ramhs
02-06 07:43 PM
I was reading through a thread here where someone said that since LC substition will be banned soon and 140 will have to be applied within 45 days of labor approval else LC becomes invalid, so it would not be possible to transfer the priority date of a old LC which has I140 approved to a new LC that could be filed in another category since it would be more than 45 days since the old LC was approved. Is this true, if yes, this is the final blow to those apirants in Eb3 aspiring to transfer PD by reapplying in Perm Eb2 and transferring PD based on approved I140. Please respond with comments. Thanks.
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deepimpact
09-21 11:50 AM
I am sure anybodywho has a concept of fairness understands Eb3 candidate waiting for 5 years deserves to be in Eb2 just by definition of Eb2 and he is not taking any new job which means he is not displacing any new american worker.
Per the current Labor laws, you cannot use experience gained from same employer in PERM certification unless job changes by 50%. And if the job changes by 50% then it is a new Job and you are replacing a potential American worker. And if you are still doing the same job, then even though you have gained 5 yrs experience, your job requirements did not change(ie B.S + no experience). The EB category is determined based on what is the requirement for your job rather than your qualifiction.
That is why the provision of porting is a case by case item rather than a blanket rule applying to anyone in EB3 for 5+ years. And the backlash won't be from a few EB2 folks (it will be about a 100K folks).;)
Per the current Labor laws, you cannot use experience gained from same employer in PERM certification unless job changes by 50%. And if the job changes by 50% then it is a new Job and you are replacing a potential American worker. And if you are still doing the same job, then even though you have gained 5 yrs experience, your job requirements did not change(ie B.S + no experience). The EB category is determined based on what is the requirement for your job rather than your qualifiction.
That is why the provision of porting is a case by case item rather than a blanket rule applying to anyone in EB3 for 5+ years. And the backlash won't be from a few EB2 folks (it will be about a 100K folks).;)
amenon
05-01 05:38 PM
Hi,
Note: I have already posted this on the "Ask an attorney" forum, but I would also like some input from the experts here.
Thanks.
Onto the issue:
My wife(on H4, no 485 filed) is going to be out of the US for the next couple of months and I need to know the effect of my 485 PD becoming current (and approved) during this time. The following are the details of the situation.
My 485 is pending with a PD of Dec 06 and I am on an H1B visa. The 485 was filed before I got married, so my wife is currently on an H4 and has not been able to file her I485. She will be traveling outside the US for the next couple of months. From the visa bulletins I have been seeing over the last couple of months, it looks like there is a slim chance that my PD will be current.
One of the options as I understand is that she could travel back as soon as the PD's are announced and if we know that the PD will be current in the next month. At this point she could file her I485.
My question is about what the options are if she is unable to make it back to the US in time. i.e. she is outside the US and my I485 is approved which means she cannot travel back on the H4 (as its not valid). What are the timelines we will have to deal with if she has to stay outside the US to have her I485 equivalent filed through a consulate? Is there anyway she can travel to the US once my 485 is approved?
Thanks.
Note: I have already posted this on the "Ask an attorney" forum, but I would also like some input from the experts here.
Thanks.
Onto the issue:
My wife(on H4, no 485 filed) is going to be out of the US for the next couple of months and I need to know the effect of my 485 PD becoming current (and approved) during this time. The following are the details of the situation.
My 485 is pending with a PD of Dec 06 and I am on an H1B visa. The 485 was filed before I got married, so my wife is currently on an H4 and has not been able to file her I485. She will be traveling outside the US for the next couple of months. From the visa bulletins I have been seeing over the last couple of months, it looks like there is a slim chance that my PD will be current.
One of the options as I understand is that she could travel back as soon as the PD's are announced and if we know that the PD will be current in the next month. At this point she could file her I485.
My question is about what the options are if she is unable to make it back to the US in time. i.e. she is outside the US and my I485 is approved which means she cannot travel back on the H4 (as its not valid). What are the timelines we will have to deal with if she has to stay outside the US to have her I485 equivalent filed through a consulate? Is there anyway she can travel to the US once my 485 is approved?
Thanks.
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kuhelica2000
08-17 05:31 PM
My wife had traveled with Emirates via Dubai last year on AO. No issues at all. This year we are thinking for flying Etihad as they are offering better price. Does anyone have any experience with Etihad airlines with AP?
more...
thakkarbhav
11-17 01:10 PM
Yes but sometimes if your H1B approval take more time then you can take H1B receipt to get few months extension.
WaitingUnlimited
09-21 02:31 AM
I am not an attorney but I was in almost similar situation.
1) You may get the priority date if you have the I140 copy. Some people say that even if you have lean no of I140 may be sufficient. As per law, priority date can be ported only if I140 is not canceled. But I read one article from an attorney which said that there is a circular in USCIS which advised officers to port the priority date if there is a I140 copy attached to I140 petition.
2) You can extend your H1 beyond 6th year if your GC labor PERM stage is pending atleast 365 days prior to your 6th year ending. You will get one year extension if PERM is pending and 3 years extension if I140 is approved
3) I think this is tricky, you can transfer only if new employer has filed for PERM and got an approval. I am not fully sure about it.
1) You may get the priority date if you have the I140 copy. Some people say that even if you have lean no of I140 may be sufficient. As per law, priority date can be ported only if I140 is not canceled. But I read one article from an attorney which said that there is a circular in USCIS which advised officers to port the priority date if there is a I140 copy attached to I140 petition.
2) You can extend your H1 beyond 6th year if your GC labor PERM stage is pending atleast 365 days prior to your 6th year ending. You will get one year extension if PERM is pending and 3 years extension if I140 is approved
3) I think this is tricky, you can transfer only if new employer has filed for PERM and got an approval. I am not fully sure about it.
more...
nogc_noproblem
06-27 03:58 PM
Paper based. Sent on May 5th to NSC.
Can you please provide below details
when did u file for your EAD renewal? Is it e-file or paper based file? what is the service center?
Can you please provide below details
when did u file for your EAD renewal? Is it e-file or paper based file? what is the service center?
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msp1976
12-22 02:02 PM
What happens in someone is not at the address and he does not receive any communication regarding the jury duty.
Well...If the judge happens to get enough jurors at the time he/she might not issue an arrest warrant ....If the judge issues the arrest warrant and the local police cannot find you, the warrant just sits there....There is a national database for outstanding warrants...When someone gets caught doing something else, they look up for the outstanding warrants..Then I guess they would hand you over to the police where there is an outstanding warrant for you. Otherwise the warrant just sits there..You would need to explain to the judge that you are not eligible for jury duty and explain the situation and the judge might expunge the record.....You would spend some hard earned money doing that...
The whole thing might degenerate into 'My Cousin Vinny'.
You should always forward your mail...Don't get caught doing something stupid either...That is a good advice for always.....
I don't think that the immigration people look into the outstanding warrants...
Well...If the judge happens to get enough jurors at the time he/she might not issue an arrest warrant ....If the judge issues the arrest warrant and the local police cannot find you, the warrant just sits there....There is a national database for outstanding warrants...When someone gets caught doing something else, they look up for the outstanding warrants..Then I guess they would hand you over to the police where there is an outstanding warrant for you. Otherwise the warrant just sits there..You would need to explain to the judge that you are not eligible for jury duty and explain the situation and the judge might expunge the record.....You would spend some hard earned money doing that...
The whole thing might degenerate into 'My Cousin Vinny'.
You should always forward your mail...Don't get caught doing something stupid either...That is a good advice for always.....
I don't think that the immigration people look into the outstanding warrants...
more...
fromnaija
07-09 11:13 AM
Sorry to burst your bubble but that list is sorted alphabetically.
B'lore is the second choice for people to work outside USA. wow that is great to know.
Cities:
* Amsterdam, the Netherlands
* Bangalore, India
* Dubai, United Arab Emirates
* Dublin, Ireland
* Hong Kong, China
* Kiev, Ukraine
* New Delhi, India
* Paris, France
* San Jose, Costa Rica
* Sao Paulo, Brazil
* Shanghai, China
* Tel Aviv, Israel
B'lore is the second choice for people to work outside USA. wow that is great to know.
Cities:
* Amsterdam, the Netherlands
* Bangalore, India
* Dubai, United Arab Emirates
* Dublin, Ireland
* Hong Kong, China
* Kiev, Ukraine
* New Delhi, India
* Paris, France
* San Jose, Costa Rica
* Sao Paulo, Brazil
* Shanghai, China
* Tel Aviv, Israel
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jthomas
01-08 07:10 AM
Logically, one cannot do a job when they are in H4 visa. But if you are keen on doing a business in H4 visa, check the county rules. I don't think some countys are strict on the status of immigration.
more...
IAspire
02-21 12:09 AM
Please help....
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needhelp!
11-13 09:29 AM
> > apostrophe IS OUR 100TH MEMBER < <
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factoryman
06-22 12:33 PM
be aware. All these PDF editing tools leave a watermark - "Draft" or "Trial Version".
They are totally useless.
Earlier trial Adobe 7.0 Professional did give edit and save. Not 8.0
Bottonline: don't waste time or by 8.0 for USD 1800 or so. Or use one who has PDF editors (Admins etc)
They are totally useless.
Earlier trial Adobe 7.0 Professional did give edit and save. Not 8.0
Bottonline: don't waste time or by 8.0 for USD 1800 or so. Or use one who has PDF editors (Admins etc)
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talduk
March 24th, 2005, 01:21 AM
Hi all,
Few days ago I purchased a new D-100 in Hong Kong. After taking the first few shots, I encountered a problem. When pressing the shutter it seems that the shutter is opening but stays open and woun't close. An "Error" notice appear and only after several times of pressing the shutter button it sounds like it is closing. After such few times, I pressed it again - trying to get a photo, the shutter opened up and didn't close. The "Error" notice is up again and now nothing seems to help, not even shutting the camera.
Please please advice. :(
Few days ago I purchased a new D-100 in Hong Kong. After taking the first few shots, I encountered a problem. When pressing the shutter it seems that the shutter is opening but stays open and woun't close. An "Error" notice appear and only after several times of pressing the shutter button it sounds like it is closing. After such few times, I pressed it again - trying to get a photo, the shutter opened up and didn't close. The "Error" notice is up again and now nothing seems to help, not even shutting the camera.
Please please advice. :(
more...
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Libra
08-22 08:05 PM
dean and kadarm welcome to IV, we are very much active and we are glad you guys contacted. so far 5 members voted to join in bus, other flying. so i request you guys to join us in the bus if not have any problem.
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krishnam70
06-11 05:13 PM
Dear Viewers
Could anyone please advice me on how to claim the unpaid salary from the previous employers.
I was working for a company based in Michigan run by an Indian. This person did not pay me my last month salary. He does not pick up his phone or respond to my email. I have all the proof that my client has paid him the money for which I worked but he continue to ignore my request. This guy owes me around 5000 dollars.
Any piece of advice would be of great help.
1. Send an email to the employer
2. Send a letter with a proof of delivery and signature stating your case and that you need to be paid and reminding him/her of their legal obligation and give them 7-10 days to comply failing which you will report to DOL.
3. If you have not received your dues, complain to your DOL immediately
I assume that your legal status is not compromised by doing the above and you have a backup for maintaining your legal status in case the employer comes back at you by canceling your H1 etc.
- cheers
kris
Could anyone please advice me on how to claim the unpaid salary from the previous employers.
I was working for a company based in Michigan run by an Indian. This person did not pay me my last month salary. He does not pick up his phone or respond to my email. I have all the proof that my client has paid him the money for which I worked but he continue to ignore my request. This guy owes me around 5000 dollars.
Any piece of advice would be of great help.
1. Send an email to the employer
2. Send a letter with a proof of delivery and signature stating your case and that you need to be paid and reminding him/her of their legal obligation and give them 7-10 days to comply failing which you will report to DOL.
3. If you have not received your dues, complain to your DOL immediately
I assume that your legal status is not compromised by doing the above and you have a backup for maintaining your legal status in case the employer comes back at you by canceling your H1 etc.
- cheers
kris
more...
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zoozee
08-15 01:57 AM
Greencard fever -why take so much pain with your gc when you plan to rellocate to india/currently its even hard to predict when can one receive the gc. One can always visit US on tourist visa which is the most easy part. My opinion is only if one does not want to settle in US -
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PavanV
08-08 06:32 PM
To hell with the checks and all, if you are all legit, there is absolutely no need to worry, people are ready to go back and not rot with this economy, increasing this intrusive checks will make people more averse towards H1 , which might help the local folks finds jobs, but it will adversely impact the economy of this country. I guess it has to be this way.
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raysaikat
07-13 02:36 AM
Hi Raysakat
Thanks for the quick and helpful reply. Just to clarify a bit more, can i still file for I-140 with her being primary(as cross chargibility is applied)
You need to be the primary applicant in the I-140 (I am assuming that you are the one whose employer is filing I-140). Then you can use either spouse's country of birth for chargeability (which in your case would be UAE) for I-485 (I-485's are individual: for her I-485, she will use her country of birth; for your I-485, you will use your spouse's country of birth).
while she is on F1 or wold it lead to conflict in visa status?
As I said, once I-485 is filed for her, I believe that her F1 status would cease to exist and her status will become AOS. But you need to get confirmation from a lawyer on that.
SHe does not exits on my PERM application, but she is currently with me on H4, suggesting her intent to immigrate with my PERM application
Thanks
Not sure what you mean. If the PERM application asked you to list your dependents, and if you were married that time, you must have put her name as a dependent.
As for immigration intent: H visa is dual intent. I think she would be fine until I-485 is submitted on her behalf. If she enters the country on F1 visa (therefore expressing non-immigration intent), then it may be wise to wait for 60-90 days after the date of admission before submitting I-485 (and hence expressing immigration intent). I do not know what are the rules/precedence if she changes status in the country and does not travel.
Thanks for the quick and helpful reply. Just to clarify a bit more, can i still file for I-140 with her being primary(as cross chargibility is applied)
You need to be the primary applicant in the I-140 (I am assuming that you are the one whose employer is filing I-140). Then you can use either spouse's country of birth for chargeability (which in your case would be UAE) for I-485 (I-485's are individual: for her I-485, she will use her country of birth; for your I-485, you will use your spouse's country of birth).
while she is on F1 or wold it lead to conflict in visa status?
As I said, once I-485 is filed for her, I believe that her F1 status would cease to exist and her status will become AOS. But you need to get confirmation from a lawyer on that.
SHe does not exits on my PERM application, but she is currently with me on H4, suggesting her intent to immigrate with my PERM application
Thanks
Not sure what you mean. If the PERM application asked you to list your dependents, and if you were married that time, you must have put her name as a dependent.
As for immigration intent: H visa is dual intent. I think she would be fine until I-485 is submitted on her behalf. If she enters the country on F1 visa (therefore expressing non-immigration intent), then it may be wise to wait for 60-90 days after the date of admission before submitting I-485 (and hence expressing immigration intent). I do not know what are the rules/precedence if she changes status in the country and does not travel.
leo2606
08-19 06:17 PM
You can print them from the following location.
http://immigrationvoice.org/forum/sh...ad.php?t=12233
Can that flyer / poster be made available to other here?
I was thinkining of posting it in indian stores etc...
http://immigrationvoice.org/forum/sh...ad.php?t=12233
Can that flyer / poster be made available to other here?
I was thinkining of posting it in indian stores etc...
lskreddy
12-11 02:24 PM
Not that this should trump any of the above answers coz there could be context behind these that I don't understand. I had asked these same questions to Prashanthi Reddy, the lawyer who volunteers here at IV.
Can one apply for an EAD while they are out of the country?-NO
Can one travel when AP is pending?-YES AS LONG AS THIS IS AN EMPLOYMENT BASED CASE AND YOU CAN COME BACK TO DO BIOMETRICS WHEN NECESSARY
Can one travel when EAD is pending?-YES
Can one apply for an EAD while they are out of the country?-NO
Can one travel when AP is pending?-YES AS LONG AS THIS IS AN EMPLOYMENT BASED CASE AND YOU CAN COME BACK TO DO BIOMETRICS WHEN NECESSARY
Can one travel when EAD is pending?-YES
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