sayonara
08-18 11:04 PM
I am an Indian National residing in US for the past 10 years.
My labor was filed in September 2006 under Eb3. I received my EAD in 2007 and my current legal status is EAD. Since 2006, I am with the same employer.
In 2008, I got promoted to a Managerial position which requires Bachelors and
minimum 5 yrs progressive experience. I also have a Masters degree in the same field.
I want to port my application to EB2
1. Will this result in me loosing my EAD?
2. What will happen if there is a problem with the new EB2 application - will it also impact the EB3 application?
3. Is it better to change companies to do the porting?
Please advice.
My labor was filed in September 2006 under Eb3. I received my EAD in 2007 and my current legal status is EAD. Since 2006, I am with the same employer.
In 2008, I got promoted to a Managerial position which requires Bachelors and
minimum 5 yrs progressive experience. I also have a Masters degree in the same field.
I want to port my application to EB2
1. Will this result in me loosing my EAD?
2. What will happen if there is a problem with the new EB2 application - will it also impact the EB3 application?
3. Is it better to change companies to do the porting?
Please advice.
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JunRN
02-11 11:47 AM
VB was distorted by the fact that LC process was expedited and back-log was cleared recently. Some of those with early PD just got LC approved and able to file last July 2007.
Therefore, getting back to old VB is not expected soon. I predict that it can take a year or so before it gets back to May 2007 VB.
Therefore, getting back to old VB is not expected soon. I predict that it can take a year or so before it gets back to May 2007 VB.
Guig0
01-03 12:22 PM
Let me warn thee, Becareful! That name is not to be used lightly, nor even spoken aloud. Unless thy crave is to awaken the horror of the Kirupalvania. For behold! That evil not even thou can put a stop to it. So a change in the subject must be made, whilst the doom come to us.
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zj142
07-10 09:01 PM
They probably figured out that accepting those application is actually a better deal comparing with settling a lawsuit with ALIF.
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waitin_toolong
09-17 01:24 PM
you should be fine, keep all letters in safe place
vet282000
04-20 10:55 PM
Hey folks,
The proposed bill to give green card to PhDS does not include all the PhDs. PhDs listed as STEM(Science engineering technology majors) are only eligible through this bill in current form. Graduates from pharmacy, medicine, veterinary medicine, animal science are not listed as STEM. I am sure there are many more majors not listed as STEM. I think we should write a letter to congressmen about this anomaly. And I encourage non STEM PhDs to represent their concern so that we can unite and represent our concerns to the congress men. immigrtion service department has listed the subject codes fall under STEM.
You have to browse through the following link to see code for your major. http://nces.ed.gov/pubs2002/cip2000/ciplist.asp.
once you know the code for your major you can go to http://www.ice.gov/sevis/stemlist.htm to check weather your program is listed there as STEM.
good luck
The proposed bill to give green card to PhDS does not include all the PhDs. PhDs listed as STEM(Science engineering technology majors) are only eligible through this bill in current form. Graduates from pharmacy, medicine, veterinary medicine, animal science are not listed as STEM. I am sure there are many more majors not listed as STEM. I think we should write a letter to congressmen about this anomaly. And I encourage non STEM PhDs to represent their concern so that we can unite and represent our concerns to the congress men. immigrtion service department has listed the subject codes fall under STEM.
You have to browse through the following link to see code for your major. http://nces.ed.gov/pubs2002/cip2000/ciplist.asp.
once you know the code for your major you can go to http://www.ice.gov/sevis/stemlist.htm to check weather your program is listed there as STEM.
good luck
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lecter
June 25th, 2004, 09:33 AM
1. D70
2. Second hand 1D / Drebel
3. 10D
4. Sigma DS10
There's some choices, I talk to many people about their choices and I always get requriements first, then a budget and I match them up.
2. Second hand 1D / Drebel
3. 10D
4. Sigma DS10
There's some choices, I talk to many people about their choices and I always get requriements first, then a budget and I match them up.
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anilsal
06-23 01:17 PM
with your PD and phone number too.
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GCMember
08-20 01:14 PM
At what date the checks got encashed?
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americandesi
08-16 03:43 PM
There's no catch at all.....according to my lawyer. He said even if you come back on AP, you can still work on your H-1B so long as it's valid.
Thanks,
Jayant
As far as I know, Until your apply for a H1 extension or H1 transfer on "Parolee" status, your status continues to be "Parolee". Lets consider this.
You have 3 years remaining on your H1.
You go out and come back on "AP".
Your status changes to "Parolee".
You do H1 transfer (or) your employer files for H1 extension at the end of the 3rd year.
Now your status changes back to "H1".
Here is the catch. You are a "Parolee" until your "H1" transfer or extension. In case your I-485 gets rejected during your "Parolee" status, you gotta leave the country (or) file for an appeal and proceed with H1 transfer (or) H1 extension to retain your H1 status.
Seniors, Please correct me if i am wrong.
Thanks,
Jayant
As far as I know, Until your apply for a H1 extension or H1 transfer on "Parolee" status, your status continues to be "Parolee". Lets consider this.
You have 3 years remaining on your H1.
You go out and come back on "AP".
Your status changes to "Parolee".
You do H1 transfer (or) your employer files for H1 extension at the end of the 3rd year.
Now your status changes back to "H1".
Here is the catch. You are a "Parolee" until your "H1" transfer or extension. In case your I-485 gets rejected during your "Parolee" status, you gotta leave the country (or) file for an appeal and proceed with H1 transfer (or) H1 extension to retain your H1 status.
Seniors, Please correct me if i am wrong.
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Macaca
01-26 04:21 PM
Many people that have contributed earlier feel that by prioritizing the 485 filing over increase of EB visas, IV has gone away from atleast some of stakeholders .The stakeholders were promised initially that increase of EB visas would be a top priority or atleast on a even keel with any other objectives, but now we are in phased approach.I have talked to lot of people and the feeling is same.
Suppose IV decides not to focus on I-485 filing but some other issue. By this analogy, all members with interest in I-485 will leave.
Suppose IV decides not to focus on I-485 filing but some other issue. By this analogy, all members with interest in I-485 will leave.
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gccovet
07-23 11:53 AM
Someone posted a link describing I-485 Standard Operating Procedures. It is very detailed and interesting to read. It even described color of paperclip to use, place it on left or right corner, how to fold papers, how to form group family cases, how to shelve and label them, etc. It also has a very detailed description on where to click on screen while working on cases. The link is:
http://www.ilw.com/seminars/august2002_citation2b.pdf
The document is dated year 2001 but may have been revised since. Contents of this doc suggest that cases are first reviewed following some work distribution method, original mailroom RD is used wherever receive date is to be entered (automatically generated RD might be different though). PD is not part of initial data entry. Cases are placed in order of PD ONLY after they have been pre-adjudicated (shelved as 'waiting for visa number availablity'). etc. etc.
There is also a expedite procedure for cases with children between 20 and 21 years, where files are hand transferred from desk to desk.
Very interesting to read.
Amazing! thank you sharing.
GCCovet.
http://www.ilw.com/seminars/august2002_citation2b.pdf
The document is dated year 2001 but may have been revised since. Contents of this doc suggest that cases are first reviewed following some work distribution method, original mailroom RD is used wherever receive date is to be entered (automatically generated RD might be different though). PD is not part of initial data entry. Cases are placed in order of PD ONLY after they have been pre-adjudicated (shelved as 'waiting for visa number availablity'). etc. etc.
There is also a expedite procedure for cases with children between 20 and 21 years, where files are hand transferred from desk to desk.
Very interesting to read.
Amazing! thank you sharing.
GCCovet.
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baburob2
10-03 10:32 AM
Basically to retain the PD you should have the copy of the I-140 approved and you could retain the PD. Having said that, different lawyers have different interpretations when you switch jobs and retain the PD. Basicallly some lawyers say you could retain the PD even if your old employer uses it for another person after revoking yours, while others say you can't retain PD if your old employer revokes your I-140. However if your old employer willn't revoke your I-140 then you could definetely port your PD with your new employer. If you employer is hesitant to give, you could try asking him other ways if possible for H1B stamping etc.
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zCool
04-02 12:12 PM
Pls see below for answers
My H1b is going to expire on April 17th. I had found a new job and they had applied for my H transfer on March 27th. I would like to know
1. How many days is required to get a H1b transfer receipt.
-- upto 1 or 2 weeks if it's Premium
-- Upto 2 or 4 weeks for regular. Looking at your case, your lawyer probably already has receipt Number.
2. What happens if my H1B expires before i get a receipt.
-- Nothing, you will get a receipt sometime , so long as you get a receipt that will have date of receipt as you originally sent it. If you are afraid your company didn't actually send it, then
3. Should i go on EAD or continue on H1B. My wife is a green card holder for last 3 years 6 months.
That decision has no relation to pending h1. You can choose to go to EAD anytime. Looking at your situation, you are probably better of on EAD. Your wife will eligible for citizenship in 18 months then she can apply for naturalization, I think even now you can probably apply as spousal category so really no reason for you to be on h1 ..(Not entire sure abot this.. check with family immigration lawyer)
PD Oct 2006
I-140 Approved
I- 485 July Completed 180 days.
EAD and AP
My H1b is going to expire on April 17th. I had found a new job and they had applied for my H transfer on March 27th. I would like to know
1. How many days is required to get a H1b transfer receipt.
-- upto 1 or 2 weeks if it's Premium
-- Upto 2 or 4 weeks for regular. Looking at your case, your lawyer probably already has receipt Number.
2. What happens if my H1B expires before i get a receipt.
-- Nothing, you will get a receipt sometime , so long as you get a receipt that will have date of receipt as you originally sent it. If you are afraid your company didn't actually send it, then
3. Should i go on EAD or continue on H1B. My wife is a green card holder for last 3 years 6 months.
That decision has no relation to pending h1. You can choose to go to EAD anytime. Looking at your situation, you are probably better of on EAD. Your wife will eligible for citizenship in 18 months then she can apply for naturalization, I think even now you can probably apply as spousal category so really no reason for you to be on h1 ..(Not entire sure abot this.. check with family immigration lawyer)
PD Oct 2006
I-140 Approved
I- 485 July Completed 180 days.
EAD and AP
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gc_freedom
04-21 11:14 PM
Ski_dude12, immigration voice portal is for helping people with immigration issues.Everyone is welcome here especially if you can contribute something positive and help others.
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sathyaraj
06-21 11:51 AM
Once you get ur receipt, try to expedite ur renewal process. I am waiting for my receipt as well.
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GCwaitforever
10-06 03:49 PM
If he is going to start with new PERM. new I-140, he can port the old PD based on old I-140.
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brkl1935
04-04 08:52 PM
Very appreciate for grate enthusiasm
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pakrish
02-22 11:09 AM
http://www.washingtontimes.com/national/20070222-121742-6247r.htm
msp1976
10-19 02:38 PM
That's very correct. But I think AILA or concerned folks like us should ask USCIS to clarify their stand on it. I am sure they will do it soon.
The AC-21 became a law in 2001.... if they really wanted to clarify it, by now they would have....They have taken a position of strategic ambiguity....
Government lawyers like this kind of situation...If they donot like something you or me not doing they can use this weapon against us....to throw you/me out..
So the crux is if you/me donot get into any trouble like drunk driving or something...we can get away with some things...
The AC-21 became a law in 2001.... if they really wanted to clarify it, by now they would have....They have taken a position of strategic ambiguity....
Government lawyers like this kind of situation...If they donot like something you or me not doing they can use this weapon against us....to throw you/me out..
So the crux is if you/me donot get into any trouble like drunk driving or something...we can get away with some things...
garybanz
11-07 10:28 AM
You have three options
1) Talk to your employer and see if he is willing to support your I-140 while you are away on leave of absence, if he agrees then great!
2) Talk to your school and check if they will differ your admission by an year.
3) Go anyway...forget about US, you can do great in Europe or Asia too
1) Talk to your employer and see if he is willing to support your I-140 while you are away on leave of absence, if he agrees then great!
2) Talk to your school and check if they will differ your admission by an year.
3) Go anyway...forget about US, you can do great in Europe or Asia too