prem_goel
08-29 01:05 PM
Thanks Guys! I knew IV won't disappoint me!
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shivarajan
04-07 04:45 PM
I agree TARP revceived firms cannot renew H1B after 6 years or apply for GC. Those rules may change as per time. Most of the firms who like to hire H1B. So don't know whether it will get better or worst for your situation.
I don't think above is correct!
Existing employees are eligible for extensions as of now and did not hear that the no gc clause for existing employees either!
In fact if u r in non-h1b working for TARP companies then u r even eligible for new H1. All rules apply for new hires only.
I don't think above is correct!
Existing employees are eligible for extensions as of now and did not hear that the no gc clause for existing employees either!
In fact if u r in non-h1b working for TARP companies then u r even eligible for new H1. All rules apply for new hires only.
desperatlyinwaiting
06-15 08:53 PM
I am a Citizen that is petitioning my husband of 5 years. We received a letter in March'08 to be present at an interview in Charlotte, NC. We gathered all of the required documentation to provide. Once there, and called in with the Immigration officer, we began our interview process. She was satisfied with all of the information, and tangible proof, we provided. She asked my husband for his passport in order to stamp his I-551 and that meant we were approved. Unfortunately, my husband's passport had been expired for some time and she could not stamp it. What do we do? He works and it will cause heartache and financial stress if he looses his job as the company has strict rules about what documentation you must present in order to remain employed. Please help. Since we have not received a letter from USCIS and the status is still pending, we are unsure of what we should do at this point. Any information you can provide will be greatly appreciated.
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Saarissimo
05-31 12:11 AM
Dear Madame/Sir,
I am a 33% owner of an LLC, and I need to be employed by the company. The company is a viable company, tech start-up, and all three owners need to actually work in the company (to ensure its success). The company is profitable and our yearly revenue is a little short of $1M. However, the reason I have been here in US in the last 6 years is because I have been sponsored (by my previous employer) through an H1B visa. I now wish to transfer my H1B to the LLC I partially own. My questions are:
1. Is it possible
2. If so, what is the mechanism I can be considered as an employee in an LLC structure
Thank you in advance for your attention
I am a 33% owner of an LLC, and I need to be employed by the company. The company is a viable company, tech start-up, and all three owners need to actually work in the company (to ensure its success). The company is profitable and our yearly revenue is a little short of $1M. However, the reason I have been here in US in the last 6 years is because I have been sponsored (by my previous employer) through an H1B visa. I now wish to transfer my H1B to the LLC I partially own. My questions are:
1. Is it possible
2. If so, what is the mechanism I can be considered as an employee in an LLC structure
Thank you in advance for your attention
more...
Mmak
07-13 04:56 PM
done
meridiani.planum
04-17 12:09 PM
I will be gettting married to my finance in few months and she is born with golden spoon and of course US citizenship.
however rich your future wife is, I am sure she is not going to like being referred to as your 'finance'. :rolleyes:
however rich your future wife is, I am sure she is not going to like being referred to as your 'finance'. :rolleyes:
more...
vishwak
08-18 12:20 PM
I am also having same situation as 'TamilSelven's wife. But my H1 visa was expired in Sept 2009 and I didn't work on that. I am on H4 for now and got one offer from another employer.
So my queries are :
- will I get H1 again under COS?
- If yes, how much time will it take to get H1 again?
- Does this process will be like a new H1?
- how much will it cost to my employer with attorney fees?
Thank you.
Meet
Yes You can get new H1B.
Time Depends on type of processing.....premium you should get within 2 weeks.
H1B extension or Transfer or New one....whatever its all the same process. But called differently.
Now H1B fees got hike.....may be around 5K I believe.
Check for USCIS fee for I-129 on USCIS Home Page (http://www.uscis.gov) and add Education Evaluation, Attorney Fee, Fedex charges etc.
Please ask your Employer for break up if you are paying for it.
So my queries are :
- will I get H1 again under COS?
- If yes, how much time will it take to get H1 again?
- Does this process will be like a new H1?
- how much will it cost to my employer with attorney fees?
Thank you.
Meet
Yes You can get new H1B.
Time Depends on type of processing.....premium you should get within 2 weeks.
H1B extension or Transfer or New one....whatever its all the same process. But called differently.
Now H1B fees got hike.....may be around 5K I believe.
Check for USCIS fee for I-129 on USCIS Home Page (http://www.uscis.gov) and add Education Evaluation, Attorney Fee, Fedex charges etc.
Please ask your Employer for break up if you are paying for it.
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uma001
11-04 04:44 PM
The title of the thread is misleading. Please change it.
Amul
How to change the title?
Amul
How to change the title?
more...
permfiling
02-23 06:11 PM
Hi,
My advice is to stick with the same company till u get ur ead. If you move, any company will take 6 ~ 8 months to start the PERM process. I noticed that companies do mention that they will start as soon as you come on board but that never happens as they know your visa status.
I switched companies after 140 was approved at a big company and I paid the price by joining a startup which closed but I moved on before it closed.
I have yet to file PERM but I get to retain my PD
It is my personal opinion based on my experience. Most of the employers don't keep up their word as promised.
Hi,
I just started my 5th year on H1-B (EB-2) at a very large software firm. I also have a Masters degree from a good university etc. I was delaying filing my PERM (part stupidity and partly thinking of changing my job). Now, I received information from the company that new PERM applications may be impacted because we had layoffs recently. Although I am not personally aware of anyone with my job title being fired, I am wondering if they will wait for 6 months after the layoffs to actually start filing new applications.
I am new to this, and this may be a simple question. What usually happens? Do they put off all PERM applications for 6 months after layoffs? Does this mean that companies that have not had layoffs can continue to file PERM applications?
I ask this because I am thinking that maybe then I should look for a company that has not had layoffs (best of luck to me, right? :) I think there's a couple out there :) ). If I do go down this route, can I start a PERM application immediately or do I have to work at the company for a while before I can do this?
I am also worried that the PERM could get delayed by 6 months or more because there might be more layoffs. If there are further delays in the time to be approved (more than a year), then I might be cutting it really close as far as my H1-B term goes. Is anyone in a similar situation? Am I at risk here? What happens if PERM filing is in process when H1-B duration comes to an end? Do I just have to leave?
A lot of these are maybe newbie questions, but I am kind of worried and I would appreciate it if you can contribute answers to whichever questions of mine that you are familiar with.
Thanks
My advice is to stick with the same company till u get ur ead. If you move, any company will take 6 ~ 8 months to start the PERM process. I noticed that companies do mention that they will start as soon as you come on board but that never happens as they know your visa status.
I switched companies after 140 was approved at a big company and I paid the price by joining a startup which closed but I moved on before it closed.
I have yet to file PERM but I get to retain my PD
It is my personal opinion based on my experience. Most of the employers don't keep up their word as promised.
Hi,
I just started my 5th year on H1-B (EB-2) at a very large software firm. I also have a Masters degree from a good university etc. I was delaying filing my PERM (part stupidity and partly thinking of changing my job). Now, I received information from the company that new PERM applications may be impacted because we had layoffs recently. Although I am not personally aware of anyone with my job title being fired, I am wondering if they will wait for 6 months after the layoffs to actually start filing new applications.
I am new to this, and this may be a simple question. What usually happens? Do they put off all PERM applications for 6 months after layoffs? Does this mean that companies that have not had layoffs can continue to file PERM applications?
I ask this because I am thinking that maybe then I should look for a company that has not had layoffs (best of luck to me, right? :) I think there's a couple out there :) ). If I do go down this route, can I start a PERM application immediately or do I have to work at the company for a while before I can do this?
I am also worried that the PERM could get delayed by 6 months or more because there might be more layoffs. If there are further delays in the time to be approved (more than a year), then I might be cutting it really close as far as my H1-B term goes. Is anyone in a similar situation? Am I at risk here? What happens if PERM filing is in process when H1-B duration comes to an end? Do I just have to leave?
A lot of these are maybe newbie questions, but I am kind of worried and I would appreciate it if you can contribute answers to whichever questions of mine that you are familiar with.
Thanks
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EndlessWait
07-25 05:01 PM
Before I say any thing further, I want to clarify that I am NOT asking for any action but want to point out to a unique Gandhigiri protest idea proposed by one of our members:
On one of the posts rajmehrotra suggested "Something like a mass blood donation drive will garner empathy and publicity in a positive way." This was seconded by another member Gravitation. Not sure what other people think but I personally liked this idea very much.
So please save this idea for future use if others also recommend it.
So you thought that because the flower campaign worked, we should come up with a similar approach.. As IV has suggested, make awareness by meeting your lawmakers , put yourself on youtube, contribute to IV etc. if you really want to campaign. Just giving blood which perhaps would not be donated is insane.
On one of the posts rajmehrotra suggested "Something like a mass blood donation drive will garner empathy and publicity in a positive way." This was seconded by another member Gravitation. Not sure what other people think but I personally liked this idea very much.
So please save this idea for future use if others also recommend it.
So you thought that because the flower campaign worked, we should come up with a similar approach.. As IV has suggested, make awareness by meeting your lawmakers , put yourself on youtube, contribute to IV etc. if you really want to campaign. Just giving blood which perhaps would not be donated is insane.
more...
waitingGC
01-22 08:38 PM
Thank you, IV core! You are great!
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simple1
06-03 05:57 PM
Again Fake question.
Arent you guys tired of asking these fake questions ? Get a life that is worth living.
Hi All,
My company applied 485 and h1b. I am in AOS status and having EAD. My company laid off me on March and they are not revoke my h1b and 140(they may hire me back once get new job). Mean time shall i work hourly job and get around $1200 per month with same job description with using my EAD(new company will run payroll and W2). Also i am keep looking permanent full time job with my higher salary.
For the hourly job they asking to fill I-9(employment eligibility verification will inform USCIS). On that form asking my A# with EAD expiration date.
Is there a chance USCIS will know my hourly job?. My concern - this hourly job will create a problem for my GC process (chance to get REF) because rate is low
Please give me your valuable suggestion
Thanks
Arent you guys tired of asking these fake questions ? Get a life that is worth living.
Hi All,
My company applied 485 and h1b. I am in AOS status and having EAD. My company laid off me on March and they are not revoke my h1b and 140(they may hire me back once get new job). Mean time shall i work hourly job and get around $1200 per month with same job description with using my EAD(new company will run payroll and W2). Also i am keep looking permanent full time job with my higher salary.
For the hourly job they asking to fill I-9(employment eligibility verification will inform USCIS). On that form asking my A# with EAD expiration date.
Is there a chance USCIS will know my hourly job?. My concern - this hourly job will create a problem for my GC process (chance to get REF) because rate is low
Please give me your valuable suggestion
Thanks
more...
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aroranuj
06-16 05:20 PM
My I-140 was filed during the July 07 fiasco....still pending EB3 category. So if I do decide to move on my employer cannot revoke my I-140?
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ch102
11-20 12:09 PM
Just how bad is the backlog? (http://imminfo.com/Blog/articles.php?art_id=100&start=1)
Following the release by the USCIS of their backlog statistics in September, many prospective immigrants began to reevaluate the idea of upgrading to higher preference classifications. Central to any such decision is the answer to the question �How long do I have to wait if I remain in my present classification?� The purpose of this article is to help applicants try and determine just how long that wait will be.
The answer to that question, like most things, is complex. It depends on several factors that are unknown at this time. These include:
� There is an unknown number of pending AOS cases that have not yet been classified or reviewed.
� In the case of EB2, there is an unknown number of EB3 applicants who are actively in the process of upgrading to EB2.
� There are additional cases in the pipeline, not accounted for by the available backlog information.
While it is not possible to predict with accuracy precisely how long it will be before specific applicants will receive immigrant visas, it is possible to get some idea of the minimum waiting time. That is, it is possible to determine how long it will be, at an absolute minimum, before a visa number becomes available. The actual waiting time will be longer than the minimum time, but this will at least give people a rough idea of just what they are looking at.
Let�s first look at the employment based second preference category (EB2). For purposes of this discussion, we will look at the visa waiting times for China, India, and Worldwide.
The �Worldwide� chargeability area is �current� � meaning that there are more visas available under the quota that there are qualified applicants. This means that anyone chargeable to the Worldwide EB2 category has immediate access to a visa. This condition will remain so for at least the next several years.
Because there are unused visa numbers within the EB2 Worldwide allocation, the remaining numbers may be used by people who are otherwise eligible, but for the single state limit (i.e., citizens of China and India). These applicants may use the leftover EB2 numbers as though they were chargeable to the Worldwide category, as long as visas remain available. That is, those with the oldest priority dates, irrespective of country of birth, are at the head of the line for EB2 visas.
Let�s take a look at the backlog information for EB2 visas shown on the CIS website, arranged, by priority dates, area of charge and year:
The Worldwide allocation for EB2 is roughly 40,000 visas annually, plus all unused EB1 numbers. For fiscal year 2008, a total of 35,590 employment-based first preference visas were issued. Due to the failure of the CIS to adjudicate enough family based adjustment of status cases, about 25,000 visas from that quota fell over into the employment based quota and a total of 70,135 EB2 visas were issued. For fiscal year 2009, there were considerably fewer family based visas available for use by the EB categories. For FY 2010, the State Department estimates that there will be only about 5,000 such additional visas available. For our purposes, we can assume that EB1 will have about 5,000 leftover visas and another 5,000 will become available from the family based quota. This means that the EB2 visa availability will be approximately 50,000 for this fiscal year.
If we assume that all of the demand shown on the CIS website remains, and that there is no additional demand, the total of pre-approved EB2 cases pending before the CIS with priority dates earlier than 2007 is almost 52,000. In reality, this demand represents about two-thirds of the actual demand, so the likelihood is that the EB2 cutoff date will not move beyond May, 2006 by the end of fiscal year 2010 (September 30, 2010).
If the EB2 cutoff date does reach May, 2006 by the end of FY 2010, then it would likely reach the end of calendar year 2008 (and probably go into early 2009) by the end of fiscal year 2011.
A word of warning is in order at this point. Our office alone has received about 150 inquiries in the last couple of months by people with established EB3 priority dates who wish to file new PERM applications so that they may qualify for EB2. When they do, they will take their EB3 priority dates with them. This means that they will enter the EB2 waiting list at a point much earlier in time.
Our office is but one of many receiving these inquiries. I have to believe that somewhere between 7,500 and 12,000 people are actively in the process of upgrading their preference classifications right now. As the months progress, this number will increase. All of these people will move onto the EB2 waiting list with older priority dates, in some cases as early as 2002. When this happens, it will push those with more recent priority dates back in line, increasing the time they must wait for visa availability
..........
.........
Following the release by the USCIS of their backlog statistics in September, many prospective immigrants began to reevaluate the idea of upgrading to higher preference classifications. Central to any such decision is the answer to the question �How long do I have to wait if I remain in my present classification?� The purpose of this article is to help applicants try and determine just how long that wait will be.
The answer to that question, like most things, is complex. It depends on several factors that are unknown at this time. These include:
� There is an unknown number of pending AOS cases that have not yet been classified or reviewed.
� In the case of EB2, there is an unknown number of EB3 applicants who are actively in the process of upgrading to EB2.
� There are additional cases in the pipeline, not accounted for by the available backlog information.
While it is not possible to predict with accuracy precisely how long it will be before specific applicants will receive immigrant visas, it is possible to get some idea of the minimum waiting time. That is, it is possible to determine how long it will be, at an absolute minimum, before a visa number becomes available. The actual waiting time will be longer than the minimum time, but this will at least give people a rough idea of just what they are looking at.
Let�s first look at the employment based second preference category (EB2). For purposes of this discussion, we will look at the visa waiting times for China, India, and Worldwide.
The �Worldwide� chargeability area is �current� � meaning that there are more visas available under the quota that there are qualified applicants. This means that anyone chargeable to the Worldwide EB2 category has immediate access to a visa. This condition will remain so for at least the next several years.
Because there are unused visa numbers within the EB2 Worldwide allocation, the remaining numbers may be used by people who are otherwise eligible, but for the single state limit (i.e., citizens of China and India). These applicants may use the leftover EB2 numbers as though they were chargeable to the Worldwide category, as long as visas remain available. That is, those with the oldest priority dates, irrespective of country of birth, are at the head of the line for EB2 visas.
Let�s take a look at the backlog information for EB2 visas shown on the CIS website, arranged, by priority dates, area of charge and year:
The Worldwide allocation for EB2 is roughly 40,000 visas annually, plus all unused EB1 numbers. For fiscal year 2008, a total of 35,590 employment-based first preference visas were issued. Due to the failure of the CIS to adjudicate enough family based adjustment of status cases, about 25,000 visas from that quota fell over into the employment based quota and a total of 70,135 EB2 visas were issued. For fiscal year 2009, there were considerably fewer family based visas available for use by the EB categories. For FY 2010, the State Department estimates that there will be only about 5,000 such additional visas available. For our purposes, we can assume that EB1 will have about 5,000 leftover visas and another 5,000 will become available from the family based quota. This means that the EB2 visa availability will be approximately 50,000 for this fiscal year.
If we assume that all of the demand shown on the CIS website remains, and that there is no additional demand, the total of pre-approved EB2 cases pending before the CIS with priority dates earlier than 2007 is almost 52,000. In reality, this demand represents about two-thirds of the actual demand, so the likelihood is that the EB2 cutoff date will not move beyond May, 2006 by the end of fiscal year 2010 (September 30, 2010).
If the EB2 cutoff date does reach May, 2006 by the end of FY 2010, then it would likely reach the end of calendar year 2008 (and probably go into early 2009) by the end of fiscal year 2011.
A word of warning is in order at this point. Our office alone has received about 150 inquiries in the last couple of months by people with established EB3 priority dates who wish to file new PERM applications so that they may qualify for EB2. When they do, they will take their EB3 priority dates with them. This means that they will enter the EB2 waiting list at a point much earlier in time.
Our office is but one of many receiving these inquiries. I have to believe that somewhere between 7,500 and 12,000 people are actively in the process of upgrading their preference classifications right now. As the months progress, this number will increase. All of these people will move onto the EB2 waiting list with older priority dates, in some cases as early as 2002. When this happens, it will push those with more recent priority dates back in line, increasing the time they must wait for visa availability
..........
.........
more...
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potrero
04-30 08:31 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
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
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485Mbe4001
02-18 07:55 PM
If anyone is from Augusta and wants to put up flyers in the temple there please send me a PM. I might be able to help.
more...
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rajeshalex
09-24 11:06 AM
I had received response to 140 stating pending background name check.
Here is the exact lines
"USCIS is awaiting the results of your pending background name check. The USCIS is unable to predict when a background check might be completed. so they ask us to wait 120 days before initiating another inquiry."
I am not sure whether this is related with IBIS check or name check or background check. If its an IBIS check EAD also got the same check and my EAD has been renewed twice. My FP was done in Nov 07 and after 2 days of FP my appln was transferred from TSC to NSC
Anyway I will wait for another 120 days
Here is the exact lines
"USCIS is awaiting the results of your pending background name check. The USCIS is unable to predict when a background check might be completed. so they ask us to wait 120 days before initiating another inquiry."
I am not sure whether this is related with IBIS check or name check or background check. If its an IBIS check EAD also got the same check and my EAD has been renewed twice. My FP was done in Nov 07 and after 2 days of FP my appln was transferred from TSC to NSC
Anyway I will wait for another 120 days
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rajpatelemail
11-05 07:47 PM
I think - there will be more people in AF Unit this consulate
As Hyderabad is very popular in those lines.
As Hyderabad is very popular in those lines.
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kkt_tkk
10-09 01:31 PM
Hi,
My wife's EAD card returned back and message showing , card returned by Postal, undeliverable and need response by 180 days with update the address, yesterday's message.
Actually she got her FP and EAD notice receipt number to the same address, but card returned back.
But in this case I saw 20days back, card production ordered and sent the notice. And I am waiting for the card to be delivered and 30days to wait to ask customer service.
Request:
Can you please let me know , how to reach customer service representative with options type?.
My wife's EAD card returned back and message showing , card returned by Postal, undeliverable and need response by 180 days with update the address, yesterday's message.
Actually she got her FP and EAD notice receipt number to the same address, but card returned back.
But in this case I saw 20days back, card production ordered and sent the notice. And I am waiting for the card to be delivered and 30days to wait to ask customer service.
Request:
Can you please let me know , how to reach customer service representative with options type?.
extra_mint
01-21 04:49 PM
even I am aware of the same thing.
I think u got it right.
The fact that you are moving to a new employer using your EAD is in essence using the AC-21 portability provision. This new employer will now have to support your AC-21 claim.
You don't have to do anything further. In case employer A revokes your I-140, then USCIS might send an NOID. This can be easily reversed by sending in your AC-21 documents via the new employer.
There is no such thing as "continuing your GC process with your old employer" in your case. It is only true if you are working for your new employer using H1-B or other type of a visa, NOT EAD.
If anyone has doubts about what I said then please correct me.
I think u got it right.
The fact that you are moving to a new employer using your EAD is in essence using the AC-21 portability provision. This new employer will now have to support your AC-21 claim.
You don't have to do anything further. In case employer A revokes your I-140, then USCIS might send an NOID. This can be easily reversed by sending in your AC-21 documents via the new employer.
There is no such thing as "continuing your GC process with your old employer" in your case. It is only true if you are working for your new employer using H1-B or other type of a visa, NOT EAD.
If anyone has doubts about what I said then please correct me.
paskal
08-01 12:21 AM
you have a G28 for every petition
even if you did not, it's not mandatory
they can't reject anything for lack of a G28
it's entirely optional
even if you did not, it's not mandatory
they can't reject anything for lack of a G28
it's entirely optional
