tpcool
05-31 06:50 PM
vxb2004, thanks for the response and the wishes.
Ok, I got your point that since my I-140 is not approved yet, it is not safer to move at this point, but what would be your opinion, if my I-140 is approved. If it is Ok to move, once my I-140 is approved, then I can probably start preparing my ground work for this transition and hopefully the I-140 comes through in the coming 3 to 6 months.
One another question along the same lines - I haven't used my EAD yet and still on H1. Does the AC21 portability rules apply even in with the EAD? what is the use of the EAD then. EAD is supposed to be generic right?
Ok, I got your point that since my I-140 is not approved yet, it is not safer to move at this point, but what would be your opinion, if my I-140 is approved. If it is Ok to move, once my I-140 is approved, then I can probably start preparing my ground work for this transition and hopefully the I-140 comes through in the coming 3 to 6 months.
One another question along the same lines - I haven't used my EAD yet and still on H1. Does the AC21 portability rules apply even in with the EAD? what is the use of the EAD then. EAD is supposed to be generic right?
gcseeker2002
10-24 12:09 PM
I claimed my parents as dependents. You only need ITIN and have to do paper filing first time....
I also have notarized passport, etc, but one of the tax consultants told me that the ITIN cannot be filed now, and when I file my 2008 returns in 2009, I need to apply for the ITIN along with the taxreturn and paperfile. Has anybody else applied ITIN before filing tax return ?
I also have notarized passport, etc, but one of the tax consultants told me that the ITIN cannot be filed now, and when I file my 2008 returns in 2009, I need to apply for the ITIN along with the taxreturn and paperfile. Has anybody else applied ITIN before filing tax return ?
Jaime
02-03 04:56 PM
Didn't you already get your GC few months back? Anyways, I will try to answer your questions with the understanding that you want to genuinely find out answers to these questions.
1- Approximate PERM processing times (from filing time) for EB2
The time it takes to file your paper work depends on the lawyer and company.
The time it takes for approval varies too between Atlanta and Chicago. Last I heard, it was around 6 months.
2- Approximate I-485 and I-140 processing times from filing date for EB2
For I-140 see this link - https://egov.uscis.gov/cris/jsps/ptimes.jsp
For I-485 see current visa bulletin - http://travel.state.gov/visa/frvi/bulletin/bulletin_1360.html
3- Approximate length of the entire process (from filing PERM to getting I-485 approved) for EB2
There is no set time from stat to finish. It depends on many variables, employer, lawyer, country of origin, nut jobs at CIS etc.
If you are lucky, and not from China, India, Mexico & Philippines, in EB2 it could take around 3- 4 years.
If you are unlucky, or if you are from China, India, Mexico & Philippines, in EB2 it could take anywhere between 5-10 years.
So the answer is, it depends.
4- Are I-140 and I-485 still being filed concurrently?
Yes, if your priority dates for filing I-485 are current as per the current visa bulletin, which is very unlikely. Although, I-140 premium process has not yet re-started.
Hope this helps!
Thanks! And no, I have not gotten my green card, not even close!!
However, let's assume that PERM does take 6 to 12 months (from filing date) and then, the I-140/I-485 stage take another year...that would be 2 years, right? Why do you say 5 to 10?
1- Approximate PERM processing times (from filing time) for EB2
The time it takes to file your paper work depends on the lawyer and company.
The time it takes for approval varies too between Atlanta and Chicago. Last I heard, it was around 6 months.
2- Approximate I-485 and I-140 processing times from filing date for EB2
For I-140 see this link - https://egov.uscis.gov/cris/jsps/ptimes.jsp
For I-485 see current visa bulletin - http://travel.state.gov/visa/frvi/bulletin/bulletin_1360.html
3- Approximate length of the entire process (from filing PERM to getting I-485 approved) for EB2
There is no set time from stat to finish. It depends on many variables, employer, lawyer, country of origin, nut jobs at CIS etc.
If you are lucky, and not from China, India, Mexico & Philippines, in EB2 it could take around 3- 4 years.
If you are unlucky, or if you are from China, India, Mexico & Philippines, in EB2 it could take anywhere between 5-10 years.
So the answer is, it depends.
4- Are I-140 and I-485 still being filed concurrently?
Yes, if your priority dates for filing I-485 are current as per the current visa bulletin, which is very unlikely. Although, I-140 premium process has not yet re-started.
Hope this helps!
Thanks! And no, I have not gotten my green card, not even close!!
However, let's assume that PERM does take 6 to 12 months (from filing date) and then, the I-140/I-485 stage take another year...that would be 2 years, right? Why do you say 5 to 10?
studentoflife
11-08 09:35 PM
As i understand for labor there are only 2 centers right ? one is the atlanta processing center and the other is chicago processing center. Atlanta processing center caters to the state in which my employer has registered his company so i believe he must have sent my application to this processing center only.
http://www.plc.doleta.gov/Processing_Centers.htm
Kindly correct me if i am wrong
StudentOfLife
http://www.plc.doleta.gov/Processing_Centers.htm
Kindly correct me if i am wrong
StudentOfLife
more...
Nil
04-07 06:01 PM
Approaching the presidential candidates is a good idea.
Aah_GC
06-01 01:37 AM
As suggested by vxb.. make sure you have your I140 approved, as long as you have that - you should be good to look at other options. If you use AC21 without I140 approval, its puts you at risk as your employer can revoke I140 even after 180 days of I1485 application. Seems like you have that figured that one out.
The thing with your TME role is, it is very explicit with the word "Marketing" in it. The concern with USCIS is it might actually object your transition from an engineering to marketing position. Not sure if you are moving with the same GC sponsoring employer (if that is the case, you should be good). But if you are thinking about a different employer, make sure you are moving with the same / similar type of roles. After all your GC labor was approved for a specific role that did not find a GC / citizen with similar skills.
Use your AC21 privelege wisely.
Hi,
I was wondering if anyone was ever able to change from Software Engineer to Technical Marketing Engineer (TME), using the AC21 portability rules. A TME needs similar level of technical skills as that of a Software Engineer, of course used for a different purpose.
A short description of this role (for those of you who don't know about this role)
The Technical Marketing Engineer role is exciting and challenging for the employee that enjoys equally working hands on with technology in the lab and marketing this knowledge to customers. Working with marketing, engineering, services and the sales channels
I really like to consider moving to TME roles. I see this as a first point to moving to Product Manager roles. One could move to Product Manager directly, but I guess the transition for a Software Engineer will be smooth, when he/she goes from Software Engineer -> TME -> Product Manager. The advantage with TME is, you can leverage your technical skills to perform this new role and then gradually hone your marketing/soft skills, to move to the Product Manager position. This is also the input I got from the Marketing Director of one of the reputed firms.
All looks good, but I am not sure if this transition to TME will be acceptable under the AC21 rules. It would be nice to know if anyone has ever able to do it successfully (without getting any RFEs/rejections). Right now, I have a feeling that I am totally stuck in the Software Engineer role and really like to explore my options.
Appreciate your thoughts on this
The thing with your TME role is, it is very explicit with the word "Marketing" in it. The concern with USCIS is it might actually object your transition from an engineering to marketing position. Not sure if you are moving with the same GC sponsoring employer (if that is the case, you should be good). But if you are thinking about a different employer, make sure you are moving with the same / similar type of roles. After all your GC labor was approved for a specific role that did not find a GC / citizen with similar skills.
Use your AC21 privelege wisely.
Hi,
I was wondering if anyone was ever able to change from Software Engineer to Technical Marketing Engineer (TME), using the AC21 portability rules. A TME needs similar level of technical skills as that of a Software Engineer, of course used for a different purpose.
A short description of this role (for those of you who don't know about this role)
The Technical Marketing Engineer role is exciting and challenging for the employee that enjoys equally working hands on with technology in the lab and marketing this knowledge to customers. Working with marketing, engineering, services and the sales channels
I really like to consider moving to TME roles. I see this as a first point to moving to Product Manager roles. One could move to Product Manager directly, but I guess the transition for a Software Engineer will be smooth, when he/she goes from Software Engineer -> TME -> Product Manager. The advantage with TME is, you can leverage your technical skills to perform this new role and then gradually hone your marketing/soft skills, to move to the Product Manager position. This is also the input I got from the Marketing Director of one of the reputed firms.
All looks good, but I am not sure if this transition to TME will be acceptable under the AC21 rules. It would be nice to know if anyone has ever able to do it successfully (without getting any RFEs/rejections). Right now, I have a feeling that I am totally stuck in the Software Engineer role and really like to explore my options.
Appreciate your thoughts on this
more...
waitingnwaiting
05-09 09:30 AM
I wanted to share my success story of getting I-485s re-opened with the help of IV last week. Let me start with the end result first and those interested in details could read further!
Synopsis
After 4 months wait since the wrongful denial of our 485s, I contacted Immigration Voice (IV) core team for help on April 25, 2011 as a last resort. On the next day morning (April 26th), I received a phone call from USCIS Headquarters in D.C. and the officer informed that Service Center approved my MTR and reopened 485s, and I should receive system updates in a day. At the end of the day, I got email updates confirming re-opening of 485s. It was an incredible moment in my life to receive a call from USCIS about my case. I am very grateful to the IV leadership and its deep relationships within USCIS and DHS. Prior to contacting IV, I filed an expedite request with USCIS, contacted Ombudsman, and contacted my Senator as well. I received standard responses but no positive result. Adding fuel to the fire, my EAD was due to expire in July 2011.
At the end, even though I never anticipated issues with my 485, I was very happy to see that my active participation with IV’s advocacy efforts over the last few years opened up several options for me to seek help.
Prologue
During the middle of last year my attorney moved their offices and we filed a new G-28 for address change. After couple of months of this address change, during early Nov’2010 USCIS apparently sent a NOID asking for AC21 employment letter to the old address of the attorney. USCIS did not send text or email even though both me and my attorney subscribed to the notifications. USCIS did not even send a copy of this notice to me. After 30 days of original notice, USCIS updated their system that their mail was returned. This was the first time we came to know about the outstanding notice from USCIS. We immediately contacted USCIS and requested for a copy of NOID. In the meantime, 33 days elapsed, and USCIS promptly denied I-485s of me and my family. I have been working on EAD and it was due to expire in July 2011.
Life after denials
I requested my company for AC21 letter and after receiving the employment letter, my attorney filed I-290B MTR around the end of Dec’2011. I continued to work as usual using my EAD. After couple of months of waiting, I requested USCIS to expedite. Their response was to wait 30 days. Nothing happened. Then, I simultaneously contacted my Senator’s office and Ombudsman. I promptly received responses that they would look into this and I should expect a response from USCIS within 15 days. Based on these responses, I should have received approval by the first week of April. Again, nothing happened until the 3rd week of April. I was becoming wary of my EAD expiry and applying for renewal within 90 days of expiry.
IV’s Advocacy Days in D.C.
I have been a donor for the last few years and actively participated in advocacy days of 2010 and 2011. During this year’s advocacy event, I met IV core team and explained my case. Based on their advice, I waited to see if USCIS responds by mid of April. After long wait and exhausting all options, I requested help from IV. As I mentioned, within 24 hours, I got the approval of MTR and our status was restored!
Though not everyone gets into this kind of trouble, it is very heartening to note that there is someone (IV) behind us to help when in need.
Final Request to Readers:
As someone who associated with IV for the last few years and after going through this ordeal with USCIS, I recommend all those waiting in line or waiting to be in line (for GC) to start associating with IV. No matter how little time or money you could afford to work with IV, every minute and every cent is well worth it! Please Get Involved with IV! Thanks.
Do you get confirmation of G28?
Synopsis
After 4 months wait since the wrongful denial of our 485s, I contacted Immigration Voice (IV) core team for help on April 25, 2011 as a last resort. On the next day morning (April 26th), I received a phone call from USCIS Headquarters in D.C. and the officer informed that Service Center approved my MTR and reopened 485s, and I should receive system updates in a day. At the end of the day, I got email updates confirming re-opening of 485s. It was an incredible moment in my life to receive a call from USCIS about my case. I am very grateful to the IV leadership and its deep relationships within USCIS and DHS. Prior to contacting IV, I filed an expedite request with USCIS, contacted Ombudsman, and contacted my Senator as well. I received standard responses but no positive result. Adding fuel to the fire, my EAD was due to expire in July 2011.
At the end, even though I never anticipated issues with my 485, I was very happy to see that my active participation with IV’s advocacy efforts over the last few years opened up several options for me to seek help.
Prologue
During the middle of last year my attorney moved their offices and we filed a new G-28 for address change. After couple of months of this address change, during early Nov’2010 USCIS apparently sent a NOID asking for AC21 employment letter to the old address of the attorney. USCIS did not send text or email even though both me and my attorney subscribed to the notifications. USCIS did not even send a copy of this notice to me. After 30 days of original notice, USCIS updated their system that their mail was returned. This was the first time we came to know about the outstanding notice from USCIS. We immediately contacted USCIS and requested for a copy of NOID. In the meantime, 33 days elapsed, and USCIS promptly denied I-485s of me and my family. I have been working on EAD and it was due to expire in July 2011.
Life after denials
I requested my company for AC21 letter and after receiving the employment letter, my attorney filed I-290B MTR around the end of Dec’2011. I continued to work as usual using my EAD. After couple of months of waiting, I requested USCIS to expedite. Their response was to wait 30 days. Nothing happened. Then, I simultaneously contacted my Senator’s office and Ombudsman. I promptly received responses that they would look into this and I should expect a response from USCIS within 15 days. Based on these responses, I should have received approval by the first week of April. Again, nothing happened until the 3rd week of April. I was becoming wary of my EAD expiry and applying for renewal within 90 days of expiry.
IV’s Advocacy Days in D.C.
I have been a donor for the last few years and actively participated in advocacy days of 2010 and 2011. During this year’s advocacy event, I met IV core team and explained my case. Based on their advice, I waited to see if USCIS responds by mid of April. After long wait and exhausting all options, I requested help from IV. As I mentioned, within 24 hours, I got the approval of MTR and our status was restored!
Though not everyone gets into this kind of trouble, it is very heartening to note that there is someone (IV) behind us to help when in need.
Final Request to Readers:
As someone who associated with IV for the last few years and after going through this ordeal with USCIS, I recommend all those waiting in line or waiting to be in line (for GC) to start associating with IV. No matter how little time or money you could afford to work with IV, every minute and every cent is well worth it! Please Get Involved with IV! Thanks.
Do you get confirmation of G28?
BharatPremi
11-09 10:00 AM
Poll is closed but I am in. I will be at booth from 7:00 PM onwards.
more...
roseball
04-04 11:42 PM
3. If new employer gives me the option to move permanently to its subsidiary in another country, what are the available option for me to continue with green card processing?
You can convert your I-485 to Consular Processing (CP) and keep your GC process going. Since GC is for a future job, you can work this out with your employer. Basically, your employer has to support you so that when you are called for the consular interview, you need to be able to show documentary evidence that you will be moving back to the US and joining the same job at or above the advertised wage once your GC is approved.
4. If after going out of the country , I want to come back in future before Green card approval, what will be the available options?
As long as your I-485 is pending, you can use a valid AP to re-enter. To renew your AP, you need to be in the US. If you convert your I-485 to CP, you will lose your EAD/AP privileges and will only be able to enter US on a valid H1 assuming you are coming here to work and have a job offer from an employer.
You can convert your I-485 to Consular Processing (CP) and keep your GC process going. Since GC is for a future job, you can work this out with your employer. Basically, your employer has to support you so that when you are called for the consular interview, you need to be able to show documentary evidence that you will be moving back to the US and joining the same job at or above the advertised wage once your GC is approved.
4. If after going out of the country , I want to come back in future before Green card approval, what will be the available options?
As long as your I-485 is pending, you can use a valid AP to re-enter. To renew your AP, you need to be in the US. If you convert your I-485 to CP, you will lose your EAD/AP privileges and will only be able to enter US on a valid H1 assuming you are coming here to work and have a job offer from an employer.
Green.Tech
07-24 03:12 PM
As per my attorney, there is no validity requirement for the passport, just that it should be valid at the time of AOS application. So, the OP should be ok. But like others said, do apply for a new passport as soon as possible.
more...
hojo
09-05 09:32 PM
very nice footer lostinbeta, original and clean, looks great
rajnag21
07-17 05:51 PM
First of all thanks to IV core team,logiclife,pappu and all the others who have made this possible for the rest of us !
As I understand change of marriage date is really not possible as everything has been paid for and arranged et al...
Thanks so much for your advice on this matter. I will convey the advice for this posting to him so he can take the appropriate decision.
As I understand change of marriage date is really not possible as everything has been paid for and arranged et al...
Thanks so much for your advice on this matter. I will convey the advice for this posting to him so he can take the appropriate decision.
more...
acruix
07-13 04:05 PM
http://www.immigrantslist.org/page/petition/Chertoff
qasleuth
04-27 03:27 PM
pre-adjudicated - As of writing, your case is good-to-go and subject to fbi name check & visa number availability.
under review - It may once be reviewed fully or partially before requesting for a visa number when available
what if they are both used in the same sentence for the same case like they did for OP ? :)
under review - It may once be reviewed fully or partially before requesting for a visa number when available
what if they are both used in the same sentence for the same case like they did for OP ? :)
more...
needhelp!
10-22 08:13 PM
sw33t volunteering for this event coming all the way from San Antonio..
I know there are tons of IV members from DFW.
Please volunteer. need help!
I know there are tons of IV members from DFW.
Please volunteer. need help!
yettapu
01-26 03:10 PM
when i click that Vote its not doing anything. Where I can register in the site so that it will reflect who voted for surveys??
more...
Arvin_H1
08-18 10:11 PM
I applied for H1 extension in June'07. I got RFE on I94 first & then one more on my consulting company. Both were responded on time.. Finally, I got a denial notice on my H1 recently stating that my education background is not Computer Science related although i hold a Bachelor Degree in Computer Science. Am very upset after hearing this.
I have few questions for the experts here.
1. Is it possible for me now to apply for new H1 thru some other company?
2. Can i re-appeal the decision and stay here legally?
3. Are there any good attorneys that can give me good advice for me to take the next step?
Please let me know.. This is urgent for me right now.
Thank you all.
I have few questions for the experts here.
1. Is it possible for me now to apply for new H1 thru some other company?
2. Can i re-appeal the decision and stay here legally?
3. Are there any good attorneys that can give me good advice for me to take the next step?
Please let me know.. This is urgent for me right now.
Thank you all.
thatwillbeit
05-24 08:47 PM
Hi Gurus...
I am one of the July 2007 EAD filers and did not file for AP at that time.
So I am in the process of the renewing EAD & Applying for AP for the first time.
I have couple of questions..
do you get Finger Printing for EAD Renewal ?
do you get Finger Printing / Biometrics for first time applying of AP [Advance Parole]
Your help is much appreciated
I am one of the July 2007 EAD filers and did not file for AP at that time.
So I am in the process of the renewing EAD & Applying for AP for the first time.
I have couple of questions..
do you get Finger Printing for EAD Renewal ?
do you get Finger Printing / Biometrics for first time applying of AP [Advance Parole]
Your help is much appreciated
perm2gc
04-27 02:25 PM
Hi Gurus
I have applied for H-1 extension using my I-140 and got an RFE asking for the client letter.The querry was replied on time but now the online status shows that the extension was denied and the reason will me mailed.I spoke to my company and they are ready to appeal once they receive the reason for the denial.I was on-job for all the 5 years of my stay in US and working for the same employer and client for the past four and half years.Not sure the reason of denial as of now. Now that my Visa and I-94 expired on March'31 2009 how long can I stay while the appeal is the process and what are the
other options left for me?
Applied for H-1 extenstion Feb'5 2009
RFE Date - Mar' 12 2009
Denial Date - Apr'24 2009
I797 Expiry - March'31 2009
how was the query replied ?
I have applied for H-1 extension using my I-140 and got an RFE asking for the client letter.The querry was replied on time but now the online status shows that the extension was denied and the reason will me mailed.I spoke to my company and they are ready to appeal once they receive the reason for the denial.I was on-job for all the 5 years of my stay in US and working for the same employer and client for the past four and half years.Not sure the reason of denial as of now. Now that my Visa and I-94 expired on March'31 2009 how long can I stay while the appeal is the process and what are the
other options left for me?
Applied for H-1 extenstion Feb'5 2009
RFE Date - Mar' 12 2009
Denial Date - Apr'24 2009
I797 Expiry - March'31 2009
how was the query replied ?
goosetavo
11-13 05:43 PM
I'm trying to figure out the reasoning behind Mexico's numbers as well. According to the latest cut-off date tables http://www.travel.state.gov/pdf/EmploymentDemandUsedForCutOffDates.pdf
Mexico has about 5,800 folks total for EB-3 in the queue so far, but we have seen very little movement in the past years. My questions to the forum:
1) Is the slow movement due to so many cases in field offices not yet reported?
2) Do family-based numbers take away from the 7% of 140K visas a year or are these solely for EB?
3) Any idea why movement is so slow for Mexico given the numbers of people currently in the queue?
Theories are welcome.
Mexico has about 5,800 folks total for EB-3 in the queue so far, but we have seen very little movement in the past years. My questions to the forum:
1) Is the slow movement due to so many cases in field offices not yet reported?
2) Do family-based numbers take away from the 7% of 140K visas a year or are these solely for EB?
3) Any idea why movement is so slow for Mexico given the numbers of people currently in the queue?
Theories are welcome.
bunan
01-07 02:47 PM
The best course is file I-140 for EB3... after you get it... file for EB2 I-140 and use PD from EB3... It's possible and worth every effort.
Absolutely possible and I have done it too. Please talk to your lawyer directly as he can advise you better.
Absolutely possible and I have done it too. Please talk to your lawyer directly as he can advise you better.
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