permfiling
07-28 04:08 PM
I am in the same boat as you, PM ed you, please reply
Hi,
First some background.
EB2I PD is July 2006
I140 filed Sept. 2006 and approved Oct 2006 with Company A.
Left Company A and joined Company B in March 2007 (172 days after I140 approved).
Filed I485 in July 2007 (Medical RFE received and answered in 2009 - implies possible pre-adjudication??)
While with Company B started new EB2I process for a similar job profile (lawyer thinks it is close enough for portability) with PD Oct. 2008. I140 approved June 2009.
With current rapid movement in EB2 cut-off dates, if I become current in Sept 2010 what is best course of action to ensure I receive and keep the GC that is based on application sponsored by Company A?
1. If I get GC, just keep working for Company B (lawyer thinks this is just fine to do).
2. If I do get current in Sept 2010, try to capture PD of first application and use for application sponsored by Company B?
3. Get the GC and move back to company A?
4. Any other options??
Thanks for your time.
Hi,
First some background.
EB2I PD is July 2006
I140 filed Sept. 2006 and approved Oct 2006 with Company A.
Left Company A and joined Company B in March 2007 (172 days after I140 approved).
Filed I485 in July 2007 (Medical RFE received and answered in 2009 - implies possible pre-adjudication??)
While with Company B started new EB2I process for a similar job profile (lawyer thinks it is close enough for portability) with PD Oct. 2008. I140 approved June 2009.
With current rapid movement in EB2 cut-off dates, if I become current in Sept 2010 what is best course of action to ensure I receive and keep the GC that is based on application sponsored by Company A?
1. If I get GC, just keep working for Company B (lawyer thinks this is just fine to do).
2. If I do get current in Sept 2010, try to capture PD of first application and use for application sponsored by Company B?
3. Get the GC and move back to company A?
4. Any other options??
Thanks for your time.
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HarishM
09-21 04:36 PM
Thanks! guys.....All in the same boat then....Screwed.....
onemorecame
06-26 04:14 PM
Paying all money from my own pocket
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webslinger
08-26 11:32 AM
Hi Vikramy - Do you know of any particular reasons for these transfer denials? Also what could have been the reason in your case? Please explain if you have examples for the company starting with cognXXXXX, I just put my transfer papers in to join them.... :confused:
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prem_goel
06-12 05:00 PM
i got an rfe too. I think its sent to both the attorney and the applicant. They said they mailed the RFE yesterday, so hopefully by early next week I should have it. I am guessing its employment verification due to me filing change-of-address. i know for sure that my ex-employer did not revoke 140.
Wendyzhu77
09-29 07:17 PM
I don't think you need to worry about the number on w2. Wages on W2 do NOT necessarily represent your actual wage. Lots of pre-tax deductions can be deducted from the W2 number, which means your W2 wage can be significantly much less than your actual wage. Your pay-stub will be a better evidence for your wage.
Hi Everyone
I got an RFE for my I140 filed in September 2006. They asked me to show my W2 for 2006 and also show that the employer had the ability to pay the offered wage in case my W2 is less than the offered wage.
My W2 has 8k less than the offered wage. My company has not yet filed 2006 Taxes. Can you tell me whats the best thing to do? My employer has good revenue, but I guess he has been showing a net loss every year.
Please help me out. Tell me if any of you have gone through similar issues.
Thanks!
Hi Everyone
I got an RFE for my I140 filed in September 2006. They asked me to show my W2 for 2006 and also show that the employer had the ability to pay the offered wage in case my W2 is less than the offered wage.
My W2 has 8k less than the offered wage. My company has not yet filed 2006 Taxes. Can you tell me whats the best thing to do? My employer has good revenue, but I guess he has been showing a net loss every year.
Please help me out. Tell me if any of you have gone through similar issues.
Thanks!
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thesparky007
04-16 11:36 AM
here is a new one
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TomPlate
04-15 09:53 AM
You would have put some number. Please put 0 and it will be accepted.
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sbmallik
05-04 10:59 AM
Thanks, You are right I havent applied for my I485 yet. I am only concerened about when I return back to US, will there is any issues at POE due to my long absence on H1B?
Really appreciate all the answers!!
You can't maintain H-1B status while physically residing in India. But, you can still have your GC process running.
An absence won't be of any consequence as long as the visa is valid and you are employed by the same employer.
Really appreciate all the answers!!
You can't maintain H-1B status while physically residing in India. But, you can still have your GC process running.
An absence won't be of any consequence as long as the visa is valid and you are employed by the same employer.
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GCUser1
09-12 07:30 AM
Fill this form http://www.dol.gov/esa/forms/whd/WH-4.pdf and submit the form at local office ( http://www.dol.gov/esa/contacts/whd/america2.htm)
Good Luck !!!
Good Luck !!!
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mrane1
07-18 04:23 PM
Wow!! never heard of such a thing!!
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immique
03-30 12:27 AM
please update us on when you get your visa and please post your entire experience as it would help others. you should have applied for AP while you are in US. Now that you are outside and do not have AP, the only options I see are you just wait on the visa from US consulate in Canada or alternatively, you can request your passport back telling them that you would like to apply for visa in India as you cannot stay in Canada for an extended period of time.
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Berkeleybee
02-09 10:40 PM
Helpful_Leo,
Would you start a new thread to explain what text in the PACE Act makes you think that only future F-4s will benefit from this? Feel free to cut and paste from the bill.
I'm sure PACE will go through many revisions -- it would be helpful to know what the fine print/nitty gritty is.
It is my understanding that the intent of PACE is to provide this benefit to all US STEM Advanced degrees.
best,
Berkeleybee
Would you start a new thread to explain what text in the PACE Act makes you think that only future F-4s will benefit from this? Feel free to cut and paste from the bill.
I'm sure PACE will go through many revisions -- it would be helpful to know what the fine print/nitty gritty is.
It is my understanding that the intent of PACE is to provide this benefit to all US STEM Advanced degrees.
best,
Berkeleybee
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rssb
11-28 07:28 AM
H1's from A and B are not related and having multiple H1's is valid.
However in your case, once the H1 from company A starts your OPT / EAD status will no longer be valid. For filing a H1 with company B now, you are fine with OPT status and you may get an approval for start date B with company B based on today's status of OPT.
I am under the impression that company B is not aware of H1 filing with company A.
So if H1 from company A is already approved and ready to start date A in Jan , then that is the day your OPT will end. If H1 from B is approved before start date A , but start date B is beyond A's start date then you will have to be with company A during that period ( i.e gap between start date A & start date B).
Or else down the line if you are asked to prove status between start date A & B, for that time you need something to show.
You say "My issue is, Company A is going to terminate the H1B visa process from my end, and ends the employment relation with me. "
If this is the case your OPT should be intact, just make sure your status does not change on start date A with Sevis.
If A is not willing to cancel or you need to ask them to cancel then ....
Your options might be,
a) Cancel processing of H1 with A, so that OPT stays intact till B kicks in.
b) if A is already approved, then ask A to cancel it ( i.e send a letter to USCIS for withdrawal), this withdrawal date has to be before start date with A , and your OPT will be reinstated till B kicks in. This requires around 60 days, but can be sooner depending on their work load.
c) Ask B to advance start date to match with A so it takes control of your OPT before A ends it.
I can understand your situation, when someone is coming out of school and has multiple options. Where a single one of them is not a cut above the rest, for a clean decision, or a good one comes later. The best is to stay with opt until you are comfortable and like the work, but however due to time pressure, quota exhaustion and persuasion from the companies people end up applying for H1 too soon locking themselves into a corner.
PS: I am not a lawyer, it is better to consult a lawyer / your school student adviser for your options.
Good luck.
However in your case, once the H1 from company A starts your OPT / EAD status will no longer be valid. For filing a H1 with company B now, you are fine with OPT status and you may get an approval for start date B with company B based on today's status of OPT.
I am under the impression that company B is not aware of H1 filing with company A.
So if H1 from company A is already approved and ready to start date A in Jan , then that is the day your OPT will end. If H1 from B is approved before start date A , but start date B is beyond A's start date then you will have to be with company A during that period ( i.e gap between start date A & start date B).
Or else down the line if you are asked to prove status between start date A & B, for that time you need something to show.
You say "My issue is, Company A is going to terminate the H1B visa process from my end, and ends the employment relation with me. "
If this is the case your OPT should be intact, just make sure your status does not change on start date A with Sevis.
If A is not willing to cancel or you need to ask them to cancel then ....
Your options might be,
a) Cancel processing of H1 with A, so that OPT stays intact till B kicks in.
b) if A is already approved, then ask A to cancel it ( i.e send a letter to USCIS for withdrawal), this withdrawal date has to be before start date with A , and your OPT will be reinstated till B kicks in. This requires around 60 days, but can be sooner depending on their work load.
c) Ask B to advance start date to match with A so it takes control of your OPT before A ends it.
I can understand your situation, when someone is coming out of school and has multiple options. Where a single one of them is not a cut above the rest, for a clean decision, or a good one comes later. The best is to stay with opt until you are comfortable and like the work, but however due to time pressure, quota exhaustion and persuasion from the companies people end up applying for H1 too soon locking themselves into a corner.
PS: I am not a lawyer, it is better to consult a lawyer / your school student adviser for your options.
Good luck.
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eb3_nepa
07-28 01:37 PM
Let us see next month when EB2I will start getting lot of approvals. How many IV members contribute once they get GCs.
The problem here is, that once people get their GC, most cannot wait to get away from this site. I mean forget the actual Green Cards, even once the July 2nd filers got their EADs/APs etc, the activity on this forum has DRASTICALLY reduced.
Is it just me, or post the July 02 2007 filings, IV has been reduced to an "information only" kinda website BY ITS OWN MEMBERS? These days we simply post questions and expect answers, almost nothing seems to be happening. Everyone is content to enjoy the benefits of the I-485 filing and a lot of members have simply stopped visiting the site altogether.
So we can float this idea again, but the point is how many people will actually DO IT? I have started the "Give me a HIGH FIVE" campaign, where all the member has to do is contribute JUST $5.00. Yes JUST $5.00, nothing more. So far we have barely made $3,000. There are atleast 20,000 members who have no problems posting questions and "demanding" responses, but they cannot open their wallets even to the tune of $5.00. Do you really think, such members will contribute $100 AFTER they have already received their Green cards??
The problem here is, that once people get their GC, most cannot wait to get away from this site. I mean forget the actual Green Cards, even once the July 2nd filers got their EADs/APs etc, the activity on this forum has DRASTICALLY reduced.
Is it just me, or post the July 02 2007 filings, IV has been reduced to an "information only" kinda website BY ITS OWN MEMBERS? These days we simply post questions and expect answers, almost nothing seems to be happening. Everyone is content to enjoy the benefits of the I-485 filing and a lot of members have simply stopped visiting the site altogether.
So we can float this idea again, but the point is how many people will actually DO IT? I have started the "Give me a HIGH FIVE" campaign, where all the member has to do is contribute JUST $5.00. Yes JUST $5.00, nothing more. So far we have barely made $3,000. There are atleast 20,000 members who have no problems posting questions and "demanding" responses, but they cannot open their wallets even to the tune of $5.00. Do you really think, such members will contribute $100 AFTER they have already received their Green cards??
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reachinus
07-06 01:13 PM
1. With the latest mess with DOS and USCIS, are we asking them too much by asking them to just accept the 485 applications and provide interim benefits and are ready to wait for the approval of the green card for 4 or 5 years?
2. Do you think DOS and USCIS are pushing hard and churning money from the Legal immigrants who go by the law by increasing fees every year or 2?
3. IS any politician considering any relief for the peoples who go by the book and pay taxes?
4. Do u think becoming illegal rather than being legal provides some relief considering what ever has happend in the last decade?
2. Do you think DOS and USCIS are pushing hard and churning money from the Legal immigrants who go by the law by increasing fees every year or 2?
3. IS any politician considering any relief for the peoples who go by the book and pay taxes?
4. Do u think becoming illegal rather than being legal provides some relief considering what ever has happend in the last decade?
more...
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reverendflash
10-21 04:31 AM
:sleep:
Rev:elderly:
Rev:elderly:
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GCSOON-Ihope
10-17 02:15 PM
This shouldn't be a problem if you are a law obeying citizen :D How do you find out the status of the FBI name clearance? You wait until PD becomes current and nothing happens then place an inquiry with BCIS?
Thanks!
This is indeed exactly what I did. After my PD (01/2002) became current on 09/01, I waited two weeks then inquired about the status of my case: the first time, they told me they were still waiting for the FBI name check to clear and, the second time to find out that the name check had been pending since...08/2004 (when I filed I-485):mad: :mad: :mad: :mad: :mad:
Thanks!
This is indeed exactly what I did. After my PD (01/2002) became current on 09/01, I waited two weeks then inquired about the status of my case: the first time, they told me they were still waiting for the FBI name check to clear and, the second time to find out that the name check had been pending since...08/2004 (when I filed I-485):mad: :mad: :mad: :mad: :mad:
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inskrish
04-18 11:40 AM
Hello,
I am July 2nd 2007 AOS filer. My AOS application (including dependants') was received by USCIS mailroom on July 2nd 2007 at 10.20 am (according to FedEx Tracker), but the I-485 Receipt Date is Aug. 8th, 2007, and Notice Date is Oct 2nd, 2007. (USCIS took almost a month to enter our cases in their system). Now, USICS has sent rejection notices that our PD is not current in Aug.2007. Our cases are EB2, and PD is 05/2004, and PD was current in July.2007, as most of the July.2007 filers might know. The denial notice also has I-290B for us to file Appeal or Motion. I have contacted my law firm also. I remember seeing a similar thread, but couldn't find it now. I appreciate your suggestions and guidance. I have also sent a private message to Pappu, asking IV's help on this matter.
Thanks in advance.
I am July 2nd 2007 AOS filer. My AOS application (including dependants') was received by USCIS mailroom on July 2nd 2007 at 10.20 am (according to FedEx Tracker), but the I-485 Receipt Date is Aug. 8th, 2007, and Notice Date is Oct 2nd, 2007. (USCIS took almost a month to enter our cases in their system). Now, USICS has sent rejection notices that our PD is not current in Aug.2007. Our cases are EB2, and PD is 05/2004, and PD was current in July.2007, as most of the July.2007 filers might know. The denial notice also has I-290B for us to file Appeal or Motion. I have contacted my law firm also. I remember seeing a similar thread, but couldn't find it now. I appreciate your suggestions and guidance. I have also sent a private message to Pappu, asking IV's help on this matter.
Thanks in advance.
a_to_z_gc
01-22 07:29 PM
Try marrying a US citizen, that may be your only hope looking at the current situation (Just kidding)
EB2-India is Unavailable-That's true for the remainder of the year. So take your pick ...
Welcome to the party...
EB2-India is Unavailable-That's true for the remainder of the year. So take your pick ...
Welcome to the party...
jungalee43
08-26 02:36 PM
My I-140 and I-485 was filed concurrently in July 2004. I-140 was approved in October 2004 for EB3-India. In November 2006 I changed employers after I informed USCIS. We received notice in March 2007 to show another approved I-140 as my I-140 was revoked. My attorney replied invoking AC21 and stating that my I-140 remains valid. He attached my own letter informing them of employer change notiifcation as evidence.
On this we received another RFE in Sept 2007 stating that more evidence was needed in the form of employer letter and my tax returns. We replied to this with all the evidence. Then in October 2007 we received finger printing notice which stated that in order to continue my petition finger prints would be required. The case stayed at Vermont service center.
In November 2008 the case was transferred to Texas and they transferred it to NBC in April for scheduling an interview. The interview was done this month.
The officer did not have any clue about AC21 and insisted that I must show another approved I-140 or a letter from USCIS stating that my I-140 is reinstated. My attorney told the officer that processing on my petition was continued after the RFE, the officer went to find supervisor and could not find anyone. We were told that they would get back.
Today they denied my case on the same grounds that underlying I-140 petition is withdrawn.
What can I do now? I don't have H1B. How much help the MTR would be as it would go to same office. Please help. I am shell shocked.
On this we received another RFE in Sept 2007 stating that more evidence was needed in the form of employer letter and my tax returns. We replied to this with all the evidence. Then in October 2007 we received finger printing notice which stated that in order to continue my petition finger prints would be required. The case stayed at Vermont service center.
In November 2008 the case was transferred to Texas and they transferred it to NBC in April for scheduling an interview. The interview was done this month.
The officer did not have any clue about AC21 and insisted that I must show another approved I-140 or a letter from USCIS stating that my I-140 is reinstated. My attorney told the officer that processing on my petition was continued after the RFE, the officer went to find supervisor and could not find anyone. We were told that they would get back.
Today they denied my case on the same grounds that underlying I-140 petition is withdrawn.
What can I do now? I don't have H1B. How much help the MTR would be as it would go to same office. Please help. I am shell shocked.
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