krishnam70
10-02 03:40 PM
Hello Everybody,
Due to budget restrictions, I may be getting laid off from my company soon. I have filed for I-485 and have received EAD. I am currently on H1B. I have a citizen friend who runs his own company. He has no employees. He does pretty much all work by him self or get it done by hiring outsouced help whenever needed. He has a legitimate company - but he does not have big revenue (May be 100K/ year). Would it be okay if I join his company on EAD to get my GC going or should I look for a firm that employs lot of people and has sizable revenues. What (if any) are any risks?
Thank you.
Some scenarios to consider
1. If 140 is approved and its been 6 months since date of 485 application and your company who sponsored is not revoking 140, then ability to pay might not matter and you don't care since you can use AC21
2. If 140 is approved and it has not been 6 months since 485 application date and you are on good terms with and your employer is not going to revoke your 140 , take an unpaid vacation to fill the 6 months gap if you can, then you are still safe to use AC21.
3. If your 140 is not approved but you have passed the 180 days litmus test and you use AC21 to move to another employer then the ability to pay might come in to picture if any RFE is done by USCIS.
4. If 140 is not approved and you have not passed 180 days its a variation of the 2nd case and if you can pull it off you can use AC21 and work elsewhere later.
there might be other scenarios but consider each of them carefully before making the decision. While it might seem a simple decision having come so far in your journey you don't want to make as wrong decision only to rue it.
- good luck
Due to budget restrictions, I may be getting laid off from my company soon. I have filed for I-485 and have received EAD. I am currently on H1B. I have a citizen friend who runs his own company. He has no employees. He does pretty much all work by him self or get it done by hiring outsouced help whenever needed. He has a legitimate company - but he does not have big revenue (May be 100K/ year). Would it be okay if I join his company on EAD to get my GC going or should I look for a firm that employs lot of people and has sizable revenues. What (if any) are any risks?
Thank you.
Some scenarios to consider
1. If 140 is approved and its been 6 months since date of 485 application and your company who sponsored is not revoking 140, then ability to pay might not matter and you don't care since you can use AC21
2. If 140 is approved and it has not been 6 months since 485 application date and you are on good terms with and your employer is not going to revoke your 140 , take an unpaid vacation to fill the 6 months gap if you can, then you are still safe to use AC21.
3. If your 140 is not approved but you have passed the 180 days litmus test and you use AC21 to move to another employer then the ability to pay might come in to picture if any RFE is done by USCIS.
4. If 140 is not approved and you have not passed 180 days its a variation of the 2nd case and if you can pull it off you can use AC21 and work elsewhere later.
there might be other scenarios but consider each of them carefully before making the decision. While it might seem a simple decision having come so far in your journey you don't want to make as wrong decision only to rue it.
- good luck
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GotFreedom?
08-18 08:42 PM
Sorry to hear about the denial bro. 3 yrs + PG Diploma stands no chance getting an EB2 approval regardless of your experience. It sucks bad but its the bitter truth. In my honest opinion please do not waste time and money on lawyers in continuing to pursue that case. You should be able to verify this in so many other threads discussing this topic from people's personal experiences.
Get your case started in EB3 category ASAP with right educational requirements and maintain a valid H1B!!
I feel for you man and good luck!!
Get your case started in EB3 category ASAP with right educational requirements and maintain a valid H1B!!
I feel for you man and good luck!!
lazycis
12-20 12:49 PM
My understanding is that I-140 has to be approved to interfile. That's how it used to be anyway (you could not file I-485 concurrently). Anyway, interfile is not automatic so why the lawyer cannot file a second I-140 is beyond my understanding. Interfile exists so that you do not have to refile I-485, but it's up to you whether you want to do it or not.
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GC_1000Watt
08-05 03:45 PM
The company I work for in USA has a India Office.
That office paid the exact NEW fees through HDFC.
They then couriered the HDFC receipts to my home in India.
I arrived in my city.
Went to VFS office, submitted the required doc's.
They created the courier package which is used to send the passport back.
After few days I went to the US consulate as per my scheduled appointment.
I use the VFS lounge service which helps because I had luggage etc.
It was quite a smooth process in Mumbai, except that it took 2 hours of waiting.
My 9:30 appt actually happened at 11:45.....
But yes, there were many many people who had demand draft's in their hand, either of full fees or the difference.....
Thanks man!
Did you stay in nearby hotel to consulate? If yes please share name.
That office paid the exact NEW fees through HDFC.
They then couriered the HDFC receipts to my home in India.
I arrived in my city.
Went to VFS office, submitted the required doc's.
They created the courier package which is used to send the passport back.
After few days I went to the US consulate as per my scheduled appointment.
I use the VFS lounge service which helps because I had luggage etc.
It was quite a smooth process in Mumbai, except that it took 2 hours of waiting.
My 9:30 appt actually happened at 11:45.....
But yes, there were many many people who had demand draft's in their hand, either of full fees or the difference.....
Thanks man!
Did you stay in nearby hotel to consulate? If yes please share name.
more...
GCWhru
09-19 06:48 PM
Funny to read this thread, another lighten up thread. :)
![sad quotes about life and love. Emo/sad love quotes. Enjoy ]](http://farm3.static.flickr.com/2278/2510988354_56bae3780d.jpg "Emo/sad love quotes. Enjoy ]")
praveenuppaluri
08-21 03:29 PM
thanks, it sure clarifies things.. and from what I read, these applications work in parallel. RFE on one application has no efffect on the other one. you just have to wait for one of them to come through, mostly probably EB1A. once you get approved on EB1A, they will cancel the remaining 2 applications. Good luck..
There is a reason for multiple I 140s in my case. There are benefits to each of them:
1. EB2 PERM based: already have it approved.
2. EB2 NIW:
3. EB1A (My best bet!)
Hope this clarifies....
There is a reason for multiple I 140s in my case. There are benefits to each of them:
1. EB2 PERM based: already have it approved.
2. EB2 NIW:
3. EB1A (My best bet!)
Hope this clarifies....
more...
NolaIndian32
02-11 07:35 PM
Are there any runners, joggers, walkers out there? Has anyone heard of running teams like Team Leukemia, Team AIDS, Race for the Cure - Team Susan G Komen??
Well, I would like to propose a Team IV. There would be a nominal fee, say $50 or $75, to join the walking/running club and you would get one running T shirt (with IV logo) to wear at local runs/walks. This way we get our name out in the community. And just like Team Leukemia, each Team IV member will conduct 1 fundraising event per quarter or per 6 months. At the end of the fundraising year, we should donate a portion of our collections to a local or national charity. The donation will come from Immigration Voice. This way, Immigration Voice members have another reason to be proud of what we bring to the plate as employment based legal immigrants.
If there is such a running/walking team out there, please let me know as I would love to join and support the cause. If there is interest to establish such a Team, please let me know.
Well, I would like to propose a Team IV. There would be a nominal fee, say $50 or $75, to join the walking/running club and you would get one running T shirt (with IV logo) to wear at local runs/walks. This way we get our name out in the community. And just like Team Leukemia, each Team IV member will conduct 1 fundraising event per quarter or per 6 months. At the end of the fundraising year, we should donate a portion of our collections to a local or national charity. The donation will come from Immigration Voice. This way, Immigration Voice members have another reason to be proud of what we bring to the plate as employment based legal immigrants.
If there is such a running/walking team out there, please let me know as I would love to join and support the cause. If there is interest to establish such a Team, please let me know.
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cupidking
06-10 11:42 AM
Hello ppl, :)
I'm from the western suburb of Chicago..l'm new to this forum and would like to sign-up / subscribe for the IL Immigration forum.. Please let me know the process involved..
Thank you
I'm from the western suburb of Chicago..l'm new to this forum and would like to sign-up / subscribe for the IL Immigration forum.. Please let me know the process involved..
Thank you
more...
kode
01-03 02:04 PM
I'm hoping you give us tons of time for this. It takes a lot longer than I first imagined!
I agree. I'd need about a year or so :P
plus .. this will be my first attempt at pixel art :sleep:
I agree. I'd need about a year or so :P
plus .. this will be my first attempt at pixel art :sleep:
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gconmymind
07-09 06:42 PM
For 3-9 years, it is a good news.
For 10 and 10+ years, this is already laws in place in terms Social Security benefits. Hope that this does not worsen. Presently, retirement and some other benefits are available to foreign nationals such as India, if 40 points are accumulated.
Let us say I accumulate 40 points and return to India for good. Do I still get Social Security in India if -
1. I am a US Citizen living in India?
2. If I am a GC holder living in India?
3. I am neither a US citizen nor a GC holder living in India?
Any helpful links are appreciated. I have tried to calculate benefits using Social Security benefits calculator, but if you key in residence outside USA and non-citizen, it does not work...
For 10 and 10+ years, this is already laws in place in terms Social Security benefits. Hope that this does not worsen. Presently, retirement and some other benefits are available to foreign nationals such as India, if 40 points are accumulated.
Let us say I accumulate 40 points and return to India for good. Do I still get Social Security in India if -
1. I am a US Citizen living in India?
2. If I am a GC holder living in India?
3. I am neither a US citizen nor a GC holder living in India?
Any helpful links are appreciated. I have tried to calculate benefits using Social Security benefits calculator, but if you key in residence outside USA and non-citizen, it does not work...
more...
gimme_GC2006
04-09 11:50 PM
1. you have two hands and two middle finger...just show to him and move on.
2. Or call the dol and inform all...and he will be in soup.
Put everything in e mail or certified mail and pass all those information to dol and move on.
You dont have to bother anything else.
heheh :D
2. Or call the dol and inform all...and he will be in soup.
Put everything in e mail or certified mail and pass all those information to dol and move on.
You dont have to bother anything else.
heheh :D
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eb3_nepa
04-23 01:21 PM
USCIS has known to send straight denials even though they are supposed to send NOID when an employer revokes 140. There are many examples where people sent in ac21 or not.
However; in just about every case it eventually got reopened. In the mean time there are many anxious moments while waiting for uscis to reopen the case (can't get ead renewed/ if outside the country wouldn't be allowed back on AP).
USCIS sometimes takes their time reopening the case (upto 7 or 8 months). If you don't have h-1b then there is no legal basis to stay here while waiting for the case to reopen. Can't work, etc. However; if you overstay by six months and they don't reopen the case then the 3 and 10 year bars will kick in and you can kick the greencard away.
Key thing is whether employer revokes 140. If they do then it causes anxious moments. USCIS has also started to revoke approved I-140's on their own when companies respond to rfe's on other candidates 140's (ie., ability to pay for all people together). If uscis revokes it on their own then ac21 does not protect you at all.
I think we are confusing multiple issues here. Once the 6 month period is over where the I-140 is approved and the I-485 is pending for 180 days it does NOT matter if the employer revokes the I-140 or not. You are good to go! (Unless ur a classified terrorist or a criminal).
The only question is, Can you still get a 3 year extention based on a I-140 that is revoked? I am thinking that may be an issue. In that scenario, you would be forced to play the EAD card.
However; in just about every case it eventually got reopened. In the mean time there are many anxious moments while waiting for uscis to reopen the case (can't get ead renewed/ if outside the country wouldn't be allowed back on AP).
USCIS sometimes takes their time reopening the case (upto 7 or 8 months). If you don't have h-1b then there is no legal basis to stay here while waiting for the case to reopen. Can't work, etc. However; if you overstay by six months and they don't reopen the case then the 3 and 10 year bars will kick in and you can kick the greencard away.
Key thing is whether employer revokes 140. If they do then it causes anxious moments. USCIS has also started to revoke approved I-140's on their own when companies respond to rfe's on other candidates 140's (ie., ability to pay for all people together). If uscis revokes it on their own then ac21 does not protect you at all.
I think we are confusing multiple issues here. Once the 6 month period is over where the I-140 is approved and the I-485 is pending for 180 days it does NOT matter if the employer revokes the I-140 or not. You are good to go! (Unless ur a classified terrorist or a criminal).
The only question is, Can you still get a 3 year extention based on a I-140 that is revoked? I am thinking that may be an issue. In that scenario, you would be forced to play the EAD card.
more...
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kunallen
01-18 11:11 PM
please guys... I'd really appreciate any reply...
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gc_eb2_waiter
07-13 05:21 PM
Jun 2007 was released after 5:30pm CST.
more...
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slns
04-11 09:12 PM
Do you have a question for IV?
post it here...i'll compile a list once i have a good number of them
if you know the answer to a question...please reply
I would very much appreciate it if we can keep it civil and avoid hijacking this thread :)
Q. What is Immigration Voice's agenda and purpose?
A. The agenda is to lobby US Lawmakers for legislation to help clear the backlog for Employment Based green cards
2)How long I485 will take to process after becoming current priority date
Pls post your answers below
TEXAS---
NEBRASAKA----
Thanks
slns
post it here...i'll compile a list once i have a good number of them
if you know the answer to a question...please reply
I would very much appreciate it if we can keep it civil and avoid hijacking this thread :)
Q. What is Immigration Voice's agenda and purpose?
A. The agenda is to lobby US Lawmakers for legislation to help clear the backlog for Employment Based green cards
2)How long I485 will take to process after becoming current priority date
Pls post your answers below
TEXAS---
NEBRASAKA----
Thanks
slns
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loudobbs
08-23 04:33 PM
I got my AOS receipts on Aug 17 th. Would all applicants get fingerprinting notice or only those whose priority date is current?
Any experts comment please.
Any experts comment please.
more...
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pappu
11-30 12:55 PM
Lets not deligate things to others. What ever you feel will help IV and the problem of retrogression, just go ahead and do it and post a note here so as to encorage others to come with similar ideas.
WillIBLucky, Thanks for your initiatives. would you like to collect email ids of all members and organize a confrence call to activate the state chapter? This will start the chapter activities and members can start working together with the action items. Post your name, email and phone on the thread so that all members can contact you.
WillIBLucky, Thanks for your initiatives. would you like to collect email ids of all members and organize a confrence call to activate the state chapter? This will start the chapter activities and members can start working together with the action items. Post your name, email and phone on the thread so that all members can contact you.
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ras
05-22 03:57 PM
my employment is terminated a month ago. I still need to file h1 transfer to the GC sponser. I am single
I am told that H1 can be transferred only with in 10 days-20 days or so. which means that it is already a month. so in case if I dont get the h1 or if I have an issue in the H1 transfer, is that the end of my being H1.
If I were to be on H1 again is it going to come under the cap along with those new H1 filers? I still have one and half years to complete 6 years.
I have a fall back to EAD though based an approved 140 and 180 days past 485.
But how do I get the spouse then???
Let me be clear. my H1 is with a different employer than the future GC sponsor. I never worked for the GC sponsor and that is the reason wanting to get the H1 transferred to sponsoring company. As said I 140 approved and I 485 passed 180days.
I was under the impression that you can switch over to H1 from EAD easily.
if there is a gap of 40days will it be ok to file H1 transfer? assuming that I get the H1 approved. Will this gap any issue in 485 adjudication?
I am told that H1 can be transferred only with in 10 days-20 days or so. which means that it is already a month. so in case if I dont get the h1 or if I have an issue in the H1 transfer, is that the end of my being H1.
If I were to be on H1 again is it going to come under the cap along with those new H1 filers? I still have one and half years to complete 6 years.
I have a fall back to EAD though based an approved 140 and 180 days past 485.
But how do I get the spouse then???
Let me be clear. my H1 is with a different employer than the future GC sponsor. I never worked for the GC sponsor and that is the reason wanting to get the H1 transferred to sponsoring company. As said I 140 approved and I 485 passed 180days.
I was under the impression that you can switch over to H1 from EAD easily.
if there is a gap of 40days will it be ok to file H1 transfer? assuming that I get the H1 approved. Will this gap any issue in 485 adjudication?
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DDash
03-25 10:08 AM
H1+H-4 Extension: Applied DEC/18/2007. No Lud. Still pending
myimmivoice
04-04 12:44 PM
Core team and IV,
You are doing great work. Keep it up. Great progress in short time.
Positive approach wins.
You are doing great work. Keep it up. Great progress in short time.
Positive approach wins.
sohilbt
07-07 03:55 PM
I too received EVL RFE...however, my lawyer created the letter w/o any reference to AC21...except saying that my duties remains more than X ( > 50 or more)% same as compared to one filed in I-140 application and salary remains above required level.
I had discuss this with HR before joining new position...they had no problem with it.
I had discuss this with HR before joining new position...they had no problem with it.
