roseball
02-09 03:20 PM
Roseball,
I dont think The Successor of Interest petition would be necessary as his employer is the company who acquired the other compnay. If it was the other way around then the Successor of Interest petition would have been a necessity.
HRPRO
Yes, you are right. I thought it was the other way around. Thanks for correcting. A new LCA should be enough.
I dont think The Successor of Interest petition would be necessary as his employer is the company who acquired the other compnay. If it was the other way around then the Successor of Interest petition would have been a necessity.
HRPRO
Yes, you are right. I thought it was the other way around. Thanks for correcting. A new LCA should be enough.
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martinvisalaw
07-31 05:39 PM
My AP has expired in Jan 09. I am NOT planing to go out. My question is what do I have to do after I-94 date of oct 21 09 is past. Will it make me out of status?
It's complicated. You are not in any defined "status", but you are authorized to stay while you have an adjustment of Status pending. You are not authorized to work or travel, however - you need the EAD and AP for that, if you don't have H-1B or other nonimmigrant status.
It's complicated. You are not in any defined "status", but you are authorized to stay while you have an adjustment of Status pending. You are not authorized to work or travel, however - you need the EAD and AP for that, if you don't have H-1B or other nonimmigrant status.
rkm
07-17 06:34 PM
Thanks again for all the IV support....Great news...
Thank you very much Pappu, Logic Life and IV core members..
Your great effort brought us this great news and relief
Thank you very much Pappu, Logic Life and IV core members..
Your great effort brought us this great news and relief
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gjoe
10-10 04:18 PM
Marry me...i like funny people......
/thread
How did you know Kumar1 has an earlier PD than yours? :):p
/thread
How did you know Kumar1 has an earlier PD than yours? :):p
more...
ramhs
02-06 07:43 PM
I was reading through a thread here where someone said that since LC substition will be banned soon and 140 will have to be applied within 45 days of labor approval else LC becomes invalid, so it would not be possible to transfer the priority date of a old LC which has I140 approved to a new LC that could be filed in another category since it would be more than 45 days since the old LC was approved. Is this true, if yes, this is the final blow to those apirants in Eb3 aspiring to transfer PD by reapplying in Perm Eb2 and transferring PD based on approved I140. Please respond with comments. Thanks.
GCapplicant
07-11 10:22 AM
Its nice to see EB2 I moving forward...but will this fail the recapture bill for retrogressed countries?
what is the position for EB3 ?I know it must have become a dumb question but would like to know any help for us?
what is the position for EB3 ?I know it must have become a dumb question but would like to know any help for us?
more...
sparkle1
03-24 08:37 AM
Hi,
I've been in US for over a year on my L1b Visa. Last year i applied for my H1B visa and got through in the loottery. My Visa became effective Oct08. I still have net left my L1 company and nor have got my H1B Visa stamped. Its been 6 months since the VISA is effective. What should I do now, Im not getting jobs outside and also the L1 company is more secure from the job perspective. Should I just revoke my H1B or is it ok to live in the US like this?
Thanks
I've been in US for over a year on my L1b Visa. Last year i applied for my H1B visa and got through in the loottery. My Visa became effective Oct08. I still have net left my L1 company and nor have got my H1B Visa stamped. Its been 6 months since the VISA is effective. What should I do now, Im not getting jobs outside and also the L1 company is more secure from the job perspective. Should I just revoke my H1B or is it ok to live in the US like this?
Thanks
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chumki
12-17 03:46 PM
Got laid off but found a new job and working on EAD.
Status :
I-485 pending over 180 days
I-140 approved and employer will not revoke I-140 and I-485
Received EAD and AP.
Question is now:
1. Do I MUST send a AC-21 Job Portability MEMO to USCIS with the new employer info and job details ?
2. Or, Do i just do nothing for now and will send USCIS a Portability Memo ONLY-IF they issue a RFE?
3. What are the advantage and disavantage of sending a Portability Memo to USCIS after I-485 is pending for 180 days and I-140 approved with previous employer?
I am very confused.
Status :
I-485 pending over 180 days
I-140 approved and employer will not revoke I-140 and I-485
Received EAD and AP.
Question is now:
1. Do I MUST send a AC-21 Job Portability MEMO to USCIS with the new employer info and job details ?
2. Or, Do i just do nothing for now and will send USCIS a Portability Memo ONLY-IF they issue a RFE?
3. What are the advantage and disavantage of sending a Portability Memo to USCIS after I-485 is pending for 180 days and I-140 approved with previous employer?
I am very confused.
more...
aranya
07-03 06:27 PM
What if previous employer withdraws approved I140 after changing jobs? In my case it has been more than 180 days after approval of 140/485. Is the PD still portable?
YES
YES
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praveenmoluguri
09-20 04:24 PM
My 140 was received at TSC on 23 APR 2007. I also have an lud 08/05 which is a sunday.
does anybody see a pattern.
does anybody see a pattern.
more...
kondur_007
09-22 05:13 PM
hi,
Thank you all for your reply.
I have no intension of leaving the company, the mgmt is asking me to take the pay cut at this time and they will pay me back after 1 year. so i don't see any issues like they are not willing to pay or anything. I was just trying to get an idea whether this might effect on the green card or not? like, you should get the salary mentioned on file atleast for next 6 month.
Thank you again for all replies.
You will be just fine. Neither you nor your company will have any problem.
Take it easy and relax.
Good Luck.
Thank you all for your reply.
I have no intension of leaving the company, the mgmt is asking me to take the pay cut at this time and they will pay me back after 1 year. so i don't see any issues like they are not willing to pay or anything. I was just trying to get an idea whether this might effect on the green card or not? like, you should get the salary mentioned on file atleast for next 6 month.
Thank you again for all replies.
You will be just fine. Neither you nor your company will have any problem.
Take it easy and relax.
Good Luck.
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logiclife
06-02 05:35 PM
IV on Bay Area TV - FOX-2 (KTVU)
Pratik Dakwala of Immigration Voice was interviewed by KTVU, a local Fox affiliate of San Francisco Bay area. The name of the interviewer was Priya David.
The program will be telecast between 5PM and 6PM Pacific standard time and the interview is about 5-6 minutes long.
Dont live in Bay area:
If you dont live in San Francisco/San Jose area, you can see the link that they would upload on website : http://www.ktvu.com/index.html. We will post the link here once available.
If you live in San Francisco/Bay area:
This will be probably available only in Bay Area and nearby areas where they can have KTVU Fox-2. The good thing is, since this is a local channel, I dont think you need cable to see this. However, if you do have cable I am sure you can see it, but then I am not sure whether it will be channel 2 or some other channel.
This is one more media coverage event in the series of events that has helped immigration voice highlight the problems of legal employment-based immigrants. Other media stories that covered Immigration Voice can be found here(also a menu item on home page): IV in the News (http://www.immigrationvoice.org/index.php?option=com_weblinks&catid=19&Itemid=27)
Thanks.
Pratik Dakwala of Immigration Voice was interviewed by KTVU, a local Fox affiliate of San Francisco Bay area. The name of the interviewer was Priya David.
The program will be telecast between 5PM and 6PM Pacific standard time and the interview is about 5-6 minutes long.
Dont live in Bay area:
If you dont live in San Francisco/San Jose area, you can see the link that they would upload on website : http://www.ktvu.com/index.html. We will post the link here once available.
If you live in San Francisco/Bay area:
This will be probably available only in Bay Area and nearby areas where they can have KTVU Fox-2. The good thing is, since this is a local channel, I dont think you need cable to see this. However, if you do have cable I am sure you can see it, but then I am not sure whether it will be channel 2 or some other channel.
This is one more media coverage event in the series of events that has helped immigration voice highlight the problems of legal employment-based immigrants. Other media stories that covered Immigration Voice can be found here(also a menu item on home page): IV in the News (http://www.immigrationvoice.org/index.php?option=com_weblinks&catid=19&Itemid=27)
Thanks.
more...
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Sri_
09-27 03:46 PM
Whoever has already attended FP, did the FP officer ask for 485 receipt also along with FP Notice.
I received FP Notice, but didnot receive receipts. I have the FP appointment tomorrow.
Thanks
I received FP Notice, but didnot receive receipts. I have the FP appointment tomorrow.
Thanks
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raydon
09-30 01:55 AM
The processing times for I-140 applications in the TSC show no change since the last update. Are there any changes in the NSC processing times ?
I haven't been following the I-485 times for a while since my priority date (EB3/ Mar 2004) is not current and I'm more keen on the I-140 approval for now.
I haven't been following the I-485 times for a while since my priority date (EB3/ Mar 2004) is not current and I'm more keen on the I-140 approval for now.
more...
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cdeneo
03-26 10:05 PM
Update for anyone who would find this useful -
I sent my app using USPS express mail (next day delivery) with online tracking/delivery confirmation. No issues with delivery to PO BOX.
I sent my app using USPS express mail (next day delivery) with online tracking/delivery confirmation. No issues with delivery to PO BOX.
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rsayed
04-30 03:09 PM
I was also taken aback initially when I read this. The 8 year wait doesnt apply to title 5. Title 5 already is designed to clear the backlog of EB immigration from 6 years to 0/at best minimum since quota is increased and there are exemptions. The 8 year backlog refers to family based.
...Now, THAT was quite a scare! Thx. for the clarification.
...Now, THAT was quite a scare! Thx. for the clarification.
more...
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msyedy
01-10 02:06 PM
Hey BacktoSchool
If you have EB3 2002 labor approved( I have not seen that in your post) now.
If the above statement is true, then File another labor in EB2 through perm which will be approved in 6 months.
Get I-140 of both EB3 and EB2 labor approved via premium.
USE EB3 priority with the EB2 labor, that means you can file for I-485 and get EAD because the proprity date EB2 category is accepting is Jan-2003 and your priority is June 2002.
Think on this, ask your employer and lawyer, couple of my friends are doing this.
In max six months time you will be eligible for I-485
If you have EB3 2002 labor approved( I have not seen that in your post) now.
If the above statement is true, then File another labor in EB2 through perm which will be approved in 6 months.
Get I-140 of both EB3 and EB2 labor approved via premium.
USE EB3 priority with the EB2 labor, that means you can file for I-485 and get EAD because the proprity date EB2 category is accepting is Jan-2003 and your priority is June 2002.
Think on this, ask your employer and lawyer, couple of my friends are doing this.
In max six months time you will be eligible for I-485
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ujjvalkoul
01-30 06:02 PM
How does this effect anyone applying for DL..
http://a257.g.akamaitech.net/7/257/2422/01jan20081800/edocket.access.gpo.gov/2008/08-140.htm
Are we going to get temporary DLs from now on?
Can someone confirm? I know IV is following up with MI state Attorney Generals office, but from reading the ruling the validity of the license is not clear.
Here is a response to a comments by DHS..Looks like for most of us whose i94 will be expired but have filed an application like 485 whic is pending..hence the lawful end date of stay is indeterminate - the license will be 1 year only...bummer
------------------------------------------------------------------------
Comment: Numerous States expressed concern that the current
processing time involved in USCIS review of applications for various
immigration statuses impacted by REAL ID will result in a large number
of applicants who wish to renew their licenses but their applications
to extend their status has not been acted on by USCIS within the year.
Two States suggested that States issue interim documents that would be
valid for very short periods until an applicant receives his or her
permanent document demonstrating lawful status. Another commenter
suggested that such an interim card be based on the applicant's visa
until authorization is received and verified through SAVE, which should
be programmed to contact the querying State when there is an updated
applicant status. One commenter recommended that the rule allow States
to use a license expiration date 90 days beyond the expiration date of
the immigration document to allow for USCIS processing of applications
to extend lawful status. Commenters said that individuals in certain
statuses will not be able to comply with the requirement to present
documentation showing extended lawful status upon renewal because in
most cases, their statuses will not have been extended but merely
continued.
Response: Again, State DMVs will use the SAVE system, and not
particular documentation, to determine that the license applicant is in
lawful status. An application that is properly filed with USCIS
entitles the person to remain in lawful status beyond the period listed
on the person's Form I-94 or other immigration document, that
information is reflected in the SAVE system. Thus, aliens in these
situations would be able to obtain REAL ID-compliant licenses and
States would not have to add any additional processes with USCIS.
http://a257.g.akamaitech.net/7/257/2422/01jan20081800/edocket.access.gpo.gov/2008/08-140.htm
Are we going to get temporary DLs from now on?
Can someone confirm? I know IV is following up with MI state Attorney Generals office, but from reading the ruling the validity of the license is not clear.
Here is a response to a comments by DHS..Looks like for most of us whose i94 will be expired but have filed an application like 485 whic is pending..hence the lawful end date of stay is indeterminate - the license will be 1 year only...bummer
------------------------------------------------------------------------
Comment: Numerous States expressed concern that the current
processing time involved in USCIS review of applications for various
immigration statuses impacted by REAL ID will result in a large number
of applicants who wish to renew their licenses but their applications
to extend their status has not been acted on by USCIS within the year.
Two States suggested that States issue interim documents that would be
valid for very short periods until an applicant receives his or her
permanent document demonstrating lawful status. Another commenter
suggested that such an interim card be based on the applicant's visa
until authorization is received and verified through SAVE, which should
be programmed to contact the querying State when there is an updated
applicant status. One commenter recommended that the rule allow States
to use a license expiration date 90 days beyond the expiration date of
the immigration document to allow for USCIS processing of applications
to extend lawful status. Commenters said that individuals in certain
statuses will not be able to comply with the requirement to present
documentation showing extended lawful status upon renewal because in
most cases, their statuses will not have been extended but merely
continued.
Response: Again, State DMVs will use the SAVE system, and not
particular documentation, to determine that the license applicant is in
lawful status. An application that is properly filed with USCIS
entitles the person to remain in lawful status beyond the period listed
on the person's Form I-94 or other immigration document, that
information is reflected in the SAVE system. Thus, aliens in these
situations would be able to obtain REAL ID-compliant licenses and
States would not have to add any additional processes with USCIS.
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WeldonSprings
05-18 06:51 PM
This lawsuit is about the 140000 visas been given out each year and in years 2008 and 2009.
There have been many people who received GCs in 2008 and 2009 in EB2 without regard to Priority number. Check Visa Bulletins from August 2008 and September 2008. People from 2006 were given GCs over 2004 and there was total chaos.
This lawsuit is to bring justice to the last three years of absolute anarchy.
This lawsuit is to bring in line how this 140000 number is distributed. How does processing of I-485s take place in USCIS.
I think Indian EB3 will join shortly.
Guys,
This is a very positive development. Chinese are suing based on EB3 China visas used in 2008 & 2009 which were 2058 and 1077 respectively. Which are far less than 2500 that the law actually allows without spillover. This is awesome. Go Chinese friends!
Pappu sir,
Do we (EB3I) know the number of applicants who were approved green card from EB3 I in the last three years? I suspect that the same would have happened here too. We need to also follow (Law) suit.
There have been many people who received GCs in 2008 and 2009 in EB2 without regard to Priority number. Check Visa Bulletins from August 2008 and September 2008. People from 2006 were given GCs over 2004 and there was total chaos.
This lawsuit is to bring justice to the last three years of absolute anarchy.
This lawsuit is to bring in line how this 140000 number is distributed. How does processing of I-485s take place in USCIS.
I think Indian EB3 will join shortly.
Guys,
This is a very positive development. Chinese are suing based on EB3 China visas used in 2008 & 2009 which were 2058 and 1077 respectively. Which are far less than 2500 that the law actually allows without spillover. This is awesome. Go Chinese friends!
Pappu sir,
Do we (EB3I) know the number of applicants who were approved green card from EB3 I in the last three years? I suspect that the same would have happened here too. We need to also follow (Law) suit.
wandmaker
07-19 04:01 AM
Just wanted to share our 7th year H-1B extension stamping in Chennai on July 15th. Since my I-140 was approved, the I-797 petition was approved for 3 years. My family (wife and daughter) attended the interview along with me. The procedure for H-1B extension/renewal is much easier in Chennai compared to first time stampers. There is a separate counter for renewals and the interview procedure is quite simple. After the initial screening of documents, we went to a separate renewal counter which did not have any queue.
The VO just asked some questions about my nature of the job and how long I have been with my company. FYI, my company is a major reputed IT Foreign MNC. My family was not asked any questions. We did not have any PIMS delays and I got the passport couriered the very next day itself. The petition was approved a month before the stamping. Overall it is a much streamlined process for H-1B visa extensions/renewals.
Thanks MP70
Thanks for sharing, Nice to know there is a separate counter for H1B revalidation. Enjoy your rest of the vacation.
The VO just asked some questions about my nature of the job and how long I have been with my company. FYI, my company is a major reputed IT Foreign MNC. My family was not asked any questions. We did not have any PIMS delays and I got the passport couriered the very next day itself. The petition was approved a month before the stamping. Overall it is a much streamlined process for H-1B visa extensions/renewals.
Thanks MP70
Thanks for sharing, Nice to know there is a separate counter for H1B revalidation. Enjoy your rest of the vacation.
atlfp
04-08 02:44 PM
Thanks for the effort. Obviously it is not their interest to release the data, that's why we need to figure out a way to force them to discose such data. I think it's possible to get a court order to request such data.
If you look at the visa bulletin, you can be absolutely sure they are not seriously counting EB3 numbers. There is no description/predictions or whatsoever on EB3 category, which means they have no solid data to support their EB3 cut off data. They are just waiting for the 245i flood to come.
Atlfp,
I have had several conversations with the staff of the CIS Ombudsman on this issue. Believe it or not, DOS has been resisting official efforts to release these figures. Just last week I also talked to the Office of Communications at USCIS about this issue -- no promises have been made but it is an on-going battle.
Also, if you are familiar with the tables in the Yearbook of Immigration Statistics -- those are aggregated tables -- this year (FY 05) for the first time there was a limited release that showed us EB subcategory approvals by country. Such data exists for every year and every table in the Yearbook of Immigration Statistics but is not released to the public -- why? Because the Yearbook tables have been done a certain way since kingdom come. We are also trying to change that.
So yes, we are trying, but it seems to me that it is not in the interest of an inefficient organization to cast light on the nature of its inefficiencies.
Will keep members posted on this.
best,
Berkeleybee
If you look at the visa bulletin, you can be absolutely sure they are not seriously counting EB3 numbers. There is no description/predictions or whatsoever on EB3 category, which means they have no solid data to support their EB3 cut off data. They are just waiting for the 245i flood to come.
Atlfp,
I have had several conversations with the staff of the CIS Ombudsman on this issue. Believe it or not, DOS has been resisting official efforts to release these figures. Just last week I also talked to the Office of Communications at USCIS about this issue -- no promises have been made but it is an on-going battle.
Also, if you are familiar with the tables in the Yearbook of Immigration Statistics -- those are aggregated tables -- this year (FY 05) for the first time there was a limited release that showed us EB subcategory approvals by country. Such data exists for every year and every table in the Yearbook of Immigration Statistics but is not released to the public -- why? Because the Yearbook tables have been done a certain way since kingdom come. We are also trying to change that.
So yes, we are trying, but it seems to me that it is not in the interest of an inefficient organization to cast light on the nature of its inefficiencies.
Will keep members posted on this.
best,
Berkeleybee
