i_have_a_dream
08-10 11:21 AM
I currently work in a big IT consulting firm (company A) thru H1. My uncle owns a very small (less than 100 ppl) consulting shop (company B). I want to join his company, but i dont want to transfer my h1 since B is small and there is lot more job stability in company A. So B is willing to sponsor future employment GC for me.
I will be joining company B in the same job desc as im working in company A. As it looks right now, I might have to take a small cut in salary to join company B, however im sure that salary difference will be a lot more once it gets to the 485 stages.
What do you think are the risks as compared to having a GC sponsored through a company where u already hold a H1? I understand that my intention to join might become an issue because of the salary issue, but wouldn't that be the case even if i filed for Company A, since company A would file a LC based on current wage and by the time of 485, I will be making a lot more.
I will be joining company B in the same job desc as im working in company A. As it looks right now, I might have to take a small cut in salary to join company B, however im sure that salary difference will be a lot more once it gets to the 485 stages.
What do you think are the risks as compared to having a GC sponsored through a company where u already hold a H1? I understand that my intention to join might become an issue because of the salary issue, but wouldn't that be the case even if i filed for Company A, since company A would file a LC based on current wage and by the time of 485, I will be making a lot more.
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flyingmonkey456
06-30 02:46 AM
i'll pay you 10 bucks to eat it :P
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09-28 04:18 PM
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fromnaija
11-16 01:09 PM
Even if your status changed to H1 in October 2004 and you started working in November 2004 for a second employer following approval for that employer, I would say it is just 30days and would not be an issue in future GC application. Don't worry about it.
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apriti
10-04 12:11 PM
Hi,
I have been on h1 for 7 yrs in the US and i am leaving back to my home country (India) as it is expiring this month. I plan to come back and start working for my current company next yr.
Now can they Process my new H1 in April next yr(6 months from now) or they have to wait till OCT 2007 to process my new h1. I am afraid the next yr quota will be over if they have to wait till OCT.
I have been on h1 for 7 yrs in the US and i am leaving back to my home country (India) as it is expiring this month. I plan to come back and start working for my current company next yr.
Now can they Process my new H1 in April next yr(6 months from now) or they have to wait till OCT 2007 to process my new h1. I am afraid the next yr quota will be over if they have to wait till OCT.
WithoutGCAmigo
07-12 11:51 AM
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tampacoolie
06-27 06:51 PM
I completed my medicals on 06/25/07. I am getting my I-693 from doctor tomorrow.
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ushkand
07-23 10:20 PM
WOW! they'll accept applications without medical examinations. Wish I had known that before sending my second app. :( Seems like USCIS is more forgiving this time around - you think the flowers had something to do with it?;)
Hope they treat my G-325 oversight the same way and issue an RFE instead of outright rejecting the application. (Fingers crossed)
Hope they treat my G-325 oversight the same way and issue an RFE instead of outright rejecting the application. (Fingers crossed)
more...
jijiewang
02-08 09:10 AM
Hi attorney,
I know the question sounds weird.
My husband applied EB2 in 2007. 140 approved and 485 pending. But then we came back to our home country because of layoff. We carried AP but now AP is expiring in 3 weeks. I know after AP goes expired, our 485 will be considered abandoned.
I heard that PD is still ours even in the case of abandonment of 485. So, I still hope that some day we can come back to US to re-do the green card application. My question is, once PD becomes current, how long will the window to submit 485 be open for us?
Thanks.
Jijie
I know the question sounds weird.
My husband applied EB2 in 2007. 140 approved and 485 pending. But then we came back to our home country because of layoff. We carried AP but now AP is expiring in 3 weeks. I know after AP goes expired, our 485 will be considered abandoned.
I heard that PD is still ours even in the case of abandonment of 485. So, I still hope that some day we can come back to US to re-do the green card application. My question is, once PD becomes current, how long will the window to submit 485 be open for us?
Thanks.
Jijie
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Blog Feeds
01-09 02:20 PM
AILA Leadership Has Just Posted the Following:
Today the Immigration Policy Center (http://www.immigrationpolicy.org/) of the American Immigration Council, (http://www.americanimmigrationcouncil.org/) along with the Center for American Progress (http://www.americanprogress.org/)issued a report confirming what many people of rationale mind (including the vast majority of Americans) already knew--It would be an economic disaster to deport 12 million people. The loss of this vital economic element would cause a loss to the U.S. Economy of over 2 TRILLION dollars over the next 10 years. Hey, I think that is real money!
Raising The Floor For American Workers (http://www.immigrationpolicy.org/sites/default/files/docs/Hinojosa%20-%20Raising%20the%20Floor%20for%20American%20Worker s%20010710.pdf), written by UCLA Professor Dr. Ra�l Hinojosa-Ojeda, highlights the economic reality of the the undocumented population in the United States, how tied in they are to the economic engine of the United States, and what an economic nightmare we, as Americans, would deal with if we followed the failed deportation-only policies advocated by immigration restrictionists.
More importantly, Dr. Hinojosa-Ojeda found that not only is a comprehensive reform of our immigration laws (involving BOTH a legalization component AND a an actual workable immigrant visa plan) an economic necessity, it will actually raise the wage floor for all American workers. Frankly, its about time someone looked at the numbers here and ran verifiable scenarios, and did not just play around with easily manipulable census data.
Now, do you think anyone in Congress will read this? Will it change any minds? Ultimately, it is only us, those that understand the human cost of bad immigration policies, that can convince people reluctant to fix our broken immigration system on humanitarian grounds, that it is in our own ECONOMIC interest to makes these necessary changes. Let's get to it.https://blogger.googleusercontent.com/tracker/186823568153827945-2183881679788051590?l=ailaleadership.blogspot.com
More... (http://ailaleadership.blogspot.com/2010/01/immigration-reform-maybe-it-is-about.html)
Today the Immigration Policy Center (http://www.immigrationpolicy.org/) of the American Immigration Council, (http://www.americanimmigrationcouncil.org/) along with the Center for American Progress (http://www.americanprogress.org/)issued a report confirming what many people of rationale mind (including the vast majority of Americans) already knew--It would be an economic disaster to deport 12 million people. The loss of this vital economic element would cause a loss to the U.S. Economy of over 2 TRILLION dollars over the next 10 years. Hey, I think that is real money!
Raising The Floor For American Workers (http://www.immigrationpolicy.org/sites/default/files/docs/Hinojosa%20-%20Raising%20the%20Floor%20for%20American%20Worker s%20010710.pdf), written by UCLA Professor Dr. Ra�l Hinojosa-Ojeda, highlights the economic reality of the the undocumented population in the United States, how tied in they are to the economic engine of the United States, and what an economic nightmare we, as Americans, would deal with if we followed the failed deportation-only policies advocated by immigration restrictionists.
More importantly, Dr. Hinojosa-Ojeda found that not only is a comprehensive reform of our immigration laws (involving BOTH a legalization component AND a an actual workable immigrant visa plan) an economic necessity, it will actually raise the wage floor for all American workers. Frankly, its about time someone looked at the numbers here and ran verifiable scenarios, and did not just play around with easily manipulable census data.
Now, do you think anyone in Congress will read this? Will it change any minds? Ultimately, it is only us, those that understand the human cost of bad immigration policies, that can convince people reluctant to fix our broken immigration system on humanitarian grounds, that it is in our own ECONOMIC interest to makes these necessary changes. Let's get to it.https://blogger.googleusercontent.com/tracker/186823568153827945-2183881679788051590?l=ailaleadership.blogspot.com
More... (http://ailaleadership.blogspot.com/2010/01/immigration-reform-maybe-it-is-about.html)
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ChangeIsNeeded
08-25 01:45 PM
Hi! I hope this is the right place to post this. If not, can you please tell me where it should be posted?
We are caught in a terrible comedy of errors, but unfortunately it is not funny all.
My husband is from Turkey, and was/is here on an F-1 visa. To make a long story short, we filed our I-485 & I-130 applications shortly after we were married. Months after this, deportation proceedings were (wrongfully) initiated against my husband.
While we were waiting for our court date to have the deportation proceedings terminated, USCIS at the NBC denied my husband's I-485 for the sole reason that there were deportation proceedings against him.
The deportation proceedings were terminated with a note on the paperwork from the judge that the charges were wrongfully initiated. The judge asked the Federal attorney to ask CIS to help us in NY, but NY office advised they can't do anything since this decision was made in Missouri.
At this point, my husband has not been able to work (work document denied also, of course), the government has cost us $1,000s of $$ in attorneys, and we do not have money to pay them their almost $1,000 to start the I-485 process over again. We need our original case reopened and approved.
Oh, and before deportation proceedings were terminated, but after the I-485 was denied, we passed a Stokes Interview which was requested through my I-130 due to the deportation proceedings. My I-130 has been approved.
We have filed an I-230-B for appeal, but without the fee. So we have no receipt letter nor case #. We have been told by our lawyer that we need to get the help our our U.S. Representative, Anthony Wiener. However, a friend of mine, who helps immigrants in another state, told me we need to work through our senator, Chuck Schumer's office.
Is there any advice on working through a representative's or a senator's office to re-open/ investigate a case.... which is more effective, faster, etc?
Is there anything else we can do on our own or have our attorney do?
Right now, I'm fed up with our lawyer, and do not feel we are getting enough information from him, or perhaps he is not qualified to answer my questions; so I am seeking other advice.
Any advice is welcome.
Thank you!!
Smile and have a wonderful day!
We are caught in a terrible comedy of errors, but unfortunately it is not funny all.
My husband is from Turkey, and was/is here on an F-1 visa. To make a long story short, we filed our I-485 & I-130 applications shortly after we were married. Months after this, deportation proceedings were (wrongfully) initiated against my husband.
While we were waiting for our court date to have the deportation proceedings terminated, USCIS at the NBC denied my husband's I-485 for the sole reason that there were deportation proceedings against him.
The deportation proceedings were terminated with a note on the paperwork from the judge that the charges were wrongfully initiated. The judge asked the Federal attorney to ask CIS to help us in NY, but NY office advised they can't do anything since this decision was made in Missouri.
At this point, my husband has not been able to work (work document denied also, of course), the government has cost us $1,000s of $$ in attorneys, and we do not have money to pay them their almost $1,000 to start the I-485 process over again. We need our original case reopened and approved.
Oh, and before deportation proceedings were terminated, but after the I-485 was denied, we passed a Stokes Interview which was requested through my I-130 due to the deportation proceedings. My I-130 has been approved.
We have filed an I-230-B for appeal, but without the fee. So we have no receipt letter nor case #. We have been told by our lawyer that we need to get the help our our U.S. Representative, Anthony Wiener. However, a friend of mine, who helps immigrants in another state, told me we need to work through our senator, Chuck Schumer's office.
Is there any advice on working through a representative's or a senator's office to re-open/ investigate a case.... which is more effective, faster, etc?
Is there anything else we can do on our own or have our attorney do?
Right now, I'm fed up with our lawyer, and do not feel we are getting enough information from him, or perhaps he is not qualified to answer my questions; so I am seeking other advice.
Any advice is welcome.
Thank you!!
Smile and have a wonderful day!
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Blog Feeds
12-19 01:00 PM
Immigration Visa Attorney Blog Has Just Posted the Following:
Jon and Kate Plus 8, the once-popular TLC reality program about the Gosselin family, their twins and their sextuplets is kaput. But that's old news. Today, the Gosselins officially closed the chapter on their 10 year marriage with the announcement their divorce becoming final.
Divorce is always difficult. Kate says she looks forward to her future. No word from Jon...yet. For the Gosselins, they can and should move on.
But what if Jon or Kate were immigrants? What if Jon or Kate faced deportation because their marriage failed? If Jon or Kate had been granted a greencard based on their marriage, what would happen to them once their marriage ended?
This is an immigration concept called conditional residency. We represent many individuals who apply for permanent residency through their marriage to a US citizen. These are usually great cases because we are helping happy new couples stay together, and "move forward" in their lives. But what happens if the happy couple separates or divorces? In the worst scenario, USCIS will revoke or terminate the foreign spouse's conditional residency, leaving the spouse vulnerable to deportation proceedings, standing alone and at best, with competent immigration counsel at his/her side.
In revoking conditional residency and initiating deportation proceedings, USCIS looks into the nitty gritty details of what happened in that marriage, was the marriage entered into for the immigration benefit rather than purely for love? Who's fault was it that the marriage ended? And could you (the foreign national) prove it? Imagine the reality show going behind the scenes to investigate, whether it was Kate's nagging that led to the failure of the marriage, or whether Jon's alleged affairs were the actual cause of the breakup and divorce. And would you feel comfortable knowing that USCIS is your final arbiter? If you married, got conditional residency and are now in divorce proceedings or separated from your spouse, think about calling Fong & Chun, LLP for a free consultation. ---ecf
More... (http://www.immigrationvisaattorneyblog.com/2009/12/jon-and-kate-divorce-is-final.html)
Jon and Kate Plus 8, the once-popular TLC reality program about the Gosselin family, their twins and their sextuplets is kaput. But that's old news. Today, the Gosselins officially closed the chapter on their 10 year marriage with the announcement their divorce becoming final.
Divorce is always difficult. Kate says she looks forward to her future. No word from Jon...yet. For the Gosselins, they can and should move on.
But what if Jon or Kate were immigrants? What if Jon or Kate faced deportation because their marriage failed? If Jon or Kate had been granted a greencard based on their marriage, what would happen to them once their marriage ended?
This is an immigration concept called conditional residency. We represent many individuals who apply for permanent residency through their marriage to a US citizen. These are usually great cases because we are helping happy new couples stay together, and "move forward" in their lives. But what happens if the happy couple separates or divorces? In the worst scenario, USCIS will revoke or terminate the foreign spouse's conditional residency, leaving the spouse vulnerable to deportation proceedings, standing alone and at best, with competent immigration counsel at his/her side.
In revoking conditional residency and initiating deportation proceedings, USCIS looks into the nitty gritty details of what happened in that marriage, was the marriage entered into for the immigration benefit rather than purely for love? Who's fault was it that the marriage ended? And could you (the foreign national) prove it? Imagine the reality show going behind the scenes to investigate, whether it was Kate's nagging that led to the failure of the marriage, or whether Jon's alleged affairs were the actual cause of the breakup and divorce. And would you feel comfortable knowing that USCIS is your final arbiter? If you married, got conditional residency and are now in divorce proceedings or separated from your spouse, think about calling Fong & Chun, LLP for a free consultation. ---ecf
More... (http://www.immigrationvisaattorneyblog.com/2009/12/jon-and-kate-divorce-is-final.html)
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WaitingUnlimited
01-20 12:51 PM
I think you should be honest and mention the details correctly.
Your company needs to file the immigration petition. So mention your company's name.
Good Luck
Your company needs to file the immigration petition. So mention your company's name.
Good Luck
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JunRN
10-12 07:41 AM
As stated above, interim EAD is not anymore issued at local center. What you can do after 90 days has lapsed, schedule an infopass appointment and then ask to expedite your EAD. In most cases, it doesn't exceed 90 days. A few unlucky one's had it in about 110 days!
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vikki76
02-27 05:48 PM
Indian banks usually issue a check/banker's check in name of educational institute.You don't need to pay any tax on it.Then that check is deposit to Univ's/Institute's registrar/bursar office.
You will have to pay indian bank certain interest in quarterly/monthly basis.
You will have to pay indian bank certain interest in quarterly/monthly basis.
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sbmallik
06-30 04:52 PM
You did a good job by traveling out of the country and obtained a new I-94 based on the existing L-1 so that the H-1 status didn't kicked in. Yes, your L-1 can be extended for now as you still maintained L-1 status. Later if you decide to file an H-1 the best thing would be a change of status (L-1 to H-1) application.
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kevinkris
03-06 12:34 AM
Hi All,
My friend got laid off on Dec 19th 2008. And he got another job, but the new employer is not providing him Group Health Insurance. They are asking to take him Individual Family plan and saying they will reimburse. But the problem is, he is in Albany, NY and he got to know that they are no individual plans in NY which is really odd.
He wants to use COBRA but it's really expensive 1200$ per month. But luckily we saw that there is a 65% discount for people who laid off between 1st Sept 2008 and Dec 31st 2008.
But want to know whether H1b employees are eligible for this discount or only American Citizens and Green Card holders?
Please find IRS article regarding the same.
http://www.irs.gov/newsroom/article/0,,id=204505,00.html
Thanks for your help.
My friend got laid off on Dec 19th 2008. And he got another job, but the new employer is not providing him Group Health Insurance. They are asking to take him Individual Family plan and saying they will reimburse. But the problem is, he is in Albany, NY and he got to know that they are no individual plans in NY which is really odd.
He wants to use COBRA but it's really expensive 1200$ per month. But luckily we saw that there is a 65% discount for people who laid off between 1st Sept 2008 and Dec 31st 2008.
But want to know whether H1b employees are eligible for this discount or only American Citizens and Green Card holders?
Please find IRS article regarding the same.
http://www.irs.gov/newsroom/article/0,,id=204505,00.html
Thanks for your help.
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gcpool
11-16 09:07 AM
You should not apply 6 months in advance. You should apply 3 months in advance because if you do 6 months they might approve in a month from the date you applied and the new ead will start from the day it gets approved. Applied 6 months in adv and now lost the rest of the months of current ead. Dont listen to the customer service guys they dont know anything. They told to apply 6 months in adv and when I called them after approval they were helpless to even replace it for the actual term.
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ras
01-11 11:26 PM
Hey here is a situation:
I have over 7 years of experience in IT
Come with a 4 year bachelor and 2 year masters from India from a non-computers background.
Have a diploma (1 year in computers)
few other computer certificate courses.
I work for Fortune's Best software company as sr. software qa engineer. My company wants to go ahead filing for my GC.
My company attorney says am not eligbile for EB2 based on the above but eligible for EB3. I am confused because I already have an EB2 being filed for future employment from a small company.
So I kind of guessing my company attorney's want to play safe to be on EB3 rather than EB2.
So what do u guys think that my company attorney is correct.
My understanding is that with the above qualifications, I am eligible for EB2.
Am I wrong????
I have over 7 years of experience in IT
Come with a 4 year bachelor and 2 year masters from India from a non-computers background.
Have a diploma (1 year in computers)
few other computer certificate courses.
I work for Fortune's Best software company as sr. software qa engineer. My company wants to go ahead filing for my GC.
My company attorney says am not eligbile for EB2 based on the above but eligible for EB3. I am confused because I already have an EB2 being filed for future employment from a small company.
So I kind of guessing my company attorney's want to play safe to be on EB3 rather than EB2.
So what do u guys think that my company attorney is correct.
My understanding is that with the above qualifications, I am eligible for EB2.
Am I wrong????
humsuplou
11-16 06:29 PM
My current AP will be expiring this Dec, and my priority date is Jan 2006.
I have a wedding in Canada in January 2011. I would like to know if I need an Advance Parole to Canada then re-enter? Somehow I read somewhere about Canada and Mexico have different requirements.
Thanks for your input.
I have a wedding in Canada in January 2011. I would like to know if I need an Advance Parole to Canada then re-enter? Somehow I read somewhere about Canada and Mexico have different requirements.
Thanks for your input.
vikki76
08-24 11:36 PM
A friend of mine has PhD in aeronautics from a top tier university here in US. He will be soon starting teaching in a university and planning to file his GC under EB-1.
Are there any risks in getting I-140 approved under EB-1? or just having a PhD does not automatically qualify anyone under EB-1 category.?
Since he is born in India so reluctant to file under EB-2 due to endless wait.
Are there any risks in getting I-140 approved under EB-1? or just having a PhD does not automatically qualify anyone under EB-1 category.?
Since he is born in India so reluctant to file under EB-2 due to endless wait.
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