bhasky25
10-11 01:06 PM
Thank you for responding,
I had changed jobs under AC21 provisions ( changed almost after 500 days of filing 485) and preferred to maintain my H1B as I did not want to get into the complications of renewing EAD and AP and also my wife goes to school here and it was safer for her to be on H1b rather than EAD or F1. I am just not comfortable with renewal process of EAD and AP. I have my H1B visa stamped... so now, I can travel at my will instead of worrying about what will happen at port of entry as I have a stable job and H1B stamped.
I want to know if I will still be eligible for H1B renewal(based on approved 140) even after my 140 being revoked. I do have a copy of my 140 approval.
I had changed jobs under AC21 provisions ( changed almost after 500 days of filing 485) and preferred to maintain my H1B as I did not want to get into the complications of renewing EAD and AP and also my wife goes to school here and it was safer for her to be on H1b rather than EAD or F1. I am just not comfortable with renewal process of EAD and AP. I have my H1B visa stamped... so now, I can travel at my will instead of worrying about what will happen at port of entry as I have a stable job and H1B stamped.
I want to know if I will still be eligible for H1B renewal(based on approved 140) even after my 140 being revoked. I do have a copy of my 140 approval.
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greencardfever5
08-23 07:56 PM
I am working as an industrial engineer since 2006. My labor certification approved in 2006 mentioned job title of industrial engineer (SOC Code- 17:2112), My I485 is pending since 2007, I have also kept H1B status alive, six years will expire in dec however current I-797 for H1B is valid till June 2011.
I may get promoted to an engineering manager position in next few weeks. I have few questions related �Promotion while I485 pending issue�.
1. Is the change from engineer to engineering manager allowed? If I guess correctly USCIS will take guidance from SOC codes 17:2112 (ENGINEER) and 11.9041(for manager)
a. Can one work as an engineer (SOC code 17:2112) and supervise junior engineers. Does USCIS assume that a person is a manager if engineers are reporting to an individual? On the other hand in some cases I have seen managers without anybody reporting to them.
2. If I can fulfill my employer�s expectation by accepting ENGINEER V position instead of engineering manager, will that be an option? (Few engineers will be reporting to me in either option).
a. I am positive that I will be able to fulfill my boss�s expectations in either position.
b. Can I accept the promotion immediately or employer will have to seek some sort of approval from USCIS?
3. If for some reason, employer can not give me a job title of Engineering V, Can I accept Engineering Manager�s position till my I-485 is pending and go back to Engineer V position upon I-485 approval, I read that in such cases, one needs to go back to original position mentioned in labor certification I-140 for six months upon I-485 approval? In this case how we will handle extension of my H1B petition which expires in 2011?
4. Can I accept position of Engineering Manager assuming that employer will issue an employment verification letter with a description similar to labor certification (if USCIS issues RFE for any other underlying reason)?
5. If for some reasons above options are ruled out, Can I accept promotion as a Manager assuming employer can submit new I-140 ( I guess this will be starting green card process all over) .Definitely this is the least preferred option considering current processing time and relative ease in searching a job for my wife ( through EAD).
In this case
a. What will be the priority date?
b. Can I and my spouse maintain the EAD card?
6. As the I485 is for future job, Can I work at engineering manager position till I receive RFE or I485 is approved
a. In case of RFE USCIS typically gives 15 to 45 days to respond, Can I change my position during that time i.e. switching back to the position mentioned in labor and I485
b. Upon I485 approval, can I go back to original position for few months (how much is that required period, is it six months?). I might have to take salary cut in the case; can I informally lead the team in that case?
c. I guess my interpretation is that what you do when I485 is pending does not matter as long as you switch back to the original position upon I485 approval.
Thanking you in anticipation.
I may get promoted to an engineering manager position in next few weeks. I have few questions related �Promotion while I485 pending issue�.
1. Is the change from engineer to engineering manager allowed? If I guess correctly USCIS will take guidance from SOC codes 17:2112 (ENGINEER) and 11.9041(for manager)
a. Can one work as an engineer (SOC code 17:2112) and supervise junior engineers. Does USCIS assume that a person is a manager if engineers are reporting to an individual? On the other hand in some cases I have seen managers without anybody reporting to them.
2. If I can fulfill my employer�s expectation by accepting ENGINEER V position instead of engineering manager, will that be an option? (Few engineers will be reporting to me in either option).
a. I am positive that I will be able to fulfill my boss�s expectations in either position.
b. Can I accept the promotion immediately or employer will have to seek some sort of approval from USCIS?
3. If for some reason, employer can not give me a job title of Engineering V, Can I accept Engineering Manager�s position till my I-485 is pending and go back to Engineer V position upon I-485 approval, I read that in such cases, one needs to go back to original position mentioned in labor certification I-140 for six months upon I-485 approval? In this case how we will handle extension of my H1B petition which expires in 2011?
4. Can I accept position of Engineering Manager assuming that employer will issue an employment verification letter with a description similar to labor certification (if USCIS issues RFE for any other underlying reason)?
5. If for some reasons above options are ruled out, Can I accept promotion as a Manager assuming employer can submit new I-140 ( I guess this will be starting green card process all over) .Definitely this is the least preferred option considering current processing time and relative ease in searching a job for my wife ( through EAD).
In this case
a. What will be the priority date?
b. Can I and my spouse maintain the EAD card?
6. As the I485 is for future job, Can I work at engineering manager position till I receive RFE or I485 is approved
a. In case of RFE USCIS typically gives 15 to 45 days to respond, Can I change my position during that time i.e. switching back to the position mentioned in labor and I485
b. Upon I485 approval, can I go back to original position for few months (how much is that required period, is it six months?). I might have to take salary cut in the case; can I informally lead the team in that case?
c. I guess my interpretation is that what you do when I485 is pending does not matter as long as you switch back to the original position upon I485 approval.
Thanking you in anticipation.
glus
07-18 07:30 PM
Hi Gurus,
I filed my 485 application on July 2nd. But my employer/lawyer did not attach the employment verification letter in the package. Is USCIS going to reject my application because of that or they will send an RFE. Please advise..
OK, not to scare anyone, but per recent uscis update, all applications must be submitted with initial evidence in it. This announcement was effective starting on Jun18t. In I485, the employment letter is part of initial evidence. As per new rules, an IO can deny any application without RFE if the initial evidence is missing.
See this document, and read part "initial evidence requirements" paragraph 2 which sates an application can be denied withou RFE if initial evidence is missing.
File direct from the USCIS site
http://www.uscis.gov/files/pressrelease/RFEFinalRule060107.pdf
My attorney was very thorough and prepared the initial evidence well.
I filed my 485 application on July 2nd. But my employer/lawyer did not attach the employment verification letter in the package. Is USCIS going to reject my application because of that or they will send an RFE. Please advise..
OK, not to scare anyone, but per recent uscis update, all applications must be submitted with initial evidence in it. This announcement was effective starting on Jun18t. In I485, the employment letter is part of initial evidence. As per new rules, an IO can deny any application without RFE if the initial evidence is missing.
See this document, and read part "initial evidence requirements" paragraph 2 which sates an application can be denied withou RFE if initial evidence is missing.
File direct from the USCIS site
http://www.uscis.gov/files/pressrelease/RFEFinalRule060107.pdf
My attorney was very thorough and prepared the initial evidence well.
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jsb
02-11 10:28 AM
i lostmy legal in 2002 (b2). during 2003 i won gc lottery . we did al paper work till last step.my lawyer toll me dont go couse deportation. In 2005 my employer apply gc for me (em3) In April 2006 I-140 aproved.now we waiting for priority date..
My question to you .. my lottery case priority date can be use for my eb3 case?
If you won a GC lottery, which many of us didn't, what is the problem. Didn't GC lottery supposed to get you a GC? Why did you need your employer to sponsor you again if you already won a GC lottery? We are puzzled.
My question to you .. my lottery case priority date can be use for my eb3 case?
If you won a GC lottery, which many of us didn't, what is the problem. Didn't GC lottery supposed to get you a GC? Why did you need your employer to sponsor you again if you already won a GC lottery? We are puzzled.
more...
cal_dood
12-18 04:26 PM
As the cruises stop for less than 24 hrs, you may not need a mexico visa. I'm not applying for one...worst case probably is I cannot disembark in cozumel.
I called Carnival, the CSR mentioned that I only need a passport and a US visa. However, their website says check with the country's embassy for immigration documents. I guess I will err on the side of caution and get Mexican tourist visa.
I called Carnival, the CSR mentioned that I only need a passport and a US visa. However, their website says check with the country's embassy for immigration documents. I guess I will err on the side of caution and get Mexican tourist visa.
GCApplicant001
10-12 11:47 PM
friends,
Today i recieved transfer notice from CSC to TSC but no reciept notice yet. Am i going to recieve reciept notice also?
I485 filled on July 31, 2007
Today i recieved transfer notice from CSC to TSC but no reciept notice yet. Am i going to recieve reciept notice also?
I485 filled on July 31, 2007
more...
lazycis
02-13 05:27 PM
If you want IV (immigrant visa), help IV (Immigration Voice)
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mantagon
07-16 08:23 AM
You can still work on EAD and maintain your H4 as long as you do not go out of the country. If you go out and enter on AP, then you switch back to AOS, no reporting to USCIS is necessary. But if you can still file I-539 and switch back to H4 again.
But on H4 you can still work on EAD, while maintaining your H4 status.
I would ask everyone , pls be careful while responding to someone's querry. And the person asking should also consult a lawyer. In this case, since I am in the same boat, and the advice came from the lawyer. I just got my spouse H4 extended for another 3 years, the after 6 years extension, while she is working on her EAD.
That does not make sense! Peaople on H4 are not allowed to work, period! Thats how the Visa category is defined. Now, how will one on H4 to work? Enter EAD! So, while EAD allows him/her to work, it changes the Visa status (be it H1 or H4) to AOS. It does not matter if you travel outside or not.
I do not know how you extended your spouse's H4 with the help of the attorney. It is an error on USCIS part, may be because you (or your spouse's employer) have not notified the USCIS about your spouse using the EAD for employment.
But on H4 you can still work on EAD, while maintaining your H4 status.
I would ask everyone , pls be careful while responding to someone's querry. And the person asking should also consult a lawyer. In this case, since I am in the same boat, and the advice came from the lawyer. I just got my spouse H4 extended for another 3 years, the after 6 years extension, while she is working on her EAD.
That does not make sense! Peaople on H4 are not allowed to work, period! Thats how the Visa category is defined. Now, how will one on H4 to work? Enter EAD! So, while EAD allows him/her to work, it changes the Visa status (be it H1 or H4) to AOS. It does not matter if you travel outside or not.
I do not know how you extended your spouse's H4 with the help of the attorney. It is an error on USCIS part, may be because you (or your spouse's employer) have not notified the USCIS about your spouse using the EAD for employment.
more...
DSLStart
07-29 11:16 AM
No contact with old attorney since I changed job. Do you see any chance of our PD becoming current for next month, hence this activity?
I too got the same two mails. First mail on 20 th and last mail on 22 nd.Mine is approved from Texas on JAN 2006.My PD is Nov 2005,but I used only PD to apply I-485.My current AOS is from another company.Did you or your lawyer get any postal mail?
I too got the same two mails. First mail on 20 th and last mail on 22 nd.Mine is approved from Texas on JAN 2006.My PD is Nov 2005,but I used only PD to apply I-485.My current AOS is from another company.Did you or your lawyer get any postal mail?
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larmani
04-29 01:02 PM
If you are the derivative how can they check your salary with your spouse's LCA requirements. I think you will be fine. Check with your lawyer. If you want you can switch to EAD anytime. But once you lose H1 you cannot getback on H1.
more...
zCool
03-21 12:20 AM
I think relevent part here is Q 1.
Question 1. How should service centers or district offices process unapproved I-140
petitions that were concurrently filed with I-485 applications that have been pending
180 days in relation to the I-140 portability provisions under �106(c) of AC21?
Answer: If it is discovered that a beneficiary has ported off of an unapproved I-140 and I-485 that has
been pending for 180 days or more, the following procedures should be applied:
A. Review the pending I-140 petition to determine if the preponderance of the evidence
establishes that the case is approvable or would have been approvable had it been adjudicated
within 180 days. If the petition is approvable but for an ability to pay issue or any other issue
relating to a time after the filing of the petition, approve the petition on it�s merits. Then
adjudicate the adjustment of status application to determine if the new position is the same or
similar occupational classification for I-140 portability purposes.
B. If a request for additional evidence (RFE) is necessary to resolve a material issue, other than
post-filing issues such as ability to pay, an RFE can be issued to try to resolve the issue. When a
response is received, and if the petition is approvable, follow the procedures in part A above.
Interim guidance for processing I-140 employment-based immigrant petitions and I-485 and H-1B petitions affected
by the American Competitiveness in the Twenty-First Century Act of 2000 (AC21) (Public Law 106-313)
--------------------------
If that isn't risky.. I think you are all set for that week-end bungy jump from golden gate bridge!
Question 1. How should service centers or district offices process unapproved I-140
petitions that were concurrently filed with I-485 applications that have been pending
180 days in relation to the I-140 portability provisions under �106(c) of AC21?
Answer: If it is discovered that a beneficiary has ported off of an unapproved I-140 and I-485 that has
been pending for 180 days or more, the following procedures should be applied:
A. Review the pending I-140 petition to determine if the preponderance of the evidence
establishes that the case is approvable or would have been approvable had it been adjudicated
within 180 days. If the petition is approvable but for an ability to pay issue or any other issue
relating to a time after the filing of the petition, approve the petition on it�s merits. Then
adjudicate the adjustment of status application to determine if the new position is the same or
similar occupational classification for I-140 portability purposes.
B. If a request for additional evidence (RFE) is necessary to resolve a material issue, other than
post-filing issues such as ability to pay, an RFE can be issued to try to resolve the issue. When a
response is received, and if the petition is approvable, follow the procedures in part A above.
Interim guidance for processing I-140 employment-based immigrant petitions and I-485 and H-1B petitions affected
by the American Competitiveness in the Twenty-First Century Act of 2000 (AC21) (Public Law 106-313)
--------------------------
If that isn't risky.. I think you are all set for that week-end bungy jump from golden gate bridge!
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maine_gc
04-21 08:51 AM
I recently renewed our passports at Indian Embassy, Washington D.C . I sent 2"X2" size photographs and there was no problem in passport renewal.
How long did it take for you to renew the passport. My appointment date is on Apr 03 and they received my documents on March 31st. I did not get the passport yet. Do you have a number to call them. I called all the numbers listed on the website and no one answers.
How long did it take for you to renew the passport. My appointment date is on Apr 03 and they received my documents on March 31st. I did not get the passport yet. Do you have a number to call them. I called all the numbers listed on the website and no one answers.
more...
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anilsal
06-17 12:09 AM
Start off your infopass with the following question.
I am really desperate....would you help me, pretty please? ........
And then proceed with the other questions you have on your list.
After you are done with all your questions and assuming USCIS hasn't kicked you out of their office, make it clear that you want USCIS to look at your application before others ahead of you in the queue. If they don't, "you will be back" for another infopass.
If you have no intention of answering the questions, then no one is forcing you to do.:p
Making a mockery of a person's anxiety does not really show well on your personality.:cool:
It is his right to take info pass appointments to know more about his case. If it helps him sleep at nights, then that is a good remedy.
Ideally, the fix for this is legislative action that is being driven by IV leadership.
I am really desperate....would you help me, pretty please? ........
And then proceed with the other questions you have on your list.
After you are done with all your questions and assuming USCIS hasn't kicked you out of their office, make it clear that you want USCIS to look at your application before others ahead of you in the queue. If they don't, "you will be back" for another infopass.
If you have no intention of answering the questions, then no one is forcing you to do.:p
Making a mockery of a person's anxiety does not really show well on your personality.:cool:
It is his right to take info pass appointments to know more about his case. If it helps him sleep at nights, then that is a good remedy.
Ideally, the fix for this is legislative action that is being driven by IV leadership.
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dtekkedil
07-02 11:34 PM
I can do it...
We need to spread the word!
I would love to send this as the message - Suggested by one of our own - "prashant"
Message: ALLTHE BEST FOR FUTURE EB VISA ESTIMATES
Truly,
A victim of revised visa bulletin
But we need something that sounds a little more genuine. A bit more mature?
Any suggestions?
We need to spread the word!
I would love to send this as the message - Suggested by one of our own - "prashant"
Message: ALLTHE BEST FOR FUTURE EB VISA ESTIMATES
Truly,
A victim of revised visa bulletin
But we need something that sounds a little more genuine. A bit more mature?
Any suggestions?
more...
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samuel5028
04-11 02:48 AM
You should apply neither Fiance visa (K1) or Tourist visa (B2) I guess that is the best and fastest way as far as I know.
Why he wants to apply for fiance visa? Is that his problem? did you read his situation?
Why he wants to apply for fiance visa? Is that his problem? did you read his situation?
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xu1
09-12 07:08 PM
-----------
I am not very sure about this, but I would assume if you are not working and not getting paid, you are out of status.
You have to be on a payroll to maintain your status.
This needs probably more insight..
I don't think that was necessarily true.. An H1b woman on maternity leave, even if unpaid, is legal in status. At least that's what the lawyer advised my wife.
Please ask your (company's) lawyear..
I am not very sure about this, but I would assume if you are not working and not getting paid, you are out of status.
You have to be on a payroll to maintain your status.
This needs probably more insight..
I don't think that was necessarily true.. An H1b woman on maternity leave, even if unpaid, is legal in status. At least that's what the lawyer advised my wife.
Please ask your (company's) lawyear..
more...
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chanduv23
12-24 09:13 AM
Congratulations to IV and its great leaders.
Congratulations to all the members for holding this fortress.
Congratulations to all the selfless volunteers who have dedicated time, skill, effort and money on IV.
We must also congratulate Anti immgrants, Dormant members, Freeloaders, people with no faith in hard/good work because you help in making the organization stronger day by day.
Congratulations to all the members for holding this fortress.
Congratulations to all the selfless volunteers who have dedicated time, skill, effort and money on IV.
We must also congratulate Anti immgrants, Dormant members, Freeloaders, people with no faith in hard/good work because you help in making the organization stronger day by day.
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ramaa
06-21 01:05 PM
I have Old EB3 Labor and I-140 approved with PD 2003. I changed my employer and ready to file I-140, would like to port the PD from my old I-140. Could you tell me what steps I need to take care so that porting will be done by USCIS. Job Titles do not match, however description and salary are same.
Thanking you in advance.
Thanking you in advance.
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amohale
03-12 07:52 PM
Anyone, please respond to my questions below.......... it will be a great help......
H1B-GC
06-25 09:54 AM
This is not correct.
Managing the business comes under employment authorization whether or not salary is drawn by the owner.
_________________
Not a legal advice.
D...3933,
A Different question. Do we need to file FBAR if anyone has more than 10K USD in foreign accounts?
Below are the links that might be of interest. a discussion is going on i other immigration forum.
FAQs Regarding Report of Foreign Bank and Financial Accounts (FBAR) - Filing Requirements (http://www.irs.gov/businesses/small/article/0,,id=210244,00.html)
US Taxes on NRE accounts in India (http://www.r2iclubforums.com/forums/showthread.php/12601-US-Taxes-on-NRE-accounts-in-India)
Thanks for your thoughts on this!!
Managing the business comes under employment authorization whether or not salary is drawn by the owner.
_________________
Not a legal advice.
D...3933,
A Different question. Do we need to file FBAR if anyone has more than 10K USD in foreign accounts?
Below are the links that might be of interest. a discussion is going on i other immigration forum.
FAQs Regarding Report of Foreign Bank and Financial Accounts (FBAR) - Filing Requirements (http://www.irs.gov/businesses/small/article/0,,id=210244,00.html)
US Taxes on NRE accounts in India (http://www.r2iclubforums.com/forums/showthread.php/12601-US-Taxes-on-NRE-accounts-in-India)
Thanks for your thoughts on this!!
glamzon
07-20 05:01 PM
No Clue... on this topic ..sorry
