BharatPremi
09-29 09:17 PM
somewhere in the forum someone was mentioning that PD are no more considered after 485 is filed since u file 485 based on PDs...
It is a part truthful. For easy explanation, I would say PD does not matter
for EAD/AP/FP /Namecheck all processes but it matters at teh final stage of 485 and that is approval. So say you pass through all processes and that time USCIS will see whether your PD is current or not. If it is current than you will get your approval soon and if not than your file will be out on a rack to wait for your PD becoming current.
It is a part truthful. For easy explanation, I would say PD does not matter
for EAD/AP/FP /Namecheck all processes but it matters at teh final stage of 485 and that is approval. So say you pass through all processes and that time USCIS will see whether your PD is current or not. If it is current than you will get your approval soon and if not than your file will be out on a rack to wait for your PD becoming current.
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thomachan72
02-04 02:08 PM
I am sure they did that last year.
ganguteli
02-11 03:47 PM
US Congress has time for all this
http://www.rediff.com/news/2009/feb/12us-house-passes-resolution-on-mahatma.htm
I see nothing wrong in it. It is an honor for India that our Mahatma Gandhi is remembered and associated with the biggest movement in USA. Gandhi did not get a Nobel prize but people who got nobel peace prize at that time are forgotten and he is not. There are bigger issues than talking about greencards in congress.
Do you want Congress to only talk about EB 3 India retrogression and discuss March Visa bulletin? :D:D
http://www.rediff.com/news/2009/feb/12us-house-passes-resolution-on-mahatma.htm
I see nothing wrong in it. It is an honor for India that our Mahatma Gandhi is remembered and associated with the biggest movement in USA. Gandhi did not get a Nobel prize but people who got nobel peace prize at that time are forgotten and he is not. There are bigger issues than talking about greencards in congress.
Do you want Congress to only talk about EB 3 India retrogression and discuss March Visa bulletin? :D:D
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nishant_u
03-15 07:00 PM
I am currently employed by a large US-based multinational firm on an H-1B visa. My 6 year limit on H1 expires on Nov 27, 2011.
My employer filed Labor Certification for my employment-based Green Card (EB2) over a year ago (on March 1st, 2010).
Since it has been more than a year since Labor has been filed, I am assuming my employer can file for a 1-year extension to my H-1B visa 6 months before it expires (that is on June 27th, 2011). Also, in the meantime, if my Labor and subsequent I-140 are approved, I am assuming my employer can file for 3-year extension to my H-1B.
Question 1: Are these assumptions above correct?
Question 2: Can I quit my job and join another firm after the 1 or 3 year extension is granted? That is will another employer be able to file an H1 petition on my behalf for the extended H1 period (that is beyond 6 years) - even though the extension was granted because of a Labor Certification filed by the previous employer?
I plan to get married to an American Citizen in September. Once I get married, I will obviously file for a marriage-based green card.
Question 3: Given the above, can I quit my job and join another firm now (before my H1 extension is filed)? What are my risks?
If I do stay with my current employer - once I get married, I am assuming that I can file for my marriage based green card (form I-130) and adjustment of status (I-485) concurrently.
Question 4: Is the above assumption correct?
Question 5: Can I also file for EAD concurrently with my I-485? How soon can I expect to leave my current employer and take up a job based on the EAD / marriage-based green card?
Appreciate any guidance.
Thanks
My employer filed Labor Certification for my employment-based Green Card (EB2) over a year ago (on March 1st, 2010).
Since it has been more than a year since Labor has been filed, I am assuming my employer can file for a 1-year extension to my H-1B visa 6 months before it expires (that is on June 27th, 2011). Also, in the meantime, if my Labor and subsequent I-140 are approved, I am assuming my employer can file for 3-year extension to my H-1B.
Question 1: Are these assumptions above correct?
Question 2: Can I quit my job and join another firm after the 1 or 3 year extension is granted? That is will another employer be able to file an H1 petition on my behalf for the extended H1 period (that is beyond 6 years) - even though the extension was granted because of a Labor Certification filed by the previous employer?
I plan to get married to an American Citizen in September. Once I get married, I will obviously file for a marriage-based green card.
Question 3: Given the above, can I quit my job and join another firm now (before my H1 extension is filed)? What are my risks?
If I do stay with my current employer - once I get married, I am assuming that I can file for my marriage based green card (form I-130) and adjustment of status (I-485) concurrently.
Question 4: Is the above assumption correct?
Question 5: Can I also file for EAD concurrently with my I-485? How soon can I expect to leave my current employer and take up a job based on the EAD / marriage-based green card?
Appreciate any guidance.
Thanks
more...
kopra
01-30 10:57 AM
Yes, If you have enough Money, Usally 8,000-10,000 $ in the bank statement( This is checked for covering any Medical Bills etc when they are here, just to make sure that the sponser is able to take care of all these when they are in US), That would be enough for you to sponser them.
reachinus
07-20 12:38 PM
Hi All,
I received I485 receipts from my lawyer, they are missing my priority date which is in sept 2002. Not sure why they are missing..
Did any one come across the same situation....
what does it mean
Usually Receipt notices will not have PD's only the approval notice's will have the PD's. Check you 140 Receipt/Approval notice as well. Its OK.
I received I485 receipts from my lawyer, they are missing my priority date which is in sept 2002. Not sure why they are missing..
Did any one come across the same situation....
what does it mean
Usually Receipt notices will not have PD's only the approval notice's will have the PD's. Check you 140 Receipt/Approval notice as well. Its OK.
more...
anandrajesh
10-02 10:41 AM
Hi, I just got my 3 Years extention and planing to co ouside of us. I know I need to get the visa stamped. I need to know where should I start. Do I have to cotact the embassy forst. Thank you for your help.
:o
1. Where are you planning to go? CAnada. or Mexico or your country of origin.
Depending on the above answer the process will be different.
:o
1. Where are you planning to go? CAnada. or Mexico or your country of origin.
Depending on the above answer the process will be different.
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ksairi
08-15 11:03 AM
I am in MD and 140- is already approved, 485 filed on 12th July at Nebraska, where to file EAD and 131. ?
more...
mallu
10-14 02:28 PM
It is mentioned by many that PD should be current at the time of GC approval. Is that right?
I know people from India who got their GC approved when their PD is not current.
One can check this easily in looking for I-485 approvals to people from India who submitted their applications concurrently in EB2 category after say april 2004. Disregard the cases which got approved in July 2007. Still there are many cases remaining invalidating the 'rule'!
The strict rule is that one's PD needs to be current for approval. But if there aren't earlier PDs available for approval ( say stuck in namecheck ) and if USCIS doesn't want to visa numbers for a year to be wasted , then one can get approved even if PD is not current.
I know people from India who got their GC approved when their PD is not current.
One can check this easily in looking for I-485 approvals to people from India who submitted their applications concurrently in EB2 category after say april 2004. Disregard the cases which got approved in July 2007. Still there are many cases remaining invalidating the 'rule'!
The strict rule is that one's PD needs to be current for approval. But if there aren't earlier PDs available for approval ( say stuck in namecheck ) and if USCIS doesn't want to visa numbers for a year to be wasted , then one can get approved even if PD is not current.
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spiro
05-08 04:03 PM
Hi..
I have an h1b stamped in passport that expires in july 2011. However, it is totally unused because i had to leave my company for higher studies in 2009. Now, i am joining the same company again in may 2011 after studies.
1.Is visa extension for 3 years possible in such case..?
2. Will there be any problem because of not using the visa at all till now..?
3. Is there a minimum time limit after joining aftre which only I can apply for extension..?
4. Most important, can i apply for extension even after expiry of visa in july,2011...??
Many thanks,
spiro
I have an h1b stamped in passport that expires in july 2011. However, it is totally unused because i had to leave my company for higher studies in 2009. Now, i am joining the same company again in may 2011 after studies.
1.Is visa extension for 3 years possible in such case..?
2. Will there be any problem because of not using the visa at all till now..?
3. Is there a minimum time limit after joining aftre which only I can apply for extension..?
4. Most important, can i apply for extension even after expiry of visa in july,2011...??
Many thanks,
spiro
more...
TimeSaver
07-10 05:32 PM
I had my EB2 PERM filed and approved with PD of May 2007. Filed 140 for this already. Just today came to know that there is a October 2002 EB3 labor available for substitution at my company and matches my profile so I can use it.
What do you guys say, I only have two days left to file labor substitution, but my lawyers can do it. I have to decide fast.
Thanks
What do you guys say, I only have two days left to file labor substitution, but my lawyers can do it. I have to decide fast.
Thanks
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martinvisalaw
07-08 07:10 PM
See the answers below, IN CAPS
I have couple of questions regarding timeperiod for which I can stay outside US while my I-485 is pending . I had to undergo a re-do surgery of my back in India and was adviced complete bed rest till it heals due to which I am outside US since Jan ending till date
1) Will it effect my GC application as some say its not good to stay more than 180 days outside US continously.
NO, IT SHOULD HAVE NO EFFECT. THE 180 DAY RULE IS MORE RELEVANT AFTER YOU BECOME A PERMANENT RESIDENT. IN THAT CASE IT IS BETTER NOR TO STAY OUTSIDE THE US FOR 180 DAYS.
2) I am on H1 status will it be a issue at POE to have gone for this long
IT MIGHT. I RECOMMEND CARRYING A LETTER FROM THE H-1B EMPLOYER CONFIRMING THAT YOUR JOB IS STILL OPEN FOR YOU.
3) What docs should I be carrying to awnser questions at POE.Is client letter mandatory or continued employment letter and I797 good
SEE ABOVE.
Kindly let me know your advice in this case
I have couple of questions regarding timeperiod for which I can stay outside US while my I-485 is pending . I had to undergo a re-do surgery of my back in India and was adviced complete bed rest till it heals due to which I am outside US since Jan ending till date
1) Will it effect my GC application as some say its not good to stay more than 180 days outside US continously.
NO, IT SHOULD HAVE NO EFFECT. THE 180 DAY RULE IS MORE RELEVANT AFTER YOU BECOME A PERMANENT RESIDENT. IN THAT CASE IT IS BETTER NOR TO STAY OUTSIDE THE US FOR 180 DAYS.
2) I am on H1 status will it be a issue at POE to have gone for this long
IT MIGHT. I RECOMMEND CARRYING A LETTER FROM THE H-1B EMPLOYER CONFIRMING THAT YOUR JOB IS STILL OPEN FOR YOU.
3) What docs should I be carrying to awnser questions at POE.Is client letter mandatory or continued employment letter and I797 good
SEE ABOVE.
Kindly let me know your advice in this case
more...
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bkpaddy
07-17 06:40 AM
Hi,
My H1 was filed on the 1st week of April and I have not yet recieved the reciept number of the same. I am still waiting. When I ask my employer he says even he is waiting for the same. Can someone please let me know what I should do now? Some contact number at VSC will be very useful..
Thanks and Regards,
Pradeep
My H1 was filed on the 1st week of April and I have not yet recieved the reciept number of the same. I am still waiting. When I ask my employer he says even he is waiting for the same. Can someone please let me know what I should do now? Some contact number at VSC will be very useful..
Thanks and Regards,
Pradeep
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supers789
01-02 06:40 PM
can someone please reply?
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mach1343
11-22 01:39 PM
Hi,
I got a contract offer at company A (Industry: Health) at a big city. Currently I am working for a State Government as a contractor. As per salary is concerned not much of a difference between the two contract positions. Me and and my wife are currently working but at different places. 2-3 months back we thought of moving to a big place so that the probability of the other person getting job would be more and we can stay together at the same place so I applied for Company A. They accepted my resume but because of the economy and budget constraints they hold the position and after sometime I forgot about it. I dropped the idea of moving and didn't apply for any jobs because of the current economy situations. Now last week after more than 2 months they reopened that position and interviewed me and I got the offer yesterday. Now I am in a dilemma whether to take this offer at Company A or stay where I am until the economy goes little better. My current job is stable. Added to that my wife's contract getting over in Jan 2009. I am cracking my head here thinking what's right thing to do.
Scenarios:
1. If I moved to Company A and my job is good and then after Jan my wife can look for a job at that place. (chances are more because of Big City). Everything is good.
2. If I moved to Company A and crisis is soo bad and I lost my job and from jan my wife contract is ending. After that it's just nightmare.
3. If I stay where I am and once the economy stabilizes atleast a bit and look for a job.
I really appreciate your suggestions. I know they are people in our forum who studied current economy so good and can give me a valuable advice. Thanks.
I got a contract offer at company A (Industry: Health) at a big city. Currently I am working for a State Government as a contractor. As per salary is concerned not much of a difference between the two contract positions. Me and and my wife are currently working but at different places. 2-3 months back we thought of moving to a big place so that the probability of the other person getting job would be more and we can stay together at the same place so I applied for Company A. They accepted my resume but because of the economy and budget constraints they hold the position and after sometime I forgot about it. I dropped the idea of moving and didn't apply for any jobs because of the current economy situations. Now last week after more than 2 months they reopened that position and interviewed me and I got the offer yesterday. Now I am in a dilemma whether to take this offer at Company A or stay where I am until the economy goes little better. My current job is stable. Added to that my wife's contract getting over in Jan 2009. I am cracking my head here thinking what's right thing to do.
Scenarios:
1. If I moved to Company A and my job is good and then after Jan my wife can look for a job at that place. (chances are more because of Big City). Everything is good.
2. If I moved to Company A and crisis is soo bad and I lost my job and from jan my wife contract is ending. After that it's just nightmare.
3. If I stay where I am and once the economy stabilizes atleast a bit and look for a job.
I really appreciate your suggestions. I know they are people in our forum who studied current economy so good and can give me a valuable advice. Thanks.
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permfiling
05-18 11:07 AM
My LC and I-140 was approved with my ex-employer in CA.Now I have a oppurtunity to join my ex-employer in the east coast. Will I be able to file AOS if I join in a similar role and when my PD becomes current ? The immigration lawyer of my ex-employer told me that I have to join in the same location as my LC was approved to take advantage of AOS as it is location specific. Is it true?
Thanks
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Becks
03-30 07:55 PM
You can change the job peacefully using AC21 since your 485 is pending for more than 6months. Your labor position/location etc doesnt mater. Your current employer cannot do anything but you need to get a copy of labor and I140 from him to use AC21. Also your next job should be same or similar to the one in the labor certification. Hope this helps.
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kkrp
04-27 06:20 PM
I like to change my employer with my pending labor with my current employer. Last year my current employer did 1 yr extension based on pending labor. Still my current employer didn't receive 45 days Notice. But I don't have any info. about my labor. I know only priority date and USPS mail confirmation (when it reached labor dept). I sent 2 mail to H1B7YR@PHI.DFLC.US to get screen shot. But i didn't get any response.
Can you pls help is there any other source to get Labor info.? Since without this labor info. my new employer can't transfer my H1B.
Please help and share your experience ASAP.
Thanks.
Can you pls help is there any other source to get Labor info.? Since without this labor info. my new employer can't transfer my H1B.
Please help and share your experience ASAP.
Thanks.
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santa123
11-03 07:35 AM
inline..
Thanks for your reply meridiani.planum.
I precisely wanted to know if there are any forms like DS-146 for L1B renewal, where we officially communicate our immigration intention.
Thanks for your reply meridiani.planum.
I precisely wanted to know if there are any forms like DS-146 for L1B renewal, where we officially communicate our immigration intention.
Anil_s
09-07 11:00 AM
Hi,
Currently I am in US in H1B and my I-94 is expires in Sept 30 2010 and there is an extension filed for my H1.
In the mean time I want to file I-130 and I-485 based on my brothers citizenship.
Whether the status will change before sept 30 2010? Also if I leave US whether the application will be still valid and how much time it takes to get an approval for both?
Thank You,
Anil
Currently I am in US in H1B and my I-94 is expires in Sept 30 2010 and there is an extension filed for my H1.
In the mean time I want to file I-130 and I-485 based on my brothers citizenship.
Whether the status will change before sept 30 2010? Also if I leave US whether the application will be still valid and how much time it takes to get an approval for both?
Thank You,
Anil
masala dosa
07-17 05:14 PM
Just checking the website after a long time.
WHere is IV core grp?
In the meantime everyone knows the latest on Aug bulletin.
to add some humor i am adding a link....
the video unfortunately in in Tamil....
if only there were folks outside the processing centers as shown in the video
:D :D :D :D :D :D
http://www.youtube.com/watch?v=mbmoOcg5vVM&search=senthil
WHere is IV core grp?
In the meantime everyone knows the latest on Aug bulletin.
to add some humor i am adding a link....
the video unfortunately in in Tamil....
if only there were folks outside the processing centers as shown in the video
:D :D :D :D :D :D
http://www.youtube.com/watch?v=mbmoOcg5vVM&search=senthil
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