baburob2
04-29 01:05 PM
Regd conversion to PERM ie refile in PERM and retain the PD your title, minimum job requirements, employer's name, employer's address etc should remain the same except the prevailing wage.
Some of the factors to consider before refiling:
1)Length of time the traditional or RIR Labor certification application has been pending: If you feel that traditional or RIR will be certified soon don't refile in PERM else do it.
2)Alien requiring a seventh-year extension:
It is uncertain at this time whethre USCIS will permit the alien to withdraw the labor certification and retain the PD date for the purpose of replying on the provision under AC21 to obtain a seventh-year extension. Until USCIS pronounces a clear policy in this area, one should proceed with extreme caution before refiling under the PERM regulatoins.
3)Economic factor like Layoffs in the industry, Recent layoffs by employer, increased costs for the employer
If the above economic factors seem to cause any issues dont refile.
This is from a OLD PERM manual i believe so please check with your attorney on recent ones and proceed ahead. However i do see a lot of people doing it successfully.
Some of the factors to consider before refiling:
1)Length of time the traditional or RIR Labor certification application has been pending: If you feel that traditional or RIR will be certified soon don't refile in PERM else do it.
2)Alien requiring a seventh-year extension:
It is uncertain at this time whethre USCIS will permit the alien to withdraw the labor certification and retain the PD date for the purpose of replying on the provision under AC21 to obtain a seventh-year extension. Until USCIS pronounces a clear policy in this area, one should proceed with extreme caution before refiling under the PERM regulatoins.
3)Economic factor like Layoffs in the industry, Recent layoffs by employer, increased costs for the employer
If the above economic factors seem to cause any issues dont refile.
This is from a OLD PERM manual i believe so please check with your attorney on recent ones and proceed ahead. However i do see a lot of people doing it successfully.
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nixstor
01-05 12:26 PM
http://www.greatandhra.com/special/articles/green_wait.php
Greatandhra is pretty much a gossip site.
I have written to bunch of movie websites in the past. It didnt work out. Some how they posted it now.
Greatandhra is pretty much a gossip site.
I have written to bunch of movie websites in the past. It didnt work out. Some how they posted it now.
gcwait2007
03-27 12:50 AM
What is your LC Priority date? Many of my friends had used LC Sub with PD earlier to Dec 2004 and all their applications were approved in TSC. The yardstick for transfer of LC sub cases from TSC to NSC is mystery and we have to find a way to solve it.
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martinvisalaw
07-27 01:20 PM
If your future wife is not in the US now, she will apply directly at the consulate for her L-2 visa. There is no need for you or her to get prior approval from CIS, like you do for the L-1. Your question is unclear, so I don't know if this answers it.
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Ann Ruben
07-17 05:16 PM
You can use the approved I-140 from company A to get a 3 year H-1 for company B assuming your priority date is not current. However, because you have not been working for company A, you are technically not in valid non-immigrant H status and though Company B's H-1 petition should be approved for three years, the extension may not be granted. This means that at some point you would have to leave, get a new H visa and then return.
nitrips
04-26 04:41 PM
I was in a similar situation, I took my wife's GC with me when I went to India and she travelled back on GC instead of AP, no issues at the Immigration's.
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sprash
06-01 06:41 PM
I'm curious if anyone has got multiple RFEs on their I-485 application. I had an EVL RFE last year and wonder about the chances they'll give that (or any other) RFEs again in future.
Any personal experiences?
By multiple RFE I don't mean many questions in 1 RFE letter. I mean USCIS sends you 1 RFE, receives reply and resumes the case and then at a later point in time sends another RFE on the same application.
Any personal experiences?
By multiple RFE I don't mean many questions in 1 RFE letter. I mean USCIS sends you 1 RFE, receives reply and resumes the case and then at a later point in time sends another RFE on the same application.
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rdx0
01-11 04:12 AM
I probabably know the answer of this question but would still like to confirm, just to be sure:
- First I-797B Valid from Jan 2004 to Sep 2006 <- Note: wasn't for 3 years
- First Visa valid from Jul 2004 to Sep 2006
- 1st US Entry Date from Aug 2005 till present date
(been to india in Dec 2007 for 1 month for visa stamping)
- First i-94 valid from Aug 2005 to Sep 2006
-Extended I-797A from Sep 2006 to Jan 2009 <-Note: not extended for 3 yrs
-2nd Visa/I-94 valid from Dec 2007 to Jan 2009
My questions?
1. Can my H1B Visa be extended again? This will be my 2nd extension.
2. Till what Date can be extended?
a. Jan 2010 (6 yrs from 1st I-797)
b. Jul 2010 ( 6 yrs from 1st visa stamping)
c. Aug 2011 (6 yrs from 1st US entry)
Thanks a lot !
- First I-797B Valid from Jan 2004 to Sep 2006 <- Note: wasn't for 3 years
- First Visa valid from Jul 2004 to Sep 2006
- 1st US Entry Date from Aug 2005 till present date
(been to india in Dec 2007 for 1 month for visa stamping)
- First i-94 valid from Aug 2005 to Sep 2006
-Extended I-797A from Sep 2006 to Jan 2009 <-Note: not extended for 3 yrs
-2nd Visa/I-94 valid from Dec 2007 to Jan 2009
My questions?
1. Can my H1B Visa be extended again? This will be my 2nd extension.
2. Till what Date can be extended?
a. Jan 2010 (6 yrs from 1st I-797)
b. Jul 2010 ( 6 yrs from 1st visa stamping)
c. Aug 2011 (6 yrs from 1st US entry)
Thanks a lot !
more...
dan19
09-07 11:44 PM
thx 4 ur replies
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extra_mint
04-18 11:20 AM
Keep monitoring the visa bulletin and when your date (Dec-2006) becomes current you can apply for your wife's 1485 (means u can add her to your application).
If last year's trend continues then you might see your dates becoming Current during the last quater (July-Sept)...last year dates reached Aug.2006 for Eb2 India before retrogressing.
Hey Gurus,
I am in confusion here.
I applied for my I-485(EB2, PD= Dec,2006) in july 2007. I was married that time and my wife was in India. She didnt get delhi consulate appointment so i missed her while i applied for my I - 485. Now she is in US on H4 visa. I got RFE last month on my I 485 regarding employment verification. I have replied for RFE.
My Question here is:-
If I get my green card(that chances are very less because my PD are not current... but on safe side), How i can add her into GC or 485 stage.
If last year's trend continues then you might see your dates becoming Current during the last quater (July-Sept)...last year dates reached Aug.2006 for Eb2 India before retrogressing.
Hey Gurus,
I am in confusion here.
I applied for my I-485(EB2, PD= Dec,2006) in july 2007. I was married that time and my wife was in India. She didnt get delhi consulate appointment so i missed her while i applied for my I - 485. Now she is in US on H4 visa. I got RFE last month on my I 485 regarding employment verification. I have replied for RFE.
My Question here is:-
If I get my green card(that chances are very less because my PD are not current... but on safe side), How i can add her into GC or 485 stage.
more...
glus
03-27 07:47 AM
Hi,
I have a pretty simple question.
A person decides to change employers, moving from company A to company B. It's been 180 days after 485 filing.
Question: what does company B have to do to legally take this person on as full time employee? Is the process any different than taking any other american resident employee? The way I understand is it is not any different.
Please advise,
Thanks,
Vlad
Nothing. The employee must have EAD. That's all. Also, the employee should, but does not have to, ask for a letter with duties to be sent to USCIS to keep USCIS informed of the change.
I have a pretty simple question.
A person decides to change employers, moving from company A to company B. It's been 180 days after 485 filing.
Question: what does company B have to do to legally take this person on as full time employee? Is the process any different than taking any other american resident employee? The way I understand is it is not any different.
Please advise,
Thanks,
Vlad
Nothing. The employee must have EAD. That's all. Also, the employee should, but does not have to, ask for a letter with duties to be sent to USCIS to keep USCIS informed of the change.
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godspeed
02-12 01:52 PM
Looking at your profile, i am surprised u still havent received the plastic card.
If your card gets approved while you are out of the country i.e. US, and you dont have AP i had read earlier that it is considered as an abandonment. The sole purpose of AP is to provide you to get in and out of US while on AOS period.
Did u check with your company Attorney?
Hi,
Dont know if this question has been asked before, but I recently got an extension and change of employer done using AC21 to a different company. I dont have an AP and dont have the time to get one. I am travelling to India next week and am scheduling an appoitment to get an H1B stamp. Will this be an issue? Is this considered abandonment of status?
Please let me know if someone else has been in this situation.
Thanks!
If your card gets approved while you are out of the country i.e. US, and you dont have AP i had read earlier that it is considered as an abandonment. The sole purpose of AP is to provide you to get in and out of US while on AOS period.
Did u check with your company Attorney?
Hi,
Dont know if this question has been asked before, but I recently got an extension and change of employer done using AC21 to a different company. I dont have an AP and dont have the time to get one. I am travelling to India next week and am scheduling an appoitment to get an H1B stamp. Will this be an issue? Is this considered abandonment of status?
Please let me know if someone else has been in this situation.
Thanks!
more...
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sympa21
05-16 05:49 PM
Hi I'm a Moroccan citizen I was placed in removal proceedings (NY Buffalo) and took voluntary departure. once my wife's divorce was finalized we got married while on voluntary departure. we filed motion to reopen the case and it was reopened and transferred to Los Angeles, CA then the judge closed my case based on marriage with an I130 receipt without prejudice. The I130 was filed on june 2009 and was transferred to Los Angeles on November 12, 2009. I made an appointment with Info Pass but they just said you have to wait untill we call you. My lawyer said I can't file for the I485 untill the I130 is approved. My question is: How long will it take before we will be called for an interview?
An estimation will be much appreciated thank you very much.
An estimation will be much appreciated thank you very much.
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goldkey266
03-28 09:49 PM
Friends,
I just got my PERM approved and I am debating about next steps of my eb-3.
it looks now that with the current retrogression the process will take 5 years. the company I am working for is not very stable and probably will be sold in the next 24 months.
I can look for another company that will sponsor me, but even if I will find one I need to start all over again and that will throw me at least 1 year back (not to mention the money I already spent so far, which was a lot)
What do you think
I just got my PERM approved and I am debating about next steps of my eb-3.
it looks now that with the current retrogression the process will take 5 years. the company I am working for is not very stable and probably will be sold in the next 24 months.
I can look for another company that will sponsor me, but even if I will find one I need to start all over again and that will throw me at least 1 year back (not to mention the money I already spent so far, which was a lot)
What do you think
more...
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njboy
10-16 01:33 PM
Unless you serve in Armed Forces
Arkbird,
You cant get into the armed forces without a GC
Arkbird,
You cant get into the armed forces without a GC
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zCool
04-23 12:31 PM
This has been discussed before!
Moving to EAD is irreversible. You can't come back to H1b without applying for new H1.
The way USCIS knows that is you will show paycheck without valid H1.
This has been discussed before in many threads in details.. do the search.
I am planning to work on EAD soon and switch my employer using AC21. How would USCIS know that I have switched from H1b to EAD. I might change my mind after 1 months and get back to H1 transfer and work on H1 instead on EAD.
This depends on if the future project is long term and I switch to H1B just to be safe.
Any ideas would be appreciated...
Moving to EAD is irreversible. You can't come back to H1b without applying for new H1.
The way USCIS knows that is you will show paycheck without valid H1.
This has been discussed before in many threads in details.. do the search.
I am planning to work on EAD soon and switch my employer using AC21. How would USCIS know that I have switched from H1b to EAD. I might change my mind after 1 months and get back to H1 transfer and work on H1 instead on EAD.
This depends on if the future project is long term and I switch to H1B just to be safe.
Any ideas would be appreciated...
more...
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jchan
03-23 09:00 AM
Hi Elaine, I have a similar issue. I work for a consulting company, the company headquarter is town A (the same with LCA location) and I have been working for client in town B since several years ago. I have asked my employer whether I need to get an H1B amendment, my employer said since town A and B belong to the same metropolitan statistics area and are within commutable distance (9 miles), there's no need to do amendment. Should I be worried with the new memo coming out?
appreciate your answer.
appreciate your answer.
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raju6855
02-08 08:32 AM
My wife's passport was received from Delhi Consulate after about 21 business days.
My wife attended the H4 interview on Jan-11 and the VO asked 3 basic question of what does your husband do, what do you do and why are you going. No pink or green or any slip was given and nor my wife was told that her visa hasa been approved. All she was told was that they have to do some background processing after which they will send the passport back.
So what was supposed to be 2-3 days of work stretched for ever, off course flights had to be cancelled and wife had to drop the semester and my daughter had to miss the school as well. My wife's AP was approved after she had left for India,so couldn't even use that.
I know there is nothing an applicant can do or not do, but it just bothers me how much anguish this causes to not just the applicant but all of the immediate family and there is nothing that can be done.
I wish good luck to all who are stuck and hopefully in future this process might be more streamlined and have faster turnaround.
My wife attended the H4 interview on Jan-11 and the VO asked 3 basic question of what does your husband do, what do you do and why are you going. No pink or green or any slip was given and nor my wife was told that her visa hasa been approved. All she was told was that they have to do some background processing after which they will send the passport back.
So what was supposed to be 2-3 days of work stretched for ever, off course flights had to be cancelled and wife had to drop the semester and my daughter had to miss the school as well. My wife's AP was approved after she had left for India,so couldn't even use that.
I know there is nothing an applicant can do or not do, but it just bothers me how much anguish this causes to not just the applicant but all of the immediate family and there is nothing that can be done.
I wish good luck to all who are stuck and hopefully in future this process might be more streamlined and have faster turnaround.
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pappu
01-03 09:10 AM
Hi Pappu,
Please PM me your email id and I'll send that to you today.
himanshu at immigrationvoice.org
Please PM me your email id and I'll send that to you today.
himanshu at immigrationvoice.org
amindarshana
12-01 11:04 AM
Thank you Wandmaker..
My attorny gave me same sugestion.
But I was wondering do we have to take special permission from USCIS to re-file or just send the application with proof of previous deleivery.
And if Yes-- How?
My attorny gave me same sugestion.
But I was wondering do we have to take special permission from USCIS to re-file or just send the application with proof of previous deleivery.
And if Yes-- How?
GotFreedom?
10-06 07:26 PM
If the H1-B holder's labor is pending for at least a year then an 1 year extentions are granted. If the H1-B holder has an approved I-140 petition, the extention is granted for 3 years. I'm on my 9th year of H1B.
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