waitnwatch
06-04 03:15 PM
As an F1 student you can surely apply for EB2-NIW. Being from India you will not be able to file an I-485 concurrently as EB2 priority dates are not current. On the other hand you may file for EB1-A and I-485 concurrently. Getting approval under any of these categories is not trivial though as there are a lot of things to prove to the USCIS's satisfaction.
One thing to note is that you may have trouble renewing an F1 visa from a consulate in India if you have a permanent residence petition pending. This is because an F1 visa is a non-immigrant visa with an intent to return to home country on completion of study. Filing for permanent residence will show that you are a potential immigrant and so donot fulfil the terms and condition for an F1 visa and will be a reason for denial.
Hope this help .........I'm not a lawyer though.
One thing to note is that you may have trouble renewing an F1 visa from a consulate in India if you have a permanent residence petition pending. This is because an F1 visa is a non-immigrant visa with an intent to return to home country on completion of study. Filing for permanent residence will show that you are a potential immigrant and so donot fulfil the terms and condition for an F1 visa and will be a reason for denial.
Hope this help .........I'm not a lawyer though.
deecha
07-16 05:14 PM
Hey,
My I-140 was filed in June 2006. It was based on the LC Substitution from the same company..but filed with the copy of the LC. It has been still pending for more than a year with TSC. Last inquired with USCIS in Jan 07, USCIS came back to us and said it requires an additional review. But the LUD remain the same as June 2006.
My lawyer said she will another inquiry with USCIS in August 2007 as 6 months waiting period will be over from last inquiry....
In my case, I never received the original PERM LC. Perhaps it got lost in the mail or they forgot totally about the issue that's why he had to file with a copy.
My I-140 was filed in June 2006. It was based on the LC Substitution from the same company..but filed with the copy of the LC. It has been still pending for more than a year with TSC. Last inquired with USCIS in Jan 07, USCIS came back to us and said it requires an additional review. But the LUD remain the same as June 2006.
My lawyer said she will another inquiry with USCIS in August 2007 as 6 months waiting period will be over from last inquiry....
In my case, I never received the original PERM LC. Perhaps it got lost in the mail or they forgot totally about the issue that's why he had to file with a copy.
vali
11-15 11:01 AM
Vali:
USCIS assigns Unique A# for each individual, who files I485 , some people recieves A# even in I140 too.
When your adjustment of status application(I485) approves then you will be registered as Permanent Resident.
thank you very much, I understand now exactly what that means.
thank you all for your time and patience.
Good luck to all of you,
Vali.
USCIS assigns Unique A# for each individual, who files I485 , some people recieves A# even in I140 too.
When your adjustment of status application(I485) approves then you will be registered as Permanent Resident.
thank you very much, I understand now exactly what that means.
thank you all for your time and patience.
Good luck to all of you,
Vali.
cool_guy_onnet1
03-12 02:36 PM
One says, I can only remove my Future employer "X", who has filed for my GC, and carry my Priority Date , AFTER I get new PERM and new I140 from the new company.
Other one says, don't worry just move to new Employer and I don't need to refile PERM and I140.
Both lawyers are mentioned over 10 times on this web-site and both are VERY reputed.
I have NEVER worked for employer X, It was a future position and I may still join them.
I have approved 140 and 485 is pending for about 9 months.
EAD is approved and so is AP.
Please help guys!
Other one says, don't worry just move to new Employer and I don't need to refile PERM and I140.
Both lawyers are mentioned over 10 times on this web-site and both are VERY reputed.
I have NEVER worked for employer X, It was a future position and I may still join them.
I have approved 140 and 485 is pending for about 9 months.
EAD is approved and so is AP.
Please help guys!
more...
HRPRO
02-09 01:31 PM
You will have to file an amended petition to be in compliance.
The PW could be different and you can check that on the OES website at flcdatacenter.com
Hope this helps.
The PW could be different and you can check that on the OES website at flcdatacenter.com
Hope this helps.
Anders �stberg
April 10th, 2004, 10:34 AM
We at "Bird-on-a-Stick" appologize for this and have taken the appropriate quality control measures to insure this does not happen again.
The price of your meal will be fully refunded.
Thanks for your patronage...
(poor bird :( )
On another note...I can't help but notice how much more attractive the seaguls are in Sweden then here in California
:D
Hows the traffic? :D
Maddening! :p
The price of your meal will be fully refunded.
Thanks for your patronage...
(poor bird :( )
On another note...I can't help but notice how much more attractive the seaguls are in Sweden then here in California
:D
Hows the traffic? :D
Maddening! :p
more...
cubedflash
08-27 06:45 PM
Kirupa ,
Good to hear from you.:) Glad to hear you are looking forward to the release. We are working really hard over here to bring you the best product. The file size and rendering speed are drastically improved in version 2. We spent a majority of our time updating the RAVIX rendering engine. I am confident you will enjoy the new program. I am happy to be apart of any Flash forum. We are dedicated to staying in constant touch with our customers. The boards are a great way to build loyal relationships and focus on what the customer wants. Make sure to drop me a line when you get version 2.
-cubedflash
Good to hear from you.:) Glad to hear you are looking forward to the release. We are working really hard over here to bring you the best product. The file size and rendering speed are drastically improved in version 2. We spent a majority of our time updating the RAVIX rendering engine. I am confident you will enjoy the new program. I am happy to be apart of any Flash forum. We are dedicated to staying in constant touch with our customers. The boards are a great way to build loyal relationships and focus on what the customer wants. Make sure to drop me a line when you get version 2.
-cubedflash
rb_248
09-10 09:06 AM
Category India Most Other Countries
E1 Current Current
E2 1 April 2003 Current
E3 1 July 2001 1 January 2005
E1 Current Current
E2 1 April 2003 Current
E3 1 July 2001 1 January 2005
more...
ss1026
09-25 09:17 AM
Thank you "boreal" for the answer.
Another question.
If I wait until my new I140 got approved through new employer and then switch. Now a days because of PERM process and premium processing for I140, it may be approved within two months.
Then even if the old employer withdraws 140, does it effect the priority date of already approved 140?
Do any one has answer for this? Please respond
GC4ALL
I am not sure of your exact question as it is a bit ambiguous but here is what I read/understand
You can port an earlier priority date of an old I-140 even if the job description changes or your category has changed (EB-2 or EB-3). But this is only possible when you are applying for your I-485 (your old PD is current) by attaching a copy of your earlier approved I-140.
Also the underlying labor application/I-140 should be valid and not be substituted/revoked or cancelled. Again, check with an attorney but this is my understanding
Another question.
If I wait until my new I140 got approved through new employer and then switch. Now a days because of PERM process and premium processing for I140, it may be approved within two months.
Then even if the old employer withdraws 140, does it effect the priority date of already approved 140?
Do any one has answer for this? Please respond
GC4ALL
I am not sure of your exact question as it is a bit ambiguous but here is what I read/understand
You can port an earlier priority date of an old I-140 even if the job description changes or your category has changed (EB-2 or EB-3). But this is only possible when you are applying for your I-485 (your old PD is current) by attaching a copy of your earlier approved I-140.
Also the underlying labor application/I-140 should be valid and not be substituted/revoked or cancelled. Again, check with an attorney but this is my understanding
Libra
08-28 10:11 AM
guys, please contribute to DC rally in whatever way you can.
more...
paskal
12-14 12:45 AM
for those that have not visited the MN thread under the separate forum for chapters, here is the link:
http://immigrationvoice.org/forum/showthread.php?p=37195#post37195
http://immigrationvoice.org/forum/showthread.php?p=37195#post37195
akmypoints
11-04 01:26 PM
Hi Experts,
Need inputs on following scenarios.
I have approved I-140 with Company A. I am on H1 currently, 7th year. My extension is due on April 2011.
Scenario 1: If H1 extension gets denied, can I move to H4 (my wife is on h1) and then search for a job and convert from H4 to H1 using approved I-140 from company A?
Scenario 2: If I move to Company B, and do not start GC there, after 3 years, can I get 3 years extension based on approved I-140 from company A?
Scenario 3: If I move to Company B, after some time, can I move to company C using I-140 from company A?
Given the uncertainty of h1 approvals these days, please suggest favorable scenarios in the cases above.
Thanks
Need inputs on following scenarios.
I have approved I-140 with Company A. I am on H1 currently, 7th year. My extension is due on April 2011.
Scenario 1: If H1 extension gets denied, can I move to H4 (my wife is on h1) and then search for a job and convert from H4 to H1 using approved I-140 from company A?
Scenario 2: If I move to Company B, and do not start GC there, after 3 years, can I get 3 years extension based on approved I-140 from company A?
Scenario 3: If I move to Company B, after some time, can I move to company C using I-140 from company A?
Given the uncertainty of h1 approvals these days, please suggest favorable scenarios in the cases above.
Thanks
more...
GCPagla
02-20 01:03 PM
To bring more details to my question:
a) Though my job title is like programmer analyst, my SOC job code is given as 17-2071.00 which is "Electrical Engineer"
I was never an electrical engineer (not even by my education). I do not know why the original filer used such a SOC code. Now my new role (lead technical architect) will have a SOC code as 15-1031 as that is for computer architect.
Morever my new employer will not provide me a Ac21 portability matching my labor cert.
My role responsibility is following as per labor cert.
Job Title: Programmer/ Analyst/Systems, Software/Engineer/Developer, or Related to IT
Reponsibility:
develop, create and modify general computer application software. Analysis user needs and design, develop software solutions. Design, develop, analyse and implement software and end user product. Coordinate various account projects with IT consultants; nurture close relationship with the major account customers by providing quality technical support and apply principles of computer science, engineering and mathematical analysis.
Do you feel that changing the job as lead architect willl be a paradigm shift for me causing my GC gone denied?
Thankis in advance.
a) Though my job title is like programmer analyst, my SOC job code is given as 17-2071.00 which is "Electrical Engineer"
I was never an electrical engineer (not even by my education). I do not know why the original filer used such a SOC code. Now my new role (lead technical architect) will have a SOC code as 15-1031 as that is for computer architect.
Morever my new employer will not provide me a Ac21 portability matching my labor cert.
My role responsibility is following as per labor cert.
Job Title: Programmer/ Analyst/Systems, Software/Engineer/Developer, or Related to IT
Reponsibility:
develop, create and modify general computer application software. Analysis user needs and design, develop software solutions. Design, develop, analyse and implement software and end user product. Coordinate various account projects with IT consultants; nurture close relationship with the major account customers by providing quality technical support and apply principles of computer science, engineering and mathematical analysis.
Do you feel that changing the job as lead architect willl be a paradigm shift for me causing my GC gone denied?
Thankis in advance.
larmani
08-14 12:30 AM
Whatever my Lawyer has done , has not worked so far, I guess he sent copies of both I140's and a letter requesting to use the EB3 PD with the EB2 case.
My lawyer also done the same thing. However, TSC sent a reply back saying contact National Service Center.
My lawyer also done the same thing. However, TSC sent a reply back saying contact National Service Center.
more...
sweet_jungle
12-12 12:51 AM
went for infopass for correcting wife's DOB. Officer said it cannot be corrected here. After some protest, he took photocopies of birth certificate and passport and then sent e-mail to service center. Also, enquired about her EAD which is now pending for 110 days. Officer was not able to say why it is pending. just have to wait.
My wife went for her biometrics today and what a surprise, her date of birth on the system was wrong.
She only had DL on her and no passport. So, the ASC staff took her biometrics but refused to correct her DOB, claiming that passport was needed.
So, we called up USCIS and upon description of the problem,were immediately transferred to level 2. Level 2 looked at the cases and confirmed that DOB was wrong on I-485. It was correct in I-765 and I-131. She said that the only way to correct it was to take infopass and present passport and DL.
It is now more or less clear that DOB mismatch has caused her EAD to be stalled for so long.I have already got my EAD.
Moral of the story : take passport for FP, infopass, etc. all the time.
Our EADs and APs were filed separately with I-485 courier receipt. What a mess !!
lets see what happens at infopass.
My wife went for her biometrics today and what a surprise, her date of birth on the system was wrong.
She only had DL on her and no passport. So, the ASC staff took her biometrics but refused to correct her DOB, claiming that passport was needed.
So, we called up USCIS and upon description of the problem,were immediately transferred to level 2. Level 2 looked at the cases and confirmed that DOB was wrong on I-485. It was correct in I-765 and I-131. She said that the only way to correct it was to take infopass and present passport and DL.
It is now more or less clear that DOB mismatch has caused her EAD to be stalled for so long.I have already got my EAD.
Moral of the story : take passport for FP, infopass, etc. all the time.
Our EADs and APs were filed separately with I-485 courier receipt. What a mess !!
lets see what happens at infopass.
snathan
07-10 12:47 PM
Hi,
I got the standard RFE
1) End date in client letter
2) EE relationship
3) show project validity till h extension requested( 3 years)
RFE response to be received on or before July 10 2010
With all problems from vendor and client i was able to get letters but my lawyer sent the packet on July 9 and when I was tracking the status it says that UPS due to some unforeseen reason will now deliver this packet on 7/12 ..2 days after deadline, the packet has sent date 7/9 and was marked next day AIR
My question is
) Am I screwed in this case and my H1 is gone. current H1 period expires 07/15
2) Or will USCIS will accept the respnse since it was posted before on 7/9
I am so mad at my lawyer but looks like H1 is gone and I have to pack my belongings ...
any advice please
It might be possible. Otherwise you can go for appeal if the approval goes south.
I got the standard RFE
1) End date in client letter
2) EE relationship
3) show project validity till h extension requested( 3 years)
RFE response to be received on or before July 10 2010
With all problems from vendor and client i was able to get letters but my lawyer sent the packet on July 9 and when I was tracking the status it says that UPS due to some unforeseen reason will now deliver this packet on 7/12 ..2 days after deadline, the packet has sent date 7/9 and was marked next day AIR
My question is
) Am I screwed in this case and my H1 is gone. current H1 period expires 07/15
2) Or will USCIS will accept the respnse since it was posted before on 7/9
I am so mad at my lawyer but looks like H1 is gone and I have to pack my belongings ...
any advice please
It might be possible. Otherwise you can go for appeal if the approval goes south.
more...
whitecollarslave
02-26 01:50 PM
Guys, Sorry for my ignorance but
I was checking vfs-usa.co.in website and in "Immigrant Visas for East & West " section, its written
An immigrant visa allows the person receiving it to live and work indefinitely in the United States. Immigrant visas are issued based on approved I-129F, I-130, I-140, I-360, or I-600 petitions that establish a family- or employment-based relationship between the petitioner and the beneficiary.
I have my I140 approved through a american company and my h1b is getting expired in june 09.
According to above wordings, I can get a visa to live and work indefinitely,based on my approved I140. I have never heard about it.
Might be some one can explain what is exactly means.
Thanks in advance!!!!
https://www.vfs-usa.co.in/ApplnForms/CalendarDatesFrame.aspx?param=+Vv1l5af10Fj9LRisYRG lOas6VuVWZj874VfIUoa8/i/nDTCOq948rhTtLbfrAqki7SQQWSNLLD/GVTVwV9esxn7sbFyXKFBIf+0MhxDK3lO9SX9/icHZuOj59V0yrWmbfsA8p25o30TIxXH2iKk9vG7LmdlwDBGv8D MV/ZPB+VjmunVn3/J5jOdBHdnIQXmWzpfrp/QRvDdsax0+vpHY8y9UxMiJXWBkQgbatE9DwFZgut4/12t7UswvdMDdKj9uk1Aj8HjxeTpMC8IoZ2LHA==
Ok, so the above says that you can get a "immigrant visa" based on approved 140 (for your case). In order to get that "immigrant visa" that will allow you to work "indefinitely", you need to actually apply for the the "visa". Based on your 140, you can apply for this "immigrant visa" in two ways. If you are outside of the country, do what is called "consular processing" where you apply for a immigrant visa at a US consulate in a different country. If you are already (legally) in the US, you apply for what is called adjustment of status. The problem is that these "immigrant visas" based on 140 are in short supply compared to demand. Join the queue.
... so whats your confusion?
I was checking vfs-usa.co.in website and in "Immigrant Visas for East & West " section, its written
An immigrant visa allows the person receiving it to live and work indefinitely in the United States. Immigrant visas are issued based on approved I-129F, I-130, I-140, I-360, or I-600 petitions that establish a family- or employment-based relationship between the petitioner and the beneficiary.
I have my I140 approved through a american company and my h1b is getting expired in june 09.
According to above wordings, I can get a visa to live and work indefinitely,based on my approved I140. I have never heard about it.
Might be some one can explain what is exactly means.
Thanks in advance!!!!
https://www.vfs-usa.co.in/ApplnForms/CalendarDatesFrame.aspx?param=+Vv1l5af10Fj9LRisYRG lOas6VuVWZj874VfIUoa8/i/nDTCOq948rhTtLbfrAqki7SQQWSNLLD/GVTVwV9esxn7sbFyXKFBIf+0MhxDK3lO9SX9/icHZuOj59V0yrWmbfsA8p25o30TIxXH2iKk9vG7LmdlwDBGv8D MV/ZPB+VjmunVn3/J5jOdBHdnIQXmWzpfrp/QRvDdsax0+vpHY8y9UxMiJXWBkQgbatE9DwFZgut4/12t7UswvdMDdKj9uk1Aj8HjxeTpMC8IoZ2LHA==
Ok, so the above says that you can get a "immigrant visa" based on approved 140 (for your case). In order to get that "immigrant visa" that will allow you to work "indefinitely", you need to actually apply for the the "visa". Based on your 140, you can apply for this "immigrant visa" in two ways. If you are outside of the country, do what is called "consular processing" where you apply for a immigrant visa at a US consulate in a different country. If you are already (legally) in the US, you apply for what is called adjustment of status. The problem is that these "immigrant visas" based on 140 are in short supply compared to demand. Join the queue.
... so whats your confusion?
Gravitation
01-02 01:00 PM
On H1 you can setup business, invest in , take profits ,but you should not be on payroll ( in otherwords you cannot be an employee of your own company based on H1 status ).
What you say is mostly correct. Something needs to be added: You can found a company and it can sponosor you for your H1B (even if it's for a part time job)... and you can work for it... but... it should be a genuine company and it's aim shouldn't be solely to sponsoer you for H1B. Very very severe scrutiny of all docs and all stages expected... making it practically a very very long shot.
What you say is mostly correct. Something needs to be added: You can found a company and it can sponosor you for your H1B (even if it's for a part time job)... and you can work for it... but... it should be a genuine company and it's aim shouldn't be solely to sponsoer you for H1B. Very very severe scrutiny of all docs and all stages expected... making it practically a very very long shot.
vina92
12-11 08:44 PM
I am in MN and would like to join in.
BumbleBee
07-18 02:10 PM
Hi SertTurk,
Its not clear from your post as to which state your/spouse's application is in. There are three phases
#1 Labor certification ( state and Federal )
#2 I-140
#3 I485 ( adjustment of status )
In order to get GC card, you need to complete all 3 phase. The VISA number applies to third/last state ( I485) only. If employee quits job during any of 3 phase, there is a very good chance he/she may not get GC through this employer. The process itself doesn't get terminated, as GC is for future job, but there is every chance the employer would either use the approved labor for another employee or not answer any rfe/query. If phase I and phase II is complete and you have filed for phase 3 and 6 months have passed, you have option to invoke AC21 and join another employer on same/similar position.
Please talk to an attorney before making any decision.
BumbleBee
Its not clear from your post as to which state your/spouse's application is in. There are three phases
#1 Labor certification ( state and Federal )
#2 I-140
#3 I485 ( adjustment of status )
In order to get GC card, you need to complete all 3 phase. The VISA number applies to third/last state ( I485) only. If employee quits job during any of 3 phase, there is a very good chance he/she may not get GC through this employer. The process itself doesn't get terminated, as GC is for future job, but there is every chance the employer would either use the approved labor for another employee or not answer any rfe/query. If phase I and phase II is complete and you have filed for phase 3 and 6 months have passed, you have option to invoke AC21 and join another employer on same/similar position.
Please talk to an attorney before making any decision.
BumbleBee
frost_oni
04-10 04:27 PM
yeah, they look better :thumb: i like your new stamps, but somehow, the blue background...oh well, anyway, they are very good!
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