perm2gc
06-16 05:52 PM
I have H1 extension of 3 yrs after 6 yrs of H1 b'cos of approved I 140. Now when I file 485 and EAD, can I still use the H1 till expiry date if somehow 485 application gets denied before H1 expiry date?
I know if the CIR in it's current form is passed then this question becomes invalid, since I am consulting on H1.
you can maintain dual status .
I know if the CIR in it's current form is passed then this question becomes invalid, since I am consulting on H1.
you can maintain dual status .
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deardar
07-06 11:05 AM
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raysaikat
07-25 10:34 AM
Hi,
I'm looking for some answers for my wife's visa issues. I'm on H1B (valid until 2010) and she is on OPT (Valid until Dec 20 2008. F-1 visa expired May 2008). My PERM labor is in process and we hope to file for I 140 and I 485 and EAD concurrently by September/ October 2008. My lawyer says that we can file concurrently because my wife's country of birth is in Europe.
Now the questions:
1. Is it okay for my wife to apply for EAD based in I 485 while on OPT with expired F-1 visa? Is there a requirement that wife has to be on H-4 to apply for EAD based on husband's GC application?
Each individual will have his/her I-485, and EAD is a derived benefit of I-485. Your wife can file for I-485 while on OPT and get EAD. However, technically her F-1 status, hence the OPT, terminates after applying for I-485 (since she expresses intent to immigrate).
2. Also read on some forums that Wife's F-1 OPT will be invalidated as soon as her I 485 application is recieved. Is this true?
Conservative view is that as soon as her I-485 is officially submitted (i.e., received by USCIS), she has expressed intent to immigrate, which invalidates her F-1 (note that OPT is not a status, she is still in F1).
3. EAD approval takes 3-4 months on average. So if she doesn't recieve her EAD approval by December 2008 (Dec 20 2008 her OPT expires) she will be out of status. Should we apply for H-4 so that she doesn't become out-of-status?
That may be a better route. Once her H-4 is approved (with new I-94 form), her OPT will terminate and she will not be able to work.
4. We expect that her EAD approval will come by Jan/ Feb 2009. There is a 2 month gap provision that foreign nationals sometimes use to change their status. Is it a safe bet to avoid getting her on H-4 and use the 2 month gap period?
She cannot work while she is in H-4. There is no such thing as "2-month gap"!
4. How much does applying for H-4 cost? I'm simply expecting a range of sorts.
Thanks,
A. Singh
No idea. The application fee is probably a few 100 dollars. Not sure how much your lawyer would charge for preparing the application.
I'm looking for some answers for my wife's visa issues. I'm on H1B (valid until 2010) and she is on OPT (Valid until Dec 20 2008. F-1 visa expired May 2008). My PERM labor is in process and we hope to file for I 140 and I 485 and EAD concurrently by September/ October 2008. My lawyer says that we can file concurrently because my wife's country of birth is in Europe.
Now the questions:
1. Is it okay for my wife to apply for EAD based in I 485 while on OPT with expired F-1 visa? Is there a requirement that wife has to be on H-4 to apply for EAD based on husband's GC application?
Each individual will have his/her I-485, and EAD is a derived benefit of I-485. Your wife can file for I-485 while on OPT and get EAD. However, technically her F-1 status, hence the OPT, terminates after applying for I-485 (since she expresses intent to immigrate).
2. Also read on some forums that Wife's F-1 OPT will be invalidated as soon as her I 485 application is recieved. Is this true?
Conservative view is that as soon as her I-485 is officially submitted (i.e., received by USCIS), she has expressed intent to immigrate, which invalidates her F-1 (note that OPT is not a status, she is still in F1).
3. EAD approval takes 3-4 months on average. So if she doesn't recieve her EAD approval by December 2008 (Dec 20 2008 her OPT expires) she will be out of status. Should we apply for H-4 so that she doesn't become out-of-status?
That may be a better route. Once her H-4 is approved (with new I-94 form), her OPT will terminate and she will not be able to work.
4. We expect that her EAD approval will come by Jan/ Feb 2009. There is a 2 month gap provision that foreign nationals sometimes use to change their status. Is it a safe bet to avoid getting her on H-4 and use the 2 month gap period?
She cannot work while she is in H-4. There is no such thing as "2-month gap"!
4. How much does applying for H-4 cost? I'm simply expecting a range of sorts.
Thanks,
A. Singh
No idea. The application fee is probably a few 100 dollars. Not sure how much your lawyer would charge for preparing the application.
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Springflower
07-17 12:38 AM
Thank you for your reply. Yes, I have signed all the forms and included all the documents. Wrote a cover letter listing all the documents in the packet(like Affidavits, W2's, Passport copy etc.), but in a hurry forgot to sign the cover letter.
more...
jasmin45
08-10 07:55 PM
Thanks Jasmine/lacrossegc/etal,
Btw, one twist I have is that my birth certificate is in Punjabi. How should I get that translated. Is there a procedure? Or simply should/can I get some equivalent, such as affidavite from my parents attested by some govt authority etc.,
Also, in case I can't make it now (depends on preponing air tickets etc), may I have to wait couple of more years. My priority date is Mar'05 and EB2. Some rough idea atleast..
thanks so much,
-Prasad
PS: really thanks.. a zillion. I am not even able to contact my attorney now. So your responses are helping me invaluably.
You can get it translated in India iteself and get it notarized... or get an affadivit notarized from both parents for birth certificate.. that should do it and you do not have to bother about translation.
Regarding dates, no one knows when will it be current again.. as long as you have valid H1 and approved 140 you are good to continue to get 3 years extensions... until it becomes current again..
Btw, one twist I have is that my birth certificate is in Punjabi. How should I get that translated. Is there a procedure? Or simply should/can I get some equivalent, such as affidavite from my parents attested by some govt authority etc.,
Also, in case I can't make it now (depends on preponing air tickets etc), may I have to wait couple of more years. My priority date is Mar'05 and EB2. Some rough idea atleast..
thanks so much,
-Prasad
PS: really thanks.. a zillion. I am not even able to contact my attorney now. So your responses are helping me invaluably.
You can get it translated in India iteself and get it notarized... or get an affadivit notarized from both parents for birth certificate.. that should do it and you do not have to bother about translation.
Regarding dates, no one knows when will it be current again.. as long as you have valid H1 and approved 140 you are good to continue to get 3 years extensions... until it becomes current again..
EB3June03
06-15 05:18 PM
Wow.... Sounds like those who had TB Skin test come out positive are on the hook for the Medical RFE's
I had my TB (Skin) test positive, but I also think the X Ray reports were included, but I might be wrong...
Good idea though.. and it does make sense to get a new medical done that way the USCIS does not have another thought looking at the old medical forms.
I had my TB (Skin) test positive, but I also think the X Ray reports were included, but I might be wrong...
Good idea though.. and it does make sense to get a new medical done that way the USCIS does not have another thought looking at the old medical forms.
more...
amitpan007
10-19 04:33 PM
These are the job codes from DOL and mine was 15-1031. I am in similar area Oracle Applications. Hope this helps.
15-0000 Computer and Mathematical Occupations
15-0000 Computer and Mathematical Occupations
15-1011 Computer and Information Scientists, Research
15-1021 Computer Programmers
15-1031 Computer Software Engineers, Applications
15-1032 Computer Software Engineers, Systems Software
15-1041 Computer Support Specialists
15-1051 Computer Systems Analysts
15-1061 Database Administrators
15-1071 Network and Computer Systems Administrators
15-1081 Network Systems and Data Communications Analysts
15-1099 Computer Specialists, All Other
15-2011 Actuaries
15-2021 Mathematicians
15-2031 Operations Research Analysts
15-2041 Statisticians
15-2091 Mathematical Technicians
15-2099 Mathematical Science Occupations, All Other
15-0000 Computer and Mathematical Occupations
15-0000 Computer and Mathematical Occupations
15-1011 Computer and Information Scientists, Research
15-1021 Computer Programmers
15-1031 Computer Software Engineers, Applications
15-1032 Computer Software Engineers, Systems Software
15-1041 Computer Support Specialists
15-1051 Computer Systems Analysts
15-1061 Database Administrators
15-1071 Network and Computer Systems Administrators
15-1081 Network Systems and Data Communications Analysts
15-1099 Computer Specialists, All Other
15-2011 Actuaries
15-2021 Mathematicians
15-2031 Operations Research Analysts
15-2041 Statisticians
15-2091 Mathematical Technicians
15-2099 Mathematical Science Occupations, All Other
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Siddharta
01-11 11:03 PM
Per Canadian Immigration law, if a person is offered a PR and if thats not used, then that person wont be given another PR the second time. ....
Do you have a link to this info anywhere (official website?)
Do you have a link to this info anywhere (official website?)
more...
dskhabra
12-05 09:55 PM
If you want to know the exact job description then labor is the only document which has the complete description. Usually the company will ask to fill some documentation for filing labor and labor is filed based on the available job and your skill set as well (that's what I have seen).
You might get some idea of job description from the documentation you filled for labor but again will not be exact...
You might get some idea of job description from the documentation you filled for labor but again will not be exact...
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July 14th, 2006, 01:44 PM
I loved the second picture as was said the isolation show its all one flower. I for one am always glad to see everyone's pet subject.
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victory123
05-15 12:14 PM
Hi, I had similar thing, my case status still shows "case transferred from VSCt to TSC as they now have jurisdiction, decision will be taken etc' my case was approved in 2006, the lud was 3/23/2009 and after that it is still the same, noclue as to waht would have triggered this for an approved case, two things could have happened per me (Own views)- employer revoked 140 or regular cleanup of files from VSC as they no longer do 140s..also what is meant by PE in you status...keep me posted.
Cheers
Cheers
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July 14th, 2006, 07:10 AM
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hyddsnr
04-30 08:45 PM
I am not sure if this question being answered in this forum.
Need experties if any one have this situation.
Employer: X (Old Employer)
Labor - EB2
PD - Sept , 2006
I-140 Approved
Employer : Y (Current)
Labor : EB3
PD : May 9 2003I
1-140 Approved
I-485 : Pending
Q : Is it possible to change/port category EB3 - EB2 and keeping the EB3 Date of 2003
Q : How is the apeal done considering I-485 is already filled.
My Attorney says better to file fresh EB2 with current company.
Please reply with your experties or if being deal with this one.
-Thanks
Potrero
Hi,
Mine is same case, but with same employer, In my case my attorney used below law.PD is done successfully and got GC . But it took nearly 1 year time. I don't think we need to apply new EB2. But anyways talk to experienced lawyer who has done PD earlier.
According to 8 C.F. R. 204.5(e), When a Beneficiary has multiple approved I-140 petitions,
he is entitled to the earliest priority date....
Need experties if any one have this situation.
Employer: X (Old Employer)
Labor - EB2
PD - Sept , 2006
I-140 Approved
Employer : Y (Current)
Labor : EB3
PD : May 9 2003I
1-140 Approved
I-485 : Pending
Q : Is it possible to change/port category EB3 - EB2 and keeping the EB3 Date of 2003
Q : How is the apeal done considering I-485 is already filled.
My Attorney says better to file fresh EB2 with current company.
Please reply with your experties or if being deal with this one.
-Thanks
Potrero
Hi,
Mine is same case, but with same employer, In my case my attorney used below law.PD is done successfully and got GC . But it took nearly 1 year time. I don't think we need to apply new EB2. But anyways talk to experienced lawyer who has done PD earlier.
According to 8 C.F. R. 204.5(e), When a Beneficiary has multiple approved I-140 petitions,
he is entitled to the earliest priority date....
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VickIowa
12-28 05:40 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
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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
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gc_kaavaali
06-03 03:28 PM
Should i fill AR11 form for my wife too? i entered my wife's application receipt number when i am updating my pending cases and gave my wife name and her details...is it sufficient?
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gconmymind
11-12 03:35 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.
If you are doing the work from USA, then you have to get paid in USA and pay US taxes.
If you are getting the work done from India, only then your clients can pay your company in India.
This is my understanding. Talk to your lawyer and CPA.
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.
If you are doing the work from USA, then you have to get paid in USA and pay US taxes.
If you are getting the work done from India, only then your clients can pay your company in India.
This is my understanding. Talk to your lawyer and CPA.
more...
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gauravster
04-22 11:07 AM
What I say should not be construed as any form of legal advice but based on what I know I list the following things.
1. Most likely if you are in EB3, your labor PERM application would have only required things that qualify you for EB3. So the same labor cannot be used to file for EB2.
2. You should go ahead and file for I-140. It is imperative that you be employed in the same/similar job as your EB3 application when I-140 is filed for, in case there is an RFE (request for evidence).
3. Once your I-140 is approved, I think you get some flexibility in moving within the organization and you could be moved to a role with different job requirements. These job requirements might qualify you for a EB2 job role. You can then file for a EB2 labor PERM(job postings, application etc). Once this labor is approved, when you file the I-140 for this, you can ask that the priority date be ported. Most certainly there will be an RFE for this I-140 application. Some employer attroneys (esp those conservative) require that for new Labor to be filed, your job role must be more than 50% different to be justified in case of a RFE.
Step 3 might also require an amendment to your H1B. I am not very sure about how exactly this goes. Potentially, I think you can also change employer and apply again from new employer as long as the I-140 is not revoked by the previous employer.
I hope this helps.
Cheers,
Gaurav
Hi, I just got my LC approved after about 7 months of waiting as EB3, My PD is Sep 08. Its now time to start filing for the I-140, what can I do to port my EB3 to EB2? (I'm from Europe and I have 6 years of work experience and a MS Finance degree from a US university).
Do I need to "change" job within my company?
Do I need to redo all the work (job postings, PERM application etc) even that I have my LC approved?
1. Most likely if you are in EB3, your labor PERM application would have only required things that qualify you for EB3. So the same labor cannot be used to file for EB2.
2. You should go ahead and file for I-140. It is imperative that you be employed in the same/similar job as your EB3 application when I-140 is filed for, in case there is an RFE (request for evidence).
3. Once your I-140 is approved, I think you get some flexibility in moving within the organization and you could be moved to a role with different job requirements. These job requirements might qualify you for a EB2 job role. You can then file for a EB2 labor PERM(job postings, application etc). Once this labor is approved, when you file the I-140 for this, you can ask that the priority date be ported. Most certainly there will be an RFE for this I-140 application. Some employer attroneys (esp those conservative) require that for new Labor to be filed, your job role must be more than 50% different to be justified in case of a RFE.
Step 3 might also require an amendment to your H1B. I am not very sure about how exactly this goes. Potentially, I think you can also change employer and apply again from new employer as long as the I-140 is not revoked by the previous employer.
I hope this helps.
Cheers,
Gaurav
Hi, I just got my LC approved after about 7 months of waiting as EB3, My PD is Sep 08. Its now time to start filing for the I-140, what can I do to port my EB3 to EB2? (I'm from Europe and I have 6 years of work experience and a MS Finance degree from a US university).
Do I need to "change" job within my company?
Do I need to redo all the work (job postings, PERM application etc) even that I have my LC approved?
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jsb
11-05 02:20 PM
Friends,
Looking at this 180 rule. I feel getting through this 180 days is being hell.
All this becuase we need freedom and going through rough times.
Good luck to one and all.
What if USCIS had not screwed up by using all "C"s in July bulletin? You would not have even filed AOS !! Think positively. And don't show even a sign that you are waiting for 180 days; just count them inside. Until then your sponsor can pull the plug anytime by revolking your I-140, and if that happens, you are back to square one.
Looking at this 180 rule. I feel getting through this 180 days is being hell.
All this becuase we need freedom and going through rough times.
Good luck to one and all.
What if USCIS had not screwed up by using all "C"s in July bulletin? You would not have even filed AOS !! Think positively. And don't show even a sign that you are waiting for 180 days; just count them inside. Until then your sponsor can pull the plug anytime by revolking your I-140, and if that happens, you are back to square one.
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hobbyaddict
December 1st, 2008, 04:24 PM
Be careful with your answer Owen... You already know what could happen with the thread... If everything goes as planned I'll be giving it a work out while shooting a gymnastics event this weekend. I can easly take thousands of shots during the event...
Last year I had to get up close and use a 50mm 1.8 lense with the d200 due to the poor lighting. I am hoping that I will be able to use the 70-200 2.8vr lense along with the d300. I have to stay a bit behind in the technology, so that I can afford new equipment ;) Who knows maybe I'll be able to pay for a good chunk of it with sales from the event ;)
I hope that it performs better in the high iso ranges as I have read.
I am excited... it's an addiction
-Ed
Last year I had to get up close and use a 50mm 1.8 lense with the d200 due to the poor lighting. I am hoping that I will be able to use the 70-200 2.8vr lense along with the d300. I have to stay a bit behind in the technology, so that I can afford new equipment ;) Who knows maybe I'll be able to pay for a good chunk of it with sales from the event ;)
I hope that it performs better in the high iso ranges as I have read.
I am excited... it's an addiction
-Ed
gcretroiv
02-10 09:30 AM
you are screwed, yes seriously
Why did u change employer, w/o getting any info about filing with ne wemployer befor ahead.
If you file in 2008 (No matter whetehr it is Eb2 or Eb3), as per present situation u can forget for next 10 + years.
Why did u change employer, w/o getting any info about filing with ne wemployer befor ahead.
If you file in 2008 (No matter whetehr it is Eb2 or Eb3), as per present situation u can forget for next 10 + years.
iv_only_hope
08-15 01:34 PM
Thanks . what is I-824 again? and where do we file it too?