qualified_trash
10-06 03:36 PM
this is also assuming that you have filed for your 485. you cannot apply portability with:
approved labor + approved I140
you can only move to another employer with:
approved labor + approved I140 + pending 485
approved labor + approved I140
you can only move to another employer with:
approved labor + approved I140 + pending 485
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Desertfox
03-16 02:32 PM
I find Ron Gotcher's website very informative. It�s your choice not to read or to disagree with the speculative part, but he definitely is doing a fantastic job of educating the immigration community by answering the simplest of questions. I don�t care if this is a marketing tool for him, but I get a huge relief on the verge of getting laid off, when he quotes from the law-book to assure me that it�s ok to be unemployed after AOS. He takes the time to do that for me. There are not too many out there doing the same!
(just don�t jump on me yet saying that there are other attorneys out there answering the same question, as I just said it as an example)
(just don�t jump on me yet saying that there are other attorneys out there answering the same question, as I just said it as an example)
glus
01-25 08:18 AM
Thank you for the replies, I think I won't do anything further for the I140. I will try to get my H1B first. I am wondering in my case, will my H1B application be rejected due to the "I140 filed when F1"?
Thanks again for the help!
I sent you a private message.
Thanks again for the help!
I sent you a private message.
2011 Prince William and Kate
akgind
05-22 03:03 PM
After eight years my husband is almost able to work (waiting for EAD) and my son has aged out for derivative benefits and is on an F1 with no realistic path to permanent residency and eventual citizenship.
I agree, those who crossed a border illegally or overstayed are now looking at the American Dream being handed to them.
The DREAM act, if it stays in the legislation will give the children of the illegals state tuition rates (I work for the university my son attends and found it hard to get in state tuition rates for him) and they will also get conditional residency and will be able to apply for their own green cards after five years.
Amazing really, that we are seeing and hearing this in the land we chose to live in which claims to be a land where the rule of law is paramount.
I am in the same boat. Waiting in GC line for 5 years. LC still pending. Two children - one aged out two years ago, other will age out in 3 months. We were hoping that DREAM Act will get them through. But no, that benefit will be reserved only for children of illegals. Only they will get in-state tuition, and can apply for GC till age 30. If you are child of legal alien, you age out at 21. What a cruel joke!
I agree, those who crossed a border illegally or overstayed are now looking at the American Dream being handed to them.
The DREAM act, if it stays in the legislation will give the children of the illegals state tuition rates (I work for the university my son attends and found it hard to get in state tuition rates for him) and they will also get conditional residency and will be able to apply for their own green cards after five years.
Amazing really, that we are seeing and hearing this in the land we chose to live in which claims to be a land where the rule of law is paramount.
I am in the same boat. Waiting in GC line for 5 years. LC still pending. Two children - one aged out two years ago, other will age out in 3 months. We were hoping that DREAM Act will get them through. But no, that benefit will be reserved only for children of illegals. Only they will get in-state tuition, and can apply for GC till age 30. If you are child of legal alien, you age out at 21. What a cruel joke!
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gccovet
06-13 01:24 PM
Folks:
I am one of the frustrated ones under EB-3 (India) with a PD of Jul 2003. My case is as follows:
I had 3.5 years of experience + MBA from India when I joined the current Job in 2001.
I applied for my GC in 2003 and the lawyer said since my MBA was not relevant for the current job (software engineer) and since my experience before the current job was less than 5 years, I should apply EB-3.
Currently, I have 11 years of experience (out of which 7.5 is with the current employer from whom I have applied for GC) and I have moved to Business Development that uses my MBA quals.
Can I change to EB-2? What do I need to do? What are the risks?
Any/all pointers will be appreciated
Karthik,
(I am not expert) but I believe , you have to refile (New application) under EB2 catagory and port the EB3 date to EB2.
GCCovet
I am one of the frustrated ones under EB-3 (India) with a PD of Jul 2003. My case is as follows:
I had 3.5 years of experience + MBA from India when I joined the current Job in 2001.
I applied for my GC in 2003 and the lawyer said since my MBA was not relevant for the current job (software engineer) and since my experience before the current job was less than 5 years, I should apply EB-3.
Currently, I have 11 years of experience (out of which 7.5 is with the current employer from whom I have applied for GC) and I have moved to Business Development that uses my MBA quals.
Can I change to EB-2? What do I need to do? What are the risks?
Any/all pointers will be appreciated
Karthik,
(I am not expert) but I believe , you have to refile (New application) under EB2 catagory and port the EB3 date to EB2.
GCCovet
qplearn
11-28 05:52 PM
I am not sure when the CIR will pass...its not on Nancy Pelosi aganda in forseeable future... and several people already mentioned that if it didnt pass by MAY07 then you are looking at Jan 09 to get immigration stuff to happen...
I think we need to work on an interm EB relief bill ...which is absolutely non contraversial and try to pass it....not worring about piggy backing the CIR...
Issues such as h1 increase or adding more numbers need not be in it...we can include things like EAD after I-140...spouse/childer not considered for EB quota...etc...
Unless we act desissively now...its going to be a long way to 2009..
One of ways in which you can make the lawmakers realize the seriousness of the issue of EB relief is by telling them about it in person. They meet tons of other people every day and hear about many issues that are just as important to the others who meet them. So to convince them of the urgency, IMHO, we all must go to their offices and talk to them. That requires you to take some time off from your schedule. Many of us have already met lawmakers. Join your local chapter.
I think we need to work on an interm EB relief bill ...which is absolutely non contraversial and try to pass it....not worring about piggy backing the CIR...
Issues such as h1 increase or adding more numbers need not be in it...we can include things like EAD after I-140...spouse/childer not considered for EB quota...etc...
Unless we act desissively now...its going to be a long way to 2009..
One of ways in which you can make the lawmakers realize the seriousness of the issue of EB relief is by telling them about it in person. They meet tons of other people every day and hear about many issues that are just as important to the others who meet them. So to convince them of the urgency, IMHO, we all must go to their offices and talk to them. That requires you to take some time off from your schedule. Many of us have already met lawmakers. Join your local chapter.
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rsk73
08-18 05:17 PM
Hi All,
I am on H1B from 1998, 12th year and counting.
I applied for my labour 2 times but unfortunately because of different reasons those labor processings could not continue. 3rd time I could use a substitute labor (priority date Oct 2003) which is an EB3 labor certificate in 2005. I applied for I-140 and got approved in 2005.
I applied for I-485 in July 2007 when USCIS opened the gates. My 485 is pending. I got EAD. I am still continuing my H1B status with my new employer.
I am not working for the company that processed my GC. Recently I got an RFE like everyone else about my current employment and responded with the support of my current employer.
I think that the dates for EB3 will not move any further in any near future.
My question is, can I in any way convert my case from EB3 to EB2. If yes, what would be the process.
Please advice.
Thanks in Advance.
I am on H1B from 1998, 12th year and counting.
I applied for my labour 2 times but unfortunately because of different reasons those labor processings could not continue. 3rd time I could use a substitute labor (priority date Oct 2003) which is an EB3 labor certificate in 2005. I applied for I-140 and got approved in 2005.
I applied for I-485 in July 2007 when USCIS opened the gates. My 485 is pending. I got EAD. I am still continuing my H1B status with my new employer.
I am not working for the company that processed my GC. Recently I got an RFE like everyone else about my current employment and responded with the support of my current employer.
I think that the dates for EB3 will not move any further in any near future.
My question is, can I in any way convert my case from EB3 to EB2. If yes, what would be the process.
Please advice.
Thanks in Advance.
2010 Prince William and Kate
maxy
04-17 02:59 PM
Feb 23 ... first 3 yr extension...waiting....
anyone here knows...can DL be renewed based in H1 receipt Or EAD ?
we are talking about NJ here....
Thanks
anyone here knows...can DL be renewed based in H1 receipt Or EAD ?
we are talking about NJ here....
Thanks
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sachin76
05-14 07:28 PM
No, it is wrong, as you can see from the link, this is the correct address effetive July 30, 2007.
I do not think it is wrong. Download instructions for filing I 765 and see the filing address. If you are in NJ, you need to send to Texas service center.
I do not think it is wrong. Download instructions for filing I 765 and see the filing address. If you are in NJ, you need to send to Texas service center.
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smisachu
06-20 03:25 PM
Thanks Chandu. IV- Tristate leadership has been great. I hope the other chapters catch up.
You are right. Thanks for the great job in the chapter
You are right. Thanks for the great job in the chapter
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sodh
07-12 04:29 PM
I do not have knowledge of that you can convert your H1-B application to PP after you get a RFE. But as far as I know that if your application is pending you are safe, in the mean time why don't you find a new employer and transfer your H1-B to the new Enployer.
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vaayu
09-01 03:51 PM
Theres a butt load of cases in this similar situation including myself where a case was transferred to another service center. It appears they can't find or update fingerprints for such cases. Its a shame but another glitch from USCIS
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satishku_2000
12-24 01:03 PM
People say things could be worse . No wonder they have a cut off date of 2001 ...
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nogc_noproblem
04-22 11:23 PM
Please don't give sensational heading like this�
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Macaca
01-25 06:12 PM
My personal situation: I was on F1 visa for 6 years before I started LC process with a company for a totally unrelated to my field of studies position (EB3). We had PERM approved and filed I-140, with me still on F1. I-140 was approved and now we are stuck in retrogression. Meanwhile, and after I-140 was approved, I graduated and applied for H1B based on my major. I have disclosed on H1B application that I have I-140 approved from another company and attached a copy. Not a question asked. H1B was approved within 9 days (cap exempt).
And there's more. Because I violated my F1 status years ago by accepting unauthorized employment (tracable through taxes), my lawer told me to leave the country and re-enter, to cut the tail clean and be eligable for adjustment of status when the quotas open up. I went to Canada, and applied for H1B visa stamp, disclosing on the applicqation that I have I-140 approved and have violated my visa terms previously ("yes" to question 38, in "kiss of death" section of the application). Very stressful time that was. But in the end - no problem, got the stamp and was back in two days.
This makes lot of sense. It does not make sense to have your F1 file and accept I-140, if it violates a USCIS rule.
Nice to know. I thought I-140 required pay checks.
And there's more. Because I violated my F1 status years ago by accepting unauthorized employment (tracable through taxes), my lawer told me to leave the country and re-enter, to cut the tail clean and be eligable for adjustment of status when the quotas open up. I went to Canada, and applied for H1B visa stamp, disclosing on the applicqation that I have I-140 approved and have violated my visa terms previously ("yes" to question 38, in "kiss of death" section of the application). Very stressful time that was. But in the end - no problem, got the stamp and was back in two days.
This makes lot of sense. It does not make sense to have your F1 file and accept I-140, if it violates a USCIS rule.
Nice to know. I thought I-140 required pay checks.
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rinkurazdan
05-30 01:22 PM
Gurus,
I need your help in this scenario. I went to India during Mar 06 and got a stamping on my passport till Jun 2010 (based on my I140 approval). But at the POE, the officer stamped my I-94 till Jun 07 as he could only stamp the date that was on my current I-797. He also told me that I can goto the local USCIS office and extend my I-94 till 2010. Is it true? and if so, how would I go about doing that??
Thanks in Advance for all your help.
ur current I797 should be the latest one for 2010.....since u got ur VISA stamped based on that....why would the POE officer not look at that but look at a previous I797....
How can u get VISA stamped on passpoer for 2010 if u do not have a I797 until 2010..its confusing to me. OR am I missing something.
I need your help in this scenario. I went to India during Mar 06 and got a stamping on my passport till Jun 2010 (based on my I140 approval). But at the POE, the officer stamped my I-94 till Jun 07 as he could only stamp the date that was on my current I-797. He also told me that I can goto the local USCIS office and extend my I-94 till 2010. Is it true? and if so, how would I go about doing that??
Thanks in Advance for all your help.
ur current I797 should be the latest one for 2010.....since u got ur VISA stamped based on that....why would the POE officer not look at that but look at a previous I797....
How can u get VISA stamped on passpoer for 2010 if u do not have a I797 until 2010..its confusing to me. OR am I missing something.
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Bytes4Lunch
03-10 10:45 AM
zCool
I was wondering when you received the RFE. Were you in the US when you received it ? Did you travel to India for a visa stamping ?
I was wondering when you received the RFE. Were you in the US when you received it ? Did you travel to India for a visa stamping ?
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jnicklo
04-18 12:29 AM
its ok quinton ;) you and i dont work in the design field :)
We're bums and Im my own worst enemy, and to think that I thought Pc's, Flash and small monitors were my worst enemy!! ;)
We're bums and Im my own worst enemy, and to think that I thought Pc's, Flash and small monitors were my worst enemy!! ;)
hairstyles Prince William and Kate
raydhan
06-16 02:58 PM
eb3_nepa,
One thing we should forcefully implement is give everybody an oppurtunity to speak up, if a right candidate steps up.
thanks
sri
Nobody from IV has prevented people from other countries from speaking up. On the contrary, multinationalism is only encouraged to give a global face to this issue. But, I don't see anyone from outside India/China bolstering IV's efforts. Why don't they step up and join the core team?
One thing we should forcefully implement is give everybody an oppurtunity to speak up, if a right candidate steps up.
thanks
sri
Nobody from IV has prevented people from other countries from speaking up. On the contrary, multinationalism is only encouraged to give a global face to this issue. But, I don't see anyone from outside India/China bolstering IV's efforts. Why don't they step up and join the core team?
nixstor
08-29 01:19 PM
Do they seek some sort of public opinion? If yes, Is that open to non U S citizens? Is there some kind of voting involved? We can touch base with UTD Student Associations so that they can forward it to their alumni who are still in that area.
pitha
08-14 01:58 PM
I like your optimistic attitude but unfortunately I don�t share it because of past and current behavior of USCIS, like for instance how they willfully disregarded the 180 day name check memo. Do you really believe them when they say name check will be cleared in 2009, just like the current name check memo the fbi name check clearance will be thrown in a dustbin. If by a miracle name check is solved they will come up with some other check delay for example IBIS name check delay. the bottom line is if there is a will there will be a way, USCIS has no will what so ever to help us. Good luck to everyone but just build a reservoir of patience because if you have hope on USCIS you will pay dearly.
USCIS is trying to make EB2 all countries Current sometime during FY 2009. Of course "a few" 2004, 2005 cases will still be pending past Oct08 but hopefully not too many.
If EB1 and EB2 are shown as current soon, then the DOS can transfer the so-called "spillover" into EB3 ROW, then into EB3 IN & CH.
Based on available numbers, EB3 India / China will see rapid movement in dates April 09 Visa Bulletin onwards.
What will happen during 2009 in all likely hood is the following,
Almost all EB1 spillover will go to EB3. (~ 25k)
Some of EB1 and all of EB2 spillover will go to EB2 IN/CH (~ 10k to 15k)
In 2009, there will be no more Name Check delays - therefore expect rapid EB3 approvals after April 09.
USCIS is trying to make EB2 all countries Current sometime during FY 2009. Of course "a few" 2004, 2005 cases will still be pending past Oct08 but hopefully not too many.
If EB1 and EB2 are shown as current soon, then the DOS can transfer the so-called "spillover" into EB3 ROW, then into EB3 IN & CH.
Based on available numbers, EB3 India / China will see rapid movement in dates April 09 Visa Bulletin onwards.
What will happen during 2009 in all likely hood is the following,
Almost all EB1 spillover will go to EB3. (~ 25k)
Some of EB1 and all of EB2 spillover will go to EB2 IN/CH (~ 10k to 15k)
In 2009, there will be no more Name Check delays - therefore expect rapid EB3 approvals after April 09.
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