msyedy
02-05 01:38 PM
I have a old EB3 PD Sept 2003 with Company A , and a new EB2 and I140 approved from Company B.
Can I ask my old company to file for I140 so that I may use the Old PD.
How can I bear the expenses of the USCIS and attorney's fees, given I am not working at company A.
Any clues would help.
I guess the old labor will be invalid by now as it has been already been over 45 after approval.
Ask a lawyer, because due to this labor substitution rule now you might have a problem. (" A GOOD LAWYER IS A SOLUTION HERE")
What do you mean by how can you bear the expenses. What a ?
Do what your company A is asking. I don't think that company A would file it for free.
Give it out of your pocket, that is how you bear it, work at a gas station, 7 eleven if you have to make more money to give him
Can I ask my old company to file for I140 so that I may use the Old PD.
How can I bear the expenses of the USCIS and attorney's fees, given I am not working at company A.
Any clues would help.
I guess the old labor will be invalid by now as it has been already been over 45 after approval.
Ask a lawyer, because due to this labor substitution rule now you might have a problem. (" A GOOD LAWYER IS A SOLUTION HERE")
What do you mean by how can you bear the expenses. What a ?
Do what your company A is asking. I don't think that company A would file it for free.
Give it out of your pocket, that is how you bear it, work at a gas station, 7 eleven if you have to make more money to give him
maristella61
04-20 09:22 AM
He is talking about the original first letter of approval , not an extension
Does any one have any input or suggestion?
Does any one have any input or suggestion?
saketkapur
03-24 03:38 PM
She will need to complete a 3 year waiver in medically underserved area or a 2 year home return before you can file for her adjustment of status(I-485).
We had faced a similar situation 3 years back and decided to go ahead with it since looking at the backlogs I am assuming with my PD of 2007 I am still way off from getting my GC.
So now my wife is completing her residency in June this year and has a waiver job lined up. Once/ If dates become current I will file for her I-485 after the waiver is complete.
If you need details then PM me.
Everyone has their own priorities and their own way of dealing with the situations.
We had faced a similar situation 3 years back and decided to go ahead with it since looking at the backlogs I am assuming with my PD of 2007 I am still way off from getting my GC.
So now my wife is completing her residency in June this year and has a waiver job lined up. Once/ If dates become current I will file for her I-485 after the waiver is complete.
If you need details then PM me.
Everyone has their own priorities and their own way of dealing with the situations.
mmrao2007
09-08 04:49 PM
When you guys submit EB2 I140 application form, make sure you put appropriate A# from your EAD card on it. That way your application will go to same folder that your I485 file is in. When time is right USCIS will process all applications together and automatically port EB3 date to your EB2 I140. They should approve I485 and new I140 together, at least that's what has happened in my case.
If you already have second I140 approved, you need to communicate with USCIS with a covering letter with a colored paper and big bold letters on top, explaining the case and related case numbers. Please confirm with attorney.
If you already have second I140 approved, you need to communicate with USCIS with a covering letter with a colored paper and big bold letters on top, explaining the case and related case numbers. Please confirm with attorney.
more...
GCeffect
02-09 05:22 AM
Last week i received a RFE against my I485 application. My PD is not current yet. I''m kind of confused about the RFE. I need some help from you guys...
Check out the RFE letter comment at the following:
"""""USCIS records indicate that you began your employment with compnay A in October 2005. However, the record indicates that the i-129, H1b, granting your authorization to work for company A was not filed until aug, 2006. Submit documentatary evidence that you were authorized to work for compnay A when you began your employment in Oct 2005.""""
Now let me explain my situation.
I had my first H1b from compnay B, for three years (oct 2002 to oct 2005). Then I started my renewed my H1b under another company C. (oct/2005 to oct 2008). Then i received my PERM labor from another company A (the company they USCIS mentioned in their RFE). Both the company C and compnay A was owned by one person. So even i was working with the company C, my payroll was under Company A. Right after I received my labor certificate from Compnay A, my lawyer suggested my transfer my H1b from Compnay C to company A. Then i received my h1b approval for compnay A in Jan 2007 to october 2008. In 0ctober 2008 i renewed my h1b from compnay A again for one year. But in november compnay A terminted me and withdraw my H1b. I got a new job and moved to a new compnay in december 2008. Everything is normal after that until i received the RFE. I have to get back to USCIS in by the end of this month with the evidence. I has the legal status all the time i worked for all those companies.
PLease let me know what you guys think about the whole situation.
Thanks ahead about your concern ......
EB3 (ROW)..PD May 2006
Check out the RFE letter comment at the following:
"""""USCIS records indicate that you began your employment with compnay A in October 2005. However, the record indicates that the i-129, H1b, granting your authorization to work for company A was not filed until aug, 2006. Submit documentatary evidence that you were authorized to work for compnay A when you began your employment in Oct 2005.""""
Now let me explain my situation.
I had my first H1b from compnay B, for three years (oct 2002 to oct 2005). Then I started my renewed my H1b under another company C. (oct/2005 to oct 2008). Then i received my PERM labor from another company A (the company they USCIS mentioned in their RFE). Both the company C and compnay A was owned by one person. So even i was working with the company C, my payroll was under Company A. Right after I received my labor certificate from Compnay A, my lawyer suggested my transfer my H1b from Compnay C to company A. Then i received my h1b approval for compnay A in Jan 2007 to october 2008. In 0ctober 2008 i renewed my h1b from compnay A again for one year. But in november compnay A terminted me and withdraw my H1b. I got a new job and moved to a new compnay in december 2008. Everything is normal after that until i received the RFE. I have to get back to USCIS in by the end of this month with the evidence. I has the legal status all the time i worked for all those companies.
PLease let me know what you guys think about the whole situation.
Thanks ahead about your concern ......
EB3 (ROW)..PD May 2006
msandhu
08-07 04:33 PM
You can do landing and H1-Stamping at the same time in canada. You do not need stamped visa to come back to US from Canada as long as you have your H1 extension papers with you and you come back in 30 days
more...
pdakwala
02-24 04:45 PM
Oh actually I was working with Spector so that we can have markup out asap. Just Kidding. Got busy with work.
Any way fox please wake up now. It's a show time. We have 27 days left. We all have only one option and that is to "Kill Retrogression virus". There will be no negotiation on that.
Cheers
Any way fox please wake up now. It's a show time. We have 27 days left. We all have only one option and that is to "Kill Retrogression virus". There will be no negotiation on that.
Cheers
gc4arun
08-22 02:12 PM
Yes, am close.. Nov 17, 2003 Eb2 and waiting for sept 1st :) Had an interview last month
more...
ash0210
09-09 09:02 AM
Thanks Dixie...Also, as per other forum members showing PD Year will give clear picture of voting..!!
You will have to login to be able to vote.
You will have to login to be able to vote.
saurin
02-10 11:03 AM
Yes. I do have a pending I485.
more...
smisachu
12-09 05:52 PM
Just out of curiosity, what kind of jobs do you guys do? What is your educational qualification? I am getting my PhD but it is still some time before I finish, I want to know if there is any way to port from EB2 to EB1 before that.
sanjay02
08-17 02:31 PM
Hi bsnf
Are you the primary applicant?
Are you the primary applicant?
more...
uppaji
06-15 12:30 PM
Writing to news papers will definitely makes some impact. I am writing my letter just now.
Uppaji.
Uppaji.
jonty_11
11-09 02:55 PM
Normally u get a recipt notice withing 2 weeks or submitting H1 application. Check to see if waht u have is a just receipt notice or a I-797 (H1B Doc).
Last I knew I94 shud be at the bottom of the I-797
Last I knew I94 shud be at the bottom of the I-797
more...
ArkBird
02-17 05:52 PM
I filed back in June, 07. I got second FP notice for my wife. Nothing for me so far and I am primary applicant.
BharatPremi
12-05 03:25 PM
http://www..com/discuss/485eb/63774255/
more...
bijualex29
03-24 12:31 PM
If Total 290000
EB-1 EB-2 EB-3
% Allowed 15% 15% 35%
No of Visa Issued 43500 43500 101500
India NMT10% 29000 29000 29000
This is based on the assumption that 10% per county limit out of 290,000 visa. The law state No county can get more than 10% of immigration visa. Is that mean 10% of 290,000+480,000 or 10% of 290,000?
If the Law state that 10% of immigration visa ( which is 140,000 + 290,000). Then here is the amount of visa allotted to each county.
Total 770000
EB-1 EB-2 EB-3
% Allowed 15% 15% 35%
No of Visa Issued 115500 115500 269500
India NMT10% 77000 77000 77000
I may be totally wrong here. Please clarify me if I am wrong
Am I missing something here? Please clarify
EB-1 EB-2 EB-3
% Allowed 15% 15% 35%
No of Visa Issued 43500 43500 101500
India NMT10% 29000 29000 29000
This is based on the assumption that 10% per county limit out of 290,000 visa. The law state No county can get more than 10% of immigration visa. Is that mean 10% of 290,000+480,000 or 10% of 290,000?
If the Law state that 10% of immigration visa ( which is 140,000 + 290,000). Then here is the amount of visa allotted to each county.
Total 770000
EB-1 EB-2 EB-3
% Allowed 15% 15% 35%
No of Visa Issued 115500 115500 269500
India NMT10% 77000 77000 77000
I may be totally wrong here. Please clarify me if I am wrong
Am I missing something here? Please clarify
Berkeleybee
05-16 01:28 PM
All,
We had always intended these forums to be mainly focused on IV's agenda and legislative strategy.
Up till now, IV's agenda has mainly been discussed in the "Green Card Retrogression" forum. We are creating a forum where we will only discuss those issues -- "IV Agenda and Legislative Strategy"
Example Topics:
Forum: IV Agenda and Legislative Strategy
IV Fundraising, News Articles on CIR issues, Current Bill Text Analysis
Forum: Green Card Retrogression
Visa Bulletin, assorted I-485 issues
I would also like to gently remind you that IV does not condone or endorse any discussions of methods to outgame the system -- by filing paperwork that does not match the facts etc. Several members have drawn our attention to posts that come close to crossing this line.
We had always intended these forums to be mainly focused on IV's agenda and legislative strategy.
Up till now, IV's agenda has mainly been discussed in the "Green Card Retrogression" forum. We are creating a forum where we will only discuss those issues -- "IV Agenda and Legislative Strategy"
Example Topics:
Forum: IV Agenda and Legislative Strategy
IV Fundraising, News Articles on CIR issues, Current Bill Text Analysis
Forum: Green Card Retrogression
Visa Bulletin, assorted I-485 issues
I would also like to gently remind you that IV does not condone or endorse any discussions of methods to outgame the system -- by filing paperwork that does not match the facts etc. Several members have drawn our attention to posts that come close to crossing this line.
WaitingUnlimited
09-21 02:31 AM
I am not an attorney but I was in almost similar situation.
1) You may get the priority date if you have the I140 copy. Some people say that even if you have lean no of I140 may be sufficient. As per law, priority date can be ported only if I140 is not canceled. But I read one article from an attorney which said that there is a circular in USCIS which advised officers to port the priority date if there is a I140 copy attached to I140 petition.
2) You can extend your H1 beyond 6th year if your GC labor PERM stage is pending atleast 365 days prior to your 6th year ending. You will get one year extension if PERM is pending and 3 years extension if I140 is approved
3) I think this is tricky, you can transfer only if new employer has filed for PERM and got an approval. I am not fully sure about it.
1) You may get the priority date if you have the I140 copy. Some people say that even if you have lean no of I140 may be sufficient. As per law, priority date can be ported only if I140 is not canceled. But I read one article from an attorney which said that there is a circular in USCIS which advised officers to port the priority date if there is a I140 copy attached to I140 petition.
2) You can extend your H1 beyond 6th year if your GC labor PERM stage is pending atleast 365 days prior to your 6th year ending. You will get one year extension if PERM is pending and 3 years extension if I140 is approved
3) I think this is tricky, you can transfer only if new employer has filed for PERM and got an approval. I am not fully sure about it.
Gator
04-28 09:04 PM
Hi-
My H1-B expires in August 2011. My I-94 was stamped only until May 20, 2011 because my passport was expiring early. Now I have a new passport.
In March 2011, I also applied for a renewal of my Advance Parole(AP) and EAD and they are still pending approval.
I am planning on travelling to Canada next week by road(through Detroit) to get my I-94 renewed. So If I travel to Canada, will my AP application be considered abandoned?
Also, can I just cross into Canada by road, wait for a couple of hours and come back into the US to get a new I-94. I know usually you don't surrender your I-94 when visiting Canada for less of 30 days.
I am hoping I would be able tell the Canadian/US immigration officer that I need a new I-94 and hopefully surrender my older I-94 and get a new one when coming back in. Please let me know if thats not possible and I need to fly to Canada to get a new I-94.
Thanks
My H1-B expires in August 2011. My I-94 was stamped only until May 20, 2011 because my passport was expiring early. Now I have a new passport.
In March 2011, I also applied for a renewal of my Advance Parole(AP) and EAD and they are still pending approval.
I am planning on travelling to Canada next week by road(through Detroit) to get my I-94 renewed. So If I travel to Canada, will my AP application be considered abandoned?
Also, can I just cross into Canada by road, wait for a couple of hours and come back into the US to get a new I-94. I know usually you don't surrender your I-94 when visiting Canada for less of 30 days.
I am hoping I would be able tell the Canadian/US immigration officer that I need a new I-94 and hopefully surrender my older I-94 and get a new one when coming back in. Please let me know if thats not possible and I need to fly to Canada to get a new I-94.
Thanks
dwhuser
07-31 11:36 AM
Thanks everyone, we had a wonderful trip and reached safely, no questions asked at POE (newark)
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