a_to_z_gc
10-24 04:10 PM
If the I-140 is approved, you mentioned that the EB category can be changed if the process is initiated from scratch. Does the new application has to be in same area of occupation as the one for which the previous 140 was approved?
Kindly advise...
Thanks!
Once H-1B extension is received, one gets all the luxuries like any other H-1B. You can change jobs any day you want. Having that said, there are few things you have to re-do. Get the H-1B stamped if you change jobs. You have to re-start the GC process from scratch, yet you get to keep the PD and at the same time can switch to any EB catagory.
Before LC PERM process started, people didn't change jobs as LC could take any where from 2 to 4 years and re-starting the GC process was just no brainer. Now, as it takes 45days or less (theoraticaly) people easily change jobs and get H-1 transferred as well as get new GC process started and get LC in 45 days and then I-140 approved (with premium processing) in another 2 weeks.
So you once you change jobs you can get to the same stage where you are in two months if you start GC process right-away.
For tips to the other readers.
Some employers has company policy where they support the H-1 transfer (financially also) and then one has to wait for 1 or 2 years before they initiate GC process. The mostly the excuse is "Budget is fixed for a year".
One can propose a solution to this. Ask them, "What if I pay for the charges incurred for GC process if they agree to initiate right away and when s/he finishes one year of employment, reimburse the charges"
This has worked in many cases as doing such bothe employer and employee gets best of both worlds.
Kindly advise...
Thanks!
Once H-1B extension is received, one gets all the luxuries like any other H-1B. You can change jobs any day you want. Having that said, there are few things you have to re-do. Get the H-1B stamped if you change jobs. You have to re-start the GC process from scratch, yet you get to keep the PD and at the same time can switch to any EB catagory.
Before LC PERM process started, people didn't change jobs as LC could take any where from 2 to 4 years and re-starting the GC process was just no brainer. Now, as it takes 45days or less (theoraticaly) people easily change jobs and get H-1 transferred as well as get new GC process started and get LC in 45 days and then I-140 approved (with premium processing) in another 2 weeks.
So you once you change jobs you can get to the same stage where you are in two months if you start GC process right-away.
For tips to the other readers.
Some employers has company policy where they support the H-1 transfer (financially also) and then one has to wait for 1 or 2 years before they initiate GC process. The mostly the excuse is "Budget is fixed for a year".
One can propose a solution to this. Ask them, "What if I pay for the charges incurred for GC process if they agree to initiate right away and when s/he finishes one year of employment, reimburse the charges"
This has worked in many cases as doing such bothe employer and employee gets best of both worlds.
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MAEB2TR
09-04 10:29 AM
I-485 with EB2 PD Sep 06 send on July 18. Once I receive the RN, I will apply for I-140 with EB2 PD March 2003 and request to transfer my pending I-485 application to the newly filed I-140 petition since my PD is current in September.
hsingh82
04-28 12:09 AM
Is there any minumum periods which i can reenter to us with the same old VISA. Means if i travel back on July/Aug and my VISA expires on Sept. I heard i should have a minimum 3 months validity for the VISA before i am reentering to US. Is that true?
Some people say this is 6 months, I am not sure and I have been asking on various forums but haven't received a concrete answer yet.
Some people say this is 6 months, I am not sure and I have been asking on various forums but haven't received a concrete answer yet.
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rani77
10-09 09:29 AM
situation is quite different from CA. True, for first time driver's license, you have to show legal status proof. But, you are issued license for 4 years, irrespective of when your current status expires.
For DL renewal in CA, it happens by mail. You once again get 4 year license. No status proof required.
There is definitely no concept of different form of DL in CA where an officer will be able to receogize from the DL, whether is PR or not, as has become the law in Texas.
CA is quite cool with respect to DL renewals.
This was in past not now.
For DL renewal in CA, it happens by mail. You once again get 4 year license. No status proof required.
There is definitely no concept of different form of DL in CA where an officer will be able to receogize from the DL, whether is PR or not, as has become the law in Texas.
CA is quite cool with respect to DL renewals.
This was in past not now.
more...
kirupa
01-02 12:56 AM
Oh, I wasn't planning on banning any AS1 projects. I don't really care which version of AS people use. Sen could probably use AS4 if he wanted to!
I was just curious to know if our canadian friend was thinking of using AS1.
:P
I was just curious to know if our canadian friend was thinking of using AS1.
:P
coolmanasip
06-04 11:21 AM
I think the vote is at the end of this week......may be on Thursday or Friday......
Manasi
Manasi
more...
english_august
07-18 12:27 AM
It's a free country and everyone, including Lou Dobbs have a right to voice their opinion - boycotts will not serve any purpose.
If you feel so passionately about it, here's what I suggest. Create a blog/website and every single day after his program, post an article pointing out factual inaccuracies in Lou's reports and views. If you don't want to watch the program, then CNN publishes a transcript a couple of hours later - follow that.
It's hard work but believe me - do it consistently and do it well and you will see that it will work.
Best of luck and post the address of your site/blog here should you decide to do it.
If you feel so passionately about it, here's what I suggest. Create a blog/website and every single day after his program, post an article pointing out factual inaccuracies in Lou's reports and views. If you don't want to watch the program, then CNN publishes a transcript a couple of hours later - follow that.
It's hard work but believe me - do it consistently and do it well and you will see that it will work.
Best of luck and post the address of your site/blog here should you decide to do it.
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Templarian
08-27 11:16 PM
Double posting bump this thing.
I just noticed we don't have a <3 hmm (to keep it traditional or actually a severed heart is the question).
I just noticed we don't have a <3 hmm (to keep it traditional or actually a severed heart is the question).
more...
suman
12-17 01:38 PM
Sorry I was away from my computer for a while.
Thanks for all your help Guys.
We are talking to Lawyer, Murthy law today.
It's an employment based.
This case of I-485 is 2004.
We talked to USCIS and they say to wait for notice and they do not have nay reason to tell over phone as they do not have access to NOTICE.
Hope Lawyer comes out with something.
THank you all
Great help and moral support from all of you at Immigration VOice.
Thanks for all your help Guys.
We are talking to Lawyer, Murthy law today.
It's an employment based.
This case of I-485 is 2004.
We talked to USCIS and they say to wait for notice and they do not have nay reason to tell over phone as they do not have access to NOTICE.
Hope Lawyer comes out with something.
THank you all
Great help and moral support from all of you at Immigration VOice.
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viswanadh73
01-29 01:14 PM
I applied PIO card for my new born daughter in Dec 1st week and i got exactly in 2 weeks. this is from Newyork consulate.
yes Minor children are not eligible for OCI if both parents are having indian passport.they have to wait untill they are 18. it is clearly mentioned in the consulate websites.
yes Minor children are not eligible for OCI if both parents are having indian passport.they have to wait untill they are 18. it is clearly mentioned in the consulate websites.
more...
looivy
11-05 08:42 PM
My lawyer had said that as long as you were married before the primary applicant's I-485 was approved, the spouse can be added even after the approval.
I don't understand about going to home country and coming back? PLease explain.
I don't understand about going to home country and coming back? PLease explain.
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Legal
07-12 02:22 PM
Guys!
Is there someone in NY to call on Mrs. Clinton and apprise her of this mess of USCIS.If not directly may be get in touch with powerful indian community leaders who can talk to her about this matter.At least she can write a letter similar to Lofgren...
Keep up the spirits MAN !!
Helping us is not good election strategy. Bringing amendments in favor of family immigration was good lection strategy. Talking against outsourcing is good election strategy.
Is there someone in NY to call on Mrs. Clinton and apprise her of this mess of USCIS.If not directly may be get in touch with powerful indian community leaders who can talk to her about this matter.At least she can write a letter similar to Lofgren...
Keep up the spirits MAN !!
Helping us is not good election strategy. Bringing amendments in favor of family immigration was good lection strategy. Talking against outsourcing is good election strategy.
more...
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gccube
04-08 12:28 PM
started the papar work with the attorney already.
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saketkapur
07-06 02:50 PM
But I did have a valid H1B stamp in my passport at the time of entry......
You should confirm with your attorney as to if you will be able to maintain H1 status after entering on AP if you do not have a valid stamp...not sure about that......
regards
Saket
You should confirm with your attorney as to if you will be able to maintain H1 status after entering on AP if you do not have a valid stamp...not sure about that......
regards
Saket
more...
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gcformeornot
04-01 06:55 PM
do not post on this forum. I am personally don't like LC subs. Genuine reasons for LS I can understand but this pure abuse of LS.
People pl do not answer.
People pl do not answer.
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immi_enthu
09-28 04:51 PM
Q : Is USCIS prioritizing certain application(s) during the receipting process?
Yes. The Application to Adjust Status (I-485) will have first priority because USCIS needs to ensure that these applications are receipted in a timeframe that would allow processing of an application for an Employment Authorization Document (EAD) within 90 days of filing as mandated by law [8 CFR 247a.13(d)]. Our second priority will be to receipt the Application for Naturalization (N-400) so that we can minimize any delays in obtaining citizenship.
I am sure USCIS will break this law on numerous counts on Oct 1st as all the July 2nd filers will have past 90 days on that day.
Yes. The Application to Adjust Status (I-485) will have first priority because USCIS needs to ensure that these applications are receipted in a timeframe that would allow processing of an application for an Employment Authorization Document (EAD) within 90 days of filing as mandated by law [8 CFR 247a.13(d)]. Our second priority will be to receipt the Application for Naturalization (N-400) so that we can minimize any delays in obtaining citizenship.
I am sure USCIS will break this law on numerous counts on Oct 1st as all the July 2nd filers will have past 90 days on that day.
more...
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seekerofpeace
04-23 03:33 PM
I am in similar situation. While my street address will also stay the same the building is same I am just changing floors...going from a 1 bed to 2 bed which I have to and can't avoid.
I checked with USPS and they told me that they do automatic mail forwarding for 3 months and which could be expanded...I am not going to intimate USCIS till I have to...I mean delay it as long as you receive your mails you won't miss a thing + the attorney also gets the RFE and their address is fixed and you will get that anyway.
The postal people can mess up delivery too and i have had friends who did not receive letters from USCIS due to delivery problems .....anything and everything can happen.
Point is to delay the notification to avoid an RFE....but if everything else is fine and legit I won't mind filling up the address change notification.
SoP
I checked with USPS and they told me that they do automatic mail forwarding for 3 months and which could be expanded...I am not going to intimate USCIS till I have to...I mean delay it as long as you receive your mails you won't miss a thing + the attorney also gets the RFE and their address is fixed and you will get that anyway.
The postal people can mess up delivery too and i have had friends who did not receive letters from USCIS due to delivery problems .....anything and everything can happen.
Point is to delay the notification to avoid an RFE....but if everything else is fine and legit I won't mind filling up the address change notification.
SoP
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cooldude
08-03 10:32 PM
What about I-131. That is 7/1/2007. Its confusing
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gjoe
04-30 09:52 PM
What is the agenda now?
map_boiler
09-25 05:27 PM
I agree that technically he should be able to file based on the visa bulletin. However, note that this time, they kept the "unavailability" information under wraps unlike in July 2007.
he is still eligible to file.
he is still eligible to file.
desi3933
06-10 04:53 PM
Hello Attorney,
.......
.......
What quota do dependents of Employment based AOS(I-485) LEGALLY fall into - is it the EB quota or FB quota?
If incorrectly classified? Is there any legal option this mis-classification be corrected?
Thanks a lot in advance for your time.
It is 30 days since the posting of this question, and not a single reply from any attorney.
Let me repeat my understanding on this question -
----------------------------------------------------------------------
INA 203(d) Treatment of family members
A spouse or child as defined in subparagraph (A), (B), (C), (D), or (E) of section 1101(b)(1) of this title shall, if not otherwise entitled to an immigrant status and the immediate issuance of a visa under subsection (a), (b), or (c) of this section, be entitled to the same status, and the same order of consideration provided in the respective subsection, if accompanying or following to join, the spouse or parent.
This means that if the primary beneficiary is using visa number from EB(2) classification then dependent(s) will also be using the same classification as primary beneficiary (i.e. EB(2) in this example).
--------------------------------------------------------------
Have a good day!
______________________
Not a legal advice
US citizen of Indian origin
.......
.......
What quota do dependents of Employment based AOS(I-485) LEGALLY fall into - is it the EB quota or FB quota?
If incorrectly classified? Is there any legal option this mis-classification be corrected?
Thanks a lot in advance for your time.
It is 30 days since the posting of this question, and not a single reply from any attorney.
Let me repeat my understanding on this question -
----------------------------------------------------------------------
INA 203(d) Treatment of family members
A spouse or child as defined in subparagraph (A), (B), (C), (D), or (E) of section 1101(b)(1) of this title shall, if not otherwise entitled to an immigrant status and the immediate issuance of a visa under subsection (a), (b), or (c) of this section, be entitled to the same status, and the same order of consideration provided in the respective subsection, if accompanying or following to join, the spouse or parent.
This means that if the primary beneficiary is using visa number from EB(2) classification then dependent(s) will also be using the same classification as primary beneficiary (i.e. EB(2) in this example).
--------------------------------------------------------------
Have a good day!
______________________
Not a legal advice
US citizen of Indian origin
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