cableching
08-14 08:23 PM
My 485 was approved last week. Current status is Post Decison Activity. I've received Welcome Notice few days back.
It seems like USCIS automatically ported the PD.
My EB3 PD is April 2003 and working for the sponsored company.
I filed another 140 under EB2 through another company and it got approved 3 years back. I never joined in that company. I didn't port my EB3 PD when the EB2 140 was filed.
As a matter of fact, I completely forgot about this EB2 140 and this company.
All of a sudden, last week my 485 was approved with the EB2 PD which is Jan 2006.
I guess USCIS ported EB3-EB2 automatically. Is it normal?. What should I do?.
Please advice.
USCIS is taking a very liberal view in porting the priority dates. They are taking the oldest priority date and the better category in approving the GC. In your case your EB3 priority date and your EB2 I-140.
You don't have to join the company which applied for your EB2 and you never applied for I-485 for this employer.
There are a number of cases like this, just search for the posts my posts, you will find a couple of cases like this in Immigration voice itself.
Don't worry about contacting a lawyer, just update I-9 form with your employer.
Enjoy the freedom.
It seems like USCIS automatically ported the PD.
My EB3 PD is April 2003 and working for the sponsored company.
I filed another 140 under EB2 through another company and it got approved 3 years back. I never joined in that company. I didn't port my EB3 PD when the EB2 140 was filed.
As a matter of fact, I completely forgot about this EB2 140 and this company.
All of a sudden, last week my 485 was approved with the EB2 PD which is Jan 2006.
I guess USCIS ported EB3-EB2 automatically. Is it normal?. What should I do?.
Please advice.
USCIS is taking a very liberal view in porting the priority dates. They are taking the oldest priority date and the better category in approving the GC. In your case your EB3 priority date and your EB2 I-140.
You don't have to join the company which applied for your EB2 and you never applied for I-485 for this employer.
There are a number of cases like this, just search for the posts my posts, you will find a couple of cases like this in Immigration voice itself.
Don't worry about contacting a lawyer, just update I-9 form with your employer.
Enjoy the freedom.
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lost_in_migration
05-14 05:14 PM
Yeah even I think filing fees could be an important aspect
Thanks IV for your efforts on this. This is jsut personal, but I do find the timing too much of a coincidence. My thought would be related to the increase in filing fees aspect that will now net USCIS a goldmine in terms of huge filings.
Is there a timeline we can figure out that would allow for most filings to go through at the old fee structure?
That would net some savings for filers who have multiple dependents.
Just a thought.....
Thanks IV for your efforts on this. This is jsut personal, but I do find the timing too much of a coincidence. My thought would be related to the increase in filing fees aspect that will now net USCIS a goldmine in terms of huge filings.
Is there a timeline we can figure out that would allow for most filings to go through at the old fee structure?
That would net some savings for filers who have multiple dependents.
Just a thought.....
alterego
03-16 12:59 AM
What I understood from Ron's article:
They're not processing fast enough to exhaust visa numbers.
They want to minimize visa number wastage.
They may move dates significantly forward so that they can approve low-hanging fruits to approve as many as possible
Many people will have dates current, but few will get approved... it'll be luck of draw.
Dates will then return to retrogressed levels at the beginning of the next financial year.
However, overall visa number wastage should be much smaller than previous years as they have started moving the dates forward much sooner this time.Disclaimer: This is my interpretation of Ron's post. These are not my predictions.
Personally, I'm Pessimistic... being in India-EB3, that's not a state of mind... it's a lifestyle.
Well put together summary!
They're not processing fast enough to exhaust visa numbers.
They want to minimize visa number wastage.
They may move dates significantly forward so that they can approve low-hanging fruits to approve as many as possible
Many people will have dates current, but few will get approved... it'll be luck of draw.
Dates will then return to retrogressed levels at the beginning of the next financial year.
However, overall visa number wastage should be much smaller than previous years as they have started moving the dates forward much sooner this time.Disclaimer: This is my interpretation of Ron's post. These are not my predictions.
Personally, I'm Pessimistic... being in India-EB3, that's not a state of mind... it's a lifestyle.
Well put together summary!
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centaur
04-13 03:51 PM
What bill is that? Do you have the bill nimber?
Iam curious to know if IV is supporting Hagel's bill which will not only increase H1Bs but also has good EB provisions.
It might not be a bad idea to have some interim relief instead of focussing on gigantic CIR .
Iam curious to know if IV is supporting Hagel's bill which will not only increase H1Bs but also has good EB provisions.
It might not be a bad idea to have some interim relief instead of focussing on gigantic CIR .
more...
arao
12-21 03:49 PM
I recently confirmed Netherlands does not need transit visa.
So, I am flying Northwest.
Hi
I and my family members have EXPIRED STUDENT VISA on the Passort. I have H-1 (H-4) approval till 2008 but no VALID VISA STAMP on our Passport.
I am planing a TRIP to INDIA in Summer. Since My I-140 is already approved and I-485 pending, I will have ADVANCE PAROLE in my hand when I visit India. I will also attempt to Get H-1B/H-4 stamp at Mumbai, while I am in India.
My question is Since I dont have any VALID VISA STAMP on my PASSPORT While going as well as in return, WHICH AIRLINE OR TRANSIT COUNTRY I SHOULD SELECT SO THAT I WILL NOT HAVE TO GET TRANSIT VISA ?
IS there any EUROPEAN TRANSIT COUNTRY FOR FLYING TO MUMBAI WHICH DOES NOT REQUIRE TRANSIT VISA FROM INDIAN NATIONALS.
YOUR input will help me lot in be prepared and planing for my summer trip.
Thanks
So, I am flying Northwest.
Hi
I and my family members have EXPIRED STUDENT VISA on the Passort. I have H-1 (H-4) approval till 2008 but no VALID VISA STAMP on our Passport.
I am planing a TRIP to INDIA in Summer. Since My I-140 is already approved and I-485 pending, I will have ADVANCE PAROLE in my hand when I visit India. I will also attempt to Get H-1B/H-4 stamp at Mumbai, while I am in India.
My question is Since I dont have any VALID VISA STAMP on my PASSPORT While going as well as in return, WHICH AIRLINE OR TRANSIT COUNTRY I SHOULD SELECT SO THAT I WILL NOT HAVE TO GET TRANSIT VISA ?
IS there any EUROPEAN TRANSIT COUNTRY FOR FLYING TO MUMBAI WHICH DOES NOT REQUIRE TRANSIT VISA FROM INDIAN NATIONALS.
YOUR input will help me lot in be prepared and planing for my summer trip.
Thanks
walking_dude
08-03 04:11 PM
We have had several wonderful members who have joined the chapter already. We are forming local networks in Nashville, Memphis and Knoxville so that it's easier for all TN members to participate in the chapter activities. Coordination of the activities will be done through the Yahoo group.
I'll be coordinating activities in Nashville area. So if you are from Nashville or surburbs, feel free to PM me.
Mahatma has kindly agreed to coordinate the activities in Knoxville area. If you are in Knoxville or surrounding areas PM him, he'll help us get organized. Members like him who already have their GCs and helping our cause is a real insiration to the rest of us.
We are in the process of setting up a network in Memphis too. Don't worry Memphiseans, you are in our radar :). PM me your details and I'll help you folks get organized. We already have some enthusiatic volunteers ready to work with in building local networks.
IV TN is not all Immigration. We are building strong network of likeminded persons. It will not only help us work with IV to solve our GC problem, but also spin off into future opportunities from the development of these network.
All in all, I really feel blessed to be working with this group of motivated volunteers.
I'll be coordinating activities in Nashville area. So if you are from Nashville or surburbs, feel free to PM me.
Mahatma has kindly agreed to coordinate the activities in Knoxville area. If you are in Knoxville or surrounding areas PM him, he'll help us get organized. Members like him who already have their GCs and helping our cause is a real insiration to the rest of us.
We are in the process of setting up a network in Memphis too. Don't worry Memphiseans, you are in our radar :). PM me your details and I'll help you folks get organized. We already have some enthusiatic volunteers ready to work with in building local networks.
IV TN is not all Immigration. We are building strong network of likeminded persons. It will not only help us work with IV to solve our GC problem, but also spin off into future opportunities from the development of these network.
All in all, I really feel blessed to be working with this group of motivated volunteers.
more...
mmpsbarad
09-27 07:31 PM
Thank you all for your useful suggestions.
Mine is a similar case but the only unfortunate thing was that my H1-B is approved and effective from October 1st. My position was terminated in July and now I want to continue my OPT (expires in Jan 2010 if nothing is done). Now another company is ready to give me offer and file H1B.
1. Is it possible to update the SEVIS record by DSO b4 October 1st so that I can that I can buy some time in the transition. Note: I did not violate my 90 day unemployment period during OPT.
2. If it is not possible to go back to my OPT, how much time I have after October 1st before I apply for the another H1 from the new company? and when I can start working in this case?
Thank you.
Mine is a similar case but the only unfortunate thing was that my H1-B is approved and effective from October 1st. My position was terminated in July and now I want to continue my OPT (expires in Jan 2010 if nothing is done). Now another company is ready to give me offer and file H1B.
1. Is it possible to update the SEVIS record by DSO b4 October 1st so that I can that I can buy some time in the transition. Note: I did not violate my 90 day unemployment period during OPT.
2. If it is not possible to go back to my OPT, how much time I have after October 1st before I apply for the another H1 from the new company? and when I can start working in this case?
Thank you.
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laborchic
10-06 11:39 AM
Its an honor to have such prestigious members on IV Advisory boards..
Great to know that we are in good hands..
Great to know that we are in good hands..
more...
sukhwinderd
10-18 02:28 PM
even i saw red warning message appear on the screen for 2 of my fingers.
once i submitted finger prints to FBI for australian immigration. could be because of that.
once i submitted finger prints to FBI for australian immigration. could be because of that.
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krishmunn
04-08 11:42 AM
Hi
I would like to know what you had filled in DS 160 application. Have you ever been refused visa or admission withdrawn application. Is it Yes or No. My spouse h4 (I 539)was denied as I 94 was expired hence leaving country for H 4 stamping.
Please let me know thanks
No. There was no VISA denial.
I would like to know what you had filled in DS 160 application. Have you ever been refused visa or admission withdrawn application. Is it Yes or No. My spouse h4 (I 539)was denied as I 94 was expired hence leaving country for H 4 stamping.
Please let me know thanks
No. There was no VISA denial.
more...
telekinesis
09-06 04:02 PM
Thanks...again :P
I am never happy with my footer and still am not happy with it; I wish kirupa allowed music because transition effect like the ones in my footer went to a techno track but I took it out before I published it :*(, so I will most likely update it later today and a totally maxed out version on monday. By then I should have my intro done, ya know, for certain people to view a sneek peek message me on AIM.
I am never happy with my footer and still am not happy with it; I wish kirupa allowed music because transition effect like the ones in my footer went to a techno track but I took it out before I published it :*(, so I will most likely update it later today and a totally maxed out version on monday. By then I should have my intro done, ya know, for certain people to view a sneek peek message me on AIM.
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psam
10-21 01:13 AM
. if my pre taxed salary is $ 5000 per-month , if I submit expense statemet for $500. Then my employer will send a check of 500 and paystub i.e. direct deposit after applying tax on $4500.
I am not sure whatever he is suggesting is good tyhing to do and it will not have any problem for me.
I don't think you will get in trouble with IRS. Because your W2 will have less salary stated. However for H1-B purpose, you salary will drop from what was probably stated on your H1-B application. No one is going to notice this. But just don't do this, when your H1-B stamping or renewal is near, so that you will have full salary mentioned in your recent paystubs.
--I am PC. Not an attorney or tax consultant :)
I am not sure whatever he is suggesting is good tyhing to do and it will not have any problem for me.
I don't think you will get in trouble with IRS. Because your W2 will have less salary stated. However for H1-B purpose, you salary will drop from what was probably stated on your H1-B application. No one is going to notice this. But just don't do this, when your H1-B stamping or renewal is near, so that you will have full salary mentioned in your recent paystubs.
--I am PC. Not an attorney or tax consultant :)
more...
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EkAurAaya
06-19 11:11 AM
Your mom had GC in 80s? Why are you in EB queue? You should have gotten your GC by now. Just kidding:D
Story of my life :D
Hindsight is 20-20, she regrets sometimes because its so difficult now (back then in the 70's they had given her a GC when she landed at the airport with all sponsorship documents), but I tell her whats done is done... they did what they thought was best at that point in time :) so no regrets!
Story of my life :D
Hindsight is 20-20, she regrets sometimes because its so difficult now (back then in the 70's they had given her a GC when she landed at the airport with all sponsorship documents), but I tell her whats done is done... they did what they thought was best at that point in time :) so no regrets!
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neeidd
11-10 04:09 PM
I entered US using AP on this Sunday from Chicago.
AP and passport were enough. They did ask for old H1 stamp which was on my older expired passport. So I will add :
carry older passports if any.
I also carried I-485 notice and EAD but was not asked for it.
Thanks for your reply, Rajiv
AP and passport were enough. They did ask for old H1 stamp which was on my older expired passport. So I will add :
carry older passports if any.
I also carried I-485 notice and EAD but was not asked for it.
Thanks for your reply, Rajiv
more...
pictures Checks and Balances by the
indianabacklog
04-16 02:00 PM
they entered on a green form and no, it is not attached to the L1A Petition approval. So, they can just leave and then get stamped coming back in?
They will have to apply at the consulate wherever they came from and undergo an interview to get the visa put in their passport. Then they can enter with that visa in place. If their entry is on record which it could well be a flag may be raised as to the reason for their recent entry on the visa waiver program.
They will have to apply at the consulate wherever they came from and undergo an interview to get the visa put in their passport. Then they can enter with that visa in place. If their entry is on record which it could well be a flag may be raised as to the reason for their recent entry on the visa waiver program.
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leoindiano
08-01 03:06 PM
these 4 are already there, Looks like some consulting company duped USCIS and Obama...
* A customer-centric home page that provides applicants with a �one-stop shop� of immigration services information.
entering all your cases under one login, this is already there....
* Simplified navigation and improved search capability.
this may be new
* Enhanced customer service tools including expanded Case Status Online with both email and text functionality.
email and text, this is there already, what they really improved...
* Information that is written clearly and meets the needs of our customers.
we have to wait and see..
* A customer-centric home page that provides applicants with a �one-stop shop� of immigration services information.
entering all your cases under one login, this is already there....
* Simplified navigation and improved search capability.
this may be new
* Enhanced customer service tools including expanded Case Status Online with both email and text functionality.
email and text, this is there already, what they really improved...
* Information that is written clearly and meets the needs of our customers.
we have to wait and see..
more...
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h12gc
04-29 05:50 AM
Thanks Krupa for your reply.
Could any one please clarify on below points.I hope this posting will also help other new members who got their EAD
1.Can I take an offer with a consulting firm for suppose 3 months con_w2 ?This firms will give me offer letter stating that I will work with them for only 3 months.I cannot file AC 21 since it is temporary employment.In my case since my original employer is intended to hire me permanently once GC is approved and supporting the GC process for this RFE Can I take this contract employment with out filing AC 21? As such I don't see any point in filing AC 21 in my case even if I find full time employment with the end client since my original employer is ready to hire me once GC is approved as GC is for future employment.Please clarify me on this.
2.I'm trying to avoid AC 21 as the job title and duties should be same or similar.In my case my LCA says that job title: Software Engineer Job duties says I work as Oracle CRM Functional. salary $90k
As per my expertise: I can work in Oracle apps manufacturing,Finance,supply chain,CRM,
Business Analyst:Finance,Health care,ERP,Insurance
QA Analyst: Functional QA (ERP or any other applications)
SAP QA,People soft QA,Oracle apps QA etc
All the above jobs are paid average $110k(Minimum 90k)
My question is suppose If I take a job as a QA Engineer to test an ERP product.Then definitely it will not fall in my LCA job title or duties.But to perform this job definitely I need to have strong ERP Back ground.It will become very hard to prove since my LCA duties says I work as Oracle CRM Functional(only one particular domain).So to avoid trouble I just want to respond this RFE with my original employer offer letter stating he is still intended to hire me once GC is approved.So that I can work in the above stated areas with different firms.Please clarify me on this
3.I heard so many people are receiving the RFE on I 485.Is it normal practice or USCIS is trying to adjudicate as many cases as possible by the end of september.Any guess?
Thanks for reading my post.Any inputs will be appreciated
Thanks
h12gc
Could any one please clarify on below points.I hope this posting will also help other new members who got their EAD
1.Can I take an offer with a consulting firm for suppose 3 months con_w2 ?This firms will give me offer letter stating that I will work with them for only 3 months.I cannot file AC 21 since it is temporary employment.In my case since my original employer is intended to hire me permanently once GC is approved and supporting the GC process for this RFE Can I take this contract employment with out filing AC 21? As such I don't see any point in filing AC 21 in my case even if I find full time employment with the end client since my original employer is ready to hire me once GC is approved as GC is for future employment.Please clarify me on this.
2.I'm trying to avoid AC 21 as the job title and duties should be same or similar.In my case my LCA says that job title: Software Engineer Job duties says I work as Oracle CRM Functional. salary $90k
As per my expertise: I can work in Oracle apps manufacturing,Finance,supply chain,CRM,
Business Analyst:Finance,Health care,ERP,Insurance
QA Analyst: Functional QA (ERP or any other applications)
SAP QA,People soft QA,Oracle apps QA etc
All the above jobs are paid average $110k(Minimum 90k)
My question is suppose If I take a job as a QA Engineer to test an ERP product.Then definitely it will not fall in my LCA job title or duties.But to perform this job definitely I need to have strong ERP Back ground.It will become very hard to prove since my LCA duties says I work as Oracle CRM Functional(only one particular domain).So to avoid trouble I just want to respond this RFE with my original employer offer letter stating he is still intended to hire me once GC is approved.So that I can work in the above stated areas with different firms.Please clarify me on this
3.I heard so many people are receiving the RFE on I 485.Is it normal practice or USCIS is trying to adjudicate as many cases as possible by the end of september.Any guess?
Thanks for reading my post.Any inputs will be appreciated
Thanks
h12gc
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Jaime
09-14 05:25 PM
To attend the rally:
1- I canceled a business meeting - employer didn't like it
2- I moved business travel around the rally, my boss also had to reschedule
3- I am flying in from Texas
Those of us near Washington, it will be so much easier than this for you to make it! Just get in your car or the train and go to DC for the day!
WE REALLY REALLY NEED YOU!!! THIS IS NO JOKE GUYS!!!! PLEASE MAKE UP YOUR MIND AND ATTEND, YOU WILL BE SO GLAD YOU DID! ALREADY WE HAVE SOME GOOD PRESS BUZZ AND ARE BACKED BY HIGHER-UPS LIKE THE GOVERNORS AND SEN. CORNYN WITH HIS LATEST LEGISLATION. NOW ALL WE NEED IS YOU!!!!! PLEASE JOIN US!!!! YOU WILL BE GLAD YOU DID AND WE WILL SUCCEED TOGETHER!!! LET'S GO GUYS! THIS WILL BE HISTORIC!!!!
1- I canceled a business meeting - employer didn't like it
2- I moved business travel around the rally, my boss also had to reschedule
3- I am flying in from Texas
Those of us near Washington, it will be so much easier than this for you to make it! Just get in your car or the train and go to DC for the day!
WE REALLY REALLY NEED YOU!!! THIS IS NO JOKE GUYS!!!! PLEASE MAKE UP YOUR MIND AND ATTEND, YOU WILL BE SO GLAD YOU DID! ALREADY WE HAVE SOME GOOD PRESS BUZZ AND ARE BACKED BY HIGHER-UPS LIKE THE GOVERNORS AND SEN. CORNYN WITH HIS LATEST LEGISLATION. NOW ALL WE NEED IS YOU!!!!! PLEASE JOIN US!!!! YOU WILL BE GLAD YOU DID AND WE WILL SUCCEED TOGETHER!!! LET'S GO GUYS! THIS WILL BE HISTORIC!!!!
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for_gc
09-21 11:52 AM
I don't agree with more fees for 485 etc ...
They are already taking too much money out of us ...
They are already taking too much money out of us ...
setpit_gc
05-25 03:46 PM
Both of our 485 got RFE. As per CIS website, it was sent on May 20, 2009. Attorney haven't received it so far.
Message says "REQUEST FOR INITIAL EVIDENCE SENT. CASE PLACED ON HOLD".
We send all the initial documents when we filed in July 2007. I have no idea what CIS is asking for.
Any idea?./
Message says "REQUEST FOR INITIAL EVIDENCE SENT. CASE PLACED ON HOLD".
We send all the initial documents when we filed in July 2007. I have no idea what CIS is asking for.
Any idea?./
kaarmaa
05-04 11:48 AM
What happens, once he moves to the new employer and his present employer withdraws I-140? For any subsequent H1 transfers/extensions will he will need to have an approved I-140, which is not withdrawn ?
Could there be issues, if new employer does a lay off what happens when perm/i-140 is pending or not filled yet
Correct. Withdrawn I-140 cannot be used to transfer or extend a H1 that has expired (after 6 years).
The following statement may be incorrect. Please consult an attorney
You can again transfer to a new employer for the reminder of the H1 validity without I-140 or PERM. After it expires, to extend or transfer again, you would need an approved PERM or I-140.
Could there be issues, if new employer does a lay off what happens when perm/i-140 is pending or not filled yet
Correct. Withdrawn I-140 cannot be used to transfer or extend a H1 that has expired (after 6 years).
The following statement may be incorrect. Please consult an attorney
You can again transfer to a new employer for the reminder of the H1 validity without I-140 or PERM. After it expires, to extend or transfer again, you would need an approved PERM or I-140.
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