beautifulMind
02-23 04:41 PM
I successfully ported from EB3 to EB2 in the same company while on EAD
Now i am working on the new Eb2 position using the EAD obtained from the EB3 position. I have still not filed my Eb2 485 since dates are not current (priority date jan 2007)
The new Eb2 job description was similiar to Eb3 but the difference was that now it required masters degree and 1 year experience. This is becasue of more resposnitlity and supervisory role in the eb2 position. Also natural progression...
I qualified for the Eb2 position without using the Experience gained in the existing company. I had masters and previous experience which was used for qualification....
Also the older Eb3 position does not exist as it was modified to the new Eb2 position as the role now required more complexity...
Sharing my experience and wondering if everything is ok with my current situation? I do not have a h1b. I still work on EAd obtained from the Eb3 app and travel on AP and have not had any issues yet....
Now i am working on the new Eb2 position using the EAD obtained from the EB3 position. I have still not filed my Eb2 485 since dates are not current (priority date jan 2007)
The new Eb2 job description was similiar to Eb3 but the difference was that now it required masters degree and 1 year experience. This is becasue of more resposnitlity and supervisory role in the eb2 position. Also natural progression...
I qualified for the Eb2 position without using the Experience gained in the existing company. I had masters and previous experience which was used for qualification....
Also the older Eb3 position does not exist as it was modified to the new Eb2 position as the role now required more complexity...
Sharing my experience and wondering if everything is ok with my current situation? I do not have a h1b. I still work on EAd obtained from the Eb3 app and travel on AP and have not had any issues yet....
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looivy
05-20 06:13 PM
President Obama recently mentioned plans for holding a White House meeting to discuss proceeding with immigration reform legislation. And now he is keeping that promise by setting June 8th, just three weeks from now, to hold the meeting. According to Politico: "The meeting will be an opportunity to launch a policy conversation that we hope will be able to start a debate that will take place in Congress later in the year," the official, who asked not to be named, said. Asked if the session would be billed as a summit or a forum, like similar meetings on health care...
More... (http://blogs.ilw.com/gregsiskind/2009/05/obama-sets-date-for-immigration-reform-white-house-conversation.html)
IV should have members of congress on our side appeal on our behalf.
More... (http://blogs.ilw.com/gregsiskind/2009/05/obama-sets-date-for-immigration-reform-white-house-conversation.html)
IV should have members of congress on our side appeal on our behalf.
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mattresscoil
11-12 11:57 AM
Hi,
I have an EB3-I I-485 Pending with PD Dec 04 and i am currently on 6th year of H1B. I have EAD but not using it. Spouse using EAD to work. Should i go for extension of H1B based on I-140 approval? How many years can i get H1B extension for?
I am reading conflicting posts with some saying only 1 yr extension and some saying 3 yr extension based on i-140 approval. Anybody been through this or have any info on this, I would appreciate your response. How many years can i get H1B extension for?
Thanks
smsthss:
1. You are eligible to get 3 H1B year extension based on an approved I-140. However it is up to the Immigration officer to grant you the appropriate term. The appropriate term will depend on the employer paperwork that can suggest that there is atleast 3 years worth of work available for you to do.
2. Two of my friends got their H1B extensions on the basis of approved 140 (after their 6th year). One of them provided the client letter proving that there is a lot of work for another 3 years but got an extension for 1.5 years only. My other friend submitted client work order showing work for 6 months but that guy got an H1B extension for 3 years.
Your best bet is to provide all the paperwork and request extension for 3 years and leave it up to the IO to make the decision. (Certain things are beyond our control, but the things that are must be handled well)
I have an EB3-I I-485 Pending with PD Dec 04 and i am currently on 6th year of H1B. I have EAD but not using it. Spouse using EAD to work. Should i go for extension of H1B based on I-140 approval? How many years can i get H1B extension for?
I am reading conflicting posts with some saying only 1 yr extension and some saying 3 yr extension based on i-140 approval. Anybody been through this or have any info on this, I would appreciate your response. How many years can i get H1B extension for?
Thanks
smsthss:
1. You are eligible to get 3 H1B year extension based on an approved I-140. However it is up to the Immigration officer to grant you the appropriate term. The appropriate term will depend on the employer paperwork that can suggest that there is atleast 3 years worth of work available for you to do.
2. Two of my friends got their H1B extensions on the basis of approved 140 (after their 6th year). One of them provided the client letter proving that there is a lot of work for another 3 years but got an extension for 1.5 years only. My other friend submitted client work order showing work for 6 months but that guy got an H1B extension for 3 years.
Your best bet is to provide all the paperwork and request extension for 3 years and leave it up to the IO to make the decision. (Certain things are beyond our control, but the things that are must be handled well)
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WaitingForMyGC
01-11 01:39 PM
Any more suggestions.. guys?
more...
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gc28262
07-15 09:41 PM
Thank you GC28262,
I also presume that there is no need to file I-539 either. However, what would be the right approach here..
File for H4, while she continues to work on EAD. The benefit with this approach is that she would have a new I-94
OR
File for AP - but then she won't have a new I-94 till such time that she reenters US.
Please advice.
I am not a legal expert.
For one thing, nobody can have H4 and EAD together. When someone uses EAD, his/her H1/H4 is invalid. You need not worry about this. Myself and thousands of IV members are in the same situation. Once you are on AOS you need not worry about I-94.
The only way an AOS person can have an unexpired I-94 is when he/she maintains his/her H1B status also. A pure AOS person cannot have an unexpired I-94 all the time. So no need to be tense over this.
BTW my I-94 expired more than a year ago when I switched over to EAD.
I also presume that there is no need to file I-539 either. However, what would be the right approach here..
File for H4, while she continues to work on EAD. The benefit with this approach is that she would have a new I-94
OR
File for AP - but then she won't have a new I-94 till such time that she reenters US.
Please advice.
I am not a legal expert.
For one thing, nobody can have H4 and EAD together. When someone uses EAD, his/her H1/H4 is invalid. You need not worry about this. Myself and thousands of IV members are in the same situation. Once you are on AOS you need not worry about I-94.
The only way an AOS person can have an unexpired I-94 is when he/she maintains his/her H1B status also. A pure AOS person cannot have an unexpired I-94 all the time. So no need to be tense over this.
BTW my I-94 expired more than a year ago when I switched over to EAD.
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msyedy
01-24 11:09 AM
Yes your crook attorney is partially right. Because once your I-140 gets approved, then you are eligible for 3 yr extension and not 1 yr extension. No attorney like his/her clients get 3 yrs extension because they will lose their attorney fee for the next two years.
Just ask your lier to apply for I-140. If he refuses to do that, ask him why?
Change your attorney if you are paying for your GC. If company is paying then talk to the companies HR or who ever, lawyers will work on what the company says.
Forget about the lawyer, It is the company issue here if they are paying for your GC.
....
Just ask your lier to apply for I-140. If he refuses to do that, ask him why?
Change your attorney if you are paying for your GC. If company is paying then talk to the companies HR or who ever, lawyers will work on what the company says.
Forget about the lawyer, It is the company issue here if they are paying for your GC.
....
more...
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zoozee
06-11 05:56 PM
Mistake..............Now i am not able to change the title-sorry guys.
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jq45
06-15 10:49 AM
I just called the USCIS National Customer Service Center at 1-800-375-5283 to get clarification.
The representative I talked to checked with her supervisor, and her response was the following:
- The OMB number at the top is something related to the medical board and has nothing to do with the USCIS. The expiry date is irrelevant to the USCIS. The USCIS only cares about the revision date at the bottom (09/16/05).
In other words, the form that is currently on the USCIS web site is acceptable now and in the future (past 6/30/07) until whenever the USCIS changes which revision of the I-693 will be considered acceptable.
Thank you to everyone for their quick responses!
The representative I talked to checked with her supervisor, and her response was the following:
- The OMB number at the top is something related to the medical board and has nothing to do with the USCIS. The expiry date is irrelevant to the USCIS. The USCIS only cares about the revision date at the bottom (09/16/05).
In other words, the form that is currently on the USCIS web site is acceptable now and in the future (past 6/30/07) until whenever the USCIS changes which revision of the I-693 will be considered acceptable.
Thank you to everyone for their quick responses!
more...
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kadarm
08-22 07:01 PM
I am also from MN. Living in Minnetonka. Willing to know anyone going for Rally.
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rangeela
10-17 01:04 PM
Hi All,
I have got fingerprint notice and appointment is after 3 weeks in Charlotte NC. I will not be available on that day and do not want to postpone the appointment.
I would like to prepone the appointment and I tried to find Charlotte USCIS local phone number but could not find anywhere. The only number is general 800 number and that was of no use.
Does anyone have any experience with Charlotte office? Can I just go there and will they do fingerprint any day before actual appointment? Charlotte is around 4 hours drive. It will be painful to drive there and find that they don't do fingerprint before appointment day. What day is normally good if I want to take the chance? Have anyone actually called them and prepone the appointment? What is the local office phone number?
These are two many questions. But all are related. Sorry for being so long and thanks in advance for your response...
rangeela....
I have got fingerprint notice and appointment is after 3 weeks in Charlotte NC. I will not be available on that day and do not want to postpone the appointment.
I would like to prepone the appointment and I tried to find Charlotte USCIS local phone number but could not find anywhere. The only number is general 800 number and that was of no use.
Does anyone have any experience with Charlotte office? Can I just go there and will they do fingerprint any day before actual appointment? Charlotte is around 4 hours drive. It will be painful to drive there and find that they don't do fingerprint before appointment day. What day is normally good if I want to take the chance? Have anyone actually called them and prepone the appointment? What is the local office phone number?
These are two many questions. But all are related. Sorry for being so long and thanks in advance for your response...
rangeela....
more...
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stucklabor
03-11 12:12 PM
Thanks buddy. That was the answer I was looking for.
No probs, we owe as much for all the hours you have put in with the EB number analysis.
But why don't you still talk to your lawyer about the blank line 14? In my case my educational qualifications were listed and so on.
No probs, we owe as much for all the hours you have put in with the EB number analysis.
But why don't you still talk to your lawyer about the blank line 14? In my case my educational qualifications were listed and so on.
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perm2gc
08-24 10:07 AM
I worked for company A till Jun 2003 on h1 for 3 years. Then i went back to India and switched to company B. Now I'm in US on L1 thru company B. I'm thinking of switching back to company A in US. But my H1 got expired on June 2004. My question: Is it possible to renew the original H1 processed by company A now and start working for it? Please help.You said you have worked for Company A for 3yrs.in that case you H1 is arleady expired unless you have revalidated from company A.. If you have to work for Company A again you have to file a new H1B.
more...
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rsayed
04-30 03:09 PM
I was also taken aback initially when I read this. The 8 year wait doesnt apply to title 5. Title 5 already is designed to clear the backlog of EB immigration from 6 years to 0/at best minimum since quota is increased and there are exemptions. The 8 year backlog refers to family based.
...Now, THAT was quite a scare! Thx. for the clarification.
...Now, THAT was quite a scare! Thx. for the clarification.
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laborfd
05-22 09:21 AM
Katrina, How did you know that DBEC is processing 2005 case?
I kind a feel that would be a miracle eventhough this amdmt get approved for Philadelphia PBEC to finish all the labor within 6 month :) I'm not sure about dallas since Dallas PBEC already start processing 2005 application.
I kind a feel that would be a miracle eventhough this amdmt get approved for Philadelphia PBEC to finish all the labor within 6 month :) I'm not sure about dallas since Dallas PBEC already start processing 2005 application.
more...
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vsrinir
09-15 12:47 PM
I support this Idea. Let us see how it works.
I will Join in chat
Thanks
I will Join in chat
Thanks
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subba
02-27 06:57 AM
Just an update from my front, for the info of anyone else in a similar boat.
Consulate issued me a stamp to 4/30/2010.
I re-entered US. The officer at the Canadian airport issued me an I94 for 3 years from arrival date (instead of all the way to 4/30/2010). I am sure I will travel some other time in the next couple of years and I expect I will get an I94 all the way to 4/30/2010 when I enter back.
Here is my situation:
Currently on 7th year H1 extension which expires 4/30/2007 (7th year extension not stamped in passport).
Have another 3 year extension approval ie., 5/1/2007-4/30/2010.
Will be travelling to canada on Feb 22nd for visa stamping.
Few qns:
1) Will the consulate issue me a visa all they way to 4/30/2010?
If yes, will they issue two stamps in the passport one to 4/30/2007 and one to 4/30/2010, or just one stamp?
2) If they issue one all the way to 4/30/2010, I am assuming I can re-enter the country straightaway ie., the visa does not have an effective "begin" date of 5/1/2007.
Anyone have any experience with a similar situation?
Your help will be appreciated.
Consulate issued me a stamp to 4/30/2010.
I re-entered US. The officer at the Canadian airport issued me an I94 for 3 years from arrival date (instead of all the way to 4/30/2010). I am sure I will travel some other time in the next couple of years and I expect I will get an I94 all the way to 4/30/2010 when I enter back.
Here is my situation:
Currently on 7th year H1 extension which expires 4/30/2007 (7th year extension not stamped in passport).
Have another 3 year extension approval ie., 5/1/2007-4/30/2010.
Will be travelling to canada on Feb 22nd for visa stamping.
Few qns:
1) Will the consulate issue me a visa all they way to 4/30/2010?
If yes, will they issue two stamps in the passport one to 4/30/2007 and one to 4/30/2010, or just one stamp?
2) If they issue one all the way to 4/30/2010, I am assuming I can re-enter the country straightaway ie., the visa does not have an effective "begin" date of 5/1/2007.
Anyone have any experience with a similar situation?
Your help will be appreciated.
more...
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bhavingreat
09-22 10:10 AM
hi All,
I didn't find any topic on this so asking a question in a new thread.
I got my GC last month. My company has some problem and requested to take pay cut (50%) for next 3 months. Will this effect my Green Card. I came to know that I should get the salary mentioned in the file at-least for next 6 month after getting the GC. Is this true?
Please help me, I have to take decision ASAP.
Thank you in advance.
I didn't find any topic on this so asking a question in a new thread.
I got my GC last month. My company has some problem and requested to take pay cut (50%) for next 3 months. Will this effect my Green Card. I came to know that I should get the salary mentioned in the file at-least for next 6 month after getting the GC. Is this true?
Please help me, I have to take decision ASAP.
Thank you in advance.
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roseball
12-27 06:17 PM
I have a valid H-1B valid till 18th feb 2011 for employment with my previous employer. I had changed employment and now have I797C for the new employer valid till Nov 2011. I plan to go to India and be back in 1 week, my employer would issue me a leave approval letter. My present employer is a big hospital-non profit and I am a health professional.
Can some one tell if would need to get a new visa stamped if I come back by 15th January 2011. What documents should I carry. Should I talk to a lawyer before I leave. My mom is stable now but I am afraid If dont go now, I might not be able to gor a long time as I dont want to get re-stamping done.
Please advice
You do NOT need a new VISA stamp as long as you have a valid/unexpired VISA stamp from your previous employer. However, you should carry the original H1 approval along with recent paystubs and make sure to tell the officer that you have changed employers and show the IO the new approved I797C before he stamps and gives you the new I-94. If you do not show the approved I797C from the current employer, then you will be treated as working illegally for your new/current employer because the IO will issue you an I-94 with Old employer information filled in the system. Your new I-94 should be valid till the validity of your new I797C.
Can some one tell if would need to get a new visa stamped if I come back by 15th January 2011. What documents should I carry. Should I talk to a lawyer before I leave. My mom is stable now but I am afraid If dont go now, I might not be able to gor a long time as I dont want to get re-stamping done.
Please advice
You do NOT need a new VISA stamp as long as you have a valid/unexpired VISA stamp from your previous employer. However, you should carry the original H1 approval along with recent paystubs and make sure to tell the officer that you have changed employers and show the IO the new approved I797C before he stamps and gives you the new I-94. If you do not show the approved I797C from the current employer, then you will be treated as working illegally for your new/current employer because the IO will issue you an I-94 with Old employer information filled in the system. Your new I-94 should be valid till the validity of your new I797C.
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conchshell
08-07 12:03 PM
initially I was mad, becasue I remembered the revised July 2007 visa bulletin that came out declaring a reversal. Since NSC is going slow, I thought that DOS has once again pulled back on the dates. Later on I realized that its a mistake by the thread owner and got pissed off, and finally all I can do is laugh on the entire brohaha. Can't decide if we should give red dots OR green dots to the thread owner
Googler
07-18 10:13 PM
Hi Googler,
Please read 485 standard operating procedure along with uscismanual. uscis manual is the latest update/modify. If anyone know updates after september 2006, please post on this thread. Thanks -
Clockwork,
The SOP --i.e. the step by step procedure given here in your 485 Stand Proc file (http://immigrationvoice.org/forum/attachment.php?attachmentid=138&d=1184798238) is badly outdated -- for example there is no mention of these horrifying name checks, how they are initiated, how they follow up(what is described there is the old version of background checks, none of that applies any more; the service center information is outdated etc etc.)
I think your "uscismanual" file is captured in the current CIS AFM (see link in Andy Garcia's post above) but it is not a step by step SOP, again there is no mention of security checks etc. As far as I know there is no publicly available version of the current SOP.
I wanted to point this out in case people go away thinking the world is still operating as described in that badly outdated file.
Please read 485 standard operating procedure along with uscismanual. uscis manual is the latest update/modify. If anyone know updates after september 2006, please post on this thread. Thanks -
Clockwork,
The SOP --i.e. the step by step procedure given here in your 485 Stand Proc file (http://immigrationvoice.org/forum/attachment.php?attachmentid=138&d=1184798238) is badly outdated -- for example there is no mention of these horrifying name checks, how they are initiated, how they follow up(what is described there is the old version of background checks, none of that applies any more; the service center information is outdated etc etc.)
I think your "uscismanual" file is captured in the current CIS AFM (see link in Andy Garcia's post above) but it is not a step by step SOP, again there is no mention of security checks etc. As far as I know there is no publicly available version of the current SOP.
I wanted to point this out in case people go away thinking the world is still operating as described in that badly outdated file.
gcwait2007
07-04 05:44 PM
My EB-3 labor PD is 02/2007, my I-140 is stuck-up in NSC for more than one year now.
Considering the present trend, I decided to move on to EB-2. I pressurized my employer to file for another PERM for EB-2 which they are now reluctantly doing. Let me see what happens :rolleyes:
Considering the present trend, I decided to move on to EB-2. I pressurized my employer to file for another PERM for EB-2 which they are now reluctantly doing. Let me see what happens :rolleyes: