desi485
11-18 06:53 PM
Amazing progress NSC from July 04 - > July 05 :D
They can't beat TSC. For last six months, TSC has progressed, moved backwards and what not, ultimately still stuck at last week of June 2007.:confused:
Also, I am wondering. CIS mentioned 15 months estimated time period to process 485 filed during VB gate. (this was in one of the recent visa bulletin) Isn't that 15 months long over by November-2008????? My 485 has not even an LUD since filed in July 2007, I am sure many others are in same boat.
They can't beat TSC. For last six months, TSC has progressed, moved backwards and what not, ultimately still stuck at last week of June 2007.:confused:
Also, I am wondering. CIS mentioned 15 months estimated time period to process 485 filed during VB gate. (this was in one of the recent visa bulletin) Isn't that 15 months long over by November-2008????? My 485 has not even an LUD since filed in July 2007, I am sure many others are in same boat.
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waitnwatch
07-16 02:38 PM
Wondering whether you would take a decision just based on what we amateurs have to say. At least ask this question on the "free question to attorney thread" if you are looking for an answer you can trust.
Ultimately I guess "same and similar" is a totally gray area. I donot know whether there are some guidelines for the adjudicators but that phrase can be as broadly or narrowly interpreted as the IO wants it to be.
I am currently working as a Programmer Analyst on EB3 and Using my EAD through 485.
I plan to convert to a new postition that of Senior Applications Developer where the job duties will be atleast 50% different from my existing position
But here is the problem If i am using my EAd obtained from Eb3 program Analyst position then can I work on another position which is 50% different from my existing position as per AC21 rules
Ultimately I guess "same and similar" is a totally gray area. I donot know whether there are some guidelines for the adjudicators but that phrase can be as broadly or narrowly interpreted as the IO wants it to be.
I am currently working as a Programmer Analyst on EB3 and Using my EAD through 485.
I plan to convert to a new postition that of Senior Applications Developer where the job duties will be atleast 50% different from my existing position
But here is the problem If i am using my EAd obtained from Eb3 program Analyst position then can I work on another position which is 50% different from my existing position as per AC21 rules
indio0617
01-05 10:19 PM
For any new comprehensive immigration reform, we must push for the Ability to be able to file for EAD after labor rather than having to wait for I-140 approval.
Do anybody know if any of the proposed bills have this provision? We must get together to push for this in the final bill as this doesn't harm anybody.
Thanks,
WaldenPond
I do not think any of the proposed bills push for I-485 filing after the Labor Cert itself. This has not been proposed because I-140 approval is not an issue right now. It is being approved as fast as one month these days. But I see no harm in asking for it. Let us reach for the moon and see what we get :)
Do anybody know if any of the proposed bills have this provision? We must get together to push for this in the final bill as this doesn't harm anybody.
Thanks,
WaldenPond
I do not think any of the proposed bills push for I-485 filing after the Labor Cert itself. This has not been proposed because I-140 approval is not an issue right now. It is being approved as fast as one month these days. But I see no harm in asking for it. Let us reach for the moon and see what we get :)
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seltzer
02-12 03:42 PM
Yes, that is not only possible, but safer than using EAD. If your I-485 is denied for whatever reason, you still have H1-B with which to keep working. Once you use EAD, you lose H1-B status, and if I-485 is denied, you are out of status and must leave the country immediately.
more...
istrategist
03-25 10:13 AM
Thanks h1bworker! I had a call with their immigration lawyers
AC21 not an option since job descriptions are not similar - that in addition to the fact that EB2 app is for a different job.
The lawyer did bring up the fact that I will be taking a risk if I quit my current job and my GC gets approved or if I get an RFE before they can complete the interfiling. USCIS may push dates ahead in the last quarter (July VB) and my 10 year wait will be jeopardized.
My safest bet is to try to see if the employer will agree to start filing now and I join them when it 485 app is attached to new EB2...
Don't know if there are any other options - may post this as a separate question.
However, does filing AC21 (same or similar) cause a conflict with EB2 filing in this case? : Interesting question - here is my take - if you switch job you'll have to invoke AC21 portability to keep existing application alive. You may choose not to inform USCIS about the change in employment - another grey area.
Should they file and get I-140 approved and then only I should join them? : This may not be a viable option since filing for Labor takes 2 - 3 months (might be a lot quicker in your case as they are already doing the recruiting). Labor approval can take anywhere from 2 weeks to 1+ years and then I-140 prep and filing even in premium processing may take at least a month. Your new employer may not be willing to wait that long.
AC21 not an option since job descriptions are not similar - that in addition to the fact that EB2 app is for a different job.
The lawyer did bring up the fact that I will be taking a risk if I quit my current job and my GC gets approved or if I get an RFE before they can complete the interfiling. USCIS may push dates ahead in the last quarter (July VB) and my 10 year wait will be jeopardized.
My safest bet is to try to see if the employer will agree to start filing now and I join them when it 485 app is attached to new EB2...
Don't know if there are any other options - may post this as a separate question.
However, does filing AC21 (same or similar) cause a conflict with EB2 filing in this case? : Interesting question - here is my take - if you switch job you'll have to invoke AC21 portability to keep existing application alive. You may choose not to inform USCIS about the change in employment - another grey area.
Should they file and get I-140 approved and then only I should join them? : This may not be a viable option since filing for Labor takes 2 - 3 months (might be a lot quicker in your case as they are already doing the recruiting). Labor approval can take anywhere from 2 weeks to 1+ years and then I-140 prep and filing even in premium processing may take at least a month. Your new employer may not be willing to wait that long.
new_horizon
03-12 05:12 PM
Does this mean I can port the PD even if I moving from a technical position to a managerial position in a different company. of course I know one has to file a new perm and I140 with the new company.
refiling perm and 140 may be to help you promote from eb3 to eb2 category and still let you keep the old PD.
Also, refiling could be required if your job categories are changing. from technical to managerial or so.
refiling perm and 140 may be to help you promote from eb3 to eb2 category and still let you keep the old PD.
Also, refiling could be required if your job categories are changing. from technical to managerial or so.
more...
krishnam70
05-01 04:48 PM
Received the RFE today. It was asking for my birth certificate copy & translation. My lawyer says this is very common. For me this is stupid, they already got my birth certificate copy and the translation.
Just make sure you covered all the bases and reply to them. It might not hurt to include another copy of your birth certificate and translation just for the heck of it along with your explanation who knows may be the earlier one got misplaced or messed up
- cheers
kris
Just make sure you covered all the bases and reply to them. It might not hurt to include another copy of your birth certificate and translation just for the heck of it along with your explanation who knows may be the earlier one got misplaced or messed up
- cheers
kris
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EndlessWait
06-29 10:24 AM
I am putting an extra freshly painted mailbox with a big bold name in red color and a message-- 'Put my greencard here' for the postman. :)
Lets see how many years it will take for him to finally grant me my wish.
what are the permissible choice of colors? pls i need help...
Lets see how many years it will take for him to finally grant me my wish.
what are the permissible choice of colors? pls i need help...
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quizzer
01-09 12:27 PM
not to trivialize the issue at discussion.......... I am sure this is important to you.
However, what does this have anything to do with Non Immigrant visas?
reason is i want expert opinion from members of this esteem forum (most of them belong to IT industry and some of them would have similar experience like me)
Also i didnt know which forum to raise this question and i thought this particular forum was more related than GC forums.
However, what does this have anything to do with Non Immigrant visas?
reason is i want expert opinion from members of this esteem forum (most of them belong to IT industry and some of them would have similar experience like me)
Also i didnt know which forum to raise this question and i thought this particular forum was more related than GC forums.
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santa123
06-21 01:04 PM
Thanks for your response
As per my employer adv :
Required degree : Masters degree in Engineering or related field (no experience)
The education evaluation was done from ITES inc., I have got this for applying H1B in Apr 2005, which includes my prior experience. We have used the same education evaluation for I-140 in Aug'07. Since the experience was combined in my education evaluation, CIS is now asking for a new evaluation based solely on education.
If you cld submit an eval just for education, you shld be ok
As per my employer adv :
Required degree : Masters degree in Engineering or related field (no experience)
The education evaluation was done from ITES inc., I have got this for applying H1B in Apr 2005, which includes my prior experience. We have used the same education evaluation for I-140 in Aug'07. Since the experience was combined in my education evaluation, CIS is now asking for a new evaluation based solely on education.
If you cld submit an eval just for education, you shld be ok
more...
pbojja
01-08 10:41 AM
Hi, this is my situation:
- I have L2 Visa, because my husband has L1B Visa. This year, the visa expires and we have 3 new options: extension for L1 and L2 Visa, H1 and H4Visa or Green Card.
- In the other hand, I have my own business. I have and EAD (work permit) and SSN.
Questions:
1. Which of the 3 options do you recommend us to get? Why?
2. I understand that under H4, I am not able to get a work permit. Do I need a work permit to continue doing business by myself? Or it is required even to run my business?
Thanks
Jime
I understand this is your first post but..This question looks more demanding than a request for suggestion ...
- I have L2 Visa, because my husband has L1B Visa. This year, the visa expires and we have 3 new options: extension for L1 and L2 Visa, H1 and H4Visa or Green Card.
- In the other hand, I have my own business. I have and EAD (work permit) and SSN.
Questions:
1. Which of the 3 options do you recommend us to get? Why?
2. I understand that under H4, I am not able to get a work permit. Do I need a work permit to continue doing business by myself? Or it is required even to run my business?
Thanks
Jime
I understand this is your first post but..This question looks more demanding than a request for suggestion ...
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LookingForGC
12-09 02:51 AM
Friend of mine was started working in a diff job in few weeks. But his employer agreed and he didnt had any issue from his employer.
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detroit2009
07-11 03:48 PM
THANK YOU VERY VERY MUCH FOR PRECISE REPLY BUEHLER but am I not within my legal right to work for any hospital branch because they are all with one name.
My final question would be YES I was told that I will have a new ID and new payroll number and a separate paycheck but what can be done to rectify this situation. Like do they have to amend the H1B petition(mine is a non-cap hospital--- a charity hospital).
My H1B stipulates that I am a full-timer with 40 hrs per week but starting from next week it is going to be 32 sometimes and 40 hrs some weeks as we are not seeing many patients into our hospital due to the economy,jobs etc.
What is the solution. Do I have to move to a different job or can there be a solution to work for the same company (in different branches)
My final question would be YES I was told that I will have a new ID and new payroll number and a separate paycheck but what can be done to rectify this situation. Like do they have to amend the H1B petition(mine is a non-cap hospital--- a charity hospital).
My H1B stipulates that I am a full-timer with 40 hrs per week but starting from next week it is going to be 32 sometimes and 40 hrs some weeks as we are not seeing many patients into our hospital due to the economy,jobs etc.
What is the solution. Do I have to move to a different job or can there be a solution to work for the same company (in different branches)
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vvpandya
11-05 05:20 PM
Any one with july 3rd recvd date at NEBRASKA recvd AP?
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chintu25
07-30 12:39 PM
Did you have your A# with your I-140 approval??
My guessing is that your I-485 has been entered into the system and based on your A#, you may see the LUDs for other approved/pending receipt numbers also.
Yes I did have an A# on my I140 . But niether have I recd the reciept notice nor has the check hit the bank yet
So
what to make of it ?
My guessing is that your I-485 has been entered into the system and based on your A#, you may see the LUDs for other approved/pending receipt numbers also.
Yes I did have an A# on my I140 . But niether have I recd the reciept notice nor has the check hit the bank yet
So
what to make of it ?
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subba
02-27 06:57 AM
Just an update from my front, for the info of anyone else in a similar boat.
Consulate issued me a stamp to 4/30/2010.
I re-entered US. The officer at the Canadian airport issued me an I94 for 3 years from arrival date (instead of all the way to 4/30/2010). I am sure I will travel some other time in the next couple of years and I expect I will get an I94 all the way to 4/30/2010 when I enter back.
Here is my situation:
Currently on 7th year H1 extension which expires 4/30/2007 (7th year extension not stamped in passport).
Have another 3 year extension approval ie., 5/1/2007-4/30/2010.
Will be travelling to canada on Feb 22nd for visa stamping.
Few qns:
1) Will the consulate issue me a visa all they way to 4/30/2010?
If yes, will they issue two stamps in the passport one to 4/30/2007 and one to 4/30/2010, or just one stamp?
2) If they issue one all the way to 4/30/2010, I am assuming I can re-enter the country straightaway ie., the visa does not have an effective "begin" date of 5/1/2007.
Anyone have any experience with a similar situation?
Your help will be appreciated.
Consulate issued me a stamp to 4/30/2010.
I re-entered US. The officer at the Canadian airport issued me an I94 for 3 years from arrival date (instead of all the way to 4/30/2010). I am sure I will travel some other time in the next couple of years and I expect I will get an I94 all the way to 4/30/2010 when I enter back.
Here is my situation:
Currently on 7th year H1 extension which expires 4/30/2007 (7th year extension not stamped in passport).
Have another 3 year extension approval ie., 5/1/2007-4/30/2010.
Will be travelling to canada on Feb 22nd for visa stamping.
Few qns:
1) Will the consulate issue me a visa all they way to 4/30/2010?
If yes, will they issue two stamps in the passport one to 4/30/2007 and one to 4/30/2010, or just one stamp?
2) If they issue one all the way to 4/30/2010, I am assuming I can re-enter the country straightaway ie., the visa does not have an effective "begin" date of 5/1/2007.
Anyone have any experience with a similar situation?
Your help will be appreciated.
more...
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eastwest
04-16 04:08 PM
You dont have to answer that question. They have all your records, just provide your A# and they will find out.
I chose to answer the questions with * only which are required fields.
Thanks
I chose to answer the questions with * only which are required fields.
Thanks
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@ndy
05-10 10:43 AM
A lot of lawyers do not charge money for every question you ask if you are their client. You can easily email them and ask questions or post on their intranet. It is part of their service that helps them get more business.
If your employer is their client, then of course the lawyer may not respond to you. Why should he?
My PD is August 2009 , and i seem to loose patience.....I can imagine how those people who have been in this queue from 4-5 years must be feeling........Lets hope for the best :)
If your employer is their client, then of course the lawyer may not respond to you. Why should he?
My PD is August 2009 , and i seem to loose patience.....I can imagine how those people who have been in this queue from 4-5 years must be feeling........Lets hope for the best :)
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OLDMONK
06-16 08:19 PM
I am in similar situation in regards to my wifes H1B and EAD situation. Following is my understanding but could be wrong. there are gurus in this forum who have been digging rules for years and would certainly point out any indiscrepancies in my reply. Make sure you keep reading the thread for a couple of days.
I am currently living in the US on H4. I will be getting my H1 approval in a couple of weeks.
>>>WAS your COS (Change of status) applied while filing for H1B ?
What will be my status untill Oct 1st from the day my H1 is approved?
>>>You will be on H4.
Do they send a change of status to me as soon as I get my H1 approval? Or do I need to apply for change of status to H1 after I get approval?
>>>If you asked for COS it should come with H1B approval. Which would mean you are automatically on H1B status on October 1st. (if you dont start the JOB or you are not on payroll you are accumulating Out of status time.) The indicator for COS approved I THINK is you will get your I94 (printed on H1B document only, towards the end) with a date valid for 3 years in future starting October 1st. If new I94 is missing that would mean either COS was not applied or COS was denied (usually happens if you were out of status for some time).
>>>If COS was not applied/denied you need to stamp that H1B in home country or Canada or Mexico. Stamping can be before October 1st. You cannot start working until you have an H1B stamp. make sure you have a valid visa to come back to USA if H1B stamping is denied at canada or mexico assuming you are not canadian or mexican, else you would need to fly back to home country to get a stamp, directly from Canada or Mexico.
What will happen if I APPLY for my EAD (from my husband,being on H4) before my H1 is approved?
>>>With the flood of filings, It cannot be predicted if EAD can come before H1B. But if it comes, you can start working sooner.
What will happen to my H1 APPROVAL before Oct 1st, if my EAD gets approved on Sept 1st?
>>>It would be valid, I think those 2 can co exist. You will have a choice of working on H1 or EAD. Once you start working on EAD, H1 Status is no longer valid (my understanding could be wrong)
What will happen if I get my I20 before I apply for EAD or before my H1 is approved?
>>>No idea.
I am currently living in the US on H4. I will be getting my H1 approval in a couple of weeks.
>>>WAS your COS (Change of status) applied while filing for H1B ?
What will be my status untill Oct 1st from the day my H1 is approved?
>>>You will be on H4.
Do they send a change of status to me as soon as I get my H1 approval? Or do I need to apply for change of status to H1 after I get approval?
>>>If you asked for COS it should come with H1B approval. Which would mean you are automatically on H1B status on October 1st. (if you dont start the JOB or you are not on payroll you are accumulating Out of status time.) The indicator for COS approved I THINK is you will get your I94 (printed on H1B document only, towards the end) with a date valid for 3 years in future starting October 1st. If new I94 is missing that would mean either COS was not applied or COS was denied (usually happens if you were out of status for some time).
>>>If COS was not applied/denied you need to stamp that H1B in home country or Canada or Mexico. Stamping can be before October 1st. You cannot start working until you have an H1B stamp. make sure you have a valid visa to come back to USA if H1B stamping is denied at canada or mexico assuming you are not canadian or mexican, else you would need to fly back to home country to get a stamp, directly from Canada or Mexico.
What will happen if I APPLY for my EAD (from my husband,being on H4) before my H1 is approved?
>>>With the flood of filings, It cannot be predicted if EAD can come before H1B. But if it comes, you can start working sooner.
What will happen to my H1 APPROVAL before Oct 1st, if my EAD gets approved on Sept 1st?
>>>It would be valid, I think those 2 can co exist. You will have a choice of working on H1 or EAD. Once you start working on EAD, H1 Status is no longer valid (my understanding could be wrong)
What will happen if I get my I20 before I apply for EAD or before my H1 is approved?
>>>No idea.
tdasara
04-16 02:16 PM
Is there a 120 day advance filing period to file for AP?
H1Girl
04-09 12:59 AM
Could anyone help please? Mysituation is not unique or complicated..Working on EAD while waiting for GC is most common scenario...
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