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Tuesday, June 7, 2011
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knowDOL
07-27 11:05 AM
If GC is not your priority and you are ready to pay money every year to your attorney you can leave your company in the middle of all this. If I were you, even if I am not from India or China I would not have left a company that has a PD of 2002.
After I140 approval your PD is locked and you can apply for H1B transfer along with 3 year extension and you can file I485 with your 2002 PD. Even though you are not from China or India noone is sure that EB2 world will be current throughout the 2007 fiscal year. So, one step at a time. Cool down and go slow.
Dear all
First of all..THANKS SO MUCH for taking the time to answer my questions!!! I needed that support! :)
Sorry i confused u all...here are my GC Filling details:
LC State: NJ
LC Category: EB2
LC PD: 24 SEP 02
I-140 FD: 15 JUNE 06
I-140 RD: 16 JUNE 06
I-140 LUD: 03 JULY 06
I-140 Receipt# : LIN-06-191-XXXXX
I-140 AD (If any): Still waiting!!!
Concurrent filing: NO
So my PD is 9/24/02. Yeah, i also read 180 days after filling I485 b4 i can leave my current company under AC21.
I guess the best option for me is to
** wait till my get my I140 approves,
** get my H1B extended for another 3 years (instead of 1 stupid year),
** Wait for at least 180 days
then move to another company (if i still get another job offer by then) Correct?? So by then, the new company should be able to transfer my H1B and finish up my GC process? But..but can my old company do anything to jeapodize my GC filling? eg: revoke my LC or I140???
More suggestions and opinions??? :o
Given my PD is 9/2002 (EB2), I won't be affected by the retrogression right? if i am not an India or China citizen.
Pls advise
Sky
After I140 approval your PD is locked and you can apply for H1B transfer along with 3 year extension and you can file I485 with your 2002 PD. Even though you are not from China or India noone is sure that EB2 world will be current throughout the 2007 fiscal year. So, one step at a time. Cool down and go slow.
Dear all
First of all..THANKS SO MUCH for taking the time to answer my questions!!! I needed that support! :)
Sorry i confused u all...here are my GC Filling details:
LC State: NJ
LC Category: EB2
LC PD: 24 SEP 02
I-140 FD: 15 JUNE 06
I-140 RD: 16 JUNE 06
I-140 LUD: 03 JULY 06
I-140 Receipt# : LIN-06-191-XXXXX
I-140 AD (If any): Still waiting!!!
Concurrent filing: NO
So my PD is 9/24/02. Yeah, i also read 180 days after filling I485 b4 i can leave my current company under AC21.
I guess the best option for me is to
** wait till my get my I140 approves,
** get my H1B extended for another 3 years (instead of 1 stupid year),
** Wait for at least 180 days
then move to another company (if i still get another job offer by then) Correct?? So by then, the new company should be able to transfer my H1B and finish up my GC process? But..but can my old company do anything to jeapodize my GC filling? eg: revoke my LC or I140???
More suggestions and opinions??? :o
Given my PD is 9/2002 (EB2), I won't be affected by the retrogression right? if i am not an India or China citizen.
Pls advise
Sky
austinsamb
05-12 09:53 AM
Some people say this is 6 months, I am not sure and I have been asking on various forums but haven't received a concrete answer yet.
I travelled out of country last year for few days and got back on November 2008 and my H1 Visa expired on March 2009 (4 months) and I had no problems at the port of entry. I-94 was valid till H1 expiry date. So I dont think the 6 month rule exists but I'm not sure about the 3 month rule. My renewal H1 was also pending approval during my travel.
I travelled out of country last year for few days and got back on November 2008 and my H1 Visa expired on March 2009 (4 months) and I had no problems at the port of entry. I-94 was valid till H1 expiry date. So I dont think the 6 month rule exists but I'm not sure about the 3 month rule. My renewal H1 was also pending approval during my travel.
sanju_dba
09-27 12:19 PM
Poll shows 94% of them support this , now what next?
- is it legit for IV?
- does it needs to be integrated with IV website?
Waiting for Admin's reply.
- is it legit for IV?
- does it needs to be integrated with IV website?
Waiting for Admin's reply.
chandrajp
08-15 03:56 PM
Did you use AC21? how long ago you applied for 485?
Yes, I used. But I did not inform USCIS when I switched jobs. The problem happened with my old employer's employment. It did not give good description of my job duties. That is the reason IO asked for the latest employment letter. I sent latest employment letter and three latest pay stubs and I think attorney might have attached a covering letter. After USCIS received on 06/19, I got approved on 06/29 this year
Yes, I used. But I did not inform USCIS when I switched jobs. The problem happened with my old employer's employment. It did not give good description of my job duties. That is the reason IO asked for the latest employment letter. I sent latest employment letter and three latest pay stubs and I think attorney might have attached a covering letter. After USCIS received on 06/19, I got approved on 06/29 this year
more...
ashshef
09-11 06:40 PM
There has been a understanding that the number of EB cases (EB2+EB3) with PD of 2005 is very less compared to previous years (close to 8000 i believe). If thats the case and assume 2004 cases are cleared why didnt the VB make more advance movements?
I could be off by a few hundred, but I believe the per country quota caps EB2-I to about 2600. Keeping in mind that the least number of cases was likely in the period of Apr-Aug, due to the new process and uncertainity around Perm, that would still mean a lot of cases in the first quarter and last quarter of 2005. That would still mean slow progress through the first quarter of 2005 before we see significant movement.
I wouldn't be surprised if there is no movement or negative movement in the next couple of months, before they hit the next quarter. I don't anticipate them getting too far before they are ready for the spillover at the end of FY2010.
I know of atleast 3 big companies which were not filing Perm till atleast Sep 2005. But they had a lot of filings in the last 2 weeks of March.
I could be off by a few hundred, but I believe the per country quota caps EB2-I to about 2600. Keeping in mind that the least number of cases was likely in the period of Apr-Aug, due to the new process and uncertainity around Perm, that would still mean a lot of cases in the first quarter and last quarter of 2005. That would still mean slow progress through the first quarter of 2005 before we see significant movement.
I wouldn't be surprised if there is no movement or negative movement in the next couple of months, before they hit the next quarter. I don't anticipate them getting too far before they are ready for the spillover at the end of FY2010.
I know of atleast 3 big companies which were not filing Perm till atleast Sep 2005. But they had a lot of filings in the last 2 weeks of March.
I-485 approval
08-20 12:37 PM
Hi Bheemi,
Thanks for your response. I did go the infopass and they said that my case is now under EB2 but they are not willing to give any written proof that my case is under Eb2. They told me that they sent a letter to my lawyer 2 weeks ago but so far my lawyer didn't recieve any letter from them.
Did you get your approval? if yes how much time it took for the entire process (after upgrade from Eb3 to Eb2)
Thanks
Thanks for your response. I did go the infopass and they said that my case is now under EB2 but they are not willing to give any written proof that my case is under Eb2. They told me that they sent a letter to my lawyer 2 weeks ago but so far my lawyer didn't recieve any letter from them.
Did you get your approval? if yes how much time it took for the entire process (after upgrade from Eb3 to Eb2)
Thanks
more...
kirupa
01-02 06:38 PM
glos - that is fine :) Feel free to submit it then!
jsb
12-11 12:08 PM
Does anybody know what is the current fee for H1B transfer (from one employer to another), and how long does it take.
more...
CantLeaveAmerica
04-16 02:06 PM
I am willing to move to Flower Mound, TX. Any info will be greatly appreciated!
Hi,
I used to live in Dallas, TX before. Flower Mound is an excellent place, great school district if u have kids, lovely houses and residential community, close to both DFW airport and Grapevine Mills Mall...u couldnt ask for a better place!
Hi,
I used to live in Dallas, TX before. Flower Mound is an excellent place, great school district if u have kids, lovely houses and residential community, close to both DFW airport and Grapevine Mills Mall...u couldnt ask for a better place!
mss007
07-21 04:36 PM
My H1B approved in June 2005 (Renewal) and it was until June 2008, now it is showing Case received and Pending :eek: don't know the reason.
I got other H1B in Feb 2006 (H1 transfer) but this is fine.... So I didn't care that one.
I think these are system issues so don't worry....................
Let us know if again any changes on your I140..
~
ss
I got other H1B in Feb 2006 (H1 transfer) but this is fine.... So I didn't care that one.
I think these are system issues so don't worry....................
Let us know if again any changes on your I140..
~
ss
more...
trueguy
04-28 12:04 PM
No issues for me when I came back on H1B on 4/20/2009.
I had a H1B stamped on my passport from my previous employer and I was carrying new H1B approval notice from my current employer. I got I-94 till the validity of my new H1B approval from my current employer.
No issues whatsoever, no question asked and it was smooth sail.
I had a H1B stamped on my passport from my previous employer and I was carrying new H1B approval notice from my current employer. I got I-94 till the validity of my new H1B approval from my current employer.
No issues whatsoever, no question asked and it was smooth sail.
diptam
02-18 05:36 PM
Look, the law is that the H1B employer must pay the promised LCA to the employee where he/she is in Project or out of Project or playing or vacationing or training .... As long as the employer doesn't terminate the employment they are supposed to pay the minimum wage.
If they don't pay and neither terminate - its a illegal thing. I completely understand what you are asking :)
when a person is on H1B and out of project and no paystubs, Will there be any issue with 485 processing.
If they don't pay and neither terminate - its a illegal thing. I completely understand what you are asking :)
when a person is on H1B and out of project and no paystubs, Will there be any issue with 485 processing.
more...
singhsa3
12-16 09:26 AM
A freind of mine had two years EAD and don't have H1 anymore. His drivers License was denied as EAD is not considered a valid document for drivers License extention.
This happened in Wayne , NJ.
I too will be going for the renewal soon. Did anyone else faced similar situtation. If yes, how did they resolve?
This happened in Wayne , NJ.
I too will be going for the renewal soon. Did anyone else faced similar situtation. If yes, how did they resolve?
sanagani
03-08 02:54 PM
Appreciate your answer,,thank you
more...
averagedesi
08-29 09:14 PM
mate i am in the same boat as you. but I personally don't think anything can be done to change that. It is completely based on IO's judgement when approving application.
There should be some basis for their judgement right? they just cannot make arbitrary decisions right? The thing is I am not sure what the procedure is when there are issues with the EAD. I am apprehensive to return my EAD for USCIS to make the correction as it expires in 3 weeks
There should be some basis for their judgement right? they just cannot make arbitrary decisions right? The thing is I am not sure what the procedure is when there are issues with the EAD. I am apprehensive to return my EAD for USCIS to make the correction as it expires in 3 weeks
ita
06-17 02:33 PM
Do u have to inform USCIS everytime u change job or just first time would be sufficient?
Thank you.
Thank you.
more...
bliss_yyu
07-20 08:16 AM
no, i think you are exempt from cap. lucky u!
koppula09
01-04 05:43 PM
Thanks a lot for your quick response guys. I decided to wait till INS decision to approve the H1.
If it is +ve there wont be any problem, well & good!
If not immediately go to Canada/India/.. and get stamped with H4 and safely comeback and do try what ever we want.
Otherway is, as the person status is in pending which is not illegal, we can apply H1 with relevant documentation with some other employer, but this need to be done before final result comes out from INS.
I believe these options looks logical. Hope verything goes well!
If it is +ve there wont be any problem, well & good!
If not immediately go to Canada/India/.. and get stamped with H4 and safely comeback and do try what ever we want.
Otherway is, as the person status is in pending which is not illegal, we can apply H1 with relevant documentation with some other employer, but this need to be done before final result comes out from INS.
I believe these options looks logical. Hope verything goes well!
lostinbeta
10-16 05:09 PM
No problem :)
martinvisalaw
06-03 06:15 PM
CIS should not have asked for an Affidavit of Support, but the other documents are normal. It is not unheard of for employment-based I-485 applicants to be interviewed, but usually they are not called if the priority date is not current. CIS might have confused your case with a family matter. However, you should attend the interview, and send all documents they request except the I-864. You can explain that an Aff. of Support should not be required in an EB case.
lskreddy
07-30 10:11 AM
Pappu - I agree with you in totality that it is an opportunity wasted when people focus on the individual issues. But, after listening in on a couple of calls, I find the whole call to be not much of use as they always defer the question with 'we have asked the TSC to find out' or 'that is for the USCIS to answer'.
I appreciate a channel of communication and a watchdog for USCIS activities but when communicating regarding problems with USCIS, I see ombudsman's office as a level of indirection. They seem to identify problems, pass on as a report that gets nowhere or gets partially addressed.
If USCIS took cues and had allowed a conference call with the USCIS leadership directly, or if one of us (could be me but I need some ideas as to how to approach) could do such a thing, we could see far more benefit in gathering more significant problems and getting them answered.
I would rather hear the news from the 'horse's mouth' than listening to someone who barely has an influence. I would gladly stand corrected if history has shown otherwise.
I appreciate a channel of communication and a watchdog for USCIS activities but when communicating regarding problems with USCIS, I see ombudsman's office as a level of indirection. They seem to identify problems, pass on as a report that gets nowhere or gets partially addressed.
If USCIS took cues and had allowed a conference call with the USCIS leadership directly, or if one of us (could be me but I need some ideas as to how to approach) could do such a thing, we could see far more benefit in gathering more significant problems and getting them answered.
I would rather hear the news from the 'horse's mouth' than listening to someone who barely has an influence. I would gladly stand corrected if history has shown otherwise.
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Our pick for best phone isn't just crowning the newest iPhone and calling it a day, though our list does have a lot of familiar names: Apple, Samsung, Google, Xiaomi, Oppo, Vivo and LG, all in the top 15. Newer companies in the US like Huawei and OnePlus make the list, too, though their limited availability is noted.