peer123
06-17 09:18 PM
Hi guys, I have a unique situation, thanks to july visa bulletin. I have a EB3 labor and I 140 approved with the PD as May 2004. Recently I applied EB2 PERM in order to port the PD from EB3 to EB2. My EB2 perm is approved now. Now, I am in dilemma to choose between EB2 and EB3. I can apply EB2 I 140 and I 485 concurrently (by assuming that they will port the PD) or I can apply I485 (for previously approved EB3). Please suggest as to what route I should take.
I suggest go with EB2 if the priority date is way ahead of EB3
I suggest go with EB2 if the priority date is way ahead of EB3
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Sideliner
06-15 03:16 PM
Hi Folks,
It is crunch time! I have 15 days left to get an H1B 3 yr. extension (since PD is current EB3 India, my H1 expires July 30th), so I need to decide whether I should file I-140 in Premium Processing.
How much time has it taken for members to get 140 approved though PP? I value your feedback, or pls. point me to a poll/data elsewhere!
Thanks & Regards!
I got mine approved exactly in 3 days. It took 2 weeks actually a copy of the approval notice after that.
It is crunch time! I have 15 days left to get an H1B 3 yr. extension (since PD is current EB3 India, my H1 expires July 30th), so I need to decide whether I should file I-140 in Premium Processing.
How much time has it taken for members to get 140 approved though PP? I value your feedback, or pls. point me to a poll/data elsewhere!
Thanks & Regards!
I got mine approved exactly in 3 days. It took 2 weeks actually a copy of the approval notice after that.
ameryki
04-22 09:20 PM
that is what the embassy has stamped on my old visa pages when I got a renewal visa stamped.
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same_old_guy
10-27 01:49 PM
The Director of the U.S. Citizenship and Immigration Services (USCIS), Emilio Gonzalez, stated in an interview with the New York Times that he is recommending a significant increase in USCIS fees to cover the cost of processing applications. While the article specifically mentions naturalization applications, it does not clearly limit the recommended increase only to this application. It is possible, therefore, that many applications and petitions processed by the USCIS could be affected by his recommendation.
http://www.murthy.com/news/n_feepos.html
http://www.murthy.com/news/n_feepos.html
more...
Nagireddi
06-18 10:13 PM
Hi EB3Retro,
I promise I will be with IV till we acheive all our goals.
I promise I will be with IV till we acheive all our goals.
darsh678
02-12 02:29 PM
Hello
I have got done my medical exam required for adjust of status.
My doc gave me only a single sheet of page in a sealed envelop to send to the USCIS for the purpose.
My QUESTION is, is it only one page to be submitted in the sealed envelop, as the form doesnt have any of my passport details or reciept numbers for the form 140's/485
He has only given me page 3 of the attached file, is that sufficient?
http://www.uscis.gov/files/form/I-693.pdf
http://www.uscis.gov/files/form/I-693.pdf
Please advice as i have recieved an RFE for this in January and have to submit it in a timely manner.
Thanks.
I have got done my medical exam required for adjust of status.
My doc gave me only a single sheet of page in a sealed envelop to send to the USCIS for the purpose.
My QUESTION is, is it only one page to be submitted in the sealed envelop, as the form doesnt have any of my passport details or reciept numbers for the form 140's/485
He has only given me page 3 of the attached file, is that sufficient?
http://www.uscis.gov/files/form/I-693.pdf
http://www.uscis.gov/files/form/I-693.pdf
Please advice as i have recieved an RFE for this in January and have to submit it in a timely manner.
Thanks.
more...
praneet
08-19 10:12 PM
Hi there,
I am working for a small Indian consulting company with 60-70 employes. My H1b expires on Sep 30 2009 and initial extension for next 3 years was filed on a regular processing on May 13th and moved to premium processing on Jul 27th. I was working with an insurance client at the time it was filed and expedited thru premium processing. I also mentioned the client name and address at the time of filing extn.
Now I got below RFE asking for a supervisor name from the client (they also mentioned client's name in RFE)
1)The project name the beneficiary is assigned to
2)Whether there is a vendor through whom the beneficiary's services are provided;
3)The name of the vendor appilicable;
4)Whether the end client or the vendor supervises the beneficiary;
5)The name, title, contact information of the person who primarily supervises or will supervise the beneficiary at the worksite;
6)Whether the worksite has the ability to assign the beneficiary to a different employer.
The day I received RFE the contract between my company and end client came to surprise end(FATE!!).
Here are my Questions:
1) One of the major Indian software company is ready to give me offer and take me as their employee in US. Can I withdraw my petition thru my employer and ask Indian company to apply for a transfer before Sep 30th?
2) what will be the success rate of transfer after withdrawal? and consequences in my future GC processing ?
3) What if my employer withdraws petition and files new petition mentioning that I am working on in-house project. We have some work at in house too.
4) My employer also looking for other clients and hopefully I will get one soon. a) In this case Can I withdraw the petition and apply a new one with a new client information? b) or Respond the current RFE with new client details and explnation. (I heard that USCIS don't entertain this.)
5) what is the better option to get the extension approved out of above all? New suggestions also welcome
Thanks in advance.
I am working for a small Indian consulting company with 60-70 employes. My H1b expires on Sep 30 2009 and initial extension for next 3 years was filed on a regular processing on May 13th and moved to premium processing on Jul 27th. I was working with an insurance client at the time it was filed and expedited thru premium processing. I also mentioned the client name and address at the time of filing extn.
Now I got below RFE asking for a supervisor name from the client (they also mentioned client's name in RFE)
1)The project name the beneficiary is assigned to
2)Whether there is a vendor through whom the beneficiary's services are provided;
3)The name of the vendor appilicable;
4)Whether the end client or the vendor supervises the beneficiary;
5)The name, title, contact information of the person who primarily supervises or will supervise the beneficiary at the worksite;
6)Whether the worksite has the ability to assign the beneficiary to a different employer.
The day I received RFE the contract between my company and end client came to surprise end(FATE!!).
Here are my Questions:
1) One of the major Indian software company is ready to give me offer and take me as their employee in US. Can I withdraw my petition thru my employer and ask Indian company to apply for a transfer before Sep 30th?
2) what will be the success rate of transfer after withdrawal? and consequences in my future GC processing ?
3) What if my employer withdraws petition and files new petition mentioning that I am working on in-house project. We have some work at in house too.
4) My employer also looking for other clients and hopefully I will get one soon. a) In this case Can I withdraw the petition and apply a new one with a new client information? b) or Respond the current RFE with new client details and explnation. (I heard that USCIS don't entertain this.)
5) what is the better option to get the extension approved out of above all? New suggestions also welcome
Thanks in advance.
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coolgc
05-14 01:04 PM
You can file for your childs GC with yours before he turns 21.
Thank you so much!
Thank you so much!
more...
akela_topchi
01-20 12:42 AM
Dear Friends
I have a friend who is currently on H1B, currently on vacation in home-country, and stuck in PIMS verification.
1. he has H1B from current employer (valid till 2009) - Employer1.
2. another H1B from previous employer - Employer2. Previous employer ready to hire him again.
3. His spouse filed for his GC and his EAD, AP has already been received. Spouse has approved PERM, pending i140 and pending AOS.
He came on H4, converted to H1B (with Employer2), then switched to Employer1. Then went on vacation, and appeared for H1 re-stamping interview with i797, documents provided by current employer (Employer1).
Now he is stuck in PIMS verification, and the current employer want him to join asap and threatening to terminate her employment.
Assuming that current employer does not revoke H1B, but terminates him, can you help answer following doubts -
[A] validity of such a stamp on passport -
Q1. Will the visa stamp (with current employer) be vaild?
Q2. Previous employer hasn't revoked the H-1B, will that still be usable for jobs, re-entry?
[B] Re-entry
Q3. Inspite of termination, can the stamp and i797 of the current employer valid for re-entry?
Q4. Should he rather use i797 of the previous employer + passport (with stamp of current employer) for re-entry? Previous employer can provide offer letter and job description etc.? Is this route valid and will they allow re-entry on this?
Q5. Though he wants to continue on H-1B, but if his current situation may result in violation of any provisions, should he rather use Advance parole to re-enter?
THANKS A LOT IN ADVANCE FOR ALL YOUR RESPONSES!!!!
I have a friend who is currently on H1B, currently on vacation in home-country, and stuck in PIMS verification.
1. he has H1B from current employer (valid till 2009) - Employer1.
2. another H1B from previous employer - Employer2. Previous employer ready to hire him again.
3. His spouse filed for his GC and his EAD, AP has already been received. Spouse has approved PERM, pending i140 and pending AOS.
He came on H4, converted to H1B (with Employer2), then switched to Employer1. Then went on vacation, and appeared for H1 re-stamping interview with i797, documents provided by current employer (Employer1).
Now he is stuck in PIMS verification, and the current employer want him to join asap and threatening to terminate her employment.
Assuming that current employer does not revoke H1B, but terminates him, can you help answer following doubts -
[A] validity of such a stamp on passport -
Q1. Will the visa stamp (with current employer) be vaild?
Q2. Previous employer hasn't revoked the H-1B, will that still be usable for jobs, re-entry?
[B] Re-entry
Q3. Inspite of termination, can the stamp and i797 of the current employer valid for re-entry?
Q4. Should he rather use i797 of the previous employer + passport (with stamp of current employer) for re-entry? Previous employer can provide offer letter and job description etc.? Is this route valid and will they allow re-entry on this?
Q5. Though he wants to continue on H-1B, but if his current situation may result in violation of any provisions, should he rather use Advance parole to re-enter?
THANKS A LOT IN ADVANCE FOR ALL YOUR RESPONSES!!!!
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eilsoe
05-02 04:49 PM
lmao :lol:
nice one :P
nice one :P
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GC Struggle
04-21 10:44 AM
As long as you are matching the wage on teh LC you should be ok
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SH2009
06-10 09:04 PM
Current employer A, H1B cap-exempt and in 2nd year. Both H1B and attached I-94 will expire on 7/5/2009.
New employer B, H1B cap-subject, required starting to work on July 7/27/2009 or I may loose my offer.
I-485 is pending > 180 days. I have EAD and AP in hand. On 2/4/2008 I used AP once and the entry I-94 says PAROLED until 2/3/2009.
One attorney suggested to be able to start to work for employer B on 7/27/2009, I�ll need to file a new H1B (or you call it transfer) petition before 7/5/2009, requesting the start date on Labor Condition Application to be 7/27/09. The new H1B effective date will still be 10/1/2009.
Regardless the issue of going back to H1B from parole, my question is what is my status during the gap between 7/5/2009-7/27/2009 (before LAC effective) or 7/5/2009-9/30/2009 (Before new H1B effective)?
The other question is when you apply for H1B extension/transfer after using AP, which I-94 did you gave to USCIS?
New employer B, H1B cap-subject, required starting to work on July 7/27/2009 or I may loose my offer.
I-485 is pending > 180 days. I have EAD and AP in hand. On 2/4/2008 I used AP once and the entry I-94 says PAROLED until 2/3/2009.
One attorney suggested to be able to start to work for employer B on 7/27/2009, I�ll need to file a new H1B (or you call it transfer) petition before 7/5/2009, requesting the start date on Labor Condition Application to be 7/27/09. The new H1B effective date will still be 10/1/2009.
Regardless the issue of going back to H1B from parole, my question is what is my status during the gap between 7/5/2009-7/27/2009 (before LAC effective) or 7/5/2009-9/30/2009 (Before new H1B effective)?
The other question is when you apply for H1B extension/transfer after using AP, which I-94 did you gave to USCIS?
more...
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wata
06-21 07:51 PM
Friends,
I got LC and 140 approved in EB3. Now I refile my labor Cert in EB2 (IT manager) via PERM. Anybody has the same experience and know approximately processing time for this PERM to be approved. Thanks for any information.
I got LC and 140 approved in EB3. Now I refile my labor Cert in EB2 (IT manager) via PERM. Anybody has the same experience and know approximately processing time for this PERM to be approved. Thanks for any information.
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hotshots
06-22 11:16 AM
My friend who is currently working for a IT consulting firm has applied for H1B transfer to a direct hire position with a leading healthcare co. He is currently maintaining H1B status, working and getting paid.
He came to US originally on L1B in 2005 and applied for a L1 to H1B transfer (with change of status) which was approved in Oct 2006. The problem - he continued working for the L1B firm till Dec 06 and then joined the H1B employer. At that time, he did not know that he was supposed to start working for H1B employer right from Oct 2006 when the COS was approved. The lawyer who filed the application advised him that it was OK to continue working for the L1B firm till Dec. He has subsequently maintained H1B status at all times and has even travelled out of the country, got H1B stamped etc. without any issue.
Questions:
- Was he out of status for 2 months (Oct to Dec 2006) when he continued working for the L1 firm even after COS approval?
- Could this be a problem for the H1B transfer that has been currently applied for. Does USCIS check only whether the individual is currently maintaining H1B status, or do they go back and look for past periods also to determine status violations?
- Even if USCIS determines he had violated his status, is there any provision (like 245k) which protects him for the current H1B transfer, since the potential out of status period was only 2 months?
Thanks much!!
He came to US originally on L1B in 2005 and applied for a L1 to H1B transfer (with change of status) which was approved in Oct 2006. The problem - he continued working for the L1B firm till Dec 06 and then joined the H1B employer. At that time, he did not know that he was supposed to start working for H1B employer right from Oct 2006 when the COS was approved. The lawyer who filed the application advised him that it was OK to continue working for the L1B firm till Dec. He has subsequently maintained H1B status at all times and has even travelled out of the country, got H1B stamped etc. without any issue.
Questions:
- Was he out of status for 2 months (Oct to Dec 2006) when he continued working for the L1 firm even after COS approval?
- Could this be a problem for the H1B transfer that has been currently applied for. Does USCIS check only whether the individual is currently maintaining H1B status, or do they go back and look for past periods also to determine status violations?
- Even if USCIS determines he had violated his status, is there any provision (like 245k) which protects him for the current H1B transfer, since the potential out of status period was only 2 months?
Thanks much!!
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aries
08-29 05:35 PM
any thoughts guys....
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plassey
08-14 03:24 PM
How would you do that? You need a company to sponsor you.:confused:
Hi All,
I am thinking of doing PERM filing on my own under EB2 category.I need suggestions from optimistic members about this possibility.Also,please if you can provide links(website) which can help me through this stupid & cumbersome process.
PEACE
Hi All,
I am thinking of doing PERM filing on my own under EB2 category.I need suggestions from optimistic members about this possibility.Also,please if you can provide links(website) which can help me through this stupid & cumbersome process.
PEACE
more...
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mihird
05-22 07:43 PM
What happens if I am in the 6th year of my H1, have the LC and I140, both approved from my current employer, and file for H1 extension while waiting on the retrogression...By all means, I will get the 3 year extension...
But, here's what is interesting I also have a concurrent H1 with another employer since the 5th year of my 6 year stay from the day I first entered on a H1. Assuming I have the LC and I140 approved on my 1st H1 and get the 3 year extension past the 6 years, can I get a similar 3 year extension on the concurrent H1?
Can anyone shed some light on it?
But, here's what is interesting I also have a concurrent H1 with another employer since the 5th year of my 6 year stay from the day I first entered on a H1. Assuming I have the LC and I140 approved on my 1st H1 and get the 3 year extension past the 6 years, can I get a similar 3 year extension on the concurrent H1?
Can anyone shed some light on it?
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jayleno
07-18 11:27 AM
Well guess what a colon and D turns out to be? Havent used yahoo IM in a while is it? :D
No I didn't point out anything just im sharing the data.And waiting for EB2 to be current.I don't know how the smily comes next to PD?
No I didn't point out anything just im sharing the data.And waiting for EB2 to be current.I don't know how the smily comes next to PD?
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gcfriend65
12-07 03:01 PM
If you have the receipt number, then you can check the status of approval online at uscis.com. Hope this helps.
Hi guys,
Does anyone know, When to apply for FOIA for I-140 ? After or Before Approval of I-140. Coz I don't know whether my I-140 is approved or not yet.
Or should we wait until the processing dates cross our reciept dates ?
Anyone who did this successfully, pls enlighten the members.
Hi guys,
Does anyone know, When to apply for FOIA for I-140 ? After or Before Approval of I-140. Coz I don't know whether my I-140 is approved or not yet.
Or should we wait until the processing dates cross our reciept dates ?
Anyone who did this successfully, pls enlighten the members.
fasterthanlight�
05-19 05:49 PM
Agreed.
morchu
05-15 01:44 AM
Answers:
1. Yes.
2. Yes.
3. No issues. You have approved I140, and using this you can get 3 year extension. But be careful to be discreet about the job change, because by any chance if your current employer revokes the I140, before your extension approval, you will be in trouble. (Because the basis for approval of beyond 7nth year extension is your approved I-140.)
1. Can I change my employer?
2. Can I retain my Priority date?
3. If the new employer files for transfer of H1, what does it mean to my extension beyond 7th year?
1. Yes.
2. Yes.
3. No issues. You have approved I140, and using this you can get 3 year extension. But be careful to be discreet about the job change, because by any chance if your current employer revokes the I140, before your extension approval, you will be in trouble. (Because the basis for approval of beyond 7nth year extension is your approved I-140.)
1. Can I change my employer?
2. Can I retain my Priority date?
3. If the new employer files for transfer of H1, what does it mean to my extension beyond 7th year?
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