gc_chahiye
10-31 03:22 AM
WTF are you talking about, man??? It was said hundreds times: once one use EAD, h(is|er) H(1|4) is GONE!!! Per my lawyer, if you filed H1 extension before expiration, you are ok, in this case ext. filing date make sense.
H1 status does end when you use the EAD, but that does not mean that you can never ever go back to H1. By getting a new petition, or your extension approved, and possibly having to re-enter the US, you can reactivate the H1 anytime. Its not all a one-way street.
See http://www.murthy.com/chatlogs/chat0106_P.html
Chat User : While in AOS, after using EAD and 6 years of H1B is expired, can the person change from EAD to H1B (1 year extension) if person's EAD extension is taking time?
Attorney Murthy : Although there is no specific mention in the INS law or regulations on this specific issue, the INS has alluded that a person should be able to file an H1B 1-year extension, even from outside the U.S. or within the U.S. Worst case scenario is that the person may have to travel abroad and reenter on the H1B status by applying for the H1B visa abroad, but we believe even that should not be necessary as long as the person always maintained valid legal status until filing the AOS and thereafter.
H1 status does end when you use the EAD, but that does not mean that you can never ever go back to H1. By getting a new petition, or your extension approved, and possibly having to re-enter the US, you can reactivate the H1 anytime. Its not all a one-way street.
See http://www.murthy.com/chatlogs/chat0106_P.html
Chat User : While in AOS, after using EAD and 6 years of H1B is expired, can the person change from EAD to H1B (1 year extension) if person's EAD extension is taking time?
Attorney Murthy : Although there is no specific mention in the INS law or regulations on this specific issue, the INS has alluded that a person should be able to file an H1B 1-year extension, even from outside the U.S. or within the U.S. Worst case scenario is that the person may have to travel abroad and reenter on the H1B status by applying for the H1B visa abroad, but we believe even that should not be necessary as long as the person always maintained valid legal status until filing the AOS and thereafter.
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krishna_brc
05-30 07:11 AM
Hi gurus, Please advise
I have an approved I-140 and july 485 filer, also have valid h1 till 2010.
I work for company X and have an offer from company Y.
What are my best options now
1. Transfer H1 to Y - if yes what impact would this have on my GC processing?
should the new H1-B Job code match with my Labor Certification?
2. Use EAD - the complication here is my desi employer filed my labor
as an IT Manager which i am not and i am not sure the new employer would
give me the matching offer letter.
Thanks,
Krishna:confused:
I have an approved I-140 and july 485 filer, also have valid h1 till 2010.
I work for company X and have an offer from company Y.
What are my best options now
1. Transfer H1 to Y - if yes what impact would this have on my GC processing?
should the new H1-B Job code match with my Labor Certification?
2. Use EAD - the complication here is my desi employer filed my labor
as an IT Manager which i am not and i am not sure the new employer would
give me the matching offer letter.
Thanks,
Krishna:confused:
immi_seeker
07-12 08:37 PM
^^^^^^^^^
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trs80
01-10 03:56 PM
Without a MS will be difficult to qualify for a EB2 position without a BS is imposible!
You have be waiting too much for your EB3 approval, I read that Chicago is working faster than Atlanta. Any update?
My company submited my PERM application for a EB2 position on december and I still waiting.
I copy your signature:)
Buena Suerte!
EB2, From: Dominican Republic. Residence: Puerto Rico
LC PERM - Atlanta PD: 12/2007: "In Process"
You have be waiting too much for your EB3 approval, I read that Chicago is working faster than Atlanta. Any update?
My company submited my PERM application for a EB2 position on december and I still waiting.
I copy your signature:)
Buena Suerte!
EB2, From: Dominican Republic. Residence: Puerto Rico
LC PERM - Atlanta PD: 12/2007: "In Process"
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kpchal2
03-03 11:55 AM
chanduv
thanks for the encouraging reply. it seems like some people are getting denials without any NOIDs and are going out of status due to that. my previous company is not going to revoke my I-140 so that is not a problem. however i am concerned about any other stupid reasons that these people might put in a denial and make us go through the suffering process. do you know of any such situations or do you think that the USCIS is completely aware of this AC21 clauses and that they do not simply deny the cases. I know i am asking a completely insane question but just wanted to try any ways.
thanks a lot in advance.
thanks for the encouraging reply. it seems like some people are getting denials without any NOIDs and are going out of status due to that. my previous company is not going to revoke my I-140 so that is not a problem. however i am concerned about any other stupid reasons that these people might put in a denial and make us go through the suffering process. do you know of any such situations or do you think that the USCIS is completely aware of this AC21 clauses and that they do not simply deny the cases. I know i am asking a completely insane question but just wanted to try any ways.
thanks a lot in advance.
perm2gc
12-01 06:23 PM
this info is incorrect. from a murthy chat transcript...... available at :
http://www.murthy.com/chatlogs/ch102306_P.html
Chat User : I have used 6 years of my H1B and have got extension for 3 more years. Can I change employers based on a 7th-year approval? Is it legal to do so? Thank you very much for advice.
Attorney Murthy : After one has an I-140 petition approved in her/his name, s/he is allowed to file for a new 3-year H1B extension with a new or different employer based on the I-140 petition approval with another employer. Then, during the 3-year H1B timeframe, the person could potentially start a new PERM/LC process with the new employer and, thereafter, rely on the new filing for future H1B extensions, in case the earlier employer cancels or revokes the earlier LC or I-140 petition.
hmm..its a news for me.thks for correcting me.
http://www.murthy.com/chatlogs/ch102306_P.html
Chat User : I have used 6 years of my H1B and have got extension for 3 more years. Can I change employers based on a 7th-year approval? Is it legal to do so? Thank you very much for advice.
Attorney Murthy : After one has an I-140 petition approved in her/his name, s/he is allowed to file for a new 3-year H1B extension with a new or different employer based on the I-140 petition approval with another employer. Then, during the 3-year H1B timeframe, the person could potentially start a new PERM/LC process with the new employer and, thereafter, rely on the new filing for future H1B extensions, in case the earlier employer cancels or revokes the earlier LC or I-140 petition.
hmm..its a news for me.thks for correcting me.
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mhathi
03-19 12:57 PM
PD is checked both at the time of filing and approval of 485. Once filed, the 485s are processed based on RD. If at the time of adjudication the PD is not current, the file is kept in the "pre-adjudicated" pile until the PD becomes current again for that particular application.
This is my understanding.
This is my understanding.
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Soul
05-27 05:27 PM
:P
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desi3933
09-05 05:53 PM
Thanks, nice reply.
Question: I am on EAD and inovked AC21 and working with new employer. I am planning to register a company confused which one to go with LLC or C Corp., by the way I live in California, San Jose. I heard that if you register a LLC in California every year you have to around $800 tax fee, weather you do a business or not, is it true?
If I go with C-Corp, shall I liable to $800 as well, any ideas??
What is the deference between LLC and C-Corp? I know every state has deferent laws but I would appreciate if someone can answer my questions from California state.
Thanks in advance.
The minimum California franchise tax is the amount a California corp must pay the first quarter of each tax year whether it is active, operates at a loss or does not do business. The current minimum tax is $800.
The $800 tax payment is not due during the corporation's FIRST tax year. The first $800 minimum tax is due on the 15th day of the 4th month of the corporation's SECOND tax year.
Please note that LLCs are liable for the minimum franchise tax in all years (no two year exemption for LLCs).
Please check details with California Franchise Tax Board. The web site is http://www.ftb.ca.gov
*** Disclaimer - This is general info and use it at your own risk *****
____________________________________
Proud Indian American and Legal Immigrant
Question: I am on EAD and inovked AC21 and working with new employer. I am planning to register a company confused which one to go with LLC or C Corp., by the way I live in California, San Jose. I heard that if you register a LLC in California every year you have to around $800 tax fee, weather you do a business or not, is it true?
If I go with C-Corp, shall I liable to $800 as well, any ideas??
What is the deference between LLC and C-Corp? I know every state has deferent laws but I would appreciate if someone can answer my questions from California state.
Thanks in advance.
The minimum California franchise tax is the amount a California corp must pay the first quarter of each tax year whether it is active, operates at a loss or does not do business. The current minimum tax is $800.
The $800 tax payment is not due during the corporation's FIRST tax year. The first $800 minimum tax is due on the 15th day of the 4th month of the corporation's SECOND tax year.
Please note that LLCs are liable for the minimum franchise tax in all years (no two year exemption for LLCs).
Please check details with California Franchise Tax Board. The web site is http://www.ftb.ca.gov
*** Disclaimer - This is general info and use it at your own risk *****
____________________________________
Proud Indian American and Legal Immigrant
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simple1
06-12 10:26 AM
fake post from loser's guild.
Hi,
While in the process of filing for labor certification my company has found 2 suitable citizens who are eligible for the job.
Now what are my options going forward and how does this affect my chances of a successful PERM filing ??
I'm filing in EB3 category right now. Also I need to file for labor before oct since my H1 will expire its original 6 year length next Oct (Oct 2010).
Hi,
While in the process of filing for labor certification my company has found 2 suitable citizens who are eligible for the job.
Now what are my options going forward and how does this affect my chances of a successful PERM filing ??
I'm filing in EB3 category right now. Also I need to file for labor before oct since my H1 will expire its original 6 year length next Oct (Oct 2010).
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viva
01-31 11:13 PM
he is extremely knowledgable person in terms of immigration, he has 5000+ posts on immigration forums and has helped countless people with immigration issues. His name seems to be Nadeem and is a Canadian immigrant and is a CPA and his EB3 petition is in retrogression.
In recent times he started stereotyping immigrants and make every immigrant feel that they are breaking laws in some way or the other and became unpopular.
He was not in support of IV and was under a strong feeling that a bunch of immigrants are wasting precious time and money. But now he seems to change his stance and has stepped into IV and has become a member. He is very helpful in terms of his skills and willingness to share his knowledge and help people.
He does audit to a lot of h1b dependent employers and has direct influence and can strongly recommend them to contribute for this cause. Most of his analysis about patterns of visa distribution comee out as expected but in recent times there were instances where his analysis went wrong too.
Overall he is definitely of great help if he wishes to dedicate some time of his to this cause and help in all ways possible.
if he was a cfo or is a cfo, as he claims on previous posts, why is he filinf under eb-3? why can't he file under eb-2 or eb-1? isn't eb-1 for multinational executives?
most cfos would be toiling inside their companies, rather than spending time on forums. may be, he is just getting to act out his dream of being a cfo on the forums. may be, he thinks he can get away with claiming to be anything. after all, who is going to check? i could say i am the ceo of citibank or intel or microsoft. who is going to check on that? i can post a link to the sec website where my name will be shown as steve balmer.
people can claim to be a lot of things in this world..just don't believe everything they say without proof....
if i said that i am a talking elephant, would you believe me? probably, no. so, why would u believe that united nations is what he says he is?
In recent times he started stereotyping immigrants and make every immigrant feel that they are breaking laws in some way or the other and became unpopular.
He was not in support of IV and was under a strong feeling that a bunch of immigrants are wasting precious time and money. But now he seems to change his stance and has stepped into IV and has become a member. He is very helpful in terms of his skills and willingness to share his knowledge and help people.
He does audit to a lot of h1b dependent employers and has direct influence and can strongly recommend them to contribute for this cause. Most of his analysis about patterns of visa distribution comee out as expected but in recent times there were instances where his analysis went wrong too.
Overall he is definitely of great help if he wishes to dedicate some time of his to this cause and help in all ways possible.
if he was a cfo or is a cfo, as he claims on previous posts, why is he filinf under eb-3? why can't he file under eb-2 or eb-1? isn't eb-1 for multinational executives?
most cfos would be toiling inside their companies, rather than spending time on forums. may be, he is just getting to act out his dream of being a cfo on the forums. may be, he thinks he can get away with claiming to be anything. after all, who is going to check? i could say i am the ceo of citibank or intel or microsoft. who is going to check on that? i can post a link to the sec website where my name will be shown as steve balmer.
people can claim to be a lot of things in this world..just don't believe everything they say without proof....
if i said that i am a talking elephant, would you believe me? probably, no. so, why would u believe that united nations is what he says he is?
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GotFreedom?
07-22 05:38 PM
Hi guys,
I bet this question must have been asked before but I couldn't find the relevant thread so I'm asking again. Apologies if its a repeat.
I am maintaining my H1-B while my AOS is pending. Last year my wife went to India while she had valid H4 (not stamped in passport) and AP documents. She did not get her visa stamped and reentered the country using the AP with no issues. He I-94 said Parolled till Some date, March 2009. I totally forgot about it and never renewed her AP or mine. Does it pose any kind of threat to her legal status in the US and AOS?
I am still working on H1 and she is a parolee.
Thanks in advance fopr the responses.
I bet this question must have been asked before but I couldn't find the relevant thread so I'm asking again. Apologies if its a repeat.
I am maintaining my H1-B while my AOS is pending. Last year my wife went to India while she had valid H4 (not stamped in passport) and AP documents. She did not get her visa stamped and reentered the country using the AP with no issues. He I-94 said Parolled till Some date, March 2009. I totally forgot about it and never renewed her AP or mine. Does it pose any kind of threat to her legal status in the US and AOS?
I am still working on H1 and she is a parolee.
Thanks in advance fopr the responses.
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invincibleasian
02-20 06:34 PM
I used the data from this webite to apply for FOIA for I-140
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eb3retro
05-29 10:30 PM
I have an emergency to go to India to take care of my sickly mom and I need to return back to work on July first. I am also trying to get emergency appointment. I couldnt. Could you please suggest the way I can get emergency appointment in any of the consulate.
sent u a pm pls respond. thanks
sent u a pm pls respond. thanks
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Suva
04-17 02:43 PM
hey dude there's nothing in the url u posted once go to the website and click the the pressure list url.that is the actual Noc codes that are active.Today morning when i spoke to the immigraton officer in alberta he was the one who told me ok.
It was mentioned last month in the AINP website that some changes would be there in the NOC list after April 15. Everybody whoever followed this thread saw the message earlier. On April 15 they removed the message from AINP website and apparantly there was no change in NOC list till now. OP gave us correct information when he/she created this thread. See my post in April 15 in this thread and I mentioned that nothing was changed in NOC list. Again going back to my original question did you follow this thread from start? I objected to this comment "I donno why people place messages with Half Knowledge". Apparantly you had the half knowlodge about this whole issue.
It was mentioned last month in the AINP website that some changes would be there in the NOC list after April 15. Everybody whoever followed this thread saw the message earlier. On April 15 they removed the message from AINP website and apparantly there was no change in NOC list till now. OP gave us correct information when he/she created this thread. See my post in April 15 in this thread and I mentioned that nothing was changed in NOC list. Again going back to my original question did you follow this thread from start? I objected to this comment "I donno why people place messages with Half Knowledge". Apparantly you had the half knowlodge about this whole issue.
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hope2007
04-18 11:32 PM
I spoke to company attorney they said as long as job description is same and it is commutable distance then you can change job location. There will not be any problem and you do not have to come back to original work location.
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simple1
10-06 03:57 PM
smuggymba, every one knows you are an anti immigrant. dont waste time here with fake posts.
Why should I make the fact gaps public and train anti immigrants like you ?
simple1 - whenever I see ur reply, it's regarding a toll alert. Same with ronhira guy. All you 2 two do is issue toll alert whenever someone asks a question.
H1-B audits are a reality and he is asking about a visit that he got because clearly no one expects it. What's the problem? What fact gaps did ur james bond brain find?
Why should I make the fact gaps public and train anti immigrants like you ?
simple1 - whenever I see ur reply, it's regarding a toll alert. Same with ronhira guy. All you 2 two do is issue toll alert whenever someone asks a question.
H1-B audits are a reality and he is asking about a visit that he got because clearly no one expects it. What's the problem? What fact gaps did ur james bond brain find?
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punjabi77
08-06 12:12 PM
In my particular case, when i signed the contract, the employer agreed to pay for my GC process. But as usual, My employer also did not follow the contract and when my labor was approved, he asked me to pay for the Labor and take care of GC application fees hence forth. I was kind of surprised and did argue with my employer. But Employer gave me an option to leave his company and move to a diff company if needed. But since the labor was approved and the current project was going fine, i thought of sticking with the company and agreed on paying the GC fees.
I dont know if we can really go and harass our employer to re-imburse the GC expenses as they know what they are doing and what are the consequences if they go back on their words..I think they know pretty well about all the loopholes in this immigration process.
I dont know if we can really go and harass our employer to re-imburse the GC expenses as they know what they are doing and what are the consequences if they go back on their words..I think they know pretty well about all the loopholes in this immigration process.
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gc_chahiye
07-20 06:18 PM
My PD is Nov 2004, I got 140 approved. Im not filing 485 now as im unmarried.
Any ideas when can be the date current again(for my PD atleast)?
EB2 or EB3? If EB2 then based on data someone posted here earlier, there is a good chance of you becoming current in the next 12-18 months.
Any ideas when can be the date current again(for my PD atleast)?
EB2 or EB3? If EB2 then based on data someone posted here earlier, there is a good chance of you becoming current in the next 12-18 months.
kpchal2
03-03 12:26 PM
hi chanduv
i am not worried about RFE or NOID. I am very much concerned about direct denial and then having to go through MTR and all the stress associated with that. Can you shed some light on the scenarios that miught cause denial other than plain old stupidity of the USCIS.
thanks
i am not worried about RFE or NOID. I am very much concerned about direct denial and then having to go through MTR and all the stress associated with that. Can you shed some light on the scenarios that miught cause denial other than plain old stupidity of the USCIS.
thanks
fromnaija
02-25 07:18 PM
can anybody help me here?
Are you for real? USCIS has nothing to do with LCA amendment. That should be DOL (Department of Labor).
Are you for real? USCIS has nothing to do with LCA amendment. That should be DOL (Department of Labor).
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