h1b_tristate
07-27 09:16 PM
Currently my labor and 1-140 has been approved. But i havent been able to apply for I-485 due to retrogression. Hence if i change my job now and re-apply for labor will i continue to get extentions?
Also can anyone advice me that for a PERM application the pre-application i.e advertisements and stuff takes how long before i can actually apply for the labor. Also in Perm How long does one have to do the pre-application (advertisments etc)?
Can someone please help?
Also can anyone advice me that for a PERM application the pre-application i.e advertisements and stuff takes how long before i can actually apply for the labor. Also in Perm How long does one have to do the pre-application (advertisments etc)?
Can someone please help?
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GCBALAK
03-18 12:57 AM
I am on an EAD (dependent), as my husband was the primary applicant. He has got his GC and mine got stuck after the July - Aug 2007 fiasco :(.
I want to start a IT company with my friend who is a US Citizen. I know my husband is a sure shot to have the company in his name however, he is in a full-time job.
My questions:
1) Can I start / partner with a friend who is a US Citizen?
2) I am thinking of an LLC. Is that ok? or should it be S-Corp? More reading of S-corp says to be US Citizen or US Permanent Resident so I am more leaning towards LLC. Also there is a provision that we could change LLC to S-corp at a later date (if needed).
3) What should I make sure if I go through the LLC route? - like Designation, Salary that I can take, work for the same company etc
4) Does state make any difference? If so how? I am a PA resident and my friend is from Texas. We are thinking of registering the company in Texas.
5) I got my 2 yr EAD valid till Sep 2010. Is there any special procedure that I need to do or just extend it before it expires.
Any tips / advice from the experts will be highly appreciated.
I want to start a IT company with my friend who is a US Citizen. I know my husband is a sure shot to have the company in his name however, he is in a full-time job.
My questions:
1) Can I start / partner with a friend who is a US Citizen?
2) I am thinking of an LLC. Is that ok? or should it be S-Corp? More reading of S-corp says to be US Citizen or US Permanent Resident so I am more leaning towards LLC. Also there is a provision that we could change LLC to S-corp at a later date (if needed).
3) What should I make sure if I go through the LLC route? - like Designation, Salary that I can take, work for the same company etc
4) Does state make any difference? If so how? I am a PA resident and my friend is from Texas. We are thinking of registering the company in Texas.
5) I got my 2 yr EAD valid till Sep 2010. Is there any special procedure that I need to do or just extend it before it expires.
Any tips / advice from the experts will be highly appreciated.
siravi
08-06 04:38 PM
will be there as well.
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austingc
06-10 05:01 PM
Hello All,
I was reading at some of the posts in this forum and they seem to have been quiet helpful.
My company has decided to go ahead with my GC process.
Its in the very early stage, but my immigration specialist gave me a heads up regarding something.
She said, that as I have a 3 yrs BE degree the USCIS may not recognize me under EB2 category :confused: So I explained her the education system in India, but she said that it depends upon the Credential Evaluation Agency which will process my educational qualification and prepare a report and submit it to USCIS.
Following this USCIS will make a decision whether to grant EB2 or EB3 category.
I am sure many of the members may have faced a similar Dilemma....Is there any specific solution to this?
To be precise I completed my Diploma from Mumbai & Degree from Pune University, followed by MS in US and currently working on H1B.
Please Advice.
Thanks,
Shakti
You can just show your masters degree and file under EB2. The important thing is the job should require a Masters Degree. Then the USCIS do not care what undergraduate degree you have.
I was reading at some of the posts in this forum and they seem to have been quiet helpful.
My company has decided to go ahead with my GC process.
Its in the very early stage, but my immigration specialist gave me a heads up regarding something.
She said, that as I have a 3 yrs BE degree the USCIS may not recognize me under EB2 category :confused: So I explained her the education system in India, but she said that it depends upon the Credential Evaluation Agency which will process my educational qualification and prepare a report and submit it to USCIS.
Following this USCIS will make a decision whether to grant EB2 or EB3 category.
I am sure many of the members may have faced a similar Dilemma....Is there any specific solution to this?
To be precise I completed my Diploma from Mumbai & Degree from Pune University, followed by MS in US and currently working on H1B.
Please Advice.
Thanks,
Shakti
You can just show your masters degree and file under EB2. The important thing is the job should require a Masters Degree. Then the USCIS do not care what undergraduate degree you have.
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santb1975
03-09 11:06 PM
I talked to attorney Murthy about this issue a few weeks ago. My 140 was approved July 2007. The salary I currently make 485 is 10K less than the salary mentioned on my Labor. I work for a speciality Pharma company with steady revenues. They are a public company as well. Two years ago my company Attorney(Fragomen) and my HR said that should not be a problem since GC is for a future position etc. When I checked with Attorney Murthy she said that is true but if you get a strict immigration officer he can say that the prevailing wage determination for your job was done two years ago and you are still not making that money. She said it is better to make the $$ mentioned on my labor now. I am going to ask my company attorney the same question and see what he says. I have a lot of respect for my company's attorney
imv116
06-06 05:36 PM
Hi S.Hoosier,
Subject to the AC21 restrictions, like what? Could you please elaborate?
Yes, you should be able to use AC21 to change employment (subject to the AC21 restrictions).
Subject to the AC21 restrictions, like what? Could you please elaborate?
Yes, you should be able to use AC21 to change employment (subject to the AC21 restrictions).
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xela
06-17 08:53 AM
We all saw SLUDs shortly after the day we received notice, as I metioned I got receipt on April 27tha dn last SLUD was April 30th,....sinc ethen nothing
however most people got their EADs already so they might just enjoy sitting on mine who knows sigh...
good luck and dont expect any LUDs until they actually send you something :-)
however most people got their EADs already so they might just enjoy sitting on mine who knows sigh...
good luck and dont expect any LUDs until they actually send you something :-)
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legal_la
07-12 12:11 PM
I think it is true that once you are counted in the cap you will not be counted again. so you can switch back and forth H4 and H1 without being counted in the quota.
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BPforGC
06-23 04:12 PM
Guys,
Lets focus energies on "Reuniting Families Act". Use this word. Its important. Visa recapture is part of it, but emphasize "FAMILY".
We need this bill and 350,000 VISAS that come with it. We have to make sure that those VISAs don't need to used 'per country' basis. Those VISAs must be distributed to whoever is in line, no matter which country they belong to.
IV core, please focus on this. We need this bill and all those recaptured VISAs can be used for anyone in the line, pre-adjudication complete and held-up because there is no VISA, irrespective of the changeability.
Lets focus energies on "Reuniting Families Act". Use this word. Its important. Visa recapture is part of it, but emphasize "FAMILY".
We need this bill and 350,000 VISAS that come with it. We have to make sure that those VISAs don't need to used 'per country' basis. Those VISAs must be distributed to whoever is in line, no matter which country they belong to.
IV core, please focus on this. We need this bill and all those recaptured VISAs can be used for anyone in the line, pre-adjudication complete and held-up because there is no VISA, irrespective of the changeability.
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logiclife
01-02 09:09 PM
There is an analysis on the upcoming immigration bill in washingtonpost.com on the frontpage of online version of the paper. In BOLD.
(This article is also crossposted on immigrationportal.com. Eventually I am going to cease posting there and post exclusively here)
The article majorly deals with the politics of the immigration bill coming in Feb 2006 on both side of the aisle and people's opinion in general.
There is no mention of legal immigration. None. Nothing. NADA. ZIP.
Its all about illegal immigrants(mostly mexicans who jumped the fence on the southern border). And guess what?? Majority of America is against illegal immigration. And my fear is that the winds blowing against illegal kind of immigration will sweep us all in the same bundle and punish the LEGAL kind of immigration. Kind of like GUILT by association.
Here is a quote from washingtonpost.com(Most read inside Washington DC)
The Post-ABC News poll found that four in five Americans think the government is not doing enough to prevent illegal immigration, with three in five saying they strongly hold that view.
The same poll found that 56 percent of Americans believe that illegal immigrants have done more to hurt the country than to help it, with 37 percent saying they help the country. About three in five Republicans and a bare majority of Democrats agreed that illegal immigrants are detrimental to the country.
See the whole thing here : http://www.washingtonpost.com/wp-dyn/content/article/2006/01/02/AR2006010201376.html
My regtrogression brothers and sisters.....IF WE WANT TO END RETROGRESSION and end the H1B blackout WE HAVE GOT TO SEPARATE OURSELVES FROM THE ILLEGAL KIND and point out the congress and the general populace that there is another kind of immigration which is called ***TADA*** LEGAL IMMIGRATION. Its involves a process of granting permenant residence and citizenship to folks who are
1) Present Legally.
2) Entered LEgally.
3) Work legally.
4) Pay their income taxes.
5) Pay their social security and medicare taxes even when there is no guarantee of the benefits of either until they actually become citizens.
6) Play by the rules, file petitions for work permits and for permenant residency.
Our goal is not the hurt or help the cause of illegals but to make sure that we dont get punished due to wrath against them. After all, we played by the rules and we wait in line by the rules. We dont need amnesty. We need fair deal.
I once again urge you all to channel your energy to immigrationvoice.org This is a non-profit established with goal of ending retrogression using the next immigration bill as a vehicle. Its folks like you and me Losing sleep over retrogression. People like us wondering "What wrong did I do to deserve another 5-6 years of H1B extensions". I am not asking you to put money upfront. It does not cost anything to enroll or join or volunteer. But pooling ideas is invaluable. Stop sulking. Act now.
(This article is also crossposted on immigrationportal.com. Eventually I am going to cease posting there and post exclusively here)
The article majorly deals with the politics of the immigration bill coming in Feb 2006 on both side of the aisle and people's opinion in general.
There is no mention of legal immigration. None. Nothing. NADA. ZIP.
Its all about illegal immigrants(mostly mexicans who jumped the fence on the southern border). And guess what?? Majority of America is against illegal immigration. And my fear is that the winds blowing against illegal kind of immigration will sweep us all in the same bundle and punish the LEGAL kind of immigration. Kind of like GUILT by association.
Here is a quote from washingtonpost.com(Most read inside Washington DC)
The Post-ABC News poll found that four in five Americans think the government is not doing enough to prevent illegal immigration, with three in five saying they strongly hold that view.
The same poll found that 56 percent of Americans believe that illegal immigrants have done more to hurt the country than to help it, with 37 percent saying they help the country. About three in five Republicans and a bare majority of Democrats agreed that illegal immigrants are detrimental to the country.
See the whole thing here : http://www.washingtonpost.com/wp-dyn/content/article/2006/01/02/AR2006010201376.html
My regtrogression brothers and sisters.....IF WE WANT TO END RETROGRESSION and end the H1B blackout WE HAVE GOT TO SEPARATE OURSELVES FROM THE ILLEGAL KIND and point out the congress and the general populace that there is another kind of immigration which is called ***TADA*** LEGAL IMMIGRATION. Its involves a process of granting permenant residence and citizenship to folks who are
1) Present Legally.
2) Entered LEgally.
3) Work legally.
4) Pay their income taxes.
5) Pay their social security and medicare taxes even when there is no guarantee of the benefits of either until they actually become citizens.
6) Play by the rules, file petitions for work permits and for permenant residency.
Our goal is not the hurt or help the cause of illegals but to make sure that we dont get punished due to wrath against them. After all, we played by the rules and we wait in line by the rules. We dont need amnesty. We need fair deal.
I once again urge you all to channel your energy to immigrationvoice.org This is a non-profit established with goal of ending retrogression using the next immigration bill as a vehicle. Its folks like you and me Losing sleep over retrogression. People like us wondering "What wrong did I do to deserve another 5-6 years of H1B extensions". I am not asking you to put money upfront. It does not cost anything to enroll or join or volunteer. But pooling ideas is invaluable. Stop sulking. Act now.
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pd_recapturing
03-10 08:59 AM
How does USCIS know about salary ? I understand that if they send rfe, we need to send the w-2 but does IRS also send the w2 information to USCIS? The other question is whats the criteria of judging the salary? Is it w-2 or pay stub ? My pay stub has been showing the correct salary but w-2 does not reflect that much since I was out of the work for quite sometime.
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STAmisha
11-14 02:17 PM
Got notification from lawyer that my RIR for LC got rejected. It is pending in Phily BEC with a PD of Oct 2003.
What does this mean? Kiss my LC good bye? Please explian
What does this mean? Kiss my LC good bye? Please explian
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number30
04-21 12:50 PM
Hello Everyone!
I need opinion on whether one can change location after labor is approved for one area.
Let�s assume one is working for company X in city A. Labor is approved (I-140 is filed) and company wants you to relocate to city B.
How does this impact GC process?
Do you have to start again?
Or one can carry PD from prior Labor?
Your inputs will be greatly appreciated. My husband and I are trying to decide the best strategy going forward since our latest fiasco with labor due to negligence on lawyer's part.
Best
In future(i.e. after getting green card) if your company has an intent to bring to back to same location and you are intending to original location you are fine.
Also AC-21 allows you to change the job and location.
I need opinion on whether one can change location after labor is approved for one area.
Let�s assume one is working for company X in city A. Labor is approved (I-140 is filed) and company wants you to relocate to city B.
How does this impact GC process?
Do you have to start again?
Or one can carry PD from prior Labor?
Your inputs will be greatly appreciated. My husband and I are trying to decide the best strategy going forward since our latest fiasco with labor due to negligence on lawyer's part.
Best
In future(i.e. after getting green card) if your company has an intent to bring to back to same location and you are intending to original location you are fine.
Also AC-21 allows you to change the job and location.
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kaisersose
04-16 02:29 PM
Hi Gurus,
I am on 9th year H1B extension.I filed I140/485 concurrently in June 2007 and on April 11th I got the denial email for I140.
No RFE/NOID received.
Here is my case.
PD May 2003, EB2, own labor. During Dec 06, the labor was converted from NON RIR to RIR and amended to accept BS+5 OR MS+3 to reflect the current state.
I-140/485/EAD/AP applied in June 2007, NSC and received EAD/AP and used AP recently. My H1B valid till Feb 2009.
After 5 stressful days finally today, we got the denial notice and it looks like USCIS assumed my Labor under EB3 classification and rejected my I140 where as the labor certificate is approved under EB2 classification. our attorney believes that its the result of an overlook by IO at the amedments made to the original labor.
Please let me know what options I have.
Thanks
GCWarrior
If your attorney is right, then you have nothing to worry about. An MTR will fix the problem.
I am on 9th year H1B extension.I filed I140/485 concurrently in June 2007 and on April 11th I got the denial email for I140.
No RFE/NOID received.
Here is my case.
PD May 2003, EB2, own labor. During Dec 06, the labor was converted from NON RIR to RIR and amended to accept BS+5 OR MS+3 to reflect the current state.
I-140/485/EAD/AP applied in June 2007, NSC and received EAD/AP and used AP recently. My H1B valid till Feb 2009.
After 5 stressful days finally today, we got the denial notice and it looks like USCIS assumed my Labor under EB3 classification and rejected my I140 where as the labor certificate is approved under EB2 classification. our attorney believes that its the result of an overlook by IO at the amedments made to the original labor.
Please let me know what options I have.
Thanks
GCWarrior
If your attorney is right, then you have nothing to worry about. An MTR will fix the problem.
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akhilmahajan
08-16 03:52 PM
I will like to suggest is, try to talk to them nicely and try to make them understand what they have talked to you before filing GC.
Otherwise u dont have any choice, definitely u cant risk being rude with them. They can still hurt you as they still have all the cards in their hand.
About the G328 form, i have read in other posts that for some companies HR have signed for the applicant.
It seems like every company has their own way of filling GC. I am sure u are not the first one who are filing GC through your company.
I hoep this helps.
Otherwise u dont have any choice, definitely u cant risk being rude with them. They can still hurt you as they still have all the cards in their hand.
About the G328 form, i have read in other posts that for some companies HR have signed for the applicant.
It seems like every company has their own way of filling GC. I am sure u are not the first one who are filing GC through your company.
I hoep this helps.
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IVFOREVER
03-27 03:49 PM
I will also agree with you "To be positive". But being realistically positive is good and avoids disappointment at the end of the day.
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Marphad
03-31 09:46 AM
Yahoooooooooooooo......We (Me and my wife) received welcome notice today . Our 485 is approved on 25 th March.
no updates online just received postal mail from USCIS today .
I guess end of long wait , been in country from 2001 .
I wish you all the best and hang in there if your PD is current you can expect the notice any time so keep checking your postal mail box .
FYI - I dont know if my back ground check is clear or not , I guess it is .
Congratulations!
no updates online just received postal mail from USCIS today .
I guess end of long wait , been in country from 2001 .
I wish you all the best and hang in there if your PD is current you can expect the notice any time so keep checking your postal mail box .
FYI - I dont know if my back ground check is clear or not , I guess it is .
Congratulations!
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wandmaker
04-04 01:52 PM
wandmaker, I understand that the 485 as it is filed now stands to be denied. But if I can get back on h4 and withdraw current 485 and refile new 485, then why would there be a issue? As I understand, 485 is to be filed while in valid status. It is not 'until' but 'while'.
Also, do you think Consular processing might be a better option instead of 485?
Your understanding is correct, you can refile 485 after you make a lawful entry using H4 and you will have check YES to the question "Have you ever before applied for permanent resident status in the US?" and need to write details..... Get opinions from more than one attorney - thats my 2 cents.
Also, do you think Consular processing might be a better option instead of 485?
Your understanding is correct, you can refile 485 after you make a lawful entry using H4 and you will have check YES to the question "Have you ever before applied for permanent resident status in the US?" and need to write details..... Get opinions from more than one attorney - thats my 2 cents.
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like_watching_paint_dry
02-27 07:43 AM
Congrats!! And 6 months more of working for a bad employer is a small price to pay in the big picture. And there are lots of creative ways to kill 180 days. Cut your productivity and actively engage in finding a good job... take paternity vacations etc.
EB3June03
06-25 06:47 PM
So after going through the medical and knowing that i will have a positive PPD (due to my history of positive PPD), and having clear X Ray results - the civil surgeon said you need to treatment for TB. I was surprised to hear it and as I had read from the CDC website and read the instructions - I saw the Treatment is Recommended - NOT Required and it also mentioned that the doctor should sign Part 5 and the applicant is clear for USCIS purposes and explain to the applicant the implications and recommend going for Evaluation to the health department.
I showed the points to the doctor but he did NOT want to sign it without any entry in the part 3 and part 4 - which from what i read is for those that are going to REQUIRE treatment.
Reference :- 2008 Tuberculosis Technical Instructions for Civil Surgeons | CDC DGMQ (http://www.cdc.gov/ncidod/dq/civil_tb_ti_2008.htm)
View Page 6 of FAQ booklet: http://www.cdc.gov/ncidod/dq/pdf/civil_surgeons_faq.pdf
17. Should Part 3 of Form I-693 be completed when the civil surgeon is referring the applicant for evaluation for treatment of Latent TB Infection (LTBI)?
The 2008 TB TIs recommend that civil surgeons refer applicants with “Class B—Latent TB Infection Needing Evaluation for Treatment (LTBI)” to the TB Control Program of the local health department. The referral for evaluation for treatment of LTBI is recommended, not required. Part 3 of Form I-693 should be used only for required referrals, therefore the civil surgeon should not complete Part 3 of Form I-693 when making this referral. It follows that the health department is not required to complete Part 4 of Form I-693 after evaluation for treatment of LTBI is completed or after treatment for LTBI is completed. Please see question 18 for related information
Did any of you folks run into similar situation?
I showed the points to the doctor but he did NOT want to sign it without any entry in the part 3 and part 4 - which from what i read is for those that are going to REQUIRE treatment.
Reference :- 2008 Tuberculosis Technical Instructions for Civil Surgeons | CDC DGMQ (http://www.cdc.gov/ncidod/dq/civil_tb_ti_2008.htm)
View Page 6 of FAQ booklet: http://www.cdc.gov/ncidod/dq/pdf/civil_surgeons_faq.pdf
17. Should Part 3 of Form I-693 be completed when the civil surgeon is referring the applicant for evaluation for treatment of Latent TB Infection (LTBI)?
The 2008 TB TIs recommend that civil surgeons refer applicants with “Class B—Latent TB Infection Needing Evaluation for Treatment (LTBI)” to the TB Control Program of the local health department. The referral for evaluation for treatment of LTBI is recommended, not required. Part 3 of Form I-693 should be used only for required referrals, therefore the civil surgeon should not complete Part 3 of Form I-693 when making this referral. It follows that the health department is not required to complete Part 4 of Form I-693 after evaluation for treatment of LTBI is completed or after treatment for LTBI is completed. Please see question 18 for related information
Did any of you folks run into similar situation?
camarasa
07-08 10:08 PM
Stueym I posted this response to your video.
Well you answered your question in your own video - your family are legal immigrants who by your own admission pay taxes (as you should do) � whereas illegal immigrants don�t pay taxes for fear of being caught. The government thinks it�s best to make them legal quicker so they feel safe to pay taxes like everyone else� go figure?
Well you answered your question in your own video - your family are legal immigrants who by your own admission pay taxes (as you should do) � whereas illegal immigrants don�t pay taxes for fear of being caught. The government thinks it�s best to make them legal quicker so they feel safe to pay taxes like everyone else� go figure?
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