sankap
07-05 03:36 PM
"Quote: source/link always.....please"
The article's source and links are listed in the original post.
The article's source and links are listed in the original post.
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northstar1
07-26 03:57 PM
My company is going through a merger and it will be complete by third qtr of this year. I already filed my AOS on July 2nd.
I was told by my immigration attorney that if a buyer (new company) takeover all the immigration liabilities then I don't need to file an amendment. Is this correct?
From what i've researched, in your scenario it could quite possibly slip through without being an issue. Now technically, i beleive you are supposed to notify USCIS of a change if it occurs prior to 180 days of the 485 being pending and possibly file an successor of interest i-140. After 180 days it becomes a moot point since you are eligible for portablity and a simple job letter will suffice. In the former case if the officer notices it, you may get an RFE which will need to be responded with proof of the new companies, successor of interest status.
This is MY understanding. Not sure if it is totally accurate.
I was told by my immigration attorney that if a buyer (new company) takeover all the immigration liabilities then I don't need to file an amendment. Is this correct?
From what i've researched, in your scenario it could quite possibly slip through without being an issue. Now technically, i beleive you are supposed to notify USCIS of a change if it occurs prior to 180 days of the 485 being pending and possibly file an successor of interest i-140. After 180 days it becomes a moot point since you are eligible for portablity and a simple job letter will suffice. In the former case if the officer notices it, you may get an RFE which will need to be responded with proof of the new companies, successor of interest status.
This is MY understanding. Not sure if it is totally accurate.
gondalguru
07-14 02:00 AM
I think best option will be to use Consular Processing for your EB2 petition. You will have your GC very soon if PD remains current (which is very likely in your case).
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lazycis
11-29 02:35 PM
Just when I gave up and stopped checking on-line status every day, I've got I-485 approvals in the mail :) Did not get any e-mails yet about all three cases I was tracking, even though I've got the plastic already.
more...
smisachu
01-12 03:53 PM
I have a similar question. I used AP and my I 94 will expire soon. How do you renew validity of I94. I do have a valid H1 till 2010. My EAD expired but I did not renew it as I don't intend to use it. AP also has to be renewed.
Please advise if I-94 has to be renewed or am I good as my H1 is valid.
Thanks
Please advise if I-94 has to be renewed or am I good as my H1 is valid.
Thanks
gc_chahiye
07-09 04:25 PM
ok.. what about july 2nd filers...have i filed or not filed?
no. Do not count any I-485 filed in July 2007. Perhaps I should have changed that to "Filed 485 and have receipt" :)
no. Do not count any I-485 filed in July 2007. Perhaps I should have changed that to "Filed 485 and have receipt" :)
more...
smuggymba
03-15 11:21 AM
Didn't most of us came to US through "Desi Companies/Body Shopper/Outsourcer"?
Now that we are feeling the pinch, we want to close this door for the other folks?
Guys, this is pinnacle of hypocrisy. Please convince me how this is different from the Anti Immigrants??
Please note. I have no axe to grind and I have never worked for Desi Company/Body Shopper/Outsourcer.
Coming to US via Infy/TCS/Wipro is diff from coming to USA via small time desi shops that take a deposit for H1 processing (totally illegal).
Having said that - applying in EB1 just because you have 2 ppl reporting to you is totally unethical. (It's not illegal since Infy, CTS do it all the time)
Now that we are feeling the pinch, we want to close this door for the other folks?
Guys, this is pinnacle of hypocrisy. Please convince me how this is different from the Anti Immigrants??
Please note. I have no axe to grind and I have never worked for Desi Company/Body Shopper/Outsourcer.
Coming to US via Infy/TCS/Wipro is diff from coming to USA via small time desi shops that take a deposit for H1 processing (totally illegal).
Having said that - applying in EB1 just because you have 2 ppl reporting to you is totally unethical. (It's not illegal since Infy, CTS do it all the time)
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for_gc
04-26 02:23 PM
In a bitter irony,MIT Admission dean resigned today after admitting that she had put fake degrees in her resume.
http://www.thebostonchannel.com/education/13199999/detail.html
Contrast this with H1-B Visa applicants.If some one on H1-B visa were to change jobs, they need to furnish following documents
1.W-2 for last year
2. Two latest paystubs
3. Copies of all educational degrees held.
In addition,there will be a background check from a professional agency,which will actually call -
-All previous employer mentioned in resume
-Checks with all educational institutes mentioned in resume
-Call up references
-Criminal Check.
Now, whom will you hire next time? A Green Card job applicant just supplies a SSN,and a simple criminal check is run against them.They can fake all the degrees and work experience they want.There is no way to verify last salary held by a citizen/GC applicant. Poor H1-B visa holder can not even fake this simple thing.
What makes you say they can not check your previous salary if you hold GC/Citizenship. This does not seem right.
Actually it depends upon company to company how much background check they do and not on your visa status.
http://www.thebostonchannel.com/education/13199999/detail.html
Contrast this with H1-B Visa applicants.If some one on H1-B visa were to change jobs, they need to furnish following documents
1.W-2 for last year
2. Two latest paystubs
3. Copies of all educational degrees held.
In addition,there will be a background check from a professional agency,which will actually call -
-All previous employer mentioned in resume
-Checks with all educational institutes mentioned in resume
-Call up references
-Criminal Check.
Now, whom will you hire next time? A Green Card job applicant just supplies a SSN,and a simple criminal check is run against them.They can fake all the degrees and work experience they want.There is no way to verify last salary held by a citizen/GC applicant. Poor H1-B visa holder can not even fake this simple thing.
What makes you say they can not check your previous salary if you hold GC/Citizenship. This does not seem right.
Actually it depends upon company to company how much background check they do and not on your visa status.
more...
ArkBird
07-12 01:21 PM
Its NATIVE INDIAN AMERICANS not 'RED INDIANS'. The term you used is considered derogatory by many.
Nope. That will be us... "Native Indian" Americans. They are "Native Americans"
Oh.. Damn Parenthesis ....! :)
Nope. That will be us... "Native Indian" Americans. They are "Native Americans"
Oh.. Damn Parenthesis ....! :)
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suny_saini
07-22 06:14 AM
hello friends
hope u experienced guys can help me and advise me in my case:
my dad is a green card holder and a pernanent resident of US
me my mom and my younger bro were applied by my dad in E3 category.
abt two years ago we recieved a letter from DELHI-US EMBASSY abt some instructions abt visa. and at end there were names of travelling applicants and those were me , my mom and my brother.
now the Priority dates became current in june and we got a letter abt visa appointment and there were only two travelling applicants ( my mom and my brother)
my name was not there for interview.
on the day of interview i went with my family.
they took interview of my mom and bro and said everything is ok.
i was also there in waiting room and only i was allowed to talk and ask the officer at enquire
consular officer give my mom a notoce to present I140 and I824 approval notices. and they returned the passports of my mom and bro and told us to submit each applicant passport with the original approval notices.
i asked at lady at enquire that why they returned the passports?
and she replied that its all because my age problem and also they want to issue visa to all of us at same time.
so after u present the approval notice they will think and decide if i can be able to get visa or not.
then we have again submitted and also i submillted my passport with their.
can anybody help me and tell me wots gonna happen???
i cant wait of their responce.
here are some detials if u can check and calculate if i am elegible...
My current age - 21 yrs and 7 months
Age at the time priority date became current: (21 yrs - 8 days)= 20 years 11 months and 23 days
Priority date became current on 11 May http://travel.state.gov/visa/frvi/bulletin/bulletin_3236.html
see date of posting at the end of page ie. 11 may
I-140 Filed: May20, 2003
Approved: October 8, 2003
Time taken : 5 monnths and 19 days
Three I-824 filed for Me, my Mother and my younger brother Filed ON: July 28 2005
Approved ON: Nov 7, 2005
Ucsis notified Nov 7, 2005 New Delhi consolate about there cases.
and we filled DS-230 and courier to Delhi US embassy.
Our dates were current near Nov 2005 but again they changed the dates and it became un current.
now dates are current again.
plz help me....
hope u experienced guys can help me and advise me in my case:
my dad is a green card holder and a pernanent resident of US
me my mom and my younger bro were applied by my dad in E3 category.
abt two years ago we recieved a letter from DELHI-US EMBASSY abt some instructions abt visa. and at end there were names of travelling applicants and those were me , my mom and my brother.
now the Priority dates became current in june and we got a letter abt visa appointment and there were only two travelling applicants ( my mom and my brother)
my name was not there for interview.
on the day of interview i went with my family.
they took interview of my mom and bro and said everything is ok.
i was also there in waiting room and only i was allowed to talk and ask the officer at enquire
consular officer give my mom a notoce to present I140 and I824 approval notices. and they returned the passports of my mom and bro and told us to submit each applicant passport with the original approval notices.
i asked at lady at enquire that why they returned the passports?
and she replied that its all because my age problem and also they want to issue visa to all of us at same time.
so after u present the approval notice they will think and decide if i can be able to get visa or not.
then we have again submitted and also i submillted my passport with their.
can anybody help me and tell me wots gonna happen???
i cant wait of their responce.
here are some detials if u can check and calculate if i am elegible...
My current age - 21 yrs and 7 months
Age at the time priority date became current: (21 yrs - 8 days)= 20 years 11 months and 23 days
Priority date became current on 11 May http://travel.state.gov/visa/frvi/bulletin/bulletin_3236.html
see date of posting at the end of page ie. 11 may
I-140 Filed: May20, 2003
Approved: October 8, 2003
Time taken : 5 monnths and 19 days
Three I-824 filed for Me, my Mother and my younger brother Filed ON: July 28 2005
Approved ON: Nov 7, 2005
Ucsis notified Nov 7, 2005 New Delhi consolate about there cases.
and we filled DS-230 and courier to Delhi US embassy.
Our dates were current near Nov 2005 but again they changed the dates and it became un current.
now dates are current again.
plz help me....
more...
whoever
01-22 12:24 PM
like the url of the site you read it at? I am wondering when those numbers were published -- i mean which year they were published? was there any mention of how many applications are still pending at bec?
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kirupa
04-22 05:22 PM
sparky - I really like your third one. I haven't seen a lot of green stamps. Anyhoo, add some text like the dolllar/cent value of the stamp and I'll add it up :)
more...
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mk6
07-17 06:58 PM
my lawyer missed the 2nd july deadline even when he had all the papers. Now i am asking him to meet 30th july deadline he is not responding . what are the papers needed to file I485. Can I file it without lawyers help? He does have my immunization papers
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srikondoji
08-07 04:41 PM
Location: MA
Job: Software Engineer-Developer
Okay that is so vague. Wages depend on the location of job, type of job, etc.
Job: Software Engineer-Developer
Okay that is so vague. Wages depend on the location of job, type of job, etc.
more...
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psaxena
09-01 10:42 AM
was it EB2 or EB3
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catchagarwal
05-04 05:30 PM
There was no agreement signed. It was just agreed on an email. Am i still bound with the emplyment laws. Just want to understand before taking any steps. Also the project has ended after 4 month but i don't have any document. Also company B can't reveal any internal documents.
more...
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pd_recapturing
10-19 10:02 AM
Actually sometime when you talk to IO, they tell you all the receipt numbers including I-140. It happened with me once. I was inquiring about my I-485 receipt notices and the IO started telling me all the cases , I have filed so far. I guess, when they pull informaton based in your DOB and name, they are able to see everything. At this time, you can request them the RN of I-140. There are bright chances that you get the I-140 information.
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desi3933
09-25 03:22 PM
Thanks a lot for the information. I understood now how that works after H1B is approved and also to come into H1B status. So, If I apply for H1B extension, Will USCIS expect I-94 which is not older than 6 months or something like that?
>> Will USCIS expect I-94 which is not older than 6 months or something like that?
No. Just submit your latest (expired) I-94 along with copy of current EAD card. This will show that you are in status. Your lawyer should know this.
*** Not a legal advise ***
____________________________________
Proud Indian-American and Legal Immigrant
>> Will USCIS expect I-94 which is not older than 6 months or something like that?
No. Just submit your latest (expired) I-94 along with copy of current EAD card. This will show that you are in status. Your lawyer should know this.
*** Not a legal advise ***
____________________________________
Proud Indian-American and Legal Immigrant
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sunny1000
12-15 12:37 AM
Dear All
I will be thankful to you if i can get the responses from some folks who have gone through the situation like mine.
Here is the summary of my case -
1) Came to US in 2004 on F1 visa.
2) Got the job in 2006. Company A applied for H1B in 2007. Got H1B visa stamped on passport valid from September 2007 to September 2010.
3) Was laid off on 16th Novmeber 2007.
4) Company B applied for H1B petition on 21st December 2007 using regular processing. No pay check from company B.
5) Company C applied for H1B petition in March 2008 using premium processing. Comapny C applied based on A and not based on B.
6) Company C's petition got approved but with I 797 B. No I - 94 attached. Attorney asked me to leave the country and come back with a new I 94 as i have an almost brand new visa. I did so. And started working with Company C. Meanwhile, company B's petition was approved in May 2008 without Adjustment of Status (means no I 94 attached only I 797 B)
7) Worked with company C from April 2008 to September 2008. Although, no pay check from 16th November 2007 to 1 April 2008 because company B did not provide any.
8) Got the job with company D. Company D applied for H1B petition and it was approved with I 94 attached ( means I 797A).
Now 2010 is coming and my visa will expire in September 2010.
I want to go to India to get the H1B stamp on my passport with the current employer's I 797 (which is employer D).
I do not have any documentation from Company B except receipt number for H1B petition. I do not have any pay check from company B.
I have paycheck from 1st April 2008 to 31 September 2008 from Company C and 1st October 2008 to till date from Company D.
Will i face problem during visa interview?
I am thankful to your comments and suggestions.
Thanks
Even though the consular officer will not ask for the paystubs from that far back (since it is only required for the current year), he may review your tax returns from previous years(since I think it is still a requirement to bring all the tax returns for all the years you have resided in the U.S for a visa interview) and may find that your income on that year's tax return was low and ask you what happened. I am not saying he/she will for sure but, am asking you to be prepared to answer that question. Also, please be honest with your answer as they do sense a lie a mile away.
Also, on a side note, if you have applied for Greeen Card, Please complete your profile to the best you can.
I will be thankful to you if i can get the responses from some folks who have gone through the situation like mine.
Here is the summary of my case -
1) Came to US in 2004 on F1 visa.
2) Got the job in 2006. Company A applied for H1B in 2007. Got H1B visa stamped on passport valid from September 2007 to September 2010.
3) Was laid off on 16th Novmeber 2007.
4) Company B applied for H1B petition on 21st December 2007 using regular processing. No pay check from company B.
5) Company C applied for H1B petition in March 2008 using premium processing. Comapny C applied based on A and not based on B.
6) Company C's petition got approved but with I 797 B. No I - 94 attached. Attorney asked me to leave the country and come back with a new I 94 as i have an almost brand new visa. I did so. And started working with Company C. Meanwhile, company B's petition was approved in May 2008 without Adjustment of Status (means no I 94 attached only I 797 B)
7) Worked with company C from April 2008 to September 2008. Although, no pay check from 16th November 2007 to 1 April 2008 because company B did not provide any.
8) Got the job with company D. Company D applied for H1B petition and it was approved with I 94 attached ( means I 797A).
Now 2010 is coming and my visa will expire in September 2010.
I want to go to India to get the H1B stamp on my passport with the current employer's I 797 (which is employer D).
I do not have any documentation from Company B except receipt number for H1B petition. I do not have any pay check from company B.
I have paycheck from 1st April 2008 to 31 September 2008 from Company C and 1st October 2008 to till date from Company D.
Will i face problem during visa interview?
I am thankful to your comments and suggestions.
Thanks
Even though the consular officer will not ask for the paystubs from that far back (since it is only required for the current year), he may review your tax returns from previous years(since I think it is still a requirement to bring all the tax returns for all the years you have resided in the U.S for a visa interview) and may find that your income on that year's tax return was low and ask you what happened. I am not saying he/she will for sure but, am asking you to be prepared to answer that question. Also, please be honest with your answer as they do sense a lie a mile away.
Also, on a side note, if you have applied for Greeen Card, Please complete your profile to the best you can.
getgreened2010
11-22 12:04 PM
Thanks guys. I guess I need to change my flight at the last minute.....!
radhay
06-19 02:07 PM
Is there are rule governing how far in advance( before the current EAD expires) we can apply for EAD renewal? Is it ok to apply 7 months in advance?
