desi3933
02-11 06:48 AM
Can PERM / 140 be filed by company while I am outside the US?
I was talking to an attorney over the phone today and she said that PERM can be filed followed by 140 even if I am outside the country (working for an overseas department of the company) and I can come back on L1 / H1B, because GC is for future employment.
.....
.....
Your attorney is correct.
_______________________
Not a legal advice.
US Citizen of Indian Origin
I was talking to an attorney over the phone today and she said that PERM can be filed followed by 140 even if I am outside the country (working for an overseas department of the company) and I can come back on L1 / H1B, because GC is for future employment.
.....
.....
Your attorney is correct.
_______________________
Not a legal advice.
US Citizen of Indian Origin
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Jeff Wheeler
04-09 08:04 PM
Great job both of you, and glad I could offer inspiration. :D
akgind
09-25 12:30 PM
For more info, go to Murhty link below, and scroll to the appropriate question.
http://www.murthy.com/chatdb.asp?sFor=interfile&Category=All&B1=Search
http://www.murthy.com/chatdb.asp?sFor=interfile&Category=All&B1=Search
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dummgelauft
07-24 08:47 AM
Short visits outside US, while within contigous North American territory, are not treated as " exit". So, you are fine.
more...
milind70
10-08 12:35 AM
Hi,
I had applied for my H1 extension in June 2008 and waited for some time and then upgraded it to premium processing in July. I did not get any result on my H1 extension but in the meantime my GC was approved in August. My question is will i be able to get my H1 processing fee back, at least the premium processing fee. I heard if your H1 processing doesn't get any result in certain time you will be entitled to get your money back.
Thanks in advance
I highy doubt it that you will get any fees back from USCIS. If you ask about the status of your H1 they will just get back to you saying that your H1 application was rejected since the applicant is n longer in Non Immigrant status as your status chnaged to Immigrant as soon as your Green Card was approved. You can try but very few people have actually recieved fees back from USCIS. Good luck
I had applied for my H1 extension in June 2008 and waited for some time and then upgraded it to premium processing in July. I did not get any result on my H1 extension but in the meantime my GC was approved in August. My question is will i be able to get my H1 processing fee back, at least the premium processing fee. I heard if your H1 processing doesn't get any result in certain time you will be entitled to get your money back.
Thanks in advance
I highy doubt it that you will get any fees back from USCIS. If you ask about the status of your H1 they will just get back to you saying that your H1 application was rejected since the applicant is n longer in Non Immigrant status as your status chnaged to Immigrant as soon as your Green Card was approved. You can try but very few people have actually recieved fees back from USCIS. Good luck
oldguynewguy
12-19 12:08 AM
Thanks for the quick response.
Isn't the GC process independent of what you do now. It is petition for future employment. That is, at the time of adjudication, the employer should still be willing to offer the same position to me or the current employer should provide a letter indicating the responsibilites in the current job are the same as in the original petition.
If I take another job on H-1B, how does the AC21 rule come into play when I am not on EAD?
Also, if there any rule that you have to stay in the current job responsibilities for 6 months after getting GC?
Isn't the GC process independent of what you do now. It is petition for future employment. That is, at the time of adjudication, the employer should still be willing to offer the same position to me or the current employer should provide a letter indicating the responsibilites in the current job are the same as in the original petition.
If I take another job on H-1B, how does the AC21 rule come into play when I am not on EAD?
Also, if there any rule that you have to stay in the current job responsibilities for 6 months after getting GC?
more...
akred
06-18 02:09 AM
my company lawyer did not ask for any tax returns or w2 forms .. Should they be submitted as part of "initial evidence"
Tax returns are not part of "initial evidence". You have to provide them if asked by the USCIS.
BTW, the IRS will mail you tax transcripts for free if you call them. You will get them within a few days.
Tax returns are not part of "initial evidence". You have to provide them if asked by the USCIS.
BTW, the IRS will mail you tax transcripts for free if you call them. You will get them within a few days.
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naveenarjun
02-27 01:41 PM
I am definitely NOT counting on it..Its been while since I though about my long- lost application.
Just thought I would post a question in the hope that someone would say the PD would advance to 2007..Just to keep me going:)
Just thought I would post a question in the hope that someone would say the PD would advance to 2007..Just to keep me going:)
more...
gc_peshwa
05-21 02:01 PM
+1 on above post...I have done my bit now its your turn guys...please dont miss this historic opportunity...It might seem to you they ignore you but if thousands of guys call them it will certainly have an impact...
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pibeeneri
12-20 12:03 PM
Dec. 06 expired a lettler that USCIS send to my employer but we never received the lettler, it was a wrong information for the address my boss was talking with an officer of USCIS and she reported electronically to Nebraska about this problem, we send just in case last Friday again all the documents with the I-140 we don't know what evidence they need, but the thing is that we have to wait ; we don't have a lawyer everything was fine the only problem was that we never received a letter about the I-140 because the address omit the suite number do you think that no matter what we have to find a lawyer ...or just wait... the adjusment was submit in May 2006.
more...
vin13
01-30 08:52 AM
H1 getting cancelled should not affect your Green Card.
You should be able to change as many times as you want. There is no rule. I have changed jobs twice using AC21.
Keep a copy of the AC21 letter and pay stubs, that was submitted by the lawyer for your reference.
There are no clear guidelines or rules for using AC21. As you may already know, there is no need for submitting the AC 21 letter either. So use your judgement.As long as you are working in the similar job type GC process should go fine.
You should be able to change as many times as you want. There is no rule. I have changed jobs twice using AC21.
Keep a copy of the AC21 letter and pay stubs, that was submitted by the lawyer for your reference.
There are no clear guidelines or rules for using AC21. As you may already know, there is no need for submitting the AC 21 letter either. So use your judgement.As long as you are working in the similar job type GC process should go fine.
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HawaldarNaik
12-10 11:04 PM
EB2
Priority Date- Aug-2005
Got EAD renewal for 2 years
Priority Date- Aug-2005
Got EAD renewal for 2 years
more...
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baburob2
04-29 10:40 PM
Gurus Pls help
I was with Company A whn I got married which had my visa and I 94 till Nov 08,2006. My wife wnt to consul. and got her visa and I-94 till same date.
I came back to US alone and changed to company B in July 06 and got my I-94 till 2009. Since my wife came to USA after that she didnt get her xtension.
i forgot to file for her xtension.
I had to agn change the company C in Dec 06. Thats whn i realised her I-94 expired in Nov. I applied for her I 539. But it wasnt approved by INS.
I have decided to send her back before 180 days, because if she crosses 180 days, it can be a 3 yr ban.
She will have to go back to consulate now now for visa stamping. Will she have a problem?
Thank u
Why don't you apply your H1B in premium rather. Strictly speaking she has have gone out of status. But at the worst case, the USCIS will just approve her I-539 as non extension of status (which means she doesn't get a new I-94 with the extension and rather just gets a H4 approval and would be asked to go to the home consulate for visa stamping and reentry.) . Hence my bet would be to wait for her I-539 approval and then make the decision. But most likely her I-539 extension of status would be just approved (ie she would get a new I-94 with new extension date ) and she doesn't have to travel back to the consulate.
I was with Company A whn I got married which had my visa and I 94 till Nov 08,2006. My wife wnt to consul. and got her visa and I-94 till same date.
I came back to US alone and changed to company B in July 06 and got my I-94 till 2009. Since my wife came to USA after that she didnt get her xtension.
i forgot to file for her xtension.
I had to agn change the company C in Dec 06. Thats whn i realised her I-94 expired in Nov. I applied for her I 539. But it wasnt approved by INS.
I have decided to send her back before 180 days, because if she crosses 180 days, it can be a 3 yr ban.
She will have to go back to consulate now now for visa stamping. Will she have a problem?
Thank u
Why don't you apply your H1B in premium rather. Strictly speaking she has have gone out of status. But at the worst case, the USCIS will just approve her I-539 as non extension of status (which means she doesn't get a new I-94 with the extension and rather just gets a H4 approval and would be asked to go to the home consulate for visa stamping and reentry.) . Hence my bet would be to wait for her I-539 approval and then make the decision. But most likely her I-539 extension of status would be just approved (ie she would get a new I-94 with new extension date ) and she doesn't have to travel back to the consulate.
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hara_patta_for_rico
07-17 01:47 PM
There is an on AILA titled...Update (Such As It Is) on the Visa Bulletin Debacle (Updated 2pm)
Does anyone know what it is about?
Does anyone know what it is about?
more...
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DallasBlue
09-08 02:09 AM
In the pursuit of happiness...
Join the DC Rally on Sept 18th.
with Presidential elections next year and new govt after that, there
is a greater chance that the legislative reform can happen only now
or after long time, may be like after 3 years. So act now or be
prepared to be in limbo for years ahead.
It is very important that we attened the rally and get ourselves out
of the probationary status that we are in. Probationary status both
in career and family life. The GC wait time could be 10
years if you have a PD of jan 2005 or later. Currently it looks like
we would be in this GC limbo for several more years unless we ACT NOW.
Imagine yourself living with the EAD/AP renewal, cannot really in all
trueness be able to work for and work on what you really want and
what your true potential is. Its just so nightmarish aaggghhh soooo
depressing... to remain in the same job designation and same
salary years ahead... for any person with self-esteem and self-
respect...
Lets get our Life back.
Are you not tired of this probationary life ? if you are tired of
AP/EAD renewals , If you have filed your 485 after 2-3 years of
wait , If you are stuck in FBI name check , if you are tired of
arbitraryness/randomness of USCIS's GC processing and approval...
This is the time to step up and help yourself.
Please step up and save yourself and your family from this waiting
game...
Lets get our American Dream !!
If any of you were/are still on the edge and still contemplating to
join.
Here is a piece of support from the popular law firms Shusterman,
Murthy, Greg Siskind and Oh law.
http://www.shusterman.com/
http://www.murthy.com/a_sep18.html
http://www.immigration-law.com/Archive%20XV.html
http://blogs.ilw.com/gregsiskind/2007/07/index.html
Let's move ahead from keying-in the computer keyboard with
frustration!! move ahead to get the much needed legislative reform.
This is going to be a histroic rally, be a part of it.
Lets get our American Dream !!
Lets protect our Dream!!
Dare to dream and care to achieve the dream!!
don't Let anyone tell you what not to dream !!
Lets protect our American dream!!
Lets get our American Dream !!
Lets make it happen!!
Lets go to DC to get GC!
Join the DC Rally on Sept 18th.
with Presidential elections next year and new govt after that, there
is a greater chance that the legislative reform can happen only now
or after long time, may be like after 3 years. So act now or be
prepared to be in limbo for years ahead.
It is very important that we attened the rally and get ourselves out
of the probationary status that we are in. Probationary status both
in career and family life. The GC wait time could be 10
years if you have a PD of jan 2005 or later. Currently it looks like
we would be in this GC limbo for several more years unless we ACT NOW.
Imagine yourself living with the EAD/AP renewal, cannot really in all
trueness be able to work for and work on what you really want and
what your true potential is. Its just so nightmarish aaggghhh soooo
depressing... to remain in the same job designation and same
salary years ahead... for any person with self-esteem and self-
respect...
Lets get our Life back.
Are you not tired of this probationary life ? if you are tired of
AP/EAD renewals , If you have filed your 485 after 2-3 years of
wait , If you are stuck in FBI name check , if you are tired of
arbitraryness/randomness of USCIS's GC processing and approval...
This is the time to step up and help yourself.
Please step up and save yourself and your family from this waiting
game...
Lets get our American Dream !!
If any of you were/are still on the edge and still contemplating to
join.
Here is a piece of support from the popular law firms Shusterman,
Murthy, Greg Siskind and Oh law.
http://www.shusterman.com/
http://www.murthy.com/a_sep18.html
http://www.immigration-law.com/Archive%20XV.html
http://blogs.ilw.com/gregsiskind/2007/07/index.html
Let's move ahead from keying-in the computer keyboard with
frustration!! move ahead to get the much needed legislative reform.
This is going to be a histroic rally, be a part of it.
Lets get our American Dream !!
Lets protect our Dream!!
Dare to dream and care to achieve the dream!!
don't Let anyone tell you what not to dream !!
Lets protect our American dream!!
Lets get our American Dream !!
Lets make it happen!!
Lets go to DC to get GC!
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lostinbeta
10-13 12:53 AM
Did you fix it?
more...
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waiting for GC2010
11-18 12:01 PM
is it? I am not aware of this.Anyways thankyou fide_champ.
girlfriend LEGO Black Ops | OWNT
pappu
05-25 08:35 AM
We have temporarily suspended donor forum at this time as we do not have the man-hours and bandwidth to validate each donor to be added to the donor forum. At this time we are focusing on Advocacy events in DC and all of our energy is being utilized to reach out to lawmakers. All important updates are being posted on the public forums.
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mwin
08-30 10:00 AM
Your wife will have to wait till your PD becomes current. Then only she is eligible to apply for green card.
Hi,
I applied I-485,EAD,Advance Parole on July 20,2007 but i have not yet received any receipt number as of now.
During that time I could not able to apply for my wife. She will be coming to USA on H4 visa in the mid of October.
what are the possibilities to include her in my greencard process?
Please educate me on this situation to take care of my wife's greencard process with my GC process and also please share your experiances if some one has similar kind of situation.
My Case Details
Labour Filed (Perm)--------------------------> Jan-2006
Labour Approved -----------------------------> April-2006
I-140 Filed -----------------------------------> Aug-2006
I-140 Approved --------------------------------> November 2006
I-485 applied only for myself --------------> July 20,2007
First entry into USA------------------------>January 2000
H1 valid till ------------------------------>January 2010(with 3 years extension from 2007 to 2010)
Thanks
-Kishore
Hi,
I applied I-485,EAD,Advance Parole on July 20,2007 but i have not yet received any receipt number as of now.
During that time I could not able to apply for my wife. She will be coming to USA on H4 visa in the mid of October.
what are the possibilities to include her in my greencard process?
Please educate me on this situation to take care of my wife's greencard process with my GC process and also please share your experiances if some one has similar kind of situation.
My Case Details
Labour Filed (Perm)--------------------------> Jan-2006
Labour Approved -----------------------------> April-2006
I-140 Filed -----------------------------------> Aug-2006
I-140 Approved --------------------------------> November 2006
I-485 applied only for myself --------------> July 20,2007
First entry into USA------------------------>January 2000
H1 valid till ------------------------------>January 2010(with 3 years extension from 2007 to 2010)
Thanks
-Kishore
eb3_nepa
06-14 02:22 PM
Hi Guys
I have a few questions about what happens AFTER the I-485 is successfully filed?
How long before you get the notice to appear for finger printing?
How much time between getting the notice for Finger printing and the actual appointment?
When does the EAD come through and is there a way to expedite the EAD process?
When does the process go to the "name check" black hole and you informed about it?
Any other info by the experienced gurus will be appreciated
I have a few questions about what happens AFTER the I-485 is successfully filed?
How long before you get the notice to appear for finger printing?
How much time between getting the notice for Finger printing and the actual appointment?
When does the EAD come through and is there a way to expedite the EAD process?
When does the process go to the "name check" black hole and you informed about it?
Any other info by the experienced gurus will be appreciated
ragool25
08-16 03:27 PM
Hi,
I am OPT Student ( STEM Extension), I got a full time job in May & joined the company, Before joining the company knows that i am OPT Student.
After a week, I came to know that company was not e-verified company, still working with them on OPT...& asked them to apply for H1.
My company dont want to everify at this point, since they will make many new hire & dont want to add additional steps in hiring.
We filed H1 start as Oct 1, 2010, though i joined in May , also i did not inform my school my new Job.
They applied for H1 through premium processing & Got an RFE. I asked the attorney what is about RFE, she told its about
'' they are requesting verification that you really are an employee of my company and how my company h has control over my work. The deadline for the information to be sent back is September 22, 2010.
Can anyone advise me, how i can prove myself in this case.....
what are chances !
Please post your valuable thoughts & exp.
thanks.
I am OPT Student ( STEM Extension), I got a full time job in May & joined the company, Before joining the company knows that i am OPT Student.
After a week, I came to know that company was not e-verified company, still working with them on OPT...& asked them to apply for H1.
My company dont want to everify at this point, since they will make many new hire & dont want to add additional steps in hiring.
We filed H1 start as Oct 1, 2010, though i joined in May , also i did not inform my school my new Job.
They applied for H1 through premium processing & Got an RFE. I asked the attorney what is about RFE, she told its about
'' they are requesting verification that you really are an employee of my company and how my company h has control over my work. The deadline for the information to be sent back is September 22, 2010.
Can anyone advise me, how i can prove myself in this case.....
what are chances !
Please post your valuable thoughts & exp.
thanks.
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