събота, 25 юни 2011 г.

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  • rahul2699
    05-19 12:18 PM
    Ok thanks, is this a full 12 months with entry to the US, as I have been travelling into the US on the odd weekend for personal trips. Not sure if that would impact on the 12 month time period or not.

    it is believed to be 12 months outside US which can be interpreted as 12 months with no trips to US however please check with an immigration attorney. It seems like you may need a quick session to get clarification




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  • sledge_hammer
    06-09 05:25 PM
    By "have not run payroll since last 6 months," if you mean you were on "bench", then you are already out of status. You have more important things to worry about than your I-140 denial, like making sure you have a job, and you're getting paid!

    I'm sure you already know, but I'm going to say it again anyway - if you are here on H-1B, then you need to be working, and getting paid for it. There is no such thing as "bench" time.

    You must be working for one of those bodyshops that don't pay you when you're not on a project. If you did not have projects, your employer should have still paid your salary, or terminated your employment. Find out from your employer if he has sent a H-1B cancellation request to USCIS. Finally, get your employer to pay you for the 6 months. If he refuses, then file a complaint with DOL.

    Hi,
    I just came to know from uscis website that my I140 is denied. I have not received any documents from uscis as my name is in beneficiary. It will goto my employer. Than If he respond than I will know.
    I am currently on 7th year of h1 extension and having 2 weeks left on my h1. (22 june 2009)
    Not on project rightnow and have not run payroll since last 6 months.
    My employer is not responding to any of my emails and phone calls since 1 month.

    GC Filed: march 2005 in traditional process (not in PERM) EB3
    Labor approved : june 2006
    I140 filed: Nov 2007 - Denied end of may 2009.

    1) What are my options ?
    2) Can I use my current approved labor to get extension in new company after h1 transfer?
    3) If I transfer my h1 to another company, what about next year h1 extension? if company does not file GC at the time of h1 transfer. does 365 days rule apply in that ?




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  • India76
    09-17 01:38 PM
    bank_king2003, Thank you for taking time to reply to my questions/concerns. Appreciate it!!




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  • fxok425
    01-10 03:16 PM
    Visa number is allocation depending on country of birth. Country of citizenship doesn't matter. So if your country of birth is one of the retrogressed countries then you have to wait for long time to get a I-485 visa number.

    My husband was born in Switzerland, I was born in China. I borrowed my husband's nationality to submit 485 and 140 concurrently. from the replies above, my case should follow Switzerland, not China. Is that correct? Thanks.



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  • kaushik07
    10-30 08:13 AM
    Iam july 2nd filers for I-485, I-765 and I-131 at the Nebraska Service center. Haven't seen any activity yet. called the USCIS last evening and the answer I got is still not in the system. Is there anyone who is still in the same boat? please update!




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  • validIV
    03-09 06:27 PM
    Real estate investment right now is very good. Buy some foreclosures cheap (under 50k) then rent. Use the equity to buy more houses. Daisy chain rinse and repeat. Within a year especially with this economy you will be living the American Dream.



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  • shana04
    05-15 10:51 PM
    For my Spouse
    2. Evidence that you maintained non immigrant status


    For my spouse,

    We have applied for I 485 after our visit to India.

    1. First I 94 was taken at the airport and got the new one while we came back and one of the requirement is the copy of I 94

    How and where can I get a copy (I never made a copy of that).

    Note: Spouse passport has stamping but the requirement is copy of I 94

    any help or suggestoins where can we get a copy. We have applied for states Id's in two different states where they made copies of I 94 but at that time I never though of making copies of it.




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  • ping1
    10-15 12:41 PM
    Hi
    I went to DMV in NJ with my EAD. They will give you the DL based on your EAD date.
    don't worry about the H1 satus. DMV only check the document and enter the number in system. I hope this won't do anything to your satus. As i know.
    Since i haven't received my H1 approval, i got to use the EAD in my case.

    regards
    Sridhar



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  • djmaddy
    02-10 09:32 PM
    So when's the next contest guys?




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  • validIV
    04-27 02:58 PM
    My I-140 receipt date is Feb'20 2009..

    Dont you mean 2008 like it says on your profile?



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  • arindamb
    03-17 12:47 PM
    We had to go through the same situation. If you have registered for online notifications then you will get an email about the RFE. The actual letter reaches the lawyer around 7 days after the RFE was generated. So you have enough time to complete the medical tests once you get the RFE email and then submit the response immediately when you get the letter.
    The only thing is that USCIS sends back the original medical form along with the letter and asks the doctor to update that form.

    Hope this helps.




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  • smuggymba
    08-19 10:35 AM
    Really! ... dude go around and look at forum, than tell me how every other post is 100% directed towards Immigration.

    If you had read the link, you would have been educated on avoiding scams that could happen with you or your loved ones in future. Next time pay attention before you reply!

    No where in the news piece it's mentioned that he is on Indian origin. Your headline says - Indian Origin doc.................

    Really dude...LOL. Grow up



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  • Lisap
    08-03 12:27 PM
    What happens if your I-485 is denied? Are you able to fix any issues or do you start all over? And on what grounds would they deny?




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  • dilbert_cal
    10-31 06:59 PM
    To answer your questions (assuming you filed I-1485 with A - since you mention using EAD).

    1. Is employer A going to withdraw the approved I-140? If yes, then you will run into some issues with the way things are going now. But you should be able to fight back (MTR etc) in the worst case. If A is not withdrawing I-140, then less problem.

    Once 140 is revoked and 485 is denied as well, you will not be able to work anymore. You are planning to use EAD - your EAD is invalid the day your 485 is denied. By filing MTR, you may be able to get it back on track but until then you cannot work. Its upto you to decide whether you want to take this risk or not.


    2. Is Company B, that promises to employ you after GC, can they give any written statement? Here in US it is _at-will_ employment. So, you might have tough time proving it.

    Even with a written statement, there is no guarantee they will hire you when you have your GC - and anyways this doesnt real mean anything w.r.t. his GC process.

    3. Another problem is, before they adjudicate your I-485, they might issue an RFE to check if you're still employed in same or similar position. And employment with Company C will not satisfy this requirement.

    Perfectly said. If you are using ac-21 , your new job has to be same/similar to the job filed for GC. Job with C is not same/similar. If you have a RFE ( high chances when you file AC21 based on anecdotal evidence ) , you will be in trouble.

    Now, I am not sure if any documents from company B will establish the fact that you will be working in same/similar occupation. You should better consult with an Immigration Attorney and better yet retain them for future.

    Overall, not knowing what is the reason you want the change, etc. it is difficult to advise you one way or the other - but its pretty clear that the risks can be pretty high in this particular case.



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  • Ramba
    08-07 08:31 PM
    Thanks. Yes, I am an Indian citizen.

    Do I need NO status even if I were on the company's pay roll and getting paid in US dollars while working outside US?

    ---Once you leave US, you are not in any status, even if you have a visa stamp or H1 approval. If you are a H1B beneficiary, an US employer cannot put you in US payroll, if you are not physically present in US, working at the worklocation specified in LCA. The only exeption is if you go for a short vacation while working in US in H1B. You should be a US citizen or LPR, to be in US payroll without physically present in US.

    In spite of their gracious offer to allow me to work remote, I do foresee a need where they would require my presence (a week or so at a time). Will B1 cover a visit to the company that I am getting paid for? Or, is there a type of B visa that allows me to visit the company and actually work for it?

    ---There is no such B visa that gives work authorization in US. The best advise is start a bussiness in India and do the service to your US client and incoive them and get the money in US doller. Wehn you are ready to come to US, request them to sponser H1; any way H1B quota is never going to fill.


    If you/any others help me point to someone who can help me with IRS implications, that would be great. I don't expect this to be simple, thus my effort to do it the right way. The last thing I would want after spending 10 years here is to break the law.

    My company and I will consult before signing on the dotted line. This is just ground work and thanks for all who take the time to answer these questions.

    ---




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  • GCneeded
    11-07 12:32 PM
    Thank you everyone for the responses.

    Dreamworld, Could you let me know what kind of supporting documents are needed. Thanks in advance.



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  • dixie
    09-30 05:28 PM
    You should be thankful you are even able to file for 485. There are so many of us here who have waited 4+ YEARS (and still waiting) for just their labor cerification from BECs. Even assuming they get their I-140 approved overnight, they need to wait another 3-4 YEARS before they can even FILE 485. So compared to that 4-5 months processing time to approve I-140 is a rounding error .. dont mean to defend USCIS or trivialize your problem, just giving you some perspective in the larger context of this huge EB mess.
    This is absolutely no-sense at all.

    Texas, take about 2-3 months to approve 140 and 485. While Nebraska take about 4-5 months to approve only 140. This is not included 485 that back up from December 2, 2005.

    You compare about 2-3 month processing time from one Center and another 1 year from another service center.

    People there don't know how to do the mathematic or what, why keep sending everything to Nebraska still. Why don't transfer from the last person in Nebraska to Texas and have Texas start processing 485 in Queued.

    We don't want people get process by Luck! or by paying more money and left other people behind.

    What you think?!




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  • radhagd
    01-05 09:24 AM
    Well, I won't blame you guys for your decision if things do not work out. I know that it is very difficult to predict , I am going to go with EB2 06 .Just wanted to know what you would do if you were in my shoes.


    If I am you I would go with EB3 I140 and once it gets approve get a copy
    of approval and wait until Eb2 date crosses 2004 and find a desi consultant
    file labour under Eb2 and file I140 port my PD to EB2 .After filing 485 you
    can join desi company at that time.




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  • a_yaja
    06-18 05:24 PM
    Here is my situation:
    I-140 approved and about to file 485.
    Employer says he can file only 485 and no EAD for me. But he can file EAD/AP for my wife.
    Can I file EAD/AP for me separately on my own? What are the consequences from my employer if I quit after six months of applying 485 (by that time I would've got my EAD/AP)? Can he reject my 140 and/or 485?
    You can apply for EAD at anytime. All you will need is a copy of your I-485 AOS receipt (which I think USCIS will send to you, but I am not sure).

    After 6 months (180 days to be exact), your employer cannot revoke I-140 (and hence I-485) if you invoke AC21.




    jliechty
    January 31st, 2005, 12:03 PM
    Not sure I'd crop solitary much ... the more empty space there is around him, the more it reinforces the illusion that he is in fact alone.
    Ok, true. But I guess I'm still hung up on the "suggestion" (not rule, I suppose) to have more space in the direction the subject is heading or looking than to the rear of him/her/it - especially also not to center the subject. So, I'd still crop it the same, but I should have indicated better what I was thinking (not a tight crop, which is probably what it sounded like I meant).




    shana04
    05-15 08:41 PM
    Friends,

    I am EB2 with Jan 2005 Priority date, I have used AC21 and send documents before through attorney.

    For my self
    1. Now I got RFE on current employement and offer of proposed employment (description of position) and offered salary

    2. Current address proof

    For my Spouse
    1. Missing G325-A need to submit one (but I did send them initially)
    2. Evidence that you maintained non immigrant status

    Please let me know if there is any attorney who is good and affordable

    Thanks in advance
    Shana



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