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  • dhesha
    11-17 02:53 PM
    Nope. That is not true. Either the company/lawyer is screwing your friend!

    You can avoid the waiting period by using "Notice and Consider".
    I had the same experience with FDBL lawyers, those guys were awful.
    Luckily BAL took over, and they mentioned about "Notice and Consider" and did make use of that for labor filing.

    Hope this helps.

    It is true and company never files new labor when layoff happens. Almost all companies do wait for at least 6 months after layoffs and this is well know fact.





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  • appusheth
    03-19 01:50 AM
    I have already started procedure for filing a new PERM. Nothing will work the lawyer said. We have to file a new PERM.





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  • kadarm
    01-09 03:16 PM
    any more inputs??

    Still waiting. Applied in Jan 2007. EB2





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  • mambarg
    08-15 12:15 PM
    INS has already issued receipts for July 2nd filer.
    IF you are before it , then you have to file again by tomorrow.
    Why take risk.
    They might have lost application .

    Second filing is justified in your case.



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  • HRPRO
    02-24 08:41 AM
    I am not sure if BS (3 yrs) + MCA is considered to be equivalent to MS or not. But if it is, then you can definitely file for EB2 (MS +0). However, your company will need to have a job that requires these qualifications.

    Also, I am not sure why you couldn't use the experience gained with your employer. If the job description is at least 50% different than your EB3 job, you can certainly use the experience gained at your current employer.

    I am also planning to file under EB2 using the experience gained with current employer. However, I have been concerned about possible audit. Nonetheless, when I asked the audit question (in a different thread), couple of folks shared their personal experience who had gotten approval (using experience gained at same employer) without any audit.

    Has anyone seen a case where someone got audited for using the experience gained with the same employer? I think this will be a useful information for several others as well...

    Sorry Bostongc

    I am certain you cannot count expeience gained from your current employer even if you are applying for another position. All attorneys are aware of this and will advice you not to do.

    Sorry for not being able to give an answer in the affirmative but that is the fact.





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  • pappu
    04-10 02:21 PM
    Active members are requested to urge others to update their profile details for the tracker. If you find someone's profile has fake details, please give them a red dot.

    Admins go through users with most red dots occasionally



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  • makemygc
    07-11 10:56 PM
    Hi Guys,
    Based on some recommendations, I have put together the enclosed pamplet.
    I am NOT suggesting that this is the pamplet we should use but it could be a starting point. We need to generate more ideas like this to keep momentum going.

    http://www.geocities.com/singhsa3/Ghandhigiri.doc

    Take a look at it and make suggestions

    Great job singhsa with poem and the template. My suggestion. If you can make a color template with gandhiji at the back in light background and your poem on the top.





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  • gc4arun
    06-23 08:35 AM
    Could you please provide your input on this . Thank You.
    Port 2003 PD at the time of filing 2nd I-140, keep copies of old labor + 140 and new approved labor and a cover letter should specify that the beneficiary for both is the same ie YOU and you are not doing labor subsititution. I have been successful porting my pd from 03- the only difference was that my job classification was the same and salary for 2nd job was more

    A



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  • don840
    04-03 06:06 PM
    Have had unfortunate turn of events and need your guidance.

    I had a valid approved h1 petition and i-94 for 2005 through company A.
    Company filed for extension of h1 in 2007 and received approved h1 and i-94 valid till 2010. Did not travel out of the country at that time.

    Filed for AOS 485, EAD, AP in 2007. Traveled and entered US using AP in 2008.

    USCIS did inquiry and has revoked 2005 h1 because of incorrect LCA filing by the company. They have also said that because of incorrect LCA filing, I am in violation of h1 status. Attorneys have advised that USCIS will retroactive hold me as 'out-of-status' but not unlawful present as I was working in good faith based on an approved petition and unexpired i-94s.

    The 2007 h1 was also filed in similar fashion as the 2005 h1.
    Although USCIS has not revoked current 2007-2010 h1, there is a possibility of that happening. The 485 might be denied in that case.

    The only option is to get on h4 by applying from consulate in India.
    Since I will be now answering yes to question 38 (have you violated terms of US visa, or unlawful present..?) I have also shown as intent to immigrate based on my 485 filing.

    I want to know my chances of getting an h4 approved.





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  • rustamehind
    08-03 05:06 PM
    Hello,

    I am working on H1B and filed for my extention in Mar 2007. My original H1B expired in Jun 2007 and filed for EAD/AP/485 on Jul 22 2007. Today my employer received that h1b extension got denied. He got a RFE in may 2007 to which he replied.
    What are my options now? Can I stay here now? Can I work now? Can another employer file for my h1 extension now?
    Please help.

    Thank you.

    You can always file Motion to open the denied case.You also need to go through the reasons for denial , which you will be knowing soon in USCIS response.Without knowing the reason for denial , it will be pure speculation suggesting future course of action.You can continue to work untill your case is being adjudicated.



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  • GCBy3000
    05-03 09:17 PM
    This looks pretty high. The total count for 2004 & 2005 is 140K for India. Already the backlog center is having 300K applications out of which some 40%(guess) would be for India.





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  • aristotle
    04-05 06:52 PM
    You can get an extension using A's 140 only if it was not revoked.

    Perm.. I was exactly in the same boat as u were but I went ahead and changed the job from company A to company B and got 3 year extension till 10/09. Then I went to India and got the visa stamped till 10/09. My new employer i.e. company B has now started processing my GC again.. Now, let us see if I can port my PD of 12/05 with company B.

    My question is if I decide to move again to company C [Not gonna do] or my new employer i.e. company B fires me [U never know] i.e. in case if I do not have labor or 140 done with my new employer i.e. company B and say I ran out of H1B at the end of 10/09, then can I get further 3 year extension with company B or new company C on approved 140 from previous employer i.e. Company A?

    Thanks!!



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  • number30
    04-30 10:09 AM
    This is totaly wrong. In fact if at a later stage this is found out (as it will) he/she can lose GC as well on grounds of perjury(false declaration).

    That is right. That is the reason get married in US. Even then they can question the intent.





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  • Mount Soche
    12-18 01:31 PM
    Yes, yes, yes you can invest in stocks etc.
    You don't need need anything from the INS.
    I invest with Scottrade too, as do many of us on this forum.


    Hello i am new to this forum, i am looking for some answers involving stock trading? My question is: Can i invest in stocks, mutual fund, etc. while having only a EAD(work Permit)? Do i need get permission from IRS? What do i need to do invest legally? I was thinking of investing with Scottrader.

    Thanks in advance for all the replies.



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  • rajuseattle
    08-04 01:23 PM
    Sorry to hear about your friend's situation.

    From your answers it looks like she is on H-4 which is dependent spouse for H1B.

    If she is qualified enough ask her to find a new employer who is willing to sponsor her a H1B.

    She can transfer her status from H-4 to H1B and it will not be counted against the annual H1B quota.

    Once she finds new employer she can start her GC process.

    If she cant find job here and be in H1B status, the only option is to go back to her Home country...or another option is to remarry with someone who has legal status here and then she can derive the dependent status.





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  • ksvreg
    02-24 10:54 PM
    Thanks for the info. I read this before. I want to get the opinions based on the current trend. I just want to find out risk worth. (something like cost benefit in economics terms) :)



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  • Euclid
    03-19 12:06 AM
    It did. This does work and I can confirm from experience. Go ahead and all the best.





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  • H4_losing_hope
    02-13 07:32 PM
    Immigration Voice. Make action your choice.
    Standing together on legal immigration issues.





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  • GCBy3000
    12-28 12:56 PM
    My friend who filed his 485 in June, got his GC two months back. His PD was 2001. How did he get his GC within 3 months of filing 485 when the 485 processing time not even showed June 07 till now?

    These dates are for mere reporting purposes. I think even if they have one application with 1999 date, they might show 1999 as processing date. With my experience with these dates and USCIS, I cannot figure out the rationale behind these reports from USCIS. Someone might be sitting there in USCIS with 20-30 randomn dates and play inky... pinky...ponky... father ...has a.. donkey... bla bla bla and then pick a date for this report. All BS.





    texcan
    09-14 05:22 PM
    hi there,

    How about giving others some perpective about case timeline etc, so that they can answer question better.

    Please update your signature with case details.

    Just a suggestion, dont be offended.





    EkAurAaya
    03-19 04:10 PM
    What are (if any) the tax implications > if a H1b or EAD holder sells his/her house?

    From what i knew there were no special "taxes" or implications... but someone (a lawyer) recently told me in addition to everything else there is a 10% tax (federal) on selling price?

    Can anyone who has sold a property on h1 or EAD confirm this?

    Please share first hand experience and not something that someones heard through the grapevine



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