prasadn
03-16 08:50 PM
They said that they would request an exception in our case. We are going to request that based on our original submission date that our pending case have a current priority date. All dates were current for our case up until the April visa bulletin.
I am really hoping that USCIS sees this error. Has anyone had any experience with USCIS? And were they cooperative?
thank you for your reply.
My labor application for GC (pre-PERM) was lost in the Dallas BEC and DOL was never able to find it. However, in my case we had gotten a receipt and also had proof of mailing etc. We had to resubmit the labor application and DOL immediately approved it within a week. However, because of the delay caused I missed the window for filing I-485. I had to wait for more than a year, till my PD became current to apply for I-485.
Thanks,
Prasad
I am really hoping that USCIS sees this error. Has anyone had any experience with USCIS? And were they cooperative?
thank you for your reply.
My labor application for GC (pre-PERM) was lost in the Dallas BEC and DOL was never able to find it. However, in my case we had gotten a receipt and also had proof of mailing etc. We had to resubmit the labor application and DOL immediately approved it within a week. However, because of the delay caused I missed the window for filing I-485. I had to wait for more than a year, till my PD became current to apply for I-485.
Thanks,
Prasad
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andhrawala
09-22 10:01 AM
I applied my EAD in Nebraska as OH falls under it's jurisdiction and got my approval in 2 weeks. Thought of sharing so that some one may find this information useful.
Labor Priority Date: EB2 - 2007 April - India
I-140 Applied: 05/15/2007
I-140 Approved: 08/10/2009
I-485 Applied: 07/26/2007
I-485 Status: Pending
Labor Priority Date: EB2 - 2007 April - India
I-140 Applied: 05/15/2007
I-140 Approved: 08/10/2009
I-485 Applied: 07/26/2007
I-485 Status: Pending
walking_dude
11-13 10:26 AM
Congrats Texas on reaching 100. Hope you guys reach 1000 soon.
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theMan
02-25 05:47 PM
ssd213 has pointed you in the right direction. However this is not so simple as taxes depend on a host of other factors that have not been mentioned.
To put it in one line, you will pay taxes in India after your RNOR period only on the accruals of the 401K funds. You cannot be taxed twice.
Thsis forum , http://www.r2iclubforums.com/clubvb/ has plenty of discussions on this topic.
To put it in one line, you will pay taxes in India after your RNOR period only on the accruals of the 401K funds. You cannot be taxed twice.
Thsis forum , http://www.r2iclubforums.com/clubvb/ has plenty of discussions on this topic.
more...
PlainSpeak
02-23 09:00 AM
To bring more details to my question:
a) Though my job title is like programmer analyst, my SOC job code is given as 17-2071.00 which is "Electrical Engineer"
I was never an electrical engineer (not even by my education). I do not know why the original filer used such a SOC code. Now my new role (lead technical architect) will have a SOC code as 15-1031 as that is for computer architect.
Morever my new employer will not provide me a Ac21 portability matching my labor cert.
My role responsibility is following as per labor cert.
Job Title: Programmer/ Analyst/Systems, Software/Engineer/Developer, or Related to IT
Reponsibility:
develop, create and modify general computer application software. Analysis user needs and design, develop software solutions. Design, develop, analyse and implement software and end user product. Coordinate various account projects with IT consultants; nurture close relationship with the major account customers by providing quality technical support and apply principles of computer science, engineering and mathematical analysis.
Do you feel that changing the job as lead architect willl be a paradigm shift for me causing my GC gone denied?
Thankis in advance.
The rule is that the job description should NOT change by more that 50 %. Though on the outside Lead Architect and Programmer/ Analyst/Systems, Software/Engineer/Developer look like they have different job description, you need a lawyer to tell you how much of a difference it is. My suggestion would be to shell out moeny and have a one time meeting with the lawyer to get his suggestion. Be prepared to have all talking point ready when you go to meet the lawyer
a) Though my job title is like programmer analyst, my SOC job code is given as 17-2071.00 which is "Electrical Engineer"
I was never an electrical engineer (not even by my education). I do not know why the original filer used such a SOC code. Now my new role (lead technical architect) will have a SOC code as 15-1031 as that is for computer architect.
Morever my new employer will not provide me a Ac21 portability matching my labor cert.
My role responsibility is following as per labor cert.
Job Title: Programmer/ Analyst/Systems, Software/Engineer/Developer, or Related to IT
Reponsibility:
develop, create and modify general computer application software. Analysis user needs and design, develop software solutions. Design, develop, analyse and implement software and end user product. Coordinate various account projects with IT consultants; nurture close relationship with the major account customers by providing quality technical support and apply principles of computer science, engineering and mathematical analysis.
Do you feel that changing the job as lead architect willl be a paradigm shift for me causing my GC gone denied?
Thankis in advance.
The rule is that the job description should NOT change by more that 50 %. Though on the outside Lead Architect and Programmer/ Analyst/Systems, Software/Engineer/Developer look like they have different job description, you need a lawyer to tell you how much of a difference it is. My suggestion would be to shell out moeny and have a one time meeting with the lawyer to get his suggestion. Be prepared to have all talking point ready when you go to meet the lawyer
chanduv23
10-13 01:00 PM
Mark is from LI. I wonder why he does not show up any more. Has he quit IV?
He is active - he is a big guy now, sometime back, I approached him for his autograph, and he said he does not have time to sign autographs :D:D:D
Jokes apart - Mark is very much in IV. He is involved at the national level more than the State level - he does make sure he is in conference calls and if we have a meetup in his area, he will make it for sure.
He is active - he is a big guy now, sometime back, I approached him for his autograph, and he said he does not have time to sign autographs :D:D:D
Jokes apart - Mark is very much in IV. He is involved at the national level more than the State level - he does make sure he is in conference calls and if we have a meetup in his area, he will make it for sure.
more...
gps001
02-23 02:34 PM
Hi,
1. I have my I-140 approved, applied for I-485 and have EAD/AP
2. Spouse has her own H1-B, and applied for I-485, based on my I-140, and has EAD/AP
3. Both have 6 years of H1-B expiring later this year (both from different companies)
I can extend my H1-B based on pending applications.
QUESTION 1: Can my wife extend her H1-B (beyond 6th year) based on her pending I-485?
My present H1-B expires in November, but I will probably get my new H1-B renewed by June. I intend to travel in September. I don't intend to go for visa stamping and not use my AP. This is because I have a valid stamp until November.
Question: When I am at the port of entry, I will have my old H1-B valid for 2 more months and also the visa stamp valid for 2 more months, but a new H1-B I-797 is already approved. Will this cause a problem?
Thanks.
1. I have my I-140 approved, applied for I-485 and have EAD/AP
2. Spouse has her own H1-B, and applied for I-485, based on my I-140, and has EAD/AP
3. Both have 6 years of H1-B expiring later this year (both from different companies)
I can extend my H1-B based on pending applications.
QUESTION 1: Can my wife extend her H1-B (beyond 6th year) based on her pending I-485?
My present H1-B expires in November, but I will probably get my new H1-B renewed by June. I intend to travel in September. I don't intend to go for visa stamping and not use my AP. This is because I have a valid stamp until November.
Question: When I am at the port of entry, I will have my old H1-B valid for 2 more months and also the visa stamp valid for 2 more months, but a new H1-B I-797 is already approved. Will this cause a problem?
Thanks.
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buddyinsd
02-07 01:02 PM
The only diff b/w these illegals vs legals is education. These illegals r uneducated and dont fear law and can go to any extent as opposed to legals who're well educated. At the same time, the Tri-valley situation brings to the fore the credibility of educated indians too!!! All those students came to US "legally" but started violating the law from the word GO by working at Gas stations, Mc Donalds etc...to make ends meet. Infact some even got in very well knowing that it was not completely legal as the guy from the university who was bringing ppl was a desi who worked for the university and forged fake documents for the students.
Overall, the Indian immigrant's image is at stake right now and this might lead to enforcing new laws against legal immigrants (read scrutiny, queries etc...)
Overall, the Indian immigrant's image is at stake right now and this might lead to enforcing new laws against legal immigrants (read scrutiny, queries etc...)
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popoye
04-27 12:28 PM
receiving RFE during 485 stage has become more of a common thing. Dont worry about it. Once you get the letter, prepare a response with the right evidence with the help of the attorney, and you should be fine.
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phillyag
02-12 03:36 PM
I am not sure what my status is at present.
I re-entered in US in Dec 12th 2007 with the I-94 stamped as valid till duration of H1. My H1 Visa expired on Feb 6th 2008.
My company lawyer has filed for my H1 extension in Nov 2007 and I am still waiting.
I do have the EAD permit and the AP which I presume is not being used at present.
Please provide some guidance. My lawyer is not responding.
I re-entered in US in Dec 12th 2007 with the I-94 stamped as valid till duration of H1. My H1 Visa expired on Feb 6th 2008.
My company lawyer has filed for my H1 extension in Nov 2007 and I am still waiting.
I do have the EAD permit and the AP which I presume is not being used at present.
Please provide some guidance. My lawyer is not responding.
more...
Eb3Pro
01-25 11:03 AM
Hello everyone,
I went online to check the status of my I-485 and it displayed me the following message
Application Type: I485, APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS
Current Status: Document mailed to applicant.
On December 19, 2007 we mailed the document to the address we have on file. You should receive the new document within 30 days. If you do not, or if you move before you get it, call customer service.
What does it mean? Does it mean that I-485 is approved.
Pls guide.
Kapil
I got similar message on my 485. in my case they resent response to SR to my new address. This is more likely change of address issue.
if you(or lawyer) have not changed address then contact USCIS.
I went online to check the status of my I-485 and it displayed me the following message
Application Type: I485, APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS
Current Status: Document mailed to applicant.
On December 19, 2007 we mailed the document to the address we have on file. You should receive the new document within 30 days. If you do not, or if you move before you get it, call customer service.
What does it mean? Does it mean that I-485 is approved.
Pls guide.
Kapil
I got similar message on my 485. in my case they resent response to SR to my new address. This is more likely change of address issue.
if you(or lawyer) have not changed address then contact USCIS.
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japs19
02-20 01:13 PM
Q:1. First and foremost - can I change my job as I am entering the 6th year of H1?
A: I recently changed my job and I am in 6th year of my H-1. Two options you have at this stage. 1 (smartest): When the lawyer of new company applies for H-1 transfer, also apply for 3 years ext as you have 140 approved. My lawyer did and INS was kind enough to approve both(transfer & ext). 2: Have the employer agree to the fact that they will start GC process right away without any catches. Once that starts in 2-3 months you will have LC and 140 approved and then you can apply for H-1 ext.
I suggest option 1 is the best and works for almost everyone.
2. Since it's going to be my 6th year, will I need to reapply for labor as soon as I change my job? Is there any timeframe?
Yes. You have to apply LC. There are no timeframe limitations on INS side. The only limitation you may find or want to find now is if your new employer has any. Many employers has internal law that once hired, they wait till 1 year before processing GC. Usually the budget is an issue. In that case, here's what you propose. "I will pay all GC related fees out of pocket, and when I finish 1 year (hoping you have approved h-1 ext) of employment, reimburse me".
3. Will there be any issue porting the Priority Date - especially since I am planning to apply on EB2 in the next job.
If you have smart lawyer, there should not be any issue.
Good luck ....:)
A: I recently changed my job and I am in 6th year of my H-1. Two options you have at this stage. 1 (smartest): When the lawyer of new company applies for H-1 transfer, also apply for 3 years ext as you have 140 approved. My lawyer did and INS was kind enough to approve both(transfer & ext). 2: Have the employer agree to the fact that they will start GC process right away without any catches. Once that starts in 2-3 months you will have LC and 140 approved and then you can apply for H-1 ext.
I suggest option 1 is the best and works for almost everyone.
2. Since it's going to be my 6th year, will I need to reapply for labor as soon as I change my job? Is there any timeframe?
Yes. You have to apply LC. There are no timeframe limitations on INS side. The only limitation you may find or want to find now is if your new employer has any. Many employers has internal law that once hired, they wait till 1 year before processing GC. Usually the budget is an issue. In that case, here's what you propose. "I will pay all GC related fees out of pocket, and when I finish 1 year (hoping you have approved h-1 ext) of employment, reimburse me".
3. Will there be any issue porting the Priority Date - especially since I am planning to apply on EB2 in the next job.
If you have smart lawyer, there should not be any issue.
Good luck ....:)
more...
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rameshvaid
08-07 03:07 PM
I did the same with my family in 05. Pretty simple. Go for it. Good Luck. Make sure MARK YES to the question of Your Status in Canada as Permanent Landed Immigrant while filling up the form for H1 intervies at American Embassy.
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Hope_GC
07-17 07:47 PM
Really Thank and Appreciate Mr Gonzales.
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urpal
06-22 10:41 AM
Thank you !
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akgind
03-12 05:51 PM
That's right. I have done just that. Since you are filing a fresh PERM and I-140, it can be a different employer, entirely different job, title, salary. etc. You are only porting the date from the other I-140, nothing else.
Does this mean I can port the PD even if I moving from a technical position to a managerial position in a different company. of course I know one has to file a new perm and I140 with the new company.
Does this mean I can port the PD even if I moving from a technical position to a managerial position in a different company. of course I know one has to file a new perm and I140 with the new company.
more...
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virens
08-24 04:37 PM
Hi Everyone,
I have a quesion on the same lines!!
My H1B is approved till Mar 2007(have I797 till Mar, 2007). But you can file for extension 6 months before it expires ie, Sep 2006. So, now, say I get file for extension and get 3 year extension approval( I say 3 yrs bcoz my I-140 is approved). However, I dont have visa stamp for my current H1b.
Now, if I go for H1b stamping, lets say, in Nov 2006, will they stamp it till Mar 2007(my earlier extension date) or the new H1b approval, ie, Mar 2010.
thanks
please let me know if I have not made myself clear. Yes, it's a little different situation and I've not read anything about this kind of situation .
I have a quesion on the same lines!!
My H1B is approved till Mar 2007(have I797 till Mar, 2007). But you can file for extension 6 months before it expires ie, Sep 2006. So, now, say I get file for extension and get 3 year extension approval( I say 3 yrs bcoz my I-140 is approved). However, I dont have visa stamp for my current H1b.
Now, if I go for H1b stamping, lets say, in Nov 2006, will they stamp it till Mar 2007(my earlier extension date) or the new H1b approval, ie, Mar 2010.
thanks
please let me know if I have not made myself clear. Yes, it's a little different situation and I've not read anything about this kind of situation .
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Wendyzhu77
07-10 09:55 PM
This is absolutely wrong.
My observation... based on i140 application
My case was sent to NSC and it remained in NSC, however applications of 5 colleagues of mine got transfered to TSC... and another 3 remained at NSC
There seems to be a pattern on how they transfer cases from NSC to TSC based on last name (this is totally based on a very small specimen)... posting it here to know if it holds any water
Last name starting with A, C, E, G, I, K..... transfered to TSC
Last name starting with B, D, F, H, J, L..... stayed at NSC
any comments? again this is only based on my observation on a very small # of cases
My observation... based on i140 application
My case was sent to NSC and it remained in NSC, however applications of 5 colleagues of mine got transfered to TSC... and another 3 remained at NSC
There seems to be a pattern on how they transfer cases from NSC to TSC based on last name (this is totally based on a very small specimen)... posting it here to know if it holds any water
Last name starting with A, C, E, G, I, K..... transfered to TSC
Last name starting with B, D, F, H, J, L..... stayed at NSC
any comments? again this is only based on my observation on a very small # of cases
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Libra
11-15 12:03 PM
My PD is also Mar 2005, EB2. And i am not going to get GC anytime sooner, unless we work on it. In my signature there is a link for MN group click on that and join state chapter. update your profile with phone number, so that we can contact you.
gcdreamer05
08-11 11:23 AM
Here you go!
Ok we have the poll, now can we start guessing when our dates will be current.
possibly we need another poll with these options asking when do you think your PD will be current
1) 10-12 years
2) 12-15 years
3) 15 - 20 years
:(
Ok we have the poll, now can we start guessing when our dates will be current.
possibly we need another poll with these options asking when do you think your PD will be current
1) 10-12 years
2) 12-15 years
3) 15 - 20 years
:(
andr.in
10-05 03:03 AM
omg lositnbeta, that's cool! I just got photoshop so I'm a beginner! But that pic is so cool! I like the flash in the center!
I'll see if I can come up with something in 3DS MAX!
I'll see if I can come up with something in 3DS MAX!
