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2011 Isleworth:
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immigal
08-13 12:37 AM
Can some senior members please answer my question? The previous answer does not help.
wallpaper “Professional golfer Tiger
keiryu
10-05 05:43 PM
Go to your nearest USCIS office with a copy of your application and a letter proving your emergency (if not in english, have a law office translate it). they should be able to produce an AP at the spot. My in laws just got their AP last week.
cardamon
08-30 10:35 PM
Thanks, gentlemen,
I'll e-mail my attoney and see how it goes.
I'll e-mail my attoney and see how it goes.
2011 Isleworth:
krishnam70
03-26 08:07 PM
Hello all,
If my GC is approved, is my employer bound by obligation he gave to USCIS when he filed I140 petition?
I mean, in I140 employer explicitly stated my future wage, it is 20% higher then wage I am getting from him while I am on H1B.
Say, my GC is approved and employer refuses to raise my wage to match the amount given in I140. Is there any way to make him stick to this obligation? Like, complaining to DOL, or where else? And if I complain, can it affect validity of my GC?
The problem is after GC I have to stay with this employer for another 6 months to avoid possible complications in future applying for citizenship. If I just quit and take another job - that will make a possible problem in the future; but if he lays me off, then I am fine. But he does not want to lay me off, and does not want to keep his promise. Any ideas?
If he lets you go you have no issues with future naturalization in case you have all your records, termination letter etc. I am unsure about the wages mentioned in your LCA. I think it is mandatory and can be challenged since employer is giving an undertaking that they have the ability to pay the amount mentioned in your LCA/I140.
You need to get good advise if they terminate you immediately after you get your GC will it show some malafide intentions/agreement between you and your employer which was there in place just to secure you a GC.
- cheers
kris
If my GC is approved, is my employer bound by obligation he gave to USCIS when he filed I140 petition?
I mean, in I140 employer explicitly stated my future wage, it is 20% higher then wage I am getting from him while I am on H1B.
Say, my GC is approved and employer refuses to raise my wage to match the amount given in I140. Is there any way to make him stick to this obligation? Like, complaining to DOL, or where else? And if I complain, can it affect validity of my GC?
The problem is after GC I have to stay with this employer for another 6 months to avoid possible complications in future applying for citizenship. If I just quit and take another job - that will make a possible problem in the future; but if he lays me off, then I am fine. But he does not want to lay me off, and does not want to keep his promise. Any ideas?
If he lets you go you have no issues with future naturalization in case you have all your records, termination letter etc. I am unsure about the wages mentioned in your LCA. I think it is mandatory and can be challenged since employer is giving an undertaking that they have the ability to pay the amount mentioned in your LCA/I140.
You need to get good advise if they terminate you immediately after you get your GC will it show some malafide intentions/agreement between you and your employer which was there in place just to secure you a GC.
- cheers
kris
more...
smartboy75
11-01 05:13 PM
Hey carbon
You have to understand one thing...your AP/EAD are tied to your I-485 application ..which in turn is tied to your H1....If you quit now, you will risk abandoning of your GC...which means you loose AP/EAD....
What I would do in your case is this....You said you filed on July 2..wait for 180 days....invoke AC21....tell your new employer that you want to spend 6 months in Inida...and the come back to US ....this way u don't loose your EAD/AP and also are able to stay in India....OFCOURSE all this is possible if your I-140 is approved....
Hope this helps....All the best
You have to understand one thing...your AP/EAD are tied to your I-485 application ..which in turn is tied to your H1....If you quit now, you will risk abandoning of your GC...which means you loose AP/EAD....
What I would do in your case is this....You said you filed on July 2..wait for 180 days....invoke AC21....tell your new employer that you want to spend 6 months in Inida...and the come back to US ....this way u don't loose your EAD/AP and also are able to stay in India....OFCOURSE all this is possible if your I-140 is approved....
Hope this helps....All the best
ddd27
10-26 02:39 PM
Thanks for your reply ... did anyone go to DC consulate for a walk-in kind of renewal ?? am planning to take an off next week for this purpose.
thanks
thanks
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bekugc
08-06 05:39 PM
whether you are in h1 or h4, it is important you maintain 'good standing' of whatever status you are in. if u dont have a job, change to H4, so that ur earlier h1 record remains clean (as long as u had H1, u got paid and have proof of pay /employment experience)
when you get ur offer down the line, if that company sponsors h1 for you, at that time theyll collect ur experience letters and proof and go for the H1. if the h1 sponsor is a different company, Im do not really think it is treated as a "renewal" since ur status as H1 has ended when u changed to H4. It may be treated as a "fresh h1 sponsor/transfer" for you.
However, you do not have to worry about the annual h1 quota in ur case even tho u have lost ur H1 status. you are included in the exception clause - "Those beneficiaries not subject to the annual quota are those who currently hold H-1B status or have held H-1B status at some point in the past six years and have not been outside the United States for more than 365 consecutive days"
so basically, according to me, if ur employment record is clean and if the new sponsor's requirements meets proper H1 guidelines, you can get back on H1.
im not an attorney..so the regular warning applies!
when you get ur offer down the line, if that company sponsors h1 for you, at that time theyll collect ur experience letters and proof and go for the H1. if the h1 sponsor is a different company, Im do not really think it is treated as a "renewal" since ur status as H1 has ended when u changed to H4. It may be treated as a "fresh h1 sponsor/transfer" for you.
However, you do not have to worry about the annual h1 quota in ur case even tho u have lost ur H1 status. you are included in the exception clause - "Those beneficiaries not subject to the annual quota are those who currently hold H-1B status or have held H-1B status at some point in the past six years and have not been outside the United States for more than 365 consecutive days"
so basically, according to me, if ur employment record is clean and if the new sponsor's requirements meets proper H1 guidelines, you can get back on H1.
im not an attorney..so the regular warning applies!
2010 Tiger#39;s home in Isleworth,
GotFreedom?
10-06 07:26 PM
If the H1-B holder's labor is pending for at least a year then an 1 year extentions are granted. If the H1-B holder has an approved I-140 petition, the extention is granted for 3 years. I'm on my 9th year of H1B.
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martinvisalaw
01-26 05:30 PM
I don't want to second guess the experienced lawyers. They are probably planning on mentioning an alternative educational background as acceptable, in addition to the CIS. There is a place on the PERM form for this.
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sorcerer666
02-03 06:44 PM
Yes it is
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sunny1000
07-05 01:30 AM
My mother-in-law is on a visitor visa. She is supposed to go to india in 10 days. But she had a medical emergency and had a surgery this week. She cannot travel to india right now, as she needs rest after surgery. Can we apply visitor visa extension on medical grounds or is it safe to apply for extension on tourism/visiting grounds, Please advise.
Yes you can. Please explain to USCIS about the surgery and they will give the extension.
Yes you can. Please explain to USCIS about the surgery and they will give the extension.
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watzgc
11-05 10:36 PM
thanks wand maker...
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thescadaman
09-14 07:36 AM
My OPT started on July 12th, 2006 and I did not apply for my H1-B last year because the advanced degree cap quota was reached even before I got my job. Now, my OPT expired on July11th, 2007. My attorney suggested me to use the 60 days grace period to stay in U.S and get my H1-B Visa stamped in Chennai, India (Because, the 60 days grace period will get over by September 11th, 2007 and there is 19 days gap before my H1-B starts). In the H1-B approval notice it is clearly mentioned that I would attend the Chennai consulate for my stamping. The problem is that, I am not able to find available dates in Chennai consulate for H1-B stamping. Can I attend Delhi or Mumbai consulates? Please suggest me a way to come out of this situation.
You will have to fill in Form I-824. The Question 2b - "USCIS to notify a different U.S. Consulate or Port-of-Entry about the approval of an application or petition. Please notify the U.S. Consulate or Port-of-Entry at:", you will select Delhi or Mumbai consulate here. I need to warm you that this is a very slow process and you hardly have any time.
http://www.uscis.gov/files/form/I-824.pdf
First and foremost, you will have to make sure that you are not overstaying and going beyond your 2 month grace period. Hence make arrangements for international travel and consider this top priority!
Now that I have answered your question. I would like to request you not to open multiple threads asking the same question. Please delete your second thread.
Also, I am hoping that you are aware of this Big Rally event which IV is planning for. Please see if you can contribute towards the Rally in any form.
Note: This is my opinion. Please consult with your Attorney and take any decision.
You will have to fill in Form I-824. The Question 2b - "USCIS to notify a different U.S. Consulate or Port-of-Entry about the approval of an application or petition. Please notify the U.S. Consulate or Port-of-Entry at:", you will select Delhi or Mumbai consulate here. I need to warm you that this is a very slow process and you hardly have any time.
http://www.uscis.gov/files/form/I-824.pdf
First and foremost, you will have to make sure that you are not overstaying and going beyond your 2 month grace period. Hence make arrangements for international travel and consider this top priority!
Now that I have answered your question. I would like to request you not to open multiple threads asking the same question. Please delete your second thread.
Also, I am hoping that you are aware of this Big Rally event which IV is planning for. Please see if you can contribute towards the Rally in any form.
Note: This is my opinion. Please consult with your Attorney and take any decision.
tattoo And it#39;s not Tiger#39;s house!
Antonio Trivelin
October 3rd, 2006, 02:07 PM
Hi my friends !!!
Last week i took some photos of this concert, so i will post here some ones ok.
Comments and critics are alwats wellcome !!
Ahh, all photos with my Nikon D70 + 180mm 2.8 Ai Manual Focus ok.
ISO 800 or more.
http://img523.imageshack.us/img523/2456/dsc9471okmenorassinwk6.jpg (http://imageshack.us)
http://img57.imageshack.us/img57/7591/dsc9475okmenorassinvw1.jpg (http://imageshack.us)
Another ones:
http://actrivelin.multiply.com/photos/album/10
:)
Last week i took some photos of this concert, so i will post here some ones ok.
Comments and critics are alwats wellcome !!
Ahh, all photos with my Nikon D70 + 180mm 2.8 Ai Manual Focus ok.
ISO 800 or more.
http://img523.imageshack.us/img523/2456/dsc9471okmenorassinwk6.jpg (http://imageshack.us)
http://img57.imageshack.us/img57/7591/dsc9475okmenorassinvw1.jpg (http://imageshack.us)
Another ones:
http://actrivelin.multiply.com/photos/album/10
:)
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pictures shows Tiger Woods house
bigboy007
11-01 11:46 AM
bump ... any ideas please
dresses And it#39;s not Tiger#39;s house!
wandmaker
04-30 02:37 PM
I have a couple of questions regarding H1B.
My current H1B(10th year) is expiring in a month and I am planning to use EAD. My 140 is approved and 485 is pending for over 2 years with company A. At the same time my second 140 is pending with company B.
The question is, in case if I used my EAD to work and for some reason if my 485 is denied, can I get back to my H1B? I was under the impression that I will have to leave the country and wait for 1 year to reset the clock but I was told by someone that its not necessary to wait for an year and I can file a H1B based on my pending I-140 with company B and will have to do it while outside of the country. ( This process does not require a new quota).
Is this true? any ideas?
Given the situation for 485 denial. AFAIK, You have an option of filing for H1B (not counted against quota) based on your B's labor approval and pending 140. Once you use the EAD, technically you don't have the H1B status to transfer or extend. Hence, it will require you to go to consulate (b/c approval will come without I94) to stamp, and start working for Company B after you return.
My current H1B(10th year) is expiring in a month and I am planning to use EAD. My 140 is approved and 485 is pending for over 2 years with company A. At the same time my second 140 is pending with company B.
The question is, in case if I used my EAD to work and for some reason if my 485 is denied, can I get back to my H1B? I was under the impression that I will have to leave the country and wait for 1 year to reset the clock but I was told by someone that its not necessary to wait for an year and I can file a H1B based on my pending I-140 with company B and will have to do it while outside of the country. ( This process does not require a new quota).
Is this true? any ideas?
Given the situation for 485 denial. AFAIK, You have an option of filing for H1B (not counted against quota) based on your B's labor approval and pending 140. Once you use the EAD, technically you don't have the H1B status to transfer or extend. Hence, it will require you to go to consulate (b/c approval will come without I94) to stamp, and start working for Company B after you return.
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makeup Tiger Woods Rachel Uchitel
agupta2683
07-08 03:16 PM
In delhi consulate when I click on Indian resident I see the available dates but when I click on Indian citizen residing in US, I see no availability. I'm not sure which option should I choose. I'm a student working on OPT in US. My OPT will expire on Aug 4th and so I will come to India. I'm not sure which of the two options I have to choose while scheduling an interview :
Resident of India/Bhutan
OR
Indian Citizen residing in United States.
I would really appreciate any help in this matter.
Thanks,
Ashish
Resident of India/Bhutan
OR
Indian Citizen residing in United States.
I would really appreciate any help in this matter.
Thanks,
Ashish
girlfriend Tiger Woods home
crao_a
06-26 10:30 AM
Thank you all for your valuable suggestions...
My attorney sent a letter with approved I-140 copy to reconsider the decission on I-485. No change in the status online so far (3 days passed). I will wait for another week and apply MTRs for me and my wife.
Thanks,
crao
My attorney sent a letter with approved I-140 copy to reconsider the decission on I-485. No change in the status online so far (3 days passed). I will wait for another week and apply MTRs for me and my wife.
Thanks,
crao
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BMS1
11-02 05:47 PM
1. You can work with EAD for whomever you want.
2. Technically someone may be able to establish that this is legal. But you may have to be very careful and may end up having to prove that both you and the original sponsor had real intent to have the employment relationship and may have to explain why that intent could not be translated to reality. If your explanation is not satisfactory to the adjudication officer (this ia a subjective matter), he can treat the whole affair as fraud and you will have your hands full for a long time.
This is my opinion.
2. Technically someone may be able to establish that this is legal. But you may have to be very careful and may end up having to prove that both you and the original sponsor had real intent to have the employment relationship and may have to explain why that intent could not be translated to reality. If your explanation is not satisfactory to the adjudication officer (this ia a subjective matter), he can treat the whole affair as fraud and you will have your hands full for a long time.
This is my opinion.
stephsh
01-20 08:32 AM
I solved it :)
gc_peshwa
05-21 02:01 PM
+1 on above post...I have done my bit now its your turn guys...please dont miss this historic opportunity...It might seem to you they ignore you but if thousands of guys call them it will certainly have an impact...
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