vempati
09-12 05:53 PM
Submitted on July 2 nd received by R. Mickels and case transfer to TSC.
EB 2 PD Nov 2005
I140 Approved May 2006
EAD : Cards mailed on Sept 5th and Approved on Sept 10th
FP Sept 24th
EB 2 PD Nov 2005
I140 Approved May 2006
EAD : Cards mailed on Sept 5th and Approved on Sept 10th
FP Sept 24th
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logiclife
02-19 11:42 AM
I have been thinking about choosing between EB3 and EB2. I hold a Masters degree from US and have 2 yrs of experience. I am wondering whether to go in EB3 (which is very simple and easy to get with no scrutiny - SURE TO GET APPROVED) and wait for a very long time in the queue OR go for EB2 (which is more difficult and have to pass through all the scrutiny from I-140) and then wait, whose waiting time might be lesser than EB3's
Which one is best to do ? Your suggestions please.
This is a wrong conventional belief. It has been far too many times written about and has now become conventional wisdom, that EB2 or EB1 is determined by the qualification of the employee.
That is only 1 of the 2 things needed to get a case approved under EB2. The other requirement is that the job description and the position must require a person of EB2 qualifications. The position being filled by MS plus 2 years, or BS plus 5 years should be the kind of position that cannot be filled by a lesser qualified employee.
So basically, you can be a Ph.D. from Harvard university with 10 years experience. But if your Greencard is filed for a job that requires someone with BS plus 2 years experience and can be filled by an EB3 candidate, then your case cannot be approved as EB2 even though your qualifications can make you fit for EB2.
Now about the priority dates. See EB2 is right now ahead of EB3. However, the continuation of that is totally dependent on many factors.
1. Future laws. What if EB2 percentages decrease?
2. EB1 spillover. How many EB1s are unused and spill over into EB2.
3. Your chargability, (country of birth), is ofcourse important. India and China EB2 may not be moving ahead this year AT ALL unless there is change in quota.
4. The future applicants for EB2. We dont know about the labor files in backlog centers and how many of those are EB2 and how many are EB3. Of that, how much more crowded would be EB2 or EB3.
It is IMPOSSIBLE to predict which one would be better off. Impossible.
Which one is best to do ? Your suggestions please.
This is a wrong conventional belief. It has been far too many times written about and has now become conventional wisdom, that EB2 or EB1 is determined by the qualification of the employee.
That is only 1 of the 2 things needed to get a case approved under EB2. The other requirement is that the job description and the position must require a person of EB2 qualifications. The position being filled by MS plus 2 years, or BS plus 5 years should be the kind of position that cannot be filled by a lesser qualified employee.
So basically, you can be a Ph.D. from Harvard university with 10 years experience. But if your Greencard is filed for a job that requires someone with BS plus 2 years experience and can be filled by an EB3 candidate, then your case cannot be approved as EB2 even though your qualifications can make you fit for EB2.
Now about the priority dates. See EB2 is right now ahead of EB3. However, the continuation of that is totally dependent on many factors.
1. Future laws. What if EB2 percentages decrease?
2. EB1 spillover. How many EB1s are unused and spill over into EB2.
3. Your chargability, (country of birth), is ofcourse important. India and China EB2 may not be moving ahead this year AT ALL unless there is change in quota.
4. The future applicants for EB2. We dont know about the labor files in backlog centers and how many of those are EB2 and how many are EB3. Of that, how much more crowded would be EB2 or EB3.
It is IMPOSSIBLE to predict which one would be better off. Impossible.
munnu77
08-04 10:45 AM
good story
2011 Hummer+h1+alpha+
gmpa
01-17 01:20 PM
My H1 and family's H4 non-premium extensions were applied on 10/12/07 and approved from Vermont last week on 1/10/08. Approvals not yet physically received. These extensions were on the basis of approved I-140 and retrogressed EB-3 PD.
more...
gc_chahiye
11-29 04:38 PM
Hello Gurus,
I got an RFE email yesterday for "additional evidence and/or information" for my pending I-485 (filed Jan 05 for Jun03PD, approved I-140). Hope to get the RFE letter by next week. I am hoping that the RFE is for the usual EVL/pay-stubs/tax-returns/ question.
Meanwhile I have travel plans starting Dec 13th. So want to get the answers/requested documents to the attorney before I leave. Since my status is still AOS(pending I-485) and I have a valid AP, I am assuming there should be a problem at the POE ? what you guys think?
thanks.
Yes, you can re-enter on AP even if your 485 gets approved in your absence. Carry your AP, 485 receipt copy etc with you.
Only potential for trouble is if your 485 gets denied for some reason. Then the only way to re-enter would be some visa...
I got an RFE email yesterday for "additional evidence and/or information" for my pending I-485 (filed Jan 05 for Jun03PD, approved I-140). Hope to get the RFE letter by next week. I am hoping that the RFE is for the usual EVL/pay-stubs/tax-returns/ question.
Meanwhile I have travel plans starting Dec 13th. So want to get the answers/requested documents to the attorney before I leave. Since my status is still AOS(pending I-485) and I have a valid AP, I am assuming there should be a problem at the POE ? what you guys think?
thanks.
Yes, you can re-enter on AP even if your 485 gets approved in your absence. Carry your AP, 485 receipt copy etc with you.
Only potential for trouble is if your 485 gets denied for some reason. Then the only way to re-enter would be some visa...
sapking
07-18 01:41 AM
Consult with experienced immigration attorney.
more...
bigboy007
02-12 05:50 PM
I have asked more than a couple of friends to join IV today and contribute to their efforts. Still snail mail is the best way to send letters or else IV could have already mentioned about Faxes where the same can be achieved in minutes.
I guess most of us dont want to take the pain of "mailing the letters"
How abt someone obtains online authorization to mail letters on members behalf.
I mean members authorize mailing a letter on their behalf by IV.
!?
Question is asked when they sign in... or login to the website!
I guess most of us dont want to take the pain of "mailing the letters"
How abt someone obtains online authorization to mail letters on members behalf.
I mean members authorize mailing a letter on their behalf by IV.
!?
Question is asked when they sign in... or login to the website!
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ashshah
01-18 01:28 PM
its true that a lot of LCs were denied in 2001/2002. However I dont know of any case where AOS was denied. Do you know of one personally? Or can you post a link to that effect?
If this is a just a theory, then check your facts first, before you claim "the possibility is real".
I agree with you. Lot of times people just assume things and make it real. While one may face issue at Labor/I-140 stage because of recession but it should not be that bad. Also the US government is working on stimulus package to avoid recession. So who knows we may not see a big recession after all.
If this is a just a theory, then check your facts first, before you claim "the possibility is real".
I agree with you. Lot of times people just assume things and make it real. While one may face issue at Labor/I-140 stage because of recession but it should not be that bad. Also the US government is working on stimulus package to avoid recession. So who knows we may not see a big recession after all.
more...
royus77
05-30 09:36 PM
Please help....I am in a little bit precarious situation here...
I am frustrated working for Company A and I have a job offer from Company B..
My question is if
1: my I140 is approved from company A and
2: have H1b extended for 3 years for company A
3: get the H1b transferred over to Company B and then
leave the Company A and join Company B
Now Company A revokes I140
Will by H1B with Company B still valid?
If your company A is a desi company(Mostly they try to profit on your exit also) he may try to sell the approved LC/1 -140 . So let be patient for another month and move . As far as the other things concerned you can get 3 years ext based on the I -140 ext and also you can port the PD to the new GC from company B .
Just check with the attorney before moving I just gave my advise based on my research in the forums.
Thanks
roy
I am frustrated working for Company A and I have a job offer from Company B..
My question is if
1: my I140 is approved from company A and
2: have H1b extended for 3 years for company A
3: get the H1b transferred over to Company B and then
leave the Company A and join Company B
Now Company A revokes I140
Will by H1B with Company B still valid?
If your company A is a desi company(Mostly they try to profit on your exit also) he may try to sell the approved LC/1 -140 . So let be patient for another month and move . As far as the other things concerned you can get 3 years ext based on the I -140 ext and also you can port the PD to the new GC from company B .
Just check with the attorney before moving I just gave my advise based on my research in the forums.
Thanks
roy
hair 2010 2006 Hummer H1 Alpha,
freedom1
01-22 04:18 PM
i got similar message, but this was for Advance Parole not 485...
Application Type: I131, APPLICATION FOR USCIS TRAVEL DOCUMENT
Current Status: Document OTHER THAN CARD manufactured and mailed.
On ... we mailed the document we manufactured based on our earlier approval of this case, and mailed it to the address on we have on file. You should receive the new document within 30 days. If you do not, or if you move before you get it, call customer service.
Your AP might be on your way!
Freedom1.
Application Type: I131, APPLICATION FOR USCIS TRAVEL DOCUMENT
Current Status: Document OTHER THAN CARD manufactured and mailed.
On ... we mailed the document we manufactured based on our earlier approval of this case, and mailed it to the address on we have on file. You should receive the new document within 30 days. If you do not, or if you move before you get it, call customer service.
Your AP might be on your way!
Freedom1.
more...
vxg
03-17 04:52 PM
Insurance did not pay for mine and my wife however my employer reimbursed me.
If your primary physician "advises" you to go through the "same" tests then insurance companies will have to pay.
If your primary physician "advises" you to go through the "same" tests then insurance companies will have to pay.
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ns007
01-04 09:37 AM
1. If you are paying for the GC process, then fire your attorney and get a new one who knows how to port the priority dates.
2. If employer is paying for it, ask them that you would pay for the second I-140.
3. If employer does not agree on either of the choices listed above:
a. File for EB3 I-140
b. Join a new employer and file a new EB2 labor and port your EB3 priority date.
They can't do that they are asking to make a choice .Per them porting eb3 priority date is not possible. I am not sure what are legal issues involved in porting the priority date. I am asked to make a choice either EB3 04 OR eb2 06.
2. If employer is paying for it, ask them that you would pay for the second I-140.
3. If employer does not agree on either of the choices listed above:
a. File for EB3 I-140
b. Join a new employer and file a new EB2 labor and port your EB3 priority date.
They can't do that they are asking to make a choice .Per them porting eb3 priority date is not possible. I am not sure what are legal issues involved in porting the priority date. I am asked to make a choice either EB3 04 OR eb2 06.
more...
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Kodi
08-28 06:50 PM
Received 2 yr EAD, I-140 pending as of 4/18/08
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raysaikat
04-30 08:55 AM
2) On the other hand, h4 prevents you from doing any kind of work while in US. Although u may still be employee of a company in other country, you CAN't work. Simple.
This is not a very meaningful statement. Do you intend to say that a person on H4 cannot cook or clean his/her house? These are also clearly "work".
Only meaningful restriction can be that a person on H4 cannot be engaged in an employer-employee relationship with a US company. In other words, a US company/individual cannot pay this individual for his/her work. Whether an Indian company is paying his/her cannot be controlled by the US laws. If that person, say, goes everyday to a physical office on the US and works there, then one may try to argue that it is really the US based branch who is paying him/her, which will be a violation. However, if s/he telecommutes from her home to India, then I really fail to see how can s/he be violating anything.
The bottomline is that all argument boils down to the definition of "work". Do you have a reference that defines the word "work" in the context of H visa?
This is not a very meaningful statement. Do you intend to say that a person on H4 cannot cook or clean his/her house? These are also clearly "work".
Only meaningful restriction can be that a person on H4 cannot be engaged in an employer-employee relationship with a US company. In other words, a US company/individual cannot pay this individual for his/her work. Whether an Indian company is paying his/her cannot be controlled by the US laws. If that person, say, goes everyday to a physical office on the US and works there, then one may try to argue that it is really the US based branch who is paying him/her, which will be a violation. However, if s/he telecommutes from her home to India, then I really fail to see how can s/he be violating anything.
The bottomline is that all argument boils down to the definition of "work". Do you have a reference that defines the word "work" in the context of H visa?
more...
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ItIsNotFunny
12-19 10:03 AM
Hi All,
Me and my wife are traveling to India. We are going for visa re-stamping (consular processing).
Based on the information provided below, can you provide lists of forms/docs that we're supposed to carry with us when we visit the consulate for stamping?
THANKS IN ADVANCE!
- Amit
My visa:
- I entered on H1B. Then I had to change employer so visa was transfered (And they extended it for another 2.5years). So now I have a H1B visa which is valid till June 2009, and passport with expired H1B stamp.
- With the new employer - I've an approved PERM. I140 is pending. I485 is filed. EAD received. Do I need to take approval notices and/or receipt notices of any/all of these stages?
My Wife's visa:
- she entered on H4. Now she has a H1B visa which is valid up 2010, and passport with expired H4 stamp.
Is she required to take approval notices and/or receipt notices of i485.. or my PERM or i140?
please visit: https://www.vfs-usa.co.in/
its am official site for this and has complete list.
More, if you have advance paroles, please keep them with you just in case of emergency.
Me and my wife are traveling to India. We are going for visa re-stamping (consular processing).
Based on the information provided below, can you provide lists of forms/docs that we're supposed to carry with us when we visit the consulate for stamping?
THANKS IN ADVANCE!
- Amit
My visa:
- I entered on H1B. Then I had to change employer so visa was transfered (And they extended it for another 2.5years). So now I have a H1B visa which is valid till June 2009, and passport with expired H1B stamp.
- With the new employer - I've an approved PERM. I140 is pending. I485 is filed. EAD received. Do I need to take approval notices and/or receipt notices of any/all of these stages?
My Wife's visa:
- she entered on H4. Now she has a H1B visa which is valid up 2010, and passport with expired H4 stamp.
Is she required to take approval notices and/or receipt notices of i485.. or my PERM or i140?
please visit: https://www.vfs-usa.co.in/
its am official site for this and has complete list.
More, if you have advance paroles, please keep them with you just in case of emergency.
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hsingh82
04-14 08:11 PM
My Perm got filed today :).. atleast 1st step in the door.
more...
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rajenk
01-17 01:40 PM
Yes Interfiling is just for that, no matter how the labor cert was used, when that EB3 I140 was approved it was all valid. Now you are only porting the PD from that approved EB3 I140.
If you are to file I485, have your attorney write up a letter explaining how you are eligible for filing I-485 based on interfiling your EB2 I-140. Also the letter need to be in bright colored sheet to differentiate from other B/W docs and application.
Now a days USCIS automatically approves I-485 based on the earlier PD. Since in your case you don't have a I-485 you are not being benefited by it. I have read in IV that people getting GC based on their previous EB3 I-140 PD(with PD being current), if they happen to have another EB2 I-140.
Good luck
Raj:)
If you are to file I485, have your attorney write up a letter explaining how you are eligible for filing I-485 based on interfiling your EB2 I-140. Also the letter need to be in bright colored sheet to differentiate from other B/W docs and application.
Now a days USCIS automatically approves I-485 based on the earlier PD. Since in your case you don't have a I-485 you are not being benefited by it. I have read in IV that people getting GC based on their previous EB3 I-140 PD(with PD being current), if they happen to have another EB2 I-140.
Good luck
Raj:)
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lskreddy
08-07 03:03 PM
I am a consultant and work for a client. My client wants to extend me a permanent offer and my consulting company that I presently work with would have no problems if I accepted the offer from the client.
I have asked the client to remote work from India and they said I could for six months and re-evaluate at that point. I can get a three year extension based on my I-140 approval with my consulting company (no 485, dates not current) if my client applies for a H1. I am not sure if I should or apply for a different visa.
The company that I intend to do remote work for does not have presence in India. Cannot do L1 I think.
What are my options?
Can I ask the company extending me an offer to apply for H1 and then work from India for six months?
(or) Can I just leave, work for them in India, and visit them periodically on B1?
I am planning to work remote with the company's understanding that this would be for the long term. So, it may actually extend beyond 6 months with possible periodic visits. Both the company and I would like to see how the first six month goes.
Any other suggestions. If there are tax implications, I would appreciate some feedback.
Thanks for the service.
I have asked the client to remote work from India and they said I could for six months and re-evaluate at that point. I can get a three year extension based on my I-140 approval with my consulting company (no 485, dates not current) if my client applies for a H1. I am not sure if I should or apply for a different visa.
The company that I intend to do remote work for does not have presence in India. Cannot do L1 I think.
What are my options?
Can I ask the company extending me an offer to apply for H1 and then work from India for six months?
(or) Can I just leave, work for them in India, and visit them periodically on B1?
I am planning to work remote with the company's understanding that this would be for the long term. So, it may actually extend beyond 6 months with possible periodic visits. Both the company and I would like to see how the first six month goes.
Any other suggestions. If there are tax implications, I would appreciate some feedback.
Thanks for the service.
hairstyles 2006 Hummer H1 Alpha in the
gc_on_demand
09-09 11:46 AM
I would like to hear from people who have actually done this recently. My co. is planning to apply for a Software Developer position in EB2 and was wondering if anyone got it approved this year. My co. was able to do it for a colleague of mine under this title back in 2006 and I understand a lot has changed since then.
The downsides of this plan are:
1. Economy is bad
2. Software Developer does not qualify for EB2 (I believe there was an initiative taken to limit EB2s to Manager and above)
Also, Software Developer does not fall under Job Zone 5 in ONET.
Any help? Thanks for reading
What I heard from one of my friend that now a days DOL issues RFE left and right but if company is ready to file for new labor and if they have open position for it .. Don't wait. Even if you get RFE you will be in line ahead of many who is thinking to apply for Eb2..
The downsides of this plan are:
1. Economy is bad
2. Software Developer does not qualify for EB2 (I believe there was an initiative taken to limit EB2s to Manager and above)
Also, Software Developer does not fall under Job Zone 5 in ONET.
Any help? Thanks for reading
What I heard from one of my friend that now a days DOL issues RFE left and right but if company is ready to file for new labor and if they have open position for it .. Don't wait. Even if you get RFE you will be in line ahead of many who is thinking to apply for Eb2..
shruthii_1210@yahoo.com
09-30 12:07 PM
Hi,
I received my EAD recently ,I-140 got approved (separate filing) last year and 485 still pending (not reached 180 days so far).
Now i have the following questions.
1) If anything happens like layoff with my current employment , is it possible to use AC21 wihin 180 days of 485 filing may be with the similar new job?
2) I have worked a for the past 5 years in this country, and how come bcz of my current company lays me out then my 485 will get affected?
3) if it is not possible to use ac21 , can i join another company to apply for a new LC , I140 ,I485 again, if so i have only 1.5 years left .. is that okay ?
4) I cannot get the LC copy also from my employer if at all i want ti use ac21?
Advance Thanks for your replies ...
Thanks
karthik
I received my EAD recently ,I-140 got approved (separate filing) last year and 485 still pending (not reached 180 days so far).
Now i have the following questions.
1) If anything happens like layoff with my current employment , is it possible to use AC21 wihin 180 days of 485 filing may be with the similar new job?
2) I have worked a for the past 5 years in this country, and how come bcz of my current company lays me out then my 485 will get affected?
3) if it is not possible to use ac21 , can i join another company to apply for a new LC , I140 ,I485 again, if so i have only 1.5 years left .. is that okay ?
4) I cannot get the LC copy also from my employer if at all i want ti use ac21?
Advance Thanks for your replies ...
Thanks
karthik
ImmiLosers
03-11 08:26 PM
I-94 is proof of your valid presence in US. You should not be having it if you are not in US. You will get one once you come back. Do not leave Airport without getting one;)
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