chanduv23
07-25 09:34 AM
I am in same situation. My previous employer has informed me that he has already revoked my 140 petition. I sent in the ac21 paperwork to be on safer side and also verified my home address on records in case they send something. You may want to do the same, also, make sure you have your own Attorney and file for G28 promptly.
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hebron
08-10 11:37 AM
1. You can ask them for H1 transfer and AC21 portability of your existing EB3 GC Process.
2. You can also ask them for doing EB2 processing, some employers have policy that they will do it after 6-12 months but you should do it before joining so that they can analyze if position suits EB2 needs.
And both of the above should be done before joining a new employer because before joining you are in better bargaining position provided you rocked the interviews.
Thank you my_gc_wait.
Regarding response #1 and your comment about AC21 portability, there isn't anything the employer has to do, correct? I believe, if the new job requirements is same or similar, there should be no problem with AC21.
Also, what can I request from the employer other than the job advertisement itself as evidence to make sure the position suits EB2 requirements.
2. You can also ask them for doing EB2 processing, some employers have policy that they will do it after 6-12 months but you should do it before joining so that they can analyze if position suits EB2 needs.
And both of the above should be done before joining a new employer because before joining you are in better bargaining position provided you rocked the interviews.
Thank you my_gc_wait.
Regarding response #1 and your comment about AC21 portability, there isn't anything the employer has to do, correct? I believe, if the new job requirements is same or similar, there should be no problem with AC21.
Also, what can I request from the employer other than the job advertisement itself as evidence to make sure the position suits EB2 requirements.
jg888
07-20 10:06 AM
I am a July fiasco survivor. My 485 has been filed through AOS, so no worries there. I was supposed to get married in a few months, but my fiancee has rushed down to the US on her tourist visa. The plan was to get a civil marriage certificate done and have her atach her AOS with mine. Lawyer has now informed me that she needs to stay here till she gets AP otherwise the application is considered 'abandoned'. She has a life in her home country that she needs to get back to, She can't just drop everything and park herself here for the 4-6 months that AP is likelt to take for July applicants. Does anyone have any advice, or a similar situation? As I see it, my options are -
1. File AOS for her and let her leave, and take the chance that they will track her departure and cancel her application. If this happens, is she allowed to refile if the PD becomes current later?
2. Rush out of the US with her to get her back in on H4 visa. Challenge here is that it is near impossible to get an appointment at a US consulate before the 17th Aug window closes.
3. File her application through CP. She doesn't get interim benefits that way. Given my PD of EB3-June 2006, I'm not expecting a GC for at least 3 years, so this option really sucks.
Any suggestions from the community out there?
1. File AOS for her and let her leave, and take the chance that they will track her departure and cancel her application. If this happens, is she allowed to refile if the PD becomes current later?
2. Rush out of the US with her to get her back in on H4 visa. Challenge here is that it is near impossible to get an appointment at a US consulate before the 17th Aug window closes.
3. File her application through CP. She doesn't get interim benefits that way. Given my PD of EB3-June 2006, I'm not expecting a GC for at least 3 years, so this option really sucks.
Any suggestions from the community out there?
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amdn123
06-13 09:00 AM
Wow, this is news to me. Could you please clarify something, logiclife? I apply to another company, who gets me a 3 year H1B before my 6th year starts. Do I need to request my old company to keep my PERM and I-140 alive until the I-485 is filed and approved? I thought the only way to move to another company was after 3 months of applying for I-485. Thanks for the advice!
First of all, make sure you double check everything I say here with an immigration lawyer. I am not an immigration lawyer and my knowledge is based on forums like these.
Ok.
You still have another 2 months before you begin the last year of your initial 6-year H1 term.
If you new employer is willing to do H1, then FILE H1 as soon as possible. You will get a 3 year H1 term with your new employer based on your current 140 that is approved(with your current employer). The thing is - beyond the 6th year, you can get 3 year extensions of H1 if your 140 is approved(with someone, anyone, it doesnt have to be your employer at that time). Now, if you quit your current employer and go with new one and you end up getting only 1 year H1 with the new employer(in case if you cannot somehow use your current approved 140 to get a 3 year H1), then its still ok. But have your new employer start the new GC's labor right away. That way, you will have 365 days passed when your 6 year term is over in Aug 2007, making you eligible for 7th year of H1. This is very important.
Yes, if your old employer is going to withdraw your labor and 140, then your new employer will have to start GC from scratch. That begins with PERM labor. If you file under EB2, I think you can still transfer your priority date from your old EB3 labor and 140 to new EB2 process. (however, better make sure from a lawyer).
First of all, make sure you double check everything I say here with an immigration lawyer. I am not an immigration lawyer and my knowledge is based on forums like these.
Ok.
You still have another 2 months before you begin the last year of your initial 6-year H1 term.
If you new employer is willing to do H1, then FILE H1 as soon as possible. You will get a 3 year H1 term with your new employer based on your current 140 that is approved(with your current employer). The thing is - beyond the 6th year, you can get 3 year extensions of H1 if your 140 is approved(with someone, anyone, it doesnt have to be your employer at that time). Now, if you quit your current employer and go with new one and you end up getting only 1 year H1 with the new employer(in case if you cannot somehow use your current approved 140 to get a 3 year H1), then its still ok. But have your new employer start the new GC's labor right away. That way, you will have 365 days passed when your 6 year term is over in Aug 2007, making you eligible for 7th year of H1. This is very important.
Yes, if your old employer is going to withdraw your labor and 140, then your new employer will have to start GC from scratch. That begins with PERM labor. If you file under EB2, I think you can still transfer your priority date from your old EB3 labor and 140 to new EB2 process. (however, better make sure from a lawyer).
more...
San_Chez
03-19 01:33 PM
Hello jnrajan and King37:
I am planning to apply to Canadian PR. Can you help me with information?
Many thanks!
I am planning to apply to Canadian PR. Can you help me with information?
Many thanks!
andycool
06-10 07:46 AM
Hello All,
I was reading at some of the posts in this forum and they seem to have been quiet helpful.
My company has decided to go ahead with my GC process.
Its in the very early stage, but my immigration specialist gave me a heads up regarding something.
She said, that as I have a 3 yrs BE degree the USCIS may not recognize me under EB2 category :confused: So I explained her the education system in India, but she said that it depends upon the Credential Evaluation Agency which will process my educational qualification and prepare a report and submit it to USCIS.
Following this USCIS will make a decision whether to grant EB2 or EB3 category.
I am sure many of the members may have faced a similar Dilemma....Is there any specific solution to this?
To be precise I completed my Diploma from Mumbai & Degree from Pune University, followed by MS in US and currently working on H1B.
Please Advice.
Thanks,
Shakti
The below are the links from 3 different state Govt Admission Requirements for engineering which clearly mention about
Lateral Entry guys do little research ...you can fine such documents for all states in India
Google it and you will find such documents for every university .....
http://techeduhry.nic.in/brochures-0...hure-BE-09.pdf
http://www.vyapam.nic.in/Rulebooks/R..._RULE_BOOK.pdf
http://www.annauniv.edu/academic/be_...1_20.01.05.pdf
http://vtu.ac.in/regulation/05.B.E.-B.Tech.pdf
Thanks
Mail me your contact no.
I was reading at some of the posts in this forum and they seem to have been quiet helpful.
My company has decided to go ahead with my GC process.
Its in the very early stage, but my immigration specialist gave me a heads up regarding something.
She said, that as I have a 3 yrs BE degree the USCIS may not recognize me under EB2 category :confused: So I explained her the education system in India, but she said that it depends upon the Credential Evaluation Agency which will process my educational qualification and prepare a report and submit it to USCIS.
Following this USCIS will make a decision whether to grant EB2 or EB3 category.
I am sure many of the members may have faced a similar Dilemma....Is there any specific solution to this?
To be precise I completed my Diploma from Mumbai & Degree from Pune University, followed by MS in US and currently working on H1B.
Please Advice.
Thanks,
Shakti
The below are the links from 3 different state Govt Admission Requirements for engineering which clearly mention about
Lateral Entry guys do little research ...you can fine such documents for all states in India
Google it and you will find such documents for every university .....
http://techeduhry.nic.in/brochures-0...hure-BE-09.pdf
http://www.vyapam.nic.in/Rulebooks/R..._RULE_BOOK.pdf
http://www.annauniv.edu/academic/be_...1_20.01.05.pdf
http://vtu.ac.in/regulation/05.B.E.-B.Tech.pdf
Thanks
Mail me your contact no.
more...
pappu
01-02 08:34 PM
Many people like us want to do an automatic contribution. Can the website be modified for this. Setting up direct payment from bank account is more cumbersome as suggested by one member
thanks
IV is working on this and we shall be making this live shortly.
thanks
IV is working on this and we shall be making this live shortly.
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stueym
07-07 11:57 AM
Just wanted folks to know that our family recorded a video entry on Youtube for the CNN-YouTube presidential debate competition.
CNN-YouTube Democratic debate contest (http://www.youtube.com/contest/DemocraticDebate)
They are looking for a few winners that will be used to pose questions to democratic presidential contenders. My son who is an International Affairs/Poli-Sci student wanted to do this and wanted our support.
You can see our video here.
http://www.youtube.com/watch?v=Jt3AkZ1ID0w
The higher rating and more views/comments we get the more attention we will get from CNN.
CNN-YouTube Democratic debate contest (http://www.youtube.com/contest/DemocraticDebate)
They are looking for a few winners that will be used to pose questions to democratic presidential contenders. My son who is an International Affairs/Poli-Sci student wanted to do this and wanted our support.
You can see our video here.
http://www.youtube.com/watch?v=Jt3AkZ1ID0w
The higher rating and more views/comments we get the more attention we will get from CNN.
more...
like_watching_paint_dry
02-27 07:43 AM
Congrats!! And 6 months more of working for a bad employer is a small price to pay in the big picture. And there are lots of creative ways to kill 180 days. Cut your productivity and actively engage in finding a good job... take paternity vacations etc.
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tikka
08-06 09:48 AM
...bump...
I will be there..
I will be there..
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eb3_nepa
11-06 12:21 PM
Concurrent H-1Bs are always non-cap.:)
What does that mean?
I guess the reason i am asking is coz my spouse can possibly get a job offer in the near future and i was wondering if there was ANY way in which she can get an H1 and start working without having to wait for Oct 2007 :(
ANY alternative solutions guys? She is on H4 right now and we are both Indian citizens (born in India).
What does that mean?
I guess the reason i am asking is coz my spouse can possibly get a job offer in the near future and i was wondering if there was ANY way in which she can get an H1 and start working without having to wait for Oct 2007 :(
ANY alternative solutions guys? She is on H4 right now and we are both Indian citizens (born in India).
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champu
03-12 09:46 PM
Thank you all. I hope this year all of you would also sail through this tough journey.
more...
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krishmunn
05-05 07:52 PM
Soltan
I am assuming you never filed your 485 with old company .
In that case, you will now need to start your PERM agains with the new company. After PERM apply a new 140 and during this application you can request for the PD as per your old 140.
But you cannot directly use the old 140 for filing a new 485
I am assuming you never filed your 485 with old company .
In that case, you will now need to start your PERM agains with the new company. After PERM apply a new 140 and during this application you can request for the PD as per your old 140.
But you cannot directly use the old 140 for filing a new 485
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smuggymba
10-24 12:19 PM
Hello,
I have a baby in US. We have applied for birth certificate and ssn. we plan to travel to india in December. I plan to apply for US passport once i receive DOB and ssn certificates. I have following Q's -
If baby has to travel to india, do i need PIO or OCI?
What is difference b/w two?
Can i simultanesously apply for PIO/OCI along with US passport?
What documents would I need to apply PIO/OCI along and US passport?
How long does everything take?
Thanks,
ak_manu
u can only apply PIO....US passport takes 8-9 days in regular but since u plan to travel in december, u can expedite by paying some extra fee....then apply PIO in indian consulate
I have a baby in US. We have applied for birth certificate and ssn. we plan to travel to india in December. I plan to apply for US passport once i receive DOB and ssn certificates. I have following Q's -
If baby has to travel to india, do i need PIO or OCI?
What is difference b/w two?
Can i simultanesously apply for PIO/OCI along with US passport?
What documents would I need to apply PIO/OCI along and US passport?
How long does everything take?
Thanks,
ak_manu
u can only apply PIO....US passport takes 8-9 days in regular but since u plan to travel in december, u can expedite by paying some extra fee....then apply PIO in indian consulate
more...
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anilsal
06-17 12:06 AM
You will need to take multiple appointments to actually get the answers you are looking for. It all depends on how friendly the person is.
I have had at least one appointment where the lady was so kind that she actually told me the date/time my files were touched by the processing officer at the NSC. Infopass officers have a lot of information on their screens.
Dress decently.
It helps to have a friendlier inquisitive tone rather than desperation.
Remember these USCIS employees (infopass) see 100s of people in a week. There is no requirement for the person to provide you more information that they actually want to share.
Some days are busy for them with lots of appointments.
Some days there are just few people - when you have better chances of getting friendlier information.
I have had at least one appointment where the lady was so kind that she actually told me the date/time my files were touched by the processing officer at the NSC. Infopass officers have a lot of information on their screens.
Dress decently.
It helps to have a friendlier inquisitive tone rather than desperation.
Remember these USCIS employees (infopass) see 100s of people in a week. There is no requirement for the person to provide you more information that they actually want to share.
Some days are busy for them with lots of appointments.
Some days there are just few people - when you have better chances of getting friendlier information.
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gc28262
01-16 04:45 PM
AC21: if my new employer is open to do either EAD or H1, what should I prefer? I want to take the least risky route.
If employer offers H1B transfer, use that and also invoke AC21.
If employer offers H1B transfer, use that and also invoke AC21.
more...
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tikka
08-07 07:56 PM
and bump///
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RayP
12-11 02:31 AM
wow !! Good... so you too applied after your EAD had expired... and you continued to work on H1. That gives me a good feeling... thanks. Can you share your situation a little more (or I can give my email seperately). I was also wanting to know if you ae aware whether EAD can be applied from outside the US, just in case I had to do that...
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rpatel
02-13 08:26 PM
Work Together, Win Together.
Join IV to fight the injustice against 'legal Immigrants'
Join IV to fight the injustice against 'legal Immigrants'
Env_Engr
10-18 10:45 PM
Here are my details. I hope EAD comes in before this month end.
saravanaraj.sathya
08-08 03:23 PM
Jasmin - Thanks for ur reply. I know there are several posts regarding pay-stubs. but I was un-clear with the pay issue after filing I-485 thtz why I opened a new thread. I am sorry if it is not appropriate.
But I ve seen in some of the posts where ppl say that we can be on vacation, self-employed etc etc...what does it mean? do they still need to produce pay stubs....My Pd is Nov 2006 it may take several yrs..do they really dig deep from there to my first entry?
Its always safe to have paystubs for atlease 180 days after your 485 receipt date. If they call you for an interview at local office during adjudication, which may happen after anywhere from weeks, months, or years, there are chances that you may be asked to produce paystubs starting from month before interview date all the way back to your first H1 entry into US.
Please do not open new threads for these question for which there are several thread opened and are being discussed thru. Why don't you ask this question on one of those post?
But I ve seen in some of the posts where ppl say that we can be on vacation, self-employed etc etc...what does it mean? do they still need to produce pay stubs....My Pd is Nov 2006 it may take several yrs..do they really dig deep from there to my first entry?
Its always safe to have paystubs for atlease 180 days after your 485 receipt date. If they call you for an interview at local office during adjudication, which may happen after anywhere from weeks, months, or years, there are chances that you may be asked to produce paystubs starting from month before interview date all the way back to your first H1 entry into US.
Please do not open new threads for these question for which there are several thread opened and are being discussed thru. Why don't you ask this question on one of those post?
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