harrydr
04-29 10:16 PM
Currently i have my I-140 approved an that is all i know. To be honest, PD to me means "the day my I-140 was approved". Is that true??
My wife lives with me on H-4 and she will hopefully get an ITIN this year. Now, how i understand the system, i cannot file for I-485 petition until, the date of my I-140 approval becomes current. Please verify to help me understand this system. Thanks in advance.
My wife lives with me on H-4 and she will hopefully get an ITIN this year. Now, how i understand the system, i cannot file for I-485 petition until, the date of my I-140 approval becomes current. Please verify to help me understand this system. Thanks in advance.
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caprianurag
11-06 09:27 AM
Hi Guys
I got two LUD's after FP.
What does that signify?
How do I know when my application has been sent to FBI for namecheck?
Thanks
-AJ
I got two LUD's after FP.
What does that signify?
How do I know when my application has been sent to FBI for namecheck?
Thanks
-AJ
sioux
11-30 10:36 AM
the examiner should look to the Dictionary of Occupational Titles (DOT) code and/or Standard Occupational Classification (SOC) code, assigned to the I-140 and/or labor certification and compare this with the DOT or SOC code that is appropriate for the new position. Thus, although not stated, this argument and analysis should accompany the request for approval under AC21 portability.
Until recently I had not even tried to look for other opportunities, but I suddenly find myself with a position (another company). I am not familiar with the rules of AC21. The new position is in management and is most likely in a different SOC code. Have any of you had issues with a move? Is it required to inform the USCIS of the move - I have heard that there is no need to inform? Please help.
Until recently I had not even tried to look for other opportunities, but I suddenly find myself with a position (another company). I am not familiar with the rules of AC21. The new position is in management and is most likely in a different SOC code. Have any of you had issues with a move? Is it required to inform the USCIS of the move - I have heard that there is no need to inform? Please help.
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harsh
02-21 01:35 PM
I am looking to accept a new full time position on H1b with a company other than my current employer. My current employer has offered me to continue with them on a partime basis with a concurrent H1 and I am looking to convert my current full time H1 into a part-time H1 and get the new company to file a new concurrent H1 petition for me for full time. There is no change in title or job description.
My question is whether changing a full time H1 into a part time (40 hrs/wk vs 20 hrs/month) constitute a material change ? and thus require filing of a new ameneded petition ? And are the filing fees same for an amended petition as for a new petiton.
Would appreciate if someone knowledgeable would comment.
Yes you will have to file a new amended petition for the part time work. You might have problem if you first file a concurrent full time H1 as you might be asked how will you work 80hrs a week? So you can file for a H1b "transfer" for the full time work and then file for a concurrent part-time H1b.
My question is whether changing a full time H1 into a part time (40 hrs/wk vs 20 hrs/month) constitute a material change ? and thus require filing of a new ameneded petition ? And are the filing fees same for an amended petition as for a new petiton.
Would appreciate if someone knowledgeable would comment.
Yes you will have to file a new amended petition for the part time work. You might have problem if you first file a concurrent full time H1 as you might be asked how will you work 80hrs a week? So you can file for a H1b "transfer" for the full time work and then file for a concurrent part-time H1b.
more...
Cheran
02-15 11:42 AM
Unless you have some specific reason, you will face tough question if you go to any other country. If it is Mexico or Canada, they are neighbouring countries and you have a point to argue.
coolguy_420
07-01 04:24 AM
Hello,
I was on valid 3-year H1 visa until Dec 2010. I got layed off in Feb 2009.
I found another employer to file my H1 transfer case in April '09 and the case is still pending (regular processing). We received a RFE asking for my most recent pay stubs and employer info recently.
The question I have is if the H1 transfer gets denied, what do I do next? How much time do I have to leave the US? Do they give time to pack and make plans to leave? I don't want to face deportation. Also, I have a valid 10- year B1/B2 visa stamped on my passport. Can I use that in any way.
Your response is greatly appreciated.
Thanks!
I was on valid 3-year H1 visa until Dec 2010. I got layed off in Feb 2009.
I found another employer to file my H1 transfer case in April '09 and the case is still pending (regular processing). We received a RFE asking for my most recent pay stubs and employer info recently.
The question I have is if the H1 transfer gets denied, what do I do next? How much time do I have to leave the US? Do they give time to pack and make plans to leave? I don't want to face deportation. Also, I have a valid 10- year B1/B2 visa stamped on my passport. Can I use that in any way.
Your response is greatly appreciated.
Thanks!
more...
nmdial
08-21 12:54 PM
My wife is currently on H4 and she is planning to apply for Residency here in the US on an exchange visa (J1). Let us suppose that she gets her status adjusted here in the US from H4 to J1 and then travels outside the US (say India). Then, she would have to get a J1 visa stamped on her passport. Considering that her spouse (that's me) would be on H1B, it would be rather difficult for her to prove that she would return to India. Do you think there is a greater chance of denial of J1 visa to her at the US consulate? If yes, how do you recommend we go about doing it? Your answer would be appreciated.
------------------------------
LC and I-140 Approved; EB2 PD 22 Feb 2008
------------------------------
LC and I-140 Approved; EB2 PD 22 Feb 2008
2010 Tia Mowry: Pregnant!
ras
01-01 02:39 PM
H1 has been approved for 2009 quota for a client A. it is almost one and half year and the visa stamping has not been done. The client A is no more interested and a new Client B is interested to offer the same position in a different location or at H1 petitioning employers location. The LCA has been filed for the Client B and may get approved in next couple of days. Is that okay to use this new client letter while going for H1B Visa stamping? This new client is not the one on whom the actual H1B petition is approved.
Question is When going for H1 B visa is it necessary to use the client letter that has been used when applying for H1B approval. Can the clients be different while going for Visa Stamping?
This is urgent as the visa stamping appointment is in a few days. And the attorneys suggestion will be greatly appreciated.
Question is When going for H1 B visa is it necessary to use the client letter that has been used when applying for H1B approval. Can the clients be different while going for Visa Stamping?
This is urgent as the visa stamping appointment is in a few days. And the attorneys suggestion will be greatly appreciated.
more...
krishna_brc
06-15 06:33 PM
Yesterday I e-filed my EAD and AP renewal for me and my wife but I think I may have messed up a little.
1) I forgot to save the confirmation receipt( pdf) from me and now I cannot get it anywhere. I did it save it for my wife. I belive I need this along with the supporting documents. How Can I request the confirmation receipt from USCIS
2) I did not find any instructions come up for the list of supporting documents that need to be sent. Should I send the supporting documents (based on what I saw on this site) anyways?
Hi,
You can email to E-Filing.Support@dhs.gov requesting the receipt notice in pdf format. I had the same situation and i emailed the above Id and got receipt notice (pdf) in 48hrs. BTW in the email give your receipt number.
Thanks,
Krishna
1) I forgot to save the confirmation receipt( pdf) from me and now I cannot get it anywhere. I did it save it for my wife. I belive I need this along with the supporting documents. How Can I request the confirmation receipt from USCIS
2) I did not find any instructions come up for the list of supporting documents that need to be sent. Should I send the supporting documents (based on what I saw on this site) anyways?
Hi,
You can email to E-Filing.Support@dhs.gov requesting the receipt notice in pdf format. I had the same situation and i emailed the above Id and got receipt notice (pdf) in 48hrs. BTW in the email give your receipt number.
Thanks,
Krishna
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carbon
11-01 02:06 PM
Dear Friends,
Can I quite my current job in the US and go back to india for 6 months come back on AP and find similar job ? is this possible ? how long can I stay in india
before my I-485 status "runs out" ?
My PD is June 2005/EB2. I am a July 2 filer. I have received I-485 receipt,EAD and AP.
Thanks.
Can I quite my current job in the US and go back to india for 6 months come back on AP and find similar job ? is this possible ? how long can I stay in india
before my I-485 status "runs out" ?
My PD is June 2005/EB2. I am a July 2 filer. I have received I-485 receipt,EAD and AP.
Thanks.
more...
glosrfc
10-31 08:43 PM
Yup..pineapples, corn, cable cars, jugular veins...
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smartboy75
08-25 04:51 PM
Hi all
I have been trying to use the POJ method to reach an IO but looks like USCIS has shutdown that option. After entering the receipt number it simply reads out the online status message and does not provide any option to reach a CSR.
Looks like eccessive status calls have caused this.
Has anyone still been able to use the POJ method today and if yes can u pls post the details ??
Thanks
I have been trying to use the POJ method to reach an IO but looks like USCIS has shutdown that option. After entering the receipt number it simply reads out the online status message and does not provide any option to reach a CSR.
Looks like eccessive status calls have caused this.
Has anyone still been able to use the POJ method today and if yes can u pls post the details ??
Thanks
more...
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krovvidiusa
09-03 09:36 AM
I filed my 485 in EB-2 I, in July 2007. My PD: Nov 2004. I couldn't resist myself from creating an Infopass appt to find out the details of my case. I am in Dallas, TX. Had the appt at 7am this morning and I am pretty happy with the appt. I had a soft LUD on 08/14/09 and was concerned if it was for pre-adjudication. The officer was respectful and answered all my questions. I was asked my priority date, category, country chargeability. He checked the system and told me that the case is pre-adjudicated on 08/14/09 (hence the soft LUD) and a decision has been made. I asked him if he would know the decision and his response was "I cannot officially say that it is in the YES bin, but USCIS does not have to wait for a visa number if it was in the NO bin." I said that I understood it and asked if the namecheck and FBI check were complete. He said, the next step is to approval. I was all smiles.
I checked for my wifes status and he checked the system to say that her case is in the same status. He also added that, her case was last touched on 08/28/09 (No soft LUD).
Final stmt, "You case is very close to completion. Give another 30-60 days and you should hear the good news. Our online systems are not all up to date and in sync. You can always make an Infopass appt to get the latest update on your case. This being the end of fiscal year, with new visa numbers in Oct, you are safe to get an approval soon". I thought it couldn't get any better than this (prior to getting the GC...citizenship.....win a lottery.....start a company....and so on and so on).
My suggestion, if you are current, make an Infopass appt. It is worth it. Atleast, you dont have to check the "Case Status Online" and you inbox every few minutes.
I almost forgot: When the officer(?) said that "...this being the end of fiscal year and new number coming out, you are good", I immiediately asked him "unless the visa numbers are all over for the year and it retrogresses real back than my PD" and his reponse was "I dont think so...atleast I have not been hearing anything about retrogression for now for EB2-I". I hope thats a relief to most of us EB2-I guys. I hope thats the same for everyone else as well.
I checked for my wifes status and he checked the system to say that her case is in the same status. He also added that, her case was last touched on 08/28/09 (No soft LUD).
Final stmt, "You case is very close to completion. Give another 30-60 days and you should hear the good news. Our online systems are not all up to date and in sync. You can always make an Infopass appt to get the latest update on your case. This being the end of fiscal year, with new visa numbers in Oct, you are safe to get an approval soon". I thought it couldn't get any better than this (prior to getting the GC...citizenship.....win a lottery.....start a company....and so on and so on).
My suggestion, if you are current, make an Infopass appt. It is worth it. Atleast, you dont have to check the "Case Status Online" and you inbox every few minutes.
I almost forgot: When the officer(?) said that "...this being the end of fiscal year and new number coming out, you are good", I immiediately asked him "unless the visa numbers are all over for the year and it retrogresses real back than my PD" and his reponse was "I dont think so...atleast I have not been hearing anything about retrogression for now for EB2-I". I hope thats a relief to most of us EB2-I guys. I hope thats the same for everyone else as well.
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abuddyz
01-20 07:07 PM
I asked my company attoreny about this.. he said that immigration petition is I-140 and as I-140 is not filed for your wife (I-485 is already filed for my wife) so I should say No there for my wife's form.
more...
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loku
08-16 08:04 PM
I was on H-1 and got laid off on July 23. I filed for COS to H4 online on the same day and got the electronic receipt the same day. As I had filed I-539 after work hours, the receipt shows that USCIS received my application on July 26 instead of 23. I got the paper receipt in next 3 days. I hope this will not create any problems as my employer sent notification to USCIS on July 31 and I received my last paystub on July 31 though it was only till July 23. I have been working in US with good status for last 5 years.
Now I have some questions. Any help is greatly appreciated:
1) I recently got two Job offers from different consulting firms. When I told them that my H4 status is still pending, their attorneys told me conflicting things.
- One employer's attorney said that I have to wait till my H4 is approved and only then they could apply for my H1. At this time I have not status and they cannot file my H1.
- The other employer's attorney said that I could apply for H1 while my H4 is still pending by giving pending petition reference in the new H1 application. This will let USCIS adjudicate both the pending status together and there will be no problem for my H1.
Which one of them is correct ? What are the risks involved if I go with the advice of second attorney? Is there a possibility that filing H1 increases the chances the both my H4 and H1 applications are rejected and I could be OOS ?
2) Second question is that the second employer wants me to start immediately after I get H1 receipt. Am I eligible to work on a receipt with my situation or do I need to wait for the complete approval ? What if I get an RFE ? As this is a consulting firm, they have work order from end client for only 3 months and it will be renewed after every 3 months. Will this 3 month work order will create any problems ?
3) What is my current status ? Will the current time while H4 is pending will be counted against H1 or H4 ? As I have only a little over year left in my H1, it is important for me to know how much valid time I have left for H1. This processing time could go in months if I get an RFE.
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Now I have some questions. Any help is greatly appreciated:
1) I recently got two Job offers from different consulting firms. When I told them that my H4 status is still pending, their attorneys told me conflicting things.
- One employer's attorney said that I have to wait till my H4 is approved and only then they could apply for my H1. At this time I have not status and they cannot file my H1.
- The other employer's attorney said that I could apply for H1 while my H4 is still pending by giving pending petition reference in the new H1 application. This will let USCIS adjudicate both the pending status together and there will be no problem for my H1.
Which one of them is correct ? What are the risks involved if I go with the advice of second attorney? Is there a possibility that filing H1 increases the chances the both my H4 and H1 applications are rejected and I could be OOS ?
2) Second question is that the second employer wants me to start immediately after I get H1 receipt. Am I eligible to work on a receipt with my situation or do I need to wait for the complete approval ? What if I get an RFE ? As this is a consulting firm, they have work order from end client for only 3 months and it will be renewed after every 3 months. Will this 3 month work order will create any problems ?
3) What is my current status ? Will the current time while H4 is pending will be counted against H1 or H4 ? As I have only a little over year left in my H1, it is important for me to know how much valid time I have left for H1. This processing time could go in months if I get an RFE.
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eucalyptus.mp
06-19 12:32 PM
My Client due to some reasons unable to offer fulltime position . But they are extending my project bt 2- 2 months . Now they extended till Aug 2009 . My visa is expiring in sep 2009 .
Should I ask my employer to file extention Now ? or should I file in August ?
Should I ask my employer to file extention Now ? or should I file in August ?
more...
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gc_check
07-17 02:00 PM
There is an on AILA titled...Update (Such As It Is) on the Visa Bulletin Debacle (Updated 2pm)
Does anyone know what it is about?
AILA REPORTING THAT ANNOUNCEMENT UNLIKELY TODAY
The American Immigration Lawyers Association is now telling members not to expect an announcement today. It is not clear why USCIS has delayed an announcement, but I will report as I learn more
http://blogs.ilw.com/gregsiskind/
Does anyone know what it is about?
AILA REPORTING THAT ANNOUNCEMENT UNLIKELY TODAY
The American Immigration Lawyers Association is now telling members not to expect an announcement today. It is not clear why USCIS has delayed an announcement, but I will report as I learn more
http://blogs.ilw.com/gregsiskind/
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pappu
06-15 03:52 PM
Everyone:
This was a GREAT week for all of us. Past three days have changed our discussion topics and we're now more concerned about doctor appointments and certificates. That is a good thing to talk about indeed. But lets not forget this battle goes on and we all need to be together in this journey. No one knows where one will be stuck!! So please continue working with IV agenda and contribute in anyways possible.
New members, please contribute considering the help you're getting from this IV forum. Remember IV needs money to support all of us. We're using so much IV resource and its our duty that we must suport IV.
Thanks IV.
Thanks.
Yes this is very important for us to continue our work. Let us continue to support IV in good times and bad times and stay united.
http://immigrationvoice.org/index.php?option=com_content&task=view&id=26&Itemid=44
This was a GREAT week for all of us. Past three days have changed our discussion topics and we're now more concerned about doctor appointments and certificates. That is a good thing to talk about indeed. But lets not forget this battle goes on and we all need to be together in this journey. No one knows where one will be stuck!! So please continue working with IV agenda and contribute in anyways possible.
New members, please contribute considering the help you're getting from this IV forum. Remember IV needs money to support all of us. We're using so much IV resource and its our duty that we must suport IV.
Thanks IV.
Thanks.
Yes this is very important for us to continue our work. Let us continue to support IV in good times and bad times and stay united.
http://immigrationvoice.org/index.php?option=com_content&task=view&id=26&Itemid=44
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laststraw
06-23 01:47 PM
Thanks fromnaija.
Will my I485, which was filed in July 2007, be automatically re-activated if my EB2 AAO appeal is approved?
I won't be filing my new I140 until probably sometime next year as I am just working on my PERM advertisements now. I am assuming that there is no time limit to using a priority date from an earlier I140.
Will my I485, which was filed in July 2007, be automatically re-activated if my EB2 AAO appeal is approved?
I won't be filing my new I140 until probably sometime next year as I am just working on my PERM advertisements now. I am assuming that there is no time limit to using a priority date from an earlier I140.
gc_maine2
03-27 03:21 PM
:D:D:D::D LOL
On serious note, its really long wait.
Your individual capacity to stand against frustration, worry and adaptability to strange and sudden events and conditions.:)
On serious note, its really long wait.
Your individual capacity to stand against frustration, worry and adaptability to strange and sudden events and conditions.:)
bushman06
12-30 09:48 PM
Since Sept 27 it has been oral arguments, if any thing ever comes out of this I am sure it will be posted all over.
Home - �国三类职业移民法律信托基金 (http://www.eb3chinese.org)
Home - �国三类职业移民法律信托基金 (http://www.eb3chinese.org)
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