GLIX
02-23 07:37 AM
so how long did it take for them to approve your 485 from the time you had your fingerprinting done.
kondur_007
09-18 09:50 PM
My 140 is Approved from Company A.I haven't filed my 485 yet.
My H1 6 Yr period ends in Mar 2009.I am planning to move to company B and request a 3 yr extn based on my approved 140(with Company A).
My qn is what if company A cancels my 140?
If I get my 3yr H1 extn approved (before 140 cancellation) will my status be valid?
Thanks for your help.
I am not a lawyer, but this is what I can tell (as far as I know):
1. You will get 3 yrs extension of H1B for company B as long as your 140 is not revoked by employer A at the time of adjudication of H1B AND your PD is retrogressed.
2. If company A revokes 140 AFTER your H1B with company B is approved, this will not affect your H visa/status. what I dont know is: will this create any problems in getting a VISA stamped at the consulate in future or not.
3. Once your 140 is approved, PD is urs. No matter what happens to the original I 140, as long as you save a copy of approval notice, you can port the PD any time in future.
4. As you have not filed 485 yet, you are not eligible for AC21. So, once you go to company B (and company A is not ready to co-operate and/or revokes 140); you will have to start your GC process from scratch (new PERM and new 140). However, PD will be urs forever!
Good Luck.
My H1 6 Yr period ends in Mar 2009.I am planning to move to company B and request a 3 yr extn based on my approved 140(with Company A).
My qn is what if company A cancels my 140?
If I get my 3yr H1 extn approved (before 140 cancellation) will my status be valid?
Thanks for your help.
I am not a lawyer, but this is what I can tell (as far as I know):
1. You will get 3 yrs extension of H1B for company B as long as your 140 is not revoked by employer A at the time of adjudication of H1B AND your PD is retrogressed.
2. If company A revokes 140 AFTER your H1B with company B is approved, this will not affect your H visa/status. what I dont know is: will this create any problems in getting a VISA stamped at the consulate in future or not.
3. Once your 140 is approved, PD is urs. No matter what happens to the original I 140, as long as you save a copy of approval notice, you can port the PD any time in future.
4. As you have not filed 485 yet, you are not eligible for AC21. So, once you go to company B (and company A is not ready to co-operate and/or revokes 140); you will have to start your GC process from scratch (new PERM and new 140). However, PD will be urs forever!
Good Luck.
tinuverma
11-09 09:44 AM
Hello guys,
Firstly happy diwali to everyone at IV
Quick background:
H1-B valid till jan-2010
Application for GC filed on July 23rd 2007 (reached USCIS - DHL i think)
All checks encashed on oct 17th 2007
Received fingure printing notice on Nov 6th for both - wife and I
Received EAD for both nov 8th.
I work for a consulting company like many others here. This puts me in a spot, if I call the lawyer and ask for advise, he says he is representing my company and cannot answer certain questions. I cannot ask my consulting company for obvious reasons. Hence turning to you guys for help.
Now here is my question:
my priority date is sept 2005. With the dates above, when is it safest to change jobs? Also what is the reason my lawyer (or paralegal) indicated that it is better if I change jobs only after getting my green card?
When I asked if it is ok to travel on H1/H4 to India ...I was informed that it is better not to travel until all this is over. Is there something I am missing? Why is it not safe to travel while on EAD and yet to have the GC in hand?
Last and most imp, is there any on when I can hope to get the actual green card?(dont shout..i know most are still waiting for their receipt notice..but please understand..i am done with that and now want to know what's next).
Peace.
Thanks in advance.
Firstly happy diwali to everyone at IV
Quick background:
H1-B valid till jan-2010
Application for GC filed on July 23rd 2007 (reached USCIS - DHL i think)
All checks encashed on oct 17th 2007
Received fingure printing notice on Nov 6th for both - wife and I
Received EAD for both nov 8th.
I work for a consulting company like many others here. This puts me in a spot, if I call the lawyer and ask for advise, he says he is representing my company and cannot answer certain questions. I cannot ask my consulting company for obvious reasons. Hence turning to you guys for help.
Now here is my question:
my priority date is sept 2005. With the dates above, when is it safest to change jobs? Also what is the reason my lawyer (or paralegal) indicated that it is better if I change jobs only after getting my green card?
When I asked if it is ok to travel on H1/H4 to India ...I was informed that it is better not to travel until all this is over. Is there something I am missing? Why is it not safe to travel while on EAD and yet to have the GC in hand?
Last and most imp, is there any on when I can hope to get the actual green card?(dont shout..i know most are still waiting for their receipt notice..but please understand..i am done with that and now want to know what's next).
Peace.
Thanks in advance.
frostrated
10-22 02:28 PM
@KabAyegaMeraGc - question for you: if you were qualified for EB-2, why did you in first place filed for EB-3? Looking at your profile, you may would have been just about to get your GC if you would have been in EB-2 bucket. Just curious. Also, what is your lawyer's take on this whole porting thing?
there are many of us here that were qualified for EB2, but our employers wanted to file under EB3.
At the time of filing, everything was current, and therefore none of us objected much. It was later that everything came crashing down.
there are many of us here that were qualified for EB2, but our employers wanted to file under EB3.
At the time of filing, everything was current, and therefore none of us objected much. It was later that everything came crashing down.
more...
ajay
06-07 05:11 PM
Guys who get RFE should keep a close watch on the receipt of the notice within 10 days from RFE issue date, if you don't receive it make sure you call them and get the RFE faxed or resent, the deadline to RFE respond wont be extended no matter what you do, this is based on my personal experience.
I got an RFE on May15'09, till date i have not received it, i did manage to get the RFE contents faxed to me after waiting 15 days but the medical form is lost somewhere, i am still working on responding to the RFE before June14'09 deadline.
Thanks for the info. Please try to update the status of your RFE when it is done.
I got an RFE on May15'09, till date i have not received it, i did manage to get the RFE contents faxed to me after waiting 15 days but the medical form is lost somewhere, i am still working on responding to the RFE before June14'09 deadline.
Thanks for the info. Please try to update the status of your RFE when it is done.
Ruta
07-17 05:25 PM
D.After consulting with Citizenship and Immigration Services, the Visa Office advises readers that Visa Bulletin #107 (dated June 12) should be relied upon as the current July Visa Bulletin for purposes of determining Employment visa number availability, and that Visa Bulletin #108 (dated July 2) is hereby withdrawn.
Doesnt this clearly state we are eligible to apply? Visa Bulletin #107 is correct and # 108 is withdrawn??? I think E. states that from August they are uncertain how visa numbers will be allocated fo next month?
Doesnt this clearly state we are eligible to apply? Visa Bulletin #107 is correct and # 108 is withdrawn??? I think E. states that from August they are uncertain how visa numbers will be allocated fo next month?
more...
barun1978
10-29 09:19 PM
I had my stamping this week in chennai for H1-B (7th year). I work for a reputed company and direct employee with no clients etc... This was my second stamping at this consulate, they asked for I-129 (which was perfect with all the docs provided to USCIS by the attorney) , W2 and employee verification letter. The consular was specifically trying to determine whether there was any vendor or client ,once she determined there was not any the visa was approved and got my passport in 3 days. But i noticed a lot of ppl had tough time if they were working as contractors.
PS : the photos taken at costco are rejected by VFS, better is to get a PPhoto in india or at the consular office. This will save the last minute hassle.
PS : the photos taken at costco are rejected by VFS, better is to get a PPhoto in india or at the consular office. This will save the last minute hassle.
looivy
10-06 02:07 AM
Hi IV Team,
Excellent job building up this team of notable advisors.
Thanks.
Excellent job building up this team of notable advisors.
Thanks.
more...
a_yaja
06-18 05:24 PM
Here is my situation:
I-140 approved and about to file 485.
Employer says he can file only 485 and no EAD for me. But he can file EAD/AP for my wife.
Can I file EAD/AP for me separately on my own? What are the consequences from my employer if I quit after six months of applying 485 (by that time I would've got my EAD/AP)? Can he reject my 140 and/or 485?
You can apply for EAD at anytime. All you will need is a copy of your I-485 AOS receipt (which I think USCIS will send to you, but I am not sure).
After 6 months (180 days to be exact), your employer cannot revoke I-140 (and hence I-485) if you invoke AC21.
I-140 approved and about to file 485.
Employer says he can file only 485 and no EAD for me. But he can file EAD/AP for my wife.
Can I file EAD/AP for me separately on my own? What are the consequences from my employer if I quit after six months of applying 485 (by that time I would've got my EAD/AP)? Can he reject my 140 and/or 485?
You can apply for EAD at anytime. All you will need is a copy of your I-485 AOS receipt (which I think USCIS will send to you, but I am not sure).
After 6 months (180 days to be exact), your employer cannot revoke I-140 (and hence I-485) if you invoke AC21.
hazishak
10-20 10:37 AM
Mine was around the same time. Not even a LUD. Processing time is hopeless.
more...
abc
11-07 12:43 AM
http://immigrationindia.nic.in/registration_requirements.htm
pappu
09-01 10:06 AM
Yes, you must get another letter from company A, HR or some big official with all dates.
Plus get any proof you can get that proves you were employed. (affidevits, paystubs, tax W2s ...). Everything will count.
And select a good lawyer. Read IV spotlight topic on it.
Ability to pay and RFEs used to be my favorite subject few years ago :)
Plus get any proof you can get that proves you were employed. (affidevits, paystubs, tax W2s ...). Everything will count.
And select a good lawyer. Read IV spotlight topic on it.
Ability to pay and RFEs used to be my favorite subject few years ago :)
more...
x1050us
06-25 09:29 PM
My H4 spouse left the country for vacation on May 25 (before h4 expiry)
Attorney filed 7th year ext and I 539 on Jun14.
My 6th year of H1 ended on Jun 17.
The attorney was not reachable by HR or myself. HR calls me today about problem with H4 and the attorney wants to discuss. What the heck ? Do they file I-539 when some one is not in the country ? She and I always maintained proper status. What can be the problem? I am freaking out to get my h1 ext approval asap and bring her back to file 485. Now my head is exploding. Any clues ? I cant bear this suspense.
Attorney filed 7th year ext and I 539 on Jun14.
My 6th year of H1 ended on Jun 17.
The attorney was not reachable by HR or myself. HR calls me today about problem with H4 and the attorney wants to discuss. What the heck ? Do they file I-539 when some one is not in the country ? She and I always maintained proper status. What can be the problem? I am freaking out to get my h1 ext approval asap and bring her back to file 485. Now my head is exploding. Any clues ? I cant bear this suspense.
sapota
10-18 06:03 PM
Thats not true.. A few days back I read on IV forum itself that around 10K were wasted this year too.
Was it reported from AILA or ombudsman or someone making prediction? A few days ago, USCIS issued a report saying that they approved 60k GCs due to the July fiasco. That should cover all available visa numbers for FY 2007.
From Oh law breaking news :
10/17/2007: Total of 60,000+ EB-485 Applications Adjudicated During July-August-September by NSC and TSC
* AILA has reported that during the period of July, August, and September 2007, Nebraska Service Center and Texas Service Center adjudicated 60,000 plus EB-485 applications. Since EB visa number was unavailable for the entire EB cases in August, presumedly a substantial portion of these cases could include those cases for which the EB visa numbers were pull out before July 2, 2007 in June and adjudicated throughout the period as reported by some I-485 applicants who reported that their I-485 applications were approved when the visa number was unavailable. Interesting.
Was it reported from AILA or ombudsman or someone making prediction? A few days ago, USCIS issued a report saying that they approved 60k GCs due to the July fiasco. That should cover all available visa numbers for FY 2007.
From Oh law breaking news :
10/17/2007: Total of 60,000+ EB-485 Applications Adjudicated During July-August-September by NSC and TSC
* AILA has reported that during the period of July, August, and September 2007, Nebraska Service Center and Texas Service Center adjudicated 60,000 plus EB-485 applications. Since EB visa number was unavailable for the entire EB cases in August, presumedly a substantial portion of these cases could include those cases for which the EB visa numbers were pull out before July 2, 2007 in June and adjudicated throughout the period as reported by some I-485 applicants who reported that their I-485 applications were approved when the visa number was unavailable. Interesting.
more...
OLDMONK
09-16 12:29 AM
Same situation here. As per my lawyer (good lawyer can be trusted but could be ill informed) If my wife doesn't join the employer there is no status change. No need to file any reinstatement from H4 to H1. And I have reconfirmed this a couple of times now.
If you hear anything different from a legit source please do let me know.
Other relevant details in my case is that my wife's ead/ap application was filed on 2nd July. and She is under Adjustment of Status (485) as a derivative. On a second thought, I am not sure if this is the same case as yours.
If you hear anything different from a legit source please do let me know.
Other relevant details in my case is that my wife's ead/ap application was filed on 2nd July. and She is under Adjustment of Status (485) as a derivative. On a second thought, I am not sure if this is the same case as yours.
cchaitu
07-24 04:34 PM
Hi,
If I have a permanent offer after 180 days of Receipt date (I 485)...
Is this offer should be in the same location (state) where my labor got filed ???
Please advice...
Thanks
Please Advice
If I have a permanent offer after 180 days of Receipt date (I 485)...
Is this offer should be in the same location (state) where my labor got filed ???
Please advice...
Thanks
Please Advice
more...
minimalist
08-18 04:09 PM
Thanks for the reponse imm_pro and kopra.
Hi Kopra,
My wife will be returing beack from india in mid october :(...
If she uses her H4 Visa stamp to enter , will have to file H4 to H1 Chane of status to be able to work on H1.
Hi Kopra,
My wife will be returing beack from india in mid october :(...
If she uses her H4 Visa stamp to enter , will have to file H4 to H1 Chane of status to be able to work on H1.
dilbert_cal
10-31 06:59 PM
To answer your questions (assuming you filed I-1485 with A - since you mention using EAD).
1. Is employer A going to withdraw the approved I-140? If yes, then you will run into some issues with the way things are going now. But you should be able to fight back (MTR etc) in the worst case. If A is not withdrawing I-140, then less problem.
Once 140 is revoked and 485 is denied as well, you will not be able to work anymore. You are planning to use EAD - your EAD is invalid the day your 485 is denied. By filing MTR, you may be able to get it back on track but until then you cannot work. Its upto you to decide whether you want to take this risk or not.
2. Is Company B, that promises to employ you after GC, can they give any written statement? Here in US it is _at-will_ employment. So, you might have tough time proving it.
Even with a written statement, there is no guarantee they will hire you when you have your GC - and anyways this doesnt real mean anything w.r.t. his GC process.
3. Another problem is, before they adjudicate your I-485, they might issue an RFE to check if you're still employed in same or similar position. And employment with Company C will not satisfy this requirement.
Perfectly said. If you are using ac-21 , your new job has to be same/similar to the job filed for GC. Job with C is not same/similar. If you have a RFE ( high chances when you file AC21 based on anecdotal evidence ) , you will be in trouble.
Now, I am not sure if any documents from company B will establish the fact that you will be working in same/similar occupation. You should better consult with an Immigration Attorney and better yet retain them for future.
Overall, not knowing what is the reason you want the change, etc. it is difficult to advise you one way or the other - but its pretty clear that the risks can be pretty high in this particular case.
1. Is employer A going to withdraw the approved I-140? If yes, then you will run into some issues with the way things are going now. But you should be able to fight back (MTR etc) in the worst case. If A is not withdrawing I-140, then less problem.
Once 140 is revoked and 485 is denied as well, you will not be able to work anymore. You are planning to use EAD - your EAD is invalid the day your 485 is denied. By filing MTR, you may be able to get it back on track but until then you cannot work. Its upto you to decide whether you want to take this risk or not.
2. Is Company B, that promises to employ you after GC, can they give any written statement? Here in US it is _at-will_ employment. So, you might have tough time proving it.
Even with a written statement, there is no guarantee they will hire you when you have your GC - and anyways this doesnt real mean anything w.r.t. his GC process.
3. Another problem is, before they adjudicate your I-485, they might issue an RFE to check if you're still employed in same or similar position. And employment with Company C will not satisfy this requirement.
Perfectly said. If you are using ac-21 , your new job has to be same/similar to the job filed for GC. Job with C is not same/similar. If you have a RFE ( high chances when you file AC21 based on anecdotal evidence ) , you will be in trouble.
Now, I am not sure if any documents from company B will establish the fact that you will be working in same/similar occupation. You should better consult with an Immigration Attorney and better yet retain them for future.
Overall, not knowing what is the reason you want the change, etc. it is difficult to advise you one way or the other - but its pretty clear that the risks can be pretty high in this particular case.
kaisersose
05-01 09:44 AM
I just got my Labor approved (PD - 2/22/2008) . Attorneys are working on filing I-140.
1. Shall I wait for I-140 PP to re-instate or go ahead with normal processing?
2. Is there 'ANY' chance that my PD will be current before I get I-140 approval when filed through normal processing?
Thanks,
Ag
1. Go ahead with normal. it can be bumped up to PP whenever PP is reinstated by paying $$$. You will save time this way, if PP is not reinstated until the time your 140 is normally processed.
2. Highly unlikely. However, if it does, you can still apply for 485 even if your 140 is pending. I read somewhere that CIS will remove 140/485 concurrent processing in future, but I have no idea about this.
1. Shall I wait for I-140 PP to re-instate or go ahead with normal processing?
2. Is there 'ANY' chance that my PD will be current before I get I-140 approval when filed through normal processing?
Thanks,
Ag
1. Go ahead with normal. it can be bumped up to PP whenever PP is reinstated by paying $$$. You will save time this way, if PP is not reinstated until the time your 140 is normally processed.
2. Highly unlikely. However, if it does, you can still apply for 485 even if your 140 is pending. I read somewhere that CIS will remove 140/485 concurrent processing in future, but I have no idea about this.
franklin
04-03 07:05 PM
On the Agenda:-
Meeting the lawmakers - who, how and when?
pm or email me at tamsen(at)gmail.com me for conference call number and bridge number
Meeting the lawmakers - who, how and when?
pm or email me at tamsen(at)gmail.com me for conference call number and bridge number
Ann Ruben
10-24 11:08 AM
While there is no requirement that experience letters use language identical to language used in the PERM application, substantive inconsistencies can be a problem. If the PERM appication requires experience in XYZ technology, then the experience letter must mention XYZ technology. If, on the other hand, the PERM application simply requires experience as a systems analyst, then it doesn't matter whether XYZ technology is mentioned in the experience letter.
So, to determine whether your experience letters are adequate, you should first review Section H
of the PERM application and make a list of the employer's stated requirements. Next, compare that list to the content of your experience letters. If the letters do not clearly and explicitly cover everything on the list, note exactly what skill, knowledge or experience is missing.
Then, assuming your prior employers are not willing to amend the letters already provided, identify others (colleagues, co-workers, clients) with actual knowledge of your work and request notarized statements from them to supplement the letters you already have. In addition, if you completed academic or technical course work related to the missing skill or technology, obtain letters from the professors or instructors and/or course descriptions + your transcripts/certificates.
This basic analysis becomes more complicated if, in addition to documenting prior experience, you are seeking EB2 classification based on "five years of progressively responsible experience". In that situation, not only must the letters document that you possess specific skills, knowledge and experience, they must also document the progressive trajectory of your career.
A FINAL NOTE: If at all possible, experience letters and related documents should be obtained and provided to the employer/lawyer PRIOR TO preparing and filing the PERM application.
So, to determine whether your experience letters are adequate, you should first review Section H
of the PERM application and make a list of the employer's stated requirements. Next, compare that list to the content of your experience letters. If the letters do not clearly and explicitly cover everything on the list, note exactly what skill, knowledge or experience is missing.
Then, assuming your prior employers are not willing to amend the letters already provided, identify others (colleagues, co-workers, clients) with actual knowledge of your work and request notarized statements from them to supplement the letters you already have. In addition, if you completed academic or technical course work related to the missing skill or technology, obtain letters from the professors or instructors and/or course descriptions + your transcripts/certificates.
This basic analysis becomes more complicated if, in addition to documenting prior experience, you are seeking EB2 classification based on "five years of progressively responsible experience". In that situation, not only must the letters document that you possess specific skills, knowledge and experience, they must also document the progressive trajectory of your career.
A FINAL NOTE: If at all possible, experience letters and related documents should be obtained and provided to the employer/lawyer PRIOR TO preparing and filing the PERM application.
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