st4rguitar
08-22 12:11 AM
No. Once it has expired, it has expired. The DOL implemented the 180 day rule in July 2007, and since then, all cases have been subjected to it. I have not heard of any exceptions to this rule.
Hello,
I am from India. My employer had applied for PERM EB2 labor while my old EB3 labor was still pending. My EB3 labor, with priority date of MAR 2005, was approved before July fiasco and I was able to apply for 485/EAD/AP/etc.
Last August (2007), my PERM labor was approved too; I had the chance to file a new I140 and request interfiling with my existing 485 application. But my lawyer suggested me not file a new I140 and we let the approved EB2 labor expire.
Now, I am having second thoughts, as I did then. Is there any way I can use the old expired labor (> 180 days after approval). I know I cannot use it directly to file I140, but are there any ancillary benefits of having an approved, albeit expired labor? I am thinking of either checking with my employer if they can file a new EB2 PERM labor if I qualify, or switching my jobs.
Thanks.
Hello,
I am from India. My employer had applied for PERM EB2 labor while my old EB3 labor was still pending. My EB3 labor, with priority date of MAR 2005, was approved before July fiasco and I was able to apply for 485/EAD/AP/etc.
Last August (2007), my PERM labor was approved too; I had the chance to file a new I140 and request interfiling with my existing 485 application. But my lawyer suggested me not file a new I140 and we let the approved EB2 labor expire.
Now, I am having second thoughts, as I did then. Is there any way I can use the old expired labor (> 180 days after approval). I know I cannot use it directly to file I140, but are there any ancillary benefits of having an approved, albeit expired labor? I am thinking of either checking with my employer if they can file a new EB2 PERM labor if I qualify, or switching my jobs.
Thanks.
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GotGC??
09-06 07:20 PM
It looks like it has been transferred to NSC. Probably because your AOS is filed there, but more likely because you're from a region administered by NSC. Could you please confirm if that's the case. 450+ days is just ridiculous, but hope this change is one in the right direction.
Hi Guys,
I filed my EB3 I-140 to TSC in June 2006 and it is still pending (yes..really more than 450 days and counting...) Then in July 2007, I filed my AOS with NSC. Today, I got an email from CRIS stating that
Application Type: I140 , IMMIGRANT PETITION FOR ALIEN WORKER
Current Status: This case has been sent to another office for processing.
On September 4, 2007, we transferred this I140 IMMIGRANT PETITION FOR ALIEN WORKER to our LINCOLN, NE location for processing and sent you a notice explaining this action. Please follow any instructions on this notice. You will be notified by mail when a decision is made, or if the office needs something from you.
It is transferred to NSC because my AOS is filed with NSC? Have any one had this status change in the past? After this, how long did it tak to get your I-140 approved?
I am just curious because can I feel happy that atleast some progress? As you know, I am waiting for my I-140 for more than a year...
Hi Guys,
I filed my EB3 I-140 to TSC in June 2006 and it is still pending (yes..really more than 450 days and counting...) Then in July 2007, I filed my AOS with NSC. Today, I got an email from CRIS stating that
Application Type: I140 , IMMIGRANT PETITION FOR ALIEN WORKER
Current Status: This case has been sent to another office for processing.
On September 4, 2007, we transferred this I140 IMMIGRANT PETITION FOR ALIEN WORKER to our LINCOLN, NE location for processing and sent you a notice explaining this action. Please follow any instructions on this notice. You will be notified by mail when a decision is made, or if the office needs something from you.
It is transferred to NSC because my AOS is filed with NSC? Have any one had this status change in the past? After this, how long did it tak to get your I-140 approved?
I am just curious because can I feel happy that atleast some progress? As you know, I am waiting for my I-140 for more than a year...
godbless
06-25 05:32 PM
does that mean no hope left ? what r the other options ? isn't this whole process is for future employment and if i am licensed now than whats the problem in future employment i don't understand that part "future employment". i am on h1 now and if i will get my residency than i will be working at that position and i am licensed now. then why does the old date matters.
is it true guys ??
is it true guys ??
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gc_on_demand
01-08 02:47 PM
Nothing positive? Check this out:
http://immigrationvoice.org/forum/showthread.php?t=22242
There were those who got their I-140 cleared under EB2 and were practically jumping with joy at the door closing behind them. Some were even taking credit for the move :)
Generally it doesnot help to stop line behind you. But here in USCIS world that may help as people from 2006 got GC before people from 2004-5 . If no people from 2006 were there may be 2004- 05 people may have got their card.
but if new administration makes USCIS to more productive ,closing door behind any one will not help.
http://immigrationvoice.org/forum/showthread.php?t=22242
There were those who got their I-140 cleared under EB2 and were practically jumping with joy at the door closing behind them. Some were even taking credit for the move :)
Generally it doesnot help to stop line behind you. But here in USCIS world that may help as people from 2006 got GC before people from 2004-5 . If no people from 2006 were there may be 2004- 05 people may have got their card.
but if new administration makes USCIS to more productive ,closing door behind any one will not help.
more...
ags123
09-02 09:02 AM
Another amazing day is about to dawn on us :)
I should clarify 2 items on the poll:
a) I have compressed 3 mini polls in one to get max info. So percentages wont make sense.
b) The post jan 15th 2005 is to know how many approvals did not have PD current. I see 4 people voting for it. I am not polling who is waiting with post jan 15 2005 PD.
I should clarify 2 items on the poll:
a) I have compressed 3 mini polls in one to get max info. So percentages wont make sense.
b) The post jan 15th 2005 is to know how many approvals did not have PD current. I see 4 people voting for it. I am not polling who is waiting with post jan 15 2005 PD.
abhi_jais
01-09 02:31 PM
Dear All,
I saw your website & thought may be you guys can help me solving my query about H1 transfer. I am holding a H1B valid till 2009. A month back a new company had filed a H1 transfer & I started working for them. Now I have 2 paystubs from this new company & I am getting a very good offer from another company & I would like to go for this offer. So my question is on the basis of these two recent paystubs can I get my visa transferred to the 3rd company while another visa transfer is in progress?
I saw your website & thought may be you guys can help me solving my query about H1 transfer. I am holding a H1B valid till 2009. A month back a new company had filed a H1 transfer & I started working for them. Now I have 2 paystubs from this new company & I am getting a very good offer from another company & I would like to go for this offer. So my question is on the basis of these two recent paystubs can I get my visa transferred to the 3rd company while another visa transfer is in progress?
more...
thakurrajiv
09-17 12:16 PM
This is interesting. Do you know more about the program ?
The website has very little info. They want $75 fee to get started.
Is there info on who offers the degree, how many courses need to be taken, how long does it take etc ?
The website has very little info. They want $75 fee to get started.
Is there info on who offers the degree, how many courses need to be taken, how long does it take etc ?
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cbpds
04-16 01:42 PM
It has been posted in IV already
Good Read
http://www.nfap.com/pdf/1003h1b.pdf
Good Read
http://www.nfap.com/pdf/1003h1b.pdf
more...
looneytunezez
06-05 07:02 PM
Overtime is paid only if you are a non-exempt employee - usually means you get paid hourly. If you are an exempt employee, then you are not eligible for overtime. Not sure if this is different in different states, but that is how it works in Ohio.
Same is true here in CA (Only non-exempt employees get overtime).
Again, check with your state agency regards to overtime pay..... or consult a employment attorney...
Same is true here in CA (Only non-exempt employees get overtime).
Again, check with your state agency regards to overtime pay..... or consult a employment attorney...
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mpadapa
10-26 09:36 AM
bump
more...
bugsbunny
03-24 03:29 PM
i don't believe there can be any guarantee against getting RFE or NOID. You can take precautions by following the regulations and yes having a job/job title in the same or similar occupations.
There is a lot of guidance about what constitutes "same or similar"... from USCIS
There are labor codes for every position/occupation in the Dept. of Labor...make sure yours falls within the same as directed by the USCIS guidance.
Hope this helps!
There is a lot of guidance about what constitutes "same or similar"... from USCIS
There are labor codes for every position/occupation in the Dept. of Labor...make sure yours falls within the same as directed by the USCIS guidance.
Hope this helps!
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ilikekilo
04-09 03:50 PM
I just received an email from USCIS saying that my I-140 has been denied. I touched base with the attorney & she has not yet received any documentation from USCIS. This has been the 1st change in my status since Aug 07. My case is pending at TSC.
Does anyone know if this is a fairly common occurance for USCIS to deny I-140 without an RFE? Any advise on what to do next?
Thanks.
sorry to hear that and look at this link , might throw some insight once you know the reason..
http://www..com/usa-discussion-forums/i140/304574943
Does anyone know if this is a fairly common occurance for USCIS to deny I-140 without an RFE? Any advise on what to do next?
Thanks.
sorry to hear that and look at this link , might throw some insight once you know the reason..
http://www..com/usa-discussion-forums/i140/304574943
more...
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smuggymba
05-12 04:01 PM
Hello,
Is it possible to file I-140 without joining the employer? Can one join the employer after the PERM and I-140 are approved? Any risks in this case?
Thanks
u can file but u have to join the petition filing employer once u get GC or otherwise it will be fraud.
Is it possible to file I-140 without joining the employer? Can one join the employer after the PERM and I-140 are approved? Any risks in this case?
Thanks
u can file but u have to join the petition filing employer once u get GC or otherwise it will be fraud.
tattoo Prestige Emblems - 07-12-2010,
PD_Dec2002
03-20 07:58 AM
Can i travel back to USA via London/UK without a valid US visa but with a valid AP?
London is kind of picky to make sure we have a valid US visa when traveling via their country and have to change planes.
My friend was coming back to USA via Emirates (Dubai/London/USA) and he was prevented to board the Dubai to London segment because he did not have a valid USA visa and they were not considering the AP documents.
Flew in on BA via London using my AP in February and everything was fine. They all know what an AP is. But I hope you are aware that you are required to have a UK transit visa since you do not have a valid US visa; just an AP. That's approx $92 per visa.
Or you can perform a search on these forums for a thread that listed the airlines (countries, actually) that do not require you to have a transit visa if you are reentering US on a AP.
Thanks,
Jayant
London is kind of picky to make sure we have a valid US visa when traveling via their country and have to change planes.
My friend was coming back to USA via Emirates (Dubai/London/USA) and he was prevented to board the Dubai to London segment because he did not have a valid USA visa and they were not considering the AP documents.
Flew in on BA via London using my AP in February and everything was fine. They all know what an AP is. But I hope you are aware that you are required to have a UK transit visa since you do not have a valid US visa; just an AP. That's approx $92 per visa.
Or you can perform a search on these forums for a thread that listed the airlines (countries, actually) that do not require you to have a transit visa if you are reentering US on a AP.
Thanks,
Jayant
more...
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acecupid
06-12 04:30 PM
Guru, I intend to seek your opinion/thoughts on some thing that is going on in mind.
I am working as a contractor for a Insurance Company. My GC process is started thru a desi consulting company. Priority date is Jun 2007 EB3 - India
The company is now offerring me to join them as permanent employee. They are saying they can help me with immigration.
My question is .. I dont understand how they can help me. I think the best they can do it apply as EB2 - India. (Which we heard recently is no better then my current EB3 India.)
Am I missing anything here ? Trying to make up my mind one way or the other (to accept this position or not.)
Didnt you ask your desi company how they will help in GC process if you join full time ?
I am working as a contractor for a Insurance Company. My GC process is started thru a desi consulting company. Priority date is Jun 2007 EB3 - India
The company is now offerring me to join them as permanent employee. They are saying they can help me with immigration.
My question is .. I dont understand how they can help me. I think the best they can do it apply as EB2 - India. (Which we heard recently is no better then my current EB3 India.)
Am I missing anything here ? Trying to make up my mind one way or the other (to accept this position or not.)
Didnt you ask your desi company how they will help in GC process if you join full time ?
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desi3933
01-25 01:44 PM
Hi All
My AP document expired in NOv 2008. I traveled to India and got back in Aug 2008. The officer stamped the document and wrote paroled until Aug 2009.
Can I travel on this document?
Please advise.
Thank you.
No.
____________________
Not a legal advice.
US Citizen of Indian Origin
My AP document expired in NOv 2008. I traveled to India and got back in Aug 2008. The officer stamped the document and wrote paroled until Aug 2009.
Can I travel on this document?
Please advise.
Thank you.
No.
____________________
Not a legal advice.
US Citizen of Indian Origin
more...
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davesmith
01-29 09:33 AM
Please let me know how can i get information for Family Based GC Category 2B. I am trying to find out expected time frame for GC filled in 2B category in May 2005.
I would be very thankful for you immediate reply.
Please Reply
Thanks
I would be very thankful for you immediate reply.
Please Reply
Thanks
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Munna Bhai
04-18 11:21 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
45 day rule is not implemented yet.
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
45 day rule is not implemented yet.
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number30
05-13 06:24 PM
Can anyone tell me how serious this is?
We filled out all paperwork and forwarded to the lawyers 3 weeks ago, who filed it for us.
As I'm writing out a proxy for my dad to vote in my homecountry in upcoming elections, I somehow realize I wrongly entered his birthday on the G-325A, I put down June 6th, rather then June 8th. (got confused mixing it up with my husband's birthday)
Totally stupid :o, I know, I know. I'm so worried over this now, I can't sleep anymore, I can't eat anymore :(.
Of course I have already filled out a corrected G-325A & forwarded it to the lawyers handling our applications, but what could the consequences be? I'm so worried!
This was just a mistake made in a moment of not paying attention. :( :(
Do not worry, nothing will happen. Typo happens. One of my friends entered his wife's birth day as his Birthday. We sent correction letter mentioning what happened. USCIS acknowledge the changes in a response and he got his green card. This was in early 2009.
We filled out all paperwork and forwarded to the lawyers 3 weeks ago, who filed it for us.
As I'm writing out a proxy for my dad to vote in my homecountry in upcoming elections, I somehow realize I wrongly entered his birthday on the G-325A, I put down June 6th, rather then June 8th. (got confused mixing it up with my husband's birthday)
Totally stupid :o, I know, I know. I'm so worried over this now, I can't sleep anymore, I can't eat anymore :(.
Of course I have already filled out a corrected G-325A & forwarded it to the lawyers handling our applications, but what could the consequences be? I'm so worried!
This was just a mistake made in a moment of not paying attention. :( :(
Do not worry, nothing will happen. Typo happens. One of my friends entered his wife's birth day as his Birthday. We sent correction letter mentioning what happened. USCIS acknowledge the changes in a response and he got his green card. This was in early 2009.
beautifulMind
07-26 09:56 AM
labor is indeed more than 1 year old. Are you completely sure about this rule since having an approved 140 gives you a 3 year extemsion
venky08
06-13 11:00 PM
As usual to complicate decision making.... :mad:
Today PD (aug 2006 / EB3) is now current :) and I have my I 140 approved.
I also have another job offer which looks great. :confused: But they will start GC only after 3-4 months!
Should I just stick on to my current job and ride it out for 6 months to get EAD?
When does one get EAD 3 months after filing 485 or after 6?
Also if the dates retrogress, will 485 get approved? or Should the date remain current till 485 gets approved?
A bird in the hand is better than two in the bush...rest is upto you...
Today PD (aug 2006 / EB3) is now current :) and I have my I 140 approved.
I also have another job offer which looks great. :confused: But they will start GC only after 3-4 months!
Should I just stick on to my current job and ride it out for 6 months to get EAD?
When does one get EAD 3 months after filing 485 or after 6?
Also if the dates retrogress, will 485 get approved? or Should the date remain current till 485 gets approved?
A bird in the hand is better than two in the bush...rest is upto you...
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