indyanguy
08-08 06:55 PM
Does this logic hold good for i-140 processing as well? My 140 went through the NSC-CSC-NSC route and I really hope it's processed based on NSC timelines!!
Edit: Wait a minute, 140 times are not even listed in CSC processing times (https://egov.uscis.gov/cris/jsps/Processtimes.jsp?SeviceCenter=CSC)
Edit: Wait a minute, 140 times are not even listed in CSC processing times (https://egov.uscis.gov/cris/jsps/Processtimes.jsp?SeviceCenter=CSC)
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bsbawa10
05-31 09:13 PM
One of my cousin works in oracle and he has mentioned to me that oracle is not filing in EB2 category (they used to file before), not sure is it for every one or depends on team to team or person to person.
I would advice you better check in advance as soon as you have job confirmation
Thanks letstalklc, can you please confirm from your cousin if it is a blanket policy ? i.e. they will not file in eb2 at all ?
I would advice you better check in advance as soon as you have job confirmation
Thanks letstalklc, can you please confirm from your cousin if it is a blanket policy ? i.e. they will not file in eb2 at all ?
indianabacklog
06-25 11:35 AM
Had to pay all fees myself. Filed myself so no lawyer fees.
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alterego
07-12 07:25 PM
Consult with you lawyer about this one.
However I think that you can substitute the underlying 140 to the EB2 petition with the earlier priority date and hence make your 485 approvable. You are entitled to the better PD and category. You do however need to work with the petitioning employer, which based on your approval could end up being the Eb2 petition employer.
The suggestion to file AOS for the other one is also a good idea, since your EB2 140 PD is almost certain to stay current for some time, You might very well be able to get your green card through CP within a few months.
This would be a good question to post on the lawyer thread on the home page.
However I think that you can substitute the underlying 140 to the EB2 petition with the earlier priority date and hence make your 485 approvable. You are entitled to the better PD and category. You do however need to work with the petitioning employer, which based on your approval could end up being the Eb2 petition employer.
The suggestion to file AOS for the other one is also a good idea, since your EB2 140 PD is almost certain to stay current for some time, You might very well be able to get your green card through CP within a few months.
This would be a good question to post on the lawyer thread on the home page.
more...
Ramba
04-09 06:08 PM
Here is my situation:
I was on H-1 B status with my former employer then I changed jobs using AC 21 and I am currently working on EAD with my new employer. I didn't transfer my H-1b from former employer to new employer since I have EAD. I still have H-1b visa stamp on my passport that will not expire until end of 2010. I am planning to go home to visit my family during the summer for 2 weeks. my question is : do i need to apply for travel document to be able to come back or can I just use the H-1B stamp on my passport even tough I am not with my green card sponsoring employer anymore??
Please advise. Thank you in advance.
You can enter with previous company H1 visa, only if you are maitaining that status (H1) with new company. As you are currenty working on EAD with other emplyer, the previous H1B visa has no use. You need AP to enter, as you are in pure AOS.
However, you can enter in H1B visa, only if you are going to work for the previous comapany upon arrival to USA (provided thay have not cancelled the H1, and still they have job offer to you upon arrival). If you do so, your 485 will get abonded, as you travelled without parloe when you are in AOS. If you want to protect 485, you must get AP before leaving. H1B visa will be usefull, only if you maintain H1 status just before leaving US and resumes H1 after arrival.
I was on H-1 B status with my former employer then I changed jobs using AC 21 and I am currently working on EAD with my new employer. I didn't transfer my H-1b from former employer to new employer since I have EAD. I still have H-1b visa stamp on my passport that will not expire until end of 2010. I am planning to go home to visit my family during the summer for 2 weeks. my question is : do i need to apply for travel document to be able to come back or can I just use the H-1B stamp on my passport even tough I am not with my green card sponsoring employer anymore??
Please advise. Thank you in advance.
You can enter with previous company H1 visa, only if you are maitaining that status (H1) with new company. As you are currenty working on EAD with other emplyer, the previous H1B visa has no use. You need AP to enter, as you are in pure AOS.
However, you can enter in H1B visa, only if you are going to work for the previous comapany upon arrival to USA (provided thay have not cancelled the H1, and still they have job offer to you upon arrival). If you do so, your 485 will get abonded, as you travelled without parloe when you are in AOS. If you want to protect 485, you must get AP before leaving. H1B visa will be usefull, only if you maintain H1 status just before leaving US and resumes H1 after arrival.
fittan
07-13 12:17 PM
Just joined this board 30 minutes ago. I've signed and sent this petition.
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Munna Bhai
01-23 08:09 AM
Lage Raho...We will Win. Thank you core-team.
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snathan
07-20 08:01 PM
Most of these case I have heard have got H4 visa without any issues. You will do OK. Go for stamping.
Dont give misleading information. If you are in H1B for three years without pay stub, its a serious issue.
Dont give misleading information. If you are in H1B for three years without pay stub, its a serious issue.
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snathan
04-25 11:26 AM
yawn
Keep yawning....
Keep yawning....
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masti_Gai
02-15 09:15 AM
:confused:
why would someone having a GC want a H1 i don't understand. If her hubby is a GC holder obviously she might also be a GC holder. She has rights to work anywhere and for anyone in US.
If she is still in the process of gettin her GC then she might want to go in for H1 as it takes nearly 2 to 3 yrs for a spouse to get GC if she or he didn't apply during AOS
why would someone having a GC want a H1 i don't understand. If her hubby is a GC holder obviously she might also be a GC holder. She has rights to work anywhere and for anyone in US.
If she is still in the process of gettin her GC then she might want to go in for H1 as it takes nearly 2 to 3 yrs for a spouse to get GC if she or he didn't apply during AOS
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psaxena
09-01 10:42 AM
was it EB2 or EB3
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sri@180
02-08 08:12 AM
Who are comming from USA ,did have particular consulate to attend.
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hoolahoous
04-07 10:57 PM
I depends on you, how much risk you want to take ... I can tell what happened with me ....
Initially, I was working of a small consulting company and left them after few months. Although, there was nothing in the contract prohibiting me from doing this. But they filled a lawsuit against me for all fake things. I had to hire an attorney to defend myself, who was quite expensive. In end, I was forced to settle after paying like 10K, cost of lawsuit would have been huge. BTW, I did consult an attorney before leaving and there was nothing I did, which was not legal. But ultimately it just didn't make a sense to continue fighting it and spending 15-20K in attorney fees.
I do not intend to scare you or suggest if you should go ahead or not. Just that make sure you cover yourself
sounds fishy.. if there was nothing wrong from your side, you could have won and claimed all legal fee from your x employer
Initially, I was working of a small consulting company and left them after few months. Although, there was nothing in the contract prohibiting me from doing this. But they filled a lawsuit against me for all fake things. I had to hire an attorney to defend myself, who was quite expensive. In end, I was forced to settle after paying like 10K, cost of lawsuit would have been huge. BTW, I did consult an attorney before leaving and there was nothing I did, which was not legal. But ultimately it just didn't make a sense to continue fighting it and spending 15-20K in attorney fees.
I do not intend to scare you or suggest if you should go ahead or not. Just that make sure you cover yourself
sounds fishy.. if there was nothing wrong from your side, you could have won and claimed all legal fee from your x employer
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iptel
11-17 04:41 PM
Guys.. It has to pass through the house still..
It already passed house. No new Bill is discussed in Lame Duck Sesion.
It already passed house. No new Bill is discussed in Lame Duck Sesion.
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furiouspride
04-24 08:01 PM
Contact an attorney mister. Duh?
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snathan
04-28 05:40 PM
Until you know the reason for denial, its difficult to give any opinion. If you know the chances are very low if you are going for appeal, I would still advise you for that to get some time.
1. When your appeal is pending you can use the approved PERM to get your H1B if you are beyond 6 years.
2. If your I-140 is denied, it will trigger the I-485 denial.
3. If your I-485 is denied, the EAD is become invalid. Then I am not sure about the AP status.
I am not sure but think you can use EAD if you go for appeal...
So its always good to have H1B as back up for EAD and AP. At least you will be in status.
1. When your appeal is pending you can use the approved PERM to get your H1B if you are beyond 6 years.
2. If your I-140 is denied, it will trigger the I-485 denial.
3. If your I-485 is denied, the EAD is become invalid. Then I am not sure about the AP status.
I am not sure but think you can use EAD if you go for appeal...
So its always good to have H1B as back up for EAD and AP. At least you will be in status.
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randomdude
04-20 09:58 PM
A friend of mine works for a non-profit and has always been with only one employer (employer A) . He had been on H1 for three years and then used his AC21/EAD card for a year now (again employer A - just wanted to save money by using EAD card instead of applying for H1 again). Can he reapply for an H1 again (same employer A again - no caps apply as this is a non-profit) or is it that once one uses an EAD card, H1 is given up forever?
Thanks in advance
Thanks in advance
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pcs
03-26 09:38 AM
IV guys have don e great job & the strato is good. My suggestion for fund genenration.... Send one mass mail every month & ask for a small amount of cheque. Let us see how many of us send a small cheques of say $20. We should collect $20K in one shot.
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RamBihari
02-16 03:59 PM
If each state in India were a country
There would have been no backlog.
Disagree. Andhra Pradesh would still have a long backlog.
There would have been no backlog.
Disagree. Andhra Pradesh would still have a long backlog.
sagar_nyc
04-02 05:17 PM
yes , I 140 they will ask details about employer only
Hi Chapsi29,
Do not get panic, there is no hard and fast rule that they will ask for RFE in ur case. Say if they come up with RFE they will ask ur employer to support with financial status as 140 is employer based, some time they approve ur 140 with out any hassle, so best of luck. Keep ur fingures crossed.
RK
Hi Chapsi29,
Do not get panic, there is no hard and fast rule that they will ask for RFE in ur case. Say if they come up with RFE they will ask ur employer to support with financial status as 140 is employer based, some time they approve ur 140 with out any hassle, so best of luck. Keep ur fingures crossed.
RK
go_guy123
08-18 12:51 PM
Well if it is clearly mentioned in the offer letter that Employer will cover the GC cost, then isnt the employer supposed to pay for it irrespective of when the labor was filed. It was filed in 2006.
Btw, i am on AOS if that is what was meant from my legal status..
Thanks for all the responses to my thread so far..
WH-4 Form is meant for complaining against employer.
Please search this forum as I had posted this before a couple of times. Dont worry, DOL/USCIS is going gangbusters
after H1B employers. You first threaten sending the link to your employer. Often that works. If they dont budge then
file the WH-4. Unfortunately WH-4 may wreck the H1B petitions/extension of other employees working for that
company(bodyshopper).
Btw, i am on AOS if that is what was meant from my legal status..
Thanks for all the responses to my thread so far..
WH-4 Form is meant for complaining against employer.
Please search this forum as I had posted this before a couple of times. Dont worry, DOL/USCIS is going gangbusters
after H1B employers. You first threaten sending the link to your employer. Often that works. If they dont budge then
file the WH-4. Unfortunately WH-4 may wreck the H1B petitions/extension of other employees working for that
company(bodyshopper).
