saileshdude
05-20 10:12 PM
From what I understand, if you have an H1b extended based on your Labor or I140 approval, if your I485 is denied, all applications/extensions based on your Adjustment of Status also expire.
From the lawyers' perspective, all of them promoting H1bs is more a business push than a 'favorable situation for the applicant' push.
Most EAD/AP applications/renewals are now filed by applicants directly, whereas H1Bs go thru the lawyers.
But keeping the moolah part aside, why would an EAD be invalid whereas a H1b be valid, when both are based on the Green Card application?
Because there are no clear regulations around what happens to H1 if I-485 gets denied. But there are existing regulations that EAD becomes invalid. So being on H1 gives you an edge. You will not able to extend/transfer H1 but there is no effect on existing approved h1.
Also even if you use EAD you can actually get back on H1 status without being counted against the quota as long as your I-485 is pending. But you will need to go out and get H1 stamped and re-enter. In this particular case, since father was primary applicant he could have sponsored new H1 w/o I-94 and get it stamped and re-enter. Not sure why lawyer did not suggest that.
From the lawyers' perspective, all of them promoting H1bs is more a business push than a 'favorable situation for the applicant' push.
Most EAD/AP applications/renewals are now filed by applicants directly, whereas H1Bs go thru the lawyers.
But keeping the moolah part aside, why would an EAD be invalid whereas a H1b be valid, when both are based on the Green Card application?
Because there are no clear regulations around what happens to H1 if I-485 gets denied. But there are existing regulations that EAD becomes invalid. So being on H1 gives you an edge. You will not able to extend/transfer H1 but there is no effect on existing approved h1.
Also even if you use EAD you can actually get back on H1 status without being counted against the quota as long as your I-485 is pending. But you will need to go out and get H1 stamped and re-enter. In this particular case, since father was primary applicant he could have sponsored new H1 w/o I-94 and get it stamped and re-enter. Not sure why lawyer did not suggest that.
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GotGC??
05-15 01:28 PM
Thanks...is your 140 in NSC or TSC ?
My case is also similar and I decided to go with EB2
My EB3 PD is Nov 2002. I got promotion this year and same company applied for my EB2 labor via Perm and got approved with in couple of months.
My attorney already filed my 485 application concurrently while applying for EB2 I-140 PD (PP) last month. I got an RFE(edu: 3 year Engineering degree). My EB2 I-140 is approved yesterday after receiving the RFE response. It's better to utilize the EB2 category if you can, in case if they decide to retrogress again, it's likely that you will get the GC soon with EB2 PD than EB3 PD.
My case is also similar and I decided to go with EB2
My EB3 PD is Nov 2002. I got promotion this year and same company applied for my EB2 labor via Perm and got approved with in couple of months.
My attorney already filed my 485 application concurrently while applying for EB2 I-140 PD (PP) last month. I got an RFE(edu: 3 year Engineering degree). My EB2 I-140 is approved yesterday after receiving the RFE response. It's better to utilize the EB2 category if you can, in case if they decide to retrogress again, it's likely that you will get the GC soon with EB2 PD than EB3 PD.
permfiling
02-09 09:13 AM
I don't think saying "moving back to india" is a good option especially in a small world
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pappu
02-10 01:18 PM
Check the job requirement for your position. What is the qualification needed for your position?
That will answer you.
That will answer you.
more...
bobbydalal
09-10 03:33 PM
Guys im an Eb3 applicant and my pd is 2007. I got a transfer notice of my I485 being transferred to USCIS-NBC lees summit ,mo . wHAT DOES THIS MEAN. i HAVE BEEN WORKING WITH THE SAME COMPANY FOR LAST 9 YEARS and had submitted all the tax returns at the time of I140 approval. Is there something i should worry about. pLEASE ADVISE.
braindrain
04-19 07:25 PM
Hi Folks,
My fiancee is a MS student and currently has student loan in India being charged at 13.5%. I am wondering if there is any loan that i can get here with a lower interest rate to repay off the one in india.
I would appreciate any pointers or suggestions here.
If your fiancee is still in the school, you can probably apply for Alternate/Private Student Loan. These loans are offered by most of the banks based on the credit score and don't have crazy transaction fees and APRs as credit card and other balance transfer offers. The interest rate is variable and typically tied with the prime and repayment period is around 15-20 years. AGain it depends on what you choose. The good part is that the repayment does not start until your fiancee graduates and the interest you pay on the loan is tax deductible. No need to itemize while you file taxes.
Search for "Alternate/Private Student Loan" and that should give you enough information.
My fiancee is a MS student and currently has student loan in India being charged at 13.5%. I am wondering if there is any loan that i can get here with a lower interest rate to repay off the one in india.
I would appreciate any pointers or suggestions here.
If your fiancee is still in the school, you can probably apply for Alternate/Private Student Loan. These loans are offered by most of the banks based on the credit score and don't have crazy transaction fees and APRs as credit card and other balance transfer offers. The interest rate is variable and typically tied with the prime and repayment period is around 15-20 years. AGain it depends on what you choose. The good part is that the repayment does not start until your fiancee graduates and the interest you pay on the loan is tax deductible. No need to itemize while you file taxes.
Search for "Alternate/Private Student Loan" and that should give you enough information.
more...
neverbefore
03-01 10:15 AM
Yes please explain that better.
Some grammar/spellings gremlins conspired to mash up what I believe was an illuminating post in the making.
No offence meant or intended, I suggest a repost of the one by Mark.:)
I am trying to figure out how much latency is to be expected in allotment of a GC for a case whose PD comes current sometime in the future and the processing date at whose service center too is later than the application date for the case at the time the PD comes current.
Thanks and best regards.
Some grammar/spellings gremlins conspired to mash up what I believe was an illuminating post in the making.
No offence meant or intended, I suggest a repost of the one by Mark.:)
I am trying to figure out how much latency is to be expected in allotment of a GC for a case whose PD comes current sometime in the future and the processing date at whose service center too is later than the application date for the case at the time the PD comes current.
Thanks and best regards.
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hpandey
06-02 03:18 PM
You have a valid point but in worst case scenario, can i use the EAD and handle the RFE at the time of citizen ship... is the RFE during approval of GC or during citizen ship ?
You won't get an RFE during approval of GC since you are legally here all the time due to AOS but your wife will get it when you file for her GC since she would be out of status all this time.
You won't get an RFE during approval of GC since you are legally here all the time due to AOS but your wife will get it when you file for her GC since she would be out of status all this time.
more...
Mahatma
08-15 09:56 AM
Welcome VDL Rao and continue to bless us through your wisdom.
Sorry if somebody offended you knowingly or unknowingly.
The best parameter of your recognition is: so many people wait to hear your words.
Please make it a routene to enlighten us at leat every 15 days about your take on USCIS affairs.
I am pledging to double my recurring contribution for next 3 years.
Regards.
Sorry if somebody offended you knowingly or unknowingly.
The best parameter of your recognition is: so many people wait to hear your words.
Please make it a routene to enlighten us at leat every 15 days about your take on USCIS affairs.
I am pledging to double my recurring contribution for next 3 years.
Regards.
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cin45220
03-28 03:10 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 :-(.
Hey Dazed,
How much time did it take you to get the refund?
Thanks,
-CinBoy
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 :-(.
Hey Dazed,
How much time did it take you to get the refund?
Thanks,
-CinBoy
more...
rajs
04-04 03:43 PM
my case is pending from 2004
visa numbers for PD are current but still no action on my case
i dint even get a reply for the enquire i made in Jan 2009
so for me its like a showoff story by USCIS :confused:
visa numbers for PD are current but still no action on my case
i dint even get a reply for the enquire i made in Jan 2009
so for me its like a showoff story by USCIS :confused:
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raghuram
05-08 04:53 PM
What if you directly send a personal check?
That will take a long time to get cashed. And the Indian bank may charge some additional fees to deposit it there.
That will take a long time to get cashed. And the Indian bank may charge some additional fees to deposit it there.
more...
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hopelessGC
04-20 10:59 AM
Rather, an Indian dude, or for that matter dudes everywhere would worry the most about the to-be-bride.
Of course, he doesn't want her financial burdens spoil the honeymoon, jk :D
Depending on what the payoff amount is, you can try getting a personal loan from DCU or a similar credit union at a low rate and payoff the India loan. And yes, you should check whether 13.5% interest is worse than the 6-7% interest you will pay on a US loan; so crunch some numbers using that calculator that is biting dust.
One thought...why don't you just pay cash down?
Of course, he doesn't want her financial burdens spoil the honeymoon, jk :D
Depending on what the payoff amount is, you can try getting a personal loan from DCU or a similar credit union at a low rate and payoff the India loan. And yes, you should check whether 13.5% interest is worse than the 6-7% interest you will pay on a US loan; so crunch some numbers using that calculator that is biting dust.
One thought...why don't you just pay cash down?
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skd
01-09 05:07 PM
Not a bad idea, I don't know what's purpose it will serve, Still just to know...I don't mind this poll.
more...
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srikanthmavurapu
08-16 12:29 PM
Hi ,
I have a problem with my employer. He never paid me ontime and he didn't paid me since April,2010. So i have applied for H1 trasfer as i am having problems with this Employer. My H1 got approved and now my old employer sent me a notice saying i am in breach of agreement and i should not work for the same client and he will sue me for 50,000 dollars .
Then i replied him saying since he is not paying me from past 4 months his agreement got voided as he is in Material Breach of Agreement.
He is still giving me hard time. Can any one please give some suggestions like if i also proceed legally will it be helpful to me .
Thanks,
Srikanth
I have a problem with my employer. He never paid me ontime and he didn't paid me since April,2010. So i have applied for H1 trasfer as i am having problems with this Employer. My H1 got approved and now my old employer sent me a notice saying i am in breach of agreement and i should not work for the same client and he will sue me for 50,000 dollars .
Then i replied him saying since he is not paying me from past 4 months his agreement got voided as he is in Material Breach of Agreement.
He is still giving me hard time. Can any one please give some suggestions like if i also proceed legally will it be helpful to me .
Thanks,
Srikanth
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yabadaba
06-22 09:29 AM
the civil surgeon told me that as per CDC directive all applicants need to have a TB skin test irrespective of the X ray. Good luck with 693
more...
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FinalGC
12-02 01:21 PM
If your company is paying for GC, then go ahead and apply for GC and hope 140 will be approved, so that u can apply for H1.
Yes you have run out of time, since you have already crossed the 365 day limit before 6 year ends, before which u needed to apply for GC. Otherwise you could have applied for H1 renewal based on GC application. Now u have only 3 options.
1. Go back to India after 6year expires
2. Hope 140 gets approved before sept 30, 09 and apply for premium processing h1 if you want h1 to be done quickly
3. Convert to F1...you can send the papers for F1 to your college and you can have that available without affecting your H1, until u begin using F1 status
hope that helps
Yes you have run out of time, since you have already crossed the 365 day limit before 6 year ends, before which u needed to apply for GC. Otherwise you could have applied for H1 renewal based on GC application. Now u have only 3 options.
1. Go back to India after 6year expires
2. Hope 140 gets approved before sept 30, 09 and apply for premium processing h1 if you want h1 to be done quickly
3. Convert to F1...you can send the papers for F1 to your college and you can have that available without affecting your H1, until u begin using F1 status
hope that helps
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aadimanav
02-07 11:36 AM
Hello Friends,
Just curious to know your opinion / experience regarding the current job opportunities in India (near DELHI / NCR) for IT guys. What realistic salary/benefits should someone expect with graduate degree (masters) from US and 8 years of working experience as Programmer Analyst/ Developer / Sr Developer in desi/vedesi mid-sized consulting companies in US? I have no clue, no rough idea, so I thought may be I should ask you guys.
Regards,
Just curious to know your opinion / experience regarding the current job opportunities in India (near DELHI / NCR) for IT guys. What realistic salary/benefits should someone expect with graduate degree (masters) from US and 8 years of working experience as Programmer Analyst/ Developer / Sr Developer in desi/vedesi mid-sized consulting companies in US? I have no clue, no rough idea, so I thought may be I should ask you guys.
Regards,
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cjain
11-12 05:42 PM
after 180 days it doesn't make a difference whether i-140 is approved or not, one can change job..
i am not a lawyer
i am not a lawyer
fromnaija
07-20 04:34 PM
You will need to file an immigrant petition (Form I-130) for your child and wait for its approval. Your child will have to wait overseas until his/her priority is current. Thereafter, there will be some form of consular processing and the child will obtain an immigrant visa. Thereafter you can bring your child to the USA. It is a long process......
Caveat: I am not an attorney. You may want to confirm this solution with your lawyer.
I and my spouse both have green card. We have a kid who was born in INDIA. He has not visited USA till now. The kid is about 2 years.
We are planning to bring the kid by end of this year to USA.
So what visa should we apply for him we are not sure :confused:
A friend told that he had a baby born to him in india and came to usa with in the 1st 6 month to USA and since both parents were having green card, at port of entry in USA, the kid also got greencard for 5 years this was couple of years back.
But in my case, the kid is 2 years AND also not sure what is the procedure now. Is it still true by default the kids automatically gets the green card at port of entry (Is there any age limit I hope may be till < 13 yrs) if parents posses valid green card. Please help me in this situation.
Thanks in advance, ;)
Caveat: I am not an attorney. You may want to confirm this solution with your lawyer.
I and my spouse both have green card. We have a kid who was born in INDIA. He has not visited USA till now. The kid is about 2 years.
We are planning to bring the kid by end of this year to USA.
So what visa should we apply for him we are not sure :confused:
A friend told that he had a baby born to him in india and came to usa with in the 1st 6 month to USA and since both parents were having green card, at port of entry in USA, the kid also got greencard for 5 years this was couple of years back.
But in my case, the kid is 2 years AND also not sure what is the procedure now. Is it still true by default the kids automatically gets the green card at port of entry (Is there any age limit I hope may be till < 13 yrs) if parents posses valid green card. Please help me in this situation.
Thanks in advance, ;)
gcformeornot
01-12 09:56 AM
^^^^
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