Berkeleybee
05-25 07:48 PM
As a member of the IV content team (i.e. the team that spotted the problems and did all the delicious analysis so far) I will withold comment and speculation till the whole amended bill comes out.
As your own analysis shows -- the different sections of the bill need to be analyzed together.
Hold on to your horses.
best,
Berkeleybee
As your own analysis shows -- the different sections of the bill need to be analyzed together.
Hold on to your horses.
best,
Berkeleybee
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DSJ
05-30 12:34 PM
Fee and Bee, there is some relation
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already discussed- admin
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already discussed- admin
shanti
08-03 10:36 AM
To be able to file EB2 the position has to belong to O*net zone 5. For instance if you are an engineer, open the link http://online.onetcenter.org/find/result?s=engineer&g=Go and click over the engineering that mostly suits you. If that position is job zone 4 then it is EB3 if it is job zone 5 then it is EB2. Then you have to check the salary for the area where you work, if your basic salary is superior to the minimum (level 1) of the position then you are fine.
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senk1s
09-30 12:23 PM
I'll try and answer your questions
1. AC21 by definition comes into play when 485 is not adjudicated for 180 days
2. because this company has promised a job after getting the GC
3. What is the 1 1/2 yrs you are refering to?
4. I dont think you require LC to invoke AC21
1. AC21 by definition comes into play when 485 is not adjudicated for 180 days
2. because this company has promised a job after getting the GC
3. What is the 1 1/2 yrs you are refering to?
4. I dont think you require LC to invoke AC21
more...
isthereawayout
02-22 01:47 PM
snathan - How different is different enough for USCIS/DOL to be okay with it? Would the num of years of experience be helpful if it was different.
I guess I am trying to figure out if I should let go of this position and wait for another one to come around if it's the current one is not worth pursuing due to potential issues during I140 stage.
Thanks
I guess I am trying to figure out if I should let go of this position and wait for another one to come around if it's the current one is not worth pursuing due to potential issues during I140 stage.
Thanks
dreamworld
08-13 11:17 PM
When we do dual filing with PERM...
Can we transfer the PD of (approved : EB3 + I140 ) to PERM ( EB2 )?
Can we transfer the PD of (approved : EB3 + I140 ) to PERM ( EB2 )?
more...
roseball
03-08 11:40 PM
Hi,
My husband's H1B is over on 22nd February 2008. Now he trying to file AC21 with another company. Is there any way he can apply for H1B transfer with that company as couple of weeks already passed? Appreciate your help.
If not already done so, I would suggest you contact a good attorney immediately and not rely on forums on what to do.....
My husband's H1B is over on 22nd February 2008. Now he trying to file AC21 with another company. Is there any way he can apply for H1B transfer with that company as couple of weeks already passed? Appreciate your help.
If not already done so, I would suggest you contact a good attorney immediately and not rely on forums on what to do.....
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ajay
12-02 09:58 PM
Thanks for sharing this good news.
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dpp
06-27 11:41 AM
I filed my 485 last week and didn't file for EAD. My spouse is filing 485 next week and i will be a dependent in that application. If i apply for EAD in his application, can i use it to invoke AC21 if i have to change job after 6 months under my 485?
I have read here that EAD is not necessary for AC21, but my lawyer said its needed.
You cannot file more than one AOS petition per applicant. They may reject all of them. Otherwise it will be a mess like how it is there now for PERM and I-140 petitions.
I have read here that EAD is not necessary for AC21, but my lawyer said its needed.
You cannot file more than one AOS petition per applicant. They may reject all of them. Otherwise it will be a mess like how it is there now for PERM and I-140 petitions.
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ravi_hyd
10-30 10:44 AM
.
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rockstart
10-05 02:55 PM
That is a pretty impressive list of advisor's. Thank you IV for the great work.
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maverick_joe
05-05 04:22 PM
btw, my heart skipped a beat seeing the title!! :) :D
The title gives the impression that EB3 - India is Current! Appropriate title could have been "My EB3-India petition is current"
The title gives the impression that EB3 - India is Current! Appropriate title could have been "My EB3-India petition is current"
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nifedge
04-23 10:01 AM
Hello!
I am in a similar situation. My Passport expires on June 16th 2009, so I got a I-94 that a D/S Date of June 15th 2009. My H1B and I-797 is valid till Oct 22 2009. My Employer contacted me last week saying that my work status expires on June 15th and I need to show new work status to continue working.
As per my attorney, the date on the latest I-94 is THE most important date which dictates how long you can be legally employed as a non-immigrant, it is NOT the date on H1B stamp or I-797 (I-94 date is always equal or earlier than the date on I-797).
So, I am lucky to have EAD through my wife's GC application and I am being forced to switch status to EAD. Since my wife and I work for the same company, I am very worried switching to EAD as there are layoffs imminent in my wife's department, which poses risk to her and me too (if I am on EAD).
One line answer: Your wife should switch to EAD right before her I-94 expires.
My obvious advice is to consult a lawyer.
Anyone on the forum, if you think what I said is wrong, please correct me.
I am in a similar situation. My Passport expires on June 16th 2009, so I got a I-94 that a D/S Date of June 15th 2009. My H1B and I-797 is valid till Oct 22 2009. My Employer contacted me last week saying that my work status expires on June 15th and I need to show new work status to continue working.
As per my attorney, the date on the latest I-94 is THE most important date which dictates how long you can be legally employed as a non-immigrant, it is NOT the date on H1B stamp or I-797 (I-94 date is always equal or earlier than the date on I-797).
So, I am lucky to have EAD through my wife's GC application and I am being forced to switch status to EAD. Since my wife and I work for the same company, I am very worried switching to EAD as there are layoffs imminent in my wife's department, which poses risk to her and me too (if I am on EAD).
One line answer: Your wife should switch to EAD right before her I-94 expires.
My obvious advice is to consult a lawyer.
Anyone on the forum, if you think what I said is wrong, please correct me.
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bbenhill
03-05 06:30 PM
btw her location will be @ Portland, Oregon.
Regards
Hi,
My sister in law will come to US using H4 visa, the problem is the health insurance does not want to cover her pregnancy since the pregnancy is already 6 months.
Any idea how to get insurance for her ?
Really appreciate your help ..
Regards.
Regards
Hi,
My sister in law will come to US using H4 visa, the problem is the health insurance does not want to cover her pregnancy since the pregnancy is already 6 months.
Any idea how to get insurance for her ?
Really appreciate your help ..
Regards.
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snathan
03-28 12:21 PM
Hi,
In 2005 I was working at california and my employer was at NJ. I did my tax filing with a all state agent abd he filed taxes for just NJ and federal.
Yesterday I got a notice from California that I have filed taxes using california address and didnot files state taxes for CA.
and I need to proof that I filed the taxes that year or file the taxes.
I went to HR block and prepared taxes for 2005 and mailed to them.
Same thing was there when I filed for 2006 taxes, my consultant didnt filed the taxes for CA.
So I prepared taxes for 2006 also and mailed to them. Both I mailed as a physical mail.
Did any one had similar experiance or any issues?
If you worked in CA you need to file the same state. You dont have to file the tax for the state where your employer resides.
In 2005 I was working at california and my employer was at NJ. I did my tax filing with a all state agent abd he filed taxes for just NJ and federal.
Yesterday I got a notice from California that I have filed taxes using california address and didnot files state taxes for CA.
and I need to proof that I filed the taxes that year or file the taxes.
I went to HR block and prepared taxes for 2005 and mailed to them.
Same thing was there when I filed for 2006 taxes, my consultant didnt filed the taxes for CA.
So I prepared taxes for 2006 also and mailed to them. Both I mailed as a physical mail.
Did any one had similar experiance or any issues?
If you worked in CA you need to file the same state. You dont have to file the tax for the state where your employer resides.
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GC_Q
04-18 10:21 AM
Hello Prasadn,
Could you please post what action have you taken in your wife's case? Your answer might help many people in similar situation.
Thanks in advance
Could you please post what action have you taken in your wife's case? Your answer might help many people in similar situation.
Thanks in advance
more...
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nvmurali
06-02 04:20 PM
You will have to restart your GC process, but once you have the new PERM and I-140 approved, you can recapture your old PD (which is Feb '08), but you can't use provisions from the AC21 unless your AOS was pending for at least 180 days when you make the change.
This is not legal advise - a lawyer consultation is highly recommended.
I'm sorry -- I didn't follow. Can I use the H1-B which has been extended for 3 yrs since my 140 was approved already for a yr and the visa numbers weren't current? (I've already used up by 6 yrs)
Thanks,
Murali
This is not legal advise - a lawyer consultation is highly recommended.
I'm sorry -- I didn't follow. Can I use the H1-B which has been extended for 3 yrs since my 140 was approved already for a yr and the visa numbers weren't current? (I've already used up by 6 yrs)
Thanks,
Murali
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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.
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devikas81
02-09 01:31 PM
Hi arikris,
I was similar situation like sduddukuri and u, me and my wife went to india and get our Visa stamp done, it was very smooth,
all of us case looks like similar, Instead of speding time here and open MTR- its better to go to india and get the stamping done..
Thanks,
I was similar situation like sduddukuri and u, me and my wife went to india and get our Visa stamp done, it was very smooth,
all of us case looks like similar, Instead of speding time here and open MTR- its better to go to india and get the stamping done..
Thanks,
nixstor
06-24 05:14 PM
may be this will help you
485 fess from Jul 30th will be 1010USD. This also has EAD & AP fees built into it and you can keep on renewing EAD & AP with out paying fees every year unil you get your GC.
485 fess until Jul 30th is 395 USD and you will pay separate fee for both EAD & AP every year until you get GC.
How can we expect to pay 395 USD for GC and get free EAD & AP every year? makes sense?
485 fess from Jul 30th will be 1010USD. This also has EAD & AP fees built into it and you can keep on renewing EAD & AP with out paying fees every year unil you get your GC.
485 fess until Jul 30th is 395 USD and you will pay separate fee for both EAD & AP every year until you get GC.
How can we expect to pay 395 USD for GC and get free EAD & AP every year? makes sense?
hoosier07
07-18 02:59 PM
Hello guys,
First of all thank you very much for your answers in advance.
I am currently on H1-B (valid till 2010) and recently applied for PERM LC. I work for a non-profit organization and the category is EB-2. Nationality: Turkey.
I was planning to go for my GC but my plans have recently changed. I am planning to get married in 2009 Summer (earlier is not possible). I have done my research and found out that if I receive my GC before I get married, it will be very difficult to get my spouse here.
I am expecting to get the LC in about 4 months. Then, most probably I can file I-140 and I-485 concurrently as the visa numbers will be available for my case. However, I am not planning to do it anymore due to the reasons mentioned above.
So, here are my questions:
Now, the new rule tells that LC certification must be used within 180 days. So, can I just file I-140 while single and even though my visa numbers are current for I-485 (Can I seperate I-140 and I-485 and save I-1485 for after marriage - Summer 2009). Does it matter for the purposes of I-140, if I am single - and then add my spouse to I-485 in the US (She will be on H-4 with me here)?
I am not planning to change my job. So, would my I-140 have an expiration date?
Do you have any other suggestions? Thank you!
First of all thank you very much for your answers in advance.
I am currently on H1-B (valid till 2010) and recently applied for PERM LC. I work for a non-profit organization and the category is EB-2. Nationality: Turkey.
I was planning to go for my GC but my plans have recently changed. I am planning to get married in 2009 Summer (earlier is not possible). I have done my research and found out that if I receive my GC before I get married, it will be very difficult to get my spouse here.
I am expecting to get the LC in about 4 months. Then, most probably I can file I-140 and I-485 concurrently as the visa numbers will be available for my case. However, I am not planning to do it anymore due to the reasons mentioned above.
So, here are my questions:
Now, the new rule tells that LC certification must be used within 180 days. So, can I just file I-140 while single and even though my visa numbers are current for I-485 (Can I seperate I-140 and I-485 and save I-1485 for after marriage - Summer 2009). Does it matter for the purposes of I-140, if I am single - and then add my spouse to I-485 in the US (She will be on H-4 with me here)?
I am not planning to change my job. So, would my I-140 have an expiration date?
Do you have any other suggestions? Thank you!
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