freedom_fighter
01-26 09:09 PM
me/spouse finally got our GCs in mail today. Interestingly the green card is not green, it just white mostly
best of luck to others in the journey.
best of luck to others in the journey.
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singhsa3
11-15 10:16 AM
Still only 6 people have courage to speak out. What is running in your veins, water?
We may not be able make changes in the law now but we might be able to get some relief on restrictions, that does not allow law making.
Educate yourself or suffer...
We may not be able make changes in the law now but we might be able to get some relief on restrictions, that does not allow law making.
Educate yourself or suffer...
rb_248
12-13 03:09 PM
I have waited long enough to say that. Came to USA and pursued a career in Traffic Engineering. Now I can't even find jobs in India because, many say that my job is advanced for India right now.
Make sure you do a masters in some field in which you can find opportunities in India.
Make sure you do a masters in some field in which you can find opportunities in India.
2011 3mm Stretcher - Page 2 | 3mm
irock
08-09 02:30 PM
From posts here, it seems they used to give 3 year based on approval date rather than date of filing. But USCIS recent faq says that they will look for date of filing. May be all the IOs don't yet know the latest rule/FAQ.
btw, I applied my H1 extension on July 11th and approved on Aug 3rd. Got three year extension. Go figure.
btw, I applied my H1 extension on July 11th and approved on Aug 3rd. Got three year extension. Go figure.
more...
Munna Bhai
01-09 12:50 PM
which service center? You can ask your employer to ask USCIS as 140 is employer's application.
NSC
NSC
paskal
09-10 11:58 AM
From Siskind's blog on ILW
http://blogs.ilw.com/gregsiskind/2007/09/more-details-on.html
MORE DETAILS ON SEPTEMBER 18TH RALLY
Folks - The issue has been raised about whether non-citizens are allowed to participate in rallies. The answer is an emphatic YES! The main restrictions you have in participating in the world's oldest democratic republic is in your ability to vote and your ability to donate to election campaigns. You are most definitely allowed to go to a rally and press your case to the government.
Immigration Voice has released the following advisory for those attending:
Travel Advisory for the Sept 18th Rally/Parade
Dear Member: As you know, the route of the rally on Sept 18th is from Washington Monument to Capitol Hill in downtown Washington DC. Please use the following advisory for travel to and from rally and related events. Everyone must arrive at the Washington Monument at around 9:00 AM on 18th. The march would begin at 11:00 AM and end at 12:30 PM. We will gather on Capitol Hill grounds and stay there from 12:30 thru 2:30 PM.
Same day travelers: You have to arrive at Washington Monument at 9:00 AM where this event begins and leave the event from Capitol Hill, when it ends at 2:30 PM.
Arrival Advisory
For people arriving at the Washington Monument via WMATA Metro Rail/Bus
There are two close Metro Stations to the Washington Monument Grounds. From your location reach one of the below metro stations. Please use the trip planner on WMATA Home page.
(1) Smithsonian Metro Station (closest by walk)
(2) Federal Triangle Metro Station
Both the stations are 0.4 miles from the monument grounds and are on both Orange & Blue Metro Lines. See the map here on WMATA website and familiarize yourselves before you get on to the train.
Tip: For those who has not been to DC before, Washington Monument stands tall and can be seen easily. Google Washington Monument and familiarize yourself, if time permits.
Walking Directions from Smithsonian Metro
(1) Take the 12th street exit and walk 0.1mile ( North ) towards constitution avenue.
(2) Make a Left turn on Madison Dr NW and walk 0.1 mile ( West ).
(3) Arrive at the intersection of 15th and Madison Dr NW to find Washington Monument Grounds.
Walking Directions from Federal Triangle Metro
(1) Take the 12th street exit and walk 0.1mile ( South ) towards constitution avenue.
(2) Make a Right turn on Constituion Ave and walk 0.3 mile ( West)
(3) Make a Left turn on 15th st and walk 0.1 mile south to find Washington Monument Grounds
For people arriving at the Washington region airports (DCA/IAD/BWI) early morning Sep 18th
From Regan National Airport (DCA)
Regan National Airport is connected by WMATA Metro and is on both Yellow and Blue lines.
(1) Take the Blue line train (towards Largo Town Center) from DCA to Smithsonian to avoid transfers on the Metro.
(2) Use Walking directions from Smithsonian above to reach the Washington Monument grounds.
From Washing Dulles International Airport (IAD)
(1) Take the 5a bus from IAD at curb 2E to L'Enfant plaza Metro Station.
(2) Get down at the Rossyln Metro Station and Take the Blue line Metro towards Largo Town Center.
(3) Get down at Smithsonian Metro and Follow the Walking directions from Smithsonian listed above
From Baltimore Washington International Airport (BWI)
(1) Take the B30 Bus from BWI to GreenBelt Metro Station and get down at Green Belt Station.
(2) Take the Green line towards Branch Ave and get down at L'Enfant plaza Metro Station.
(3) Take the Blue line towards Franconia/Springfield Metro and get down at the Smithsonian Metro
(4) Follow walking directions from Smithsonian as listed above.
For people arriving on buses (ONLY IV Charter Buses) points south and west
Points South
(1) On I-395 North/George Mason Memorial Bridge,Stay in the 2 left lanes and follow directions to US-1/Downtown. (approx 1 mile on Route 1)
(2)Route 1 becomes 14th St SW.
(3) Make a left on Independence Ave and arrive at the intersection of 15th and Independence Ave.
(4) Buses will drop off IV members at the intersection of 15th and Independence and will be parked at RFK stadium.
Points West
(1) I-66 West becomes Theodore Roosevelt Memorial Bridge and becomes Route 50 East/ Constitution ave NW.
(2) Make a left on the 15th Street and go 0.5 miles South and arrive at the intersection of Independence ave and 15th street.
(3) Buses will drop off IV members at the intersection of 15th and Independence and will be parked at RFK stadium.
Points North and East
(1) From 295-S/Baltimore Washington Parkway take the US 50W/ Newyork Ave exit and go aprrox 5 miles
(2) Make a left on to I-395 S and go approx 2 miles
(3) Take the 12th St SW/Downtown exit and Make a left on Independence Ave with in 0.5 mile
(4) Arrive at the Independence ave and 15th street interesection in .5 miles. Buses will drop off IV members and will be parked at RFK Stadium
Departure Advisory
For people departing via WMATA Metro Rail/Bus
There are two Metro stations close to the US Capitol West lawn
(1) Union Station Metro on the Red line. (closer to west lawn by walk)
(2) Capitol South Metro on the Orange & Blue line.
Find out on what Metro Line (Blue/Orange/Red/Green/Yellow or Combination) your destination / Metro station is and chose either of the above Metro stations. Simply, Go to wmata website and get your itinerary. Your destination can be a Metro rail stop or some thing that is connected by both rail and bus.
Walking Directions to Union Station Metro Station
(1) Head North on 1st St NW towards Constitution ave approx 0.1 mile
(2) Make Right turn on Louisiana Ave to walk towards columbus circle approx .25 miles
(3) Cross the Columbus Circle to arrive at Union Station Metro.
Walking Directions to Capitol South Metro Station
(1) Head South on 1st st NW towards Independence ave, approx 0.1 mile
(2) Make Left turn on Independence avenue and walk East approx 0.2 miles
(3) Make a Right turn on New Jersey avenue and walk South approx 0.1 mile going past Cannon House building and C st SE
(4) Make a Left turn on D st SE and walk East approx 0.1 mile to arrive at US Capitol South Metro.
For People departing via IV Charter Buses
There is no pick up available around the US Capitol. IV Charter buses will be parked at the RFK Stadium which is accessible via METRO. The Metro stop is Armory Stadium which is on the Orange/Blue lines and is the 3rd stop from US Capitol South Metro. (Trains towards New Carrollton/ Largo Town Center)
(1) Follow the Walking directions to US Capitol South from the US Capitol West lawn as listed above
(2) Ride the Orange/Blue line to get down at the Armory/Stadium Metro stop.
(3) Walk towards Lot 7 from the Armory stadium. Street Signs will be available from the Metro station
(4) Board the bus and your Bus lead/Driver will get you to your destination
Please make sure that you have the bus lead(s) phone number and there will be a roll call before the bus departs. For exact timings of departure, please talk to your bus lead.
http://blogs.ilw.com/gregsiskind/2007/09/more-details-on.html
MORE DETAILS ON SEPTEMBER 18TH RALLY
Folks - The issue has been raised about whether non-citizens are allowed to participate in rallies. The answer is an emphatic YES! The main restrictions you have in participating in the world's oldest democratic republic is in your ability to vote and your ability to donate to election campaigns. You are most definitely allowed to go to a rally and press your case to the government.
Immigration Voice has released the following advisory for those attending:
Travel Advisory for the Sept 18th Rally/Parade
Dear Member: As you know, the route of the rally on Sept 18th is from Washington Monument to Capitol Hill in downtown Washington DC. Please use the following advisory for travel to and from rally and related events. Everyone must arrive at the Washington Monument at around 9:00 AM on 18th. The march would begin at 11:00 AM and end at 12:30 PM. We will gather on Capitol Hill grounds and stay there from 12:30 thru 2:30 PM.
Same day travelers: You have to arrive at Washington Monument at 9:00 AM where this event begins and leave the event from Capitol Hill, when it ends at 2:30 PM.
Arrival Advisory
For people arriving at the Washington Monument via WMATA Metro Rail/Bus
There are two close Metro Stations to the Washington Monument Grounds. From your location reach one of the below metro stations. Please use the trip planner on WMATA Home page.
(1) Smithsonian Metro Station (closest by walk)
(2) Federal Triangle Metro Station
Both the stations are 0.4 miles from the monument grounds and are on both Orange & Blue Metro Lines. See the map here on WMATA website and familiarize yourselves before you get on to the train.
Tip: For those who has not been to DC before, Washington Monument stands tall and can be seen easily. Google Washington Monument and familiarize yourself, if time permits.
Walking Directions from Smithsonian Metro
(1) Take the 12th street exit and walk 0.1mile ( North ) towards constitution avenue.
(2) Make a Left turn on Madison Dr NW and walk 0.1 mile ( West ).
(3) Arrive at the intersection of 15th and Madison Dr NW to find Washington Monument Grounds.
Walking Directions from Federal Triangle Metro
(1) Take the 12th street exit and walk 0.1mile ( South ) towards constitution avenue.
(2) Make a Right turn on Constituion Ave and walk 0.3 mile ( West)
(3) Make a Left turn on 15th st and walk 0.1 mile south to find Washington Monument Grounds
For people arriving at the Washington region airports (DCA/IAD/BWI) early morning Sep 18th
From Regan National Airport (DCA)
Regan National Airport is connected by WMATA Metro and is on both Yellow and Blue lines.
(1) Take the Blue line train (towards Largo Town Center) from DCA to Smithsonian to avoid transfers on the Metro.
(2) Use Walking directions from Smithsonian above to reach the Washington Monument grounds.
From Washing Dulles International Airport (IAD)
(1) Take the 5a bus from IAD at curb 2E to L'Enfant plaza Metro Station.
(2) Get down at the Rossyln Metro Station and Take the Blue line Metro towards Largo Town Center.
(3) Get down at Smithsonian Metro and Follow the Walking directions from Smithsonian listed above
From Baltimore Washington International Airport (BWI)
(1) Take the B30 Bus from BWI to GreenBelt Metro Station and get down at Green Belt Station.
(2) Take the Green line towards Branch Ave and get down at L'Enfant plaza Metro Station.
(3) Take the Blue line towards Franconia/Springfield Metro and get down at the Smithsonian Metro
(4) Follow walking directions from Smithsonian as listed above.
For people arriving on buses (ONLY IV Charter Buses) points south and west
Points South
(1) On I-395 North/George Mason Memorial Bridge,Stay in the 2 left lanes and follow directions to US-1/Downtown. (approx 1 mile on Route 1)
(2)Route 1 becomes 14th St SW.
(3) Make a left on Independence Ave and arrive at the intersection of 15th and Independence Ave.
(4) Buses will drop off IV members at the intersection of 15th and Independence and will be parked at RFK stadium.
Points West
(1) I-66 West becomes Theodore Roosevelt Memorial Bridge and becomes Route 50 East/ Constitution ave NW.
(2) Make a left on the 15th Street and go 0.5 miles South and arrive at the intersection of Independence ave and 15th street.
(3) Buses will drop off IV members at the intersection of 15th and Independence and will be parked at RFK stadium.
Points North and East
(1) From 295-S/Baltimore Washington Parkway take the US 50W/ Newyork Ave exit and go aprrox 5 miles
(2) Make a left on to I-395 S and go approx 2 miles
(3) Take the 12th St SW/Downtown exit and Make a left on Independence Ave with in 0.5 mile
(4) Arrive at the Independence ave and 15th street interesection in .5 miles. Buses will drop off IV members and will be parked at RFK Stadium
Departure Advisory
For people departing via WMATA Metro Rail/Bus
There are two Metro stations close to the US Capitol West lawn
(1) Union Station Metro on the Red line. (closer to west lawn by walk)
(2) Capitol South Metro on the Orange & Blue line.
Find out on what Metro Line (Blue/Orange/Red/Green/Yellow or Combination) your destination / Metro station is and chose either of the above Metro stations. Simply, Go to wmata website and get your itinerary. Your destination can be a Metro rail stop or some thing that is connected by both rail and bus.
Walking Directions to Union Station Metro Station
(1) Head North on 1st St NW towards Constitution ave approx 0.1 mile
(2) Make Right turn on Louisiana Ave to walk towards columbus circle approx .25 miles
(3) Cross the Columbus Circle to arrive at Union Station Metro.
Walking Directions to Capitol South Metro Station
(1) Head South on 1st st NW towards Independence ave, approx 0.1 mile
(2) Make Left turn on Independence avenue and walk East approx 0.2 miles
(3) Make a Right turn on New Jersey avenue and walk South approx 0.1 mile going past Cannon House building and C st SE
(4) Make a Left turn on D st SE and walk East approx 0.1 mile to arrive at US Capitol South Metro.
For People departing via IV Charter Buses
There is no pick up available around the US Capitol. IV Charter buses will be parked at the RFK Stadium which is accessible via METRO. The Metro stop is Armory Stadium which is on the Orange/Blue lines and is the 3rd stop from US Capitol South Metro. (Trains towards New Carrollton/ Largo Town Center)
(1) Follow the Walking directions to US Capitol South from the US Capitol West lawn as listed above
(2) Ride the Orange/Blue line to get down at the Armory/Stadium Metro stop.
(3) Walk towards Lot 7 from the Armory stadium. Street Signs will be available from the Metro station
(4) Board the bus and your Bus lead/Driver will get you to your destination
Please make sure that you have the bus lead(s) phone number and there will be a roll call before the bus departs. For exact timings of departure, please talk to your bus lead.
more...
morchu
04-29 05:53 PM
F1 is a pure non-immigrant visa. Means at the time of F1 application, if the consulate feels that there is an "immigration intent" they will (and have to) reject the F1. Just by stating that her fiancee is an immigrant, I see potential F1 rejection due to "immigration intent".
Thanks snathan and aravindhome for your responses.
I'm going to consult an attorney on this for sure...
After i consulted my friends and after going through some other posts i figured that F1 is the best option i have now.
My fiancee is interested in pursuing her higher education, but just wanted to find out if it would be OK that i sponsor her education and state that her fiance is in US with green card at the time of visa application?.. would this cause any problems for getting her F1 visa?
OR should she not mention anything about me in any stage be it in University Admisssion process or the F1 visa application process?
I know all of the other options (H1, L1, B1 and GC sponsor for spouse) would require much time.
aravindhome-- i'm not sure how fast can she get a canadian PR and then come to this Country?...On what basis is she going to enter this country?
Thanks a lot
Ravi
Thanks snathan and aravindhome for your responses.
I'm going to consult an attorney on this for sure...
After i consulted my friends and after going through some other posts i figured that F1 is the best option i have now.
My fiancee is interested in pursuing her higher education, but just wanted to find out if it would be OK that i sponsor her education and state that her fiance is in US with green card at the time of visa application?.. would this cause any problems for getting her F1 visa?
OR should she not mention anything about me in any stage be it in University Admisssion process or the F1 visa application process?
I know all of the other options (H1, L1, B1 and GC sponsor for spouse) would require much time.
aravindhome-- i'm not sure how fast can she get a canadian PR and then come to this Country?...On what basis is she going to enter this country?
Thanks a lot
Ravi
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apb
04-04 01:30 PM
1. Did you find have any issues when getting 485 approved.
---- Here most are with GC app pending. AC21 is being used by many only in the last two months.
2. Did you file AC21.
Yes
3. Does the job responsibility has to meet 100% word by word.
Not necessary
4. Has any one you applied for EAD extension on your own.
I did not apply for extension. But when my time comes I will do it on my own.
Lawyer cost is $300 per applicant per document (EAD and AP treated separately by lawyer and charged separately by lawyer.
5. Has any one got an RFE after changing the Job on EAD and submitting AC21. if so what kind of questions do they ask.
No RFE yet. I am not sure why they will ask question if you had worked for GC company > 180 days.
---- Here most are with GC app pending. AC21 is being used by many only in the last two months.
2. Did you file AC21.
Yes
3. Does the job responsibility has to meet 100% word by word.
Not necessary
4. Has any one you applied for EAD extension on your own.
I did not apply for extension. But when my time comes I will do it on my own.
Lawyer cost is $300 per applicant per document (EAD and AP treated separately by lawyer and charged separately by lawyer.
5. Has any one got an RFE after changing the Job on EAD and submitting AC21. if so what kind of questions do they ask.
No RFE yet. I am not sure why they will ask question if you had worked for GC company > 180 days.
more...
reddymjm
05-21 04:46 PM
Hi,
I had sent an e-mail to my attorney...below is his reply...looks like i will get my renewed EAD before current EAD expires.
USCIS typically issues new EADs within 90 days. If they don't, you may make an Infopass appointment to appear in-person at a local office to request that they process an interim EAD. The local office will not issue an EAD. Rather, they will contact the Service Center which will typically issue the EAD within two weeks.
If you are working on EAD and if you do not get your new ead 10 days prior to the expiry of the old one please take an infopass and they will email the IO working on it to approve. Couple of my friends did that and got their approvals in a day or two.
I had sent an e-mail to my attorney...below is his reply...looks like i will get my renewed EAD before current EAD expires.
USCIS typically issues new EADs within 90 days. If they don't, you may make an Infopass appointment to appear in-person at a local office to request that they process an interim EAD. The local office will not issue an EAD. Rather, they will contact the Service Center which will typically issue the EAD within two weeks.
If you are working on EAD and if you do not get your new ead 10 days prior to the expiry of the old one please take an infopass and they will email the IO working on it to approve. Couple of my friends did that and got their approvals in a day or two.
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anilsal
03-14 09:32 AM
This topic seems to be gray for H1B holders. What is allowed and what is not.
* What about cases where people submit content to magazines and are paid a small amount (if published)? It is kind of funny to tell them - "you know I won't accept your $200 bucks because I am on H1B and cannot accept anything else".
* What about cases where people submit content to magazines and are paid a small amount (if published)? It is kind of funny to tell them - "you know I won't accept your $200 bucks because I am on H1B and cannot accept anything else".
more...
GotGC??
05-29 07:47 PM
Many people with PD current are hesitating to apply for 485 as they want to wait for I140 approval to save 485 fees. This is very wrong and in case the dates retrogress again (there is a good chance), you will actually end up losing several thousands of dollars because you tried to save one thousand dollars.
Could you please clarify:
- what's the logic for not applying for 485 (when 140 is pending)? how can that save you any money?
- did you mean premium processing 140?
Could you please clarify:
- what's the logic for not applying for 485 (when 140 is pending)? how can that save you any money?
- did you mean premium processing 140?
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mmk123
07-17 11:29 AM
I agree as well as dis-agree.
numberUSA give this argument for all the immigration communities which I am sure is from a different perspective (xenophobic or race). They just don't want any immigrants no matter what.
I am talking only about this crisis and merely from economic point of view. About choosing based upon what is good for the economy and what is not.
Thanks,
M.
numberUSA give this argument for all the immigration communities which I am sure is from a different perspective (xenophobic or race). They just don't want any immigrants no matter what.
I am talking only about this crisis and merely from economic point of view. About choosing based upon what is good for the economy and what is not.
Thanks,
M.
more...
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looneytunezez
03-12 05:03 PM
Congrats...... :)
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pradeep_s
12-20 11:04 PM
Janilsal,
I have I-140 notice with me. Thanks for your tips.
pradeep
I have I-140 notice with me. Thanks for your tips.
pradeep
more...
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bhavana
05-24 07:51 AM
Good job Buddy
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kishdam
02-07 02:22 PM
Such agreement is not against the law. GC is for your benefit, not employer's.
So technically employer may ask you to reimburse I-485 filing fees (including attorney fees). Permanent residency is I-485 approval. What is the exact language? May be you can avoid paying you can just switch to another employer?
Thanks for all the responses. Yes, I am planning to move before my I-485 is approved (with current retrogession my EB2 PD of 05 may need another 3-4 years to get current unless there is a change in the rules). Infact I am changing jobs next month. What I am worried about is when I give notice my current employer will sure bring up this agreement and might ask me to repay. I will try to convince/negotiate in my own way and try to settle amicably. But if does not happen I am worried about what the employer can do with this agreement - since the exact wording in the agreement says that I have to stay at the employer for 2 years after the approval of permanent residence application. I am trying to find the legal definitionof "approval of permanent residency application" - my interpretation is approval of I485. I will try to reason that my "permanent residency" application is not yet approved and will try to repay some reasonable amount. Hope it works.
For others wondering why I am worried so much - the agreement simply says that all expenses incurred including fees, lawyer charges, other administrative/misc expenses. It worded so vaguely (I know I shoud not have signed) they can throw any bill at me.
So technically employer may ask you to reimburse I-485 filing fees (including attorney fees). Permanent residency is I-485 approval. What is the exact language? May be you can avoid paying you can just switch to another employer?
Thanks for all the responses. Yes, I am planning to move before my I-485 is approved (with current retrogession my EB2 PD of 05 may need another 3-4 years to get current unless there is a change in the rules). Infact I am changing jobs next month. What I am worried about is when I give notice my current employer will sure bring up this agreement and might ask me to repay. I will try to convince/negotiate in my own way and try to settle amicably. But if does not happen I am worried about what the employer can do with this agreement - since the exact wording in the agreement says that I have to stay at the employer for 2 years after the approval of permanent residence application. I am trying to find the legal definitionof "approval of permanent residency application" - my interpretation is approval of I485. I will try to reason that my "permanent residency" application is not yet approved and will try to repay some reasonable amount. Hope it works.
For others wondering why I am worried so much - the agreement simply says that all expenses incurred including fees, lawyer charges, other administrative/misc expenses. It worded so vaguely (I know I shoud not have signed) they can throw any bill at me.
more...
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vegasbaby
02-19 07:06 PM
All,
Even though there are other threads on this topic, I wanted to start a separate thread, as I had some unique questions. I am at the zenith of frustration and at the age of 37, I feel like my career is slipping away while waiting for GC :(
My employment scenario:
- Been with the current employer since Jan 2001
- Less than 5 years experience before I joined the current employer
- Have an MBA that was not used to the GC application (applied in July 2003) since I was a programmer at the time of GC application
My GC scenario:
- Applied for GC in July 2003 under EB3
- Applied for I-485 in July 2007
- Approved I140 and EAD in hand
- Even though I have EAD, I continue to use my H1
My new role in the job:
- After being in the job for as long as I have been, I am now doing Business Development that makes use of my MBA
My questions:
1) Lawyer asked me to wait it out for the GC instead of trying to convert the application to GC2. Lawyer says new labor applications are getting under scrutiny a lot more than before and he think it is prudent to wait. Is this reasonable?
2) What are my other options - do you think I can ask my employer to apply fresh EB2 application for the business development role and show my MBA? Not sure if they will agree to my request, but wanted to make sure that it is even possible to do that.
3) Can I change my job based on H1? Or change the job based on EAD? If either way I change my job, can I then ask the new employer to apply for my GC under EB2? If I change the job, and if my current employer agrees (I don't why he would, but just for understanding sake), can I retain my current EB3 application?
Any advice is greatly appreciated. I am at a point of giving it up and going back to India, but then that is another big decision,
Regards,
I am also in the same boat as you. To ans your questions -
1. If the lawyer your talking abt is the company attorney, then, he would most likely support the company than you. I did hear that labors are going thru lot of scrutiny, but if your case is genuine & you have all relevant docs, why is there a reason to worry.
2. Well yes since you have the degree & if they have a role for you, I see no reason as to why they cannot file for you. A lot of companies including mine are not too keen on reapplying under EB2 since they feel it will cause unnecessary hassles to them. If your case is brought up under review, its not just you but the entire company gets audited & then they have to produce a million documents to USCIS.
3. You should be able to retain your old pd or current application (if I-485 has been pending for more than 180 days) either ways i.e. if new employer files EB2 for you or your old employer does EB2 for you. However, as someone already pointed out, that same employer filing EB2 for you would be a tricky situation since the experience with your current employer doesn't count. But I have also read somewhere that if its a new position/a new role, then, your experience with current employer will also count. Get this verified.
Even though there are other threads on this topic, I wanted to start a separate thread, as I had some unique questions. I am at the zenith of frustration and at the age of 37, I feel like my career is slipping away while waiting for GC :(
My employment scenario:
- Been with the current employer since Jan 2001
- Less than 5 years experience before I joined the current employer
- Have an MBA that was not used to the GC application (applied in July 2003) since I was a programmer at the time of GC application
My GC scenario:
- Applied for GC in July 2003 under EB3
- Applied for I-485 in July 2007
- Approved I140 and EAD in hand
- Even though I have EAD, I continue to use my H1
My new role in the job:
- After being in the job for as long as I have been, I am now doing Business Development that makes use of my MBA
My questions:
1) Lawyer asked me to wait it out for the GC instead of trying to convert the application to GC2. Lawyer says new labor applications are getting under scrutiny a lot more than before and he think it is prudent to wait. Is this reasonable?
2) What are my other options - do you think I can ask my employer to apply fresh EB2 application for the business development role and show my MBA? Not sure if they will agree to my request, but wanted to make sure that it is even possible to do that.
3) Can I change my job based on H1? Or change the job based on EAD? If either way I change my job, can I then ask the new employer to apply for my GC under EB2? If I change the job, and if my current employer agrees (I don't why he would, but just for understanding sake), can I retain my current EB3 application?
Any advice is greatly appreciated. I am at a point of giving it up and going back to India, but then that is another big decision,
Regards,
I am also in the same boat as you. To ans your questions -
1. If the lawyer your talking abt is the company attorney, then, he would most likely support the company than you. I did hear that labors are going thru lot of scrutiny, but if your case is genuine & you have all relevant docs, why is there a reason to worry.
2. Well yes since you have the degree & if they have a role for you, I see no reason as to why they cannot file for you. A lot of companies including mine are not too keen on reapplying under EB2 since they feel it will cause unnecessary hassles to them. If your case is brought up under review, its not just you but the entire company gets audited & then they have to produce a million documents to USCIS.
3. You should be able to retain your old pd or current application (if I-485 has been pending for more than 180 days) either ways i.e. if new employer files EB2 for you or your old employer does EB2 for you. However, as someone already pointed out, that same employer filing EB2 for you would be a tricky situation since the experience with your current employer doesn't count. But I have also read somewhere that if its a new position/a new role, then, your experience with current employer will also count. Get this verified.
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arthi123
11-08 09:21 AM
hello,
I am trying to book an appointment for h1b visa stamping at the Chennai Us consulate for Nov 29th but I see no dates available for Nov 2010 for Chennai.
Ony calcutta dates are available.
Can I book an emergency appointment in this situation?
I have been on h1 for the past 3 years.First came to US in 2004.Visa expired in 2006.
Extended h1b here in USA..Now going to India for the first time after visa expiry.
Also, for the stamping, should i carry all old LCA's or just the latest one?
Thanks,
arthi
I am trying to book an appointment for h1b visa stamping at the Chennai Us consulate for Nov 29th but I see no dates available for Nov 2010 for Chennai.
Ony calcutta dates are available.
Can I book an emergency appointment in this situation?
I have been on h1 for the past 3 years.First came to US in 2004.Visa expired in 2006.
Extended h1b here in USA..Now going to India for the first time after visa expiry.
Also, for the stamping, should i carry all old LCA's or just the latest one?
Thanks,
arthi
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fcres
07-06 11:40 AM
I am almost sure even if you have an approved I-140, it still isn't enough to get an H-1B extension.
Thanks,
Jayant
If I have approved LC and I140, can't i get 1yr (or if PD dates are retrogressed get 3yr) H1 extension??
Thanks,
Jayant
If I have approved LC and I140, can't i get 1yr (or if PD dates are retrogressed get 3yr) H1 extension??
desi3933
06-18 04:30 PM
Under Part 3.
What should one put for
1. Nonimmigrant Visa number
2. Date Visa Issued
3. Consulate Where Visa was Issued.
I'm currently on a valid H1 extension with a valid I-94. The visa on passport has expired and I had got an extension within US. Anybody any ideas????
Mr. EndlessWait -
You extended your status, not visa. Please get your basics correct.
1. Nonimmigrant Visa number
Visa Number for the last issued visa (does not matter if is expired)
2. Date Visa Issued
Date of Issue for Visa in #1
3. Consulate Where Visa was Issued.
Place of Issue for Visa in #1
Good Luck
Please check and verify details with your attorney/lawyer. This is NOT a legal advice.
----------------------------------
Permanent Resident since May 2002
What should one put for
1. Nonimmigrant Visa number
2. Date Visa Issued
3. Consulate Where Visa was Issued.
I'm currently on a valid H1 extension with a valid I-94. The visa on passport has expired and I had got an extension within US. Anybody any ideas????
Mr. EndlessWait -
You extended your status, not visa. Please get your basics correct.
1. Nonimmigrant Visa number
Visa Number for the last issued visa (does not matter if is expired)
2. Date Visa Issued
Date of Issue for Visa in #1
3. Consulate Where Visa was Issued.
Place of Issue for Visa in #1
Good Luck
Please check and verify details with your attorney/lawyer. This is NOT a legal advice.
----------------------------------
Permanent Resident since May 2002
synergy
12-03 06:29 PM
I applied for my green card almost six years back (EB3 Jan 2003) and working with the same employer for more than 7 years on H1B. My 140 was approved in 2007 September. Recently I got a new job with pretty similar title and job descripiton. The job is in a different state . Here is my question...
Is it better to use my EAD (which is valid until October 2010) or do a H1B transfer? In case my current employer withdraw the 140 application ,whether that cause any issues?
Do I need to go back to my current employer once I get my green card?
Is it possible to go back to H1B once I start using EAD?
Appreciate quick responses.....
Is it better to use my EAD (which is valid until October 2010) or do a H1B transfer? In case my current employer withdraw the 140 application ,whether that cause any issues?
Do I need to go back to my current employer once I get my green card?
Is it possible to go back to H1B once I start using EAD?
Appreciate quick responses.....
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