IV_Friend
03-29 04:39 PM
Dear Attorney,
My Brother is working Employer "X" on H1B.
His employer started his Green Card Processing in 2007.
His Labor (PD 2007) and 140 are approved by 2008.
Because of some reasons he had leave the employer "X" and Join Employer "Y".
Employer Y, willing to start green card process.
Can my brother use prior Priority Date?
Please advice. I Appreciate your help.
My Brother is working Employer "X" on H1B.
His employer started his Green Card Processing in 2007.
His Labor (PD 2007) and 140 are approved by 2008.
Because of some reasons he had leave the employer "X" and Join Employer "Y".
Employer Y, willing to start green card process.
Can my brother use prior Priority Date?
Please advice. I Appreciate your help.
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amulchandra
01-14 12:55 PM
Congratulations.
One quick question . Your PD (from your profile) is not current. Did you upgarde to EB2?
Thank you
Amul
One quick question . Your PD (from your profile) is not current. Did you upgarde to EB2?
Thank you
Amul
brb2
09-21 09:37 PM
Any time of the day there are more "guests" logged on than members. Making all the forums "members only" will double the membership right away:)
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fromnaija
09-26 08:11 PM
Well, I don't see a problem with that. If you can file 485 without clearing 140, why can't you file 485 without clearing labor?
We should stay modest? There are a lot of us who have waited 4+ years for labor. I think that's enough modesty and patience.
Hey, "modest request" in my post does not translate to modesty and patience. Just thought I'd point that out.
We should stay modest? There are a lot of us who have waited 4+ years for labor. I think that's enough modesty and patience.
Hey, "modest request" in my post does not translate to modesty and patience. Just thought I'd point that out.
more...
kumar07
09-16 08:59 AM
Hi Sandy,
Since I already have the h1b approval for this year, I guess there is no issue regarding any "fraud" involved or else they might have denied it in first place. Is it correct?
I will be working on internal project at company office location. So i believe I need the proper project description document to support my case. Without that, VO will again issue me 221g asking the same. So is it right to carry the full project report (around 30-50 pages) in first interview itself?
Thanks.
Since I already have the h1b approval for this year, I guess there is no issue regarding any "fraud" involved or else they might have denied it in first place. Is it correct?
I will be working on internal project at company office location. So i believe I need the proper project description document to support my case. Without that, VO will again issue me 221g asking the same. So is it right to carry the full project report (around 30-50 pages) in first interview itself?
Thanks.
nk2006
10-16 03:56 PM
Hi
Therefore how much would be the time
from after the application will I be able to change my status from H1B
to permanent resident and recieve my greencard? Does the premium
processing shorten the time?
Kambi
Kambi,
First of all let me congratulate you for planning ahead and preparing for getting green card. It�s always better to know the details ahead. The whole process as it stands now can take several years even for people from Rest-Of-World (for people born in India, China and Mexico its much, much, much worse). In general LC/PERM and I140 can be done in about six months time (give or take a few months which should not bother you much as you will be in early days of H1b). I485 is the step that takes longest and the processing times depend on the job classification. With current laws it can take several years before even you can submit application. But if SKIL bill or something similar is passed in US congress; your whole application process time can come down drastically (well there might still some issues because of load, but at least you can change jobs and still continue the process). Now the question is will that SKIL bill will be passed or not? � it�s beyond anyone�s guess but it is possible if we as a group try harder and do everything that we can. This is once in a long while chance to change our plight. Many analysts/experts feel that contentious issues like immigration will not be taken up near presidential elections which are in �08 so our best chance is next few months. Please spread the word about IV among your friends/peers.
I am directly appealing to you because I have talked to many young friends like you who are in school. Their general attitude is it�s not their problem and that they are far too away from the point to worry about GC. Guess what, I used to think same a few years back and am here stuck in this retrogession. One good thing is now we have an organized effort (thanks to IV core team) and IV team showed us that they know what they are doing and are putting serious effort. Please spread the word about IV and make them members.
IV core/pappu,
You might have already done this but still thought of suggesting: most of universities in US have lots of foreign students in masters and bachelors programs and they have associations like Chinese students association, Indian students association. Can we send them info about IV; specifically explaining them how Greencard/H1B delays can cause issues with their career and explaining how IV is trying to get the SKIL bill passed. That bill is a lot advantageous for people getting degrees in USA and they should be excited to become members. Since these guys/gals are young and energetic their involvement would be really good for us. A group of people can volunteer and collect email addresses of these associations and we can send a general format letter to them. I volunteer to do some work in this effort. Let us know. Thanks.
Therefore how much would be the time
from after the application will I be able to change my status from H1B
to permanent resident and recieve my greencard? Does the premium
processing shorten the time?
Kambi
Kambi,
First of all let me congratulate you for planning ahead and preparing for getting green card. It�s always better to know the details ahead. The whole process as it stands now can take several years even for people from Rest-Of-World (for people born in India, China and Mexico its much, much, much worse). In general LC/PERM and I140 can be done in about six months time (give or take a few months which should not bother you much as you will be in early days of H1b). I485 is the step that takes longest and the processing times depend on the job classification. With current laws it can take several years before even you can submit application. But if SKIL bill or something similar is passed in US congress; your whole application process time can come down drastically (well there might still some issues because of load, but at least you can change jobs and still continue the process). Now the question is will that SKIL bill will be passed or not? � it�s beyond anyone�s guess but it is possible if we as a group try harder and do everything that we can. This is once in a long while chance to change our plight. Many analysts/experts feel that contentious issues like immigration will not be taken up near presidential elections which are in �08 so our best chance is next few months. Please spread the word about IV among your friends/peers.
I am directly appealing to you because I have talked to many young friends like you who are in school. Their general attitude is it�s not their problem and that they are far too away from the point to worry about GC. Guess what, I used to think same a few years back and am here stuck in this retrogession. One good thing is now we have an organized effort (thanks to IV core team) and IV team showed us that they know what they are doing and are putting serious effort. Please spread the word about IV and make them members.
IV core/pappu,
You might have already done this but still thought of suggesting: most of universities in US have lots of foreign students in masters and bachelors programs and they have associations like Chinese students association, Indian students association. Can we send them info about IV; specifically explaining them how Greencard/H1B delays can cause issues with their career and explaining how IV is trying to get the SKIL bill passed. That bill is a lot advantageous for people getting degrees in USA and they should be excited to become members. Since these guys/gals are young and energetic their involvement would be really good for us. A group of people can volunteer and collect email addresses of these associations and we can send a general format letter to them. I volunteer to do some work in this effort. Let us know. Thanks.
more...
Saralayar
07-28 09:09 PM
I'm getting fed up with people on this forum who assume that India is the only country from which people immigrate to the US, and always only mention the India dates when talking about cut off dates, and assume that are the only dates people want to talk about.
Even though India is by far the country of birth with the most high skilled immigrants to the US, it still takes up less than half of the number of high skilled immigrants. By some discussions going on on this forum, you would think 95% of the high skilled immigrants come from India.
Yes you are correct. Guys just like that start some heart breaking threads. Not doing proper research on such delicate and sensitive issues.
Even though India is by far the country of birth with the most high skilled immigrants to the US, it still takes up less than half of the number of high skilled immigrants. By some discussions going on on this forum, you would think 95% of the high skilled immigrants come from India.
Yes you are correct. Guys just like that start some heart breaking threads. Not doing proper research on such delicate and sensitive issues.
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saimrathi
07-03 11:41 AM
Dont tell me you never take vacation ;-) If that is true, I will hire you.
Please hire me.. since you are all set yourself... Lets be practical.. I think contacting the media should be your top priority.. I have done it already, why dont u use your precious time there...
Please hire me.. since you are all set yourself... Lets be practical.. I think contacting the media should be your top priority.. I have done it already, why dont u use your precious time there...
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pani_6
01-16 05:17 PM
Letter is attached
http://immigrationvoice.org/forum/showthread.php?t=22793
http://immigrationvoice.org/forum/showthread.php?t=22793
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shishya
09-01 08:21 PM
Folks,
I had filed my I-485 in Oct 2008 (EB2-I, PD of May 2006) and moved in March 2009. I changed my address online and have a confirmation number for it. However, I don't think I have received a confirmation in the mail from USCIS.
I am trying to find out how to confirm if USCIS has my current address correctly on file. I tried to call in today and was told there is no way for them to confirm that on phone. The lady I spoke with took the updated address again -- saying she will refile for change of address and gave me a service ID that I could apparently use to get an infopass appointment 45 days from now.
Is there anything else I should/could do? Appreciate any input.
Thanks.
I had filed my I-485 in Oct 2008 (EB2-I, PD of May 2006) and moved in March 2009. I changed my address online and have a confirmation number for it. However, I don't think I have received a confirmation in the mail from USCIS.
I am trying to find out how to confirm if USCIS has my current address correctly on file. I tried to call in today and was told there is no way for them to confirm that on phone. The lady I spoke with took the updated address again -- saying she will refile for change of address and gave me a service ID that I could apparently use to get an infopass appointment 45 days from now.
Is there anything else I should/could do? Appreciate any input.
Thanks.
more...
dealsnet
08-04 11:55 AM
We need a new Social Security Card after receiving the GC. Restrictions in the H1B people's card. So we need to apply to remove the restrictions.
I did apply at the Social Security office and got the new card within 1 week. The application is same for a new SSN and we need to show the Green card as a proof. We need to surrender the old card at the office. The old card with 'employment with INS authorization' will be removed from the system.
So after getting GC, we need to give new I-9 to the employer with GC copy and new Scoial Security Card. Same applicable for dependants.
I did apply at the Social Security office and got the new card within 1 week. The application is same for a new SSN and we need to show the Green card as a proof. We need to surrender the old card at the office. The old card with 'employment with INS authorization' will be removed from the system.
So after getting GC, we need to give new I-9 to the employer with GC copy and new Scoial Security Card. Same applicable for dependants.
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raju6855
02-02 11:04 AM
Ok, I guess we will do that.
Thanks much
Thanks much
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indio0617
05-02 03:43 PM
Well, good lawyer or bad lawyer, everyone here knows, that they never reveal the true story of what and where the company messed up.
I want to just find out that, if I transfer to a new company with 14 months left on that 6 year limit, do I have enough time to transfer H1, file brand new Perm, file a brand new I 140 , get approved, and get three year extention instead of on year? a small window for timing here. Should I stick with the same company?
Any input is appreciated.
thanks.....
Yes. You definitely have time to do all that. PERM should take max 4 months total time, I-140 via premium processing will not take more than 2 weeks. So, you need not worry about the timeline at all.
If you want to move to a new employer go for it.
I want to just find out that, if I transfer to a new company with 14 months left on that 6 year limit, do I have enough time to transfer H1, file brand new Perm, file a brand new I 140 , get approved, and get three year extention instead of on year? a small window for timing here. Should I stick with the same company?
Any input is appreciated.
thanks.....
Yes. You definitely have time to do all that. PERM should take max 4 months total time, I-140 via premium processing will not take more than 2 weeks. So, you need not worry about the timeline at all.
If you want to move to a new employer go for it.
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05-31 09:07 AM
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CaliGC
06-15 02:49 PM
I am sorry I have no answer to your question but I would like to know how you found out the exact dates your names was cleared. This would be useful info for a lot of us here. Appreciate if you could share this with this forum
Well, I got to know in two ways.
1. My case was originally filed with vermont center and I had called and spoke to one of the immigration officer and I came to know it then (around year 2006).
2. Recently I moved my house and there was some correspondence that still went to the old address, I visited the Immigration office in San Jose, California to rectify the address and asked the immigration officer to check it for me.
Hope this helps.
Well, I got to know in two ways.
1. My case was originally filed with vermont center and I had called and spoke to one of the immigration officer and I came to know it then (around year 2006).
2. Recently I moved my house and there was some correspondence that still went to the old address, I visited the Immigration office in San Jose, California to rectify the address and asked the immigration officer to check it for me.
Hope this helps.
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martinvisalaw
12-01 06:00 PM
The relevant dates, as I see it, are:
10/06: H-1B ext filed
12/06: H-1B expired, ext still pending
7/07: 485 filed.
??: H-1B ext denied?
Using INA 245k you may be able to argue that you are eligible to adjust because you may not have violated status for over 180 days, or at all, before filing the 485. Recent CIS memos on the issue of unlawful presence and related topics have made this a very complicated subject, so you really need to review the entire history with an immigration attorney in a formal consultation.
10/06: H-1B ext filed
12/06: H-1B expired, ext still pending
7/07: 485 filed.
??: H-1B ext denied?
Using INA 245k you may be able to argue that you are eligible to adjust because you may not have violated status for over 180 days, or at all, before filing the 485. Recent CIS memos on the issue of unlawful presence and related topics have made this a very complicated subject, so you really need to review the entire history with an immigration attorney in a formal consultation.
more...
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green_card_curious
03-07 06:52 PM
No. I am an environmental engineer working in Consulting Industry (5 journal articles; 4 conference proceedings).
I am not looking for reasons for denial. I will know it in a few days myself. If you can throw some light on the status of I 485, I would appreeciate it.
Thanks for your time.
I am not looking for reasons for denial. I will know it in a few days myself. If you can throw some light on the status of I 485, I would appreeciate it.
Thanks for your time.
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indyanguy
04-20 03:09 PM
I would be interested as well. Wife going for stamping in chennai in a week !! Anything I can do to prevent PIMS delay?
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Pankaj
04-17 11:04 AM
I would suggest send an email, fax and certified mail asking your salary and give a time of a week.
Fill WH4 form along with copy of H1 approval and submit to the office of DOL where you worked for that period.
Fill WH4 form along with copy of H1 approval and submit to the office of DOL where you worked for that period.
frostrated
09-09 04:03 PM
but the question is can someone mail the AP to India by postal mail or can someone take it along with them for their spouse if they are travelling. Precisely my question is when someone has applied for AP and when its not approved, can they travel without it and come back with AP that was approved after travel to India? This is always a grey area and no one seems to have a clear answer.
the rule states that you have to be present in the country when you apply for AP. It does not say anything on where you need to be when it is approved. There are many cases where the applicant left the US to have the document mailed or taken along with someone to the person out of the US. The applicants on return were not asked anything. It was business as usual.
the rule states that you have to be present in the country when you apply for AP. It does not say anything on where you need to be when it is approved. There are many cases where the applicant left the US to have the document mailed or taken along with someone to the person out of the US. The applicants on return were not asked anything. It was business as usual.
JSimmivoice
01-24 05:51 PM
Ann & Others, thanks for your valuable inputs, My visa stamp on my passport expired last week but I do have a valid extended I-94 from my extended H1 petition. So I'm getting the option from Company A to go US Consulate in Abroad, get restamped based on my current valid H1 Petition from Company A and enter US using it and join Company A directly which will clear all problems including the unauthorized employment.