brij523
02-20 08:50 PM
Please don't miss the tomorrow teleconference.
Thanks
Thanks
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kaisersose
03-13 04:58 PM
This is the danger with a "green card shop" company. They constantly have people joining and leaving them. Not a problem for H-1b but a major problem with GC processing.
Here is an example with company X which has ability pay for up to 50 employees at any point.
X applies 30 I-140s in 2005 [less than 50]
X applies 25 I-140s in 2006, and 20 of the 2005 count have quit. Total employees are less than 50.
X applies 30 I-140s in 2007, and another 20 have quit. Total employees are less than 50.
One would think since they have less than 50 empoyees and ability to pay for 50 employees, they are safe. This will work for H-1b, but not for GCs.
Since GC is for future employment, the company is required to have the ability to pay all 85 employees after they become permanent residents. It does not matter if they have quit the company. The asumption is all 85 will be employed by X on GC approval and so X is expected to be able to pay all of them.
This is what has happened here. When such a problem comes up, then they can (and sometimes do) pull back previously approved 140s too.
Here is an example with company X which has ability pay for up to 50 employees at any point.
X applies 30 I-140s in 2005 [less than 50]
X applies 25 I-140s in 2006, and 20 of the 2005 count have quit. Total employees are less than 50.
X applies 30 I-140s in 2007, and another 20 have quit. Total employees are less than 50.
One would think since they have less than 50 empoyees and ability to pay for 50 employees, they are safe. This will work for H-1b, but not for GCs.
Since GC is for future employment, the company is required to have the ability to pay all 85 employees after they become permanent residents. It does not matter if they have quit the company. The asumption is all 85 will be employed by X on GC approval and so X is expected to be able to pay all of them.
This is what has happened here. When such a problem comes up, then they can (and sometimes do) pull back previously approved 140s too.
lostinbeta
11-16 09:26 PM
This is all in fun anyway :)
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permfiling
07-29 11:24 AM
Iv4gc,
yes, you will miss the window if dates retrogress but this is the safest approach as if you used company A's GC then u have to work for that company A after getting ur GC. You start applying to Company A for employment in the same job
yes, you will miss the window if dates retrogress but this is the safest approach as if you used company A's GC then u have to work for that company A after getting ur GC. You start applying to Company A for employment in the same job
more...
gcdreamer05
01-12 11:20 AM
Is there something we can do to avoid this PIMS delay.......
I have been trying to ask the attorney and even the free chat on IV but no one is giving a clear solution on how to avoid pims delay. :mad:
I too need to go for stamping and am delaying it just because of this pims delay.
I have been trying to ask the attorney and even the free chat on IV but no one is giving a clear solution on how to avoid pims delay. :mad:
I too need to go for stamping and am delaying it just because of this pims delay.
gatec77
07-18 05:19 PM
Since his i140 is approved he should be eligible for H1B 3 yrs extension. I think it does not matter even if has changed employer.
more...
martinvisalaw
09-10 12:13 PM
As far as I know - you are considered in a period of authorized stay as long as your petition for change of status/extension of stay is pending with the USCIS. You will begin to accrue unlawful presence from the day the petition is denied, if that were to happen. The lawyers on this forum can advise you better.
OP would only be authorized to stay in the US if the change of status (COS) was filed while she was still in status. Since her status expired last April, she has been out of status since then and filing the COS did not restore her status.
OP - you really should speak with another lawyer, to be safe. You should not be relying on advice on a free forum given the seriousness of your situation.
OP would only be authorized to stay in the US if the change of status (COS) was filed while she was still in status. Since her status expired last April, she has been out of status since then and filing the COS did not restore her status.
OP - you really should speak with another lawyer, to be safe. You should not be relying on advice on a free forum given the seriousness of your situation.
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solaris27
02-11 09:12 AM
don't worry be happy
more...
bslraju
09-13 05:48 PM
Came to USA in 2001 Feb. As many other stories, my old employer did file my labor on Jan 2006 on EB3 though i was eligible to file under EB2. I have 3 + 2 years in India.
Changed employer using EAD in 08.
Current company is doing porting to EB2.
Unlike before, Now USCIS rule is have MSc(Computers) after completing 3 year degree in india is no longer equal to US master degree
it should be eaither 4(engineering)+2 (masters) or 3(BS)+3(MCA/other)
thus its equivalent to US bachelors degree.
So my employer (big 17k employees) decided to file based on my exp.
Job description says "Bachelors degree (B.A) in related area and 4-6 years of experience
in the field or in a related area."
Will this be a problem as one of EB2 requirement is BS or equivalent US degree with 5 years of experience. But this job desc says its 4-6 years..
Changed employer using EAD in 08.
Current company is doing porting to EB2.
Unlike before, Now USCIS rule is have MSc(Computers) after completing 3 year degree in india is no longer equal to US master degree
it should be eaither 4(engineering)+2 (masters) or 3(BS)+3(MCA/other)
thus its equivalent to US bachelors degree.
So my employer (big 17k employees) decided to file based on my exp.
Job description says "Bachelors degree (B.A) in related area and 4-6 years of experience
in the field or in a related area."
Will this be a problem as one of EB2 requirement is BS or equivalent US degree with 5 years of experience. But this job desc says its 4-6 years..
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factoryman
06-19 12:57 PM
Yes, on stamp paper. . What will you ask next? A format for affidavit. Why pal, why are you doing this to me? What did I do? Why did you start another thread?
Here it is:
Sample Affidavit of Birth for Parents
AFFIDAVIT BY [Father's First Name] [Father's Last Name] and [Mother's First Name] [Mother's Last Name] (Mothers Maiden Name: Mother's Maiden Name)
Re: [Child's First Name] [Child's Last Name] (If child is married, list the following: (Child's Maiden Name: Child's Maiden Name))
We, [Father's First Name] [Father's Last Name] and [Mother's First Name] [Mother's Last Name], hereby depose and say:
Our full and complete address is [street address with apartment or house number, town/city, state, postal zip code].
That I, [Father's First Name] [Father's Last Name] was born on [date] in the town/city of [city], [country].
That I, [Mother's First Name] [Mother's Last Name] (Mother's Maiden Name: Mother's Maiden Name), was born on [date] in the town/city of [name of city], [country].
We married on [date of marriage] in the city of [name of city], [country].
We [Father's First Name] [Father's Last Name] and [Mother's First Name] [Mother's Last Name] had the following children:
a. [Child’s First Name] [Child's Last Name] (If child is married list the following: (Child's Maiden Name: Child's Maiden Name) born on [date]; and
b. [list all of the other children, if applicable].
[Child's First Name] [Child's Last Name] was born in [name of city], [country].
This affidavit is being submitted because [CHOOSE ONE] there is no official record of birth [OR} the official record of birth is incomplete concerning [Child's First Name] [Child's Last Name].
We declare under penalty of perjury, that the foregoing is a true and correct statement.
_________________________
[Father's First Name] [Father's Last Name] and signature
_________________________
[Mother's First Name] [Mother's Last Name] and signature
Subscribed and Sworn to before
Me, this ____ day of __________,
[YEAR] at ______________________.
Sample Affidavit of Birth for Close Relative
AFFIDAVIT BY [Close Relative's First Name] [Close Relative's Last Name]
Re: [Applicant's First Name] [Applicant's Last Name] (If child is married, list the following: (Applicant's Maiden Name: Applicant's Maiden Name))
I, [Close Relative's First Name] [Close Relative's Last Name], hereby depose and say:
That I, [Close Relative's First Name] [Close Relative's Last Name], was born on [date] in the town/city of [City], [Country].
My full and complete address is [street address with apartment or house number, town/city, state, postal zip code].
That I am closely related to [Applicant's First Name] [Applicant's Last Name]. I am his/her [fill in: uncle, aunt, grandparent, etc.]
That [Applicant's First Name] [Applicant's Last Name] was born on [date] in [name of city], [country] to [Mother's First Name] [Mother's Last Name] and [Father's First Name] [Father's Last Name].
That I have direct personal knowledge of the event and circumstances concerning the birth of [Applicant's First Name] [Applicant's Last Name] because [state how you are aware of the birth or birth date].
That I have known the applicant since [month/year].
This affidavit is being submitted because [CHOOSE ONE] there is no official record of birth [OR} the official record of birth is incomplete concerning [Applicant's First Name] [Applicant's Last Name].
I declare under penalty of perjury, that the foregoing is a true and correct statement.
_________________________
[Close Relative's First Name] [Close Relative's Last Name] and signature
Subscribed and Sworn to before
Me, this ____ day of __________,
[YEAR] at ______________________.
Here is another version:
SAMPLE AFFIDAVIT OF BIRTH
Preliminary Instructions:
-Please keep in mind that the Beneficiary is the person whose birth is being proven (i.e. the person who has filed or will be filing an I-485).
-The Affiant is the person who affirming that the birth did occur and is the person who will be signing this document. The Affiant should have been an adult (over 18 years of age) at the time that the event (e.g. Birth) occurred.
-You should spell out all dates. You should never list the dates with just numbers. For instance, you should list “March 1, 1970”, not 3-1-70 or 1-3-70.
-The Affidavit ought to be certified or notarized.
AFFIDAVIT OF __________________ (Affiant's Name)
I, ____________________, a citizen of _____________ and currently
residing in __________ do hereby
State that the following is true and accurate to the best of my knowledge:
1. I am the _________ of ___________ (Identify the Relationship, e.g. “I am the Grandfather of Mr. Beneficiary”)
2. I was born on __________ (List Affiant's date of Birth. This will prove that the Affiant was an adult at the time that the event took place) in ____________ (list city, country) and I know of his/her birth because of my relationship to him/her.
3. In ______________ (Month/Year) I was living in ________________ (Town where Beneficiary was Born)
4. __________________(Beneficiary) was born on ___________________ in _________________ and I know of his/her birth because of my relationship to him/her.
5. ______________________(Beneficiary) was born to _____________________________(Father's
name) and _____________________ (Mother's name).
Note: Choose either Number 6a or 6b below depending upon whichever is relevant to your case.
6a. I hereby attest to the fact that birth records for individuals born during this time are difficult if not impossible to obtain and that a birth certificate was not issued to ___________ (Beneficiary) on his/her birth.
6b. I hereby certify that the birth certificate for ______________(Beneficiary) does not mention his/her name because it was not customary at that time to include the child's name on the birth certificate.
Dated: ________________________
__________________________________
(Affiant's Name)
Sworn to and signed before me this ____________ day of ____________, _______________. (List Month and Year)
______________________________
Certifying Official/Notary Public
NOW DO YOU WANT THE GUIDELINES FORM THE FOREIGN MANUAL, that I posted in another big thread.
Does the affidavit for Birth be on Stamp paper?? All those who have obtained affidavits, please advise.
Thanks.
Here it is:
Sample Affidavit of Birth for Parents
AFFIDAVIT BY [Father's First Name] [Father's Last Name] and [Mother's First Name] [Mother's Last Name] (Mothers Maiden Name: Mother's Maiden Name)
Re: [Child's First Name] [Child's Last Name] (If child is married, list the following: (Child's Maiden Name: Child's Maiden Name))
We, [Father's First Name] [Father's Last Name] and [Mother's First Name] [Mother's Last Name], hereby depose and say:
Our full and complete address is [street address with apartment or house number, town/city, state, postal zip code].
That I, [Father's First Name] [Father's Last Name] was born on [date] in the town/city of [city], [country].
That I, [Mother's First Name] [Mother's Last Name] (Mother's Maiden Name: Mother's Maiden Name), was born on [date] in the town/city of [name of city], [country].
We married on [date of marriage] in the city of [name of city], [country].
We [Father's First Name] [Father's Last Name] and [Mother's First Name] [Mother's Last Name] had the following children:
a. [Child’s First Name] [Child's Last Name] (If child is married list the following: (Child's Maiden Name: Child's Maiden Name) born on [date]; and
b. [list all of the other children, if applicable].
[Child's First Name] [Child's Last Name] was born in [name of city], [country].
This affidavit is being submitted because [CHOOSE ONE] there is no official record of birth [OR} the official record of birth is incomplete concerning [Child's First Name] [Child's Last Name].
We declare under penalty of perjury, that the foregoing is a true and correct statement.
_________________________
[Father's First Name] [Father's Last Name] and signature
_________________________
[Mother's First Name] [Mother's Last Name] and signature
Subscribed and Sworn to before
Me, this ____ day of __________,
[YEAR] at ______________________.
Sample Affidavit of Birth for Close Relative
AFFIDAVIT BY [Close Relative's First Name] [Close Relative's Last Name]
Re: [Applicant's First Name] [Applicant's Last Name] (If child is married, list the following: (Applicant's Maiden Name: Applicant's Maiden Name))
I, [Close Relative's First Name] [Close Relative's Last Name], hereby depose and say:
That I, [Close Relative's First Name] [Close Relative's Last Name], was born on [date] in the town/city of [City], [Country].
My full and complete address is [street address with apartment or house number, town/city, state, postal zip code].
That I am closely related to [Applicant's First Name] [Applicant's Last Name]. I am his/her [fill in: uncle, aunt, grandparent, etc.]
That [Applicant's First Name] [Applicant's Last Name] was born on [date] in [name of city], [country] to [Mother's First Name] [Mother's Last Name] and [Father's First Name] [Father's Last Name].
That I have direct personal knowledge of the event and circumstances concerning the birth of [Applicant's First Name] [Applicant's Last Name] because [state how you are aware of the birth or birth date].
That I have known the applicant since [month/year].
This affidavit is being submitted because [CHOOSE ONE] there is no official record of birth [OR} the official record of birth is incomplete concerning [Applicant's First Name] [Applicant's Last Name].
I declare under penalty of perjury, that the foregoing is a true and correct statement.
_________________________
[Close Relative's First Name] [Close Relative's Last Name] and signature
Subscribed and Sworn to before
Me, this ____ day of __________,
[YEAR] at ______________________.
Here is another version:
SAMPLE AFFIDAVIT OF BIRTH
Preliminary Instructions:
-Please keep in mind that the Beneficiary is the person whose birth is being proven (i.e. the person who has filed or will be filing an I-485).
-The Affiant is the person who affirming that the birth did occur and is the person who will be signing this document. The Affiant should have been an adult (over 18 years of age) at the time that the event (e.g. Birth) occurred.
-You should spell out all dates. You should never list the dates with just numbers. For instance, you should list “March 1, 1970”, not 3-1-70 or 1-3-70.
-The Affidavit ought to be certified or notarized.
AFFIDAVIT OF __________________ (Affiant's Name)
I, ____________________, a citizen of _____________ and currently
residing in __________ do hereby
State that the following is true and accurate to the best of my knowledge:
1. I am the _________ of ___________ (Identify the Relationship, e.g. “I am the Grandfather of Mr. Beneficiary”)
2. I was born on __________ (List Affiant's date of Birth. This will prove that the Affiant was an adult at the time that the event took place) in ____________ (list city, country) and I know of his/her birth because of my relationship to him/her.
3. In ______________ (Month/Year) I was living in ________________ (Town where Beneficiary was Born)
4. __________________(Beneficiary) was born on ___________________ in _________________ and I know of his/her birth because of my relationship to him/her.
5. ______________________(Beneficiary) was born to _____________________________(Father's
name) and _____________________ (Mother's name).
Note: Choose either Number 6a or 6b below depending upon whichever is relevant to your case.
6a. I hereby attest to the fact that birth records for individuals born during this time are difficult if not impossible to obtain and that a birth certificate was not issued to ___________ (Beneficiary) on his/her birth.
6b. I hereby certify that the birth certificate for ______________(Beneficiary) does not mention his/her name because it was not customary at that time to include the child's name on the birth certificate.
Dated: ________________________
__________________________________
(Affiant's Name)
Sworn to and signed before me this ____________ day of ____________, _______________. (List Month and Year)
______________________________
Certifying Official/Notary Public
NOW DO YOU WANT THE GUIDELINES FORM THE FOREIGN MANUAL, that I posted in another big thread.
Does the affidavit for Birth be on Stamp paper?? All those who have obtained affidavits, please advise.
Thanks.
more...
ram_nara303
01-08 01:53 PM
I was in the same situation where I came on B1 and then moved to H1 after a years wait here. Ultimately got my EAD and AP. Still i was reluctant to travel down to INdia, but had to do to attend a marriage of my wife's brother. So finally after 8 yrs, I went to India and I took all necessary documentation including AP, 485 receipt, H1 approval notice, paystubs. Getting through IAD was a breeze and did not take more than 10 minutes. So don't worry and as long as your AP is valid, you should not worry much.
:)
:)
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kprgroup
11-25 11:28 AM
so r u on EAD or H1B? wondering if you were able to continue working on EAD.
its a gray area and even lawyers are not sure 100%.
Also,
1. How long does it take to find MTR?
2. What documents are needed?
3. Did you informed CIS about job change?
My 485 got denied Oct14th as my previous employer withdrawn approved 140. I changed employer after 1year of 485 pending. I (Lawyer) filed MTR on NOV 6th. Got mtr granted yesterday.PM me if you need more details
its a gray area and even lawyers are not sure 100%.
Also,
1. How long does it take to find MTR?
2. What documents are needed?
3. Did you informed CIS about job change?
My 485 got denied Oct14th as my previous employer withdrawn approved 140. I changed employer after 1year of 485 pending. I (Lawyer) filed MTR on NOV 6th. Got mtr granted yesterday.PM me if you need more details
more...
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Dhundhun
07-13 10:23 PM
Hi Everyone,
Is it really necessary to inform USCIS of change of address.
Do mails,notifications or cards from USCIS get forwarded to the new ADDRESS like all other mails.
Will appreciate your views.
Mails from USCIS are not forwarded. They are returned back to USCIS.
Is it really necessary to inform USCIS of change of address.
Do mails,notifications or cards from USCIS get forwarded to the new ADDRESS like all other mails.
Will appreciate your views.
Mails from USCIS are not forwarded. They are returned back to USCIS.
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Leo
07-16 12:36 PM
This means that an officer is looking on your file and probably take a decision on it. Whats ur priority date?
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ramaonline
03-23 06:11 PM
Income from websites is usually considered as passive investment (something similar to investing in stocks etc) This is legally allowed on H1B
You must report all income earned while filing ur taxes
Please confirm with an immig attorney
You must report all income earned while filing ur taxes
Please confirm with an immig attorney
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Templarian
08-19 10:04 AM
^Good Idea
First Attempt (hopefully someone with better detail can make it look nice):
http://img393.imageshack.us/img393/8536/orlysr5.gif
First Attempt (hopefully someone with better detail can make it look nice):
http://img393.imageshack.us/img393/8536/orlysr5.gif
more...
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needhelp!
03-12 11:06 AM
Surely we know each other then!! :)
I personally know Sandeep from his BE/Work days.
Good job.. Yeah!
I personally know Sandeep from his BE/Work days.
Good job.. Yeah!
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andycool
12-28 10:10 AM
Hi all...thanks for taking the time to help me out...URGENTLY need advice based on your knowledge or experience...
I'm scheduled to travel to Mumbai via Amsterdam tomorrow morning. I just noticed that my I-94 card is missing (was stapled to my valid H1-B visa). My H1-B visa is valid until August 2011 and I have the original I-797A Notice of Action.
My questions are: (1) Will I be allowed to board the plane going from US to India? What should I say to the airline officer who asks for my I-94 card? , and
(2) Will I have any issues returning back to US? What precautions should I be taking to guard against this?
PS I did some initial research and do not have the time to I-102 since I'm supposed to catch a flight tomorrow.
Any information in the next 12-24 hours would be greatly appreciated.
Thanks all, Vick
Bookmark and Share
Do you still have the I 94 which came with I 797A ?? if you have that just give that i 94
Thanks
I'm scheduled to travel to Mumbai via Amsterdam tomorrow morning. I just noticed that my I-94 card is missing (was stapled to my valid H1-B visa). My H1-B visa is valid until August 2011 and I have the original I-797A Notice of Action.
My questions are: (1) Will I be allowed to board the plane going from US to India? What should I say to the airline officer who asks for my I-94 card? , and
(2) Will I have any issues returning back to US? What precautions should I be taking to guard against this?
PS I did some initial research and do not have the time to I-102 since I'm supposed to catch a flight tomorrow.
Any information in the next 12-24 hours would be greatly appreciated.
Thanks all, Vick
Bookmark and Share
Do you still have the I 94 which came with I 797A ?? if you have that just give that i 94
Thanks
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jambapamba
08-08 09:39 AM
I believe signatures on 485/131/765/140... forms are far more important than on G28's.
priderock
03-26 02:25 PM
Interesting that no one earns less than $75 K. A slap in the face for Lou(sy) Dobbs (Jack A$$)who always refers us as CHEAP labour.
gc_nebraska
01-08 11:53 AM
Hi Guys this is my first post and my problem is kind of weird , I entered in the US in 2001 on B1 visa and immediately converted it F1 while I was on F1 I got a job offer and
I then converted to H1 didn't graduate and now am on EAD/AP (never traveled since I entered the country i.e. almost close 8 yrs ) and never out of status, my question Gurus :
1) Can I travel on AP ? Will I have problems at port of entry ( currently I just have my B1 visa stamp and nothing else).
2) Or do you'll think I'll hold on until I get my 1-485 is approved ?
3) recently we were blessed with a baby who was born in the US , do you'll think that would carry some weight when I talk to an IO?(port of entry)
Gurus ! Please suggest I know my story is kind of weird but I have a wedding in March. Your humble opinion is needed please.
I then converted to H1 didn't graduate and now am on EAD/AP (never traveled since I entered the country i.e. almost close 8 yrs ) and never out of status, my question Gurus :
1) Can I travel on AP ? Will I have problems at port of entry ( currently I just have my B1 visa stamp and nothing else).
2) Or do you'll think I'll hold on until I get my 1-485 is approved ?
3) recently we were blessed with a baby who was born in the US , do you'll think that would carry some weight when I talk to an IO?(port of entry)
Gurus ! Please suggest I know my story is kind of weird but I have a wedding in March. Your humble opinion is needed please.
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