thandan
03-17 06:07 PM
For sure, I will be consulting with an attorney, but just wanted to get as much information as possible. From what I have seen, the lawyers who reply to these posts here give some very valid points which can then be the basis of further discussions
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GotFreedom?
07-22 05:38 PM
Hi guys,
I bet this question must have been asked before but I couldn't find the relevant thread so I'm asking again. Apologies if its a repeat.
I am maintaining my H1-B while my AOS is pending. Last year my wife went to India while she had valid H4 (not stamped in passport) and AP documents. She did not get her visa stamped and reentered the country using the AP with no issues. He I-94 said Parolled till Some date, March 2009. I totally forgot about it and never renewed her AP or mine. Does it pose any kind of threat to her legal status in the US and AOS?
I am still working on H1 and she is a parolee.
Thanks in advance fopr the responses.
I bet this question must have been asked before but I couldn't find the relevant thread so I'm asking again. Apologies if its a repeat.
I am maintaining my H1-B while my AOS is pending. Last year my wife went to India while she had valid H4 (not stamped in passport) and AP documents. She did not get her visa stamped and reentered the country using the AP with no issues. He I-94 said Parolled till Some date, March 2009. I totally forgot about it and never renewed her AP or mine. Does it pose any kind of threat to her legal status in the US and AOS?
I am still working on H1 and she is a parolee.
Thanks in advance fopr the responses.
ssharma
04-27 01:36 PM
Your question has been answered at www.immigration-law.com ( advanced Q&A section). I am copy pasting :
Q-74 (04-15-2006): I had a pending RIR (EB-3) labor certification with priority date of October 2004. In November 2005, I filed PERM (EB-2) which was approved in February 2006. I filed I-140 (EB-2) right away. Now, my RIR was approved. I plan to file another I-140 based on RIR (EB-3). Can I carry over the priority date of October 2004 to EB-2? What should I do to carry over the October 2004 priority date?
A-74: The immigration regulation provides that when an alien has multiple "approved" I-140 petitions with different classifications, the alien can use the earliest priority date. This carry-over of the priority date is available regardless of difference in the occupational classifications, preference categories or employers. Unlike common misunderstanding, one cannot seek amendment of the approved I-140 petition to change the priority of a given petition. In your case, once your EB-2 I-140 petition is approved and the visa cut-off date for EB-2 for your country moves to October 2004, even if your EB-2 priority date is November 2005, you can file I-485/I-765/I-131. In filing I-485, you should attach EB-2 I-140 approval notice (original) as the underlying I-140 petition and submit a photocopy of the approved EB-3 I-140 approval notice as an evidence to prove the priority date of October 2004. Thus, EB-3 approval notice serves the sole purpose of proof of the priority date and nothing else. Once EB-3 approval notice is attached, the agency will pull out the EB-3 proceeding file to determine whether the EB-3 petition has been revoked for fraud or error. Unless such revocation is detected, the agency will keep processing your I-485, I-765, and I-131 based on the approved EB-2 I-140 petition and using the priority date of October 2004 for the purpose of determining availability of a visa number to approve I-485. This priority date transfer should not be confused with the rule of transfer of pending I-485 from one approved I-140 petition to another approved I-140 petition. Soon, the popular substitution of labor certification is expected to be eliminated, which provided a valuable means to pick up earlier priority dates. In its place, it is likely that more and more people may file multiple petitions with the same or different employers and for same or different occupations in different preference categories to take advantage of the current rule of transferability of earliest priority date among different classification of the approved I-140 petitions.
Ref: http://www.immigrationportal.com/archive/index.php/t-210170.html
Q-74 (04-15-2006): I had a pending RIR (EB-3) labor certification with priority date of October 2004. In November 2005, I filed PERM (EB-2) which was approved in February 2006. I filed I-140 (EB-2) right away. Now, my RIR was approved. I plan to file another I-140 based on RIR (EB-3). Can I carry over the priority date of October 2004 to EB-2? What should I do to carry over the October 2004 priority date?
A-74: The immigration regulation provides that when an alien has multiple "approved" I-140 petitions with different classifications, the alien can use the earliest priority date. This carry-over of the priority date is available regardless of difference in the occupational classifications, preference categories or employers. Unlike common misunderstanding, one cannot seek amendment of the approved I-140 petition to change the priority of a given petition. In your case, once your EB-2 I-140 petition is approved and the visa cut-off date for EB-2 for your country moves to October 2004, even if your EB-2 priority date is November 2005, you can file I-485/I-765/I-131. In filing I-485, you should attach EB-2 I-140 approval notice (original) as the underlying I-140 petition and submit a photocopy of the approved EB-3 I-140 approval notice as an evidence to prove the priority date of October 2004. Thus, EB-3 approval notice serves the sole purpose of proof of the priority date and nothing else. Once EB-3 approval notice is attached, the agency will pull out the EB-3 proceeding file to determine whether the EB-3 petition has been revoked for fraud or error. Unless such revocation is detected, the agency will keep processing your I-485, I-765, and I-131 based on the approved EB-2 I-140 petition and using the priority date of October 2004 for the purpose of determining availability of a visa number to approve I-485. This priority date transfer should not be confused with the rule of transfer of pending I-485 from one approved I-140 petition to another approved I-140 petition. Soon, the popular substitution of labor certification is expected to be eliminated, which provided a valuable means to pick up earlier priority dates. In its place, it is likely that more and more people may file multiple petitions with the same or different employers and for same or different occupations in different preference categories to take advantage of the current rule of transferability of earliest priority date among different classification of the approved I-140 petitions.
Ref: http://www.immigrationportal.com/archive/index.php/t-210170.html
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prioritydate
09-21 11:27 PM
What if the employer showed XXX amount on the Labor Certification, and in the offer letter, but send an offer letter to the employee for YYY, where YYY < XXX? Does the employee is still obliged to for with the employer?
more...
nozerd
01-18 12:54 PM
Only Primary applicant needs to take it for sure. Even for US immigration you could be NIW candidate but your spouse may be illiterate still she will also get GC.
pappu
08-10 03:58 PM
Thanks for your contributions.I joined IV in the 3rd week of July 2007 when I was randomly searching for information. I did my first one time contribution right on the day the great news was released on 17th July. I have started my $50 monthly starting August 2007.
I would like to mention, what made me believe that IV Core was doing a great job and that it was worth contributing was that IV Core took a lot of risk(credibility) and posted critical news well before it came on any other website. It was like; they had all the scoop before it hit mainstream lawyers or AILA websites sometimes even before it came on USCIS official website (FAQ 3)!
This shows that IV Core has got a lot stronger and they indeed are in close contact with USCIS and that with the enough funds and enough support they will surely make things happen!
Way to go IV Core!
I would like to mention, what made me believe that IV Core was doing a great job and that it was worth contributing was that IV Core took a lot of risk(credibility) and posted critical news well before it came on any other website. It was like; they had all the scoop before it hit mainstream lawyers or AILA websites sometimes even before it came on USCIS official website (FAQ 3)!
This shows that IV Core has got a lot stronger and they indeed are in close contact with USCIS and that with the enough funds and enough support they will surely make things happen!
Way to go IV Core!
more...
ingegarcia
04-03 08:46 AM
Yes that's my understanding too... if the application reaches the AINP office before April 15 then it will be considered under the current occupation list.....
Thank you ingegarcia, Just to clarify "postmarked before April 15th" means, even if the application is not yet accepted, but received by the AINP before April 15th. Could you please confirm if my understanding is correct.
Thanks
Thank you ingegarcia, Just to clarify "postmarked before April 15th" means, even if the application is not yet accepted, but received by the AINP before April 15th. Could you please confirm if my understanding is correct.
Thanks
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Berkeleybee
04-07 09:03 PM
About the appeasability of Sensenbrenner check out :
http://immigrationvoice.org/forum/showpost.php?p=7445&postcount=168
My favorite bit is the one in where the article says about Sensenbrenner
"Senate Democrats were also afraid that a half-baked Senate measure would be ripped apart in conference by Jim Sensenbrenner, the House negotiator who in past conferences has eaten senators for breakfast and cleaned his teeth with their bones."
I very much doubt that he will be swayed by faxes. ;-)
best,
Berkeleybee
http://immigrationvoice.org/forum/showpost.php?p=7445&postcount=168
My favorite bit is the one in where the article says about Sensenbrenner
"Senate Democrats were also afraid that a half-baked Senate measure would be ripped apart in conference by Jim Sensenbrenner, the House negotiator who in past conferences has eaten senators for breakfast and cleaned his teeth with their bones."
I very much doubt that he will be swayed by faxes. ;-)
best,
Berkeleybee
more...
kaisersose
05-07 01:27 PM
Also, keep in mind that CIS has said they are coming out with a regulation on AC21 sometime soon. There is no telling how favorable that will be.
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2BeeNot2Bee
10-13 10:08 PM
How about spiderman style? Undies outside
you mean Superman or Spiderman?:D
you mean Superman or Spiderman?:D
more...
puskeygadha
12-03 10:22 AM
thanks so much guys
my labor is in bpc
I still have 18 months in H1B. but after I get my I140 I will switch
if I feel that I cant file 485 for a while
my labor is in bpc
I still have 18 months in H1B. but after I get my I140 I will switch
if I feel that I cant file 485 for a while
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srkamath
08-05 06:15 PM
It is illegal for the foreign employee to pay or to reimburse the employer (or even agree to a reduced salary) to cover the costs of the foreign labor certification process. There are no exceptions to this - there is no varied interpretation either. The labor certification will be denied or revoked if the foreign applicant had any role to play in the recruitment process.
Disclaimer - This is my understanding, i'm not a lawyer.
Disclaimer - This is my understanding, i'm not a lawyer.
more...
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jasmin45
02-26 10:55 AM
Congratulations on your GC. Yes, tell your sister to send you the GC by mail. Once you get it, you can get back into the U.S. using your GC. I know few people who have done this. Good luck.
The above said is correct only if you have an approved AP with you.
The above said is correct only if you have an approved AP with you.
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FKFish
01-31 11:44 AM
What if my 485 gets approved as soon as my PD becomes current, and before my wife's 485 filed? Will it be fine as along as our married date is before the approval date?
more...
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hibworker
03-28 01:30 PM
Can anyone please respond? What should I do?
You really need to provide the contract letter that has been asked for. I can't think of any work around to this. It is becoming increasingly common to reject H1 for consultants working at client site where they are not managed by their employer.
You really need to provide the contract letter that has been asked for. I can't think of any work around to this. It is becoming increasingly common to reject H1 for consultants working at client site where they are not managed by their employer.
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STAmisha
11-15 12:42 PM
You dont need a new H1 to come back to USA from Canada.All you need it is a valid I-94 and I-797. Dont surrender the I-94 at the border. This rule is called automatic revalidation rule.
more...
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quick
December 24th, 2004, 10:24 PM
The quality sucks (I have a Motorola V710 w/1MP camera - it is at best slightly worse than the 1MP point and shoot Epson I had in 1997) and has less than zero low light capability... but I carry my phone everywhere.... int he upper right of my blog (http://threefourfive.com) is a secion called moblog that has the latest photo I've sent to my blog - you can click on that and get to a gallery of all the photos I've sent to it (videos too)... it's only 8 clicks to send a photo and have it auto posted to my blog... nice for super quick snapshots of my kid or something for my mom to see.
-dq
-dq
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bluez25
07-15 01:09 PM
All,
Chennai Consulate has released the August appointment schedule on their site.
http://chennai.usconsulate.gov/uploads/images/K4oeM-zL_hPooV2orVvylA/ivappoint0808.pdf
I got an appointment too.. yahoooooooooo...
Chennai Consulate has released the August appointment schedule on their site.
http://chennai.usconsulate.gov/uploads/images/K4oeM-zL_hPooV2orVvylA/ivappoint0808.pdf
I got an appointment too.. yahoooooooooo...
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GCwaitforever
11-06 11:58 AM
I would suggest you to switch jobs and complain to USCIS right away instead of waiting for company A to take some action against you. This will keep the company under scrutiny of USCIS and they can unearth more mud on this company. Never put up with injustice as this encourages company A to do more of this to other employees.
TeddyKoochu
01-06 09:11 AM
Please advise if 5.5+ years of experience and an Advanced degree in Electronics would qualify me for porting me from EB2 to EB1. I have been waiting to file for my I-140 over an year now but things aren't looking anywhere near to it.
So just wanted to understand if this was even legally possible.
Even I have a very similar question. I have bachelors in engineering from a prominent college in India with almost 10 Years of work experience in IT. My EB2 I140 is approved but I have not been able to apply for I485 as I missed the July 07 window. Please advise if there is a possibility that I can apply for EB1-A. I understand that EB1-B requires a PhD. and EB1-C requires the current / future job to have a global /mnc managerial profile so Iam not eligible for that, I do have managerial experienece from my previous job / positions in India. Please advice if EB1-A also mandates a research profile or can professionals not having a research background also apply. I believe that EB1-A is a self application not a company application. Really appreciate some valued advice.
So just wanted to understand if this was even legally possible.
Even I have a very similar question. I have bachelors in engineering from a prominent college in India with almost 10 Years of work experience in IT. My EB2 I140 is approved but I have not been able to apply for I485 as I missed the July 07 window. Please advise if there is a possibility that I can apply for EB1-A. I understand that EB1-B requires a PhD. and EB1-C requires the current / future job to have a global /mnc managerial profile so Iam not eligible for that, I do have managerial experienece from my previous job / positions in India. Please advice if EB1-A also mandates a research profile or can professionals not having a research background also apply. I believe that EB1-A is a self application not a company application. Really appreciate some valued advice.
youngindia
06-08 01:27 AM
Its not abt H1-B abuse, its abt the way it was brought up. Instead of looking into his own house (USCIS and DOL) Sen.Durbin held Indian companies responsible and almost started bashing them. Little did he anticipate that they will come back in this way.
H1-B abuse is a different issue. Sen. Durbin should have looked into rulemaking part of the game than bashing players of the game.
When the US was instrumental in doing WTO negotiations during late 90's (BTW-your's truely grew up during that period witnessing this through newspaper articles - was an exact reversal of roles played by India and US then)they never realized that globalizing markets would lead to globalizing labor market also. Now, IT has become a virtual industry with a pretty much open labor market. Professionals making Rs.50000 ($1200) are competing with those making $5000 a month. US politicians made a classic judgement error in 90's. Now, protectionist measures are being brought in by the very same people who championed globalization for a decade.
The letter puts things in perspective for sen. Durbin. It seems to carry a veiled warning about backlash of these protectionist measures on the US companies doing business in India. Starting from McDonalds,subway,coke (now even Walmart) to Ford, GM, IBM, Pfizer, Merck, Novartis, Abott, J&J, JP Morgan, Bank of America and many more have huge business interests in India. The size of Indian market totals upto atleast 0.8 billion human individuals with need for housing, auto, computers, electronics, healthcare, finance, consumer products etc. Losing an inch of it can make an international co. nervous.
As far as Indian consumers go they now have options- British, German, Japanese, French and now even the Indian companies.
Durbin tried to scare a cat, unfortunately for him it turned out to be a big wild cat- aTiger.
H1-B abuse is a different issue. Sen. Durbin should have looked into rulemaking part of the game than bashing players of the game.
When the US was instrumental in doing WTO negotiations during late 90's (BTW-your's truely grew up during that period witnessing this through newspaper articles - was an exact reversal of roles played by India and US then)they never realized that globalizing markets would lead to globalizing labor market also. Now, IT has become a virtual industry with a pretty much open labor market. Professionals making Rs.50000 ($1200) are competing with those making $5000 a month. US politicians made a classic judgement error in 90's. Now, protectionist measures are being brought in by the very same people who championed globalization for a decade.
The letter puts things in perspective for sen. Durbin. It seems to carry a veiled warning about backlash of these protectionist measures on the US companies doing business in India. Starting from McDonalds,subway,coke (now even Walmart) to Ford, GM, IBM, Pfizer, Merck, Novartis, Abott, J&J, JP Morgan, Bank of America and many more have huge business interests in India. The size of Indian market totals upto atleast 0.8 billion human individuals with need for housing, auto, computers, electronics, healthcare, finance, consumer products etc. Losing an inch of it can make an international co. nervous.
As far as Indian consumers go they now have options- British, German, Japanese, French and now even the Indian companies.
Durbin tried to scare a cat, unfortunately for him it turned out to be a big wild cat- aTiger.
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