garybanz
12-26 05:26 PM
Hi,
My company prepared for my PERM filing in EB2 category. They did all recruitement efforts. But at the time of filing, company annouced some lay-offs as "restructuring". Now my lawyer says, it is their policy not to file for PERM before six months of any lay -offs since some lay -offs involve same job title as my labor supposed to be filed. Since this is my lawyer's policy, My question is, is it safe to file PERM right now? What if I use different job title then the one my lawyer used before for recruitement efforts. (I understand he has to do new recruitement efforts for this ne job title, but is it safe?). What choices do I have, I do not want to delay my PERM filing. Please help...
Thanks
Most companies don't file any PERM applications within 6 months of any major layoffs.
My company prepared for my PERM filing in EB2 category. They did all recruitement efforts. But at the time of filing, company annouced some lay-offs as "restructuring". Now my lawyer says, it is their policy not to file for PERM before six months of any lay -offs since some lay -offs involve same job title as my labor supposed to be filed. Since this is my lawyer's policy, My question is, is it safe to file PERM right now? What if I use different job title then the one my lawyer used before for recruitement efforts. (I understand he has to do new recruitement efforts for this ne job title, but is it safe?). What choices do I have, I do not want to delay my PERM filing. Please help...
Thanks
Most companies don't file any PERM applications within 6 months of any major layoffs.
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mdforgc
02-20 05:47 AM
I read the link posted. This is an independent think tank about movement of people worldwide and the report in general analyses the three upcoming bills in relation to EB and non EB immigration and illegals. Overall the bill states that immigration is of benefit to the US and the degree of benefit depends on the legality and skill level of the immigrants, and they suggest that Family category 4 and DV category should be eliminated and used for EB immigration and also suggest readjusting the per country cap to accomadate for the reality of more immigrants from the retrogressed countries. I think this is good and we should include this in our presentation to the lawmakers, this will carry good weight.
Kumar Nanada
05-07 02:32 PM
My Case Details:
I currently have an H1 and have applied for 485(in July 2007, EB3 India, priority date April 2004, I-140 Approved, EAD approved). My wife also applied 485 (as beneficiary dependent) along with me and is currently working on EAD. Unfortunately my daughter was not in the country in July 2007 and due to unavoidable reasons she was not able to apply for 485 then. She came to US on H4 dependent visa and is currently studying in public school.
My H1B visa and my daughters H4 visa expires in Sept, 2010. I want to use my EAD incase if my H1B extension is not approved in Sept, 2010 and am trying to find out if there were other legal ways for me to have my daughter documented in US.
One of the option I was considering is try to get a F1 Student visa for her. My Daughter is in 10th grade currently (15 years old).
Please advice:
- What would be the best independent status for my daughter ?
- if My daughter converts to a student visa (F1), and some time later EB3 category becomes current for my priority date, then can 485 be applied for my daughter while she is in F1 status ? IN other words are there any issues of her being in non-immigrant intent F1 visa and me applying for 485 for her as my dependent ?
- Is there any limit on the number of years a person can be on F1 Visa in US ? She is currently in 10th grade and might join 11th Grade in F1 visa.
- Does she need to go out of US to change her status from H4 to F1 ?
- In case if required can I convert my EAD status back to H1B ?
Thanks in advance for your help.
Thanks,
Kumar N
I currently have an H1 and have applied for 485(in July 2007, EB3 India, priority date April 2004, I-140 Approved, EAD approved). My wife also applied 485 (as beneficiary dependent) along with me and is currently working on EAD. Unfortunately my daughter was not in the country in July 2007 and due to unavoidable reasons she was not able to apply for 485 then. She came to US on H4 dependent visa and is currently studying in public school.
My H1B visa and my daughters H4 visa expires in Sept, 2010. I want to use my EAD incase if my H1B extension is not approved in Sept, 2010 and am trying to find out if there were other legal ways for me to have my daughter documented in US.
One of the option I was considering is try to get a F1 Student visa for her. My Daughter is in 10th grade currently (15 years old).
Please advice:
- What would be the best independent status for my daughter ?
- if My daughter converts to a student visa (F1), and some time later EB3 category becomes current for my priority date, then can 485 be applied for my daughter while she is in F1 status ? IN other words are there any issues of her being in non-immigrant intent F1 visa and me applying for 485 for her as my dependent ?
- Is there any limit on the number of years a person can be on F1 Visa in US ? She is currently in 10th grade and might join 11th Grade in F1 visa.
- Does she need to go out of US to change her status from H4 to F1 ?
- In case if required can I convert my EAD status back to H1B ?
Thanks in advance for your help.
Thanks,
Kumar N
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sandy_anand
04-08 11:01 AM
Thanks for the effort! Much appreciated.
more...
WeShallOvercome
09-10 02:32 PM
Hi all,
I am getting a new job offer and i applied my GC this July just like most of us here. Is it possible to accept the offer and transfer the H1B visa, then try and negotiate to start later as soon as 180 days are completed?
What happens if i transfer my H1 now ... less than 180 days..and do not start with the new company, will my 485 still be processed? Lets say the H1 is transferred, but i plan not to use that H1 and stick to the same company where my H1 is, will that still be ok?
I am confused, its a good offer, and i dont know what to do. pls help..
An H1 transfer is not really a transfer. Just that you'll get another employer who is willing to and who can legally hire you. It does not mean you HAVE TO work for the new employer.
All the options you discussed here are safe for you.
1) Get H1 'transferred' now and join the new employer after 6 months are over
2) Get H1 'transferred' now and don't join the new employer.
Just make sure your new job description is similar to your LC job description and it has been 180 days since you filed your I-485.. Chill
I am getting a new job offer and i applied my GC this July just like most of us here. Is it possible to accept the offer and transfer the H1B visa, then try and negotiate to start later as soon as 180 days are completed?
What happens if i transfer my H1 now ... less than 180 days..and do not start with the new company, will my 485 still be processed? Lets say the H1 is transferred, but i plan not to use that H1 and stick to the same company where my H1 is, will that still be ok?
I am confused, its a good offer, and i dont know what to do. pls help..
An H1 transfer is not really a transfer. Just that you'll get another employer who is willing to and who can legally hire you. It does not mean you HAVE TO work for the new employer.
All the options you discussed here are safe for you.
1) Get H1 'transferred' now and join the new employer after 6 months are over
2) Get H1 'transferred' now and don't join the new employer.
Just make sure your new job description is similar to your LC job description and it has been 180 days since you filed your I-485.. Chill
nixstor
07-27 03:58 PM
Unless it is a software error from the Joomla software, whats the point in having 4 threads on this?
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dbar
07-16 10:18 AM
Please click one of the Quick Reply icons in the posts above to activate Quick Reply.
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Blog Feeds
05-17 01:40 AM
The information that is provided in this post is relevant as of Friday May 15, 2009. This is coming from our local AILA chapter Chair.
As many of our readers know, at the conclusion of the Marriage based adjustment of status interview, the immigration officer, upon approval, used to stamp the immigrant's passport with the I-551 (Green Card) stamp. This used to be an immediate proof that the case was approved and the applicant could work and travel using this stamp. As the actual production of the Green Cards became so fast, the practice of stamping applicants' passports stopped as well in most states across the nation.
It seems that things are changing, hence the recent notice from USCIS. According to the notice we received, the Green Card Facility in KY is undergoing renovation. USCIS' card production capability will be reduced over the next several months. They will expand the use of ADIT Temporary Green Card stamps as temporary evidence of LPR status.
The Stamps will be valid for 12 months (previously only 30 days validity was given). Work permits and travel documents (advance paroles) will be collected at the interview from the clients. The stamp will be the only proof of work and travel authorization in such cases. It looks like this policy will continue for the next 6-12 months. This is a nationwide policy and is not taking place only in San Diego.
We will keep you posted with more information as it becomes available.
More... (http://www.visalawyerblog.com/2009/05/san_diego_immigration_lawyer_u.html)
As many of our readers know, at the conclusion of the Marriage based adjustment of status interview, the immigration officer, upon approval, used to stamp the immigrant's passport with the I-551 (Green Card) stamp. This used to be an immediate proof that the case was approved and the applicant could work and travel using this stamp. As the actual production of the Green Cards became so fast, the practice of stamping applicants' passports stopped as well in most states across the nation.
It seems that things are changing, hence the recent notice from USCIS. According to the notice we received, the Green Card Facility in KY is undergoing renovation. USCIS' card production capability will be reduced over the next several months. They will expand the use of ADIT Temporary Green Card stamps as temporary evidence of LPR status.
The Stamps will be valid for 12 months (previously only 30 days validity was given). Work permits and travel documents (advance paroles) will be collected at the interview from the clients. The stamp will be the only proof of work and travel authorization in such cases. It looks like this policy will continue for the next 6-12 months. This is a nationwide policy and is not taking place only in San Diego.
We will keep you posted with more information as it becomes available.
More... (http://www.visalawyerblog.com/2009/05/san_diego_immigration_lawyer_u.html)
more...
gcwait2007
06-23 11:33 PM
Here is the USCIS official URL page/ press release:
http://www.uscis.gov/files/article/premproc_22jun09.pdf
http://www.uscis.gov/files/article/premproc_22jun09.pdf
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virtual55
01-15 10:55 AM
Hello guys,
If the employer is not willing to share your I-140 approval status with you, is there a way to find out this information from other sources?
I currently have my 485 & AP numbers but do not have I-140 number to track on the USCIS website.
Thanks for help in advance.
post the employer name and address so that other people will be careful working for him and also if employer comes to know about IV, he will stop these kind of things
If the employer is not willing to share your I-140 approval status with you, is there a way to find out this information from other sources?
I currently have my 485 & AP numbers but do not have I-140 number to track on the USCIS website.
Thanks for help in advance.
post the employer name and address so that other people will be careful working for him and also if employer comes to know about IV, he will stop these kind of things
more...
valysivec27
10-29 01:21 PM
Hello, I've been offered a job and have less than 180 days since applied for I485. I have EAD document thourgh my wife as well.
In case I accept the job offer do I need to withdraw my pending I485?. If will work part time with my current employer will my application be affected in any way?
Thanks,
Valy Sivec
In case I accept the job offer do I need to withdraw my pending I485?. If will work part time with my current employer will my application be affected in any way?
Thanks,
Valy Sivec
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maverick_joe
05-12 02:19 PM
thanks rockstart, will try that route.
I have renewed my DL in VA while my H1B was pending last year (Oct 07) . All you need is your H1-B application receipt and they will extend it by 1 Year.
I have renewed my DL in VA while my H1B was pending last year (Oct 07) . All you need is your H1-B application receipt and they will extend it by 1 Year.
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terpcurt
January 11th, 2004, 09:06 AM
That is truly a lot of snapping....