Munna Bhai
11-09 05:55 AM
Just a thought.... Don't waste your time with dishonest employers. I have wasted 2 years on my previous employer. I would have my PD 2001. My friend wasted 3 years. Now and me and my friend work for different companies, with very good relationship, having no problem interacting with lawyers or having our employers sign any paper CIS might ask. I had victim mentality until I realized that it's a market economy. You sell, your employer buys. If you don't like to deal with him, start looking for another "buyer". Don't rush. Find a good job, transfer your H1, and start everything afresh - I know it's hard, but that's a way to go. Don't be stuck to your employer for 5 years and later cry "my employer didn't want to apply for I-140, didn't give me latter for I-485", "my lawyer didn't respond to RFE, now I'm in trouble", etc. etc. CIS/DOL will give you enough headache even without employer's "assistance".
And, btw, I have waited 9 months for my PERM to be approved. No RFE, no nothing - just 9 freaking months.
I agree with Bestia but the only problem is finding a good employer and trusting someone. In this market everyone wants to take advantage of poor H1bs so kind of tricky to take any decision.
And, btw, I have waited 9 months for my PERM to be approved. No RFE, no nothing - just 9 freaking months.
I agree with Bestia but the only problem is finding a good employer and trusting someone. In this market everyone wants to take advantage of poor H1bs so kind of tricky to take any decision.
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bpratap
09-03 08:26 PM
Anybody who works for consulting co. got extension approved ? without RFE ?
wandmaker
10-12 04:17 PM
you need to get paid all the time. Even during maternity leave. Not getting paid is voilation of status and violation of employer-employee relationship.
In OPs case, one can maintain the status without getting paid - they just need to prove there is an employer-employee relationship exists. You are correct, if the employer simply dumped you on bench
In OPs case, one can maintain the status without getting paid - they just need to prove there is an employer-employee relationship exists. You are correct, if the employer simply dumped you on bench
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mariano
07-29 03:54 AM
Hi!
My employer has changed the conditions of my employment since we mutually agreed to start the greencard process (reduced benefits, increased my out-of-pocket expenses, did not give yearly increase and bonuses promised at the beginning of my employment). I am now unable to make ends meet with my current salary and there is no sign I will get an increase soon. Will this constitute as valid reason if I quit my job in, say, 1 month from receiving the greencard?
Also, the Senior position specified in the I-140 is not available right now. Do I have the right to claim it, now that the greencard had been approved? If they won't give it to me, will this be a valid reason to quit and not jeopardize my GC with the USCIS?
Please advise. Thank you!
Hi!
My employer has changed the conditions of my employment after we mutually agreed to start the greencard process (reduced benefits, increased my out-of-pocket expenses, did not give yearly increase and bonuses promised at the beginning of my employment). I am now unable to make ends meet with my current salary and there is no sign I will get an increase soon. Will this constitute as valid reason if I quit my job in, say, 1 month from receiving the greencard?
Also, the Senior position specified in the I-140 is not available right now. Do I have the right to claim it, now that the greencard had been approved? If they won't give it to me, will this be a valid reason to quit and not jeopardize my GC with the USCIS?
Please advise. Thank you!
My employer has changed the conditions of my employment since we mutually agreed to start the greencard process (reduced benefits, increased my out-of-pocket expenses, did not give yearly increase and bonuses promised at the beginning of my employment). I am now unable to make ends meet with my current salary and there is no sign I will get an increase soon. Will this constitute as valid reason if I quit my job in, say, 1 month from receiving the greencard?
Also, the Senior position specified in the I-140 is not available right now. Do I have the right to claim it, now that the greencard had been approved? If they won't give it to me, will this be a valid reason to quit and not jeopardize my GC with the USCIS?
Please advise. Thank you!
Hi!
My employer has changed the conditions of my employment after we mutually agreed to start the greencard process (reduced benefits, increased my out-of-pocket expenses, did not give yearly increase and bonuses promised at the beginning of my employment). I am now unable to make ends meet with my current salary and there is no sign I will get an increase soon. Will this constitute as valid reason if I quit my job in, say, 1 month from receiving the greencard?
Also, the Senior position specified in the I-140 is not available right now. Do I have the right to claim it, now that the greencard had been approved? If they won't give it to me, will this be a valid reason to quit and not jeopardize my GC with the USCIS?
Please advise. Thank you!
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Chicago Desi
03-15 03:39 PM
Yes, wait for an RFE and do what they ask you to do in that RFE.
My wife and I did our medicals last July and applied for our I485. However, my wife was pregnant so the doctor decided to not do x-rays and some vaccinations and inform USCIS it should be done after the pregnancy.
Now after we had the baby, do we have to wait for an RFE to come asking us for the missing part of the medical? Or can we be proactive and go complete the medicals and send it to USCIS?
Our PD and RD are close to becoming current, so we may benefit if the second scenario is possible.
My wife and I did our medicals last July and applied for our I485. However, my wife was pregnant so the doctor decided to not do x-rays and some vaccinations and inform USCIS it should be done after the pregnancy.
Now after we had the baby, do we have to wait for an RFE to come asking us for the missing part of the medical? Or can we be proactive and go complete the medicals and send it to USCIS?
Our PD and RD are close to becoming current, so we may benefit if the second scenario is possible.
godbless
12-14 04:12 PM
Thanks all.
1) While filing AP online it asks if I want to add more filings. I want to add my wife's I-131 as well. Also my wife is a derivative beneficiary of my pending 485. So, my question is should my wife and my AP supporting documents be mailed in the same packet, even though I will
create 2 separate files in the same packet. Please advise. Else, how will they know that my wife's AP renewal is linked to mine.
2) There is a section which asks for the data of Intended departure. In paper based filing i would type unknown at present time. But in e-file, i cant type that in the date field. Can I leave this field and the length of stay blank ?
3) Part 7 Info for me asks only if my trip is for single entry or multiple entry. It does not ask for any supplemental Info. What is this supplemental info people talk about ?
__________________________________________________ _
1. Make 2 sets of documents and send them separately. They would know because you would send a copy of I 485 petition of your wife as well in her packet.
2. You can put some future date in there.
3. It will be multiple entry. You have to write some thing describing the need for this AP.
I hope it helps.
1) While filing AP online it asks if I want to add more filings. I want to add my wife's I-131 as well. Also my wife is a derivative beneficiary of my pending 485. So, my question is should my wife and my AP supporting documents be mailed in the same packet, even though I will
create 2 separate files in the same packet. Please advise. Else, how will they know that my wife's AP renewal is linked to mine.
2) There is a section which asks for the data of Intended departure. In paper based filing i would type unknown at present time. But in e-file, i cant type that in the date field. Can I leave this field and the length of stay blank ?
3) Part 7 Info for me asks only if my trip is for single entry or multiple entry. It does not ask for any supplemental Info. What is this supplemental info people talk about ?
__________________________________________________ _
1. Make 2 sets of documents and send them separately. They would know because you would send a copy of I 485 petition of your wife as well in her packet.
2. You can put some future date in there.
3. It will be multiple entry. You have to write some thing describing the need for this AP.
I hope it helps.
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sanju_dba
04-20 11:03 AM
BTW in politics right or wrong is rarely a consideration.
...thats enough to see a sleepwalker!
...thats enough to see a sleepwalker!
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Lisap
08-03 12:15 PM
Thank you all this helps a lot!! Lisa
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fcres
07-20 05:18 PM
This is news to me also. Once my current H1 expires I'm also planning to work on EAD and change to H4. One attorney adviced me to do that so that in case something happens to our I-485, I'll be on H4 and be still on status in this country to appeal for an MTR.
Another attorney told me to just work on EAD, no need to file H4 but I can if that will give me a peace of mind.
But what this attorney described here make sense too. If working on EAD invalidates H1, it should invalidate H4 also. But then again like the OP said I have known people who were on H4 and started working when they got EAD and extended their H4.
Is it different in case its the beneficiary of the I485 thats moving to H4?
Saloni, have you gotten any more info and could you please provide the link to the memo you are talking about?
Another attorney told me to just work on EAD, no need to file H4 but I can if that will give me a peace of mind.
But what this attorney described here make sense too. If working on EAD invalidates H1, it should invalidate H4 also. But then again like the OP said I have known people who were on H4 and started working when they got EAD and extended their H4.
Is it different in case its the beneficiary of the I485 thats moving to H4?
Saloni, have you gotten any more info and could you please provide the link to the memo you are talking about?
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sam_hoosier
05-18 01:13 PM
I want to purchase an house in Washington DC/MD/VA. My office is close to Rockville. Please recommend the best place to buy an house based on the following criteria.
1> Very good school district
2> Low property tax
3> Very low crime rate
4> Rental value should be same as mortgage amount+insurance+PMI+property tax
5> Property values should be in 300K range max
6> Lot of Indians
9> Maximum distance to DC should not exceed 30 miles
10> Close to shopping places
Dont look at VA - commute to MD will be killing.
DC is expensive.
Look at Frederick, Gaithersburg, Rockville, Bethesda in MD
1> Very good school district
2> Low property tax
3> Very low crime rate
4> Rental value should be same as mortgage amount+insurance+PMI+property tax
5> Property values should be in 300K range max
6> Lot of Indians
9> Maximum distance to DC should not exceed 30 miles
10> Close to shopping places
Dont look at VA - commute to MD will be killing.
DC is expensive.
Look at Frederick, Gaithersburg, Rockville, Bethesda in MD
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chehuan
01-18 10:12 AM
My h1 started in 2009 October which means I have 4 years and 9 months more of h1 left with me
Do you think moving to a new company should be a better idea?
considering the fact that my application would be rejected eventually?
any new company would also take a year to start my application and would mostly take 6 months to get a new job! effectively I would have 3 years of h1 cycle 2 for the new one
should i just wait and see if i get audited and if I do just move to a new place?
What would be my best bet?
-chehuan
Do you think moving to a new company should be a better idea?
considering the fact that my application would be rejected eventually?
any new company would also take a year to start my application and would mostly take 6 months to get a new job! effectively I would have 3 years of h1 cycle 2 for the new one
should i just wait and see if i get audited and if I do just move to a new place?
What would be my best bet?
-chehuan
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glus
03-19 11:55 AM
Gurus,
I am writing on behalf of a close friend who is too worried to write it for himself.
Case:
He is a July 2007 filer with PD of Nov 2003 and recently had his I485 rejected. Reason - I140 denied and no appeal. However, when he checks his I140 status, it says, its still pending. He had received an RFE on I140 in October 2007 about Employment status and he had submitted all the required evidence. He also is in the same company that filed his labor. The only change he ever made is moving to a new place in the same city. Does anyone have a similar experience? What needs to be done apart from consulting a good immigration attorney? Your advice will be much appreciated.
Well. Even if I140 was denied for no good reason, and your friend files an appeal and it eventually gets approved, his priority date must be current when he re-submits his I485. So, this way or another, he needs to get I140 approved. I140 appeals take a long time. Maybe, he can try to re-do I140? That would be much faster and probably less expensive.
I am writing on behalf of a close friend who is too worried to write it for himself.
Case:
He is a July 2007 filer with PD of Nov 2003 and recently had his I485 rejected. Reason - I140 denied and no appeal. However, when he checks his I140 status, it says, its still pending. He had received an RFE on I140 in October 2007 about Employment status and he had submitted all the required evidence. He also is in the same company that filed his labor. The only change he ever made is moving to a new place in the same city. Does anyone have a similar experience? What needs to be done apart from consulting a good immigration attorney? Your advice will be much appreciated.
Well. Even if I140 was denied for no good reason, and your friend files an appeal and it eventually gets approved, his priority date must be current when he re-submits his I485. So, this way or another, he needs to get I140 approved. I140 appeals take a long time. Maybe, he can try to re-do I140? That would be much faster and probably less expensive.
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dc2007
08-05 12:56 PM
It was less than year. See answers below..
When was ur recent visa issued?
My recent Visa was issues in Nov 2006 (less than year). This is my 2nd H1(new) with the same company. I worked with the same company in US from 1999 till 2004 dec. Then was in India for 2 years and came back again on new H1 in Jan 2007. Labor was filed in 2004.
If it is more than 1 year then G-825A wont be cross checked with the info what you gave on DS-157.
This is very good point. I am putting all my info as per DS-157. But the confusion is over what address I will show while I was in USA. Definitley I will put Indian addresses while I was in India and US addresses while I was in US.
Question is: What US Address should I show - which are in my tax-return ?
____________________
Contirbuted $280 so far
When was ur recent visa issued?
My recent Visa was issues in Nov 2006 (less than year). This is my 2nd H1(new) with the same company. I worked with the same company in US from 1999 till 2004 dec. Then was in India for 2 years and came back again on new H1 in Jan 2007. Labor was filed in 2004.
If it is more than 1 year then G-825A wont be cross checked with the info what you gave on DS-157.
This is very good point. I am putting all my info as per DS-157. But the confusion is over what address I will show while I was in USA. Definitley I will put Indian addresses while I was in India and US addresses while I was in US.
Question is: What US Address should I show - which are in my tax-return ?
____________________
Contirbuted $280 so far
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shana04
12-31 01:54 PM
If you had bothered to search these forums you would have got your answers in 5 minutes. However its just easier to ask something and sit there waiting, right? instead of reaching out, researching a bit?
Now that someone has answered your questions, would you consider atleast contributing (http://immigrationvoice.org/forum/showthread.php?t=15905) to IV? The same questions you have asked here, if you ask some of the good lawyers, would have cost you $300!
Please do not hurt any ones feelings and sentiments (think about your self in that situation and then answer.
People come to IV because they think that there are some good people who would suggest and help.
And please remember one thing, if you are in a hurry and dont have time. you would not think about browing or searching, but post your quesiton. And who knows he might have even done his browsing and asking for experts opinion.
And IV is an org and it at their wish and will of individual whether to contribute or not.
so please do not force any one.
Good luck to you.
Now that someone has answered your questions, would you consider atleast contributing (http://immigrationvoice.org/forum/showthread.php?t=15905) to IV? The same questions you have asked here, if you ask some of the good lawyers, would have cost you $300!
Please do not hurt any ones feelings and sentiments (think about your self in that situation and then answer.
People come to IV because they think that there are some good people who would suggest and help.
And please remember one thing, if you are in a hurry and dont have time. you would not think about browing or searching, but post your quesiton. And who knows he might have even done his browsing and asking for experts opinion.
And IV is an org and it at their wish and will of individual whether to contribute or not.
so please do not force any one.
Good luck to you.
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dionysus
03-17 01:59 PM
Hi, continuing the same line of discussion, I have a slightly different question. Assuming the insurance company does not reimburse us for 485 medical exams, then can we atleast seek tax rebate on this expenditure? In other words, are the medical expenses incurred for 485 filing deductible at the time of tax filing?
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anuh1
03-24 02:21 PM
I am also in the same boat. i have applied for PWD on second week of Feb but still waiting. it looks like it is taking around 6 to 7 months just for applying labor and after that approval will be one more year assuming no RFE.
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gc genie
12-30 10:45 AM
bump
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01-18 08:57 PM
Eb2
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santb1975
12-08 11:13 PM
until I started tracking some immigration debate's this year.
Jyotsna
08-17 07:46 PM
"Plan and direct " are the key words here. Being in the same space, I know it is similar. But don't take my word for it.
Hi joydipatic,
I have a question shall appreciate a reply. My job code as it appears on the labor certification is from Dictionary of Occupational titles.. 077.127.014 Can I move to 077.127.022. Thanks in anticipation.
Hi joydipatic,
I have a question shall appreciate a reply. My job code as it appears on the labor certification is from Dictionary of Occupational titles.. 077.127.014 Can I move to 077.127.022. Thanks in anticipation.
go_guy123
10-02 01:51 PM
Can someone on this forum please let me know if i can keep my Canadian PR after my 485 is approved?
I dont think approval is going to come that soon for me (I am in EB3 category PD 09/06).
Reason i have asked the above question is because i have my Canadian PR and i know that i can stay outside canada for 3 yrs out of 5 years to maintain PR.
Incase, 485 does not approve in 3 years, then i have to move to Canada to maintain my PR (no option left).
But incase,485 does gets approved within 3 yrs then i will be in a fix as to whether i should keep PR or GC.
Now if there is an option to keep both, then it is gr8, but what if there is no option. i certainly dont want to loose my Canadian PR as i think in long term Canadian Citizenship is better.
Someone please respond.
Long term US citizenship is far better. No confusion about that.
If you have a GC/US citizenship job opportunities are far far more in US.
I know because I live in Canada and worked on H1B in US and also worked in India.
Well for Canadian citizenship you need to physically stay 3 years in the last 4 years.
Coming back to reality EB3-India with PD of 2006, getting GC in the next 3 years is a pipe dream (really what are you smoking ? I also want to try that) without a piecemeal bill passed for visa recapture etc.
The strategy would be to make move to Canada after 2.5 years or so (unless your spouse is a Canadian citizen).
I dont think approval is going to come that soon for me (I am in EB3 category PD 09/06).
Reason i have asked the above question is because i have my Canadian PR and i know that i can stay outside canada for 3 yrs out of 5 years to maintain PR.
Incase, 485 does not approve in 3 years, then i have to move to Canada to maintain my PR (no option left).
But incase,485 does gets approved within 3 yrs then i will be in a fix as to whether i should keep PR or GC.
Now if there is an option to keep both, then it is gr8, but what if there is no option. i certainly dont want to loose my Canadian PR as i think in long term Canadian Citizenship is better.
Someone please respond.
Long term US citizenship is far better. No confusion about that.
If you have a GC/US citizenship job opportunities are far far more in US.
I know because I live in Canada and worked on H1B in US and also worked in India.
Well for Canadian citizenship you need to physically stay 3 years in the last 4 years.
Coming back to reality EB3-India with PD of 2006, getting GC in the next 3 years is a pipe dream (really what are you smoking ? I also want to try that) without a piecemeal bill passed for visa recapture etc.
The strategy would be to make move to Canada after 2.5 years or so (unless your spouse is a Canadian citizen).
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