immi2006
05-24 10:30 AM
Recently in a IIT meet and IISC meet we came across a huge number of folks in EB2 on GC wait., I was told their numbers exceed 1000 plus through the internal IIT network.. so if they consume X number just in Bay area, what about rest of US. Live happily while you are here, enjoy the weather and do not pin hopes on US. Think that you were fortunate to come here in prime of youth and learnt a thing or two..
Honestly how many points we score really does not matter if the visa country cap is too low. Most of us, coming from India, China etc. score almost the same points and getting TOEFL is a piece of cake if you need to improve your points.
It's pointless to break our heads calculating these points, everything is in limbo right now and the only best advise for new GC aspirants especially those coming from retrogressed countries is locking the priority date by applying LC under the old system.
Honestly how many points we score really does not matter if the visa country cap is too low. Most of us, coming from India, China etc. score almost the same points and getting TOEFL is a piece of cake if you need to improve your points.
It's pointless to break our heads calculating these points, everything is in limbo right now and the only best advise for new GC aspirants especially those coming from retrogressed countries is locking the priority date by applying LC under the old system.
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Wish_Good
10-14 03:04 PM
Hi All,
Right now Iam working with company A.
My old pending labor got approved with my
previous employer. Can I file I-140 from my previous
employer.
Looking into the present situation. Senior's
please give your valuable advice.
Thanks,
Right now Iam working with company A.
My old pending labor got approved with my
previous employer. Can I file I-140 from my previous
employer.
Looking into the present situation. Senior's
please give your valuable advice.
Thanks,
Munna Bhai
01-10 02:46 PM
I filed my I-140 and I-485 concurrently on July 6th, 2007
Not sure how long it will take to get I-140 and _-485 approved. My lawyer says I should hang in there and try to be patient.
My I-140 and I-485 were transferred from Nebraska to California and back to Nebraska in September 2007. September 2007 is the last time that they were transferred, as far as I know.
When I called the USCIS number, the automatic voice operated system said that if my case is still unapproved afer 180 days from the date of the last transfer, then I should call to speak to a customer representative.
So I guess I will have to wait to March 2008 before I can get to speak to anyone about my I-140, if it has not been approved by then.
I am in the EB-3 category.
bump
Not sure how long it will take to get I-140 and _-485 approved. My lawyer says I should hang in there and try to be patient.
My I-140 and I-485 were transferred from Nebraska to California and back to Nebraska in September 2007. September 2007 is the last time that they were transferred, as far as I know.
When I called the USCIS number, the automatic voice operated system said that if my case is still unapproved afer 180 days from the date of the last transfer, then I should call to speak to a customer representative.
So I guess I will have to wait to March 2008 before I can get to speak to anyone about my I-140, if it has not been approved by then.
I am in the EB-3 category.
bump
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roseball
08-03 07:49 PM
If your H1 already expired, you are out of status from the date your H1 ext was denied.....Open a Motion to Reconsider immediately.......
Other option is to find another employer who is willing to file your H1 ASAP. Since the reason for H1 denial was not based on your profile but due to the petitioner, you should get your H1 transfer approved without any issues.....However, its solely upto USCIS whether to transfer your H1 as an extension of stay (I-94 attached) or without an extension (no I-94), in which case you will have to go out of the country, attend the visa interview and re-enter on the new company's H1....If the gap between the H1 denial and new H1 application is small, USCIS generally extends status without any issues.....As currently there is a gap in your H1 status, I dont think you can start working like others do based on the H1 transfer receipt notice......You should immediately consult an attorney and let him handle your case....The key for you is to act fast without any delay. Else, it will jeopardise your 485 application....
Regarding 485, if your current employer is co-operative, then there will be no issues at all....You can just go back to work for him once you get the EAD......File Motion to Re-Open or H1 transfer ASAP....Good luck
Other option is to find another employer who is willing to file your H1 ASAP. Since the reason for H1 denial was not based on your profile but due to the petitioner, you should get your H1 transfer approved without any issues.....However, its solely upto USCIS whether to transfer your H1 as an extension of stay (I-94 attached) or without an extension (no I-94), in which case you will have to go out of the country, attend the visa interview and re-enter on the new company's H1....If the gap between the H1 denial and new H1 application is small, USCIS generally extends status without any issues.....As currently there is a gap in your H1 status, I dont think you can start working like others do based on the H1 transfer receipt notice......You should immediately consult an attorney and let him handle your case....The key for you is to act fast without any delay. Else, it will jeopardise your 485 application....
Regarding 485, if your current employer is co-operative, then there will be no issues at all....You can just go back to work for him once you get the EAD......File Motion to Re-Open or H1 transfer ASAP....Good luck
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tikka
05-29 09:52 PM
Oh I did not know that one person can send webfax for each state.
When I click that link it said "You have already sent it"
I'll check again now
please do
thank you
When I click that link it said "You have already sent it"
I'll check again now
please do
thank you
varshadas
04-21 03:56 PM
I am not sure which location you went to. I went to the infopass in Newark, NJ and I was able to get status on name check. They could not give any other information, but they were able to tell me that my name check was complete.
As mentioned in an earlier post, you can always leverage your Congressman.
Thanks
Varsha
As mentioned in an earlier post, you can always leverage your Congressman.
Thanks
Varsha
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aristotle
07-11 10:59 AM
Hi Folks,
Just thought I'd share with the group, I recently received my I-140 approval. I did it premium processing through the Nebraska service center (I think) and the application was approved in 3 days (!) - submitted 06/25, premium processing fee check cashed 06/26, approval 06/29.
Now if only they had premium processing for I-485s ! (I was impacted by this recent visa bulletin thing unfortunately ... my PD was current in June but now I have to wait till Oct to file I-485 ... sigh).
- GS
Congratulations!! Why didn't you do Concurrent filing in June?
Just thought I'd share with the group, I recently received my I-140 approval. I did it premium processing through the Nebraska service center (I think) and the application was approved in 3 days (!) - submitted 06/25, premium processing fee check cashed 06/26, approval 06/29.
Now if only they had premium processing for I-485s ! (I was impacted by this recent visa bulletin thing unfortunately ... my PD was current in June but now I have to wait till Oct to file I-485 ... sigh).
- GS
Congratulations!! Why didn't you do Concurrent filing in June?
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pushkarw
12-21 01:53 PM
You are a Ray of light my friend. We need more like you to make this place brighter!
Thanks for asking Pushkar. I did.
Thanks for asking Pushkar. I did.
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stemcell
03-07 11:53 PM
Londontown
sorry to hear about your denial.
Regarding my friend, His 140 was denied but he was already on EAD by then.His 485 was not denied ( maybe they were not processing his 485 at that point.He is a july 07 filer under EB3-I). The appeal for 140 denial was filed and it is still pending(8 months now). Meanwhile a 2 yr EAD has been approved.
I am not sure if this process is followed for everyone as each case has its variables.....
hope this helps...
sorry to hear about your denial.
Regarding my friend, His 140 was denied but he was already on EAD by then.His 485 was not denied ( maybe they were not processing his 485 at that point.He is a july 07 filer under EB3-I). The appeal for 140 denial was filed and it is still pending(8 months now). Meanwhile a 2 yr EAD has been approved.
I am not sure if this process is followed for everyone as each case has its variables.....
hope this helps...
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Humhongekamyab
08-21 11:24 AM
once and for all.. the adjudicators dont answer calls. its just cust service people...who are contractors. so if u dont call them.. all they will be doing is sitting around doing nothing.
Stop spreading misinformation. Why do they have 1800 number if the have a same set of person sitting at the US CIS office and the reason why the 1800 ppl do not transfer every call to the US CIS is because they don't want to disturb them. It is exactly because of information like this that the processing is getting delayed. The official stance of the US CIS is that you should contact 1800 number, period. If you have a written/published link which says that the ppl sitting at the service center are NOT adjudicators and are there to provide status updates then kindly share otherwise please do not spread rumours. Further if the IIO are there to provide status updates then why all of a sudden they have stopped doing that?
Stop spreading misinformation. Why do they have 1800 number if the have a same set of person sitting at the US CIS office and the reason why the 1800 ppl do not transfer every call to the US CIS is because they don't want to disturb them. It is exactly because of information like this that the processing is getting delayed. The official stance of the US CIS is that you should contact 1800 number, period. If you have a written/published link which says that the ppl sitting at the service center are NOT adjudicators and are there to provide status updates then kindly share otherwise please do not spread rumours. Further if the IIO are there to provide status updates then why all of a sudden they have stopped doing that?
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micofrost
07-15 01:54 PM
Well, the first statement is true; the second, however is not. When one starts to work on EAD, his/her status changes to AOS, assuming his/her I-485 is pending. So, in this case, she will no longer be considered being on H4.
You can still work on EAD and maintain your H4 as long as you do not go out of the country. If you go out and enter on AP, then you switch back to AOS, no reporting to USCIS is necessary. But if you can still file I-539 and switch back to H4 again.
But on H4 you can still work on EAD, while maintaining your H4 status.
I would ask everyone , pls be careful while responding to someone's querry. And the person asking should also consult a lawyer. In this case, since I am in the same boat, and the advice came from the lawyer. I just got my spouse H4 extended for another 3 years, the after 6 years extension, while she is working on her EAD.
You can still work on EAD and maintain your H4 as long as you do not go out of the country. If you go out and enter on AP, then you switch back to AOS, no reporting to USCIS is necessary. But if you can still file I-539 and switch back to H4 again.
But on H4 you can still work on EAD, while maintaining your H4 status.
I would ask everyone , pls be careful while responding to someone's querry. And the person asking should also consult a lawyer. In this case, since I am in the same boat, and the advice came from the lawyer. I just got my spouse H4 extended for another 3 years, the after 6 years extension, while she is working on her EAD.
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raj2007
02-19 11:00 AM
Consult a good lawyer.
Is your spouse a US citizen? Do you want to use I-130 based greencard option?
After getting I-485 and parole etc., you are legally protected but still it is better to avoid international travel, until it is absolutely essential (deatth etc. but certainly not pleasure trips..).
As you had J1 before, it may be possible to non-cap H1 if that helps with your current job. Your status on J1 was good upto Oct 01, 2007. Current law could pardon up to 180 days of out-of-status days. Beyond that it will be 3 year bar.
Your priority should be:
1. How to avoid this 180 day situation
2. How to maintain status
-by EAD only
-or by H1 (cap or non-cap)
3. How to attain GC
-By I-130 only or
are there other options
If your spouse is a citizen, usually GC will be done in 1 or 2 years.
You need to map out prudent course of actions. Consult lawyer, ask questions, take charge of your unique situation and avoid the mistakes (unwarranted international travel, problem with law enforcement etc.).
Again, a good lawyer will be your best advisor.
His status is fine as he filed AOS. Only issue with travelling abroad.
There days they are very strict and I will not advice to take any risk, if there is 50 50 chance.
Is your spouse a US citizen? Do you want to use I-130 based greencard option?
After getting I-485 and parole etc., you are legally protected but still it is better to avoid international travel, until it is absolutely essential (deatth etc. but certainly not pleasure trips..).
As you had J1 before, it may be possible to non-cap H1 if that helps with your current job. Your status on J1 was good upto Oct 01, 2007. Current law could pardon up to 180 days of out-of-status days. Beyond that it will be 3 year bar.
Your priority should be:
1. How to avoid this 180 day situation
2. How to maintain status
-by EAD only
-or by H1 (cap or non-cap)
3. How to attain GC
-By I-130 only or
are there other options
If your spouse is a citizen, usually GC will be done in 1 or 2 years.
You need to map out prudent course of actions. Consult lawyer, ask questions, take charge of your unique situation and avoid the mistakes (unwarranted international travel, problem with law enforcement etc.).
Again, a good lawyer will be your best advisor.
His status is fine as he filed AOS. Only issue with travelling abroad.
There days they are very strict and I will not advice to take any risk, if there is 50 50 chance.
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sweet23guyin
05-16 12:35 AM
Left messages to all the listed folks.
Hope my voice messages won't end up in Junk category due to my odd hour calls!
Hope my voice messages won't end up in Junk category due to my odd hour calls!
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jthomas
06-11 01:49 PM
I assume you mean "Be prepared for some grilling ....".
I don't see why US would care if I am returning back in a week with a valid GC. I can imagine canadians asking me if I have abandoned my canadian PR status or not.
When i came back from canada the US POE made me wait for 4 hours and asked me questions, whether i am thinking to abandon my US green card application and move to canada etc.. They will check you baggage and later after 2 hours of sincere answers they will let you in. Don't worry too much about it.
In your case you have a US GC in hand i don't know about those issues
I don't see why US would care if I am returning back in a week with a valid GC. I can imagine canadians asking me if I have abandoned my canadian PR status or not.
When i came back from canada the US POE made me wait for 4 hours and asked me questions, whether i am thinking to abandon my US green card application and move to canada etc.. They will check you baggage and later after 2 hours of sincere answers they will let you in. Don't worry too much about it.
In your case you have a US GC in hand i don't know about those issues
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vin13
01-16 01:28 PM
You may be right on that.
But the real question in this case is will the person be subject to yearly cap (lotter system) or be considered as a H1-B transfer kind.
But the real question in this case is will the person be subject to yearly cap (lotter system) or be considered as a H1-B transfer kind.
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bbenhill
11-13 08:51 PM
I believe whenever you apply H1 or H4 in US, you will get new I-94 so you don't need to go outside US.
#3 : no, only show H1B approval from ur spouse.
#4 : I don't know about 60 days rule but this is like chicken and egg situation. to get paid (using H1), you will need to have SSN. if you don't get paid then you are violating ur H1 condition. so I believe the reasonable answer is you have to get SSN and a project so you can get paid and stay using H1B status (if not revert to H4 asap).
#5 : I believe you are not out of status but you are violating H1 condition.
But again, Please check with ur attorney since I am not an attorney.
Sorry if my answers will scare you a bit.
Regards,
I came to USA in March-2009 on H4 visa, I have H4 visa stamp on my passport valid till 2011 which is my husband�s valid H1 date. Then i applied for H1B through one of consulting companies. I got H1B approval in June-2009. I am searching for the project from June-2009 but, don't have project till date. So now i wanted to change my status again from H1B to H4. I believe my H1B is automatically activated on 1st Oct 2009. I still don�t have any paychecks since I did not get the project and haven�t yet applied for SSN.
So my questions are,
1.Can I apply for visa status change from H1B to H4 in USA or
a. I need to go outside USA and reapply for H4 visa in my home country or
b.just go outside USA and enter back with my current H4 on my passport which is valid until 2011?
2. Is there any alternative that I can apply for status change from H1B to H4 immediately in USA to continue my H4 visa again and can get H4 visa stamp in future when I will go outside USA?
3. Do I need to show paystubs from Oct-2009 while applying for H4 COS in USA while filling the form?
4. Is there a 60 day rule during which I need to apply for my SSN? What would happen if I delay applying for my SSN?
5. Under what scenarios and When would I be considered out of status?
Thank You in advance.
Arpu
#3 : no, only show H1B approval from ur spouse.
#4 : I don't know about 60 days rule but this is like chicken and egg situation. to get paid (using H1), you will need to have SSN. if you don't get paid then you are violating ur H1 condition. so I believe the reasonable answer is you have to get SSN and a project so you can get paid and stay using H1B status (if not revert to H4 asap).
#5 : I believe you are not out of status but you are violating H1 condition.
But again, Please check with ur attorney since I am not an attorney.
Sorry if my answers will scare you a bit.
Regards,
I came to USA in March-2009 on H4 visa, I have H4 visa stamp on my passport valid till 2011 which is my husband�s valid H1 date. Then i applied for H1B through one of consulting companies. I got H1B approval in June-2009. I am searching for the project from June-2009 but, don't have project till date. So now i wanted to change my status again from H1B to H4. I believe my H1B is automatically activated on 1st Oct 2009. I still don�t have any paychecks since I did not get the project and haven�t yet applied for SSN.
So my questions are,
1.Can I apply for visa status change from H1B to H4 in USA or
a. I need to go outside USA and reapply for H4 visa in my home country or
b.just go outside USA and enter back with my current H4 on my passport which is valid until 2011?
2. Is there any alternative that I can apply for status change from H1B to H4 immediately in USA to continue my H4 visa again and can get H4 visa stamp in future when I will go outside USA?
3. Do I need to show paystubs from Oct-2009 while applying for H4 COS in USA while filling the form?
4. Is there a 60 day rule during which I need to apply for my SSN? What would happen if I delay applying for my SSN?
5. Under what scenarios and When would I be considered out of status?
Thank You in advance.
Arpu
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TeddyKoochu
01-24 10:14 AM
TeddyKoochu, based on the 2010 report, can we estimate what the total EB quota would be for 2011?
We are back to 140K, refer to demand data. This year both EB1 and EB2 are showing much lower consumption the dates will definitely move into 2007.
We are back to 140K, refer to demand data. This year both EB1 and EB2 are showing much lower consumption the dates will definitely move into 2007.
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wandmaker
09-03 03:33 PM
what if the company revokes the I140 ??? Do i still hold the original priority date . I have checked out various forums and it seems there seems to be some confusion regarding the I140 revocation aspect.
Any pointers would be highly appreciated-
thnx
-A
You loose your PD. BTW, please update your profile.
Any pointers would be highly appreciated-
thnx
-A
You loose your PD. BTW, please update your profile.
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krish.d.rao
07-25 10:39 PM
you can use AC21 even if your I140 is not approved, provided your GC sponsoring employer does not revoke it. I am speaking from personal experience.
I was stuck in the same job for 7 years and changed jobs after 180 days of filing my 485. At that time my I140 had been pending for 12 months but i took a chance. Later i got an RFE on my I140 (experience letters) but it was approved a few days after i sent in the required information.
The job description was the same although my new salary was about twice the amount mentoned in my labor. AC21 provision was created keeping in mind the extensive backlogs so if you have a good relation with your present employer go ahead and make use of it.
I was stuck in the same job for 7 years and changed jobs after 180 days of filing my 485. At that time my I140 had been pending for 12 months but i took a chance. Later i got an RFE on my I140 (experience letters) but it was approved a few days after i sent in the required information.
The job description was the same although my new salary was about twice the amount mentoned in my labor. AC21 provision was created keeping in mind the extensive backlogs so if you have a good relation with your present employer go ahead and make use of it.
mhathi
02-03 05:10 PM
Tomplate,
My lawyer had also asked me to keep 485 receipt and EAD with me, but I was not asked to show anything but my passport and the AP documents. They did not even ask for 485 receipts.
Unfortunately I know this does not answer your question fully, but hope it helps even if a bit!
My lawyer had also asked me to keep 485 receipt and EAD with me, but I was not asked to show anything but my passport and the AP documents. They did not even ask for 485 receipts.
Unfortunately I know this does not answer your question fully, but hope it helps even if a bit!
sanju_dba
08-30 12:39 PM
I read SKIL bill and it refers to "Exempts U.S.-educated professionals with advanced degrees". I Do not see why an online master degree does not fit in here. Maybe I am missing something :)
This is an excerpt of Section 201.
Section 201. United States Educated Immigrants. Exempts U.S.-educated professionals with advanced degrees and those who have been awarded a medical specialty certification based on post-doctoral training and experience
in the United States from the annual green card (i.e. immigrant visa) cap.
Yea, If(let say) most of the applicants are US-Educated professionals, then its most likely less applicants gets adjusted under VisaCap, so its a good news on either side!
This is an excerpt of Section 201.
Section 201. United States Educated Immigrants. Exempts U.S.-educated professionals with advanced degrees and those who have been awarded a medical specialty certification based on post-doctoral training and experience
in the United States from the annual green card (i.e. immigrant visa) cap.
Yea, If(let say) most of the applicants are US-Educated professionals, then its most likely less applicants gets adjusted under VisaCap, so its a good news on either side!