anu_t
06-17 05:36 PM
I think after 180 Days you should be ok.
The problem is 12 years experience might not make you eligible for EB2. But The job requirement should fulfil EB2 requirement.
The problem is 12 years experience might not make you eligible for EB2. But The job requirement should fulfil EB2 requirement.
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Robert Kumar
02-24 03:18 AM
Hi-
I will be applying for my 3rd H1-B extension soon. If for some reason the H1-B renewal gets rejected, do rules allow for applying for a H1-B transfer soon after the rejection.
Thanks
Good Q. What happens in this case.
Also what happens if existing visa expired 4 months back, and current H1 B-renewal is pending for 6 months now. PP is an option, but what happens if the current H1B in processing gets denied. Will there be an RFE before denial.
Anybody waiting for 6 months for h1B approval.
Thank You,
Bobby.
I will be applying for my 3rd H1-B extension soon. If for some reason the H1-B renewal gets rejected, do rules allow for applying for a H1-B transfer soon after the rejection.
Thanks
Good Q. What happens in this case.
Also what happens if existing visa expired 4 months back, and current H1 B-renewal is pending for 6 months now. PP is an option, but what happens if the current H1B in processing gets denied. Will there be an RFE before denial.
Anybody waiting for 6 months for h1B approval.
Thank You,
Bobby.
jsb
10-29 02:49 PM
The online status of your H1 petition is irrelevant when you obtain a SSN card. If the SS people are making it a problem, what they are doing is ILLEGAL. They probably lack essential training for a SS employee. They should accept the notice you show them as proof of approval. If they do not, they are supposed to accept your application for a SS card pending further verification, where they manually contact USCIS and verify your approval (through electronic SAVE, or traditional SAVE forms).
If they refuse, demand to ask for a supervisor, and explain that online statuses sometimes never get updated because USCIS is not required to do so.
That is not true any more. They just accept your application pending verification. SS people are required to check in the system rather than relying your paper document. In Jan. 2003, there was a backlog for H1 data entries, and I had to wait for 3 months to get my SSN. They are not going to give you an SSN unless they can verify your case in the system they access.
If they refuse, demand to ask for a supervisor, and explain that online statuses sometimes never get updated because USCIS is not required to do so.
That is not true any more. They just accept your application pending verification. SS people are required to check in the system rather than relying your paper document. In Jan. 2003, there was a backlog for H1 data entries, and I had to wait for 3 months to get my SSN. They are not going to give you an SSN unless they can verify your case in the system they access.
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optimist578
04-10 12:03 PM
It is a new EAD and not an extension of your old EAD. You can go online and e-file and there is no need for a lawyer. As you have all your GC details including your Alien #, it is very straight forward.
Are you sure we can e-file ? How will we provide supporting documents like, copy of pending I-485, old EAD approval etc ? Is it safe to assume that USCIS will find out all those information by just Alien # ?
As far as I remember on the EAD filing instructions, they mention that employment based EADs are not eligible for e-filing. Or are they referring to H1Bs etc ?
Also, what if we don't get the new EAD before the current one expires ? Has anybody asked their lawyers ?
Are you sure we can e-file ? How will we provide supporting documents like, copy of pending I-485, old EAD approval etc ? Is it safe to assume that USCIS will find out all those information by just Alien # ?
As far as I remember on the EAD filing instructions, they mention that employment based EADs are not eligible for e-filing. Or are they referring to H1Bs etc ?
Also, what if we don't get the new EAD before the current one expires ? Has anybody asked their lawyers ?
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visli_com
06-25 11:23 AM
Please take the above poll.
In my case, company is paying for me alone. I have to pay attorney fee and filing fee for my wife.
my company is paying all except medical & (costly) Photos.
In my case, company is paying for me alone. I have to pay attorney fee and filing fee for my wife.
my company is paying all except medical & (costly) Photos.
GCA
05-18 06:04 PM
Since the queue for EB3 India is very long, and if many EB3 India people change over to EB2, that will slow down EB2 India and this is what the May 2011 Visa Bulletin also says.
But shouldnt this make EB3 India go faster?
Then why do we see slow movement in EB3 India?
EB3 is currently in mid 2002. All EB3 filers till 2003 and may be early 2004 have waited enough and don't want to port at this time. till mid 2003, most of them received the GC during 2007 From my perspective, I don't even care if it ever comes. Couple of more years on EAD and I am set to go back. Having said that, I will still take the gc anytime it comes and if comes:). Just not after it.
EB3 to EB2 porting is more done by filers from 2004 thru' 2007 and for a good reason too. ( they will not get in a decade if they stay in EB3 unless recapture or other bills goes thru').
So to answer the question, porting will not easy the traffic until the date moves to end of 2003, then you can see some improvement as some of the original EB3's have made a smart choice and probably weree citizens by then.
But shouldnt this make EB3 India go faster?
Then why do we see slow movement in EB3 India?
EB3 is currently in mid 2002. All EB3 filers till 2003 and may be early 2004 have waited enough and don't want to port at this time. till mid 2003, most of them received the GC during 2007 From my perspective, I don't even care if it ever comes. Couple of more years on EAD and I am set to go back. Having said that, I will still take the gc anytime it comes and if comes:). Just not after it.
EB3 to EB2 porting is more done by filers from 2004 thru' 2007 and for a good reason too. ( they will not get in a decade if they stay in EB3 unless recapture or other bills goes thru').
So to answer the question, porting will not easy the traffic until the date moves to end of 2003, then you can see some improvement as some of the original EB3's have made a smart choice and probably weree citizens by then.
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glores1970
09-22 08:25 AM
Hello,
Anybody has information to offer for such a case ?
Thanks.
Anybody has information to offer for such a case ?
Thanks.
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VivekAhuja
06-02 07:34 PM
No need of open ticket or anything like that. Just make sure they have all their papers intact and do not over stay. Days of Open Tickets are gone as far as POE or Consulate is concerned.
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gcobsessed
10-23 02:36 PM
Employment based GC is based on intent to work for sponsoring employer or similar profession. For most of us, who are retrogressed, we would have worked with sponsoring employer already for 4 to 5 years. the main issue here is whether sufficient intent existed at the time of filing 140 and 485. after having been in 485 filed status for long, it is natural for intent to change.
so, i do not see why full time MBA with 485 pending is an issue. the laws are quite unclear, for sure.
My understanding from my lawyer is that a person's intent while filing GC should be that he will work in that position "indefinitely". So, if intent changes before the application is approved, then one might argue that the application itself should be withdrawn or is invalid.
The regulations do seem clear on what kind of work one must take up immediately after GC is approved. But, how it is enforced and the consequences of not abiding by it are open to debate. It depends on the person's risk tolerance profile to act as he chooses...who knows what will happen 5+ years from now...
so, i do not see why full time MBA with 485 pending is an issue. the laws are quite unclear, for sure.
My understanding from my lawyer is that a person's intent while filing GC should be that he will work in that position "indefinitely". So, if intent changes before the application is approved, then one might argue that the application itself should be withdrawn or is invalid.
The regulations do seem clear on what kind of work one must take up immediately after GC is approved. But, how it is enforced and the consequences of not abiding by it are open to debate. It depends on the person's risk tolerance profile to act as he chooses...who knows what will happen 5+ years from now...
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vikramy
09-22 01:30 PM
This is what given by my Attorney apart from your labor approval. Better double check..
FOR FORM I-140
Copies of each of the following are acceptable as long as you can provide the originals if the INS so requests.
1. Letters of previous experience detailing dates of employment, title, and duties. Each letter must be on that employer�s letterhead, dated, and signed. Each letter must be in line with the experience shown on Form ETA 750-B of the Labor Certification Application. This may not apply if the Form I-140 is being filed directly from an L-1A visa.
2. All degree certificates, and relevant marksheets.
3. All Forms W-2 from the sponsoring employer.
4. Latest 3 paychecks from the sponsoring employer.
5. All H-1 and H-4 approval notices.
6. Visa and identification pages from the principal alien�s passport, and each member of the family who will be migrating.
7. Latest Form I-94 copies (clear and must show the date and place) of last entry for each migrating member of the family.
8. Filing Fees. These vary and the exact amount will be told to you at the time of submission.
FOR FORM I-140
Copies of each of the following are acceptable as long as you can provide the originals if the INS so requests.
1. Letters of previous experience detailing dates of employment, title, and duties. Each letter must be on that employer�s letterhead, dated, and signed. Each letter must be in line with the experience shown on Form ETA 750-B of the Labor Certification Application. This may not apply if the Form I-140 is being filed directly from an L-1A visa.
2. All degree certificates, and relevant marksheets.
3. All Forms W-2 from the sponsoring employer.
4. Latest 3 paychecks from the sponsoring employer.
5. All H-1 and H-4 approval notices.
6. Visa and identification pages from the principal alien�s passport, and each member of the family who will be migrating.
7. Latest Form I-94 copies (clear and must show the date and place) of last entry for each migrating member of the family.
8. Filing Fees. These vary and the exact amount will be told to you at the time of submission.
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permfiling
10-13 04:40 PM
What is the URL for checking the PERM case status?
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indigo10
10-25 02:32 PM
how do you get a copy of the approved i-140 if the employer is not willing to give it?
There is no straight way to get a copy of I140 approval notice. For all practical purposes the I140 reciept number will be sufficient(eg: To retain your priority date in case you file GC with another employer).
However, You can file a request using FOIA. Check the following threads.
http://immigrationvoice.org/forum/forum2-retrogression-priority-dates-and-visa-bulletins/1469-foia-to-get-copy-i-140-approval-notice.html
http://immigrationvoice.org/forum/forum105-immigrant-visa/1603609-foia-for-i-140-approval-notice.html
There is no straight way to get a copy of I140 approval notice. For all practical purposes the I140 reciept number will be sufficient(eg: To retain your priority date in case you file GC with another employer).
However, You can file a request using FOIA. Check the following threads.
http://immigrationvoice.org/forum/forum2-retrogression-priority-dates-and-visa-bulletins/1469-foia-to-get-copy-i-140-approval-notice.html
http://immigrationvoice.org/forum/forum105-immigrant-visa/1603609-foia-for-i-140-approval-notice.html
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kmkk2006
04-09 11:08 PM
Hi
There is no approval notice for PERM labor. USCIS puts the approval number and date on the application itself which contains the job duties. I hope this helps.
Thanks.
There is no approval notice for PERM labor. USCIS puts the approval number and date on the application itself which contains the job duties. I hope this helps.
Thanks.
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northstar1
07-26 02:25 PM
My company is going through a merger and it will be complete by third qtr of this year. I already filed my AOS on July 2nd.
I was told by my immigration attorney that if a buyer (new company) takeover all the immigration liabilities then I don't need to file an amendment. Is this correct?
yeah but the question is - assuming your PD becomes current and a visa number is available, will your i-485 be skipped over due to this new successor in interest i-140 pending approval, or is it simply looked at as supporting evidence, since you had a prior approved i-140, and the i-485 is therefore adjudicated.
What i'm trying to figure out is how the successor in interest i-140's are processed.
I was told by my immigration attorney that if a buyer (new company) takeover all the immigration liabilities then I don't need to file an amendment. Is this correct?
yeah but the question is - assuming your PD becomes current and a visa number is available, will your i-485 be skipped over due to this new successor in interest i-140 pending approval, or is it simply looked at as supporting evidence, since you had a prior approved i-140, and the i-485 is therefore adjudicated.
What i'm trying to figure out is how the successor in interest i-140's are processed.
more...
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gogreen39
07-24 04:29 PM
Hi ,
Our attorney mailed our applications to NSC on 7thJune and thru USPS tracking number, we know it has reached NSC on11th June early morning. Have called NSC 5 times in last 3weeks, but every time, I am told our data is not in the system.... Our attorney is asking us to hold on for some more time, till he hears from his bank if the checks have been encashed??? But till now, no news...
Kindly let us know, if anybody who have filed at same time and have not yet received any update???
Thanks in advance!!!!
Our attorney mailed our applications to NSC on 7thJune and thru USPS tracking number, we know it has reached NSC on11th June early morning. Have called NSC 5 times in last 3weeks, but every time, I am told our data is not in the system.... Our attorney is asking us to hold on for some more time, till he hears from his bank if the checks have been encashed??? But till now, no news...
Kindly let us know, if anybody who have filed at same time and have not yet received any update???
Thanks in advance!!!!
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07-11 02:09 PM
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bheemi
07-27 12:20 PM
[QUOTE=desi485]I forgot it initially and later realized that. fortunately my lawyer was still reviewing my papers (almost 4 weeks). so I sent him new copies. He included new copies and discarded old one. .Also some one told me that it should match what you specified in DS-156 at the time of visa interview. IS THIS TRUE?[/QUOTE
Donot even worry about it man..You are unnecessarily owrried about it and worry others also..
Enjoy...
Donot even worry about it man..You are unnecessarily owrried about it and worry others also..
Enjoy...
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ronhira
12-19 09:15 AM
History channel premiered a program "Naturalized" yesterday (12/18). They covered people from so man y different walks of life facing so many different problems to get GC and citizenship. But in the 90 minute program there was no coverage on how our community is struggling and no mention about the plight of the employment based category.
Makes me wonder if there is enough awareness about our cause.
other than just wondering ...... what else r u going to do about this lack of awareness?
Makes me wonder if there is enough awareness about our cause.
other than just wondering ...... what else r u going to do about this lack of awareness?
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shx
09-27 11:11 PM
Hi Everyone
I got an RFE for my I140 filed in September 2006. They asked me to show my W2 for 2006 and also show that the employer had the ability to pay the offered wage in case my W2 is less than the offered wage.
My W2 has 8k less than the offered wage. My company has not yet filed 2006 Taxes. Can you tell me whats the best thing to do? My employer has good revenue, but I guess he has been showing a net loss every year.
Please help me out. Tell me if any of you have gone through similar issues.
Thanks!
I got an RFE for my I140 filed in September 2006. They asked me to show my W2 for 2006 and also show that the employer had the ability to pay the offered wage in case my W2 is less than the offered wage.
My W2 has 8k less than the offered wage. My company has not yet filed 2006 Taxes. Can you tell me whats the best thing to do? My employer has good revenue, but I guess he has been showing a net loss every year.
Please help me out. Tell me if any of you have gone through similar issues.
Thanks!
HRPRO
02-23 10:46 AM
HRPRO
These are documents which have to be carried. There is no confirmation that he/she wil be asked but if asked they have the documents on hand. I got stuck in immigration for 4 hours when they asked me all the above documents. So i believe in better safe than sorry
On a side note this happened when i was travelling back from India via Lufthansa
Makes sense but a couple of my friends who traveled during the winter break and came back through ATL did not have an issue, so that was where I was coming from.
These are documents which have to be carried. There is no confirmation that he/she wil be asked but if asked they have the documents on hand. I got stuck in immigration for 4 hours when they asked me all the above documents. So i believe in better safe than sorry
On a side note this happened when i was travelling back from India via Lufthansa
Makes sense but a couple of my friends who traveled during the winter break and came back through ATL did not have an issue, so that was where I was coming from.
rjgleason
July 19th, 2004, 03:33 AM
No, no, please don't change anything, I'm just kidding!!
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I know you are kidding!!!
More semi-nudes would be cool though. :p
I know you are kidding!!!
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