Gravitation
01-04 09:11 AM
The best course is file I-140 for EB3... after you get it... file for EB2 I-140 and use PD from EB3... It's possible and worth every effort.
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namm80
04-07 10:18 PM
H1B extension beyond 6 yrs is possible under 2 circumstances:
a) Labor was filed atleast 365 days before H1B expiry date - which makes you eligible for 1 year extension (NOTE: this does not depend on priority date being current/retrogressed).
b) I-140 has been approved and priority dates are retrogressed. This makes you eligible for 3 yr extension.
So CADude should get 1 yr extension is worst case.
Coming back to your scenario, i don't think you neccessarily need copies of I-140/LC to get H1B xfr. If you have receipt #s of either, you attorney should be able to file H1B xfr case. I know of people who did that in my company. Take a printout of DOL/USCIS case status information if you have receipt # available. If you don't have receipt # as well, then i am afraid, you are out of luck and AC-21 is the only option.
ok gurus here's my situation..
1) Employer A filed my green card and I140 is approved and its been more than 180 days since 485 is filed.. no issue here... recently got my 3-year H1 extension from employer A till 2011. this extension is for 7th, 8th and 9th year... so have already crossed 6 year limit.
2) got an offer and accepted the offer from employer B and employer A does not provide any info regaring labor or I-140...
3) Since H1 extension is based on my green card application, to do a transfer or renewal, copies of I140 and labor is required (according to company B's lawyer)
4) So in this case i'm forced to use EAD and company B's lawyer are evaluating if old and new job description are same or similar...
so now my question is, is it true that transfer/renew of H1 after 6 years without the copy of I140 or labor from employer other than the one filed for your green card, not allowed? is there anything that can be done in this case?
thanks guys..
a) Labor was filed atleast 365 days before H1B expiry date - which makes you eligible for 1 year extension (NOTE: this does not depend on priority date being current/retrogressed).
b) I-140 has been approved and priority dates are retrogressed. This makes you eligible for 3 yr extension.
So CADude should get 1 yr extension is worst case.
Coming back to your scenario, i don't think you neccessarily need copies of I-140/LC to get H1B xfr. If you have receipt #s of either, you attorney should be able to file H1B xfr case. I know of people who did that in my company. Take a printout of DOL/USCIS case status information if you have receipt # available. If you don't have receipt # as well, then i am afraid, you are out of luck and AC-21 is the only option.
ok gurus here's my situation..
1) Employer A filed my green card and I140 is approved and its been more than 180 days since 485 is filed.. no issue here... recently got my 3-year H1 extension from employer A till 2011. this extension is for 7th, 8th and 9th year... so have already crossed 6 year limit.
2) got an offer and accepted the offer from employer B and employer A does not provide any info regaring labor or I-140...
3) Since H1 extension is based on my green card application, to do a transfer or renewal, copies of I140 and labor is required (according to company B's lawyer)
4) So in this case i'm forced to use EAD and company B's lawyer are evaluating if old and new job description are same or similar...
so now my question is, is it true that transfer/renew of H1 after 6 years without the copy of I140 or labor from employer other than the one filed for your green card, not allowed? is there anything that can be done in this case?
thanks guys..
fatjoe
03-17 11:33 AM
My husband recieved a transfer notice for his I-485 from TSC saying that the
"Preliminary Processing of the application has been completed, and it has been transferred to USCIS office at Lee's summit , MO 64064. The office will notify you when they schedule an interview on the application."
I am the primary applicant and I am on H1. My husband was on H4 and now he is on EAD. My PD is July-04. Is any body in the same situation as me and received such transfer notice. I am really anxious about this. Please let me know is it somethign to worry about and what I take for the interview when I am called.
I will greatly appreciate any help with this.
Thanks.
"Preliminary Processing of the application has been completed, and it has been transferred to USCIS office at Lee's summit , MO 64064. The office will notify you when they schedule an interview on the application."
I am the primary applicant and I am on H1. My husband was on H4 and now he is on EAD. My PD is July-04. Is any body in the same situation as me and received such transfer notice. I am really anxious about this. Please let me know is it somethign to worry about and what I take for the interview when I am called.
I will greatly appreciate any help with this.
Thanks.
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pbojja
04-22 11:11 AM
Recently we have seen lot of 140 case transfers from NSC to TSC
I m starting this thread to track all the 140 transfers from NSC to TSC and approvals , Please use the below format
Type : EB3
RD to NSC : July 5 th 2007
Concurent Filing : NO
Tranfered to TSC : April 7 th 2008
Last Update : April 14 th 2008
Current Status : This case is now pending at the office to which it was transfered
Approval Date : Pending
I m starting this thread to track all the 140 transfers from NSC to TSC and approvals , Please use the below format
Type : EB3
RD to NSC : July 5 th 2007
Concurent Filing : NO
Tranfered to TSC : April 7 th 2008
Last Update : April 14 th 2008
Current Status : This case is now pending at the office to which it was transfered
Approval Date : Pending
more...
ivar
06-18 10:41 PM
I received the very heartbreaking news that my EB3 PERM application filed OCT 2007 (with audit) was denied. Audit was requesting a copy of the Newspaper AD which the lawyer sent last NOV 2007. Reson for denial was because the copy that the DOL recieved was not clear and some words as part of the Newspaper name was missing.... An appeal will be filed soon.
Any suggestions from the gurus?
I have bachelors with more than 5 years of experience, is it adviseable to file new PERM under EB2 category?
For people who filed motion or an appeal, could you please post your feedbacks/experiences?
also, im on my 7th yr extension and it will expire on FEB2010... will I have problems with my extension?
I had simillar situation as yours. My PERM was audited and than denied. I had appealed my case and after about 10 months of wait i ran out of patience and decided to withdrawn my appeal and file a new PERM. Please decide for yourself the best option. I think in your case appeal would be a better option because i assume you are extending your H1b based on your current PERM application. You can keep extending your H1b till your appeal is pending with a hope that it will be approved. Remember one thing you cannot file a new PERM with the same company for the same position. You can try to file a new perm for a different position through the same company as a backup, if your company is ready to support you.
Any suggestions from the gurus?
I have bachelors with more than 5 years of experience, is it adviseable to file new PERM under EB2 category?
For people who filed motion or an appeal, could you please post your feedbacks/experiences?
also, im on my 7th yr extension and it will expire on FEB2010... will I have problems with my extension?
I had simillar situation as yours. My PERM was audited and than denied. I had appealed my case and after about 10 months of wait i ran out of patience and decided to withdrawn my appeal and file a new PERM. Please decide for yourself the best option. I think in your case appeal would be a better option because i assume you are extending your H1b based on your current PERM application. You can keep extending your H1b till your appeal is pending with a hope that it will be approved. Remember one thing you cannot file a new PERM with the same company for the same position. You can try to file a new perm for a different position through the same company as a backup, if your company is ready to support you.
mundada
09-05 04:54 PM
no you do not have to wait.
more...
rajeshalex
03-14 09:15 PM
Hi All,
We received this letter and my wife is currently in India. She is comng back only after 2 months. Secondly this letter says it has been Xfrd to MO. We live in virginia. I am not sure how it went there.
Also let me know what all documents you guys carried.
Thank you
rajesh
We received this letter and my wife is currently in India. She is comng back only after 2 months. Secondly this letter says it has been Xfrd to MO. We live in virginia. I am not sure how it went there.
Also let me know what all documents you guys carried.
Thank you
rajesh
2010 The Hangover 2 Movie Poster.
Blog Feeds
10-04 11:10 PM
VIA The New York Times
"Although President Obama has put off an immigration overhaul until next year, the federal agency in charge of approving visas is planning ahead for the possibility of giving legal status to millions of illegal immigrants, the agency�s director said Thursday.
�We are under way to prepare for that,� Alejandro Mayorkas, the director of the agency, the United States Citizenship and Immigration Services, said in an interview. Mr. Obama has told immigration officials that a legalization program would be part of legislation the White House would propose, said Mr. Mayorkas, who became director in August. The agency�s goal, he said, is to be ready to expand rapidly to handle the gigantic increase in visa applications it would face if the legislation, known as comprehensive immigration reform, passed Congress."
Continue reading (http://www.nytimes.com/2009/10/02/us/politics/02immig.html)
More... (http://ashwinsharma.com/2009/10/02/president-obama-advises-uscis-to-prepare-for-possible-legalization-legislation-in-2010.aspx?ref=rss)
"Although President Obama has put off an immigration overhaul until next year, the federal agency in charge of approving visas is planning ahead for the possibility of giving legal status to millions of illegal immigrants, the agency�s director said Thursday.
�We are under way to prepare for that,� Alejandro Mayorkas, the director of the agency, the United States Citizenship and Immigration Services, said in an interview. Mr. Obama has told immigration officials that a legalization program would be part of legislation the White House would propose, said Mr. Mayorkas, who became director in August. The agency�s goal, he said, is to be ready to expand rapidly to handle the gigantic increase in visa applications it would face if the legislation, known as comprehensive immigration reform, passed Congress."
Continue reading (http://www.nytimes.com/2009/10/02/us/politics/02immig.html)
More... (http://ashwinsharma.com/2009/10/02/president-obama-advises-uscis-to-prepare-for-possible-legalization-legislation-in-2010.aspx?ref=rss)
more...
sundarpn
08-03 03:46 AM
If one is in their say 5th or 6th yr of H1 and has an Approved I-140 (copy) from a company A, does that mean:
1. that he can transfer his H1b to a company B and get 3 yr ext.
2. Again in the 8th or 9th year, can he move to another company C and get a 3 ext (upto 12th year).
So can one get infinite 3 yr extenstions just because once upon a time he/she had an approved I 140 from one of his ex-employers (and not his immediate previous emplyer). :)
1. that he can transfer his H1b to a company B and get 3 yr ext.
2. Again in the 8th or 9th year, can he move to another company C and get a 3 ext (upto 12th year).
So can one get infinite 3 yr extenstions just because once upon a time he/she had an approved I 140 from one of his ex-employers (and not his immediate previous emplyer). :)
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freedom1
01-19 04:19 PM
Hi to all,
This morning I received the e-mail message below.
Does this means that an approval letter has been sent to me?
Has anyone received such an e-mail?
Thanks,
Freedom1.
-----------------------------------------------------------
Application Type: I485, APPLICATION FOR STATUS AS A PERMANENT RESIDENT
Current Status: Document OTHER THAN CARD manufactured and mailed.
On January 19, 2007, we mailed the document we manufactured based on our earlier approval of this case, and mailed it to the address on we have on file. You should receive the new document within 30 days. If you do not, or if you move before you get it, call customer service.
This morning I received the e-mail message below.
Does this means that an approval letter has been sent to me?
Has anyone received such an e-mail?
Thanks,
Freedom1.
-----------------------------------------------------------
Application Type: I485, APPLICATION FOR STATUS AS A PERMANENT RESIDENT
Current Status: Document OTHER THAN CARD manufactured and mailed.
On January 19, 2007, we mailed the document we manufactured based on our earlier approval of this case, and mailed it to the address on we have on file. You should receive the new document within 30 days. If you do not, or if you move before you get it, call customer service.
more...
yagw
07-27 12:28 AM
I need your input.
My PD was Feb 2006-EB2.
I changed job on June 22nd to another company using EAD. Now the PD has become current for Aug.My old company and the new company are in different cities but it is the same state.
I was planning to apply for AC-21 but i have not gotten consistent pay checks yet. My first check was a partial check. I will have 2 consistent paychecks by Aug 15th.
1) Is it safe to just wait and see if i get a 485 approval without alerting USCIS about my job change?
I am thinking since the job change is very recent they might not know about this job change.
Its not mandatory to file AC21. If at all any RFE for EVL, you can respond at that time with your new job info.
2) If they denied my 485 application for any reason ,can i continue to work while i apply for "reconsidering my 485 application" and file AC-21 with the new company?
My understanding is, till your MTR is approved, you cannot work. Ofcourse, this applies only if you're using EAD based on that i-485. If you're still on H1/other visa or using EAD based on some other I-485, this wont apply to you.
Please advice what you think about this. Basically i am trying to "not rock the boat" and raise suspicion and more RFEs by notifying them about this very recent change.
I agree.. at this time just let it take the course...
Thank you very much for your advice and help in this matter.
BTW, if your address changed (since you mentioned the job is in different city), then you HAVE to file the AR-11 within 10 days. Don't take chance on that...
DISCLAIMER: I am not an Attorney and this is not a legal advice.
My PD was Feb 2006-EB2.
I changed job on June 22nd to another company using EAD. Now the PD has become current for Aug.My old company and the new company are in different cities but it is the same state.
I was planning to apply for AC-21 but i have not gotten consistent pay checks yet. My first check was a partial check. I will have 2 consistent paychecks by Aug 15th.
1) Is it safe to just wait and see if i get a 485 approval without alerting USCIS about my job change?
I am thinking since the job change is very recent they might not know about this job change.
Its not mandatory to file AC21. If at all any RFE for EVL, you can respond at that time with your new job info.
2) If they denied my 485 application for any reason ,can i continue to work while i apply for "reconsidering my 485 application" and file AC-21 with the new company?
My understanding is, till your MTR is approved, you cannot work. Ofcourse, this applies only if you're using EAD based on that i-485. If you're still on H1/other visa or using EAD based on some other I-485, this wont apply to you.
Please advice what you think about this. Basically i am trying to "not rock the boat" and raise suspicion and more RFEs by notifying them about this very recent change.
I agree.. at this time just let it take the course...
Thank you very much for your advice and help in this matter.
BTW, if your address changed (since you mentioned the job is in different city), then you HAVE to file the AR-11 within 10 days. Don't take chance on that...
DISCLAIMER: I am not an Attorney and this is not a legal advice.
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tpcool
05-31 05:21 PM
Hi,
I was wondering if anyone was ever able to change from Software Engineer to Technical Marketing Engineer (TME), using the AC21 portability rules. A TME needs similar level of technical skills as that of a Software Engineer, of course used for a different purpose.
A short description of this role (for those of you who don't know about this role)
The Technical Marketing Engineer role is exciting and challenging for the employee that enjoys equally working hands on with technology in the lab and marketing this knowledge to customers. Working with marketing, engineering, services and the sales channels
I really like to consider moving to TME roles. I see this as a first point to moving to Product Manager roles. One could move to Product Manager directly, but I guess the transition for a Software Engineer will be smooth, when he/she goes from Software Engineer -> TME -> Product Manager. The advantage with TME is, you can leverage your technical skills to perform this new role and then gradually hone your marketing/soft skills, to move to the Product Manager position. This is also the input I got from the Marketing Director of one of the reputed firms.
All looks good, but I am not sure if this transition to TME will be acceptable under the AC21 rules. It would be nice to know if anyone has ever able to do it successfully (without getting any RFEs/rejections). Right now, I have a feeling that I am totally stuck in the Software Engineer role and really like to explore my options.
Appreciate your thoughts on this
I was wondering if anyone was ever able to change from Software Engineer to Technical Marketing Engineer (TME), using the AC21 portability rules. A TME needs similar level of technical skills as that of a Software Engineer, of course used for a different purpose.
A short description of this role (for those of you who don't know about this role)
The Technical Marketing Engineer role is exciting and challenging for the employee that enjoys equally working hands on with technology in the lab and marketing this knowledge to customers. Working with marketing, engineering, services and the sales channels
I really like to consider moving to TME roles. I see this as a first point to moving to Product Manager roles. One could move to Product Manager directly, but I guess the transition for a Software Engineer will be smooth, when he/she goes from Software Engineer -> TME -> Product Manager. The advantage with TME is, you can leverage your technical skills to perform this new role and then gradually hone your marketing/soft skills, to move to the Product Manager position. This is also the input I got from the Marketing Director of one of the reputed firms.
All looks good, but I am not sure if this transition to TME will be acceptable under the AC21 rules. It would be nice to know if anyone has ever able to do it successfully (without getting any RFEs/rejections). Right now, I have a feeling that I am totally stuck in the Software Engineer role and really like to explore my options.
Appreciate your thoughts on this
more...
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uimv
03-15 01:55 PM
Incorrect!
Switching from H-1B to EAD comes under change in employee's eligibility. That's the reason new I-9 is filed (to reflect change in employee's employment eligibility).
Thanks.
So employer has to inform USCIS about EAD use. But in this case (and termination) the actual H1b cancellation is USCIS decision ?
(The pdf does not state what action USCIS will take)
Switching from H-1B to EAD comes under change in employee's eligibility. That's the reason new I-9 is filed (to reflect change in employee's employment eligibility).
Thanks.
So employer has to inform USCIS about EAD use. But in this case (and termination) the actual H1b cancellation is USCIS decision ?
(The pdf does not state what action USCIS will take)
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cagedcactus
07-31 07:22 AM
Your input is much appreciated. I filed my I 140.
Thanks a lot again.....
Thanks a lot again.....
more...
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gparr
March 3rd, 2004, 08:25 PM
Show off!! I'm happy if I can get unsharp mask to improve my images without leaving a bunch of artifacts. I need a good book about Photoshop that's written for photographers.
Gary
Gary
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codehari
04-09 12:46 PM
I did the same cruise with just Drivers License.
As ship travels in US waters no need to have VISA Stamping...
Unlike Alaska cruise ships leave US waters and enters Internationa waters, so you need VISA.
Cheers.
As ship travels in US waters no need to have VISA Stamping...
Unlike Alaska cruise ships leave US waters and enters Internationa waters, so you need VISA.
Cheers.
more...
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tikka
05-25 12:55 PM
any one???
New york is same day. Not sure about chicago.
Could you please send a web fax it will take less than a minute.
Thank you
New york is same day. Not sure about chicago.
Could you please send a web fax it will take less than a minute.
Thank you
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sendmailtojk
02-29 05:23 PM
Ok so herez the update. I went to the INS office and gave them all the details. and since I was supposed to travel out of the country in 3rd and 4th week of March, I requested the lady that if possible can you ask them to give me a date either before March 14th or after March 30th. She made a note of this and said that I should be expecting the FP notice soon.
So I get the FP Notice yesterday with an appointment date of 20th March. Great ... now I cant even go for the appointment. I guess will have to reschedule it.
I've read that its ok to reschedule the appointment just once but not more than once. Any advice on this would be really helpful.
thanks again Leoindiano for your advice !!
-----------------------
You can reschedule it as many times as you need. There is no limit. However, going by my experience, rescheduling third time will have the USCIS put your request at the bottom of the pile and it takes for ever to get the 3rd appointment letter.
Like in my case, go to a not-so-busy ASC (preferably in the non-urban area) and they will do your FP without a need to reschedule.
Thanks
JK
So I get the FP Notice yesterday with an appointment date of 20th March. Great ... now I cant even go for the appointment. I guess will have to reschedule it.
I've read that its ok to reschedule the appointment just once but not more than once. Any advice on this would be really helpful.
thanks again Leoindiano for your advice !!
-----------------------
You can reschedule it as many times as you need. There is no limit. However, going by my experience, rescheduling third time will have the USCIS put your request at the bottom of the pile and it takes for ever to get the 3rd appointment letter.
Like in my case, go to a not-so-busy ASC (preferably in the non-urban area) and they will do your FP without a need to reschedule.
Thanks
JK
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ashkam
08-06 12:11 PM
Took me 5 days from the Texas Center.
RandyK
11-28 11:47 AM
I guess we have to keep all this in mind when we ask for a bill that would solve the retrogression problem. Solving one problem and getting into others and ending up in the same place does not make sense.
Maybe we can suggest some relief measures to be added on to SKIL or CIR bill itself anticipating what USCIS, FBI and whatever other relavent organization is going to face, specially if something like the CIR passes, there is no way the current setup will be able to absorbe 12 to 20 million more cases even if they are added to the back of the list, giving priority to who is already in the pipeline.
Maybe we can suggest some relief measures to be added on to SKIL or CIR bill itself anticipating what USCIS, FBI and whatever other relavent organization is going to face, specially if something like the CIR passes, there is no way the current setup will be able to absorbe 12 to 20 million more cases even if they are added to the back of the list, giving priority to who is already in the pipeline.
gc??
11-09 02:06 PM
Fred Hochberg: America Makes What India Needs (http://www.huffingtonpost.com/fred-hochberg/america-makes-what-india-_b_781067.html?ir=Politics)