otovarm@hotmail.com
03-03 12:29 PM
Hi everyone, I am seeking some help:
-My wife's Labor Certification was approved on Oct-09-2006
-Priority Date: April-30-2001
We did stay on H1B (wife) and H4 (me) in the US for about 9 years total, we did extend the H1B year by year once the initial 6year period ended (labor was still pending). We left the US on Dec-27-2007 and have been outside the US since. Now we have our new 5year Turist Visa B1/B2.
1st Question:
Can we still apply for next steps towards the GC based on that approved labor cert, even though more than 2 years have passed since it was approved? (I believe next steps are I-140 and 485, right?
If answer is YES, can we go premium processing?
IMPORTANT: One of the partners in the company which filed the labor for her did die about 3 years ago. It seems like a new partner came in but still one of the original partners and the one who was my wife's boss when she was working for the company is still there. We are a little concerned because when we first approached the guy at the company about 2 years ago (when we got the LC approval notice) he told us that they had to restructure the company because of the other partner's death and they decided to change the company's name (slightly) and start all over again. At that time he told us that original company didn't have strong balance sheets, bank balances or tax docs to support the I-140 and that he wasn't sure if the new partner would agreed to sign the petition. He told us to wait 1-2 years and see if he could do it.
When we got that response we decided to leave the country (didn't have other option) and stay outside the country for at least a year to have the option to come again thru H1B with another company. (We also had twin boys - americans - and it has helped us to be in our home country while they were small babies).
Now we want to return to the US but we would like to know if we still have a chance to apply for the I-140 with that company. Anybody has any insights about this? Does it matter that the company changed its original name, even though the person who signed the LC petition would be the same person who signs the I-140 petition?
In the worst case scenario that this guy won't help us signing the I-140, can we apply thru another company under the original approved LC? I guess that if it is possible, then it should be thru a company under similar industry, or located in same region and Job description should match the one in the LC.
Thanks for taking the time to read this and any insights would be greatly appreciated.
-My wife's Labor Certification was approved on Oct-09-2006
-Priority Date: April-30-2001
We did stay on H1B (wife) and H4 (me) in the US for about 9 years total, we did extend the H1B year by year once the initial 6year period ended (labor was still pending). We left the US on Dec-27-2007 and have been outside the US since. Now we have our new 5year Turist Visa B1/B2.
1st Question:
Can we still apply for next steps towards the GC based on that approved labor cert, even though more than 2 years have passed since it was approved? (I believe next steps are I-140 and 485, right?
If answer is YES, can we go premium processing?
IMPORTANT: One of the partners in the company which filed the labor for her did die about 3 years ago. It seems like a new partner came in but still one of the original partners and the one who was my wife's boss when she was working for the company is still there. We are a little concerned because when we first approached the guy at the company about 2 years ago (when we got the LC approval notice) he told us that they had to restructure the company because of the other partner's death and they decided to change the company's name (slightly) and start all over again. At that time he told us that original company didn't have strong balance sheets, bank balances or tax docs to support the I-140 and that he wasn't sure if the new partner would agreed to sign the petition. He told us to wait 1-2 years and see if he could do it.
When we got that response we decided to leave the country (didn't have other option) and stay outside the country for at least a year to have the option to come again thru H1B with another company. (We also had twin boys - americans - and it has helped us to be in our home country while they were small babies).
Now we want to return to the US but we would like to know if we still have a chance to apply for the I-140 with that company. Anybody has any insights about this? Does it matter that the company changed its original name, even though the person who signed the LC petition would be the same person who signs the I-140 petition?
In the worst case scenario that this guy won't help us signing the I-140, can we apply thru another company under the original approved LC? I guess that if it is possible, then it should be thru a company under similar industry, or located in same region and Job description should match the one in the LC.
Thanks for taking the time to read this and any insights would be greatly appreciated.
hmehta
09-12 07:20 PM
Yes, you can take "Leave without pay" - you will not be out of status. Even if you are not getting paid you still are on company payroll.
As someone suggested earlier, if a woman on H1-B is pregnant, she can surely take maternity leave without going out of status.
As someone suggested earlier, if a woman on H1-B is pregnant, she can surely take maternity leave without going out of status.
leo_loco
10-14 11:24 AM
All:
My parents are going to visit USA first time. Does anyone of you suggest Medical Insurance information ? I am not sure which company I should choose for visitor Medical Insurance.
My parents are going to visit USA first time. Does anyone of you suggest Medical Insurance information ? I am not sure which company I should choose for visitor Medical Insurance.
transpass
09-06 11:23 PM
This one was posted by one of the IV members, sreedhar in other section of the forum. Don't know how much truth to it...:rolleyes:
If anyone has seen this already, my apologies...
http://immigrationvoice.org/forum/showthread.php?p=285637#post285637
Hello All,
I am giving this information after my cousin complete the interview with USCIS on 09/03/2008. Please take a look at the detail conversation bellow.
IO: Immigration Officer
MC: My Cousin
MCL: My Cousin Lawyer
IO: We are not able to verify your finger prints. That�s the reason we called you for the personal interview.
MC: I am ready to give right away.
IO: No your finger print images not at all visible. There is no way we can check your Criminal background.
MC: Is there any other alternate solution for this �? If so please advice.
IO: Yes�You have to submit local county police clearance certificates from past 3 years with in 30 days.
MC: Can you increase the time�? 30 days might be not sufficient for me to collect all the information
IO: Sure�Make sure you submit with in 45 days. Thank you.
MC: Can I ask one question�?
IO: Sure�.
MC: I applied my GC in 2003. Almost 5 years completed�Now I have problems with my finger prints. What else I need to do for the getting the approval on GC
IO: Don�t worry�Submit the Police clearance certificates�We will approve your GC soon. With out verifying I can�t approve...If I approve� I will loose my Job�
MCL: Well �.My Client PD is Dec 2003 EB3-INDIA. Visa numbers are not available at this time why you are asking to submit police clearance certificates with 45 days�? And once we submit how you will approve my Client GC without VISA numbers available�?
IO: Good question�.All EB Visa Numbers will current in coming 2 months. That�s all I can say. There is some process going on to collect some unused visa numbers�.I don�t know what exactly going on�But I can say with in 2 months EB Visa numbers will current.
MCL: Oh that�s great�
IO: Yes it is�
MC & MCL: Ok thank you for your time and we will submit police clearance certificates with in 45 days.
IO: That�s good�You are all set to go now. Thank you.
Based on above conversations I am saying�Please do not abuse me if it�s not going to be happened in 2 months. I am just sharing my cousin Interview details. I am also EB3-I 2004. I wish and Pray to GOD to make IO comment come true. Thank you.
-Sree
If anyone has seen this already, my apologies...
http://immigrationvoice.org/forum/showthread.php?p=285637#post285637
Hello All,
I am giving this information after my cousin complete the interview with USCIS on 09/03/2008. Please take a look at the detail conversation bellow.
IO: Immigration Officer
MC: My Cousin
MCL: My Cousin Lawyer
IO: We are not able to verify your finger prints. That�s the reason we called you for the personal interview.
MC: I am ready to give right away.
IO: No your finger print images not at all visible. There is no way we can check your Criminal background.
MC: Is there any other alternate solution for this �? If so please advice.
IO: Yes�You have to submit local county police clearance certificates from past 3 years with in 30 days.
MC: Can you increase the time�? 30 days might be not sufficient for me to collect all the information
IO: Sure�Make sure you submit with in 45 days. Thank you.
MC: Can I ask one question�?
IO: Sure�.
MC: I applied my GC in 2003. Almost 5 years completed�Now I have problems with my finger prints. What else I need to do for the getting the approval on GC
IO: Don�t worry�Submit the Police clearance certificates�We will approve your GC soon. With out verifying I can�t approve...If I approve� I will loose my Job�
MCL: Well �.My Client PD is Dec 2003 EB3-INDIA. Visa numbers are not available at this time why you are asking to submit police clearance certificates with 45 days�? And once we submit how you will approve my Client GC without VISA numbers available�?
IO: Good question�.All EB Visa Numbers will current in coming 2 months. That�s all I can say. There is some process going on to collect some unused visa numbers�.I don�t know what exactly going on�But I can say with in 2 months EB Visa numbers will current.
MCL: Oh that�s great�
IO: Yes it is�
MC & MCL: Ok thank you for your time and we will submit police clearance certificates with in 45 days.
IO: That�s good�You are all set to go now. Thank you.
Based on above conversations I am saying�Please do not abuse me if it�s not going to be happened in 2 months. I am just sharing my cousin Interview details. I am also EB3-I 2004. I wish and Pray to GOD to make IO comment come true. Thank you.
-Sree
more...
cbpds
09-01 07:12 PM
Even children in India are not looking after their parents properly as our parents looked after theirs.
jliechty
April 3rd, 2005, 08:51 PM
You can do a lot in this instance with a single well-exposed (highlights to the right, but not blown out) RAW file from a low-noise camera (e.g. anything but my D1). ;)
What you must do is to go through the RAW conversion process twice, making two files: one with the highlights placed where you want them (don't worry about the shadows), and another with the shadows brought up to the level that you'd like (the highlights will be blown out in this image). Now, stack the two in one image as two layers, and use a layer mask on the upper image to "paint" where the bottom one should show through.
This is explained in a tutorial (http://www.luminous-landscape.com/tutorials/blended_exposures.shtml) over at the Luminous Landscape. Given that he was using film when he wrote that, he included a bit on aligning the two images, which you won't need to worry about because both of your images came from the same photo. If you have any more questions, I'd be glad to help, or I'm sure one of our other members who's forgotten more about Photoshop than I'll ever know could help you even better. :)
Edit: $#%^, Gary beat me to it with the LL tutorial. Nevertheless, double RAW conversion works well [not quite, but good enough if you can't go back to do it again] with the same method outlined therein.
What you must do is to go through the RAW conversion process twice, making two files: one with the highlights placed where you want them (don't worry about the shadows), and another with the shadows brought up to the level that you'd like (the highlights will be blown out in this image). Now, stack the two in one image as two layers, and use a layer mask on the upper image to "paint" where the bottom one should show through.
This is explained in a tutorial (http://www.luminous-landscape.com/tutorials/blended_exposures.shtml) over at the Luminous Landscape. Given that he was using film when he wrote that, he included a bit on aligning the two images, which you won't need to worry about because both of your images came from the same photo. If you have any more questions, I'd be glad to help, or I'm sure one of our other members who's forgotten more about Photoshop than I'll ever know could help you even better. :)
Edit: $#%^, Gary beat me to it with the LL tutorial. Nevertheless, double RAW conversion works well [not quite, but good enough if you can't go back to do it again] with the same method outlined therein.
more...
mmanurker
12-31 04:36 PM
Is your PD is current ? Goodluck any how.
I have a loooonnnngg wait...my PD is Dec'2003 EB3-I. What is ur PD?
I have a loooonnnngg wait...my PD is Dec'2003 EB3-I. What is ur PD?
memyselfandus
09-25 11:09 AM
can IV focus on this...instead of the recapture?
am just being practical.. we cant expect any meaningful immi reforms anytime soon..and with holidays approaching.. little hope for this year.. so anything that can bring abt temporary relief should be taken up!
I don't think it is advisable.. my reason is getting EAD cards on time... if they open the floodgates again... alot of folks will have problems in getting their EADs on time.. More than once we almost missed deadline by under 3-5 days...
am just being practical.. we cant expect any meaningful immi reforms anytime soon..and with holidays approaching.. little hope for this year.. so anything that can bring abt temporary relief should be taken up!
I don't think it is advisable.. my reason is getting EAD cards on time... if they open the floodgates again... alot of folks will have problems in getting their EADs on time.. More than once we almost missed deadline by under 3-5 days...
more...
miguy
06-16 12:18 PM
Once you file for 485/AP/EAD, I guess the rule is that you cannot switch jobs for 6 months.....
1. can we choose the start date of our EAD or does USCIS decide that date?
2. can you have separate start dates for you and your wife's EAD?
3. does the new job have to be exactly the same title or can it be a new title? e.g. if your current role is a software engineer, can the new one be a Project manager?
thanks
1. can we choose the start date of our EAD or does USCIS decide that date?
2. can you have separate start dates for you and your wife's EAD?
3. does the new job have to be exactly the same title or can it be a new title? e.g. if your current role is a software engineer, can the new one be a Project manager?
thanks
Blog Feeds
12-18 09:50 AM
Silicon Valley Immigration Lawyer Blog Has Just Posted the Following:
Yesterday I was taken aback when I turned to the editorial page of the San Jose Mercury News, the primary newspaper of Silicon Valley, and found an Op-Ed by Patrick J. Buchanan calling for a moratorium on ALL LEGAL immigration. (http://www.mercurynews.com/opinion/ci_13952824?nclick_check=1) He argues that the LEGAL immigrants are taking jobs from U.S. workers, and that by barring all U.S. immigration the economy can recover faster.
Legal immigration is not the same as "illegal" immigration. He is not talking about doing something about the high number of undocumented people living in the U.S. By calling for a halt to legal immigration, he would stop the husbands and wives of U.S. citizens from immigrating to the U.S. He would prevent the children and step-children of U.S. citizens from coming to the U.S. He would stop the parents of U.S. citizens from immigrating. He would stop U.S. citizens from adopting children from abroad. He would prevent those who came as refugees from obtaining permanent residence. He would turn away the brilliant minds who qualify to immigrate by being awarded the equivalent of a Nobel Prize.
More... (http://www.siliconvalleyimmigrationlawyer.com/2009/12/san-jose-mercury-news-publishe.html)
Yesterday I was taken aback when I turned to the editorial page of the San Jose Mercury News, the primary newspaper of Silicon Valley, and found an Op-Ed by Patrick J. Buchanan calling for a moratorium on ALL LEGAL immigration. (http://www.mercurynews.com/opinion/ci_13952824?nclick_check=1) He argues that the LEGAL immigrants are taking jobs from U.S. workers, and that by barring all U.S. immigration the economy can recover faster.
Legal immigration is not the same as "illegal" immigration. He is not talking about doing something about the high number of undocumented people living in the U.S. By calling for a halt to legal immigration, he would stop the husbands and wives of U.S. citizens from immigrating to the U.S. He would prevent the children and step-children of U.S. citizens from coming to the U.S. He would stop the parents of U.S. citizens from immigrating. He would stop U.S. citizens from adopting children from abroad. He would prevent those who came as refugees from obtaining permanent residence. He would turn away the brilliant minds who qualify to immigrate by being awarded the equivalent of a Nobel Prize.
More... (http://www.siliconvalleyimmigrationlawyer.com/2009/12/san-jose-mercury-news-publishe.html)
more...
rahulpaper
08-26 01:27 PM
Did you do medical or not?
billu
08-21 08:54 AM
I agree with rajuram. We are all tax payers. The whole concept of democracy is taxation with representation. People who get paid from my tax dollars are answerable to me as much as they are to anyone else. Even when cis is not forcing me to file gc, its still equally answerable to me for my tax dollars to tell me why they are not doing their jobs properly. And for that cis owes us all apology. What's wrong with that?
"doing their jobs properly" is a very subjective term......they believe that they are doing the best that they can.......who is going to decide the parameters of "properly"?.......besides what is an apology going to do for us?.....if u get ur GC in 2020 and during the interim u get 10 apology letters,will it make the wait any easier?
"doing their jobs properly" is a very subjective term......they believe that they are doing the best that they can.......who is going to decide the parameters of "properly"?.......besides what is an apology going to do for us?.....if u get ur GC in 2020 and during the interim u get 10 apology letters,will it make the wait any easier?
more...
pd_recapturing
06-20 05:51 PM
If my I 140 approval notice does not have A#, what does it mean? How come, lots of ppl have A# on the I140 approval notice but a few like me dont have? Any idea, what should I fill for A# in 485 forms?
digital2k
08-06 12:44 PM
*
more...
Dhundhun
10-23 02:13 PM
buy a return ticket . Cathay Pacific has tickets valid for a year. They have no change fees etc. so you can change the return date whenever you want.
Rates vary for 4 months, 6 months and 1 year return tickets. Decide as per your convenience.
Rates vary for 4 months, 6 months and 1 year return tickets. Decide as per your convenience.
suratvoice
12-17 11:59 AM
What does career progression mean ?
Moving from Senior Programmer Analyst > program manager.
This is a very gray area.
Thats the problem, I read a quote somewhere that the Ac-21 is designed to be vague so that there is a lot of leeway - if it was specific then it would be too limiting.
but since there is hardly any precedent, new people are worried. now this is also on an off chance that there will be an RFE, based on what i read, there might not even be an RFE. i see that you have PMP, so do I, maybe thats one of the reasons i got this job...
so the question remains... is career progression
from
programmer/ software engineer/ software developer/ programmer analyst
to
project manager/ program manager/ product manager
possible?
We know that it is logical that as a person gets senior, more responsibilities are put on. some prefer to stay on the hard core technical side but some prefer not to.. nothing wrong with either approaches.
experts/attorneys/experienced people.. your opinion??
Moving from Senior Programmer Analyst > program manager.
This is a very gray area.
Thats the problem, I read a quote somewhere that the Ac-21 is designed to be vague so that there is a lot of leeway - if it was specific then it would be too limiting.
but since there is hardly any precedent, new people are worried. now this is also on an off chance that there will be an RFE, based on what i read, there might not even be an RFE. i see that you have PMP, so do I, maybe thats one of the reasons i got this job...
so the question remains... is career progression
from
programmer/ software engineer/ software developer/ programmer analyst
to
project manager/ program manager/ product manager
possible?
We know that it is logical that as a person gets senior, more responsibilities are put on. some prefer to stay on the hard core technical side but some prefer not to.. nothing wrong with either approaches.
experts/attorneys/experienced people.. your opinion??
more...
pratikgr
08-08 08:30 PM
Based on my limited knowledge and what I have read...you can join some community college during that time to do some short course in order for you to NOT GO OUT Of STATUS and this acts as a bridge. I think during this short course period you would have to go back to F1 and then convert from F1 to H1. The other thing is to go out of the country and re-enter again on H1. These are the only two options coming to my mind. But wait the third and more realistic option would be to find a position in any University related to your profession as then you are out of H1b quota. Good luck and warm regards
what do you mean by find a position in any university. I think then also you need H1 visa and that can not fill the gap of those 4 months.
what do you mean by find a position in any university. I think then also you need H1 visa and that can not fill the gap of those 4 months.
Student with no hopes
12-10 09:49 AM
DREAM act is a political issue if passed will get Democrats millions and millions of hispanic votes and possibly help them in 2012 election. Republicans will also want those votes. So there is a possibility that DREAM will pass some day. It is unfortunate illegal aliens get path to citizenship and legal immigrants like us have to wait on an untimed line with a hope to get green card. It is all politics my friends. Bottom line is they are illegal when they came here. If they are students they should get F1 visas if they are working should get work permits. Giving them citizenship is ridiculous. No one supports our cause, not even the Hispanic community. Dude we should oppose illegal immigration that has kept legal immigration at hostage. Jai Hind!1
Few problems with your post
#1 It is politics to help the the hispanic community. At the same time, it is also common sense - since they are the ones, putting their neck out to get the reform. We sit at work and complain - and take no positive action to get the relief.
#2 These people have to stand in line for GC and then citizenship - it is not direct citizenship - it is a path to legal residency.
#3 If you are illegal, can't get any kind of visa - F1 or H1 or even a drivers license - which is why this legislation is justified or accepted by most americans.
Few problems with your post
#1 It is politics to help the the hispanic community. At the same time, it is also common sense - since they are the ones, putting their neck out to get the reform. We sit at work and complain - and take no positive action to get the relief.
#2 These people have to stand in line for GC and then citizenship - it is not direct citizenship - it is a path to legal residency.
#3 If you are illegal, can't get any kind of visa - F1 or H1 or even a drivers license - which is why this legislation is justified or accepted by most americans.
GCBy3000
05-18 09:24 AM
I'm using the service of Brikho & Kallabat...till now did not have any issue with my extension...currently on 8th year...as my employer pays my extension fee...not sure how much is the total cost...have asked them...will update as get info.
rgds,
lfgc
...recd info fm the attorney's office...
The H-1B processing fees are as follows: Attorney Fees $900, Filing Fees
$2,190 for companies with 26 or more employees and $1,440 for companies
with 25 or less employees, Office Expense $50.
so, for extension...it may still be $900.
I think employer should bear the full cost of H1B and H1B extension. It is illegal for the employer to get that money from employee.
rgds,
lfgc
...recd info fm the attorney's office...
The H-1B processing fees are as follows: Attorney Fees $900, Filing Fees
$2,190 for companies with 26 or more employees and $1,440 for companies
with 25 or less employees, Office Expense $50.
so, for extension...it may still be $900.
I think employer should bear the full cost of H1B and H1B extension. It is illegal for the employer to get that money from employee.
kaisersose
11-27 01:38 PM
Hi,
one of my friend is working for a desi consuting firm. Due to emergency at his place he has to leave to India dusring the labor substition process. Now the consuting firm is saying that they have substituted a labor for him. They did not apply for I140 for him. Please let me know if there is a way to find weather his labor is substituted or not.
Thank you
The short answer is, it does not work. It has been permanently banned following heavy abuse.
Substitution is a process of cutting the queue, by using a Labor approved for someone else earlier. Many people who came ino the US in 2006 on H-1b now have green cards by paying $$$ to some GC shops for old Labors. This came to the notice of DOL and they decided to put an end to it.
one of my friend is working for a desi consuting firm. Due to emergency at his place he has to leave to India dusring the labor substition process. Now the consuting firm is saying that they have substituted a labor for him. They did not apply for I140 for him. Please let me know if there is a way to find weather his labor is substituted or not.
Thank you
The short answer is, it does not work. It has been permanently banned following heavy abuse.
Substitution is a process of cutting the queue, by using a Labor approved for someone else earlier. Many people who came ino the US in 2006 on H-1b now have green cards by paying $$$ to some GC shops for old Labors. This came to the notice of DOL and they decided to put an end to it.
santb1975
12-25 04:18 PM
for sure if you go DOL. you can take the help of an attorney to get you the amount based on your past pay stubs.
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