vijju123
01-08 09:24 PM
Hi gurus,
I have been working with employer A since last 3 years. My I-140 (EB3)has been filed on April 1, 2008 and my priority date is January 9, 2008. I am planning on changing jobs within the same company but in a different state / city.
1)Would this affect my I-140 processing
2) Would this create any issues in the future stages of the green card process
3)Will I still be able to keep the same priority date for the I-485 (God knows when I'll get to that stage...)
Sincerely appreciate your time and help.
Regards,
Vijay
I have been working with employer A since last 3 years. My I-140 (EB3)has been filed on April 1, 2008 and my priority date is January 9, 2008. I am planning on changing jobs within the same company but in a different state / city.
1)Would this affect my I-140 processing
2) Would this create any issues in the future stages of the green card process
3)Will I still be able to keep the same priority date for the I-485 (God knows when I'll get to that stage...)
Sincerely appreciate your time and help.
Regards,
Vijay
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abhijitp
02-11 01:47 AM
My company has decided to transfer all cases to a new attorney, and I am planning to go with the decision.
Therefore we need to file a new G-28 (Notice of Entry of Appearance as Attorney or Represesentative).
The form pre-filled by the new attorney says:
In re: All Immigration Matters on behalf of XYZ
Is it okay to sign on something like this? Or am I giving away permission for much more than they need, without knowing!
My AOS(and EAD, AP) applications filed in July 2007 all had separate G-28 forms which said:
In re: I-485 for XYZ on the G-28 pertaining to my I-485,
In re: I-131 for XYZ on the G-28 pertaining to my I-131,
In re: I-765 for XYZ on the G-28 pertaining to my I-765
Hopefully it is okay to give a permission for "all immigration matters" but wanted to double check, just in case!
Thanks!
Therefore we need to file a new G-28 (Notice of Entry of Appearance as Attorney or Represesentative).
The form pre-filled by the new attorney says:
In re: All Immigration Matters on behalf of XYZ
Is it okay to sign on something like this? Or am I giving away permission for much more than they need, without knowing!
My AOS(and EAD, AP) applications filed in July 2007 all had separate G-28 forms which said:
In re: I-485 for XYZ on the G-28 pertaining to my I-485,
In re: I-131 for XYZ on the G-28 pertaining to my I-131,
In re: I-765 for XYZ on the G-28 pertaining to my I-765
Hopefully it is okay to give a permission for "all immigration matters" but wanted to double check, just in case!
Thanks!
sourabh27
06-29 02:42 PM
I am stuck in a similar situation in Mumbai. It is the 4th week running.
when did you finally get yours done ?
when did you finally get yours done ?
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sunkara9
05-09 01:54 PM
Hi ,
I'm on H1B. Recently I joined new employer and the transfer is still in
pending status.
Among the documents required to sponsor for B2 visa, I'm supposed to
send copies of I-797 and I-94. I have old employers H1B approval notice
and I-94, but not of the new employers. I have the H1B receipt notice
related to the new employer.
Is it fine to sponsor for a B2 visa and for the visitors to attend the visa
interview in the US consulate with all the other essential documents
including new employers H1B receipt notice without the new employer H1B
approval notice.
Any of your valuable suggestions are welcome.
Thanks & Regards,
Sunkara
I'm on H1B. Recently I joined new employer and the transfer is still in
pending status.
Among the documents required to sponsor for B2 visa, I'm supposed to
send copies of I-797 and I-94. I have old employers H1B approval notice
and I-94, but not of the new employers. I have the H1B receipt notice
related to the new employer.
Is it fine to sponsor for a B2 visa and for the visitors to attend the visa
interview in the US consulate with all the other essential documents
including new employers H1B receipt notice without the new employer H1B
approval notice.
Any of your valuable suggestions are welcome.
Thanks & Regards,
Sunkara
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ita
11-19 12:04 PM
DO they even log the subject of the conversation?
RajahRajah
06-05 01:49 PM
Former president's Bill Clinton and George W. Bush were both in Canada last week. Neither one of them knew that you now require a passport to re-enter the U.S. as of June 1st, from Canada. That should give you an idea of just how tuned in these people are.
more...
TomPlate
12-02 09:04 PM
There should not be any issues changing the employer after 180 days. This would include proper way of resigning the company so that they don't do anything which will affect your green card.
There are lot of response on this and you should check those.
There are lot of response on this and you should check those.
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Blog Feeds
03-10 07:20 AM
Great tip from AILA for our H1B (http://www.h1b.biz/lawyer-attorney-1137085.html) filers trying to beat the rush. Because you cannot submit an LCA earlier than six months prior to the beginning date of the period of intended employment (20 CFR � 655.730(b)), if you want your LCA in hand before April 1, then set your employment start date on the LCA for a date in September, and set the expiration date for a date no more than three years hence. File the I-129 with a start date of October 1, but with an expiration date that coincides with the expiration date of the LCA. You will lose a couple of days on the back end of the petition by doing this, but you will get the LCA filed and back before April 1.
Example:
LCA start date: 9/1/10
LCA end date: 8/31/13
Form I-129 start date: 10/1/10
Form I-129 end date: 8/31/13
Due to delays in receiving approved LCAs, take the proper precautions and file your LCA early to avoid any undue delays.
Although under certain circumstances USCIS has agreed to accept H-1B petitions for processing that include LCAs that have not been certified, attorneys should understand that if the LCA submitted with the H-1B petition is eventually denied, the H-1B (http://www.h1b.biz/lawyer-attorney-1137085.html) will be denied, even if a subsequent certified LCA is submitted. This is even true where the denial is due to DOL error in not being able to verify a petitioner's FEIN. However, USCIS has also indicated that if the sole reason for failing to apply for an Extension of Status or Change of Status is due to DOL delay in the certification process, USCIS may look at the totality of the circumstances in determining whether to accept the late filing.
Bottom line is that getting an approved LCA before April 1, 2010 is crucial. Pay attention to detail and get the files ready in advance is a must.
More... (http://www.visalawyerblog.com/2010/03/h1b_visa_lawyer_getting_the_lc.html)
Example:
LCA start date: 9/1/10
LCA end date: 8/31/13
Form I-129 start date: 10/1/10
Form I-129 end date: 8/31/13
Due to delays in receiving approved LCAs, take the proper precautions and file your LCA early to avoid any undue delays.
Although under certain circumstances USCIS has agreed to accept H-1B petitions for processing that include LCAs that have not been certified, attorneys should understand that if the LCA submitted with the H-1B petition is eventually denied, the H-1B (http://www.h1b.biz/lawyer-attorney-1137085.html) will be denied, even if a subsequent certified LCA is submitted. This is even true where the denial is due to DOL error in not being able to verify a petitioner's FEIN. However, USCIS has also indicated that if the sole reason for failing to apply for an Extension of Status or Change of Status is due to DOL delay in the certification process, USCIS may look at the totality of the circumstances in determining whether to accept the late filing.
Bottom line is that getting an approved LCA before April 1, 2010 is crucial. Pay attention to detail and get the files ready in advance is a must.
More... (http://www.visalawyerblog.com/2010/03/h1b_visa_lawyer_getting_the_lc.html)
more...
waitnwatch
05-30 04:29 PM
"Everybody is talking about the illegal immigrants, even though they broke the law," said Patel. "They are going to give them amnesty, but the high-skilled people like us, who are contributing to the U.S. economy - we are overlooked."
Good article giving us some great exposure. Just noticed the above line in the article..... I hope there is no political impact of the use of "amnesty" in the statement. I guess I am being a bit paranoid!
Good article giving us some great exposure. Just noticed the above line in the article..... I hope there is no political impact of the use of "amnesty" in the statement. I guess I am being a bit paranoid!
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SunnySide
04-03 04:22 PM
Recently my I-140 petition for EB2 was denied on educational grounds . The employer opened an MTR/appeal.
Is it possible to re-file the I-140 petition in EB3 using the same labor certification, while the first I-140 is pending appeal at AAO.
Is it possible to re-file the I-140 petition in EB3 using the same labor certification, while the first I-140 is pending appeal at AAO.
more...
sac-r-ten
05-05 02:48 PM
I will be happy to share the reason, if it was known to me.
But my company & their attorney are not sharing any details..
Left with no choice.. but to wait with hope..
Better to start new labor process if your are nearing 6th year on H1. these audits take forever and mostly have -ve results. and the employers/attorneys are not helpful either.
good luck
But my company & their attorney are not sharing any details..
Left with no choice.. but to wait with hope..
Better to start new labor process if your are nearing 6th year on H1. these audits take forever and mostly have -ve results. and the employers/attorneys are not helpful either.
good luck
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sunny1000
11-01 11:49 AM
Hi,
I just graduated with a Bachelor Degree, and I am currently on H1B. I am so concerned about the 5 year backlog on EB-3, which will take more 10+ years to become a citizen....
I am thinking about getting an online MBA degree from an accredited school ASAP, and ask my employer to promote me to a position that require an MBA, ex. manager. (I think it's not a problem in a small company) Will I be able to get into the EB-2 line?
Have anyone done that before? May you share your experience whether it's successful or not?
As long as your job (for which you are applying for the GC) requires it and you are qualified, you can apply in EB2 category. BTW, the 5 year wait is for ROW and not for over-subscribed countries such as India, China, mexico etc. Hopefully, you are from a ROW category country.
Good luck!
I just graduated with a Bachelor Degree, and I am currently on H1B. I am so concerned about the 5 year backlog on EB-3, which will take more 10+ years to become a citizen....
I am thinking about getting an online MBA degree from an accredited school ASAP, and ask my employer to promote me to a position that require an MBA, ex. manager. (I think it's not a problem in a small company) Will I be able to get into the EB-2 line?
Have anyone done that before? May you share your experience whether it's successful or not?
As long as your job (for which you are applying for the GC) requires it and you are qualified, you can apply in EB2 category. BTW, the 5 year wait is for ROW and not for over-subscribed countries such as India, China, mexico etc. Hopefully, you are from a ROW category country.
Good luck!
more...
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jv101
05-20 12:46 PM
I'm working for Company A and this is my 7th year on H1-B.
I got three years extension last year which is good until Aug'2012 through companyA.(Based on approved I-140 from my previous employer).
My previous employer withdrew my I-140 petition but luckly after getting my 3 year extension with Company A.
Actually,I didn't know that my previous employer had withdrawn the I-140 petition.(Online case status was showing it as approved.) q
I got a very good offer from Company B but I didnt want to take chances with USCIS,so I've told them that I would join only after approval.
CompanyB applied for my H1-B peition asking for 3 year of extension based on I-140 approval.
I was told today that my CompanyB H1-B petition has been denied because of I-140 withdrawal from my previous employer.we didnt know about this because the online case status for I-140 was still showing as approved.
Question
1)Since I've a valid visa until 2012 with Company A. Can company B reappeal the decision asking for H1-B transfer only until 2012.
2)Does the denial has any impact on my current Company A's H1-B petition.
I know it's a tough one but I do appreciate your feedback/help on this issues.
Thanks,
V.
I got three years extension last year which is good until Aug'2012 through companyA.(Based on approved I-140 from my previous employer).
My previous employer withdrew my I-140 petition but luckly after getting my 3 year extension with Company A.
Actually,I didn't know that my previous employer had withdrawn the I-140 petition.(Online case status was showing it as approved.) q
I got a very good offer from Company B but I didnt want to take chances with USCIS,so I've told them that I would join only after approval.
CompanyB applied for my H1-B peition asking for 3 year of extension based on I-140 approval.
I was told today that my CompanyB H1-B petition has been denied because of I-140 withdrawal from my previous employer.we didnt know about this because the online case status for I-140 was still showing as approved.
Question
1)Since I've a valid visa until 2012 with Company A. Can company B reappeal the decision asking for H1-B transfer only until 2012.
2)Does the denial has any impact on my current Company A's H1-B petition.
I know it's a tough one but I do appreciate your feedback/help on this issues.
Thanks,
V.
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ektha123
12-12 03:11 PM
Hi
we applied for ap in octoer and the receipt date is oct 24.we have approved H1 .can we go to mexico and have stamping before the ap approves.please suggest me.
we applied for ap in octoer and the receipt date is oct 24.we have approved H1 .can we go to mexico and have stamping before the ap approves.please suggest me.
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karthiknv143
09-28 02:31 PM
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=ace7ec20cfbd4110VgnVCM1000004718190aRCR D
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sxk
09-14 07:22 PM
I applied for I 485 , AP and EAD during 07 July. I got a fp notice back in 2007 and I got another one two weeks ago. I went ahead and did my bio-metrics over the weekend at TSC Application Support Center.
Does this mean that somebody has looked into my file and pre adjudicated it? or is it a automated thing and does not mean anything?
Please advice!
Does this mean that somebody has looked into my file and pre adjudicated it? or is it a automated thing and does not mean anything?
Please advice!
more...
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matrixneo
10-20 12:14 PM
Thanks Guys,
Yes its related to property matters and need to execute on a stamp paper from India, I see below from Indian Consulate, San Francisco website
"If you are obliged to execute the Power of Attorney on a Stamp Paper from India, then please follow the �Apostille� Convention. Once the �Apostille� sticker is affixed to the Power of Attorney, the Consulate is not required to authenticate again the Power of Attorney."
Yes its related to property matters and need to execute on a stamp paper from India, I see below from Indian Consulate, San Francisco website
"If you are obliged to execute the Power of Attorney on a Stamp Paper from India, then please follow the �Apostille� Convention. Once the �Apostille� sticker is affixed to the Power of Attorney, the Consulate is not required to authenticate again the Power of Attorney."
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pdt
06-14 03:51 PM
NIW 140 approved last year. EB1a 140 RFE/485 pending. Can I file a new 485 for NIW? or do I have to withdraw the pending 485 before filing the new 485?
Thanks a lot.
Thanks a lot.
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pezz77
01-29 09:23 PM
Thank you for the info! Should I give my lawyer a heads up or not worry about changing address on the application (if they still can do that)?
hatiangrl@yahoo.com
02-08 12:42 AM
HI IM 17 years old my dad applied for my green card and it been 3 years i still did not get it they had sent me to go get my fingerprint taken but i had ran away home and missed the appointment date my sister just got her approval.please can someone help or advise me im almost done with school and i wanna attend college and get a job
mrajatish
01-24 12:25 PM
Friends,
Please visit the thread
http://immigrationvoice.org/forum/showthread.php?t=3018
and email me at mrajatish@yahoo.com if you are a Washington, Oregon or Idaho resident. Once I get a critical mass, I will set up a conf. call.
Raj
Please visit the thread
http://immigrationvoice.org/forum/showthread.php?t=3018
and email me at mrajatish@yahoo.com if you are a Washington, Oregon or Idaho resident. Once I get a critical mass, I will set up a conf. call.
Raj
