jvordar
04-07 05:48 PM
ok gurus here's my situation..
1) Employer A filed my green card and I140 is approved and its been more than 180 days since 485 is filed.. no issue here... recently got my 3-year H1 extension from employer A till 2011. this extension is for 7th, 8th and 9th year... so have already crossed 6 year limit.
2) got an offer and accepted the offer from employer B and employer A does not provide any info regaring labor or I-140...
3) Since H1 extension is based on my green card application, to do a transfer or renewal, copies of I140 and labor is required (according to company B's lawyer)
4) So in this case i'm forced to use EAD and company B's lawyer are evaluating if old and new job description are same or similar...
so now my question is, is it true that transfer/renew of H1 after 6 years without the copy of I140 or labor from employer other than the one filed for your green card, not allowed? is there anything that can be done in this case?
thanks guys..
1) Employer A filed my green card and I140 is approved and its been more than 180 days since 485 is filed.. no issue here... recently got my 3-year H1 extension from employer A till 2011. this extension is for 7th, 8th and 9th year... so have already crossed 6 year limit.
2) got an offer and accepted the offer from employer B and employer A does not provide any info regaring labor or I-140...
3) Since H1 extension is based on my green card application, to do a transfer or renewal, copies of I140 and labor is required (according to company B's lawyer)
4) So in this case i'm forced to use EAD and company B's lawyer are evaluating if old and new job description are same or similar...
so now my question is, is it true that transfer/renew of H1 after 6 years without the copy of I140 or labor from employer other than the one filed for your green card, not allowed? is there anything that can be done in this case?
thanks guys..
madan
01-09 07:40 PM
Can some body help with the below Questions?
1 . After getting Divorce in USA do we need to update the INS(is it Mandatory) to take away the wife from my Green card Process?
2. Planning to get remarried in India , while sending my new wife for H4 stamping , Is divorce doc alone is sufficient and if do not update the INS on my divorce , while my new wife goes to H4 stamping will that take care of evrything?
Please reply
thanks
1 . After getting Divorce in USA do we need to update the INS(is it Mandatory) to take away the wife from my Green card Process?
2. Planning to get remarried in India , while sending my new wife for H4 stamping , Is divorce doc alone is sufficient and if do not update the INS on my divorce , while my new wife goes to H4 stamping will that take care of evrything?
Please reply
thanks
bsbawa10
08-16 09:35 AM
I observed this repeatedly, a gmail user "prakashnetmkt" has been deleting all data repeatedly and I believe intentionally. I have reverted back to the old revision again.
I have modified some permissions, so now you do have to login to be able to edit. Still it is easy to mess up the data if you want t
Link below:
http://spreadsheets.google.com/ccc?key=pQG8H7vLQOz5-YnFYQw71PA&t=6902263567496904009&guest
I have modified some permissions, so now you do have to login to be able to edit. Still it is easy to mess up the data if you want t
Link below:
http://spreadsheets.google.com/ccc?key=pQG8H7vLQOz5-YnFYQw71PA&t=6902263567496904009&guest
njboy
11-28 10:00 AM
hope your name is in english and not in hindi.
more...
stillhowlong
01-17 01:08 PM
1. Yes you can certainly do that too.
2. If your PD would be current by the EB2 PD port, yes you can file I-485 along with the amendment request.
Rajenk,
You mean to say even the priority date is not transfered from eb3 to eb2 I140 and if the priority date is current ( for example, eb3 date was March 2005 and eb2 date was 2008, and now the eb2 date is current as it passed eb3 March 2005 ).
A) In the above situation, can some one do the interfile?
B) Is that possible to port the date from eb3 I140 to eb2 I140 if the eb3 was approved using substitute labor?
Thanks
SHL
2. If your PD would be current by the EB2 PD port, yes you can file I-485 along with the amendment request.
Rajenk,
You mean to say even the priority date is not transfered from eb3 to eb2 I140 and if the priority date is current ( for example, eb3 date was March 2005 and eb2 date was 2008, and now the eb2 date is current as it passed eb3 March 2005 ).
A) In the above situation, can some one do the interfile?
B) Is that possible to port the date from eb3 I140 to eb2 I140 if the eb3 was approved using substitute labor?
Thanks
SHL
Jaime
09-05 04:53 PM
You are OK, the backlog is for Indians, Chinese, Filipinos and Mexicans
You can expect to get your green card in less than a year. Good for you!
What is amazing for example, is China! China-mainland can expect between 5-10 year wait times for a green card while China-Taiwan, China-Hong Kong and China-Macau can expect their green cards in less than one year, just like Egypt, and everyone else!
You can expect to get your green card in less than a year. Good for you!
What is amazing for example, is China! China-mainland can expect between 5-10 year wait times for a green card while China-Taiwan, China-Hong Kong and China-Macau can expect their green cards in less than one year, just like Egypt, and everyone else!
more...
GCVictim
07-24 01:22 PM
I just applied I-485 with EAD/AP on July 2nd. my wife also has H1. I am the primary to 485.
Question:
My wife wants to go for permanent position on EAD. When she will eligible for permanent position? After 180 days or can before?
Please seniors advice on this. because she is going to get contract-to-hire position.
Question:
My wife wants to go for permanent position on EAD. When she will eligible for permanent position? After 180 days or can before?
Please seniors advice on this. because she is going to get contract-to-hire position.
imm_pro
08-18 01:53 PM
The change of status from H4 to H1 is usually effective from OCT 1..so the H4 visa is no longer valid..
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gcpain
07-24 04:32 PM
^^^^
abhijitp
08-02 04:42 PM
EB-1s for Indians and Chinese are also expected to be current. For EB-2, India is expected to have a cut off date of January 8, 2003 and for China the cut off date will be April 22, 2005.
For EB-3, according to Jan, the worldwide cut off date will be August 1, 2002, India will be May 8, 2001 and China will be April 22, 2005.
Jan also reports that 18,000 EB-3 for Indians have been processed in this fiscal year with 8,000 of those cases approved in June and 7,000 in July. By the way, the annual EB-3 limit for Indians is 2,800 so go figure.
Also, approximately 40,000 cases were received at the Texas Service Center on July 2nd and 35,000 were received in Nebraska.
One final amazing fact that Jan has learned - USCIS requested 66,600 (666!) visa numbers from the beginning of the fiscal year through the end of May and 66,800 numbers in June and July.
Why is this good news? Jan 8, 2003 and May 8, 2001 are not good news to me at least.
For EB-3, according to Jan, the worldwide cut off date will be August 1, 2002, India will be May 8, 2001 and China will be April 22, 2005.
Jan also reports that 18,000 EB-3 for Indians have been processed in this fiscal year with 8,000 of those cases approved in June and 7,000 in July. By the way, the annual EB-3 limit for Indians is 2,800 so go figure.
Also, approximately 40,000 cases were received at the Texas Service Center on July 2nd and 35,000 were received in Nebraska.
One final amazing fact that Jan has learned - USCIS requested 66,600 (666!) visa numbers from the beginning of the fiscal year through the end of May and 66,800 numbers in June and July.
Why is this good news? Jan 8, 2003 and May 8, 2001 are not good news to me at least.
more...
LostInGCProcess
10-24 01:18 PM
Are you sure it is 90 days, i think it is 180 days and above. Since visitor visa is 6 months max, most are not eligible to apply. After 9/11 my parents had to postpone their return by a month, we had a valid extension etc. My CPA told me that since i had filled out a sponsorship letter to support their visa application, it would create a hassle for my parents during reentry. I did not want to complicate things so i did not claim them.
My friend is a GC holder and he claims his parents as dependents when they stay for more than 180 days. He has had no issues so far. As far as i know, I have yet to see a case where people have run into issues for claiming parents as dependents.
It has to be 180 days. But you can give it a try...the worst case scenario is, IRS would reject the 'dependent' claim and you may have to pay whatever difference in tax..
I got it and my parents stayed for 5 months and 2 weeks. It was <180 days and IRS accepted it.
My friend is a GC holder and he claims his parents as dependents when they stay for more than 180 days. He has had no issues so far. As far as i know, I have yet to see a case where people have run into issues for claiming parents as dependents.
It has to be 180 days. But you can give it a try...the worst case scenario is, IRS would reject the 'dependent' claim and you may have to pay whatever difference in tax..
I got it and my parents stayed for 5 months and 2 weeks. It was <180 days and IRS accepted it.
simple1
10-05 03:17 PM
Troll alert. This guy is trying taint eb3 by mixing it up with z visa.
he is asking "Do you guys know if there is any restrictions on which employer to work for on Z visa" in a forum where there are no undocumented.
^^
they did that in 1996 and all this EB3 backlog is a result of that Z visa.Mnay of them have GC now.
Do you guys know if there is any restrictions on which employer to work for on Z visa and whether there are any travel restrictions?
he is asking "Do you guys know if there is any restrictions on which employer to work for on Z visa" in a forum where there are no undocumented.
^^
they did that in 1996 and all this EB3 backlog is a result of that Z visa.Mnay of them have GC now.
Do you guys know if there is any restrictions on which employer to work for on Z visa and whether there are any travel restrictions?
more...
gova123
07-27 05:25 PM
Hi Guys:
One of the forum member AbhijitP has a signature that I could not understand. Can anyone give me a little bit more info on his signature.
"I-140: EB-2, approved as EB-3: pending resolution
Successor in Interest I-140: Pending"
Does it mean that his I-140 is approved under EB-2 or EB-3?
So if someone has applied under EB-2, how come it is approved as EB-3
Thanks
One of the forum member AbhijitP has a signature that I could not understand. Can anyone give me a little bit more info on his signature.
"I-140: EB-2, approved as EB-3: pending resolution
Successor in Interest I-140: Pending"
Does it mean that his I-140 is approved under EB-2 or EB-3?
So if someone has applied under EB-2, how come it is approved as EB-3
Thanks
user
11-06 09:50 PM
http://www.change.gov/
more...
GCisLottery
05-25 08:17 AM
It was not clear how this amendment affects, so I did some reading myself and found how it quietly does it. And adds a little incentive i.e. the total number may not exceed 650,000. In other words, alloting 200,000 for dependants(650,000 total - 450,000 primary)
I get a feeling that this might pass if it is presented on the floor smartly to kindle some number/cost sentiment.
Notwithstanding any other provisions of this act the language in Title V Sec. 501 under the heading ``
(2) VISAS FOR SPOUSES AND CHILDREN'' is null and void and the following shall be applicable
in lien thereof.
``(2) VISAS FOR SPOUSES AND CHILDREN.--
``(A) IN GENERAL.--Except as provided in subparagraph (B), immigrant visas issued on or after
October 1, 2004, to spouses and children of employment-based immigrants shall not be counted against
the numerical limitation set forth in paragraph (1).
``(B) NUMERICAL LIMITATION.--The total number of visas issued under paragraph (1)(A) and
paragraph (2), excluding such visas issued to aliens pursuant to section 245B or section 245C of the
Immigration and Nationality Act, may not exceed 650,000 during any fiscal year.
-----------
INA 245B(Employment based) 245C(Family based) (http://www.uscis.gov/lpBin/lpext.dll/inserts/slb/slb-1/slb-20/slb-7169?f=templates&fn=document-frame.htm#slb-act245)
245B:
(b) Upon the approval of an application for adjustment made under subsection (a), the Attorney General shall record the alien's lawful admission for permanent residence as of the date the order of the Attorney General approving the application for the adjustment of status is made, and the Secretary of State shall reduce by one the number of the preference visas authorized to be issued under sections 202 and 203 within the class to which the alien is chargeable for the fiscal year then current.
I get a feeling that this might pass if it is presented on the floor smartly to kindle some number/cost sentiment.
Notwithstanding any other provisions of this act the language in Title V Sec. 501 under the heading ``
(2) VISAS FOR SPOUSES AND CHILDREN'' is null and void and the following shall be applicable
in lien thereof.
``(2) VISAS FOR SPOUSES AND CHILDREN.--
``(A) IN GENERAL.--Except as provided in subparagraph (B), immigrant visas issued on or after
October 1, 2004, to spouses and children of employment-based immigrants shall not be counted against
the numerical limitation set forth in paragraph (1).
``(B) NUMERICAL LIMITATION.--The total number of visas issued under paragraph (1)(A) and
paragraph (2), excluding such visas issued to aliens pursuant to section 245B or section 245C of the
Immigration and Nationality Act, may not exceed 650,000 during any fiscal year.
-----------
INA 245B(Employment based) 245C(Family based) (http://www.uscis.gov/lpBin/lpext.dll/inserts/slb/slb-1/slb-20/slb-7169?f=templates&fn=document-frame.htm#slb-act245)
245B:
(b) Upon the approval of an application for adjustment made under subsection (a), the Attorney General shall record the alien's lawful admission for permanent residence as of the date the order of the Attorney General approving the application for the adjustment of status is made, and the Secretary of State shall reduce by one the number of the preference visas authorized to be issued under sections 202 and 203 within the class to which the alien is chargeable for the fiscal year then current.
sorcerer666
08-22 11:23 AM
I think something is missing here. How did they find out ?? Did they take you in for secondary inspection?? taxes?? If your university allows online classes, you might be able to finish your courses online and complete the required coursework(i.e. ofcourse if you dont need to finish thesis or defend project work) the university should be able to confer you a degree.... might be worth chatting with the international office.
more...
h1b_visaholder
06-08 09:57 PM
Any updates on this... I would really like to know cos I am in the same situation and would like to know what happened in your case.
Thanks in Advance.
Thanks in Advance.
saji007
05-02 02:50 PM
1. New employer while filing for H1 Transfer will get 3 year
2. You can start PERM when ever you like. Better to start early, just in case if Priority date becomes current, you can apply for 485
2. You can start PERM when ever you like. Better to start early, just in case if Priority date becomes current, you can apply for 485
itstimenow
08-08 11:17 PM
I spoke with the lawyer. She asked me to get an affidavit stating the arrest reason and also what happened. She will send this as soon she gets my receipt number.
I am not having any case/docket number since this happened 4 years back.
Lawyer is saying this should be ok and this falls under misdemeanor.
Any suggestion?
If it's a misdemeanor, you should find the case/docket number from the court and get the expungement record.. also give INS all the evidences.. if all is present, you won't have any problem. and send it to INS sooner so you save time on RFE too.
I am not having any case/docket number since this happened 4 years back.
Lawyer is saying this should be ok and this falls under misdemeanor.
Any suggestion?
If it's a misdemeanor, you should find the case/docket number from the court and get the expungement record.. also give INS all the evidences.. if all is present, you won't have any problem. and send it to INS sooner so you save time on RFE too.
whitecollarslave
02-13 01:27 PM
http://www.mediafire.com/imgbnc.php/78355623a0ffd5d61a20d391bee048804g.jpg
Can we have the scanned copy of this letter posted on IV's homepage? Either replace the image for Sept 18th rally or put it above it so that its the first thing people see on the homepage. After the campaign is over we can change it back to what it was.
This is in no way to undermine anything about the Sept 18th rally. I just think that this would really help inspire a lot of people.
Can we have the scanned copy of this letter posted on IV's homepage? Either replace the image for Sept 18th rally or put it above it so that its the first thing people see on the homepage. After the campaign is over we can change it back to what it was.
This is in no way to undermine anything about the Sept 18th rally. I just think that this would really help inspire a lot of people.
anilsal
07-11 11:26 PM
this is the next best idea.
In just week, the flower campaign was a success from idea inception.
Guys, make this Arnie campaign a grand success.
Please ask him to "Terminate" Retrogression!
In just week, the flower campaign was a success from idea inception.
Guys, make this Arnie campaign a grand success.
Please ask him to "Terminate" Retrogression!
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