meridiani.planum
02-29 12:09 PM
If your company is financially strong and can prove that they can pay your salary, then you will not have any problem. If your company is small and have only couple of consultants working and the earnings are less then you might have issues.
correct. Ability-to-pay is one of the 2 major causes of I-140 denials (education qualification typically being the other where you have a 3 year degree and your LC said 4).
If your employer is in good financial state you should be ok, if not, you might get a denial., so start preparing right now. Stay on H1, dont use EAD, just to be on the safe side... If you get a denial appeal immediately, and start another LC from another employer. Hope htat your appeal goes through (many people have successfully appeal ability-to-pay based denials)
correct. Ability-to-pay is one of the 2 major causes of I-140 denials (education qualification typically being the other where you have a 3 year degree and your LC said 4).
If your employer is in good financial state you should be ok, if not, you might get a denial., so start preparing right now. Stay on H1, dont use EAD, just to be on the safe side... If you get a denial appeal immediately, and start another LC from another employer. Hope htat your appeal goes through (many people have successfully appeal ability-to-pay based denials)
malibuguy007
10-02 02:55 PM
Thanks for the support Chintu
indyanguy
06-08 01:25 PM
RN starting from WAC. But I filled EAD in NSC. Also have RN for EAD. It does not matter. You have to file EAD based on state you live. Because of July fiasco they had sent 485 cases everywhere so those RNs are from all over.
But for EAD it does not matter where 485 was filed only thing that matters in where you live.
Thanks a lot. Is this where we need to send? (BY fedex)
USCIS Nebraska Service Center 850 S. Street Lincoln, NE 68508-1225
But for EAD it does not matter where 485 was filed only thing that matters in where you live.
Thanks a lot. Is this where we need to send? (BY fedex)
USCIS Nebraska Service Center 850 S. Street Lincoln, NE 68508-1225
pani_6
07-03 12:06 PM
OK if I go the convert to Eb2 route..when do Ihave to shift to the new employer..after the new PERM is approved or after the I-14o is approved??.
more...
prem_goel
07-29 07:36 PM
Ann as always you are so upto the point and quote a valid source in your reply. Thank you so much.
roseball
01-06 10:27 PM
Has anyone claimed unemployment benefits in EAD in TX state after being laid off? Can you please tell whats the procedure. I do not want to get into the debate of whether UB can be claimed while in AOS state? I just need to know the procedure. Thanks.
Yes, one of my colleagues in Dallas applied as he was unemployed for more than 8 months before he landed another job. However, the reason he applied is he was ok with having to go back to his home country incase of any complications. He is still is US and is happily employed.....This doesn't mean someone wont run into trouble by applying for benefits while in AOS.....Just sharing what I know....
Yes, one of my colleagues in Dallas applied as he was unemployed for more than 8 months before he landed another job. However, the reason he applied is he was ok with having to go back to his home country incase of any complications. He is still is US and is happily employed.....This doesn't mean someone wont run into trouble by applying for benefits while in AOS.....Just sharing what I know....
more...
abhishek101
06-02 08:37 AM
I got my H1b Renewed till July 2009 with a passport expiring in August 2006. I submitted my application in March 2006. So there is no issue relating to expiry of passport while applying for H1B.
Also as Krishna pointed out you can apply for a passport reneweal upto one year in advance. For stamping they require you passport to be valid 6 months after your visa expiry but again of you have more than one year left on your passport you can go to US consulate and explain the Indian policy they will stamp the visa on the same passport. Last year I got my H1b Stamped valid till July 2006 on a Passport expiring in August 2006.
Also as Krishna pointed out you can apply for a passport reneweal upto one year in advance. For stamping they require you passport to be valid 6 months after your visa expiry but again of you have more than one year left on your passport you can go to US consulate and explain the Indian policy they will stamp the visa on the same passport. Last year I got my H1b Stamped valid till July 2006 on a Passport expiring in August 2006.
suryamnb
12-03 09:41 AM
Friends,
Company A sponsored my GC (PERM & 140 Approved) and soon after 180 day wait period had passed, I moved to company B and started working on EAD.
Now, company B is going to be merged with Company C. Then what will be my status? Do I need to do any thing to keep my GC process alive?
Thanks!
Company A sponsored my GC (PERM & 140 Approved) and soon after 180 day wait period had passed, I moved to company B and started working on EAD.
Now, company B is going to be merged with Company C. Then what will be my status? Do I need to do any thing to keep my GC process alive?
Thanks!
more...
kshitijnt
01-24 04:26 PM
I think your attorney and HR are winking at each other. Looks like this is a cheapo lawyer. Tell them that you will file H1 extension only if they apply I-140 by premium or else you will go back to India. If you are in consulting and a revenue generating employee this is the best approach. Your employer will be a FOOL not to take you seriously. Also give them a few examples of people who got 3 year extension and ask why not for you?
kevinkris
09-22 01:01 PM
it will not effect your GC..
what do you base this on
what do you base this on
more...
aadimanav
12-10 04:28 PM
Hi Everyone,
Here is the scenario:
Category: EB3-INDIA
PD: APRIL 2004:
140: Approved.
485 filed on July 2nd, 2007 (of course, still pending)
Changed Employer after invoking AC21 (without sending any documentation to USCIS)
There is possibility that my new employer (where I am working on EAD) may get ready to file gc for me in EB2.
Now, here are my question:
1) Since my EB3 485 is pending, is it possible for another employer to file under EB2? Is this the process which is called Inter-filing? Has anyone done that?
2) At what stage previous EB3 PD can be used ? At the time of 140 filing, 140 approval or new 485 filing?
3) What if new EB2 I40 gets rejected? Does it have any impact on old EB3 approved 140 and pending 485?
4) Does the scenario look too risky?
5) Any one in the same boat?
Thanks in advance.
Here is the scenario:
Category: EB3-INDIA
PD: APRIL 2004:
140: Approved.
485 filed on July 2nd, 2007 (of course, still pending)
Changed Employer after invoking AC21 (without sending any documentation to USCIS)
There is possibility that my new employer (where I am working on EAD) may get ready to file gc for me in EB2.
Now, here are my question:
1) Since my EB3 485 is pending, is it possible for another employer to file under EB2? Is this the process which is called Inter-filing? Has anyone done that?
2) At what stage previous EB3 PD can be used ? At the time of 140 filing, 140 approval or new 485 filing?
3) What if new EB2 I40 gets rejected? Does it have any impact on old EB3 approved 140 and pending 485?
4) Does the scenario look too risky?
5) Any one in the same boat?
Thanks in advance.
bekugc
03-17 09:29 PM
regarding the below question while using AC21
2. first join the new company using EAD, then ask the new company to apply for H1 transfer. will this work?
can somebody tell if there is any issue with this? as i mentioned, i havent used AP and existing i-94 still indicates H1b status (not AOS
thanks
2. first join the new company using EAD, then ask the new company to apply for H1 transfer. will this work?
can somebody tell if there is any issue with this? as i mentioned, i havent used AP and existing i-94 still indicates H1b status (not AOS
thanks
more...
saps
01-08 07:40 PM
Please help.
swartzphotography
June 25th, 2006, 06:58 PM
i dont know about paying but i shure would take pics of the event lolShow of hands. How many would pay to see Fred streak pushing his baby buggy full of gear?
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Rohan99
10-29 01:15 AM
Guys....
My wife is on H4, once she gets EAD and applies for SSN does it mean now H4 is canceled and she is on EAD which will require AP for travel and every year renewal.
She has no plan to work till Jul 08, is it good to apply for SSN?
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.
My wife is on H4, once she gets EAD and applies for SSN does it mean now H4 is canceled and she is on EAD which will require AP for travel and every year renewal.
She has no plan to work till Jul 08, is it good to apply for SSN?
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.
absaarkhan
01-31 12:06 PM
I-94 validity given by immigration officer over-rides the I-797 I-94 validity
Yes the I-94 given by the Immigration Officer Overrides the I-94 Validity Issued by
USCIS with your I-797. This is Per the "Last Action Rule".
When you Entered US on your Visa, you should have shown the New I-797 Approval and the Officer @ POE would have given you the I-94 Valid until the New I-797, if they dont we have right to request to talk to their Supervisors.
Anyway, its too late now and you have the following 3 Options:
1. You can go any of the Customs And Border Protection deferred Inspection sites
and get it corrected, refer to link below to go the site nearest to you.
Also, it DOES NOT have to the same city where you entered US. You can
go to any site.
http://www.cbp.gov/xp/cgov/toolbox/contacts/deferred_inspection/
2. You can go out of US and while entering back you should make sure you use the
Latest Approval. You can go to Canada by Road and Come back.
3. File for H1B Extension before June 2008 which is the Current I-94 date on your
Passport
Other Senior Members feel free to Add more Options.
Yes the I-94 given by the Immigration Officer Overrides the I-94 Validity Issued by
USCIS with your I-797. This is Per the "Last Action Rule".
When you Entered US on your Visa, you should have shown the New I-797 Approval and the Officer @ POE would have given you the I-94 Valid until the New I-797, if they dont we have right to request to talk to their Supervisors.
Anyway, its too late now and you have the following 3 Options:
1. You can go any of the Customs And Border Protection deferred Inspection sites
and get it corrected, refer to link below to go the site nearest to you.
Also, it DOES NOT have to the same city where you entered US. You can
go to any site.
http://www.cbp.gov/xp/cgov/toolbox/contacts/deferred_inspection/
2. You can go out of US and while entering back you should make sure you use the
Latest Approval. You can go to Canada by Road and Come back.
3. File for H1B Extension before June 2008 which is the Current I-94 date on your
Passport
Other Senior Members feel free to Add more Options.
more...
niraja74
07-23 12:44 AM
Hi,
I am going to file for I-485 as the PD is current for all till 17-Aug-2007. I got my LC was approved in Oct-2006 and I-140 in Feb-2007. I am working on H1B visa and my current H1B visa is expiring on 03-Jan-2008 (about 5 months left from now).
So can I apply for I-485 with less than 6 months left in my H1B? Although I still have 2 years left in my 6 year's counter.
Also if I apply for I-485 now without filing for H1B exension can I file for H1B extension later on say (in Sep. 2007)?
Thanks in advance.
Niraja
I am going to file for I-485 as the PD is current for all till 17-Aug-2007. I got my LC was approved in Oct-2006 and I-140 in Feb-2007. I am working on H1B visa and my current H1B visa is expiring on 03-Jan-2008 (about 5 months left from now).
So can I apply for I-485 with less than 6 months left in my H1B? Although I still have 2 years left in my 6 year's counter.
Also if I apply for I-485 now without filing for H1B exension can I file for H1B extension later on say (in Sep. 2007)?
Thanks in advance.
Niraja
nda050325
02-12 01:07 PM
Hi KaylaMarie,
I will answer your questions to the best of my knowledge:
======
Hi All,
I am currently on h4 visa and have been searching for a h1 sponsorer to do h1 workpermit visa in the coming april 2009 lottery (if there is one).
I am very new to understand the rules and regulations and seek help from experienced folks here.
1) If i file a non-profit h1b visa , i was suggested that i can work immediately, is that true?
ANS: Not sure on this, but have you checked if you can get a non-profit h1 visa sponsor in your field of interest (biotechnology)?
2) If i file a normal h1b visa, now in the april 2009 lottery, is it ok for me to go back to home country after filing the visa, because even if it gets selected and approved in lottery i can work only from oct 2009 right, so what happens if i go to home country, how can i get stamping because i have not yet started work and will not have any pay stubs.
ANS: You dont need to worry about paystubs since you are autorized to work only after 1st october. You would need a stamping to reenter US.
3) I have been searching monster, indeed etc to find a sponsorer for my visa, i attended 2 interviews till now and cleared them too but when it comes to work permit they are not willing to do h1 for me. I have lost all hopes and posting here to find out if there are any companies who are willing to do h1b.
I am not in software field, i am in to bio technology and i am looking for the post of clinical research coordinator or clinical research associate CRA , CRC.
If any of you know any company which does h1b for CRA, CRC it would really be helpful if you could post me the link of the company here.
ANS: Like you yourself wrote, this question is best addressed in a job seeker forum. But You should also realise the current state of the US economy (3.6 million jobs lost so far in the last 14 months).
Good luck with your trials.
I will answer your questions to the best of my knowledge:
======
Hi All,
I am currently on h4 visa and have been searching for a h1 sponsorer to do h1 workpermit visa in the coming april 2009 lottery (if there is one).
I am very new to understand the rules and regulations and seek help from experienced folks here.
1) If i file a non-profit h1b visa , i was suggested that i can work immediately, is that true?
ANS: Not sure on this, but have you checked if you can get a non-profit h1 visa sponsor in your field of interest (biotechnology)?
2) If i file a normal h1b visa, now in the april 2009 lottery, is it ok for me to go back to home country after filing the visa, because even if it gets selected and approved in lottery i can work only from oct 2009 right, so what happens if i go to home country, how can i get stamping because i have not yet started work and will not have any pay stubs.
ANS: You dont need to worry about paystubs since you are autorized to work only after 1st october. You would need a stamping to reenter US.
3) I have been searching monster, indeed etc to find a sponsorer for my visa, i attended 2 interviews till now and cleared them too but when it comes to work permit they are not willing to do h1 for me. I have lost all hopes and posting here to find out if there are any companies who are willing to do h1b.
I am not in software field, i am in to bio technology and i am looking for the post of clinical research coordinator or clinical research associate CRA , CRC.
If any of you know any company which does h1b for CRA, CRC it would really be helpful if you could post me the link of the company here.
ANS: Like you yourself wrote, this question is best addressed in a job seeker forum. But You should also realise the current state of the US economy (3.6 million jobs lost so far in the last 14 months).
Good luck with your trials.
logiclife
07-21 02:57 PM
The name of the lawyer we have talked to before is Joe Hohenstein.
See more details here: http://immigrationvoice.org/forum/showthread.php?t=1088
See more details here: http://immigrationvoice.org/forum/showthread.php?t=1088
quizzer
11-14 01:41 PM
Anci,
Can you tell me your I140 receipt date, category and service center?
Thanks
Can you tell me your I140 receipt date, category and service center?
Thanks
solaris27
03-12 08:51 PM
its a good idea
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