aarzoo
02-02 04:48 PM
I have a labor approved for the requirement:
"Must have BS in CS, EE or related field w/5 years of related experience"
EB3 I-140 was approved in 2008. Can I re-apply for EB2 I-140 using the same labor?
Please note I have BS in CS and had more than 5 yrs of expereince before joining my current employer. I have not changed my employer - EB3 is also from the same employer.
"Must have BS in CS, EE or related field w/5 years of related experience"
EB3 I-140 was approved in 2008. Can I re-apply for EB2 I-140 using the same labor?
Please note I have BS in CS and had more than 5 yrs of expereince before joining my current employer. I have not changed my employer - EB3 is also from the same employer.
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BECsufferer
01-21 12:39 PM
rumour say retrogression may lift on march 2009, is it true????
Dil ko khush rakhne ke leye, Ghalib yeh khyal be aacha hain. :rolleyes:
(Atleast his thought is good, to keep your mind at peace)
Dil ko khush rakhne ke leye, Ghalib yeh khyal be aacha hain. :rolleyes:
(Atleast his thought is good, to keep your mind at peace)
chanduv23
08-08 03:24 PM
Lets make this event successful.
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mharik
01-06 02:11 PM
Hi ,
Can you use portability(i.e, I-140 approved and I-485 pending more than 6 months) for studies in USA, I thought its only good for changing the jobs in the same field, I dont know if we can go back to school. Does schools in USA give admission based on EAD/I-485 pending (its OK for Secondary applicant but I guess not for Primary applicant, even if its OK at the time of GC approval dont we have to show the proof that we are working in the same field , does INS accept if one is in school full-time without job.
I am sure lot of people want to go back to school to venture into new fields or learn latest skills but are hindered by the delay in GC approvals.
IS there any one went back to school full time and got GC approved . If so please enlighten us by posting a reply
Thank you
Can you use portability(i.e, I-140 approved and I-485 pending more than 6 months) for studies in USA, I thought its only good for changing the jobs in the same field, I dont know if we can go back to school. Does schools in USA give admission based on EAD/I-485 pending (its OK for Secondary applicant but I guess not for Primary applicant, even if its OK at the time of GC approval dont we have to show the proof that we are working in the same field , does INS accept if one is in school full-time without job.
I am sure lot of people want to go back to school to venture into new fields or learn latest skills but are hindered by the delay in GC approvals.
IS there any one went back to school full time and got GC approved . If so please enlighten us by posting a reply
Thank you
more...
morchu
06-25 10:48 PM
I believe the employer cannot legally penalize you for leaving the job. But some expenses like, "sign on bonus" are legally refundable if you don't agree to the terms mentioned. So it really depends on what exact expense they are asking (or otherwise based on the definition of a "penalty" vs "refund"). Also the employment laws differ between states (for example some allow non-compete agreements and some don't).
Michigan123
07-24 10:28 AM
usabal has put LNU .
Given Name in passport - ABC XYZ
surname -
All GC related document's name
ABC XYZ ,LNU
so bottom line is that Given name becomes first name and LNU relplaces surname (last name)
I do not know if it is correct but this is the way they have filed for me.
It is very interesting SSN has ABC XYZ
485 has ABC XYZ,LNU (LNU,ABC XYZ)
H1 has FNU ,ABC XYZ
EAD has LNU,ABC XYZ
-What a mess
-Ali
Given Name in passport - ABC XYZ
surname -
All GC related document's name
ABC XYZ ,LNU
so bottom line is that Given name becomes first name and LNU relplaces surname (last name)
I do not know if it is correct but this is the way they have filed for me.
It is very interesting SSN has ABC XYZ
485 has ABC XYZ,LNU (LNU,ABC XYZ)
H1 has FNU ,ABC XYZ
EAD has LNU,ABC XYZ
-What a mess
-Ali
more...
pasupuleti
03-28 01:53 PM
Correct me if I am wrong, yesterday's bill which is passed does not have like this provisions.
Yes! Yesterday's bill does not have these provisions.
Yes! Yesterday's bill does not have these provisions.
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kumarc123
01-16 10:12 AM
can we just buy a vacation for the burger king (a.ka. steve king) and ask him to go to bahamas or cancun or somewhere.... so that we can pass the recapture bill....
I appreciate your humor along with all other IV members who have enjoyed the joke so far. But humor wont help us, but our diligent and focused measures, if you have something more than humor please join us, if not please don't make fun of our measures.
I humbly request everyone to start calling.
Thank you
I appreciate your humor along with all other IV members who have enjoyed the joke so far. But humor wont help us, but our diligent and focused measures, if you have something more than humor please join us, if not please don't make fun of our measures.
I humbly request everyone to start calling.
Thank you
more...
sats123
11-04 12:29 AM
Last year even I did not get my AP though it was approved. It was lost in mail. I had called USCIS several times and tried to request a duplicate copy. They said they cannot do it. I had sent letters to senator, senator's office sent letter to USCIS and nothing worked. what a PIA, $305 for no reason.
Last month I self applied for my wife and got the approval in couple of weeks. ( On another note, her last approval was until Jan 2010. New approval is until Oct 2010. So we paid $305 for nine months which does not make sense. They should have approved until Jan 2011.)
One suggestion for all self filers is to include a self paid USPS envelope with tracking number and request in your letter to USCIS to send the final decision (not receipt notice) in that envelope. It will cost few extra dollars but its worth. Atleast the chances of getting lost in mail will be less.
Last month I self applied for my wife and got the approval in couple of weeks. ( On another note, her last approval was until Jan 2010. New approval is until Oct 2010. So we paid $305 for nine months which does not make sense. They should have approved until Jan 2011.)
One suggestion for all self filers is to include a self paid USPS envelope with tracking number and request in your letter to USCIS to send the final decision (not receipt notice) in that envelope. It will cost few extra dollars but its worth. Atleast the chances of getting lost in mail will be less.
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chanduv23
11-06 07:46 AM
My Mother in law flew with them, and her experience was good.
How old are your folks? Sometimes, this may sound a bit cheesy, but getting wheelchair always helps. What that does is, it guarantees your folks will be at the correct gates, at right times.
I got her a wheelchair, and she had a smooth transition.....
hope that helps...
Thanks for the response, they are 57 and 53 years and healthy, will it make sense to request for a wheelchair? Maybe we can request for one of them :)
How old are your folks? Sometimes, this may sound a bit cheesy, but getting wheelchair always helps. What that does is, it guarantees your folks will be at the correct gates, at right times.
I got her a wheelchair, and she had a smooth transition.....
hope that helps...
Thanks for the response, they are 57 and 53 years and healthy, will it make sense to request for a wheelchair? Maybe we can request for one of them :)
more...
alterego
12-12 07:09 PM
How there could be demand for visa numbers for EB2 India between the years 2000 & 2002. The possible sources of such visa number demand would be from BEC or LC substitution. Both require filing a new I-140 recently, which most likely would not have been approved yet. Are visa numbers alloted even before I-140 is approved??
Unless there were some real unlucky ones with PD earlier than 2002 that got through 'namecheck' just recently.
You forget that BECs were clearing up since some time now, and that 140PP was available until late July. Which person in his/her right mind having endured the BEC nightmare would not have done the 140PP, and if they did that and filed concurrently, then if all goes well 485 could easily get wrapped up in 4-6 months. I know of a person from EB2 ROW who got his green card start(PERM) to finish(485 approval) in 8mths flat. Similar examples, if a little slower abound at . To him this can seem an efficient system!
Unless there were some real unlucky ones with PD earlier than 2002 that got through 'namecheck' just recently.
You forget that BECs were clearing up since some time now, and that 140PP was available until late July. Which person in his/her right mind having endured the BEC nightmare would not have done the 140PP, and if they did that and filed concurrently, then if all goes well 485 could easily get wrapped up in 4-6 months. I know of a person from EB2 ROW who got his green card start(PERM) to finish(485 approval) in 8mths flat. Similar examples, if a little slower abound at . To him this can seem an efficient system!
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wandmaker
06-19 07:08 AM
Folks,
I am due for an EAD renewal. However, my I-485 Receipt Notice got lost in mail. :(
Can I still e-file. A lot of you said, we have to send a copy of the receipt notice as a supporting document. Can I do without it.
Any pointers would be really appreciated.
Thank You
-Bipin
Copy of your biometrics notice is enough in case of missing 485 receipt notices. And USCIS should be able to verify pending 485 with the A#.
I am due for an EAD renewal. However, my I-485 Receipt Notice got lost in mail. :(
Can I still e-file. A lot of you said, we have to send a copy of the receipt notice as a supporting document. Can I do without it.
Any pointers would be really appreciated.
Thank You
-Bipin
Copy of your biometrics notice is enough in case of missing 485 receipt notices. And USCIS should be able to verify pending 485 with the A#.
more...
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gc_kaavaali
11-14 04:09 PM
somebody gave red mark...what happened???
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Circus123
01-09 03:43 PM
"I suppose this year's quota for EB3 India is not yet used (as small it may seem). My guess is, when EB3 processing begins, it should get your collegues out in 6 to 9 months from now."
EB3 quota is like a spoon of rice from a bag of basmati :))
EB3 quota is like a spoon of rice from a bag of basmati :))
more...
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pappu
12-24 10:44 AM
If you have a blog, pls post IV related messages, links, Banner ads on your blogs.
Banners are available at http://immigrationvoice.org/index.php?option=com_content&task=view&id=65&Itemid=36
Let us also list such blogs on this thread. Here are some blogs:
(1) http://immigrationvoice.blogspot.com
(2) http://iv-physicians.blogspot.com
(3) http://iv-tristate.blogspot.com
(4) http://dcrally.blogspot.com
(5) http://www.touchdownusa.org/
(6) http://skilledimmigrants.blogspot.com/
(7) http://www.touchdownusa.org/floral/FloralProtest.html
(8) http://www.tired-immigrant.blogspot.com/
Banners are available at http://immigrationvoice.org/index.php?option=com_content&task=view&id=65&Itemid=36
Let us also list such blogs on this thread. Here are some blogs:
(1) http://immigrationvoice.blogspot.com
(2) http://iv-physicians.blogspot.com
(3) http://iv-tristate.blogspot.com
(4) http://dcrally.blogspot.com
(5) http://www.touchdownusa.org/
(6) http://skilledimmigrants.blogspot.com/
(7) http://www.touchdownusa.org/floral/FloralProtest.html
(8) http://www.tired-immigrant.blogspot.com/
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GKBest
10-23 08:52 PM
I got the mail today....
PD - 2004 August
485/EAD/AP RD - July 3rd
ND - October 11
EAD Card Production ordered - October 22nd.
FP Notice - Waiting
AP - Waiting
SAME HERE. WE ARE INDEED IN THE SAME BOX. HOPE WE GET THE GCs AHEAD OF SCHEDULE:D
PD - 2004 August
485/EAD/AP RD - July 3rd
ND - October 11
EAD Card Production ordered - October 22nd.
FP Notice - Waiting
AP - Waiting
SAME HERE. WE ARE INDEED IN THE SAME BOX. HOPE WE GET THE GCs AHEAD OF SCHEDULE:D
more...
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vin13
01-15 06:34 PM
Once you switch jobs using AC 21, you are no longer on H1-B (even though you still have H1-b date that has not expired).
Your next H1-B will be considered a new H1-B and not a transfer.
You will be able to use remaining H1-B time. There is no difference whether the employer revokes or not revoke your H1 as you are no longer on H1-B.
Your next H1-B will be considered a new H1-B and not a transfer.
You will be able to use remaining H1-B time. There is no difference whether the employer revokes or not revoke your H1 as you are no longer on H1-B.
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gcpadmavyuh
10-12 09:05 AM
The maximum time allowed on H1B is 6 years, this includes the time you spent on L1. This is the reason why you have been given H1B that is only valid for 1 year.
On a side note, the maximum time allowed on L1 is 5 years - you had to go back to India since you have spent the maximum allowable time on that visa.
Now, there are two ways to extend your stay beyond the initial 5/6 yrs granted on H1 or L1 visas.
1. For both L1 and H1Bs: Go back to your country (India) for 1 yr after your initial term expires. After 1 yr stay in your home country, you will be eligible for "another cycle" of L1/H1. So, for L1 you will get another 5 yrs, and H1B another 6 yrs.
2. Another way to extend your H1B is to start your Green card process (file your labor, and then your 140). Once your labor is pending for > 1 yr, or your 140 is approved, you will be eligible for 1 yr or 3 yr H1B extensions. This does not apply to L1s.
Here is what I would suggest for your case:
Best case scenario: Wait until your 1 yr clock resets, apply for fresh L1A (multi national manager). Once you are in the USA, convince your company to file for your green card in EB1 - multi national manager. The EB1 is almost always current, you can get your GC pretty soon.
This is the best case scenario that I can envision for you.
Alternatively,you can come back immediately on H1, apply for your PERM and 140, and then get unlimited extensions based on your GC being pending.
You can also wait until your 1 yr clock resets and then enter on H1 in Feb 2008, where by you might be able to claim 5 more years on H1B extensions ( a total of fresh 6 yrs on your current H1B). eventually, you will have to file for your PERM and 140 and then get extensions beyond the 6 yrs. I think you will need to file a petition with USCIS indicating the H1B clock reset.
Merely applying for L1A will not invalidate your H1. however, entering on L1A will invalidate your H1b (you can only hold one visa at a time - L1 or H1B). BTW... I guess you can not enter on L1 until you reset your 1 yr clock.
If I were you,I would seriously consider entering on L1A and then filing for EB1 GC. This is the quickest possible route for your GC. Unless, ofcourse, you do not want to be with the company for another year or so because your relationship with the employer is strained.
Dear experts.. Need your advise..
I stayed in US for full 5 years on L1-B. After 5 years period I applied for H1-B and returned to Inida on 1-Jan-07. And I got H1-B in lottery. Below are my queries
1) My I-797 says that its valid for only one year till October 2008. What could be the reason. (Because I stayed 5 years in US? )
2) So is it advisable to go to stamping after 1-Jan-08? Or can I go for stamping now? I don't want to be in a situtation where I'll b given Visa till Jan'08?
3) Now my company wants to apply for L1-A. What happens to my current H1-B if L1 is applied?
Assuming applying L1 is not going to be invalidate my H1 papers,
4) If I go for L1 stamping, will it invalidate my H1-B papers?
5) If I come to US on L1, is it possible to change status to H1?
Any help will be greatly appreciated.
On a side note, the maximum time allowed on L1 is 5 years - you had to go back to India since you have spent the maximum allowable time on that visa.
Now, there are two ways to extend your stay beyond the initial 5/6 yrs granted on H1 or L1 visas.
1. For both L1 and H1Bs: Go back to your country (India) for 1 yr after your initial term expires. After 1 yr stay in your home country, you will be eligible for "another cycle" of L1/H1. So, for L1 you will get another 5 yrs, and H1B another 6 yrs.
2. Another way to extend your H1B is to start your Green card process (file your labor, and then your 140). Once your labor is pending for > 1 yr, or your 140 is approved, you will be eligible for 1 yr or 3 yr H1B extensions. This does not apply to L1s.
Here is what I would suggest for your case:
Best case scenario: Wait until your 1 yr clock resets, apply for fresh L1A (multi national manager). Once you are in the USA, convince your company to file for your green card in EB1 - multi national manager. The EB1 is almost always current, you can get your GC pretty soon.
This is the best case scenario that I can envision for you.
Alternatively,you can come back immediately on H1, apply for your PERM and 140, and then get unlimited extensions based on your GC being pending.
You can also wait until your 1 yr clock resets and then enter on H1 in Feb 2008, where by you might be able to claim 5 more years on H1B extensions ( a total of fresh 6 yrs on your current H1B). eventually, you will have to file for your PERM and 140 and then get extensions beyond the 6 yrs. I think you will need to file a petition with USCIS indicating the H1B clock reset.
Merely applying for L1A will not invalidate your H1. however, entering on L1A will invalidate your H1b (you can only hold one visa at a time - L1 or H1B). BTW... I guess you can not enter on L1 until you reset your 1 yr clock.
If I were you,I would seriously consider entering on L1A and then filing for EB1 GC. This is the quickest possible route for your GC. Unless, ofcourse, you do not want to be with the company for another year or so because your relationship with the employer is strained.
Dear experts.. Need your advise..
I stayed in US for full 5 years on L1-B. After 5 years period I applied for H1-B and returned to Inida on 1-Jan-07. And I got H1-B in lottery. Below are my queries
1) My I-797 says that its valid for only one year till October 2008. What could be the reason. (Because I stayed 5 years in US? )
2) So is it advisable to go to stamping after 1-Jan-08? Or can I go for stamping now? I don't want to be in a situtation where I'll b given Visa till Jan'08?
3) Now my company wants to apply for L1-A. What happens to my current H1-B if L1 is applied?
Assuming applying L1 is not going to be invalidate my H1 papers,
4) If I go for L1 stamping, will it invalidate my H1-B papers?
5) If I come to US on L1, is it possible to change status to H1?
Any help will be greatly appreciated.
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Mayday
04-03 07:21 PM
You may be rejected to re-enter, as well as you may have your green card application declined based on this unlawful presence.
You should leave the USA on or before the date on your I-94 or have I-94 extended. Actually your employer must have done that.
Border patrol officer was at mistake to stamp that date on I-94 in the first place, but you should be aware of this and notify your employer so they could take action. Actually, I believe, you could get a new I-94 right away.
You need another lawyer on this issue if you are really concerned about filing green card application in the future. 3 years bar may not be that bad actually to make your green card happen sooner.
I would look into a possibility of complaint about border patrol officer improper posting however I am not sure if it may help.
You should leave the USA on or before the date on your I-94 or have I-94 extended. Actually your employer must have done that.
Border patrol officer was at mistake to stamp that date on I-94 in the first place, but you should be aware of this and notify your employer so they could take action. Actually, I believe, you could get a new I-94 right away.
You need another lawyer on this issue if you are really concerned about filing green card application in the future. 3 years bar may not be that bad actually to make your green card happen sooner.
I would look into a possibility of complaint about border patrol officer improper posting however I am not sure if it may help.
gg_ny
08-30 09:49 AM
I was in a similar scenario and this mail based on the advice I got from my
personal Immi lawyer and at-work paralegal filing H1B extension:
when you file H1B (new or extension) and then travel outside, the application becomes void. Period. This is so, even if you have valid stamp on your passport. Particularly for extension, the extension application becomes void and you need to file a new H1B if you have enough time out of six left and cap is not reached; and this should be done from home country.
None of my bussiness, but just a suggestion: if your work requires you to travel in and out of USA, why can't your employers pay for premium processing early 2007 so that you could travel on your current visa stamp until then. That means you would miss your travels for a month or so.
personal Immi lawyer and at-work paralegal filing H1B extension:
when you file H1B (new or extension) and then travel outside, the application becomes void. Period. This is so, even if you have valid stamp on your passport. Particularly for extension, the extension application becomes void and you need to file a new H1B if you have enough time out of six left and cap is not reached; and this should be done from home country.
None of my bussiness, but just a suggestion: if your work requires you to travel in and out of USA, why can't your employers pay for premium processing early 2007 so that you could travel on your current visa stamp until then. That means you would miss your travels for a month or so.
realist
11-19 02:10 PM
Were none of the people who tried from May of this year on this thread unsuccessful in getting their sibling here? Please help
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