roopamadhu2004
03-14 12:45 PM
Employer 1(Very small company and doesn't exist anymore):
1) Labor cleared,
2) I-140 approved
Then Joined in another company (Multi billion company) Employer 2:
1) Labor cleared
2) Mistake: Didn't file I-140 and when priority dates were open in July 2007, they filed for I-485 with Old employer's I-140 and got EADs
3) Still waiting for Green card
My priority date: Sep 2002 (It is carried from first employer)
Still I am getting H1 B extensions - every 3 years with Employer 2
But my wife is working in EAD
In June 2010, we were informed by my company legal dept that they iled I485 incorrectly and they want to correct it. So they started over again.
1) Labor cleared
2) I-140 approved Mar 2011.
3) Priority dates are not current and waiting for it.
My options:1) Backout old I485 now and wait for priority dates and then reapply (Adv: No RFEs, No risk, high probability that we can retain Priority date. Diadv: My wife looses her job and get back to H4)
2) Backout I-485 when priority dates are open and reapply....(Adv: My can work longer and will get at least 90 days break. Disadv: Risk if get RFEs now or reject now before we reapply - risk to loose priority date)
Questions for you:1) Is there any way to file an ammendment to update new I-140 with my existing application without my wife getting impacted? If so, how much riskier it is?
2) Our attorney says we cannot do it because it is invalid I-485. And we have to file a new one. Is it?
3) Then does it mean my wife is working illegally?
4) When is the best time to backout (My wife is not happy to leave her current employer)?
5) Attorney says we have to update them with new I-140 if we get RFE asking for my second Employer's I-140. My question is, Why can't we do it now? How much riskier it is?
Please let me know. I appreciate your advice and help!
1) Labor cleared,
2) I-140 approved
Then Joined in another company (Multi billion company) Employer 2:
1) Labor cleared
2) Mistake: Didn't file I-140 and when priority dates were open in July 2007, they filed for I-485 with Old employer's I-140 and got EADs
3) Still waiting for Green card
My priority date: Sep 2002 (It is carried from first employer)
Still I am getting H1 B extensions - every 3 years with Employer 2
But my wife is working in EAD
In June 2010, we were informed by my company legal dept that they iled I485 incorrectly and they want to correct it. So they started over again.
1) Labor cleared
2) I-140 approved Mar 2011.
3) Priority dates are not current and waiting for it.
My options:1) Backout old I485 now and wait for priority dates and then reapply (Adv: No RFEs, No risk, high probability that we can retain Priority date. Diadv: My wife looses her job and get back to H4)
2) Backout I-485 when priority dates are open and reapply....(Adv: My can work longer and will get at least 90 days break. Disadv: Risk if get RFEs now or reject now before we reapply - risk to loose priority date)
Questions for you:1) Is there any way to file an ammendment to update new I-140 with my existing application without my wife getting impacted? If so, how much riskier it is?
2) Our attorney says we cannot do it because it is invalid I-485. And we have to file a new one. Is it?
3) Then does it mean my wife is working illegally?
4) When is the best time to backout (My wife is not happy to leave her current employer)?
5) Attorney says we have to update them with new I-140 if we get RFE asking for my second Employer's I-140. My question is, Why can't we do it now? How much riskier it is?
Please let me know. I appreciate your advice and help!
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saketkapur
07-14 11:42 AM
Hi
I filed my I-485 in July last year. My PD is EB2-Feb 2007. I could not file for my wife since she is pursuing her medical residency on a J1 visa with the 2 year HRR requirement.
My queries are as follows:
1. For the interfiling to happen does she need to be done with her J1 waiver or even when she is pursuing it as that is a H1B visa?
2. If I get my green card before she is done with her waiver then can I still file for her later or will her case then be treated as a family based petition?
I will really appreciate if somebody can provide some insight regarding the same.
regards
Saket Kapur
I filed my I-485 in July last year. My PD is EB2-Feb 2007. I could not file for my wife since she is pursuing her medical residency on a J1 visa with the 2 year HRR requirement.
My queries are as follows:
1. For the interfiling to happen does she need to be done with her J1 waiver or even when she is pursuing it as that is a H1B visa?
2. If I get my green card before she is done with her waiver then can I still file for her later or will her case then be treated as a family based petition?
I will really appreciate if somebody can provide some insight regarding the same.
regards
Saket Kapur
crazy
07-18 12:27 AM
I congratulate everybody for getting the opportunity to file 485.I am truely happy for u guys.
I am one of the very few people who can not apply for 485 as I have just changed my company and labour yet has to be filed.
I just wanted to to know Is it still possible that they will bring some kind of amendment(From CIR bill) which wouldn't allow me to extend my H1 Visa after 6 years?.I am so scared when I read on numberusa that some amendments are coming back to vote.Are we really in trouble?.
I just need some lodgical reasons that it won't happen.
I know everybody is busy but don't forget about people like us.
I am one of the very few people who can not apply for 485 as I have just changed my company and labour yet has to be filed.
I just wanted to to know Is it still possible that they will bring some kind of amendment(From CIR bill) which wouldn't allow me to extend my H1 Visa after 6 years?.I am so scared when I read on numberusa that some amendments are coming back to vote.Are we really in trouble?.
I just need some lodgical reasons that it won't happen.
I know everybody is busy but don't forget about people like us.
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Blog Feeds
08-25 09:00 AM
I was pleased to learn about this web site. Here's how DHS describes the TRIP program: The Department of Homeland Security�s Travel Redress Inquiry Program (DHS TRIP) is a single point of contact for individuals who have inquiries or seek resolution regarding difficulties they experienced during their travel screening at transportation hubs--like airports and train stations--or crossing U.S. borders, including: denied or delayed airline boarding denied or delayed entry into and exit from the U.S. at a port of entry or border checkpoint continuously referred to additional (secondary) screening Why DHS TRIP? DHS TRIP is a central gateway to address...
More... (http://blogs.ilw.com/gregsiskind/2009/08/dhs-provides-online-complaint-system-for-travelers-experiencing-entry-problems.html)
More... (http://blogs.ilw.com/gregsiskind/2009/08/dhs-provides-online-complaint-system-for-travelers-experiencing-entry-problems.html)
more...
Seb Hughes
06-06 12:30 PM
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h1b_forever
02-04 03:23 PM
You can get the visa the same day, no appointment required. You will need to be there early in the morning
Make sure all the documents are the latest
Make sure all the documents are the latest
more...
ps57002
09-23 07:28 PM
Just read this on another forum.....
http://blogs.ilw.com/gregsiskind/2008/09/menendez-introd.html
Where does that put us considering the house bill didn't even make it to markup today?
http://blogs.ilw.com/gregsiskind/2008/09/menendez-introd.html
Where does that put us considering the house bill didn't even make it to markup today?
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docker
06-04 03:33 PM
All,
My current job desc requires an MS + 3 or BS + 5 years experience, with special certification like six sigma required. When my labor was filed, I had exactly 3 years of experience. The above was what I filed for my PERM application. I am planning on moving to another job where the job description is similar ( my i-140 is approved and my i-485 has been pending for more than 6 months) , but the new job requires an MS + 6 years or a BS + 8 and no special requirements. I gained 3 more years of experience with my current job description, but does that count since I gained it after my PERM was filed? Also, do educational requirements matter in order to port? any help is greatly appreciated..
thanks,
My current job desc requires an MS + 3 or BS + 5 years experience, with special certification like six sigma required. When my labor was filed, I had exactly 3 years of experience. The above was what I filed for my PERM application. I am planning on moving to another job where the job description is similar ( my i-140 is approved and my i-485 has been pending for more than 6 months) , but the new job requires an MS + 6 years or a BS + 8 and no special requirements. I gained 3 more years of experience with my current job description, but does that count since I gained it after my PERM was filed? Also, do educational requirements matter in order to port? any help is greatly appreciated..
thanks,
more...
Ashendarai
11-09 08:04 PM
Hello,
how is it possible to change jobs while the GC application is pending (part of the July 07 madness). Supposedly there is the AC21 form, is there an example how this form should be filled, and what other documents should be included? How long does it take to approve? (for driver's license, traveling, etc.). Does it have to be filed with H1B extension?
The new job offer is 25% pay increase, otherwise very similar, could that be a problem?
how is it possible to change jobs while the GC application is pending (part of the July 07 madness). Supposedly there is the AC21 form, is there an example how this form should be filled, and what other documents should be included? How long does it take to approve? (for driver's license, traveling, etc.). Does it have to be filed with H1B extension?
The new job offer is 25% pay increase, otherwise very similar, could that be a problem?
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FinalGC
03-10 10:39 AM
Sorry you cannot claim. You have been a resident of GA, so rent/meals/commutation/laundry cannot be claimed as deductions in Tax return. You never had a home in NY/NJ. You will surely be a RED flag for IRS. Dont do wrong things to get some money. State the truth and be satisfied of the tax return you get.
However, you can surely ask your employer to give a part of your salary as expense reimbursement, which is legal.
Trust me, you get more tax return here in US, than in India.
However, you can surely ask your employer to give a part of your salary as expense reimbursement, which is legal.
Trust me, you get more tax return here in US, than in India.
more...
Almond
07-05 11:55 AM
You'd have to reapply for I140 for the new company. The one you had approved for the old company will not be valid for the new company.
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amsgc
05-05 12:41 PM
AFAIK, everybody needs to fill out form I-9.
See here (http://www.uscis.gov/files/form/I-9.pdf).
I'm going to use EAD under 1099 as an independent contractor, My employer asked me to fill only w-9 form when i joined the company.
My employer doesnt know whether i should fill I-9 form (employment verification eligibility) or not?
Anybody have such experiences to share?
See here (http://www.uscis.gov/files/form/I-9.pdf).
I'm going to use EAD under 1099 as an independent contractor, My employer asked me to fill only w-9 form when i joined the company.
My employer doesnt know whether i should fill I-9 form (employment verification eligibility) or not?
Anybody have such experiences to share?
more...
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Blog Feeds
08-12 09:50 AM
President Obama promised during the election campaign that Immigration reform will be high on his list once elected president. Speaking to Hispanic reporters at the White House, Obama said last week he hopes a bill for comprehensive immigration reform will be drafted by the end of this year.
Obama tapped Homeland Security Secretary Janet Napolitano on June 25 to work with Congress to speed up immigration reform as senators warned another failed effort could doom chances for a generation. Obama said he asked Napolitano to meet regularly with lawmakers to systematically work through a number of controversial issues, such as how to handle the 12 million illegal immigrants already in the United States and how to prevent future illegal immigration.
The president has been criticized for not following through on a campaign pledge to tackle the issue this year. He has urged the Democratic-controlled Congress to start pushing now to pass legislation.
bama joked that his opponents had another reason to block his immigration reform effort: "There are many members of the Republican Party who think now that I am illegal immigrant," he said.
Read the article here (http://www.reuters.com/article/domesticNews/idUSTRE5765Y420090807)
More... (http://www.visalawyerblog.com/2009/08/2010_the_start_of_immigration.html)
Obama tapped Homeland Security Secretary Janet Napolitano on June 25 to work with Congress to speed up immigration reform as senators warned another failed effort could doom chances for a generation. Obama said he asked Napolitano to meet regularly with lawmakers to systematically work through a number of controversial issues, such as how to handle the 12 million illegal immigrants already in the United States and how to prevent future illegal immigration.
The president has been criticized for not following through on a campaign pledge to tackle the issue this year. He has urged the Democratic-controlled Congress to start pushing now to pass legislation.
bama joked that his opponents had another reason to block his immigration reform effort: "There are many members of the Republican Party who think now that I am illegal immigrant," he said.
Read the article here (http://www.reuters.com/article/domesticNews/idUSTRE5765Y420090807)
More... (http://www.visalawyerblog.com/2009/08/2010_the_start_of_immigration.html)
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sury
02-07 06:27 PM
I am planning to own a franchise on EAD along with my friend who is on H-1b. Please let me know if I can do it or not.
We are planning to register a LLC and run the franchise on the company. Let me know if I have to take any precautions before buying the franchise..
Also let me know if my friend can be my partner on H1.b..
We are planning to register a LLC and run the franchise on the company. Let me know if I have to take any precautions before buying the franchise..
Also let me know if my friend can be my partner on H1.b..
more...
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510picker
December 24th, 2003, 11:08 PM
Which version looks better? I'm kind of torn.......I love B/W, but the color fits the season.
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vivache
11-09 05:09 PM
I called the embassy and the staff member told me that I would have to go to the nearby DHL office in LIMA and drop all the documents. And then the embassy would get back wihin 4-10 business days.
This is really dicey for me since the Christams holidays could push this ahead.
So no go.
This is really dicey for me since the Christams holidays could push this ahead.
So no go.
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mjdup
12-19 11:12 PM
It is possible to port the PD, there are some forums please search and you should find the answer...
Please participate in the $20/member marathon and contribute, we are trying to reach certrain target before end of the year, please contribute generously, thanks !
Please participate in the $20/member marathon and contribute, we are trying to reach certrain target before end of the year, please contribute generously, thanks !
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homers
05-29 09:02 AM
I can also help out with giving people rides and such.
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eb3India
12-07 07:56 AM
Did we ever think about forming a team with other like minded people under one banner? I think we will be able to effect something if all Pro CIR people join hands together and pool our resources. Any suggestions??
Good idea! here is why it won't work
AILA sees 11 milllion clients at their door step, so they support more of CIR which mostly favours illegals
Compete America is more towards corporate interest, they will be happy if they get more H1Bs, they do support more EB green cards, but I don't think itz their top agenda
IV is formed by guys who are really victims, so we know whatz in our best intrest, none of other groups are not victims they just want to take advantage of current situation
never the less their policy do align with ours , so I am sure IV core members are in touch with these organization and work them more closly
Good idea! here is why it won't work
AILA sees 11 milllion clients at their door step, so they support more of CIR which mostly favours illegals
Compete America is more towards corporate interest, they will be happy if they get more H1Bs, they do support more EB green cards, but I don't think itz their top agenda
IV is formed by guys who are really victims, so we know whatz in our best intrest, none of other groups are not victims they just want to take advantage of current situation
never the less their policy do align with ours , so I am sure IV core members are in touch with these organization and work them more closly
indi0818
03-07 05:33 PM
Thanks immigration voice1. What was the reason for such a delay?
gcwait2007
12-27 05:46 PM
Mine is at Nebraska
My I-140 is also pending in Nebraska, I am also in EB-3 category with labor PD 02/20/2007. Your labor PD is 03/2007 and hence it is surprising! I saw an approval for one EB-3 filed in April 2007 in but his PD is 2002.
I do not see any LUD these days in my pending I-140 and I-485. There was a soft LUD in my wife's I-765 (EAD already approved and received) about a month back.
Please keep us updated.
My I-140 is also pending in Nebraska, I am also in EB-3 category with labor PD 02/20/2007. Your labor PD is 03/2007 and hence it is surprising! I saw an approval for one EB-3 filed in April 2007 in but his PD is 2002.
I do not see any LUD these days in my pending I-140 and I-485. There was a soft LUD in my wife's I-765 (EAD already approved and received) about a month back.
Please keep us updated.
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