90210
05-11 01:54 PM
Hello 90210,
If you entered on AP your status is AOS/EAD,you can transfer your H1 but you can't be on H1 status unless and until you go out of the country and enter on H1.
I talked to Murthy about this couple of months ago.
Are you sure? There is a lot of confusion.
And what do you mean " you can transfer but you can't be on H1". If I transfer H1, then I can not work here unless I get the H1 stamped?
Can some Guru please make this clear?
If you entered on AP your status is AOS/EAD,you can transfer your H1 but you can't be on H1 status unless and until you go out of the country and enter on H1.
I talked to Murthy about this couple of months ago.
Are you sure? There is a lot of confusion.
And what do you mean " you can transfer but you can't be on H1". If I transfer H1, then I can not work here unless I get the H1 stamped?
Can some Guru please make this clear?
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aillarramendi
10-01 12:22 PM
Is the PD for AOS same than Consular Processing??
I'm asking because is supposed that they assign visas per country or not assign but is a limit of maximum 7% (I believe) of the visas per country.
So, if a person in EB3 with PD of July 2005 ROW (Rest of the World) applied for AOS in June 2007 and the USCIS approved the Green Card, why is that?
The PD is not current for EB3 ROW so, why the approved?
Is because the unused visas of the country was not completely used for consular processing and then the USCIS is using those visas for the same country but for AOS?
I don't understand why applications that are not current are getting GC approvals?
Thanks.
I'm asking because is supposed that they assign visas per country or not assign but is a limit of maximum 7% (I believe) of the visas per country.
So, if a person in EB3 with PD of July 2005 ROW (Rest of the World) applied for AOS in June 2007 and the USCIS approved the Green Card, why is that?
The PD is not current for EB3 ROW so, why the approved?
Is because the unused visas of the country was not completely used for consular processing and then the USCIS is using those visas for the same country but for AOS?
I don't understand why applications that are not current are getting GC approvals?
Thanks.
abhisam
01-08 02:01 PM
I also had submitted with my I-94 attached. I forgot to remove it. It was stapled and I got it back with my old passport. So dont worry.
Thank you for your reply!
Thank you for your reply!
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theperm
05-07 06:51 PM
bumping up
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raysaikat
08-04 11:36 AM
Hi, can someone help crack this puzzle?
I have an EB3 application with a PD of Nov 2002 (India). Filed I-485 in June 2007, along with medical forms etc. Of course, that category is 'unavailable' now.
In 2005, we started an EB2 application, within the same company, for a new job, this one requiring a Masters degree.
The EB2 I-140 was just approved, and the notice has the Nov 2002 Priority Date.
The attorney had earlier said they could port the priority dates from the EB3 to EB2 and interfile.
Now, he just called saying he is confused and not sure!
His views:
- There is no formal way to find out if the new I-140 was matched up with the old I-485.
- He says he will ask his peers and will also call USCIS Customer Service.
- He thinks we might need to file a new I-485 to support the new EB2 I-140 to show that there is a pending I-485 - because the underlying EB3 is Unavailable.
Appreciate any inputs!
Cheers!
IMHO, your best bet probably is filing another I-485 linking it with the new I-140 (EB2).
I have an EB3 application with a PD of Nov 2002 (India). Filed I-485 in June 2007, along with medical forms etc. Of course, that category is 'unavailable' now.
In 2005, we started an EB2 application, within the same company, for a new job, this one requiring a Masters degree.
The EB2 I-140 was just approved, and the notice has the Nov 2002 Priority Date.
The attorney had earlier said they could port the priority dates from the EB3 to EB2 and interfile.
Now, he just called saying he is confused and not sure!
His views:
- There is no formal way to find out if the new I-140 was matched up with the old I-485.
- He says he will ask his peers and will also call USCIS Customer Service.
- He thinks we might need to file a new I-485 to support the new EB2 I-140 to show that there is a pending I-485 - because the underlying EB3 is Unavailable.
Appreciate any inputs!
Cheers!
IMHO, your best bet probably is filing another I-485 linking it with the new I-140 (EB2).
eb3_nepa
05-14 09:55 AM
Maybe IV should Link to each new VB and put it on the home page ;) This will avoid 4 threads being created each time a VB is out!:p
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natrajs
08-21 12:07 PM
Best Wishes and Good Luck
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serg
04-06 11:01 PM
The faces from both sides - Major Lead and Minor Lead was looked as they didn't reach any agreement :( Frist was talking (number of times) about "Border Security Bill" at the end ...
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sammyb
03-24 02:04 PM
Thanks ... wil listen to it from home ...
http://wamu.org/programs/kn/08/03/24.php#20155
Our segment is available without fast forward
If the Windows Media does not load try with Real Player that normally works better for me.
http://wamu.org/programs/kn/08/03/24.php#20155
Our segment is available without fast forward
If the Windows Media does not load try with Real Player that normally works better for me.
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amitjoey
01-26 11:18 AM
Congrajulations! to all the toppers.
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simple1
05-18 05:00 AM
this guy is a fake. busted.
Hey
Thanks for responding to my question.Many thanks
Here is the Sequence of events :
Joined company 1
<>Labor filed in Nov 2005 under EB2 and approved
<>-I-140 Approved somewhere Aug 06
<> I then left Company 1 and joined a multi national IT Giant in India - Infosy. Joined Info - Jan 07 in India . BUT I was in good terms with Company 1
<>Came back to USA , as Infosys Employee around Sep 07 on B1 visa from India for 3 months . Went back to India.
<>Rejoined Company 1 ( my Original Company ) in Jan 08 ( Petition approved) . Got visa stamp around June 08 and entered US. Got Project Aug 08 and since then on project till date.
<> While on project Aug 08 I apply for I485 as my category EB2 became current. Got my FP done.
Then Around Nov 08 I got EAD and AP papers. So I have an EAD and AP
My Q's are
<> I heard that EB2 is retrogressing to 2000 for India . Now does not apply to folks whose LC and I140 Is approved or only for those who are stuck up at I140 Stage.
Please clarify on this. If I am in a stage where I am expecting my GC and already for EAD does it apply to me
<> What is a VISA Number. There is an A# Number on MY EAD and that same number shows up on AP Document ( I512-L Authorization for parole ) . Is this the same as an Immigrant Visa # or that is something that issues when I am granted my GC.
<> 6 months have passed since I got my EAD. If I join a new Employer and start using this EAD , can I renew it infinitely, till I get GC . What if My Visa is Not valid and I travel out of US to India solely on EAD? What happens then ? is there a chance that at port of entry my entry is denied based on my immigrant future intentions? I know on paper EAD gives you right to travel BUT is this a genuine risk of not being allowed at PO Entry
<> On the other hand - lets say I KEEP my EAD and not use it at all till my H1 expires . Then ,CAN I STILL BY ON H1 AND KEEP RENEWING MY EAD OR SINCE I NEVER USED IT IN PAST , IT IS MIGHT REJECT FOR RENEWAL.
I just dont know know with all this EB2 retrogression what is the best plan of action.
MANY Thanks Again
Sam
Hey
Thanks for responding to my question.Many thanks
Here is the Sequence of events :
Joined company 1
<>Labor filed in Nov 2005 under EB2 and approved
<>-I-140 Approved somewhere Aug 06
<> I then left Company 1 and joined a multi national IT Giant in India - Infosy. Joined Info - Jan 07 in India . BUT I was in good terms with Company 1
<>Came back to USA , as Infosys Employee around Sep 07 on B1 visa from India for 3 months . Went back to India.
<>Rejoined Company 1 ( my Original Company ) in Jan 08 ( Petition approved) . Got visa stamp around June 08 and entered US. Got Project Aug 08 and since then on project till date.
<> While on project Aug 08 I apply for I485 as my category EB2 became current. Got my FP done.
Then Around Nov 08 I got EAD and AP papers. So I have an EAD and AP
My Q's are
<> I heard that EB2 is retrogressing to 2000 for India . Now does not apply to folks whose LC and I140 Is approved or only for those who are stuck up at I140 Stage.
Please clarify on this. If I am in a stage where I am expecting my GC and already for EAD does it apply to me
<> What is a VISA Number. There is an A# Number on MY EAD and that same number shows up on AP Document ( I512-L Authorization for parole ) . Is this the same as an Immigrant Visa # or that is something that issues when I am granted my GC.
<> 6 months have passed since I got my EAD. If I join a new Employer and start using this EAD , can I renew it infinitely, till I get GC . What if My Visa is Not valid and I travel out of US to India solely on EAD? What happens then ? is there a chance that at port of entry my entry is denied based on my immigrant future intentions? I know on paper EAD gives you right to travel BUT is this a genuine risk of not being allowed at PO Entry
<> On the other hand - lets say I KEEP my EAD and not use it at all till my H1 expires . Then ,CAN I STILL BY ON H1 AND KEEP RENEWING MY EAD OR SINCE I NEVER USED IT IN PAST , IT IS MIGHT REJECT FOR RENEWAL.
I just dont know know with all this EB2 retrogression what is the best plan of action.
MANY Thanks Again
Sam
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ganguteli
06-12 09:52 AM
Hi,
While in the process of filing for labor certification my company has found 2 suitable citizens who are eligible for the job.
Now what are my options going forward and how does this affect my chances of a successful PERM filing ??
I'm filing in EB3 category right now. Also I need to file for labor before oct since my H1 will expire its original 6 year length next Oct (Oct 2010).
Ask your company to fire you asap. The HR should anyways fire you and hire the US citizen.
You should find another job asap.
If you cannot, then leave the country. If you overstay you will be illegal.
And if you are an anti-immigrant posting on this site to expect people to tell you how to break the law. Then sorry bad luck. I have seen your websites with such posts. Stop comming to this site and try to malign law abiding people. Got it.
Read this
http://www.post-gazette.com/pg/08060/861421-85.stm
1 in every 100 Americans in jail
While in the process of filing for labor certification my company has found 2 suitable citizens who are eligible for the job.
Now what are my options going forward and how does this affect my chances of a successful PERM filing ??
I'm filing in EB3 category right now. Also I need to file for labor before oct since my H1 will expire its original 6 year length next Oct (Oct 2010).
Ask your company to fire you asap. The HR should anyways fire you and hire the US citizen.
You should find another job asap.
If you cannot, then leave the country. If you overstay you will be illegal.
And if you are an anti-immigrant posting on this site to expect people to tell you how to break the law. Then sorry bad luck. I have seen your websites with such posts. Stop comming to this site and try to malign law abiding people. Got it.
Read this
http://www.post-gazette.com/pg/08060/861421-85.stm
1 in every 100 Americans in jail
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enggr
11-21 01:47 PM
enggr: You have completed the course in 2000 (per course completion certificate), but your degree was awarded in 2002 after you completed a supplemental exam. Since the position requires a candidate who qualifies for EB2, USCIS will deny your 140 petition. IMHO, you will have to start your green card journey from scratch.
Hi Wandmaker,
thank you for paying attention to my thread. Did you mean the position requires a EB2 candidate because of the 5 years of required exp?
I do have 5 years of exp, but its not progressive to graduation due to the 2000, 2002 issue. Also on the labor certification the employer has mentioned that he is ready to accept any alternative combination of experience/skills. Will this help? Please advice
Hi Wandmaker,
thank you for paying attention to my thread. Did you mean the position requires a EB2 candidate because of the 5 years of required exp?
I do have 5 years of exp, but its not progressive to graduation due to the 2000, 2002 issue. Also on the labor certification the employer has mentioned that he is ready to accept any alternative combination of experience/skills. Will this help? Please advice
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Green06
08-24 11:02 AM
Keep cheking the link below. It is archive of Kathy's shows. EOD today or by tomorrow the show should be archived here.
http://wpr.org/webcasting/audioarchives_display.cfm?Code=dun
http://wpr.org/webcasting/audioarchives_display.cfm?Code=dun
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voldemar
06-22 11:14 AM
Due to time contraints doctor sent me for a chest x-ray and skipped the TB skin test. Chest x-ray came back negative. Question: Is a TB skin test required if a chest x-ray is negative? No remarks were made as to why TB skin test was not given. Should suggest, to a reasonable person, that no active TB is presentI've got a RFE because of that. Now got TB skin test and will do X-Ray again if TB will be positive.
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chanduv23
09-04 11:16 AM
You can work on h1b - you will get H1b based on existing approved 140 and pending 485.
If 140 is revoked by employer you may get a RFE or NOID or in rare cases erroneous denial but you can continue on h1b while you respond to RFE or NOID oor through MTR to erroneous denial.
Sending AC21 docs does not necessarily mean you may not get NOID - AC21 docs seldom go into your file.
If 140 is revoked by employer you may get a RFE or NOID or in rare cases erroneous denial but you can continue on h1b while you respond to RFE or NOID oor through MTR to erroneous denial.
Sending AC21 docs does not necessarily mean you may not get NOID - AC21 docs seldom go into your file.
more...
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neelu
01-02 02:34 PM
Please anyone.........help me.
I couldn't find any other thread in this forum discussing the same problem as mine. Please let me know if it has been discussed already.
Thank you very much.
I couldn't find any other thread in this forum discussing the same problem as mine. Please let me know if it has been discussed already.
Thank you very much.
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lotres
11-09 07:08 AM
My lawyer told me the backlog is 400K. As an European, I am expecting to wait between 2 to 3 years for my GC. Anything sooner would be a nice surprise!
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jthomas
06-11 01:26 PM
people say I support it as if they are in the congress committee and the moment they say "I support it", the idea become a bill and gets passed.
Writing letters, requesting the lawmakers for a 10 year EAD due to the retrogression would be a easy task for most of the IV members. This would create awareness and those who are afraid of meeting lawmakers would find a chance to do so. Once it create a momentum the group would be active to work on bigger issues.
Great, if this bill gets passed it gives confidence we can do something. our voice shows strength and then more members would contribute, work on more action items etc..
thats my thought. We have to constantly work on action plans under a good management leader.
J thomas
Writing letters, requesting the lawmakers for a 10 year EAD due to the retrogression would be a easy task for most of the IV members. This would create awareness and those who are afraid of meeting lawmakers would find a chance to do so. Once it create a momentum the group would be active to work on bigger issues.
Great, if this bill gets passed it gives confidence we can do something. our voice shows strength and then more members would contribute, work on more action items etc..
thats my thought. We have to constantly work on action plans under a good management leader.
J thomas
vallabhu
01-02 01:53 PM
I am in my 8th year extension which is ending in April, My attorney think its 100% win case for one main reason
my labor is filed EB3 Skilled worker
he mentioned with in EB3 there are 2 categories Skilled and professional
for EB3 professional USCIS has complete authority to deny based educational requirements and they can define educational requirements based on job profile.
but for eb3 skilled employer has complete discretion of defining edu requirements.
mine was filed in eb3 skilled and ETA clearly says client will accept 3 year foreign degree.
h thinks any second eye would have approved this but it was unfortunate to be processed by a adjudicator who does have comeplete knwledge and does not know difference between eb3 prof and eb3 skilled
his plan of action is to send them evaluations from multiple academies as you guys have mentioned.
and it looks very fishy from the denial letter
denial states I have now taken any maths courses in graduation but course in physics and chemistry in graduation, and one math course in intermediate which is not sufficient.
and maths is mentioned between physics and chemistry we don't know how he could miss that, Intermediate transcripts does mention mathematics.
I can paste exact content of denial by tomorrow.
my labor is filed EB3 Skilled worker
he mentioned with in EB3 there are 2 categories Skilled and professional
for EB3 professional USCIS has complete authority to deny based educational requirements and they can define educational requirements based on job profile.
but for eb3 skilled employer has complete discretion of defining edu requirements.
mine was filed in eb3 skilled and ETA clearly says client will accept 3 year foreign degree.
h thinks any second eye would have approved this but it was unfortunate to be processed by a adjudicator who does have comeplete knwledge and does not know difference between eb3 prof and eb3 skilled
his plan of action is to send them evaluations from multiple academies as you guys have mentioned.
and it looks very fishy from the denial letter
denial states I have now taken any maths courses in graduation but course in physics and chemistry in graduation, and one math course in intermediate which is not sufficient.
and maths is mentioned between physics and chemistry we don't know how he could miss that, Intermediate transcripts does mention mathematics.
I can paste exact content of denial by tomorrow.
dvb
12-10 11:16 AM
Hi All,
Just posting my experience of traveling on AP as a reference for others:
I traveled to Japan on a business visit with all 3 copies of my AP , and on return stood in the normal visitor line. When I came up to the officer, he said I should go to the "new immigrants" line, since only those officers have the necessary parole stamps.
In the other line, the officer said it was good that I brought all three copies, since they stamp all three, keep one original for themselves and return two back. The next time I travel, they will stamp the two I have, keep one and return one to me. After that, they will stamp the one original I have left, and make copies for themselves.
The officer did not ask any special questions, except which city I stay in, the rest of it was just chit-chat.
Simple process, no hassles.
Enjoy!
Just posting my experience of traveling on AP as a reference for others:
I traveled to Japan on a business visit with all 3 copies of my AP , and on return stood in the normal visitor line. When I came up to the officer, he said I should go to the "new immigrants" line, since only those officers have the necessary parole stamps.
In the other line, the officer said it was good that I brought all three copies, since they stamp all three, keep one original for themselves and return two back. The next time I travel, they will stamp the two I have, keep one and return one to me. After that, they will stamp the one original I have left, and make copies for themselves.
The officer did not ask any special questions, except which city I stay in, the rest of it was just chit-chat.
Simple process, no hassles.
Enjoy!
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