front123
03-19 02:27 PM
Hello,
I am not sure if this situation below has been faced by any forum member. Would appreciate any information/experience or advise from fellow members and attorneys
I am on H1-B - I- 140 approved stage (EB3) for past several years and have faced no issue with Extensions(5) and 8 Stampings over this long period, working for the same employer.Apr 2003 PD with 1 yr left on current H1 extension.
I 485- AOS not applied
I am now contemplating to return permanently due to personal reasons and in this process effectively abandon the H1-B and GC process.
After I return, my employer would keep the I-140 and GC process active and I may work for the same employer remotely.
What are the options I have ?
1.If I do not apply for the H1-B extension next year but my employer keeps the job open for the next few years(future employ), is Consular Processing possible once Apr-03 becomes current- say 3 years from now.. - what documents would I require in that case?
In the next 4 years, possibly Eb3 April 03 might become available thus making the AOS possible thru Consular Processing
Do I need to apply H1-B extension in this case if I am out of the US but still want to keep the GC process active?
2. If I need to apply for H1-B extension next year with the same employer assuming the job is still available (only if I return and assuming PD is not current),
Based on Neufeld memo, what would be the additional documents reqd for such an extension ?
3. In case CIS construes this as abandonment, would this have any bearing 10 years later, if I apply for Perm. Residence thru I -130 route, family based immigration
Would appreciate any advise on this.
I am not sure if this situation below has been faced by any forum member. Would appreciate any information/experience or advise from fellow members and attorneys
I am on H1-B - I- 140 approved stage (EB3) for past several years and have faced no issue with Extensions(5) and 8 Stampings over this long period, working for the same employer.Apr 2003 PD with 1 yr left on current H1 extension.
I 485- AOS not applied
I am now contemplating to return permanently due to personal reasons and in this process effectively abandon the H1-B and GC process.
After I return, my employer would keep the I-140 and GC process active and I may work for the same employer remotely.
What are the options I have ?
1.If I do not apply for the H1-B extension next year but my employer keeps the job open for the next few years(future employ), is Consular Processing possible once Apr-03 becomes current- say 3 years from now.. - what documents would I require in that case?
In the next 4 years, possibly Eb3 April 03 might become available thus making the AOS possible thru Consular Processing
Do I need to apply H1-B extension in this case if I am out of the US but still want to keep the GC process active?
2. If I need to apply for H1-B extension next year with the same employer assuming the job is still available (only if I return and assuming PD is not current),
Based on Neufeld memo, what would be the additional documents reqd for such an extension ?
3. In case CIS construes this as abandonment, would this have any bearing 10 years later, if I apply for Perm. Residence thru I -130 route, family based immigration
Would appreciate any advise on this.
wallpaper The puppy is untrainable,
gcpool
11-25 06:15 PM
I can understand if someone is calling too many times. Looks like the USCIS computers are also feeling fed up. :p
Check the message I got when I was trying to see the details of my case online
"It was reported to us that your IP address or internet gateway has been locked out for a select period of time. This is due to an unusually high rate of use. In order to avoid this issue, please create a Customer account (single applicant) or a Representative account (representing many individuals)."
I am logging in after many days and I was checking it for the first time today
Check the message I got when I was trying to see the details of my case online
"It was reported to us that your IP address or internet gateway has been locked out for a select period of time. This is due to an unusually high rate of use. In order to avoid this issue, please create a Customer account (single applicant) or a Representative account (representing many individuals)."
I am logging in after many days and I was checking it for the first time today
lazycis
04-02 05:42 PM
Do you mean send one myself or through the lawyer? Who exactly would I send it to?
Send it yourself to local USCIS director.
Send it yourself to local USCIS director.
2011 Scene from Marley amp; Me
ras
06-13 02:50 PM
Couple of questions folks:
1. Should H1 B Job and GC Job be related? I am going for an H1 B extension based on approved I 140.
2. Can we consider Software Quality engineer on H1B and Software engineer on GC related?
The NAICS occupational codes for
Software Quality Engineer is 541511
Software Engnieer is 541710
Can we consider them related for AC 21 purpose. I so not have the approved labor or I 140.
3. Currently am on H1 which is going to expire next month with my current employer and had my GC filed as a software engineer. I am planning to move over to the client where right now am working as a contractor. I am being offered a position as Software Quality engineer.
Now, do I use the H1 extension and go on to the client or use EAD? If I go onto the client on H1 extension, what happens to the GC process and my EAD?
When I leave the company and if the current employer withdraws the I 140, am I ok?
1. Should H1 B Job and GC Job be related? I am going for an H1 B extension based on approved I 140.
2. Can we consider Software Quality engineer on H1B and Software engineer on GC related?
The NAICS occupational codes for
Software Quality Engineer is 541511
Software Engnieer is 541710
Can we consider them related for AC 21 purpose. I so not have the approved labor or I 140.
3. Currently am on H1 which is going to expire next month with my current employer and had my GC filed as a software engineer. I am planning to move over to the client where right now am working as a contractor. I am being offered a position as Software Quality engineer.
Now, do I use the H1 extension and go on to the client or use EAD? If I go onto the client on H1 extension, what happens to the GC process and my EAD?
When I leave the company and if the current employer withdraws the I 140, am I ok?
more...
knnmbd
05-03 03:51 PM
:( :confused: hi
i got a call from my employer stating that my 45 days later has coem (whether i want to continue with the green card process or not)
i called my lawyer to find out if the pepers have arrived which i need to sing and get signed from my employer and return ..and she has nto recived them
wat do we do now?
can we ask for another copy and how tp go about thsi process?
thanks
No offence but this forum (I am sure you know it already) is only for retrogression related issues and current happenings in the senate and such other issues. Please use the forum on immigration.com where I am sure you will have a lot more luck in getting your questions answered.
i got a call from my employer stating that my 45 days later has coem (whether i want to continue with the green card process or not)
i called my lawyer to find out if the pepers have arrived which i need to sing and get signed from my employer and return ..and she has nto recived them
wat do we do now?
can we ask for another copy and how tp go about thsi process?
thanks
No offence but this forum (I am sure you know it already) is only for retrogression related issues and current happenings in the senate and such other issues. Please use the forum on immigration.com where I am sure you will have a lot more luck in getting your questions answered.
chanduv23
04-13 02:00 PM
Hello,
My wife and I both work for the same company and my PD date is 1 year behind my wifes. But she was born in Germany though she is currently an Indian citizen. Now that the ROW category has moved passed her PD's date (Nov 6th 2002), we plan to file under the ROW category using the Cross Chargability rules. Does anybody have any experience filing under this rule? We have her birth certificate (translated into English from German etc) and our lawyers will send us the list of documents i expect. So basically i am trying to find out what to expect when filing under this category. Are there any caveats, good to knows etc?
PS- I am also an Indian citizen but i will obviously piggy back on her application since my PD is not current.
I know for sure, that you can go ahead and file as your wife's country of birth is Germany. About other things,, contact a good attorney. Best wishes and congratulations
My wife and I both work for the same company and my PD date is 1 year behind my wifes. But she was born in Germany though she is currently an Indian citizen. Now that the ROW category has moved passed her PD's date (Nov 6th 2002), we plan to file under the ROW category using the Cross Chargability rules. Does anybody have any experience filing under this rule? We have her birth certificate (translated into English from German etc) and our lawyers will send us the list of documents i expect. So basically i am trying to find out what to expect when filing under this category. Are there any caveats, good to knows etc?
PS- I am also an Indian citizen but i will obviously piggy back on her application since my PD is not current.
I know for sure, that you can go ahead and file as your wife's country of birth is Germany. About other things,, contact a good attorney. Best wishes and congratulations
more...
neoklaus
01-29 06:47 PM
The only document that I know that suit the name " Unemployment Wage Report" is IRS Form 940-Employer's Annual Federal Unemployment (FUTA) Tax
Return.
The probable reason of asking-to verify, that Company is sound, paying salary, wages, then taxes, including unemployment tax.
The company's Tax Return also shows how's company doing financially,economically, if it able to pay their employees salaries and what business this company stated as her primary.
Therefore, I think, that asking for these docs seams as reasonable, keeping in mind that consulates and embassies belong to different department than DHS and USCIS.
Return.
The probable reason of asking-to verify, that Company is sound, paying salary, wages, then taxes, including unemployment tax.
The company's Tax Return also shows how's company doing financially,economically, if it able to pay their employees salaries and what business this company stated as her primary.
Therefore, I think, that asking for these docs seams as reasonable, keeping in mind that consulates and embassies belong to different department than DHS and USCIS.
2010 Marley amp; Me Bring the Puppy
US_H1Info
01-14 02:28 PM
Hello Sir/Madam,
I came to US on H1B visa and recently i switched my job.My previous employer (INDIAN Employer) is asking me to return original H1 petetion which they filed.
Can anyone please help me with below queries
1. Do i need Original petetion from previous employer for Green Card processing ?.
2 Should i return H1 petetion or not to my previous employer ?.
2. Is it legal requirement that i need to return original H1 petetion to previous employer who filed it ?.
I would really appreciate and thankful , if you clarify my doubts.
thanks in advance
I came to US on H1B visa and recently i switched my job.My previous employer (INDIAN Employer) is asking me to return original H1 petetion which they filed.
Can anyone please help me with below queries
1. Do i need Original petetion from previous employer for Green Card processing ?.
2 Should i return H1 petetion or not to my previous employer ?.
2. Is it legal requirement that i need to return original H1 petetion to previous employer who filed it ?.
I would really appreciate and thankful , if you clarify my doubts.
thanks in advance
more...
tnite
02-13 03:18 PM
graduated with a MS in Computer science in may2007.
i applied to another university and got my sevis transferred to do my MBA there.
i have done 11 months 20 days of full time CPT at the previous university(where i did my MS).
am i eligible for another full time CPT at my new university where i have started my MBA (from jan 21st 2008)?
the international students service at my previous university is saying "i am eligible for 12months of full time CPT for every educational level, and i cannot get another 12 months if i do MBA because it is a masters degree too".
please suggest.
thanks
yes, they're right. CPT is 12 months max full time and it is 12 months for every educational level.
1.Part-time CPT is 20 hours a week or less. If done during school year, must maintain full time status. It has no effect on OPT.
2.Full-time CPT is more than 20 hours a week. (25 hrs a week is full time). If you do more than 12 months of full-time CPT, you lose your OPT option
i applied to another university and got my sevis transferred to do my MBA there.
i have done 11 months 20 days of full time CPT at the previous university(where i did my MS).
am i eligible for another full time CPT at my new university where i have started my MBA (from jan 21st 2008)?
the international students service at my previous university is saying "i am eligible for 12months of full time CPT for every educational level, and i cannot get another 12 months if i do MBA because it is a masters degree too".
please suggest.
thanks
yes, they're right. CPT is 12 months max full time and it is 12 months for every educational level.
1.Part-time CPT is 20 hours a week or less. If done during school year, must maintain full time status. It has no effect on OPT.
2.Full-time CPT is more than 20 hours a week. (25 hrs a week is full time). If you do more than 12 months of full-time CPT, you lose your OPT option
hair FooPets Marley Puppy Best
imbond707
12-07 10:59 AM
Dear IV Members,
Last week I received a copy of �Approved I-140� using Freedom of Information Act. I took almost 7 months to get requested information. Following are the steps to use FOIA:
1. Write a cover letter (Sample attached)
2. Complete Form G-639 (Sample form �Freedom of Information Act - G-639 - Form.pdf� attached)
3. Write your I-140 Receipt # in �Column 4�.
4. Important: Make sure you complete �Column 7� or you will be asked to send you application again.
5. For �Column 8� you can sign it yourself under �Executed in US� (No need to use Notary)
6. Send this form to:
USCIS National Record Center
FOIA Division
P.O. Box 648010
Lee Summit, MO 64064-5570
I received copy of approved I-140 last week (Copy of 1st page is attached). You can check status of FOIA request at FOIA Request Status Check (http://www.uscis.gov/portal/site/uscis/menuitem.8d416137d08f80a2b1935610748191a0/?vgnextoid=f3a2ba87c7a29110VgnVCM1000004718190aRCR D&vgnextchannel=f3a2ba87c7a29110VgnVCM1000004718190a RCRD).
I hope above information will be useful for others who want to use FOIA.
Last week I received a copy of �Approved I-140� using Freedom of Information Act. I took almost 7 months to get requested information. Following are the steps to use FOIA:
1. Write a cover letter (Sample attached)
2. Complete Form G-639 (Sample form �Freedom of Information Act - G-639 - Form.pdf� attached)
3. Write your I-140 Receipt # in �Column 4�.
4. Important: Make sure you complete �Column 7� or you will be asked to send you application again.
5. For �Column 8� you can sign it yourself under �Executed in US� (No need to use Notary)
6. Send this form to:
USCIS National Record Center
FOIA Division
P.O. Box 648010
Lee Summit, MO 64064-5570
I received copy of approved I-140 last week (Copy of 1st page is attached). You can check status of FOIA request at FOIA Request Status Check (http://www.uscis.gov/portal/site/uscis/menuitem.8d416137d08f80a2b1935610748191a0/?vgnextoid=f3a2ba87c7a29110VgnVCM1000004718190aRCR D&vgnextchannel=f3a2ba87c7a29110VgnVCM1000004718190a RCRD).
I hope above information will be useful for others who want to use FOIA.
more...
I_need_GC
07-24 10:28 AM
She can use her AP to enter back but if she has the time and can get h1b stamped she is strongly recommended to do so. Reason behind it is if she has any over stay (out of status) in the past it won't be a problem when 485 is being processed.
In simple terms if you can get visa stamped recommended if not AP is fine. regardless she will be on adjustment of status and also H1B status (have approval notice) at the same time.
Hi-
My spouse recently started working on F1 OPT. She also got her H1 approved (port of entry was requested and not change of status). H1 was through lottery to start from oct upon stamping. Suddenly our PD moved forward and we will file 485 next month.
We are going to India in dec. By that time we should get our AP. My question is does my wife need to go for H1 stamp or can she enter using her AP and keep H1 status. Both of us have different employers. Her 485 will be filed as my dependant.
Secondly - I will also get a new EAD. Can I work second part time job using that ead while maintaining my permanent job using H1?
In simple terms if you can get visa stamped recommended if not AP is fine. regardless she will be on adjustment of status and also H1B status (have approval notice) at the same time.
Hi-
My spouse recently started working on F1 OPT. She also got her H1 approved (port of entry was requested and not change of status). H1 was through lottery to start from oct upon stamping. Suddenly our PD moved forward and we will file 485 next month.
We are going to India in dec. By that time we should get our AP. My question is does my wife need to go for H1 stamp or can she enter using her AP and keep H1 status. Both of us have different employers. Her 485 will be filed as my dependant.
Secondly - I will also get a new EAD. Can I work second part time job using that ead while maintaining my permanent job using H1?
hot Marley and me
priderock
06-20 03:53 PM
This is the height of foolishness.trying to get US Citizen a green card....:rolleyes:
Don't be so harsh Kumar. This whole process is so troublesome and some times illogical, you get all kinds of doubts, especially when you are working with a short time line. (S)He did not mention getting a green card for them but going through medicals.
Don't be so harsh Kumar. This whole process is so troublesome and some times illogical, you get all kinds of doubts, especially when you are working with a short time line. (S)He did not mention getting a green card for them but going through medicals.
more...
house like in Marley amp; Me!
peedith-aathma
07-23 02:39 AM
my manager decided that he is going to RIF me in October. I just filed for my AOS and EAD last week. So i would assume my receipt date would be some time in July.
I already have my I-140 approved with PD of Mar 2004
Please suggest what do I need to do ?. Since July to October is like 3 -months, I can get an EAD ( atleast Interim ).
So can I work on this EAD ?. What are the consequences ?. Should I re-start the whole process of Labor / I-140 / I-485 ? with the priority date of the I - 485 ?.
I am sooo fed up with this whole process already. But I don't want to leave this now. I will get the Green Card, and then take citizenship before I leave this country
PLease help.....
Edit/Delete Message
I already have my I-140 approved with PD of Mar 2004
Please suggest what do I need to do ?. Since July to October is like 3 -months, I can get an EAD ( atleast Interim ).
So can I work on this EAD ?. What are the consequences ?. Should I re-start the whole process of Labor / I-140 / I-485 ? with the priority date of the I - 485 ?.
I am sooo fed up with this whole process already. But I don't want to leave this now. I will get the Green Card, and then take citizenship before I leave this country
PLease help.....
Edit/Delete Message
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ho_gaya_kaya_?
11-20 08:41 PM
Another rule of thumb is that if you do not know whether your date is current or not- then you are probably not current :)
j/k...
j/k...
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manbeing
12-22 09:56 PM
Thanks for your reply. In this specific skills or requirements, we also listed several tools, I let my former employer listed them in their experience letter. Other than that, I really don't how to proof them.
on 2nd req, my opinion would be to submit following related to ur skills.
- certifications earned from industry recognised bodies like PMP or OCP etc.
- any inhouse training recd certificates
- any vendor recd training certificates
on 2nd req, my opinion would be to submit following related to ur skills.
- certifications earned from industry recognised bodies like PMP or OCP etc.
- any inhouse training recd certificates
- any vendor recd training certificates
dresses Puppy love .
shree2010
01-08 03:33 PM
Can somebody pls respond....
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makeup Start With #39;Marley amp; Me#39;
ursosweet
12-10 08:48 AM
:confused:
Hello everone.
My 140 was approved in september (EB2; IN) and i belong to july 2 VB fiasco.
i was just checking my case status online and i noticed that my LUD for 140 (which has been approved) was changed to december 2007.
what does that mean?? i hope its not an RFE or rejection after approval just like some other people on the forum.
Can anyone please help me out.
Thanks
Hello everone.
My 140 was approved in september (EB2; IN) and i belong to july 2 VB fiasco.
i was just checking my case status online and i noticed that my LUD for 140 (which has been approved) was changed to december 2007.
what does that mean?? i hope its not an RFE or rejection after approval just like some other people on the forum.
Can anyone please help me out.
Thanks
girlfriend pages of Marley amp; Me at
pappu
12-11 11:31 AM
Once you are a member aren't you automatically registring yourself to your state too?
no you need to volunteer to do the state chapter work
no you need to volunteer to do the state chapter work
hairstyles “Marley and Me” makes this vet
chakdepatte
11-08 04:12 PM
i have a trip scheduled via dubai to bombay and back. Intend to stay for 3-4 days on my way to bombay as well as 3-4 days returning back. How do i get transit visas for both of these short term visits.
Thanks
Chakdpatte
Thanks
Chakdpatte
sammywammy
04-27 10:24 PM
The lawyers did some mixup/goofup and I lost my June 2002 PD. Here is the sequence of events.
Original Labor (Labor1)
PD: June 2002
Category: EB3 (incorrectly filed at that time by lawyers)
State: CA
We didn’t hear about the whereabouts of my labor1 case because it was sent to the Backlog Processing center (all cases after May 2002 were sent)
So the lawyers suggested filing a new labor under PERM.
Second Labor (Labor2)
PD: Oct 2005
Category: EB2
Approved: in December 2005
Second I140
Approved: in December 2005/Early 2006
Received Original Labor Approval in end of Dec 2006
The lawyers decided to combine the 2 cases and file for I-485.
i.e. use the ORIGINAL Labor PD and SECOND Labor EB2.
In April 2007, 485 application was open for “EB2” – “June 2002”.
So the lawyers filed for concurrent I-485 and I-140 for the ORIGINAL EB3 case (they submitted Second Approved EB2 I-140 along with it)
ORIGINAL I-140 was approved in Oct 2007
PLEASE NOTE: the unique situation is that the SECOND I140 was approved before the ORIGINAL I140.
Since April, 2007 - We were told by my company lawyers that the 485 is under process EB2 PD June 2002.
The GC Visa number have been available for EB2 PD June 2002 for a long time now.
But we still hadn’t received our Greencard for a long time and were wondering what is causing this delay.
So after much ado by our lawyers, they agreed to check with USCIS.
Because the Second I140 was approved before the First I1-40, USCIS said that we cannot use old PD
According to our lawyers, Now our current case status is “supposedly” OCT 2005 EB2. So we lost the June 2002 PD.
Is there anyway to recapture the old PD? (with or without refilling I-485)
Any suggestions,help or insight will be greatly appreciated.
Thanks and Regards
Sam
Original Labor (Labor1)
PD: June 2002
Category: EB3 (incorrectly filed at that time by lawyers)
State: CA
We didn’t hear about the whereabouts of my labor1 case because it was sent to the Backlog Processing center (all cases after May 2002 were sent)
So the lawyers suggested filing a new labor under PERM.
Second Labor (Labor2)
PD: Oct 2005
Category: EB2
Approved: in December 2005
Second I140
Approved: in December 2005/Early 2006
Received Original Labor Approval in end of Dec 2006
The lawyers decided to combine the 2 cases and file for I-485.
i.e. use the ORIGINAL Labor PD and SECOND Labor EB2.
In April 2007, 485 application was open for “EB2” – “June 2002”.
So the lawyers filed for concurrent I-485 and I-140 for the ORIGINAL EB3 case (they submitted Second Approved EB2 I-140 along with it)
ORIGINAL I-140 was approved in Oct 2007
PLEASE NOTE: the unique situation is that the SECOND I140 was approved before the ORIGINAL I140.
Since April, 2007 - We were told by my company lawyers that the 485 is under process EB2 PD June 2002.
The GC Visa number have been available for EB2 PD June 2002 for a long time now.
But we still hadn’t received our Greencard for a long time and were wondering what is causing this delay.
So after much ado by our lawyers, they agreed to check with USCIS.
Because the Second I140 was approved before the First I1-40, USCIS said that we cannot use old PD
According to our lawyers, Now our current case status is “supposedly” OCT 2005 EB2. So we lost the June 2002 PD.
Is there anyway to recapture the old PD? (with or without refilling I-485)
Any suggestions,help or insight will be greatly appreciated.
Thanks and Regards
Sam
waiting4gc02
01-18 11:26 AM
I also hace approved I-140.
So Chicago_Desi, how much extra do we pay for that..??
So Chicago_Desi, how much extra do we pay for that..??
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