japs19
07-20 02:18 PM
I am in the same situation and I filed for AOS using approved 140 from Company A. The only risk is, if we get an approval within 180 days then technically we will have to go and work for Company A for minimum 90 days, which in my case is not possible. My lawyer said that he highly doubts that any action will be taken in 180 days (my PD is June 05) and once 180 days are over, you can use the luxury of AC21 and could be working for any employer at that time.
I say go ahead and file for 485 and at the same time tell your employer to initiate LC process. They can use LC for some other candidate if you end up not using it.
I say go ahead and file for 485 and at the same time tell your employer to initiate LC process. They can use LC for some other candidate if you end up not using it.
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anilsal
09-06 01:57 AM
I also request you to send emails directly to these folks. With the rally approaching, I am sure the core is swamped with logistics.
SandeR2
04-02 05:58 AM
whowho! one more day and we will see the finalists :D
I'm excited :D
I'm excited :D
2011 Cliff Lee Signs with the
kartikbalaji
01-02 02:38 PM
There was a soft LUD on my I-485 on 01/01 and today (01/02). I had applied for my H1 extension sometime back.Will my 485 be touched because of H1 ? My PD is Aug 2006 EB2(obviously cant expect AOS getting processed at this time).
Any thoughts?
Any thoughts?
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idontcare634
04-07 07:35 AM
Hi,
I am looking to switch employers. Although the job descriptions are pretty similar ( C coding, design, protocols etc.), my PERM was filed for Computer Software Engineer-Applications whereas the new one falls under Computer Software Engineer, Systems Software. Is this a risk during I-485 adjudication. Also my new salary is 50% higher than my original PERM salary (It has been almost 4 years since my original PERM).
Thanks.
I am looking to switch employers. Although the job descriptions are pretty similar ( C coding, design, protocols etc.), my PERM was filed for Computer Software Engineer-Applications whereas the new one falls under Computer Software Engineer, Systems Software. Is this a risk during I-485 adjudication. Also my new salary is 50% higher than my original PERM salary (It has been almost 4 years since my original PERM).
Thanks.
vedicman
08-10 08:32 AM
H1B status alone shouldn't cause any problems for re-entry, that is just my opinion though.
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go2roomshare
02-01 01:04 PM
why this thread is still active? should be closed
2010 Thank You for Cliff Lee,
royalchallenge
02-03 05:07 PM
^^^
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sku
12-26 05:52 PM
^^^Bump^^^
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lost
10-27 09:05 AM
In what stage is the background check done? and are we notified of its completion?
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zdash
10-26 02:29 PM
In September 2001, I came here on visitor visa with my mother and resided here till today (I was 15). I went through 4 yrs of high school, got my GED followed by an associate degree from community college and now I'm an undergrad student pursuing my bachelor degree; will graduate in a year. Meanwhile, my mother became a U.S. citizen through marriage when I was a sophomore in college, simultaneously my I-130 was approved and now waiting for the visa availability; the priority date: Dec 08, 2006, F1.
Problem is that I turned 21 on October 13, 2006 right passed the time criterion for the Child Status Protection Act which technically makes me "aged-out" by about 2 months (filing date being DEC06), so I think that I am not be qualified as an immediate relative.
Currently, the visa availability date is at 15FEB06 which is getting close to DEC06.
Few months ago, I received a letter from NVC requesting DS-3032 and I-864 forms which I've filled out and sent to them but I regarded the fact that I live in the United States on an overstayed visa!!! I should have sent them a notice to adjust my status instead of paying the $70 and $400 fees that I already paid, apparently. I am not leaving the country to interview overseas with the NVC because that would put me in a 10 year ban obviously, I also do not understand how I can adjust my status with the USCIS once the priority date becomes current when I do not have a status as of now! So, I might've done all these for nothing. I've talked to some lawyers on the phone but they have completely shut my hopes down (maybe because I haven't paid them?). I do not have the money to pay for an expensive lawyer because all my funds can barely afford my college.
On top of everything, DREAM act just got rejected from the congress as I'm getting ready to graduate from college. I have no idea what to do.
With my college degree and knowledge that I have acquired over the years, I believe that I am an inevitable asset to this country but I am deeply saddened by the fact that American Dream is not becoming a reality for me. I know I can do more for the world but I'm immobilized by the system which I don't see any loopholes to at this point. I understand the views of the Republicans but I really wish that they can give one more look at the DREAM act. We do not intentionally break the law. I would actually be a law-abiding and a model citizen if I ever become one.
Anyhow, I lost all my hopes and dream in this country at this point in time, that I think the only/best way is to move back to where I am from immediately upon graduation.
If there is any hope, your help/advice/inputs will be greatly appreciated!
Problem is that I turned 21 on October 13, 2006 right passed the time criterion for the Child Status Protection Act which technically makes me "aged-out" by about 2 months (filing date being DEC06), so I think that I am not be qualified as an immediate relative.
Currently, the visa availability date is at 15FEB06 which is getting close to DEC06.
Few months ago, I received a letter from NVC requesting DS-3032 and I-864 forms which I've filled out and sent to them but I regarded the fact that I live in the United States on an overstayed visa!!! I should have sent them a notice to adjust my status instead of paying the $70 and $400 fees that I already paid, apparently. I am not leaving the country to interview overseas with the NVC because that would put me in a 10 year ban obviously, I also do not understand how I can adjust my status with the USCIS once the priority date becomes current when I do not have a status as of now! So, I might've done all these for nothing. I've talked to some lawyers on the phone but they have completely shut my hopes down (maybe because I haven't paid them?). I do not have the money to pay for an expensive lawyer because all my funds can barely afford my college.
On top of everything, DREAM act just got rejected from the congress as I'm getting ready to graduate from college. I have no idea what to do.
With my college degree and knowledge that I have acquired over the years, I believe that I am an inevitable asset to this country but I am deeply saddened by the fact that American Dream is not becoming a reality for me. I know I can do more for the world but I'm immobilized by the system which I don't see any loopholes to at this point. I understand the views of the Republicans but I really wish that they can give one more look at the DREAM act. We do not intentionally break the law. I would actually be a law-abiding and a model citizen if I ever become one.
Anyhow, I lost all my hopes and dream in this country at this point in time, that I think the only/best way is to move back to where I am from immediately upon graduation.
If there is any hope, your help/advice/inputs will be greatly appreciated!
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neeidd
07-09 11:38 AM
One cannot work on H4.
i was told by my lawyer - if spouse stops working, s/he can go back to H4, but you need to confirm with a lawyer, given your specific case.
Thanks for your response, Nil
i was told by my lawyer - if spouse stops working, s/he can go back to H4, but you need to confirm with a lawyer, given your specific case.
Thanks for your response, Nil
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rparuchuri
08-10 08:42 AM
I think you can safely sponser visitors visa while you are on H1B. What do you mean by working at clients place? is that place listed on your H1B application. Many times Attorney list any other state as required. I remember my attorney doing this. But still, I don't think it should matter, at the same time, I am not an attorney.
Good luck
Good luck
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ImmigrationAnswerMan
06-29 10:04 PM
Tharu:
You can reply to the RFE exactly as you stated. That your wife and child are abroad and will be applying for visas at the U.S. post to accompany you, therefore they do not have A numbers or receipt numbers.
You must file I-824s for them if you have not already done so.
You can reply to the RFE exactly as you stated. That your wife and child are abroad and will be applying for visas at the U.S. post to accompany you, therefore they do not have A numbers or receipt numbers.
You must file I-824s for them if you have not already done so.
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zCool
03-31 11:27 PM
Last Status counts situation DOES NOT apply here.
That rule applies to situations where you've gone from h1b to h4 or ead etc..
In your case, you can have as many approved h1b petitions as possible since it's really petition approved for that employer and your are merely beneficiary.
BUT you can ONLY work for 1 employer at a time..
Going by your situation.. if you have approved h1 from company B and are working with company B. THEN you are okay.. to hell with what company A may choose to do..
That rule applies to situations where you've gone from h1b to h4 or ead etc..
In your case, you can have as many approved h1b petitions as possible since it's really petition approved for that employer and your are merely beneficiary.
BUT you can ONLY work for 1 employer at a time..
Going by your situation.. if you have approved h1 from company B and are working with company B. THEN you are okay.. to hell with what company A may choose to do..
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flipflop
08-28 01:39 PM
I believe filing CPT and working on CPT till EAD (if filed with 485) arrives in hand should not affect pending I-485 at all.
Can somebody else in this situation confirm this?
This should be quite a common issue.
Can somebody else in this situation confirm this?
This should be quite a common issue.
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invincibleasian
02-25 07:08 PM
Hi,
A couple of questions on the simaltaneous filing of I-140 and I-485
1) I had read somewhere that USCIS was going to stop the same. Has that happened yet?
2) Say a person has applied for the I-140 but cannot simaltaneously apply for 485 due to retrogression. In the event that the dates become current BUT the I-140 is not yet approved, can the person still file for the 485 under the simultaneous filing or does he have to wait till the I-140 is actually approved?
Once a I140 is filed without the I485 one has to wait for I140 approval before being eigible for filing I485
A couple of questions on the simaltaneous filing of I-140 and I-485
1) I had read somewhere that USCIS was going to stop the same. Has that happened yet?
2) Say a person has applied for the I-140 but cannot simaltaneously apply for 485 due to retrogression. In the event that the dates become current BUT the I-140 is not yet approved, can the person still file for the 485 under the simultaneous filing or does he have to wait till the I-140 is actually approved?
Once a I140 is filed without the I485 one has to wait for I140 approval before being eigible for filing I485
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dealsnet
12-01 03:30 PM
Check recent visa bulletin. Now a days, bringing spouse by Citizen and GC holders are of not much difference. Go to India and do the marriage, and come back and file I-130. December bulletin calling for August 2010 filers. Forget about H1B and F1.
Family-Based - "2A" refers to the first subcategory of the Second Preference in Family-Based Immigration category, i.e., spouses or unmarried children under age 21 of permanent residents;
INDIA
08-01-10
Family-Based - "2A" refers to the first subcategory of the Second Preference in Family-Based Immigration category, i.e., spouses or unmarried children under age 21 of permanent residents;
INDIA
08-01-10
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anurakt
12-29 08:34 PM
Hi,
I applied for H1 last year and got H1 approved for 9 months. (they counted all my stay on H4). Now H1 expired on 25th Nov and applied for H4 on 15th Nov before H1B expires.
I wants to take advantage of New memo of USCIS. Can I apply for H1B with different employer than earlier one while my H4 case is pending?
Or shall I wait until I gets H4 approval and they apply for H1B.
Please help me on this.
Thanks,
Please put this question in IV attorney call... It's complex and a new rule ...so I would suggest anyone on the forum not to speculate.
I applied for H1 last year and got H1 approved for 9 months. (they counted all my stay on H4). Now H1 expired on 25th Nov and applied for H4 on 15th Nov before H1B expires.
I wants to take advantage of New memo of USCIS. Can I apply for H1B with different employer than earlier one while my H4 case is pending?
Or shall I wait until I gets H4 approval and they apply for H1B.
Please help me on this.
Thanks,
Please put this question in IV attorney call... It's complex and a new rule ...so I would suggest anyone on the forum not to speculate.
jtp_redson
02-18 11:07 PM
Hi,
I am an International Student from India currently on F1 and in the year of 2008. I was offered an internship through my thesis advisor's reference which I accepted. I worked from 15th September 2008 to 31st December 2008. Naturally as I was on F1 I did not know all about the tax, immigration and other laws. So I got an authorization from school for that internship and received a new I-20 (CPT) with that employer's info on 3rd page of it. I worked full time and I always had an impression I was an employee(trust me I did not know any difference between W2 and 1099 that time). I was working in the company and not anywhere else.
The problem arose when in 2009 I got a 1099 MISC instead of a W2. As I did not know about it, I did not complain and I filed my taxes correctly and got my refund. If I knew, they were going to give me 1099 MISC then I would not have accepted the offer. Starting 2009 I was on payroll (W2) and this year(2010) I got W2 for 2009.
So my question to you guys is
1. Was I out of status during the time of 1099 MISC? (I did not intentionally engage in 1099 MISC as I was unaware of it)
2. As the internship was authorized by DSO (in turn Department of Homeland Security) as I received a new I-20 mentioning the employer's info. Did I do anything illegal?
3. If in future, I apply for a H1B/Greencard through an employer(same or different). Would this incident hurt me and may cause denial of I-485?
Any help would be greatly appreciated.
Thanks,
Jay
I am an International Student from India currently on F1 and in the year of 2008. I was offered an internship through my thesis advisor's reference which I accepted. I worked from 15th September 2008 to 31st December 2008. Naturally as I was on F1 I did not know all about the tax, immigration and other laws. So I got an authorization from school for that internship and received a new I-20 (CPT) with that employer's info on 3rd page of it. I worked full time and I always had an impression I was an employee(trust me I did not know any difference between W2 and 1099 that time). I was working in the company and not anywhere else.
The problem arose when in 2009 I got a 1099 MISC instead of a W2. As I did not know about it, I did not complain and I filed my taxes correctly and got my refund. If I knew, they were going to give me 1099 MISC then I would not have accepted the offer. Starting 2009 I was on payroll (W2) and this year(2010) I got W2 for 2009.
So my question to you guys is
1. Was I out of status during the time of 1099 MISC? (I did not intentionally engage in 1099 MISC as I was unaware of it)
2. As the internship was authorized by DSO (in turn Department of Homeland Security) as I received a new I-20 mentioning the employer's info. Did I do anything illegal?
3. If in future, I apply for a H1B/Greencard through an employer(same or different). Would this incident hurt me and may cause denial of I-485?
Any help would be greatly appreciated.
Thanks,
Jay
indianabacklog
09-26 04:02 PM
Does anybody know what the fees are for filing EAD (yearly) extensions if you filed for EAD, 485 before August 17.
Thanks,
$340.
It is listed on the USCIS website beside the link for the I765 form.
Thanks,
$340.
It is listed on the USCIS website beside the link for the I765 form.
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