alterego
09-25 06:55 PM
This question is arising a lot. It really should be asked of the Q&A session with the immigration lawyer. It clearly is figuring in the thoughts of a lot of members and if she is not sure she can perhaps clarify it through the AILA liason.
My understanding is that your 140 and its associated PD is protected only if you have filed 485 and are waiting 180 days. In cases where 485 is not filed, I believe you need the cooperation of the previous employer who has to leave that petition open until you get to the 140 stage with the subsequent employer at which point you could substitute the PD.
I know a few of the lawyers have said otherwise but I am not sure what their basis is for that. I think it needs some clarification. It may infact be so and that would be great but clearly with half baked knowledge in this era of massive retrogression it could turn out to be a painful mistake if the clock has to reset!
My understanding is that your 140 and its associated PD is protected only if you have filed 485 and are waiting 180 days. In cases where 485 is not filed, I believe you need the cooperation of the previous employer who has to leave that petition open until you get to the 140 stage with the subsequent employer at which point you could substitute the PD.
I know a few of the lawyers have said otherwise but I am not sure what their basis is for that. I think it needs some clarification. It may infact be so and that would be great but clearly with half baked knowledge in this era of massive retrogression it could turn out to be a painful mistake if the clock has to reset!
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pappu
09-01 09:17 AM
I am in the process of changing job. The new employer is saying that I can start working with them from the very next day, after they file H1B transfer application. ie I don't have to wait for the receipt. Is this true? They are asking me to give 2 weeks notice immediately so that by the time they file H1B, 2 weeks will get over, and I can start there immediately.
Please reply its kind of urgent for me.
Thanks.
yes you can start working when the application is filed. If you have time then i'd prefer you wait for the reciept notice confirming your application has reached and then switch jobs.
Please reply its kind of urgent for me.
Thanks.
yes you can start working when the application is filed. If you have time then i'd prefer you wait for the reciept notice confirming your application has reached and then switch jobs.
jonty_11
05-21 05:47 PM
You think its that easy to swing it our way with DEMS in power.....aint happenning.
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aperregatturv
10-26 03:40 PM
My lawyer is saying you need a valid reason to apply. My wife wants to visit India when i asked he said you cannot apply AP for visiting purpose, you need a valid reason to apply and a letter or wedding invitation to apply.
what shall I do?:confused:
what shall I do?:confused:
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natrajs
09-03 10:09 PM
My Fall classes are starting on Sep 8th, after that I am planning to meet International Student Association people. If the event is planned on eve then I will be able to attend
Let me know
Let me know
gcformeornot
05-04 11:03 AM
http://aila.org/content/default.aspx?docid=31886
I hope this works out and they implement for every service center....
I hope this works out and they implement for every service center....
more...
kanshul
02-01 10:40 AM
Client forcing you is very typical.
Here is an option to consider: can your employer (who I am assuming is a small desi firm) file your GC though another sister firm (not unusual) in EB2. Assuming that you get it, and retain your PD, you should be able to get your GC within a year if there is no audit in labor / 140. Remember in EB2 the date for Indian is Jan 05 and your PD is before that.
Assuming that you can't keep PD if employer withdraws 140; I would recommed going that route even if you have to find another client.
Also, check with an attorney to find out about PD as you may be able to keep it even if 140 is withdrawn. In that case you can join any company (even your client ) and start GC through EB2.
Here is an option to consider: can your employer (who I am assuming is a small desi firm) file your GC though another sister firm (not unusual) in EB2. Assuming that you get it, and retain your PD, you should be able to get your GC within a year if there is no audit in labor / 140. Remember in EB2 the date for Indian is Jan 05 and your PD is before that.
Assuming that you can't keep PD if employer withdraws 140; I would recommed going that route even if you have to find another client.
Also, check with an attorney to find out about PD as you may be able to keep it even if 140 is withdrawn. In that case you can join any company (even your client ) and start GC through EB2.
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hibworker
08-23 11:46 AM
Switching to F1 will allow her to use OPT / CPT benefits as well as allow her to work part time on campus during term. In order to qualify for OPT the student needs to be in F1 status for 1 academic year prior to submitting application for OPT.
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RDB
12-21 10:32 AM
A1. Yes, they will interview you together.
A2. It is NOT advisable to take the immigration attorney with you IF your case is clear, i.e. no out of status etc. When we went for the interview, the officer clearly told us that you did good by not having an attorney - they get annoyed by them :). As soon as he realized that we didn't have anybody representing us, he was way more relaxed than with other people who had representation.
A3. Yes, they can and will approve on the spot if they are satisfied with your answers!
A4. Yes, they can stamp the passport if they approve it - in my case, they approved it but couldn't stamp the passport because my PD was not current. He said, you will get the card as soon as your PD becomes current.
Just relax and take all the necessary documentation with you - and be absolutely confident in your answers. Oh, and btw, I was also promoted when we went for the interview and that doesn't make any difference - as long as you are employed (same company is better).
Hope this helps.
Hello Everybody,
My wife & I have our 485 interviews in January. Any advice is appreciated. Mine is a EB (EB- 2) petition. Our PD is April 2006. We filed for 485's in July 2007 and our 485's were transferred to National Benefits Center in 2008. I was promoted hence my title is different now from what was filed on the Labor application and job duties only changed a little bit. My petitioner is the same,
Couple of questions -
Will they interview my wife & I together ?
Is it advisable to take the immigration attorney with us for the interview.?
Can the IO approve the case on the spot.?
Can IO stamp the passport since my PD is current.?
If somebody can direct me to any recent experiences for folks who did have interviews - that would be really helpful.
Thanks!
Ritesh
A2. It is NOT advisable to take the immigration attorney with you IF your case is clear, i.e. no out of status etc. When we went for the interview, the officer clearly told us that you did good by not having an attorney - they get annoyed by them :). As soon as he realized that we didn't have anybody representing us, he was way more relaxed than with other people who had representation.
A3. Yes, they can and will approve on the spot if they are satisfied with your answers!
A4. Yes, they can stamp the passport if they approve it - in my case, they approved it but couldn't stamp the passport because my PD was not current. He said, you will get the card as soon as your PD becomes current.
Just relax and take all the necessary documentation with you - and be absolutely confident in your answers. Oh, and btw, I was also promoted when we went for the interview and that doesn't make any difference - as long as you are employed (same company is better).
Hope this helps.
Hello Everybody,
My wife & I have our 485 interviews in January. Any advice is appreciated. Mine is a EB (EB- 2) petition. Our PD is April 2006. We filed for 485's in July 2007 and our 485's were transferred to National Benefits Center in 2008. I was promoted hence my title is different now from what was filed on the Labor application and job duties only changed a little bit. My petitioner is the same,
Couple of questions -
Will they interview my wife & I together ?
Is it advisable to take the immigration attorney with us for the interview.?
Can the IO approve the case on the spot.?
Can IO stamp the passport since my PD is current.?
If somebody can direct me to any recent experiences for folks who did have interviews - that would be really helpful.
Thanks!
Ritesh
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quizzer
01-08 02:03 PM
As far as i know PF is controlled by the central government, TCS will not have any say in you withdrawing your money. Generally there is an upto 15% match from the company in your account, and that is yours the moment it is deposited in your account. You should not have any problems withdrawing your money. Your money is yours. Some companies deposit PF monies quarterly, small companies deposit it annually, in those cases you might be screwed if you company did not deposit the money in your account.
thanks for the response.
Iam also looking for somebody who has managed to withdraw from TCS PF..similar to my case
thanks for the response.
Iam also looking for somebody who has managed to withdraw from TCS PF..similar to my case
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addsf345
11-17 04:48 PM
Students from India & China combined: almost 200K.
Looking at the retrogression, many of those may be potential future IV members!!!:rolleyes:
Looking at the retrogression, many of those may be potential future IV members!!!:rolleyes:
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beautifulMind
07-16 10:15 PM
But isn't AC21 for a different position irrespective of whether you use it in the same company or different company. Technically you are suppose to be in same occupation till you get your green card Which is problem for me because i am trying to use the benefits obtained (EAD and AP) from my EB3 position and being promoted to a EB2 position while using the EAD and AP of my EB3 application
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reachag
06-22 06:50 PM
This has been the practise for quite some time.
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indio0617
01-05 10:19 PM
For any new comprehensive immigration reform, we must push for the Ability to be able to file for EAD after labor rather than having to wait for I-140 approval.
Do anybody know if any of the proposed bills have this provision? We must get together to push for this in the final bill as this doesn't harm anybody.
Thanks,
WaldenPond
I do not think any of the proposed bills push for I-485 filing after the Labor Cert itself. This has not been proposed because I-140 approval is not an issue right now. It is being approved as fast as one month these days. But I see no harm in asking for it. Let us reach for the moon and see what we get :)
Do anybody know if any of the proposed bills have this provision? We must get together to push for this in the final bill as this doesn't harm anybody.
Thanks,
WaldenPond
I do not think any of the proposed bills push for I-485 filing after the Labor Cert itself. This has not been proposed because I-140 approval is not an issue right now. It is being approved as fast as one month these days. But I see no harm in asking for it. Let us reach for the moon and see what we get :)
more...
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snathan
06-24 10:18 PM
Hopefully there wont be any answer for you guys. People are waiting in line for years and you guys cut short with sub labor. Good keep it up.
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ssdtm
03-16 10:05 PM
Option 1 - Take Travel Insurance for 15 days. For young folks that is not pricey and covers emergencies.
Option 2 - Just ignore....It is a matter of 15 days. Insurance is good, desirable, and highly recommended......but it is not something that deserves too much worry for 15 days for any healthy person.
Option 2 - Just ignore....It is a matter of 15 days. Insurance is good, desirable, and highly recommended......but it is not something that deserves too much worry for 15 days for any healthy person.
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mhtanim
06-30 02:04 AM
Your H-1B stays valid for as long as it is approved, even if you enter using AP.
If you enter with AP, you become a parolee (based on the fact that you get an I-94 with parolee status on it). Then you resume your work with the H-1B employer. After few months, for some reason your I-485 gets denied. Do you become out of status since your status was parolee?
If you enter with AP, you become a parolee (based on the fact that you get an I-94 with parolee status on it). Then you resume your work with the H-1B employer. After few months, for some reason your I-485 gets denied. Do you become out of status since your status was parolee?
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marty
01-09 12:50 PM
Are you just trying to get people to click somewhere so that it generates ads revenue for you. The links you provided only open up windows that shows ads. I think you are a thug because don't have correct profile here, at the same time you are using some other webiste to track your GC to generate revenue for someone else, and now you are trying to lure people to visit that site. I think your are phony because your ways are suspicious. I will not do what you are saying.
.
I have already mentioned that I don't have correct dates in my profile and I will update it. I tried to post the attachment here but it was not letting me do that so I had to upload it on a free hosting site. For your information, I made post here for the good of IV people. How come I "generate revenue" from something that I don't even own, sir?
.
I have already mentioned that I don't have correct dates in my profile and I will update it. I tried to post the attachment here but it was not letting me do that so I had to upload it on a free hosting site. For your information, I made post here for the good of IV people. How come I "generate revenue" from something that I don't even own, sir?
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mdross2
11-16 01:19 PM
Hi All
I have a query, Maybe some of the experts here can help me out.
1. I came to the US in 2003 on a L-1 via company A.(I have the original petition)
2. I switched to H-1 via company B in 2005 .(I have the copy of I-797A)
3. In 2006 I switched to company C. (I have the original for I-797A)
All this while I was here(U.S) only . I am going for a vacation (much needed :-) to India next month. I need to get a VISA stamped to come back.
Question 1. - The I-94 I have stapled in my passport is when I entered US. There have been 2 I-94's after that (from I-797A from company B and company C) ... Which one of those I need to submit when I go to India ? If its from A,B and C ...Does it have to be from the original since I don't have the original I-797A from company B ?)
Question 2. - As far as docs required for VISA stamping interview are concerned I have read various websites and posts and most of them say that I need the original I-797A only for the current (company C) H-1 petition.The copies of I-797A from the old employers will suffice too. Is that correct ?
Thanks.
I have a query, Maybe some of the experts here can help me out.
1. I came to the US in 2003 on a L-1 via company A.(I have the original petition)
2. I switched to H-1 via company B in 2005 .(I have the copy of I-797A)
3. In 2006 I switched to company C. (I have the original for I-797A)
All this while I was here(U.S) only . I am going for a vacation (much needed :-) to India next month. I need to get a VISA stamped to come back.
Question 1. - The I-94 I have stapled in my passport is when I entered US. There have been 2 I-94's after that (from I-797A from company B and company C) ... Which one of those I need to submit when I go to India ? If its from A,B and C ...Does it have to be from the original since I don't have the original I-797A from company B ?)
Question 2. - As far as docs required for VISA stamping interview are concerned I have read various websites and posts and most of them say that I need the original I-797A only for the current (company C) H-1 petition.The copies of I-797A from the old employers will suffice too. Is that correct ?
Thanks.
subarashi_indo
11-30 12:26 PM
I checked on the website, and it has a note - " Important Note: In certain cases of an old passports issued by an office other than the Consulate General of New York, a passport is issued for one year. In such cases, applicants have to apply for extension of the passport any time after 45 days. A passport is also issued for one year in cases of expiry of valid U.S. residence visa. In such cases, applicants have to apply for extension of validity as soon as valid U.S. Residence visa is approved. "
Here's the link that I was referring to...
RENEWAL OF PASSPORT OR NEW PASSPORT - www.indiacgny.org (http://indiacgny.org/php/showContent.php?linkid=225&partid=223&sub=sub3)
What I meant to ask was, I cannot apply for a renewal until I get my new I797, right ? And, once I get it, and plan to travel, I'll go for a new visa stamp and I just want to make sure that I get it for the duration applicable and not until the expiration of the passport, and also that if i get my passport renewed here, I get it for another 10 or so years and not one.
Also, could you please tell me how long does it usually take to get the passport renewed ? I'm in NY area.
Thank you.
Here's the link that I was referring to...
RENEWAL OF PASSPORT OR NEW PASSPORT - www.indiacgny.org (http://indiacgny.org/php/showContent.php?linkid=225&partid=223&sub=sub3)
What I meant to ask was, I cannot apply for a renewal until I get my new I797, right ? And, once I get it, and plan to travel, I'll go for a new visa stamp and I just want to make sure that I get it for the duration applicable and not until the expiration of the passport, and also that if i get my passport renewed here, I get it for another 10 or so years and not one.
Also, could you please tell me how long does it usually take to get the passport renewed ? I'm in NY area.
Thank you.
das0
12-17 05:38 PM
Thanks you.
Is AC21 Memo required under Law?
Is AC21 Memo required under Law?