aachoo
04-20 01:40 PM
I have been working for a private company LLC that operated as 3 smaller LLCs (regionally) but had the same/very similar names (e.g. XYZ, XYZ Asia).
I had H1Bs , LC, 140, 485 with this company.
Right now-
I have an approved 797 until 2010, but stamp expired in 2006
PD- Dec 2004
LC approved in 2006
140 approved 2007
485 applied July 2, 2007
Got EAD, AP in Aug 2007
Entered the US on AP in Dec 2007
The company and its regional entities changed the corporate structure and are now under a new legal entity name- XYZ (same as above). This happened after I got my EAD. To an outsider or our clients- there is no change. I have not signed any new employment papers with the new legal entity. Other than the address on my paystubs changing from my local headquarters to the WW headquarters nothing has changed for me.
Questions
Should I avail AC21/EAD because I am technically working for a different company?
Since this new entity has taken on the responsibilities for the old one, should I file something with the USCIS if they happen to check on the old entity when they adjudicate the 485?
Thanks in advance.
-a
I had H1Bs , LC, 140, 485 with this company.
Right now-
I have an approved 797 until 2010, but stamp expired in 2006
PD- Dec 2004
LC approved in 2006
140 approved 2007
485 applied July 2, 2007
Got EAD, AP in Aug 2007
Entered the US on AP in Dec 2007
The company and its regional entities changed the corporate structure and are now under a new legal entity name- XYZ (same as above). This happened after I got my EAD. To an outsider or our clients- there is no change. I have not signed any new employment papers with the new legal entity. Other than the address on my paystubs changing from my local headquarters to the WW headquarters nothing has changed for me.
Questions
Should I avail AC21/EAD because I am technically working for a different company?
Since this new entity has taken on the responsibilities for the old one, should I file something with the USCIS if they happen to check on the old entity when they adjudicate the 485?
Thanks in advance.
-a
wallpaper The duo dressed up as Snooki
Blog Feeds
04-26 11:30 AM
The American Immigration Lawyers Association (AILA) strongly urges Arizona Governor Jan Brewer to veto a bill moving rapidly through the state legislature that would make it a crime to be an undocumented immigrant in the state.
In addition to the absurdity of aligning undocumented status with state trespassing, the law also validates racial profiling as a legitimate law enforcement tool which is precisely the reason why individuals and businesses around the country are beginning to seriously question whether Arizona is a safe place to visit, live, or do business.
The bill also creates a private right of action for any person to sue a city, town, or county for not enforcing immigration laws to the full extent of federal law and it establishes civil penalties for the city, town, or county. This subjects local governments to unreasonable and potentially frivolous litigation by private citizens with an anti-immigrant agenda. Even if a municipality is vindicated in court, it will still have to incur the costs of defense.
The problems with this bill are monumental and the consequences will be devastating to the citizens of Arizona and the state's already fragile economy. At last glance, Arizona was in the throes of a massive budgetary crisis. Arizona's economy simply cannot afford to absorb the costly litigation that this ill-conceived legislation will certainly produce. Moreover it sets a bad example for other states to pass similar bills. Already other states like Ohio and Utah are entertaining similar legislation. Immigration is the domain of the federal government and it is a huge mistake for states to be involved.
More... (http://www.visalawyerblog.com/2010/04/arizona_passes_unconstitutiona.html)
In addition to the absurdity of aligning undocumented status with state trespassing, the law also validates racial profiling as a legitimate law enforcement tool which is precisely the reason why individuals and businesses around the country are beginning to seriously question whether Arizona is a safe place to visit, live, or do business.
The bill also creates a private right of action for any person to sue a city, town, or county for not enforcing immigration laws to the full extent of federal law and it establishes civil penalties for the city, town, or county. This subjects local governments to unreasonable and potentially frivolous litigation by private citizens with an anti-immigrant agenda. Even if a municipality is vindicated in court, it will still have to incur the costs of defense.
The problems with this bill are monumental and the consequences will be devastating to the citizens of Arizona and the state's already fragile economy. At last glance, Arizona was in the throes of a massive budgetary crisis. Arizona's economy simply cannot afford to absorb the costly litigation that this ill-conceived legislation will certainly produce. Moreover it sets a bad example for other states to pass similar bills. Already other states like Ohio and Utah are entertaining similar legislation. Immigration is the domain of the federal government and it is a huge mistake for states to be involved.
More... (http://www.visalawyerblog.com/2010/04/arizona_passes_unconstitutiona.html)
veni001
08-31 05:09 PM
Hi,
I am planning to file EB2 and port my EB3-I140 PD. My current position is System Analyst with EB3 job requirement. I can get a promotion but that doesnt qualify for EB2 job requirement. So I am planning to move to a different position, Research Associate which qualifies for EB2(it requires masters degree) with the same employer. Can I file EB2 with this position and port my EB3-I140 PD? Advice pls.
thanks
If the position is available and you have master's degree, yes your employer can start PERM process.;)
I am planning to file EB2 and port my EB3-I140 PD. My current position is System Analyst with EB3 job requirement. I can get a promotion but that doesnt qualify for EB2 job requirement. So I am planning to move to a different position, Research Associate which qualifies for EB2(it requires masters degree) with the same employer. Can I file EB2 with this position and port my EB3-I140 PD? Advice pls.
thanks
If the position is available and you have master's degree, yes your employer can start PERM process.;)
2011 Charice as Justin Bieber for
vinzak
12-15 03:57 PM
While we all wait anxiously for our GCs, it can't even get you into Haagen Daaz in India.
You'd need to wait till you are a US citizen for that!!!
Haagen Dazs Delhi Says No Indians Allowed - mediabistro.com: AgencySpy (http://www.mediabistro.com/agencyspy/what_the/haagen_dazs_delhi_says_no_indians_allowed_146068.a sp)
Haagen Dazs Delhi Says No Indians Allowed
By Kiran Aditham on Dec 15, 2009 12:32 PM
With the opening of its first New Delhi outlet, ice cream brand Haagen Dazs adopted an interesting if not ridiculous policy: those with international passports were allowed in while Indians themselves weren't. Times of India's Rajesh Kalra provides a tale of a friend who was turned away by Haagen-Dazs enforcers. Here's a brief excerpt:
"I immediately called Ramit. 'You are an international traveler, and you have a passport, so you can go in', I said. Ramit's response was instant: I tried to enter but they said you are not allowed for you don't have an international passport. I am normally not given to immediate emotional reactions, but I couldn't resist this time. I was, to be honest, upset. How can they do this to an Indian, in India? Do a story on TOI or NBT? Do it for print or Online? Call other media friends and colleagues? I simply didn't know how to react. Print would have a better impact, but should I wait that long?"
Kalra didn't wait long. He contacted local authorities and used Facebook and Twitter to get the word out to the Indian community and as expected, HD's actions drew plenty of ire. According to BoingBoing, after a fitting public outcry thanks in part to Kalra's efforts, the operator of the franchise (who ironically is Indian) has axed the policy and apparently now claims it never existed.
Kalra, though, chalks this discrimination up to an age-old mentality of some Indian people. "I have often maintained that we ourselves are our biggest enemies. Our mentality is that of slaves and we think anything is good only if its approved by foreigners, or the 'holders of international passport[s].'"
You'd need to wait till you are a US citizen for that!!!
Haagen Dazs Delhi Says No Indians Allowed - mediabistro.com: AgencySpy (http://www.mediabistro.com/agencyspy/what_the/haagen_dazs_delhi_says_no_indians_allowed_146068.a sp)
Haagen Dazs Delhi Says No Indians Allowed
By Kiran Aditham on Dec 15, 2009 12:32 PM
With the opening of its first New Delhi outlet, ice cream brand Haagen Dazs adopted an interesting if not ridiculous policy: those with international passports were allowed in while Indians themselves weren't. Times of India's Rajesh Kalra provides a tale of a friend who was turned away by Haagen-Dazs enforcers. Here's a brief excerpt:
"I immediately called Ramit. 'You are an international traveler, and you have a passport, so you can go in', I said. Ramit's response was instant: I tried to enter but they said you are not allowed for you don't have an international passport. I am normally not given to immediate emotional reactions, but I couldn't resist this time. I was, to be honest, upset. How can they do this to an Indian, in India? Do a story on TOI or NBT? Do it for print or Online? Call other media friends and colleagues? I simply didn't know how to react. Print would have a better impact, but should I wait that long?"
Kalra didn't wait long. He contacted local authorities and used Facebook and Twitter to get the word out to the Indian community and as expected, HD's actions drew plenty of ire. According to BoingBoing, after a fitting public outcry thanks in part to Kalra's efforts, the operator of the franchise (who ironically is Indian) has axed the policy and apparently now claims it never existed.
Kalra, though, chalks this discrimination up to an age-old mentality of some Indian people. "I have often maintained that we ourselves are our biggest enemies. Our mentality is that of slaves and we think anything is good only if its approved by foreigners, or the 'holders of international passport[s].'"
more...
number30
03-15 02:36 PM
My mother-in-law would like to get visitor visa.
How do I answer #37 of the DS-156?
The applicant's (my mother-in-law) son( my husband) is in the U.S. illegally. I am US cit. and my husband needs to report to visa interview within the next year. We have been post-poning due to medical issues. In the meanwhile we hope my mother-in-law can come here to visit her granddaughter.( I am unable to travel). #37 of the DS-156 asks if any body is in US. We should answer YES, because her son is here, BUT, what do we put for his status? Illegal? I read one article that stated to mark YES only if he has legal status. I do not want to put NO, immigration already knows he is here and we do not want to be dishonest.
Any ideas?
She has to be truthful. Otherwise it can create big problem later. Why you husband did not apply for the card when married to a citizen?
How do I answer #37 of the DS-156?
The applicant's (my mother-in-law) son( my husband) is in the U.S. illegally. I am US cit. and my husband needs to report to visa interview within the next year. We have been post-poning due to medical issues. In the meanwhile we hope my mother-in-law can come here to visit her granddaughter.( I am unable to travel). #37 of the DS-156 asks if any body is in US. We should answer YES, because her son is here, BUT, what do we put for his status? Illegal? I read one article that stated to mark YES only if he has legal status. I do not want to put NO, immigration already knows he is here and we do not want to be dishonest.
Any ideas?
She has to be truthful. Otherwise it can create big problem later. Why you husband did not apply for the card when married to a citizen?
fcres
01-15 01:41 PM
Is it possible to use spouse's PD ?
Just to make sure i understand this CFR right Sec. 45. 2 Priority date of applicants. (http://www.uscis.gov/propub/ProPubVAP.jsp?dockey=c4934c1786b99f1896b1c58f5df66 d79)
Just to make sure i understand this CFR right Sec. 45. 2 Priority date of applicants. (http://www.uscis.gov/propub/ProPubVAP.jsp?dockey=c4934c1786b99f1896b1c58f5df66 d79)
more...
blacklizard
06-01 01:38 PM
Oh parameterised constructor its not exactly function overloading its simply is parameterised constructor through which static polymorphism is implemented.
2010 Charice as Justin Bieber for
manja
05-23 03:17 PM
who will be beneficiary? FB or EB?
:rolleyes:
:rolleyes:
more...
spider2272
07-28 06:51 PM
Hi IV Gurus,
My Attorney filed my EAD application with invalid A# number in May,08 and my EAD got approved in July,08 with Invalid A# number. While going through my EAD card, I found invalid A# number on my EAD Card.
I sent a email to attorney regarding this one and he says that they filed EAD with invalid A# number and USCIS approved the EAD with Invalid A# number.It should not be an issue and the only way to �fix� this would be to file a new I-765 application and get a new EAD. It is certainly not an issue for employment eligibility at your current company".
Attorney also saying that they can file new EAD, but he needs send my Original EAD card along with the application.
My Questions are
1).Do I need send my Original EAD along with new EAD application ? Can I file with new EAD application with photo copy of my current EAD ?
2). Can I keep my current EAD (with Invalid A# Number on it) and apply next re-newel period with correct A# Number?
3).If I leave the country, while coming back at Port Of Entry do I see any problem? My I-485 and AP with valid A# Number and EAD with Invalid A# Number..
4).Do I see any issue, if I switch job with current EAD with Invalid A# Number?
Please give your suggestions.
Thanks.
My Attorney filed my EAD application with invalid A# number in May,08 and my EAD got approved in July,08 with Invalid A# number. While going through my EAD card, I found invalid A# number on my EAD Card.
I sent a email to attorney regarding this one and he says that they filed EAD with invalid A# number and USCIS approved the EAD with Invalid A# number.It should not be an issue and the only way to �fix� this would be to file a new I-765 application and get a new EAD. It is certainly not an issue for employment eligibility at your current company".
Attorney also saying that they can file new EAD, but he needs send my Original EAD card along with the application.
My Questions are
1).Do I need send my Original EAD along with new EAD application ? Can I file with new EAD application with photo copy of my current EAD ?
2). Can I keep my current EAD (with Invalid A# Number on it) and apply next re-newel period with correct A# Number?
3).If I leave the country, while coming back at Port Of Entry do I see any problem? My I-485 and AP with valid A# Number and EAD with Invalid A# Number..
4).Do I see any issue, if I switch job with current EAD with Invalid A# Number?
Please give your suggestions.
Thanks.
hair Pauly D dressed up as and
Blog Feeds
11-08 03:30 PM
USCIS recently issued a Memo that amends Adjudicator�s Field Manual on General Form I-140 Issues. Many issues are covered, but one of particular interest to our PERM (http://www.h1b.biz/lawyer-attorney-1135851.html)readers is the Labor Certification Validity for Labor Certifications with an Ending Validity Date that Falls on a Saturday, Sunday or Federal Legal Holiday.
DOL has established a 180-day validity period for approved labor certifications. See 20 CFR 656.30(b). An approved labor certification must be filed in support of a Form 1-140 petition during the labor certification's validity period. DOL has not published any guidance regarding the treatment of labor certifications that effectively have a validity period of less than 180 days due to an ending validity date that falls on a Saturday, Sunday, or a federal legal holiday.
USCIS will accept the filing of 1-140 petitions where the supporting labor certification validity period ends on a Saturday, Sunday or federal legal holiday on the next business day, i.e., the next day that is not a Saturday, Sunday or federal legal holiday. This action is most consistent with existing USCIS regulations, which allow cut-off dates for the filing of petitions and applications that fall on a Saturday, Sunday or federal legal holiday to be extended until the next business day. See 8 CFR 1.1 (h). This procedure provides petitioning employers the benefit of the full 180 day validity period for approved labor certifications established by DOL.
More... (http://www.visalawyerblog.com/2009/11/perm_approved_labor_certificat.html)
DOL has established a 180-day validity period for approved labor certifications. See 20 CFR 656.30(b). An approved labor certification must be filed in support of a Form 1-140 petition during the labor certification's validity period. DOL has not published any guidance regarding the treatment of labor certifications that effectively have a validity period of less than 180 days due to an ending validity date that falls on a Saturday, Sunday, or a federal legal holiday.
USCIS will accept the filing of 1-140 petitions where the supporting labor certification validity period ends on a Saturday, Sunday or federal legal holiday on the next business day, i.e., the next day that is not a Saturday, Sunday or federal legal holiday. This action is most consistent with existing USCIS regulations, which allow cut-off dates for the filing of petitions and applications that fall on a Saturday, Sunday or federal legal holiday to be extended until the next business day. See 8 CFR 1.1 (h). This procedure provides petitioning employers the benefit of the full 180 day validity period for approved labor certifications established by DOL.
More... (http://www.visalawyerblog.com/2009/11/perm_approved_labor_certificat.html)
more...
chanduv23
02-14 03:33 PM
Come on folks, please send your love letter to the WH on a special day
hot justin bieber? he dressed
aachoo
02-27 09:23 PM
Hi there,
This is exactly what my company's attorney had told me. If the new location is within commuting distance/same metropilitan area there is no need for a LCA amendment .
If anybody thinks otherwise please feel free to correct me.
I had the same situation a few years back (Menlo Park to Fremont, CA) if you know the area. The attorney said no need for new LCA.
-a
This is exactly what my company's attorney had told me. If the new location is within commuting distance/same metropilitan area there is no need for a LCA amendment .
If anybody thinks otherwise please feel free to correct me.
I had the same situation a few years back (Menlo Park to Fremont, CA) if you know the area. The attorney said no need for new LCA.
-a
more...
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Waitng4GC
03-25 09:32 AM
it is around $27 and I got both H1 and EAD.
tattoo dressing up as Justin
blitz456
06-08 12:31 AM
Hi
I am about to start my process for green card. Not the best of times to file, but I absolutely cant afford to lose more time. My filing would be in EB3 as I have a 3 year bachelor degree. I have a professional accounting degree also but I dont think I would be making use of it. My approach right now is of least risk.
What I am little concerned about is the designation / job code to use. Though I have worked as a Programmer Analyst till now for 8 years now with some elements of Business Analysis - my idea is file as a Systems Analyst (Onet code - 15-1051.00 ). The reasons are two fold - one, to allow me to work as Business / Financial Analyst when I decide to change my role couple of years down the line and second, to limit the number of responses to advert given present market conditions.
I am not sure if what I am trying to do has any risks. My lawyer suggests that I should put only and only those elements in advert, for which I can provide experience letters at I 140 stage. So the exact business analysis elements may be difficult to get, but I see the job description at Onet site can quite fit my profile well. (I have done requirements analysis in my last job)
Also I am wondering if I need this approach at all. Like if I would want to work as a Business Analyst later on, I could file an another labor in anycase - the time lags to get 485 cleared are so long that I can get another labor approved before I apply for 485. This way right now I can get the priority date crystallized first up and care about job role later on.
However I dont know if the other reason - to prevent too many applications by posting this job code is a pragmatic one or not.
Please advise. Thanks much in advance.
I am about to start my process for green card. Not the best of times to file, but I absolutely cant afford to lose more time. My filing would be in EB3 as I have a 3 year bachelor degree. I have a professional accounting degree also but I dont think I would be making use of it. My approach right now is of least risk.
What I am little concerned about is the designation / job code to use. Though I have worked as a Programmer Analyst till now for 8 years now with some elements of Business Analysis - my idea is file as a Systems Analyst (Onet code - 15-1051.00 ). The reasons are two fold - one, to allow me to work as Business / Financial Analyst when I decide to change my role couple of years down the line and second, to limit the number of responses to advert given present market conditions.
I am not sure if what I am trying to do has any risks. My lawyer suggests that I should put only and only those elements in advert, for which I can provide experience letters at I 140 stage. So the exact business analysis elements may be difficult to get, but I see the job description at Onet site can quite fit my profile well. (I have done requirements analysis in my last job)
Also I am wondering if I need this approach at all. Like if I would want to work as a Business Analyst later on, I could file an another labor in anycase - the time lags to get 485 cleared are so long that I can get another labor approved before I apply for 485. This way right now I can get the priority date crystallized first up and care about job role later on.
However I dont know if the other reason - to prevent too many applications by posting this job code is a pragmatic one or not.
Please advise. Thanks much in advance.
more...
pictures Justin Bieber didn#39;t dress up
dhirajgrover
04-16 05:06 PM
Sorry, I misunderstood you, but that has not been shared by the employer.
dresses I don#39;t dress up for Halloween
nursekm
08-13 01:36 AM
I traveled to Canada and back. The CBP-US stamped both my AP. Can I use the stamped AP for travel?
more...
makeup Dress up like
mn_finch
04-01 10:36 PM
My LCA appl has a priority date of June 2004; and so far, Dallas BEC has lost my resent-appl twice. Lawyers failed to retrieve any status after that, and suggested a congressional liaison enquiry into it. If anybody is aware of this enquiry, would you plz let me know? Thanx.
girlfriend Justin Bieber also met up with
truthinspector
10-19 10:37 AM
Truly inspirational, Thanks a lot!
http://www.elegantbay.com/main/amazingwoman.htm
http://www.elegantbay.com/main/amazingwoman.htm
hairstyles Justin Bieber Photoshop Mess:
vvicky72
10-17 09:05 AM
My 485 got approved 2 months back. There was an RFE for my wife and by the time I answered it, the visa numbers were over. Now I am planning to change my job. I know its good to wait for at least 6 months before you switch over, but I don't have that option. Can there be any issues with my wife's application?
waitnwatch
12-30 06:33 PM
The fingerprinting is generally scheduled to give enough time to the personnel at the center to do their job comfortably and not have a large waiting line. From my experience I found that the scheduling is loose and so the folks at the centers can accomodate an extra person very easily. Also these are contractors who get paid by the number of cases so they are okay with doing a fingerprinting if you turn up on an unscheduled day.
The best bet is to turn up on a weekday. I did this for both myself and my wife as we were headed to India the day our fingerprinting was scheduled. There was no one in line and the whole process took at most 10 minutes.
Hope this helps
The best bet is to turn up on a weekday. I did this for both myself and my wife as we were headed to India the day our fingerprinting was scheduled. There was no one in line and the whole process took at most 10 minutes.
Hope this helps
tnite
10-08 11:14 AM
July 20th will be the RD
Read this forums for more info link (http://www.immigrationportal.com/showthread.php?t=106446)
Just my 2 cents
Read this forums for more info link (http://www.immigrationportal.com/showthread.php?t=106446)
Just my 2 cents
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