alucard666
08-27 02:20 PM
I have already moved to company B. Have an i-140 approved from company A in 09/2006. Now that my 6 years are over in 5 months, waiting for Fragomen to determine appropriate strategy for extension since new Perm has not been pending for 365 days. Anyone have experience with extending H1 using company A I-140 when with company B?
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roseball
07-20 05:02 PM
I thought as per the new memo it is advisable to extend your non-immigrant status even if you have filed your AOS and work on EAD.
I know many people who were on H4 and started working as soon as they filed AOS and got EAD's, now in this case there I-94 issued for H4 is still valid.
When their spouse extended their H1B's, they did also extend the H4 petition to get new I-94's.
Like the attorney mentioned, you can't maintain H4 and AOS status at the same time. You can file for H1 to H4 COS but as soon as you use your EAD and start working, you will lose your H4 status. Having a valid H4 I-94 does not mean you still maintain H4 status. You can't work on H4, period. EAD gives you authorization to work based on your pending I-485, but then using your EAD will put you back in AOS pending/Parolee status. Hope this helps...
I know many people who were on H4 and started working as soon as they filed AOS and got EAD's, now in this case there I-94 issued for H4 is still valid.
When their spouse extended their H1B's, they did also extend the H4 petition to get new I-94's.
Like the attorney mentioned, you can't maintain H4 and AOS status at the same time. You can file for H1 to H4 COS but as soon as you use your EAD and start working, you will lose your H4 status. Having a valid H4 I-94 does not mean you still maintain H4 status. You can't work on H4, period. EAD gives you authorization to work based on your pending I-485, but then using your EAD will put you back in AOS pending/Parolee status. Hope this helps...
dixie
09-30 05:28 PM
You should be thankful you are even able to file for 485. There are so many of us here who have waited 4+ YEARS (and still waiting) for just their labor cerification from BECs. Even assuming they get their I-140 approved overnight, they need to wait another 3-4 YEARS before they can even FILE 485. So compared to that 4-5 months processing time to approve I-140 is a rounding error .. dont mean to defend USCIS or trivialize your problem, just giving you some perspective in the larger context of this huge EB mess.
This is absolutely no-sense at all.
Texas, take about 2-3 months to approve 140 and 485. While Nebraska take about 4-5 months to approve only 140. This is not included 485 that back up from December 2, 2005.
You compare about 2-3 month processing time from one Center and another 1 year from another service center.
People there don't know how to do the mathematic or what, why keep sending everything to Nebraska still. Why don't transfer from the last person in Nebraska to Texas and have Texas start processing 485 in Queued.
We don't want people get process by Luck! or by paying more money and left other people behind.
What you think?!
This is absolutely no-sense at all.
Texas, take about 2-3 months to approve 140 and 485. While Nebraska take about 4-5 months to approve only 140. This is not included 485 that back up from December 2, 2005.
You compare about 2-3 month processing time from one Center and another 1 year from another service center.
People there don't know how to do the mathematic or what, why keep sending everything to Nebraska still. Why don't transfer from the last person in Nebraska to Texas and have Texas start processing 485 in Queued.
We don't want people get process by Luck! or by paying more money and left other people behind.
What you think?!
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flex
10-02 06:16 PM
Why not?
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dan19
09-15 05:14 PM
Whether EB3 or EB2 is dependent upon the job description.
Suppose your job requires only a BS degree and you have a MS, you cannot still apply under EB2. The job should require a MS degree or equivalent if you need to be under EB2.
Honestly I didn't know about this factor when I joined work. I thought I could apply under EB2 since I had a MS degree.
Better that you asked about these options now, rather than finding it out years later when you are about to apply for the final stage.
Hi,
I am a F1 student and am on OPT now. I got my H1B visa approved from Oct-1 2006 to Sep-30 2009.
But my school said I cannot get my degree certificate till December 2006.
My question is when I apply for my Green card will I be considered into EB2 list or EB3 list. On what basis will this be decided.
Please suggest.
Thank you,
Vijaya.
Suppose your job requires only a BS degree and you have a MS, you cannot still apply under EB2. The job should require a MS degree or equivalent if you need to be under EB2.
Honestly I didn't know about this factor when I joined work. I thought I could apply under EB2 since I had a MS degree.
Better that you asked about these options now, rather than finding it out years later when you are about to apply for the final stage.
Hi,
I am a F1 student and am on OPT now. I got my H1B visa approved from Oct-1 2006 to Sep-30 2009.
But my school said I cannot get my degree certificate till December 2006.
My question is when I apply for my Green card will I be considered into EB2 list or EB3 list. On what basis will this be decided.
Please suggest.
Thank you,
Vijaya.
xela
11-19 06:27 PM
No I am not Indian, but that still makes me a H1B and greencard aplicant. So please, Antis might dislike us but that does not make them racist and hatefull against only Indians, you are not the only ones in the boat...dont make Indians the only important people here.
Plus a lot of the antis are probably people who lost a job and are finding someone to point the finger at, not right, but understandable.
I have Amercian friends who went from a good middleclass family to now being on foodstamps and not knowing how to feed their kids the next day, they dont hate me but they are upset and frustrated and scared...
Fear drives people to find a black sheep but let us not jump in there too and start hating...
Sorry but I read many many messages on forums before I finally loose my patience with the Indians only messages...lets try to not segregate but work together.:mad:
Plus a lot of the antis are probably people who lost a job and are finding someone to point the finger at, not right, but understandable.
I have Amercian friends who went from a good middleclass family to now being on foodstamps and not knowing how to feed their kids the next day, they dont hate me but they are upset and frustrated and scared...
Fear drives people to find a black sheep but let us not jump in there too and start hating...
Sorry but I read many many messages on forums before I finally loose my patience with the Indians only messages...lets try to not segregate but work together.:mad:
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gconmymind
08-15 02:13 PM
The whole non-compete agreement is a cruel joke on the employee who finds his own project. All these incapable bad desi employers ban the employee from joining the client whom the employee got them in the first place.
I know a friend of mine works for an employer, he found his own project through a vendor, now because of non-compete agreement he cannot join the client, nor the vendor and now the employer and vendors are buddies and thinking of other business opportunities. In all this the employee is the loser while it was he who brought the employer and vendor together into minting more money at his expense.
This is especially true of smaller companies. Big companies at least have real end clients and find projects. With smaller companies, employee finds projects, helps build client list for his company, gets paid less than market rate, etc.
If the GC process were smoother, a lot of such employers would shut down. Their business model is helped by the immigration mess....
I know a friend of mine works for an employer, he found his own project through a vendor, now because of non-compete agreement he cannot join the client, nor the vendor and now the employer and vendors are buddies and thinking of other business opportunities. In all this the employee is the loser while it was he who brought the employer and vendor together into minting more money at his expense.
This is especially true of smaller companies. Big companies at least have real end clients and find projects. With smaller companies, employee finds projects, helps build client list for his company, gets paid less than market rate, etc.
If the GC process were smoother, a lot of such employers would shut down. Their business model is helped by the immigration mess....
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wizpal
02-08 01:49 PM
From Dallas metroplex area
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payur
03-10 08:16 AM
Submit the I-94 when you board the flight that leave USA, in your case, Chicago, Not Miami, It is always not advisable to sumbit when you are boarding a connecting, non-Internation flight. For example, what if the International flight is cancelled or you missed, you will be in US, but have already returned your I-94 Also always have copies of all the I-94 for records.
Thank You gc_check!!
Thank You gc_check!!
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bskrishna
10-13 01:26 PM
we should all write to USCIS about this discriminatory thing. This is almost like making Guinea pigs out of immigrants.
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senthil1
02-19 12:27 PM
In the case of retrogession it is always better to apply EB2 if job description requires Master degree and if the candidate has approved master degree. Past history shows EB2 is atleast 2 years ahead of EB3 for India even if it is moving slower. But if you think any problem in eligiblity then it is better to apply EB3.
One question for I-140 for EB-2 versus EB-3.
If one applies for EB-2 at I-140 stage under premium processing and they turn it down. Does the application automatically go into EB-3, or do they ask you to re-apply for EB-3 at I-140? In that case, I am guessing that the premium processing fees that one has paid for EB-2 goes down the drian, right?
Please confirm your views, as I have heard different versions.
Thanks!
One question for I-140 for EB-2 versus EB-3.
If one applies for EB-2 at I-140 stage under premium processing and they turn it down. Does the application automatically go into EB-3, or do they ask you to re-apply for EB-3 at I-140? In that case, I am guessing that the premium processing fees that one has paid for EB-2 goes down the drian, right?
Please confirm your views, as I have heard different versions.
Thanks!
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munnu77
06-11 08:43 AM
Wht do u mean..partially?
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Mak Valley
01-29 01:15 AM
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braindrain
06-03 12:19 PM
My H1 B Visa and my wife's H4 is being transfered to a new employer. We filed under premium processing last friday (30th May). We have a family emergency and my question is whether my wife can travel to India before our applications are approved. I will remain in the country. Only she will be travelling. Your inputs will be much appreciated in this trying time.
I believe your wife can travel. I was in a similar situation couple of years back where We had to travel while the transfer was pending and when contacted the attorney, they did not raise any issues.
Luckily, we got our approvals before we actually left and was not a issue. Again, it was more than 2 Yrs back, so pls do consult attorney.
I believe your wife can travel. I was in a similar situation couple of years back where We had to travel while the transfer was pending and when contacted the attorney, they did not raise any issues.
Luckily, we got our approvals before we actually left and was not a issue. Again, it was more than 2 Yrs back, so pls do consult attorney.
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Jaime
09-12 11:18 AM
You can modify the person's name for privacy, but keep the facts of his/her struggle
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bsbawa10
02-12 05:22 PM
I would love to, as it will help IV community also, but unfortunately it is not very easy in a company to request change of lawyer when the lawyer is good one. I see from many comments here that the Chugh Firm is a good one. And the employer also feels the same. So what grounds can I request them change their processes which they are following for nearly 200 employees. It will be hard. Cant even ask..
You are right. For a good lawyer, you should not ask to change, but for bad one for sure you should. I never questioned my company's lawyer who is from Chicago. The worst lawyer ever possible: never replied to email, never responded to phone and never communicated: what she was doing. She filed my case in EB3 without consulting me or my knowledge even (I had two Masters and international research) and I came to know about it many years later when I thought I could be getting green card any day and guess what i came to know that not from the lawyer but from USCIS.
You are right. For a good lawyer, you should not ask to change, but for bad one for sure you should. I never questioned my company's lawyer who is from Chicago. The worst lawyer ever possible: never replied to email, never responded to phone and never communicated: what she was doing. She filed my case in EB3 without consulting me or my knowledge even (I had two Masters and international research) and I came to know about it many years later when I thought I could be getting green card any day and guess what i came to know that not from the lawyer but from USCIS.
more...
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darsh678
02-12 08:46 AM
This is what i think as being optimist
Even if Schedule A gets 90 k unused visa, we will be closer to our PD as all schedule A are in EB3. So if this 90 k for schedule A gets approved we will move ahead by 90 k visas.
Even better will be if they have separate category and dont include in EB3.
I think if we are not supporting them then atleast not oppose them as in any case it will be a win win situation for us and we can follow their steps if they are successful to get some solution for our EB3 retro.
This is very serious matter. EB community should strongly oppose
It is time for Fight to Finish !
Even if Schedule A gets 90 k unused visa, we will be closer to our PD as all schedule A are in EB3. So if this 90 k for schedule A gets approved we will move ahead by 90 k visas.
Even better will be if they have separate category and dont include in EB3.
I think if we are not supporting them then atleast not oppose them as in any case it will be a win win situation for us and we can follow their steps if they are successful to get some solution for our EB3 retro.
This is very serious matter. EB community should strongly oppose
It is time for Fight to Finish !
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kk_123
09-25 03:07 PM
hi,
my brother is also seeing the same status for his case. he too really getting confused.
if you get your GC , pls update it.so it will help others too.
my brother is also seeing the same status for his case. he too really getting confused.
if you get your GC , pls update it.so it will help others too.
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ssdtm
03-22 01:02 AM
My EB-3 priority date is 10/17/2004 Non-PERM. My I-140 was filed in May 2007 and is approved in Aug 2008. Meanwhile I also filed for I-485 for me and my spouse (thanks to DOS Visagate June 2007 event)
I am also on H1B 6th year. Looking at the delay in the EB3 I am contemplating if there is any risk in filing for EB-2.
---- No risk in filing in EB2
Since I came into US in 2003, I moved up in the company ranks few times and am in managerial position. Am I eligible for interfiling my GC case to EB2 without losing original priority date.
---- Yes you are. It is not only your qualifications that matter but Job MUST demand all those qualifications + exp to justify EB2. Many cos do not file in EB2 even if you are PHD because job does not need that.
Another way is file the EB2 485 in CP. I was told by a reputed lawyer that interfiling is not the only way to use earlier PD.
Is it mandatory that I should be eligible for EB2 criteria (like 5 years experience or Post Grad Degree) as on original Priority Date for interfiling to work.
---- There is lack of clarity on this. I have read lawyer opinions on both sides.
Any advice is appreciated. I will initiate it in our company. Also any potential risks and RFEs I should expect?
Thanks
----
I am also on H1B 6th year. Looking at the delay in the EB3 I am contemplating if there is any risk in filing for EB-2.
---- No risk in filing in EB2
Since I came into US in 2003, I moved up in the company ranks few times and am in managerial position. Am I eligible for interfiling my GC case to EB2 without losing original priority date.
---- Yes you are. It is not only your qualifications that matter but Job MUST demand all those qualifications + exp to justify EB2. Many cos do not file in EB2 even if you are PHD because job does not need that.
Another way is file the EB2 485 in CP. I was told by a reputed lawyer that interfiling is not the only way to use earlier PD.
Is it mandatory that I should be eligible for EB2 criteria (like 5 years experience or Post Grad Degree) as on original Priority Date for interfiling to work.
---- There is lack of clarity on this. I have read lawyer opinions on both sides.
Any advice is appreciated. I will initiate it in our company. Also any potential risks and RFEs I should expect?
Thanks
----
reddog
10-18 02:15 PM
When they do FP, they tries to match with criminal database. Why do they want to match to the Port of entry or Security clearance database and give RED color warning. I think it is something you need to work with your attorney. Even in Name check, they tries to match with Criminal first, middle or last names and if match found, they do some investigation on your case. Same logic goes with FP. They won't match with good records, but they tries to search in bad records. It is simple common sense. Nothing to panic, but check with your attorney.
That is so not true, you are linking this to the criminal database?
SO as soon as the finger printing is done, within a fraction of a second, they match your fingerprints to the criminals and even let you know that by displaying a Red sign.
Leos link has the answer, the red match found error is simply an error between your finger prints taken together and then done individually.
The Service rep also individually goes thru all the FPs to check if the FPs taken together match those done individually.
That is so not true, you are linking this to the criminal database?
SO as soon as the finger printing is done, within a fraction of a second, they match your fingerprints to the criminals and even let you know that by displaying a Red sign.
Leos link has the answer, the red match found error is simply an error between your finger prints taken together and then done individually.
The Service rep also individually goes thru all the FPs to check if the FPs taken together match those done individually.
lecter
March 3rd, 2004, 06:07 PM
This is a fine image... Love the grainy B&W look... gives it age...
Rob
Rob
