andy garcia
05-22 05:11 PM
Hello
I am a physician who is doing his residency on H1b. My wife has applied for green card with a priority date 4/2004 (employment based category 3). I have applied for my green card with her. Now we are in I 485 stage.
NOw that the way dates are progressing it seems it will take a while for her date to become current for EB3. I was wondering if I apply for green card when I finish my residency, can I recapture the priority date?
I'd appreciate your help. Thank you
can I recapture the priority date?
NO
PD are attached to either a Labor Certification or a I-140. It has to be your own LC or 140 in order to transfer the PD.
I am a physician who is doing his residency on H1b. My wife has applied for green card with a priority date 4/2004 (employment based category 3). I have applied for my green card with her. Now we are in I 485 stage.
NOw that the way dates are progressing it seems it will take a while for her date to become current for EB3. I was wondering if I apply for green card when I finish my residency, can I recapture the priority date?
I'd appreciate your help. Thank you
can I recapture the priority date?
NO
PD are attached to either a Labor Certification or a I-140. It has to be your own LC or 140 in order to transfer the PD.
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engineer
08-22 04:39 PM
I have whole study..where should I upload it...
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ek_bechara
03-25 06:23 PM
Its an old rule.
Next will be electronic monitoring. No more strip clubs guys.. no more.
Next will be electronic monitoring. No more strip clubs guys.. no more.
more...
GiveMeReds
11-20 04:36 PM
My company had promised that they would start my GC processing once I complete a year which was in March 2009. Since then they have been going back and forth with the lawyers writing the job description to post the job ad.
The lawyer tells us that the department of labour has tightened up the process and so the job description needs to be very generic with minimum number of years of experience(2 for a sr. software engineer) and this has caused a lot of controversy that this will cause an audit and so on and forth.
I am sure there are many other people out there who are applying even now. I do not know if its the lawyer or the company that is causing an issue here.
My only option would be to search for another job who will do my GC. But i dont have so much time left for all that.
What can i do?
Hey - I called up your lawyer and company - they both agree that you are not worth to file for GC
The lawyer tells us that the department of labour has tightened up the process and so the job description needs to be very generic with minimum number of years of experience(2 for a sr. software engineer) and this has caused a lot of controversy that this will cause an audit and so on and forth.
I am sure there are many other people out there who are applying even now. I do not know if its the lawyer or the company that is causing an issue here.
My only option would be to search for another job who will do my GC. But i dont have so much time left for all that.
What can i do?
Hey - I called up your lawyer and company - they both agree that you are not worth to file for GC
hetuweb
01-25 08:23 PM
This is my situation friends.
- My I-140 approved in January 2007 and I-485 filed in July 2007
- Me and my wife has EAD + Advance Parole (AP) + Finger print done.
- We decided to go back to India
- I will come for 3 months every year and other 9 months, I will work from India for the same employer, the same work-outsourcing work.
- I will be continued on Payroll of my present employer in future too.
- I came on visitor visa in 2001 and then converted into H-1b visa and then never go to India till today.
- Now I am on H-1b extension on 7th year (3 yr. extension up to year 2010 on basis of approved I-140)
- I will get H-1b visa stamp up to year 2010 from Mumbai, so can I come to USA on H-1b visa stamp after conversion of ADJUSTMENT OF STATUS (AOS) TO CONSULAR PROCESSING (CP)? (my present AP will be expired at that time when I come to USA)
- Now what can I do? Should I TRANSFER FROM �Adjustment Of Status (AOS) TO Consular Processing (CP)� or continue on AOS? What is better and advisable for me?
- Can I get Advance Parole (AP) from India after Consular Processing conversion?
- To convert from AOS to CP, can I have to be in USA or I can do from India also?
Your help in this matter will be highly appreciated as I am going very soon.
Thanks in advance to all of you friends.
- My I-140 approved in January 2007 and I-485 filed in July 2007
- Me and my wife has EAD + Advance Parole (AP) + Finger print done.
- We decided to go back to India
- I will come for 3 months every year and other 9 months, I will work from India for the same employer, the same work-outsourcing work.
- I will be continued on Payroll of my present employer in future too.
- I came on visitor visa in 2001 and then converted into H-1b visa and then never go to India till today.
- Now I am on H-1b extension on 7th year (3 yr. extension up to year 2010 on basis of approved I-140)
- I will get H-1b visa stamp up to year 2010 from Mumbai, so can I come to USA on H-1b visa stamp after conversion of ADJUSTMENT OF STATUS (AOS) TO CONSULAR PROCESSING (CP)? (my present AP will be expired at that time when I come to USA)
- Now what can I do? Should I TRANSFER FROM �Adjustment Of Status (AOS) TO Consular Processing (CP)� or continue on AOS? What is better and advisable for me?
- Can I get Advance Parole (AP) from India after Consular Processing conversion?
- To convert from AOS to CP, can I have to be in USA or I can do from India also?
Your help in this matter will be highly appreciated as I am going very soon.
Thanks in advance to all of you friends.
more...
Tigran78
03-11 03:12 PM
Thanks for replying i am really appreciated I know about GC but it will take about 8 month.
I will start process soon.
But I want this happen earlier.
I need some advice what i can do to convince US embassy to approve her visa for now.
I will start process soon.
But I want this happen earlier.
I need some advice what i can do to convince US embassy to approve her visa for now.
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zCool
04-02 01:47 PM
Nothing written in stone but from anecdotal evidence.. NO
They process 485s according to RD.
Approval only comes after PD is current though
They process 485s according to RD.
Approval only comes after PD is current though
more...
rajenk
04-02 02:10 PM
I did it online on 3/21/09 and got approved for me and my wife on 3/31/09. 10 days total turn around! I was amazed to see USCIS's efficiency on cases filed online. I heard the opposite that if you file online it was taking long time. Mine was at NSC
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lifesucksinUS
07-22 09:05 AM
Yes.I too agree with u.
more...
pod1
10-21 12:42 AM
I am in 6th year of my H1B. It is expiring in Aug 2011.
Here are some details:
- My I-140 is approved with a priority date of Aug 2006 under EB2-India.
- I did not apply for I-485 so I do not have a EAD.
- My wife is also on H1B which expires in Aug 2012.
Here are my questions:
1) If I apply for H1B extension in July 2011 under regular processing and assuming it takes 4-5 months for USCIS to process the application, can I still continue to work? For how many days can I work if visa renewal is still in processing after the visa has expired.
2) If I get a denial of H1B extension do I become out of status from the date of denial or from the day H1B got expired?
3) If I get a denial of H1B extension can I immediately apply for H4 as a dependent to my wife's visa without any issues?
4) If I get a denial of H1B extension, what happens to my I-140? Is it automatically invalid?
5) If I do convert to H4 status and my priority date becomes current can I apply for I-485?
Here are some details:
- My I-140 is approved with a priority date of Aug 2006 under EB2-India.
- I did not apply for I-485 so I do not have a EAD.
- My wife is also on H1B which expires in Aug 2012.
Here are my questions:
1) If I apply for H1B extension in July 2011 under regular processing and assuming it takes 4-5 months for USCIS to process the application, can I still continue to work? For how many days can I work if visa renewal is still in processing after the visa has expired.
2) If I get a denial of H1B extension do I become out of status from the date of denial or from the day H1B got expired?
3) If I get a denial of H1B extension can I immediately apply for H4 as a dependent to my wife's visa without any issues?
4) If I get a denial of H1B extension, what happens to my I-140? Is it automatically invalid?
5) If I do convert to H4 status and my priority date becomes current can I apply for I-485?
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ras
06-30 06:28 PM
Here is a memo from one of the law firms, I found on the net.
http://www.michaelpiston.net/documents/m/changing%20employer%20after%20I-485%20is%20approved.pdf
After digging thro' forums it seems everyone talks about having the "intention" of staying with the Employer after GC.
Here's my question.
- Should the "intention" be on the day of filing 485 or the day you get GC ? (a date in future that no one can predict).
If the "intention" has to be at the time of 485 filing then, after 180 days of filing 485 one should be able to change employers, irrespective of the case being approved or NOT.
thoughts/comments ??
Logically speaking it should be while filing the petition not while getting the GC approved. All in all you should portray an intention of joining in your activities through your GC process. However, if your position warrants a shift and you can justify it, I guess you are good to go.
http://www.michaelpiston.net/documents/m/changing%20employer%20after%20I-485%20is%20approved.pdf
After digging thro' forums it seems everyone talks about having the "intention" of staying with the Employer after GC.
Here's my question.
- Should the "intention" be on the day of filing 485 or the day you get GC ? (a date in future that no one can predict).
If the "intention" has to be at the time of 485 filing then, after 180 days of filing 485 one should be able to change employers, irrespective of the case being approved or NOT.
thoughts/comments ??
Logically speaking it should be while filing the petition not while getting the GC approved. All in all you should portray an intention of joining in your activities through your GC process. However, if your position warrants a shift and you can justify it, I guess you are good to go.
more...
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andhrawala1000
03-16 07:20 PM
Pay stub amount is not in issue. Paystub is submitted as evidence that you are working (and thus in valid status on day you file the H1). As for visa, a valid visa in ppt can be used for travel though you have changed employers. But on reentry you must show the original receipt notice of employer (to whom you transferred). If you have got the approval, show that to get an extended I-94 and documenting correct employer on the I-94 and USCIS records.
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tdasara
03-20 12:04 AM
Well a company can be sued for any reason. I do not control the day to day activity apart from IT stuff.
My question specifically, if the company is sued, since I am a minority owner will I have to do rounds in the court appear before a judge etc..will I be summoned! Or only the executives majority shareholders are summoned.
(No I am not talking about a body shop and this is a small financial firm)
My question specifically, if the company is sued, since I am a minority owner will I have to do rounds in the court appear before a judge etc..will I be summoned! Or only the executives majority shareholders are summoned.
(No I am not talking about a body shop and this is a small financial firm)
more...
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go_guy123
03-24 02:42 PM
I want to change my job from an university to a company.
I know I have to apply for industrial H1b , but I am not sure whether I MUST wait till 1st Oct to start work.
Does anyone have idea? thanks!
University H1B(non profit/govt org ) is quota exempt...
Others are within cap.
I know I have to apply for industrial H1b , but I am not sure whether I MUST wait till 1st Oct to start work.
Does anyone have idea? thanks!
University H1B(non profit/govt org ) is quota exempt...
Others are within cap.
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eb3_nepa
06-14 02:38 PM
What happens after the I-485?
I guess I-486:D
Funny. :)
But lets be serious about this guys. Maybe we can be proactive about some stuff here. Most of us got caught unawares with retrogression. I am sure we dont want to make the same mistake this time around.
I guess I-486:D
Funny. :)
But lets be serious about this guys. Maybe we can be proactive about some stuff here. Most of us got caught unawares with retrogression. I am sure we dont want to make the same mistake this time around.
more...
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Gravitation
08-17 11:20 PM
You are fine. Have no worry and have a good trip. Use your H1B to get back.
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immig4me
04-22 01:42 PM
check this out The Beacon: USCIS Welcomes You to The Beacon (http://www.uscis.gov/blog/2010/03/uscis-welcomes-you-to-beacon.html)
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pan123
01-14 11:15 AM
Guys,
Friend of mine has got H1B1 visa stamped now. But we just found out that on his passport ECNR is not deleted. ECNR is still required there.
Can you guys help us to understand what this is? Do we need to remove ECNR before he travel to UR? He has BE (Mech).
When I came to US my ECNR was deleted and I am also graduate.
Your help appreciated.
Thanks,
Friend of mine has got H1B1 visa stamped now. But we just found out that on his passport ECNR is not deleted. ECNR is still required there.
Can you guys help us to understand what this is? Do we need to remove ECNR before he travel to UR? He has BE (Mech).
When I came to US my ECNR was deleted and I am also graduate.
Your help appreciated.
Thanks,
nashorn
08-12 04:53 AM
One can have more than one H1B at a time. So you can ask the second company file for transfer too. If you worry about the first petition, and you feel comfortable to do so, talk about it with the attorney of the second company. Or, you can call USCIS and ask a immigration officer.
I joined a new employer in May and also had applied for H1B transfer at that time. Now I have a very good offer from another firm but my first H1B transfer is still pending. The new offer is much more rewarding financially. Is it possible to apply for H1 B transfer to the new employer without jeopardizing my H1B status. Please note that I got laid off in April and I was in a hurry to get the new job then, it was also about just over a month when I applied for my H1B transfer since losing that job so I am kind of nervous about the results from USCIS.
Thanks in advance for your suggestions, friends!
I joined a new employer in May and also had applied for H1B transfer at that time. Now I have a very good offer from another firm but my first H1B transfer is still pending. The new offer is much more rewarding financially. Is it possible to apply for H1 B transfer to the new employer without jeopardizing my H1B status. Please note that I got laid off in April and I was in a hurry to get the new job then, it was also about just over a month when I applied for my H1B transfer since losing that job so I am kind of nervous about the results from USCIS.
Thanks in advance for your suggestions, friends!
Vish
10-11 06:02 PM
On Monday USCIS was showing that my EAD card has been ordered and today it changed to Approval notice sent....
What is the difference between these two, anyone?
I know both of them sound like music to my ears but want to know WHEN exactly should I be expecting the actual EAD...
Thanks in advance.
What is the difference between these two, anyone?
I know both of them sound like music to my ears but want to know WHEN exactly should I be expecting the actual EAD...
Thanks in advance.
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