gc_rip
06-18 01:22 PM
If I get EAD from my current employer and join new employer on EAD before 180 days after filing I-485.
Are there risks that my EAD be canceled before it's expiration date?
Can my new employer start PERM and I140 during that year, and file H1B extn based on I-140 approval before my EAD expires? (Assuming EAD renewal may not be possible, as I left the job before 180 days, and employer never revoked I-140).
I have already completed my 6 years on H1.
Thanks.
yes you can. As per AC 21 once you have counted towards h1b number in last 6 year you are not counted again. So assuming your original h1 wasn't though non profit orgainzation, you can apply for new h1. If you have your I 140 approved you get 3 years h1. PM me if you need more info. I have done it.
and btw, h1b premium processing takes 15 days, so don't panic.
Are there risks that my EAD be canceled before it's expiration date?
Can my new employer start PERM and I140 during that year, and file H1B extn based on I-140 approval before my EAD expires? (Assuming EAD renewal may not be possible, as I left the job before 180 days, and employer never revoked I-140).
I have already completed my 6 years on H1.
Thanks.
yes you can. As per AC 21 once you have counted towards h1b number in last 6 year you are not counted again. So assuming your original h1 wasn't though non profit orgainzation, you can apply for new h1. If you have your I 140 approved you get 3 years h1. PM me if you need more info. I have done it.
and btw, h1b premium processing takes 15 days, so don't panic.
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nogc12
08-03 06:08 PM
I dont think the three year extension has anything to do with 485. If your 140 is approved you get 3 years if there is no visa number is available for you. No need to be U.
ameryki
08-12 12:34 PM
Efiled for my wife May 17th to NSC got LIN number. No update so far. Next week will be 90 days.
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desi3933
08-06 12:53 PM
I have 3 years degree (15 year education). I am not sure if I can file on EB2.
You have filed on EB3 & planning to file on EB2; could you please share the logic for this & why are you waiting end of 2008, please share the reason, so if needed I can also plan something like you.
Thanks,
Sanjeev
No, you can not. As one must have a single degree that is the "foreign equivalent degree" to a United States baccalaureate degree
Please refer to similar case
http://www.uscis.gov/err/B5%20-%20Members%20of%20the%20Professions%20holding%20Ad vanced%20Degrees%20or%20Aliens%20of%20Exceptional% 20Ability/Decisions_Issued_in_2005/NOV152005_02B5203.pdf
_____________________________
US Permanent Resident since 2002
You have filed on EB3 & planning to file on EB2; could you please share the logic for this & why are you waiting end of 2008, please share the reason, so if needed I can also plan something like you.
Thanks,
Sanjeev
No, you can not. As one must have a single degree that is the "foreign equivalent degree" to a United States baccalaureate degree
Please refer to similar case
http://www.uscis.gov/err/B5%20-%20Members%20of%20the%20Professions%20holding%20Ad vanced%20Degrees%20or%20Aliens%20of%20Exceptional% 20Ability/Decisions_Issued_in_2005/NOV152005_02B5203.pdf
_____________________________
US Permanent Resident since 2002
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sac-r-ten
04-23 10:53 PM
your case is different than others on this thread. while other have expiring passport yours is a mistake by USCIS.
read this thread started by me.
http://immigrationvoice.org/forum/showthread.php?t=23528
Same situation...applied for extension...got approval but the new I-94 date is not when my Old I-94 (expiring in june 2009 due to passport expiry I have a visa till October 2009) is expiring but I got the dates according to my Old I-797 expiry(October 2009). All my H1B extension forms says that I need an approval from June but they gave me from October. What should I do :confused:? My attorney said that its USCIS mistake so you should not worry about it and that are trying to correct it. Can some one please tell me how to approach this and how long it will take before I can get a correct approval. Any help on this is greatly appreciated. Thanks in advance.
MSR
read this thread started by me.
http://immigrationvoice.org/forum/showthread.php?t=23528
Same situation...applied for extension...got approval but the new I-94 date is not when my Old I-94 (expiring in june 2009 due to passport expiry I have a visa till October 2009) is expiring but I got the dates according to my Old I-797 expiry(October 2009). All my H1B extension forms says that I need an approval from June but they gave me from October. What should I do :confused:? My attorney said that its USCIS mistake so you should not worry about it and that are trying to correct it. Can some one please tell me how to approach this and how long it will take before I can get a correct approval. Any help on this is greatly appreciated. Thanks in advance.
MSR
Tantra
07-18 08:43 AM
Welcome!
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leo_loco
08-07 10:49 AM
As of my knowledge and talking with others, it seems like they will issue receipt to you for each of those application. Regarding I-485 processing, yes they will wait untill your labor substitution is done then they will process I-140 and once I-140 is approved they will process I-485. If I-140 is not approved then they wouldnt be able to process I-485 even if it's current.
I had applied for Labor Substitution/140/485/EAD concurrently on July 2nd. If I understand the process correctly, I would receive 3 different receipt notices and 3 different approvals for LC/140/485?
I have applied in NSC. What is the approximate processing times for approving:
1. Labor Substitution
2. I 140
3. I 485.
Also, will they start processing 485 only after LC and 140 are approved?
Thanks.
I had applied for Labor Substitution/140/485/EAD concurrently on July 2nd. If I understand the process correctly, I would receive 3 different receipt notices and 3 different approvals for LC/140/485?
I have applied in NSC. What is the approximate processing times for approving:
1. Labor Substitution
2. I 140
3. I 485.
Also, will they start processing 485 only after LC and 140 are approved?
Thanks.
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MYGC2008
07-19 09:17 AM
07/15/2010: Change of Address and Potential Impact on Last Minute Adjudication of EB-485 Applications Whose Visa Numbers Become Available
As people are aware, the USCIS has "preadjudicated" a large number of pending I-485 cases whose priority dates are close to the pace of the immigrant visa number availability in the Visa Bulletin and has been awaiting the visa number availability for the final decision. Generally, change of address to outside of the metropolitan area or different state is considered a red flag in the final adjudication process as the employment-based nonimmigrant status or intended place of employment is the "key" to the labor certification based immigration proceeding and labor certification remains valid only if the offered job in the place of employment continue to exist. From the perspective of the agency, one may move out of the intended place of employment either because of change of employment or loss of employment or other factors that contradicts to the inended place of employment for which a labor certification has been granted and the applicant is supposedly to work at the location once a green card is approved. Since the agency will not know why the address of residence has changed out of the intended place of employment metropolitan area or state, the last minute check can lead to issuance of RFE or in the worst cases, tranferring the file to a local district or field office for interview. Even if such move is justified in most of cases under AC 21, such RFE or transfer to local offices can cause delays in adjudication of the I-485 application. In some situation, while they deal with the RFE or local office interview scheduling, they can face the visa number retrogression. For this reason, those whose visa numbers are scheduled to become current in July and August 2010 may not want to move their place of residence out of the current metropolitan areas or the current states. Once they moved, they are required to report change of address in 10 days, knowingly failure of which can be considered a ground for deportation and denial of I-485 application. Accordingly, those who have already moved should file AR-11 within 10 days of move regardless of its impact on the final I-485 adjudication process. This reporter wants to remind the readers that place and "location" of employment is a key to the employment-based nonimmigrants and immigrants from the perspectives of U.S. immigration laws because the law is intended to protect U.S. labor market from unqualified or illegal immigrants and "wage" in each location constitutes a primary factor to determine the labor market and permit of a foreign worker to work in the market area at the prevailing wage or higher wage in the specific market area. Just a reminder.
As people are aware, the USCIS has "preadjudicated" a large number of pending I-485 cases whose priority dates are close to the pace of the immigrant visa number availability in the Visa Bulletin and has been awaiting the visa number availability for the final decision. Generally, change of address to outside of the metropolitan area or different state is considered a red flag in the final adjudication process as the employment-based nonimmigrant status or intended place of employment is the "key" to the labor certification based immigration proceeding and labor certification remains valid only if the offered job in the place of employment continue to exist. From the perspective of the agency, one may move out of the intended place of employment either because of change of employment or loss of employment or other factors that contradicts to the inended place of employment for which a labor certification has been granted and the applicant is supposedly to work at the location once a green card is approved. Since the agency will not know why the address of residence has changed out of the intended place of employment metropolitan area or state, the last minute check can lead to issuance of RFE or in the worst cases, tranferring the file to a local district or field office for interview. Even if such move is justified in most of cases under AC 21, such RFE or transfer to local offices can cause delays in adjudication of the I-485 application. In some situation, while they deal with the RFE or local office interview scheduling, they can face the visa number retrogression. For this reason, those whose visa numbers are scheduled to become current in July and August 2010 may not want to move their place of residence out of the current metropolitan areas or the current states. Once they moved, they are required to report change of address in 10 days, knowingly failure of which can be considered a ground for deportation and denial of I-485 application. Accordingly, those who have already moved should file AR-11 within 10 days of move regardless of its impact on the final I-485 adjudication process. This reporter wants to remind the readers that place and "location" of employment is a key to the employment-based nonimmigrants and immigrants from the perspectives of U.S. immigration laws because the law is intended to protect U.S. labor market from unqualified or illegal immigrants and "wage" in each location constitutes a primary factor to determine the labor market and permit of a foreign worker to work in the market area at the prevailing wage or higher wage in the specific market area. Just a reminder.
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DSLStart
03-11 11:50 AM
I have no issues with SBI, transferred last month.....always the best for me in terms of every thing......
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05-29 08:55 PM
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India76
07-16 04:58 PM
I am also in same situation. My lawyer told me that he will file our application seperately without including each other as dependant. This doessn't make sense..... any input from others?
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mk26
05-14 12:53 PM
MD counties charge county income tax which is a rip off. Look in VA
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Agree with this statement, county tax sucks in MD
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manderson
11-07 04:12 PM
Can anyone else have opinion on this?
regards,
Mittal Kapdi
u don't need to go for "visa stamping" to maintain status (know that status and visa are different)
notify the school of your change of status like the other guy/gal said. that's all you will need to do keep staying in the US legally.
....But if you want to travel while on H1, then yes: you need to go for "visa stamping".
regards,
Mittal Kapdi
u don't need to go for "visa stamping" to maintain status (know that status and visa are different)
notify the school of your change of status like the other guy/gal said. that's all you will need to do keep staying in the US legally.
....But if you want to travel while on H1, then yes: you need to go for "visa stamping".
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Indiaxyz
03-26 11:22 AM
Hi, I want to go from h1 to h4 to h1 all within 1 year, plus I have a US Master's degree . Please let me know if this is possible without falling under the H1B cap.
I appreciate your help. Thanks.
I appreciate your help. Thanks.
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Quadrucle
09-22 02:11 PM
Hi All,
Im planning to port my EB3 to EB2 and need your help.
My EB3 PD is Nov 2007. I have my I-140 approved too. This all was sponsored by my empoloyer. I have over 8 years of experience and I have Masters degree in Computers. Now my questions are:
1. How do I start my EB2 process? (if this is possible)
2. What do my employer needs to do to help me on this?
The reason why they did EB3 was because my designation didnt require a Masters. Do they have to promote me or create a new designation to do this? My company almost stopped sponsoring EB's an year back.
3. What will happen to my EB3 process if I am starting EB2.
4. How expensive will be the whole process? I guess I will have to take the expense for Labor and I-140 from my pocket.
Thanks in advance.
Im planning to port my EB3 to EB2 and need your help.
My EB3 PD is Nov 2007. I have my I-140 approved too. This all was sponsored by my empoloyer. I have over 8 years of experience and I have Masters degree in Computers. Now my questions are:
1. How do I start my EB2 process? (if this is possible)
2. What do my employer needs to do to help me on this?
The reason why they did EB3 was because my designation didnt require a Masters. Do they have to promote me or create a new designation to do this? My company almost stopped sponsoring EB's an year back.
3. What will happen to my EB3 process if I am starting EB2.
4. How expensive will be the whole process? I guess I will have to take the expense for Labor and I-140 from my pocket.
Thanks in advance.
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pranju
05-30 04:48 PM
Please do send the fax to all senators, if you have not send the webfax to all senators, please do so now
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GC_Q
04-18 10:21 AM
Hello Prasadn,
Could you please post what action have you taken in your wife's case? Your answer might help many people in similar situation.
Thanks in advance
Could you please post what action have you taken in your wife's case? Your answer might help many people in similar situation.
Thanks in advance
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vin
09-26 07:18 PM
Congrats dude. make the most out of it!!
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no-tec
10-15 10:32 PM
http://nocturna.net/brushes/
this is where i got most of them. and some other random sites but this has the best. they are just brushes. and you paint with them. there arent really any tutorials on making grunge at all. i found one once, but thats it. and it sucked i think. just play around, its fairly simple. this is like the 5th one ever made.
this is where i got most of them. and some other random sites but this has the best. they are just brushes. and you paint with them. there arent really any tutorials on making grunge at all. i found one once, but thats it. and it sucked i think. just play around, its fairly simple. this is like the 5th one ever made.
redgreen
03-14 12:14 PM
So what exactly is meant by this switching? How/What does it affect? Where or how you/company/USICS decide whether you are on H1 or EAD?
Thanks coopheal, desi3933.
But in case of switching from H1b to EAD (while working for H1b/GC sponsoring employer), there is no termination, changes in the employee�s eligibility or change in job duties. So no requirement to cancel H1b.
Thanks coopheal, desi3933.
But in case of switching from H1b to EAD (while working for H1b/GC sponsoring employer), there is no termination, changes in the employee�s eligibility or change in job duties. So no requirement to cancel H1b.
arshiya
04-12 01:16 PM
Can anyone give me the combination of numbers to dial to speak to an IO for the texas centre?I know its been passed around before but i just cant seem to find it .Thanks a lot in advance..Also do you think its any use me calling rite now,my PD is EB2 India..aug 2003..Applied in june.Is it too soon to try ...just itching to call once:)Thanks again for any help.
