lazycis
02-13 01:20 PM
"But the stranger who dwells with you shall be to you as one born among you, and you shall love him as yourself; for you were once strangers..." Leviticus 19:34
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rockstart
08-03 09:41 AM
You have two options. One is forget the current GC and take new job re-start your GC.
The second option is keep a copy of your I 140 approval. Join a new company. Re-Start the GC application. When the new labor is approved and lawyer is ready to ship the I 140 package to USCIS ask him to include the copy of Old I 140 approval notice in it with a cover letter to USCIS requesting porting the old priority date to your new application. ( I am not sure of job description in the 2 labors needs to be same/ similar for portablity. My guess is that it does not need to be strictly same but least in same field. Example IT to IT and not say IT to Finance or Healthcare etc)
The best bet is to take an appointment with a lawyer and go over it. Also talk to new companys immigration attorney if he will support this porting when the time comes.
The second option is keep a copy of your I 140 approval. Join a new company. Re-Start the GC application. When the new labor is approved and lawyer is ready to ship the I 140 package to USCIS ask him to include the copy of Old I 140 approval notice in it with a cover letter to USCIS requesting porting the old priority date to your new application. ( I am not sure of job description in the 2 labors needs to be same/ similar for portablity. My guess is that it does not need to be strictly same but least in same field. Example IT to IT and not say IT to Finance or Healthcare etc)
The best bet is to take an appointment with a lawyer and go over it. Also talk to new companys immigration attorney if he will support this porting when the time comes.
GCDelay
11-30 11:34 AM
xxxx
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sanju_dba
09-10 02:59 PM
hello every1,
I was wondering how many of you are here who had applied their labor with MS + 0 years of experience..
Could you please shed some light on your profile and current standing in GC process ??
Thank youu....
MS + Zero exp = I doubt if any one out there
I was wondering how many of you are here who had applied their labor with MS + 0 years of experience..
Could you please shed some light on your profile and current standing in GC process ??
Thank youu....
MS + Zero exp = I doubt if any one out there
more...
chanduv23
07-11 11:45 AM
Hi Folks,
I am one of those guys who has EAD/AP and as per the latest (Aug 08) bulletin, my PD is current.
I just called USCIS and got my 3rd service request number since Oct 2007. So far nothing has happened.
I want to know if this is going to have a negative impact on my 485 approval in anyway? Am I not supposed to have my FP done before they can approve my 485? Isn't that a pre-requisite? I just don't want to miss one more boat due to USCIS screw ups.
Please advise/suggest...
Thanks.
Moderator: apologies for cross-posting but I needed an answer soon.
I am in the same boat. I spoke to my Attorney and she says, it is not an issue. They will ask for finger prints when they start looking at your case.
I am one of those guys who has EAD/AP and as per the latest (Aug 08) bulletin, my PD is current.
I just called USCIS and got my 3rd service request number since Oct 2007. So far nothing has happened.
I want to know if this is going to have a negative impact on my 485 approval in anyway? Am I not supposed to have my FP done before they can approve my 485? Isn't that a pre-requisite? I just don't want to miss one more boat due to USCIS screw ups.
Please advise/suggest...
Thanks.
Moderator: apologies for cross-posting but I needed an answer soon.
I am in the same boat. I spoke to my Attorney and she says, it is not an issue. They will ask for finger prints when they start looking at your case.
LONGGCQUE
04-15 08:02 AM
Join the campaign on I485 filing thread .... there could be 1000's of who are impacted ...
more...
Canadian_Dream
11-17 12:38 PM
Thread: If EB Reform happens it will happen in 2007
We should instead call it "When will EB Reform Happen"
1. The best time was 2006. This was becasue of economy with full swing ahead needed more H1B visas and companies are trying hard to resolve the black-out of H1B and we had a chance to piggyback on it. This didn't happen unfortulately because our fate was tied to CIR. There has been constant effort since Aug/Sep 2005 to increase H1B/EB (S.1932/CIR), but it has been strongest in last few months.
2. If you have noticed the press release of TechNet summit it was clearly requesting 109th congress to enact SKIL as opposed to 110 congress. This is becasue first few months will go by just to take care of other priorities. There could be other legilative hurdles with CIR even with Democratic majority.
3. As pointed by others even if CIR is passed with our provisions it will be another 5-6 months before actual implementation will happen. That puts eveything in 2008 time frame.
The biggest toll order in this whole mess is EB2 India. While most of the world including China is moving along quite well. India EB2 is all but stuck affecting the careers of so many who would be stuck for another 1-2 years with the same jobs. The sad part is this is the best case scenario !!!!
We should instead call it "When will EB Reform Happen"
1. The best time was 2006. This was becasue of economy with full swing ahead needed more H1B visas and companies are trying hard to resolve the black-out of H1B and we had a chance to piggyback on it. This didn't happen unfortulately because our fate was tied to CIR. There has been constant effort since Aug/Sep 2005 to increase H1B/EB (S.1932/CIR), but it has been strongest in last few months.
2. If you have noticed the press release of TechNet summit it was clearly requesting 109th congress to enact SKIL as opposed to 110 congress. This is becasue first few months will go by just to take care of other priorities. There could be other legilative hurdles with CIR even with Democratic majority.
3. As pointed by others even if CIR is passed with our provisions it will be another 5-6 months before actual implementation will happen. That puts eveything in 2008 time frame.
The biggest toll order in this whole mess is EB2 India. While most of the world including China is moving along quite well. India EB2 is all but stuck affecting the careers of so many who would be stuck for another 1-2 years with the same jobs. The sad part is this is the best case scenario !!!!
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jnraajan
01-18 10:54 AM
You cannot become a Canadian Citizen, just because you are on H1 in the US. The only advantage is you can apply for Permanent Residency from the US, which is much faster than applying from India. Once, you get your Green Card, you still should maintain residency in Canda, before you apply for Citizenship.
Ria, You can apply for Canadian Permanent Residency by urself. You dont need to hire people to do it. I did it by myself, and it is very easy.
Ria, You can apply for Canadian Permanent Residency by urself. You dont need to hire people to do it. I did it by myself, and it is very easy.
more...
Kalidindi
07-26 02:12 PM
Mine was EB2 and am from India
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number30
04-21 12:50 PM
Hello Everyone!
I need opinion on whether one can change location after labor is approved for one area.
Let�s assume one is working for company X in city A. Labor is approved (I-140 is filed) and company wants you to relocate to city B.
How does this impact GC process?
Do you have to start again?
Or one can carry PD from prior Labor?
Your inputs will be greatly appreciated. My husband and I are trying to decide the best strategy going forward since our latest fiasco with labor due to negligence on lawyer's part.
Best
In future(i.e. after getting green card) if your company has an intent to bring to back to same location and you are intending to original location you are fine.
Also AC-21 allows you to change the job and location.
I need opinion on whether one can change location after labor is approved for one area.
Let�s assume one is working for company X in city A. Labor is approved (I-140 is filed) and company wants you to relocate to city B.
How does this impact GC process?
Do you have to start again?
Or one can carry PD from prior Labor?
Your inputs will be greatly appreciated. My husband and I are trying to decide the best strategy going forward since our latest fiasco with labor due to negligence on lawyer's part.
Best
In future(i.e. after getting green card) if your company has an intent to bring to back to same location and you are intending to original location you are fine.
Also AC-21 allows you to change the job and location.
more...
siravi
08-06 04:38 PM
will be there as well.
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WaitingForMyGC
01-23 10:53 AM
They don't mean anything..no dates ever meant anything to USCIS. :-)
more...
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john2255
10-20 08:53 AM
I have update the question with more details, please help. Thank you all very much in advance.
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Devils_Advocate
03-12 10:36 PM
Congrats !, please do continue to contribute some of your time and effort to this site, your experience can help others still stuck in their misery
more...
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rahul2699
05-16 08:50 AM
Hi
Thanks for the replies
Actually I posted this same question on Lawbench.com (paid service) and one of thier lawyers provided me with this asnwer:
You cannot leave the United States while a change of employer petition is pending. Unless, that petition requests for Consular Processing. You would need to show your valid passport, H-1B visa, and current approval notice for Co B. Yes, you can enter with Company A's visa stamp.
If you cannot wait in the US for Company B's petition to be approved, you would need consular process the petition and travel with the approval notice.
My concern comes is WHAT SHE MEANS BY CONSULAR PROCESSING? Does it applies to Consular Processing?
Also what about H1 Protability 2001 ACT which says if transfer is in process, one can enter the country just on receipt?
While applying for H-1 extension/initial filing/transfer one has to specify whether they are requesting a change/extend status or they prefer consular processing. The difference is when the change/extend status is requested, an I-94 is appended to the approval (I-797A) which gives an individual right to stay in the country with out getting a visa stamped.
Consular Processing means one has to go to a US consulate in a foreign country/country of birth to get visa stamped before the H-1 approval (I-797B) can be used to work. I believe portability act suggests that one can start working for the new company while transfer is in progress with out having to wait for the approval. Hope this answers your question.
** Not a legal advice
Thanks for the replies
Actually I posted this same question on Lawbench.com (paid service) and one of thier lawyers provided me with this asnwer:
You cannot leave the United States while a change of employer petition is pending. Unless, that petition requests for Consular Processing. You would need to show your valid passport, H-1B visa, and current approval notice for Co B. Yes, you can enter with Company A's visa stamp.
If you cannot wait in the US for Company B's petition to be approved, you would need consular process the petition and travel with the approval notice.
My concern comes is WHAT SHE MEANS BY CONSULAR PROCESSING? Does it applies to Consular Processing?
Also what about H1 Protability 2001 ACT which says if transfer is in process, one can enter the country just on receipt?
While applying for H-1 extension/initial filing/transfer one has to specify whether they are requesting a change/extend status or they prefer consular processing. The difference is when the change/extend status is requested, an I-94 is appended to the approval (I-797A) which gives an individual right to stay in the country with out getting a visa stamped.
Consular Processing means one has to go to a US consulate in a foreign country/country of birth to get visa stamped before the H-1 approval (I-797B) can be used to work. I believe portability act suggests that one can start working for the new company while transfer is in progress with out having to wait for the approval. Hope this answers your question.
** Not a legal advice
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green_world
02-13 08:59 PM
I-485?? save $$ join IV
more...
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gene-O
10-20 05:57 PM
Still looking for a knowledgeable response specifically to the questions asked.
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TheOmbudsman
09-05 04:04 PM
If you see the link I submitted earlier today, it is a reality that most voters are fed up with their representatives. From what I hear all the time, it seems the tendency is that people will vote against incumbents, regardless of which part they represent. Typically whoever is coming fresh - Dems or GOP - would be more sensitive to citizens problem and would think twice before voting for something in spite of thousands of pledges and calls against it. In my view, not necessarily Democrats would control the House, but even if turns out that is the case, it may not help us a lot. The truth is that if many incumbents get kicked out, that would be a powerful message that voters out there are not happy with directions they are taking, mainly on immigration, and therefore a bill on our behalf may continue to be dragged down further, because I strongly believe that many fresh reps would think twice to vote when phones are ringing non stop.
I am sorry if that is sad, but that is the truth.
I would like to discuss two issues
1) Is there a reasonable chance for Democrats to take control of the House after Nov elections.
2) What would that mean for skilled legal Immigrant community (aka will my GC come faster :))
It looks like Americans are fed up with the war in Iraq and other issues. Especially here in TX there is one seat definitely going to Democrats ( Tom Delay's seat). Would a Democrat majority make passing SKIL a slam dunk ?
I am sorry if that is sad, but that is the truth.
I would like to discuss two issues
1) Is there a reasonable chance for Democrats to take control of the House after Nov elections.
2) What would that mean for skilled legal Immigrant community (aka will my GC come faster :))
It looks like Americans are fed up with the war in Iraq and other issues. Especially here in TX there is one seat definitely going to Democrats ( Tom Delay's seat). Would a Democrat majority make passing SKIL a slam dunk ?
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hebron
06-21 10:58 AM
Hi Guys,
Have a question about porting from EB3 to EB2 suing the experience I gained from my current employer. Can I fall back to my existing EB3 application if I file EB2 labor and I-140 and these get denied? Please suggest and I am also not sure if the requirement that job descriptions have to be 50% different cam be met. Software Engineer and Principal software engineer jobs have same SOC and DOT codes.
Job description when I was hired: (software engineer): Understand client requirements, design, document and develop object-oriented software solutions; debugging and code review, unit tetsing code for all logic and flow, participates in the test review thorugh test review and analysis. Experience require 2-4 years.
My current job description: (Principal Software engineer): Designs, modifies, develops, writes and implements software programming applications. Coordinates work teams - Provides technical support to project team members and co-ordinate with technical team and Quality assurance team. Provide consultation and expertise in a variety of the field's concepts, practices, and procedures on complex projects. Extensive experience and judgment required to plan and accomplish goals. Experience required is 8-10 years.
Have a question about porting from EB3 to EB2 suing the experience I gained from my current employer. Can I fall back to my existing EB3 application if I file EB2 labor and I-140 and these get denied? Please suggest and I am also not sure if the requirement that job descriptions have to be 50% different cam be met. Software Engineer and Principal software engineer jobs have same SOC and DOT codes.
Job description when I was hired: (software engineer): Understand client requirements, design, document and develop object-oriented software solutions; debugging and code review, unit tetsing code for all logic and flow, participates in the test review thorugh test review and analysis. Experience require 2-4 years.
My current job description: (Principal Software engineer): Designs, modifies, develops, writes and implements software programming applications. Coordinates work teams - Provides technical support to project team members and co-ordinate with technical team and Quality assurance team. Provide consultation and expertise in a variety of the field's concepts, practices, and procedures on complex projects. Extensive experience and judgment required to plan and accomplish goals. Experience required is 8-10 years.
vnsriv
06-25 11:44 AM
Couple of options
1. Don't file your I-485 till you return from India
2. Receipts notices usually depend on type of visa category(EB) and the center which will be processing your case
3. Your husband can have I-485 notice and still get H1 stamped in India
I got my H1 stamped even when I had AP and EAD
4. You have 90% chance of getting receipt before Oct if you are in EB2
5. For travelling you must have AP before Oct unless you have valid H1( < 6 years)
1. Don't file your I-485 till you return from India
2. Receipts notices usually depend on type of visa category(EB) and the center which will be processing your case
3. Your husband can have I-485 notice and still get H1 stamped in India
I got my H1 stamped even when I had AP and EAD
4. You have 90% chance of getting receipt before Oct if you are in EB2
5. For travelling you must have AP before Oct unless you have valid H1( < 6 years)
LostInGCProcess
01-08 10:44 AM
I recently entered US on AP. At the POE, I gave ONLY my passport and AP(it was 3 copies stapled together). Thats all.
The IO gave me one copy and said "you can keep one for your reference" and took the other 2. Then escorted to another room, where more people were waiting, and I had to wait for about 10 minutes and an officer called my last name and handed me over, my passport along with one copy of AP with some stamp on it.
I am still on H1, also got my EAD. I-485 is pending. The other documents that I carried was, a letter from my company stating that I work for them, and all my H1 copies...but I never showed any of those documents.
edit: While I was standing in line to be called by the IO, the person(indian) in front of me who was being served by the IO, gave many documents, eventhough the IO was saying "I don't need them". This guy was pro-actively telling her that he is working for so-and-so company, took some papers and was giving it to her, and she said politely that its not required...he was also entering on AP cause I saw that guy in the room.
So, Please don't over do. just give only the document that is asked for.
The IO gave me one copy and said "you can keep one for your reference" and took the other 2. Then escorted to another room, where more people were waiting, and I had to wait for about 10 minutes and an officer called my last name and handed me over, my passport along with one copy of AP with some stamp on it.
I am still on H1, also got my EAD. I-485 is pending. The other documents that I carried was, a letter from my company stating that I work for them, and all my H1 copies...but I never showed any of those documents.
edit: While I was standing in line to be called by the IO, the person(indian) in front of me who was being served by the IO, gave many documents, eventhough the IO was saying "I don't need them". This guy was pro-actively telling her that he is working for so-and-so company, took some papers and was giving it to her, and she said politely that its not required...he was also entering on AP cause I saw that guy in the room.
So, Please don't over do. just give only the document that is asked for.
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