ata1234
07-13 09:07 PM
Dear friends, you are participating into this rally not for your own benefit but also you are helping huge community. All the best!
sbvw76
04-21 03:13 PM
depends on whether you are on L1B or L1A. On L1A - i have seen many GCs getting approved (from 140 filing to GC in hand) in 6 months or less.
of course - your lawyer and/or employer needs to ascertain whether your role here and also in the country where you were employed by same employer qualifies you for EB1C filing or not.......
Of course, this is not legal advice but only anecdotal experience
If you are in L1A, your company can file in EB1 which is current for all countries. If you are in L1B, then go for H1B. Because Only H1B can be extended beyond 6 years.
of course - your lawyer and/or employer needs to ascertain whether your role here and also in the country where you were employed by same employer qualifies you for EB1C filing or not.......
Of course, this is not legal advice but only anecdotal experience
If you are in L1A, your company can file in EB1 which is current for all countries. If you are in L1B, then go for H1B. Because Only H1B can be extended beyond 6 years.
s_r_e_e
01-23 11:03 AM
H1 stamping on passport doesnt matter. copy of H1 approval + I94 and employment letter will be fine.
>> Will there be any problem in visa approval for parents
this is million $$ q :) .. it depends on several factors,including the mood of the officer, other than documents.
But one of the most important thing i learned(my parents got rejected even with plenty of valid docs) is that, how the parents 'express' their indent to return is very very important.
it is like the job interviews here, there will be one or 2 questions.. You got to tell all that would sell you, regardless the scope of the Q..
Same for this interview.. For eg, they have 2cr worth investments and 5 laks pension and old parents leaving with them and a son/daughter to get married and so and so things to take care backhome... think of every possible thing that require them to be in india. any documents to support these claims may come handy.. but not to worry if not available.
nothing to worry, but preparing for this will defenitly help.. wish all the best for them to get visa.
>> Will there be any problem in visa approval for parents
this is million $$ q :) .. it depends on several factors,including the mood of the officer, other than documents.
But one of the most important thing i learned(my parents got rejected even with plenty of valid docs) is that, how the parents 'express' their indent to return is very very important.
it is like the job interviews here, there will be one or 2 questions.. You got to tell all that would sell you, regardless the scope of the Q..
Same for this interview.. For eg, they have 2cr worth investments and 5 laks pension and old parents leaving with them and a son/daughter to get married and so and so things to take care backhome... think of every possible thing that require them to be in india. any documents to support these claims may come handy.. but not to worry if not available.
nothing to worry, but preparing for this will defenitly help.. wish all the best for them to get visa.
GotGC??
05-15 12:03 PM
Thanks for your reply.
My understanding is there can be only one AOS at any time.
- So if the AOS is applied based on the EB3 140, can another AOS be filed based on EB2?
- If a AOS has been applied based on EB3, can it be "upgraded" to EB2 ??
Thanks.
Not an expert but my guess is this window of opportunity will exist till next Fiscal year's bulletin is out i.e around 10th sep 2007. If you haven't already filed 485 you are unlikely to be approved during the window. I would go with aggressive approach i.e file based on pending EB2 and upgrade to PP. If you want to be conservtive because you never know if the porting will be accepted or not, or if it may add more delay just file eb3 485 right away, take the beneifts like ead etc.. and later port if retrogressed.
My understanding is there can be only one AOS at any time.
- So if the AOS is applied based on the EB3 140, can another AOS be filed based on EB2?
- If a AOS has been applied based on EB3, can it be "upgraded" to EB2 ??
Thanks.
Not an expert but my guess is this window of opportunity will exist till next Fiscal year's bulletin is out i.e around 10th sep 2007. If you haven't already filed 485 you are unlikely to be approved during the window. I would go with aggressive approach i.e file based on pending EB2 and upgrade to PP. If you want to be conservtive because you never know if the porting will be accepted or not, or if it may add more delay just file eb3 485 right away, take the beneifts like ead etc.. and later port if retrogressed.
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basav
08-03 03:20 PM
I came to US in March 2007 on L1B, mean time applied for H1b during April 2008 which got approved with COS effective from Oct 1 2008,
I could not work on H1b for some reasons, continued work on L1 until end of may 09 , went back to india during last week of May 2009 and returned in a month time (last week of June 09) with same L1 visa,
Now I have a valid I94 fo L1 until Feb 2010, also H1B I94 says valid until 2011 which I assume is no more valid due to re-entry on L1 n offcourse never having worked on H1b till date.
Now I would like to take up H1B in a month time, following are my questions
1. I assume that my employer need to apply for COS from L1-H1 now (form I-539) correct me if iam wrong,also is it legal to work while COS approval is in progress?
2. Is there a premium processing for COS? to make sure I get approval first and then start working,how long does it take to process premium and what is the typical time frame for normal one?
3. My family is back in India, are they legal to travel during my COS being in progress with necessary stamping ? This is in case iam legal to work while COS is in progress, or
you recommend me getting them before COS is initiated with there L2 visa n then apply COS for them too ? Risk here is if COS is not approved for some reasons everyone have to leave !
I could not work on H1b for some reasons, continued work on L1 until end of may 09 , went back to india during last week of May 2009 and returned in a month time (last week of June 09) with same L1 visa,
Now I have a valid I94 fo L1 until Feb 2010, also H1B I94 says valid until 2011 which I assume is no more valid due to re-entry on L1 n offcourse never having worked on H1b till date.
Now I would like to take up H1B in a month time, following are my questions
1. I assume that my employer need to apply for COS from L1-H1 now (form I-539) correct me if iam wrong,also is it legal to work while COS approval is in progress?
2. Is there a premium processing for COS? to make sure I get approval first and then start working,how long does it take to process premium and what is the typical time frame for normal one?
3. My family is back in India, are they legal to travel during my COS being in progress with necessary stamping ? This is in case iam legal to work while COS is in progress, or
you recommend me getting them before COS is initiated with there L2 visa n then apply COS for them too ? Risk here is if COS is not approved for some reasons everyone have to leave !
invincibleasian
02-21 12:26 AM
invincibleasian :
Could you please share your experience with FOIA application for I-140. Did you finally get the copy ?
Also, what all document you need to apply for it ?
I am planning to do that since my employer denied me for getting I-140 copy.
Appreciate your resposne.
Fill out the G-639 form and follow the instructions. Write a covering note clearly indicating the documents yu need and include information like lin numbers etc if available. get it notarized and mail it to the address in the instructions. yu recv a application recvd note within 20 buss days. this contains a number which you can use to track yur request. I am still waiting for my request to be completed since it has been placed on the complex track!
Could you please share your experience with FOIA application for I-140. Did you finally get the copy ?
Also, what all document you need to apply for it ?
I am planning to do that since my employer denied me for getting I-140 copy.
Appreciate your resposne.
Fill out the G-639 form and follow the instructions. Write a covering note clearly indicating the documents yu need and include information like lin numbers etc if available. get it notarized and mail it to the address in the instructions. yu recv a application recvd note within 20 buss days. this contains a number which you can use to track yur request. I am still waiting for my request to be completed since it has been placed on the complex track!
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jayleno
03-11 11:26 AM
Its 100% fraud and abuse. I'm suprised you even thought of asking about this. The answer is in your question.
I worked for an employer in WY 2004 as a physician and since then i resigned and moved onto another job with a new labor and I-140. However last year at the time of July isa bulletin fiasco, I asked my employer from WY in 2004 to file for an I-140 based on the previous approved labor condition in 2004 to retain that priority date under EB -2.
Employer knows I have no intent of joining them after the green card and I have my own practice , so i donot intend to join the practice.
In this scenario, if this considered a misuse of retaining priority date and how do i prove the intent and will the USCIS allow a situation like this?
I worked for an employer in WY 2004 as a physician and since then i resigned and moved onto another job with a new labor and I-140. However last year at the time of July isa bulletin fiasco, I asked my employer from WY in 2004 to file for an I-140 based on the previous approved labor condition in 2004 to retain that priority date under EB -2.
Employer knows I have no intent of joining them after the green card and I have my own practice , so i donot intend to join the practice.
In this scenario, if this considered a misuse of retaining priority date and how do i prove the intent and will the USCIS allow a situation like this?
tinku01
07-15 02:33 PM
please give yr priority date and any one has idea when consulate issues the date my PD is June'2004 EB2 and file is with delhi consulate from Oct'2007. Lets see what happens now.
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NKR
10-13 04:18 PM
Next time I'm thinking of going Tarzan style....
They take only finger prints.. ;)
They take only finger prints.. ;)
anantc
12-18 03:55 PM
Yes,
I would also like to the H3 and L1/B1-B2 processing from F1(OPT) for the intermediate period of OPT(May end) to H1 (Oct 1st).
Can anyone on this forum let me know what is the process & requirements for these to stay in US during those 4 months..
:confused: Thanks.:confused:
I would also like to the H3 and L1/B1-B2 processing from F1(OPT) for the intermediate period of OPT(May end) to H1 (Oct 1st).
Can anyone on this forum let me know what is the process & requirements for these to stay in US during those 4 months..
:confused: Thanks.:confused:
more...
softcrowd
02-17 09:46 AM
"U" does not mean quota is done for FY 08...it may be "U" becoz for those categoreis, quarterly quota exhausted....USCIS normally does not grab the entire FY's quota at one time...they do it quarterly basis.
Even i think definitely before Oct itself, EB2 India moves ahead.
Even i think definitely before Oct itself, EB2 India moves ahead.
xgoogle
08-20 01:52 PM
Yes even our received dates are different, mine was Sep 28 and my wife's was Sep 27. Receipt #s are SRC07285**** and SRC07284**** respectively.
For me and my spouse [derivative] only the last 2 digits differ. I got approved from TSC on 8/8/8 and received the card on 8/15/8. My spouses status still says:
Current Status: Case received and pending.
On September 28, 2007, we received this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS
PD: 3/3/6
For me and my spouse [derivative] only the last 2 digits differ. I got approved from TSC on 8/8/8 and received the card on 8/15/8. My spouses status still says:
Current Status: Case received and pending.
On September 28, 2007, we received this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS
PD: 3/3/6
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monkeyman
09-27 10:45 AM
Is there anyway we can help the family featured in this thread? Like helping them with funds to hire a good lawyer or something on those lines? Reading all the threads, I am somehow thinking of going for the Indian dream now (Yes, I have the Indian citizenship)!!! 6 years and my wife still does not know if she can live in this country or not!!!
vbkris77
04-22 11:20 PM
First of all, this is a wrong forum to went our your points about illegals.. We in IV encourage a legal immigration. But the moment we start excluding people, the list can go on and on.. You start with so called illegasl today (with due sympathy for using that word..), but this exclusion will go on to legals, new doctors, engineers willing to come, settle and work in USA. Remember this is a land of immigrants. If you have any doubt, just look at the new bills introduced by senators to effectively kill H1B program the only legal option for most educated to come to US.
Lets for instance say we want everyone to go back to their own countries.. Where do you want to draw that line to go back, 1980?, 1900? how about 1600??
Grow up and learn to innovate new ways to get employed and live a happy life. Don't try to ruin the very foundation on which this country is built. Trust me there are more patriots in this forum than you could imagine..
Lets for instance say we want everyone to go back to their own countries.. Where do you want to draw that line to go back, 1980?, 1900? how about 1600??
Grow up and learn to innovate new ways to get employed and live a happy life. Don't try to ruin the very foundation on which this country is built. Trust me there are more patriots in this forum than you could imagine..
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aknynd
05-21 01:12 PM
how to start a new thread?
alien2006
06-13 01:44 PM
My guess is you will be current in September 2006, may be October latest. But keep your fingers crossed. Logic does not apply too well with these things.
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scho69
01-02 11:45 AM
Is it BA with Mathematics (honors) or BSC. in Mathematics (honors). or does it say General?
swamy
06-08 07:16 PM
too farfetched? should we pursue it? a 10 year wait at the least given the current quota restrictions..
wandmaker
11-21 04:15 PM
cool_guy_onnet1: I assume you have not applied AOS (485) for your wife. You will not be able to do it until the PD become current. You should maintain your H1 status, so find a new H1 sponsoring employer and transfer your H1. Do not use your EAD/AP, it will void your H1 status and you guys will have to stay apart.
GCwaitforever
07-14 09:59 AM
If the provision to let people apply for I-485 without current PD passes, that takes away some pain related to waiting. Nobody can predict when EB3 will become current worldwide or country specific.
seahawks
06-27 03:02 PM
Check this forum (http://www.baraban.org/go/printthread.php?threadid=15493)
Question:Name misspelled on I-485 NOA
Yesterday we recieved 3 NOAs (for 130, 485, and 131) from USCIS, and unfortunately, most important (I-485) NOA misspelled my last name (while two other NOAs not). Nothing was misspelled on my application - I checked my copy.
On the NOA, USCIS wrote in bold: Please notify us immediately if any of the above is incorrect. Well, my last name is incorrect (twice). Unfortunately, USCIS didn't say how exactly I should notify them immediately.
So, what is the best way to correct this? Infopass? Or any good phone/fax numbers or email? We are in San Francisco.
Thank you.
Answer Yes, you can do it through INFOPASS or you can wait until your fingerprinting appointment which will happen shortly and do it at that time
An attorney has suggested them to take an infopass appt and I suggest you do the same
This is true since you haven't messed up and the USCIS did, in my case, the form that was filed had wrong information. There is no information in USCIS that tells us how we can correct it.
Question:Name misspelled on I-485 NOA
Yesterday we recieved 3 NOAs (for 130, 485, and 131) from USCIS, and unfortunately, most important (I-485) NOA misspelled my last name (while two other NOAs not). Nothing was misspelled on my application - I checked my copy.
On the NOA, USCIS wrote in bold: Please notify us immediately if any of the above is incorrect. Well, my last name is incorrect (twice). Unfortunately, USCIS didn't say how exactly I should notify them immediately.
So, what is the best way to correct this? Infopass? Or any good phone/fax numbers or email? We are in San Francisco.
Thank you.
Answer Yes, you can do it through INFOPASS or you can wait until your fingerprinting appointment which will happen shortly and do it at that time
An attorney has suggested them to take an infopass appt and I suggest you do the same
This is true since you haven't messed up and the USCIS did, in my case, the form that was filed had wrong information. There is no information in USCIS that tells us how we can correct it.
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