perm2gc
12-09 03:05 AM
Hi,
I am going to get married next week.
I am a H-1b visa holder and I have applied for green card. I am waiting to get approval of I-140.
I want to file the H-4 visa for my wife and I have couple questions :
1) How difficult is to apply for H-4 ? Do I need a lawyer for that ?
2) How will my new status effect my green card application ? Do I need to apply again for I-140 ?
Thank you for your help.
Andrea
1. First time it is always good to approach thru an immigration attorney.
2.No you don't have to.
I am going to get married next week.
I am a H-1b visa holder and I have applied for green card. I am waiting to get approval of I-140.
I want to file the H-4 visa for my wife and I have couple questions :
1) How difficult is to apply for H-4 ? Do I need a lawyer for that ?
2) How will my new status effect my green card application ? Do I need to apply again for I-140 ?
Thank you for your help.
Andrea
1. First time it is always good to approach thru an immigration attorney.
2.No you don't have to.
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kondur_007
08-28 03:38 PM
Mine is basically a hopeless case.
EB3 India with PD Feb 2007.
My EAD, AP and II140 are all approved because of the July Fiasco and its been more than 180 days since they all got approved.
I have my EAD and AP in hand, but I140 is with employer. I neither have a copy of it, nor the receipt number/tracking for it . All I know is that it is approved. My employer will not give it to me as it is not required by law. I am still working on H1 (haven't used EAD yet)
Recently the client I am working with asked if I would be interested in a full time with them and said I can use my EAD. Is it possible for me to take up this offer without having any details about my I140 except knowing that it is approved.?
PS: I trust my employer. If they said my I140 is approved, then it is.
Safest thing to do: get a copy of I 140 approval and also copy of labor certification from USCIS via Freedom of Information act request (FOIA).
This way, you case will be clean (you need to use AC 21 and new job needs to be same or similar to the one for which you have GC filed; this requires a good attorney's help along with job titile and job description in original labor).
Good Luck.
EB3 India with PD Feb 2007.
My EAD, AP and II140 are all approved because of the July Fiasco and its been more than 180 days since they all got approved.
I have my EAD and AP in hand, but I140 is with employer. I neither have a copy of it, nor the receipt number/tracking for it . All I know is that it is approved. My employer will not give it to me as it is not required by law. I am still working on H1 (haven't used EAD yet)
Recently the client I am working with asked if I would be interested in a full time with them and said I can use my EAD. Is it possible for me to take up this offer without having any details about my I140 except knowing that it is approved.?
PS: I trust my employer. If they said my I140 is approved, then it is.
Safest thing to do: get a copy of I 140 approval and also copy of labor certification from USCIS via Freedom of Information act request (FOIA).
This way, you case will be clean (you need to use AC 21 and new job needs to be same or similar to the one for which you have GC filed; this requires a good attorney's help along with job titile and job description in original labor).
Good Luck.
kirupa
06-20 06:20 PM
haha, great story on how it all just worked :P
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krishna_brc
01-29 05:40 PM
Hi
I came to us on H4 in 2007 and the got my H1B in 2008. I am not getting a job on H1 yet so i want to know that till when the H1B be valid as I am not genarating any salery and my consultant is not running my pay roll ?
And if the H1 goes dorment then what can be done next?
H1 would be valid/active the moment you accept employment with H1-B sponsoring employer.
Since you haven't started working and assuming you haven't accepted the offer from the
H1 sponsoring employer, YOU should be fine.
Please take advise from your company attorney.
I came to us on H4 in 2007 and the got my H1B in 2008. I am not getting a job on H1 yet so i want to know that till when the H1B be valid as I am not genarating any salery and my consultant is not running my pay roll ?
And if the H1 goes dorment then what can be done next?
H1 would be valid/active the moment you accept employment with H1-B sponsoring employer.
Since you haven't started working and assuming you haven't accepted the offer from the
H1 sponsoring employer, YOU should be fine.
Please take advise from your company attorney.
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sw33t
08-01 02:31 PM
Come on people. I wont stop bumping this thread until we reach 100.
:)
So sign up!
http://groups.yahoo.com/group/texasiv
:)
So sign up!
http://groups.yahoo.com/group/texasiv
Desertfox
02-26 01:24 PM
I was in the same boat and I can tell you that you have to pretty much depand on your company attorney. In my case it took 2-3 inch thick stack of documents to prove the relationship of the US company with its foreign subsidiary and if you are trying to get L-1A (multinational executive/manager), it will take another bunch of documents to prove your credibility, your existing status with the company as a manager/executive in the foreign subsidiary, your proposed role in the US company and a lot more. I guess it would be wise for you to let the attorney handle the case as you probably won't have much to do with the whole process. However, the positive news for you is that almost all of the well documented and properly filed L-1 petitions are approved by USCIS, and any experienced immigration attorney won’t have much of a problem getting you approved.:)
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udaykaran
05-15 07:10 PM
http://www.cnn.com/2007/TECH/05/15/high.tech.visas.ap/index.html?eref=yahoo
Its high time Govt looks into H1B abuse and address it. Due to the abuse, H1B might get scrapped altogether.
Its high time Govt looks into H1B abuse and address it. Due to the abuse, H1B might get scrapped altogether.
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rockdanation
03-13 07:29 PM
Hi,
My employer has been playing this game with me. He filed for my Labour and it got approved in August of 2007. However he did not file for my I-140 until Feb of 2008 , just a week before the labour would expire. Now its been over year , he does not give me my SRC number but keeps telling me its been approved under EB-2 catagory. As for me , I am current in EB-2 , I just checked April Bulletin and I still am current. It looks like he is not going to file for my 485. Is there anyway I can make him file or file myself. Please know, the lawyer is on his side as well. I have asked the lawyer number of times for SRC number but he does not provide that either. What are my option other than joining a new company.
Thanks
My employer has been playing this game with me. He filed for my Labour and it got approved in August of 2007. However he did not file for my I-140 until Feb of 2008 , just a week before the labour would expire. Now its been over year , he does not give me my SRC number but keeps telling me its been approved under EB-2 catagory. As for me , I am current in EB-2 , I just checked April Bulletin and I still am current. It looks like he is not going to file for my 485. Is there anyway I can make him file or file myself. Please know, the lawyer is on his side as well. I have asked the lawyer number of times for SRC number but he does not provide that either. What are my option other than joining a new company.
Thanks
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raysaikat
07-08 10:39 PM
but we sent out the application package on June 28 (Friday) and the USCIS received our package on July 1st (Based on the Fedex tracking record). There is no way that my employer can refer to the new prevailing wage databse, which is released on July 1st.
Well, technically your employer is not supposed to set the wage based on the prevailing wage (or any other immigration related number). Your wage should be based on the job you perform.
Well, technically your employer is not supposed to set the wage based on the prevailing wage (or any other immigration related number). Your wage should be based on the job you perform.
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h1bwala
04-25 11:38 PM
I have a query related to entitlement of salary and back wages. I was laid off by a big MNC software company based in Texas in Oct 2009 . Just in span of 1 week , i was offered a position by desi consulting company starting November 1 . They started my H1 transfer process stating starting date as November 1 on LCA petition . I was told to wait until H1 receipt comes and client gives green signal to start the project.
Even after getting the receipt on 30th November , i was never sent on project neither paid .
I waited till 31st December and left the country on 1st Jan 2010.
What are my rights ? Am i entitled to get the back wages as stated on LCA petition because i was never paid by employer till date ?
What is the duration period i could get the salary ?
Please let me know the process to get my pending salary if i am entitled to get any
Even after getting the receipt on 30th November , i was never sent on project neither paid .
I waited till 31st December and left the country on 1st Jan 2010.
What are my rights ? Am i entitled to get the back wages as stated on LCA petition because i was never paid by employer till date ?
What is the duration period i could get the salary ?
Please let me know the process to get my pending salary if i am entitled to get any
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priti8888
08-02 11:56 AM
My cousin is and was in very good terms with employer. He talked to the manager and the HR and managed to change position but not the title(on paper). If you think your PD is light years away , you can convince your company to do the same. My cousin made sure that the HR is well aware of this in case they get an RFE. If you wish, then 6 months before you think u'll get your GC-- switch to Technical position to be safe...
All this is an issue only if you get an RFE.
There is always a risk though
All this is an issue only if you get an RFE.
There is always a risk though
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Becks
02-08 11:48 AM
I think any non-H1 (including H4) stay wont count. You will have full 6 yrs on H1 visa.
Hi,
I am currently in L1B visa , i am in US for 40 Months. The total period that i can be in US in L1B is 5 yrs .
I am planning to do my H1B this year (2008), having already elapsed 40 months, if i get a H1B will the period elapsed ( 40 months in L1B) be accounted or i will get the H1b for 3 yrs.
Thanks
Hi,
I am currently in L1B visa , i am in US for 40 Months. The total period that i can be in US in L1B is 5 yrs .
I am planning to do my H1B this year (2008), having already elapsed 40 months, if i get a H1B will the period elapsed ( 40 months in L1B) be accounted or i will get the H1b for 3 yrs.
Thanks
more...
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goldkey266
03-28 09:49 PM
Friends,
I just got my PERM approved and I am debating about next steps of my eb-3.
it looks now that with the current retrogression the process will take 5 years. the company I am working for is not very stable and probably will be sold in the next 24 months.
I can look for another company that will sponsor me, but even if I will find one I need to start all over again and that will throw me at least 1 year back (not to mention the money I already spent so far, which was a lot)
What do you think
I just got my PERM approved and I am debating about next steps of my eb-3.
it looks now that with the current retrogression the process will take 5 years. the company I am working for is not very stable and probably will be sold in the next 24 months.
I can look for another company that will sponsor me, but even if I will find one I need to start all over again and that will throw me at least 1 year back (not to mention the money I already spent so far, which was a lot)
What do you think
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neeidd
08-05 12:20 PM
We will not see any approvals unless we act togther and campaign for our cause. Please join us. More details at
http://immigrationvoice.org/forum/showthread.php?t=20657
The thread you linked for I-140 delays. I am asking about I-485 approvals :)
http://immigrationvoice.org/forum/showthread.php?t=20657
The thread you linked for I-140 delays. I am asking about I-485 approvals :)
more...
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CADude
10-19 12:54 PM
My friend also don't have any issue. He filled on June 10th 2007 and has to leave county on June 12th 2007. He and spouse got stamping and came back to US on July 11th 2007. They have done FP and got EAD.
It's advisible to to have Receipt# before leaving and I am hoping you will get in next 8 weeks for sure. Good Luck.
I have I-140 approved and also based on I-140, I have 3 years H1B approved which expires in 2010.
My I-485 was rejected and I have re-submitted which is obviously pending and not further news on that (refiled on 10/10/07 at CSC)
I have following questions:
1. If I want to travel to INDIA for 6-8 weeks, Is there any problem?
2. Can I get H1B VSIA stampled at BOMBAY?
3. Do I need any other document except H1B approval notice & I-140 approval notice?
4. Do I need to mention about I-485 been filed?
Please help. Thank you in advance.
It's advisible to to have Receipt# before leaving and I am hoping you will get in next 8 weeks for sure. Good Luck.
I have I-140 approved and also based on I-140, I have 3 years H1B approved which expires in 2010.
My I-485 was rejected and I have re-submitted which is obviously pending and not further news on that (refiled on 10/10/07 at CSC)
I have following questions:
1. If I want to travel to INDIA for 6-8 weeks, Is there any problem?
2. Can I get H1B VSIA stampled at BOMBAY?
3. Do I need any other document except H1B approval notice & I-140 approval notice?
4. Do I need to mention about I-485 been filed?
Please help. Thank you in advance.
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aat0995
05-03 07:02 AM
Check out immigrationportal.com for such things.
more...
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waiting4gc02
02-20 07:42 AM
Guys:
I wanted to know that if somebody has currently an approved LC and I-140(EB-3) with Company A and decided to change jobs to Company B, who would now file under EB-2.
a) Can he hold on to his EB3 priority date..though the new petition would be filed under EB-2 ?
Yes, I know a lot of ppl have asked this question in the wake of the retrogession that we are all sufferning through ?
b) If this Company B were to file for H1-B , as I understand it would count towards the 2007-2008 quota which opens on April 1st '07...does this scenario also force you to not start working till Oct'07 (which is when ppl who file in the 2007-08 quota are supposed to start working).
What I am trying to understand is that in this scenario can you change jobs and start to work for Company B without having to wait till Oct'07 ?
Thanks
I wanted to know that if somebody has currently an approved LC and I-140(EB-3) with Company A and decided to change jobs to Company B, who would now file under EB-2.
a) Can he hold on to his EB3 priority date..though the new petition would be filed under EB-2 ?
Yes, I know a lot of ppl have asked this question in the wake of the retrogession that we are all sufferning through ?
b) If this Company B were to file for H1-B , as I understand it would count towards the 2007-2008 quota which opens on April 1st '07...does this scenario also force you to not start working till Oct'07 (which is when ppl who file in the 2007-08 quota are supposed to start working).
What I am trying to understand is that in this scenario can you change jobs and start to work for Company B without having to wait till Oct'07 ?
Thanks
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WAIT_FOR_EVER_GC
10-25 03:13 PM
Go for the long term assignment on L1. Apply for GC in america and live happily. They will or cannot stop your wife to apply for your GC if you are on L1.
You will also have US experience which will help you a lot later.
Untill and Unless you have something else in your mind that you have not mentioned here
I would think you should take up L1.
GC bhi milegal.
US jaldi aaoge.
US experience
Ek teer se teen nishane
Good luck
Hello,
I am an Indian living and working in Gurgaon, India, and my wife is an American citizen. We're planning to apply for my GC and move to the US sometime next year but an opportunity has come up in my organization allowing me to take up a long-term assignment (on an L1 visa) in the US within the next 3-4 months.
I'm not sure whether it would be better for me to just take a GC right now (in which case, would my organization even have the option to apply for an L1 for me?) or should I take an L1 and go to the US whenever the opportunity materializes and then apply for my GC there?
I'm not sure about the pros and cons of both options and would really appreciate some advice although I shall be thinking about it some more on my own as well.
Thank you.
Regards,
MrZ
You will also have US experience which will help you a lot later.
Untill and Unless you have something else in your mind that you have not mentioned here
I would think you should take up L1.
GC bhi milegal.
US jaldi aaoge.
US experience
Ek teer se teen nishane
Good luck
Hello,
I am an Indian living and working in Gurgaon, India, and my wife is an American citizen. We're planning to apply for my GC and move to the US sometime next year but an opportunity has come up in my organization allowing me to take up a long-term assignment (on an L1 visa) in the US within the next 3-4 months.
I'm not sure whether it would be better for me to just take a GC right now (in which case, would my organization even have the option to apply for an L1 for me?) or should I take an L1 and go to the US whenever the opportunity materializes and then apply for my GC there?
I'm not sure about the pros and cons of both options and would really appreciate some advice although I shall be thinking about it some more on my own as well.
Thank you.
Regards,
MrZ
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paulinasmith
08-05 12:49 PM
Hi
I completed my 6th year H1B in April 2010 and am currently on a 7th year extension based on a pending PERM application with my current employer.
I am currently considering taking an offer from a new employer who is willing to process my H1b transfer and my question is:
1) Is it possible to transfer a 7th year extension to a new employer given that PERM will still be pending?
2) If yes, will I need to give them any evidence regarding the pending PERM as I don't have any document on it except the receipt number from DOL.
3) My current H1b expiration date is in April 2011. If the new employer files for an H1b transfer in July 2010, will I get the same H1b expiration date or a new one (i.e. July 2011)?
This is important in my case because my wife who is currently a LPR will be eligible to become a US Citizen in June 2011 and I will likely not need to go through the PERM process.
Any advice on the above will help a lot.
Thank you!!!!!
Well you can join the new employer and they can apply for H1B Transfer. After April 2011 you can get extension or even F1 visa is useful for 1 year. After 1 year u can again come back to H1B status.
I completed my 6th year H1B in April 2010 and am currently on a 7th year extension based on a pending PERM application with my current employer.
I am currently considering taking an offer from a new employer who is willing to process my H1b transfer and my question is:
1) Is it possible to transfer a 7th year extension to a new employer given that PERM will still be pending?
2) If yes, will I need to give them any evidence regarding the pending PERM as I don't have any document on it except the receipt number from DOL.
3) My current H1b expiration date is in April 2011. If the new employer files for an H1b transfer in July 2010, will I get the same H1b expiration date or a new one (i.e. July 2011)?
This is important in my case because my wife who is currently a LPR will be eligible to become a US Citizen in June 2011 and I will likely not need to go through the PERM process.
Any advice on the above will help a lot.
Thank you!!!!!
Well you can join the new employer and they can apply for H1B Transfer. After April 2011 you can get extension or even F1 visa is useful for 1 year. After 1 year u can again come back to H1B status.
kriskris
12-02 10:43 PM
Why would one get a LUD on an OLD h1 with no LUD on anything else?
Just got CRIS email/LUD (no status change) on an old h1b that had no status change since Oct 2004. No LUD on the I140/485 or anything else. Only thing that makes sense to me is that my H1b is about to expire on dec 10 so maybe it has to do with that?
Anyone else have a similar experience. it's a little nerve wrecking.
Even I had a soft LUD on my old H1 which was expired and was approved way back in May 2004.
Just got CRIS email/LUD (no status change) on an old h1b that had no status change since Oct 2004. No LUD on the I140/485 or anything else. Only thing that makes sense to me is that my H1b is about to expire on dec 10 so maybe it has to do with that?
Anyone else have a similar experience. it's a little nerve wrecking.
Even I had a soft LUD on my old H1 which was expired and was approved way back in May 2004.
gk_2000
05-24 08:56 PM
Where is donor forum? Do I have the access already? Here is my payment info:
Payment Sent (Unique Transaction ID #5GL15708NE4933904)
$100
Payment Sent (Unique Transaction ID #5GL15708NE4933904)
$100
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