srgadi
07-18 01:30 PM
I would say EB3 March 2005. Remember, after PERM was put into place in early 2005 more people applied in EB2 than in EB3. I am not an expert, please consult your attorney.
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purgan
12-17 12:44 PM
For folks who have waited that long, they should not keep them tethered to the empoyer or occupation. They could perhaps do its administratively...for instance, anyone with a GC petition pending longer than 5 years should be eligible for adjucation on the basis of EXISTING paperwork.
A lot of folks- illegal immigrants especially- are pushing for administrative relief in the Obama Admn and we - legal immigrants- deserve atleast equal treatment.
A lot of folks- illegal immigrants especially- are pushing for administrative relief in the Obama Admn and we - legal immigrants- deserve atleast equal treatment.
CheckRaise
10-09 06:12 PM
Thanks for the responses! Sorry to reply both responses in the same thread.
No, I havent got any audit (atleast thats what the employer/attrny says). I keep asking them for screenshot/update and getting nothing. There is already a case of a friend's(PD-Sep 08) whose constant request for information was sidelined and finally in May 09 he was told his PERM was approved in Feb 09. That was total BS, fearing something is amiss I started off on a screenshot request and I am getting stiffed saying DOL is a big pain and hard to pull up cases. I am already running on my 7th year and this BS has my blood boiling over.
I agree with the second poster's response on the thread that its BS that its hard to pull data. Its either they dont want me to worry or they dont want me to know the case number or detail. I am inclined more towards they dont want me to know the status because on numerous trackers I see Dec '08 being processed and not even whiff on my filing something very rotten is going on. :mad:
No, I havent got any audit (atleast thats what the employer/attrny says). I keep asking them for screenshot/update and getting nothing. There is already a case of a friend's(PD-Sep 08) whose constant request for information was sidelined and finally in May 09 he was told his PERM was approved in Feb 09. That was total BS, fearing something is amiss I started off on a screenshot request and I am getting stiffed saying DOL is a big pain and hard to pull up cases. I am already running on my 7th year and this BS has my blood boiling over.
I agree with the second poster's response on the thread that its BS that its hard to pull data. Its either they dont want me to worry or they dont want me to know the case number or detail. I am inclined more towards they dont want me to know the status because on numerous trackers I see Dec '08 being processed and not even whiff on my filing something very rotten is going on. :mad:
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GreenCard4US
08-31 03:59 AM
I am in a similar situation but I had worked for the GC processing employer for 6 years but switched jobs before I applied for 485. Can I invoke AC21?
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venky08
12-06 11:35 PM
three words dude:
FIRE YOUR LAWYER:D
seriously,
you can apply for h1-b for 3 years after i-140 gets approved if you are from oversubscribed countries. in the cover letter to USCIS for the h1 extension, ask them to refer to rule #104 (or something) of USCIS which allows you to file the extension after six years.
do a google search on rule 104 or somebody else can help you out with this
Hello,
My apologies upfront if I am posting this in the wrong thread.
I am currently working on an H1B which expires in Jan 08. My question is regarding H1B extension beyond the 6yr limit. Is it possible to get an extension for my H1B (7.5 yrs completed) even after having filed my I-485 (I was able to file 485 in July of this year)?
As per my lawyer, if for some reason, my EAD renewal next year is delayed or the new card not delivered on time, I will not be allowed to work though I will not be illegal. Keeping this in mind, and also after reading numerous posts online, I got my HR to give the nod for the H1 renewal. My lawyer replied today saying that we cannot get an H1 extension as my 485 is filed and 140 cleared.
I was under the impression that I would be allowed to get the H1B renewed for another year. What are the rules / regulations on this. If someone can pls update me.
Thank you.
Apoorv
My GC status is as follows
I-140 - approved
EAD - approved
AP - approved
FP - completed .
FIRE YOUR LAWYER:D
seriously,
you can apply for h1-b for 3 years after i-140 gets approved if you are from oversubscribed countries. in the cover letter to USCIS for the h1 extension, ask them to refer to rule #104 (or something) of USCIS which allows you to file the extension after six years.
do a google search on rule 104 or somebody else can help you out with this
Hello,
My apologies upfront if I am posting this in the wrong thread.
I am currently working on an H1B which expires in Jan 08. My question is regarding H1B extension beyond the 6yr limit. Is it possible to get an extension for my H1B (7.5 yrs completed) even after having filed my I-485 (I was able to file 485 in July of this year)?
As per my lawyer, if for some reason, my EAD renewal next year is delayed or the new card not delivered on time, I will not be allowed to work though I will not be illegal. Keeping this in mind, and also after reading numerous posts online, I got my HR to give the nod for the H1 renewal. My lawyer replied today saying that we cannot get an H1 extension as my 485 is filed and 140 cleared.
I was under the impression that I would be allowed to get the H1B renewed for another year. What are the rules / regulations on this. If someone can pls update me.
Thank you.
Apoorv
My GC status is as follows
I-140 - approved
EAD - approved
AP - approved
FP - completed .
h1techSlave
04-09 01:41 PM
After reading "Handing the president a win on a major issue like immigration reform in the run up to the 2008 elections might be good policy, but it would be bad politics." in the Time article, I have not much hope in getting a GC in the near future.
If the Democrats agrees with the Republicans and passes any meaningful CIR, then the whole credit would go to Bush and Co. It would make the Republican campaign very easy for Bush.
If I were a Democratic Senator, I would do every thing to block any CIR from getting passed.
With the record number of H1 applications recently, we can also expect that they would put serious limitations on H1, claiming that the whole thing is misused.
Apparently, the whole thing is hugely bad for America. It is not just Indian politician who can destroy their own country, American politicians can also do a fantastic job of destroying their country.
I feel sorry for my kids, who are US citizens by birth.
Cheers,
H1techSlave
If the Democrats agrees with the Republicans and passes any meaningful CIR, then the whole credit would go to Bush and Co. It would make the Republican campaign very easy for Bush.
If I were a Democratic Senator, I would do every thing to block any CIR from getting passed.
With the record number of H1 applications recently, we can also expect that they would put serious limitations on H1, claiming that the whole thing is misused.
Apparently, the whole thing is hugely bad for America. It is not just Indian politician who can destroy their own country, American politicians can also do a fantastic job of destroying their country.
I feel sorry for my kids, who are US citizens by birth.
Cheers,
H1techSlave
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prem_goel
07-20 09:30 PM
Hello Uma001, Kindly refrain from giving misleading information. It does put a thought on several people's mind that breaking the law is "chalta hai". Especially cases like these should be asked to be handled by qualified attorney.
2010 4G61NZ MIRAGE/LANCER MEET!
hpandey
01-30 11:45 AM
My company has filed an AOS application on July 02 2007 using an approved EB3 I-140 (PD = Sep 2001). Then in Dec 2007, they have filed a EB2 I-140 using an approved EB2 PERM to convert the pending AOS apllication to EB2, hoping to port the priority date of pending AOS application to EB2 Sep 2001. EB2 priority dates were retrogressed after the EB2 I-140 was filed.
I am thinking of switching the job now. I don't expect USCIS to process the EB-2 I-140 for next 6 months or so. Is it safe to switch jobs in this situation? I have portability right now, since 180 days have passed after the AOS application was filed with EB3 I-140. Does the EB2 I-140 adversely affect the AC21 after I join the new employer. What will happen to my pending AOS application, when USCIS processes the EB2 I-140 from my original employer, before or after I have used AC21 from the new employer.
Appreciate your feedbacks on this.
Man you are in such a good position . I think with an approved I-140 in EB3 for Sep 2001 PD your GC should not be far away .. Don't mess around with it by changing it to EB2 or things like that. It might get complicated . I would say have patience for a few months . Once you get your GC you are free.
Using AC21 is not a bad idea for those whose GC is a distant dream but for you I think the goal is within sight.
I am thinking of switching the job now. I don't expect USCIS to process the EB-2 I-140 for next 6 months or so. Is it safe to switch jobs in this situation? I have portability right now, since 180 days have passed after the AOS application was filed with EB3 I-140. Does the EB2 I-140 adversely affect the AC21 after I join the new employer. What will happen to my pending AOS application, when USCIS processes the EB2 I-140 from my original employer, before or after I have used AC21 from the new employer.
Appreciate your feedbacks on this.
Man you are in such a good position . I think with an approved I-140 in EB3 for Sep 2001 PD your GC should not be far away .. Don't mess around with it by changing it to EB2 or things like that. It might get complicated . I would say have patience for a few months . Once you get your GC you are free.
Using AC21 is not a bad idea for those whose GC is a distant dream but for you I think the goal is within sight.
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snathan
11-27 01:16 PM
My situation:
I've been given offers by two companies, A and B.
I am currently under my F1 student visa, OPT status, my OPT started at July 2010.
Company A is now processing my H1B petition, and this is the first time I apply for H1B. But I haven't started to work for them yet, they set the start date to be in Jan. next year. They just filed my H1B petition before Thanksgiving.
Right now, I decided not to work for Company A for some personal reasons, and I will work for Company B next year February. (2011) And Company B is going to file a H1B petition for me after the Thanksgiving holiday.
My issue is, Company A is going to terminate the H1B visa process from my end, and ends the employment relation with me. Will I be out of status, if Company A withdraw their H1B petition filed for me? How can I avoid this problem. What should I ask Company A to do, and what should I ask Company B to do.
I am willing to give more details if an attorney can really help me answer my questions. I would really appreciate that! It's kind of urgent. Thanks very much!
You can have multiple H1B. If I were you, I wouldnt tell anything to the company A at this juncture.
I've been given offers by two companies, A and B.
I am currently under my F1 student visa, OPT status, my OPT started at July 2010.
Company A is now processing my H1B petition, and this is the first time I apply for H1B. But I haven't started to work for them yet, they set the start date to be in Jan. next year. They just filed my H1B petition before Thanksgiving.
Right now, I decided not to work for Company A for some personal reasons, and I will work for Company B next year February. (2011) And Company B is going to file a H1B petition for me after the Thanksgiving holiday.
My issue is, Company A is going to terminate the H1B visa process from my end, and ends the employment relation with me. Will I be out of status, if Company A withdraw their H1B petition filed for me? How can I avoid this problem. What should I ask Company A to do, and what should I ask Company B to do.
I am willing to give more details if an attorney can really help me answer my questions. I would really appreciate that! It's kind of urgent. Thanks very much!
You can have multiple H1B. If I were you, I wouldnt tell anything to the company A at this juncture.
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transpass
08-02 07:46 PM
If this is the case, can they take the route of "Follow to join" what are the other options for folks in india?
That I don't know. Probably one needs to check with a lawyer or local consulate regarding the available options...
Regarding applying reentry permit when outside US, please check the recently released USCIS appeals cases...
http://www.uscis.gov/err/I1%20-%20Application%20for%20Issuance%20of%20Reentry%20P ermit/Decisions_Issued_in_2007/Oct102007_03I1223.pdf
http://www.uscis.gov/err/I1%20-%20Application%20for%20Issuance%20of%20Reentry%20P ermit/Decisions_Issued_in_2007/Oct102007_01I1223.pdf
http://www.uscis.gov/err/I1%20-%20Application%20for%20Issuance%20of%20Reentry%20P ermit/Decisions_Issued_in_2007/Oct102007_02I1223.pdf
HTH...
That I don't know. Probably one needs to check with a lawyer or local consulate regarding the available options...
Regarding applying reentry permit when outside US, please check the recently released USCIS appeals cases...
http://www.uscis.gov/err/I1%20-%20Application%20for%20Issuance%20of%20Reentry%20P ermit/Decisions_Issued_in_2007/Oct102007_03I1223.pdf
http://www.uscis.gov/err/I1%20-%20Application%20for%20Issuance%20of%20Reentry%20P ermit/Decisions_Issued_in_2007/Oct102007_01I1223.pdf
http://www.uscis.gov/err/I1%20-%20Application%20for%20Issuance%20of%20Reentry%20P ermit/Decisions_Issued_in_2007/Oct102007_02I1223.pdf
HTH...
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yagw
06-04 12:21 PM
The URL link do not work.
try this:
http://www.californiachronicle.com/articles/yb/131020287
try this:
http://www.californiachronicle.com/articles/yb/131020287
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gdilla
02-28 11:59 AM
I have one year left on my second H1. I am EB3, Canadian born category. Just got I-140 approved last week or so. I've been working here in California for the same employer for 6 years. My PD is Nov 04. I feel like I've taken a big career hit. I am so unhappy with my job - and I'm doing my best to improve the situation including having frank discusssion with the management here on how we can do things better. But they are so risk and change averse, it's so frustrating. I'm going to grad school for my MS in Eng Management part time. Alas, I am only 60% done, with another year to go. Let me put it this way, if i had my GC, I would quit tomorrow morning. I'd rather be unemployed than work here. I just want to concentrate on school and move my career towards strategic management, and management consulting, not engineering. I'm considering giving up and moving back home. I don't know if I can stay in this job for what it seems another 2-3 years!!! It's career suicide. I've been slowly trying to look for a better job, and I'm loathe to take on another eng position which I'm sure I can get without a problem. That is because my heart would not be in it. Any suggestions? Is it possible to just go home and continue the GC process? I can finish school remotely, it's not a problem where I am located.
I work in the aerospace industry. Recently, our company got bought out by another large company. The new company has been shocked and seemingly no experience to having foreign nationals on staff. Because of export and ITAR issues, aerospace is traditionally and mostly gc and citizens only. In a gut reaction, the new company, for fear of violation of US export law, has restricted all FNs to strict hours (8-5 only), with escorts required at all other times. No weekends or holidays whatsoever. As an engineer, I did my best work in the evenings and weekends (because no one bothers me). Now it's very tough to get anything done, although I don't mind escaping here at 5pm everyday. But it's a truly hostile environment for fns now - they audit and restrict us from working on many things. Needless to say that this place will probably never hire another foreigner again. This has been a research oriented facility with many phds on staff, we've needed to attract top talent from around the world to come here. Not anymore. I'm the rare case of joining with only a bachelors. But I joined in 2001, when most were leaving for startups and they had high turnover and needed people.
I work in the aerospace industry. Recently, our company got bought out by another large company. The new company has been shocked and seemingly no experience to having foreign nationals on staff. Because of export and ITAR issues, aerospace is traditionally and mostly gc and citizens only. In a gut reaction, the new company, for fear of violation of US export law, has restricted all FNs to strict hours (8-5 only), with escorts required at all other times. No weekends or holidays whatsoever. As an engineer, I did my best work in the evenings and weekends (because no one bothers me). Now it's very tough to get anything done, although I don't mind escaping here at 5pm everyday. But it's a truly hostile environment for fns now - they audit and restrict us from working on many things. Needless to say that this place will probably never hire another foreigner again. This has been a research oriented facility with many phds on staff, we've needed to attract top talent from around the world to come here. Not anymore. I'm the rare case of joining with only a bachelors. But I joined in 2001, when most were leaving for startups and they had high turnover and needed people.
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Adam
08-19 11:41 AM
nice, temp :thumb: I might have a go later as well. I doubt I'll be able to pull it off though :lol:
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sathweb
01-13 05:14 PM
Hi,
I have two I-140 applications and both are from my current emplyer. One was a regular I-140 and the other was a substitute I-140. Both got approved on the same day. Regular had a PD of 04/2007 and substitute had 11/2004.
The regular got approved with PD of 04/2007 and substitute also got approved with 04/2007. So now what are my options of using the 11/2004 PD.
I was expecting USCIS to approve both applications with 11/2004 instead.
Thanks!!
Here is my understanding of the law regarding the priority date:
In Substitution cases, USICS supposed to assign you the I-140 application Receipt Date as your Priority Date. But for years USCIS has been assigning the original LC Receipt date. No one complained, USCIS continued doing that. Now if you ask them to review your case, the first preference for them would be to defend their decision, so they may send you the section of the law that explains what I said above.
Having said that, I suggest you to appeal. I seriously doubt it will have any negative effect on either of those cases. They can revoke approved I-140 only if there is a fraud involved.
Go ahead and appeal, try your luck.
Best of luck bud.
I have two I-140 applications and both are from my current emplyer. One was a regular I-140 and the other was a substitute I-140. Both got approved on the same day. Regular had a PD of 04/2007 and substitute had 11/2004.
The regular got approved with PD of 04/2007 and substitute also got approved with 04/2007. So now what are my options of using the 11/2004 PD.
I was expecting USCIS to approve both applications with 11/2004 instead.
Thanks!!
Here is my understanding of the law regarding the priority date:
In Substitution cases, USICS supposed to assign you the I-140 application Receipt Date as your Priority Date. But for years USCIS has been assigning the original LC Receipt date. No one complained, USCIS continued doing that. Now if you ask them to review your case, the first preference for them would be to defend their decision, so they may send you the section of the law that explains what I said above.
Having said that, I suggest you to appeal. I seriously doubt it will have any negative effect on either of those cases. They can revoke approved I-140 only if there is a fraud involved.
Go ahead and appeal, try your luck.
Best of luck bud.
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kirupa
04-16 01:47 AM
Dean - you have posted in about 5 or 6 threads just rambling about what you don't like. If you don't like the stamp style, it's cool, try to make your own better ones ;)
Quit complaining!
Quit complaining!
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dpp
11-17 09:48 AM
House bill passed long back, but there are very few differences between Senate and House bills. They have to reconcile.
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gg_ny
02-16 10:06 AM
Sorry I was busy doing my work and hence could not immediately answer your questions on hypothetical situations and some wrong conclusions.
FBI check for visa (H1 and L1) is different from what you get when you apply for GC (consular or AOS). While you are patiently (!) waiting for more from the other 257 people to answer you, please check some USCIS documents.
One has to be thankful that these two screenigns are different because there are people stuck for years in this step when they apply for GC.
Like somebody said, good luck!
I've been thinking about this for a while. Typically, it takes more time in average to obtain a green card through adjustment of status (I-485) than going through consular processing. Here's the part I don't understand! Both applicabts have to pass FBI name check. Those who use I-485 are already in the U.S. and that means they have gone through FBI name check once they applied for a visa at an American consulate/embassy to enter the U.S. under any visa category. Therefore, their background has been checked once and should be less questionable than those who go through consular processing and it's the first time FBI is conducting a name check on them. Now, how is it possible that I-485 applicants have to go through hell to get their green cards while consular processing applicants feel the heat of a green card in their hands much sooner?
FBI check for visa (H1 and L1) is different from what you get when you apply for GC (consular or AOS). While you are patiently (!) waiting for more from the other 257 people to answer you, please check some USCIS documents.
One has to be thankful that these two screenigns are different because there are people stuck for years in this step when they apply for GC.
Like somebody said, good luck!
I've been thinking about this for a while. Typically, it takes more time in average to obtain a green card through adjustment of status (I-485) than going through consular processing. Here's the part I don't understand! Both applicabts have to pass FBI name check. Those who use I-485 are already in the U.S. and that means they have gone through FBI name check once they applied for a visa at an American consulate/embassy to enter the U.S. under any visa category. Therefore, their background has been checked once and should be less questionable than those who go through consular processing and it's the first time FBI is conducting a name check on them. Now, how is it possible that I-485 applicants have to go through hell to get their green cards while consular processing applicants feel the heat of a green card in their hands much sooner?
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praveenat11
10-08 06:00 PM
are the dates current for EB1 category to file I-485?
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eb3retro
04-09 01:01 PM
Yes I have been in US since 1991. Here is my story.
1991 1996 - Did Bachelors in US.
1996 -1998 - Masters
1999 - 2009 - On H1. Have been with same firm for over 10 yrs though I have had several promotions. Always kept H1 though spouse started working on EAD in Jan 2009.
Its been some wait. There have been time I felt so frustrated with this process I literally cried or felt like punching someone.
I wont really believe till I have card in my hand. Difficult to trust USCIS.
congrats dude. ur pd should be 1991 instead of 2001. You really deserve it. have fun.
1991 1996 - Did Bachelors in US.
1996 -1998 - Masters
1999 - 2009 - On H1. Have been with same firm for over 10 yrs though I have had several promotions. Always kept H1 though spouse started working on EAD in Jan 2009.
Its been some wait. There have been time I felt so frustrated with this process I literally cried or felt like punching someone.
I wont really believe till I have card in my hand. Difficult to trust USCIS.
congrats dude. ur pd should be 1991 instead of 2001. You really deserve it. have fun.
wellwisher02
04-07 06:20 PM
Sorry to hear about marital discord. Do talk to your attorney and see what steps needed to be taken further.
My advice, first concentrate on your family. Do try to resolve the issues with your wife. Do give preference to your daughter. Green Cards / Work permits can be obtained later also. Don't worry too much about the GC.
---
Good advice, Syed.
I endorse it! We'd like to see them together.
My advice, first concentrate on your family. Do try to resolve the issues with your wife. Do give preference to your daughter. Green Cards / Work permits can be obtained later also. Don't worry too much about the GC.
---
Good advice, Syed.
I endorse it! We'd like to see them together.
prabirmehta
03-22 11:22 AM
Thanks! S1932 might have been the law he was talking about. I think his job was more to reassure people that they were working on the problem... he didn't seem to be aware of the specifics. He did mention that Senator Chambliss is going to support Senator Specter's proposal.
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