rakeshverma72
03-30 12:44 PM
PD: 06/26/2006
Category: EB2
I140 Approved: 02/14/2006
485 Filed: 07/02/2007 (NSC) -- Pending
H1-B:- 9th year expiring on May 26th 2010
EAD:-Valid till 09/2/2010
AP:- Valid till 09/2/2010
I work for big consulting firm - Lockheed Martin. Where they have different business groups under different VP. And Pretty much my project works as it's own company. And I try to maintain both H1-B and EAD(AP) valid.
While filing my Green card I was filed under Lockheed Martin-Federal(Subsidiary of Lockheed Martin) and also I got my H1-B approved in May 2007(Valid until May 2010) under Lockheed Martin-Federal. End of 2008 my business unit's VP changed and so the name of Subsidiary with different FEIN and from September 2008 I work for Lockheed Martin-S&L(Subsidiary of Lockheed Martin). So for the year 2008 I got two W2 one from Lockheed Martin-Federal and another from Lockheed Martin-S&L. As I was working for Lockheed Martin and the same project since I have filed my Green Card; I never thought my case would be of any issue.
But after reading about AC-21 I have following questions from the community
1) In case above, do I need to file for AC-21. Or will I be okay at the time of my Green Card approval.
2) I have travel plans in the month of June 2010 to Europe. Should I worry about re-entering US with AP.
3) My lawyer is applying for H1-B under new companies name, do you think my H1-B will get approved with the new company name.
Thanks a lot
Category: EB2
I140 Approved: 02/14/2006
485 Filed: 07/02/2007 (NSC) -- Pending
H1-B:- 9th year expiring on May 26th 2010
EAD:-Valid till 09/2/2010
AP:- Valid till 09/2/2010
I work for big consulting firm - Lockheed Martin. Where they have different business groups under different VP. And Pretty much my project works as it's own company. And I try to maintain both H1-B and EAD(AP) valid.
While filing my Green card I was filed under Lockheed Martin-Federal(Subsidiary of Lockheed Martin) and also I got my H1-B approved in May 2007(Valid until May 2010) under Lockheed Martin-Federal. End of 2008 my business unit's VP changed and so the name of Subsidiary with different FEIN and from September 2008 I work for Lockheed Martin-S&L(Subsidiary of Lockheed Martin). So for the year 2008 I got two W2 one from Lockheed Martin-Federal and another from Lockheed Martin-S&L. As I was working for Lockheed Martin and the same project since I have filed my Green Card; I never thought my case would be of any issue.
But after reading about AC-21 I have following questions from the community
1) In case above, do I need to file for AC-21. Or will I be okay at the time of my Green Card approval.
2) I have travel plans in the month of June 2010 to Europe. Should I worry about re-entering US with AP.
3) My lawyer is applying for H1-B under new companies name, do you think my H1-B will get approved with the new company name.
Thanks a lot
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rishikesh75
11-09 10:47 AM
Luckily I had all but the 1st one when I entered in US. Please see the format letter below [please note that I am copying the format from a word doc & may not display correctly
Dear Sir/Madam,
In response to your letter requesting evidence for FORM I-131. Please find below mentioned details.
a. Copies of all I-94 issued- I do not have copy of I-94 that was issued to me on <>Date (my first arrival in US on H1). The original I-94 was returned to airline official at the time of boarding the flight.
The following entries are in TAB format
Date of Entry mm/DD/yyyy
Date of Exit mm/DD/yyyy
I-94 # NA
Copy Avail? N
Remarks Original I-94 was handed over to airlines staff at the time of boarding [Departed by flight xxx ]. To support my claim, please see attached passport copy that shows arrival record in India on <xxx> [pages 3-4]
b. Approval notices for extensions or change of Status- My original H1 [XXXX] expired on [XXX]. An H1 renewal notice was filed on [XXXX] and was approved on [XXX] [WAC-XXX]. I am attaching copies of both the approval notices.
c. Any other Evidence of your lawful immigrations status: I am attaching a copy of approved I-140 [SRC-XXX] and a copy of I-485 filing receipt [WAC-XXXX]
d. Evidence of relationship: I am attaching the following documents
1. Copy of my birth certificate
2. Copy of my marriage certificate
Thanks & Regards,
<Your Name>
Encl:
1. Passport copy pages displaying the visa issued ,date of entries to US on H1 and displaying the date of arrival in India [6 pages]
2. Copies of H1 approval & extension approval notice [2 pages]
3. Copies of I-94’s issued [5 pages]
4. Copy of I-140 approval [1 pages]
5. Copy of I-485 filing receipt [1 pages]
6. Copy of birth certificate [1 page]
7. Copy of marriage certificate [1 page]
Hope this helps
QUOTE=MYGCBY2010;193771]How did you respond to your RFE?.. Did you have copies of all of your I -94 ?.. Please let me know...[/QUOTE]
Dear Sir/Madam,
In response to your letter requesting evidence for FORM I-131. Please find below mentioned details.
a. Copies of all I-94 issued- I do not have copy of I-94 that was issued to me on <>Date (my first arrival in US on H1). The original I-94 was returned to airline official at the time of boarding the flight.
The following entries are in TAB format
Date of Entry mm/DD/yyyy
Date of Exit mm/DD/yyyy
I-94 # NA
Copy Avail? N
Remarks Original I-94 was handed over to airlines staff at the time of boarding [Departed by flight xxx ]. To support my claim, please see attached passport copy that shows arrival record in India on <xxx> [pages 3-4]
b. Approval notices for extensions or change of Status- My original H1 [XXXX] expired on [XXX]. An H1 renewal notice was filed on [XXXX] and was approved on [XXX] [WAC-XXX]. I am attaching copies of both the approval notices.
c. Any other Evidence of your lawful immigrations status: I am attaching a copy of approved I-140 [SRC-XXX] and a copy of I-485 filing receipt [WAC-XXXX]
d. Evidence of relationship: I am attaching the following documents
1. Copy of my birth certificate
2. Copy of my marriage certificate
Thanks & Regards,
<Your Name>
Encl:
1. Passport copy pages displaying the visa issued ,date of entries to US on H1 and displaying the date of arrival in India [6 pages]
2. Copies of H1 approval & extension approval notice [2 pages]
3. Copies of I-94’s issued [5 pages]
4. Copy of I-140 approval [1 pages]
5. Copy of I-485 filing receipt [1 pages]
6. Copy of birth certificate [1 page]
7. Copy of marriage certificate [1 page]
Hope this helps
QUOTE=MYGCBY2010;193771]How did you respond to your RFE?.. Did you have copies of all of your I -94 ?.. Please let me know...[/QUOTE]
jonty_11
05-07 02:04 PM
Please let us/me know ASAP.
no details yet but in the past the regulations that have been related to immigration and have not been clear - Like labor substitution have been prone to abuse.....
I am suspecting they will tighten the AC21 just like they abolished labor substitution.
no details yet but in the past the regulations that have been related to immigration and have not been clear - Like labor substitution have been prone to abuse.....
I am suspecting they will tighten the AC21 just like they abolished labor substitution.
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Raju
05-16 10:37 AM
Hi,
Well, Bush has delivered his address on the immigration subject. Unless I am missing something, not a word was said about the Legal Immigration or the H1Bs. All the focus was on the illegal immigrants and the border enforcement.
Does that mean that the Legal ones like us are in the backburner? Would the Senate and the house focus only on the illegals and give them the path to citizenship, leaving those who played by the rules, in the lurch? What kind of justice is this in the "Land of Justice"?
I hope the senators and the representatives are sensible and leave the provisions for the EBs in the proposed bill, alone.
Hoping for the best.
Higcoptimist
This also means that most of them are in line with the legal immigartion related text in the bill. Also, if CIR passes and if it has all or most of the EB based legal stuff that is already in it, then we should be OK.
Well, Bush has delivered his address on the immigration subject. Unless I am missing something, not a word was said about the Legal Immigration or the H1Bs. All the focus was on the illegal immigrants and the border enforcement.
Does that mean that the Legal ones like us are in the backburner? Would the Senate and the house focus only on the illegals and give them the path to citizenship, leaving those who played by the rules, in the lurch? What kind of justice is this in the "Land of Justice"?
I hope the senators and the representatives are sensible and leave the provisions for the EBs in the proposed bill, alone.
Hoping for the best.
Higcoptimist
This also means that most of them are in line with the legal immigartion related text in the bill. Also, if CIR passes and if it has all or most of the EB based legal stuff that is already in it, then we should be OK.
more...
mikemeyers
12-26 05:42 PM
According to my knowledge, going back to F-1 is your best bet. The reason is whether u are legal in the country or not while ur H1 application is pending is decided by USCIS by approving change of status. If they don't u will be out of status, u have to leave the country and come back. but if you r on f-1, u'll be in legal status all the time. Just make sure, u transfer ur SEVIS I-20 before 60-day OPT grace period expires. Then, u'll be able to avoid worst case scenarios of being out of status in case ur H-1 is approved but change of status is not.
nozerd
02-25 03:57 PM
I would like to ask the same question but a bit more specific.
For someone who is an MBA (Finance) with 7-8 yrs of Financial and HR benefits experience who wants to move to IT or IT related field what would you advice would be the best field to move to or best certification to take ?
Thanks
For someone who is an MBA (Finance) with 7-8 yrs of Financial and HR benefits experience who wants to move to IT or IT related field what would you advice would be the best field to move to or best certification to take ?
Thanks
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haider420
06-13 08:21 AM
I am currently on OPT but it expires in three weeks. I will be forced to go back to F1 status since H1B was real bad this year.
My question is: If I go back to F1 status and then find a research position at a non-profit org/institute of higher education, is it possible for me to file for H1B being on student status??
CAN SOMEONE PLEASE HELP??!!
My question is: If I go back to F1 status and then find a research position at a non-profit org/institute of higher education, is it possible for me to file for H1B being on student status??
CAN SOMEONE PLEASE HELP??!!
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eastindia
08-20 12:06 PM
Ron says, The USCIS teleconference concerning implementation of PL 111-230 provided the following information:
* The effective date of the new law was August 14, 2010 and all petition submissions postmarked on or after that date are subject to the new tax.
* The new tax only applies to companies that have:
o 50 or more full and part time employees in the US; and
o At least 50% of those employees hold H1B or L status.
* If an employee has an EAD, but is working using an H1B, that employee counts toward the total. If the employee works using his or her EAD, however, the employee does not count.
* The new tax only applies to new H filings (including change of employer filings)
* The new tax DOES NOT apply to extensions or amendments
* The total new tax is $2,000, not the higher amount originally feared
* The CIS confirmed that the additional fee must be paid by the petitioner and not the employee
* Both full and part time employees count toward the 50 employee threshold
* Any L2 employees, working using an EAD, also count toward the total
* The CIS is in the process of developing a new I-129 form to capture information concerning the new fee
* The CSC and VSC are attempting to screen existing cases, with filing postmarks on or after August 14th. For those that are found likely to be subject to the new tax, they will issue RFEs
* DO NOT send checks to the CIS for the additional fee until you receive an RFE.
* New filings by exempt companies should include a signed attestation that they are not subject to the new tax.
* Best practice, use a separate check for the new fee.
* The effective date of the new law was August 14, 2010 and all petition submissions postmarked on or after that date are subject to the new tax.
* The new tax only applies to companies that have:
o 50 or more full and part time employees in the US; and
o At least 50% of those employees hold H1B or L status.
* If an employee has an EAD, but is working using an H1B, that employee counts toward the total. If the employee works using his or her EAD, however, the employee does not count.
* The new tax only applies to new H filings (including change of employer filings)
* The new tax DOES NOT apply to extensions or amendments
* The total new tax is $2,000, not the higher amount originally feared
* The CIS confirmed that the additional fee must be paid by the petitioner and not the employee
* Both full and part time employees count toward the 50 employee threshold
* Any L2 employees, working using an EAD, also count toward the total
* The CIS is in the process of developing a new I-129 form to capture information concerning the new fee
* The CSC and VSC are attempting to screen existing cases, with filing postmarks on or after August 14th. For those that are found likely to be subject to the new tax, they will issue RFEs
* DO NOT send checks to the CIS for the additional fee until you receive an RFE.
* New filings by exempt companies should include a signed attestation that they are not subject to the new tax.
* Best practice, use a separate check for the new fee.
more...
desiin_va
06-13 09:35 AM
Check with a good attorney but as far i know, if you get paid by the for-profit consulting company (even if they place you at non-profit org), you will be subjected to H1B cap.
If your H1B paperwork (i-765) is directly from a non-profit org (like Univ, Govt, etc), then only are you cap exempt.
Also remember, if you ever want to txfr from non-profit to for-profit, you will be again subjected to cap. This assumes you were never counted against the for-profit company cap in any fiscal year quota.
I concur, though your physical presence is at non-profit org you are being paid by the consulting company which is for-profit which means you come under H1B cap. I currently work for non-profit, used to work for a consulting comp. PM me if u need more info.
If your H1B paperwork (i-765) is directly from a non-profit org (like Univ, Govt, etc), then only are you cap exempt.
Also remember, if you ever want to txfr from non-profit to for-profit, you will be again subjected to cap. This assumes you were never counted against the for-profit company cap in any fiscal year quota.
I concur, though your physical presence is at non-profit org you are being paid by the consulting company which is for-profit which means you come under H1B cap. I currently work for non-profit, used to work for a consulting comp. PM me if u need more info.
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jeny
08-05 01:33 PM
Hi Friend,
i have sheduled for interview in July,some how i couldn't make it that time.I have requested to postpond for 3 months.Are they assinged any visa for me ? Are they going to call me for interview after 3 month.Can anyone tell me are they going to call me ? Please answer . Thanks
i have sheduled for interview in July,some how i couldn't make it that time.I have requested to postpond for 3 months.Are they assinged any visa for me ? Are they going to call me for interview after 3 month.Can anyone tell me are they going to call me ? Please answer . Thanks
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conchshell
09-17 11:06 AM
Keep calling guys ...
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camarasa
07-12 05:02 PM
"and why the hell discrimination against people from only 4 countries?"
Oh please - what rubbish.
Oh please - what rubbish.
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anindya1234
06-01 03:27 PM
By the way..my petition was not endorsed by IV when I first floated it...so it should not be treated as an official action/petition by/from IV
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cagedcactus
11-11 03:38 PM
In short... this backlog is not going away, until everyone of us participates at state level, and starts making a difference.
We must stand up and fight this unfair system. they are not going to do anything for us, if we just sit on our lazy behinds....
We must stand up and fight this unfair system. they are not going to do anything for us, if we just sit on our lazy behinds....
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pappu
08-10 03:59 PM
we lost a golden oportunity to do a fund drive. Historically during good news period a lot of members participated in the fund drive, but because the IV website is broken and the threads are displayed irratically and not in the latest order the funding drive threads are hidden and irrelevant one post threads are showing up. We might have lost out on a 10 to 20k worth of funding because of this mistake. I request the core team to please fix this immediately. A lot of new members have joined IV and they might not particiapate in the funding drive because of this thread mistake.
All this needs funds and time. Either we invest in lobbying or maintain a forum. It is tough. With $20 dollars it had been difficult.
All this needs funds and time. Either we invest in lobbying or maintain a forum. It is tough. With $20 dollars it had been difficult.
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seahawks
06-27 01:18 AM
yes was filed by lawyer, but in his defense, I had to review all the paper work, I did not do a good job either.
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villamonte6100
10-05 10:49 AM
hi, Do you know: How recent, which nationality, when was his/her aos filed
Sheela, you must be an aussie?
Sheela, you must be an aussie?
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suren26
07-24 12:54 PM
My LAWYER is saying the same that i am leagal till FEB 2010(compelting 6 yrs). He is asking me to renew the H1B for 1 year based on I140 appeal. and apply for new LC & and I140 based on that and if it gets approved then rebew H1B for 3 yrs based in new approved I140.
But some threads are saying that if you I485 gets denied then you have to reinstate the H1B, Is that true?
But some threads are saying that if you I485 gets denied then you have to reinstate the H1B, Is that true?
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InTheMoment
07-19 10:47 PM
srarao,
Why would you get a RFE when you have done the skin test AND a subsequent chest x-ray ?
The only case that I read where a person got an RFE was when he had done the skin which was positive and inspite of the chest x-ray being negative.
The RFE he got was because the doctor unneccesarily made a note on the I-693 that a medication course is recommended.
Hi
Any guys with RFE on this
Why would you get a RFE when you have done the skin test AND a subsequent chest x-ray ?
The only case that I read where a person got an RFE was when he had done the skin which was positive and inspite of the chest x-ray being negative.
The RFE he got was because the doctor unneccesarily made a note on the I-693 that a medication course is recommended.
Hi
Any guys with RFE on this
GCard_Dream
07-13 05:45 PM
I don't think you can do that, can you? I think it kind of defeats the purpose, however.
You can add to your own reputation by clicking the "balance" icon.
Thanks,
Jayant
You can add to your own reputation by clicking the "balance" icon.
Thanks,
Jayant
gcdreamer05
10-28 02:40 PM
Folks,
Iam starting this new thread so that people will know what are the pros and cons leaving a company once GC is approved.
1.What are all the things to be noted while leaving the company after getting GC.
2.To be specific how long a consultant should be with company after GC is approved.
3.Also once GC is approved and if the consultant is off the payroll for say 2 to 3 months will there be any problem while filing for citizen ship.
There is alreayd a thread in IV forums explaining in detail and discussing the pros and cons of this, please refer that......
Iam starting this new thread so that people will know what are the pros and cons leaving a company once GC is approved.
1.What are all the things to be noted while leaving the company after getting GC.
2.To be specific how long a consultant should be with company after GC is approved.
3.Also once GC is approved and if the consultant is off the payroll for say 2 to 3 months will there be any problem while filing for citizen ship.
There is alreayd a thread in IV forums explaining in detail and discussing the pros and cons of this, please refer that......
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