gc2009gc
10-30 03:05 PM
I have future GC filed from Company X, the priority date is February 2006.
I am currently working for Company Y on H1B. This H1B will expire in April 2009. Company Y is also ready to file my GC and I would like to work with Company Y till by future GC is approved, my question is
If I have already filed for 485, EAD and AP through Company X, scenario will it be advisable to file another labour and I-140 through Company Y now?
What could be the implications?
I am currently working for Company Y on H1B. This H1B will expire in April 2009. Company Y is also ready to file my GC and I would like to work with Company Y till by future GC is approved, my question is
If I have already filed for 485, EAD and AP through Company X, scenario will it be advisable to file another labour and I-140 through Company Y now?
What could be the implications?
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martinvisalaw
06-25 02:12 PM
1. My view on pre-adjudication is that they processing is done on the application and is put in an approvable status. once the PD is current and the immigrant visa number is available, then such an application can be approved. but it has to be noted that these applications can be reviewed again before approving and can be denied at that time.
2. when an AOS application is being adjudicated, if the underlying terms of the 485 application are not satisfied, then it can be denied. it does not matter if the PD is current. the 485 is based on the 140, which in turn is based on a bonafide job. using ac21, you can change employers, but i still feel that you need to be employed in a similar position and not looking for a similar position.
any thoughts anyone?
I agree. The argument that the AOS applicant doesn't need to have a job now is very aggressive and should only be used if absolutely necessary. If there is any chance of finding a new job soon, the first step would be to ask for more time to respond to the RFE.
2. when an AOS application is being adjudicated, if the underlying terms of the 485 application are not satisfied, then it can be denied. it does not matter if the PD is current. the 485 is based on the 140, which in turn is based on a bonafide job. using ac21, you can change employers, but i still feel that you need to be employed in a similar position and not looking for a similar position.
any thoughts anyone?
I agree. The argument that the AOS applicant doesn't need to have a job now is very aggressive and should only be used if absolutely necessary. If there is any chance of finding a new job soon, the first step would be to ask for more time to respond to the RFE.
sravani
05-15 01:05 PM
Here's a rather strange and may be uncommon situation for someone I know who needs suggestions from gurus here...such huge PD movements do result in strange situations such as these :)
EB3 India Labor + I-140 certified with PD Feb 2003
EB2-140 pending at NSC hoping to port the EB3 PD date
So both cases are now current, which leads to a couple of options for AOS:
1. File based on approved EB3 (and risk a potential retrogression in future)
2. File based on pending EB2 140 before it is approved (and risk potential RFE, etc. and who knows if it would be too late to revert to the EB3)
The other option is to upgrade the EB2 140 to PP, but could you please list the relative merits of the above two options?
My case is also similar and I decided to go with EB2
My EB3 PD is Nov 2002. I got promotion this year and same company applied for my EB2 labor via Perm and got approved with in couple of months.
My attorney already filed my 485 application concurrently while applying for EB2 I-140 PD (PP) last month. I got an RFE(edu: 3 year Engineering degree). My EB2 I-140 is approved yesterday after receiving the RFE response. It's better to utilize the EB2 category if you can, in case if they decide to retrogress again, it's likely that you will get the GC soon with EB2 PD than EB3 PD.
EB3 India Labor + I-140 certified with PD Feb 2003
EB2-140 pending at NSC hoping to port the EB3 PD date
So both cases are now current, which leads to a couple of options for AOS:
1. File based on approved EB3 (and risk a potential retrogression in future)
2. File based on pending EB2 140 before it is approved (and risk potential RFE, etc. and who knows if it would be too late to revert to the EB3)
The other option is to upgrade the EB2 140 to PP, but could you please list the relative merits of the above two options?
My case is also similar and I decided to go with EB2
My EB3 PD is Nov 2002. I got promotion this year and same company applied for my EB2 labor via Perm and got approved with in couple of months.
My attorney already filed my 485 application concurrently while applying for EB2 I-140 PD (PP) last month. I got an RFE(edu: 3 year Engineering degree). My EB2 I-140 is approved yesterday after receiving the RFE response. It's better to utilize the EB2 category if you can, in case if they decide to retrogress again, it's likely that you will get the GC soon with EB2 PD than EB3 PD.
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mihird
02-24 02:19 PM
Visa stamping is not necessary to remain in the US so wondering why a CPA would consider this a necessary work expense.
My CPA had itemized my wife's travel expenses for H1-B stamping on the 2006 return. Here's the logic for justifying the travel to get the visa stamped.
The H4->H1-B change of status is truly a change of intent, and traveling back to your home country and re-entering with a proper visa within a reasonable time after the change of status is what most immigration attorneys will advise.
GC expenses, however should not be claimed. H1-B is needed for the job, GC is not...
There are instances of people have trouble re-entering if they had not got their H1-B visa stamped in a timely manner after the change of status...
My CPA had itemized my wife's travel expenses for H1-B stamping on the 2006 return. Here's the logic for justifying the travel to get the visa stamped.
The H4->H1-B change of status is truly a change of intent, and traveling back to your home country and re-entering with a proper visa within a reasonable time after the change of status is what most immigration attorneys will advise.
GC expenses, however should not be claimed. H1-B is needed for the job, GC is not...
There are instances of people have trouble re-entering if they had not got their H1-B visa stamped in a timely manner after the change of status...
more...
ilikekilo
04-19 06:11 PM
When you go for a loan against the credit card balance, there are two types.
1> 0% to 1.99% short term loan with 3% transfer fee.
2> 4.99% to 5.99% LIFE time loan with 3% transfer fee.
The key thing for both the loan is...
1> Never EVER use the credit card that you used to get the loan UNTIL you repay the loan completely..
2> When you go for the loan, ensure the balance on your card is zero. If you have a balance, ask them to pay off the balance from the loan amount and send the reminder.
3> Always pay on time at least the minimum balance. Never miss a payment. Ensure this credit card doesn't have universal default clause, meaning, if you are late on any other credit card then you are considered as late on this card.
If all the above three points are acceptable, I suggest CC loans. Otherwise, look for other options.
GCisaDawg
Right, also I believe #3 you mentioned is taken care of by the new law done b y Bama...I dont think so creditors can do that anymore..
1> 0% to 1.99% short term loan with 3% transfer fee.
2> 4.99% to 5.99% LIFE time loan with 3% transfer fee.
The key thing for both the loan is...
1> Never EVER use the credit card that you used to get the loan UNTIL you repay the loan completely..
2> When you go for the loan, ensure the balance on your card is zero. If you have a balance, ask them to pay off the balance from the loan amount and send the reminder.
3> Always pay on time at least the minimum balance. Never miss a payment. Ensure this credit card doesn't have universal default clause, meaning, if you are late on any other credit card then you are considered as late on this card.
If all the above three points are acceptable, I suggest CC loans. Otherwise, look for other options.
GCisaDawg
Right, also I believe #3 you mentioned is taken care of by the new law done b y Bama...I dont think so creditors can do that anymore..
md2003
08-15 09:40 AM
I am from India having masters in engineering and i have 9 years IT experience. Ofcourse my Lawyer filed in EB3 (in 2003) thinking that PD will be current in future. Now i140 cleared in EB3 . What next? Since i am in consulting company i don't have any problem sticking to company. Only problem is maintaining status. As long as i am in job no problem. Who knows market will be like this. I am just re thinking to go for EB2 filing. But not sure how many were able to clear Eb2 in PERM.How much salary required ? (My company located in Detroit).
more...
dealsnet
06-14 03:53 PM
Living in outside India, we need to learn much caution.
This is a true incident happened in NY.
A boy from south India came to NY by family immigration sponsored by his uncle. He came after his 10th grade exam. Living in uncle's house. After few days in US, he played ball with some kids in the street. Ball strayed into somebody's garden. He went to pick the ball, and then he thought about taking permission from the house owner. He didn't ring the bell, just went inside the house, where he find a girl sitting in a sofa. She is a teenager alone in her home at that time. As soon as she saw this dark colored boy, she screamed and ran outside the house. He saw she is screaming, he also ran outside. All these sound make the neighbors attention and some one call 911 and police arrested this boy for attempted rape. He served 6 months in prison. Rape charge is rejected with a plea bargain for trespassing, all because he is minor 15 years old.
So need to change the behavior with socializing in this country.
Well just to get away a bit from the complications of immigration!
Either the victim (who lost jwelery) has some animosity to you/family/your sister or your sister by her actions has given him/her reason to suspect her for the lost jwelery. Maybe your sister might have been a frequent visitor to that house? Or the jwelery was lost immediately after your sisters visit? First identify what prompted this accusation and then tackle it. Ofcourse consult a good attorney.
Even if the person acuses your sister, she is inocent until proven guilty and unless there is sufficient evidence there is no way your sister will be convicted by any judge/jury.
Lesson to learn; Don't get tooooooooo close to anybody. Helping is good but even with your relatives you have keep a certain distance and respect their privacy and territory. Indians tend to overlook this and often asume that they can enter into other people's lives, think for them and act for them. Its ok in India but once you are here things change quite a bit.......:o:o
This is a true incident happened in NY.
A boy from south India came to NY by family immigration sponsored by his uncle. He came after his 10th grade exam. Living in uncle's house. After few days in US, he played ball with some kids in the street. Ball strayed into somebody's garden. He went to pick the ball, and then he thought about taking permission from the house owner. He didn't ring the bell, just went inside the house, where he find a girl sitting in a sofa. She is a teenager alone in her home at that time. As soon as she saw this dark colored boy, she screamed and ran outside the house. He saw she is screaming, he also ran outside. All these sound make the neighbors attention and some one call 911 and police arrested this boy for attempted rape. He served 6 months in prison. Rape charge is rejected with a plea bargain for trespassing, all because he is minor 15 years old.
So need to change the behavior with socializing in this country.
Well just to get away a bit from the complications of immigration!
Either the victim (who lost jwelery) has some animosity to you/family/your sister or your sister by her actions has given him/her reason to suspect her for the lost jwelery. Maybe your sister might have been a frequent visitor to that house? Or the jwelery was lost immediately after your sisters visit? First identify what prompted this accusation and then tackle it. Ofcourse consult a good attorney.
Even if the person acuses your sister, she is inocent until proven guilty and unless there is sufficient evidence there is no way your sister will be convicted by any judge/jury.
Lesson to learn; Don't get tooooooooo close to anybody. Helping is good but even with your relatives you have keep a certain distance and respect their privacy and territory. Indians tend to overlook this and often asume that they can enter into other people's lives, think for them and act for them. Its ok in India but once you are here things change quite a bit.......:o:o
2010 Funny Kitten Playing with
nsveta
04-23 03:39 PM
I am glad, member's comments helped you. All said and done. What is the right thing to do now? Expose "this company" as you call them..
Why don't you post the name of company as you already posted the state and city they operate from, and name of the person with whom you have been going back and forth as you said in your post? That will help everybody including the authorities to take them to task if they are doing anything illegal..
gapala, I agree with you. However, please let me talk to my friend and I will probably PM you about the details. I do not believe its a good idea to post out here. Sorry.
Why don't you post the name of company as you already posted the state and city they operate from, and name of the person with whom you have been going back and forth as you said in your post? That will help everybody including the authorities to take them to task if they are doing anything illegal..
gapala, I agree with you. However, please let me talk to my friend and I will probably PM you about the details. I do not believe its a good idea to post out here. Sorry.
more...
sweet_jungle
02-01 11:12 PM
Sorry, if this is already discussed mutiple times. I was not able to find any Info.
My Wife needs to travel to India urgently. She is currently on F1 Visa and has EAD and Advance Parole.
While Coming back is it required to use AP or can she come back on F1. Please help me with some info or pointers to exisitng threads discussing this are greatly appreciated
Thanks,
-Sree
She HAS to use AP. There is no choice of entering on F1. If she enters using F1 visa, it means she has abandoned her I-485. It will create problems later during I-485 adjudication.
Once she enters on AP, she loses F1 status immediately. Then, she should inform her school. School will terminate her F1 status in the SEVIS database.
She can continue studying showing I-485 receipt. EAD card will be her evidence of status.
Once in I-485 AOS status, she will be eligible for resident tuition fees and will no longer have to pay non-resident tuition fees.
My Wife needs to travel to India urgently. She is currently on F1 Visa and has EAD and Advance Parole.
While Coming back is it required to use AP or can she come back on F1. Please help me with some info or pointers to exisitng threads discussing this are greatly appreciated
Thanks,
-Sree
She HAS to use AP. There is no choice of entering on F1. If she enters using F1 visa, it means she has abandoned her I-485. It will create problems later during I-485 adjudication.
Once she enters on AP, she loses F1 status immediately. Then, she should inform her school. School will terminate her F1 status in the SEVIS database.
She can continue studying showing I-485 receipt. EAD card will be her evidence of status.
Once in I-485 AOS status, she will be eligible for resident tuition fees and will no longer have to pay non-resident tuition fees.
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Pankaj
08-18 04:59 PM
If your wife's I-94, which she have received at the time of entering to USA on dependent visa was valid till the date of the starting new the job, she should be fine even if she has not started working on H1 after approval. She has maintained the H4 status during that period as per I-94.
My wife here on H4 and she go H1 but she started job after a while as employer delayed. But her status was valid. Even she told the same to the US counselor New Delhi and she got h1 stamping done. Gap of H1 approval effective date and employment was about 2 months.
If you would ask this question to any attorney, you may get same reply. But asking to attorney is advisable.
My wife here on H4 and she go H1 but she started job after a while as employer delayed. But her status was valid. Even she told the same to the US counselor New Delhi and she got h1 stamping done. Gap of H1 approval effective date and employment was about 2 months.
If you would ask this question to any attorney, you may get same reply. But asking to attorney is advisable.
more...
yanj
12-15 10:13 AM
1 genius said "kaplan doesnt issue I-20's anymore."
so Does anybody know anywhere else can issue I-20 ?
2 Good question : Are you sure than ,while the H1B is being processed ,you can live here legally?
looking for answer ,too. Thanks a lot !
so Does anybody know anywhere else can issue I-20 ?
2 Good question : Are you sure than ,while the H1B is being processed ,you can live here legally?
looking for answer ,too. Thanks a lot !
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moonrah
06-13 06:03 PM
does it mean, it was not discussed at all and it is going to be discussed next week?
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GotGC??
02-20 04:48 PM
This is useful, but I doubt its accuracy because some of the cases I know - including mine - are missing !!
Here is the link to database:
http://www.flcdatacenter.com/CasePerm.aspx
Here is the link to database:
http://www.flcdatacenter.com/CasePerm.aspx
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jeny
08-06 08:39 AM
Yes Jayant it is Consular Process. Today i send a mail to them, hope they will replay.
Thanks
I just recived mail from embassy saying that there is no visa avilable for my case. When avilable they will call me for the interview again. Thank you ALL
Thanks
I just recived mail from embassy saying that there is no visa avilable for my case. When avilable they will call me for the interview again. Thank you ALL
more...
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DallasBlue
07-13 09:50 PM
Special thanks and hats off to all who are participating in the rally !!
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gcwait2007
12-25 05:55 PM
Your PD does not have to be current (it changes from month to month), if it was current at some time in the past, that will be enough.
Fight for your rights!
Hello lazycis,
I have a quick question. Many of our PD were current in July 2007. If our names are stuck in FBI name check for 2 yrs, can we file for WoM? Please advise. Many of us are under the impression that the our PD dates have to be current at the time of WoM and our namecheck should be stuck at FBI atleast for 1 year during which the PD date is current. In other words, the PD date should be current over a period of 12 months at the time of filing WoM.
Q 2. Is there any limit countrywise, for issuing GC?
Thanks in advance.
Fight for your rights!
Hello lazycis,
I have a quick question. Many of our PD were current in July 2007. If our names are stuck in FBI name check for 2 yrs, can we file for WoM? Please advise. Many of us are under the impression that the our PD dates have to be current at the time of WoM and our namecheck should be stuck at FBI atleast for 1 year during which the PD date is current. In other words, the PD date should be current over a period of 12 months at the time of filing WoM.
Q 2. Is there any limit countrywise, for issuing GC?
Thanks in advance.
more...
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desidas
01-22 12:30 AM
Looks like Immigration Officers at Port of Entry are asking the AP entry individuals if they are still working from the GC sponsoring company.
I am planning to travel on AP and is not working anymore for the GC sponsoring company.
1. What would be the reaction of the Immigration Officer if he finds out that I am NOT working from the sponsoring company?
2. What documents should I carry to ensure the I will be allowed to re-enter to US on AP with my current non-GC sponsoring company offer letter, pay-stubs etc?
PLease advise
I am planning to travel on AP and is not working anymore for the GC sponsoring company.
1. What would be the reaction of the Immigration Officer if he finds out that I am NOT working from the sponsoring company?
2. What documents should I carry to ensure the I will be allowed to re-enter to US on AP with my current non-GC sponsoring company offer letter, pay-stubs etc?
PLease advise
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Lasantha
04-15 09:00 PM
Congratulations !!! I am very happy for you!
Hi folks,
Just got back from UK on Friday after a month of family time, medicals and our embassy interview! Wanted to let you all know that we were approved and happily back in the US!!
Congrats on the latest admin wins and movements in campaigns/projects. I wanted to say a huge thank you but not farewell to the many kind folks who kept my spirits high in the short time I have been with IV:
abhijitp, needhelp, digital2k, paskal, gsc999, waiting4gc, pappu, chanduv23, santb1975, nolaindian32, walking dude, ja1hind, logiclife and many more. All of you rock and America is very lucky to have such genuine and brilliant people like you. I wish you the very best for your own journey.
I will be around for sure, just have to concentrate on securing some work and life for a bit, finally!
my best :)
Hi folks,
Just got back from UK on Friday after a month of family time, medicals and our embassy interview! Wanted to let you all know that we were approved and happily back in the US!!
Congrats on the latest admin wins and movements in campaigns/projects. I wanted to say a huge thank you but not farewell to the many kind folks who kept my spirits high in the short time I have been with IV:
abhijitp, needhelp, digital2k, paskal, gsc999, waiting4gc, pappu, chanduv23, santb1975, nolaindian32, walking dude, ja1hind, logiclife and many more. All of you rock and America is very lucky to have such genuine and brilliant people like you. I wish you the very best for your own journey.
I will be around for sure, just have to concentrate on securing some work and life for a bit, finally!
my best :)
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waitingnwaiting
01-26 11:14 AM
Proud.
Andhra bags 7 of top 10 IIT ranks - The Times of India (http://timesofindia.indiatimes.com/india/Andhra-bags-7-of-top-10-IIT-ranks/articleshow/5978951.cms)
HYDERABAD: Andhra Pradesh hit a jackpot with its students bagging seven of the top 10 ranks in IIT-Joint Entrance Examination (JEE), the results of which were declared on Wednesday. In fact, the state claimed the coveted top two ranks of IIT-JEE, with A Jitendar Reddy from Warangal emerging as the national topper followed by Uday K Shah from Hyderabad.
Others from the state who bagged top ranks include Madhu Kiran (fourth), K Satwik (sixth), Janardhan Reddy (seventh) Sabarish Nikhil (eighth) and Neeraj Gopal (ninth). An estimated 30% of the 50,000 students who wrote the examination from the state cleared the test this year, with over 500 of them making it to the top 2,000 in the open category. A total of 65,000 students had written the examination from the southern region.
Andhra students also scored well in the reserved category with OBC students from the state bagging seven out of the top 15 ranks in this section. Among reserved categories including SC, ST, OBC and physically handicapped (PH) the state secured over 50 ranks in the top 200 slab.
Officials from IIT-Madras, who were in charge of the results, said Andhra students already account for 21% of the total student strength in IITs. "One should not be surprised by the performance of these students as they have traditionally done well. This year, the percentage of students from the state in the IITs might be higher than 25%," said T S Natarajan, director, IIT-JEE.
While IIT-Madras, which conducted the examination, was criticized for the errors in mathematics and physics question papers, IIT experts said such errors could have actually worked in favour of the students from Andhra as not many would have been able to crack some of ambiguous questions. "Most front-rankers from the state cracked these ambiguous questions, which might have given them an edge over others," said K V Raghunath, vice-chairman, Narayana Group of Colleges whose students bagged five of the top seven ranks. Some other experts noted that a tough maths paper helped garner top ranks as students from the state have traditionally done well in the subject.
Andhra bags 7 of top 10 IIT ranks - The Times of India (http://timesofindia.indiatimes.com/india/Andhra-bags-7-of-top-10-IIT-ranks/articleshow/5978951.cms)
HYDERABAD: Andhra Pradesh hit a jackpot with its students bagging seven of the top 10 ranks in IIT-Joint Entrance Examination (JEE), the results of which were declared on Wednesday. In fact, the state claimed the coveted top two ranks of IIT-JEE, with A Jitendar Reddy from Warangal emerging as the national topper followed by Uday K Shah from Hyderabad.
Others from the state who bagged top ranks include Madhu Kiran (fourth), K Satwik (sixth), Janardhan Reddy (seventh) Sabarish Nikhil (eighth) and Neeraj Gopal (ninth). An estimated 30% of the 50,000 students who wrote the examination from the state cleared the test this year, with over 500 of them making it to the top 2,000 in the open category. A total of 65,000 students had written the examination from the southern region.
Andhra students also scored well in the reserved category with OBC students from the state bagging seven out of the top 15 ranks in this section. Among reserved categories including SC, ST, OBC and physically handicapped (PH) the state secured over 50 ranks in the top 200 slab.
Officials from IIT-Madras, who were in charge of the results, said Andhra students already account for 21% of the total student strength in IITs. "One should not be surprised by the performance of these students as they have traditionally done well. This year, the percentage of students from the state in the IITs might be higher than 25%," said T S Natarajan, director, IIT-JEE.
While IIT-Madras, which conducted the examination, was criticized for the errors in mathematics and physics question papers, IIT experts said such errors could have actually worked in favour of the students from Andhra as not many would have been able to crack some of ambiguous questions. "Most front-rankers from the state cracked these ambiguous questions, which might have given them an edge over others," said K V Raghunath, vice-chairman, Narayana Group of Colleges whose students bagged five of the top seven ranks. Some other experts noted that a tough maths paper helped garner top ranks as students from the state have traditionally done well in the subject.
fromnaija
11-09 01:54 PM
Done!
I would have love to see a section to show that we are law-abiding and the contribution of our family to our community and the economy. For instance my son has graduated college and now working, paying taxes and contributing to the US economy. And I am sure that most of you here who have college age kids are sending them to colleges and sometimes even paying out-of-state tuition to boot.
I would have love to see a section to show that we are law-abiding and the contribution of our family to our community and the economy. For instance my son has graduated college and now working, paying taxes and contributing to the US economy. And I am sure that most of you here who have college age kids are sending them to colleges and sometimes even paying out-of-state tuition to boot.
plreddy
08-20 12:51 PM
My 485 was approved on 8/11/2008 , where as wife's case is still pending.
PLREDDY
PLREDDY
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