insbaby
06-12 10:18 AM
Hi,
While in the process of filing for labor certification my company has found 2 suitable citizens who are eligible for the job.
Now what are my options going forward and how does this affect my chances of a successful PERM filing ??
I'm filing in EB3 category right now. Also I need to file for labor before oct since my H1 will expire its original 6 year length next Oct (Oct 2010).
It appears that you have not realized that you have been admitted in this country for work because there was no US Citizen available to do the same work.
As you have agreed that two US Citizens are available, you must give them the oppertunity.
If not, not only you are but your company is also in trouble.
While in the process of filing for labor certification my company has found 2 suitable citizens who are eligible for the job.
Now what are my options going forward and how does this affect my chances of a successful PERM filing ??
I'm filing in EB3 category right now. Also I need to file for labor before oct since my H1 will expire its original 6 year length next Oct (Oct 2010).
It appears that you have not realized that you have been admitted in this country for work because there was no US Citizen available to do the same work.
As you have agreed that two US Citizens are available, you must give them the oppertunity.
If not, not only you are but your company is also in trouble.
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jediknight
07-26 09:59 AM
Good advice with different viewpoints.
My advice is "Look for a good mentors" with who you can discuss your situation in detail.
My preference is
Family
GC
Career
This works better in the long term :-)
- JK
My advice is "Look for a good mentors" with who you can discuss your situation in detail.
My preference is
Family
GC
Career
This works better in the long term :-)
- JK
HeeKwan
02-01 08:44 PM
Congrats
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rmutyala
07-14 07:39 PM
Houston
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logiclife
10-17 03:00 PM
Hi,
I have applied for my EAD and I-485 in the month of June '07 and all that i have recieved so far is my wife's EAD. I still did not recieve my EAD nor the finger prints notice nor the 485 yet. I have to move to IL from TX now and i am in a big confusion now. I heard that the mails from the USICS will not be forwarded to any new address by the USPS. If i would want to change my address with the USCIS now will it be a good move or is there any other alternative that you all could suggest me...Please advice me on this issue and help me out of this situation.
Krishna.
Yes, the post office DOES NOT forward USCIS mail even if you fill out the "forwarding address" form at post office, I have read this somewhere.
However, you can change your address with USCIS directly with AR-11. That way, USCIS will send it to your new address. Another thing, the receipt notices will go to your lawyer if you used a lawyer. Once the receipt notices come, register those case numbers in an online customer account on USCIS and track status. Once the status is approved, (of EAD or AP), then call USCIS to confirm that the cards are being shipped to your new address.
I have applied for my EAD and I-485 in the month of June '07 and all that i have recieved so far is my wife's EAD. I still did not recieve my EAD nor the finger prints notice nor the 485 yet. I have to move to IL from TX now and i am in a big confusion now. I heard that the mails from the USICS will not be forwarded to any new address by the USPS. If i would want to change my address with the USCIS now will it be a good move or is there any other alternative that you all could suggest me...Please advice me on this issue and help me out of this situation.
Krishna.
Yes, the post office DOES NOT forward USCIS mail even if you fill out the "forwarding address" form at post office, I have read this somewhere.
However, you can change your address with USCIS directly with AR-11. That way, USCIS will send it to your new address. Another thing, the receipt notices will go to your lawyer if you used a lawyer. Once the receipt notices come, register those case numbers in an online customer account on USCIS and track status. Once the status is approved, (of EAD or AP), then call USCIS to confirm that the cards are being shipped to your new address.
dazed378
03-28 02:47 PM
Thanks, snathan.
Is not it strange that IRS processed the tax refund before completing the ITIN processing? They could not confirm the current status of my wife's ITIN processing, as they could not pull out any details about the W-7 based on the information provided by me. They only guessed that it might be still undergoing processing. I wonder if they misplaced the W-7 form or something like that :-(.
Is not it strange that IRS processed the tax refund before completing the ITIN processing? They could not confirm the current status of my wife's ITIN processing, as they could not pull out any details about the W-7 based on the information provided by me. They only guessed that it might be still undergoing processing. I wonder if they misplaced the W-7 form or something like that :-(.
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snhn
07-14 09:51 AM
suppose this SKIll bill is passed, probablly not this year since election are aboutto happen. what are the chances that EB3 worldwidw will become current when SKILL BILL goes into affect. I am sure there are majority of people here are Eb3 category.
What if someone is got a few monts left before they finsih the Masters, but their process in in EB3. Can they take advantage of this bill. Obviouslly one has to finish the degree first.
thaughts?
What if someone is got a few monts left before they finsih the Masters, but their process in in EB3. Can they take advantage of this bill. Obviouslly one has to finish the degree first.
thaughts?
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sledge_hammer
07-01 12:43 PM
I am in the same situation currently.
My company's attorneys believe that mine is not an AC21 case because I am going from Software Engineer (per PERM) to Lead Software Engineer, with substantial pay hike.
They are sending me papers for H-1B amendment and extension only (extension because my H-1B will expire soon).
Why is there a need to invoke AC21 in your case? Is there substantial change in responsibilities?
I am also in a simlar situation except that the job location is same but job position going to be Sr. Programmer analyst for the same employer who is sponsoring my GC and for whom i am working for last 6 + yrs.
According to our company attorney and HR, i am eligible for promotion using the AC-21 and they are preparing my AC-21 package to USCIS.
In the AC-21 letter to USCIS it is clearly mentioned that i will be using AC-21 provision of the immigration law to accept the new position for the same employer. HR also verified that this is a natural progression for my job position.
Anyways i would suggest please talk to your HR and company attorney as they would know the best course of action for you. Remember in the immigration world even if you think u r into similar situation with other person, it may not be true in all cases.
My company's attorneys believe that mine is not an AC21 case because I am going from Software Engineer (per PERM) to Lead Software Engineer, with substantial pay hike.
They are sending me papers for H-1B amendment and extension only (extension because my H-1B will expire soon).
Why is there a need to invoke AC21 in your case? Is there substantial change in responsibilities?
I am also in a simlar situation except that the job location is same but job position going to be Sr. Programmer analyst for the same employer who is sponsoring my GC and for whom i am working for last 6 + yrs.
According to our company attorney and HR, i am eligible for promotion using the AC-21 and they are preparing my AC-21 package to USCIS.
In the AC-21 letter to USCIS it is clearly mentioned that i will be using AC-21 provision of the immigration law to accept the new position for the same employer. HR also verified that this is a natural progression for my job position.
Anyways i would suggest please talk to your HR and company attorney as they would know the best course of action for you. Remember in the immigration world even if you think u r into similar situation with other person, it may not be true in all cases.
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chi_shark
09-09 03:45 PM
This issue must have been beaten to death already... I do not think that you have to be a permanent resident or Citizen in USCIS terms for doing S-Corp. The requirement is stated in a negative fashion in the code. I mean that the code lists what cannot be instead of what should be. And I think it means that a s-corp shareholder cannot be a non-resident alien. Thats it. I am on EAD and I have an S-Corp (i dont do IT with that company). I have a full time IT job and run the company part time...
I would have liked to do LLC except that it is more expensive to set it up compared to corp. there are record keeping requirements on corp... but if you are a good CEO, you will keep records for any company... no matter what legal style of organization.
The only operational benefit of S-corp or llc is the pass through taxation... i.e. income is taxed only once... c-corp has to be taxed on profits... on the flip side, however, you may potentially have a company that does very little business in the first year and hence very little profits or taxes... you could give yourself a handsome (but reasonable) salary and hence declare loss or zero profits... there are ways..
finally, I recommend spending the extra time, money, effort to read a few books (like "Inc yourself") and subscribe to inc magazine, entrepreneur magazine to do all legal and accounting stuff yourself in the first 1 2 years... you will learn a lot! on the other hand if you are starting with large capital base, then you can probably hire everyone right off the bat! (you probably would not have come here if you had plenty of money to hire everyone)
Please don't give incorrect answers.
All three corporation types (C-Corp, S-Corp, and LLC) have limited liability to its shareholders.
The main difference in these corp types are
1. How much record keeping is done
2. The way taxes are computed and filed with IRS
3. The kind of expenses allowed to deduct
4. C-Corp and LLC can carryover profits to next year(s), but S-Corp has to pass on profit (or loss) to the shareholders at the end of every calendar year.
For S-Corp, the shareholders must be Permanent Resident or US Citizen.
I have corporation of my own and this is C-Corp (due to kind of expenses I can deduct and/or write-off). I did all the incorporation work myself without any help from CPA. Incorporation is pretty straight forward and very easy. There are good books in Nolo Press on Corporate Incorporation.
____________________________________
Proud Indian American and Legal Immigrant
I would have liked to do LLC except that it is more expensive to set it up compared to corp. there are record keeping requirements on corp... but if you are a good CEO, you will keep records for any company... no matter what legal style of organization.
The only operational benefit of S-corp or llc is the pass through taxation... i.e. income is taxed only once... c-corp has to be taxed on profits... on the flip side, however, you may potentially have a company that does very little business in the first year and hence very little profits or taxes... you could give yourself a handsome (but reasonable) salary and hence declare loss or zero profits... there are ways..
finally, I recommend spending the extra time, money, effort to read a few books (like "Inc yourself") and subscribe to inc magazine, entrepreneur magazine to do all legal and accounting stuff yourself in the first 1 2 years... you will learn a lot! on the other hand if you are starting with large capital base, then you can probably hire everyone right off the bat! (you probably would not have come here if you had plenty of money to hire everyone)
Please don't give incorrect answers.
All three corporation types (C-Corp, S-Corp, and LLC) have limited liability to its shareholders.
The main difference in these corp types are
1. How much record keeping is done
2. The way taxes are computed and filed with IRS
3. The kind of expenses allowed to deduct
4. C-Corp and LLC can carryover profits to next year(s), but S-Corp has to pass on profit (or loss) to the shareholders at the end of every calendar year.
For S-Corp, the shareholders must be Permanent Resident or US Citizen.
I have corporation of my own and this is C-Corp (due to kind of expenses I can deduct and/or write-off). I did all the incorporation work myself without any help from CPA. Incorporation is pretty straight forward and very easy. There are good books in Nolo Press on Corporate Incorporation.
____________________________________
Proud Indian American and Legal Immigrant
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Green_Always
05-08 07:28 PM
I use SBI and it is good. My Vote is for SBI .
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pdakwala
06-26 12:12 PM
The senate just voted on the cloture motion. The motion is agreed to and the bill proceed further. The bill got 64 yes and 35 no. The senate majority leader Reid of Nevada is expected to choose the "clay pigeon" option.
The option will give the expedite passage of this bill from the Senate.
Pratik
The option will give the expedite passage of this bill from the Senate.
Pratik
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ebizash
11-10 04:39 PM
Finished the survey
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LostInGCProcess
09-18 04:24 PM
my I-140 is pending for than 600 days as well in addition to my pending I-485.
while using EAD with my current GC applying employer(lets say not
getting paid as in this economy its hard to find corp to corp jobs), can I
work another job full time using EAD?
It would be risky to move to another company before your I-140 is approved.
If you start using your EAD, you no longer will be in H status. You would be in AOS pending status.
while using EAD with my current GC applying employer(lets say not
getting paid as in this economy its hard to find corp to corp jobs), can I
work another job full time using EAD?
It would be risky to move to another company before your I-140 is approved.
If you start using your EAD, you no longer will be in H status. You would be in AOS pending status.
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delax
07-16 05:41 PM
"Rumors have been rampant about whether (and, if so, how) Department of Homeland Security and/or Department of State are going to address their actions resulting in the refusal of adjustment of status filings for most employment-based applicants in July and for 'other worker' applicants during June. There have been efforts, including EXTREMELY active efforts by AILA and AILF, on all possible fronts to pressure the government into remedying its own actions. However, as of this writing nothing has been resolved and it is not known if it will be resolved without litigation. The situation is extremely fluid, and as soon as there is something FACTUAL to report, it will be posted immediately on InfoNet."
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CrazyBoys
01-31 11:50 PM
Normally VISA bulletine gets advertised atleast 15-20 days before date becomes current. You can apply for your wife's I-485 during that time (Mostly from 1st day of the month). I don't know there is any grace period after I-485 is approved. It is better to file for I-485 as soon as date gets current to avoid any risk.
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09-26 09:14 PM
Check out the local chapter messages on how to call in.
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tinuverma
03-17 01:44 PM
Thanks for the response Tom. What if I want to use my EAD card and not do an H1 transfer. Is that going to be a problem?
There is no requirement for number of employees. You need to make sure the company is financially capable to do H1. You must make sure you get salary equal or above the salary offered in your LC. And also the job duties are same or similar.
There is no requirement for number of employees. You need to make sure the company is financially capable to do H1. You must make sure you get salary equal or above the salary offered in your LC. And also the job duties are same or similar.
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Rishi123
11-09 12:23 PM
Dear Friends :
Appreciate if you could provide some insight to my situation.
I had filed my labor certification from company (A) ( Based on future employment ) .
PD Sep/04
I did not work for the company (A)
My labor certification has got approved and now I am preparing to file I-140.
In the mean while my current employer (B) had approved to file my GC- ( PERM labor ) will get it filed in beginning of 2007.
Should I file my I-140 from company (A) in order to retain PD...I am told that once the I-140 gets approved from (A ) the priority date can get transferred to the company B when ever that I-140 stage reaches.
Is this a recommended course ? would there be flags raised when I file PERM labor & subsequent I-140 for company (B)..I came across items on the I-140 form that asks " has any Immigration visa petition ever being filed behalf of this person"..Not sure what are the implications if one confirms the same.
I am not able to get a clearer picture.
You help will be highly appreciated
Rishi
Appreciate if you could provide some insight to my situation.
I had filed my labor certification from company (A) ( Based on future employment ) .
PD Sep/04
I did not work for the company (A)
My labor certification has got approved and now I am preparing to file I-140.
In the mean while my current employer (B) had approved to file my GC- ( PERM labor ) will get it filed in beginning of 2007.
Should I file my I-140 from company (A) in order to retain PD...I am told that once the I-140 gets approved from (A ) the priority date can get transferred to the company B when ever that I-140 stage reaches.
Is this a recommended course ? would there be flags raised when I file PERM labor & subsequent I-140 for company (B)..I came across items on the I-140 form that asks " has any Immigration visa petition ever being filed behalf of this person"..Not sure what are the implications if one confirms the same.
I am not able to get a clearer picture.
You help will be highly appreciated
Rishi
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checklaw
07-13 11:36 AM
Checklaw,
By Law, you must apply for an intended travel.
However it has been routine practice to get AP renewed because if there is an emergency and on your return if your GC is approved AP is handy.
I am July 2007 filer. I applied in 2007. Did not apply in 2008 (had a valid h1b visa stamped in Passport which expires in Sep 2009) and re applied in 2009. No Issues.
Thanks
Senthil
Thanks for responding akilaakka. I have always understood the emergency part and urgent travel part for AP renewal. As renewing AP for family is pretty expensive, what am trying to understand is:
Should one renew AP if there is no travel anticipated just to satisfy any legal mumbo jumbo?
Your scenario appears to be different in the sense you indicated you still have a unexpired valid visa stamped in passport.
Are AP extension gaps fine with respect to expired or no H1B visa.
BR
checklaw
By Law, you must apply for an intended travel.
However it has been routine practice to get AP renewed because if there is an emergency and on your return if your GC is approved AP is handy.
I am July 2007 filer. I applied in 2007. Did not apply in 2008 (had a valid h1b visa stamped in Passport which expires in Sep 2009) and re applied in 2009. No Issues.
Thanks
Senthil
Thanks for responding akilaakka. I have always understood the emergency part and urgent travel part for AP renewal. As renewing AP for family is pretty expensive, what am trying to understand is:
Should one renew AP if there is no travel anticipated just to satisfy any legal mumbo jumbo?
Your scenario appears to be different in the sense you indicated you still have a unexpired valid visa stamped in passport.
Are AP extension gaps fine with respect to expired or no H1B visa.
BR
checklaw
gccovet
09-04 01:42 PM
I beg to disagree on this thought:
I think in the above scenario, they do not invalidate your H1. You can continue till the end-date on the H1, even though it was approved based on pending I-485. I suggest you consult an attorney on this specific scenario.
You can work on h1b - you will get H1b based on existing approved 140 and pending 485.
If 140 is revoked by employer you may get a RFE or NOID or in rare cases erroneous denial but you can continue on h1b while you respond to RFE or NOID oor through MTR to erroneous denial.
Sending AC21 docs does not necessarily mean you may not get NOID - AC21 docs seldom go into your file.
LostInGCProcess, Chanduv23,
Thank you for your replies, I appreciate it.
So, I guess, it is okay to get the H1B "Transferred" and if (god forbid) I-485 gets denied, I can still work till the teneure of H1B and then go home.
Also, if i-140 is revoked , that should trigger NOID or RFE which the lawyer will handle (hopefully successfully).
Once again, Thanks a lot.
Regards.
GCCovet
I think in the above scenario, they do not invalidate your H1. You can continue till the end-date on the H1, even though it was approved based on pending I-485. I suggest you consult an attorney on this specific scenario.
You can work on h1b - you will get H1b based on existing approved 140 and pending 485.
If 140 is revoked by employer you may get a RFE or NOID or in rare cases erroneous denial but you can continue on h1b while you respond to RFE or NOID oor through MTR to erroneous denial.
Sending AC21 docs does not necessarily mean you may not get NOID - AC21 docs seldom go into your file.
LostInGCProcess, Chanduv23,
Thank you for your replies, I appreciate it.
So, I guess, it is okay to get the H1B "Transferred" and if (god forbid) I-485 gets denied, I can still work till the teneure of H1B and then go home.
Also, if i-140 is revoked , that should trigger NOID or RFE which the lawyer will handle (hopefully successfully).
Once again, Thanks a lot.
Regards.
GCCovet
saravanaraj.sathya
11-13 08:04 PM
This is due to the change of address. The receipts which were returned to USCIS will be mailed back to your new address based on ur address from Ar-11 database. Nothing to worry. I had the same status and today I received the receipts which were returned back to them from my previous address.
I asked her if it is change of address they sent she is not sure but she said usually it is the card when Current Status: is "Document mailed to applicant."
She put in a service request for me and she some one is going to contact me in 30 business days.
I asked her if it is change of address they sent she is not sure but she said usually it is the card when Current Status: is "Document mailed to applicant."
She put in a service request for me and she some one is going to contact me in 30 business days.
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