ivgclive
12-14 01:32 PM
Will the retrogression in Family Based have any consequences for the Employment based immigration?
Most of the EB3 are living in the hope of filing family based green card when their kids turn 18, which will be in another 7 to 10 years.
Most of the EB3 are living in the hope of filing family based green card when their kids turn 18, which will be in another 7 to 10 years.
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lc1978
08-17 08:23 PM
Hello Gurus,
Pl guide me and let me know my options for the below scenario...
1. Me: Applied under EB2 (India) and have I-140 approved in September 2006.
Status as of now : Applied as dependent (secondary) on my spouse 485 and have EAD and AP since July 2007.
2. My spouse : Primary applicant - EB3 (India), December 2003.
As the dates are NOT moving forward for EB3 (India), I want to port our GC application dates from my spouse priority ( EB3- India - December 2003) to mine (EB2 - India - September 2006)
My question is, Can I change my status from dependent (secondary ) on my spouse 485 to me being primary applicant by invoking my approved I-140 (EB2 - India - September 2006), If YES what would be the process.
Thanks in advance
Pl guide me and let me know my options for the below scenario...
1. Me: Applied under EB2 (India) and have I-140 approved in September 2006.
Status as of now : Applied as dependent (secondary) on my spouse 485 and have EAD and AP since July 2007.
2. My spouse : Primary applicant - EB3 (India), December 2003.
As the dates are NOT moving forward for EB3 (India), I want to port our GC application dates from my spouse priority ( EB3- India - December 2003) to mine (EB2 - India - September 2006)
My question is, Can I change my status from dependent (secondary ) on my spouse 485 to me being primary applicant by invoking my approved I-140 (EB2 - India - September 2006), If YES what would be the process.
Thanks in advance
meridiani.planum
05-05 02:08 AM
inline...
I know that an H1B may be extended beyond the 6 year limit as long as the there has been at least a Labor Cert pending for the past 365 days. So basically, as long as you have a LC pending, the H1B is increased in yearly increments until the GC is approved or denied.
However:
1) Once I-140 is approved, do they automatically extend the H1B (the next time it is due for an extension) by three years?
yes, if your PD is not current and you request 3 years (on the H1 LCA) when you file the extension. Otherwise its a 1 year extension
2) Once you're in that "extension zone" (i.e. past your 6 year limit because of a pending GC application) of your H1B can you still switch jobs? (obviously your new company would have to file a new Labor cert once again for you)?
The USCIS does allow you to get an H1 transfer to a new employer based on the I-140, or LC from some other employer. So if you request a transfer it will go through provided the conditions fo rextension (old LC or approved I-140) exist on the day they adjudicate your case.
The gray area here is what happens to the H1 if the underlying LC or I-140 is then revoked by the old employer. The current USCIS position is that the H1 remains valid (they have not come back and revoked anybody's H1 extension because the underlying LC is gone). However neither the law nor USCIS regulations are clear in this matter.
I know that an H1B may be extended beyond the 6 year limit as long as the there has been at least a Labor Cert pending for the past 365 days. So basically, as long as you have a LC pending, the H1B is increased in yearly increments until the GC is approved or denied.
However:
1) Once I-140 is approved, do they automatically extend the H1B (the next time it is due for an extension) by three years?
yes, if your PD is not current and you request 3 years (on the H1 LCA) when you file the extension. Otherwise its a 1 year extension
2) Once you're in that "extension zone" (i.e. past your 6 year limit because of a pending GC application) of your H1B can you still switch jobs? (obviously your new company would have to file a new Labor cert once again for you)?
The USCIS does allow you to get an H1 transfer to a new employer based on the I-140, or LC from some other employer. So if you request a transfer it will go through provided the conditions fo rextension (old LC or approved I-140) exist on the day they adjudicate your case.
The gray area here is what happens to the H1 if the underlying LC or I-140 is then revoked by the old employer. The current USCIS position is that the H1 remains valid (they have not come back and revoked anybody's H1 extension because the underlying LC is gone). However neither the law nor USCIS regulations are clear in this matter.
2011 The finalized English versions
raysaikat
03-03 01:28 AM
As far as I know employer sponsorship is not required for EB-1 EA case; not sure why you had to file I-140 for this ...........
EB-1 EA does not need labor certification, but still needs I-140.
EB-1 EA does not need labor certification, but still needs I-140.
more...
fromnaija
12-15 04:35 PM
Hi,
I am currently working on a fulltime H1B and my GC process is going on with second stage (I140) in progress. Now my old employer wants me to work parttime for them which I agreed upon but this is a possibility only if I have a parttime H1B applied w.r.t old employer which I am thinking to apply for it and work parttime. But my question here is does this effect my GC processing? If it is what are the effects? Please reply me back. Thanks a lot.
Regards
Getting a second H1 for part-time employment has no effect on your GC whatsoever.
I am currently working on a fulltime H1B and my GC process is going on with second stage (I140) in progress. Now my old employer wants me to work parttime for them which I agreed upon but this is a possibility only if I have a parttime H1B applied w.r.t old employer which I am thinking to apply for it and work parttime. But my question here is does this effect my GC processing? If it is what are the effects? Please reply me back. Thanks a lot.
Regards
Getting a second H1 for part-time employment has no effect on your GC whatsoever.
gcformeornot
05-24 04:37 PM
similar situation. Applied to NSC but received EAD from CSC. So EAD as number starting with CSC, I was thinking of choosing CSC.
Any other suggestions?
Any other suggestions?
more...
maddipati1
08-06 09:31 PM
reason is people started creating threads like this
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The7zen
02-02 04:38 PM
Two yrs back my friend for a B1 visa thru his company and got the visa from the consulate for 10yrs. He never came to the US and left the sponsoring company and moved to Australia, the question is , Can he enter the US using his existing visa for tourism purpose ? or does he have to apply for a new one ?
I would greatly appreciate any help on this...
Thanks
I would greatly appreciate any help on this...
Thanks
more...
vandanaverdia
09-07 02:52 PM
^^^ bump ^^^ Anyone working in Microsoft, Amazon, Starbucks, Boeing.. all of them... please spread the word, post internally, talk to friends.. I am sure there can be more people from Seattle attending the rally! Wake up, lets go..
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chanduv23
11-09 07:04 AM
Folks,
I was current starting Sept 1 and did not get my GC till Oct second week. However, during the first week of Oct., I wrote a detailed letter to Secy. Napolitano and also to the Ombudsman. I got my GC subsequently. Yesterday, someone from USCIS called me and said that he was calling in response to my letter to Secy. Napolitano. He congratulated me on my GC and asked me if everything had gone OK and if he could close my letter out. Just thought that this information might help someone who is stuck in the queue of being current, but not getting a GC. Please file 7001 form with Ombudsman and contact Secy Napolitano if you are in this situation.
COngrats - these things do work. Urs is not a difficult situation so it was handled easily. Basically visas were available and there was no reason to not give you a GC.
I read in other threads that people who make service enquiries are getting cryptic responses like "we cannot deny you but waiting for DHS ...." etc..
Such letters must be sent to Ombudsman and Secretary Napolitano so that they understand what goes on at a level below them
I was current starting Sept 1 and did not get my GC till Oct second week. However, during the first week of Oct., I wrote a detailed letter to Secy. Napolitano and also to the Ombudsman. I got my GC subsequently. Yesterday, someone from USCIS called me and said that he was calling in response to my letter to Secy. Napolitano. He congratulated me on my GC and asked me if everything had gone OK and if he could close my letter out. Just thought that this information might help someone who is stuck in the queue of being current, but not getting a GC. Please file 7001 form with Ombudsman and contact Secy Napolitano if you are in this situation.
COngrats - these things do work. Urs is not a difficult situation so it was handled easily. Basically visas were available and there was no reason to not give you a GC.
I read in other threads that people who make service enquiries are getting cryptic responses like "we cannot deny you but waiting for DHS ...." etc..
Such letters must be sent to Ombudsman and Secretary Napolitano so that they understand what goes on at a level below them
more...
vsuri
11-16 08:14 PM
Yes, you will need an Advance Parole or an appropriate visa to enter the US from Canada. AP approvals are taking close to 3 months these days so you should e-file your application ASAP. Also, call USCIS at (800) 375 - 5283 to expedite your application once you have the receipt number since you need to travel at such a short notice.
Some people have had luck contacting their congress representative as well.
United States House of Representatives, 111th Congress, 2nd Session (http://www.house.gov/)
(enter your zip code at the top left of this web site to find your congress rep)
Some people have had luck contacting their congress representative as well.
United States House of Representatives, 111th Congress, 2nd Session (http://www.house.gov/)
(enter your zip code at the top left of this web site to find your congress rep)
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cagedcactus
10-19 09:08 AM
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texcan
09-14 09:41 AM
I had my Labor go through without any issues. I haven't yet applied for 140.
what would happen if I apply for F-1 visa to pursue my studies as full time student since F-1 is a non-immigrant visa and I have cleared my labor.
I know I can't proceed with 140 since its a petition for immigrant status and my F-1 will be rejected. My question is does labor certification also affects F-1 visa application?
Thanks in advance
My wife switched from h4 to f1 status. you can do the same and status studies, assuming you have valid status/visa right now. Later you can get visa stamped.
H visa is dual intent, and f is non-immigration. Since you already have h visa it will not be a trouble. This is from my experience and some of my friends.
good luck .
what would happen if I apply for F-1 visa to pursue my studies as full time student since F-1 is a non-immigrant visa and I have cleared my labor.
I know I can't proceed with 140 since its a petition for immigrant status and my F-1 will be rejected. My question is does labor certification also affects F-1 visa application?
Thanks in advance
My wife switched from h4 to f1 status. you can do the same and status studies, assuming you have valid status/visa right now. Later you can get visa stamped.
H visa is dual intent, and f is non-immigration. Since you already have h visa it will not be a trouble. This is from my experience and some of my friends.
good luck .
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terpac
02-03 07:30 PM
This is EB2 and I had more that 6.5 yrs of experience at the time of labor filing.
The case is in NSC.
PD: Jan 07
I140 & 485 concurrent filing in July 07
Thanks!
The case is in NSC.
PD: Jan 07
I140 & 485 concurrent filing in July 07
Thanks!
more...
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sam12sa
12-18 04:06 PM
Hi
I am transferring my H1 to a firm on full time basis(not consulting company, product based). Currently I am on a project with A and I am going to transfer my H1 to B (which is 6 yrs old, american based company). I have pay slips from past 4 months, and I was on bench for 2 months where I didnt get my pasylips. For transfer I gave my past 4 months pay slips.
I have 2 questions here.
1) With company A, my LCA was not accurate. My LCA was of NY state & I am working in NJ.
Will this create any issue for my H1 transfer with company B which is VA and they have got the approved LCA.
2) Will there be any issue with my 2 months pay slips (which are of July & Aug). Right now I have submitted my H1 transfer with past 4 months payslips (Sep,Oct, Nov & Dec).
Please advice, I will really appreciate your suggestions on this ASAP.
Thanks
I am transferring my H1 to a firm on full time basis(not consulting company, product based). Currently I am on a project with A and I am going to transfer my H1 to B (which is 6 yrs old, american based company). I have pay slips from past 4 months, and I was on bench for 2 months where I didnt get my pasylips. For transfer I gave my past 4 months pay slips.
I have 2 questions here.
1) With company A, my LCA was not accurate. My LCA was of NY state & I am working in NJ.
Will this create any issue for my H1 transfer with company B which is VA and they have got the approved LCA.
2) Will there be any issue with my 2 months pay slips (which are of July & Aug). Right now I have submitted my H1 transfer with past 4 months payslips (Sep,Oct, Nov & Dec).
Please advice, I will really appreciate your suggestions on this ASAP.
Thanks
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happy2006
05-20 07:45 PM
HI
My wife is US citizen and I am applying GC through her. We need to goto India for her sister's wedding on Aug 9th. How long does it take for AP to be approved? Can we expedite AP for wedding reason or should we do only for medical reason ? We live in California.
My wife is US citizen and I am applying GC through her. We need to goto India for her sister's wedding on Aug 9th. How long does it take for AP to be approved? Can we expedite AP for wedding reason or should we do only for medical reason ? We live in California.
more...
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dngoyal
08-17 02:45 PM
I applied for 485/EAD/AP in the month of June'2007.
I got the receipt and my finger printing is done.
Now my EAD/AP?485 are in pending approval stage.
At this time, I need to travel out of country for urgent reasons,
how it will work.
I have H1B stamped on my passport which is valid till March'2010.
Is it OK to travel on this H1B and re-enter or as my finger printing is done, I am already on AOS status.
Please help.
I got the receipt and my finger printing is done.
Now my EAD/AP?485 are in pending approval stage.
At this time, I need to travel out of country for urgent reasons,
how it will work.
I have H1B stamped on my passport which is valid till March'2010.
Is it OK to travel on this H1B and re-enter or as my finger printing is done, I am already on AOS status.
Please help.
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sobers
04-05 09:19 AM
gc 2010
this issue has been discussed in-depth before and sorted out.
edited by moderator...no personal comments please
this issue has been discussed in-depth before and sorted out.
edited by moderator...no personal comments please
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gcslave
07-02 07:23 PM
Wife got FP notice yesterday. None for me or my daughter. USCIS now has a new procedure where they will update the criminal background check without new fingerprints, unless old FP are unusable for whatever reason....That means no GC until end of July with all the remaining processing :(
Was hoping to be out of this agony earlier.......
Hopefully no retrogression in Aug.
Was hoping to be out of this agony earlier.......
Hopefully no retrogression in Aug.
ivgclive
11-01 11:16 PM
I received an RFE for my EAD renewal.
It says "Please submit proof that you have filed an I-485 Application"
I have a copy of my receipt of I-485. Would that be enough to send? Why would they ask for proof of I-485? This is my second EAD renewal.
Please let me know.
Thanks.
USCIS is like a child. Just want to hear that from you saying that "I filed I-485" everytime. They belive the xerox copy of 485 you send than the information in their computer.
Keep it as a practic to 'bold' the statement "I filed I-485" + copy of the notice everytime you communicate with USCIS.
It says "Please submit proof that you have filed an I-485 Application"
I have a copy of my receipt of I-485. Would that be enough to send? Why would they ask for proof of I-485? This is my second EAD renewal.
Please let me know.
Thanks.
USCIS is like a child. Just want to hear that from you saying that "I filed I-485" everytime. They belive the xerox copy of 485 you send than the information in their computer.
Keep it as a practic to 'bold' the statement "I filed I-485" + copy of the notice everytime you communicate with USCIS.
gcdreamer05
11-03 02:11 PM
Does anyone know how receptive the ASC in Boston is to FP walk-ins? Also, is there ANY way of calling ahead of time and finding out if they accept walk-ins?
Dont you need the FP notice to even enter that building, the guard or the cop standing will not even let you in, if you dont have the FP call for notice.
I never heard of walk-ins :)
Dont you need the FP notice to even enter that building, the guard or the cop standing will not even let you in, if you dont have the FP call for notice.
I never heard of walk-ins :)
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