pragir
07-16 04:35 PM
Has anyone and their spouse both filed for 485s while listing each other as beneficiary as well?
Is this possible?
Is this possible?
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Berkeleybee
03-07 10:38 PM
Glad you got in touch with Jay (logiclife). I will let him respond to these questions.
Thanks,
Berkeleybee
Thanks,
Berkeleybee
rsrikant
10-31 03:43 PM
hey guys,
i apply at tsc on aug 3rd. transferred to vsc.
ead card production ordered 10/22
ead card received 10/27
no email received for approval notice
FP received from tsc 10/29.
i apply at tsc on aug 3rd. transferred to vsc.
ead card production ordered 10/22
ead card received 10/27
no email received for approval notice
FP received from tsc 10/29.
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wellwisher02
04-09 05:39 PM
IV is meant for discussing topics/issues related to employment-based green cards. I am not sure if we can discuss any other extraneous topic here. :confused:
more...
isthereawayout
02-22 12:42 PM
Yes, in my case we wouldn't be using the experience gained with the current employer as I already have the required 1 year experience before joining the employer.
My fear is that DOL/USCIS would come back and say hey you have almost the same requirement for both the positions, why does one require only MS+1 while the other accepts BS+3..
My fear is that DOL/USCIS would come back and say hey you have almost the same requirement for both the positions, why does one require only MS+1 while the other accepts BS+3..
ars01
01-19 08:52 AM
Filed I-140 in October 2006 in EB3 category.
more...
mk26
05-14 12:53 PM
MD counties charge county income tax which is a rip off. Look in VA
Agree with this statement, county tax sucks in MD
Agree with this statement, county tax sucks in MD
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gc4me
02-10 03:04 PM
I have an EB3 LC/I-140 (2003 PD) approved from company X, now if I join company Y and file a new LC in EB2, can I retain my old PD?
Anybody has above experience, please share. Appreciate your responses.
I think if you are applying for differnt catagory then Position need to be different (Eb3- Eb2) and you can carry your old PR date. If you trying to apply PERM with same catagory then you can carry old PR date but can be in Same position, not sure you have withdraw first LC or not, consult few attroney before take any action.
Thanks
Anybody has above experience, please share. Appreciate your responses.
I think if you are applying for differnt catagory then Position need to be different (Eb3- Eb2) and you can carry your old PR date. If you trying to apply PERM with same catagory then you can carry old PR date but can be in Same position, not sure you have withdraw first LC or not, consult few attroney before take any action.
Thanks
more...
gee_see
04-15 10:56 AM
TSC waking up ?
Mallu,
You are next ....
Mallu,
You are next ....
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painful_GC
03-10 07:59 PM
Hi many thanks again..how long does it take in total for COS from H1B to L1B ?? and then to get an EAD ??
more...
koti
10-29 10:30 AM
Few facts that you need to get clear.
1) EB2 / EB3 is not based solely on your education/ experience. It depends on job requirements. If you have MS + 10 Yrs exp but the job is say Level 2 Data Analyst (SQL Developer) then it will not qualify for EB2.
2) You can file GC with same employer if he has a opening that requires MS qualification. You need to have qualification before labor is filed it does not matter if you get it while you were employed. This position should be different from your existing job.
If your employer has a job opening for which he cannot hire a citizen / GC holder then you guys can talk to immigration attorney to see if they can file a new labor for you.
**************
Thanks for the info. Really helpful.
Koti
1) EB2 / EB3 is not based solely on your education/ experience. It depends on job requirements. If you have MS + 10 Yrs exp but the job is say Level 2 Data Analyst (SQL Developer) then it will not qualify for EB2.
2) You can file GC with same employer if he has a opening that requires MS qualification. You need to have qualification before labor is filed it does not matter if you get it while you were employed. This position should be different from your existing job.
If your employer has a job opening for which he cannot hire a citizen / GC holder then you guys can talk to immigration attorney to see if they can file a new labor for you.
**************
Thanks for the info. Really helpful.
Koti
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01-28 04:39 PM
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desi3933
06-27 11:47 AM
I filed my 485 last week and didn't file for EAD. My spouse is filing 485 next week and i will be a dependent in that application. If i apply for EAD in his application, can i use it to invoke AC21 if i have to change job after 6 months under my 485?
I have read here that EAD is not necessary for AC21, but my lawyer said its needed.
EAD is not required for invoking AC-21. If your lawyer says so, then go for second opinion.
Not a legal advice.
----------------------------------
Green Card holder since May 2002
desi3933 at gmail.com
I have read here that EAD is not necessary for AC21, but my lawyer said its needed.
EAD is not required for invoking AC-21. If your lawyer says so, then go for second opinion.
Not a legal advice.
----------------------------------
Green Card holder since May 2002
desi3933 at gmail.com
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gc_kaavaali
07-27 07:17 PM
When applying for H1B did u also apply for change of status? if you did you can start work on H1B from october onwards. If not you have to get out of the country and get it stamped.
I came to USA on L1A through company A in February,2008 and working on L1 A till date.My I-94 is valid till feb,2011.
I filed H1B through company B in April,2007 in India and got approved petition in August,2007. That approved petiton is with my company B in USA.I have not gone for H1 B stamping.
Now I want to switch to H1 B in USA.I was told by my friends that,I can work on H1 B with my approved H1 petition.and I need not to go for H1B stamping.
I need to get visa stamped only if I goto India and to come back USA.
Can I work directly on my H1B petition with out stamping visa?
Incase, stamping is required, Shall I go to canada/Mexico for H1 B visa stamping.
Can I come back to USA with my L1 visa from canada/Mexico incase H1 b visa not issued? or shall I need to go back to India from Canada/mexico it self?
I came to USA on L1A through company A in February,2008 and working on L1 A till date.My I-94 is valid till feb,2011.
I filed H1B through company B in April,2007 in India and got approved petition in August,2007. That approved petiton is with my company B in USA.I have not gone for H1 B stamping.
Now I want to switch to H1 B in USA.I was told by my friends that,I can work on H1 B with my approved H1 petition.and I need not to go for H1B stamping.
I need to get visa stamped only if I goto India and to come back USA.
Can I work directly on my H1B petition with out stamping visa?
Incase, stamping is required, Shall I go to canada/Mexico for H1 B visa stamping.
Can I come back to USA with my L1 visa from canada/Mexico incase H1 b visa not issued? or shall I need to go back to India from Canada/mexico it self?
more...
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LostInGCProcess
03-03 01:22 AM
My answers in Blue....
Thanks SL & Lost in GC process,
Sorry for not being clear in C & D. I am in US. The question I meant to ask is about the the time that I am not physically present in US i.e. If I went for vacction in India for a month, can that one month be included in my H1B1 extension since I was not physically present in US. In other words I would file for 1.1 year extension as opposed to 1 year
Yes, you can recapture the time spent outside the US on your H1b...if thats what you are trying to ask...usually that is done when you are approaching the 6th year on theH1b
One the same topic, a friend of mine got a three year extension post 6 years of H1B. When asked, his lawyer informed, if you have an approved I140 then you are elegible for 3 years extension as opposed to 1 year. Is this true. Can some refer to the right CFR's
Desi3933 has answered
Thanks
Senthil
Thanks SL & Lost in GC process,
Sorry for not being clear in C & D. I am in US. The question I meant to ask is about the the time that I am not physically present in US i.e. If I went for vacction in India for a month, can that one month be included in my H1B1 extension since I was not physically present in US. In other words I would file for 1.1 year extension as opposed to 1 year
Yes, you can recapture the time spent outside the US on your H1b...if thats what you are trying to ask...usually that is done when you are approaching the 6th year on theH1b
One the same topic, a friend of mine got a three year extension post 6 years of H1B. When asked, his lawyer informed, if you have an approved I140 then you are elegible for 3 years extension as opposed to 1 year. Is this true. Can some refer to the right CFR's
Desi3933 has answered
Thanks
Senthil
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gc_on_demand
09-09 11:46 AM
I would like to hear from people who have actually done this recently. My co. is planning to apply for a Software Developer position in EB2 and was wondering if anyone got it approved this year. My co. was able to do it for a colleague of mine under this title back in 2006 and I understand a lot has changed since then.
The downsides of this plan are:
1. Economy is bad
2. Software Developer does not qualify for EB2 (I believe there was an initiative taken to limit EB2s to Manager and above)
Also, Software Developer does not fall under Job Zone 5 in ONET.
Any help? Thanks for reading
What I heard from one of my friend that now a days DOL issues RFE left and right but if company is ready to file for new labor and if they have open position for it .. Don't wait. Even if you get RFE you will be in line ahead of many who is thinking to apply for Eb2..
The downsides of this plan are:
1. Economy is bad
2. Software Developer does not qualify for EB2 (I believe there was an initiative taken to limit EB2s to Manager and above)
Also, Software Developer does not fall under Job Zone 5 in ONET.
Any help? Thanks for reading
What I heard from one of my friend that now a days DOL issues RFE left and right but if company is ready to file for new labor and if they have open position for it .. Don't wait. Even if you get RFE you will be in line ahead of many who is thinking to apply for Eb2..
more...
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ursosweet
07-17 05:32 PM
by god's grace and efforts of IV and other unnamed people WE have prevailed.
good luk everyone..
pk
good luk everyone..
pk
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somegchuh
07-16 02:41 PM
NSC has an interesting way of working. Oct 06 cases are pending and they are approving Dec 06 cases.... never think of predicting what govt is (in)capable of :D
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vin13
02-11 03:04 PM
There may not be a logical reason as to why your wife got an RFE for Medical and not you.
I had a similar situation. I got an RFE for photos for AP application. But my wife did not get one. We had both got our pictures taken and processed at the same location. There was no issue with quality of photo either.
Now we both have our AP. I do not care why she did not get an RFE.
Maybe if you explain the details of the RFE someone may be able to discuss about it.
Without details asking why did you not receive RFE does not make sense.:confused:
I had a similar situation. I got an RFE for photos for AP application. But my wife did not get one. We had both got our pictures taken and processed at the same location. There was no issue with quality of photo either.
Now we both have our AP. I do not care why she did not get an RFE.
Maybe if you explain the details of the RFE someone may be able to discuss about it.
Without details asking why did you not receive RFE does not make sense.:confused:
roseball
10-17 07:55 PM
Hello,
I am on H1. I got laid off in March 2009 and have not got anything since then. So I dont have lot of amount in my W2 for this year I have my H1 extension (after 3 years) coming up next year (2010).
My employer advised me to run payroll taxes for rest of the year, so that we could get W2 which would be helpful for H1 extension.
I have following Questions - Is W2 required for H1 extension or would few pay checks suffice?
Thanks!
What is required for a H1 extension is a "JOB". You should try and get a job asap. Technically, you are accruing unlawful presence in the US since the day you are out of the job (unless you have a pending I-485). On top of that, what your employer is suggesting is illegal. Try to find a job asap and apply for H1 COE petition. You will be required to submit your latest paystubs though.
I am on H1. I got laid off in March 2009 and have not got anything since then. So I dont have lot of amount in my W2 for this year I have my H1 extension (after 3 years) coming up next year (2010).
My employer advised me to run payroll taxes for rest of the year, so that we could get W2 which would be helpful for H1 extension.
I have following Questions - Is W2 required for H1 extension or would few pay checks suffice?
Thanks!
What is required for a H1 extension is a "JOB". You should try and get a job asap. Technically, you are accruing unlawful presence in the US since the day you are out of the job (unless you have a pending I-485). On top of that, what your employer is suggesting is illegal. Try to find a job asap and apply for H1 COE petition. You will be required to submit your latest paystubs though.
Funky_Monkey
09-10 11:32 PM
Hi, I have a quite strange situation here:
I am from China. I have an approved EB2-NIW I-140 with priority date of 2/2008 and an EB1a 140 petition denied on 8/4/2010.
I filed an I-485 concurrently with my EB1a, along with EAD applications. I got my EAD on 11/2009 and used it to work already.
The strange part is, my I-485 case is still pending, even though my EB1a petition is denied. In fact, I received RFE for quality photos two weeks after my 140 was denied. I think this is a USCIS error because they think my 485 was linked to my EB2-NIW case.
Now, am I staying in the U.S. illegally even though technically my 485 petition is still pending?
Thanks for all you comments.
I am from China. I have an approved EB2-NIW I-140 with priority date of 2/2008 and an EB1a 140 petition denied on 8/4/2010.
I filed an I-485 concurrently with my EB1a, along with EAD applications. I got my EAD on 11/2009 and used it to work already.
The strange part is, my I-485 case is still pending, even though my EB1a petition is denied. In fact, I received RFE for quality photos two weeks after my 140 was denied. I think this is a USCIS error because they think my 485 was linked to my EB2-NIW case.
Now, am I staying in the U.S. illegally even though technically my 485 petition is still pending?
Thanks for all you comments.
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