gcwanted101
09-01 03:35 PM
Google G639 (http://www.uscis.gov/files/form/g-639.pdf) form for the pdf version. Here, it's already done. Just click on the link it will take you to the form you need to request the information. Fill it completely in as much details as possible and then get it notarized for your signature at a bank. Once notarized, mail the form out to the address shown on the form.
My personal experience:
I followed the exact procedure as explained above and it took me 3 months to get everything i requested as a pdf document files on a CD instead of paper copies. It depends upon how many requests they have in the pipeline. 3 months is not bad i think. Good luck for your request.
Hey harrydr, Thanks for the information.
I know about G639 form though.
I just wanted clarify that USCIS do provide copy of approved 140 even if there is no 485 application associated with it.
Because what I have hears was “140 is employer petition USCIS never going to provide it to employee”.
But thanks a lot harrydr.
My personal experience:
I followed the exact procedure as explained above and it took me 3 months to get everything i requested as a pdf document files on a CD instead of paper copies. It depends upon how many requests they have in the pipeline. 3 months is not bad i think. Good luck for your request.
Hey harrydr, Thanks for the information.
I know about G639 form though.
I just wanted clarify that USCIS do provide copy of approved 140 even if there is no 485 application associated with it.
Because what I have hears was “140 is employer petition USCIS never going to provide it to employee”.
But thanks a lot harrydr.
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optimystic
03-31 04:13 PM
This isn't correct Ronnie. Your non-immigrant status does determine whether you are a Resident alien or a non-resident alien for tax purposes.
Classic example is that while you are on F1 /OPT you don't have to pay social security and medicare.
I am taking a guess that what Ronnie meant to say was that, Tax filing (whether or not you file jointly) has no implications on your immigration process... which is true.
If you filed 'married filing separately' does not mean that you dont want to support your spouse anymore as a derivative of your I-485 !
Classic example is that while you are on F1 /OPT you don't have to pay social security and medicare.
I am taking a guess that what Ronnie meant to say was that, Tax filing (whether or not you file jointly) has no implications on your immigration process... which is true.
If you filed 'married filing separately' does not mean that you dont want to support your spouse anymore as a derivative of your I-485 !
HRPRO
02-24 08:41 AM
I am not sure if BS (3 yrs) + MCA is considered to be equivalent to MS or not. But if it is, then you can definitely file for EB2 (MS +0). However, your company will need to have a job that requires these qualifications.
Also, I am not sure why you couldn't use the experience gained with your employer. If the job description is at least 50% different than your EB3 job, you can certainly use the experience gained at your current employer.
I am also planning to file under EB2 using the experience gained with current employer. However, I have been concerned about possible audit. Nonetheless, when I asked the audit question (in a different thread), couple of folks shared their personal experience who had gotten approval (using experience gained at same employer) without any audit.
Has anyone seen a case where someone got audited for using the experience gained with the same employer? I think this will be a useful information for several others as well...
Sorry Bostongc
I am certain you cannot count expeience gained from your current employer even if you are applying for another position. All attorneys are aware of this and will advice you not to do.
Sorry for not being able to give an answer in the affirmative but that is the fact.
Also, I am not sure why you couldn't use the experience gained with your employer. If the job description is at least 50% different than your EB3 job, you can certainly use the experience gained at your current employer.
I am also planning to file under EB2 using the experience gained with current employer. However, I have been concerned about possible audit. Nonetheless, when I asked the audit question (in a different thread), couple of folks shared their personal experience who had gotten approval (using experience gained at same employer) without any audit.
Has anyone seen a case where someone got audited for using the experience gained with the same employer? I think this will be a useful information for several others as well...
Sorry Bostongc
I am certain you cannot count expeience gained from your current employer even if you are applying for another position. All attorneys are aware of this and will advice you not to do.
Sorry for not being able to give an answer in the affirmative but that is the fact.
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pappu
09-14 03:51 PM
call 732-297-9886 and ask questions
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wellwishergc
01-03 08:28 AM
Contributed 20$ this month; will be making a monthly contribution of 20$ until the SKIL Bill or CIR bill is passed
My contribution is on way too.
Confirmation no:5YP659022V963134M
My contribution is on way too.
Confirmation no:5YP659022V963134M
ram04
02-03 06:14 PM
Infopass confirmed approved and I got it by mail after 30 days.
After on line status change it is 14 days.
After on line status change it is 14 days.
more...
gc28262
07-01 05:55 PM
Here is a good link on non-compete clause. From what I heard, these clauses cannot be enforced in most of the cases.
http://en.wikipedia.org/wiki/Non-compete_agreement
I signed one last week knowing that it does not have much validity.
In doubt check with an attorney.
Hi All,
I had a previous empoyer A > Then a Prefered Vendor B > Then a Client C.
Now I have transferred my H1 to a Preferred Vendor X & Still working on same project with the Client C, but with a different contract all togeather.
Preferred Vendor X > the Client C
Now the issues is , my previous employeer A is harassing me ( Vendor B is having no problems) , asking for money or filing a legal case agaist me,as I have signed a non-compete agreement with them. Can he do so ?? what can be the worst consequences?
http://en.wikipedia.org/wiki/Non-compete_agreement
I signed one last week knowing that it does not have much validity.
In doubt check with an attorney.
Hi All,
I had a previous empoyer A > Then a Prefered Vendor B > Then a Client C.
Now I have transferred my H1 to a Preferred Vendor X & Still working on same project with the Client C, but with a different contract all togeather.
Preferred Vendor X > the Client C
Now the issues is , my previous employeer A is harassing me ( Vendor B is having no problems) , asking for money or filing a legal case agaist me,as I have signed a non-compete agreement with them. Can he do so ?? what can be the worst consequences?
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nozerd
09-07 09:34 AM
Just to clarify I will not be working in US at all. I will only work in Canada and getting paid in Canada. I will only come to US for personal reasons (meeting fly etc) not work. Can I use the H1 stamp to enter under those circumstances.
more...
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09-05 09:36 PM
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09-14 02:12 PM
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kishdam
02-06 03:28 PM
Hi,
What is legally considered as "Permanent Residency approval date" - is it the approval of I485/getting greencard or is it the approval of I140. Sometimes the I140 referred to as an immigrant petition. As we know the process is once this immigrant petition (I14) is approved we apply for adjustment of status as a permanent resident thru II485 - so legally - can we consider that until I485 is not approved, our permanent residence applicaiton is pending?
This is to interpret a reimburse agreement I signed (bad thing to do - but I was naive then and signed a very vague repayment statement). But somewhat good thing is the agreement talks about staying for 2 years "after" the permanent residence is approved. If things get bad - I am hoping that this language might save me. Any thoughts?
- kd
What is legally considered as "Permanent Residency approval date" - is it the approval of I485/getting greencard or is it the approval of I140. Sometimes the I140 referred to as an immigrant petition. As we know the process is once this immigrant petition (I14) is approved we apply for adjustment of status as a permanent resident thru II485 - so legally - can we consider that until I485 is not approved, our permanent residence applicaiton is pending?
This is to interpret a reimburse agreement I signed (bad thing to do - but I was naive then and signed a very vague repayment statement). But somewhat good thing is the agreement talks about staying for 2 years "after" the permanent residence is approved. If things get bad - I am hoping that this language might save me. Any thoughts?
- kd
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shahsahil
04-17 12:31 AM
Hi
I am new to this group. I have a question regarding my PERM case.
MY PERM case is pending in DOL from last 10 months. I find this very
unusual.
Anybody heard about such a long pending case?
Are there any suggestion for following up on my PERM case?
Any advise will be useful.
Thanks
-Sahil.
I am new to this group. I have a question regarding my PERM case.
MY PERM case is pending in DOL from last 10 months. I find this very
unusual.
Anybody heard about such a long pending case?
Are there any suggestion for following up on my PERM case?
Any advise will be useful.
Thanks
-Sahil.
more...
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MYGC2008
03-18 01:04 PM
You left your EX-EMPLOYER in May 2008 and also transfered your H1B to NEW Company.
So tell me what is remaining beteween you and your ex-empoyer???
So he cancelled your H1B and also your I-140 later.
Also Why you did not work with ex-employer after getting a project? You knew that your I-140 was pending right?
So tell me what is remaining beteween you and your ex-empoyer???
So he cancelled your H1B and also your I-140 later.
Also Why you did not work with ex-employer after getting a project? You knew that your I-140 was pending right?
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paskal
10-26 03:11 PM
Can you talk in english please?
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Ann Ruben
06-26 09:48 AM
the answer you got is correct. you can sign as the child's father. I agree that the law is inhumane, but sadly it is the law. The baby's young age alone will not suffice as a basis for Humanitarian Parole. Again, I urge you to consult with an experienced lawyer before proceeding.
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11-30 11:39 AM
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pointlesswait
02-13 06:55 PM
vote por favor, for IV ;-)
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03-06 06:07 PM
I will email the scans, as soon as I get home
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ivar
03-31 05:16 PM
Hi All,
I had H1B of Company A. This H1B expires in this September 2009. In May 2008, I got a good offer from Company B, and they applied for "Transfer of my H1B". Since June 4th 2008, I started working for Company B with the receipt in Hand. Since From June 3rd 2008, till Feb 2009, my case was in pending status. On Feb 13th 2009, USCIS did put RFE for some documents about Company B. During that period, I had emergency to travel to India, so I did go to India for 3 weeks, returned back on March 12th with old employer (Company A's) VISA only, as it is still valid till sept 2009 & more over my case of transfering visa to Company B is still on Pending status. After I returned back, Company B did reply to RFE & I got a email from USCIS saying that they have received it on March 23rd 2009. On March 30th I received one more email from USCIS, saying that my H1B transfer is denied & the denial notice will have the reason as well as options for you. Still I am yet to receive the denial notice.
With these things on board I have following questions
Am I out of status?
Company A visa is valid till september 2009, so can I go back to Company A?
If Yes, then if I go back to Company A, can I apply for Extension from them freshly with premium processing or something
What is the chances that Company B appeal for the denial and get it stamped in these situation?
What are my other options?
Please do suggest me, as I believe as soon as I receive the notice formally to company B, I need to seize working and I will out of status with immediate effect. The time I have is to adjust things is between today & the day I receive the denial notice...
From your post it seems your H1b transfer was denied and not H1b extension, i think you should correct the title.
If you go to company A then you will have to file H1b transfer again with company A. I think you can file an appeal in the meain time continue working for company B for 240 days (I am not sure of this but confirm with IV gurus or attorney).
I had H1B of Company A. This H1B expires in this September 2009. In May 2008, I got a good offer from Company B, and they applied for "Transfer of my H1B". Since June 4th 2008, I started working for Company B with the receipt in Hand. Since From June 3rd 2008, till Feb 2009, my case was in pending status. On Feb 13th 2009, USCIS did put RFE for some documents about Company B. During that period, I had emergency to travel to India, so I did go to India for 3 weeks, returned back on March 12th with old employer (Company A's) VISA only, as it is still valid till sept 2009 & more over my case of transfering visa to Company B is still on Pending status. After I returned back, Company B did reply to RFE & I got a email from USCIS saying that they have received it on March 23rd 2009. On March 30th I received one more email from USCIS, saying that my H1B transfer is denied & the denial notice will have the reason as well as options for you. Still I am yet to receive the denial notice.
With these things on board I have following questions
Am I out of status?
Company A visa is valid till september 2009, so can I go back to Company A?
If Yes, then if I go back to Company A, can I apply for Extension from them freshly with premium processing or something
What is the chances that Company B appeal for the denial and get it stamped in these situation?
What are my other options?
Please do suggest me, as I believe as soon as I receive the notice formally to company B, I need to seize working and I will out of status with immediate effect. The time I have is to adjust things is between today & the day I receive the denial notice...
From your post it seems your H1b transfer was denied and not H1b extension, i think you should correct the title.
If you go to company A then you will have to file H1b transfer again with company A. I think you can file an appeal in the meain time continue working for company B for 240 days (I am not sure of this but confirm with IV gurus or attorney).
amsgc
03-31 02:53 PM
I have a somewat similar situation, here goes:
Myself: "Resident Alien for Tax purposes" for 2007.
My wife: Before we got married last year, she was on J1 (> 6 months)
Therefore, that time does not count towards calculating presence in the US for tax purposes. This implies she is a "Non Resident Alien for Tax purposes" for 2007.
The 1040 instructions (http://www.irs.gov/pub/irs-pdf/i1040gi.pdf) state that you cannot file as "Married filing Jointly" if either spouse is a "Non Resident Alien" for tax purposes, UNLESS the other spouse is a citizen or a permanent resident. (Page 13).
My thought is that I will have to go with "Married, filing separately". Since my wife did not have any income, I may be able to take a deduction for my spouse(Page 14), if she doesn't file her taxes.
You are correct that if you file jointly, the difference is quite a bit - but I am not sure what else one can do.
If others have dealt with a similar situation, please advise.
Thanks.
Ams
Can we file taxes seperately on married status?
I mean, my CPA did estimates seperately and we found substantial difference...
Is there any problem in we filing seperately as we r into 485 peding stuff?...
From an Immigration perspective, what are the ramifications when 'Married and filing Jointly' versus 'Married and filing seperately'.
First of all, are they related?
Myself: "Resident Alien for Tax purposes" for 2007.
My wife: Before we got married last year, she was on J1 (> 6 months)
Therefore, that time does not count towards calculating presence in the US for tax purposes. This implies she is a "Non Resident Alien for Tax purposes" for 2007.
The 1040 instructions (http://www.irs.gov/pub/irs-pdf/i1040gi.pdf) state that you cannot file as "Married filing Jointly" if either spouse is a "Non Resident Alien" for tax purposes, UNLESS the other spouse is a citizen or a permanent resident. (Page 13).
My thought is that I will have to go with "Married, filing separately". Since my wife did not have any income, I may be able to take a deduction for my spouse(Page 14), if she doesn't file her taxes.
You are correct that if you file jointly, the difference is quite a bit - but I am not sure what else one can do.
If others have dealt with a similar situation, please advise.
Thanks.
Ams
Can we file taxes seperately on married status?
I mean, my CPA did estimates seperately and we found substantial difference...
Is there any problem in we filing seperately as we r into 485 peding stuff?...
From an Immigration perspective, what are the ramifications when 'Married and filing Jointly' versus 'Married and filing seperately'.
First of all, are they related?
transpass
07-16 10:19 AM
I checked with the lawyer's office regarding levels I, II, II and IV on labor certification...The thing that determines EB2 and EB3 is what is written on the approved I-140.
For example, if it says 'Mem of Profession w/Adv Deg, or Exceptional ability Sec 203 (b) (2)' it is EB2. So it's what's checked in when u file your 140, and what it is approved for.
As far as levels I, II, III and IV are concerned, it does not matter regarding adjudication. The thing that only matters is either EB2 or EB3 (which is based on 140 approval as mentioned above) for Indians and Chinese in this case...
For example, if it says 'Mem of Profession w/Adv Deg, or Exceptional ability Sec 203 (b) (2)' it is EB2. So it's what's checked in when u file your 140, and what it is approved for.
As far as levels I, II, III and IV are concerned, it does not matter regarding adjudication. The thing that only matters is either EB2 or EB3 (which is based on 140 approval as mentioned above) for Indians and Chinese in this case...
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