bhagat69
03-06 05:41 PM
Hi, I am actually in a similar boat as you. Though I have an April 2006 PD for EB3 and am now on EAD as well.
Question1: Is it better to try and port my EB3 to EB2 with a different employer. Isn't GC for future employment ? If so, can't I negotiate with another employer and file new labour under EB2 and try and port my priority date from EB3 ? Also, if I do this will my current employer find out ?
Questions2: What is the process for porting EB3 to EB2 without current employer finding out ? What documents are required ? My current employer is not going to give me a copy of my I-140 or my Labour Cert. All I have is the receipt notice of my I-485 filing and my AP/EAD documents.
Questions3: Is it possible that since there are so many India EB2 applicants and fewer India EB3 applicants that it is better to stick with EB3 April 2006 PD ? Dosen't a seperate quota get allocated to EB3 than that which gets allocated to EB2 each year or will EB3 always be behind EB2? Please advise.
I will really appreciate someone who has experience with these issues to advise me on them.
Question1: Is it better to try and port my EB3 to EB2 with a different employer. Isn't GC for future employment ? If so, can't I negotiate with another employer and file new labour under EB2 and try and port my priority date from EB3 ? Also, if I do this will my current employer find out ?
Questions2: What is the process for porting EB3 to EB2 without current employer finding out ? What documents are required ? My current employer is not going to give me a copy of my I-140 or my Labour Cert. All I have is the receipt notice of my I-485 filing and my AP/EAD documents.
Questions3: Is it possible that since there are so many India EB2 applicants and fewer India EB3 applicants that it is better to stick with EB3 April 2006 PD ? Dosen't a seperate quota get allocated to EB3 than that which gets allocated to EB2 each year or will EB3 always be behind EB2? Please advise.
I will really appreciate someone who has experience with these issues to advise me on them.
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vrbest
11-21 08:19 AM
Thanks for the clarification. This helps!
The text is printed on your SSN card based on your visa status at the time of application. EAD is also a temporary status, this also requires a renewal. Hence, you would not be able to "remove" the text from your SSN card until your receive the GC.
The text is printed on your SSN card based on your visa status at the time of application. EAD is also a temporary status, this also requires a renewal. Hence, you would not be able to "remove" the text from your SSN card until your receive the GC.
martinvisalaw
02-18 04:23 PM
My report of the call is here: Law Office of Elaine Martin - immigration news: CIS teleconference today on recent H-1B memo (http://martinvisalaw.blogspot.com/2010/02/cis-teleconference-today-on-recent-h-1b.html)
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aamchimumbai
10-07 05:19 PM
Yes. First I-140 should be cleared for you to port your PD to the second I-140.
I struggled a lot with this stupid PD transfer. Hope this helps.
I struggled a lot with this stupid PD transfer. Hope this helps.
more...
up_guy
08-22 10:27 AM
Well, One of the companies I worked in the past used Morganlewis's service and I heard good reviews. I dint know they attend to individual cases as well.
up_guy, DO you happen to know if they take up individual cases?
crazyAbtUS
I donot think they take individual cases..My new employer uses that firm.
up_guy, DO you happen to know if they take up individual cases?
crazyAbtUS
I donot think they take individual cases..My new employer uses that firm.
darslee
07-07 11:56 AM
I think that is a very good idea....:)
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martinvisalaw
06-08 04:59 PM
OK, now I understand the question. Even after PERM was implemented, the person being substituted on an LC included a new ETA 750B with the I-140. Since you already have a lawyer working on this, it would be better to ask him/her if you need more details.
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IWannaBeHowdy
08-04 08:10 PM
Hello All,
I am currently in H1-B. My GC (EB2) is in progress sponsored by my company.
The I-40 is approved but me and my wife�s I-485 is still pending.
We both got our EADs, but we have never-ever used it. We just applied for it and kept the card.
My wife was also on H1-B through her own employment. She got laid off so she is losing her H1-B. Now I want to apply for her H4 as my dependant. Since she already has an EAD, will applying for H4 nullify the EAD? As I said earlier that she has never used her EAD however she plans to use it when she gets a new job.
Anybody in similar situation? Any remarks or suggestion would be greatly appreciated.
Thanks in Advance.
I am currently in H1-B. My GC (EB2) is in progress sponsored by my company.
The I-40 is approved but me and my wife�s I-485 is still pending.
We both got our EADs, but we have never-ever used it. We just applied for it and kept the card.
My wife was also on H1-B through her own employment. She got laid off so she is losing her H1-B. Now I want to apply for her H4 as my dependant. Since she already has an EAD, will applying for H4 nullify the EAD? As I said earlier that she has never used her EAD however she plans to use it when she gets a new job.
Anybody in similar situation? Any remarks or suggestion would be greatly appreciated.
Thanks in Advance.
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buehler
08-24 07:38 AM
When I view the home page using Firefox, I see a big blank space where the video is supposed to be. It is fine in IE. Am I the only one having trouble? If not core team please look into it.
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07-10 07:33 PM
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immigrationmatters30
07-26 10:02 AM
~~~~
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theshiningsun
05-27 09:40 PM
thx pappu n aruben for ur responses.
pappu, ur link talks abt GC in EB-5 category. is the requirement of $1 mn investment a reqd condition for this? in other words, if an enterprise can generate jobs for 10+ US citizens by investing a lesser amt, is that valid for filing GC under EB-5 category?
thx in advance,
pappu, ur link talks abt GC in EB-5 category. is the requirement of $1 mn investment a reqd condition for this? in other words, if an enterprise can generate jobs for 10+ US citizens by investing a lesser amt, is that valid for filing GC under EB-5 category?
thx in advance,
more...
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chit_chat_joy@yahoo.com
04-14 08:11 PM
I am a UK citizen brought up in India. I am in US now working on H1-B. Since I plan to return to India after few years for good, I decided to apply for OCI(overseas citizens of India)/dual citizenship of India.
I will have to apply for green card after few years to maintain my employee status here in USA.
Now, the question is, will I get privilege if I am UK citizen compared to dual citizen of India when I apply for US green card?
If I get any privilege(like quicker processing time, etc) I will just get a visitor's visa/PIO card of India for now.
Please advice. I am really confused. Thank you.
I will have to apply for green card after few years to maintain my employee status here in USA.
Now, the question is, will I get privilege if I am UK citizen compared to dual citizen of India when I apply for US green card?
If I get any privilege(like quicker processing time, etc) I will just get a visitor's visa/PIO card of India for now.
Please advice. I am really confused. Thank you.
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gurupav
06-26 10:08 AM
Hello ashy15,
I'm in the same situation as you...Mine L1 individual visa will expire by this Sept 2009 and am applying for fresh L1 blanket from my company. Did you get your new L1 blanket visa without any problems? Please reply as it would be of great help to me.
Thanks
Guru
--------------------------------------------------------------------------------
I am currently in the US on L1 Individual visa - my current visa is expiring on the 28st of Feb. My employer filed for a fresh L1 Blanket Visa instead of doing an extension because I had RFE's on i94 extn. My visa interview is on the 23rd of Feb in Canada.
Am I going to have any problems because I did not extend my visa and applied for a fresh one instead?
Any delay due to PIMS? Do I need to check whether my petition number is in PIMS system?
Any information provided is greatly appreciated.
Thanks....Ashy
I'm in the same situation as you...Mine L1 individual visa will expire by this Sept 2009 and am applying for fresh L1 blanket from my company. Did you get your new L1 blanket visa without any problems? Please reply as it would be of great help to me.
Thanks
Guru
--------------------------------------------------------------------------------
I am currently in the US on L1 Individual visa - my current visa is expiring on the 28st of Feb. My employer filed for a fresh L1 Blanket Visa instead of doing an extension because I had RFE's on i94 extn. My visa interview is on the 23rd of Feb in Canada.
Am I going to have any problems because I did not extend my visa and applied for a fresh one instead?
Any delay due to PIMS? Do I need to check whether my petition number is in PIMS system?
Any information provided is greatly appreciated.
Thanks....Ashy
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hybrid101
04-02 10:10 AM
loved the "write a letter to become a mod" april fool joke the best:lol:
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looivy
01-02 09:48 AM
Gurus,
I have my I-140 approved and have a 2 year EAD. I work as a project manager for a financial firm. I am in EB3 India quota. I currently work on H1B.
In case of a job loss what are my options? By that I mean what kind of jobs should I look for on AC21. Also, can you switch multiple employers on AC21.
Pl advise.
Can I have a hiatus between losing job and getting a new one on AC21 or I need to have an offer in hand before using AC21.
Only serious feedback please.
Thanks in advance.
I have my I-140 approved and have a 2 year EAD. I work as a project manager for a financial firm. I am in EB3 India quota. I currently work on H1B.
In case of a job loss what are my options? By that I mean what kind of jobs should I look for on AC21. Also, can you switch multiple employers on AC21.
Pl advise.
Can I have a hiatus between losing job and getting a new one on AC21 or I need to have an offer in hand before using AC21.
Only serious feedback please.
Thanks in advance.
more...
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hibworker
12-07 03:30 PM
They are not liable to pay from the the day application was sent.
Instead, they are liable from the start date they requested on the petition OR the day you are physically in US whichever is later.
In most cases employers request immediate start dates so that the employee can start working as soon as the petition is sent (portability).
Instead, they are liable from the start date they requested on the petition OR the day you are physically in US whichever is later.
In most cases employers request immediate start dates so that the employee can start working as soon as the petition is sent (portability).
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Digitalosophy
08-17 12:47 PM
yea i got some work too, actually built a nice relationship with a cool company. i've also found that some people offering jobs are either full of you know what or they don't pay very well.
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fromnaija
09-23 11:53 AM
The second attorney is correct.
ski_dude12
04-15 12:47 AM
You need to bring more clarity in your questions. Has your GC been approved and you are waiting for it to arrive in mail? or it is still pending approval. You do not need any visa to leave US. You will need it to get back in.
Be more clear in your questions and someone will reply.
Be more clear in your questions and someone will reply.
crystal
08-14 01:51 PM
Keep Visiting IV
It is better to maintain ur F1-status (meaning all that needed to be on F1) atleast till you get receipt number.
(So that there is no need to worry incase ur application gets rejected and you dont get receipr number).
If you are on F1 while applying i-485, There is no clearly defined rules on when your F1 status goes out after aplying I-485.
If you are currently on valid F1 status then you can keep that status if you want to, provided if you obey all F1 rules
In general, If you use I-485 EAD and AP you are almost out of F1-status
http://www.nafsa.org/_/Document/_/nsc-nafsa_open_house.pdf
from above link:
16. What is the guidance regarding adjustment of status and SEVIS maintenance? Until what point must a person maintain F-1 or J-1 status?
A period of authorized stay begins at the time the applicant properly files his/hersection 245 I-485 with CIS. The applicant’s nonimmigrant F-1 or J-1 status should bemaintained at least until their I-485 is properly filed to avoid triggering unlawful presence issues.
more dicussed here
http://immigrationvoice.org/forum/showthread.php?t=12093
It is better to maintain ur F1-status (meaning all that needed to be on F1) atleast till you get receipt number.
(So that there is no need to worry incase ur application gets rejected and you dont get receipr number).
If you are on F1 while applying i-485, There is no clearly defined rules on when your F1 status goes out after aplying I-485.
If you are currently on valid F1 status then you can keep that status if you want to, provided if you obey all F1 rules
In general, If you use I-485 EAD and AP you are almost out of F1-status
http://www.nafsa.org/_/Document/_/nsc-nafsa_open_house.pdf
from above link:
16. What is the guidance regarding adjustment of status and SEVIS maintenance? Until what point must a person maintain F-1 or J-1 status?
A period of authorized stay begins at the time the applicant properly files his/hersection 245 I-485 with CIS. The applicant’s nonimmigrant F-1 or J-1 status should bemaintained at least until their I-485 is properly filed to avoid triggering unlawful presence issues.
more dicussed here
http://immigrationvoice.org/forum/showthread.php?t=12093
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