WaldenPond
12-31 08:31 AM
As per the current procedure, we can file I-140 and I-485 at the same time provided I-485 date is current or the date of the category that we fall in is after our PD.
I do not remember the clause after approval of I-140. But it would definitely help lot of us to be able to file I-485 irrespective of the fact if visa number is available or not. As per the current procedure, one can file I-485 and get approved for I-485 only when I-485 number is available. I think this just causes confusion. It will make lot more sense if filing of I-485 is not related to PD even though approval of I-485 may still be linked to PD. Maybe we could include this as one of our agenda.
I do not remember the clause after approval of I-140. But it would definitely help lot of us to be able to file I-485 irrespective of the fact if visa number is available or not. As per the current procedure, one can file I-485 and get approved for I-485 only when I-485 number is available. I think this just causes confusion. It will make lot more sense if filing of I-485 is not related to PD even though approval of I-485 may still be linked to PD. Maybe we could include this as one of our agenda.
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myvoice23
08-11 11:06 PM
On Aug 7th I recd. the following email:-
Application Type: I485, APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS
Current Status: Notice mailed welcoming the new permanent resident.
"On Aug 7, 2008, we mailed you a notice that we had registered this customer's new permanent resident status. Please follow any instructions on the notice. Your new permanent resident card should be mailed within 60 days following this registration or after you complete any ADIT processing referred to in the welcome notice, whichever is later. If you move before you get your new card call customer service. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register."
On Aug 8th I recd. the following email:-
Application Type: I485, APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS
Current Status: Card production ordered.
On August 7, 2008, we ordered production of your new card. Please allow 30 days for your card to be mailed to you. If we need something from you we will contact you. If you move before you receive the card, call customer service. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register.
Today (Aug 11, 2008) I recd. Approval Notice (797-C). Still waiting for cards.
Application Type: I485, APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS
Current Status: Notice mailed welcoming the new permanent resident.
"On Aug 7, 2008, we mailed you a notice that we had registered this customer's new permanent resident status. Please follow any instructions on the notice. Your new permanent resident card should be mailed within 60 days following this registration or after you complete any ADIT processing referred to in the welcome notice, whichever is later. If you move before you get your new card call customer service. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register."
On Aug 8th I recd. the following email:-
Application Type: I485, APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS
Current Status: Card production ordered.
On August 7, 2008, we ordered production of your new card. Please allow 30 days for your card to be mailed to you. If we need something from you we will contact you. If you move before you receive the card, call customer service. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register.
Today (Aug 11, 2008) I recd. Approval Notice (797-C). Still waiting for cards.
my2cents
09-12 04:27 PM
Hi Fellow Friends,
Following are case status
PD Oct 2002
EB3 India
I140 AD Oct 2004
I485 ND Oct 2004
Working on 5th EAD.
Thanks for the info. Based on my case status and my PD would you say this portability as a good option or just wait and watch.
Please Advice
Thanks Again
Assuming no bill passes, ur PD should be current in 1.5 to 2 years. ( just My guess )
Any kind of Labor and I-140 process will take 1.5 years assuming no audit + $5K in attorney expense.
May not be good choice..
Following are case status
PD Oct 2002
EB3 India
I140 AD Oct 2004
I485 ND Oct 2004
Working on 5th EAD.
Thanks for the info. Based on my case status and my PD would you say this portability as a good option or just wait and watch.
Please Advice
Thanks Again
Assuming no bill passes, ur PD should be current in 1.5 to 2 years. ( just My guess )
Any kind of Labor and I-140 process will take 1.5 years assuming no audit + $5K in attorney expense.
May not be good choice..
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GreenLantern
05-07 06:28 PM
get it? Grandma-ul? baahahahah
more...
prem_goel
10-02 05:30 PM
sent e-mail requesting her to bring this to vote!
myvoice23
08-12 06:26 AM
08/04:CPO
08/05:Welcome notice mailed
08/06:Soft LUD
08/08:Approval notice sent
No updates or any card/mail by USPS yet.
quick question guys. Is it Welcome Notice is different than Approval Notice. So everybody gets Welcome Notice, Approval Notice, and Cards. It is true?
I am kinda confused what is this Welcome Notice, Approval Notice.
If anyone clarifies me.
Thanks.
08/05:Welcome notice mailed
08/06:Soft LUD
08/08:Approval notice sent
No updates or any card/mail by USPS yet.
quick question guys. Is it Welcome Notice is different than Approval Notice. So everybody gets Welcome Notice, Approval Notice, and Cards. It is true?
I am kinda confused what is this Welcome Notice, Approval Notice.
If anyone clarifies me.
Thanks.
more...
shanti
07-28 03:37 PM
My question was replied in a very clear way by Sonal L. Mehta Verma and I (because of my lack of knowledge) still have some doubts.
My situation in a nutshell is: I am about to start my 7th year H-1B, my 45 day letter EB3 RIR was replied three months ago and I want to use EB2 because in worldwide is current so that I could file I-485 not too long after filing for PERM EB2.
Now EB3' I-485s are being accepted for PDs of Oct 2001 so with my PD of Feb 2005 I expect my I-485 to be filed end of 2009/ or start of 2010. I am decided to refile EB2 so my question at the Conference call was, (in case my employer is ready to spend time with the newspaper ads and filling the forms) if it was convenient to refile paralelly to my EB3 process another EB2 PERM or it was better to wait that I-140 is filed and approved and then restart with PERM EB2. The answer was that I should first get my Labor approved (EB3 Dallas BEC) then apply for I-140 and after I-140 is approved (and while I wait forever for the I-485 turn) to file at this point for EB2 PERM with a new labor and once it is approved I file for a new I-140 recapturing my PD of Feb 2005.
Now comes what I do not know about the process, when do I ask to recapture my PD of Feb 2005? The moment I file the second I-140? (at that time I plan to file concurrently I-485) or do I mention that at the I-485 filing? or do I mention taht while filing labor certificate under PERM EB2?
My immigration lawyer says that he filed EB3 because my position didn't require extensive experience but since I was promoted this year to a managerial position he says that now it fits BUT I cannot recapture the EB3 original priority date with the new EB2 PERM because my position description has changed! He explained that it is not possible to recapture a priority date for a different position which requires more years of experience when the original priority date required less experience and wasn't managerial (is this true? :rolleyes: )
My situation in a nutshell is: I am about to start my 7th year H-1B, my 45 day letter EB3 RIR was replied three months ago and I want to use EB2 because in worldwide is current so that I could file I-485 not too long after filing for PERM EB2.
Now EB3' I-485s are being accepted for PDs of Oct 2001 so with my PD of Feb 2005 I expect my I-485 to be filed end of 2009/ or start of 2010. I am decided to refile EB2 so my question at the Conference call was, (in case my employer is ready to spend time with the newspaper ads and filling the forms) if it was convenient to refile paralelly to my EB3 process another EB2 PERM or it was better to wait that I-140 is filed and approved and then restart with PERM EB2. The answer was that I should first get my Labor approved (EB3 Dallas BEC) then apply for I-140 and after I-140 is approved (and while I wait forever for the I-485 turn) to file at this point for EB2 PERM with a new labor and once it is approved I file for a new I-140 recapturing my PD of Feb 2005.
Now comes what I do not know about the process, when do I ask to recapture my PD of Feb 2005? The moment I file the second I-140? (at that time I plan to file concurrently I-485) or do I mention that at the I-485 filing? or do I mention taht while filing labor certificate under PERM EB2?
My immigration lawyer says that he filed EB3 because my position didn't require extensive experience but since I was promoted this year to a managerial position he says that now it fits BUT I cannot recapture the EB3 original priority date with the new EB2 PERM because my position description has changed! He explained that it is not possible to recapture a priority date for a different position which requires more years of experience when the original priority date required less experience and wasn't managerial (is this true? :rolleyes: )
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subba
04-05 07:35 AM
Hello all,
After working for 2 big companies for about 8 years, I am considering joining a startup.
Am currently in the 7th year of H1B, but have another 3 year extension (based on i140 approval - PD 12/05 ) stamped in my passport.
Am trying to understand any risks involved in joining a startup from a immigration status point of view.
I think my H1 can be transferred.
I have a copy of my I140 approval so am hoping I will be able to port my PD.
But in general, what are the ther issues/risks/concerns I should be aware of?
Thanks in advance for your inputs.
Regards,
Subba
After working for 2 big companies for about 8 years, I am considering joining a startup.
Am currently in the 7th year of H1B, but have another 3 year extension (based on i140 approval - PD 12/05 ) stamped in my passport.
Am trying to understand any risks involved in joining a startup from a immigration status point of view.
I think my H1 can be transferred.
I have a copy of my I140 approval so am hoping I will be able to port my PD.
But in general, what are the ther issues/risks/concerns I should be aware of?
Thanks in advance for your inputs.
Regards,
Subba
more...
Frederic
08-13 01:30 PM
Congrats and good luck.
Best Regards
Fred
Best Regards
Fred
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krishnam70
05-04 07:50 PM
I just transferred my H-1B to my new employer and now in the process of filing PERM.
However, the owner of the company does not want to give a copy of the company's ITR or any Financial Statement for any reason. And he sticks to his statement very strongly.
My question is, do I have a chance of getting a green card without the company's ITR/FS being submitted?
For now, I just told my paralegal to put the PERM filiing on-hold while I ask others who may have experience in this. I'm worried that I will just waste time and money for this and get denied in the end. Should I find another willing employer?
No. of employees in our company is around 50+.
Any comment will be appreciated. Thanks.
your petition if he is not willing to provide Financial information? Your petition will be denied( I-140 level) if he does not prove he has the funds to provide for your salary. You might want to highlight this or find a new employer..
- cheers
kris
However, the owner of the company does not want to give a copy of the company's ITR or any Financial Statement for any reason. And he sticks to his statement very strongly.
My question is, do I have a chance of getting a green card without the company's ITR/FS being submitted?
For now, I just told my paralegal to put the PERM filiing on-hold while I ask others who may have experience in this. I'm worried that I will just waste time and money for this and get denied in the end. Should I find another willing employer?
No. of employees in our company is around 50+.
Any comment will be appreciated. Thanks.
your petition if he is not willing to provide Financial information? Your petition will be denied( I-140 level) if he does not prove he has the funds to provide for your salary. You might want to highlight this or find a new employer..
- cheers
kris
more...
jthomas
03-07 12:41 AM
join the group http://groups.google.com/group/ivjobhunters
and post your qualifications or the job you are looking for, which state or nationwide.
Other members please help, post any jobs you know.
There is a yahoo group for software programmers, the name is kitlist (not very sure). A lot of software engineers found job through that.
Best of luck in your search and hope you find some job soon.
J Thomas
and post your qualifications or the job you are looking for, which state or nationwide.
Other members please help, post any jobs you know.
There is a yahoo group for software programmers, the name is kitlist (not very sure). A lot of software engineers found job through that.
Best of luck in your search and hope you find some job soon.
J Thomas
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chanduv23
09-24 07:47 AM
It is very essential that this thread stays on top. We need atleast 5000 diggs of these articles.
Come on folks, digging does not cost any money or effort, it is just a few button clicks and navigation.
Lets digg these articles out so that they are exposed
Come on folks, digging does not cost any money or effort, it is just a few button clicks and navigation.
Lets digg these articles out so that they are exposed
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admin
08-22 12:48 AM
Everyone please try to be civil in all of your conversations. If you think you can't get your point across without insulting some one, this forum is not for you.
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copsmart
02-22 04:12 PM
Your spouse is currently on H1, however, she is not considered as out-of-status because of her pending AOS.
H4 is not an option for her, since she is planning to look for a job. She can legally stay in this country and look for a job after receiving her EAD.
The only catch here is your concurrently filed I-140. If the pending I-140 is denied for any given reason, then you will be okay because of your H1, however she will be out-of-status at that point. So, she may have to go back to home country and apply for a new H4.
I hope you have a better understanding of AC21 provision. The reason I�m saying this is because, it is not advisable to change jobs before I-140 is approved, even you have crossed the 180 day mark.
BTW, I would consult an immigration Attorney to make sure your spouse status is legal.
We have filed our I-485, I-765 (EAD) and I-131 (Travel Document) petitions along with my I-140 petition in August'07. Since my I-140 was pending and I switched my employer (by transfering my H1-B) after 180 days of our filing, we did not use our EAD's. My new employer has also applied for my spouse's H-4 extension which is valid till April 2011.
The EAD's and the Travel Document's that we received intitially have expired late last year and we have also not renewed them since my I-140 petition was pending and were not sure about the out come. Since, we were not planning to use our EAD's until my I-140 petition got apprvoved, my spouse was searching for jobs with a precondition that her potential employer should file for her H-1b petition. She found a boutique firm that was willing to do her H-1b because she had some good experience back in India. They told her that they would find projects for her and place her at their client locations. The only pre-condition they mentioned was that they would start paying her only after she gets placed on her first assignment. We thought it was ok because they had large client base. They have applied for her H-1b visa during last year's H-1b quota in April'08. Her petition got approved with a start date of October 1st 2008.
Since her parents were in US and my job required travel, she told them that she could not start until December and checked with them if that was ok. They were ok with it then. But after December, since the market went down, her employer was not able to find her any projects. They called her recently and told her that they were planning to with draw her H-1b petition.
She had not signed a single document with her employer so far. She had forwarded her passport copies along with her previous experience certificates and her degree certificates to the boutique firm in order for them to file her H-1b petition. She has not even signed the I-9 form with them.
With all this that had happened so far, I have a few questions regarding her current status. Is she still considered to be on H-4 status because she had not signed any forms with the firm that sponsered her H-1b and not even got paid once? Or is she in H-1b status from October-1st 2008? If she is in H-1b status and she did not get paid even once.. does it make her out of status? Also, please note that her I-485 petition is still pending with TSC which would also have her in adjustment status.
Would there be a problem if her firm withdraws her H-1b petition? What happens to her status if they withdraw her petition. Do we need to file for her change of status again to H-4 to ensure that there are no issues with her status or is it not necessary as she had actually did not start with the new employer.
A friend of mine had suggested to go out of the country and comeback using her h-4 visa to ensure that she is back on H-4 visa but her current visa has expired in her passport although she has H-4 valid till April 2011. So going out of the country and coming back on H-4 is not an option.
We are now planning to apply for our EAD's amd Travel Document's because of all this and she is planning to search for job openings using her EAD. Also, she is planning to go out of the country and come back using Advance parole after her I-131 gets approved.
Please advise!
Sinha
H4 is not an option for her, since she is planning to look for a job. She can legally stay in this country and look for a job after receiving her EAD.
The only catch here is your concurrently filed I-140. If the pending I-140 is denied for any given reason, then you will be okay because of your H1, however she will be out-of-status at that point. So, she may have to go back to home country and apply for a new H4.
I hope you have a better understanding of AC21 provision. The reason I�m saying this is because, it is not advisable to change jobs before I-140 is approved, even you have crossed the 180 day mark.
BTW, I would consult an immigration Attorney to make sure your spouse status is legal.
We have filed our I-485, I-765 (EAD) and I-131 (Travel Document) petitions along with my I-140 petition in August'07. Since my I-140 was pending and I switched my employer (by transfering my H1-B) after 180 days of our filing, we did not use our EAD's. My new employer has also applied for my spouse's H-4 extension which is valid till April 2011.
The EAD's and the Travel Document's that we received intitially have expired late last year and we have also not renewed them since my I-140 petition was pending and were not sure about the out come. Since, we were not planning to use our EAD's until my I-140 petition got apprvoved, my spouse was searching for jobs with a precondition that her potential employer should file for her H-1b petition. She found a boutique firm that was willing to do her H-1b because she had some good experience back in India. They told her that they would find projects for her and place her at their client locations. The only pre-condition they mentioned was that they would start paying her only after she gets placed on her first assignment. We thought it was ok because they had large client base. They have applied for her H-1b visa during last year's H-1b quota in April'08. Her petition got approved with a start date of October 1st 2008.
Since her parents were in US and my job required travel, she told them that she could not start until December and checked with them if that was ok. They were ok with it then. But after December, since the market went down, her employer was not able to find her any projects. They called her recently and told her that they were planning to with draw her H-1b petition.
She had not signed a single document with her employer so far. She had forwarded her passport copies along with her previous experience certificates and her degree certificates to the boutique firm in order for them to file her H-1b petition. She has not even signed the I-9 form with them.
With all this that had happened so far, I have a few questions regarding her current status. Is she still considered to be on H-4 status because she had not signed any forms with the firm that sponsered her H-1b and not even got paid once? Or is she in H-1b status from October-1st 2008? If she is in H-1b status and she did not get paid even once.. does it make her out of status? Also, please note that her I-485 petition is still pending with TSC which would also have her in adjustment status.
Would there be a problem if her firm withdraws her H-1b petition? What happens to her status if they withdraw her petition. Do we need to file for her change of status again to H-4 to ensure that there are no issues with her status or is it not necessary as she had actually did not start with the new employer.
A friend of mine had suggested to go out of the country and comeback using her h-4 visa to ensure that she is back on H-4 visa but her current visa has expired in her passport although she has H-4 valid till April 2011. So going out of the country and coming back on H-4 is not an option.
We are now planning to apply for our EAD's amd Travel Document's because of all this and she is planning to search for job openings using her EAD. Also, she is planning to go out of the country and come back using Advance parole after her I-131 gets approved.
Please advise!
Sinha
more...
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Honda
08-19 08:30 PM
I did some analysis for EB2 and EB3 India using as well as IV data. It provides a rough estimate of the approved and pending 485 applicants for India.
Reading through the excel sheets, you can easily understand what approach I have used to come up with these numbers. Of course, I have made a lots of assumptions and the analysis may not be correct. I did it anyway :) .
Here are the links:
For EB2:
http://spreadsheets.google.com/ccc?key=0AvK4GEQtIPLqdFJ5VXFOeFNJSzcxSE40Um1nQXZlQ mc&hl=en
For EB3:
http://spreadsheets.google.com/ccc?key=0AvK4GEQtIPLqdE5sQ2prMXIwaVR4ejZzWlRUemtRU 0E&hl=en
Based on your spreadsheet India EB3 might take to cleared everything for next 15 to 20 years.
Reading through the excel sheets, you can easily understand what approach I have used to come up with these numbers. Of course, I have made a lots of assumptions and the analysis may not be correct. I did it anyway :) .
Here are the links:
For EB2:
http://spreadsheets.google.com/ccc?key=0AvK4GEQtIPLqdFJ5VXFOeFNJSzcxSE40Um1nQXZlQ mc&hl=en
For EB3:
http://spreadsheets.google.com/ccc?key=0AvK4GEQtIPLqdE5sQ2prMXIwaVR4ejZzWlRUemtRU 0E&hl=en
Based on your spreadsheet India EB3 might take to cleared everything for next 15 to 20 years.
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WeShallOvercome
07-12 12:19 PM
Even if they have visa numbers, they do not need to make the dates current. They can move them back before the dates where at May bulletinn and get the required numbers. That what is going to happen. they are going to cover their position with a new bulletinn having retrogression of dates. That seems to be the win-win situation for USICIS and DOL and not to say 'lose' situation for us.
I don't think they will go back to May bulletin(If you mean the one released in April). They moved the dates forward only because they did not have enough 'approvable' cases upto those dates to be able to consume all visa numbers. They (DOS, not USCIS) also have to make sure visa numbers are not wasted. So I'm expecting the new bulletin to be similar to the June Bulletin with a little variation.(Assuming the news of visa numbers being returned is true)
I don't think they will go back to May bulletin(If you mean the one released in April). They moved the dates forward only because they did not have enough 'approvable' cases upto those dates to be able to consume all visa numbers. They (DOS, not USCIS) also have to make sure visa numbers are not wasted. So I'm expecting the new bulletin to be similar to the June Bulletin with a little variation.(Assuming the news of visa numbers being returned is true)
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another one
11-19 03:18 PM
I think the cartoon is good attempt. My suggestion would be revise it little so that our message is more clear.
1. Have two pipelines coming out. One with an outlet in US, and the other with outlets in other parts of the world.
2. Have someone, representing US congress, inadvertently put their feet on the pipeline that has it's outlet in US. Make this pipeline appear clogged because of the weight of the feet.
1. Have two pipelines coming out. One with an outlet in US, and the other with outlets in other parts of the world.
2. Have someone, representing US congress, inadvertently put their feet on the pipeline that has it's outlet in US. Make this pipeline appear clogged because of the weight of the feet.
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vali
03-15 01:27 PM
Mine took exactly 2 weeks with $1000.00 "premium processing". Otherwise I understood will be 4-5 months.
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vin13
06-02 09:13 AM
Please PM me if anyone needs help to fly using miles or need hotel room for the DC visit.
Do not forget to include your name and contact phone number. I have got requests without any contact details. I cannot proceed without having a phone number to call.
Again, thanks to all who have volunteered to donate their miles. We will verify the receipient is using the miles for the DC visit.
Do not forget to include your name and contact phone number. I have got requests without any contact details. I cannot proceed without having a phone number to call.
Again, thanks to all who have volunteered to donate their miles. We will verify the receipient is using the miles for the DC visit.
dreamgc_real
04-27 09:43 AM
Stewart Hammers Arizona Lawmakers For Immigration Bill (VIDEO) (http://www.huffingtonpost.com/2010/04/27/stewart-hammers-arizona-f_n_553157.html)
They are looking for suspicious people working in the yards and burping the white kids
They are looking for suspicious people working in the yards and burping the white kids
GCard_Dream
04-26 12:29 AM
why paypal ? I am sure he takes payment through credit cards. Just give him your credit card number :D . It would be even better if you can just post the number here in this forum..... ;)
Good Stress Reliever. Should paypal you money for the entertainment ;-)
ahhhh - wake up buddy - resist :-)
Good Stress Reliever. Should paypal you money for the entertainment ;-)
ahhhh - wake up buddy - resist :-)
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