chintapalli
10-16 01:28 PM
One of my friends got B1 Visa(business visa, it�s valid for 10 years) through a company AAA in January 2008, still he is working for the same company in India, till now he didn't use his B1.
He applied H1-B through a company BBB, recently he received all his H1-B documents, his H1-B company suggested him to come to U.S on B1 and they want to file an amendment to change his status to H1 after coming to US.
My friend want to resign the company in this month and he want to go for training after resigning his job, it will take 2 months for completing the training.
He is planning to come to U.S in February 2009 on B1.
Could any one please help us with your valuable suggestions for the following questions?
Is it possible to come to U.S on B1 even after resigning the job?
Is there any possibility that the company revoke his B1?
What are the documents required to come to U.S on B1?
Thanks in Advance
He applied H1-B through a company BBB, recently he received all his H1-B documents, his H1-B company suggested him to come to U.S on B1 and they want to file an amendment to change his status to H1 after coming to US.
My friend want to resign the company in this month and he want to go for training after resigning his job, it will take 2 months for completing the training.
He is planning to come to U.S in February 2009 on B1.
Could any one please help us with your valuable suggestions for the following questions?
Is it possible to come to U.S on B1 even after resigning the job?
Is there any possibility that the company revoke his B1?
What are the documents required to come to U.S on B1?
Thanks in Advance
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jliechty
August 3rd, 2005, 09:09 AM
The 300D and D50 would be too limited in my humble opinion, such that if you plan to buy a body and keep it for a while, you'll run into their "issues" after a little while. Definitely consider 350D or D70(s), along with as good of a lens as you can afford. The 18-70 DX kit lens for Nikon cameras is good from what I've seen from it, but the Canon 18-55 kit lens is sometimes said not to be quite so good. I don't know what to recommend on the Canon side, but there are plenty of folks here who can help you out on that. :)
For what it's worth, I got into photography with an old manual film camera when I was about 9. Then, a few years ago for a very short time, I used a Kodak P&S digital, before getting disgusted with it and going back to film. Finally, this spring my wallet suffered major damage with a used D1 and a couple of lenses (24-85 zoom and 90mm macro). College (this fall) will probably put an end to my photographic acquisitions for a while, but now that the Luminous Landscape did an article on video cameras, I have even more stuff to dream / drool about. Must... hide... credit card... now..! :D
For what it's worth, I got into photography with an old manual film camera when I was about 9. Then, a few years ago for a very short time, I used a Kodak P&S digital, before getting disgusted with it and going back to film. Finally, this spring my wallet suffered major damage with a used D1 and a couple of lenses (24-85 zoom and 90mm macro). College (this fall) will probably put an end to my photographic acquisitions for a while, but now that the Luminous Landscape did an article on video cameras, I have even more stuff to dream / drool about. Must... hide... credit card... now..! :D
snathan
05-17 05:02 PM
I have Master's degree from US and have been with the company for 6yrs. This is the response from my Attorney on porting to EB2 category. My I485 was filed during July 2007. What can i do to be able to file a new PERM LC for porting to EB2 category without affecting my I485 application? Please advise.
Thank you for your email inquiring about filing a new PERM labor certification (PERM LC) application to qualify for the EB-2 preference category. A final determination has been made on whether a new PERM LC can be filed.
Regulations that govern the PERM Labor Certification process do not permit an employer to file a new PERM LC application for the sole purpose of shortening the wait time in immigrant visa preference categories. Company will not file a new PERM LC unless it is clearly required by regulation.
We completed our research and legal analysis. The purpose of the research was to determine whether you can still benefit from your current case, or whether substantial job changes require, by law, a new PERM LC application to be filed on your behalf.
Our final assessment is that while some job changes have occurred, the changes are not substantial in the context of labor certification regulations. Please note that while the group, products and/or daily tasks in your employment may be different, these changes are not substantial from an immigration perspective and do not require a new PERM LC. In addition, portability provisions of the law allow considerable flexibility for job changes when an I-485 Adjustment of Status application has been filed.
This is not an internal policy matter, rather company's compliance with U.S. Department of Labor regulations that govern the PERM LC process.
Your new job duties must be more 50% than the current job...otherwise you can not file for new PERM
Thank you for your email inquiring about filing a new PERM labor certification (PERM LC) application to qualify for the EB-2 preference category. A final determination has been made on whether a new PERM LC can be filed.
Regulations that govern the PERM Labor Certification process do not permit an employer to file a new PERM LC application for the sole purpose of shortening the wait time in immigrant visa preference categories. Company will not file a new PERM LC unless it is clearly required by regulation.
We completed our research and legal analysis. The purpose of the research was to determine whether you can still benefit from your current case, or whether substantial job changes require, by law, a new PERM LC application to be filed on your behalf.
Our final assessment is that while some job changes have occurred, the changes are not substantial in the context of labor certification regulations. Please note that while the group, products and/or daily tasks in your employment may be different, these changes are not substantial from an immigration perspective and do not require a new PERM LC. In addition, portability provisions of the law allow considerable flexibility for job changes when an I-485 Adjustment of Status application has been filed.
This is not an internal policy matter, rather company's compliance with U.S. Department of Labor regulations that govern the PERM LC process.
Your new job duties must be more 50% than the current job...otherwise you can not file for new PERM
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saketkapur
12-02 06:58 PM
This in from Ron Gotcher website....I guess they are reading our letters.....
Good news concerning AOS denials based on I-140 revocations
--------------------------------------------------------------------------------
We received some very good news over the weekend. In October and November, our office was contacted by a number of adjustment of status applicants who had received denials based on "revocations" of their approved I-140 petitions by former employers. All of these applicants had AOS applications that had been pending for more than 180 days before they left their sponsoring employers. They also had approved I-140 petitions. Nonetheless, vindictive employers in each case attempted to revoke the approved I-140 petitions. The CIS accepted these "revocations" and promptly denied the AOS applications. We were contacted by six different individuals with these types of cases and we filed motions to reconsider in their cases.
Earlier, in September, we handled this type of case and the MTR was granted and the denial successfully reversed. This happened before any of these October/November cases came in or were filed.
I was disappointed to see that the CIS was still attempting to deny cases on this basis. There is absolutely no law to support this type of denial and, in fact, such denials are directly contrary to both statutory law and explicit CIS policy.
I was gratified to see that all six of the MTRs we field in October/November were granted and the denials reversed. I am also encouraged that the CIS accepted our request to reopen the denials of the dependents as well, on their own motion, and spare the pricipal applicants the cost of paying filing fees for MTRs for the denials of dependents' AOS applications.
I hope this means that the supervisors at the service centers involved are now aware of the blatant illegality of these types of denials and will put and end to them in the future. We can only hope that we have seen an end to this nonsense.
__________________
Good news concerning AOS denials based on I-140 revocations
--------------------------------------------------------------------------------
We received some very good news over the weekend. In October and November, our office was contacted by a number of adjustment of status applicants who had received denials based on "revocations" of their approved I-140 petitions by former employers. All of these applicants had AOS applications that had been pending for more than 180 days before they left their sponsoring employers. They also had approved I-140 petitions. Nonetheless, vindictive employers in each case attempted to revoke the approved I-140 petitions. The CIS accepted these "revocations" and promptly denied the AOS applications. We were contacted by six different individuals with these types of cases and we filed motions to reconsider in their cases.
Earlier, in September, we handled this type of case and the MTR was granted and the denial successfully reversed. This happened before any of these October/November cases came in or were filed.
I was disappointed to see that the CIS was still attempting to deny cases on this basis. There is absolutely no law to support this type of denial and, in fact, such denials are directly contrary to both statutory law and explicit CIS policy.
I was gratified to see that all six of the MTRs we field in October/November were granted and the denials reversed. I am also encouraged that the CIS accepted our request to reopen the denials of the dependents as well, on their own motion, and spare the pricipal applicants the cost of paying filing fees for MTRs for the denials of dependents' AOS applications.
I hope this means that the supervisors at the service centers involved are now aware of the blatant illegality of these types of denials and will put and end to them in the future. We can only hope that we have seen an end to this nonsense.
__________________
more...
Munna Bhai
08-03 12:09 PM
So my status doesnt change until my I 485 is approved- any idea how long that will take? My H 1B expires in Nov of 2007 should I get an extension? Thank you for your replies- Lisa
If your I-485 is pending, you need to apply for H1b extension and it will be for one year increment.
If your I-485 is pending, you need to apply for H1b extension and it will be for one year increment.
chvs2000@yahoo.com
10-21 09:58 AM
Other alternative is to have your employer run the payroll for 5000 and deduct 500 from your adjusted gross income when you file taxes.
Note that you can only deduct unreimbursed work related expenses when you choose to itemize your deductions.
Note that you can only deduct unreimbursed work related expenses when you choose to itemize your deductions.
more...
msadiqali
06-19 06:39 PM
http://informationclearinghouse.info/article22856.htm
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vishage
11-26 01:59 PM
what is that??
more...
indyanguy
02-02 09:03 PM
Bumping for help..
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telekinesis
09-06 04:02 PM
Thanks...again :P
I am never happy with my footer and still am not happy with it; I wish kirupa allowed music because transition effect like the ones in my footer went to a techno track but I took it out before I published it :*(, so I will most likely update it later today and a totally maxed out version on monday. By then I should have my intro done, ya know, for certain people to view a sneek peek message me on AIM.
I am never happy with my footer and still am not happy with it; I wish kirupa allowed music because transition effect like the ones in my footer went to a techno track but I took it out before I published it :*(, so I will most likely update it later today and a totally maxed out version on monday. By then I should have my intro done, ya know, for certain people to view a sneek peek message me on AIM.
more...
pani_6
08-24 09:27 AM
I am not sure how the Bill gets intorduced into the senate...but if only the h1 increase is the sticking point in the skil .....for now lets only focus of the visa retrogression and the waiver for visa numbers for people with STEM degrees and quicker processing of BEC's....I think we need to get the benefit in smaller chunks...
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centaur
02-23 09:52 AM
It's not easy to get a J-1 waiver, but with recent changes in the rule, by the time you finish your residency it will be easier. Its easy to get waiver in family practice or psychiatry. Its harder for Internal Medicine/pediatrics/Surgery and fellowships (except Geriatrics)
1) You can get a J-1 visa, but your husbands 140 has nothing to do with this. However, on the positive side, if by the time you complete your residency and donot have a J-1 waiver job and your husband is still maintaining his H-1B or has a GC, you can stay in the US and look for job, but not work. So it gives you more time to find waiver job.
From personal experience, it would be better to go home for two years, while your husband stays here and then you come back as GC and start your practice. But thats for later.
2) You cannot file 485 for your self till waiver is done if you take J-1. If you can wait for a couple of years for the GC (likely soon after retrogression is resolved) and then start residency, then you probably could just start on GC. But its a hard decision, as you dont know if you will get residency after this time or retrogression will resolve soon.
Its frustrating I understand.
Good luck
My husband is working on H-1 B and his I -140 is approved and I am on H-4 visa. I am trying to get in US medical residency and most likely I will get J-1 visa
I have following questions -
1) Do I qualify for non-immigrant, J-1 visa considering my husband's I-140 approval? Would his I-140 approval not have my name associated to it ?
2) Once I accept J-1 visa, would I be able to file I-485 when my husband's PD will be current?
3) If I decide to quit residency after few months/year to file, would I be able to convert my J-1 visa to H-4 visa again?
4) After converting H-4 visa would I be able to file I-485 once my husband's date is current?
5) How difficult or easy is to get J-1 wavier
Thanks in advance for your replied
1) You can get a J-1 visa, but your husbands 140 has nothing to do with this. However, on the positive side, if by the time you complete your residency and donot have a J-1 waiver job and your husband is still maintaining his H-1B or has a GC, you can stay in the US and look for job, but not work. So it gives you more time to find waiver job.
From personal experience, it would be better to go home for two years, while your husband stays here and then you come back as GC and start your practice. But thats for later.
2) You cannot file 485 for your self till waiver is done if you take J-1. If you can wait for a couple of years for the GC (likely soon after retrogression is resolved) and then start residency, then you probably could just start on GC. But its a hard decision, as you dont know if you will get residency after this time or retrogression will resolve soon.
Its frustrating I understand.
Good luck
My husband is working on H-1 B and his I -140 is approved and I am on H-4 visa. I am trying to get in US medical residency and most likely I will get J-1 visa
I have following questions -
1) Do I qualify for non-immigrant, J-1 visa considering my husband's I-140 approval? Would his I-140 approval not have my name associated to it ?
2) Once I accept J-1 visa, would I be able to file I-485 when my husband's PD will be current?
3) If I decide to quit residency after few months/year to file, would I be able to convert my J-1 visa to H-4 visa again?
4) After converting H-4 visa would I be able to file I-485 once my husband's date is current?
5) How difficult or easy is to get J-1 wavier
Thanks in advance for your replied
more...
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amberGC
07-19 10:05 AM
Can you start residency on EAD if you are the primary for 485? Meaning, can you use AC21 and change jobs from research to residency after 180 days from filing? Please help, really confused.
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logiclife
10-18 06:00 PM
And dont forget, some of the anti-immigrants think that July bulletin was amnesty and that 320,000 people got amnesty.
more...
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chanduv23
02-14 04:39 PM
For Physicians - this is a blessing, so please start acting - please spread the message among your network. We need strong support.
In the background, Paskal and some others have done a lot of hard work on this and we need to express our support to these folks.
So this is a clarion call to all Physicians - Buck up .... Help IV to help yourselves
In the background, Paskal and some others have done a lot of hard work on this and we need to express our support to these folks.
So this is a clarion call to all Physicians - Buck up .... Help IV to help yourselves
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dkann
08-27 02:35 PM
Got 2yr EAD for both me and my wife with expiration date in August 2010.
I 140 still pending. (Filed July '07, concurrent).
I 140 still pending. (Filed July '07, concurrent).
more...
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packersland
08-22 01:09 PM
Hi Guys,
I just wanted to get some input from the veterans here who have started a business in partnership while they have been waiting for the coveted green card.
What kind of legal paperwork does it take to start a business? I would think as long as you don't work for the business it should be ok? If you can own part of a corporation (stocks), you can be a partner in a business?
Ideas?
If you are in H1B status, you can start your business by investing, but not working. You can not work for your business to get paid, but you can get profit sharing. In Wisconsin, when you register, you need a President/CEO who can legally work for your business. You can check with your state and register your business there. Probably, you even can register online in some state. Of cause, later on, you will need help from your accountant, laywer, etc.
If you have Green Card or EAD, that is not a problem to run by yourself.
Good luck.:)
I just wanted to get some input from the veterans here who have started a business in partnership while they have been waiting for the coveted green card.
What kind of legal paperwork does it take to start a business? I would think as long as you don't work for the business it should be ok? If you can own part of a corporation (stocks), you can be a partner in a business?
Ideas?
If you are in H1B status, you can start your business by investing, but not working. You can not work for your business to get paid, but you can get profit sharing. In Wisconsin, when you register, you need a President/CEO who can legally work for your business. You can check with your state and register your business there. Probably, you even can register online in some state. Of cause, later on, you will need help from your accountant, laywer, etc.
If you have Green Card or EAD, that is not a problem to run by yourself.
Good luck.:)
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wandmaker
11-05 09:53 AM
I am also in a similar boat - I have received all the receipt notices except my wife's AOS. My wife has received EAD and FP, waiting for the AP. My lawyer suggested to wait for 30 calendar days, after which he is going to initiate a service request for duplicate notice. I will repost, if I get any updates.
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pani_6
09-14 01:22 PM
Ok ..nothin happens in Sept..then elections happen...In terms of legislations what happens after the elections?..please scribe out possible scenario's...
cdeneo
01-11 04:39 AM
Thanks so much for your feedback on this query - this is really helpful.
I am a resident of Washington state and would really appreciate any additional information you can share with me regarding eligibility and application for UC benefits here (documentation required (A# required?), other application requirements to be aware of, etc). My I-140 is approved and I-485 has been pending for more than 180 days and I am currently working on my EAD.
Thanks again for your help with this query, I look forward to hearing from you.
There are really two questions here. First, are you eligible for unemployment compensation? And second, will applying for unemployment compensation adversely impact your application for adjustment of status to lawful permanent resident?
The answer to the first question is controlled by the law of the particular state in which you worked and/or reside. In theory, to be eligible one must have worked long enough that an adequate amount of UC insurance was paid into the UC system, AND one must be willing and ABLE to accept new employment. The law varies from state to state with respect to whether someone in your situation qualifies as "ABLE" to accept new employment. If you let me know where you reside and work, I can try to provide further guidance as to eligibility for UC benefits.
As to the second question, (assuming your I-140 has been approved and your I-485 has been pending for more than 180 days) under the INA, when your PD is reached and your I-485 is adjudicated, you are required to have the intention to take up an offer of permanent full time employment in the same or similar occupation for which your LC was granted. This is a prospective requirement, and your employment status prior to the actual grant of AOS is relevant only to the extent that it supports or undercuts your ability to prove that you have an appropriate offer of full time employment which you intend to take up. There is no requirement that you be employed while you are waiting for your priority date to become current and your I-485 to be adjudicated. However, being unemployed or employed in an entirely unrelated occupation could trigger USCIS to perform a more searching inquiry into the bona fides of the prospective AC21 qualifying job offer and your intention to accept it.
To the best of my knowledge, USCIS is not notified when an AOS applicant applies for UC. Similarly, I am not aware of any cases where an UC claim triggered an RFE. Nevertheless, it would be prudent to act on the assumption that USCIS is aware of UC claims and be well prepared to prove one's intention to take up a bona fide offer of AC 21 qualifying employment once your PD is reached.
I am a resident of Washington state and would really appreciate any additional information you can share with me regarding eligibility and application for UC benefits here (documentation required (A# required?), other application requirements to be aware of, etc). My I-140 is approved and I-485 has been pending for more than 180 days and I am currently working on my EAD.
Thanks again for your help with this query, I look forward to hearing from you.
There are really two questions here. First, are you eligible for unemployment compensation? And second, will applying for unemployment compensation adversely impact your application for adjustment of status to lawful permanent resident?
The answer to the first question is controlled by the law of the particular state in which you worked and/or reside. In theory, to be eligible one must have worked long enough that an adequate amount of UC insurance was paid into the UC system, AND one must be willing and ABLE to accept new employment. The law varies from state to state with respect to whether someone in your situation qualifies as "ABLE" to accept new employment. If you let me know where you reside and work, I can try to provide further guidance as to eligibility for UC benefits.
As to the second question, (assuming your I-140 has been approved and your I-485 has been pending for more than 180 days) under the INA, when your PD is reached and your I-485 is adjudicated, you are required to have the intention to take up an offer of permanent full time employment in the same or similar occupation for which your LC was granted. This is a prospective requirement, and your employment status prior to the actual grant of AOS is relevant only to the extent that it supports or undercuts your ability to prove that you have an appropriate offer of full time employment which you intend to take up. There is no requirement that you be employed while you are waiting for your priority date to become current and your I-485 to be adjudicated. However, being unemployed or employed in an entirely unrelated occupation could trigger USCIS to perform a more searching inquiry into the bona fides of the prospective AC21 qualifying job offer and your intention to accept it.
To the best of my knowledge, USCIS is not notified when an AOS applicant applies for UC. Similarly, I am not aware of any cases where an UC claim triggered an RFE. Nevertheless, it would be prudent to act on the assumption that USCIS is aware of UC claims and be well prepared to prove one's intention to take up a bona fide offer of AC 21 qualifying employment once your PD is reached.
leo2606
11-13 09:41 PM
Why does he need to wait?He is talking about previous employer.
Wait for 6 months since Receipt Date... And then complain to DOL... You don't want to lose your I-140...
Otherwise.. what are you waiting for :-)
Wait for 6 months since Receipt Date... And then complain to DOL... You don't want to lose your I-140...
Otherwise.. what are you waiting for :-)
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