hmehta
08-04 03:40 PM
Well, there are some clauses under which if you take out from 401K, you won't be penalized.
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flipflop
12-03 04:23 PM
there are lot of threads abt this topic. search it.
read form I-131 instructions, where it clearly says, AP appl. is considered abandoned if you leave US before its approval. this is for sure.
How about a case where AP renewal is pending and previously approved AP has not expired?
Can you go out of US and come back before previous AP expires?
What happens when you are out of US on previous AP and "AP renewal" is approved? Is that considered abandoning I-485?
Thanks and appreciate any replies.
read form I-131 instructions, where it clearly says, AP appl. is considered abandoned if you leave US before its approval. this is for sure.
How about a case where AP renewal is pending and previously approved AP has not expired?
Can you go out of US and come back before previous AP expires?
What happens when you are out of US on previous AP and "AP renewal" is approved? Is that considered abandoning I-485?
Thanks and appreciate any replies.
aph0025
11-12 12:21 PM
From the day you file your case you are legal to work with your new employer until its approval or denial. When you file your case (filed in normal processing without including paystub) sometimes they just approve it and sometimes they ask for a current paystub for evidence to close the case as approved. As you start working for your new company you would get a pay stub which can be used for the query.
That's a good point as well. I am planning to go in for premium processing on the safer side. But, if there is a query for pay stubs, they would require my previous employer's pay stubs right (the one from whom I am transferring my H1B visa to begin with)? I hope you are right, and my assumption is wrong. Looking at the responses, a lot is dependant on the immigration officer.
That's a good point as well. I am planning to go in for premium processing on the safer side. But, if there is a query for pay stubs, they would require my previous employer's pay stubs right (the one from whom I am transferring my H1B visa to begin with)? I hope you are right, and my assumption is wrong. Looking at the responses, a lot is dependant on the immigration officer.
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nousername
04-07 01:48 PM
Thanks for a quick explanation.. So basically we are hosed if we leave our employer on a bad note and he decides to use our labor for someone else.
Follow up questions:
1. If I understand this correctly then simply revoking the labor won't kill the I-485 application but the employer needs to substitute the original application for another employee.
2. Also, by pre-July 2007 you mean people who filed their labor or I-485 before July 2007, or both?
3. Will this affect people who applied (and approved) for their labor before July'07 but filed their I-485 during / after July'07 fiasco i.e. majority of IV members.
4. If people in point # 3 are not affected then are they off the leash?
Thanks.
In very basic terms.
If you have left your employer after filing AC21(140 approved and 485 pending for 180 days), your employer then revoked your 140 and used the original labor to file 140 for another person(substitution). Another person has applied for 485.
Then original applicant's 485 will be denied.....because AAO is saying One Labor can be used only for one Green Card....
Mind you this is all relates to pre July 2007.
Follow up questions:
1. If I understand this correctly then simply revoking the labor won't kill the I-485 application but the employer needs to substitute the original application for another employee.
2. Also, by pre-July 2007 you mean people who filed their labor or I-485 before July 2007, or both?
3. Will this affect people who applied (and approved) for their labor before July'07 but filed their I-485 during / after July'07 fiasco i.e. majority of IV members.
4. If people in point # 3 are not affected then are they off the leash?
Thanks.
In very basic terms.
If you have left your employer after filing AC21(140 approved and 485 pending for 180 days), your employer then revoked your 140 and used the original labor to file 140 for another person(substitution). Another person has applied for 485.
Then original applicant's 485 will be denied.....because AAO is saying One Labor can be used only for one Green Card....
Mind you this is all relates to pre July 2007.
more...
Maverick_2008
02-22 09:32 PM
Even TSC is getting s..l..o..w now for 140.
Maverick_2008
https://egov.uscis.gov/cris/jsps/Processtimes.jsp?SeviceCenter=NSC
https://egov.uscis.gov/cris/jsps/Processtimes.jsp?SeviceCenter=TSC
TSC
485: went from May 24 to April 10, 2007 :(
140: June 23, 2007
NSC
485: July 30, 3007
140: Jan 22, 2007
Maverick_2008
https://egov.uscis.gov/cris/jsps/Processtimes.jsp?SeviceCenter=NSC
https://egov.uscis.gov/cris/jsps/Processtimes.jsp?SeviceCenter=TSC
TSC
485: went from May 24 to April 10, 2007 :(
140: June 23, 2007
NSC
485: July 30, 3007
140: Jan 22, 2007
EkAurAaya
06-01 01:49 PM
unfortunately anything that says/reads no cap on h1 will be shot down as soon as it takes off...
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ABC of GC
06-08 06:30 AM
Its not abt H1-B abuse, its abt the way it was brought up. Instead of looking into his own house (USCIS and DOL) Sen.Durbin held Indian companies responsible and almost started bashing them. Little did he anticipate that they will come back in this way.
H1-B abuse is a different issue. Sen. Durbin should have looked into rulemaking part of the game than bashing players of the game.
When the US was instrumental in doing WTO negotiations during late 90's (BTW-your's truely grew up during that period witnessing this through newspaper articles - was an exact reversal of roles played by India and US then)they never realized that globalizing markets would lead to globalizing labor market also. Now, IT has become a virtual industry with a pretty much open labor market. Professionals making Rs.50000 ($1200) are competing with those making $5000 a month. US politicians made a classic judgement error in 90's. Now, protectionist measures are being brought in by the very same people who championed globalization for a decade.
The letter puts things in perspective for sen. Durbin. It seems to carry a veiled warning about backlash of these protectionist measures on the US companies doing business in India. Starting from McDonalds,subway,coke (now even Walmart) to Ford, GM, IBM, Pfizer, Merck, Novartis, Abott, J&J, JP Morgan, Bank of America and many more have huge business interests in India. The size of Indian market totals upto atleast 0.8 billion human individuals with need for housing, auto, computers, electronics, healthcare, finance, consumer products etc. Losing an inch of it can make an international co. nervous.
As far as Indian consumers go they now have options- British, German, Japanese, French and now even the Indian companies.
Durbin tried to scare a cat, unfortunately for him it turned out to be a big wild cat- aTiger.
Well Said
H1-B abuse is a different issue. Sen. Durbin should have looked into rulemaking part of the game than bashing players of the game.
When the US was instrumental in doing WTO negotiations during late 90's (BTW-your's truely grew up during that period witnessing this through newspaper articles - was an exact reversal of roles played by India and US then)they never realized that globalizing markets would lead to globalizing labor market also. Now, IT has become a virtual industry with a pretty much open labor market. Professionals making Rs.50000 ($1200) are competing with those making $5000 a month. US politicians made a classic judgement error in 90's. Now, protectionist measures are being brought in by the very same people who championed globalization for a decade.
The letter puts things in perspective for sen. Durbin. It seems to carry a veiled warning about backlash of these protectionist measures on the US companies doing business in India. Starting from McDonalds,subway,coke (now even Walmart) to Ford, GM, IBM, Pfizer, Merck, Novartis, Abott, J&J, JP Morgan, Bank of America and many more have huge business interests in India. The size of Indian market totals upto atleast 0.8 billion human individuals with need for housing, auto, computers, electronics, healthcare, finance, consumer products etc. Losing an inch of it can make an international co. nervous.
As far as Indian consumers go they now have options- British, German, Japanese, French and now even the Indian companies.
Durbin tried to scare a cat, unfortunately for him it turned out to be a big wild cat- aTiger.
Well Said
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akhilmahajan
11-14 08:28 PM
December visa bulletin is out and everybodys knows what they are in for. Truth is always bitter.
Joy and happiness of EAD's/AP's have turned sour. The reality is out. This bulletin has shown us what kind of time line we can expect to get our GC's. It's no more 1-2 years as people think and lawyers have been saying. Its years and years of wait.
Folks this is the time to fight it out. Lets fight for ourselves.
The first step in doing so is meeting lawmwkers. We need to educate the lawmakers of our problems. Till the time they dont understand, how can we expect any kind of relief from them.
The whole idea is to highlight our problem. If we dont highlight it, then noone is going to do anything for us.
There is no more spoon feeding. Now we need to rise for ourselves. Either its time to do something or the old choice of hiding inside the closet
Lets take a step forward in making everyone aware of our problems. Lets strengthen the state chapters. With a good base we can build up momentum and get more coverage for our issue.
Think about it.
Go IV Go. Together we can.
Joy and happiness of EAD's/AP's have turned sour. The reality is out. This bulletin has shown us what kind of time line we can expect to get our GC's. It's no more 1-2 years as people think and lawyers have been saying. Its years and years of wait.
Folks this is the time to fight it out. Lets fight for ourselves.
The first step in doing so is meeting lawmwkers. We need to educate the lawmakers of our problems. Till the time they dont understand, how can we expect any kind of relief from them.
The whole idea is to highlight our problem. If we dont highlight it, then noone is going to do anything for us.
There is no more spoon feeding. Now we need to rise for ourselves. Either its time to do something or the old choice of hiding inside the closet
Lets take a step forward in making everyone aware of our problems. Lets strengthen the state chapters. With a good base we can build up momentum and get more coverage for our issue.
Think about it.
Go IV Go. Together we can.
more...
CrazyWorld
08-04 05:42 PM
I don't have A# on my approved I-140.
My I-140 got approved in Jun 06.
May be they started adding A#'s after Jun 06 OR they include A#'s only for concurrent filers.
India EB2; PD - Nov 05
I-140 - Filed Mar '06; Approved Jun '06
I-485 - Reached NSC July 26'07;
My I-140 got approved in Jun 06.
May be they started adding A#'s after Jun 06 OR they include A#'s only for concurrent filers.
India EB2; PD - Nov 05
I-140 - Filed Mar '06; Approved Jun '06
I-485 - Reached NSC July 26'07;
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Beta_mle
02-19 09:04 PM
I am starting my 10th year on H1 Visa, and thus my company has renewed a few times already. On one of those instances, through ignorance I suppose, my H1 was renewed but my dependents were not. There was an assumption, which I now understand to be wrong, that my renewal would cover my dependents as well. Since after that we have renewed for all of us successfully.
One of the dependents, the wife, traveled out of the country and re entered with a H4 Stamp, which I understand cures her status. My son, however has never done this. We all have I-485's pending and I am worried about what that means for him. I am thinking of travelling out of the country, like Canada, to get our visas stamped and re - enter on the H status.
Question is: Is there any risk in that? If we go to, say Toronto to get the visa renewal, is there any chance that they would deny him? We have the 797 approvals for all of us. The last thing I want is to get stuck outside the country. I have reason to believe we have been pre adjudicated, if this means anything, and it is possible that if I do nothing it would all work out. However, I do not want to take chances with my kid's future.
Any one have any insight? Would going to Canada and returning on H4 cure his status? And are there any risks to this strategy? Thanks for the insight.
One of the dependents, the wife, traveled out of the country and re entered with a H4 Stamp, which I understand cures her status. My son, however has never done this. We all have I-485's pending and I am worried about what that means for him. I am thinking of travelling out of the country, like Canada, to get our visas stamped and re - enter on the H status.
Question is: Is there any risk in that? If we go to, say Toronto to get the visa renewal, is there any chance that they would deny him? We have the 797 approvals for all of us. The last thing I want is to get stuck outside the country. I have reason to believe we have been pre adjudicated, if this means anything, and it is possible that if I do nothing it would all work out. However, I do not want to take chances with my kid's future.
Any one have any insight? Would going to Canada and returning on H4 cure his status? And are there any risks to this strategy? Thanks for the insight.
more...
eeezzz
02-19 01:18 PM
I still don't see where this "spill from EB-1 ABC country to EB-2 ABC country" idea coming from.
We all know there's no fixed number of quota for any country in each EB category. There's only "up to" limit for each country. Although some countries may hit their limit early, but that doesn't mean that is reserved quota for that counrty. Since there's no reserved quota for any country, where is the "spill from EB-1 ABC country to EB-2 ABC country" idea coming from ?
"There is some possibility that India EB-2 could again become available if it appears that the demand for India EB-1 will not exceed the annual limit, but, that determination will not be able to be made until the second half of the fiscal year"
I think this means
1. If EB-3 RoW Current, unused quota goes to other countries which is not current, from EB-1 -> EB-2 -> EB-3, either randomly or again by country limit to use these extra quota.
or
2. If EB-3 Row not current. unused quota goes to other countries which is not current, from EB-1 -> EB-2 ->EB-3, either randomly or again by country limit to use these extra quota at 4th quarter in order to not waste any quota.
We all know there's no fixed number of quota for any country in each EB category. There's only "up to" limit for each country. Although some countries may hit their limit early, but that doesn't mean that is reserved quota for that counrty. Since there's no reserved quota for any country, where is the "spill from EB-1 ABC country to EB-2 ABC country" idea coming from ?
"There is some possibility that India EB-2 could again become available if it appears that the demand for India EB-1 will not exceed the annual limit, but, that determination will not be able to be made until the second half of the fiscal year"
I think this means
1. If EB-3 RoW Current, unused quota goes to other countries which is not current, from EB-1 -> EB-2 -> EB-3, either randomly or again by country limit to use these extra quota.
or
2. If EB-3 Row not current. unused quota goes to other countries which is not current, from EB-1 -> EB-2 ->EB-3, either randomly or again by country limit to use these extra quota at 4th quarter in order to not waste any quota.
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shishya
09-27 02:19 AM
AFAIK, your visa status will not affect day-trading. You just need to specify the gain/loss when you file taxes (like anyone).
That said, I believe you are aware of the requirement that you need to have a minimum of $25K in your account to do day-trading. And also the risks involved in it.
My 2c as some one who tried it, play only with money you can afford to loose (as you WILL most of the time) and get out if you have to, without emotional attachment.
Have fun and BE SAFE!!!
Thanks for the honest and to-the-point answer Yagw. Yes, I am aware of the risks involved and therefore never EVER exceed the threshold I set for myself. I am not new to stock market having been in it for the past four years -- not that that makes me ANY safer than a newbie though.
Appreciate your advise of caution, will definitely keep that in mind.
Thanks!
That said, I believe you are aware of the requirement that you need to have a minimum of $25K in your account to do day-trading. And also the risks involved in it.
My 2c as some one who tried it, play only with money you can afford to loose (as you WILL most of the time) and get out if you have to, without emotional attachment.
Have fun and BE SAFE!!!
Thanks for the honest and to-the-point answer Yagw. Yes, I am aware of the risks involved and therefore never EVER exceed the threshold I set for myself. I am not new to stock market having been in it for the past four years -- not that that makes me ANY safer than a newbie though.
Appreciate your advise of caution, will definitely keep that in mind.
Thanks!
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h1bemployee
02-26 10:43 AM
When was your H1-B amendment denied?
What is your current LCA salary vs. original LCA Salary?
Original LCA salary is like 58k and current one is 40k
What is your current LCA salary vs. original LCA Salary?
Original LCA salary is like 58k and current one is 40k
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americandesi
07-05 04:38 PM
If you leave US for 2 or 3 years and get back through a new employer, does your I140 priority date still holds good. A friend of mine got his I140 approved, left to canada and got his citizenship. He intends to move back and want to know if he can still use his priority date. Thanks.
I think you meant, I-485 in the first line. Once I-140 is Approved, its valid forever and you can apply for I-485 anytime as long as the PD holds good.
Since he's a canadian citizen he has 3 options to enter US viz. H1, L1 , TN. I would suggest that he enter US with H1 or L1 rather than TN, as the former has immigrant intent while the later doesn't. Applying for I-485 with TN VISA might result in rejection.
I think you meant, I-485 in the first line. Once I-140 is Approved, its valid forever and you can apply for I-485 anytime as long as the PD holds good.
Since he's a canadian citizen he has 3 options to enter US viz. H1, L1 , TN. I would suggest that he enter US with H1 or L1 rather than TN, as the former has immigrant intent while the later doesn't. Applying for I-485 with TN VISA might result in rejection.
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jthomas
06-11 01:26 PM
people say I support it as if they are in the congress committee and the moment they say "I support it", the idea become a bill and gets passed.
Writing letters, requesting the lawmakers for a 10 year EAD due to the retrogression would be a easy task for most of the IV members. This would create awareness and those who are afraid of meeting lawmakers would find a chance to do so. Once it create a momentum the group would be active to work on bigger issues.
Great, if this bill gets passed it gives confidence we can do something. our voice shows strength and then more members would contribute, work on more action items etc..
thats my thought. We have to constantly work on action plans under a good management leader.
J thomas
Writing letters, requesting the lawmakers for a 10 year EAD due to the retrogression would be a easy task for most of the IV members. This would create awareness and those who are afraid of meeting lawmakers would find a chance to do so. Once it create a momentum the group would be active to work on bigger issues.
Great, if this bill gets passed it gives confidence we can do something. our voice shows strength and then more members would contribute, work on more action items etc..
thats my thought. We have to constantly work on action plans under a good management leader.
J thomas
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wildcat1313
03-28 12:43 PM
Can anyone please respond? What should I do?
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sangeethak31
07-13 11:44 PM
Cool..Thanks for all the responses.
I was just preparing for the wrost case scenario. So thought to get the experience letter of my prior H1B. But right now, I am unable to get hold of any superivisor or co-worker. So is there any other option to get the experience letter.
Thanks,
Sangeetha K
I was just preparing for the wrost case scenario. So thought to get the experience letter of my prior H1B. But right now, I am unable to get hold of any superivisor or co-worker. So is there any other option to get the experience letter.
Thanks,
Sangeetha K
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gc_aspirant_prasad
12-07 08:42 PM
Most Project managers who get their GC in EB1 category are here on L1 A visa.
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pcs
04-15 01:36 PM
Tonne of jobs in IT sector. Apply through www.naukri.com.
Indian immigration system will not discriminate
All the best
Indian immigration system will not discriminate
All the best
HV000
08-11 09:21 AM
The Administration Will Reform And Expedite Background Checks For Immigration. Current mechanisms for conducting immigration background checks are backed up, slowing processing times and endangering national security (finally!). The Administration is investing substantial new funds to address the backlog, and the FBI and USCIS are working together on a variety of projects designed to streamline existing processes so as to reduce waiting times without sacrificing security.
Full press release:
http://www.whitehouse.gov/news/releases/2007/08/20070810.html
They have not given a timeline for this reform. Hopefully they will a timeline for processing the cases.
Full press release:
http://www.whitehouse.gov/news/releases/2007/08/20070810.html
They have not given a timeline for this reform. Hopefully they will a timeline for processing the cases.
IndiaNJ
08-20 12:11 PM
My 485 got approved on 8/8/8 , where as wife's case is still pending , my wife called the 1.800 number , they told it has been assigned to the officer , and he has to make a decision.
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