gveerab
12-29 08:38 PM
3 year h1 extension requires I140 to be approved plus non-current priority dates. You can get a copy of the approval from your attorney
You should try this option, in one of the immigration lawyer's forum they mentioned about this. If you have this you can get 3 yrs extension, that saves lot of moeny and time. It's worth exploring this option. Please share with us, if you are able to succed with this option.
u can use G-639 i.e. FOIA (DOJ) to get a copy of the approved I-140, Labor.etc. I do not know of anyone thats used a I-824.....cos sometimes USCIS also mails a copy of I-140 to the lawyer as well!
You should try this option, in one of the immigration lawyer's forum they mentioned about this. If you have this you can get 3 yrs extension, that saves lot of moeny and time. It's worth exploring this option. Please share with us, if you are able to succed with this option.
u can use G-639 i.e. FOIA (DOJ) to get a copy of the approved I-140, Labor.etc. I do not know of anyone thats used a I-824.....cos sometimes USCIS also mails a copy of I-140 to the lawyer as well!
grajesh2000
05-02 10:32 AM
Count me in
shana04
05-17 06:27 PM
You should have a I-94 when she came back here in the US. Did she misplace it? The I-94 when she came back should be enough for the RFE. The old ones don't matter for I-485.
She has the second I-94.
I am submitting that, but the RFE said to submit all the documents proving the status from entry till the time we have submitted our I 485 documents
As per your comments, second I-94 is good enough, if that is the case. we are cool, but I would confirm that with attorney and post the details here. so that it would be helpful for others.
Thanks for your reply.
Shana
She has the second I-94.
I am submitting that, but the RFE said to submit all the documents proving the status from entry till the time we have submitted our I 485 documents
As per your comments, second I-94 is good enough, if that is the case. we are cool, but I would confirm that with attorney and post the details here. so that it would be helpful for others.
Thanks for your reply.
Shana
jonty_11
08-13 06:13 PM
BE FIRST TO GET A FREE TICKET TO HAWAI...........
What an innovative name for a thread to attract attention..............
What an innovative name for a thread to attract attention..............
more...
sapota
10-18 05:49 PM
DOS & USCIS will have all data entered into their systems once they receipt all these 320k cases. Using past USCIS processing speed as another input, DOS should be able to issue accurate EB cut-off dates in all categories.
One can only really hope that they do this more accurately atleast by next bulletin & move forward cut-off dates.
In absence of any legislative changes so far, the EB community should really push for processing efficiencies more. (So far looks like atleast no visa numbers were wasted in FY 2007)
One can only really hope that they do this more accurately atleast by next bulletin & move forward cut-off dates.
In absence of any legislative changes so far, the EB community should really push for processing efficiencies more. (So far looks like atleast no visa numbers were wasted in FY 2007)
KbK
04-09 11:50 PM
Hi friends
I am sure lot of applicants are hold up in labor certification at Backlog Processing Centers. The implication of this delay are; even if the current bill is passed and all the provisions in the current bill are implemented, still it will be of NO USE to the applicants who are awaiting labor certification.
The other option is to apply through PERM and try to get certification quickly. But the catch here is, if the PERM application is approved then the original labor application is cancelled and priority date would become 2006. For example, if someone's application is pending since year 2002 and now if that person applies through PERM and if it gets approved within three months then that person would loose the priority date of 2002 and will have a priority date of 2006. If the green card numbers are not current then it would be a big disadvantage.
On the other hand if someone had applied through PERM in 2004 and his/her labor is approved then, with this new proposed bill, there is a good chance that he/she might get green card immediately because priority dates would have moved up to 2004. The reason I think this is a possibility is because, the quota numbers are going to increase substantially and BPC is very slow in approving labor certification. Hence there is a good chance that priority dates would move up fast.
If this happens then people who had applied earlier and waited for such a long time, will be at very big disadvantage.
I propose that we should request for change in law to allow existing applicants to apply through PERM and keep the old priority dates even after the application is approved.
This will not only help all of us but also help the authorities; as it would reduce the work load on BPC.
Friends at the end, may I request you to please send your thoughts on this?
Thanks
I am sure lot of applicants are hold up in labor certification at Backlog Processing Centers. The implication of this delay are; even if the current bill is passed and all the provisions in the current bill are implemented, still it will be of NO USE to the applicants who are awaiting labor certification.
The other option is to apply through PERM and try to get certification quickly. But the catch here is, if the PERM application is approved then the original labor application is cancelled and priority date would become 2006. For example, if someone's application is pending since year 2002 and now if that person applies through PERM and if it gets approved within three months then that person would loose the priority date of 2002 and will have a priority date of 2006. If the green card numbers are not current then it would be a big disadvantage.
On the other hand if someone had applied through PERM in 2004 and his/her labor is approved then, with this new proposed bill, there is a good chance that he/she might get green card immediately because priority dates would have moved up to 2004. The reason I think this is a possibility is because, the quota numbers are going to increase substantially and BPC is very slow in approving labor certification. Hence there is a good chance that priority dates would move up fast.
If this happens then people who had applied earlier and waited for such a long time, will be at very big disadvantage.
I propose that we should request for change in law to allow existing applicants to apply through PERM and keep the old priority dates even after the application is approved.
This will not only help all of us but also help the authorities; as it would reduce the work load on BPC.
Friends at the end, may I request you to please send your thoughts on this?
Thanks
more...
harrydr
10-05 10:49 AM
This is really what Obama's advisors should read. Employers cannot find qualified employees to even fill these great job openings (with unemployment rate nearing 10%). America is loosing already and will keep on loosing if immigrant workers do not take up these jobs to keep US competitive.
Even as layoffs persist, some good jobs go begging - Yahoo! News (http://news.yahoo.com/s/ap/20091004/ap_on_bi_ge/us_good_jobs_unfilled)
Even as layoffs persist, some good jobs go begging - Yahoo! News (http://news.yahoo.com/s/ap/20091004/ap_on_bi_ge/us_good_jobs_unfilled)
forgerator
02-22 01:55 PM
I am trying to port from EB3-EB2 from the same employer.
Prior to joining the employer, I had MS+2 years of experience. However, the lawyer applied in EB3. The job description read:
Required: BS+3
MS+1 also accepted
Experience in technologies A,B,C,D
I applied based on my MS+1 experience. Now the same company has another position with a very similar job description with a different title.
Required:MS+1
Experience in technologies A,B,C,D
Q1. Would this qualify for a EB2 position? Do I have to worry about the job descriptions being almost similar
Q2. The titles are different. But the EB2 position doesn't have "Senior" in the position title. Is there a need to worry?
Any replies are really appreciated.
isthereawayout, you and I are in exactly the same situation.
In my case , back in 2007, I was filed under EB3 for a Software Developer position, even though I had MS + 2yr exp. However the job was such that it required Bachelor + 2yr so it was filed under EB3.
Last year, I got promoted to Senior Software Developer. Employer is filing me under EB2 this time, and will use same experience as the one from EB3 , i.e. MS + 2 yr exp. However this time the job is such that it requires Bachelor + 5 yr.
The only difference I believe is the Job description of the posting itself. In that, they have requested experience in technologies which are different from the ones listed in my EB3 job description.
Hope that answers your question.
Prior to joining the employer, I had MS+2 years of experience. However, the lawyer applied in EB3. The job description read:
Required: BS+3
MS+1 also accepted
Experience in technologies A,B,C,D
I applied based on my MS+1 experience. Now the same company has another position with a very similar job description with a different title.
Required:MS+1
Experience in technologies A,B,C,D
Q1. Would this qualify for a EB2 position? Do I have to worry about the job descriptions being almost similar
Q2. The titles are different. But the EB2 position doesn't have "Senior" in the position title. Is there a need to worry?
Any replies are really appreciated.
isthereawayout, you and I are in exactly the same situation.
In my case , back in 2007, I was filed under EB3 for a Software Developer position, even though I had MS + 2yr exp. However the job was such that it required Bachelor + 2yr so it was filed under EB3.
Last year, I got promoted to Senior Software Developer. Employer is filing me under EB2 this time, and will use same experience as the one from EB3 , i.e. MS + 2 yr exp. However this time the job is such that it requires Bachelor + 5 yr.
The only difference I believe is the Job description of the posting itself. In that, they have requested experience in technologies which are different from the ones listed in my EB3 job description.
Hope that answers your question.
more...
GCFROMOHIO
01-12 12:12 AM
Please refrain from claiming any unemployment benefits while on EAD and 485 pending.
Urgent Help Needed!!!!!! IO with State Police at home today morning. (http://www..com/usa-discussion-forums/i485-eb/237011787/urgent-help-needed-io-with-state-police-at-home-today-morning)
Thanks
Urgent Help Needed!!!!!! IO with State Police at home today morning. (http://www..com/usa-discussion-forums/i485-eb/237011787/urgent-help-needed-io-with-state-police-at-home-today-morning)
Thanks
BECsufferer
10-02 01:17 PM
Literally, windsor(Canada) and Detroit (USA) are seperated by river, so keeping GC and PR is like riding in two boats ... not possible. While Canadians are liberal in allowing their immigrants to travel daily into US to conduct their jobs ( that brings easy tax $$), it would be inconvienent to track daily movements out of country for GC. Remember at US citizenship, you will be asked to provide detailed log of trvels outside the country. So trip to Windsor is technically outside the country.
I had Canadian PR and am giving it up, because I finally got GC. With GCI can trvel freely into Canada. Plus even before Canadian PR, I never lived in Canada nor do I plan to in future. So why bother.
I had Canadian PR and am giving it up, because I finally got GC. With GCI can trvel freely into Canada. Plus even before Canadian PR, I never lived in Canada nor do I plan to in future. So why bother.
more...
jkays94
05-30 11:14 PM
My PD is Sept 2005 and EB3 India. With the new company I can file EB2. What will be your recommendation?
I'm not an attorney and with that necessary disclaimer out of the way in regards to not offering legal advice: The danger here is in the details of the bill. Say you move to the new company and you file your LC. And the bill passes, the problem you will face is that your I-140 will have been filed well after the date of introduction of the bill and you would have to go through the proposed merit system. Unless some miracle happens and you get the GC before the bill becomes law, then its a long shot, but life is about risks, if the bill fails then you will have wasted valuable time. I'd suggest you weigh your options carefully and if costs are not an issue, go for it. I'll also urge you to read the IV analysis of the bill which you can find on the home page.
I'm not an attorney and with that necessary disclaimer out of the way in regards to not offering legal advice: The danger here is in the details of the bill. Say you move to the new company and you file your LC. And the bill passes, the problem you will face is that your I-140 will have been filed well after the date of introduction of the bill and you would have to go through the proposed merit system. Unless some miracle happens and you get the GC before the bill becomes law, then its a long shot, but life is about risks, if the bill fails then you will have wasted valuable time. I'd suggest you weigh your options carefully and if costs are not an issue, go for it. I'll also urge you to read the IV analysis of the bill which you can find on the home page.
voldemar
03-09 10:07 PM
I am planning to visit India next week. I have the I-94 which was given to me when I entered USA last time. In the mean time, I also have I-94 attached on the approved I-797 due to 6,7 and 8th year extension. My question is
When I check in at the airlines counter do I have to only submit the I-94 that was given to me at the port entry ?
or
all the I-94 that is attached to my I-797 approval notices.
ThanksSubmit all I-94. My lawyer told me that.
When I check in at the airlines counter do I have to only submit the I-94 that was given to me at the port entry ?
or
all the I-94 that is attached to my I-797 approval notices.
ThanksSubmit all I-94. My lawyer told me that.
more...
girishvar
08-15 12:14 PM
Non-compete is based on a state law. Consult a Virginia employment attorney. Generally non-compete doesn't have teeth, because every one has got a right to work and practice your profession/make living.
tnite
06-27 11:11 AM
I filed my 485 last week and didn't file for EAD. My spouse is filing 485 next week and i will be a dependent in that application. If i apply for EAD in his application, can i use it to invoke AC21 if i have to change job after 6 months under my 485?
I have read here that EAD is not necessary for AC21, but my lawyer said its needed.
You cannot file 2 AOS petitions. Did your lawyer tell you that?
To apply for EAD thru your husband you would have to apply for I485 again , which you cannot.
You can file one AOS and one CP
I have read here that EAD is not necessary for AC21, but my lawyer said its needed.
You cannot file 2 AOS petitions. Did your lawyer tell you that?
To apply for EAD thru your husband you would have to apply for I485 again , which you cannot.
You can file one AOS and one CP
more...
IfYouSeekAmy
05-17 02:59 PM
Yes, I hired them in 2004. Spoke to David Cohen for an initial consulatation. They did all the paperwork. Back then they charged 1500 for the whole thing was payable in installments. (They made a mistake in one of the forms which came up during my final PR interview which was able to explain. So insist on receiving and reviewing all the forms prior to signing them). With that exception, they did a good job. Another issue was that they kept changing the paralegals so I worked with 3 people during the whole process. They were pretty good on answering calls and emails.
Like someone said in this thread you do not have to have an immigration agent for Canadian PR as it is pretty straight forward. I used one only for the peace of mind and less hassle.
IfYouSeekAmy,
Can you please share your experience with them?
Thanks
Like someone said in this thread you do not have to have an immigration agent for Canadian PR as it is pretty straight forward. I used one only for the peace of mind and less hassle.
IfYouSeekAmy,
Can you please share your experience with them?
Thanks
GCNeophyte
09-17 01:47 PM
Buddy - on forum everyone will answer you what he thinks ths best and this is important thing for you. you should ask your lawyer.
short answer - i had been in your situation and what my laywer told me is this
doesnt matter EAD (expired or not) H1(valid or not), if you have valid AP and your 485 is pending you can enter USA on it. Date on I94 will indeed be expiry date of AP.
Secondly, you are all good to continue working on your H1b even after entering through AP.
this is just what my laywer said. you will hear more things but i would suggest again that check with your lawyer.
Good Luck !!
bank_king2003 was right on. you don't need EAD or H1, AP was issued on your pending I485, POE won't care but they will still verify (it typically takes around 60 - 90 mins), you need to wait Patiently in IO supervisor office @POE. My personal advice is don't act smart with IO in POE and give them excuses like i have connection flight to catch etc.,
short answer - i had been in your situation and what my laywer told me is this
doesnt matter EAD (expired or not) H1(valid or not), if you have valid AP and your 485 is pending you can enter USA on it. Date on I94 will indeed be expiry date of AP.
Secondly, you are all good to continue working on your H1b even after entering through AP.
this is just what my laywer said. you will hear more things but i would suggest again that check with your lawyer.
Good Luck !!
bank_king2003 was right on. you don't need EAD or H1, AP was issued on your pending I485, POE won't care but they will still verify (it typically takes around 60 - 90 mins), you need to wait Patiently in IO supervisor office @POE. My personal advice is don't act smart with IO in POE and give them excuses like i have connection flight to catch etc.,
more...
sweet_jungle
12-30 01:17 PM
What you are saying may be logically correct, but USCIS needs the proof on paper. USCIS needs I-140 approval notice to give you 3-year H1B extension. You can try without that, but not gauranteed anything. Same with I-140 applying also, they need original copy of labour approval to file I-140. USCIS has proper application rejection procedures for all this. May be they are not having proper Approval procedures, but they do have proper Rejection procedures depending on documents required to file something.
So finally, you have to get I-140 approval notice, otherwise they won't grant 3-year H1B extension.
Requirement of labour approval is different. That comes from a different agency, DOL. For I-140, USCIS will be able to get all the information by entering case number. They should be able to link everything with the alien registration number.
Anyways, if for first time, I get 1 year extension, then for next time, my G-639 should come through. H-1 costs are borne by companies, so, should not matter.
So finally, you have to get I-140 approval notice, otherwise they won't grant 3-year H1B extension.
Requirement of labour approval is different. That comes from a different agency, DOL. For I-140, USCIS will be able to get all the information by entering case number. They should be able to link everything with the alien registration number.
Anyways, if for first time, I get 1 year extension, then for next time, my G-639 should come through. H-1 costs are borne by companies, so, should not matter.
wandmaker
04-27 03:02 PM
You might be denied based on the 365 days rule. When was your labor filed?
OP's 140 was approved in Aug 2008 and whereas the extension was filed in Feb 2009. It rules out the denial based on 365 day rule.
OP's 140 was approved in Aug 2008 and whereas the extension was filed in Feb 2009. It rules out the denial based on 365 day rule.
transpass
08-04 11:34 AM
Yep, how about a rally in front of Nebraska Service Center ;)
Yeah, may be a cycle rally...:p
Yeah, may be a cycle rally...:p
surya.kant
06-19 01:30 PM
Hello Unseenguy,
Thanks for the reply.
I forgot to mention that i was already on h1 before so i dont fall under H1CAP. This is the reason i applied for H1 from h4 as previously i was on H1B
You are not subject to H1 cap, since you had been on H1 status in last 6 years. However, H1 portablity applies only for H1-to-H1 transfer.
Your H1 petition is approved. You need to get H1 visa from consulate.
Surya.
Thanks for the reply.
I forgot to mention that i was already on h1 before so i dont fall under H1CAP. This is the reason i applied for H1 from h4 as previously i was on H1B
You are not subject to H1 cap, since you had been on H1 status in last 6 years. However, H1 portablity applies only for H1-to-H1 transfer.
Your H1 petition is approved. You need to get H1 visa from consulate.
Surya.
gc@waiting
07-21 06:27 AM
Does anyone have any experience with the name variations (the same old LNU/FNU stuff) leading to I485 rejection? I have the following names used in various combinations on multiple visa stampings (B, L1, H1B, H1B,H1B....).
FNU FirstName
FirstName LNU
FirstName LastName(as in birth certificate)
LNU FirstName
My Birth certificate has the complete "firstname lastname", while the degree certificate/credentials only have the first name, the most recent I94 & 797 have the name similar to the birth certicate (SSN has FirstName LNU). I485 applied under the birth certificate name with an AFFIDAVIT as advised by my attorney explaining the confusion about the name.
A greatly appreciate anyone shedding some light on this, thanks in advance.
FNU FirstName
FirstName LNU
FirstName LastName(as in birth certificate)
LNU FirstName
My Birth certificate has the complete "firstname lastname", while the degree certificate/credentials only have the first name, the most recent I94 & 797 have the name similar to the birth certicate (SSN has FirstName LNU). I485 applied under the birth certificate name with an AFFIDAVIT as advised by my attorney explaining the confusion about the name.
A greatly appreciate anyone shedding some light on this, thanks in advance.
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