franklin
07-05 10:39 PM
If people want to send flowers, let them send flowers. I really don't see the point, but whatever
But please - do we need multiple polls and threads about this? How many of the 200 that are apparently ready (although this number differs on the 3 or so other polls, and countless other threads on this subject) have done actual IV action items?
Admins - please close this.
But please - do we need multiple polls and threads about this? How many of the 200 that are apparently ready (although this number differs on the 3 or so other polls, and countless other threads on this subject) have done actual IV action items?
Admins - please close this.
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deecha
07-16 01:25 PM
Hello,
I have a general question on EB# to EB2 porting and was hoping if I could get any advice here. I have a labor filed under EB3 in 2005. I got my EAD in 2007 (thanks to the floodgates that opened in July). Now I am planning to move to a different employer in a much better role. The future employer is a startup, and is a little hesitant on transferring H1B, but will file for my labor in EB2 category and will work on porting my priority date.
That means, I will have to drop my H1 (valid through 2012) and will be on EAD. Is it possible to file for EB2 and port from EB3 later on, if H1 visa is dropped and I am in solely on EAD?
Thanks for going through my post.
This is a huge gray area and I find myself in a similar predicament. According to AC21 if you change jobs, you must be in the same or similar occupation. Now, if you're going to file EB2, then obviously the job has different requirements. If you can somehow prove that the new job is "similar" to the old position, yet it requires some kind of advancement to justify EB2, you can do what you're attempting to do. Maybe software engineer --> technical architect is justified under AC21, however technical architect needs (say) 7 years of experience + Bachelors in CS. I believe in such a situation, you should be ok. However I don't think you can count any experience in your new company towards the EB2 sponsored in your new company.
In any case, I am not a lawywer. It's best to consult an experienced attorney and get this sorted out.
One more thing, I would highly appreciate it if you could post your findings in this thread/forum.
I have a general question on EB# to EB2 porting and was hoping if I could get any advice here. I have a labor filed under EB3 in 2005. I got my EAD in 2007 (thanks to the floodgates that opened in July). Now I am planning to move to a different employer in a much better role. The future employer is a startup, and is a little hesitant on transferring H1B, but will file for my labor in EB2 category and will work on porting my priority date.
That means, I will have to drop my H1 (valid through 2012) and will be on EAD. Is it possible to file for EB2 and port from EB3 later on, if H1 visa is dropped and I am in solely on EAD?
Thanks for going through my post.
This is a huge gray area and I find myself in a similar predicament. According to AC21 if you change jobs, you must be in the same or similar occupation. Now, if you're going to file EB2, then obviously the job has different requirements. If you can somehow prove that the new job is "similar" to the old position, yet it requires some kind of advancement to justify EB2, you can do what you're attempting to do. Maybe software engineer --> technical architect is justified under AC21, however technical architect needs (say) 7 years of experience + Bachelors in CS. I believe in such a situation, you should be ok. However I don't think you can count any experience in your new company towards the EB2 sponsored in your new company.
In any case, I am not a lawywer. It's best to consult an experienced attorney and get this sorted out.
One more thing, I would highly appreciate it if you could post your findings in this thread/forum.
shan74
10-23 11:36 AM
the problem is my company is not willing to give me any documents unless i loose my job. Also when you mentioned ASAP, do i have to get a job within # of days
any suggestions.
any suggestions.
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nlssubbu
12-17 04:00 PM
I have an offer from a great company as a program manager that involves management and coordination of teams. There will be a little programming involved. This is in the software industry
The labor was filed as software engineer whose description says that this was java focussed intense programming position.
I am EB2, india, dec 2003 with more that 180 days and 140 approved, also have my ead and AP done.
I plan to move on EAD. Would this qualify as "same or similar". The industry is the same and the job is similar (it just shows normal career progression)
what do you think?
The other option is start a fresh labor with PERM and followed by another I-140. You can then port your existing I-485 with the new offer and continue your GC process where you left. You may need to check with your future employer that they are willing to do this for you. If not, then it will be a risk.
Thanks
The labor was filed as software engineer whose description says that this was java focussed intense programming position.
I am EB2, india, dec 2003 with more that 180 days and 140 approved, also have my ead and AP done.
I plan to move on EAD. Would this qualify as "same or similar". The industry is the same and the job is similar (it just shows normal career progression)
what do you think?
The other option is start a fresh labor with PERM and followed by another I-140. You can then port your existing I-485 with the new offer and continue your GC process where you left. You may need to check with your future employer that they are willing to do this for you. If not, then it will be a risk.
Thanks
more...
meridiani.planum
11-25 10:20 AM
I would suggest just sending the G-28 forms with the new attorney information. Once this is submitted, call USCIS customer service a week or two later to confirm that the correct attorney information is on file. Later, if you wish, you can send the AC21 documentation. As always, any documents to USCIS should be sent by certified mail or something similar to show the proof if you need it later.
As far as I know G-28 won't trigger an RFE but don't know about AC-21 documents. If you search the forums, you will find that almost always the AC-21 papers don't reach your file.
I second this advise. Just send the G28 and confirm in a couple of weeks to see if the attorney address has been updated.
on a related note for other AC-21 filers: see if you can hang on to your older attorney. You might be able to retain them independent of your old employer (by paying fees on your own). Keeps the USCIS file clean, and also you stick with someone who presumably knows your case a bit better having worked on it from the start.
As far as I know G-28 won't trigger an RFE but don't know about AC-21 documents. If you search the forums, you will find that almost always the AC-21 papers don't reach your file.
I second this advise. Just send the G28 and confirm in a couple of weeks to see if the attorney address has been updated.
on a related note for other AC-21 filers: see if you can hang on to your older attorney. You might be able to retain them independent of your old employer (by paying fees on your own). Keeps the USCIS file clean, and also you stick with someone who presumably knows your case a bit better having worked on it from the start.
gcdreamer05
03-09 05:56 PM
Nice dream but come to reality, dont even dream of GC till year 2019...... (if it goes in current pace).
more...
vali
10-23 11:38 AM
I apologize from the beginning if I�m asking some stupid questions but I�m really confused after I read all those I-140 issues posted on this forum.
I just received today my LC after a long wait in backlog from 04/2001.
1. My lawyer is asking me for $1000.00 premium processing fee and some documents from my employer for this PP for I-140. Is it still available?
2. How long will be until this I-140 gets approved? Anyone who did this lately?
3. I�m filling I-140 together with I-485. It matters, time PP wise?
4. Is there another�next step� towards the GC or just wait for those to be approved?
5. I�m so �squeezed� on my wallet, how much money will be still needed until the GC is in my hand?
I paid so far more then 35G. - The previous �steps� in processing fees and lawyer�s fees.
I would really appreciate some honest answers; I�m seriously thinking to go back to my country if the GC will be too far away.
Thank you guys for your attention and thanks IV for the good work done so far.
:)
I just received today my LC after a long wait in backlog from 04/2001.
1. My lawyer is asking me for $1000.00 premium processing fee and some documents from my employer for this PP for I-140. Is it still available?
2. How long will be until this I-140 gets approved? Anyone who did this lately?
3. I�m filling I-140 together with I-485. It matters, time PP wise?
4. Is there another�next step� towards the GC or just wait for those to be approved?
5. I�m so �squeezed� on my wallet, how much money will be still needed until the GC is in my hand?
I paid so far more then 35G. - The previous �steps� in processing fees and lawyer�s fees.
I would really appreciate some honest answers; I�m seriously thinking to go back to my country if the GC will be too far away.
Thank you guys for your attention and thanks IV for the good work done so far.
:)
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gps001
12-26 04:25 PM
Thanks for your response. Only NLSUBBU has had some experience. I have seen his messages in some other queries too. But more often, I have seen that people suggest that its better to get a H1-B stamped, just to make sure that you don' t need to renew your AP every year.
The expense is about the same, as you need to renew AP every year and H1 only once in 3 years.
Thanks again.
I think when you renew the H1B with the same employer. You are back to H1B status from Parolee status. SO I guess you can do a H1B extension with a different company later...just my thoughts
The expense is about the same, as you need to renew AP every year and H1 only once in 3 years.
Thanks again.
I think when you renew the H1B with the same employer. You are back to H1B status from Parolee status. SO I guess you can do a H1B extension with a different company later...just my thoughts
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vani
08-26 02:49 AM
Hi,
I applied for H1B through a company for year 2010. I am currently on H4. As per this company, my application reached USCIS on April 7th. We have not got any receipt for this so far as per what the company says. My question is, is it possible that USCIS will take this long to issue the receipt number ? Is there a way to find out whether USCIS have received my application indeed. When I call the company who applied the H1, they keep saying we haven't heard back anything from USCIS. Can you help in answering my questions ?
Greatly appreciate your reponse.
Rgds,
Vani
I applied for H1B through a company for year 2010. I am currently on H4. As per this company, my application reached USCIS on April 7th. We have not got any receipt for this so far as per what the company says. My question is, is it possible that USCIS will take this long to issue the receipt number ? Is there a way to find out whether USCIS have received my application indeed. When I call the company who applied the H1, they keep saying we haven't heard back anything from USCIS. Can you help in answering my questions ?
Greatly appreciate your reponse.
Rgds,
Vani
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GCard_Dream
07-10 02:48 PM
I found the answer from the I-693 form. X-ray is only needed in the following situation:
Chest X-Ray - Required ONLY for TST reactions of > 5mm or if specific TST exception criteria met, or for an applicant with TB symptoms or immunosuppression (e.g., HIV). Attach copy of X-Ray Report.
Here is the detailed explanation from USCIS on the the new TB test requirements:
http://www.cdc.gov/ncidod/dq/pdf/civil_surgeons_ti.pdf
Chest X-Ray - Required ONLY for TST reactions of > 5mm or if specific TST exception criteria met, or for an applicant with TB symptoms or immunosuppression (e.g., HIV). Attach copy of X-Ray Report.
Here is the detailed explanation from USCIS on the the new TB test requirements:
http://www.cdc.gov/ncidod/dq/pdf/civil_surgeons_ti.pdf
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diptam
09-07 08:14 AM
Which company will create a new PERM and new I-140 for someone in this economy ? The chances of rejection are high , the audit chance is also hanging...
That was exactly my plan 2.5 years ago when i applied for my I-140 and I-485 in 2007 (PD is Mar '05 EB3) however USCIS approved my I-140 in Jan 2009 which was too late. The economy was already in deep recession with unemployment sky rocketing. If my I-140 approval would have come 6 months earlier ( before Lehmann broke) I would have pulled through a new PERM and new I-140.
Anyway , that's what i was destined so I didn't get I-140 in regular time frame. :)
If you can try for it that will make your GC faster.
That was exactly my plan 2.5 years ago when i applied for my I-140 and I-485 in 2007 (PD is Mar '05 EB3) however USCIS approved my I-140 in Jan 2009 which was too late. The economy was already in deep recession with unemployment sky rocketing. If my I-140 approval would have come 6 months earlier ( before Lehmann broke) I would have pulled through a new PERM and new I-140.
Anyway , that's what i was destined so I didn't get I-140 in regular time frame. :)
If you can try for it that will make your GC faster.
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Anders �stberg
April 16th, 2004, 02:42 PM
I sat waiting for birds that didn't show, and then a 2-inch bubble floats by... bored to bits I took some pictures just before the bubble burst, and it came out cooler than I expected. What do you think?
-Anders
(100-400 @ 400mm, 1/320s, f/9, ISO 400)
http://www.andersostberg.com/fotogalleri/albums/userpics/10001/Bubble_3642.jpg
(100-400 @ 400mm, 1/400s, f/9, ISO 400)
http://www.andersostberg.com/fotogalleri/albums/userpics/10001/Bubble_3643.jpg
-Anders
(100-400 @ 400mm, 1/320s, f/9, ISO 400)
http://www.andersostberg.com/fotogalleri/albums/userpics/10001/Bubble_3642.jpg
(100-400 @ 400mm, 1/400s, f/9, ISO 400)
http://www.andersostberg.com/fotogalleri/albums/userpics/10001/Bubble_3643.jpg
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tammigaw
02-15 12:16 AM
i have signed non compete , but when i signed it , he explained me that i should not go to the client through some other vendor , but i can join end client as end client has contract with Prime vendor that they can hire me full time .
But now he is claiming that i cant join full time with the client as well.
During my stay with that employer , he newer paid me on time and once he held my paycheck , just to harass me.
Do you think that these grounds fall under employee undue stress to be sufficient to turn down Non Compete in court ?
But now he is claiming that i cant join full time with the client as well.
During my stay with that employer , he newer paid me on time and once he held my paycheck , just to harass me.
Do you think that these grounds fall under employee undue stress to be sufficient to turn down Non Compete in court ?
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gcformeornot
04-09 12:37 PM
forums... looks like now a days for many people EAD is delayed longer than usual.
What you guys think? Even simple receipting, check cashing or notification using I1145 is delayed for weeks...
What you guys think? Even simple receipting, check cashing or notification using I1145 is delayed for weeks...
more...
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Irs
05-12 09:48 AM
if you go to India and your application is cleared when you are there, you must return to the consulate who approved your application to get your visa stamped.
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shirish
10-11 11:07 AM
Don't worry abt the receipt date on the transfer notice. It is the date on which yor app was entered in the system, Your RN for 485 (which you have not received yet) will have the july 26th as RD and would have sept 26th as ND
Hi Friends,
We had sent our apps to Nebraska on July 26 but we received a transfer notice for 485 from vermont with a receipt date of Sept 26 and notice date of Oct 3.
I always thought the receipt date of my application is the day when our application reached the center.
Can someone help explaining this....
Thanks,
Hi Friends,
We had sent our apps to Nebraska on July 26 but we received a transfer notice for 485 from vermont with a receipt date of Sept 26 and notice date of Oct 3.
I always thought the receipt date of my application is the day when our application reached the center.
Can someone help explaining this....
Thanks,
more...
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Jaime
09-14 02:30 PM
bump
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pamposh
10-26 08:34 AM
Do not believe on online status. Couple of my frds got their EAD and still online status is " Case Received and Pending". Looks like they are not updating the status on regular basis.
I am one of those as well. My online status shows the regular "case received on so n so" message. I got my EAD about 10 days ago n so is with my spouse.
I am one of those as well. My online status shows the regular "case received on so n so" message. I got my EAD about 10 days ago n so is with my spouse.
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jkays94
06-29 07:39 AM
The reality is there will not be another immigration bill this year if CIR does not make it. And calling CIR the "amnesty bill" means some of us may have started pandering to and unfortunately have fallen for the anti-immigrationists propaganda trap. That is fine if one thinks its okay to wait for another two years while a new congress settles in and for key immigration bills to come to the floor. However "cutting and running" is what we do when out of fear of association we fail to stand up and speak up and explain our motivating cause which is the plight of legal law abiding immigrants who contribute legally to this country. In my own personal opinion this is an excellent opportunity that can put IV in the spot light and distinguish IV for standing up for highly skilled immigrants. This requires good orational and communication skills so that one is not misquoted. If it takes wearing a t-shirt saying "Support Legal Immigrants" then so be it, but lets not cut and run on the basis of someone elses propaganda. If IV opts out then let it be because we could not find someone who could clearly get our unique message and goals out. Thanks to randallemery for bringing this opportunity to IV's attention and I hope the IV core will respond appropriately as this needs to be a well coordinated effort. When people fully understand the humanitarian reasons why legal immigrants need relief through CIR they tend to be more compassionate and supportive. However if we sit and twiddle our thumbs because of what Lou Dobbs says then we are doing exactly what these anti-immigrationists want us to do. The primary victory of Rep Chris Cannon (R) in Utah ought to be a shot in the arm for those fighting for CIR. Instead of cutting and running he supported CIR, the anti-immigrationist opponents attacked CIR and in the end they still lost. Rep Cannon had the opportunity of being associated with the alleged "amnesty" bill but he stood up bravely to be counted as a CIR supporter and prevailed in the end.
Libra
08-15 01:26 PM
Thank you nrakkati, i hope your signature and your no. of posts inspire many in this organization.
Sure...Just contributed $100, will do more in coming months.
Sure...Just contributed $100, will do more in coming months.
deepuv
09-16 12:30 PM
As I was checking these forums and since one of my colleague received an RFE asking the company's ability to pay the proffered wage for all the 140 filed by the company I wonder if you can enlighten me with any idea on how to respond to the request? and how severely would it effect the other's in the same process with in the company.
Thank you for help in advance.
Thank you for help in advance.
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