LegalIndianInUSA
09-11 10:29 PM
http://www.uslawnet.com/Englishhome/News/messages/234.htm
Yes, Im aware of the Cronin memo, and also the clarification on murthy.com below
http://www.murthy.com/news/n_efftrv.html
But, If you read the memo correctly, the language is vague at best, with references to a final rule that I couldnt find. Even the interim memo(Cronin) isnt available from the USCIS website.
My goal was not to restart the discussion on this. I simply wanted suggestions on how to approach USCIS to get clarity on this situation. Some options would be
1. Call USCIS : but do the people answering the call know the rules, and is their "interpretation" valid ?
2. Get an Infopass appt: Again, an IO may not be the right person responding to this
3. Contact the USCIS director : possible? how?
4. Contact AILA
5. Contact the Ombudsman
If anyone has thoughts and suggestions about how to get this clarified, please advise. My goal is to get a document from USCIS authoritatively stating their stance on this situation.
Yes, Im aware of the Cronin memo, and also the clarification on murthy.com below
http://www.murthy.com/news/n_efftrv.html
But, If you read the memo correctly, the language is vague at best, with references to a final rule that I couldnt find. Even the interim memo(Cronin) isnt available from the USCIS website.
My goal was not to restart the discussion on this. I simply wanted suggestions on how to approach USCIS to get clarity on this situation. Some options would be
1. Call USCIS : but do the people answering the call know the rules, and is their "interpretation" valid ?
2. Get an Infopass appt: Again, an IO may not be the right person responding to this
3. Contact the USCIS director : possible? how?
4. Contact AILA
5. Contact the Ombudsman
If anyone has thoughts and suggestions about how to get this clarified, please advise. My goal is to get a document from USCIS authoritatively stating their stance on this situation.
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frostrated
09-30 07:01 PM
no. Comp A cannot apply for H1 extension as the PERM labor is not held by them. What you can do is get an EAD and continue to work for Company A, but then Company A will have to take over the process using AC21
INDIAUSGC
06-12 01:52 PM
Gurus..
My labor has been pending from Jan 03. I am having a combined Bachelor's degree which was not mentioned in the Form 750A[mentioned as Bachelors] I came to know that couple of days back after my attorney informed me that she had sent a amendment latter to change my status two months back after waiting for 3 long years to add "combination of Bachelor's degree".
Should I be really worried at this stage and did any body had this problem or did you amend the 750A form from PBEC.
Guru�s please giving your advice.
Indian-US-GC.
My labor has been pending from Jan 03. I am having a combined Bachelor's degree which was not mentioned in the Form 750A[mentioned as Bachelors] I came to know that couple of days back after my attorney informed me that she had sent a amendment latter to change my status two months back after waiting for 3 long years to add "combination of Bachelor's degree".
Should I be really worried at this stage and did any body had this problem or did you amend the 750A form from PBEC.
Guru�s please giving your advice.
Indian-US-GC.
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newtoearth
03-15 12:26 AM
Please reply
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YetAnotherDesi
12-25 12:13 AM
Friends,
I am currently working at a systems company based on my EAD (H1 has expired). PD is Jun 2006.
I intend to marry a woman who is currently on F1 visa. I would like to know if there are any pitfalls from immigration point of view.
I understand that she can get an EAD only when my PD becomes current.
Can she file her I-485 petition based on my approved I-140? If yes, would she continue in F1 status (or what will her status be?).
Any other potential pitfalls in this particular scenario?
Any pointers would be useful.
Thanks in advance.
MC
I am currently working at a systems company based on my EAD (H1 has expired). PD is Jun 2006.
I intend to marry a woman who is currently on F1 visa. I would like to know if there are any pitfalls from immigration point of view.
I understand that she can get an EAD only when my PD becomes current.
Can she file her I-485 petition based on my approved I-140? If yes, would she continue in F1 status (or what will her status be?).
Any other potential pitfalls in this particular scenario?
Any pointers would be useful.
Thanks in advance.
MC
MARY_GC
07-23 01:45 AM
Hi,
I have applied my I-485 (EB3, PD - 2004 Feb) last week. Planning to file EB2 PERM with the same employer next week for porting the EB3 dates. My doubts are
1) Can we file an interim application at I-485 stage for porting the EB3 priority date for EB2, rather than filing a second I-485?
2) After the EB2 I-140 approval, do we need to wait for my priority dates to become current for submitting the interim application for EB2 I-485?
3) I am doing this for getting the GC comparitively earlier. But is there any issues/threats for doing like this?
Gurus, please comment the pros and cons of this.
I have applied my I-485 (EB3, PD - 2004 Feb) last week. Planning to file EB2 PERM with the same employer next week for porting the EB3 dates. My doubts are
1) Can we file an interim application at I-485 stage for porting the EB3 priority date for EB2, rather than filing a second I-485?
2) After the EB2 I-140 approval, do we need to wait for my priority dates to become current for submitting the interim application for EB2 I-485?
3) I am doing this for getting the GC comparitively earlier. But is there any issues/threats for doing like this?
Gurus, please comment the pros and cons of this.
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gc03
12-20 03:57 PM
nice article by IV!
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seratbabu
01-02 09:40 PM
Dont forget to include your (Main Appilcant's) I485 receipt copy. I got an RFE for not including that.
Please see my post for details - http://immigrationvoice.org/forum/forum76-travel-out-of-country-and-re-entry-during-after-485-filing/1599779-spouse-ap-rfe-self-filed-e-filed-please-suggest.html
1.485 Copy
2.Previous copy of AP
3.Two Photos
4.Confirmation copy (If you E-Filed)
Please see my post for details - http://immigrationvoice.org/forum/forum76-travel-out-of-country-and-re-entry-during-after-485-filing/1599779-spouse-ap-rfe-self-filed-e-filed-please-suggest.html
1.485 Copy
2.Previous copy of AP
3.Two Photos
4.Confirmation copy (If you E-Filed)
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fcres
06-29 04:00 PM
I had EAD from Aug 2007 to July 2008 which i never used. Now i would like to get EAD again. Should i file it as renewal or applying for a new one? TIA
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anandrajesh
01-31 10:07 PM
Correct, donot waste your time predicting, rather use it for packing your bags!!
Absolutely... As days go by, i am inclined more on packing my bags and leaving, than pursuing my American Dream.
All these predictions are joke. Dont waste your time. Admins should close this Thread.
Absolutely... As days go by, i am inclined more on packing my bags and leaving, than pursuing my American Dream.
All these predictions are joke. Dont waste your time. Admins should close this Thread.
more...
desixp
01-21 12:51 PM
Hi,
Passport will be with the consulate during the PIMS verification. How is someone going to come on AP.
Thanks,
DesiXP
Passport will be with the consulate during the PIMS verification. How is someone going to come on AP.
Thanks,
DesiXP
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nmdial
08-21 01:57 PM
Prashanthi,
Thanks a lot for your prompt reply. I guess, there isn't really a sure way of ensuring J1 visa stamping given my situation.
Thanks a lot for your prompt reply. I guess, there isn't really a sure way of ensuring J1 visa stamping given my situation.
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icleric
08-07 07:33 AM
oh, and welcome to KF ;)
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danmansukh
02-06 11:05 AM
Question1) Is there anything like a H1Btransfer or is it a brand new application??
Yes, company B will need to file an H1 transfer
Question2) Does this H1B transfer go through the 65,000 quota system?? Is there a chance my H1B transfer can be rejected because I did not make it in the 65,000?
H1 B transfers are not counted against teh 65, 000 quota.
Question3) When can I start working for Company B?
Question4) Company B said that I should only inform Company A after I get a receipt from USCIS about my H1B transfer. If Company A matches up the salary what Company B is offering me after I inform them and I still havent started working with Company B, can I stay with Company A? If yes, What about the H1B transfer application by Company B?
You can start working with Company B once you get the receipt of filing. There is no need for you to join company B even after they have filed for your transfer. - you can continue to work with company A.
Yes, company B will need to file an H1 transfer
Question2) Does this H1B transfer go through the 65,000 quota system?? Is there a chance my H1B transfer can be rejected because I did not make it in the 65,000?
H1 B transfers are not counted against teh 65, 000 quota.
Question3) When can I start working for Company B?
Question4) Company B said that I should only inform Company A after I get a receipt from USCIS about my H1B transfer. If Company A matches up the salary what Company B is offering me after I inform them and I still havent started working with Company B, can I stay with Company A? If yes, What about the H1B transfer application by Company B?
You can start working with Company B once you get the receipt of filing. There is no need for you to join company B even after they have filed for your transfer. - you can continue to work with company A.
more...
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paystubissue
03-17 09:15 PM
Hi All,
Thanks for the reply. Now I got some good idea.I will check with my lawyer too.
Regards
Thanks for the reply. Now I got some good idea.I will check with my lawyer too.
Regards
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gccovet
10-07 12:10 PM
Folks,
I need to find document or URL which states that "Employer is responsible to pay for H1B extension for its employee" OR it is illegal for employee to pay for H1B extensions.
Could somebody help me find that document/memo? I am trying to google it as well.
I need to submit this to my HR urgently (Red tape process :-( ). I will very much appreciate if somebody has the link/doc/memo handy and point me to it.
Thanks a lot in advance
GCCovet.
I need to find document or URL which states that "Employer is responsible to pay for H1B extension for its employee" OR it is illegal for employee to pay for H1B extensions.
Could somebody help me find that document/memo? I am trying to google it as well.
I need to submit this to my HR urgently (Red tape process :-( ). I will very much appreciate if somebody has the link/doc/memo handy and point me to it.
Thanks a lot in advance
GCCovet.
more...
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kumarc123
03-24 04:04 PM
Well they may created it new but the content is old and system needs to be fixed.
You are right, the million dollar question is, when will they fix the system?
You are right, the million dollar question is, when will they fix the system?
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feedfront
05-07 02:48 PM
As long as company's tax id remains same, it does not matter. Talk to your attorney.
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validIV
02-04 12:57 PM
Yea now I see your problem. When I applied for my F-1, my parents had not yet filed their I-140. Yours, on the other hand, has already been approved.
The worst thing that I can think of is changing status to F-1 is denied.
The worst thing that I can think of is changing status to F-1 is denied.
gc_chahiye
10-24 04:01 PM
Can anyone please share info on conversion of EB3 to EB2 after applying for 485 ?. Our lawyer now suggests that they cant apply for EB2 and they have to revoke EB3 application.. Is this applicable to even apply for EB2 labor and subsequent I140. I thought we need to revoke 485 only when we are about to apply for new 485. Also, please let me know if we can apply for EB2 when you are in EAD status and has not invoked AC21. Sorry, if this question was already answered in the forum.
you can start a new LC in EB2 anytime, irrespective of whether you are in EAD, h1, AC21, in the country, outside the country, travelling in space. No restrictions...
The only risk with what you are trying to do is if you try to file EB2 for the same position for which you had earlier filed in EB3 (ie. job duties and position are the same) you can get queries from USCIS about it. Make sure this position (or job duties) are different. Search the mesage boards, this topic has been discussed earlier
you can start a new LC in EB2 anytime, irrespective of whether you are in EAD, h1, AC21, in the country, outside the country, travelling in space. No restrictions...
The only risk with what you are trying to do is if you try to file EB2 for the same position for which you had earlier filed in EB3 (ie. job duties and position are the same) you can get queries from USCIS about it. Make sure this position (or job duties) are different. Search the mesage boards, this topic has been discussed earlier
shreekhand
09-18 12:39 PM
It all depends on their background check and security requirements.
As a non-US citizen your EAD has the same worth as a H1B for these jobs. Same is the case for LPR's for US Federal jobs with various security clearance checks (where only US Citizens can apply).
As a non-US citizen your EAD has the same worth as a H1B for these jobs. Same is the case for LPR's for US Federal jobs with various security clearance checks (where only US Citizens can apply).
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