tampacoolie
06-29 11:01 AM
My documents will reach attorney on Monday and he promised to file before July4.
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jvordar
04-07 03:08 PM
ok one question i have here is lets say if you have crossed your 6 years H1B limit and now the current employer does not give u copies of I140 and labor, in this case the new company wont be able to file for your H1 renewal coz the renewal is based on labor and I-140.. in this case there is no choice and u r forced to use your EAD... is that right??
Phat7
10-08 04:49 AM
Originally posted by Coppertop
Thanks! *insert extra large grin here*
can a mod please edit the poll as asked by Phat7
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Thanks! *insert extra large grin here*
can a mod please edit the poll as asked by Phat7
[Deniro voice] youuuuu, you... [/Deniro voice]:beam:
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dealsnet
09-02 03:54 PM
This guy is so curious to know what item and from which store ?
Let him know your answer.
Just chill its just shoplifting, its not like you killed somebody. Its not a crime for which there is no way of repenting. If court found you not guilty and you have done whatever punishment, then I don't see why should have to arms length to hide it.
Don't commit another crime by hiding it. Be confident and accept your mistake. Show some remorse. Just have all your papers in line. One of guys I know has some amazing history which will put your shoplifting to shame. He got his GC and living his life in peace. Just don't hide infront of officials. Also don't flaunt it around.
PS: Out of curiosity where was it that you were trying to shoplift?
Let him know your answer.
Just chill its just shoplifting, its not like you killed somebody. Its not a crime for which there is no way of repenting. If court found you not guilty and you have done whatever punishment, then I don't see why should have to arms length to hide it.
Don't commit another crime by hiding it. Be confident and accept your mistake. Show some remorse. Just have all your papers in line. One of guys I know has some amazing history which will put your shoplifting to shame. He got his GC and living his life in peace. Just don't hide infront of officials. Also don't flaunt it around.
PS: Out of curiosity where was it that you were trying to shoplift?
more...
dvb123
02-10 05:02 PM
The two categories EB4 and EB5 are disappearing. Both together are around 14% which are 21,000 (7%+7% of 140,000) visa numbers. EB2 will come to 2007 JAN atleast when this 21,000 and last quarter visa numbers EB4 + EB5 ---> EB1 ----> EB2 spillover happens. I think that IV should contact USCIS because these numbers would disappear before march and would not get rolled over to EB3 and EB2.
http://travel.state.gov/visa/frvi/bu...etin_4428.html
D. EXPIRATION OF TWO EMPLOYMENT VISA CATEGORIES
First: Priority Workers: 28.6% of the worldwide employment-based preference level, plus any numbers not required for fourth and fifth preferences.
Second: Members of the Professions Holding Advanced Degrees or Persons of Exceptional Ability: 28.6% of the worldwide employment-based preference level, plus any numbers not required by first preference.
http://travel.state.gov/visa/frvi/bu...etin_4428.html
D. EXPIRATION OF TWO EMPLOYMENT VISA CATEGORIES
First: Priority Workers: 28.6% of the worldwide employment-based preference level, plus any numbers not required for fourth and fifth preferences.
Second: Members of the Professions Holding Advanced Degrees or Persons of Exceptional Ability: 28.6% of the worldwide employment-based preference level, plus any numbers not required by first preference.
sathishkrish
08-13 10:33 PM
Does filing of dependent's I-485 anything to do with LUD on approved I-140/I-131 of Primary applicant? Anybody having similar experience?
Thanks
I got an LUD too for 8/12 but not on my underlying 140 petition but on a differant I140 petition. I have two I140's - I applied 485 thru my current employer on 8/3 at TSC.
Thanks
I got an LUD too for 8/12 but not on my underlying 140 petition but on a differant I140 petition. I have two I140's - I applied 485 thru my current employer on 8/3 at TSC.
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hazishak
08-18 05:54 PM
Looks like NSC is processing i-140 in less than 4 months.
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logiclife
02-19 11:42 AM
I have been thinking about choosing between EB3 and EB2. I hold a Masters degree from US and have 2 yrs of experience. I am wondering whether to go in EB3 (which is very simple and easy to get with no scrutiny - SURE TO GET APPROVED) and wait for a very long time in the queue OR go for EB2 (which is more difficult and have to pass through all the scrutiny from I-140) and then wait, whose waiting time might be lesser than EB3's
Which one is best to do ? Your suggestions please.
This is a wrong conventional belief. It has been far too many times written about and has now become conventional wisdom, that EB2 or EB1 is determined by the qualification of the employee.
That is only 1 of the 2 things needed to get a case approved under EB2. The other requirement is that the job description and the position must require a person of EB2 qualifications. The position being filled by MS plus 2 years, or BS plus 5 years should be the kind of position that cannot be filled by a lesser qualified employee.
So basically, you can be a Ph.D. from Harvard university with 10 years experience. But if your Greencard is filed for a job that requires someone with BS plus 2 years experience and can be filled by an EB3 candidate, then your case cannot be approved as EB2 even though your qualifications can make you fit for EB2.
Now about the priority dates. See EB2 is right now ahead of EB3. However, the continuation of that is totally dependent on many factors.
1. Future laws. What if EB2 percentages decrease?
2. EB1 spillover. How many EB1s are unused and spill over into EB2.
3. Your chargability, (country of birth), is ofcourse important. India and China EB2 may not be moving ahead this year AT ALL unless there is change in quota.
4. The future applicants for EB2. We dont know about the labor files in backlog centers and how many of those are EB2 and how many are EB3. Of that, how much more crowded would be EB2 or EB3.
It is IMPOSSIBLE to predict which one would be better off. Impossible.
Which one is best to do ? Your suggestions please.
This is a wrong conventional belief. It has been far too many times written about and has now become conventional wisdom, that EB2 or EB1 is determined by the qualification of the employee.
That is only 1 of the 2 things needed to get a case approved under EB2. The other requirement is that the job description and the position must require a person of EB2 qualifications. The position being filled by MS plus 2 years, or BS plus 5 years should be the kind of position that cannot be filled by a lesser qualified employee.
So basically, you can be a Ph.D. from Harvard university with 10 years experience. But if your Greencard is filed for a job that requires someone with BS plus 2 years experience and can be filled by an EB3 candidate, then your case cannot be approved as EB2 even though your qualifications can make you fit for EB2.
Now about the priority dates. See EB2 is right now ahead of EB3. However, the continuation of that is totally dependent on many factors.
1. Future laws. What if EB2 percentages decrease?
2. EB1 spillover. How many EB1s are unused and spill over into EB2.
3. Your chargability, (country of birth), is ofcourse important. India and China EB2 may not be moving ahead this year AT ALL unless there is change in quota.
4. The future applicants for EB2. We dont know about the labor files in backlog centers and how many of those are EB2 and how many are EB3. Of that, how much more crowded would be EB2 or EB3.
It is IMPOSSIBLE to predict which one would be better off. Impossible.
more...
wandmaker
10-12 04:25 PM
My wife got her H1b in 2007 and she was working for the company for 1 year and then she delivered in Oct 08 and since Oct 2008 she's on maternity leave. She was supposed to join back but because of the downturn her employer asked to extend the maternity leave and its an year almost. During this whole period her employer is ok and he has not removed her job. Is my wife is in status? I read on the web that the maternity leave is mutual as long as the employer and employee exists its ok. But my question is that is there a time limit on that. Also she's not getting paid for the full year when she was on maternity leave. The state remains the same now also. So what are right steps to do.....
Change to H4 till the employer asks to join back and then change to H1?
Please suggest
As other posted mentioned, 6 months is ok and justifiable because most of the companies allow mothers to bond with the kid. 1 year seems a stretch! I agree with gcformeornot and my2cents, if you are unable to justify and prove the employer-employee relationship then she is out of status.
Change to H4 till the employer asks to join back and then change to H1?
Please suggest
As other posted mentioned, 6 months is ok and justifiable because most of the companies allow mothers to bond with the kid. 1 year seems a stretch! I agree with gcformeornot and my2cents, if you are unable to justify and prove the employer-employee relationship then she is out of status.
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canmt
10-26 11:00 AM
Ashkam is right...
Labor has to be pending 1 year. I think you will get your PERM approval soon as DOL at present is free.
Be prepared with the paper work for your I-140 premium so that you can file it as soon as you get the PERM approval.
The lawyers will say it will take them no time but they will delay it by at-least 3 weeks to get the paper work done.
In the worst case go for a vacation for 4 months to Canada, get your paper work mailed to you, get the extension stamping done and be back.
I hope this helps and good luck on your green card pursuit...
Labor has to be pending 1 year. I think you will get your PERM approval soon as DOL at present is free.
Be prepared with the paper work for your I-140 premium so that you can file it as soon as you get the PERM approval.
The lawyers will say it will take them no time but they will delay it by at-least 3 weeks to get the paper work done.
In the worst case go for a vacation for 4 months to Canada, get your paper work mailed to you, get the extension stamping done and be back.
I hope this helps and good luck on your green card pursuit...
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satyachowdary
03-09 07:44 PM
Hi
Can some one suggest a good lawyer in NJ/NY areas to handle my AC-21 case.
Can some one suggest a good lawyer in NJ/NY areas to handle my AC-21 case.
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Dhundhun
07-09 09:03 PM
I did self filing of EAD and AP and sent the docs using USPS express mail. When I checked the status this is what I found
"Status: Notice Left
We attempted to deliver your item at 10:59 AM on July 9, 2008 in MESQUITE, TX 75185 and a notice was left. A second delivery attempt will be made. If unsuccessful, we will hold it for five business days and then it will be returned to the sender. Information, if available, is updated every evening. Please check again later"
So if nobody picks it up after the second delivery they will send it back - Was it a mistake to send by express mail?
Thoughts???
This may be due to Signature Confirmation, Return Receipts, etc. to P.O. Box. They will try to deliver couple of times. Not yet heard mail being returned from USCIS address.
I prefer Delivery Confirmation in case of P.O. Box Addresses.
"Status: Notice Left
We attempted to deliver your item at 10:59 AM on July 9, 2008 in MESQUITE, TX 75185 and a notice was left. A second delivery attempt will be made. If unsuccessful, we will hold it for five business days and then it will be returned to the sender. Information, if available, is updated every evening. Please check again later"
So if nobody picks it up after the second delivery they will send it back - Was it a mistake to send by express mail?
Thoughts???
This may be due to Signature Confirmation, Return Receipts, etc. to P.O. Box. They will try to deliver couple of times. Not yet heard mail being returned from USCIS address.
I prefer Delivery Confirmation in case of P.O. Box Addresses.
more...
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gconmymind
08-16 05:32 PM
Howdy fellow Aliens,
My wife's EAD just got approved. Now I have to get her a SSN so she can start working part time. Firstly I should ask can she get a SSN provided her I-485 application is filed and she has a valid EAD ? Any idea how long it takes to get the dang SSN ? I appreciate your help as always.
EAD is for work, SSN for Tax purposes, etc. Apply for SSN, I dont think you need to wait for the actual SSN number before your wife starts working.
My wife's EAD just got approved. Now I have to get her a SSN so she can start working part time. Firstly I should ask can she get a SSN provided her I-485 application is filed and she has a valid EAD ? Any idea how long it takes to get the dang SSN ? I appreciate your help as always.
EAD is for work, SSN for Tax purposes, etc. Apply for SSN, I dont think you need to wait for the actual SSN number before your wife starts working.
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mkkcbe
11-01 01:22 PM
Completely agree with you! It is just frustrating to know that NSC takes such a long time to process I-140s. TSC is much better with respect to I-140 processing.
I am at the last year of H1. So I hope they will approve my case soon, so that I can go for 3 yr extension.
I am at the last year of H1. So I hope they will approve my case soon, so that I can go for 3 yr extension.
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WeShallOvercome
08-27 06:32 PM
I actually did the stop payment back on the 14th and I have checked my account everyday and nothing...... Do you think they will reject it? I hate to lose the receipt date of July 2nd....
If there is no way you can stop the stop payment, then you should not get all anxious.
You were considering yourself lucky that your PD became current in July, unlucky that you filed a day too soon, but lucky that you came to know just in time, lucky that you still got your receipt, unlucky that you stopped payment, lucky that you have a second application in case your first one is rejected....
So you started being lucky and you might end up being lucky... Don't worry about all the unlucky episodes in between and hey, why worry about losing just 6 weeks of receipt date. Think about pre June-15th days :):)
If there is no way you can stop the stop payment, then you should not get all anxious.
You were considering yourself lucky that your PD became current in July, unlucky that you filed a day too soon, but lucky that you came to know just in time, lucky that you still got your receipt, unlucky that you stopped payment, lucky that you have a second application in case your first one is rejected....
So you started being lucky and you might end up being lucky... Don't worry about all the unlucky episodes in between and hey, why worry about losing just 6 weeks of receipt date. Think about pre June-15th days :):)
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jeda
10-22 07:59 PM
I came to US 10 years ago and moved three times. Never filed AR-11 or change of address with USCIS. Filed for 485 in 2007 July with the latest address.
Will the failure to file AR-11 have any adverse impact on my 485? Should I send in an AR-11 now for the last change of address even though it's late by 2 yrs? I'm very much confused.
If I file the AR-11 now. couple of questions.
1. For the A# in the form, Should I leave it blank?
2. For the section "I work for or attend school at : (Employer name or name of School)"
I will give the employer name. But in address do I give their address or the clients address where I work, My employer is in Texas whereas I'm at the client location in East coast.
Please help...Thank you in advance.
Will the failure to file AR-11 have any adverse impact on my 485? Should I send in an AR-11 now for the last change of address even though it's late by 2 yrs? I'm very much confused.
If I file the AR-11 now. couple of questions.
1. For the A# in the form, Should I leave it blank?
2. For the section "I work for or attend school at : (Employer name or name of School)"
I will give the employer name. But in address do I give their address or the clients address where I work, My employer is in Texas whereas I'm at the client location in East coast.
Please help...Thank you in advance.
more...
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shaq
05-14 02:43 PM
I did my three years diploma (polytechnic) and three years engineering degree (B.E.) after that and I had @ eight years of experience while I had applied for GC through EB2 category. I had no problem in getting my I-140 approval; so far I have not received single rfe.
I had same situation as vactorboy but I had US masters. I had no problem with labor or I-140. My I-140 was approved in a month.
I had same situation as vactorboy but I had US masters. I had no problem with labor or I-140. My I-140 was approved in a month.
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WillIBLucky
12-31 07:06 PM
This is pure desperation. Its been discussed a lot many times but people keep asking the same question again and again. Check out the forum library you will find all the answers to your 'Case Study"Applicable to all retrogessed guys...
Case deatils :
Approved I-140 & H1-B extended for 3 years beyond 6 years because of approved I-140. Can NOT file I-485 because of retrogression
Next step H1-B transferred to new employer & redo Labor & I-140.
Question :
Can you file I-485 for both employers at the same time ???? & choose whichever comes first. Will there be any complicated issue if you filed I-485 with the 2nd employer after 1st employer has filed I-485
Bottom line ... How complicated will the life be if one changes job after 3 yr. extension of H1 based on approved I-140 ????
Please share your info as the attorneys are nuts..
Has this issues beeb discussed in detail at any other place like WWW.immigration - law.com ??
Please provide with the link
CORE TEAM : Can this issue be discussed with the Attorneys in upcoming conference ???
Case deatils :
Approved I-140 & H1-B extended for 3 years beyond 6 years because of approved I-140. Can NOT file I-485 because of retrogression
Next step H1-B transferred to new employer & redo Labor & I-140.
Question :
Can you file I-485 for both employers at the same time ???? & choose whichever comes first. Will there be any complicated issue if you filed I-485 with the 2nd employer after 1st employer has filed I-485
Bottom line ... How complicated will the life be if one changes job after 3 yr. extension of H1 based on approved I-140 ????
Please share your info as the attorneys are nuts..
Has this issues beeb discussed in detail at any other place like WWW.immigration - law.com ??
Please provide with the link
CORE TEAM : Can this issue be discussed with the Attorneys in upcoming conference ???
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greenmonster
11-23 10:50 AM
Hi,
I am on EAD with my GC sponsor, 485 pending - PD Dec2006. I was a Sr.QA Analyst while my Labor was filed. Those job responsibilities were submitted in labor along with generic titles like programmer analyst etc.
Now that I have planned a technology change, I am moving into SAP BI. As it is getting tough to get contract positions and lot of FTE opportunities. I am wondering what my options are. Having said that I am also anticipating my PD to be current in july/aug/sep 2011.
I was told by my employer that I could temporarily resign , take a FT with another company and join back within 6 months.
During this time they would continue with my green process.
In this situation while I am very close ( 6-9 months) for my PD to be current, what are my best options?
1. AC21 - get it all done with new company ? Job title from Sr.Qa to SAP BI would it be a problem?
2. Temporary resignation and rejoining - is it really feasible?
3. Stay with current company - try for contract positions even if it means that I have to stay long on bench. I have been already out since Aug.
Please pour in your thoughts.
Thanks for your help.
I am on EAD with my GC sponsor, 485 pending - PD Dec2006. I was a Sr.QA Analyst while my Labor was filed. Those job responsibilities were submitted in labor along with generic titles like programmer analyst etc.
Now that I have planned a technology change, I am moving into SAP BI. As it is getting tough to get contract positions and lot of FTE opportunities. I am wondering what my options are. Having said that I am also anticipating my PD to be current in july/aug/sep 2011.
I was told by my employer that I could temporarily resign , take a FT with another company and join back within 6 months.
During this time they would continue with my green process.
In this situation while I am very close ( 6-9 months) for my PD to be current, what are my best options?
1. AC21 - get it all done with new company ? Job title from Sr.Qa to SAP BI would it be a problem?
2. Temporary resignation and rejoining - is it really feasible?
3. Stay with current company - try for contract positions even if it means that I have to stay long on bench. I have been already out since Aug.
Please pour in your thoughts.
Thanks for your help.
ChainReaction
06-18 12:41 PM
yes you can. As per AC 21 once you have counted towards h1b number in last 6 year you are not counted again. So assuming your original h1 wasn't though non profit orgainzation, you can apply for new h1. If you have your I 140 approved you get 3 years h1. PM me if you need more info. I have done it.
and btw, h1b premium processing takes 15 days, so don't panic.
I asked my lawyer somewhat similar question regarding my wife. The question i asked was what if i stay on H1b and she uses her EAD and for some reason my 485 get rejected can she move back to H4 status?
The lawyer said as long as the I-94 is valid on her H4 she can else she will have to leave the country and apply at her home country . He did also mentioned something regarding time is counted as being out of status from the day a person uses EAD, don't remember whether the clock starts ticking passed the I-94 validity period or otherwise.
and btw, h1b premium processing takes 15 days, so don't panic.
I asked my lawyer somewhat similar question regarding my wife. The question i asked was what if i stay on H1b and she uses her EAD and for some reason my 485 get rejected can she move back to H4 status?
The lawyer said as long as the I-94 is valid on her H4 she can else she will have to leave the country and apply at her home country . He did also mentioned something regarding time is counted as being out of status from the day a person uses EAD, don't remember whether the clock starts ticking passed the I-94 validity period or otherwise.
prioritydate
08-13 12:31 AM
When India won its first Olympics individual medal, someone posted it on this site. People descended on that poor guy asking him to stick to the subject. Now where are those guys? Do I need to assume that they are not offended by this time?
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