tammman
10-15 04:50 PM
My wife has EAD but didnt use it yet and she is on L1 and her AP had an RFE today and she has ticket booked for INDIA on dec6th...if her AP doesnt get approved before she leaves can she travel ?
People were mentioned about it needs to approved before u come back to USA ?
Please suggest.
People were mentioned about it needs to approved before u come back to USA ?
Please suggest.
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ishreeram
07-20 06:40 PM
My PD is June 04 and the online status for my LC shows CERTIFIED since last week. Attorneys say they need DOL to send them the approved LC ... some document, which would be needed to file I-140 and I-485. Any idea how much time it takes for DOL to send the above said document back to the applicant or representative?
olddutch
10-27 02:57 PM
Sent H1B extension papers on Oct. 16th under Premium Processing to VSC.
Got e-mail on Oct. 24th that it got transferred to CA and a decision will be made within 15 days.
On Oct. 26 online status showed that this case has been approved. Also got e-mail the same day regarding the approval.
Hope this information helps.
Good Luck to everyone!
Got e-mail on Oct. 24th that it got transferred to CA and a decision will be made within 15 days.
On Oct. 26 online status showed that this case has been approved. Also got e-mail the same day regarding the approval.
Hope this information helps.
Good Luck to everyone!
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Marphad
01-09 12:38 PM
Anotehr question in thsi regard, say ur I-94 expired and you applied for and got h1 renewal, and the new I-797 has the new I-94 in it, so we cut it from there and staple it to our passports ???
And when we leave the country we surrender both the I-94s ???
No the current one!
And when we leave the country we surrender both the I-94s ???
No the current one!
more...
ssharma
04-27 01:36 PM
Your question has been answered at www.immigration-law.com ( advanced Q&A section). I am copy pasting :
Q-74 (04-15-2006): I had a pending RIR (EB-3) labor certification with priority date of October 2004. In November 2005, I filed PERM (EB-2) which was approved in February 2006. I filed I-140 (EB-2) right away. Now, my RIR was approved. I plan to file another I-140 based on RIR (EB-3). Can I carry over the priority date of October 2004 to EB-2? What should I do to carry over the October 2004 priority date?
A-74: The immigration regulation provides that when an alien has multiple "approved" I-140 petitions with different classifications, the alien can use the earliest priority date. This carry-over of the priority date is available regardless of difference in the occupational classifications, preference categories or employers. Unlike common misunderstanding, one cannot seek amendment of the approved I-140 petition to change the priority of a given petition. In your case, once your EB-2 I-140 petition is approved and the visa cut-off date for EB-2 for your country moves to October 2004, even if your EB-2 priority date is November 2005, you can file I-485/I-765/I-131. In filing I-485, you should attach EB-2 I-140 approval notice (original) as the underlying I-140 petition and submit a photocopy of the approved EB-3 I-140 approval notice as an evidence to prove the priority date of October 2004. Thus, EB-3 approval notice serves the sole purpose of proof of the priority date and nothing else. Once EB-3 approval notice is attached, the agency will pull out the EB-3 proceeding file to determine whether the EB-3 petition has been revoked for fraud or error. Unless such revocation is detected, the agency will keep processing your I-485, I-765, and I-131 based on the approved EB-2 I-140 petition and using the priority date of October 2004 for the purpose of determining availability of a visa number to approve I-485. This priority date transfer should not be confused with the rule of transfer of pending I-485 from one approved I-140 petition to another approved I-140 petition. Soon, the popular substitution of labor certification is expected to be eliminated, which provided a valuable means to pick up earlier priority dates. In its place, it is likely that more and more people may file multiple petitions with the same or different employers and for same or different occupations in different preference categories to take advantage of the current rule of transferability of earliest priority date among different classification of the approved I-140 petitions.
Ref: http://www.immigrationportal.com/archive/index.php/t-210170.html
Q-74 (04-15-2006): I had a pending RIR (EB-3) labor certification with priority date of October 2004. In November 2005, I filed PERM (EB-2) which was approved in February 2006. I filed I-140 (EB-2) right away. Now, my RIR was approved. I plan to file another I-140 based on RIR (EB-3). Can I carry over the priority date of October 2004 to EB-2? What should I do to carry over the October 2004 priority date?
A-74: The immigration regulation provides that when an alien has multiple "approved" I-140 petitions with different classifications, the alien can use the earliest priority date. This carry-over of the priority date is available regardless of difference in the occupational classifications, preference categories or employers. Unlike common misunderstanding, one cannot seek amendment of the approved I-140 petition to change the priority of a given petition. In your case, once your EB-2 I-140 petition is approved and the visa cut-off date for EB-2 for your country moves to October 2004, even if your EB-2 priority date is November 2005, you can file I-485/I-765/I-131. In filing I-485, you should attach EB-2 I-140 approval notice (original) as the underlying I-140 petition and submit a photocopy of the approved EB-3 I-140 approval notice as an evidence to prove the priority date of October 2004. Thus, EB-3 approval notice serves the sole purpose of proof of the priority date and nothing else. Once EB-3 approval notice is attached, the agency will pull out the EB-3 proceeding file to determine whether the EB-3 petition has been revoked for fraud or error. Unless such revocation is detected, the agency will keep processing your I-485, I-765, and I-131 based on the approved EB-2 I-140 petition and using the priority date of October 2004 for the purpose of determining availability of a visa number to approve I-485. This priority date transfer should not be confused with the rule of transfer of pending I-485 from one approved I-140 petition to another approved I-140 petition. Soon, the popular substitution of labor certification is expected to be eliminated, which provided a valuable means to pick up earlier priority dates. In its place, it is likely that more and more people may file multiple petitions with the same or different employers and for same or different occupations in different preference categories to take advantage of the current rule of transferability of earliest priority date among different classification of the approved I-140 petitions.
Ref: http://www.immigrationportal.com/archive/index.php/t-210170.html
hmehta
09-07 11:59 AM
Same thing happened with me - since graduation I have been in the same company for 5 yrs, still as far as labor is concerned it is considered MS+0 yrs( i was very very disappointed on learning that), but changing job to get EB-2 just for this cause is a bit of over-reaction (assuming you are happy in ur current job).
I am in great need of some suggestions. I hold a MS degree in computer science and graduate in 2004 dec. Since then I have been with the same employer.
Now that he is filing for my LC. Is it difficult to get through with MS+0yrs of expereince ?
Also, at this point of time i have found other employers who is willing to do my GC in which case I will have MS+2 yrs of expereince.
Is it worth changing employer for gaining 2 yrs of expereince for my LC.
Does this really make my case more stronger ? or I am just OVER REACTING ? and doing unneccessary thing
DOES THE EXPEREINCE with MS makes it better for EB2 ?
Please let me know if there are some experts out there
I am in great need of some suggestions. I hold a MS degree in computer science and graduate in 2004 dec. Since then I have been with the same employer.
Now that he is filing for my LC. Is it difficult to get through with MS+0yrs of expereince ?
Also, at this point of time i have found other employers who is willing to do my GC in which case I will have MS+2 yrs of expereince.
Is it worth changing employer for gaining 2 yrs of expereince for my LC.
Does this really make my case more stronger ? or I am just OVER REACTING ? and doing unneccessary thing
DOES THE EXPEREINCE with MS makes it better for EB2 ?
Please let me know if there are some experts out there
more...
nogcyet
07-17 12:05 AM
my attorney did not ask for w2 or tax return, my company uses berry, appleman and leiden, usabal.com
wonder why different attorneys have different requirements
Copy of W2 and recent two pay-stubs is sufficient to file AOS.:)
wonder why different attorneys have different requirements
Copy of W2 and recent two pay-stubs is sufficient to file AOS.:)
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r2i2009
09-20 09:30 PM
Confused ...i think GC stands for Great Confusion
Came in 2001....PD 2003......EB3
Will I ever get my GC? What is it anyway?
Came in 2001....PD 2003......EB3
Will I ever get my GC? What is it anyway?
more...
GCNirvana007
04-08 06:26 PM
As if your ID has any value?
Who cares about annonymous IDs anyways. :D:D:D
Thanks. Hope you get GC soon as well.
Who cares about annonymous IDs anyways. :D:D:D
Thanks. Hope you get GC soon as well.
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roseball
08-07 10:37 AM
1> Marriage certificate.
2.> I-864 + employment letter (copy will do) + tax returns (last 3 years) + W2s (last 3 years) + paystubs for last 3 months + bank letter
3.> Proof of status for her (I-94s, I-20s, I-797, EAD, etc)
4.> Copy of her complete passport (including expired one if it exists)
5.> Her birth certificate / affidavits
6.> Copy of your I-140 approval
7.> 6 photographs of her
8.> Filing fees
You also need to include the filled in Form I-134.
http://www.uscis.gov/files/form/i-134.pdf
2.> I-864 + employment letter (copy will do) + tax returns (last 3 years) + W2s (last 3 years) + paystubs for last 3 months + bank letter
3.> Proof of status for her (I-94s, I-20s, I-797, EAD, etc)
4.> Copy of her complete passport (including expired one if it exists)
5.> Her birth certificate / affidavits
6.> Copy of your I-140 approval
7.> 6 photographs of her
8.> Filing fees
You also need to include the filled in Form I-134.
http://www.uscis.gov/files/form/i-134.pdf
more...
GCDream
02-20 08:12 PM
Here is what I have after analyzing the FLC Data Center MDB files
>2001 May 8 = 504 Certified Labors
2002 = 79784 Certified Labors
2003 = 62912 Certified Labors
2004 = 43582 Certified Labors
Total: 186782 Certified Labors
The above data is for world
Let's say India is 25% of world and 75% of India is in EB3
This gives 186782 * 0.25 * 0.75 = 35022 for India from 2001 to 2004
Since the country of the alien is available for Perm, let's use it for 2005 and 2006
2005 India = 1350
2006 India = 22298
Total for India in 2005 and 2006 = 23648
Pending in BEC: 111000
Applying the same formula for India EB3: 111000 * 0.25 * 0.75 = 20812
Total for India in all years till Dec 2006 = 35022 + 23648 + 20812 = 79482
Let's say 20% labors are duplicate or deserted. This gives 79482 * 0.80 = 63586
Total for India in all years till Dec 2006 with Dependents = 63586 * 2.2 = 139889
Total EB3 visas for India in a year: 140000 * 0.07 * 0.286 = 2802
Without any Law:
139889/2802 = 50 Years
Assuming CIR passes with
1. Dependents not counted
2. EB visas increased from 140,000 to 650,000
3. Per country quota raised to 10%
4. Exempts advanced degree holders
Total EB3 India visas per year = 650,000 * 0.1 * 0.286 = 18590
Total for India in all years till Dec 2006 without dependents: 63586
Assuming 20% have advanced degree holders = 63586 * 0.2 = 12717
Total for India in all years till Dec 2006 without dependents and advanced degree holders
= 63586 - 12717 = 50869
For India EB3 Priority date to reach Dec 2006 = 50869/18590 = 2.7 Years
Conclusion
Without Law: 50 Years :confused:
With Law: 2.7 Years :D
>2001 May 8 = 504 Certified Labors
2002 = 79784 Certified Labors
2003 = 62912 Certified Labors
2004 = 43582 Certified Labors
Total: 186782 Certified Labors
The above data is for world
Let's say India is 25% of world and 75% of India is in EB3
This gives 186782 * 0.25 * 0.75 = 35022 for India from 2001 to 2004
Since the country of the alien is available for Perm, let's use it for 2005 and 2006
2005 India = 1350
2006 India = 22298
Total for India in 2005 and 2006 = 23648
Pending in BEC: 111000
Applying the same formula for India EB3: 111000 * 0.25 * 0.75 = 20812
Total for India in all years till Dec 2006 = 35022 + 23648 + 20812 = 79482
Let's say 20% labors are duplicate or deserted. This gives 79482 * 0.80 = 63586
Total for India in all years till Dec 2006 with Dependents = 63586 * 2.2 = 139889
Total EB3 visas for India in a year: 140000 * 0.07 * 0.286 = 2802
Without any Law:
139889/2802 = 50 Years
Assuming CIR passes with
1. Dependents not counted
2. EB visas increased from 140,000 to 650,000
3. Per country quota raised to 10%
4. Exempts advanced degree holders
Total EB3 India visas per year = 650,000 * 0.1 * 0.286 = 18590
Total for India in all years till Dec 2006 without dependents: 63586
Assuming 20% have advanced degree holders = 63586 * 0.2 = 12717
Total for India in all years till Dec 2006 without dependents and advanced degree holders
= 63586 - 12717 = 50869
For India EB3 Priority date to reach Dec 2006 = 50869/18590 = 2.7 Years
Conclusion
Without Law: 50 Years :confused:
With Law: 2.7 Years :D
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maag
09-27 10:56 AM
I had filled A # from I-140 in my 485 application form, but my 485 receipts shows different A #, both my I-140 and different number from 485 receipt starts with 088, I am primary applicant and my spouse's A # are different too and her numbers also starts with 088.
more...
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eb3retro
03-15 01:38 PM
eb3retro,
Your concerns are well placed. Please be rest assured that we're working on reinstating the AC21 clause on per country limits.
Due to the sensitive nature of lobbying, we're sorry that we will not be able to divulge any more detailed information.
Thanks for the response admin, I understand your concerns.
Your concerns are well placed. Please be rest assured that we're working on reinstating the AC21 clause on per country limits.
Due to the sensitive nature of lobbying, we're sorry that we will not be able to divulge any more detailed information.
Thanks for the response admin, I understand your concerns.
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needhelp!
09-16 01:39 PM
Same thing you used your Cingular minutes for :)
This will be your second round of calls.
Calls to ?
This will be your second round of calls.
Calls to ?
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chanduv23
03-03 12:14 PM
chanduv
thanks for the encouraging reply. it seems like some people are getting denials without any NOIDs and are going out of status due to that. my previous company is not going to revoke my I-140 so that is not a problem. however i am concerned about any other stupid reasons that these people might put in a denial and make us go through the suffering process. do you know of any such situations or do you think that the USCIS is completely aware of this AC21 clauses and that they do not simply deny the cases. I know i am asking a completely insane question but just wanted to try any ways.
thanks a lot in advance.
Check out my blog on IV also check some threads that ran in past.
Remember - RFE for employment does not necessarily get triggered because of 140 revoke - it can be triggered even if you change address (see some threads)
thanks for the encouraging reply. it seems like some people are getting denials without any NOIDs and are going out of status due to that. my previous company is not going to revoke my I-140 so that is not a problem. however i am concerned about any other stupid reasons that these people might put in a denial and make us go through the suffering process. do you know of any such situations or do you think that the USCIS is completely aware of this AC21 clauses and that they do not simply deny the cases. I know i am asking a completely insane question but just wanted to try any ways.
thanks a lot in advance.
Check out my blog on IV also check some threads that ran in past.
Remember - RFE for employment does not necessarily get triggered because of 140 revoke - it can be triggered even if you change address (see some threads)
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solaris27
09-28 10:48 AM
but pay taxes on profets.
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ragz4u
03-15 11:05 AM
Ramanujam,
Over the last couple of weeks IV core committee members and QGA have had several meetings with important members of Senate and House. We have tried to educate the relevant folks about our situation.
It is premature to assume/speculate one way or other whether any pro-immigrant provisions will be removed/added. The next few days will provide a good idea of how things might unfold
There are a ton of amendments that are being introduced by various Judiciary Committee members. The committee has only reached Title 3 while Title 4 and 5 are the ones that most affect us
In the same vein, the Judiciary Committee is NOT the only place an amendment can be brought into the bill.
After the Judiciary committee, the bill will be brought to the floor. At that time too amendments can be brought in by Senators. Once the bill passes the senate, the bill will be discussed by the Joint Conference Committee that will negotiate and come to a common bill from both the House Version HR4437 and the senate version of it. Here too, pro-immigrant provisions can be added/removed
So in short, we will try our best to ensure that all our goals mentioned on the home page are achieved (hopefully :) ) and we will keep on working on it until the final bill gets passed by both the house and senate after the joint conference committee!
Over the last couple of weeks IV core committee members and QGA have had several meetings with important members of Senate and House. We have tried to educate the relevant folks about our situation.
It is premature to assume/speculate one way or other whether any pro-immigrant provisions will be removed/added. The next few days will provide a good idea of how things might unfold
There are a ton of amendments that are being introduced by various Judiciary Committee members. The committee has only reached Title 3 while Title 4 and 5 are the ones that most affect us
In the same vein, the Judiciary Committee is NOT the only place an amendment can be brought into the bill.
After the Judiciary committee, the bill will be brought to the floor. At that time too amendments can be brought in by Senators. Once the bill passes the senate, the bill will be discussed by the Joint Conference Committee that will negotiate and come to a common bill from both the House Version HR4437 and the senate version of it. Here too, pro-immigrant provisions can be added/removed
So in short, we will try our best to ensure that all our goals mentioned on the home page are achieved (hopefully :) ) and we will keep on working on it until the final bill gets passed by both the house and senate after the joint conference committee!
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wandmaker
11-21 04:15 PM
cool_guy_onnet1: I assume you have not applied AOS (485) for your wife. You will not be able to do it until the PD become current. You should maintain your H1 status, so find a new H1 sponsoring employer and transfer your H1. Do not use your EAD/AP, it will void your H1 status and you guys will have to stay apart.
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uma001
02-01 01:31 PM
Congrats and dont forget to continue to stay on this forum to help others if they have any questions regarding green card process
AfghanPremi
12-08 12:24 AM
Yes!
You will be fine, i am on H1 and doing my MS part time!!
You will be fine, i am on H1 and doing my MS part time!!
Rakson
03-03 06:58 PM
You have added important point for consideration. Thanks!
I am including response from Rajeev Khanna. I took paid consultation today and paid him $220 for above queries. He is excellent. I would recommend him for all immigration queries...
A. Can USCIS revoke extended period ( after Jan 29, 2011) if current company(A) revokes their approved I-140 before new company(B) gets approval of new PERM and I-140?
Rajeev >> USCIS can but they have not done this till today ( as per history in Rajeev's database).
B. Can new company (B) start new PERM application during my extension period (after Jan 29, 2011)?
Rajeev >> YES, they can. It is recommended to start before start of 7th year but not MUST.
C. Can new company (B) transfer Priority date even if existing company(A) revokes their I-140?
Rajeev >> Yes, its possible if revoke is not due to fraud filing..
1. What kind of trend is there now a days on PERM labor approval? Lot of queries and rejections ?
Rajeev >> No, this is not true. USCIS is still approving as before.
2. Can my new PERM or I-140 be denied for any reason? It was approved for me twice in past.
Rajeev >> Yes, this could happen as every filing is new and handled from starting.
3. Can I keep running existing GC without continuing with old company? When should I join them back for safe GC processing? After GC? After EAD? During 485 filing?
Rajeev >> Ideally after GC you must join but it is recommended to join back during 485 filing.
4. My wife worked on L2+EAD for 3 years. Is L2+ EAD period counted towards 6 years work visa like (H1 + L1).
Rajeev >> No, L2+EAD period is not counted like H1 & L1.
I am including response from Rajeev Khanna. I took paid consultation today and paid him $220 for above queries. He is excellent. I would recommend him for all immigration queries...
A. Can USCIS revoke extended period ( after Jan 29, 2011) if current company(A) revokes their approved I-140 before new company(B) gets approval of new PERM and I-140?
Rajeev >> USCIS can but they have not done this till today ( as per history in Rajeev's database).
B. Can new company (B) start new PERM application during my extension period (after Jan 29, 2011)?
Rajeev >> YES, they can. It is recommended to start before start of 7th year but not MUST.
C. Can new company (B) transfer Priority date even if existing company(A) revokes their I-140?
Rajeev >> Yes, its possible if revoke is not due to fraud filing..
1. What kind of trend is there now a days on PERM labor approval? Lot of queries and rejections ?
Rajeev >> No, this is not true. USCIS is still approving as before.
2. Can my new PERM or I-140 be denied for any reason? It was approved for me twice in past.
Rajeev >> Yes, this could happen as every filing is new and handled from starting.
3. Can I keep running existing GC without continuing with old company? When should I join them back for safe GC processing? After GC? After EAD? During 485 filing?
Rajeev >> Ideally after GC you must join but it is recommended to join back during 485 filing.
4. My wife worked on L2+EAD for 3 years. Is L2+ EAD period counted towards 6 years work visa like (H1 + L1).
Rajeev >> No, L2+EAD period is not counted like H1 & L1.
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