AB1275
12-12 01:01 PM
No I am not......the lawyer said we reapply either with the prevailing rate of EB2 or EB3.
I spoke to another lawyer and she said as my 5th year end in the first week of Feb 09, I dont have much choice.......file another PERM immediately and concurrently find another company that has existing ads.
To add to all this, I just came to know my company wants to transfer the file to another lawyer! I dont know if thats a good idea!
I spoke to another lawyer and she said as my 5th year end in the first week of Feb 09, I dont have much choice.......file another PERM immediately and concurrently find another company that has existing ads.
To add to all this, I just came to know my company wants to transfer the file to another lawyer! I dont know if thats a good idea!
wallpaper 3d wallpapers of lord krishna.
Nov2004
08-26 01:08 PM
Bump^^^^
can you please let us know some details. I am in the same situation.
Nov2004, eb3, i140 approved and i485 applied.
1. What happens to the present ead, after filing the new i140.
2.after i140 do we have to apply for new i485?
can you please let us know some details. I am in the same situation.
Nov2004, eb3, i140 approved and i485 applied.
1. What happens to the present ead, after filing the new i140.
2.after i140 do we have to apply for new i485?
kishdam
02-06 03:28 PM
Hi,
What is legally considered as "Permanent Residency approval date" - is it the approval of I485/getting greencard or is it the approval of I140. Sometimes the I140 referred to as an immigrant petition. As we know the process is once this immigrant petition (I14) is approved we apply for adjustment of status as a permanent resident thru II485 - so legally - can we consider that until I485 is not approved, our permanent residence applicaiton is pending?
This is to interpret a reimburse agreement I signed (bad thing to do - but I was naive then and signed a very vague repayment statement). But somewhat good thing is the agreement talks about staying for 2 years "after" the permanent residence is approved. If things get bad - I am hoping that this language might save me. Any thoughts?
- kd
What is legally considered as "Permanent Residency approval date" - is it the approval of I485/getting greencard or is it the approval of I140. Sometimes the I140 referred to as an immigrant petition. As we know the process is once this immigrant petition (I14) is approved we apply for adjustment of status as a permanent resident thru II485 - so legally - can we consider that until I485 is not approved, our permanent residence applicaiton is pending?
This is to interpret a reimburse agreement I signed (bad thing to do - but I was naive then and signed a very vague repayment statement). But somewhat good thing is the agreement talks about staying for 2 years "after" the permanent residence is approved. If things get bad - I am hoping that this language might save me. Any thoughts?
- kd
2011 hd wallpapers of lord krishna.
go_gc_way
05-23 10:22 PM
A job well done Salil Pradhan ..
I think , Article rightly points out .. "We all have a tremendous sense of insecurity and uncertainty about the future".
I think , Article rightly points out .. "We all have a tremendous sense of insecurity and uncertainty about the future".
more...
Steve Mitchell
March 12th, 2004, 12:29 AM
Thanks for clarifying skip. It would be great to get the Nikon forum more active.
SB-26 will be a problem. You cannot use TTL flash mode with any Nikon digital camera. It would be like going back to an old thyristor auto flash. Only the DX series flashes work with the digitals.
SB-26 will be a problem. You cannot use TTL flash mode with any Nikon digital camera. It would be like going back to an old thyristor auto flash. Only the DX series flashes work with the digitals.
sunny26
06-29 03:42 PM
hi
If not able to get insurance talk to the Dr they have some package like 3000$ for full term checkup and delivery(normal) like that.One of my friend in tx dont have insurance so they took that package the Dr office offered him.
If not able to get insurance talk to the Dr they have some package like 3000$ for full term checkup and delivery(normal) like that.One of my friend in tx dont have insurance so they took that package the Dr office offered him.
more...
raysaikat
11-29 05:01 PM
The line in bold above is NOT TRUE. You can work in the USA with the approved H1B even if it is not stamped and even if you arrived using H4. All you need is a SSN along with the approved H1B to start working.
What you say is true if the approval notice (I-797) has I-94 attached. If not, then she needs to go out of the country to change status.
In other words, the status is determined by I-94.
Usual warning: Use any of above at your own risk!
What you say is true if the approval notice (I-797) has I-94 attached. If not, then she needs to go out of the country to change status.
In other words, the status is determined by I-94.
Usual warning: Use any of above at your own risk!
2010 3d wallpapers of lord krishna. lord krishna wallpaper.
malibuguy007
02-06 05:38 PM
I don't know where you are but as far as California is concerned, most non-compete clauses are not enforceable.
more...
Dhundhun
03-18 02:10 PM
Thanks. I'll try SSN based on AOS. If they refuse, I'll get EAD for my wife.
SSN based on AOS did not work. Going ahead with applying for EAD as it may take years and years to get GC. There may be more such things coming in future, which may require EAD and SSN and so on - who knows. While not applying for AOS, we wanted to save US$180 of EAD and have less (useless - at that point of time) paperwork.
SSN based on AOS did not work. Going ahead with applying for EAD as it may take years and years to get GC. There may be more such things coming in future, which may require EAD and SSN and so on - who knows. While not applying for AOS, we wanted to save US$180 of EAD and have less (useless - at that point of time) paperwork.
hair wallpaper Pictures,lord krishna pictures 3d wallpapers of lord krishna.
shahuja
02-04 05:07 PM
imneedy..mine is renewal..they have my pp..ND consulate..and today is 23rd calendar day..
more...
senthil1
12-06 05:12 PM
If you are in L1 with Manager or Above category then you can file EB1. There are some more restrictions for this. Because you converted to H1B you may not eligible. Check whether you have any loophole for this. If you are in H1B you should have a PHd and job requirement should be PHd.
Of course any persons like sports, Research, arts with international level skills also eligible. Those people are very rare.
There are two ways to satisfy the requirements for an EB-1-1 immigrant visa. The first is receiving a major, internationally recognized award. Fortunately for those who haven�t won the Nobel Prize yet, the second set of standards is not as difficult to achieve.
The INS regulations (8 C.F.R. � 204.5(h)(3)) require that a petitioner fulfill at least three of the following ten standards:
1. Receipt of a lesser nationally or internationally recognized prize for achievement in your field. This could include a medical fellowship, a Fulbright award, or a Caldecott award.
2. Membership in associations in your field that require "outstanding achievement" of their members. This standard is relatively vague. Associations that are open to all members of a given profession can be considered, but associations that limit membership to only the most accomplished members of the profession are certainly more valuable.
3. Material published about you in major trade publications or other major media. The material must concern your work in the field. Publications could range from journals specific to your field, like The Journal of Otolaryngology, to major newspapers, like The New York Times. You are not limited to print; a story about you on "60 Minutes" might also fulfill this requirement.
4. Serving as a judge of others in your field either individually or on a panel. Sitting on the Nobel Prize Committee would fulfill the requirement, as would participating in the peer review process of a scientific article or acting as a member of a thesis review committee.
5. Original, scientific, scholarly, artistic, athletic, or business-related contributions of major significance in your field. This standard is wide open. Basically, the INS will base its judgment of your contribution on the letters of support that others in the field submit. So letters from recognized authorities in your field who consider your contributions original and significant will satisfy this requirement.
6. Authorship of scholarly articles in your field. This refers to articles that you wrote concerning your work rather than material written about you by others, as is the case with standard 3 above. Again, the publications can range from major trade journals to mass media. Although the regulations refer specifically to "articles," other forms of publication such as visual media should fulfill this requirement.
7. Display of your work in exhibitions or showcases. The regulations do not mention how prestigious the exhibition must be.
8. Performing a critical or leading role for organizations that have a distinguished reputation. This could be acting as curator for the Metropolitan Museum of Art or serving as an essential researcher for an important laboratory.
9. Commanding a high salary in your field. The regulation requires that your salary or remuneration be high in relation to others in the field, so a teacher need not make as much as a professional football player.
10. Commercial success in the performing arts. This can be demonstrated by box office receipts from your films or plays, sales of your record, or selling your video documentary to a network for a notable sum.
Satisfying three out of the ten criteria does not guarantee that the INS will grant you EB-1-1 classification as an alien of extraordinary ability. The INS looks for quality as well as quantity. As in so many other aspects of immigration law, comprehensive documentation of your qualifications is all important.
Of course any persons like sports, Research, arts with international level skills also eligible. Those people are very rare.
There are two ways to satisfy the requirements for an EB-1-1 immigrant visa. The first is receiving a major, internationally recognized award. Fortunately for those who haven�t won the Nobel Prize yet, the second set of standards is not as difficult to achieve.
The INS regulations (8 C.F.R. � 204.5(h)(3)) require that a petitioner fulfill at least three of the following ten standards:
1. Receipt of a lesser nationally or internationally recognized prize for achievement in your field. This could include a medical fellowship, a Fulbright award, or a Caldecott award.
2. Membership in associations in your field that require "outstanding achievement" of their members. This standard is relatively vague. Associations that are open to all members of a given profession can be considered, but associations that limit membership to only the most accomplished members of the profession are certainly more valuable.
3. Material published about you in major trade publications or other major media. The material must concern your work in the field. Publications could range from journals specific to your field, like The Journal of Otolaryngology, to major newspapers, like The New York Times. You are not limited to print; a story about you on "60 Minutes" might also fulfill this requirement.
4. Serving as a judge of others in your field either individually or on a panel. Sitting on the Nobel Prize Committee would fulfill the requirement, as would participating in the peer review process of a scientific article or acting as a member of a thesis review committee.
5. Original, scientific, scholarly, artistic, athletic, or business-related contributions of major significance in your field. This standard is wide open. Basically, the INS will base its judgment of your contribution on the letters of support that others in the field submit. So letters from recognized authorities in your field who consider your contributions original and significant will satisfy this requirement.
6. Authorship of scholarly articles in your field. This refers to articles that you wrote concerning your work rather than material written about you by others, as is the case with standard 3 above. Again, the publications can range from major trade journals to mass media. Although the regulations refer specifically to "articles," other forms of publication such as visual media should fulfill this requirement.
7. Display of your work in exhibitions or showcases. The regulations do not mention how prestigious the exhibition must be.
8. Performing a critical or leading role for organizations that have a distinguished reputation. This could be acting as curator for the Metropolitan Museum of Art or serving as an essential researcher for an important laboratory.
9. Commanding a high salary in your field. The regulation requires that your salary or remuneration be high in relation to others in the field, so a teacher need not make as much as a professional football player.
10. Commercial success in the performing arts. This can be demonstrated by box office receipts from your films or plays, sales of your record, or selling your video documentary to a network for a notable sum.
Satisfying three out of the ten criteria does not guarantee that the INS will grant you EB-1-1 classification as an alien of extraordinary ability. The INS looks for quality as well as quantity. As in so many other aspects of immigration law, comprehensive documentation of your qualifications is all important.
hot lord krishna wallpapers.
snathan
03-31 08:45 PM
From your post it seems your H1b transfer was denied and not H1b extension, i think you should correct the title.
If you go to company A then you will have to file H1b transfer again with company A. I think you can file an appeal in the meain time continue working for company B for 240 days (I am not sure of this but confirm with IV gurus or attorney).
I dont think this is true. Untill the company A revoked the H1 which is valid till Sep 2009, I dont think one needs to file for transfer again. Otherwise please provide the source for the same.
When you are filing for new H1B with new employer, it will not cancel the current H1B. There is nothing called H1B transfer. Everything is New only. The only issue is you need to prove your status and you will not be counted against the cap.
If you go to company A then you will have to file H1b transfer again with company A. I think you can file an appeal in the meain time continue working for company B for 240 days (I am not sure of this but confirm with IV gurus or attorney).
I dont think this is true. Untill the company A revoked the H1 which is valid till Sep 2009, I dont think one needs to file for transfer again. Otherwise please provide the source for the same.
When you are filing for new H1B with new employer, it will not cancel the current H1B. There is nothing called H1B transfer. Everything is New only. The only issue is you need to prove your status and you will not be counted against the cap.
more...
house Lord Krishna Wallpapers: Lord
ttdam
10-02 04:42 PM
EB2 or EB3 ?
I m tensed based on your experience,
How big is the company (your H1 employer) in terms of employees and revenue ?
Thanks for sharing the info.
I m tensed based on your experience,
How big is the company (your H1 employer) in terms of employees and revenue ?
Thanks for sharing the info.
tattoo 3d wallpapers of lord krishna.
indyanguy
04-19 11:27 PM
bump
more...
pictures 3d wallpapers of lord krishna. Lord Krishna HD Wallpapers
fide_champ
11-08 12:26 PM
hello,
I am trying to book an appointment for h1b visa stamping at the Chennai Us consulate for Nov 29th but I see no dates available for Nov 2010 for Chennai.
Ony calcutta dates are available.
Can I book an emergency appointment in this situation?
I have been on h1 for the past 3 years.First came to US in 2004.Visa expired in 2006.
Extended h1b here in USA..Now going to India for the first time after visa expiry.
Also, for the stamping, should i carry all old LCA's or just the latest one?
Thanks,
arthi
Chennai consulate these days open dates for the next 2 weeks. There are not a lot of people applying these days, so keep checking the dates.
I am trying to book an appointment for h1b visa stamping at the Chennai Us consulate for Nov 29th but I see no dates available for Nov 2010 for Chennai.
Ony calcutta dates are available.
Can I book an emergency appointment in this situation?
I have been on h1 for the past 3 years.First came to US in 2004.Visa expired in 2006.
Extended h1b here in USA..Now going to India for the first time after visa expiry.
Also, for the stamping, should i carry all old LCA's or just the latest one?
Thanks,
arthi
Chennai consulate these days open dates for the next 2 weeks. There are not a lot of people applying these days, so keep checking the dates.
dresses 3d wallpapers of lord krishna.
desi3933
06-21 10:30 AM
In case the I-485 is filed concurrently with I-140 or on the basis of a I-140 "pending approval", if the "I-140" is rejected (say because it was incorrectly classified as EB-2 when it should have been EB-3), then is the I-485 also automatically rejected? (My guess: YES)
If this happens to you, does this mean you may not be able to resubmit I-485 if your "priority date" is not current at the time you came to know it got rejected? (My guess: YES... and this is a scary scenario.)
Finally, if the I-140 (EB2) is mentions the requirement to be "BS + 5 years of post BS experience", but the the reviewing officer thinks that the 140 application is not supported by "proper" evidence of 5 years of progressive post BS experience.... then would it generate an RFE or would it straightaway cause a rejection of the I-140?
Experts, please comment. I may have to face this scenario.
Thanks!
Abhijit
Contribution so far: $100
Unless you have another I-140 (or I-130) that can be used to support I-485, there is good chance that I-485 will be denied.
Not a legal advice.
If this happens to you, does this mean you may not be able to resubmit I-485 if your "priority date" is not current at the time you came to know it got rejected? (My guess: YES... and this is a scary scenario.)
Finally, if the I-140 (EB2) is mentions the requirement to be "BS + 5 years of post BS experience", but the the reviewing officer thinks that the 140 application is not supported by "proper" evidence of 5 years of progressive post BS experience.... then would it generate an RFE or would it straightaway cause a rejection of the I-140?
Experts, please comment. I may have to face this scenario.
Thanks!
Abhijit
Contribution so far: $100
Unless you have another I-140 (or I-130) that can be used to support I-485, there is good chance that I-485 will be denied.
Not a legal advice.
more...
makeup 3d wallpapers of lord krishna.
joydiptac
05-26 01:50 PM
This is not a good advice...USCIS may have the file as active, and may approve EAD...If and when USCIS starts working on the application and issues RFE, etc., ...they may decide that the application was abandoned. If the poster worked on the EAD based on the abandoned GC application, then it is likely that USCIS will consider her to be out-of-status from the time she had no basis for EAD, which may mean a long illegal presence, triggering 10 years or permanent ban, etc.
Thanks Saikat, for pointing out some potential pitfalls.
I am sure USCIS has its own checks and balances to determine the validity of an application, and whether it is abandoned. But I do not believe in being proactive and raising flags to jeopardize what may be totally legit.
One more thing that slipped my mind is you can always check online status to see if your application is active or rejected. :)
Here are a few tidbits of law (information) I am aware of. I am not a lawyer so please seek help or search online for the validity of my statements :
1. During AOS (adjustment of Status, I485 pending) you do not accrue Illegal presence period. However, if you were on a Non Immigrant visa and that has expired you will be in illegal status until you went out and came back using AP - but that is usually OK. Unless there is an unrelated issue that flags your case you are safe. But mind you - still no Illegal presence is accrued. This is the law.
2. While on AOS it is OK to go out of the country for short periods of time (I don't think this is very well defined hence a gray area). In case you do not have any other non immigrant visa you need to have applied for AP before leaving the country otherwise you are considered to have abandoned your I485 application.
Example: My boss from one of my previous companies was on AOS was working from B'lore in the same company for more than or close to a year. He came back on his L1A visa. He had a long talk with Immigration and explained that our company had sent him abroad for all this while, which was true. He came back in, within a few months got his GC this tells me that his I485 was not considered to be abandoned. Well it is a different story that he did not stay after that as being a truly global manager, he was sent to France and then to India within 6 months.
HTH
Thanks Saikat, for pointing out some potential pitfalls.
I am sure USCIS has its own checks and balances to determine the validity of an application, and whether it is abandoned. But I do not believe in being proactive and raising flags to jeopardize what may be totally legit.
One more thing that slipped my mind is you can always check online status to see if your application is active or rejected. :)
Here are a few tidbits of law (information) I am aware of. I am not a lawyer so please seek help or search online for the validity of my statements :
1. During AOS (adjustment of Status, I485 pending) you do not accrue Illegal presence period. However, if you were on a Non Immigrant visa and that has expired you will be in illegal status until you went out and came back using AP - but that is usually OK. Unless there is an unrelated issue that flags your case you are safe. But mind you - still no Illegal presence is accrued. This is the law.
2. While on AOS it is OK to go out of the country for short periods of time (I don't think this is very well defined hence a gray area). In case you do not have any other non immigrant visa you need to have applied for AP before leaving the country otherwise you are considered to have abandoned your I485 application.
Example: My boss from one of my previous companies was on AOS was working from B'lore in the same company for more than or close to a year. He came back on his L1A visa. He had a long talk with Immigration and explained that our company had sent him abroad for all this while, which was true. He came back in, within a few months got his GC this tells me that his I485 was not considered to be abandoned. Well it is a different story that he did not stay after that as being a truly global manager, he was sent to France and then to India within 6 months.
HTH
girlfriend 3d wallpapers of lord krishna.
zCool
12-21 09:49 AM
There are some companies that enter into agreements with ppl like that. Of course it is not legal and of course it's exploitative and predatory.. but depends what was decided.. If his employer offered with 100K on paper but talked abt this type of arrangement verbally (assuming he got sub labor at the same time ) it might make sense.. in any other case.. he's getting ripped off and better that he sues the employer.. merely credible threat of lawsuit should make the company pay..
hairstyles 3d wallpapers of lord krishna.
indianabacklog
10-24 06:16 PM
I would like to suggest that anyone in Indiana who can make it meet at the Starbucks coffee location in Westfield this Saturday.
This is at US31 and 146th Street north of Indianapolis.
I propose 11am.
Even if there are only half a dozen of us surely we can achieve more than as individuals.
This is at US31 and 146th Street north of Indianapolis.
I propose 11am.
Even if there are only half a dozen of us surely we can achieve more than as individuals.
bheemi
07-31 05:41 PM
Unless you use AP to travel outside, you can work on EAD and status of H4 is not going to be affected..So dont fear, just pose the question to lawyer in immigration-law.com. Or else you can search in the advanced q/a in that website u may find answer..
Rajeev
10-12 09:50 AM
The maximum duration allowed on L1B is 5 years where as on L1A, it is 7 years. On H1B it is 6 years. Duration spent on L1 is counted with the duration spent on H1 and vice versa.
The maximum time allowed on H1B is 6 years, this includes the time you spent on L1. This is the reason why you have been given H1B that is only valid for 1 year.
On a side note, the maximum time allowed on L1 is 5 years - you had to go back to India since you have spent the maximum allowable time on that visa.
Now, there are two ways to extend your stay beyond the initial 5/6 yrs granted on H1 or L1 visas.
1. For both L1 and H1Bs: Go back to your country (India) for 1 yr after your initial term expires. After 1 yr stay in your home country, you will be eligible for "another cycle" of L1/H1. So, for L1 you will get another 5 yrs, and H1B another 6 yrs.
2. Another way to extend your H1B is to start your Green card process (file your labor, and then your 140). Once your labor is pending for > 1 yr, or your 140 is approved, you will be eligible for 1 yr or 3 yr H1B extensions. This does not apply to L1s.
Here is what I would suggest for your case:
Best case scenario: Wait until your 1 yr clock resets, apply for fresh L1A (multi national manager). Once you are in the USA, convince your company to file for your green card in EB1 - multi national manager. The EB1 is almost always current, you can get your GC pretty soon.
This is the best case scenario that I can envision for you.
Alternatively,you can come back immediately on H1, apply for your PERM and 140, and then get unlimited extensions based on your GC being pending.
You can also wait until your 1 yr clock resets and then enter on H1 in Feb 2008, where by you might be able to claim 5 more years on H1B extensions ( a total of fresh 6 yrs on your current H1B). eventually, you will have to file for your PERM and 140 and then get extensions beyond the 6 yrs. I think you will need to file a petition with USCIS indicating the H1B clock reset.
Merely applying for L1A will not invalidate your H1. however, entering on L1A will invalidate your H1b (you can only hold one visa at a time - L1 or H1B). BTW... I guess you can not enter on L1 until you reset your 1 yr clock.
If I were you,I would seriously consider entering on L1A and then filing for EB1 GC. This is the quickest possible route for your GC. Unless, ofcourse, you do not want to be with the company for another year or so because your relationship with the employer is strained.
The maximum time allowed on H1B is 6 years, this includes the time you spent on L1. This is the reason why you have been given H1B that is only valid for 1 year.
On a side note, the maximum time allowed on L1 is 5 years - you had to go back to India since you have spent the maximum allowable time on that visa.
Now, there are two ways to extend your stay beyond the initial 5/6 yrs granted on H1 or L1 visas.
1. For both L1 and H1Bs: Go back to your country (India) for 1 yr after your initial term expires. After 1 yr stay in your home country, you will be eligible for "another cycle" of L1/H1. So, for L1 you will get another 5 yrs, and H1B another 6 yrs.
2. Another way to extend your H1B is to start your Green card process (file your labor, and then your 140). Once your labor is pending for > 1 yr, or your 140 is approved, you will be eligible for 1 yr or 3 yr H1B extensions. This does not apply to L1s.
Here is what I would suggest for your case:
Best case scenario: Wait until your 1 yr clock resets, apply for fresh L1A (multi national manager). Once you are in the USA, convince your company to file for your green card in EB1 - multi national manager. The EB1 is almost always current, you can get your GC pretty soon.
This is the best case scenario that I can envision for you.
Alternatively,you can come back immediately on H1, apply for your PERM and 140, and then get unlimited extensions based on your GC being pending.
You can also wait until your 1 yr clock resets and then enter on H1 in Feb 2008, where by you might be able to claim 5 more years on H1B extensions ( a total of fresh 6 yrs on your current H1B). eventually, you will have to file for your PERM and 140 and then get extensions beyond the 6 yrs. I think you will need to file a petition with USCIS indicating the H1B clock reset.
Merely applying for L1A will not invalidate your H1. however, entering on L1A will invalidate your H1b (you can only hold one visa at a time - L1 or H1B). BTW... I guess you can not enter on L1 until you reset your 1 yr clock.
If I were you,I would seriously consider entering on L1A and then filing for EB1 GC. This is the quickest possible route for your GC. Unless, ofcourse, you do not want to be with the company for another year or so because your relationship with the employer is strained.
No comments:
Post a Comment