seahawks
07-26 11:32 PM
For the experts on this board, my H1 expires on 9/30/07. Should I wait till after Aug. 17 to qualify for a 3-year extension?
jazz
if you qualified and filed for 485 depending on your PD, you most probably will get only 1 year extension. I just filed mine May 29th for 3 years and filed my 485 June 8th but when approved I got my H1 extension approved only for 1 year. I may be wrong, just referencing what my lawyer said..
jazz
if you qualified and filed for 485 depending on your PD, you most probably will get only 1 year extension. I just filed mine May 29th for 3 years and filed my 485 June 8th but when approved I got my H1 extension approved only for 1 year. I may be wrong, just referencing what my lawyer said..
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RamBihari
02-23 05:25 PM
I successfully ported from EB3 to EB2 in the same company while on EAD
Now i am working on the new Eb2 position using the EAD obtained from the EB3 position. I have still not filed my Eb2 485 since dates are not current (priority date jan 2007)
The new Eb2 job description was similiar to Eb3 but the difference was that now it required masters degree and 1 year experience. This is becasue of more resposnitlity and supervisory role in the eb2 position. Also natural progression...
I qualified for the Eb2 position without using the Experience gained in the existing company. I had masters and previous experience which was used for qualification....
Also the older Eb3 position does not exist as it was modified to the new Eb2 position as the role now required more complexity...
Sharing my experience and wondering if everything is ok with my current situation? I do not have a h1b. I still work on EAd obtained from the Eb3 app and travel on AP and have not had any issues yet....
Hopefully you'll get green card in July.
Porting is not that big of an issue as it may seem, its just matter of employer being willing to cooperate with applicants, rest of things falls into place itself.
Now i am working on the new Eb2 position using the EAD obtained from the EB3 position. I have still not filed my Eb2 485 since dates are not current (priority date jan 2007)
The new Eb2 job description was similiar to Eb3 but the difference was that now it required masters degree and 1 year experience. This is becasue of more resposnitlity and supervisory role in the eb2 position. Also natural progression...
I qualified for the Eb2 position without using the Experience gained in the existing company. I had masters and previous experience which was used for qualification....
Also the older Eb3 position does not exist as it was modified to the new Eb2 position as the role now required more complexity...
Sharing my experience and wondering if everything is ok with my current situation? I do not have a h1b. I still work on EAd obtained from the Eb3 app and travel on AP and have not had any issues yet....
Hopefully you'll get green card in July.
Porting is not that big of an issue as it may seem, its just matter of employer being willing to cooperate with applicants, rest of things falls into place itself.
jq45
06-15 10:49 AM
I just called the USCIS National Customer Service Center at 1-800-375-5283 to get clarification.
The representative I talked to checked with her supervisor, and her response was the following:
- The OMB number at the top is something related to the medical board and has nothing to do with the USCIS. The expiry date is irrelevant to the USCIS. The USCIS only cares about the revision date at the bottom (09/16/05).
In other words, the form that is currently on the USCIS web site is acceptable now and in the future (past 6/30/07) until whenever the USCIS changes which revision of the I-693 will be considered acceptable.
Thank you to everyone for their quick responses!
The representative I talked to checked with her supervisor, and her response was the following:
- The OMB number at the top is something related to the medical board and has nothing to do with the USCIS. The expiry date is irrelevant to the USCIS. The USCIS only cares about the revision date at the bottom (09/16/05).
In other words, the form that is currently on the USCIS web site is acceptable now and in the future (past 6/30/07) until whenever the USCIS changes which revision of the I-693 will be considered acceptable.
Thank you to everyone for their quick responses!
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nepaliboy
08-06 07:16 PM
i saw lud on i-140 in 7-13-08 and lud on i-485 on 7-22-08 but my PD is not current .
i am Row pd 2005 september.
i am Row pd 2005 september.
more...
izolo
06-04 10:29 AM
thank you very much for your help. It makes me feel much better now.just the employer has told me that the business is low these days, will their incom and cotracts will review again? it is a very small size company.
Thanks again
Thanks again
ChainReaction
04-24 08:51 AM
I just got my wife's h4 approval letter today but the I-94 does not have any validity period on it, its blank?? Moreover, We received two more i539 approval notices sames as my wifes without any validity period under my wife's name (Applicant)... beneficiary were for two kids age 9,11 totally different last names/Nationality :confused: Are the CSC processing people smoking something:eek:
I will call them tomorrow, I was wondering if anyone else also had this experience, do we have to travel outside the country to get I-94 stamped? my H1B approval has not arrived yet but the status online says approved. Our old I-94 on the passport have already expired, will that be a problem?
I just called the service center 800 number, the lady told me that if i feel it is CSC mistake i should make an infopass appointment else file I102. I would like to know if i have to travel back to my home country to get the I-94 stamped with the validity period on it or is it just a mistake on CSC part? ANY ONE in similar situation please help.
I will call them tomorrow, I was wondering if anyone else also had this experience, do we have to travel outside the country to get I-94 stamped? my H1B approval has not arrived yet but the status online says approved. Our old I-94 on the passport have already expired, will that be a problem?
I just called the service center 800 number, the lady told me that if i feel it is CSC mistake i should make an infopass appointment else file I102. I would like to know if i have to travel back to my home country to get the I-94 stamped with the validity period on it or is it just a mistake on CSC part? ANY ONE in similar situation please help.
more...
ImmigrationAnswerMan
06-30 03:06 PM
Wish Good:
Did you or your attorney file a Motion to Reopen the USCIS denial? If not, then it looks like USCIS decided to reopen the denial on their own motion. Of course there is also the possibility that it is a mistake in the case status. Your local USCIS office might be able to tell you more with an Infopass appointment, but if the file is pending at one of the Service Centers they might not be able to tell you more. It will depend on what the officer put in the USCIS computer system. Without more information that is the most I can tell you.
Did you or your attorney file a Motion to Reopen the USCIS denial? If not, then it looks like USCIS decided to reopen the denial on their own motion. Of course there is also the possibility that it is a mistake in the case status. Your local USCIS office might be able to tell you more with an Infopass appointment, but if the file is pending at one of the Service Centers they might not be able to tell you more. It will depend on what the officer put in the USCIS computer system. Without more information that is the most I can tell you.
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aperregatturv
10-26 04:00 PM
Can I fill AP directly instead of going thru the lawyer?
Thanks
Thanks
more...
sreekanth
10-02 07:01 PM
I was also lucky to meet one of their executive editors to whom I explained the issues posed by retrogression. He was very supportive but informed that he has been hearing from the other side as well.( I guess from NumbersUSA).
We too should be pro-active in campaigning to media about our valid cause.
I just sent the following E-mail to the Information Week Editors.
Sub:Your help requested for Skilled IT wokers to get their greencards
Dear Mr.McGee,
I had a chance to read your article about the issues
faced due to the H1B caps and the Greencard
Retrogression.("Time Is Running Out For H-1B Visa Cap
To Be Raised--Or Is It?"-Information
Week,Dt:06-Sep-06)
Thanks much for your insight about the SKILL bill.
It would be of great help if you could write more
Articles about the retrogression issues. Thousands of
unfortunate skilled workers like me have been caught
in the 'Retrogression' black hole and there is no
relief is visible in any near future.I have been
waiting for more than 5 years for my green card in
vain. We are in a state of limbo and are almost
similar to bonded laborers since our professional
mobility is very much limited.
People talk so much about the CIR and Illegal aliens
but very few people even know about the plight of the
LEGAL SKILLED workers.The retrogression has not only
affected my immediate future but it has also
negatively impacted the future of family/kids as well.
Our final hope is residing on the SKILL Bill and we
pray that it will be some how be passed in the
lame-duck session as you mentioned in your article.
Hundreds of Skilled workers like me have given up hope
already and are returning to their countries or are
looking for opportunities in other countries like
Canada etc. This also is having a significant negative
impact on US economy.
Just to give an example: Atleast 100,000 Skilled
workers are holding off the decision to buy a house
since they are not sure about their future here in US.
This amounts approximately to $30,000,000,000 (100000
X $300,000) inflow of money that could give a big
boost to the declining US Housing market.
It is sad to see that so many experienced LEGAL people
leaving this country due to immigration caps.
I kindly request you to publish a cover story on this
serious issue before the lame-duck session. I am sure
your words will have a big impact on the CEO's and
CIO's who in turn can lobby among the senators for our
cause.
Thanks again for your help so far.
Regards,
Sreekanth
We too should be pro-active in campaigning to media about our valid cause.
I just sent the following E-mail to the Information Week Editors.
Sub:Your help requested for Skilled IT wokers to get their greencards
Dear Mr.McGee,
I had a chance to read your article about the issues
faced due to the H1B caps and the Greencard
Retrogression.("Time Is Running Out For H-1B Visa Cap
To Be Raised--Or Is It?"-Information
Week,Dt:06-Sep-06)
Thanks much for your insight about the SKILL bill.
It would be of great help if you could write more
Articles about the retrogression issues. Thousands of
unfortunate skilled workers like me have been caught
in the 'Retrogression' black hole and there is no
relief is visible in any near future.I have been
waiting for more than 5 years for my green card in
vain. We are in a state of limbo and are almost
similar to bonded laborers since our professional
mobility is very much limited.
People talk so much about the CIR and Illegal aliens
but very few people even know about the plight of the
LEGAL SKILLED workers.The retrogression has not only
affected my immediate future but it has also
negatively impacted the future of family/kids as well.
Our final hope is residing on the SKILL Bill and we
pray that it will be some how be passed in the
lame-duck session as you mentioned in your article.
Hundreds of Skilled workers like me have given up hope
already and are returning to their countries or are
looking for opportunities in other countries like
Canada etc. This also is having a significant negative
impact on US economy.
Just to give an example: Atleast 100,000 Skilled
workers are holding off the decision to buy a house
since they are not sure about their future here in US.
This amounts approximately to $30,000,000,000 (100000
X $300,000) inflow of money that could give a big
boost to the declining US Housing market.
It is sad to see that so many experienced LEGAL people
leaving this country due to immigration caps.
I kindly request you to publish a cover story on this
serious issue before the lame-duck session. I am sure
your words will have a big impact on the CEO's and
CIO's who in turn can lobby among the senators for our
cause.
Thanks again for your help so far.
Regards,
Sreekanth
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chanduv23
09-14 12:11 PM
Do we want to be known as a bunch of macacas??????
Come on folks, lets get going .......nothing should stop you
Come on folks, lets get going .......nothing should stop you
more...
aranya
07-03 06:27 PM
What if previous employer withdraws approved I140 after changing jobs? In my case it has been more than 180 days after approval of 140/485. Is the PD still portable?
YES
YES
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chansek
07-22 02:08 AM
rajeshiv, Thank you for your response. I mean, i used my personnel check (My Checking A/C with Chase) to pay the I-485, EAD and Advance Parole fees.
Please let me know if this cause any problems.
Thank you for all your help.
Please let me know if this cause any problems.
Thank you for all your help.
more...
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santosh_3000
07-18 12:11 PM
Hi,
I applied I-140 using substituted labor(13th July 2007, receipt no yet to come) on future employment basis ..
Since, USCIS has allowed filing for I-485, I wanted to file my I485, with my future employer but he is not ready to file I485 until I come to his payroll.
I need your valuable suggestions to make my decision, my questions are:
1. If I want to join on his payroll, I have to leave my existing company/Client, so that I485 can be filed ... Should I agree for this? what's your opinion???
2.How safe do you think, idea of leaving my current established long term client and finding new client through him , for filing i485 purpose ?
3. Also, I am not sure about how/when my labor substitution will be approved? And in worst case, if it gets rejected, where I am going to be( I completed 3.5 years on my H1 visa which means I have 2.5 years remaining in my 6 year)???
5.What are the benefits (and in what timeframe) I can expect if I decide to file I485 now ?
Many Thanks in Advance!!
I applied I-140 using substituted labor(13th July 2007, receipt no yet to come) on future employment basis ..
Since, USCIS has allowed filing for I-485, I wanted to file my I485, with my future employer but he is not ready to file I485 until I come to his payroll.
I need your valuable suggestions to make my decision, my questions are:
1. If I want to join on his payroll, I have to leave my existing company/Client, so that I485 can be filed ... Should I agree for this? what's your opinion???
2.How safe do you think, idea of leaving my current established long term client and finding new client through him , for filing i485 purpose ?
3. Also, I am not sure about how/when my labor substitution will be approved? And in worst case, if it gets rejected, where I am going to be( I completed 3.5 years on my H1 visa which means I have 2.5 years remaining in my 6 year)???
5.What are the benefits (and in what timeframe) I can expect if I decide to file I485 now ?
Many Thanks in Advance!!
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eb3_nepa
03-04 11:44 AM
So much for the Obama administration being good for Legal EB immigrants :)
more...
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masti_Gai
01-05 12:50 PM
He needs to find a consultant who can sponsor a H1B for him. But H1B for this fiscal year is over he might have to wait for the fiscal year of 2008
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member123
09-17 10:10 AM
Any idea what we are trying to achieve here?
If you guys thing i am dumb, you are more then welcome to think that, but i am still confused about the thread.
the reason is to see the processing date relation with LUD, i am sure like we all can see that USCIS has no standard pattern.
many of them has LUD 08/05...i read here that someone applied in april end in tsc lud before 8/05 got approved, and someone who has filed before april at tsc and lud 8/05 no update yet.
which is my case too, so was trying to see if any one in the same boat like me and has any other update.
If you guys thing i am dumb, you are more then welcome to think that, but i am still confused about the thread.
the reason is to see the processing date relation with LUD, i am sure like we all can see that USCIS has no standard pattern.
many of them has LUD 08/05...i read here that someone applied in april end in tsc lud before 8/05 got approved, and someone who has filed before april at tsc and lud 8/05 no update yet.
which is my case too, so was trying to see if any one in the same boat like me and has any other update.
more...
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addsf345
11-19 01:29 PM
The vermont service center says 2 months for h1b extensions, mine has been pending for 75 days, so i called the uscis today and guess what they told me, the processing times have been updated on teh web site but it is very difficult for us to follow them, i would suggest you wait for 90 days and see if there is any change in your online status if not call me back.
Then why do these people keep updating monthly processing dates if they cannot stick to their words.
I believe the processing times are just a gimmick to show progress to press....:mad:
Guess what, CIS @ NSC, TSC looks like never want to cross even the processing dates beyond July 2007. I will be not surprised if they do not cross July 2007 for another year.
Then why do these people keep updating monthly processing dates if they cannot stick to their words.
I believe the processing times are just a gimmick to show progress to press....:mad:
Guess what, CIS @ NSC, TSC looks like never want to cross even the processing dates beyond July 2007. I will be not surprised if they do not cross July 2007 for another year.
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gcformeornot
03-24 06:00 PM
How come h1 transfer gives me the solution?
do you mean to say goto any employer whoever gets job?
Start New GC process again with new employer. And since your old 140 is approved port your PD when when you file new 140 with new employer.
do you mean to say goto any employer whoever gets job?
Start New GC process again with new employer. And since your old 140 is approved port your PD when when you file new 140 with new employer.
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EndlessWait
12-30 06:48 PM
if not ..u should take a chance
coolmanasip
08-16 08:06 PM
Kondur - First, thanks for your reply. Its all volunteer time here and I appreciate your time to help me out.
The way I read it, and its not becos I want to read it like that, the AC21 memo all the time talks about "Same or similar occupational classification" not same/similar job. There is a world of difference here. Same job means we have to be the same engineer or programmer that we were about 4 yrs ago. Thats not the intent of the law. The law says occupational classification, which means job category.....Engineering or whatever we do....so I think there is a difference....
I checked my current SOC code and that is under 17-2051- Civil Engineer...The SOC language also says this "Supervisors of major professions groups 13-29 (including 17) have experience and perform the same duties as the workers they supervise and hence are classified in the same group" ---- This tells me that if you oversee engineers doing technical work, that is fine.
Now, the management part of the "Director" title is a concern. So,if we take that into account, in worst the classification would be under 11-9141- Architectural and Engineering Managers. Which, I believe, would still qualify under the (if not same) similar occupational classification. On DOL website, under 11-9141, in related occupations - one of them is 17-2051 Civil Engineer. So, again, I think we should meet same/similar occupational classification.
I talked to one of the lawyers from Murthy firm, and they seem to see this as meeting the requirements. While she did say that I was pushing the envelope, she said CIS is pretty liberal in this interpretation and would not be an issue.
Having said this, is there a possibility that CIS could get restrictive about their interpretation - absolutely! And there is that risk that would jeopardize the whole process....so, here we are, insulting our own intelligence because an agency would not define in black and white what is acceptable and what is not.....
sorry for a long rant.....have not decide what to do yet.....realistically, GC should be here in another 10 months.....thanks for your time
The way I read it, and its not becos I want to read it like that, the AC21 memo all the time talks about "Same or similar occupational classification" not same/similar job. There is a world of difference here. Same job means we have to be the same engineer or programmer that we were about 4 yrs ago. Thats not the intent of the law. The law says occupational classification, which means job category.....Engineering or whatever we do....so I think there is a difference....
I checked my current SOC code and that is under 17-2051- Civil Engineer...The SOC language also says this "Supervisors of major professions groups 13-29 (including 17) have experience and perform the same duties as the workers they supervise and hence are classified in the same group" ---- This tells me that if you oversee engineers doing technical work, that is fine.
Now, the management part of the "Director" title is a concern. So,if we take that into account, in worst the classification would be under 11-9141- Architectural and Engineering Managers. Which, I believe, would still qualify under the (if not same) similar occupational classification. On DOL website, under 11-9141, in related occupations - one of them is 17-2051 Civil Engineer. So, again, I think we should meet same/similar occupational classification.
I talked to one of the lawyers from Murthy firm, and they seem to see this as meeting the requirements. While she did say that I was pushing the envelope, she said CIS is pretty liberal in this interpretation and would not be an issue.
Having said this, is there a possibility that CIS could get restrictive about their interpretation - absolutely! And there is that risk that would jeopardize the whole process....so, here we are, insulting our own intelligence because an agency would not define in black and white what is acceptable and what is not.....
sorry for a long rant.....have not decide what to do yet.....realistically, GC should be here in another 10 months.....thanks for your time
desi3933
03-30 11:00 AM
......
(a) What will be the status of my wife and son after the 2 month period?
(b) How will I be able to keep my wife and son in a legal status, after the 2 month period
.....
Congratulations on your permanent resident status (aka green card holder).
1. Your spouse and child are NOT in H4 status anymore effective your I-485 approval date.
2. Since they have filed for I-485, they are in valid AOS Pending status.
3. They must use AP to re-enter USA
_________________
Not a legal advice.
(a) What will be the status of my wife and son after the 2 month period?
(b) How will I be able to keep my wife and son in a legal status, after the 2 month period
.....
Congratulations on your permanent resident status (aka green card holder).
1. Your spouse and child are NOT in H4 status anymore effective your I-485 approval date.
2. Since they have filed for I-485, they are in valid AOS Pending status.
3. They must use AP to re-enter USA
_________________
Not a legal advice.
