laststraw
06-22 05:59 PM
Here are my case details
1. Labor approved with job role 1 with priority date of June-2004
2. I-140 EB2 filed - denied - appealed in May 2008 and is with AAO (I485 denied due to this)
3. I-140 EB3 filed for same labour in May 2008 - pending as NSC won't rule on this case until the AAO
4. Moved to a job role 2 which is 90 percent different from job role 1 with same company in Jan 2010 (forced to do it as my previous job role has been outsourced). Changed H1B to job role 2 and have initiated PERM process (got PWD and in the advt phase).
Here is my question:
I believe that there is very little chance for my EB2 I140 appeal will come through. But if it comes through, I don't want to re-open my I485 even though the EB2 date is current for this, as my job role has changed. Would I still be able to port the priority date from the approved EB2 for job role 1 to the new GC process with job role 2 (after my I140 for job role 2 is approved)?
Any thoughts on this is appreciated.
Thanks,
laststraw
1. Labor approved with job role 1 with priority date of June-2004
2. I-140 EB2 filed - denied - appealed in May 2008 and is with AAO (I485 denied due to this)
3. I-140 EB3 filed for same labour in May 2008 - pending as NSC won't rule on this case until the AAO
4. Moved to a job role 2 which is 90 percent different from job role 1 with same company in Jan 2010 (forced to do it as my previous job role has been outsourced). Changed H1B to job role 2 and have initiated PERM process (got PWD and in the advt phase).
Here is my question:
I believe that there is very little chance for my EB2 I140 appeal will come through. But if it comes through, I don't want to re-open my I485 even though the EB2 date is current for this, as my job role has changed. Would I still be able to port the priority date from the approved EB2 for job role 1 to the new GC process with job role 2 (after my I140 for job role 2 is approved)?
Any thoughts on this is appreciated.
Thanks,
laststraw
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sk.aggarwal
04-04 04:07 PM
As far as I know, there is no grace period. USCIS may choose to ignore a reasonable gap or may approve without I-94. Dont worry about that for now. Talk to friends/family and others and just find someone to sponsor. But if you are not able to find someone to sponsor even after few weeks, you will have to leave US. Sorry mate and Best of Luck.. just be quick and you will fine
SGP
12-06 11:29 AM
My employer sent the documents for my H1b extension today to USCIS and they applied it through premium process, can anyone please let me know how many days it will take to get the Receipt notice both in Email and hardcopy?
My H1b expires on Dec 15th 2010 and if I wont get my receipt notice by than can I stay in US legally or should I have to leave US?
Please let me know your suggestion.
H1b extension Receipt Notice issue time in PP
You will get the acknowledgment within 3 to 4 days of receipt.
If you do not get receipt, then you are out of status and will have to leave the country. But don't worry you will have the receipt before Dec 15. BTW which center did you apply to?
My H1b expires on Dec 15th 2010 and if I wont get my receipt notice by than can I stay in US legally or should I have to leave US?
Please let me know your suggestion.
H1b extension Receipt Notice issue time in PP
You will get the acknowledgment within 3 to 4 days of receipt.
If you do not get receipt, then you are out of status and will have to leave the country. But don't worry you will have the receipt before Dec 15. BTW which center did you apply to?
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chinna2003
05-14 11:01 PM
I have EAD through my wifes employment under Eb3 category with a PD 2005. we are expecting a baby in september, so
There is an option to avail a child care leave(4 years) and the employer will hold the job as this is official policy of the organization that belongs to a state government.Will there be a problem then being in AOS and not working and moreover recently received a RFE for EVL 2 weeks ago and we submitted it already?
There is an option to avail a child care leave(4 years) and the employer will hold the job as this is official policy of the organization that belongs to a state government.Will there be a problem then being in AOS and not working and moreover recently received a RFE for EVL 2 weeks ago and we submitted it already?
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syedajmal
01-28 11:46 PM
I am in a similar situation and need to travel. Applied for my AP on Apr/20/2010. I have put in an expedited request a week ago but still no response. Just booked an Infopass appointment for Feb/04/2011. Wanted to make it is fine and any suggestions on what I should carry with me.
Thanks in advance,
-Syed
Thanks in advance,
-Syed
theshiningsun
06-30 11:12 AM
i live in Dublin OH.
i am planning to meet the senators after 4th of july w.r.t the IV action item at http://immigrationvoice.org/forum/news-articles-reports/97274-grim-future-awaits-legal-immigrants-pull-up-your-socks.html
i want to try and get ppl around to this.
does the OH state chapter hv any plans to take this up?
thx in advance,
i am planning to meet the senators after 4th of july w.r.t the IV action item at http://immigrationvoice.org/forum/news-articles-reports/97274-grim-future-awaits-legal-immigrants-pull-up-your-socks.html
i want to try and get ppl around to this.
does the OH state chapter hv any plans to take this up?
thx in advance,
more...
apahilaj
09-24 03:30 PM
It depends on the I-140 you requested USCIS to consider while you aplied for I-485. There is some process called interifling, where you can later request USCIS to use the I-140 with better priority date against the I-485 so you can avoid multiple I-485.
hello Jai_Immigration,
I am in a similar situation and was wondering if you have any idea...I had applied for my 485 using an approved I140. Last year I had another I140 applied (since the first 140 application was about to get denied) and this application is still pending at USCIS. USCIS has sent an RFE on this second application last week (which my lawyer hasn't received yet).
Do you think this second I140 application will cause any effect on my 485 application? I had used my first 140 which was approved for my 485 application.
Thanks.
hello Jai_Immigration,
I am in a similar situation and was wondering if you have any idea...I had applied for my 485 using an approved I140. Last year I had another I140 applied (since the first 140 application was about to get denied) and this application is still pending at USCIS. USCIS has sent an RFE on this second application last week (which my lawyer hasn't received yet).
Do you think this second I140 application will cause any effect on my 485 application? I had used my first 140 which was approved for my 485 application.
Thanks.
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hibworker
06-21 05:03 PM
I agree the right way for Company B was to apply for concurrent H1-B that will allow you to work part time for Company B while working full time with Company A.
Please verify that this is indeed the case with Company B's petition.
Please verify that this is indeed the case with Company B's petition.
more...
aachoo
03-20 12:22 AM
Well a company can be sued for any reason. I do not control the day to day activity apart from IT stuff.
My question specifically, if the company is sued, since I am a minority owner will I have to do rounds in the court appear before a judge etc..will I be summoned! Or only the executives majority shareholders are summoned.
(No I am not talking about a body shop and this is a small financial firm)
Usually owners are not liable when it is a corporation you are talking about. That is the whole point of being a limited liability company. Separating ownership from management is another key difference from a Proprietorship and a Corporation. Management maybe liable if they commit fraud. Think when Enron went under, the shareholders were hosed. They did not get dragged to court. The execs did.
-a
My question specifically, if the company is sued, since I am a minority owner will I have to do rounds in the court appear before a judge etc..will I be summoned! Or only the executives majority shareholders are summoned.
(No I am not talking about a body shop and this is a small financial firm)
Usually owners are not liable when it is a corporation you are talking about. That is the whole point of being a limited liability company. Separating ownership from management is another key difference from a Proprietorship and a Corporation. Management maybe liable if they commit fraud. Think when Enron went under, the shareholders were hosed. They did not get dragged to court. The execs did.
-a
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goel_ar
08-08 08:38 AM
I have exactly similar statistics as below case except I-140 filing date = May 10, 2008.
Can I expect something soon, if there is no RFE? Mine is at TSC too.
http://www..com/discuss/140/76287871/
Can I expect something soon, if there is no RFE? Mine is at TSC too.
http://www..com/discuss/140/76287871/
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gc4me
07-08 10:17 AM
YOU ARE NOT CURRENT . June visa bulletin is over on 30th June. Starting from JULY all EB3 is unavailable.
And I was in the same boat since last 3 months but not got my approval.
No second thought for you other than renewing you EAD/AP.
I'm from Bangldesh
EB3
My PD is may 2006
I already received my EAD, AP
even last month the Mar 2006 was current. Any chance that my I485 will be approved in short time. My H1b is also expiring on October 2008. Should i renew it or just wait for my I485 approval....
Please advice me gurus....
And I was in the same boat since last 3 months but not got my approval.
No second thought for you other than renewing you EAD/AP.
I'm from Bangldesh
EB3
My PD is may 2006
I already received my EAD, AP
even last month the Mar 2006 was current. Any chance that my I485 will be approved in short time. My H1b is also expiring on October 2008. Should i renew it or just wait for my I485 approval....
Please advice me gurus....
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dbevis
January 20th, 2004, 03:23 PM
Let's hope that it means the next offering from Canon comes in at about that same price point (about USD$2000). Maybe they (Kodak) know something?
More likely it a natural fallout of their recent announcements regarding their positioning (or non positioning) as a camera maker.
Don
More likely it a natural fallout of their recent announcements regarding their positioning (or non positioning) as a camera maker.
Don
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go_gc_way
11-25 05:16 PM
Not to discourage any one but , my understanding from this forum is nothing with respect to RETROGRESSION and THUS OF SKILLED PEOPLE LEAVING THE SHORES will be done in the Lame duck session.
I wish some one prove me wrong and let us know if there is any new news.
Hello ,
It is unrealistic to expect something to happen with out participation. My sincere REQUEST to "YOU" all is
i) BECOME A MEMBER : If you are guest and visiting this site to know about retrogression and your self waiting for a green card and stuck due to retrogression, become a member and participate the forum.
ii)TELL YOUR FRIENDS : If you are member and have not told about this forum to your other retrogression stuck friends/collegues, please do so.
iii) CONTRIBUTE : if you are a member, and have not contributed, please think of contributing
iv) PARTICIPATE : participate this forum more actively with your comments.
It has been the appeal of IV core team MANY times for i), ii) & iii) above.
Also I have seen on many web sites related to green cards, it is suggested to come forward and let know your problems .. Things otherwise, may not happen magically.
Friends on the forum, who think likewise and IV team, please add/correct my comments.
-- From a IV member
I wish some one prove me wrong and let us know if there is any new news.
Hello ,
It is unrealistic to expect something to happen with out participation. My sincere REQUEST to "YOU" all is
i) BECOME A MEMBER : If you are guest and visiting this site to know about retrogression and your self waiting for a green card and stuck due to retrogression, become a member and participate the forum.
ii)TELL YOUR FRIENDS : If you are member and have not told about this forum to your other retrogression stuck friends/collegues, please do so.
iii) CONTRIBUTE : if you are a member, and have not contributed, please think of contributing
iv) PARTICIPATE : participate this forum more actively with your comments.
It has been the appeal of IV core team MANY times for i), ii) & iii) above.
Also I have seen on many web sites related to green cards, it is suggested to come forward and let know your problems .. Things otherwise, may not happen magically.
Friends on the forum, who think likewise and IV team, please add/correct my comments.
-- From a IV member
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MONCYS
03-28 06:22 PM
If the employer agrees not to revoke the 140, Can I change the employer after getting EAD. 485 application is pending but less than 180 days.
My project is getting over, and it seems hard to find a h1b job.
pls advice
My project is getting over, and it seems hard to find a h1b job.
pls advice
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techskill
07-10 10:18 AM
I filed my AP on April 29th,2008. I had one LUD on July 8th , the status was case pending and another one today,today status changed to
Application Type: I131, APPLICATION FOR USCIS TRAVEL DOCUMENT
Current Status: Document mailed to applicant.
On July 10, 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.
Any idea what does this mean? Is it approved or something else.
Application Type: I131, APPLICATION FOR USCIS TRAVEL DOCUMENT
Current Status: Document mailed to applicant.
On July 10, 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.
Any idea what does this mean? Is it approved or something else.
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ns521
12-22 09:32 AM
If the gap between arriving on B2 and converting to H1B was less than 3 months, there could be a problem with "intent" as H1 is considered a dual intent (temporary non-immigrant worker who may have the intention of applying for a permanent immigrant visa i.e., GC) visa while B2 is not. While filling up the B2 application, there is a question which we need to answer NO asking this very question. I assume your wife answered NO during the B2 process. So, with H1 in less than 3 months (if this is the case) or arrival, she has "lied" in her B2 application as per the immigration laws.
I may be wrong.Please consult an attorney if needed.
Where did you bring that number(3 months),is it listed on any USCIS websites?I've read somewhere 2 months,not 3 months...anybody knows?
Thanks
I may be wrong.Please consult an attorney if needed.
Where did you bring that number(3 months),is it listed on any USCIS websites?I've read somewhere 2 months,not 3 months...anybody knows?
Thanks
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reddymjm
05-21 10:01 AM
EB3 getting a spillover is highly unlikely, atleast this year.
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sunny1000
02-22 12:58 PM
Please post this at lawyer's section ("Ask a lawyer for free") so that an attorney can help you answer the questions.
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jangolouis
03-19 10:55 AM
I went for H1B stamping, but i know a friend of mine went for F1 (PhD) extension and had to go through the same process. I called Dept. of State multiple times, dont expect a polite response. They may even say it may take years. Thats what they told me the day before i got the visa. Dont worry your wife will get the visa eventually. Tell her to enjoy India in the mean time like i did on my forced vacation.
Ann Ruben
06-18 07:17 PM
If your wife wants to transfer to a cap-subject employer, she will only be able to do so if the H-1 quota for the fiscal year has not been used up. If the H-1 cap has not been reached then transferring from a cap-exempt employer is no more difficult than transferring from a cap-subject employer. (though the new start date would have to be Oct. 1 or later)
nirajnp
06-02 05:25 PM
Thanks Aranya..
Reg. ques 2 - Let me rephrase it
This is my wife's first H1B which is valid for 3 years ( started in Oct 2005 - Oct 2008). If she does COS to H4 now (June 2008) and if she plans to COS to H1 next year (Lets say March 2009), then will her new H1 application still be considered against the H1B cap (cos her first h1b must have expired in Oct 2008)?
Where can I find the 2005/2006 Memo ?
Reg. ques 2 - Let me rephrase it
This is my wife's first H1B which is valid for 3 years ( started in Oct 2005 - Oct 2008). If she does COS to H4 now (June 2008) and if she plans to COS to H1 next year (Lets say March 2009), then will her new H1 application still be considered against the H1B cap (cos her first h1b must have expired in Oct 2008)?
Where can I find the 2005/2006 Memo ?
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