javadeveloper
11-25 05:13 PM
One of my friends got GC without any problems.He got substitution labor.
Another friend (who didn't changed his employer) got RFE asking for employment verification letter.But many of his friends got GCs even after changing employer without any RFE.
USCIS really rocks :D:D:D
Another friend (who didn't changed his employer) got RFE asking for employment verification letter.But many of his friends got GCs even after changing employer without any RFE.
USCIS really rocks :D:D:D
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hobbyaddict
December 3rd, 2008, 04:22 PM
It's here! On time, and as described in ad. This weekend it will get it's first workout... Reading up on new features. I am going to set a few test "banks" (pre-sets) based on last years experience at that facility. Hoping that only minor tweaks are necessary once there.
Fun...
-Ed
Fun...
-Ed
nonimmi
10-19 03:46 PM
If you applied for labor through PERM and have a copy of you PERM application, the DOL o*net code is listed in section F. Box 2. of the ETA 9089 form. This code can then be looked up at the o*net web site: http://online.onetcenter.org/find/
Do you know how to find this DOL o*net code for non-PERM cases?
Do you know how to find this DOL o*net code for non-PERM cases?
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anilsal
11-28 02:45 PM
if the email system works anymore for the online case status.
You really should be doing this and get registered with your state chapter. :)
http://immigrationvoice.org/forum/showthread.php?t=15745
You really should be doing this and get registered with your state chapter. :)
http://immigrationvoice.org/forum/showthread.php?t=15745
more...
vishwak
08-18 08:29 AM
Even some Attorney's and Law firm says you can start working once you FedEx document to USCIS or Receipt of FedEx at USCIS. Its always good to wait until you get Receipt number from USICS which is an official document.
Desertfox
05-20 03:32 AM
Few years ago I evaluated my 3-year engineering diploma from ECE to transfer some credits toward a bachelors degree at Arizona State University. It was evaluated as 10+2+1, and it clearly said that the US equivalency was High School Diploma with One Year of Undergraduate study. So it was not even equivalent to an Associates degree. However, I never had a H-1B visa and neither I work in IT, so I never had to run it through USCIS.
more...
nitkad
04-15 01:17 PM
This tax issue does not seem like part of "All other Green Card Issues" under which it is started.
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Saarissimo
06-03 05:08 PM
Thank you all for your replies and comments. A few things I know based on previous research:
1. Any person, whether in the US or not, can be an investor (and hence hold equity) of an LLC or C corp. When it comes to an S-corp, all owners must be US citizens. So owning a stake in a company has nothing to do with work permit (i.e. H1-B)
2. Any company that can prove employer-employee relationship can sponsor H1B for its employees, even if the employees are owners in the company. There are many start-ups in the US where some of the founders work in the company on an H1-B. However, the lion share of those are C-Corps
My questions are:
1. Can an LLC sponsor an H1B visa for one of its (major) shareholders
2. If so, H1B visa requires proof of salary, whereas owners in an LLC cannot be employed by the LLC. Any ideas on how to solve this paradox?
I hope this all makes sense.
Thank you all in advance.
1. Any person, whether in the US or not, can be an investor (and hence hold equity) of an LLC or C corp. When it comes to an S-corp, all owners must be US citizens. So owning a stake in a company has nothing to do with work permit (i.e. H1-B)
2. Any company that can prove employer-employee relationship can sponsor H1B for its employees, even if the employees are owners in the company. There are many start-ups in the US where some of the founders work in the company on an H1-B. However, the lion share of those are C-Corps
My questions are:
1. Can an LLC sponsor an H1B visa for one of its (major) shareholders
2. If so, H1B visa requires proof of salary, whereas owners in an LLC cannot be employed by the LLC. Any ideas on how to solve this paradox?
I hope this all makes sense.
Thank you all in advance.
more...
Sai gc
05-12 09:44 AM
Hi Gurus please advice,
My 140 was approved in 2007 ,but today i got email from USCIS ,
Application Type: I140, IMMIGRANT PETITION FOR ALIEN WORKER
Current Status: Case Transfered to Another Office for Processing
On May 12, 2009, we transferred this case I140 IMMIGRANT PETITION FOR ALIEN WORKER to our LINCOLN, NE location for processing and sent you a notice explaining this action. Please follow the instructions provided on the notice. We will notify you by mail when a decision is made. If you move while this case is pending, call customer service at 1-800-375-5283 to update your address. You can use our processing dates to estimate when your case may be processed by following the link below. You can also receive automatic e-mail updates as we process your case by registering in the link below.
Any idea, what would be the possible reason for this? Please advice.
BTW I recently applied for EAD extension.
My 140 was approved in 2007 ,but today i got email from USCIS ,
Application Type: I140, IMMIGRANT PETITION FOR ALIEN WORKER
Current Status: Case Transfered to Another Office for Processing
On May 12, 2009, we transferred this case I140 IMMIGRANT PETITION FOR ALIEN WORKER to our LINCOLN, NE location for processing and sent you a notice explaining this action. Please follow the instructions provided on the notice. We will notify you by mail when a decision is made. If you move while this case is pending, call customer service at 1-800-375-5283 to update your address. You can use our processing dates to estimate when your case may be processed by following the link below. You can also receive automatic e-mail updates as we process your case by registering in the link below.
Any idea, what would be the possible reason for this? Please advice.
BTW I recently applied for EAD extension.
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vvvunlucky
04-22 11:28 AM
Is by any chance your passport is expiring by Nov 2010? Anyway, your H1 extension will be for 3 years as per my knowledge as your I140 is approved for morethan 180 days.
more...
helpmeExperts
02-14 04:36 PM
If you don't have a job on H1-B then you are not in legal status within this country. This may come back to haunt you during future 485 processing and approval. That's where an EAD is good in that it allows you to remain in legal status even when you don't have a job for a certain period of time.
ok got it. so its better to jump on EAD whenver you feel the fear of being jobless for a long time. that way no problem if jobless for certain time.
only con is if something wrong happens to 485, we are screwed!!
one more question very complicated -
if i jump to EAD, what would be my wife status?? i already filed 485 & planning to marry next year & bring spouse on h4.
i dont see EB2 my PD becoming current for next 2-3 years
any inputs are appreciated??
ok got it. so its better to jump on EAD whenver you feel the fear of being jobless for a long time. that way no problem if jobless for certain time.
only con is if something wrong happens to 485, we are screwed!!
one more question very complicated -
if i jump to EAD, what would be my wife status?? i already filed 485 & planning to marry next year & bring spouse on h4.
i dont see EB2 my PD becoming current for next 2-3 years
any inputs are appreciated??
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ras
06-22 04:23 PM
Is getting H1 transfer with extension based on the I 485/I 140 is considered to be using AC21. Does the H1 job description need to be similer to the I140 job description?
In this situation how come H1 description is related to GC job description. AC21 only says that one can get H1 extension based on a pending GC application. But does the job need to be same/similer?
In this situation how come H1 description is related to GC job description. AC21 only says that one can get H1 extension based on a pending GC application. But does the job need to be same/similer?
more...
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Trackgc10
10-02 06:53 PM
Hi:
Did u submit a copy of approved 140?. I am guessing they requested proof of 140 approval.
Did u submit a copy of approved 140?. I am guessing they requested proof of 140 approval.
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ebizash
07-23 10:42 AM
I have two options:
1. Stick with my current company and take the money.
2. Switch to new employer right away and file new PERM.
With option 2, if I change to this employer, I will lose that good chunk of money.
I don't have a suggestion but a question for you. What is this money that you get if you stick with the company after they lay you off. Why would you lose the money if you join company B? I am sorry I just thought it was kind of strange.
1. Stick with my current company and take the money.
2. Switch to new employer right away and file new PERM.
With option 2, if I change to this employer, I will lose that good chunk of money.
I don't have a suggestion but a question for you. What is this money that you get if you stick with the company after they lay you off. Why would you lose the money if you join company B? I am sorry I just thought it was kind of strange.
more...
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zico123
05-17 01:53 PM
According to BBC:
Link: http://news.bbc.co.uk/2/hi/americas/6667257.stm
The White House and the US Senate have reached a deal on an immigration bill that could give legal status to many of the 12m illegal immigrants in the US.
Democratic Senator Edward Kennedy confirmed the agreement that would also establish a merit-based system for future migrants.
US President George W Bush is expected to endorse the bill, which strengthens border controls, Mr Kennedy said.
The proposal comes after months of bitterly fought debate over the issue.
Points system
After first paying visa fees and a $5,000 (�2,530) fine - and returning to their home country - illegal immigrants in the US would be eligible for the planned "Z visa".
Holders of this proposed visa would have to wait between eight and 13 years for a decision on their permanent residency application.
Another key component of the deal was the establishment of a "points system" that would emphasise new immigrants' education, language and job skills over family connections in awarding green cards.
New limits would also apply to US citizens bringing foreign-born parents into the country.
The bill also establishes a two-year temporary guest worker visa.
Holders of this visa would be allowed to renew their papers twice, but would have to return home for a year between each stint, and would have virtually no chance of gaining permanent residency or citizenship under this program.
The bill is expected to cause passionate debate in the Senate next week.
Immigration reform has been one of Mr Bush's top priorities in government, after the so-called "war on terror".
Link: http://news.bbc.co.uk/2/hi/americas/6667257.stm
The White House and the US Senate have reached a deal on an immigration bill that could give legal status to many of the 12m illegal immigrants in the US.
Democratic Senator Edward Kennedy confirmed the agreement that would also establish a merit-based system for future migrants.
US President George W Bush is expected to endorse the bill, which strengthens border controls, Mr Kennedy said.
The proposal comes after months of bitterly fought debate over the issue.
Points system
After first paying visa fees and a $5,000 (�2,530) fine - and returning to their home country - illegal immigrants in the US would be eligible for the planned "Z visa".
Holders of this proposed visa would have to wait between eight and 13 years for a decision on their permanent residency application.
Another key component of the deal was the establishment of a "points system" that would emphasise new immigrants' education, language and job skills over family connections in awarding green cards.
New limits would also apply to US citizens bringing foreign-born parents into the country.
The bill also establishes a two-year temporary guest worker visa.
Holders of this visa would be allowed to renew their papers twice, but would have to return home for a year between each stint, and would have virtually no chance of gaining permanent residency or citizenship under this program.
The bill is expected to cause passionate debate in the Senate next week.
Immigration reform has been one of Mr Bush's top priorities in government, after the so-called "war on terror".
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gcdreamer05
10-22 12:17 PM
Good morning everyone!
I have an H1B issued in October 2006. Also, my concurently filed I-140 and I-485 were filed in November 2007 and are pending and I have just renewed my EAD.
Yesterday, I received an email from HR asking me to provide a new EAD, because the old one expires. Their records indicate that my status is pending I-485, not H1B. Obviously I never told them to use the EAD, because I know the H1B may be invalidated. I provided them with a copy of the H1B when it was issued, but later the lawyers may have provided them with a copy of the EAD and they just updated my status from H1B to pending I-485. HR doesn't know anything about immigration processes or regulations.
Given HR fixes their record now to show I am working on H1B, is there any way USCIS can find out that HR used the EAD to verify I have the authorization to work and invalidate my H1B? Is there a database where all companies input the basis on which their non-citizen employees are authorized to work that USCIS has access to on a regular basis and which shows that basis/status at each point in time (like a log)? What does to work on H1B or EAD actually mean (what does HR have to do differently - maybe when they file taxes?) and how can USCIS know whether one works with H1B or EAD?
I really appreciate any hint/advice and thank the helper(s) in advance.
Did you fill any I-9 form or your hr filed it? the status of the applicant is decided by the I-9 Employment eligibility form.
Even otherwise i dont think it is a problem, they can change the form again to show your respective status ?
I have an H1B issued in October 2006. Also, my concurently filed I-140 and I-485 were filed in November 2007 and are pending and I have just renewed my EAD.
Yesterday, I received an email from HR asking me to provide a new EAD, because the old one expires. Their records indicate that my status is pending I-485, not H1B. Obviously I never told them to use the EAD, because I know the H1B may be invalidated. I provided them with a copy of the H1B when it was issued, but later the lawyers may have provided them with a copy of the EAD and they just updated my status from H1B to pending I-485. HR doesn't know anything about immigration processes or regulations.
Given HR fixes their record now to show I am working on H1B, is there any way USCIS can find out that HR used the EAD to verify I have the authorization to work and invalidate my H1B? Is there a database where all companies input the basis on which their non-citizen employees are authorized to work that USCIS has access to on a regular basis and which shows that basis/status at each point in time (like a log)? What does to work on H1B or EAD actually mean (what does HR have to do differently - maybe when they file taxes?) and how can USCIS know whether one works with H1B or EAD?
I really appreciate any hint/advice and thank the helper(s) in advance.
Did you fill any I-9 form or your hr filed it? the status of the applicant is decided by the I-9 Employment eligibility form.
Even otherwise i dont think it is a problem, they can change the form again to show your respective status ?
more...
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Prashanthi
08-27 02:17 PM
My I-140 and I-485 was filed concurrently in July 2004. I-140 was approved in October 2004 for EB3-India. In November 2006 I changed employers after I informed USCIS. We received notice in March 2007 to show another approved I-140 as my I-140 was revoked. My attorney replied invoking AC21 and stating that my I-140 remains valid. He attached my own letter informing them of employer change notiifcation as evidence.
On this we received another RFE in Sept 2007 stating that more evidence was needed in the form of employer letter and my tax returns. We replied to this with all the evidence. Then in October 2007 we received finger printing notice which stated that in order to continue my petition finger prints would be required. The case stayed at Vermont service center.
In November 2008 the case was transferred to Texas and they transferred it to NBC in April for scheduling an interview. The interview was done this month.
The officer did not have any clue about AC21 and insisted that I must show another approved I-140 or a letter from USCIS stating that my I-140 is reinstated. My attorney told the officer that processing on my petition was continued after the RFE, the officer went to find supervisor and could not find anyone. We were told that they would get back.
Today they denied my case on the same grounds that underlying I-140 petition is withdrawn.
What can I do now? I don't have H1B. How much help the MTR would be as it would go to same office. Please help. I am shell shocked.
DO NOT WORRY FILE A MOTION TO RE-OPEN. Whenever you file a motion the Supervisor will look at it before a decision is give, this is an obvious error because of the Officers Ignorance, this is not uncommon, we have a lot of ignorant officers around. This is a simple case to get approved, as long as you do everything in a timely fashion and submit the required documents. This might delay the processing of your case, but it will get approved as the law is clearly on your side.
IMPORTANT NOTE: The USCIS should not have revoked your I-140, then you are not eligible for AC-21. It is fine if your employer withdrew the I-140, not sure when you said revoked, who revoked the I-140, i am presuming it is the employer.
On this we received another RFE in Sept 2007 stating that more evidence was needed in the form of employer letter and my tax returns. We replied to this with all the evidence. Then in October 2007 we received finger printing notice which stated that in order to continue my petition finger prints would be required. The case stayed at Vermont service center.
In November 2008 the case was transferred to Texas and they transferred it to NBC in April for scheduling an interview. The interview was done this month.
The officer did not have any clue about AC21 and insisted that I must show another approved I-140 or a letter from USCIS stating that my I-140 is reinstated. My attorney told the officer that processing on my petition was continued after the RFE, the officer went to find supervisor and could not find anyone. We were told that they would get back.
Today they denied my case on the same grounds that underlying I-140 petition is withdrawn.
What can I do now? I don't have H1B. How much help the MTR would be as it would go to same office. Please help. I am shell shocked.
DO NOT WORRY FILE A MOTION TO RE-OPEN. Whenever you file a motion the Supervisor will look at it before a decision is give, this is an obvious error because of the Officers Ignorance, this is not uncommon, we have a lot of ignorant officers around. This is a simple case to get approved, as long as you do everything in a timely fashion and submit the required documents. This might delay the processing of your case, but it will get approved as the law is clearly on your side.
IMPORTANT NOTE: The USCIS should not have revoked your I-140, then you are not eligible for AC-21. It is fine if your employer withdrew the I-140, not sure when you said revoked, who revoked the I-140, i am presuming it is the employer.
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gcisadawg
12-17 11:35 AM
What a lousy and pathetic system it is , the so called USCIS. I mean they want ppl to wait for a decade to follow all the rules legally to get GC.
And so is the congress/senate. It seems they are bent upon not giving GC, just dragging it from one recession to the other. :mad:
The way things are going, I wont be surprised if the backlog crosses the double digit! 7 years and 2 months and counting...:(
And so is the congress/senate. It seems they are bent upon not giving GC, just dragging it from one recession to the other. :mad:
The way things are going, I wont be surprised if the backlog crosses the double digit! 7 years and 2 months and counting...:(
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fightforit
01-26 12:08 PM
Very true ! I am not sure what the moderators of Murhty forum are up to but yes the forum has been hijacked by a few very rude members. BTW, one of their very famous members have been banned from another very popular Attorney forum for rude (and illogical) posts and now happily continues name calling and rude language in Murthy forum.
Good, so I'm not the only one who feels that Murthy is dominated by uncivilized conversations. IV came as such a breath of fresh air because everyone here is polite and agree to disagree in a civil manner.
BTW is that famous member "J***f"....lol. He's been getting bashed at Murthy a bit too lately. He's like a schoolyard bully who just enjoys pouncing on people and giving unnecessary gyan.
Good, so I'm not the only one who feels that Murthy is dominated by uncivilized conversations. IV came as such a breath of fresh air because everyone here is polite and agree to disagree in a civil manner.
BTW is that famous member "J***f"....lol. He's been getting bashed at Murthy a bit too lately. He's like a schoolyard bully who just enjoys pouncing on people and giving unnecessary gyan.
theconfused
12-15 07:57 PM
Dear Sunny,
I will be honest to VO and there is no doubt about it. But i am wonerding if my past condition is going to pose any threat on my visa stamping.
And i am also wondering if anyone has gone with situation like mine?
My company has not applied for GC (labor) yet.
I will be honest to VO and there is no doubt about it. But i am wonerding if my past condition is going to pose any threat on my visa stamping.
And i am also wondering if anyone has gone with situation like mine?
My company has not applied for GC (labor) yet.
icecolor
09-12 09:00 AM
Send the link to this thread to your employer and let him know that he cannot even pull a small hair from your head.
For a change, your employer sounds like a big time Joker.. ask him/her to take a break and be a joker on the road..
First and far most.. If your employer is really sending a cancellation letter to USCIS for your H1, he is trying to rub his own Ya$$.. the ultimate loser is not YOU, but He/She and his company.. No employer with brain will send an official cancellation letter..
On the other hand, you are still on H4 status and directly getting on to EAD, so, you never used the so called H1, which means, if he messes up with you, you will be intact.
Also your employer can not do anything for your husband as well for his 485 processing etc, again at 485 stage, your hubb's employer dont need to do anything other then your hubb is on payroll for 180 days from the receipt date of 485.
In a genral when your employer contacts you again, tell him to have fun in Honolulu :P no worries...
For a change, your employer sounds like a big time Joker.. ask him/her to take a break and be a joker on the road..
First and far most.. If your employer is really sending a cancellation letter to USCIS for your H1, he is trying to rub his own Ya$$.. the ultimate loser is not YOU, but He/She and his company.. No employer with brain will send an official cancellation letter..
On the other hand, you are still on H4 status and directly getting on to EAD, so, you never used the so called H1, which means, if he messes up with you, you will be intact.
Also your employer can not do anything for your husband as well for his 485 processing etc, again at 485 stage, your hubb's employer dont need to do anything other then your hubb is on payroll for 180 days from the receipt date of 485.
In a genral when your employer contacts you again, tell him to have fun in Honolulu :P no worries...
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