hmehta
08-08 01:49 PM
May not be direct answer to your question, but I had the same issue 3 years back - though my situation was a little bit different as I was changing dept. within the company - i also had arguments from both sides of the fences......eventually the company lawyer went ahead and filed an AMMENDED H1-B!!!!!......And on my GC application it has been shown as 2 different jobs.....now the sad part....when I suggested to the lawyer to file in EB-2 category instead of EB-3 (I know it also depends on the job description) because I had experience (previous job in the same company) + MS degree......the same lawyer said that it is not counted as 2 separate jobs because you were in the same company:(.......might be he was correct both the time (though I have my own doubts).....but I would advise to do what the lawyer suggests......unless you have some solid proof to back your theory!!!
:(
Hi folks,
Here's my situation:
Currently applied for 485 and waiting for receipt
Will be applying for EAD/AP this week.
I am working Company XYZ, in State A, City A currently and will be transferring to State B, City B within the same company, with the same job designation/description etc., absolutely no changes on that front and virtually no change in salary but in compliance with prevailing wage etc. for State B, City B.
Also the transfer is not going to affect my 485 because of my 140 which said "relocation within the US may be necessary" and this was expected when I started my GC.
The issue is with a technicality - my PERM was for XYZ, Inc and the same company in State B is called XYZ Engineering Inc, technically 2 different companies and that's because every state has its own rules as to how a national company can be registered/operated.
Coming to my question re H1B:
My corporate attorney says that due to this technicality, my H1B needs to be AMENDED which according to my GC attorney is the same as applying for a new H1B but not having to wait in line. My question is whether this will have a negative impact on my pending 485/EAD/AP in any way.
Please advice. Anything will help.
Thanks in advance.
:(
Hi folks,
Here's my situation:
Currently applied for 485 and waiting for receipt
Will be applying for EAD/AP this week.
I am working Company XYZ, in State A, City A currently and will be transferring to State B, City B within the same company, with the same job designation/description etc., absolutely no changes on that front and virtually no change in salary but in compliance with prevailing wage etc. for State B, City B.
Also the transfer is not going to affect my 485 because of my 140 which said "relocation within the US may be necessary" and this was expected when I started my GC.
The issue is with a technicality - my PERM was for XYZ, Inc and the same company in State B is called XYZ Engineering Inc, technically 2 different companies and that's because every state has its own rules as to how a national company can be registered/operated.
Coming to my question re H1B:
My corporate attorney says that due to this technicality, my H1B needs to be AMENDED which according to my GC attorney is the same as applying for a new H1B but not having to wait in line. My question is whether this will have a negative impact on my pending 485/EAD/AP in any way.
Please advice. Anything will help.
Thanks in advance.
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sertasheep
05-30 05:14 PM
Thats great news, berkeleybee. You should probably point out that several members may have contributed hundreds or even thousands of dollars,
(including the core team.)
This is a great achievement. I deeply respect the involvement and the efforts of the core team members.
:)
(including the core team.)
This is a great achievement. I deeply respect the involvement and the efforts of the core team members.
:)
amsgc
01-22 09:57 PM
Now that you have your answer, let me ask you a question -
Are you going to write to the lawmakers/president today, or are you going to sleep for now and wake up a year later?
I hate to break this to you, but your sense of optimism needs a reality check.
Thanks you very much. Anyways it going to take atleast a year for these to go get over if at all. And if by any chance if its made current when both are done, wishful thinking but being optimistic is better than nothing.
Are you going to write to the lawmakers/president today, or are you going to sleep for now and wake up a year later?
I hate to break this to you, but your sense of optimism needs a reality check.
Thanks you very much. Anyways it going to take atleast a year for these to go get over if at all. And if by any chance if its made current when both are done, wishful thinking but being optimistic is better than nothing.
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gg_ny
02-16 06:07 PM
I bet you are kidding. If you aren't, then what I meant was various rules and regulations that come with each application, application process available from USCIS. One good way is to go to state.gov or to popular immi law education sites of lawyers (google comes handy here).
Where can I get this? Local Library ?
Where can I get this? Local Library ?
more...
PlainSpeak
02-23 10:54 AM
Makes sense but a couple of my friends who traveled during the winter break and came back through ATL did not have an issue, so that was where I was coming from.
As i said you may or may not have an issue. Makes common sense to carry documents if you do get asked. I had issues when i came through IAD in Apr 2009. Things may have improved during the interim. I know of friends of mine who had no issues on AP and i also know of a GC Holder who got stuck in immigration for 5 hours. I guess it just depends on what kind of person is the POE officer in the secondary inspection room
As i said you may or may not have an issue. Makes common sense to carry documents if you do get asked. I had issues when i came through IAD in Apr 2009. Things may have improved during the interim. I know of friends of mine who had no issues on AP and i also know of a GC Holder who got stuck in immigration for 5 hours. I guess it just depends on what kind of person is the POE officer in the secondary inspection room
GCHope2011
11-29 08:21 AM
Hello ,
Im currently living in USA , came by tourist visa for 6 months , tomorrow was my experitation date , but my father company in south america filled a petition for me under the L1-B here in the united states. We create a new company here to be the subsidiary and the idea is to get the visa so I can stay here and do the work for the the company.
My question is , what posibilities are the USCIS can approve or deny my petition?
Here is the info about the parent company with the us branch :
Automotive sales , service of authorized delaer of Jeep Chrysler and Doge .
My job was manage the import area for auto parts being purchased in usa to be imported to the parent company.
I do not carry profesional degrees however i was in the payroll of the company since 1998.
I grew up in the company during the yearsd and scale in different titles till get the Import general manager title.
My job here basically will be perfom the auto parts inspection , purchased from provides in the usa , pay providers and take care of the business financial accounts.
Is this sufficient to get an approval? or it can be rejected?
We got asked a lot of documents and payrolls from parent company and so , but Im no sure if this petition is consisent to be approved since i do not have the profesional degree and I dont really see this work can be done for someone american here.
Then there is another issue realated with me , My petiton was submitted days ago and It suppoused i got an extension while the USCIS review my petition , however , 2 days ago my husband intent to come over the usa to visit me and his child and he had problems in inmigration at port of entry he was locked in a room for several hours and finally he got rejected , he could communicate with me over the phone to le me know what was going on , and he told me inmigration already knew I was here and the y saw my extension but they said they will come to check on me since my status was close to expire , so the said they know everything about my entry cuz they checked on the data base and so , now i want to know , this situation can be an issue to got a L1-B denial? I mean coudl the officers from the CBP write a note about me , since they got all my info , address and so?
Im really confused , I dont know is i will get an extension removal or what and If i willg et or not an L1-B visa , but since my husband have been banned to come to usa for several years I dont really see the point to get the visa , but some payments have been made by my parent company in south america , so I dont really know what to do , without knowing what status would i get since now.
How many time does the USCIS take to approve or deny a visa? my petition was submitted on friday.... my expiration date is tomorrow 29 may 2010 ... do i have to leave the country then? the attorney in charge said i was covered but after this problem with my husband im not so sure I really need another opinion .. thank you!
L1 Visa is for intra-company transfer of an employee based outside the US to a location within US.
To do so:
- A company must have a legitimate foreign business presence and should be able to prove its existence and legitimate business operations
- The person being transferred should have been a genuine employee of the foreign location of the company for at least 1 year within the immediate three years of the Visa petition
- The company must have a legitimate business operation already in existence in the US - the location to which the foreign employee is proposed to be transferred
- The company should be able to show the need for the specific expertise that the proposed individual brings to the position in the US, which cannot be obtained otherwise from the US labor market at the prevailing wage rate for the position
- The company should be in a sound financial position, to be able to afford and pay the salaries proposed for the individual
All the above conditions are scrutinized very carefully and evidence sought to substantiate them in case of any doubt by USCIS. They usually also evaluate if the US operations have been established primarily to be used as an immigration vehicle
So, if your application is very clear cut on all of these points, then at least you might have some chance.
There could be other criteria that USCIS looks for, which I am not aware of (since I am not a lawyer or have any direct experience of L1 filing).
Im currently living in USA , came by tourist visa for 6 months , tomorrow was my experitation date , but my father company in south america filled a petition for me under the L1-B here in the united states. We create a new company here to be the subsidiary and the idea is to get the visa so I can stay here and do the work for the the company.
My question is , what posibilities are the USCIS can approve or deny my petition?
Here is the info about the parent company with the us branch :
Automotive sales , service of authorized delaer of Jeep Chrysler and Doge .
My job was manage the import area for auto parts being purchased in usa to be imported to the parent company.
I do not carry profesional degrees however i was in the payroll of the company since 1998.
I grew up in the company during the yearsd and scale in different titles till get the Import general manager title.
My job here basically will be perfom the auto parts inspection , purchased from provides in the usa , pay providers and take care of the business financial accounts.
Is this sufficient to get an approval? or it can be rejected?
We got asked a lot of documents and payrolls from parent company and so , but Im no sure if this petition is consisent to be approved since i do not have the profesional degree and I dont really see this work can be done for someone american here.
Then there is another issue realated with me , My petiton was submitted days ago and It suppoused i got an extension while the USCIS review my petition , however , 2 days ago my husband intent to come over the usa to visit me and his child and he had problems in inmigration at port of entry he was locked in a room for several hours and finally he got rejected , he could communicate with me over the phone to le me know what was going on , and he told me inmigration already knew I was here and the y saw my extension but they said they will come to check on me since my status was close to expire , so the said they know everything about my entry cuz they checked on the data base and so , now i want to know , this situation can be an issue to got a L1-B denial? I mean coudl the officers from the CBP write a note about me , since they got all my info , address and so?
Im really confused , I dont know is i will get an extension removal or what and If i willg et or not an L1-B visa , but since my husband have been banned to come to usa for several years I dont really see the point to get the visa , but some payments have been made by my parent company in south america , so I dont really know what to do , without knowing what status would i get since now.
How many time does the USCIS take to approve or deny a visa? my petition was submitted on friday.... my expiration date is tomorrow 29 may 2010 ... do i have to leave the country then? the attorney in charge said i was covered but after this problem with my husband im not so sure I really need another opinion .. thank you!
L1 Visa is for intra-company transfer of an employee based outside the US to a location within US.
To do so:
- A company must have a legitimate foreign business presence and should be able to prove its existence and legitimate business operations
- The person being transferred should have been a genuine employee of the foreign location of the company for at least 1 year within the immediate three years of the Visa petition
- The company must have a legitimate business operation already in existence in the US - the location to which the foreign employee is proposed to be transferred
- The company should be able to show the need for the specific expertise that the proposed individual brings to the position in the US, which cannot be obtained otherwise from the US labor market at the prevailing wage rate for the position
- The company should be in a sound financial position, to be able to afford and pay the salaries proposed for the individual
All the above conditions are scrutinized very carefully and evidence sought to substantiate them in case of any doubt by USCIS. They usually also evaluate if the US operations have been established primarily to be used as an immigration vehicle
So, if your application is very clear cut on all of these points, then at least you might have some chance.
There could be other criteria that USCIS looks for, which I am not aware of (since I am not a lawyer or have any direct experience of L1 filing).
more...
grupak
03-25 11:34 AM
Income must be passive type meaning it should not exceed the income which iam getting on my present H1job or anything else which iam missing.
Not sure the precise definition of passive exists. I would take it to be not involved in any business decisions or day-to-day running of the business. Just putting in the money and letting the CEO and the rest make all the decisions as in buying stock is passive. I may be wrong.
Not sure the precise definition of passive exists. I would take it to be not involved in any business decisions or day-to-day running of the business. Just putting in the money and letting the CEO and the rest make all the decisions as in buying stock is passive. I may be wrong.
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hpandey
03-05 06:21 PM
The FDIC has less than 50 billion left but I think if the govt can provide the banks with a trillion dollars then it will certainly bail out FDIC. No need to panic . FDIC will be the last bastion to fall. The govt would certainly not let it happen in any scenario.
more...
Britsabroad
November 30th, 2008, 03:34 PM
Thanks Ed! Im after one of these.
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rgrant
06-02 01:37 PM
don't send copy of passport or DL. it clearly says not to, and my experience was it is unnecessary, as you will get a biometrics appointment (where they check your id).
more...
alwayson
02-26 06:03 PM
Came across this article:
Title: U.S. Immigration Reform Bill Could Pass by July
http://www2.csoonline.com/blog_view.html?CID=29025
Title: U.S. Immigration Reform Bill Could Pass by July
http://www2.csoonline.com/blog_view.html?CID=29025
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gapala
04-09 01:43 PM
Can someone please confirm if "Card Production Ordered" email from USCIS mean my 485 is approved and I have gotten GC ?
Also if May bulletin is Unavailable it still means that GC;s issued if your date is current in April are valid ? My email came yesterday same day as the new May bulletin ?
May bulletin is effective only in May 09, so you are in good shape.
Congrats.
Also if May bulletin is Unavailable it still means that GC;s issued if your date is current in April are valid ? My email came yesterday same day as the new May bulletin ?
May bulletin is effective only in May 09, so you are in good shape.
Congrats.
more...
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hoolahoous
04-07 10:57 PM
I depends on you, how much risk you want to take ... I can tell what happened with me ....
Initially, I was working of a small consulting company and left them after few months. Although, there was nothing in the contract prohibiting me from doing this. But they filled a lawsuit against me for all fake things. I had to hire an attorney to defend myself, who was quite expensive. In end, I was forced to settle after paying like 10K, cost of lawsuit would have been huge. BTW, I did consult an attorney before leaving and there was nothing I did, which was not legal. But ultimately it just didn't make a sense to continue fighting it and spending 15-20K in attorney fees.
I do not intend to scare you or suggest if you should go ahead or not. Just that make sure you cover yourself
sounds fishy.. if there was nothing wrong from your side, you could have won and claimed all legal fee from your x employer
Initially, I was working of a small consulting company and left them after few months. Although, there was nothing in the contract prohibiting me from doing this. But they filled a lawsuit against me for all fake things. I had to hire an attorney to defend myself, who was quite expensive. In end, I was forced to settle after paying like 10K, cost of lawsuit would have been huge. BTW, I did consult an attorney before leaving and there was nothing I did, which was not legal. But ultimately it just didn't make a sense to continue fighting it and spending 15-20K in attorney fees.
I do not intend to scare you or suggest if you should go ahead or not. Just that make sure you cover yourself
sounds fishy.. if there was nothing wrong from your side, you could have won and claimed all legal fee from your x employer
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praveen2008
02-13 11:39 AM
Hello All,
I am on a 6th year on H1-B with my 140 approved. I am due for renewal on June 2010 with my employer who is a desi consulting company.. My employer has around 100+ employees.
I am recently moving over to a new consulting opportunity which my employer has showed me which is corp � corp with prime vendor in between�
I also have another Full time offer pending with a Big 5 consulting company who promised me to sponsor my H1 and re start my GC process since my 485 is not approved� I need couple of suggestions if somebody could advice
� Is it better to stay with my desi consulting company because my GC is in process with them? I am little afraid with respect to this new USCIS Memo( Employee � employer relationship in terms of H1 processing and travelling to india
OR
� Is it better to move on with the full time offer with top 5 consulting company . This from my career perspective would be growth but only disadvantage is that I need to re start my GC process . Hopefully I should be able to port my PD date�..
I am little torn up on what to choose ( full time or stay on corp to corp ). Can anybody advise if its better to compromise on GC and take the Full time offer because of all this scrutiny that USCIS is doing with ..
Thanks,
I am on a 6th year on H1-B with my 140 approved. I am due for renewal on June 2010 with my employer who is a desi consulting company.. My employer has around 100+ employees.
I am recently moving over to a new consulting opportunity which my employer has showed me which is corp � corp with prime vendor in between�
I also have another Full time offer pending with a Big 5 consulting company who promised me to sponsor my H1 and re start my GC process since my 485 is not approved� I need couple of suggestions if somebody could advice
� Is it better to stay with my desi consulting company because my GC is in process with them? I am little afraid with respect to this new USCIS Memo( Employee � employer relationship in terms of H1 processing and travelling to india
OR
� Is it better to move on with the full time offer with top 5 consulting company . This from my career perspective would be growth but only disadvantage is that I need to re start my GC process . Hopefully I should be able to port my PD date�..
I am little torn up on what to choose ( full time or stay on corp to corp ). Can anybody advise if its better to compromise on GC and take the Full time offer because of all this scrutiny that USCIS is doing with ..
Thanks,
more...
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Jeffphoto
September 7th, 2006, 08:58 AM
Thanks to everyone for the advice. Here's my situation:
Yes, Mats, it jiggles when I adjust the camera. Bracketing should help some, but my understanding of the HDR process is that you want to get a range of exposures from almost black to totally blown out. My camera will bracket through three exposures, one stop on each side of the setting. That doesn't typically get the span that is recommended for the HDR thing in Photoshop CS2, so I'm still looking at touching and adjusting the camera.
The camera is really just a point and shoot, a Minolta Z3. There are no available shutter release cables, remote controls, or other accessories for remote operation of it. However, my next camera....! ;)
Lastly, the tripod is a $30 wal-mart model. It isn't really so wobbly in the legs, but the main mast of it, where I mount the camera, rotates freely through about a 3 - 4 degree range horizontally. This is due to play in the cheap, plastic parts on it. My short term work around for that is probably to jam juicy fruit gum into the gaps or something.
All of this equipment that I bought was for me to learn the basics on, and I am doing a lot of learning these days. So, there again, my next tripod.... ;)
Yes, Mats, it jiggles when I adjust the camera. Bracketing should help some, but my understanding of the HDR process is that you want to get a range of exposures from almost black to totally blown out. My camera will bracket through three exposures, one stop on each side of the setting. That doesn't typically get the span that is recommended for the HDR thing in Photoshop CS2, so I'm still looking at touching and adjusting the camera.
The camera is really just a point and shoot, a Minolta Z3. There are no available shutter release cables, remote controls, or other accessories for remote operation of it. However, my next camera....! ;)
Lastly, the tripod is a $30 wal-mart model. It isn't really so wobbly in the legs, but the main mast of it, where I mount the camera, rotates freely through about a 3 - 4 degree range horizontally. This is due to play in the cheap, plastic parts on it. My short term work around for that is probably to jam juicy fruit gum into the gaps or something.
All of this equipment that I bought was for me to learn the basics on, and I am doing a lot of learning these days. So, there again, my next tripod.... ;)
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vallabhu
02-20 10:11 PM
I live in ATL, Count me in.
more...
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javadeveloper
12-17 04:21 PM
Dates were current till 2005. They were again current in between.
dates were current till Dec 2004(http://travel.state.gov/visa/frvi/bulletin/bulletin_1343.html).afterthat in 48 months (05,06,07,08)dates were current only for 1 month(July 2007) which is for about 2% of the time.
Jan 05 VB - http://travel.state.gov/visa/frvi/bulletin/bulletin_2007.html
dates were current till Dec 2004(http://travel.state.gov/visa/frvi/bulletin/bulletin_1343.html).afterthat in 48 months (05,06,07,08)dates were current only for 1 month(July 2007) which is for about 2% of the time.
Jan 05 VB - http://travel.state.gov/visa/frvi/bulletin/bulletin_2007.html
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rex
07-26 11:44 AM
will the fee go up if applied after july for EAD/AP?
I am also waiting for 485 receipt.
I am also waiting for 485 receipt.
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cinqsit
09-15 10:57 PM
This kind of happened to me. Got the AP approval email then after 4 days got EAD approval email. Got EAD card in the mail a week after that.
And surprisingly got AP in mail a whole week after that. Looking at the AP
envelope it was postmarked after the EAD card was actually put in mail.
So it might be that your AP is on its way. But 30 days sounds a lot of
time. I would try and talk to the customer service and open a SR.
cinqsit
And surprisingly got AP in mail a whole week after that. Looking at the AP
envelope it was postmarked after the EAD card was actually put in mail.
So it might be that your AP is on its way. But 30 days sounds a lot of
time. I would try and talk to the customer service and open a SR.
cinqsit
vivekm1309
01-26 02:57 PM
Exactly, if $ 600 check per tax payer is being talked about to stimulate the economy, as one of measures ...I think it makes sense to push thru our point too ...
I will PM Jansilal as he suggested & meanwhile trying to contact my friends in Wall street to get the contact details for these popular Business journos.
I will PM Jansilal as he suggested & meanwhile trying to contact my friends in Wall street to get the contact details for these popular Business journos.
martinvisalaw
07-22 06:01 PM
Hello,
My wife is out of the country right now and planning to return in 3 weeks. She left the country with both copies (we only received 2 copies) of AP that is valid until Sept 10th 2009. Unfortunately we don't have a photocopy of the AP document and she has misplaced the two copies she took along with her. How do we approach this situation. The doc's we do have handy are:
1- Original 485 Receipt Notice
2- Original AP filing Receipt Notice
3- Copy of AP approved screen from uscic. gov
4- Original previous AP
5- AP was issued by MSC
Any advice?
Your wife may be able to get a transportation letter/returning resident visa from her US consulate. These are usually given to people who have lost their green cards while overseas, but I have heard of consulates giving them to people with lost APs. It's worth asking. Good luck.
My wife is out of the country right now and planning to return in 3 weeks. She left the country with both copies (we only received 2 copies) of AP that is valid until Sept 10th 2009. Unfortunately we don't have a photocopy of the AP document and she has misplaced the two copies she took along with her. How do we approach this situation. The doc's we do have handy are:
1- Original 485 Receipt Notice
2- Original AP filing Receipt Notice
3- Copy of AP approved screen from uscic. gov
4- Original previous AP
5- AP was issued by MSC
Any advice?
Your wife may be able to get a transportation letter/returning resident visa from her US consulate. These are usually given to people who have lost their green cards while overseas, but I have heard of consulates giving them to people with lost APs. It's worth asking. Good luck.
