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To Whom It May Concern:

My H1B expires in July 2010 so I would have to start the PERM process now. In this current economic downturn it seems that it will be extremely difficult to get PERM certified. I also have a Permanent Residence to Canada. My current US employer would be willing to let me go to Canada for 1 year (and work for him remotely) so my H1B clock resets and then reapply for a fresh 6 years of H1B after I came back.

What would be your advice: go to Canada and wait 1 year and then come back on H1B and apply for GC once things get better or risk it now and start PERM in this time? Please note that I live in New York City so it is even harder to get PERM as there are so many people here. I would like to apply in EB2 category.

Please advise.

Thank you so much for your time!

If I were you...I would start the PERM now and if anything goes wrong, I would go to canada and come back after a year. If I get the PERM approved, I dont have to lose anything.

You never know. When you have back up why you worry.

Yes, you can upgrade to anytime and in your case, if you had labor approved and I140 pending until Nov 1st, then you can upgrade to PP, wait for its approval and apply for a 3 year extension.

You can also apply for H1 before and when I140 pps goes through, notify CIS about your I140 approval with a request to grant a 3 year extension instead of 1.

AFAIK you cannot use your SSN to receive google adsense revenues if you want to continue on H1B. It counts as business income and Google will send you a 1099 form and that is not allowed on an H1B. What people usually do is get someone in their home country to be the Google Adsense beneficiary. If you use your own ssn, on paper, it puts you out of H1B status.

Here (http://answers.google.com/answers/threadview?id=714462)is a link with explanations.

Hi,

Currently i am working for a for-profit company on F1-OPT until April-07 (when my OPT expires)

This company will file H1B for me on April 1st for start date of Oct 1st and consequently, i will be out of job for 5 months (May-Sept).

Previously the company said that they will put be on Leave of Absense (LOA) for this 5 month gap until my H1b start-date kicks off on Oct 1st but now,

they are telling me that i will be terminated at April but will be hired again on Oct 1st and they will not put me on LOA.

1. Is there any way i can protect my job as they are terminating me now and then promising me to re-hire again on Oct 1st?

2. Should i ask for a job offer later stating a new hire date of Oct 1st?

3. Anything i am missing here? -- concerned that they first told me i will be on LOA but now telling me i will be terminated and again re-hired.

Note: The company is paying for both atorney and H1b fees and for this 5 month gap, i will be on H4, so no need to leave US.

Will appreciate any feedback on my 3 questions/concerns above - than ks.


I was in a similar position a few years ago. I had to be at home for 1 month.
From that experience I know that your company is approaching the situation in the correct/legal fashion. It is illegal for the company to employ you (even on LOA without pay or benefits) once your OPT expires.

1] Most jobs are at-will meaning there is no real way to "protect your job".

2] If they are filing for your H1 then the company will be submitting a letter to the government saying that they intend to employ you starting October 1, you can ask for a copy of the letter.

3] They must have talked to their immigration attorney who set them straight about LOA etc.

As others mentioned, if the company is willing to spend 5k to get you a H1, they intend to employ you after October 1.

As for "back-up H1", you can definitely look for a job and get a H1 from a different company also but on October 1st you will have to choose where you want to work. Remember if you choose to get "back-up H1s", you are essentially screwing one company and also wasting one valuable H1 visa. You are being un-necessarily cautious if not downright paranoid. However, if you are person who believes in "back-up tickets", "back-up house" in case "back-up car" etc. then go ahead, look for "back-up H1s".

Good luck.

If the name check is over and they can also assign a visa number to low hanging fruits and give out a GC... I don't know whether its linked to PD or Receipt Date because there were posts about EB2 05 getting GC...:confused:

That is your frustration talking. :D :D :D

Hope you are feeling *better* after venting out your frustration.

I think he is just talking to himself out of frustration..LOL :D:D

per my OP, my physical receipt said my "RECEIPT date" is July 30th.
but the ONLINE status said "it was RECEIVED on Sept 5th"\

I was mainly concern about the wording on the online statis "received on..."

how did you determine I was a NSC-CSC-NSC transfer case from that?
I am a little confused here.

thank you very much

Systems were designed when as soon as mail was recieved, it was entered in the system. Therefore, for practical purposes, data entry date was the receive date. Many centers, when they claim, "we process cases in order we receive them...", or "our processing is within prescribed time schedule limits...", they treat this data entry date as the received date (as they think until it reached them for data entry, it is not their responsibility). When files are shuffled around, there may be a big difference in these dates, but no one has ever clarified that issue.

Actually Steve I've been doing some reading and research but I've always been some what of a "show me don't tell me" type person. At the present I only own the Kit lens that came with the D70 (AF-S DX Zoom-Nikkor 18-70mm f/3.5-4.5G IF-ED). So you have me at a disadvantage when you speak of limitations of a lens that goes to 5.6 on the long end. Basically I'm looking for a affordable zoom for landscape, concert and sport photography. I've read several favorable user reviews but then not knowing the source of these reviews you don't know if they also gave four and a half stars to a coke bottle. Reading through posts here on the forum I can tell who are the professional photographers by their equipment knowledge. So saying that there are opinions I would find more valuable than others. In a nutshell I have found the lens in question on Ebay at a current bid of 250 dollars. If I am correct this is half of what it lists for. I'd just like to know if it would be a good buy/good lens for a aspiring photographer to begin expanding his lens arsenal with.

You will just need the AP for yourself but make sure you return before the expiry date of the AP and not the I-94 any issued or stamp in the PP. For the baby you can use 1 of the 3 options available - Visa/PIO/OCI. Hope this is helpful.

That's true for my case. My labor certification was denied once due to the naive aknowledge of my para-legal attorney. It caused my LC was delay 1 year then I was stuck by Retrogression. Again at filing I-485, if I have not carefully studied the immi laws and reviewed my case, my attorney might mess it up. Many times I found my non-professional, clumsy knowledge on Immi laws is even better than my para-legal attorney
http://immigrationvoice.org/forum/showthread.php?t=2453

No Proof will work, if you receive packet after 17th Aug. So hope for best or will file on oct again :)

Dear All,
Today, one of my Friend’s I-485 got returned from Mail room due to Filing fee missing.

He is 100% sure that he attached 325$+70$ filing fee along with application, he has photocopy too to prove his stand.

He is lucky, that he is re- filing it again, my question is , what happens, if the file get returned due to mail room clerks error . Can we refile again after 17th Aug,2007 ?

What proof we have to make sure that we filed properly, will USCIS honor our proof ( that is photocopy of all the document we retain ) as a proof that we filed properly.

All stamps will be updated tomorrow :P I went a little over a week this time.

This is hard to know, it is such a sad story.....I have sent this story to many of my friends... we will think of something to help

Hi kumhyd2,

I am in same boat. What i am thinking is, just work for that employer
for say 1 year or so and then invoke AC21. Then you should have any issues.

My 2 cents.

Thanks,
kris

I 140 : approved last month
I 485 : July 07 filer passed 180 days
GC Process : Substition Labor / Future employment

The future employer is threatening to withdraw the I 140 if I dont comply with his financial terms.

I heard that if I 140 is approved and 485 is pending for 180 days, even if the employer withdraws I140 , there isn't much we need to worry. Is this true. currently on h1 which is expiring next month 6th. To convert to EAD do I need to do anything specific and send an update to USCIS?

I am planning to go to India with my family in december. Please suggest some tourist spots across India.
Not the usual ones like tajmahal or gateway of india etc. Thank you.


Your ID is offensive, TelanganaINDIA

So here is a lesson for you
Go to Calcutta and visit Missionaries of Charity. Donate some of your dollars there for a good cause.

Then go to Bombay Dharavi slums.

Then go to villages in India and live with poor.

Your family will understand the reality of this world and become better human beings with you. Or they will think Andhra is a country and Andhrites are the only people in this world. It is typical of some Indians who only care and mix with their own state. (Begalis, Andhra, Marathi to name a few). India is declining due to such people who do not believe in being an Indian.

Hello Augustus,

Please provide more information like PD, ND and other filing dates.

submit AR-11 form online and also send it by post also .

These time- pass threads are better than EB2 Vs EB3 threads.

If you are passing time on IV website...sorry.. either you may be a dumb .... who doesn't know what mess you are in (per your id EB3-Nov5) or an even more dumb anti guy...it is as simple as that... Since you are ignorant..I don't want to argue any further with you...

Friends, my EAD/AP will expire later this year along with my 8th year H-1B extension. My 140 isn't approved yet. Now, what happens if my employer wants to cut costs and says let's extend only your H-1B for now and let your EAD/AP expire? If I'm not wrong, filing for H-1B/H4 extension is cheaper than that for EAD/AP.

Specifically, these are my questions:

1. Can I extend EAD/AP on my own?
2. If I let my EAD/AP expire and continue working on H-1B, can I reinstate them (EAD and AP) at a later date in the future once my 140 is approved? In this scenario, there will be a gap between two successive EAD/APs.

Thanks.

Maverick_2008

______________________

EB3, India
PD: Feb 03
140/485 RD: July 26, 07, TSC
140/485 ND: Sept 17, 07, TSC
140/485 Status: Waiting..

One of our colleague was a project lead but on L1/L1A visa and they applied him showing as multinational manager and he got gc in 3 months. I just kept watching as I work as a consultant for a consulting firm waiting in line for GC.So I think its all luck.

Please enlighten me. What constitute a proof of immigrant intent?

Filing of:

1. LC
2. I-140
3. Medicals
4. I-485

etc...

I am confuse. Please explain.

in my opinion, the consul will consider lc filing as proof of immigrant intent. remember lc is the first step towards getting a green card so you're intention is to get a green card.

my advise is, if ever you decide you want to push through with your lc plan or change of status from b2 (tourist) to h1 (working), you must stay in the US until you get your gc. never ever visit the US embassy of your home country coz they'll definitely ask you about it and most likely, they'll ban you from entering the US permanently. once again, this is just my opinion. hope this one helps.