abhisam
07-19 05:54 PM
Hello,
My I-485 application was filed under EB3 category when I was working for my previous employer (PD - October 2006). I changed my job in August 2008, but never sent any documentation for AC21. I now have close to 8 years of experience and also a masters degree (MBA) from a reputed univeristy here in the US.
Now that EB2 dates are so close to October 2006, is there anyway I can port my application from EB3 to EB2? I can initiate this discussion with my current employer and may be able to convince them to help me. But I want to know exactly what needs to be done.
Thanks a lot in advance for your assistance in this matter!
- abhisam
My I-485 application was filed under EB3 category when I was working for my previous employer (PD - October 2006). I changed my job in August 2008, but never sent any documentation for AC21. I now have close to 8 years of experience and also a masters degree (MBA) from a reputed univeristy here in the US.
Now that EB2 dates are so close to October 2006, is there anyway I can port my application from EB3 to EB2? I can initiate this discussion with my current employer and may be able to convince them to help me. But I want to know exactly what needs to be done.
Thanks a lot in advance for your assistance in this matter!
- abhisam
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rtroy
06-08 02:33 PM
Hi,
Now we are also in WI.
Feel free to email ram_manda@yahoo.com
Thanks in Advance.
Now we are also in WI.
Feel free to email ram_manda@yahoo.com
Thanks in Advance.
jonty_11
06-14 03:42 PM
~~~~~~~~~~~~~~
Clues, anyone?
Clues, anyone?
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lacrossegc
12-23 11:33 AM
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=d78fc10011752110VgnVCM1000004718190aRCR D
Our e-Filing System, Case Status Online, Change of Address Online and information about our processing times, field offices and civil surgeon locators are currently unavailable due to technical difficulties.
They will be restored as soon as possible.
We apologize for the inconvenience.
Our e-Filing System, Case Status Online, Change of Address Online and information about our processing times, field offices and civil surgeon locators are currently unavailable due to technical difficulties.
They will be restored as soon as possible.
We apologize for the inconvenience.
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needhelp!
09-21 01:17 PM
Your idea is good. I can participate.
sammas
07-12 03:19 PM
* The expiration date of an approved labor certification depends on when it was approved.
* For labor certifications approved prior to July 16, 2007, the labor certification expires 180 days after July 16, 2007 – that is, January 12, 2008– unless filed prior to its expiration with the Department of Homeland Security in support of a Form I-140 immigrant petition for alien worker.
* Labor certifications approved on or after July 16, 2007, will expire 180 days from their date of issue, unless filed prior to expiration with the Department of Homeland Security in support of a Form I-140 immigrant petition.
Source : PERM Fraud Rules FAQ’s | usavisanow.com. Immigration Law Office of Maritza Diaz, PC. (http://www.usavisanow.com/perm/perm-faq/perm-fraud-rules-faqs/)
Go to the last question
* For labor certifications approved prior to July 16, 2007, the labor certification expires 180 days after July 16, 2007 – that is, January 12, 2008– unless filed prior to its expiration with the Department of Homeland Security in support of a Form I-140 immigrant petition for alien worker.
* Labor certifications approved on or after July 16, 2007, will expire 180 days from their date of issue, unless filed prior to expiration with the Department of Homeland Security in support of a Form I-140 immigrant petition.
Source : PERM Fraud Rules FAQ’s | usavisanow.com. Immigration Law Office of Maritza Diaz, PC. (http://www.usavisanow.com/perm/perm-faq/perm-fraud-rules-faqs/)
Go to the last question
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immi2006
10-09 02:28 PM
Folks make sure the A number is same in both applications, if they are different USCIS puts it aside and will not process, I found out today while getting my address verified with USCIS IO, they had entered my address wrongly.
WHile checking the IO said it was good that my wife's derivate app under me, and her self 485 App A numbers match. Otherwise, they put it in pending state forever.
WHile checking the IO said it was good that my wife's derivate app under me, and her self 485 App A numbers match. Otherwise, they put it in pending state forever.
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Ann Ruben
07-19 07:58 PM
Any significant absence from the US can lead to a finding that one has abandoned permanent resident status. Such determinations are very fact specific. It is a commonly held myth that merely entering the US once a year is sufficient to maintain GC status. If you forsee spending significant time out of the US, you should take steps to protect your GC, such as filing for a re-entry permit. You should also consider maintaining ties to a home in the US.
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carlosCA
02-05 06:20 PM
Hi all,
I am currently working on an L1 visa. Have been in the US for 1.5 years.
A few weeks ago I wanted to change my job. Now I have an offer and the new employer is trying to sort out the visa.
Unfortunately, the H1B visas are gone for this year, and the employer can't wait until October to get me working in their team, so waiting for the new H1 visas is not an option.
After checking with their immigration attorneys, they now say the only option I have is to request an 'O' visa (they will support me).
'O' visas are available for top sportsmen, actors or scientists. The attorneys say I have a good-enough resume to apply for one (masters degree, published some articles and experience in top companies) but I still think the opportunities are not many, since I think my resume is really good but not outstanding enough for this type of visa.
My question is, how careful do I have to be when letting the company attorney to apply for a 'O' on my behalf? And specially, if the visa is denied is that going to impact my current L1 visa? I don't wanna end up with no visa at all! And also, is that going to be a 'bad record' next time I apply for a visa (probably H1)?
What about the positive case? Can I have the 'O' visa during the 2 weeks I will still work in my current company under an L1 (I have to give my company 2 weeks notice before leaving) before moving jobs?
I can't stop thinking the attorneys want the best for the company, that doesn't mean they want the best for me, so I am worried about the possibility they are applying for the visa on my behalf but not minding possible bad consequences for me if the visa is refused.
Thanks so much for your help.
Carlos
I am currently working on an L1 visa. Have been in the US for 1.5 years.
A few weeks ago I wanted to change my job. Now I have an offer and the new employer is trying to sort out the visa.
Unfortunately, the H1B visas are gone for this year, and the employer can't wait until October to get me working in their team, so waiting for the new H1 visas is not an option.
After checking with their immigration attorneys, they now say the only option I have is to request an 'O' visa (they will support me).
'O' visas are available for top sportsmen, actors or scientists. The attorneys say I have a good-enough resume to apply for one (masters degree, published some articles and experience in top companies) but I still think the opportunities are not many, since I think my resume is really good but not outstanding enough for this type of visa.
My question is, how careful do I have to be when letting the company attorney to apply for a 'O' on my behalf? And specially, if the visa is denied is that going to impact my current L1 visa? I don't wanna end up with no visa at all! And also, is that going to be a 'bad record' next time I apply for a visa (probably H1)?
What about the positive case? Can I have the 'O' visa during the 2 weeks I will still work in my current company under an L1 (I have to give my company 2 weeks notice before leaving) before moving jobs?
I can't stop thinking the attorneys want the best for the company, that doesn't mean they want the best for me, so I am worried about the possibility they are applying for the visa on my behalf but not minding possible bad consequences for me if the visa is refused.
Thanks so much for your help.
Carlos
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Aristotle08
06-01 03:58 PM
It is very possible that my question might have already been answered in the past but after searching through many forums, I could not find a direct answer.
Here�s my situation:
Category: EB2
PERM approved.
I 140 approved.
PD � Dec 2007.
H1-B status: 6 yrs expiring Sep 10. Filed for 3 yr extension.
I have an excellent chance of a promotion to a managerial level position. I am seriously considering abandoning my current GC process, accept the managerial position and reapplying for a new H1-B and GC.
Questions:
1. Will I need a new H1-B? If so, for how many years will I get it?
2. When I apply for a new PERM, will PD of Dec 2007 still be valid?
Thanks.
Here�s my situation:
Category: EB2
PERM approved.
I 140 approved.
PD � Dec 2007.
H1-B status: 6 yrs expiring Sep 10. Filed for 3 yr extension.
I have an excellent chance of a promotion to a managerial level position. I am seriously considering abandoning my current GC process, accept the managerial position and reapplying for a new H1-B and GC.
Questions:
1. Will I need a new H1-B? If so, for how many years will I get it?
2. When I apply for a new PERM, will PD of Dec 2007 still be valid?
Thanks.
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desi3933
04-08 07:25 AM
.....
What is my status from Jun 14th to June 25th ? Am I in status because I have a I94 valid till June 24th or will I be out of status for those 10 days ?
Can I work and have my payroll run for hose 10 days (June 15th to June 24th).....
Many times I-94 is issued for I-797 end date + 10 calendar days. These 10 additional days are given person can wrap up things, but he/she is not allowed to work for these 10 days. That's reason for I-94 date of June 24th, even though I-797 authorization ends on June 14th.
Your attorney should have asked for extension starting with June 15th, since old I-797 work authorization expires on June 14th, 2010.
Now, you are in status, but can not work from June 15th until June 24th. That could be leave without any pay.
__________________
Not a legal advice.
What is my status from Jun 14th to June 25th ? Am I in status because I have a I94 valid till June 24th or will I be out of status for those 10 days ?
Can I work and have my payroll run for hose 10 days (June 15th to June 24th).....
Many times I-94 is issued for I-797 end date + 10 calendar days. These 10 additional days are given person can wrap up things, but he/she is not allowed to work for these 10 days. That's reason for I-94 date of June 24th, even though I-797 authorization ends on June 14th.
Your attorney should have asked for extension starting with June 15th, since old I-797 work authorization expires on June 14th, 2010.
Now, you are in status, but can not work from June 15th until June 24th. That could be leave without any pay.
__________________
Not a legal advice.
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SKK2004
08-22 10:45 AM
PD Aug 2004, EB-2 India
I-140/I-485 applied in August 2007 at TSC (non-concurrent)
I-140 approval in March 2008
Spouse 485/AP/EAD applied August 2008 (received receipt notices)
Self EAD applied August 2008 (received receipt notices)
Till date I have not received my FP notice. I applied for my EAD (even though I am not planning on using it) hoping to jump start my pending 485 and get the things rolling for FP and processing of 485. Surprisingly, I got my EAD approval email on Aug 17th and I received my EAD card in the mail yesterday. It is valid for 2 years. It says finger prints not available. No change in the pending 485 status.
I am totally perplexed about receiving the EAD without FP and so is my attorney. Can someone give me an idea of what is going on? Any input is appreciated! Thanks much!
I-140/I-485 applied in August 2007 at TSC (non-concurrent)
I-140 approval in March 2008
Spouse 485/AP/EAD applied August 2008 (received receipt notices)
Self EAD applied August 2008 (received receipt notices)
Till date I have not received my FP notice. I applied for my EAD (even though I am not planning on using it) hoping to jump start my pending 485 and get the things rolling for FP and processing of 485. Surprisingly, I got my EAD approval email on Aug 17th and I received my EAD card in the mail yesterday. It is valid for 2 years. It says finger prints not available. No change in the pending 485 status.
I am totally perplexed about receiving the EAD without FP and so is my attorney. Can someone give me an idea of what is going on? Any input is appreciated! Thanks much!
more...
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conchshell
06-30 12:20 PM
I have not heard any schedule for these bills. There was a hearing last week, but I couldn't find the outcome of the full hearing. May be someone from IV Core can tell us what is scheduled for the coming days.
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reachinus
09-26 01:59 PM
your old 140 will still be valid even if the new one is deneid and as long its not withdrawn or revoked by USCIS. You should be able to get 3 yrs H1 based on your approved 140. Hope this helps.
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Saralayar
08-11 03:06 PM
oh, i signed for my daughter aged 16
USCIS instruction say that if they can sign, they can sign the forms. Otherwise, you can sign and include signed by father or mother in front of the signature.
USCIS instruction say that if they can sign, they can sign the forms. Otherwise, you can sign and include signed by father or mother in front of the signature.
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prabakarkn
05-27 12:07 AM
Your correct.
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BumbleBee
08-02 05:02 PM
Hi,
Sorry if I posted in the wrong forum,
I recently changed job. My H1 transfer is not complete yet. Now I have received a very good offer from a different company. Can I transfer my H1 to this company now?
Thanks
Yes, you can transfer to any employer and any number of times. At one point, I had 3 approved H1b, but as rule says, I could work only for one at a time :)
All the H1B's are valid till employer revokes it or it expires on its own.
The only danger I see in your case is continuous H1 status. If your current employerB goes ahead and cancels H1 petition, you would have worked illegally for the period of time you were with employerB. That can cause problem in your employerC h1 filling and/or future I-485 filling.
Even if employeeB cancels your petition but employerA hasn't cancel your h1 and it has not expired, then you will not be considered out of status, but you will be considered the one who have worked 'illegally'. This situation might give you h1 approval with employerC, but will have implications in 485 application.
Its better to wait till you get approval notice for employerB and then switch to employerC based on employerB's approval notice.
my 2 cents...
BumbleBee
BumbleBee
Sorry if I posted in the wrong forum,
I recently changed job. My H1 transfer is not complete yet. Now I have received a very good offer from a different company. Can I transfer my H1 to this company now?
Thanks
Yes, you can transfer to any employer and any number of times. At one point, I had 3 approved H1b, but as rule says, I could work only for one at a time :)
All the H1B's are valid till employer revokes it or it expires on its own.
The only danger I see in your case is continuous H1 status. If your current employerB goes ahead and cancels H1 petition, you would have worked illegally for the period of time you were with employerB. That can cause problem in your employerC h1 filling and/or future I-485 filling.
Even if employeeB cancels your petition but employerA hasn't cancel your h1 and it has not expired, then you will not be considered out of status, but you will be considered the one who have worked 'illegally'. This situation might give you h1 approval with employerC, but will have implications in 485 application.
Its better to wait till you get approval notice for employerB and then switch to employerC based on employerB's approval notice.
my 2 cents...
BumbleBee
BumbleBee
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03-08 09:38 PM
I just finished my website, you can check it out here (http://www.allourstuff.com/crazdesigns).
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miguy
06-15 12:17 PM
anyone??
jcrajput
05-11 12:52 PM
Can anyone please help?
Thx
Thx
vishwasc
10-03 01:41 AM
Hi,
I received an RFE for my Birth Certificate as the Originals were not available as it was submitted to the school during admissions and when i spoke to them they said that we cannot issue you the original certificate. So i went to my native and requested the Municipal to issue me a BC and they agreed and issued me a copy with all the details but the certificate was dated March 2009 as the issuing date which was not accepted by the USCIS and they sent me a RFE for my birth certificate.
I have read the posts on this forum but none of them relates to my issue. I have a duplicate copy issued by the Municipal Authority which contains the seal and signature of the authorized gazetted officer. This is the same certificate which was submitted to the embassy and based on which i received my K1 Visa. What should i do? Please this is very very urgent as i have to submit the RFE by end of this month. Can i just submit a letter with 2 affidavit's from my family explaining to them that in India you don't receive birt certificate back from school or the graduation certificates do not contain your parents name and place of birth.
what is my best way to tackle this Rfe?
:confused:
I received an RFE for my Birth Certificate as the Originals were not available as it was submitted to the school during admissions and when i spoke to them they said that we cannot issue you the original certificate. So i went to my native and requested the Municipal to issue me a BC and they agreed and issued me a copy with all the details but the certificate was dated March 2009 as the issuing date which was not accepted by the USCIS and they sent me a RFE for my birth certificate.
I have read the posts on this forum but none of them relates to my issue. I have a duplicate copy issued by the Municipal Authority which contains the seal and signature of the authorized gazetted officer. This is the same certificate which was submitted to the embassy and based on which i received my K1 Visa. What should i do? Please this is very very urgent as i have to submit the RFE by end of this month. Can i just submit a letter with 2 affidavit's from my family explaining to them that in India you don't receive birt certificate back from school or the graduation certificates do not contain your parents name and place of birth.
what is my best way to tackle this Rfe?
:confused:
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