amitnaik
08-22 04:44 PM
Here are the details:
Working with an employer since 2001, EB 3 PD Dec 2003, EAD in 2007, Still on H1b until Nov 10. Though had two masters i had filed under EB 3 (no one to balim it was just me...Small Company, not so called HR department and hired not so high profile/deligent lawyer (later found out that he was busy moving from west to east coast)
With the same employer, i have rec'd EB 2 approval, want to file I 140 and port EB 3 PD.
Need help/input with folloiwng from the gurus:
1) in EB 3 application the title is "Construction Engineer" with 4 lines of scope of work clarification with bachelors degree in civil engg. and no experience requirement. In EB 2 application, we have used same title "Construction Engineer" with 4 lines of scope of work, we had left 2 lines common (as earlier in EB3 application) and 2 new lines (related to environmental engg. since i have two env. engg. masters with BE in civil engg.)......this ad asked for MS in env. engg. or similar degree with no experience requirement.
Question: EB 2 Labor is approved, i am not sure what they check with i 140 application but does above sound reasonable (not that anything can be changed...but asking for an opinion here).
2) With premium processing, how long it takes to get I140 approved?
3) Do we just file for I 140 for EB 2 first, get it approved and then file letter/application ( i don't know the procedure/protocol) asking to port PD OR do we need file some sort of paper work with I140 to port PD.
Appreciate your help.
Thanks in advance.
Working with an employer since 2001, EB 3 PD Dec 2003, EAD in 2007, Still on H1b until Nov 10. Though had two masters i had filed under EB 3 (no one to balim it was just me...Small Company, not so called HR department and hired not so high profile/deligent lawyer (later found out that he was busy moving from west to east coast)
With the same employer, i have rec'd EB 2 approval, want to file I 140 and port EB 3 PD.
Need help/input with folloiwng from the gurus:
1) in EB 3 application the title is "Construction Engineer" with 4 lines of scope of work clarification with bachelors degree in civil engg. and no experience requirement. In EB 2 application, we have used same title "Construction Engineer" with 4 lines of scope of work, we had left 2 lines common (as earlier in EB3 application) and 2 new lines (related to environmental engg. since i have two env. engg. masters with BE in civil engg.)......this ad asked for MS in env. engg. or similar degree with no experience requirement.
Question: EB 2 Labor is approved, i am not sure what they check with i 140 application but does above sound reasonable (not that anything can be changed...but asking for an opinion here).
2) With premium processing, how long it takes to get I140 approved?
3) Do we just file for I 140 for EB 2 first, get it approved and then file letter/application ( i don't know the procedure/protocol) asking to port PD OR do we need file some sort of paper work with I140 to port PD.
Appreciate your help.
Thanks in advance.
wallpaper parrish weeds silas botwin
anishNewbie
09-02 02:49 PM
Admin please delete this thread.. as this a repost.. I have same another thread going..
pod1
10-21 12:42 AM
I am in 6th year of my H1B. It is expiring in Aug 2011.
Here are some details:
- My I-140 is approved with a priority date of Aug 2006 under EB2-India.
- I did not apply for I-485 so I do not have a EAD.
- My wife is also on H1B which expires in Aug 2012.
Here are my questions:
1) If I apply for H1B extension in July 2011 under regular processing and assuming it takes 4-5 months for USCIS to process the application, can I still continue to work? For how many days can I work if visa renewal is still in processing after the visa has expired.
2) If I get a denial of H1B extension do I become out of status from the date of denial or from the day H1B got expired?
3) If I get a denial of H1B extension can I immediately apply for H4 as a dependent to my wife's visa without any issues?
4) If I get a denial of H1B extension, what happens to my I-140? Is it automatically invalid?
5) If I do convert to H4 status and my priority date becomes current can I apply for I-485?
Here are some details:
- My I-140 is approved with a priority date of Aug 2006 under EB2-India.
- I did not apply for I-485 so I do not have a EAD.
- My wife is also on H1B which expires in Aug 2012.
Here are my questions:
1) If I apply for H1B extension in July 2011 under regular processing and assuming it takes 4-5 months for USCIS to process the application, can I still continue to work? For how many days can I work if visa renewal is still in processing after the visa has expired.
2) If I get a denial of H1B extension do I become out of status from the date of denial or from the day H1B got expired?
3) If I get a denial of H1B extension can I immediately apply for H4 as a dependent to my wife's visa without any issues?
4) If I get a denial of H1B extension, what happens to my I-140? Is it automatically invalid?
5) If I do convert to H4 status and my priority date becomes current can I apply for I-485?
2011 Silas Botwin silas weeds
wandmaker
08-19 01:56 PM
Hi Gurus,
I am in company A on H1B and doing H1B transfer to Company B.
Company B is saying that I can join the same day on which the H1B transfer packet is received by USCIS.
if the docs are delivered on SEP 01 2009 can I join on the same day, or I should join from SEP 02 2009
With the current trend and chances of improper filing, I would not recommend you to join based on delivery receipt. Instead, you can join after you receive the receipt notice or approval. If I were you, I would choose the latter.
I am in company A on H1B and doing H1B transfer to Company B.
Company B is saying that I can join the same day on which the H1B transfer packet is received by USCIS.
if the docs are delivered on SEP 01 2009 can I join on the same day, or I should join from SEP 02 2009
With the current trend and chances of improper filing, I would not recommend you to join based on delivery receipt. Instead, you can join after you receive the receipt notice or approval. If I were you, I would choose the latter.
more...
nathan99
04-21 05:44 AM
I always have liked bacon... :thumb:
Kapils573
12-11 12:55 PM
Priority date : May 2006
EAD : 2 yrs
EAD : 2 yrs
more...
jaya_chh
09-19 11:35 AM
Hello All,
I got my H1B in 2006 and started working in Nov 2006. My employer while filing my H1 petition- on my LCA mentioned that I would work in OH.
From Jan this year, I started working in NJ but my employer did not file a LCA for NJ.
Now I have to get my H1 stamped from Mumbai consulate and the lawyer tells me that this could be a problem.
As of now, he filed LCA for NJ, but says that he doesn't have a answer to why it was not done in Jan and that my stamping at Mumbai.
Has anyone faced such a issue.
Please share your experiences and views.
Thanks.
I got my H1B in 2006 and started working in Nov 2006. My employer while filing my H1 petition- on my LCA mentioned that I would work in OH.
From Jan this year, I started working in NJ but my employer did not file a LCA for NJ.
Now I have to get my H1 stamped from Mumbai consulate and the lawyer tells me that this could be a problem.
As of now, he filed LCA for NJ, but says that he doesn't have a answer to why it was not done in Jan and that my stamping at Mumbai.
Has anyone faced such a issue.
Please share your experiences and views.
Thanks.
2010 Hunter Parrish as Silas Botwin
sku123
12-01 12:20 PM
I have a troublesome situation for which I need some help and potentially some legal inputs:
I am a green card holder with a priority date of april 2006.
I am planning to get married to an Indian citizen with no visa to USA (in fact, I tried to marry her before my green card got approved, but the way things turned out, I couldnt).
I now see that the priority for FB 2A is Aug/2010. If I were to marry her in Dec, can I file for her FB green card right away? How long would it take for her to the approval?
She is also working with her indian employer (software firm) to file for her H1B and/or B1. But, it is taking a long time.
Would a visitor visa or any other mechanism be possible? Could you please help me understand and fix my situation.
Can i go to India for a longer duration? How long can I move back to India without hurting my green card?
Regards,
Srinivas
I am a green card holder with a priority date of april 2006.
I am planning to get married to an Indian citizen with no visa to USA (in fact, I tried to marry her before my green card got approved, but the way things turned out, I couldnt).
I now see that the priority for FB 2A is Aug/2010. If I were to marry her in Dec, can I file for her FB green card right away? How long would it take for her to the approval?
She is also working with her indian employer (software firm) to file for her H1B and/or B1. But, it is taking a long time.
Would a visitor visa or any other mechanism be possible? Could you please help me understand and fix my situation.
Can i go to India for a longer duration? How long can I move back to India without hurting my green card?
Regards,
Srinivas
more...
natan
09-10 12:32 AM
Hello gurus,
I woked with Company A and got my I140 approved(PD sep 04 EB2). I had issue with Company A that they asked me wait to apply my I485 in july 2007 wave. I frustrated and moved to Company B and substitued another labor(PD May-2002 EB3), got theI140 approval and 485 is pending from july 2007. In the Meantime, Company A withdrawn my approved EB2 I140 petition couple of months ago to protect one of their employee I140 petition.
Currently i believe the situvation is not good for EB3 and planned to enable my "Company A" I140 petition to apply for I485. Will USCIS allow company A to enable the withrdrawn I140 petition to apply my I485? Your help would be greatly appreciated.
Regards
Natan
I woked with Company A and got my I140 approved(PD sep 04 EB2). I had issue with Company A that they asked me wait to apply my I485 in july 2007 wave. I frustrated and moved to Company B and substitued another labor(PD May-2002 EB3), got theI140 approval and 485 is pending from july 2007. In the Meantime, Company A withdrawn my approved EB2 I140 petition couple of months ago to protect one of their employee I140 petition.
Currently i believe the situvation is not good for EB3 and planned to enable my "Company A" I140 petition to apply for I485. Will USCIS allow company A to enable the withrdrawn I140 petition to apply my I485? Your help would be greatly appreciated.
Regards
Natan
hair silas weeds
dragonninja
04-18 11:18 AM
oops ... ok i fixed it ....
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dvb123
01-11 09:10 PM
I am also in a similar situation. My dad's brother filed for my dad in 1983. However my dad did not go for his visa interview as he was no longer interested in moving to US and due to him I am stuck reading immigrationvoice.org forums everyday.
Since your application is filed before 1998 you are eligible for 245(i) as a grandfathered alien . Suppose you fall out of status for any amount of time during your h1 period you can use 245(i) , pay 1000$ and still file for i-485 .
245(k) which is available for everybody and protects an out of status person for 180 days while 245(i) is available for persons only who were a beneficiary or a derivative beneficiary of a i-130 application or i-140 application before 1998.
I did extensive research on porting of priority dates. Priority dates can be ported in the following situations
a) Family petition when a son/daughter turns 21.
b) Employment based petition when an i-140 is approved and will not be revoked by the previous employer before this i-140 priority date is transferred to another i-140 petition.
c) Employment based petition when 180 days have passed since i-485 is filed and i-140 is approvable due to AC 21 regulations (note the word approvable)
d) Priority dates before 1977.
However I do know of any recapture mechanism for priority dates from family based petitions to employment based petitions. However if you do find any interesting information about porting dates from family based application to employment based information pls do post it.
Since your application is filed before 1998 you are eligible for 245(i) as a grandfathered alien . Suppose you fall out of status for any amount of time during your h1 period you can use 245(i) , pay 1000$ and still file for i-485 .
245(k) which is available for everybody and protects an out of status person for 180 days while 245(i) is available for persons only who were a beneficiary or a derivative beneficiary of a i-130 application or i-140 application before 1998.
I did extensive research on porting of priority dates. Priority dates can be ported in the following situations
a) Family petition when a son/daughter turns 21.
b) Employment based petition when an i-140 is approved and will not be revoked by the previous employer before this i-140 priority date is transferred to another i-140 petition.
c) Employment based petition when 180 days have passed since i-485 is filed and i-140 is approvable due to AC 21 regulations (note the word approvable)
d) Priority dates before 1977.
However I do know of any recapture mechanism for priority dates from family based petitions to employment based petitions. However if you do find any interesting information about porting dates from family based application to employment based information pls do post it.
hot Parrish as Silas Botwin,
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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house pictures Silas Botwin weeds
k2006
08-22 12:44 PM
It is not clear to me why there is inconsistency on whatever they reply for the processing of NSC-->CSC-->NSC cases. Sometime I hear NSC mentions that these transfer cases would be processed based on CSC processing date (which doen't make sense because CSC stopped processing of I-485 caes, so how CSC processing date would move and the transferred case is waiting in NSC not in CSC) and sometime I hear NSC mentions those cases would be processed based on NSC processing date. Which one is actually true ?
I am wondering so far have we seen any approval from NSC for NSC-->CSC-->NSC transferred cases whose processing date RD/ND falls in 2007 (after the 2006 processing date of CSC).
I am wondering so far have we seen any approval from NSC for NSC-->CSC-->NSC transferred cases whose processing date RD/ND falls in 2007 (after the 2006 processing date of CSC).
tattoo Parrish Weeds Silas Botwin
Blog Feeds
10-26 11:40 AM
For most Lawyers handing H1B (http://www.h1b.biz/lawyer-attorney-1137085.html)cases, the problem with the Labor Condition Application (LCA) system has become a nightmare. Some cases take almost 14 days to be resolved and the FEIN denials are completely unreasonable.
Finally, the USCIS Ombudsman release a set of recommendations to handle the recent problems.
In August and September 2009, the Ombudsman received complaints concerning H-1B cases with incorrectly denied Labor Condition Applications (LCA/ETA-9035) filed with the U.S. Department of Labor (DOL). LCA processing delays and errors at DOL, when coupled with USCIS� current H-1B petition initial filing requirements, are prejudicing employers and individuals who are unable to timely file original or extension H-1B visa petitions. Untimely H-1B petition filings lead to
problems, including: (1) the potential loss of employees� legal status; (2) business operation disruptions due to the loss of continuity in the employment of key employees; and (3) economic loss to employees in the form of lost wages and costs of travel overseas due to loss of status. USCIS has the authority to mitigate the impact upon these customers.
To mitigate the impact of LCA processing difficulties, the Ombudsman recommends that USCIS:
(1) Reinstate USCIS� previous practice of temporarily accepting an H-1B petition (Form I- 129) supported by proof of timely filing of an LCA application with DOL, and issue a
Request for Evidence (RFE) whereby the H-1B petitioner later provides the certified
LCA; and
(2) Establish a temporary policy under which USCIS would excuse late H-1B filings where the petitioner has documented an LCA submission to DOL that was improperly
rejected.
Given that Form I-129 instructions say a petitioner must provide evidence that an LCA has been filed with DOL, and that USCIS has previously accommodated petitioners in nearly the same circumstances, implementing these recommendations as a temporary solution is warranted. We welcome the above referenced guidance, and hope this will assist many H1B (http://www.h1b.biz/lawyer-attorney-1137085.html) filers that are in need of faster processing.
More... (http://www.visalawyerblog.com/2009/10/h1b_visa_lawyer_temporary_acce.html)
Finally, the USCIS Ombudsman release a set of recommendations to handle the recent problems.
In August and September 2009, the Ombudsman received complaints concerning H-1B cases with incorrectly denied Labor Condition Applications (LCA/ETA-9035) filed with the U.S. Department of Labor (DOL). LCA processing delays and errors at DOL, when coupled with USCIS� current H-1B petition initial filing requirements, are prejudicing employers and individuals who are unable to timely file original or extension H-1B visa petitions. Untimely H-1B petition filings lead to
problems, including: (1) the potential loss of employees� legal status; (2) business operation disruptions due to the loss of continuity in the employment of key employees; and (3) economic loss to employees in the form of lost wages and costs of travel overseas due to loss of status. USCIS has the authority to mitigate the impact upon these customers.
To mitigate the impact of LCA processing difficulties, the Ombudsman recommends that USCIS:
(1) Reinstate USCIS� previous practice of temporarily accepting an H-1B petition (Form I- 129) supported by proof of timely filing of an LCA application with DOL, and issue a
Request for Evidence (RFE) whereby the H-1B petitioner later provides the certified
LCA; and
(2) Establish a temporary policy under which USCIS would excuse late H-1B filings where the petitioner has documented an LCA submission to DOL that was improperly
rejected.
Given that Form I-129 instructions say a petitioner must provide evidence that an LCA has been filed with DOL, and that USCIS has previously accommodated petitioners in nearly the same circumstances, implementing these recommendations as a temporary solution is warranted. We welcome the above referenced guidance, and hope this will assist many H1B (http://www.h1b.biz/lawyer-attorney-1137085.html) filers that are in need of faster processing.
More... (http://www.visalawyerblog.com/2009/10/h1b_visa_lawyer_temporary_acce.html)
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pictures Andy Botwin
indyanguy
01-04 10:04 AM
It might be helpful to gather numbers on how many of the July/Aug filers have invoked AC21 (with or without letting USCIS know)
dresses Parrish as Silas Botwin,
fasterthanlight�
06-14 10:25 PM
Well then at least center it!
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makeup Parrish as Silas Botwin
pcs
01-25 09:38 PM
Dear IV Friend & Your better half,
IV does not support any abusive & insulting behaviour towards anyone incuding our worst adversary Lou Dobbs.
Please remember, we do have some members from antiimmigrant groups like numberUSA, who have created similar siyuations in the past.
Financial contribution is no doubt VITAL for our cause but we will never, I repeat never encourage any IV member to spoil their financial security to contribute towards IV. Please do not feel bad if you can not contribute ( we only feel let down by the people, who can contribute but do not do so)
I would request both of you to spread good word about IV & get us some active members & that will be great.
We are trying to POWER OF NUMBERS !!!!!!!!!!!
So cheer up & get active
Best wishes
IV does not support any abusive & insulting behaviour towards anyone incuding our worst adversary Lou Dobbs.
Please remember, we do have some members from antiimmigrant groups like numberUSA, who have created similar siyuations in the past.
Financial contribution is no doubt VITAL for our cause but we will never, I repeat never encourage any IV member to spoil their financial security to contribute towards IV. Please do not feel bad if you can not contribute ( we only feel let down by the people, who can contribute but do not do so)
I would request both of you to spread good word about IV & get us some active members & that will be great.
We are trying to POWER OF NUMBERS !!!!!!!!!!!
So cheer up & get active
Best wishes
girlfriend Silas
updsoft
09-22 05:55 PM
thanks for the infn.
my existing company is NOT processing Green card. Also If i plan to switch to H1B again i would be elapsing nearly 5.9 months hence i won't have enough time to apply for Green Card. I am running out of choice now.
my existing company is NOT processing Green card. Also If i plan to switch to H1B again i would be elapsing nearly 5.9 months hence i won't have enough time to apply for Green Card. I am running out of choice now.
hairstyles on Weeds as silas botwin.
like_watching_paint_dry
01-20 09:37 AM
If you're a lot of people and one fine Saturday eve, you get calls from more than one of 'm to go out than the hotter one is what's called a "pririty date".:D
Sorry. Couldn't help.
And since the immigration system here has got its act upside-down, the older the date is, the hotter it gets.. :D
Sorry. Couldn't help.
And since the immigration system here has got its act upside-down, the older the date is, the hotter it gets.. :D
saravanaraj.sathya
08-23 10:14 PM
Bump
I sent pm to the ppl around Buffalo, NY. Pl respond.
I sent pm to the ppl around Buffalo, NY. Pl respond.
eb3retro
09-15 01:39 PM
Please update your profile.
Applying AP second time....
Application submitted online - 09/09
Possible RFE date - 09/10 ( I didn't check)
9/11 and 9/12 (weekends)
Supporting document received by USCIS - 9/13 (Morning)
Checked the status on 09/14/2010 - The current status is - Request for Evidence Response Review
---------------------------------------------------------------
On September 13, 2010, we received your response to our request for evidence. This case is being processed at our NEBRASKA SERVICE CENTER location. If you move while this case is pending, please use our Change of Address online tool to update your case with your new address .......
---------------------------------------------------------------
Soft LUD on 9/14 and 9/15
Not sure if they issued an RFE or just changed the status. I have just submitted the supporting document after E-File.
Anyone is similar situation?
Applying AP second time....
Application submitted online - 09/09
Possible RFE date - 09/10 ( I didn't check)
9/11 and 9/12 (weekends)
Supporting document received by USCIS - 9/13 (Morning)
Checked the status on 09/14/2010 - The current status is - Request for Evidence Response Review
---------------------------------------------------------------
On September 13, 2010, we received your response to our request for evidence. This case is being processed at our NEBRASKA SERVICE CENTER location. If you move while this case is pending, please use our Change of Address online tool to update your case with your new address .......
---------------------------------------------------------------
Soft LUD on 9/14 and 9/15
Not sure if they issued an RFE or just changed the status. I have just submitted the supporting document after E-File.
Anyone is similar situation?