krishnam70
03-26 08:07 PM
Hello all,
If my GC is approved, is my employer bound by obligation he gave to USCIS when he filed I140 petition?
I mean, in I140 employer explicitly stated my future wage, it is 20% higher then wage I am getting from him while I am on H1B.
Say, my GC is approved and employer refuses to raise my wage to match the amount given in I140. Is there any way to make him stick to this obligation? Like, complaining to DOL, or where else? And if I complain, can it affect validity of my GC?
The problem is after GC I have to stay with this employer for another 6 months to avoid possible complications in future applying for citizenship. If I just quit and take another job - that will make a possible problem in the future; but if he lays me off, then I am fine. But he does not want to lay me off, and does not want to keep his promise. Any ideas?
If he lets you go you have no issues with future naturalization in case you have all your records, termination letter etc. I am unsure about the wages mentioned in your LCA. I think it is mandatory and can be challenged since employer is giving an undertaking that they have the ability to pay the amount mentioned in your LCA/I140.
You need to get good advise if they terminate you immediately after you get your GC will it show some malafide intentions/agreement between you and your employer which was there in place just to secure you a GC.
- cheers
kris
If my GC is approved, is my employer bound by obligation he gave to USCIS when he filed I140 petition?
I mean, in I140 employer explicitly stated my future wage, it is 20% higher then wage I am getting from him while I am on H1B.
Say, my GC is approved and employer refuses to raise my wage to match the amount given in I140. Is there any way to make him stick to this obligation? Like, complaining to DOL, or where else? And if I complain, can it affect validity of my GC?
The problem is after GC I have to stay with this employer for another 6 months to avoid possible complications in future applying for citizenship. If I just quit and take another job - that will make a possible problem in the future; but if he lays me off, then I am fine. But he does not want to lay me off, and does not want to keep his promise. Any ideas?
If he lets you go you have no issues with future naturalization in case you have all your records, termination letter etc. I am unsure about the wages mentioned in your LCA. I think it is mandatory and can be challenged since employer is giving an undertaking that they have the ability to pay the amount mentioned in your LCA/I140.
You need to get good advise if they terminate you immediately after you get your GC will it show some malafide intentions/agreement between you and your employer which was there in place just to secure you a GC.
- cheers
kris
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dealsnet
11-16 04:16 PM
Hi,
I am a green card holder via the DV program of 2007 and my husband is on student visa. We had entered US individually prior to our marriage. Our marriage took place back in Nepal in 2008 and considering the long waiting period for the dates to become current, I didn't file I-130 for my husband immediately after our marrigage thinking that we would wait for my citizenship. But now seeing the advancement in the current dates for Family based visa, I would like to file the I-130 for my husband. Please advise what my best bet would be? Wait until I get my citizenship or file now? Also if I file now, how long might it take for him to get his EAD and GC?
Can I file the I-130 form on my own for would need to get a lawyer for that. Currenlty we are in Seattle, Washington.
Any suggestions will be highly appreciated.
What you did is a mistake. No need to wait for citizenship. You can upgrade the petition any time.
NOW FOR BRINGING SPOUSE FOR GC HOLDERS IS SIX MONTHS.
SO RUSH TO FILE I-130 FOR HIM. IF HE IS HERE, FILE I-485, WHEN THE DATE BECOME CURRENT (AFTER 6 MONTHS), OR GO FOR CONSULAR PROCESS. NO NEED FOR A LAWYER FOR FAMILY BASED FILING. DOWNLOAD I-130 FORM WITH INSTRUCTIONS, FILLUP AND SEND WITH MARRIAGE, BIRTH CERTIFICATES AND OTHER DOCUMENTS. IF YOU CAN READ AND WRITE ENGLISH, YOU CAN FILL IT AND SEND IT.
I am a green card holder via the DV program of 2007 and my husband is on student visa. We had entered US individually prior to our marriage. Our marriage took place back in Nepal in 2008 and considering the long waiting period for the dates to become current, I didn't file I-130 for my husband immediately after our marrigage thinking that we would wait for my citizenship. But now seeing the advancement in the current dates for Family based visa, I would like to file the I-130 for my husband. Please advise what my best bet would be? Wait until I get my citizenship or file now? Also if I file now, how long might it take for him to get his EAD and GC?
Can I file the I-130 form on my own for would need to get a lawyer for that. Currenlty we are in Seattle, Washington.
Any suggestions will be highly appreciated.
What you did is a mistake. No need to wait for citizenship. You can upgrade the petition any time.
NOW FOR BRINGING SPOUSE FOR GC HOLDERS IS SIX MONTHS.
SO RUSH TO FILE I-130 FOR HIM. IF HE IS HERE, FILE I-485, WHEN THE DATE BECOME CURRENT (AFTER 6 MONTHS), OR GO FOR CONSULAR PROCESS. NO NEED FOR A LAWYER FOR FAMILY BASED FILING. DOWNLOAD I-130 FORM WITH INSTRUCTIONS, FILLUP AND SEND WITH MARRIAGE, BIRTH CERTIFICATES AND OTHER DOCUMENTS. IF YOU CAN READ AND WRITE ENGLISH, YOU CAN FILL IT AND SEND IT.
gnrajagopal
06-18 12:46 AM
just make a request to the irs. they have the details on their website. its a very simple process.
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hotshots
03-17 12:20 PM
My 6 years of H1B expires next month (April 2009). My PERM labor was applied in Feb 2008 and got approved last week. My question is, can I apply for 7th year H1B extension based on the approved PERM (since it was filed more than 365 days ago)? Attorney says there is not enough time to file I-140 and get it approved (even with Premium processing) before my H1 runs out next month.
From my research online there are two options to extend H1 beyond 6 years:
- PERM pending for more than 365 days, or
- I140 approved
What about the scenario where PERM is filed more than 365 days ago and approved, but no I-140 yet?
Gurus I'd really appreciate your inputs here!!
From my research online there are two options to extend H1 beyond 6 years:
- PERM pending for more than 365 days, or
- I140 approved
What about the scenario where PERM is filed more than 365 days ago and approved, but no I-140 yet?
Gurus I'd really appreciate your inputs here!!
more...
engineer
10-30 07:42 PM
(bump /\)
(bump /\)
(bump /\)
gc_bulgaria
09-26 01:29 PM
Questions: :confused:
1: I am primary applicant and we have our EADs approved. I have been offered a grant assistantship to complete my PhD research early next year - spring 2008 (in the same field as job) and employer is OK with me going part time for a semester as it benefits them. Is it fine to do that or do I have to remain "full time" with employer while GC is pending?
2: If I use EAD for school (assistantship), will H1B be invalidated? My H1B has 4 more years. If AOS is denied by chance, what are my options?
3. What if the GC is approved in that 6 month while I am part time with company (as I am current now with EB2 ROW) do I have to switch to full time or "intentions" of being full time in future are sufficient?
4. Will the company (my current employer) have to provide a letter saying that I work 'full time' if there is an EVL while I am part time or they can give me an offer to work full time in the future?
1: I am primary applicant and we have our EADs approved. I have been offered a grant assistantship to complete my PhD research early next year - spring 2008 (in the same field as job) and employer is OK with me going part time for a semester as it benefits them. Is it fine to do that or do I have to remain "full time" with employer while GC is pending?
2: If I use EAD for school (assistantship), will H1B be invalidated? My H1B has 4 more years. If AOS is denied by chance, what are my options?
3. What if the GC is approved in that 6 month while I am part time with company (as I am current now with EB2 ROW) do I have to switch to full time or "intentions" of being full time in future are sufficient?
4. Will the company (my current employer) have to provide a letter saying that I work 'full time' if there is an EVL while I am part time or they can give me an offer to work full time in the future?
more...
srgadi
10-01 07:25 PM
Ours got approved approved today 10/01/2010.
Cheers
Raj:)
Congrats. Waiting for mine..
Cheers
Raj:)
Congrats. Waiting for mine..
2010 Penelope Cruz / 5amp;#8217;6
needhelp!
09-23 05:59 PM
Here is one of the comments below that article that makes sense too (claims to be from a congressional staffer):
As a congressional staffer, I'd say you should just call. Even if you address the letter to the LA, it will likely be passed off to an intern or an LC (legislative correspondent). Writing to constituents is not fun, and most offices have people that do it all day long.
More than likely, an intern will pick up. DO NOT just start rambling about whatever issue you want to gripe about. This signals the person who answered that you are crazy, and should not be speaking to a staff member. They are very busy, and no one is going to pass a crazy person off to their boss. The intern will know to either say "We'll pass that on for you" (which he will not), or say "I've made a note and I'll deliver it to the congressman" (again, he will not). Interns don't know anything, nor do they have the power to do anything.
Instead, simply say your full name and ask whoever is on the phone to speak with the LA who handles the issue about which you are concerned. Be calm, be stern. If you speak to the LA, don't just start off with "I have some opinions I'd like you to know; here they are!" Instead, ask questions! Ask what the congressman's positions are on the issues. Ask why. Explain your own position. Finally, ask if there is any other information the staffer might need.
You might be passed off to voice mail. Do NOT give your opinions here. Simply say that you have some concerns about a certain issue, and that you would like a call back.
Most offices have daily callers and letter writers who leave incoherent notes and messages about anything from UFOs to mexican truck drivers. Your goal should be to separate yourself from this crowd.
Do this, and be rational, and you just might make a difference.
As a congressional staffer, I'd say you should just call. Even if you address the letter to the LA, it will likely be passed off to an intern or an LC (legislative correspondent). Writing to constituents is not fun, and most offices have people that do it all day long.
More than likely, an intern will pick up. DO NOT just start rambling about whatever issue you want to gripe about. This signals the person who answered that you are crazy, and should not be speaking to a staff member. They are very busy, and no one is going to pass a crazy person off to their boss. The intern will know to either say "We'll pass that on for you" (which he will not), or say "I've made a note and I'll deliver it to the congressman" (again, he will not). Interns don't know anything, nor do they have the power to do anything.
Instead, simply say your full name and ask whoever is on the phone to speak with the LA who handles the issue about which you are concerned. Be calm, be stern. If you speak to the LA, don't just start off with "I have some opinions I'd like you to know; here they are!" Instead, ask questions! Ask what the congressman's positions are on the issues. Ask why. Explain your own position. Finally, ask if there is any other information the staffer might need.
You might be passed off to voice mail. Do NOT give your opinions here. Simply say that you have some concerns about a certain issue, and that you would like a call back.
Most offices have daily callers and letter writers who leave incoherent notes and messages about anything from UFOs to mexican truck drivers. Your goal should be to separate yourself from this crowd.
Do this, and be rational, and you just might make a difference.
more...
eb2_immigrant
12-11 01:04 PM
EB2/Dec 2005/Texas -2yrs EAD
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HalfDog
06-23 06:56 PM
idark, not to criticize, especially since I haven't submitted anything yet, but can't you do something better than a continuous gradation on the background? The animal/guy just deserves better. (that's a complement :D)
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mudigondag
05-19 04:04 PM
Thank you;
I am also renewing the EADs but the concern is more on what if the renewals are not approved by 9/2010. Looks like your answer is they are still legal (AOS)
I am also renewing the EADs but the concern is more on what if the renewals are not approved by 9/2010. Looks like your answer is they are still legal (AOS)
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sanju
04-19 10:33 AM
Try Microsoft, oracle, Cisco, Sun,Intel,Hp
You will get shocked by seeing how many H1 s they filed all these years. They are more than h1s filed by WIPRO, TCS,INFOSYS etc.,
Shhhhhhh..... Please don't tell this to Ron Hira and IEEE. They may not like you saying this. Ron Hira et al, wants to preach that all H1s are being taken by "Indian Companies", whatever that means.....
You will get shocked by seeing how many H1 s they filed all these years. They are more than h1s filed by WIPRO, TCS,INFOSYS etc.,
Shhhhhhh..... Please don't tell this to Ron Hira and IEEE. They may not like you saying this. Ron Hira et al, wants to preach that all H1s are being taken by "Indian Companies", whatever that means.....
more...
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yabayaba
01-14 02:58 PM
HI,
My EB2 perm labor was approved recently and thinking of filing I 140.
Trying to port my EB3 PD, 09/23/2003 to EB2.
I missed filing I 1485 for my wife in july 2007.
My question is if I go ahead and file I 140 premium for me , lets say it gets approved soon ,my dates will be current.Should I file I 485 for my wife then ?
What happens if they approve my I 485 before I file my wife's 485.
How long it took for you to get the labor aproved?. What are steps and duration it took?
My EB2 perm labor was approved recently and thinking of filing I 140.
Trying to port my EB3 PD, 09/23/2003 to EB2.
I missed filing I 1485 for my wife in july 2007.
My question is if I go ahead and file I 140 premium for me , lets say it gets approved soon ,my dates will be current.Should I file I 485 for my wife then ?
What happens if they approve my I 485 before I file my wife's 485.
How long it took for you to get the labor aproved?. What are steps and duration it took?
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kevnss
04-01 02:01 PM
If you have to use EB2, you have to interfile your application to EB2 after the EB2 I140 gets approved. Until then, your category is EB3. If you change the employer now, you would be using the AC21 for the EB3.
If you want to interfile with EB2, you would need to wait until the EB2 I140 gets approved.
The process with interfiling is not very clear. This means that, once you interfile for EB2, until you get a letter stating the interfiling was successful, you don't know which job position and job duties to follow while changing company.
So that means I can switch based on EB3 and AC21.
If you want to interfile with EB2, you would need to wait until the EB2 I140 gets approved.
The process with interfiling is not very clear. This means that, once you interfile for EB2, until you get a letter stating the interfiling was successful, you don't know which job position and job duties to follow while changing company.
So that means I can switch based on EB3 and AC21.
more...
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InTheMoment
08-18 12:11 PM
Yes that is right. The biometrics is essentially only for I-485 and that is the only LUD that may get updated.
i did the same... selected 485 only, i asked the lady who checked ID she said that was ok...
also if you think about it the FP notice was for 485, if EAD or AP requires FP we should get separate FP notices init? :) (thats my take on it)
i did the same... selected 485 only, i asked the lady who checked ID she said that was ok...
also if you think about it the FP notice was for 485, if EAD or AP requires FP we should get separate FP notices init? :) (thats my take on it)
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draino
04-15 11:42 AM
It's not an engine, it's an S&S V-Twin power house. I didn't realize we were being judged on the complexity of font used.... I must have missed that part in the rules.
Come on man, It's Friday! Lighten up.
:thumb:
Come on man, It's Friday! Lighten up.
:thumb:
more...
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sve0390
09-29 01:52 AM
Q : Will this affect my ability to travel?
Possibly, if you leave the country prior to the completion of the receipting process and do not have the appropriate travel documents, you may have difficulty returning to the United States.
Ok so no travel unless you have AP...right?
We decided to wait until we received our I-485 notices (got them) or the AP (not yet).
Possibly, if you leave the country prior to the completion of the receipting process and do not have the appropriate travel documents, you may have difficulty returning to the United States.
Ok so no travel unless you have AP...right?
We decided to wait until we received our I-485 notices (got them) or the AP (not yet).
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go_guy123
02-18 04:18 PM
Canada has been using this for skilled worker program, where individuals can apply for Canadian permanent residency independently if they fullfill the passmark. Other countries like Australia, UK and New Zealand also follow suit with different types of difficulties.
How about US? Would US adopt this?
G.
Point system can be adopted but either way it has to be strict so that
the eligible people are lesser, like giving points for work exp in US etc(onL1
or H1b).
Aust system is also pretty strict and only people who are working/studying in Aust can qualify.
Any system that delinks the employer - GC sponsering system will reduuce the problems to some extent. but retrogression will be there if
too many people apply.
How about US? Would US adopt this?
G.
Point system can be adopted but either way it has to be strict so that
the eligible people are lesser, like giving points for work exp in US etc(onL1
or H1b).
Aust system is also pretty strict and only people who are working/studying in Aust can qualify.
Any system that delinks the employer - GC sponsering system will reduuce the problems to some extent. but retrogression will be there if
too many people apply.
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whattodo21
04-26 03:26 PM
Currently on H4 and validity expires on 09/23/2010. Can be applied for extension when principal applicants H1B is being extended(from his company), but since I have my H1B case filed with USCIS, will it create any conflict if I apply for H4 extension now? (ideally for 7 days (23rd sept to 30th sept) !! 'coz if approved, H1B status becomes valid from Oct 1st, right? )
Also, is there any rule which states that, when a case is pending with USCIS, legally you are not supposed to leave the country?
Thanks in advance,
Sabitha
your question is that you are on h4 and have applied for H1. Your h4 will expire in sept.
If your h1b is approved, your h4 extension will be invalidated.... i think. check with the lawyer though
Also, is there any rule which states that, when a case is pending with USCIS, legally you are not supposed to leave the country?
Thanks in advance,
Sabitha
your question is that you are on h4 and have applied for H1. Your h4 will expire in sept.
If your h1b is approved, your h4 extension will be invalidated.... i think. check with the lawyer though
sethurama
10-18 01:33 PM
Hi rpatel,
My 140 was approved few months back. My lawyer specifed consular processing without my knowledge.
How do i change it to AOS?. I heard that when my PD is current NVC will sent forms. Do I need to specify AOS in that form?. Who will get those forms?. Attorney or applicant.
Please respond
Thanks a lot
Ram
My 140 was approved few months back. My lawyer specifed consular processing without my knowledge.
How do i change it to AOS?. I heard that when my PD is current NVC will sent forms. Do I need to specify AOS in that form?. Who will get those forms?. Attorney or applicant.
Please respond
Thanks a lot
Ram
StarSun
04-22 09:35 AM
1 . Where is the donor forum? I could not find it
Donor Forum is visible only to the donors in the forum page.
2. I am a donor (two times). But I do not have access to it.
Donor forum access is provided to verified current donors only. Past donors cannot subscribe to this forum - it does not work like yearly/lifetime membership. To have continuous access to the donor forum, you will have to be a recurring donor.
However, if you have donated recently and cannot access donor forum, please contact me and I will be glad to help. Thanks.
Donor Forum is visible only to the donors in the forum page.
2. I am a donor (two times). But I do not have access to it.
Donor forum access is provided to verified current donors only. Past donors cannot subscribe to this forum - it does not work like yearly/lifetime membership. To have continuous access to the donor forum, you will have to be a recurring donor.
However, if you have donated recently and cannot access donor forum, please contact me and I will be glad to help. Thanks.
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