vin13
01-16 01:28 PM
You may be right on that.
But the real question in this case is will the person be subject to yearly cap (lotter system) or be considered as a H1-B transfer kind.
But the real question in this case is will the person be subject to yearly cap (lotter system) or be considered as a H1-B transfer kind.
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GoneSouth
03-14 05:48 PM
You can only file a second LC for the same employee at the same company, if the new position is "substantially different" from the old position. [ I am happy to report, that I just received my PERM approval for doing exactly this :) ]
If your LC was filed via PERM and approved, you do not need to refile just because you lost the receipt. If you're filing an H1-B renewal, a screen shot / printout of the PERM app, showing the case #, is sufficient. If you're filing an I-140, there's a check box on the I-140 to indicate that USCIS should request a PERM approval receipt directly from DoL.
- gs
If your LC was filed via PERM and approved, you do not need to refile just because you lost the receipt. If you're filing an H1-B renewal, a screen shot / printout of the PERM app, showing the case #, is sufficient. If you're filing an I-140, there's a check box on the I-140 to indicate that USCIS should request a PERM approval receipt directly from DoL.
- gs
gc_check
01-17 08:21 AM
Refer to the below url for more details.
http://www.irs.gov/individuals/article/0,,id=96287,00.html#apply
Couple of years back, it was simple.. You just walk to the local IRS office and fill in a W-7 with proper ID, you are done. This has changed now. You can apply for a ITIN (W7) for H4, only when you file your tax returns. You complete the Form W-7 and file it along with your tax return, The W7 is processed first and then the taxes.
http://www.irs.gov/individuals/article/0,,id=96287,00.html#apply
Couple of years back, it was simple.. You just walk to the local IRS office and fill in a W-7 with proper ID, you are done. This has changed now. You can apply for a ITIN (W7) for H4, only when you file your tax returns. You complete the Form W-7 and file it along with your tax return, The W7 is processed first and then the taxes.
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satyasaich
07-20 06:43 PM
Can you please provide me a bit more insight for this topic or please point me where i can get some more details, if possible.
I'm on H1B 8th year, stuck with EB3 Retro with a priority date of Nov/03. My wife has a PhD in Molecular Biology, one of the hot subjects all across the globe.
I'll truly appreciate
Also why dont you apply in EB1 Thru your wife in parallel to ur own GC. PhDs dont need an employer to sponsor them.
I'm on H1B 8th year, stuck with EB3 Retro with a priority date of Nov/03. My wife has a PhD in Molecular Biology, one of the hot subjects all across the globe.
I'll truly appreciate
Also why dont you apply in EB1 Thru your wife in parallel to ur own GC. PhDs dont need an employer to sponsor them.
more...
manand24
08-03 12:17 PM
Well atleast we arent alone I guess
Hopefully we will get them soon! Keeping fingers crossed! Just imagine the wait times for AP, EAD and eventually GC. Just forget about it!
Hopefully we will get them soon! Keeping fingers crossed! Just imagine the wait times for AP, EAD and eventually GC. Just forget about it!
sbdol
07-29 02:07 AM
My thinking is that this mad rush of dates being current, should not have much effect on the retrogression in Oct 07, because either way most of us will get green cards only after date becomes current....granted we'll get EAD and AP.....Since last retrogression for EB-2 was April 04, my guess is going to be somewhere like Jan 04.........Please share ur thoughts....
You would agree that the majority of the July gold rush comes from two sources:
1. Those who waited till their PD becomes current.
2. Those whose labor certification after many years (5-6) finally was cleared by DOL.
The group one should not push the retrogression worse than what was before the beginning of the years simply because of the fact they they were retrogressed means their PD is not very old.
The group two can affect the visa bulleting significantly. In many cases DOL worked upside down clearing the oldest PD the last. The bulk of the cases comes from the infamous 2001 amnesty for illegals when approximately 240,000 application completely clogged DOL. I do not know how many of those 240,000 still around - if we admit 50,000 that means 100,000 green cards = cutoff date for EB3 may go back to 2002.
You would agree that the majority of the July gold rush comes from two sources:
1. Those who waited till their PD becomes current.
2. Those whose labor certification after many years (5-6) finally was cleared by DOL.
The group one should not push the retrogression worse than what was before the beginning of the years simply because of the fact they they were retrogressed means their PD is not very old.
The group two can affect the visa bulleting significantly. In many cases DOL worked upside down clearing the oldest PD the last. The bulk of the cases comes from the infamous 2001 amnesty for illegals when approximately 240,000 application completely clogged DOL. I do not know how many of those 240,000 still around - if we admit 50,000 that means 100,000 green cards = cutoff date for EB3 may go back to 2002.
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WillIBLucky
12-13 12:58 PM
That was my thought process too. If the immigration systems is corrected then I believe EB3 and EB2 will become current. Then it does not make a difference. Even late 90's the retrogression was there for both Eb2 and Eb3. IN 1999 they opened up for Y2K and then again retrogressed in 2001-2002 I believe. But again after that it was all current till the current retrogression.
Given the gross uncertainity about retrogression and GC, I would not give undue importance to the GC timeline factor. Eventually job / skills are more important than the distant GC.
I was in a similar situation a few months back. I abandoned my GC process with my former employer for a new and much more promising job. I am yet to start the GC process with the new employer. For me JOB was the deciding factor.
My reasoning was simple:
In the current scenario with a broken immigration system if we are to maintain our sanity and move on in our careers he, we have to stop thinking that GC is above everything. Work on it as much as you can, but do not trade it in for good career moves.
Do what you feel is best for you and what you can make peace with. My 2 cents..
Given the gross uncertainity about retrogression and GC, I would not give undue importance to the GC timeline factor. Eventually job / skills are more important than the distant GC.
I was in a similar situation a few months back. I abandoned my GC process with my former employer for a new and much more promising job. I am yet to start the GC process with the new employer. For me JOB was the deciding factor.
My reasoning was simple:
In the current scenario with a broken immigration system if we are to maintain our sanity and move on in our careers he, we have to stop thinking that GC is above everything. Work on it as much as you can, but do not trade it in for good career moves.
Do what you feel is best for you and what you can make peace with. My 2 cents..
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neoneo
07-30 12:03 AM
IMHO.. one thing for sure is that post school u need to join the same position as filed for GC. However being non resident has nothing to do with USICS. It's to do with IRS and the state tax agencies. Also, you wont go on "F-1" visa since you'll use AP. But you do need an I-20.(two different things ...similar to I-797 and H1)
So, the question to be asked is not "Can one goto F-1 visa after filing EAD" rather "Can one goto school after filing EAD ?".
I don't quite understand why one can't ( I'm sure there are reasons) If a person can stay at home or be self employed after applying for EAD/AP. Then IMHO that person can goto school too.
I think you can, however u need to join the same position for which the GC was filed and u need to be paying taxes.
Any suggestions ? .. also, what happens if your spouse is on F1 when the primary applicant files for 485/EAD/AP?
So, the question to be asked is not "Can one goto F-1 visa after filing EAD" rather "Can one goto school after filing EAD ?".
I don't quite understand why one can't ( I'm sure there are reasons) If a person can stay at home or be self employed after applying for EAD/AP. Then IMHO that person can goto school too.
I think you can, however u need to join the same position for which the GC was filed and u need to be paying taxes.
Any suggestions ? .. also, what happens if your spouse is on F1 when the primary applicant files for 485/EAD/AP?
more...
cal_dood
12-18 04:26 PM
As the cruises stop for less than 24 hrs, you may not need a mexico visa. I'm not applying for one...worst case probably is I cannot disembark in cozumel.
I called Carnival, the CSR mentioned that I only need a passport and a US visa. However, their website says check with the country's embassy for immigration documents. I guess I will err on the side of caution and get Mexican tourist visa.
I called Carnival, the CSR mentioned that I only need a passport and a US visa. However, their website says check with the country's embassy for immigration documents. I guess I will err on the side of caution and get Mexican tourist visa.
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kramesh_babu
08-20 03:58 PM
once and for all.. the adjudicators dont answer calls. its just cust service people...who are contractors. so if u dont call them.. all they will be doing is sitting around doing nothing.
I fully agree.
I fully agree.
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Jaime
05-25 09:47 AM
I called Sen. Cornyn's office but got a recording, with no possibility to leave a message. Then I called Sen. Kennedy's office and the immigration counsel was on the floor but they had a person in charge taking messages for him and she took at and said she would deliver it to him. Let's keep at it!
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ChainReaction
07-31 12:23 PM
I have a question, if H4 use EAD for employment and is allowed to keep her H4 status , how come a H1b who still work full time for his sponsor employer looses his H1B status when he finds a part-time job using EAD ?
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xyz
05-11 08:14 AM
The following question is posed at www.ktrh.com which is a website for a Houston AM talk radio. This radio station usually plays conservative programs including Rush Limbaugh. So, it is likely that mostly conservatives are visiting and voting on this website:
Should highly skilled workers move to the front of the immigration line?
The current poll results:
Yes: 59.56%
No: 40.44%
You can go to this website to view the poll. However, to view the statistics for the first time you will have to vote. To clarify, in the news program this morning they were talking about the points based immigration system which, according to them, is "quitely being considered in the Senate", and they were mentioning that the points based system would favor highly skilled immigrants over extended family and low-skill immigrants.
The point-based system will not be good for this country. Many other countries have point-based systems such as Canada, Australia, New Zealand, UK, etc. The most who immigrate in these countries on the point-based system don't have jobs. Only those should be allowed to immigrate who has the job offer here. All the immigration fees and expenses to immigrate should be borne by the employer offering the job.
Not only this, the people who promote this point-based system are interested in shutting off immgration based on family unification. Why you would not like your own family members to be here, when they all have been allowed until this day to bring their own family members from European countries.
Should highly skilled workers move to the front of the immigration line?
The current poll results:
Yes: 59.56%
No: 40.44%
You can go to this website to view the poll. However, to view the statistics for the first time you will have to vote. To clarify, in the news program this morning they were talking about the points based immigration system which, according to them, is "quitely being considered in the Senate", and they were mentioning that the points based system would favor highly skilled immigrants over extended family and low-skill immigrants.
The point-based system will not be good for this country. Many other countries have point-based systems such as Canada, Australia, New Zealand, UK, etc. The most who immigrate in these countries on the point-based system don't have jobs. Only those should be allowed to immigrate who has the job offer here. All the immigration fees and expenses to immigrate should be borne by the employer offering the job.
Not only this, the people who promote this point-based system are interested in shutting off immgration based on family unification. Why you would not like your own family members to be here, when they all have been allowed until this day to bring their own family members from European countries.
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GotFreedom?
07-20 01:50 PM
If your I-485 is already approved, you already have a GC (your status is permanent resident) regardless if you have the physical card in possession or not. You do not need EAD to work in the US. You are allowed to work wherever you may choose without worrying about work authorization. Your GC is your work authorization as well.
Sorry to hear about your job loss. With I-485 already approved, you should be able to apply for the unemployment benefits but I do not know what kind of implications it might have when you go for citizenship. I beleive, you are elegible to reap the benefits of the social benefits even if its considered burden.
Sorry to hear about your job loss. With I-485 already approved, you should be able to apply for the unemployment benefits but I do not know what kind of implications it might have when you go for citizenship. I beleive, you are elegible to reap the benefits of the social benefits even if its considered burden.
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sam_hoosier
05-22 11:23 AM
plss do not rush with ur filing in june....pls file after june 10th so that cut off dates move foward in july VB.
;)
People will be filing their I-485, not their EAD. EAD is something one gets after the 1-485 application has been pending for 6 months :)
;)
People will be filing their I-485, not their EAD. EAD is something one gets after the 1-485 application has been pending for 6 months :)
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meher
12-26 10:50 AM
Today based on the talks with my employer, he told that he will not be able to process my payments. I informed him that i am going to DOL. He has not committed but has said that legally he has to pay only the minimum wage requirement which is the 44000$ only. I am in the process to consult attorney at present.
Dear Internet,
I am not an anti immigrant, but i am a legal immigrant(hope you are also one like me) and trying to get your help. Please don't look at all people with suspicious eyes.
As it has gone this far let me give my Employer Details
Objects Worldwide Incorporation it is based in Virginia.
Address below.
Objects Worldwide Inc.
10316, Wood Road Suite �A�,
Fairfax, VA 22030
http://www.owiusa.com
Dear Internet,
I am not an anti immigrant, but i am a legal immigrant(hope you are also one like me) and trying to get your help. Please don't look at all people with suspicious eyes.
As it has gone this far let me give my Employer Details
Objects Worldwide Incorporation it is based in Virginia.
Address below.
Objects Worldwide Inc.
10316, Wood Road Suite �A�,
Fairfax, VA 22030
http://www.owiusa.com
more...
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deba
06-05 05:42 PM
In the same boat, I have the same status on USPS tracking for delivery at TSC. Will wait and see if the status changes or if they cash the check. So I guess you are not alone. :-)
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das0
06-16 02:44 PM
Predierock,
Can you please adivse on the following:
My wife is currently on H4.
She has a H1b approved for 3 years to start working on October 1, 2007.
Now, she gets a EAD (though my I-485) to start working on September 1, 2007 valid for 1 year only.
She has a job and the company would like her join asap.
Questions are:
1. Will her EAD (I-485 pending) cancel her H1B approval for the company?
2. Can she work only Sept 1 - Spet-30 on EAD and then fall-back on her H1B (Oct 1 - later) for next 3 years?
We know that H1b is approved and all set for 3 years but Green-Card-EAD is only valid for 1 yr only and sometimes renwal takes time and $$ and bit riskly. So we cant decide if we should stick to her alreay approved H1b or fall back on EAD.
Please advise folks.
Can you please adivse on the following:
My wife is currently on H4.
She has a H1b approved for 3 years to start working on October 1, 2007.
Now, she gets a EAD (though my I-485) to start working on September 1, 2007 valid for 1 year only.
She has a job and the company would like her join asap.
Questions are:
1. Will her EAD (I-485 pending) cancel her H1B approval for the company?
2. Can she work only Sept 1 - Spet-30 on EAD and then fall-back on her H1B (Oct 1 - later) for next 3 years?
We know that H1b is approved and all set for 3 years but Green-Card-EAD is only valid for 1 yr only and sometimes renwal takes time and $$ and bit riskly. So we cant decide if we should stick to her alreay approved H1b or fall back on EAD.
Please advise folks.
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reddog
04-17 12:00 PM
My passport expires in 6 months. What is the earliest time before passport expiry can I apply for my Indian passport renewal. How long will it take to process it.
You can renew your passport 1 year in advance and for less than 6 months after expiry.
The processing time depends on the consulate you are applying to.
However, it usually takes under a month to get it processed. Most consulate offices do have the tatkal system, if you need it in a week.
http://www.cgisf.org/passport/ppts_npp.html
You can renew your passport 1 year in advance and for less than 6 months after expiry.
The processing time depends on the consulate you are applying to.
However, it usually takes under a month to get it processed. Most consulate offices do have the tatkal system, if you need it in a week.
http://www.cgisf.org/passport/ppts_npp.html
gps001
12-26 04:25 PM
Thanks for your response. Only NLSUBBU has had some experience. I have seen his messages in some other queries too. But more often, I have seen that people suggest that its better to get a H1-B stamped, just to make sure that you don' t need to renew your AP every year.
The expense is about the same, as you need to renew AP every year and H1 only once in 3 years.
Thanks again.
I think when you renew the H1B with the same employer. You are back to H1B status from Parolee status. SO I guess you can do a H1B extension with a different company later...just my thoughts
The expense is about the same, as you need to renew AP every year and H1 only once in 3 years.
Thanks again.
I think when you renew the H1B with the same employer. You are back to H1B status from Parolee status. SO I guess you can do a H1B extension with a different company later...just my thoughts
mps
08-15 05:02 PM
You need to read AC21 carefully
On exploring this topic further, I found that, at times, DOL conducts an audit to check if the employer paid the proffered wage to the beneficiary after GC approval. In case of a violation, DOL bans the employer from processing further H1�s or GC�s.
On rare occasions, USCIS revokes previously approved GC�s in case of fraud.
Also during naturalization, USCIS checks the duration of employment with the GC position after I-485 approval. Naturalization might be denied if the duration of employment is very short.
On exploring this topic further, I found that, at times, DOL conducts an audit to check if the employer paid the proffered wage to the beneficiary after GC approval. In case of a violation, DOL bans the employer from processing further H1�s or GC�s.
On rare occasions, USCIS revokes previously approved GC�s in case of fraud.
Also during naturalization, USCIS checks the duration of employment with the GC position after I-485 approval. Naturalization might be denied if the duration of employment is very short.