kaisersose
07-23 09:01 AM
All,
I feel that those who concurrently filed I-140/485 in July 2007 are very lucky!
Here is my situation -
Previous Employer -
EB3,PD-Jan'04,I-140 cleared. Switched in June 2007 and wasn't able to file I-485 in July 2007
New Employer -
EB2, PD-Dec'-07, I-140 (Feb'08 - pending)
Question -
Based on Jun'08 Visa bulletin the dates for EB2-India were at Apr'04. Filed for I-140/485 based on my old priority date for EB3 labor (Jan'04). Explaining USCIS for PD transfer.
Well, folks at NSC did not understand the PD transfer concept and send my application back. Unclear as to what do now. I guess need to wait until the dates for EB2-India reach Dec'07 such that I can file.
Any "Creative" thoughts on how to approach USCIS moving forward.
Thanks in advance for your replies.
Aamchimumbai
You do not have to wait till Dec 07 becomes current. I assume when you applied for your second 140, you already requested them to use the earlier EB-3 PD. So when your EB2 140 is approved, it will have the earlier PD, which means you can apply for 485 when your 04 date is current.
Now all you have to do is wait for your 140 to be approved.
I feel that those who concurrently filed I-140/485 in July 2007 are very lucky!
Here is my situation -
Previous Employer -
EB3,PD-Jan'04,I-140 cleared. Switched in June 2007 and wasn't able to file I-485 in July 2007
New Employer -
EB2, PD-Dec'-07, I-140 (Feb'08 - pending)
Question -
Based on Jun'08 Visa bulletin the dates for EB2-India were at Apr'04. Filed for I-140/485 based on my old priority date for EB3 labor (Jan'04). Explaining USCIS for PD transfer.
Well, folks at NSC did not understand the PD transfer concept and send my application back. Unclear as to what do now. I guess need to wait until the dates for EB2-India reach Dec'07 such that I can file.
Any "Creative" thoughts on how to approach USCIS moving forward.
Thanks in advance for your replies.
Aamchimumbai
You do not have to wait till Dec 07 becomes current. I assume when you applied for your second 140, you already requested them to use the earlier EB-3 PD. So when your EB2 140 is approved, it will have the earlier PD, which means you can apply for 485 when your 04 date is current.
Now all you have to do is wait for your 140 to be approved.
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zCool
04-03 01:30 PM
In that case, just do the best you can,
This type of issue used to be answered and helped by unitednations
In fact he was a miracle worker when it came to A2P. I haven't come across posting from him in a quite a while but do check archives from IV and immigrationportal. You need someone of his knowledgebase
This type of issue used to be answered and helped by unitednations
In fact he was a miracle worker when it came to A2P. I haven't come across posting from him in a quite a while but do check archives from IV and immigrationportal. You need someone of his knowledgebase
neerajkandhari
06-05 10:04 AM
You don't need to be working in the US while the AOS is pending. You just need to have the job when permanent residence is approved, or to have a job in the "same or similar occupational classification."
i highly appreciate your quick reply
I have recently left my job on 31 May 2009
I was with my Green card sponsoring company since i joined in 2004
Do i need to collect something from my ex employer since i have quit my job
I did not provide a letter of employment when i filled in july 2007 as my attorney said he did not want to rush the letter as he was busy filling during July 2007 friasco and would submit the same when USCIS asks for it before USCIS makes a decision in the case
I have W2 of 2008 and i will get my 1099 for 2009 at the end of the year
I will provide a offer letter from my new employer when USCIS needs it
i highly appreciate your quick reply
I have recently left my job on 31 May 2009
I was with my Green card sponsoring company since i joined in 2004
Do i need to collect something from my ex employer since i have quit my job
I did not provide a letter of employment when i filled in july 2007 as my attorney said he did not want to rush the letter as he was busy filling during July 2007 friasco and would submit the same when USCIS asks for it before USCIS makes a decision in the case
I have W2 of 2008 and i will get my 1099 for 2009 at the end of the year
I will provide a offer letter from my new employer when USCIS needs it
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caond
05-07 05:41 AM
I am holding J-1 student visa (academic training) from 8/2007 and will be expired on 7/31/2010, sponsor by U of Colorado. I am working as a postdoc for a project funded by NIH until 2013 at VCU. My advisor want to change my visa category from J-1 student to J-1 scholar, sponsor by VCU, to continue the project.
According to an international advisor at VCU where I am applying J-1 scholar, I cannot change from J-1 student to J-1 scholar due to 12-month bar:
[Time spent in the United States in any J status (including J-2 status) during the 12-month period preceding the prospective professor or research scholar's program begin date may affect the alien's eligibility for participation as a Professor or Research Scholar.
22 C.F.R. � 62.20(d)(2) establishes what is referred to as the "12-month bar." The general proposition of the 12-month bar is that an alien is not eligible to begin an exchange program as a Professor or Research Scholar based on a DS-2019 issued "to begin a new program" if he or she was physically present in any J status (including J-2 status) for "all or part of" the "twelve month period immediately preceding the date of program commencement set forth on his or her Form DS-2019." ]
But according to an international advisor at University of Colorado (my current sponsor for J1 student) that the 12-month bar is not applicable for me due to exception:
[(A) J-1 transfers. The 12 month bar is not applicable to those who will begin a program by transferring to a new program sponsor under the transfer procedures of 22 C.F.R. � 62.42 ;
22 C.F.R. � 62.20(d)(2)(i) ]
Who is right? What should I do? :confused:
I appreciate any help !!!
According to an international advisor at VCU where I am applying J-1 scholar, I cannot change from J-1 student to J-1 scholar due to 12-month bar:
[Time spent in the United States in any J status (including J-2 status) during the 12-month period preceding the prospective professor or research scholar's program begin date may affect the alien's eligibility for participation as a Professor or Research Scholar.
22 C.F.R. � 62.20(d)(2) establishes what is referred to as the "12-month bar." The general proposition of the 12-month bar is that an alien is not eligible to begin an exchange program as a Professor or Research Scholar based on a DS-2019 issued "to begin a new program" if he or she was physically present in any J status (including J-2 status) for "all or part of" the "twelve month period immediately preceding the date of program commencement set forth on his or her Form DS-2019." ]
But according to an international advisor at University of Colorado (my current sponsor for J1 student) that the 12-month bar is not applicable for me due to exception:
[(A) J-1 transfers. The 12 month bar is not applicable to those who will begin a program by transferring to a new program sponsor under the transfer procedures of 22 C.F.R. � 62.42 ;
22 C.F.R. � 62.20(d)(2)(i) ]
Who is right? What should I do? :confused:
I appreciate any help !!!
more...
ivjobs
11-06 05:11 PM
Some of the IV Members have great entrepreneurial spirit but could not proceed with their dreams of becoming their own boss because of the limitations in maintaining their status and starting a successful business. To address various problems being faced by the Members of IV community who dream to start their own companies, a yahoo group has been formed to help and exchange information/resources/experiences among each other.
Immigration Voice Entrepreneur group is a forum for like minded members of Immigration Voice who have basic interest in Entrepreneurship. The forum intends to help its members through exchange of knowledge and experience in their entrepreneurial endeavors. This is an open forum, please feel free to ask any questions related to start up, issues concerning Maintaining Immigration status and starting business, help in building your existing business, etc.
Please visit the below given yahoo group website to subscribe to forum.
visit Weblink : http://finance.groups.yahoo.com/group/ivstartup/
or send email to: ivstartup-subscribe@yahoogroups.com
Administrators, please if possible make this a sticky so that members can join, actively participate on this thread.
Immigration Voice Entrepreneur group is a forum for like minded members of Immigration Voice who have basic interest in Entrepreneurship. The forum intends to help its members through exchange of knowledge and experience in their entrepreneurial endeavors. This is an open forum, please feel free to ask any questions related to start up, issues concerning Maintaining Immigration status and starting business, help in building your existing business, etc.
Please visit the below given yahoo group website to subscribe to forum.
visit Weblink : http://finance.groups.yahoo.com/group/ivstartup/
or send email to: ivstartup-subscribe@yahoogroups.com
Administrators, please if possible make this a sticky so that members can join, actively participate on this thread.
gbeltrao
08-30 04:42 PM
My wife had her fingerprinting done about a year ago. Same happened for the medical exam. I had my I-140 approved and we're now on the I-485 stage. Yesterday my wife received a letter scheduling an appointment to do a biometric at our local uscis office... what is this biometrics about since the med exam and fingerprints are done? Would this be for the final interview or are there an specific letter for this? :confused:
more...
ImmiLosers
09-25 05:23 PM
I dont think EB3 is current for Nov 2004. Infact, it is unavailable for all countries of charge until Oct First. If you are Phillipines or rest of the world, you still need to wait until OCt First to file
PD is ported irrespective of the EB class
PD is ported irrespective of the EB class
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americandesi
10-15 02:52 PM
I-9 is a USCIS document so i would guess it goes to uscis
You are wrong. Please read the Footer text on page 1.
http://www.uscis.gov/files/form/i-9.pdf
It clearly says
"EMPLOYERS MUST RETAIN COMPLETED FORM I-9. PLEASE DO NOT MAIL COMPLETED FORM I-9 TO ICE OR USCIS"
You are wrong. Please read the Footer text on page 1.
http://www.uscis.gov/files/form/i-9.pdf
It clearly says
"EMPLOYERS MUST RETAIN COMPLETED FORM I-9. PLEASE DO NOT MAIL COMPLETED FORM I-9 TO ICE OR USCIS"
more...
sam_hoosier
12-11 02:50 PM
guys,
I have hired as an "Auditor" in 2002, which is also the title of my position in my LC. If I use AC21 for AUdit manager, which is considered to be in the same occupational classification, will it be a problem? My salary will probably be double of what is on the LC application.... your thoughts are appreciated..
I heard that a major change in salary with regards to AC21 can be a problem..and the the title "manager" will always excite IOs ...for RFEs...
Did you check the job code for Auditor vs. Audit Manager ? 2x salary differential could be a problem.
You should consult a lawyer.
I have hired as an "Auditor" in 2002, which is also the title of my position in my LC. If I use AC21 for AUdit manager, which is considered to be in the same occupational classification, will it be a problem? My salary will probably be double of what is on the LC application.... your thoughts are appreciated..
I heard that a major change in salary with regards to AC21 can be a problem..and the the title "manager" will always excite IOs ...for RFEs...
Did you check the job code for Auditor vs. Audit Manager ? 2x salary differential could be a problem.
You should consult a lawyer.
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mohitb272
12-10 06:54 PM
I was hired by my present company as a software engineer. I did development for 3 yrs and the company later moved me to a Business Analyst's role later. However, my labor application lists my job duties as s/w Engineer in a programmer's role.
Would I be able to use AC21? Do I need to find a s/w development job or can I join as BA as well? I am in a big predicament. Any help here is greatly appreciated.
Would I be able to use AC21? Do I need to find a s/w development job or can I join as BA as well? I am in a big predicament. Any help here is greatly appreciated.
more...
gcwait2007
02-17 01:54 PM
Please find enclosed herewith URL:
http://www.uscis.gov/files/pressrelease/AC21Intrm122705.pdf
which is relevant to your situation.
http://www.uscis.gov/files/pressrelease/AC21Intrm122705.pdf
which is relevant to your situation.
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abhijitp
02-18 01:05 PM
I didn't receive any confirmation from USCIS regarding interfiling.
I have been trying to know this too... is interfiling guaranteed to work?? Or have there been examples it just got lost in the pile of applications at USCIS?
Sorry to hear about your situation. Experts, please try to help bmeduru11!
I have been trying to know this too... is interfiling guaranteed to work?? Or have there been examples it just got lost in the pile of applications at USCIS?
Sorry to hear about your situation. Experts, please try to help bmeduru11!
more...
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goel_ar
11-18 02:21 PM
Hi All,
My wife's H1B petition was approved in June 2008 with H1B valid from Oct 01, 2008. She applied for SSN on October Ist - But till date, Nov 18, 2008, SSN office is saying they are not able to pull her information from INS.
SSN office is keep saying come back after Dec 31st(12 weeks from October Ist). On the other hand, employer wants her to start working asap; she can't start until she gets a SSN.
Any suggestions, if there is anyway to follow up or expedite the process to get SSN?
Thanks in advance,
AG
My wife's H1B petition was approved in June 2008 with H1B valid from Oct 01, 2008. She applied for SSN on October Ist - But till date, Nov 18, 2008, SSN office is saying they are not able to pull her information from INS.
SSN office is keep saying come back after Dec 31st(12 weeks from October Ist). On the other hand, employer wants her to start working asap; she can't start until she gets a SSN.
Any suggestions, if there is anyway to follow up or expedite the process to get SSN?
Thanks in advance,
AG
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Michael chertoff
08-19 10:16 AM
Admin/Moderators and other distinguish members,
Can we use this site for networking and socializing with people in similar situation and/or sharing similar vocations....
This would mainly include invitation for a public gathering and encourage others to come forward. Examples of nature of such public gathering:
1. Say people in finance sector meet and exchange thoughts
2. Religious in nature but will not be solicitation.
3. General meeting etc...
What do people in this forum think?
Thanks
Sanjeev
Add Matrimonial too..only for H1b, F1B and any body without GC...
Can we use this site for networking and socializing with people in similar situation and/or sharing similar vocations....
This would mainly include invitation for a public gathering and encourage others to come forward. Examples of nature of such public gathering:
1. Say people in finance sector meet and exchange thoughts
2. Religious in nature but will not be solicitation.
3. General meeting etc...
What do people in this forum think?
Thanks
Sanjeev
Add Matrimonial too..only for H1b, F1B and any body without GC...
more...
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chanduv23
11-14 08:36 PM
I totally agree that we must channelize all our frustration into positive energy. But, sometimes I get a feeling that I don't belong in the US anymore and why should I fight for something that is never going to happen. :(
In a recent bollywood movie (Om Shanti Om) is this popular dialog "If you want something and you make sincere efforts and have the confidence and are persistently trying with a open heart, the whole world will do what it takes to make sure you get what you want, and if you have not yet got what you want then the show is not yet over, it continues " :) :) :)
You very much belong to the US. Try to understand the politics. This is a democracy and everything goes through legislative and administrative processes.
If there is some place you can do to help yourself, it can be possible in the US only. Politicians listen to us and definitely do something.
So think positive and start participating in grass roots efforts
In a recent bollywood movie (Om Shanti Om) is this popular dialog "If you want something and you make sincere efforts and have the confidence and are persistently trying with a open heart, the whole world will do what it takes to make sure you get what you want, and if you have not yet got what you want then the show is not yet over, it continues " :) :) :)
You very much belong to the US. Try to understand the politics. This is a democracy and everything goes through legislative and administrative processes.
If there is some place you can do to help yourself, it can be possible in the US only. Politicians listen to us and definitely do something.
So think positive and start participating in grass roots efforts
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hbk
04-22 03:33 PM
Most of the above documnets were optional 2 years back, but now it become compulsory in all these, Workorder/SOW and PO is very much necessary, for an approval, Since this is a Premium Processing, there are chances of getting an RFE, asking for original contract between client and the vendor, at that time you can ask the Final Vendor or Client to send or Fax the contract directly to USCIS. And ask your attorney to mention in a covering letter in the RFE that the contract is sent by your Vendor Attorney thru mail or fax,
Last year I had the same situation, on Premuim Processing, and I got the above RFE, and got an year extension, this year I am proactive I am applying for normal processing, 6 months back. with all the above documents.toatl (10 years in US)
Good Luck to you and let us enlighten us, what happened to your case.
Prayers to everyone who are in this difficult phase of life extending the H1B.
May GOD Bless
Thanks a lot for the response.
Fortunately my extension got approved for 3 years without any RFE in 3 business days.
Here are the details...
Processing Type: Premium Processing
Receipt Number: EAC-XX-XXX-XXXXX
Processing Center : VSC
Applied for : 3 years(Based on Approved I-140)
Approved for : 3 years
Fedex date: 04/08/2010
Receipt Notice Date: 04/12/2010
RFE Date: N/A(No RFE)
RFE Responded Date: N/A
Status: Approved
Approval Date: 04/15/2010
Model :Employer(Desi Consulting)--> Vendor--> Client
Submitted all docs which I have mentioned in the beginning of this thread/topic.
Again submitted client & vendor letter without end dates. Also just submitted
contract papers between employer & vendor, had not submitted any purchase/work order.
Regards.
Last year I had the same situation, on Premuim Processing, and I got the above RFE, and got an year extension, this year I am proactive I am applying for normal processing, 6 months back. with all the above documents.toatl (10 years in US)
Good Luck to you and let us enlighten us, what happened to your case.
Prayers to everyone who are in this difficult phase of life extending the H1B.
May GOD Bless
Thanks a lot for the response.
Fortunately my extension got approved for 3 years without any RFE in 3 business days.
Here are the details...
Processing Type: Premium Processing
Receipt Number: EAC-XX-XXX-XXXXX
Processing Center : VSC
Applied for : 3 years(Based on Approved I-140)
Approved for : 3 years
Fedex date: 04/08/2010
Receipt Notice Date: 04/12/2010
RFE Date: N/A(No RFE)
RFE Responded Date: N/A
Status: Approved
Approval Date: 04/15/2010
Model :Employer(Desi Consulting)--> Vendor--> Client
Submitted all docs which I have mentioned in the beginning of this thread/topic.
Again submitted client & vendor letter without end dates. Also just submitted
contract papers between employer & vendor, had not submitted any purchase/work order.
Regards.
more...
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msr1234
04-16 12:52 PM
one of my colleague has received mail notification to the lawyer that application was picked in selection. H1b applied in masters premium.
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ragz4u
01-30 09:55 AM
Shouldn't the name for the site be LEGAL Immigration Voice , so that we can seprate ourself from the Illegals inclucing I-245
I do not believe there would be any confusion regarding that given that our agendas are very clearly defined and articulated.
At the same time, your suggestions are appreciated and please feel free to let us know about anything else that catches your eye
I do not believe there would be any confusion regarding that given that our agendas are very clearly defined and articulated.
At the same time, your suggestions are appreciated and please feel free to let us know about anything else that catches your eye
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MA001
10-30 01:31 PM
See this link, give your comments ( I suggest to be brief & to the point).
http://blogs.usatoday.com/oped/2006/10/immigration_is_.html
http://blogs.usatoday.com/oped/2006/10/immigration_is_.html
desi3933
07-31 04:11 PM
....
....
Do I qualify for EB2?? Plz let me know.
RFE details:
1) Degree evaluation(what's the procedure?)
&
2) They want most recent W2 for 2007.
In 2007(W2) I got paid $59K(gross) & in LCA(H1B) prevailing wage mentioned is $55k.
......
......
Thanks.
1. Submit degree evaluation again, if not submitted with I-140 application. BS+MCA qualifies for eb2, but it also depends on the wording in labor job requirement.
2. The job offer letter should mention 65k salary. Current salary 55k is ok, but it puts a very good question - if employer wants to pay you 65k after GC why are they paying 55k now? Before you say it, I know that GC is for a future job but getting less salary before gc approval makes employer less credible.
The question is - why 55k now and 65k when I-485 is approved? Are these 2 jobs different? If so, how and justify. The answer is not that simple.
Good Luck.
________________________
Not a legal advice.
US Permanent Resident since 2002
....
Do I qualify for EB2?? Plz let me know.
RFE details:
1) Degree evaluation(what's the procedure?)
&
2) They want most recent W2 for 2007.
In 2007(W2) I got paid $59K(gross) & in LCA(H1B) prevailing wage mentioned is $55k.
......
......
Thanks.
1. Submit degree evaluation again, if not submitted with I-140 application. BS+MCA qualifies for eb2, but it also depends on the wording in labor job requirement.
2. The job offer letter should mention 65k salary. Current salary 55k is ok, but it puts a very good question - if employer wants to pay you 65k after GC why are they paying 55k now? Before you say it, I know that GC is for a future job but getting less salary before gc approval makes employer less credible.
The question is - why 55k now and 65k when I-485 is approved? Are these 2 jobs different? If so, how and justify. The answer is not that simple.
Good Luck.
________________________
Not a legal advice.
US Permanent Resident since 2002
$eeGrEeN
03-31 01:30 PM
Here are some possible, quick steps that you can take. Get your own report, this might be useful , http://www.intelius.com/background-verification.html .
Call the county Police Department back from Idaho where they say you have a criminal record from , ask for a Finger Print check on your name or by your Idaho License , if you still have it. [ the reason for this is , if you ever have been charged of any crime, they first finger print you to check your records].
If you do not have any records ,the Police Station will be glad to fax over a letter stating the same. That should seal the deal of you being innocent.
Good Luck .... and don't worry much , these false flags do happen and yes they are a pain in the neck ....
Hello frnds,
Just today, started new contract job at Clients place with big consulting firm on EAD. On my first day in the evening I got a call from consulting firm saying my back ground check have criminal record from state of Idaho. Till now I never ever was involved in any kind of criminal act. They asked me to stop going to work till it is resolved. consulting firm says all the states and federal agencies cleared me where I last lived, except state of idaho where i worked for 5 months.
Frnds please help! how should I resolve this issue. I have signed a 6 month rental lease, Left my H1B employer depending on this job. More over to all this we are expecting our first child and my wife doesnt have insurence. I was so happy I got this break but now this false check.
Please let me know if any one was in this situation and got out of it successfully.
Thanks,
Hydubadi.:confused:
Call the county Police Department back from Idaho where they say you have a criminal record from , ask for a Finger Print check on your name or by your Idaho License , if you still have it. [ the reason for this is , if you ever have been charged of any crime, they first finger print you to check your records].
If you do not have any records ,the Police Station will be glad to fax over a letter stating the same. That should seal the deal of you being innocent.
Good Luck .... and don't worry much , these false flags do happen and yes they are a pain in the neck ....
Hello frnds,
Just today, started new contract job at Clients place with big consulting firm on EAD. On my first day in the evening I got a call from consulting firm saying my back ground check have criminal record from state of Idaho. Till now I never ever was involved in any kind of criminal act. They asked me to stop going to work till it is resolved. consulting firm says all the states and federal agencies cleared me where I last lived, except state of idaho where i worked for 5 months.
Frnds please help! how should I resolve this issue. I have signed a 6 month rental lease, Left my H1B employer depending on this job. More over to all this we are expecting our first child and my wife doesnt have insurence. I was so happy I got this break but now this false check.
Please let me know if any one was in this situation and got out of it successfully.
Thanks,
Hydubadi.:confused:
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