abhishekhp
11-24 02:04 PM
You should be fine to go ahead start processing you new EB2 based position under EAD. As mentioned in other posts here you do have to start over i.e file a new labor for the position under PERM and an I-140 to qualify under EB2. However you can port your PD while you are filing for theEB2 I-140 by attaching a copy of your previous EB3 I-140 approval notice. Also you need not reapply your I-485 as you can go ahead and do 'INTERFILING' basically letting the USCIS know to process the existing I-485 using your EB2 I-140 approval if its PD is current.
Hope that helps. Good luck !!!
Hope that helps. Good luck !!!
belmontboy
04-10 03:30 PM
source?
ajju
09-07 12:10 PM
Same thing happened with me - since graduation I have been in the same company for 5 yrs, still as far as labor is concerned it is considered MS+0 yrs( i was very very disappointed on learning that), but changing job to get EB-2 just for this cause is a bit of over-reaction (assuming you are happy in ur current job).
If you've BS degree and one employer only for last 5 years... You can't file as EB2 even though your job needs it and you've 5 years experience.. In that case it might make some sense in switching.. But with MS.. you are already EB2.. so no gain by switching... You'd be just fine...
If you've BS degree and one employer only for last 5 years... You can't file as EB2 even though your job needs it and you've 5 years experience.. In that case it might make some sense in switching.. But with MS.. you are already EB2.. so no gain by switching... You'd be just fine...
kevinkris
11-21 03:37 PM
My friend did the same thing. Not h1 extention but re-instatement of AP to H1.
It's same as applying for H1 (form 129 etc) but the option you select
is different.
Part 2. Information about this petition. * (See instructions for fee information.)
Basis for Classification (Check one):
Check 2nd option:
Continuation of previously approved employment without change with the same employer.
I do not think this statement is correct "Since you applied for H1 extension it means that you are out of parolee status and on H1 again."
As long as H1B is the underlying petition for your GC application H1 extension does not negate your AP status. You have dual travel papers.
Caution - Please talk to lawyer as there is some stuff around abandoning your petition is you go out of country before approval...
I have had a valid H1 and AP for a while now and travelled on AP without issues.
Hope it helped.
It's same as applying for H1 (form 129 etc) but the option you select
is different.
Part 2. Information about this petition. * (See instructions for fee information.)
Basis for Classification (Check one):
Check 2nd option:
Continuation of previously approved employment without change with the same employer.
I do not think this statement is correct "Since you applied for H1 extension it means that you are out of parolee status and on H1 again."
As long as H1B is the underlying petition for your GC application H1 extension does not negate your AP status. You have dual travel papers.
Caution - Please talk to lawyer as there is some stuff around abandoning your petition is you go out of country before approval...
I have had a valid H1 and AP for a while now and travelled on AP without issues.
Hope it helped.
more...
canleo98
02-20 06:49 PM
I don't think the data is right, though I can see my Labor filed under PERM and it shows status as 'Denied' but I have my labor approved and applied for I-140. Not sure why?
sammyb
03-24 02:04 PM
Thanks ... wil listen to it from home ...
http://wamu.org/programs/kn/08/03/24.php#20155
Our segment is available without fast forward
If the Windows Media does not load try with Real Player that normally works better for me.
http://wamu.org/programs/kn/08/03/24.php#20155
Our segment is available without fast forward
If the Windows Media does not load try with Real Player that normally works better for me.
more...
waiting4gc02
02-21 11:53 AM
Satish,
Did you see these updated today (2/21) ?
Where did you see that ??
Thanks
Did you see these updated today (2/21) ?
Where did you see that ??
Thanks
ahaadi
01-08 01:47 PM
I also had submitted with my I-94 attached. I forgot to remove it. It was stapled and I got it back with my old passport. So dont worry.
more...
simple1
10-07 04:13 PM
Leave the usa immediatly. you are already out of status.
Consult your attorney before taking any decision.
hi,
I am in a similar situation.
I have a valid visa stamped on my passport till the sept 2010. And I moved to company B after I was let go by company A. The I 797 approval for company B I got did not have the I 94.
I got the approval yesterday with a letter saying that my extension of stay has been rejected.
The letter also said that I was staying in the country after my H1B with company A has been revoked, which is against the law. It is also mentioned that my I 129 has been mailed to the consulate of my choice(which is in India).
Does he mean that I need to attend the consulate to get my I 129? If so, has the visa stamp been revoked?
Is it ok if I attend the consulate in neighbouring countries like mexico or bahamas instead of going to India?
If the Visa stamping has not been revoked, can I just cross the border for an I 94 card?
Any advice is valuable to me.
Thanks in advance.
Consult your attorney before taking any decision.
hi,
I am in a similar situation.
I have a valid visa stamped on my passport till the sept 2010. And I moved to company B after I was let go by company A. The I 797 approval for company B I got did not have the I 94.
I got the approval yesterday with a letter saying that my extension of stay has been rejected.
The letter also said that I was staying in the country after my H1B with company A has been revoked, which is against the law. It is also mentioned that my I 129 has been mailed to the consulate of my choice(which is in India).
Does he mean that I need to attend the consulate to get my I 129? If so, has the visa stamp been revoked?
Is it ok if I attend the consulate in neighbouring countries like mexico or bahamas instead of going to India?
If the Visa stamping has not been revoked, can I just cross the border for an I 94 card?
Any advice is valuable to me.
Thanks in advance.
cdeneo
04-02 10:31 PM
The new employer does need to support you thru the GC process, again unclear if this is something that is needed in the AC21 letter or not.
The main thing per my understanding is that AC21 does not apply to contract positions - one would hope that the previous employer does not revoke the I-140 petition causing a NOID/RFE.
My question still stands - if the sponsoring employer revokes the approved I-140 petition post 180 days of 485 filing - this would cause problems if the person has taken up a contract position on EAD unless one can respond to the NOID/RFE stating a full time offer in hand for future employment, etc.
It is not very clear if the new employer needs to explicitly state that they would like to continue your GC. I understand that a major chunk of employers will have reservation stating this in an offer letter.
My understanding is that to invoke AC21, employer needs to provide an offer letter for a full time position. Please clarify.
The main thing per my understanding is that AC21 does not apply to contract positions - one would hope that the previous employer does not revoke the I-140 petition causing a NOID/RFE.
My question still stands - if the sponsoring employer revokes the approved I-140 petition post 180 days of 485 filing - this would cause problems if the person has taken up a contract position on EAD unless one can respond to the NOID/RFE stating a full time offer in hand for future employment, etc.
It is not very clear if the new employer needs to explicitly state that they would like to continue your GC. I understand that a major chunk of employers will have reservation stating this in an offer letter.
My understanding is that to invoke AC21, employer needs to provide an offer letter for a full time position. Please clarify.
more...
illusions
04-21 02:42 PM
I got the Card Production Ordered e-mail today. No LUD even last night at 1 Am. Only one LUD today. My case is processed at Texas service center. And my receipt date is not with in their processing times.
Good luck to everyone.
Congrats on your approval. I have seen many approvals where the processing time doesn't match and i'm not sure if it's the case that they don't update it or they just process it randomly once the PD becomes current - anybody's guess i would think.
Good luck to everyone.
Congrats on your approval. I have seen many approvals where the processing time doesn't match and i'm not sure if it's the case that they don't update it or they just process it randomly once the PD becomes current - anybody's guess i would think.
yagw
09-27 01:34 AM
Folks,
Am on H1B and have already applied for 485 (EB2 I May 2006). I am not sure if I am allowed to day trade in the current status. By day trading I mean not just investing in stocks and not just buying and selling stocks in a single day -- I am asking about making perhaps 10 trades in a day (5 rounds of buy, sell)? I understand IRS can call you out to be a full-time trader but the rules for this are not laid out clearly, as far as I can understand. Anyone out there with relevant links/personal experience on this one? Would really appreciate your feedback.
Thanks!
Shishya
AFAIK, your visa status will not affect day-trading. You just need to specify the gain/loss when you file taxes (like anyone).
That said, I believe you are aware of the requirement that you need to have a minimum of $25K in your account to do day-trading. And also the risks involved in it.
My 2c as some one who tried it, play only with money you can afford to loose (as you WILL most of the time) and get out if you have to, without emotional attachment.
Have fun and BE SAFE!!!
Am on H1B and have already applied for 485 (EB2 I May 2006). I am not sure if I am allowed to day trade in the current status. By day trading I mean not just investing in stocks and not just buying and selling stocks in a single day -- I am asking about making perhaps 10 trades in a day (5 rounds of buy, sell)? I understand IRS can call you out to be a full-time trader but the rules for this are not laid out clearly, as far as I can understand. Anyone out there with relevant links/personal experience on this one? Would really appreciate your feedback.
Thanks!
Shishya
AFAIK, your visa status will not affect day-trading. You just need to specify the gain/loss when you file taxes (like anyone).
That said, I believe you are aware of the requirement that you need to have a minimum of $25K in your account to do day-trading. And also the risks involved in it.
My 2c as some one who tried it, play only with money you can afford to loose (as you WILL most of the time) and get out if you have to, without emotional attachment.
Have fun and BE SAFE!!!
more...
santb1975
02-14 12:47 PM
We need help
shreekhand
07-25 12:11 PM
Some clarifications needed here !
1.) Data entry is not done by adjudication officers (AO)
2.) Unless an AO is trained in a particular "production line"
(I-485, I-765 etc.) they cannot move them around
3.) Bear in mind AO's have the option to and do work from home too.
4.) The adjudication rate per past service center reports is
around 2 or3 cases per hour for I-485
The assumptions here are all the 50 guys are working only on EB cases no family and other cases, they are not doing any other data entry job like putting 450/ead/ap applications into system, they are not approving any of ead/ap cases. And they are working 8 hours daily. Looking at the general work environment around i bet the productive hrs in 8 hr work day is around 5/6 hrs. So keeping in mind these factors i feel the 80000 is okay number. They certainly need more staff. My 2 cents.
1.) Data entry is not done by adjudication officers (AO)
2.) Unless an AO is trained in a particular "production line"
(I-485, I-765 etc.) they cannot move them around
3.) Bear in mind AO's have the option to and do work from home too.
4.) The adjudication rate per past service center reports is
around 2 or3 cases per hour for I-485
The assumptions here are all the 50 guys are working only on EB cases no family and other cases, they are not doing any other data entry job like putting 450/ead/ap applications into system, they are not approving any of ead/ap cases. And they are working 8 hours daily. Looking at the general work environment around i bet the productive hrs in 8 hr work day is around 5/6 hrs. So keeping in mind these factors i feel the 80000 is okay number. They certainly need more staff. My 2 cents.
more...
immi_seeker
09-13 01:22 PM
What is this fight all about ??? eb3-->eb2 ... or spillover??? changing any/both of them will not solve underlying problem.. Grow up people
why not go for real problem??? if you want to ask congress/administration, ask for some real solutions which will help everyone. To name a few...
1. Capture lost Visa numbers
2. Get rid of country quota.. how does this country based quota makes sense in EB Category??
Totally agree with this. Eventhough i dont agree with i_got_skillz language, what he has been trying to say is the same thing. This spill over stuff will only help EB3 ROW as they have huge backlog. This EB3I talk abt spill over stuff will not only help them but will also bring EB2I in to the same boat(infact Eb2I is also in bad shape with or without spill over).
why not go for real problem??? if you want to ask congress/administration, ask for some real solutions which will help everyone. To name a few...
1. Capture lost Visa numbers
2. Get rid of country quota.. how does this country based quota makes sense in EB Category??
Totally agree with this. Eventhough i dont agree with i_got_skillz language, what he has been trying to say is the same thing. This spill over stuff will only help EB3 ROW as they have huge backlog. This EB3I talk abt spill over stuff will not only help them but will also bring EB2I in to the same boat(infact Eb2I is also in bad shape with or without spill over).
Joybose
08-14 02:58 PM
Just now my lawyer called to tell that she got all my receipts , filed on july 2nd but my wifes application was rejected for "insufficient filing fees", I had put in a single check for $745 , how can this be, it was both in the same fedex packet, she says it is some "mailroom error", so she sent back the application with a letter and my receipt copy to accept. My app also had a $745 check and that was receipted,
Has this happned to anyone, please respond , i am wondering if what my lawyer did was correct, pls share your experiences.
Hey, which service center, Texas or Nebraska.
Has this happned to anyone, please respond , i am wondering if what my lawyer did was correct, pls share your experiences.
Hey, which service center, Texas or Nebraska.
more...
Ramba
08-04 03:03 PM
Awaiting for the response from experts, kindly help.
Appears like more complications. I think you should consult a lawyer. As per last action rule, you might have violated the H1 status, by continuly working with L1, after CIS approved the COS application. Perhps, the violation might have been reset by your fresh entry with L1. As your family is not with you, better consult an qualified attorney.
Appears like more complications. I think you should consult a lawyer. As per last action rule, you might have violated the H1 status, by continuly working with L1, after CIS approved the COS application. Perhps, the violation might have been reset by your fresh entry with L1. As your family is not with you, better consult an qualified attorney.
GCBy3000
07-08 03:58 PM
Again he wants his message to be clear. Here in US, Indians means Native Indians. Everyone till now whom I have come across refer to Indain while they speak and that is for Native Indians and not us. Also our motherland INDIA is in south east asia which is why he clearly said EAST INDIANS. So take a dip in cold water and move on.
Can't you see the Gandhi link? Gandhi is East Indian and thats why he might have associated it with East Indian community. Dont harp too much on What Mr Oh wants/thinks.
Can't you see the Gandhi link? Gandhi is East Indian and thats why he might have associated it with East Indian community. Dont harp too much on What Mr Oh wants/thinks.
inskrish
08-04 11:45 PM
I got the magic mail today ---Card production ordered!!! Just for me.
The status of my wife's I485 remains the same ---> Received and pending?
Any one in similar situation?
Good to see a 2003 case is getting approved. I believe you are a TSC filer. Hope your wife's case get approved soon.:)
The status of my wife's I485 remains the same ---> Received and pending?
Any one in similar situation?
Good to see a 2003 case is getting approved. I believe you are a TSC filer. Hope your wife's case get approved soon.:)
rp0lol
08-26 01:30 PM
Also, keep in mind that sometimes you don't get your passport back in time for H1 stamping. So, if you are stuck without passport then .....(you know the rest)
MerciesOfInjustices
06-07 11:21 PM
Well said!
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