indio0617
11-22 10:40 AM
Ok. Here is a question I have.
I know one can get 3 years extensions once 140 is approved even with previous employer. The question is -
Assume EB2 140 is approved for previous employer has PD June 2004, and then one changes the job. By the time his 6 years of H1B gets over, June 2004 becomes current. Now the person cannot file 485 since 140 was approved for old employe whom he has left an year back. Will the person still get 3 years of extension on H1B?
I was thinking, u get 3 years extension due to retrogession.. so with the fact that PD is current, how will you still get 3 years of extension?
Thanks.
Yes. You are correct. 3 year extension after I-140 approvals can be granted only if you are unable to file for I-485. Things will be complicated in the scenario you outlined which would require some prior planning.
It is all a big mess, forcing us to stay in this perpetually uncertain state, putting our lives on hold. Of course we all have a choice : factor out the GC from our career / life equation and move on without all the complexities. I guess we will see more and more people taking that route now given the gloomy scene on retrogession.
I know one can get 3 years extensions once 140 is approved even with previous employer. The question is -
Assume EB2 140 is approved for previous employer has PD June 2004, and then one changes the job. By the time his 6 years of H1B gets over, June 2004 becomes current. Now the person cannot file 485 since 140 was approved for old employe whom he has left an year back. Will the person still get 3 years of extension on H1B?
I was thinking, u get 3 years extension due to retrogession.. so with the fact that PD is current, how will you still get 3 years of extension?
Thanks.
Yes. You are correct. 3 year extension after I-140 approvals can be granted only if you are unable to file for I-485. Things will be complicated in the scenario you outlined which would require some prior planning.
It is all a big mess, forcing us to stay in this perpetually uncertain state, putting our lives on hold. Of course we all have a choice : factor out the GC from our career / life equation and move on without all the complexities. I guess we will see more and more people taking that route now given the gloomy scene on retrogession.
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WillIWin?
07-23 04:00 PM
I sent you a PM. Can you please take a look ?
Thanks!
Thanks!
rock
06-22 10:54 PM
When you get 485 approval you will not need EAD or AP :D
It's OK to file for EAD and AP yourself, I did it 4 times but you need I-485 receipt notice and I-140 receipt and then approval notice to do that. So if you are wiling to wait till your lawyer get notices (it could be months for those who are filing in July) and your employer and lawyer will provide you a copy of all notices - it's fine to file yourself.
Hi voldemar,
I am also in the similar but not exact situation. Recently I changed the employer. My new employer is going to file I-140 and I-485 using the Labor substitution.I also want to file EAD and AP but the company attorney is saying it is safer to file the EAD and AP once the I-140 is approved. Can any one please answer this is true or not? Should I wait for I-140 to be approved or should I try convince the attorney to file EAD and AP also along with I-140 and I-485. I have one more question which is if We do not file the EAD and AP along with the I-485 and once the priority dates are retrogessed. Can we file EAD and AP even though the priority dates are not current and our I-485 is pending?
I would appreciate the answers and any official links if available.
Thanks
It's OK to file for EAD and AP yourself, I did it 4 times but you need I-485 receipt notice and I-140 receipt and then approval notice to do that. So if you are wiling to wait till your lawyer get notices (it could be months for those who are filing in July) and your employer and lawyer will provide you a copy of all notices - it's fine to file yourself.
Hi voldemar,
I am also in the similar but not exact situation. Recently I changed the employer. My new employer is going to file I-140 and I-485 using the Labor substitution.I also want to file EAD and AP but the company attorney is saying it is safer to file the EAD and AP once the I-140 is approved. Can any one please answer this is true or not? Should I wait for I-140 to be approved or should I try convince the attorney to file EAD and AP also along with I-140 and I-485. I have one more question which is if We do not file the EAD and AP along with the I-485 and once the priority dates are retrogessed. Can we file EAD and AP even though the priority dates are not current and our I-485 is pending?
I would appreciate the answers and any official links if available.
Thanks
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chanduv23
09-26 12:13 PM
Excellent team work IV - now lets all thank her for changing making the correction.
more...
delax
07-13 10:34 AM
Why didnt the EB2 ROW number trickle to ROW EB3 first?
Think about this for a minute. By doing so EB3-ROW is given precedence over EB2-Retro country after the ROW within EB2 has been satisfied. I cant see how that can make sense - not that anything in the GC sojourn makes sense. The categorization across employment categories is due to a difference in skill, training and experience level. Once the ROW demand within a category has been satisified, the retro country within the same category needs to get a preference over any lower category - sounds very harsh and heirarchical but thats how it is.
Think about this for a minute. By doing so EB3-ROW is given precedence over EB2-Retro country after the ROW within EB2 has been satisfied. I cant see how that can make sense - not that anything in the GC sojourn makes sense. The categorization across employment categories is due to a difference in skill, training and experience level. Once the ROW demand within a category has been satisified, the retro country within the same category needs to get a preference over any lower category - sounds very harsh and heirarchical but thats how it is.
haifromsk@yahoo.com
02-21 02:52 PM
bump
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grinch
03-07 07:43 PM
Aw darn!
It's alright nirvana, yet I think the only people in this right now are me, sun, eilsoe, and spark?
It's alright nirvana, yet I think the only people in this right now are me, sun, eilsoe, and spark?
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tooclose
07-13 07:14 AM
What is the need for all this ? The visa bulletin is out but no one cares to read it I guess. Every bulletin has these or words to this effect.
"Only applicants who have a priority date earlier than the cut-off date may be allotted a number."
So the date that you see in the table is NOT eligible for visa numbers.
Thanks for the information. I believe I have to wait for another month to get any updates from the Sep visa bulletin or wait till same time next year since my PD is Mar-06.
Congrats to all to have received it and good luck to those who have become current !
"Only applicants who have a priority date earlier than the cut-off date may be allotted a number."
So the date that you see in the table is NOT eligible for visa numbers.
Thanks for the information. I believe I have to wait for another month to get any updates from the Sep visa bulletin or wait till same time next year since my PD is Mar-06.
Congrats to all to have received it and good luck to those who have become current !
more...
Aah_GC
04-25 10:51 AM
I used AC21 twice. Both times I informed USCIS, EVL contained exact job description but different title. Did not have any AC21 related RFE and today got 'CP ordered email'. :) good luck to all!
Hope this helps...
Thanks much Dude!
Hope this helps...
Thanks much Dude!
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kouhsik69
03-09 01:30 PM
Where is the great predictor :D
Rao baba is in hibernation .................................:D
dask_1
EB3-I
pd Jan 2002
Rao baba is in hibernation .................................:D
dask_1
EB3-I
pd Jan 2002
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vbkris77
04-06 09:39 PM
Look below the URL. If they are doing it. It is legal. But If some one is denied entry, they can also challenge the decision. Consultants especially will need to use proper/legal answers.
http://www.golishlaw.com/statutes/ina212.htm
(5) Labor certification and qualifications for certain immigrants.-
(A) Labor certification.-
(i) In general.-Any alien who seeks to enter the United States for the purpose of performing skilled or unskilled labor is inadmissible, unless the Secretary of Labor has determined and certified to the Secretary of State and the Attorney General that-
(I) there are not sufficient workers who are able, willing, qualified (or equally qualified in the case of an alien described in clause (ii)) and available at the time of application for a visa and admission to the United States and at the place where the alien is to perform such skilled or unskilled labor, and
(II) the employment of such alien will not adversely affect the wages and working conditions of workers in the United States similarly employed.
(ii) Certain aliens subject to special rule.-For purposes of clause (i)(I), an alien described in this clause is an alien who-
(I) is a member of the teaching profession, or
(II) has exceptional ability in the sciences or the arts.
http://www.golishlaw.com/statutes/ina212.htm
(5) Labor certification and qualifications for certain immigrants.-
(A) Labor certification.-
(i) In general.-Any alien who seeks to enter the United States for the purpose of performing skilled or unskilled labor is inadmissible, unless the Secretary of Labor has determined and certified to the Secretary of State and the Attorney General that-
(I) there are not sufficient workers who are able, willing, qualified (or equally qualified in the case of an alien described in clause (ii)) and available at the time of application for a visa and admission to the United States and at the place where the alien is to perform such skilled or unskilled labor, and
(II) the employment of such alien will not adversely affect the wages and working conditions of workers in the United States similarly employed.
(ii) Certain aliens subject to special rule.-For purposes of clause (i)(I), an alien described in this clause is an alien who-
(I) is a member of the teaching profession, or
(II) has exceptional ability in the sciences or the arts.
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sriramkalyan
06-10 12:48 PM
May be we should do some thing dramatic. Like sending letter to Canadian Government, here we are 1000 skilled people with extensive experience and International degrees. Collectively we going to bring in $1 million or more. Can you expedite our Permanent residency!!
All US senators know that EB immigrants are going through Hell hole of USCIS. They are unable to do anything about it.
All US senators know that EB immigrants are going through Hell hole of USCIS. They are unable to do anything about it.
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ramus
07-02 06:13 PM
Why we just have $300 contribution so far when we have 1500 members online.. Lets put this thred in every thread..
Pappu, can we put this thread on home page..
Pappu, can we put this thread on home page..
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psam
07-03 10:11 AM
2) When there is no per country quota in H1B visas, do you think it is fair to have it in EB visas?
There is no reason to mention H1B in this context. Its not going to help GC seekers or H1B seekers.
There is no reason to mention H1B in this context. Its not going to help GC seekers or H1B seekers.
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TexDBoy
09-10 11:00 AM
They r into recess now ... lunch at 11:00 ... I guess its bit early .. :)
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speddi
07-18 10:01 AM
my application reached texas center on july 2nd at 10.23am .. I called USCIS today and the rep said they didnt enter the information into the system..he said it might take upto 30 days to start giving receipt notices because of the load of applications
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syzygy
09-28 02:40 PM
What can be more racist and unfair than USA as of today when hundred thousands of people who already gave their youth energy to innovation are being made to live hell like lives? I am sure many of us will find medical repercussions of what we are going through in few more years and then we can frame GC or AP or EAD or H1B extension and stare at it from hospital beds :) Cornyn / Durbin is all BS, they just don't want people to settle here, they just want slaves. Rest all are hurdles and policies to close any possible open door for deserving.
It's true that Europe can be a tough place, as can Canada or the U.S. to a newcomer. What is true about Europe is that it is a socialist place, salaries are lower, taxes are higher, racism is stronger, houses are smaller, yet you are also surrounded by beautiful places and there is a lot to do and see. It depends what type of person you are. Some Europeans hate Europe themselves and want to come to the U.S. as much or more than you did when you immigrated here. I'd say Europe is a good Plan B if all else fails here in America for you, and then you can always go back to India or China if you didn't like Europe.
Hopefully we don't need to get sucked in by the Reverse Brain Drain and we can help Congress help us, by changing the law, and retaining the high-skilled legal immigrants like us who are suffering and stuck in backlogs, and which is the only fair thing to do!
It's true that Europe can be a tough place, as can Canada or the U.S. to a newcomer. What is true about Europe is that it is a socialist place, salaries are lower, taxes are higher, racism is stronger, houses are smaller, yet you are also surrounded by beautiful places and there is a lot to do and see. It depends what type of person you are. Some Europeans hate Europe themselves and want to come to the U.S. as much or more than you did when you immigrated here. I'd say Europe is a good Plan B if all else fails here in America for you, and then you can always go back to India or China if you didn't like Europe.
Hopefully we don't need to get sucked in by the Reverse Brain Drain and we can help Congress help us, by changing the law, and retaining the high-skilled legal immigrants like us who are suffering and stuck in backlogs, and which is the only fair thing to do!
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arkrish68
06-11 10:44 AM
I and my wife we both did send the email.
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BharatPremi
03-12 12:02 PM
I am worried about this financial reports. I am not sure many consulting companies will give those to employee who is leaving
Yes, I believe, most companies (new employers - mid level) would not even ask and if requested and you can not provide then generally they may not make a big deal but underlying result for asking is to check if financial strength is "Good" and I-140 is approved then no problem hiring an EAD holder.
Yes, I believe, most companies (new employers - mid level) would not even ask and if requested and you can not provide then generally they may not make a big deal but underlying result for asking is to check if financial strength is "Good" and I-140 is approved then no problem hiring an EAD holder.
gvenkat
10-21 12:38 PM
/* Last 8 years, Republicans have done nothing to improve GC system. Lets give democrats a chance this time. */
Do you have a voting right? Look whoever comes will not care abt EB3 India... for some time. The system has to fix itself or needs to be changed. If ppl with priority date of 2003 gets the GC around 2010. We should thank our stars and be happy.:)
Do you have a voting right? Look whoever comes will not care abt EB3 India... for some time. The system has to fix itself or needs to be changed. If ppl with priority date of 2003 gets the GC around 2010. We should thank our stars and be happy.:)
.soulty
03-11 12:14 AM
bluesund.. your wireframes are different than the final render?
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