unknown123
11-09 12:01 PM
What is your PD?
Good luck
Employer need to demonstrate 'Ability to Pay' from PD till I-140 is approved. Since you've used Nov 2004 labor, I assume that your PD is 'Nov 2004'. In this case your employer has to demonstrate ability to pay for year 2005 (even if you were not employed that time). If they have shown loss in 2005 tax return, chances are that your petition will be declined and only option is MTR and/or AAO.
Here is some good info... http://www.ilw.com/articles/2005,0118-guevara.shtm
You need a real good lawyer.
All the best
Good luck
Employer need to demonstrate 'Ability to Pay' from PD till I-140 is approved. Since you've used Nov 2004 labor, I assume that your PD is 'Nov 2004'. In this case your employer has to demonstrate ability to pay for year 2005 (even if you were not employed that time). If they have shown loss in 2005 tax return, chances are that your petition will be declined and only option is MTR and/or AAO.
Here is some good info... http://www.ilw.com/articles/2005,0118-guevara.shtm
You need a real good lawyer.
All the best
hemtir
06-24 09:43 PM
Hi Augustus,
Positive in skin test could be because you had taken BCG vaccination in your childhood which is quite common in India. Check with your parents. If that is the case, you are absolutely fine and you don't even have to take medication. Your negative X-ray test confirms that your positive skin test result could be false. Positive test result only indicates that your have TB antibody in your body which is due to vaccination and not because real exposure to TB. Since BCG vaccination is not common in US, they suggest TB skin test.
Please cross check with the doctor on this before reaching any conclusion.
Dear All,
I was doing part -time school in a university and before they wanted to admit me,the university procedures included TB test. I showed positive in skin test and negative in X-ray about 4 months ago.
But the school procedures expected me to take TB tablets otherwise they wont let me register for courses. For the last 4 months I am on TB medication, I have it going on until october of this year.
Right now, I am in a dilemma. Since all our PD's our current, we need to get medical examination done. I don't know how my skin test is going to be since I am taking meds.
Should I inform my doctor that I am on medications or should I just hide it?
And should I take a letter from my school health department about how I don't have TB but been given medicines for School purposes? What should I do?
Please advise.
Positive in skin test could be because you had taken BCG vaccination in your childhood which is quite common in India. Check with your parents. If that is the case, you are absolutely fine and you don't even have to take medication. Your negative X-ray test confirms that your positive skin test result could be false. Positive test result only indicates that your have TB antibody in your body which is due to vaccination and not because real exposure to TB. Since BCG vaccination is not common in US, they suggest TB skin test.
Please cross check with the doctor on this before reaching any conclusion.
Dear All,
I was doing part -time school in a university and before they wanted to admit me,the university procedures included TB test. I showed positive in skin test and negative in X-ray about 4 months ago.
But the school procedures expected me to take TB tablets otherwise they wont let me register for courses. For the last 4 months I am on TB medication, I have it going on until october of this year.
Right now, I am in a dilemma. Since all our PD's our current, we need to get medical examination done. I don't know how my skin test is going to be since I am taking meds.
Should I inform my doctor that I am on medications or should I just hide it?
And should I take a letter from my school health department about how I don't have TB but been given medicines for School purposes? What should I do?
Please advise.
nonimmi
10-19 03:46 PM
If you applied for labor through PERM and have a copy of you PERM application, the DOL o*net code is listed in section F. Box 2. of the ETA 9089 form. This code can then be looked up at the o*net web site: http://online.onetcenter.org/find/
Do you know how to find this DOL o*net code for non-PERM cases?
Do you know how to find this DOL o*net code for non-PERM cases?
chi_shark
03-22 10:43 PM
My deepest condolenses and sympathies to thier families. May their souls rest in piece.
you really want their souls to rest in "piece"? sorry could not resist it... ha ha ha...
you really want their souls to rest in "piece"? sorry could not resist it... ha ha ha...
more...
kk_kk
07-30 10:33 AM
do you have someone to receive your mails at address 'X' ? post office does not forward letters from USCIS. they will be sent back for corrections .
smartboy75
10-17 03:51 PM
interesting. but it still does not answer one question: What happens if you continue working on H1B for primary employer per guidelines of I-129 petition (ie. 40 hours a week) and then use EAD to work part-time for someone else.
Does that 'kill' the H1 petition? MOst lawyers say it does, a couple of them say it does not, since you are fullfilling all your I-129 requirements with your primary employer
My personal opinion is as below
Why risk GC by working on EAD part-time ?? Since there is no consensus among lawyers themselves and assuming this is a gray area with USCIS, I would suggest lets not risk ...better late than sorry ...
My 2 cents..
Does that 'kill' the H1 petition? MOst lawyers say it does, a couple of them say it does not, since you are fullfilling all your I-129 requirements with your primary employer
My personal opinion is as below
Why risk GC by working on EAD part-time ?? Since there is no consensus among lawyers themselves and assuming this is a gray area with USCIS, I would suggest lets not risk ...better late than sorry ...
My 2 cents..
more...
krishmunn
09-17 12:10 PM
For a person holding a 10-year multiple entry B1/B2 visa, how long can they stay for each visit. Is it determined at the port of entry by the officer? or is there a standard like 30 days or something per visit? I know parents visiting can stay for max of 6 months. Can they travel across to canada and then reenter for another 6 months? Just curious.
Normally you can get upto 6 months. But stepping to Canada and reenter will not give you another 6 months.
Also, if they leave to home country and return within a short period (say a month or two) they will either be denied entry or given a very short entry (around a month).
Normally you can get upto 6 months. But stepping to Canada and reenter will not give you another 6 months.
Also, if they leave to home country and return within a short period (say a month or two) they will either be denied entry or given a very short entry (around a month).
Rb_newsletter
09-16 01:39 PM
Why even this discussion. there are many who no longer work for the sponsor even before getting the GC. What do you think happens if they find out? have you heard of anybody whose GC was affected?
because this will be a question when the candidate goes for citizenship. If candidate cannot convince the officer that his/her intention was to work with GC sponsor then citizenship may not be given.
because this will be a question when the candidate goes for citizenship. If candidate cannot convince the officer that his/her intention was to work with GC sponsor then citizenship may not be given.
more...
santb1975
11-16 08:41 PM
This Holiday season .... Give a gift to IV
--------------------------------------------------------------------------------
With Thanksgiving right around the corner lets take the time to thank IV for all the successes we have had so far and for all the hardwork that has been put into this cause. Let's make a Holiday contribution to IV. Please join me in this effort. Let's all contribute. Cheers
--------------------------------------------------------------------------------
With Thanksgiving right around the corner lets take the time to thank IV for all the successes we have had so far and for all the hardwork that has been put into this cause. Let's make a Holiday contribution to IV. Please join me in this effort. Let's all contribute. Cheers
PlainSpeak
02-23 10:38 AM
Plainspeak,
I dont think he/she is going for his/her stamping, so I dont see a need for all the other documents listed. Depending on the flight being taken, a transit vis may be necessary
HRPRO
These are documents which have to be carried. There is no confirmation that he/she wil be asked but if asked they have the documents on hand. I got stuck in immigration for 4 hours when they asked me all the above documents. So i believe in better safe than sorry
On a side note this happened when i was travelling back from India via Lufthansa
I dont think he/she is going for his/her stamping, so I dont see a need for all the other documents listed. Depending on the flight being taken, a transit vis may be necessary
HRPRO
These are documents which have to be carried. There is no confirmation that he/she wil be asked but if asked they have the documents on hand. I got stuck in immigration for 4 hours when they asked me all the above documents. So i believe in better safe than sorry
On a side note this happened when i was travelling back from India via Lufthansa
more...
iam_amit
04-22 06:31 PM
Members,
I have to file my H1b ext by sept 2009.
my i140 is awaiting approval.
what are chances of getting extension for next 3 years.
I am working with American Consulating firm and working with same client from day 1 of my US presence. Will continue with same client after ext.
does, I-140 Approval confirms H1b extension, then I can wait till Aug to file under premium process.
looks like by June, I should have mu I140 case decision.
kindly suggest.
-
I have to file my H1b ext by sept 2009.
my i140 is awaiting approval.
what are chances of getting extension for next 3 years.
I am working with American Consulating firm and working with same client from day 1 of my US presence. Will continue with same client after ext.
does, I-140 Approval confirms H1b extension, then I can wait till Aug to file under premium process.
looks like by June, I should have mu I140 case decision.
kindly suggest.
-
H1Girl
05-08 02:30 AM
Hi,
...
Any one saw either SOFT / HARD LUDs on their cases pending in TSC in last two / three months?
Thanks
Bob
Yes soft update on 05/04 (TSC). No status change or anything...
...
Any one saw either SOFT / HARD LUDs on their cases pending in TSC in last two / three months?
Thanks
Bob
Yes soft update on 05/04 (TSC). No status change or anything...
more...
pbuckeye
09-14 08:27 AM
I think he was just trying to make a point about being pressed by all parties involved (repubs/dems/liberals/conservatives in our case)
At least the Jews had more solidarity among their community, perhaps it should be a lesson for all EB immigrants to be and stay united.
At least the Jews had more solidarity among their community, perhaps it should be a lesson for all EB immigrants to be and stay united.
qtoask
07-11 01:03 AM
Its support of every single person who has the heart made it possible... You can pat on your back!!!
English_August : well done co-ordinating...I salute you guys!
English_August : well done co-ordinating...I salute you guys!
more...
andy.jones110
10-16 10:37 PM
Thanks for the reply.
So you mean to say that I will get the Approval for Visa Transfer, but with consular processing and I need to Travel to my country of origin to get Visa stamped and I will get new I-94 when I enter US again.
Am I correct?
So you mean to say that I will get the Approval for Visa Transfer, but with consular processing and I need to Travel to my country of origin to get Visa stamped and I will get new I-94 when I enter US again.
Am I correct?
austingc
07-31 11:26 AM
Hi,
I will be traveling to India tomorrow and My AP expires 30-Aug-2010. My trip is only for 10 days and I will be back by Aug12.
So I was wondering if there will be any issues at POE or in India, since my AP expires in less than 30 days?
This is my second trip on AP.
Also, what all I need to carry? I have EAD, Employment letter, 485-receipt, 2 Pay stubs, W2 ?
Adding to this, my PD will be current from Aug-1st :(
Any suggestions, inputs most welcome. (This is a medical emergency with parent.so cannot avoid)
Sorry to hear about your parents. Hope they are doing ok. It should not be a problem and you can even enter the country on Aug 30, 2010, the day your AP expires. The only question they would ask is 'Are you still working with ABC' (GC sponsership company) and may be some additional questions about your location and the purpose of your trip.
Since this is your second trip you should know by now what documents you need to carry with you. I travelled twice in this year and carried only my I-485 receipt and AP, thats it. When you enter the country with AOS status they don't really care much about other documents but if you want to carry all the above mentioned documents, it does not hurt.
If your 485 is approved while you are outside of the country, you will not face any problem since you have a valid AP. Good luck!
I will be traveling to India tomorrow and My AP expires 30-Aug-2010. My trip is only for 10 days and I will be back by Aug12.
So I was wondering if there will be any issues at POE or in India, since my AP expires in less than 30 days?
This is my second trip on AP.
Also, what all I need to carry? I have EAD, Employment letter, 485-receipt, 2 Pay stubs, W2 ?
Adding to this, my PD will be current from Aug-1st :(
Any suggestions, inputs most welcome. (This is a medical emergency with parent.so cannot avoid)
Sorry to hear about your parents. Hope they are doing ok. It should not be a problem and you can even enter the country on Aug 30, 2010, the day your AP expires. The only question they would ask is 'Are you still working with ABC' (GC sponsership company) and may be some additional questions about your location and the purpose of your trip.
Since this is your second trip you should know by now what documents you need to carry with you. I travelled twice in this year and carried only my I-485 receipt and AP, thats it. When you enter the country with AOS status they don't really care much about other documents but if you want to carry all the above mentioned documents, it does not hurt.
If your 485 is approved while you are outside of the country, you will not face any problem since you have a valid AP. Good luck!
more...
dcrtrv27
10-09 02:33 PM
This happens from time to time dont know why but it happens.It happened for my wife too , we had efiled for EAD and her application status showed that notice(FP) returned as undeliverable. My wife wrote back to USCIS
saying that she had received all her prior communication from USCIS here
(for example we put in copies of 485 recipt notice,485 FP notice,EAD recipt notice) and it seems to a mistake of USPS. She also wrote to the Local Postmaster as to why the notice from USCIS was returned and in future all this should not reoccur. Within a day or two we got her EAD approved and recieved it in mail.
The point I am trying to make is that calling(it might not be the best option as lines are busy,reps dont have the info you would like etc) as well as writing does help when u know the where to send mail , we were lucky as we had efiled so it does specify where to send the application and docs .Good Luck.
In my case just now I called up again with POJ method got hold of nice IO. She took her own time to dig out all teh information rleated to my case and saught confirmation on many things like address name etc. After few minutes she said dont worry about the online status my case is assigned to officer. I hope whatever the outcome will be good.
saying that she had received all her prior communication from USCIS here
(for example we put in copies of 485 recipt notice,485 FP notice,EAD recipt notice) and it seems to a mistake of USPS. She also wrote to the Local Postmaster as to why the notice from USCIS was returned and in future all this should not reoccur. Within a day or two we got her EAD approved and recieved it in mail.
The point I am trying to make is that calling(it might not be the best option as lines are busy,reps dont have the info you would like etc) as well as writing does help when u know the where to send mail , we were lucky as we had efiled so it does specify where to send the application and docs .Good Luck.
In my case just now I called up again with POJ method got hold of nice IO. She took her own time to dig out all teh information rleated to my case and saught confirmation on many things like address name etc. After few minutes she said dont worry about the online status my case is assigned to officer. I hope whatever the outcome will be good.
willgetgc2005
04-24 11:47 PM
dilbert_cal / others,
I have a EB3 2002 PD . My 140 is approved and is 485 pending for 2 years. I have EAD as well. So my question is if I join a new employer using AC21 and have the new employer file an EB2 and then try to port PD, will it work. Assume my current employer will revoke 140. Will the PD portabilty still work ?
Thanks
_________________________________________________
If your previous company has closed down, there isnt any way you can port the PD.
PD transfer can be done if you have an approved I-140. Since you didnt reach that stage and also since the company is no longer around ( which kills any possibility of filing 140 with them ) , you wouldnt be able to port your PD.
Also for PD transfer through approved I140, your job responsibilities, your location of work etc do not play any role.
I have a EB3 2002 PD . My 140 is approved and is 485 pending for 2 years. I have EAD as well. So my question is if I join a new employer using AC21 and have the new employer file an EB2 and then try to port PD, will it work. Assume my current employer will revoke 140. Will the PD portabilty still work ?
Thanks
_________________________________________________
If your previous company has closed down, there isnt any way you can port the PD.
PD transfer can be done if you have an approved I-140. Since you didnt reach that stage and also since the company is no longer around ( which kills any possibility of filing 140 with them ) , you wouldnt be able to port your PD.
Also for PD transfer through approved I140, your job responsibilities, your location of work etc do not play any role.
desi3933
02-10 04:00 PM
Guys --
I got 485 Card production order and welcome notice email yesterday . I am assuming that means I got PR . my company has filed for H1 -B extension last week itself . what will happen to that extension , do we need to revoke/withdraw that petition ?
has anyone being in this situation ?
Thanks,
gandalf
Since you are a permanent resident (green card holder) now, H1-B petition must be denied. But, it should not matter.
_______________________
Not a legal advice.
US Citizen of Indian Origin
I got 485 Card production order and welcome notice email yesterday . I am assuming that means I got PR . my company has filed for H1 -B extension last week itself . what will happen to that extension , do we need to revoke/withdraw that petition ?
has anyone being in this situation ?
Thanks,
gandalf
Since you are a permanent resident (green card holder) now, H1-B petition must be denied. But, it should not matter.
_______________________
Not a legal advice.
US Citizen of Indian Origin
veni001
01-30 07:15 PM
I am actually doing this right now. See my signature.
As long as your employer document all stuff, i.e what happens to current EB3 position etc.. you should be OK, if not, even after i140 approval USCIS can come back and revoke approved i140( for fraud);)
As long as your employer document all stuff, i.e what happens to current EB3 position etc.. you should be OK, if not, even after i140 approval USCIS can come back and revoke approved i140( for fraud);)
vkmurthy260
06-25 11:32 AM
If you ask for a new I 94 you can get it from POE (provided I 94 is about to expire ). I got a new one while entering from Mexico last week. went out and came back in same day .
Hope this is information is usefull.
Thanks
Kris.
Hope this is information is usefull.
Thanks
Kris.
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