rb_248
03-30 11:02 AM
If he is ROW EB2 he will get his greencard soon. I485 processing times are reduced to 4 months average per USCIS Director.
A former colleague of mine from B'Desh got his GC in 14 weeks.
ROW EB2 are talking in terms of weeks, not even months. We, on the other hand are talking in terms of decades, not even years.
A former colleague of mine from B'Desh got his GC in 14 weeks.
ROW EB2 are talking in terms of weeks, not even months. We, on the other hand are talking in terms of decades, not even years.
wallpaper Jennifer Lopez INF Photo
cooler
12-16 10:01 AM
This must be a "NJ" thing. I had mine renewed a few months back and all I showed was the 2 year EAD. No questions were asked.
I would suggest taking the I-485 receipt and the printout of the case from USCIS website showing the application as pending. If need be, talk to the supervisor to get this sorted out.
I would suggest taking the I-485 receipt and the printout of the case from USCIS website showing the application as pending. If need be, talk to the supervisor to get this sorted out.
yabadaba
09-26 09:02 PM
Cool down yabadaba. No need to generalise stuff.
There are cases where people who are qualified to be in EB2 were put in EB3 for xyz reasons. To assume that everyone who does a category switch or PD switch or labor substitution is exploiting the system is an incorrect assumption.
OP feels he is in bad shape - the least you can do is to be a nice person and either ignore his post or to give him moral support at the least.
Regarding what my views are about what has pissed you off so much, well, this is not the right thread to talk about it - so I'll keep it to myself.
OP - If you can provide more details about your case, it will be helpful.
what exactly is it then if it is not exploitation of the system? time and time again we have line jumpers which ends up causing problems for the other indians. time and time again we hear the crab story and thats what we have become collectively. if u didnt file in the category you are in for whatever reason, be it that your lawyer thought of playing it safe or whatever...you are in that category now. just wait in line for your turn.
There are cases where people who are qualified to be in EB2 were put in EB3 for xyz reasons. To assume that everyone who does a category switch or PD switch or labor substitution is exploiting the system is an incorrect assumption.
OP feels he is in bad shape - the least you can do is to be a nice person and either ignore his post or to give him moral support at the least.
Regarding what my views are about what has pissed you off so much, well, this is not the right thread to talk about it - so I'll keep it to myself.
OP - If you can provide more details about your case, it will be helpful.
what exactly is it then if it is not exploitation of the system? time and time again we have line jumpers which ends up causing problems for the other indians. time and time again we hear the crab story and thats what we have become collectively. if u didnt file in the category you are in for whatever reason, be it that your lawyer thought of playing it safe or whatever...you are in that category now. just wait in line for your turn.
2011 jennifer lopez braided bun
dingudi
12-31 10:01 PM
No FP yet. Called TSC N number of times. Opened SR long ago. Got SR response letter but no FP notice.
I-485: July 2nd TSC
Online ND: Sept 10,2007
I-485: July 2nd TSC
Online ND: Sept 10,2007
more...
shanti
02-25 10:01 AM
Thank you Akred
So to put this clear... I have experience abroad matching the labor job profile of 4 years. Then I have experience in U.S. with employer A (no labor related only an H-1B) for 3 years. Then I worked one year with employer B and after that -in Feb 2005- Employer B applied for Labor. So my relevant experience that I could use to say the job is same or similar is my 4 ys abroad with similar job description plus the 3 years in US with company A so total 7 years.
When I joined company B (the labor sponsoring company) I already had 7 ys experience in other employer than B, so for same or similar I could use up to 7 ys experience requirement as long as the job description and title are almost the same (which they are)?.
I know this is an interesting question which many people probably have. I posted the question for the Conference call so that people which will be or are in the same situation could know for sure how to handle this isssue.
So to put this clear... I have experience abroad matching the labor job profile of 4 years. Then I have experience in U.S. with employer A (no labor related only an H-1B) for 3 years. Then I worked one year with employer B and after that -in Feb 2005- Employer B applied for Labor. So my relevant experience that I could use to say the job is same or similar is my 4 ys abroad with similar job description plus the 3 years in US with company A so total 7 years.
When I joined company B (the labor sponsoring company) I already had 7 ys experience in other employer than B, so for same or similar I could use up to 7 ys experience requirement as long as the job description and title are almost the same (which they are)?.
I know this is an interesting question which many people probably have. I posted the question for the Conference call so that people which will be or are in the same situation could know for sure how to handle this isssue.
chi_shark
09-04 12:12 PM
Tell your friend that it will be more fun to watch grass grow than filing for gc...
just kidding... if he just needs I-140 approved so he can continue to get 3 year H-1 extensions, then its a good idea to start PERM.
One of my good friend asked me this questions yesterday? I did not have an answer for him and wanted to ask if someone could have any suggestions on this.
Thanks you for your time.
His company wants to start his EB2 green card process. He was wondering if this a good time to do this? Is it recommended that he delay this process for 6 months or so? He is currently in his 3rd year of H1B.
Thanks
-M
just kidding... if he just needs I-140 approved so he can continue to get 3 year H-1 extensions, then its a good idea to start PERM.
One of my good friend asked me this questions yesterday? I did not have an answer for him and wanted to ask if someone could have any suggestions on this.
Thanks you for your time.
His company wants to start his EB2 green card process. He was wondering if this a good time to do this? Is it recommended that he delay this process for 6 months or so? He is currently in his 3rd year of H1B.
Thanks
-M
more...
Blog Feeds
08-06 08:10 AM
H1B Visa Lawyer Blog Has Just Posted the Following:
Question #1 � Temporary Work Visa � H-1B Nonimmigrant Visa
My H1b visa got approved in 2009 which was filed by my previous employer.I did not get chance to travel to USA and even my visa is not stampted. Now I am with other employer.
Can I transfer my H1b?
Answer #1
The safest option to utilize at this point given the facts as you have provided is to file a new H-1B petition. Transfers and Extensions do not apply in this scenario because you have never entered the U.S as an H-1B nonimmigrant. Once the petition is filed and approval received, you would need to attend the Consulate interview and if all goes well, you would be able to then travel to the US and after speaking with CBP, enter as an H-1B nonimmigrant visa holder.
Question #2 � Employment Based Immigration � Green Card: Biometrics
I think the fingerprints that the USCIS has on file for my GC are set to expire soon. Should I take Info pass appointment to give them a new set of fingerprints?
Answer #2
As written on the I-797C, Notice of Action, in some types of cases USCIS requires biometrics. In such cases, USCIS will send you an appointment notice with a specific date, time and place for you to go to a USCIS Application Support Center (ASC) for biometrics processing. You must WAIT for that appointment notice and take it to your ASC appointment along with your photo identification.
Question #3 � Temporary Work Visa � H-1B Nonimmigrant Visa: Traveling
I am planning on traveling out of the US for a vacation; however, I heard from friends that I may not be able to obtain a new visa stamp for my recently approved I-129 and come back. Please advise.
Answer #3
If you MUST travel on H-1B status, we recommend that you have the following: at least two month�s worth of pay stubs, a copy of the approved H-1B petition, an original employment verification letter, the original approval notice, and any other documentation that would demonstrate compliance with the laws governing the H-1B program and the establishment of a bona fide job opportunity.
Question #4 � Employment Based Immigration � Green Card
My child has received his Green Card and his birth date is wrong on the card. Do I need to fix this? How do I fix this?
Answer #4
You will need to file Form I-90, Application to Replace Permanent Resident Card (http://www.uscis.gov/files/form/i-90.pdf). If you believe this was an administrative error on the part of the USCIS, you will need to check box d in Part 2, number 2 of the application. Along with the Form I-90 and accompanying filing fee of $290.00 plus $80.00 for biometrics, please attach the incorrect card and evidence of the correct information (original birth certificate; passport; previous approval notices, etc). You will need to submit the USCIS filing fees (made payable to the �U.S. Department of Homeland Security�) even though you believe it was an administrative error. If you send the form with accompanying documentation without the filing fees, the case will be returned until you provide those fees. If the USCIS agrees that the error was administrative in nature, they will issue a new card and return the filing fees.
Question #5 � Employment Based Immigration � Green Card
My spouse and child have received their Green Cards but I have not. I filed for our GCs through my employer. What do I need to do? Is there a problem with the processing of my case? Could my GC be denied? Please advise.
Answer #5
Based on the small amount of information provided, it seems like there may just be an issue with the issuance/mailing of your Green Card. Your husband and child would not have received their Green Card if there was a pending issue with your case. From the information you provided, you are the primary applicant and your spouse and child are your derivatives. Therefore, the USCIS would not approve the I-485 Application to Adjust status for the derivatives without first approving it for the primary applicant. Follow up with the USCIS after 30 days from the date your spouse and child received their Green Cards by calling 1-800-375-5283.
Question #6 - Employment Based Immigration � Green Card - EAD Renewal
I filed for my EAD renewal back in May 2010 with the NSC and it is still pending. My current EAD expires next week. What are my options moving forward - can I expedite the EAD renewal process since my card is expiring next week, can I continue to work with the receipt notice?
Answer #6
To my knowledge you normally cannot expedite an EAD renewal request; however, I have heard from my colleagues that after an EAD renewal has been pending for 75+ days at the NSC an Attorney may contact the Service Center directly to notify them of the situation. If you do not receive your EAD approval by the time your current EAD expires, you MUST WAIT and NOT WORK until your EAD is approved. You MAY NOT continue to work using the EAD receipt notice as the receipt is not evidence of an approval.
You may file an EAD renewal request up to 120 days in advance of the expiration of your current EAD and should be aware of the Service Center processing times well in advance of filing so that you can obtain an approval of the EAD to continue working.
Question #7 � Temporary Work Visa � H-1B Nonimmigrant Visa
What document determines how long I can stay in the United States: my visa, my I-94 card or the expiration of my current passport?
Answer #7
Short answer: The visa stamp issued by the U.S. State Department displayed in your passport allows you to enter the U.S. at a port of entry. The I-94 card issued by an Immigration Inspector at the port of entry is your admission ticket and displays the time period you are authorized to stay in the United States. If your I-94 card expires and you did not obtain an extension, and you remain in the U.S. without taking further action, this inaction will result in you accruing unlawful presence in the U.S.
Question #8 � Family Based Immigration: Marriage � K1 Fianc� Visa
My son is U.S. Citizen and would like to marry his Pakistani fianc�. Both boy and girl know each other over three years and have been engaged for 8 months already. Can my son file a petition for his fianc�? How long is it taking?
Answer #8
U.S. Citizens who are engaged to be married to a foreign national may petition the USCIS on behalf of their fianc� by way of the K-1 visa. To be eligible for this visa: (1) you must be legally able to marry; (2) the marriage must be a bona fide marriage with good intent; (3) you must be willing to marry within 90 days of the fianc� entering the United States; and (4) you must have met within two years of filing for the visa. The K-1 visa is valid for only one entry into the United States. Therefore, reentering with it is not possible. You also cannot renew a K-1 fianc� visa. Your son should first file a Petition for Alien Fianc� (Form I-130) with the USCIS. Once the petition is approved, the USCIS will forward the approved petition to the appropriate American consulate to interview the beneficiary. Once the beneficiary attends the consular interview and is approved for the visa, she may travel to the United States to marry your son. A petition for K-1 status is valid for four months from the date of USCIS action, and may only be revalidated by the consular officer. Currently, it is taking approximately 5 months to obtain approval for the Petition for Alien Fianc�.
Question #9 � Temporary Work Visa � H-1B Nonimmigrant Visa
I was on H-1B status from 2006-2009 and now currently utilize my EAD. My sponsoring H-1B employer did not pay me what was listed in my LCA. Can I do anything now about this?
Answer #9
If your employer has not paid you in accordance with the certified LCA, then they are most likely in violation of the The Fair Labor Standards Act (FLSA), The FLSA prescribes standards for the basic minimum wage and overtime pay which affects most private and public employment. It requires employers to pay covered employees who are not otherwise exempt at least the federal minimum wage and overtime pay of one-and-one-half-times the regular rate of pay. The Act is administered by the Employment Standards Administration's Wage and Hour Division within the U.S. Department of Labor.
You may wish to check out the following link (http://www.dol.gov/dol/topic/wages/backpay.htm) regarding how to move forward when attempting to file suit to obtain any back payment of wages, etc.
Question #10 � Temporary Work Visa � H-1B Nonimmigrant Visa
Can you let me know how many visas remain under the H-1B Cap?
Answer #10
As of July 30, 2010, there were 37,700 H-1B Regular CAP subject nonimmigrant visas remaining and 8,400 H-1B Masters Exemption nonimmigrant visas remaining. USCIS will continue to accept both cap-subject petitions and advanced degree petitions until a sufficient number of H-1B petitions have been received to reach the statutory limits, taking into account the fact that some of these petitions may be denied, revoked, or withdrawn. For continuous FY2011 H-1B Cap updates, please refer to our website (http://www.mvplg.com/_webapp_2694261/H-1B_Nonimmigrant_Visa).
MVP Law Group would like to thank everyone who contributed a question or comment. We hope the information provided is helpful.
Our next �Immigration Q & A Forum� is scheduled for Friday, August 20, 2010! Please remember to submit your questions/comments on our h1bvisalawyerblog.
MVP Law Group, P.A. makes available the information and materials in this forum for informational purposes only. The information is general in nature and does not constitute legal advice or any contractual obligations. Further, the use of this site, and the sending or receipt of this information, does not create an attorney-client relationship between us. And, therefore, your communication with us through this forum will not be considered as privileged or confidential.
More... (http://www.h1bvisalawyerblog.com/2010/08/mvp_law_group_qa_forum_august_1.html)
Question #1 � Temporary Work Visa � H-1B Nonimmigrant Visa
My H1b visa got approved in 2009 which was filed by my previous employer.I did not get chance to travel to USA and even my visa is not stampted. Now I am with other employer.
Can I transfer my H1b?
Answer #1
The safest option to utilize at this point given the facts as you have provided is to file a new H-1B petition. Transfers and Extensions do not apply in this scenario because you have never entered the U.S as an H-1B nonimmigrant. Once the petition is filed and approval received, you would need to attend the Consulate interview and if all goes well, you would be able to then travel to the US and after speaking with CBP, enter as an H-1B nonimmigrant visa holder.
Question #2 � Employment Based Immigration � Green Card: Biometrics
I think the fingerprints that the USCIS has on file for my GC are set to expire soon. Should I take Info pass appointment to give them a new set of fingerprints?
Answer #2
As written on the I-797C, Notice of Action, in some types of cases USCIS requires biometrics. In such cases, USCIS will send you an appointment notice with a specific date, time and place for you to go to a USCIS Application Support Center (ASC) for biometrics processing. You must WAIT for that appointment notice and take it to your ASC appointment along with your photo identification.
Question #3 � Temporary Work Visa � H-1B Nonimmigrant Visa: Traveling
I am planning on traveling out of the US for a vacation; however, I heard from friends that I may not be able to obtain a new visa stamp for my recently approved I-129 and come back. Please advise.
Answer #3
If you MUST travel on H-1B status, we recommend that you have the following: at least two month�s worth of pay stubs, a copy of the approved H-1B petition, an original employment verification letter, the original approval notice, and any other documentation that would demonstrate compliance with the laws governing the H-1B program and the establishment of a bona fide job opportunity.
Question #4 � Employment Based Immigration � Green Card
My child has received his Green Card and his birth date is wrong on the card. Do I need to fix this? How do I fix this?
Answer #4
You will need to file Form I-90, Application to Replace Permanent Resident Card (http://www.uscis.gov/files/form/i-90.pdf). If you believe this was an administrative error on the part of the USCIS, you will need to check box d in Part 2, number 2 of the application. Along with the Form I-90 and accompanying filing fee of $290.00 plus $80.00 for biometrics, please attach the incorrect card and evidence of the correct information (original birth certificate; passport; previous approval notices, etc). You will need to submit the USCIS filing fees (made payable to the �U.S. Department of Homeland Security�) even though you believe it was an administrative error. If you send the form with accompanying documentation without the filing fees, the case will be returned until you provide those fees. If the USCIS agrees that the error was administrative in nature, they will issue a new card and return the filing fees.
Question #5 � Employment Based Immigration � Green Card
My spouse and child have received their Green Cards but I have not. I filed for our GCs through my employer. What do I need to do? Is there a problem with the processing of my case? Could my GC be denied? Please advise.
Answer #5
Based on the small amount of information provided, it seems like there may just be an issue with the issuance/mailing of your Green Card. Your husband and child would not have received their Green Card if there was a pending issue with your case. From the information you provided, you are the primary applicant and your spouse and child are your derivatives. Therefore, the USCIS would not approve the I-485 Application to Adjust status for the derivatives without first approving it for the primary applicant. Follow up with the USCIS after 30 days from the date your spouse and child received their Green Cards by calling 1-800-375-5283.
Question #6 - Employment Based Immigration � Green Card - EAD Renewal
I filed for my EAD renewal back in May 2010 with the NSC and it is still pending. My current EAD expires next week. What are my options moving forward - can I expedite the EAD renewal process since my card is expiring next week, can I continue to work with the receipt notice?
Answer #6
To my knowledge you normally cannot expedite an EAD renewal request; however, I have heard from my colleagues that after an EAD renewal has been pending for 75+ days at the NSC an Attorney may contact the Service Center directly to notify them of the situation. If you do not receive your EAD approval by the time your current EAD expires, you MUST WAIT and NOT WORK until your EAD is approved. You MAY NOT continue to work using the EAD receipt notice as the receipt is not evidence of an approval.
You may file an EAD renewal request up to 120 days in advance of the expiration of your current EAD and should be aware of the Service Center processing times well in advance of filing so that you can obtain an approval of the EAD to continue working.
Question #7 � Temporary Work Visa � H-1B Nonimmigrant Visa
What document determines how long I can stay in the United States: my visa, my I-94 card or the expiration of my current passport?
Answer #7
Short answer: The visa stamp issued by the U.S. State Department displayed in your passport allows you to enter the U.S. at a port of entry. The I-94 card issued by an Immigration Inspector at the port of entry is your admission ticket and displays the time period you are authorized to stay in the United States. If your I-94 card expires and you did not obtain an extension, and you remain in the U.S. without taking further action, this inaction will result in you accruing unlawful presence in the U.S.
Question #8 � Family Based Immigration: Marriage � K1 Fianc� Visa
My son is U.S. Citizen and would like to marry his Pakistani fianc�. Both boy and girl know each other over three years and have been engaged for 8 months already. Can my son file a petition for his fianc�? How long is it taking?
Answer #8
U.S. Citizens who are engaged to be married to a foreign national may petition the USCIS on behalf of their fianc� by way of the K-1 visa. To be eligible for this visa: (1) you must be legally able to marry; (2) the marriage must be a bona fide marriage with good intent; (3) you must be willing to marry within 90 days of the fianc� entering the United States; and (4) you must have met within two years of filing for the visa. The K-1 visa is valid for only one entry into the United States. Therefore, reentering with it is not possible. You also cannot renew a K-1 fianc� visa. Your son should first file a Petition for Alien Fianc� (Form I-130) with the USCIS. Once the petition is approved, the USCIS will forward the approved petition to the appropriate American consulate to interview the beneficiary. Once the beneficiary attends the consular interview and is approved for the visa, she may travel to the United States to marry your son. A petition for K-1 status is valid for four months from the date of USCIS action, and may only be revalidated by the consular officer. Currently, it is taking approximately 5 months to obtain approval for the Petition for Alien Fianc�.
Question #9 � Temporary Work Visa � H-1B Nonimmigrant Visa
I was on H-1B status from 2006-2009 and now currently utilize my EAD. My sponsoring H-1B employer did not pay me what was listed in my LCA. Can I do anything now about this?
Answer #9
If your employer has not paid you in accordance with the certified LCA, then they are most likely in violation of the The Fair Labor Standards Act (FLSA), The FLSA prescribes standards for the basic minimum wage and overtime pay which affects most private and public employment. It requires employers to pay covered employees who are not otherwise exempt at least the federal minimum wage and overtime pay of one-and-one-half-times the regular rate of pay. The Act is administered by the Employment Standards Administration's Wage and Hour Division within the U.S. Department of Labor.
You may wish to check out the following link (http://www.dol.gov/dol/topic/wages/backpay.htm) regarding how to move forward when attempting to file suit to obtain any back payment of wages, etc.
Question #10 � Temporary Work Visa � H-1B Nonimmigrant Visa
Can you let me know how many visas remain under the H-1B Cap?
Answer #10
As of July 30, 2010, there were 37,700 H-1B Regular CAP subject nonimmigrant visas remaining and 8,400 H-1B Masters Exemption nonimmigrant visas remaining. USCIS will continue to accept both cap-subject petitions and advanced degree petitions until a sufficient number of H-1B petitions have been received to reach the statutory limits, taking into account the fact that some of these petitions may be denied, revoked, or withdrawn. For continuous FY2011 H-1B Cap updates, please refer to our website (http://www.mvplg.com/_webapp_2694261/H-1B_Nonimmigrant_Visa).
MVP Law Group would like to thank everyone who contributed a question or comment. We hope the information provided is helpful.
Our next �Immigration Q & A Forum� is scheduled for Friday, August 20, 2010! Please remember to submit your questions/comments on our h1bvisalawyerblog.
MVP Law Group, P.A. makes available the information and materials in this forum for informational purposes only. The information is general in nature and does not constitute legal advice or any contractual obligations. Further, the use of this site, and the sending or receipt of this information, does not create an attorney-client relationship between us. And, therefore, your communication with us through this forum will not be considered as privileged or confidential.
More... (http://www.h1bvisalawyerblog.com/2010/08/mvp_law_group_qa_forum_august_1.html)
2010 Jennifer Lopez Super Sleek
StuckInTheMuck
09-02 01:53 PM
Is your RFE regarding Medical?
Did you sent your Medical Reports?
Any Good news after Medical reports sent?
Sorry for the late reply. Yes the RFE was for medical (for me and spouse) as I thought. We sent response on Aug 12, got hard LUD ("response received, case processing resumed") Aug 19, then soft LUDs on Aug 20, 21, 26 and 27, and nothing after that.
Did you sent your Medical Reports?
Any Good news after Medical reports sent?
Sorry for the late reply. Yes the RFE was for medical (for me and spouse) as I thought. We sent response on Aug 12, got hard LUD ("response received, case processing resumed") Aug 19, then soft LUDs on Aug 20, 21, 26 and 27, and nothing after that.
more...
jagan13
02-18 09:58 AM
I am currently waiting for my renewed passport from Washington DC embassy, which I had mailed them on Dec 30th(signed for and received by them on Dec 31st). The passport is due to expire in Oct 2011. My problem is, my drivers license is expiring on Feb 24th as is my stamped visa. My employer has filed for my H1b extension and I currently have the original receipt notice needed for renewing my license. But, I cannot renew it without the original passport. I have been trying to reach them through phone as well as email for over 10 days now. Also, when filling out the form , I have a different permanent Indian address than what I had on the passport as my family back home had moved. The following are my questions:
1) Does this increase the processing time, due to any verification of address in India?
2) Has anybody been in the same situation and if yes, how long did it take for the embassy to renew and mail the passport?
3) Does anybody have a point of contact at the Embassy?
NOTE: I just talked to my bank and confirmed that the cashiers checks I had send along with the application have been cashed on Jan 24th. I dont know where that puts me on the timeline for receving my passport.
I have been looking at other threads on the forum and looks like it is typically taking 40 days for people to receive their passports in the mail. But , my license situation is concerning as I do not know, at what stage of renewal process my passport is in and how much longer I have to wait. Any insight will be greatly appreciated.
Thanks,
Jagan
1) Does this increase the processing time, due to any verification of address in India?
2) Has anybody been in the same situation and if yes, how long did it take for the embassy to renew and mail the passport?
3) Does anybody have a point of contact at the Embassy?
NOTE: I just talked to my bank and confirmed that the cashiers checks I had send along with the application have been cashed on Jan 24th. I dont know where that puts me on the timeline for receving my passport.
I have been looking at other threads on the forum and looks like it is typically taking 40 days for people to receive their passports in the mail. But , my license situation is concerning as I do not know, at what stage of renewal process my passport is in and how much longer I have to wait. Any insight will be greatly appreciated.
Thanks,
Jagan
hair First of all, Jennifer Lopez
mlkedave
03-06 06:37 PM
o and paddy why isn't klabboration in kirupa lab?
more...
dixie
02-12 07:36 PM
Also do you know which is more difficult to get approved EB3 or EB2 without raising any red flags ? I am trying to understand which one is safe to play.
EB3 is generally easier to pass scrutiny at the I-140 stage. If you are from ROW, however, switching to EB2 has a HUGE advantage - you are talking of the difference between waiting at 3-4 years to get even an EAD card and potentially getting your GC in an year (EB2 ROW).
If you are from India, there is no significant benefit to switching. The only difference is the date on which the PD is stuck - whether it is April 2001 or Jan 2003, the dates are going to remain there for the next decade absent CIR/SKILL. If CIR/SKILL does get passed, both will likely become current. Either way, you don't gain much although I see an inexplicable rush from EB3 India folks to jump to the EB2 bandwagon.
EB3 is generally easier to pass scrutiny at the I-140 stage. If you are from ROW, however, switching to EB2 has a HUGE advantage - you are talking of the difference between waiting at 3-4 years to get even an EAD card and potentially getting your GC in an year (EB2 ROW).
If you are from India, there is no significant benefit to switching. The only difference is the date on which the PD is stuck - whether it is April 2001 or Jan 2003, the dates are going to remain there for the next decade absent CIR/SKILL. If CIR/SKILL does get passed, both will likely become current. Either way, you don't gain much although I see an inexplicable rush from EB3 India folks to jump to the EB2 bandwagon.
hot Jennifer Lopez attended the
chanduv23
10-27 03:45 PM
Folks - everyday I go to sleep I wish that tomorrow the sun will rise in the west. When I wake up I see that nothing has changed.
Change is hard - but change definitely brings new hope and prosperity.
With bad economy, Green Card issues, visa retrogression, layoffs, bad stocks, housing crisis and with growing inflation - all we do is hope and strive towards betterment.
Diwali is a celebration of the victory of good over evil and I wish this Diwali will bring victory to the well deserved.
Lets all be together in turbulent times and work towards the change that we always want to see.
IV has helped us all and continue to help us. IV is nothing but all of us together. Lets all pledge our support to IV on this thread.
Change is hard - but change definitely brings new hope and prosperity.
With bad economy, Green Card issues, visa retrogression, layoffs, bad stocks, housing crisis and with growing inflation - all we do is hope and strive towards betterment.
Diwali is a celebration of the victory of good over evil and I wish this Diwali will bring victory to the well deserved.
Lets all be together in turbulent times and work towards the change that we always want to see.
IV has helped us all and continue to help us. IV is nothing but all of us together. Lets all pledge our support to IV on this thread.
more...
house Singer Jennifer Lopez posed
neerajkandhari
06-05 10:04 AM
You don't need to be working in the US while the AOS is pending. You just need to have the job when permanent residence is approved, or to have a job in the "same or similar occupational classification."
i highly appreciate your quick reply
I have recently left my job on 31 May 2009
I was with my Green card sponsoring company since i joined in 2004
Do i need to collect something from my ex employer since i have quit my job
I did not provide a letter of employment when i filled in july 2007 as my attorney said he did not want to rush the letter as he was busy filling during July 2007 friasco and would submit the same when USCIS asks for it before USCIS makes a decision in the case
I have W2 of 2008 and i will get my 1099 for 2009 at the end of the year
I will provide a offer letter from my new employer when USCIS needs it
i highly appreciate your quick reply
I have recently left my job on 31 May 2009
I was with my Green card sponsoring company since i joined in 2004
Do i need to collect something from my ex employer since i have quit my job
I did not provide a letter of employment when i filled in july 2007 as my attorney said he did not want to rush the letter as he was busy filling during July 2007 friasco and would submit the same when USCIS asks for it before USCIS makes a decision in the case
I have W2 of 2008 and i will get my 1099 for 2009 at the end of the year
I will provide a offer letter from my new employer when USCIS needs it
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simple1
05-12 03:07 PM
Ok, for this Attorney thread, some one is pouring red on me.
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govindk
10-30 11:02 PM
My EAD is pending for more than 90 days now.My received date is 27th July and Notice date is 31st Aug. I called USCIS and told that my application is pending for more than 90 days. The Level 1 officer acknowledged the fact and escalated the call to Level 2. The level 2 IO was very rude and simply deny to accept the fact that 90 days are over. She simply said that the USCIS is counting 90 days from the notice date not the received date. I told her that It is mentioned on the USCIS website that 90 days are from the received date. The IO officer scolded at me and said if I don't believe her words, then do not call USCIS.:mad:
I guess there is no point calling USCIS and checking status on EAD. I am hoping that the situation will improve and i will soon get EAD card.
I guess there is no point calling USCIS and checking status on EAD. I am hoping that the situation will improve and i will soon get EAD card.
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mdmd10
09-14 07:58 PM
Just got approval emails for both me and my spouse.
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krishnam70
05-08 01:47 PM
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indianabacklog
07-30 10:11 PM
Are you saying that a child will age out if the child's 485 cannot be immediately adjudicated due to retrogression and the child is over 21 when that 485 is eventually processed?
Yes assuming after the deduction of the time it took to adjudicate the I140 the child is still over 21. If this occurs the childs application will automatically be transferred to the respective family based category and processed that way and we know how long the waits are for those dates to become current.
Yes assuming after the deduction of the time it took to adjudicate the I140 the child is still over 21. If this occurs the childs application will automatically be transferred to the respective family based category and processed that way and we know how long the waits are for those dates to become current.
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srsrsr
07-19 08:17 PM
Hello everyone!
I am planning to apply I-140 and I-485 simultaneously. My problem is, Can I change my job after 180 days of applying my I-485 and without using my EAD? I am not married yet and I have a valid H1B. Please help!
Thanks,
Raj
I am planning to apply I-140 and I-485 simultaneously. My problem is, Can I change my job after 180 days of applying my I-485 and without using my EAD? I am not married yet and I have a valid H1B. Please help!
Thanks,
Raj
arc
03-11 03:03 PM
Mr "A" Check with a good tax consultant about implications of being paid in check, on EAD you can do multiple jobs and businesses, as long as you report your earnings and pay tax you should be fine. I am not an expert, check with a tax consultant and an attorney!
Person "A" on H1B with 4 yrs of experience, Green Card filed, EAD received (both husband and wife), I-140 pending, Wife Dependant (has her own H1B), Wife opens a training institute.
1. Can "A" work for his wife and also get paid in check?
2. Can "A" have a second job in his wife's company and retain his original job?
3. Can "A" have a different occupation anywhere else on EAD not related to his original job role? and then can "A" get paid in check?
4. Can "A" work for his wife's company and instead wife gets the check or paid? Is that legal?
5. Can "A"'s wife open a company on EAD and also keep working on her H1B?
6. Can "A" and his wife after EAD work for 2 different jobs if the job description/roles are different?
7. Can "A" work as volunteer in his wife's company?
8. Can a software analyst working with a software company work as a trainer in a training institute on EAD with I-140 either pending or approved?
Person "A" on H1B with 4 yrs of experience, Green Card filed, EAD received (both husband and wife), I-140 pending, Wife Dependant (has her own H1B), Wife opens a training institute.
1. Can "A" work for his wife and also get paid in check?
2. Can "A" have a second job in his wife's company and retain his original job?
3. Can "A" have a different occupation anywhere else on EAD not related to his original job role? and then can "A" get paid in check?
4. Can "A" work for his wife's company and instead wife gets the check or paid? Is that legal?
5. Can "A"'s wife open a company on EAD and also keep working on her H1B?
6. Can "A" and his wife after EAD work for 2 different jobs if the job description/roles are different?
7. Can "A" work as volunteer in his wife's company?
8. Can a software analyst working with a software company work as a trainer in a training institute on EAD with I-140 either pending or approved?
questforgc
02-21 09:22 PM
To all Experts/Gurus, please advice on this issue.
I hold a H-1B status as well as I-485 Adjustment of Status Pending.
I am the primary applicant in this Eb-2 petition PD July 2006. I am with the same employer for the past four years and they are the sponsor of the green card petition as well.
I have got admit to PhD in EECS at MIT (Top program in US) and would like to pursue that option.
1. Can i continue full time PhD on my I-485 pending visa status? The PhD will be a natural progression of my current research job with my employer.
2. Do i need to change to a F-1 Visa? From what i understand, I think one cannot change from I-485 to F-1.
3. From what i understand, i can keep my I-485 pending status while doing full time study provided i have an offer from my current employer/other employer willing to hire me upon approval of the I-485. Is this correct?
4. Regarding the procedure to do this, do i need to get an offer in writing from my current employer/future employer before i start the full time study? Or do i need to get this written offer from the employer if and when i receive an RFE from USCIS?
5. Do i need to proactively invoke AC21 for doing this and let USCIS know?
6. How long do i need to stay with the employer once my I-485 is approved? I hear 6 months as a good period.
7. If the I-485 gets approved in the middle of a semester, how soon do i need to start working for the employer?
8. Any other creative ideas to sail through this like keep engagement with current employer say by consulting few hours a week etc.?
9. Do i have any realistic chance of I-485 approval before September 2009? From the recent infopass, i was told that name check, FP check, background check are done but my FP have expired. I was told that i will receive a FP notice but i don't know when.
These might have already been discussed in previous threads, but i would appreciate response from experts/gurus.
Thanks.
I hold a H-1B status as well as I-485 Adjustment of Status Pending.
I am the primary applicant in this Eb-2 petition PD July 2006. I am with the same employer for the past four years and they are the sponsor of the green card petition as well.
I have got admit to PhD in EECS at MIT (Top program in US) and would like to pursue that option.
1. Can i continue full time PhD on my I-485 pending visa status? The PhD will be a natural progression of my current research job with my employer.
2. Do i need to change to a F-1 Visa? From what i understand, I think one cannot change from I-485 to F-1.
3. From what i understand, i can keep my I-485 pending status while doing full time study provided i have an offer from my current employer/other employer willing to hire me upon approval of the I-485. Is this correct?
4. Regarding the procedure to do this, do i need to get an offer in writing from my current employer/future employer before i start the full time study? Or do i need to get this written offer from the employer if and when i receive an RFE from USCIS?
5. Do i need to proactively invoke AC21 for doing this and let USCIS know?
6. How long do i need to stay with the employer once my I-485 is approved? I hear 6 months as a good period.
7. If the I-485 gets approved in the middle of a semester, how soon do i need to start working for the employer?
8. Any other creative ideas to sail through this like keep engagement with current employer say by consulting few hours a week etc.?
9. Do i have any realistic chance of I-485 approval before September 2009? From the recent infopass, i was told that name check, FP check, background check are done but my FP have expired. I was told that i will receive a FP notice but i don't know when.
These might have already been discussed in previous threads, but i would appreciate response from experts/gurus.
Thanks.
