paulinasmith
08-10 09:05 PM
I am an EB3 applicant with PD of Sep 2004. I have an EAD but I haven't used it yet. I am still on H1-B.
I have 12 years of experience and a masters degree and given the hopeless EB3 backlog, I have been looking for other suitable employment opportunities (EB2) for the past few weeks.
I have a few questions for the IV members who have switched to new employers and have successfully ported EB3 to EB2:
1. Should I use my EAD and invoke AC21 to transfer to a new employer or should I ask them to file H1-B transfer.
2. How soon is it reasonable to ask the prospective employer to file EB2 labor? I do not want to blow up an opportunity being unreassonable.
In my mind, I am thinking about asking the employer to file for EB2 labor and use my EAD to start working. This is under the assumption that asking an employer to do H1-B transfer and also file EB2 labor might be too much to ask (expense wise) .
Any suggestions/ advice appreciated.
My employer started green card process in November 2009 and still PERM is not filled with DOL (August 2010).Getting a PERM into DOL system and getting it approved/certified is the biggest hurrdle these days.....
I have 12 years of experience and a masters degree and given the hopeless EB3 backlog, I have been looking for other suitable employment opportunities (EB2) for the past few weeks.
I have a few questions for the IV members who have switched to new employers and have successfully ported EB3 to EB2:
1. Should I use my EAD and invoke AC21 to transfer to a new employer or should I ask them to file H1-B transfer.
2. How soon is it reasonable to ask the prospective employer to file EB2 labor? I do not want to blow up an opportunity being unreassonable.
In my mind, I am thinking about asking the employer to file for EB2 labor and use my EAD to start working. This is under the assumption that asking an employer to do H1-B transfer and also file EB2 labor might be too much to ask (expense wise) .
Any suggestions/ advice appreciated.
My employer started green card process in November 2009 and still PERM is not filled with DOL (August 2010).Getting a PERM into DOL system and getting it approved/certified is the biggest hurrdle these days.....
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skdskd
08-31 01:15 PM
Vote Yes
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snathan
01-22 08:25 PM
I was working for a Company A with whom I recently had my petition extended until this year Aug. Then I got laid off and then changed to Company B in Dec 09. But since then until now which is 6 weeks my current employer (his lawyer) has not filed my H1 to USCIS and going to do it shortly. But then Company A again want to rehire me now. One good thing is my Current I-797 petition is with Company A which is not revoked and is valid. But the bad news is they say I've been out of H1 Status since I left them in Dec and that would be a problem for them and for me to rehire me.
The Options Company A is giving me is to go out and get restamping done based on the current petition I have and agree/confess to Consulate that I was out of H1 status for 6 weeks and was under unauthorized employment (which I did not intent to break law as I only came to know a week back that my new employer has not filed the H1) and ask their forgiveness to come out clean. But under the current H1 weather I really don't want to risk going for restamping is one and revealing that I was out of status for 6 weeks which leave my chances of restamping slim.
So I'm really looking for an answer here from someone who either has went through my situation or someone with experience or a professional advice. Just let me know how can I join back Company A legally without going out of US to restamp?
Ask them to run the pay roll for those six weeks and pay the salary. Then you should be fine as your H1 is not yet revoked.
PS: Check with attorney.
The Options Company A is giving me is to go out and get restamping done based on the current petition I have and agree/confess to Consulate that I was out of H1 status for 6 weeks and was under unauthorized employment (which I did not intent to break law as I only came to know a week back that my new employer has not filed the H1) and ask their forgiveness to come out clean. But under the current H1 weather I really don't want to risk going for restamping is one and revealing that I was out of status for 6 weeks which leave my chances of restamping slim.
So I'm really looking for an answer here from someone who either has went through my situation or someone with experience or a professional advice. Just let me know how can I join back Company A legally without going out of US to restamp?
Ask them to run the pay roll for those six weeks and pay the salary. Then you should be fine as your H1 is not yet revoked.
PS: Check with attorney.
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Eternal_Hope
06-15 04:44 PM
????
The only problem I forsee is that some people think that F-1/OPT is not a dual-intent visa, i.e., one gets a student visa upon expressing their intention of not immigrating. Therefore going from F-1 to H-1B to Green card is the more preferred route. However, some people feel that as a dependent going from F-1 to Green Card is fine.
Hoepfully, others may have a better understanding on this than me.
The only problem I forsee is that some people think that F-1/OPT is not a dual-intent visa, i.e., one gets a student visa upon expressing their intention of not immigrating. Therefore going from F-1 to H-1B to Green card is the more preferred route. However, some people feel that as a dependent going from F-1 to Green Card is fine.
Hoepfully, others may have a better understanding on this than me.
more...
rkat
12-13 02:31 PM
My sincere advice - if u are here currently on a visa then forget about applying for GC..! Complete your education and get ur degree. Then - PACK UR BAGS AND GO TO ANOTHER COUNTRY OR just go back home.! This GC is bussiness is honestly not worth it anymore.!! Sorry if i sound frustrated or disheartening but I'm only being practical & realistic.!
she81
01-09 03:03 PM
--LOL! I understand where you are coming from!! However, in reality, EB3's rear got so far up against the brick wall, it can't move back any further. It can only move forward.
Are there people with EB3 pds in 2000/2001 still waiting in that large number for GCs? I don't think so..
If not any movement, I won't be surprised. If any, it has to go forward for EB3.
I know at least 5 colleagues with early-mid 2001 PDs who applied 485 last year. They're still waiting. Admire their patience.
Are there people with EB3 pds in 2000/2001 still waiting in that large number for GCs? I don't think so..
If not any movement, I won't be surprised. If any, it has to go forward for EB3.
I know at least 5 colleagues with early-mid 2001 PDs who applied 485 last year. They're still waiting. Admire their patience.
more...
xela
06-08 12:45 PM
Anyone heard anything yet?
Supposedly they take a max of 11 weeks but it worries me that I do not even see any LUDs.
I guess it is a waiting game just like everything else with them.
Supposedly they take a max of 11 weeks but it worries me that I do not even see any LUDs.
I guess it is a waiting game just like everything else with them.
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vkxml
06-29 02:59 PM
Hi
I am trying to change my I140 regular to I140 premium by completing the I-907 form, so that it can be sent before July 2nd deadline. However, my employer is not willing to proceed as he has recently received an RFE on I140 for one of other employee; he is working on the necessary documentation for that RFE, At this juncture, he says that escalating my I140 would jeopardice the situation.
Still, I am still not convinced; I want him to push it. Will there be any issues for the organization or for me. Any response would be greatly appreciated.
- VK~XML
I am trying to change my I140 regular to I140 premium by completing the I-907 form, so that it can be sent before July 2nd deadline. However, my employer is not willing to proceed as he has recently received an RFE on I140 for one of other employee; he is working on the necessary documentation for that RFE, At this juncture, he says that escalating my I140 would jeopardice the situation.
Still, I am still not convinced; I want him to push it. Will there be any issues for the organization or for me. Any response would be greatly appreciated.
- VK~XML
more...
satishku_2000
06-03 04:32 AM
Keith Ellison, Congressman from MN was in Milwaukee, WI today.
I had a chance to meet with him on a small gathering for his fund raiser.
He is a member of Judiciary commitee.
We asked him questions on how to become more active in Politics, how Congress works etc etc.
He gave a good example:
He said politicians are like a mom with many kids..one kid is labor union asking for help for their issues, other is teachers union etc etc.
And if one kid is shy and does not say anything then he is not going to get anything.
Point is very simple, Congress needs to heard like crazy from legal Immigrants about issues. So please on Mon during lunch call your congressman every day for next week. Send them faxes, emails etc.
So when they vote they know that what are issues for legal immigrants.
If you don't then you won't get anything. It is that simple.
thanks,
engineer
Hey
buddy nice post , did u get a chance to discuss any of our issues with the congressman?
I had a chance to meet with him on a small gathering for his fund raiser.
He is a member of Judiciary commitee.
We asked him questions on how to become more active in Politics, how Congress works etc etc.
He gave a good example:
He said politicians are like a mom with many kids..one kid is labor union asking for help for their issues, other is teachers union etc etc.
And if one kid is shy and does not say anything then he is not going to get anything.
Point is very simple, Congress needs to heard like crazy from legal Immigrants about issues. So please on Mon during lunch call your congressman every day for next week. Send them faxes, emails etc.
So when they vote they know that what are issues for legal immigrants.
If you don't then you won't get anything. It is that simple.
thanks,
engineer
Hey
buddy nice post , did u get a chance to discuss any of our issues with the congressman?
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sukhyani
10-16 02:01 PM
speaking of SKIL Act, I dont know why I feel pretty optimistic that it might get passed during the lame duck session of Congress. Since December last year (Budget Reconciliation) we have seen House and Senate not agreeing on provisions favorable to us. This time both the chambers have identical bills favoring us. Let's keep our fingures crossed...
more...
Libra
09-14 04:00 PM
Pradhan is being interview on EBC radio....now
Whats the 30,000? I'm not listening
Whats the 30,000? I'm not listening
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gc_lover
06-20 12:24 PM
Hi gc_lover,
Did u get this information from your attorney? My attorney has a different view and tells me we cannot proceed without the actual papers of certification from PBEC.
Also can u check for me what is required if we do not have the certification papers from DOL(like a print out of CERTIFIED status from DOL website) to file
for 140/485. I will try to pursue with my attorney if I get this info.
Thanks.
Case Details
TR PBEC Priority Date : 03/2003 Stauts : CERTIFIED since last week
Waiting for Certification docs. to file 140/485.
Hello,
I got this from immigration-law.com website
=======================================
06/05/2007: I-140 Petitions Ineligible for Premium Processing
Under the regulation, the USCIS is authorized to suspend certain types of I-140 petitions for the premium processing on its website notice. As of now, the following I-140 petitions are not eligible for the premium processing:
1. A second filing of a Form I-140 petition while an initial Form I-140 remains pending;
2. Labor Certification substitution requests; and
3. Duplicate Labor Certification requests (i.e., cases filed without an original labor certification from the Department of labor).
It appears that the third category includes any I-140 petitions filed without the original labor certification regardless of whether they should obtain a duplicate labor certification from the DOL. It also appears that they refuse to process on the premium processing basis the I-140 petitions to request the priority date transfer unless the original labor certification application is filed with the request.
===============================================
You can apply for 140/485 but you cannot go for premium processing. I also know a case who has done this. You do not need any extra documents to file without LC. My lawyer had confirmed this thing. However, I am planning to send print out of website and email I have from BEC.
Yes, you can file without actual LC papers, so don't wait!
Did u get this information from your attorney? My attorney has a different view and tells me we cannot proceed without the actual papers of certification from PBEC.
Also can u check for me what is required if we do not have the certification papers from DOL(like a print out of CERTIFIED status from DOL website) to file
for 140/485. I will try to pursue with my attorney if I get this info.
Thanks.
Case Details
TR PBEC Priority Date : 03/2003 Stauts : CERTIFIED since last week
Waiting for Certification docs. to file 140/485.
Hello,
I got this from immigration-law.com website
=======================================
06/05/2007: I-140 Petitions Ineligible for Premium Processing
Under the regulation, the USCIS is authorized to suspend certain types of I-140 petitions for the premium processing on its website notice. As of now, the following I-140 petitions are not eligible for the premium processing:
1. A second filing of a Form I-140 petition while an initial Form I-140 remains pending;
2. Labor Certification substitution requests; and
3. Duplicate Labor Certification requests (i.e., cases filed without an original labor certification from the Department of labor).
It appears that the third category includes any I-140 petitions filed without the original labor certification regardless of whether they should obtain a duplicate labor certification from the DOL. It also appears that they refuse to process on the premium processing basis the I-140 petitions to request the priority date transfer unless the original labor certification application is filed with the request.
===============================================
You can apply for 140/485 but you cannot go for premium processing. I also know a case who has done this. You do not need any extra documents to file without LC. My lawyer had confirmed this thing. However, I am planning to send print out of website and email I have from BEC.
Yes, you can file without actual LC papers, so don't wait!
more...
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sunny1000
01-02 04:59 PM
My husband, the primary applicant is a temporary non immigrant worker on H1B visa. I have been on an H4 status for the last 6 years since we relocated to the U.S. Our I-485 is on track and continued (visa availability). I've had an EAD for the past 3 years (renewed twice and now valid until 2012) but never used it, until recently...
I used my EAD very briefly and unfortunately had to leave my job due to personal reasons within 3 weeks of joining. Have I lost my H4 Status? What status am I on now? I want to travel to India in Feb-March. What procedure do I need to follow to make it happen. Any suggestions would be appreciated.
Pria
Yes, you have lost your H4 status once you have used the EAD. Currently, you are in the middle of "adjustment of status" (AOS) from a non-immigrant to an immigrant.
In order to travel to India, you can apply for Advance Parole (AP) document, with your current AOS, for travel purposes. It takes approx 3 months to get AP. So, start your application asap.
CAUTION: DO NOT travel WITHOUT your APPROVED Advance Parole in hand or else your GC application is deemed abandoned (no exceptions).
Below is the link for Advance Parole:
USCIS - I-131, Application for Travel Document (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=b11747a55773d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=7d316c0b4c3bf110VgnVCM1000004718190a RCRD)
I used my EAD very briefly and unfortunately had to leave my job due to personal reasons within 3 weeks of joining. Have I lost my H4 Status? What status am I on now? I want to travel to India in Feb-March. What procedure do I need to follow to make it happen. Any suggestions would be appreciated.
Pria
Yes, you have lost your H4 status once you have used the EAD. Currently, you are in the middle of "adjustment of status" (AOS) from a non-immigrant to an immigrant.
In order to travel to India, you can apply for Advance Parole (AP) document, with your current AOS, for travel purposes. It takes approx 3 months to get AP. So, start your application asap.
CAUTION: DO NOT travel WITHOUT your APPROVED Advance Parole in hand or else your GC application is deemed abandoned (no exceptions).
Below is the link for Advance Parole:
USCIS - I-131, Application for Travel Document (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=b11747a55773d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=7d316c0b4c3bf110VgnVCM1000004718190a RCRD)
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vaishnavilakshmi
09-28 07:37 PM
Hi,
Call in the following sequence for typo rectification on any of ur notices.
1-800-375-5283
Press 1 (for english)
Press 2(to skip introduction and go to main menu)
Press2(For case status)
Press 5(if there is any typo in any of the notices/reciepts)
Hope this helps u,
Vaishu
Call in the following sequence for typo rectification on any of ur notices.
1-800-375-5283
Press 1 (for english)
Press 2(to skip introduction and go to main menu)
Press2(For case status)
Press 5(if there is any typo in any of the notices/reciepts)
Hope this helps u,
Vaishu
more...
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Hassan11
03-26 11:34 AM
Thanks Kingkon. I heard the appeal takes no more than a year. but DOL in Atlanta keeps telling my HR manager that they are backlogged. I am not sure what to do.
I had my EB2 LC rejected and the reason that DOL gave was they were not able to contact the employer and/or employer did not respond to their correspondence. Lawyer gave me two option to refile (I will lose PD) or appeal. This was in 2005 when PERM had just started and the lawyers said they did not know how long the appeal process takes in PERM since it was new system. To cut the story short I received the approved LC within 45days of appeal, but my case was a simple one I think. Your case it a bit different but in no case an appeal should take 1.5 years at least in PERM.
I had my EB2 LC rejected and the reason that DOL gave was they were not able to contact the employer and/or employer did not respond to their correspondence. Lawyer gave me two option to refile (I will lose PD) or appeal. This was in 2005 when PERM had just started and the lawyers said they did not know how long the appeal process takes in PERM since it was new system. To cut the story short I received the approved LC within 45days of appeal, but my case was a simple one I think. Your case it a bit different but in no case an appeal should take 1.5 years at least in PERM.
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gc2
09-23 06:45 AM
bump...
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bfadlia
03-18 02:56 PM
would that invalidate the SSN?
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ganguteli
03-27 10:28 AM
Just an idea, if emails or letters doesn't reach Obama...may be IV should consider an open letter to Obama,Congress and Senate by buying space in major news papers
and suggesting the obvious economic benefits(buying homes, home renovations, buying durable goods etc) of speeding legal immigration.
Just one space buy in a major newspaper will cost 10s of thousands of dollars. I think it is a waste of money.
and suggesting the obvious economic benefits(buying homes, home renovations, buying durable goods etc) of speeding legal immigration.
Just one space buy in a major newspaper will cost 10s of thousands of dollars. I think it is a waste of money.
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mambarg
07-27 12:45 PM
If NSC had put all applications from July 2nd to July 17th on hold.
Did they open and timestamp it ? for received date ??????
If they did not , then I may be lucky.
Because my package had signatures and all other dates of June 29th . The day when we were planning to ship the package, but for july fiasco.
Do you guys think ? they might see this and enter it as received date ?
Did they open and timestamp it ? for received date ??????
If they did not , then I may be lucky.
Because my package had signatures and all other dates of June 29th . The day when we were planning to ship the package, but for july fiasco.
Do you guys think ? they might see this and enter it as received date ?
sriwaitingforgc
07-23 10:49 AM
Are we supposed to get every year?? did ur friend apply EAD renewal online ?
Sp�rL
04-23 11:00 AM
Wow top marks on the help there Templarian.
i got the SDL library etc now, and im on my way to getting started :P
w00t!!!
this pixel drawing is a bit crazy though lol.
i got the SDL library etc now, and im on my way to getting started :P
w00t!!!
this pixel drawing is a bit crazy though lol.
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