wandmaker
07-19 04:34 AM
I am on EAD currently. Priority date is Nov 2004 (EB3).
I just switched to a new employer using AC21. Can I file for my EB2 and then interfile AOS ?.
I understand that we need to file new Labor and I140. What happens at I485 ?. Do we need to revoke the current I485 and then apply for a new one. What will be status at that point and what will happen to the EAD ?.
Please point me to any thread if this has already been discussed.
Your EAD is based of a pending 485, if you withdraw then it becomes invalid. Your status will be AOS until the decision is made on 485.
I just switched to a new employer using AC21. Can I file for my EB2 and then interfile AOS ?.
I understand that we need to file new Labor and I140. What happens at I485 ?. Do we need to revoke the current I485 and then apply for a new one. What will be status at that point and what will happen to the EAD ?.
Please point me to any thread if this has already been discussed.
Your EAD is based of a pending 485, if you withdraw then it becomes invalid. Your status will be AOS until the decision is made on 485.
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shx
05-17 08:01 PM
Can you prove that you were born in Nepal? Without proof, you won't be able to change it in your passport.
chintu25
08-07 09:27 AM
Relax Bro ..That is the old one delete the thread if possible
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gcpool
03-12 06:29 AM
The above is right. But make sure its applied all over the application. If not the application will be returned to you. Use the above argument in the front and then attach both the I-140s and then mark on the I-140 which is original one and which ones priority date is being used.
Do this for every applicant. Get it done via an attorney who has done this before. Most of them dont even have a clue how to do it.
It can be done at I-485 stage.
Thank you all for your response. As per him ( my attorney) - you apply for I-485 with the new I-140. Provide reference to earlier PD as reason for your application. He provided the following text from the USCIS's I-140/I-485 adjudication document.
If an alien is the beneficiary of two (or more) approved employment-based immigrant visa petitions, the priority of the earlier petition may be applied to all subsequently-filed employment-based petitions. For example:
Company A files a labor certification request on behalf of an alien ("Joe") as a janitor on January 10, 2003. The DOL issues the certification on March 20, 2003. Company A later files, and USCIS approves, a relating I-140 visa petition under the EB-3 category. On July 15, 2003, Joe files a second I-140 visa petition in his own behalf as a rocket scientist under the EB-1 category, which USCIS approves. Joe is entitled to use the January 10, 2003, priority date to apply for adjustment under either the EB-1 or the EB-3 classification
ANYBODY HAS A DOCUMENT COUNTERING IT ( STATING IT CAN NOT BE DONE AT I-485 OR IT MUST BE DONE AT I-140). PLEASE PROVIDE LINKS OR REFERENCES. SORRY FOR THE URGENCY.
Do this for every applicant. Get it done via an attorney who has done this before. Most of them dont even have a clue how to do it.
It can be done at I-485 stage.
Thank you all for your response. As per him ( my attorney) - you apply for I-485 with the new I-140. Provide reference to earlier PD as reason for your application. He provided the following text from the USCIS's I-140/I-485 adjudication document.
If an alien is the beneficiary of two (or more) approved employment-based immigrant visa petitions, the priority of the earlier petition may be applied to all subsequently-filed employment-based petitions. For example:
Company A files a labor certification request on behalf of an alien ("Joe") as a janitor on January 10, 2003. The DOL issues the certification on March 20, 2003. Company A later files, and USCIS approves, a relating I-140 visa petition under the EB-3 category. On July 15, 2003, Joe files a second I-140 visa petition in his own behalf as a rocket scientist under the EB-1 category, which USCIS approves. Joe is entitled to use the January 10, 2003, priority date to apply for adjustment under either the EB-1 or the EB-3 classification
ANYBODY HAS A DOCUMENT COUNTERING IT ( STATING IT CAN NOT BE DONE AT I-485 OR IT MUST BE DONE AT I-140). PLEASE PROVIDE LINKS OR REFERENCES. SORRY FOR THE URGENCY.
more...
ganguteli
03-02 03:34 PM
Its pathetic that nobody is looking at this thread. IV should not be wasting its time and effort on people who are ungrateful and do not value it. They are more happy picking up fights with each other and spending time on threads that do not do any help
Prashanthi
05-08 04:17 PM
I agree you might be better off filing a new I-485 if the visa number is available once the I-140 is approved. It is sometimes difficult to get the USCIS to do the interfiling, they often don't send any acknowledgment of the same.
more...
izolo
06-08 12:46 PM
Thank for reply
the attorney says its all about your I-94, if your visa will expire in 3 months, then you should apply for extension!
have you ever heard about a case kike mine? please share.
the attorney says its all about your I-94, if your visa will expire in 3 months, then you should apply for extension!
have you ever heard about a case kike mine? please share.
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check_name
07-24 07:33 PM
thank you very much for the info.
I will check Joe Hohenstein out to see whether he is interested in my case!
- Joe Hohenstein's Law Firm Orlow & Orlow is in Philadelphia, and typically represents clients
in the Northeast. Joe can take individual emails at joe@orlow.com;
because there may be a lot of emails, please allow for a delay in the
response. If the questions are get to be more detailed, he would talk
about treating them as an initial consultation, which is $100.
http://immigrationvoice.org/forum/showthread.php?t=1088
I will check Joe Hohenstein out to see whether he is interested in my case!
- Joe Hohenstein's Law Firm Orlow & Orlow is in Philadelphia, and typically represents clients
in the Northeast. Joe can take individual emails at joe@orlow.com;
because there may be a lot of emails, please allow for a delay in the
response. If the questions are get to be more detailed, he would talk
about treating them as an initial consultation, which is $100.
http://immigrationvoice.org/forum/showthread.php?t=1088
more...
uslegals
11-11 09:14 AM
Hello Friends,
My current AP expires on 2/18/11. My PD (EB-2) has been current since Sept 2010 but no sign of GC yet. I would like to renew my AP and have decided to file myself Vs using the attorney. Has anybody used the e-filing option OR is it better to send in a hard copy of the application.?
If somebody can kindly direct me to the appropriate links on IV for folks who have filed themselves - i would greatly appreciate that. Any advice on supporting documents, etc. would be really helpful.
Thanks!
My current AP expires on 2/18/11. My PD (EB-2) has been current since Sept 2010 but no sign of GC yet. I would like to renew my AP and have decided to file myself Vs using the attorney. Has anybody used the e-filing option OR is it better to send in a hard copy of the application.?
If somebody can kindly direct me to the appropriate links on IV for folks who have filed themselves - i would greatly appreciate that. Any advice on supporting documents, etc. would be really helpful.
Thanks!
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saurin
02-10 08:02 AM
Hi Ann,
Yes I do have an EAD. Thanks for your reply.
Yes I do have an EAD. Thanks for your reply.
more...
prdgl
02-19 09:06 PM
I have been thinking lately about the CIR and SKIL bills.
Though I did read some of the benifits of SKIL bill, I am not sure what's the reality is going to be IF Skil bill is passed.
Will the advanced degree holders (even in EB3) will get to apply for I-485 immediately. IF not, is it just that its going to raise the number of visas per country. If so, anybody know how much of raise in visa numbers its going to happen.
Also how far are we from this CIR or SKIL bill being passed ?
any thoughts
Though I did read some of the benifits of SKIL bill, I am not sure what's the reality is going to be IF Skil bill is passed.
Will the advanced degree holders (even in EB3) will get to apply for I-485 immediately. IF not, is it just that its going to raise the number of visas per country. If so, anybody know how much of raise in visa numbers its going to happen.
Also how far are we from this CIR or SKIL bill being passed ?
any thoughts
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chanduv23
09-14 02:29 PM
ALL THE HEROS AND HERIONES TO DC
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lacrossegc
08-10 02:08 PM
lets hope that the administration actually implements what it says it wants to do ...
reducing the waiting times for background checks will help ....so that most adjustment apps will move to the "recommend approval" stage quickly and just wait for the Visa numbers to be current......
reducing the waiting times for background checks will help ....so that most adjustment apps will move to the "recommend approval" stage quickly and just wait for the Visa numbers to be current......
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emmNemm
12-10 08:06 AM
Hi,
We applied for EAD and Adv parole renewal on July 2nd for my wife. Her new EAD card was received in September and no word on the Adv Parole yet. Online status still shows 'case received and pending'.
She had her previos Adv Parole expiring on Oct 22nd. She left to India on Oct 1st. Now that her previous Adv Parole has expired and new one still not approved, will they allow her to enter US?
Thanks!
We applied for EAD and Adv parole renewal on July 2nd for my wife. Her new EAD card was received in September and no word on the Adv Parole yet. Online status still shows 'case received and pending'.
She had her previos Adv Parole expiring on Oct 22nd. She left to India on Oct 1st. Now that her previous Adv Parole has expired and new one still not approved, will they allow her to enter US?
Thanks!
more...
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rdx0
01-09 10:57 PM
Yes, you can file for multiple visa simultaneously. Your I-9 may determine where you landed at last.
People have no jobs and you are talking about several offers;)
Thanks. I know H1B visa can be applied through multiple employers at the same time ... what I was wondering that can it be applied by the second employer after the expiry of my I-94 ?? Because I have heard that one of the criteria for filing for extension is that it must be filed b4 the expiry of I-94, and that concerns me...
and, no, buddy, i don't have multiple job offers, the 1st company is simply a staffing company with which I would be filing just so that i don't go 'out of status' b4 i get the job with the 2nd company ... i'll be paying the fees from my pocket... I have good chances that i will get that job but not certain... i wish i had several offers... i am just trying to figure out what my options are here...
People have no jobs and you are talking about several offers;)
Thanks. I know H1B visa can be applied through multiple employers at the same time ... what I was wondering that can it be applied by the second employer after the expiry of my I-94 ?? Because I have heard that one of the criteria for filing for extension is that it must be filed b4 the expiry of I-94, and that concerns me...
and, no, buddy, i don't have multiple job offers, the 1st company is simply a staffing company with which I would be filing just so that i don't go 'out of status' b4 i get the job with the 2nd company ... i'll be paying the fees from my pocket... I have good chances that i will get that job but not certain... i wish i had several offers... i am just trying to figure out what my options are here...
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GotGoose?
04-22 07:15 PM
Took your advice and made another one.
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June 25th, 2006, 06:58 PM
i dont know about paying but i shure would take pics of the event lolShow of hands. How many would pay to see Fred streak pushing his baby buggy full of gear?
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Blog Feeds
07-03 05:50 PM
DHS Leadership Journal Has Just Posted the Following:
Guardians,
http://www.dhs.gov/xlibrary/photos/Thad_Allen.jpg (http://www.dhs.gov/xlibrary/photos/Thad_Allen.jpg)
Later today, I will be relieved as Commandant of the U.S. Coast Guard by Admiral Robert Papp. It has been an honor to serve as your Commandant for the past four years and I am confident in Admiral Papp's ability to lead the Service during a period of tremendous changes, challenges, and opportunities. The value of the U.S. Coast Guard (http://www.uscg.mil/) has never been greater than it is today and it is the men and women of our great Service who truly make it all possible.
After the Change of Command ceremony, I will continue to serve as the National Incident Commander for the Gulf of Mexico oil spill for some period of time but I wanted to take this final opportunity to thank you for your tremendous commitment, dedication, and courage over the past four years.
When I became the Commandant in 2006, I issued a number of orders that I thought were necessary to meet the challenges we faced then and set the conditions for future success. With your help we have accomplished a great deal. We transformed our acquisition process, enhanced our marine safety capability and capacity, created a new and more effective support structure for our Reserve Forces, stood up the Force Readiness Command and Deployable Operations Group, created the Maritime Enforcement Rating, and transformed our maintenance and logistics processes. At the same time we met operational challenges in piracy off the Horn of Africa, the tsunami in America Samoa, the earthquake in Haiti, and more recently the oil spill in the Gulf of Mexico. We accomplished all of that without losing focus on our broader mission set. We continued to interdict drugs and made major strides to eliminate the use of self propelled semi-submersibles. We deployed wireless biometric capability to significantly reduce illegal alien migration. At the same time we saved countless lives.
In the last six years, we have also strengthened our relationships within the Department of Homeland Security. Through the completion of the first Quadrennial Homeland Security Review (http://www.dhs.gov/qhsr), we helped mature the Department and build the Nation's homeland security enterprise.
In the process we enhanced our ties to the Department of Defense. We held unprecedented staff talks with the Navy, Air Force, Marines, Army Corps of Engineers and the National Guard Bureau. The Chief of Naval Operations, the Commandant of the Marine Corps and I cosigned "A Cooperative Strategy for 21st Century Seapower" and Naval Operating Concepts. We forged stronger bonds with our interagency partners in the Federal Bureau of Investigation, National Oceanic and Atmospheric Administration, Environmental Protection Agency, Maritime Administration, Drug Enforcement Administration, National Transportation Safety Board, and the Department of the Interior. Finally, we strengthened our international ties with our hemispheric partners and through the North Pacific Coast Guard Forum and North Atlantic Coast Guard Forum. Together, we raised the visibility of Coast Guard missions to our external stakeholders and our international partners.
The common thread connecting each of these of initiatives and actions, and my overarching goal as Commandant, was for the Coast Guard to become more change-centric - to sense changes in our operational environment and have the courage to make course corrections before problems overwhelm us or we have terms dictated to us externally. To do that we must become more diverse, adapt to new technologies, and embrace social media as well. I believe we have become more change-centric and a learning organization that capitalizes on lessons learned. Nowhere has this been more evident than in our responses to the devastating earthquake in Haiti and in our leading role to the ongoing oil spill in the Gulf of Mexico. The world has seen the value of the U.S. Coast Guard in action. We protect, defend, and save America's maritime interests wherever they are at stake - that is the legacy you have left for our future Guardians to embrace.
In spite of our operational successes, challenges remain. Our operations are not risk free and we have known the pain at the loss of shipmates from USCGC HEALY, MSST Anchorage, CG 6505, and CG 1705. Our promise to them is to prevent future accidents and insure we create the safest possible environment for our personnel. The Coast Guard will meet future challenges because of our multi-mission nature, bias for action, and the incredible talent and dedication of our people. As we look to the future, I encourage each of you to be insatiably curious, to be life-long learners, to look after your shipmates, and, finally, to seize every chance to apply your leadership skills, talent, and competencies when the opportunity presents itself.
I am incredibly proud of all our active duty members, reservists, civilians and auxiliarists. No matter how fiercely the winds of change swirl around us, our people stabilize the Service. You are America's Maritime Guardians and your country needs you now more than ever. It has been my extraordinary honor to have been your Commandant and I am excited to see where you will take the organization in the future. Fair winds.
Sincerely,
Admiral Thad W. Allen
Reposted from the U.S. Coast Guard's iCommandant (http://blog.uscg.dhs.gov/) blog. Published by the U.S. Department of Homeland Security, Washington, D.C.https://blogger.googleusercontent.com/tracker/7013398738785291364-1824635971714777308?l=journal.dhs.gov
http://feeds.feedburner.com/~ff/DHS_LeadershipJournal?d=yIl2AUoC8zA (http://feeds.feedburner.com/~ff/DHS_LeadershipJournal?a=RBHzjpmLkYI:knrlY4jnSt4:yI l2AUoC8zA) http://feeds.feedburner.com/~ff/DHS_LeadershipJournal?i=RBHzjpmLkYI:knrlY4jnSt4:V_ sGLiPBpWU (http://feeds.feedburner.com/~ff/DHS_LeadershipJournal?a=RBHzjpmLkYI:knrlY4jnSt4:V_ sGLiPBpWU) http://feeds.feedburner.com/~ff/DHS_LeadershipJournal?i=RBHzjpmLkYI:knrlY4jnSt4:F7 zBnMyn0Lo (http://feeds.feedburner.com/~ff/DHS_LeadershipJournal?a=RBHzjpmLkYI:knrlY4jnSt4:F7 zBnMyn0Lo)
http://feeds.feedburner.com/~r/DHS_LeadershipJournal/~4/RBHzjpmLkYI
More... (http://feedproxy.google.com/~r/DHS_LeadershipJournal/~3/RBHzjpmLkYI/commandants-change-of-command.html)
Guardians,
http://www.dhs.gov/xlibrary/photos/Thad_Allen.jpg (http://www.dhs.gov/xlibrary/photos/Thad_Allen.jpg)
Later today, I will be relieved as Commandant of the U.S. Coast Guard by Admiral Robert Papp. It has been an honor to serve as your Commandant for the past four years and I am confident in Admiral Papp's ability to lead the Service during a period of tremendous changes, challenges, and opportunities. The value of the U.S. Coast Guard (http://www.uscg.mil/) has never been greater than it is today and it is the men and women of our great Service who truly make it all possible.
After the Change of Command ceremony, I will continue to serve as the National Incident Commander for the Gulf of Mexico oil spill for some period of time but I wanted to take this final opportunity to thank you for your tremendous commitment, dedication, and courage over the past four years.
When I became the Commandant in 2006, I issued a number of orders that I thought were necessary to meet the challenges we faced then and set the conditions for future success. With your help we have accomplished a great deal. We transformed our acquisition process, enhanced our marine safety capability and capacity, created a new and more effective support structure for our Reserve Forces, stood up the Force Readiness Command and Deployable Operations Group, created the Maritime Enforcement Rating, and transformed our maintenance and logistics processes. At the same time we met operational challenges in piracy off the Horn of Africa, the tsunami in America Samoa, the earthquake in Haiti, and more recently the oil spill in the Gulf of Mexico. We accomplished all of that without losing focus on our broader mission set. We continued to interdict drugs and made major strides to eliminate the use of self propelled semi-submersibles. We deployed wireless biometric capability to significantly reduce illegal alien migration. At the same time we saved countless lives.
In the last six years, we have also strengthened our relationships within the Department of Homeland Security. Through the completion of the first Quadrennial Homeland Security Review (http://www.dhs.gov/qhsr), we helped mature the Department and build the Nation's homeland security enterprise.
In the process we enhanced our ties to the Department of Defense. We held unprecedented staff talks with the Navy, Air Force, Marines, Army Corps of Engineers and the National Guard Bureau. The Chief of Naval Operations, the Commandant of the Marine Corps and I cosigned "A Cooperative Strategy for 21st Century Seapower" and Naval Operating Concepts. We forged stronger bonds with our interagency partners in the Federal Bureau of Investigation, National Oceanic and Atmospheric Administration, Environmental Protection Agency, Maritime Administration, Drug Enforcement Administration, National Transportation Safety Board, and the Department of the Interior. Finally, we strengthened our international ties with our hemispheric partners and through the North Pacific Coast Guard Forum and North Atlantic Coast Guard Forum. Together, we raised the visibility of Coast Guard missions to our external stakeholders and our international partners.
The common thread connecting each of these of initiatives and actions, and my overarching goal as Commandant, was for the Coast Guard to become more change-centric - to sense changes in our operational environment and have the courage to make course corrections before problems overwhelm us or we have terms dictated to us externally. To do that we must become more diverse, adapt to new technologies, and embrace social media as well. I believe we have become more change-centric and a learning organization that capitalizes on lessons learned. Nowhere has this been more evident than in our responses to the devastating earthquake in Haiti and in our leading role to the ongoing oil spill in the Gulf of Mexico. The world has seen the value of the U.S. Coast Guard in action. We protect, defend, and save America's maritime interests wherever they are at stake - that is the legacy you have left for our future Guardians to embrace.
In spite of our operational successes, challenges remain. Our operations are not risk free and we have known the pain at the loss of shipmates from USCGC HEALY, MSST Anchorage, CG 6505, and CG 1705. Our promise to them is to prevent future accidents and insure we create the safest possible environment for our personnel. The Coast Guard will meet future challenges because of our multi-mission nature, bias for action, and the incredible talent and dedication of our people. As we look to the future, I encourage each of you to be insatiably curious, to be life-long learners, to look after your shipmates, and, finally, to seize every chance to apply your leadership skills, talent, and competencies when the opportunity presents itself.
I am incredibly proud of all our active duty members, reservists, civilians and auxiliarists. No matter how fiercely the winds of change swirl around us, our people stabilize the Service. You are America's Maritime Guardians and your country needs you now more than ever. It has been my extraordinary honor to have been your Commandant and I am excited to see where you will take the organization in the future. Fair winds.
Sincerely,
Admiral Thad W. Allen
Reposted from the U.S. Coast Guard's iCommandant (http://blog.uscg.dhs.gov/) blog. Published by the U.S. Department of Homeland Security, Washington, D.C.https://blogger.googleusercontent.com/tracker/7013398738785291364-1824635971714777308?l=journal.dhs.gov
http://feeds.feedburner.com/~ff/DHS_LeadershipJournal?d=yIl2AUoC8zA (http://feeds.feedburner.com/~ff/DHS_LeadershipJournal?a=RBHzjpmLkYI:knrlY4jnSt4:yI l2AUoC8zA) http://feeds.feedburner.com/~ff/DHS_LeadershipJournal?i=RBHzjpmLkYI:knrlY4jnSt4:V_ sGLiPBpWU (http://feeds.feedburner.com/~ff/DHS_LeadershipJournal?a=RBHzjpmLkYI:knrlY4jnSt4:V_ sGLiPBpWU) http://feeds.feedburner.com/~ff/DHS_LeadershipJournal?i=RBHzjpmLkYI:knrlY4jnSt4:F7 zBnMyn0Lo (http://feeds.feedburner.com/~ff/DHS_LeadershipJournal?a=RBHzjpmLkYI:knrlY4jnSt4:F7 zBnMyn0Lo)
http://feeds.feedburner.com/~r/DHS_LeadershipJournal/~4/RBHzjpmLkYI
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Hong12
02-06 01:58 PM
Thank you very much for your help. I really appreciate it. I actually tried to fill out the Forms DS 156 and DS 157 and got totally lost. The following is my background. I worked at the company A in US as an Electrical Engineer until May, 08 (the end of my 6 year H1). Then, I went back to Malaysia and worked on my family business as a store manager and business owner, selling electrical appliances. My PERM is currently pending over one year now. Accordingly, I got an approval for 1 year and 2 months on my H1. I will now come back to work at company A in US, starting March 5, 09 (the same US company that I worked until May, 08).
I have questions that I am unsure about the Forms DS 156 and DS 157 as the followings:
Form DS 156
- Question 28 (who will pay for your trip): does the trip need to be paid by the US Employer? Can I pay it myself? My concern is I am not sure if I have to pay it myself because of my H1 Status. Pls advise.
- Question 20 (Name and Address of Present Employer or School): I think this should be my current company. In this case, please advise if this should be Company A that I will be start working in March or my family business in Malaysia.
- Question 21 (Present Occupation): should this be Electrical Engineer or Store Manager (Business Owner) for my family business? I actually worked as an Electrical Engineer for over 8 years. I only worked on my family business as a Store manager (Business Owner) for one year. Please advise which one I should put.
- Question 25 (Name and Telephone Numbers of Person in US Who You Will Be Staying With or Visiting for Tourism or Business): I will go back to work at Company A in US, and my brother lives in the same area that I will be working. So, I�ll be staying at my brother�s place. In this case, should this Item be the company A�s address or my brother�s address? Otherwise, should I put �None�?
- Question 29 (Have you ever been in US?):
For How long?: would this be (6 year � 2 months) since I spent 2 month vacation outside US during this past 6 year H1?
Enter Additional Visits to US here: I made 3 trips to Malaysia and 2 trips to Canada during this past 6 years of my H1B. I also made one trip to Canada during my F1 visa. In this case, I�m not sure if this should be the date I returned back to US from my trips to Malaysia and Canada. Should I mention only the trips during my 6 year H1 or mention all the trips, including the period of my F1 Visa?
DS 157
- Question 12 (Not Including Current Employer, List Your Last Two Employers): I worked at company B in US till Jan, 07 and then moved to Company A in US until May, 08 (the end of my 6 year H1). Then, I came back to work on my family business till now. I will go back to work at Company A again in March, 09. I am not sure if my present company is my family business in Malaysia. My future company is Company A that I will start working in March, 09. My two previous companies are Company A that I worked from Jan, 07 to May, 08 and also Company B that I worked before Jan, 07. In this case, should I put Company A (Jan, 07 to May, 08) and Company B (before Jan, 07) as the last two companies? Please advise.
Another issue is that I worked on my family business as a Store Manager (Business Owner) for almost one year. This is not engineering work. Would this cause me any problems for my visa application because I will go back to work with company A as an electrical engineer? Note that I still get work from company A from time to time, but I just did not get pay during this time that I stay in Malaysia. Please advise.
Please help�. I am totally confused and need to use these two forms for the visa interview. Thank you very much.
I have questions that I am unsure about the Forms DS 156 and DS 157 as the followings:
Form DS 156
- Question 28 (who will pay for your trip): does the trip need to be paid by the US Employer? Can I pay it myself? My concern is I am not sure if I have to pay it myself because of my H1 Status. Pls advise.
- Question 20 (Name and Address of Present Employer or School): I think this should be my current company. In this case, please advise if this should be Company A that I will be start working in March or my family business in Malaysia.
- Question 21 (Present Occupation): should this be Electrical Engineer or Store Manager (Business Owner) for my family business? I actually worked as an Electrical Engineer for over 8 years. I only worked on my family business as a Store manager (Business Owner) for one year. Please advise which one I should put.
- Question 25 (Name and Telephone Numbers of Person in US Who You Will Be Staying With or Visiting for Tourism or Business): I will go back to work at Company A in US, and my brother lives in the same area that I will be working. So, I�ll be staying at my brother�s place. In this case, should this Item be the company A�s address or my brother�s address? Otherwise, should I put �None�?
- Question 29 (Have you ever been in US?):
For How long?: would this be (6 year � 2 months) since I spent 2 month vacation outside US during this past 6 year H1?
Enter Additional Visits to US here: I made 3 trips to Malaysia and 2 trips to Canada during this past 6 years of my H1B. I also made one trip to Canada during my F1 visa. In this case, I�m not sure if this should be the date I returned back to US from my trips to Malaysia and Canada. Should I mention only the trips during my 6 year H1 or mention all the trips, including the period of my F1 Visa?
DS 157
- Question 12 (Not Including Current Employer, List Your Last Two Employers): I worked at company B in US till Jan, 07 and then moved to Company A in US until May, 08 (the end of my 6 year H1). Then, I came back to work on my family business till now. I will go back to work at Company A again in March, 09. I am not sure if my present company is my family business in Malaysia. My future company is Company A that I will start working in March, 09. My two previous companies are Company A that I worked from Jan, 07 to May, 08 and also Company B that I worked before Jan, 07. In this case, should I put Company A (Jan, 07 to May, 08) and Company B (before Jan, 07) as the last two companies? Please advise.
Another issue is that I worked on my family business as a Store Manager (Business Owner) for almost one year. This is not engineering work. Would this cause me any problems for my visa application because I will go back to work with company A as an electrical engineer? Note that I still get work from company A from time to time, but I just did not get pay during this time that I stay in Malaysia. Please advise.
Please help�. I am totally confused and need to use these two forms for the visa interview. Thank you very much.
add78
10-02 09:48 AM
This is a little tricky.
A person is in a valid H1-B status when
1) He/She is a full time employee of the Sponsoring company AND
2) Receives regularly scheduled (can be weekly/bi-weekly/monthly) salary from the same sponsoring employer which exceeds the amount mentioned in the LCA filed.
Thus, the H1-B status depends on first, an ongoing and current (a.k.a. valid at given moment) employer-employee relationship that satisfies 1) and 2) above.
#2) above is a criteria for #1) above. The employment (a.k.a. employer-employee relationship) is the primary basis (#1) which is "fulfilled" by the regular salary (#2).
In case of a lay-off, the severance pay is determined by the company policy (BTW company cannot discriminate the severance criteria between H1-Bs and GC/Citizens), so the severance could be given to the "laid-off" employee in subsequent regular paychecks or a lump sum amount, depending on company policies.
But, the very fact that he/she will receive severance (no matter over next few regular paychecks or one time payment), implies the "severed" Employer-Employee relationship, which in turn makes the person "NOT" in a valid H1-B status. However, USCIS will give the person some leeway at their discretion to find a new employer who will sponsor his new H1-B (There is no such thing as H1-B transfer, every H1-B is a new application, it's just that the person will not be counted in the cap if he/she has already been counted)
Therefore, in a lay-off situation, it is always better to start to look for a new job with a new employer that will file H1-B for the laid-off person ASAP. The longer you wait, the more you jeopardize your status.
Hope This Helps.
If my answer helped you, please consider donating to Your Own Cause, i.e. IV.
IV = I+We
A person is in a valid H1-B status when
1) He/She is a full time employee of the Sponsoring company AND
2) Receives regularly scheduled (can be weekly/bi-weekly/monthly) salary from the same sponsoring employer which exceeds the amount mentioned in the LCA filed.
Thus, the H1-B status depends on first, an ongoing and current (a.k.a. valid at given moment) employer-employee relationship that satisfies 1) and 2) above.
#2) above is a criteria for #1) above. The employment (a.k.a. employer-employee relationship) is the primary basis (#1) which is "fulfilled" by the regular salary (#2).
In case of a lay-off, the severance pay is determined by the company policy (BTW company cannot discriminate the severance criteria between H1-Bs and GC/Citizens), so the severance could be given to the "laid-off" employee in subsequent regular paychecks or a lump sum amount, depending on company policies.
But, the very fact that he/she will receive severance (no matter over next few regular paychecks or one time payment), implies the "severed" Employer-Employee relationship, which in turn makes the person "NOT" in a valid H1-B status. However, USCIS will give the person some leeway at their discretion to find a new employer who will sponsor his new H1-B (There is no such thing as H1-B transfer, every H1-B is a new application, it's just that the person will not be counted in the cap if he/she has already been counted)
Therefore, in a lay-off situation, it is always better to start to look for a new job with a new employer that will file H1-B for the laid-off person ASAP. The longer you wait, the more you jeopardize your status.
Hope This Helps.
If my answer helped you, please consider donating to Your Own Cause, i.e. IV.
IV = I+We
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12-05 09:20 PM
This great summary is provided by AILA with the guidance of Amy Fox-Isicoff. The EB5 program is of great interest to many applicants, especially those with the means to participate. he EB-5, Green Card through investment, was created to promote investments in businesses and to create and preserve jobs in the U.S. You can become a lawful permanent resident by establishing a new commercial enterprise and provide full-time employment to at least ten U.S. citizens, legal permanent residents, or other immigrants with employment authorization.
Under section 203(b)(5) of the Immigration and Nationality Act (INA), 8 U.S.C. � 1153(b)(5), 10,000 immigrant visas per year are available to qualified individuals seeking permanent resident status on the basis of their engagement in a new commercial enterprise.
Of these 10,000 visas, 5,000 are set aside for those who apply under a pilot program involving a CIS-designated "Regional Center."
What is a Regional Center (RC)?
A RC is a proposed business venture often located in a targeted unemployment area supported by an econometric model based on a business plan forecasting indirect and/or direct job creation. Normally, RCs are located in areas of high unemployment or rural areas and require a $500,000 investment. However, some RCs are not located in targeted employment areas and therefore require investments of $1,000,000. An investor in an RC is not required to be actively involved in the management of the investment as long as the investor is a limited partner under the Uniform Limited Partnership Act. An RC normally structures one or more new commercial enterprises (NCE) that receive capital from investors to engage in direct or indirect job creation project or projects.
What does RC designation by USCIS mean?
It means that USCIS has reviewed the proposed business plan, any accompanying econometric model, location, and proposed job creation and has determined that the proposed business plan meets the requirements of The Immigrant Investor Pilot Program, created by Section 610 of Public Law 102-395 on October 6, 1992.
Are all RCs that have received designation from USCIS operational?
No, actually only a small percent of designated RCs are operational and have been the basis for approved I-526 Immigrant Petitions by Alien Entrepreneur. Even a smaller percentage have approved I-829 Petitions to Remove Conditions on Residence.
Is USCIS required to conduct background checks on RC managers or directors?
No.
Does USCIS monitor the performance of RCs?
No. USCIS has sent out questionnaires to RCs, but it is not clear at this time what USCIS is doing with the information obtained from the questionnaires.
Does USCIS publish a list of operational RCs and those with approved I-526 and I- 829 petitions?
While USCIS does publish a list of designated RCs, it does not publish which RCs are operational or which RCs have approved or denied I-526 and/or I-829 petitions.
If an RC is designated by USCIS, are all NCEs formed in the RC automatically
approved?
No, each NCE within the RC must meet the requirements of the requisite investment amount and job creation. If the NCE will be investing in another business, that business must meet the requisite employment creation.
Is there a process whereby USCIS provides pre-approval of an NCE within an RC?
Yes. USCIS has recently created a pre-approval process. However, this process is not taken advantage of by many RCs as the time to obtain pre-approval of an NCE can be extensive, inordinately delaying the NCE from receiving funds from investors. The preapproval process is so new that it has not been adequately time tested.
If USCIS has approved a number of I-526 petitions for an NCE or pre-approved an NCE is it a guarantee that future petitions for the same NCE will also be approved?
No. USCIS will always examine the source and path of funds of the individual investor and failure to carefully document this can result in the denial of the I-526 petition. More baffling is that on frequent occasions, USCIS has raised questions pertaining to NCEs that have a long track record of approvals, and USCIS can also raise questions pertaining to NCEs that have been pre-approved. USCIS has also raised questions concerning an NCE�s qualifications after approving an I-526, at the I-829 stage. Thus, prior approvals for the same NCE, pre-approval of an exemplar petition for an NCE and even the approval of an investor�s I-526 for a particular NCE, does not mean that the NCE will not be further scrutinized by USCIS.
What happens to an investor who invests in an NCE that never gets off the ground?
The initial I-526 petition may be approved based on the business plan and supporting documents, but the I-829 petition to remove conditions on residence will be denied.
If either the I- 526 or I- 829 is denied, will the invested funds be returned to the
investor?
This depends to some extent on the agreement between the investor and the RC. Some RCs hold funds in escrow pending approval of the I-526. Others do not. At the I-829 stage, it is doubtful that funds will be returned if the I-829 is denied as the funds must have been placed at risk in order for the I-526 to be approved in the first place. See Matter of Izumii, 22 I&N Dec. 169 (Assoc. Comm. 1998). The RC cannot provide any guarantee of the return of the invested funds if the I-829 is denied.
What happens to an investor if the I-829 is denied by USCIS?
The investor can renew the I-829 in removal proceedings before an immigration judge. If the I-829 is denied by the judge, the investor can appeal to the Board of Immigration Appeals and to federal court. If the investor does not prevail, the investor can be deported.
More... (http://www.visalawyerblog.com/2010/12/eb5_visa_attorney_san_diego_ev.html)
Under section 203(b)(5) of the Immigration and Nationality Act (INA), 8 U.S.C. � 1153(b)(5), 10,000 immigrant visas per year are available to qualified individuals seeking permanent resident status on the basis of their engagement in a new commercial enterprise.
Of these 10,000 visas, 5,000 are set aside for those who apply under a pilot program involving a CIS-designated "Regional Center."
What is a Regional Center (RC)?
A RC is a proposed business venture often located in a targeted unemployment area supported by an econometric model based on a business plan forecasting indirect and/or direct job creation. Normally, RCs are located in areas of high unemployment or rural areas and require a $500,000 investment. However, some RCs are not located in targeted employment areas and therefore require investments of $1,000,000. An investor in an RC is not required to be actively involved in the management of the investment as long as the investor is a limited partner under the Uniform Limited Partnership Act. An RC normally structures one or more new commercial enterprises (NCE) that receive capital from investors to engage in direct or indirect job creation project or projects.
What does RC designation by USCIS mean?
It means that USCIS has reviewed the proposed business plan, any accompanying econometric model, location, and proposed job creation and has determined that the proposed business plan meets the requirements of The Immigrant Investor Pilot Program, created by Section 610 of Public Law 102-395 on October 6, 1992.
Are all RCs that have received designation from USCIS operational?
No, actually only a small percent of designated RCs are operational and have been the basis for approved I-526 Immigrant Petitions by Alien Entrepreneur. Even a smaller percentage have approved I-829 Petitions to Remove Conditions on Residence.
Is USCIS required to conduct background checks on RC managers or directors?
No.
Does USCIS monitor the performance of RCs?
No. USCIS has sent out questionnaires to RCs, but it is not clear at this time what USCIS is doing with the information obtained from the questionnaires.
Does USCIS publish a list of operational RCs and those with approved I-526 and I- 829 petitions?
While USCIS does publish a list of designated RCs, it does not publish which RCs are operational or which RCs have approved or denied I-526 and/or I-829 petitions.
If an RC is designated by USCIS, are all NCEs formed in the RC automatically
approved?
No, each NCE within the RC must meet the requirements of the requisite investment amount and job creation. If the NCE will be investing in another business, that business must meet the requisite employment creation.
Is there a process whereby USCIS provides pre-approval of an NCE within an RC?
Yes. USCIS has recently created a pre-approval process. However, this process is not taken advantage of by many RCs as the time to obtain pre-approval of an NCE can be extensive, inordinately delaying the NCE from receiving funds from investors. The preapproval process is so new that it has not been adequately time tested.
If USCIS has approved a number of I-526 petitions for an NCE or pre-approved an NCE is it a guarantee that future petitions for the same NCE will also be approved?
No. USCIS will always examine the source and path of funds of the individual investor and failure to carefully document this can result in the denial of the I-526 petition. More baffling is that on frequent occasions, USCIS has raised questions pertaining to NCEs that have a long track record of approvals, and USCIS can also raise questions pertaining to NCEs that have been pre-approved. USCIS has also raised questions concerning an NCE�s qualifications after approving an I-526, at the I-829 stage. Thus, prior approvals for the same NCE, pre-approval of an exemplar petition for an NCE and even the approval of an investor�s I-526 for a particular NCE, does not mean that the NCE will not be further scrutinized by USCIS.
What happens to an investor who invests in an NCE that never gets off the ground?
The initial I-526 petition may be approved based on the business plan and supporting documents, but the I-829 petition to remove conditions on residence will be denied.
If either the I- 526 or I- 829 is denied, will the invested funds be returned to the
investor?
This depends to some extent on the agreement between the investor and the RC. Some RCs hold funds in escrow pending approval of the I-526. Others do not. At the I-829 stage, it is doubtful that funds will be returned if the I-829 is denied as the funds must have been placed at risk in order for the I-526 to be approved in the first place. See Matter of Izumii, 22 I&N Dec. 169 (Assoc. Comm. 1998). The RC cannot provide any guarantee of the return of the invested funds if the I-829 is denied.
What happens to an investor if the I-829 is denied by USCIS?
The investor can renew the I-829 in removal proceedings before an immigration judge. If the I-829 is denied by the judge, the investor can appeal to the Board of Immigration Appeals and to federal court. If the investor does not prevail, the investor can be deported.
More... (http://www.visalawyerblog.com/2010/12/eb5_visa_attorney_san_diego_ev.html)