paskal
12-11 06:32 PM
bumping up the thread!
saw a post from a mn member and i guess this thread needs visibility!
thanks for the invitation to the IL call, i am in Fl this week and probably can't be on, hopefully others will be participating and will update us all
saw a post from a mn member and i guess this thread needs visibility!
thanks for the invitation to the IL call, i am in Fl this week and probably can't be on, hopefully others will be participating and will update us all
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gc_chahiye
08-29 05:10 AM
Eligible for 3 years if I140 is approved and you can't file I485 because of retrogression. But you said , you had already filed I485. I doubt you are eligible for 3 year extension.
thats not how USCIS interprets this (see the FAQ they released recently). They will give you a 3 year extension if 485 cannot be APPROVED because PD is not current, not only in the case where 485 cannot be FILED.
The wording of AC21 is a bit vague (3 year extension eligibility once 485 is filed) but USCIS interpretation has been clear until now in what they have been doing, and with the FAQ they even put it in print!
thats not how USCIS interprets this (see the FAQ they released recently). They will give you a 3 year extension if 485 cannot be APPROVED because PD is not current, not only in the case where 485 cannot be FILED.
The wording of AC21 is a bit vague (3 year extension eligibility once 485 is filed) but USCIS interpretation has been clear until now in what they have been doing, and with the FAQ they even put it in print!
agiyer
02-06 05:31 PM
Hello,
I have a question regarding voluntary work and the legalities when you are on a H4 spouse visa.
A Private company is ready to sponsor a candidate who is currently on H4 visa (spouse visa) for the H1-B visa in April.
But since the H1-B visa will only be given in Oct, can the H4 person work with that Pvt. Company from April to Oct voluntarily without any form of pay in cash or kind till the candidate gets the H1-B in Oct and then continue with that company?
Thanks & Regards,
Anand
I have a question regarding voluntary work and the legalities when you are on a H4 spouse visa.
A Private company is ready to sponsor a candidate who is currently on H4 visa (spouse visa) for the H1-B visa in April.
But since the H1-B visa will only be given in Oct, can the H4 person work with that Pvt. Company from April to Oct voluntarily without any form of pay in cash or kind till the candidate gets the H1-B in Oct and then continue with that company?
Thanks & Regards,
Anand
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Life2Live
07-16 02:40 PM
Today, I spoke to a USCI Agent and his supervisor at NSC about my case..
I quizzed them about July 2007 revised visa bulletin etc.
He looked around, checked it for like 10 minutes and said HE DOESN'T HAVE
ANY MEMO. All he said that he has this MEMO which states that July 2007 (original) bulletin ..based on that EB1-3 for all countries are current.
:-) May be NSC approves application :-) as practically NO ONE can stop them..
Again this is based on my call to actual live human being at NSC..
No wonder why we have not heared any 485 Rejection form NSC... I guess...
I quizzed them about July 2007 revised visa bulletin etc.
He looked around, checked it for like 10 minutes and said HE DOESN'T HAVE
ANY MEMO. All he said that he has this MEMO which states that July 2007 (original) bulletin ..based on that EB1-3 for all countries are current.
:-) May be NSC approves application :-) as practically NO ONE can stop them..
Again this is based on my call to actual live human being at NSC..
No wonder why we have not heared any 485 Rejection form NSC... I guess...
more...
anreddy77
07-09 11:04 PM
I feel there is no better country than India in the long run..believe me!!!
mhathi
06-19 04:43 PM
1. if i want to change my job then do i need to transfer my H1(my spouse's H4) and also need to file AC21?? so when the PD become current at that time this new company has to file for her 485/EAD/AP... is that correct??
It is correct that you need to maintain H1 status until your wife is on H4. If PD becomes current after you change job with H1 transfer, you just file for her 485/ead/ap. The new company does not do anything. 485 does not belong to the company, it belongs to you.
2. i am thinking another option that if she transfer her status from either F1 or H1 then- can i use my EAD for new job and when the PD become current at that time i will be able to add her for 485/EAD/AP from this new company??
Really appreicate your help..
H1, yes, F1 no. F1 is not a dual intent visa. So if she accepts F1 then there will be an issue in then adjusting status to permanent residence. I am not sure about this, maybe someone with more experience/knowledge can confirm/deny.
Hope this helps.
It is correct that you need to maintain H1 status until your wife is on H4. If PD becomes current after you change job with H1 transfer, you just file for her 485/ead/ap. The new company does not do anything. 485 does not belong to the company, it belongs to you.
2. i am thinking another option that if she transfer her status from either F1 or H1 then- can i use my EAD for new job and when the PD become current at that time i will be able to add her for 485/EAD/AP from this new company??
Really appreicate your help..
H1, yes, F1 no. F1 is not a dual intent visa. So if she accepts F1 then there will be an issue in then adjusting status to permanent residence. I am not sure about this, maybe someone with more experience/knowledge can confirm/deny.
Hope this helps.
more...
munshiviral
10-26 01:26 AM
Hi,
I am currently working on EAD and my Priority date is May 2007. I was wondering if I get a job in a US company which allows me to stay in india and work for them on regular employment under inter office transfer, Can i still work on EAD and be aligible for my GC?
Will there be any limit on how long can I work from out side of US, if I can?
is there any other legal formality i should fulfill in order to work for US company from out side of US and continue with my GC Process?
Any help is appriciated,
Thanks,
Mickey
I am currently working on EAD and my Priority date is May 2007. I was wondering if I get a job in a US company which allows me to stay in india and work for them on regular employment under inter office transfer, Can i still work on EAD and be aligible for my GC?
Will there be any limit on how long can I work from out side of US, if I can?
is there any other legal formality i should fulfill in order to work for US company from out side of US and continue with my GC Process?
Any help is appriciated,
Thanks,
Mickey
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sweet_jungle
10-15 07:30 PM
Use the reply from Ombudsman's office and do an inquiry via your local senators office. Also call up central customer service and open a service request. (Get the number and info of the call like the timings and officers name). Finally if you date is current and is not getting picked up for adjudication. File a WOM.
Called up USCIS customer service. SR was not opened as they cannot open SR on wrong info on response letter. Writing letter to service center is the only option.
I sent off another Ombudsman case sheet requesting PD fix.
Called up USCIS customer service. SR was not opened as they cannot open SR on wrong info on response letter. Writing letter to service center is the only option.
I sent off another Ombudsman case sheet requesting PD fix.
more...
msekhargc
06-20 11:57 PM
Hi Gurus,
My labor was approved in July'07 and I-140/485 were applied under EB2 category in Aug'07.
My qualification : Master of Engineering in Civil Engineering and B.Tech in Civil Engineering.
I got the below RFE from CIS :
The submitted ETA 9089 states the preferred position of Computer systems analyst requires a Masters degree in Engineering or related field.
Please submit a new educational evaluation based solely on the beneficiary's education when compared to a degree related to the computer indstry.
An acceptable evaluation must:
1) Consider formal education only, not practical training experience
2) did the applicant complete the U.S equivalant of high school before entering college
3) Provide detailed explanation of material evaluated
4) briefly state the qualifications and experience of the evaluator providing the opinion
The education evaluation I have submitted with I-140 includes my work experience. Please suggest me your ideas/experiences in getting the best education evaluation for my I-140 approval.
Thanks,
Sekhar
My labor was approved in July'07 and I-140/485 were applied under EB2 category in Aug'07.
My qualification : Master of Engineering in Civil Engineering and B.Tech in Civil Engineering.
I got the below RFE from CIS :
The submitted ETA 9089 states the preferred position of Computer systems analyst requires a Masters degree in Engineering or related field.
Please submit a new educational evaluation based solely on the beneficiary's education when compared to a degree related to the computer indstry.
An acceptable evaluation must:
1) Consider formal education only, not practical training experience
2) did the applicant complete the U.S equivalant of high school before entering college
3) Provide detailed explanation of material evaluated
4) briefly state the qualifications and experience of the evaluator providing the opinion
The education evaluation I have submitted with I-140 includes my work experience. Please suggest me your ideas/experiences in getting the best education evaluation for my I-140 approval.
Thanks,
Sekhar
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snhn
11-06 11:55 AM
WEre there any LUD on your case before you all got them.
more...
muthukmk
08-03 07:37 PM
to jambapamba
What would happen if my new EB2 application for some reason gets rejected. In that case will that affect my exisiting EB3 485 application in any way?
What would happen if my new EB2 application for some reason gets rejected. In that case will that affect my exisiting EB3 485 application in any way?
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485Mbe4001
07-11 02:45 PM
i guess its the overflow from other countries, which brings up a good question, why was EB3 ROW made unavailable earlier and the overflow sent to EB2 I ? Lawsuit anyone :confused:
Only they know how they work. As for EB3 -I, the only certainty is that come October EB3 I will revert back to the July PD (i am EB3-I may 02:mad:).
Yes. Its simple math. But if it was 10K visas a year, then why did they have to jump forward by more than 2 yrs? Nobody knows how USCIS works internally. The math that v have and the one that they have differ a lot and unexpected things (for good or bad) happen all the time.
Only they know how they work. As for EB3 -I, the only certainty is that come October EB3 I will revert back to the July PD (i am EB3-I may 02:mad:).
Yes. Its simple math. But if it was 10K visas a year, then why did they have to jump forward by more than 2 yrs? Nobody knows how USCIS works internally. The math that v have and the one that they have differ a lot and unexpected things (for good or bad) happen all the time.
more...
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xela
11-11 10:04 AM
Can any one explain to me why EB3 ROW does not move at all.
There cannot be that many 2002 cases left in that category??????
Just seems strange to me.
There cannot be that many 2002 cases left in that category??????
Just seems strange to me.
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h14life
06-19 03:33 PM
Hi,
I am posting this on my friend's behalf. Here's his situation:
a) He's on H1
b) Applied for 485 / 765 / 131 through his employer.
c) Still on H1; EAD & AP approved.
d) Priority date no longer current for 485
e) He gets married.
f) Wife comes to US on H-4.
g) He's interested in switching jobs so that he can move on to new company and utilize his EAD, but since his wife is here on H4 - she would lose status.
h) Another thing is, she is also interested in working but can't do that on H-4.
Question: Is it possible to add her name as a dependent on his existing 485 & apply for her 765 & 131 (EAD / AP), even if his PD is not current? I've heard that some lawyers can file petition; but they charge hefty amount. But I've also heard that PD needs to be current in order to add his spouse's name as a dependent to 485 / 765 / 131.
Please let me know if it's possible to add the dependent regardless of PD being current or not.
Thanks in advance.
I am posting this on my friend's behalf. Here's his situation:
a) He's on H1
b) Applied for 485 / 765 / 131 through his employer.
c) Still on H1; EAD & AP approved.
d) Priority date no longer current for 485
e) He gets married.
f) Wife comes to US on H-4.
g) He's interested in switching jobs so that he can move on to new company and utilize his EAD, but since his wife is here on H4 - she would lose status.
h) Another thing is, she is also interested in working but can't do that on H-4.
Question: Is it possible to add her name as a dependent on his existing 485 & apply for her 765 & 131 (EAD / AP), even if his PD is not current? I've heard that some lawyers can file petition; but they charge hefty amount. But I've also heard that PD needs to be current in order to add his spouse's name as a dependent to 485 / 765 / 131.
Please let me know if it's possible to add the dependent regardless of PD being current or not.
Thanks in advance.
more...
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mariner5555
05-17 09:32 PM
Hello,Our organization is limited to issues with employment based immigration. your friends case seems like a Family based Case and we do not have the right people to help you with your friends situation.
IV'ans - Please refrain from any suggestions towards this
though I can understand the advice ..I don't understand the reasoning ..an immigrant is an immigrant whether it is family or employment ..I would think that IV should try to increase its reach and not become an exclusive club...
Rique ..as far as I can think ..it is a very personal decision ..so it is difficult to give any advice ..maybe a lawyer can help. ofcourse the final decision would have to be taken by your friend.
IV'ans - Please refrain from any suggestions towards this
though I can understand the advice ..I don't understand the reasoning ..an immigrant is an immigrant whether it is family or employment ..I would think that IV should try to increase its reach and not become an exclusive club...
Rique ..as far as I can think ..it is a very personal decision ..so it is difficult to give any advice ..maybe a lawyer can help. ofcourse the final decision would have to be taken by your friend.
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EndlessWait
06-29 12:07 PM
what is mandatory?.....what happens if a person has to move 6 months after they file I-485.....aint they going to change their address??.....can we use AR-11 to do that?....there is no way I can wait for 4 years at my current place to get my green card in hand.....would appreciate any suggestions
dude..what is so difficult about understanding this..ur stressing urself out too much... just keep using ar-11 everytime u change address..
dude..what is so difficult about understanding this..ur stressing urself out too much... just keep using ar-11 everytime u change address..
more...
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bekugc
07-18 01:56 PM
hello,
MY Opinion!!
since u have used substitute labor, id guess that the Priority date of labor is pretty old (hopeing 2000-2002 range).
if ur PD is old, then rushing for 485 doesnt make sense. Rushing now is for those whose PD is 2005/2006, its their only chance before dates retrogress again. if u have OLD PD, then pretty soon, ur date will become current again, and when ur 140 comes thro u switch job & can apply for 485.
1. Anyway, resigning ur existing job and applying 485 with new company is not much beneficial. u cant use AC21 untill ur i140 is approved, anyway u have to stick at one place till ur eligible for AC21. if i were u , given a choice, id stay with a known demon (rather than unknown angel)
2. if ur substitute's labors 140 gets cleared..then switch to new company...apply 485 and in 180 days , ull be eligible for AC21, if relationship with new employer gets sour use AC21 and move on.
3. u still have 2.5 yrs on H1..this is a +ve point on ur side to take RISK of switching employer now. Id do this only if the PAY in new empoyer is so much high than existing, so that its WORTH taking the risk.
since its substitute labor, ur 140 cant be premium processes. as per previous experiences , if ur nebraska, 140 mite take 9-12 months , texas its little faster. so even after 1 yr,,if ur substitution Failed, u still have 1.5 yrs on H1, enuf time to switch H-1 job, get/apply for perm and get 6+ yrs extension.
Your lucky that new employer applied for 140 without expecting u to get on the payroll. if i were you, id thank God for that, and wait till 140 gets cleared before joining new job.
:-)
MY Opinion!!
since u have used substitute labor, id guess that the Priority date of labor is pretty old (hopeing 2000-2002 range).
if ur PD is old, then rushing for 485 doesnt make sense. Rushing now is for those whose PD is 2005/2006, its their only chance before dates retrogress again. if u have OLD PD, then pretty soon, ur date will become current again, and when ur 140 comes thro u switch job & can apply for 485.
1. Anyway, resigning ur existing job and applying 485 with new company is not much beneficial. u cant use AC21 untill ur i140 is approved, anyway u have to stick at one place till ur eligible for AC21. if i were u , given a choice, id stay with a known demon (rather than unknown angel)
2. if ur substitute's labors 140 gets cleared..then switch to new company...apply 485 and in 180 days , ull be eligible for AC21, if relationship with new employer gets sour use AC21 and move on.
3. u still have 2.5 yrs on H1..this is a +ve point on ur side to take RISK of switching employer now. Id do this only if the PAY in new empoyer is so much high than existing, so that its WORTH taking the risk.
since its substitute labor, ur 140 cant be premium processes. as per previous experiences , if ur nebraska, 140 mite take 9-12 months , texas its little faster. so even after 1 yr,,if ur substitution Failed, u still have 1.5 yrs on H1, enuf time to switch H-1 job, get/apply for perm and get 6+ yrs extension.
Your lucky that new employer applied for 140 without expecting u to get on the payroll. if i were you, id thank God for that, and wait till 140 gets cleared before joining new job.
:-)
girlfriend HELLO MY BROTHERS AND SISTERS
st4rguitar
04-06 01:46 PM
I filed my LC on June 06. The Certification was denied on Feb 07, I filed an appeal right away, and I have not heard anything. I called the DOL so many time and they gave me the same response: "Your case is in process, we work on first in, first out, and we do not expedited cases, we don't have a frame time" That is not a concrete answer.
There is any body that faced a similar situation, Please advised�. what to do!!!!
Thank u.
First of all if you are the employee for whom the case has been filed, you should NOT be contacting the Dept. of Labor. The purpose of the DOL as stated in the regs is to notify the USCIS that there are no able, willing, or qualified US workers for the position, and that's why they are granting you the position. If you call, especially over and over as you have indicated, that's a big red flag. Leave it alone and let your attorney or employer contact them.
As bluntly as Endless put it, he is correct in what he's saying. You should not be contacting them.
There is any body that faced a similar situation, Please advised�. what to do!!!!
Thank u.
First of all if you are the employee for whom the case has been filed, you should NOT be contacting the Dept. of Labor. The purpose of the DOL as stated in the regs is to notify the USCIS that there are no able, willing, or qualified US workers for the position, and that's why they are granting you the position. If you call, especially over and over as you have indicated, that's a big red flag. Leave it alone and let your attorney or employer contact them.
As bluntly as Endless put it, he is correct in what he's saying. You should not be contacting them.
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anai
05-31 03:49 PM
14. S.1397 : A bill to increase the allocation of visas for certain highly skilled workers and to reduce fraud and abuse in certain visa programs for aliens working temporarily in the United States.
Sponsor: Sen Lieberman, Joseph I. [CT] (introduced 5/15/2007)
Committees: Senate Judiciary
Latest Major Action: 5/15/2007 Referred to Senate committee.
Status: Read twice and referred to the Committee on the Judiciary.
.
.
.
Looks great. So how does it go with this amendment? Has it been ordered to lie on the table or sit up straight in a chair?
Sponsor: Sen Lieberman, Joseph I. [CT] (introduced 5/15/2007)
Committees: Senate Judiciary
Latest Major Action: 5/15/2007 Referred to Senate committee.
Status: Read twice and referred to the Committee on the Judiciary.
.
.
.
Looks great. So how does it go with this amendment? Has it been ordered to lie on the table or sit up straight in a chair?
EBGreenCard
07-16 12:01 PM
I personally think it�s true specially for FB AOS applicants where no intermediate step like EAD and AP between visitor�s visa and final approval. It may also be true for EB AOS applicants where EAD hasn�t been issued and H1 extension hasn�t filled.
gc_chahiye
08-26 12:55 PM
Hi everyone:
I'd appreciate if someone could give me an advice here. I am currently on the 6th year of H1B. It is expiring on Jan 31, 2008. Technically I will need a 7th year extension. My Labor Certification for Green Card (EB2, PD: Dec, 2002) was approved back in July, 07 and I filed I-140 and I-485 concurrently in the end of July. So far I have not received a receipt or anything back from them.
What shall I do in this situation -- can I apply for H1B extension now? Any advice will be appreciated.
you can get a one year H1 extension based on your LC being more than an year old. Just include the copy of your approved LC in the H1B extension request.
If your I-140 is denied, the current USCIS position is that your H1 extension would remain valid for the period it was granted for, giving to time to file another LC. The 485 is automatically gone at the point where your I-140 is denied.
I'd appreciate if someone could give me an advice here. I am currently on the 6th year of H1B. It is expiring on Jan 31, 2008. Technically I will need a 7th year extension. My Labor Certification for Green Card (EB2, PD: Dec, 2002) was approved back in July, 07 and I filed I-140 and I-485 concurrently in the end of July. So far I have not received a receipt or anything back from them.
What shall I do in this situation -- can I apply for H1B extension now? Any advice will be appreciated.
you can get a one year H1 extension based on your LC being more than an year old. Just include the copy of your approved LC in the H1B extension request.
If your I-140 is denied, the current USCIS position is that your H1 extension would remain valid for the period it was granted for, giving to time to file another LC. The 485 is automatically gone at the point where your I-140 is denied.
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