pd2001_12
09-15 01:24 PM
Yes I got RFE like 1 month back about employment verification...
Congratulations! Just curious did you got any RFE as it is a very early PD? I'm Jan 22 2002 EB3-I and am waiting with bated breath.
Congratulations! Just curious did you got any RFE as it is a very early PD? I'm Jan 22 2002 EB3-I and am waiting with bated breath.
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natrajs
08-23 12:54 PM
It is very unlikely to get a RFE for this
I hope you don't get it, Try to get the Duplicate ASAP
I hope you don't get it, Try to get the Duplicate ASAP
GCard_Dream
06-29 03:58 PM
It is a shady practice. The main reason an employer wouldn't give you a copy of a I-140 is that if you were to leave company A and company B sponsors you for GC, you can keep your old priority date. But that is only possible if you can furnish a copy of approved I-140 to INS. It is such a stupid practice on part of INS to request the petitioner to provide a copy of something (like I-140) that they themselves approved and should already have a record of. But I don't think anyone expects any better from INS anyway.
I agree that it is a employer driven petition but the employer purposely holds the information back so that they have more control over the employees decision making ( specially if the employee is thinking about leaving the company).
This is not a shady practice. The employer had petitioned for a labor certification earlier to sponsor GC for an employee who might have left the company. Now they filled the position with you, so its perfectly alright to use the same petition for you.
As far as the documents are concerned, they are employer centric and they have no reason to give them to you. You will have nothing to do with those even if you get them. If the only purpose you want to solve is to know whether or not your labor and I40 were infact approved as your employer says, you should request your employer to show you a copy.
The copies are wothless to you if you leave the company anyways, before you get an EAD.
Don't heed the advise of people who ask you to find a better employer. Such people are only trying to get their own GCs faster, since there will be one less person with an earlier priority date.
I agree that it is a employer driven petition but the employer purposely holds the information back so that they have more control over the employees decision making ( specially if the employee is thinking about leaving the company).
This is not a shady practice. The employer had petitioned for a labor certification earlier to sponsor GC for an employee who might have left the company. Now they filled the position with you, so its perfectly alright to use the same petition for you.
As far as the documents are concerned, they are employer centric and they have no reason to give them to you. You will have nothing to do with those even if you get them. If the only purpose you want to solve is to know whether or not your labor and I40 were infact approved as your employer says, you should request your employer to show you a copy.
The copies are wothless to you if you leave the company anyways, before you get an EAD.
Don't heed the advise of people who ask you to find a better employer. Such people are only trying to get their own GCs faster, since there will be one less person with an earlier priority date.
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glus
01-03 10:15 AM
You will need to switch to an F1 (Student Visa). You cannot enroll for a full time MBA course on an H1. The college you enroll in will insist on an F1.
As for the GC application, it is for future employment. Meaning that if you company is willing to hire you back once you get your GC and they don't withdraw the I-140, then the application can continue.
However, I think that if and when yr GC gets approved, you will mostly likely have to abandon full time studies and go back to working full time for yr company right away. I only think this and I'm not sure.
Hello,
Respectfully, but Yinzak is incorrect. While working for a law office, we researched the issue for a client. There is a memo issued by uscis many years ago. There is NOTHING in INA that says that a person on H-1B visa or status can't attend college and the memo states that as long as attendance to college is "incidental" to the H-1B, not a problem. As such, if a person Maintains H-1B employment, and all the H-1B requirements continue to exist, one can attend college part of full time. In fact, some colleges offer in-state tuition for H-1B applicants. Changing to F-1 is impossible because of immigrant intent showed by GC petition pending for this person.
Brooklyn college is one that offers in-state tuition for H-1s and does not require change in status at all.
As for the GC application, it is for future employment. Meaning that if you company is willing to hire you back once you get your GC and they don't withdraw the I-140, then the application can continue.
However, I think that if and when yr GC gets approved, you will mostly likely have to abandon full time studies and go back to working full time for yr company right away. I only think this and I'm not sure.
Hello,
Respectfully, but Yinzak is incorrect. While working for a law office, we researched the issue for a client. There is a memo issued by uscis many years ago. There is NOTHING in INA that says that a person on H-1B visa or status can't attend college and the memo states that as long as attendance to college is "incidental" to the H-1B, not a problem. As such, if a person Maintains H-1B employment, and all the H-1B requirements continue to exist, one can attend college part of full time. In fact, some colleges offer in-state tuition for H-1B applicants. Changing to F-1 is impossible because of immigrant intent showed by GC petition pending for this person.
Brooklyn college is one that offers in-state tuition for H-1s and does not require change in status at all.
more...
priderock
07-12 01:23 PM
TANA reportedly paid Mr Clinton million dollars for the fund raising dinner/speech. I am not sure how it helps though. I have not seen them raise voice to address our issues.
newbee7
07-05 12:53 AM
Ombudsman had correctly predicted this fiasco back in June before the dates were made current:
There will be severe consequences from rapid fluctuations in priority dates. If the priority date became current today, due to delayed USCIS processing and thus underutilization of visa numbers, some have predicted that within a few months as many as 500,000 to 750,000 individuals now residing in the United States under a temporary worker visa could apply for a green card. Additionally, DOL’s recent backlog elimination efforts, scheduled to be completed by September 30, 2007, are predicted to add 70,000 or more approved labor certifications yielding as many as 170,000 additional green card applications. As USCIS begins to complete these applications and request visa numbers from DOS, the 140,000 statutorily authorized visa numbers will be used. DOS then will be required to retrogress priority dates. Consequently, most applicants in this scenario will find themselves trapped where as they anticipated timely receipt of a green card, their wait exceeds seven or more years. In addition, all future employment-based green card applicants effectively would be barred from applying for many years.38
http://www.dhs.gov/xlibrary/assets/CISOMB_Annual%20Report_2007.pdf
There will be severe consequences from rapid fluctuations in priority dates. If the priority date became current today, due to delayed USCIS processing and thus underutilization of visa numbers, some have predicted that within a few months as many as 500,000 to 750,000 individuals now residing in the United States under a temporary worker visa could apply for a green card. Additionally, DOL’s recent backlog elimination efforts, scheduled to be completed by September 30, 2007, are predicted to add 70,000 or more approved labor certifications yielding as many as 170,000 additional green card applications. As USCIS begins to complete these applications and request visa numbers from DOS, the 140,000 statutorily authorized visa numbers will be used. DOS then will be required to retrogress priority dates. Consequently, most applicants in this scenario will find themselves trapped where as they anticipated timely receipt of a green card, their wait exceeds seven or more years. In addition, all future employment-based green card applicants effectively would be barred from applying for many years.38
http://www.dhs.gov/xlibrary/assets/CISOMB_Annual%20Report_2007.pdf
more...
sw33t
06-17 06:06 PM
Let's say you setup a business entity (LLC, LLP, LP etc.). You would need to open a business bank account for the entity you incorporated. Use the business account to receive your proceeds from selling the app. You have not violated any laws as long as you don't pay yourself from running your company. Again, there are laws as to how many hours you can "volunteer" as a manager/director to run the company (bookkeeping, accounting etc.) before you end up as someone who SHOULD be paid for running the company. Keep a documentation trail if you decide to go down this path.
You would have to wait until you get your green card to pay yourself out though.
PS: I am not a lawyer.
You would have to wait until you get your green card to pay yourself out though.
PS: I am not a lawyer.
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GKBest
07-17 04:13 PM
Let us start sending Thank you flowers to IV core memebers such as Logic life, pappu ( i know only these two people) Please add to the list if you know anybody belong to Core team.
They deserve this but a better idea will be to send it to Congresswoman Lofgren. This will create a stir in the Congress.....More News the better.
They deserve this but a better idea will be to send it to Congresswoman Lofgren. This will create a stir in the Congress.....More News the better.
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pappu
07-16 09:30 PM
Please try to create threads with descriptive titles and not 'Need advice - Urgent '
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satishku_2000
11-21 05:56 PM
Similar Question:
I have not left the USA for the last 5 years. I have since extended my H1- thrice. So I have 3 new I-94's and the old one that is stapled in the passport. I-94 is taken at the airport when you depart, to record your departure and also to see if you were residing legally on a valid stay. Question: They always take the one stapled in your pasport. (That in my case shows an expired stay.) so should I give them the latest I-94 when I depart?.
when you get an extension of stay you will have same number for all of them.
I have not left the USA for the last 5 years. I have since extended my H1- thrice. So I have 3 new I-94's and the old one that is stapled in the passport. I-94 is taken at the airport when you depart, to record your departure and also to see if you were residing legally on a valid stay. Question: They always take the one stapled in your pasport. (That in my case shows an expired stay.) so should I give them the latest I-94 when I depart?.
when you get an extension of stay you will have same number for all of them.
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transpass
08-01 12:28 PM
I am pleasantly surprised and would like to thank Sen Mendez on behalf of all the IV members in his constituency for sponsoring visa recapture bill in Senate. Few days back when we called his office, his position was different. But because of we all calling and requesting for his support, he graciouly has agreed to take up our case. Speaking with his staff, I came to know that more than thousand calls were made to his office in support of the visa recapture bill.
No Offense, but please don't misspell the senator/congressman(woman) name...Senator Menendez...
It might also not look good when someone from IV calls the office and pronounces the name incorrectly...
Thanks..
No Offense, but please don't misspell the senator/congressman(woman) name...Senator Menendez...
It might also not look good when someone from IV calls the office and pronounces the name incorrectly...
Thanks..
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thomachan72
09-11 04:35 PM
There seems to be two waiting with PD 2003??? who are these people and what is their issue?? please let us know what your problem is? People with PD early 2005 are being aproved and you are still waiting? does not make any sense. You need to do something.
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mahujam
07-29 01:13 PM
Hmmm questions sent.
This should have been publicized in the local chapters also.
This should have been publicized in the local chapters also.
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GC_newbee
10-29 09:03 PM
^bump
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softcrowd
04-23 09:35 AM
Yes, that means your I-140 is "filed" under EB2...But note that USCIS can always comeback & say it "can" or "can not" be approved under Eb2 based on the job description in Labor.
In rare scenarios, USCIS comes back with a "NO" to Eb2, especially if the JOB description in Labor does not suit an Eb2 requirement. But in 99% of the cases, its fine (because, attorneys normally don't file it under Eb2 if its not one).
All the best!!
In rare scenarios, USCIS comes back with a "NO" to Eb2, especially if the JOB description in Labor does not suit an Eb2 requirement. But in 99% of the cases, its fine (because, attorneys normally don't file it under Eb2 if its not one).
All the best!!
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Jitamitra
05-29 07:56 PM
Get a good attorney to solve this issue as practically speaking, you were out of status from period of 2006-2008 as your Company A's Approval overrided your university H1.
USCIS is expecting that you submitted Company A's Approval for transfer instead of University's H1B Approval
This is not a legal advise. Please get in touch with a immigration attorney.
USCIS is expecting that you submitted Company A's Approval for transfer instead of University's H1B Approval
This is not a legal advise. Please get in touch with a immigration attorney.
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desi3933
02-11 07:59 PM
I checked with attorney and they mentioned that I can continue on my L1 if I am with L1 employer OR if I am with H1 employer then I can be only on H1 status...
...
Did you tell your attorney that you have got new I-94 with H1-B written on it. I-94 indicates new status. There are no 2 ways about it.
__________________
Not a legal advice.
...
Did you tell your attorney that you have got new I-94 with H1-B written on it. I-94 indicates new status. There are no 2 ways about it.
__________________
Not a legal advice.
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Eberth
10-28 10:12 PM
hehe, ok lost!
yeah, and i have lots of trouble on getting new clients, because im a 16 years old high school student, and because of that, people think that is too much money for someone of my age, and others think that a person of my age cant do a professional job, that's the main problem i have :( and i dont know how to go and offer my services,i dont know even what to say ( maybe what reverendflash said with the sign hehe,:smirk: ) also if you could give me some advices, on how to offer webdesign, i'd be greatfull ;)
yeah, and i have lots of trouble on getting new clients, because im a 16 years old high school student, and because of that, people think that is too much money for someone of my age, and others think that a person of my age cant do a professional job, that's the main problem i have :( and i dont know how to go and offer my services,i dont know even what to say ( maybe what reverendflash said with the sign hehe,:smirk: ) also if you could give me some advices, on how to offer webdesign, i'd be greatfull ;)
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immi_enthu
08-28 09:34 AM
They might return urs , simple.
what will happen in case of 140/485 concurrent filing ?
what will happen in case of 140/485 concurrent filing ?
jthomas
06-03 11:13 AM
Hi Surpreet,
Did you explore more on ARRA? Is it OK to take that benifit during AOS?
Thanks
I came across one member who is taking ARRA in Northern california. He is a frequent visitor to IV forumn.
I have had applied for UI and did not have any issues yet. 9 weeks over. Secondly i have recently asked UI whether they would pay relocation if i get a job in a another state.
J Thoams
Did you explore more on ARRA? Is it OK to take that benifit during AOS?
Thanks
I came across one member who is taking ARRA in Northern california. He is a frequent visitor to IV forumn.
I have had applied for UI and did not have any issues yet. 9 weeks over. Secondly i have recently asked UI whether they would pay relocation if i get a job in a another state.
J Thoams
FinalGC
07-21 11:40 AM
Guys:
I am applying for my 485 and I was contemplating using the NEW fees vs OLD Fees.
OLD Fees:
I485- $325
Biometric - $70
I765 - $180
I131 -$170
TOTAL - $745
NEW Fees, which includes Biometric, EAD, and AP - $1010.00 when applying all togther with I485.
Check New Fees. (http://www.uscis.gov/files/nativedocuments/FinalUSCISFeeSchedule052907.pdf)
Now my question - Is it TRUE that in the NEW Fees, it allows for an indefinite FREE Renewal of EAD and AP until Green card is received. If this statement is true, then I would prefer using the NEW Fees, since it pays off within 1 year.
If anybody knows this answer, please attach link or direct to the USCIS page.
Thanks
I am applying for my 485 and I was contemplating using the NEW fees vs OLD Fees.
OLD Fees:
I485- $325
Biometric - $70
I765 - $180
I131 -$170
TOTAL - $745
NEW Fees, which includes Biometric, EAD, and AP - $1010.00 when applying all togther with I485.
Check New Fees. (http://www.uscis.gov/files/nativedocuments/FinalUSCISFeeSchedule052907.pdf)
Now my question - Is it TRUE that in the NEW Fees, it allows for an indefinite FREE Renewal of EAD and AP until Green card is received. If this statement is true, then I would prefer using the NEW Fees, since it pays off within 1 year.
If anybody knows this answer, please attach link or direct to the USCIS page.
Thanks
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