meridiani.planum
04-21 05:09 PM
Hi,
I am working in US on L1 and my company would start my green card filling in next few months.
I also have valid H1B pettion stamped and can switch to H1B which would mean that I can work freely here at US.
But many of my friends told me that green card processing is faster on L1.
I am not able to make decision whether I should continue working on L1 or change my status to H1 to get better hike and more opportunity.
Pls can anyone tell me which would be wise choice. Is green card processing for L1 visa is faster?
Thanks in advance.
~Greeta
GC in L1 is not faster than H1. Its just that L1-As are typically multinational managers who qualify for EB1, and H1s typically are engineers/worker-bees who qualify for the longer EB2/EB3 Process. So first find out what your category is going to be, EB1 or one of the other two.
If you qualify for EB1, your GC process will be fast (~6 months), if its EB2 or EB3, hunker down for a long (5?10 years?) wait. This is irrespective of whether you are in L1 Or H1.
advantages of H1
- can be extended indefinately past 6 years in 1-3 year increments; once you have a GC going (LC >365 days old or I-140 approved).
- can change employers in the US.
advantages of L1
- if your spouse is on L2, he/she can get an EAD and work.
so main issues with your current status of L1:
- If you have not filed your 485 within your L1 time, you need to change status to something else or return to home country. You cant get the extensions that you can get with H1.
- if you lose your job, if you already had an H1 In the past you can move to that status, otherwise you need to go to home country and then get lucky in next years lottery.
- there are no salary restrictions, so the employer can potentially legally underpay you. With H1 you must atleast be paid the prevailing wage.
So unless you have a spouse that is currently on an L2-EAD, I would think moving to H1 makes more sense. (time in L1 counts agianst your time for H1 and vice-versa)
I am working in US on L1 and my company would start my green card filling in next few months.
I also have valid H1B pettion stamped and can switch to H1B which would mean that I can work freely here at US.
But many of my friends told me that green card processing is faster on L1.
I am not able to make decision whether I should continue working on L1 or change my status to H1 to get better hike and more opportunity.
Pls can anyone tell me which would be wise choice. Is green card processing for L1 visa is faster?
Thanks in advance.
~Greeta
GC in L1 is not faster than H1. Its just that L1-As are typically multinational managers who qualify for EB1, and H1s typically are engineers/worker-bees who qualify for the longer EB2/EB3 Process. So first find out what your category is going to be, EB1 or one of the other two.
If you qualify for EB1, your GC process will be fast (~6 months), if its EB2 or EB3, hunker down for a long (5?10 years?) wait. This is irrespective of whether you are in L1 Or H1.
advantages of H1
- can be extended indefinately past 6 years in 1-3 year increments; once you have a GC going (LC >365 days old or I-140 approved).
- can change employers in the US.
advantages of L1
- if your spouse is on L2, he/she can get an EAD and work.
so main issues with your current status of L1:
- If you have not filed your 485 within your L1 time, you need to change status to something else or return to home country. You cant get the extensions that you can get with H1.
- if you lose your job, if you already had an H1 In the past you can move to that status, otherwise you need to go to home country and then get lucky in next years lottery.
- there are no salary restrictions, so the employer can potentially legally underpay you. With H1 you must atleast be paid the prevailing wage.
So unless you have a spouse that is currently on an L2-EAD, I would think moving to H1 makes more sense. (time in L1 counts agianst your time for H1 and vice-versa)
wallpaper Tupac Shakur and Osama bin
gcwait2007
12-25 10:12 PM
If you are stuck in name check over a year and PD was current, you can file WOM. Add the Secretary of State (Rice) as a defendant. Check this order where the court ordered the government to issue visa numbers (!) to long-delayed AOS applicants.
http://immigrationportal.com/showpost.php?p=1838094&postcount=14850
Q2. Yes, see 8 USC 1151, 8 USC 1153. Check this thread for details.
http://immigrationvoice.org/forum/showthread.php?t=16266
Guru Lazycis,
The information posted by you in Immigration Portal is very useful and informative and encouraging. You are a great guy, if u r male. Great lady if u r female. Please accept my salutes and regards.
Thanks a lot.
http://immigrationportal.com/showpost.php?p=1838094&postcount=14850
Q2. Yes, see 8 USC 1151, 8 USC 1153. Check this thread for details.
http://immigrationvoice.org/forum/showthread.php?t=16266
Guru Lazycis,
The information posted by you in Immigration Portal is very useful and informative and encouraging. You are a great guy, if u r male. Great lady if u r female. Please accept my salutes and regards.
Thanks a lot.
wait4ever
11-09 05:44 PM
What is wrong with people here ?
The UK Doctors WON the case on Appeal - the UK courts ruled that the actions by the UK Governments were unlawful.
People - please no doomsday expressions on these forums if you are so unhappy look elsewhere - I read a post where one poster (Invincibleasian) mentioned that "I hope that they dont flood the US from UK" - well you came here and no one said anything so why this "pull up the ladder" mentality.
Folks - Remember United we stand ! we are immigrant Employment based workers and in this flat world we are all impacted by legislation equally irrespective of which country enforces them.
Enough said :mad:
The UK Doctors WON the case on Appeal - the UK courts ruled that the actions by the UK Governments were unlawful.
People - please no doomsday expressions on these forums if you are so unhappy look elsewhere - I read a post where one poster (Invincibleasian) mentioned that "I hope that they dont flood the US from UK" - well you came here and no one said anything so why this "pull up the ladder" mentality.
Folks - Remember United we stand ! we are immigrant Employment based workers and in this flat world we are all impacted by legislation equally irrespective of which country enforces them.
Enough said :mad:
2011 A day before what would have been the 40th birthday of Tupac Shakur,
saileshdude
06-25 12:55 PM
http://www.uscis.gov/files/pressrelease/AC21Intrm122705.pdf
As per this memo -
While I-485 can be approved when PD is current, however, it can be denied anytime (does not matter if PD is current or not). The conditions for job offer must be maintained at all times while I-485 is pending.
With this, I am not sure, the defense of PD is not current is going to work.
Here are the questions that I have:
1) As per recent news, a lot of applications are PRE-ADJUDICATED. Now does this mean that those applications will be adjudicated when their PD becomes current , meaning to be approved based on a current PD , does the application has to go through the process of adjudication. Or does it mean adjudication is defined as "processing complete but is independent of PD being current or not" . What does the adjudication means in the above particular context.
2) IN this particular question, the answer does not specifically mean PD being current or not. It only mentions that "need to have job offer when AOS is being adjudicated". If you interpret it this way , then yes PD being current or not does not matter. And you will need to show u have job offer. BUT if definition of adjudication also involves approving the I-485 then one can argue that yes unless ur PD is current u cannot be approved and hence u do not need to have job offer if your PD is current.
I would like to know what various attorneys think about this
As per this memo -
While I-485 can be approved when PD is current, however, it can be denied anytime (does not matter if PD is current or not). The conditions for job offer must be maintained at all times while I-485 is pending.
With this, I am not sure, the defense of PD is not current is going to work.
Here are the questions that I have:
1) As per recent news, a lot of applications are PRE-ADJUDICATED. Now does this mean that those applications will be adjudicated when their PD becomes current , meaning to be approved based on a current PD , does the application has to go through the process of adjudication. Or does it mean adjudication is defined as "processing complete but is independent of PD being current or not" . What does the adjudication means in the above particular context.
2) IN this particular question, the answer does not specifically mean PD being current or not. It only mentions that "need to have job offer when AOS is being adjudicated". If you interpret it this way , then yes PD being current or not does not matter. And you will need to show u have job offer. BUT if definition of adjudication also involves approving the I-485 then one can argue that yes unless ur PD is current u cannot be approved and hence u do not need to have job offer if your PD is current.
I would like to know what various attorneys think about this
more...
CantLeaveAmerica
04-10 09:27 PM
CantLeaveAmerica
The officer asked several questions
Where do I work
What is my job title
Am I married
Do I have Kids
What is my current address and proof of it.
What is my wedding date
Hav I travelled out of USA from last entry
Did I ever get any money in form of help from Immigration
Checked my pay chq (current) and w-2 for 2007.
Asked for Employment verification letter
Asked to show I 94 card
Asked all the questions which I guess are on the 485 form, the questions are generally not relevant to people like us: Examples are below
Do I have any illegal kids (hahaha)
Was I ever involved with any terrorist org
Have I ever tried to being in ilegals to USA
Have I ever worked as a Prostitute (lol)
In particular the only question which surprised me was when I was asked to descirbe what my job responsibilities are....I was prepared for it and the officer was matching it with the job description used for my PERM
The officer was very nice and helpful. I got done in like 20-25 min and she said that the case is approvable. We just need to wait for the Visa #.
Hope this helps people out here........Good Luck ALL.
Thanks Piyu7444...did they ask for all paystubs of previous years or were they only interested in the current paystub as mentioned by you?
Also, do the job responsibilities have to match exactly word4word as in LC? Or can I explain to similar extent?
The officer asked several questions
Where do I work
What is my job title
Am I married
Do I have Kids
What is my current address and proof of it.
What is my wedding date
Hav I travelled out of USA from last entry
Did I ever get any money in form of help from Immigration
Checked my pay chq (current) and w-2 for 2007.
Asked for Employment verification letter
Asked to show I 94 card
Asked all the questions which I guess are on the 485 form, the questions are generally not relevant to people like us: Examples are below
Do I have any illegal kids (hahaha)
Was I ever involved with any terrorist org
Have I ever tried to being in ilegals to USA
Have I ever worked as a Prostitute (lol)
In particular the only question which surprised me was when I was asked to descirbe what my job responsibilities are....I was prepared for it and the officer was matching it with the job description used for my PERM
The officer was very nice and helpful. I got done in like 20-25 min and she said that the case is approvable. We just need to wait for the Visa #.
Hope this helps people out here........Good Luck ALL.
Thanks Piyu7444...did they ask for all paystubs of previous years or were they only interested in the current paystub as mentioned by you?
Also, do the job responsibilities have to match exactly word4word as in LC? Or can I explain to similar extent?
leo2606
07-29 01:09 PM
Old Pork Chops asked:
Has anyone heard of cases where immigration lawyers have successfully petitioned on behalf of parents of a US baby (way before the age of 18) to become GC holders or citizens?
But he didn't ask if the application is through Baby or Not (he just asked petitioned on behalf of parents of a US baby).
So I was just saying My application is filed in EB2 through my employment being parent of a US baby.I tried to be funny but I got red square for my reputation:(
Any way I would like to be out of this thread.
I did not understand your answer.
How come your 4 year old son apply in EB2 category and sponsor the parents. I know the application is for future employment. But this one is stretching too far? :)
Has anyone heard of cases where immigration lawyers have successfully petitioned on behalf of parents of a US baby (way before the age of 18) to become GC holders or citizens?
But he didn't ask if the application is through Baby or Not (he just asked petitioned on behalf of parents of a US baby).
So I was just saying My application is filed in EB2 through my employment being parent of a US baby.I tried to be funny but I got red square for my reputation:(
Any way I would like to be out of this thread.
I did not understand your answer.
How come your 4 year old son apply in EB2 category and sponsor the parents. I know the application is for future employment. But this one is stretching too far? :)
more...
Rakson
03-03 06:58 PM
You have added important point for consideration. Thanks!
I am including response from Rajeev Khanna. I took paid consultation today and paid him $220 for above queries. He is excellent. I would recommend him for all immigration queries...
A. Can USCIS revoke extended period ( after Jan 29, 2011) if current company(A) revokes their approved I-140 before new company(B) gets approval of new PERM and I-140?
Rajeev >> USCIS can but they have not done this till today ( as per history in Rajeev's database).
B. Can new company (B) start new PERM application during my extension period (after Jan 29, 2011)?
Rajeev >> YES, they can. It is recommended to start before start of 7th year but not MUST.
C. Can new company (B) transfer Priority date even if existing company(A) revokes their I-140?
Rajeev >> Yes, its possible if revoke is not due to fraud filing..
1. What kind of trend is there now a days on PERM labor approval? Lot of queries and rejections ?
Rajeev >> No, this is not true. USCIS is still approving as before.
2. Can my new PERM or I-140 be denied for any reason? It was approved for me twice in past.
Rajeev >> Yes, this could happen as every filing is new and handled from starting.
3. Can I keep running existing GC without continuing with old company? When should I join them back for safe GC processing? After GC? After EAD? During 485 filing?
Rajeev >> Ideally after GC you must join but it is recommended to join back during 485 filing.
4. My wife worked on L2+EAD for 3 years. Is L2+ EAD period counted towards 6 years work visa like (H1 + L1).
Rajeev >> No, L2+EAD period is not counted like H1 & L1.
I am including response from Rajeev Khanna. I took paid consultation today and paid him $220 for above queries. He is excellent. I would recommend him for all immigration queries...
A. Can USCIS revoke extended period ( after Jan 29, 2011) if current company(A) revokes their approved I-140 before new company(B) gets approval of new PERM and I-140?
Rajeev >> USCIS can but they have not done this till today ( as per history in Rajeev's database).
B. Can new company (B) start new PERM application during my extension period (after Jan 29, 2011)?
Rajeev >> YES, they can. It is recommended to start before start of 7th year but not MUST.
C. Can new company (B) transfer Priority date even if existing company(A) revokes their I-140?
Rajeev >> Yes, its possible if revoke is not due to fraud filing..
1. What kind of trend is there now a days on PERM labor approval? Lot of queries and rejections ?
Rajeev >> No, this is not true. USCIS is still approving as before.
2. Can my new PERM or I-140 be denied for any reason? It was approved for me twice in past.
Rajeev >> Yes, this could happen as every filing is new and handled from starting.
3. Can I keep running existing GC without continuing with old company? When should I join them back for safe GC processing? After GC? After EAD? During 485 filing?
Rajeev >> Ideally after GC you must join but it is recommended to join back during 485 filing.
4. My wife worked on L2+EAD for 3 years. Is L2+ EAD period counted towards 6 years work visa like (H1 + L1).
Rajeev >> No, L2+EAD period is not counted like H1 & L1.
2010 Osama bin Laden#39;s henchman becomes new al-Qa#39;ida chief
desi3933
05-14 01:33 PM
H-1B is approved from Oct/1/2009. Currently I should be on L-1B. As per this article, I think I can travel without jeopardizing my future status. They call it the 'Hernandez letter'. Is this true?
http://www.murthy.com/news/n_cosapp.html
Thanks..
Well, you didn't mention in your original post that COS date is 01/10/2009 and I assumed that COS date was date of approval.
In this case, yes your H1 COS is approved with deferred change of status date of Oct 1st. And Hernandez Letter does cover such scenario.
However, please keep this mind (mentioned in that link)
This analysis was provided by the USCIS in the form of letter guidance. Such guidance does not carry the binding force of law or regulation and generally is given less weight than even a USCIS policy memo.
Since when you come back you will have different I-94 number as compare to I-94 number on COS approval letter. This can cause explanation/issues down the line. Please consult your attorney and have professional advice.
Hernandez Letter does not have binding force of law. This is something difficult to ignore for me. But, that's just me.
______________________
Not a legal advice.
US citizen of Indian origin
.
http://www.murthy.com/news/n_cosapp.html
Thanks..
Well, you didn't mention in your original post that COS date is 01/10/2009 and I assumed that COS date was date of approval.
In this case, yes your H1 COS is approved with deferred change of status date of Oct 1st. And Hernandez Letter does cover such scenario.
However, please keep this mind (mentioned in that link)
This analysis was provided by the USCIS in the form of letter guidance. Such guidance does not carry the binding force of law or regulation and generally is given less weight than even a USCIS policy memo.
Since when you come back you will have different I-94 number as compare to I-94 number on COS approval letter. This can cause explanation/issues down the line. Please consult your attorney and have professional advice.
Hernandez Letter does not have binding force of law. This is something difficult to ignore for me. But, that's just me.
______________________
Not a legal advice.
US citizen of Indian origin
.
more...
cbpds
06-08 12:54 PM
What if someone returned the initial I94 but not the latest one because we attched the wrong I94 portion, will we need to send the new I94 after extension back to USCIS as well?
No, you are supposed to return all I-94s!!.
No, you are supposed to return all I-94s!!.
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shreekarthik
06-13 03:57 PM
I got my LC two days ago apply 245i 05-26-01.On my LC it says B2 does this mean EB2 and whats my current status can I apply for 485i please advise me thakyou all.
If u applied under 245(I) I would highly doubt it would be EB2. I don't think the B2 implies any of the employment based category. Read your LC application and it will talk about sections like "Sec.203(b)(2)" etc. That should tell u which category you belong to.
BTW which country are u from ?
If u applied under 245(I) I would highly doubt it would be EB2. I don't think the B2 implies any of the employment based category. Read your LC application and it will talk about sections like "Sec.203(b)(2)" etc. That should tell u which category you belong to.
BTW which country are u from ?
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eb3_nepa
07-29 06:46 PM
CHC speaks only for illegals...
they fear any partial immigration reforms will harm their political constituents..namely the hispanic voter base.
They will never come onboard for legals..we have to fight our own battle.
So individual constituents on this forums can have personal views..
Yes, but we do not represent the CHC, nor are we in any way affiliated to them.
Secondly there are no "individual constituents" when it comes to Immigration Voice. This is an organization OF, FOR and BY the "EMPLOYMENT BASED LEGAL IMMIGRANTS". We neither support nor oppose rewards or penalties for or against the undocumented workers (illegal immigrants). Individual members can have their own "opinions/biases", but NO individual member can speak on behalf of Immigration Voice on major issues. As per my understanding, ONLY the IV Core team/Board members as a WHOLE can make such decisions.
they fear any partial immigration reforms will harm their political constituents..namely the hispanic voter base.
They will never come onboard for legals..we have to fight our own battle.
So individual constituents on this forums can have personal views..
Yes, but we do not represent the CHC, nor are we in any way affiliated to them.
Secondly there are no "individual constituents" when it comes to Immigration Voice. This is an organization OF, FOR and BY the "EMPLOYMENT BASED LEGAL IMMIGRANTS". We neither support nor oppose rewards or penalties for or against the undocumented workers (illegal immigrants). Individual members can have their own "opinions/biases", but NO individual member can speak on behalf of Immigration Voice on major issues. As per my understanding, ONLY the IV Core team/Board members as a WHOLE can make such decisions.
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desi3933
08-26 02:32 PM
She can work for any company she wants... her EAD is not limited to any job/profession... So she can work for Company B or C or D
PS - My wife works for company B using AP/EAD that came as a result of my I485 done by my employer. So she should enter on AP and use EAD to work. No issues. She can always have the H1 in her back pocket for back up... I would consult a lawyer if I were you before using the H1...
She can not get an H4 though... thats seen as abandoning your AOS status...
Hope this helps...
>> She can not get an H4 though... thats seen as abandoning your AOS status...
Totally Incorrect.
________________
Not a legal advise.
PS - My wife works for company B using AP/EAD that came as a result of my I485 done by my employer. So she should enter on AP and use EAD to work. No issues. She can always have the H1 in her back pocket for back up... I would consult a lawyer if I were you before using the H1...
She can not get an H4 though... thats seen as abandoning your AOS status...
Hope this helps...
>> She can not get an H4 though... thats seen as abandoning your AOS status...
Totally Incorrect.
________________
Not a legal advise.
more...
house Osama Bin Laden and Tupac
nirdlalegcade
02-26 11:50 AM
The above said is correct only if you have an approved AP with you.
But I have only my H4 visa. I can go out of US with the H4 right?
But I have only my H4 visa. I can go out of US with the H4 right?
tattoo The killing of Osama bin Laden. Intel chair: Qaeda dead set on U.S. attacks
Juan28210
11-03 03:59 PM
Hi,
I'm on H1b visa. My employer refuses to pay for my medical insurance. Does anyone know if this is legal?
Thanks.
I'm on H1b visa. My employer refuses to pay for my medical insurance. Does anyone know if this is legal?
Thanks.
more...
pictures Ayman al-Zawahiri named al Qaeda leader Osama bin Laden#39;s right hand man,
vallabhu
09-16 02:59 PM
Done
dresses death of Osama bin Laden
iman.karta
11-06 01:31 PM
Whats up, guys!
FYI:
My employer got a letter today stating that my form ETA9089 has been certified. Finally, after about 13 months waiting.
I got audited on November 2007. I filed the petition on October 2007.
Good luck with all of you guys.
Thanks for the supports!
FYI:
My employer got a letter today stating that my form ETA9089 has been certified. Finally, after about 13 months waiting.
I got audited on November 2007. I filed the petition on October 2007.
Good luck with all of you guys.
Thanks for the supports!
more...
makeup Osama Bin Laden is Back (Rick
santb1975
02-16 12:27 AM
^^
girlfriend Osama Bin Laden Issues New
flexi
04-04 01:55 PM
... for your help! Now, what do you guys think about getting paid until the end of June by the 1st employer (but at the same time starting to work inofficially i.e. observing only for the 2nd employer) and then going back to work for a couple of weeks for the 1st employer but staring to get paid by the 2nd so that it's fair for both? Would that be legal? If not, there really isn't a good way to deal with this since the new H1Bs are valid not before Oct (if i'd apply for 2 H1Bs), right? I obviously don't want to jeopardize my visa to make my old employer happy so don't want to do anything that's not completely OK in that regard....
In regards to the timing of a petition for a transfer (leaving all the other stuff above aside for a moment), let's say i'd like to start at the new employer 1st of July - to be on the safe side I should get a lawyer, plan a week for them to get the petition ready and then i'd have to wait a couple weeks for the receipt notice (which then allows me to work for the new employer, correct?) - so that would make it 3 weeks?
Thanks again!
PS: more complicated now???
PPS: germany.... not india.... but would love to go there on the way back :cool:
In regards to the timing of a petition for a transfer (leaving all the other stuff above aside for a moment), let's say i'd like to start at the new employer 1st of July - to be on the safe side I should get a lawyer, plan a week for them to get the petition ready and then i'd have to wait a couple weeks for the receipt notice (which then allows me to work for the new employer, correct?) - so that would make it 3 weeks?
Thanks again!
PS: more complicated now???
PPS: germany.... not india.... but would love to go there on the way back :cool:
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paskal
12-21 04:36 PM
/\/\/\/\/\/\
coolman
07-01 11:40 AM
My daughter is in college and I was wondering if there is any chance of getting a FAFSA loan for her with I-485 application applied in July 2007.
Thanks
Thanks
Becks
03-22 07:09 PM
You should be ok to re-enter when you have a valid AP (and valid visa/EAD if they ask) even though if you changed the jobs. I think it is risky though. We never know when will the rules change so its safe to file AC21. I did file AC21 but they never opened my AC21 file. They sent an RFE to my old employer(internal attorney) for employer letter after 1year of filing AC21. I had couple of LUDs so I thought they were for AC21 but not really. So strange things may happen. Some officers at port of entry may be too curious about these issues though if you have valid APs. They shouldnot deny the entry but you may have to go through the waiting. So my suggestion is do not delay AC21.
All,
I have filled I-485 in 2007, PD is June 2006, EB2. I went to India and came back using my AP on 07/16/2008. I was working for the same company when I came back. I have changed my employer in April, and haven't filled for AC21 yet.
Can you please help me with following question?
My Question is: Will it be Okay to travel using Advance Parole after changing employer and not filled AC21? If anyone traveled like this, Can you please let me know what documents do I need to take with me?
All,
I have filled I-485 in 2007, PD is June 2006, EB2. I went to India and came back using my AP on 07/16/2008. I was working for the same company when I came back. I have changed my employer in April, and haven't filled for AC21 yet.
Can you please help me with following question?
My Question is: Will it be Okay to travel using Advance Parole after changing employer and not filled AC21? If anyone traveled like this, Can you please let me know what documents do I need to take with me?
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