chanduv23
03-16 02:03 PM
I work for an India based company that has operations in US. I have been travelling back and forth between India and US for about 8 years now. I am currently in US. My labor got approved this January (PD 7/2004) and my company has filed I140 soon after that. I still have 2+ years on my H1B. I am having to transfer back to India soon and shall be based in India for more than a year. What are the considerations if one has to return back to his/her country after I140 is filed? What is the impact on whole GC process? You response is appreciated.
Thanks.
As long as ur company proceeds with your GC process, you are still in the process. You can always get a h1b extension as you have a approved 140. Unless your company decided that they don't proceed with your GC, you are still in line for GC
Thanks.
As long as ur company proceeds with your GC process, you are still in the process. You can always get a h1b extension as you have a approved 140. Unless your company decided that they don't proceed with your GC, you are still in line for GC
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Stan09
03-24 02:56 AM
Hello all,
If my GC is approved, is my employer bound by obligation he gave to USCIS when he filed I140 petition?
I mean, in I140 employer explicitly stated my future wage, it is 20% higher then wage I am getting from him while I am on H1B.
Say, my GC is approved and employer refuses to raise my wage to match the amount given in I140. Is there any way to make him stick to this obligation? Like, complaining to DOL, or where else? And if I complain, can it affect validity of my GC?
The problem is after GC I have to stay with this employer for another 6 months to avoid possible complications in future applying for citizenship. If I just quit and take another job - that will make a possible problem in the future; but if he lays me off, then I am fine. But he does not want to lay me off, and does not want to keep his promise. Any ideas?
If my GC is approved, is my employer bound by obligation he gave to USCIS when he filed I140 petition?
I mean, in I140 employer explicitly stated my future wage, it is 20% higher then wage I am getting from him while I am on H1B.
Say, my GC is approved and employer refuses to raise my wage to match the amount given in I140. Is there any way to make him stick to this obligation? Like, complaining to DOL, or where else? And if I complain, can it affect validity of my GC?
The problem is after GC I have to stay with this employer for another 6 months to avoid possible complications in future applying for citizenship. If I just quit and take another job - that will make a possible problem in the future; but if he lays me off, then I am fine. But he does not want to lay me off, and does not want to keep his promise. Any ideas?
ramaonline
07-27 09:54 PM
AFAIK, to switch to consular processing, you may need to withdraw the I485 and file an amended I140 indicating Consular processing. Please confirm with an attorney
There was a post on the attorney forum with some additional information
It is certainly possible to continue the green card process in your situation. The key requirement is that once your PD becomes current you MUST have a full time permanent job offer in the US, which you intend to accept.
If you abandon your I-485 and pursue consular processing, that position MUST be in the same position and with the same employer that obtained your labor certification. AC-21 DOES NOT APPLY TO CONSULAR PROCESSING. If you maintain either your A/P validity or H-1 visa validity, as long as the position is in the "same or similar occupation", it can be with any US employer.
Keep in mind that even if your family ends up abandoning their I-485's, as long as you do not abandon your I-485 they will be able to "follow to join" you once your AOS is granted.
Also keep in mind the possibility of EB-1 eligibility if your position with the new company can be characterized as managerial or executive and you are able to secure a transfer back to the US in a managerial or executive position after working in India for at least one year.
There was a post on the attorney forum with some additional information
It is certainly possible to continue the green card process in your situation. The key requirement is that once your PD becomes current you MUST have a full time permanent job offer in the US, which you intend to accept.
If you abandon your I-485 and pursue consular processing, that position MUST be in the same position and with the same employer that obtained your labor certification. AC-21 DOES NOT APPLY TO CONSULAR PROCESSING. If you maintain either your A/P validity or H-1 visa validity, as long as the position is in the "same or similar occupation", it can be with any US employer.
Keep in mind that even if your family ends up abandoning their I-485's, as long as you do not abandon your I-485 they will be able to "follow to join" you once your AOS is granted.
Also keep in mind the possibility of EB-1 eligibility if your position with the new company can be characterized as managerial or executive and you are able to secure a transfer back to the US in a managerial or executive position after working in India for at least one year.
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thakkarbhav
08-10 04:19 PM
Looks like it is mistake. Is it your second FP appt? It is possible that they already have FP with them and I 140 and I 485 both approved on the same date - within an hour difference.
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amsgc
07-03 01:46 AM
My attorney is encouraging me to take part in the proposed AILF Class Action Lawsuit against the Government by submitting I-485 to USCIS knowing that its going to be rejected. Anyone decided on this? What are the pros and cons? If there is a favorable outcome, I-485 may be accepted at that time (months? / years?). But here is my big concern: if I am a part of that lawsuit, my 485 may be considerably delayed (my PD is Feb 2005) ! I am aware that IV is encouraging lawsuit too. Any comments?
My question is, how long is the lawsuit, and what happens to your case if your pd becomes current? Will USCIS process your case if your are embroiled in a lawsuit, or will they wait till the lawsuit is over?
My question is, how long is the lawsuit, and what happens to your case if your pd becomes current? Will USCIS process your case if your are embroiled in a lawsuit, or will they wait till the lawsuit is over?
ChainReaction
02-19 11:02 AM
As far as I know priority date can ony be transfered when the I-140 is approved. Go ahead and get both I-140 approved and use the earlier date towards the new one at the time of filing of I-485.
Thanks for the reply
Thanks for the reply
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sw33t
08-01 06:14 PM
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jackhardy
02-03 10:37 AM
After seeing the State of The Union Speech I wrote to the President about green card processing delays and immigration reform.
I would recommend you all do the same.
Hoping he reads at-least one of our letters and show some mercy + change!
The address to mail is:
The White House
1600 Pennsylvania Avenue NW
Washington, DC 20500
Thanks!
I would recommend you all do the same.
Hoping he reads at-least one of our letters and show some mercy + change!
The address to mail is:
The White House
1600 Pennsylvania Avenue NW
Washington, DC 20500
Thanks!
more...
zeus124
02-13 10:31 PM
I had filed for H1-B extension in December. I work for a TARP company. With the new restrictions on hiring H1-B workers in TARP firms, is this likely to affect my extension filing, especially since my employer had layoffs recently?
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redgreen
11-17 12:01 PM
To my knowledge they consider the salary you were getting in the last one year to calculate UI benefits. If you are applying one year after the job loss, chances that you get anything is very low.
Anybody who is eligible to work in US and has enough work credit can apply for unemployment insurance benefits. I think, USCIS will know about this but sending RFE to people about this is not feasible.
Anybody who is eligible to work in US and has enough work credit can apply for unemployment insurance benefits. I think, USCIS will know about this but sending RFE to people about this is not feasible.
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tranquilram
02-22 12:24 PM
I'm in a similar boat......
You can file after April 10 (six months to October 10), correct?
Are you planning to get your visa stamped while your are in India? The earliest date to appear for visa stamping is 90 days before the visa start date. I dont know if this rule is very strict or applicable in this case.
You can file after April 10 (six months to October 10), correct?
Are you planning to get your visa stamped while your are in India? The earliest date to appear for visa stamping is 90 days before the visa start date. I dont know if this rule is very strict or applicable in this case.
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sanju
09-05 01:25 PM
I am sorry if this has been asked 100 times before and would appreciate if someone can provide a linky.
Is it okie to have gap between AP renewals or is it a problem?
Thanks
-p
It is ok to have gap between AP renewals even when you are using EAD as work authorization. You are ok if did not apply for AP during the entire I-485 wait time, even if you are using EAD or used AC21 to change employer. You need valid AP only on the day you leave US, period of stay outside of US and the date you enter back into US when waiting for I-485 approval. In the same manner, you need not even apply for EAD if you do not plan to use EAD card or the gaps between EAD period is also ok as long as you are not using EAD as your work authorization, and you have other work authorization like valid H1/J1.
EAD & AP are just like Add-ons to your computer. They are not mandatory, but you definately want them at the time you want to use them.
Hope this answers your question.
Is it okie to have gap between AP renewals or is it a problem?
Thanks
-p
It is ok to have gap between AP renewals even when you are using EAD as work authorization. You are ok if did not apply for AP during the entire I-485 wait time, even if you are using EAD or used AC21 to change employer. You need valid AP only on the day you leave US, period of stay outside of US and the date you enter back into US when waiting for I-485 approval. In the same manner, you need not even apply for EAD if you do not plan to use EAD card or the gaps between EAD period is also ok as long as you are not using EAD as your work authorization, and you have other work authorization like valid H1/J1.
EAD & AP are just like Add-ons to your computer. They are not mandatory, but you definately want them at the time you want to use them.
Hope this answers your question.
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lazycis
01-26 07:51 AM
my wife is US citizen , applied for permanent residency (green card) almost 6 months back , my interview was 2 days back, everything went thru alrite, the immigration officer said at the end of interview , " your case been aproved, but we did not get the background chk from FBI , as soon as we get it we are going to mail you the green card "
is this normal? i checked "case status' on USCIS website, they still have some update from 4 months back ...
plz help, hope i posted in the right sub-forum this time..
I have a friend who is stuck in background check for 2+ years (same situation, a spouse of a US citizen). Hope it won't happen to you! Not much you can do now, just wait. If you do not get any response within a year, consider suing the USCIS (that's what my friend is doing).
is this normal? i checked "case status' on USCIS website, they still have some update from 4 months back ...
plz help, hope i posted in the right sub-forum this time..
I have a friend who is stuck in background check for 2+ years (same situation, a spouse of a US citizen). Hope it won't happen to you! Not much you can do now, just wait. If you do not get any response within a year, consider suing the USCIS (that's what my friend is doing).
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blacktongue
11-01 01:35 PM
I heard that only applicants who are current are considered as backlogged - is this true?
Applicants who are not current - which statistical group do they belong to?
You are correct. Is USCIS definition to show less numbers on their graphs.
Applicants who are not current - which statistical group do they belong to?
You are correct. Is USCIS definition to show less numbers on their graphs.
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jack
10-31 09:47 PM
Hi all,
My wife has MSc in Comp and has work experience of 2 yrs as a programmer in India. She came last year on F2 and applied for H1 this year but She didn't get selected in the lottery. Someone told her that she can apply for jobs in universities and they do H1 (no cap).
Can someone tell us that this is true? and also suggest us where else can she try looking for jobs? Are all the Not-for-Profit organizations same in terms of doing H1 (no cap)?
I appreciate any suggestions and thanks in advance.
My wife has MSc in Comp and has work experience of 2 yrs as a programmer in India. She came last year on F2 and applied for H1 this year but She didn't get selected in the lottery. Someone told her that she can apply for jobs in universities and they do H1 (no cap).
Can someone tell us that this is true? and also suggest us where else can she try looking for jobs? Are all the Not-for-Profit organizations same in terms of doing H1 (no cap)?
I appreciate any suggestions and thanks in advance.
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immilaw
09-13 01:08 PM
Starting April 1st, only two Service Center are responsible for all the I-140's, Nebraska & Texas. All I-140's are filed with Nebraska Service Center. Nebraska keeps some of the petitoins and transfers the others to Texas. The ones that NSC keeps has a receipt number starting with LIN whereas the ones that are transfered to TX has the receipt number starting with SRC. So even though the petition might be filed with NSC, chances are it might be approved sonner if it goes to TXSC. Nebraska is taking 4-5 months to approve a petition whereas TX approves it in 15-25 days.
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gcisadawg
04-24 12:35 PM
Thank you very much for quick response. My wife has NO stamping in the passport but we have AP. Do you think a copy of I797 will be OK at POE?
Thank you very much!
If you have AP, I dont see an issue. Just take a copy of your I-485 and I-797...That should be enough....Also quickly print your last two paychecks.
I travelled with AP and a copy of I-485 receipt....Nothing else....
Best wishes
GCisaDawg
Thank you very much!
If you have AP, I dont see an issue. Just take a copy of your I-485 and I-797...That should be enough....Also quickly print your last two paychecks.
I travelled with AP and a copy of I-485 receipt....Nothing else....
Best wishes
GCisaDawg
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AabTuAgaGC
01-25 03:33 PM
Do you need a valid H-1B status if your H-1B stamp has expired. I don't have any H-1B stamp on my passport and my H-1B status (I-797) will expire on February 14th, 2008. I will then switch to EAD. I am traveling on Feb 23rds, 2008 (Chicago->JFK->Dubai-Pakistan).
So, do i still need a valid H-1B status even though, i will be traveling back on AP?
So, do i still need a valid H-1B status even though, i will be traveling back on AP?
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sankap
07-25 03:34 PM
She definitely would have issues if plan to travel in TN visa. TN visa is not supposed to have any immigration intent.
The best thing to do is change her status to parolee and start working using EAD. There is no reason for her to continue in TN status, after filing 485.
-Morchu
I agree w/ Morch: TN, unlike H1B, is not a dual-intent visa. Change to EAD/AP.
The best thing to do is change her status to parolee and start working using EAD. There is no reason for her to continue in TN status, after filing 485.
-Morchu
I agree w/ Morch: TN, unlike H1B, is not a dual-intent visa. Change to EAD/AP.
martinvisalaw
09-10 12:52 PM
The withdrawal of the H-1B is not really what decides whether you are out of status. Presumably the former employer withdrew because you no longer work there. In that case, you have been out of status since you came off payroll.
However, if there is only a short gap between your last paystub and when the new company files the H-1B, you could still be approved for a change of employer and extension. You should discuss with the lawyer preparing the new H-1B.
You should not be subject to the cap in any case, since you were already counted towards the cap within the past 6 years.
However, if there is only a short gap between your last paystub and when the new company files the H-1B, you could still be approved for a change of employer and extension. You should discuss with the lawyer preparing the new H-1B.
You should not be subject to the cap in any case, since you were already counted towards the cap within the past 6 years.
roseball
10-18 12:34 PM
a) Can I move to a different company now? Since my H1 extension is based on I-140 approval, I am not sure if this can be used to transfer to new company.
Yes, you can find another employer willing to hire you and sponsor your H1. Since you have an approved I-140, your new employer can use a copy of your I-140 approval notice and get a fresh 3 yr H1 extension
b) When I do a H1 transfer now, Will I get my H1 date till Apr 2012 as per my current H1 approval notice or just for the few more months I had on my original H1B?
You will get a 3 yr H1 extension
c) What will happen to my labor and I-140 after my H1 transfer? My labor was originally applied in EB3 category. Can I file a new one in EB2 category after transferring to the new company?
You cannot directly file your I-485 when your PD is current if you change employers. Your new employer has to start the process all over again from scratch (in any category depending on your job requirement). New employer will have to file PERM/I-140 but can use your old EB-3 PD from the I-140 approval to file I-485.
Yes, you can find another employer willing to hire you and sponsor your H1. Since you have an approved I-140, your new employer can use a copy of your I-140 approval notice and get a fresh 3 yr H1 extension
b) When I do a H1 transfer now, Will I get my H1 date till Apr 2012 as per my current H1 approval notice or just for the few more months I had on my original H1B?
You will get a 3 yr H1 extension
c) What will happen to my labor and I-140 after my H1 transfer? My labor was originally applied in EB3 category. Can I file a new one in EB2 category after transferring to the new company?
You cannot directly file your I-485 when your PD is current if you change employers. Your new employer has to start the process all over again from scratch (in any category depending on your job requirement). New employer will have to file PERM/I-140 but can use your old EB-3 PD from the I-140 approval to file I-485.
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