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kgaurav77
04-05 02:51 AM
Hi,
My employer applied for my PERM and i-140 in 2005 in the EB-2 category. Both were approved.
In 2007, I left my employer to pursue an MBA, and converted my H-1B to F-1 visa. Now I am planning to return to my old employer.
I would like to know whether
a) if my employer did not revoke my i-140, is my old PERM still vaild? Can I apply for a new I-140 and a new I-485 using my old approved PERM.
b) if my employer did revoke my i-140, is my old PERM still vaid? I know I can retain the priority date, but was wondering what is the status of my old PERM?
Any help is appreciated.
I know that PERM is valid only for 180 days, and an i-140 has to be filed within that time, which was done in my case. However, does the law say anything about PERM validity if the i-140 is revoked?
My employer applied for my PERM and i-140 in 2005 in the EB-2 category. Both were approved.
In 2007, I left my employer to pursue an MBA, and converted my H-1B to F-1 visa. Now I am planning to return to my old employer.
I would like to know whether
a) if my employer did not revoke my i-140, is my old PERM still vaild? Can I apply for a new I-140 and a new I-485 using my old approved PERM.
b) if my employer did revoke my i-140, is my old PERM still vaid? I know I can retain the priority date, but was wondering what is the status of my old PERM?
Any help is appreciated.
I know that PERM is valid only for 180 days, and an i-140 has to be filed within that time, which was done in my case. However, does the law say anything about PERM validity if the i-140 is revoked?
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gk_2000
11-05 04:46 PM
There are easily 100000 of us here in the line. If we are all given GC's would it work in the national interest?
Specifically, there are three tests for national interest. Refer to this link for a more comprehensive explanation:
Miller Mayer - National Interest Waivers (http://www.millermayer.com/Immigration/ImmigrantVisas/NationalInterestWaiver/NationalInterestWaivers/tabid/224/Default.aspx)
1: Work of "Substantive Intrinsic merit": Basically any work is bound to have some merit, and can probably be quantified to prove that it is potentially worth billions
2: National in scope: Any work done that can be replicated all over the country and benefit a lot of people, or applied everywhere
3: Applicant should be more productive than his colleagues
Collectively, do we meet these criteria? Point by point:
1. Gather details of each and every one's project, past and present, and state the intrinsic merits
2. Include explanations on how the projects and technologies, if or when applied globally, would make a difference
3. Maybe, if you have an approved labor, this can be taken care of
And if we include all of our applications as one, and mention the economic benefits of our migrating, and submit a single application, or several as a whole, do we stand a chance of getting approved for a GC based on National Interest Waiver?
In principle, do you believe that our immigration is in the national interest?
Specifically, there are three tests for national interest. Refer to this link for a more comprehensive explanation:
Miller Mayer - National Interest Waivers (http://www.millermayer.com/Immigration/ImmigrantVisas/NationalInterestWaiver/NationalInterestWaivers/tabid/224/Default.aspx)
1: Work of "Substantive Intrinsic merit": Basically any work is bound to have some merit, and can probably be quantified to prove that it is potentially worth billions
2: National in scope: Any work done that can be replicated all over the country and benefit a lot of people, or applied everywhere
3: Applicant should be more productive than his colleagues
Collectively, do we meet these criteria? Point by point:
1. Gather details of each and every one's project, past and present, and state the intrinsic merits
2. Include explanations on how the projects and technologies, if or when applied globally, would make a difference
3. Maybe, if you have an approved labor, this can be taken care of
And if we include all of our applications as one, and mention the economic benefits of our migrating, and submit a single application, or several as a whole, do we stand a chance of getting approved for a GC based on National Interest Waiver?
In principle, do you believe that our immigration is in the national interest?
coollife
03-04 12:21 PM
I have my H1 filed in 2008. Due to the market situation, I didn't go for H1 stamping and was never active on H1 so far. I entered US in March 2009 on H4. Now I got a project and want to go for the H4->H1 COS.
I would like to know the steps/process for H4 -> H1 COS.
I know my employer is the best person to answer this. But, the problem is whenever I ask any details, he always tries to abstract the info.
If there are sequence of steps, after which step one is authorized to work? I tried getting the info online, but couldn't . If any of you can give me a pointer or explain the process in detail, it would be very great and helpful.
My employer has applied for LCA. He says that he would initiate the COS process as soon as he gets the LCA. And my employer says that I can start working as soon as he files for COS and no need to wait for the approval. I want to make sure that I don't run into any legal issues. Once the employer has initiated the COS process, is there a way one can track the status and also to verify the status after the completion of the process.
Also, please let me know how much it would cost for normal and premium processing and also the time lines for the normal and premium processing.
Sorry for too many questions. But, please please do help!!!
Thanks a ton in advance!!
I would like to know the steps/process for H4 -> H1 COS.
I know my employer is the best person to answer this. But, the problem is whenever I ask any details, he always tries to abstract the info.
If there are sequence of steps, after which step one is authorized to work? I tried getting the info online, but couldn't . If any of you can give me a pointer or explain the process in detail, it would be very great and helpful.
My employer has applied for LCA. He says that he would initiate the COS process as soon as he gets the LCA. And my employer says that I can start working as soon as he files for COS and no need to wait for the approval. I want to make sure that I don't run into any legal issues. Once the employer has initiated the COS process, is there a way one can track the status and also to verify the status after the completion of the process.
Also, please let me know how much it would cost for normal and premium processing and also the time lines for the normal and premium processing.
Sorry for too many questions. But, please please do help!!!
Thanks a ton in advance!!
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CRAZYMONK
12-14 02:56 PM
Even though your end client is not the direct client for your employer, they might have used the laguage in the non-compete which reflects the scenario. So check your non-compete document.
May be the final verdict is in favour, you need to take so much of pain in the whole processes. If you prepare for these upfront you can go a head and fight. I had seen couple of instances in the NY, with my friends, where non-compete became VOID.
May be the final verdict is in favour, you need to take so much of pain in the whole processes. If you prepare for these upfront you can go a head and fight. I had seen couple of instances in the NY, with my friends, where non-compete became VOID.
more...
GCKaMaara
11-17 10:49 AM
Not to scare you but even part-time job in other fields can be a potential issue. Please confirm with attorney though.
I HAVE H1 APPROVED TILL 04/10 BUT I ENTERED USA USING AP THIS YEAR SO MY UNDERSTANDING IS THAT I AM ON EAD NOW WITH SPONSORING EMPLOYER. I AM ASLO DOING PARTIME JOB IN OTHER FIELD ON EAD SINCE 01/08. NOW IF I GET FULL TIME JOB WITH OTHER EMPLOYER (other field)AND IF I WORK LESS HOURS (means I get under pay than showed in labor) WITH SPONSORING EMPLOYER, WILL I BE IN TROUBLE? Please give me right way.
PD - 05/03 EB3-I
I HAVE H1 APPROVED TILL 04/10 BUT I ENTERED USA USING AP THIS YEAR SO MY UNDERSTANDING IS THAT I AM ON EAD NOW WITH SPONSORING EMPLOYER. I AM ASLO DOING PARTIME JOB IN OTHER FIELD ON EAD SINCE 01/08. NOW IF I GET FULL TIME JOB WITH OTHER EMPLOYER (other field)AND IF I WORK LESS HOURS (means I get under pay than showed in labor) WITH SPONSORING EMPLOYER, WILL I BE IN TROUBLE? Please give me right way.
PD - 05/03 EB3-I
ariel_dude28
02-02 10:15 AM
Hi I have H1 papers from my last extension valid until June 15.
I haven't traveled during this period but planning to visit India Between March20 and April 20. So I will have to visit US embassy for stamping.
Can someone please let me know the risk associated with going for stamping with H1 only valid for 2 months.
I am applying for an extension but I will not receive the extension papers until May and do not want to wait until then as this will be my last extension until Dec.
Please advice if its safe to go to US consulate in India for stamping with only 2 months validity on my H1.
I haven't traveled during this period but planning to visit India Between March20 and April 20. So I will have to visit US embassy for stamping.
Can someone please let me know the risk associated with going for stamping with H1 only valid for 2 months.
I am applying for an extension but I will not receive the extension papers until May and do not want to wait until then as this will be my last extension until Dec.
Please advice if its safe to go to US consulate in India for stamping with only 2 months validity on my H1.
more...
martinvisalaw
06-11 04:52 PM
Hi Attorneys,
Recently I have filed my H1B petition . However due to some emergency I need to quit my current organisation (Company A) who has sponsored the H1B . My questions are :
1. Would there be any adverse effect if in future Company B files H1B for me ?
2. What generally happens if I file H1B and am not able to attend the interview ?
3. Is there any way Company A can revoke the H1B petition after I resign before H1B interview ?
Would appreciate a quick a reply .
1. There shouldn't be any negative consequences if you change from one H-1B employer to another. People do this all the time.
2. What "interview" do you refer to? If you mean a visa interview at the consulate, you should cancel if you cannot attend.
3. Company A can and should withdraw the H-1B petition once you leave the company. This should not affect you getting new H-1B status, assuming there is no major gap between leaving Company A and Company B filing the new petition.
Recently I have filed my H1B petition . However due to some emergency I need to quit my current organisation (Company A) who has sponsored the H1B . My questions are :
1. Would there be any adverse effect if in future Company B files H1B for me ?
2. What generally happens if I file H1B and am not able to attend the interview ?
3. Is there any way Company A can revoke the H1B petition after I resign before H1B interview ?
Would appreciate a quick a reply .
1. There shouldn't be any negative consequences if you change from one H-1B employer to another. People do this all the time.
2. What "interview" do you refer to? If you mean a visa interview at the consulate, you should cancel if you cannot attend.
3. Company A can and should withdraw the H-1B petition once you leave the company. This should not affect you getting new H-1B status, assuming there is no major gap between leaving Company A and Company B filing the new petition.
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Michael chertoff
05-17 08:51 AM
Dear Attorney and other friends,
Please give me some advice on my situation,
My mother had green card through my sister who is US Citizen. four years ago my mother wen to India and did not came back. after 6 years she again came back on visitors visa.
we want to renew her greencard.
Please advise if it is possible of we have to start new process?
Thanks
MC
Please give me some advice on my situation,
My mother had green card through my sister who is US Citizen. four years ago my mother wen to India and did not came back. after 6 years she again came back on visitors visa.
we want to renew her greencard.
Please advise if it is possible of we have to start new process?
Thanks
MC
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gchope07
06-28 01:29 PM
Thx. So looks like i am fine to move to new place right away. Anybody who feels otherwise.
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sideeque
12-15 04:29 PM
Is there any rule saying that she has to complete minimum 18 credit hours before going for vacation and stamp.
She has just completed 3 credit house(when was in H4). Is she able to go now and stamp visa?
She has just completed 3 credit house(when was in H4). Is she able to go now and stamp visa?
more...
ScratchingHead
10-01 06:06 PM
Ah!! thanks for reading this post. Give me green and you get the GC within a year. If you give me "red" still I am happy.
So, its up to you.
I just edited this post....i want everyone to succeed and have a good, peaceful life.:D:D:D:D
So, its up to you.
I just edited this post....i want everyone to succeed and have a good, peaceful life.:D:D:D:D
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waitin_toolong
07-20 09:32 PM
true but is you ever want to come again on B1 return as soon as possible.
you got a stamp of 6 months stamp of 5.5 ..
to get a longer stamp next time try not to stay even the full 5.5 months
you got a stamp of 6 months stamp of 5.5 ..
to get a longer stamp next time try not to stay even the full 5.5 months
more...
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scoldme
04-26 03:51 AM
Hi,
I need some clarification regarding my case,
--> Got H1b approved for Employer A in 2008, during stamping received 221G.
--> Submitted documents in 2009 and got stamping done in May 2009.
--> Now Employer B has applied for fresh H1B 2010.
My questions are,
When my petition is approved and having the petition in my hand, do i need to get the visa stamping before travelling for Employer B?:mad:
Will my visa stamp for Employer B only have the starting date to be from October 2011?:mad:
Is there any remote possibility that i can travel for my Employer B at any time earlier to October 2011?:mad:
Note: Have never travelled on H1 (Employer A's Petition)
Thanks in advance.
I need some clarification regarding my case,
--> Got H1b approved for Employer A in 2008, during stamping received 221G.
--> Submitted documents in 2009 and got stamping done in May 2009.
--> Now Employer B has applied for fresh H1B 2010.
My questions are,
When my petition is approved and having the petition in my hand, do i need to get the visa stamping before travelling for Employer B?:mad:
Will my visa stamp for Employer B only have the starting date to be from October 2011?:mad:
Is there any remote possibility that i can travel for my Employer B at any time earlier to October 2011?:mad:
Note: Have never travelled on H1 (Employer A's Petition)
Thanks in advance.
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vina92
02-26 01:42 PM
I just watched Sue discussing with two people,about skil bill. Both are in favour of Immigration bill.I do not know to forward the link but if one of you can, please post the link.
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eb3retro
05-30 10:21 PM
It is difficult to predict the timeline.
The house members are not happy with the Senate bill.
I have read that the conference committee may meet next monday ( all hearsay).
We can only pray and hope for the best.
how long is the conference comittee process? and after that should the bill go thru house also? or will it go to president's desk??
The house members are not happy with the Senate bill.
I have read that the conference committee may meet next monday ( all hearsay).
We can only pray and hope for the best.
how long is the conference comittee process? and after that should the bill go thru house also? or will it go to president's desk??
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p_kumar
01-03 03:27 PM
Today i called USCIS and opened my mouth to ask the IO (a nice sounding lady) about my I-485 status. Before i could say anything, she said if my application was received after April,2007, then she cannot tell anything as they are not processing cases filed after yet. She specifically said she cannot tell anything about Namecheck.
I politely thanked her and hung up. I think they stopped telling after everybody and his/her second cousin started calling. Is there any other way?.
thanks
I politely thanked her and hung up. I think they stopped telling after everybody and his/her second cousin started calling. Is there any other way?.
thanks
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TexDBoy
12-18 05:14 PM
Thanks.
I did it for my wife. If your spouse plans to use H1B even after 6 years of its expiry, then having her own I-140 will help to get 3 year extensions
I did it for my wife. If your spouse plans to use H1B even after 6 years of its expiry, then having her own I-140 will help to get 3 year extensions
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sangmami
06-13 11:23 PM
My husband is in the same position too.He is a fellow and got a job to start in 2008 july.lc dne.i 140 pending..
Can he file for i 485....ead for a future job...this has been in our head since this evening....cant wait till tomorrow morning to ask the lawyer:rolleyes:
can any1 explain this?
thanks.
CONGRATS to all to can file for i 485
Can he file for i 485....ead for a future job...this has been in our head since this evening....cant wait till tomorrow morning to ask the lawyer:rolleyes:
can any1 explain this?
thanks.
CONGRATS to all to can file for i 485
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pansworld
11-28 03:51 PM
For the URL. That helps. I have PM ed paskal.
Cheers
Cheers
pappusheth
04-11 12:27 AM
Ask your company if they can do your H1 extension under CORP thus the legal entity does not change and there should be no issue.
It seems like for your initial H1, it was a mistake on their part that they filed you H1 under CORP while you were actually paid by the BANK. Can you ask them why they did that in the first place?
If it's a mistake on their part, there's no reason why you should suffer and they must take every effort to help you out. Work with them, talk to your manager, his/her manager and explain them the issue. It's an internal thing and I'm sure can be worked out.
Hope this helps.
----------------------------------------------------------------------------------------
I'm not a lawyer. My posts are simply my views and not a legal advice.
It seems like for your initial H1, it was a mistake on their part that they filed you H1 under CORP while you were actually paid by the BANK. Can you ask them why they did that in the first place?
If it's a mistake on their part, there's no reason why you should suffer and they must take every effort to help you out. Work with them, talk to your manager, his/her manager and explain them the issue. It's an internal thing and I'm sure can be worked out.
Hope this helps.
----------------------------------------------------------------------------------------
I'm not a lawyer. My posts are simply my views and not a legal advice.
mixednut
02-21 02:33 PM
It appears that US CIS lost my I-90 application a year ago and subsequent attempts to get a replacement GC failed thus far. Best course of action?
Here are the details...
Received GC in 1999. Last year when I tried to get a re-entry permit (I-131), US CIS mailed me a notice saying that my GC had the wrong A-number on it (US CIS administrative error), and needed to be replaced via I-90.
The notice also said that while waiting for the replacement GC, I could go to the district office, obtain a temporary GC, and then re-file for I-131.
So in January 2007, I filed the no-cost I-90, where the reason was, "My card was issued with incorrect information because of a USCIS administrative error. I have attached the incorrect card and evidence of the correct information." The application included the original GC with the "bad" A-number, and was sent via certified mail, receipt requested. Later, I received a confirmation from US Mail that the application was delivered.
Subsequent multiple requests to US CIS produced the response, "We have no record of your application". Subsequently mailed copied of the I-90 application, produced a response, "denied, your did not include a GC with your application".
I did another "Service Request" with US CIS yesterday, and am pretty sure the response will be the same, "We have no record of your application".
What would you suggest as the best course of action? Just file a full cost (about $300?) I-90 declaring the GC "lost", and forget that it was the US CIS error?
Thanks for any help!
Here are the details...
Received GC in 1999. Last year when I tried to get a re-entry permit (I-131), US CIS mailed me a notice saying that my GC had the wrong A-number on it (US CIS administrative error), and needed to be replaced via I-90.
The notice also said that while waiting for the replacement GC, I could go to the district office, obtain a temporary GC, and then re-file for I-131.
So in January 2007, I filed the no-cost I-90, where the reason was, "My card was issued with incorrect information because of a USCIS administrative error. I have attached the incorrect card and evidence of the correct information." The application included the original GC with the "bad" A-number, and was sent via certified mail, receipt requested. Later, I received a confirmation from US Mail that the application was delivered.
Subsequent multiple requests to US CIS produced the response, "We have no record of your application". Subsequently mailed copied of the I-90 application, produced a response, "denied, your did not include a GC with your application".
I did another "Service Request" with US CIS yesterday, and am pretty sure the response will be the same, "We have no record of your application".
What would you suggest as the best course of action? Just file a full cost (about $300?) I-90 declaring the GC "lost", and forget that it was the US CIS error?
Thanks for any help!
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