sashram97
09-15 03:21 PM
Hi,
I-485 filed in july 2007. I-140 cleared in 2005.
We filed for GC in 2003 (eb3) in spite of my husband having two advanced degrees (M.Tech and Ph.d) but he is not working in the same field of ph.d. His company randomly filed in eb3 for all the employees.
But now my husband is diagnosed with chronic disease. We are thinking if we switch to eb2 since he is eligible to do that, atleast he would get some medical benefits for the treatment.
How do we proceed with this? Do we have to file labor again?
Any suggestions would be really appreciated.
I-485 filed in july 2007. I-140 cleared in 2005.
We filed for GC in 2003 (eb3) in spite of my husband having two advanced degrees (M.Tech and Ph.d) but he is not working in the same field of ph.d. His company randomly filed in eb3 for all the employees.
But now my husband is diagnosed with chronic disease. We are thinking if we switch to eb2 since he is eligible to do that, atleast he would get some medical benefits for the treatment.
How do we proceed with this? Do we have to file labor again?
Any suggestions would be really appreciated.
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kanshul
05-25 08:32 AM
The important thig is the period since yoour last admission to the US before July 2007.
Say you entered in Apr 2007 then you would not have accumulated 180 days of unauthourized stay in US before filling 485 and you will be OK.
Say you entered in Apr 2007 then you would not have accumulated 180 days of unauthourized stay in US before filling 485 and you will be OK.
rockstart
09-19 12:35 PM
I know some people whose employers are lazy not to file new LCA when they switch jobs and move states. Some employers do it because they want to run payroll from certain states like Texas Florida where there is no state tax. I guess these people claim in consulate that they stay at the location where the employer is based and fly in -out to client places so do not need LCA of those places as they are not residents of that state. This is risky but consulates do not ask for LCA in most often cases never heard of any till now. Just pray you are lucky this time & from next time make sure your employer does it on time.
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WeShallOvercome
08-22 12:28 PM
Hi,
I did not sign in the 325 form...where it says that sign here
"if your native alphabet is other than Roman letters, write your name in native alphabet below".
Would this be a concern?
Thanks
Your question is not clear.
did you forget to sign the G-325A form where it says "Sign here"
OR
did you forget to write your name in native alphabet?
In first case, it will be considered improperly filed and chances are it will be rejected.
In second case, even if your native language is other than English, the person who does initial review will not know that and it will be accepted and processed.
I hope it is the second case .
I did not sign in the 325 form...where it says that sign here
"if your native alphabet is other than Roman letters, write your name in native alphabet below".
Would this be a concern?
Thanks
Your question is not clear.
did you forget to sign the G-325A form where it says "Sign here"
OR
did you forget to write your name in native alphabet?
In first case, it will be considered improperly filed and chances are it will be rejected.
In second case, even if your native language is other than English, the person who does initial review will not know that and it will be accepted and processed.
I hope it is the second case .
more...
rajeshalex
12-13 09:44 AM
seems to be a good idea
tc2007
05-08 05:53 PM
Hi
My I140 has been denied 2 times. 1st time was in EB3 Professional and 2nd was in EB3 Skilled worker category. I am not sure the reason for the 2nd denial since I am waiting for the notice letter.
I urgently need an attorney who has recently cleared a few cases with 3 year degree (only 3 year degree not combination with Masters / Diploma etc)
If you are someone who has 3 year degree and recently got approval, please IM me your attorney's details.
Thanks
My I140 has been denied 2 times. 1st time was in EB3 Professional and 2nd was in EB3 Skilled worker category. I am not sure the reason for the 2nd denial since I am waiting for the notice letter.
I urgently need an attorney who has recently cleared a few cases with 3 year degree (only 3 year degree not combination with Masters / Diploma etc)
If you are someone who has 3 year degree and recently got approval, please IM me your attorney's details.
Thanks
more...
TwinkleM
07-02 02:16 AM
If the H1 - transfer gets denied, isn't there an option of filling a appeal? I guess, one has 15 days to get out of the country, but he or she ca file & appeal & stay in the country but cannot work...
Pls. correct me if I am wrong...
Pls. correct me if I am wrong...
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kirupa
10-27 10:37 PM
Did anyone else try converting this to plaintext before realizing it was random?
I was about to try to decipher it before you just mentioned that haha.
I was about to try to decipher it before you just mentioned that haha.
more...
kirupa
01-11 09:43 PM
Many of the Windows Live apps (Writer, Messenger, etc.), Windows Server Add-Ins/Components, Expression, and a handful that I can't remember use .NET either exclusively or just for the UI.
With .NET you still have the ability to make OS-level calls using the platform invoke methods. Here is an example where I showed how to do that: http://blog.kirupa.com/?p=256
:)
With .NET you still have the ability to make OS-level calls using the platform invoke methods. Here is an example where I showed how to do that: http://blog.kirupa.com/?p=256
:)
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cdeneo
04-01 12:29 AM
Gap in employment and porting priority date:
What if there is a gap of employment between leaving the previous employer who made the initial green card application under EB3 and joining the new employer who is willing to make a new application under EB2.
I-140 is approved, I-485 was pending for more than six months when the employee left the first company and has had a gap in employment for a few months. The employee has joined the new company using EAD. I-140 has not been revoked.
Would applying for the green card under EB-2 and trying to port the EB-3 priority date cause any complications given the gap in employment. The new job satisfies the same or similar job requirement with a 50% bump in salary and meets the EB-2 requirements. Would really appreciate your insight on the risks to be aware of if any due to the gap in employment. Thanks!
What if there is a gap of employment between leaving the previous employer who made the initial green card application under EB3 and joining the new employer who is willing to make a new application under EB2.
I-140 is approved, I-485 was pending for more than six months when the employee left the first company and has had a gap in employment for a few months. The employee has joined the new company using EAD. I-140 has not been revoked.
Would applying for the green card under EB-2 and trying to port the EB-3 priority date cause any complications given the gap in employment. The new job satisfies the same or similar job requirement with a 50% bump in salary and meets the EB-2 requirements. Would really appreciate your insight on the risks to be aware of if any due to the gap in employment. Thanks!
more...
perm2gc
04-20 10:15 AM
Is it possible to extend H4 status after using EAD for a person whose I-485 pending in derivative status.
I read Cronin Memo reg. dual intent "Revision of March 14, 2000 Dual Intent Memorandum"
It seems to discuss reg. using AP to enter the country and maintaining H status.
Not sure if anyone here has done the extension of H4 after using EAD.
Cronin memo:
Cronin Memo (5-16-00) | Carl Shusterman (http://shusterman.com/h1blvisasmemoworkingadvanceparole.html)
Appreciate any comments reg. this,
There's no 100% clear law/rule on that situation and it's somewhat up to the consulate to decide. In theory, she should have no problem getting an H-4 visa at all. However, that's based on a USCIS position saying that your underlying H-1B work authorization remains valid, even after you travel using a Parole. You're correct, though, that there's always been a logical problem with that CIS position, since your status is technically Parolee. Since the consulates are run by the USDOS, they are allowed to take their own position on that problem, so there's always at least some risk of them causing problems with an H-4 visa application. so it is better to file an H1B amendment and go for H4 stamping.
I read Cronin Memo reg. dual intent "Revision of March 14, 2000 Dual Intent Memorandum"
It seems to discuss reg. using AP to enter the country and maintaining H status.
Not sure if anyone here has done the extension of H4 after using EAD.
Cronin memo:
Cronin Memo (5-16-00) | Carl Shusterman (http://shusterman.com/h1blvisasmemoworkingadvanceparole.html)
Appreciate any comments reg. this,
There's no 100% clear law/rule on that situation and it's somewhat up to the consulate to decide. In theory, she should have no problem getting an H-4 visa at all. However, that's based on a USCIS position saying that your underlying H-1B work authorization remains valid, even after you travel using a Parole. You're correct, though, that there's always been a logical problem with that CIS position, since your status is technically Parolee. Since the consulates are run by the USDOS, they are allowed to take their own position on that problem, so there's always at least some risk of them causing problems with an H-4 visa application. so it is better to file an H1B amendment and go for H4 stamping.
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gc122004
07-25 03:50 PM
I would like to request for info pass, let us say If I need it on August 2nd week how many days before I can login to info pass and take that.
In other words if I go an take Info pass today when can I get the erliest scheduled date?.
Thanks,
I fixed infopass appt last week for my interm EAD through infopass.uscis.gov. It showed me a date exactly 91st day from the date of RC date so I fixed that date. Hope this helps.
In other words if I go an take Info pass today when can I get the erliest scheduled date?.
Thanks,
I fixed infopass appt last week for my interm EAD through infopass.uscis.gov. It showed me a date exactly 91st day from the date of RC date so I fixed that date. Hope this helps.
more...
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sushilup
07-18 11:01 AM
Thank you for your response.
I will appreciate if you could answer these 2 questions.
1- If 485 get denied, can I go to company-A and start working on approved H1B
2- Also, can I use approved 140 at company A (even 485 denied, since not working at A) to extend H1B for 3 years
You can use the approved I-140 from company A to get a 3 year H-1 for company B assuming your priority date is not current. However, because you have not been working for company A, you are technically not in valid non-immigrant H status and though Company B's H-1 petition should be approved for three years, the extension may not be granted. This means that at some point you would have to leave, get a new H visa and then return.
I will appreciate if you could answer these 2 questions.
1- If 485 get denied, can I go to company-A and start working on approved H1B
2- Also, can I use approved 140 at company A (even 485 denied, since not working at A) to extend H1B for 3 years
You can use the approved I-140 from company A to get a 3 year H-1 for company B assuming your priority date is not current. However, because you have not been working for company A, you are technically not in valid non-immigrant H status and though Company B's H-1 petition should be approved for three years, the extension may not be granted. This means that at some point you would have to leave, get a new H visa and then return.
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mss007
02-24 06:59 PM
No need I-485 receipt.. I came on AP they didn't asked the receipts of I-485
even if they ask the copies are enough.
No need to worry if she has original AP.
even if they ask the copies are enough.
No need to worry if she has original AP.
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rkp27
07-01 10:23 AM
Congrates to thoes lucky folks who received golden email about card production ..
Appriciate if you share your happiness .. just want to see how many of us are lucky..
Good luck guys..
Appriciate if you share your happiness .. just want to see how many of us are lucky..
Good luck guys..
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fatboysam
09-20 01:51 PM
I am going out of country for 8 weeks, do you think i can move to state minimum insruance during this period and save some money ?
Please provide your valuable opinion.
Thanks
Please provide your valuable opinion.
Thanks
more...
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Photogenius
04-17 04:04 AM
rofl!!!!!!!! :beer: I use messenger but still, its very funny!
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lazycis
10-19 01:22 PM
I have a similar timeline - applied for LC in February 2002, got approval in December 2003, filed I-140 in February 2004, I-485 in March 2004. Currently filing for my fifth EAD! The USCIS not only tortures the whole family (it's a common practice that name check is pending only for primary applicant) but makes us to pay for the wait! My son was born around the time we filed for adjustment of status, he will go to school soon but we are still not sure whether we will be allowed to stay. We cannot plan ahead and open education funds for our children. My wife cannot go to college, as she is not eligible for in-state tuition discount. Needless to say, I am forced to sacrifice my career as the whole thing is dragging for 5+ years and I have to work at the same position to keep GC process alive. I've got MCSD certificate and outgrew my position long ago. I cannot quit my job and found a new business.
The USCIS explains the delay by national security interests, but the national security requires the very opposite - speedy processing of the background checks.
The USCIS explains the delay by national security interests, but the national security requires the very opposite - speedy processing of the background checks.
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nousername
11-03 09:20 PM
WOW, since May 2007.. This is F***E* BS man, sorry to hear about this.
I would suggest switching your application to premium processing. I did that back in 2006 for my 6th year H1 renewal. It might cost additional $$$ but I guess it is well worth it.
Good luck.
My perm was filed in May 2007 in EB2. Got RFE in July 2007. Replied within 2 weeks. No response since then.
Can I do anything from my side. Is there any way to contact/request DOL to inquire about the case.
I would suggest switching your application to premium processing. I did that back in 2006 for my 6th year H1 renewal. It might cost additional $$$ but I guess it is well worth it.
Good luck.
My perm was filed in May 2007 in EB2. Got RFE in July 2007. Replied within 2 weeks. No response since then.
Can I do anything from my side. Is there any way to contact/request DOL to inquire about the case.
Reggit
10-13 12:52 AM
I should really try thinking of the easy way out of these things. :P Just made my comic from 10 layers for the whole thing to about 40. Oh well, heh.
Thanks again. :A+:
Thanks again. :A+:
ztopia
03-31 02:32 PM
123 & others,
If u guys transferred over ur H-1, did u wait until u got the actual USCIS receipt (for the H1 transfer) before u started working at the new company?
If u guys transferred over ur H-1, did u wait until u got the actual USCIS receipt (for the H1 transfer) before u started working at the new company?
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