Jyotsna
10-13 11:01 AM
My case is similar. EB3 - June, 04. Applied I-485 in EB3 July-2007. Then had an EB2 from same employer PD-Aug-2006. The call center person is right, that is exactly what my lawyer advised me as well. Here is what I did
Applied I-485 in EB3 - (July - 2007)
Requested to port the I-485 to EB2 category (with I-140 approved for EB2 and EB3 in hand) in Aug-2008 (In Aug-2008) the dates were current for EB2, June-2004
Created an SR in Aug-2009 when in Sept-2009 it was again becoming current for EB2-2004
I-485 Approved on Sept, 2, 2009.
My advise would be :
Prepare the case with the lawyer on the category transfer (EB3->EB2) keeping the PD same. Wait EB2-Feb, 2007 becomes current and send the application and open an SR. People have noticed that creating the SR is helping but you must have to wait for EB2, Feb-2007 to be current for you.
Note : There is a possibility that your I-485 application is already in EB2 category. I would suggest to take an InfoPass and confirm it in Oct-Nov when there are less people enquring.
Regards
(I am not an attorney)
My P.date is 2002 EB-3 and I have used AC-21 is it possible for me to change to EB2 ? and can you share info of your attorney. Thanks.
Applied I-485 in EB3 - (July - 2007)
Requested to port the I-485 to EB2 category (with I-140 approved for EB2 and EB3 in hand) in Aug-2008 (In Aug-2008) the dates were current for EB2, June-2004
Created an SR in Aug-2009 when in Sept-2009 it was again becoming current for EB2-2004
I-485 Approved on Sept, 2, 2009.
My advise would be :
Prepare the case with the lawyer on the category transfer (EB3->EB2) keeping the PD same. Wait EB2-Feb, 2007 becomes current and send the application and open an SR. People have noticed that creating the SR is helping but you must have to wait for EB2, Feb-2007 to be current for you.
Note : There is a possibility that your I-485 application is already in EB2 category. I would suggest to take an InfoPass and confirm it in Oct-Nov when there are less people enquring.
Regards
(I am not an attorney)
My P.date is 2002 EB-3 and I have used AC-21 is it possible for me to change to EB2 ? and can you share info of your attorney. Thanks.
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map_boiler
07-18 09:26 AM
I don't understand why you don't want to depend on I-485 as the only source? If it is a straight forward case, there should be no issues. Your husband can be on EAD and there is no need for him to be on a "365 day exile", as you put it. Unless of course, you're worried that the labor sub I-140 could be denied?
I dont want to depend on pending I485 as the only source. I want each of us to have status independent of it.
I do understand that he can apply H1 only in Apr 08 and start working from Oct 08.
I am hoping a short visit will not reset his 365 day exile. One more query I have is can he leave US for around 10 days immediately after applying for I485. Should he apply for AP along with I485 or should he wait once he comes back after his short trip on a valid L2? Will it be OK ?
I dont want to depend on pending I485 as the only source. I want each of us to have status independent of it.
I do understand that he can apply H1 only in Apr 08 and start working from Oct 08.
I am hoping a short visit will not reset his 365 day exile. One more query I have is can he leave US for around 10 days immediately after applying for I485. Should he apply for AP along with I485 or should he wait once he comes back after his short trip on a valid L2? Will it be OK ?
purgan
12-08 03:47 PM
Mike Huckabee is fast emerging as the leading Republican Presidential Candidate, and has a commanding lead in Iowa.
While all other leading Repub contenders: McCain, Guiliani, Romney and Thompson, have expressed support for strengthening and increasing high skilled immigration, not much was known about Huckabee as he was in State Government previously.
http://www.mikehuckabee.com/?FuseAction=Newsroom.PressRelease&ID=412
Modernize the Process of Legal Immigration:
Increase visas for highly-skilled and highly-educated applicants.
Improve our immigration process so that those patiently and responsibly seeking to come here legally will not have to wait decades to share in the American dream.
Mark Krikorian's entry on Huckabee's plan. Naturally he's not happy with Any increase on immigration even if there are cuts in other areas...but who cares....every one of the likely Repub Presidential Candidates support increasing High Skill Immigration.
http://corner.nationalreview.com/post/?q=YzI5MjhhNmQwZjhjMTNlOTgyNGQxN2NkNjQ3ZmIzNzM=
The leading Democrats - Clinton, Obama and Edwards- also support increasing High Skill Immigration. I hope the Congressional leaders take note of what their future Chief Executives are saying...and ACTUALLY DO SOMETHING!!!
While all other leading Repub contenders: McCain, Guiliani, Romney and Thompson, have expressed support for strengthening and increasing high skilled immigration, not much was known about Huckabee as he was in State Government previously.
http://www.mikehuckabee.com/?FuseAction=Newsroom.PressRelease&ID=412
Modernize the Process of Legal Immigration:
Increase visas for highly-skilled and highly-educated applicants.
Improve our immigration process so that those patiently and responsibly seeking to come here legally will not have to wait decades to share in the American dream.
Mark Krikorian's entry on Huckabee's plan. Naturally he's not happy with Any increase on immigration even if there are cuts in other areas...but who cares....every one of the likely Repub Presidential Candidates support increasing High Skill Immigration.
http://corner.nationalreview.com/post/?q=YzI5MjhhNmQwZjhjMTNlOTgyNGQxN2NkNjQ3ZmIzNzM=
The leading Democrats - Clinton, Obama and Edwards- also support increasing High Skill Immigration. I hope the Congressional leaders take note of what their future Chief Executives are saying...and ACTUALLY DO SOMETHING!!!
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jaggu bhai
07-27 01:04 PM
ravi
Pl find these colleges
International Technological University (http://itu.edu/)
Herguan University (http://www.herguanuniversity.org/index.html)
i thought of these two colleges which were referred by someone, i assumed that, as these colleges are having so many F1 Indian students (i saw on social networking sites), these would be accredited colleges???????????????????
after seeing ur reply, I realised that there are so many ANNAMALAI universities here!!!!
Do u have any idea, where can we check these college status!!!!
the fees u were referring was for an year or per total studies?
I said for an year approx.....
tx
Pl find these colleges
International Technological University (http://itu.edu/)
Herguan University (http://www.herguanuniversity.org/index.html)
i thought of these two colleges which were referred by someone, i assumed that, as these colleges are having so many F1 Indian students (i saw on social networking sites), these would be accredited colleges???????????????????
after seeing ur reply, I realised that there are so many ANNAMALAI universities here!!!!
Do u have any idea, where can we check these college status!!!!
the fees u were referring was for an year or per total studies?
I said for an year approx.....
tx
more...
ramaonline
07-10 07:37 PM
My friend has this scenario and want expert advise from IV members.
- On L1 for 3 1/2 years and H1 for 2 years 3 months. About to complete 6
years in 3 months. - Filed Labor (approved. PD Aug 2004 EB3), I140 (applied in May 2007) and I485 (July fiasco)
- I140 still pending
Question:
1. Does L1 period is counted for H1 extention?
[I]H1 term of 6 years includes l1 time and excludes vacation periods
2. Can he do H1 transfer using AC21 without I140 approval?
Not sure what you are looking for. 1 year H1 extension is possible since labor PD is 2004. The extension also allows you to transfer / change employers[I]
As 6 years are going to be expired?
3. What if the old employer revokes his I140 now? His GC process is invalid?
premium processing for 140 is available in some cases - chk the faq on uscis website. If the 140 is withdrawn prior to approval then the PD cannot be ported. If it is revoked after approval then u can retain the PD for any new GC process. 3 year h1 extn is also possible
4. If we leave about GC, Can he do H1 transfer atleast?
Yes based on approved LC + h1 extension.
Note that gc is for a future job offer.
- On L1 for 3 1/2 years and H1 for 2 years 3 months. About to complete 6
years in 3 months. - Filed Labor (approved. PD Aug 2004 EB3), I140 (applied in May 2007) and I485 (July fiasco)
- I140 still pending
Question:
1. Does L1 period is counted for H1 extention?
[I]H1 term of 6 years includes l1 time and excludes vacation periods
2. Can he do H1 transfer using AC21 without I140 approval?
Not sure what you are looking for. 1 year H1 extension is possible since labor PD is 2004. The extension also allows you to transfer / change employers[I]
As 6 years are going to be expired?
3. What if the old employer revokes his I140 now? His GC process is invalid?
premium processing for 140 is available in some cases - chk the faq on uscis website. If the 140 is withdrawn prior to approval then the PD cannot be ported. If it is revoked after approval then u can retain the PD for any new GC process. 3 year h1 extn is also possible
4. If we leave about GC, Can he do H1 transfer atleast?
Yes based on approved LC + h1 extension.
Note that gc is for a future job offer.
va_labor2002
09-25 03:12 PM
I see no harm in contacting him; but your excitement about Chandrasekharan seems curious to me. When people who have themselves immigrated from India (who now have GC/citizenship) are so indifferent about us, how can you expect a second generation indian journalist to "understand" our problems ? He does not seem to have done any articles on immigration; so there is no objective way for us to say whether he is really sympathetic to us or not.
Remember that even anti-immigration organizations like numbersUSA have lots of members who are immigrants themselves or have immigrant parents.
I totally agree with you. But there is no harm in trying with him.He may be or may not be sympathetic to us.We don't know that ! He sees to be a smart journalist. If he is nice and sympathetic to legal immigrants,you may see a front page article about legal immigrants in Washington Post. Hope for the Best !
Remember that even anti-immigration organizations like numbersUSA have lots of members who are immigrants themselves or have immigrant parents.
I totally agree with you. But there is no harm in trying with him.He may be or may not be sympathetic to us.We don't know that ! He sees to be a smart journalist. If he is nice and sympathetic to legal immigrants,you may see a front page article about legal immigrants in Washington Post. Hope for the Best !
more...
desi3933
03-13 02:48 PM
Thanks. It is employer decision.
I know of cases where, H1b was not cancelled.
Can you please give link to USCIS site stating the rule ?
ALL: Please share your experience in this area.
Incorrect!
I have written on this topic many times before. Employer is required, by law, to inform USCIS about termination of employment (whether voluntary or not) and any changes in employment eligibility.
Read for yourself -
http://www.uscis.gov/files/article/E1eng.pdf
[From the pdf link]
Employers must keep USCIS informed of any firings, termination of employment, or changes in the employee’s eligibility by submitting a letter to the USCIS Service Center that approved the application or petition.
_______________________
Not a legal advice.
US citizen of Indian origin
I know of cases where, H1b was not cancelled.
Can you please give link to USCIS site stating the rule ?
ALL: Please share your experience in this area.
Incorrect!
I have written on this topic many times before. Employer is required, by law, to inform USCIS about termination of employment (whether voluntary or not) and any changes in employment eligibility.
Read for yourself -
http://www.uscis.gov/files/article/E1eng.pdf
[From the pdf link]
Employers must keep USCIS informed of any firings, termination of employment, or changes in the employee’s eligibility by submitting a letter to the USCIS Service Center that approved the application or petition.
_______________________
Not a legal advice.
US citizen of Indian origin
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GCBy3000
04-10 09:03 PM
I cant say anything other than a :) and welcome.
Hi,
I got my H1 in 2004 thru an body shopper. I completed my first three year period. got next 3 yr extension recently. when would be right time to apply GC? what category is suggested EB2/EB3?
How long will it take to clear labour?
Thanks for valuable suggestions
Hi,
I got my H1 in 2004 thru an body shopper. I completed my first three year period. got next 3 yr extension recently. when would be right time to apply GC? what category is suggested EB2/EB3?
How long will it take to clear labour?
Thanks for valuable suggestions
more...
bsbawa10
08-01 04:27 PM
Another gimmick by USCIS. Another way of showing that it is working. Another way to bluff. Another way of wasting our money without actually doing what is needed.
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amdn123
02-05 02:28 PM
Thank you Prasadn.
more...
masti_Gai
11-07 12:45 PM
Mail this letter to your parents...
when they are at POE they can hand over this letter to the immigration officer so that he can be sure that your parents won't be a liability in US
when they are at POE they can hand over this letter to the immigration officer so that he can be sure that your parents won't be a liability in US
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nefrateedi
08-29 12:28 PM
Thank you nefrateedi,
My concurrent filing of I-140 and 485 was filed on August 17th, 2007.
Is it not after July 30?...that you could submit to either to Nebraska or Texas?
Is it ok like this?
Thank you again.
USCIS had issued a Direct Filing Update which stated that if the application was filed after July 30, it would have to be filed at the center which has jurisdiction over the state the applicant lives in, which in your case is Massachusetts.
USCIS has been transfering a lot of applications between the various service centers lately due to the July fiasco. Based on reports from the Ombudsman, USCIS is trying to avoid any unnecessary rejections, and take a more 'customer service' based approach, so hopefully you will be ok, and they'll just transfer the case to the appropriate service center.
I'm not a lawyer by any means, so please use this advice at your own discretion.
Good luck!
My concurrent filing of I-140 and 485 was filed on August 17th, 2007.
Is it not after July 30?...that you could submit to either to Nebraska or Texas?
Is it ok like this?
Thank you again.
USCIS had issued a Direct Filing Update which stated that if the application was filed after July 30, it would have to be filed at the center which has jurisdiction over the state the applicant lives in, which in your case is Massachusetts.
USCIS has been transfering a lot of applications between the various service centers lately due to the July fiasco. Based on reports from the Ombudsman, USCIS is trying to avoid any unnecessary rejections, and take a more 'customer service' based approach, so hopefully you will be ok, and they'll just transfer the case to the appropriate service center.
I'm not a lawyer by any means, so please use this advice at your own discretion.
Good luck!
more...
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jliechty
May 25th, 2005, 06:32 AM
I don't know, but I kind of like this one:
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My only suggestion would be to try it without any foreground details (in other words, as a silhouette). :)
http://www.dphoto.us/forum/attachment.php?attachmentid=1163
My only suggestion would be to try it without any foreground details (in other words, as a silhouette). :)
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wellwishergc
07-13 11:07 AM
just EAD is not enough. EAD is required to maintain status and work; however AP is required if she travels abroad and needs to re-enter.
I hope you do not have to worry about it; maybe her 485 is approved as well.
If she has an EAD she should be fine with the status, if she does not have one, may be u could apply one for her
I hope you do not have to worry about it; maybe her 485 is approved as well.
If she has an EAD she should be fine with the status, if she does not have one, may be u could apply one for her
more...
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sanjay
08-30 12:01 PM
Any one knows , How is my GREEN Light turned to RED ?? Ways to turn back green
because some people might rated you -ve for this post, which serves no purpose, when we have more than enough polls around. Try to refrain from postings if you don't have any constructive info. Its better to refresh page and keep reading others posts.
because some people might rated you -ve for this post, which serves no purpose, when we have more than enough polls around. Try to refrain from postings if you don't have any constructive info. Its better to refresh page and keep reading others posts.
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justin150377
07-01 02:38 PM
Since AILF has already issued a preliminary notice about a class action law suit if USCIS rejects applications under a revised bulletin this is a preliminary poll on how many of us would join the law suit? I for one will join the law suit. Understand that you will have to reveal all details about yourself and application in the lawsuit and those details will be transparent to DOS and USCIS.
more...
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yabadaba
07-17 07:06 PM
http://immigrationvoice.org/index.php?option=com_content&task=view&id=26&Itemid=25#HowToContribute
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eb3_nepa
03-18 04:31 PM
Visit your local INS or USCIS office. They should guide you through the process.
On a lighter note, you will also experience their "hospitality".
On a lighter note, you will also experience their "hospitality".
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GCwaitforever
11-16 02:46 PM
This is my personal opinion. F-1 is strictly non-immigrant VISA. Hence your wife will be out of status once I-485 is filed. So she must convert to dual intent VISA H4 till she gets EAD. Check with an attorney or USCIS if your wife's status is governed by the special protection accorded by US attorney general while she is waiting for EAD. Then it would not be an issue.
gcholder
02-21 01:03 AM
I totally agree with you...recently I moved to CA and it took me close to 2 months before I had 3 offers...I can see it can be frustating, distracting but keep +ve and it will be rewaded.
Recently I got laid off and I worried on how long it would take me to find a job, Here is my situation:-
* I have a green card
* Severance package I received is 7 months
* Skills - MS computer science, 6 years full time experience in financial industry. SQL server 2000, C# (mid level programmer), solid communication skills
* I live in New York, open to find a job in tri state area (or ideally would like to move to bay area)
* I have two kids, Wife is not working
* My salary expectations - 110k+
Any suggestions on how to get motivated ? Every where news is really bad and there are only few openings - what are best ways to explore the opening's ? please let me know your job search experience
Thanks
Recently I got laid off and I worried on how long it would take me to find a job, Here is my situation:-
* I have a green card
* Severance package I received is 7 months
* Skills - MS computer science, 6 years full time experience in financial industry. SQL server 2000, C# (mid level programmer), solid communication skills
* I live in New York, open to find a job in tri state area (or ideally would like to move to bay area)
* I have two kids, Wife is not working
* My salary expectations - 110k+
Any suggestions on how to get motivated ? Every where news is really bad and there are only few openings - what are best ways to explore the opening's ? please let me know your job search experience
Thanks
mytv
08-16 02:09 PM
please do reply .I am waiting.
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