thesparky007
05-24 08:24 PM
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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.
mbawa2574
07-07 07:53 PM
I am not sure what happened but my last thread is not showing up on the main page. So I have started a new one.
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surabhi
08-11 10:39 AM
Hi
You may already be knowing this. But a note of caution, after hearing few horror stories on H4 going out of status involuntarily.
Extension of renewal on H1 does not mean H4 is automatically renewed. Your new H1b is valid until 2009. Unless you have filed I-539 along with your H1b renewal application, your wife is not going to get new I-94. So if her I-94 is expiring december 2007, she will be out of status after that date, not withstanding your H1B validiity.
It doesnt matter if her visa stamp has your latest employer listed. The single most important thing that will determine her legal status is the validity of I-94 stamp
You may already be knowing this. But a note of caution, after hearing few horror stories on H4 going out of status involuntarily.
Extension of renewal on H1 does not mean H4 is automatically renewed. Your new H1b is valid until 2009. Unless you have filed I-539 along with your H1b renewal application, your wife is not going to get new I-94. So if her I-94 is expiring december 2007, she will be out of status after that date, not withstanding your H1B validiity.
It doesnt matter if her visa stamp has your latest employer listed. The single most important thing that will determine her legal status is the validity of I-94 stamp
more...
snathan
07-23 11:43 AM
I would advise you to minimise the risk rather than money. May be you can start the GC for future employment. It will take time to do the PERM process and in the mean time you can complete your current project also.
1. Start the H1 transfer and GC process now itself.
2. Stay with your current employer until the project is over.
3. Take the money and join the new company at end of six month if everything goes smooth.
By doing this you get the money and also minimise the risk with new employer. But you need to get the consultant who is ready to do this.
1. Start the H1 transfer and GC process now itself.
2. Stay with your current employer until the project is over.
3. Take the money and join the new company at end of six month if everything goes smooth.
By doing this you get the money and also minimise the risk with new employer. But you need to get the consultant who is ready to do this.
snathan
12-03 09:56 AM
in politics everything is give and take + "my side needs to get the best deal" attitude.
I am conflicted about Dream.
On the one hand, if it passes, the illegal community is pacified for the short term and if legal immigration is taken up immediately, they will not oppose us.
On the other, if it does not pass, we might have to wait for CIR or whatever else. Neither Republicans nor Democrats care to sponsor a bill just for our issues. They will continue to talk about amnesty vs enforcement.
Unless of course, we as a community step up, meet with lawmakers repeatedly, get them to take our issue seriously............
Who gave you that assurance....?:confused:
Seriously I pray for this bill to fail...if there is no relief for legals. I am not interested to pay for the illegal and their docs to be processed with my money.
I am conflicted about Dream.
On the one hand, if it passes, the illegal community is pacified for the short term and if legal immigration is taken up immediately, they will not oppose us.
On the other, if it does not pass, we might have to wait for CIR or whatever else. Neither Republicans nor Democrats care to sponsor a bill just for our issues. They will continue to talk about amnesty vs enforcement.
Unless of course, we as a community step up, meet with lawmakers repeatedly, get them to take our issue seriously............
Who gave you that assurance....?:confused:
Seriously I pray for this bill to fail...if there is no relief for legals. I am not interested to pay for the illegal and their docs to be processed with my money.
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nixstor
10-25 06:08 PM
I posted my comment about legal High Skilled immigration.
See my comment #263
I just skimmed through the page and I see that there are 7 or 8 questions on Highly Skilled Immigration. Any one interested can post their Q as well so that we can make more impact. There are only 300 Q's and I hope he addresses Legal Immigration. Post your Q's. He is an expected Senatorial Candidate in 2008 out of VA.
See my comment #263
I just skimmed through the page and I see that there are 7 or 8 questions on Highly Skilled Immigration. Any one interested can post their Q as well so that we can make more impact. There are only 300 Q's and I hope he addresses Legal Immigration. Post your Q's. He is an expected Senatorial Candidate in 2008 out of VA.
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indyanguy
03-27 01:25 PM
Can you elaborate on how the franchise thing works with respect to the investment required, the challenges in running one of these and the potential in financial returns?
Just curious to know (and am sure a lot of other people are as well)
Just curious to know (and am sure a lot of other people are as well)
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eagerr2i
07-20 01:38 PM
Atleast that is one thing good in California. May be because we pay the highest state taxes in the nation next to NY. If you are living in the border areas. check with IL or IN about their feee schedule and explore if she could enroll in one of the colleges there. Most of the states in midwest grant instate tution to residents of neighbouring states who are in the neighbourhood counties. I know for sure that Indiana does. They also charge instate tution for spouses since you are a resident of the state.
The law states that you will be charged instate tution if you are a resident of the state by virtue of living in the state except in cases where you come to the state to get education. Check it again for Michigan and expore the neighbouring states as well. Best of luck.
The law states that you will be charged instate tution if you are a resident of the state by virtue of living in the state except in cases where you come to the state to get education. Check it again for Michigan and expore the neighbouring states as well. Best of luck.
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k3GC
07-28 11:51 AM
Guys - I apologize, I was not aware that this has been already discussed extensively.
The truth of the matter is that our organization needs funds. The ideal way to get funds is for every member to understand the value of IV and contribute. That will take its own course.
In addition to that i think we should look at events as they happen that affect our community and use those to rally our members and get additional help from them - time, resources and money and we have done that in the past and have succeeded. When our bills passed in the senate and we needed money to lobby the house, a call was made and people did contribute.I think constructive feelings of hope, happiness and success do encourage people.
If things happen as folks expect and a lot of IV members do get their GC in the next 2 months, i think this would be an event to target and request members to contribute to IV.
So fine with me if this has already been discussed, Can we promote this and track it. Would it be too much to add a second thread that talks about contributions to IV when i look at 5 threads at the top of the list that all track LUD's :)
The truth of the matter is that our organization needs funds. The ideal way to get funds is for every member to understand the value of IV and contribute. That will take its own course.
In addition to that i think we should look at events as they happen that affect our community and use those to rally our members and get additional help from them - time, resources and money and we have done that in the past and have succeeded. When our bills passed in the senate and we needed money to lobby the house, a call was made and people did contribute.I think constructive feelings of hope, happiness and success do encourage people.
If things happen as folks expect and a lot of IV members do get their GC in the next 2 months, i think this would be an event to target and request members to contribute to IV.
So fine with me if this has already been discussed, Can we promote this and track it. Would it be too much to add a second thread that talks about contributions to IV when i look at 5 threads at the top of the list that all track LUD's :)
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sonu9
07-28 05:59 PM
:mad:Hello Attorneys/ known guys,
How are you doing ? i am new to here. i will fill all details soon. sorry for that.
Before i stayed in place "X " which comes under nebrasaka centre, applied for 485, ead and ap. my company also in " X " only.
Right now i am in place " Y " which comes under Texas centre ( because of my job i moved recently) . Now i want to renew my ead and ap my self . my job, payroll and living is in place " Y " only.
But my pemanent address is " X " only. I want to continue that for my full GC process.
what my question is what i have to mention the address for my ead and ap renewal ?
1) is it "X " address as it is my permanent address and applied my 485 also from there and wish to continue or my "Y " address as i am working , living and payroll are here ?
2) If i mention " X " address is there any problem ? , dont think wrongly as i really dont know
3) if i put " Y " address is my case ead and ap along with 485 will move to Texas centre ?
i really want to avoid it if chances are there in good way as my case before everything in Nebrasca centre compared to Texas centre procesing time is good
4) If i put " Y " address i will get any RFE ?
I really dont want that as my 485 was applied from " X " place.
please answer . Thankyou in advance.
How are you doing ? i am new to here. i will fill all details soon. sorry for that.
Before i stayed in place "X " which comes under nebrasaka centre, applied for 485, ead and ap. my company also in " X " only.
Right now i am in place " Y " which comes under Texas centre ( because of my job i moved recently) . Now i want to renew my ead and ap my self . my job, payroll and living is in place " Y " only.
But my pemanent address is " X " only. I want to continue that for my full GC process.
what my question is what i have to mention the address for my ead and ap renewal ?
1) is it "X " address as it is my permanent address and applied my 485 also from there and wish to continue or my "Y " address as i am working , living and payroll are here ?
2) If i mention " X " address is there any problem ? , dont think wrongly as i really dont know
3) if i put " Y " address is my case ead and ap along with 485 will move to Texas centre ?
i really want to avoid it if chances are there in good way as my case before everything in Nebrasca centre compared to Texas centre procesing time is good
4) If i put " Y " address i will get any RFE ?
I really dont want that as my 485 was applied from " X " place.
please answer . Thankyou in advance.
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jscris
July 18th, 2004, 10:43 AM
Nice! I think I like the second better, too.
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grupak
02-06 05:48 PM
Job duties and same/similar job functions will be deciding factor. If your GC is for Programmer Analyst and if you become manager as Assets Manager, it will be an issue. If you are promoted as IT manager having significant overlap of job functions, you should be fine.
if you are like my manager, who forgot how to open IDE and always works on some obsolete excel sheets/ project plans/ outlook, you will have trouble...
Bottomline, dont leave development even if you become manager.
Good advice vamsi_poondla. Changing job is always a problem in I-485 stage. Making this more flexible is one of the administrative fixes IV is proposing in the letter to the President. One more reason for everyone to mail that letter, if not mailed already.
if you are like my manager, who forgot how to open IDE and always works on some obsolete excel sheets/ project plans/ outlook, you will have trouble...
Bottomline, dont leave development even if you become manager.
Good advice vamsi_poondla. Changing job is always a problem in I-485 stage. Making this more flexible is one of the administrative fixes IV is proposing in the letter to the President. One more reason for everyone to mail that letter, if not mailed already.
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dcrtrv27
10-09 01:16 PM
This was big surprize to me. Mine and my spuse had hard LUD on our I485 with the current status as :Notice Returned as Undeliverable. There wer no other updates or status change or approval or denial or soft LUD etc.
The most surpising to me that both of us received the Finger Printing notices on our new address just a month ago.
This is really frustrating.
When I called up the 800 number the lady said just ignore this status as this is some computer glitch.
Dont know what to do just believe her or try to do something else?
Need help ! any one out there in same situation???
The most surpising to me that both of us received the Finger Printing notices on our new address just a month ago.
This is really frustrating.
When I called up the 800 number the lady said just ignore this status as this is some computer glitch.
Dont know what to do just believe her or try to do something else?
Need help ! any one out there in same situation???
more...
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msr999
03-03 08:41 PM
EB2 gets unused EB1 quota. So potentially more GC numbers under EB2. Now I am not sure if EB1 is fully utilized or not so it might not really matter.
I have been thinking in what way EB2 vs EB3 matters after filing 485. Here is the scenario..
My friend (EB2-INDIA-Labor_Dec2005-485_receipt_Date_072007) and I (EB3-INDIA--Labor_Dec2001-485_receipt_Date_062007) have filed our I-485 almost same time...
Assume that all Dates are curent now...My friend was saying that he will get his GC prior to me since he is EB2...
My question is in what way EB2 vs EB3 matters once we file I-485. According to me, as long as Visa dates are current EB2/EB3 does not matter. It all depends of RD (Receipt Date) when Visa dates are current..
Please correct me if I am wrong...
I have been thinking in what way EB2 vs EB3 matters after filing 485. Here is the scenario..
My friend (EB2-INDIA-Labor_Dec2005-485_receipt_Date_072007) and I (EB3-INDIA--Labor_Dec2001-485_receipt_Date_062007) have filed our I-485 almost same time...
Assume that all Dates are curent now...My friend was saying that he will get his GC prior to me since he is EB2...
My question is in what way EB2 vs EB3 matters once we file I-485. According to me, as long as Visa dates are current EB2/EB3 does not matter. It all depends of RD (Receipt Date) when Visa dates are current..
Please correct me if I am wrong...
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gcisadawg
03-30 08:20 PM
If you apply for extnsion, please keep in mind your parents stays in US until you receive their approval extension. If they travel outside the while case pending and if they try to renter before case is approved, they will deny at POE and cancel and 10 Year multiple visa. Be very careful here.
I applied for an extension for my mother-in-law. It was approved several months after her I-94 expiration date. But she left to India two days before her I-94 expiration date. I even sent a letter asking them to cancel/withdraw my application. They didnt care and went ahead and approved. When it came, it was pretty much useless!
What I heard was, when you apply for an extension, the stay after I-94 expiration date is approved by US Attorney general for certain number of days. We didn't pursue that option since we thought that it could jeopardize her subsequent trip.
I applied for an extension for my mother-in-law. It was approved several months after her I-94 expiration date. But she left to India two days before her I-94 expiration date. I even sent a letter asking them to cancel/withdraw my application. They didnt care and went ahead and approved. When it came, it was pretty much useless!
What I heard was, when you apply for an extension, the stay after I-94 expiration date is approved by US Attorney general for certain number of days. We didn't pursue that option since we thought that it could jeopardize her subsequent trip.
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gauravster
04-22 11:07 AM
What I say should not be construed as any form of legal advice but based on what I know I list the following things.
1. Most likely if you are in EB3, your labor PERM application would have only required things that qualify you for EB3. So the same labor cannot be used to file for EB2.
2. You should go ahead and file for I-140. It is imperative that you be employed in the same/similar job as your EB3 application when I-140 is filed for, in case there is an RFE (request for evidence).
3. Once your I-140 is approved, I think you get some flexibility in moving within the organization and you could be moved to a role with different job requirements. These job requirements might qualify you for a EB2 job role. You can then file for a EB2 labor PERM(job postings, application etc). Once this labor is approved, when you file the I-140 for this, you can ask that the priority date be ported. Most certainly there will be an RFE for this I-140 application. Some employer attroneys (esp those conservative) require that for new Labor to be filed, your job role must be more than 50% different to be justified in case of a RFE.
Step 3 might also require an amendment to your H1B. I am not very sure about how exactly this goes. Potentially, I think you can also change employer and apply again from new employer as long as the I-140 is not revoked by the previous employer.
I hope this helps.
Cheers,
Gaurav
Hi, I just got my LC approved after about 7 months of waiting as EB3, My PD is Sep 08. Its now time to start filing for the I-140, what can I do to port my EB3 to EB2? (I'm from Europe and I have 6 years of work experience and a MS Finance degree from a US university).
Do I need to "change" job within my company?
Do I need to redo all the work (job postings, PERM application etc) even that I have my LC approved?
1. Most likely if you are in EB3, your labor PERM application would have only required things that qualify you for EB3. So the same labor cannot be used to file for EB2.
2. You should go ahead and file for I-140. It is imperative that you be employed in the same/similar job as your EB3 application when I-140 is filed for, in case there is an RFE (request for evidence).
3. Once your I-140 is approved, I think you get some flexibility in moving within the organization and you could be moved to a role with different job requirements. These job requirements might qualify you for a EB2 job role. You can then file for a EB2 labor PERM(job postings, application etc). Once this labor is approved, when you file the I-140 for this, you can ask that the priority date be ported. Most certainly there will be an RFE for this I-140 application. Some employer attroneys (esp those conservative) require that for new Labor to be filed, your job role must be more than 50% different to be justified in case of a RFE.
Step 3 might also require an amendment to your H1B. I am not very sure about how exactly this goes. Potentially, I think you can also change employer and apply again from new employer as long as the I-140 is not revoked by the previous employer.
I hope this helps.
Cheers,
Gaurav
Hi, I just got my LC approved after about 7 months of waiting as EB3, My PD is Sep 08. Its now time to start filing for the I-140, what can I do to port my EB3 to EB2? (I'm from Europe and I have 6 years of work experience and a MS Finance degree from a US university).
Do I need to "change" job within my company?
Do I need to redo all the work (job postings, PERM application etc) even that I have my LC approved?
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iv_only_hope
08-15 09:30 AM
Just had a general question. The 797 thats approved for any person, is that for a specific consulate? If we want to go for stamping to another consulate what do we do? Is that a lengthy procedure. Thanks friends.
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thomachan72
10-29 03:56 PM
Hi Folks, I have few questions regarding opening NRE account...
1. Seems most of the banks offer NRE account for NRIs. In general, which bank is better for opening such an account?:confused:
2. Do all the banks which offer NRE accounts offer account services irrespective of which branch I open the account at? e.g., if I open an NRE account say in delhi, can I have access to and get service for the account say in bangalore? Or do I have to go to that particular branch where I opened the account? In this regard, which bank is better?
3. Which bank generally gives better exchange rates?
4. Any pros or cons in opening the NRE account at one bank vs. the other?
Thanks for your replies...
I will only answer # 2, the rest depends upon where you live.
for #2, I hope they are not yet that flexible and allow people to withdraw funds from any branch. The situation in India is not as secure as you see here. What kind of ID will you show if you want to withdraw from other branch? drivers lisence? I am not sure whether that is very secure yet in India. I would suggest to not even have an online access to your accounts and also insist on personal contact with the manager so he/she is aware of how you manage your account. Always try to do banking at only one branch in India. Not to scare you but it is safer. Hackers are not yet very rampant but if it happens then it will be very difficult to trace lost money.
I do have NRE/NRO accounts and none of them have online access. However the manager regularly sends me a statement in text format via email. Also for NRO accounts they issue statements which can be used for filing the income tax in India (make sure you do that). The manage asked whether I need online access and I declined.
If you need higher interest rates on your deposit open a NRO (fixed deposit) account. Your interest (after taxation) is fully repatriable to the US but the principal amount cannot be repatriated. The is useful if you want to do a long term deposit instead of real estate / share markets etc.
1. Seems most of the banks offer NRE account for NRIs. In general, which bank is better for opening such an account?:confused:
2. Do all the banks which offer NRE accounts offer account services irrespective of which branch I open the account at? e.g., if I open an NRE account say in delhi, can I have access to and get service for the account say in bangalore? Or do I have to go to that particular branch where I opened the account? In this regard, which bank is better?
3. Which bank generally gives better exchange rates?
4. Any pros or cons in opening the NRE account at one bank vs. the other?
Thanks for your replies...
I will only answer # 2, the rest depends upon where you live.
for #2, I hope they are not yet that flexible and allow people to withdraw funds from any branch. The situation in India is not as secure as you see here. What kind of ID will you show if you want to withdraw from other branch? drivers lisence? I am not sure whether that is very secure yet in India. I would suggest to not even have an online access to your accounts and also insist on personal contact with the manager so he/she is aware of how you manage your account. Always try to do banking at only one branch in India. Not to scare you but it is safer. Hackers are not yet very rampant but if it happens then it will be very difficult to trace lost money.
I do have NRE/NRO accounts and none of them have online access. However the manager regularly sends me a statement in text format via email. Also for NRO accounts they issue statements which can be used for filing the income tax in India (make sure you do that). The manage asked whether I need online access and I declined.
If you need higher interest rates on your deposit open a NRO (fixed deposit) account. Your interest (after taxation) is fully repatriable to the US but the principal amount cannot be repatriated. The is useful if you want to do a long term deposit instead of real estate / share markets etc.
shaileshkaria2525@hotmail
09-23 08:14 PM
Guys, According to following URL, it seems that all july filers should get the RN by now irrespective of the processing centers. I am 24th July filer but still did not get the RNs so far. Are other ppl also in same boat? Please let me know. I am worried now.
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=ace7ec20cfbd4110VgnVCM1000004718190aRCR D
I am a July 02 filer and have not received the receiving numbers for any of the I-485, EAD or AP applications.
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=ace7ec20cfbd4110VgnVCM1000004718190aRCR D
I am a July 02 filer and have not received the receiving numbers for any of the I-485, EAD or AP applications.
lostinbeta
10-21 04:13 AM
Hey, this is MY thread and I will delete any argumentative posts about sports teams :)
I personally don't root for any team. Not much of a sports fan.... odd really considering every guy in my family is, but then again I am nothing like anyone else in my family... so that could be why.
I personally don't root for any team. Not much of a sports fan.... odd really considering every guy in my family is, but then again I am nothing like anyone else in my family... so that could be why.
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