BumbleBee
08-15 01:41 PM
Yes lonemetro,
You can re-use priority date established on first I-140 for any sub-sequent I-140 filling. As I understand from your post, you have EB3 labor approved and have just filed for I-140 based on it.
Now, parent company wants to transfer you. Generally I would think you should be able to transfer and still have your GC process going if the company indeed is a 'parent company' but seems there is something different here.
As a general rule, as long as your previously approved I-140 remained approved, you can re-use priority date established for that I-140 for any subsequent I-140 petition. The sub-sequent petition can be with any employer, and yes, you would need a new labor to file that new I-140 :)
Try EB1 or EB2 this time :cool:
BumbleBee
You can re-use priority date established on first I-140 for any sub-sequent I-140 filling. As I understand from your post, you have EB3 labor approved and have just filed for I-140 based on it.
Now, parent company wants to transfer you. Generally I would think you should be able to transfer and still have your GC process going if the company indeed is a 'parent company' but seems there is something different here.
As a general rule, as long as your previously approved I-140 remained approved, you can re-use priority date established for that I-140 for any subsequent I-140 petition. The sub-sequent petition can be with any employer, and yes, you would need a new labor to file that new I-140 :)
Try EB1 or EB2 this time :cool:
BumbleBee
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snedle
06-17 07:03 PM
Doc will give you Sealed & stamped envlope with copy for you. You need to take this envlope and give to your attorney, who will file your case along will your other forms
sircaustic
05-13 09:49 PM
If you have a receipt as proof that an extension application was filed on your behalf before expiration of your H1 then you have 240 days starting from the day your visa expires before you should get an extension. You will be out of status if your case is not resolved in the 240 days deadline. I cannot comment on the implications of missing out on a deadline for responding to the RFE.
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snathan
05-15 02:28 PM
Hi ,
I was on F1 visa till oct 2008 and then a consulting firm file for my H1B . It was approved and my status has been changed . I tired a lot but i didn't get any project and i am on bench till oct 2008 and i am still on there H1B. Although in the mean time i was enrolled in school and never quit the school as i am working on my project in school and i always had valid I20 and valid I94 and F1 stamped on my passport till dec 2011. I am still enrolled in school.
Now my emplyer is saying to file COS and go back to F1, but i don't have paystubs and he is not giving me as he said being a bug company we dont do this.
I talked with a attorney he is filing my COS.
1) is there anyone in the same situation evr ?
1) Is there any other way i can follow?
2) what percent are there chances that my COS will get denied or accepted?
3 ) My employer is still marketing my resume?
Any Suggestions welcome!!
THANKS in advance
Its not advisable to go without pay stubs. if you are in H1 and no salary means out of status. With out of status you can not go for COS to F1. The best way is to get the pay slip.
Thanks
I was on F1 visa till oct 2008 and then a consulting firm file for my H1B . It was approved and my status has been changed . I tired a lot but i didn't get any project and i am on bench till oct 2008 and i am still on there H1B. Although in the mean time i was enrolled in school and never quit the school as i am working on my project in school and i always had valid I20 and valid I94 and F1 stamped on my passport till dec 2011. I am still enrolled in school.
Now my emplyer is saying to file COS and go back to F1, but i don't have paystubs and he is not giving me as he said being a bug company we dont do this.
I talked with a attorney he is filing my COS.
1) is there anyone in the same situation evr ?
1) Is there any other way i can follow?
2) what percent are there chances that my COS will get denied or accepted?
3 ) My employer is still marketing my resume?
Any Suggestions welcome!!
THANKS in advance
Its not advisable to go without pay stubs. if you are in H1 and no salary means out of status. With out of status you can not go for COS to F1. The best way is to get the pay slip.
Thanks
more...
wandmaker
08-18 08:58 AM
Hello Gurus,
Pl guide me and let me know my options for the below scenario...
1. Me: Applied under EB2 (India) and have I-140 approved in September 2006.
Status as of now : Applied as dependent (secondary) on my spouse 485 and have EAD and AP since July 2007.
2. My spouse : Primary applicant - EB3 (India), December 2003.
As the dates are NOT moving forward for EB3 (India), I want to port our GC application dates from my spouse priority ( EB3- India - December 2003) to mine (EB2 - India - September 2006)
My question is, Can I change my status from dependent (secondary ) on my spouse 485 to me being primary applicant by invoking my approved I-140 (EB2 - India - September 2006), If YES what would be the process.
Thanks in advance
You cant port because it is different labor of two different people. As far as I know, when the EB2 (India - September 2006), labor date is current, you can file another 485 as primary and your spouse as dependent. Optionally, you can choose to withdraw your previous filings. Hope, this helps. Others can throw some light on this.
Pl guide me and let me know my options for the below scenario...
1. Me: Applied under EB2 (India) and have I-140 approved in September 2006.
Status as of now : Applied as dependent (secondary) on my spouse 485 and have EAD and AP since July 2007.
2. My spouse : Primary applicant - EB3 (India), December 2003.
As the dates are NOT moving forward for EB3 (India), I want to port our GC application dates from my spouse priority ( EB3- India - December 2003) to mine (EB2 - India - September 2006)
My question is, Can I change my status from dependent (secondary ) on my spouse 485 to me being primary applicant by invoking my approved I-140 (EB2 - India - September 2006), If YES what would be the process.
Thanks in advance
You cant port because it is different labor of two different people. As far as I know, when the EB2 (India - September 2006), labor date is current, you can file another 485 as primary and your spouse as dependent. Optionally, you can choose to withdraw your previous filings. Hope, this helps. Others can throw some light on this.
life99f
07-15 11:09 AM
Guys, here is another post about DC rally:
http://immigrationvoice.org/forum/showthread.php?t=6212
http://immigrationvoice.org/forum/showthread.php?t=6212
more...
abhisam
08-18 01:24 PM
there are 2 scenarions in the situation:
1. if the petition was not selected through the lottery system , you lawyer must have got the entire package back alongwith the application fees. He would have recieved this package in May itself.
2. If the petition was selected through the lottery system, you lawyer must have recieved reciept notice stating that USCIS is processing the H1-B petition. If the petition was filed properly then your lawyer will recieve the approval before October (most of my friends have already recieved their H1-B approval notcies)
If the peition was selected..you can ask your lawyer for the reciept notice number and track the progress of the petition on the USCIS website.
Hope this helps.
1. if the petition was not selected through the lottery system , you lawyer must have got the entire package back alongwith the application fees. He would have recieved this package in May itself.
2. If the petition was selected through the lottery system, you lawyer must have recieved reciept notice stating that USCIS is processing the H1-B petition. If the petition was filed properly then your lawyer will recieve the approval before October (most of my friends have already recieved their H1-B approval notcies)
If the peition was selected..you can ask your lawyer for the reciept notice number and track the progress of the petition on the USCIS website.
Hope this helps.
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bugsbunny
04-04 04:14 PM
yeah there is no grace period...and am not sure you can transfer after it has been revoked
However to transfer you need to contact an immigration attorney who will file the new H1B application and pick the correct options...where it asks if its a transfer...once the application is filed you can immediately start working for the new company
However to transfer you need to contact an immigration attorney who will file the new H1B application and pick the correct options...where it asks if its a transfer...once the application is filed you can immediately start working for the new company
more...
eilsoe
05-02 04:49 PM
lmao :lol:
nice one :P
nice one :P
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cooler
06-02 03:36 PM
Hello all,
I am an Indian national currently in the AOS-pending state. My wife & I are looking to adopt a child either from India/US or a different country. From what I have found out, this seems to be a herculean task. Is this even possible? Has anyone successfully completed this process, or know of the details/steps involved. Any information is appreciated.
Thanks
Cooler
I am an Indian national currently in the AOS-pending state. My wife & I are looking to adopt a child either from India/US or a different country. From what I have found out, this seems to be a herculean task. Is this even possible? Has anyone successfully completed this process, or know of the details/steps involved. Any information is appreciated.
Thanks
Cooler
more...
nhfirefighter13
February 1st, 2006, 02:39 PM
Very shallow DOF is a factor of Macro photography. Use the smallest f-stop you can and focus on the nearest plane. Experimentation is pretty much a necessity with Macro work.
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h1bdude1
04-09 04:11 PM
Hello guys,
Need little advice from you guys.
My wife is having her citizenship interview and oath ceremony on April 30th.
My AOS Documents are almost ready and i am just waiting for her to become US Citizen. I just need her Naturalization certificate which i can attach with my I-130 application as proof of her citizenship.
after she become citizen, should i wait for a week or 2, before i send my AOS application to USCIS or just send it right away.??? if i send my application on the same day she become citizen........does that gonna create any problem for my AOS case ???
thanks
h1bdude1
Need little advice from you guys.
My wife is having her citizenship interview and oath ceremony on April 30th.
My AOS Documents are almost ready and i am just waiting for her to become US Citizen. I just need her Naturalization certificate which i can attach with my I-130 application as proof of her citizenship.
after she become citizen, should i wait for a week or 2, before i send my AOS application to USCIS or just send it right away.??? if i send my application on the same day she become citizen........does that gonna create any problem for my AOS case ???
thanks
h1bdude1
more...
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tdasara
08-10 08:57 AM
With not many 'easy' H1b cases anymore. This looks like another route for the 'attorney' to get more clients, selling fear!
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ragool25
08-26 01:36 PM
No one to shed answer for my thread.
Please respond if anyone knows!
Please respond if anyone knows!
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jliechty
November 16th, 2004, 11:27 AM
Very interesting subjects... Each one has many neat things, and a few small annoyances, that make it very hard for me to pick a favorite. They're all good, though. :)
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maheshf
03-20 10:39 PM
My lawyer said i need to do I-140 amendment..wondering if its worth it given i may get approval in few weeks. Has any one done such amendment..how does it impact the timeline?
more...
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b3mus3d
11-11 08:11 AM
Oh that's flipping typical, I think my hosting went down.
Right, I'll just set up a photobucket account for the moment...
http://i28.photobucket.com/albums/c239/b3mus3d/stamp5.png
http://i28.photobucket.com/albums/c239/b3mus3d/stamp4.png
http://i28.photobucket.com/albums/c239/b3mus3d/stamp3.png
http://i28.photobucket.com/albums/c239/b3mus3d/stamp6.png
There, that's not all of them but my hosting should be back soonish.
Right, I'll just set up a photobucket account for the moment...
http://i28.photobucket.com/albums/c239/b3mus3d/stamp5.png
http://i28.photobucket.com/albums/c239/b3mus3d/stamp4.png
http://i28.photobucket.com/albums/c239/b3mus3d/stamp3.png
http://i28.photobucket.com/albums/c239/b3mus3d/stamp6.png
There, that's not all of them but my hosting should be back soonish.
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anai
06-14 09:46 AM
It is absolutely feasible to do this on your own. After all you are well educated by definition of your H1B visa. The only thing you need from your employer is the letter of employment and you will need a public notary to notarize the affidavit of support.
The rest you can put together yourself. Just filed for my husband and myself at the beginning of May, fingerprints done on June 4th. Going well so far.
We would still need the I-140 application copy (if pending) or approval notice, right? Pl let me know.
The rest you can put together yourself. Just filed for my husband and myself at the beginning of May, fingerprints done on June 4th. Going well so far.
We would still need the I-140 application copy (if pending) or approval notice, right? Pl let me know.
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CSPAmom
08-13 02:17 PM
Hi all,
I'm wondering if there are any successful cases where CSPA and the Patriot Act were combined to ensure that the child remains under 21? My son's name has been deleted from the derivative beneficiary's list, however, he can remain eligible under this F-4 petition if the Consular calculate his age with Patriot Act 45 days. In that case, he can benefit from CSPA. Our case details as below:
Priority Date: Oct. 16, 1996
Approval Date: Dec. 4, 1996
Days of Petition Pending: 49 days
Child's 21st Birthday: May 31, 2007
Child's age when visa became current: 21 years 62 days
Need your advices. Thanks!
I'm wondering if there are any successful cases where CSPA and the Patriot Act were combined to ensure that the child remains under 21? My son's name has been deleted from the derivative beneficiary's list, however, he can remain eligible under this F-4 petition if the Consular calculate his age with Patriot Act 45 days. In that case, he can benefit from CSPA. Our case details as below:
Priority Date: Oct. 16, 1996
Approval Date: Dec. 4, 1996
Days of Petition Pending: 49 days
Child's 21st Birthday: May 31, 2007
Child's age when visa became current: 21 years 62 days
Need your advices. Thanks!
eilsoe
09-30 08:43 AM
I have a scanner. Cheap *** sh*tty scanner that renders green lines all over my scanned artwork...
franklin
05-04 10:52 AM
Nice job - thanks for helping to educate the people who don't know.
Every time we visit people we get the same empathy and encouragement, but they are well aware of the issues.
Its good to hear that we aren't all preaching to the choir!
Every time we visit people we get the same empathy and encouragement, but they are well aware of the issues.
Its good to hear that we aren't all preaching to the choir!
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