haider420
06-13 09:46 AM
Yes you can.
firstly, thanks for replying.
I just wanted to be clear about this. So if I maintain my F1 status somehow by enrolling at kaplan/community college and then find a research job which is willing to sponsor for H1B, I can apply any time of the year for this class through non-profit organization/institute of higher education?
do you have any govt. links where I could find more info on this? Any input of yours will be greatly appreciated!!!!
firstly, thanks for replying.
I just wanted to be clear about this. So if I maintain my F1 status somehow by enrolling at kaplan/community college and then find a research job which is willing to sponsor for H1B, I can apply any time of the year for this class through non-profit organization/institute of higher education?
do you have any govt. links where I could find more info on this? Any input of yours will be greatly appreciated!!!!
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hpandey
06-02 03:16 PM
you are right, but isnt that found only when you are travelling outside of the USA? If I am in USA till i get a gc and then add my wife, how will anyone know if she is out of status ?
As people have said above as soon as you move from H1 to EAD your H1 would be no longer be valid and hence the corresponding H-4 status will no longer be valid and since you cannot file for AOS for your wife now , your wife will be out of status.
This information will come up in future when you apply for I-485 for your wife.It does not matter if your wife is still in the US or not. She will be out of status if you lose your H1 status ( just like anyone who loses his H1 status the dependent also loses his status ).
As people have said above as soon as you move from H1 to EAD your H1 would be no longer be valid and hence the corresponding H-4 status will no longer be valid and since you cannot file for AOS for your wife now , your wife will be out of status.
This information will come up in future when you apply for I-485 for your wife.It does not matter if your wife is still in the US or not. She will be out of status if you lose your H1 status ( just like anyone who loses his H1 status the dependent also loses his status ).
neoklaus
11-14 02:19 PM
As per my family experience: for my husband and daughter they issued EADs without
FP 3 weeks befor FP app-t, but mine EAD was ordered, as I've been informed by e-mail,
in a 4 days after FP was done.
So, even if Biometricals are not mandatory for EAD, but EAD Card has place for FP on it,
in some cases they(USCIS) may pretend that there are a requirements( depends from officer)
FP 3 weeks befor FP app-t, but mine EAD was ordered, as I've been informed by e-mail,
in a 4 days after FP was done.
So, even if Biometricals are not mandatory for EAD, but EAD Card has place for FP on it,
in some cases they(USCIS) may pretend that there are a requirements( depends from officer)
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roseball
02-28 04:33 PM
Can anybody please help in answering below questions on my case? I really appreciate your help. This is urgent for me.
#1: I am working for Company A (current company). My GC processing details (with current company):
1. Labor Approved.
2. I-140 Approved with priority date of Aug 2006 (Category -EB2)
3. I-485 - NOT filed
#2: I am on 6th year of H1-B. My current H1-B is valid till Jan 29, 2011 (less than 365 days from today).
I want to change job and join Company B (new company) for excellent offer and life long stability.
As per my understanding, for continuous H1-B extension & GC approval on existing priority date, I must stay with existing company(A). But attorney of new company(B) is saying he will be able to handle my H1-B extension and may be able to save my priority date also by filing new PERM & I-140. I am not sure whether attorney of new company(B) is correct or not. Can anybody please help in answering below questions?
Ques : If new company(B) transfers H1-B and USCIS will grant H1-B for 3 years based on approved I-140 with current company(A):
A. Can USCIS revokes extended period ( after Jan 29, 2011) if current company(A) revokes their approved I-140 before new company(B) gets approval of new PERM and I-140?
B. Can new company (B) start new PERM application during my extension period (after Jan 29, 2011)?
C. Can new company (B) transfer Priority date even if existing company(A) revokes their I-140?
A. Since the law is unclear, to be on the safe side, you can have the new company file H1 extension in premium processing and resign/leave the current employer only after extension is approved
B. Yes, new company can start a new PERM and port your earlier PD during I-140 process
C. PD can be ported even if old employer revokes I-140, provided the revocation was not due to fraud.
Also, I am sure all IV members would really appreciate if you could tell us the name of this company which is offering a life long stability..:-)
#1: I am working for Company A (current company). My GC processing details (with current company):
1. Labor Approved.
2. I-140 Approved with priority date of Aug 2006 (Category -EB2)
3. I-485 - NOT filed
#2: I am on 6th year of H1-B. My current H1-B is valid till Jan 29, 2011 (less than 365 days from today).
I want to change job and join Company B (new company) for excellent offer and life long stability.
As per my understanding, for continuous H1-B extension & GC approval on existing priority date, I must stay with existing company(A). But attorney of new company(B) is saying he will be able to handle my H1-B extension and may be able to save my priority date also by filing new PERM & I-140. I am not sure whether attorney of new company(B) is correct or not. Can anybody please help in answering below questions?
Ques : If new company(B) transfers H1-B and USCIS will grant H1-B for 3 years based on approved I-140 with current company(A):
A. Can USCIS revokes extended period ( after Jan 29, 2011) if current company(A) revokes their approved I-140 before new company(B) gets approval of new PERM and I-140?
B. Can new company (B) start new PERM application during my extension period (after Jan 29, 2011)?
C. Can new company (B) transfer Priority date even if existing company(A) revokes their I-140?
A. Since the law is unclear, to be on the safe side, you can have the new company file H1 extension in premium processing and resign/leave the current employer only after extension is approved
B. Yes, new company can start a new PERM and port your earlier PD during I-140 process
C. PD can be ported even if old employer revokes I-140, provided the revocation was not due to fraud.
Also, I am sure all IV members would really appreciate if you could tell us the name of this company which is offering a life long stability..:-)
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yabadaba
06-25 02:32 PM
ask the lawyer what he was thinking
GCDream
02-20 08:12 PM
Here is what I have after analyzing the FLC Data Center MDB files
>2001 May 8 = 504 Certified Labors
2002 = 79784 Certified Labors
2003 = 62912 Certified Labors
2004 = 43582 Certified Labors
Total: 186782 Certified Labors
The above data is for world
Let's say India is 25% of world and 75% of India is in EB3
This gives 186782 * 0.25 * 0.75 = 35022 for India from 2001 to 2004
Since the country of the alien is available for Perm, let's use it for 2005 and 2006
2005 India = 1350
2006 India = 22298
Total for India in 2005 and 2006 = 23648
Pending in BEC: 111000
Applying the same formula for India EB3: 111000 * 0.25 * 0.75 = 20812
Total for India in all years till Dec 2006 = 35022 + 23648 + 20812 = 79482
Let's say 20% labors are duplicate or deserted. This gives 79482 * 0.80 = 63586
Total for India in all years till Dec 2006 with Dependents = 63586 * 2.2 = 139889
Total EB3 visas for India in a year: 140000 * 0.07 * 0.286 = 2802
Without any Law:
139889/2802 = 50 Years
Assuming CIR passes with
1. Dependents not counted
2. EB visas increased from 140,000 to 650,000
3. Per country quota raised to 10%
4. Exempts advanced degree holders
Total EB3 India visas per year = 650,000 * 0.1 * 0.286 = 18590
Total for India in all years till Dec 2006 without dependents: 63586
Assuming 20% have advanced degree holders = 63586 * 0.2 = 12717
Total for India in all years till Dec 2006 without dependents and advanced degree holders
= 63586 - 12717 = 50869
For India EB3 Priority date to reach Dec 2006 = 50869/18590 = 2.7 Years
Conclusion
Without Law: 50 Years :confused:
With Law: 2.7 Years :D
>2001 May 8 = 504 Certified Labors
2002 = 79784 Certified Labors
2003 = 62912 Certified Labors
2004 = 43582 Certified Labors
Total: 186782 Certified Labors
The above data is for world
Let's say India is 25% of world and 75% of India is in EB3
This gives 186782 * 0.25 * 0.75 = 35022 for India from 2001 to 2004
Since the country of the alien is available for Perm, let's use it for 2005 and 2006
2005 India = 1350
2006 India = 22298
Total for India in 2005 and 2006 = 23648
Pending in BEC: 111000
Applying the same formula for India EB3: 111000 * 0.25 * 0.75 = 20812
Total for India in all years till Dec 2006 = 35022 + 23648 + 20812 = 79482
Let's say 20% labors are duplicate or deserted. This gives 79482 * 0.80 = 63586
Total for India in all years till Dec 2006 with Dependents = 63586 * 2.2 = 139889
Total EB3 visas for India in a year: 140000 * 0.07 * 0.286 = 2802
Without any Law:
139889/2802 = 50 Years
Assuming CIR passes with
1. Dependents not counted
2. EB visas increased from 140,000 to 650,000
3. Per country quota raised to 10%
4. Exempts advanced degree holders
Total EB3 India visas per year = 650,000 * 0.1 * 0.286 = 18590
Total for India in all years till Dec 2006 without dependents: 63586
Assuming 20% have advanced degree holders = 63586 * 0.2 = 12717
Total for India in all years till Dec 2006 without dependents and advanced degree holders
= 63586 - 12717 = 50869
For India EB3 Priority date to reach Dec 2006 = 50869/18590 = 2.7 Years
Conclusion
Without Law: 50 Years :confused:
With Law: 2.7 Years :D
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masti_Gai
10-27 08:07 AM
After the bi-specialization of centers for H1 and 140 approvals the processing times have increased. This is coz the applications from other centers like Nebraska and Texas are being transferred to California and Vermont.
Once they are all done with the backlogs of other centers they will maintain their goal of max six months to process any application.
so nuttin to worry unless ur application has passed six months. if it did so ask ur attorney to get in touch with the concerned processin center to enquire the reason for the delay.
Once they are all done with the backlogs of other centers they will maintain their goal of max six months to process any application.
so nuttin to worry unless ur application has passed six months. if it did so ask ur attorney to get in touch with the concerned processin center to enquire the reason for the delay.
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srsrsr
07-20 06:09 PM
My PD is Nov 2004, I got 140 approved. Im not filing 485 now as im unmarried.
Any ideas when can be the date current again(for my PD atleast)?
Any ideas when can be the date current again(for my PD atleast)?
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paskal
06-18 07:06 PM
please please stop reading the old bill
the new one is on the iv home page
or in thomas look at sa.1150 under the s.1358 bill
the new one is on the iv home page
or in thomas look at sa.1150 under the s.1358 bill
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d123
08-21 09:24 AM
Congratulations.
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gcwait2007
12-25 05:55 PM
Your PD does not have to be current (it changes from month to month), if it was current at some time in the past, that will be enough.
Fight for your rights!
Hello lazycis,
I have a quick question. Many of our PD were current in July 2007. If our names are stuck in FBI name check for 2 yrs, can we file for WoM? Please advise. Many of us are under the impression that the our PD dates have to be current at the time of WoM and our namecheck should be stuck at FBI atleast for 1 year during which the PD date is current. In other words, the PD date should be current over a period of 12 months at the time of filing WoM.
Q 2. Is there any limit countrywise, for issuing GC?
Thanks in advance.
Fight for your rights!
Hello lazycis,
I have a quick question. Many of our PD were current in July 2007. If our names are stuck in FBI name check for 2 yrs, can we file for WoM? Please advise. Many of us are under the impression that the our PD dates have to be current at the time of WoM and our namecheck should be stuck at FBI atleast for 1 year during which the PD date is current. In other words, the PD date should be current over a period of 12 months at the time of filing WoM.
Q 2. Is there any limit countrywise, for issuing GC?
Thanks in advance.
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snathan
04-22 08:24 PM
I am employeed in IT consultancy, and wants to change my employement as a permenent employee of the client.
When i told this to my employeer he is telling me that he can file a lawsuite against my Client(New Employeer) on the bases of Small Business Administantion laws, stated below
Although the contract does not specifically state that the client cannot hire the contractor (you) on a permanent job, it also does not state that the client can. Current Employeer comes under the category of the 'Small Business Administration' under the State and the Federal Governments. Both governments fully support the growth and looks after the interests of small businesses in the country. They have always done it and are even more supportive lately as a result of the struggle small businesses are undergoing in these bad economic times. I have been advised by the company attorney that I contracted you to the client purely on professional and ethical grounds for the benefit of Current Employeer business. If a giant company like Client just takes you away to their advantage, it may not be looked upon favorably by a small business court.
Below is what is in the contract between my Employeer and Client.
1. This agreement is for the sole purposes of providing the services of the Contractor�s employee XXX to (Client).
2. Contractor will be an independent contractor of Company and will work on a Client assignment.
3. Company will pay $XX.00 per hour to Contractor for all the hours of work and expenses approved by Client.
4. All time and expenses should be entered into client�s system and should be approved by the concerned manager or project manager.
5 Company will not pay contractor for any time and expenses not authorized and not approved by Client.
6. Contractor shall be solely responsible for the quality of work performed.
7. Payment terms shall be XX days net and will be made on a bi-weekly basis.
8. The start date and the length of assignment will be determined by Client, and Company shall let the Contractor know in writing before the date on which the consultant starts working for the Client.
9. Contractor reserves the right to offer consultant�s services to other clients until such time the Company and the Contractor executes this agreement as well as a project work order.
10. This is the only agreement between the Contractor and the Company. Changes can be made in writing only and have to be signed by both parties to be effective.
11. This agreement is subject to the laws of the State of Texas.
12. Either party can terminate this contract by giving 2 week�s written notice, via email or physical mail. The notifying party must obtain proof of delivery of such notification to the other party.
Can any one tell if there is any possibility of that
It seems he is trying to scare you...pay few hundered dollars to an attorney and check.
When i told this to my employeer he is telling me that he can file a lawsuite against my Client(New Employeer) on the bases of Small Business Administantion laws, stated below
Although the contract does not specifically state that the client cannot hire the contractor (you) on a permanent job, it also does not state that the client can. Current Employeer comes under the category of the 'Small Business Administration' under the State and the Federal Governments. Both governments fully support the growth and looks after the interests of small businesses in the country. They have always done it and are even more supportive lately as a result of the struggle small businesses are undergoing in these bad economic times. I have been advised by the company attorney that I contracted you to the client purely on professional and ethical grounds for the benefit of Current Employeer business. If a giant company like Client just takes you away to their advantage, it may not be looked upon favorably by a small business court.
Below is what is in the contract between my Employeer and Client.
1. This agreement is for the sole purposes of providing the services of the Contractor�s employee XXX to (Client).
2. Contractor will be an independent contractor of Company and will work on a Client assignment.
3. Company will pay $XX.00 per hour to Contractor for all the hours of work and expenses approved by Client.
4. All time and expenses should be entered into client�s system and should be approved by the concerned manager or project manager.
5 Company will not pay contractor for any time and expenses not authorized and not approved by Client.
6. Contractor shall be solely responsible for the quality of work performed.
7. Payment terms shall be XX days net and will be made on a bi-weekly basis.
8. The start date and the length of assignment will be determined by Client, and Company shall let the Contractor know in writing before the date on which the consultant starts working for the Client.
9. Contractor reserves the right to offer consultant�s services to other clients until such time the Company and the Contractor executes this agreement as well as a project work order.
10. This is the only agreement between the Contractor and the Company. Changes can be made in writing only and have to be signed by both parties to be effective.
11. This agreement is subject to the laws of the State of Texas.
12. Either party can terminate this contract by giving 2 week�s written notice, via email or physical mail. The notifying party must obtain proof of delivery of such notification to the other party.
Can any one tell if there is any possibility of that
It seems he is trying to scare you...pay few hundered dollars to an attorney and check.
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jfredr
06-12 10:24 AM
CIR has got nothing to do with ur visa at this point. this is my idea. better take our seniors advice here at IV
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zerozerozeven
04-10 03:36 PM
http://www.aila.org/content/default.aspx?docid=25173
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pappu
12-01 03:40 PM
I am not sure about the exact Business Analyst vs Programmer Analyst functions, but from my own experience, just make sure that your lawyer makes your job description very broad. It will help you not just in your process with the existing company but also if you were to change the job after 485.
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techbuyer77
07-20 07:13 AM
lawyer sent 3 tax returns no paystubs
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sledge_hammer
05-15 02:18 PM
At this time ONLY 30% of EB2 Indians have current PDs. I've asked this question before - don't you all think that maybe dates will not have to retrogress again? I mean, 30% is too low a percentage for triggering a backward movement of PD.
Any thoughts?
Any thoughts?
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arihant
10-26 11:52 AM
I got approval of H1 extension applied on Aug. 06...
Was this premium or regular processing?
Was this premium or regular processing?
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arunkotte
09-07 12:45 PM
I am in great need of some suggestions. I hold a MS degree in computer science and graduate in 2004 dec. Since then I have been with the same employer.
Now that he is filing for my LC. Is it difficult to get through with MS+0yrs of expereince ?
Also, at this point of time i have found other employers who is willing to do my GC in which case I will have MS+2 yrs of expereince.
Is it worth changing employer for gaining 2 yrs of expereince for my LC.
Does this really make my case more stronger ? or I am just OVER REACTING ? and doing unneccessary thing
DOES THE EXPEREINCE with MS makes it better for EB2 ?
Please let me know if there are some experts out there
It doesn't matter. I had my EB2 approved with MS+0. Just make sure the job description explicitly mentions MS with no further experience.
Now that he is filing for my LC. Is it difficult to get through with MS+0yrs of expereince ?
Also, at this point of time i have found other employers who is willing to do my GC in which case I will have MS+2 yrs of expereince.
Is it worth changing employer for gaining 2 yrs of expereince for my LC.
Does this really make my case more stronger ? or I am just OVER REACTING ? and doing unneccessary thing
DOES THE EXPEREINCE with MS makes it better for EB2 ?
Please let me know if there are some experts out there
It doesn't matter. I had my EB2 approved with MS+0. Just make sure the job description explicitly mentions MS with no further experience.
mchhokar
05-15 03:23 PM
Is it ok to file H1b while L1 is on appeal.. IS USCIS ok with this fact.. Filing the visas simultaneously under two categorie?
masterji
05-18 12:31 PM
If this passes this will be awesome for Ph.D. graduates.
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