sixburgh
06-28 04:51 PM
Let me rephrase. You can have both but you can only enter in as one status. Whatever you enter in as, that will be your status. If you have not entered in as AP, You can enter the US on H-1b without impacting your AOS.
Status of EAD/AP vs. H/L (http://www..com/greencard/adjustmentofstatus/eadap-hl.html)
This is bad then for me.
Cos, If I enter on h1, then my wife will automatically become h4 status right?
She is also on EAD and working!
Status of EAD/AP vs. H/L (http://www..com/greencard/adjustmentofstatus/eadap-hl.html)
This is bad then for me.
Cos, If I enter on h1, then my wife will automatically become h4 status right?
She is also on EAD and working!
wallpaper amor i love you
amitpan007
06-09 12:26 PM
You got to ignore some of these statuses from certain IOs. I went for infopass end of may and I was told namecheck is pending. When i said it does not matter anymore since it has passed 180 days, he mentioned that its not official yet and gave me a document describing name check process which mentioned something about N-400 which i believe is for FB. Talked to IO over the phone a week later and I was told that its assigned to the officer and Visa Number also assigned. Got the Card Production Ordered email next day.
485Mbe4001
09-25 11:55 AM
good find. I added this link in the personal message section of my IM. within minutes 2 sent IMs indicating that they had no idea it was so complicated for legals. :)
2011 Amor I Love You - Marisa Mo
GCard_Dream
06-29 03:58 PM
It is a shady practice. The main reason an employer wouldn't give you a copy of a I-140 is that if you were to leave company A and company B sponsors you for GC, you can keep your old priority date. But that is only possible if you can furnish a copy of approved I-140 to INS. It is such a stupid practice on part of INS to request the petitioner to provide a copy of something (like I-140) that they themselves approved and should already have a record of. But I don't think anyone expects any better from INS anyway.
I agree that it is a employer driven petition but the employer purposely holds the information back so that they have more control over the employees decision making ( specially if the employee is thinking about leaving the company).
This is not a shady practice. The employer had petitioned for a labor certification earlier to sponsor GC for an employee who might have left the company. Now they filled the position with you, so its perfectly alright to use the same petition for you.
As far as the documents are concerned, they are employer centric and they have no reason to give them to you. You will have nothing to do with those even if you get them. If the only purpose you want to solve is to know whether or not your labor and I40 were infact approved as your employer says, you should request your employer to show you a copy.
The copies are wothless to you if you leave the company anyways, before you get an EAD.
Don't heed the advise of people who ask you to find a better employer. Such people are only trying to get their own GCs faster, since there will be one less person with an earlier priority date.
I agree that it is a employer driven petition but the employer purposely holds the information back so that they have more control over the employees decision making ( specially if the employee is thinking about leaving the company).
This is not a shady practice. The employer had petitioned for a labor certification earlier to sponsor GC for an employee who might have left the company. Now they filled the position with you, so its perfectly alright to use the same petition for you.
As far as the documents are concerned, they are employer centric and they have no reason to give them to you. You will have nothing to do with those even if you get them. If the only purpose you want to solve is to know whether or not your labor and I40 were infact approved as your employer says, you should request your employer to show you a copy.
The copies are wothless to you if you leave the company anyways, before you get an EAD.
Don't heed the advise of people who ask you to find a better employer. Such people are only trying to get their own GCs faster, since there will be one less person with an earlier priority date.
more...
sportsguy131
07-31 05:07 PM
Are you sure she is 2 months away in getting her visa number current? For example if her priority date is Jan 1st 1998 and they are currently processing Nov 1st 1997. It seems like you mother will be current in 2 months but it could take USCIS 2 years to move forward 2 months in processing. Processing dates don't move by calendar time.
Maybe I am misunderstanding your question. If so please ignore the above.
If she has been out of the country for any significant amount of time during the 6 years she can file an extension for that time. I would not recommend that she continue to work if the H1 has expired and I think you should consult an attorney to figure out her options.
Hey thx a lot guys for all your help....
To (M306M),
The priority date for Family Based First Preference is 15 Mar 2002, and my grandfather who is a citizen filed for my mom's Greencard in April 27 2002.
Hope this helps....
Maybe I am misunderstanding your question. If so please ignore the above.
If she has been out of the country for any significant amount of time during the 6 years she can file an extension for that time. I would not recommend that she continue to work if the H1 has expired and I think you should consult an attorney to figure out her options.
Hey thx a lot guys for all your help....
To (M306M),
The priority date for Family Based First Preference is 15 Mar 2002, and my grandfather who is a citizen filed for my mom's Greencard in April 27 2002.
Hope this helps....
jay1ram2
11-23 02:19 PM
Well Said.
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GCard_Dream
04-05 06:18 PM
I guess the only question that remains now is if I beat the clock and am able to file I-485 (assuming everything works out in EB2 case) before the current H1B expires, what would my status be until I receive my EAD. My understanding is that is takes few months for the EAD to be approved but the H1 has long expired. Are you in status or out of status then?
2010 I wanna love you ~ EunHae ♥
gcdreamer05
09-01 09:37 AM
hi sharadara,
Try to talk to someone in spain consultate or someone who knows spain visa rules.
For example a person on h4 visa in US cannot work, so it depends on what visa type you are going to be going for in Spain and does that visa type allow you to work.
If it allows you to work, then you can do telecommute and work and make money.
So the country of residence and your visa type dictates the same.
This forum has lot of folks who work in US/Canada, but not many from spain, i would try googling for some other forums or contact the spain consulate for help.
Thanks
Dreamer05
Try to talk to someone in spain consultate or someone who knows spain visa rules.
For example a person on h4 visa in US cannot work, so it depends on what visa type you are going to be going for in Spain and does that visa type allow you to work.
If it allows you to work, then you can do telecommute and work and make money.
So the country of residence and your visa type dictates the same.
This forum has lot of folks who work in US/Canada, but not many from spain, i would try googling for some other forums or contact the spain consulate for help.
Thanks
Dreamer05
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morchu
04-23 01:06 PM
I know it is a loss in priority date. But my point is: "does fighting with the lawyer, give him his time back?" In fact by that he is loosing his valuable time and energy further.
If there is "ANY" method to get his "LC" approved with the same priority date, I totally agree he should do that.
That is what I mean by "focus on your goal". If your goal is to fight with lawyer for a cause, just do it. You will at least feel happy that you did the right thing, whatever you felt right.
Also "you pay the lawyer to represent you and to do things for you". The "payment" is not for a 100% error-free service. It is always back on your shoulder to make sure the lawyer is doing the right thing. Many of you may not agree, but that is my view. It is just a service. Not an "error-free-guaranteed" service.
morchu, people like you who put their tail between their legs are the reason some are stuck in retrogression and exploited by our employers and have to face some unprofessional and bad lawyers.
yes you can file a complaint against the lawyer and his license will be revoked. See
http://immigrationvoice.org/wiki/index.php/HOW_TO_REPORT_A_BAD_IMMIGRATION_LAWYER
Just because your labor is cleared you have no feelings for the person on this thread who had to wait for 2 years. Can anyone give him back his lost time?
If there is "ANY" method to get his "LC" approved with the same priority date, I totally agree he should do that.
That is what I mean by "focus on your goal". If your goal is to fight with lawyer for a cause, just do it. You will at least feel happy that you did the right thing, whatever you felt right.
Also "you pay the lawyer to represent you and to do things for you". The "payment" is not for a 100% error-free service. It is always back on your shoulder to make sure the lawyer is doing the right thing. Many of you may not agree, but that is my view. It is just a service. Not an "error-free-guaranteed" service.
morchu, people like you who put their tail between their legs are the reason some are stuck in retrogression and exploited by our employers and have to face some unprofessional and bad lawyers.
yes you can file a complaint against the lawyer and his license will be revoked. See
http://immigrationvoice.org/wiki/index.php/HOW_TO_REPORT_A_BAD_IMMIGRATION_LAWYER
Just because your labor is cleared you have no feelings for the person on this thread who had to wait for 2 years. Can anyone give him back his lost time?
hair Anas mi amor I love you
pamposh
09-15 03:42 PM
Just doesnt make sense at all.
Even EB1 is way behind EB2.
Maybe they are being sadist and trying to divide n rule.
I don't think they are going to have any success in that. They have been building our stamina for this kind of stuff for a long time now.. and as sad as it gets but the fact is it just made me laugh so hard....coz this is just plain "impossible" and can not be true... they can't get this efficient, it is against their policy :eek:
Even EB1 is way behind EB2.
Maybe they are being sadist and trying to divide n rule.
I don't think they are going to have any success in that. They have been building our stamina for this kind of stuff for a long time now.. and as sad as it gets but the fact is it just made me laugh so hard....coz this is just plain "impossible" and can not be true... they can't get this efficient, it is against their policy :eek:
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GreenCardLegion
03-25 06:36 PM
My case details below:
EB3 INDIA
PD of Jul 2004.
I am still working for same GC sponsoring employer since last 5 years. I still perform the same job title/job duties as mentioned in labor.
My employer had mentioned a salary of 87,000$ in my labor.
My 485 was filed way back in Sep 2004.
My 140 was approved way back in Nov 2004.
I have had 2 FPs done and 1 RFE replied to about 2 years ago. RFE was for EVL & TB Skin test.
2004 W2 – shows 74,000$/yr (Less than the salary mentioned in approved labor which is 87,000$)
2005 W2 – shows 57,000$/yr
2006 W2 – shows 50,000$/yr
2007 W2 – shows 58,000$/yr
2008 W2 – shows 67,000$/yr
Never changed employers nor job titles.
My concerns and questions below:
Q1) Will my 485 approval be affected due to the W2’s as mentioned above showing less way less salary than mentioned in the labor. I still work for same employer with same job duties/title as mentioned in labor.
Q2) Am I safe because GC is intended for future job offer? If there is any issue with me getting less salary all these years than my labor petition then can my employer say the 87,000$/yr salary is after 485 approval? Will this suffice? Or am I in jeopardy here?
Q3) With my EB3-India Jul 2004 PD how much more long do you think I need to wait to see a 485 approval? My FBI name checks are cleared.
Q4) With June 2004 PD/EB3 India do you advise me at this stage after 5 years to switch to CP?
Q5) Would you advise me to start a brand new EB2 India labor and 140 considering my retrogressed eb3 India category and dates?
Q6) I have been on bench for about 3 times (periods of 2 to 3 months) in the last several years witout pay. But I have always had EAD but never used EAD as I had H1B from same GC sponsoring employer. But I always got paid every year more than the prevailing LCA wage for my geographical location? Will this affect my GC?
Thanks.
EB3 INDIA
PD of Jul 2004.
I am still working for same GC sponsoring employer since last 5 years. I still perform the same job title/job duties as mentioned in labor.
My employer had mentioned a salary of 87,000$ in my labor.
My 485 was filed way back in Sep 2004.
My 140 was approved way back in Nov 2004.
I have had 2 FPs done and 1 RFE replied to about 2 years ago. RFE was for EVL & TB Skin test.
2004 W2 – shows 74,000$/yr (Less than the salary mentioned in approved labor which is 87,000$)
2005 W2 – shows 57,000$/yr
2006 W2 – shows 50,000$/yr
2007 W2 – shows 58,000$/yr
2008 W2 – shows 67,000$/yr
Never changed employers nor job titles.
My concerns and questions below:
Q1) Will my 485 approval be affected due to the W2’s as mentioned above showing less way less salary than mentioned in the labor. I still work for same employer with same job duties/title as mentioned in labor.
Q2) Am I safe because GC is intended for future job offer? If there is any issue with me getting less salary all these years than my labor petition then can my employer say the 87,000$/yr salary is after 485 approval? Will this suffice? Or am I in jeopardy here?
Q3) With my EB3-India Jul 2004 PD how much more long do you think I need to wait to see a 485 approval? My FBI name checks are cleared.
Q4) With June 2004 PD/EB3 India do you advise me at this stage after 5 years to switch to CP?
Q5) Would you advise me to start a brand new EB2 India labor and 140 considering my retrogressed eb3 India category and dates?
Q6) I have been on bench for about 3 times (periods of 2 to 3 months) in the last several years witout pay. But I have always had EAD but never used EAD as I had H1B from same GC sponsoring employer. But I always got paid every year more than the prevailing LCA wage for my geographical location? Will this affect my GC?
Thanks.
hot Amor : I Love You;
deecha
06-17 01:20 PM
So if i created an app and sold it, wouldn't i be working for myself and deriving financial compensation?
He could have developed the app outside the united states. He could have written the app in his spare time (He is not being paid to do it, maybe just a hobby). When he sells the app., it is not a salary. It is more like a dividend or rent (An H1B/F1/etc. can legally own property and derive rent .. it is not employment income). Furthermore, he can set up a LLC or an INC and sell the app through that but he should not have worked for that company while developing that app.
Lots of ways to get around it. Most laws are subject to interpretation and they're not absolute. If laws were absolute, we'd all be in the grip of tyranny and be slaves. There are only a few natural laws that are absolute.
As one person said on one of the threads (I think EB2 vs EB3), there is a tendency for people to achieve something and then set the bar just below them to exclude other people from competing with them either through laws or deprivation of resources (History is replete with such examples .. look at the kind of laws and regulations people are trying to pass). We must guard against such behavior/attitude and allow everyone a fair chance to succeed in life.
He could have developed the app outside the united states. He could have written the app in his spare time (He is not being paid to do it, maybe just a hobby). When he sells the app., it is not a salary. It is more like a dividend or rent (An H1B/F1/etc. can legally own property and derive rent .. it is not employment income). Furthermore, he can set up a LLC or an INC and sell the app through that but he should not have worked for that company while developing that app.
Lots of ways to get around it. Most laws are subject to interpretation and they're not absolute. If laws were absolute, we'd all be in the grip of tyranny and be slaves. There are only a few natural laws that are absolute.
As one person said on one of the threads (I think EB2 vs EB3), there is a tendency for people to achieve something and then set the bar just below them to exclude other people from competing with them either through laws or deprivation of resources (History is replete with such examples .. look at the kind of laws and regulations people are trying to pass). We must guard against such behavior/attitude and allow everyone a fair chance to succeed in life.
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house you Mi Amor :) I love you
paskal
07-08 08:49 PM
Any Drive in Minneapolis???
could not find one.
btw are you signed up to the state chapter (MN) ?
could not find one.
btw are you signed up to the state chapter (MN) ?
tattoo X 2 AMOR! I LOVE YOU 2!
casinoroyale
01-24 04:36 PM
I don't think you need to withdraw your H1B visa application.
lostinGCland: My wife (on H4) is in the same boat as you. Do you have AP in hand yet, and did they return your passport to you? If yes on both, then my attorney recommended to send a letter to the consulate instructing them to withdraw your H1B stamping application, then with a copy of that letter in hand, along with the AP, reenter the US on AP. Good luck!
lostinGCland: My wife (on H4) is in the same boat as you. Do you have AP in hand yet, and did they return your passport to you? If yes on both, then my attorney recommended to send a letter to the consulate instructing them to withdraw your H1B stamping application, then with a copy of that letter in hand, along with the AP, reenter the US on AP. Good luck!
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pictures Amor I Love You
loudobbs
08-06 11:23 AM
My lawyer screwed up when he filed mu I140. He filed it under EB3 instead of EB2 even though the labor was approved under EB2. He filed a new EB2 I140 PP on MAy 23 and it is still pending.
:(
I have a EB2 - I140 (PERM) pending at Texas from 06/2006 and another EB3-I140 (RIR) pending from 06/2007. When my lawyer filed the EB2-I140, he filed it with a copy of labor from DOL (not original hard copy). He says he did not know it would cause such a delay. My EB3-I140 however was filed on labor approved from the Dallas BEC. It was filed with the original copy of labor. Are there any people like me, who have endured a long wait because they did not have the original labor ? Please post your experiences here .......
:(
I have a EB2 - I140 (PERM) pending at Texas from 06/2006 and another EB3-I140 (RIR) pending from 06/2007. When my lawyer filed the EB2-I140, he filed it with a copy of labor from DOL (not original hard copy). He says he did not know it would cause such a delay. My EB3-I140 however was filed on labor approved from the Dallas BEC. It was filed with the original copy of labor. Are there any people like me, who have endured a long wait because they did not have the original labor ? Please post your experiences here .......
dresses The love you give to me is
knowDOL
08-23 09:44 AM
I think you can port your PD, even if the employer revokes I-140 and uses the underlying labor to someone else. Even then you retain your PD. Just wanted to correct.
See this Q&A from Mathew Oh:
# Q8(07-30-06): I and my wife are Indins. I am a software engineer and my wife is a M.D. I started a EB-3 labor certification through an Indian IT consulting company in Texas on March 2, 2001. Both of us are in H-1B status. We filed concurrent I-140 petition and I-485 application. in April 2005. However, the employer was angry at me for my intent to work with another employer and withdrew my approved I-140 petition. Based on the withdrawal, the Texas Service Center revoked my I-140 and denied our pending I-485 applications. My MD wife started a EB-2 labor certification in September 2005 which was approved in November 2005. I am still within H-1B six year limit and my wife also maintains her own H-1B. EB-2 visa number has been retrogressed from October 2005 and from day after tomorrow, EB-2 number will be completely unavailable. We are so frustrated. We have two children born in the U.S. Her medical practice has been working well and she is really looking foward to her medical career in the U.S. I understand that the priority date is locked and backpacked by the alien beneficiary once I-140 petition is approved. I do not see why my wife can not use this priority date of March 2, 2001 and we file I-485 applications again. What do you think, sir?
A. It is true that a priority date is locked and backpacked by the alien beneficiary once I-140 petition is approved unless the approved I-140 petition is revoked for fraud, revoked by invalidation of the underlying labor certification application or revoked by the Department of State for failure to apply for the immigrant visa within one year from the notice of immigrant visa application by the agency. Otherwise, the alien carries the prioriy date for life in his backpack. Accordingly, the priority date is controlled by the employer until the I-140 petition is approved, but once the I-140 petition is approved, the employer loses control over the priority date and the alien keeps the priority date. Accordingly, if you start a PERM application now and quickly obtain a EB-3 I-140 petition based on the approved PERM, you may be able to file I-485 applications again soon as the USCIS is poised to launch the Premium Processing Services of EB-3 I-140 petitions next month. However, the priority date is not transferrable to your MD spouse and you cannot file I-485 application as a derivative beneficiary of your wife's EB-2 petition based on your priority date. The PERM labor certification nowadays takes a little bit longer, but it is do-able in a fairly limited period of time. Unfortunately, in your case, you cannot extend H-1B beyond six years as one-year increment extension is not available because your I-485 denial became "final." Once denial of labor certification or I-140 or I-485 becomes final, your cannot apply for the H-1B extension beyond six year limit in one-year increment. You cannot apply for H-1B extension in three-year increment because your I-140 petition has been revoked and there is no longer adjustment of status proceeding pending for you and your family. Besides, the Indian EB-3 visa number is availalbe and when you are not suffering from the visa retrogression, you cannot apply for the three-year increment H-1B petition using the AC-21 Act. It appears that your new employer should run fast to develop and file a PERM application. For your purpose, you do not have to be bothered by the issue of EB-2 or EB-3 as the visa number is available for your EB-3 India. Good luck.
The PD shows up on the approval notice of I140. I don't know if it shows up on the 485 as I haven't seen one and won't see one for years. But it makes sense to have the PD on the I140 as once the I140 is approved you can port that PD (if employer does not revoke it)
See this Q&A from Mathew Oh:
# Q8(07-30-06): I and my wife are Indins. I am a software engineer and my wife is a M.D. I started a EB-3 labor certification through an Indian IT consulting company in Texas on March 2, 2001. Both of us are in H-1B status. We filed concurrent I-140 petition and I-485 application. in April 2005. However, the employer was angry at me for my intent to work with another employer and withdrew my approved I-140 petition. Based on the withdrawal, the Texas Service Center revoked my I-140 and denied our pending I-485 applications. My MD wife started a EB-2 labor certification in September 2005 which was approved in November 2005. I am still within H-1B six year limit and my wife also maintains her own H-1B. EB-2 visa number has been retrogressed from October 2005 and from day after tomorrow, EB-2 number will be completely unavailable. We are so frustrated. We have two children born in the U.S. Her medical practice has been working well and she is really looking foward to her medical career in the U.S. I understand that the priority date is locked and backpacked by the alien beneficiary once I-140 petition is approved. I do not see why my wife can not use this priority date of March 2, 2001 and we file I-485 applications again. What do you think, sir?
A. It is true that a priority date is locked and backpacked by the alien beneficiary once I-140 petition is approved unless the approved I-140 petition is revoked for fraud, revoked by invalidation of the underlying labor certification application or revoked by the Department of State for failure to apply for the immigrant visa within one year from the notice of immigrant visa application by the agency. Otherwise, the alien carries the prioriy date for life in his backpack. Accordingly, the priority date is controlled by the employer until the I-140 petition is approved, but once the I-140 petition is approved, the employer loses control over the priority date and the alien keeps the priority date. Accordingly, if you start a PERM application now and quickly obtain a EB-3 I-140 petition based on the approved PERM, you may be able to file I-485 applications again soon as the USCIS is poised to launch the Premium Processing Services of EB-3 I-140 petitions next month. However, the priority date is not transferrable to your MD spouse and you cannot file I-485 application as a derivative beneficiary of your wife's EB-2 petition based on your priority date. The PERM labor certification nowadays takes a little bit longer, but it is do-able in a fairly limited period of time. Unfortunately, in your case, you cannot extend H-1B beyond six years as one-year increment extension is not available because your I-485 denial became "final." Once denial of labor certification or I-140 or I-485 becomes final, your cannot apply for the H-1B extension beyond six year limit in one-year increment. You cannot apply for H-1B extension in three-year increment because your I-140 petition has been revoked and there is no longer adjustment of status proceeding pending for you and your family. Besides, the Indian EB-3 visa number is availalbe and when you are not suffering from the visa retrogression, you cannot apply for the three-year increment H-1B petition using the AC-21 Act. It appears that your new employer should run fast to develop and file a PERM application. For your purpose, you do not have to be bothered by the issue of EB-2 or EB-3 as the visa number is available for your EB-3 India. Good luck.
The PD shows up on the approval notice of I140. I don't know if it shows up on the 485 as I haven't seen one and won't see one for years. But it makes sense to have the PD on the I140 as once the I140 is approved you can port that PD (if employer does not revoke it)
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makeup Search: Yellow
GC_newbee
11-06 10:07 PM
Any other ideas/suggestions friends?
girlfriend AMOR (I Love You- My Love)
patfanboston
03-04 11:19 AM
What the f*** is she trying to say????
hairstyles Amor I Love You
spicy_guy
09-15 01:27 PM
If you have not been happy with your employer, kick your employer's butt! :D
rghrdr777
10-25 09:19 AM
Just spoke with a TSC IO. She was a pretty nice lady and answered all my questions. Apparently, mine and my spouse's AP were approved on 10/17/2007. We still didn't receive the APs. The online status still shows pending. I believe my attorney may receive the AP docs.
I've asked her about my Name Check and Fingerprint. According to her my name check was initiated on 8/9/2007 and it is pending. My FBI fingerprint check came back on 9/10/2007.
TSC (Sent to NSC. Got transferred to TSC)
RD: 06/25/2007
ND: 08/01/2007
EAD Self Card Received: 08/23
EAD Spouse Card Received: 08/25
FP done for myself and Spouse: 09/06
Name check initiated on 08/09/2007 and is pending
AP: Waiting (according to TSC IO approved on 10/17/2007)
GC: Waiting
I've asked her about my Name Check and Fingerprint. According to her my name check was initiated on 8/9/2007 and it is pending. My FBI fingerprint check came back on 9/10/2007.
TSC (Sent to NSC. Got transferred to TSC)
RD: 06/25/2007
ND: 08/01/2007
EAD Self Card Received: 08/23
EAD Spouse Card Received: 08/25
FP done for myself and Spouse: 09/06
Name check initiated on 08/09/2007 and is pending
AP: Waiting (according to TSC IO approved on 10/17/2007)
GC: Waiting
indianabacklog
07-26 02:54 PM
This is not good news for us. The recaptured visas will go towards nurses and none from us wil benefit.We need to shout out loud.
We do benefit indirectly since they are no longer competing for the cherished 140,000 visa numbers that are allocated for employment based adjustment of status applicants.
We do benefit indirectly since they are no longer competing for the cherished 140,000 visa numbers that are allocated for employment based adjustment of status applicants.
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