LookingForGC
02-01 03:46 PM
Congratulation Mr. You experience is always needed here, please stay in touch here.
Good luck!
Good luck!
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vikki76
07-05 03:05 PM
I-140 can not be ported. You need to start all over again at your new company with new PERM labor and new I-140.
However, if you have a copy of old approved I-140, you can use that to port older priority date at the time of 485 filing.Companies usually don't give copies of I-140.
However, if you have a copy of old approved I-140, you can use that to port older priority date at the time of 485 filing.Companies usually don't give copies of I-140.
H1Girl
10-13 02:52 PM
Is it mandatory to wear business formal? I am going to get visa stamping with my wife, she is applying for H4.
Thanks!
As mentioned in the above post thye don't care about your dress code. They rather care whether your company is a genuine company and pays you the salary as mentioned on your H1B LCA promptly (~.. you pay the taxes to the Govt :) )
Thanks!
As mentioned in the above post thye don't care about your dress code. They rather care whether your company is a genuine company and pays you the salary as mentioned on your H1B LCA promptly (~.. you pay the taxes to the Govt :) )
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santb1975
03-24 12:37 PM
I am listening to this now
more...
pkv
01-07 06:13 PM
Thanks Sanjay02.
Another follow-up question.. I'm planning to file for EAD, which passport number should I use in this form ?
If I use new one(which is valid), isn't it in contra with AOS application?
Has anyone faced this situation ?
Another follow-up question.. I'm planning to file for EAD, which passport number should I use in this form ?
If I use new one(which is valid), isn't it in contra with AOS application?
Has anyone faced this situation ?
mhathi
01-08 09:08 AM
I agree with GC007. I have just been through a similar situation. My previous stamp was expiring on jan 21 07 and had gotten an extension upto 20010. I made trip to India this past december (2006) and was told by my lawyer to get the new visa stamped in India. This is because the new I-94 that you get with the extension has to be surrendered when you leave the country and on reentry you get a new I-94. That will be only valid upto the date stamped on ur passport and there is a rule that with regard to I-94, the last action takes precedence on previous actions.
This was for my H1 and my Spouse's H4 visa.
This was for my H1 and my Spouse's H4 visa.
more...
mmanurker
04-13 11:48 AM
I am not 100% sure but when you are on H1B should'nt you be working from where your LCA was approved for? In OP's case, its remote work but outside USA, in that case I am not sure
1. if the LCA filed will any longer be valid and that might cause issues with labor dept
2. what happens when USCIS finds out that you left the country and physically not present in USA and still running payroll in USA plus also the LCA is no longer valid, this might be an issue when your renewal comes up.
3.how your payroll can be run when you are not in the country?what are the tax implications? you need to have a physical address in US to file taxes, is'nt it? without an address in the specified location and specific state, you will be considered as non-resident.
when you file taxes as non-resident but a resident of a different country, then you will have to understand the tax treaties between the USA and the resident country and file taxes accordingly.
You might want to talk to an immigration attorney as well as someone who specializes in taxes(not just CPA, but an attorney who understands tax laws). I dont think this can be as simple as others mentioned. this is just my opinion and I could be wrong. talk to legal experts.
1. if the LCA filed will any longer be valid and that might cause issues with labor dept
2. what happens when USCIS finds out that you left the country and physically not present in USA and still running payroll in USA plus also the LCA is no longer valid, this might be an issue when your renewal comes up.
3.how your payroll can be run when you are not in the country?what are the tax implications? you need to have a physical address in US to file taxes, is'nt it? without an address in the specified location and specific state, you will be considered as non-resident.
when you file taxes as non-resident but a resident of a different country, then you will have to understand the tax treaties between the USA and the resident country and file taxes accordingly.
You might want to talk to an immigration attorney as well as someone who specializes in taxes(not just CPA, but an attorney who understands tax laws). I dont think this can be as simple as others mentioned. this is just my opinion and I could be wrong. talk to legal experts.
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lost_in_migration
05-15 01:38 PM
Well that one was created my me :D
I was checking whether we have a poll to see the yearwise break-up of PDs for EB3
Yes I have seen one for EB3 ...
http://immigrationvoice.org/forum/showthread.php?t=4440
I was checking whether we have a poll to see the yearwise break-up of PDs for EB3
Yes I have seen one for EB3 ...
http://immigrationvoice.org/forum/showthread.php?t=4440
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dentist1
03-09 01:07 PM
Hi I am very new to this forum and actually to all the Immigration related forums. Here is what my situation is.
I was working for a company A, got my PERM and I140 approved on EB3 and filed my I485 on with PD August 2007. I have also have the EAD and AP and am working on EAD as my H1 got voided after getting laid off from Company A on 2009. I am working with a company B with a higher salary than company A. This company didnt want to deal with USCIS and my agreement with this company does not allow me to discuss immigration matter with them. Now I got a new offer from company C with similar or slightly higher salary. Company C is ready to do my paper work.
Now I need to know what are the things that I can do.
1. Do I need to file PERM, I140 again on EB2?
2. Do I need to file for H1 again and complete the entire process?
3. What is and how to do EB3 to EB2 porting? is that all I need to do?
Please give me some advice. Thanks in advance.
KM
What is so urgent about this post.Please change the title.
I was working for a company A, got my PERM and I140 approved on EB3 and filed my I485 on with PD August 2007. I have also have the EAD and AP and am working on EAD as my H1 got voided after getting laid off from Company A on 2009. I am working with a company B with a higher salary than company A. This company didnt want to deal with USCIS and my agreement with this company does not allow me to discuss immigration matter with them. Now I got a new offer from company C with similar or slightly higher salary. Company C is ready to do my paper work.
Now I need to know what are the things that I can do.
1. Do I need to file PERM, I140 again on EB2?
2. Do I need to file for H1 again and complete the entire process?
3. What is and how to do EB3 to EB2 porting? is that all I need to do?
Please give me some advice. Thanks in advance.
KM
What is so urgent about this post.Please change the title.
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gc_lover
06-28 03:48 PM
I checked Rajiv Khanna's site , there is no memo to that effect.
Also , I am a client of their law firm and they didnt send/email any memo to this effect.
Could you please post the link?
Thanks
Relax please...It's his sick idea of joke. I wish this thread gets merged or deleted!
Also , I am a client of their law firm and they didnt send/email any memo to this effect.
Could you please post the link?
Thanks
Relax please...It's his sick idea of joke. I wish this thread gets merged or deleted!
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Alex
05-30 10:13 PM
i wish i would of noticed this battle earlyer, it would of been alot of fun.
Soul has my vote.
Good job everyone! :)
Soul has my vote.
Good job everyone! :)
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Sakthisagar
01-25 09:02 AM
Please file a new H1B extension petition with a copy of contract between the client and your company.. the actual contract, if the client/vendor do not want to share that with your attorney then ask the client/vendor to directly send that to USCIS fax number and ask your attorney to mention in a seperate letter that client contract/letter (copy of original) will be sent by their attorney in so and so time.
I had the RFE on Sept 2009 on premium processing, I have done tha above and got approved for an year even though my I-140 is approved on 2005 and 10 years in the USA.
Please do needful and be on status.
I had the RFE on Sept 2009 on premium processing, I have done tha above and got approved for an year even though my I-140 is approved on 2005 and 10 years in the USA.
Please do needful and be on status.
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tinoue
09-27 09:52 AM
I have approved I140 notice ... i dont see A# can you pls help me find that number in approval notice (797)
It is in "Beneficiary" section, right above my name. But I heard some people do not have numbers on thier approved I-140. I do not know why, though.
It is in "Beneficiary" section, right above my name. But I heard some people do not have numbers on thier approved I-140. I do not know why, though.
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jonty_11
01-16 04:43 PM
Yes , I am planning to take the test too......
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Karthikthiru
07-19 02:27 AM
My attorney did not ask for Tax Returns for AOS. Our company uses Berry, Appleman & Leiden LLP - www.usabal.com
Thanks
Karthik
Thanks
Karthik
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watertown
03-04 11:02 AM
Gurus,
I'm in Boston area and would like to know your opinion if I should file WOM!!!!
My case was filed in Aug, 2006 and I-485 was transferred to local office for interview on May 22, 2007. The interview went well and the lady officer indicated that I should get my card in 1 month!! That day was so nice!!!
Anyway, the reason for interview was I guess the previous I-485 submitted by my ex-wife after our seperation to put me in trouble in 2001 but I never took any benefit for that and I hand-delivered a letter to the IO when they asked me to come for interview in 2002. I explained that it should have been abandoned coz I sent letter even at the time for finger-print notice! Long story short, my ex and I had fight and I called the cop who took both of us to the custody and in the morning let us go. I didn't see the judge and.
So on this last I-485 (EB-2 ROW) I answered the question NO of if I had ever filled any immigration petition and NO to if I had ever been arrested.
Last year I was getting anxious when the card didn't arrive and Infopass told me that I was stuck in FBI-name check! I asked the congressman Ed Markey and his office told that my name check was cleared in Dec, 2006!!! I took another Infopass and again IO told me about Namecheck but when I told him about the info provided by Congressman, he then told me that it was going thru additional review!!
Now , guys....hsall I file a WOM? Whats your take?
I'm in Boston area and would like to know your opinion if I should file WOM!!!!
My case was filed in Aug, 2006 and I-485 was transferred to local office for interview on May 22, 2007. The interview went well and the lady officer indicated that I should get my card in 1 month!! That day was so nice!!!
Anyway, the reason for interview was I guess the previous I-485 submitted by my ex-wife after our seperation to put me in trouble in 2001 but I never took any benefit for that and I hand-delivered a letter to the IO when they asked me to come for interview in 2002. I explained that it should have been abandoned coz I sent letter even at the time for finger-print notice! Long story short, my ex and I had fight and I called the cop who took both of us to the custody and in the morning let us go. I didn't see the judge and.
So on this last I-485 (EB-2 ROW) I answered the question NO of if I had ever filled any immigration petition and NO to if I had ever been arrested.
Last year I was getting anxious when the card didn't arrive and Infopass told me that I was stuck in FBI-name check! I asked the congressman Ed Markey and his office told that my name check was cleared in Dec, 2006!!! I took another Infopass and again IO told me about Namecheck but when I told him about the info provided by Congressman, he then told me that it was going thru additional review!!
Now , guys....hsall I file a WOM? Whats your take?
more...
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sanju_dba
09-14 04:30 PM
Sorry I should have been more clear.
I never worked for Company B , I am still with Company A. Company B just got the LCA approved (and they claim that they have filed for the H1b transfer). The start date with Company B as per the offer letter is 1 week from now. I informed them that I cannot join them 1 week before.
I have same set of copies (offer letter) that I signed them, I couldn't find anything which says anything about $3000. All it says "At Will" in nature. All of a sudden these guys are coming with a 3 months story which I am not seeing and there is no evidence.
I am afraid if they will insert a paper or something like that with in the offer letter, don't know..these guys will do anything.
I got it.
I think it will take like 1month atleast to get LCA. After LCA approval they can apply for H1 .
At this stage they might have spend money on LCA only + for attorney fee if any.
Attorneys may charge the full fee upfront so they may have incurred full legal fee , minus H1 fees.
H1 Govt fee is payid by employer so they cannot ask that . but if they paid for attorney , then they may ask for it.
Your concern about a additional insert into the contract papers. Are the contract pages numbered? if so you are safe. if not :rolleyes:
I never worked for Company B , I am still with Company A. Company B just got the LCA approved (and they claim that they have filed for the H1b transfer). The start date with Company B as per the offer letter is 1 week from now. I informed them that I cannot join them 1 week before.
I have same set of copies (offer letter) that I signed them, I couldn't find anything which says anything about $3000. All it says "At Will" in nature. All of a sudden these guys are coming with a 3 months story which I am not seeing and there is no evidence.
I am afraid if they will insert a paper or something like that with in the offer letter, don't know..these guys will do anything.
I got it.
I think it will take like 1month atleast to get LCA. After LCA approval they can apply for H1 .
At this stage they might have spend money on LCA only + for attorney fee if any.
Attorneys may charge the full fee upfront so they may have incurred full legal fee , minus H1 fees.
H1 Govt fee is payid by employer so they cannot ask that . but if they paid for attorney , then they may ask for it.
Your concern about a additional insert into the contract papers. Are the contract pages numbered? if so you are safe. if not :rolleyes:
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gsc999
01-25 03:02 PM
Good work. Thanks for doing this.
I am happy to inform all of you in NORCAL that the permit to conduct a signature/letter campaign at Fremont BART is with us!!!
NOTE: This cannot be used by another member at another station-- this is a non-transferrable permit SOLELY for the campaign at Fremont at the said times, but you can request a similar permit for any BART station!
Now, I need at least ONE other member to be there on a weekday evening of your choice (I am planning to go there EVERY weekday evening for 2 weeks) and help me conduct this campaign!
PLEASE.... this is the last call.. don't let us down!
I am happy to inform all of you in NORCAL that the permit to conduct a signature/letter campaign at Fremont BART is with us!!!
NOTE: This cannot be used by another member at another station-- this is a non-transferrable permit SOLELY for the campaign at Fremont at the said times, but you can request a similar permit for any BART station!
Now, I need at least ONE other member to be there on a weekday evening of your choice (I am planning to go there EVERY weekday evening for 2 weeks) and help me conduct this campaign!
PLEASE.... this is the last call.. don't let us down!
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GCwaitforever
08-15 10:58 AM
I am from India having masters in engineering and i have 9 years IT experience. Ofcourse my Lawyer filed in EB3 (in 2003) thinking that PD will be current in future. Now i140 cleared in EB3 . What next? Since i am in consulting company i don't have any problem sticking to company. Only problem is maintaining status. As long as i am in job no problem. Who knows market will be like this. I am just re thinking to go for EB2 filing. But not sure how many were able to clear Eb2 in PERM.How much salary required ? (My company located in Detroit).
See this and if it helps you courtesy Murthy.com (http://murthy.com/news/n_tscnsc.html)
Second I-140 Allowed without Revocation of Earlier I-140 Petition
The TSC confirmed that, in some cases it is possible for the employer to file two or more I-140 petitions for the same beneficiary, based on a single labor certification, in multiple EB categories. If the job requirements are proper for EB2, the case could be filed in either category. Thus, multiple I-140s could be filed in some cases. If the first was filed in EB3, there would be no need to withdraw it in order to file in EB2. The TSC recommended submitting copies of the approved I-140 with the later-filed I-140 petition.
This could be quite helpful in situations where the I-140 petition is incorrectly filed in the wrong, lower category. We do hear about such instances from time to time. It seems that if the I-140 was filed in EB3, but the case would meet EB2, the TSC would permit the re-filing of the I-140 petition without revocation of the earlier EB3 filing.
See this and if it helps you courtesy Murthy.com (http://murthy.com/news/n_tscnsc.html)
Second I-140 Allowed without Revocation of Earlier I-140 Petition
The TSC confirmed that, in some cases it is possible for the employer to file two or more I-140 petitions for the same beneficiary, based on a single labor certification, in multiple EB categories. If the job requirements are proper for EB2, the case could be filed in either category. Thus, multiple I-140s could be filed in some cases. If the first was filed in EB3, there would be no need to withdraw it in order to file in EB2. The TSC recommended submitting copies of the approved I-140 with the later-filed I-140 petition.
This could be quite helpful in situations where the I-140 petition is incorrectly filed in the wrong, lower category. We do hear about such instances from time to time. It seems that if the I-140 was filed in EB3, but the case would meet EB2, the TSC would permit the re-filing of the I-140 petition without revocation of the earlier EB3 filing.
anindya1234
07-17 10:13 PM
Need some views on this
ash27
03-31 10:35 PM
I've read multiple posts but it is not clear if an EAD recipient can do contract work on W2.
My situation is that I work for a desi consulting co. and currently doing corp to corp with TekSystems. TekSystems is OK to employ me as a W-2. However, it is contract based employment. Could Gurus please advice if an EAD recipient can work on W-2 with vendors like TekSystems.
My situation is that I work for a desi consulting co. and currently doing corp to corp with TekSystems. TekSystems is OK to employ me as a W-2. However, it is contract based employment. Could Gurus please advice if an EAD recipient can work on W-2 with vendors like TekSystems.
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