i_have_a_dream
08-10 11:21 AM
I currently work in a big IT consulting firm (company A) thru H1. My uncle owns a very small (less than 100 ppl) consulting shop (company B). I want to join his company, but i dont want to transfer my h1 since B is small and there is lot more job stability in company A. So B is willing to sponsor future employment GC for me.
I will be joining company B in the same job desc as im working in company A. As it looks right now, I might have to take a small cut in salary to join company B, however im sure that salary difference will be a lot more once it gets to the 485 stages.
What do you think are the risks as compared to having a GC sponsored through a company where u already hold a H1? I understand that my intention to join might become an issue because of the salary issue, but wouldn't that be the case even if i filed for Company A, since company A would file a LC based on current wage and by the time of 485, I will be making a lot more.
I will be joining company B in the same job desc as im working in company A. As it looks right now, I might have to take a small cut in salary to join company B, however im sure that salary difference will be a lot more once it gets to the 485 stages.
What do you think are the risks as compared to having a GC sponsored through a company where u already hold a H1? I understand that my intention to join might become an issue because of the salary issue, but wouldn't that be the case even if i filed for Company A, since company A would file a LC based on current wage and by the time of 485, I will be making a lot more.
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gc28262
03-09 06:14 PM
Gurus,
My lawyer received Ability to Pay rfe on my I-140. My lawyer is ready with most of the documents
Duration to be covered
2004-2008
My docs ready for the duration:
W2s ( 2004 - 2008)
Tax returns ( 2004 - 2007)
Paystubs ( recent )
Company docs ready:
Tax returns: 2004 - 2007
However for year 2008, company has requested IRS an extension to file tax return.Company is trying to come up with audited financial statement for year 2008. They are still working on it.
However deadline for filing RFE response is this Wednesday ( 03/11/2009)
My questions:
1. Can my lawyer ask for an extension for filing RFE response in this scenario ?
2. Are there any alternatives if my company cannot come up with audited financial statements in this time frame ?
I appreciate your inputs.
My lawyer received Ability to Pay rfe on my I-140. My lawyer is ready with most of the documents
Duration to be covered
2004-2008
My docs ready for the duration:
W2s ( 2004 - 2008)
Tax returns ( 2004 - 2007)
Paystubs ( recent )
Company docs ready:
Tax returns: 2004 - 2007
However for year 2008, company has requested IRS an extension to file tax return.Company is trying to come up with audited financial statement for year 2008. They are still working on it.
However deadline for filing RFE response is this Wednesday ( 03/11/2009)
My questions:
1. Can my lawyer ask for an extension for filing RFE response in this scenario ?
2. Are there any alternatives if my company cannot come up with audited financial statements in this time frame ?
I appreciate your inputs.
MOONNLIGHT
12-09 06:22 PM
I was born in Bangladesh and during my childhood I moved to India. In all my documents like school leaving certificate and Indian passport, the birth place is mentioned as India. I do not have any birth certificate either from Bangladesh or India and my plan is to use affidavit and non-availability certificate in lieu of birth certificate issued from municipality or other authorized body. In my entire US visa processing documents and petitions like H1B, I-140 etc. my birth places is mentioned as India. Can I still claim Bangladesh as the chargeable country for the purpose of visa allocation during the I-485 stage? If I claim Bangladesh to be my country of birth, will this be viewed as if I have provided wrong information in my earlier petitions? What could be other consequences?
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perm2gc
10-24 11:10 AM
I am planning to file Labor in EB2. My Attorney sent job requirement which needs Master's + 1 year experience. But my current salary is almost 20k less than prevailing wage (level 4) for senior software engineer. But currently my salary equivalent to wage level 2.
I think i may get query at i140 , But Lawyer suggested Employer would need to be able to demonstrate their ability to pay the difference between actual salary and the prevailing wage at the time of the I-140 filing .
I am unable to get clear picture on wage levels. If i mention Level 2 , will this qualify for EB2?
Any suggestions on this.
Thx
You should be drawing enough pay check to file under EB2 as of prevaling wage.Becareful..lot of screening is going on in PERM..
goto dol website and you can determine which level you belong to...
I think i may get query at i140 , But Lawyer suggested Employer would need to be able to demonstrate their ability to pay the difference between actual salary and the prevailing wage at the time of the I-140 filing .
I am unable to get clear picture on wage levels. If i mention Level 2 , will this qualify for EB2?
Any suggestions on this.
Thx
You should be drawing enough pay check to file under EB2 as of prevaling wage.Becareful..lot of screening is going on in PERM..
goto dol website and you can determine which level you belong to...
more...
sr1973
07-23 12:10 AM
All,
Now that Aug is coming up, please post all the 485 LUDs that you have been seeing after 07/18/2008. This will help us getting the pattern, in case USCIS shall auto order the Card production.
Now that Aug is coming up, please post all the 485 LUDs that you have been seeing after 07/18/2008. This will help us getting the pattern, in case USCIS shall auto order the Card production.
visves
02-20 07:43 AM
No. If that were possible, I am sure even the 2010 quota would have gotten 65,000 applications by now!
Can we send the application early, like one week in advance ?
Can we send the application early, like one week in advance ?
more...
gg_ny
10-18 10:46 AM
Hi,
I anticipate an inevitable situation arising out regarding my parents' health, that would require us to move back to India sometime in 2007. My EB2 NIW PD is Dec 2004. Does somebody out there with knowledge about issues and procedures connected with transferring from AOS application to Consular processing in India?
Thanks.
-gg_ny
I anticipate an inevitable situation arising out regarding my parents' health, that would require us to move back to India sometime in 2007. My EB2 NIW PD is Dec 2004. Does somebody out there with knowledge about issues and procedures connected with transferring from AOS application to Consular processing in India?
Thanks.
-gg_ny
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loku
08-16 08:04 PM
I was on H-1 and got laid off on July 23. I filed for COS to H4 online on the same day and got the electronic receipt the same day. As I had filed I-539 after work hours, the receipt shows that USCIS received my application on July 26 instead of 23. I got the paper receipt in next 3 days. I hope this will not create any problems as my employer sent notification to USCIS on July 31 and I received my last paystub on July 31 though it was only till July 23. I have been working in US with good status for last 5 years.
Now I have some questions. Any help is greatly appreciated:
1) I recently got two Job offers from different consulting firms. When I told them that my H4 status is still pending, their attorneys told me conflicting things.
- One employer's attorney said that I have to wait till my H4 is approved and only then they could apply for my H1. At this time I have not status and they cannot file my H1.
- The other employer's attorney said that I could apply for H1 while my H4 is still pending by giving pending petition reference in the new H1 application. This will let USCIS adjudicate both the pending status together and there will be no problem for my H1.
Which one of them is correct ? What are the risks involved if I go with the advice of second attorney? Is there a possibility that filing H1 increases the chances the both my H4 and H1 applications are rejected and I could be OOS ?
2) Second question is that the second employer wants me to start immediately after I get H1 receipt. Am I eligible to work on a receipt with my situation or do I need to wait for the complete approval ? What if I get an RFE ? As this is a consulting firm, they have work order from end client for only 3 months and it will be renewed after every 3 months. Will this 3 month work order will create any problems ?
3) What is my current status ? Will the current time while H4 is pending will be counted against H1 or H4 ? As I have only a little over year left in my H1, it is important for me to know how much valid time I have left for H1. This processing time could go in months if I get an RFE.
Bookmark and Share
Now I have some questions. Any help is greatly appreciated:
1) I recently got two Job offers from different consulting firms. When I told them that my H4 status is still pending, their attorneys told me conflicting things.
- One employer's attorney said that I have to wait till my H4 is approved and only then they could apply for my H1. At this time I have not status and they cannot file my H1.
- The other employer's attorney said that I could apply for H1 while my H4 is still pending by giving pending petition reference in the new H1 application. This will let USCIS adjudicate both the pending status together and there will be no problem for my H1.
Which one of them is correct ? What are the risks involved if I go with the advice of second attorney? Is there a possibility that filing H1 increases the chances the both my H4 and H1 applications are rejected and I could be OOS ?
2) Second question is that the second employer wants me to start immediately after I get H1 receipt. Am I eligible to work on a receipt with my situation or do I need to wait for the complete approval ? What if I get an RFE ? As this is a consulting firm, they have work order from end client for only 3 months and it will be renewed after every 3 months. Will this 3 month work order will create any problems ?
3) What is my current status ? Will the current time while H4 is pending will be counted against H1 or H4 ? As I have only a little over year left in my H1, it is important for me to know how much valid time I have left for H1. This processing time could go in months if I get an RFE.
Bookmark and Share
more...
interfile
08-19 04:07 PM
Is it possible to convert or interfile an existing EB based I-485 application to FB based I-485?
I have pending I-485 through an approved I-140 (EB). PD is not current. I recently got married and my spouse is a US Citizen. We are considering pursueing FB application. Reading through the forums I gather that my spouse has to file I-130 and I file for I-485. My question is regarding I-485.
If I have to file for a new I-485, what happens to the existing one? Do I have to get new medical exam? Can I use existing AP, EAD or can I use EAD/AP that I currently have from my EB based application?
If an interfiling is possible, when should this be done - concurrently along with I-130 filing or we have to wait till I-130 is approved? Also what is the procedure for "interfiling"?
Which option is better?
I have pending I-485 through an approved I-140 (EB). PD is not current. I recently got married and my spouse is a US Citizen. We are considering pursueing FB application. Reading through the forums I gather that my spouse has to file I-130 and I file for I-485. My question is regarding I-485.
If I have to file for a new I-485, what happens to the existing one? Do I have to get new medical exam? Can I use existing AP, EAD or can I use EAD/AP that I currently have from my EB based application?
If an interfiling is possible, when should this be done - concurrently along with I-130 filing or we have to wait till I-130 is approved? Also what is the procedure for "interfiling"?
Which option is better?
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uma001
11-18 10:31 AM
That's a good sign for folks who wants to file green card next year and could not file this year becos of bad labor market
The most recent update from the USCIS is showing again a steady approval rate. The jump we saw in October was just due to a more current update of the approval, nit an increase in filing according to the USCIS. If this pace will continue we will see visas all through early 2010, but I may be wrong here...
Ao here is is the update from USCIS: As of November 6, 2009, approximately 54,700 H-1B (http://www.h1b.biz/lawyer-attorney-1137085.html) cap-subject petitions had been filed. USCIS has approved sufficient H1-B petitions for aliens with advanced degrees to meet the exemption of 20,000 from the fiscal year 2010 cap. Any H1-B petitions filed on behalf of an alien with an advanced degree will now count toward the general H1-B cap of 65,000. USCIS will continue to accept both cap-subject petitions and advanced degree petitions until a sufficient number of H-1B petitions have been received to reach the statutory limits, taking into account the fact that some of these petitions may be denied, revoked, or withdrawn.
More... (http://www.visalawyerblog.com/2009/11/h1b_visa_cap_update_november_1.html)
The most recent update from the USCIS is showing again a steady approval rate. The jump we saw in October was just due to a more current update of the approval, nit an increase in filing according to the USCIS. If this pace will continue we will see visas all through early 2010, but I may be wrong here...
Ao here is is the update from USCIS: As of November 6, 2009, approximately 54,700 H-1B (http://www.h1b.biz/lawyer-attorney-1137085.html) cap-subject petitions had been filed. USCIS has approved sufficient H1-B petitions for aliens with advanced degrees to meet the exemption of 20,000 from the fiscal year 2010 cap. Any H1-B petitions filed on behalf of an alien with an advanced degree will now count toward the general H1-B cap of 65,000. USCIS will continue to accept both cap-subject petitions and advanced degree petitions until a sufficient number of H-1B petitions have been received to reach the statutory limits, taking into account the fact that some of these petitions may be denied, revoked, or withdrawn.
More... (http://www.visalawyerblog.com/2009/11/h1b_visa_cap_update_november_1.html)
more...
sagittarian
05-08 04:07 PM
Folks,
I will get my H1B this October. How long should I stick with the same company before transferring? I read somewhere that I should stick with them for atleast 3 months after Oct 1st. Is this true?
I will get my H1B this October. How long should I stick with the same company before transferring? I read somewhere that I should stick with them for atleast 3 months after Oct 1st. Is this true?
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LONGGCQUE
02-03 10:01 AM
Thanks for your sharing your experience. Thats my understanding too.
more...
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la6470
08-30 02:40 PM
Hi:
I have H1b renewed on the basis of pending AOS application (EB3 june04) till 2012 and also ead/ap based on my spouse's AOS application. I am going to India on a vacation soon for a month or two. Recently I have heard many horror stories that even stamped H1B is getting rejected in POE. My question is that if something like that happen to me at the POE can I invoke my unused EAD/AP and request entry based on that? The reason I don't want to simply go back is because I have a house here in USA and a mortgage that I continue to be paying to keep the house.
Thanks
la6470
I have H1b renewed on the basis of pending AOS application (EB3 june04) till 2012 and also ead/ap based on my spouse's AOS application. I am going to India on a vacation soon for a month or two. Recently I have heard many horror stories that even stamped H1B is getting rejected in POE. My question is that if something like that happen to me at the POE can I invoke my unused EAD/AP and request entry based on that? The reason I don't want to simply go back is because I have a house here in USA and a mortgage that I continue to be paying to keep the house.
Thanks
la6470
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hibworker
05-23 11:25 AM
I got EAD on February 2008 with my primary GC employer. My PD is just 4 months away and I got a job offer in a big company which I cannot afford to loose.
The the job duties in my new job remain the same but I am worried to change job during this time when PDs are jumping very fast. The max I can delay the joining my new employer cannot be more than a 1 month. Please suggest the best approach...
The best approach is to go ahead and change the job. What are you worried about? File AC 21 via new company's lawyer.
The the job duties in my new job remain the same but I am worried to change job during this time when PDs are jumping very fast. The max I can delay the joining my new employer cannot be more than a 1 month. Please suggest the best approach...
The best approach is to go ahead and change the job. What are you worried about? File AC 21 via new company's lawyer.
more...
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AnishD
04-02 10:51 PM
I have a question for H1 transfer. If I work with Company A and I am transfering my H1 to company B. What happens to my H1B with company A if by chance the transfer gets denied..does it get suspended or can i work with Company A again if they have not cancelled?
Thanks in advance..
Thanks in advance..
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Cherrymn
02-17 04:29 PM
I was initially issued pp for 5 years in India. Last year in '08 when it was expiring, i sent application for renewal of passport (NY Consulate) based on my EAD. However, instead of renewing it for another 5 years they renewed it for 1 year only. When I called the office, they said that they receive tons of pp's lon EAD which can be renewed for a year only.
Did anybody face this same problem? Can I apply for new passport based on I-485 receipt and would they issue passport for another 5 or 10 years?
Thanks in advance
Did anybody face this same problem? Can I apply for new passport based on I-485 receipt and would they issue passport for another 5 or 10 years?
Thanks in advance
more...
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factoryman
07-01 11:57 PM
anyways, I like the postive spirit.
I mean literally.
Here is one last scenario ( perhaps that is why all attorneys are saying - 'continue with your filings and go on with your life' AND all old saws all good old folks at IV might say 'I told you so'). So, not to be let out, here is my take on things to unfold tomorrow:
Why did they wait till Jul 2?
They will release the Aug VB tomorrow. In which they will retrogress most or all categories to 'U'.
They will enforce the 'DMV office rule'. All who have filed on the basis of Jul VB, will be receipted, may be finger printed but AOS adjudicated and GCs issued as dates become current.
Good night and good luck to all, particularly to those '599 (174 members and 425 guests)'
Ok Guys enough "PREDECTIONS" now go to bed.
Only the coming days will tell us what is going on and what will happen. Everything else is just hear-say.
Go to sleep and remember that we DO have day jobs.
I mean literally.
Here is one last scenario ( perhaps that is why all attorneys are saying - 'continue with your filings and go on with your life' AND all old saws all good old folks at IV might say 'I told you so'). So, not to be let out, here is my take on things to unfold tomorrow:
Why did they wait till Jul 2?
They will release the Aug VB tomorrow. In which they will retrogress most or all categories to 'U'.
They will enforce the 'DMV office rule'. All who have filed on the basis of Jul VB, will be receipted, may be finger printed but AOS adjudicated and GCs issued as dates become current.
Good night and good luck to all, particularly to those '599 (174 members and 425 guests)'
Ok Guys enough "PREDECTIONS" now go to bed.
Only the coming days will tell us what is going on and what will happen. Everything else is just hear-say.
Go to sleep and remember that we DO have day jobs.
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andy_traps
04-11 06:49 PM
18000 change as of yesterday (April 10).
Enjoy:p
FUD!?
Enjoy:p
FUD!?
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India76
03-01 10:28 PM
Thanks rajesh_kamisetty for your prompt reply. It helps.
admsurveys
10-13 09:25 PM
My company filed an I-140 in December 2009. The petition (an EB2) was APPROVED in May 2010. A month or so later, I was laid off but BEFORE the I-485 was ever filed. As far as I know, the I-140 has not been revoked. What are my potential options here? Can I find a new employer to file a 485 provided the new job is similar to the I-140 petition or do they have to start the whole process again?
pappu
05-25 08:35 AM
We have temporarily suspended donor forum at this time as we do not have the man-hours and bandwidth to validate each donor to be added to the donor forum. At this time we are focusing on Advocacy events in DC and all of our energy is being utilized to reach out to lawmakers. All important updates are being posted on the public forums.
