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alterego
12-15 10:08 PM
Looks like for EB2 2005 cases they are giving 2 yr EADs. Has anyone with 2003 or 2004 cases recieved a 2 yr EAD?
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zeus2000
04-21 07:22 PM
I haven't received any responses yet, and could still use help on the matter. Please, I want to hear your thoughts!
amyleu
06-18 12:50 PM
I filed the Labor Certification since September, 07 and got audited in November, 07. The response was sent to DOL in November, 07. I have not heard anything since then. Also, my H1B visa expired in the early of May, 08. I left US on April 28, 08. I�m very frustrated and depressed, and the lawyer is very unhelpful. I got questions as follows:
1) Should I refile the Labor Certification with my current employer in the new position? How about the audit? Should I request to DOL to withdraw the application first and refile the new one? Will my PD be changed according to the new filing date?
2) What would be the best way about H1B visa? I was out of US for one and a half month during these 6 years of H1B period. I heard that the vacation can be recapped, and I will be able to go back to US in the mid of July, 08 due to the pending PERM application for 365 days. In this case, should I start filing the H1B recapture with the H1 Extension now since my application will be pending for a year by the mid of July, 08 (include one and a half month times out of US). Otherwise, should I wait and start the application in the mid of July, 08?
3) If my Labor Certification is pending again till the end of one year extension (in the case of getting the approval on one year extension), do I have to leave US again?
4) I wonder if I should wait outside US for a year until the early of May, 09. Then, reapply the new 6 year- H1B visa again. Can my current employer do that for me? Would it be the better option comparing to the H1B recapture and H1B extension? In the case of starting the new application, when should I start the application? I heard the new H1B cap usually starts around the early of April and will be filled up within a couple days. Also, I have to wait for one year prior to applying for a new H1B, counting the day that my visa expired. So, does it mean that I have to wait till the early of May, 09 to be eligible to send the H1B application since the application will be rejected from USCIS in the case of submitting it prior to the early of May, 09 (one year rule)? Will the cap be filled up by then and what will I do?
Anybody, please advise. Thank you very much.
1) Should I refile the Labor Certification with my current employer in the new position? How about the audit? Should I request to DOL to withdraw the application first and refile the new one? Will my PD be changed according to the new filing date?
2) What would be the best way about H1B visa? I was out of US for one and a half month during these 6 years of H1B period. I heard that the vacation can be recapped, and I will be able to go back to US in the mid of July, 08 due to the pending PERM application for 365 days. In this case, should I start filing the H1B recapture with the H1 Extension now since my application will be pending for a year by the mid of July, 08 (include one and a half month times out of US). Otherwise, should I wait and start the application in the mid of July, 08?
3) If my Labor Certification is pending again till the end of one year extension (in the case of getting the approval on one year extension), do I have to leave US again?
4) I wonder if I should wait outside US for a year until the early of May, 09. Then, reapply the new 6 year- H1B visa again. Can my current employer do that for me? Would it be the better option comparing to the H1B recapture and H1B extension? In the case of starting the new application, when should I start the application? I heard the new H1B cap usually starts around the early of April and will be filled up within a couple days. Also, I have to wait for one year prior to applying for a new H1B, counting the day that my visa expired. So, does it mean that I have to wait till the early of May, 09 to be eligible to send the H1B application since the application will be rejected from USCIS in the case of submitting it prior to the early of May, 09 (one year rule)? Will the cap be filled up by then and what will I do?
Anybody, please advise. Thank you very much.
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softman
07-19 08:46 AM
Folks,
Mine is 2003 EB3 labor, I don�t have copy of the labor. Don�t know the job code and title, planning to switch AC21 and not sure how to get this code as i had already left the old blood sucking desi employer, any suggestions,
Thanks in advance.
:D
Mine is 2003 EB3 labor, I don�t have copy of the labor. Don�t know the job code and title, planning to switch AC21 and not sure how to get this code as i had already left the old blood sucking desi employer, any suggestions,
Thanks in advance.
:D
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freddyCR
January 29th, 2005, 05:49 PM
http://img.photobucket.com/albums/v629/alcorjr2/trickleMedium.jpg
This lovely spot was on the way to bigger business.
How do you like it ?
This lovely spot was on the way to bigger business.
How do you like it ?
sonia_sd
10-11 01:00 PM
Hi,
My I-485 AOS thru my Husband's I-140 is pending right now.
Recently My sister's Approved I-130's priority date is Current, So now I Can file for AOS thru my Sister's I-130 also.
My question is :
Which is better Interfile or new filling ?
What are the advantages and dis-advantages of both ?
If I go for Interfiling and If My Application is not approved thur one track (I-130 / I-140) will my application be pending for another track ?
Thanks
Immqry
People in this forum are struggling to get GC on Employeement category, since you have a family stream possibility and which is current as per you note above, I would advise you to help us by moving you and your husband to family category.......thanks in advance for giving us 2 visa numbers. :D
My I-485 AOS thru my Husband's I-140 is pending right now.
Recently My sister's Approved I-130's priority date is Current, So now I Can file for AOS thru my Sister's I-130 also.
My question is :
Which is better Interfile or new filling ?
What are the advantages and dis-advantages of both ?
If I go for Interfiling and If My Application is not approved thur one track (I-130 / I-140) will my application be pending for another track ?
Thanks
Immqry
People in this forum are struggling to get GC on Employeement category, since you have a family stream possibility and which is current as per you note above, I would advise you to help us by moving you and your husband to family category.......thanks in advance for giving us 2 visa numbers. :D
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thakkarbhav
08-10 04:19 PM
Looks like it is mistake. Is it your second FP appt? It is possible that they already have FP with them and I 140 and I 485 both approved on the same date - within an hour difference.
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roseball
08-19 09:02 AM
If the priority dates are not current for the category in which your parents are seeking a green card, then they will have to wait for the priority dates to become current before they can apply I-485. You can check the Visa Bulletin for more info.
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Ruta
08-18 03:06 PM
http://www.uscis.gov/files/pressrelease/ReceiptingTimes081707.pdf
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Munna Bhai
04-18 11:21 AM
Hi everyone,
I got my labor approved under perm on Sept 11th however I have not filed for I140 as yet. This is because of employer making n reasons to file the same. Anyways, if the 45 day rule comes into play - does my labor get cancelled as it has been more than 45 days since it has been approved or does the 45 day period start after April 26th. How many of you think this rule will come out. I hope it does. That way employers will have no choice but to file I 140. A lot of employers now adays are stalling filing the same since they fear the employee will move. Am I the only one facing the same problem or are there others as well?
Thanks and regards
45 day rule is not implemented yet.
I got my labor approved under perm on Sept 11th however I have not filed for I140 as yet. This is because of employer making n reasons to file the same. Anyways, if the 45 day rule comes into play - does my labor get cancelled as it has been more than 45 days since it has been approved or does the 45 day period start after April 26th. How many of you think this rule will come out. I hope it does. That way employers will have no choice but to file I 140. A lot of employers now adays are stalling filing the same since they fear the employee will move. Am I the only one facing the same problem or are there others as well?
Thanks and regards
45 day rule is not implemented yet.
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fasterthanlight�
05-19 05:49 PM
Agreed.
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grinch
05-09 01:16 PM
I like it, it's great, but the font of the 35 cents doesn't fit well... To generic?
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Sushana
01-15 11:52 AM
transfer of H1 will work. Enjoy
-M
mrdelhiite, Thanks a lot for the information. I really appreciate it.
Sushana
-M
mrdelhiite, Thanks a lot for the information. I really appreciate it.
Sushana
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pawelw
07-05 01:51 AM
My I140 (and I485) were filed in May 2010 (EB2, NSC). My attorney just notified me they received an RFE regarding my eduction. Apparently USCIS needs more details on my MSc degree from Poland (integrated, 5 years) and explanation why is it equivalent US masters degree.
Has anyone had a similar hurdle when filing under EB2 with a degree like that? Should I be terribly worried about getting my I140 approved or do cases like that normally go through (provided that an RFE is correctly replied to)?
Has anyone had a similar hurdle when filing under EB2 with a degree like that? Should I be terribly worried about getting my I140 approved or do cases like that normally go through (provided that an RFE is correctly replied to)?
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raysaikat
12-25 04:01 AM
Friends,
I am currently working at a systems company based on my EAD (H1 has expired). PD is Jun 2006.
I intend to marry a woman who is currently on F1 visa. I would like to know if there are any pitfalls from immigration point of view.
Renewing her F-1 visa stamp could be an issue as F-1 requires non-immigration intent (it is very difficult to make a case that she does not want to immigrate to US when her husband is in US on the green card route).
I understand that she can get an EAD only when my PD becomes current.
Can she file her I-485 petition based on my approved I-140?
Yes, that's how a spouse would submit I-485 petition.
If yes, would she continue in F1 status (or what will her status be?).
Her F-1 status will no longer be valid; she will be in the so-called "AOS".
Any other potential pitfalls in this particular scenario?
Any pointers would be useful.
Thanks in advance.
MC
I am currently working at a systems company based on my EAD (H1 has expired). PD is Jun 2006.
I intend to marry a woman who is currently on F1 visa. I would like to know if there are any pitfalls from immigration point of view.
Renewing her F-1 visa stamp could be an issue as F-1 requires non-immigration intent (it is very difficult to make a case that she does not want to immigrate to US when her husband is in US on the green card route).
I understand that she can get an EAD only when my PD becomes current.
Can she file her I-485 petition based on my approved I-140?
Yes, that's how a spouse would submit I-485 petition.
If yes, would she continue in F1 status (or what will her status be?).
Her F-1 status will no longer be valid; she will be in the so-called "AOS".
Any other potential pitfalls in this particular scenario?
Any pointers would be useful.
Thanks in advance.
MC
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India76
07-14 01:27 PM
I am currently on EAD and applied for I-485 in July 2007. My category is EB3 India.
I am also maintaing my H1-B status with current company. My priority date is December 2005.
As you all know about the situation of EB3 India and how long will it take to get to December 2005. I want to change the job as I am not getting paid as much as I am supposed to get considering my experience. I am also looking for some change and new opportunities.
So my question is if I get a contract job through a staffing agency and will be working for another company on contract and may be I get permanent after few months or may be not. Is it possible to work on contract for a company through staffing agency using my EAD? I never worked on contract my entire career so don't know anything about it.
What will I need to do or say when I go to staffing agency or the company I will be working for? what is the process?
Please advice as I know many of you have done this or know all about it.
Note: My wife is also on EAD( we applied for I-485 seperately) and not planning to move from the compay where she applied for GC.
Thanks in advance for the advice.
I am also maintaing my H1-B status with current company. My priority date is December 2005.
As you all know about the situation of EB3 India and how long will it take to get to December 2005. I want to change the job as I am not getting paid as much as I am supposed to get considering my experience. I am also looking for some change and new opportunities.
So my question is if I get a contract job through a staffing agency and will be working for another company on contract and may be I get permanent after few months or may be not. Is it possible to work on contract for a company through staffing agency using my EAD? I never worked on contract my entire career so don't know anything about it.
What will I need to do or say when I go to staffing agency or the company I will be working for? what is the process?
Please advice as I know many of you have done this or know all about it.
Note: My wife is also on EAD( we applied for I-485 seperately) and not planning to move from the compay where she applied for GC.
Thanks in advance for the advice.
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sheela
09-10 07:14 PM
I think it would be better idea to call them and find out their hours of operation. The address is usually given on the FP notice letter.
All the best!
I think: We donot have a choice. We have to show up on the day and time given on FP notice. If we can't- we have to request uscis for re-scheduling.
All the best!
I think: We donot have a choice. We have to show up on the day and time given on FP notice. If we can't- we have to request uscis for re-scheduling.
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pramodirt
12-06 11:07 AM
My employer sent the documents for my H1b extension today to USCIS and they applied it through premium process, can anyone please let me know how many days it will take to get the Receipt notice both in Email and hardcopy?
My H1b expires on Dec 15th 2010 and if I wont get my receipt notice by than can I stay in US legally or should I have to leave US?
Please let me know your suggestion.
H1b extension Receipt Notice issue time in PP
My H1b expires on Dec 15th 2010 and if I wont get my receipt notice by than can I stay in US legally or should I have to leave US?
Please let me know your suggestion.
H1b extension Receipt Notice issue time in PP
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mayitbesoon
11-16 12:20 PM
Please help me in this regard.
I came to US in Sep 2003 using H4 visa. Later in 2004 I applied for H1 visa with two different companies. first one got approved in Oct 2004, second one got approved in Nov 2004. I started working with the second company since Dec 2004.
Now, is it wrong not joining the first company upon approval. Since H1 status starts as soon as visa is approved, have i violated any status rules here by not working with first company at all?. What would be my status since the first H1 was approved and until i started working with second company?
Had i been out of status during the time period between Oct and Nov 2004?
Thank you.
I came to US in Sep 2003 using H4 visa. Later in 2004 I applied for H1 visa with two different companies. first one got approved in Oct 2004, second one got approved in Nov 2004. I started working with the second company since Dec 2004.
Now, is it wrong not joining the first company upon approval. Since H1 status starts as soon as visa is approved, have i violated any status rules here by not working with first company at all?. What would be my status since the first H1 was approved and until i started working with second company?
Had i been out of status during the time period between Oct and Nov 2004?
Thank you.
asanghi
12-15 01:52 PM
Has anybody recently applied to change visa status from H4 to F1? I want to know, how much time USCIS is currently taking to process F1
HalfDog
06-23 06:56 PM
idark, not to criticize, especially since I haven't submitted anything yet, but can't you do something better than a continuous gradation on the background? The animal/guy just deserves better. (that's a complement :D)
