shreekarthik
06-08 05:57 PM
Guys,
I have approved EB3 LC and approved I 140 with PD JAN 2002. My wife has approved EB2 LC (Perm) and Approved I 140 with PD JAN 2006
As we represent one family can't my wife use my PD and apply I 485 under EB2.
for example If husband is born in a retrogressed country and wife in a non retrogressed country in that case, husband gets a free ride !
Why not in this case ? Just curious !
in case of spouses having different nationality, we can flip the primary applicant and are not mis-matching the priority dates. So if ur wife is from a non-retro country her PD is still going JAN 2006 but since she is from non-retro she has greater chance of success.
But here u want ur priority date to be applied to your spouse application and that's not legally possible. As the other poster says u can try PERM for EB2 and xfer ur old PD to the new PERM.
I have approved EB3 LC and approved I 140 with PD JAN 2002. My wife has approved EB2 LC (Perm) and Approved I 140 with PD JAN 2006
As we represent one family can't my wife use my PD and apply I 485 under EB2.
for example If husband is born in a retrogressed country and wife in a non retrogressed country in that case, husband gets a free ride !
Why not in this case ? Just curious !
in case of spouses having different nationality, we can flip the primary applicant and are not mis-matching the priority dates. So if ur wife is from a non-retro country her PD is still going JAN 2006 but since she is from non-retro she has greater chance of success.
But here u want ur priority date to be applied to your spouse application and that's not legally possible. As the other poster says u can try PERM for EB2 and xfer ur old PD to the new PERM.
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vdixit
04-10 08:00 PM
THere are restrictions on applying H1B via multiple employers. THe candidate will be rejected outright. Read the recent guidance on the USCIS website. So hopefully we will not see multiple applications for the same person this year.
rkrishna123
10-17 03:11 PM
Thanks guys for your advice and time.....
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BMS1
08-21 12:06 PM
Congrats.
Which service center did you applied to. I have similar PD (8/22/05) and EB2 NIW at TSC.
Thanks. Applied at VSC and got transferred to TSC. Actually my PD was 09/29/2005.
Which service center did you applied to. I have similar PD (8/22/05) and EB2 NIW at TSC.
Thanks. Applied at VSC and got transferred to TSC. Actually my PD was 09/29/2005.
more...
docwa
04-10 01:29 PM
HI I am a physician (hospitalist) whose labor was under the catagory 'Internist' job code. The fellowship I am considering is open only to internist. I am also planning to moonlight as an internist while in fellowship. Would it be acceptable from the I485 point of view? Incidentally my I140 was approved more the 180 days ago.
Madhuri
06-15 12:26 AM
So is it that, if you already have approved 3 yr H1 extension after 6 yrs
then it will not become invalid even if you get EAD now?
You can file I485 while H1 is pending. But if you read the H1 ext clause, you can see that you are eligible for H1 extension beyond 6 years only if your labor is pending for more than 1 year, or if you can't file for adjustment of status because of retrogression. Now, because you are eligible for I-485, you lose the eligibility to extend H1, which means, your pending H1 can be denied whether you file I485 or not. You might be lucky and get away with successful extension. But if the officer knows what he is doing, he'll not clear your extension. I have to add that I am assuming your H1 extension is BEYOND 6 years. If it is within 6 years, there is no problem. You'll get an extension.
then it will not become invalid even if you get EAD now?
You can file I485 while H1 is pending. But if you read the H1 ext clause, you can see that you are eligible for H1 extension beyond 6 years only if your labor is pending for more than 1 year, or if you can't file for adjustment of status because of retrogression. Now, because you are eligible for I-485, you lose the eligibility to extend H1, which means, your pending H1 can be denied whether you file I485 or not. You might be lucky and get away with successful extension. But if the officer knows what he is doing, he'll not clear your extension. I have to add that I am assuming your H1 extension is BEYOND 6 years. If it is within 6 years, there is no problem. You'll get an extension.
more...
Saralayar
01-13 10:44 PM
Received I140 Approved Documents using FOI Act.
I use to suffer from my rough Employer (Desi), who never used to give me any of my Immigration Documents including Approved H1 dosument. I asked him to give atleast my H1 document so that I can go for Visa Stamping. He is such a bloody rough and he wants me to stay with him as bonded labor. I used to beg my Salary every month and never use to get my payment what I need to receive.
Meanwhile, I heard about FOI (Freedom of Information Act) and applied for it in 7 months back for the Approved I140 Documents. I applied for it and forget. To my surprise I received all the I140 related Approved documents yesterday evening. I have already changed that rough Employer without Approved H1 Notice. Now, I am very happy person working for a nice and decent Employer.
Thanks to all supporters/friends who work in these forums providing Information for the benefit of other people.
How long it took for you to get a copy of your I-140?. Did you get the copies of your Labor certifcation details too?. Was your case filed in PERM?. I appreciate your reply in advance.
I use to suffer from my rough Employer (Desi), who never used to give me any of my Immigration Documents including Approved H1 dosument. I asked him to give atleast my H1 document so that I can go for Visa Stamping. He is such a bloody rough and he wants me to stay with him as bonded labor. I used to beg my Salary every month and never use to get my payment what I need to receive.
Meanwhile, I heard about FOI (Freedom of Information Act) and applied for it in 7 months back for the Approved I140 Documents. I applied for it and forget. To my surprise I received all the I140 related Approved documents yesterday evening. I have already changed that rough Employer without Approved H1 Notice. Now, I am very happy person working for a nice and decent Employer.
Thanks to all supporters/friends who work in these forums providing Information for the benefit of other people.
How long it took for you to get a copy of your I-140?. Did you get the copies of your Labor certifcation details too?. Was your case filed in PERM?. I appreciate your reply in advance.
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Humhongekamyab
11-10 03:04 PM
By volunteering she is taking away a job of a US worker so the answer is no.
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chanduv23
11-20 11:16 AM
Arizona Gov. Janet Napolitano is going to be DHS Secretary in the Obama Administration. This is a major news for us and it does has an affect on EB community as Gov. Napolitano is a strong proponent of Immigration reform and it is now believed that she has been brought to this position to spearhead the immigration reform in the Obama Administration.
http://www.cnn.com/2008/POLITICS/11/20/transition.wrap/index.html
This is a significant development and one is likely to affects us all.
.
Hmm interesting - I can smell CIR coffee brewing.
EB folks - brace for a bumpy ride
http://www.cnn.com/2008/POLITICS/11/20/transition.wrap/index.html
This is a significant development and one is likely to affects us all.
.
Hmm interesting - I can smell CIR coffee brewing.
EB folks - brace for a bumpy ride
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snathan
02-10 12:12 PM
I have a masters in Electrical engineering. And my job duties is system administration or say system analyst.
Then your job requirement decides whether its EB2 or EB3.
Then your job requirement decides whether its EB2 or EB3.
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imneedy
02-04 10:33 AM
Does it make sense to change status to h4 from f1 before my spouse goes out of country and come back on h4 instead of AP?
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neverbefore
03-01 10:15 AM
Yes please explain that better.
Some grammar/spellings gremlins conspired to mash up what I believe was an illuminating post in the making.
No offence meant or intended, I suggest a repost of the one by Mark.:)
I am trying to figure out how much latency is to be expected in allotment of a GC for a case whose PD comes current sometime in the future and the processing date at whose service center too is later than the application date for the case at the time the PD comes current.
Thanks and best regards.
Some grammar/spellings gremlins conspired to mash up what I believe was an illuminating post in the making.
No offence meant or intended, I suggest a repost of the one by Mark.:)
I am trying to figure out how much latency is to be expected in allotment of a GC for a case whose PD comes current sometime in the future and the processing date at whose service center too is later than the application date for the case at the time the PD comes current.
Thanks and best regards.
more...
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reddymjm
03-06 09:00 AM
Hey fill in ur info.
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aspiration
06-17 11:26 AM
Don't think that your call doesn't matter.. They do take the number of person called for the same issue and this is the response i got from CHC Dennis Cardoza's office...
Dennis Cardoza : Well aware of the bills, i was number 15 for friday the 13th and when i asked for total number, she said we have received 100 or so calls for these bills....
And two or three lawmakers office said that we are reviewing the bills at the moment.. so definitely a positive sign...
So grab your phone and reach out to house reps... Just try to call 2 members and i bet that you will finish the rest of the calls and you'll reply to my message so you can share your experience and encourage others.
Dennis Cardoza : Well aware of the bills, i was number 15 for friday the 13th and when i asked for total number, she said we have received 100 or so calls for these bills....
And two or three lawmakers office said that we are reviewing the bills at the moment.. so definitely a positive sign...
So grab your phone and reach out to house reps... Just try to call 2 members and i bet that you will finish the rest of the calls and you'll reply to my message so you can share your experience and encourage others.
more...
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neoklaus
11-14 03:33 PM
Does it have anything to do with how recently you travelled out of the country? or How recently you came into this country? My wife came to US only 6 months back and I am not sure if this has got to do anything with the whole biometrics thing?
It is probably just this IO who has a different intepretation of the rules.
I came to US in June,07, my husband & daughter -Aug.14,07...probably just interpretation matters
It is probably just this IO who has a different intepretation of the rules.
I came to US in June,07, my husband & daughter -Aug.14,07...probably just interpretation matters
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anilsal
01-25 09:39 AM
the campaign.
more...
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shana04
07-21 10:25 PM
I am in same boat, I took a Infopass today and met with a IO in NYC. She said she will do the needful as the dates are current by communicating with TSC and if nothing happens I have to come back in 45 days. I do not have hopes but lets see what happens
Chandu,
I have been reading your post for quite a while. some nice info through your post.
Can you please help me how to take info pass.
Thanks in advance
Shana
Chandu,
I have been reading your post for quite a while. some nice info through your post.
Can you please help me how to take info pass.
Thanks in advance
Shana
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pmat
01-31 02:18 PM
As per the law, your H1B will still be valid even in if I-140 is revoked. However, the only flip side is one will lose the old priority date.
For sure, this is exactly outlined in the law. I have known some cases who are working successfully and legally on H1Bs even after their I-140s revoked (by the way one of them is in 8th year of H1B)
Im 100% sure about what i said. For better clarification, one can contact murthy.com or rajiv.s.khanna
I don't think that the priority date is lost if the I-140 is revoked. If it is revoked because of fraud then only you may lose the priority date. If your I-140 was genuine and you have a copy of the approval, you can still use the old priority date even if the company revokes the I-140.
For sure, this is exactly outlined in the law. I have known some cases who are working successfully and legally on H1Bs even after their I-140s revoked (by the way one of them is in 8th year of H1B)
Im 100% sure about what i said. For better clarification, one can contact murthy.com or rajiv.s.khanna
I don't think that the priority date is lost if the I-140 is revoked. If it is revoked because of fraud then only you may lose the priority date. If your I-140 was genuine and you have a copy of the approval, you can still use the old priority date even if the company revokes the I-140.
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chem2
07-21 01:23 PM
i posted the following on another thread back about a month ago. hopefully it will help you. haven't recd any soft or hard luds since the fingerprinting, though.
-----------
guys, until yesterday, i was in the same boat as all of you.
i-140/485/131/765 concurrently filed with tsc in Aug 2007. recd receipt notices, ead and ap without any problems in oct and nov 2007, but no fingerprint notices. called uscis couple of times (didn't open any sr's though), got standard response- application is under review, you'll be sent notices as part of the review process, don't ask when.
asked lawyer why no biometrics and he said that a lot of their clients have not recd theirs, but they were starting to see some come through (this was back in feb 2008). i also asked lawyer if it was advisable to contact local congressman/ senator for help and he advised against it, apparently if your file is with an io and your congressman/ senator sends a query, uscis has a limited amount of time to respond and the file is typically pulled from the io (don't know if i believe this, but that was the line i was fed).
finally got fed up and contacted local congressman's office; no help there either, got canned response from tsc- we recd x million applications last july and august and are trying to work through them.
then last month, i asked my senator's office to find out what was going on. this time i got a reponse back from tsc saying that they would send out notices shortly, if they hadn't done so. lo and behold, a week after receiving the tsc response from my senator's office, both my spouse and i recd fingerprint notices, which we completed yesterday.
-----------
guys, until yesterday, i was in the same boat as all of you.
i-140/485/131/765 concurrently filed with tsc in Aug 2007. recd receipt notices, ead and ap without any problems in oct and nov 2007, but no fingerprint notices. called uscis couple of times (didn't open any sr's though), got standard response- application is under review, you'll be sent notices as part of the review process, don't ask when.
asked lawyer why no biometrics and he said that a lot of their clients have not recd theirs, but they were starting to see some come through (this was back in feb 2008). i also asked lawyer if it was advisable to contact local congressman/ senator for help and he advised against it, apparently if your file is with an io and your congressman/ senator sends a query, uscis has a limited amount of time to respond and the file is typically pulled from the io (don't know if i believe this, but that was the line i was fed).
finally got fed up and contacted local congressman's office; no help there either, got canned response from tsc- we recd x million applications last july and august and are trying to work through them.
then last month, i asked my senator's office to find out what was going on. this time i got a reponse back from tsc saying that they would send out notices shortly, if they hadn't done so. lo and behold, a week after receiving the tsc response from my senator's office, both my spouse and i recd fingerprint notices, which we completed yesterday.
shreekhand
07-25 12:11 PM
Some clarifications needed here !
1.) Data entry is not done by adjudication officers (AO)
2.) Unless an AO is trained in a particular "production line"
(I-485, I-765 etc.) they cannot move them around
3.) Bear in mind AO's have the option to and do work from home too.
4.) The adjudication rate per past service center reports is
around 2 or3 cases per hour for I-485
The assumptions here are all the 50 guys are working only on EB cases no family and other cases, they are not doing any other data entry job like putting 450/ead/ap applications into system, they are not approving any of ead/ap cases. And they are working 8 hours daily. Looking at the general work environment around i bet the productive hrs in 8 hr work day is around 5/6 hrs. So keeping in mind these factors i feel the 80000 is okay number. They certainly need more staff. My 2 cents.
1.) Data entry is not done by adjudication officers (AO)
2.) Unless an AO is trained in a particular "production line"
(I-485, I-765 etc.) they cannot move them around
3.) Bear in mind AO's have the option to and do work from home too.
4.) The adjudication rate per past service center reports is
around 2 or3 cases per hour for I-485
The assumptions here are all the 50 guys are working only on EB cases no family and other cases, they are not doing any other data entry job like putting 450/ead/ap applications into system, they are not approving any of ead/ap cases. And they are working 8 hours daily. Looking at the general work environment around i bet the productive hrs in 8 hr work day is around 5/6 hrs. So keeping in mind these factors i feel the 80000 is okay number. They certainly need more staff. My 2 cents.
nsveta
04-22 01:16 PM
Hi, This is my first post here and I need some guidance regarding new-H1 under FY2010 quota.
--One of my friend told me about this company in Chicago who is doing H-1s and apparently the quota is not over yet. I am in India and
--Is it advisable to get my H01 filed at this time?
--What if the USCIS asks client letters? They said, the company will take care of it if that happens -- is that even legal to say that?
--What is the probably the CAP will be met by that time they file my H-1 in the next 2 weeks? And am not sure if the attorney returns the money in that case.
Please suggest. Thanks
--One of my friend told me about this company in Chicago who is doing H-1s and apparently the quota is not over yet. I am in India and
--Is it advisable to get my H01 filed at this time?
--What if the USCIS asks client letters? They said, the company will take care of it if that happens -- is that even legal to say that?
--What is the probably the CAP will be met by that time they file my H-1 in the next 2 weeks? And am not sure if the attorney returns the money in that case.
Please suggest. Thanks
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