number30
10-05 09:26 AM
I currently work for a leading film company in the US and hold a senior position under a O1 non-immigrant visa. Last year I applied for my GC under EB3, which was the choice made by my company . My priority date is Jan 2008 and I recently had my I140 approved. However, I have heard that given my work history and experience, I may possibly qualify as EB1 if I did not apply through company sponsorship. My question is, can I simply cancel my current application and re-apply myself under EB1 using my own lawyer? I am really hoping that I can change this category as the EB3 situation seems to be completely ridiculous.
Thanks!
You do not need to Cancel EB3. You can apply in EB1 separately. They are totally independent.
Thanks!
You do not need to Cancel EB3. You can apply in EB1 separately. They are totally independent.
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singhsa3
04-24 08:34 AM
What was your I-485 receipt date (Note: I am not asking for your PD)
Guys,
I don't know if here is right place to post this or not. I responded to RFE about 30 days ago and got an email update that TSC has got my response and the case processing is resumed. That was 485 and TB skin test that I had to do again.
Anyone has any idea what is normal time after response to RFE? I am EB3 with PD of Oct, 2003.
Do you recemmend me to call service center or go for infopass?
Thanks.
Guys,
I don't know if here is right place to post this or not. I responded to RFE about 30 days ago and got an email update that TSC has got my response and the case processing is resumed. That was 485 and TB skin test that I had to do again.
Anyone has any idea what is normal time after response to RFE? I am EB3 with PD of Oct, 2003.
Do you recemmend me to call service center or go for infopass?
Thanks.
sagi9
01-12 06:30 PM
Whichever petition is latter is valid.
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unsanjana
10-05 05:17 PM
Please provide your answers. It is very urgent...
I would really appreciate your answer.
I have two question regarding my h4 visa appointment. My husband has Pay stubs (June to Aug)from Company A.And his company B pay stub is from Sep 10th,2007 to till date. When he was switching from Company A to company B, he got 15 days gap. He didn't has pay stub for those number days.
Is Chennai consulate particular about those dates and ask for pay stub in between those dates. Please advice me.
2) My husband lawyer forget to apply my H4 extension. Unknowingly I over stayed in US for one and half month. We talked with lawyer. she told that she applied for H4 extension before, but US CIS over looked that file. So she filled again. That H4 approval is still pending. In the safe side I left US. I tried to left US immediately, but I wasn't able to get flight ticket.
By Showing that receipt in Chennai consulate, Could I get H4 visa stamping.
Thanks
Sanju
I would really appreciate your answer.
I have two question regarding my h4 visa appointment. My husband has Pay stubs (June to Aug)from Company A.And his company B pay stub is from Sep 10th,2007 to till date. When he was switching from Company A to company B, he got 15 days gap. He didn't has pay stub for those number days.
Is Chennai consulate particular about those dates and ask for pay stub in between those dates. Please advice me.
2) My husband lawyer forget to apply my H4 extension. Unknowingly I over stayed in US for one and half month. We talked with lawyer. she told that she applied for H4 extension before, but US CIS over looked that file. So she filled again. That H4 approval is still pending. In the safe side I left US. I tried to left US immediately, but I wasn't able to get flight ticket.
By Showing that receipt in Chennai consulate, Could I get H4 visa stamping.
Thanks
Sanju
more...
milind70
09-28 03:16 PM
Hi all,
Please let me know what could be the problem. On Apr25, my status changed to Case Received and Pending. Last Updated Date is 05/18.
When i contacted my employer, he says my petition is approved. But still when i find the status online, it's not reflected.
What could be the problem?
Any thoughts would be highly aprpeciated.
Thanks,
Santhosh
Looks like most probably a glitch in the USCIS online system.Many members have posted the problem you posted above
Please let me know what could be the problem. On Apr25, my status changed to Case Received and Pending. Last Updated Date is 05/18.
When i contacted my employer, he says my petition is approved. But still when i find the status online, it's not reflected.
What could be the problem?
Any thoughts would be highly aprpeciated.
Thanks,
Santhosh
Looks like most probably a glitch in the USCIS online system.Many members have posted the problem you posted above
sunofeast_gc
09-24 06:33 PM
I got my Finger Printing notice today and I was comparing it with the 485 receipt. The 485 receipt had A# as A9xxxxxxx ( A with 8 digits) as the receipt number while the FP notice had A09xxxxxxx as the number.
The FP notice has a "0" after the "A" and the 485 notice does not have that 0. All the digits are the same but for the 0. Any one has it similar. do i need to worry abt it? any suggestions? You think i need to get it corrected?
-Ajaygc
485 received July 27, 07
485 Receipt date - Aug 27, 07
FP issued - Sep 18, 07
Many people including me too had same issue, don't need to worry....
The FP notice has a "0" after the "A" and the 485 notice does not have that 0. All the digits are the same but for the 0. Any one has it similar. do i need to worry abt it? any suggestions? You think i need to get it corrected?
-Ajaygc
485 received July 27, 07
485 Receipt date - Aug 27, 07
FP issued - Sep 18, 07
Many people including me too had same issue, don't need to worry....
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paddy.
01-29 02:53 PM
In the near future when I get some clients I'll be looking for a good coder I can contract to do any intermediate to advanced ActionScripting and other coding work. I'll keep you in mind.
Paddy :)
Paddy :)
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cr125rider
04-16 01:26 AM
We are all nerds here, I guess these are just things we like. I am just making crap.
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siddar
09-21 10:56 AM
Your lawyer is very much on the point, H1B is valid only with the Job. Either H1B COS or H1B stamp outside US, you should have the Job offer in Hand, to be on H1B status.
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JakeJapan
01-24 12:26 PM
Returning to the US after living abroad for 9 years and need to know what is the best process for my wife to re-apply for green card.
History:
My wife and I have been married for 20 years, own a home in the US and have one child who holds a US passport. While living in the US my wife held a Green Card. However, when we moved she surrendered the card. Now we are returning to the US and she need to get the Green Card once again. Does she need to apply as if this is the first time or is there an application or process for previous residents or Green Card holders?
Thank you for any and all help you can provide.
cheers,
Jake
History:
My wife and I have been married for 20 years, own a home in the US and have one child who holds a US passport. While living in the US my wife held a Green Card. However, when we moved she surrendered the card. Now we are returning to the US and she need to get the Green Card once again. Does she need to apply as if this is the first time or is there an application or process for previous residents or Green Card holders?
Thank you for any and all help you can provide.
cheers,
Jake
more...
sammywammy
04-27 10:24 PM
The lawyers did some mixup/goofup and I lost my June 2002 PD. Here is the sequence of events.
Original Labor (Labor1)
PD: June 2002
Category: EB3 (incorrectly filed at that time by lawyers)
State: CA
We didn’t hear about the whereabouts of my labor1 case because it was sent to the Backlog Processing center (all cases after May 2002 were sent)
So the lawyers suggested filing a new labor under PERM.
Second Labor (Labor2)
PD: Oct 2005
Category: EB2
Approved: in December 2005
Second I140
Approved: in December 2005/Early 2006
Received Original Labor Approval in end of Dec 2006
The lawyers decided to combine the 2 cases and file for I-485.
i.e. use the ORIGINAL Labor PD and SECOND Labor EB2.
In April 2007, 485 application was open for “EB2” – “June 2002”.
So the lawyers filed for concurrent I-485 and I-140 for the ORIGINAL EB3 case (they submitted Second Approved EB2 I-140 along with it)
ORIGINAL I-140 was approved in Oct 2007
PLEASE NOTE: the unique situation is that the SECOND I140 was approved before the ORIGINAL I140.
Since April, 2007 - We were told by my company lawyers that the 485 is under process EB2 PD June 2002.
The GC Visa number have been available for EB2 PD June 2002 for a long time now.
But we still hadn’t received our Greencard for a long time and were wondering what is causing this delay.
So after much ado by our lawyers, they agreed to check with USCIS.
Because the Second I140 was approved before the First I1-40, USCIS said that we cannot use old PD
According to our lawyers, Now our current case status is “supposedly” OCT 2005 EB2. So we lost the June 2002 PD.
Is there anyway to recapture the old PD? (with or without refilling I-485)
Any suggestions,help or insight will be greatly appreciated.
Thanks and Regards
Sam
Original Labor (Labor1)
PD: June 2002
Category: EB3 (incorrectly filed at that time by lawyers)
State: CA
We didn’t hear about the whereabouts of my labor1 case because it was sent to the Backlog Processing center (all cases after May 2002 were sent)
So the lawyers suggested filing a new labor under PERM.
Second Labor (Labor2)
PD: Oct 2005
Category: EB2
Approved: in December 2005
Second I140
Approved: in December 2005/Early 2006
Received Original Labor Approval in end of Dec 2006
The lawyers decided to combine the 2 cases and file for I-485.
i.e. use the ORIGINAL Labor PD and SECOND Labor EB2.
In April 2007, 485 application was open for “EB2” – “June 2002”.
So the lawyers filed for concurrent I-485 and I-140 for the ORIGINAL EB3 case (they submitted Second Approved EB2 I-140 along with it)
ORIGINAL I-140 was approved in Oct 2007
PLEASE NOTE: the unique situation is that the SECOND I140 was approved before the ORIGINAL I140.
Since April, 2007 - We were told by my company lawyers that the 485 is under process EB2 PD June 2002.
The GC Visa number have been available for EB2 PD June 2002 for a long time now.
But we still hadn’t received our Greencard for a long time and were wondering what is causing this delay.
So after much ado by our lawyers, they agreed to check with USCIS.
Because the Second I140 was approved before the First I1-40, USCIS said that we cannot use old PD
According to our lawyers, Now our current case status is “supposedly” OCT 2005 EB2. So we lost the June 2002 PD.
Is there anyway to recapture the old PD? (with or without refilling I-485)
Any suggestions,help or insight will be greatly appreciated.
Thanks and Regards
Sam
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maheshf
10-06 11:01 AM
Bump
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narentilwani
04-12 01:36 PM
My current situation with Company A is:
1) I-140 approved in August 2008 (total > 180 days)
2) I-485 pending since July 2007 (USCIS receipt date of September 29 2007)
3) EAD valid till October 2010
4) H1-B valid till October 2010
5) PD: Feb 2007
Company A is in talks with company B for takeover of the division I am working in.
I have a offer in hand with company C. They have filed for ETA 9035 and if i understand it right, i have to use AC21 portability now
What I need to confirm is:
1. Takeover of company A's division by company B, will it affect my GC process? What can cause issues here?
2. If i stick with company A, it should be good for now, but maybe some layoffs after merger. Whats the best thing to do to maintain my GC process?
Please let me know as my join date for company C is next week
1) I-140 approved in August 2008 (total > 180 days)
2) I-485 pending since July 2007 (USCIS receipt date of September 29 2007)
3) EAD valid till October 2010
4) H1-B valid till October 2010
5) PD: Feb 2007
Company A is in talks with company B for takeover of the division I am working in.
I have a offer in hand with company C. They have filed for ETA 9035 and if i understand it right, i have to use AC21 portability now
What I need to confirm is:
1. Takeover of company A's division by company B, will it affect my GC process? What can cause issues here?
2. If i stick with company A, it should be good for now, but maybe some layoffs after merger. Whats the best thing to do to maintain my GC process?
Please let me know as my join date for company C is next week
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go_getter007
12-12 08:15 PM
Simply going by the voting standpoint, I think between now and 08 elections, politicians will have little incentive do anything about our case (i.e., legal immigration) realistically. I'm not sure whether we represent a % of voter population that's high enough for them to place our case on their priority list. Moreover, giving us GC now will probably benefit them (in terms of votes) at least after 5.5 years once the GC holders are citizens and hence able to vote.
Just my thought for what its worth.
GG_007
Just my thought for what its worth.
GG_007
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vban2007
04-23 10:34 AM
Pls Reply
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Tommy_S
04-10 07:33 AM
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raghosal
05-07 03:30 PM
Hi,
Wanted to know if there is any limitation on H4B visa date for coming in to US. My wife's H4B visa ends on Sep28 2009, she will travel and will be back on 28th Aug 2009. Is there any problem since its only 1 month from expiry.
In the meantime I will apply for an H1b extension.
Please reply
Regards,
Wanted to know if there is any limitation on H4B visa date for coming in to US. My wife's H4B visa ends on Sep28 2009, she will travel and will be back on 28th Aug 2009. Is there any problem since its only 1 month from expiry.
In the meantime I will apply for an H1b extension.
Please reply
Regards,
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arlysanb
02-15 08:58 PM
My application for an H1B change of status has been denied. I am an F-1 student from Colombia and I was offered a job from THe CDC at Atlanta. According with the USCIS report, the petition was denied because I am going to be hired for a staffing company and not directly for the CDC. It will be possible to appeal the desicion ? If yes, what will my sponsor company need to be succesful with this appealing ?
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chanduv23
09-30 10:33 PM
Unfortunately , it is true. I personally know a friend whose I-485 was denied even without issuing any NOID or RFE. Reason, well its very obvious, the underlying I-140 was revoked, even though it was past 180 days. By law, your supposed to get NOID or RFE. but some IOs are ignorant and do not know the AC21 laws properly. So they issue straight denial. The number of cases are few because not many companies revoke I-140 past 180 days. But few companies do and some have to do it. So in these situation yes, chances are that you will get a straight denial and that is why there is thread to lobby efforts to raise some concerns to Ombudsman about these erroneous denials.
The intensity of denials is on rise now and also intensity of 140 withdrawals from ex employers is on rise.
The intensity of denials is on rise now and also intensity of 140 withdrawals from ex employers is on rise.
kaisersose
04-16 04:58 PM
RFE - Request for evidence
Thanks. But my question was what the RFE was? What is the evidence requested by CIS?
Thanks. But my question was what the RFE was? What is the evidence requested by CIS?
nixstor
06-29 11:05 PM
Fresh off the death of S 1639, No one on the Hill wants to talk about immigration related bills
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