waitin_toolong
09-22 12:46 PM
Yes, You Green Card would evaporate after 3 months. Do not take 50% cut!
what do you base this on
what do you base this on
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ashkam
02-25 01:00 PM
She doesn't have to go for H4 Visa stamping, as she already has a valid H4 Visa stamping valid until Aug 2009. (I think). I'm more worried about Port of Entry, if she will have any problems..
You are wrong. Since she is currently on an H1B, her previous H4 stamp is invalid. She will need to get it restamped. When she returns, at the port of entry, unless she gets her H4 restamped, her status will be H1B and she will not be let in on her old H4 stamp.
You are wrong. Since she is currently on an H1B, her previous H4 stamp is invalid. She will need to get it restamped. When she returns, at the port of entry, unless she gets her H4 restamped, her status will be H1B and she will not be let in on her old H4 stamp.
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readblack
10-25 01:57 PM
Hi,
I am in similar boat and have some additional comments/questions.
My Labor PERM filed July08, I140 Approved Aug09. PD for EB2 not available. H1B 6yr expire in sep2010.
1. If H1B is transferred to another employer before March2010, does it mean my current exployer holdmy destiny, as he can revoke my I140 and I cannot apply for 3 year renewal? I can get copy of I140 approval.
2. What exactly 'revoke I140' means? does it mean current employer calls USCIS and asks to do something to my petition?
3. Incase current employer doesnot revoke I140,Is it possible that my PD would always be july2008 even if
-a. I switch employers and they file H1B?
-b. I go outside country for 6-11months for job or study and come back and work on H1B extension of 3 yrs?
-c. I am unemployed and on H4 in between for sometime?
Thanks in advance.
I am in similar boat and have some additional comments/questions.
My Labor PERM filed July08, I140 Approved Aug09. PD for EB2 not available. H1B 6yr expire in sep2010.
1. If H1B is transferred to another employer before March2010, does it mean my current exployer holdmy destiny, as he can revoke my I140 and I cannot apply for 3 year renewal? I can get copy of I140 approval.
2. What exactly 'revoke I140' means? does it mean current employer calls USCIS and asks to do something to my petition?
3. Incase current employer doesnot revoke I140,Is it possible that my PD would always be july2008 even if
-a. I switch employers and they file H1B?
-b. I go outside country for 6-11months for job or study and come back and work on H1B extension of 3 yrs?
-c. I am unemployed and on H4 in between for sometime?
Thanks in advance.
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rockstart
08-11 09:25 AM
EB2 I PD 02/27/2006
I 140 Approved Nov 2006
RD for I 485: 08/10/2007
I 140 Approved Nov 2006
RD for I 485: 08/10/2007
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NO_Free_Rider
09-10 09:13 PM
Hi,
I know there have been numerous posts regarding this matter, but there have been a lot of different responses to the same question. I would really appreciate it if you could please have a look at the questions below and clarify these matters, not only for me, but also for a lot of other IV members who are in the same boat as me.
I am working for an IT consulting company on an H1B visa. My employer (Company X) has applied for my green card under the EB3/India category. I have my labor and I-140 approved. My priority date is March 2006. .... ....
That was real quick to get Labor & I-140 approved in 6 months. I thought PERM is taking more time these days. Also at this pace who needs premium I-140 processing?
I know there have been numerous posts regarding this matter, but there have been a lot of different responses to the same question. I would really appreciate it if you could please have a look at the questions below and clarify these matters, not only for me, but also for a lot of other IV members who are in the same boat as me.
I am working for an IT consulting company on an H1B visa. My employer (Company X) has applied for my green card under the EB3/India category. I have my labor and I-140 approved. My priority date is March 2006. .... ....
That was real quick to get Labor & I-140 approved in 6 months. I thought PERM is taking more time these days. Also at this pace who needs premium I-140 processing?
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pappu
06-19 09:13 AM
See
http://immigrationvoice.org/wiki/index.php/US_I-485_RFE_Birth_Certificate
http://immigrationvoice.org/wiki/index.php/US_I-485_RFE_Birth_Certificate
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GC_1000Watt
12-09 05:40 PM
sorry didnt see the last 2 lines of your post starscream....
i will talk to some lawyers and hopefully get some answers.
my company said the appeal will take atleast 6-7 months nowadays...
i can work till then without issues.
Hi Sid,
Can you please share your experience with us. I am sure by now your case has been resolved. Please share information.
Thanks.
i will talk to some lawyers and hopefully get some answers.
my company said the appeal will take atleast 6-7 months nowadays...
i can work till then without issues.
Hi Sid,
Can you please share your experience with us. I am sure by now your case has been resolved. Please share information.
Thanks.
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dhirajs98
02-29 01:48 PM
Thanks guys for your replies. My employer has more than 100 consultants and I think it is a stable financially. I never had any problems in my salary. I was paid on time always.
So you mean after appeal they can approve my I140?
I do not know my PD. But my labor was filed sometime in Dec 2006.
Chantu,
I had this issue with my labor not with I140. My employer provided all the required documents and then it was approved. As long as your company is financialy sound . you should get approved.
BTW, when did you file your I-140?
EB2 or EB3?
So you mean after appeal they can approve my I140?
I do not know my PD. But my labor was filed sometime in Dec 2006.
Chantu,
I had this issue with my labor not with I140. My employer provided all the required documents and then it was approved. As long as your company is financialy sound . you should get approved.
BTW, when did you file your I-140?
EB2 or EB3?
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ssd213
02-25 04:53 PM
Bear in mind the following
You dont need to pay any tax in India for money that you withdraw from your 401k for only upto two years after you return back to india. (your are no longer a nri and the 2 years is the buffer)
For any money you withdraw after 2 years, you need to tay tax in US (which shouldnt be a lot if you withdraw little by little and you being non-resident of usa) and also pay tax in india (which could be quite a bit)
You dont need to pay any tax in India for money that you withdraw from your 401k for only upto two years after you return back to india. (your are no longer a nri and the 2 years is the buffer)
For any money you withdraw after 2 years, you need to tay tax in US (which shouldnt be a lot if you withdraw little by little and you being non-resident of usa) and also pay tax in india (which could be quite a bit)
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desi3933
05-10 09:43 AM
More like an idle mind ;)
Thanks. I have fixed the typo.
.
Thanks. I have fixed the typo.
.
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martinvisalaw
02-15 06:54 PM
You or your wife's country of birth is important factor in whether you will save much time by being EB-2. If you are from China, your EB-2 priority date (PD) would be about 2.5 years ahead of the EB-3 date. However, since it could take 2 years to get a new PERM and I-140 approved, it wouldn't save much time. For India and other countries that are current, the difference might be worth it. Of course, your employer has to be willing to go through the work and expense of redoing PERM and the I-140, and must have an EB-2 position available for you.
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The7zen
03-24 02:23 PM
...looks like you are in a tough situation...try to get a H1B transfer ASAP, i know its gonna be tough in this market, but don't loose hope and keep trying...Good luck.
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Shivani
02-23 10:54 AM
Hello Sir,
I'm in H1B visa, so also my husband.
In this time of recession, i fear if I'm laid off, wanted to seek your valuable guiance on the following:
- transfer my status from H1 to H4? have all pay stubs in tact.
- return back to H1 B status once I find an opening with new company? All I will need to do is transfer my H4 status back to my same H1B visa?
- visa in passport is originally stamped for Oct 2009 when I came from India, and I have my new I797 with validity date as Apr 2011. Do I still have I797 as valid even if I'm laid off?
Please let me have your views on this. Highly appreciate a speedy response.
Thank you in advance,
Shivani:confused:
I'm in H1B visa, so also my husband.
In this time of recession, i fear if I'm laid off, wanted to seek your valuable guiance on the following:
- transfer my status from H1 to H4? have all pay stubs in tact.
- return back to H1 B status once I find an opening with new company? All I will need to do is transfer my H4 status back to my same H1B visa?
- visa in passport is originally stamped for Oct 2009 when I came from India, and I have my new I797 with validity date as Apr 2011. Do I still have I797 as valid even if I'm laid off?
Please let me have your views on this. Highly appreciate a speedy response.
Thank you in advance,
Shivani:confused:
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va_dude
01-29 10:21 AM
I'm a bit confused too.
You guys have PDs in late 2004 for EB3 India and your 485 was already looked at?
Are you guys also Jul/Aug 2007 filers?
-va_dude
You guys have PDs in late 2004 for EB3 India and your 485 was already looked at?
Are you guys also Jul/Aug 2007 filers?
-va_dude
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GCanyMinute
09-10 08:42 AM
I think you can port your PD, even if the employer revokes I-140 and uses the underlying labor to someone else. Even then you retain your PD. Just wanted to correct.
See this Q&A from Mathew Oh:
# Q8(07-30-06): I and my wife are Indins. I am a software engineer and my wife is a M.D. I started a EB-3 labor certification through an Indian IT consulting company in Texas on March 2, 2001. Both of us are in H-1B status. We filed concurrent I-140 petition and I-485 application. in April 2005. However, the employer was angry at me for my intent to work with another employer and withdrew my approved I-140 petition. Based on the withdrawal, the Texas Service Center revoked my I-140 and denied our pending I-485 applications. My MD wife started a EB-2 labor certification in September 2005 which was approved in November 2005. I am still within H-1B six year limit and my wife also maintains her own H-1B. EB-2 visa number has been retrogressed from October 2005 and from day after tomorrow, EB-2 number will be completely unavailable. We are so frustrated. We have two children born in the U.S. Her medical practice has been working well and she is really looking foward to her medical career in the U.S. I understand that the priority date is locked and backpacked by the alien beneficiary once I-140 petition is approved. I do not see why my wife can not use this priority date of March 2, 2001 and we file I-485 applications again. What do you think, sir?
A. It is true that a priority date is locked and backpacked by the alien beneficiary once I-140 petition is approved unless the approved I-140 petition is revoked for fraud, revoked by invalidation of the underlying labor certification application or revoked by the Department of State for failure to apply for the immigrant visa within one year from the notice of immigrant visa application by the agency. Otherwise, the alien carries the prioriy date for life in his backpack. Accordingly, the priority date is controlled by the employer until the I-140 petition is approved, but once the I-140 petition is approved, the employer loses control over the priority date and the alien keeps the priority date. Accordingly, if you start a PERM application now and quickly obtain a EB-3 I-140 petition based on the approved PERM, you may be able to file I-485 applications again soon as the USCIS is poised to launch the Premium Processing Services of EB-3 I-140 petitions next month. However, the priority date is not transferrable to your MD spouse and you cannot file I-485 application as a derivative beneficiary of your wife's EB-2 petition based on your priority date. The PERM labor certification nowadays takes a little bit longer, but it is do-able in a fairly limited period of time. Unfortunately, in your case, you cannot extend H-1B beyond six years as one-year increment extension is not available because your I-485 denial became "final." Once denial of labor certification or I-140 or I-485 becomes final, your cannot apply for the H-1B extension beyond six year limit in one-year increment. You cannot apply for H-1B extension in three-year increment because your I-140 petition has been revoked and there is no longer adjustment of status proceeding pending for you and your family. Besides, the Indian EB-3 visa number is availalbe and when you are not suffering from the visa retrogression, you cannot apply for the three-year increment H-1B petition using the AC-21 Act. It appears that your new employer should run fast to develop and file a PERM application. For your purpose, you do not have to be bothered by the issue of EB-2 or EB-3 as the visa number is available for your EB-3 India. Good luck.
See this Q&A from Mathew Oh:
# Q8(07-30-06): I and my wife are Indins. I am a software engineer and my wife is a M.D. I started a EB-3 labor certification through an Indian IT consulting company in Texas on March 2, 2001. Both of us are in H-1B status. We filed concurrent I-140 petition and I-485 application. in April 2005. However, the employer was angry at me for my intent to work with another employer and withdrew my approved I-140 petition. Based on the withdrawal, the Texas Service Center revoked my I-140 and denied our pending I-485 applications. My MD wife started a EB-2 labor certification in September 2005 which was approved in November 2005. I am still within H-1B six year limit and my wife also maintains her own H-1B. EB-2 visa number has been retrogressed from October 2005 and from day after tomorrow, EB-2 number will be completely unavailable. We are so frustrated. We have two children born in the U.S. Her medical practice has been working well and she is really looking foward to her medical career in the U.S. I understand that the priority date is locked and backpacked by the alien beneficiary once I-140 petition is approved. I do not see why my wife can not use this priority date of March 2, 2001 and we file I-485 applications again. What do you think, sir?
A. It is true that a priority date is locked and backpacked by the alien beneficiary once I-140 petition is approved unless the approved I-140 petition is revoked for fraud, revoked by invalidation of the underlying labor certification application or revoked by the Department of State for failure to apply for the immigrant visa within one year from the notice of immigrant visa application by the agency. Otherwise, the alien carries the prioriy date for life in his backpack. Accordingly, the priority date is controlled by the employer until the I-140 petition is approved, but once the I-140 petition is approved, the employer loses control over the priority date and the alien keeps the priority date. Accordingly, if you start a PERM application now and quickly obtain a EB-3 I-140 petition based on the approved PERM, you may be able to file I-485 applications again soon as the USCIS is poised to launch the Premium Processing Services of EB-3 I-140 petitions next month. However, the priority date is not transferrable to your MD spouse and you cannot file I-485 application as a derivative beneficiary of your wife's EB-2 petition based on your priority date. The PERM labor certification nowadays takes a little bit longer, but it is do-able in a fairly limited period of time. Unfortunately, in your case, you cannot extend H-1B beyond six years as one-year increment extension is not available because your I-485 denial became "final." Once denial of labor certification or I-140 or I-485 becomes final, your cannot apply for the H-1B extension beyond six year limit in one-year increment. You cannot apply for H-1B extension in three-year increment because your I-140 petition has been revoked and there is no longer adjustment of status proceeding pending for you and your family. Besides, the Indian EB-3 visa number is availalbe and when you are not suffering from the visa retrogression, you cannot apply for the three-year increment H-1B petition using the AC-21 Act. It appears that your new employer should run fast to develop and file a PERM application. For your purpose, you do not have to be bothered by the issue of EB-2 or EB-3 as the visa number is available for your EB-3 India. Good luck.
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mhtanim
10-28 03:29 PM
You should apply for a SSN. If you find a job, the employer will ask you to fill-up a W4 Form. To set you up in company payroll, SSN would be a requirement.
Also, as some other people have mentioned, even if you don't plan to work, you should still get a SSN to establish your credit history.
Applying for a SSN and getting it and has NO impact on your immigration status.
Also, as some other people have mentioned, even if you don't plan to work, you should still get a SSN to establish your credit history.
Applying for a SSN and getting it and has NO impact on your immigration status.
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kumar1
11-24 02:11 PM
There is always a calculated risk in extending I-94. No one can predict the outcome of this process. Personally, I would not do it.
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dealsnet
05-06 04:10 PM
Your earlier post regarding same story about your friend. Now you are telling it is your case. Which one is true.???
Are you making story and make sensation??
Guys see her earlier post.
http://immigrationvoice.org/forum/showthread.php?p=329024#post329024
Urgent:h1 visa holder leaving country without informing employer!
--------------------------------------------------------------------------------
Please help!
One of my friends holding h1 visa had to travel outsdie the country for a family emergency. She informed her employer at the earliest opportunity she had, after reaching India. Now her employer had filed a law suit against her, stating that it is against law to leave the country without informing the employer! Is this true? Will she be in trouble? The employer had not paid her salary for past 2 months. She is ok with not continuing her employment with this employer if they are not willing to give the pay slips, and is ok with staying in India for a while. But she is worried that, will this case cause her any issue in future, when she return back to USA?
Any valuable suggestion will be highly appreciated.
My employer needs to pay me back wages for 3 months from Dec-2008 to Feb-2009. I travelled to India in March and informed the employer about the same after reaching India. Now the employer have filed a civil case against me for contract dispute. Can I file a complaint against my employer in Department of Labor, to get back the pending wages till March from outside the country?
Please help, as we are in a difficult financial situation and I cannot pay the employer the amount he demands for contract dispute, if the court rules against me, unless he pays me my pendng wages.
Are you making story and make sensation??
Guys see her earlier post.
http://immigrationvoice.org/forum/showthread.php?p=329024#post329024
Urgent:h1 visa holder leaving country without informing employer!
--------------------------------------------------------------------------------
Please help!
One of my friends holding h1 visa had to travel outsdie the country for a family emergency. She informed her employer at the earliest opportunity she had, after reaching India. Now her employer had filed a law suit against her, stating that it is against law to leave the country without informing the employer! Is this true? Will she be in trouble? The employer had not paid her salary for past 2 months. She is ok with not continuing her employment with this employer if they are not willing to give the pay slips, and is ok with staying in India for a while. But she is worried that, will this case cause her any issue in future, when she return back to USA?
Any valuable suggestion will be highly appreciated.
My employer needs to pay me back wages for 3 months from Dec-2008 to Feb-2009. I travelled to India in March and informed the employer about the same after reaching India. Now the employer have filed a civil case against me for contract dispute. Can I file a complaint against my employer in Department of Labor, to get back the pending wages till March from outside the country?
Please help, as we are in a difficult financial situation and I cannot pay the employer the amount he demands for contract dispute, if the court rules against me, unless he pays me my pendng wages.
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harry15
02-14 08:44 AM
Thanks for all the prompt replies.
gc_buddy
12-02 01:06 AM
We got an RFE on my wife's I-485 requesting for copy of marriage certificate. Our priority date is August 2005. ND is September 05, 2007.
Anyone else in the same boat? Does this mean USCIS has began processing the 2005 apps?
Not really. There appears to be no orderly fashion. My PD is June 2007 EB2. I got an RFE on My I 485 in May 2008.
Anyone else in the same boat? Does this mean USCIS has began processing the 2005 apps?
Not really. There appears to be no orderly fashion. My PD is June 2007 EB2. I got an RFE on My I 485 in May 2008.
bekugc
03-31 11:33 AM
previously when entering on AP, they used to ask for receipt of 485.
so main proof they look for is a valid 'inprogress' 485 appln.
i dont think theyll ask ur wife to show her EAD card at the port of entry.
to be safe, give her a cpy of 485 reciept, a copy of the receipt for the new EAD, and carry the old ead card. i think u shud be fine.
having valid , nonlapsed EAD cards is probably only imp for those who are USING the ead. if ur wife is not working and if her ead arrves few weeks late, it wont matter as long as u have applied for its renewal and have proof of it.
this shud be an easy qn for ur attorney.
so main proof they look for is a valid 'inprogress' 485 appln.
i dont think theyll ask ur wife to show her EAD card at the port of entry.
to be safe, give her a cpy of 485 reciept, a copy of the receipt for the new EAD, and carry the old ead card. i think u shud be fine.
having valid , nonlapsed EAD cards is probably only imp for those who are USING the ead. if ur wife is not working and if her ead arrves few weeks late, it wont matter as long as u have applied for its renewal and have proof of it.
this shud be an easy qn for ur attorney.
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