a_yaja
09-13 03:14 PM
Hi pd052009,
Thank you for your help. I am just confused about one issue. I thought by porting my PD from and old EB2+ perm case to a new EB2+perm will save me time in waiting for the PD. Now you mentioned that if I port my PD from an old EB2 to a new EB2 (same category), I will not save any time. Please clarify.
Thanks.
To give you an example, consider the following:
1. From employer A, your EB2 Priority Date is July 7th, 2006 and your country of chargeability is India. Per the Oct. 2010 visa bulletin, your date is not current.
2. You change employer to employer B who files your PERM on July 17th, 2010 and you get it approved followed by I-140 approval as well (premium processing)
3. PD from second employer's EB2 GC process is July 17th, 2010 - but due to earlier approved I-140 you are able to port your PD and hence the PD on your second I-140 approval is July 7th, 2006 (assuming that the attorney asked for porting of PD).
4. From both your approved I-140 - your priority date is still July 7th, 2006. However, from Oct. 2010 visa bulletin, cut off date is May 8th, 2006. So your date is still not current. For your date to be current, the cut-off date has to be July 8th, 2010 or later.
Hope this helps.
Thank you for your help. I am just confused about one issue. I thought by porting my PD from and old EB2+ perm case to a new EB2+perm will save me time in waiting for the PD. Now you mentioned that if I port my PD from an old EB2 to a new EB2 (same category), I will not save any time. Please clarify.
Thanks.
To give you an example, consider the following:
1. From employer A, your EB2 Priority Date is July 7th, 2006 and your country of chargeability is India. Per the Oct. 2010 visa bulletin, your date is not current.
2. You change employer to employer B who files your PERM on July 17th, 2010 and you get it approved followed by I-140 approval as well (premium processing)
3. PD from second employer's EB2 GC process is July 17th, 2010 - but due to earlier approved I-140 you are able to port your PD and hence the PD on your second I-140 approval is July 7th, 2006 (assuming that the attorney asked for porting of PD).
4. From both your approved I-140 - your priority date is still July 7th, 2006. However, from Oct. 2010 visa bulletin, cut off date is May 8th, 2006. So your date is still not current. For your date to be current, the cut-off date has to be July 8th, 2010 or later.
Hope this helps.
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kmdhar
10-12 04:09 PM
Here is my recent experience. I have only 2yrs out of 6yrs of H1B.Recently i applied for extension(applied for 3yrs instead of 2yrs based on approved 140) and received RFE from USCIS and asked for approved copy of 140. We send it and got the approval.
Thanks
Thanks
RDB
09-02 11:09 PM
That's the only logical thing to do right now, sending original EAD might be a bit risky.....i will update after my info pass appointment.
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krishnam70
07-18 01:53 PM
It's a free country and everyone, including Lou Dobbs have a right to voice their opinion - boycotts will not serve any purpose.
If you feel so passionately about it, here's what I suggest. Create a blog/website and every single day after his program, post an article pointing out factual inaccuracies in Lou's reports and views. If you don't want to watch the program, then CNN publishes a transcript a couple of hours later - follow that.
It's hard work but believe me - do it consistently and do it well and you will see that it will work.
Best of luck and post the address of your site/blog here should you decide to do it.
Here is the blog created for talking about Lou Dobbs. I will start digging up material and posting to this site.. please feel free to start blogging there
lets take it up to him
http://loubdobbs-truthorlies.blogspot.com/
cheers
If you feel so passionately about it, here's what I suggest. Create a blog/website and every single day after his program, post an article pointing out factual inaccuracies in Lou's reports and views. If you don't want to watch the program, then CNN publishes a transcript a couple of hours later - follow that.
It's hard work but believe me - do it consistently and do it well and you will see that it will work.
Best of luck and post the address of your site/blog here should you decide to do it.
Here is the blog created for talking about Lou Dobbs. I will start digging up material and posting to this site.. please feel free to start blogging there
lets take it up to him
http://loubdobbs-truthorlies.blogspot.com/
cheers
more...
bb8185
06-05 05:23 PM
[QUOTE=martinvisalaw;345850]A person with a 485 pending is allowed to remain in the US. There is no name for this "status", but it is lawful to stay in the US, and to work using an EAD.
Thankyou
Is this still true if the person did not have a new job, would they still be legal (assuming that they could fund themselves. I am trying to get to the answer of what if someone is laid off and does not have another job while their 485 is pending.
Thanks again
Thankyou
Is this still true if the person did not have a new job, would they still be legal (assuming that they could fund themselves. I am trying to get to the answer of what if someone is laid off and does not have another job while their 485 is pending.
Thanks again
eb3retro
10-24 03:47 PM
Once H-1B extension is received, one gets all the luxuries like any other H-1B. You can change jobs any day you want. Having that said, there are few things you have to re-do. Get the H-1B stamped if you change jobs. You have to re-start the GC process from scratch, yet you get to keep the PD and at the same time can switch to any EB catagory.
Before LC PERM process started, people didn't change jobs as LC could take any where from 2 to 4 years and re-starting the GC process was just no brainer. Now, as it takes 45days or less (theoraticaly) people easily change jobs and get H-1 transferred as well as get new GC process started and get LC in 45 days and then I-140 approved (with premium processing) in another 2 weeks.
So you once you change jobs you can get to the same stage where you are in two months if you start GC process right-away.
For tips to the other readers.
Some employers has company policy where they support the H-1 transfer (financially also) and then one has to wait for 1 or 2 years before they initiate GC process. The mostly the excuse is "Budget is fixed for a year".
One can propose a solution to this. Ask them, "What if I pay for the charges incurred for GC process if they agree to initiate right away and when s/he finishes one year of employment, reimburse the charges"
This has worked in many cases as doing such bothe employer and employee gets best of both worlds.
Great advice, I sincerely thank you for your time.
Before LC PERM process started, people didn't change jobs as LC could take any where from 2 to 4 years and re-starting the GC process was just no brainer. Now, as it takes 45days or less (theoraticaly) people easily change jobs and get H-1 transferred as well as get new GC process started and get LC in 45 days and then I-140 approved (with premium processing) in another 2 weeks.
So you once you change jobs you can get to the same stage where you are in two months if you start GC process right-away.
For tips to the other readers.
Some employers has company policy where they support the H-1 transfer (financially also) and then one has to wait for 1 or 2 years before they initiate GC process. The mostly the excuse is "Budget is fixed for a year".
One can propose a solution to this. Ask them, "What if I pay for the charges incurred for GC process if they agree to initiate right away and when s/he finishes one year of employment, reimburse the charges"
This has worked in many cases as doing such bothe employer and employee gets best of both worlds.
Great advice, I sincerely thank you for your time.
more...
ss1026
06-14 05:09 PM
The first thing for 485 approval is that your PD is current. If you PD is not current but the processing is complete because of the pre-adjucation , you still will not get 485 approval aka GC
But if you PD is current, that whoever has there process (name check, biometrics et al) complete, they would get their GC before ppl with older PD if they are are still in processing queue.
Offcourse there is another thing that comes in to play and that is the per country quota :eek:
EB-3 India Feb-2005
Waiting to apply I-485
But if you PD is current, that whoever has there process (name check, biometrics et al) complete, they would get their GC before ppl with older PD if they are are still in processing queue.
Offcourse there is another thing that comes in to play and that is the per country quota :eek:
EB-3 India Feb-2005
Waiting to apply I-485
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gc_chahiye
02-17 09:41 PM
U r absolutely wrong. No matter how many years u had on ur H1B, but if u switch over to EAD, ur H1B is history. It just cannot be revived. If u r so in deeply love with H1B, then u will need to reapply and fall under the regular annual quota ...
can you post a link to some website to back up that statement?
From what I know if you were counted under the H1 quota in the last 6 years, you can get off H1 go to EAD and come back to H1 without the need of a new petiton and annual quotas etc:
http://www.shusterman.com/h1bfaqaila.html
2. Is someone who obtained H-1B status three years ago, but has not been maintaining status for the past year, still subject to the quota?
If the individual was in the U.S. during all or part of that year, s/he is not subject to the quota, since AC21 section 103 amends INA section 214(g)(7) to make clear that anyone who already has been counted in the past six years would not be counted again unless eligible for another full six years. However, if the individual had spent that one year outside the U.S., under INS regulations s/he is eligible for another 6 years of H-1B status, and thus would be counted.
can you post a link to some website to back up that statement?
From what I know if you were counted under the H1 quota in the last 6 years, you can get off H1 go to EAD and come back to H1 without the need of a new petiton and annual quotas etc:
http://www.shusterman.com/h1bfaqaila.html
2. Is someone who obtained H-1B status three years ago, but has not been maintaining status for the past year, still subject to the quota?
If the individual was in the U.S. during all or part of that year, s/he is not subject to the quota, since AC21 section 103 amends INA section 214(g)(7) to make clear that anyone who already has been counted in the past six years would not be counted again unless eligible for another full six years. However, if the individual had spent that one year outside the U.S., under INS regulations s/he is eligible for another 6 years of H-1B status, and thus would be counted.
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anilsal
01-18 04:49 PM
People need to wake up to reality.
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TheCanadian
01-02 09:12 PM
F'ing a! I might not even have to lift a finger :run:
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Raksha
12-11 06:26 PM
Hi,
If married in India & want to take divorce in USA what is the procedure & will it be a valid divorce?
If married in India & want to take divorce in USA what is the procedure & will it be a valid divorce?
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whiteStallion
10-17 02:55 PM
Just an advice, please do not accept 1099 from your consulting company. I had the experience and paid a lot more in tax at the end of the year than I would have paid in W2 as 1099 is considered as business income. You'll be paying more taxes than W2.
So always stick to W2 when you are getting your salary from your consulting company. If Consulting company is paying you in 1099, then they do not pay Payroll taxes on your salary and thus save money. If they are paying you in w2, which they are supposed to(you being on H1), they have to pay payroll taxes themselves.
So always stick to W2 when you are getting your salary from your consulting company. If Consulting company is paying you in 1099, then they do not pay Payroll taxes on your salary and thus save money. If they are paying you in w2, which they are supposed to(you being on H1), they have to pay payroll taxes themselves.
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mrdelhiite
02-01 09:42 AM
This is a perfect example of creating more problems for everyone including yourself. IF everyone applies 2 H1 just to make sure there probability increases the overall probability of one getting H1 stays the same. The problem comes when someone plays by book and applies only one H1. By your action his probability is decreased. This is something my conscious won’t allow. When i was applying a H1 i had option to go for a regular H1 or last years left over masters Quota (The first year masters Quota opened, USCIS started accepting applications in Jan for that already started fiscal year). I decided to go for the Masters one so that i don’t use up a number from the coming year's regular or masters quota .. i could have saved money staying on OPT but i did not
Moral of the story .... please think about ur actions and be considerate to others. We is stronger then me.
-M
Moral of the story .... please think about ur actions and be considerate to others. We is stronger then me.
-M
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ubetman
08-04 01:09 PM
Hi,
My employer is filing my I-140 and I-485/131/765 concurrently. My lawyer/representative send a list which says G-28 signed by lawyer and my employer. I understand for I-140, G-28 is signed by lawyer and employer(petitioner). When filed concurrently is one G-28 is enough for whole forms?
I read we need to have G-28 form for each form and for 485/131/765 forms G-28 should be signed by the actual applicant and the lawyer instead of the petitioner(my employer). Right now in my case there is only G-28 form they were sending that was signed by my employer(petitioner) and the lawyer...is one G-28 is fine for whole application packet when filed concurrently...
USCIS website clearly says without G-28 form they will reject the application right away...but it didn't mentioned for each form though...but all my colleagues says they signed three G-28 forms one each 485/765/131...i am little confused and concerend..please suggest..
thanks in advance..
My employer is filing my I-140 and I-485/131/765 concurrently. My lawyer/representative send a list which says G-28 signed by lawyer and my employer. I understand for I-140, G-28 is signed by lawyer and employer(petitioner). When filed concurrently is one G-28 is enough for whole forms?
I read we need to have G-28 form for each form and for 485/131/765 forms G-28 should be signed by the actual applicant and the lawyer instead of the petitioner(my employer). Right now in my case there is only G-28 form they were sending that was signed by my employer(petitioner) and the lawyer...is one G-28 is fine for whole application packet when filed concurrently...
USCIS website clearly says without G-28 form they will reject the application right away...but it didn't mentioned for each form though...but all my colleagues says they signed three G-28 forms one each 485/765/131...i am little confused and concerend..please suggest..
thanks in advance..
more...
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singhsa3
08-19 12:56 PM
Thanks, I work in the credit derivatives area. Developing IT infrastructure for pricing and doing risk analysis for single names and multi-names credit derivatives. What about you?
you must be a happy man today! congrats again.....
I got my charter in 05.. but still remember the day i got my results... one of the best days of my life..
I really havent used it much though other than sponsoring my students for level 1. so what area of fin you in?
you must be a happy man today! congrats again.....
I got my charter in 05.. but still remember the day i got my results... one of the best days of my life..
I really havent used it much though other than sponsoring my students for level 1. so what area of fin you in?
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sid3699
09-16 10:13 PM
My H1B visa stamp has expired, but I have the approval papers extending my H1B until Jan 2011. My company filed for bankruptcy. Another company bought parts of my company (not the entire company) in which I work. So I got absorbed by the buyer.
What happens to my visa? Does the new company have to file for an amended petition? If so, how long does that take?
I have to travel to India in two months. If they file the petition and I travel out of the country before I get the approval, will that be safe?
Thanks very much.
What happens to my visa? Does the new company have to file for an amended petition? If so, how long does that take?
I have to travel to India in two months. If they file the petition and I travel out of the country before I get the approval, will that be safe?
Thanks very much.
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kondur_007
09-24 12:06 PM
All they said was that you do not have enough ties in India and you will work there.
It sounds very lame to me.
It looks like sec 214 (b) denial. This is purely at descretion of consulate. No one can say "consulate is wrong" in this case. To my eyes, only option is to get here here on H4 and then apply for change of status to F1 (with the help of a good lawyer since the case is somewhat convoluted now).
I am not quite certain about other options of continuing to study on H4 (which may exist), but definitely OPT option will only be available with F1.
Good Luck.
It sounds very lame to me.
It looks like sec 214 (b) denial. This is purely at descretion of consulate. No one can say "consulate is wrong" in this case. To my eyes, only option is to get here here on H4 and then apply for change of status to F1 (with the help of a good lawyer since the case is somewhat convoluted now).
I am not quite certain about other options of continuing to study on H4 (which may exist), but definitely OPT option will only be available with F1.
Good Luck.
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solaris27
10-15 01:57 PM
i had LUD same day and one day after .
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LongJourny
01-21 04:30 PM
Thank you all for giving me confidence. I have updated my profile. I do not remember dates of some information. I will update them later.
One last question is if worst thing to happen would my adv. parole be useful for reentry?
One last question is if worst thing to happen would my adv. parole be useful for reentry?
morchu
04-23 01:06 PM
I know it is a loss in priority date. But my point is: "does fighting with the lawyer, give him his time back?" In fact by that he is loosing his valuable time and energy further.
If there is "ANY" method to get his "LC" approved with the same priority date, I totally agree he should do that.
That is what I mean by "focus on your goal". If your goal is to fight with lawyer for a cause, just do it. You will at least feel happy that you did the right thing, whatever you felt right.
Also "you pay the lawyer to represent you and to do things for you". The "payment" is not for a 100% error-free service. It is always back on your shoulder to make sure the lawyer is doing the right thing. Many of you may not agree, but that is my view. It is just a service. Not an "error-free-guaranteed" service.
morchu, people like you who put their tail between their legs are the reason some are stuck in retrogression and exploited by our employers and have to face some unprofessional and bad lawyers.
yes you can file a complaint against the lawyer and his license will be revoked. See
http://immigrationvoice.org/wiki/index.php/HOW_TO_REPORT_A_BAD_IMMIGRATION_LAWYER
Just because your labor is cleared you have no feelings for the person on this thread who had to wait for 2 years. Can anyone give him back his lost time?
If there is "ANY" method to get his "LC" approved with the same priority date, I totally agree he should do that.
That is what I mean by "focus on your goal". If your goal is to fight with lawyer for a cause, just do it. You will at least feel happy that you did the right thing, whatever you felt right.
Also "you pay the lawyer to represent you and to do things for you". The "payment" is not for a 100% error-free service. It is always back on your shoulder to make sure the lawyer is doing the right thing. Many of you may not agree, but that is my view. It is just a service. Not an "error-free-guaranteed" service.
morchu, people like you who put their tail between their legs are the reason some are stuck in retrogression and exploited by our employers and have to face some unprofessional and bad lawyers.
yes you can file a complaint against the lawyer and his license will be revoked. See
http://immigrationvoice.org/wiki/index.php/HOW_TO_REPORT_A_BAD_IMMIGRATION_LAWYER
Just because your labor is cleared you have no feelings for the person on this thread who had to wait for 2 years. Can anyone give him back his lost time?
hbk
04-22 03:33 PM
Most of the above documnets were optional 2 years back, but now it become compulsory in all these, Workorder/SOW and PO is very much necessary, for an approval, Since this is a Premium Processing, there are chances of getting an RFE, asking for original contract between client and the vendor, at that time you can ask the Final Vendor or Client to send or Fax the contract directly to USCIS. And ask your attorney to mention in a covering letter in the RFE that the contract is sent by your Vendor Attorney thru mail or fax,
Last year I had the same situation, on Premuim Processing, and I got the above RFE, and got an year extension, this year I am proactive I am applying for normal processing, 6 months back. with all the above documents.toatl (10 years in US)
Good Luck to you and let us enlighten us, what happened to your case.
Prayers to everyone who are in this difficult phase of life extending the H1B.
May GOD Bless
Thanks a lot for the response.
Fortunately my extension got approved for 3 years without any RFE in 3 business days.
Here are the details...
Processing Type: Premium Processing
Receipt Number: EAC-XX-XXX-XXXXX
Processing Center : VSC
Applied for : 3 years(Based on Approved I-140)
Approved for : 3 years
Fedex date: 04/08/2010
Receipt Notice Date: 04/12/2010
RFE Date: N/A(No RFE)
RFE Responded Date: N/A
Status: Approved
Approval Date: 04/15/2010
Model :Employer(Desi Consulting)--> Vendor--> Client
Submitted all docs which I have mentioned in the beginning of this thread/topic.
Again submitted client & vendor letter without end dates. Also just submitted
contract papers between employer & vendor, had not submitted any purchase/work order.
Regards.
Last year I had the same situation, on Premuim Processing, and I got the above RFE, and got an year extension, this year I am proactive I am applying for normal processing, 6 months back. with all the above documents.toatl (10 years in US)
Good Luck to you and let us enlighten us, what happened to your case.
Prayers to everyone who are in this difficult phase of life extending the H1B.
May GOD Bless
Thanks a lot for the response.
Fortunately my extension got approved for 3 years without any RFE in 3 business days.
Here are the details...
Processing Type: Premium Processing
Receipt Number: EAC-XX-XXX-XXXXX
Processing Center : VSC
Applied for : 3 years(Based on Approved I-140)
Approved for : 3 years
Fedex date: 04/08/2010
Receipt Notice Date: 04/12/2010
RFE Date: N/A(No RFE)
RFE Responded Date: N/A
Status: Approved
Approval Date: 04/15/2010
Model :Employer(Desi Consulting)--> Vendor--> Client
Submitted all docs which I have mentioned in the beginning of this thread/topic.
Again submitted client & vendor letter without end dates. Also just submitted
contract papers between employer & vendor, had not submitted any purchase/work order.
Regards.
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