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potrero
04-30 08:31 PM
I am not sure if this question being answered in this forum.
Need experties if any one have this situation.
Employer: X (Old Employer)
Labor - EB2
PD - Sept , 2006
I-140 Approved
Employer : Y (Current)
Labor : EB3
PD : May 9 2003I
1-140 Approved
I-485 : Pending
Q : Is it possible to change/port category EB3 - EB2 and keeping the EB3 Date of 2003
Q : How is the apeal done considering I-485 is already filled.
My Attorney says better to file fresh EB2 with current company.
Please reply with your experties or if being deal with this one.
-Thanks
Potrero
Need experties if any one have this situation.
Employer: X (Old Employer)
Labor - EB2
PD - Sept , 2006
I-140 Approved
Employer : Y (Current)
Labor : EB3
PD : May 9 2003I
1-140 Approved
I-485 : Pending
Q : Is it possible to change/port category EB3 - EB2 and keeping the EB3 Date of 2003
Q : How is the apeal done considering I-485 is already filled.
My Attorney says better to file fresh EB2 with current company.
Please reply with your experties or if being deal with this one.
-Thanks
Potrero
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Desertfox
08-14 12:45 PM
I gave you a green..:)
psaxena
05-11 04:15 PM
Guys,
Read till the end....
I know with this thread I'll get 100000 red dots, but anyways never mind...
I see the immigration portal when the process on my other machine is running and I have nothing else to do. But thats irrelevant on why and what I do.
The point is , I see everyone coming up with 100000 different ideas, and then there is a never ending thread of debates on should we do it or do not. pros and cons, blah blah blah. Debates are good , as it results the best of both parties views. But I see a trend here which is , the discussion happens and then the idea goes down the flush. I never see,
kinda list or something like that, which says these were the action items selected by the IV team and this is the status of the same. Seems to me everyone comes up with something and discuss and they forget about it.
I think a bit of Project management is required to be in place. also a workflow with the option to introduce the idea then debate and a voting and once thats done , if idea is selected it should move on to action item category else if the idea is in the process of debate the list should show as the status 'Pending in Process'.
At the end of the day , at a glance everyone will have the visibility of, where do we stand with all the ideas and how far are we with selected ideas as action item and results of it.
Well I think this is also an idea and will now subject to debate and then lets see if it goes off the flush or some workflow and new menu items appear on the IV.
Nothing negative , but the IV members and views are to scattered, specially with the lack of ownership and leadership its like headless chicken running is all directions, and I totally understand the admin of this group and website are also guys like us , who got jobs and family and tons of different things to do, but now I think there is a need to revisit and see how the division of the labor can be done and responsibilities are assigned so that not just a few guys gets the pressure of getting the things done, but a joint responsibility like an organization( not just a word but in real sense) gets the mission accomplished.
Well the processing is complete I'll get back to my other screen now..
PS: No intentions to hurt or demoralize anyone or any effort. Just thought a little enforcement and leadership is required so thought of mentioning it. ( My english is not so great so please pardon me)
<B>The same thread was posted with a different heading on the forum with the heading " Status Update on Action Items"</B> . I was trying to do the analysis on what kind of readers does this portal has. The readers who really wanna do something or just timepass.
And if you are reading this and skipped reading the other one, you are one those thousand who do not wanna do anything but just sit and timepass and when get frustated, open a thread and vent out frustation with some idea.
The reason behind this conclusion is because, if you want to see a difference and to see where are you heading to in terms of what is done and what is to be done, you would have open the other thread. Makes sense?
__________________
Thanks
Live well do good
Read till the end....
I know with this thread I'll get 100000 red dots, but anyways never mind...
I see the immigration portal when the process on my other machine is running and I have nothing else to do. But thats irrelevant on why and what I do.
The point is , I see everyone coming up with 100000 different ideas, and then there is a never ending thread of debates on should we do it or do not. pros and cons, blah blah blah. Debates are good , as it results the best of both parties views. But I see a trend here which is , the discussion happens and then the idea goes down the flush. I never see,
kinda list or something like that, which says these were the action items selected by the IV team and this is the status of the same. Seems to me everyone comes up with something and discuss and they forget about it.
I think a bit of Project management is required to be in place. also a workflow with the option to introduce the idea then debate and a voting and once thats done , if idea is selected it should move on to action item category else if the idea is in the process of debate the list should show as the status 'Pending in Process'.
At the end of the day , at a glance everyone will have the visibility of, where do we stand with all the ideas and how far are we with selected ideas as action item and results of it.
Well I think this is also an idea and will now subject to debate and then lets see if it goes off the flush or some workflow and new menu items appear on the IV.
Nothing negative , but the IV members and views are to scattered, specially with the lack of ownership and leadership its like headless chicken running is all directions, and I totally understand the admin of this group and website are also guys like us , who got jobs and family and tons of different things to do, but now I think there is a need to revisit and see how the division of the labor can be done and responsibilities are assigned so that not just a few guys gets the pressure of getting the things done, but a joint responsibility like an organization( not just a word but in real sense) gets the mission accomplished.
Well the processing is complete I'll get back to my other screen now..
PS: No intentions to hurt or demoralize anyone or any effort. Just thought a little enforcement and leadership is required so thought of mentioning it. ( My english is not so great so please pardon me)
<B>The same thread was posted with a different heading on the forum with the heading " Status Update on Action Items"</B> . I was trying to do the analysis on what kind of readers does this portal has. The readers who really wanna do something or just timepass.
And if you are reading this and skipped reading the other one, you are one those thousand who do not wanna do anything but just sit and timepass and when get frustated, open a thread and vent out frustation with some idea.
The reason behind this conclusion is because, if you want to see a difference and to see where are you heading to in terms of what is done and what is to be done, you would have open the other thread. Makes sense?
__________________
Thanks
Live well do good
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senk1s
09-28 03:07 PM
so it looks like TSC is getting help from CSC ....
But nothing about apps being transferred from nsc to csc
But nothing about apps being transferred from nsc to csc
more...
glus
12-29 09:54 AM
I believe change of status pending works the same way as extension applications when pending - one can continue to stay in the country post I-94 expiration as long as the change of status application has been filed prior to I-94 expiration - so the time spent after I-94 expiration does not count as out of status. Now if the change of status application is denied and the decision comes after I-94 has expired - I believe you have 30 days to leave the country - USCIS would send a notice stating the same as well and in that case one should leave the country as early as possible - within 30 days of such intimation.
I would still advise you to get an opinion from an immigration attorney to be sure that this is the way it works.
Yes, this is correct.
I would still advise you to get an opinion from an immigration attorney to be sure that this is the way it works.
Yes, this is correct.
Devils_Advocate
03-20 05:29 PM
However, EAWA does not apply to H-1B petitions seeking to change the status of a beneficiary already working for the employer in another work-authorised category. It also does not apply to H-1B petitions seeking an extension of stay for a current employee with the same employer.
This actually clears alot of doubts people had regarding the whole extension/COS question.
This actually clears alot of doubts people had regarding the whole extension/COS question.
more...
Googler
02-20 07:28 PM
As per this post http://immigrationvoice.org/forum/showthread.php?t=17450
EB-1 ROW is under-subscribed, I wonder if this is a sign that top talent is getting harder to recruit from overseas.
If that is the case, we can all think of a few reasons why that might be.
I don't have the stats right in front of me, but it is my impression that except for a few odd years (FY06 comes to mind), EB-1 did not max out its numbers. Using EB-1 for L-1 executives is a relatively new idea.
EB-1 ROW is under-subscribed, I wonder if this is a sign that top talent is getting harder to recruit from overseas.
If that is the case, we can all think of a few reasons why that might be.
I don't have the stats right in front of me, but it is my impression that except for a few odd years (FY06 comes to mind), EB-1 did not max out its numbers. Using EB-1 for L-1 executives is a relatively new idea.
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myimmiv
12-17 02:06 PM
My wife will be coming back in April 2nd week through Denver. CO POE. Her AP is valid until June 3rd week.
My question is that is 2 months of AP validity / cushion enough or safe to enter the US.
Any experiences from forum members about using their AP when there is 2 months or less left in the expiry of the AP document and they entered the US. Did anyone have any bad experience at POE due to near expiry of the AP. Members entered through Denver, CO POE with their experiences would be an added help.
Also, will she get a 1 year I-94 validity from the date of entry or only until her AP expires?
Thanks in advance for all your time.
My question is that is 2 months of AP validity / cushion enough or safe to enter the US.
Any experiences from forum members about using their AP when there is 2 months or less left in the expiry of the AP document and they entered the US. Did anyone have any bad experience at POE due to near expiry of the AP. Members entered through Denver, CO POE with their experiences would be an added help.
Also, will she get a 1 year I-94 validity from the date of entry or only until her AP expires?
Thanks in advance for all your time.
more...
Blog Feeds
11-11 09:30 AM
Dobbs joining Fox Business Channel.
More... (http://blogs.ilw.com/gregsiskind/2010/11/hes-baaaaaack.html)
More... (http://blogs.ilw.com/gregsiskind/2010/11/hes-baaaaaack.html)
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eastindia
05-03 02:39 PM
Who asked for a combined AP and EAD?
What help will it offer really?
It would have been better to ask for a 5 year EAD. But some person would have posted asking for a combined document?
What will we really do with a 2 in 1 document????
What help will it offer really?
It would have been better to ask for a 5 year EAD. But some person would have posted asking for a combined document?
What will we really do with a 2 in 1 document????
more...
kris04
08-18 06:17 PM
:confused:Hi all,
I have a situation,
I joined employer A and substituted labor with 2004 priority date. And it has been approved already, my understanding is labor substitution is nothing but filing I 140 but with some one else labor.
My current situation is, I got a perm job and have approached company attorney and she saying / asking, since this is labor substitution case, so, I need to have letter from employer �A� saying that labor used for me was initially filed for person X and he later left the company. Hence that has been used for me.
This is required to prove that there is no fraud happened while filing my case.
As you all know, in this current situation, I can not go back and ask employer �A� about that letter.
Any suggestions etc please provide.
Just to remember
REQUEST A SET OF COPIES WHEN EVER ATTORNEY FILING / FOLLOW UP ANY RFE etc FOR YOU. IRRESPECTIVE WHETHER YOU PAY OR COMPLANY PAYS GC FEES
Thanks,
Are you trying to port your job and join the potential new employer using EAD or transfer H1B visa?, I am surprised an immigration attorney is asking for such letter, labor substitution is/was always done in good faith in most cases, but there is no way to prove a fraud is involved unless the labor was filed using a non-existent person( if you remember the convicted guy Nick Mandelapa which ultimately lead to closing the abuse of labor substitution).Even if your previous employer is ethical and acted in good faith while doing labor substitution, giving such undertaking is far reaching and not required, for one reason labor certification legally belongs to your employer and not to the underlying employee, so getting such letter is a merely a chance. I guess in your case you've disclosed too many information about you past legal route causing concern for the new employer to hire you. Try to talk to HR and see that you're responsible for maintaining the employment authorization, but if you're taking H1B transfer just confine to H1B transfer, hire your own separate attorney to manage your I 485, as it belongs to you.
Good Luck
HTH
kris
My Profile
----------
GC approved in Aug 2008 without RFE, used AC 21 once, worked for my sponsor for 4 year, including 3 years after filing I 485, notified USCIS promptly when I ported my Job(confident that my new job profile and previous one are the same)
I have a situation,
I joined employer A and substituted labor with 2004 priority date. And it has been approved already, my understanding is labor substitution is nothing but filing I 140 but with some one else labor.
My current situation is, I got a perm job and have approached company attorney and she saying / asking, since this is labor substitution case, so, I need to have letter from employer �A� saying that labor used for me was initially filed for person X and he later left the company. Hence that has been used for me.
This is required to prove that there is no fraud happened while filing my case.
As you all know, in this current situation, I can not go back and ask employer �A� about that letter.
Any suggestions etc please provide.
Just to remember
REQUEST A SET OF COPIES WHEN EVER ATTORNEY FILING / FOLLOW UP ANY RFE etc FOR YOU. IRRESPECTIVE WHETHER YOU PAY OR COMPLANY PAYS GC FEES
Thanks,
Are you trying to port your job and join the potential new employer using EAD or transfer H1B visa?, I am surprised an immigration attorney is asking for such letter, labor substitution is/was always done in good faith in most cases, but there is no way to prove a fraud is involved unless the labor was filed using a non-existent person( if you remember the convicted guy Nick Mandelapa which ultimately lead to closing the abuse of labor substitution).Even if your previous employer is ethical and acted in good faith while doing labor substitution, giving such undertaking is far reaching and not required, for one reason labor certification legally belongs to your employer and not to the underlying employee, so getting such letter is a merely a chance. I guess in your case you've disclosed too many information about you past legal route causing concern for the new employer to hire you. Try to talk to HR and see that you're responsible for maintaining the employment authorization, but if you're taking H1B transfer just confine to H1B transfer, hire your own separate attorney to manage your I 485, as it belongs to you.
Good Luck
HTH
kris
My Profile
----------
GC approved in Aug 2008 without RFE, used AC 21 once, worked for my sponsor for 4 year, including 3 years after filing I 485, notified USCIS promptly when I ported my Job(confident that my new job profile and previous one are the same)
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waitin_toolong
11-19 09:36 AM
as long as the I-797 is current the expired stamp does not matter but do send a copy of it.
You dont have to renew EAD if she is not working and save $340. Her next EAD (whenever she applies) will be a new Application.
But do remember it always takes time to obtain an EAD so if she needs it any time in future she will have to wait so be very sure about not working. EAD is not a proof of legal status only an authorization toi work so you dont need it if you dont plan to work.
As for AP, unless you dont plan to travel even for emergency reasons of have valid H1 stamped or can get it stamped you dont need it.
For wife make sure her travel is not in between applications. She should travel with an approved AP and apply for renewal and wait for it to be approved before she departs the country.
You dont have to renew EAD if she is not working and save $340. Her next EAD (whenever she applies) will be a new Application.
But do remember it always takes time to obtain an EAD so if she needs it any time in future she will have to wait so be very sure about not working. EAD is not a proof of legal status only an authorization toi work so you dont need it if you dont plan to work.
As for AP, unless you dont plan to travel even for emergency reasons of have valid H1 stamped or can get it stamped you dont need it.
For wife make sure her travel is not in between applications. She should travel with an approved AP and apply for renewal and wait for it to be approved before she departs the country.
more...
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prem_goel
08-16 07:03 PM
Don't worry Matt_Peru, if you have a fedex confirmation that USCIS has received it then you are good to go. USCIS these days is pushing the H-1b transfer/extension petitions to its extreme. Be prepared to expect a reply from USCIS only near to the 14th/15th day deadline for your petition. It'll take them approximately 2 weeks just to acknowledge your petition, and then your 15 day premium processing timeline will begin. Further, they might issue you a RFE on the 14th day after that. When you reply to the RFE petition, they'll give you a decision only after 14 days or so, not before that.
Gone are the days when PP H1b petitions used to be processed accurately in a weeks' time. Now even though you'll send the petition by overnight fedex, its upto USCIS's discretion to acknowledge whenever they'd like, and then the premium processing timeline will start.
I don't mean to discourage you here, but just to let you know of the ground realities as I recently faced with my own PP petition. People using regular processing are even more poorer with the total processing timeframe(including RFE) nearing about 4-5 months. In your case, if you were to get an RFE it'll be 3 months or so, if you don't it'll be about a month or so.
Gone are the days when PP H1b petitions used to be processed accurately in a weeks' time. Now even though you'll send the petition by overnight fedex, its upto USCIS's discretion to acknowledge whenever they'd like, and then the premium processing timeline will start.
I don't mean to discourage you here, but just to let you know of the ground realities as I recently faced with my own PP petition. People using regular processing are even more poorer with the total processing timeframe(including RFE) nearing about 4-5 months. In your case, if you were to get an RFE it'll be 3 months or so, if you don't it'll be about a month or so.
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eagerr2i
07-20 01:38 PM
Atleast that is one thing good in California. May be because we pay the highest state taxes in the nation next to NY. If you are living in the border areas. check with IL or IN about their feee schedule and explore if she could enroll in one of the colleges there. Most of the states in midwest grant instate tution to residents of neighbouring states who are in the neighbourhood counties. I know for sure that Indiana does. They also charge instate tution for spouses since you are a resident of the state.
The law states that you will be charged instate tution if you are a resident of the state by virtue of living in the state except in cases where you come to the state to get education. Check it again for Michigan and expore the neighbouring states as well. Best of luck.
The law states that you will be charged instate tution if you are a resident of the state by virtue of living in the state except in cases where you come to the state to get education. Check it again for Michigan and expore the neighbouring states as well. Best of luck.
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gauravsh
05-04 01:23 PM
:) when you are in India, you are NOT on H1B status.
So there is nothing to stop you to work from home in India, for 5 months or 5 years :)
The paystubs during this period is also irrelevant to USCIS regarding proof of maintaining H1 status, since you were NOT. What they care at your re-entry in H1B will be existence of valid employment in USA at that time, and proof regarding this.
So you can apply for H1 extension, get it approved, go to India, work from there for any length, return to USA based on your H1B (it has to be valid when you return, plus you may need a valid visa stamp in your passport). There are no issues.
But be careful if you have a pending 485 petition. Long stays outside of USA can be interpreted as lack of immigration intent. You better have a good explanation if you stay outside of USA for lengthier periods, with 485 pending.
Thank you sir!!
So there is nothing to stop you to work from home in India, for 5 months or 5 years :)
The paystubs during this period is also irrelevant to USCIS regarding proof of maintaining H1 status, since you were NOT. What they care at your re-entry in H1B will be existence of valid employment in USA at that time, and proof regarding this.
So you can apply for H1 extension, get it approved, go to India, work from there for any length, return to USA based on your H1B (it has to be valid when you return, plus you may need a valid visa stamp in your passport). There are no issues.
But be careful if you have a pending 485 petition. Long stays outside of USA can be interpreted as lack of immigration intent. You better have a good explanation if you stay outside of USA for lengthier periods, with 485 pending.
Thank you sir!!
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RRG
07-11 05:46 PM
Now that we have the people aware through Flowers, we can go for the big kill.
Advertize in Newspapers in D.C., State capitals or National newspapers
We can contribute ti IV and IV can advertize.
Half page ad with facts, events and Rep. Lofgren letter.
Nothing works better than mass media awareness
What do you think IV?
Advertize in Newspapers in D.C., State capitals or National newspapers
We can contribute ti IV and IV can advertize.
Half page ad with facts, events and Rep. Lofgren letter.
Nothing works better than mass media awareness
What do you think IV?
more...
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jonty_11
05-22 10:45 AM
I would nt think that our lobby firms opinion would be made public....it may be dterimental to our cause, as anti-immigrant groups may use that information to their advantage.
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piyu7444
07-22 05:28 PM
Even if you use AP to re-enter, instead of a H1 visa, you may still be able to maintain your H1 status, provided you continue working for the same employer.
Hope this helps!
I probably know this works the way you have stated but do we have any references to legal document? rule? etc......
Scneario - "Alien'' working on h1b for US corp., AOS is pending approval, Alien applies for AP and gets it. Alien travels to home country and enters US on AP but still want to use valid h1b. h1b petition is approved till 2011 although visa stamp had expired in 08.
Now what does this ''alien'' (me) needs to do to continue working LEGALLY using h1b after entering on AP.
Hope this helps!
I probably know this works the way you have stated but do we have any references to legal document? rule? etc......
Scneario - "Alien'' working on h1b for US corp., AOS is pending approval, Alien applies for AP and gets it. Alien travels to home country and enters US on AP but still want to use valid h1b. h1b petition is approved till 2011 although visa stamp had expired in 08.
Now what does this ''alien'' (me) needs to do to continue working LEGALLY using h1b after entering on AP.
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neoneo
10-29 06:13 PM
Here's a good chance to attach the legal immigration amendment. This is all for legality of employment. Any clue on activity on this front ?
vnsriv
09-06 01:33 PM
Dear All,
I just received a FP notice for my wife scheduled for Sep 19, 2007. I have not received mine yet (I am the primary applicant), I have a few questions regarding this. Please help me if you have any information.
1. Is it normal for the primary applicant to not receive FP notice at the same time as dependent?
2. Can my wife get it done without me getting an FP notice?
3. Can I get my FP done on the same day as my wife even though I did not receive my FP notice?
4. I have filed for I-485, EAD and AP, will we both receive an FP notice for all 3 applications or it is just one FP for all applications?
Please help us with your expertise. Thank you very much for all your time.
Guys, please spend some time on forum before posting questions. There are various similar posts that will answer your query. I will briefly answer your queries
1. There are many case like this
2. Your wife's case will be processed independently. Her FP is independent of you.
3. No.
4. You will get one FP notice.
I just received a FP notice for my wife scheduled for Sep 19, 2007. I have not received mine yet (I am the primary applicant), I have a few questions regarding this. Please help me if you have any information.
1. Is it normal for the primary applicant to not receive FP notice at the same time as dependent?
2. Can my wife get it done without me getting an FP notice?
3. Can I get my FP done on the same day as my wife even though I did not receive my FP notice?
4. I have filed for I-485, EAD and AP, will we both receive an FP notice for all 3 applications or it is just one FP for all applications?
Please help us with your expertise. Thank you very much for all your time.
Guys, please spend some time on forum before posting questions. There are various similar posts that will answer your query. I will briefly answer your queries
1. There are many case like this
2. Your wife's case will be processed independently. Her FP is independent of you.
3. No.
4. You will get one FP notice.
sathishav
02-25 10:48 AM
It is a bad idea. It will allow people to misuse it. Once they are pre-approved they may not care about staying in status. They will not change jobs in their area of work. You may find an engineer doing some other profession. How will something like this help USA. We should stop seeing everything from - How it will help me. See how it will help USA to make good suggestions USCIS will listen.
That's a good point. Never thought about that.
That's a good point. Never thought about that.
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