perm
04-05 03:29 PM
paragpujara,
I was in THE SAME situation like you last month.Current desi company sponsered PERM (not subsitute) in OCT'05 and I have a 140 approved. The clients offered employment with 1 year waiting to start GC and then to port PD. I gave it a thought and then decided on not joining the client full-time. Anything can go wrong or the immigration process can change in this 1 year of waiting time. If you bad luck is bad (can't stop laughing on tying this line) your porting of PD fails. your bad luck turn GOOD and Some bill passes which will allow you to file for EAD within this 1 year of waiting. I did not take the risk here.
Hi GC gurus,
I am in dilemma and seek your help desperately.
Currently i work for a consulting company A (around 500 employees). He provided me with a pre-approved labor(EB2 category, pd 02/05) and recently got my 140 approved. The client(say company B) i am working for has offered me a full time position and i am willing to take it up. But according to the company's (B) policy the GC process can be started after one year of joining.
I talked to my company (i.e company A) about my decision to join company B. He provided the following explaination :
1. EB2 to EB2 porting is not possible: According to him EB3 to EB2 porting seems possible but he wasnt sure about EB2 to EB2. He needs to look into the matter. Can you please provide some more information on this...
2. Query on Ability to Pay: He said that when company files 140 for current employee who are on company payroll right now, he might get REF regarding ability to pay. At that time he has to cancel my 140 as well as number of approved 140 that are unaccounted for (i.e employee left or he didnt cancel), to prove company's ability to pay for current employees. So his argument was that it will be difficult for him to retain my 140 for next 1 year. But i believe GC is for future employment and he has to pay me the salary as per the LC. The company seems to be making good amount of profit. So i feel he is trying to hold me back by providing excuses. Or is this a valid reason ?
Please provide me your input asap as i have to decide very soon.
I was in THE SAME situation like you last month.Current desi company sponsered PERM (not subsitute) in OCT'05 and I have a 140 approved. The clients offered employment with 1 year waiting to start GC and then to port PD. I gave it a thought and then decided on not joining the client full-time. Anything can go wrong or the immigration process can change in this 1 year of waiting time. If you bad luck is bad (can't stop laughing on tying this line) your porting of PD fails. your bad luck turn GOOD and Some bill passes which will allow you to file for EAD within this 1 year of waiting. I did not take the risk here.
Hi GC gurus,
I am in dilemma and seek your help desperately.
Currently i work for a consulting company A (around 500 employees). He provided me with a pre-approved labor(EB2 category, pd 02/05) and recently got my 140 approved. The client(say company B) i am working for has offered me a full time position and i am willing to take it up. But according to the company's (B) policy the GC process can be started after one year of joining.
I talked to my company (i.e company A) about my decision to join company B. He provided the following explaination :
1. EB2 to EB2 porting is not possible: According to him EB3 to EB2 porting seems possible but he wasnt sure about EB2 to EB2. He needs to look into the matter. Can you please provide some more information on this...
2. Query on Ability to Pay: He said that when company files 140 for current employee who are on company payroll right now, he might get REF regarding ability to pay. At that time he has to cancel my 140 as well as number of approved 140 that are unaccounted for (i.e employee left or he didnt cancel), to prove company's ability to pay for current employees. So his argument was that it will be difficult for him to retain my 140 for next 1 year. But i believe GC is for future employment and he has to pay me the salary as per the LC. The company seems to be making good amount of profit. So i feel he is trying to hold me back by providing excuses. Or is this a valid reason ?
Please provide me your input asap as i have to decide very soon.
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somma
10-25 03:41 PM
My EAD status shows "card production ordered" and my spouse is showing as pending. This has been like this for the past 4 days.
Looks like they don't want to update the secondary information online.
:confused:
Looks like they don't want to update the secondary information online.
:confused:
sammyb
03-28 04:35 PM
Do they entertain such request - any positive (or negative) experience ... appreciate ... will be in India during May and planning to go for stamping ... mine is a 2006 job change/extension case and was wondering if the I129 made it to the PIMS or not :confused:...
I got this from different website(not sure if I can quote here).
Before going /planning for a perticular consualte, you can email the consulate with a i797 copy asking them to check if it exists in their system. If it doesn't then they will request concerned athorities to make it available in system so that you won't get stuck with PIMS delay. So far I have heard mexico/canada consualte responding to emails positively.
I will be mailing(canada consulate) them soon. Will keep you updated if i hear anything from them. if it works..its indeed a good options for us.:D
I got this from different website(not sure if I can quote here).
Before going /planning for a perticular consualte, you can email the consulate with a i797 copy asking them to check if it exists in their system. If it doesn't then they will request concerned athorities to make it available in system so that you won't get stuck with PIMS delay. So far I have heard mexico/canada consualte responding to emails positively.
I will be mailing(canada consulate) them soon. Will keep you updated if i hear anything from them. if it works..its indeed a good options for us.:D
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Munna Bhai
01-10 06:00 PM
Bump
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shahuja
02-06 09:02 PM
hello ..EVERYBODY..need help..
this is the email came from my lawyer today..for the inquiry they did with the consulate regarding my visa.
Hi Shweta,
We understand how frustrating this is for you. We received a response to our inquiry with the consulate. It seems the application is being kept pending for additional administrative processing. The stated reason for the review falls within the law under Section 221(g) of the Immigration and Nationality Act. Under these circumstances, we typically see that the government issues a notice to the applicant wherein additional information is often requested. Kindly advise if you have received any notification from the consulate on this issue.
Best regards,
IS ADMIN PROC DIFFERENT FROM ADD ADMIN PROC ???
also the same day i called DOS and they told me case was approved already in jan..so that means that now more processing needs to be done ??
ADVICE ??
this is the email came from my lawyer today..for the inquiry they did with the consulate regarding my visa.
Hi Shweta,
We understand how frustrating this is for you. We received a response to our inquiry with the consulate. It seems the application is being kept pending for additional administrative processing. The stated reason for the review falls within the law under Section 221(g) of the Immigration and Nationality Act. Under these circumstances, we typically see that the government issues a notice to the applicant wherein additional information is often requested. Kindly advise if you have received any notification from the consulate on this issue.
Best regards,
IS ADMIN PROC DIFFERENT FROM ADD ADMIN PROC ???
also the same day i called DOS and they told me case was approved already in jan..so that means that now more processing needs to be done ??
ADVICE ??
GCVivek
03-23 03:06 PM
If your new I-797 came with a new I-94 attached at the bottom, you should be fine. Usually, if you renew H1-B past the expiration date, you are classified under "Consular Approval" and therefore must get H1B stamped into your passport the next time you leave and want to enter the US.
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surge
02-20 08:25 PM
Your authorized period of stay ended on 10/1. Your marriage does not matter. The only reason you MAY be able to adjust status in your situation is the fact that you married a U.S. citizen. It is VERY risky to leave the United States before your I485 gets approved. Please consult an attorney before doing so. AP does not guarantee re-admittance especially when one was EVER out of status.
Thank you for advice. i did not realize the issue was so complex. I did call uscis after i got married before i sent in my OAS papers and asked them how can i maintain legal status after my j-1 expires. they said that since i came legally, haven't broken any rules and got married before status expiration - i maintain "somewhat legal status"(i do not have j-1 2 year mandatory homecoutry stay either). My wife is US citizen.
So i thought even thought period from 10/01 to 11/26 (receipt for receiving both i-485 and i-130) can be considered out of status - after that i can be considered a resident alien which would mean that it is still a legal status.
Thank you for advice. i did not realize the issue was so complex. I did call uscis after i got married before i sent in my OAS papers and asked them how can i maintain legal status after my j-1 expires. they said that since i came legally, haven't broken any rules and got married before status expiration - i maintain "somewhat legal status"(i do not have j-1 2 year mandatory homecoutry stay either). My wife is US citizen.
So i thought even thought period from 10/01 to 11/26 (receipt for receiving both i-485 and i-130) can be considered out of status - after that i can be considered a resident alien which would mean that it is still a legal status.
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lostinbeta
10-03 12:51 PM
You checked it.... now I am just spamming :P
SPAM
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santb1975
12-24 01:17 PM
Some of our chapter members have been asking for action items to work on during the holidays. This is a great one
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dan19
09-11 04:14 PM
What to advertise??
....Employer says, he did not hear anything from them to start advertising.
....Employer says, he did not hear anything from them to start advertising.
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brad_sk2
01-23 12:20 PM
I think some of the I140 dates went backwards in Nebraska. I can't understand how it can move backwards...Some moved just a few days even though the list is updated after 2 months!
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WaitingForMyGC
01-23 10:53 AM
They don't mean anything..no dates ever meant anything to USCIS. :-)
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Ramba
09-03 04:48 PM
You have two options. One is forget the current GC and take new job re-start your GC.
The second option is keep a copy of your I 140 approval. Join a new company. Re-Start the GC application. When the new labor is approved and lawyer is ready to ship the I 140 package to USCIS ask him to include the copy of Old I 140 approval notice in it with a cover letter to USCIS requesting porting the old priority date to your new application. ( I am not sure of job description in the 2 labors needs to be same/ similar for portablity. My guess is that it does not need to be strictly same but least in same field. Example IT to IT and not say IT to Finance or Healthcare etc)
The best bet is to take an appointment with a lawyer and go over it. Also talk to new companys immigration attorney if he will support this porting when the time comes.
Wrong information. In order to retain the PD from old 140 when filing new 140, the both jobs need not be in same/similar field. You are confused with AC21 job change. The first 140 job can be a "cook" in eb3, and the new 140 job can be "rocket scientist" in eb1.
The second option is keep a copy of your I 140 approval. Join a new company. Re-Start the GC application. When the new labor is approved and lawyer is ready to ship the I 140 package to USCIS ask him to include the copy of Old I 140 approval notice in it with a cover letter to USCIS requesting porting the old priority date to your new application. ( I am not sure of job description in the 2 labors needs to be same/ similar for portablity. My guess is that it does not need to be strictly same but least in same field. Example IT to IT and not say IT to Finance or Healthcare etc)
The best bet is to take an appointment with a lawyer and go over it. Also talk to new companys immigration attorney if he will support this porting when the time comes.
Wrong information. In order to retain the PD from old 140 when filing new 140, the both jobs need not be in same/similar field. You are confused with AC21 job change. The first 140 job can be a "cook" in eb3, and the new 140 job can be "rocket scientist" in eb1.
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larmani
04-29 01:02 PM
If you are the derivative how can they check your salary with your spouse's LCA requirements. I think you will be fine. Check with your lawyer. If you want you can switch to EAD anytime. But once you lose H1 you cannot getback on H1.
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rajuram
06-19 09:42 PM
Before posting, please ask yourself if it is worth taking the risk when all you have to do is to wait for months to get travel documents. It is a personal decision!!!
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waitin_toolong
08-14 06:11 AM
Thanks Jayant,
I will call USCIS with my receipt number to find out my wife's. I will post what they have to say.
Regards
Raj
if you sent separate checks then the checks cashed will give you a clue and receipt numbers. If a common check then if that was cashed (must have been you got the receipts) then hers would have been accepted as well otherwise all filings would have been rejected.
You get Receipts for each applicant/application in separate envelops.
I will call USCIS with my receipt number to find out my wife's. I will post what they have to say.
Regards
Raj
if you sent separate checks then the checks cashed will give you a clue and receipt numbers. If a common check then if that was cashed (must have been you got the receipts) then hers would have been accepted as well otherwise all filings would have been rejected.
You get Receipts for each applicant/application in separate envelops.
more...
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immi_seeker
08-08 01:43 PM
Anybody had any experience at phoenix center with infopass appointment ?
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santb1975
05-15 06:27 PM
This is a very important Action Item. I was pleased to hear a few IV'ans called when I called the offices of the reps today
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sac-r-ten
04-01 09:10 AM
Already got it....last September. Thanks for asking.
Congrats to GreenGuru. and thanks for sharing all the information.
IV admin, can we have a separate option on the details to show that GC is already received. Like rb_248 got it last september and he/she still comes here and shares his knowledge. so having that option display would be gr8.
cheers/
Congrats to GreenGuru. and thanks for sharing all the information.
IV admin, can we have a separate option on the details to show that GC is already received. Like rb_248 got it last september and he/she still comes here and shares his knowledge. so having that option display would be gr8.
cheers/
belmontboy
12-12 08:06 PM
sorry if i am wrong..
How can someonw get a result on 140 with in 6 months, whn the waiting period is more thn 1 yr..
i just dont trust these consultants..
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=7e3355fe4a37a110VgnVCM1000004718190aRCR D&vgnextchannel=68439c7755cb9010VgnVCM10000045f3d6a1 RCRD
How can someonw get a result on 140 with in 6 months, whn the waiting period is more thn 1 yr..
i just dont trust these consultants..
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=7e3355fe4a37a110VgnVCM1000004718190aRCR D&vgnextchannel=68439c7755cb9010VgnVCM10000045f3d6a1 RCRD
Ψ
06-06 11:33 AM
well iam trying to seduce u .....i likje the girl.........she looks hot........the next oneis going to be hotter....just watch
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