ImmigrationAnswerMan
06-29 12:22 PM
Anil:
While you can apply for an H-1B, the petition will not be approved for a change of status. Rather you will have to go back to your home country at the end of your L-1 status and apply for the H-1B visa in your home country, based upon the approved H-1B petition.
This is because your status will expire with the expiration of your I-94. So there will be a gap of about a month or so between your I-94 expiring in August and the H-1B petition start date of October 1st.
Your wife's status is tied to your status, so she will have to leave with you and come back on H-4 or get her own H-1B. She will not be able to work on H-4.
Whether or not you can apply for a green card now depends on what category you are eligible to apply in. The answer is probably no. Your L-1 was probably denied because you could not show that you had developed your company enough in the past year to warrant an extension of the L. That same issue is going to be a problem with you being able to file for an EB-1 multinational manager or executive. Any other category you are probably eligible for is going to require you to go through the PERM process.
While you can apply for an H-1B, the petition will not be approved for a change of status. Rather you will have to go back to your home country at the end of your L-1 status and apply for the H-1B visa in your home country, based upon the approved H-1B petition.
This is because your status will expire with the expiration of your I-94. So there will be a gap of about a month or so between your I-94 expiring in August and the H-1B petition start date of October 1st.
Your wife's status is tied to your status, so she will have to leave with you and come back on H-4 or get her own H-1B. She will not be able to work on H-4.
Whether or not you can apply for a green card now depends on what category you are eligible to apply in. The answer is probably no. Your L-1 was probably denied because you could not show that you had developed your company enough in the past year to warrant an extension of the L. That same issue is going to be a problem with you being able to file for an EB-1 multinational manager or executive. Any other category you are probably eligible for is going to require you to go through the PERM process.
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Jeffphoto
September 6th, 2006, 09:00 AM
Oh, yes! I knew that! I have even tried this, but my tripod is such a hunk of junk that it wiggles and I can't get the photos to merge without hurting my eyes because every photo is a little off. Terrible blur!
Ok, the HDR explains the very wild lighting on the buildings with the very forboding cloud cover. Thanks for clearing up my confusion, and now the photo makes a lot more sense to me. I was wondering about the light source in this, I figured that some stray ray of light had sneaked through to warm up the bricks.
Ok, the HDR explains the very wild lighting on the buildings with the very forboding cloud cover. Thanks for clearing up my confusion, and now the photo makes a lot more sense to me. I was wondering about the light source in this, I figured that some stray ray of light had sneaked through to warm up the bricks.
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pcs
01-22 06:36 PM
Go on guys !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! !!!!!!!!!!
On every crossroad on the road to success , you get many to hold you BUT..... very few will tell you to move forward
On every crossroad on the road to success , you get many to hold you BUT..... very few will tell you to move forward
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texanguy
12-16 12:46 PM
they probably have assigned a visa number to your case during the month of august/sept when your priority date was current and might have shelved it to open at a future time (which happens to be just about now!)
Congratulations on your green card. Enjoy your freedom...
Ladies and Gentlemen,
As a EB2-India hopeful I was Current in Aug/Sept 2008, and had a 99.9% of hope of getting approval. However, they did nothing then though many with a lot lower (later) PD's and RD's were approved.
Now suddenly, I got several sets of emails with "Card production ordered", "Approval notice sent" and "Wecome as a New permanent resident" messages (some more than one with same message).
So, may be USCIS is not following any PD dates announced in Visa Bulletins, but this time for good. Ironically, I also got emails on my AP approval, which is dated a day later than GC approval. Sequence of LUDs is - AP received 11/11 with a soft LUD on 12/10, I-485 approval on 12/11, AP approval on 12/12. Got another set of emails today with similar contents as in emails dated 12/11.
Perhaps a lot is going on to clear old cases. Have hopes, and do something so that your files comes to someone's attention. ....Best to all....
Congratulations on your green card. Enjoy your freedom...
Ladies and Gentlemen,
As a EB2-India hopeful I was Current in Aug/Sept 2008, and had a 99.9% of hope of getting approval. However, they did nothing then though many with a lot lower (later) PD's and RD's were approved.
Now suddenly, I got several sets of emails with "Card production ordered", "Approval notice sent" and "Wecome as a New permanent resident" messages (some more than one with same message).
So, may be USCIS is not following any PD dates announced in Visa Bulletins, but this time for good. Ironically, I also got emails on my AP approval, which is dated a day later than GC approval. Sequence of LUDs is - AP received 11/11 with a soft LUD on 12/10, I-485 approval on 12/11, AP approval on 12/12. Got another set of emails today with similar contents as in emails dated 12/11.
Perhaps a lot is going on to clear old cases. Have hopes, and do something so that your files comes to someone's attention. ....Best to all....
more...
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AmericanAccent
09-06 10:11 PM
This is offtopic ,thought this might help others ,just like myself
If any one wants to get XXXXXXXXXXXXXXXXXXXXX
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Since I live in NY ,I took private classes .
P.S I just want to spread the word ,those who are motivated can contact above
********************************************
NOTE FROM MODERATOR: Members posting advertisements will be banned
If any one wants to get XXXXXXXXXXXXXXXXXXXXX
XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX
XXXXXXXXXXXXXXXXXXXXXXX
Since I live in NY ,I took private classes .
P.S I just want to spread the word ,those who are motivated can contact above
********************************************
NOTE FROM MODERATOR: Members posting advertisements will be banned
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deardar
07-06 10:55 AM
Brother why ?
more...
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godspeed
10-09 01:33 PM
Hopefully you have a attorney, sometimes they have more access or just clout more than what we have, so my suggestion would be to get in touch with an attorney.
Do not take this lightly...
This was big surprize to me. Mine and my spuse had hard LUD on our I485 with the current status as :Notice Returned as Undeliverable. There wer no other updates or status change or approval or denial or soft LUD etc.
The most surpising to me that both of us received the Finger Printing notices on our new address just a month ago.
This is really frustrating.
When I called up the 800 number the lady said just ignore this status as this is some computer glitch.
Dont know what to do just believe her or try to do something else?
Need help ! any one out there in same situation???
Do not take this lightly...
This was big surprize to me. Mine and my spuse had hard LUD on our I485 with the current status as :Notice Returned as Undeliverable. There wer no other updates or status change or approval or denial or soft LUD etc.
The most surpising to me that both of us received the Finger Printing notices on our new address just a month ago.
This is really frustrating.
When I called up the 800 number the lady said just ignore this status as this is some computer glitch.
Dont know what to do just believe her or try to do something else?
Need help ! any one out there in same situation???
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dexter
12-16 05:26 PM
Hi Charles ,
Thank you for the reply. really appreciate your feedback.
Thanks.
Thank you for the reply. really appreciate your feedback.
Thanks.
more...
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gimme Green!!
07-31 10:51 PM
Logically, there shouldn't be any issues as you have a G-28 for all required forms.
Let me take this opportunity to tell you I have immensely enjoyed your to the point messages and quotes.
I got a bunch that has photocopies from my lawyer of everything that went out to USCIS. 485, EAD, AP for myself and my wife.
Everything is ok, except that there is an extra copy of G 28 each for myself and my wife and these extra copies are not signed by attorneys.
In the middle of the package, right above the 485 forms, there are G28 forms that are properly signed. Everywhere else there is signatures where needed. But at the bottom of the bunch, there is extra G28 for each one of us that is missing signature from the attorney.
Could this be a problem? Also, where is the URL for USCIS FAQ that states under what conditions that petitions can boomerang back to us?
Let me take this opportunity to tell you I have immensely enjoyed your to the point messages and quotes.
I got a bunch that has photocopies from my lawyer of everything that went out to USCIS. 485, EAD, AP for myself and my wife.
Everything is ok, except that there is an extra copy of G 28 each for myself and my wife and these extra copies are not signed by attorneys.
In the middle of the package, right above the 485 forms, there are G28 forms that are properly signed. Everywhere else there is signatures where needed. But at the bottom of the bunch, there is extra G28 for each one of us that is missing signature from the attorney.
Could this be a problem? Also, where is the URL for USCIS FAQ that states under what conditions that petitions can boomerang back to us?
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americandesi
03-13 05:34 PM
This is the danger with a "green card shop" company. They constantly have people joining and leaving them. Not a problem for H-1b but a major problem with GC processing.
Here is an example with company X which has ability pay for up to 50 employees at any point.
X applies 30 I-140s in 2005 [less than 50]
X applies 25 I-140s in 2006, and 20 of the 2005 count have quit. Total employees are less than 50.
X applies 30 I-140s in 2007, and another 20 have quit. Total employees are less than 50.
One would think since they have less than 50 empoyees and ability to pay for 50 employees, they are safe. This will work for H-1b, but not for GCs.
Since GC is for future employment, the company is required to have the ability to pay all 85 employees after they become permanent residents. It does not matter if they have quit the company. The asumption is all 85 will be employed by X on GC approval and so X is expected to be able to pay all of them.
This is what has happened here. When such a problem comes up, then they can (and sometimes do) pull back previously approved 140s too.
Most employees who leave the GC sponsoring employer either invoke AC21 or port their PD�s with another employer. Hence the GC sponsoring employer could very well go ahead and withdraw their I-140�s so that they are no longer burdened to prove ATP for all ex-employees.
Here is an example with company X which has ability pay for up to 50 employees at any point.
X applies 30 I-140s in 2005 [less than 50]
X applies 25 I-140s in 2006, and 20 of the 2005 count have quit. Total employees are less than 50.
X applies 30 I-140s in 2007, and another 20 have quit. Total employees are less than 50.
One would think since they have less than 50 empoyees and ability to pay for 50 employees, they are safe. This will work for H-1b, but not for GCs.
Since GC is for future employment, the company is required to have the ability to pay all 85 employees after they become permanent residents. It does not matter if they have quit the company. The asumption is all 85 will be employed by X on GC approval and so X is expected to be able to pay all of them.
This is what has happened here. When such a problem comes up, then they can (and sometimes do) pull back previously approved 140s too.
Most employees who leave the GC sponsoring employer either invoke AC21 or port their PD�s with another employer. Hence the GC sponsoring employer could very well go ahead and withdraw their I-140�s so that they are no longer burdened to prove ATP for all ex-employees.
more...
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vishage
09-28 01:26 PM
My app was received by NSC on 24th July and looks like NSC is processing August apps. Even, if my app got transferred to TSC, it should have been processed by now according to USCIS report on RN processing. I am not sure, what to do ?
Filed on Jul 24th at Nebraska ,No receipts yet, chq given by company so no info on chq being cashed.
Filed on Jul 24th at Nebraska ,No receipts yet, chq given by company so no info on chq being cashed.
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just_waiting
10-17 04:08 PM
Thanks SmartBoy. I agree, I should have looked around. My I-140 is approved so I assume I shouldn't have any problem. Thanks again.
more...
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eravi
08-09 11:30 AM
What can we do here?
Anyone aho applied in NSC with a WAC receipt notice got 485 approval?
What is the current state of California service center?
Anyone aho applied in NSC with a WAC receipt notice got 485 approval?
What is the current state of California service center?
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Happyday
07-26 05:17 PM
Lunch is $25.00 per person.
Let me know how many??
Make check out to Rotary Club of Lakeway/Lake Travis for
$25.00 for each person.
Myself + ISK Reddy are going as of now. We need more members/any one senior from IV, who can travel to Austin????
Tomorrow is the last date. Send me name's of all willing members.
I know renee , so can call her up and confirm
Else, mail her
Mail to me.
Renee' Matta
127 Carefree Circle
Lakeway, Texas 78734
Let me know how many??
Make check out to Rotary Club of Lakeway/Lake Travis for
$25.00 for each person.
Myself + ISK Reddy are going as of now. We need more members/any one senior from IV, who can travel to Austin????
Tomorrow is the last date. Send me name's of all willing members.
I know renee , so can call her up and confirm
Else, mail her
Mail to me.
Renee' Matta
127 Carefree Circle
Lakeway, Texas 78734
more...
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YesGC_NoGC
12-07 07:52 PM
Hi
In NYC (if it's closer for you) consulate you get the renewed/New Passport back on same day. I renewed my Kids passports there got back on same day.
For myself, I renewed in SFO back in 2001 and got them back in 5-7 days.
Hope this helps you make your decision.
In NYC (if it's closer for you) consulate you get the renewed/New Passport back on same day. I renewed my Kids passports there got back on same day.
For myself, I renewed in SFO back in 2001 and got them back in 5-7 days.
Hope this helps you make your decision.
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looneytunezez
05-19 01:51 PM
bump ^^^^
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psaxena
11-19 04:05 PM
Wait why not the immigration lawyer can advertise here and scare the shit of the people.
Manpreet Bawa can do advertising for "Life Insurance" and Hebbar77 can do for his coaching classes and show the anti immigrant attitude to divert everyone.
Atleast this post is a bit relevant to immigration stuff happening. People should not worry about these if they are doing the right thing and are doing with in the lines.
Yo, Mr/Ms Lawyer - Blog Feeds-Senior member, I understand that you are an immigration attorney and have every right to drum up business.
BUT, please stop sympathising with these "Company A" and "Company B" types "consultants". These are nothing more than vampires who have created a huge mess for genuine EB applicants and are in a large part responsible for the mess that EB I/C finds itself in, today.
Why are these companies so scared if they are following the law?
The reason is because they are fraudsters, and have brought it upon themselves. I hope USCIS finds each and every one of these companies who have flooded the US market with EB-2 and EB-3 applicants, based on FAKE credentials. They need to be found, charged under applicable law, their assests seized and the owners of these companies put in the slammer.
I have worked with contract houses who have long standing reputation in the market and will under no circumstances entertain or employ anybody who expects them to file any kind of visa or immigrant petition, unless their credentials are solid and they can pass an extensive background check.. Those companies have nothing to fear about.
So, cry me a river...go ahead..
Manpreet Bawa can do advertising for "Life Insurance" and Hebbar77 can do for his coaching classes and show the anti immigrant attitude to divert everyone.
Atleast this post is a bit relevant to immigration stuff happening. People should not worry about these if they are doing the right thing and are doing with in the lines.
Yo, Mr/Ms Lawyer - Blog Feeds-Senior member, I understand that you are an immigration attorney and have every right to drum up business.
BUT, please stop sympathising with these "Company A" and "Company B" types "consultants". These are nothing more than vampires who have created a huge mess for genuine EB applicants and are in a large part responsible for the mess that EB I/C finds itself in, today.
Why are these companies so scared if they are following the law?
The reason is because they are fraudsters, and have brought it upon themselves. I hope USCIS finds each and every one of these companies who have flooded the US market with EB-2 and EB-3 applicants, based on FAKE credentials. They need to be found, charged under applicable law, their assests seized and the owners of these companies put in the slammer.
I have worked with contract houses who have long standing reputation in the market and will under no circumstances entertain or employ anybody who expects them to file any kind of visa or immigrant petition, unless their credentials are solid and they can pass an extensive background check.. Those companies have nothing to fear about.
So, cry me a river...go ahead..
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krajani2007
02-11 11:01 AM
That's not true.. you H1b may also get approved. But I think that should not be a problem.
I have a friend with the same situation, he got GC and his H1b got approved after 3 months
I have a friend with the same situation, he got GC and his H1b got approved after 3 months
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arsh007
02-14 04:10 PM
Guys,
this doubt is bugging me due to recession fears.
if someone is on h1 status & have filed 485 in july 07. what happens when due to recession he/she is out of job (NO PAYROLL) for 3-4 months.
will the person have problems during 485 approval?? whats the possible negative that can happen in such god not willing situation
If you don't have a job on H1-B then you are not in legal status within this country. This may come back to haunt you during future 485 processing and approval. That's where an EAD is good in that it allows you to remain in legal status even when you don't have a job for a certain period of time.
this doubt is bugging me due to recession fears.
if someone is on h1 status & have filed 485 in july 07. what happens when due to recession he/she is out of job (NO PAYROLL) for 3-4 months.
will the person have problems during 485 approval?? whats the possible negative that can happen in such god not willing situation
If you don't have a job on H1-B then you are not in legal status within this country. This may come back to haunt you during future 485 processing and approval. That's where an EAD is good in that it allows you to remain in legal status even when you don't have a job for a certain period of time.
chanduv23
10-30 11:48 AM
Come on washingtonians , wake up
Some pics and videos from NJ meet are available at
http://immigrationvoice.blogspot.com
http://www2.snapfish.com/share/p=967...=SYE/otsi=SALB
Look at the crowd and get inspired
Come on folks, everyone to the meet
Some pics and videos from NJ meet are available at
http://immigrationvoice.blogspot.com
http://www2.snapfish.com/share/p=967...=SYE/otsi=SALB
Look at the crowd and get inspired
Come on folks, everyone to the meet
psnycgirl
11-06 09:24 PM
I got all the receipts and FP notice from VSC on 10/15. Everything was filed on 7/31 and sent to TSC. FP date was 10/30. Got EAD last week and they want ID again for AP. 485 has been trasnferred to TSC now.
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