snathan
08-26 09:02 PM
Hi folks,
Is there any body out here ported eb3 to eb2 from same employer.
If so what was the process. I have 5 years of experience and 4 yrs of Bachelors Degree.
Your help is greatly appreciated.
Many thanks in advance
Unfortunately your current job experience can not be used for the GC process. If you want to start the EB2, you need to find job
Is there any body out here ported eb3 to eb2 from same employer.
If so what was the process. I have 5 years of experience and 4 yrs of Bachelors Degree.
Your help is greatly appreciated.
Many thanks in advance
Unfortunately your current job experience can not be used for the GC process. If you want to start the EB2, you need to find job
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anandrajesh
12-07 03:37 PM
Answers to the best of my knowledge. Read my Disclaimer at the end...
Questions:-
1) To take an appointment in India we need to get the HDFC bar code, for which we need to present the copy of first page of passport. Can we take an appoinment on the basis of old passport & then carry both the old & new passport at the time of interview?
-- Yes. You can do that and explain the consular officer abt the need for new passport
If yes, on which passport will we get the stamp? If only the old passport then do we need to take another appointment later to get the new passport stamped.
-- Stamping in one of the ppt is enough. You need to carry both of your passports wherever you go. In my case i went for my stamping last month and my passport is expiring Aug 07. I have my 3 year stamping on my ppt.
2) Do we need to take seperate appointment for my husband & me to get the stamping done in India ?
-- One appt for both of u is enough. There is provision to add upto 10 applicants of the same family in 1 appt slot.
3) Will appointment be available in Feb or we r too late ?
-- They have opened it up in all embassies. You will get it.
Try the link https://www.vfs-usa.co.in/Home.aspx to get an estimate.
Feel free to ask me for any more qns.
Questions:-
1) To take an appointment in India we need to get the HDFC bar code, for which we need to present the copy of first page of passport. Can we take an appoinment on the basis of old passport & then carry both the old & new passport at the time of interview?
-- Yes. You can do that and explain the consular officer abt the need for new passport
If yes, on which passport will we get the stamp? If only the old passport then do we need to take another appointment later to get the new passport stamped.
-- Stamping in one of the ppt is enough. You need to carry both of your passports wherever you go. In my case i went for my stamping last month and my passport is expiring Aug 07. I have my 3 year stamping on my ppt.
2) Do we need to take seperate appointment for my husband & me to get the stamping done in India ?
-- One appt for both of u is enough. There is provision to add upto 10 applicants of the same family in 1 appt slot.
3) Will appointment be available in Feb or we r too late ?
-- They have opened it up in all embassies. You will get it.
Try the link https://www.vfs-usa.co.in/Home.aspx to get an estimate.
Feel free to ask me for any more qns.
legalrights
08-19 12:27 AM
1) If one files I-140, I-485 and I-765 concurrently with Labor substitution, can he get EAD before the approval of I-140?
******Yes. Mine is a Labor substitution case and I got my EAD within Two months
2) what's the earliest time one can change job and still not loose getting GC while it is in process? Is it after getting EAD or does he has to wait for I-14 to get approved or have I-140 to be pening for more than 6 months?
*******It is not very clear even in the AC21 law. But the safest thing is wait for I-140 approval and 180 days after I-1485 Notice date. Suppose your I-140 is not approved on or before 180 days, then wait. If it is getting approved on 190th day, you can use AC21 on 191th day, from your I-485 Notice date. (180 days from the Receipt date will be fine. But just for extra precaution, use AC21 rule after 180 days from Notice date, which comes later)
******Yes. Mine is a Labor substitution case and I got my EAD within Two months
2) what's the earliest time one can change job and still not loose getting GC while it is in process? Is it after getting EAD or does he has to wait for I-14 to get approved or have I-140 to be pening for more than 6 months?
*******It is not very clear even in the AC21 law. But the safest thing is wait for I-140 approval and 180 days after I-1485 Notice date. Suppose your I-140 is not approved on or before 180 days, then wait. If it is getting approved on 190th day, you can use AC21 on 191th day, from your I-485 Notice date. (180 days from the Receipt date will be fine. But just for extra precaution, use AC21 rule after 180 days from Notice date, which comes later)
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cdeneo
06-18 02:07 PM
Since many are about to file their I 485 petitions, there was some talk about some advantages to filing this petition when the new fee structure goes into effect end of July.
One might be able to wait till mid July to see the August bulletin come out, if PD still current then could file in August with the new fee structure.
Question I had was -
What are the advantages if any to filing when the new fee structure is in place?
or should one file the earliest date one can, say 1st week of July?
I would appreciate if someone could shed some light on this. Thanks!
One might be able to wait till mid July to see the August bulletin come out, if PD still current then could file in August with the new fee structure.
Question I had was -
What are the advantages if any to filing when the new fee structure is in place?
or should one file the earliest date one can, say 1st week of July?
I would appreciate if someone could shed some light on this. Thanks!
more...
vikki76
09-19 03:00 AM
I am planning to book tickets for my parents travelling from India to US and returning back to India after 2 months. I have some questions:
1) Is it necessary to book tickets in India?
2) If not, Can I book tickets through orbitz or expedia in the US and send them the e-tickets?
Please reply with your experiences.
Thanks in advance!
you can book from expedia/orbitz. We recently booked on American Airlines for parents.
1) Is it necessary to book tickets in India?
2) If not, Can I book tickets through orbitz or expedia in the US and send them the e-tickets?
Please reply with your experiences.
Thanks in advance!
you can book from expedia/orbitz. We recently booked on American Airlines for parents.
485_spouse
04-27 03:16 PM
I-140 approved
Self I-485 2004, Spouse not able to file I-485 because of retrogression
Wife not able to work(H4, no EAD)
Moving around for jobs with family
Good Employer but not great
Frustation with H1B Extension and stamping
Not able to Plan to go to India because of Interview dates
Not able to buy house
I have EAD but have to stick with the current employer
No promotion
Could not join fortune 500 company as no GC :mad:
Self I-485 2004, Spouse not able to file I-485 because of retrogression
Wife not able to work(H4, no EAD)
Moving around for jobs with family
Good Employer but not great
Frustation with H1B Extension and stamping
Not able to Plan to go to India because of Interview dates
Not able to buy house
I have EAD but have to stick with the current employer
No promotion
Could not join fortune 500 company as no GC :mad:
more...
pmpforgc
09-28 10:52 AM
Dear Members
I seek your expert advise on following situation as my lawayer is not much clear on the topic.
I am from India and filed through university my I-140 and I-485 Concurrently on August-22,2006 in EB-2 SCHEDULE A ( Categorey II) EXCEPTIONAL ABILITY which is still current for all countries including India.. I had not seen any activity on My I-140 yet and Now for EB-2 Premiumprocessing is available now.More over Schedule A is likely to retrogess some time in November,2006
In this regards I need your guidance on following points.
(1) Does the possible retrogession in November means they will retrogess from November-2006 onwards? or they may retrogess even before say March-2006 or any previous date.
(2) If they retrogess from say Nov-15 than does it means that since I applied on August-23, My I-485s ( me and my family) will continue to be processed?
(3) In the view of possible retrogession of Schedule A, do you think I should go for Premium processing or not? Does it will help in any way to avoid retrogession of I-485s
(4)Based on past experiences, Does the application for premium processing hurt in any way in terms of final decision ( not the speed but out come approval or denial)?
Your input will greatly help me in deciding about premium processing.
Thanks
I seek your expert advise on following situation as my lawayer is not much clear on the topic.
I am from India and filed through university my I-140 and I-485 Concurrently on August-22,2006 in EB-2 SCHEDULE A ( Categorey II) EXCEPTIONAL ABILITY which is still current for all countries including India.. I had not seen any activity on My I-140 yet and Now for EB-2 Premiumprocessing is available now.More over Schedule A is likely to retrogess some time in November,2006
In this regards I need your guidance on following points.
(1) Does the possible retrogession in November means they will retrogess from November-2006 onwards? or they may retrogess even before say March-2006 or any previous date.
(2) If they retrogess from say Nov-15 than does it means that since I applied on August-23, My I-485s ( me and my family) will continue to be processed?
(3) In the view of possible retrogession of Schedule A, do you think I should go for Premium processing or not? Does it will help in any way to avoid retrogession of I-485s
(4)Based on past experiences, Does the application for premium processing hurt in any way in terms of final decision ( not the speed but out come approval or denial)?
Your input will greatly help me in deciding about premium processing.
Thanks
2010 Reg Date: Jan 2005
hersheygaile
09-09 11:26 PM
i don't know what to do right now.i stayed over april 2009 which is the end of my i-94 because i have a pending petition of immigrant as a nurse.And my lawyer said i am allowed to stay until october 2009. But now the problem is I was filed as H1b by another employer so is it possible that they will approve me here?My lawyer said that when i received already the notice of receipt i can stay here while waiting for the approval.And when my approval comes with 1-94 on it i don't have to leave the US but when it has been approved without i-94 i will leave the US for consular processing asap and re-enter here as h1 status.HELP i really don't know what to believe anymore!at the moment i am waiting for my notice of receipt in h1b visa.I only have until oct to get a result for the approval!please advice me what is the best I can do!THANKS:)
more...
thomachan72
11-06 05:02 PM
#1 - If a suitable USC, LPR responds your PERM advert then you can not move forward with PERM labor processing. When the job market is good, number of people responding to the advert will low, so it increases the chances for you.
#2 & 3 - You can have N number of employers file the PERM labor for you, it is a future job - you do not have to join them unti the green card is approved.
#4 - As long is your labor is pendingfor more than 365 days, you can extend your H1B by 1 year until it is approved or declined.
#5 - First, only your employer can file a 140 petition on behalf of you. Second, You can not use employer X's labor to file 140 with employer Y. Third, Once your 140 is approved, the PD is yours keep and port as long as it not revoked or withdrawn before you opt for porting.
In your case since H1b ends sept 2011, you have to apply perm atleast by august 2010.
#2 & 3 - You can have N number of employers file the PERM labor for you, it is a future job - you do not have to join them unti the green card is approved.
#4 - As long is your labor is pendingfor more than 365 days, you can extend your H1B by 1 year until it is approved or declined.
#5 - First, only your employer can file a 140 petition on behalf of you. Second, You can not use employer X's labor to file 140 with employer Y. Third, Once your 140 is approved, the PD is yours keep and port as long as it not revoked or withdrawn before you opt for porting.
In your case since H1b ends sept 2011, you have to apply perm atleast by august 2010.
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gcdreamer05
12-02 10:31 AM
Mine is pending in CSC since April 2008. My husband's extension was applied in July, and it came through in September. But mine is delayed like crazy. Processing date last month was June 16 or something. We have filed SR on Oct 28, but there hasnt been any updates until now.
Bottom line, USCIS=random!
Could you please share how you filed SR, my h1 extn is pending for 92 days.
Bottom line, USCIS=random!
Could you please share how you filed SR, my h1 extn is pending for 92 days.
more...
jaytubati
05-11 04:23 PM
ksam75,
Even I got Duplicate I485, I765, I131 receipts. All the receipts has same A#. One set of I765 & I131 approved. For the second set , they send REF about Photos as I have not submitted any supporting documents ( Photos, I94 etc) for second set. I have submitted second set as follow up since I didnt get recepts for the first set within 5 months.
Now I want to withdraw duplicate I485 another set. What happen to your I485 withdraw. Any problems ?
Please advise ...
Thanks.
Jay
Even I got Duplicate I485, I765, I131 receipts. All the receipts has same A#. One set of I765 & I131 approved. For the second set , they send REF about Photos as I have not submitted any supporting documents ( Photos, I94 etc) for second set. I have submitted second set as follow up since I didnt get recepts for the first set within 5 months.
Now I want to withdraw duplicate I485 another set. What happen to your I485 withdraw. Any problems ?
Please advise ...
Thanks.
Jay
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Saarissimo
05-31 12:11 AM
Dear Madame/Sir,
I am a 33% owner of an LLC, and I need to be employed by the company. The company is a viable company, tech start-up, and all three owners need to actually work in the company (to ensure its success). The company is profitable and our yearly revenue is a little short of $1M. However, the reason I have been here in US in the last 6 years is because I have been sponsored (by my previous employer) through an H1B visa. I now wish to transfer my H1B to the LLC I partially own. My questions are:
1. Is it possible
2. If so, what is the mechanism I can be considered as an employee in an LLC structure
Thank you in advance for your attention
I am a 33% owner of an LLC, and I need to be employed by the company. The company is a viable company, tech start-up, and all three owners need to actually work in the company (to ensure its success). The company is profitable and our yearly revenue is a little short of $1M. However, the reason I have been here in US in the last 6 years is because I have been sponsored (by my previous employer) through an H1B visa. I now wish to transfer my H1B to the LLC I partially own. My questions are:
1. Is it possible
2. If so, what is the mechanism I can be considered as an employee in an LLC structure
Thank you in advance for your attention
more...
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anu_t
08-27 02:08 PM
The new job role must have a 50% different job duties and if it does have a requirement of EB2 then it is possible.
With the same job role it is not Possible .
With the same job role it is not Possible .
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mdforgc
04-29 09:18 AM
Thanks for your contributions.
All of IV's funds have been used to pay for lobbying, advertising on rediff(not anymore), organization registration, mailbox, domain name registration mainly.
Travel, food, rental cars, hotels for core groups members is not being charged to immigration voice's account and its coming from out-of-pocket of core group.
Just wanted to clarify.
Thanks.
I just wanted to thank the core group again from the depth of my heart for the selflessness you guys are showing. We all appreciate it, nor only by words, but also by opening our checkbooks. I know that an amonut of 100K is nothing in trying to bring attention to our cause, but you guys have sure come a long way.
All of IV's funds have been used to pay for lobbying, advertising on rediff(not anymore), organization registration, mailbox, domain name registration mainly.
Travel, food, rental cars, hotels for core groups members is not being charged to immigration voice's account and its coming from out-of-pocket of core group.
Just wanted to clarify.
Thanks.
I just wanted to thank the core group again from the depth of my heart for the selflessness you guys are showing. We all appreciate it, nor only by words, but also by opening our checkbooks. I know that an amonut of 100K is nothing in trying to bring attention to our cause, but you guys have sure come a long way.
more...
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eImmigJr
07-26 12:25 AM
Just noticed that my lawyer has attached marriage certificate of my co-worker in the dependendent's petition. I am waiting for the receipt.
What are the impacts of this mistake? To compound the issue, my wife is flying out next week for a month to India.
Gurus any answers on this is deeply appreciated.
What are the impacts of this mistake? To compound the issue, my wife is flying out next week for a month to India.
Gurus any answers on this is deeply appreciated.
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hpandey
04-07 10:39 AM
Just got it. Right now.Thanks guys.
Application Type: I485 , APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS
Current Status: Approval notice sent.
On April 7, 2008, we mailed you a notice that we have approved this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS. Please follow any instructions on the notice. If you move before you receive the notice, call customer service.
If you have questions or concerns about your application or the case status results listed above, or if you have not received a decision from USCIS within the current processing time listed*, please contact USCIS Customer Service at (800) 375-5283.
and enjoy the freedom that you have now :-) Patience always pays !!
Application Type: I485 , APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS
Current Status: Approval notice sent.
On April 7, 2008, we mailed you a notice that we have approved this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS. Please follow any instructions on the notice. If you move before you receive the notice, call customer service.
If you have questions or concerns about your application or the case status results listed above, or if you have not received a decision from USCIS within the current processing time listed*, please contact USCIS Customer Service at (800) 375-5283.
and enjoy the freedom that you have now :-) Patience always pays !!
more...
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GCapplicant
07-12 10:31 AM
Oh Boring ...they dont have anything else to do...Just throwing stones.
What does he mean tighter restriction on legal immigrants...Jealous people Hatred hatred hatred...on us.
He cant be a native either.
What does he mean tighter restriction on legal immigrants...Jealous people Hatred hatred hatred...on us.
He cant be a native either.
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vhd999
02-04 06:27 PM
I guess it does not matter...I have sent USPS envelops.
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GreenCard4US
03-20 04:57 PM
http://www.hindu.com/thehindu/holnus/000200903210312.htm
Saturday, March 21, 2009
Washington (PTI): In a blow to Indian professionals, the U.S. on Friday announced additional measures for hiring of foreign specialists under the H-1B visa work programme making it more difficult for the companies receiving federal aid money to hire overseas workers.
The U.S. Citizenship and Immigration Services (USCIS) announced the measures to enforce the provisions of the new Employ American Workers Act (EAWA) of the American Recovery and Reinvestment Act, which prohibits hiring of H-1B visa holders by American companies who receive the federal aid money. Indian nationals account for bulk of the coveted H-1B visas.
These measures come about ten days before the USCIS starts accepting petitions for new H-1B visas for the fiscal year beginning October 1, 2009.
"Under this legislation any company that has received covered funding and seeks to hire new H-1B workers is considered an 'H-1B dependent employer'.
All H-1B dependent employers must make additional attestations to the U.S. Department of Labour (DOL) when filing the Labour Condition Application (LCA)," the USCIS said.
"USCIS reminds petitioners that a valid LCA must be on file with DOL at the time the H-1B petition is filed with USCIS," it said.
This means that if the petitioner indicates on its petition that it is subject to the EAWA, but the Labour Condition Application does not contain the proper attestations relating to H-1B dependent employers, USCIS will deny the H-1B petition, the statement said.
Besides, the USCIS is revising Form I-129, Petition for Nonimmigrant Worker, to include a question asking whether the petitioner has received covered funding.
USCIS is expected to post this revised form on its web site in time for the next cap subject to H-1B filing period that begins on April l.
While USCIS encourages petitioners, whenever possible, to use the most up-to-date form, USCIS will not require use of the revised form in time for the start of the filing period for fiscal year 2010, it said.
At the same time, USCIS urged H-1B petitioners who have already prepared packages for mailing using the previous Form I-129 (January 2009 version) to complete only the page in the revised version of the Form I-129 (March 2009) which has the new question on EAWA attestation requirements and to file this single page with the prepared package.
USCIS said EAWA applies to any Labour Condition Application (LCA) and/or H-1B petition filed on or after February 17, involving any employment by a new employer, including concurrent employment and regardless of whether the beneficiary is already in H-1B status.
The EAWA also applies to new hires based on a petition approved before February 17, 2009, if the H-1B employee had not actually commenced employment before that date.
However, EAWA does not apply to H-1B petitions seeking to change the status of a beneficiary already working for the employer in another work-authorised category. It also does not apply to H-1B petitions seeking an extension of stay for a current employee with the same employer.
Saturday, March 21, 2009
Washington (PTI): In a blow to Indian professionals, the U.S. on Friday announced additional measures for hiring of foreign specialists under the H-1B visa work programme making it more difficult for the companies receiving federal aid money to hire overseas workers.
The U.S. Citizenship and Immigration Services (USCIS) announced the measures to enforce the provisions of the new Employ American Workers Act (EAWA) of the American Recovery and Reinvestment Act, which prohibits hiring of H-1B visa holders by American companies who receive the federal aid money. Indian nationals account for bulk of the coveted H-1B visas.
These measures come about ten days before the USCIS starts accepting petitions for new H-1B visas for the fiscal year beginning October 1, 2009.
"Under this legislation any company that has received covered funding and seeks to hire new H-1B workers is considered an 'H-1B dependent employer'.
All H-1B dependent employers must make additional attestations to the U.S. Department of Labour (DOL) when filing the Labour Condition Application (LCA)," the USCIS said.
"USCIS reminds petitioners that a valid LCA must be on file with DOL at the time the H-1B petition is filed with USCIS," it said.
This means that if the petitioner indicates on its petition that it is subject to the EAWA, but the Labour Condition Application does not contain the proper attestations relating to H-1B dependent employers, USCIS will deny the H-1B petition, the statement said.
Besides, the USCIS is revising Form I-129, Petition for Nonimmigrant Worker, to include a question asking whether the petitioner has received covered funding.
USCIS is expected to post this revised form on its web site in time for the next cap subject to H-1B filing period that begins on April l.
While USCIS encourages petitioners, whenever possible, to use the most up-to-date form, USCIS will not require use of the revised form in time for the start of the filing period for fiscal year 2010, it said.
At the same time, USCIS urged H-1B petitioners who have already prepared packages for mailing using the previous Form I-129 (January 2009 version) to complete only the page in the revised version of the Form I-129 (March 2009) which has the new question on EAWA attestation requirements and to file this single page with the prepared package.
USCIS said EAWA applies to any Labour Condition Application (LCA) and/or H-1B petition filed on or after February 17, involving any employment by a new employer, including concurrent employment and regardless of whether the beneficiary is already in H-1B status.
The EAWA also applies to new hires based on a petition approved before February 17, 2009, if the H-1B employee had not actually commenced employment before that date.
However, EAWA does not apply to H-1B petitions seeking to change the status of a beneficiary already working for the employer in another work-authorised category. It also does not apply to H-1B petitions seeking an extension of stay for a current employee with the same employer.
nozerd
12-17 09:18 PM
Yup, same here. 7 yrs 5 months and waiting.
Even friends have stopped asking me when I will get my GC. I think they may have asked so many times they got tired.
Funny to see ppl now a days getting labor in 3 months for what took me 4 plus yrs.
Hav been current since Oct 1st this yr and still nothing. It used to hurt but now am numb to the pain. Just hope the same job I have been in since 9 yrs still keeps me until some positive outcome comes (if it ever does).
Even friends have stopped asking me when I will get my GC. I think they may have asked so many times they got tired.
Funny to see ppl now a days getting labor in 3 months for what took me 4 plus yrs.
Hav been current since Oct 1st this yr and still nothing. It used to hurt but now am numb to the pain. Just hope the same job I have been in since 9 yrs still keeps me until some positive outcome comes (if it ever does).
boreal
09-07 10:14 AM
Dont Advertise on the board and we are not doing call center jobs here to learn american accent.
...Yeah and dont be embarassed to be who you are...Talk normally, dont put on an accent just because you want to feel 'Americanized'...There are lotsa other good things about being an American, than just putting on an accent..
...Yeah and dont be embarassed to be who you are...Talk normally, dont put on an accent just because you want to feel 'Americanized'...There are lotsa other good things about being an American, than just putting on an accent..
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