tualcoicounma: 3d dragon wallpaper

Tuesday, June 7, 2011

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NikNikon

August 14th, 2006, 11:01 PM

D15, you may find some useful info in this thread as well: http://www.dphoto.us/forum/showthread.php?t=5886

Problem with H1 Employer [Archive] - Immigration Voice

View Full Version : Problem with H1 Employer

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Hey Ram GC

05-05 04:18 PM

Are BHAI, kaise karu
I tried but could not,

A great dragon settles on the

ps57002

10-04 09:02 PM

anyone?

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anilsal

08-24 09:50 AM

It may be true that the representatives are looking forward to the elections. But we should make an effort to make them (and maybe the folks who contest against them) knowledgeable about issues faced by Skilled "backlogged" people, in the immigration circus.

On a lighter side, sipping tea is good
http://news.bbc.co.uk/2/hi/health/5281046.stm

There is a good news for an ardent Tea drinker in me (the only good news happening. :) )

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mbawa2574

02-09 09:29 PM

"US Masters degree has no value anymore. Don't pursue a masters degree from US . You won't be able to find a job due to protectionist agends of US law makers.. Take your money somewhere else.Foreigners won't get jobs in USA "

Let us make at least Indians run from Higher education industry of America and colleges will feel the heat as 50% of them have revenue stream out of foreign students. This will make these clown senators o understand the repercussions of protectionism.

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papajon

06-18 02:23 PM

Sorry to hear that. I don't know the answer to your original question but I hope you have a way of extending your H1?

The lawyer said H1 can be extended while the appeal is still pending.

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little_willy

08-06 05:19 PM

^^^^^^^^^^

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ashutrip

06-18 08:52 AM

Hello Leo,

I am not a lawyer so don't take my word ... but this is what I have heard.

Labour thru PERM takes 45 to 60 days (considering company has to publish ad and stuff)...

You can file I-140 and I-485 only after your Labour is approved. And you can file them concurrently if the dates for India are current.

Regarding how long the dates will remain current, I don't think anyone would have the right answer. Atleast we know it is current till next bulletein comes in.

Regards,
GreenMe
my freind labor thru PERM is taking upto 150-180 days if ur application is in Atlanta.....they are hatching the files......saala when dates are current my labor in not clear......kya karega pandu jab kismet saala g&%*$u

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factoryman

06-19 01:04 PM

Last night I didn't stay at the Holiday Inn. FIFO.

or did you ask for this:
Step-by-Step Guides

ADJUSTMENT OF STATUS (I-485)
Below is a step-by-step procedure explaining how your Adjustment of Status case will be processed. You should read this entire process before beginning any of the Steps. In particular, you may want to review some of the Miscellaneous Issues in the process. Please follow the procedures exactly to insure both efficiency and effectiveness in your case. If you have any questions, please contact the attorney and/or paralegal handling your labor certification or I-140 case.

STEP #1:
Please compile the following documentation for yourself and each family member who will be immigrating with you i.e. spouse and children born abroad. You will note that some of these documents may already be in our files, however, we may have received those earlier copies from a variety of sources and are not always able to determine the chain of custody demanded by the 485 process. Therefore we are requesting that you provide all documents listed below. Please mail it at your earliest convenience to the attorney handling your labor certification and immigrant petition case.

a) A copy of all approval notices received from the USCIS

b) A copy of all I-94 cards (received upon entry into the U.S.); I-20's (issued if you were ever in F-1 status in the U.S.); IAAP's (issued if you were ever in J-1 status in the U.S.)

c) A copy of every page of the passport

d) A copy of your marriage certificate

e) A copy of the divorce decree from any previous marriages of yourself or your spouse

f) A copy of the birth certificate for each family member adjusting status with you

g) A copy of your income tax returns for the past three years

Please Note: If a document is not in English, then you should provide an English Translation.

DOCUMENT TRANSLATION INSTRUCTIONS

TO OBTAIN A COPY OF A BIRTH CERTIFICATE, MARRIAGE CERTIFICATE OR DIVORCE DECREE

ALTERNATE DOCUMENTATION (This is necessary when a Birth Certificate is not available or when the Birth Certificate does not list the name of the child or both names of the parents.)

STEP #2
Complete Form G-325, Biographic Information, on yourself and on behalf of each family member who will be adjusting with you.

Instructions for completion of Form G-325:
-Please print legibly. Our legal staff must be able to read your hand-written G-325.
-Although the USCIS does not require the G-325 for children under the age of 14, our staff needs the information in order to complete other forms.
-In order to access the G-325 form you must have "Adobe Acrobat Reader" software. If necessary, you may first download this free software.
-You do not need to sign the G-325, we will type out new forms for you to sign.
-You do not have a “File Number” or “A Number”. Please leave those fields blank.

FORM G-325

Special Note: You will notice that two copies of this form appear as PDF files. Please only complete one copy of this form for each family member.

After you have completed steps 1 and 2, please mail all to the attorney handling your labor certification or immigrant petition (I-140) case.

STEP#3:
Complete your medical examination. To obtain the name of a CIS doctor in your area you may call 1-800-375-5283.

DISCLAIMER: The medical examination results must be no more than one year old at the time that we file the I-485 Adjustment of Status. Therefore, we recommend that you do not complete the medical examination until your I-485 is ready for filing.

To obtain a medical examination form, go to http://www.uscis.gov/files/form/I-693.pdf

MEDICAL EXAMINATION INSTRUCTIONS

STEP #4:
Obtain the required photographs for your application. Keep in mind that two photographs are needed for the I-485, two for the employment authorization document, and two for the advance parole authorization. If you are not sure whether you need the employment authorization document or the advance parole authorization, please contact the attorney handling your labor certification or immigrant petition.

USCIS Photograph Instructions

MISCELLANEOUS ISSUES IN ADJUSTMENT OF STATUS

COMPARISON OF ADJUSTMENT OF STATUS VERSUS CONSULAR PROCESSING
Adjustment of status is the process whereby a foreign national obtains permanent residence while physically present in the United States. In contrast, consular processing is the procedure for obtaining permanent residence at a United States Consulate outside of the United States. Generally, it is preferable to file your case under the I-485 Adjustment of Status process. If you are interested in having your case filed as a Consular Processing case, please contact the attorney handling your case immediately.

MEMO COMPARING ADJUSTMENT OF STATUS AND CONSULAR PROCESSING

EMPLOYMENT AUTHORIZATION
After a foreign national files the Adjustment of Status application he can continue to work on the basis of his H or L nonimmigrant status assuming that status has not expired. Adjustment of status applicants also have the option of filing for an Employment Authorization Document (EAD) either at the time of filing the I-485 or anytime after obtaining the I-485 Receipt Notice. In essence, the applicant needs either the H or L nonimmigrant status or the Employment Authorization Document but does not need both. However, an adjustment applicant with a valid nonimmigrant status may want to obtain an Employment Authorization Document to allow him to work an additional job.

The spouse and children of the adjustment of status employee may obtain an Employment Authorization Document either at the time of filing the I-485 or anytime after obtaining the I-485 Receipt Notice. As such, the spouse and children can work for any employer.

A foreign national can extend his H or L status even after filing the I-485 application.

TRAVEL DURING THE ADJUSTMENT OF STATUS PROCESS
A person may travel after filing the Adjustment of Status application if s/he holds either of the following:
• A valid H or L visa stamp in the passport, or
• Advance Parole authorization
If a person applies for advance parole (either because he does not have a valid H or L visa or simply because he prefers to have advance parole) then the advance parole authorization will be valid for a one year period and will permit multiple entries into the United States.

OUT OF STATUS / UNLAWFUL PRESENCE
If you have been out of status or unlawfully present at any time, it is imperative that you contact your attorney immediately. To do otherwise may jeopardize your continuing status in the United States and/or may prove to be a bar in traveling or adjusting your status to that of Permanent Resident.

I would like to know if the processing of AOS application is based on first come first processed or is it based on the priority dates ?

Please let me know.

Thanks in advance!
~Anil

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neverbefore

10-02 01:12 AM

I know IV members maybe uniformly divided between republicans and democrats. I find republicans views better too with the exception of their views on guns (war and other points).
however my main complaint against republicans is that the hardcore amongst them (esp the talk radio) ..spread hate. (remember to the average american ...legals and illegals look alike !!! ..)
and I agree nothing wrong in biden's remarks ..whereas Palin is a very wrong choice (not that I care much )

I would not have chosen any different words. You've been reading my mind! :)

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pd_recapturing

10-14 08:59 PM

Please suggest. Bumping up ...

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vhd999

06-21 12:18 PM

Thanks for the update...

Did you have to redo the medical or the USCIS was happy with the original medical exam that was submitted in April 2004?

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Ramba

09-25 07:40 PM

:) Ramba, I agree, but CBP issues I-94 based on passport expiry date. then what do you do ?

Let's say if you have a visa till dec 2010 and passport expires by june 2010. If you go out of country now and enter US again, they will issue I-94 till june 2010 only. Now a days Port of Entry CBP are careful in issuing I-94 till the expiry of the passport (not till the visa end date).

You are right. You don't need to renew the passport, if you are not planing to travel (planning to leave USA and come back). :)Even you can through your expired PP in waste bin after making a copy for records, if you dont want to leave USA.

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bluekayal

10-19 11:54 AM

pmpforgc and other Schedule A folks,

I called the special number for Texas premium processing and got information not only about 140 status but also about 485 for self and spouse.
This is the 485 process according to what I was told:
The first thing after fingerprint is
1. criminal background check (FBI)- thats where ours has been stuck for almost 2 months
2. Pre-adjudication (Texas)
3. Name and family background check (back to FBI)

based on this info, the agent told me he expected it would take at least 6 months! So no hope of getting in before retrogression hits on November 1st.

Was the 140 PP worth it then or was it waste of money? This depends on one's personal situation.

For me, since my employer paid half of it..I don't consider it a waste. If I140 is approved, my spouse could work with more certainty than with a pending 140...And the decision is pretty quick.

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hoolahoous

02-04 10:53 AM

since it was USCIS who lost the documents, shouldn't they give YOU benifit of doubt ? Specially considering that they KNOW that there was an AUTO created I-140 in their system. Technically you can't file I485 without I140. If their system indicates that they have created an I-140 that itself indicates that they accepted the error on their part first.
If you challenge USCIS decision in court, I think you have a good chance of getting the decision reverted.

PS: I am not an attorney so consult an attorney first.

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maverick_joe

05-05 04:20 PM

when did you file your 485? I really woudnt balme you for calling multiple times..but if its been 60 days since the current processesing dates(check the processing date of the service center you filed your case at) then there is absolutely no harm calling them to check the status.

Finally, I am current now, I spoke to IO today again ( Again means I call them every month, every week atleast once & So far I got Nice IO's)
She said your case is in current processing time, has not been yet assigned to any officer. checked all the status NC/SC/FP, everything is clear, just waiting for an officer to be assigned. call back after 15-20 days If I dont get any response.

I wanted to know that what impact does one have for calling IO's multiple times.

EB3, Oct'01
485- Jun 1st 07
No LUD's since Aug ( Address change)
Applied for 2nd AP & EAD last week.

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surabhi

05-21 09:29 AM

(a) I am currently in L1 and have a priority date of May 2004 and I am in EB3 category

(b) I have an approved I-140

(c) My 485 has not been filed yet

(d) I just got my H1 approved and it would be effective from Oct 1 2008

So, if I change my current job from Employer A to Employer B and if Employer B agrees to take over my Green Card Process,

1) Should I re-file my I-140? (I presume the answer is Yes, but don't want to be a smart a**, wanted to get it clarified to the maximum extent possible)

2) Will my current Priority Date be carried over? That is, can I re-file my I-140 with my new Employer B with the same priority date of May 2004?

3) If I can move from Employer A to Employer B and file my new I-140, should this be done asap and before Employer A revokes my current approved I-140?

4) How much time does it take when I file I-140 with premium processing? (I can probably find this from USCIS website, but wanted to know real-time experiences)

5) Within how many days of joining my new Employer B should I file my new I-140?

6) I understand that the Employer A can revoke my I-140 and use my approved labor for any other viable applicant, but I also know that the Labor Substitution concept ceased to exist from July 2007. What is the benefit for my Employer A to revoke the I-140?

7) Last, but not the least - Should I file for a new labor where I will get a new Priority date and go back to that (god forsaken) square 1?

Thanks in advance for your time and I am finding it difficult to assimilate the answers from various posts.

1. yes, you should refile your I-140 . In fact you should start from labor ( to your Q# 7)

2. You cannot directly file I-140 . you should start from labor, but you can port your eariler PD
3. Revoking earlier I-140 has noo bearing on new labor / I-140 app, since you are not in I-1485 yet.
4.there is no premium processing yet for I-140
5.It has no bearing. Its upto you.
6. Even if it cannot be used for another person, one genuine reason why employers would want to revoke is to avoid RFEs regarding "Ability to Pay" for other employees they are still sponsoring. By not revoking your I-140, their ability to pay will be reduced by that much amount.
7. See above

this is all based on my knowledge of a friend who has gone thru similar process. Please validate with an attorney.

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desi3933

06-22 09:50 AM

[QUOTE=desi3933][COLOR="Blue"]1. No, unless she goes out of country and re-enters US on H1 visa on or after Oct 1st

As her I-94 is attached and COS if approved with H1B, Can she work on I-485-EAD/H4 from Aug 1 - Sept 30 and then work on H1B from Oct 1 - next 3 years from the same company?

Please advise.

I have answered this question in my last post (#1 in post). Here we go again --

By working on EAD she will be on AOS Pending status. In order to change to H4 back again, she needs to go out of country and re-enter US on H1 visa on or after Oct 1st.

Not a legal advice.
-----------------------------------
Permanent Resident since May 2002

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chanduv23

08-03 10:31 AM

The reason they seem to be doing this is because of the kind of recomendations they get from various sources which complain about how the website is not helpful or how it is difficult to track information etc...

One has to understand that such traditional type organizations have their own pace and deal with things in their own way.

The new website may not satisfy applicants but from their POV - they have something better than what they had before and thats how any big organization runs.

unbreakable

03-17 09:45 AM

All,
I got a couple of emails from USCIS yesterday stating that they have sent notices requesting additional evidence/information on our I-485 applications. My priority date is October 2006 (EB3) and I am not sure why I would get a RFE now. Has anybody with a similar priority date get a RFE too?

I will let you guys know what was requested in the RFE as soon as I get it.

kosu

08-17 07:47 AM

My wifes EAD was approved on July 30th. We applied for SSN on 6th of August and she received her SSN on 13th of August. Once you apply for SSN they will give you a letter stating that you have applied for SSN. On that letter it specifically states that you CAN start working and show that letter as a proof to your employer.

tualcoicounma

Tuesday, June 7, 2011

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