the_jaguar
11-21 02:50 PM
A suggestion to folks sending emails:
Please keep the first email precise and compact (typically one paragraph). If it is longer, most people will not take the time to read through it, and some of the important/hard hitting points might never be read.
While immigration is a very close and dear issue for us folks, we should not expect the rest of the country including the media to feel the same way. Hence, small & precise emails have the most impact..
If they respond to our email, then it makes sense to send them a detailed response detailing the issues legal, high skilled immigrants currently face..
Just my $0.02..
Please keep the first email precise and compact (typically one paragraph). If it is longer, most people will not take the time to read through it, and some of the important/hard hitting points might never be read.
While immigration is a very close and dear issue for us folks, we should not expect the rest of the country including the media to feel the same way. Hence, small & precise emails have the most impact..
If they respond to our email, then it makes sense to send them a detailed response detailing the issues legal, high skilled immigrants currently face..
Just my $0.02..
kminkeller
03-09 01:00 PM
Hi I am very new to this forum and actually to all the Immigration related forums. Here is what my situation is.
I was working for a company A, got my PERM and I140 approved on EB3 and filed my I485 on with PD August 2007. I have also have the EAD and AP and am working on EAD as my H1 got voided after getting laid off from Company A on 2009. I am working with a company B with a higher salary than company A. This company didnt want to deal with USCIS and my agreement with this company does not allow me to discuss immigration matter with them. Now I got a new offer from company C with similar or slightly higher salary. Company C is ready to do my paper work.
Now I need to know what are the things that I can do.
1. Do I need to file PERM, I140 again on EB2?
2. Do I need to file for H1 again and complete the entire process?
3. What is and how to do EB3 to EB2 porting? is that all I need to do?
Please give me some advice. Thanks in advance.
KM
I was working for a company A, got my PERM and I140 approved on EB3 and filed my I485 on with PD August 2007. I have also have the EAD and AP and am working on EAD as my H1 got voided after getting laid off from Company A on 2009. I am working with a company B with a higher salary than company A. This company didnt want to deal with USCIS and my agreement with this company does not allow me to discuss immigration matter with them. Now I got a new offer from company C with similar or slightly higher salary. Company C is ready to do my paper work.
Now I need to know what are the things that I can do.
1. Do I need to file PERM, I140 again on EB2?
2. Do I need to file for H1 again and complete the entire process?
3. What is and how to do EB3 to EB2 porting? is that all I need to do?
Please give me some advice. Thanks in advance.
KM
nixstor
02-24 07:20 PM
Visa stamping is not necessary to remain in the US so wondering why a CPA would consider this a necessary work expense.
Thats correct.
Every one can interpret them to their own way and can decide whether its deductible or not. Any thing related to business expenses, if IRS were to question the tax payer, IRS will ask for written substantiation from the employer. Guess what happens! The same CPA who told all these rosy stories and got a decent percentage on your fattest return simply tells you to get that letter. With out all that documentation, I doubt they will fight the audit.
Thats correct.
Every one can interpret them to their own way and can decide whether its deductible or not. Any thing related to business expenses, if IRS were to question the tax payer, IRS will ask for written substantiation from the employer. Guess what happens! The same CPA who told all these rosy stories and got a decent percentage on your fattest return simply tells you to get that letter. With out all that documentation, I doubt they will fight the audit.
logiclife
12-22 06:03 PM
There is no such thing as "H1B grace period". Nowhere in Immigration laws or USCIS regulations there is anything like a fixed number.
You are out of status(not illegal) when you stop working. If you are laid off suddenly, you are out of status.
Most people are ok coz they find new job and starting working and the "gap" in employment is usually less than a month. If its more than a month then you can face inquiries during H1B transfer to your new employer about your gap and they may ask you for missing paystubs. If you cant provide paystubs for the gap in employment between jobs, then it can go 2 ways:
1. They will give you H1 approval with I-94 attached at bottom ... meaning H1 petition is approval and the transfer is also approved.
2. If you are unluckly, the would give you just the I-797 H1 approval without the I-94 attached at the bottom of 797. That means that H1 petition for new employer is approved but the transfer is not approved. Then in that case you are required to travel out of the country and get another I-94 to get back in status.
This loosely defined grace period is a pain for those who work in consulting and switch jobs or those who get laid off without advance notice.
You are out of status(not illegal) when you stop working. If you are laid off suddenly, you are out of status.
Most people are ok coz they find new job and starting working and the "gap" in employment is usually less than a month. If its more than a month then you can face inquiries during H1B transfer to your new employer about your gap and they may ask you for missing paystubs. If you cant provide paystubs for the gap in employment between jobs, then it can go 2 ways:
1. They will give you H1 approval with I-94 attached at bottom ... meaning H1 petition is approval and the transfer is also approved.
2. If you are unluckly, the would give you just the I-797 H1 approval without the I-94 attached at the bottom of 797. That means that H1 petition for new employer is approved but the transfer is not approved. Then in that case you are required to travel out of the country and get another I-94 to get back in status.
This loosely defined grace period is a pain for those who work in consulting and switch jobs or those who get laid off without advance notice.
more...
krishmunn
03-27 10:04 AM
I seriously doubt the genuinity of this poster. No authority will hold a valid passport of a foreign country, no country will allow to let one in with a copy of passport heck the airline will not even allow to board without a passport.
This guy may be here just to play some scare tactics.
This guy may be here just to play some scare tactics.
neoklaus
11-14 03:33 PM
Does it have anything to do with how recently you travelled out of the country? or How recently you came into this country? My wife came to US only 6 months back and I am not sure if this has got to do anything with the whole biometrics thing?
It is probably just this IO who has a different intepretation of the rules.
I came to US in June,07, my husband & daughter -Aug.14,07...probably just interpretation matters
It is probably just this IO who has a different intepretation of the rules.
I came to US in June,07, my husband & daughter -Aug.14,07...probably just interpretation matters
more...
eyeopeners05@yahoo.com
06-02 12:55 PM
July 07 485 filer with pd of July 2003 in EB3.
EAD and AP available and can be used for AC21.
Current H1 valid till 2010 July
Got married after filing 485 and so wife does not have EAD etc and is on H4.
Another company wants me to come to their company using EAD as they dont want to file h1. Can I use EAD under AC21 and switch jobs while my wife is still on H4 ?
Is the EAD/AOS status change applicable only when going in and out of the country ? If we decide to stay in the USA till we get a GC, does it matter if I use EAD to change jobs though my wife is on H4 ?
EAD and AP available and can be used for AC21.
Current H1 valid till 2010 July
Got married after filing 485 and so wife does not have EAD etc and is on H4.
Another company wants me to come to their company using EAD as they dont want to file h1. Can I use EAD under AC21 and switch jobs while my wife is still on H4 ?
Is the EAD/AOS status change applicable only when going in and out of the country ? If we decide to stay in the USA till we get a GC, does it matter if I use EAD to change jobs though my wife is on H4 ?
avi101
05-19 04:10 AM
Here's my 2c
- I guess you may already be aware that you can file I485 only if your PD is current.
- Don't delay applying for your I140. Atleast get that going. The more you delay, the more things may change, rules may change at USCIS.. you never know. Plus, once you get your I40 approved and if you decide to quit your current employer you should be able to port your Priority Date. (There are conflicting opinions on what happens should the employer revoke your I140, so research more on that.) If DOL comes out with rule to end labor substitution, then your employer wont have any benefit in revoking your I140. A decision on labor substitution may be coming soon.
- Beside the I140 application notice, you also need employment support letter from your employer for your I485 as yours is an employment based GC. Your employer can delay all they want. My suggestion would be get in good terms with him\her (I know its difficult but suck up for some time), see if you can work out an NON-WRITTEN agreement on continuing to work for an extended period of time. If you put something in writing saying that you wont work afte r x number of months, it could potentially hurt you. GC needs good faith intent from both employer and beneficiary. Your employer can use that against you. Also, if there are any I140 RFEs you may still need your employer's help.
So don't burn bridges if you can. If you can't tolerate your employer any more, atleast try to get your I140 applied and approved so that you have a shot at retaining your PD.
- I guess you may already be aware that you can file I485 only if your PD is current.
- Don't delay applying for your I140. Atleast get that going. The more you delay, the more things may change, rules may change at USCIS.. you never know. Plus, once you get your I40 approved and if you decide to quit your current employer you should be able to port your Priority Date. (There are conflicting opinions on what happens should the employer revoke your I140, so research more on that.) If DOL comes out with rule to end labor substitution, then your employer wont have any benefit in revoking your I140. A decision on labor substitution may be coming soon.
- Beside the I140 application notice, you also need employment support letter from your employer for your I485 as yours is an employment based GC. Your employer can delay all they want. My suggestion would be get in good terms with him\her (I know its difficult but suck up for some time), see if you can work out an NON-WRITTEN agreement on continuing to work for an extended period of time. If you put something in writing saying that you wont work afte r x number of months, it could potentially hurt you. GC needs good faith intent from both employer and beneficiary. Your employer can use that against you. Also, if there are any I140 RFEs you may still need your employer's help.
So don't burn bridges if you can. If you can't tolerate your employer any more, atleast try to get your I140 applied and approved so that you have a shot at retaining your PD.
more...
reddymjm
09-17 12:56 AM
Done
gc_chahiye
10-31 03:32 AM
Ideally you are supposed to apply ur H1B atleast before 1 month, at the same time you can apply ur H1B extension within 45 days after expiry date with a genuine reason.
where did you see these 30/45 days numbers? you can apply an H1 extension upto 180 days in advance of the expiry of your current H1 (basically 180 days before the new start-date)
where did you see these 30/45 days numbers? you can apply an H1 extension upto 180 days in advance of the expiry of your current H1 (basically 180 days before the new start-date)
more...
sledge_hammer
02-09 03:44 PM
Please keep this thread alive ...
rajs
04-04 03:43 PM
my case is pending from 2004
visa numbers for PD are current but still no action on my case
i dint even get a reply for the enquire i made in Jan 2009
so for me its like a showoff story by USCIS :confused:
visa numbers for PD are current but still no action on my case
i dint even get a reply for the enquire i made in Jan 2009
so for me its like a showoff story by USCIS :confused:
more...
hmehta
12-14 01:16 PM
Best course of action would be to go to your Home Country during that period....visa stamping is not a big deal at all.....njoy your vacation...for you might not get this much off/free time in the foreseeable future!!!!
You can not work after 7/9/2007.
The end of the OPT will determine when you must stop working.
The 60 days grace period is only for you to take care of business before you go back home. In your case you must wait for 2 months and 24 days before returning to work otherwise you will be in violation of your status.
andy
You can not work after 7/9/2007.
The end of the OPT will determine when you must stop working.
The 60 days grace period is only for you to take care of business before you go back home. In your case you must wait for 2 months and 24 days before returning to work otherwise you will be in violation of your status.
andy
jsb
11-29 04:22 PM
It may be better to get a bank-draft or money-order for required C$, and attach to the application. In any case, Canadians are far more accomodating, they will not reject your app just because fee was not right to the cents.
more...
siddar
09-04 11:09 AM
That means, after the forms signed, you got one year to apply for 485. Once applied, USCIS may request for another medical after 18 months.
This is my understanding....
This is my understanding....
Templarian
11-30 12:42 AM
why would flash people move on to flex ? That makes no sense at all.
Because Flash is equivalent to hell from a development standpoint. :evil:
Plus no one here said people should be using Flex over Flash (unless I misread something). :goatee:
Because Flash is equivalent to hell from a development standpoint. :evil:
Plus no one here said people should be using Flex over Flash (unless I misread something). :goatee:
more...
bmoni
12-21 09:34 AM
We have Missouri State Chapter. Please check the state chapters section. show your support. I like the idea of midwest Conference call. I will be dialing in.
jonty_11
07-05 04:41 PM
I have got my canadian PR approval for me and my wife and have sent the passports to the Canadian Consulate in NYC for immigrant visa stamping. To get my PR card I have to land in Canada before Dec 19, 2007 when the visa expires.
I have not traveled outside the US after I got my H1B and am planning to go to Canada for stamping H1B for me H4 for my wife.
Would there be any problem for me to land in Canada since I will not be landing there with the intention to settle but will return after getting my H1B stamped in a couple of days.
Anyone gone through my kind of situation before. Please send me a PM.
I am concerend about being denied entry in Canada and then I will be nowhere because I cannot return to US without a vaid H1B stamp.
there is a Automatic VISA reavalidation Rule that allows u to visit Canada or Mexico and return within30 days only w/o valid US VISA...google it. or search on these forums...
I have not traveled outside the US after I got my H1B and am planning to go to Canada for stamping H1B for me H4 for my wife.
Would there be any problem for me to land in Canada since I will not be landing there with the intention to settle but will return after getting my H1B stamped in a couple of days.
Anyone gone through my kind of situation before. Please send me a PM.
I am concerend about being denied entry in Canada and then I will be nowhere because I cannot return to US without a vaid H1B stamp.
there is a Automatic VISA reavalidation Rule that allows u to visit Canada or Mexico and return within30 days only w/o valid US VISA...google it. or search on these forums...
immigrationvoice1
12-09 10:00 PM
I know many people who're going for part-time MBA, including myself. A good way of making best out of a stagnant career phase while waiting for GC.
Please post the URL of the school you are attending.
Thanks,
Please post the URL of the school you are attending.
Thanks,
natrajs
04-21 02:38 PM
Isn't this everyody's concern ? GC process is something that has absolutely no predictability. It's all luck...I've been waiting for that moment from almost 8 years postponing many important decisions in life. So, I've come to the realization that the only thing we can do is hope.
Congrats and Best Wishes
Congrats and Best Wishes
maag
09-27 10:56 AM
I had filled A # from I-140 in my 485 application form, but my 485 receipts shows different A #, both my I-140 and different number from 485 receipt starts with 088, I am primary applicant and my spouse's A # are different too and her numbers also starts with 088.
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