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sunil0617
06-17 05:26 PM
Hi,
I'm holding Bachelor's Degree from India and have 9 years of full time experience (6 years with previous employers + 3 years with current employer). Last year my employer initiated a process to file PERM. My employer had given all the specific details to our attorney firm to file my case in EB2. But our attorney screwed up everything and filed my case in EB3. My EB3 labor is approved (Section H, PERM job for Bachelors + 2 years of experience). I'm planning to file I140 with this EB3 PERM to facilitate my H1B extensions,etc.
Right now, my employer says that he can initiate another PERM with EB2 and later when we file I140 for the EB2 labor, we can make use of EB3's PD after its I140 approval. I understand that it has to be a different position for EB2. If we follow this case, at what stage I need to use my EB3's PD to port. I mean, do I need to have my EB3 I140 approved before filing EB2 PERM or have only when filing EB2 I140.
My another question is, how risky is this? I mean having applied for EB3 and EB2 from the same employer. What kinda repercussions we're heading into? What are the possiblities of getting audited for EB2 PERM ( I didn't get any audit for my EB3 PERM).
Do you think it's better to transfer visa to someone else after my EB3 I140's approval and start a fresh EB2 PERM from that employer?
I had gone thro a case study given in this forum but it's only after applying AOS(485). Mine is still at I140 stage.
Any input is welcome.
Thanks,
Sunil
I'm holding Bachelor's Degree from India and have 9 years of full time experience (6 years with previous employers + 3 years with current employer). Last year my employer initiated a process to file PERM. My employer had given all the specific details to our attorney firm to file my case in EB2. But our attorney screwed up everything and filed my case in EB3. My EB3 labor is approved (Section H, PERM job for Bachelors + 2 years of experience). I'm planning to file I140 with this EB3 PERM to facilitate my H1B extensions,etc.
Right now, my employer says that he can initiate another PERM with EB2 and later when we file I140 for the EB2 labor, we can make use of EB3's PD after its I140 approval. I understand that it has to be a different position for EB2. If we follow this case, at what stage I need to use my EB3's PD to port. I mean, do I need to have my EB3 I140 approved before filing EB2 PERM or have only when filing EB2 I140.
My another question is, how risky is this? I mean having applied for EB3 and EB2 from the same employer. What kinda repercussions we're heading into? What are the possiblities of getting audited for EB2 PERM ( I didn't get any audit for my EB3 PERM).
Do you think it's better to transfer visa to someone else after my EB3 I140's approval and start a fresh EB2 PERM from that employer?
I had gone thro a case study given in this forum but it's only after applying AOS(485). Mine is still at I140 stage.
Any input is welcome.
Thanks,
Sunil
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485Question
09-17 04:02 PM
:)
vedicman
01-20 12:43 PM
Nearly half of H1B visa holders from India: US report - The Economic Times (http://economictimes.indiatimes.com/news/news-by-industry/services/travel/visa-power/nearly-half-of-h1b-visa-holders-from-india-us-report/articleshow/7290694.cms)
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thomascannivady
07-17 06:00 PM
Please post their addresses on the Front page of IV so that all can send Thank you cards.
I certainly would like to send both of them cards.
I certainly would like to send both of them cards.
more...
ronhira
02-19 03:33 PM
when i saw the news last night..... it was pretty evident that this terrorist in austin, tx is anti taxes & anti government anti irs..... i thought tea party movement has found a hero..... the next thing news said - this terrorist was a software professional...... immediately i thought ..... he is going to be hero of anti immigrants like itgrunt.... who will attempt to associate h1b visa to the domestic terrorist....
guess what! surprise surprise..... today we can see itgrunt glorifying domestic terrorism.......
http://www.
when is fbi planning to arrest & question itgrunt......
guess what! surprise surprise..... today we can see itgrunt glorifying domestic terrorism.......
http://www.
when is fbi planning to arrest & question itgrunt......
cagedcactus
04-22 08:48 AM
The U.S. Citizenship and Immigration Services (USCIS) recently expanded the reinstatement of premium processing for I-140 petitions. This is a subtle change, still limiting I-140 premium processing to a small group of cases for which the I-140 approval is needed in order to obtain eligibility for additional H1B time. The change was effective March 2, 2009. The expansion includes individuals who have already reached the end of their six years in H1B status, who would be eligible for additional time upon the approval of the I-140 petition. This situation is explained here for MurthyDotCom and MurthyBulletin readers. Examples of options for individuals in H1B status are also provided.
========================
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I am sorry if I am not reading this right, but does it mean that a person on his 7th year H-1B can apply for pp? I am currently on 7nth year, and renewal is due before september. My I 140 is pending since July 2007, and no LUDs or updates. Am I elligible?
========================
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I am sorry if I am not reading this right, but does it mean that a person on his 7th year H-1B can apply for pp? I am currently on 7nth year, and renewal is due before september. My I 140 is pending since July 2007, and no LUDs or updates. Am I elligible?
more...
siddar
06-30 11:05 AM
Irrepsective of whether the new H1 is approved / rejected, you can always work for the Employer A, if the H1 is still valid.
If you use EAD, then your status would be "Adjustment of status" and if you use H1B, then your status is H1B. A person can be in one status, only one status, at any point of time while staying in the country.
I'm not a lawyer, please consult a lawyer for immigration matters.
If you use EAD, then your status would be "Adjustment of status" and if you use H1B, then your status is H1B. A person can be in one status, only one status, at any point of time while staying in the country.
I'm not a lawyer, please consult a lawyer for immigration matters.
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desidude
07-22 09:47 AM
My attorney asked me to put A# as N/A. I assume, N/A is applicable to all h1b holders. Make sure, you write the correct I-94#, otherwise they might reject/send back your application because of improper information. I think, it is not appropriate to give A# from your OPT card.
Hello,
I have a couple of questions here:
1) The last digit of the I-94# number is not very clear(Not sure if it is a 3 or 8). What do I write in the 485? Is there any way to find the correct one?
2) I filed the I140 without providing the A#. I understand that when I dont provide one, a new one is generated. And the A# is usually used to link the 485 with the 140. Now when I apply for 485, if I give the A# from my OPT EAD, will it be a problem because a new number will be already generated for I140? Should I write the A# in 485 or just leave it??
Thanks in advance for all the replies.
Hello,
I have a couple of questions here:
1) The last digit of the I-94# number is not very clear(Not sure if it is a 3 or 8). What do I write in the 485? Is there any way to find the correct one?
2) I filed the I140 without providing the A#. I understand that when I dont provide one, a new one is generated. And the A# is usually used to link the 485 with the 140. Now when I apply for 485, if I give the A# from my OPT EAD, will it be a problem because a new number will be already generated for I140? Should I write the A# in 485 or just leave it??
Thanks in advance for all the replies.
more...
kosars
09-12 09:44 PM
i had tb 5 years ago,and i am perfectly ok but in x-ray still has scars.what should i do?i have a lots of tention ?becoz in gc medical exam is compulsory .even though i am perfectly ok now still have scars.plz suggest me what should i do?
you probably will be refered for specialist evaluation and then cleared after that. donot worry, scars does not equate to acive TB.
you probably will be refered for specialist evaluation and then cleared after that. donot worry, scars does not equate to acive TB.
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roseball
02-11 05:32 PM
Hi everyone,
Today i got an alert form USCIS that the pending 485s (for my wife and myself) have been transferred from NSC to TSC. Wanted to see if others with 485s pending at NSC have seen similar action.
My priority date is Oct 2005 and my 485 has been pending at NSC since July 2007.
Since TSC is almost current in processing I-485 applications, it could be that NSC might be transferring some applications to lower their I-485 pending case load.
Today i got an alert form USCIS that the pending 485s (for my wife and myself) have been transferred from NSC to TSC. Wanted to see if others with 485s pending at NSC have seen similar action.
My priority date is Oct 2005 and my 485 has been pending at NSC since July 2007.
Since TSC is almost current in processing I-485 applications, it could be that NSC might be transferring some applications to lower their I-485 pending case load.
more...
check_name
07-24 07:33 PM
thank you very much for the info.
I will check Joe Hohenstein out to see whether he is interested in my case!
- Joe Hohenstein's Law Firm Orlow & Orlow is in Philadelphia, and typically represents clients
in the Northeast. Joe can take individual emails at joe@orlow.com;
because there may be a lot of emails, please allow for a delay in the
response. If the questions are get to be more detailed, he would talk
about treating them as an initial consultation, which is $100.
http://immigrationvoice.org/forum/showthread.php?t=1088
I will check Joe Hohenstein out to see whether he is interested in my case!
- Joe Hohenstein's Law Firm Orlow & Orlow is in Philadelphia, and typically represents clients
in the Northeast. Joe can take individual emails at joe@orlow.com;
because there may be a lot of emails, please allow for a delay in the
response. If the questions are get to be more detailed, he would talk
about treating them as an initial consultation, which is $100.
http://immigrationvoice.org/forum/showthread.php?t=1088
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deecha
07-16 04:05 PM
I believe USCIS has a confidentiality agreement with their employees and you donot want him to lose his job.
-C.
It was worth a try. Oh well !
-C.
It was worth a try. Oh well !
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uslegals
11-04 09:10 AM
Did u take Infopass appt. for EAD & AP together...? On the infopass form once fill only one receipt # right..?? My application was recd. by USCIS on 7/7...90 days is from recd. date...isn't it..? and not Notice date.? 90 days will be up for me by tomorrow 11/5..I still have no EAD & AP..! Can i take EAD & AP appt. together on same day for Infopass.? Or should i call USCIS reg. my case...Thanks..!!
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neelu
09-15 03:32 AM
Hello,
I apologize in advance, if I should have posted in a different thread - if so please let me know and I can post there (and admins can delete this one).
My priority date from Perm is Feb 2006. But I have an earlier priority date of Jan 2005 (I-140 approved). I dont know if that earlier date has been applied to my I-485 (which is based on the Perm labor). My case is in NSC.
After seeing the October VB (acc to which my RIR PD becomes current in Oct), I opened an SR to see if they interfiled my two cases. I got a letter in the mail from USCIS, but no reponse in it to my question. Instead it states the following:
"The status of this service request is:
Your case is currently being prepared for review. If further information is needed, you will be contacted. Continue to check the USCIS website for case status updates."
A few questions:
1) What does "being prepared for review" mean? Should I expect more RFEs? We had responded to Medical RFEs in April this year.
2) How can I make sure that my two cases are combined?
3) Is there any preparatory action I can take before October 1st?
I would appreciate your comments and advice on the above.
Thank you in advance.
I apologize in advance, if I should have posted in a different thread - if so please let me know and I can post there (and admins can delete this one).
My priority date from Perm is Feb 2006. But I have an earlier priority date of Jan 2005 (I-140 approved). I dont know if that earlier date has been applied to my I-485 (which is based on the Perm labor). My case is in NSC.
After seeing the October VB (acc to which my RIR PD becomes current in Oct), I opened an SR to see if they interfiled my two cases. I got a letter in the mail from USCIS, but no reponse in it to my question. Instead it states the following:
"The status of this service request is:
Your case is currently being prepared for review. If further information is needed, you will be contacted. Continue to check the USCIS website for case status updates."
A few questions:
1) What does "being prepared for review" mean? Should I expect more RFEs? We had responded to Medical RFEs in April this year.
2) How can I make sure that my two cases are combined?
3) Is there any preparatory action I can take before October 1st?
I would appreciate your comments and advice on the above.
Thank you in advance.
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softcrowd
03-11 10:31 AM
PD Transfer can even be done @ i-485 stage too, but that's not as straight a process as porting it at the I-140 stage. But technically, it can be done at I-485 too.
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apahilaj
09-12 03:28 PM
Does anyone know what time it may take for FP notices to arrive for guys whose cases were Xfered to CSC?
BTW, does that make any difference if the 485 case has been transferred from another center to TSC? majority of guys who've got the FP notice are straight filters at TSC.
BTW, does that make any difference if the 485 case has been transferred from another center to TSC? majority of guys who've got the FP notice are straight filters at TSC.
more...
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abracadabra102
08-27 06:07 PM
but if i go through a regular divorce process is that okay for the USCIS?
You are not getting it. If you file for divorce, your spouse won't get GC, whichever way you want to twist it.
You are not getting it. If you file for divorce, your spouse won't get GC, whichever way you want to twist it.
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aperregatturv
10-26 03:40 PM
My lawyer is saying you need a valid reason to apply. My wife wants to visit India when i asked he said you cannot apply AP for visiting purpose, you need a valid reason to apply and a letter or wedding invitation to apply.
what shall I do?:confused:
what shall I do?:confused:
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ksach
03-07 04:43 PM
In my experience, it is not required if your are still within the expiry date on the previous stamping and the previous stamping was for a H1-B. You just need to show the latest 797 ( h1-b approval) . I have used this feature many times, and have even changed two employers in between. Never had a problem, except once while coming back from Canada. The immigration officer was new and hence went and asked her superior who said it is no problem. I was let thru with not problems after that. I never had a problem in SFO, thru which i travel frequently.
I think i saw a FAQ for this on murthy.com . check that site as well.
In the end, I am not an attorney, so dont legally hold me to my response. consult your attorney.
I think i saw a FAQ for this on murthy.com . check that site as well.
In the end, I am not an attorney, so dont legally hold me to my response. consult your attorney.
grimreaper
08-03 03:50 PM
Looks like the senator's office replied without going through the message properly. Just a political ploy for blindsiding the issue by bringing irrelavent topic into discussion. The message was about S.A 4319, the Senator talked about S.887
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.