ssdtm
03-14 04:34 PM
Big cos generally file a new Labor and are hesitant to hire if someone is beyonnd 6 yrs period. Even if you convince them that your old PD can be transferred, they are not convinced....(or do not know much about the process).
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pappu
08-06 03:01 PM
Yes there are limits to salary. I will try to post more details on it when time permits and as I myself find details from my own research.
Basically, stay above what was in your labor/140. Do not go too high, 10% per year raise is ok. Job duties should stay same or similar. You can be a sr. software programmer from a software programmer but not a VP or Architect...(you got my point).
This is a gray area and tough to get a correct advice easily.
This is also a big issue for our community since people cannot get promoted or take big salary raises due to this limitation. Ask people who are stuck in 485 stage for many years.
I know a lot of people are counting days to just jump into a new job after 180 days. But make sure you factor in all the risks when you do this. Be prepared for an RFE on it.
and BTW I am reading so many posts that say you can jump jobs before 180 days. Please do not misrepresent the Yates Memo and regulations to prove a point. You need to stck to the job for 180 days definitely. The only exception is that if you are sure that the job offer will wait for you indefinitely in infinite future when you get an RFE. Do not take immigration laws lightly. And yes, always seek advice from a good lawyer when you take such important decisions. Forums are simply opinions from people without a law degree or experience.
will post more on this thread as I find more info
Basically, stay above what was in your labor/140. Do not go too high, 10% per year raise is ok. Job duties should stay same or similar. You can be a sr. software programmer from a software programmer but not a VP or Architect...(you got my point).
This is a gray area and tough to get a correct advice easily.
This is also a big issue for our community since people cannot get promoted or take big salary raises due to this limitation. Ask people who are stuck in 485 stage for many years.
I know a lot of people are counting days to just jump into a new job after 180 days. But make sure you factor in all the risks when you do this. Be prepared for an RFE on it.
and BTW I am reading so many posts that say you can jump jobs before 180 days. Please do not misrepresent the Yates Memo and regulations to prove a point. You need to stck to the job for 180 days definitely. The only exception is that if you are sure that the job offer will wait for you indefinitely in infinite future when you get an RFE. Do not take immigration laws lightly. And yes, always seek advice from a good lawyer when you take such important decisions. Forums are simply opinions from people without a law degree or experience.
will post more on this thread as I find more info
pd_recapturing
06-14 09:35 AM
Hi guys, I have a unique situation, thanks to july visa bulletin. I have a EB3 labor and I 140 approved with the PD as May 2004. Recently I applied EB2 PERM in order to port the PD from EB3 to EB2. My EB2 perm is approved now. Now, I am in dilemma to choose between EB2 and EB3. I can apply EB2 I 140 and I 485 concurrently (by assuming that they will port the PD) or I can apply I485 (for previously approved EB3). Please suggest as to what route I should take.
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immig4me
06-30 11:07 AM
I am on an H-1 and my wife has an H-4 visa.
We filed our I-485 in July 2007 and will be current as of July 1st 2010 as per the June 2010 visa bulletin.
We do not have an AP as we didn't renew it after the first one (from July 07) expired.
We do have valid EAD�s (which we have not used until now)
We have to travel urgently to India for some personal reasons in July 2010.
What if we get our Green Card while we are gone? Can we still enter using our valid H-1/H-4 visas/status? If not, is it mandatory to have an AP to re-enter in this case?
Thanks in advance.
You will have to get your AP and enter the US using it. That would be best. Consult your lawyer too..
We filed our I-485 in July 2007 and will be current as of July 1st 2010 as per the June 2010 visa bulletin.
We do not have an AP as we didn't renew it after the first one (from July 07) expired.
We do have valid EAD�s (which we have not used until now)
We have to travel urgently to India for some personal reasons in July 2010.
What if we get our Green Card while we are gone? Can we still enter using our valid H-1/H-4 visas/status? If not, is it mandatory to have an AP to re-enter in this case?
Thanks in advance.
You will have to get your AP and enter the US using it. That would be best. Consult your lawyer too..
more...
desi3933
08-11 04:46 PM
Hi All,
A few questions for those who have experience with registering a sole prop. in the US.
My wife is on an H4 visa and has registered a sole prop. earlier this year. Since she is not eligible to work, she has hired a U.S. citizen as a contractor to run the company.
Does owning a company in the US have any impact on our green card application?
Can she draw profits from the company at the end of the year as a return on the investment she made to start the company?
Is she considered a "U.S. person" ( seen in multiple tax forms )?
Is it safe for her to fill out a W-9 form with the FEIN that the company was registered with?
Thanks for the quick response.
Not a very good idea, IMHO.
Has she hired anyone for company affairs - hiring, tax and other reports. She can NOT perform any work for sole proprietorship, other than as pure investment.
C-Corp could have better choice.
________________
Not a legal advice.
A few questions for those who have experience with registering a sole prop. in the US.
My wife is on an H4 visa and has registered a sole prop. earlier this year. Since she is not eligible to work, she has hired a U.S. citizen as a contractor to run the company.
Does owning a company in the US have any impact on our green card application?
Can she draw profits from the company at the end of the year as a return on the investment she made to start the company?
Is she considered a "U.S. person" ( seen in multiple tax forms )?
Is it safe for her to fill out a W-9 form with the FEIN that the company was registered with?
Thanks for the quick response.
Not a very good idea, IMHO.
Has she hired anyone for company affairs - hiring, tax and other reports. She can NOT perform any work for sole proprietorship, other than as pure investment.
C-Corp could have better choice.
________________
Not a legal advice.
cooler
08-30 09:23 AM
After a long journey on several non immigrant visa's my GC finally got approved. The questions that I would like to throw out for the group to think on is regarding the period for which one has to keep all the H1/H4 approval notices and supporting documents?
In my case, I have been here for 10 years and have a 15 pound folder that has all the approval notices (I-797) and supporting documents (copies of I-129, transcripts, everything under the sun)
I would hate to have to carry this for the rest of my life.
Lawyers - Your legal opinion would provide relief to my aching shoulders :)
In my case, I have been here for 10 years and have a 15 pound folder that has all the approval notices (I-797) and supporting documents (copies of I-129, transcripts, everything under the sun)
I would hate to have to carry this for the rest of my life.
Lawyers - Your legal opinion would provide relief to my aching shoulders :)
more...
jliechty
June 5th, 2005, 09:04 PM
Good job for your first time. That's much better than I did when I was getting started. :o
Of all of your images, my two favorites are these:
http://www.dphoto.us/forumphotos/data/1428/MG_0266_copy.jpg
http://www.dphoto.us/forumphotos/data/1428/MG_0257_copy.jpg
Of all of your images, my two favorites are these:
http://www.dphoto.us/forumphotos/data/1428/MG_0266_copy.jpg
http://www.dphoto.us/forumphotos/data/1428/MG_0257_copy.jpg
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fromnaija
09-09 10:18 AM
If you are in the process of applying for H1 through another employer, you may be safe. As with everything USCIS, H1 revocation takes couple of months before it is approved. So in the interim you may get your new H1 approved before the previous employer's revocation sails through.
more...
pvpb
10-18 11:29 AM
My case was filed at NSC on august 3rd...transferred to VSC and the 485 was transferred to TSC evn though my 140 is fro NSC...donno the logic behind it though
Hi
I m starting a new thread for people whose 485 packets sent to VSC for receipting and returned back to TSC for 485 adjudication
EB3
PD 10/04
RD 08/03
ND 10/12
I-140 filed @ TSC, I-485 sent to TSC. Checks cashed from VSC and I-485 returned back to TSC
I-765, I-131, FP are pending.
Hi
I m starting a new thread for people whose 485 packets sent to VSC for receipting and returned back to TSC for 485 adjudication
EB3
PD 10/04
RD 08/03
ND 10/12
I-140 filed @ TSC, I-485 sent to TSC. Checks cashed from VSC and I-485 returned back to TSC
I-765, I-131, FP are pending.
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bharat2008
08-25 07:22 PM
Is this NEW employer or same employer .
If NEW employer ,then u can apply for new H1B petition but cannot ask for extension of stay .
Extension of stay is for someone who is already in USA on H1B status .
If NEW employer ,then u can apply for new H1B petition but cannot ask for extension of stay .
Extension of stay is for someone who is already in USA on H1B status .
more...
franklin
04-05 11:49 AM
No problem Pappu
Guys - this is a reminder. I have had exactly ZERO responses to this conference call asking for the call info so far. :confused:
Guys - this is a reminder. I have had exactly ZERO responses to this conference call asking for the call info so far. :confused:
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ganguteli
02-13 02:11 PM
http://www.ptinews.com/pti%5Cptisite.nsf/0/B1F199E55E5383066525755C002FC411?OpenDocument.
Can we get any help from these guyes?
They will want H1Bs to come back to India. Helping us with the greencard does not make any business sense.
Can we get any help from these guyes?
They will want H1Bs to come back to India. Helping us with the greencard does not make any business sense.
more...
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JohnGalt08
02-20 08:19 PM
this is not consistent. I just booked appt for my in laws yesterday 54 year old but did not get 157 pop up just 156. hope this helps.
you can log in to the vfs website and see if a DS157 is available for filling in. If yes, then just fill it out and print it.
you can log in to the vfs website and see if a DS157 is available for filling in. If yes, then just fill it out and print it.
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harrisonaquino
04-30 12:18 AM
Any one who already filed i-485, could please give some answers to the above questions... thanks
more...
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Blog Feeds
11-05 08:40 AM
Philip Wolgin lists on Huffington Post his ideas for smaller items Congress could consider since CIR is effectively dead. Some are obvious, but others less so. They are 1. DREAM Act 2. AgJobs 3. Make the EB-1 category more reasonable. 4. Create a more reasonable bar on those accused of providing material support to terrorists to cover those essentially involuntarily providing the support. 5. Eliminate the one year bar on asylum claims.
More... (http://blogs.ilw.com/gregsiskind/2010/11/five-ideas-that-might-appeal-to-reasonable-republicans.html)
More... (http://blogs.ilw.com/gregsiskind/2010/11/five-ideas-that-might-appeal-to-reasonable-republicans.html)
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crystal
07-12 11:56 PM
Don not open multiple threads for the same post.Please
more...
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dilbert_cal
06-24 09:19 PM
Hello All,
When I was doing my education (MS) my credit dropped drastically and recently like 2 years back it went for collections too. However I cleared all my credit card debts but it still shows on the credit report that as severe deliquencies and number of open accounts.
Next month I'm applying for AOS - I want to know whether bad credit will have any affect of the approval or denial of the application? :mad:
Any suggestion is appreciated.
Thanks
Credit Rating will have NO impact on your AOS.
When I was doing my education (MS) my credit dropped drastically and recently like 2 years back it went for collections too. However I cleared all my credit card debts but it still shows on the credit report that as severe deliquencies and number of open accounts.
Next month I'm applying for AOS - I want to know whether bad credit will have any affect of the approval or denial of the application? :mad:
Any suggestion is appreciated.
Thanks
Credit Rating will have NO impact on your AOS.
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cse9423
11-04 05:45 PM
Hello,
Last week friday my advance parole document from NSC was approved & sent , but we have not received the approved document yet.
Does anyone know how long it will take to receive the AP document once it's approved? We have a travel plan sometime next week.
thanks!!!
Last week friday my advance parole document from NSC was approved & sent , but we have not received the approved document yet.
Does anyone know how long it will take to receive the AP document once it's approved? We have a travel plan sometime next week.
thanks!!!
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raysaikat
07-27 08:04 PM
Does it mean that if she graduates before the I-485 is approved, she cannot work? Or can she accept employment on the green card EAD even though the I-140/I-485 are pending. What will be her status during that period?
By filing I-485, she is no longer in F-1 status; she is in AOS. I believe that she cannot get OPT. She can work without any restriction by using her EAD (as long as it is valid).
By filing I-485, she is no longer in F-1 status; she is in AOS. I believe that she cannot get OPT. She can work without any restriction by using her EAD (as long as it is valid).
bayarea07
08-06 09:23 PM
Your Priority date seems to be Dec 2005 and if i remember correctly USCIS had a memo to complete all Background Check in 6 Months so yours should have been over long time ago.
But Again I am not a expert here and could be wrong, EXPERTS please advise
Does any one know on an average how much time it will take to complete background check?
My PD is current this month and there is background check pending on my case..
But Again I am not a expert here and could be wrong, EXPERTS please advise
Does any one know on an average how much time it will take to complete background check?
My PD is current this month and there is background check pending on my case..
B+ve
04-09 08:55 PM
Hi There,
My 485 application is pending at TSC on EB3 category, country of chargebility is Inida. Yesterday my PERM labor approved on EB2 category and need to apply 140 to recapture my own EB3 PD.
My employer will come under NSC. if the PD recaptured, I will be hardly one month away from my priority date to be current, as per the current visa bulletin dates.
So can you please provide some suggestion to which Service Center will be opt for filing EB2 140 now, in order for getting an optimal process for 140 and eventually 485?
Or does the service center really matters as it will take a very long time for me to get greened?
Thanks,
B+ve.
My 485 application is pending at TSC on EB3 category, country of chargebility is Inida. Yesterday my PERM labor approved on EB2 category and need to apply 140 to recapture my own EB3 PD.
My employer will come under NSC. if the PD recaptured, I will be hardly one month away from my priority date to be current, as per the current visa bulletin dates.
So can you please provide some suggestion to which Service Center will be opt for filing EB2 140 now, in order for getting an optimal process for 140 and eventually 485?
Or does the service center really matters as it will take a very long time for me to get greened?
Thanks,
B+ve.
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