GlobalCitizen
08-21 06:23 PM
I see. I thought it was your lawyer that sent all your documents. So do you actually have a lawyer?
My emloyer hired a law firm to do green card and the human resources does the H1B's. The firm just sent (before Agust 17th) my I-140 and I-485. I have pendind EAD. I really want to remain on H1B though.
I am so frustrated and do now what to do.
How long does this 'nunc-pro-tunk' take if it comes to that? Also Can I go back to school?
My emloyer hired a law firm to do green card and the human resources does the H1B's. The firm just sent (before Agust 17th) my I-140 and I-485. I have pendind EAD. I really want to remain on H1B though.
I am so frustrated and do now what to do.
How long does this 'nunc-pro-tunk' take if it comes to that? Also Can I go back to school?
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addsf345
10-22 06:18 PM
I was eligible for EB-2 but as company wouldn't file any case in EB-2.
My lawyer suggests the best way to get it faster is to apply for a new EB-2 (fm a new company) and go for consular processing. I am still researching that option.
Thank you "KabAyegaMeraGc". However one thing I don't understand why the consular processing?
My lawyer suggests the best way to get it faster is to apply for a new EB-2 (fm a new company) and go for consular processing. I am still researching that option.
Thank you "KabAyegaMeraGc". However one thing I don't understand why the consular processing?
vxb2004
05-31 05:53 PM
Hi,
I was wondering if anyone was ever able to change from Software Engineer to Technical Marketing Engineer (TME), using the AC21 portability rules. A TME needs similar level of technical skills as that of a Software Engineer, of course used for a different purpose.
A short description of this role (for those of you who don't know about this role)
The Technical Marketing Engineer role is exciting and challenging for the employee that enjoys equally working hands on with technology in the lab and marketing this knowledge to customers. Working with marketing, engineering, services and the sales channels
I really like to consider moving to TME roles. I see this as a first point to moving to Product Manager roles. One could move to Product Manager directly, but I guess the transition for a Software Engineer will be smooth, when he/she goes from Software Engineer -> TME -> Product Manager. The advantage with TME is, you can leverage your technical skills to perform this new role and then gradually hone your marketing/soft skills, to move to the Product Manager position. This is also the input I got from the Marketing Director of one of the reputed firms.
All looks good, but I am not sure if this transition to TME will be acceptable under the AC21 rules. It would be nice to know if anyone has ever able to do it successfully (without getting any RFEs/rejections). Right now, I have a feeling that I am totally stuck in the Software Engineer role and really like to explore my options.
Appreciate your thoughts on this
tpcool,
Given the fact that ur I-140 is not approved yet, I would wait till the approval before considering any job change.
Good luck.
I was wondering if anyone was ever able to change from Software Engineer to Technical Marketing Engineer (TME), using the AC21 portability rules. A TME needs similar level of technical skills as that of a Software Engineer, of course used for a different purpose.
A short description of this role (for those of you who don't know about this role)
The Technical Marketing Engineer role is exciting and challenging for the employee that enjoys equally working hands on with technology in the lab and marketing this knowledge to customers. Working with marketing, engineering, services and the sales channels
I really like to consider moving to TME roles. I see this as a first point to moving to Product Manager roles. One could move to Product Manager directly, but I guess the transition for a Software Engineer will be smooth, when he/she goes from Software Engineer -> TME -> Product Manager. The advantage with TME is, you can leverage your technical skills to perform this new role and then gradually hone your marketing/soft skills, to move to the Product Manager position. This is also the input I got from the Marketing Director of one of the reputed firms.
All looks good, but I am not sure if this transition to TME will be acceptable under the AC21 rules. It would be nice to know if anyone has ever able to do it successfully (without getting any RFEs/rejections). Right now, I have a feeling that I am totally stuck in the Software Engineer role and really like to explore my options.
Appreciate your thoughts on this
tpcool,
Given the fact that ur I-140 is not approved yet, I would wait till the approval before considering any job change.
Good luck.
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roseball
04-04 11:42 PM
3. If new employer gives me the option to move permanently to its subsidiary in another country, what are the available option for me to continue with green card processing?
You can convert your I-485 to Consular Processing (CP) and keep your GC process going. Since GC is for a future job, you can work this out with your employer. Basically, your employer has to support you so that when you are called for the consular interview, you need to be able to show documentary evidence that you will be moving back to the US and joining the same job at or above the advertised wage once your GC is approved.
4. If after going out of the country , I want to come back in future before Green card approval, what will be the available options?
As long as your I-485 is pending, you can use a valid AP to re-enter. To renew your AP, you need to be in the US. If you convert your I-485 to CP, you will lose your EAD/AP privileges and will only be able to enter US on a valid H1 assuming you are coming here to work and have a job offer from an employer.
You can convert your I-485 to Consular Processing (CP) and keep your GC process going. Since GC is for a future job, you can work this out with your employer. Basically, your employer has to support you so that when you are called for the consular interview, you need to be able to show documentary evidence that you will be moving back to the US and joining the same job at or above the advertised wage once your GC is approved.
4. If after going out of the country , I want to come back in future before Green card approval, what will be the available options?
As long as your I-485 is pending, you can use a valid AP to re-enter. To renew your AP, you need to be in the US. If you convert your I-485 to CP, you will lose your EAD/AP privileges and will only be able to enter US on a valid H1 assuming you are coming here to work and have a job offer from an employer.
more...
xyz2005
08-02 01:09 AM
hi:
I am filing my I140 and i485 togther this week. I have had 2 previous employers to the current one.
I wporked for my first employer for nearly 3 years ( some months less) and then other employer for some 4 months and finally switching to the current employer..where I have been working for 6.5 years.
I am getting experience letter from first employer but second employer where I worked for 4 months has no record.
Is it ok to file I140 with just experienced letters from my first and the present employer and let go the one with just 4 months? Please let me now..I did call the former employer who worked there..but she also does not remmeber because it was 7 years back and that too for short time.
Please let me know..is that is risky or will come back with RFE?
DB
Well few comments:
- For LC you cannot use your current work exp...it has to be relevant prior one
- Your first one (if its relevant is the one you can use) and if second one is not relevant to your LC at current position then you can ignore it. If its relevant then every month will count and you should get one work exp from second one as well.
- Now if there is nobody at second place (in the company who can give this work exp letter) then hunt or locate any colleague and tell him to give work exp letter in his or her current letter head. This has to be done.
- For clarity sake , make one work exp letter with the set of responsibilities and send it everywhere so that all have same set of duties that are in LC.
Thanks and take care
Best Regards,
I am filing my I140 and i485 togther this week. I have had 2 previous employers to the current one.
I wporked for my first employer for nearly 3 years ( some months less) and then other employer for some 4 months and finally switching to the current employer..where I have been working for 6.5 years.
I am getting experience letter from first employer but second employer where I worked for 4 months has no record.
Is it ok to file I140 with just experienced letters from my first and the present employer and let go the one with just 4 months? Please let me now..I did call the former employer who worked there..but she also does not remmeber because it was 7 years back and that too for short time.
Please let me know..is that is risky or will come back with RFE?
DB
Well few comments:
- For LC you cannot use your current work exp...it has to be relevant prior one
- Your first one (if its relevant is the one you can use) and if second one is not relevant to your LC at current position then you can ignore it. If its relevant then every month will count and you should get one work exp from second one as well.
- Now if there is nobody at second place (in the company who can give this work exp letter) then hunt or locate any colleague and tell him to give work exp letter in his or her current letter head. This has to be done.
- For clarity sake , make one work exp letter with the set of responsibilities and send it everywhere so that all have same set of duties that are in LC.
Thanks and take care
Best Regards,
walking_dude
09-25 01:27 PM
And while you guys are at it, a clearly visible ( in bold or red) message at the top of every messageboard/forum can improve the situation making it clear in legal terms.
Something like "The opinions expressed by the members are their own personal views. IV neither endorses nor rejects any views expressed by it's members. IV is not responsible for the views expressed by it's members " [ or something to that effect in "legalese"]
Something like "The opinions expressed by the members are their own personal views. IV neither endorses nor rejects any views expressed by it's members. IV is not responsible for the views expressed by it's members " [ or something to that effect in "legalese"]
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prabhu07
05-21 11:44 AM
@gcformeornot - Thanks for the reply. Its my current employer who has applied for H1 as my L1 is maxing out, so, I am not in a total rush to change employers.
@surabhi - Thanks for the detailed reply, much appreciated. Your answer to my #2 question just made my day. I just wanted confirmation that I can still use my old priority date. I have no problems starting with a new labor, new I-140, as long as I can retain my old Priority date. Will you get real mad if I ask "can you re-confirm your answer" ? :D Nonetheless, Thanks a bunch again. :)
@surabhi - Thanks for the detailed reply, much appreciated. Your answer to my #2 question just made my day. I just wanted confirmation that I can still use my old priority date. I have no problems starting with a new labor, new I-140, as long as I can retain my old Priority date. Will you get real mad if I ask "can you re-confirm your answer" ? :D Nonetheless, Thanks a bunch again. :)
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whitecollarslave
01-28 05:04 PM
Sabeer Bhatia - Hotmail
Suhas Patil - Cirrus Logic
Narinder Kapany - Father of Fiber Optics
Vinod Dham - Father of Pentium
Deepak Chopra
I am not sure if Deepak Chopra and other above are EB immigrants. I was asking for examples of people from EB immigrants community.
Thanks.
Suhas Patil - Cirrus Logic
Narinder Kapany - Father of Fiber Optics
Vinod Dham - Father of Pentium
Deepak Chopra
I am not sure if Deepak Chopra and other above are EB immigrants. I was asking for examples of people from EB immigrants community.
Thanks.
more...
gc28262
03-25 03:52 PM
thats what scared me when i read this thread... so, basically, they are using even the pending 485s to raise issues on 140 etc... this i bad stuff.
Probably this is a simple RFE to answer. But it is puzzling why they raise such RFEs.
Probably this is a simple RFE to answer. But it is puzzling why they raise such RFEs.
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yomaan
08-21 01:31 PM
troll alert
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justAnotherFile
03-08 08:37 PM
Wow,
at first glance it seems 245(i) is kicking in real hard.
Look at EB-3 numbers for Mexico, Phillipines, Pakistan, South Korea, Guatemala, Brazil, Equador, Peru, Poland, El Salvador, Bolivia, Ecquador,
Compare this with H1-B data and you'll see what I mean.
Also EB-1 seems unusually high at ~37,000
EB-1 is even higher than EB-2
isn't that unusual?
at first glance it seems 245(i) is kicking in real hard.
Look at EB-3 numbers for Mexico, Phillipines, Pakistan, South Korea, Guatemala, Brazil, Equador, Peru, Poland, El Salvador, Bolivia, Ecquador,
Compare this with H1-B data and you'll see what I mean.
Also EB-1 seems unusually high at ~37,000
EB-1 is even higher than EB-2
isn't that unusual?
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pd_recapturing
12-02 07:25 PM
Thanks for sharing this news. Here is the link (http://www.immigration-information.com/forums/showthread.php?p=25832).
This news is very encouraging and thanks to Ron Gotcher for publishing it on his web site. Guys, please continue sending the letters, if you have not done it so far.
We are working on 2nd phase of our campaign.
This news is very encouraging and thanks to Ron Gotcher for publishing it on his web site. Guys, please continue sending the letters, if you have not done it so far.
We are working on 2nd phase of our campaign.
more...
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jayleno
08-05 04:37 PM
EB2 takes X number of years
EB3 takes Y number of years
X >= Y In most cases.
I think thats the most accurate estimate anyone can give you. By the way...I'm not kidding.
I know this is not a good question as there is no time frame for GC process?
But please share your experience;
How many years it could take to get GC if it is started with in Aug. 2008 for
-EB2 category
-EB3 category
I am trying to understand the time (years) difference between two process.
Thanks,
Sanjeev.
EB3 takes Y number of years
X >= Y In most cases.
I think thats the most accurate estimate anyone can give you. By the way...I'm not kidding.
I know this is not a good question as there is no time frame for GC process?
But please share your experience;
How many years it could take to get GC if it is started with in Aug. 2008 for
-EB2 category
-EB3 category
I am trying to understand the time (years) difference between two process.
Thanks,
Sanjeev.
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fearonlygod
11-14 10:12 AM
thanks for the response ....how long is the response time for such cases....
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Ann Ruben
02-16 02:02 AM
The new PW system seems to be taking about 4-5 weeks, not months.
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mwin
12-17 01:05 PM
I am pretty sure $10,000 is limit while coming into USA. While going to India, the limit is much less, about Rs.12,000 or so (check with some Indian websites). I know, you need declare (for Tax purposes) if you carry more than this amount. I don’t know tax liability of this declarion. Also, the amount varies on the purpose and duration of abroad trip.
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lost_in_gc_land
02-02 03:39 AM
Yes you can fedex the AP to india and yes she can use it while coming back if needed. I got this from USCIS level 2 immigration officer.:D
Hello,
I would like to check with you if you know of someone who has used an AP that was approved while that person had left the US and received it by mail/fedex/etc. to get back in the US. I am in a situation where my H1 stamping is in security/background check and it been that way for over 75 days. I have an AP that was approved and mailed to me but I have been told by my lawyer that it is not ok to use AP or atleast without risk of not being allowed entry
Hello,
I would like to check with you if you know of someone who has used an AP that was approved while that person had left the US and received it by mail/fedex/etc. to get back in the US. I am in a situation where my H1 stamping is in security/background check and it been that way for over 75 days. I have an AP that was approved and mailed to me but I have been told by my lawyer that it is not ok to use AP or atleast without risk of not being allowed entry
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KbK
04-09 11:50 PM
Hi friends
I am sure lot of applicants are hold up in labor certification at Backlog Processing Centers. The implication of this delay are; even if the current bill is passed and all the provisions in the current bill are implemented, still it will be of NO USE to the applicants who are awaiting labor certification.
The other option is to apply through PERM and try to get certification quickly. But the catch here is, if the PERM application is approved then the original labor application is cancelled and priority date would become 2006. For example, if someone's application is pending since year 2002 and now if that person applies through PERM and if it gets approved within three months then that person would loose the priority date of 2002 and will have a priority date of 2006. If the green card numbers are not current then it would be a big disadvantage.
On the other hand if someone had applied through PERM in 2004 and his/her labor is approved then, with this new proposed bill, there is a good chance that he/she might get green card immediately because priority dates would have moved up to 2004. The reason I think this is a possibility is because, the quota numbers are going to increase substantially and BPC is very slow in approving labor certification. Hence there is a good chance that priority dates would move up fast.
If this happens then people who had applied earlier and waited for such a long time, will be at very big disadvantage.
I propose that we should request for change in law to allow existing applicants to apply through PERM and keep the old priority dates even after the application is approved.
This will not only help all of us but also help the authorities; as it would reduce the work load on BPC.
Friends at the end, may I request you to please send your thoughts on this?
Thanks
I am sure lot of applicants are hold up in labor certification at Backlog Processing Centers. The implication of this delay are; even if the current bill is passed and all the provisions in the current bill are implemented, still it will be of NO USE to the applicants who are awaiting labor certification.
The other option is to apply through PERM and try to get certification quickly. But the catch here is, if the PERM application is approved then the original labor application is cancelled and priority date would become 2006. For example, if someone's application is pending since year 2002 and now if that person applies through PERM and if it gets approved within three months then that person would loose the priority date of 2002 and will have a priority date of 2006. If the green card numbers are not current then it would be a big disadvantage.
On the other hand if someone had applied through PERM in 2004 and his/her labor is approved then, with this new proposed bill, there is a good chance that he/she might get green card immediately because priority dates would have moved up to 2004. The reason I think this is a possibility is because, the quota numbers are going to increase substantially and BPC is very slow in approving labor certification. Hence there is a good chance that priority dates would move up fast.
If this happens then people who had applied earlier and waited for such a long time, will be at very big disadvantage.
I propose that we should request for change in law to allow existing applicants to apply through PERM and keep the old priority dates even after the application is approved.
This will not only help all of us but also help the authorities; as it would reduce the work load on BPC.
Friends at the end, may I request you to please send your thoughts on this?
Thanks
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jlt007us
09-14 12:08 PM
I came to US on H1B in 2000. I have an engineering degree (10+2+4) from a premier institute in India in Information Systems. Before coming to US I worked for an MNC for 4+ years. I am with the current employer since 2003. Following are my case details.
Case 1:
EB2 Labor filed: April 2005
Labor Approved: December 2005
I-140 Filed: January 2006
RFE for Ability 2 pay and RFE replied.
I-140 Denied: August 2007
Never recieved the denial notice as per the lawyer
Case 2:
EB2 Labor filed: August 2005
Labor Approved: January 2006
I-140 Filed: August 2007 (I checked the status online and informed the lawyer who immediately filed for this I-140 basing on the approved labor)
I-485 Filed: August 2007
RFE for W2/wages company tax information etc that were replied on time.
I-140 Denied Sep 2009
EAD valid till October: 2010
AP Valid till Feb 2010
H1 B 8th year extension filed: July 2008 (There was a mistake during the filing as the reference was made to denied I-140 instead of the pending one)
Extension Denied based on Case 1 I-140: October 2008
I-290B Appeal to commissioner filed and pending as of date
Case 3:
Pending EB2 labor since October 2008.
I am paid more than the prevailing wages. Now the question is:
1. Should I file for MTR/Appeal (we still haven't recieved the denial notice).
2. I believe it is just a matter of time before I-485 status changes to denied. Will the EAD/AP become invalid as well?
3. If MTR/Appeal is filed for I-140, can I still continue working?
Any thoughts or suggestions will be appreciated.
Case 1:
EB2 Labor filed: April 2005
Labor Approved: December 2005
I-140 Filed: January 2006
RFE for Ability 2 pay and RFE replied.
I-140 Denied: August 2007
Never recieved the denial notice as per the lawyer
Case 2:
EB2 Labor filed: August 2005
Labor Approved: January 2006
I-140 Filed: August 2007 (I checked the status online and informed the lawyer who immediately filed for this I-140 basing on the approved labor)
I-485 Filed: August 2007
RFE for W2/wages company tax information etc that were replied on time.
I-140 Denied Sep 2009
EAD valid till October: 2010
AP Valid till Feb 2010
H1 B 8th year extension filed: July 2008 (There was a mistake during the filing as the reference was made to denied I-140 instead of the pending one)
Extension Denied based on Case 1 I-140: October 2008
I-290B Appeal to commissioner filed and pending as of date
Case 3:
Pending EB2 labor since October 2008.
I am paid more than the prevailing wages. Now the question is:
1. Should I file for MTR/Appeal (we still haven't recieved the denial notice).
2. I believe it is just a matter of time before I-485 status changes to denied. Will the EAD/AP become invalid as well?
3. If MTR/Appeal is filed for I-140, can I still continue working?
Any thoughts or suggestions will be appreciated.
s416504
08-29 02:52 PM
So far 95 Voted. 77% says No update
abhis0
09-12 01:28 PM
I called the USCIS customer service and was given the receipt numbers for 485,EAD and AP.The application was put in the system on Sep 8th, Saturday. Checks havent been cashed yet.
Check my signature for the details. USCIS seems to be working overtime.
Congrats tnite.
How did you reach IO level 2? (I thought there is wait for 90 days)
Do your receipts start with SRC or LIN?
Check my signature for the details. USCIS seems to be working overtime.
Congrats tnite.
How did you reach IO level 2? (I thought there is wait for 90 days)
Do your receipts start with SRC or LIN?
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