godbless
01-10 02:22 PM
Guys:
Any news when this would be out and what to expect..??
Good Luck..
May be on Friday. Usually it is on Fridays only.
Any news when this would be out and what to expect..??
Good Luck..
May be on Friday. Usually it is on Fridays only.
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pom
10-04 07:40 PM
Ouh, neato! But I don't like the Kirupaforum thing at the bottom :-\
maverick80
02-11 06:40 AM
I was talking to an attorney over the phone today and she said that PERM can be filed followed by 140 even if I am outside the country (working for an overseas department of the company) and I can come back on L1 / H1B, because GC is for future employment.
We were discuussing this because I was concerned that I may not be able to file H1 extension if the PERM is not filed 365 days before H1 extension.
This would be totally awesome coz I would love to work in some other country for a while.
Is this really true? (seems too good to be considering that everything else seems stacked up against us). Oh, if it matters to the discussion: I'm in EB2/India/retrogressed ad infinitum.
We were discuussing this because I was concerned that I may not be able to file H1 extension if the PERM is not filed 365 days before H1 extension.
This would be totally awesome coz I would love to work in some other country for a while.
Is this really true? (seems too good to be considering that everything else seems stacked up against us). Oh, if it matters to the discussion: I'm in EB2/India/retrogressed ad infinitum.
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pbuckeye
08-23 10:34 AM
Hi
I am currently on H1b and I have applied for an extension around July 14th. My i-94 is expiring on
Sept 20th. My husband is currently on F-1. I wanted to find out in case my H1b visa is rejected, will
I have to immediately leave the country. Would it be possible for me to convert to F-2 while being in US
in case my H1-B gets rejected?
If the rejection comes after the I-94 expiry date then theoretically yes. However, check with an attorney on any "grace period" (sometimes the denial notice mentions 10 days or 30 days).
You can convert to F2 as long as you have not applied for I-140 (shown immigrant intent).
You can also file a new H1B or file a "motion to reconsider" if you have new supporting documents or a change in circumstances.
Good luck with the extension.
I am currently on H1b and I have applied for an extension around July 14th. My i-94 is expiring on
Sept 20th. My husband is currently on F-1. I wanted to find out in case my H1b visa is rejected, will
I have to immediately leave the country. Would it be possible for me to convert to F-2 while being in US
in case my H1-B gets rejected?
If the rejection comes after the I-94 expiry date then theoretically yes. However, check with an attorney on any "grace period" (sometimes the denial notice mentions 10 days or 30 days).
You can convert to F2 as long as you have not applied for I-140 (shown immigrant intent).
You can also file a new H1B or file a "motion to reconsider" if you have new supporting documents or a change in circumstances.
Good luck with the extension.
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immilaw
09-14 08:51 AM
Here is my situation.....
My EB3 140 approved with priority date 01June2002 --> Company A
My EB2 140 pending with priority date 10May2006 -->Company A (different title...future position)
Can i port my EB3 priority date (June 2002) to EB2 application & apply I-485?.If i do, will my EB3 140 gets invalid?.I will need to file 3 year H1B extn(in Oct) based on my approved EB3 application & don't want to loose my approved 140.
Thanks in advance for your help.
The portability of I-140 priority date should be done at the time the I-140 is filed. So when your EB-2 I-140 was filed, you should have requested it at that time. There is a column on the Form I-140 which asks if an I-140 was ever approved on behalf of the beneficiary.
Why don't your file your H-1B extension now using Premium Processing? It will be approved for 3 years in 10-15 days then then you can think about porting your EB-2 priority date to EB-3.
My EB3 140 approved with priority date 01June2002 --> Company A
My EB2 140 pending with priority date 10May2006 -->Company A (different title...future position)
Can i port my EB3 priority date (June 2002) to EB2 application & apply I-485?.If i do, will my EB3 140 gets invalid?.I will need to file 3 year H1B extn(in Oct) based on my approved EB3 application & don't want to loose my approved 140.
Thanks in advance for your help.
The portability of I-140 priority date should be done at the time the I-140 is filed. So when your EB-2 I-140 was filed, you should have requested it at that time. There is a column on the Form I-140 which asks if an I-140 was ever approved on behalf of the beneficiary.
Why don't your file your H-1B extension now using Premium Processing? It will be approved for 3 years in 10-15 days then then you can think about porting your EB-2 priority date to EB-3.
milind70
09-27 08:01 AM
Hi,
I have applied for I-140,I-485 and I-765 on 16th of Aug'07,dint get the receipt yet. I would be leaving to India this month and would return only in Feb'08.
My major concerns are:
1. once I get the notice for FingerPrints, can I reschedule it to Feb'08.
Is it advisable.
OR
2. Do I have an option of getting my FingerPrint done at any consulate in India.
Any help would be appreciated.
Thanks
Option 1
I am not sure that you would be allowed to do finger printing at American consulate in India.
I have applied for I-140,I-485 and I-765 on 16th of Aug'07,dint get the receipt yet. I would be leaving to India this month and would return only in Feb'08.
My major concerns are:
1. once I get the notice for FingerPrints, can I reschedule it to Feb'08.
Is it advisable.
OR
2. Do I have an option of getting my FingerPrint done at any consulate in India.
Any help would be appreciated.
Thanks
Option 1
I am not sure that you would be allowed to do finger printing at American consulate in India.
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Queen_of_Sheeba
05-07 01:24 AM
wow that was quick! I hope you're right that the Master's cap isn't related to the educational level of the job. On the other hand, I just talked to a friend who was sponsored by a big company that does heaps of h-1b's, and they got him to apply under the regular cap so it would be easier...
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amyleu
06-18 12:50 PM
I filed the Labor Certification since September, 07 and got audited in November, 07. The response was sent to DOL in November, 07. I have not heard anything since then. Also, my H1B visa expired in the early of May, 08. I left US on April 28, 08. I�m very frustrated and depressed, and the lawyer is very unhelpful. I got questions as follows:
1) Should I refile the Labor Certification with my current employer in the new position? How about the audit? Should I request to DOL to withdraw the application first and refile the new one? Will my PD be changed according to the new filing date?
2) What would be the best way about H1B visa? I was out of US for one and a half month during these 6 years of H1B period. I heard that the vacation can be recapped, and I will be able to go back to US in the mid of July, 08 due to the pending PERM application for 365 days. In this case, should I start filing the H1B recapture with the H1 Extension now since my application will be pending for a year by the mid of July, 08 (include one and a half month times out of US). Otherwise, should I wait and start the application in the mid of July, 08?
3) If my Labor Certification is pending again till the end of one year extension (in the case of getting the approval on one year extension), do I have to leave US again?
4) I wonder if I should wait outside US for a year until the early of May, 09. Then, reapply the new 6 year- H1B visa again. Can my current employer do that for me? Would it be the better option comparing to the H1B recapture and H1B extension? In the case of starting the new application, when should I start the application? I heard the new H1B cap usually starts around the early of April and will be filled up within a couple days. Also, I have to wait for one year prior to applying for a new H1B, counting the day that my visa expired. So, does it mean that I have to wait till the early of May, 09 to be eligible to send the H1B application since the application will be rejected from USCIS in the case of submitting it prior to the early of May, 09 (one year rule)? Will the cap be filled up by then and what will I do?
Anybody, please advise. Thank you very much.
1) Should I refile the Labor Certification with my current employer in the new position? How about the audit? Should I request to DOL to withdraw the application first and refile the new one? Will my PD be changed according to the new filing date?
2) What would be the best way about H1B visa? I was out of US for one and a half month during these 6 years of H1B period. I heard that the vacation can be recapped, and I will be able to go back to US in the mid of July, 08 due to the pending PERM application for 365 days. In this case, should I start filing the H1B recapture with the H1 Extension now since my application will be pending for a year by the mid of July, 08 (include one and a half month times out of US). Otherwise, should I wait and start the application in the mid of July, 08?
3) If my Labor Certification is pending again till the end of one year extension (in the case of getting the approval on one year extension), do I have to leave US again?
4) I wonder if I should wait outside US for a year until the early of May, 09. Then, reapply the new 6 year- H1B visa again. Can my current employer do that for me? Would it be the better option comparing to the H1B recapture and H1B extension? In the case of starting the new application, when should I start the application? I heard the new H1B cap usually starts around the early of April and will be filled up within a couple days. Also, I have to wait for one year prior to applying for a new H1B, counting the day that my visa expired. So, does it mean that I have to wait till the early of May, 09 to be eligible to send the H1B application since the application will be rejected from USCIS in the case of submitting it prior to the early of May, 09 (one year rule)? Will the cap be filled up by then and what will I do?
Anybody, please advise. Thank you very much.
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walking_dude
08-16 02:23 PM
Chintu25,
I've joined the Google group. I'm unable to attend Sep 18th rally due to personal reasons. But willing to help in whatever other ways I can.
I've joined the Google group. I'm unable to attend Sep 18th rally due to personal reasons. But willing to help in whatever other ways I can.
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factoryman
06-19 03:36 PM
It is their error and mistake. There is no time to correct. So, officer should understand.
becuase, his / her previous approval notices / I-94 copy on approval notice - the lower left part and I-94 the lower right part should have correct start and end dates. he can carry them.
In my son's I-94, the one previous to the lat/latest one, his country of citizenship was notes as Oman (and not India). During the last renwal, it was corrected to India. My attorney placed a note.
I went to Vancouver, BC in March 07 and got H1s stamped.
Any other experiences. Please, take a moment and share.
Hi all,
This is for my friend who got his 3 year H1- B extension recently.
He planned to visit India for stamping and already booked the air ticket + consulate appointment.
But the Visa validity start date in his I-797A is incorrect. He joined this company only in 2006 but the start date shown in I-797A is sometime in 2001.
Though the END date is correct, Is it going to cause any problem in his Visa stamping?
He got only 2 weeks to fly and skeptical about the turnaround timeframe to file for correction.
His lawyer says it is a very minor problem and will not affect the visa stamping.
Please share any similar experiences / ideas.
Thanks a lot
becuase, his / her previous approval notices / I-94 copy on approval notice - the lower left part and I-94 the lower right part should have correct start and end dates. he can carry them.
In my son's I-94, the one previous to the lat/latest one, his country of citizenship was notes as Oman (and not India). During the last renwal, it was corrected to India. My attorney placed a note.
I went to Vancouver, BC in March 07 and got H1s stamped.
Any other experiences. Please, take a moment and share.
Hi all,
This is for my friend who got his 3 year H1- B extension recently.
He planned to visit India for stamping and already booked the air ticket + consulate appointment.
But the Visa validity start date in his I-797A is incorrect. He joined this company only in 2006 but the start date shown in I-797A is sometime in 2001.
Though the END date is correct, Is it going to cause any problem in his Visa stamping?
He got only 2 weeks to fly and skeptical about the turnaround timeframe to file for correction.
His lawyer says it is a very minor problem and will not affect the visa stamping.
Please share any similar experiences / ideas.
Thanks a lot
more...
newlab
08-18 07:33 PM
Hi All,
****** I have searched all related posts but could not find an answer ********
I have applied my labor in EB3 category. As i am qualified for the senior position i have asked my management for the next level. so that i can apply in EB2 and get the priority data transferred from EB3 application.
with the July fiasco applied I485 with the EB3 application. Now my management is working to promote me from software dev to Sr software developer. Should i accept the promotion? my job responsibilites will be same with additional responsibilities. What will happen to my i-485 application if i take the promotion?
Thank you.
****** I have searched all related posts but could not find an answer ********
I have applied my labor in EB3 category. As i am qualified for the senior position i have asked my management for the next level. so that i can apply in EB2 and get the priority data transferred from EB3 application.
with the July fiasco applied I485 with the EB3 application. Now my management is working to promote me from software dev to Sr software developer. Should i accept the promotion? my job responsibilites will be same with additional responsibilities. What will happen to my i-485 application if i take the promotion?
Thank you.
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rheoretro
10-03 12:06 PM
The only other thing I think should be stressed is that we are already H1-b holders, already applied for green cards, so not taking any more jobs away from USCs. All we are asking for is expedited processing of our already filed applications.
Then Numbersusa or other anti-immigration groups have no points to raise against us
NYCgal369,
An H1-B never takes a job away from a US citizen...I know you know this, and meant it, but please amend your post, so that our friends on the other side don't start using our words disingenuously against us. As for the point that you brought up, I drove home that point repeatedly at an event in Washington, DC last Friday: we have already applied for our green cards.
Best,
RR.
Then Numbersusa or other anti-immigration groups have no points to raise against us
NYCgal369,
An H1-B never takes a job away from a US citizen...I know you know this, and meant it, but please amend your post, so that our friends on the other side don't start using our words disingenuously against us. As for the point that you brought up, I drove home that point repeatedly at an event in Washington, DC last Friday: we have already applied for our green cards.
Best,
RR.
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shreekhand
02-22 08:41 PM
After Employment Green Card wait 5 years.
After Family Green Card wait 3 years only
Why?
Why Family Green Card less wait time?
not true.
And it is 3 years for spouses starts after 2 years of conditional residence
Again, incorrect.
It is is 5 years for all Family based except marriage to US Citizen (where it is 3 years).
It is NOT 3 years after conditional residence - It is a total of 3 years.
Go check USCIS publication M-476 to enlighten yourselves.
After Family Green Card wait 3 years only
Why?
Why Family Green Card less wait time?
not true.
And it is 3 years for spouses starts after 2 years of conditional residence
Again, incorrect.
It is is 5 years for all Family based except marriage to US Citizen (where it is 3 years).
It is NOT 3 years after conditional residence - It is a total of 3 years.
Go check USCIS publication M-476 to enlighten yourselves.
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mjdup
10-19 10:49 AM
Just in case someone might find this useful --
I had appeared for my visa stamping (9th year extension). It went fine. I'd used these forums to collect all the needed info so thanks to everyone ! I was little nervous but had no choice because my company had sent me for a business trip. At the consulate, security was very good. They even had places to leave your belongings. I saw people come in with cellphones, keys etc and they were check them in the security. Once through the security initial check ups took place where they put the needed documents in a file.
- At this point the person checking my docs marked red on the section where I had marked that my sibling was permanent resident.
- went to the first window where the officer checked for PIMS and wrote "no PIMS" (again in red) on my ds156 form. He asked couple of questions about where I work and then the finger print formality.
- waited for a while and finally I was called for the interview. The VO asked about my job, degree and what my role was at the company. I work for very large fortune 500 company and our division in Germany is well known.
- She left couple of times to check my PIMS records and finally told me that your visa will be approved and sent in 3-5 business days. That's how they do it consulates in Germany. You are not allowed to come and collect the passports.
- But, then she again checked my degree (EE) and mentioned that they may have to do some additional processing and will get back to me.
- But, she kept the passport and other docs so I was confident that it is only for PIMS verification. After 3 days I got back my passport with stamping. I provided all the answers with confidence and very legibly.
We just have to do what we have to do and leave the rest to whatever happens. I'd prepared everything before my trip in case I've go to India and get stamped (I'm getting tired of these long and stressful procedures, I was the only one with some many docs whereas others walked in with few sheets, go figure !).
Anyway, everything went well! Please let me know if any of you have questions and good luck to all. Hope none of us have to get stuck in the PIMS mess. Also, the PIMS process seems to have been cleaned up. Because of large amount of complaints looks like they are clearing it faster and providing the decision back to consulates much faster.
Adios.
I had appeared for my visa stamping (9th year extension). It went fine. I'd used these forums to collect all the needed info so thanks to everyone ! I was little nervous but had no choice because my company had sent me for a business trip. At the consulate, security was very good. They even had places to leave your belongings. I saw people come in with cellphones, keys etc and they were check them in the security. Once through the security initial check ups took place where they put the needed documents in a file.
- At this point the person checking my docs marked red on the section where I had marked that my sibling was permanent resident.
- went to the first window where the officer checked for PIMS and wrote "no PIMS" (again in red) on my ds156 form. He asked couple of questions about where I work and then the finger print formality.
- waited for a while and finally I was called for the interview. The VO asked about my job, degree and what my role was at the company. I work for very large fortune 500 company and our division in Germany is well known.
- She left couple of times to check my PIMS records and finally told me that your visa will be approved and sent in 3-5 business days. That's how they do it consulates in Germany. You are not allowed to come and collect the passports.
- But, then she again checked my degree (EE) and mentioned that they may have to do some additional processing and will get back to me.
- But, she kept the passport and other docs so I was confident that it is only for PIMS verification. After 3 days I got back my passport with stamping. I provided all the answers with confidence and very legibly.
We just have to do what we have to do and leave the rest to whatever happens. I'd prepared everything before my trip in case I've go to India and get stamped (I'm getting tired of these long and stressful procedures, I was the only one with some many docs whereas others walked in with few sheets, go figure !).
Anyway, everything went well! Please let me know if any of you have questions and good luck to all. Hope none of us have to get stuck in the PIMS mess. Also, the PIMS process seems to have been cleaned up. Because of large amount of complaints looks like they are clearing it faster and providing the decision back to consulates much faster.
Adios.
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vivcha
11-18 04:36 PM
Hi,
I would really appreciate if someone throws some light on this issue. I am a J1 scholar at the University of Pennsylvania. I do not know what category that is because I am not paid either by my sponsor (upenn) or by my own government(India). Now, i wish to get enrolled in a full time MS program of University of Arkansas. In order to do that, should I apply for transfer of J1 from UPenn to U of A ...or should apply of transfer of visa from J1 to F1.In case I apply for F1, can I :
1. Start my classes till my transfer from j1 to f1 is pending
2.receive assistantship or on campus employment from UofA till my status from j1 to f1 is pending?
Thanks in advance.
I would really appreciate if someone throws some light on this issue. I am a J1 scholar at the University of Pennsylvania. I do not know what category that is because I am not paid either by my sponsor (upenn) or by my own government(India). Now, i wish to get enrolled in a full time MS program of University of Arkansas. In order to do that, should I apply for transfer of J1 from UPenn to U of A ...or should apply of transfer of visa from J1 to F1.In case I apply for F1, can I :
1. Start my classes till my transfer from j1 to f1 is pending
2.receive assistantship or on campus employment from UofA till my status from j1 to f1 is pending?
Thanks in advance.
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roseball
02-28 12:56 AM
Is that normal to have the same I-94 number on my renewed H1B and my wife's H4 approval notices?
Seems it is a mistake that my old I 94 is given in H4 extension application. Do I need to apply for correction? Any Lawyer / Member, please confirm. Thanks in advance.
I-94 is what determines your legal stay in the US. Since you get an I-94 only during your entry into the US, it is normal to get the same I-94# on any subsequent extension of status applications filed within the US. Your attached I-94s on the I-797 approval notice are proof of your continuous status since your white I-94 cards might be expired. But do keep the original white I-94 cards with you as you are supposed to return them along with the new I-94s attached to I-797 notices, when you leave the country.
Seems it is a mistake that my old I 94 is given in H4 extension application. Do I need to apply for correction? Any Lawyer / Member, please confirm. Thanks in advance.
I-94 is what determines your legal stay in the US. Since you get an I-94 only during your entry into the US, it is normal to get the same I-94# on any subsequent extension of status applications filed within the US. Your attached I-94s on the I-797 approval notice are proof of your continuous status since your white I-94 cards might be expired. But do keep the original white I-94 cards with you as you are supposed to return them along with the new I-94s attached to I-797 notices, when you leave the country.
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trump_gc
06-28 10:28 AM
Thats fine. What you have is much better than what most of us have. Just get an affidavit from her parents or relatives, stating the correct full name etc. That will do it. But do get an affidavit, if u want to avoid RFE later on!
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mrdhoni
08-29 01:56 AM
I am working in US on L1A visa expiring in November 2010 (completing 7 years). The Visa with whom I am working are not processing my GC. Before changing my Visa to L1A, I had H1B which is expired now. So I am applying for PERM through another employer. This employer/attorney is going to file for Labor in one or two months. What are the chances of my Labor and I-140 getting approved before December 2010? If my Labor got approved by December 2010, Can I switch to the employer who has applied for PERM and continue staying in US? Are there any options? Please advice. Thanks for your time.
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kumar1
03-06 08:14 PM
I wouldn't worry about it. Enjoy your green card.
waitingnwaiting
01-18 12:45 PM
You should copy paste the post instead of link and forcing people to go to a website. I suggest you edit your post. Let people discuss here than on some other site.
This person is ROW and current. Only EB3 I know the pain of waiting.
This person is ROW and current. Only EB3 I know the pain of waiting.
rock945
06-21 08:18 PM
Friends,
I got LC and 140 approved in EB3. Now I refile my labor Cert in EB2 (IT manager) via PERM. Anybody has the same experience and know approximately processing time for this PERM to be approved. Thanks for any information.
do you know if you can retain your PD from your eb3 application for your new application..
I got LC and 140 approved in EB3. Now I refile my labor Cert in EB2 (IT manager) via PERM. Anybody has the same experience and know approximately processing time for this PERM to be approved. Thanks for any information.
do you know if you can retain your PD from your eb3 application for your new application..
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