IAspire
02-20 11:54 PM
Hi All
I am very confused with the entire Green Card process. Any help will be much appreciated. I will give a background.
I have an experience of almost 6 years and work in an reputed Indian IT firm on H1B for a US bank. I am working in US on H1B for past 4 years. My wife is doing an MBA from a reputed US university on H4 visa.
What Employment Based Green Card category am I eligible for? How long does it take to get EAD approval from the beginning of the process? Can my wife work only after the EAD is approved?
Regards
IAspire
I am very confused with the entire Green Card process. Any help will be much appreciated. I will give a background.
I have an experience of almost 6 years and work in an reputed Indian IT firm on H1B for a US bank. I am working in US on H1B for past 4 years. My wife is doing an MBA from a reputed US university on H4 visa.
What Employment Based Green Card category am I eligible for? How long does it take to get EAD approval from the beginning of the process? Can my wife work only after the EAD is approved?
Regards
IAspire
spicensour
06-17 01:26 PM
PD - august 2002
140 AP - august 2005
485/EA/AP - sent it out today
Have you recd. any communication from the processing center yet. I sent the forms on June 5 and have not heard anything yet.
Does anybody on the forum know how many days does it take for the processing center to acknowledge?
PD aug 2003.
I140 March 2006
I485/AP/ sent on June 05,2007.
140 AP - august 2005
485/EA/AP - sent it out today
Have you recd. any communication from the processing center yet. I sent the forms on June 5 and have not heard anything yet.
Does anybody on the forum know how many days does it take for the processing center to acknowledge?
PD aug 2003.
I140 March 2006
I485/AP/ sent on June 05,2007.
brad_sk2
08-14 06:22 PM
But you cannot apply for first EAD/AP before applying for 485, correct? I would be surprised if we can apply for EAD/AP just after LC or 140 approval and when dates are not current for 485.
JoeWings
March 24th, 2005, 10:21 AM
The AA battery holder is for LAST RESORT use only. It was never designed for continous use. If you did it would get very expensive very quickly.
You didn't say what kind of batteries. If they were Ni-Cads or NiMH, they only supply 1.2 volts. The D100 requires 1.5 volts.
Also, you might try mounting a newer AF lens to it just to see if its the older lens. Hopefully the lens you used isn't pre-1977. If so, you may have damaged the body.
You didn't say what kind of batteries. If they were Ni-Cads or NiMH, they only supply 1.2 volts. The D100 requires 1.5 volts.
Also, you might try mounting a newer AF lens to it just to see if its the older lens. Hopefully the lens you used isn't pre-1977. If so, you may have damaged the body.
more...
chanukya
02-20 10:50 PM
Yes it is positive --At-least senators are sticking to their timetable of CIR by March and April.
I guess that is the reason IV is asking for stories by Wednesday noon, This hearing is also on the same day.
Is this something positive, that can give us some hope? There hasn't been any good news for a long time.
I guess that is the reason IV is asking for stories by Wednesday noon, This hearing is also on the same day.
Is this something positive, that can give us some hope? There hasn't been any good news for a long time.
milind70
11-06 04:25 PM
All Guru's
My situation is little different,
I filed my GC from comapany A (with approved I140 ...so far i received all receipts+ EAD+AP), I am working for Company B as a consultant. Now the company B is willing to give me an offer, Since they know my situation they are agreed upon waiting till 180 days. But they are planning giving me offer 181 day. They cant wait longer than that.
But my fear is I don't have copy of my approved I140 with me. I heard from my collegue who works for my Company (A) provides a I140 copy only if they terminate me from the employment (like after certain period on bench - 15days). This is where I am getting nervous. I want to take the employment with Company B using EAD. But I have to be on Bench with company A (H1B) inorder to get my copy of I140.
I have only 2 options:
1) Take the Company B offer and Remain on the Bench for Company A at the same time for certain period to get the I140 copy. - Can I do this because I will be getting pay from New Employer (EAD) and old Employer (H1B) - Does this trigger any issue in future - Is this over lap (15 days) is OK
2) Do not take the Company B offer (but this is very good offer)
Please Guru's if any body gone through this situation please share your thoughts OR Any body please advice. Thanks in Advance
Dont require copy of 140 to invoke AC21 only proof of AOS is required i.e 485 Recipt Notice (even a copy would do).
Copy of 140 is required incase of date porting i.e joined a new employer who is willing to sponsor GC and you would like to keep you PD from a previous application.
Hope this clarifies !!!
My situation is little different,
I filed my GC from comapany A (with approved I140 ...so far i received all receipts+ EAD+AP), I am working for Company B as a consultant. Now the company B is willing to give me an offer, Since they know my situation they are agreed upon waiting till 180 days. But they are planning giving me offer 181 day. They cant wait longer than that.
But my fear is I don't have copy of my approved I140 with me. I heard from my collegue who works for my Company (A) provides a I140 copy only if they terminate me from the employment (like after certain period on bench - 15days). This is where I am getting nervous. I want to take the employment with Company B using EAD. But I have to be on Bench with company A (H1B) inorder to get my copy of I140.
I have only 2 options:
1) Take the Company B offer and Remain on the Bench for Company A at the same time for certain period to get the I140 copy. - Can I do this because I will be getting pay from New Employer (EAD) and old Employer (H1B) - Does this trigger any issue in future - Is this over lap (15 days) is OK
2) Do not take the Company B offer (but this is very good offer)
Please Guru's if any body gone through this situation please share your thoughts OR Any body please advice. Thanks in Advance
Dont require copy of 140 to invoke AC21 only proof of AOS is required i.e 485 Recipt Notice (even a copy would do).
Copy of 140 is required incase of date porting i.e joined a new employer who is willing to sponsor GC and you would like to keep you PD from a previous application.
Hope this clarifies !!!
more...
meridiani.planum
11-06 05:01 PM
Does she have EAD? If not on H1, she needs to be in EAD. (or other status like F1 etc). Otherwise she is out of status.
incorrect. Her pending 485 gives her status. She does not need to be on any particular status. And EAD does not give status anyway, its just permission to work while your adjustment of status is pending.
In that case, H1 will be denied because an H1 application while out of status will lead to denial.
incorrect. H1 will be approved if properly filed. The 'extension/change of status' part of h1 may not be allowed if you are out of status (ie. the approval wont have an I-94) and at that point you need to leave teh country and re-enter to active the H1.
To OP: I had asked my lawyer this same question a while back, and he was of the opinion that its likely the H1 extension will come through without an I-94 in this case (ie. USCIS might insist we leave the country and return to activate teh H1). He had not handled such a case so far so was not 100% certain about the I-94 part. The transfer itself is not an issue (you dont need to be in any particular status or even within the country to get the H1 extension filed).
incorrect. Her pending 485 gives her status. She does not need to be on any particular status. And EAD does not give status anyway, its just permission to work while your adjustment of status is pending.
In that case, H1 will be denied because an H1 application while out of status will lead to denial.
incorrect. H1 will be approved if properly filed. The 'extension/change of status' part of h1 may not be allowed if you are out of status (ie. the approval wont have an I-94) and at that point you need to leave teh country and re-enter to active the H1.
To OP: I had asked my lawyer this same question a while back, and he was of the opinion that its likely the H1 extension will come through without an I-94 in this case (ie. USCIS might insist we leave the country and return to activate teh H1). He had not handled such a case so far so was not 100% certain about the I-94 part. The transfer itself is not an issue (you dont need to be in any particular status or even within the country to get the H1 extension filed).
go_guy123
06-30 08:29 PM
Hi!
My mom's a Gynecologist. She got her MBBS and MS from India in 1978. She has been working in India since then.
How can she start practicing in the United States? I have absolutely NO idea. I have heard about the USMLE Exam, but is it necessary for a person with 25+ years of experience? Will she have to do her medical-residency AGAIN?
Please advise.
This seems like a bogus post. There are lots of information on the net.
My mom's a Gynecologist. She got her MBBS and MS from India in 1978. She has been working in India since then.
How can she start practicing in the United States? I have absolutely NO idea. I have heard about the USMLE Exam, but is it necessary for a person with 25+ years of experience? Will she have to do her medical-residency AGAIN?
Please advise.
This seems like a bogus post. There are lots of information on the net.
more...
ss1026
09-25 09:17 AM
Thank you "boreal" for the answer.
Another question.
If I wait until my new I140 got approved through new employer and then switch. Now a days because of PERM process and premium processing for I140, it may be approved within two months.
Then even if the old employer withdraws 140, does it effect the priority date of already approved 140?
Do any one has answer for this? Please respond
GC4ALL
I am not sure of your exact question as it is a bit ambiguous but here is what I read/understand
You can port an earlier priority date of an old I-140 even if the job description changes or your category has changed (EB-2 or EB-3). But this is only possible when you are applying for your I-485 (your old PD is current) by attaching a copy of your earlier approved I-140.
Also the underlying labor application/I-140 should be valid and not be substituted/revoked or cancelled. Again, check with an attorney but this is my understanding
Another question.
If I wait until my new I140 got approved through new employer and then switch. Now a days because of PERM process and premium processing for I140, it may be approved within two months.
Then even if the old employer withdraws 140, does it effect the priority date of already approved 140?
Do any one has answer for this? Please respond
GC4ALL
I am not sure of your exact question as it is a bit ambiguous but here is what I read/understand
You can port an earlier priority date of an old I-140 even if the job description changes or your category has changed (EB-2 or EB-3). But this is only possible when you are applying for your I-485 (your old PD is current) by attaching a copy of your earlier approved I-140.
Also the underlying labor application/I-140 should be valid and not be substituted/revoked or cancelled. Again, check with an attorney but this is my understanding
LC2002
04-14 11:01 AM
Congratulations.. Keep supporing IV in future.
Thanks, Sure will.
Thanks, Sure will.
more...
agt
05-23 08:21 PM
can you pls reveal the name of your employer?
Thanks for your Reply.
Right now I am planning to lodge a complaint to DOL against this body shopper.
The problem is that in the past no one dared to file a complaint and thats why now it becomes his habit to threat every one for lay off and sending to India and exploiting the
H1B visa holder.
Thanks for your Reply.
Right now I am planning to lodge a complaint to DOL against this body shopper.
The problem is that in the past no one dared to file a complaint and thats why now it becomes his habit to threat every one for lay off and sending to India and exploiting the
H1B visa holder.
Salomon5561
03-12 10:04 PM
This is a letter summarizing my process over the years, elaborated by my immigration attorney for the US Embassy in Nassau Bahamas where I renewed 3 times my visa H1B, However I have to renew it again and spend the $4500 + trip + hotel and food.
My question to you is that due to the crisis, my salary was reduce to almost half, and my wife is desperate in the house trying to do something on the internet because she cannot work on a H4 Visa. After you read the summary, will know how far are we in our process. Could I ask for a permit to work for her? How long would the process take to get our residence? Because according to my attorney, the immigration office is now processing the residence petitions made on Dec 2002, that means the is behind 8 years. Does that mean that I need to wait 8 more years? Please inform.
I would like to inform you that Mr. Mizrahi his first H-1B visa on June 27, 2003. The visa was approved from June 27, 2003 until May 3, 2006. On or about September 5, 2005, Mr. Mizrahi�s new employer submitted a new application for Mr. Mizrahi. This new H-1B visa was approved on September 30, 2005. The validity dates of the new visa were September 29, 2005 until September 5, 2008. On or about March 8, 2007, Mr. Mizrahi�s new employer submitted a new application for Mr. Mizrahi. The new H-1B visa was approved on March 9, 2007. The validity dates of that visa were March 9, 2007 until February 9, 2009.
According to the above information, Mr. Mizrahi�s six year limit should have ended on May 3, 2009. However, Mr. Mizrahi has made over 60 trips outside of the United States during this time span. Mr. Mizrahi spent 333 days outside of the US during the time that he has held his H-1B visa. Mr. Mizrahi was able to recapture does days and that is why his H-1B visa was extended until May 26, 2010. Further, Mr. Mizrahi has a Labor Certification and an I -140 approved through the same employer. Unfortunately, Mr. Mizrahi has not been able to apply for residency due to the fact that no immigrant visas are available for his category at this time.
My question to you is that due to the crisis, my salary was reduce to almost half, and my wife is desperate in the house trying to do something on the internet because she cannot work on a H4 Visa. After you read the summary, will know how far are we in our process. Could I ask for a permit to work for her? How long would the process take to get our residence? Because according to my attorney, the immigration office is now processing the residence petitions made on Dec 2002, that means the is behind 8 years. Does that mean that I need to wait 8 more years? Please inform.
I would like to inform you that Mr. Mizrahi his first H-1B visa on June 27, 2003. The visa was approved from June 27, 2003 until May 3, 2006. On or about September 5, 2005, Mr. Mizrahi�s new employer submitted a new application for Mr. Mizrahi. This new H-1B visa was approved on September 30, 2005. The validity dates of the new visa were September 29, 2005 until September 5, 2008. On or about March 8, 2007, Mr. Mizrahi�s new employer submitted a new application for Mr. Mizrahi. The new H-1B visa was approved on March 9, 2007. The validity dates of that visa were March 9, 2007 until February 9, 2009.
According to the above information, Mr. Mizrahi�s six year limit should have ended on May 3, 2009. However, Mr. Mizrahi has made over 60 trips outside of the United States during this time span. Mr. Mizrahi spent 333 days outside of the US during the time that he has held his H-1B visa. Mr. Mizrahi was able to recapture does days and that is why his H-1B visa was extended until May 26, 2010. Further, Mr. Mizrahi has a Labor Certification and an I -140 approved through the same employer. Unfortunately, Mr. Mizrahi has not been able to apply for residency due to the fact that no immigrant visas are available for his category at this time.
more...
sgX05
02-17 08:30 AM
Another update on 485 today after it was transferred to TSC...
"The I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS was transferred and is now being processed at a USCIS office."
"The I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS was transferred and is now being processed at a USCIS office."
geniousatwork
05-27 11:58 PM
Does anyone know any other place to find the PD in case you have the Case Number?
The link mentioned below shows the PD for 2006 FY Data only :(
For 2007/2008 FY, I could not get the PDs from the below mentioned site.
If you have all the PERM case numbers with you then you should be able to find your PD in this link
http://www.flcdatacenter.com/CasePerm.aspx and
The link mentioned below shows the PD for 2006 FY Data only :(
For 2007/2008 FY, I could not get the PDs from the below mentioned site.
If you have all the PERM case numbers with you then you should be able to find your PD in this link
http://www.flcdatacenter.com/CasePerm.aspx and
more...
extofu
03-07 11:07 AM
you can re-enter with previous visa stamp with company A's annotation as long as it is still valid..however, you need to have the latest I-797 approval notice from your current employer and show it to the immigration officer at the poe...
Could you please elaborate? I have a stamp from company A but I have quit it in 2005.
Could you please elaborate? I have a stamp from company A but I have quit it in 2005.
vin
11-05 02:57 PM
Usually, USCIS comes close to a grinding halt during the holiday season. People who see some progress in their applications during this period should consider themselves lucky. I would say people shouldn't bother too much until beginning of next year and should enjoy the holidays without any undue stress or tension.
more...
snathan
02-23 06:53 PM
I successfully ported from EB3 to EB2 in the same company while on EAD
Now i am working on the new Eb2 position using the EAD obtained from the EB3 position. I have still not filed my Eb2 485 since dates are not current (priority date jan 2007)
The new Eb2 job description was similiar to Eb3 but the difference was that now it required masters degree and 1 year experience. This is becasue of more resposnitlity and supervisory role in the eb2 position. Also natural progression...
I qualified for the Eb2 position without using the Experience gained in the existing company. I had masters and previous experience which was used for qualification....
Also the older Eb3 position does not exist as it was modified to the new Eb2 position as the role now required more complexity...
Sharing my experience and wondering if everything is ok with my current situation? I do not have a h1b. I still work on EAd obtained from the Eb3 app and travel on AP and have not had any issues yet....
Porting is not walk in the park anymore. USCIS is scrutizing everything...you should be ok as long as everything is documented properly. Keep us posted.
Now i am working on the new Eb2 position using the EAD obtained from the EB3 position. I have still not filed my Eb2 485 since dates are not current (priority date jan 2007)
The new Eb2 job description was similiar to Eb3 but the difference was that now it required masters degree and 1 year experience. This is becasue of more resposnitlity and supervisory role in the eb2 position. Also natural progression...
I qualified for the Eb2 position without using the Experience gained in the existing company. I had masters and previous experience which was used for qualification....
Also the older Eb3 position does not exist as it was modified to the new Eb2 position as the role now required more complexity...
Sharing my experience and wondering if everything is ok with my current situation? I do not have a h1b. I still work on EAd obtained from the Eb3 app and travel on AP and have not had any issues yet....
Porting is not walk in the park anymore. USCIS is scrutizing everything...you should be ok as long as everything is documented properly. Keep us posted.
rajuram
05-06 09:27 PM
when will the house take up the bill, every one is focusing on the senate.
Last year house shot it down. hope this doesnot happen this time.
Last year house shot it down. hope this doesnot happen this time.
amsgc
06-01 07:38 PM
Instead of trying to figure out which copy/original of AP goes where, and how many originals you should/will get, understand this simple fact: If you have an approved multiple entry AP, then you will be able to enter multiple times.
Each port of entry has a diffierent way of doing things. At the end of your immigration through the POE, you will have atleast one AP travel document in your hand, which will be stamped. You can use the same document to re-enter before the expiration date (on the AP), as long as it is multiple entry.
So just relax and enjoy your travel.
When it is three copies (Nebraska has been giving three), on first travel, one copy goes to airlines, the 2nd copy goes to POE and 3rd copy remains with AP holder (the 3rd copy must be stamped at POE). On subsequent travels give a photocopy (of 3rd) to airlines, ask POE to make a copy (of 3rd) for themselves and keep 3rd (after getting subsequents stamp).
When it is two copies (Texas has been giving two), on first travel, give a photocopy to airlines the 1nd copy goes to POE and 2nd copy remains with AP holder (the 2nd copy must be stamped at POE). On subsequent travels give a photocopy (of 2nd) to airlines, ask POE to make a copy (of 2nd) for themselves and keep 2nd (after getting subsequents stamp).
Each port of entry has a diffierent way of doing things. At the end of your immigration through the POE, you will have atleast one AP travel document in your hand, which will be stamped. You can use the same document to re-enter before the expiration date (on the AP), as long as it is multiple entry.
So just relax and enjoy your travel.
When it is three copies (Nebraska has been giving three), on first travel, one copy goes to airlines, the 2nd copy goes to POE and 3rd copy remains with AP holder (the 3rd copy must be stamped at POE). On subsequent travels give a photocopy (of 3rd) to airlines, ask POE to make a copy (of 3rd) for themselves and keep 3rd (after getting subsequents stamp).
When it is two copies (Texas has been giving two), on first travel, give a photocopy to airlines the 1nd copy goes to POE and 2nd copy remains with AP holder (the 2nd copy must be stamped at POE). On subsequent travels give a photocopy (of 2nd) to airlines, ask POE to make a copy (of 2nd) for themselves and keep 2nd (after getting subsequents stamp).
glus
11-11 08:36 PM
Hi,
Looking at the number of 485s pending for ROW EB3 with PD of years 2001 and 2002, I do not quite understand why the dates have not moved. We need to ask this question to someone. It does not make any sense.
Looking at the number of 485s pending for ROW EB3 with PD of years 2001 and 2002, I do not quite understand why the dates have not moved. We need to ask this question to someone. It does not make any sense.
ronhira
02-19 03:33 PM
when i saw the news last night..... it was pretty evident that this terrorist in austin, tx is anti taxes & anti government anti irs..... i thought tea party movement has found a hero..... the next thing news said - this terrorist was a software professional...... immediately i thought ..... he is going to be hero of anti immigrants like itgrunt.... who will attempt to associate h1b visa to the domestic terrorist....
guess what! surprise surprise..... today we can see itgrunt glorifying domestic terrorism.......
http://www.
when is fbi planning to arrest & question itgrunt......
guess what! surprise surprise..... today we can see itgrunt glorifying domestic terrorism.......
http://www.
when is fbi planning to arrest & question itgrunt......
