uimv
03-13 02:25 AM
Hello,
For case where GC and H1b sponsoring employer is same, please tell (as per USCIS rules/guidelines):
1. When switching from H1b to EAD (while working for GC sponsoring employer) does GC/H1b sponsoring employer have to cancel H1b ?
2. If on AP/EAD WITHOUT work, is there any liability to GC/H1b sponsoring employer ? Does he have to cancel H1b ?
Than You.
For case where GC and H1b sponsoring employer is same, please tell (as per USCIS rules/guidelines):
1. When switching from H1b to EAD (while working for GC sponsoring employer) does GC/H1b sponsoring employer have to cancel H1b ?
2. If on AP/EAD WITHOUT work, is there any liability to GC/H1b sponsoring employer ? Does he have to cancel H1b ?
Than You.
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jonty_11
07-25 12:30 PM
I didn't find what I am looking for.
I already have a lawyer and the ONLY reason I want to file myself is because I am fed up in chasing lawyers, my company etc. They don't respond in time and anyways I am preparing all my documents my self and guiding lawyer also.
So, I am thinking to file myself.
yes u need all documents...
Look again..and u will find link to this discussion on the HOME PAGE..
I will save u some time
http://immigrationvoice.org/forum/showthread.php?t=5132
I already have a lawyer and the ONLY reason I want to file myself is because I am fed up in chasing lawyers, my company etc. They don't respond in time and anyways I am preparing all my documents my self and guiding lawyer also.
So, I am thinking to file myself.
yes u need all documents...
Look again..and u will find link to this discussion on the HOME PAGE..
I will save u some time
http://immigrationvoice.org/forum/showthread.php?t=5132
eyeswe
12-18 09:54 PM
I am not able to get into chat?
There is a minimum number of posts and points needed to enter chat
There is a minimum number of posts and points needed to enter chat
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Rsamuga
07-16 03:03 PM
Hi All-
I have a tricky scenario here, I need some input/guidance.
I came to USA during Dec 2003 through a California based Indian Consulting firm. I worked for him for 2 years. In between, he
applied the petition for my labor in April 2005 on eB2 Category and my responsibility was to pay for the GREEN CARD expenses.
During Oct 2005, I joined an American company as permanent employee. Even after that, due to the good terms with my previous employer he agreed to apply for my I-140 during 2007 June and I took care of the financial aspect of it. The known understanding was that I will join his company in near future, apply the I-485 and get the GC.
Two months back my I-140 got approved and I was waiting for the priority date to be current. Last week, I came back from my India trip. I got engaged during my trip and my marriage has been fixed in Nov'08. Today when I checked the UCSIS site, the priority date for the eB2 category is current.
My questions are:
1) At this point of time, I do not want to join my old employer.Working with the current American company, can I still proceed and apply for the I-485 through my previous employer ??.
2) If not, Can I use the earlier priority date(April 2005) by applying for a fresh GC(perm labor/ I-140) from my current employer?
3) To use the earlier priority date(April 2005), do I need to take approval letter from my previous employer ? Is there any chance that the old priority date can be revoked by the employer ??
If any of you guys have had/come across the same kind of scenario, please do let me know what would be the best way to proceed.
I really appreciate your response in this regard.
Thanks!!
I have a tricky scenario here, I need some input/guidance.
I came to USA during Dec 2003 through a California based Indian Consulting firm. I worked for him for 2 years. In between, he
applied the petition for my labor in April 2005 on eB2 Category and my responsibility was to pay for the GREEN CARD expenses.
During Oct 2005, I joined an American company as permanent employee. Even after that, due to the good terms with my previous employer he agreed to apply for my I-140 during 2007 June and I took care of the financial aspect of it. The known understanding was that I will join his company in near future, apply the I-485 and get the GC.
Two months back my I-140 got approved and I was waiting for the priority date to be current. Last week, I came back from my India trip. I got engaged during my trip and my marriage has been fixed in Nov'08. Today when I checked the UCSIS site, the priority date for the eB2 category is current.
My questions are:
1) At this point of time, I do not want to join my old employer.Working with the current American company, can I still proceed and apply for the I-485 through my previous employer ??.
2) If not, Can I use the earlier priority date(April 2005) by applying for a fresh GC(perm labor/ I-140) from my current employer?
3) To use the earlier priority date(April 2005), do I need to take approval letter from my previous employer ? Is there any chance that the old priority date can be revoked by the employer ??
If any of you guys have had/come across the same kind of scenario, please do let me know what would be the best way to proceed.
I really appreciate your response in this regard.
Thanks!!
more...
geve
11-08 01:45 PM
Austin, Houstin and Dalls not less than 10000 H1B candiadates. Atleaset target for 1000 (10%).
Come on guys.
Come on guys.
thomasstuart
11-22 05:59 AM
Hi there,
I haven't got any ideas, but I was wondering if you ever got a solution
as I would like to do the same thing. Cheers!
I haven't got any ideas, but I was wondering if you ever got a solution
as I would like to do the same thing. Cheers!
more...
manderson
01-19 07:41 AM
Is it possible to set up a poll to monitor the rate of I-140 approvals from NSC for eb categories?
http://www..com/usa-immigration-trackers/i140-graph/
http://www..com/usa-immigration-trackers/i140-graph/
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Chicago Desi
03-15 03:39 PM
Yes, wait for an RFE and do what they ask you to do in that RFE.
My wife and I did our medicals last July and applied for our I485. However, my wife was pregnant so the doctor decided to not do x-rays and some vaccinations and inform USCIS it should be done after the pregnancy.
Now after we had the baby, do we have to wait for an RFE to come asking us for the missing part of the medical? Or can we be proactive and go complete the medicals and send it to USCIS?
Our PD and RD are close to becoming current, so we may benefit if the second scenario is possible.
My wife and I did our medicals last July and applied for our I485. However, my wife was pregnant so the doctor decided to not do x-rays and some vaccinations and inform USCIS it should be done after the pregnancy.
Now after we had the baby, do we have to wait for an RFE to come asking us for the missing part of the medical? Or can we be proactive and go complete the medicals and send it to USCIS?
Our PD and RD are close to becoming current, so we may benefit if the second scenario is possible.
more...
watzgc
08-28 05:09 PM
Got 2 year EAD from NSC while pending i140 for more than 1 yrs.
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rbharol
08-23 04:50 PM
Oh yeah, we are seasoned with US immigration oil to look anything thrown to us in a positive manner.
be positive, be optimistic and things will happen on its due course. By that time you will be eligible to become sanyasi as you would have mastered the skills of patience and looking at +ve on -ves.
hmm no shootings now... I am venting my frustrations. You too can do.
Look at the positive in your post too. People goto Himalayas to become Sanyasi.
We are learning the virtue of patience here itself... ;) :D :cool:
be positive, be optimistic and things will happen on its due course. By that time you will be eligible to become sanyasi as you would have mastered the skills of patience and looking at +ve on -ves.
hmm no shootings now... I am venting my frustrations. You too can do.
Look at the positive in your post too. People goto Himalayas to become Sanyasi.
We are learning the virtue of patience here itself... ;) :D :cool:
more...
SAPGURU
01-04 07:30 PM
My company is multinational company and per their company policy they can not file two I 140. They are asking me to make a choice . Unfortunalty i am not in position to leave this company and join another one. Please advice what should i choose EB3 04 OR eb2 06.
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vempati
09-13 08:53 AM
Cngrats vempati:)..is your 140 approved from NSC or TSC?
and at what time is your application signed by R. Mickels ?
Received @ 9.01 AM, Mine approval from TSC..
and at what time is your application signed by R. Mickels ?
Received @ 9.01 AM, Mine approval from TSC..
more...
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chehuan
01-17 04:26 PM
hey
i wanted to know what are the chances of a persons i40 to be denied if another with the same profile in the same team and same application is recently denied
for your information both are masters candidates and are eb2 filed
but his was file months before mine and he got audited
mine is in the process of being filed
not sure of whether this even matters and cases are indepedent
but just wanted to know ahead of time if it calls for a sure denial
thanks
chehuan
i wanted to know what are the chances of a persons i40 to be denied if another with the same profile in the same team and same application is recently denied
for your information both are masters candidates and are eb2 filed
but his was file months before mine and he got audited
mine is in the process of being filed
not sure of whether this even matters and cases are indepedent
but just wanted to know ahead of time if it calls for a sure denial
thanks
chehuan
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orangutan
10-04 03:57 PM
Good, USCIS is working on saturday for you. You are lying again like you did for your visa?
finally approved... got magic emails this morning :D:D
How does one go about canceling the pending EB2-NIW i-485 (possibly get the money back... will be glad to donate it all to IV :D:D)
finally approved... got magic emails this morning :D:D
How does one go about canceling the pending EB2-NIW i-485 (possibly get the money back... will be glad to donate it all to IV :D:D)
more...
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bsbawa10
08-14 10:50 PM
The spreadsheet is totally sorted now according to the PD. I had to make one change though. The day of the month of PD was not mentioned and I had to write something to sort it out. I made it 1st of the month for everybody to be able to so sorting. You can change the day if you want to. Also please do not sort the data yourself. I will do it periodically. Just enter your info at the end.
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rjgleason
March 3rd, 2004, 06:52 PM
Its a great shot and I like the way there is the "light and the end of the tunnel"
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m306m
12-12 03:32 PM
Vallabhu is inaccurate. You can leave the US with an expired I94. Immigration Officials do not collect the I94 from an individual, more often it is the airline staff who collect it and pass to immigration. Also you status come into play when you enter the US. When you fly in just show your AP and I485 receipt and you should be fine.
Your wife might have a problem in leaving US with expired I94 , if the immigration officer who is collecting sees that I94 is expired she is subject to 10 year BAN unless she goes CANADA or MEXICO route where they don't collect I94's and to come back in she needs advance parole to be approved receipt may not help .
Your wife might have a problem in leaving US with expired I94 , if the immigration officer who is collecting sees that I94 is expired she is subject to 10 year BAN unless she goes CANADA or MEXICO route where they don't collect I94's and to come back in she needs advance parole to be approved receipt may not help .
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vxg
03-25 02:43 PM
If you work for a consulting firm requiring you to work for clients at various locations your labor application should have stated as various locations within US instead of one location. Since your labor was filed in 2002 i assume it was using old labor process (State labor than Regional thru BEC), the rules for that labor filing state that Company should file the state labor in the state where it is headquartered if employee is supposed to working at various locations. My labor was filed that way and application stated location as various within US. If you had that than it should not be an issue.
On March 12 2009 I got an query on my I-485.
Requesting discrepancy in the labor applied on Nov'7 2002 and present working place.
My company(abc ltd) applied labor on Nov'07 2002 while I was working at the clients(xyz) place in Los Angeles.
I got my I-140 approved on Feb'15 2006, while I was with the same client(xyz) at that time.
On Dec'04 2006 I moved to Detroit, started working with different client.
RFE goes like this.
The Documentation submitted with your application and/or a review of service records indicate that you no longer reside in the same state or geographical location as the underlying form i-140 immigration petitioner and /or job location specified by your intended permanent employer.
There fore submit a currently dated letter from your original form I-140 employer which which address this discrepancy.
I am still working with the same employer who filed my labor certification.
Any gurus who can suggest me on the query would be greatly appreciated.
On March 12 2009 I got an query on my I-485.
Requesting discrepancy in the labor applied on Nov'7 2002 and present working place.
My company(abc ltd) applied labor on Nov'07 2002 while I was working at the clients(xyz) place in Los Angeles.
I got my I-140 approved on Feb'15 2006, while I was with the same client(xyz) at that time.
On Dec'04 2006 I moved to Detroit, started working with different client.
RFE goes like this.
The Documentation submitted with your application and/or a review of service records indicate that you no longer reside in the same state or geographical location as the underlying form i-140 immigration petitioner and /or job location specified by your intended permanent employer.
There fore submit a currently dated letter from your original form I-140 employer which which address this discrepancy.
I am still working with the same employer who filed my labor certification.
Any gurus who can suggest me on the query would be greatly appreciated.
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HOPE_GC_SOON
07-15 11:49 AM
The only way to go for Premium processing of 140, is to extend H1 beyond 6 yrs..as of current regulations. So in your case, if you are still around 5 yrs of H1. that would be the solid case, to opt for PP of 140 and h1 ext. So that, your case can have few updates.
This is only my understanding.. I am not a lawyer. I know the pain of Backlog center delays, as my case was there since 09/03 till 05/07. I respect your concern and hopefully u guys are taken care.
Thanks
My husband's GC priority date is EB2 Dec 2003, but I-140 is still pending. We applied for I-140 and I-485 in Nov 2007 after labor was stuck in backlog centers for 4 years.
We are done with finger prints few months ago. No updates on I-140 or I-485s after that.
Is it useful if we take Info pass appintment in this case and enquire about our case status?
Why not USCIS offer I-140 premium processing for older priority dates?
Can I-485 be pre-adjudicated even if I-140 is pending?.
Appreciate any information. Thanks.
This is only my understanding.. I am not a lawyer. I know the pain of Backlog center delays, as my case was there since 09/03 till 05/07. I respect your concern and hopefully u guys are taken care.
Thanks
My husband's GC priority date is EB2 Dec 2003, but I-140 is still pending. We applied for I-140 and I-485 in Nov 2007 after labor was stuck in backlog centers for 4 years.
We are done with finger prints few months ago. No updates on I-140 or I-485s after that.
Is it useful if we take Info pass appintment in this case and enquire about our case status?
Why not USCIS offer I-140 premium processing for older priority dates?
Can I-485 be pre-adjudicated even if I-140 is pending?.
Appreciate any information. Thanks.
waiting4gc
07-18 03:06 PM
As long as you file I 140 as soon as your labor is approved. Spouse has nothing to do with application till it hits the 485 stage so you can file your 485 later.
Make sure you file your 140 in the regular channels and it should take some time to get approved.
Even if you decide to change jobs, after 140 is approved, the priority date is yours. So if you have a copy of the approved I 140 when you change jobs, you have to start the process all over again but by submitting the approved I 140 from previous company, you can maintain the priority date.
Hello guys,
First of all thank you very much for your answers in advance.
I am currently on H1-B (valid till 2010) and recently applied for PERM LC. I work for a non-profit organization and the category is EB-2. Nationality: Turkey.
I was planning to go for my GC but my plans have recently changed. I am planning to get married in 2009 Summer (earlier is not possible). I have done my research and found out that if I receive my GC before I get married, it will be very difficult to get my spouse here.
I am expecting to get the LC in about 4 months. Then, most probably I can file I-140 and I-485 concurrently as the visa numbers will be available for my case. However, I am not planning to do it anymore due to the reasons mentioned above.
So, here are my questions:
Now, the new rule tells that LC certification must be used within 180 days. So, can I just file I-140 while single and even though my visa numbers are current for I-485 (Can I seperate I-140 and I-485 and save I-1485 for after marriage - Summer 2009). Does it matter for the purposes of I-140, if I am single - and then add my spouse to I-485 in the US (She will be on H-4 with me here)?
I am not planning to change my job. So, would my I-140 have an expiration date?
Do you have any other suggestions? Thank you!
Make sure you file your 140 in the regular channels and it should take some time to get approved.
Even if you decide to change jobs, after 140 is approved, the priority date is yours. So if you have a copy of the approved I 140 when you change jobs, you have to start the process all over again but by submitting the approved I 140 from previous company, you can maintain the priority date.
Hello guys,
First of all thank you very much for your answers in advance.
I am currently on H1-B (valid till 2010) and recently applied for PERM LC. I work for a non-profit organization and the category is EB-2. Nationality: Turkey.
I was planning to go for my GC but my plans have recently changed. I am planning to get married in 2009 Summer (earlier is not possible). I have done my research and found out that if I receive my GC before I get married, it will be very difficult to get my spouse here.
I am expecting to get the LC in about 4 months. Then, most probably I can file I-140 and I-485 concurrently as the visa numbers will be available for my case. However, I am not planning to do it anymore due to the reasons mentioned above.
So, here are my questions:
Now, the new rule tells that LC certification must be used within 180 days. So, can I just file I-140 while single and even though my visa numbers are current for I-485 (Can I seperate I-140 and I-485 and save I-1485 for after marriage - Summer 2009). Does it matter for the purposes of I-140, if I am single - and then add my spouse to I-485 in the US (She will be on H-4 with me here)?
I am not planning to change my job. So, would my I-140 have an expiration date?
Do you have any other suggestions? Thank you!
amberGC
07-19 11:00 AM
Chanduv thanks for your reply. I could not think of anyone who would know this in dept... Do you think there is still hope for me? I am about to give up on 2008 match and wait until gc comes...
Paskal, thanks for sharing your wisdom. I guess I need to wait a few more years...
I am new here- will check the IV Physicians group.
Paskal, thanks for sharing your wisdom. I guess I need to wait a few more years...
I am new here- will check the IV Physicians group.
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