for_gc
06-19 02:12 PM
Its quite likely that we may get some quick relief on alternate vehicles (bills) for minor things like the ability to apply I485 when the visa is not current. We should not count that out ... Not sure what boat you are in but I am waiting for applying my I485.
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CHHAYA
04-26 01:01 PM
I am working on EAD and want to work 20 hrs. What is the risk involved in I-485 processing? Thanks in advance for any light.
ameryki
04-08 04:14 PM
yep EAD is linked to your 485 application and not your employer. especially after 180 days of 485 filing a lot people consider themselves free to jump the boat with very little to no issues.
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a_yaja
01-08 05:05 PM
Frankly I don't know why people think that IT folks cannot qualify for EB2. Inspite of all changes done by DOL, people with 4yr degree + 5 years of exp. can qualify for EB2. If the company can make a good business case and can prove that there are other people (Permanent Residents/ Citizens) in the organization with 4yr degree + 5 years of exp. for same/ similar position, there should not be any issue for the getting an EB2 approved. As far as my knowledge goes, the requirements are set forth in law - that is not something that USCIS can change over night.
True - it might become more difficult to get approval for such cases, but that does not mean that IT folks cannot qualify for EB2.
Just my 2cents.
True - it might become more difficult to get approval for such cases, but that does not mean that IT folks cannot qualify for EB2.
Just my 2cents.
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rvr_jcop
04-29 01:26 PM
Hello,
I read this on Oh-law website. I am a bit confused. Isnt it true that H1 is dual intent, why would they consider this as abandonment of 485 when one uses the automatic re-validation rule (no valid H1 stamp but valid I-94 stub on the 797 H1 approval)?
From the Oh-law website:
Those in pending I-485 green card proceedings should understand that travel over the contiguous countries without a valid H or L visa status or without an approved advance parole will result in a deadly consequence of abandonment of pending I-485 applications even if they are readmitted into the U.S. after a short trip to Canada and Mexico with an expired visa in the passport under the foregoing visa revalidation rule. Rule of readmissibility from such trip is one thing and abandonment of pending I-485 is the other. They should never depart from the U.S. without a valid H or L approved status or a valid Advance Parole.
I read this on Oh-law website. I am a bit confused. Isnt it true that H1 is dual intent, why would they consider this as abandonment of 485 when one uses the automatic re-validation rule (no valid H1 stamp but valid I-94 stub on the 797 H1 approval)?
From the Oh-law website:
Those in pending I-485 green card proceedings should understand that travel over the contiguous countries without a valid H or L visa status or without an approved advance parole will result in a deadly consequence of abandonment of pending I-485 applications even if they are readmitted into the U.S. after a short trip to Canada and Mexico with an expired visa in the passport under the foregoing visa revalidation rule. Rule of readmissibility from such trip is one thing and abandonment of pending I-485 is the other. They should never depart from the U.S. without a valid H or L approved status or a valid Advance Parole.
Prashanthi
07-06 05:45 PM
The USCIS will honor the procedure to register births or do a name change in the home country, i suggest you submit the documents that you referred to and also get a local attorney to attest to the local law in such matters citing the proper section of the law. Name change before the Court should be sufficient but better to get this verified.
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skarthy
11-30 05:43 PM
Hi anyone else in the same situation ? any other prespective ? would really appreciate that.
Thanks.
Thanks.
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sc3
11-16 09:34 AM
I dont think there is one (at least legally). However, even if revoked, you may apply for new H1 (without quota bar, if you are within 6 years). The IO may or may not give you a new I94, so you may have to exit the country to get a new visa/I94.
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sertasheep
05-27 03:10 PM
.bumping
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learning01
05-08 01:51 PM
And extensions and extensions. No worry. That's it. I am suggesting that the easy way suggested is not the way.
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tb2904
07-02 12:15 PM
http://travel.state.gov/visa/frvi/bulletin/bulletin_3263.html
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smuggymba
01-16 11:12 PM
The HR/Lawyer has to decide the category, you can't. The job category is based on what the job requires, not what you have. If you have 20 years of experience but the job requires just BS, it falls into EB3. Good luck.
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narentilwani
03-05 02:04 PM
I believe my situation is a lot similar to man-woman-and-gc except maybe that I am single. This is what I have achieved so far after sticking to Company A for 4.5 years (this one was pretty big in size; so didn't have to worry about any paperwork):
1) I-140 approved in August 2008 (total of 198 days till date i.e. March 5th 2009)
2) I-485 pending since July 2007 (USCIS receipt date of September 29 2007)
3) EAD valid till October 2010
4) H1-B valid till October 2010
5) PD: Feb 2007
However as a preemptive measure against any potential layoff from company A, I have started looking around. I am preparing a checklist of things that I have to inform the other companies (say company B) so that the transition is smooth. The 2 main things I can think of to talk about with any potential employer are:
1) I DEFINITELY want to maintain my H1-B; so they will have to transfer it. I will be pushing this to make sure I have the flexibility to get a dependent at any time
2) They will have to help me MAINTAIN my GC process. For example any minor changes in the position requirements to show that the job is similar or same. Thats one reason I am primarily looking at similar work profiles
I would GREATLY appreciate if someone from this thread can point me to any location or list out the things that I should be extremely careful about or notify to both my previous employer and the future employer to avoid any future pains in my GC process. A few things that I remember are as follows, but please provide more information that may be missed out here:
1) Do I have to ask Company B to apply for anything relating to my GC? I want to make sure that they know and agree to all costs associated with the paperwork? Dont want to end up paying from my pocket as I have heard in a few cases before
2) I believe since my I-140 is approved for more than 180 days or actually my I-485 being filed for more than 180 days, I am allowed to move, correct?
3) Since my I-140 is approved and I have an EAD, can USCIS/Company A cause it to be revoked? OR it doesn't apply to my case?
4) Do I need to ask Company A to maintain anything? Or just keeping good relations with them is enough :)
Thanks a lot to everyone in advance. Please let me know at your earliest convenience as you never know when opportunities come knocking at your door. Its better to be prepared ;)
1) I-140 approved in August 2008 (total of 198 days till date i.e. March 5th 2009)
2) I-485 pending since July 2007 (USCIS receipt date of September 29 2007)
3) EAD valid till October 2010
4) H1-B valid till October 2010
5) PD: Feb 2007
However as a preemptive measure against any potential layoff from company A, I have started looking around. I am preparing a checklist of things that I have to inform the other companies (say company B) so that the transition is smooth. The 2 main things I can think of to talk about with any potential employer are:
1) I DEFINITELY want to maintain my H1-B; so they will have to transfer it. I will be pushing this to make sure I have the flexibility to get a dependent at any time
2) They will have to help me MAINTAIN my GC process. For example any minor changes in the position requirements to show that the job is similar or same. Thats one reason I am primarily looking at similar work profiles
I would GREATLY appreciate if someone from this thread can point me to any location or list out the things that I should be extremely careful about or notify to both my previous employer and the future employer to avoid any future pains in my GC process. A few things that I remember are as follows, but please provide more information that may be missed out here:
1) Do I have to ask Company B to apply for anything relating to my GC? I want to make sure that they know and agree to all costs associated with the paperwork? Dont want to end up paying from my pocket as I have heard in a few cases before
2) I believe since my I-140 is approved for more than 180 days or actually my I-485 being filed for more than 180 days, I am allowed to move, correct?
3) Since my I-140 is approved and I have an EAD, can USCIS/Company A cause it to be revoked? OR it doesn't apply to my case?
4) Do I need to ask Company A to maintain anything? Or just keeping good relations with them is enough :)
Thanks a lot to everyone in advance. Please let me know at your earliest convenience as you never know when opportunities come knocking at your door. Its better to be prepared ;)
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k3GC
12-22 05:23 PM
I thought this was funny and had to post this link :D.
You now protest when other countries make it difficult for you to get a visa.
US, UK protest as India gets tough on visas - India - The Times of India (http://timesofindia.indiatimes.com/india/US-UK-protest-as-India-gets-tough-on-visas/articleshow/5367548.cms)
You now protest when other countries make it difficult for you to get a visa.
US, UK protest as India gets tough on visas - India - The Times of India (http://timesofindia.indiatimes.com/india/US-UK-protest-as-India-gets-tough-on-visas/articleshow/5367548.cms)
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trueguy
09-24 11:56 AM
Mumbai embassy has corrected the Priority Date for EB3-I and now it matches with Visa Bulletin:
Cut Off Dates- Consulate General of the United States Mumbai, India (http://mumbai.usconsulate.gov/cut_off_dates.html)
Cut Off Dates- Consulate General of the United States Mumbai, India (http://mumbai.usconsulate.gov/cut_off_dates.html)
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akp22
06-16 10:32 PM
Explore interfiling... no personal experience ... but the idea is that they use the same I-485 but interchange the underlying I-140. Seems like there is no special form for this but to just write to USCIS with evidence for the new approved EB1 I-140.
Thanks grupak. Are you EB1 485 filer? How long is it taking to get from 485 filing to green card these days?
Thanks grupak. Are you EB1 485 filer? How long is it taking to get from 485 filing to green card these days?
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JunRN
09-28 01:28 PM
I agree. For example, in Germany, it is hard to work if you do not speak German. Also in France and all others.
And even in Scotland, they speak different English there and you need to be there for many months before you get used to it.
And even in Scotland, they speak different English there and you need to be there for many months before you get used to it.
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DrRobot
06-28 06:44 PM
Nevermind, i have it figured out. i should've just made the Array a bool[,] (i did, thats how it was fixed).
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polapragada
09-01 12:37 AM
Hi,
My H1 B is valid until 2010 (mar). But considering my entry/exit (I94) dates - I will be completing my 5 years in next 2 months.
My query:
1. Do I have time until 2009 (mar) for filing the Labor?
2. Can I file GC in the 6th year of H1 B, if yes what are the consequences?
Thanks in advance
Yes you ahve time. But don't wait hurry up, we need not get surprised if they change rules even....
Any way for March 2009 you have only 6 months you have so much work to do like paper adds, etc... so... All the best
My H1 B is valid until 2010 (mar). But considering my entry/exit (I94) dates - I will be completing my 5 years in next 2 months.
My query:
1. Do I have time until 2009 (mar) for filing the Labor?
2. Can I file GC in the 6th year of H1 B, if yes what are the consequences?
Thanks in advance
Yes you ahve time. But don't wait hurry up, we need not get surprised if they change rules even....
Any way for March 2009 you have only 6 months you have so much work to do like paper adds, etc... so... All the best
somegchuh
07-11 07:08 PM
It took a little over 3 months for my H1 to get renewed but I wouldn't base anything on this. Its govt... if they feel like working they will approve yours in 3 weeks and if they don't you can read Bose's issue. I have lost all respect for functioning of govt.
natrajs
08-21 05:36 PM
Just Wait, Nothing You can do!
