alterego
06-13 06:06 PM
The benefits to the porting are obvious. However let me share with you the considerations:
1) You have to change jobs presumably on another H1b visa in order to do so. There is inherently a risk in this when you do not have a green card. You'd certainly be a brave soul to change jobs on an EAD based on your EB3 petition while trying for an EB2 petition. How would you justify the same/similar requirement?
2) PERM labor certification is not going to be what it was previously given the current oversight.
3) Ported cases will definitely get more scrutiny (and probably more RFEs) from the USCIS.
4) Premium processing of 140 petitions is for a narrow subset of 140 filers who need to extend their H1b visas, failing which you are likely to take well over a year to get you 140 approved and therefore your PD ported.
5) Political calculations and the elections will be over by later this year, there will definitely be the impetus to address immigration as an urgent issue in the new political cycle and there will likely be a solution. If you are at the 485 stage, with a retrogressed PD as your only issue then you have one problem, if you are at an earlier stage then you may not be approvable at the stage when they are "generous".
If even after all this you feel your best chances are with EB2 then you should go ahead.
Good luck.
1) You have to change jobs presumably on another H1b visa in order to do so. There is inherently a risk in this when you do not have a green card. You'd certainly be a brave soul to change jobs on an EAD based on your EB3 petition while trying for an EB2 petition. How would you justify the same/similar requirement?
2) PERM labor certification is not going to be what it was previously given the current oversight.
3) Ported cases will definitely get more scrutiny (and probably more RFEs) from the USCIS.
4) Premium processing of 140 petitions is for a narrow subset of 140 filers who need to extend their H1b visas, failing which you are likely to take well over a year to get you 140 approved and therefore your PD ported.
5) Political calculations and the elections will be over by later this year, there will definitely be the impetus to address immigration as an urgent issue in the new political cycle and there will likely be a solution. If you are at the 485 stage, with a retrogressed PD as your only issue then you have one problem, if you are at an earlier stage then you may not be approvable at the stage when they are "generous".
If even after all this you feel your best chances are with EB2 then you should go ahead.
Good luck.
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Michael chertoff
10-04 10:40 AM
Recieved EAD card and approved AP documents last month, still waiting for approval notices for both... is it normal or a problem.
gcnirvana
05-30 01:25 PM
call ur airport, I remember a friend got his I94 extended based on new I797 at the airport.
BTW- if u have an approved I797 and an expired I94, u are not out of status....when u travel next time out of country...keep current docs with u and when u reenter...the POE officer will give u i94 based on ur latest I797..
What I dont understand is when u entered US in may 06, with a I797 of 2010
, why didnt the POE officer give u i94 until 2010?
That's because my current 797 was valid till Jun 2007 and he said he can only stamp the date that is on the current 797. I guess it depends on the POE officer and in my case its unfortunate that it got messed up. Someone in the forum mentioned that he got it for 3 years. I think its very very YMMV :confused:
BTW- if u have an approved I797 and an expired I94, u are not out of status....when u travel next time out of country...keep current docs with u and when u reenter...the POE officer will give u i94 based on ur latest I797..
What I dont understand is when u entered US in may 06, with a I797 of 2010
, why didnt the POE officer give u i94 until 2010?
That's because my current 797 was valid till Jun 2007 and he said he can only stamp the date that is on the current 797. I guess it depends on the POE officer and in my case its unfortunate that it got messed up. Someone in the forum mentioned that he got it for 3 years. I think its very very YMMV :confused:
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JunRN
07-17 06:58 AM
I'm sorry...never done Medical yet...what is a PCP? Pardon for the ignorance....
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go_gc_way
06-22 07:43 PM
I think, if at all Minister is being planned to be met , it is better only few problems are presented to Minister.
PROBLEMS IN INDIA MAY DILUTE THE FOCUS. I think the following would be best to present ..
1) Retrogression.
2) Social Security Treaty.
Numbers justifying above data can do a lot good to explain the problem.
PROBLEMS IN INDIA MAY DILUTE THE FOCUS. I think the following would be best to present ..
1) Retrogression.
2) Social Security Treaty.
Numbers justifying above data can do a lot good to explain the problem.
ash0210
10-19 02:43 PM
gimme_my_gc, do you have EAD?
If yes then.. you are NOT out of status...only worry would be Annual W2 salary of your needs to be around gross specified in Labor..
Hi All,
I just joined this site today and wanted to get some input on the following situation:
My current situation is:
Working for a company ABC
completed 6 years on H1 and currently in the 7th year extension
Green card in process for more than a year - Eb3 with PD Jun 2002, I-140 approved
Can extend H1B again in about 6 months, for a 3 year extension
The question I have is , if one has a valid extended H1B for the 7th year and beyond, what happens if one were to lose their job during the extended H1B period, without getting their GC?
1) Can they continue to stay till the end of the extended H1B period by applying for a job with another company?
2) Or should they leave the USA as the first 6 years have been completed without getting a GC, and the extended H1B period would become invalid as soon as they lose the job with the company that processed the extended H1B?
Any input is appreciated. Thanks for your time.
If yes then.. you are NOT out of status...only worry would be Annual W2 salary of your needs to be around gross specified in Labor..
Hi All,
I just joined this site today and wanted to get some input on the following situation:
My current situation is:
Working for a company ABC
completed 6 years on H1 and currently in the 7th year extension
Green card in process for more than a year - Eb3 with PD Jun 2002, I-140 approved
Can extend H1B again in about 6 months, for a 3 year extension
The question I have is , if one has a valid extended H1B for the 7th year and beyond, what happens if one were to lose their job during the extended H1B period, without getting their GC?
1) Can they continue to stay till the end of the extended H1B period by applying for a job with another company?
2) Or should they leave the USA as the first 6 years have been completed without getting a GC, and the extended H1B period would become invalid as soon as they lose the job with the company that processed the extended H1B?
Any input is appreciated. Thanks for your time.
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psgprasad
03-21 05:56 PM
Dear folks,
I am from lansing MI. I have volunteered to meet the law makers for the STRIVE bill.
I would certainly appreciate, if more of us can join this effort.
if you would like to join or have already volunteered for the state of MI. Please email me with your name and contact details at
psgprasad@gmail.com.
Thanks
Gajendra Prasad PS
I am from lansing MI. I have volunteered to meet the law makers for the STRIVE bill.
I would certainly appreciate, if more of us can join this effort.
if you would like to join or have already volunteered for the state of MI. Please email me with your name and contact details at
psgprasad@gmail.com.
Thanks
Gajendra Prasad PS
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arnet
07-05 04:38 PM
there are few famous talk show hosts in KABC radio (Southern california), atleast 5 of them, who have larger listeners and they have devoted one hour everyday regd immigration issues (until they kill this CIR bill because they dont like amnesty issue), they do usually their programs from morning 8am and 5pm-11pm, so I request IV core team to contact their producers using their 1-800 numbers and explain the other side of story i.e. documented workers and how they suffer and what relief this bill can provide us.
for more details, please visit:
http://www.kabc.com/home.asp
IV core team: please contact Rush Limbaugh's talk show host, he has atleast a million listeners.
Thanks.:)
for more details, please visit:
http://www.kabc.com/home.asp
IV core team: please contact Rush Limbaugh's talk show host, he has atleast a million listeners.
Thanks.:)
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gc_maine2
05-16 12:43 PM
Thanks for you response apahilaj, I am also doing a paper file..
Can you please list the documents you have sent along with the I-765 Application form..
Thanks a lot.
Mine was paper file...
I sent mine and my wife's application in seperate packets via certified USPS mail.
Can you please list the documents you have sent along with the I-765 Application form..
Thanks a lot.
Mine was paper file...
I sent mine and my wife's application in seperate packets via certified USPS mail.
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answers_seeker
09-17 12:25 AM
tabletpc,
Look at tv25's post. He/She alreday used the H1B...tv25 mentioned that she/he worked on H1B for three months. That would have invalidated her h4 visa.
tv25 shouldn't have entered using H4 visa that got invalidated as soon as the H1B was used.
This is a serious issue and as all others are saying, tv25 needs to contact an expert immigration lawyer.
thanks
gcisadawg
Guys, please do not scare the poster needlessly with half baked knowledge.
Think of the following,
1. When she went for stamping , they did not CANCEL her H4 visa stamp. Cancelling a visa stamp is a very very easy thing to do. For example if you still have 30 days left on ur stamp and u went for a visa stamp , they put a big CANCELLED on your old visa stamp.
2. So what does this necessarily mean ? This means her entry to the US is dependent on the immigration officer at the POE.
3. Her H1 was denied due to mis representation of facts, which means her COS is essentially denied, even though she was allowed to work since her COS went through while in the US.
4. Don't you think the officer can see her COS in his system when she entered on H4 ? Basically he let her in on good faith that she will not be using her H1 anymore.
Her status is now H4, if she needs to work, she will not have to use EAD or apply for another H1 COS. And here's one more thing, she will now not be subject to the quota since she is going back to H1 within the same year.
My wife's H1 stamp was denied in Vancouver canada and she had her H4 stamp still valid. So we asked the IO specifically if we can use to enter it back to the US and he said specifically " it is up the officer at the POE". After we came back to US within a couple of week we applied for another H1 with same company and it got approved.
Hope this helps.
Look at tv25's post. He/She alreday used the H1B...tv25 mentioned that she/he worked on H1B for three months. That would have invalidated her h4 visa.
tv25 shouldn't have entered using H4 visa that got invalidated as soon as the H1B was used.
This is a serious issue and as all others are saying, tv25 needs to contact an expert immigration lawyer.
thanks
gcisadawg
Guys, please do not scare the poster needlessly with half baked knowledge.
Think of the following,
1. When she went for stamping , they did not CANCEL her H4 visa stamp. Cancelling a visa stamp is a very very easy thing to do. For example if you still have 30 days left on ur stamp and u went for a visa stamp , they put a big CANCELLED on your old visa stamp.
2. So what does this necessarily mean ? This means her entry to the US is dependent on the immigration officer at the POE.
3. Her H1 was denied due to mis representation of facts, which means her COS is essentially denied, even though she was allowed to work since her COS went through while in the US.
4. Don't you think the officer can see her COS in his system when she entered on H4 ? Basically he let her in on good faith that she will not be using her H1 anymore.
Her status is now H4, if she needs to work, she will not have to use EAD or apply for another H1 COS. And here's one more thing, she will now not be subject to the quota since she is going back to H1 within the same year.
My wife's H1 stamp was denied in Vancouver canada and she had her H4 stamp still valid. So we asked the IO specifically if we can use to enter it back to the US and he said specifically " it is up the officer at the POE". After we came back to US within a couple of week we applied for another H1 with same company and it got approved.
Hope this helps.
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waiting_4_gc
08-18 10:34 AM
But marriage certificate from Indian Consulates can not be used for this purpose.Same case with birth certificates.
Why cant we use birth/marriage certificates from Indian consulate?
Why cant we use birth/marriage certificates from Indian consulate?
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kevinkris
08-28 01:47 PM
Hi deafTunes123,
I went to infopass yes'day, mainly to confirm my priority date. My employer used RIR labor and ported to PERM. Not sure of the PD, so took infopass.
She printed the screenshot and given me.
Find the screenshot attached. Preference E21 is EB2.
E31 is EB3
http://tinyurl.com/6rjs5p
Thanks.
Guys,
I took an info pass last week to check the status of my case. Specifically to check whether the interfile is success or not. IO at USCIS office mentioned that she cannot check whether my case is in EB2 or EB3. I am surprised to hear that. Gurus any has this kind of experience?
Also, She mentioned that my case is assigned to an Officer on August 13th. Do any one has any info how many days(on average), an Office will take to approve a case. Any info. is helpful to me and all.
Overall the Field Office people were polite.
Thanks,
Thun.
EB3 INDIA:
PD: Jan 21, 2004
I-140 approved: July 2005
I-485 ND: 09/04/2007
RD: 07/03/2007
EB2: (Same Employer)
PERM: Jan 21, 2007
I-140 Approved: 07/14/2008 with PD of Jan 21, 2004.
Case Interfiled on 08/06/2008 (Attached the EB2 I-140 to the existing I-485 Application).
Hoping that interfile is success.
I went to infopass yes'day, mainly to confirm my priority date. My employer used RIR labor and ported to PERM. Not sure of the PD, so took infopass.
She printed the screenshot and given me.
Find the screenshot attached. Preference E21 is EB2.
E31 is EB3
http://tinyurl.com/6rjs5p
Thanks.
Guys,
I took an info pass last week to check the status of my case. Specifically to check whether the interfile is success or not. IO at USCIS office mentioned that she cannot check whether my case is in EB2 or EB3. I am surprised to hear that. Gurus any has this kind of experience?
Also, She mentioned that my case is assigned to an Officer on August 13th. Do any one has any info how many days(on average), an Office will take to approve a case. Any info. is helpful to me and all.
Overall the Field Office people were polite.
Thanks,
Thun.
EB3 INDIA:
PD: Jan 21, 2004
I-140 approved: July 2005
I-485 ND: 09/04/2007
RD: 07/03/2007
EB2: (Same Employer)
PERM: Jan 21, 2007
I-140 Approved: 07/14/2008 with PD of Jan 21, 2004.
Case Interfiled on 08/06/2008 (Attached the EB2 I-140 to the existing I-485 Application).
Hoping that interfile is success.
more...
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kufloyd
06-13 11:06 PM
It just means somebody touched the case. The case is still at NSC.
What is your PD? Are you current?
My PD is Feb 2004, so I've been current for almost 2 months now. Though, my ND is 9/12/2007 and NSC is processing 7/14/2007, so that's not current yet...
What is your PD? Are you current?
My PD is Feb 2004, so I've been current for almost 2 months now. Though, my ND is 9/12/2007 and NSC is processing 7/14/2007, so that's not current yet...
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buehler
06-15 10:15 AM
In central NJ, I called over 9 Doctors and only two of them had an appointment before July 1st -2nd week.
One is Dr. Neil M.S. Estrella in Clark, NJ. Appointment was available for Monday June 18th. But the fees for the exam plus vaccines is $430. The second one is Dr. Marcel Stern in Piscataway, NJ 08854. Appoitnment was available for Thursday June 21st. The fees was more reasonable at $350.
If you're in Central NJ, Hurry, Hurry Hurry.
P.S - If some of you get other appoitnments in NJ, post here so that others will know and not waste time calling other doctors.
To look for doctors in your area, go here :
https://egov.uscis.gov/crisgwi/go?action=offices.type&OfficeLocator.office_type=CIV
One is Dr. Neil M.S. Estrella in Clark, NJ. Appointment was available for Monday June 18th. But the fees for the exam plus vaccines is $430. The second one is Dr. Marcel Stern in Piscataway, NJ 08854. Appoitnment was available for Thursday June 21st. The fees was more reasonable at $350.
If you're in Central NJ, Hurry, Hurry Hurry.
P.S - If some of you get other appoitnments in NJ, post here so that others will know and not waste time calling other doctors.
To look for doctors in your area, go here :
https://egov.uscis.gov/crisgwi/go?action=offices.type&OfficeLocator.office_type=CIV
more...
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gc_dreamer_485
10-15 02:33 PM
Good it all worked out for you. I am sure they stamped your passport on the way back into USA. Just keep track of your intrnational travel at some point it might be required, you might loose track of them if you don't have exit or entry stamps on your passport.
Good luck,
I did not have a exit date on the passport. At the border they just took my Old I-94 and let me go. But when i came in I got the admit stampted. I hope its not a issue right?
Good luck,
I did not have a exit date on the passport. At the border they just took my Old I-94 and let me go. But when i came in I got the admit stampted. I hope its not a issue right?
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man-woman-and-gc
03-03 02:11 PM
i think "same or similar" job is common sense thing to keep in mind. You dont want to specialize in software architecture the switch to building construction architecture ;) also remember that if you need an attorney to defend you, it will cost you more in money and peace of mind. So it is better to stick with what you know, if you know what i mean.
In answer to your question, no - you do not need any supporting documents from your new employer except in the case of filing an ac-21 letter which must come from your new employer.
So you can apply to any jobs that say employers cannot sponsor visa or gc because you are not technically seeking their direct support for your pending i-485 adjustment. If they ask for proof of employability, present your ead (formally called form i-766) and you should be good to go. Ead form i-766 is listed as a list a document on form i-9. See item #4 on page 4 of this document:
http://www.uscis.gov/files/form/i-9.pdf
list a means you need only present this document for employment verification. You don't even need to show any other document such as passport, driver's license, old h1-b, etc.
a.w.e.s.o.m.e.
In answer to your question, no - you do not need any supporting documents from your new employer except in the case of filing an ac-21 letter which must come from your new employer.
So you can apply to any jobs that say employers cannot sponsor visa or gc because you are not technically seeking their direct support for your pending i-485 adjustment. If they ask for proof of employability, present your ead (formally called form i-766) and you should be good to go. Ead form i-766 is listed as a list a document on form i-9. See item #4 on page 4 of this document:
http://www.uscis.gov/files/form/i-9.pdf
list a means you need only present this document for employment verification. You don't even need to show any other document such as passport, driver's license, old h1-b, etc.
a.w.e.s.o.m.e.
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alterego
12-25 02:24 PM
It was most likely due to the withdrawn underlying 140. Although AC21 protects you in such situations, I think it sometimes takes MTR etc. A whole lot of stress and money expended in the process.
Wow! what a roller-coaster that must have been!
Wow! what a roller-coaster that must have been!
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dilbert_cal
10-06 08:10 PM
From Matthew Oh Website:http://www.immigration-law.com/
Cases Pending Other Agency Action: 136,763
4,905: Other Agencies Investigation Result Waiting
130,091: Interview Completed but Waiting for Name Check Clearance
.
What about the 130k cases waiting for FBI name check - I'm surprised nobody is looking at it. If this is all EB related (worst case scenario), we are looking at around 240k cases of EB category. Well, I already had an email which screwed up my mood today and now this...... time to dump it all and first enjoy the weekend :-)
Afterall, GC is just one of the many factors in life and the more you keep it at the lower priority end, the more you can enjoy TODAY :-)
Cases Pending Other Agency Action: 136,763
4,905: Other Agencies Investigation Result Waiting
130,091: Interview Completed but Waiting for Name Check Clearance
.
What about the 130k cases waiting for FBI name check - I'm surprised nobody is looking at it. If this is all EB related (worst case scenario), we are looking at around 240k cases of EB category. Well, I already had an email which screwed up my mood today and now this...... time to dump it all and first enjoy the weekend :-)
Afterall, GC is just one of the many factors in life and the more you keep it at the lower priority end, the more you can enjoy TODAY :-)
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GIDOC
07-12 01:05 PM
In my opinion the USCIS did this to get the 485 cases to be filed after July 30 when their new fee schedule kicks in. They have just created a mess.
GC_hope_2006
11-12 05:08 PM
Hi,
I am currently on H1B and my 6 years is ending later this year. I have a Canadian PR and planning to move to Canada permanently before my H1 visa ends.
As I will be exporting my car I am planning to leave US by "Land"- mostly via Blaine,WA - Peace Arch border to enter BC, Canada.
The question I have is : where to return my I-94 (expired and the extended one that came with I797) when I leave by LAND as there are no "US CBP agents/office" when we leave US by land. I went through US CBP website and find that there is a process to send I-94 after leaving the country to "ACS - CBP SBU , KY".
Unfortunately as I will be entering as a Canadian PR, there will not be any stamp in my passport to record my entry to Canada and hence won't be able to prove to "ACS - CBP SBU , KY" my date of departure from US. The reason I am worried is that I don't want to get in to any overstay issues if I need to come to US in future.
Any thoughts/suggestions on how I can overcome this issue and record my departure correctly when leaving US via LAND?
Thanks in advance.
I am currently on H1B and my 6 years is ending later this year. I have a Canadian PR and planning to move to Canada permanently before my H1 visa ends.
As I will be exporting my car I am planning to leave US by "Land"- mostly via Blaine,WA - Peace Arch border to enter BC, Canada.
The question I have is : where to return my I-94 (expired and the extended one that came with I797) when I leave by LAND as there are no "US CBP agents/office" when we leave US by land. I went through US CBP website and find that there is a process to send I-94 after leaving the country to "ACS - CBP SBU , KY".
Unfortunately as I will be entering as a Canadian PR, there will not be any stamp in my passport to record my entry to Canada and hence won't be able to prove to "ACS - CBP SBU , KY" my date of departure from US. The reason I am worried is that I don't want to get in to any overstay issues if I need to come to US in future.
Any thoughts/suggestions on how I can overcome this issue and record my departure correctly when leaving US via LAND?
Thanks in advance.
stucklabor
06-20 09:54 AM
stucklabor,
Thanks for your post. It's good to hear the perspective of a core member of IV like yourself. I understand your point of view but respectfully disagree with your definition of the greatest good. The greatest good will not be achieved by just passing the labor cert. stage. The greatest good is achieved once we have the GC card. Your effort on retrogression to benefit 250k & 200k is plausible. But you help them to pass one bridge, to just get stuck on the next. If there are 25k people stuck in name check at this time, imagine what will happen when the estimated 200k-250k reach that stage.
If the 25k spent in average 3 years in the name check, what will be the wait time for that massive population that are headed that way after retrog & labor cert? The EB process is a big picture and the greatest number will not get the greatest good until all these obstacle are resolved all the way to the end.
Sroym, you are missing the point. If it is only about 20% of the people who are stuck in name check - for whatever reason - the proportion is going to remain the same once the 250K+200K that we are talking about get to that stage. 80% of the people are NOT going to be stuck. IV has limited resources. We can't focus on all the issues all the time. It is the greatest good for the greatest number. You are focusing on greatest good. We are focusing on the whole.
Thanks for your post. It's good to hear the perspective of a core member of IV like yourself. I understand your point of view but respectfully disagree with your definition of the greatest good. The greatest good will not be achieved by just passing the labor cert. stage. The greatest good is achieved once we have the GC card. Your effort on retrogression to benefit 250k & 200k is plausible. But you help them to pass one bridge, to just get stuck on the next. If there are 25k people stuck in name check at this time, imagine what will happen when the estimated 200k-250k reach that stage.
If the 25k spent in average 3 years in the name check, what will be the wait time for that massive population that are headed that way after retrog & labor cert? The EB process is a big picture and the greatest number will not get the greatest good until all these obstacle are resolved all the way to the end.
Sroym, you are missing the point. If it is only about 20% of the people who are stuck in name check - for whatever reason - the proportion is going to remain the same once the 250K+200K that we are talking about get to that stage. 80% of the people are NOT going to be stuck. IV has limited resources. We can't focus on all the issues all the time. It is the greatest good for the greatest number. You are focusing on greatest good. We are focusing on the whole.