waitingnwaiting
01-19 03:06 PM
Oh God!!
How can we stop these EB2I - EB3I fights?
What unites us? Only in our fights for superiority?
I have no intension to fight. I am only asking for list of such Immigrants and made it big. It will be good talking points.
How can we stop these EB2I - EB3I fights?
What unites us? Only in our fights for superiority?
I have no intension to fight. I am only asking for list of such Immigrants and made it big. It will be good talking points.
GCwaitforever
08-15 10:58 AM
I am from India having masters in engineering and i have 9 years IT experience. Ofcourse my Lawyer filed in EB3 (in 2003) thinking that PD will be current in future. Now i140 cleared in EB3 . What next? Since i am in consulting company i don't have any problem sticking to company. Only problem is maintaining status. As long as i am in job no problem. Who knows market will be like this. I am just re thinking to go for EB2 filing. But not sure how many were able to clear Eb2 in PERM.How much salary required ? (My company located in Detroit).
See this and if it helps you courtesy Murthy.com (http://murthy.com/news/n_tscnsc.html)
Second I-140 Allowed without Revocation of Earlier I-140 Petition
The TSC confirmed that, in some cases it is possible for the employer to file two or more I-140 petitions for the same beneficiary, based on a single labor certification, in multiple EB categories. If the job requirements are proper for EB2, the case could be filed in either category. Thus, multiple I-140s could be filed in some cases. If the first was filed in EB3, there would be no need to withdraw it in order to file in EB2. The TSC recommended submitting copies of the approved I-140 with the later-filed I-140 petition.
This could be quite helpful in situations where the I-140 petition is incorrectly filed in the wrong, lower category. We do hear about such instances from time to time. It seems that if the I-140 was filed in EB3, but the case would meet EB2, the TSC would permit the re-filing of the I-140 petition without revocation of the earlier EB3 filing.
See this and if it helps you courtesy Murthy.com (http://murthy.com/news/n_tscnsc.html)
Second I-140 Allowed without Revocation of Earlier I-140 Petition
The TSC confirmed that, in some cases it is possible for the employer to file two or more I-140 petitions for the same beneficiary, based on a single labor certification, in multiple EB categories. If the job requirements are proper for EB2, the case could be filed in either category. Thus, multiple I-140s could be filed in some cases. If the first was filed in EB3, there would be no need to withdraw it in order to file in EB2. The TSC recommended submitting copies of the approved I-140 with the later-filed I-140 petition.
This could be quite helpful in situations where the I-140 petition is incorrectly filed in the wrong, lower category. We do hear about such instances from time to time. It seems that if the I-140 was filed in EB3, but the case would meet EB2, the TSC would permit the re-filing of the I-140 petition without revocation of the earlier EB3 filing.
makemygc
07-18 02:16 PM
Atlanta PERM Center belongs to DOL not USCIS
My mistake. You don't need to bold it.
My mistake. You don't need to bold it.
samsu
03-22 08:31 AM
Hi,
My Situation is very similar to above mentioned and I would appreciate if someone can give comments.
My I-485 was filed during July'07 and I-140 was approved during the same time but I was on H1 until Feb'10 working for employer directly and lost my job. I have found new job now starting March 15 but I am not going to transfer H1 and started working on EAD. I am not sure about filling AC21 as it might create unnecessary confusion and I don't want to miss out in case my date become current (Nov'06) due to spill over.
Now, I have to travel internationally for work and will be using first time my AP but not sure how to answer question on my employer without filling AC21.
I can bring AC21 memo and show them paycheck from last employer and new employer (with little more than one month gap in between) but not sure if that is enough. Let me know your suggestion.
Also, my old employer will most likely not revoke 140.
Thanks,
Sam
My Situation is very similar to above mentioned and I would appreciate if someone can give comments.
My I-485 was filed during July'07 and I-140 was approved during the same time but I was on H1 until Feb'10 working for employer directly and lost my job. I have found new job now starting March 15 but I am not going to transfer H1 and started working on EAD. I am not sure about filling AC21 as it might create unnecessary confusion and I don't want to miss out in case my date become current (Nov'06) due to spill over.
Now, I have to travel internationally for work and will be using first time my AP but not sure how to answer question on my employer without filling AC21.
I can bring AC21 memo and show them paycheck from last employer and new employer (with little more than one month gap in between) but not sure if that is enough. Let me know your suggestion.
Also, my old employer will most likely not revoke 140.
Thanks,
Sam
more...
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pappu
09-05 06:08 PM
There is already a big thread (IV spotlight sticky) on this topic. You should get all info from there. Could you try searching else someone else on the forum can help post the link. That should answer all your questions.
wandmaker
02-18 06:29 PM
wandmaker -
Child will be GC holder by birth, if both parents are GC holders. Child must make a trip to US before he/she turns two and trip must be with mother.
Child will, of course, need passport. But no visa.
This is one of the few exceptions when person does not need visa to travel.
Hope it helps.
_________________
Not a legal advise.
If you could post some official documentation that would help rajesh1972
Child will be GC holder by birth, if both parents are GC holders. Child must make a trip to US before he/she turns two and trip must be with mother.
Child will, of course, need passport. But no visa.
This is one of the few exceptions when person does not need visa to travel.
Hope it helps.
_________________
Not a legal advise.
If you could post some official documentation that would help rajesh1972
more...
funny
09-16 02:27 PM
Don't forget to CALL guys..
rayen
02-05 03:47 PM
Chris,
Thanks a lot I will try to reach them now.
Thanks, again.
Cris,
I just called teh number and was able to talk to the officer.. he said the case under review.. means.. Any idea.
Thanks again.
Thanks a lot I will try to reach them now.
Thanks, again.
Cris,
I just called teh number and was able to talk to the officer.. he said the case under review.. means.. Any idea.
Thanks again.
more...
seahawks
06-29 11:30 PM
Thank you for your input, do you know where I should call, if there is a number and so on? There is absolutely no information on any place on fixing 485 form.
bbenhill
07-09 04:14 PM
Hi, some questions regarding ur case :
- Did u include the bank statement (in US and Indonesia) ? What is your city ? (sby, jkt or bali) ?
- After u got asylum, did u ever go back to Indonesia ?
- Did u give them ur bank account statement copy in US ?
Thx
My parents went to request for visitor visa for a second time. They got rejected again. This time only my parents applied, without my brothers. They showed the VO a letter stating reasons why they won't immigrate to the US (have 3 sons in Indonesia, taking care of elderly parent and have business & properties in Indonesia). The letter also stated that parents only want a short duration visa just to attend my wedding. All questions VO asked was about me, that I got asylum and didn't come back. Now I really don't know what to do. Should I include a notarized letter from me stating that I will make sure my parents go back to Indonesia within the allowed time? My parents don't have the intention to immigrate but I don't know how they can convince the VO.
I would really appreciate your advice. Thank you so much!
- Did u include the bank statement (in US and Indonesia) ? What is your city ? (sby, jkt or bali) ?
- After u got asylum, did u ever go back to Indonesia ?
- Did u give them ur bank account statement copy in US ?
Thx
My parents went to request for visitor visa for a second time. They got rejected again. This time only my parents applied, without my brothers. They showed the VO a letter stating reasons why they won't immigrate to the US (have 3 sons in Indonesia, taking care of elderly parent and have business & properties in Indonesia). The letter also stated that parents only want a short duration visa just to attend my wedding. All questions VO asked was about me, that I got asylum and didn't come back. Now I really don't know what to do. Should I include a notarized letter from me stating that I will make sure my parents go back to Indonesia within the allowed time? My parents don't have the intention to immigrate but I don't know how they can convince the VO.
I would really appreciate your advice. Thank you so much!
more...
HOPE_GC_SOON
01-31 02:24 PM
Gurus:
My friend got into this situation.
He had EB2 Labor approved with PD 08/2005 and I140 approved.. He is in final six months of his H1.
Now, interestingly his EB3 labor from Previous employer was just approved. However, he is no more working with them. But could convince them to file I140 for the apprvoed EB3 (which is PD 09/2003). and would like to Port the PD to his current EB2 with his present employer.
Did any oone of you experienced this and if so, can you please share your experience..
What are the Dos and Donts for this case.. Appreciate your replies.
Thanks,
:)
My friend got into this situation.
He had EB2 Labor approved with PD 08/2005 and I140 approved.. He is in final six months of his H1.
Now, interestingly his EB3 labor from Previous employer was just approved. However, he is no more working with them. But could convince them to file I140 for the apprvoed EB3 (which is PD 09/2003). and would like to Port the PD to his current EB2 with his present employer.
Did any oone of you experienced this and if so, can you please share your experience..
What are the Dos and Donts for this case.. Appreciate your replies.
Thanks,
:)
Desertfox
11-09 05:33 PM
Is it possible to change this thread title to "Indian doctors win legal battle in UK"??
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saileshdude
05-21 11:13 PM
Saileshdude,
Can you eloborate more on this? My understanding is that once you use EAD, H1 is gone for good. And particularly How one can revert back to H1 if EAD is used to join different employer?
This I think comes from AC21 regulations as well as one of the AC21 memos that were released. It mentions that a person can get H1 beyond 6 years even though they are not maitaining the H status as long as they can prove that their GC is pending . This may include pending I-485. I think the memo says that person need not maintain H status to get extension beyond 6 years without being counted against quota.
I think the H1 can be filed but since you are on EAD, you will not get I-94. This means that you will need to go out and get the H1 stamped and re-enter to get back on H status.
Again, various attorneys differ on this too. So consult few good attorneys for this would be good idea.
Can you eloborate more on this? My understanding is that once you use EAD, H1 is gone for good. And particularly How one can revert back to H1 if EAD is used to join different employer?
This I think comes from AC21 regulations as well as one of the AC21 memos that were released. It mentions that a person can get H1 beyond 6 years even though they are not maitaining the H status as long as they can prove that their GC is pending . This may include pending I-485. I think the memo says that person need not maintain H status to get extension beyond 6 years without being counted against quota.
I think the H1 can be filed but since you are on EAD, you will not get I-94. This means that you will need to go out and get the H1 stamped and re-enter to get back on H status.
Again, various attorneys differ on this too. So consult few good attorneys for this would be good idea.
talash
07-19 05:03 PM
Positive PPD just means u are exposed to TB is the past ans CXR confirms that u dont have active disease .Treatment in this case is only optional and patient has to decide if he or she wants to be treated for that .Only people with HIV of other immune def dieases must be treated for pos PPD.
they should not ask any further qquestions if CXR ws negative .
they should not ask any further qquestions if CXR ws negative .
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desi3933
06-13 05:26 AM
Have you done this ...or do you know some text that say this /....can have a 3 yr extension based on the pervious 140 ...
That is from 2007 to 2010 ....Thanks
As long as you have approved and active I-140 (from ANY employer) and the PD is not current, one can get 3 year H1 extension. IF the PD is current, one can get only 1 year of H1 extension.
The term of such extension is always from the date of approval. For example, it would be July 2007 to July 2010 even if current H1 expires in, say, Oct 2008.
Good Luck.
------------------------------------------------------------------------
Please verify details with your lawyer/attorney. This is just my opinion and not be taken as legal advice.
That is from 2007 to 2010 ....Thanks
As long as you have approved and active I-140 (from ANY employer) and the PD is not current, one can get 3 year H1 extension. IF the PD is current, one can get only 1 year of H1 extension.
The term of such extension is always from the date of approval. For example, it would be July 2007 to July 2010 even if current H1 expires in, say, Oct 2008.
Good Luck.
------------------------------------------------------------------------
Please verify details with your lawyer/attorney. This is just my opinion and not be taken as legal advice.
rimzhim
06-05 10:22 PM
At this time ONLY 30% of EB2 Indians have current PDs. I've asked this question before - don't you all think that maybe dates will not have to retrogress again? I mean, 30% is too low a percentage for triggering a backward movement of PD.
Any thoughts?
Seems like a good guess to me. In fact, EB-2-India might move forward.
Any thoughts?
Seems like a good guess to me. In fact, EB-2-India might move forward.
more...
ramci
09-17 12:11 AM
All,
Please let me know your suggestion based on your experience.
H1B Details
H1B Entry in USA: 25-Mar-2007
Applied for Extension: 16 Dec 2008
RFE Received: April 2009
RFE Responded: May 2009
Denial Notice in USCIS Online System: 14-Sep-2009
VISA & I-94 Expired: 25-May-2009
Clarifications
1. Can I apply for the H1B Transfer with another Company ? I got a offer from a Company and they would like to do the H1B transfer and they are stating that there are no issues for H1B Transfer though the Extension got denied.
2.Since the H1B Denied, From When I have to stop working ? Is it after i receive my denial documents?
4. If transfer is possible, Can I start working based on the H1B Transfer Receipt Notice ? or Should I wait for the H1B Transfer Approval Notice to work ?
Please let me know your suggestion based on your experience.
H1B Details
H1B Entry in USA: 25-Mar-2007
Applied for Extension: 16 Dec 2008
RFE Received: April 2009
RFE Responded: May 2009
Denial Notice in USCIS Online System: 14-Sep-2009
VISA & I-94 Expired: 25-May-2009
Clarifications
1. Can I apply for the H1B Transfer with another Company ? I got a offer from a Company and they would like to do the H1B transfer and they are stating that there are no issues for H1B Transfer though the Extension got denied.
2.Since the H1B Denied, From When I have to stop working ? Is it after i receive my denial documents?
4. If transfer is possible, Can I start working based on the H1B Transfer Receipt Notice ? or Should I wait for the H1B Transfer Approval Notice to work ?
morchu
05-21 12:45 AM
H1 doesn't get invalidated on a 485 rejection, even if it was approved beyond 6 year based on the pending 485. You just may not be eligible for another extension.
if your I485 is denied, all applications/extensions based on your Adjustment of Status also expire.
if your I485 is denied, all applications/extensions based on your Adjustment of Status also expire.
scorpion00
10-06 02:43 PM
Hi Manish,
I hope everything goes well with you.
Did the officials call you or come to see you in person?
I hope everything goes well with you.
Did the officials call you or come to see you in person?
desi3933
08-25 01:01 PM
Okay!! I'll have to ask a lawyer then...But most often I get good answers here in the IV forum, then asking the attorney...sometimes, i personally feel, they are not all that good with answers.
There is one more thing you should consider -
One is allowed to enter on AP, as long as the I-485 application remains pending. The risk is, if the I-485 application is denied while person is outside USA, then the Immigration Inspector can deny the person's entry on AP into the USA.
_________________
Not a legal advise.
There is one more thing you should consider -
One is allowed to enter on AP, as long as the I-485 application remains pending. The risk is, if the I-485 application is denied while person is outside USA, then the Immigration Inspector can deny the person's entry on AP into the USA.
_________________
Not a legal advise.
samshah
07-14 09:34 PM
We are in Houston and are interested to join.
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