4yourforGC
03-20 12:16 PM
my 140 approved and 485 pending over 180 days. now plan to switch job from a big IT company to university (not study, but work in one of dept at Univ), title and job duty will be similar as before, but salary will be lower due to job industry and location changed. does this impact my 485 final approval? thanks
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greensignal
01-04 02:17 AM
I have a curious situation. I have filed EB3-485 as a secondary applicant to my wife. I am currently in a job where I can't file a green card ( this is my 5th year of H1b). My understanding is one can't have a seventh year extension for H1b unless his I-140 is approved.
Should I consider changing the job and filing another GC by myself. I know I can continue renewing EAD but I still want to keep my H1b
Thanks
Just apply for labor and once the labor is approved apply for I140 (Apply in premium if USCIS starts accepting premium by the time your labor is approved). If premium is not started by the time your labor is approved then apply I140 in regular and wait for premium to start. you can change your I140 Application to premium even though you filed it in regular processing originally.
Who knows you might get the I140 approval in regular processing also before your 6 years is complete.
just do what you can
Should I consider changing the job and filing another GC by myself. I know I can continue renewing EAD but I still want to keep my H1b
Thanks
Just apply for labor and once the labor is approved apply for I140 (Apply in premium if USCIS starts accepting premium by the time your labor is approved). If premium is not started by the time your labor is approved then apply I140 in regular and wait for premium to start. you can change your I140 Application to premium even though you filed it in regular processing originally.
Who knows you might get the I140 approval in regular processing also before your 6 years is complete.
just do what you can
gccovet
08-04 08:56 AM
cool, congrats.!!
USCIS works in mysterious ways!!!
enjoy
GCCovet.
USCIS works in mysterious ways!!!
enjoy
GCCovet.
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whitecollarslave
03-06 10:14 AM
See this FAQ - http://www.dol.gov/ebsa/faqs/faq_consumer_cobra.HTML
There is a phone number for Benefits Advisors in the FAQ above. You can call them and find out for your specific situation.
There is a phone number for Benefits Advisors in the FAQ above. You can call them and find out for your specific situation.
more...
chanduv23
11-17 05:39 PM
Hi,
My wife and I are currently working on EAD and have used the AP to entry the US. We will be going to the Canadian consulate to apply for Canadian Visa (want to go on vacation). I had the following questions:-
1) What all papers are required?
2) How long will they issue the canadian visa for? I am planning on obtaining a multiple entry visa. When I was on H1 they issued me a visa which was till the end of my H1 expiration date.
Thanks.
Not sure about the rules now, but when I did it in 2002, it was a single entry visa for 6 months - though it is single entry - going from US is an exception - from US it is multiple entry and it costed $50 during those times.
Documents - appp form, fee, your legal status here (485, EAD etc..), bank statements and usually they ask why r u visiting Canada and you can say "tourism"
My wife and I are currently working on EAD and have used the AP to entry the US. We will be going to the Canadian consulate to apply for Canadian Visa (want to go on vacation). I had the following questions:-
1) What all papers are required?
2) How long will they issue the canadian visa for? I am planning on obtaining a multiple entry visa. When I was on H1 they issued me a visa which was till the end of my H1 expiration date.
Thanks.
Not sure about the rules now, but when I did it in 2002, it was a single entry visa for 6 months - though it is single entry - going from US is an exception - from US it is multiple entry and it costed $50 during those times.
Documents - appp form, fee, your legal status here (485, EAD etc..), bank statements and usually they ask why r u visiting Canada and you can say "tourism"
kshitijnt
01-25 08:55 PM
Some members in other posts have used abusive language to the extent of comparing my wife to a dog. And some have asked for the money since I have got the answers. I am not sure how these "skilled" people can lobby for the skil bill or for that matter convince a single congressman.
I am keeping an open mind and soon when I get my tax refund or bonus I will be able to contribute. I have high personal expenses and I am not too desperate for GC to ruin my financial security and run after this mirage. Hope you guys get it. If you are short on money just ask. I agree my post was off topic, but it did not warrant insults. It just shows what kind of people I will be company to. Now if I were to call you guys some "shiite moolahs" you wont like it, would you?
I am keeping an open mind and soon when I get my tax refund or bonus I will be able to contribute. I have high personal expenses and I am not too desperate for GC to ruin my financial security and run after this mirage. Hope you guys get it. If you are short on money just ask. I agree my post was off topic, but it did not warrant insults. It just shows what kind of people I will be company to. Now if I were to call you guys some "shiite moolahs" you wont like it, would you?
more...
billu
05-27 12:52 PM
because i was getting conflicting opinions, i consulted an immigration attorney from a big law firm. here is what he says:
You can start working as soon the new company receives the h1b receipt notice.AC21 portability can be applied to H4 to H1 as well.
Link to AC21 guide:
http : // USCIS Home Page (http://www.uscis.gov) / files / pressrelease / ac21guide.pdf
"D. AC21 105 -- Visa portability
The AC21 105 provides that a nonimmigrant who was previously issued an H-lB visa or provided H-1B nonimmigrant status may begin working for a new H-lB employer as soon as that new employer files a "nonfrivolous" H-lB petition on the nonimmigrant's behalf, if:
(a) the nonimmigrant was lawfully admitted to the United States; (b) the nonfrivolous petition for new employment was filed before the end of their period of authorized stay; and (c) the nonimmigrant has not been employed without authorization since his lawful admission to the United States, and before the filing of the nonfrivolous petition."
Based on above information. I would assume that its safe to start after getting the h1b receipt notice. This is for other people in similar situation so that they get the right info.
You can start working as soon the new company receives the h1b receipt notice.AC21 portability can be applied to H4 to H1 as well.
Link to AC21 guide:
http : // USCIS Home Page (http://www.uscis.gov) / files / pressrelease / ac21guide.pdf
"D. AC21 105 -- Visa portability
The AC21 105 provides that a nonimmigrant who was previously issued an H-lB visa or provided H-1B nonimmigrant status may begin working for a new H-lB employer as soon as that new employer files a "nonfrivolous" H-lB petition on the nonimmigrant's behalf, if:
(a) the nonimmigrant was lawfully admitted to the United States; (b) the nonfrivolous petition for new employment was filed before the end of their period of authorized stay; and (c) the nonimmigrant has not been employed without authorization since his lawful admission to the United States, and before the filing of the nonfrivolous petition."
Based on above information. I would assume that its safe to start after getting the h1b receipt notice. This is for other people in similar situation so that they get the right info.
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satish_hello
08-22 10:45 AM
Hi All,
Can we follow up case details only with WAC Receipt from NSC.
Any one approved with WAC receipt with PD'2005 and PD'2006 from NSC.
How many people out there?
Thanks
Can we follow up case details only with WAC Receipt from NSC.
Any one approved with WAC receipt with PD'2005 and PD'2006 from NSC.
How many people out there?
Thanks
more...
Junky
11-11 11:41 AM
ItIsNotFunny,
Thanks for starting this thread. I have just sent all the four letters even though I am not planning to use the AC21. But I feel sorry for fellow EB's who got rejected because few IO did not know about the AC-21. I get really :mad: P***** O** to see that ppl who are playing by rule have to face hardship at freak'n every stage of GC.
Thanks for starting this thread. I have just sent all the four letters even though I am not planning to use the AC21. But I feel sorry for fellow EB's who got rejected because few IO did not know about the AC-21. I get really :mad: P***** O** to see that ppl who are playing by rule have to face hardship at freak'n every stage of GC.
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admin
04-06 10:51 AM
I'm deleting the original text of this post since it is causing confusion: Only Hagel Martinez Provisions Being Considered, Not Oct 05 Hagel Bill.
I've started getting phone calls, and emails on this.
Please find a definitive source before posting any facts and figures in the next few days. There are likely to be a lot of rumors and theories flying around.
I've started getting phone calls, and emails on this.
Please find a definitive source before posting any facts and figures in the next few days. There are likely to be a lot of rumors and theories flying around.
more...
hibworker
02-04 04:54 PM
If the question didn't showed up - then it has been removed. Its as simple as that - isn't it. The question cannot magically show up for some and not for others.
Take it easy! Good luck with your interview.
Take it easy! Good luck with your interview.
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Kodi
05-28 11:55 AM
I have the same question. What is the process of renewing once its already expired? Should a new application be submit? Can we do it on our own without going through a lawyer?
Thank you
Thank you
more...
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fide_champ
09-15 03:59 PM
Hi,
I-485 filed in july 2007. I-140 cleared in 2005.
We filed for GC in 2003 (eb3) in spite of my husband having two advanced degrees (M.Tech and Ph.d) but he is not working in the same field of ph.d. His company randomly filed in eb3 for all the employees.
But now my husband is diagnosed with chronic disease. We are thinking if we switch to eb2 since he is eligible to do that, atleast he would get some medical benefits for the treatment.
How do we proceed with this? Do we have to file labor again?
Any suggestions would be really appreciated.
how medical treatment is related to EB2? All you need is a good insurance.
I-485 filed in july 2007. I-140 cleared in 2005.
We filed for GC in 2003 (eb3) in spite of my husband having two advanced degrees (M.Tech and Ph.d) but he is not working in the same field of ph.d. His company randomly filed in eb3 for all the employees.
But now my husband is diagnosed with chronic disease. We are thinking if we switch to eb2 since he is eligible to do that, atleast he would get some medical benefits for the treatment.
How do we proceed with this? Do we have to file labor again?
Any suggestions would be really appreciated.
how medical treatment is related to EB2? All you need is a good insurance.
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Blog Feeds
11-16 02:40 AM
As we move closer to an Immigration reform, even government officials agree that such major change is very necessary. Here are some remarks by Secretary Napolitano on Immigration Reform at the Center for American Progress:
Over the past year, as this Administration has pursued more effective strategies within the current laws, the picture of how exactly those laws need to be changed has become clearer than ever before. In the past ten months, we have made tough choices, and implemented significant reforms within the current legal framework�but they are not enough to create the system that we want or that we need. If we are truly going to fix a broken system, Congress will have to act.When it comes to immigration, I took an oath as Secretary of Homeland Security to secure the nation by enforcing the law and managing legal flows across the border. Let me be clear: to do this job as effectively as possible, DHS needs immigration reform.Reform legislation would provide lasting and dedicated resources at our borders, and provide some critical legal tools that we don�t currently have to combat smuggling organizations. For example, we need tougher anti-smuggling laws in dealing with the aggravated crimes smugglers commit�including assaulting law enforcement officers, endangering children, threatening relatives and abandoning people in the desert� hundreds of whom succumb to death from heat and lack of water. We also need to update current laws that don�t cover some of the new means by which criminals conduct their business. For instance, today�s smugglers and drug traffickers often move cash through �stored value� cards, which aren�t even considered monetary instruments under the current money-smuggling laws.In addition, we need improvements to the current law when it comes to interior and worksite enforcement. Dishonest businesses often ignore the civil fines for illegal employment now on the books because they�re so low. It�s also very difficult to prosecute these crimes as felonies because of the over-elaborate intent requirements built into the current statutes.
Read more here... (http://www.dhs.gov/ynews/speeches/sp_1258123461050.shtm)
More... (http://www.visalawyerblog.com/2009/11/why_dhs_needs_immigration_refo.html)
Over the past year, as this Administration has pursued more effective strategies within the current laws, the picture of how exactly those laws need to be changed has become clearer than ever before. In the past ten months, we have made tough choices, and implemented significant reforms within the current legal framework�but they are not enough to create the system that we want or that we need. If we are truly going to fix a broken system, Congress will have to act.When it comes to immigration, I took an oath as Secretary of Homeland Security to secure the nation by enforcing the law and managing legal flows across the border. Let me be clear: to do this job as effectively as possible, DHS needs immigration reform.Reform legislation would provide lasting and dedicated resources at our borders, and provide some critical legal tools that we don�t currently have to combat smuggling organizations. For example, we need tougher anti-smuggling laws in dealing with the aggravated crimes smugglers commit�including assaulting law enforcement officers, endangering children, threatening relatives and abandoning people in the desert� hundreds of whom succumb to death from heat and lack of water. We also need to update current laws that don�t cover some of the new means by which criminals conduct their business. For instance, today�s smugglers and drug traffickers often move cash through �stored value� cards, which aren�t even considered monetary instruments under the current money-smuggling laws.In addition, we need improvements to the current law when it comes to interior and worksite enforcement. Dishonest businesses often ignore the civil fines for illegal employment now on the books because they�re so low. It�s also very difficult to prosecute these crimes as felonies because of the over-elaborate intent requirements built into the current statutes.
Read more here... (http://www.dhs.gov/ynews/speeches/sp_1258123461050.shtm)
More... (http://www.visalawyerblog.com/2009/11/why_dhs_needs_immigration_refo.html)
more...
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snathan
03-31 08:02 AM
Hi..
Need some urgent help here..
One of my friend is working for X employer on L1 Visa since 2007. He applied for H1B visa through Y company in 2008 quota, luckily he got it but never joined the company. Now his L1 visa is about to expire.
Question is
What will happen to his H1B visa after L1 visa renewal ?
Thanks in advance
When the H1B was approved if COS was filed and approved, your friend is in trouble. The moment the H1B was approved with COS - means the H1B was coming into effect based on the effective date and L1 was gone. But if your friend did not join the company who sponsored the H1B and still working with L1 - he is out of status. L1 was invalid and he didnot join the H1B sponsor. Effectively he does not have any visa now.
But if the H1B was not filed as COS - Change of Status, he is fine. Now if you go to renew the L1, he would lose the H1B. Whatever the latest visa became valid. So if he wants to switch over to H1B and if its not expired, he may need to file for COS.
Need some urgent help here..
One of my friend is working for X employer on L1 Visa since 2007. He applied for H1B visa through Y company in 2008 quota, luckily he got it but never joined the company. Now his L1 visa is about to expire.
Question is
What will happen to his H1B visa after L1 visa renewal ?
Thanks in advance
When the H1B was approved if COS was filed and approved, your friend is in trouble. The moment the H1B was approved with COS - means the H1B was coming into effect based on the effective date and L1 was gone. But if your friend did not join the company who sponsored the H1B and still working with L1 - he is out of status. L1 was invalid and he didnot join the H1B sponsor. Effectively he does not have any visa now.
But if the H1B was not filed as COS - Change of Status, he is fine. Now if you go to renew the L1, he would lose the H1B. Whatever the latest visa became valid. So if he wants to switch over to H1B and if its not expired, he may need to file for COS.
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SandeR2
03-25 03:16 AM
really good expression on the face!
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Ann Ruben
06-30 07:00 PM
Because you have already been counted in the H-1 quota for FY 2008, you should be able to file for a change of status to H-1 without again being subject to the quota and should not have to wait.
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sagittarian
05-08 04:07 PM
Folks,
I will get my H1B this October. How long should I stick with the same company before transferring? I read somewhere that I should stick with them for atleast 3 months after Oct 1st. Is this true?
I will get my H1B this October. How long should I stick with the same company before transferring? I read somewhere that I should stick with them for atleast 3 months after Oct 1st. Is this true?
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Rockey
02-29 02:37 PM
Okay..That means..we need to give A# also without fail?
I am afraid my company will ask for more details if I disclose this information that's why i want to give No for these questions..:mad:
You have given Yes to this questions right ?
If I don't mention my A# would it be okay? or will they find out by some other ways?
I am afraid my company will ask for more details if I disclose this information that's why i want to give No for these questions..:mad:
You have given Yes to this questions right ?
If I don't mention my A# would it be okay? or will they find out by some other ways?
shimul99
07-31 05:42 PM
140 processing has got nothing to do with your country of origin. Country of origin is used for quotas in AOS/485
In that i applied my I485 in July 2, 2007. AS i'm from bangladesh...when can i expect my AP, EAD and the I-485
In that i applied my I485 in July 2, 2007. AS i'm from bangladesh...when can i expect my AP, EAD and the I-485
plassey
07-20 11:01 PM
Recent memo from USCIS and 485 for does suggest that intial evidence is must. But this does not mean automatic rejection. I will suggest to wait till you get the receipt.
If you are worried about getting EAD then I don't think that should be an issue as USCIS is not going to discover till they start working on your case.
But this has to be corrected and hopefully, if dates become current for you in future, you just send an amendment.
Dear Friends,
Could somebody help us with an urgent question?
In our 485 application, the lawyer put my divorce certificate from my previous marriage in my file but not in my wife's file. According to the 485 instruction, my divorce certificate should be included in my wife's file as initial evidence because she is the derivative applicant.
Will USCIS deny my wife's 485?
If you are worried about getting EAD then I don't think that should be an issue as USCIS is not going to discover till they start working on your case.
But this has to be corrected and hopefully, if dates become current for you in future, you just send an amendment.
Dear Friends,
Could somebody help us with an urgent question?
In our 485 application, the lawyer put my divorce certificate from my previous marriage in my file but not in my wife's file. According to the 485 instruction, my divorce certificate should be included in my wife's file as initial evidence because she is the derivative applicant.
Will USCIS deny my wife's 485?
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