needhelp!
01-11 12:42 PM
Keep up that spirit and make it your fight!
Yes. I will look into local and state chapter over the weekend. Thanks. If I have to go down, will go with a fight.
Yes. I will look into local and state chapter over the weekend. Thanks. If I have to go down, will go with a fight.
krogot
02-17 01:25 AM
Thank you for your answers
sunny26
11-21 08:08 AM
Hi Raj
Ur RD is dec21st.Now according to nsc processing date they r processing jan1st 2007 cases.So wait till next update if u didnt get before that u ask ur lawyer or employer to open SR.i dont think there is any paper work for that.They need to call and talk to IO and open.but i donno the procedure so check with quizzer.
I think you mean I need to see which dates are processing @ NSC; if my I-140 reciept date exceed more than 60 days then I can request my Attorney to got for SR(Service Request)?
Please confirm guys..by the way what are the documents we need to provide to go for SR or Attorney will handle it?
Your response much Appreciated.
Thank you
RT
Ur RD is dec21st.Now according to nsc processing date they r processing jan1st 2007 cases.So wait till next update if u didnt get before that u ask ur lawyer or employer to open SR.i dont think there is any paper work for that.They need to call and talk to IO and open.but i donno the procedure so check with quizzer.
I think you mean I need to see which dates are processing @ NSC; if my I-140 reciept date exceed more than 60 days then I can request my Attorney to got for SR(Service Request)?
Please confirm guys..by the way what are the documents we need to provide to go for SR or Attorney will handle it?
Your response much Appreciated.
Thank you
RT
LostInGCProcess
02-04 05:28 PM
I have a close friend who has floated a company to pursue an entrepreneurial dream.
My husband is currently working in US and has filed for GC (140 approved status). I have an EAD and am working in a company very close to where I am staying.
My friend has requested me to help market clients for the product that they are developing.. Is it ok for me to approach companies, as a representative of my friend's company and try selling the product(strictly non-compensational)? Or will there be legal hassles in doing this? Please enlighten me with your thoughts..
Appreciate your help in advance.
Since you are on EAD, and I presume you are the dependent applicant, there is no limit on the number of jobs that you can have....Definitely there is no legal hassle...and I wonder why you want to just volunteer? If its fear of legal implication then, change your mind and get paid !!! :)
My husband is currently working in US and has filed for GC (140 approved status). I have an EAD and am working in a company very close to where I am staying.
My friend has requested me to help market clients for the product that they are developing.. Is it ok for me to approach companies, as a representative of my friend's company and try selling the product(strictly non-compensational)? Or will there be legal hassles in doing this? Please enlighten me with your thoughts..
Appreciate your help in advance.
Since you are on EAD, and I presume you are the dependent applicant, there is no limit on the number of jobs that you can have....Definitely there is no legal hassle...and I wonder why you want to just volunteer? If its fear of legal implication then, change your mind and get paid !!! :)
more...
sathishav
03-01 02:07 PM
If i understood your post correctly, you have ported of an unapproved I140. I do understand this is for a "future job", but still you have used AC21.
I agree with your attorney to file, because, if you had worked for Company A and moved AFTER I140 approved and I485 pending for 180 days, you don't have to worry about their status. Since you have not yet worked for them, it safe severe your ties by filing AC21.
http://www.myvisajobs.com/Document/YatesMay05.pdf
Question 1. How should service centers or district offices process unapproved I-140 petitions that were concurrently filed with I-485 applications that have been pending 180 days in relation to the I-140 portability provisions under �106(c) of AC21?
Answer: If it is discovered that a beneficiary has ported off of an unapproved I-140 and I-
485 that has been pending for 180 days or more, the following procedures should
be applied:
A. Review the pending I-140 petition to determine if the preponderance of the evidence establishes that the case is approvable or would have been approvable had it been adjudicated within 180 days. If the petition is approvable but for an ability to pay issue or any other issue relating to a time after the filing of the petition, approve the petition on
it�s merits. Then adjudicate the adjustment of status application to determine if the new position is the same or similar occupational classification for I-140 portability purposes.
B. If additional evidence is necessary to resolve a material post-filing
issue such as ability to pay, an RFE can be sent to try to resolve the
issue. When a response is received, and if the petition is approvable,
follow the procedures in part A above.
I agree with your attorney to file, because, if you had worked for Company A and moved AFTER I140 approved and I485 pending for 180 days, you don't have to worry about their status. Since you have not yet worked for them, it safe severe your ties by filing AC21.
http://www.myvisajobs.com/Document/YatesMay05.pdf
Question 1. How should service centers or district offices process unapproved I-140 petitions that were concurrently filed with I-485 applications that have been pending 180 days in relation to the I-140 portability provisions under �106(c) of AC21?
Answer: If it is discovered that a beneficiary has ported off of an unapproved I-140 and I-
485 that has been pending for 180 days or more, the following procedures should
be applied:
A. Review the pending I-140 petition to determine if the preponderance of the evidence establishes that the case is approvable or would have been approvable had it been adjudicated within 180 days. If the petition is approvable but for an ability to pay issue or any other issue relating to a time after the filing of the petition, approve the petition on
it�s merits. Then adjudicate the adjustment of status application to determine if the new position is the same or similar occupational classification for I-140 portability purposes.
B. If additional evidence is necessary to resolve a material post-filing
issue such as ability to pay, an RFE can be sent to try to resolve the
issue. When a response is received, and if the petition is approvable,
follow the procedures in part A above.
java4yogi
09-18 04:04 PM
I checked with my employer, they mentioned that I cannot apply for SSN before Oct 1 and would only be eligible post Oct 1. Any ideas !
more...
kevnss
06-05 08:58 PM
1. My EAD is up for renewal and will there be any problems renewing it If either I am with a new employer or in between jobs when the application is being submitted?
-- No.
2. My current employer will hand me my I-140. Can I restart my GC process with my new employer and still maintain my old PD of July 2003?
-- You do not have to restart anything if it has been 180 days since 485 filing and I assume it is the case as you have an EAD since last year.
3. If I restart my GC process, do I have to start my Labor and I-140 as well or do I just re-file my 485?
-- You are fine as you are. There is need to restart anything. The provision is called AC21 and you can google it for more info.
This is really great information. I couldn't find this thread so opened another thread ofcourse cleared the doubts by both guru's. I have one more question, what happens if job title changes during this process.
Thanks
-- No.
2. My current employer will hand me my I-140. Can I restart my GC process with my new employer and still maintain my old PD of July 2003?
-- You do not have to restart anything if it has been 180 days since 485 filing and I assume it is the case as you have an EAD since last year.
3. If I restart my GC process, do I have to start my Labor and I-140 as well or do I just re-file my 485?
-- You are fine as you are. There is need to restart anything. The provision is called AC21 and you can google it for more info.
This is really great information. I couldn't find this thread so opened another thread ofcourse cleared the doubts by both guru's. I have one more question, what happens if job title changes during this process.
Thanks
ghost
07-18 06:04 PM
I wonder when illegal can demonstrate, why can't we unite and organize some demonstartions to explain our frustrations and demands.
A lot of discussion happened on this topic in the past and the general consensus was that it will boomerang on us. We should not be demonstrating/protesting/demanding.
Welcome to the world of white collar politics.:)
A lot of discussion happened on this topic in the past and the general consensus was that it will boomerang on us. We should not be demonstrating/protesting/demanding.
Welcome to the world of white collar politics.:)
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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
imv116
03-01 07:15 PM
Hi All,
I have been following the postings on this forum. I appreciate all the hard work the core group is doing. I also appreciate the active participation by all members in answering/discussing the forum topics.
I have contributed a one time $200.00 in support and would contribute more and request every one to support in there capacity.
Every one needs PR status, but in my case, the need is more for my wife, because of the reason that she wants to pursue her medical residency here.
I sometimes wonder and sometimes I feel like going back to India, work for my present company for 1 year, come back here on a managerial/executive position on L1 along with my wife and apply for Perm in Eb1 cat...this said is all my thought!
This would enable my wife to get work permit as L1 dependent and an eventually a residency position in a good univ and a current 1-485 status.
Only thing though is my wife would need to attend interviews.
Any suggestions/feedback will help me and all other people in this situation.
Thank You,
The 116
I have been following the postings on this forum. I appreciate all the hard work the core group is doing. I also appreciate the active participation by all members in answering/discussing the forum topics.
I have contributed a one time $200.00 in support and would contribute more and request every one to support in there capacity.
Every one needs PR status, but in my case, the need is more for my wife, because of the reason that she wants to pursue her medical residency here.
I sometimes wonder and sometimes I feel like going back to India, work for my present company for 1 year, come back here on a managerial/executive position on L1 along with my wife and apply for Perm in Eb1 cat...this said is all my thought!
This would enable my wife to get work permit as L1 dependent and an eventually a residency position in a good univ and a current 1-485 status.
Only thing though is my wife would need to attend interviews.
Any suggestions/feedback will help me and all other people in this situation.
Thank You,
The 116
more...
StuckInTheMuck
03-09 11:47 AM
Hi akilaakka,
It was EB1-EA ("extraordinary ability") category.
Cheers.
It was EB1-EA ("extraordinary ability") category.
Cheers.
Leo07
02-17 04:06 PM
Upgrade is any day a better option.
But, given your Dec 2001 PD the number of EB3 applications before you is less than 1100.
Source:http://www.travel.state.gov/pdf/EmploymentDemandUsedForCutOffDates.pdf
I'm thinking that you'd get your GC before your EB2 PERM can get cleared.
My 2 cents...
But, given your Dec 2001 PD the number of EB3 applications before you is less than 1100.
Source:http://www.travel.state.gov/pdf/EmploymentDemandUsedForCutOffDates.pdf
I'm thinking that you'd get your GC before your EB2 PERM can get cleared.
My 2 cents...
more...
GCNirvana007
08-22 09:39 AM
Anyone still waiting for approval whose PD is within October 2003 EB2?
Well no one yet, thats a good sign
Well no one yet, thats a good sign
ksircar
04-04 03:38 PM
Why is it still unaccessible? Are you guys experiencing the same?
http://travel.state.gov/visa/frvi/bulletin/bulletin_1360.html
Does anyone really care?
http://travel.state.gov/visa/frvi/bulletin/bulletin_1360.html
Does anyone really care?
more...
wizard20740
07-01 03:46 PM
My wife's ead was filed in April even though hers was due for expiry only in Oct 2008. Yday her ead was approved (her online status read "card ordered".
I have also read about one other case in , where the poster had filed too early but still received approval. Only problem is the new ead is valid for a year starting from the filing date, not 1 year from the expry of the old ead.
I have also read about one other case in , where the poster had filed too early but still received approval. Only problem is the new ead is valid for a year starting from the filing date, not 1 year from the expry of the old ead.
indyanguy
08-24 03:05 PM
In the past EB3 was eligible for PP before EB2 was eligible.
http://www.murthy.com/news/n_eb3140.html
I've heard rumors that this will happen again. I don't understand the rationale though.
http://www.murthy.com/news/n_eb3140.html
I've heard rumors that this will happen again. I don't understand the rationale though.
more...
sbmallik
09-10 10:00 AM
I have finished my 6 years quota of H1B and right now I am on TN visa (I am Canadian). Since I started the green card process a little late, I still need more time to finish the green card process. So, my question is, is there any way I can go back to H1B visa again once my TN visa expires. I can not renew my TN because I have applied already for I-140 and that shows my intent to immigrate to US.
Thanks
Theo
Was your I-140 petition filed when you changed your status from H-1B to TN? In my opinion, it is the I-140 petition that discloses immigration intent. However, as the previous poster mentioned, your employer can extend H-1B after the I-140 approval. Till then I think you have to continue on TN status.
Thanks
Theo
Was your I-140 petition filed when you changed your status from H-1B to TN? In my opinion, it is the I-140 petition that discloses immigration intent. However, as the previous poster mentioned, your employer can extend H-1B after the I-140 approval. Till then I think you have to continue on TN status.
Hinglish
03-05 12:39 AM
Dont worry about it ...
appear for the FP ...
I had a major cut on my finger, they tried but could not take a good print and finally asked me to come in 15-20 days using walk in along with the FP notice.
The important thing is DO NOR miss the appointment ... show up there and let them tell you that they cannot take the FP
appear for the FP ...
I had a major cut on my finger, they tried but could not take a good print and finally asked me to come in 15-20 days using walk in along with the FP notice.
The important thing is DO NOR miss the appointment ... show up there and let them tell you that they cannot take the FP
canleo98
01-11 02:29 PM
As per my understanding, extension will be given if and only if :
Either Labor is pending for more than 365 days or Labor and I-140 is approved.
If Labor is pending for more than 365 days, one year extension is approved and if Labor and I-140 is approved, three year extension is approved.
Am I right in interpreting the rule correctly?
Hello All,
I am on 7th year of my H1 and my I-140 is pending. Since my current H1 is about to expire, I need to file for my 8th year of H1 extension. Do you think there could be some problem in getting my 8th year extension since my labor is approved and I-140 is pending. The way I interpreted the extension rule is that you can only get the extension if your labor is pending for more than 1 year but in my case my labor is approved and I-140 is pending.And I cannot wait for I-140 approval since my current H1 is about to expire.
Please advise.
Thanks
Either Labor is pending for more than 365 days or Labor and I-140 is approved.
If Labor is pending for more than 365 days, one year extension is approved and if Labor and I-140 is approved, three year extension is approved.
Am I right in interpreting the rule correctly?
Hello All,
I am on 7th year of my H1 and my I-140 is pending. Since my current H1 is about to expire, I need to file for my 8th year of H1 extension. Do you think there could be some problem in getting my 8th year extension since my labor is approved and I-140 is pending. The way I interpreted the extension rule is that you can only get the extension if your labor is pending for more than 1 year but in my case my labor is approved and I-140 is pending.And I cannot wait for I-140 approval since my current H1 is about to expire.
Please advise.
Thanks
xyz_jay
11-28 07:06 AM
This is great.. but is there any qualifications 2 join or our countries must be the same or, what?
up_guy
08-27 04:09 PM
What was the cause for H1B rejection??
My H-1 B was not rejected, just application got returned back to the lawyer because some form was missing in it. They had refiled it back.
I donot know any other details, as lawyer did not share it with me..
My H-1 B was not rejected, just application got returned back to the lawyer because some form was missing in it. They had refiled it back.
I donot know any other details, as lawyer did not share it with me..
