sunil0617
06-17 05:26 PM
Hi,
I'm holding Bachelor's Degree from India and have 9 years of full time experience (6 years with previous employers + 3 years with current employer). Last year my employer initiated a process to file PERM. My employer had given all the specific details to our attorney firm to file my case in EB2. But our attorney screwed up everything and filed my case in EB3. My EB3 labor is approved (Section H, PERM job for Bachelors + 2 years of experience). I'm planning to file I140 with this EB3 PERM to facilitate my H1B extensions,etc.
Right now, my employer says that he can initiate another PERM with EB2 and later when we file I140 for the EB2 labor, we can make use of EB3's PD after its I140 approval. I understand that it has to be a different position for EB2. If we follow this case, at what stage I need to use my EB3's PD to port. I mean, do I need to have my EB3 I140 approved before filing EB2 PERM or have only when filing EB2 I140.
My another question is, how risky is this? I mean having applied for EB3 and EB2 from the same employer. What kinda repercussions we're heading into? What are the possiblities of getting audited for EB2 PERM ( I didn't get any audit for my EB3 PERM).
Do you think it's better to transfer visa to someone else after my EB3 I140's approval and start a fresh EB2 PERM from that employer?
I had gone thro a case study given in this forum but it's only after applying AOS(485). Mine is still at I140 stage.
Any input is welcome.
Thanks,
Sunil
I'm holding Bachelor's Degree from India and have 9 years of full time experience (6 years with previous employers + 3 years with current employer). Last year my employer initiated a process to file PERM. My employer had given all the specific details to our attorney firm to file my case in EB2. But our attorney screwed up everything and filed my case in EB3. My EB3 labor is approved (Section H, PERM job for Bachelors + 2 years of experience). I'm planning to file I140 with this EB3 PERM to facilitate my H1B extensions,etc.
Right now, my employer says that he can initiate another PERM with EB2 and later when we file I140 for the EB2 labor, we can make use of EB3's PD after its I140 approval. I understand that it has to be a different position for EB2. If we follow this case, at what stage I need to use my EB3's PD to port. I mean, do I need to have my EB3 I140 approved before filing EB2 PERM or have only when filing EB2 I140.
My another question is, how risky is this? I mean having applied for EB3 and EB2 from the same employer. What kinda repercussions we're heading into? What are the possiblities of getting audited for EB2 PERM ( I didn't get any audit for my EB3 PERM).
Do you think it's better to transfer visa to someone else after my EB3 I140's approval and start a fresh EB2 PERM from that employer?
I had gone thro a case study given in this forum but it's only after applying AOS(485). Mine is still at I140 stage.
Any input is welcome.
Thanks,
Sunil
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blacktongue
01-20 02:56 PM
How many Information Technology people?
How many from China?
How many from China?
snathan
07-10 12:46 PM
I think, you can still work on H1 even though your current extension is pending
Do you understand the question first...
Do you understand the question first...
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mnq1979
08-13 03:08 PM
Guys!!!!
Pls. for heaven sake relax...wats wrong with u all.....from past 1 week i m reading this kinds of thread that WE DIDNT GET OUR RECEIPTS....why are u indulging ur selves in supersticious thoughts....jst relax, wait and see....i myself have filled my I-485 in July....and have spoken to my lawyer abt
refilling to which he said NO right away and tell u wat HE WAS FIRM with it....he said to be little patient.....dont jst think NEGATIVE.....THINK POSITIVE
also....my msg to every one is JUST RELAX....and PRAY....:)
Pls. for heaven sake relax...wats wrong with u all.....from past 1 week i m reading this kinds of thread that WE DIDNT GET OUR RECEIPTS....why are u indulging ur selves in supersticious thoughts....jst relax, wait and see....i myself have filled my I-485 in July....and have spoken to my lawyer abt
refilling to which he said NO right away and tell u wat HE WAS FIRM with it....he said to be little patient.....dont jst think NEGATIVE.....THINK POSITIVE
also....my msg to every one is JUST RELAX....and PRAY....:)
more...
bskrishna
08-10 11:02 PM
PD may 23 06
wizkid732
08-26 07:50 AM
Hi Thanks for the reply,
I applied for on a labor substitution in mid 2005 which was denied as the same labor was applied to other cases (thanks to the employer). That was fraud and no fault of ours. Many of the folks int he same boat then have obtained their GC.
I think I am the "Chosen One" for investigation :-)
Did you ever had problem in getting VISA or your case was sent for further review because of security reasons? I just want to understand if there were any abnormalities in your any visa approval(s).
All the best. Hope you become green and recyclable (job wise) soon :)
I applied for on a labor substitution in mid 2005 which was denied as the same labor was applied to other cases (thanks to the employer). That was fraud and no fault of ours. Many of the folks int he same boat then have obtained their GC.
I think I am the "Chosen One" for investigation :-)
Did you ever had problem in getting VISA or your case was sent for further review because of security reasons? I just want to understand if there were any abnormalities in your any visa approval(s).
All the best. Hope you become green and recyclable (job wise) soon :)
more...
go_guy123
05-18 06:25 PM
Bender's Immigration Bulletin (http://bibdaily.com/)
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harsh
01-05 02:14 PM
To add to what logiclife said, even if you were to apply for a change of status, make sure your friend has been in the US for more than 60 days. If you apply for a change of status to H1B within 60 days of coming here, then it will deemed by USCIS that your intention to travel to US was to find a job and that you committed a fraud when you applied for a B2 which is a tourist visa. So if you apply within 60 days then USCIS will surely reject the application. It is true for almost all visas if you happen to apply for a change of status within 60 days of arriving in US.
more...
Saralayar
08-07 10:42 AM
Relax guys...sorry ..
do you need to use these kind of words for posting a thread which I did by mistake?
Check the threads in the forum and then create a new thread if necessary.
do you need to use these kind of words for posting a thread which I did by mistake?
Check the threads in the forum and then create a new thread if necessary.
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GreenLantern
04-13 05:55 PM
I forgot to mention that I am also proficient in Photoshop 7.
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number30
10-26 12:14 PM
Hi,
I am currently working on EAD and my Priority date is May 2007. I was wondering if I get a job in a US company which allows me to stay in india and work for them on regular employment under inter office transfer, Can i still work on EAD and be aligible for my GC?
Will there be any limit on how long can I work from out side of US, if I can?
is there any other legal formality i should fulfill in order to work for US company from out side of US and continue with my GC Process?
Any help is appriciated,
Thanks,
Mickey
Where will they pay your Salary? If they are paying you in India You do not need EAD Usually if you are working out side US you do not need any kind of authorization from US. You need to get the authoization from country where you will be working.
Your GC process can continue here. For Re-entry purpose keep your AP current or H1 status current with the employer. So that you can back once your green card is approved.
I am currently working on EAD and my Priority date is May 2007. I was wondering if I get a job in a US company which allows me to stay in india and work for them on regular employment under inter office transfer, Can i still work on EAD and be aligible for my GC?
Will there be any limit on how long can I work from out side of US, if I can?
is there any other legal formality i should fulfill in order to work for US company from out side of US and continue with my GC Process?
Any help is appriciated,
Thanks,
Mickey
Where will they pay your Salary? If they are paying you in India You do not need EAD Usually if you are working out side US you do not need any kind of authorization from US. You need to get the authoization from country where you will be working.
Your GC process can continue here. For Re-entry purpose keep your AP current or H1 status current with the employer. So that you can back once your green card is approved.
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gcformeornot
09-25 03:41 PM
Hello,
I had taken advantage of concurrent filing. I have I-140 approved and I-485 pending for more than 180 days. I already have my EAD.
Rumours are that my company is in the process of layoffs. Can anyone enlighten me on my options?
1. Can the employer revoke my I-140? YES
2. If so, will I loose my PD and have to restart my GC process? Once 140 approved you would not loose PD. Also since its more than 180 days, you are protected under AC21 provisions.
3. Do I have to invoke AC21 immediately? IMHO YES
4. What options do I have to keep my current file alive?
5. Any situation I need to be aware at this point?You should look for new job asap. Also get a EVL from new employer. USCIS is known to act on 140 revokation
Appreciate your response!..
I had taken advantage of concurrent filing. I have I-140 approved and I-485 pending for more than 180 days. I already have my EAD.
Rumours are that my company is in the process of layoffs. Can anyone enlighten me on my options?
1. Can the employer revoke my I-140? YES
2. If so, will I loose my PD and have to restart my GC process? Once 140 approved you would not loose PD. Also since its more than 180 days, you are protected under AC21 provisions.
3. Do I have to invoke AC21 immediately? IMHO YES
4. What options do I have to keep my current file alive?
5. Any situation I need to be aware at this point?You should look for new job asap. Also get a EVL from new employer. USCIS is known to act on 140 revokation
Appreciate your response!..
more...
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Mount Soche
11-27 09:19 AM
hi, i sent you a private message..
good luck
Hello,
My I485 was filed at TX center. However it was transferred to VSC for data entry and they generated the receipt number.
Receipt date = 03-Aug-2007
Notice Date = 12-Oct-2007
On 20-Oct, VSC then transferred the case back to TSC and generated a transfer notice with date of 20-Oct-2007
For the AC21/180 day I always thought that the counting would start in my case from 03-Aug. However my company lawyer says that it will start from 20-Oct and I am at a complete loss on this..
Is it really true.
This is really urgent since I stand to lose out big time on an excellent job offer.
What are my options here - Is there any documentation that I can show to him that I am correct (If I am).
Thanks.
good luck
Hello,
My I485 was filed at TX center. However it was transferred to VSC for data entry and they generated the receipt number.
Receipt date = 03-Aug-2007
Notice Date = 12-Oct-2007
On 20-Oct, VSC then transferred the case back to TSC and generated a transfer notice with date of 20-Oct-2007
For the AC21/180 day I always thought that the counting would start in my case from 03-Aug. However my company lawyer says that it will start from 20-Oct and I am at a complete loss on this..
Is it really true.
This is really urgent since I stand to lose out big time on an excellent job offer.
What are my options here - Is there any documentation that I can show to him that I am correct (If I am).
Thanks.
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jthomas
06-02 10:47 AM
where can i download photoshop from?
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immig4me
04-29 11:09 AM
Have you sent the renewal papers to the right location? If not, after Mar 26th receive date, the applications will be sent back to the applicant - to be sent to the correct lock box.
USCIS - Change of Filing Location for Form I-765, Application for Employment Authorization (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=3ca0808dfb107210VgnVCM100000082ca60aRCR D&vgnextchannel=68439c7755cb9010VgnVCM10000045f3d6a1 RCRD)
USCIS - Change of Filing Location for Form I-765, Application for Employment Authorization (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=3ca0808dfb107210VgnVCM100000082ca60aRCR D&vgnextchannel=68439c7755cb9010VgnVCM10000045f3d6a1 RCRD)
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isedkeem
12-04 03:53 PM
Somebody needs to look at the issue of mismatch between increased H1-Bs and visa numbers for greencards. Otherwise the current green card backlog for some EB countries will only widen leading to untold suffering for people from many countries. Maybe they should have a new visa similar to H1 but which does not allow the holder to apply for a green card. The better solution is of course recapture of visa numbers. Simply increasing the H1-B quota will be quite detrimental.
more...
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GTGC
03-16 10:36 PM
I am sorry to hear that they lost your papers. The same thing happened to me when we were filing our 485 papers in '05. This was just before the EB -2 retrogression....we had to mail in all papers including medicals before sept 30th.
My lawyer sent all the papers but USCIS had a huge volume of applications come in before the pending retrogression and they lost my papers. We had the delivery confirmation, but they wouldnt accept the 485 papers, they only accepted the I-140 papers and I had to wait until the July fiasco to apply for AOS.
I would suggest that you fight and get them to accept the papers, in hindsight I feel I should've fought a little harder and pushed my attornies a little more to get justice. Oh well hindsight is always 20-20!
Goodluck!
My lawyer sent all the papers but USCIS had a huge volume of applications come in before the pending retrogression and they lost my papers. We had the delivery confirmation, but they wouldnt accept the 485 papers, they only accepted the I-140 papers and I had to wait until the July fiasco to apply for AOS.
I would suggest that you fight and get them to accept the papers, in hindsight I feel I should've fought a little harder and pushed my attornies a little more to get justice. Oh well hindsight is always 20-20!
Goodluck!
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for_gc
12-16 11:36 AM
Hi,
Does anyone know where we can get hold of the data for EB green cards dispersed for year 2006 by category ?
Regards.
Does anyone know where we can get hold of the data for EB green cards dispersed for year 2006 by category ?
Regards.
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snathan
02-21 10:37 PM
Thanks a lot for the links snathan. Is it possible to return to India at any stage of GreenCard processing and then come back to India once the EAD is approved.
It depends on your employer. If your employer supports and the job still available for you, yes...you can go to Indian and come back.
It depends on your employer. If your employer supports and the job still available for you, yes...you can go to Indian and come back.
Rockford
08-28 10:06 AM
thanks munnabhai. I have read somewhere that if I/140 is approved and visa is unavailable then H1 can be extended for 3 yrs. Correct me if its not true.
Eligible for 3 years if I140 is approved and you can't file I485 because of retrogression. But you said , you had already filed I485. I doubt you are eligible for 3 year extension.
Eligible for 3 years if I140 is approved and you can't file I485 because of retrogression. But you said , you had already filed I485. I doubt you are eligible for 3 year extension.
hemanth22
07-05 08:40 PM
or if some future entreprener gets so disgusted with this process and leaves the US and starts a world class company in another country la google
That will cause eyes to open of all the anti-immigration lobby and uscis/dos
That will cause eyes to open of all the anti-immigration lobby and uscis/dos
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