baleraosreedhar
02-06 12:08 PM
Hi All,
I have received a information regarding my EB2 (PD Jan 15 2005)Approval from my old company( Here all the fees are being met by me).I had left that company last year trying to pursue my carrier.
New company has given me an approved labour for EB3 OCt 2004 and I140 is approved.
I would like to know from experinced guys , as to what should I be doing, should I resign from new company and join back the old one?
As GC is for future employment, can i apply for I140 throgh my old company and join them back in I485 Stage?
When can we expect EB2 PD of Jan 2005 to be current.
I would appreciate your responses.
Thanks
Sreedhar
I have received a information regarding my EB2 (PD Jan 15 2005)Approval from my old company( Here all the fees are being met by me).I had left that company last year trying to pursue my carrier.
New company has given me an approved labour for EB3 OCt 2004 and I140 is approved.
I would like to know from experinced guys , as to what should I be doing, should I resign from new company and join back the old one?
As GC is for future employment, can i apply for I140 throgh my old company and join them back in I485 Stage?
When can we expect EB2 PD of Jan 2005 to be current.
I would appreciate your responses.
Thanks
Sreedhar
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srini1976
07-09 01:21 PM
What is your PD & EB Category please?
ben212_76
01-18 01:30 PM
Well I have LIN# and approval notice of I-140.
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dskhabra
03-18 09:48 PM
This looks more than enough...I only send copy of 485 receipt and 2 photos and got the renewal done at least 3 -4 times...
more...
InTheMoment
06-19 03:07 PM
See below
Hi,
I am planning to do concurrent filing on my PERM LC.
1. When will I get my AP/EAD? Will I get it only after I-140 is approved or I-140 approval does not matter?
I-140 approval not necessary.
2. Can I do premium processing on my I-140 in the concurrent filing?
Yes, absolutely!
3. Does premium processing available if another I-140 is already pending based on my LC Sub?
No, you cannot file another I-140 in PPS when another is already pending as per USCIS premium processing conditions.
Please reply.
Thanks
Hi,
I am planning to do concurrent filing on my PERM LC.
1. When will I get my AP/EAD? Will I get it only after I-140 is approved or I-140 approval does not matter?
I-140 approval not necessary.
2. Can I do premium processing on my I-140 in the concurrent filing?
Yes, absolutely!
3. Does premium processing available if another I-140 is already pending based on my LC Sub?
No, you cannot file another I-140 in PPS when another is already pending as per USCIS premium processing conditions.
Please reply.
Thanks
rayoflight
02-06 09:39 PM
Wait there is one more thing he needs to check if it single entry or multiple entry.
Entries: S (Single) or M (Multiple)
Since its a 10 Yr Visa it would be a M entry but no harm in double checking it right.
Entries: S (Single) or M (Multiple)
Since its a 10 Yr Visa it would be a M entry but no harm in double checking it right.
more...
pvpb
10-18 11:29 AM
My case was filed at NSC on august 3rd...transferred to VSC and the 485 was transferred to TSC evn though my 140 is fro NSC...donno the logic behind it though
Hi
I m starting a new thread for people whose 485 packets sent to VSC for receipting and returned back to TSC for 485 adjudication
EB3
PD 10/04
RD 08/03
ND 10/12
I-140 filed @ TSC, I-485 sent to TSC. Checks cashed from VSC and I-485 returned back to TSC
I-765, I-131, FP are pending.
Hi
I m starting a new thread for people whose 485 packets sent to VSC for receipting and returned back to TSC for 485 adjudication
EB3
PD 10/04
RD 08/03
ND 10/12
I-140 filed @ TSC, I-485 sent to TSC. Checks cashed from VSC and I-485 returned back to TSC
I-765, I-131, FP are pending.
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piyu7444
05-05 11:27 PM
Employer can revoke 140 but as 180 days have passed you will have to demonstrate to USCIS that your 140 would have been approved with the new company if it was filed. That is somewhat not very straightforward so my suggestion is that you should take your employer in confidence so that 140 is not revoked......
AC21 - Job title can be different but job duties have to be similar. Similar duties are a MUST to avoid any issues with AOS.......also you dont have to inform USCIS that you changed your employer........there are pros and cons of it but what I have seen is that most people do not infrom USCIS......when USCIS comes to a point that they will adjust your status they might check with you if you are working with same employer and issue a RFE which you can respond to easily with the help of an attorney (just hv to make sure that job duties are similar and the new employer will issue you a letter which will prove it)
Make sure that you talk to HR and your manager if you take up a new job to acertain that job duties match, run both job descriptions by your attorney......better to take precaution than to be sorry.
AC21 - Job title can be different but job duties have to be similar. Similar duties are a MUST to avoid any issues with AOS.......also you dont have to inform USCIS that you changed your employer........there are pros and cons of it but what I have seen is that most people do not infrom USCIS......when USCIS comes to a point that they will adjust your status they might check with you if you are working with same employer and issue a RFE which you can respond to easily with the help of an attorney (just hv to make sure that job duties are similar and the new employer will issue you a letter which will prove it)
Make sure that you talk to HR and your manager if you take up a new job to acertain that job duties match, run both job descriptions by your attorney......better to take precaution than to be sorry.
more...
theshiningsun
06-30 11:12 AM
i live in Dublin OH.
i am planning to meet the senators after 4th of july w.r.t the IV action item at http://immigrationvoice.org/forum/news-articles-reports/97274-grim-future-awaits-legal-immigrants-pull-up-your-socks.html
i want to try and get ppl around to this.
does the OH state chapter hv any plans to take this up?
thx in advance,
i am planning to meet the senators after 4th of july w.r.t the IV action item at http://immigrationvoice.org/forum/news-articles-reports/97274-grim-future-awaits-legal-immigrants-pull-up-your-socks.html
i want to try and get ppl around to this.
does the OH state chapter hv any plans to take this up?
thx in advance,
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perm2gc
06-14 05:59 PM
Hi All,
My previous I-140 was denied due to the ability to pay issue since company was in loss and Idid not get prevailing wage since PD.I have appealed it hoping I can extend my h1 beyond 6th year.Is it true?
Also, Now we have pre approved labor with lower in same company where I can satisfy by showing W-2 to prove the ability to pay. Now If I am planning to apply another I-140 with labor sub,
would it matter to the new I-140 appllication if the previous I-140 was denied and is being currently appealed? Because in the I-140 form there is a question ,
"Has any Immigrant visa petition been filed by or on this person?"
Should I say "YES", Right? and also give the detail of previous filing????
Also How does USCIS verify the W2?BY contacting the IRS or ?
Please suggest?
Thanks
You have to give them detailed information.if you don't still they pull up your records.
IRS database can be accessed by USCIS under homeland security rule to verify any information regarding an individual.
My previous I-140 was denied due to the ability to pay issue since company was in loss and Idid not get prevailing wage since PD.I have appealed it hoping I can extend my h1 beyond 6th year.Is it true?
Also, Now we have pre approved labor with lower in same company where I can satisfy by showing W-2 to prove the ability to pay. Now If I am planning to apply another I-140 with labor sub,
would it matter to the new I-140 appllication if the previous I-140 was denied and is being currently appealed? Because in the I-140 form there is a question ,
"Has any Immigrant visa petition been filed by or on this person?"
Should I say "YES", Right? and also give the detail of previous filing????
Also How does USCIS verify the W2?BY contacting the IRS or ?
Please suggest?
Thanks
You have to give them detailed information.if you don't still they pull up your records.
IRS database can be accessed by USCIS under homeland security rule to verify any information regarding an individual.
more...
asanghi
12-15 01:52 PM
Has anybody recently applied to change visa status from H4 to F1? I want to know, how much time USCIS is currently taking to process F1
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looneytunezez
11-02 12:19 PM
Thanks...but i agree with your paralegal friend.......there is no logic to it all.
logic and law are not usually on "friendly" terms....
i guess the argument is that one who hasn't filed, cannot be counted.... and you cannot file until you are current.... so no backlog exists .... so non-filers (due to PD) do not exist and hence there is no "official" classification for them i guess.
I know what looneytunezez says is logical, however, a friend of mine who is a paralegal in a big immigration law firm says otherwise (something similar to what blacktongue says) - don't know what to make of it, hence the post..
logic and law are not usually on "friendly" terms....
i guess the argument is that one who hasn't filed, cannot be counted.... and you cannot file until you are current.... so no backlog exists .... so non-filers (due to PD) do not exist and hence there is no "official" classification for them i guess.
I know what looneytunezez says is logical, however, a friend of mine who is a paralegal in a big immigration law firm says otherwise (something similar to what blacktongue says) - don't know what to make of it, hence the post..
more...
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DSP
09-19 12:46 PM
Hi All,
Please help me on this. Here is the situation:
1. Company A First time H1B - Oct 1, 2004
2. Company B transfer - Jan 22, 2006
3. My current visa is expiring on Jan 22, 2009, but after Jan 22, 2009, I still have till Oct 1, 2010 to complete my 6 years of H1B.
4. Now, my wife who is on H-4 is currently in India on vacation, since she is not in US, her H-4 extension cannot be filed.
My question is, can I file my H-1 extension and go to India and get both of our visas stamped based on my extension? Or does my wife need to come back on her currently valid visa and file for her own H-4 extension?
Please advise and pardon me for my ignorance on this.
Thanks in advance,
DSP
Please help me on this. Here is the situation:
1. Company A First time H1B - Oct 1, 2004
2. Company B transfer - Jan 22, 2006
3. My current visa is expiring on Jan 22, 2009, but after Jan 22, 2009, I still have till Oct 1, 2010 to complete my 6 years of H1B.
4. Now, my wife who is on H-4 is currently in India on vacation, since she is not in US, her H-4 extension cannot be filed.
My question is, can I file my H-1 extension and go to India and get both of our visas stamped based on my extension? Or does my wife need to come back on her currently valid visa and file for her own H-4 extension?
Please advise and pardon me for my ignorance on this.
Thanks in advance,
DSP
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JunRN
08-10 06:34 PM
I am waiting too...it may come on Monday instead and so is the 'U' in the Visa Bulletin.
more...
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indian
12-14 12:08 PM
May be IV code is already aware and working on this. I think with the nuke deal out of the way, we now have a window of opportunity - may be Q1/Q2 2007 - during which we can try to get USINPAC, India caucus etc. to listen to us and hopefully actually do something.
Once the so called "123 agreement" is finalized and reaches congress for approval, we would again be shut out of any help from USINPAC and others.
Once the so called "123 agreement" is finalized and reaches congress for approval, we would again be shut out of any help from USINPAC and others.
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GTGC
05-05 03:49 PM
Dano and Sledge_hammer,
I am also looking for attorneys in the DC metro area to help me with AC-21 questions/process. I was looking at the obvious choices Rajiv Khanna and Murthy - but if you have any other suggestions it would be helpful.
Thanks....
I am also looking for attorneys in the DC metro area to help me with AC-21 questions/process. I was looking at the obvious choices Rajiv Khanna and Murthy - but if you have any other suggestions it would be helpful.
Thanks....
more...
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pom
10-09 06:07 PM
Originally posted by eilsoe
why not? Seems out of place. Everything is vaporous and this is just too solid :P
why not? Seems out of place. Everything is vaporous and this is just too solid :P
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dassumi
03-02 04:54 PM
I will be remoting in from a different state. My employer would not file a new labor condition application which is required.
That makes sense. From your company's perspective (book keeping), this is like a new hire right? I don't see an issue at all with using your EAD (invoking AC21). One thing you may want to check is if being on contract vs. full time has any detrimental effect on the G.C. application. I personally dont think that there will be, as many of us are on contract with an employer
I would consult an attorney, let me know if you need one and I can get you in touch with mine.
That makes sense. From your company's perspective (book keeping), this is like a new hire right? I don't see an issue at all with using your EAD (invoking AC21). One thing you may want to check is if being on contract vs. full time has any detrimental effect on the G.C. application. I personally dont think that there will be, as many of us are on contract with an employer
I would consult an attorney, let me know if you need one and I can get you in touch with mine.
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Blog Feeds
11-08 03:30 PM
Delaware Immigration Lawyer Blog Has Just Posted the Following:
The EB-5 Immigrant Investors Program is recently extended to September 30, 2012. The statutory requiments of the EB-5 visa are burdensom. Approximately only about 1,000 people a year have immigrated in this category -- just one-tenth of the visa available.
For the regular program, the enterprise must (1) be one in which the person has invested at least $1 million (or at least $500,000 if investing in a targeted employment area), (2) benefit the U.S. economy and (3) create full-time employment for at least 10 U.S. workers.
A business can be used for employment-creation classification by more than one investor, provide that each investor has invested the required amount and the creation of 10 full-time jobs may be attributable to each investor.
The investor is required to enter the U.S. to engage in a new commercial enterprise, i.e., the investor must maintain more than a purely passive role in the new enterprise, and he or she must either be involved in the day-to-day managerial control of the commercial enterprise or manage it through policy formulation.
USCIS does not require retention of employees until a reasonalbe time after conditional visa is issued. Normally, a comprehensive business plan supporting the need for 10 employees within the next two years is acceptable.
The procedure to apply begins with submitting initial evidence with an I-526 petition. If the I-526 petition is approved, the investor becomes a conditional resident for two years. After the two years, the investor has to file an I-829 to remove the condition. It must be accompanied by evidence that the individual has invested or was in the process of investing the required captial, and the investment has created 10 full-time jobs.https://blogger.googleusercontent.com/tracker/1142140030762969806-6519671685318254492?l=deimmigration.blogspot.com
More... (http://deimmigration.blogspot.com/2009/11/eb-5-immigrant-investors.html)
The EB-5 Immigrant Investors Program is recently extended to September 30, 2012. The statutory requiments of the EB-5 visa are burdensom. Approximately only about 1,000 people a year have immigrated in this category -- just one-tenth of the visa available.
For the regular program, the enterprise must (1) be one in which the person has invested at least $1 million (or at least $500,000 if investing in a targeted employment area), (2) benefit the U.S. economy and (3) create full-time employment for at least 10 U.S. workers.
A business can be used for employment-creation classification by more than one investor, provide that each investor has invested the required amount and the creation of 10 full-time jobs may be attributable to each investor.
The investor is required to enter the U.S. to engage in a new commercial enterprise, i.e., the investor must maintain more than a purely passive role in the new enterprise, and he or she must either be involved in the day-to-day managerial control of the commercial enterprise or manage it through policy formulation.
USCIS does not require retention of employees until a reasonalbe time after conditional visa is issued. Normally, a comprehensive business plan supporting the need for 10 employees within the next two years is acceptable.
The procedure to apply begins with submitting initial evidence with an I-526 petition. If the I-526 petition is approved, the investor becomes a conditional resident for two years. After the two years, the investor has to file an I-829 to remove the condition. It must be accompanied by evidence that the individual has invested or was in the process of investing the required captial, and the investment has created 10 full-time jobs.https://blogger.googleusercontent.com/tracker/1142140030762969806-6519671685318254492?l=deimmigration.blogspot.com
More... (http://deimmigration.blogspot.com/2009/11/eb-5-immigrant-investors.html)
sk.aggarwal
02-28 10:37 AM
I am not sure about the answer. It depends on how close you are to finding the new position. Once you find a new position, speak with attorney for new company. In worst case can always do H1 extension in premium. If I were you, I would just have a hard dead line of say April end. If I dont find a new job by then, would just file for extension in premium.
toosunneo
01-31 01:18 PM
I would appreciate if someone could answer the following question. Before I ask my question, below is a brief background:
- H-1b Date Started: October 2005
- Current H-1b expiration: August 2010 (when I switched my last job in August 2007, they extended for 3 years)
- Date of filing labor: January 10, 2010
- Time outside US on H-1b: about 90 days.
My attorney at work said that I would still need approximately another two months (comfortably) of time outside of the US that they can recapture. This extension would take me into late January 2011, more than one year past the point of the PERM filing. They can, at that point, apply for a 'seventh year' H-1B extension based on my PERM process having been pending for more than one year.
Here is my question. Since I am currently in my fifth year of my h-1b, would it be possible now to apply for the sixth year of h-1b visa until October 2011 instead of looking at seventh year? I started my h-1b in October 2005. Therefore, I have until six years before my h-1b visa can expire, is that correct? If this is not correct, I would appreciate if anyone has any other suggestions to avoid travelling for 2 months out of US prior to July 2010.
Thank you.
- H-1b Date Started: October 2005
- Current H-1b expiration: August 2010 (when I switched my last job in August 2007, they extended for 3 years)
- Date of filing labor: January 10, 2010
- Time outside US on H-1b: about 90 days.
My attorney at work said that I would still need approximately another two months (comfortably) of time outside of the US that they can recapture. This extension would take me into late January 2011, more than one year past the point of the PERM filing. They can, at that point, apply for a 'seventh year' H-1B extension based on my PERM process having been pending for more than one year.
Here is my question. Since I am currently in my fifth year of my h-1b, would it be possible now to apply for the sixth year of h-1b visa until October 2011 instead of looking at seventh year? I started my h-1b in October 2005. Therefore, I have until six years before my h-1b visa can expire, is that correct? If this is not correct, I would appreciate if anyone has any other suggestions to avoid travelling for 2 months out of US prior to July 2010.
Thank you.
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