buehler
12-12 05:10 PM
Hi,
The last time I came back into this country, I used my AP as I didn't have my H1 stamped. My H1 is valid till 2010.
My EAD expired last month and my bumbling lawyer did not send in the I-485 copy and hence there was an RFE. So I still do not have an EAD approval.
Would it be safe to get paid this month or should I have my company process this month's salary after I get my EAD approved?
Siva
The last time I came back into this country, I used my AP as I didn't have my H1 stamped. My H1 is valid till 2010.
My EAD expired last month and my bumbling lawyer did not send in the I-485 copy and hence there was an RFE. So I still do not have an EAD approval.
Would it be safe to get paid this month or should I have my company process this month's salary after I get my EAD approved?
Siva
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texcan
02-13 02:41 PM
no replies? cant believe i am the only one in this situation :)
please fix your profile, it helps others and helps you get right answers too given everything is context sensitive.
I did contemplate not filing for AP and keeping h1 and infact planned to get stamping; but after long thoughts i let it go. I figured not filing AP is not worth the risk.
IMO you should get AP and then travel, you sure can go for h1 stamping.
HTH
please fix your profile, it helps others and helps you get right answers too given everything is context sensitive.
I did contemplate not filing for AP and keeping h1 and infact planned to get stamping; but after long thoughts i let it go. I figured not filing AP is not worth the risk.
IMO you should get AP and then travel, you sure can go for h1 stamping.
HTH
Project_A
11-15 04:36 PM
Looks like the demand data does not include the backlog at NVC. How does it work? I am not familiar with the process. Any ideas...?
Please see my earlier posting:
Here is the latest snapshot of the backlog of EB applications:
EB1= 7,595 + 2,961 ( at NVC) + new applications.
EB2= 45,573 + 6,738 ( at NVC) + Huge backlog waiting in line.
EB3= 114,442 + 102,395 ( at NVC) + unknown backlog waiting in line.
*NVC stands for National Visa Center.
** Does not include service centers.
* Spillover to EB3 may not happen for several years due to a large number of EB2's waiting to submit their 485 applications.
* Even if spillover occurs, majority of them will go to EB3 Philippines (please See the NVC backlog).
* From the above, assuming no spillover to EB3-I, it would take (56,640 + 20,873)/2600=30 years.
* With spillover (lets say after 5++ years due to the pending EB2�s), it may take another 5 to 7 years to clear the EB3 backlog.
Please see my earlier posting:
Here is the latest snapshot of the backlog of EB applications:
EB1= 7,595 + 2,961 ( at NVC) + new applications.
EB2= 45,573 + 6,738 ( at NVC) + Huge backlog waiting in line.
EB3= 114,442 + 102,395 ( at NVC) + unknown backlog waiting in line.
*NVC stands for National Visa Center.
** Does not include service centers.
* Spillover to EB3 may not happen for several years due to a large number of EB2's waiting to submit their 485 applications.
* Even if spillover occurs, majority of them will go to EB3 Philippines (please See the NVC backlog).
* From the above, assuming no spillover to EB3-I, it would take (56,640 + 20,873)/2600=30 years.
* With spillover (lets say after 5++ years due to the pending EB2�s), it may take another 5 to 7 years to clear the EB3 backlog.
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mk26
12-05 03:27 PM
Can my current company continue my GC even if I transfer my h1 and join another company?
Priority date - May 2007
I-140 Approved - Jun 2008
Waiting for date to be current to file I485 and my current company is ready to continue the GC process even if I transfer my H1 to another company.
Your expert advise will really be a help for me to take decision on this , is it wise to change h1 now?
Priority date - May 2007
I-140 Approved - Jun 2008
Waiting for date to be current to file I485 and my current company is ready to continue the GC process even if I transfer my H1 to another company.
Your expert advise will really be a help for me to take decision on this , is it wise to change h1 now?
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abhijitp
07-04 02:06 AM
Good one!
txh1b
08-18 09:53 AM
Agree with wandmaker.
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Rastogi
06-22 08:01 PM
Two I140 in process with a difference of one years in the priority date (one original and one recently filled substitution with improved PD). Which I-140 should be used for I485. IF PD goes back to retrogration, the substitution would help with a risk of getting reject as well. The original I140 has less risk but if PD goes in retrogration, it might get years to get I-485 approve. Suggestions?
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parablergh
09-06 05:19 AM
it is fine to have both I-485s filed and pending - generally speaking, if one gets approved, USCIS should deny the other (as a LPR you will no longer be eligible to adjust your status to lpr).
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Blog Feeds
11-08 03:30 PM
So is the economic downturn over already, if you look at the recent H1B filings it may well be the case. United States Citizenship and Immigration Services (USCIS) has updated its periodic count of FY2010 H-1B cap (http://www.h1b.biz/lawyer-attorney-1137085.html) filings, revealing that there has been a significant increase in the rate of filings during the month of October 2009. USCIS has stated that it has received a sufficient number of petitions to use all of the available 20,000 H-1B numbers that are reserved for individuals with advanced degrees from U.S. colleges or universities, which means that the "advanced degree" H-1B cap for FY2010 has been reached. H-1Bs for individuals with advanced degrees from U.S. colleges or universities can still be filed, but those petitions will now count toward the general H-1B cap of 65,000.
Around 6,200 cap-subject H-1B (http://www.h1b.biz/lawyer-attorney-1137085.html) petitions were filed in October 2009. This is a significant number, especially when compared to the only 1,500 filings received by USCIS in September 2009. In total, as of October 25, 2009, approximately 52,800 H-1B petitions that count against the congressionally-mandated 65,000 limit have been received by USCIS. This leaves only around 12,000 H-1B cap numbers for FY2010, without taking into account the 6,800 H-1B cap numbers that are reserved for nationals of Chile and Singapore. If all 6,800 of these "reserved" numbers are removed from the 65,000 cap along with the 52,800 H-1B cap petitions already received, there are only around 5,400 FY2010 H-1B cap numbers remaining.
As a practical matter, USCIS will likely accept well more than 5,400 additional cap cases in FY2010, as the number of cases USCIS will accept anticipates that a certain number of filings will be withdrawn or denied. Additionally, nowhere near the full 6,800 Chile/Singapore numbers have historically been actually used by nationals of Chile or Singapore. Thus, most of those numbers are applied by USCIS to the general 65,000 cap.
While USCIS is still accepting H-1B petitions for FY 2010, the recent jump in filing means that by mid December or so we will have no Visas left. My advice go ahead and file now.
More... (http://www.visalawyerblog.com/2009/11/h1b_visa_lawyer_advanced_degre_1.html)
Around 6,200 cap-subject H-1B (http://www.h1b.biz/lawyer-attorney-1137085.html) petitions were filed in October 2009. This is a significant number, especially when compared to the only 1,500 filings received by USCIS in September 2009. In total, as of October 25, 2009, approximately 52,800 H-1B petitions that count against the congressionally-mandated 65,000 limit have been received by USCIS. This leaves only around 12,000 H-1B cap numbers for FY2010, without taking into account the 6,800 H-1B cap numbers that are reserved for nationals of Chile and Singapore. If all 6,800 of these "reserved" numbers are removed from the 65,000 cap along with the 52,800 H-1B cap petitions already received, there are only around 5,400 FY2010 H-1B cap numbers remaining.
As a practical matter, USCIS will likely accept well more than 5,400 additional cap cases in FY2010, as the number of cases USCIS will accept anticipates that a certain number of filings will be withdrawn or denied. Additionally, nowhere near the full 6,800 Chile/Singapore numbers have historically been actually used by nationals of Chile or Singapore. Thus, most of those numbers are applied by USCIS to the general 65,000 cap.
While USCIS is still accepting H-1B petitions for FY 2010, the recent jump in filing means that by mid December or so we will have no Visas left. My advice go ahead and file now.
More... (http://www.visalawyerblog.com/2009/11/h1b_visa_lawyer_advanced_degre_1.html)
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Jimi_Hendrix
11-11 01:09 PM
You should join your state chapter through the IV forums. State Chapter volunteers should plan to contact local politicians and meet them face to face. Nothing is more powerful than visiting face to face and impressing upon politicians how important this issue is.
But again mailing is also a great idea. I have the following link for House Representatives who got elected recently:
http://asp.usatoday.com/news/politicselections/vote2006/NationalElectionResultsByStateCounty.aspx?sp=CA&oi=H&rti=G&&tf=l
USATODAY.com
You can look up their contact information at
http://www.house.gov/writerep/
Senate has always backed us. It is the house that has stonewalled us for last two years. So I tend to believe it is better to contact House Reps
But again mailing is also a great idea. I have the following link for House Representatives who got elected recently:
http://asp.usatoday.com/news/politicselections/vote2006/NationalElectionResultsByStateCounty.aspx?sp=CA&oi=H&rti=G&&tf=l
USATODAY.com
You can look up their contact information at
http://www.house.gov/writerep/
Senate has always backed us. It is the house that has stonewalled us for last two years. So I tend to believe it is better to contact House Reps
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ujayra01
07-18 04:38 PM
Hello Gurus,
My wife is on H4 since 2004 and we filed H1 (Jan. 2007) and her H1 status is pending at this moment. I am about to file 485 (July 2007 current bulletin) very soon.
I have mentioned that she is on H4 in the I485 related docs. I thought her H4 becomes invalid ONLY after H1 is APPROVED. Is this correct? Please let me know.
Thanks for your help.
My wife is on H4 since 2004 and we filed H1 (Jan. 2007) and her H1 status is pending at this moment. I am about to file 485 (July 2007 current bulletin) very soon.
I have mentioned that she is on H4 in the I485 related docs. I thought her H4 becomes invalid ONLY after H1 is APPROVED. Is this correct? Please let me know.
Thanks for your help.
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GCKaIntezar
01-15 03:08 PM
Thanks for setting this up Anurakt. I'll be calling-in.
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sandy74us
06-22 07:30 PM
Hi all, could U pls. refer a good immigration lawyer in the tristate (NY/NJ/CT) area. Thank u.
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cchaitu
03-18 12:10 PM
I also had two LUD's after I submitted the AR-11 form. It took two days more after I submitted the AR-11 form
Karthik
I also got LUD once I have submitted AR 11 but I only has LUD on my I765, I131 not on I485, But I did received confirmation from USCIS that my address got changed for pending App (i.e. 485)..Should I be worried...since I didnt get any LUD on 485....Please help
Karthik
I also got LUD once I have submitted AR 11 but I only has LUD on my I765, I131 not on I485, But I did received confirmation from USCIS that my address got changed for pending App (i.e. 485)..Should I be worried...since I didnt get any LUD on 485....Please help
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abcd_1234
05-30 09:23 AM
Hi
I got selected in the lottery this year 2009 for H1. I filed it through a consultant in US. I am currently in India and waiting for I-797. Some quick questions :
1. If a MNC in US is ready to offer me a job, when is the earliest, the H1 can get transferred ?. is it possible to get the H1 transferred before I get it stamped in India itself ? (before October).
2. If the above is not possible, when is it possible to transfer the H1 ?.
3. Is it necessary I work with the consultant, before I can get my H1 transferred?.
I got selected in the lottery this year 2009 for H1. I filed it through a consultant in US. I am currently in India and waiting for I-797. Some quick questions :
1. If a MNC in US is ready to offer me a job, when is the earliest, the H1 can get transferred ?. is it possible to get the H1 transferred before I get it stamped in India itself ? (before October).
2. If the above is not possible, when is it possible to transfer the H1 ?.
3. Is it necessary I work with the consultant, before I can get my H1 transferred?.
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loudobbs
09-25 11:32 AM
I think interfiling is when you can 'attach' a second I140 with your 485 to capture an earlier PD or change categories
from EB3 to EB2...
Hello, I need your advice here. I have an old LCA, priority date 03/2003 that was stuck in the backlog center untill last week. Also, I applied through PERM for a new LCA that was approved and was able file I485 in July this year, just got the receipt numbers.
The new LCA has the priority date 04/2006 and is for an upgraded position. I heard that I might "interfile" and be able use the old priority date with the already submitted I485. Would you guys have any suggestions about it?. Any information that might help me?. Hopefully somebody outhere can help.
Thanks,
Valy
from EB3 to EB2...
Hello, I need your advice here. I have an old LCA, priority date 03/2003 that was stuck in the backlog center untill last week. Also, I applied through PERM for a new LCA that was approved and was able file I485 in July this year, just got the receipt numbers.
The new LCA has the priority date 04/2006 and is for an upgraded position. I heard that I might "interfile" and be able use the old priority date with the already submitted I485. Would you guys have any suggestions about it?. Any information that might help me?. Hopefully somebody outhere can help.
Thanks,
Valy
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cr52401
10-03 08:07 AM
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ChalapathiChitturi
07-22 03:23 AM
I got my I-140 (EB3) approved with the priority date of November-2004.
I applied another Labor (EB2) in Feb 2007. When applygin for I-140 for this labor, my lawyer forgot to use the approved I-140 for getting the old priority date (Nov 2004 priority). So, I got the I-140 approval for EB2 case with Feb 2007 Priority date.
Now, can the lawyer change the priority date on the I-140 (EB2) to Nov 2004 using the previous I-140.
I applied another Labor (EB2) in Feb 2007. When applygin for I-140 for this labor, my lawyer forgot to use the approved I-140 for getting the old priority date (Nov 2004 priority). So, I got the I-140 approval for EB2 case with Feb 2007 Priority date.
Now, can the lawyer change the priority date on the I-140 (EB2) to Nov 2004 using the previous I-140.
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amitjoey
04-05 04:12 PM
I have sent an e-mail requesting the call number
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imcdude
09-15 08:28 AM
Given that you filed in Dec 2002, it is very possible that your labor petition has already been certified or at least adjudicated.
You need to talk to your company/HR and get this resolved. Impress on them the importance of knowing the status of your petition.
You need to talk to your company/HR and get this resolved. Impress on them the importance of knowing the status of your petition.
eb3_nepa
05-27 03:26 PM
I tried and tried but could NOT get through to Sen Specter's DC office. I have however contacted Sen Casey's office and spoke to the Gentleman there.
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