voldemar
04-30 05:32 PM
Is letter from employee needed for filing I-485 for my spouse. I filed I-485 under EB3 last August and it's still pending. She takes my PD and my PD will be current in May. I have an old letter from my employer when filing my I-485 last August but was wondering if a new letter from employer is needed or the old one would do.
No, no need.
No, no need.
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chanduv23
11-14 07:52 PM
^^^^^^^^^
sandeep_1
07-19 02:21 PM
oh my! It is really painful to see that you have been waiting this long.. Based on your priority date, you should be current next month. Good luck.
My husband was approved in August 2008 and I am still waiting after infopass, etc, etc...
My husband was approved in August 2008 and I am still waiting after infopass, etc, etc...
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Green4Ev1
04-27 11:42 AM
2 weeks at most
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gc_chahiye
10-12 04:34 PM
I have a EB2 labor that is approved from BEC. But i have already applied 140 and 485 using EB3 labor and both are pending. Now I am planning to interfile 485 once my old 140 approves.
My question is does my labor expire, If I dont use it to file 140.
Thanks for your advice.
yes. 180 days past its approval date if it was approved since the law banning EB substition came out (in May or June this year). If it was approved before that law came into effect, then it will expire 180 days after the law became effective (Jan 2008).
Go ahead and file the second I-140, you can have two pending.
http://www.murthy.com/nflash/nf_051607.html
Expiration of Labor Certifications : 180-Day Rule
�MurthyDotCom
Under current rules, a labor certification (LC) does not have an expiration date. Under the new regulation, an LC will expire after 180 days if no I-140 is filed to proceed with the case. For labor certifications approved on or after July 16, 2007, the I-140 petition must be filed within 180 days of the LC approval. For LCs that are or were approved before July 16, 2007, the I-140 petition will have to be filed within 180 days of July 16, 2007.
My question is does my labor expire, If I dont use it to file 140.
Thanks for your advice.
yes. 180 days past its approval date if it was approved since the law banning EB substition came out (in May or June this year). If it was approved before that law came into effect, then it will expire 180 days after the law became effective (Jan 2008).
Go ahead and file the second I-140, you can have two pending.
http://www.murthy.com/nflash/nf_051607.html
Expiration of Labor Certifications : 180-Day Rule
�MurthyDotCom
Under current rules, a labor certification (LC) does not have an expiration date. Under the new regulation, an LC will expire after 180 days if no I-140 is filed to proceed with the case. For labor certifications approved on or after July 16, 2007, the I-140 petition must be filed within 180 days of the LC approval. For LCs that are or were approved before July 16, 2007, the I-140 petition will have to be filed within 180 days of July 16, 2007.
eucalyptus.mp
02-16 03:12 PM
H1 Transfer and Extention
Posted Today at 04:06 PM by eucalyptus.mp
I am working in US from Feb 2007 to till date. I was on H1-B visa This H1-B petition is valid till 30 sep,2009. I am currently on project which ends on 31 March 2009 . Before that I want to change my employer .
Some ppl suggested me Transfer H1 with extention immediately. Some said that stay with current employer have extention and then transfer . Is there any problem now a days for H1 Transfers ?
Please give me your valuable suggestions.
Thanks...
Posted Today at 04:06 PM by eucalyptus.mp
I am working in US from Feb 2007 to till date. I was on H1-B visa This H1-B petition is valid till 30 sep,2009. I am currently on project which ends on 31 March 2009 . Before that I want to change my employer .
Some ppl suggested me Transfer H1 with extention immediately. Some said that stay with current employer have extention and then transfer . Is there any problem now a days for H1 Transfers ?
Please give me your valuable suggestions.
Thanks...
more...
gcformeornot
02-03 11:34 AM
I know he had no problems with Visa renewal. I think they are asking many PM/TL/CRMs to comeback and work night shifts and still manage US clients from India......
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CrewNYC
09-25 01:51 PM
Didus really helped me out, thanks!
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Andrew
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neeidd
07-08 07:31 PM
Could some one please clarify?
My wife and I were entered on AP lately and since I work for the same employer, I am still working on my H1 and am planning to extend my H1. My wife is working on EAD, can she still able to apply for H4 based on my H1? We want to have her H4 as a back-up!
Thanks
My wife and I were entered on AP lately and since I work for the same employer, I am still working on my H1 and am planning to extend my H1. My wife is working on EAD, can she still able to apply for H4 based on my H1? We want to have her H4 as a back-up!
Thanks
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seemashah
02-21 04:26 PM
Hi:
I was working for Company A from 2000 to 2004. Company A applied for my GC in 2002. However, the company was not doing well until I left it. It was not paying me the salary which came out in PW. Company A continued with my GC processing and I filed for I140 and 485 last year in June. Now received the following RFE for I140:
Please submit documentary evidence that you, the petitioning employer, have the financial
ability to pay the wage/salary you offered the beneficiary. This evidence must show that you
have this financial capability on the date you fied the ETA with the Department of Labor and
cover up until the visa is issued. The petitioner may submit evidence that their net income is
equal to or greater than the proffered wage, evidence that the petitioner's net current assets
are equal to or greater than the proffered wage, or evidence that the petitioner not only is
employing the beneficiary but also has paid or is currently paying the proffered wage. The
service wil also consider copies of audited annual reports of the employer, or copies of
audited financial statements of the employer. Evidence is needed for 2002-2003.
Does anyone have some idea how to get the audited financial statements or audited annual reports?. I know that the company never had any audited reports. I had submitted the bank statements of the company and the tax returns with my I140. However, it seems that they want the audited reports. The company was not doing well in 2002/2003. However, it is doing well now. So any input will be highly appreciated.
I was working for Company A from 2000 to 2004. Company A applied for my GC in 2002. However, the company was not doing well until I left it. It was not paying me the salary which came out in PW. Company A continued with my GC processing and I filed for I140 and 485 last year in June. Now received the following RFE for I140:
Please submit documentary evidence that you, the petitioning employer, have the financial
ability to pay the wage/salary you offered the beneficiary. This evidence must show that you
have this financial capability on the date you fied the ETA with the Department of Labor and
cover up until the visa is issued. The petitioner may submit evidence that their net income is
equal to or greater than the proffered wage, evidence that the petitioner's net current assets
are equal to or greater than the proffered wage, or evidence that the petitioner not only is
employing the beneficiary but also has paid or is currently paying the proffered wage. The
service wil also consider copies of audited annual reports of the employer, or copies of
audited financial statements of the employer. Evidence is needed for 2002-2003.
Does anyone have some idea how to get the audited financial statements or audited annual reports?. I know that the company never had any audited reports. I had submitted the bank statements of the company and the tax returns with my I140. However, it seems that they want the audited reports. The company was not doing well in 2002/2003. However, it is doing well now. So any input will be highly appreciated.
more...
sertasheep
07-01 10:36 AM
As far as I recollect, the Murthy article was about the spouse(dependent) receiving a GC (as part of a derivative spousal application) when his/her spouse(primary beneficiary)'s PD or her PD was not yet current.
Primary beneficiary had not received the GC, but spouse received it in error. May be that's diff from the situation where the primary beneficiary himself/herself receives the GC while the PD is not current.
Primary beneficiary had not received the GC, but spouse received it in error. May be that's diff from the situation where the primary beneficiary himself/herself receives the GC while the PD is not current.
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qualified_trash
05-19 11:49 AM
Immigration laws are a federal mandate. It does not matter where your lawyer is based...........
Try to get a good lawyer. Where they are located should never be a consideration.
Try to get a good lawyer. Where they are located should never be a consideration.
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rk2006
11-23 06:08 PM
Hi,
My spouse's GC application is pending 485 stage with PD of Dec 2002, EB3. I got my I140 (EB2 PD Dec 2006) cleared and did not apply for 485. I am on EAD/AP through my spouse app.
My spouse passed away and 13 days later Congress passed survivng family act law, which says survivors/dependents can continue the GC app in the event the primary appliant dies. My questions are,
1. Since the law was enacted after my spouse's death am I eligible to continue that GC app and renew my AP and EAD?
2. I am planning to go to my home country for few months (may be a year) and will come back in the middle just to renew my AP when time comes and go back again with AP. Can I stay on AP or need to apply for H1b extension which I am eligible for 3 yrs ext based on my I140 approval ?
I appreciate for any response!
My spouse's GC application is pending 485 stage with PD of Dec 2002, EB3. I got my I140 (EB2 PD Dec 2006) cleared and did not apply for 485. I am on EAD/AP through my spouse app.
My spouse passed away and 13 days later Congress passed survivng family act law, which says survivors/dependents can continue the GC app in the event the primary appliant dies. My questions are,
1. Since the law was enacted after my spouse's death am I eligible to continue that GC app and renew my AP and EAD?
2. I am planning to go to my home country for few months (may be a year) and will come back in the middle just to renew my AP when time comes and go back again with AP. Can I stay on AP or need to apply for H1b extension which I am eligible for 3 yrs ext based on my I140 approval ?
I appreciate for any response!
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nick2deep
02-23 06:39 PM
I have a B.E in Electronics (4 years) and an PGDM in IT (2 years) from India but my I140 is denied on the basis that my PGDM School in India would accept 3 years undergrad and thus the education is not equivalent to M.S in US. I did send the educational evaluation along with I140 but the decision was made on the descretion on CIS.
Please advice if I should refile with education evaluation from anothe agency.
Please advice if I should refile with education evaluation from anothe agency.
more...
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waiting_4_gc
08-24 08:00 PM
Hello Gurus,
Here is my situation and I really appreciate your advice:
I have filed my I-485, EAD, and AP thru my employer (consulting company) in EB3 category. I have received my EAD and AP but i havent invoked AC21.
I also have approved labor (PD--01/2006), and approved I-140 in EB2 category thru my client's company.
Since, EB3 category is not going anywhere, I am thinking of filing another I-485 thru my client in EB2 category.
1) Is it possible for me to file second I-485 in EB2 category while first I-485 is waiting for approval?
2) Can i port my EB3 PD (12/2003) while filing 2nd I-485 thru client?
Thanks in advance!!!
Here is my situation and I really appreciate your advice:
I have filed my I-485, EAD, and AP thru my employer (consulting company) in EB3 category. I have received my EAD and AP but i havent invoked AC21.
I also have approved labor (PD--01/2006), and approved I-140 in EB2 category thru my client's company.
Since, EB3 category is not going anywhere, I am thinking of filing another I-485 thru my client in EB2 category.
1) Is it possible for me to file second I-485 in EB2 category while first I-485 is waiting for approval?
2) Can i port my EB3 PD (12/2003) while filing 2nd I-485 thru client?
Thanks in advance!!!
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pmamp
12-22 09:59 AM
My LC application (RIR PD Oct 2003) from company A is pending in P-BEC. My RIR got denied recently in Nov 06 and my company informed me that they are considering to use TR->RIR conversion to upgrade the LC to RIR. Can somebody please tell me the process of TR->RIR converion? How long it takes? Pros. and Cons. ?Any help is greatly appreciated
Meanwhile company B filed an LC (RIR PD March 2005). This is also pending in P-BEC. But the lawyer has not received any case number nor 45 day letter.The lawyer is not giving much information. Can somebody please tell me the process?
Thanks
I can comment on second item. I was in the same situation (PD March 05 @ D-BEC). There was absolutely no communication from DOL. One fine day in Sept, I got case approval notice (via lawyer). I think there is still hope yours may be done soon.
Meanwhile company B filed an LC (RIR PD March 2005). This is also pending in P-BEC. But the lawyer has not received any case number nor 45 day letter.The lawyer is not giving much information. Can somebody please tell me the process?
Thanks
I can comment on second item. I was in the same situation (PD March 05 @ D-BEC). There was absolutely no communication from DOL. One fine day in Sept, I got case approval notice (via lawyer). I think there is still hope yours may be done soon.
more...
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bandoayan
08-27 10:32 PM
My PERM application had job location as " employers office and various client's site throughout US". The PERM was approved in EB2 without audit.
My company is in a different state. I am consulting and hence working in a different state. Do we specify the job location in PERM application ? If yes, does it matter that I am working at a different location ? I am working on applying PERM in EB-2. Thanks.
My company is in a different state. I am consulting and hence working in a different state. Do we specify the job location in PERM application ? If yes, does it matter that I am working at a different location ? I am working on applying PERM in EB-2. Thanks.
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eb3_nepa
06-14 02:48 PM
^^
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anilsal
01-28 10:59 PM
having valid AP at any time, even though is not a legal requirement, is a necessity due to potential emergency travel to home country or any other country. Hence it is safe to reapply AP 2-3 months before expiry and EAD 3-4 months before expiry. This will give you peace of mind.
engineer
10-30 07:42 PM
(bump /\)
(bump /\)
(bump /\)
Ann Ruben
02-01 09:50 PM
Deepadandamudi,
Because you are not currently invalid non-immigrant status, you are not entitled to a change of status to H-1. But, once an H-1 petition is approved on your behalf, you can leave the US, obtain an H-1 visa stamp in your passport and then return to the US using that visa. Unless your employer is exempt from the H-1 cap, the earliest you could do this would be Oct. 2010.
As long as you remain legally married you are entitled to the EAD, and you can maintain both documents. However, if you work for another employer using your EAD you will violate your H-1 status.
Because you are not currently invalid non-immigrant status, you are not entitled to a change of status to H-1. But, once an H-1 petition is approved on your behalf, you can leave the US, obtain an H-1 visa stamp in your passport and then return to the US using that visa. Unless your employer is exempt from the H-1 cap, the earliest you could do this would be Oct. 2010.
As long as you remain legally married you are entitled to the EAD, and you can maintain both documents. However, if you work for another employer using your EAD you will violate your H-1 status.
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