immi_enthu
01-12 02:04 AM
Hey here is a situation:
I have over 7 years of experience in IT
Come with a 4 year bachelor and 2 year masters from India from a non-computers background.
Have a diploma (1 year in computers)
few other computer certificate courses.
I work for Fortune's Best software company as sr. software qa engineer. My company wants to go ahead filing for my GC.
My company attorney says am not eligbile for EB2 based on the above but eligible for EB3. I am confused because I already have an EB2 being filed for future employment from a small company.
So I kind of guessing my company attorney's want to play safe to be on EB3 rather than EB2.
So what do u guys think that my company attorney is correct.
My understanding is that with the above qualifications, I am eligible for EB2.
Am I wrong????
Why EB2 ? Isn't EB3 doing better for India than EB2.
I have over 7 years of experience in IT
Come with a 4 year bachelor and 2 year masters from India from a non-computers background.
Have a diploma (1 year in computers)
few other computer certificate courses.
I work for Fortune's Best software company as sr. software qa engineer. My company wants to go ahead filing for my GC.
My company attorney says am not eligbile for EB2 based on the above but eligible for EB3. I am confused because I already have an EB2 being filed for future employment from a small company.
So I kind of guessing my company attorney's want to play safe to be on EB3 rather than EB2.
So what do u guys think that my company attorney is correct.
My understanding is that with the above qualifications, I am eligible for EB2.
Am I wrong????
Why EB2 ? Isn't EB3 doing better for India than EB2.
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Lasantha
06-07 11:53 AM
Guys,
I just wanted to share some good news. I had two approved LCs. One with PD EB3 ROW March 05 and the other with ROW EB3 March 06. I had already filed the I-140 for the March 06 but not for the March 05 one. That was because of the way the job requirement was worded in that LC. The attorney was not sure if it would be approved. Anyway since the earlier PD became current in June I decided to take a chance and file I-140 for that earlier PD LC with PP. And what do you know, it got approved today and that allowes me to file for AOS this month. It was a bit of a gamble with money but it worked!!! :cool:
Lasantha
I just wanted to share some good news. I had two approved LCs. One with PD EB3 ROW March 05 and the other with ROW EB3 March 06. I had already filed the I-140 for the March 06 but not for the March 05 one. That was because of the way the job requirement was worded in that LC. The attorney was not sure if it would be approved. Anyway since the earlier PD became current in June I decided to take a chance and file I-140 for that earlier PD LC with PP. And what do you know, it got approved today and that allowes me to file for AOS this month. It was a bit of a gamble with money but it worked!!! :cool:
Lasantha
zamoo
09-13 11:48 PM
I have to admit that I'm a little less educated in these immigration things than a lot of others. So, some questions might be of very basic nature.
I have been with a company for almost 9 years now. It was a relatively small one (2000 people). A bigger company (20,000 people) bought that. And, an even bigger (70,000 people) one bought that !! In all this process, my H-1B and GreenCard applications have been well-cared for by the company attorneys/lawyers. My I485 was filed in July 2007 during the rush. I have EAD...it has been renewed once as well.
My PD is NOT current as of September VB.
Although I have EAD, I used my H-1B extension to enter US in 2008 as this H-1B is valid till Jun 2010.
Now, I see a possibility of getting laid-off due to the latest acquisition/merger.
In order to find a new job, I want to know what all things I should care about and/or worry about. I don't think if I get laid-off, the company will do anything nasty without talking to me or at least telling me. So, here is what I'm trying to find out :
00. Should I immediately hire a lawyer to care for my pending I485 case with USCIS ?
01. If laid-off, what documents should I ask from my company for my records ?
02. I have EAD. So, is it true that I can still live in US as long as I want/my case is in pending status even if I cannot land a job ? If not true, how much time do I have on my hands to wrap-up and leave ?
03. Do I HAVE TO find a new employer that will be willing to support my I485 case ? If so, what all things the new employer will need to do ? Or, can I join a company that is may not be willing to support a foreign national's GC process and handle the case myself ?
04. Is it ABSOLUTELY necessary to find a job that identical to what job I'm currenytly doing and my LC was certified for ?
05. If and when laid-off, can I do part-time jobs that are related to the field of my epertise but not same in nature as in my LC. For example : If I'm a Java programmer, can I teach at a training institute couple hours a day, 3-days a week ?
Any response will be very much appreciated...
Thanks&Regards
I have been with a company for almost 9 years now. It was a relatively small one (2000 people). A bigger company (20,000 people) bought that. And, an even bigger (70,000 people) one bought that !! In all this process, my H-1B and GreenCard applications have been well-cared for by the company attorneys/lawyers. My I485 was filed in July 2007 during the rush. I have EAD...it has been renewed once as well.
My PD is NOT current as of September VB.
Although I have EAD, I used my H-1B extension to enter US in 2008 as this H-1B is valid till Jun 2010.
Now, I see a possibility of getting laid-off due to the latest acquisition/merger.
In order to find a new job, I want to know what all things I should care about and/or worry about. I don't think if I get laid-off, the company will do anything nasty without talking to me or at least telling me. So, here is what I'm trying to find out :
00. Should I immediately hire a lawyer to care for my pending I485 case with USCIS ?
01. If laid-off, what documents should I ask from my company for my records ?
02. I have EAD. So, is it true that I can still live in US as long as I want/my case is in pending status even if I cannot land a job ? If not true, how much time do I have on my hands to wrap-up and leave ?
03. Do I HAVE TO find a new employer that will be willing to support my I485 case ? If so, what all things the new employer will need to do ? Or, can I join a company that is may not be willing to support a foreign national's GC process and handle the case myself ?
04. Is it ABSOLUTELY necessary to find a job that identical to what job I'm currenytly doing and my LC was certified for ?
05. If and when laid-off, can I do part-time jobs that are related to the field of my epertise but not same in nature as in my LC. For example : If I'm a Java programmer, can I teach at a training institute couple hours a day, 3-days a week ?
Any response will be very much appreciated...
Thanks&Regards
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parablergh
08-27 02:43 PM
[QUOTE=bin2000;764909]Dear all,
My employer filed H1B with extension of stay even though I was not physically present in USA on the day of filing.I was out of USA on June 15th due to personal reasons and they filed H1B on July 10th.
I had requested them not to file extension of stay since I was already out of USA.USCIS approved the petition with extension of stay(I-94 attached).I need to go for visa stamping now .Will this create any issues while stamping?
Hello,
If you are currently abroad, you should not run into any problems as you do not currently have status. You should be able to reenter the U.S. using the I-797 approval notice and your H-1B visa stamp (if still valid). If not, you will require a new visa stamp. Either way, you *should* not run into any problems.
If you are currently in the U.S., please note that the extension technically does not apply - i.e. your expiration date remains what it was previously. If your status has already expired, I would strongly suggest consulting someone more intimately familiar with the specifics of your case. The most likely scenario will involve you immediately departing the U.S. to reenter with the most recent approval notice and thus utilize the additional time requested.
My employer filed H1B with extension of stay even though I was not physically present in USA on the day of filing.I was out of USA on June 15th due to personal reasons and they filed H1B on July 10th.
I had requested them not to file extension of stay since I was already out of USA.USCIS approved the petition with extension of stay(I-94 attached).I need to go for visa stamping now .Will this create any issues while stamping?
Hello,
If you are currently abroad, you should not run into any problems as you do not currently have status. You should be able to reenter the U.S. using the I-797 approval notice and your H-1B visa stamp (if still valid). If not, you will require a new visa stamp. Either way, you *should* not run into any problems.
If you are currently in the U.S., please note that the extension technically does not apply - i.e. your expiration date remains what it was previously. If your status has already expired, I would strongly suggest consulting someone more intimately familiar with the specifics of your case. The most likely scenario will involve you immediately departing the U.S. to reenter with the most recent approval notice and thus utilize the additional time requested.
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bobyal
03-04 01:41 PM
In recent times we are not able to see cases in online system and only way to get that into online system is by doing an address change. Unless the case comes into online system we can NOT add that to our protfolio for tracking.
raysaikat
07-13 01:18 AM
Would going to Canada and re-entering without going for visa stamping count as lawful entry??
Yes (assuming you stayed in Canada for less than 2 weeks or whatever is that number).
Or one has to go and get the visa stamped to qualify as lawful entry??
Also when you go to Canada and come back Without VISA stamping, he gets the same I-94 or different I-94??
Thanks.
If you did not submit your old I-94 at the time of entering canada, then you keep the same I-94. In fact, if you do not have a valid visa stamp (i.e., you are entering using visa revalidation), then it is best not to submit your current I-94.
Yes (assuming you stayed in Canada for less than 2 weeks or whatever is that number).
Or one has to go and get the visa stamped to qualify as lawful entry??
Also when you go to Canada and come back Without VISA stamping, he gets the same I-94 or different I-94??
Thanks.
If you did not submit your old I-94 at the time of entering canada, then you keep the same I-94. In fact, if you do not have a valid visa stamp (i.e., you are entering using visa revalidation), then it is best not to submit your current I-94.
more...
s416504
11-10 02:49 PM
It is always good to maintain L1A status. I think best way to apply your L1A extention under premium & family under normal. I think premium fee is only for primary application & not dependent. If anything goes wrong with I140, you will be ground zero on status. In that case, You may have to leave the country immediately.
2010 The well known criminal lawyer
njboy
10-16 01:33 PM
Unless you serve in Armed Forces
Arkbird,
You cant get into the armed forces without a GC
Arkbird,
You cant get into the armed forces without a GC
more...
rtarar
01-25 03:25 PM
If u have valid H1 visa stamped why use AP?
But any ways, here the deal.
My wife recently travelled on AP she had an expired H4 visa.Port of entry atlanta.
Here is what you need
1) 485 reciept notice(she carried orig and copies-but nobody asked for them)
2) AP's in original "and" couple of copies wont hurt
3) Your passport
-R
But any ways, here the deal.
My wife recently travelled on AP she had an expired H4 visa.Port of entry atlanta.
Here is what you need
1) 485 reciept notice(she carried orig and copies-but nobody asked for them)
2) AP's in original "and" couple of copies wont hurt
3) Your passport
-R
hair Lawyer
sunny1000
03-28 01:06 AM
Hi all,
I am on H4 visa now. Got a long awaited job (with EAD) which will start in June 2011. My I-94 is till september 2010 becoz H4 is stamped till that date. But I have I94 with I-797 till June 2011(6 years of H4). I want to travel to India before i start my job, probably in may. My husband is still on H1 visa eventhough he has EAD.
1.Can i travel on H4 status as i m not holding a job right now? My 797 is only till june 2011. If i go for stamping, it is more likely to get rejected.
2. Can i use EAD and AP eventhough i am not working rightnow? Are there any chance of denying my reentry with AP?
I cannot afford to loose my job and due to personal reasons, i can't avoid the travel. Please give your valuable advice.
You can use your AP for travel and come in as a Parolee even if you are not working.
Since you think you will have trouble getting H4 stamped, coming in using AP is the best thing to do.
Usually, travel with AP is smooth. If the officer asks you the reason for your travel, tell him/her that you went to see your family (don't say that you went on vacation). Make sure that you take the copy of your I-485 receipt notice and your original EAD with you, just in case. You will be sent for secondary inspection but, don't worry, that is normal practice for Parolees.
Good luck with your travel.
I am on H4 visa now. Got a long awaited job (with EAD) which will start in June 2011. My I-94 is till september 2010 becoz H4 is stamped till that date. But I have I94 with I-797 till June 2011(6 years of H4). I want to travel to India before i start my job, probably in may. My husband is still on H1 visa eventhough he has EAD.
1.Can i travel on H4 status as i m not holding a job right now? My 797 is only till june 2011. If i go for stamping, it is more likely to get rejected.
2. Can i use EAD and AP eventhough i am not working rightnow? Are there any chance of denying my reentry with AP?
I cannot afford to loose my job and due to personal reasons, i can't avoid the travel. Please give your valuable advice.
You can use your AP for travel and come in as a Parolee even if you are not working.
Since you think you will have trouble getting H4 stamped, coming in using AP is the best thing to do.
Usually, travel with AP is smooth. If the officer asks you the reason for your travel, tell him/her that you went to see your family (don't say that you went on vacation). Make sure that you take the copy of your I-485 receipt notice and your original EAD with you, just in case. You will be sent for secondary inspection but, don't worry, that is normal practice for Parolees.
Good luck with your travel.
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zwswim
01-26 03:42 PM
If she will not be able to get F1, what will be her status in USA ?
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dehradoon
10-09 04:25 PM
Hi,
I recently received EAD and my I-140 approved an year ago . I am waiting for the 180 days count down to be over. but my question here is after 180 days if i want to use AC21 , do we really need to have the I-140 apporval copy or receipt number bcz it is still with my employer and they are not going to share with the me for sure. But it got approved and year ago for me.
Also is there any way i can get the receipt number of I140 by calling the USCIS ?
Please help!
Thanks
It is not required, only the application number for the 140 would do and the print out of the page from the uscis website saying "approval notice sent"
I recently received EAD and my I-140 approved an year ago . I am waiting for the 180 days count down to be over. but my question here is after 180 days if i want to use AC21 , do we really need to have the I-140 apporval copy or receipt number bcz it is still with my employer and they are not going to share with the me for sure. But it got approved and year ago for me.
Also is there any way i can get the receipt number of I140 by calling the USCIS ?
Please help!
Thanks
It is not required, only the application number for the 140 would do and the print out of the page from the uscis website saying "approval notice sent"
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JA1HIND
02-14 03:31 PM
I have filed my H1B extension on November as my H1B is expiring on 23rd Feb.
I haven't got my approval yet. I have currently EAD and my I140 approved.
My question is if I don't get my approval on or before 23rd Feb what will happen to my status?
My Lawyer said once you filed you have 140 days (or 160 days forgot) for approval meaning even if it does not get approved on or before I will be on H1B till I complete 140 days from date of filling.
Please advise.
Since you have already applied for your extension & I think you should be fine until 240 days beyond your current H1 expiry date. I filed my H1(8th year) ext on Oct 21st, 2007 and got my approval notice via mail directly to my employer on Jan 31st. Useless online status still shows "Case received and pending"...:D
Relax man you will get it, its just a matter of time and looks like your are still in their normal processing time frame.
I haven't got my approval yet. I have currently EAD and my I140 approved.
My question is if I don't get my approval on or before 23rd Feb what will happen to my status?
My Lawyer said once you filed you have 140 days (or 160 days forgot) for approval meaning even if it does not get approved on or before I will be on H1B till I complete 140 days from date of filling.
Please advise.
Since you have already applied for your extension & I think you should be fine until 240 days beyond your current H1 expiry date. I filed my H1(8th year) ext on Oct 21st, 2007 and got my approval notice via mail directly to my employer on Jan 31st. Useless online status still shows "Case received and pending"...:D
Relax man you will get it, its just a matter of time and looks like your are still in their normal processing time frame.
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mohican
05-16 11:07 AM
As the title suggest, it is meant for folks who have invoked AC21 (1-140 approved, I-485 filed & pending more than 6 months, job desc almost similar) successfully and unsuccessfully.
If you have successfully transferred, can you comment on the experience, any denial notices that you had to overcome? Have you got the green card finally?
If unsuccessful, what issues are you facing? Is there some work around or going back to desh is the only option?
Thoughts/Comments--from AC21 league members.
Thanks
Mohican
If you have successfully transferred, can you comment on the experience, any denial notices that you had to overcome? Have you got the green card finally?
If unsuccessful, what issues are you facing? Is there some work around or going back to desh is the only option?
Thoughts/Comments--from AC21 league members.
Thanks
Mohican
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sushilup
10-23 08:35 AM
Hello Guys,
I never received FP notice and got EAD/AP almost three weeks back. Is there a need to worry? or just wait..
My application reached to texas..they transfered to Cal...cal issued the EAD/AP and senta transfer notice for 485 to nebraska..didn't hear anything from nebraska..
thank you
I never received FP notice and got EAD/AP almost three weeks back. Is there a need to worry? or just wait..
My application reached to texas..they transfered to Cal...cal issued the EAD/AP and senta transfer notice for 485 to nebraska..didn't hear anything from nebraska..
thank you
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wandmaker
08-24 11:45 PM
A friend of mine has PhD in aeronautics from a top tier university here in US. He will be soon starting teaching in a university and planning to file his GC under EB-1.
Are there any risks in getting I-140 approved under EB-1? or just having a PhD does not automatically qualify anyone under EB-1 category.?
Since he is born in India so reluctant to file under EB-2 due to endless wait.
Generally, Just having a Phd degree is not enough to file for EB1. Every case is different, sometimes, it depends on the field of study also - so, consulting an experienced attorney is recommended.
Are there any risks in getting I-140 approved under EB-1? or just having a PhD does not automatically qualify anyone under EB-1 category.?
Since he is born in India so reluctant to file under EB-2 due to endless wait.
Generally, Just having a Phd degree is not enough to file for EB1. Every case is different, sometimes, it depends on the field of study also - so, consulting an experienced attorney is recommended.
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Project_A
11-15 04:36 PM
Looks like the demand data does not include the backlog at NVC. How does it work? I am not familiar with the process. Any ideas...?
Please see my earlier posting:
Here is the latest snapshot of the backlog of EB applications:
EB1= 7,595 + 2,961 ( at NVC) + new applications.
EB2= 45,573 + 6,738 ( at NVC) + Huge backlog waiting in line.
EB3= 114,442 + 102,395 ( at NVC) + unknown backlog waiting in line.
*NVC stands for National Visa Center.
** Does not include service centers.
* Spillover to EB3 may not happen for several years due to a large number of EB2's waiting to submit their 485 applications.
* Even if spillover occurs, majority of them will go to EB3 Philippines (please See the NVC backlog).
* From the above, assuming no spillover to EB3-I, it would take (56,640 + 20,873)/2600=30 years.
* With spillover (lets say after 5++ years due to the pending EB2�s), it may take another 5 to 7 years to clear the EB3 backlog.
Please see my earlier posting:
Here is the latest snapshot of the backlog of EB applications:
EB1= 7,595 + 2,961 ( at NVC) + new applications.
EB2= 45,573 + 6,738 ( at NVC) + Huge backlog waiting in line.
EB3= 114,442 + 102,395 ( at NVC) + unknown backlog waiting in line.
*NVC stands for National Visa Center.
** Does not include service centers.
* Spillover to EB3 may not happen for several years due to a large number of EB2's waiting to submit their 485 applications.
* Even if spillover occurs, majority of them will go to EB3 Philippines (please See the NVC backlog).
* From the above, assuming no spillover to EB3-I, it would take (56,640 + 20,873)/2600=30 years.
* With spillover (lets say after 5++ years due to the pending EB2�s), it may take another 5 to 7 years to clear the EB3 backlog.
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godbless
01-10 03:16 PM
:confused: But the dates having moved beyond the April 2000 deadline ( may be temporarily), why should they not move fast when the VB was current for a long time and there should not be many cases after April 2000 those were not adjudicated. So I feel if the dates don't retrogress then they should move forward faster.
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immi2006
01-05 10:16 AM
Do u want to push this idea ?
sundarpn
07-22 04:20 PM
My attorney has asked for the I-485 to be printed:
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Did anyone else do the same?
double sided with Flip to Top option.
Did anyone else do the same?
rbalaji5
01-11 01:52 AM
bump
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