TO BE OR NO TO BE
02-03 09:13 AM
I have a question.
I am EB3 with priority date Oct. 2006. My qualification from India is 3 years (B.Com) plus 1 year of M.com (I didn't complete the 2nd year) plus Intermediate ICWA and Chartered Accountancy. I got here in the USA in December 1999 on H1B and always maintained the status. I completed CPA in 2002 in the USA.
I did some research to port to EB2 (based on Bachelors degree plus 5 years experience) but it seems that USCIS wants 4 years continuous degree to be considered for EB2.
Is that true? Is there anyone in my situation who has done this porting successfully?
Any help will be greatly appreciate.
Thank you,
I am EB3 with priority date Oct. 2006. My qualification from India is 3 years (B.Com) plus 1 year of M.com (I didn't complete the 2nd year) plus Intermediate ICWA and Chartered Accountancy. I got here in the USA in December 1999 on H1B and always maintained the status. I completed CPA in 2002 in the USA.
I did some research to port to EB2 (based on Bachelors degree plus 5 years experience) but it seems that USCIS wants 4 years continuous degree to be considered for EB2.
Is that true? Is there anyone in my situation who has done this porting successfully?
Any help will be greatly appreciate.
Thank you,
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ash27
07-17 02:55 PM
Guys,
We need to ignore postings from Rockford. He is just trying to spread unnecessary rumors to gain attention. What a shame
we really have to be morons to take anynonymous comments at face-value.
or did you post the comments yourself and like the attention?
We need to ignore postings from Rockford. He is just trying to spread unnecessary rumors to gain attention. What a shame
we really have to be morons to take anynonymous comments at face-value.
or did you post the comments yourself and like the attention?
rajpatelemail
12-14 11:50 PM
Probably his problems are due to H 4 visa situation where as his 140 approved and got EAD.
Option 1) Get work on EAD, send your wife back to India and get her on Follow To Join.
Option 2) H1 transfer, she can stay. Apply labor/140 again and port the 140 priority date apply for 485, when date becomes current.
But option 1 is far far better, even it needs little sacrifise from your spouse point of view.
Or she can continue to stay by switching to F1 status.
Thai is the best way.
Option 1) Get work on EAD, send your wife back to India and get her on Follow To Join.
Option 2) H1 transfer, she can stay. Apply labor/140 again and port the 140 priority date apply for 485, when date becomes current.
But option 1 is far far better, even it needs little sacrifise from your spouse point of view.
Or she can continue to stay by switching to F1 status.
Thai is the best way.
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webm
03-19 03:57 PM
"On a side note, do these Processing dates also retrogress?
--Yes surprisingly it happened for TSC dates during March VB in Feb'08.retrogressed from May 24,2007 to April 10,2007
Keep hope,you should expect to receive GC soon...your PD,RD both passed the criteria for NSC.
HTH,
--Yes surprisingly it happened for TSC dates during March VB in Feb'08.retrogressed from May 24,2007 to April 10,2007
Keep hope,you should expect to receive GC soon...your PD,RD both passed the criteria for NSC.
HTH,
more...
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Munna Bhai
11-13 04:29 PM
I receive a confirmation for Address change after submitting online form and which I received some where around that time.
My EAD and Advance Payroll are approved but I did not receive Adv Payroll yet, waiting on it for 15 days.
it's advance parole not advance "payroll"
My EAD and Advance Payroll are approved but I did not receive Adv Payroll yet, waiting on it for 15 days.
it's advance parole not advance "payroll"
gimmemygreen
01-07 12:14 AM
I recently quit Wipro in United States after servicing two weeks notice period. Wipro didn't want me to stay longer as client was not willing to pay longer than two weeks. I have not signed any service agreement with them when I came onsite on H1B. However, they insist that their deputation letter sent through email is legally binding on me even though I didn't sign a hard copy of the letter. They are asking me to pay $10,00 or serve 6 months notice period which is no longer possible as I have already joined another company. I am seeking legal help in India and planning to sue them as they have withold all my PF, Gratuity, Leave encashment and other dues, experience/relieving letter. Is it possible to sue them in United States as I currently do not stay in India? Also, can I complain to DOL, USCIS about these issues. If yes, how do I go about it?
Sue them buddy. It has potential to become a class action. Wipro is the worst employer with third class management. Managers at Wipro can't even spell Management correctly. Couple years back interviewed with and was sitting on a bridge waiting for these clowns to call in for 35 minutes. After talking to them for first 5 minutes, I hung up my cell phone and never picked their call again. Azim Premji should go back and sell his cooking oil. Managers responsible for this kind of fraud should do 20 years in federal penitentiary and then deported back in plane full of shit to their native country:D.
Sue them buddy. It has potential to become a class action. Wipro is the worst employer with third class management. Managers at Wipro can't even spell Management correctly. Couple years back interviewed with and was sitting on a bridge waiting for these clowns to call in for 35 minutes. After talking to them for first 5 minutes, I hung up my cell phone and never picked their call again. Azim Premji should go back and sell his cooking oil. Managers responsible for this kind of fraud should do 20 years in federal penitentiary and then deported back in plane full of shit to their native country:D.
more...
v2neha
04-25 11:26 AM
hello folks,
I am switching jobs after an approved I140 and over 180 days from 485 receipt.
I am expecting no problems when leaving my current company. but just incase they decide to revoke my 140,
- is it ok to file AC21 after i receive the NOID if some thing happens or is it better to file AC21 now?
one other complication is i will be changing address too. how long does it take for USCIS to update my new address in their records? the reason i am asking is if they send me RFE or NOID, i will totally miss the boat if they send it to the wrong address. i am sure they will send a copy to my attorney, but he works form my current employer and I will assume he is less likely to help. Does it help if i file G28 with my own name and my new address?
I need to join my new job in 10 days and i hev give my crrent company a notice so it is a bit urgent. Please help.
Thank you
Rex
Even if online address change thru AR-11 has not taken effect, post office will forward your mail to your new address for 12 months - make sure you fill out change of address form with postal dept immediately
I am switching jobs after an approved I140 and over 180 days from 485 receipt.
I am expecting no problems when leaving my current company. but just incase they decide to revoke my 140,
- is it ok to file AC21 after i receive the NOID if some thing happens or is it better to file AC21 now?
one other complication is i will be changing address too. how long does it take for USCIS to update my new address in their records? the reason i am asking is if they send me RFE or NOID, i will totally miss the boat if they send it to the wrong address. i am sure they will send a copy to my attorney, but he works form my current employer and I will assume he is less likely to help. Does it help if i file G28 with my own name and my new address?
I need to join my new job in 10 days and i hev give my crrent company a notice so it is a bit urgent. Please help.
Thank you
Rex
Even if online address change thru AR-11 has not taken effect, post office will forward your mail to your new address for 12 months - make sure you fill out change of address form with postal dept immediately
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rsayed
07-08 01:56 PM
Thanks a lot for posting!
Please post the URL, always, if I may add.
http://www.immigration-law.com/
It's right on the home page.
Please post the URL, always, if I may add.
http://www.immigration-law.com/
It's right on the home page.
more...
kminkeller
03-09 01:00 PM
Hi I am very new to this forum and actually to all the Immigration related forums. Here is what my situation is.
I was working for a company A, got my PERM and I140 approved on EB3 and filed my I485 on with PD August 2007. I have also have the EAD and AP and am working on EAD as my H1 got voided after getting laid off from Company A on 2009. I am working with a company B with a higher salary than company A. This company didnt want to deal with USCIS and my agreement with this company does not allow me to discuss immigration matter with them. Now I got a new offer from company C with similar or slightly higher salary. Company C is ready to do my paper work.
Now I need to know what are the things that I can do.
1. Do I need to file PERM, I140 again on EB2?
2. Do I need to file for H1 again and complete the entire process?
3. What is and how to do EB3 to EB2 porting? is that all I need to do?
Please give me some advice. Thanks in advance.
KM
I was working for a company A, got my PERM and I140 approved on EB3 and filed my I485 on with PD August 2007. I have also have the EAD and AP and am working on EAD as my H1 got voided after getting laid off from Company A on 2009. I am working with a company B with a higher salary than company A. This company didnt want to deal with USCIS and my agreement with this company does not allow me to discuss immigration matter with them. Now I got a new offer from company C with similar or slightly higher salary. Company C is ready to do my paper work.
Now I need to know what are the things that I can do.
1. Do I need to file PERM, I140 again on EB2?
2. Do I need to file for H1 again and complete the entire process?
3. What is and how to do EB3 to EB2 porting? is that all I need to do?
Please give me some advice. Thanks in advance.
KM
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saileshdude
05-14 10:18 AM
Mishras,
Can you complete your profile and mention what is your PD , service center, etc. Also can you scan and post the exact copy of the RFE you received. You can take out all the personal info like your receipt number,name but keep the wordings of the RFE intact.
That would help people here to help you.
Can you complete your profile and mention what is your PD , service center, etc. Also can you scan and post the exact copy of the RFE you received. You can take out all the personal info like your receipt number,name but keep the wordings of the RFE intact.
That would help people here to help you.
more...
santb1975
02-16 10:04 PM
^^^
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eb3retro
04-15 08:40 AM
Hello,
You have no idea how I am desperate and will appreciate your help.
I basically get a 0 1 visa to work for a first employer. Then I get another job offer and leaved the first employer who revoked my initial visa.
The new employer was supposed to apply for a new visa for me but he never did it. He get debts problems and laid off half of the company including me.
My only visa has really been revoked so I really overstayed 7 months.
Today I got another job offer with a new sponsorship so I saw several attorneys and some of them said nothing was possible to do and some said it was maybe possible to fix the overstay.
Today I have to take a decision, go thought this new job offer and take the risk to never get the visa and then the job - or forget about it, leave the US right now and think about the USA in 3 years.
Please help me - what do you think I should do? Is it really impossible to get an overstay waiver with a new petitioner?
Thanks a lot for your advises
i am pretty sure you wont find any advice for illegal activities here in IV. Here you will see only law abiding LEGAL highly skilled immigrants discussing their issues. Before anyone I will show you the door out of IV, if you want advice for breaking the law.
You have no idea how I am desperate and will appreciate your help.
I basically get a 0 1 visa to work for a first employer. Then I get another job offer and leaved the first employer who revoked my initial visa.
The new employer was supposed to apply for a new visa for me but he never did it. He get debts problems and laid off half of the company including me.
My only visa has really been revoked so I really overstayed 7 months.
Today I got another job offer with a new sponsorship so I saw several attorneys and some of them said nothing was possible to do and some said it was maybe possible to fix the overstay.
Today I have to take a decision, go thought this new job offer and take the risk to never get the visa and then the job - or forget about it, leave the US right now and think about the USA in 3 years.
Please help me - what do you think I should do? Is it really impossible to get an overstay waiver with a new petitioner?
Thanks a lot for your advises
i am pretty sure you wont find any advice for illegal activities here in IV. Here you will see only law abiding LEGAL highly skilled immigrants discussing their issues. Before anyone I will show you the door out of IV, if you want advice for breaking the law.
more...
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prakgc
07-21 09:37 PM
For all those who are having nightmares about G325A and sending GA325 or for completeness need not worry if visa was issued more than a year back based on this.... I found this from the link provided earlier in this thread(pdf) by ushkand
Establishing completeness of records may entail preparation of a request for
background check from an American consulate or embassy.
The G-325A Biographic Information form must be completed by all
applicants between the ages of 14 and 79. Clerically processing this form
initiates a record check abroad for the applicant. This request, however, is not
needed for all applicants. If the applicant entered the United States more than
a year ago, the G-325A will not be processed. This limitation is imposed
because the Department of State generally destroys the nonimmigrant visa
application when the date of issuance is one year old.The G-325A is generally submitted with four copies--a white (original),
green, pink, and blue copy. You will only need to use two legible copies,
usually the white (file) and the blue (consul) copy. The only exception to this
rule is when the I-485 is accompanied by an I-130. The applicant of the I-485
is required to submit a G-325A for the underlying I-130 petition. In this
instance, you would include the pink copy of the G-325A in the record of
proceeding of the I-130.
Further, be aware that if an I-130 petition is included in the A-file, the spouse
of the applicant of the I-485 is required to submit a G-325A for that riding
petition. The spouse’s G-325A should be included in the record of proceeding
and not processed according to these instructions. It is considered a
supporting document and will be reviewed at the time of adjudication.
Establishing completeness of records may entail preparation of a request for
background check from an American consulate or embassy.
The G-325A Biographic Information form must be completed by all
applicants between the ages of 14 and 79. Clerically processing this form
initiates a record check abroad for the applicant. This request, however, is not
needed for all applicants. If the applicant entered the United States more than
a year ago, the G-325A will not be processed. This limitation is imposed
because the Department of State generally destroys the nonimmigrant visa
application when the date of issuance is one year old.The G-325A is generally submitted with four copies--a white (original),
green, pink, and blue copy. You will only need to use two legible copies,
usually the white (file) and the blue (consul) copy. The only exception to this
rule is when the I-485 is accompanied by an I-130. The applicant of the I-485
is required to submit a G-325A for the underlying I-130 petition. In this
instance, you would include the pink copy of the G-325A in the record of
proceeding of the I-130.
Further, be aware that if an I-130 petition is included in the A-file, the spouse
of the applicant of the I-485 is required to submit a G-325A for that riding
petition. The spouse’s G-325A should be included in the record of proceeding
and not processed according to these instructions. It is considered a
supporting document and will be reviewed at the time of adjudication.
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abhishekhp
11-24 02:04 PM
You should be fine to go ahead start processing you new EB2 based position under EAD. As mentioned in other posts here you do have to start over i.e file a new labor for the position under PERM and an I-140 to qualify under EB2. However you can port your PD while you are filing for theEB2 I-140 by attaching a copy of your previous EB3 I-140 approval notice. Also you need not reapply your I-485 as you can go ahead and do 'INTERFILING' basically letting the USCIS know to process the existing I-485 using your EB2 I-140 approval if its PD is current.
Hope that helps. Good luck !!!
Hope that helps. Good luck !!!
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krithi
02-04 08:11 AM
I am in similar situation but the only difference is I applied for 485 after graduating and currently working on EAD, can I visit India and come back on AP with no isses? and BTW what did ur attorney say exactly? appreciate ur help.
krithi
krithi
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forever_waiting
04-13 12:14 PM
Why was this thread bumped up again? This bill was introduced in Jan and has been sitting in a committee since early feb and might never see light of day.
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ItIsNotFunny
10-30 04:45 PM
Dude you have the AP use it... I have travelled on AP multiple time no issues. I have an approved H1 which I dont use any more...
All the best
You serious that you have valid H1B but you travelled and entered back on AP?
Why would you do that?
All the best
You serious that you have valid H1B but you travelled and entered back on AP?
Why would you do that?
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cbpds
06-08 02:52 PM
Appreciate your response kondur, we have submitted the original I94, hence we shd be fine.
In my opinion, you do not really have to. here are a few points (to the best of my knowledge):
1. Surrendering I 94 establishes the day/date when you left US.
2. If you have more than one I 94 (from the same entry), the "white one" will be attached to your passport and others (that came with extension or change of status) will be attached to your approval notices. THEY ALL ARE SUPPOSED TO HAVE SAME NUMBER. So, technically you have to surrender them all when you leave the country, but if you surrender any one of them, it still establishes the same thing and you do not need to do anything about the rest.
3. If you forgot to return I 94 altogether, keep a record of your leaving US on specific date (copy of boarding passes, passport stamp of entry in another country etc) and you can use that as an evidence of leaving in time (if asked about it in future). OR you can return your I 94 at a laterdate with these copies attached to USCIS.
I have not heard of anyone getting in trouble because of not returning I 94 (please correct me on this if any of you have heard of it) - as long as they did not overstay.
In my opinion, you do not really have to. here are a few points (to the best of my knowledge):
1. Surrendering I 94 establishes the day/date when you left US.
2. If you have more than one I 94 (from the same entry), the "white one" will be attached to your passport and others (that came with extension or change of status) will be attached to your approval notices. THEY ALL ARE SUPPOSED TO HAVE SAME NUMBER. So, technically you have to surrender them all when you leave the country, but if you surrender any one of them, it still establishes the same thing and you do not need to do anything about the rest.
3. If you forgot to return I 94 altogether, keep a record of your leaving US on specific date (copy of boarding passes, passport stamp of entry in another country etc) and you can use that as an evidence of leaving in time (if asked about it in future). OR you can return your I 94 at a laterdate with these copies attached to USCIS.
I have not heard of anyone getting in trouble because of not returning I 94 (please correct me on this if any of you have heard of it) - as long as they did not overstay.
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vikki76
04-21 12:21 PM
Yes, you can move to H4 and then to H1-B as long as that H1-B is filed within 12 months. Otherwise, your application will be subject to 65K cap limit
H4 can be filed onself, I have seen some of my friends do it. To file AOS once PD is current, it is essential that one be in H1-B status.
H4 can be filed onself, I have seen some of my friends do it. To file AOS once PD is current, it is essential that one be in H1-B status.
psam
03-09 07:31 PM
Hopefully you get a different officer. In my case they officer stamped I-551 on passport which was valid for six months for travel purpose and 1 year for employment.
Other online links suggest to talk with your congressperson so see if you get lucky.
Green Card Lost in the Mail - What to do When Your Green Card is Lost in the Mail (http://immigration.about.com/od/greencards/a/GreenCard_Lost.htm)
Other online links suggest to talk with your congressperson so see if you get lucky.
Green Card Lost in the Mail - What to do When Your Green Card is Lost in the Mail (http://immigration.about.com/od/greencards/a/GreenCard_Lost.htm)
jayleno
12-02 03:01 PM
Yes. Thats true. If you are not eligible for any other H-1extensions(i.e. labor filed 365 days before etc), you can apply for premium processing for I-140 if your H-1 is about to exprire. However, the extension can only be filed with a copy of the approved I-140. You can also do your H-1 under premuim processing if you are running out of time.
I think its better if you just go ahead and apply and pray everything works according to plan.
FinalGC, Thanks for your reply. I am partially paying for this process. I heard that if the labor is approved and h1b is about to expire, I can apply I-140 under premium processing due to a recent rule change. Is that true? If so, will I be able apply concurrent I-140 and h1B extension?
I think its better if you just go ahead and apply and pray everything works according to plan.
FinalGC, Thanks for your reply. I am partially paying for this process. I heard that if the labor is approved and h1b is about to expire, I can apply I-140 under premium processing due to a recent rule change. Is that true? If so, will I be able apply concurrent I-140 and h1B extension?
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