like_watching_paint_dry
09-07 09:59 AM
I'm not sure how much help this would be. But I've noticed in the past that companies in India like Wipro et al apply for H1/L1 for their employees and keep the H1 around. And when the need arises, they send them over on short term work assignments (anywhere from 1 - 18 months).
Ideally for the purpose of meetings etc, they should be using the B visa, especially when they have not sponsored an immigrant petition. But in your case, you have an immigrant intent so I guess a H or L is the way to go. Please consult an attorney as I have no idea about what implications your Canadian pay setup will have over the 'pay prevailing wages during H1B presence' issue.
I dont know much about L1 but yours seems perfectly suited for an L1 and I believe L1 can have immigrant intent too. Any reason you cant go on to L1?
Ideally for the purpose of meetings etc, they should be using the B visa, especially when they have not sponsored an immigrant petition. But in your case, you have an immigrant intent so I guess a H or L is the way to go. Please consult an attorney as I have no idea about what implications your Canadian pay setup will have over the 'pay prevailing wages during H1B presence' issue.
I dont know much about L1 but yours seems perfectly suited for an L1 and I believe L1 can have immigrant intent too. Any reason you cant go on to L1?
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shantanup
03-10 01:35 PM
E-mailed
frostrated
06-25 12:56 PM
you need to be physically present in the country when you apply for your AP. you can either have the uscis send it to your address in india, a consular post in india or your address here in the US. i would suggest you have it sent to your address here in the US and then have one of your friends send it by fedex to india. dont use regular post as it might get misplaed or lost, which means you are stuck.
if you are planning to return before your current AP expires, then you dont need a new AP. might as well wait until later this year when they are planning to bring out a new EAD card that also has AP approval in it.
if you are planning to return before your current AP expires, then you dont need a new AP. might as well wait until later this year when they are planning to bring out a new EAD card that also has AP approval in it.
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rinkurazdan
05-31 11:17 AM
Keep the cash rolling...for that will only save us from the gross injustice.
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arunmohan
11-19 03:42 PM
job A designation is Software engineer
Job B designation is DBA
description of both jobs are almost same.
If i switch job using AC21 is there any problem with USCIS?
what is the chance of getting RFE in future?
guys please help me on this question.
Job B designation is DBA
description of both jobs are almost same.
If i switch job using AC21 is there any problem with USCIS?
what is the chance of getting RFE in future?
guys please help me on this question.
ajay_hyd
02-08 12:53 PM
If its been more than 180 days since your 140 was approved, can you not use AC21 to move to a new job (similar). even if the old company revokes the 140, you will get RFE/NOID and you can reply back in specified time.
correct me if i am wrong.
correct me if i am wrong.
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Milind123
07-27 04:20 PM
Your lawyer is correct. Until you get a negative response for your MTR you can work.
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carolva77
05-27 11:50 AM
up
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rahul2699
05-16 08:22 AM
May I know if H1 transfer has any affect on parent�s arrival during the transfer? I sponsored their visa using company A's employment letters and they have a valid visa. Do I need to get a letter from my new employer to avoid issues at POE? At the time of parent�s arrival, I would be working for company A, but by the time they return, I will be switching to company B and moving to a different city. My H1 transfer is already in process.
There should not be any issues with your parents arriving while your transfer is in progress since you'll be working with Company A at the time they enter the country.
There should not be any issues with your parents arriving while your transfer is in progress since you'll be working with Company A at the time they enter the country.
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black_logs
04-17 08:24 AM
I have a friend whose PERM is pending since Dec'2005. But it's not as bad as yours, 10 month is....
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PrayForEveryone
07-11 11:10 AM
140 (EB3) was upgraded to Premium Processing on June 27th 2007 (just before the USCIS suspended premium processing on 140).
It got approved yesterday!
It got approved yesterday!
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shreekhand
08-03 12:45 AM
FYI - Those "guide lines" are known as CFR - Code of Federal Regulations based on US Code (The Law). There is not much they can do outside of a clear CFR.
If the ROW numbers are not used up, they could be used for EB3/EB2 for India 9and China to some extent) at the end of the Fiscal year. All these AILF/AILA lawyers are saying there is no law for doing this.
But I don't see anyone mentioning anywhere that Law prohibits explicitly using those numbers for India EB3, like they did this year. The Visa bulletin provides guidelines on the country cap, but it does not address the unused numbers condition at the end of fiscal year. SO using them for some backlogged countries is not against the law. I think it finally depends on the internal USCIS officials who interprets the law. They will do whatever they want internally within those guide lines. If nothing is written explicitly that it is against the law, then they are not breaking the law. i am not sure if my assumption and interpretation is correct. But these are my thoughts based on events. But This thread has very good observations and study of the past events. Thanks to Dollar500 and Sanju.
If the ROW numbers are not used up, they could be used for EB3/EB2 for India 9and China to some extent) at the end of the Fiscal year. All these AILF/AILA lawyers are saying there is no law for doing this.
But I don't see anyone mentioning anywhere that Law prohibits explicitly using those numbers for India EB3, like they did this year. The Visa bulletin provides guidelines on the country cap, but it does not address the unused numbers condition at the end of fiscal year. SO using them for some backlogged countries is not against the law. I think it finally depends on the internal USCIS officials who interprets the law. They will do whatever they want internally within those guide lines. If nothing is written explicitly that it is against the law, then they are not breaking the law. i am not sure if my assumption and interpretation is correct. But these are my thoughts based on events. But This thread has very good observations and study of the past events. Thanks to Dollar500 and Sanju.
more...
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belmontboy
12-12 08:06 PM
sorry if i am wrong..
How can someonw get a result on 140 with in 6 months, whn the waiting period is more thn 1 yr..
i just dont trust these consultants..
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=7e3355fe4a37a110VgnVCM1000004718190aRCR D&vgnextchannel=68439c7755cb9010VgnVCM10000045f3d6a1 RCRD
How can someonw get a result on 140 with in 6 months, whn the waiting period is more thn 1 yr..
i just dont trust these consultants..
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=7e3355fe4a37a110VgnVCM1000004718190aRCR D&vgnextchannel=68439c7755cb9010VgnVCM10000045f3d6a1 RCRD
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americandesi
08-11 05:39 PM
That is not a flaw in the system and in the USCIS manual, they know it. Since the previous I-140 is already approved and you've stayed more than 6 months in that I-140, then there's no need for the ability to pay. USCIS is treating your case as if you already have a GC, it is just that it is pending.
If one has a GC, he can transfer to another employer. It is your risk if your new employer has not the ability to pay you. The same is true with portability, USCIS doesn't care anymore if you transfer to an employer with no ability to pay you because the first I-140 is already approved and you worked for it already. They are concerned now about your I-485 (AOS) and your qualifications under it.
What you say holds good only if employer A had already paid the proffered wage during those 6 months.
Suppose employer A is currently paying 70K and the wage for the proposed GC position is 80K and if employer A is able to prove that his Net Income or Net Assets is >=80K then it’s sufficient to prove ability to pay. In such a case, he is bound to pay 80K only after I-485 approval.
Going by above, the employee wasn’t paid 80K at anytime. Even then, USCIS approves his I-485 if he is able to provide an offer letter from employer C with similar roles, responsibilities and wage as the proposed GC position with Company A, though the abilty to pay 80K by employer C is in question.
If one has a GC, he can transfer to another employer. It is your risk if your new employer has not the ability to pay you. The same is true with portability, USCIS doesn't care anymore if you transfer to an employer with no ability to pay you because the first I-140 is already approved and you worked for it already. They are concerned now about your I-485 (AOS) and your qualifications under it.
What you say holds good only if employer A had already paid the proffered wage during those 6 months.
Suppose employer A is currently paying 70K and the wage for the proposed GC position is 80K and if employer A is able to prove that his Net Income or Net Assets is >=80K then it’s sufficient to prove ability to pay. In such a case, he is bound to pay 80K only after I-485 approval.
Going by above, the employee wasn’t paid 80K at anytime. Even then, USCIS approves his I-485 if he is able to provide an offer letter from employer C with similar roles, responsibilities and wage as the proposed GC position with Company A, though the abilty to pay 80K by employer C is in question.
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immi2006
08-08 06:22 PM
I guess N +1 syndrome :-)
And you know this how?:confused:
And you know this how?:confused:
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Alabaman
08-21 02:52 PM
If your calculations are right then this is really really bad.
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babu123
06-15 02:00 PM
You can also get a letter from your collegue that worked with that company with all ur job duties mentioned. That serves your purpose I guess.
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don840
04-10 10:58 AM
bump
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HRPRO
03-07 11:29 AM
I haven't file 485 and have no EAD.
Just an approved 140 with looming layoffs.
How many years do you have left on your H-1?
Just an approved 140 with looming layoffs.
How many years do you have left on your H-1?
Better_Days
10-14 07:30 PM
Yes. It happened in my case as well. My I-140 was denied from NSC after having filed I-485. It was refiled (yes refiled in TSC, not MTR and got a different case number). After the I-140 denial my I-485 was also denied. Upon approval on my new I-140 the I-485 was reopened automatically. The online status had not changed from 'Denied". I was surprised when I got my second round of FP notices in August 09. Now the status says "Case has resumed processing". I would however suggest that you ask your attorney to send a letter to USCIS.
I had an I-485 pending when my first I-140 was denied. The cases ended up with AAO.
I started a new GC process in PERM and the second I-140 was approved. After approval I noticed a LUD on my pending 485. I called the 1-800 number and asked for the I-140 number underlying my I-485. To my surprise, I was given the receipt number for the second I-140. What surprised me was that the my priority date was not current.
I can only assume that when one has more than one I-140 pending with the same employer (remember that a I-140 with MTR or with AAO is considered to be pending), the first one to get approved gets linked with the I-485. CAN ANYONE CONFIRM THIS PLEASE?
The interesting thing is that the AAO woke from it's slumber and issued an RFE last week. As a result of the RFE, both my I-140 have changed their status and now show "Post Decision Activity".
I had an I-485 pending when my first I-140 was denied. The cases ended up with AAO.
I started a new GC process in PERM and the second I-140 was approved. After approval I noticed a LUD on my pending 485. I called the 1-800 number and asked for the I-140 number underlying my I-485. To my surprise, I was given the receipt number for the second I-140. What surprised me was that the my priority date was not current.
I can only assume that when one has more than one I-140 pending with the same employer (remember that a I-140 with MTR or with AAO is considered to be pending), the first one to get approved gets linked with the I-485. CAN ANYONE CONFIRM THIS PLEASE?
The interesting thing is that the AAO woke from it's slumber and issued an RFE last week. As a result of the RFE, both my I-140 have changed their status and now show "Post Decision Activity".
snathan
01-31 09:57 PM
Dear all,
I am sorry to post here. I know this is wrong but don't know where to go to. My husband does not have any idea about how to invest his money. Could someone please help me and tell me how you can diversify your savings as an NRI for a safe secure future?
I rely on him for all this but I get no help.
Thank you for your support.
Again, my apologies.
Give it me and will keep it safe for you....:D
It depends on how much you have to invest, whats your future plan, your background and if there is any family property....
Normally you have to have three different kind of investment. 1/3 - cash, 1/3- property and 1/3 in stock or MF. Again 50:50 here and in India if you have plan to go back to India in the future.
Or consider option one.
I am sorry to post here. I know this is wrong but don't know where to go to. My husband does not have any idea about how to invest his money. Could someone please help me and tell me how you can diversify your savings as an NRI for a safe secure future?
I rely on him for all this but I get no help.
Thank you for your support.
Again, my apologies.
Give it me and will keep it safe for you....:D
It depends on how much you have to invest, whats your future plan, your background and if there is any family property....
Normally you have to have three different kind of investment. 1/3 - cash, 1/3- property and 1/3 in stock or MF. Again 50:50 here and in India if you have plan to go back to India in the future.
Or consider option one.
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