kminkeller
03-09 01:00 PM
Hi I am very new to this forum and actually to all the Immigration related forums. Here is what my situation is.
I was working for a company A, got my PERM and I140 approved on EB3 and filed my I485 on with PD August 2007. I have also have the EAD and AP and am working on EAD as my H1 got voided after getting laid off from Company A on 2009. I am working with a company B with a higher salary than company A. This company didnt want to deal with USCIS and my agreement with this company does not allow me to discuss immigration matter with them. Now I got a new offer from company C with similar or slightly higher salary. Company C is ready to do my paper work.
Now I need to know what are the things that I can do.
1. Do I need to file PERM, I140 again on EB2?
2. Do I need to file for H1 again and complete the entire process?
3. What is and how to do EB3 to EB2 porting? is that all I need to do?
Please give me some advice. Thanks in advance.
KM
I was working for a company A, got my PERM and I140 approved on EB3 and filed my I485 on with PD August 2007. I have also have the EAD and AP and am working on EAD as my H1 got voided after getting laid off from Company A on 2009. I am working with a company B with a higher salary than company A. This company didnt want to deal with USCIS and my agreement with this company does not allow me to discuss immigration matter with them. Now I got a new offer from company C with similar or slightly higher salary. Company C is ready to do my paper work.
Now I need to know what are the things that I can do.
1. Do I need to file PERM, I140 again on EB2?
2. Do I need to file for H1 again and complete the entire process?
3. What is and how to do EB3 to EB2 porting? is that all I need to do?
Please give me some advice. Thanks in advance.
KM
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centaur
02-09 11:09 AM
Excellent idea.
Yes this option is open...the sitiuation is getting ridicilous by the day..lets wait for couple of months so see if SKIL OR CIR take some direction..meanwhile nothin prevents us from preparing
grounds for a law suit!!
Yes this option is open...the sitiuation is getting ridicilous by the day..lets wait for couple of months so see if SKIL OR CIR take some direction..meanwhile nothin prevents us from preparing
grounds for a law suit!!
hibhagya
05-15 12:03 PM
Great job and hope the current immigrations bill will pass this year.
2011 the “Wendy Williams Show”
vamsi_poondla
10-17 03:04 PM
Hi,
I have applied for my EAD and I-485 in the month of June '07 and all that i have recieved so far is my wife's EAD. I still did not recieve my EAD nor the finger prints notice nor the 485 yet. I have to move to IL from TX now and i am in a big confusion now. I heard that the mails from the USICS will not be forwarded to any new address by the USPS. If i would want to change my address with the USCIS now will it be a good move or is there any other alternative that you all could suggest me...Please advice me on this issue and help me out of this situation.
Krishna.
I changed the address and notified that with USCIS using AR-11 form. After you submit that form, you will be asked whether there are any pending applications with USCIS for which the address change has to be applied. If you select that option, one after other you can give your receipt numbers of I-485, I-131 and I-765 and change the addresses. It is not a big deal.
At the same time, I advice you not to change the address, if the EAD status says "Card Production Ordered" or "Approval Notice Sent".
Coming to Postal Dept, they will forward everything unimportant like flyers, stupid credit card offers, and yellow pages, but promptly return USCIS documents back to them. So, you need to call in CIS helpline and request them to resend the documents.
BTW for someone who applies in June 2007, I think it is too delayed if you did not receive EAD. Did you check with CIS why it is delayed?
I have applied for my EAD and I-485 in the month of June '07 and all that i have recieved so far is my wife's EAD. I still did not recieve my EAD nor the finger prints notice nor the 485 yet. I have to move to IL from TX now and i am in a big confusion now. I heard that the mails from the USICS will not be forwarded to any new address by the USPS. If i would want to change my address with the USCIS now will it be a good move or is there any other alternative that you all could suggest me...Please advice me on this issue and help me out of this situation.
Krishna.
I changed the address and notified that with USCIS using AR-11 form. After you submit that form, you will be asked whether there are any pending applications with USCIS for which the address change has to be applied. If you select that option, one after other you can give your receipt numbers of I-485, I-131 and I-765 and change the addresses. It is not a big deal.
At the same time, I advice you not to change the address, if the EAD status says "Card Production Ordered" or "Approval Notice Sent".
Coming to Postal Dept, they will forward everything unimportant like flyers, stupid credit card offers, and yellow pages, but promptly return USCIS documents back to them. So, you need to call in CIS helpline and request them to resend the documents.
BTW for someone who applies in June 2007, I think it is too delayed if you did not receive EAD. Did you check with CIS why it is delayed?
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Gravitation
10-23 10:30 AM
One common misconception is that there's a "quota" for each country. There's none.
The number 2600 is actually the upper limit. It means that no one country should get more visa numbers than 2600.
The total number of EB3 visa numbers for the whole world is 40,000. There's no entitlement here. There's no guarantee of all visa numbers being issued. There's no minimum number of visas that a specific country is sure to get...
If there's a demand for more than 2600 for a specific country, it's said to be oversubscribed. If the total demand from all countries remains below 40,000, the remaining visa numbers may overflow to the oversubscribed countries.
Once again, it's perfectly within the law to issue less than 40,000 visa numbers. It's a limit, not a quota.
The number 2600 is actually the upper limit. It means that no one country should get more visa numbers than 2600.
The total number of EB3 visa numbers for the whole world is 40,000. There's no entitlement here. There's no guarantee of all visa numbers being issued. There's no minimum number of visas that a specific country is sure to get...
If there's a demand for more than 2600 for a specific country, it's said to be oversubscribed. If the total demand from all countries remains below 40,000, the remaining visa numbers may overflow to the oversubscribed countries.
Once again, it's perfectly within the law to issue less than 40,000 visa numbers. It's a limit, not a quota.
snathan
02-10 11:50 AM
Do RFE's for qualification and requirements comes only for LC or 140? I am with a similar profile but got LC and 140 approved and already filed for 485 last year. How much probablity is there that i might get an RFE for this for my 485 adjudication?
It will come only for I-140. You will get the approval in Perm.
It will come only for I-140. You will get the approval in Perm.
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paskal
04-09 08:38 PM
once you use EAD- for fellowship
you cannot be on an H1 from moonlighting.
if your wife is with a reputable firm, i would imagine the risk is low with an approved 140
i would ask a good attorney though.
you cannot be on an H1 from moonlighting.
if your wife is with a reputable firm, i would imagine the risk is low with an approved 140
i would ask a good attorney though.
2010 the Wendy Williams Show.
gc_check
10-07 05:32 PM
Got an email from HR (Large US Based Tech company) sometime back that there is a possibility representative of the USCIS may come to work location to review an employees immigration petition and this appears to be part of USCIS standard procedure. Employees have been provided with HR contact details to contact, if it happens for anyone. This is not unusual and this could very well happen to any one. Just a routine procedure. Nothing to worry much on this as long as you provide the details and if you have not violated any laws, etc..
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dealsnet
03-31 05:46 PM
The OP (MORON) is a fake. He is promoting some Taliban type groups. India will not take any one without passport or embassy out passes. If he went to India without these, he will be in JAIL. If something wrong, USA will not send out any one.
DON'T MAKE AS A FOOL, DEAR FRIEND.
PLAY APRIL FOOL WITH YOUR TALIBAN FRIENDS. NOT WITH IV MEMBERS.
HERE EVERY ONE IS HIGHLY QUALIFIED AND NOT A FOOL LIKE YOU AND YOUR STUPID SATANIC IDEOLOGIES.
I wonder why his/her handle is "webPromo"??? hmm... promoting "something" on the web...:D.
DON'T MAKE AS A FOOL, DEAR FRIEND.
PLAY APRIL FOOL WITH YOUR TALIBAN FRIENDS. NOT WITH IV MEMBERS.
HERE EVERY ONE IS HIGHLY QUALIFIED AND NOT A FOOL LIKE YOU AND YOUR STUPID SATANIC IDEOLOGIES.
I wonder why his/her handle is "webPromo"??? hmm... promoting "something" on the web...:D.
hair Photo Credit: Wendy Williams
SivaMayam
07-17 07:35 PM
Dear Nachi,
I was listening to Rajiv's recent/previous conference call recordins(mp3 foramat can be found on main page) in which he said some of his clients were in similar situations and did not have any issues.
http://www.immigration.com/improving_immigration/conference_calls.html
Please listen to one of those(recent 2 recordings) you will get some answer. Also consult with your lawyer if you filed through an attorney. Keep all the papers ready just in case you need to refile...
Good luck
~S
I was listening to Rajiv's recent/previous conference call recordins(mp3 foramat can be found on main page) in which he said some of his clients were in similar situations and did not have any issues.
http://www.immigration.com/improving_immigration/conference_calls.html
Please listen to one of those(recent 2 recordings) you will get some answer. Also consult with your lawyer if you filed through an attorney. Keep all the papers ready just in case you need to refile...
Good luck
~S
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NKR
05-01 11:54 AM
Consult an attorney and see if you can re-open your old case or port that date onto a new case. You don�t want to start your GC process all over again. It is a pain for someone from retrogressed country.
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akhilmahajan
11-16 10:15 AM
Bumping
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kprgroup
08-03 12:57 PM
Yes forwarded the copy to the lawyer this morning.I have an appointment with lawyer Friday morning regarding this..So for lawyer office didn't received anything from uscis.
Here is my backround
1)Worked for Company A from 2003 to 2008.
2)Company A applied I-140 and approved April 2006. AOS 485 filed on July 2007. Got EAD but never used it
3)September 2008 I have Joined employer “B” by transferring H1B (Valid until Aug 21st 2010).
4)Employer A revoked 140 which triggered 485 denials in October 2008.
5)Applied MTR and it was approved in NOVEMBER 2008 and 485 re-opened.
This is the only major concern I have.Though I have approved MTR and 485 re-opened, but my online status of 485 still showing denied.
My AP approved last month.......my wife EAD,AP approved last month.I am the primary..strange
I know I have moderate control over this situation.Just having good faith & hope.This whole thing H1-B,DL,GC,EAD,AP & visa stamping ..etc what a pain for some people.Very sad.For uscis error(485 denial wrongly) I am not only lost money( closee to 5k) also lost "n" no of days of sleep back in 2008 and now :mad:
Thanks
KPR
Here is my backround
1)Worked for Company A from 2003 to 2008.
2)Company A applied I-140 and approved April 2006. AOS 485 filed on July 2007. Got EAD but never used it
3)September 2008 I have Joined employer “B” by transferring H1B (Valid until Aug 21st 2010).
4)Employer A revoked 140 which triggered 485 denials in October 2008.
5)Applied MTR and it was approved in NOVEMBER 2008 and 485 re-opened.
This is the only major concern I have.Though I have approved MTR and 485 re-opened, but my online status of 485 still showing denied.
My AP approved last month.......my wife EAD,AP approved last month.I am the primary..strange
I know I have moderate control over this situation.Just having good faith & hope.This whole thing H1-B,DL,GC,EAD,AP & visa stamping ..etc what a pain for some people.Very sad.For uscis error(485 denial wrongly) I am not only lost money( closee to 5k) also lost "n" no of days of sleep back in 2008 and now :mad:
Thanks
KPR
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clif
06-15 01:35 PM
Experts, Please advice on this :
:confused: My H1B is about to expire in Oct 2007 and I haven't yet filed for 7th year extension. I have approved I-140 with April 2006 PD. Should I file for 7th year ext. of H1B or I-485 or both?
Is it safe to file for extension now or will it affect I-485 filing in July if the extension takes 2-3 months to be approved? My company is asking me for documents to file for extension and I have no idea about their plans for I-485 filing.
Also, less importantly, if I file for H1B extension, will I get 1 year ext. or 3 year ext? :confused:
:confused: My H1B is about to expire in Oct 2007 and I haven't yet filed for 7th year extension. I have approved I-140 with April 2006 PD. Should I file for 7th year ext. of H1B or I-485 or both?
Is it safe to file for extension now or will it affect I-485 filing in July if the extension takes 2-3 months to be approved? My company is asking me for documents to file for extension and I have no idea about their plans for I-485 filing.
Also, less importantly, if I file for H1B extension, will I get 1 year ext. or 3 year ext? :confused:
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immi_seeker
09-13 01:22 PM
What is this fight all about ??? eb3-->eb2 ... or spillover??? changing any/both of them will not solve underlying problem.. Grow up people
why not go for real problem??? if you want to ask congress/administration, ask for some real solutions which will help everyone. To name a few...
1. Capture lost Visa numbers
2. Get rid of country quota.. how does this country based quota makes sense in EB Category??
Totally agree with this. Eventhough i dont agree with i_got_skillz language, what he has been trying to say is the same thing. This spill over stuff will only help EB3 ROW as they have huge backlog. This EB3I talk abt spill over stuff will not only help them but will also bring EB2I in to the same boat(infact Eb2I is also in bad shape with or without spill over).
why not go for real problem??? if you want to ask congress/administration, ask for some real solutions which will help everyone. To name a few...
1. Capture lost Visa numbers
2. Get rid of country quota.. how does this country based quota makes sense in EB Category??
Totally agree with this. Eventhough i dont agree with i_got_skillz language, what he has been trying to say is the same thing. This spill over stuff will only help EB3 ROW as they have huge backlog. This EB3I talk abt spill over stuff will not only help them but will also bring EB2I in to the same boat(infact Eb2I is also in bad shape with or without spill over).
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Krilnon
03-04 11:06 PM
I don't understand why anyone would want to let Kirupa have any control over this site.
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number30
03-28 04:14 PM
Where did you send it? Tax returns with ITIN Requests will go to different address.
girlfriend the Wendy WIlliams Show.
abhijitp
07-08 02:06 PM
I'm sorry but why he did not say IV... i'm not trying to offened anybody people from all over are sending as well. it would make it better if he said the legal immigrant community
Given that (I believe) he regularly visits IV and gets information from here, but never wants to give IV the credit for it.
Given that (I believe) he regularly visits IV and gets information from here, but never wants to give IV the credit for it.
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vejella
08-01 01:40 PM
I have seen many cases where the GC is given to primary applicant and none of his /her benificiaries got GC and otherwise , even though their name checks are cleared.
My Guess is for x number of GCs processed during last week of june, most of the 2008 quota is consumed by their benificiaries just to clean up the mess.
For the retrogressed countries /categories with thighter quota restrictions , i would not be too much hopefull for atleast couple of years.
Just MY 2Cents
My Guess is for x number of GCs processed during last week of june, most of the 2008 quota is consumed by their benificiaries just to clean up the mess.
For the retrogressed countries /categories with thighter quota restrictions , i would not be too much hopefull for atleast couple of years.
Just MY 2Cents
invincibleasian
01-31 03:18 PM
As per the law, your H1B will still be valid even in if I-140 is revoked. However, the only flip side is one will lose the old priority date.
For sure, this is exactly outlined in the law. I have known some cases who are working successfully and legally on H1Bs even after their I-140s revoked (by the way one of them is in 8th year of H1B)
Im 100% sure about what i said. For better clarification, one can contact murthy.com or rajiv.s.khanna
You cannot lose priority date after i140 is approved unless revoked for fraud!
For sure, this is exactly outlined in the law. I have known some cases who are working successfully and legally on H1Bs even after their I-140s revoked (by the way one of them is in 8th year of H1B)
Im 100% sure about what i said. For better clarification, one can contact murthy.com or rajiv.s.khanna
You cannot lose priority date after i140 is approved unless revoked for fraud!
mmk123
09-13 11:40 AM
There is NO Eb1/Eb2/Eb3 divide for our cause... the issue is unfair country based quota for highly skilled immigrants. I have many friends who are rotting in EB3 even though they qualify for EB2 (due to company policies).. one of Ivy League PhD graduates I know is rotting in EB2 (C).. so these are thin lines..
Only solution is to convince lawmakers about our genuine issues using correct, democratic, non fear-mongering ways.
Healthcare debate is a good indicator of what is coming next... fasten your seat belts and be ready!
one more thing i want to add: let's not worry about ppl using wrong ways to get this GC, they will fail in long run or get caught somewhere else. They will have to pay for this during their lifetime only. And BTW, this also includes L1 managers. Our lives is not only GC, it is much more than that. Easier said than done.. but that's how we convince ourselves.
Only solution is to convince lawmakers about our genuine issues using correct, democratic, non fear-mongering ways.
Healthcare debate is a good indicator of what is coming next... fasten your seat belts and be ready!
one more thing i want to add: let's not worry about ppl using wrong ways to get this GC, they will fail in long run or get caught somewhere else. They will have to pay for this during their lifetime only. And BTW, this also includes L1 managers. Our lives is not only GC, it is much more than that. Easier said than done.. but that's how we convince ourselves.
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