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eilsoe
10-03 01:48 PM
I have a feeling this could get evil...
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mysticblue
08-20 02:42 PM
just remember to carefully preserve all payslips, email communications, and all other docs from this period. If and when you file for GC, you MAY need these docs.
But, otherwise, your case is straightforward. As long as you send the H1 transfer to CIS before you are terminated/resign from B, you status will continue uninterrupted... So you are ok.
Fortunately, the situation has improved now. I just got to know from the USCIS site that my H1B transfer to Company B has been approved (Current Status: Approval notice sent.). So I think, I may now be able to directly transfer my Visa from Company B to C. However, I came to know that my current employer (B) takes a long time to hand over the approval notice to the employee (about a month). I don't think Company C can wait that long for initiating the new H1B transfer. Also, the termination deadline of August end from Company B still remains, which means that I have to transfer to C before end of this month.
1. If getting the approval notice from B gets delayed, can I use the receipt from B to transfer my visa to C ?
2. If not, is there any other alternative I can go with ?
But, otherwise, your case is straightforward. As long as you send the H1 transfer to CIS before you are terminated/resign from B, you status will continue uninterrupted... So you are ok.
Fortunately, the situation has improved now. I just got to know from the USCIS site that my H1B transfer to Company B has been approved (Current Status: Approval notice sent.). So I think, I may now be able to directly transfer my Visa from Company B to C. However, I came to know that my current employer (B) takes a long time to hand over the approval notice to the employee (about a month). I don't think Company C can wait that long for initiating the new H1B transfer. Also, the termination deadline of August end from Company B still remains, which means that I have to transfer to C before end of this month.
1. If getting the approval notice from B gets delayed, can I use the receipt from B to transfer my visa to C ?
2. If not, is there any other alternative I can go with ?
fall2004us
09-14 03:58 PM
looks interesting....
2011 Poem: My Country, My Life,
peer123
04-03 08:00 PM
I am sorry m friend, I can understand, if I can console you in any way, I lost couple of offers like this already, I have confirmed with my potential employer he seem to understand the process about EAD and said it should just work fine.
hopefully it will work out...
hopefully it will work out...
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martinvisalaw
12-01 06:00 PM
The relevant dates, as I see it, are:
10/06: H-1B ext filed
12/06: H-1B expired, ext still pending
7/07: 485 filed.
??: H-1B ext denied?
Using INA 245k you may be able to argue that you are eligible to adjust because you may not have violated status for over 180 days, or at all, before filing the 485. Recent CIS memos on the issue of unlawful presence and related topics have made this a very complicated subject, so you really need to review the entire history with an immigration attorney in a formal consultation.
10/06: H-1B ext filed
12/06: H-1B expired, ext still pending
7/07: 485 filed.
??: H-1B ext denied?
Using INA 245k you may be able to argue that you are eligible to adjust because you may not have violated status for over 180 days, or at all, before filing the 485. Recent CIS memos on the issue of unlawful presence and related topics have made this a very complicated subject, so you really need to review the entire history with an immigration attorney in a formal consultation.
eb3_nepa
07-21 09:49 AM
EB3_NEPA
As Far I as know we cannot have 2 Visas at the same time. The logic behind this is, L1 Visa is specifically meant for Company Transfer and you need to be having at least 1 year in the Company even before applying for L1 Visa.
And coming to having H1 simultaneously is not possible as you will be doing a transfer from H1 to L1 as you are still in the country and your H1 visa becomes invalid. Also the 6 year limit applies to both the period spent on H1 and L1.
If you would require to start afresh , then you need to go back the country and get fresh L1 visa stamped and that would be valid for 6 years...
I was in the same situtation and had to transfer from L1 to H1 as I did not want to go through the Visa appointment hassles.
Hope this helps...
:( That sucks, but thanks for the info.
As Far I as know we cannot have 2 Visas at the same time. The logic behind this is, L1 Visa is specifically meant for Company Transfer and you need to be having at least 1 year in the Company even before applying for L1 Visa.
And coming to having H1 simultaneously is not possible as you will be doing a transfer from H1 to L1 as you are still in the country and your H1 visa becomes invalid. Also the 6 year limit applies to both the period spent on H1 and L1.
If you would require to start afresh , then you need to go back the country and get fresh L1 visa stamped and that would be valid for 6 years...
I was in the same situtation and had to transfer from L1 to H1 as I did not want to go through the Visa appointment hassles.
Hope this helps...
:( That sucks, but thanks for the info.
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ameerka_dream
04-19 08:35 AM
^^^^^^^^^^bump^^^^^^^^^^
2010 DRAMA OF LIFE - poem and
munnu77
12-12 06:56 PM
sorry if i am wrong..
How can someonw get a result on 140 with in 6 months, whn the waiting period is more thn 1 yr..
i just dont trust these consultants..
How can someonw get a result on 140 with in 6 months, whn the waiting period is more thn 1 yr..
i just dont trust these consultants..
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saro28
09-09 08:43 PM
Do you think the birth certificate from Indian consulate ( here in US) are acceptable?
Did you try that option?
Did you try that option?
hair Let#39;s write about life,
paskal
04-12 08:23 PM
In other words we can go through CompeteAmerica, as this is the umbrella organization working in this area?
we do collaborate closely with compete america on these issues.
we also requested everyone to get letters from their employers for administrative fixes...perhaps you missed that. we have also constantly encouraged everyone to present these issues to their employers and get support for immigration reform. at least one major corporation's employees in immigration voice have successfully lobbied their employer to become active and help bring immigration reform. the given corporation has been a strong voice and a great asset to us since then.
so you see my friend, it's really up to you. core team or iv leaders can't do this. you can. it's a good idea. go ahead now and walk the talk! hopefully we will see your employer "abc" (that's it, right Harivinder?) speaking up for us soon.
we do collaborate closely with compete america on these issues.
we also requested everyone to get letters from their employers for administrative fixes...perhaps you missed that. we have also constantly encouraged everyone to present these issues to their employers and get support for immigration reform. at least one major corporation's employees in immigration voice have successfully lobbied their employer to become active and help bring immigration reform. the given corporation has been a strong voice and a great asset to us since then.
so you see my friend, it's really up to you. core team or iv leaders can't do this. you can. it's a good idea. go ahead now and walk the talk! hopefully we will see your employer "abc" (that's it, right Harivinder?) speaking up for us soon.
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skumar9
04-13 12:26 PM
So did you answer the RFE ? ....
hot it#39;s the pattern of life.
desi3933
06-18 04:30 PM
Under Part 3.
What should one put for
1. Nonimmigrant Visa number
2. Date Visa Issued
3. Consulate Where Visa was Issued.
I'm currently on a valid H1 extension with a valid I-94. The visa on passport has expired and I had got an extension within US. Anybody any ideas????
Mr. EndlessWait -
You extended your status, not visa. Please get your basics correct.
1. Nonimmigrant Visa number
Visa Number for the last issued visa (does not matter if is expired)
2. Date Visa Issued
Date of Issue for Visa in #1
3. Consulate Where Visa was Issued.
Place of Issue for Visa in #1
Good Luck
Please check and verify details with your attorney/lawyer. This is NOT a legal advice.
----------------------------------
Permanent Resident since May 2002
What should one put for
1. Nonimmigrant Visa number
2. Date Visa Issued
3. Consulate Where Visa was Issued.
I'm currently on a valid H1 extension with a valid I-94. The visa on passport has expired and I had got an extension within US. Anybody any ideas????
Mr. EndlessWait -
You extended your status, not visa. Please get your basics correct.
1. Nonimmigrant Visa number
Visa Number for the last issued visa (does not matter if is expired)
2. Date Visa Issued
Date of Issue for Visa in #1
3. Consulate Where Visa was Issued.
Place of Issue for Visa in #1
Good Luck
Please check and verify details with your attorney/lawyer. This is NOT a legal advice.
----------------------------------
Permanent Resident since May 2002
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JunRN
08-21 11:38 AM
Once they're through with July 2 or 3 filers, July 17th filers onwards will be next because there are just a handful who filed on July 4 to July 16. This news makes sense to me.
It seems Texas is moving fast now and so is Nebraska. We can see a big leap in the Receipting Up-date this coming Friday. Whew...mine is 2 receipting up-date away and got no privilege to see if checks got encashed because atty. paid the fees.
It seems Texas is moving fast now and so is Nebraska. We can see a big leap in the Receipting Up-date this coming Friday. Whew...mine is 2 receipting up-date away and got no privilege to see if checks got encashed because atty. paid the fees.
tattoo quotes and poems about life
amsgc
08-07 09:55 PM
why is name check still an issue? I thought the Feb memo spelt it out in no uncertain terms.
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msp1976
03-31 08:55 AM
Hello everyone,
My LC was filed in Perm process and even got approved but the hard copy got lost in mail handling. Can I have another LC filed from the same company? Furthermore, can I reuse my first LC's postings-advertisements that the company does before filing the LC?
Please any suggestions would be greatly appreciated
Thank you.
I believe that you do not have to refile just because you lost the hard copy...
This is not a lottery ticket that if you lose, you are left with nothing..
There must a procedure to get the same certificate reissued from DOL..
Please do the research and let is know...
My LC was filed in Perm process and even got approved but the hard copy got lost in mail handling. Can I have another LC filed from the same company? Furthermore, can I reuse my first LC's postings-advertisements that the company does before filing the LC?
Please any suggestions would be greatly appreciated
Thank you.
I believe that you do not have to refile just because you lost the hard copy...
This is not a lottery ticket that if you lose, you are left with nothing..
There must a procedure to get the same certificate reissued from DOL..
Please do the research and let is know...
dresses Feel free to use on your blog
mambarg
08-05 11:44 PM
I took some time to compile the list of INDIA only EB3 and EB2 categories for past 2 years and from the trend, it is very easy to predict the Oct bulletin.
It does not need a attorney or spies. You just need to work up the numbers.
I did this only for INDIA. Any chinese can complile it for China.
MONTH EB2 EB3
Aug 05 C 01APR01
Sep 05 C U
Oct 05 01NOV99 01JAN98
Nov 05 01NOV99 01JAN98
Dec 05 01JUL00 1-Jan-99
Jan 06 01JAN01 01JUN99
Feb 06 01AUG01 01JAN00
Mar 06 01JAN02 01JAN01
Apr 06 01JUL02 01FEB01
May 06 01JAN03 01MAR01
Jun 06 01JAN03 08APR01
Jul 06 01JAN03 15APR01
Aug 06 U 01APR01
Sep 06 U 15APR01
Oct 06 15JUN02 22-Apr-01
Nov 06 01JAN03 APRIL01
Dec 06 08JAN03
Jan 07 Jan03 May01
Feb 07 Jan03 May01
Mar 07 Jan03 May01
Apr 07 Jan03 May01
May 07 Jan03 May01
Jun 07 Apr04 Jun03
Jul 07 C C
Aug 07 U U
Sep 07 Jan03 May01
Oct 07 Jan03 May01
Nov 07 Jul03 June02
Dec 07 Jul03 Jun02
Jan 08 Jan04 Jun02
Feb 08 Jan04 Jun02
Here is my analysis.
Bulletin dates moves by six months as max jump for EB2 and 1 month for EB3.
Begining of New year in Oct, they conservatively pull back the numbers so as to flush out pending apps.
Now since they have already flushed apps in June/July, in Nov they will move EB2 by six months and possibly either stop there or make it one full year by moving it by another six months.
For EB3, they like to get it stuck at mid year so Jun02.
Guys, give a thought to this trend and see if you can guess more accurately.
It does not need a attorney or spies. You just need to work up the numbers.
I did this only for INDIA. Any chinese can complile it for China.
MONTH EB2 EB3
Aug 05 C 01APR01
Sep 05 C U
Oct 05 01NOV99 01JAN98
Nov 05 01NOV99 01JAN98
Dec 05 01JUL00 1-Jan-99
Jan 06 01JAN01 01JUN99
Feb 06 01AUG01 01JAN00
Mar 06 01JAN02 01JAN01
Apr 06 01JUL02 01FEB01
May 06 01JAN03 01MAR01
Jun 06 01JAN03 08APR01
Jul 06 01JAN03 15APR01
Aug 06 U 01APR01
Sep 06 U 15APR01
Oct 06 15JUN02 22-Apr-01
Nov 06 01JAN03 APRIL01
Dec 06 08JAN03
Jan 07 Jan03 May01
Feb 07 Jan03 May01
Mar 07 Jan03 May01
Apr 07 Jan03 May01
May 07 Jan03 May01
Jun 07 Apr04 Jun03
Jul 07 C C
Aug 07 U U
Sep 07 Jan03 May01
Oct 07 Jan03 May01
Nov 07 Jul03 June02
Dec 07 Jul03 Jun02
Jan 08 Jan04 Jun02
Feb 08 Jan04 Jun02
Here is my analysis.
Bulletin dates moves by six months as max jump for EB2 and 1 month for EB3.
Begining of New year in Oct, they conservatively pull back the numbers so as to flush out pending apps.
Now since they have already flushed apps in June/July, in Nov they will move EB2 by six months and possibly either stop there or make it one full year by moving it by another six months.
For EB3, they like to get it stuck at mid year so Jun02.
Guys, give a thought to this trend and see if you can guess more accurately.
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ash0210
08-16 09:36 AM
US Date format on your AP would create some confusion in Immigration officer at Airport in India while coming back to USA..
On Bombay air port, I struggled for 5 minutes on AP date..US dates are MMDDYY format while India have DDMMYY...Our AP date was 9/7/2005 (Sep 7 2005) & we were travelling back to US on Aug 2, 2005 (India format 2/8/2005)...Immigration officer told us that WE Cant travel because our AP was expirered on Jul 9, 2007..I told him that USA dates are in MMDDYY format but he did not listened..then he called his Supervisor, his boss looked at our AP & he also said WE cant travel....Then I "politely" argued that dates in USA are MMDDYY format & my AP is valid...Somehow, his colleague on next counter was listening our converastion with him (& his Boss) and told our IO that I am right and my AP was valid....some how he was convinced by his colleguae and we were let go...
All of our family were tense...so take care of AP date format...
On Bombay air port, I struggled for 5 minutes on AP date..US dates are MMDDYY format while India have DDMMYY...Our AP date was 9/7/2005 (Sep 7 2005) & we were travelling back to US on Aug 2, 2005 (India format 2/8/2005)...Immigration officer told us that WE Cant travel because our AP was expirered on Jul 9, 2007..I told him that USA dates are in MMDDYY format but he did not listened..then he called his Supervisor, his boss looked at our AP & he also said WE cant travel....Then I "politely" argued that dates in USA are MMDDYY format & my AP is valid...Somehow, his colleague on next counter was listening our converastion with him (& his Boss) and told our IO that I am right and my AP was valid....some how he was convinced by his colleguae and we were let go...
All of our family were tense...so take care of AP date format...
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s416504
02-03 10:04 AM
I asked same question to my lawyer 2 days ago & he said "YES". One can request to consider for multiple categories by reapplying I140 again. Lates USCIS's Q&A confirms that...
Q #3. What if the petitioner wants to request consideration of multiple visa categories on behalf of an alien beneficiary? [Answer Finalized on 06/30/09]
A. If you want to classify the alien beneficiary under multiple visa preference categories, file a separate Form I-140 petition, with the required fee and supporting documentation for each requested visa category.
As far as your labor qualifies for EB2, you are OK.
USCIS - Petition Filing and Processing Procedures for Form I-140, Immigrant Petition for Alien Worker (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=cfe8745543256210VgnVCM100000082ca60aRCR D&vgnextchannel=68439c7755cb9010VgnVCM10000045f3d6a1 RCRD)
I have a labor approved for the requirement:
"Must have BS in CS, EE or related field w/5 years of related experience"
EB3 I-140 was approved in 2008. Can I re-apply for EB2 I-140 using the same labor?
Please note I have BS in CS and had more than 5 yrs of expereince before joining my current employer. I have not changed my employer - EB3 is also from the same employer.
Q #3. What if the petitioner wants to request consideration of multiple visa categories on behalf of an alien beneficiary? [Answer Finalized on 06/30/09]
A. If you want to classify the alien beneficiary under multiple visa preference categories, file a separate Form I-140 petition, with the required fee and supporting documentation for each requested visa category.
As far as your labor qualifies for EB2, you are OK.
USCIS - Petition Filing and Processing Procedures for Form I-140, Immigrant Petition for Alien Worker (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=cfe8745543256210VgnVCM100000082ca60aRCR D&vgnextchannel=68439c7755cb9010VgnVCM10000045f3d6a1 RCRD)
I have a labor approved for the requirement:
"Must have BS in CS, EE or related field w/5 years of related experience"
EB3 I-140 was approved in 2008. Can I re-apply for EB2 I-140 using the same labor?
Please note I have BS in CS and had more than 5 yrs of expereince before joining my current employer. I have not changed my employer - EB3 is also from the same employer.
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rockyrock
07-28 09:53 AM
My thinking is that this mad rush of dates being current, should not have much effect on the retrogression in Oct 07, because either way most of us will get green cards only after date becomes current....granted we'll get EAD and AP.....Since last retrogression for EB-2 was April 04, my guess is going to be somewhere like Jan 04.........Please share ur thoughts....
WillIBLucky
11-17 01:56 PM
That brings up a good point, why do you think all the PDs are moving except India?
Is there really that many applicants from India than China
The problem is even CIS layed off many people since 2004 and now are left with few people to work on. The left out people are not "like Indians in USA" kind of people.
And further more they cannot offshore processing to India as well. So what do they do......hmm lets retrogress Indians. Its working for them.
Is there really that many applicants from India than China
The problem is even CIS layed off many people since 2004 and now are left with few people to work on. The left out people are not "like Indians in USA" kind of people.
And further more they cannot offshore processing to India as well. So what do they do......hmm lets retrogress Indians. Its working for them.
immi2006
05-24 09:14 AM
If you want to make decisions do it based on career progress not on GC.
I seriously doubt if you can get your GC IMHO, reason being with 7 % of 90000 being a small number for any country. Particularly India / China, DO you know something - there are thousands in line from 2002 onwards waiting to file 485.
Even after 10 years of wait the number will still not be enough to fill the 485 backlog. I do not want to sound as someone not wishing you well. I am touching on ground realities.
I seriously doubt if you can get your GC IMHO, reason being with 7 % of 90000 being a small number for any country. Particularly India / China, DO you know something - there are thousands in line from 2002 onwards waiting to file 485.
Even after 10 years of wait the number will still not be enough to fill the 485 backlog. I do not want to sound as someone not wishing you well. I am touching on ground realities.
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