hopelessGC
11-10 01:26 PM
I'd like to know the answer to this one as well. There are people who have invoked AC-21 and would like to know how they went abou this.
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perm2gc
08-28 05:15 PM
Hi, I have 3 yrs exp. as a software engineer. I have a master's degree . In order to be qualified for EB2, which is better to be put on the job ad, BS+5 or MS+2? Based on my understanding:
BS+5: BS is believed to be qualified enough for the software engineer position. But BS+5 may not be qualified for EB2?
MS+2: Master degree is good for EB2, but wondering if the DoL thinks it is necessary for a SE position.
Could you please give me advice on this? I really appreciate that.
Thanks. SE position is for MS+2 yrs according to the new PERM and you are saying 3 yrs as SE but at the same time you want to files under EB2 with BS+5 yrs...
Your attorney or your employer are good resources to ask..
BS+5: BS is believed to be qualified enough for the software engineer position. But BS+5 may not be qualified for EB2?
MS+2: Master degree is good for EB2, but wondering if the DoL thinks it is necessary for a SE position.
Could you please give me advice on this? I really appreciate that.
Thanks. SE position is for MS+2 yrs according to the new PERM and you are saying 3 yrs as SE but at the same time you want to files under EB2 with BS+5 yrs...
Your attorney or your employer are good resources to ask..
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reverendflash
10-21 03:32 AM
I remember making my wife a "I love You" card for out 5th anniversary (1989) with a Tandy Computer with 1meg of Ram, in some sort of drawing program... :elderly:
Rev:elderly:
Rev:elderly:
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dandy
07-16 11:24 PM
To the best of my knowledge you can not file for AOS while you are on TN . To process your green card you have to switch to your H1B from TN and start your green card as any other national i.e file for your Labor certification, I-140 and then i-485 .This process is same like any other national. All the best.
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gnrajagopal
08-18 11:43 PM
I dont have any changes to status when I check my 485 case status online but today in the mail i received I797c notice welcoming me as a premenant residence. I am a bit hesitant to celebrate, but am I seeing green?:o
Raj
EB2- India [ Oct 2005 @ NSC]
485 filed Aug 2007
Raj
EB2- India [ Oct 2005 @ NSC]
485 filed Aug 2007
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Vic
10-11 12:54 PM
My labor cert priority date is Aug 21, 2006 and my 140 EB2 was filed in Dec 20, 2006 and I received the RFE last week from NSC.
I did complete the masters program but did not have the official certificate in hand. On my certificate and official transcripts - the date of graduation is the day the certificate was issued - which is Jan 2007 - which is the graduation date according to the verbage.
I did complete the masters program but did not have the official certificate in hand. On my certificate and official transcripts - the date of graduation is the day the certificate was issued - which is Jan 2007 - which is the graduation date according to the verbage.
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danu2007
07-14 12:43 AM
It will update on a daily basis..So please keep posting your signatures
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rameshk75
08-15 08:59 AM
Here is my situation:
My sponsoring company 'A' was acquired by company 'B' last month and name changed to company 'B' with B's pay stubs.
Am on H1 now and i applied my 485 in August 2007 with 140 approved in May 2007.
Company B informed me that they informed USCIS regarding the acquisition(i don't what they mean !!).
Questions:
1. How is my green card process proceeds with company 'B'? Should the company 'B' file I140 amendment or is there any thing they have to take care?
2. Can i join with company 'C' by invoking AC21?
Please share your thoughts and experiences.
My sponsoring company 'A' was acquired by company 'B' last month and name changed to company 'B' with B's pay stubs.
Am on H1 now and i applied my 485 in August 2007 with 140 approved in May 2007.
Company B informed me that they informed USCIS regarding the acquisition(i don't what they mean !!).
Questions:
1. How is my green card process proceeds with company 'B'? Should the company 'B' file I140 amendment or is there any thing they have to take care?
2. Can i join with company 'C' by invoking AC21?
Please share your thoughts and experiences.
more...
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kirupa
05-16 10:38 PM
That looks really nice sparky!
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legalrights
08-19 12:27 AM
1) If one files I-140, I-485 and I-765 concurrently with Labor substitution, can he get EAD before the approval of I-140?
******Yes. Mine is a Labor substitution case and I got my EAD within Two months
2) what's the earliest time one can change job and still not loose getting GC while it is in process? Is it after getting EAD or does he has to wait for I-14 to get approved or have I-140 to be pening for more than 6 months?
*******It is not very clear even in the AC21 law. But the safest thing is wait for I-140 approval and 180 days after I-1485 Notice date. Suppose your I-140 is not approved on or before 180 days, then wait. If it is getting approved on 190th day, you can use AC21 on 191th day, from your I-485 Notice date. (180 days from the Receipt date will be fine. But just for extra precaution, use AC21 rule after 180 days from Notice date, which comes later)
******Yes. Mine is a Labor substitution case and I got my EAD within Two months
2) what's the earliest time one can change job and still not loose getting GC while it is in process? Is it after getting EAD or does he has to wait for I-14 to get approved or have I-140 to be pening for more than 6 months?
*******It is not very clear even in the AC21 law. But the safest thing is wait for I-140 approval and 180 days after I-1485 Notice date. Suppose your I-140 is not approved on or before 180 days, then wait. If it is getting approved on 190th day, you can use AC21 on 191th day, from your I-485 Notice date. (180 days from the Receipt date will be fine. But just for extra precaution, use AC21 rule after 180 days from Notice date, which comes later)
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Raj_2009
08-18 11:38 PM
Hi ,
Thanks for your kind advice. I tried to take Infopass now. Shockingly, no appointment is available for August and September. Is there any way that we can get emergency Infopass at Local office?
Thanks,
Raj
Thanks for your kind advice. I tried to take Infopass now. Shockingly, no appointment is available for August and September. Is there any way that we can get emergency Infopass at Local office?
Thanks,
Raj
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PBECVictim
10-06 04:46 PM
Our PD : Dec 22nd 2003, EB2 India. It was pre-adjudicated on Sept 18th 2008.
My petition was approved 4 months back, after calling 100 times USCIS.
In my wife's case we spoke with IO on Sept 4th.
Created Service Request on 5th Sept.
During September 2nd week spoke to IO, IO sent an email to IO who is looking at petition.
During September last week we got Service Request generic response "Wait 180 days" which I have seen 2 times in my case .
On Sept 29th sent 7001 form to Ombudsman. Ombudsman office might have received the application on or before 1st October.
October 2nd 2009 my wife's petition approved.
So if your case is genuine case problem. Don't waste your time calling Immigration officers. Send 7001 form to Ombudsman's office.
My petition was approved 4 months back, after calling 100 times USCIS.
In my wife's case we spoke with IO on Sept 4th.
Created Service Request on 5th Sept.
During September 2nd week spoke to IO, IO sent an email to IO who is looking at petition.
During September last week we got Service Request generic response "Wait 180 days" which I have seen 2 times in my case .
On Sept 29th sent 7001 form to Ombudsman. Ombudsman office might have received the application on or before 1st October.
October 2nd 2009 my wife's petition approved.
So if your case is genuine case problem. Don't waste your time calling Immigration officers. Send 7001 form to Ombudsman's office.
more...
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panky72
06-25 05:07 PM
sure, pls verify with lawyer to be safe
common consensus seems to be -->
if u have a valid/unexpired h1 petition, then even after using AP, u can continue to use the H1 for 'work authorization' ( u dont need to use EAD at the same employer).
But after using AP, officially ur status is 'parolee' and not H1-B. (official status of entry as put on i94 doc)
After using AP, u can further extend ur H1 if u want to -> in this case your status officially changes to H1b from parolee.
After using AP, if u desperately need to get back on H1 (for whatever reason) -> u can either extend ur H1 or amend ur H1, both these will put u back on H1.
Some people also say if u have used AP , but still have a valid h1 petition and desperately want to get back to H1, then u cud go to a consulate abroad, get ur h1 visa stamped and reenter and once again ur officially back on H1 ( seems valid, but i dont know anyone who tried this)
hope this helps...
I agree with bekugc. I had a consultation with my attorney few days ago and he told me essentially the same thing.
common consensus seems to be -->
if u have a valid/unexpired h1 petition, then even after using AP, u can continue to use the H1 for 'work authorization' ( u dont need to use EAD at the same employer).
But after using AP, officially ur status is 'parolee' and not H1-B. (official status of entry as put on i94 doc)
After using AP, u can further extend ur H1 if u want to -> in this case your status officially changes to H1b from parolee.
After using AP, if u desperately need to get back on H1 (for whatever reason) -> u can either extend ur H1 or amend ur H1, both these will put u back on H1.
Some people also say if u have used AP , but still have a valid h1 petition and desperately want to get back to H1, then u cud go to a consulate abroad, get ur h1 visa stamped and reenter and once again ur officially back on H1 ( seems valid, but i dont know anyone who tried this)
hope this helps...
I agree with bekugc. I had a consultation with my attorney few days ago and he told me essentially the same thing.
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test101
07-17 07:42 PM
yeah why bank statment? My attoreny did say anything about tax return either ? are you sureeeeeeeeeeeee?
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ardnahc
08-14 01:45 PM
That's an eternal open question all of us have here :-)
To be honest, I don't know, but based on the what I read, I gathered that it is the notice date. But the bottomline is - we all know - even USCIS knows - ITS RANDOM PROCESSING!!
Thanks
To be honest, I don't know, but based on the what I read, I gathered that it is the notice date. But the bottomline is - we all know - even USCIS knows - ITS RANDOM PROCESSING!!
Thanks
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willIWill
02-03 05:00 PM
That's right.
I think they would have excluded it since the EB2 ROW is current and there is no need to establish a cut-off date.
I think they would have excluded it since the EB2 ROW is current and there is no need to establish a cut-off date.
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priderock
05-15 01:28 PM
Hi, Guys:
My old H-1b will expire on June 30 2007. My employer has applied the new H-1b extension, but it is still pending. I am planning to go back to my country this summer and try to apply for H-1 visa in US embassy in early June. My question is whether I can apply for H-1 visa using the old one (expire on June 30) while the new one is pending. How long will be my H-1 visa valid (usually 3-month in my country)? Will I get 3-month or till the expirating date(June 30)? Can I come back to US? Many thanks.
Did you mean you are going to apply for a new visa stamp in your country ? If yes, your new visa stamp will be valid until June 30. I am not sure I got the 3 moth visa validity part.
When they extend your h1 they give you new I94. If you go to your home country and reenter on the old visa , you get a new I94 valid until june30 only from port of entry. My lawyer cautioned me about this once because your latest I94 (short validity) may be the valid one. I am not sure about this but I remember getting cautioned about traveling while H1B extension application is pending. I had to have my H1 approval mailed to me and show the new extension at the port of entry so that I get a valid I94 with new valid date.
Talk to an Attorney when in doubt.
My old H-1b will expire on June 30 2007. My employer has applied the new H-1b extension, but it is still pending. I am planning to go back to my country this summer and try to apply for H-1 visa in US embassy in early June. My question is whether I can apply for H-1 visa using the old one (expire on June 30) while the new one is pending. How long will be my H-1 visa valid (usually 3-month in my country)? Will I get 3-month or till the expirating date(June 30)? Can I come back to US? Many thanks.
Did you mean you are going to apply for a new visa stamp in your country ? If yes, your new visa stamp will be valid until June 30. I am not sure I got the 3 moth visa validity part.
When they extend your h1 they give you new I94. If you go to your home country and reenter on the old visa , you get a new I94 valid until june30 only from port of entry. My lawyer cautioned me about this once because your latest I94 (short validity) may be the valid one. I am not sure about this but I remember getting cautioned about traveling while H1B extension application is pending. I had to have my H1 approval mailed to me and show the new extension at the port of entry so that I get a valid I94 with new valid date.
Talk to an Attorney when in doubt.
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seubert
09-07 08:52 AM
Hi All,
My I-140 got approved in Texas and my I-485 & EAD filed in Nebraska on July 2nd.
My 485 case has been transferred to Texas.
Yesterday I & my family all got reciepts .
Good thing is status of EAD changed to Card Ordered.
So just relax who all are in the same boat.
Best of luck guys,
Seubert
My I-140 got approved in Texas and my I-485 & EAD filed in Nebraska on July 2nd.
My 485 case has been transferred to Texas.
Yesterday I & my family all got reciepts .
Good thing is status of EAD changed to Card Ordered.
So just relax who all are in the same boat.
Best of luck guys,
Seubert
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saileshdude
10-06 08:58 PM
Ombudsman helps in certain limited circumstances, particularly when an adverse decision by USCIS puts you in emergency situation. Following link should help determine when to contact them:-
DHS | CIS Ombudsman - Case Problems (http://www.dhs.gov/files/programs/editorial_0497.shtm)
Hey Jungalee,
I just sent you a PM. Can you reply to that.
Thanks.
DHS | CIS Ombudsman - Case Problems (http://www.dhs.gov/files/programs/editorial_0497.shtm)
Hey Jungalee,
I just sent you a PM. Can you reply to that.
Thanks.
casinoroyale
06-25 08:37 PM
I used AP thrice and renewed my H1 twice after entering using AP without any issues.
Thanks
nlssubbu, its amazing that you still check IV and answer other's questions. I got my first AP and i travelled once and after coming back renewned my H1B and now i am thinking of applying for AP renewal. Can you please tell me if I can travel while the AP renewal application pending? The instructions in I-131 form says, the application will be abondoned if the person leaves the country after filing I-131.
Thanks
nlssubbu, its amazing that you still check IV and answer other's questions. I got my first AP and i travelled once and after coming back renewned my H1B and now i am thinking of applying for AP renewal. Can you please tell me if I can travel while the AP renewal application pending? The instructions in I-131 form says, the application will be abondoned if the person leaves the country after filing I-131.
GB2India
08-19 01:09 AM
thanks, it is in the same company and is promotion to manager
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