validIV
03-20 05:25 PM
This pretty much guarantees H-1 for small businesses. With the already reduced number of H-1 applications, you are a shoe-in for H-1 if you apply this year from a small company.
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rego
04-22 11:43 AM
My Regular H1 Extension (8th Year) was approved in one week, in March.
texanguy
09-30 03:19 PM
there was a thread yesterday discussing this news. It is indeed welcome news. Atleast now USCIS should concentrate on FIFO approvals. There are just too many 2003/4/5 EB-2I applicants waiting in line when 2006 applicants got approved in a frenzy last couple of months...what a cruel joke! and for EB-3I, this news may reveal the total number of cases pending. Nobody seemed to know the accurate count...
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glus
08-10 09:49 AM
Hi,
I filed for I-485 in July 2007. At that time I had an out-of-status issue. I had discussed the option of going out of the country and re-enter(to have a clean slate) before filing with my lawyer, she suggested going to Canada was more riskier.
There was a delay in switching from L1 to H1B after H1B and a change of status was approved in Oct 2005. I switched to my H1B employer only on April 1st 2006. So probably was out of status for 182 days.
Is it a given that USCIS will find this issue?
I was reading about the 245(k) memo, that USCIS can forgive up to 180 days of 'out of status' since the last lawful entry.
I haven't gone out of the country since Jan 2005. So still had 182 days of 'out of status' when the 485 was filed.
I'm planning a trip outside of the country by end of October. My question is that, will my re-entry (using H1-B) and subsequent stay in correct status be good enough for 245(k) ?
Will my previous 182 days of 'out of status' will be erased and overlooked for 485 purposes?.
Or did I have to have a clean status at the time when 485 was filed? Re-entry and maintaining status after filing 485 does not count ??
Greatly Appreciate any reply.
Thanks!
245(k) can be used to adjust status if a person failed to maintain non-immigrant status for fewer than 181 DAYS since the LAST entry until 485 was FILED Re-entering and maintaining status after 485 was filed can not help currently pending 485. If a person was out of status for more than 180 days, the underlying 485 can't be approved, IF USCIS NOTICES this. ...The odds are USCIS will not notice this. Another way of going about this problem, would be to re-file 485 after re-entering U.S. on a dual intent visa and maintaining the status when your PD is current again. Such 485 would be then approvable. Hope this makes any sense.
I filed for I-485 in July 2007. At that time I had an out-of-status issue. I had discussed the option of going out of the country and re-enter(to have a clean slate) before filing with my lawyer, she suggested going to Canada was more riskier.
There was a delay in switching from L1 to H1B after H1B and a change of status was approved in Oct 2005. I switched to my H1B employer only on April 1st 2006. So probably was out of status for 182 days.
Is it a given that USCIS will find this issue?
I was reading about the 245(k) memo, that USCIS can forgive up to 180 days of 'out of status' since the last lawful entry.
I haven't gone out of the country since Jan 2005. So still had 182 days of 'out of status' when the 485 was filed.
I'm planning a trip outside of the country by end of October. My question is that, will my re-entry (using H1-B) and subsequent stay in correct status be good enough for 245(k) ?
Will my previous 182 days of 'out of status' will be erased and overlooked for 485 purposes?.
Or did I have to have a clean status at the time when 485 was filed? Re-entry and maintaining status after filing 485 does not count ??
Greatly Appreciate any reply.
Thanks!
245(k) can be used to adjust status if a person failed to maintain non-immigrant status for fewer than 181 DAYS since the LAST entry until 485 was FILED Re-entering and maintaining status after 485 was filed can not help currently pending 485. If a person was out of status for more than 180 days, the underlying 485 can't be approved, IF USCIS NOTICES this. ...The odds are USCIS will not notice this. Another way of going about this problem, would be to re-file 485 after re-entering U.S. on a dual intent visa and maintaining the status when your PD is current again. Such 485 would be then approvable. Hope this makes any sense.
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GCard_Dream
07-28 04:17 PM
Thank you for the very helpful information. This is exactly what I plan to do unless the IO at the port-of-entry specifically asks for the travel doc. I sure hope that it doesn't come to that because I don't want to use the travel doc.
When we have traveled to Matamoros, MX for stamping we had AP and H1/H4. On return we have used H1/H4. NO questions asked at the border check post.
When we have traveled to Matamoros, MX for stamping we had AP and H1/H4. On return we have used H1/H4. NO questions asked at the border check post.
varakur
08-10 07:24 PM
Hello everybody,
I just got my Labor done few days back. I am in India now, but looks like I have to file I140/485 before Aug 17th. For this, MUST I fly back immediately, or can I file from India (by couriering the required documents).
How will this work for my wife (who is on H4 now)?
If I only travel back to US, can I file for my wife too. Or I file it for myself, and file for my wife after Aug17th when she is back.
Or MUST my wife also be present in US to file the I140/485?
Pls advice.
thanks,
-Prasad
I just got my Labor done few days back. I am in India now, but looks like I have to file I140/485 before Aug 17th. For this, MUST I fly back immediately, or can I file from India (by couriering the required documents).
How will this work for my wife (who is on H4 now)?
If I only travel back to US, can I file for my wife too. Or I file it for myself, and file for my wife after Aug17th when she is back.
Or MUST my wife also be present in US to file the I140/485?
Pls advice.
thanks,
-Prasad
more...
sbabunle
01-04 03:55 PM
So we are over 8000 strong. Lets target 10,000 by Jan 15?
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tabaching
10-22 09:40 PM
Hello guys,
thanks for the reply.
But, my concern is I wasnt in the company's payroll for 5 months. If asked during the interview, what should I tell the IO?
Please advice.
thanks for the reply.
But, my concern is I wasnt in the company's payroll for 5 months. If asked during the interview, what should I tell the IO?
Please advice.
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GotFreedom?
03-23 01:33 AM
Dude, whats wrong with you picking on a spelling mistake while the guy is trying to convey the condolences? Its a tragedy and u managed to find humor in it.
My prayers are with the families who lost their loved ones.
you really want their souls to rest in "piece"? sorry could not resist it... ha ha ha...
My prayers are with the families who lost their loved ones.
you really want their souls to rest in "piece"? sorry could not resist it... ha ha ha...
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jonty_11
09-17 12:41 PM
It is one of the greatest rallying the tropos efforts I have seen. Lets march together shoulder to shoulder and demand equality and justice. It has been long overdue....
Please do whatever you can to attend teh rally if you are in the vicinity....!!
Please do whatever you can to attend teh rally if you are in the vicinity....!!
more...
chi_shark
12-03 02:13 PM
hope you are not talking about quixtar/amway or reliv business?
sorry to disappoint you... i dont have quixtar or amway and none you guys can be potential customers unless you are business people who need marketing help in the specific industry that i am in... so - no - i am not going to throw you a sales pitch if you respond with your wisdom...
sorry to disappoint you... i dont have quixtar or amway and none you guys can be potential customers unless you are business people who need marketing help in the specific industry that i am in... so - no - i am not going to throw you a sales pitch if you respond with your wisdom...
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morchu
05-04 04:25 PM
akelkar,
Your highlighted sentence is again for "grant the extension".
We are talking about "invalidation" of a granted extension.
Those are two different things.
And NO. the memo doesnt talk about that.
There is no specific law or interpretation available till today for "invalidation of an already granted extention" based on approved I140, even if the I140 itself gets revoked in future.
Hi Guys
Please read before giving your opinions: as per memo not my words:
USCIS is required to grant the extension of stay pursuant to �106(a) of AC21, in one-year increments, until such time as a final decision has been made to:
A. Deny the application for labor certification, or, if the labor certification is approved, to deny the EB immigrant petition that was filed pursuant to the approved labor certification;
B. Deny the EB immigrant petition, or
C. Grant or deny the alien�s application for an immigrant visa or for adjustment of status.
The operative words here being "UNTIL SUCH TIME" - which if I am not wrong means when the decision is reached.....so you DO NOT HAVE A VALID H1B IF 485 IS DENIED.
See links below for more data
http://ac21portability.com/modules/wflinks/
Your highlighted sentence is again for "grant the extension".
We are talking about "invalidation" of a granted extension.
Those are two different things.
And NO. the memo doesnt talk about that.
There is no specific law or interpretation available till today for "invalidation of an already granted extention" based on approved I140, even if the I140 itself gets revoked in future.
Hi Guys
Please read before giving your opinions: as per memo not my words:
USCIS is required to grant the extension of stay pursuant to �106(a) of AC21, in one-year increments, until such time as a final decision has been made to:
A. Deny the application for labor certification, or, if the labor certification is approved, to deny the EB immigrant petition that was filed pursuant to the approved labor certification;
B. Deny the EB immigrant petition, or
C. Grant or deny the alien�s application for an immigrant visa or for adjustment of status.
The operative words here being "UNTIL SUCH TIME" - which if I am not wrong means when the decision is reached.....so you DO NOT HAVE A VALID H1B IF 485 IS DENIED.
See links below for more data
http://ac21portability.com/modules/wflinks/
more...
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iv4gc
07-28 10:04 PM
Thanks for the info. Looks like I need to get Company B to recapture the PD of my earlier I140. This seems to be the best option. But I wonder if I go down this route, will it complicate and delay (significantly if I miss the window) the GC.
If you filed your I-485 in July, 2007 with the knowledge and consent of Company A, you are in order as GC is for future employment. It would appear you did so since they did not withdraw the I-140.
Having said, the only proper course of action is for you to go back to work for Company A after you obtain your GC.
If you would like to work for Company B after GC, you would have to file a change of employer right now (using AC21 provisions). Alternatively you may interfile the approved I-140 from employer B with your current application. You are entitled to keep the priority date on the I-140 of employer A so you should not be affected negatively.
If your lawyer is saying you could continue to work for employer B after GC without doing anything at this time, I would suggest you talk to another immigration attorney to hear a second opinion.
If you filed your I-485 in July, 2007 with the knowledge and consent of Company A, you are in order as GC is for future employment. It would appear you did so since they did not withdraw the I-140.
Having said, the only proper course of action is for you to go back to work for Company A after you obtain your GC.
If you would like to work for Company B after GC, you would have to file a change of employer right now (using AC21 provisions). Alternatively you may interfile the approved I-140 from employer B with your current application. You are entitled to keep the priority date on the I-140 of employer A so you should not be affected negatively.
If your lawyer is saying you could continue to work for employer B after GC without doing anything at this time, I would suggest you talk to another immigration attorney to hear a second opinion.
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gceverywhere
04-10 11:36 AM
This may be something that's already been addressed somewhere so my apologies in advance if that's the case
I'm getting ready to apply for my EAD extension. Should I be asking for/expecting one-year EAD or a Three-year EAD? Has the rule already been published by USCIS? Should my lawyer be doing something different from last time?
Another question is: Are we also going to get a 3-year AP?
I'm getting ready to apply for my EAD extension. Should I be asking for/expecting one-year EAD or a Three-year EAD? Has the rule already been published by USCIS? Should my lawyer be doing something different from last time?
Another question is: Are we also going to get a 3-year AP?
more...
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brij523
11-12 04:07 PM
Gurus,
I am on H1B in USA and now I am planning to set up a company in India. Will I be violating any laws by doing this.
Can I operate the company from USA and still get payed in India. My clients will be paying my company in India.
Will I have to pay taxes in USA.
Thank you for your time.
WOW. People ask so many questions!!
Here is the answer - If you stay more than 6 months in US, you will have to pay taxes exception will be only L1 VISA. But before you think of L1, read L1 Visa requirement rules.
Have fun.
I am on H1B in USA and now I am planning to set up a company in India. Will I be violating any laws by doing this.
Can I operate the company from USA and still get payed in India. My clients will be paying my company in India.
Will I have to pay taxes in USA.
Thank you for your time.
WOW. People ask so many questions!!
Here is the answer - If you stay more than 6 months in US, you will have to pay taxes exception will be only L1 VISA. But before you think of L1, read L1 Visa requirement rules.
Have fun.
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rpatel
08-14 03:38 PM
I went through the same ordeal about a year and a half ago. After unsuccessful attempts to buy it on my own through internet companies, I went to a good agent who got me a 20 year term life policy with a AAA rated company for about $220/year for a 500,000 coverage. Basically, I got the same rate an US citizen would get. I would advise you to go through an agent, they can do multiple quote and many are knowledgeable about H1 visas and the best thing is you don't pay any thing extra because the agents get their commission from the insurance companies. Hope this helps
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ArkBird
08-05 03:04 PM
Guys as gk_2000 said it does not apply to us
Log In (http://www.uscis.gov/portal/site/usc...0048f3d6a1RCRD)
Well in those cases the term "Long Term" does not apply because as per my understanding, the longest duration one can be on "Conditional Residency" is 2 years.
I think this is smart ploy by Lord Session. It hits multiple birds with one stone.
1. He can attract moderate republicans, centrist and independents by showing he cares for immigration. Election season is approaching!
2. Create in-fight between legal and illegal supporters.
3. Weaken CIR... Pleasing his base
Log In (http://www.uscis.gov/portal/site/usc...0048f3d6a1RCRD)
Well in those cases the term "Long Term" does not apply because as per my understanding, the longest duration one can be on "Conditional Residency" is 2 years.
I think this is smart ploy by Lord Session. It hits multiple birds with one stone.
1. He can attract moderate republicans, centrist and independents by showing he cares for immigration. Election season is approaching!
2. Create in-fight between legal and illegal supporters.
3. Weaken CIR... Pleasing his base
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smisachu
04-24 08:05 PM
Hi Guys,
Need some help. I have labor via PERM(EB2) and I-140 from my present employer. Labor was filed in December 2005. I had applied for Labor by RIR in Sep 2002 from my previous company which closed down in 2004. The old company's attorney has contacted me that the labor is approved. That labor was under EB3.
Both companies are engaged in similar operation, job profile now is more than previous company and both companies are in the same demographic area. Can I port my PD and retain EB2. If I can do that I can file I-485 now.
Any advice will be greately appriciated.:confused: :confused: :confused:
Need some help. I have labor via PERM(EB2) and I-140 from my present employer. Labor was filed in December 2005. I had applied for Labor by RIR in Sep 2002 from my previous company which closed down in 2004. The old company's attorney has contacted me that the labor is approved. That labor was under EB3.
Both companies are engaged in similar operation, job profile now is more than previous company and both companies are in the same demographic area. Can I port my PD and retain EB2. If I can do that I can file I-485 now.
Any advice will be greately appriciated.:confused: :confused: :confused:
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Sachin_Stock
02-04 08:23 PM
My question was VERY specific. And I am not in a mood to discuss the trivial information that the responder threw up. It irks me when someone starts giving unsolicited advices instead of answering the question that I had asked.
I am sorry, didn't mean to derail the topic, but my stand was clear.
I am sorry, didn't mean to derail the topic, but my stand was clear.
xyzqwer
01-22 02:47 PM
I'm planning on applying for a new H1B, but the quota is almost over and there is a risk that I might get rejected again since its the same employer.
I wanted to know if I should apply for CP while in India, since my priority date is current.
Anyone know the CP timeline and how long it would take to finally get the GC?
I wanted to know if I should apply for CP while in India, since my priority date is current.
Anyone know the CP timeline and how long it would take to finally get the GC?
smgms
07-01 10:21 AM
First of all thank you for your reply. Here is what happened with my case.
1. Two weeks back got FP notice for my wife. FP is scheduled for next week.
2. This week I received an RFE email for my case, still waiting for the actual Mail.
3. Next day received the email "Document Sent to Applicant" for my wife's case.
I used AC21 to change the employers. Can you guys let me know.
1. where the RFE mail will be sent, old lawyer, new lawyer or to me?
2. What do they mean by "document sent to applicant", which document are they talking about?
Thanks in advance for your help!!
1. Two weeks back got FP notice for my wife. FP is scheduled for next week.
2. This week I received an RFE email for my case, still waiting for the actual Mail.
3. Next day received the email "Document Sent to Applicant" for my wife's case.
I used AC21 to change the employers. Can you guys let me know.
1. where the RFE mail will be sent, old lawyer, new lawyer or to me?
2. What do they mean by "document sent to applicant", which document are they talking about?
Thanks in advance for your help!!
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