painful_GC
03-09 02:39 PM
Hello everyone,
Here is my status..someone please clarify as my immigration attorney has different answers each time
1) I am on H1B status and recently transfered to a new H1B Employer and i got query last week.
2) My Husband is holding a L1B Visa and its valid till Nov 2011.
3) Can i apply for L2 now(without COS) while waiting for H1B Approval?? This will allow me to change to L2 if something happens to H1.
4) If i have my H1B approval i wish to stay and work on H1B.if not i will be moving to L2(leave the country and comeback ??)
Please post your prompt answers.
Thanks
Here is my status..someone please clarify as my immigration attorney has different answers each time
1) I am on H1B status and recently transfered to a new H1B Employer and i got query last week.
2) My Husband is holding a L1B Visa and its valid till Nov 2011.
3) Can i apply for L2 now(without COS) while waiting for H1B Approval?? This will allow me to change to L2 if something happens to H1.
4) If i have my H1B approval i wish to stay and work on H1B.if not i will be moving to L2(leave the country and comeback ??)
Please post your prompt answers.
Thanks
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senk1s
10-26 06:20 PM
waiting ...
kaisersose
07-27 02:48 PM
Thanks. I will ask my employer if they can provide me one.
The Labor is of no use to you, except to feel secure that they indeed applied for your Labor. But since you have already applied for your 485 and have an RD, it is obvious there was a labor and that is all you really need.
Since you have already applied for 485, a 140 copy would be pretty much useless too. I would not sweat it out.
For AC21, it is better to have a 485 receipt copy. Make sure you get that. You will also need it if you travel outside the US before your AP arrives.
The Labor is of no use to you, except to feel secure that they indeed applied for your Labor. But since you have already applied for your 485 and have an RD, it is obvious there was a labor and that is all you really need.
Since you have already applied for 485, a 140 copy would be pretty much useless too. I would not sweat it out.
For AC21, it is better to have a 485 receipt copy. Make sure you get that. You will also need it if you travel outside the US before your AP arrives.
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sundarpn
08-03 10:23 AM
the more important part of my question is...
"using approved 140 from an EX-employer" and using that to a get 3 yr extension when doing a h1b transfer to a new employer (who has not in anyway started a new perm labor)
"using approved 140 from an EX-employer" and using that to a get 3 yr extension when doing a h1b transfer to a new employer (who has not in anyway started a new perm labor)
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cox
October 23rd, 2005, 12:32 AM
Sounds good to me. QJ?? Anyone else?
Lisap
08-28 11:59 AM
If you stopped payment on individual checks (My banks charges $30 for each check stoppage) it would have been denied eventhough USCIS tried to cash it (instantly as it is electronic transaction).That you received receipt notices means, the checks went through, and your application is considered properly filed.
If stopped as a batch of checks (it is free of charge with my bank), it would still go through, despite your stoppage request, as it is like paper check.
So to be absolutely certain, you should stop them individually if you want to stop payment on the 2nd set of application too.
Looks like you are indeed very lucky to have got things in order despite your attorney's best efforts to screw up!
I am in some what similar situation;my checks are seen today as encashed on 8/23 for a July 2 filing.I too send out a 2nd set of I-485 applications on 8/16, as I got scared of missing out on the window of opportunity.I have asked today for stop payment on all my checks individually for this 8/16 filing.
I actually did a stop payment on the checks (they were personal checks) and was charged the 30/ per check. I did the stop payment on the 14th of Aug. At the bank they were able to see that uscis had not tried to cash the checks as of yet. We managed to get the stop payment reversed so I guess we wait and see now!
Now that I do have receipts- should I go ahead and stop payment on the 2nd set??
If stopped as a batch of checks (it is free of charge with my bank), it would still go through, despite your stoppage request, as it is like paper check.
So to be absolutely certain, you should stop them individually if you want to stop payment on the 2nd set of application too.
Looks like you are indeed very lucky to have got things in order despite your attorney's best efforts to screw up!
I am in some what similar situation;my checks are seen today as encashed on 8/23 for a July 2 filing.I too send out a 2nd set of I-485 applications on 8/16, as I got scared of missing out on the window of opportunity.I have asked today for stop payment on all my checks individually for this 8/16 filing.
I actually did a stop payment on the checks (they were personal checks) and was charged the 30/ per check. I did the stop payment on the 14th of Aug. At the bank they were able to see that uscis had not tried to cash the checks as of yet. We managed to get the stop payment reversed so I guess we wait and see now!
Now that I do have receipts- should I go ahead and stop payment on the 2nd set??
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chosenone52
10-02 03:28 PM
But what if the company doesnot have any more requirement when my GC gets approved. Its takes 4-5 years and conditions may change as per time...?
Any opinion?
Any opinion?
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no-tec
10-20 09:18 PM
i got sotw a few weeks ago. what swirl thing?
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acecupid
08-13 11:15 AM
If we want to read sports related news we can go to news sites. People should refrain from creating such threads which are completely unrelated to IV.
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x1050us
06-26 05:03 PM
My attorney says the real problem is, chennai wants a copy of primary applicants valid visa stamp if applying separately. Which means I have to get out of the country to get a visa stamp for sake of my spouse. I am thinking of flying to India and get my visa stamped along with my wife (don't know if vfs will allow me to add an application now). Any other suggestions?
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sujijag
08-27 05:50 PM
We got 2 year EAD too, with 140 pending for more than an year :(
I don't see any USCIS link pointing what Murthy & Co says. Probably its her own assumption.
I don't see any USCIS link pointing what Murthy & Co says. Probably its her own assumption.
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techbuyer77
06-20 07:09 PM
nsc used to be slower than texas but now with the tsunami of applications on july 1st who knows
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SL%%
06-30 08:06 AM
Just wondering, this is my case below and it has been this way since 07, does it have the same meaning as above or pretty much nothing?
================================================== ========
Receipt Number: LINXXXXXXXX
Application Type: I485, APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS
Current Status: Case received and pending.
On MONTH DATE, YEAR, we received this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS, and mailed you a notice describing how we will process your case. Please follow any instructions on this notice. We will notify you by mail when we make a decision or if we need something from you. If you move while this case is pending, call customer service. We process cases in the order we receive them. You can use our processing dates to estimate when yours will be done. This case is at our NEBRASKA SERVICE CENTER location. Follow the link below to check processing dates. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register.
================================================== ========
================================================== ========
Receipt Number: LINXXXXXXXX
Application Type: I485, APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS
Current Status: Case received and pending.
On MONTH DATE, YEAR, we received this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS, and mailed you a notice describing how we will process your case. Please follow any instructions on this notice. We will notify you by mail when we make a decision or if we need something from you. If you move while this case is pending, call customer service. We process cases in the order we receive them. You can use our processing dates to estimate when yours will be done. This case is at our NEBRASKA SERVICE CENTER location. Follow the link below to check processing dates. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register.
================================================== ========
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sidbee
02-22 12:37 PM
I am not a lawyer , and this is not a legal advise.
According to my study , and talk with some lawyers .. Yes it could be same.
But if the Job description is same (not more than 50% different) , then u cannot use the experienced gained in the previous job with the same employer.
Eg .
You had 7 years of experience , and u worked as a software engineer (which required BS + 3 years of exp in c), and Ur company filed Ur GC in eb3.
Now u get promoted to Senior Software Engineer (which required BS + 6 years of exp in c),Now if u had 6 years of exp in c before joining this company in the previous job. you should be eligible to file in EB2 based on Ur previous work ex.
Talk to Ur attorney about the points i mentioned.
According to my study , and talk with some lawyers .. Yes it could be same.
But if the Job description is same (not more than 50% different) , then u cannot use the experienced gained in the previous job with the same employer.
Eg .
You had 7 years of experience , and u worked as a software engineer (which required BS + 3 years of exp in c), and Ur company filed Ur GC in eb3.
Now u get promoted to Senior Software Engineer (which required BS + 6 years of exp in c),Now if u had 6 years of exp in c before joining this company in the previous job. you should be eligible to file in EB2 based on Ur previous work ex.
Talk to Ur attorney about the points i mentioned.
more...
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morchu
04-29 09:45 AM
Your question 1 & 2 is the same.And you already know the answer.
YES. You can work for another employer temporarily for 3 months, and keep your "permanent employment offer". No need to inform USCIS except when they ask specifically.
Answer to question 3 is that USCIS is pre-adjudicating maximum cases, so that DOS can take educated guesses in moving the visa bulletin dates (instead of "blind" moves till now). Also USCIS is committed to reducing the overall processing time of 485 (if visa is available).
Thanks Krupa for your reply.
Could any one please clarify on below points.I hope this posting will also help other new members who got their EAD
1.Can I take an offer with a consulting firm for suppose 3 months con_w2 ?This firms will give me offer letter stating that I will work with them for only 3 months.I cannot file AC 21 since it is temporary employment.In my case since my original employer is intended to hire me permanently once GC is approved and supporting the GC process for this RFE Can I take this contract employment with out filing AC 21? As such I don't see any point in filing AC 21 in my case even if I find full time employment with the end client since my original employer is ready to hire me once GC is approved as GC is for future employment.Please clarify me on this.
2.I'm trying to avoid AC 21 as the job title and duties should be same or similar.In my case my LCA says that job title: Software Engineer Job duties says I work as Oracle CRM Functional. salary $90k
As per my expertise: I can work in Oracle apps manufacturing,Finance,supply chain,CRM,
Business Analyst:Finance,Health care,ERP,Insurance
QA Analyst: Functional QA (ERP or any other applications)
SAP QA,People soft QA,Oracle apps QA etc
All the above jobs are paid average $110k(Minimum 90k)
My question is suppose If I take a job as a QA Engineer to test an ERP product.Then definitely it will not fall in my LCA job title or duties.But to perform this job definitely I need to have strong ERP Back ground.It will become very hard to prove since my LCA duties says I work as Oracle CRM Functional(only one particular domain).So to avoid trouble I just want to respond this RFE with my original employer offer letter stating he is still intended to hire me once GC is approved.So that I can work in the above stated areas with different firms.Please clarify me on this
3.I heard so many people are receiving the RFE on I 485.Is it normal practice or USCIS is trying to adjudicate as many cases as possible by the end of september.Any guess?
Thanks for reading my post.Any inputs will be appreciated
Thanks
h12gc
YES. You can work for another employer temporarily for 3 months, and keep your "permanent employment offer". No need to inform USCIS except when they ask specifically.
Answer to question 3 is that USCIS is pre-adjudicating maximum cases, so that DOS can take educated guesses in moving the visa bulletin dates (instead of "blind" moves till now). Also USCIS is committed to reducing the overall processing time of 485 (if visa is available).
Thanks Krupa for your reply.
Could any one please clarify on below points.I hope this posting will also help other new members who got their EAD
1.Can I take an offer with a consulting firm for suppose 3 months con_w2 ?This firms will give me offer letter stating that I will work with them for only 3 months.I cannot file AC 21 since it is temporary employment.In my case since my original employer is intended to hire me permanently once GC is approved and supporting the GC process for this RFE Can I take this contract employment with out filing AC 21? As such I don't see any point in filing AC 21 in my case even if I find full time employment with the end client since my original employer is ready to hire me once GC is approved as GC is for future employment.Please clarify me on this.
2.I'm trying to avoid AC 21 as the job title and duties should be same or similar.In my case my LCA says that job title: Software Engineer Job duties says I work as Oracle CRM Functional. salary $90k
As per my expertise: I can work in Oracle apps manufacturing,Finance,supply chain,CRM,
Business Analyst:Finance,Health care,ERP,Insurance
QA Analyst: Functional QA (ERP or any other applications)
SAP QA,People soft QA,Oracle apps QA etc
All the above jobs are paid average $110k(Minimum 90k)
My question is suppose If I take a job as a QA Engineer to test an ERP product.Then definitely it will not fall in my LCA job title or duties.But to perform this job definitely I need to have strong ERP Back ground.It will become very hard to prove since my LCA duties says I work as Oracle CRM Functional(only one particular domain).So to avoid trouble I just want to respond this RFE with my original employer offer letter stating he is still intended to hire me once GC is approved.So that I can work in the above stated areas with different firms.Please clarify me on this
3.I heard so many people are receiving the RFE on I 485.Is it normal practice or USCIS is trying to adjudicate as many cases as possible by the end of september.Any guess?
Thanks for reading my post.Any inputs will be appreciated
Thanks
h12gc
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a_yaja
07-18 09:24 AM
I was thinking about that as well...but I have minor problems that might not be solved within July so it better for me to apply in August.
I would advise you to file in July. Although USCIS says it will accept application till Aug 17th, in theory they could reject your application saying that your priority date is August. It would be heartburn for you all over again. If you can explain what your "minor" problems are, perhaps some of us could suggest a way out.
Good Luck on your filing and hope you make the July deadline.
I would advise you to file in July. Although USCIS says it will accept application till Aug 17th, in theory they could reject your application saying that your priority date is August. It would be heartburn for you all over again. If you can explain what your "minor" problems are, perhaps some of us could suggest a way out.
Good Luck on your filing and hope you make the July deadline.
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aditik
07-20 08:49 PM
I know I have read it on the USCIS website...I'll get it for you
Hi
This is what is mentioned on the I-765 form.
http://www.uscis.gov/files/form/I-765.pdf
Check page number 9. It speaks about Interim EAD, and this document expires on 08/31/08. If they have stopped issuing Interim EADs how come it says the opposite on this document. Just wondering:confused:
Hi
This is what is mentioned on the I-765 form.
http://www.uscis.gov/files/form/I-765.pdf
Check page number 9. It speaks about Interim EAD, and this document expires on 08/31/08. If they have stopped issuing Interim EADs how come it says the opposite on this document. Just wondering:confused:
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isthereawayout
02-22 12:42 PM
Yes, in my case we wouldn't be using the experience gained with the current employer as I already have the required 1 year experience before joining the employer.
My fear is that DOL/USCIS would come back and say hey you have almost the same requirement for both the positions, why does one require only MS+1 while the other accepts BS+3..
My fear is that DOL/USCIS would come back and say hey you have almost the same requirement for both the positions, why does one require only MS+1 while the other accepts BS+3..
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wait_2010
07-29 12:02 PM
Can any body in the forum please confirm that it is possble to get a F1 in a part-time program. I plan to soon start a masters part-time program with an accredited university.
In the middle of the program, is it possible for me to move from H1 to F1 if I can prove that I will take a full course load ( 12 credits or whatever be the requirement)..The university does alow me to increase course work as per my desire..
Has any one gone thru this process or know for sure that it can be done...
Replies are very much appreciated
In the middle of the program, is it possible for me to move from H1 to F1 if I can prove that I will take a full course load ( 12 credits or whatever be the requirement)..The university does alow me to increase course work as per my desire..
Has any one gone thru this process or know for sure that it can be done...
Replies are very much appreciated
India76
07-16 04:58 PM
I am also in same situation. My lawyer told me that he will file our application seperately without including each other as dependant. This doessn't make sense..... any input from others?
deafTunes123
04-15 10:39 AM
Man....9 loong years....thats too long in this era for one employer. Congratulations on your GC Approval. I can clearly see the relief.
I got my approval y'day from TSC. This marks the end of GC journey. Been with same employer since Aug 1999 ( 9 Long years...........).
I got my approval y'day from TSC. This marks the end of GC journey. Been with same employer since Aug 1999 ( 9 Long years...........).
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