myan88
03-29 10:29 PM
I need help on my 140 filings. My situation is:
02/2004, applied EB3 LC, pending until 02/2007
10/2005, applied PERM EB2, LC & 140 approved, but unable to file 485 due to retrogession
in 02/2007, my EB3 was certified. I asked attorney to file EB3 140 to capture this earlier PD to my EB2 case.
But the attorney hired by my company refused to file another EB3 140. His reason is: it may be questioned by USCIS to file a EB3 140 after EB2 140 is approved -- my job position is downgraded. And back and forth I will still use EB2 to apply 485, then it may bring the company to a potential fraud issue, blah, blah...
I know that the company is reluctant to let me get gc quickly, so the attorney found this excuse. I did not find strong proof to refute this excuse.
Is there any legal proof (like USCIS memo, AILA Liasion meeting minute, etc) to refute this excuse and convince the employer to go ahead to file 140 for me?
Thanks
02/2004, applied EB3 LC, pending until 02/2007
10/2005, applied PERM EB2, LC & 140 approved, but unable to file 485 due to retrogession
in 02/2007, my EB3 was certified. I asked attorney to file EB3 140 to capture this earlier PD to my EB2 case.
But the attorney hired by my company refused to file another EB3 140. His reason is: it may be questioned by USCIS to file a EB3 140 after EB2 140 is approved -- my job position is downgraded. And back and forth I will still use EB2 to apply 485, then it may bring the company to a potential fraud issue, blah, blah...
I know that the company is reluctant to let me get gc quickly, so the attorney found this excuse. I did not find strong proof to refute this excuse.
Is there any legal proof (like USCIS memo, AILA Liasion meeting minute, etc) to refute this excuse and convince the employer to go ahead to file 140 for me?
Thanks
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waitforgc1
05-07 04:42 PM
Yes i do have soft LUD on my 485 applications@TSC on 04/29/2009.
kbsyed61
04-07 05:35 PM
Sorry to hear about marital discord. Do talk to your attorney and see what steps needed to be taken further.
My advice, first concentrate on your family. Do try to resolve the issues with your wife. Do give preference to your daughter. Green Cards / Work permits can be obtained later also. Don't worry too much about the GC.
My advice, first concentrate on your family. Do try to resolve the issues with your wife. Do give preference to your daughter. Green Cards / Work permits can be obtained later also. Don't worry too much about the GC.
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nousername
02-27 07:14 PM
I don't think so.. Back in 2002 I was in similar situation (f1 to h1) and to best of my knowledge I was only able to get part of my federal taxes back.. In fact I remember paying some additional state taxes at the end of the year.
If I was on F1 full time for that accounting year then they would have given my taxes (not ssn or medicare) back but I switched to H1 and made more money, which pushed me into a different tax bracket.
Hi Guys,
I would like to know if we are eligible to claim our withheld medicare and soc.sec taxes for the year 2008. I was working initially while on F1visa and changed to H1B halfway through the year 2008.
Will appreciate if u could help.
Thank you in advance.
If I was on F1 full time for that accounting year then they would have given my taxes (not ssn or medicare) back but I switched to H1 and made more money, which pushed me into a different tax bracket.
Hi Guys,
I would like to know if we are eligible to claim our withheld medicare and soc.sec taxes for the year 2008. I was working initially while on F1visa and changed to H1B halfway through the year 2008.
Will appreciate if u could help.
Thank you in advance.
more...
langagadu
05-02 08:42 AM
If I were you, I would explore around the Legal Status from last entry.
ebizash may be right it won't apply if you enter on AP, still worth exploring that area.
Thanks for information. To answer I applied my H1b on June 1, 2002.
My school finished on June 11, 2002. I did apply H1 during school but stupid me did not apply OPT. Then I get approve H1b 7 months later, more like 7 months and 20 days almost 8 months then working. I am out of status more 6 months which very bad.
I called many lawyers, some do not want to help a few will write letter ( 1 letter 600.00)
some said I have good chance others said unknown.
I am still out of status even I applied H1b and waiting more 180 days? I think I am, need good reason to put on letter.
ebizash may be right it won't apply if you enter on AP, still worth exploring that area.
Thanks for information. To answer I applied my H1b on June 1, 2002.
My school finished on June 11, 2002. I did apply H1 during school but stupid me did not apply OPT. Then I get approve H1b 7 months later, more like 7 months and 20 days almost 8 months then working. I am out of status more 6 months which very bad.
I called many lawyers, some do not want to help a few will write letter ( 1 letter 600.00)
some said I have good chance others said unknown.
I am still out of status even I applied H1b and waiting more 180 days? I think I am, need good reason to put on letter.
chantu
02-19 07:19 PM
I think if you have H1b sponsor and lucky to get in H1b quota then I don�t see any problem. Your GC is for your future employer. Check with ur legal consultant.
Thanks vactorboy!
Thanks vactorboy!
more...
CaveMan232
10-25 04:48 PM
Dear Admin, sincerely appreciate your encouraging words. 10+ Yrs in the country and another 10 yrs to go before seeing the light appears to be highly depressing considering current economic uncertainities.
If it wasn't for the patch up by Immigration dept in 2007, this country would have seen Indians forced to head back home by the 10000's. And those that were fortunate enough to retain jobs or move on to new ones by porting AC-21 are forced to stay in the SAME role with no relief coming from the Govt for AC-21 which would then allow them to get promoted or recognized for their hardwork. Imagine the shock my boss had when I had to refuse promotion as that would jeopardize my GC(expected to be approved in the next 10 years)? And if that doesn't bother you enough, then once every 2 years(thankfully EAD is now valid for 2 yrs), you start fasting and praying that your EAD gets renewed without issues. You get the drift now, don't you?
And that is not to say I do not acknowledge the efforts your team has been putting in. I, along with the many 1000's, truly appreciate the selfless and noble efforts your team has been constantly putting in to bring about bigger changes. THANK YOU!!
If it wasn't for the patch up by Immigration dept in 2007, this country would have seen Indians forced to head back home by the 10000's. And those that were fortunate enough to retain jobs or move on to new ones by porting AC-21 are forced to stay in the SAME role with no relief coming from the Govt for AC-21 which would then allow them to get promoted or recognized for their hardwork. Imagine the shock my boss had when I had to refuse promotion as that would jeopardize my GC(expected to be approved in the next 10 years)? And if that doesn't bother you enough, then once every 2 years(thankfully EAD is now valid for 2 yrs), you start fasting and praying that your EAD gets renewed without issues. You get the drift now, don't you?
And that is not to say I do not acknowledge the efforts your team has been putting in. I, along with the many 1000's, truly appreciate the selfless and noble efforts your team has been constantly putting in to bring about bigger changes. THANK YOU!!
2010 nothing is impossible I
Britsabroad
December 2nd, 2008, 06:34 PM
Hey Ed - I chickened out on the Abes deal after reading the reviews - sounds like they make you work hard for your discount. If you went for it, let me know the outcome.
So what made you switch?
Well... A friend of mine has a photography business and uses Nikon kit. For a long time I have been impressed by her out of the camera images (color and skin tones), particularly flash shots. She was achieving good looking images with far less processing than me. Her nikon zooms were great wide open too - mine were just OK (on a 20d) I was hoping that Canon would take a hint, & come up with a feature set to compete with the d300. They didnt do it, so I jumped ship!
So what made you switch?
Well... A friend of mine has a photography business and uses Nikon kit. For a long time I have been impressed by her out of the camera images (color and skin tones), particularly flash shots. She was achieving good looking images with far less processing than me. Her nikon zooms were great wide open too - mine were just OK (on a 20d) I was hoping that Canon would take a hint, & come up with a feature set to compete with the d300. They didnt do it, so I jumped ship!
more...
Immi_Chant
07-28 05:01 PM
Thanks roseball and kriskris for your responses.
-Immi_Chant
-Immi_Chant
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lazycis
04-16 10:00 AM
When you are talking about H1 extension, you should keep in mind that there is an additional cost to get an actual visa (if you travel). Ask employer to extend H1, but be smart and apply for EAD. You never know what may happen. Employer or your job can vanish very quickly. You may not have time to wait for a new EAD. No need to jeopardize your GC by saving on EAD extension. As for AP, I do not really see a need for it if you have H1 (although you may experience difficulties with getting H1b stamp, so it may be wise to get AP just in case) or if you are not going to travel.
Gaps in EAD/AP is not a problem from GC perspective, but having a valid EAD all the time is very prudent.
Gaps in EAD/AP is not a problem from GC perspective, but having a valid EAD all the time is very prudent.
more...
sandy_anand
10-04 10:01 AM
Not sure if it has been posted before but I came across this on Ron Gotcher's site. Someone posted it from a Chinese EB3 website. Scroll to page 46 and you can see the waiting list details for EB3-India. Disclosure - I make no claims to its accuracy so don't flame me :-)
http://www.eb3chinese.org/resources/E3+Waiting+List.pdf
http://www.eb3chinese.org/resources/E3+Waiting+List.pdf
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solaris27
05-31 05:42 PM
how can any h1b visa holder own 33% in LLC .
I thought in LLC all members should be GC/Citizens only .
Please clearify .
I thought in LLC all members should be GC/Citizens only .
Please clearify .
more...
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coopheal
02-19 05:32 PM
Please one of you summarize handling of EAD/AP for multiple I-485s on wiki.
http://immigrationvoice.org/wiki/index.php/FREQUENTLY_ASKED_QUESTIONS/I485_FAQ#How_does_USCIS_handles_EAD.2FAP_for_Multi ple_I-485s
Thanks,
Coopheal
http://immigrationvoice.org/wiki/index.php/FREQUENTLY_ASKED_QUESTIONS/I485_FAQ#How_does_USCIS_handles_EAD.2FAP_for_Multi ple_I-485s
Thanks,
Coopheal
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singhsa3
07-25 03:55 PM
That exactly my point too. Any unique protest idea should be shared among us and saved for future use.
I agree that protest idea should not be misused. They have listened to us once now they will say "what else they want". Though there are more long terms issues but i guess protest ideas can be saved for later on or wait for the momentum to buildup itself.
I agree that protest idea should not be misused. They have listened to us once now they will say "what else they want". Though there are more long terms issues but i guess protest ideas can be saved for later on or wait for the momentum to buildup itself.
more...
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realizeit
10-19 04:33 PM
Are you sure about the leave? Are you sure if we can use the leave accrued? I was under the impression that you had to go off the payrol ? Please confirm.
Yes. You should not do any work, that's the key. You do not have to go off the payroll. After using all the accrued leave, you may have to go on "Leave without pay" or "short-work break".
Yes. You should not do any work, that's the key. You do not have to go off the payroll. After using all the accrued leave, you may have to go on "Leave without pay" or "short-work break".
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arihant
06-14 01:10 PM
Yes, you can keep EAD and H1 at same time..
As far as I know, you can keep H1 and EAD. However, you can only use one or the other for the same job with the same employer. In other words, if you use EAD (by submitting I-9 with the employer) then your H1 is automatically invalid. However, if you never file I-9 with the employer, you can keep EAD.
Some have also said that you can use your EAD for a second job (say part time consulting on the side), while still using your H1 for the original job. But I not sure about this part. So, please do not take my word on it without additional research.
As far as I know, you can keep H1 and EAD. However, you can only use one or the other for the same job with the same employer. In other words, if you use EAD (by submitting I-9 with the employer) then your H1 is automatically invalid. However, if you never file I-9 with the employer, you can keep EAD.
Some have also said that you can use your EAD for a second job (say part time consulting on the side), while still using your H1 for the original job. But I not sure about this part. So, please do not take my word on it without additional research.
more...
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ChainReaction
03-28 06:00 AM
This is a very good point ,if illegal under guest worker program can pursue a path to a citizenship after 6yrs provided that they can show they have paid taxes, learn English and pass background check...Why can't we ask the same for us, we have entered US legally without breaking any law, are paying taxes and are highly educated let aside learn English. And the senators have agreed about getting in line or behind the line (First in first out) approach for getting Citizenship, we are just asking for GC ;) ?
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sameer2730
01-25 06:45 PM
He is neither new nor inexperienced. He is one of the new gang which post pointless yet barely believable posts here. The purpose is to confuse, raise hopes and aggravate. Try to avoid responding to such posts. One good criteria is posts by people with just 2-5 posts and a few greens already.
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priderock
06-20 05:44 PM
its kinda interesting why there is no appointment available sooner. I am in florida and i heard frmo my attorney on Thursday.. and called 3 doctors Friday morning.. all three said come down right now. Finally went to one of them the same day in the afternoon.. he did some blood work.. gave me MMR and TD.. and did TB test. I want back today morning and got my all the reports.
As far as I know, we need to get only one blood work done.. doctor can test both HIV and Syph in the same one.
There are places (even though not remote) , you cant get appointments for weeks. There must be different reasons for that. I don't think any one answered the OP question:
What blood tests need to be done (apart from HIV and Siphyllis)?
As far as I know, we need to get only one blood work done.. doctor can test both HIV and Syph in the same one.
There are places (even though not remote) , you cant get appointments for weeks. There must be different reasons for that. I don't think any one answered the OP question:
What blood tests need to be done (apart from HIV and Siphyllis)?
gonecrazyonh4
07-20 02:49 PM
Thanks to all who responded.
kprgroup
11-25 11:28 AM
so r u on EAD or H1B? wondering if you were able to continue working on EAD.
its a gray area and even lawyers are not sure 100%.
Also,
1. How long does it take to find MTR?
2. What documents are needed?
3. Did you informed CIS about job change?
My 485 got denied Oct14th as my previous employer withdrawn approved 140. I changed employer after 1year of 485 pending. I (Lawyer) filed MTR on NOV 6th. Got mtr granted yesterday.PM me if you need more details
its a gray area and even lawyers are not sure 100%.
Also,
1. How long does it take to find MTR?
2. What documents are needed?
3. Did you informed CIS about job change?
My 485 got denied Oct14th as my previous employer withdrawn approved 140. I changed employer after 1year of 485 pending. I (Lawyer) filed MTR on NOV 6th. Got mtr granted yesterday.PM me if you need more details
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