snathan
09-15 04:07 PM
I am an Indian citizen. I have an approved I-140 under National Interest Waiver with a PD of Aug 31, 2007. I am now a permanently employed scientist at a National Lab. I think I am now eligible for application under EB-1 Outstanding researcher category. Is it possible to apply for I-485 without another I-140? It will take quite some time to secure all the recommendation letters to apply for EB-1 (OR). I am wondering if I can bypass the whole process of I-140 and directly apply for adjustment of status based on my approved I-140 saving time and effort.
Thanks in advance for any answer.
You need to start from ground zero...EB2 NIW is different from EB1, so you can not use the EB2-140
Thanks in advance for any answer.
You need to start from ground zero...EB2 NIW is different from EB1, so you can not use the EB2-140
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GCeffect
11-13 07:51 PM
Hi there:
My mother in law is visiting us. This is her 2nd time in this country. In 2007 when she visited us in USA, we applied for the extension and it was approved but the 2nd time when we applied for the extension again it was denied.
She is visiting us this year too. As usual she receved 6 months visa on the port of entry, we're planning to apply for the extension again. 6 month will expire on 29th of november, 2009. Also as we have out first kids about 4 months ago and that is another reson she wants to stay another 4/5 months.
In the reson of extension should we mention "she wants to stay for the baby" or should we mentioned about her anticipated trip to other states?
There are only 15 days left in her passport; is that okay to apply for the extension?
i'm ready with all the application paperworks. Any input is appreciated in the above mentioned matter.
My wife and my current status: i-485 pending for last 2.5 years.
Thanks ahead
My mother in law is visiting us. This is her 2nd time in this country. In 2007 when she visited us in USA, we applied for the extension and it was approved but the 2nd time when we applied for the extension again it was denied.
She is visiting us this year too. As usual she receved 6 months visa on the port of entry, we're planning to apply for the extension again. 6 month will expire on 29th of november, 2009. Also as we have out first kids about 4 months ago and that is another reson she wants to stay another 4/5 months.
In the reson of extension should we mention "she wants to stay for the baby" or should we mentioned about her anticipated trip to other states?
There are only 15 days left in her passport; is that okay to apply for the extension?
i'm ready with all the application paperworks. Any input is appreciated in the above mentioned matter.
My wife and my current status: i-485 pending for last 2.5 years.
Thanks ahead
idontcare634
04-07 07:35 AM
Hi,
I am looking to switch employers. Although the job descriptions are pretty similar ( C coding, design, protocols etc.), my PERM was filed for Computer Software Engineer-Applications whereas the new one falls under Computer Software Engineer, Systems Software. Is this a risk during I-485 adjudication. Also my new salary is 50% higher than my original PERM salary (It has been almost 4 years since my original PERM).
Thanks.
I am looking to switch employers. Although the job descriptions are pretty similar ( C coding, design, protocols etc.), my PERM was filed for Computer Software Engineer-Applications whereas the new one falls under Computer Software Engineer, Systems Software. Is this a risk during I-485 adjudication. Also my new salary is 50% higher than my original PERM salary (It has been almost 4 years since my original PERM).
Thanks.
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cheg
08-05 12:36 AM
Sorry to hear that your wife's 485 application will be denied. I know that once she uses her EAD then she loses her H4 eventhough her passport still has a stamp expiring Feb 08. Since she will definitely be losing her EAD because of AOS denial it will be better for you to apply for her H4 asap. To be on the safe side, always consult a lawyer. Good luck! :)
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InTheMoment
11-01 01:30 AM
A biometric appointment notice on the way for you !....most likely.
rdx0
01-11 04:12 AM
I probabably know the answer of this question but would still like to confirm, just to be sure:
- First I-797B Valid from Jan 2004 to Sep 2006 <- Note: wasn't for 3 years
- First Visa valid from Jul 2004 to Sep 2006
- 1st US Entry Date from Aug 2005 till present date
(been to india in Dec 2007 for 1 month for visa stamping)
- First i-94 valid from Aug 2005 to Sep 2006
-Extended I-797A from Sep 2006 to Jan 2009 <-Note: not extended for 3 yrs
-2nd Visa/I-94 valid from Dec 2007 to Jan 2009
My questions?
1. Can my H1B Visa be extended again? This will be my 2nd extension.
2. Till what Date can be extended?
a. Jan 2010 (6 yrs from 1st I-797)
b. Jul 2010 ( 6 yrs from 1st visa stamping)
c. Aug 2011 (6 yrs from 1st US entry)
Thanks a lot !
- First I-797B Valid from Jan 2004 to Sep 2006 <- Note: wasn't for 3 years
- First Visa valid from Jul 2004 to Sep 2006
- 1st US Entry Date from Aug 2005 till present date
(been to india in Dec 2007 for 1 month for visa stamping)
- First i-94 valid from Aug 2005 to Sep 2006
-Extended I-797A from Sep 2006 to Jan 2009 <-Note: not extended for 3 yrs
-2nd Visa/I-94 valid from Dec 2007 to Jan 2009
My questions?
1. Can my H1B Visa be extended again? This will be my 2nd extension.
2. Till what Date can be extended?
a. Jan 2010 (6 yrs from 1st I-797)
b. Jul 2010 ( 6 yrs from 1st visa stamping)
c. Aug 2011 (6 yrs from 1st US entry)
Thanks a lot !
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LondonTown
05-23 12:31 PM
My friend, do not call Sir to any one here. We all are on the same boat and trying to share our experiences and learn from each other.
Were you given a 221g? possibly green or some other color?
It appears from your email that you have submitted the requested documents and got the email from the embassy to submit the passport. If this is the case you may want to follow up with the embassy.
Sir,
I have extended my H1b visa in Sept. 2010. I appeared for interview in New Delhi and submitted my Passport on 20th of April 2011 and today is 23rd of May 2011. What do you think that how much more time can they take?
Regards
Were you given a 221g? possibly green or some other color?
It appears from your email that you have submitted the requested documents and got the email from the embassy to submit the passport. If this is the case you may want to follow up with the embassy.
Sir,
I have extended my H1b visa in Sept. 2010. I appeared for interview in New Delhi and submitted my Passport on 20th of April 2011 and today is 23rd of May 2011. What do you think that how much more time can they take?
Regards
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panky72
06-24 03:23 AM
Hello everyone,
I have a question which I hope someone can help answer.I have applied in EB2 category and am from India.My PD is July 2005. I have used AC21 recently and changed my employer(i.e I am no longer with my sponsoring employer) I have not notified USCIS of the same.
I plan to travel to India during September 2008 and use AP to reenter back into the US. Can someone help answer the below doubts.
1) Since at the port of entry the Immigration Officer will ask whether I am still with the same employer or not- I will have to say I have moved to another company- What happens then?
2)Does using the AP and subsequent answer of "Yes- I have changed my company" trigger a RFE during the GC allocation process since now I have to prove to USCIS that my job is "same or similar" and my pay is >= the pay mentioned in my LC.
3) Has anyone successfully used AP after using AC21 and not had an RFE issued during GC allotment?
Thanks in advance
You can find some of the answers here.
http://immigrationvoice.org/forum/showthread.php?t=19743
I have a question which I hope someone can help answer.I have applied in EB2 category and am from India.My PD is July 2005. I have used AC21 recently and changed my employer(i.e I am no longer with my sponsoring employer) I have not notified USCIS of the same.
I plan to travel to India during September 2008 and use AP to reenter back into the US. Can someone help answer the below doubts.
1) Since at the port of entry the Immigration Officer will ask whether I am still with the same employer or not- I will have to say I have moved to another company- What happens then?
2)Does using the AP and subsequent answer of "Yes- I have changed my company" trigger a RFE during the GC allocation process since now I have to prove to USCIS that my job is "same or similar" and my pay is >= the pay mentioned in my LC.
3) Has anyone successfully used AP after using AC21 and not had an RFE issued during GC allotment?
Thanks in advance
You can find some of the answers here.
http://immigrationvoice.org/forum/showthread.php?t=19743
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abrahamL
03-19 05:11 PM
Hi,
I was let go by my company and am still under payroll for another month. I am told that once I am off the payroll, the company has to tell the lawyer to cancel my H1B.
Is there anyway that I could extend my H1B for a smooth H1B transfer to a new company? as I am still looking for a good offer at this stage.
And how long does it take for the government to process the cancellation of the H1B? And during that process if another company comes in and is willing to sponsor, would that be a smooth process?
Thanks!
Abraham
I was let go by my company and am still under payroll for another month. I am told that once I am off the payroll, the company has to tell the lawyer to cancel my H1B.
Is there anyway that I could extend my H1B for a smooth H1B transfer to a new company? as I am still looking for a good offer at this stage.
And how long does it take for the government to process the cancellation of the H1B? And during that process if another company comes in and is willing to sponsor, would that be a smooth process?
Thanks!
Abraham
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HV000
07-27 10:12 AM
Does anybody know if there are any SENATE amendments (Clearing EB BACKLOG) attached to the DHS APPROPRIATIONS BILL??
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onemorecame
10-22 10:15 AM
I got approved on Oct 20, 2010, after EVL RFE
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Leo07
01-18 12:29 PM
I rarely post/quote other forum threads here...this is an exception. I think it's a good post/comment from miceelf ( msg 34) on Ron's site:
Please forgive me if it's offending to anyone:
February Visa Bulletin (http://www.immigration-information.com/forums/visa-quota-and-cutoff-date-issues-66/february-visa-bulletin-13129/index4.html#post54691)
Please forgive me if it's offending to anyone:
February Visa Bulletin (http://www.immigration-information.com/forums/visa-quota-and-cutoff-date-issues-66/february-visa-bulletin-13129/index4.html#post54691)
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sunofeast_gc
11-29 12:11 AM
same thing happen to me too, we applied for correction and got corrected PD after one month.
Since my PD was/is not current waiting one more month was not a problem for me.
Since my PD was/is not current waiting one more month was not a problem for me.
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raamskl
11-25 08:50 PM
clarify21: If you would like to maintain the H1B status, for the part time job, you will have to ask your part time employer to do the new H1B; by having two H1Bs you can work for two employers the same time.
Can you do this?, am not so sure that you can have 2 H1B's and work for both. Don't you transfer your h1 to the new employer?
I am sure clarify can use the EAD for the both full and part time job.
Can you do this?, am not so sure that you can have 2 H1B's and work for both. Don't you transfer your h1 to the new employer?
I am sure clarify can use the EAD for the both full and part time job.
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bpratap
02-19 04:41 PM
got to the SSN office with ur receipt, tell them you are waiting for ...... long for the card. you need the number to give to the employer. most of the officers would look in the system and would give you the number.
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eb3_nepa
10-19 09:50 AM
Does emotional trauma and endless domestic disturbance of peace caused by years of waiting for the Priority dates to be current count?
Also who has to be the perpetrator of the severe violence? If an H1B beats up another H1B does that count? Or it only counts if a Citizen or GC holder beats u up? Now this is an important piece of information so that I know whom to ask to beat me up!!;)
Also who has to be the perpetrator of the severe violence? If an H1B beats up another H1B does that count? Or it only counts if a Citizen or GC holder beats u up? Now this is an important piece of information so that I know whom to ask to beat me up!!;)
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ramaonline
07-27 09:54 PM
AFAIK, to switch to consular processing, you may need to withdraw the I485 and file an amended I140 indicating Consular processing. Please confirm with an attorney
There was a post on the attorney forum with some additional information
It is certainly possible to continue the green card process in your situation. The key requirement is that once your PD becomes current you MUST have a full time permanent job offer in the US, which you intend to accept.
If you abandon your I-485 and pursue consular processing, that position MUST be in the same position and with the same employer that obtained your labor certification. AC-21 DOES NOT APPLY TO CONSULAR PROCESSING. If you maintain either your A/P validity or H-1 visa validity, as long as the position is in the "same or similar occupation", it can be with any US employer.
Keep in mind that even if your family ends up abandoning their I-485's, as long as you do not abandon your I-485 they will be able to "follow to join" you once your AOS is granted.
Also keep in mind the possibility of EB-1 eligibility if your position with the new company can be characterized as managerial or executive and you are able to secure a transfer back to the US in a managerial or executive position after working in India for at least one year.
There was a post on the attorney forum with some additional information
It is certainly possible to continue the green card process in your situation. The key requirement is that once your PD becomes current you MUST have a full time permanent job offer in the US, which you intend to accept.
If you abandon your I-485 and pursue consular processing, that position MUST be in the same position and with the same employer that obtained your labor certification. AC-21 DOES NOT APPLY TO CONSULAR PROCESSING. If you maintain either your A/P validity or H-1 visa validity, as long as the position is in the "same or similar occupation", it can be with any US employer.
Keep in mind that even if your family ends up abandoning their I-485's, as long as you do not abandon your I-485 they will be able to "follow to join" you once your AOS is granted.
Also keep in mind the possibility of EB-1 eligibility if your position with the new company can be characterized as managerial or executive and you are able to secure a transfer back to the US in a managerial or executive position after working in India for at least one year.
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mihird
09-06 05:59 PM
I started my 10 hr./week part time job 2 years back (I was 4 years on my primary H1 by then). We filed a 2nd H1 and had no problems getting it approved - we got a 2 year approval aligned with the primary H1s 6 year expiry..
My both, the primary H1 and the 2nd H1 are up for renewal in Jan 07 & April 07 respectively and I am also up on the 6 years on my H1 by then.
I have an approved I-140 from my primary H1.
I have a question which I hope someone can help me answer. Will the 2nd H1 also qualify for the 3 year extensions, just like the primary H1 based on the I-140 approval on the primary H1?
I am guessing yes (it sounds logical to me), but am not sure...can anyone confirm?
My both, the primary H1 and the 2nd H1 are up for renewal in Jan 07 & April 07 respectively and I am also up on the 6 years on my H1 by then.
I have an approved I-140 from my primary H1.
I have a question which I hope someone can help me answer. Will the 2nd H1 also qualify for the 3 year extensions, just like the primary H1 based on the I-140 approval on the primary H1?
I am guessing yes (it sounds logical to me), but am not sure...can anyone confirm?
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priyasagiraju
12-27 01:49 PM
I got my receipt number for H1b application and its been more than a week but i still cannot check my status online on USCIS website.
It says case is not found ,even tried calling customer service .
Does it take time to get uploaded online ?
Did anyone else face this problem
I am not getting any information from my employer.
Is there any other way we can find out if USCIS accepted my application.
could some one please help me in this
Thanks
It says case is not found ,even tried calling customer service .
Does it take time to get uploaded online ?
Did anyone else face this problem
I am not getting any information from my employer.
Is there any other way we can find out if USCIS accepted my application.
could some one please help me in this
Thanks
chacha
03-21 11:21 AM
Hi - i am converting my L1 to F1 which will cover me for 2.5 years. In the field i am working in, there is a high probability i will be able to find work before the degree is finished. Is it usual for big employers to already have H1 visas to sponser you on, or do they have to start from scratch. Im really trying to find out how easy it would be for a prospective employer to hire me after. (yes i am aware that one is supposed to return back to their country of origin)
gaz
09-03 10:48 AM
thank you
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