gtg506p
03-09 09:56 AM
Thanks. Could you tell me more details if possible through a PM? I applied last year. During that month PD had gone from 2004 to 2003 to 2000 to U and then back to 2003. My PD was March 15 2004. Yes I could have waited for PD to become current and of course I would have preferred EAD for my wife. But you know as well as I do how the PD movement is. There is no way to tell what the PD will be next month. Knowing how these consultancies work we had investigated a lot. We talked to couple of people who had worked for him and they recommended him. They said they haldnt got any trouble from him. So we went ahead. I agree it was a mistake. But anyway whats done is done. Now just looking ahead.
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immi_enthu
10-01 04:58 PM
I doubt that all the pending applicants in EB categories will be forced to re-apply in the new point based systems. That system might be for the new applicants, There might very well be a recapture for all the lost visa so far...to get thru the pending applications quickly so that the new point based system would be in place...I highly doubt that all the pending applicants will be forced to apply in the point based system...I would like to get input from others as well
Going by the fact about what happened to the labor certification cases filed before April 2005 (They were sent to BECs and most of them were stuck there till December 2007). But the labor certifications by the new PERM system where approved within weeks. I am afraid same would happen if the new point system comes into place while the old GCs will be stuck until several years.
Ofcourse most of them will apply again through the new system if this happens. In a way forced to apply again in the new system.
Going by the fact about what happened to the labor certification cases filed before April 2005 (They were sent to BECs and most of them were stuck there till December 2007). But the labor certifications by the new PERM system where approved within weeks. I am afraid same would happen if the new point system comes into place while the old GCs will be stuck until several years.
Ofcourse most of them will apply again through the new system if this happens. In a way forced to apply again in the new system.
morchu
04-28 03:39 PM
:) if an RFE was issued, that means some of the evidences submitted are not enough to prove that the I-140 is "approvable". I dont want to argue, but "approvable" is the exact term used by USCIS.
what if there is an rfe on the 140 when the case is not approved (but is approvable) and the employee has already quit? wont the 140 sponsor have to respond saying that employee nada exists? so, even though "approvabe" may be the right legalese, isnt "approved" more practical and relevant for us as beneficiaries.
what if there is an rfe on the 140 when the case is not approved (but is approvable) and the employee has already quit? wont the 140 sponsor have to respond saying that employee nada exists? so, even though "approvabe" may be the right legalese, isnt "approved" more practical and relevant for us as beneficiaries.
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continuedProgress
01-15 10:01 AM
Employment contract/non-compete is the place to look. Now, if you haven't signed any employment contract with your employer (that says otherwise)- you are good to make that change.
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BeCoolGuy
04-02 03:05 PM
Oh well, here you go:
http://murthyforum.atinfopop.com/4/OpenTopic?a=tpc&s=1024039761&f=4234032861&m=4651055651
This is the process u may follow -
1) Hope DOL/USCIS does not know this.
2) over the long run - File WH4 form at DOL. Or else they may revoke your I-140 even after approval. That will help you save your status incase DOL comes after. Very important to do, Form will collect many scary details about you (H-1B Nonimmigrant Information), but it is necessary for you to be safe.
3) Using the fact that you filed WH4, you can switch employers, without paystubs.
4) Follow up hard with employer. He should know that this is not legal.
Keep us posted.
Goodluck
http://murthyforum.atinfopop.com/4/OpenTopic?a=tpc&s=1024039761&f=4234032861&m=4651055651
This is the process u may follow -
1) Hope DOL/USCIS does not know this.
2) over the long run - File WH4 form at DOL. Or else they may revoke your I-140 even after approval. That will help you save your status incase DOL comes after. Very important to do, Form will collect many scary details about you (H-1B Nonimmigrant Information), but it is necessary for you to be safe.
3) Using the fact that you filed WH4, you can switch employers, without paystubs.
4) Follow up hard with employer. He should know that this is not legal.
Keep us posted.
Goodluck
Sooria
10-28 01:16 PM
Guys
I'm facing a similar situation. I got the receipt from them on July 23rd but yet to receive any decision(non premium), my previous visa expires on Nov 5th. I know I could continue to work as long as I have the receipt but my DL expires next week as well. I urged my HR to do a premium processing now but he states that it's more likely to get a RFE for the premium processing which will make the process even slower and also claims that both the regular and premium processing is done by the same center (Is this true). He says that my original decision would anyways be here by mid November, so not to worry. I also have travel plans by during the Christmas holidays so getting a bit anxious with the whole thing. Is it normal to go over 3 months for a decision for a regular process? (California processing center's avg time is 2.7 months) Is it beneficial to do a premium processing now? I would appreciate a reply.
I'm facing a similar situation. I got the receipt from them on July 23rd but yet to receive any decision(non premium), my previous visa expires on Nov 5th. I know I could continue to work as long as I have the receipt but my DL expires next week as well. I urged my HR to do a premium processing now but he states that it's more likely to get a RFE for the premium processing which will make the process even slower and also claims that both the regular and premium processing is done by the same center (Is this true). He says that my original decision would anyways be here by mid November, so not to worry. I also have travel plans by during the Christmas holidays so getting a bit anxious with the whole thing. Is it normal to go over 3 months for a decision for a regular process? (California processing center's avg time is 2.7 months) Is it beneficial to do a premium processing now? I would appreciate a reply.
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boom
10-01 07:16 PM
Would appreciate if some one can guide me in this situation.
Filed 485 on 11th aug but as fedex packet was not traceable I had to file again on 16th of August.
Now I received the receipts for the one which was filed first time.
How do I stop the 2nd application.What will happen If I do a stop payment on the 2nd one.
Will it affect my GC processing fot the application filed first time.
What is the best option I have without getting into some issue.
Filed 485 on 11th aug but as fedex packet was not traceable I had to file again on 16th of August.
Now I received the receipts for the one which was filed first time.
How do I stop the 2nd application.What will happen If I do a stop payment on the 2nd one.
Will it affect my GC processing fot the application filed first time.
What is the best option I have without getting into some issue.
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saibabu_d
06-17 11:16 PM
USCIS has a list of diseases they check for on their website, and herpes is not one of them. If it is, more than 10% of the people applying for GC will be rejected. So, you are fine.
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hpandey
01-08 01:29 PM
my spouse did not change her last name. Its not required in America. Even the bank accounts are different.
My spouse also did not change her last name. Believe me getting the name changed on all of the things you have mentioned is one big hassle and is not worth it and with all the documentation that keeps floating around in the system endlessly now a days it is better to keep the same name.
My spouse also did not change her last name. Believe me getting the name changed on all of the things you have mentioned is one big hassle and is not worth it and with all the documentation that keeps floating around in the system endlessly now a days it is better to keep the same name.
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thomachan72
11-06 05:02 PM
#1 - If a suitable USC, LPR responds your PERM advert then you can not move forward with PERM labor processing. When the job market is good, number of people responding to the advert will low, so it increases the chances for you.
#2 & 3 - You can have N number of employers file the PERM labor for you, it is a future job - you do not have to join them unti the green card is approved.
#4 - As long is your labor is pendingfor more than 365 days, you can extend your H1B by 1 year until it is approved or declined.
#5 - First, only your employer can file a 140 petition on behalf of you. Second, You can not use employer X's labor to file 140 with employer Y. Third, Once your 140 is approved, the PD is yours keep and port as long as it not revoked or withdrawn before you opt for porting.
In your case since H1b ends sept 2011, you have to apply perm atleast by august 2010.
#2 & 3 - You can have N number of employers file the PERM labor for you, it is a future job - you do not have to join them unti the green card is approved.
#4 - As long is your labor is pendingfor more than 365 days, you can extend your H1B by 1 year until it is approved or declined.
#5 - First, only your employer can file a 140 petition on behalf of you. Second, You can not use employer X's labor to file 140 with employer Y. Third, Once your 140 is approved, the PD is yours keep and port as long as it not revoked or withdrawn before you opt for porting.
In your case since H1b ends sept 2011, you have to apply perm atleast by august 2010.
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Winner
04-02 10:36 AM
A.P., G.P., H.P.....got all of them.
Did you get BP(High/Low?), I heard many get that during GC process ;)
Did you get BP(High/Low?), I heard many get that during GC process ;)
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texanguy
10-02 09:30 AM
Sorry I didnt see the thread. Still dont actually. Where is it? Thanks.
http://immigrationvoice.org/forum/showthread.php?t=21782
http://immigrationvoice.org/forum/showthread.php?t=21782
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vin13
01-08 12:25 PM
Travelling on AP needs only your passport and the AP.
Supporting documents could be I-485 receipt, i-140 approval notice, other visa approval notices, recent paystubs and a 2 sentence employement letter from your current job.
Port of Entry is much simpler compared to the consulate. At the consulate, they can deny visa even if you have all the information. At Port of Entry, they are usually just looking to make sure you are coming in with a valid document. So i personally feel you should be Ok to travel.
Having a baby is not going to carry any weight at the port of entry. The IO is looking for validity of documents and not going to yeild for any pleading.
Just slide the AP documents in the photo page of your passport and let the IO know that you are entering on Advance Parole. Do not say more than what is asked for. Do not give more documents until the IO requests. They will ask you if they need. It is very simple.
Typically, they will send you to a secondary inspection. you submit the documents and wait for them to call. They will stamp the AP and give you one copy.
Philadelphia IO officers were very very friendly. I recommend Philadelphia if you are too worried.
Hope this helps.
Supporting documents could be I-485 receipt, i-140 approval notice, other visa approval notices, recent paystubs and a 2 sentence employement letter from your current job.
Port of Entry is much simpler compared to the consulate. At the consulate, they can deny visa even if you have all the information. At Port of Entry, they are usually just looking to make sure you are coming in with a valid document. So i personally feel you should be Ok to travel.
Having a baby is not going to carry any weight at the port of entry. The IO is looking for validity of documents and not going to yeild for any pleading.
Just slide the AP documents in the photo page of your passport and let the IO know that you are entering on Advance Parole. Do not say more than what is asked for. Do not give more documents until the IO requests. They will ask you if they need. It is very simple.
Typically, they will send you to a secondary inspection. you submit the documents and wait for them to call. They will stamp the AP and give you one copy.
Philadelphia IO officers were very very friendly. I recommend Philadelphia if you are too worried.
Hope this helps.
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sarasuva
01-30 12:37 AM
My employer says that USCIS confused with another employer with the same name who is not funcioning from 2003(Or this guys would have given their old Licence number of 2003 to USCIS while applying I140 which was overlooked by USCIS while approval). On this confusion they 'Intent to revoke'.My employer has sent the current licence they have to USCIS. So we are waiting for the decision. But I did not see the 'Intent to Revoke' letter myself. They are not sending it too. So i am nervous and thinking of other options.
USCIS site says that additional documents has been received and they will make a decision soon.
USCIS site says that additional documents has been received and they will make a decision soon.
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franklin
11-16 08:06 PM
One friend of mine get his GC in the end of September/07 after filing AOS concurrently with I 140 in a middle of June 2007! His PD was Aug.2004(EB3-ROW)
Your friend was a lucky one (like me) who got a visa number allocated very quickly in that brief window. It was relatively rare, and you can guarantee that it is very far from the norm.
Like it has been mentioned in this thread:- rule of thumb, PD must be current for AOS in and out :)
Your friend was a lucky one (like me) who got a visa number allocated very quickly in that brief window. It was relatively rare, and you can guarantee that it is very far from the norm.
Like it has been mentioned in this thread:- rule of thumb, PD must be current for AOS in and out :)
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gatec77
07-18 05:19 PM
Since his i140 is approved he should be eligible for H1B 3 yrs extension. I think it does not matter even if has changed employer.
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edgarrecto
01-14 07:37 PM
how about eb3 for philippines?
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Dhundhun
10-19 09:27 PM
#1. When AP is applied, you need to mention duration. I doubt any one mentions duration as six months or one year. Usually people mention time is weeks or a month.
#2. When AP is applied, you need to mention reason. No primary I1485 applicant says to be "When I'll be out of job".
Whenever IOs feels that there is no voilation of duration/reason and intent of AP being used for emergency (family) and business purpose, they don't harass.
Refer to http://www.uscis.gov/files/form/I-131instr.pdf, page 3. Even if AP is applied for "Employment Based AOS Pending", clearly it mentions that "You may apply if you have an adjustment-of-status application pending and you seek to travel abroad for emergent personal or bona fide business reasons".
So USCIS has clearly mandated the use of AOS pending AP, it simple. We interpret as per out convenience and IOs interpret as per guidelines they have.
We can always say going to home country in case of loss of job to cut down expenses is an "emergent personal reason". How many IOs agree with that? But we have examples of dependants going for studies for several months and still return on AP was not an issue.
#2. When AP is applied, you need to mention reason. No primary I1485 applicant says to be "When I'll be out of job".
Whenever IOs feels that there is no voilation of duration/reason and intent of AP being used for emergency (family) and business purpose, they don't harass.
Refer to http://www.uscis.gov/files/form/I-131instr.pdf, page 3. Even if AP is applied for "Employment Based AOS Pending", clearly it mentions that "You may apply if you have an adjustment-of-status application pending and you seek to travel abroad for emergent personal or bona fide business reasons".
So USCIS has clearly mandated the use of AOS pending AP, it simple. We interpret as per out convenience and IOs interpret as per guidelines they have.
We can always say going to home country in case of loss of job to cut down expenses is an "emergent personal reason". How many IOs agree with that? But we have examples of dependants going for studies for several months and still return on AP was not an issue.
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Canadianindian
07-06 11:17 AM
http://www.washingtonpost.com/wp-dyn/content/discussion/2007/06/30/DI2007063000525.html
Please post on the question on USCIS/DOS mess up, if there are enough people asking the same question then they migh answer it
What questions are you asking, and we can ask same questions.
Please post on the question on USCIS/DOS mess up, if there are enough people asking the same question then they migh answer it
What questions are you asking, and we can ask same questions.
grupak
02-06 05:48 PM
Job duties and same/similar job functions will be deciding factor. If your GC is for Programmer Analyst and if you become manager as Assets Manager, it will be an issue. If you are promoted as IT manager having significant overlap of job functions, you should be fine.
if you are like my manager, who forgot how to open IDE and always works on some obsolete excel sheets/ project plans/ outlook, you will have trouble...
Bottomline, dont leave development even if you become manager.
Good advice vamsi_poondla. Changing job is always a problem in I-485 stage. Making this more flexible is one of the administrative fixes IV is proposing in the letter to the President. One more reason for everyone to mail that letter, if not mailed already.
if you are like my manager, who forgot how to open IDE and always works on some obsolete excel sheets/ project plans/ outlook, you will have trouble...
Bottomline, dont leave development even if you become manager.
Good advice vamsi_poondla. Changing job is always a problem in I-485 stage. Making this more flexible is one of the administrative fixes IV is proposing in the letter to the President. One more reason for everyone to mail that letter, if not mailed already.
small2006
08-08 02:46 PM
How did your GC process turn out? Any RFEs because of this?
Basically I don't have a problem with amending my H1B if it does not do me any harm when it comes to my GC. What's most irritating is that my GC attny who has all the answers and could very easily advice me what to do suggested to set up a PAID CONSULTATION with their H1B attorney to discuss this. I am almost certain that eventual conclusion will be that its o.k. to amend the H1B. Even during this time after having spent the 1000s of $$$ for my GC they still want to milk me for more money and that's more troublesome than anything else. Its just the attitude.
Having said all this, I think I am going to spend the $$, talk to the H1B attny just for my own satisfaction.
Sorry about the rant and thanks for hearing me out.
May not be direct answer to your question, but I had the same issue 3 years back - though my situation was a little bit different as I was changing dept. within the company - i also had arguments from both sides of the fences......eventually the company lawyer went ahead and filed an AMMENDED H1-B!!!!!......And on my GC application it has been shown as 2 different jobs.....now the sad part....when I suggested to the lawyer to file in EB-2 category instead of EB-3 (I know it also depends on the job description) because I had experience (previous job in the same company) + MS degree......the same lawyer said that it is not counted as 2 separate jobs because you were in the same company:(.......might be he was correct both the time (though I have my own doubts).....but I would advise to do what the lawyer suggests......unless you have some solid proof to back your theory!!!
Basically I don't have a problem with amending my H1B if it does not do me any harm when it comes to my GC. What's most irritating is that my GC attny who has all the answers and could very easily advice me what to do suggested to set up a PAID CONSULTATION with their H1B attorney to discuss this. I am almost certain that eventual conclusion will be that its o.k. to amend the H1B. Even during this time after having spent the 1000s of $$$ for my GC they still want to milk me for more money and that's more troublesome than anything else. Its just the attitude.
Having said all this, I think I am going to spend the $$, talk to the H1B attny just for my own satisfaction.
Sorry about the rant and thanks for hearing me out.
May not be direct answer to your question, but I had the same issue 3 years back - though my situation was a little bit different as I was changing dept. within the company - i also had arguments from both sides of the fences......eventually the company lawyer went ahead and filed an AMMENDED H1-B!!!!!......And on my GC application it has been shown as 2 different jobs.....now the sad part....when I suggested to the lawyer to file in EB-2 category instead of EB-3 (I know it also depends on the job description) because I had experience (previous job in the same company) + MS degree......the same lawyer said that it is not counted as 2 separate jobs because you were in the same company:(.......might be he was correct both the time (though I have my own doubts).....but I would advise to do what the lawyer suggests......unless you have some solid proof to back your theory!!!
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