PlainSpeak
04-07 02:03 PM
Please stop this discussion about US university and Indian university or for that matter about octopus
This thread is about Retrogression, priority dates and Visa bulletins so if someone has seen the May 2011 VB lets talk about it
This thread is about Retrogression, priority dates and Visa bulletins so if someone has seen the May 2011 VB lets talk about it
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gccovet
11-03 08:10 AM
Sorry if this question has been answered already. I searched and could not find any related threads.
My H1B is expiring in December (6 years). My 140 is approved and 485 is pending. I have my EAD card but still working on H1B. I can get a 3 year extension for my H1b as 140 is approved.
My priority date is Feb 2007.
Is it a good idea to renew my H1B even though I already have My EAD?
If I get the H1B extension, would I need visa stamping or can I use AP travel document and still be on H1B?
TIA for the responses.
I agree with meridiani.planum. H1 is better then EAD, you maintain status incase of 485 denial etc.
Also, there is no cap on h1 extensions. A person can get 3 year extension only 1 time after 6th years on H1 being 140 pending > 1 year or approved and 485 pending .
I also would request you to spare some time and send in 4 letters in support of fight against AC21 cases getting denied.
for your reference, check out http://immigrationvoice.org/forum/showthread.php?t=22182
Thank you for your time,
GCCovet
My H1B is expiring in December (6 years). My 140 is approved and 485 is pending. I have my EAD card but still working on H1B. I can get a 3 year extension for my H1b as 140 is approved.
My priority date is Feb 2007.
Is it a good idea to renew my H1B even though I already have My EAD?
If I get the H1B extension, would I need visa stamping or can I use AP travel document and still be on H1B?
TIA for the responses.
I agree with meridiani.planum. H1 is better then EAD, you maintain status incase of 485 denial etc.
Also, there is no cap on h1 extensions. A person can get 3 year extension only 1 time after 6th years on H1 being 140 pending > 1 year or approved and 485 pending .
I also would request you to spare some time and send in 4 letters in support of fight against AC21 cases getting denied.
for your reference, check out http://immigrationvoice.org/forum/showthread.php?t=22182
Thank you for your time,
GCCovet
Neocrack
04-17 12:03 PM
The Application for a new passport can be made within 12 months before the expiry of the passport.
http://indiacgny.org/php/showContent.php?linkid=225&partid=223&sub=sub3
At NY consulate if you can go to the consulate and submit the documents in person you can pick up your new passport within 5 - 7 working days. If you are mailing your documents add the estimated mailing time to the process.
http://indiacgny.org/php/showContent.php?linkid=225&partid=223&sub=sub3
At NY consulate if you can go to the consulate and submit the documents in person you can pick up your new passport within 5 - 7 working days. If you are mailing your documents add the estimated mailing time to the process.
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jagran
07-31 03:11 PM
From where you got this fact? If this is the fact then PD won't be hovering in 2001 since last 5 years. In those days, PD for EB3 was always current so every body applied in EB3.
The Sept bulletin will be
EB2I - Dec 03
EB3I - U
The Sept bulletin will be
EB2I - Dec 03
EB3I - U
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rajenk
10-11 01:11 PM
Consult with your current company immigration attorney and find out why your current job will not qualify for EB2.
Just in case start your EB3 GC and port your PD to this new GC I-140. That will help you with the H1B renewal for 3 years. You have got 14 more months. you should be able to get I-140 filed by then, do a premium for I-140 to get it approved by the time you renew your H1B.
Renewing your H1B based on the revoked I-140 would be risky.
Just in case start your EB3 GC and port your PD to this new GC I-140. That will help you with the H1B renewal for 3 years. You have got 14 more months. you should be able to get I-140 filed by then, do a premium for I-140 to get it approved by the time you renew your H1B.
Renewing your H1B based on the revoked I-140 would be risky.
EndlessWait
12-13 06:34 PM
January 2008 Visa Bulletin and Predicament of Unmarried Indian EB-2
India has a tradition of family match-making marriage that more or less determines the timing of a marriage for a single person. When the EB visa numbers were open a few months ago, the unmarried single EB-2 worried about premature approval of their I-485 applications before they would have married and often talked about the way to delay approval of I-485 applications until they would marry. The January 2008 Visa Bulletin and the State Department prediction for the EB availability in coming months have removed such worry from these Indian professionals. However, in an unanticpated twist and irony of the development, they will instead face a different problem, to wit, their future spouses may not be able to apply for a following-to-join derivative EB immigrant visa benefits for a long time. Considering the amount of time the future spouse will have to wait to file for the immigrant benefits, it may be important for these EB-2 Indian professional to take at least two actions. These unmarried Indians have maintained a H-1B status to bring their future spouses in a H-4 visa status so that they are not separated after they marry. This strategy will become more real and critically important, meaning that they should keep staying on a H-1B status and not using EAD and AP. If they returned using AP, they may at some point of time, reinstate their H-1B status before their H-1B validity runs out. The other action which they should take is to file concurrent EB-2 and EB-3 I-140 petitions using the same EB-2 labor certification. Since the EB-3 is more favorable or at least will have a cut-off date rather than "unavailable," in certain situation they may maneuver the immigration rules that permit transfer of pending I-485 applications between EB-2 and EB-3 during the period when the visa numbers remain current for him/her. Such maneuver may at least allow the spouse to file I-485/EAD/AP. When EB-2 becomes more favorable, they may have to transfer the I-485 applications back to EB-2 petition. This maneuver is not a good option for everyone as it will require a log of juggling. However, some earlier priority date EB-2 Indians may dare to venture such juggling because of their unique circumstances that require filing of I-485 application for the spouse. It is something to think about and people should seek legal counsel.
I hope this info useful for our fellow members.
Thanks,
Ram
r u an attorney , desi consultant or some nonsensical person...whats the point of this on IV...admin pls close this thread..
India has a tradition of family match-making marriage that more or less determines the timing of a marriage for a single person. When the EB visa numbers were open a few months ago, the unmarried single EB-2 worried about premature approval of their I-485 applications before they would have married and often talked about the way to delay approval of I-485 applications until they would marry. The January 2008 Visa Bulletin and the State Department prediction for the EB availability in coming months have removed such worry from these Indian professionals. However, in an unanticpated twist and irony of the development, they will instead face a different problem, to wit, their future spouses may not be able to apply for a following-to-join derivative EB immigrant visa benefits for a long time. Considering the amount of time the future spouse will have to wait to file for the immigrant benefits, it may be important for these EB-2 Indian professional to take at least two actions. These unmarried Indians have maintained a H-1B status to bring their future spouses in a H-4 visa status so that they are not separated after they marry. This strategy will become more real and critically important, meaning that they should keep staying on a H-1B status and not using EAD and AP. If they returned using AP, they may at some point of time, reinstate their H-1B status before their H-1B validity runs out. The other action which they should take is to file concurrent EB-2 and EB-3 I-140 petitions using the same EB-2 labor certification. Since the EB-3 is more favorable or at least will have a cut-off date rather than "unavailable," in certain situation they may maneuver the immigration rules that permit transfer of pending I-485 applications between EB-2 and EB-3 during the period when the visa numbers remain current for him/her. Such maneuver may at least allow the spouse to file I-485/EAD/AP. When EB-2 becomes more favorable, they may have to transfer the I-485 applications back to EB-2 petition. This maneuver is not a good option for everyone as it will require a log of juggling. However, some earlier priority date EB-2 Indians may dare to venture such juggling because of their unique circumstances that require filing of I-485 application for the spouse. It is something to think about and people should seek legal counsel.
I hope this info useful for our fellow members.
Thanks,
Ram
r u an attorney , desi consultant or some nonsensical person...whats the point of this on IV...admin pls close this thread..
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rongha_2000
07-17 03:55 PM
I am ashamed to read these comments coming from "highly skilled" people. Administrators please take preventive steps. We dont want some sickos malign IV. :mad: :mad:
Murthy is a she...and I would but I'm not single. ;)
Murthy is a she...and I would but I'm not single. ;)
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lazycis
02-13 05:27 PM
If you want IV (immigrant visa), help IV (Immigration Voice)
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eb3_nepa
05-03 11:07 AM
Most US citizens have NO clue about our plight. They literally have ZERO clue about our plight. What is worse is, people who came here thru family based immigration have an equal amount of lack of clue about this problem. Right now all the citizens see in us is the enemy (they take our jobs away), they have no idea what kinda stuff we have to go thru to "take their jobs away"!
EVERY open avenue should be explored. Just that b4 contacting anyone who we are not a 100% certain, discuss with the core members or on the forum.
EVERY open avenue should be explored. Just that b4 contacting anyone who we are not a 100% certain, discuss with the core members or on the forum.
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Prashanthi
12-03 05:13 PM
I stand corrected, thank you for pointing it out, i was thinking of a situation when the I-485 was not filed, in this case the I-485 is pending. See extract from Williams memo issued in February 2003. USCIS has clarified that the date to be looked at is the date that the I-485 was filed when the visa number was available. So basically if you were a dependent when the I-485 was filed and the I-485 visa number then regressed, they will look at your age at the time of filing the I-485 and then subtract the time it took for I-40/I-130 to be approved.
Visa Availability Date Regression
If a visa availability date regresses, and an alien has already filed a Form I-485 based on an approved Form I-130 or Form I-140, the Service should retain the Form I-485 and note the visa availability date at the time the Form I-485 was filed. Once the visa number again becomes available for that preference category, determine whether the beneficiary is a �child� using the visa availability date marked on the Form I-485. If, however, an alien has not filed a Form I-485 prior to the visa availability date regressing, and then files a Form I-485 when the visa availability date again becomes current, the alien�s �age� should be determined using the subsequent visa availability date.
Visa Availability Date Regression
If a visa availability date regresses, and an alien has already filed a Form I-485 based on an approved Form I-130 or Form I-140, the Service should retain the Form I-485 and note the visa availability date at the time the Form I-485 was filed. Once the visa number again becomes available for that preference category, determine whether the beneficiary is a �child� using the visa availability date marked on the Form I-485. If, however, an alien has not filed a Form I-485 prior to the visa availability date regressing, and then files a Form I-485 when the visa availability date again becomes current, the alien�s �age� should be determined using the subsequent visa availability date.
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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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narimmigration
08-13 02:45 PM
When my spouse started working using EAD, my employer told us that they cannot renew her H4 since she had already started using her EAD; also my employer renewed only my H1 and H4 for my minor son.
I suggest you to contact a good attorney to know what you should do now.
Good luck.
I suggest you to contact a good attorney to know what you should do now.
Good luck.
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Munna Bhai
03-28 04:13 AM
hey! why it is like that?? last month, feb 15 08, the processing date was July 31, 2007 and how come now updated mar. 15 and the processing date became june 08, 2007??? WHY?? my friend got her gc already, hers date was july 19...she got her gc!!so wats up with that!!Do you think they will send mine (july 22)?im so upset!pls reply soon!
pd's
January 15, 2008: from April 07.. it became July 19
February 15, 2008: from July 19... it became July 30
March 15, 2008: from July 30... it became JUNE 08, 2007???????????
Do you think it was just a typographical error that it must be August 08, 2007 instead of June???
this is the link to nebraska service center
https://egov.uscis.gov/cris/jsps/Processtimes.jsp?SeviceCenter=NSC
I NEED YOUR COMMENT REPLIES.
what's your PD?? and which country you are from? Need more information to let me know whether you will get GC soon or not.
pd's
January 15, 2008: from April 07.. it became July 19
February 15, 2008: from July 19... it became July 30
March 15, 2008: from July 30... it became JUNE 08, 2007???????????
Do you think it was just a typographical error that it must be August 08, 2007 instead of June???
this is the link to nebraska service center
https://egov.uscis.gov/cris/jsps/Processtimes.jsp?SeviceCenter=NSC
I NEED YOUR COMMENT REPLIES.
what's your PD?? and which country you are from? Need more information to let me know whether you will get GC soon or not.
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vxg
04-19 08:16 PM
I am getting promoted to a manager's position. This postion requires the same technical knowledge and has the same job resposibilities. Apart from this, it has people management responsibilities. My lawyer said that since it is in the same devision and just added responsibilities it is fine. We just have to put the new position while applying for the next H1B.
It is not clear from the previous posts if this is a problem.
Being project lead and going to managing projects can be considerred as gradual change by someone or complete different job by another.
My question is since GC is for the future job why should it matter what the current job is so long it is in the similar technology area or part of the company.
I have done the same i got promoted to manager within same divison and same responsibilities with added resposnibilities. The lawyer said it is OK because the job responsbilities are same. Adding new responsibilities does not hurt. About salary your salary at the time of i-140 filing should greater than or equal to the salary decsribed in LC application.
It is not clear from the previous posts if this is a problem.
Being project lead and going to managing projects can be considerred as gradual change by someone or complete different job by another.
My question is since GC is for the future job why should it matter what the current job is so long it is in the similar technology area or part of the company.
I have done the same i got promoted to manager within same divison and same responsibilities with added resposnibilities. The lawyer said it is OK because the job responsbilities are same. Adding new responsibilities does not hurt. About salary your salary at the time of i-140 filing should greater than or equal to the salary decsribed in LC application.
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HumJumboHathuJumbo
10-08 03:25 PM
How long will it to get green card for my parents.I am a US Citizen and filed I-130,I-485 in sept first week.they have finger printing scheduled for next week.Please share your experience if you have sponsored your parents too.
Can anyone tell me how to start a thread please.sorry for posting in this thread.:)
Can anyone tell me how to start a thread please.sorry for posting in this thread.:)
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jonty_11
08-10 05:25 PM
guys, this kind of proposals have been raised million times in last 5 years. These guys are passing their time till next election. Nothing is going to happen till next election. So do not build any hopes. None of the proposal is going to be a law before election.
Unless we fight for it..and support IV in the cause....
Participate in any way u can in teh DC RAlly.....and contribute plzzzzzzzzzzzzz
Cannot emphasize enough
Unless we fight for it..and support IV in the cause....
Participate in any way u can in teh DC RAlly.....and contribute plzzzzzzzzzzzzz
Cannot emphasize enough
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mariner5555
07-17 08:25 PM
just wanted to confirm one thing again ..does this mean we should definitely be getting our EAD's ?? also I would urge all members to be active with IV ..till we get citizenships and even after that ..spread the word !! if we are united we can get things done ...
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WillIBLucky
12-13 11:58 AM
Surprising right? May be this is the first time anyone would have posted this kind of post but yes I am in that situation.
I am EB2 and retrogressed with I-140 cleared. I am working for a client and they are willing to take me in and process my fresh green card. I am not too keen about it because they said they can file only on EB3.
My PD is Sept 2005. Now can you guys give our your honest opinion in what you would have done if you were in similar situation. The client is a good top 10 client and you will have a stable job that is garunteed.
Appreciate your thoughts to help my plan.
I am EB2 and retrogressed with I-140 cleared. I am working for a client and they are willing to take me in and process my fresh green card. I am not too keen about it because they said they can file only on EB3.
My PD is Sept 2005. Now can you guys give our your honest opinion in what you would have done if you were in similar situation. The client is a good top 10 client and you will have a stable job that is garunteed.
Appreciate your thoughts to help my plan.
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LostInGCProcess
03-02 06:14 PM
Any one who had been through this process , can you please PM me or post attorney reference who is based in NJ .
i greatly appreciate your responses.
Could you PM me the name of the company that is causing so much trouble to you? That way I can be alert and also let my friends know not to join should they come across that company.
I am sorry, I don't know any attorneys that deal with civil cases like non-compete.
Thanks.
i greatly appreciate your responses.
Could you PM me the name of the company that is causing so much trouble to you? That way I can be alert and also let my friends know not to join should they come across that company.
I am sorry, I don't know any attorneys that deal with civil cases like non-compete.
Thanks.
rabis
04-13 02:00 PM
For a medical REF how many days do we have to reply?
Thanks,
RabiS
Thanks,
RabiS
andy garcia
07-30 02:54 PM
but we do get the original FP notice , right?
That is correct. I meant Lawyers get copies. we get the originals.
That is correct. I meant Lawyers get copies. we get the originals.
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