GC4ALL
09-24 05:15 PM
Hi Gurus,
I want to switch my employer after my I140 gets approved. I may not be able to apply for I485 because of the Retrogression.
I have read somewhere that the priority date can be retained by the beneficiary once I140 is approved. Even though I restart the entire process from LC application, I can still hold the old priority date.
Are there any catches in this rule.
Please advise me.
I want to switch my employer after my I140 gets approved. I may not be able to apply for I485 because of the Retrogression.
I have read somewhere that the priority date can be retained by the beneficiary once I140 is approved. Even though I restart the entire process from LC application, I can still hold the old priority date.
Are there any catches in this rule.
Please advise me.
kumar_77
06-07 07:16 AM
Ya Thats True , Bill Like This passing will be a major Issue , If some one can get an amendment to set a cap around 30,000 or Get an amendment to set
it as MS degree + 4-5 Years Experience in US = Green Card Then this has a major chance to pass any Thoughts
it as MS degree + 4-5 Years Experience in US = Green Card Then this has a major chance to pass any Thoughts
va_labor2002
06-17 12:53 PM
Once the Core team drafts a letter we can send that....
Any comments from Core Team Members ? Is it possible to send ? Who is going to draft a letter ?
Any comments from Core Team Members ? Is it possible to send ? Who is going to draft a letter ?
perm2gc
08-24 12:58 PM
My first term on H1 expired on June 2002. I revalidated it and the second term also got expired as of June 2004. Since I was in US only for 3 years on that H1, is it possible to revalidate it again now, even I'm not working for company A now? Company A can file for revalidation for recapturing the remaining time on H1 but you may to work with them once the H1B's gets approved..
Above Expressed Views are Personal..Please Consult your Attroney.
Above Expressed Views are Personal..Please Consult your Attroney.
more...
chakdepatte
05-18 10:08 PM
what are we waiting for. for Chinese bhai to win the case and take EB3-I unused visas ? lets join and file another India EB3-I lawsuit. best way to be heard. ........squirrel.......
indyanguy
06-29 03:08 PM
I have been trying hard to get an answer for this question without any luck. My corporate attorney doesn't seem to have the slightest inclination on this subject. I would really appreciate responses.
My case details:
Visa on the passport up until Feb 2009
6 year term ending on Feb 2010
Date on I94 in passport is Feb 2010
I140/I485 concurrently applied on July 07
Currently have EB3 I-140 filed based on Substitute Labor at NSC.
Questions -
1. If my I-140 case gets picked up AFTER Feb 2009 (less than 365 days of H1 6 year term ending) and is denied (God forbid!), will I be eligible to file for a post 6 year H1 extension? Since this is Labor Sub, the labor doesn't have my name on it.
2. If yes for (1), will I be eligible for 1 year or 3 years H1 extension?
3. Can I file for a new PERM at that time and get an extension based on that?
4. Do I need to refile I-485?
Please help!
My case details:
Visa on the passport up until Feb 2009
6 year term ending on Feb 2010
Date on I94 in passport is Feb 2010
I140/I485 concurrently applied on July 07
Currently have EB3 I-140 filed based on Substitute Labor at NSC.
Questions -
1. If my I-140 case gets picked up AFTER Feb 2009 (less than 365 days of H1 6 year term ending) and is denied (God forbid!), will I be eligible to file for a post 6 year H1 extension? Since this is Labor Sub, the labor doesn't have my name on it.
2. If yes for (1), will I be eligible for 1 year or 3 years H1 extension?
3. Can I file for a new PERM at that time and get an extension based on that?
4. Do I need to refile I-485?
Please help!
more...
diptam
07-05 08:56 PM
I do NOT understand about AILA's lawsuit if the packages don't come back.
But as long as you can reproduce the Originals you should be able to file
485 again if your PD becomes CURRENT - Why Not ??
Is there any law which says that unless you get back 485 rejected you can't
file again. I dont think so.
But as long as you can reproduce the Originals you should be able to file
485 again if your PD becomes CURRENT - Why Not ??
Is there any law which says that unless you get back 485 rejected you can't
file again. I dont think so.
gcdreamer05
11-19 02:06 PM
This processing dates is just an act or rather a scam. USCIS and DOS will do what they like. I personally know a lot of people who applied there 485 a month after I did during July 2007 and whose priority date was 6 to 7 months behind me and they got there green card in August 2008 and I did not, I am sure a lot of you are in the same position. Whats the point in looking at these processing dates when there is no order or proper manner in which USCIS processes them, it is worse than a fish market. If we are lucky the monthly bulletin dates might move again (I doubt it), even if it moves you just dont know how far it might move, it might be 1 month or even to 2007. USCIS will then issue GC to 2007 and make a fool of 2004 and 2005 folks. I guess we have no choice but to bear this brutality. I for one have stopped looking at processing dates and even monthly bulletin. On top of it we have Obama\Durbin in control of washington, not sure what sort of nightmarish "immigration reform" they are cooking. I am at a low point, for the first time I am fearing I might have to leave US (or might be kicked out of US by Obama \Durbin "Immigration reform") after comming here and staying legally for 10 years and obeying all the laws.
Hi pitha, i understand your frustration but one thing in which the processing dates helps is like in my case, if my h1b extension is pending for 60 days i can call them only if their processing dates says less than 2 months, otherwise these guys wont even answer the call saying call back after checking processing dates.
Hi pitha, i understand your frustration but one thing in which the processing dates helps is like in my case, if my h1b extension is pending for 60 days i can call them only if their processing dates says less than 2 months, otherwise these guys wont even answer the call saying call back after checking processing dates.
more...
HawaldarNaik
11-20 01:13 AM
I filed for my EAD in August, got an approval for EAD (2 yrs) and AP for one yr but no FP notice. What should I do
I checked with my lawyer and she says previous FP is valid for 15 to 18 months
Kindly Advise what should i do...
I checked with my lawyer and she says previous FP is valid for 15 to 18 months
Kindly Advise what should i do...
Libra
11-28 01:59 PM
bumping....MN members please join the state chapter and contribute in whatever way you can.
more...
wandmaker
08-17 09:09 AM
Hi,
I am currently holding L1 and B1 visa from a company A. Now some company B has applied for my H1 Visa. If I get H1b visa, does both L1 and B1 get cancelled.
Thanks.
Your L1 will be CWPed for sure. I went for H1B stamping multiple times, my B1 was not CWPed
I am currently holding L1 and B1 visa from a company A. Now some company B has applied for my H1 Visa. If I get H1b visa, does both L1 and B1 get cancelled.
Thanks.
Your L1 will be CWPed for sure. I went for H1B stamping multiple times, my B1 was not CWPed
americandesi
09-06 02:38 PM
1) Allowing filing of EAD only 120 days before its expiry when the processing times by itself is >120 days
2) Issuing a FAQ on interim EAD in 2008 when the process itself was eliminated in 2006.
3) Issuing separate biometrics notices for EAD and I-485 for the same beneficiary.
4) Allowing the beneficiary to work on H1 receipt notice but not on EAD receipt notice.
5) Running multiple background checks for the same beneficiary for different immigration benefits (I-140, EAD, AP, I-485)
6) Issuing RFE for EAD biometrics even after completing biometrics.
7) Issuing RFE for EAD biometrics without issuing biometrics notice.
8) Issuing EAD/AP’s with incorrect name, sex, DOB, photograph and validity dates thereby preventing the beneficiary from working/traveling without any alternative until the correction is made.
9) Requesting an EAD expedite letter even after 90 days in spite of the obligation to approve EAD within 90 days.
10) Requesting a wait time of 30 days to act on EAD expedite request even after 90 days thereby making the total wait time to 120 days (90 days +30 days) which by the way equals the time allowed to file EAD before its expiry.
11) CSR’s providing conflicting answers to the same question.
12) Backward movement of processing times instead of forward movement.
13) Blindly approving petitions on raising mandamus law suits without providing a reason for the delay.
14) Not sending the EAD physical cards on time even after the change in online status to CPO.
15) IO’s at POE interpreting the usage of AP in different ways.
16) Denying non-immigrant petitions like H1 on flimsy grounds such as not having a direct client and approving I-140 immigrant petition for the same beneficiary/employer.
17) Issuing EAD/AP combined document and then issuing a memo that it’s invalid for travel.
18) Allowing the beneficiary to work without employment authorization for 180 days (Section 245(k)) but going after the employer for engaging in such unauthorized employment.
19) Requesting the EAD beneficiary to take an infopass appointment after 90 days without providing a provision to book an appointment when no slots are available.
20) Last but not the least, wasted visa numbers and growing backlog with increased fees.
Sounds like our desi babus are better than these potato heads. God Bless America.
2) Issuing a FAQ on interim EAD in 2008 when the process itself was eliminated in 2006.
3) Issuing separate biometrics notices for EAD and I-485 for the same beneficiary.
4) Allowing the beneficiary to work on H1 receipt notice but not on EAD receipt notice.
5) Running multiple background checks for the same beneficiary for different immigration benefits (I-140, EAD, AP, I-485)
6) Issuing RFE for EAD biometrics even after completing biometrics.
7) Issuing RFE for EAD biometrics without issuing biometrics notice.
8) Issuing EAD/AP’s with incorrect name, sex, DOB, photograph and validity dates thereby preventing the beneficiary from working/traveling without any alternative until the correction is made.
9) Requesting an EAD expedite letter even after 90 days in spite of the obligation to approve EAD within 90 days.
10) Requesting a wait time of 30 days to act on EAD expedite request even after 90 days thereby making the total wait time to 120 days (90 days +30 days) which by the way equals the time allowed to file EAD before its expiry.
11) CSR’s providing conflicting answers to the same question.
12) Backward movement of processing times instead of forward movement.
13) Blindly approving petitions on raising mandamus law suits without providing a reason for the delay.
14) Not sending the EAD physical cards on time even after the change in online status to CPO.
15) IO’s at POE interpreting the usage of AP in different ways.
16) Denying non-immigrant petitions like H1 on flimsy grounds such as not having a direct client and approving I-140 immigrant petition for the same beneficiary/employer.
17) Issuing EAD/AP combined document and then issuing a memo that it’s invalid for travel.
18) Allowing the beneficiary to work without employment authorization for 180 days (Section 245(k)) but going after the employer for engaging in such unauthorized employment.
19) Requesting the EAD beneficiary to take an infopass appointment after 90 days without providing a provision to book an appointment when no slots are available.
20) Last but not the least, wasted visa numbers and growing backlog with increased fees.
Sounds like our desi babus are better than these potato heads. God Bless America.
more...
overseas
08-20 08:54 AM
Hi gcdreamer05,
So did you find out any more information on this? I'm in the same situation like you. In the instructions I clearly see that we have to send our application to Texas service center as we live in MA. But I want to make sure whether this is correct before I send my application. I'm sure it will be painful to wait for a long time later.
So did you find out any more information on this? I'm in the same situation like you. In the instructions I clearly see that we have to send our application to Texas service center as we live in MA. But I want to make sure whether this is correct before I send my application. I'm sure it will be painful to wait for a long time later.
anurakt
10-20 04:43 PM
EB-2 is the investor visa offered. You can renew every year without any time limitation. But this is purely a non-immigrant VISA. You can not get a GC from this. Of course, being on H-1B creates a conflict with this. So let your H4 spouse take advantage of this and let him/her build the business and then switch to EB-5. As a dependent, you will also get the GC.
EB-5 GC is conditional for the first two years. You have to show $1 Million non risk-free investment and employment for 10 full-time employees through your company returns for past two years at the end of conditional GC and apply for renewal. Then you will be offered a non-restrictive GC.:)
So can I take a loan and open a business to get EB-5 green card ??
EB-5 GC is conditional for the first two years. You have to show $1 Million non risk-free investment and employment for 10 full-time employees through your company returns for past two years at the end of conditional GC and apply for renewal. Then you will be offered a non-restrictive GC.:)
So can I take a loan and open a business to get EB-5 green card ??
more...
GCNeophyte
07-02 09:51 AM
idli_vada.. we have enough issues with our GC processings... get the hell out here
aya2004
06-07 04:45 PM
I see two votes on cloture were rejected !
http://www.senate.gov/legislative/LIS/roll_call_lists/vote_menu_110_1.htm
http://www.senate.gov/legislative/LIS/roll_call_lists/vote_menu_110_1.htm
more...
meridiani.planum
06-29 03:27 PM
inline...
I have been trying hard to get an answer for this question without any luck. My corporate attorney doesn't seem to have the slightest inclination on this subject. I would really appreciate responses.
My case details:
Visa on the passport up until Feb 2009
6 year term ending on Feb 2010
Date on I94 in passport is Feb 2010
I140/I485 concurrently applied on July 07
Currently have EB3 I-140 filed based on Substitute Labor at NSC.
Questions -
1. If my I-140 case gets picked up AFTER Feb 2009 (less than 365 days of H1 6 year term ending) and is denied (God forbid!), will I be eligible to file for a post 6 year H1 extension? Since this is Labor Sub, the labor doesn't have my name on it.
No. once the I-140 goes, its the end of that GC process, you will need to restart from LC stage. The LC would also be effectively gone at that point.
2. If yes for (1), will I be eligible for 1 year or 3 years H1 extension?
If its denied, you can file an MTR/appeal and file for an H1 extension. File the extension in premium processing, and the extension will come through before your MTR is processed and will be for one year. you need to be at the stage where you can file the extension (within 6 months of expiry of current H1)
3. Can I file for a new PERM at that time and get an extension based on that?
Your PERM PD will need to be 365 days old. Meaning you will need to start the PERM process atleast 16-14 months before the end of your H1. The other hope is that before Feb 2010 your PERM comes through and also your I-140 gets approved (so you can get 3 year extensions if your are from a retrogressed country and 1 if you are not)
4. Do I need to refile I-485?
If that I-140 is denied, the I-485 automatically goes. So you'll need to restart from PERM, I-140, then file a I-485; its a complete restart of the GC. Your PD will be the new date, you cant recapture the old one if your I-140 is not approved.
I have been trying hard to get an answer for this question without any luck. My corporate attorney doesn't seem to have the slightest inclination on this subject. I would really appreciate responses.
My case details:
Visa on the passport up until Feb 2009
6 year term ending on Feb 2010
Date on I94 in passport is Feb 2010
I140/I485 concurrently applied on July 07
Currently have EB3 I-140 filed based on Substitute Labor at NSC.
Questions -
1. If my I-140 case gets picked up AFTER Feb 2009 (less than 365 days of H1 6 year term ending) and is denied (God forbid!), will I be eligible to file for a post 6 year H1 extension? Since this is Labor Sub, the labor doesn't have my name on it.
No. once the I-140 goes, its the end of that GC process, you will need to restart from LC stage. The LC would also be effectively gone at that point.
2. If yes for (1), will I be eligible for 1 year or 3 years H1 extension?
If its denied, you can file an MTR/appeal and file for an H1 extension. File the extension in premium processing, and the extension will come through before your MTR is processed and will be for one year. you need to be at the stage where you can file the extension (within 6 months of expiry of current H1)
3. Can I file for a new PERM at that time and get an extension based on that?
Your PERM PD will need to be 365 days old. Meaning you will need to start the PERM process atleast 16-14 months before the end of your H1. The other hope is that before Feb 2010 your PERM comes through and also your I-140 gets approved (so you can get 3 year extensions if your are from a retrogressed country and 1 if you are not)
4. Do I need to refile I-485?
If that I-140 is denied, the I-485 automatically goes. So you'll need to restart from PERM, I-140, then file a I-485; its a complete restart of the GC. Your PD will be the new date, you cant recapture the old one if your I-140 is not approved.
makemygc
06-22 11:26 AM
Download trial version of Adobe Acrobat professional and you can very well save it.
Along with the data you entered?? :confused:
Along with the data you entered?? :confused:
AK01
02-13 12:38 AM
No, experience from current company does not count.
That is not true. It CAN count... according to PERM guidelines (from murthy.com):
"On-the-job experience with same employer is allowed for positions that are not "substantially comparable," meaning more then 50%, different from the original employment position."
So if you are a Software Engineer and get promoted to Sr. Software Engineer or Product Manager then as long as you can prove that your job duties are 50%+ different than the old position, you can use that experience provided it helps you meet job requirements for the senior level position.
Also see this:
http://www.simmonsungar.com/rirchecklist.html
"Experience Gained on the Job
PERM did not eliminate the ability of the foreign national beneficiary of the labor certification to qualify using experience gained with the same employer as long as the prior job was not �substantially comparable� to the labor certification position. A job will be considered �substantially comparable� if it �requires performance of the same job duties more than 50 percent of the time.�
Apparently, experience gained with an overseas parent company, U.S. affiliate, or predecessor company will not be considered experience gained with the same employer. This is based on the definition of �employer� as an entity with a particular Federal Employer Identification Number (FEIN). This means that experience gained with an overseas parent, affiliate, etc. may now be used to satisfy the experience component of a PERM labor certification application."
That is not true. It CAN count... according to PERM guidelines (from murthy.com):
"On-the-job experience with same employer is allowed for positions that are not "substantially comparable," meaning more then 50%, different from the original employment position."
So if you are a Software Engineer and get promoted to Sr. Software Engineer or Product Manager then as long as you can prove that your job duties are 50%+ different than the old position, you can use that experience provided it helps you meet job requirements for the senior level position.
Also see this:
http://www.simmonsungar.com/rirchecklist.html
"Experience Gained on the Job
PERM did not eliminate the ability of the foreign national beneficiary of the labor certification to qualify using experience gained with the same employer as long as the prior job was not �substantially comparable� to the labor certification position. A job will be considered �substantially comparable� if it �requires performance of the same job duties more than 50 percent of the time.�
Apparently, experience gained with an overseas parent company, U.S. affiliate, or predecessor company will not be considered experience gained with the same employer. This is based on the definition of �employer� as an entity with a particular Federal Employer Identification Number (FEIN). This means that experience gained with an overseas parent, affiliate, etc. may now be used to satisfy the experience component of a PERM labor certification application."
akela
03-11 11:32 AM
Thanks buddy. That was the answer I was looking for.
rmutyala
07-13 01:15 AM
in hindsight, should have added that, and also a none-of-the-above. But hey its late and I am sleepy :)
and 'All of the Above' too ;)
and 'All of the Above' too ;)
