I_need_GC
07-24 01:16 PM
But I have heard of instances where employers have used previously approved labor on new employees other than the person it was approved for?
You do not loose your priority date even if the old employer revokes the 140.
As long as there aren't be any provable fraud intentions involved, in the whole GC process with the old employer, the priority date remains with you.
-Morchu
You do not loose your priority date even if the old employer revokes the 140.
As long as there aren't be any provable fraud intentions involved, in the whole GC process with the old employer, the priority date remains with you.
-Morchu
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bogy
05-25 01:31 AM
Hi Guys
I am on H1B, just filed my GC. I am planning to do a masters degree (i am a B.E now). Any suggestions? I was looking at walden university for online programs. are they any good? Is it worth the money spent??
Thanks! :)
I am on H1B, just filed my GC. I am planning to do a masters degree (i am a B.E now). Any suggestions? I was looking at walden university for online programs. are they any good? Is it worth the money spent??
Thanks! :)
gssh
06-13 09:30 AM
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JunRN
05-28 08:18 PM
You can't gain any legal status using your Canadian employment. It's like you're working for a company in your home country and staying in the US. Your home country's company cannot sponsor you for H1 unless they have a branch here in the US. At best, you can stay in the US by using other status like being in H4 and your spouse working as H1. OR if you have a GC.
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krishna_brc
05-21 01:20 PM
i did it myself too..pretty straightforward..they hv all info on their website..
Hi Pandya,
Can you please provide their website link. I appreciate your help.
Thanks,
Krishna
Hi Pandya,
Can you please provide their website link. I appreciate your help.
Thanks,
Krishna
wandmaker
10-24 01:00 AM
One correction in wandmaker above response, if it helps
B.Sc (3 years) + MCA (3years) = US Masters or Even M.E
I meant to type M.Sc instead of MCA - Thanks for the correction.
B.Sc (3 years) + MCA (3years) = US Masters or Even M.E
I meant to type M.Sc instead of MCA - Thanks for the correction.
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Funky_Monkey
09-10 11:32 PM
Hi, I have a quite strange situation here:
I am from China. I have an approved EB2-NIW I-140 with priority date of 2/2008 and an EB1a 140 petition denied on 8/4/2010.
I filed an I-485 concurrently with my EB1a, along with EAD applications. I got my EAD on 11/2009 and used it to work already.
The strange part is, my I-485 case is still pending, even though my EB1a petition is denied. In fact, I received RFE for quality photos two weeks after my 140 was denied. I think this is a USCIS error because they think my 485 was linked to my EB2-NIW case.
Now, am I staying in the U.S. illegally even though technically my 485 petition is still pending?
Thanks for all you comments.
I am from China. I have an approved EB2-NIW I-140 with priority date of 2/2008 and an EB1a 140 petition denied on 8/4/2010.
I filed an I-485 concurrently with my EB1a, along with EAD applications. I got my EAD on 11/2009 and used it to work already.
The strange part is, my I-485 case is still pending, even though my EB1a petition is denied. In fact, I received RFE for quality photos two weeks after my 140 was denied. I think this is a USCIS error because they think my 485 was linked to my EB2-NIW case.
Now, am I staying in the U.S. illegally even though technically my 485 petition is still pending?
Thanks for all you comments.
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Sreeshankar
07-30 07:48 PM
Is it possible to get your EAD, if I-140 is still pending. :confused:
Yes, EAD is bassed on the 485 you had filed. But it is very very risky to use the EAD even before I 140 is approved, since if by chance it is not approved or some very difficult query comes, and 140 doesnot get approved, you lose your H1 or L1 or whatever current status you are currently in, if you had begun using EAD(since the 485 is based on future approvablity of the 140 and once 140 gets denied, the 485 and EAD automaticaly gets denied)
Yes, EAD is bassed on the 485 you had filed. But it is very very risky to use the EAD even before I 140 is approved, since if by chance it is not approved or some very difficult query comes, and 140 doesnot get approved, you lose your H1 or L1 or whatever current status you are currently in, if you had begun using EAD(since the 485 is based on future approvablity of the 140 and once 140 gets denied, the 485 and EAD automaticaly gets denied)
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waiting4gc
07-18 03:06 PM
As long as you file I 140 as soon as your labor is approved. Spouse has nothing to do with application till it hits the 485 stage so you can file your 485 later.
Make sure you file your 140 in the regular channels and it should take some time to get approved.
Even if you decide to change jobs, after 140 is approved, the priority date is yours. So if you have a copy of the approved I 140 when you change jobs, you have to start the process all over again but by submitting the approved I 140 from previous company, you can maintain the priority date.
Hello guys,
First of all thank you very much for your answers in advance.
I am currently on H1-B (valid till 2010) and recently applied for PERM LC. I work for a non-profit organization and the category is EB-2. Nationality: Turkey.
I was planning to go for my GC but my plans have recently changed. I am planning to get married in 2009 Summer (earlier is not possible). I have done my research and found out that if I receive my GC before I get married, it will be very difficult to get my spouse here.
I am expecting to get the LC in about 4 months. Then, most probably I can file I-140 and I-485 concurrently as the visa numbers will be available for my case. However, I am not planning to do it anymore due to the reasons mentioned above.
So, here are my questions:
Now, the new rule tells that LC certification must be used within 180 days. So, can I just file I-140 while single and even though my visa numbers are current for I-485 (Can I seperate I-140 and I-485 and save I-1485 for after marriage - Summer 2009). Does it matter for the purposes of I-140, if I am single - and then add my spouse to I-485 in the US (She will be on H-4 with me here)?
I am not planning to change my job. So, would my I-140 have an expiration date?
Do you have any other suggestions? Thank you!
Make sure you file your 140 in the regular channels and it should take some time to get approved.
Even if you decide to change jobs, after 140 is approved, the priority date is yours. So if you have a copy of the approved I 140 when you change jobs, you have to start the process all over again but by submitting the approved I 140 from previous company, you can maintain the priority date.
Hello guys,
First of all thank you very much for your answers in advance.
I am currently on H1-B (valid till 2010) and recently applied for PERM LC. I work for a non-profit organization and the category is EB-2. Nationality: Turkey.
I was planning to go for my GC but my plans have recently changed. I am planning to get married in 2009 Summer (earlier is not possible). I have done my research and found out that if I receive my GC before I get married, it will be very difficult to get my spouse here.
I am expecting to get the LC in about 4 months. Then, most probably I can file I-140 and I-485 concurrently as the visa numbers will be available for my case. However, I am not planning to do it anymore due to the reasons mentioned above.
So, here are my questions:
Now, the new rule tells that LC certification must be used within 180 days. So, can I just file I-140 while single and even though my visa numbers are current for I-485 (Can I seperate I-140 and I-485 and save I-1485 for after marriage - Summer 2009). Does it matter for the purposes of I-140, if I am single - and then add my spouse to I-485 in the US (She will be on H-4 with me here)?
I am not planning to change my job. So, would my I-140 have an expiration date?
Do you have any other suggestions? Thank you!
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glamzon
07-23 03:41 PM
R.William
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rc0878
10-25 08:40 AM
Quizzer,
This is a great idea. My EB3 pending for almost a year now at NSC and cases at TSC are being cleared well with in the 6 month timeframe.
I really wish IV could take this as a top priority issue.
Lets have other members support us in this.
RC
This is a great idea. My EB3 pending for almost a year now at NSC and cases at TSC are being cleared well with in the 6 month timeframe.
I really wish IV could take this as a top priority issue.
Lets have other members support us in this.
RC
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parvezns
01-17 07:36 PM
Hey All,
I am on H1B on Indian passport and my current H1B that is stamped on passport will expire on March 18, 2010.
Recently, I got my H1b visa extension until 2012.
I'm currently working for my end client "X" from last 2 years and H1b holder is company "Y".
I am planning to go to India first two weeks of February and return on 17th Feb from EWR and returning back to EWR.
I do hav an employment verification letter obtained from my manager at end client "X".
I am planning to do my visa stamping while in Mumbai. I have 4 questions :
1) Looking at the current scenario, where most of H1B stamping at Mumbai consulates are going through administrative process;
do you recommend me to go to Mumbai for new visa stamping ?
2) If I simply return on my current visa, will the officer at POE ask me - why I did not get new H1 stamped on passport when I have 30 days for current to expire ?
Any advice ????????
3) I have confirmed tickets for me, wife and kid to arrive at Newark. Do you guys think it is wise to change the aiport to some other airport ?
4) Do you think dropping the plans going to India is more feasible than dealing through points 1-3 above.
I need your advise as soon as you can. Please share with me your viewpoints in the best possible way.
I am on H1B on Indian passport and my current H1B that is stamped on passport will expire on March 18, 2010.
Recently, I got my H1b visa extension until 2012.
I'm currently working for my end client "X" from last 2 years and H1b holder is company "Y".
I am planning to go to India first two weeks of February and return on 17th Feb from EWR and returning back to EWR.
I do hav an employment verification letter obtained from my manager at end client "X".
I am planning to do my visa stamping while in Mumbai. I have 4 questions :
1) Looking at the current scenario, where most of H1B stamping at Mumbai consulates are going through administrative process;
do you recommend me to go to Mumbai for new visa stamping ?
2) If I simply return on my current visa, will the officer at POE ask me - why I did not get new H1 stamped on passport when I have 30 days for current to expire ?
Any advice ????????
3) I have confirmed tickets for me, wife and kid to arrive at Newark. Do you guys think it is wise to change the aiport to some other airport ?
4) Do you think dropping the plans going to India is more feasible than dealing through points 1-3 above.
I need your advise as soon as you can. Please share with me your viewpoints in the best possible way.
more...
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goosetavo
11-13 05:43 PM
I'm trying to figure out the reasoning behind Mexico's numbers as well. According to the latest cut-off date tables http://www.travel.state.gov/pdf/EmploymentDemandUsedForCutOffDates.pdf
Mexico has about 5,800 folks total for EB-3 in the queue so far, but we have seen very little movement in the past years. My questions to the forum:
1) Is the slow movement due to so many cases in field offices not yet reported?
2) Do family-based numbers take away from the 7% of 140K visas a year or are these solely for EB?
3) Any idea why movement is so slow for Mexico given the numbers of people currently in the queue?
Theories are welcome.
Mexico has about 5,800 folks total for EB-3 in the queue so far, but we have seen very little movement in the past years. My questions to the forum:
1) Is the slow movement due to so many cases in field offices not yet reported?
2) Do family-based numbers take away from the 7% of 140K visas a year or are these solely for EB?
3) Any idea why movement is so slow for Mexico given the numbers of people currently in the queue?
Theories are welcome.
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gcspace
08-12 07:31 PM
My case EB3 PD Jan 2004
I40 approved TSC July 2007
485 filed at NSC July 2nd
LUD is 8/12/2007
Does this mean anything ?
I40 approved TSC July 2007
485 filed at NSC July 2nd
LUD is 8/12/2007
Does this mean anything ?
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dixie
09-25 02:38 PM
I see no harm in contacting him; but your excitement about Chandrasekharan seems curious to me. When people who have themselves immigrated from India (who now have GC/citizenship) are so indifferent about us, how can you expect a second generation indian journalist to "understand" our problems ? He does not seem to have done any articles on immigration; so there is no objective way for us to say whether he is really sympathetic to us or not.
Remember that even anti-immigration organizations like numbersUSA have lots of members who are immigrants themselves or have immigrant parents.
Any comments from Core Team regarding contacting Rajiv ? His parents are immigrants from India,so he will understand the sufferings of legal immigrants !
I think it is better to contact him.
Guys...Any comments ?
Remember that even anti-immigration organizations like numbersUSA have lots of members who are immigrants themselves or have immigrant parents.
Any comments from Core Team regarding contacting Rajiv ? His parents are immigrants from India,so he will understand the sufferings of legal immigrants !
I think it is better to contact him.
Guys...Any comments ?
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nonimmi
05-30 02:52 PM
I haven't come here for a while and don't know what's happening here. Several weeks ago, we said we would be happy if congresses pass CIR. How come we don't want CIR to be passed now?
Gotta clear backlog Ma' :D
Gotta clear backlog Ma' :D
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AK_GC
03-17 02:13 PM
We didn't have issues getting the original loan and getting refinances for our home with H1 and our EAD/ AP....although they need lot more paperwork. But if you have good credit score, and if you have the papers that they request, you should be able to get a good rate. The time from application to closing takes a little longer though.
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dixie
08-22 02:07 AM
SKIL exempts applicants with a masters degree from the US and 3 years experience from the annual quotas. This along with not counting dependents should bring considerable relief to even the folks who are still subject to quota.
See page 3 on this:
http://www.competeamerica.org/resource/h1b_glance/NFAP_Study.pdf
If per country limit of 7% stays, how much relief would it bring in terms of
priority dates for India/China born individuals?
I do not think there shall be any significant positive movement in Priority dates. Even if annual numbers go to 290K from 140K and dependents are excluded. It is about 4 times meaning if earlier we had 10K for India including sposes meaning 5K effectively, now it will be appx 20K effectively!
Think of number of applicants from India and China and think of the flood coming when all backlog is cleared! I dont think we should expect big jump in priority dates.
Am I getting too pessimistic?
See page 3 on this:
http://www.competeamerica.org/resource/h1b_glance/NFAP_Study.pdf
If per country limit of 7% stays, how much relief would it bring in terms of
priority dates for India/China born individuals?
I do not think there shall be any significant positive movement in Priority dates. Even if annual numbers go to 290K from 140K and dependents are excluded. It is about 4 times meaning if earlier we had 10K for India including sposes meaning 5K effectively, now it will be appx 20K effectively!
Think of number of applicants from India and China and think of the flood coming when all backlog is cleared! I dont think we should expect big jump in priority dates.
Am I getting too pessimistic?
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gconmymind
01-15 04:02 PM
8 months is too much...On one hand, we can not apply for H1 renewal before 6 months of expiration and on the other hand they take more than 6 months to process? Do they purposely want to create more complications here? What a bunch of baboons!!!
Anyways, is there a way we can convert our regular application to premium processing once it's already filed. I've filed for my extension in Oct 07 and till today no updates...USCIS is making me sick!!!!
You need to fill in a form (910 or something, i dont remember). With your receipt number and this form, you can convert your case to premium. I did that for 140, should be possible for H1 also. Talk to your lawyer for details...
Anyways, is there a way we can convert our regular application to premium processing once it's already filed. I've filed for my extension in Oct 07 and till today no updates...USCIS is making me sick!!!!
You need to fill in a form (910 or something, i dont remember). With your receipt number and this form, you can convert your case to premium. I did that for 140, should be possible for H1 also. Talk to your lawyer for details...
kumar_77
06-15 09:16 AM
I have been a contributing for a long time and i will do to do so , there are lot of people still struck in back log , who supported us from the beginning , and more over we are filing 485 ....we still have a long way to go remember..
kumar
kumar
lkrastogi
07-16 11:08 PM
My 140 was filed last week and I don't have the receipt number. Can I file 485 without I140 receipt number?
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