indio0617
12-13 12:53 PM
Surprising right? May be this is the first time anyone would have posted this kind of post but yes I am in that situation.
I am EB2 and retrogressed with I-140 cleared. I am working for a client and they are willing to take me in and process my fresh green card. I am not too keen about it because they said they can file only on EB3.
My PD is Sept 2005. Now can you guys give our your honest opinion in what you would have done if you were in similar situation. The client is a good top 10 client and you will have a stable job that is garunteed.
Appreciate your thoughts to help my plan.
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 , we have to stop thinking that GC is above everything. Work on it as much as you can, but do not miss out on good career moves.
Do what you feel is best for you and what you can make peace with. My 2 cents..
I am EB2 and retrogressed with I-140 cleared. I am working for a client and they are willing to take me in and process my fresh green card. I am not too keen about it because they said they can file only on EB3.
My PD is Sept 2005. Now can you guys give our your honest opinion in what you would have done if you were in similar situation. The client is a good top 10 client and you will have a stable job that is garunteed.
Appreciate your thoughts to help my plan.
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 , we have to stop thinking that GC is above everything. Work on it as much as you can, but do not miss out on good career moves.
Do what you feel is best for you and what you can make peace with. My 2 cents..
cbpds
06-01 07:00 PM
Cant agree with you more, the below request should be dealt with separately instead of been clubbed with other major issues( akin to legal immigration clubbed with CIR), will need Congress approval though.
Request IV to highlight this issue separately as it will surely help a small section hanging between H1 and EAD, who are not in the "safe" zone.
There should be boat load of people who have their I140 approved and stuck. Irrespective of the population, it is important that this be addressed. They are one job away from loosing status. By issuing a 3 year employer independent EAD before a PR number becomes available is worthy cause. By this way, everyone in the pipeline knows that someday their paperwork will be cleared for good and until then they have the EAD to keep them going. The very fact that an I140 has been approved for a petitioner and the intent to immigrate has been approved, should allow the petitioner the temporary relief of having the choice to work and live little better. The the only thing that is preventing your status validated is the availability of Visa number, which is more of a procedural/legislative issue. So, hope this request is pushed in one or another form.
Request IV to highlight this issue separately as it will surely help a small section hanging between H1 and EAD, who are not in the "safe" zone.
There should be boat load of people who have their I140 approved and stuck. Irrespective of the population, it is important that this be addressed. They are one job away from loosing status. By issuing a 3 year employer independent EAD before a PR number becomes available is worthy cause. By this way, everyone in the pipeline knows that someday their paperwork will be cleared for good and until then they have the EAD to keep them going. The very fact that an I140 has been approved for a petitioner and the intent to immigrate has been approved, should allow the petitioner the temporary relief of having the choice to work and live little better. The the only thing that is preventing your status validated is the availability of Visa number, which is more of a procedural/legislative issue. So, hope this request is pushed in one or another form.
h1bnogc
08-28 10:03 PM
Hi Martin,
Thanks once again for your reply with in no time.I really admire your service.I went through your Faqs but the part i dint understood is..
If you don't show the extension approval notice (maybe because you didn't know the case was approved before you returned), you will get just the old expiration date on your new I-94. This will then be the operative end date, not the extension date. This is because CIS has a "last action" rule, whereby the last status they give you is what governs. In this situation, the last action would be your admission until the visa and date.
As i get a new I94 attached with expiration date as my new 797 approval date(Assuming i get approval after my travel when i am in USA) .So my old I94 is valid till My present visa date and after that i have my New I 94 which is valid till my Extension approval date.So iam unable to get what complication i may get into.Only problem i can think of is if i dont get I 94 attached to my I 797 Approval Notice.Do let me know if iam missing anything.Thanks again.
san3297: Please share your experience, it will be greatly helpful to many.
Thanks once again for your reply with in no time.I really admire your service.I went through your Faqs but the part i dint understood is..
If you don't show the extension approval notice (maybe because you didn't know the case was approved before you returned), you will get just the old expiration date on your new I-94. This will then be the operative end date, not the extension date. This is because CIS has a "last action" rule, whereby the last status they give you is what governs. In this situation, the last action would be your admission until the visa and date.
As i get a new I94 attached with expiration date as my new 797 approval date(Assuming i get approval after my travel when i am in USA) .So my old I94 is valid till My present visa date and after that i have my New I 94 which is valid till my Extension approval date.So iam unable to get what complication i may get into.Only problem i can think of is if i dont get I 94 attached to my I 797 Approval Notice.Do let me know if iam missing anything.Thanks again.
san3297: Please share your experience, it will be greatly helpful to many.
vts31
10-22 04:17 PM
i always start a drawing or anything, with primitives. Usually circles and curves because they are organik..if i want something more rigid i uses cubes...then i try to visualize that primitives potential and how i can link it to something else alter in the composition...after i do that 1 of 2 things happen, I either do it or i get scared ima ruin it and just go work on something else.
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tnite
08-09 10:39 PM
bump
sr77
09-26 01:00 PM
Please update profile before someone can help.
Just did it. I put in the information that I have.
Just did it. I put in the information that I have.
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lecter
January 6th, 2005, 07:40 PM
Now I am Jealous......... you guys make it look easy, and I have no clue on how you get the color into the B&W like you do..........................
Simple technique:-
Add a duplicate layer
Desaturate the top layer, make it the shade you like etc etc
select the eraser tool
make sure it's flowing 100% and you're viewing the picture at 100%
erase the area you want coloured and the colour from the bottom layer will come through.
flatten
bingo!!!
Simple technique:-
Add a duplicate layer
Desaturate the top layer, make it the shade you like etc etc
select the eraser tool
make sure it's flowing 100% and you're viewing the picture at 100%
erase the area you want coloured and the colour from the bottom layer will come through.
flatten
bingo!!!
Desertfox
06-01 08:39 PM
Your current salary has nothing to do with your Labor Certification. LC is for a future job offer and you are supposed to get that salary only after your I-485 approval. Hence there is nothing to worry about it.
As your current salary is per H1 LCA, you are absolutely ok and there is nothing illegal in your nonimmigrant status as well. There might have been issues during your I-485 adjudicatiion if you were not being paid per your H1 LCA, since that is considered as abuse to your nonimmigrant status.
As your current salary is per H1 LCA, you are absolutely ok and there is nothing illegal in your nonimmigrant status as well. There might have been issues during your I-485 adjudicatiion if you were not being paid per your H1 LCA, since that is considered as abuse to your nonimmigrant status.
more...
radosav
08-22 01:43 PM
Paper filed to TSC and my 485 is pending at NSC
PD: EB3 Dec 2002
EAD sent to TSC on July 10th
RD: Jul 11th
ND: Jul13th
EAD expiring on Oct 3rd.So my countdown started.
This is scary man...
our expiration date is the same as yours Oct 3rd. I dont wanna scare you but we e-filed @ TSC on June 8, had our FP July 8 and I-485 is pending @ TSC. It still took 67 days to get CPO e-mail on 8/14 and we finally got our cards 8/20. So altogether 73 or so days.
Hope this helps
PD: EB3 Dec 2002
EAD sent to TSC on July 10th
RD: Jul 11th
ND: Jul13th
EAD expiring on Oct 3rd.So my countdown started.
This is scary man...
our expiration date is the same as yours Oct 3rd. I dont wanna scare you but we e-filed @ TSC on June 8, had our FP July 8 and I-485 is pending @ TSC. It still took 67 days to get CPO e-mail on 8/14 and we finally got our cards 8/20. So altogether 73 or so days.
Hope this helps
perm2gc
01-08 04:34 PM
How did you guys manage to get H1's so recently from H4?
Is there a way that H4 are exempt from the H1 quota?
The H4 to H1 applied in 2006 quota is very slow.Some cases are getting approval even in jan(one of my friends wife got approval last week).
No rule yet to exempt H4 from H1 quota.
Is there a way that H4 are exempt from the H1 quota?
The H4 to H1 applied in 2006 quota is very slow.Some cases are getting approval even in jan(one of my friends wife got approval last week).
No rule yet to exempt H4 from H1 quota.
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gnutin
06-10 12:43 PM
Hi Gurus,
I came to U.S in May 2006. The company for which currently I am working (Company A) filed my labor (EB2) in October 2009. The labor got approved in May 2010.
My Visa is expiring in March 2011.
Now the attorney has asked me for the documents to proceed with I140.Hopefully my I140 will be filed in couple weeks.
Now my question is that, I am planning to change my job (to employer B) in September 2010.
Please help with your valuable answers for the following questions:-
1. How long does it take to get the i140 approved?
(Regular/Premium)
It is typically taking 1 to 3 months with Regular, but there are cases stuck for much longer too. (Refer to .com for a general idea). With Premium it should be within 30-45 days.
2. What will happen to the PD if employer A withdraws or revokes my I140 approval after I join company B? Can I still carry over my PD?
You lose your PD if employer A revokes the I-140 approval. Note that this revocation is not common and is generally seen in fraud cases.
3. At this point of time how long will I get the new Visa extension when I do the H1B Transfer from employer B?
Premium processing would take less than 30 days. To be safe move after employer B receives the approval.
4. What are the documents I need from employer A if I have to carry forward my PD to the employer B's Green Card process?
You need a copy of the I-140 approval notice and a copy of your PERM labor filing. Any other documents would be a plus because they would help the employer B's attorneys to prepare similar applications.
5. Does the new job need to be the same title and job requirements as the old one?
For porting PD, the answer is no. In fact new job can be EB2 while the old one was EB3.
I came to U.S in May 2006. The company for which currently I am working (Company A) filed my labor (EB2) in October 2009. The labor got approved in May 2010.
My Visa is expiring in March 2011.
Now the attorney has asked me for the documents to proceed with I140.Hopefully my I140 will be filed in couple weeks.
Now my question is that, I am planning to change my job (to employer B) in September 2010.
Please help with your valuable answers for the following questions:-
1. How long does it take to get the i140 approved?
(Regular/Premium)
It is typically taking 1 to 3 months with Regular, but there are cases stuck for much longer too. (Refer to .com for a general idea). With Premium it should be within 30-45 days.
2. What will happen to the PD if employer A withdraws or revokes my I140 approval after I join company B? Can I still carry over my PD?
You lose your PD if employer A revokes the I-140 approval. Note that this revocation is not common and is generally seen in fraud cases.
3. At this point of time how long will I get the new Visa extension when I do the H1B Transfer from employer B?
Premium processing would take less than 30 days. To be safe move after employer B receives the approval.
4. What are the documents I need from employer A if I have to carry forward my PD to the employer B's Green Card process?
You need a copy of the I-140 approval notice and a copy of your PERM labor filing. Any other documents would be a plus because they would help the employer B's attorneys to prepare similar applications.
5. Does the new job need to be the same title and job requirements as the old one?
For porting PD, the answer is no. In fact new job can be EB2 while the old one was EB3.
ImmigrationAnswerMan
06-29 10:35 PM
The answer is that there are restrictions on using experience gained in the position with the same company. The reason being that you cannot say that the minimum requirement for the position is a BA + 5 when you were hired for the position with less than a BA + 5 experience.
If you use experience gained with the same company the PERM application will be audited. One way to respond to the audit is by showing that you are filing for a different position than the one you gained the experience in and that the position for which you are filing is not substantially comparable to the position where you gained the experience.
My suggestion to you is that you use an experienced immigration attorney that you trust. The laws and procedures involved in filing a PERM application are so complicated and subtle that there are many immigration law attorneys who do not handle PERM cases. I know there are lots of companies that fumble their way through the process without an attorney and are lucky enough not to get audited, but that is just trusting your future to the luck of the draw.
If you use experience gained with the same company the PERM application will be audited. One way to respond to the audit is by showing that you are filing for a different position than the one you gained the experience in and that the position for which you are filing is not substantially comparable to the position where you gained the experience.
My suggestion to you is that you use an experienced immigration attorney that you trust. The laws and procedures involved in filing a PERM application are so complicated and subtle that there are many immigration law attorneys who do not handle PERM cases. I know there are lots of companies that fumble their way through the process without an attorney and are lucky enough not to get audited, but that is just trusting your future to the luck of the draw.
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Kevin Sadler
June 16th, 2005, 09:59 AM
this is going to be very subjective. even though there is detail less black in the first one in the nect area i think it "looks" fine. in my opinion there is too much detail less black in the second one, that makes it "look" too dark. also the first one is sooo good there's not much you can do with the second one to bring it to that level. thx, kevin
dilbert_cal
03-14 01:10 AM
I hope someone out there in a similar situation can help me out.
I have given my real estate agent several referrals and for each I receive a cash amount. I'm on an H1B visa, am I able to receive income from someone other than my employer?
I've searched the web and have been able to find out that this should be reported as taxable income, I'm just not sure if I can receive it due to my immigration status.
Any comments or tips are welcome.
You are supposed to report ALL income regardless of its legal validity or not. Having said that, legally you are not allowed to have any other income other than from your H1B sponsoring company. I dont know though how this compares to the other deals wherein you open a Bank A/c and get 200 bucks and others like that.
Another point you may want to find out more is if your real estate agent is showing the amount paid to you as an expense or not.
And finally, I hope whoever you referred did get a full disclosure from you that you might be compensated for the referral :-)
I have given my real estate agent several referrals and for each I receive a cash amount. I'm on an H1B visa, am I able to receive income from someone other than my employer?
I've searched the web and have been able to find out that this should be reported as taxable income, I'm just not sure if I can receive it due to my immigration status.
Any comments or tips are welcome.
You are supposed to report ALL income regardless of its legal validity or not. Having said that, legally you are not allowed to have any other income other than from your H1B sponsoring company. I dont know though how this compares to the other deals wherein you open a Bank A/c and get 200 bucks and others like that.
Another point you may want to find out more is if your real estate agent is showing the amount paid to you as an expense or not.
And finally, I hope whoever you referred did get a full disclosure from you that you might be compensated for the referral :-)
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rongha_2000
07-17 03:55 PM
I am ashamed to read these comments coming from "highly skilled" people. Administrators please take preventive steps. We dont want some sickos malign IV. :mad: :mad:
Murthy is a she...and I would but I'm not single. ;)
Murthy is a she...and I would but I'm not single. ;)
harsh
01-02 09:21 PM
My contribution is on way too.
Confirmation no:5YP659022V963134M
Confirmation no:5YP659022V963134M
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windycloud
07-16 09:45 AM
Both have same I-94 number with different visa class and expiry date. I think you have to hand the one that came with h1b. I think either way it will be in system since both I-94 have same number.
I have a slight problem. My two I-94s do NOT have the same number. My immigration attorney's office screwed up when applying for my H-1B. They made a 1 into a 4 by mistake.
I have a slight problem. My two I-94s do NOT have the same number. My immigration attorney's office screwed up when applying for my H-1B. They made a 1 into a 4 by mistake.
bheemi
07-31 05:41 PM
Unless you use AP to travel outside, you can work on EAD and status of H4 is not going to be affected..So dont fear, just pose the question to lawyer in immigration-law.com. Or else you can search in the advanced q/a in that website u may find answer..
jayleno
12-16 10:42 AM
Its very sad that such employers exist. What did your lawyer have to say regarding this? Is the lawyer appointed by the company or yourself? If the lawyer was apoointed by your ex-employer, I think the safest thing is to get your paperwork and move to a different lawyer to represent you. Please do not panic, fight it out.
I'm EB3 (ROW)...PD: May 2006. My I485 is pending more than 18 months and I140 is approved a year ago. Recently, my boss fired me. I left the company and got a better job within a week. thanks god.
Now my ex-employer is calling my lawyer and bringing some alligation against me and asking my lawyer to withdraw my case. He also mentioned to my lawyer that he is going to call the immigration and take action against me by withdrawing my case.
1...Does anyone have any idea how the immigration going to react after listening to his alligation against me?
2...by submitting any paperwork to them can he hamper my proessing?
3...Do i have anything to scare about?
4...what should i do now?
This issues a very crutial to me now. he is one of those nasty desi employer's who underpaid me last 6 years not just acting funny when I'm asking for my rights. He setup the whole alligation against me and have some office staff working and supporting him.
I need help.....please let me know what should i do....please people help me....
I'm EB3 (ROW)...PD: May 2006. My I485 is pending more than 18 months and I140 is approved a year ago. Recently, my boss fired me. I left the company and got a better job within a week. thanks god.
Now my ex-employer is calling my lawyer and bringing some alligation against me and asking my lawyer to withdraw my case. He also mentioned to my lawyer that he is going to call the immigration and take action against me by withdrawing my case.
1...Does anyone have any idea how the immigration going to react after listening to his alligation against me?
2...by submitting any paperwork to them can he hamper my proessing?
3...Do i have anything to scare about?
4...what should i do now?
This issues a very crutial to me now. he is one of those nasty desi employer's who underpaid me last 6 years not just acting funny when I'm asking for my rights. He setup the whole alligation against me and have some office staff working and supporting him.
I need help.....please let me know what should i do....please people help me....
anirudh74
03-18 12:09 PM
Don't count on it.Even if it is introduced it will hit a road block in the house.So go and do what you need to do.Its foolish to base all your plans on CIR. I am sorry to say this , but this is the reality and there is very little that anybody can do to influence this.
dingox100
11-19 02:18 PM
My friend tried to get his brother. his brother is working in some IT company in india. The visa officer asked only one question
Visa officer: Whats your Age?
my friends brother: 26
Visa officer: sorry , visa cant be issued.. rejected.
No more questions and no more answers
Visa officer: Whats your Age?
my friends brother: 26
Visa officer: sorry , visa cant be issued.. rejected.
No more questions and no more answers