indianindian2006
09-16 04:29 PM
Called again and made a few friends call.
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desigirl
12-02 10:12 AM
As i had indicated earlier, I spoke with my employer, he cannot do anything in terms of lobbying - but has agreed to do things. He will donate to IV and he will write a letter stating that small businesses like ours need to be able to fully utilize the capabilities of the employers...and it helps to have the green card.
Not sure who the letter needs to be addressed to, any suggestions would be helpful.
Not sure who the letter needs to be addressed to, any suggestions would be helpful.
Rishi123
11-09 12:23 PM
Dear Friends :
Appreciate if you could provide some insight to my situation.
I had filed my labor certification from company (A) ( Based on future employment ) .
PD Sep/04
I did not work for the company (A)
My labor certification has got approved and now I am preparing to file I-140.
In the mean while my current employer (B) had approved to file my GC- ( PERM labor ) will get it filed in beginning of 2007.
Should I file my I-140 from company (A) in order to retain PD...I am told that once the I-140 gets approved from (A ) the priority date can get transferred to the company B when ever that I-140 stage reaches.
Is this a recommended course ? would there be flags raised when I file PERM labor & subsequent I-140 for company (B)..I came across items on the I-140 form that asks " has any Immigration visa petition ever being filed behalf of this person"..Not sure what are the implications if one confirms the same.
I am not able to get a clearer picture.
You help will be highly appreciated
Rishi
Appreciate if you could provide some insight to my situation.
I had filed my labor certification from company (A) ( Based on future employment ) .
PD Sep/04
I did not work for the company (A)
My labor certification has got approved and now I am preparing to file I-140.
In the mean while my current employer (B) had approved to file my GC- ( PERM labor ) will get it filed in beginning of 2007.
Should I file my I-140 from company (A) in order to retain PD...I am told that once the I-140 gets approved from (A ) the priority date can get transferred to the company B when ever that I-140 stage reaches.
Is this a recommended course ? would there be flags raised when I file PERM labor & subsequent I-140 for company (B)..I came across items on the I-140 form that asks " has any Immigration visa petition ever being filed behalf of this person"..Not sure what are the implications if one confirms the same.
I am not able to get a clearer picture.
You help will be highly appreciated
Rishi
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immieb2
10-14 09:04 AM
I went to the Chennai consulate in July 2008 with blue jeans and bright colored T shirt and I got my H1 visa stamped. No issues. But I sure felt like the odd man out there, NO ONE else was wearing a jeans and shirt. At the interview she asked me how is the weather in Michigan, that's about it..
Is it mandatory to wear business formal? I am going to get visa stamping with my wife, she is applying for H4.
Thanks!
Is it mandatory to wear business formal? I am going to get visa stamping with my wife, she is applying for H4.
Thanks!
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va_dude
03-09 01:21 PM
To port from EB3 to EB2, you will need an approved EB2 labor.
You can't just randomly convert your EB3 to EB2 just because you are more qualified, etc. Besides the category, Eb1,2,3 is determined by the job requirements, not your qualification. So you could be a PhD from MIT, but if the job requires only a Bachelor's for example, you can't do an Eb2.
So in your case, your new employer C would need to file for a new labor in EB2 and then do the 140 after labor approval.
I'm not a 100% sure if you can do the porting while filing the new 140 or only after its approval. For that you might need to confirm with an attorney consult.
My advice - spend the 100/200 bucks and get a 1 hour consult with a reputed attorney or the attorney that employer C works with.
You can't just randomly convert your EB3 to EB2 just because you are more qualified, etc. Besides the category, Eb1,2,3 is determined by the job requirements, not your qualification. So you could be a PhD from MIT, but if the job requires only a Bachelor's for example, you can't do an Eb2.
So in your case, your new employer C would need to file for a new labor in EB2 and then do the 140 after labor approval.
I'm not a 100% sure if you can do the porting while filing the new 140 or only after its approval. For that you might need to confirm with an attorney consult.
My advice - spend the 100/200 bucks and get a 1 hour consult with a reputed attorney or the attorney that employer C works with.
MahaBharatGC
10-13 01:39 PM
Well you are correct I am trying to draw attention because as a saying "you will only know the pain when you walk the line". My company attorneys delayed the filings. I am not blaming anyone but myself. However, the fact of the matter is to find out a way to address this issue which is going to help everyone else. I do not knonw how long my particular case might take but since I am in the process I understood the issue.
First, when you apply in advance, yeah the possibility of approval before existing application expiration is very high. But you will end up loosing the EAD period from the date of approval to the date of last expiration. This is a loss for us.
Second, a renewal should only take less time as it takes for Drivers license. It is not AP where they have to validate your last entry etc etc.
EAD renewal adjudication should be separate from rest of all application processing and should shrink the timline.
Imagine my case. My wife was searching for jobs since her first EAD and now she got one but lack of EAD is going to cause her to loose it.....
First, when you apply in advance, yeah the possibility of approval before existing application expiration is very high. But you will end up loosing the EAD period from the date of approval to the date of last expiration. This is a loss for us.
Second, a renewal should only take less time as it takes for Drivers license. It is not AP where they have to validate your last entry etc etc.
EAD renewal adjudication should be separate from rest of all application processing and should shrink the timline.
Imagine my case. My wife was searching for jobs since her first EAD and now she got one but lack of EAD is going to cause her to loose it.....
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uma001
08-21 09:28 AM
Congratulations
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tdasara
08-17 11:03 AM
ashkam
How many years do they renew the license based on I-485 receipt at Malvern DMV?
Thanks
How many years do they renew the license based on I-485 receipt at Malvern DMV?
Thanks
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howzatt
07-16 01:44 PM
I beg to disagree - I think if you read between the lines it is quite clear that potential solutions are being discussed. A solution may be announced but NOT within the 24 hrs that we all are expecting. It may lead to a deadlock in which case the lawsuit would be one of our recourse.
I think we all got a little carried away by the 24HR time frame from Core.
Whats new about this news? We have been hearing this since Thursday evening.
I think we all got a little carried away by the 24HR time frame from Core.
Whats new about this news? We have been hearing this since Thursday evening.
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leo2606
09-24 03:50 PM
Any thoughts
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fromnaija
03-24 04:03 PM
Right off the bat I'd say you need five years of progressive experience after bachelor to qualify for EB2. Secondly, the job must require that level of qualification and experience. However, you may want to ask an immigration attorney.
Hello fellows in pain!
I have a question, I am currently stuck in EB3 retrogression with 140 approved. I am contemplating switching jobs and try out for EB2. Could anyone please share thoughts on my chances? Below are my education / experience details:
- US Bachelors in Computer Science
- More less 5-6 years of experience in my field plus a number of advanced certifications from Microsoft and Sun (I suppose these don't really matter).
- However, the above mentioned years of experience have not been all gained right after college. Last 2 years of college I was working full time in my field and going to school full time.
Any suggestions would be extremely helpful!
Cheers,
Me.
Hello fellows in pain!
I have a question, I am currently stuck in EB3 retrogression with 140 approved. I am contemplating switching jobs and try out for EB2. Could anyone please share thoughts on my chances? Below are my education / experience details:
- US Bachelors in Computer Science
- More less 5-6 years of experience in my field plus a number of advanced certifications from Microsoft and Sun (I suppose these don't really matter).
- However, the above mentioned years of experience have not been all gained right after college. Last 2 years of college I was working full time in my field and going to school full time.
Any suggestions would be extremely helpful!
Cheers,
Me.
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sagar_nyc
04-21 02:03 PM
Actually GC on L1 can be really much faster because GC processing on L1 comes under special EB1 category. So if you are willing to take risk of loosing job on L1. I will recommend to go for GC under L1.
Hi greeta,
I am not sure about time frame for GC but FREEDOM is more important for me. The market is not good, if you loose the job in L1 then you have to leave
to your home country and cannot transfer your visa. If it's H1 you can always do that.
If at all there is a difference in processing times for GC for L1, i don't see any drastic difference. Instead of 6 years it may be 5 years (6 years for GC? Are you kidding me?). No big deal.
Good luck.
Rgds,
Kris
Hi greeta,
I am not sure about time frame for GC but FREEDOM is more important for me. The market is not good, if you loose the job in L1 then you have to leave
to your home country and cannot transfer your visa. If it's H1 you can always do that.
If at all there is a difference in processing times for GC for L1, i don't see any drastic difference. Instead of 6 years it may be 5 years (6 years for GC? Are you kidding me?). No big deal.
Good luck.
Rgds,
Kris
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letstalklc
11-06 01:39 PM
Whats up, guys!
FYI:
My employer got a letter today stating that my form ETA9089 has been certified. Finally, after about 13 months waiting.
I got audited on November 2007. I filed the petition on October 2007.
Good luck with all of you guys.
Thanks for the supports!
Congratulations...great news.....good luck for the next steps...
Is your perm is filed by Fragomen Law Firm?
My PD is Sep 5th 2007...still pending....dont know when it's gonna approve...
FYI:
My employer got a letter today stating that my form ETA9089 has been certified. Finally, after about 13 months waiting.
I got audited on November 2007. I filed the petition on October 2007.
Good luck with all of you guys.
Thanks for the supports!
Congratulations...great news.....good luck for the next steps...
Is your perm is filed by Fragomen Law Firm?
My PD is Sep 5th 2007...still pending....dont know when it's gonna approve...
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GooblyWoobly
07-18 06:14 PM
I have couple of questions, couldn't find answers in other threads.
1. My I485 was filed on July 9th, 2007 (PD Oct, 2005) without EAD/AP (since my lawyer was expecting a rejection). Now, he will apply for EAD/AP, and cannot do it until we get a receipt for AOS, which will probably take more than a month. Given this, I'll be applying for EAD possibly in August end. Is this a blessing in disguise, as, I'll have to pay new fees for EAD, which would mean, I won't have to renew that EAD every year?? Am I correct in this assumption?
2. My spouse's AOS was filed with mine as dependent. She has a H1 of her own and is working. Now, after the I485 receipt comes back, if she leaves her job, will she be in status (or does she need to move to H4? I'll stay on H1 and won't invoke EAD unless necessary). My understanding is, with the receipt, she is in status no matter what (unless the I485 gets denied).
TIA.
1. My I485 was filed on July 9th, 2007 (PD Oct, 2005) without EAD/AP (since my lawyer was expecting a rejection). Now, he will apply for EAD/AP, and cannot do it until we get a receipt for AOS, which will probably take more than a month. Given this, I'll be applying for EAD possibly in August end. Is this a blessing in disguise, as, I'll have to pay new fees for EAD, which would mean, I won't have to renew that EAD every year?? Am I correct in this assumption?
2. My spouse's AOS was filed with mine as dependent. She has a H1 of her own and is working. Now, after the I485 receipt comes back, if she leaves her job, will she be in status (or does she need to move to H4? I'll stay on H1 and won't invoke EAD unless necessary). My understanding is, with the receipt, she is in status no matter what (unless the I485 gets denied).
TIA.
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pappu
12-05 07:56 AM
At the time i was 2 semesters away from my Masters plus the mess my previous attorney had caused, my new attorney felt comfortable filing under EB3 because he felt i would have problems at the I-140 stage if i did not compete my Masters by that time.
In 2001 my attorney expected to have my GC by 2003 the latest and he was not counting on this mess with DBEC.
Hope all of us are through with this nightmare by end of 2007.http://immigrationvoice.org/forum/showthread.php?t=2453
In 2001 my attorney expected to have my GC by 2003 the latest and he was not counting on this mess with DBEC.
Hope all of us are through with this nightmare by end of 2007.http://immigrationvoice.org/forum/showthread.php?t=2453
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rajuseattle
07-01 01:47 AM
I am also in a simlar situation except that the job location is same but job position going to be Sr. Programmer analyst for the same employer who is sponsoring my GC and for whom i am working for last 6 + yrs.
According to our company attorney and HR, i am eligible for promotion using the AC-21 and they are preparing my AC-21 package to USCIS.
In the AC-21 letter to USCIS it is clearly mentioned that i will be using AC-21 provision of the immigration law to accept the new position for the same employer. HR also verified that this is a natural progression for my job position.
Anyways i would suggest please talk to your HR and company attorney as they would know the best course of action for you. Remember in the immigration world even if you think u r into similar situation with other person, it may not be true in all cases.
According to our company attorney and HR, i am eligible for promotion using the AC-21 and they are preparing my AC-21 package to USCIS.
In the AC-21 letter to USCIS it is clearly mentioned that i will be using AC-21 provision of the immigration law to accept the new position for the same employer. HR also verified that this is a natural progression for my job position.
Anyways i would suggest please talk to your HR and company attorney as they would know the best course of action for you. Remember in the immigration world even if you think u r into similar situation with other person, it may not be true in all cases.
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nb_des
04-14 11:51 AM
My LC is still in process after auditing (EB2). My employer wants to 'drastically' cut back my salary due the national depression, which is particularly affecting the field my company is operating in (sub-primes). If he does that, and I accept it, is LC in jeopardy? We filed back in September 2007 with a certain salary and now it will be lower. Do we have to communicate the change to the DOL? And if yes, what will happen? Do we have to re-file? Thank you to everybody for all the info you can give me! Really!:(
I think GC and your LC is for future job and as long as employer has ability to pay based on their financials it should be fine. But again I am no expert check with your immigration lawyer.
I think GC and your LC is for future job and as long as employer has ability to pay based on their financials it should be fine. But again I am no expert check with your immigration lawyer.
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sanjay02
07-25 07:36 PM
Sanjay:
Most likely you will not have to do anything further and your application will be approved when the Visa Bulletin reaches your priority date. However it will depend on how long it is before that date is reached. you may have to be fingerprinted again, as the fingerprint checks are only valid for 18 months. Also, if the wait is long enough, USCIS may want you to go for another interview to make sure you are still eligible.
Thnks for the answer, I havent heard of any one being interviewed twice. Once date get current, do I have to go to local USCIS office , after I take infopass?
Most likely you will not have to do anything further and your application will be approved when the Visa Bulletin reaches your priority date. However it will depend on how long it is before that date is reached. you may have to be fingerprinted again, as the fingerprint checks are only valid for 18 months. Also, if the wait is long enough, USCIS may want you to go for another interview to make sure you are still eligible.
Thnks for the answer, I havent heard of any one being interviewed twice. Once date get current, do I have to go to local USCIS office , after I take infopass?
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nareshg
10-02 02:12 AM
Anyone with Oct 06 or earlier RD still waiting for I-140 approval?
Me-:(
I am on eb2 and the application is in Nebreska service center...3 weeks back or so they got a RFE, do not know what the RFE is about yet ....!!
Are you also waiting for 140 approval ?
I think h my filing (or was it receipt date) was oct 24, 2006.
Me-:(
I am on eb2 and the application is in Nebreska service center...3 weeks back or so they got a RFE, do not know what the RFE is about yet ....!!
Are you also waiting for 140 approval ?
I think h my filing (or was it receipt date) was oct 24, 2006.
a1b2c3
02-11 11:26 PM
Did you contacted congressman or opened any SR's ?
I've contacted the congressmen. There are 200 odd cases at NSC still lying unprocessed with earlier PD and RD (than mine) while the cutoff dates move forward for EB2-I. Are they going process all others before mine?
With this some lucky ones will get out and other unlucky ones will complain to the congressmen. Movements without clearing up the earlier cases will cause more problems.
Btw, Chris, what is your status?
I've contacted the congressmen. There are 200 odd cases at NSC still lying unprocessed with earlier PD and RD (than mine) while the cutoff dates move forward for EB2-I. Are they going process all others before mine?
With this some lucky ones will get out and other unlucky ones will complain to the congressmen. Movements without clearing up the earlier cases will cause more problems.
Btw, Chris, what is your status?
brimos
05-16 01:58 PM
Is there anything currently to actually stop us from all throwing in the towel with the LC process and just stating that we've been here for x years and paid $x taxes and getting on the illegal's bandwagon?
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