stillhowlong
01-19 05:55 PM
As far as I know:
if your E3 (approved) priority date is current for E2 (approved), you can file 485 (in E2) requesting to use the earliest (E3) priority date. From my understanding, you may be able to do it even when your E2 is pending - but it may be better to wait till you get the E2 approved. Hope it clarifies your question.
Thanks Alvin, so you mean to say it does not matter if I do that process with new employer right?
if your E3 (approved) priority date is current for E2 (approved), you can file 485 (in E2) requesting to use the earliest (E3) priority date. From my understanding, you may be able to do it even when your E2 is pending - but it may be better to wait till you get the E2 approved. Hope it clarifies your question.
Thanks Alvin, so you mean to say it does not matter if I do that process with new employer right?
Lisap
08-28 12:18 PM
Thank you for your help. I will wait until the 1st set clears before stopping payment on the 2nd batch. Congratulations to you by the way. I am sure you have the same weight lifted off your chest as I do!
SmSm
05-25 12:35 PM
Does anyone have recent experience with the Chicago office of Consulate of India for passport renewal. How long does it take? 2 weeks, 3 weeks, more than 3 weeks.
snathan
09-30 09:35 AM
Yes, I am a USC, but the Fiance Visa would mean she has to go back to China and wait.
Its possible the IO at POE can deny the entry. So its advisable to get married and follow your attorney's guide.
Its possible the IO at POE can deny the entry. So its advisable to get married and follow your attorney's guide.
more...
arnet
11-16 12:20 AM
Consult immigration attroney at AOS time. F1 visa holder is not eligible to be included as dependents in AOS (I-485). Since now retrogression problem is there and currently you are planning to file I-140, you will be ok for next few yrs but when you file AOS (I-485) change her back to dependent visa inorder to include her in I-485. even in dependent visa she can study but cant get any scholarship and also she cant work.
Disclaimer: use it at your risk. I'm not an immigration attroney, so please consult one for your situation, as laws/procedures are changing often.
Hello Experts,
I am on H1 and have my labor approved. My spouse is on F1 and we are filing I-140. Would there be a problem?
Because of Retrogression for India we cannot file for I-485 yet.
Please advise
Thanks
S A
Disclaimer: use it at your risk. I'm not an immigration attroney, so please consult one for your situation, as laws/procedures are changing often.
Hello Experts,
I am on H1 and have my labor approved. My spouse is on F1 and we are filing I-140. Would there be a problem?
Because of Retrogression for India we cannot file for I-485 yet.
Please advise
Thanks
S A
bigboy007
05-30 11:11 AM
I think then they go for a conference and agree upon a common point if not nothing is passed
more...
snathan
05-17 05:02 PM
I have Master's degree from US and have been with the company for 6yrs. This is the response from my Attorney on porting to EB2 category. My I485 was filed during July 2007. What can i do to be able to file a new PERM LC for porting to EB2 category without affecting my I485 application? Please advise.
Thank you for your email inquiring about filing a new PERM labor certification (PERM LC) application to qualify for the EB-2 preference category. A final determination has been made on whether a new PERM LC can be filed.
Regulations that govern the PERM Labor Certification process do not permit an employer to file a new PERM LC application for the sole purpose of shortening the wait time in immigrant visa preference categories. Company will not file a new PERM LC unless it is clearly required by regulation.
We completed our research and legal analysis. The purpose of the research was to determine whether you can still benefit from your current case, or whether substantial job changes require, by law, a new PERM LC application to be filed on your behalf.
Our final assessment is that while some job changes have occurred, the changes are not substantial in the context of labor certification regulations. Please note that while the group, products and/or daily tasks in your employment may be different, these changes are not substantial from an immigration perspective and do not require a new PERM LC. In addition, portability provisions of the law allow considerable flexibility for job changes when an I-485 Adjustment of Status application has been filed.
This is not an internal policy matter, rather company's compliance with U.S. Department of Labor regulations that govern the PERM LC process.
Your new job duties must be more 50% than the current job...otherwise you can not file for new PERM
Thank you for your email inquiring about filing a new PERM labor certification (PERM LC) application to qualify for the EB-2 preference category. A final determination has been made on whether a new PERM LC can be filed.
Regulations that govern the PERM Labor Certification process do not permit an employer to file a new PERM LC application for the sole purpose of shortening the wait time in immigrant visa preference categories. Company will not file a new PERM LC unless it is clearly required by regulation.
We completed our research and legal analysis. The purpose of the research was to determine whether you can still benefit from your current case, or whether substantial job changes require, by law, a new PERM LC application to be filed on your behalf.
Our final assessment is that while some job changes have occurred, the changes are not substantial in the context of labor certification regulations. Please note that while the group, products and/or daily tasks in your employment may be different, these changes are not substantial from an immigration perspective and do not require a new PERM LC. In addition, portability provisions of the law allow considerable flexibility for job changes when an I-485 Adjustment of Status application has been filed.
This is not an internal policy matter, rather company's compliance with U.S. Department of Labor regulations that govern the PERM LC process.
Your new job duties must be more 50% than the current job...otherwise you can not file for new PERM
yagw
03-16 12:39 PM
Mine is TSC. Is TSC sending RFEs too? BTW, I Updated my profile.
One thing that is certain is, the uncertainty of the USCIS :) So, no definite answer to if/when you will get RFE.
One thing that is certain is, the uncertainty of the USCIS :) So, no definite answer to if/when you will get RFE.
more...
SeanDell
06-01 02:33 PM
Search for "six-month rule", in "trave.state.gov"
If you tell me which country passport you hold, I could tell whether you are exempt from this 6-month-rule or not.
And yes, I mean official requirement for "entry".
How you think H1B documentation will act as a proof of "permanent residence" intention?
Hi Morchu,
I searched travel.state.gov with 'six-month rule', but couldn't come up with anything specific to this. Can you please post me the link? And I have an Indian Passport.
Ok, so how can one prove his intention at the POE for GC?
....would appreciate your reply.
If you tell me which country passport you hold, I could tell whether you are exempt from this 6-month-rule or not.
And yes, I mean official requirement for "entry".
How you think H1B documentation will act as a proof of "permanent residence" intention?
Hi Morchu,
I searched travel.state.gov with 'six-month rule', but couldn't come up with anything specific to this. Can you please post me the link? And I have an Indian Passport.
Ok, so how can one prove his intention at the POE for GC?
....would appreciate your reply.
psadhale
08-04 10:12 AM
I have the same problem. I have submitted EAD renewal form online on 07/01/08 for myself & my wife. We received the payment receipt but never received FP notice. My EAD is expiring on Sept 20.
Does anyone know how to tackle this?
I called USCIS twice but their answers are laways vague. They asked me to wait additional 45 days & also told me I can't work if I don't get the new card.
Does anyone know how to tackle this?
I called USCIS twice but their answers are laways vague. They asked me to wait additional 45 days & also told me I can't work if I don't get the new card.
more...
ramaonline
06-27 03:04 PM
There is no grace period for finding a new h1b employer - but generally USCIS overlooks gaps of 1-2 months between employment assuming you are able to transfer your H1B to another employer soon
You can download the employer database from this link and apply to prospective employers - This will help in your job search
FLCDataCenter.com (http://www.flcdatacenter.com/CaseH1B.aspx)
You can download the employer database from this link and apply to prospective employers - This will help in your job search
FLCDataCenter.com (http://www.flcdatacenter.com/CaseH1B.aspx)
kaisersose
07-28 09:52 AM
I came to USA on L1A through company A in February,2008 and working on L1 A till date.My I-94 is valid till feb,2011.
I filed H1B through company B in April,2007 in India and got approved petition in August,2007. That approved petiton is with my company B in USA.I have not gone for H1 B stamping.
Now I want to switch to H1 B in USA.I was told by my friends that,I can work on H1 B with my approved H1 petition.and I need not to go for H1B stamping.
I need to get visa stamped only if I goto India and to come back USA.
Can I work directly on my H1B petition with out stamping visa?
Incase, stamping is required, Shall I go to canada/Mexico for H1 B visa stamping.
Can I come back to USA with my L1 visa from canada/Mexico incase H1 b visa not issued? or shall I need to go back to India from Canada/mexico it self?
It depends on the type of H-1 approval you have.
1. If it was applied as COS, then it will have an I-94 attached to it. This means on Oct 01, your status will change from L to H and you can no longer work for your L employer.
2. If it was approved as "visa to be issued abroad", then it is not valid until you get a H visa stamped at some Consulate.
I filed H1B through company B in April,2007 in India and got approved petition in August,2007. That approved petiton is with my company B in USA.I have not gone for H1 B stamping.
Now I want to switch to H1 B in USA.I was told by my friends that,I can work on H1 B with my approved H1 petition.and I need not to go for H1B stamping.
I need to get visa stamped only if I goto India and to come back USA.
Can I work directly on my H1B petition with out stamping visa?
Incase, stamping is required, Shall I go to canada/Mexico for H1 B visa stamping.
Can I come back to USA with my L1 visa from canada/Mexico incase H1 b visa not issued? or shall I need to go back to India from Canada/mexico it self?
It depends on the type of H-1 approval you have.
1. If it was applied as COS, then it will have an I-94 attached to it. This means on Oct 01, your status will change from L to H and you can no longer work for your L employer.
2. If it was approved as "visa to be issued abroad", then it is not valid until you get a H visa stamped at some Consulate.
more...
sintax321
10-02 01:13 PM
How did you do that great green liquid effect. The colors are amazing. How did you do this I must know. Is there a tutorial some where that you played with or did you just sit down and see what happended? Amazing looks Greathttp://www.kirupa.com/forums/smileys_files/bigthumb.gif
GC_SUCK
10-10 01:53 PM
I got my GC on 09/18/07. Now my consulting company (how sponsored my GC) is having issues with the client and client is thinking to terminate the contract.
Client want to bring me to there pay roll. In other words they are offering my permanent position.
My consulting company does not have immediate opening for me.
It is not even a month that I got my GC. And I am with the same consulting company for about 6.5 years now.
Please help me. What should I do? If I accept the offer will I get problem at citizenship stage? If I do not accept offer I will loose job and I don't know how much time I have to wait till my consulting company find job for me.
Client want to bring me to there pay roll. In other words they are offering my permanent position.
My consulting company does not have immediate opening for me.
It is not even a month that I got my GC. And I am with the same consulting company for about 6.5 years now.
Please help me. What should I do? If I accept the offer will I get problem at citizenship stage? If I do not accept offer I will loose job and I don't know how much time I have to wait till my consulting company find job for me.
more...
RNGC
02-09 07:40 PM
People,
I am proud of my 4 year old girl. She has written a letter to the President. When a 4 year old can write , we have 25k adult members and only about 500 of them have sent letters! Why ?
Here is my little girl's letter:
http://h1.ripway.com/likefree/4yearoldlettertoPresident.pdf
If we can't do this simple task, how can we expect the govt. to change laws for us ?
I understand, you are reading this post, but don't have a printer at home to print ? Ok, now open hotmail , gmail or yahoo mail, compose a mail to your work address. Just add this word document, and send a email to your work email address with the word document attached. when you see this email at work, just print 2 copies of the attachment, thats all you have to do.
Download the document from here:
http://h1.ripway.com/likefree/LettertoPresident.doc
I have made it simple enough, just write you name/address/ phone etc at the end.... you are all set. Is this hard ? Will it take more than 5 mins ?
Lets set a goal for next week. 10k letters by next week. Lets show our support to IV which is doing a phenomenal task.
Here is a link with more letter templates:
http://immigrationvoice.org/forum/showthread.php?t=16506
Broken Immigration System: (if some one can rotate this file please let me know!)
http://h1.ripway.com/likefree/BrokenLegalImmigrationSystemt.pdf
I am proud of my 4 year old girl. She has written a letter to the President. When a 4 year old can write , we have 25k adult members and only about 500 of them have sent letters! Why ?
Here is my little girl's letter:
http://h1.ripway.com/likefree/4yearoldlettertoPresident.pdf
If we can't do this simple task, how can we expect the govt. to change laws for us ?
I understand, you are reading this post, but don't have a printer at home to print ? Ok, now open hotmail , gmail or yahoo mail, compose a mail to your work address. Just add this word document, and send a email to your work email address with the word document attached. when you see this email at work, just print 2 copies of the attachment, thats all you have to do.
Download the document from here:
http://h1.ripway.com/likefree/LettertoPresident.doc
I have made it simple enough, just write you name/address/ phone etc at the end.... you are all set. Is this hard ? Will it take more than 5 mins ?
Lets set a goal for next week. 10k letters by next week. Lets show our support to IV which is doing a phenomenal task.
Here is a link with more letter templates:
http://immigrationvoice.org/forum/showthread.php?t=16506
Broken Immigration System: (if some one can rotate this file please let me know!)
http://h1.ripway.com/likefree/BrokenLegalImmigrationSystemt.pdf
ItIsNotFunny
09-22 04:43 PM
Ignore distractors. Keep calling please. Play now and pay for ever or pay (20 minutes) now and play for ever.
more...
nsync1979
06-18 03:08 PM
thanks chanduv23 !!
ken
04-08 03:25 PM
Is there anyone who is in similar situation?..
gcwaiting17
08-07 02:28 PM
We are in the same situation. My husband got the renewed EAD. But i am still waiting for mine. My EAD expires on Sept. 10th.
jonty_11
07-24 01:47 PM
"filing 2 AOS is not possible"..it is not written is law....so dont advise that it is illegal.
However, as a part of this community, we encourage people to file one AOS per individual...it not only reduces the long lines at USCIS...but also will avoid u unecessary delays as teh general notion is taht USCIS will send RFE or a letter stating u have 2 AOS's fo r same individual which one u wanna keep....so lets all just file one per application...
Already there are close to half a million applications looming at USCIS's doorstep...
However, as a part of this community, we encourage people to file one AOS per individual...it not only reduces the long lines at USCIS...but also will avoid u unecessary delays as teh general notion is taht USCIS will send RFE or a letter stating u have 2 AOS's fo r same individual which one u wanna keep....so lets all just file one per application...
Already there are close to half a million applications looming at USCIS's doorstep...
gg_ny
04-07 06:19 PM
Here's another parallel Idea.
Let us try to schedule a meet with the prospective presidential Candidates (McCain, Clinton and Obama) instead to let them know our issues.
By the time we actually get a meeting with the current president, his term may have expired. The presidential candidates, on the other hand will have some time now (not a whole lot but a little). If we squeeze some time there, we may be able to atleast get our issues out there.
This is outrageaous. Three postings above, i had suggested the same idea. How come you are not even acknowledging my posting when you (essentially)reword the content? It does appear from your mail that you had been following up the postings in the thread.
Let us try to schedule a meet with the prospective presidential Candidates (McCain, Clinton and Obama) instead to let them know our issues.
By the time we actually get a meeting with the current president, his term may have expired. The presidential candidates, on the other hand will have some time now (not a whole lot but a little). If we squeeze some time there, we may be able to atleast get our issues out there.
This is outrageaous. Three postings above, i had suggested the same idea. How come you are not even acknowledging my posting when you (essentially)reword the content? It does appear from your mail that you had been following up the postings in the thread.
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