northstar1
07-26 03:08 PM
For me, my attorney's filed successor in interest I-140 after I filed I-485 due to merger. I faced no issues with this process and you can request them to file the same at your end. This did not affect my I-485.
Thanks
Do you know if your successor in interest i-140 has been approved
Thanks
Do you know if your successor in interest i-140 has been approved
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Dhundhun
03-31 02:10 PM
I think getting salary regulary but salary slip after three or more months is common scenario in industry (deleberate attempt by employers, so that H1B transfer can't be filed). I have faced this music, my kid facing it and I am sure many people facing this.
I was lucky to go about it, USCIS did not ask at the time of transfer. Need to get idea, how others have handled it. Does bank statement work in this case?
I was lucky to go about it, USCIS did not ask at the time of transfer. Need to get idea, how others have handled it. Does bank statement work in this case?
radhay
05-06 07:50 AM
Hi, Did they also request paystubs in the RFE ?
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purgan
05-02 11:24 AM
Just as Robert Rector said yesterday that High Skill Immigration needs to be "encouraged", today we have Loo Dobbs shedding sympathy for legal immigrants like ourselves stuck in the backlog...
It would be tempting to believe in words of Rector and Dobbs, however whenever the time comes to provide relief to legal immigrants like ourselves, they show their true Anti-Immigrant colors. How many times have you heard of Rector and Dobbs advocating backlog relief??? Not once....nada, zilch, zero times.
This is precisely why people like Rector and Dobbs have zero credibility on even legal immigration...
===
http://www.cnn.com/2007/US/05/01/Dobbs.May2/index.html
What a spectacle, what a mess. What a day for thousands and thousands of illegal aliens and their supporters to march through the streets of many of our biggest cities demanding amnesty for illegally entering the country.
Tuesday was given over to illegal aliens and their supporters to demand forgiveness for using fraudulent documents and assisting others in entering this country illegally. What a day for illegal aliens and their supporters to demand not only amnesty but also the end to immigration raids and an end to deportations.
May Day was a peculiar choice for those demonstrations, a day in many countries in which international socialism is celebrated and a reminder of those old Soviet Union military parades.
It was also an unfortunate and ironic choice on the part of the organizers of the demonstrations. May 1 in the United States is actually Law Day, a day first established by President Eisenhower in 1958 and ultimately codified into law in 1961 at the beginning of John F. Kennedy's administration. The purpose of Law Day is to give all Americans an opportunity to reflect on our legal heritage, and by statute, encourages "the cultivation of the respect for law that is so vital to the democratic way of life."
I'll bet you know about the illegal alien amnesty marches, but I don't know of a single news organization, electronic or print that pointed out that May 1 is America's Law Day. The cable news networks gave almost wall-to-wall coverage to the illegal alien demonstrations, but they apparently couldn't find any American celebrating Law Day.
And no one seems to want to take note that we are first a nation of laws, and that without those laws and their enforcement, the foundation of our great republic turns to sand. What a spectacle on Law Day for demonstrators to demand amnesty for those who broke the law to enter our country, many of whom also broke the law with fraudulent documents.
And what a mess when the president of the United States and the U.S. Congress are pandering to a group of people who are not citizens and refuse to demand enforcement of our immigration laws, our criminal laws, and fails to secure our borders and ports.
I couldn't help but wonder as I watched monitors bringing images of the marches and demonstrations from all across the country, who should really be protesting on May Day. What about the millions of legal residents who followed the long, drawn-out process to secure a visa to enter the United States lawfully? Maybe they should be protesting. What about the seven-figure backlog at the Citizenship and Immigration Services agency of people who are following the rules. Should they demonstrate?
What about all of our fellow Americans who are being marginalized by the massive importation of illegal, low-cost and mostly uneducated labor into this country? Perhaps those citizens should take to the streets. And what about the more than 250 million Americans who make up our middle class and those who aspire to it whose wages have stagnated and who are paying for the social, medical and economic costs of illegal immigration? That's a big march.
If yesterday's demonstrators and their supporters in Congress and corporate America are serious about their deep desire for American citizenship, why don't we hear any of them clearly say they're willing to give up dual citizenship? Or that they're willing to learn English and surrender demands of bilingual education? Or declare they embrace English as our official national language? Or demand that illegal employers of illegal aliens pay for the social, educational and medical costs now borne by the taxpayers?
Yesterday was Law Day. I hope that we celebrate Law Day with a great national enthusiasm next May 1. I guarantee you I'll march in that demonstration.
It would be tempting to believe in words of Rector and Dobbs, however whenever the time comes to provide relief to legal immigrants like ourselves, they show their true Anti-Immigrant colors. How many times have you heard of Rector and Dobbs advocating backlog relief??? Not once....nada, zilch, zero times.
This is precisely why people like Rector and Dobbs have zero credibility on even legal immigration...
===
http://www.cnn.com/2007/US/05/01/Dobbs.May2/index.html
What a spectacle, what a mess. What a day for thousands and thousands of illegal aliens and their supporters to march through the streets of many of our biggest cities demanding amnesty for illegally entering the country.
Tuesday was given over to illegal aliens and their supporters to demand forgiveness for using fraudulent documents and assisting others in entering this country illegally. What a day for illegal aliens and their supporters to demand not only amnesty but also the end to immigration raids and an end to deportations.
May Day was a peculiar choice for those demonstrations, a day in many countries in which international socialism is celebrated and a reminder of those old Soviet Union military parades.
It was also an unfortunate and ironic choice on the part of the organizers of the demonstrations. May 1 in the United States is actually Law Day, a day first established by President Eisenhower in 1958 and ultimately codified into law in 1961 at the beginning of John F. Kennedy's administration. The purpose of Law Day is to give all Americans an opportunity to reflect on our legal heritage, and by statute, encourages "the cultivation of the respect for law that is so vital to the democratic way of life."
I'll bet you know about the illegal alien amnesty marches, but I don't know of a single news organization, electronic or print that pointed out that May 1 is America's Law Day. The cable news networks gave almost wall-to-wall coverage to the illegal alien demonstrations, but they apparently couldn't find any American celebrating Law Day.
And no one seems to want to take note that we are first a nation of laws, and that without those laws and their enforcement, the foundation of our great republic turns to sand. What a spectacle on Law Day for demonstrators to demand amnesty for those who broke the law to enter our country, many of whom also broke the law with fraudulent documents.
And what a mess when the president of the United States and the U.S. Congress are pandering to a group of people who are not citizens and refuse to demand enforcement of our immigration laws, our criminal laws, and fails to secure our borders and ports.
I couldn't help but wonder as I watched monitors bringing images of the marches and demonstrations from all across the country, who should really be protesting on May Day. What about the millions of legal residents who followed the long, drawn-out process to secure a visa to enter the United States lawfully? Maybe they should be protesting. What about the seven-figure backlog at the Citizenship and Immigration Services agency of people who are following the rules. Should they demonstrate?
What about all of our fellow Americans who are being marginalized by the massive importation of illegal, low-cost and mostly uneducated labor into this country? Perhaps those citizens should take to the streets. And what about the more than 250 million Americans who make up our middle class and those who aspire to it whose wages have stagnated and who are paying for the social, medical and economic costs of illegal immigration? That's a big march.
If yesterday's demonstrators and their supporters in Congress and corporate America are serious about their deep desire for American citizenship, why don't we hear any of them clearly say they're willing to give up dual citizenship? Or that they're willing to learn English and surrender demands of bilingual education? Or declare they embrace English as our official national language? Or demand that illegal employers of illegal aliens pay for the social, educational and medical costs now borne by the taxpayers?
Yesterday was Law Day. I hope that we celebrate Law Day with a great national enthusiasm next May 1. I guarantee you I'll march in that demonstration.
more...
go_guy123
09-16 04:38 PM
I
So, bottom line is CIR will pass after health care. But, I'll not bet too much on provisions for 'legal immigrants'. Since we are the only dog bone that 'Donkeys' have got to gain any required support for CIR. We need to work hard to get our provisions on the first draft and do everything possible to be included in the final version of the bill.
My ramblings anyways....
You are right on target....EB2/3 reform is the only bone that CIR lobby has to get
support for CIR. And they will hold EB2/3 reform hostage till that time.
So, bottom line is CIR will pass after health care. But, I'll not bet too much on provisions for 'legal immigrants'. Since we are the only dog bone that 'Donkeys' have got to gain any required support for CIR. We need to work hard to get our provisions on the first draft and do everything possible to be included in the final version of the bill.
My ramblings anyways....
You are right on target....EB2/3 reform is the only bone that CIR lobby has to get
support for CIR. And they will hold EB2/3 reform hostage till that time.
san3297
03-23 08:34 AM
Hi,
I currently have a lowtraffic website with no ads.I am planning to add some adds like googleads,yahoo adwords etc..The thing is i need to give them my ssn while regestering for them and payment check will be made on my personal name.As iam currently on H1 i am in dilemma whether i can take this payments or not.Does anyone aware of dos and donots in this case.Thank you.
I currently have a lowtraffic website with no ads.I am planning to add some adds like googleads,yahoo adwords etc..The thing is i need to give them my ssn while regestering for them and payment check will be made on my personal name.As iam currently on H1 i am in dilemma whether i can take this payments or not.Does anyone aware of dos and donots in this case.Thank you.
more...
xyzqwer
01-22 11:05 AM
Hello,
Here is my situation.
- I'm under EB2 - RoW category. My I-140 just got approved and I was preparing to file for my I-485 (current)
- I went to the Bahamas last week to get my 3 year H1B renewal stamping but it was denied due to employer issues and I was forced to go back to India.
- Now I cant go back to US to file my 485. My company is still offering to help me on my GC.
I'm still reeling from the shock of my H1B denial. What are my options now?
Is Consular processing the way to go? Will loosing my H1B status have any effect on CP?
Should I start CP immediately or can I wait a few months to try to get back to the US on a new H1B?
Can anyone point me to some online materials detailing CP.
Thanks in advance.
Here is my situation.
- I'm under EB2 - RoW category. My I-140 just got approved and I was preparing to file for my I-485 (current)
- I went to the Bahamas last week to get my 3 year H1B renewal stamping but it was denied due to employer issues and I was forced to go back to India.
- Now I cant go back to US to file my 485. My company is still offering to help me on my GC.
I'm still reeling from the shock of my H1B denial. What are my options now?
Is Consular processing the way to go? Will loosing my H1B status have any effect on CP?
Should I start CP immediately or can I wait a few months to try to get back to the US on a new H1B?
Can anyone point me to some online materials detailing CP.
Thanks in advance.
2010 Nopi
speddi
09-14 10:20 AM
Thank you but the address listed is to Chicago. I will be sending to Texas Service Center. I couldnt find that address.
more...
kmk2002
01-09 10:38 PM
Thanks for the document.
But I think it does not cover 140 & 485 related expenses or contracts tied to these application.
Thats interesting...will this new law cover agreement signed before 2007?
Effective June 2007, any agreement relating to recovering immigration fees from employees, or asking them to work for specific period after getting GC, are illegal. You can find details on the following link.
http://www.lanepowell.com/pdf/pubs/ih_2007_002.pdf
But I think it does not cover 140 & 485 related expenses or contracts tied to these application.
Thats interesting...will this new law cover agreement signed before 2007?
Effective June 2007, any agreement relating to recovering immigration fees from employees, or asking them to work for specific period after getting GC, are illegal. You can find details on the following link.
http://www.lanepowell.com/pdf/pubs/ih_2007_002.pdf
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psaxena
07-07 12:43 PM
Shy to forums
Why can't your friend post this himself?
You are such a good friend that you care about his immigration needs. ;)
Why can't your friend post this himself?
You are such a good friend that you care about his immigration needs. ;)
more...
rockstart
09-18 08:41 AM
I have filed on August 10th and I do not have a receipt either. I guess we need to be patient. I have checked even people with July 19th are waiting.
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nonimmi
10-19 03:46 PM
If you applied for labor through PERM and have a copy of you PERM application, the DOL o*net code is listed in section F. Box 2. of the ETA 9089 form. This code can then be looked up at the o*net web site: http://online.onetcenter.org/find/
Do you know how to find this DOL o*net code for non-PERM cases?
Do you know how to find this DOL o*net code for non-PERM cases?
more...
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makemygc
06-14 11:20 AM
Any one???
I have the same question which I posted on another thread. I'm sure several people must be in this dilemma. With the immigration-law.com posting on this matter, it is now a matter for worry.
Note from Immigration-law:-
It is uncertain how this visa number change will affect the pending H-1B extension petitions beyond six years under 104(c) based on the approved I-140 petition. There is some chance that it may be denied. Additionally, those who need H-1B extension beyond six years and are not eligible for one-year increment extention because 360 days have not passed since the filing of labor certification or I-140 petition (labor certification waiver cases) will face a problem in extending the H-1B status. They should, however, take advantage of 245(K) benefit that makes I-485 eligible inasmuch as the unauthorized employment or unalwful status did not last more than 180 days since the latest admission to the United States. Those who can file the I-485 timely under 245(K) should cease employment before it reaches 180 days and wait for the EAD approval. Record keeping will be extremely important in this case.
Can someone answer please???
I have the same question which I posted on another thread. I'm sure several people must be in this dilemma. With the immigration-law.com posting on this matter, it is now a matter for worry.
Note from Immigration-law:-
It is uncertain how this visa number change will affect the pending H-1B extension petitions beyond six years under 104(c) based on the approved I-140 petition. There is some chance that it may be denied. Additionally, those who need H-1B extension beyond six years and are not eligible for one-year increment extention because 360 days have not passed since the filing of labor certification or I-140 petition (labor certification waiver cases) will face a problem in extending the H-1B status. They should, however, take advantage of 245(K) benefit that makes I-485 eligible inasmuch as the unauthorized employment or unalwful status did not last more than 180 days since the latest admission to the United States. Those who can file the I-485 timely under 245(K) should cease employment before it reaches 180 days and wait for the EAD approval. Record keeping will be extremely important in this case.
Can someone answer please???
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BharatPremi
11-21 01:30 PM
Happy Thanks Giving to IV family.
Happy Thanks giving to USCIS,DOS, Homeland Security and FBI
Happy Thanks giving to USCIS,DOS, Homeland Security and FBI
more...
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bbenhill
10-07 09:32 PM
Hi, thank u all for the reply .. I will go ahead and go for my vac ..
i guess I am worrying too much ... :-)
i guess I am worrying too much ... :-)
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krishnam70
05-01 04:51 PM
Until you know the reason for denial, its difficult to give any opinion. If you know the chances are very low if you are going for appeal, I would still advise you for that to get some time.
1. When your appeal is pending you can use the approved PERM to get your H1B if you are beyond 6 years.
2. If your I-140 is denied, it will trigger the I-485 denial.
3. If your I-485 is denied, the EAD is become invalid. Then I am not sure about the AP status.
I am not sure but think you can use EAD if you go for appeal...
So its always good to have H1B as back up for EAD and AP. At least you will be in status.
you need to wait for the denial letter and see what can be done.
- cheers
kris
1. When your appeal is pending you can use the approved PERM to get your H1B if you are beyond 6 years.
2. If your I-140 is denied, it will trigger the I-485 denial.
3. If your I-485 is denied, the EAD is become invalid. Then I am not sure about the AP status.
I am not sure but think you can use EAD if you go for appeal...
So its always good to have H1B as back up for EAD and AP. At least you will be in status.
you need to wait for the denial letter and see what can be done.
- cheers
kris
more...
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lostinbeta
11-18 04:03 PM
WOO HOO!!!!!!!!!!!!!!!!!!!!!!!
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gc_chahiye
10-17 03:32 PM
10/17/2007: EAD and Impact on H-1B Status for EB-485 Applicants in H-1B Nonimmigrant Status
The issue of impact of the EAD and Advance Parole on the nonimmigrant status of I-485 applicants is governed by the old INS memorandum of Michael Cronin, Associate Commissioner, in May 25, 2000. This memorandum clarified two points on the impact of EAD and AP on the 485 applicant's H-1B nonimmigrant status as follows:
Application vs. Use of EAD or Advance Parole: Applying for and obtaining approval of EAD or Advance Parole does not affect the 485 applicant's "nonimmigrant status" including H and L. However, once the alien starts work using an EAD or travels on Advance Parole, the alien is considered no longer in a nonimmigrant status including H and L.
Impact of Using EAD for Another Employer Using EAD: The memorandum states: Question: If an H-1 or L-1 nonimmigrant or H-4 or L-2 dependent family member obtains an EAD based on their application for adjustment of status but does not use it to obtain employment, is the alien still maintaining his/her nonimmigrant status? Answer: Yes. The fact that an H or L nonimmigrant is granted an EAD does not cause the alien to violate his/her nonimmigrant status. There may be legitimate reasons for an H or L nonimmigrant to apply for an EAD on the basis of a pending application for adjustment of status. However, an H-I or L-1 nonimmigrant will violate his/her nonimmigrant status if s/he uses the EAD to leave the employer listed on the approved 1-129 petition and engage in employment for a separate employer.
Unmarried H-1B professionals in I-485 proceeding should seek legal counsel before they attempt to go into an open market seeking employment using EAD.
Source:
www.immigration-law.com
interesting. but it still does not answer one question: What happens if you continue working on H1B for primary employer per guidelines of I-129 petition (ie. 40 hours a week) and then use EAD to work part-time for someone else.
Does that 'kill' the H1 petition? MOst lawyers say it does, a couple of them say it does not, since you are fullfilling all your I-129 requirements with your primary employer
The issue of impact of the EAD and Advance Parole on the nonimmigrant status of I-485 applicants is governed by the old INS memorandum of Michael Cronin, Associate Commissioner, in May 25, 2000. This memorandum clarified two points on the impact of EAD and AP on the 485 applicant's H-1B nonimmigrant status as follows:
Application vs. Use of EAD or Advance Parole: Applying for and obtaining approval of EAD or Advance Parole does not affect the 485 applicant's "nonimmigrant status" including H and L. However, once the alien starts work using an EAD or travels on Advance Parole, the alien is considered no longer in a nonimmigrant status including H and L.
Impact of Using EAD for Another Employer Using EAD: The memorandum states: Question: If an H-1 or L-1 nonimmigrant or H-4 or L-2 dependent family member obtains an EAD based on their application for adjustment of status but does not use it to obtain employment, is the alien still maintaining his/her nonimmigrant status? Answer: Yes. The fact that an H or L nonimmigrant is granted an EAD does not cause the alien to violate his/her nonimmigrant status. There may be legitimate reasons for an H or L nonimmigrant to apply for an EAD on the basis of a pending application for adjustment of status. However, an H-I or L-1 nonimmigrant will violate his/her nonimmigrant status if s/he uses the EAD to leave the employer listed on the approved 1-129 petition and engage in employment for a separate employer.
Unmarried H-1B professionals in I-485 proceeding should seek legal counsel before they attempt to go into an open market seeking employment using EAD.
Source:
www.immigration-law.com
interesting. but it still does not answer one question: What happens if you continue working on H1B for primary employer per guidelines of I-129 petition (ie. 40 hours a week) and then use EAD to work part-time for someone else.
Does that 'kill' the H1 petition? MOst lawyers say it does, a couple of them say it does not, since you are fullfilling all your I-129 requirements with your primary employer
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hmehta
06-20 05:20 PM
Hi Swati/Aradhana:
I just sent you an email, I live in the Los Angeles area.
I just sent you an email, I live in the Los Angeles area.
Jimi_Hendrix
01-01 04:37 PM
Well we are still waiting for people from 2001 to get their green cards. I don't know how huge an impact recession is going to have.
Winner
10-09 11:03 AM
I see people cursing, hoping, praying etc. But very few understand how bad the situation is.
Wake up and get active! Least you can do is sign-up for monthly contributions; at least we will have the money to fight this uphill battle
Wake up and get active! Least you can do is sign-up for monthly contributions; at least we will have the money to fight this uphill battle
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