Nikhil2
02-10 05:01 PM
Thanks for everybody's reply. I am still confused. Here is more info about my case.
I plan to transfer PD from EB3 to EB2.
My EB3 RIR was approved. The job description required BS and nothing else. I-140 hasn't been filed yet.
MY EB2 PERM was filed and pending. The job description required Master and nothing else.
I obtained the Master degree even before filing EB3.
Now, I plan to file the 1st I-140 based on my old LC. My attorney said it would be approved without any problem.
Then, I plan to file the 2nd I-140 based on new LC and request PD carryover. My attorney said that I would have problem at this time. Since both LCs belong to the same company and both have the same job title - Software Engineer. And, they have different job requirement.
Any more comments?
I think it all depends on what the job qualifications required are.
Hope this helps
I plan to transfer PD from EB3 to EB2.
My EB3 RIR was approved. The job description required BS and nothing else. I-140 hasn't been filed yet.
MY EB2 PERM was filed and pending. The job description required Master and nothing else.
I obtained the Master degree even before filing EB3.
Now, I plan to file the 1st I-140 based on my old LC. My attorney said it would be approved without any problem.
Then, I plan to file the 2nd I-140 based on new LC and request PD carryover. My attorney said that I would have problem at this time. Since both LCs belong to the same company and both have the same job title - Software Engineer. And, they have different job requirement.
Any more comments?
I think it all depends on what the job qualifications required are.
Hope this helps
wallpaper honesty
uslegals
11-04 03:15 PM
radhay - i have sent you a PM. I would appreciate it if you can please respond.
Thank you!
Thank you!
Enginator
09-17 12:58 PM
My school has a rule where 6 credit hours for grad school are considered full time, whereas for most other schools its 9 credits. Because of this I am forced to take 3 credits per semester because of my H1 status, and to remain as a part time. I dont recommend taking a risk at this stage, and though this makes me a quarter part time student, its better than taking no classes :)
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jungalee43
06-25 09:38 PM
When we went to renew our H1 and H4 together, they just asked for I797 for my H1B. When I reminded the girl collecting papers in the cosulate to attach I797 for my wife's H4, she said it was not necessary and just asked for marriage certificate. That is the only document they asked for to consider H4 extension. Hope that helps.
All the best.
All the best.
more...
ashutrip
06-18 08:52 AM
Hello Leo,
I am not a lawyer so don't take my word ... but this is what I have heard.
Labour thru PERM takes 45 to 60 days (considering company has to publish ad and stuff)...
You can file I-140 and I-485 only after your Labour is approved. And you can file them concurrently if the dates for India are current.
Regarding how long the dates will remain current, I don't think anyone would have the right answer. Atleast we know it is current till next bulletein comes in.
Regards,
GreenMe
my freind labor thru PERM is taking upto 150-180 days if ur application is in Atlanta.....they are hatching the files......saala when dates are current my labor in not clear......kya karega pandu jab kismet saala g&%*$u
I am not a lawyer so don't take my word ... but this is what I have heard.
Labour thru PERM takes 45 to 60 days (considering company has to publish ad and stuff)...
You can file I-140 and I-485 only after your Labour is approved. And you can file them concurrently if the dates for India are current.
Regarding how long the dates will remain current, I don't think anyone would have the right answer. Atleast we know it is current till next bulletein comes in.
Regards,
GreenMe
my freind labor thru PERM is taking upto 150-180 days if ur application is in Atlanta.....they are hatching the files......saala when dates are current my labor in not clear......kya karega pandu jab kismet saala g&%*$u
acecupid
07-08 04:39 PM
Quickly, this is what I know so far. If you bring your wife here on H4 and then decide to work on EAD you will have to change her to F1 before you stop your H1B.
This is because she will have to be in status to aply for change of status (H4 to F1). Howeve she will be stuck in US after she will be on F1, because no US Emabassy will not stamp her F1 visa in India or elsewhere is you are in US and have applied for GC
So, no problme if she comes on H4, then switches to F1 (while you are still on H1B) and stays on F1 until your dates get current and you add her on your app. After she gets F1 from H4 though, she has to stay in the US
I agree with ssterian01. I read similar views from ron gotcher's forum about this issue. Even if wife is in pure non-immigrant category like F1, it is not a problem to add her to I-485 when dates become current. If you are on H1 and cannot mailtain H1 status for long and I-485 for wife has not been applied then you have little choice but to do a COS to F1 for wife.
This is because she will have to be in status to aply for change of status (H4 to F1). Howeve she will be stuck in US after she will be on F1, because no US Emabassy will not stamp her F1 visa in India or elsewhere is you are in US and have applied for GC
So, no problme if she comes on H4, then switches to F1 (while you are still on H1B) and stays on F1 until your dates get current and you add her on your app. After she gets F1 from H4 though, she has to stay in the US
I agree with ssterian01. I read similar views from ron gotcher's forum about this issue. Even if wife is in pure non-immigrant category like F1, it is not a problem to add her to I-485 when dates become current. If you are on H1 and cannot mailtain H1 status for long and I-485 for wife has not been applied then you have little choice but to do a COS to F1 for wife.
more...
sandyn16
11-01 12:30 AM
I faced the same situation last year when my I94 expired because my passport expired in April 2007. I got my passport renewed but missed the I94 expiry date.
I consulted my attorney and he advised leaving the country asap and coming back. I went to Canada (since I had a Canadian visitor visa) via Buffalo and came back, but the immigration officer told me am fine as long as my I797 is valid.
I heeded my lawyers advise finally and visited India for a few weeks and came back and got new I94.
Based on the information I gathered at that time, there is some time period , I think 40 days after the I94 expiry date by which you can file for new I94 within this country else you have to go out of the country and come back.
I consulted my attorney and he advised leaving the country asap and coming back. I went to Canada (since I had a Canadian visitor visa) via Buffalo and came back, but the immigration officer told me am fine as long as my I797 is valid.
I heeded my lawyers advise finally and visited India for a few weeks and came back and got new I94.
Based on the information I gathered at that time, there is some time period , I think 40 days after the I94 expiry date by which you can file for new I94 within this country else you have to go out of the country and come back.
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nepaliboy
02-11 10:01 PM
I am also same boat. Not yet
more...
LONGGCQUE
05-12 04:16 PM
A friend at my workplace is current and is waiting .... I know atleast 3 cases at my workplace who are current in May bulletin and waiting
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ivgclive
10-29 01:53 PM
Because,
You have been threatened
You have been fired
You have been unemployed...
...You want to try something against them. But what are we trying to prove?
Take it to court only if you think you want to sue them and get money. As other said, it is an expensive process on your side too.
If you just want to prove it is a "wrongful termination", you don't have to. In US eveyone knows what is "fired" means in this economy.
If you just want to be reinstated in the same position, it is difficult to continue the job in a private company, if they are not willing to employ you.
In few days, the urge will go away.
You will realise that your new job is much better than the one you left. Just enjoy.
You can lodge a complaint with DOL, USCIS, sue your employer, prove 'wrongful termination' etc. But unncessary load to carry.
Good luck with your new job.
Hi Guys,
I am based out of NJ and was working for an imports company for more than 8 years. I have an approved I-140 with this company. This company wanted me to sign an overly broad non compete agreement which would be valid for 5 years after termination. I refused to sign this agreement and I was verbally threatened with dire consequences if I did not sign. They fired me yesterday for not signing it and also stated that they are canceling my H1. Would this be treated as wrongful termination? Is there any way that I can file a complaint with the DOL? Has the complaint to be filed thru an attorney or can I do it myself?
Good news is another company has already applied for my H1 transfer.
I will appreciate all suggestions and advices for which I thank you in advance.
You have been threatened
You have been fired
You have been unemployed...
...You want to try something against them. But what are we trying to prove?
Take it to court only if you think you want to sue them and get money. As other said, it is an expensive process on your side too.
If you just want to prove it is a "wrongful termination", you don't have to. In US eveyone knows what is "fired" means in this economy.
If you just want to be reinstated in the same position, it is difficult to continue the job in a private company, if they are not willing to employ you.
In few days, the urge will go away.
You will realise that your new job is much better than the one you left. Just enjoy.
You can lodge a complaint with DOL, USCIS, sue your employer, prove 'wrongful termination' etc. But unncessary load to carry.
Good luck with your new job.
Hi Guys,
I am based out of NJ and was working for an imports company for more than 8 years. I have an approved I-140 with this company. This company wanted me to sign an overly broad non compete agreement which would be valid for 5 years after termination. I refused to sign this agreement and I was verbally threatened with dire consequences if I did not sign. They fired me yesterday for not signing it and also stated that they are canceling my H1. Would this be treated as wrongful termination? Is there any way that I can file a complaint with the DOL? Has the complaint to be filed thru an attorney or can I do it myself?
Good news is another company has already applied for my H1 transfer.
I will appreciate all suggestions and advices for which I thank you in advance.
more...
la_guy
01-10 06:47 PM
Find the link below...
http://numbersusa.com/interests/legislation_proposed110.html
http://thomas.loc.gov/cgi-bin/bdquery/z?d110:SN00009:@@@L&summ2=m&
I think the bill has been introduced on Jan 4th, 2007. Looks its been referred to the senate judiciary committee.
http://numbersusa.com/interests/legislation_proposed110.html
http://thomas.loc.gov/cgi-bin/bdquery/z?d110:SN00009:@@@L&summ2=m&
I think the bill has been introduced on Jan 4th, 2007. Looks its been referred to the senate judiciary committee.
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ash_2005
09-12 03:36 PM
Not in the system yet, and no checks cashed.
Submitted: June 30, 2007
Reached USCIS: July 2nd, 2007
Signed for by: J.Barrett @ 10:25 AM
I have no clue as to what is going on here ...worrying indeed.
Submitted: June 30, 2007
Reached USCIS: July 2nd, 2007
Signed for by: J.Barrett @ 10:25 AM
I have no clue as to what is going on here ...worrying indeed.
more...
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vallabhu
06-15 09:10 AM
contribution close to 500$ so far wiling to contribute another 500$ in next 5 months.
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Ramba
09-25 07:11 PM
Thanks for the reply. My lawyer told me that she has seen a case when the green card application was accidently submitted with a copy of an expired passport, and there wasn't any problem. However, she's not certain if this is what happens with every application submitted with an expired passport.
Could someone with experience related to this please reply? I'd really appreciate it.
Passport is a just a travel document to enter. Once entered legally, passport has no importance for immigration (GC) purpose. There is no need to renew the passport, unless you plan to travel. In fact, you dont need a passport to enter USA, if you have Green card. The important thing is that you have to always maintain legal status in US. If you are in non-immigrant status, you have to watch for I-94 expiry, and renew them on time. Not the passport. If you are apply for GC, USCIS want to confirm that you entered the US legally with valid visa and maintained your legal status in US. They dont care about the expiry of ypur passport.
Could someone with experience related to this please reply? I'd really appreciate it.
Passport is a just a travel document to enter. Once entered legally, passport has no importance for immigration (GC) purpose. There is no need to renew the passport, unless you plan to travel. In fact, you dont need a passport to enter USA, if you have Green card. The important thing is that you have to always maintain legal status in US. If you are in non-immigrant status, you have to watch for I-94 expiry, and renew them on time. Not the passport. If you are apply for GC, USCIS want to confirm that you entered the US legally with valid visa and maintained your legal status in US. They dont care about the expiry of ypur passport.
more...
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samcam
05-19 02:39 PM
Welcome to our newest member, mmohan03
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kondur_007
07-27 06:47 PM
Thank you for the post.
This is a nice comprehensive analysis by Ron.
Eventhough the issue of maitaining other non-immigrant status (like H or L) is still up for the debate, he did clarify the very confusing memo from CIS.
This is a nice comprehensive analysis by Ron.
Eventhough the issue of maitaining other non-immigrant status (like H or L) is still up for the debate, he did clarify the very confusing memo from CIS.
more...
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lordoftherings
06-26 01:48 PM
Clause 2 is the correct one, I suppose
2) Beginning of the next fiscal yr, if you are on EAD status, then you are off the hook
2) Beginning of the next fiscal yr, if you are on EAD status, then you are off the hook
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MYGC2008
07-19 09:17 AM
07/15/2010: Change of Address and Potential Impact on Last Minute Adjudication of EB-485 Applications Whose Visa Numbers Become Available
As people are aware, the USCIS has "preadjudicated" a large number of pending I-485 cases whose priority dates are close to the pace of the immigrant visa number availability in the Visa Bulletin and has been awaiting the visa number availability for the final decision. Generally, change of address to outside of the metropolitan area or different state is considered a red flag in the final adjudication process as the employment-based nonimmigrant status or intended place of employment is the "key" to the labor certification based immigration proceeding and labor certification remains valid only if the offered job in the place of employment continue to exist. From the perspective of the agency, one may move out of the intended place of employment either because of change of employment or loss of employment or other factors that contradicts to the inended place of employment for which a labor certification has been granted and the applicant is supposedly to work at the location once a green card is approved. Since the agency will not know why the address of residence has changed out of the intended place of employment metropolitan area or state, the last minute check can lead to issuance of RFE or in the worst cases, tranferring the file to a local district or field office for interview. Even if such move is justified in most of cases under AC 21, such RFE or transfer to local offices can cause delays in adjudication of the I-485 application. In some situation, while they deal with the RFE or local office interview scheduling, they can face the visa number retrogression. For this reason, those whose visa numbers are scheduled to become current in July and August 2010 may not want to move their place of residence out of the current metropolitan areas or the current states. Once they moved, they are required to report change of address in 10 days, knowingly failure of which can be considered a ground for deportation and denial of I-485 application. Accordingly, those who have already moved should file AR-11 within 10 days of move regardless of its impact on the final I-485 adjudication process. This reporter wants to remind the readers that place and "location" of employment is a key to the employment-based nonimmigrants and immigrants from the perspectives of U.S. immigration laws because the law is intended to protect U.S. labor market from unqualified or illegal immigrants and "wage" in each location constitutes a primary factor to determine the labor market and permit of a foreign worker to work in the market area at the prevailing wage or higher wage in the specific market area. Just a reminder.
As people are aware, the USCIS has "preadjudicated" a large number of pending I-485 cases whose priority dates are close to the pace of the immigrant visa number availability in the Visa Bulletin and has been awaiting the visa number availability for the final decision. Generally, change of address to outside of the metropolitan area or different state is considered a red flag in the final adjudication process as the employment-based nonimmigrant status or intended place of employment is the "key" to the labor certification based immigration proceeding and labor certification remains valid only if the offered job in the place of employment continue to exist. From the perspective of the agency, one may move out of the intended place of employment either because of change of employment or loss of employment or other factors that contradicts to the inended place of employment for which a labor certification has been granted and the applicant is supposedly to work at the location once a green card is approved. Since the agency will not know why the address of residence has changed out of the intended place of employment metropolitan area or state, the last minute check can lead to issuance of RFE or in the worst cases, tranferring the file to a local district or field office for interview. Even if such move is justified in most of cases under AC 21, such RFE or transfer to local offices can cause delays in adjudication of the I-485 application. In some situation, while they deal with the RFE or local office interview scheduling, they can face the visa number retrogression. For this reason, those whose visa numbers are scheduled to become current in July and August 2010 may not want to move their place of residence out of the current metropolitan areas or the current states. Once they moved, they are required to report change of address in 10 days, knowingly failure of which can be considered a ground for deportation and denial of I-485 application. Accordingly, those who have already moved should file AR-11 within 10 days of move regardless of its impact on the final I-485 adjudication process. This reporter wants to remind the readers that place and "location" of employment is a key to the employment-based nonimmigrants and immigrants from the perspectives of U.S. immigration laws because the law is intended to protect U.S. labor market from unqualified or illegal immigrants and "wage" in each location constitutes a primary factor to determine the labor market and permit of a foreign worker to work in the market area at the prevailing wage or higher wage in the specific market area. Just a reminder.
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ksrk
06-02 07:01 PM
I'm sorry -- I didn't follow. Can I use the H1-B which has been extended for 3 yrs since my 140 was approved already for a yr and the visa numbers weren't current? (I've already used up by 6 yrs)
Thanks,
Murali
Sorry Murali, I wasn't clear in my earlier post.
1. Your new "extended for 3-yrs" H1B can be trasferred to your new employer. Your new employer files for the transfer of this approved H1B and you can work for the new employer legally with no hassles.
2. Now regarding your green card, since your PD is not current and you haven't been able to apply for AOS yet (and thus, "AOS pending for 180 days" isn't relevant either), you will have to restart your GC process - PERM and then I-140 followed by I-485 (when PD is current). At the last stage, when you apply for I-485 (AOS), you can recapture your older PD (Feb 2008), but not before that.
3. If you wait till you are able to file your AOS and then 180 days after you do file it, and THEN move to a similar job, then you won't have to restart your GC process. Now, given the current visa bulletin, this is hard to predict and there are no guarantees your job offer will still be available at that time.
Hope this clarifies my earlier post - sorry for the confusion.
Thanks,
Murali
Sorry Murali, I wasn't clear in my earlier post.
1. Your new "extended for 3-yrs" H1B can be trasferred to your new employer. Your new employer files for the transfer of this approved H1B and you can work for the new employer legally with no hassles.
2. Now regarding your green card, since your PD is not current and you haven't been able to apply for AOS yet (and thus, "AOS pending for 180 days" isn't relevant either), you will have to restart your GC process - PERM and then I-140 followed by I-485 (when PD is current). At the last stage, when you apply for I-485 (AOS), you can recapture your older PD (Feb 2008), but not before that.
3. If you wait till you are able to file your AOS and then 180 days after you do file it, and THEN move to a similar job, then you won't have to restart your GC process. Now, given the current visa bulletin, this is hard to predict and there are no guarantees your job offer will still be available at that time.
Hope this clarifies my earlier post - sorry for the confusion.
gc_on_demand
03-18 01:09 PM
Hi gc_on_demand:
Great Analysis! What are your predictions for EB3 for this year?
You mean to say that EB3 (40K) is already used up for this year :-(
Thanks,
Rayoflight
All Eb3 will get close to 40k this year . There will not be any spill over from Eb1 or Eb2. Also Eb3 ROW is not current so chances are very minimal that Eb3 india and China will get any exxtra visa. Only CIR or Recapture is hope for Eb3. OR as I said in earliar post that if Labor dept makes too hard to file for Eb2 in coming years then after 2-3 years you may see spill over to Eb3. otherwise it will crawl. But chances are there that they will recapture or do CIR in between.
Great Analysis! What are your predictions for EB3 for this year?
You mean to say that EB3 (40K) is already used up for this year :-(
Thanks,
Rayoflight
All Eb3 will get close to 40k this year . There will not be any spill over from Eb1 or Eb2. Also Eb3 ROW is not current so chances are very minimal that Eb3 india and China will get any exxtra visa. Only CIR or Recapture is hope for Eb3. OR as I said in earliar post that if Labor dept makes too hard to file for Eb2 in coming years then after 2-3 years you may see spill over to Eb3. otherwise it will crawl. But chances are there that they will recapture or do CIR in between.
Z.Liu
06-18 05:57 PM
yeah. still, isn't it a little "short"?!:)
I mean, having seeing some really long lists posted by other members, I'm a littlle concerned. :cool:
I mean, having seeing some really long lists posted by other members, I'm a littlle concerned. :cool:
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