GC4ALL
09-24 05:15 PM
Hi Gurus,
I want to switch my employer after my I140 gets approved. I may not be able to apply for I485 because of the Retrogression.
I have read somewhere that the priority date can be retained by the beneficiary once I140 is approved. Even though I restart the entire process from LC application, I can still hold the old priority date.
Are there any catches in this rule.
Please advise me.
I want to switch my employer after my I140 gets approved. I may not be able to apply for I485 because of the Retrogression.
I have read somewhere that the priority date can be retained by the beneficiary once I140 is approved. Even though I restart the entire process from LC application, I can still hold the old priority date.
Are there any catches in this rule.
Please advise me.
nashim
08-14 03:26 PM
After seeing this type of RFE, it looks like IO comes under EB10 category but fortunately/ unfortunately EB10 does not exist that’s why they fall under citizen category.
hope49
07-08 06:45 PM
Hi,
does anyone has experience working with satyam computers as a consultant on H1B ?
Thanks.
does anyone has experience working with satyam computers as a consultant on H1B ?
Thanks.
kumarr
06-14 09:40 PM
Thank you all for your helpful replies.
Hopefully its just an easy one like mentioned above.
Hopefully its just an easy one like mentioned above.
more...
sreedhar
02-25 01:25 PM
Thanks for sending the information..and one more thing is there any road test?
Just ask yourself some questions & read some IMP information before apply for DL in USA.
1) You said you have International DL.
Do you know the driving…?
How confident are you in driving…?
Apologies for asking this question to you. Because one of my friend’s family had a bad experience with International DL. My friend wife brought International DL and went to DMV in Colorado and the Colorado state people issue the DL without having Road Test. They just took Paper Test. But she doesn’t know how to drive the car. And when she learn driving in Wal-Mart parking lot she met with the accident (Thank god no human effected in that accident. just $2000 for repairs)
2) Are you willing to spend at least 3 hours driving classes from Driving School…?
Better to spend some $$$ on Driving school, Even you are perfect in driving in your country.
3) Are you looking for MVA who do not offer Road Test on International DL…?
Do not consider the people advices like “Go there…MVA people kind of liberal in some Driving mistakes”. You know…DL is not a Green Card or some immigration benefit that you should get it immediately. You should at least 99.99% perfect in driving particularly in Highway in USA. Otherwise you and other people will be in big jeopardy while you drive the car.
Hope this gives you a better picture on DL in USA.
~Sree
Just ask yourself some questions & read some IMP information before apply for DL in USA.
1) You said you have International DL.
Do you know the driving…?
How confident are you in driving…?
Apologies for asking this question to you. Because one of my friend’s family had a bad experience with International DL. My friend wife brought International DL and went to DMV in Colorado and the Colorado state people issue the DL without having Road Test. They just took Paper Test. But she doesn’t know how to drive the car. And when she learn driving in Wal-Mart parking lot she met with the accident (Thank god no human effected in that accident. just $2000 for repairs)
2) Are you willing to spend at least 3 hours driving classes from Driving School…?
Better to spend some $$$ on Driving school, Even you are perfect in driving in your country.
3) Are you looking for MVA who do not offer Road Test on International DL…?
Do not consider the people advices like “Go there…MVA people kind of liberal in some Driving mistakes”. You know…DL is not a Green Card or some immigration benefit that you should get it immediately. You should at least 99.99% perfect in driving particularly in Highway in USA. Otherwise you and other people will be in big jeopardy while you drive the car.
Hope this gives you a better picture on DL in USA.
~Sree
ufo2002
09-11 04:50 PM
EB3 RoW is 3rd biggest group... so not everybody is Indian after all!
Just j/k, :p
Just j/k, :p
more...
bestia
07-16 10:30 PM
Argument:
Due to un-availability of revised bulletin, if NSC approves i485 and issues AP and EAD, they cannot cancel it..as they have not used any visa # at this time ? Am I correct ?
If they will incorrectly approve I-485 they CAN and WILL revoke it and they have done that. I personally know people who got their GCs revoked because of USCIS mistakes (not EB though), although they didn't get in much trouble. I don't remember the web-site where I read the story. The person had his 485 approved while he wasn't current. The lawyer suggested to inform USCIS about mistaken approval, USCIS revoked the GC and when the person became current they approved his 485 again.
Due to un-availability of revised bulletin, if NSC approves i485 and issues AP and EAD, they cannot cancel it..as they have not used any visa # at this time ? Am I correct ?
If they will incorrectly approve I-485 they CAN and WILL revoke it and they have done that. I personally know people who got their GCs revoked because of USCIS mistakes (not EB though), although they didn't get in much trouble. I don't remember the web-site where I read the story. The person had his 485 approved while he wasn't current. The lawyer suggested to inform USCIS about mistaken approval, USCIS revoked the GC and when the person became current they approved his 485 again.
delhikadesi
05-01 01:38 PM
Don't tell the world that you r a linebreaker
more...
forgerator
04-08 08:12 PM
US govt. must get all their money from HBSC and then strip them of their US citizenship and deport them. You can do everything in America except cheat more than allowed on taxes. Everyone enjoys a little wriggle space with taxes...the IRS knows that about each filer. Certain things however cannot and should not be done. These evaders are nothing but THEIVES stealing from us ALL. :mad:
I believe US citizenship cannot be revoked unless you're charged with treason or something.
I believe US citizenship cannot be revoked unless you're charged with treason or something.
sayonara
09-11 01:33 PM
My main concern is RD of 28th August.....Does that mean that we are falling out of August 17 window and our cases will be put on hold or may be denied.......
Atleast, if I had RD of July 2, 2007...when our cases reached USCIS....I would not worry about it that much.....
Now...when it get transfered to NSC, will we get new case #s....I think all cases at NSC starts with LIN....
Anybody else in same situation?
Did you guys talk to your Attorney?
I just sent an email to my Attorney and waiting for the reply....
I spoke to my attorney and he says there was some update from USCIS and now processing can be done at local centers (some change in july end is what he said) and according to him, its fairly common. I also googled and this was pretty common in 1999-2000 period. I also have a RD of aug 28th, worried that my counter of 180 days is increasing bcoz of this...
Atleast, if I had RD of July 2, 2007...when our cases reached USCIS....I would not worry about it that much.....
Now...when it get transfered to NSC, will we get new case #s....I think all cases at NSC starts with LIN....
Anybody else in same situation?
Did you guys talk to your Attorney?
I just sent an email to my Attorney and waiting for the reply....
I spoke to my attorney and he says there was some update from USCIS and now processing can be done at local centers (some change in july end is what he said) and according to him, its fairly common. I also googled and this was pretty common in 1999-2000 period. I also have a RD of aug 28th, worried that my counter of 180 days is increasing bcoz of this...
more...
priderock
05-31 03:43 PM
14. S.1397 : A bill to increase the allocation of visas for certain highly skilled workers and to reduce fraud and abuse in certain visa programs for aliens working temporarily in the United States.
Sponsor: Sen Lieberman, Joseph I. [CT] (introduced 5/15/2007) Cosponsors :
Sen Cantwell, Maria [WA] - 5/15/2007
Sen Hagel, Chuck [NE] - 5/15/2007
Sen Voinovich, George V. [OH] - 5/15/2007
Committees: Senate Judiciary
Latest Major Action: 5/15/2007 Referred to Senate committee.
Status: Read twice and referred to the Committee on the Judiciary.
Excerpts of text:
(a) In General- Section 201(b)(1) of the Immigration and Nationality Act (8 U.S.C. 1151(b)(1)) is amended by adding at the end the following:
`(F) Aliens who have earned a master's or higher degree from an accredited university in the United States.
`(G) Aliens who--
`(i) have earned an advanced degree in science, technology, engineering, or mathematics; and
`(ii) have been working in a related field in the United States under a nonimmigrant visa during the 3-year period preceding their application for an immigrant visa under section 203(b).
`(H) Aliens who--
`(i) are described in subparagraph (A) or (B) of section 203(b)(1); or
`(ii) have received a national interest waiver under section 203(b)(2)(B).
`(I) The immediate relatives of an alien who is admitted as an employment-based immigrant under section 203(b).'.
(b) Adjustment of Status for Employment-Based Immigrants-
(1) IN GENERAL- Section 245 of the Immigration and Nationality Act (8 U.S.C. 1255) is amended by adding at the end the following:
`(n) Adjustment of Status to Employment-Based Immigrant-
`(1) ELIGIBILITY- An alien, and any eligible dependents of such alien, may file an application for adjustment of status with the Secretary of Homeland Security, whether or not an employment-based immigrant visa is immediately available at the time the application is filed, if--
`(A) a petition filed under subparagraph (E) or (F) of section 204(a)(1) on behalf of the alien has been approved; or
`(B) in the discretion of the Secretary, the adjudication of such petition is pending.
`(2) VISA AVAILABILITY- An application filed under paragraph (1) may not be approved until the appropriate employment-based immigrant visa becomes available under section 203(b).
`(3) FEES- If an employment-based immigrant visa is not available on the date on which an application is filed under paragraph (1), a supplemental fee of $500 shall be paid on behalf of the beneficiary of such application. Such fee may not be charged with respect to any dependent accompanying or following to join such beneficiary.
`(o) Extension of Employment Authorization and Advanced Parole Document- The Secretary of Homeland Security--
`(1) shall issue a 3-year employment authorization and 3-year advanced parole document to any beneficiary of an application for adjustment of status if a petition has been filed or is pending under subparagraph (E) or (F) of section 204(a)(1); and
`(2) may adjust fees assessed under this section in accordance to the 3-year period of validity assigned to the employment authorization or advanced parole documents issued under subparagraph (1).'.
(2) USE OF FEES- Section 286 of such Act (8 U.S.C. 1356) is amended--
(A) in subsection (m), by striking `provisions of law, all adjudication fees' and inserting `provision of law, all adjudication fees and the fees collected under section 245(n)(3)'; and
(B) in subsection (n)--
(i) by striking `All deposits' and inserting the following: `(1) Except as provided in paragraph (2), all deposits'; and
(ii) by adding at the end the following:
`(2) All deposits in the Immigration Examinations Fee Account that were originally collected under section 245(n)(3) shall be used to clear security background check delays.'.
(c) Applicability- The amendments made by subsections (a) and (b) shall apply to any visa application--
(1) pending on the date of the enactment of this Act; or
(2) filed on or after such date.
Sponsor: Sen Lieberman, Joseph I. [CT] (introduced 5/15/2007) Cosponsors :
Sen Cantwell, Maria [WA] - 5/15/2007
Sen Hagel, Chuck [NE] - 5/15/2007
Sen Voinovich, George V. [OH] - 5/15/2007
Committees: Senate Judiciary
Latest Major Action: 5/15/2007 Referred to Senate committee.
Status: Read twice and referred to the Committee on the Judiciary.
Excerpts of text:
(a) In General- Section 201(b)(1) of the Immigration and Nationality Act (8 U.S.C. 1151(b)(1)) is amended by adding at the end the following:
`(F) Aliens who have earned a master's or higher degree from an accredited university in the United States.
`(G) Aliens who--
`(i) have earned an advanced degree in science, technology, engineering, or mathematics; and
`(ii) have been working in a related field in the United States under a nonimmigrant visa during the 3-year period preceding their application for an immigrant visa under section 203(b).
`(H) Aliens who--
`(i) are described in subparagraph (A) or (B) of section 203(b)(1); or
`(ii) have received a national interest waiver under section 203(b)(2)(B).
`(I) The immediate relatives of an alien who is admitted as an employment-based immigrant under section 203(b).'.
(b) Adjustment of Status for Employment-Based Immigrants-
(1) IN GENERAL- Section 245 of the Immigration and Nationality Act (8 U.S.C. 1255) is amended by adding at the end the following:
`(n) Adjustment of Status to Employment-Based Immigrant-
`(1) ELIGIBILITY- An alien, and any eligible dependents of such alien, may file an application for adjustment of status with the Secretary of Homeland Security, whether or not an employment-based immigrant visa is immediately available at the time the application is filed, if--
`(A) a petition filed under subparagraph (E) or (F) of section 204(a)(1) on behalf of the alien has been approved; or
`(B) in the discretion of the Secretary, the adjudication of such petition is pending.
`(2) VISA AVAILABILITY- An application filed under paragraph (1) may not be approved until the appropriate employment-based immigrant visa becomes available under section 203(b).
`(3) FEES- If an employment-based immigrant visa is not available on the date on which an application is filed under paragraph (1), a supplemental fee of $500 shall be paid on behalf of the beneficiary of such application. Such fee may not be charged with respect to any dependent accompanying or following to join such beneficiary.
`(o) Extension of Employment Authorization and Advanced Parole Document- The Secretary of Homeland Security--
`(1) shall issue a 3-year employment authorization and 3-year advanced parole document to any beneficiary of an application for adjustment of status if a petition has been filed or is pending under subparagraph (E) or (F) of section 204(a)(1); and
`(2) may adjust fees assessed under this section in accordance to the 3-year period of validity assigned to the employment authorization or advanced parole documents issued under subparagraph (1).'.
(2) USE OF FEES- Section 286 of such Act (8 U.S.C. 1356) is amended--
(A) in subsection (m), by striking `provisions of law, all adjudication fees' and inserting `provision of law, all adjudication fees and the fees collected under section 245(n)(3)'; and
(B) in subsection (n)--
(i) by striking `All deposits' and inserting the following: `(1) Except as provided in paragraph (2), all deposits'; and
(ii) by adding at the end the following:
`(2) All deposits in the Immigration Examinations Fee Account that were originally collected under section 245(n)(3) shall be used to clear security background check delays.'.
(c) Applicability- The amendments made by subsections (a) and (b) shall apply to any visa application--
(1) pending on the date of the enactment of this Act; or
(2) filed on or after such date.
martinvisalaw
06-28 12:48 PM
Using AP does not necessarily mean that one is using the EAD. It is just a document that allows you to travel when needed.
Elaine you can correct if I am wrong ? I had a question though... say the H1-B is valid for more than 1 year but if AP is used the I-94 given would be of only 1 year, should we then extend the I-94 or is our H1-B valid till the duration it is approved for..
The I-94 stays valid as long as you stay working for that employer. Even though you entered using the AP, CIS has said that you can work pursuant to the underlying H-1B status.
Elaine you can correct if I am wrong ? I had a question though... say the H1-B is valid for more than 1 year but if AP is used the I-94 given would be of only 1 year, should we then extend the I-94 or is our H1-B valid till the duration it is approved for..
The I-94 stays valid as long as you stay working for that employer. Even though you entered using the AP, CIS has said that you can work pursuant to the underlying H-1B status.
more...
sdrblr
09-11 01:53 PM
I dont know what is your educational and experience background but please understand that it is very hard to get EB2 labor certified. It is not as easy as telling "I will start EB2 LC application"
ThinkTwice
11-29 06:37 PM
My attorney received a letter saying "Intent to Deny" reason being not having Mats in graduation.
I was in a similar situation.. not exaclty the same...
I had an approved I 140 and then I got the Notice of Intent To Deny, similar reason. This is what I did.
- I called my unversity and asked them to send me a detail syallbus of the courses I attended
- A letter from a third part evaluator
- An indetail letter from my HR as to what my courses where and how the courses pertain to my work.
- A detailed letter from the attorney.
looks like you do not have any thing to worry, if you took math courses and your syllabus states that then you should be ok. Make sure that you mention in very much detail and repetedly about the courses you took so that they wont miss it. Good luck I am certian you will be ok.
I was in a similar situation.. not exaclty the same...
I had an approved I 140 and then I got the Notice of Intent To Deny, similar reason. This is what I did.
- I called my unversity and asked them to send me a detail syallbus of the courses I attended
- A letter from a third part evaluator
- An indetail letter from my HR as to what my courses where and how the courses pertain to my work.
- A detailed letter from the attorney.
looks like you do not have any thing to worry, if you took math courses and your syllabus states that then you should be ok. Make sure that you mention in very much detail and repetedly about the courses you took so that they wont miss it. Good luck I am certian you will be ok.
more...
Bpositive
03-05 08:13 AM
My luck is just not good w.r.t GC. Afte long wait my spouse finally had received her FP notice and is scheduled for her FP in couple of days. But today she accidently burnt her finger and that too right at the spot where we give the FP.
Guys , any suggestion as to what needs to be done. Should she still try to give the FP and see if it works. She has a big blister on her finger.
Any similar experiences , please post.
Yep..not to worry..just go there on the date of appt..they'll just ask you to come back when the finger heals...I cut my finger...officer made a notation on my form and asked me to come when it heals..I went after a month and got it done
Guys , any suggestion as to what needs to be done. Should she still try to give the FP and see if it works. She has a big blister on her finger.
Any similar experiences , please post.
Yep..not to worry..just go there on the date of appt..they'll just ask you to come back when the finger heals...I cut my finger...officer made a notation on my form and asked me to come when it heals..I went after a month and got it done
Aura M.
02-21 03:59 PM
no accountability..just pay the fees, shutup and wait..
sorry dude but that's the reality
Oh my God you are so polite... What an answer
sorry dude but that's the reality
Oh my God you are so polite... What an answer
more...
gcdreamer05
08-11 11:23 AM
Here you go!
Ok we have the poll, now can we start guessing when our dates will be current.
possibly we need another poll with these options asking when do you think your PD will be current
1) 10-12 years
2) 12-15 years
3) 15 - 20 years
:(
Ok we have the poll, now can we start guessing when our dates will be current.
possibly we need another poll with these options asking when do you think your PD will be current
1) 10-12 years
2) 12-15 years
3) 15 - 20 years
:(
linuxra
09-28 07:54 PM
Before i present my RFE I will explaing My GC:
I did masters and worked on OPT for sometime with Company A and they applied H1B,
still working for Company A as H1B as Senoir Programmer ANalyst.
At one point CompanyB filed GC process and I-140 approved as a IT Manager in EB2
PD=jan 2006
Still working with H1B from COmpany A
I never worked for Company B and it no longer exists...
Company A recently merged with ANother Company X
I recently got an RFE How do i respond PLease help me:
Below are the details
Please submit a properly completcd Form G-325A, Biographic Information Sheet, for yourself. Your original
signature is required on the Form G-325A. Photocopied signatures are not acceptable. Blank immigration forms
and information are available online from the official Service website: USCIS Home Page (http://www.uscis.gov). You may also ordcr
immigration forms by phone at 1-800-870-3676.
Submit documentary evidencc to establish your employmcnt history listcd on Form G-325A. Such evidence
should include, but is not limited to:
Clear copies ofIRS Form W -2 wage and tax statcmcnts;
Pay vouchers;
Complete copies of properly filcd Federal Individual Income Tax Returns (IRS Form 1040);
Any additional documentation which confirms your employment history.
You must submit a currcntly dated letter from your intended permanent employer dcseribing your present job
duties and position in the organization, your proffered position, if different from your current position, the date
you began employment and the offered salary or wage. This letter must be in the original and signed by an
executive or officer of the organization who is authorized to make or confirm an offer of permanent
employment. The letter must also indicate whether the terms and conditions of your employment-based visa
petition or labor certification continue to exist.
If you have changed employers since filing your application for adjustment of status, please submit a statement
which lists the names and locations of all employers you have had in the US and the beginning and end dates of
each position unless these have been included on Form G-325A.
Nebraska
I did masters and worked on OPT for sometime with Company A and they applied H1B,
still working for Company A as H1B as Senoir Programmer ANalyst.
At one point CompanyB filed GC process and I-140 approved as a IT Manager in EB2
PD=jan 2006
Still working with H1B from COmpany A
I never worked for Company B and it no longer exists...
Company A recently merged with ANother Company X
I recently got an RFE How do i respond PLease help me:
Below are the details
Please submit a properly completcd Form G-325A, Biographic Information Sheet, for yourself. Your original
signature is required on the Form G-325A. Photocopied signatures are not acceptable. Blank immigration forms
and information are available online from the official Service website: USCIS Home Page (http://www.uscis.gov). You may also ordcr
immigration forms by phone at 1-800-870-3676.
Submit documentary evidencc to establish your employmcnt history listcd on Form G-325A. Such evidence
should include, but is not limited to:
Clear copies ofIRS Form W -2 wage and tax statcmcnts;
Pay vouchers;
Complete copies of properly filcd Federal Individual Income Tax Returns (IRS Form 1040);
Any additional documentation which confirms your employment history.
You must submit a currcntly dated letter from your intended permanent employer dcseribing your present job
duties and position in the organization, your proffered position, if different from your current position, the date
you began employment and the offered salary or wage. This letter must be in the original and signed by an
executive or officer of the organization who is authorized to make or confirm an offer of permanent
employment. The letter must also indicate whether the terms and conditions of your employment-based visa
petition or labor certification continue to exist.
If you have changed employers since filing your application for adjustment of status, please submit a statement
which lists the names and locations of all employers you have had in the US and the beginning and end dates of
each position unless these have been included on Form G-325A.
Nebraska
sunnymit
05-10 12:49 PM
the title of your thread sent a message that you know something that others don't - misleading... u want to start predictions - fine, do it but don't misguide ppl... Cheers
ChangingJobs
06-29 10:27 PM
Here is my situation:
- I have a valid H1B and EAD through Employer A. My current status is H1B.
- I am getting offer from Employer B but they are asking me to join on EAD so that I dont have to wait for H1 Trasnfer approval. They are okay in filing for H1 B Transfer at the same time. Here are 2 questions I have:
1. In case H1 transfer gets denied then will I be able to go back to Employer A and continue on the current H1B ? I really dont want to take the risk of using EAD since if I-485 is denied then I will have to leave immediately.
2. Will I be able to maintain my H1 B status even if I join on the basis of EAD considering that H1 B transfer application is filed before I join.
Your answer will be very helpful for me to take the right decision.
Thanks in Advance
- I have a valid H1B and EAD through Employer A. My current status is H1B.
- I am getting offer from Employer B but they are asking me to join on EAD so that I dont have to wait for H1 Trasnfer approval. They are okay in filing for H1 B Transfer at the same time. Here are 2 questions I have:
1. In case H1 transfer gets denied then will I be able to go back to Employer A and continue on the current H1B ? I really dont want to take the risk of using EAD since if I-485 is denied then I will have to leave immediately.
2. Will I be able to maintain my H1 B status even if I join on the basis of EAD considering that H1 B transfer application is filed before I join.
Your answer will be very helpful for me to take the right decision.
Thanks in Advance
sbmallik
09-10 10:00 AM
I have finished my 6 years quota of H1B and right now I am on TN visa (I am Canadian). Since I started the green card process a little late, I still need more time to finish the green card process. So, my question is, is there any way I can go back to H1B visa again once my TN visa expires. I can not renew my TN because I have applied already for I-140 and that shows my intent to immigrate to US.
Thanks
Theo
Was your I-140 petition filed when you changed your status from H-1B to TN? In my opinion, it is the I-140 petition that discloses immigration intent. However, as the previous poster mentioned, your employer can extend H-1B after the I-140 approval. Till then I think you have to continue on TN status.
Thanks
Theo
Was your I-140 petition filed when you changed your status from H-1B to TN? In my opinion, it is the I-140 petition that discloses immigration intent. However, as the previous poster mentioned, your employer can extend H-1B after the I-140 approval. Till then I think you have to continue on TN status.
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