deafTunes123
09-10 09:43 AM
There is one more option. Calculate all the time you are out of US over the past 5 years and sum them up.
Eg., If you are 5 months out of country, then you can recapture those 5 months and add it to your 6th year limit. In which case you may fall in the category of applying your Labor before start of 6th. Your Lawyer should be aware of this. I know one person who did this successfully.
The other option is take 3 or 4 months off (out of country) and recapture if necessary.
Good Luck.
Eg., If you are 5 months out of country, then you can recapture those 5 months and add it to your 6th year limit. In which case you may fall in the category of applying your Labor before start of 6th. Your Lawyer should be aware of this. I know one person who did this successfully.
The other option is take 3 or 4 months off (out of country) and recapture if necessary.
Good Luck.
wallpaper Top Hat: Amore De Mori (Bonnie)
yagw
10-31 06:43 PM
I am planning to shift employers and I have a question:
Company A applied for my green card and I have an approved I-140, passed the 6 month mark and now planning to shift jobs on EAD. I have an offer from Company B with a condition that my offer would be permanent upon approval of my green card. I cannot work for company B till I physically have my GC. In the mean time can I work for Company C ( in a completely different field) till my GC gets approved without any issues?
To answer your questions (assuming you filed I-1485 with A - since you mention using EAD).
1. Is employer A going to withdraw the approved I-140? If yes, then you will run into some issues with the way things are going now. But you should be able to fight back (MTR etc) in the worst case. If A is not withdrawing I-140, then less problem.
2. Is Company B, that promises to employ you after GC, can they give any written statement? Here in US it is _at-will_ employment. So, you might have tough time proving it.
3. Another problem is, before they adjudicate your I-485, they might issue an RFE to check if you're still employed in same or similar position. And employment with Company C will not satisfy this requirement.
Now, I am not sure if any documents from company B will establish the fact that you will be working in same/similar occupation. You should better consult with an Immigration Attorney and better yet retain them for future.
Company A applied for my green card and I have an approved I-140, passed the 6 month mark and now planning to shift jobs on EAD. I have an offer from Company B with a condition that my offer would be permanent upon approval of my green card. I cannot work for company B till I physically have my GC. In the mean time can I work for Company C ( in a completely different field) till my GC gets approved without any issues?
To answer your questions (assuming you filed I-1485 with A - since you mention using EAD).
1. Is employer A going to withdraw the approved I-140? If yes, then you will run into some issues with the way things are going now. But you should be able to fight back (MTR etc) in the worst case. If A is not withdrawing I-140, then less problem.
2. Is Company B, that promises to employ you after GC, can they give any written statement? Here in US it is _at-will_ employment. So, you might have tough time proving it.
3. Another problem is, before they adjudicate your I-485, they might issue an RFE to check if you're still employed in same or similar position. And employment with Company C will not satisfy this requirement.
Now, I am not sure if any documents from company B will establish the fact that you will be working in same/similar occupation. You should better consult with an Immigration Attorney and better yet retain them for future.
gc_chahiye
09-25 01:44 PM
hermione,
How to know if name check has been done. Is there a number to call to confirm NC clearance?.
We had FP on 9/19 and saw LUD on 9/20. Called FBI yesterday and they say they sent results to uscis. Does it mean FP and NC clearance? Or NC is a separate entity. Please, let me know
name check is separate from the FP clearance.
How to know if name check has been done. Is there a number to call to confirm NC clearance?.
We had FP on 9/19 and saw LUD on 9/20. Called FBI yesterday and they say they sent results to uscis. Does it mean FP and NC clearance? Or NC is a separate entity. Please, let me know
name check is separate from the FP clearance.
2011 imagenes de amor para facebook; amore de mori. el triunfo del amor jimena
funny
10-08 03:46 PM
Good news....Very bold move by Indian Govt.
more...
danu2007
08-03 05:14 PM
Hi All,
I am not sure whether this has been answered earlier. Here is my situation.
My H1b is getting over by Jan 2008. My I-140 approved and I have filed my I-485 in July 2nd 2007. I contacted my company law firm and one of the top law firm about 3 year extension. Here is the answer
Attorney from company law firm:- Since you have applied for I-485 you will not be eligible for 3 year or one year extension. The only stage when you can apply for 3 year extension is when your I-140 is approved and the PD is not current. Since there was a time the PD was current and you applied for I-485, you will not be eligible for 3 year extension. Even if you apply you will get rejected.
Then I contacted the other law firm mentioning about the above law firm comments and here is the reply.
Attorney from one of the top law firm:-The law firm is simply reading things wrong. You can file for the three year extension as long as there is not a visa number available. Therefore, if the I-485 was filed and then the visa numbers became unavailable, as is the case right now, the three year extensions are possible. I would see if you can request the law firm to reread the rule that permits the three year extensions. They are reading it too narrowly. We follow this procedure successfully all the time.
So I am confused in this case and my employer will believe in what the company law firm will say.
So I am trying to get an opinion from any one who was in this situation and got a 3 year extension and who is right?
Thanks
I am not sure whether this has been answered earlier. Here is my situation.
My H1b is getting over by Jan 2008. My I-140 approved and I have filed my I-485 in July 2nd 2007. I contacted my company law firm and one of the top law firm about 3 year extension. Here is the answer
Attorney from company law firm:- Since you have applied for I-485 you will not be eligible for 3 year or one year extension. The only stage when you can apply for 3 year extension is when your I-140 is approved and the PD is not current. Since there was a time the PD was current and you applied for I-485, you will not be eligible for 3 year extension. Even if you apply you will get rejected.
Then I contacted the other law firm mentioning about the above law firm comments and here is the reply.
Attorney from one of the top law firm:-The law firm is simply reading things wrong. You can file for the three year extension as long as there is not a visa number available. Therefore, if the I-485 was filed and then the visa numbers became unavailable, as is the case right now, the three year extensions are possible. I would see if you can request the law firm to reread the rule that permits the three year extensions. They are reading it too narrowly. We follow this procedure successfully all the time.
So I am confused in this case and my employer will believe in what the company law firm will say.
So I am trying to get an opinion from any one who was in this situation and got a 3 year extension and who is right?
Thanks
lalithkx
04-22 04:02 PM
Worried that my dates will become current and no I140 approval in sight
EB2
PD 04-27-2004
RD at NSC 07-24-2007
ND at TSC 09-14-2008
I-140 Status pending
EB2
PD 04-27-2004
RD at NSC 07-24-2007
ND at TSC 09-14-2008
I-140 Status pending
more...
gcisadawg
02-03 02:12 PM
hello boss...
whoever is replying to my thread...
iam not faking or frauding anything ..and you guys dont have any right to tell me.
I had a very nice job back in my home country and iam well experienced guy..
unfortunately due to some personal reasons nothing strike me in my way.
u guys dont have to be so rude.
thought i will get help from this forum but not a negative response
thanku very much
I understand you are experienced and had a great job at home! But do you understand that you have already broken the law?
whoever is replying to my thread...
iam not faking or frauding anything ..and you guys dont have any right to tell me.
I had a very nice job back in my home country and iam well experienced guy..
unfortunately due to some personal reasons nothing strike me in my way.
u guys dont have to be so rude.
thought i will get help from this forum but not a negative response
thanku very much
I understand you are experienced and had a great job at home! But do you understand that you have already broken the law?
2010 amore de mori. reyli barba amor del bueno; reyli barba amor del bueno
onemorecame
07-23 12:14 PM
Dont know whether it matters.
But R. Mickels.
How do you know who signed your I-485?
But R. Mickels.
How do you know who signed your I-485?
more...
ivjobs
11-12 03:02 PM
I dont understand the meaning of this
Applicants who obtained their current visa in a country other than that of their legal residence.
The complete list is given below.
Who Cannot Apply in Mexico:
* Applicants for B1/2 visas, including renewals are not accepted from third country nationals who are not resident in Mexico.
* Applicants who entered the U.S. with a visa issued in their home country and changed status with Department of Homeland Security in the U.S. who seek a new visa in the new visa category
* Applicants who entered the United States in one visa category and are seeking to re-enter the U.S. in a different visa category.
* Applicants who have been out of status in the U.S. having violated the terms of their visas or having overstayed the validity indicated on their I-94s.
* Applicants who entered the U.S. under the auspices of the Visa Waiver Program.
* Applicants who obtained their current visa in a country other than that of their legal residence.
* PLEASE NOTE: If you were informed when you obtained the original visa in your home country that you are subject to National Security Entry Exit Registrations (NSEERs), are a national of North Korea, Cuba, Syria, Sudan or Iran, you are not eligible to renew your visa in Mexico.
Applicants who obtained their current visa in a country other than that of their legal residence.
The complete list is given below.
Who Cannot Apply in Mexico:
* Applicants for B1/2 visas, including renewals are not accepted from third country nationals who are not resident in Mexico.
* Applicants who entered the U.S. with a visa issued in their home country and changed status with Department of Homeland Security in the U.S. who seek a new visa in the new visa category
* Applicants who entered the United States in one visa category and are seeking to re-enter the U.S. in a different visa category.
* Applicants who have been out of status in the U.S. having violated the terms of their visas or having overstayed the validity indicated on their I-94s.
* Applicants who entered the U.S. under the auspices of the Visa Waiver Program.
* Applicants who obtained their current visa in a country other than that of their legal residence.
* PLEASE NOTE: If you were informed when you obtained the original visa in your home country that you are subject to National Security Entry Exit Registrations (NSEERs), are a national of North Korea, Cuba, Syria, Sudan or Iran, you are not eligible to renew your visa in Mexico.
hair Amor, Dolor Y Viceversa; amore de mori. el triunfo del amor jimena
Sunx_2004
07-06 10:58 AM
Can someone please provide the format of the affidavit.
Other than the copy of your marriage certificate, pictures, children's birth certificate, etc., you can send an affidavit signed by a notary public, perhaps someone who works at the local municipality/city hall, etc. In addition, you should submit proof of joint financial holdings such as copy of this year's 1040 and state tax forms filled as "married filing jointly" (if you did so), a joint bank account, joint property ownership such as house and car, joint car insurance, home insurance, other bills (to show both of you are living at the same address), etc.
However, I would recommend using a lawyer (if not your lawyer whom you seem not to like) for preparing the RFE; I guess you do not want to suffer setbacks in your GC processing merely for saving $400!
Other than the copy of your marriage certificate, pictures, children's birth certificate, etc., you can send an affidavit signed by a notary public, perhaps someone who works at the local municipality/city hall, etc. In addition, you should submit proof of joint financial holdings such as copy of this year's 1040 and state tax forms filled as "married filing jointly" (if you did so), a joint bank account, joint property ownership such as house and car, joint car insurance, home insurance, other bills (to show both of you are living at the same address), etc.
However, I would recommend using a lawyer (if not your lawyer whom you seem not to like) for preparing the RFE; I guess you do not want to suffer setbacks in your GC processing merely for saving $400!
more...
shar533
05-22 11:21 PM
Mr Aggarwal, you might remember you gave me suggestion of going out of US for few days and then my employer can apply 2 I-129 applications simultanously.
Here was my case : I am on H-1B status since May 2005 and my 6 years expired on 12th May 2011. My employer applied for LC on 15th May 2010 which is still pending ( under audit ). In order for us to seek 7th year extension, I went out of US for 4 days and came back bcz I have to be in status on the day my labor was going to be 365 days pending. My employer filed two I-129 applications, ( both applications under normal processing) one for seeing 4 days to recoup, and 2nd application for 7th year extension But USCIS sent 2nd application back alongwith fee and gave us only 1 file number. Why is that?
Is it because they can accept only 1 application at a time( for 4 days extension) and wont entertain 2nd application unless 1st has been decided?
Or .. Are they going to do processing for whole 1 year and 4 months in same application and returned the extra fee of 2nd application?
I am confused now, because what if they are processing only 1st application and give me just 4 day extension after 2 months. Also, shall my employer be able to file 2nd application after 2 months when I am out of status ?
Please help .
Here was my case : I am on H-1B status since May 2005 and my 6 years expired on 12th May 2011. My employer applied for LC on 15th May 2010 which is still pending ( under audit ). In order for us to seek 7th year extension, I went out of US for 4 days and came back bcz I have to be in status on the day my labor was going to be 365 days pending. My employer filed two I-129 applications, ( both applications under normal processing) one for seeing 4 days to recoup, and 2nd application for 7th year extension But USCIS sent 2nd application back alongwith fee and gave us only 1 file number. Why is that?
Is it because they can accept only 1 application at a time( for 4 days extension) and wont entertain 2nd application unless 1st has been decided?
Or .. Are they going to do processing for whole 1 year and 4 months in same application and returned the extra fee of 2nd application?
I am confused now, because what if they are processing only 1st application and give me just 4 day extension after 2 months. Also, shall my employer be able to file 2nd application after 2 months when I am out of status ?
Please help .
hot tu eres el amor de mi vida; amore de mori. el triunfo del amor jimena
gconmymind
08-15 02:13 PM
The whole non-compete agreement is a cruel joke on the employee who finds his own project. All these incapable bad desi employers ban the employee from joining the client whom the employee got them in the first place.
I know a friend of mine works for an employer, he found his own project through a vendor, now because of non-compete agreement he cannot join the client, nor the vendor and now the employer and vendors are buddies and thinking of other business opportunities. In all this the employee is the loser while it was he who brought the employer and vendor together into minting more money at his expense.
This is especially true of smaller companies. Big companies at least have real end clients and find projects. With smaller companies, employee finds projects, helps build client list for his company, gets paid less than market rate, etc.
If the GC process were smoother, a lot of such employers would shut down. Their business model is helped by the immigration mess....
I know a friend of mine works for an employer, he found his own project through a vendor, now because of non-compete agreement he cannot join the client, nor the vendor and now the employer and vendors are buddies and thinking of other business opportunities. In all this the employee is the loser while it was he who brought the employer and vendor together into minting more money at his expense.
This is especially true of smaller companies. Big companies at least have real end clients and find projects. With smaller companies, employee finds projects, helps build client list for his company, gets paid less than market rate, etc.
If the GC process were smoother, a lot of such employers would shut down. Their business model is helped by the immigration mess....
more...
house amore de mori accessories.
va_dude
03-25 02:32 PM
so what's the problem here.
Just work with your attorney and employer who filed your 140 to send them the info/letter they need with details on which client you worked for and when, etc.
Just work with your attorney and employer who filed your 140 to send them the info/letter they need with details on which client you worked for and when, etc.
tattoo amore de mori. quot;Amore de Moriquot;
nsb
07-17 04:52 PM
D. JULY EMPLOYMENT-BASED VISA AVAILABILITY
After consulting with Citizenship and Immigration Services, the Visa Office advises readers that Visa Bulletin #107 (dated June 12) should be relied upon as the current July Visa Bulletin for purposes of determining Employment visa number availability, and that Visa Bulletin #108 (dated July 2) is hereby withdrawn.
After consulting with Citizenship and Immigration Services, the Visa Office advises readers that Visa Bulletin #107 (dated June 12) should be relied upon as the current July Visa Bulletin for purposes of determining Employment visa number availability, and that Visa Bulletin #108 (dated July 2) is hereby withdrawn.
more...
pictures amores de mercado; amore de mori. reyli amor del bueno; reyli amor del bueno
arnet
11-22 06:31 PM
hey nivasch, can you use H1 to work if you didnt use it to enter at port of entry? can you please explain your experience? thanks.
Arnet
Arnet
dresses amore de mori. Bárbara Mori será escritora de
dilipb
02-13 09:28 AM
Yesterday USCIS announced officially that they need 1300 officers.
Their recruitment, training etc itself is going to take about 4-5 months.
So I am now guessing that it surely will take about 4 years for them to fix this big issue of retrogression and also hopefully someone increases the VISA numbers by then.
Closing this thread from my perspective since I have some good information.
Thanks to all for providing inputs.
Their recruitment, training etc itself is going to take about 4-5 months.
So I am now guessing that it surely will take about 4 years for them to fix this big issue of retrogression and also hopefully someone increases the VISA numbers by then.
Closing this thread from my perspective since I have some good information.
Thanks to all for providing inputs.
more...
makeup bonnie wood amor de mori ne
hai_yeh_gc
04-26 09:41 AM
Guys, I made a silly mistake - I reversed first name and last name values - realized after submitting the form.
Should I put in a covering letter about the mistake with supporting docs.. or just let it pass through.. I'm worried that they might reject my application and I'll have to file again ( no refund !!! :( )
Any suggestions please ?
Should I put in a covering letter about the mistake with supporting docs.. or just let it pass through.. I'm worried that they might reject my application and I'll have to file again ( no refund !!! :( )
Any suggestions please ?
girlfriend Art Work By Amore De Amori
Legal_In_A_Limbo
04-28 08:27 PM
If you dont mind, can you keep us updated.
I will really appreciate that.
I will really appreciate that.
hairstyles Ariadne Diaz in Llena de Amor; amore de mori. mensajes de amor cristianos
EndlessWait
01-15 11:53 AM
lol.. i love this capitalistic society...
Saralayar
08-16 11:01 AM
i dont see any of the above said...:o..how lond does it take for us to receive rn in hand after the checks are cashed...I am starting to worry now.If everybody can see the rn why icant i!:o...The uscis cs is not telling the status...Is there a possiblity of appl rejection even after the checks are cleared.:confused::confused:
Thanks.
I don't know why guys are so anxious about the reciept number. When they get the reciept number mail, they are going ot have all the details. Unnecessary anxious. What you guys are going to do with your reciept number known early?. Is it going to speed up your GC process?. Be cool and wait. You will get everything...
Thanks.
I don't know why guys are so anxious about the reciept number. When they get the reciept number mail, they are going ot have all the details. Unnecessary anxious. What you guys are going to do with your reciept number known early?. Is it going to speed up your GC process?. Be cool and wait. You will get everything...
nogc_noproblem
04-15 12:51 PM
9 Years, with one employer!!! immmm..
If the employer is good it is ok, what if not?
I don�t know how many of our most productive life time is going to be stagnated because of this GC wait.
Lunch Time (EST), on the lighter note�.
Tourists in the Museum of Natural History ...
...were marveling at the dinosaur bones. One of them asks the blonde guard, 'Can you tell me how old the dinosaur bones are?'
The guard replies, 'They are 3 million, four years, and six months old.'
'That's an awfully exact number,' says the tourist. 'How do you know their age so precisely?'
The guard answers, 'Well, the dinosaur bones were three million years old when I started working here, and that was four and a half years ago!'
If the employer is good it is ok, what if not?
I don�t know how many of our most productive life time is going to be stagnated because of this GC wait.
Lunch Time (EST), on the lighter note�.
Tourists in the Museum of Natural History ...
...were marveling at the dinosaur bones. One of them asks the blonde guard, 'Can you tell me how old the dinosaur bones are?'
The guard replies, 'They are 3 million, four years, and six months old.'
'That's an awfully exact number,' says the tourist. 'How do you know their age so precisely?'
The guard answers, 'Well, the dinosaur bones were three million years old when I started working here, and that was four and a half years ago!'
No comments:
Post a Comment