carbon
11-01 02:06 PM
Dear Friends,
Can I quite my current job in the US and go back to india for 6 months come back on AP and find similar job ? is this possible ? how long can I stay in india
before my I-485 status "runs out" ?
My PD is June 2005/EB2. I am a July 2 filer. I have received I-485 receipt,EAD and AP.
Thanks.
Can I quite my current job in the US and go back to india for 6 months come back on AP and find similar job ? is this possible ? how long can I stay in india
before my I-485 status "runs out" ?
My PD is June 2005/EB2. I am a July 2 filer. I have received I-485 receipt,EAD and AP.
Thanks.
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suttu
01-14 01:18 PM
There have been cases reported in past on this forum where the PERM approval was lost in mail.
You should ask your employer to download the PERM approval from DOL ETA website, which should be completed and signed by both you and your employer (similar to the PERM paper approval that you did not receive).
Your lawyer should submit this form with I-140 and also request USCIS to obtain a duplicate copy of PERM approval from DOL. This may help.
Are you porting to EB2?
Yes i was hoping to port to EB2.
The issue is that the lawyer says that they will follow this process of dowloading the cert and request USCIS to get a dupe, but hey say they cannot do this under premium processing and will have to file under regular I140. this adds 6 months to the process and effectively eliminates any advantage since i hope to get my EB3 485 current by that time.
You should ask your employer to download the PERM approval from DOL ETA website, which should be completed and signed by both you and your employer (similar to the PERM paper approval that you did not receive).
Your lawyer should submit this form with I-140 and also request USCIS to obtain a duplicate copy of PERM approval from DOL. This may help.
Are you porting to EB2?
Yes i was hoping to port to EB2.
The issue is that the lawyer says that they will follow this process of dowloading the cert and request USCIS to get a dupe, but hey say they cannot do this under premium processing and will have to file under regular I140. this adds 6 months to the process and effectively eliminates any advantage since i hope to get my EB3 485 current by that time.
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?
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arc
06-26 02:55 PM
Future employment basis seems tricky...
more...
vxb2004
10-03 07:03 PM
As far as I know, I think you need an approved I-140 before you can use AC21.
rabbitboy33
03-12 07:00 AM
Any responses? Anyone?
more...
dilbert_cal
01-13 09:43 PM
Hi ,
I'm looking for university professor/asst professor/lecturer job whereby university can sponsor h1b.If anybody can point me to universities which sponsor h1b in/near bay area ,it would be great. the local community colleges does not seem to sponsor h1b.
Thanks a lot,
Tarun
stanford & berkeley does --check their websites for open faculty positions
I'm looking for university professor/asst professor/lecturer job whereby university can sponsor h1b.If anybody can point me to universities which sponsor h1b in/near bay area ,it would be great. the local community colleges does not seem to sponsor h1b.
Thanks a lot,
Tarun
stanford & berkeley does --check their websites for open faculty positions
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kumaabh
01-13 01:11 AM
I would also say use the EAD.BTW do you work for MA based Tech company as they are the only technology company i know who announced lay offs.
Yes, you are right. I work for the MA based tech company.
Yes, you are right. I work for the MA based tech company.
more...
p_kumar
07-19 03:25 PM
How will USCIS process the I-485 petitions?. According to the applicant's labor priority date or I-485 petition receipt date?. pray tell....:confused:
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90210
07-19 10:30 AM
Can anyone please give me the Employer offer letter format that includes the Job responsibilities for AC21?
more...
tinamatthew
07-21 10:33 AM
In the 485 filings for me and my wife, my divorce certificate for my previous marriage was put in my files but it should have been with my wife's file per 485 intruction because she is the derivative applicant. If USCIS can't find it in my wife's file, will USCIS look for it in my file since we filed together?
If this is not required as initial evidence then they will issue an RFE and then you can send the documents later.
To fix the problem, could we resubmit my wife's 485 now and withdraw the one just submitted even though we don't have the receipt for it yet? or should we wait until we get receipt for the one just submitted and then resubmit her 485 application when my PD become current again? or could we just submit the missing file after we get the receipt and my PD becomes current?
Don't resubmit your wife's application, wait for a receipt
Your help is greatly appreciated.
Hope this helps
If this is not required as initial evidence then they will issue an RFE and then you can send the documents later.
To fix the problem, could we resubmit my wife's 485 now and withdraw the one just submitted even though we don't have the receipt for it yet? or should we wait until we get receipt for the one just submitted and then resubmit her 485 application when my PD become current again? or could we just submit the missing file after we get the receipt and my PD becomes current?
Don't resubmit your wife's application, wait for a receipt
Your help is greatly appreciated.
Hope this helps
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softcrowd
06-17 07:50 PM
I & My wife are working on H1-B visas currently. We two simulataneously started our Greencard process with our employers.
Both of us have a priority date of Sept 2006 & our EB category is Eb2. Both our labors got approved & applied for I-140s. My wife's I-140 got approved recently (from TSC) while Mine is still pending with NSC (Nebraska dates are behind).
A couple of months back, my current employer offered me a pre-aproved EB3 labor (from April 2004) & asked me to apply for I-140 (Substitute). He told me that once approved, I can port this EB3 2004 priority date onto my Eb2 I140. I applied for the same in premium processing, subsequently got an ability-to-Pay RFE and employer is working on providing audited financial statements from 2004.
Overall, we have 3 I-140s between me (2 pending) & my wife (1 Approved). Now that everything is current which one should we pick for applying I-485....This has become a big puzzle for us.
Here below is a snapshot of our status:
Me - EB2 (Sept 2006) - I-140 Pending
- EB3 (Apr 2004) - I-140 Pending (got RFE)
My wife - EB2 (Sept 2006) - I-140 Approved
Here are the options we could think of -
I know, the safest way is to apply I-485 to my wife's approved I-140. But with the DHS's forecast that retrogression is going to be back anytime around Spetember of this year, I am not sure if applying 485 based on a year 2006's date is any useful!! (We get EAD but we may be struck for years to get the green cards).
Is there an option for both of us to apply for I-485s (I will be dependent on my wife's application & my wife would be dependent on my application). If possible, this option gives us a safety net & also helps us in picking up the best. I know at some point, we have to choose between either of the I-485s but hopefully in a couple of months, we get clarity when both my I-140s are approved.
Or is it possible for me to apply for AOS on my pending EB2 2006 I-140 and then once my other Eb3 I-140 is also approved, Can I port the PDs while my I-485 is pending??
In essence, I am trying to find out a way to take advantage of 2004 Priority date I have (assuming Eb3 I-140 is approved).
Could you please help out, if you have any ideas!!
Both of us have a priority date of Sept 2006 & our EB category is Eb2. Both our labors got approved & applied for I-140s. My wife's I-140 got approved recently (from TSC) while Mine is still pending with NSC (Nebraska dates are behind).
A couple of months back, my current employer offered me a pre-aproved EB3 labor (from April 2004) & asked me to apply for I-140 (Substitute). He told me that once approved, I can port this EB3 2004 priority date onto my Eb2 I140. I applied for the same in premium processing, subsequently got an ability-to-Pay RFE and employer is working on providing audited financial statements from 2004.
Overall, we have 3 I-140s between me (2 pending) & my wife (1 Approved). Now that everything is current which one should we pick for applying I-485....This has become a big puzzle for us.
Here below is a snapshot of our status:
Me - EB2 (Sept 2006) - I-140 Pending
- EB3 (Apr 2004) - I-140 Pending (got RFE)
My wife - EB2 (Sept 2006) - I-140 Approved
Here are the options we could think of -
I know, the safest way is to apply I-485 to my wife's approved I-140. But with the DHS's forecast that retrogression is going to be back anytime around Spetember of this year, I am not sure if applying 485 based on a year 2006's date is any useful!! (We get EAD but we may be struck for years to get the green cards).
Is there an option for both of us to apply for I-485s (I will be dependent on my wife's application & my wife would be dependent on my application). If possible, this option gives us a safety net & also helps us in picking up the best. I know at some point, we have to choose between either of the I-485s but hopefully in a couple of months, we get clarity when both my I-140s are approved.
Or is it possible for me to apply for AOS on my pending EB2 2006 I-140 and then once my other Eb3 I-140 is also approved, Can I port the PDs while my I-485 is pending??
In essence, I am trying to find out a way to take advantage of 2004 Priority date I have (assuming Eb3 I-140 is approved).
Could you please help out, if you have any ideas!!
more...
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sukhyani
06-23 01:04 PM
IF dates stay current THEN
I-485 processing is FIFO based on receipt date of I-485
ELSE
I-485 processing is FIFO based on PD
END IF
:)
Man you need to go help USCIS write a good program that helps them become efficient. I am still struggling with the idea that they lose thousands of Visa numbers every year just because of their inefficiency.
I-485 processing is FIFO based on receipt date of I-485
ELSE
I-485 processing is FIFO based on PD
END IF
:)
Man you need to go help USCIS write a good program that helps them become efficient. I am still struggling with the idea that they lose thousands of Visa numbers every year just because of their inefficiency.
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harrisonaquino
04-30 12:18 AM
Any one who already filed i-485, could please give some answers to the above questions... thanks
more...
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nat23
12-11 09:48 AM
I have an appointment for H1B visa stamp @ the toronto consulate next week. This will be my second stamp (first one expired early this year).
I received a phone call from the consulate asking for my H1B receipt/notice dates and receipt number, etc...She told me that there is new rule where USCIS has to verify the I-797 petition even though you carry an original approval notice. With this rule in effect...she told me the passport wait time is miminum of 4 days.
I already booked my tickets 2 weeks ago. I'm confused. Has anyone else received a call or have recently obtain H1B stamp in toronto?
I was hoping to come back in few days and now it's going to cost me $$$$$. I wish NVARS told me this when I signed up for the appointment.
:(:(:(
This is the new rule and went into effect from last week of Nov. It is not only for the Consulate in Toronto but all US Consular posts in Canada atleast.
I received a phone call from the consulate asking for my H1B receipt/notice dates and receipt number, etc...She told me that there is new rule where USCIS has to verify the I-797 petition even though you carry an original approval notice. With this rule in effect...she told me the passport wait time is miminum of 4 days.
I already booked my tickets 2 weeks ago. I'm confused. Has anyone else received a call or have recently obtain H1B stamp in toronto?
I was hoping to come back in few days and now it's going to cost me $$$$$. I wish NVARS told me this when I signed up for the appointment.
:(:(:(
This is the new rule and went into effect from last week of Nov. It is not only for the Consulate in Toronto but all US Consular posts in Canada atleast.
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srh1
08-18 01:04 PM
I filed H1 in April 2007 for my brother who is in India but no news from immigration whether it was approved or denied. As all of you know this year they did a lottery system when i ask my lawyer he says we just have to wait. Its been 5 months now no news. Can somebody suggest me what to do. Is there any website which tells us the status or any number to call.
more...
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m0r1arty
10-24 10:30 AM
Since there is a few of us up for it, lets try to make it happen. How shall we upload / moderate and so forth.
Swish-db have a pretty good system for integrating Swish / flash and PHP, could bung it on the back end of there.
We could put it here if you've got the resources Kirupa.
LETS GET IT ON!!!
(best try to make something now I s'ppose :x )
-m0r
Swish-db have a pretty good system for integrating Swish / flash and PHP, could bung it on the back end of there.
We could put it here if you've got the resources Kirupa.
LETS GET IT ON!!!
(best try to make something now I s'ppose :x )
-m0r
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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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LostInGCProcess
11-01 03:40 PM
I received an RFE for my EAD renewal.
It says "Please submit proof that you have filed an I-485 Application"
I have a copy of my receipt of I-485. Would that be enough to send? Why would they ask for proof of I-485? This is my second EAD renewal.
Please let me know.
Thanks.
It says "Please submit proof that you have filed an I-485 Application"
I have a copy of my receipt of I-485. Would that be enough to send? Why would they ask for proof of I-485? This is my second EAD renewal.
Please let me know.
Thanks.
dngoyal
08-17 02:45 PM
I applied for 485/EAD/AP in the month of June'2007.
I got the receipt and my finger printing is done.
Now my EAD/AP?485 are in pending approval stage.
At this time, I need to travel out of country for urgent reasons,
how it will work.
I have H1B stamped on my passport which is valid till March'2010.
Is it OK to travel on this H1B and re-enter or as my finger printing is done, I am already on AOS status.
Please help.
I got the receipt and my finger printing is done.
Now my EAD/AP?485 are in pending approval stage.
At this time, I need to travel out of country for urgent reasons,
how it will work.
I have H1B stamped on my passport which is valid till March'2010.
Is it OK to travel on this H1B and re-enter or as my finger printing is done, I am already on AOS status.
Please help.
gchodhry
02-28 01:28 PM
Hi,
I am on L-1 Visa. My company is ready to apply green card and H1 visa as well. If my green card application is filed, then change in my visa status L1 to H1 is going to impact to my green card application?
In case I apply H1 from other employer, in that case what would be the impact on my green card application?
Please suggest.
Thanks,
Gagan Chodhry
I am on L-1 Visa. My company is ready to apply green card and H1 visa as well. If my green card application is filed, then change in my visa status L1 to H1 is going to impact to my green card application?
In case I apply H1 from other employer, in that case what would be the impact on my green card application?
Please suggest.
Thanks,
Gagan Chodhry
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