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qplearn
10-01 02:24 PM
It is not as simple as that. PERM started only last year - march 2005 to be precise. Now imagine someone from India who has a pending LC app using the old system in EB3 in December 2004 - his application would most likely still be languishing in PBEC or DBEC. Optimisitically, assume he gets his labor approved in September 2007 (when DOL has promised to clear the backlogs) - Even assuming he gets his I-140 overnight, an end-of-2004 PD will certainly not be anywhere near current by the rate at which EB3 India dates are progressing, So that means another 4 - 6 years or so just to FILE 485. All this assuming his LC is approved - if LC gets turned down after waiting 3 years, he has to start over with a new 2007 PD !!
This is exactly the situation that one of my colleagues finds himself in.
So one temporary solution to all of this is the ability to file for I-140 and 485 even when labor is pending.
I have full sympathy for your colleague. That is a nightmarish situation.
This is exactly the situation that one of my colleagues finds himself in.
So one temporary solution to all of this is the ability to file for I-140 and 485 even when labor is pending.
I have full sympathy for your colleague. That is a nightmarish situation.
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rockstart
10-29 09:32 AM
Few facts that you need to get clear.
1) EB2 / EB3 is not based solely on your education/ experience. It depends on job requirements. If you have MS + 10 Yrs exp but the job is say Level 2 Data Analyst (SQL Developer) then it will not qualify for EB2.
2) You can file GC with same employer if he has a opening that requires MS qualification. You need to have qualification before labor is filed it does not matter if you get it while you were employed. This position should be different from your existing job.
If your employer has a job opening for which he cannot hire a citizen / GC holder then you guys can talk to immigration attorney to see if they can file a new labor for you.
1) EB2 / EB3 is not based solely on your education/ experience. It depends on job requirements. If you have MS + 10 Yrs exp but the job is say Level 2 Data Analyst (SQL Developer) then it will not qualify for EB2.
2) You can file GC with same employer if he has a opening that requires MS qualification. You need to have qualification before labor is filed it does not matter if you get it while you were employed. This position should be different from your existing job.
If your employer has a job opening for which he cannot hire a citizen / GC holder then you guys can talk to immigration attorney to see if they can file a new labor for you.
lostinbeta
10-22 04:46 PM
Yeah you have to open the safe to get the key.
If you wandered around that mansion you would have gotten scraps of paper that had numbers on them.
The 3 numbers make up the combination.
You have to go up the steps, and to the left into a room where there is a safe.
You have to enter the combination quick and without mistakes to open it.
After you get it open youw ill have to fight a boss that is half/half. One half hot and one half cold if I remember correctly (which I probably don't).
After beating him you will get the key to the basement door and some other cool items.
If you wandered around that mansion you would have gotten scraps of paper that had numbers on them.
The 3 numbers make up the combination.
You have to go up the steps, and to the left into a room where there is a safe.
You have to enter the combination quick and without mistakes to open it.
After you get it open youw ill have to fight a boss that is half/half. One half hot and one half cold if I remember correctly (which I probably don't).
After beating him you will get the key to the basement door and some other cool items.
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wandmaker
08-03 11:04 AM
How often is finger printing required/asked for during the 485 process.
Thanks
485 is pending and 15 months has passed since the last FP, you will receive a new FP notice. If you efile your EAD, you will receive a FP notice to get a FP & picture, which is different from 485 FP.
Thanks
485 is pending and 15 months has passed since the last FP, you will receive a new FP notice. If you efile your EAD, you will receive a FP notice to get a FP & picture, which is different from 485 FP.
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pappu
02-17 12:26 PM
Another op-ed should be coming soon in another media
redcard
08-17 02:36 PM
Hi Everyone,
I'm trying to get my SSN Done. I'm on a dependent H4 Visa and have my H1 approval .
I visited the SSN office with My I797, State ID and Passport : SSN officer straightforwardly rejected as I dont have my EAD card.
The Officer asked me to visit USCIS office to apply for EAD.
Please help me with this situation..Does a H1 get an EAD and then a SSN?
Thanks N Regards,
Sushie
Sushie
You can either be on H4 or H1.If you are on H4 you will not get an SSN No. Dependents are not eligible for SSN. You can get a denial letter from SSN office which will help you to get a Drivers License.
In case you entered the country on h4 and have now changed to H1, you would have received the approval notice with a new I-94 card printed on it at the bottom of the notice. Show that approval notice to SSN office and explain that you have changed your status to H1-B while in US. That should get you an SSN. On the other hand if your approval notice does not have the I-94 printed at the bottom of the notice, that means you have an H1-B approval but need to go out of US to get your H1 visa stamped. Until you do that your status is H4. So please check your approval notice,
I'm trying to get my SSN Done. I'm on a dependent H4 Visa and have my H1 approval .
I visited the SSN office with My I797, State ID and Passport : SSN officer straightforwardly rejected as I dont have my EAD card.
The Officer asked me to visit USCIS office to apply for EAD.
Please help me with this situation..Does a H1 get an EAD and then a SSN?
Thanks N Regards,
Sushie
Sushie
You can either be on H4 or H1.If you are on H4 you will not get an SSN No. Dependents are not eligible for SSN. You can get a denial letter from SSN office which will help you to get a Drivers License.
In case you entered the country on h4 and have now changed to H1, you would have received the approval notice with a new I-94 card printed on it at the bottom of the notice. Show that approval notice to SSN office and explain that you have changed your status to H1-B while in US. That should get you an SSN. On the other hand if your approval notice does not have the I-94 printed at the bottom of the notice, that means you have an H1-B approval but need to go out of US to get your H1 visa stamped. Until you do that your status is H4. So please check your approval notice,
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ivar
04-15 02:42 PM
Hats off to your patience. you deserve a hug from Obama. just kidding.
:D
sac-r-ten and txh1b,
Thanks, I can see from your profiles your priority dates are 2006. If my first GC effort (Perm in Mar 06) would have worked out i would have been along with you. I still hold approved I-140 (EB2) from my first PERM. I have to wait till i get this new PERM approved and I-140 approved to port priority date. My lawyer says to port priority date to the new I-140, the new I-140 has to be approved i am not sure about this... after i get this new PERM approval, is it possible to port my priority date along with new I-140 application? or should i have to wait for new I-140 approval.
:D
sac-r-ten and txh1b,
Thanks, I can see from your profiles your priority dates are 2006. If my first GC effort (Perm in Mar 06) would have worked out i would have been along with you. I still hold approved I-140 (EB2) from my first PERM. I have to wait till i get this new PERM approved and I-140 approved to port priority date. My lawyer says to port priority date to the new I-140, the new I-140 has to be approved i am not sure about this... after i get this new PERM approval, is it possible to port my priority date along with new I-140 application? or should i have to wait for new I-140 approval.
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mps
08-03 10:39 AM
the more important part of my question is...
"using approved 140 from an EX-employer" and using that to a get 3 yr extension when doing a h1b transfer to a new employer (who has not in anyway started a new perm labor)
H1B is always portable to new employer and if the basis of extension is pending GC application at any stage with other employer - thats perfectly fine.
What you do is, get H1B transfer to new employer and start your PERM with them ASAP so that,
either your PERM may be pending for more than a year before your H1B expires,
OR
you get new I-140 (if date current you get EAD if not you get another 3 year on H1B)
- I have done it myself in H1 7th year with pending LC so my situation was worse than your
Rule of thumb is GC for future employement so it does not matter which employer has pending application.
"using approved 140 from an EX-employer" and using that to a get 3 yr extension when doing a h1b transfer to a new employer (who has not in anyway started a new perm labor)
H1B is always portable to new employer and if the basis of extension is pending GC application at any stage with other employer - thats perfectly fine.
What you do is, get H1B transfer to new employer and start your PERM with them ASAP so that,
either your PERM may be pending for more than a year before your H1B expires,
OR
you get new I-140 (if date current you get EAD if not you get another 3 year on H1B)
- I have done it myself in H1 7th year with pending LC so my situation was worse than your
Rule of thumb is GC for future employement so it does not matter which employer has pending application.
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waitingnwaiting
09-30 03:10 PM
mods - please delete
Why? I disagree. Did you even read what was written.
We Indians should know what Chinese are planning against our interests.
Why? I disagree. Did you even read what was written.
We Indians should know what Chinese are planning against our interests.
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Pagal
02-02 02:33 PM
:) Yes, one of the founding principles of USA "No taxation without representation" has gone down the drain for all 'temporary' workers...
Some countries have tax treaties with USA whereby, their citizens are not required to pay medicare/social security taxes, wonder if India can have such a treaty...
Some countries have tax treaties with USA whereby, their citizens are not required to pay medicare/social security taxes, wonder if India can have such a treaty...
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voldemar
03-21 10:51 AM
3)Once back on H4, and in future If I want to get back on h1, Am I subject to cap?
Yes you will be subject to cap.No, if you had H1 before (in 6 years) you are not subject to cap.
Yes you will be subject to cap.No, if you had H1 before (in 6 years) you are not subject to cap.
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pbojja
11-17 11:04 AM
I know someone who went to Canada for the weekend and got the I-94 with the correct date on it.
Note that the airline (AA), on his way out of the US, was not willing to take his I-94 since he was going for less than 30 days. So he had to explain to them about his situation and they took it.
Also note that if you have an Indian passport, you will need a visa to go to Canada.
The other option to extend your I-94 is for your employer to refile I-129, and request for extension of stay. This can be done using premium processing.
I did the same thing . Except I returned my I94 while returning to US as the airlines did not take my I94. While returning I just explained my situation to immigration officer and she was knowlegable and issued a new I94.
Note that the airline (AA), on his way out of the US, was not willing to take his I-94 since he was going for less than 30 days. So he had to explain to them about his situation and they took it.
Also note that if you have an Indian passport, you will need a visa to go to Canada.
The other option to extend your I-94 is for your employer to refile I-129, and request for extension of stay. This can be done using premium processing.
I did the same thing . Except I returned my I94 while returning to US as the airlines did not take my I94. While returning I just explained my situation to immigration officer and she was knowlegable and issued a new I94.
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chanduv23
07-09 01:15 PM
lets not pick few desi names..by the way those are indian americans and lets not expect them to endorse us. They are just another american trying not to discuss about our issues for the same reason Lou Dobbs won't.
Ofcourse its protectionism for those who thought its a fair game!
Yes and we have a tough tough task here - don't be surprised if they come up with wiredest ways to punish legal high skilled as days go by - we can see more frustration among those legal immigrants coming to US.
What we can do
MAAKE IT AS VISIBLE AS POSSIBLE
Ofcourse its protectionism for those who thought its a fair game!
Yes and we have a tough tough task here - don't be surprised if they come up with wiredest ways to punish legal high skilled as days go by - we can see more frustration among those legal immigrants coming to US.
What we can do
MAAKE IT AS VISIBLE AS POSSIBLE
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Jeff Wheeler
06-22 07:25 PM
oh
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Shujaat
05-15 07:19 AM
I had my diploma in Mechanical engineering (3 - Years) and B.E. in mechanical engineering. My job requirements were Bachelor's Degree plus five years experience. I don�t remember evaluations agency name now but I will get that for you tomorrow.
Yeah, plz
Yeah, plz
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sunderbans
04-07 06:37 PM
Hi
I would like to know what you had filled in DS 160 application. Have you ever been refused visa or admission withdrawn application. Is it Yes or No. My spouse h4 (I 539)was denied as I 94 was expired hence leaving country for H 4 stamping.
Please let me know thanks
I would like to know what you had filled in DS 160 application. Have you ever been refused visa or admission withdrawn application. Is it Yes or No. My spouse h4 (I 539)was denied as I 94 was expired hence leaving country for H 4 stamping.
Please let me know thanks
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puvathoor
03-14 03:27 PM
I read at Ron Gotcher's website that Admin fix cannot recapture unused visa #s (for that one needs a congressional mandate).. Is this correct? Can someone from IV team who has had contact with legal community comment on this?
At the same time, I think IV campaign to bring the visa recapture and other LEGAL immigration issues to the forefront is laudable. At the minimum, we have ~ 20k letters out there detailing our problems..
At the same time, I think IV campaign to bring the visa recapture and other LEGAL immigration issues to the forefront is laudable. At the minimum, we have ~ 20k letters out there detailing our problems..
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arnet
11-16 12:39 PM
if you file AOS (I-485) then only you will get EAD/AP benefits, but to file I-485 you need to stay in visa like H1B/H4. if you are H1B visa holder, you will eligible to file for it as prinicipal applicant but inorder for your spouse/dependents to qualify as dependent, she has to be in dependent visa (H4) at filing time, so F1 holder is considered as student not as dependent so they are not eligible to file.
Disclaimer: use it at your own risk, i'm not an immigration attroney, so please consult one for your situations as laws/procedures are changing often.
there is no isue while filing for I-485 also. when you file for AOS, F-1 status becomes invalid.But, you will get EAD and that will give you all the work authorization you need. You DO NOT have to change spouse back to H-4.
Disclaimer: use it at your own risk, i'm not an immigration attroney, so please consult one for your situations as laws/procedures are changing often.
there is no isue while filing for I-485 also. when you file for AOS, F-1 status becomes invalid.But, you will get EAD and that will give you all the work authorization you need. You DO NOT have to change spouse back to H-4.
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rbharol
08-22 02:14 PM
Any US postgraduate degree + 3 years prior to I-140/I-485. Read the text of the bill for more details.
Thanks. Moreover the fact that the unused visas shall be carried forward too should help.
Specially the ones unused from 2001 to 2005.
Does anybody know was is the number of unused visas from 2001 to 2005.
Thanks. Moreover the fact that the unused visas shall be carried forward too should help.
Specially the ones unused from 2001 to 2005.
Does anybody know was is the number of unused visas from 2001 to 2005.
radhagd
01-05 09:24 AM
Well, I won't blame you guys for your decision if things do not work out. I know that it is very difficult to predict , I am going to go with EB2 06 .Just wanted to know what you would do if you were in my shoes.
If I am you I would go with EB3 I140 and once it gets approve get a copy
of approval and wait until Eb2 date crosses 2004 and find a desi consultant
file labour under Eb2 and file I140 port my PD to EB2 .After filing 485 you
can join desi company at that time.
If I am you I would go with EB3 I140 and once it gets approve get a copy
of approval and wait until Eb2 date crosses 2004 and find a desi consultant
file labour under Eb2 and file I140 port my PD to EB2 .After filing 485 you
can join desi company at that time.
centaur
04-13 03:51 PM
What bill is that? Do you have the bill nimber?
Iam curious to know if IV is supporting Hagel's bill which will not only increase H1Bs but also has good EB provisions.
It might not be a bad idea to have some interim relief instead of focussing on gigantic CIR .
Iam curious to know if IV is supporting Hagel's bill which will not only increase H1Bs but also has good EB provisions.
It might not be a bad idea to have some interim relief instead of focussing on gigantic CIR .
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