same_old_guy
02-23 02:01 PM
Dont worry you will get your RFE soon. I saw pretty much everyone is getting RFE for H1 extension ( beyond 6 yr) these days !
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virginia_desi
05-15 12:15 PM
Thanks for your reply.
My understanding is there can be only one AOS at any time.
- So if the AOS is applied based on the EB3 140, can another AOS be filed based on EB2?
- If a AOS has been applied based on EB3, can it be "upgraded" to EB2 ??
Thanks.
There can only one AOS as the main beneficiary. You can have another AOS where you are a dependent or may be a family based AOS.
Once AOS is filed under EB3, it can't be simply upgraded to EB2.
However, what happens if one gets a RFE on I-140 and there is a pending I-485. Are you allowed to refile using EB3 approved petition if the dates are still current for EB3?
My understanding is there can be only one AOS at any time.
- So if the AOS is applied based on the EB3 140, can another AOS be filed based on EB2?
- If a AOS has been applied based on EB3, can it be "upgraded" to EB2 ??
Thanks.
There can only one AOS as the main beneficiary. You can have another AOS where you are a dependent or may be a family based AOS.
Once AOS is filed under EB3, it can't be simply upgraded to EB2.
However, what happens if one gets a RFE on I-140 and there is a pending I-485. Are you allowed to refile using EB3 approved petition if the dates are still current for EB3?
pcjandyala
07-22 10:14 PM
Shana,
Once you take the infopass appointment, you can go to your local office (indicated on the appointment) and wait in the line/queue and ask your questions them when they call your number.
It's simple process.
Thanks
Once you take the infopass appointment, you can go to your local office (indicated on the appointment) and wait in the line/queue and ask your questions them when they call your number.
It's simple process.
Thanks
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kriskris
04-17 11:14 AM
My wife (going to use AP), My little son (US citizen) & my mother-in-law (Visitor Visa) are coming back to Dallas from India on Monday. My mother-in-law left USA in November 2008 and coming back again now. Would it be safe to send all three of them to the same counter at the POE? or would it be safe to send them to 2 separate counters.
My worry is that if they go together, the officer may think that my mother-in-law is here again for baby sitting or something like that since her leaving USA is less than 6 months. I know that there is no such requirement that a person has to be outside US for a certain period of time before entering again, but I am still wondering would it cause any problems. On the flip side if they go to different counters they may let her in without any issues, since my mother-in-law doesn't know English (I am planning to give a letter for the purpose of her trip), Please suggest?
My worry is that if they go together, the officer may think that my mother-in-law is here again for baby sitting or something like that since her leaving USA is less than 6 months. I know that there is no such requirement that a person has to be outside US for a certain period of time before entering again, but I am still wondering would it cause any problems. On the flip side if they go to different counters they may let her in without any issues, since my mother-in-law doesn't know English (I am planning to give a letter for the purpose of her trip), Please suggest?
more...
ash27
04-02 04:35 PM
Could somebody please advice if contract work on W2 as a primary employment is ok?
samsanju.corp
01-08 02:10 AM
Interview date 9th dec 2009
Submitted all documents 10th dec 2009 as mentioned below:-
1) Petitioner's Federal Income Tax returns
2) Petitioner's state unemployment wage reports for last 4 quarters.
3) Letter from end client in US on letterhead indicating your services are expected.
4) List of petitioner's employees at your job site including names, titles, salaries, and immigration status.
5) Copy of contract between petitioner and contracting company with detailed job itinerary.
Till date I together with my employer have written 6 emails but there is no response.
I personally visited mumbai Consulate information center but they did't ave me any answer.
Can anyone please tell me how long this whole process will take?
Is there any chance that such case goes into endless loop?
My house and all belongings are in U.S. and I am clueless as what to do
Submitted all documents 10th dec 2009 as mentioned below:-
1) Petitioner's Federal Income Tax returns
2) Petitioner's state unemployment wage reports for last 4 quarters.
3) Letter from end client in US on letterhead indicating your services are expected.
4) List of petitioner's employees at your job site including names, titles, salaries, and immigration status.
5) Copy of contract between petitioner and contracting company with detailed job itinerary.
Till date I together with my employer have written 6 emails but there is no response.
I personally visited mumbai Consulate information center but they did't ave me any answer.
Can anyone please tell me how long this whole process will take?
Is there any chance that such case goes into endless loop?
My house and all belongings are in U.S. and I am clueless as what to do
more...
bluez25
10-29 07:00 PM
adds,
I understand your frustation since you might be one in the queue waiting for so long for GC, that dosnt mean that you are brave and other person not able to make a decision is chicken. Please respect each other and thats what we all do...
Please try to answer his questions since he is struggling to take a decision, if not please ignore and move on buddy...
SSH1... I think as other experts say in lot of other threads , there is no absolute law that you need to stay with the employer after getting GC.
You should be fine since everyone in this world can understand that this is a downstream period and lot of layoffs are happening..with that being the situation you should not worry now... stick where u get job and can survive.... Good Luck...
I understand your frustation since you might be one in the queue waiting for so long for GC, that dosnt mean that you are brave and other person not able to make a decision is chicken. Please respect each other and thats what we all do...
Please try to answer his questions since he is struggling to take a decision, if not please ignore and move on buddy...
SSH1... I think as other experts say in lot of other threads , there is no absolute law that you need to stay with the employer after getting GC.
You should be fine since everyone in this world can understand that this is a downstream period and lot of layoffs are happening..with that being the situation you should not worry now... stick where u get job and can survive.... Good Luck...
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veni001
02-03 11:05 AM
That is correct. Mixing and matching with certifications doesn't work. Although I don't know about CPA, if it goes towards professional degree.
That's correct, also if the job requirement is Bachelor + 5 year experience is entirely different from Bachelor or equivalent +5 year experience. Also if you are considering porting with the same employer please read by clicking here (http:///2011/01/eb3-to-eb2-porting-with-same-current.html), this is not to scare you but to shed some light on the process.
Good luck!
;)
That's correct, also if the job requirement is Bachelor + 5 year experience is entirely different from Bachelor or equivalent +5 year experience. Also if you are considering porting with the same employer please read by clicking here (http:///2011/01/eb3-to-eb2-porting-with-same-current.html), this is not to scare you but to shed some light on the process.
Good luck!
;)
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styrum
03-02 08:03 PM
I live in Seattle area now and would like to participate in any joint effort. Please let me know when any such activitity is planned.
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daishwarya
07-23 02:45 PM
@linuxra: I am still waiting for my GC with Aug04 PD on EB2. I didn't get any RFE.
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gcseeker2002
02-20 04:21 PM
gcseeker2002,
Can you please provide the link.
http://www.flcdatacenter.com/CasePerm.aspx
You need to download the MDB files. In the pre-perm era files , the country of the alien was not listed which is new in the perm files.
Can you please provide the link.
http://www.flcdatacenter.com/CasePerm.aspx
You need to download the MDB files. In the pre-perm era files , the country of the alien was not listed which is new in the perm files.
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LostInGCProcess
05-19 02:40 PM
Reading all the posts, it appears there is a systemic problem with the Indian IT firms.
As much as I feel sorry for all the employees who are going thru this issue with those IT firms, I also feel some blame has to go to those employees.
PLEASE USE THE LEGAL SYSTEM TO REDRESS YOUR PROBLEMS. Talk to attorneys, take action, Drag them to the court. At least if 1 in 10 goes this route, they will understand that it would not be in their best interest to harass an employee and they may change the policy and start behaving better with the future employees.
As much as I feel sorry for all the employees who are going thru this issue with those IT firms, I also feel some blame has to go to those employees.
PLEASE USE THE LEGAL SYSTEM TO REDRESS YOUR PROBLEMS. Talk to attorneys, take action, Drag them to the court. At least if 1 in 10 goes this route, they will understand that it would not be in their best interest to harass an employee and they may change the policy and start behaving better with the future employees.
more...
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Sath thesmilingstar
02-24 11:27 AM
My son got his FAFSA approved last year. I am on H1 and he is on H4. Your daughter either way on H4 or EAD qualifies for FAFSA. If you have questions, you can call FAFSA directly and they are very helpful.
Good Luck..
RV
Hi,your post gives me small hope but can you please tell whether i am eligible or not.?
I am on a H-4 visa and my mother is the H-1 holder.we recently applied for i-140 and got the recipt for it.can i apply for FAFSA..?
Good Luck..
RV
Hi,your post gives me small hope but can you please tell whether i am eligible or not.?
I am on a H-4 visa and my mother is the H-1 holder.we recently applied for i-140 and got the recipt for it.can i apply for FAFSA..?
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webm
10-15 12:38 PM
I agree with you!!
GC approval is always unknown even when Priority Date current and they club with diff criterias...:( fully a crazy system..
Just a positive hope and moving further as a daily routine..:)
--------------------
PD EB3-I:Oct,2001
GC approval is always unknown even when Priority Date current and they club with diff criterias...:( fully a crazy system..
Just a positive hope and moving further as a daily routine..:)
--------------------
PD EB3-I:Oct,2001
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santb1975
02-14 08:01 PM
^^
For the same reason, please help yourself to the NORCAL thread;)
For the same reason, please help yourself to the NORCAL thread;)
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cbadari99
05-18 04:59 PM
Wont make a major difference overall except take PhD out of the queue.
Anyway PhDs are very few per year. A lot of PhDs taking
faculty positions get EB1 anyway so this bill would mainly help those PhDs
with EB2
Unfortunately lot of fresh PhDs who apply as EB-1 even after getting a faculty position are usually denied on grounds of lacking enough professional experience. It is not easy to be qualified as a n EB-1 even if you have a PhD. So, most of the PhD's I know are in the EB-2 queue.
Anyway PhDs are very few per year. A lot of PhDs taking
faculty positions get EB1 anyway so this bill would mainly help those PhDs
with EB2
Unfortunately lot of fresh PhDs who apply as EB-1 even after getting a faculty position are usually denied on grounds of lacking enough professional experience. It is not easy to be qualified as a n EB-1 even if you have a PhD. So, most of the PhD's I know are in the EB-2 queue.
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thepaew
09-24 02:45 PM
Hello Seba
If you are from EB3ROW, you may be spared the endless wait that some of us have to endure. You could file for your green card and go to business school in the US after your green card application has been approved.
Another option could be that you can file your labor certification and hold off on filing I-140 until you hear back from B-school about the status of your application. If you are admitted, you can attend. If denied, you can continue the processing of your GC.
I am not an immigration expert - so please seek an attorney's advice.
Wish You the Best
Thanks for the clear answer thepaew. That is what I thought. I currently have the opportunity to start the green card process with my employer under EB3 ROW, but I am also planning to go for an MBA in the US within the next few years. I am just into my 5th year of H1. It seems that I should not start the green card process if I am sure about going for an MBA in the US within the next few years. That would be terrible if you get into a school you like but cannot attend since you cannot switch from H1 to F1.
If you are from EB3ROW, you may be spared the endless wait that some of us have to endure. You could file for your green card and go to business school in the US after your green card application has been approved.
Another option could be that you can file your labor certification and hold off on filing I-140 until you hear back from B-school about the status of your application. If you are admitted, you can attend. If denied, you can continue the processing of your GC.
I am not an immigration expert - so please seek an attorney's advice.
Wish You the Best
Thanks for the clear answer thepaew. That is what I thought. I currently have the opportunity to start the green card process with my employer under EB3 ROW, but I am also planning to go for an MBA in the US within the next few years. I am just into my 5th year of H1. It seems that I should not start the green card process if I am sure about going for an MBA in the US within the next few years. That would be terrible if you get into a school you like but cannot attend since you cannot switch from H1 to F1.
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jackisback
02-14 02:07 PM
I would have loved to attend, but since this a long weekend I am going out on Friday and will not be back until Monday.
Just FYI.. I did send the letters last week.
Thanks,
Abhay
Just FYI.. I did send the letters last week.
Thanks,
Abhay
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pappu
12-01 04:44 PM
Thanks for your input guys. can the job description be changed now for an labor petition that has been filed before? My lawyer made me fill a questionnare and lot of other things about what I do. She picked up main lines from my resume and filled it up on my job description.
I dont think you can change now.
However this is something we all need to watch out when labor is filed/during the GC process. Review all the papers before they are submitted. Sometimes lawyers dont show it but you must try to insist on seeing them especially if you are paying for your GC process.
I dont think you can change now.
However this is something we all need to watch out when labor is filed/during the GC process. Review all the papers before they are submitted. Sometimes lawyers dont show it but you must try to insist on seeing them especially if you are paying for your GC process.
go_guy123
01-20 11:32 AM
(1) Would CHC will vote yes on health care without any coverage for illegal and since CIR may not happen
(2) If CIR fails why would CHC supports us in piecemeal..
to me if no CIR then no piecemeal..
Answer to 2)
CHC only wants amnesty for illegals. They don't care about skilled immigration.
They hold the SKIL etc hostage to CIR. But CIR is impossible.
CHC will never support on piecemeal. But as Democratic party loses power , CHC power also reduces.
Moreover the CIR coalition also weakens with failures.
(2) If CIR fails why would CHC supports us in piecemeal..
to me if no CIR then no piecemeal..
Answer to 2)
CHC only wants amnesty for illegals. They don't care about skilled immigration.
They hold the SKIL etc hostage to CIR. But CIR is impossible.
CHC will never support on piecemeal. But as Democratic party loses power , CHC power also reduces.
Moreover the CIR coalition also weakens with failures.
snathan
08-18 05:10 PM
If your wife's I-94, which she have received at the time of entering to USA on dependent visa was valid till the date of the starting new the job, she should be fine even if she has not started working on H1 after approval. She has maintained the H4 status during that period as per I-94.
My wife here on H4 and she go H1 but she started job after a while as employer delayed. But her status was valid. Even she told the same to the US counselor New Delhi and she got h1 stamping done. Gap of H1 approval effective date and employment was about 2 months.
If you would ask this question to any attorney, you may get same reply. But asking to attorney is advisable.
This is not the case always...Your wife might be lucky or the IO was kind person. Normally if you can not provide the pay stub in H1B you are out of status. Please read the definition of H1B and you will get clear picture about this.
Also if your wife received the I-94 after the H1B approval, she was in status. Because whichever was the latest I-94 - thats the valid one and in effect. So that might be the reason your wife didnt fave any issue.
My wife here on H4 and she go H1 but she started job after a while as employer delayed. But her status was valid. Even she told the same to the US counselor New Delhi and she got h1 stamping done. Gap of H1 approval effective date and employment was about 2 months.
If you would ask this question to any attorney, you may get same reply. But asking to attorney is advisable.
This is not the case always...Your wife might be lucky or the IO was kind person. Normally if you can not provide the pay stub in H1B you are out of status. Please read the definition of H1B and you will get clear picture about this.
Also if your wife received the I-94 after the H1B approval, she was in status. Because whichever was the latest I-94 - thats the valid one and in effect. So that might be the reason your wife didnt fave any issue.
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