gulute
10-02 02:39 PM
Did you use an approved labor?
the RFE was on Ability to Pay
the RFE was on Ability to Pay
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NIW
08-31 12:02 PM
Just take it easy on this guy. He is a hard nosed, narcistic, self proclaimed immigration reforming CNN anchor who made millions just by talking and writing books on Immigration issues. There is some truth in his talk show but most of it is fabricated lie exaggerated by the media.
I really pity him because he has to come up with some immigration news everyday to save his job unlike Anderson Cooper or Wolf Blitz.
But as long as the immigration community, who has time and again proved its extra ordinary skills by getting Nobels, Pulitzers, Outstanding physician awards, humanitarian awards, he can't change a bit of law. The corporate america wants brain and skills, and we have them. We will prevail......
Just change the TV channel
I really pity him because he has to come up with some immigration news everyday to save his job unlike Anderson Cooper or Wolf Blitz.
But as long as the immigration community, who has time and again proved its extra ordinary skills by getting Nobels, Pulitzers, Outstanding physician awards, humanitarian awards, he can't change a bit of law. The corporate america wants brain and skills, and we have them. We will prevail......
Just change the TV channel
psaxena
03-09 05:32 PM
???
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gnutin
06-17 04:34 PM
Mr.gnutin or any other expert,
Can you please confirm whether I have to stick with the company for 180 days after the 140 approval, if i am planning to change the job to port the Priority date?
Thanks
No need to stick with company for 180 days after I-140 approval to keep your PD.
The 180-days thing is if you're filing I-485 along with I-140. If this is the case with you then wait 180 days, get your EAD and invoke AC-21 to change employers.
Can you please confirm whether I have to stick with the company for 180 days after the 140 approval, if i am planning to change the job to port the Priority date?
Thanks
No need to stick with company for 180 days after I-140 approval to keep your PD.
The 180-days thing is if you're filing I-485 along with I-140. If this is the case with you then wait 180 days, get your EAD and invoke AC-21 to change employers.
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amsgc
07-03 08:01 AM
There is no such thing as an H-1B transfer - it is unfortunate that this word is used and it confuses people all the time.
Your company B has filed a new petition on our behalf to employ you with a request for:
- The petition to be not counted in the yearly cap
- Your status be extended till the end date on the new petition
Generally speaking:
Since you have already started working for the new employer, you MUST enter using the H-1B approval notice of the new employer (even if you use the visa stamped through the previous employer).
Regarding Mexico - never been there so I don't know how it works with the I-94.
Mine is not h1 extension but what is called transfer - Company A to company B. Can I not enter using Company A's documents as they did not cancel my h1b and wont cancel it either. Also I will get pay stub from them till jul 15 for work done till jun 20th.
Your company B has filed a new petition on our behalf to employ you with a request for:
- The petition to be not counted in the yearly cap
- Your status be extended till the end date on the new petition
Generally speaking:
Since you have already started working for the new employer, you MUST enter using the H-1B approval notice of the new employer (even if you use the visa stamped through the previous employer).
Regarding Mexico - never been there so I don't know how it works with the I-94.
Mine is not h1 extension but what is called transfer - Company A to company B. Can I not enter using Company A's documents as they did not cancel my h1b and wont cancel it either. Also I will get pay stub from them till jul 15 for work done till jun 20th.
absaarkhan
01-10 04:28 PM
You Can work for the same Employer On H1 even after entering US on AP.
It is NOT clear Yet if we can file for H1 Transfer with another employer after entering US on Advance Parole.
Please let us know if anybody has done this successfully.
It is NOT clear Yet if we can file for H1 Transfer with another employer after entering US on Advance Parole.
Please let us know if anybody has done this successfully.
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riva2005
03-16 03:40 PM
Need your opinion on this.. filed for I-485 on EB2 in July 07. I am the primary applicant. I have been married since May '04. Need to apply for a divorce. My wife, a derivative in my application, is holding up the process as it may affect her chances of getting a GC without any sweat. She has an parallel GC process running solely in her name, which I believe hasnt cleared PERM yet (some sort of audit). She is on H1B, extendable for another 3 years, and has EAD from my GC application. Will there be any implications on her application if the divorce goes through? And also, can I out of spite do anything to get her derivative application out of the queue :rolleyes: ?
If your wife is using EAD based on a 485 that was filed as your dependent, then her 485 and her EAD will be lost if you withdraw her 485. I dont think you need to get a divorce for that. However, I think if you get her 485 withdrawn, then something tells me that your divorce process will accelerate.
If she is not using the EAD that came out of 485 filed with your 485, and if she is using H1 that is getting extended based on her own separate labor/GC process, then she may be unaffected by whatever you do - divorce her, withdraw her 485, or do both.
Also, if you divorce her, then there is no way that the 485 that was filed along with your 485 will be useful. That dependent 485 is no good to her if you are divorced.
I think your whole mixing of immigration and marital situation is complicating things. If you want to get divorced, get divorced. There is going to be enough pain on both sides during and after the divorce. Dont add to your work by engaging immigration issues with it.
Also, in most states, in order get a divorce, you have to have lived in that state for minimum of 6 months. And you need to wait 90 - 180 days between filing for divorce and actually getting that divorce. If there are custody battles, battles over property, money then it could be longer. If you own a house, then the house may be considered marital property and she and you would have equal right to the equity in the house, even if its only your name on the title and even if you are the only one making payments. It , of course, depends on your state. In some states, if the house is in your name, then its yours even if you are married.
Even amicable divorces are messy, painful and tiring. So if you have time and energy after going thru all that, then you may think about screwing your spouse out of immigration benefits that she got by being married to you.
By the way, no one can stop or "HOLD UP" your divorce. If you want to start the divorce process, you can start it at any time. I dont think any state allows one spouse to "HOLD UP" divorce if the other one wants to get out of a marriage. It can be prolonged by fighting over money, custody, visitation rights etc. But to start the process, you have to file a petition in your county and get your spouse "served" the petition.
If your wife is using EAD based on a 485 that was filed as your dependent, then her 485 and her EAD will be lost if you withdraw her 485. I dont think you need to get a divorce for that. However, I think if you get her 485 withdrawn, then something tells me that your divorce process will accelerate.
If she is not using the EAD that came out of 485 filed with your 485, and if she is using H1 that is getting extended based on her own separate labor/GC process, then she may be unaffected by whatever you do - divorce her, withdraw her 485, or do both.
Also, if you divorce her, then there is no way that the 485 that was filed along with your 485 will be useful. That dependent 485 is no good to her if you are divorced.
I think your whole mixing of immigration and marital situation is complicating things. If you want to get divorced, get divorced. There is going to be enough pain on both sides during and after the divorce. Dont add to your work by engaging immigration issues with it.
Also, in most states, in order get a divorce, you have to have lived in that state for minimum of 6 months. And you need to wait 90 - 180 days between filing for divorce and actually getting that divorce. If there are custody battles, battles over property, money then it could be longer. If you own a house, then the house may be considered marital property and she and you would have equal right to the equity in the house, even if its only your name on the title and even if you are the only one making payments. It , of course, depends on your state. In some states, if the house is in your name, then its yours even if you are married.
Even amicable divorces are messy, painful and tiring. So if you have time and energy after going thru all that, then you may think about screwing your spouse out of immigration benefits that she got by being married to you.
By the way, no one can stop or "HOLD UP" your divorce. If you want to start the divorce process, you can start it at any time. I dont think any state allows one spouse to "HOLD UP" divorce if the other one wants to get out of a marriage. It can be prolonged by fighting over money, custody, visitation rights etc. But to start the process, you have to file a petition in your county and get your spouse "served" the petition.
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GCwaitforever
02-06 04:40 PM
Hi,
What is legally considered as "Permanent Residency approval date" - is it the approval of I485/getting greencard or is it the approval of I140. Sometimes the I140 referred to as an immigrant petition. As we know the process is once this immigrant petition (I14) is approved we apply for adjustment of status as a permanent resident thru II485 - so legally - can we consider that until I485 is not approved, our permanent residence applicaiton is pending?
This is to interpret a reimburse agreement I signed (bad thing to do - but I was naive then and signed a very vague repayment statement). But somewhat good thing is the agreement talks about staying for 2 years "after" the permanent residence is approved. If things get bad - I am hoping that this language might save me. Any thoughts?
- kd
Why do you worry about something that is so far off in future? Given the current retrogression, it takes three or four years anyway for GC to be approved.
Also not all agreements are enforceable. An agreement has to have give and take - Employer offers something and Employee offers something. They can not claim in agreement that you work for them for two years without specifying what they are doing for you in return. So you may ignore the paper agreement completely. Check with an attorney.
What is legally considered as "Permanent Residency approval date" - is it the approval of I485/getting greencard or is it the approval of I140. Sometimes the I140 referred to as an immigrant petition. As we know the process is once this immigrant petition (I14) is approved we apply for adjustment of status as a permanent resident thru II485 - so legally - can we consider that until I485 is not approved, our permanent residence applicaiton is pending?
This is to interpret a reimburse agreement I signed (bad thing to do - but I was naive then and signed a very vague repayment statement). But somewhat good thing is the agreement talks about staying for 2 years "after" the permanent residence is approved. If things get bad - I am hoping that this language might save me. Any thoughts?
- kd
Why do you worry about something that is so far off in future? Given the current retrogression, it takes three or four years anyway for GC to be approved.
Also not all agreements are enforceable. An agreement has to have give and take - Employer offers something and Employee offers something. They can not claim in agreement that you work for them for two years without specifying what they are doing for you in return. So you may ignore the paper agreement completely. Check with an attorney.
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kumar1
02-01 01:06 PM
Start doing AmWay or QuickStar. That is the best thing a person can do !!!!!!
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paskal
09-11 12:28 AM
/\/\/\/\/\/\
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hopefulgc
04-10 02:58 PM
The sorting for priority date is not working right.
For e.g. it is first displaying Apr-00, then all Apr-01, then Apr-02 and so on. Then it displays Aug-00, then Aug-01 and so on.
It is doing alphabetical sorting.
It needs to sort by date or the month-year combination.
Its getting better!
For e.g. it is first displaying Apr-00, then all Apr-01, then Apr-02 and so on. Then it displays Aug-00, then Aug-01 and so on.
It is doing alphabetical sorting.
It needs to sort by date or the month-year combination.
Its getting better!
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Aah_GC
07-13 12:32 PM
Bend it like Beckham mates! Get funky hairstyles, market yourself well and play some average soccer with all kind of funky logos on your shirt.
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alwayson
09-06 11:50 AM
How about even a much better solution, learn your country's national language......:)
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kams
01-10 11:08 AM
I-140 applied May 2007, EB-2 Nebraska. Approved Jan 8, 2008.
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jvs
09-23 02:27 PM
I applied for my second AP on 08/11/2009, was approved on 09/03/2009, was received at the attorney's office on 09/10/2009. Service center NSC.
No FP was done. FWIW my last FP was in Jan 09.
Did you guys have to go through FP for the APs? Will they take FP again even if they have done that before.
No FP was done. FWIW my last FP was in Jan 09.
Did you guys have to go through FP for the APs? Will they take FP again even if they have done that before.
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vxg
06-04 09:21 AM
The new bill does not care about STEM. The only qualification you need is a degree in ILLEGAL immigration.
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tnite
08-06 04:06 PM
bump
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HRPRO
03-07 12:32 PM
That is not correct. Even if employer revokes it, the PD is good. The only time you will loss PD is if CIS revokes it due to fraud.
Krish,
I did not mention that the PD will be affected. My first sentence very clearly states that his PD will not be affected. The disruptions I mentioned were with respect to his current petition.
Read carefully before jumping into conclusions.
Krish,
I did not mention that the PD will be affected. My first sentence very clearly states that his PD will not be affected. The disruptions I mentioned were with respect to his current petition.
Read carefully before jumping into conclusions.
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savitri.bhave
07-06 10:30 AM
Jayant,
Thanks. I will have to return to China because my husband is chinese. If he can not stay here, he would like to go back there and so do I.
Once again thanks for the advice. Let me rephrase my question:
(a) At this point can I file for PERM processing (five months left on H1)?
(b) Case I : If labour does not get cleared within next five months,can I apply for H1 B extension?
(c) Case II : If labour gets cleared within next five months, can I apply for H1B extension?
At this point, I am loooking for extension of one year. Is there any way I can do this?
Thanks a lot again,
Savitri Bhave
Thanks. I will have to return to China because my husband is chinese. If he can not stay here, he would like to go back there and so do I.
Once again thanks for the advice. Let me rephrase my question:
(a) At this point can I file for PERM processing (five months left on H1)?
(b) Case I : If labour does not get cleared within next five months,can I apply for H1 B extension?
(c) Case II : If labour gets cleared within next five months, can I apply for H1B extension?
At this point, I am loooking for extension of one year. Is there any way I can do this?
Thanks a lot again,
Savitri Bhave
saimrathi
07-03 11:20 AM
Well, here are the thoughts.
American Govt only listens when it sees an economic impact. Get thousands of such workers to not work a day, I am sure it would mean a huge economic impact. This is sending a signal that we dont tolerate this "pseudo-slavery" and that today we dont work a day but tomorrow we will be forced to leave this country (I know already several people who have done that and it is becoming more and more common for people to abstain from coming to this land of opportunity as the system is now less favorable)
If hundreds of thousands dont go to work, congress, corporates, press - the whole gamut would become sensitive to the issue. This is one way you can get them to lobby for our demands.
Taking out rally is also a very good way of doing it however if you did this in one place, the turnout will not be as impressive. Doing it in multiple cities needs an organization.
Bottomline, whatever you do, show solidarity, resolve, unity. That has never happened within this affected group of workers.
Sure, skip a day of work.. only to come back the next day and have two days worth of work lying on your desk, and one less vacation day...
American Govt only listens when it sees an economic impact. Get thousands of such workers to not work a day, I am sure it would mean a huge economic impact. This is sending a signal that we dont tolerate this "pseudo-slavery" and that today we dont work a day but tomorrow we will be forced to leave this country (I know already several people who have done that and it is becoming more and more common for people to abstain from coming to this land of opportunity as the system is now less favorable)
If hundreds of thousands dont go to work, congress, corporates, press - the whole gamut would become sensitive to the issue. This is one way you can get them to lobby for our demands.
Taking out rally is also a very good way of doing it however if you did this in one place, the turnout will not be as impressive. Doing it in multiple cities needs an organization.
Bottomline, whatever you do, show solidarity, resolve, unity. That has never happened within this affected group of workers.
Sure, skip a day of work.. only to come back the next day and have two days worth of work lying on your desk, and one less vacation day...
sanjay
01-09 04:12 PM
why i got red?????? I am saying it is going to be current.
I gave you a green now. So, you have only one red left. LOL people are taking humor seriously.
I gave you a green now. So, you have only one red left. LOL people are taking humor seriously.
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