amitnaik
08-22 04:44 PM
Here are the details:
Working with an employer since 2001, EB 3 PD Dec 2003, EAD in 2007, Still on H1b until Nov 10. Though had two masters i had filed under EB 3 (no one to balim it was just me...Small Company, not so called HR department and hired not so high profile/deligent lawyer (later found out that he was busy moving from west to east coast)
With the same employer, i have rec'd EB 2 approval, want to file I 140 and port EB 3 PD.
Need help/input with folloiwng from the gurus:
1) in EB 3 application the title is "Construction Engineer" with 4 lines of scope of work clarification with bachelors degree in civil engg. and no experience requirement. In EB 2 application, we have used same title "Construction Engineer" with 4 lines of scope of work, we had left 2 lines common (as earlier in EB3 application) and 2 new lines (related to environmental engg. since i have two env. engg. masters with BE in civil engg.)......this ad asked for MS in env. engg. or similar degree with no experience requirement.
Question: EB 2 Labor is approved, i am not sure what they check with i 140 application but does above sound reasonable (not that anything can be changed...but asking for an opinion here).
2) With premium processing, how long it takes to get I140 approved?
3) Do we just file for I 140 for EB 2 first, get it approved and then file letter/application ( i don't know the procedure/protocol) asking to port PD OR do we need file some sort of paper work with I140 to port PD.
Appreciate your help.
Thanks in advance.
Working with an employer since 2001, EB 3 PD Dec 2003, EAD in 2007, Still on H1b until Nov 10. Though had two masters i had filed under EB 3 (no one to balim it was just me...Small Company, not so called HR department and hired not so high profile/deligent lawyer (later found out that he was busy moving from west to east coast)
With the same employer, i have rec'd EB 2 approval, want to file I 140 and port EB 3 PD.
Need help/input with folloiwng from the gurus:
1) in EB 3 application the title is "Construction Engineer" with 4 lines of scope of work clarification with bachelors degree in civil engg. and no experience requirement. In EB 2 application, we have used same title "Construction Engineer" with 4 lines of scope of work, we had left 2 lines common (as earlier in EB3 application) and 2 new lines (related to environmental engg. since i have two env. engg. masters with BE in civil engg.)......this ad asked for MS in env. engg. or similar degree with no experience requirement.
Question: EB 2 Labor is approved, i am not sure what they check with i 140 application but does above sound reasonable (not that anything can be changed...but asking for an opinion here).
2) With premium processing, how long it takes to get I140 approved?
3) Do we just file for I 140 for EB 2 first, get it approved and then file letter/application ( i don't know the procedure/protocol) asking to port PD OR do we need file some sort of paper work with I140 to port PD.
Appreciate your help.
Thanks in advance.
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crystal
07-12 11:56 PM
Don not open multiple threads for the same post.Please
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ss_col
04-18 11:14 AM
Hi everyone,
I got my labor approved under perm on Sept 11th however I have not filed for I140 as yet. This is because of employer making n reasons to file the same. Anyways, if the 45 day rule comes into play - does my labor get cancelled as it has been more than 45 days since it has been approved or does the 45 day period start after April 26th. How many of you think this rule will come out. I hope it does. That way employers will have no choice but to file I 140. A lot of employers now adays are stalling filing the same since they fear the employee will move. Am I the only one facing the same problem or are there others as well?
Thanks and regards
I got my labor approved under perm on Sept 11th however I have not filed for I140 as yet. This is because of employer making n reasons to file the same. Anyways, if the 45 day rule comes into play - does my labor get cancelled as it has been more than 45 days since it has been approved or does the 45 day period start after April 26th. How many of you think this rule will come out. I hope it does. That way employers will have no choice but to file I 140. A lot of employers now adays are stalling filing the same since they fear the employee will move. Am I the only one facing the same problem or are there others as well?
Thanks and regards
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rockstart
01-17 07:38 PM
Just curious PD of 2004 gets an RFE on I 140 in 2009? Howz that possible? how many years was your labor pending
more...
gc28262
07-07 12:05 PM
My EAD expires on 07/28/2010. My EAD renewal is currently pending (applied online on 5/18/2010 at NSC). My AP expires on 08/24/2010. I am planning to apply for AP renewal once I finish my move to new address.
So, I really don't know which date to put. BTW, USCIS online application didn't mark that field as required.
Put the latest date ( AP ) . May be you can indicate that you are on AOS.
So, I really don't know which date to put. BTW, USCIS online application didn't mark that field as required.
Put the latest date ( AP ) . May be you can indicate that you are on AOS.
prasadn
02-04 05:04 PM
Since you were out of the country for more than a year on your previous H1 and subsequently you came to US on a H-4 visa, if you apply for H-1 now, you start afresh. You cannot "transfer" your old H-1 AFAIK, please check with other gurus on this forum.
Also, what this means is since this year's quota is exhausted you probably will have to apply after April 1st and if your H1 is approved, it will have a start date of Oct 1, 2010.
Hope this helps.
Hi,
I have an H1, with a receipt date of April 2006. It was valid till July 2008. I came to US on that H1 in 2007 for 2 months. After that I have been working in India till March 2009.
Currently I am on H4. And there is a gap in employment since March 2009.
I have got an offer now and employer will take care of my H1.
I need to know what is the process of H4 to H1 in this case.? Can anybody help me
How much time does this change of status takes place?
The H1 now will be valid for how much time?
Will it depend on my husband's expiry date of H1. My husband's H1 is expiring in Sep 2010
Is it not recommended to move out of the country till status is changed from H4 to H1.
Please somebody reply. Its urgent!
Thanks in advance
Pooja
Also, what this means is since this year's quota is exhausted you probably will have to apply after April 1st and if your H1 is approved, it will have a start date of Oct 1, 2010.
Hope this helps.
Hi,
I have an H1, with a receipt date of April 2006. It was valid till July 2008. I came to US on that H1 in 2007 for 2 months. After that I have been working in India till March 2009.
Currently I am on H4. And there is a gap in employment since March 2009.
I have got an offer now and employer will take care of my H1.
I need to know what is the process of H4 to H1 in this case.? Can anybody help me
How much time does this change of status takes place?
The H1 now will be valid for how much time?
Will it depend on my husband's expiry date of H1. My husband's H1 is expiring in Sep 2010
Is it not recommended to move out of the country till status is changed from H4 to H1.
Please somebody reply. Its urgent!
Thanks in advance
Pooja
more...
sab
11-01 07:44 PM
I am number 4.
Thanks for the info.
Thanks for the info.
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smartboy75
06-30 05:48 PM
Since your attorney is not filing (No G28 is filed when you DIY). I did this and I got approval for both EAD/AP in a month's time.
Did you efile or paper file ???
Also did u receive any finger-printing notice ???
Did you efile or paper file ???
Also did u receive any finger-printing notice ???
more...
a_yaja
03-09 07:40 PM
Anyone who has succefully self filed for an Advanced Parole who can help me on this question?
What is the answer you put to answer the question:
"On a seperate sheet of papaer, please explain how you qualify for an advance parole and what circumstansces warrant issuance of advance parole. include copies of any documents you wish considered. "
Thank you.
I entered exactly the following on a separate sheet for that item:
"Pending adjustment of status petition. Lengthy adjustment and the need to visit family from time to time."
I self filed for I-131 (both for my spouse and myself) and had no problem with the approval.
What is the answer you put to answer the question:
"On a seperate sheet of papaer, please explain how you qualify for an advance parole and what circumstansces warrant issuance of advance parole. include copies of any documents you wish considered. "
Thank you.
I entered exactly the following on a separate sheet for that item:
"Pending adjustment of status petition. Lengthy adjustment and the need to visit family from time to time."
I self filed for I-131 (both for my spouse and myself) and had no problem with the approval.
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invincibleasian
02-25 07:08 PM
Hi,
A couple of questions on the simaltaneous filing of I-140 and I-485
1) I had read somewhere that USCIS was going to stop the same. Has that happened yet?
2) Say a person has applied for the I-140 but cannot simaltaneously apply for 485 due to retrogression. In the event that the dates become current BUT the I-140 is not yet approved, can the person still file for the 485 under the simultaneous filing or does he have to wait till the I-140 is actually approved?
Once a I140 is filed without the I485 one has to wait for I140 approval before being eigible for filing I485
A couple of questions on the simaltaneous filing of I-140 and I-485
1) I had read somewhere that USCIS was going to stop the same. Has that happened yet?
2) Say a person has applied for the I-140 but cannot simaltaneously apply for 485 due to retrogression. In the event that the dates become current BUT the I-140 is not yet approved, can the person still file for the 485 under the simultaneous filing or does he have to wait till the I-140 is actually approved?
Once a I140 is filed without the I485 one has to wait for I140 approval before being eigible for filing I485
more...
mhtanim
09-10 03:01 PM
My understanding is that once you I-485 gets approved, the H4 gets invalided. She needs an AP to return.
I have read at many forums that at the POE, the officer may not be able to see if the H4 has been invalided or not and may allow her to get in with H4. But if that happens, I think she will be in big trouble . As you know, it's always our responsibility to maintain status and act accordingly. This is why most of the lawyers suggest to carry AP.
I have read at many forums that at the POE, the officer may not be able to see if the H4 has been invalided or not and may allow her to get in with H4. But if that happens, I think she will be in big trouble . As you know, it's always our responsibility to maintain status and act accordingly. This is why most of the lawyers suggest to carry AP.
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sanju_dba
03-10 10:59 AM
Any body has a soft LUD on approved EAD while I 485 pending.
Mine is 485 pending and my AP had (soft) LUD dated mid of Feb 2011.
Soft Vs Hard explained here (http:///2011/01/hard-vs-soft-lud-how-to-use-it-to-track.html)
Mine is 485 pending and my AP had (soft) LUD dated mid of Feb 2011.
Soft Vs Hard explained here (http:///2011/01/hard-vs-soft-lud-how-to-use-it-to-track.html)
more...
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jackhardy
02-03 01:02 PM
i used this letter as a template.
Letter to President Obama & USCIS re: Green Card Processing Delays and Immigration Reform | E3 Visa (http://e3visa.info/2009/11/07/letter-to-president-obama-green-card/)
Letter to President Obama & USCIS re: Green Card Processing Delays and Immigration Reform | E3 Visa (http://e3visa.info/2009/11/07/letter-to-president-obama-green-card/)
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perm2gc
08-30 03:03 PM
Please help me out here.
I filed I-140 in EB2 category on September 30, 2005 at Vermont service center. I also filed I-1485 concurrently with I-140 and fingerprinted in December 2005. My I-140 was approved in June 2006. But I-1485 is still pending due to retrogression/non-availability of visa numbers to Indian nationals in EB2 category.
To avoid the retrogression in EB2 category I filed another I-140 in EB1 (since visa number is available in this category for Indian nationals) on May 1, 2006 at Texas service center (due to bi-specialization). This I-140 was approved in August 2006.
I have following questions regarding my case:
1) Can I use the I-485, which was concurrently filed with EB2 I-140 and link it with EB1 I-140.
a. If yes, where do I file my request since I-485 is pending in Vermont and EB1 I-140 is approved by Texas?
b. If no, is there any other alternative to use the EB1 I-140 priority dates?
Thanks!
Mat
Your attorney is the best bet..Dont make decision of your future on message board as everyone are not well verse in every aspect of immigration.
I filed I-140 in EB2 category on September 30, 2005 at Vermont service center. I also filed I-1485 concurrently with I-140 and fingerprinted in December 2005. My I-140 was approved in June 2006. But I-1485 is still pending due to retrogression/non-availability of visa numbers to Indian nationals in EB2 category.
To avoid the retrogression in EB2 category I filed another I-140 in EB1 (since visa number is available in this category for Indian nationals) on May 1, 2006 at Texas service center (due to bi-specialization). This I-140 was approved in August 2006.
I have following questions regarding my case:
1) Can I use the I-485, which was concurrently filed with EB2 I-140 and link it with EB1 I-140.
a. If yes, where do I file my request since I-485 is pending in Vermont and EB1 I-140 is approved by Texas?
b. If no, is there any other alternative to use the EB1 I-140 priority dates?
Thanks!
Mat
Your attorney is the best bet..Dont make decision of your future on message board as everyone are not well verse in every aspect of immigration.
more...
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monicasgupta
05-22 09:10 AM
I have soft LUDs since last 4 consecutive dates i.e, 05/18, 05/19, 05/20, 05/21.
PD(EB2) - June 2006
I-140 - Approved Nov 2008
I-485(FD) - 01/08/2007
PD(EB2) - June 2006
I-140 - Approved Nov 2008
I-485(FD) - 01/08/2007
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Prashanthi
07-14 05:55 PM
Can she open a business on H4 and won't need B1/B2 (I read somewhere that Canadian citizens generally come on B1/B2 to establish a business and then apply for E2)? Let's take an example, we invest 50K into a business and which employs 5-6 US citizens and also buys raw material/products from US suppliers with profit generated is 3K per month, will that be OK? Also, since she is on H4 and I am on H1 and none of us can work for the business how do we set it up?
Remember that you can be a passive investor on H-4 but you cannot run a business, you might be able to incorporate a company as long as you do not take any profit from the same. To be safe ask you spouse to go to the US consulate in Canada and get a business visa and enter on the same. She can always revert to H-4 at any time.
Remember that you can be a passive investor on H-4 but you cannot run a business, you might be able to incorporate a company as long as you do not take any profit from the same. To be safe ask you spouse to go to the US consulate in Canada and get a business visa and enter on the same. She can always revert to H-4 at any time.
more...
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realist
01-07 09:08 AM
Rep. Steve King (R-Iowa) isn�t wasting any time with his immigration agenda, dropping a bill on the first day of Congress that goes after birthright citizenship.
King�s measure would amend the Immigration and Nationality Act, ending automatic citizenship for anyone born in the country. Instead, the measure requires that only the children of citizens, legal immigrants permanently living in the country or immigrants in the military, be granted citizenship.
Republicans grabbed headlines last summer after Sen. Lindsey Graham (R-S.C.) criticized the longstanding law, saying it encourages pregnant women to come to the country to have children so they can eventually become citizens themselves.
Though others have called for changing the 14th Amendment, King said that ending birthright citizenship through statute makes sense because it�s easier to do.
�We need to address anchor babies,� he told POLITICO Wednesday. �This isn�t what our founding fathers intended.�
Immigration legislation isn�t high on the list of priorities for House GOP leaders.
At least five other members � Reps. Phil Gingrey (R-Ga.), Gary Miller (R-Calif.), Rob Woodall (R-Ga.), Brian Bilbray (R-Calif.) and Dana Rohrabacher (R-Calif.) � are co-sponsoring King�s measure.
Read more: Steve King unveils birthright bill - Simmi Aujla - POLITICO.com (http://www.politico.com/news/stories/0111/47125.html#ixzz1AMXwXFZJ)
King�s measure would amend the Immigration and Nationality Act, ending automatic citizenship for anyone born in the country. Instead, the measure requires that only the children of citizens, legal immigrants permanently living in the country or immigrants in the military, be granted citizenship.
Republicans grabbed headlines last summer after Sen. Lindsey Graham (R-S.C.) criticized the longstanding law, saying it encourages pregnant women to come to the country to have children so they can eventually become citizens themselves.
Though others have called for changing the 14th Amendment, King said that ending birthright citizenship through statute makes sense because it�s easier to do.
�We need to address anchor babies,� he told POLITICO Wednesday. �This isn�t what our founding fathers intended.�
Immigration legislation isn�t high on the list of priorities for House GOP leaders.
At least five other members � Reps. Phil Gingrey (R-Ga.), Gary Miller (R-Calif.), Rob Woodall (R-Ga.), Brian Bilbray (R-Calif.) and Dana Rohrabacher (R-Calif.) � are co-sponsoring King�s measure.
Read more: Steve King unveils birthright bill - Simmi Aujla - POLITICO.com (http://www.politico.com/news/stories/0111/47125.html#ixzz1AMXwXFZJ)
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srikondoji
04-11 04:58 PM
18000 change as of yesterday (April 10).
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eb3retro
09-15 01:39 PM
Please update your profile.
Applying AP second time....
Application submitted online - 09/09
Possible RFE date - 09/10 ( I didn't check)
9/11 and 9/12 (weekends)
Supporting document received by USCIS - 9/13 (Morning)
Checked the status on 09/14/2010 - The current status is - Request for Evidence Response Review
---------------------------------------------------------------
On September 13, 2010, we received your response to our request for evidence. This case is being processed at our NEBRASKA SERVICE CENTER location. If you move while this case is pending, please use our Change of Address online tool to update your case with your new address .......
---------------------------------------------------------------
Soft LUD on 9/14 and 9/15
Not sure if they issued an RFE or just changed the status. I have just submitted the supporting document after E-File.
Anyone is similar situation?
Applying AP second time....
Application submitted online - 09/09
Possible RFE date - 09/10 ( I didn't check)
9/11 and 9/12 (weekends)
Supporting document received by USCIS - 9/13 (Morning)
Checked the status on 09/14/2010 - The current status is - Request for Evidence Response Review
---------------------------------------------------------------
On September 13, 2010, we received your response to our request for evidence. This case is being processed at our NEBRASKA SERVICE CENTER location. If you move while this case is pending, please use our Change of Address online tool to update your case with your new address .......
---------------------------------------------------------------
Soft LUD on 9/14 and 9/15
Not sure if they issued an RFE or just changed the status. I have just submitted the supporting document after E-File.
Anyone is similar situation?
supercomp
01-26 01:04 AM
I am asking this question for relative of mine. I wanted to get some honest opinions.
My relative was manager in India for family company (extended family) for 3-4 years. He received visitor visa about 2 years ago, and subsequently arrived in US.
After taking extended tour of US, he felt that he could expand Indian company's business in US. His companied in India tried to open up business in US. He received L1A for 1 year. However, due to bad economy, business advantature wasn't successful.
He wanted to try to stay in US and try some other management position for established company. Subsequently applied for H1B. He recently received denial notice from USCIS.
Currently, original L1A is expired. L1A extension is pending (lawyer was late in filing, and only filed 7 days before expiration of original L1A).
Is he out of status at this point (expired L1A and denied H1B)? L1A extension is still pending.
What are his option if he wants to stay LEGALLY in US?
Please excuse my ignorance but I do not know much about immigrations, as I am US Citizen myself and never had to go through this grusome process.
I would also appreciate attorney's input.
My relative was manager in India for family company (extended family) for 3-4 years. He received visitor visa about 2 years ago, and subsequently arrived in US.
After taking extended tour of US, he felt that he could expand Indian company's business in US. His companied in India tried to open up business in US. He received L1A for 1 year. However, due to bad economy, business advantature wasn't successful.
He wanted to try to stay in US and try some other management position for established company. Subsequently applied for H1B. He recently received denial notice from USCIS.
Currently, original L1A is expired. L1A extension is pending (lawyer was late in filing, and only filed 7 days before expiration of original L1A).
Is he out of status at this point (expired L1A and denied H1B)? L1A extension is still pending.
What are his option if he wants to stay LEGALLY in US?
Please excuse my ignorance but I do not know much about immigrations, as I am US Citizen myself and never had to go through this grusome process.
I would also appreciate attorney's input.
maheshf
03-23 11:49 AM
Bump
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