perm2gc
08-24 04:45 PM
Hi Everyone,
I have a quesion on the same lines!!
My H1B is approved till Mar 2007(have I797 till Mar, 2007). But you can file for extension 6 months before it expires ie, Sep 2006. So, now, say I get file for extension and get 3 year extension approval( I say 3 yrs bcoz my I-140 is approved). However, I dont have visa stamp for my current H1b.
Now, if I go for H1b stamping, lets say, in Nov 2006, will they stamp it till Mar 2007(my earlier extension date) or the new H1b approval, ie, Mar 2010.
thanks
please let me know if I have not made myself clear. Yes, it's a little different situation and I've not read anything about this kind of situation .
You go for stamping for new I797 not for old one i asssume..They will issue you visa according to the I797(New).
I have a quesion on the same lines!!
My H1B is approved till Mar 2007(have I797 till Mar, 2007). But you can file for extension 6 months before it expires ie, Sep 2006. So, now, say I get file for extension and get 3 year extension approval( I say 3 yrs bcoz my I-140 is approved). However, I dont have visa stamp for my current H1b.
Now, if I go for H1b stamping, lets say, in Nov 2006, will they stamp it till Mar 2007(my earlier extension date) or the new H1b approval, ie, Mar 2010.
thanks
please let me know if I have not made myself clear. Yes, it's a little different situation and I've not read anything about this kind of situation .
You go for stamping for new I797 not for old one i asssume..They will issue you visa according to the I797(New).
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sunnymit
02-17 03:54 PM
The PD for my GC application is Dec 10, 2001. I filed under EB3 category and my chargeability is India. Going by the backlog that we are currently experiencing for EB3, is it worth filing for an upgrade of the GC application from EB3 to EB2 based purely on timelines for both EB3 and EB2?
krishnam70
05-05 04:16 PM
I still don't have my GC(based on an Engineering position) but took up a managerial position within the same organization.. IMO, its a risk worth taking.. If I were you, I would take the new position, switch over to EAD and not apply for the H1B extension..
If USCIS issues an RFE asking for 'Continued Employment offer' or Evidence of Employment? or for that matter when he applies for an EAD/AP renewal he needs to support it with a letter of employment from the current employer.
If at any stage USCIS determines the candidate is actually working in a different category that which the LCA was applied for my interpretation is its ground for denial.
I will leave it to the experts to argue the merits or demerits of this
Good luck though
- cheers
kris
If USCIS issues an RFE asking for 'Continued Employment offer' or Evidence of Employment? or for that matter when he applies for an EAD/AP renewal he needs to support it with a letter of employment from the current employer.
If at any stage USCIS determines the candidate is actually working in a different category that which the LCA was applied for my interpretation is its ground for denial.
I will leave it to the experts to argue the merits or demerits of this
Good luck though
- cheers
kris
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go_guy123
09-09 09:38 AM
Words in CIR are supporting high skilled. At the same time Schumer mentioned that they will not allow companies to replace Americans with lower wage foreign workers. You can easily get the meaning of it. First CIR need to be introduced. And it needs to seen What CIR will offer for high skilled immigrants. Many lobbying groups waiting with laundry list of demands for them. Basically every group wants unlimited guest workers and green cards. Someone in congress has to take leadeship initiatives without politics and without any bias. Then only CIR is feasible
If you see the political realities, Obama has lost a lot of political capital on health care.
Plus something I mentioned before: Schumer is a senator. CIR faces main opposition
in the Congress and not Senate.
You are right that many interest groups are lobbying for themselves. That is where EBs are at a disadvantage.
Just check www.ilw.com. Everyday there are articles wailing the plight of illegals but not a peep about
skilled immigrants.
If you see the political realities, Obama has lost a lot of political capital on health care.
Plus something I mentioned before: Schumer is a senator. CIR faces main opposition
in the Congress and not Senate.
You are right that many interest groups are lobbying for themselves. That is where EBs are at a disadvantage.
Just check www.ilw.com. Everyday there are articles wailing the plight of illegals but not a peep about
skilled immigrants.
more...
adde72
07-17 06:05 PM
Does this mean that we have to file I-485 before August 1st?. From August 1st, the August visa bulletin is effective and all the EB category dates are U.:confused:
You can file until Aug 16 .However from July 30 , you have to pay new feess..Better apply before July 30 and contribute to IV
You can file until Aug 16 .However from July 30 , you have to pay new feess..Better apply before July 30 and contribute to IV
wizard20740
05-21 09:34 PM
I submitted my wife's ead renewal app online 150+ days before it expires (i filed in April 1st week whereas expiry is in Oct 2008). I only realized my mistake after filing.
We have received a receipt from BCIS as well as an appointment for biometrics on 5/23. I have not sent any documents by mail to support the electronic filing.
I am hoping that her app will not get rejected or worse, denied.
We have received a receipt from BCIS as well as an appointment for biometrics on 5/23. I have not sent any documents by mail to support the electronic filing.
I am hoping that her app will not get rejected or worse, denied.
more...
garybanz
01-11 11:07 AM
Hi
This is my first post so please bear with me. I have been silent in these forums for some time now. My intention in this post is not to offer any advice etc but its only intended of what I am feeling after the Feb visa bulletin and whether there are other people sharing the same feeling. I have been in this process since 2001. Got screwed by company once (after about two years) and had to change company so started all over again. Luckily new company was good. Though they dont pay for any GC expense lawyer was good and got PD 2004. Last year after seeing VBs had hopes of getting out of this soon. But now Feb VB bulletin has provideed really depressing news. At this stage its very depressing. I am thinking my "living the american dream" will be a dream only. With upcoming elections who knows what will happen. IV seems to be the only hope now.
Dispatched letters today to IV California and President.
Jack
Jack,
Join your local state chapter and get more involved with IV activities. Also there was a post few days back requesting for 10 compelling stories, why don't you give yours?
Thanks,
Gary
This is my first post so please bear with me. I have been silent in these forums for some time now. My intention in this post is not to offer any advice etc but its only intended of what I am feeling after the Feb visa bulletin and whether there are other people sharing the same feeling. I have been in this process since 2001. Got screwed by company once (after about two years) and had to change company so started all over again. Luckily new company was good. Though they dont pay for any GC expense lawyer was good and got PD 2004. Last year after seeing VBs had hopes of getting out of this soon. But now Feb VB bulletin has provideed really depressing news. At this stage its very depressing. I am thinking my "living the american dream" will be a dream only. With upcoming elections who knows what will happen. IV seems to be the only hope now.
Dispatched letters today to IV California and President.
Jack
Jack,
Join your local state chapter and get more involved with IV activities. Also there was a post few days back requesting for 10 compelling stories, why don't you give yours?
Thanks,
Gary
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vban2007
06-22 11:12 AM
Please help...
It is not possible to save any information on PDF forms if need to correct anything later..
Any idea how to save data on all the forms...
It is not possible to save any information on PDF forms if need to correct anything later..
Any idea how to save data on all the forms...
more...
ksvreg
07-17 06:09 PM
Time to send "Thank you" flowers. What to do you think guys?
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chanduv23
11-07 04:55 PM
Pehaps all that your lawyer cares for is your fees. The answer to your question is 'No' you cannot use your experience gained with your current employers, ofcourse if the petitioner is your current employer.
This is the 'A' of ABCD of Labor application if your employers doen't understand it than......
But his signature says labor is approved. I remember giving my lawyer an updated resume with current employment when she filed 140 for me. Maybe thats OK in 140 petition????
This is the 'A' of ABCD of Labor application if your employers doen't understand it than......
But his signature says labor is approved. I remember giving my lawyer an updated resume with current employment when she filed 140 for me. Maybe thats OK in 140 petition????
more...
langagadu
05-06 12:19 PM
Quetions to Gurus. I did read in so many forums since long time but did not get a clear understanding around salary.
1) What is the meaning of "There should not be very huge variance in income levels."
Does it mean while moving from one job to another (1 time)?
2) What if the GC is filed 8 years ago and the person is still waiting but got an average of
10% hike every year. Is that a problem?
1. A letter from your employer with same or similar job description and title ( check the equivalency list)
2. Make sure your income is along the lines which is defined in the LCA. There should not be very huge variance in income levels.
- cheers
kris
1) What is the meaning of "There should not be very huge variance in income levels."
Does it mean while moving from one job to another (1 time)?
2) What if the GC is filed 8 years ago and the person is still waiting but got an average of
10% hike every year. Is that a problem?
1. A letter from your employer with same or similar job description and title ( check the equivalency list)
2. Make sure your income is along the lines which is defined in the LCA. There should not be very huge variance in income levels.
- cheers
kris
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EndlessWait
06-29 12:07 PM
what is mandatory?.....what happens if a person has to move 6 months after they file I-485.....aint they going to change their address??.....can we use AR-11 to do that?....there is no way I can wait for 4 years at my current place to get my green card in hand.....would appreciate any suggestions
dude..what is so difficult about understanding this..ur stressing urself out too much... just keep using ar-11 everytime u change address..
dude..what is so difficult about understanding this..ur stressing urself out too much... just keep using ar-11 everytime u change address..
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mirage
01-29 09:43 AM
I'm still Confused you guys are EB3 India SEP why are your applications even looked at ? As far as I knew your applications stay in the big black hole unless your Priority date is current....
It seems we are in synch.
Sep 04
MTR approved in December 09.
RFE for EVL on 23 rd Jan 23 rd.
Replying this week.
Let us see what is in store.
It seems we are in synch.
Sep 04
MTR approved in December 09.
RFE for EVL on 23 rd Jan 23 rd.
Replying this week.
Let us see what is in store.
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armadain
05-10 10:18 PM
I have a i 94 problem.
i got my h1b approval(797).
went to india last december.
in the airline, i returned my old i94 instead of the i94 on the 797 form.
came back to US. the immigration officer didnt issued a new i94. i still have the 797 i 94 with me. not sure if that is the reason he didnt issued me a new i94 cause he saw my 797 i94 with me.
also my passport doesnt have a date of entry stamp on it.( at US)
is this a problem when i go outside US .?
i got my h1b approval(797).
went to india last december.
in the airline, i returned my old i94 instead of the i94 on the 797 form.
came back to US. the immigration officer didnt issued a new i94. i still have the 797 i 94 with me. not sure if that is the reason he didnt issued me a new i94 cause he saw my 797 i94 with me.
also my passport doesnt have a date of entry stamp on it.( at US)
is this a problem when i go outside US .?
more...
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desi3933
08-18 09:12 AM
Gurus,
Sorry.. I just received the letter received from USCIS.. Its mentioned as "NOTICE TO INTENT TO DENY(NOID)".
The reason specified in the letters:
- Section 203(b)(2)(A)
- 8 C.F.R 204.5(l)(3)(ii)(C)
........
Here is the definition from USCIS regulations (refer to 8 CFR �204.5 (k) (2)) for advanced degree equivalency: "Advanced degree means any United States academic or professional degree or a foreign equivalent degree above that of baccalaureate."
The key word here is degree, i.e., singular degree. That means - the beneficiary must have �a degree�, not a combination of degrees. Combination of degrees, therefore, is not permitted for EB-2 Advanced Degree classification.
I have written many times on this issue, please refer to my old posts for more details.
______________
Not a legal advice.
Sorry.. I just received the letter received from USCIS.. Its mentioned as "NOTICE TO INTENT TO DENY(NOID)".
The reason specified in the letters:
- Section 203(b)(2)(A)
- 8 C.F.R 204.5(l)(3)(ii)(C)
........
Here is the definition from USCIS regulations (refer to 8 CFR �204.5 (k) (2)) for advanced degree equivalency: "Advanced degree means any United States academic or professional degree or a foreign equivalent degree above that of baccalaureate."
The key word here is degree, i.e., singular degree. That means - the beneficiary must have �a degree�, not a combination of degrees. Combination of degrees, therefore, is not permitted for EB-2 Advanced Degree classification.
I have written many times on this issue, please refer to my old posts for more details.
______________
Not a legal advice.
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trump_gc
01-08 01:26 PM
Its simple,,fill in form 10c and and form 19 and send it to HR. They should even help you get it direct deposit in to your local account in India. I got mine....it was pain-less. This was not with tcs,,,another company...
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chanduv23
10-09 06:54 AM
We have some excellent volunteers from Long Island and we would want more activity from this area.
Please volunteer for local meetings. PM me if you are interested, I will drive over to your place if we can gather enough crowd and do a meeting
Please volunteer for local meetings. PM me if you are interested, I will drive over to your place if we can gather enough crowd and do a meeting
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NKR
09-30 09:29 AM
Its hard to gauge what they are trying to do here by mentioning that the processing dates are accurate only as of July 31, 2008. But just attempting to make a few guesses. I might be totally wrong though
- May be they are trying to cover up their silly, non-backable acts of swinging Processing Dates back and forth as a pendulum. And hence keep the web posting data perpetually at a older date, so that if some official corners them they can say "Oh, forget the web data, it is out of date. Here's the more updated *internal* info" . But at the same time to the general public , they can point to "Go look at the web data, I can't open a service request for you based on where the processing dates are at" and thus avoid all accountability and head aches of opening service requests etc.
- May be they are going to fast forward the dates now that the PDs are retrogressed and people can't file service requests left and right based on processing dates outside normal processing times.
Dude, you reasoning does makes sense in this thread and in the other thread where people are talking about asking for accountability.
On a side note, I notice that your PD is in 2001 and your id is optimistic. Hope you keep the optimism alive�
Take an infopass appointment to know if your name check is cleared. I did the same, I couldn�t find out what was happening to my case, but I did find out that my background is cleared.
- May be they are trying to cover up their silly, non-backable acts of swinging Processing Dates back and forth as a pendulum. And hence keep the web posting data perpetually at a older date, so that if some official corners them they can say "Oh, forget the web data, it is out of date. Here's the more updated *internal* info" . But at the same time to the general public , they can point to "Go look at the web data, I can't open a service request for you based on where the processing dates are at" and thus avoid all accountability and head aches of opening service requests etc.
- May be they are going to fast forward the dates now that the PDs are retrogressed and people can't file service requests left and right based on processing dates outside normal processing times.
Dude, you reasoning does makes sense in this thread and in the other thread where people are talking about asking for accountability.
On a side note, I notice that your PD is in 2001 and your id is optimistic. Hope you keep the optimism alive�
Take an infopass appointment to know if your name check is cleared. I did the same, I couldn�t find out what was happening to my case, but I did find out that my background is cleared.
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jettu77
05-27 03:15 PM
I would suggest that the letter be sent at the time of filing the second EB2 I 140. This is the way my attorney filed.
jthomas
05-05 06:16 PM
What happens to the GC petition? I guess that is probably also Amit's concern in the long term
- cheers
kris
It totally depends on how much risk one wants to take. If someone's PD is near to approval he may think about getting back to the same position temporary.
I have a canadian PR so i took the risk of taking unemployment benifits.
you can never know when USCIS would be sending a RFE. We guys have been waiting for a long time or some of them still have to wait for a long time. So calculate the risk
Secondly in my field most of the jobs have been moving to China and i don't think my petitioned job would be in US after 2-4 years.
J Thomas
- cheers
kris
It totally depends on how much risk one wants to take. If someone's PD is near to approval he may think about getting back to the same position temporary.
I have a canadian PR so i took the risk of taking unemployment benifits.
you can never know when USCIS would be sending a RFE. We guys have been waiting for a long time or some of them still have to wait for a long time. So calculate the risk
Secondly in my field most of the jobs have been moving to China and i don't think my petitioned job would be in US after 2-4 years.
J Thomas
rajsoni
05-06 09:06 AM
Hi,
My company gave ma a substitution labor and it is having a problem in term of degree.
My I-485 is also pending based on that I-140.
1. Is it possible to apply new labor and I-140 in premium processing and use that new I-140 for previously applied I-485?
2. In substitution labor that person was having 4 years of Bachelor degree and I have 3 years of bachelor degree, lawyer said there is a chance for get approval for I-140 based on substitution labor.
Please advice.
Raj Soni
My company gave ma a substitution labor and it is having a problem in term of degree.
My I-485 is also pending based on that I-140.
1. Is it possible to apply new labor and I-140 in premium processing and use that new I-140 for previously applied I-485?
2. In substitution labor that person was having 4 years of Bachelor degree and I have 3 years of bachelor degree, lawyer said there is a chance for get approval for I-140 based on substitution labor.
Please advice.
Raj Soni
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