arnet
11-16 12:28 AM
you can use any of the consulates in india.
but usually dates opens up if any cancellation. check vfs site often. nowadays it is easier to get appt than it used to be.
disclaimer: I'm not an immigration attroney, so consult one for your situations as laws/procedures are changing often.
I just noticed that the dates in Chennai are not available for returning H1's. What should i do ??Can i book in any consulate ..
but usually dates opens up if any cancellation. check vfs site often. nowadays it is easier to get appt than it used to be.
disclaimer: I'm not an immigration attroney, so consult one for your situations as laws/procedures are changing often.
I just noticed that the dates in Chennai are not available for returning H1's. What should i do ??Can i book in any consulate ..
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gccovet
08-22 03:09 PM
I am changing my employer and wanted to retain the services of legal firm representing current employer. Upon asking that I want to retain their services after I leave current employer, I have been told to pay upfront retainer fee of $2500.
- Is it normally the case? I have been told that this fee will be put in my account with the firm and used to pay the charges for the services I request.
- If with God's grace my case is approved without requiring attorney's help, is this retainer refundable in full (I have asked attorney this question and waiting for thier reply). Anybody has a similar experience.
The firm is trying to milk you. looks like better switch the lawyer, appears to be greedy.
my 2 cents...
GCCovet
- Is it normally the case? I have been told that this fee will be put in my account with the firm and used to pay the charges for the services I request.
- If with God's grace my case is approved without requiring attorney's help, is this retainer refundable in full (I have asked attorney this question and waiting for thier reply). Anybody has a similar experience.
The firm is trying to milk you. looks like better switch the lawyer, appears to be greedy.
my 2 cents...
GCCovet
lazycis
05-01 11:54 AM
If old I-140 has not been revoked, you are entitled to the old PD.
8 CFR 204.5
(e) Retention of section 203(b)(1) , (2) , or (3) priority date. -- A petition approved on behalf of an alien under sections 203(b)(1), (2), or (3) of the Act accords the alien the priority date of the approved petition for any subsequently filed petition for any classification under sections 203(b)(1), (2), or (3) of the Act for which the alien may qualify. In the event that the alien is the beneficiary of multiple petitions under sections 203(b)(1), (2), or (3) of the Act, the alien shall be entitled to the earliest priority date. A petition revoked under sections 204(e) or 205 of the Act will not confer a priority date, nor will any priority date be established as a result of a denied petition. A priority date is not transferable to another alien.
8 CFR 204.5
(e) Retention of section 203(b)(1) , (2) , or (3) priority date. -- A petition approved on behalf of an alien under sections 203(b)(1), (2), or (3) of the Act accords the alien the priority date of the approved petition for any subsequently filed petition for any classification under sections 203(b)(1), (2), or (3) of the Act for which the alien may qualify. In the event that the alien is the beneficiary of multiple petitions under sections 203(b)(1), (2), or (3) of the Act, the alien shall be entitled to the earliest priority date. A petition revoked under sections 204(e) or 205 of the Act will not confer a priority date, nor will any priority date be established as a result of a denied petition. A priority date is not transferable to another alien.
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enver
06-13 03:27 PM
I got my LC two days ago apply 245i 05-26-01.On my LC it says B2 does this mean EB2 and whats my current status can I apply for 485i please advise me thakyou all.
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kaisersose
06-02 03:24 PM
You have a valid point but in worst case scenario, can i use the EAD and handle the RFE at the time of citizen ship... is the RFE during approval of GC or during citizen ship ?
Here is how I see it,
1. You use your EAD and quit your employer.
2. Your H employer cancels your H-1 and therefore the H-4 is cancelled too.
3. When it is time for your wife to apply for AOS, she has show proof that she is legally in the US at that time.
4. But she is no longer in the US legally and so she cannot really apply.
I would not take this route. Instead I suggest you try to get her a different visa (h1, F1, etc) and make her status independent of yours. If not, then you will have to hold on to a H status until her PD becomes current.
Here is how I see it,
1. You use your EAD and quit your employer.
2. Your H employer cancels your H-1 and therefore the H-4 is cancelled too.
3. When it is time for your wife to apply for AOS, she has show proof that she is legally in the US at that time.
4. But she is no longer in the US legally and so she cannot really apply.
I would not take this route. Instead I suggest you try to get her a different visa (h1, F1, etc) and make her status independent of yours. If not, then you will have to hold on to a H status until her PD becomes current.
bigsky
10-18 11:06 AM
Thanks a lot for your advice Pappu and I don't think it has anything to do with my employer, there were four other Labor Certification�s applied during the same time period and three of them already certified and mine was the only one which got screwed. I will consult with the lawyer about my situation.
Thanks for your input nycgal369.
Thanks for your input nycgal369.
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lccleared
08-26 06:04 PM
I have not received it either, where as my spouse and child got theirs 10 days back. Wonder whats happening, called up USCIS they asked me wait for couple of more days.
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pkv
09-13 01:17 PM
What is this fight all about ??? eb3-->eb2 ... or spillover??? changing any/both of them will not solve underlying problem.. Grow up people
why not go for real problem??? if you want to ask congress/administration, ask for some real solutions which will help everyone. To name a few...
1. Capture lost Visa numbers
2. Get rid of country quota.. how does this country based quota makes sense in EB Category??
why not go for real problem??? if you want to ask congress/administration, ask for some real solutions which will help everyone. To name a few...
1. Capture lost Visa numbers
2. Get rid of country quota.. how does this country based quota makes sense in EB Category??
more...
harrydr
01-06 08:05 AM
Please advise if 5.5+ years of experience and an Advanced degree in Electronics would qualify me for porting me from EB2 to EB1. I have been waiting to file for my I-140 over an year now but things aren't looking anywhere near to it.
So just wanted to understand if this was even legally possible.
So just wanted to understand if this was even legally possible.
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sroyc
08-03 12:32 PM
There is no box for A#. The fields are - Receipt #, Case Type (I-140), Receipt Date, Priority Date, Petitioner, Notice Date, Page (1 of 1), Beneficiary, Law firm's name and address, Notice Type (Approval, Preference category).
This was around April 2006. Maybe they changed the format?
There should be a box for A number, is it blank?
This was around April 2006. Maybe they changed the format?
There should be a box for A number, is it blank?
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gcwanter
07-09 01:35 PM
I submitted for PP on June 19th, status never got updated ; lawyer received approval copy on july 5th
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BhanuPriya
06-11 02:41 PM
There is no problem in changing company and getting extension based on Approved I -140. Please contact a good attorney and proceed.
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Macaca
01-28 08:19 PM
Although it does not feature in this article, Bush is using the word 'Guest Worker' more often these days. Any opinions about the emphasis on the word 'Guest' these days in Bush's speeches? Is there a covert message there?
He is backing off from amnesty. Guest worker is one option without amnesty. Here is numbersusa crap (http://www.numbersusa.com/index) on covert message.
Current state of guest worker program is at Unions Split on Immigrant Workers (http://www.washingtonpost.com/wp-dyn/content/article/2007/01/26/AR2007012601635.html).
He is backing off from amnesty. Guest worker is one option without amnesty. Here is numbersusa crap (http://www.numbersusa.com/index) on covert message.
Current state of guest worker program is at Unions Split on Immigrant Workers (http://www.washingtonpost.com/wp-dyn/content/article/2007/01/26/AR2007012601635.html).
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mambarg
08-01 01:26 PM
But dont you guys expect improvement after all this fiasco ?
Do you not agree that INS will learn some lessons from this ?
Since DOS does not know or INS cannot tell DOS how many apps it has waiting for approval , then how will DOS decide on the monthly cutoff for EB categories ?
With all the fiasco. DOS will definitely ask INS and get the estimate before deciding cut off.
INS also promised that they will work with DOS to make this cutoff process proper ?
I dont know the details, but we may see a definite change henceforth.
So be ready for more surprises in coming months.
Enjoy the ride.............
Do you not agree that INS will learn some lessons from this ?
Since DOS does not know or INS cannot tell DOS how many apps it has waiting for approval , then how will DOS decide on the monthly cutoff for EB categories ?
With all the fiasco. DOS will definitely ask INS and get the estimate before deciding cut off.
INS also promised that they will work with DOS to make this cutoff process proper ?
I dont know the details, but we may see a definite change henceforth.
So be ready for more surprises in coming months.
Enjoy the ride.............
more...
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GCPagla
03-15 02:07 PM
Hi,
I would like to get you expert's opinion, before I pull the final string. My GC had been filed in EB2 with PD on Feb 26 2007. My 140 has been approved on April 2008. My 485 was filed during 2007 fiasco. I work for one of the big 3car company in Detroit as a consultant and situation is changing fast here, compelling me to search shelter somewhere else.
Luckily I got an offer from a new employer which is enticing me two pull the trick of Ac21. But before I do so, I would like to get your kind advise on the following points.
a) My Job title is programmer Analyst with my current employer but in the offer letter of the future employer is is given as "Sr. java developer". Does this title change matters? The new employer has agreed to give me the Ac21 letter with same job duty description.
b) The salary increase in the job is almost 50%. Do you think this causes any red flag.
c) The company size of the new employer is much small than the current employer. Is this OK.
I am really depending on you people's expertise. Any help will really make me confident about this change.
Regards
I would like to get you expert's opinion, before I pull the final string. My GC had been filed in EB2 with PD on Feb 26 2007. My 140 has been approved on April 2008. My 485 was filed during 2007 fiasco. I work for one of the big 3car company in Detroit as a consultant and situation is changing fast here, compelling me to search shelter somewhere else.
Luckily I got an offer from a new employer which is enticing me two pull the trick of Ac21. But before I do so, I would like to get your kind advise on the following points.
a) My Job title is programmer Analyst with my current employer but in the offer letter of the future employer is is given as "Sr. java developer". Does this title change matters? The new employer has agreed to give me the Ac21 letter with same job duty description.
b) The salary increase in the job is almost 50%. Do you think this causes any red flag.
c) The company size of the new employer is much small than the current employer. Is this OK.
I am really depending on you people's expertise. Any help will really make me confident about this change.
Regards
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belmontboy
04-22 09:33 PM
In fiscal year 2006, there were 5 Indian firms in the top 10 users of H1B visa.
http://www.networkworld.com/community/?q=node/15273
However, when it comes to PERM filing there is only 1 Indian company in the top 10 list of PERM filers. That is very interesting. Does it mean that Indian companies do not encourage or support GC process as much as the American companies do? I sure hope that's not the case and employees of those Indian companies are getting a fare shot at the Greencard.
Indian companies like wipro, infosys discourage GC processes.
http://www.networkworld.com/community/?q=node/15273
However, when it comes to PERM filing there is only 1 Indian company in the top 10 list of PERM filers. That is very interesting. Does it mean that Indian companies do not encourage or support GC process as much as the American companies do? I sure hope that's not the case and employees of those Indian companies are getting a fare shot at the Greencard.
Indian companies like wipro, infosys discourage GC processes.
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hope_4_best
09-05 04:25 PM
While on EAD, what type of entity (LLC, S Corp, C Corp) is the best one?
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jnraajan
01-08 04:57 PM
Thanks Sanjay02.
Another follow-up question.. I'm planning to file for EAD, which passport number should I use in this form ?
If I use new one(which is valid), isn't it in contra with AOS application?
Has anyone faced this situation ?
I used my new passport number and never had any issues. In fact, I also had filed for an H1b extension with the new passport. so, Dont worry
Another follow-up question.. I'm planning to file for EAD, which passport number should I use in this form ?
If I use new one(which is valid), isn't it in contra with AOS application?
Has anyone faced this situation ?
I used my new passport number and never had any issues. In fact, I also had filed for an H1b extension with the new passport. so, Dont worry
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pappu
05-20 08:31 PM
Good post
raysaikat
04-22 01:36 AM
Hello
My story is:
I've been on J2 for a while, it expires in May 2011. I have a EAD and currentlt I'm working for a company as a professional.I have a 5 years of Bs degree.
Questions are:
1. Can my employer apply for a Perm Cert for me if they want.
Yes.
2. After getting the perm cert. can my employer file I 140 under EB3 for me?
Yes.
3. Will I be eligible for premium processing for I 140 application, in 15 days?
I-140 premium processing was suspended and then resumed again only for some H1-B status holders last year. I do not know if USCIS removed the restrictions. If not, then you would not be eligible since you are not on H1-B.
4. Lets say all the above steps are accomplished and I got approved for I 140, all happened prior to May 2011 (this is the actual date my J visa and EAD expires).
a. Then I'll still be working with my current EAD, right?
Depends. J-visa status requires non-immigration intent. I do not know if submission (and approval) of I-140 constitutes expressing immigration intent. If yes, then your status would cease and your J-2 EAD will not remain valid. Ask an immigration lawyer.
b. Then what happens after May 2011?
Unless you have some other VISA that would allow you to stay in the US, you need to leave US.
c. DO I need to wait to file I 485 or can I file it right after my I 140 approved?
You cannot file I-485 until your priority date -- the date when your employer submitted labor certification petition --- becomes "current" (i.e., the month when Department of State's published cut-off date for EB3 goes after your priority date). Currently EB3 cut-off date is 22APR03. So plan on waiting for about 10 years or more.
d. how can I legally work in the USA after my EAD from J visa expires, but if I have approved I 140.
thank you very much
No. You cannot even stay in US unless you have some other VISA that would allow you to stay in US.
My story is:
I've been on J2 for a while, it expires in May 2011. I have a EAD and currentlt I'm working for a company as a professional.I have a 5 years of Bs degree.
Questions are:
1. Can my employer apply for a Perm Cert for me if they want.
Yes.
2. After getting the perm cert. can my employer file I 140 under EB3 for me?
Yes.
3. Will I be eligible for premium processing for I 140 application, in 15 days?
I-140 premium processing was suspended and then resumed again only for some H1-B status holders last year. I do not know if USCIS removed the restrictions. If not, then you would not be eligible since you are not on H1-B.
4. Lets say all the above steps are accomplished and I got approved for I 140, all happened prior to May 2011 (this is the actual date my J visa and EAD expires).
a. Then I'll still be working with my current EAD, right?
Depends. J-visa status requires non-immigration intent. I do not know if submission (and approval) of I-140 constitutes expressing immigration intent. If yes, then your status would cease and your J-2 EAD will not remain valid. Ask an immigration lawyer.
b. Then what happens after May 2011?
Unless you have some other VISA that would allow you to stay in the US, you need to leave US.
c. DO I need to wait to file I 485 or can I file it right after my I 140 approved?
You cannot file I-485 until your priority date -- the date when your employer submitted labor certification petition --- becomes "current" (i.e., the month when Department of State's published cut-off date for EB3 goes after your priority date). Currently EB3 cut-off date is 22APR03. So plan on waiting for about 10 years or more.
d. how can I legally work in the USA after my EAD from J visa expires, but if I have approved I 140.
thank you very much
No. You cannot even stay in US unless you have some other VISA that would allow you to stay in US.
santb1975
01-28 09:46 PM
you are awesome
Tomorrow evening, can you rise to the occasion???
Tomorrow evening, can you rise to the occasion???
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