rameshk75
02-14 03:48 PM
Payroll should be run regularly for a person on H1B. USCIS may ask all the paystubs if they call for an interview(not everyone will be selected for the same) during 485 approval..If the person changes to EAD then in case if he is out of job then it should be fine... my thoughts...
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Aah_GC
07-11 02:18 PM
I was going through some comments by some folks in this forum (http://www.nyjournalnews.com/apps/pbcs.dll/article?AID=/20070711/NEWS02/707110350) - and one of them says - how come these guys were silent when they were pressing for Illegal Immigration reforms? What the heck? You live in this country on a budget with your employer and they expect you to solve the problems of this country.
Jakub (glus),
Good job on getting our message across. Good picture too! Finally we are seeing some faces behind the screen names.
http://www.nyjournalnews.com/apps/pbcs.dll/article?AID=/20070711/NEWS02/707110350
Jakub (glus),
Good job on getting our message across. Good picture too! Finally we are seeing some faces behind the screen names.
http://www.nyjournalnews.com/apps/pbcs.dll/article?AID=/20070711/NEWS02/707110350
kirupa
01-26 01:06 AM
That is a perfectly fine way to do it, though the added overhead of wrapping your image into a button is unnecessary because the MouseLeftButtonUp event on your image is very similar to the Click event on the button.
The end result is the same in either case - your users get something you can click on!
:)
The end result is the same in either case - your users get something you can click on!
:)
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hydboy77
07-14 01:59 PM
I dont mean to be greedy or selfish but from a purely technical analysis this is extremely bad news for EB2\Eb3 India and China folks. Eb4 and Eb5 account for 10% of the 140000 EB green cards every year. If EB4 and Eb5 were discontinued these visas would have spilled over into Eb1,2,3 category. With the Eb4 and Eb5 extension in the senate bill we are screwed royally. There is heavy misuse in the Eb4 category, so much so that it Eb4 and EB5 may retrogress for India!!!!, there will never be any spillover from this category.
What amazes me is congress has been consistently backing eb4 and eb5 every year by extending it but nobody cares about eb2 and eb3. Not even provisions like STEM are making it.
To people who say stem will not happen, visa recapture will not happen and only solution is CIR because hispanic caucus or anti immigrants will not allow piece meal immigration legislation, I wonder how EB4 and Eb5 are consistenly being passed every year by the congress.
What amazes me is congress has been consistently backing eb4 and eb5 every year by extending it but nobody cares about eb2 and eb3. Not even provisions like STEM are making it.
To people who say stem will not happen, visa recapture will not happen and only solution is CIR because hispanic caucus or anti immigrants will not allow piece meal immigration legislation, I wonder how EB4 and Eb5 are consistenly being passed every year by the congress.
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validIV
03-20 05:14 PM
Wow. This is gonna hurt a lot of people.
smisachu
04-24 08:05 PM
Hi Guys,
Need some help. I have labor via PERM(EB2) and I-140 from my present employer. Labor was filed in December 2005. I had applied for Labor by RIR in Sep 2002 from my previous company which closed down in 2004. The old company's attorney has contacted me that the labor is approved. That labor was under EB3.
Both companies are engaged in similar operation, job profile now is more than previous company and both companies are in the same demographic area. Can I port my PD and retain EB2. If I can do that I can file I-485 now.
Any advice will be greately appriciated.:confused: :confused: :confused:
Need some help. I have labor via PERM(EB2) and I-140 from my present employer. Labor was filed in December 2005. I had applied for Labor by RIR in Sep 2002 from my previous company which closed down in 2004. The old company's attorney has contacted me that the labor is approved. That labor was under EB3.
Both companies are engaged in similar operation, job profile now is more than previous company and both companies are in the same demographic area. Can I port my PD and retain EB2. If I can do that I can file I-485 now.
Any advice will be greately appriciated.:confused: :confused: :confused:
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IneedAllGreen
10-20 03:42 PM
First thing you can do is to get good education equivalent certificate from reputed company(like Trustforte). If your labor has stated that combination of degree is accepted then make sure that you write same wording in your edu equivalent certificate. Try to understand this that going to Appeal/AAO office is taking forever to response back (AS OF NOW THERE IS 26 MONTHS OF DELAY TO PROCESS I-140 THOUGH APPEAL PROCESS). How do I know about 26 months cause I got a letter from USCIS Washington DC office(through my Senetor) when I request Senetor's help in getting my I-140 approve from AAO office. So make sure that you prepare your document correctly before sending it to AAO/USCIS office. Foremost thing if your document has gone to AAO office then keep patience. After reading so many decisions from AAO office on I-140 appeal I understood that they will look into your case on de nuvo basis. Meaning AAO office will look at your all document that you sent from start to end to make sure that your appealed decision can be taken correctly. If you have enough time with you then I will recommend you to go through this AAO decisions. See link here Administrative Decisions (http://www.uscis.gov/uscis-ext-templating/uscis/jspoverride/errFrameset.jsp)
Good luck with your I-140 appeal process.
Thanks
Hi,
While filling the Labor my attorney used my education (Bachelor's degree BSc Comp Science and one year of diploma in computer science) and as well as the experience which was 8 yrs in 2008 for EB3. Then my labor got approved. So we applied for I140, then USCIS had an RFE on my case saying this education is not enough so my attorney prepared some documents showing this BSc Comp science is equivalent to US 4 yrs degree. Then in a month time immediatly I got my I140 denied, So after that my attorney appealed with I290 form, Still got rejected in 3 months then again my attorney re-appealed to it by adding some more information to it. So now the status is showing as Initial review with AAO.
Good luck with your I-140 appeal process.
Thanks
Hi,
While filling the Labor my attorney used my education (Bachelor's degree BSc Comp Science and one year of diploma in computer science) and as well as the experience which was 8 yrs in 2008 for EB3. Then my labor got approved. So we applied for I140, then USCIS had an RFE on my case saying this education is not enough so my attorney prepared some documents showing this BSc Comp science is equivalent to US 4 yrs degree. Then in a month time immediatly I got my I140 denied, So after that my attorney appealed with I290 form, Still got rejected in 3 months then again my attorney re-appealed to it by adding some more information to it. So now the status is showing as Initial review with AAO.
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GB2India
08-19 01:09 AM
thanks, it is in the same company and is promotion to manager
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jaithran
05-13 08:21 AM
In Bank and other Government agencies they officially refer as I-485 Resident. In bank while approving a loan, one of the valid statuses is I-485 Resident.
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h1bdude1
03-23 11:48 AM
anybody please respond !!
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pappu
07-06 10:44 AM
Nope not possible as of now. Lawsuit is specific to visa bulletin issue.
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morchu
05-04 02:44 PM
Going to the original question. The H1B doesnt get invalidated.
The rules and available interpretations and memos talks only about the condition to "grant the extension". No where it mentioned a condition to invalidate an already granted extension.
As per the Neufeld memo links below:
On page 4 of memo:
USCIS is required to grant the extension of stay pursuant to �106(a) of AC21, in one-year increments, until such time as a final decision has been made to:
A. Deny the application for labor certification, or, if the labor certification is approved, to deny the EB immigrant petition that was filed pursuant to the approved labor certification;
B. Deny the EB immigrant petition, or
C. Grant or deny the alien�s application for an immigrant visa or for adjustment of status.
So if denied, there is no extension of H1B, the fact that 140 was approved is inconsequential since 140 approval is but one step in the process if 485 is denied then the whole application was denied and since the h1b extension is simply a stop gap till a final decision can be reached. The only recourse you have is to try and file a MTR with USCIS to reopen the 485.
See links below for more data
http://ac21portability.com/modules/wflinks/
see Neufeld memo specifically, they also have all other memos and guidelines.
The rules and available interpretations and memos talks only about the condition to "grant the extension". No where it mentioned a condition to invalidate an already granted extension.
As per the Neufeld memo links below:
On page 4 of memo:
USCIS is required to grant the extension of stay pursuant to �106(a) of AC21, in one-year increments, until such time as a final decision has been made to:
A. Deny the application for labor certification, or, if the labor certification is approved, to deny the EB immigrant petition that was filed pursuant to the approved labor certification;
B. Deny the EB immigrant petition, or
C. Grant or deny the alien�s application for an immigrant visa or for adjustment of status.
So if denied, there is no extension of H1B, the fact that 140 was approved is inconsequential since 140 approval is but one step in the process if 485 is denied then the whole application was denied and since the h1b extension is simply a stop gap till a final decision can be reached. The only recourse you have is to try and file a MTR with USCIS to reopen the 485.
See links below for more data
http://ac21portability.com/modules/wflinks/
see Neufeld memo specifically, they also have all other memos and guidelines.
more...
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sayantan76
05-31 09:04 PM
A friend of mine just came from India. Works for a bodyshopper. He is transferring to L-1A so that he can file in EB-1 multinational manager. Is this possible? What are the minimum requirements for EB-1?
If it is possible this guy will be laughing a year from now, gc in hand, while we all fume and fret over retrogression, labor, i-140 etc..
My company has filed for EB-1 multinational manager for me.....I was on L1A earlier. I dont think the process is as fast as some folks think......specially since for EB1 manager category I140 premium processing is not allowed......
I guess the requirement for L1A is that one should be managing a business, people and processes...... and should have been employed in managerial capacity for the same company outside US......once L1A is done (it takes 5-6 days under premium procesing).....my understanding is that it establishes a strong basis for EB1 filing
If it is possible this guy will be laughing a year from now, gc in hand, while we all fume and fret over retrogression, labor, i-140 etc..
My company has filed for EB-1 multinational manager for me.....I was on L1A earlier. I dont think the process is as fast as some folks think......specially since for EB1 manager category I140 premium processing is not allowed......
I guess the requirement for L1A is that one should be managing a business, people and processes...... and should have been employed in managerial capacity for the same company outside US......once L1A is done (it takes 5-6 days under premium procesing).....my understanding is that it establishes a strong basis for EB1 filing
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485Mbe4001
02-10 05:11 PM
how can they approve 485's by 2010 if there are very limited visas available. Getting EAD or AP is not the end of the road. Final freedom is when you get the GC and that is not possible if unless we all lobby to change the law....I hope people understand that we are in for a very long wait if there is not change in the law, quota..
USCIS can simply say that they have eliminated backlogs by processing all applications.This does not IMPLY that all 2007 filers will have green cards in their hands.. Please understand thay my reply is not directed to you, instead it is in response to all the people i meet who expect to have GCs by 2010...its simply not possible with status quo.
Many point to track it and say that 485s are being approved out of turn. Please understand that this to is a load of crap, either some people are exteremly lucky or USCIS screwed up a small number of cases..the rest of us are in the same slow sinking boat to nowhere.
Take a look at this link. As per this, 2010 is the timeline promised by USCIS to clear all backlogs.
http://news.yahoo.com/s/ap/20080209/ap_on_go_pr_wh/immigration_backlogs
USCIS can simply say that they have eliminated backlogs by processing all applications.This does not IMPLY that all 2007 filers will have green cards in their hands.. Please understand thay my reply is not directed to you, instead it is in response to all the people i meet who expect to have GCs by 2010...its simply not possible with status quo.
Many point to track it and say that 485s are being approved out of turn. Please understand that this to is a load of crap, either some people are exteremly lucky or USCIS screwed up a small number of cases..the rest of us are in the same slow sinking boat to nowhere.
Take a look at this link. As per this, 2010 is the timeline promised by USCIS to clear all backlogs.
http://news.yahoo.com/s/ap/20080209/ap_on_go_pr_wh/immigration_backlogs
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rgpr
03-29 08:42 AM
During my first entry to the US I had been on an F1 visa for my MS studies. I took an OPT corresponding to this level of education and had a COS to H1B within the US (academia, quota exempt). I never had this H1B stamped in my passport as I never left the country.
In order to pursue my PhD, I had another COS from H1B-F1 within the US. This time I had a 221g invoked on my application but it was cleared and I could re-enter US. So I am in my first year and due to some reasons I would like to discontinue the program and go back to work.
I may get employed by either academia or industry. The October 1st start date would correspond to the industry job whereas there would be no such start date for an academic job.
I will surely not quit PhD but wait for an employment opportunity and to have my COS to H1B approved within the US. In the interim can I register for 1 credit over the summer and fall semester respectively in order to remain in full-time student status?
Any other thoughts on the wait time around the COS period?
In order to pursue my PhD, I had another COS from H1B-F1 within the US. This time I had a 221g invoked on my application but it was cleared and I could re-enter US. So I am in my first year and due to some reasons I would like to discontinue the program and go back to work.
I may get employed by either academia or industry. The October 1st start date would correspond to the industry job whereas there would be no such start date for an academic job.
I will surely not quit PhD but wait for an employment opportunity and to have my COS to H1B approved within the US. In the interim can I register for 1 credit over the summer and fall semester respectively in order to remain in full-time student status?
Any other thoughts on the wait time around the COS period?
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01-28 09:52 AM
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Britsabroad
December 3rd, 2008, 08:00 PM
Ed - Dang. Wish I hadnt chickened out! I could have handled what you went through... Ordred thru amazon (d300 and 24-70 2.8) It will be interesting to compare notes over time...
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manjunathpv
09-21 01:11 PM
Thanks Raj. Is interfiling request just a one page letter to USCIS or anything more involved? I presume you also did the priority date porting at the same time.
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psk79
09-06 10:33 AM
Today employer sent mail checks cashed.waiting for receipts.
Jul 2nd Received by J Barrett at 10:25 AM at NSC
My I-140 was approved from TSC in Feb 2007
My PD is Jun 2003; EB2-India
I am JBARRETT recepient but I got my stuff cahsed the otehr day at TSC. I guess the late was because of the tranfser of cases from NSC to TSC and nothing to do with BARRETTTT!!!!!!!!!!
Jul 2nd Received by J Barrett at 10:25 AM at NSC
My I-140 was approved from TSC in Feb 2007
My PD is Jun 2003; EB2-India
I am JBARRETT recepient but I got my stuff cahsed the otehr day at TSC. I guess the late was because of the tranfser of cases from NSC to TSC and nothing to do with BARRETTTT!!!!!!!!!!
piyu7444
04-18 07:22 PM
I am currently on h1b with Company X (h1b expires in April 2011)
(I-140 approved, filed 485 on july 2 so am past 180 days)
If I take a job on EAD with Company Y without h1b tranfer to comapny Y.
Now after 1 year if I want to move back to comapny X (as a result of AOS denial or without a reason) can I still use the same h1b petition to move back to comapny X or not? If not how can I move back to comapny X and what all it will take to get a new h1b ?
Also do I need to leave USA?:confused::confused::confused:
(I-140 approved, filed 485 on july 2 so am past 180 days)
If I take a job on EAD with Company Y without h1b tranfer to comapny Y.
Now after 1 year if I want to move back to comapny X (as a result of AOS denial or without a reason) can I still use the same h1b petition to move back to comapny X or not? If not how can I move back to comapny X and what all it will take to get a new h1b ?
Also do I need to leave USA?:confused::confused::confused:
karthiknv143
04-13 05:19 PM
How long does it take to write a bill? Wow.. Immediately after the mad rush for H1, there is a bill out in just 10days to give the relief. Guess the bill must have been written well-ahead anticipating the reality.
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