Pineapple
10-14 02:08 PM
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gc_chahiye
10-24 04:01 PM
Can anyone please share info on conversion of EB3 to EB2 after applying for 485 ?. Our lawyer now suggests that they cant apply for EB2 and they have to revoke EB3 application.. Is this applicable to even apply for EB2 labor and subsequent I140. I thought we need to revoke 485 only when we are about to apply for new 485. Also, please let me know if we can apply for EB2 when you are in EAD status and has not invoked AC21. Sorry, if this question was already answered in the forum.
you can start a new LC in EB2 anytime, irrespective of whether you are in EAD, h1, AC21, in the country, outside the country, travelling in space. No restrictions...
The only risk with what you are trying to do is if you try to file EB2 for the same position for which you had earlier filed in EB3 (ie. job duties and position are the same) you can get queries from USCIS about it. Make sure this position (or job duties) are different. Search the mesage boards, this topic has been discussed earlier
you can start a new LC in EB2 anytime, irrespective of whether you are in EAD, h1, AC21, in the country, outside the country, travelling in space. No restrictions...
The only risk with what you are trying to do is if you try to file EB2 for the same position for which you had earlier filed in EB3 (ie. job duties and position are the same) you can get queries from USCIS about it. Make sure this position (or job duties) are different. Search the mesage boards, this topic has been discussed earlier
forgerator
05-19 07:01 PM
Welcome to the length/hassle prone/worry-filled process of obtaining the H1B Visa Stamp!
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flashbabe
11-30 10:47 AM
I had to look up the meaning of WPF :)
No - I'm using VS 2005 .NET. It is a standard Windows Application Form in C#.
The combo box selected index value change causes 2 panes to change. The one pane allows the user to Update information of the Item in the selected index. The other pane displays all database elements FKeying to that item.
So sometimes the user may update the portion of the information that is set as DisplayValue in the combobox. The object itself is updated, but the combobox text remains as the old value.
I'm essentially looking for a best practice in doing this. Whenever updating a member of the combobox should I rebind the datasource? I tried using the Refresh() and Update() methods but they do not update the display value.
No - I'm using VS 2005 .NET. It is a standard Windows Application Form in C#.
The combo box selected index value change causes 2 panes to change. The one pane allows the user to Update information of the Item in the selected index. The other pane displays all database elements FKeying to that item.
So sometimes the user may update the portion of the information that is set as DisplayValue in the combobox. The object itself is updated, but the combobox text remains as the old value.
I'm essentially looking for a best practice in doing this. Whenever updating a member of the combobox should I rebind the datasource? I tried using the Refresh() and Update() methods but they do not update the display value.
more...
number30
03-26 04:58 PM
I have got my EAD, and my application was filed in EB3, 2005 in perm.
With the kind of speed USCIS is working with, I fear I would never get my GC.
Whereas My brother is a Citizen. Can it be possible that he files family based GC for me ?
I have read that for family based applications they regard the priority date as date of filing I-130.
If I do so, will my current process be wiped off ?
what are the repurcussions.
Please advice.
It does not wipe out any thing. But PD for Brother/Sister of Citizens ( 4th Category) is 04/15/1998. EB3 is better then that. Just apply I-130 in case.
With the kind of speed USCIS is working with, I fear I would never get my GC.
Whereas My brother is a Citizen. Can it be possible that he files family based GC for me ?
I have read that for family based applications they regard the priority date as date of filing I-130.
If I do so, will my current process be wiped off ?
what are the repurcussions.
Please advice.
It does not wipe out any thing. But PD for Brother/Sister of Citizens ( 4th Category) is 04/15/1998. EB3 is better then that. Just apply I-130 in case.
seekinggc
06-19 01:53 PM
Please reply.
more...
jsb
01-09 03:40 PM
Thanks jsb..In that case, I am changing jobs even without working for my GC sponsorer. I heard that it could potentially lead to fraud case.are you sure we can do this or do u know somebody who has done this.
thx
AC21 guidance issued in the following link should clarify some of your concerns.
http://www.ilw.com/immigdaily/news/2005,0520-ac21.pdf
GC sponsorship is always for a future job. Until your GC approval, if you are working for the sponsoring employer, you are there as a guest worker (on H1B, L1 etc.). It will be fraud if it is established that sponsoring employer did not really intend to employ you, and you did not really intend to work for them as a permanent employee, upon getting your GC.
thx
AC21 guidance issued in the following link should clarify some of your concerns.
http://www.ilw.com/immigdaily/news/2005,0520-ac21.pdf
GC sponsorship is always for a future job. Until your GC approval, if you are working for the sponsoring employer, you are there as a guest worker (on H1B, L1 etc.). It will be fraud if it is established that sponsoring employer did not really intend to employ you, and you did not really intend to work for them as a permanent employee, upon getting your GC.
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indyanguy
07-17 09:16 PM
My lawyer sent out the LC Substitution/140/485/EAD on July 2nd and said that all these can be filed concurrently and he wanted to take advantage of the dates being current.
I read in several forums that it's necessary to have the LC substitution stage completed before filing for 140/485. Is this true?
Is it possible that there are more chances of LC substitution denial? If so, what are my options?
Thanks!
PS: This is a genuine LC substitution case!
I read in several forums that it's necessary to have the LC substitution stage completed before filing for 140/485. Is this true?
Is it possible that there are more chances of LC substitution denial? If so, what are my options?
Thanks!
PS: This is a genuine LC substitution case!
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QuickGreenCard
04-29 07:33 PM
all the responses. Does anyone know how to get my mom's I-94 back?
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martinvisalaw
10-15 03:56 PM
The safest route is to have both the H-1B and the EAD, if the employer agrees to pay for all. If you just have an EAD and the 485 is denied for some reason, you have no work authorization. If you have the H-1B also, then you can continue to work on that.
The filing fees for a H-1B extension depend on how many extensions have been filed already. Assuming it is not the very first H-1B, then the filing fee is $320, and $1500 if it is the first extension.
The filing fees for a H-1B extension depend on how many extensions have been filed already. Assuming it is not the very first H-1B, then the filing fee is $320, and $1500 if it is the first extension.
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tb2904
07-02 12:14 PM
From immigration-law website.
The State Department has released the update. The sudden backlog reduction efforts by Citizenship and Immigration Services Offices during the past month have resulted in the use of almost 60,000 Employment numbers. As a result of this unexpected action it has been necessary to make immediate adjustments to several previously announced cut-off dates. All Citizenship and Immigration Services Offices have been notified of the following: Effective Monday July 2, 2007 there will be no further authorizations inresponse to requests for Employment-based preference cases. All numbers available to these categories under the FY-2007 annual numerical limitation have been made available. Employment preference numbers will once again be available to these chargeability areas beginning October 1, 2007, under the FY-2008 annual numerical limitation.
If visa number is unavailable in the Visa Bulletin, it appears that the USCIS is unable to accept the 485 applications under the USCIS regulation. It is thus likely that all the applications which they received or will receive today may be rejected and returned. The current situation is different from the other worker cases rejection in June in that in that case, the State Department did not officially revised the Visa Bulletin. However, we will have to wait and see the anticipated announcement from the USCIS.
This Visa Bulletin revision also implies that there will be no EB-485 approvals during July, August, and September 2007!!!!! Accordingly all the recent approvals practically ended as of July 1, 2007 and there will be no adjudication of any employment-based I-485 applications. For the reasons, those EB-485 waiters who fail to receive the approval notices within this week will have to endure further hardships and emotional trauma. Now, people understand what Washington did to them. Had they passed the SKIL bill, all of these problems would have disappeared. We still wonder who invented the point system that helped to induce the business community to oppose the CIR and partially killed the bill. History will tell.
The State Department has released the update. The sudden backlog reduction efforts by Citizenship and Immigration Services Offices during the past month have resulted in the use of almost 60,000 Employment numbers. As a result of this unexpected action it has been necessary to make immediate adjustments to several previously announced cut-off dates. All Citizenship and Immigration Services Offices have been notified of the following: Effective Monday July 2, 2007 there will be no further authorizations inresponse to requests for Employment-based preference cases. All numbers available to these categories under the FY-2007 annual numerical limitation have been made available. Employment preference numbers will once again be available to these chargeability areas beginning October 1, 2007, under the FY-2008 annual numerical limitation.
If visa number is unavailable in the Visa Bulletin, it appears that the USCIS is unable to accept the 485 applications under the USCIS regulation. It is thus likely that all the applications which they received or will receive today may be rejected and returned. The current situation is different from the other worker cases rejection in June in that in that case, the State Department did not officially revised the Visa Bulletin. However, we will have to wait and see the anticipated announcement from the USCIS.
This Visa Bulletin revision also implies that there will be no EB-485 approvals during July, August, and September 2007!!!!! Accordingly all the recent approvals practically ended as of July 1, 2007 and there will be no adjudication of any employment-based I-485 applications. For the reasons, those EB-485 waiters who fail to receive the approval notices within this week will have to endure further hardships and emotional trauma. Now, people understand what Washington did to them. Had they passed the SKIL bill, all of these problems would have disappeared. We still wonder who invented the point system that helped to induce the business community to oppose the CIR and partially killed the bill. History will tell.
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Maverick1
10-30 03:46 PM
OK.
Is there anyone who has the same status on AP and actually received the approval notice?
Thanks.
Same status for about a week. No letter yet 10/30.
Is there anyone who has the same status on AP and actually received the approval notice?
Thanks.
Same status for about a week. No letter yet 10/30.
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smdfarooq
06-02 04:48 AM
Please share your experience, if any one come across this situation
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ztopia
03-30 09:09 PM
123,
Yes. U have to file a G28 for ur spouse. I am in a similar situ and am in the process of doing so myself.
As for the actual porting, did u do an H-1 transfer or did u start at ur new company using ur EAD? If u did transfer over ur H-1 did u wait until u got the actual USCIS receipt to start work?
Does anyone know what what legal expenses one might ...once form G-28 is filed for a new lawyer to represent an applicant (I-140 has been approved and I-485 was filed more than 180 days ago)??
Hi All,
I have used AC21 to switch employers. I also changed attorney using G28.
Do I need to file G28 for my spouse as well for the new attorney?
Any help will be appreciated.
Thanks
Yes. U have to file a G28 for ur spouse. I am in a similar situ and am in the process of doing so myself.
As for the actual porting, did u do an H-1 transfer or did u start at ur new company using ur EAD? If u did transfer over ur H-1 did u wait until u got the actual USCIS receipt to start work?
Does anyone know what what legal expenses one might ...once form G-28 is filed for a new lawyer to represent an applicant (I-140 has been approved and I-485 was filed more than 180 days ago)??
Hi All,
I have used AC21 to switch employers. I also changed attorney using G28.
Do I need to file G28 for my spouse as well for the new attorney?
Any help will be appreciated.
Thanks
more...
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MIKEDAVID
07-29 09:36 PM
Yes, you can.
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svam77
12-04 06:49 PM
Thanks !! My 140 is indeed pending. But I dont have plans to move to EAD now. I am moving to EAD only after my 140 is approved.
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h1vegas
02-02 05:12 PM
I have a couple of questions on renewing my H-1
1) I got my first H-1 on 10/01/2006 ( I-29 date). When is the latest I should renew my H-1B visa
2) I was a July filer and my wife is already using EAD (business). Does it make sense to renew her H-4 as well
3) I was going to apply for AP for my wife? Will I loose my H-1 if I apply AP for myself too
I truely appreciate your response on this matter
H-1Vegas
1) I got my first H-1 on 10/01/2006 ( I-29 date). When is the latest I should renew my H-1B visa
2) I was a July filer and my wife is already using EAD (business). Does it make sense to renew her H-4 as well
3) I was going to apply for AP for my wife? Will I loose my H-1 if I apply AP for myself too
I truely appreciate your response on this matter
H-1Vegas
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ubaidu
10-25 08:35 PM
Folks,
I am on EB3 with 140 approved. My PD is Dec 2002. My company is ok to give me a promotion and re-apply on EB2. I have roughly 8 years of experience as a software engineer. According to my company's lawyer I may still have a problem because my university education is not in computers. I have 3 years degree in mathematics (BSc) and 2 years in business (MBA). I also have 2 years diploma in computers.
Anybody has any experience with such a case? Any suggestions or ideas?
What is the risk if I decide to take a chance ?
Thanks a lot..
Ub
I am on EB3 with 140 approved. My PD is Dec 2002. My company is ok to give me a promotion and re-apply on EB2. I have roughly 8 years of experience as a software engineer. According to my company's lawyer I may still have a problem because my university education is not in computers. I have 3 years degree in mathematics (BSc) and 2 years in business (MBA). I also have 2 years diploma in computers.
Anybody has any experience with such a case? Any suggestions or ideas?
What is the risk if I decide to take a chance ?
Thanks a lot..
Ub
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pani_6
08-21 07:36 PM
For those of you who have rotted in the BEC and USCIS..for many years..that has eventually denied you from being a citizen sooner..there are some posts in immigration.com I saw that talks about some kind of a campign to capture lost time...most of you will get GC soon..if you have wasted time..please look at a new campaign to recapture the lost time towards your citizenship
:)
:)
ourquestions
09-21 07:53 PM
My H-1B petition is currently under processing in Vermont sevice center.
The receipt status shows it was recieved on May 8th and currently pending.
The processing dates on the USCIS website show May 31st as the current date.
Any reason why I still didnt receive a decision from USICS for my H-1B Petition? Does this mean anything? Or can i still keep the hope that I may receive a decision from USCIS?
The receipt status shows it was recieved on May 8th and currently pending.
The processing dates on the USCIS website show May 31st as the current date.
Any reason why I still didnt receive a decision from USICS for my H-1B Petition? Does this mean anything? Or can i still keep the hope that I may receive a decision from USCIS?
martinvisalaw
01-07 02:33 PM
For locations of deferred inspection offices, see here. (http://www.cbp.gov/linkhandler/cgov/toolbox/contacts/deferred_inspection/deferred_inspection_sites.ctt/deferred_inspection_sites.pdf) Please call before visiting them to make sure of their hours. Good luck.
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