nomi
12-11 01:46 PM
I will be more than happy to pay $5000 if USCIS allow me to file for EAD and AP after I-140 approval. This way, I can work where ever i want and travel whenever I want. $5000 is nothing to get this kind of freedom. What do you guys think ?
thx.
thx.
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GCwaitforever
07-09 08:27 AM
Good job guys. May be it is time we invite Labor secretary Elaine Chao also to participate in these talk shows (in addition to law makers like Kennedy/Brownback/McCain). That is the only participant missing - someone from DOL/USCIS/DHS, as the Government entity responsible for immigration.
EB-VoiceImmigration
08-22 04:46 AM
While no doubt, getting PERM approved is difficult at this time, it's not impossible (I have a few close friends who got them approved recently in EB2 though they had to wait a long time for it) and giving it a shot is well worth it if things work out in OPs favor.
I think ur friends PERM got approved becuase they filed before this economic depression. meaning, when the recruitments efforts were made for your friends case there is not much unemployment and might not have received any resumes. And I believe DOL check when the labor filed.. not current time.. while approving or denying it. So as some one mentioned now its not the case.
I think ur friends PERM got approved becuase they filed before this economic depression. meaning, when the recruitments efforts were made for your friends case there is not much unemployment and might not have received any resumes. And I believe DOL check when the labor filed.. not current time.. while approving or denying it. So as some one mentioned now its not the case.
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radm06
11-11 12:34 PM
I filed concurrent I140/I485 June 27, still pending :)
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kartikiran
03-31 12:34 PM
done
omahaguy
04-09 05:34 PM
You are right axp817, but small correction.
Company A (old company) attorney filed I 485 based on the I-140 approval from
company A.
Company A (old company) attorney filed I 485 based on the I-140 approval from
company A.
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zj142
07-10 09:01 PM
They probably figured out that accepting those application is actually a better deal comparing with settling a lawsuit with ALIF.
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ImmiUser
07-12 11:40 PM
I might had refresh immigration-law and travel.state.gov websites atleast for 100 times in last half an hour just to get glimpse of Aug bulletin :(
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nayekal
08-07 10:35 PM
Guys,
Not sure whether my suggestions help any one, but I do have some real time knowledge about this process.
You can do EB2 with following options
1. A bachelor's (4 year degree) + 5 years exp. This exp should be with prior companies.
2. Master's with no minimum exp.
I am assuming you guys already have knowledge about EB2 requirements and skills. Basically, there is nothing in IT, which needs Bachelors or Masters. Requirement is defined by HR on advice by Attorney. Any job requirement can be defined as some thing which needs a bachelors or masters.
My company applied for me and another guy under EB2, since both of us have master's degrees over here. But, for another guy who had 7-8 years of prior exp, my attorney applied in EB3. This guys is a dev team lead and is one level above me.
By April 2008, we had our I-140's approved, but this guy (in EB3) doesn't know he in EB3.
Accidentally, I found out when I am cross checking with him regarding H4 extension for my wife, whether he did it on time for his wife.
We forced him to talk to HR and Attorney and they agreed to do EB2 for him.
Attorney simply filed I-140 under EB2 using his EB3 labor and it was approved in 4 months.
We are confused about this whole process, but it worked for him. May be some of you, who falls in this category can try doing the same with out actually changing jobs.
Another option for people who are using EAD. I am encouraging one of my colleague to get him to talk to HR, to apply for EB2. He doesn't have H1, but one doesn't need to have H1, when they have some thing like EAD. They can use EAD to change job and start the process again, but once their ported old PD with new I-140 was approved, they will be ready to file new I-485. This will reduce their waiting time a lot.
Thanks,
Nayekal
Not sure whether my suggestions help any one, but I do have some real time knowledge about this process.
You can do EB2 with following options
1. A bachelor's (4 year degree) + 5 years exp. This exp should be with prior companies.
2. Master's with no minimum exp.
I am assuming you guys already have knowledge about EB2 requirements and skills. Basically, there is nothing in IT, which needs Bachelors or Masters. Requirement is defined by HR on advice by Attorney. Any job requirement can be defined as some thing which needs a bachelors or masters.
My company applied for me and another guy under EB2, since both of us have master's degrees over here. But, for another guy who had 7-8 years of prior exp, my attorney applied in EB3. This guys is a dev team lead and is one level above me.
By April 2008, we had our I-140's approved, but this guy (in EB3) doesn't know he in EB3.
Accidentally, I found out when I am cross checking with him regarding H4 extension for my wife, whether he did it on time for his wife.
We forced him to talk to HR and Attorney and they agreed to do EB2 for him.
Attorney simply filed I-140 under EB2 using his EB3 labor and it was approved in 4 months.
We are confused about this whole process, but it worked for him. May be some of you, who falls in this category can try doing the same with out actually changing jobs.
Another option for people who are using EAD. I am encouraging one of my colleague to get him to talk to HR, to apply for EB2. He doesn't have H1, but one doesn't need to have H1, when they have some thing like EAD. They can use EAD to change job and start the process again, but once their ported old PD with new I-140 was approved, they will be ready to file new I-485. This will reduce their waiting time a lot.
Thanks,
Nayekal
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gcseeker2002
11-11 11:10 AM
I was exactly in the similar situation. My wife entered on H4, started work on EAD. Now we are traveling to India, both have AP as well as H visa (H1 for myself, H4 for wife). I talked to our corporate lawyers pretty much the exact same questions you are asking. Here is the response (that I have in writing from the lawyers):
1. H4 status is invalidated the first day you report for work on EAD. While you are working, your status is AOS in the US. There is no consequence of this change (ie you do not have to report anything to the USCIS).
2. When you reenter the US, you can use H4 for reentry. (Yes, even if you are still employed the employer with an EAD and went to India only for "vacation"). This is because at the point of entry, the definition for "working on EAD" is actually reporting to work. As long as the H1 is valid, you can enter on H4. Your status at the point of entry is H4 admission. However, if you report to work the next day, your H4 status again is invalidated and you are back on AOS.
This is a pretty confusing scenario for many and multiple lawyers that I consulted have agreed with the above legal advise.
So, even though we have AP, we would be using our H visas to enter.
Send me a PM if you have further questions.
We are in exact same scenario, but was thinking that H4 holder has to enter using AP to continue to use EAD after "vacation" . So is it like, Use H4 for travel and EAD to work, instead of , Use AP for travel and EAD to work? This will be of great help to many people who are scared to use AP or not want to face the extra half hour at immigration counters.
1. H4 status is invalidated the first day you report for work on EAD. While you are working, your status is AOS in the US. There is no consequence of this change (ie you do not have to report anything to the USCIS).
2. When you reenter the US, you can use H4 for reentry. (Yes, even if you are still employed the employer with an EAD and went to India only for "vacation"). This is because at the point of entry, the definition for "working on EAD" is actually reporting to work. As long as the H1 is valid, you can enter on H4. Your status at the point of entry is H4 admission. However, if you report to work the next day, your H4 status again is invalidated and you are back on AOS.
This is a pretty confusing scenario for many and multiple lawyers that I consulted have agreed with the above legal advise.
So, even though we have AP, we would be using our H visas to enter.
Send me a PM if you have further questions.
We are in exact same scenario, but was thinking that H4 holder has to enter using AP to continue to use EAD after "vacation" . So is it like, Use H4 for travel and EAD to work, instead of , Use AP for travel and EAD to work? This will be of great help to many people who are scared to use AP or not want to face the extra half hour at immigration counters.
more...
prolegalimmi
10-02 03:50 PM
Some scenarios to consider
1. If 140 is approved and its been 6 months since date of 485 application and your company who sponsored is not revoking 140, then ability to pay might not matter and you don't care since you can use AC21
2. If 140 is approved and it has not been 6 months since 485 application date and you are on good terms with and your employer is not going to revoke your 140 , take an unpaid vacation to fill the 6 months gap if you can, then you are still safe to use AC21.
3. If your 140 is not approved but you have passed the 180 days litmus test and you use AC21 to move to another employer then the ability to pay might come in to picture if any RFE is done by USCIS.
4. If 140 is not approved and you have not passed 180 days its a variation of the 2nd case and if you can pull it off you can use AC21 and work elsewhere later.
there might be other scenarios but consider each of them carefully before making the decision. While it might seem a simple decision having come so far in your journey you don't want to make as wrong decision only to rue it.
- good luck
Hello Krishnam
I have a I-485 pending, and there is a chance I may be laid off after 180 days. Would I have to have another similar job offer at hand, or can I still continue looking for a job after 180 days of I-485 till I find one ?
Thank you for your help.
1. If 140 is approved and its been 6 months since date of 485 application and your company who sponsored is not revoking 140, then ability to pay might not matter and you don't care since you can use AC21
2. If 140 is approved and it has not been 6 months since 485 application date and you are on good terms with and your employer is not going to revoke your 140 , take an unpaid vacation to fill the 6 months gap if you can, then you are still safe to use AC21.
3. If your 140 is not approved but you have passed the 180 days litmus test and you use AC21 to move to another employer then the ability to pay might come in to picture if any RFE is done by USCIS.
4. If 140 is not approved and you have not passed 180 days its a variation of the 2nd case and if you can pull it off you can use AC21 and work elsewhere later.
there might be other scenarios but consider each of them carefully before making the decision. While it might seem a simple decision having come so far in your journey you don't want to make as wrong decision only to rue it.
- good luck
Hello Krishnam
I have a I-485 pending, and there is a chance I may be laid off after 180 days. Would I have to have another similar job offer at hand, or can I still continue looking for a job after 180 days of I-485 till I find one ?
Thank you for your help.
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chanduv23
02-12 01:52 PM
I am in for running/jogging/hiking in NY area. Planning to go hikig this week end.... Any body in? ....
U Sure, with the kind of weather? Currently it is pounding snow at my workplace in New Jersey - unless you want to do a "threadmill" marathon :)
U Sure, with the kind of weather? Currently it is pounding snow at my workplace in New Jersey - unless you want to do a "threadmill" marathon :)
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yabadaba
06-19 09:26 PM
as usual no email from GA chapter.
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glus
01-24 07:46 PM
You can put any number in your signature.
We need an authentic interface to contributions by all members. This should require member login.
This is so pathetic you wrote. Why would one lie, and what benefit would you get by knowing that someone has contributer such and such? I am sorry, but I do not get your reasoning...
Also, that would require the IV members to develop a whole app or something like that to track the members' contributions.
I think people (at least some of them) are serious enough to write the truth; at least about their contributions......
And the fact that , "it would require member login", does not help here as anyone can register and become a member within 1 minute.....
Regards,
We need an authentic interface to contributions by all members. This should require member login.
This is so pathetic you wrote. Why would one lie, and what benefit would you get by knowing that someone has contributer such and such? I am sorry, but I do not get your reasoning...
Also, that would require the IV members to develop a whole app or something like that to track the members' contributions.
I think people (at least some of them) are serious enough to write the truth; at least about their contributions......
And the fact that , "it would require member login", does not help here as anyone can register and become a member within 1 minute.....
Regards,
more...
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Vlora
10-26 09:01 AM
[QUOTE=qplearn]If the name check happens before the 485 process is cleared, great! If not, you wait for the name check; lots (and believe me tens of thousands) of people belong to the second group. Since this forum mostly has people stuck in the process at earlier stages, you are not going to find too many people with that kind of experience here. [QUOTE=qplearn]
Absolutely correct - thanks qplearn, a true senior member.
[QUOTE=qplearn] So your respected lawyer is technically correct, but what he/she is saying can be very badly misleading!! One gets the impression that clearing the name check happens automatically with completing work on the 485 by USCIS.[QUOTE=qplearn]
No, that's not what I claimed, unless my English screwed me up - (for the other readers), no one should believe that.
[QUOTE=qplearn]And the name check is certainly not a part of the 140 approval even if the 140 and 485 are submitted concurrently. If any lawyer is telling you this, please change him/her.[QUOTE=qplearn][/I]
Murthy's report (http://www.murthy.com/mb_pdf/apr2304.pdf) makes a different interpretation. My lawyer could not confirm/deny it.
I hope what I said above makes sense :) Took me a long time to compose that ...:)
Thanks qplearn, lots of useful info.
Absolutely correct - thanks qplearn, a true senior member.
[QUOTE=qplearn] So your respected lawyer is technically correct, but what he/she is saying can be very badly misleading!! One gets the impression that clearing the name check happens automatically with completing work on the 485 by USCIS.[QUOTE=qplearn]
No, that's not what I claimed, unless my English screwed me up - (for the other readers), no one should believe that.
[QUOTE=qplearn]And the name check is certainly not a part of the 140 approval even if the 140 and 485 are submitted concurrently. If any lawyer is telling you this, please change him/her.[QUOTE=qplearn][/I]
Murthy's report (http://www.murthy.com/mb_pdf/apr2304.pdf) makes a different interpretation. My lawyer could not confirm/deny it.
I hope what I said above makes sense :) Took me a long time to compose that ...:)
Thanks qplearn, lots of useful info.
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anu_t
08-04 12:53 PM
Team,
I am in eb3 with priority date jan/2007 and working with EAD and 485 pending.
my sponsered employer willing to promote me with my position and i was having thought of filing a new case in eb2 and port my eb3 priority date. my company has different sister company working in different areas, can I file my eb2 application from other sister company not from the company where my eb3 is filed?
Also I have 3 years degree and 1 year pgdca plus 10 plus years of experience. I wanted to know if you know anybody who filed eb2 with 3 years degree and 1 year pgdca? according to my research i may have trouble at 140 stage?
if my eb2 gets denied, what happens to my eb3 case?
Please advice.
Thanks,
Matt.
I know you won't like my reply but it is tough to get EB2 case approved with 3 years degree. Just what i observed in my circle. But if you feel comfortable doing it go ahead.
I am in eb3 with priority date jan/2007 and working with EAD and 485 pending.
my sponsered employer willing to promote me with my position and i was having thought of filing a new case in eb2 and port my eb3 priority date. my company has different sister company working in different areas, can I file my eb2 application from other sister company not from the company where my eb3 is filed?
Also I have 3 years degree and 1 year pgdca plus 10 plus years of experience. I wanted to know if you know anybody who filed eb2 with 3 years degree and 1 year pgdca? according to my research i may have trouble at 140 stage?
if my eb2 gets denied, what happens to my eb3 case?
Please advice.
Thanks,
Matt.
I know you won't like my reply but it is tough to get EB2 case approved with 3 years degree. Just what i observed in my circle. But if you feel comfortable doing it go ahead.
more...
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telekinesis
05-24 12:51 PM
Sounds good. Almost done with mine!
By the way, the title at the top of the browser assumes I'm graphicslash.
By the way, the title at the top of the browser assumes I'm graphicslash.
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abcdefgh
12-14 03:57 PM
I, personally, do not know anyone who lives in Canada and is complaning about jobs. Every beginning is difficult but for us who come to Canada from the US, I do not think the beginning would be difficult at all. Even with their famous Canadian exp only requirements....
Also, when you guys weigh in job prospects in Canada in comparison to being on H1 in the US, do you consider that your spouses would have a fair chance to at least re-start their careers or start their new careers, or do you think / know that your spouses will actually continue to stay at home?
In that case there is no difference between staying here or going there, right?
Agreed. In addition, you don't have sword of VISA status hanging on you every morning when yuo wake up.
I can not convince my self about one would not get job forever. Few of my friends struggled for jobs for about six to ten months but then they actually got good jobs and that is even in industrail engineering area with indian experience.
Also, when you guys weigh in job prospects in Canada in comparison to being on H1 in the US, do you consider that your spouses would have a fair chance to at least re-start their careers or start their new careers, or do you think / know that your spouses will actually continue to stay at home?
In that case there is no difference between staying here or going there, right?
Agreed. In addition, you don't have sword of VISA status hanging on you every morning when yuo wake up.
I can not convince my self about one would not get job forever. Few of my friends struggled for jobs for about six to ten months but then they actually got good jobs and that is even in industrail engineering area with indian experience.
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visves
09-19 12:35 PM
There was another russian gentleman who got his green card 6 months back and is a student now. Yet, he had driven 3 hours from NJ just to cheer us. He mentioned that he understands how painful this process is and wanted to encourage us by attending.
I want to thank this european who got his greencard 2 weeks back but still attended the rally. There may be more heroes like this. I was in a group of people when we spoke to him, didnt catch his name as i was encouraging bypassers to honk their cars to support our cause.
He is over 6 foot, in immigration voice t-shirt and blue jeans. He is swedish...Please share his name if anybody knows....
I want to thank this european who got his greencard 2 weeks back but still attended the rally. There may be more heroes like this. I was in a group of people when we spoke to him, didnt catch his name as i was encouraging bypassers to honk their cars to support our cause.
He is over 6 foot, in immigration voice t-shirt and blue jeans. He is swedish...Please share his name if anybody knows....
bugsbunny
04-10 09:37 PM
Do you have a question for IV?
post it here...i'll compile a list once i have a good number of them
if you know the answer to a question...please reply
I would very much appreciate it if we can keep it civil and avoid hijacking this thread :)
Q. What is Immigration Voice's agenda and purpose?
A. The agenda is to lobby US Lawmakers for legislation to help clear the backlog for Employment Based green cards
post it here...i'll compile a list once i have a good number of them
if you know the answer to a question...please reply
I would very much appreciate it if we can keep it civil and avoid hijacking this thread :)
Q. What is Immigration Voice's agenda and purpose?
A. The agenda is to lobby US Lawmakers for legislation to help clear the backlog for Employment Based green cards
pappu
02-23 10:10 AM
If any continuing recurring IV contributor (Donor member) gets a 1 year EAD/AP document, let IV know. We will try to help you get a 2 year document from USCIS.