GCBy3000
02-12 02:36 PM
If you have approved labor and 140, why you want to file EB2 perm?
1. Are you jumping to another company? Yes you can do this as you are not substituting any labor. You are just porting YOUR PD.
2. Are you thinking to apply ther PERM from the same company? It is possible only if you jump to different department. Yes, you can still port the PD.
Substitution is the terminology used only when the beneficiary name changes. As long as the original labor is in your name, you can port the PD n number of times.
I was reading through a thread here where someone said that since LC substition will be banned soon and 140 will have to be applied within 45 days of labor approval else LC becomes invalid, so it would not be possible to transfer the priority date of a old LC which has I140 approved to a new LC that could be filed in another category since it would be more than 45 days since the old LC was approved. Is this true, if yes, this is the final blow to those apirants in Eb3 aspiring to transfer PD by reapplying in Perm Eb2 and transferring PD based on approved I140. Please respond with comments. Thanks.
1. Are you jumping to another company? Yes you can do this as you are not substituting any labor. You are just porting YOUR PD.
2. Are you thinking to apply ther PERM from the same company? It is possible only if you jump to different department. Yes, you can still port the PD.
Substitution is the terminology used only when the beneficiary name changes. As long as the original labor is in your name, you can port the PD n number of times.
I was reading through a thread here where someone said that since LC substition will be banned soon and 140 will have to be applied within 45 days of labor approval else LC becomes invalid, so it would not be possible to transfer the priority date of a old LC which has I140 approved to a new LC that could be filed in another category since it would be more than 45 days since the old LC was approved. Is this true, if yes, this is the final blow to those apirants in Eb3 aspiring to transfer PD by reapplying in Perm Eb2 and transferring PD based on approved I140. Please respond with comments. Thanks.
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coolgc
05-08 02:54 PM
Thank you, Ms. Reddy for your prompt reply.
Do I have to file another I-485? How does it work? Your advice is greatly appreciated.
Do I have to file another I-485? How does it work? Your advice is greatly appreciated.
gc28262
07-23 07:22 AM
India develops world's cheapest 'laptop' at $35 - dnaindia.com (http://www.dnaindia.com/india/report_india-develops-world-s-cheapest-laptop-at-35_1413493)
New Delhi: India has come up with the world's cheapest laptop, a touch-screen computing device that will cost just $35.
Human resource development minister, Kapil Sibal, this week unveiled the low-cost computing device that is designed for students, saying his department had started talks with global manufacturers to start mass production.
"We have reached a (developmental) stage, that today the motherboard, its chip, its processing, connectivity, all of them cumulatively cost around $35, including memory, display, everything," he told a news conference.
He said the touch-screen gadget was packed with internet browsers, PDF reader and video conferencing facilities, but its hardware was created with sufficient flexibility to incorporate new components according to user requirement.
Sibal said the Linux-based computing device was expected to be introduced to higher education institutions from 2011, but the aim was to drop the price further to $20 and ultimately to $10.
The device was developed by research teams at India's premier technological institutes, the Indian Institute of Technology (IIT) and the Indian Institute of Science.
India spends about three% of its annual budget on school education and has improved its literacy rates to over 64% of its 1.2 billion population, but studies have shown that many students can barely read or write and most state-run schools have inadequate facilities.
New Delhi: India has come up with the world's cheapest laptop, a touch-screen computing device that will cost just $35.
Human resource development minister, Kapil Sibal, this week unveiled the low-cost computing device that is designed for students, saying his department had started talks with global manufacturers to start mass production.
"We have reached a (developmental) stage, that today the motherboard, its chip, its processing, connectivity, all of them cumulatively cost around $35, including memory, display, everything," he told a news conference.
He said the touch-screen gadget was packed with internet browsers, PDF reader and video conferencing facilities, but its hardware was created with sufficient flexibility to incorporate new components according to user requirement.
Sibal said the Linux-based computing device was expected to be introduced to higher education institutions from 2011, but the aim was to drop the price further to $20 and ultimately to $10.
The device was developed by research teams at India's premier technological institutes, the Indian Institute of Technology (IIT) and the Indian Institute of Science.
India spends about three% of its annual budget on school education and has improved its literacy rates to over 64% of its 1.2 billion population, but studies have shown that many students can barely read or write and most state-run schools have inadequate facilities.
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phillyag
02-12 04:02 PM
My company is downsizing for sometime now...and I can be next.
In that case can I move to EAD in the given situation ( as above) ?
In that case can I move to EAD in the given situation ( as above) ?
more...
p_kumar
08-28 04:02 PM
you should use another attorney. How can you go to your employer's attonery(even though he represents you) and ask about taking another job?. Its same as asking your employer.:eek:
franklin
01-23 03:12 PM
That's certainly a lot better than the "spam" i got from Senator Feinstein.
I just got some *#&$ about thanking me for supporting her blue card and AgJOBS initiatives, with not a mention on tackling retrogression issues.
Hardly a huge surprise, but I'm writing back
I just got some *#&$ about thanking me for supporting her blue card and AgJOBS initiatives, with not a mention on tackling retrogression issues.
Hardly a huge surprise, but I'm writing back
more...
dba9ioracle
09-22 12:37 PM
If employer is asking pay cut becuase he is in trouble, you should change the job. I don't think he will do anything (or pay you douple), if you are in trouble even if he is making good money. Move on..
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chantu
02-29 02:18 PM
Well my employer applied for 140 on "some secret date", that he will not tell us :). So I don't know when he filed. I was under impression that he filed long time back almost a year back and it is approved. Suddenly, I received RFE at my home mail (I was surprised as well my employer..that how it arrived to my address) and I found that my I140 is in limbo state. But blessing in disguise was that now I have my I140 number and A# and I can track it online.
I don't know when exactly he filed my labor too. He just gave me one page to sign on labor. so I don't know any details of that too.
I don't know when exactly he filed my labor too. He just gave me one page to sign on labor. so I don't know any details of that too.
more...
add78
10-02 09:48 AM
This is a little tricky.
A person is in a valid H1-B status when
1) He/She is a full time employee of the Sponsoring company AND
2) Receives regularly scheduled (can be weekly/bi-weekly/monthly) salary from the same sponsoring employer which exceeds the amount mentioned in the LCA filed.
Thus, the H1-B status depends on first, an ongoing and current (a.k.a. valid at given moment) employer-employee relationship that satisfies 1) and 2) above.
#2) above is a criteria for #1) above. The employment (a.k.a. employer-employee relationship) is the primary basis (#1) which is "fulfilled" by the regular salary (#2).
In case of a lay-off, the severance pay is determined by the company policy (BTW company cannot discriminate the severance criteria between H1-Bs and GC/Citizens), so the severance could be given to the "laid-off" employee in subsequent regular paychecks or a lump sum amount, depending on company policies.
But, the very fact that he/she will receive severance (no matter over next few regular paychecks or one time payment), implies the "severed" Employer-Employee relationship, which in turn makes the person "NOT" in a valid H1-B status. However, USCIS will give the person some leeway at their discretion to find a new employer who will sponsor his new H1-B (There is no such thing as H1-B transfer, every H1-B is a new application, it's just that the person will not be counted in the cap if he/she has already been counted)
Therefore, in a lay-off situation, it is always better to start to look for a new job with a new employer that will file H1-B for the laid-off person ASAP. The longer you wait, the more you jeopardize your status.
Hope This Helps.
If my answer helped you, please consider donating to Your Own Cause, i.e. IV.
IV = I+We
A person is in a valid H1-B status when
1) He/She is a full time employee of the Sponsoring company AND
2) Receives regularly scheduled (can be weekly/bi-weekly/monthly) salary from the same sponsoring employer which exceeds the amount mentioned in the LCA filed.
Thus, the H1-B status depends on first, an ongoing and current (a.k.a. valid at given moment) employer-employee relationship that satisfies 1) and 2) above.
#2) above is a criteria for #1) above. The employment (a.k.a. employer-employee relationship) is the primary basis (#1) which is "fulfilled" by the regular salary (#2).
In case of a lay-off, the severance pay is determined by the company policy (BTW company cannot discriminate the severance criteria between H1-Bs and GC/Citizens), so the severance could be given to the "laid-off" employee in subsequent regular paychecks or a lump sum amount, depending on company policies.
But, the very fact that he/she will receive severance (no matter over next few regular paychecks or one time payment), implies the "severed" Employer-Employee relationship, which in turn makes the person "NOT" in a valid H1-B status. However, USCIS will give the person some leeway at their discretion to find a new employer who will sponsor his new H1-B (There is no such thing as H1-B transfer, every H1-B is a new application, it's just that the person will not be counted in the cap if he/she has already been counted)
Therefore, in a lay-off situation, it is always better to start to look for a new job with a new employer that will file H1-B for the laid-off person ASAP. The longer you wait, the more you jeopardize your status.
Hope This Helps.
If my answer helped you, please consider donating to Your Own Cause, i.e. IV.
IV = I+We
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EBGreenCard
07-16 12:01 PM
I personally think it�s true specially for FB AOS applicants where no intermediate step like EAD and AP between visitor�s visa and final approval. It may also be true for EB AOS applicants where EAD hasn�t been issued and H1 extension hasn�t filled.
more...
s416504
12-02 12:54 PM
Is this your wife's first 485 application? Any past I485 Applications? It may possible that your wife has old A# number from 2003.
We got an RFE on my wife's I-485 requesting for copy of marriage certificate. Our priority date is August 2005 (EB2). ND is September 05, 2007.
Anyone else in the same boat? Does this mean USCIS has began processing the 2005 apps?
We got an RFE on my wife's I-485 requesting for copy of marriage certificate. Our priority date is August 2005 (EB2). ND is September 05, 2007.
Anyone else in the same boat? Does this mean USCIS has began processing the 2005 apps?
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kondur_007
09-22 05:13 PM
hi,
Thank you all for your reply.
I have no intension of leaving the company, the mgmt is asking me to take the pay cut at this time and they will pay me back after 1 year. so i don't see any issues like they are not willing to pay or anything. I was just trying to get an idea whether this might effect on the green card or not? like, you should get the salary mentioned on file atleast for next 6 month.
Thank you again for all replies.
You will be just fine. Neither you nor your company will have any problem.
Take it easy and relax.
Good Luck.
Thank you all for your reply.
I have no intension of leaving the company, the mgmt is asking me to take the pay cut at this time and they will pay me back after 1 year. so i don't see any issues like they are not willing to pay or anything. I was just trying to get an idea whether this might effect on the green card or not? like, you should get the salary mentioned on file atleast for next 6 month.
Thank you again for all replies.
You will be just fine. Neither you nor your company will have any problem.
Take it easy and relax.
Good Luck.
more...
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sanjay02
08-17 02:31 PM
Hi bsnf
Are you the primary applicant?
Are you the primary applicant?
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larmani
08-13 11:35 PM
I am also in the same boat.
I have an earlier approved I-140 from my previous company (PD : 30 Nov 2005). In addition, I also have an approved I-140 from my current company (PD: 27 March 2007). However, my latest I-140 still shows the priority
date of 27 March, 2007. As My old priority date is current, my attorney sent a letter to TSC requesting for recapture of my previous priority date. But, TSC sent a reply back saying that we should contact National
Service Center. HUG..!!
Did any one in the similar situation? How did you resolve?
Appreciate your help.
I have an earlier approved I-140 from my previous company (PD : 30 Nov 2005). In addition, I also have an approved I-140 from my current company (PD: 27 March 2007). However, my latest I-140 still shows the priority
date of 27 March, 2007. As My old priority date is current, my attorney sent a letter to TSC requesting for recapture of my previous priority date. But, TSC sent a reply back saying that we should contact National
Service Center. HUG..!!
Did any one in the similar situation? How did you resolve?
Appreciate your help.
more...
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glosrfc
01-20 06:28 PM
Strange, I'm not able to replicate the problem. All I can think of is that your mouse has lost focus on the SWF, perhaps due to the over-vigorous motion beforehand? Try clicking on the SWF to regain focus and see if slow moments work for you again.
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martinvisalaw
06-12 05:18 PM
The person should be eligible for H-1B (even if 6 years are complete) as he/she has I-140 pending or approved. If I-140 is pending, then H-1B can be filed for 1 year extension, if I-140 is approved then H-1B extension can be upto 3 years.
My 2 cents.
Yes, she should be able to extend, but we don't know all the facts so cannot say for sure, especially if the former employer withdraws the I-140.
My 2 cents.
Yes, she should be able to extend, but we don't know all the facts so cannot say for sure, especially if the former employer withdraws the I-140.
more...
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coolgc
05-08 08:48 PM
Hello anu_t,
I know that you are not jealous. But just for your information, I have a Ph.d degree. Just because my office attorney filed our GC under EB-2, I thought that should be fine. But now I changed my mind (after waiting for couple of years) and planning to file EB1. You have to do Ph.d plus some years of experience to file in EB-1 category.
Hope that helps,
I know that you are not jealous. But just for your information, I have a Ph.d degree. Just because my office attorney filed our GC under EB-2, I thought that should be fine. But now I changed my mind (after waiting for couple of years) and planning to file EB1. You have to do Ph.d plus some years of experience to file in EB-1 category.
Hope that helps,
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dan19
11-07 12:34 PM
Friends,
Can you all post the names of good consulting companies to work for. Let's create a list here.
Thanks,
Can you all post the names of good consulting companies to work for. Let's create a list here.
Thanks,
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TomPlate
12-03 10:01 AM
I asked an other question which is more related to this and somebody deleted. Please answer these as it is really hard.
Here is my question,
1. After 180 days I would like to change job.
2. My I140 approved in feb 2006.
3. Company needs to file I140 amendment because my company was acquired by a giant company and they will do end of Apr 2008.
4. Can I quit before Apr 2008 will it have any issues in my Green card process.
Here is my question,
1. After 180 days I would like to change job.
2. My I140 approved in feb 2006.
3. Company needs to file I140 amendment because my company was acquired by a giant company and they will do end of Apr 2008.
4. Can I quit before Apr 2008 will it have any issues in my Green card process.
met3259
07-18 04:53 PM
heh..heh.. i guess you're wrong :cool:
my LC haven't came out from BEC mess, PD Feb 2005 - Non RIR/TR (ROW)
just wanna know about this whole green card cap thing
so i can prepare myself mentally how long i have to wait for GC :o
No one knows how long. My guess (I am PD mARCH 2004 ROW) is:
In October ROW EB3 (?) you may be able to apply for I-485 & I-140, BUT you are now in line behind 100,000 ? 50,000 ? 500,000? applicants.
Hopefully this won't happen, but you need to be prepaird for a 1 - 3 year wait. These hundreds of thousands of applicaitons in for I-485 will now back-up that system
Again - hopefully I am wrong. I have been here since March 2001 and am 1 - 3 years away I think.
my LC haven't came out from BEC mess, PD Feb 2005 - Non RIR/TR (ROW)
just wanna know about this whole green card cap thing
so i can prepare myself mentally how long i have to wait for GC :o
No one knows how long. My guess (I am PD mARCH 2004 ROW) is:
In October ROW EB3 (?) you may be able to apply for I-485 & I-140, BUT you are now in line behind 100,000 ? 50,000 ? 500,000? applicants.
Hopefully this won't happen, but you need to be prepaird for a 1 - 3 year wait. These hundreds of thousands of applicaitons in for I-485 will now back-up that system
Again - hopefully I am wrong. I have been here since March 2001 and am 1 - 3 years away I think.
saloni
04-13 06:39 PM
I am derivative beneficiary and have a EAD card through my spouse who is also on H1B. I am currently on H1B and my own I-140 has an RFE.
I am getting an opportunity to venture into an non-IT business.
Can I start my own S-Corp or LLC using EAD and also continue working on H1B with my current employer? What will be status - H1B or Parolee(EAD)
Will I loose my H1B status as soon as I use EAD?
I would like to play safe and rather pass on this business opportunity to my current employer and remain on his H1B too keep my H1B status if it is safer.
Please advise.
I am getting an opportunity to venture into an non-IT business.
Can I start my own S-Corp or LLC using EAD and also continue working on H1B with my current employer? What will be status - H1B or Parolee(EAD)
Will I loose my H1B status as soon as I use EAD?
I would like to play safe and rather pass on this business opportunity to my current employer and remain on his H1B too keep my H1B status if it is safer.
Please advise.
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