smiledentist
06-22 12:47 AM
You would be best served with the services of an experienced attorney in this area. This is a rather difficult situation. Any answers on this board are likely to be speculative. Some money spent in this critical juncture would be money well spent.
From what I can see, you have 2 options, either to continue with your currently approved 140 and file for a 485 or get a new one and try to affix your PD from the old approved 140. Either way once you get to the 485 stage you should be more secure in things, and can then look to invoke AC 21 rules.
What I want is that if I could use this approved 140 thenI could be safe,but with a new 140 I am scared that it will take 4 months and I could not take advantage of filing 485.
From what I can see, you have 2 options, either to continue with your currently approved 140 and file for a 485 or get a new one and try to affix your PD from the old approved 140. Either way once you get to the 485 stage you should be more secure in things, and can then look to invoke AC 21 rules.
What I want is that if I could use this approved 140 thenI could be safe,but with a new 140 I am scared that it will take 4 months and I could not take advantage of filing 485.
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amitga
02-21 01:01 PM
Going back home is the only backup streategy. Probably everybody who is not contributing to IV, is depending on this backup plan.
People,
I dont want to sound pessimistic but do we think its necessary that we have to have some backup plan if the CIR bill gets into the mess it got into last year because of amnesty given to illlegal.
The WORST SUFFERERS will be LEGAL IMMIGRANTS who are at the mercy of this illegal immigrants bill.Do you people think that we need to discuss atleast (the IV core group) the back up strategy if the CIR gets into grid lock as it happened last year.
I think its worth a discussion.People any ideas.?
People,
I dont want to sound pessimistic but do we think its necessary that we have to have some backup plan if the CIR bill gets into the mess it got into last year because of amnesty given to illlegal.
The WORST SUFFERERS will be LEGAL IMMIGRANTS who are at the mercy of this illegal immigrants bill.Do you people think that we need to discuss atleast (the IV core group) the back up strategy if the CIR gets into grid lock as it happened last year.
I think its worth a discussion.People any ideas.?
dpp
01-23 11:59 AM
I also got the similar letter from Indiana Senator.
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hibworker
08-23 11:46 AM
Switching to F1 will allow her to use OPT / CPT benefits as well as allow her to work part time on campus during term. In order to qualify for OPT the student needs to be in F1 status for 1 academic year prior to submitting application for OPT.
more...
uslegals
12-21 09:56 AM
Any advice is appreciated.!
thanks!
thanks!
katakamk
02-07 09:55 PM
Hi Kapil,
what is your priority date & category (EB2 or EB3)? when did you apply I485?
with regards,
EB3 - 2003 PD
what is your priority date & category (EB2 or EB3)? when did you apply I485?
with regards,
EB3 - 2003 PD
more...
Gravitation
01-02 01:00 PM
On H1 you can setup business, invest in , take profits ,but you should not be on payroll ( in otherwords you cannot be an employee of your own company based on H1 status ).
What you say is mostly correct. Something needs to be added: You can found a company and it can sponosor you for your H1B (even if it's for a part time job)... and you can work for it... but... it should be a genuine company and it's aim shouldn't be solely to sponsoer you for H1B. Very very severe scrutiny of all docs and all stages expected... making it practically a very very long shot.
What you say is mostly correct. Something needs to be added: You can found a company and it can sponosor you for your H1B (even if it's for a part time job)... and you can work for it... but... it should be a genuine company and it's aim shouldn't be solely to sponsoer you for H1B. Very very severe scrutiny of all docs and all stages expected... making it practically a very very long shot.
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needhelp!
11-05 04:15 PM
bump
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punjabi
04-13 03:41 PM
CONGRATS!!
Please donate to IV today.
Congrats again!
I also pedge to donate $500 to IV on the day I receive the GC.
Hello IV Freinds,
I checked my mail last Saturday, got Cards and welcome approval notices in mail. Status at USCIS website still shows all cases pending. I had called my Senators office for follow up week before as processing dates also had also passed.
.....
Thanks,
Please donate to IV today.
Congrats again!
I also pedge to donate $500 to IV on the day I receive the GC.
Hello IV Freinds,
I checked my mail last Saturday, got Cards and welcome approval notices in mail. Status at USCIS website still shows all cases pending. I had called my Senators office for follow up week before as processing dates also had also passed.
.....
Thanks,
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calboy78
08-10 01:38 AM
It needs action - not talk.
The system created by DoS and USCIS is highly unfavorable for EB3 people.
DoS is not giving enough visa numbers to EB3 - the category is "U" for now.
USCIS is very lame in processing 140 of EB3.
Many a times employer create a position that requires just Bachelor's degree, BUT a Bachelor's person can't really do that job. Eventually a Master's person (or B.S. + 5 yr experience) fills that up, not knowing that he will be shoved in EB3. In fact most EB3 people in queue today are like this...on top of that, DoS/USCIS has lumped lot of different kind of workers in EB3 - who should be in different category (probably EB4). Overall, very unfair situation for EB3 people.
We all (no matter whether EB1/EB2/EB3) need to support IV to get unused visa numbers recaptured. This will help all EB categories. Without visa recapturing EB3 especially is doomed.
The system created by DoS and USCIS is highly unfavorable for EB3 people.
DoS is not giving enough visa numbers to EB3 - the category is "U" for now.
USCIS is very lame in processing 140 of EB3.
Many a times employer create a position that requires just Bachelor's degree, BUT a Bachelor's person can't really do that job. Eventually a Master's person (or B.S. + 5 yr experience) fills that up, not knowing that he will be shoved in EB3. In fact most EB3 people in queue today are like this...on top of that, DoS/USCIS has lumped lot of different kind of workers in EB3 - who should be in different category (probably EB4). Overall, very unfair situation for EB3 people.
We all (no matter whether EB1/EB2/EB3) need to support IV to get unused visa numbers recaptured. This will help all EB categories. Without visa recapturing EB3 especially is doomed.
more...
royus77
09-02 06:29 PM
Please stop opening new threads which are not related to immigration
I got 2 red dots for this .....Crazy people
I got 2 red dots for this .....Crazy people
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gc_chahiye
10-26 03:43 PM
My Lawyer is saying that we cannot apply for AP without a valid reason and a valid paper such as someone is sick or wedding with a proof.
Is this true?
Thanks,
PD Feb 2004 - EB3 - India
I140 Approved - May 2007
EAD Approved - Oct 3
EAD recd Oct 10
H1B Status Valid - 2010.
I had the same concerns on reading the instructions on the I-131 pplication form for the AP.
On page 2:
"Advance parole is an extraordinary measure used sparingly to bring an otherwise inadmissible alien to the United States or a temporary period of time due to a compelling emergency."
And later on page 4 section III B 1 they go on to say:
You may apply if you have an adjustment of status application pending and you seek to travel abroad for emergent personal or bona fide business reasons
However on confirming with my lawyer this is not really enforced by USCIS. You can request an AP without submitting proofs of personal emergency or a bonafide business reason, and USCIS will grant you an AP.
Is this true?
Thanks,
PD Feb 2004 - EB3 - India
I140 Approved - May 2007
EAD Approved - Oct 3
EAD recd Oct 10
H1B Status Valid - 2010.
I had the same concerns on reading the instructions on the I-131 pplication form for the AP.
On page 2:
"Advance parole is an extraordinary measure used sparingly to bring an otherwise inadmissible alien to the United States or a temporary period of time due to a compelling emergency."
And later on page 4 section III B 1 they go on to say:
You may apply if you have an adjustment of status application pending and you seek to travel abroad for emergent personal or bona fide business reasons
However on confirming with my lawyer this is not really enforced by USCIS. You can request an AP without submitting proofs of personal emergency or a bonafide business reason, and USCIS will grant you an AP.
more...
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The7zen
03-24 05:54 PM
H1 transfer will bring you back on status...
do you mean to say goto any employer whoever gets job?
i doubt you have any other better options.....
do you mean to say goto any employer whoever gets job?
i doubt you have any other better options.....
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jhaalaa
03-19 04:15 PM
I guess OKies are lazy guys. Please post your details so we can help do some more than just benefit from the efforts of others assuming Lady Luck would eventually smile anyway so why bother her now!
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va_dude
05-07 12:52 PM
it doesn't boil down to who you trust more. Both opinions have its merits.
But you should base your decision on whether or not you have truly ported to a job with similar duties and if you have the paperwork to prove it. If you have all this, then evn if you do get RFE its not a bad thing, since you can prove that you did no wrong.
Just my 2 cents.
But you should base your decision on whether or not you have truly ported to a job with similar duties and if you have the paperwork to prove it. If you have all this, then evn if you do get RFE its not a bad thing, since you can prove that you did no wrong.
Just my 2 cents.
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cool_guy_onnet1
03-12 02:36 PM
One says, I can only remove my Future employer "X", who has filed for my GC, and carry my Priority Date , AFTER I get new PERM and new I140 from the new company.
Other one says, don't worry just move to new Employer and I don't need to refile PERM and I140.
Both lawyers are mentioned over 10 times on this web-site and both are VERY reputed.
I have NEVER worked for employer X, It was a future position and I may still join them.
I have approved 140 and 485 is pending for about 9 months.
EAD is approved and so is AP.
Please help guys!
Other one says, don't worry just move to new Employer and I don't need to refile PERM and I140.
Both lawyers are mentioned over 10 times on this web-site and both are VERY reputed.
I have NEVER worked for employer X, It was a future position and I may still join them.
I have approved 140 and 485 is pending for about 9 months.
EAD is approved and so is AP.
Please help guys!
more...
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TomPlate
07-02 09:49 AM
come once again idily. Sounds to me italy.:mad:
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Browndog
February 20th, 2005, 07:43 AM
if it's any help i have a 2nd hand Sigma APO macro 70-300mm. like NikNikon i found the D70 kit lens much sharper generally, but the sigma when stopped sown to f8 or f9 at 300mm seems to be sufficiently clear enough and really helps for picking out faces in crowds etc. i recently went to a chinease new year festival and the extra reach of the lens blew me away. i could get full frame shots of the dragon mask even though i was stood further back in the crowd. being stopped down thoough i find if the light is less than ideal i need a very fast ISO to keep the shutter speed up. hope that helps :-)
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uslegals
08-20 03:39 PM
A consulting company that i had approached in early 2007 had filed my
H1B on April 1st '07 for which i only have a receipt # as yet. This H1 is obviosuly under the CAP. USCIS decision reg. H1 approval is still pending.
I was eligible to file for AOS / EAD thru my husbands GC petition and now do not want to take any job on the H1B with the consulting company. I have a offer from another company....i can join then when i get my EAD. They are willing to wait till i get my EAD.
Some concerns i need help with -
1)How does the contracting company withdraw or VOID my H1. ?
2) Do we have to wait for 797 approval to void it.? Or can they VOID it using only the RECEIPT # ?
3) If H1B is approved in the next few weeks then does the petitioner have to void it before the start of fiscal year - October 1st 2007.?
5) Does a attorney need to be involved to withdraw this case ? What is the exact process of nullifying this H1B.? Are there any specific forms to be filled out.???
6) What kind of documentation would i need from the petitioner who is withdrawing my H1B...Like what evidence do i need to get from petitioner that he / she has actually withdrawn this.??
Also are there any DOL or USCIS rules which state that - the employer has to provide me with copies of the LCA, I-129 petition, Letter that he writes for voiding the H1B. I should be entitled to recieve copies from the employer right..?? allthough i will not work for them..! Can somebody direct me to a link on DOL or USCIS which tells me that the employer should give me all these copies.
Thank you!
H1B on April 1st '07 for which i only have a receipt # as yet. This H1 is obviosuly under the CAP. USCIS decision reg. H1 approval is still pending.
I was eligible to file for AOS / EAD thru my husbands GC petition and now do not want to take any job on the H1B with the consulting company. I have a offer from another company....i can join then when i get my EAD. They are willing to wait till i get my EAD.
Some concerns i need help with -
1)How does the contracting company withdraw or VOID my H1. ?
2) Do we have to wait for 797 approval to void it.? Or can they VOID it using only the RECEIPT # ?
3) If H1B is approved in the next few weeks then does the petitioner have to void it before the start of fiscal year - October 1st 2007.?
5) Does a attorney need to be involved to withdraw this case ? What is the exact process of nullifying this H1B.? Are there any specific forms to be filled out.???
6) What kind of documentation would i need from the petitioner who is withdrawing my H1B...Like what evidence do i need to get from petitioner that he / she has actually withdrawn this.??
Also are there any DOL or USCIS rules which state that - the employer has to provide me with copies of the LCA, I-129 petition, Letter that he writes for voiding the H1B. I should be entitled to recieve copies from the employer right..?? allthough i will not work for them..! Can somebody direct me to a link on DOL or USCIS which tells me that the employer should give me all these copies.
Thank you!
poorslumdog
10-11 04:05 PM
:=)
sanju_dba
02-13 12:14 PM
You guys mean "ONLY" when your PD is current? right? :rolleyes:
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