kaisersose
05-29 11:17 AM
Gurus,
I currently have an EAD (Received it in September 07) and my PD is July 2003 and I am on EB3. I am close to getting an offer with another company and I have a few questions:
1. My EAD is up for renewal and will there be any problems renewing it If either I am with a new employer or in between jobs when the application is being submitted?
2. My current employer will hand me my I-140. Can I restart my GC process with my new employer and still maintain my old PD of July 2003?
3. If I restart my GC process, do I have to start my Labor and I-140 as well or do I just re-file my 485?
Thank You for answering my questions.
KC Indian
1. My EAD is up for renewal and will there be any problems renewing it If either I am with a new employer or in between jobs when the application is being submitted?
-- No.
2. My current employer will hand me my I-140. Can I restart my GC process with my new employer and still maintain my old PD of July 2003?
-- You do not have to restart anything if it has been 180 days since 485 filing and I assume it is the case as you have an EAD since last year.
3. If I restart my GC process, do I have to start my Labor and I-140 as well or do I just re-file my 485?
-- You are fine as you are. There is need to restart anything. The provision is called AC21 and you can google it for more info.
I currently have an EAD (Received it in September 07) and my PD is July 2003 and I am on EB3. I am close to getting an offer with another company and I have a few questions:
1. My EAD is up for renewal and will there be any problems renewing it If either I am with a new employer or in between jobs when the application is being submitted?
2. My current employer will hand me my I-140. Can I restart my GC process with my new employer and still maintain my old PD of July 2003?
3. If I restart my GC process, do I have to start my Labor and I-140 as well or do I just re-file my 485?
Thank You for answering my questions.
KC Indian
1. My EAD is up for renewal and will there be any problems renewing it If either I am with a new employer or in between jobs when the application is being submitted?
-- No.
2. My current employer will hand me my I-140. Can I restart my GC process with my new employer and still maintain my old PD of July 2003?
-- You do not have to restart anything if it has been 180 days since 485 filing and I assume it is the case as you have an EAD since last year.
3. If I restart my GC process, do I have to start my Labor and I-140 as well or do I just re-file my 485?
-- You are fine as you are. There is need to restart anything. The provision is called AC21 and you can google it for more info.
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indo_obama
05-12 12:00 PM
Indian immigrant with priroity date of 2008 in EB3 category and you got your green card 2 yrs back...who are you?:mad:
seriously were you born somewhere else.....or married some gori.......
seriously were you born somewhere else.....or married some gori.......
silk2fire
07-18 09:59 AM
;) Thanks you for efforts and long live IV
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krogot
02-15 06:35 PM
Hello,
I currently have my PERM for EB3 approved and the company lawyers are about to file I-140. But the priority date for filing I-485 is still 2002, which is not very exciting :( So I'm thinking about switching to EB2.
I have BS degree and 51 month of work experience prior joining the current company, so I'm short on 9 month for qualifying for "BS+5". I've been with company for 2 years now and recently was promoted from "Software Engineer" to "Software Architect". I've read that I can use my current employer experience if the new position is more than 50% different from the previous one.
Does it make sense for me to ask my employer to restart my GC process and show that my current position is more than 50% different? Does it make sense for me to start looking for another job, because the experience I gained with the current company qualifies me for "BS+5"?
I really like working in the company, so if it's possible I'd prefer to stay there, but waiting for 8 years to apply for I-485 really worries me...
I currently have my PERM for EB3 approved and the company lawyers are about to file I-140. But the priority date for filing I-485 is still 2002, which is not very exciting :( So I'm thinking about switching to EB2.
I have BS degree and 51 month of work experience prior joining the current company, so I'm short on 9 month for qualifying for "BS+5". I've been with company for 2 years now and recently was promoted from "Software Engineer" to "Software Architect". I've read that I can use my current employer experience if the new position is more than 50% different from the previous one.
Does it make sense for me to ask my employer to restart my GC process and show that my current position is more than 50% different? Does it make sense for me to start looking for another job, because the experience I gained with the current company qualifies me for "BS+5"?
I really like working in the company, so if it's possible I'd prefer to stay there, but waiting for 8 years to apply for I-485 really worries me...
more...
spulapa
12-09 09:28 AM
Dude,
Y don't you change the subject to passed in House ???
Subject line is misleading.
Y don't you change the subject to passed in House ???
Subject line is misleading.
little_willy
03-04 04:37 PM
Congratulations !!! Happy for you, enjoy your freedom.
more...
iwantmygreen
08-06 07:47 PM
08/04 LUD on your I485 should be for approval. What does the message read? I had received RFE. They received the response for RFE on 08-01 for which there was LUD on 08-01. There was another LUD on 08-03. another one on 08-04. The status reads: "On August 1, 2008, we received your response to our request for evidence. We will notify you by mail when we make a decision or if we need something from you. If you move while this case is pending, call customer service. You should expect to receive a written decision or written update within 60 days of the date we received your response unless fingerprint processing or an interview are standard parts of case processing and have not yet been completed, in which case you can use our processing dates to estimate when this case will be done. This case is at our NEBRASKA SERVICE CENTER location. Follow the link below to check processing dates. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register."
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seaken75
10-31 08:41 PM
Hi all,
Need your help and experience in this!
I received an RFE for my EAD and AP a few days ago. This has to do with me not registering myself during the NSEERS Special Registration. They want to know why i did not register for the NSEERS.
I visited an attorney around March 2003 regarding the Special Registration and was adviced that I dont have to register because my last entry to the U.S. was in January 2003. That was when return for school after going back home for my Christmas holiday. I have been an F-1 student since September 1998.
Reading the NSEERS requirement (http://www.ice.gov/doclib/pi/specialregistration/Call_In_Group4.pdf), my interpretation is that i should be exempted since my last entry to the U.S. is AFTER September 30, 2002. Is my interpretation right or wrong?
Please advice.
Thanks!
Need your help and experience in this!
I received an RFE for my EAD and AP a few days ago. This has to do with me not registering myself during the NSEERS Special Registration. They want to know why i did not register for the NSEERS.
I visited an attorney around March 2003 regarding the Special Registration and was adviced that I dont have to register because my last entry to the U.S. was in January 2003. That was when return for school after going back home for my Christmas holiday. I have been an F-1 student since September 1998.
Reading the NSEERS requirement (http://www.ice.gov/doclib/pi/specialregistration/Call_In_Group4.pdf), my interpretation is that i should be exempted since my last entry to the U.S. is AFTER September 30, 2002. Is my interpretation right or wrong?
Please advice.
Thanks!
more...
fromnaija
09-15 12:46 PM
I don't think it happens automatically. You will need to ask to be accorded the earlier priority date or if interfiling you will also initiate the process by asking that USCIS substitutes the previously submitted I-140 with a new approved one. The time to do that is when the PD on the newly approved 140 becomes current.
From your explanation, now that your old PD is current and the 140 for that is approved, you will have to ask that interfiling occur by sending a letter to USCIS with a copy of the new 140.
If you have done this, then the message you got could be that USCIS is ready to review your file by October. A congratulation may be in order here because I believe you will soon get your GC.
From your explanation, now that your old PD is current and the 140 for that is approved, you will have to ask that interfiling occur by sending a letter to USCIS with a copy of the new 140.
If you have done this, then the message you got could be that USCIS is ready to review your file by October. A congratulation may be in order here because I believe you will soon get your GC.
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amsgc
08-22 10:05 PM
You had some numbers there, are they not good anymore?
Msg deleted
Msg deleted
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karthic
12-18 03:53 PM
Hi All,
I am currently working for a University in cap-exempt H1B (company A). I got a job offer from a cap-subjected company (company B). I am aware that the H1B which i have is non-transferable and i have to apply for new H1B petition to work for company.
Since the cap numbers are still available, applying for new petition is not a problem. I was in an idea of asking my new employer (company B) to apply for new H1B petition (premium processing) while working with Company A but i came to know the following from USCIS official document that i have to stop working for the current employer before submitting the company B H1B petition. I thought I can work for the cap-exempt company A until the company B H1B is approved. Have anyone experienced it? if so when should i stop working for my current cap-exempt employer?...can i work till the LCA is approved..?
Below is the paragraph from USCIS Memo
"If the H-1B alien beneficiary has not �ceased� to be employed in a cap-Exempt position, then he or she will not be counted towards the cap.
If the H-1B alien beneficiary has �ceased� to be employed in a cap-exempt position, then the alien will be subject to the H-1B numerical limitation, and the concurrent employment petition may not be approved unless a cap number is available to the alien beneficiary.
I am currently working for a University in cap-exempt H1B (company A). I got a job offer from a cap-subjected company (company B). I am aware that the H1B which i have is non-transferable and i have to apply for new H1B petition to work for company.
Since the cap numbers are still available, applying for new petition is not a problem. I was in an idea of asking my new employer (company B) to apply for new H1B petition (premium processing) while working with Company A but i came to know the following from USCIS official document that i have to stop working for the current employer before submitting the company B H1B petition. I thought I can work for the cap-exempt company A until the company B H1B is approved. Have anyone experienced it? if so when should i stop working for my current cap-exempt employer?...can i work till the LCA is approved..?
Below is the paragraph from USCIS Memo
"If the H-1B alien beneficiary has not �ceased� to be employed in a cap-Exempt position, then he or she will not be counted towards the cap.
If the H-1B alien beneficiary has �ceased� to be employed in a cap-exempt position, then the alien will be subject to the H-1B numerical limitation, and the concurrent employment petition may not be approved unless a cap number is available to the alien beneficiary.
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sledge_hammer
01-15 12:44 PM
Since when did the regime in China become "rouge"?
This should pose no problem. My uncle who was also an ex Army officer got B1 to visit his kids here. I also have a friend who is retired from the Army and is now on H1 also waiting for GC. Only problem will be for Army personel of Rouge regimes like China, North Korea, Libiya, Iran, Some African countries and Kamer Rouge etc.
This should pose no problem. My uncle who was also an ex Army officer got B1 to visit his kids here. I also have a friend who is retired from the Army and is now on H1 also waiting for GC. Only problem will be for Army personel of Rouge regimes like China, North Korea, Libiya, Iran, Some African countries and Kamer Rouge etc.
more...
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gbadrain
08-11 01:23 AM
If you have not completed your 6 years (or you have an approved 140) then you can find an employer to file a new H1B and you will not be counted against H1B cap. Do the premium and reapply for visa at the consulate. Try to carry a proof that your employer has declined to provide you with the documents requested.
Secondly, please post what documents consulate requested you to submit - I am sure one of the IVans will post you with alternatives. If one of the documents happens to be your personal credentials, wage statements and etc - even if you reapply with new employer, you will be no different than what you are now. BTW, is it your first time stamping?.
Thanks for this info.
Well,I was given Green Form 221 g from NEw Delhi Consulate wherein they asked me to submit: Unemplotment Wage reports, Project description, Notarised list of Employee and W2.
With regards to my personal info, they okayed it with my MBA degree and over 12 years experience behind.:cool:
BTW, this is my first attempt in getting H1B Visa and I have B1/B2 Visa for10 yrs as also visited USA twice and came back within a fortnight.
My background check is okay.
The problem is with the Employer!!
Secondly, please post what documents consulate requested you to submit - I am sure one of the IVans will post you with alternatives. If one of the documents happens to be your personal credentials, wage statements and etc - even if you reapply with new employer, you will be no different than what you are now. BTW, is it your first time stamping?.
Thanks for this info.
Well,I was given Green Form 221 g from NEw Delhi Consulate wherein they asked me to submit: Unemplotment Wage reports, Project description, Notarised list of Employee and W2.
With regards to my personal info, they okayed it with my MBA degree and over 12 years experience behind.:cool:
BTW, this is my first attempt in getting H1B Visa and I have B1/B2 Visa for10 yrs as also visited USA twice and came back within a fortnight.
My background check is okay.
The problem is with the Employer!!
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redddiv
06-29 02:16 PM
I asked this before but did not get any answer. Trying my luck again. I lost my OPT card and unfortunately have no records what so ever of it.
Is there a way I can get a copy of this from USCIS?
USCIS will not give you a copy.
OK There are two places you can find your OPT CArd.
1. International Students Office of your College (if you had given thema copy, most likely).
2. The company that you were employed during OPT(Definitely they take a copy of this OPT Card. Check with them.)
Hope you will find Luck with this.
Is there a way I can get a copy of this from USCIS?
USCIS will not give you a copy.
OK There are two places you can find your OPT CArd.
1. International Students Office of your College (if you had given thema copy, most likely).
2. The company that you were employed during OPT(Definitely they take a copy of this OPT Card. Check with them.)
Hope you will find Luck with this.
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Suva
07-19 11:43 PM
Why not? 140 is not retrogressed. Anytime you can file I-140. So if i-485 is valid between Aug 1-17 then you can file both between that dates also.
As per the last revised visa bulletin, the extension period for filling I-485 is Aug 17. But it talks about only I485 and not about I-140.
So can anyone confirm, if one can file I-140 and I-485 concurrently from Aug 1 to Aug 17.
As per the last revised visa bulletin, the extension period for filling I-485 is Aug 17. But it talks about only I485 and not about I-140.
So can anyone confirm, if one can file I-140 and I-485 concurrently from Aug 1 to Aug 17.
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GC08
11-04 10:43 AM
This is weird. I thought a lot of people have got EAD but did not get AP. Of course some people have got both. Can anyone shed some light on how they approve AP? In what order? I believe quite some people have travel plan during the coming months.
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akmypoints
11-04 01:17 PM
anyone having inputs to the query below:
Adding to the scenario above, what if the old company (which got I-140 approval) agress to continue the GC process? In that case, can't we apply for H1 extension with Company B using approved I-140 with Company A? After all, GC is a future employment application
Adding to the scenario above, what if the old company (which got I-140 approval) agress to continue the GC process? In that case, can't we apply for H1 extension with Company B using approved I-140 with Company A? After all, GC is a future employment application
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sammyb
05-02 09:54 AM
Read this on recent news letter ...
MurthyDotCom : I-485 Approvals Possible - Impact on Spouse / Children (http://www.murthy.com/news/n_spochi.html)
seems same as your case ... you spouse needs to be back into US and filled AOS application before you AOS is approved and you loose your Non-immigrant status ... this is a bit tricky situation - specially to time everything so that no one loose the window of opportunity ... so would suggest you to plan accordingly ...
Hi,
Note: I have already posted this on the "Ask an attorney" forum, but I would also like some input from the experts here.
Thanks.
Onto the issue:
My wife(on H4, no 485 filed) is going to be out of the US for the next couple of months and I need to know the effect of my 485 PD becoming current (and approved) during this time. The following are the details of the situation.
My 485 is pending with a PD of Dec 06 and I am on an H1B visa. The 485 was filed before I got married, so my wife is currently on an H4 and has not been able to file her I485. She will be traveling outside the US for the next couple of months. From the visa bulletins I have been seeing over the last couple of months, it looks like there is a slim chance that my PD will be current.
One of the options as I understand is that she could travel back as soon as the PD's are announced and if we know that the PD will be current in the next month. At this point she could file her I485.
My question is about what the options are if she is unable to make it back to the US in time. i.e. she is outside the US and my I485 is approved which means she cannot travel back on the H4 (as its not valid). What are the timelines we will have to deal with if she has to stay outside the US to have her I485 equivalent filed through a consulate? Is there anyway she can travel to the US once my 485 is approved?
Thanks.
MurthyDotCom : I-485 Approvals Possible - Impact on Spouse / Children (http://www.murthy.com/news/n_spochi.html)
seems same as your case ... you spouse needs to be back into US and filled AOS application before you AOS is approved and you loose your Non-immigrant status ... this is a bit tricky situation - specially to time everything so that no one loose the window of opportunity ... so would suggest you to plan accordingly ...
Hi,
Note: I have already posted this on the "Ask an attorney" forum, but I would also like some input from the experts here.
Thanks.
Onto the issue:
My wife(on H4, no 485 filed) is going to be out of the US for the next couple of months and I need to know the effect of my 485 PD becoming current (and approved) during this time. The following are the details of the situation.
My 485 is pending with a PD of Dec 06 and I am on an H1B visa. The 485 was filed before I got married, so my wife is currently on an H4 and has not been able to file her I485. She will be traveling outside the US for the next couple of months. From the visa bulletins I have been seeing over the last couple of months, it looks like there is a slim chance that my PD will be current.
One of the options as I understand is that she could travel back as soon as the PD's are announced and if we know that the PD will be current in the next month. At this point she could file her I485.
My question is about what the options are if she is unable to make it back to the US in time. i.e. she is outside the US and my I485 is approved which means she cannot travel back on the H4 (as its not valid). What are the timelines we will have to deal with if she has to stay outside the US to have her I485 equivalent filed through a consulate? Is there anyway she can travel to the US once my 485 is approved?
Thanks.
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wizkid732
08-25 10:44 AM
Thanks for the reply, the wait is painful. Itls like a detention without trial :-)
when he contacted senator and inturn they contacted USCIS, Senator got same reply as urs . his is also 2005 EB2 I PD. He is just waiting too.
i wonder what that extensed security review means. looks like never ending. hope no one gets stuck in it.
when he contacted senator and inturn they contacted USCIS, Senator got same reply as urs . his is also 2005 EB2 I PD. He is just waiting too.
i wonder what that extensed security review means. looks like never ending. hope no one gets stuck in it.
waitforgc1
04-07 06:20 PM
Thats a little strange, as employers now a days are suggesting to use EAD instead
of H1's as the extentions itself has problems. And based on what i know its
ok to be on EAD instead of h1. Either way there is not much difference.
of H1's as the extentions itself has problems. And based on what i know its
ok to be on EAD instead of h1. Either way there is not much difference.
Keeme
06-25 02:15 PM
^^^^^^
Excellent initiative ! Let's do it !
Excellent initiative ! Let's do it !