greencardfever
02-17 07:43 PM
Thanks for your reply. My main question is, if I do the H1B transfer (to a company other than the one that filed my labor, 140, 485), who has to submit the application for my spouse's 485 (when the priority date becomes current), my new employer or the old one that originally filed my 485?
Thanks.
Thanks.
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dealsnet
08-18 09:53 AM
Try EB3. Don't spend time and money for EB2 with 3 year degree.
It is waste. You will learn this in a hard way.
Gurus,
Sorry for not mentioning in my first post earlier... Just now I received a copy of the Letter which my company received from the USCIS. It is mentioned as "NOTICE OF INTENT TO DENY (NOID)".
Reasons:
- Section 203(b)(2)(A) of the Act states
- 8 C.F.R 204.5(I)(3)(ii)(C)
These are related to the Education for 3 yrs degree..
- What is the next step ?
- What is the chance of a positive result?
Thank you,
Regds,
Raju
It is waste. You will learn this in a hard way.
Gurus,
Sorry for not mentioning in my first post earlier... Just now I received a copy of the Letter which my company received from the USCIS. It is mentioned as "NOTICE OF INTENT TO DENY (NOID)".
Reasons:
- Section 203(b)(2)(A) of the Act states
- 8 C.F.R 204.5(I)(3)(ii)(C)
These are related to the Education for 3 yrs degree..
- What is the next step ?
- What is the chance of a positive result?
Thank you,
Regds,
Raju
raju123
07-05 10:07 AM
What does it mean????
Did they pre-approve and assigned visa number to certain application as on July 1 and going to send approval notice later???? If they haven't approved cases and assign visa number before July 2, how come they process and approve pending application after July 2?????
This is terrible mess!!!!
Then, on July 2, the State Department issued an "update" that reversed the previous bulletin. It stated, effective immediately, there would be no further authorizations for employment-based cases. The U.S. Citizenship and Immigration Services, which processes the applications, said it would instead simply process existing applications to meet this year's quota. "We already had sufficient applications pending without new applicants...," a spokesman said.
Mike Aytes, head of domestic operations for the USCIS, said all 147,141 employment-based green cards have now been issued for the year.
Reversal Frustrates
Green-Card Applicants
By MIRIAM JORDAN
July 5, 2007; Page A2
The government's surprise offer, then abrupt reversal, of an opportunity for thousands of skilled foreign workers to obtain permanent residency in the U.S. highlights the problems of the overtaxed immigration system and the frenzy that results from a chance to apply for a green card.
The scramble has put tens of thousands of workers and their families in limbo after many of them and their employers spent thousands of dollars in hopes of securing permanent residency. It may result in a class-action lawsuit against the government by frustrated applicants.
The problem began on June 12 when the government seemed to open the door for thousands of foreign workers and their families to end the long wait to apply for a green card. That is when the State Department published a Visa Bulletin, which is a monthly notice closely watched by immigration attorneys and their clients because it determines who is eligible to file a green-card application the next month. The June bulletin announced that practically all skilled foreign workers who had been previously deemed eligible for an employer-sponsored visa could now take the final step of applying for a green card.
By law, the U.S. can issue about 140,000 employment-based green cards each year. Last year, the government fell short by about 10,000, despite the long waiting list; leftover visas cannot be rolled over to the next year. The June announcement aimed to prevent the visa slot from going to waste, according to a State Department spokeswoman.
[Green-Card Limbo]
The announcement was greeted with a mix of jubilation and panic by thousands of engineers, lab scientists and other high-skilled foreigners who had waited years for their place in line. Working ahead of a July 2 date for filing the application, intending immigrants rushed to gather documents, complete paperwork and obtain medical exams. Many of their dependents boarded planes for the U.S. to meet a requirement that all family members be present at the time of filing.
"The bulletin created a land rush among legal immigrants desperate to finalize their green-card applications," said Steve Miller, a Seattle-based immigration attorney.
Then, on July 2, the State Department issued an "update" that reversed the previous bulletin. It stated, effective immediately, there would be no further authorizations for employment-based cases. The U.S. Citizenship and Immigration Services, which processes the applications, said it would instead simply process existing applications to meet this year's quota. "We already had sufficient applications pending without new applicants...," a spokesman said.
Mike Aytes, head of domestic operations for the USCIS, said all 147,141 employment-based green cards have now been issued for the year.
Write to Miriam Jordan at miriam.jordan@wsj.com
Did they pre-approve and assigned visa number to certain application as on July 1 and going to send approval notice later???? If they haven't approved cases and assign visa number before July 2, how come they process and approve pending application after July 2?????
This is terrible mess!!!!
Then, on July 2, the State Department issued an "update" that reversed the previous bulletin. It stated, effective immediately, there would be no further authorizations for employment-based cases. The U.S. Citizenship and Immigration Services, which processes the applications, said it would instead simply process existing applications to meet this year's quota. "We already had sufficient applications pending without new applicants...," a spokesman said.
Mike Aytes, head of domestic operations for the USCIS, said all 147,141 employment-based green cards have now been issued for the year.
Reversal Frustrates
Green-Card Applicants
By MIRIAM JORDAN
July 5, 2007; Page A2
The government's surprise offer, then abrupt reversal, of an opportunity for thousands of skilled foreign workers to obtain permanent residency in the U.S. highlights the problems of the overtaxed immigration system and the frenzy that results from a chance to apply for a green card.
The scramble has put tens of thousands of workers and their families in limbo after many of them and their employers spent thousands of dollars in hopes of securing permanent residency. It may result in a class-action lawsuit against the government by frustrated applicants.
The problem began on June 12 when the government seemed to open the door for thousands of foreign workers and their families to end the long wait to apply for a green card. That is when the State Department published a Visa Bulletin, which is a monthly notice closely watched by immigration attorneys and their clients because it determines who is eligible to file a green-card application the next month. The June bulletin announced that practically all skilled foreign workers who had been previously deemed eligible for an employer-sponsored visa could now take the final step of applying for a green card.
By law, the U.S. can issue about 140,000 employment-based green cards each year. Last year, the government fell short by about 10,000, despite the long waiting list; leftover visas cannot be rolled over to the next year. The June announcement aimed to prevent the visa slot from going to waste, according to a State Department spokeswoman.
[Green-Card Limbo]
The announcement was greeted with a mix of jubilation and panic by thousands of engineers, lab scientists and other high-skilled foreigners who had waited years for their place in line. Working ahead of a July 2 date for filing the application, intending immigrants rushed to gather documents, complete paperwork and obtain medical exams. Many of their dependents boarded planes for the U.S. to meet a requirement that all family members be present at the time of filing.
"The bulletin created a land rush among legal immigrants desperate to finalize their green-card applications," said Steve Miller, a Seattle-based immigration attorney.
Then, on July 2, the State Department issued an "update" that reversed the previous bulletin. It stated, effective immediately, there would be no further authorizations for employment-based cases. The U.S. Citizenship and Immigration Services, which processes the applications, said it would instead simply process existing applications to meet this year's quota. "We already had sufficient applications pending without new applicants...," a spokesman said.
Mike Aytes, head of domestic operations for the USCIS, said all 147,141 employment-based green cards have now been issued for the year.
Write to Miriam Jordan at miriam.jordan@wsj.com
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gemini23
08-14 08:38 AM
asking contributions for each post is pestering. Please maintain sanity of the forum.
hopefulgc, will you please concentrate on action items..........
hopefulgc, will you please concentrate on action items..........
more...
invincibleasian
02-04 06:13 PM
srikondoji,
My wife and I have an appointmnet on the 20th of Feb at Chennai. I am taking the same set of documents I took couple of years ago (of course the updated ones). Olny thing is this time my I-140 is approved and I have disclosed that info in my application. I am hoping that nothing will go wrong. PM me if you want feedback after my interview.
I had my I140 approved too and had mentioned it in my application. They dont bother you. They however gave me 221g to verify student status and delayed my visa for two weeks. Interview was less than 2 mins and the vo said she had to verify student status thats it.
My wife and I have an appointmnet on the 20th of Feb at Chennai. I am taking the same set of documents I took couple of years ago (of course the updated ones). Olny thing is this time my I-140 is approved and I have disclosed that info in my application. I am hoping that nothing will go wrong. PM me if you want feedback after my interview.
I had my I140 approved too and had mentioned it in my application. They dont bother you. They however gave me 221g to verify student status and delayed my visa for two weeks. Interview was less than 2 mins and the vo said she had to verify student status thats it.
humdesi
12-15 04:18 PM
Legalese was never my strong point. Which part says that EB-1 unused must go to EB-2 of same category, and then to EB-3?
more...
abhisam
07-15 01:36 AM
Actions speak louder than words... Lou Dobbs says Microsoft has waged war against the American middleclass by taking the company to Canada. But that hasn't stopped the company from starting a development center in Canada, nor has the company cared to answer Lou Dobbs in a press release or anything. What I am saying is, we should not care about what Lou Dobbs thinks or says on his show. As long as we being here helps grow the American economy, nobody cares about what Lou Dobbs thinks!!!
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singhsa3
04-27 01:39 PM
One more resource
http://immigrationvoice.org/forum/showthread.php?t=18210&highlight=experience
http://immigrationvoice.org/forum/showthread.php?t=18210&highlight=experience
more...
god_bless_you
12-11 02:05 PM
It makes no difference whether they allow concurrent filing of 140/485 or not IF YOUR EMPLOYER IS WILLING to pay extra premium processing for 140. IF not , it makes minimal difference (2-3 months delay). Earlier this year, people were getting 140 approved on 6-8 weeks on average without premium fee.
If your date is not current:
This rule makes 0 difference. File 140 and wait for approval while your date moves forward. Once its current, file 485. So everyone who is retrogressed, this rule makes no difference to you 485 filing and getting EAD/AP.
If your date is current: File 140, regular processing 2-3 months and then file 485. If you can get premium processing done then it would be 15 days and then file 485. Either ways, you are delay in filing 485 by 2-3 months. In the grand scheme of things, its negligible. It would take even 2 months for your lawyer to get the paperwork straight for filing 485.
So please relax, this new rule that does not allow concurrent filing of 485 and 140 is not earth-shattering. Its a revenue generation move. And its good as long as revenue stays in USCIS as they do need revenue to hire more people to process files faster, which is in our own benefit. The only problem we have is the rise in fees generates revenue which often times does not stay with USCIS and goes away to other agencies of DHS(I think, this was mentioned in CIS Ombudsman report, if I am not wrong).
SO if USCIS wants to make a new rule of filing I485 for the one whose I 140 is cleared and priority date is not current, It CAN DO That RULE Right?
We do not need any Congress approval for that Right?
If so can we explore this option??
If your date is not current:
This rule makes 0 difference. File 140 and wait for approval while your date moves forward. Once its current, file 485. So everyone who is retrogressed, this rule makes no difference to you 485 filing and getting EAD/AP.
If your date is current: File 140, regular processing 2-3 months and then file 485. If you can get premium processing done then it would be 15 days and then file 485. Either ways, you are delay in filing 485 by 2-3 months. In the grand scheme of things, its negligible. It would take even 2 months for your lawyer to get the paperwork straight for filing 485.
So please relax, this new rule that does not allow concurrent filing of 485 and 140 is not earth-shattering. Its a revenue generation move. And its good as long as revenue stays in USCIS as they do need revenue to hire more people to process files faster, which is in our own benefit. The only problem we have is the rise in fees generates revenue which often times does not stay with USCIS and goes away to other agencies of DHS(I think, this was mentioned in CIS Ombudsman report, if I am not wrong).
SO if USCIS wants to make a new rule of filing I485 for the one whose I 140 is cleared and priority date is not current, It CAN DO That RULE Right?
We do not need any Congress approval for that Right?
If so can we explore this option??
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prav27
05-24 12:28 PM
Done !
more...
dvb123
07-16 12:37 AM
I think immigration voice should ensure that concurrent filing of I-140 and I-485 is removed.
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GCard_Dream
11-30 09:02 PM
I am sure lot of us who are stuck in this GC mess like you can relate to your frustration and must be looking for a backup plan. There are certainly other attractive options like you mentioned if one does decide to jump ship and frankly I have done the same. Should this GC issue not get resolved in a reasonable amount of time, I am fully prepared and ready to jump off of GC wagon. I suggest we all do that.
Guys,
The reality is that we are just being played upon by the companies and the US govt regarding green cards. Employers know that we are not going to budge from our jobs to maintain the coveted priority date and the government is in no big hurry to reform the system as they can collect taxes from us without being accountable to us.
I think Democrats are also going to drag the immigration issue as seen by the article below :
http://www.suntimes.com/news/otherviews/151357,CST-EDT-Perez28.article
I do not mean to doubt IV, but the writing is on the wall that our lobbying efforts are not going to go too far.
For all of you single people out there, the only fastest option is to marry a US girl/guy. For all those who are married, the choices are simple, forget the American dream and adopt a Canadian or Australian dream or endure the uncertainty of a green card application.
I have reached the conclusion that I cannot bear this uncertainty any more and therefore, I am pursuing other options. Ciao...Good luck to all those waiting for a GC!
Guys,
The reality is that we are just being played upon by the companies and the US govt regarding green cards. Employers know that we are not going to budge from our jobs to maintain the coveted priority date and the government is in no big hurry to reform the system as they can collect taxes from us without being accountable to us.
I think Democrats are also going to drag the immigration issue as seen by the article below :
http://www.suntimes.com/news/otherviews/151357,CST-EDT-Perez28.article
I do not mean to doubt IV, but the writing is on the wall that our lobbying efforts are not going to go too far.
For all of you single people out there, the only fastest option is to marry a US girl/guy. For all those who are married, the choices are simple, forget the American dream and adopt a Canadian or Australian dream or endure the uncertainty of a green card application.
I have reached the conclusion that I cannot bear this uncertainty any more and therefore, I am pursuing other options. Ciao...Good luck to all those waiting for a GC!
more...
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makemygc
06-15 12:09 PM
HI,
Can any one tell me is it necessary to Get medical done by Dr. only around ur location.
Reason for asking is I live in NJ. And i got an appointemt with DR. Kim in NY as i know him through somebody else.
He is also more reasonable asking around 190/-
Thanks
He is definitely not reasonable if he is asking only 190/- becuase that should just be the physical. Immunization and xray might increase your cost. Check with your doc.
Can any one tell me is it necessary to Get medical done by Dr. only around ur location.
Reason for asking is I live in NJ. And i got an appointemt with DR. Kim in NY as i know him through somebody else.
He is also more reasonable asking around 190/-
Thanks
He is definitely not reasonable if he is asking only 190/- becuase that should just be the physical. Immunization and xray might increase your cost. Check with your doc.
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efs
12-04 11:14 AM
The link to www.murthy.com states clearly what "Last acition" is in your case.
"The USCIS responded that the travel does not change the equation. The USCIS, through Efren Hernandez, Chief, Business and Trade Services Branch, reasoned that the last action would not be the travel and reentry in the prior status, but the previously-approved petition and change of status with a future start date. The travel does not invalidate the previously-approved USCIS change of status effective from a future date. This is because the last action regarding the person's status governs. "
I believe there is no diffirence in that logic for extension of status or change of status. It would be good to find the original letter of Efren Hernandez.
Eugene
"The USCIS responded that the travel does not change the equation. The USCIS, through Efren Hernandez, Chief, Business and Trade Services Branch, reasoned that the last action would not be the travel and reentry in the prior status, but the previously-approved petition and change of status with a future start date. The travel does not invalidate the previously-approved USCIS change of status effective from a future date. This is because the last action regarding the person's status governs. "
I believe there is no diffirence in that logic for extension of status or change of status. It would be good to find the original letter of Efren Hernandez.
Eugene
more...
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walking_dude
11-24 12:32 PM
Instead of asking for more bread, we are fighting ferociously for the scraps like dogs!
It was estimated by Compete America that if the last CIR had passed there would have been more than 500,000 visa numbers recaptured ( don't ask me for the math, I didn't come up with this number). Assuming that the Nurses took away a chunk of it, we still would have a big chunk to statify Eb3, Eb3, ROW, India, China etc. etc. And the nurses are going to walk away with a big chunk folks - whether we like it or not - because we are fighting each other like dogs for the scraps of the spillover, while they will come up well organized and walk away with the cake.
Our disunity, lack of long-term vision, lack of action is our biggest weakness. We will not win unless we fight this together.
For the August visa bulletin, USCIS gave all the extra quota to EB2. I don't think this is fair for all the EB3 people. I thougt the reason they gave all the quota to them was the EB2 included NIW. But NIW is just a small portion of EB2. Majority EB2 peopole are like EB3 working for companies and not necessarily important to give all the extra quota to them. If the policy continues, our EB3 will just become fake immigration. You don't know how long we can finalize our case. Gugs, please work together and let our voice to be heard by USCIS. Hope our organization can help us.
It was estimated by Compete America that if the last CIR had passed there would have been more than 500,000 visa numbers recaptured ( don't ask me for the math, I didn't come up with this number). Assuming that the Nurses took away a chunk of it, we still would have a big chunk to statify Eb3, Eb3, ROW, India, China etc. etc. And the nurses are going to walk away with a big chunk folks - whether we like it or not - because we are fighting each other like dogs for the scraps of the spillover, while they will come up well organized and walk away with the cake.
Our disunity, lack of long-term vision, lack of action is our biggest weakness. We will not win unless we fight this together.
For the August visa bulletin, USCIS gave all the extra quota to EB2. I don't think this is fair for all the EB3 people. I thougt the reason they gave all the quota to them was the EB2 included NIW. But NIW is just a small portion of EB2. Majority EB2 peopole are like EB3 working for companies and not necessarily important to give all the extra quota to them. If the policy continues, our EB3 will just become fake immigration. You don't know how long we can finalize our case. Gugs, please work together and let our voice to be heard by USCIS. Hope our organization can help us.
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frostrated
08-05 03:43 PM
Myht 1: If I-485 gets denied I have H1-B to as a back up.
Think of this - you get AP and EAD based on pending I-485. Similarly, you get H1-B extension beyond 6 years based on your pending green card process. Once your I-485 is denied, your AP, EAD and extended H-1, all are gone at once. Yes, extended H1-B is no longer valid after that. You simply can not fall back on that.
Myth2 : I want to continue on H1-B even after getting EAD, I feel safer.
Think again. Suppose you came to the US in 2004. In 2007 during the visa gate scandal, you filed your I-485 and got EAD. At that point of time, you had two options. You could have continued H1-B or changed over to EAD. Person A changed to EAD. Well, once he changed to EAD his clock of "Time spent on H1-B" stops right there. Come 2010, if his I-485 gets denied, he still has 3 years of H1-B left and he can use it till 2013.
Person B decided to continue using H1-B after 2007 and kept his EAD as backup. Same thing happened, his I-485 got rejected in 2010. He can not go back to H1-B. He has utilized H1-B for all 6 years and he can not get it extended without going out of the US for one year.
So by keep EAD for "in case I-485 goes south" and using H1-B, you are killing your options. If someone has a choice between EAD and H1-B, he should use EAD.
Gurus.....any comments?
Answer to Myth1: If your 485 gets denied, you CAN fall back on your H1, provided you are still working for the H1 sponsor and your H1 has not expired. If your 485 is denied, then your EAD cannot be renewed but is valid to its expiry. Your AP on the other hand is no longer valid as it depends on the 485 for survival - Immigration will check your 485 status during secondary screening. H1 is standalone and does not depend on 485 status.
Answer to Myth2: You can keep EAD as backup to change employer or even work for current employer. Your H1 extension is based on 140 approval and not 485. If your 140 is revoked, you cannot extend your H1, unless you have an approved 140 with another employer.
Think of this - you get AP and EAD based on pending I-485. Similarly, you get H1-B extension beyond 6 years based on your pending green card process. Once your I-485 is denied, your AP, EAD and extended H-1, all are gone at once. Yes, extended H1-B is no longer valid after that. You simply can not fall back on that.
Myth2 : I want to continue on H1-B even after getting EAD, I feel safer.
Think again. Suppose you came to the US in 2004. In 2007 during the visa gate scandal, you filed your I-485 and got EAD. At that point of time, you had two options. You could have continued H1-B or changed over to EAD. Person A changed to EAD. Well, once he changed to EAD his clock of "Time spent on H1-B" stops right there. Come 2010, if his I-485 gets denied, he still has 3 years of H1-B left and he can use it till 2013.
Person B decided to continue using H1-B after 2007 and kept his EAD as backup. Same thing happened, his I-485 got rejected in 2010. He can not go back to H1-B. He has utilized H1-B for all 6 years and he can not get it extended without going out of the US for one year.
So by keep EAD for "in case I-485 goes south" and using H1-B, you are killing your options. If someone has a choice between EAD and H1-B, he should use EAD.
Gurus.....any comments?
Answer to Myth1: If your 485 gets denied, you CAN fall back on your H1, provided you are still working for the H1 sponsor and your H1 has not expired. If your 485 is denied, then your EAD cannot be renewed but is valid to its expiry. Your AP on the other hand is no longer valid as it depends on the 485 for survival - Immigration will check your 485 status during secondary screening. H1 is standalone and does not depend on 485 status.
Answer to Myth2: You can keep EAD as backup to change employer or even work for current employer. Your H1 extension is based on 140 approval and not 485. If your 140 is revoked, you cannot extend your H1, unless you have an approved 140 with another employer.
more...
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satyasrd
04-19 08:10 AM
Hopefullegalimmigrant,
I am happy to see your posts and I am in to put all efforts required. There were some talks earlier about having a rally in DC. I think we should do that to get attention.
I have asked this question before but is this something IV can help us with ?
Thanks
I am happy to see your posts and I am in to put all efforts required. There were some talks earlier about having a rally in DC. I think we should do that to get attention.
I have asked this question before but is this something IV can help us with ?
Thanks
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gotgc?
12-19 09:17 PM
I don't know much about Labor Subs to answer...what I did notice is that your lawyer is through company...not going to generalize, but with company lawyers you really should question them and not believe totally what they say....meaning do your own research too. Company lawyer's are interested in keeping employees longer at company and can sometimes push you to do things to cause that. I don't know why you can't have 2 I 140's. But withdrawing your first one would invalidate your 485/ead and depending on your priority date (which would be 2007/2008) and country of birth, you may not have a chance to apply for 485 for a long long time (meaning stuck in same job for long long time...). Again I don't know much about labor subs, my advice is to do your own reasearch, get answers, opinions, and not just take company's lawyers word on everything.
You are right! This is our company lawyers. They are very bureaucratic and always says as per company policy...Here is their response that why they have to withdraw:
"1. An I-140 is a statement the employer makes to the immigration service regarding what job the beneficiary will be performing. We filed an I-140 LC Sub petition on your behalf stating that you will be working in a XXXX position. We will not file another petition stating that you will be working in another position / occupation XXXX without withdrawing the first statement (I-140 LC Sub).
2. If we file the I-140 based on the LC-PERM, we would interfile it into your pending AOS, so your AOS would be pending based on the pending I-140 (NOT the withdrawn LC Sub)."
I know that their first point is all "BS"...am going to fight this with my Manager. But, the second point am not sure.
Is it possible to interfile if the PD is not current? My pending LC SUB and the PERM LC PD, both are not current. Please confirm whether it is true or not. This will help me make my case.
Thanks to you all in advance
You are right! This is our company lawyers. They are very bureaucratic and always says as per company policy...Here is their response that why they have to withdraw:
"1. An I-140 is a statement the employer makes to the immigration service regarding what job the beneficiary will be performing. We filed an I-140 LC Sub petition on your behalf stating that you will be working in a XXXX position. We will not file another petition stating that you will be working in another position / occupation XXXX without withdrawing the first statement (I-140 LC Sub).
2. If we file the I-140 based on the LC-PERM, we would interfile it into your pending AOS, so your AOS would be pending based on the pending I-140 (NOT the withdrawn LC Sub)."
I know that their first point is all "BS"...am going to fight this with my Manager. But, the second point am not sure.
Is it possible to interfile if the PD is not current? My pending LC SUB and the PERM LC PD, both are not current. Please confirm whether it is true or not. This will help me make my case.
Thanks to you all in advance
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felix31
07-01 05:38 PM
friends,
i missed the live broadcats... is there a link to a recorded show we can listen to...???
anxious to hear how did it go!!
i missed the live broadcats... is there a link to a recorded show we can listen to...???
anxious to hear how did it go!!
eagerr2i
02-07 04:02 PM
This came in the newswire today about the challenges being faced in UK amongst the people who entered UK under the high skilled immigration program. Do do our stories in US have any similarity here?
http://timesofindia.indiatimes.com/Disenfranchised_Indians_take_to_streets_in_London/articleshow/msid-1142198,curpg-1.cms
http://timesofindia.indiatimes.com/Disenfranchised_Indians_take_to_streets_in_London/articleshow/msid-1142198,curpg-1.cms
snathan
03-02 02:35 PM
My case is as detailed below, and my questions follow:
PD: July 2007, EB2 (India), Software field
Labor, I-140: Approved, I-485 etc. NOT filed.
H1 Petition and Visa valid until: Jan 2011 (after 7th year extension)
Currently outside US, NOT working for the H1 sponsoring employer.
My employer has NOT revoked my H1 or I-140.
I was working for the employer in US where the GC process started. Then moved to Canada in early 2008 when the PD was highly retrogressed/unavailable. Since then, worked in Canada in related field for a different (Canadian) employer. Things have been tough here: lower pay, very high taxes, friends all in US, and especially - the weather. We would like to return to US.
I will soon be able to apply for Canadian citizenship. I am in a dilemma now - whether to return to US on H1 NOW or to become a Canadian citizen and try my options LATER. I have the following questions:
(Same employer, as Indian citizen, knowing that I did not work for them for over 2 yrs, and was outside USA):
1) can I now(or anytime until Jan 2011 visa expiry) return to US to work for the same H1 sponsoring employer on the existing H1?
Yes...you can as long as your employer is also supporting you
2) would I be allowed the H1 extension in Jan 2011 based on approved I-140? Or is that doomed to be rejected because I was not working for the employer in between for over 2 yrs.
GC is for future employement and it should not affect. You are already out of the country for more than a year. So your 6 year limit is reset now.
3) Would the fact that I was out of US for 2 years help me get a "regular" extension?
I believe it should not have impact as the six year clock is reset and you also have I-140 approved
4) could I continue the GC after a gap of 2 yrs while I was not working for the employer?
Again, GC is for future employment.
5) if yes, will my PD of July 2007 be maintained?
Yes, if I-140 is not revoked. Different attornyes have different opinion about revoked I-140
(Different employer, as Indian citizen, knowing that I am currently out of the US):
6) if I get an offer from a different employer in US, could the new employer do an H1 "transfer"? i.e. would I need to wait for the April 1/October for H1 application/visa and would it be counted against the yearly H1 quota - or - can the new employer do the H1 "transfer" immediately?
If your H1B is not expired, you can do transfer. I am not sure about the limitation if the H1B expired.
7) For the H1 "transfer", would I need to produce US paystubs for the last few months (which I cannot, since I am not in US)?
You may need to provide the W-2 for the years you were working in the US
8) if the new employer applies for my GC, could I re-use my old PD of July 2007? If yes, would the profile need to be exactly the same as the previous Labor/I-140?
You can retain the PD if the I-140 is not revoked. No need
If I become a Canadian Citizen:
9) if I become a Canadian citizen, (my H1 would have expired by then) will I be able to return to work on H1 in US for the same or a different employer as a Canadian Citizen?
Its upto you and the sponsoring employer.
10) could I reuse my PD of July 2007 when working for the same or a different employer after changing my Citizenship? Would the job profile need to be the same?
Citizenship will not affect your PD
Also:
11) is it possible to switch the GC processing to "future employment", although the Labor/I-140 were approved with the understanding that I was to continue working for the same employer?
12) is the H1 visa/Priority Date of approved labor/I-140 carried over when the individual changes citizenship - from Indian to Canadian?
NO
13) when do the dependents' citizenship come into the picture in the GC process? If I continue to be an Indian citizen but my spouse becomes a Canadian citizen, will my approved Labor/I-140 be affected in any way?
It wont untill your spouse born in different country.
Please help me in getting the facts so that I can make an informed decision in this dilemma. Any help appreciated.
Check the answer above
PD: July 2007, EB2 (India), Software field
Labor, I-140: Approved, I-485 etc. NOT filed.
H1 Petition and Visa valid until: Jan 2011 (after 7th year extension)
Currently outside US, NOT working for the H1 sponsoring employer.
My employer has NOT revoked my H1 or I-140.
I was working for the employer in US where the GC process started. Then moved to Canada in early 2008 when the PD was highly retrogressed/unavailable. Since then, worked in Canada in related field for a different (Canadian) employer. Things have been tough here: lower pay, very high taxes, friends all in US, and especially - the weather. We would like to return to US.
I will soon be able to apply for Canadian citizenship. I am in a dilemma now - whether to return to US on H1 NOW or to become a Canadian citizen and try my options LATER. I have the following questions:
(Same employer, as Indian citizen, knowing that I did not work for them for over 2 yrs, and was outside USA):
1) can I now(or anytime until Jan 2011 visa expiry) return to US to work for the same H1 sponsoring employer on the existing H1?
Yes...you can as long as your employer is also supporting you
2) would I be allowed the H1 extension in Jan 2011 based on approved I-140? Or is that doomed to be rejected because I was not working for the employer in between for over 2 yrs.
GC is for future employement and it should not affect. You are already out of the country for more than a year. So your 6 year limit is reset now.
3) Would the fact that I was out of US for 2 years help me get a "regular" extension?
I believe it should not have impact as the six year clock is reset and you also have I-140 approved
4) could I continue the GC after a gap of 2 yrs while I was not working for the employer?
Again, GC is for future employment.
5) if yes, will my PD of July 2007 be maintained?
Yes, if I-140 is not revoked. Different attornyes have different opinion about revoked I-140
(Different employer, as Indian citizen, knowing that I am currently out of the US):
6) if I get an offer from a different employer in US, could the new employer do an H1 "transfer"? i.e. would I need to wait for the April 1/October for H1 application/visa and would it be counted against the yearly H1 quota - or - can the new employer do the H1 "transfer" immediately?
If your H1B is not expired, you can do transfer. I am not sure about the limitation if the H1B expired.
7) For the H1 "transfer", would I need to produce US paystubs for the last few months (which I cannot, since I am not in US)?
You may need to provide the W-2 for the years you were working in the US
8) if the new employer applies for my GC, could I re-use my old PD of July 2007? If yes, would the profile need to be exactly the same as the previous Labor/I-140?
You can retain the PD if the I-140 is not revoked. No need
If I become a Canadian Citizen:
9) if I become a Canadian citizen, (my H1 would have expired by then) will I be able to return to work on H1 in US for the same or a different employer as a Canadian Citizen?
Its upto you and the sponsoring employer.
10) could I reuse my PD of July 2007 when working for the same or a different employer after changing my Citizenship? Would the job profile need to be the same?
Citizenship will not affect your PD
Also:
11) is it possible to switch the GC processing to "future employment", although the Labor/I-140 were approved with the understanding that I was to continue working for the same employer?
12) is the H1 visa/Priority Date of approved labor/I-140 carried over when the individual changes citizenship - from Indian to Canadian?
NO
13) when do the dependents' citizenship come into the picture in the GC process? If I continue to be an Indian citizen but my spouse becomes a Canadian citizen, will my approved Labor/I-140 be affected in any way?
It wont untill your spouse born in different country.
Please help me in getting the facts so that I can make an informed decision in this dilemma. Any help appreciated.
Check the answer above