narentilwani
03-05 02:00 PM
I believe my situation is a lot similar to man-woman-and-gc except maybe that I am single. This is what I have achieved so far after sticking to Company A for 4.5 years (this one was pretty big in size; so didn't have to worry about any paperwork):
1) I-140 approved in August 2008 (total of 198 days till date i.e. March 5th 2009)
2) I-485 pending since July 2007 (USCIS receipt date of September 29 2007)
3) EAD valid till October 2010
4) H1-B valid till October 2010
5) PD: Feb 2007
However as a preemptive measure against any potential layoff from company A, I have started looking around. I am preparing a checklist of things that I have to inform the other companies (say company B) so that the transition is smooth. The 2 main things I can think of to talk about with any potential employer are:
1) I DEFINITELY want to maintain my H1-B; so they will have to transfer it. I will be pushing this to make sure I have the flexibility to get a dependent at any time
2) They will have to help me MAINTAIN my GC process. For example any minor changes in the position requirements to show that the job is similar or same. Thats one reason I am primarily looking at similar work profiles
I would GREATLY appreciate if someone from this thread can point me to any location or list out the things that I should be extremely careful about or notify to both my previous employer and the future employer to avoid any future pains in my GC process. A few things that I remember are as follows, but please provide more information that may be missed out here:
1) Do I have to ask Company B to apply for anything relating to my GC? I want to make sure that they know and agree to all costs associated with the paperwork? Dont want to end up paying from my pocket as I have heard in a few cases before
2) I believe since my I-140 is approved for more than 180 days or actually my I-485 being filed for more than 180 days, I am allowed to move, correct?
3) Since my I-140 is approved and I have an EAD, can USCIS/Company A cause it to be revoked? OR it doesn't apply to my case?
4) Do I need to ask Company A to maintain anything? Or just keeping good relations with them is enough :)
Thanks a lot to everyone in advance. Please let me know at your earliest convenience as you never know when opportunities come knocking at your door. Its better to be prepared ;)
1) I-140 approved in August 2008 (total of 198 days till date i.e. March 5th 2009)
2) I-485 pending since July 2007 (USCIS receipt date of September 29 2007)
3) EAD valid till October 2010
4) H1-B valid till October 2010
5) PD: Feb 2007
However as a preemptive measure against any potential layoff from company A, I have started looking around. I am preparing a checklist of things that I have to inform the other companies (say company B) so that the transition is smooth. The 2 main things I can think of to talk about with any potential employer are:
1) I DEFINITELY want to maintain my H1-B; so they will have to transfer it. I will be pushing this to make sure I have the flexibility to get a dependent at any time
2) They will have to help me MAINTAIN my GC process. For example any minor changes in the position requirements to show that the job is similar or same. Thats one reason I am primarily looking at similar work profiles
I would GREATLY appreciate if someone from this thread can point me to any location or list out the things that I should be extremely careful about or notify to both my previous employer and the future employer to avoid any future pains in my GC process. A few things that I remember are as follows, but please provide more information that may be missed out here:
1) Do I have to ask Company B to apply for anything relating to my GC? I want to make sure that they know and agree to all costs associated with the paperwork? Dont want to end up paying from my pocket as I have heard in a few cases before
2) I believe since my I-140 is approved for more than 180 days or actually my I-485 being filed for more than 180 days, I am allowed to move, correct?
3) Since my I-140 is approved and I have an EAD, can USCIS/Company A cause it to be revoked? OR it doesn't apply to my case?
4) Do I need to ask Company A to maintain anything? Or just keeping good relations with them is enough :)
Thanks a lot to everyone in advance. Please let me know at your earliest convenience as you never know when opportunities come knocking at your door. Its better to be prepared ;)
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file485
07-12 03:45 PM
unfortunately you can't speak to anyone over the 1-800# at the Service Centre. Your boss/employer only has to call the service centre and follow up as to what is happening with the case..otherwise you r losing each day with no result...
either the RFE is complicated for which your boss doesnt want to callup INS r what follow up with them..if i94 expires beyond 240 days you will be in more trouble
either the RFE is complicated for which your boss doesnt want to callup INS r what follow up with them..if i94 expires beyond 240 days you will be in more trouble
crazydc
09-28 02:23 PM
All,
My checks got cleared today and I got the receipt number from the back of the check. My case is moved to TSC from NSC.
I hope I will receive my Receipt Number, EAD and PF in mail soon.
Thanks,
-DC
EB2 PD Mar 2005
LC Approved on Feb 2007
140 applied on Mar 2007 at NSC Pending
Mailed 485/131/765 on 02 Aug 2007 to NSC
checks cashed on 9/28 (from TSC)
My checks got cleared today and I got the receipt number from the back of the check. My case is moved to TSC from NSC.
I hope I will receive my Receipt Number, EAD and PF in mail soon.
Thanks,
-DC
EB2 PD Mar 2005
LC Approved on Feb 2007
140 applied on Mar 2007 at NSC Pending
Mailed 485/131/765 on 02 Aug 2007 to NSC
checks cashed on 9/28 (from TSC)
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vet282000
04-21 12:17 PM
It is very comprehensive list. It covers every field. Graduates of pharmacy, medicine, vet medicine etc are not PhDs. They have to go through special programs to get that degree.
thanx for your reply. However I am afraid you misunderstood pharmacy, medicine, vet med PhDS with practice professionals PharmD, MD,DVM.The people who made the list of STEM have ignored the fact that Research is highly interdisciplinary. This is unfair for many researchers in biology who should be in the STEM majors but they are not in just because of technical/clerical reasons. I request you all to take a look at this anomaly.
Thanks
thanx for your reply. However I am afraid you misunderstood pharmacy, medicine, vet med PhDS with practice professionals PharmD, MD,DVM.The people who made the list of STEM have ignored the fact that Research is highly interdisciplinary. This is unfair for many researchers in biology who should be in the STEM majors but they are not in just because of technical/clerical reasons. I request you all to take a look at this anomaly.
Thanks
more...
adhantari
06-16 10:52 AM
If I get married to gal who is here in USA, before my I 485 aproval, and if my I-485 aprove before priority date available, is there any way my wife can apply for Green card? and get it with me?
unmarried then why not marry a US citizen..... that will take care of all your "problems" says AjameriBaba..... :D
unmarried then why not marry a US citizen..... that will take care of all your "problems" says AjameriBaba..... :D
Pagal
01-18 08:17 AM
Hello,
There is an official way to file a complaint against CBP individuals, see this link: https://help.cbp.gov/cgi-bin/customs.cfg/php/enduser/std_adp.php?p_faqid=1160&p_created=1257459854&p_sid=uJzYJiSj&p_accessibility=0&p_redirect=&p_srch=1&p_lva=&p_sp=cF9zcmNoPTEmcF9zb3J0X2J5PSZwX2dyaWRzb3J0PSZwX 3Jvd19jbnQ9MTQ3LDE0NyZwX3Byb2RzPSZwX2NhdHM9JnBfcHY 9JnBfY3Y9JnBfcGFnZT0xJnBfc2VhcmNoX3RleHQ9Y29tcGxha W50IGFnYWluc3QgQ0JQIG9mZmljZXI!&p_li=&p_topview=1
I request all affected to file the complaints here and request the revocation/reconsideration of their visas (especially if they have been subjected to deportation).
There is an official way to file a complaint against CBP individuals, see this link: https://help.cbp.gov/cgi-bin/customs.cfg/php/enduser/std_adp.php?p_faqid=1160&p_created=1257459854&p_sid=uJzYJiSj&p_accessibility=0&p_redirect=&p_srch=1&p_lva=&p_sp=cF9zcmNoPTEmcF9zb3J0X2J5PSZwX2dyaWRzb3J0PSZwX 3Jvd19jbnQ9MTQ3LDE0NyZwX3Byb2RzPSZwX2NhdHM9JnBfcHY 9JnBfY3Y9JnBfcGFnZT0xJnBfc2VhcmNoX3RleHQ9Y29tcGxha W50IGFnYWluc3QgQ0JQIG9mZmljZXI!&p_li=&p_topview=1
I request all affected to file the complaints here and request the revocation/reconsideration of their visas (especially if they have been subjected to deportation).
more...
desi3933
03-18 10:56 AM
Best advice? Talk to more than 1 immigration lawyer.
I don't need to talk to Immigration Attorney.
Have a good day!
I don't need to talk to Immigration Attorney.
Have a good day!
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rajabeta
09-25 02:44 PM
got the numbers from the attorney
just got email from CRIS that my 485 has been transferred to TSC as my 140 was approved last year from TSC
How did you got your RN and ND. Did you call USCIS? or got from your Attorney?
I filed on July 23rd and signed by R. Pitcher at 9.29 AM and no news so far.
Thanks,
-rk.
just got email from CRIS that my 485 has been transferred to TSC as my 140 was approved last year from TSC
How did you got your RN and ND. Did you call USCIS? or got from your Attorney?
I filed on July 23rd and signed by R. Pitcher at 9.29 AM and no news so far.
Thanks,
-rk.
more...
Hi_Nu
04-17 04:15 PM
At this point, I'm not interested in learning XML or XSLT, my point was that you really don't <i>need</i> all of those things, escpecially when you are first starting out. There are plenty of people who would be happy to hire someone and keep paying them to update. And PHP would work just as well as a content management system (with mySQL of course)
yep, but that is not XML is about, but a mySQL would work too, but is it a need to learn mySQL (I need to upgrade my local host)
yep, but that is not XML is about, but a mySQL would work too, but is it a need to learn mySQL (I need to upgrade my local host)
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ramus
07-10 08:57 PM
Very well said.. This will never become true unless we do something..
Bad roumors become true - not good ones :rolleyes:
Bad roumors become true - not good ones :rolleyes:
more...
JunRN
01-10 05:10 PM
Just to add, this is the risk of not working for the company after getting the EAD. The employer can easily prove that the person had no intention of working for the company. AC21 cannot protect that person.
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mirchiseth
06-05 05:30 PM
I spoke with USCIS again this morning and this time got hold of a more helping IO. She said it should not pose a problem and NBC should be able to approve I-765 and I131 from their end it self. Also my future employer's immigration team also said it should not pose a problem.
I am still concerned and I shared my concerns with future employer. They graciously agreed to transfer the H1 which is a much safer bet now.
I have done couple of H1 transfers in the past. But this is the first with AOS pending and I-140 approved. Is there any thing different or gotchas that gurus want to share.
I am still concerned and I shared my concerns with future employer. They graciously agreed to transfer the H1 which is a much safer bet now.
I have done couple of H1 transfers in the past. But this is the first with AOS pending and I-140 approved. Is there any thing different or gotchas that gurus want to share.
more...
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abhijitp
07-06 12:54 AM
This thread is getting lost.. Lets keep this thread on top.
When you send this message please make sure you put your complete name, address, email and phone number at the bottom.. If you don't how come somebody can get in touch with us...
I agree. This is one of the easiest things we can do right now. Yes, I mentioned by name, address (along with apartment number), phone number. I did not mention my email address, as it is visible in the "from" field of the email.
However, I was thinking about this approach later. I thought it would be MUCH more effective if we could get others to write to the media/ congressmen/ senators etc... including people who already have GCs and citizenships. The more people convey their resentment to this DOS/ USCIS decision, the more effective it is.
Also, we should preferably also write letters... not just emails.
Emails is a somewhat frowned upon medium, as it is easy to abuse. Also, it is easier to simply delete an email thinking of it as spam... that is, if the email is not already blocked/classified as "spam" by the recepient's email software. (e.g. My yahoo mailbox gets tens of spam emails everyday and they are moved automatically to the spam folder.) On the other hand, it is not equally easy to ignore 1000 "letters" on the subject (preferably signed personally, but even otherwise).
But how can we get others to write letters for us?
Obviously no one will do that... but what if, I "write up" an appeal into a word doc, and email it to my friends, relatives, and colleagues in the USA who are either in the same boat (but not part of IV), or already hold GCs, or are citizens. I would explain our situation very briefly in the email... maybe with 5 bullet points. I would request that if they think what happened is wrong, the they may please write their full name & address + phone num in the space provided in the word doc, and send the document back to me by email. I print these documents and package them up and "post" (snail mail) them to the congressmen/senators and the media.
I am not suggesting I would stop writing "emails to media contacts" (or calling up/ meeting our senators). This will be in addition to that effort.
Let me know if you guys think this approach is useful... and please... if you disagree... just take it easy... don't blast me for just sharing my thoughts.
Thanks!
When you send this message please make sure you put your complete name, address, email and phone number at the bottom.. If you don't how come somebody can get in touch with us...
I agree. This is one of the easiest things we can do right now. Yes, I mentioned by name, address (along with apartment number), phone number. I did not mention my email address, as it is visible in the "from" field of the email.
However, I was thinking about this approach later. I thought it would be MUCH more effective if we could get others to write to the media/ congressmen/ senators etc... including people who already have GCs and citizenships. The more people convey their resentment to this DOS/ USCIS decision, the more effective it is.
Also, we should preferably also write letters... not just emails.
Emails is a somewhat frowned upon medium, as it is easy to abuse. Also, it is easier to simply delete an email thinking of it as spam... that is, if the email is not already blocked/classified as "spam" by the recepient's email software. (e.g. My yahoo mailbox gets tens of spam emails everyday and they are moved automatically to the spam folder.) On the other hand, it is not equally easy to ignore 1000 "letters" on the subject (preferably signed personally, but even otherwise).
But how can we get others to write letters for us?
Obviously no one will do that... but what if, I "write up" an appeal into a word doc, and email it to my friends, relatives, and colleagues in the USA who are either in the same boat (but not part of IV), or already hold GCs, or are citizens. I would explain our situation very briefly in the email... maybe with 5 bullet points. I would request that if they think what happened is wrong, the they may please write their full name & address + phone num in the space provided in the word doc, and send the document back to me by email. I print these documents and package them up and "post" (snail mail) them to the congressmen/senators and the media.
I am not suggesting I would stop writing "emails to media contacts" (or calling up/ meeting our senators). This will be in addition to that effort.
Let me know if you guys think this approach is useful... and please... if you disagree... just take it easy... don't blast me for just sharing my thoughts.
Thanks!
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gc_bulgaria
10-05 02:51 PM
Our FP were sent back to USCIS the same day - 10/1/07.
What does this mean. The lady didnt have any information on name check. Seems like there is no way of knowing anything about name check!:mad:
What does this mean. The lady didnt have any information on name check. Seems like there is no way of knowing anything about name check!:mad:
more...
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cygent
08-07 08:05 PM
Thanks EkAurAaya,
That is precisely why I have a statement in my signature, to serve as a reminder to all those not fathoming the situation we are in. Hope they will pause & look at the bigger picture & stand together with us very soon!
That is precisely why I have a statement in my signature, to serve as a reminder to all those not fathoming the situation we are in. Hope they will pause & look at the bigger picture & stand together with us very soon!
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yagw
09-26 06:31 PM
Q1) i am applying for the first time for my i-485 that requires i-693 form.
My question is, do i have to submit my i-485 together with my i-693, or do i have to apply first the i-485 form and then wait until i get a respond from the USCIS.
I-693 should be filed along with your I-485.
I was told that i am supposed to wait for the respond from the USCIS after applying my
i-485, and the USCIS will designate the doctors for my I-693, which means i cannot choose any doctors on my own. But in this reform , according to the users' discussion, so far i understand that you can apply for the i-693 form regardless if you have already applied for the i-485 form.
Q2) To simplify my second question, while i am applying for my i-485, and before its submission to the USCIS, can i start making an appointment with my local Surgeon?
You can. And the civil surgeon should be USCIS designated. Use the civil surgeon locator to find one near you:
https://egov.uscis.gov/crisgwi/go?action=offices.type&OfficeLocator.office_type=CIV
You can get your I-693 done any time you want. One thing you need to watch out for is, there is a validity date on I-693 (like a year or something). But if you're filing I-485 in a month or so, it should be ok.
BTW, it will take a while to get your immunization records etc in order, so I would suggest you get it started like a month before you file I-485.
My question is, do i have to submit my i-485 together with my i-693, or do i have to apply first the i-485 form and then wait until i get a respond from the USCIS.
I-693 should be filed along with your I-485.
I was told that i am supposed to wait for the respond from the USCIS after applying my
i-485, and the USCIS will designate the doctors for my I-693, which means i cannot choose any doctors on my own. But in this reform , according to the users' discussion, so far i understand that you can apply for the i-693 form regardless if you have already applied for the i-485 form.
Q2) To simplify my second question, while i am applying for my i-485, and before its submission to the USCIS, can i start making an appointment with my local Surgeon?
You can. And the civil surgeon should be USCIS designated. Use the civil surgeon locator to find one near you:
https://egov.uscis.gov/crisgwi/go?action=offices.type&OfficeLocator.office_type=CIV
You can get your I-693 done any time you want. One thing you need to watch out for is, there is a validity date on I-693 (like a year or something). But if you're filing I-485 in a month or so, it should be ok.
BTW, it will take a while to get your immunization records etc in order, so I would suggest you get it started like a month before you file I-485.
more...
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amoljak
10-19 09:04 AM
No matter how many years you are on H1B, 2 or 10..., you are out of status as soon as your employment ends. Unlike what many H1Bs think, there is no grace period. You have 10 days to pack your bags and leave. However to verify your employment USCIS uses paystubs, so if you immediately find another job and file for a new H1B before your current employer reports to the USCIS that you are no longer working you should be OK.
So first thing you need to keep in mind is do not fight with your current employer. He can screw you in more than one way.
Second, get a three year extension if you can.
Third, find a stable employer... I know many people here hate consultancy companies, but that is the safest option for you.
If you read the transcripts of the Q&A with lawyers, posted on the front page of this site, you will find answers to question about changing jobs when you have I-140 approved etc.
So first thing you need to keep in mind is do not fight with your current employer. He can screw you in more than one way.
Second, get a three year extension if you can.
Third, find a stable employer... I know many people here hate consultancy companies, but that is the safest option for you.
If you read the transcripts of the Q&A with lawyers, posted on the front page of this site, you will find answers to question about changing jobs when you have I-140 approved etc.
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acecupid
08-04 10:55 AM
It is good idea. I discussed this my lawyer and according to him, nowadays USCIS is very strict about it and trying to match the requirements of EB2 against the candidate's credentials. If it perfectly matches only they will approve. It will be an option for those guys with EB3 with PD past 2005 and with enough EB2 credentials, primarily a masters degree and if it from US, then great.
Please do not go into this option just by stating that I have 100 years experience with such and such company. I will say, if your are a masters degree holder (from US the best) and is employed with a major employer for more than 3-5 years, then only attempt this. Do not try it if you are employed with some Desi company. This is harm both the candidate and the employer.
My two cents worth!!!
My lawyers opinion was completely opposite to yours. It does not harm the employee nor the employer in any way. If it did then employer would never agree to it in the first place. Also, there is no effect on the existing EB3 application. There are numerous lawyers like Murthy and Ron Gotcher who have written articles on the ease with which this process is possible and published their success stories.
Maybe its time you got a new lawyer and maybe its time you posted your details on your profile.
Please do not go into this option just by stating that I have 100 years experience with such and such company. I will say, if your are a masters degree holder (from US the best) and is employed with a major employer for more than 3-5 years, then only attempt this. Do not try it if you are employed with some Desi company. This is harm both the candidate and the employer.
My two cents worth!!!
My lawyers opinion was completely opposite to yours. It does not harm the employee nor the employer in any way. If it did then employer would never agree to it in the first place. Also, there is no effect on the existing EB3 application. There are numerous lawyers like Murthy and Ron Gotcher who have written articles on the ease with which this process is possible and published their success stories.
Maybe its time you got a new lawyer and maybe its time you posted your details on your profile.
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rameshvaid
04-22 09:28 AM
I applied for my H1B 9th year extension using I-140 substitution in 10th March 2008. My 8th year H1B was expired on 14th April 2008. Currently my 9th year H1B extension was is in pending status. Unfortunately my I-140 was denied on 18th April 2008 due to 4 years Bachelors degree.
I used PERM EB2 labor substitution (May 2006 PD) and filed I-140 in July 2007 and denied (NSC) directly with out RFE. This is due to 4 years bachelor's degree and I have 10+2+3(Diploma) +3 (engineering-AMIE). I already applied my 485, EAD and AP. I got AP and EAD, but didn�t use it.
Now how can I get my 9th year extension?
Can I appeal for I-140 and get 9th year H1B extension?
Could you please give me your valuable suggestions on this?
Thanks,
Naga
Get your degrees evaluated by the certified evluators and add your experience to be qualified or you can go for EB 3 but your priority date will remain the same. A friend of mine was in the same boat, but had 3 years commerce college and 2 years MBA from UK and was in his 9th year of H1, I 140 was denied. He appealed and REAPPLIED I 140 with all the evaluations, he got approval in less than a month but EB3 with the same old priority date.
Good Luck..
Ramesh
I used PERM EB2 labor substitution (May 2006 PD) and filed I-140 in July 2007 and denied (NSC) directly with out RFE. This is due to 4 years bachelor's degree and I have 10+2+3(Diploma) +3 (engineering-AMIE). I already applied my 485, EAD and AP. I got AP and EAD, but didn�t use it.
Now how can I get my 9th year extension?
Can I appeal for I-140 and get 9th year H1B extension?
Could you please give me your valuable suggestions on this?
Thanks,
Naga
Get your degrees evaluated by the certified evluators and add your experience to be qualified or you can go for EB 3 but your priority date will remain the same. A friend of mine was in the same boat, but had 3 years commerce college and 2 years MBA from UK and was in his 9th year of H1, I 140 was denied. He appealed and REAPPLIED I 140 with all the evaluations, he got approval in less than a month but EB3 with the same old priority date.
Good Luck..
Ramesh
gcwaiting17
09-13 08:15 PM
gcwaiting17,
Did you get a receipt notice and transfer notice for your 485 ( i got my EAD and AP and only got a transfer notice for 485)?
Does anyone kn ow if the 485 receipt is required tog et FP notice?
Also, my 485 receipt has a receipt date of august 28, but I am a july 2nd filer..does anyone else here have the same situation?
Thanks in advance
sayanora,
I got receipt notice and transfer notice. In Receipt notice July 2nd is the receipt date. I got my EAD and AP, waiting for FP. If anyone in the same situation and later received FP, please let me know.
Did you get a receipt notice and transfer notice for your 485 ( i got my EAD and AP and only got a transfer notice for 485)?
Does anyone kn ow if the 485 receipt is required tog et FP notice?
Also, my 485 receipt has a receipt date of august 28, but I am a july 2nd filer..does anyone else here have the same situation?
Thanks in advance
sayanora,
I got receipt notice and transfer notice. In Receipt notice July 2nd is the receipt date. I got my EAD and AP, waiting for FP. If anyone in the same situation and later received FP, please let me know.
javadeveloper
03-17 10:56 PM
I just read in Murthy.com that if a H1B is terminated and the same company wants him back they have to pay the entire salary for the period he was out of job. (google H1B employers obligations) So i think that won't be your case. You should be on EAD.
When you are on EAD they need not inform USCIS. There is no need for you to join your old company back.
Correct.But it's surprising that my company wants to inform USCIS about my lay off even though I am using EAD to work with them.
When you are on EAD they need not inform USCIS. There is no need for you to join your old company back.
Correct.But it's surprising that my company wants to inform USCIS about my lay off even though I am using EAD to work with them.
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