brawn81
08-11 10:45 AM
Hi WillWin,
Can you add 2002,2003,2004 also, so that its easy to estimate for the later dates and count how many are ahead of us..
Can you add 2002,2003,2004 also, so that its easy to estimate for the later dates and count how many are ahead of us..
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shsk
07-17 08:01 PM
So, are we again planning to send flowers or thank you card to Emilio
logiclife
07-23 11:11 AM
I am moving/transfer to another state within the same company in same position within US. My 140 is approved and 485 filed on July 2nd, 2007 My question:
Would my transfer affect my 485 processing. If yes, is there a solution?
GUYS: Do not advise if you dont know AC21 portability for sure.
To CanadianIndian:
No. Nothing will be impacted. You can move to a new location.
During the first 180 days:
You can move to any location or to a new employer. The only thing is that during first 180 days, your current GC sponsor employer can revoke your 140 and make your GC petition junk. However, since you are not doing it and only changing location you should be fine. You need to stick to the same job description.
After 180 days of filing:
You can move to any location or to a new employer. However after 180 days of 485 filing, you dont need your employer's co-operation because the employer cannot revoke your 140. Also, he cannot do anything about your pending greencard. You still do need to stay within the same job description at new location and new employer.
If you 485 is approved in less than 180 days:
This is very unlikely to happen to candidates from India and China. Mostly this happens to ROW applicants. However, if your 485 is approved in less than 180 days from filing, then you do not have the option of invoking your AC21 portability options. Therefore, you MUST go back to the location for which your GC was filed and work there atleast for 6-8 weeks. (The location mentioned in your labor cert.). In some cases, in consulting, the labor cert mentions a vague location such as "Unanticipated locations across US" -- in that case, you may not have to go back anywhere but please check with your lawyer if that is the case on your labor cert.
Would my transfer affect my 485 processing. If yes, is there a solution?
GUYS: Do not advise if you dont know AC21 portability for sure.
To CanadianIndian:
No. Nothing will be impacted. You can move to a new location.
During the first 180 days:
You can move to any location or to a new employer. The only thing is that during first 180 days, your current GC sponsor employer can revoke your 140 and make your GC petition junk. However, since you are not doing it and only changing location you should be fine. You need to stick to the same job description.
After 180 days of filing:
You can move to any location or to a new employer. However after 180 days of 485 filing, you dont need your employer's co-operation because the employer cannot revoke your 140. Also, he cannot do anything about your pending greencard. You still do need to stay within the same job description at new location and new employer.
If you 485 is approved in less than 180 days:
This is very unlikely to happen to candidates from India and China. Mostly this happens to ROW applicants. However, if your 485 is approved in less than 180 days from filing, then you do not have the option of invoking your AC21 portability options. Therefore, you MUST go back to the location for which your GC was filed and work there atleast for 6-8 weeks. (The location mentioned in your labor cert.). In some cases, in consulting, the labor cert mentions a vague location such as "Unanticipated locations across US" -- in that case, you may not have to go back anywhere but please check with your lawyer if that is the case on your labor cert.
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dorairajsuresh
04-16 03:09 PM
i am in similar situation for my wife too ... she entered in h4 but is working on EAD now. So, could someone plz let me know wat is her current immigration status ? cos, i don't see a status "EAD" on the dropdown when I try to eFile.
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masti_Gai
01-05 02:54 PM
Oh i didn't know about this. Good I can tell my buddies who keep pestering me to help them in their intention of changing their status when ever they come here on Business visit.:)
Prashanthi
08-27 03:29 PM
[.....Before your H-1 gets denied and before you move to EAD, it is important to change her status to F1, you can do this as long as her H-4 I-94 has not expired. You will need your latest Paystubs and H-1 approval to do this. ...]
My H1B visa may be getting expired Sep4th....but her old H4 approval is valid until 2011.
Is she safe even my visa (H1B) expired on 4th Sept.
If I apply F1 (Student Visa) now...it will take another 45 days to get F1 approval from INS.
So....what happens to her status? Is she valid to stay until she gets F1 approval notice?
~Thanks in advance
You have to file her F-1 before your H-1 expires or gets denied, also you might need to show that she will continue to be on H-4 as of the date that classes start (based on you being on valid H-1 status). If this is not possible i suggest you file a change of status to B-2 and then you can decide what needs to be done, this will give you some breathing room.
My H1B visa may be getting expired Sep4th....but her old H4 approval is valid until 2011.
Is she safe even my visa (H1B) expired on 4th Sept.
If I apply F1 (Student Visa) now...it will take another 45 days to get F1 approval from INS.
So....what happens to her status? Is she valid to stay until she gets F1 approval notice?
~Thanks in advance
You have to file her F-1 before your H-1 expires or gets denied, also you might need to show that she will continue to be on H-4 as of the date that classes start (based on you being on valid H-1 status). If this is not possible i suggest you file a change of status to B-2 and then you can decide what needs to be done, this will give you some breathing room.
more...
bitzbytz
07-13 03:14 PM
do i need to send flowers to everyone so that you can ignore this thread...i agree that this forum is not the place for my question. i hope u understand.
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meridiani.planum
06-29 03:27 PM
inline...
I have been trying hard to get an answer for this question without any luck. My corporate attorney doesn't seem to have the slightest inclination on this subject. I would really appreciate responses.
My case details:
Visa on the passport up until Feb 2009
6 year term ending on Feb 2010
Date on I94 in passport is Feb 2010
I140/I485 concurrently applied on July 07
Currently have EB3 I-140 filed based on Substitute Labor at NSC.
Questions -
1. If my I-140 case gets picked up AFTER Feb 2009 (less than 365 days of H1 6 year term ending) and is denied (God forbid!), will I be eligible to file for a post 6 year H1 extension? Since this is Labor Sub, the labor doesn't have my name on it.
No. once the I-140 goes, its the end of that GC process, you will need to restart from LC stage. The LC would also be effectively gone at that point.
2. If yes for (1), will I be eligible for 1 year or 3 years H1 extension?
If its denied, you can file an MTR/appeal and file for an H1 extension. File the extension in premium processing, and the extension will come through before your MTR is processed and will be for one year. you need to be at the stage where you can file the extension (within 6 months of expiry of current H1)
3. Can I file for a new PERM at that time and get an extension based on that?
Your PERM PD will need to be 365 days old. Meaning you will need to start the PERM process atleast 16-14 months before the end of your H1. The other hope is that before Feb 2010 your PERM comes through and also your I-140 gets approved (so you can get 3 year extensions if your are from a retrogressed country and 1 if you are not)
4. Do I need to refile I-485?
If that I-140 is denied, the I-485 automatically goes. So you'll need to restart from PERM, I-140, then file a I-485; its a complete restart of the GC. Your PD will be the new date, you cant recapture the old one if your I-140 is not approved.
I have been trying hard to get an answer for this question without any luck. My corporate attorney doesn't seem to have the slightest inclination on this subject. I would really appreciate responses.
My case details:
Visa on the passport up until Feb 2009
6 year term ending on Feb 2010
Date on I94 in passport is Feb 2010
I140/I485 concurrently applied on July 07
Currently have EB3 I-140 filed based on Substitute Labor at NSC.
Questions -
1. If my I-140 case gets picked up AFTER Feb 2009 (less than 365 days of H1 6 year term ending) and is denied (God forbid!), will I be eligible to file for a post 6 year H1 extension? Since this is Labor Sub, the labor doesn't have my name on it.
No. once the I-140 goes, its the end of that GC process, you will need to restart from LC stage. The LC would also be effectively gone at that point.
2. If yes for (1), will I be eligible for 1 year or 3 years H1 extension?
If its denied, you can file an MTR/appeal and file for an H1 extension. File the extension in premium processing, and the extension will come through before your MTR is processed and will be for one year. you need to be at the stage where you can file the extension (within 6 months of expiry of current H1)
3. Can I file for a new PERM at that time and get an extension based on that?
Your PERM PD will need to be 365 days old. Meaning you will need to start the PERM process atleast 16-14 months before the end of your H1. The other hope is that before Feb 2010 your PERM comes through and also your I-140 gets approved (so you can get 3 year extensions if your are from a retrogressed country and 1 if you are not)
4. Do I need to refile I-485?
If that I-140 is denied, the I-485 automatically goes. So you'll need to restart from PERM, I-140, then file a I-485; its a complete restart of the GC. Your PD will be the new date, you cant recapture the old one if your I-140 is not approved.
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sachinjohri
04-03 03:11 PM
No problem , you will get the Canadian Visa , while coming back to US , you have to show your AP
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Gravitation
01-02 01:00 PM
On H1 you can setup business, invest in , take profits ,but you should not be on payroll ( in otherwords you cannot be an employee of your own company based on H1 status ).
What you say is mostly correct. Something needs to be added: You can found a company and it can sponosor you for your H1B (even if it's for a part time job)... and you can work for it... but... it should be a genuine company and it's aim shouldn't be solely to sponsoer you for H1B. Very very severe scrutiny of all docs and all stages expected... making it practically a very very long shot.
What you say is mostly correct. Something needs to be added: You can found a company and it can sponosor you for your H1B (even if it's for a part time job)... and you can work for it... but... it should be a genuine company and it's aim shouldn't be solely to sponsoer you for H1B. Very very severe scrutiny of all docs and all stages expected... making it practically a very very long shot.
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mingan
12-19 02:10 PM
Jut get a notorized letter from a ex-employee preferable lead and manager. Also it would be nice if she/he gives it in letter head
you mean ex-employee on his current employer's letter head? does it work?
you mean ex-employee on his current employer's letter head? does it work?
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abheja
08-25 04:59 PM
Is a lawyer necessary to file PERM? What are the cons of not hiring a lawyer and doing it ourselves?
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angelfire76
06-04 02:53 PM
A friend of mine who's an account manager with Wipro said that all their H1 extensions have received multiple RFEs, with the standard wording on each RFE (client contract details, no. of people working at that location, immigration status of the people working at that location, demonstrate that the job is a specialty occupation (H1Bs for janitors anybody? ) ), client letter (even if the H1B is for a project starting 2 months down the line with a valid SOW)
Looks like the adjudicating officers have a standard template which they issue to all non-product companies as RFE. It's plain harassment that's all foolishly thinking that if we drive the H1Bs out then automatically the companies will be forced to hire locally. What they don't understand is that the companies will offshore even more work, as already being done by hiring one GC guy to co-ordinate the rest of the team in India. :rolleyes:
Looks like the adjudicating officers have a standard template which they issue to all non-product companies as RFE. It's plain harassment that's all foolishly thinking that if we drive the H1Bs out then automatically the companies will be forced to hire locally. What they don't understand is that the companies will offshore even more work, as already being done by hiring one GC guy to co-ordinate the rest of the team in India. :rolleyes:
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desi3933
08-18 09:12 AM
Gurus,
Sorry.. I just received the letter received from USCIS.. Its mentioned as "NOTICE TO INTENT TO DENY(NOID)".
The reason specified in the letters:
- Section 203(b)(2)(A)
- 8 C.F.R 204.5(l)(3)(ii)(C)
........
Here is the definition from USCIS regulations (refer to 8 CFR �204.5 (k) (2)) for advanced degree equivalency: "Advanced degree means any United States academic or professional degree or a foreign equivalent degree above that of baccalaureate."
The key word here is degree, i.e., singular degree. That means - the beneficiary must have �a degree�, not a combination of degrees. Combination of degrees, therefore, is not permitted for EB-2 Advanced Degree classification.
I have written many times on this issue, please refer to my old posts for more details.
______________
Not a legal advice.
Sorry.. I just received the letter received from USCIS.. Its mentioned as "NOTICE TO INTENT TO DENY(NOID)".
The reason specified in the letters:
- Section 203(b)(2)(A)
- 8 C.F.R 204.5(l)(3)(ii)(C)
........
Here is the definition from USCIS regulations (refer to 8 CFR �204.5 (k) (2)) for advanced degree equivalency: "Advanced degree means any United States academic or professional degree or a foreign equivalent degree above that of baccalaureate."
The key word here is degree, i.e., singular degree. That means - the beneficiary must have �a degree�, not a combination of degrees. Combination of degrees, therefore, is not permitted for EB-2 Advanced Degree classification.
I have written many times on this issue, please refer to my old posts for more details.
______________
Not a legal advice.
more...
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HOPE_GC_SOON
06-05 06:27 PM
Hi
What is is your 140 Filing Date and which center ?? When did you see Status change online. Did you see any change, while the appln. is being taken for processing.
Actually, my question, is my 140 went to TSC on Aug 29, 2007 (From NSC), As per latest procesing statistics, I see, upto Aug 26,2007, cases were cleared by May 15th. My case, must have been taken for processing by now. But I donot see any Status Change.
Donot know, how correct are these Processing Statitstics. Did 140 processing Date go back in TCS. How do I know, approx. date of my 140 clearance. I am really in need of the same, as I am running a tough situation.:mad::o
Appreciate any inputs to this situation of mine. :)
thanks.
My I-140 was approved on 5/8/2008 and my attorney received the original approval notice on 5/14/2008. The online status on uscis website was like "approved, approval notice sent" at that time. But since 5/22/2008, the onlien status changed again into:
Application Type: I140, IMMIGRANT PETITION FOR ALIEN WORKER
Current Status: Document mailed to applicant.
On May 22, 2008 we mailed the document to the address we have on file. You should receive the new document within 30 days. If you do not, or if you move before you get it, call customer service.
Anybody has any idea what this "New document" could be? My attorney said he has not received anything yet. Thanks in advance.
What is is your 140 Filing Date and which center ?? When did you see Status change online. Did you see any change, while the appln. is being taken for processing.
Actually, my question, is my 140 went to TSC on Aug 29, 2007 (From NSC), As per latest procesing statistics, I see, upto Aug 26,2007, cases were cleared by May 15th. My case, must have been taken for processing by now. But I donot see any Status Change.
Donot know, how correct are these Processing Statitstics. Did 140 processing Date go back in TCS. How do I know, approx. date of my 140 clearance. I am really in need of the same, as I am running a tough situation.:mad::o
Appreciate any inputs to this situation of mine. :)
thanks.
My I-140 was approved on 5/8/2008 and my attorney received the original approval notice on 5/14/2008. The online status on uscis website was like "approved, approval notice sent" at that time. But since 5/22/2008, the onlien status changed again into:
Application Type: I140, IMMIGRANT PETITION FOR ALIEN WORKER
Current Status: Document mailed to applicant.
On May 22, 2008 we mailed the document to the address we have on file. You should receive the new document within 30 days. If you do not, or if you move before you get it, call customer service.
Anybody has any idea what this "New document" could be? My attorney said he has not received anything yet. Thanks in advance.
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Desichakit
07-22 09:29 AM
You are correct Pappu. I totally agree with you.
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freakin_gc
03-12 05:46 PM
If you are looking for career change PT MBA is not a good option,you can do PT MBA if you are typically further along in career, often on track for advancement to senior management and you need to balance heavy course load in addition to work and family. I'll be graduating this May from Wharton (Executive MBA) I'm already started getting lucrative offers from consulting firms but unfortuately my I-140 is still pending
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uslegals
11-05 02:42 PM
My EAD & AP application reached NSC on 8/7/2007..TODAY - 11/5 is the 90th. day.! I am done with FP 2 weeks ago. 90 days is counted from " RECD. DATE " right and not
" Notice Date..." ? Since USCIS is supp. to process EAD's within 90 days and they have not for me - i am planning to take INFOPASS appt for EAD.! Can i schedule a AP appt. for the same day.?
" Notice Date..." ? Since USCIS is supp. to process EAD's within 90 days and they have not for me - i am planning to take INFOPASS appt for EAD.! Can i schedule a AP appt. for the same day.?
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techbuyer77
06-12 05:55 PM
Hi all,
I recently changed my company and joined one of the big 5.I already have my labor and I-140 approved from the previous employer.My eb3 date has become current.My previous empolyer is willing to continue my I-485 from his company. If I go ahead and file from his company, will I be able to use AC21 after 180 days? eventhough I don't work for him at the time of filing my I-485.
I'll really appreciate any thoughts n comments on ma situation
yes
I recently changed my company and joined one of the big 5.I already have my labor and I-140 approved from the previous employer.My eb3 date has become current.My previous empolyer is willing to continue my I-485 from his company. If I go ahead and file from his company, will I be able to use AC21 after 180 days? eventhough I don't work for him at the time of filing my I-485.
I'll really appreciate any thoughts n comments on ma situation
yes
ca_immigrant
05-16 04:17 PM
thanks for the replies again...
Guess if mailing out of the country is an option I should ask my friend to do it, guess FEDEX or UPS is quite reliable.
So If I am lucky and my case gets picked/approved while in India then I can get the card mailed there...
but in any case, I have asked my company's lawyer also, will post here once I hear back from him...
Now begins another waiting game ...
Guess if mailing out of the country is an option I should ask my friend to do it, guess FEDEX or UPS is quite reliable.
So If I am lucky and my case gets picked/approved while in India then I can get the card mailed there...
but in any case, I have asked my company's lawyer also, will post here once I hear back from him...
Now begins another waiting game ...
amsgc
12-18 08:07 PM
I have flown KLM to India through Schipol (Sep 07) with an expired visa on my passport old passport and no visa on the new passport. Nobody asked me any questions.
Thanks a lot for your reply.
This does help.
Regards
Thanks a lot for your reply.
This does help.
Regards
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