dshahpatel
03-11 01:17 PM
I would like to get your opinion on current situation.
Education: MS(Ind Engg), 5+ yrs exp.
I have priority date of Oct -2007(applied for labor under EB3). Got approved I-140 in Feb 2008( EB3 category). I got promoted to next level so requested to apply for labor once again in EB2 category in Feb 2009 and got approved labor in Feb 2010.
Is there a provision to amend labor and include previously approved I-140? Or Do I have to apply I-140 once again? and my priority date would be Feb 2009?
Dhiren
Education: MS(Ind Engg), 5+ yrs exp.
I have priority date of Oct -2007(applied for labor under EB3). Got approved I-140 in Feb 2008( EB3 category). I got promoted to next level so requested to apply for labor once again in EB2 category in Feb 2009 and got approved labor in Feb 2010.
Is there a provision to amend labor and include previously approved I-140? Or Do I have to apply I-140 once again? and my priority date would be Feb 2009?
Dhiren
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minimalist
10-14 03:02 PM
You should be able to stay as long as you wish/need in either scenario you presented.
Hope some one else confirm this.
Hope some one else confirm this.
sai
03-27 07:22 PM
here comes another BEC. ha ha ha ....never ending journey..
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gc??
05-04 12:58 PM
Why does a PERM get audited? There are many threads regarding perm audits and denials.. thanks
more...
masala dosa
01-13 12:42 PM
I have EAD that is valid till Dec 2007, but I will be on leave of absence overseas from mid Feb to October , 2007. ( my Travel parole also expires in Dec 07)
My I-485 is pending with PD Jul 2002 ( EB3 india)
Will this time off destroy my Green Card application?
( does the EAD lose its validity if I stay overseas for >6 months and will this impact my GC process?)
My I-485 is pending with PD Jul 2002 ( EB3 india)
Will this time off destroy my Green Card application?
( does the EAD lose its validity if I stay overseas for >6 months and will this impact my GC process?)
letstalklc
10-14 11:57 AM
See the comments below, keep in mind it's my personnel opinion...
Hi all,
I am in the middle of H1-B transfer from Comp A to Comp B.. I have an urgent question,
Company A didn't run my payroll from 11/26/07-4/11/08 because i was out of the project,since then i have had a consistent payroll no gaps, my question is
1.will that affect my H1-b transfer?
I dont think it will affect as per my knowledge, in verst case, they might ask for your 2008 W2 from the old company and I assume that you had on payroll from May to year end, so you can show that if they ask
2.will USCIS go back that far to verify my paystubs?, and
Normall they will go back to 6 months max, but be prepare to submit the Client letter to prove that you have project for next couple of years, keep in mind that if you show client letter for only few months, USCIS is will issue only for that period, it happened for couple of guys....these days proof of project is a key for transfers...good luck....
Please Please Please reply , if possible any attorneys
Thanks in Advance
Anuj
Hi all,
I am in the middle of H1-B transfer from Comp A to Comp B.. I have an urgent question,
Company A didn't run my payroll from 11/26/07-4/11/08 because i was out of the project,since then i have had a consistent payroll no gaps, my question is
1.will that affect my H1-b transfer?
I dont think it will affect as per my knowledge, in verst case, they might ask for your 2008 W2 from the old company and I assume that you had on payroll from May to year end, so you can show that if they ask
2.will USCIS go back that far to verify my paystubs?, and
Normall they will go back to 6 months max, but be prepare to submit the Client letter to prove that you have project for next couple of years, keep in mind that if you show client letter for only few months, USCIS is will issue only for that period, it happened for couple of guys....these days proof of project is a key for transfers...good luck....
Please Please Please reply , if possible any attorneys
Thanks in Advance
Anuj
more...
indyanguy
05-29 07:19 PM
Hello,
My 6 year H1 term expires on Feb-2010. I have a I-140 pending in NSC since July-2007 with no signs of movement.
Hypothetically, if my I-140 gets processed after Feb-2009 and is denied (God forbid!), then will I be able to extend my H1 visa? If so, on what basis can I do it?
I do understand that H1 can be extended only before 6 months of expiration if and only if I have a I-140 pending or approved.
Thanks!
My 6 year H1 term expires on Feb-2010. I have a I-140 pending in NSC since July-2007 with no signs of movement.
Hypothetically, if my I-140 gets processed after Feb-2009 and is denied (God forbid!), then will I be able to extend my H1 visa? If so, on what basis can I do it?
I do understand that H1 can be extended only before 6 months of expiration if and only if I have a I-140 pending or approved.
Thanks!
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nozerd
01-20 11:57 AM
Looks like AGjOBS bill has good chance of passing. Does anyone know what the definition of agricultural worker is ?
Could one by considered agricultural worker if they are in landscaping business ? what about in agricultural sales.
We are about to see creation of huge black market for documents claiming someone is farmer if this rule is passed.
Can one be illegally working as Ag worker while on H1 ? :)
Could one by considered agricultural worker if they are in landscaping business ? what about in agricultural sales.
We are about to see creation of huge black market for documents claiming someone is farmer if this rule is passed.
Can one be illegally working as Ag worker while on H1 ? :)
more...
rameshms
08-26 04:32 PM
If you were a student on F1, and if you just got an OPT (Employment Authorization), you do not have to pay Social Security tax. Once you switch to H1, you have to pay the SS tax.
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sunny1000
12-23 04:11 PM
Wish the fellow IVans a Joyous Holiday season and a very Happy New year!
more...
maitabasa
07-29 10:54 AM
Thank you for the response. I guess one more follow up question. Since I already have an H1B stamping (visa) in my passport that is valid until September 2011 (which lists Company A as my employer). If Company B were to successfully apply for a transfer from B2 to H1B, if I travelled outside the USA, could I still return to the USA with my old H1B stamping in my passport or would I have to go to a US Consulate and get another H1B stamp (visa) that lists my new company?
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BharatPremi
09-22 07:57 PM
Gurus,
Yesterday my lawyer received receipts for my spouse and kids (485/EAD/AP) but not for myself. Now my lawyer is insisting upon sending me the copies of the receipts and do not want to send me the originals. With respect to that I have following questions:
1) Is that o.k having copies only or we should have originals? If we do not
have originals what bad may happen?
2) Either my lawyer or I have not received any of my receipts but we
received all receipts of my family. Is this normal? How long should we wait
for my receipts before contacting USCIS? By the way USCIS already gave
me my all numbers for teh receipts and according to USCIS my receipts
already mailed on Sept 14th. What would be advisable action for me in
this case?
3) None of the receipts of my family contain Priority Date. PD field is blank on all receipts. Is this O.K.?
Thanks.
- BharatPremi
Yesterday my lawyer received receipts for my spouse and kids (485/EAD/AP) but not for myself. Now my lawyer is insisting upon sending me the copies of the receipts and do not want to send me the originals. With respect to that I have following questions:
1) Is that o.k having copies only or we should have originals? If we do not
have originals what bad may happen?
2) Either my lawyer or I have not received any of my receipts but we
received all receipts of my family. Is this normal? How long should we wait
for my receipts before contacting USCIS? By the way USCIS already gave
me my all numbers for teh receipts and according to USCIS my receipts
already mailed on Sept 14th. What would be advisable action for me in
this case?
3) None of the receipts of my family contain Priority Date. PD field is blank on all receipts. Is this O.K.?
Thanks.
- BharatPremi
more...
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andycool
12-23 10:12 AM
I have two I -140's approved with one PD from end of 2005 and other end of 2006 both on EB2. I 485 is based based on 2nd one in 2006. So question is can I port 2005 pd to I 485 based on 2006?
Some where I heard that you can only port the PD when your 2nd is application stage and is pending. but here it is applied and already approved. Is it a good case for Porting PD or interfiling?
And by the way what is the difference between porting and interfiling?
Thanks
Porting and interfiling are pretty much same ...( some use interfiling to use cross changeability ) .
you should be able to use your old PD ...Just ask your attorney to contact USCIS with your old I 140. and New I 140. Lot if times USCIS automatically links your PD's . But again its USCIS?? Just follow up with your attorney , you can take a infopass and show them your documents ( some officers are Info pass know the issue and will help you )
Thanks
Some where I heard that you can only port the PD when your 2nd is application stage and is pending. but here it is applied and already approved. Is it a good case for Porting PD or interfiling?
And by the way what is the difference between porting and interfiling?
Thanks
Porting and interfiling are pretty much same ...( some use interfiling to use cross changeability ) .
you should be able to use your old PD ...Just ask your attorney to contact USCIS with your old I 140. and New I 140. Lot if times USCIS automatically links your PD's . But again its USCIS?? Just follow up with your attorney , you can take a infopass and show them your documents ( some officers are Info pass know the issue and will help you )
Thanks
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sembat
08-17 04:15 PM
Greetings,
I have a pending 485 application under EB3 category through my wife's application. However, recently her employer applied for the EB3-EB2 change since she already qualifies for EB2. I understand that the priority date remains the same. In our case the priority date is Feb 05. I wanted to know what will be the process going forward. Currently the EB3-EB2 application is on the PERM labor state. Once that gets approved does it mean that our I485 will be adjudicated immediately since for EB2 the priority date has already gone past ours (feb 05)? Or we will need to then apply for another I-140?
If anyone knows the process of EB3 to EB2 transfer can he/she kindly post it?
Thanks
k
I have a pending 485 application under EB3 category through my wife's application. However, recently her employer applied for the EB3-EB2 change since she already qualifies for EB2. I understand that the priority date remains the same. In our case the priority date is Feb 05. I wanted to know what will be the process going forward. Currently the EB3-EB2 application is on the PERM labor state. Once that gets approved does it mean that our I485 will be adjudicated immediately since for EB2 the priority date has already gone past ours (feb 05)? Or we will need to then apply for another I-140?
If anyone knows the process of EB3 to EB2 transfer can he/she kindly post it?
Thanks
k
more...
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neeshpal
07-12 03:25 PM
Thanks a lot for quick replies. That answer my questions.
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raysaikat
02-03 10:04 PM
Hi,
I just became unemployed (today) but I obtained my GC through employment about 2 years ago. I have some questions:
I am planning to spend about a week or 2 in Canada, will that cause me any problems when I come back to the US? I will keep job hunting in Canada but for a job in the US as I intend to stay in the US.
No. If you however plan to be outside US for more than 6 months, then you might need to take some precautions so that your green card is not invalidated.
Am I entitled to unemployment benefits since I have a GC?
Yes.
Will my layoff create any problems for me when I want to become a citizen of the US in about 3 years?
Thank you so much.
It will not.
In general, as a green card holder, you have all rights and all responsibilities (including going to war for US in case the congress institutes draft) of a U.S. citizen, except voting rights. See the welcome letter you received with your green card.
I just became unemployed (today) but I obtained my GC through employment about 2 years ago. I have some questions:
I am planning to spend about a week or 2 in Canada, will that cause me any problems when I come back to the US? I will keep job hunting in Canada but for a job in the US as I intend to stay in the US.
No. If you however plan to be outside US for more than 6 months, then you might need to take some precautions so that your green card is not invalidated.
Am I entitled to unemployment benefits since I have a GC?
Yes.
Will my layoff create any problems for me when I want to become a citizen of the US in about 3 years?
Thank you so much.
It will not.
In general, as a green card holder, you have all rights and all responsibilities (including going to war for US in case the congress institutes draft) of a U.S. citizen, except voting rights. See the welcome letter you received with your green card.
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kewlchap
04-07 04:47 PM
Sorry folks, dumb question, but what does LUD stand for? A few words of explanation would be appreciated.
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franklin
06-15 12:38 AM
I have not heard of a single approval date of someone applying on June 1st!
According to the processing dates, they are all in RD of 06 sometime.
People HAVE been getting receipt numbers, but thats an entirely different kettle of fish.
According to the processing dates, they are all in RD of 06 sometime.
People HAVE been getting receipt numbers, but thats an entirely different kettle of fish.
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martinvisalaw
07-08 07:10 PM
See the answers below, IN CAPS
I have couple of questions regarding timeperiod for which I can stay outside US while my I-485 is pending . I had to undergo a re-do surgery of my back in India and was adviced complete bed rest till it heals due to which I am outside US since Jan ending till date
1) Will it effect my GC application as some say its not good to stay more than 180 days outside US continously.
NO, IT SHOULD HAVE NO EFFECT. THE 180 DAY RULE IS MORE RELEVANT AFTER YOU BECOME A PERMANENT RESIDENT. IN THAT CASE IT IS BETTER NOR TO STAY OUTSIDE THE US FOR 180 DAYS.
2) I am on H1 status will it be a issue at POE to have gone for this long
IT MIGHT. I RECOMMEND CARRYING A LETTER FROM THE H-1B EMPLOYER CONFIRMING THAT YOUR JOB IS STILL OPEN FOR YOU.
3) What docs should I be carrying to awnser questions at POE.Is client letter mandatory or continued employment letter and I797 good
SEE ABOVE.
Kindly let me know your advice in this case
I have couple of questions regarding timeperiod for which I can stay outside US while my I-485 is pending . I had to undergo a re-do surgery of my back in India and was adviced complete bed rest till it heals due to which I am outside US since Jan ending till date
1) Will it effect my GC application as some say its not good to stay more than 180 days outside US continously.
NO, IT SHOULD HAVE NO EFFECT. THE 180 DAY RULE IS MORE RELEVANT AFTER YOU BECOME A PERMANENT RESIDENT. IN THAT CASE IT IS BETTER NOR TO STAY OUTSIDE THE US FOR 180 DAYS.
2) I am on H1 status will it be a issue at POE to have gone for this long
IT MIGHT. I RECOMMEND CARRYING A LETTER FROM THE H-1B EMPLOYER CONFIRMING THAT YOUR JOB IS STILL OPEN FOR YOU.
3) What docs should I be carrying to awnser questions at POE.Is client letter mandatory or continued employment letter and I797 good
SEE ABOVE.
Kindly let me know your advice in this case
wandmaker
11-13 08:24 AM
Gurus,
This is the latest 485 inventory posted on immigration-law.com. My PD is EB3 I 04/2002.
Can anybody provide some information on how long the wait would be.
http://www.uscis.gov/USCIS/New%20Structure/3rd%20Level%20(Left%20Nav%20Children)/Green%20Card%20-%203rd%20Level/Pending%20Form%20I485%20Reports.pdf (http://www.uscis.gov/USCIS/New%20Structure/3rd%20Level%20%28Left%20Nav%20Children%29/Green%20Card%20-%203rd%20Level/Pending%20Form%20I485%20Reports.pdf)
USCIS - Questions & Answers: Pending Employment-Based Form I-485 Inventory (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=5e170e6bcb7e3210VgnVCM100000082ca60aRCR D&vgnextchannel=ae853ad15c673210VgnVCM100000082ca60a RCRD)
Really appreciate,
Regards,
Teky.
Considering the numbers and planet alignment; best case scenario, it will be 2 years from today. Please update your profile.
This is the latest 485 inventory posted on immigration-law.com. My PD is EB3 I 04/2002.
Can anybody provide some information on how long the wait would be.
http://www.uscis.gov/USCIS/New%20Structure/3rd%20Level%20(Left%20Nav%20Children)/Green%20Card%20-%203rd%20Level/Pending%20Form%20I485%20Reports.pdf (http://www.uscis.gov/USCIS/New%20Structure/3rd%20Level%20%28Left%20Nav%20Children%29/Green%20Card%20-%203rd%20Level/Pending%20Form%20I485%20Reports.pdf)
USCIS - Questions & Answers: Pending Employment-Based Form I-485 Inventory (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=5e170e6bcb7e3210VgnVCM100000082ca60aRCR D&vgnextchannel=ae853ad15c673210VgnVCM100000082ca60a RCRD)
Really appreciate,
Regards,
Teky.
Considering the numbers and planet alignment; best case scenario, it will be 2 years from today. Please update your profile.
AllVNeedGcPc
09-23 08:56 PM
...that you submitted and it has a column where you were supposed to fill in the job code. Also, you would have attached a copy of your approved labor to support the application and job category.
