ibbu_arif
11-16 10:27 AM
Hello Gurus,
I have been searching various posts and found quite answers to quite a few questions I had in mind, but as usual I am left out with few more queries :)
Following is my current Status
Pending I-485 Application, AP valid till Dec 6th 2008 and EAD Valid till Oct 2010.
Already applied for AP extension for me and my wife on Oct 10 2008 and awaiting for Approval.
I had travelled once on my AP in April 2008 for a week to Visit my sick mother... I understand that this Puts me on parolee status. But Please NOTE that I am still with my H1B Status with my employer. Didn't use my EAD for I-9 forms.
After returning, my employer applied for my H1B extension for 3 years ( I already completed my 6 yrs of H1B). It is already approved and I have a Approved/Valid H1B document till May 30 2011.
From the info in some posts, I understood that this extension puts me back into H1B Status.
Now the actual question :
-------------------------
I had to Visit India in Jan 2009. I already booked my tickets for Jan4th (you know how it is , you always have to book earlier ), with an anticipation that I will get my AP extension Approved before that time. (I gave 3 months time for myself)
If I get my AP approved before I leave then NO Issues, I will again use my AP to re-enter USA in Feb 2009.
But let's assume I don't get it Approved before I leave.
a) Am I allowed to travel outside USA while my AP is Pending ?
b) If allowed, Can my AP get approved while I am outside US (i.e in India) ? Or will they Cancel my AP application?
c) I know I should get my H1B Visa stamping done while in India to re-enter on H1B Status. Do you see any problems that the consular officer/POE officer can create like
why did I leave the country while my AP application is Pending ?
Why are applying for H1B Visa while you could have used your AP?
I appreciate your detailed answers.
Thanks
I have been searching various posts and found quite answers to quite a few questions I had in mind, but as usual I am left out with few more queries :)
Following is my current Status
Pending I-485 Application, AP valid till Dec 6th 2008 and EAD Valid till Oct 2010.
Already applied for AP extension for me and my wife on Oct 10 2008 and awaiting for Approval.
I had travelled once on my AP in April 2008 for a week to Visit my sick mother... I understand that this Puts me on parolee status. But Please NOTE that I am still with my H1B Status with my employer. Didn't use my EAD for I-9 forms.
After returning, my employer applied for my H1B extension for 3 years ( I already completed my 6 yrs of H1B). It is already approved and I have a Approved/Valid H1B document till May 30 2011.
From the info in some posts, I understood that this extension puts me back into H1B Status.
Now the actual question :
-------------------------
I had to Visit India in Jan 2009. I already booked my tickets for Jan4th (you know how it is , you always have to book earlier ), with an anticipation that I will get my AP extension Approved before that time. (I gave 3 months time for myself)
If I get my AP approved before I leave then NO Issues, I will again use my AP to re-enter USA in Feb 2009.
But let's assume I don't get it Approved before I leave.
a) Am I allowed to travel outside USA while my AP is Pending ?
b) If allowed, Can my AP get approved while I am outside US (i.e in India) ? Or will they Cancel my AP application?
c) I know I should get my H1B Visa stamping done while in India to re-enter on H1B Status. Do you see any problems that the consular officer/POE officer can create like
why did I leave the country while my AP application is Pending ?
Why are applying for H1B Visa while you could have used your AP?
I appreciate your detailed answers.
Thanks
wallpaper is a sample of a facebook
rolrblade
03-18 08:14 AM
Hi,
My wife, who is the primary green card applicant is planning to change job from desi consulting company to a fortune 500 company. The fortune 500 company wants to invoke AC21 as 180 days have passed from received date and I140 is approved.
Please let me know if someone has similar experience with the following:
1. Is there any salary restriction on increase from current salary percentage wise?
2. Has anyone used sucessfully AC21 in the past and had no issues with EAD renewals and Green card?
Thanks
Answers below:
1. Technically there is no Salary restriction. As stated above it is a grey area. But, if the job duties are the same and the salary difference is too big (no one knows how much is acceptable without raising questions), then it brings into question if you are still performing the same duties. But basically, you have to make equal to or more than the LC.
2. I have used AC21 before. Have not done EAD renewal yet.
My wife, who is the primary green card applicant is planning to change job from desi consulting company to a fortune 500 company. The fortune 500 company wants to invoke AC21 as 180 days have passed from received date and I140 is approved.
Please let me know if someone has similar experience with the following:
1. Is there any salary restriction on increase from current salary percentage wise?
2. Has anyone used sucessfully AC21 in the past and had no issues with EAD renewals and Green card?
Thanks
Answers below:
1. Technically there is no Salary restriction. As stated above it is a grey area. But, if the job duties are the same and the salary difference is too big (no one knows how much is acceptable without raising questions), then it brings into question if you are still performing the same duties. But basically, you have to make equal to or more than the LC.
2. I have used AC21 before. Have not done EAD renewal yet.
Canadian_Dream
04-15 02:25 PM
Please don't feed the troll.
2011 Examples
Suva
04-17 02:43 PM
hey dude there's nothing in the url u posted once go to the website and click the the pressure list url.that is the actual Noc codes that are active.Today morning when i spoke to the immigraton officer in alberta he was the one who told me ok.
It was mentioned last month in the AINP website that some changes would be there in the NOC list after April 15. Everybody whoever followed this thread saw the message earlier. On April 15 they removed the message from AINP website and apparantly there was no change in NOC list till now. OP gave us correct information when he/she created this thread. See my post in April 15 in this thread and I mentioned that nothing was changed in NOC list. Again going back to my original question did you follow this thread from start? I objected to this comment "I donno why people place messages with Half Knowledge". Apparantly you had the half knowlodge about this whole issue.
It was mentioned last month in the AINP website that some changes would be there in the NOC list after April 15. Everybody whoever followed this thread saw the message earlier. On April 15 they removed the message from AINP website and apparantly there was no change in NOC list till now. OP gave us correct information when he/she created this thread. See my post in April 15 in this thread and I mentioned that nothing was changed in NOC list. Again going back to my original question did you follow this thread from start? I objected to this comment "I donno why people place messages with Half Knowledge". Apparantly you had the half knowlodge about this whole issue.
more...
chanduv23
09-04 04:21 PM
This is yet another inefficiency on their part. When it comes to AC21 your file does not even get updated even though you may have attached I-485 receipt along with AC21 filing. But when the employer revokes I-140 they don't forget to send you NOID or even I-485 denial.
yes it is like electricity department in India - If you miss payments for a particular period - the next moment they stand in front of ur house and block power suppply whereas they are seen nowhere in vicinity when you complain that you have a power cut and need someone to fix it.
yes it is like electricity department in India - If you miss payments for a particular period - the next moment they stand in front of ur house and block power suppply whereas they are seen nowhere in vicinity when you complain that you have a power cut and need someone to fix it.
Joozz
09-21 08:39 AM
Thanks a lot guys for answers and advices.
Another interesting thing that happened to me. After I got this extension I went to Canada and got a new visa in my passport and it’s also valid for two more years. If my H1B extension was made by mistake it looks like I committed a fraud asking visa in my passport based on documents that are not valid.
I am so confused now. Can anybody please recommend a good layer who can give me a legal advice, preferably from central PA?
Another interesting thing that happened to me. After I got this extension I went to Canada and got a new visa in my passport and it’s also valid for two more years. If my H1B extension was made by mistake it looks like I committed a fraud asking visa in my passport based on documents that are not valid.
I am so confused now. Can anybody please recommend a good layer who can give me a legal advice, preferably from central PA?
more...
permfiling
01-22 01:30 PM
^^^^^
2010 NASCAR facebook fan page
reddymjm
05-01 09:47 AM
Cool down and complete your story. Hopefully You did not file ur case like this. Just kidding.
more...
vallabhu
01-02 11:56 AM
Is it BA with Mathematics (honors) or BSC. in Mathematics (honors). or does it say General?
If you are asking about Labor petition It said Mathematics or related feild
if you are my qualification it is BSc with Mathematics. but my trascripts say maths1,maths2, maths3, maths4 as supposed to Mathematics1,Mathematics2,Mathematics3,Mathematics 4.
which made the difference.
but provisional said Mathematics, so adjudicator got confused.
If you are asking about Labor petition It said Mathematics or related feild
if you are my qualification it is BSc with Mathematics. but my trascripts say maths1,maths2, maths3, maths4 as supposed to Mathematics1,Mathematics2,Mathematics3,Mathematics 4.
which made the difference.
but provisional said Mathematics, so adjudicator got confused.
hair Here#39;s an example of Facebook
snathan
05-19 04:25 PM
The statue of limitation is, i believe, 2 years.
No, its only 12 months.
No, its only 12 months.
more...
chanduv23
06-12 10:30 AM
Hi Mr. Singh,
The whole reason for PERM labor certification is to determine whether there are no suitable US citizens who can do the job and it requires the company to apply for your permanent residency. If your company was able to find American citizens for the job I think you should be more worried about your job rather than filing for GC through this company.
Legally I would say that since your company has found the American citizens for the job posting then the job should go to them.
Best look for another job and apply for labor before Oct.
Best of luck.
Why before October?
The whole reason for PERM labor certification is to determine whether there are no suitable US citizens who can do the job and it requires the company to apply for your permanent residency. If your company was able to find American citizens for the job I think you should be more worried about your job rather than filing for GC through this company.
Legally I would say that since your company has found the American citizens for the job posting then the job should go to them.
Best look for another job and apply for labor before Oct.
Best of luck.
Why before October?
hot Example of a Custom Facebook
Alabaman
01-19 08:57 PM
Nothing is going to get done in Congress anymore.
more...
house Facebook Page Template Example
solaris27
02-24 12:54 PM
it was for visa stamping
tattoo dell-facebook-page
rbalaji5
03-19 12:52 PM
Friends,
I heard that,
Priority date is used only for filing the I-485. Once we filed the I-485, GC is provided based on the Receipt date of I-485 if the Visas are available after review
Is it True ?.
I heard that,
Priority date is used only for filing the I-485. Once we filed the I-485, GC is provided based on the Receipt date of I-485 if the Visas are available after review
Is it True ?.
more...
pictures Mike Mueller on Facebook
gcganapati
08-16 12:29 PM
PA dmv sucks..dont worry ...try next day or evening in the same time form diffrent officer...they are some time stupid and they don't know what they are talking..
Take all necessary documents try more times..some officers gives some dont..becuase some of my friend has same issue..they got it...from diffrent officers...dont worry
Take all necessary documents try more times..some officers gives some dont..becuase some of my friend has same issue..they got it...from diffrent officers...dont worry
dresses example - Facebook Profile
SU1979
10-09 01:46 PM
To make you more clear:
The owner of company B was also a partner of company A. He had some problems with his another partner for which he created another company. I did not know anything about it as I always had contact with the owner of company B before coming to the USA. I only came to know when I entered into my first project. I am not sure whether he has generated any fake paystub from company A to transfer my H1B. If it is so, then why my H1B with company B is still pending ? I cannot also ask him as my relation is very bad with him now a days. I am not sure whether he has received or replied any RFE as the online receipt number doesn't indicate anything.
Any more comments ?
Thanks
The owner of company B was also a partner of company A. He had some problems with his another partner for which he created another company. I did not know anything about it as I always had contact with the owner of company B before coming to the USA. I only came to know when I entered into my first project. I am not sure whether he has generated any fake paystub from company A to transfer my H1B. If it is so, then why my H1B with company B is still pending ? I cannot also ask him as my relation is very bad with him now a days. I am not sure whether he has received or replied any RFE as the online receipt number doesn't indicate anything.
Any more comments ?
Thanks
more...
makeup on your own Facebook Page
DDash
08-29 11:39 PM
Try to record few of your conversations with him with a hidden camcorder and/or voice recorder, once you are sure you have enough evidence - talk to a good lawyer, also file for a h1b transfer and change job and once you get into your new job sue this old employer for mental agony and torture etc....... lawyer will manage this
Isnt recording conversations without the consent illegal? :confused:
Isnt recording conversations without the consent illegal? :confused:
girlfriend your Facebook page.
gc_chahiye
02-10 06:24 PM
Weigh in with % raise and take decision. If its around 15%-20% raise with
good benefits etc then move..
cheers
Iad
the spouse is the primary applicant. The OP is dependent/secondary applicant
OP can take even a 3000% raise, change jobs to a completely unrelated field, do whatever he/she wants to do, whenever he/she wants to.
good benefits etc then move..
cheers
Iad
the spouse is the primary applicant. The OP is dependent/secondary applicant
OP can take even a 3000% raise, change jobs to a completely unrelated field, do whatever he/she wants to do, whenever he/she wants to.
hairstyles The example used by Mashable#39;s
rongha_2000
10-02 11:59 AM
My wife has a non-working SSN. Will she need to convert it (or apply for a new SSN) to working SSN once she starts working persuant to EAD?
Once you received your EAD card, you can apply for SSN.
Once you received your EAD card, you can apply for SSN.
Vet04
12-08 11:53 AM
I have been in USA Since 2003.
I started the GC process in 2004, started the process again, recaptured old PD. Was hoping to get GC this year when my PD was current for 2 months. Hope will get it this year.
After moving I saw lots of engineer,mostly software, seemed happy with jobs. Started doing some search and found that this is one of the least stressful jobs in US with great salary and growth potential. Thanks for the views guys, would like to know if can do MS with a bachelors in non engineering field.
I started the GC process in 2004, started the process again, recaptured old PD. Was hoping to get GC this year when my PD was current for 2 months. Hope will get it this year.
After moving I saw lots of engineer,mostly software, seemed happy with jobs. Started doing some search and found that this is one of the least stressful jobs in US with great salary and growth potential. Thanks for the views guys, would like to know if can do MS with a bachelors in non engineering field.
ruchigup
08-22 03:11 PM
Doesnt make sense to pay $2500 for retaining the lawyer, they are trying to squeeze maximum out of you. If you are changing employer ask if the new company has an immigration lawyer and you can have him for your services. If they dont have any one you can engage services of your own immigration lawyer and have the new lawyer sign the G-28 form. Also please post the name of law firm and your employer so that others can be cautious.
I am changing my employer and wanted to retain the services of legal firm representing current employer. Upon asking that I want to retain their services after I leave current employer, I have been told to pay upfront retainer fee of $2500.
- Is it normally the case? I have been told that this fee will be put in my account with the firm and used to pay the charges for the services I request.
- If with God's grace my case is approved without requiring attorney's help, is this retainer refundable in full (I have asked attorney this question and waiting for thier reply). Anybody has a similar experience.
New employer has Fragomen and I heard there is lot of negative air about their procedures on PERM. Current employer legal firm is Baker McKenzie.
I am kind of reluctant to have Fragomen as my attorney representation
I am changing my employer and wanted to retain the services of legal firm representing current employer. Upon asking that I want to retain their services after I leave current employer, I have been told to pay upfront retainer fee of $2500.
- Is it normally the case? I have been told that this fee will be put in my account with the firm and used to pay the charges for the services I request.
- If with God's grace my case is approved without requiring attorney's help, is this retainer refundable in full (I have asked attorney this question and waiting for thier reply). Anybody has a similar experience.
New employer has Fragomen and I heard there is lot of negative air about their procedures on PERM. Current employer legal firm is Baker McKenzie.
I am kind of reluctant to have Fragomen as my attorney representation
No comments:
Post a Comment