ingegarcia
04-03 08:46 AM
Yes that's my understanding too... if the application reaches the AINP office before April 15 then it will be considered under the current occupation list.....
Thank you ingegarcia, Just to clarify "postmarked before April 15th" means, even if the application is not yet accepted, but received by the AINP before April 15th. Could you please confirm if my understanding is correct.
Thanks
Thank you ingegarcia, Just to clarify "postmarked before April 15th" means, even if the application is not yet accepted, but received by the AINP before April 15th. Could you please confirm if my understanding is correct.
Thanks
wallpaper 2002 Audi A4 Cabriolet 3.0
neelu
01-02 02:34 PM
Please anyone.........help me.
I couldn't find any other thread in this forum discussing the same problem as mine. Please let me know if it has been discussed already.
Thank you very much.
I couldn't find any other thread in this forum discussing the same problem as mine. Please let me know if it has been discussed already.
Thank you very much.
benbear
11-09 09:39 AM
Let me simplify the EB backlog equation:
EB backlog as of Oct31 = 655K�(average lead time for FB approval)x50K/month+50KEB in Oct
Do the simple math, we can get the following table:
Average time for FB approval EB backlog
5month 455K
6month 405K
7month 355K
8month 305K
9month 255K
10month 205K
It is safe to say notice date in Sept equal to receipting by USCIS in Sept, because at notice date, USCIS actually open your file then send receipt.
So,from , EB receipt in Sept vs. receipt in Oct = 2:1
150k in Sept. include both EB(100K) and FB (50K).
(Note: assume received FB every month 50K. 50K is a reasonable assumption,
otherwise it's no way for USCIS to approve 800K AOS a year.)
Since EB in Sept vs. Oct is 2:1, so total EB receipting in Oct. should be 50K.
Out of the 655k total, the key is lead time for FB approval, how many month?
This is the key! If we assume average FB approval takes 6 month,
then EB out of the 655k is 655K-50Kx6=355K.
Add the 50K EB in Oct. Total EB backlog is 405K.
Still the key is average FB approval time, any gurus has any idea.
I am sure the time is not 12 month. If it's 12 month,
then EB backlog= 655K-50Kx12+50K=105k. :D:D:D Which is impossible!!
EB backlog as of Oct31 = 655K�(average lead time for FB approval)x50K/month+50KEB in Oct
Do the simple math, we can get the following table:
Average time for FB approval EB backlog
5month 455K
6month 405K
7month 355K
8month 305K
9month 255K
10month 205K
It is safe to say notice date in Sept equal to receipting by USCIS in Sept, because at notice date, USCIS actually open your file then send receipt.
So,from , EB receipt in Sept vs. receipt in Oct = 2:1
150k in Sept. include both EB(100K) and FB (50K).
(Note: assume received FB every month 50K. 50K is a reasonable assumption,
otherwise it's no way for USCIS to approve 800K AOS a year.)
Since EB in Sept vs. Oct is 2:1, so total EB receipting in Oct. should be 50K.
Out of the 655k total, the key is lead time for FB approval, how many month?
This is the key! If we assume average FB approval takes 6 month,
then EB out of the 655k is 655K-50Kx6=355K.
Add the 50K EB in Oct. Total EB backlog is 405K.
Still the key is average FB approval time, any gurus has any idea.
I am sure the time is not 12 month. If it's 12 month,
then EB backlog= 655K-50Kx12+50K=105k. :D:D:D Which is impossible!!
2011 2002 Audi A4 Cabriolet 3.0
Radhika
07-09 01:38 PM
Was this at TSC, mine is at NSC. My First I140 was approved, My company refiled after acquisition (successor in interest) and later upgraded to Premium
Yes it is at TSC.
Yes it is at TSC.
more...
raj1998
04-13 12:49 PM
I am not 100% sure but when you are on H1B should'nt you be working from where your LCA was approved for? In OP's case, its remote work but outside USA, in that case I am not sure
1. if the LCA filed will any longer be valid and that might cause issues with labor dept
2. what happens when USCIS finds out that you left the country and physically not present in USA and still running payroll in USA plus also the LCA is no longer valid, this might be an issue when your renewal comes up.
3.how your payroll can be run when you are not in the country?what are the tax implications? you need to have a physical address in US to file taxes, is'nt it? without an address in the specified location and specific state, you will be considered as non-resident.
when you file taxes as non-resident but a resident of a different country, then you will have to understand the tax treaties between the USA and the resident country and file taxes accordingly.
You might want to talk to an immigration attorney as well as someone who specializes in taxes(not just CPA, but an attorney who understands tax laws). I dont think this can be as simple as others mentioned. this is just my opinion and I could be wrong. talk to legal experts.
In my company 3 of my collegues are doing exactly this. All are representing US company in the offshore development centre. there payrolls are run here in US, they are in India and all there expenses are paid by US company. They pay taxes here in US show some friends address and there 485 is also in progress
I am on H1b and also travel a lot at times upto 4 months. (same LCA issue should be true for me also) but never had an issue....
But I hear you, so better check with an lawyer and have a complete picture, but as I say this is completely doable.
1. if the LCA filed will any longer be valid and that might cause issues with labor dept
2. what happens when USCIS finds out that you left the country and physically not present in USA and still running payroll in USA plus also the LCA is no longer valid, this might be an issue when your renewal comes up.
3.how your payroll can be run when you are not in the country?what are the tax implications? you need to have a physical address in US to file taxes, is'nt it? without an address in the specified location and specific state, you will be considered as non-resident.
when you file taxes as non-resident but a resident of a different country, then you will have to understand the tax treaties between the USA and the resident country and file taxes accordingly.
You might want to talk to an immigration attorney as well as someone who specializes in taxes(not just CPA, but an attorney who understands tax laws). I dont think this can be as simple as others mentioned. this is just my opinion and I could be wrong. talk to legal experts.
In my company 3 of my collegues are doing exactly this. All are representing US company in the offshore development centre. there payrolls are run here in US, they are in India and all there expenses are paid by US company. They pay taxes here in US show some friends address and there 485 is also in progress
I am on H1b and also travel a lot at times upto 4 months. (same LCA issue should be true for me also) but never had an issue....
But I hear you, so better check with an lawyer and have a complete picture, but as I say this is completely doable.
spicy_guy
04-25 01:18 PM
we live in Chicagoland. PM me if you would like to talk.
Sent a PM. Can you pls check?
Sent a PM. Can you pls check?
more...
LostInGCProcess
09-19 05:01 PM
Quick Q:
Lets say my H1b renewal is pending..while its pending I used EAD for a diff company than my sponsoring company( I will be with my Sponsoring company but in bench). Then my H1b gets approved. Can I still work with a diff company till I choose to go out to stamp for H1b and once am in US i can start working for my sponsoring company again?
Yes. The only way to do a COS from AOS to H is, re-enter with appropriate status.
By the way what are you trying to accomplish? What do you really want to do and why?
Lets say my H1b renewal is pending..while its pending I used EAD for a diff company than my sponsoring company( I will be with my Sponsoring company but in bench). Then my H1b gets approved. Can I still work with a diff company till I choose to go out to stamp for H1b and once am in US i can start working for my sponsoring company again?
Yes. The only way to do a COS from AOS to H is, re-enter with appropriate status.
By the way what are you trying to accomplish? What do you really want to do and why?
2010 2002 Audi A4 Cabriolet
ryan
02-03 05:33 PM
Hi Ryan,
Do you know anyone have done that? Like you personally or anyone you know? Have they got I-140? I read that its possible to get PERM Labor done under EB-2, but USCIS gives real hard time at I-140 stage.
Appreciate your help!
Thank you
The lawyers had the Ozzie degree, as well as the US CPA evaluated via an accredited foreign degree evaluator. This was back in the summer of �06. Again, invest a few extra $$ and hire a good lawyer. They can best explain the process / prerequisites to you.
Do you know anyone have done that? Like you personally or anyone you know? Have they got I-140? I read that its possible to get PERM Labor done under EB-2, but USCIS gives real hard time at I-140 stage.
Appreciate your help!
Thank you
The lawyers had the Ozzie degree, as well as the US CPA evaluated via an accredited foreign degree evaluator. This was back in the summer of �06. Again, invest a few extra $$ and hire a good lawyer. They can best explain the process / prerequisites to you.
more...
Ramba
01-23 06:51 PM
Sorry for little confusion.
What I mean was,
- I filed I-485 for me and my wife
- then after 180 days I switched to a new company with H1B transfer.
- So, I am still in H1B status.
- But my wife (secondary applicant) is using EAD based on I-485 and working.
Which means we used AC21 for portability of our I-140 and I-485 cases.
Now, we are planning to travel home to India. My wife need to use AP and I will still be using H1B visa.
So, my question was, whether there will be issue at Port of Entry when primary applicant(which is me) is still in H1B visa with pending I-485 and my wife is using EAD with AP?
Normally if both have independent valid travel document, you are fine. It does not make any difference if primary use H1B and spouse use AP, but it may confuse the IO at POE, if they ask lot of questions, (who is your employer, Are you working for GC sponsering employer etc..)
IO at POE may not know all the rules regarding AC21/485/AP/H1 etc.. If you are entering in H1, the natural tendency that your spose will enter in H4. If you answer properly, you are fine..
What I mean was,
- I filed I-485 for me and my wife
- then after 180 days I switched to a new company with H1B transfer.
- So, I am still in H1B status.
- But my wife (secondary applicant) is using EAD based on I-485 and working.
Which means we used AC21 for portability of our I-140 and I-485 cases.
Now, we are planning to travel home to India. My wife need to use AP and I will still be using H1B visa.
So, my question was, whether there will be issue at Port of Entry when primary applicant(which is me) is still in H1B visa with pending I-485 and my wife is using EAD with AP?
Normally if both have independent valid travel document, you are fine. It does not make any difference if primary use H1B and spouse use AP, but it may confuse the IO at POE, if they ask lot of questions, (who is your employer, Are you working for GC sponsering employer etc..)
IO at POE may not know all the rules regarding AC21/485/AP/H1 etc.. If you are entering in H1, the natural tendency that your spose will enter in H4. If you answer properly, you are fine..
hair 2002 Audi A4 Cabriolet 3.0
abhaykul
05-04 02:05 PM
Guys,
1) For 7 th yr extension your LC and I 140 have to be approved if your LC
is less than 365 days old at the end of 6 th year.
2) If your LC is more than 365 days at the end of 6 yrs it does not matter if it is approved or not you are still eligible for 7 th year extension.
Abhay
1) For 7 th yr extension your LC and I 140 have to be approved if your LC
is less than 365 days old at the end of 6 th year.
2) If your LC is more than 365 days at the end of 6 yrs it does not matter if it is approved or not you are still eligible for 7 th year extension.
Abhay
more...
iptel
02-14 01:21 PM
Chapter 2: Skills for the U.S. Workforce.
http://www.whitehouse.gov/cea/ch2-erp06.pdf
covers great deal of importance of H1B and Green Card. May be we can consider it to be part of our presentation.
Part of the report says
Caps on employment-based green cards limit the number of high-skilled
foreigners who can become permanent residents. The cap is set at 140,000
visas per year, including visas for the workers� spouses and children. Each
country�s nationals can make up no more than 7 percent of total immigrant
visas. These caps have led to long delays for applicants, especially for workers
from over-represented countries. For instance, some workers who became
eligible in January 2006 for EB-2 employment-based green cards (for workers
with advanced degrees or persons of exceptional ability) had applied for
permanent residence five years earlier.
A variety of proposals have been advanced for permanent employmentbased
immigration to allow for more high-skilled workers and to reduce wait
times. Any changes to the cap on the number of employment-based green
cards would require legislative action. First, workers� spouses and children
could be exempted from the cap, as is currently done for the H-1B program.
Spouses and children make up about half of the recipients of employmentbased
green cards, so this change would roughly double the number of
workers able to get employment-based green cards. Second, the fixed 140,000
cap could be replaced with a flexible market-based cap that would increase or
decrease with demand for workers eligible for employment-based green cards.
Finally, under current policy, nationals of no single country can receive more
than 7 percent of green cards. This share could be raised to reduce the long
delays for employment-based green cards for applicants from countries with
large numbers of desirable, high-skilled workers. Careful enforcement of
limits on foreign nationals� access to sensitive technology would provide
continued protection for our national security.
http://www.whitehouse.gov/cea/ch2-erp06.pdf
covers great deal of importance of H1B and Green Card. May be we can consider it to be part of our presentation.
Part of the report says
Caps on employment-based green cards limit the number of high-skilled
foreigners who can become permanent residents. The cap is set at 140,000
visas per year, including visas for the workers� spouses and children. Each
country�s nationals can make up no more than 7 percent of total immigrant
visas. These caps have led to long delays for applicants, especially for workers
from over-represented countries. For instance, some workers who became
eligible in January 2006 for EB-2 employment-based green cards (for workers
with advanced degrees or persons of exceptional ability) had applied for
permanent residence five years earlier.
A variety of proposals have been advanced for permanent employmentbased
immigration to allow for more high-skilled workers and to reduce wait
times. Any changes to the cap on the number of employment-based green
cards would require legislative action. First, workers� spouses and children
could be exempted from the cap, as is currently done for the H-1B program.
Spouses and children make up about half of the recipients of employmentbased
green cards, so this change would roughly double the number of
workers able to get employment-based green cards. Second, the fixed 140,000
cap could be replaced with a flexible market-based cap that would increase or
decrease with demand for workers eligible for employment-based green cards.
Finally, under current policy, nationals of no single country can receive more
than 7 percent of green cards. This share could be raised to reduce the long
delays for employment-based green cards for applicants from countries with
large numbers of desirable, high-skilled workers. Careful enforcement of
limits on foreign nationals� access to sensitive technology would provide
continued protection for our national security.
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sunny1000
06-11 02:31 PM
I am in my 8 yr. Have a H1-B approved Untill 2008 Dec
Have a EB3 Approved Labor and 140 from Company A.
Now as of today if I move to Company B ...
Question :
Can I get a 3 yr Extension based on Company A (140 Approved )
that is from june 2007 to june 2010
OR
Do I get my H1-B untill 2008 Dec ?
----
When I move to Company B is there anything that I have be aware off as
I am planning to pally Eb2 and move the PD from company A
My PD : EB3 Jun 2004
Thanks Thanks Thanks Thanks
You cannot port your I-140 to the new company. So, your H1B will also get affected as it extn is based on the underlying I-140. The only way you can accomplish moving to company B is by filing for I-485 while still at Company A (if your dates are current), wait for 6 months and then, use the AC21 provision.
This is just my view. There might be better ways but, that is the only one I can think right now.
Have a EB3 Approved Labor and 140 from Company A.
Now as of today if I move to Company B ...
Question :
Can I get a 3 yr Extension based on Company A (140 Approved )
that is from june 2007 to june 2010
OR
Do I get my H1-B untill 2008 Dec ?
----
When I move to Company B is there anything that I have be aware off as
I am planning to pally Eb2 and move the PD from company A
My PD : EB3 Jun 2004
Thanks Thanks Thanks Thanks
You cannot port your I-140 to the new company. So, your H1B will also get affected as it extn is based on the underlying I-140. The only way you can accomplish moving to company B is by filing for I-485 while still at Company A (if your dates are current), wait for 6 months and then, use the AC21 provision.
This is just my view. There might be better ways but, that is the only one I can think right now.
more...
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akilaakka
07-11 02:10 PM
My EAD and AP application was received June 19, 2009 at TSC. To my pleasant shocking & surprise USCIS approved mine and wife's application in 20 days and we received the card today.
We are happy with the speed and efficiency USCIS and wish they could do everything the same way. we received two year EAD but concerned as receiving a two year EAD indicates that it may take a while to get my PD (Dec 2005).
Thanks
Senthil.
We are happy with the speed and efficiency USCIS and wish they could do everything the same way. we received two year EAD but concerned as receiving a two year EAD indicates that it may take a while to get my PD (Dec 2005).
Thanks
Senthil.
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anilsal
12-02 11:41 AM
What about the case wherein the GC is for a future employment with the same company? You may be currently on H1B with the company as an engineer, but the company applies GC as a manager because you qualify for EB2.
Only if the company is stable, will it be able to get future employment GCs approved. If it is a consulting/body shopping outfit, then ...........????
Only if the company is stable, will it be able to get future employment GCs approved. If it is a consulting/body shopping outfit, then ...........????
more...
pictures Audi A4 2.0 Sport 4 Door
belmontboy
12-05 12:12 PM
http://minx.cc/?post=279217
you live your life dude, don't let any other M'fer control it!!!
some LOSER! gave me a red for this post. The coward's comment was "is this how you talk to your mother...."
What a jackass!!!
Must be a terrorist sympathizer!!!
you live your life dude, don't let any other M'fer control it!!!
some LOSER! gave me a red for this post. The coward's comment was "is this how you talk to your mother...."
What a jackass!!!
Must be a terrorist sympathizer!!!
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Ramba
10-08 06:05 PM
Absolutly No. H4 is a non-immigrant status where emplyment previlage is prohibited. If you want to use EAD or to accept any employment, you should be in a status that allows you to work legally. Therefore AOS is a status that allows you to work. One can have "dual intent"; however one can not have "dual status" at a same time. Therefore once you use EAD you automatically switch to AOS status from H4 status. EAD is a benefit to AOS status people not for H4.
more...
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fall2004us
08-14 02:28 PM
I didnt know that you can send a single check for all applications.. ??
It would have been better if you had split the checks.
Dont worry they might accept it now.
It would have been better if you had split the checks.
Dont worry they might accept it now.
girlfriend Audi A4 Cabriolet (2003)
anemmani
01-22 09:34 AM
Why should we fight about every issue that is posted? Cant we debate it like mature people? This tendency to fight (and get emotional) over irrelevant issues will not help us any better.
Most of us in this immigration thread are academically oriented. And I believe that this can be attributed to the way in which we were molded in our early life. Most of our parents would stress academic excellence over athletic and artistic abilities. They made all our choices all the way to college and maybe beyond. They would always trump every argument with the statement, "We know what is best for you."
That said, I think the comparison between western and eastern parenting in US is not completely fair. The section of Indians & Chinese immigrants in US are educated and were probably at the top of their classes in their respective countries. They excelled academically and it helped them (us) immigrate and be part of the successful strata of this country. We cannot compare these immigrants with the Western population as a whole. We should compare eastern and western parenting techniques among parents with similar backgrounds.
Successful American families produce successful kids. This is also true for families of all races. Each set of parents have their own method.
Getting greencard is not everything. We have lives beyond the greencard. We have (or will have) kids and have a responsibility towards raising them to give them the best possible skills (academic, artistic & social) to thrive in their lives. And a mature discussion in parenting methods is useful.
I urge everyone of you to make your arguments and highlight relative merits & de-merits. You may also argue whether this discussion has merit or not. But no name calling.
Nag
Most of us in this immigration thread are academically oriented. And I believe that this can be attributed to the way in which we were molded in our early life. Most of our parents would stress academic excellence over athletic and artistic abilities. They made all our choices all the way to college and maybe beyond. They would always trump every argument with the statement, "We know what is best for you."
That said, I think the comparison between western and eastern parenting in US is not completely fair. The section of Indians & Chinese immigrants in US are educated and were probably at the top of their classes in their respective countries. They excelled academically and it helped them (us) immigrate and be part of the successful strata of this country. We cannot compare these immigrants with the Western population as a whole. We should compare eastern and western parenting techniques among parents with similar backgrounds.
Successful American families produce successful kids. This is also true for families of all races. Each set of parents have their own method.
Getting greencard is not everything. We have lives beyond the greencard. We have (or will have) kids and have a responsibility towards raising them to give them the best possible skills (academic, artistic & social) to thrive in their lives. And a mature discussion in parenting methods is useful.
I urge everyone of you to make your arguments and highlight relative merits & de-merits. You may also argue whether this discussion has merit or not. But no name calling.
Nag
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purgan
04-13 10:13 AM
USINPAC, for instance, promotes its role in the India-US nuclear deal.
It has also listed immigration as one of its issues, but all it cares about there is family immigration, so all those citizens can sponsor their own relatives. A bunch of A$^#^
himu73, why don't you try to contact these two oganizations + USINPAC to see what kind of traction you can get? The core is busy and needs all the help it can get. Are you upto it?
It has also listed immigration as one of its issues, but all it cares about there is family immigration, so all those citizens can sponsor their own relatives. A bunch of A$^#^
himu73, why don't you try to contact these two oganizations + USINPAC to see what kind of traction you can get? The core is busy and needs all the help it can get. Are you upto it?
quizzer
11-08 05:26 PM
EB-2, NSC, PD 10/30/07. Only LUD on 11/22/06, since then nothing
Romesh,
Any updates?
Thanks
Romesh,
Any updates?
Thanks
gcadream
02-24 02:17 PM
But is there a risk that if you work at client site and doesn't have a PO for at least 6 months then in that case the H1 extension may get denied ?
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