Aristotle08
06-01 03:58 PM
It is very possible that my question might have already been answered in the past but after searching through many forums, I could not find a direct answer.
Here�s my situation:
Category: EB2
PERM approved.
I 140 approved.
PD � Dec 2007.
H1-B status: 6 yrs expiring Sep 10. Filed for 3 yr extension.
I have an excellent chance of a promotion to a managerial level position. I am seriously considering abandoning my current GC process, accept the managerial position and reapplying for a new H1-B and GC.
Questions:
1. Will I need a new H1-B? If so, for how many years will I get it?
2. When I apply for a new PERM, will PD of Dec 2007 still be valid?
Thanks.
Here�s my situation:
Category: EB2
PERM approved.
I 140 approved.
PD � Dec 2007.
H1-B status: 6 yrs expiring Sep 10. Filed for 3 yr extension.
I have an excellent chance of a promotion to a managerial level position. I am seriously considering abandoning my current GC process, accept the managerial position and reapplying for a new H1-B and GC.
Questions:
1. Will I need a new H1-B? If so, for how many years will I get it?
2. When I apply for a new PERM, will PD of Dec 2007 still be valid?
Thanks.
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mirchiseth
03-15 11:50 AM
Wrote too early. Found some solutions from some of the members
http://immigrationvoice.org/forum/forum88-priority-dates-transfers-and-post-140-approval-options/16706-incorrect-priority-date-on-i-140-approval-notice.html
http://immigrationvoice.org/forum/forum5-all-other-green-card-issues/19981-how-to-correct-the-priority-date-mistake-on-uscis-side.html
But since I am no longer working for the I-140 filing company, I need to find out how would that pan out..
- Pankaj
http://immigrationvoice.org/forum/forum88-priority-dates-transfers-and-post-140-approval-options/16706-incorrect-priority-date-on-i-140-approval-notice.html
http://immigrationvoice.org/forum/forum5-all-other-green-card-issues/19981-how-to-correct-the-priority-date-mistake-on-uscis-side.html
But since I am no longer working for the I-140 filing company, I need to find out how would that pan out..
- Pankaj
Liz
06-28 11:31 PM
Dear Attorney,
My company is willing to sponsor me and I have a few questions regarding the occupation.
I have no professional degree but I have 7 years experience as a general manager. My boss spoke to one attorney who said that I can be in EB-3 skilled worker but he (the attorney) is going to put that at least 5 years experience is required. The company that I have been working for is an export/import Asian food company (65 employees; $100 million revenue) so my boss is not going to hire someone who has only 2 years experience. The attorney also wants to put that a foreign language (Korean) is required as I will be responsible for making orders from Korea.
On the other hand I went to a different lawyer who said that if I want to be in EB-3 skilled worker the 2 years experience is enough and if there will be a foreign language requirement, most likely my ETA9089 will be denied. Also, he mentioned that a GENERAL MANAGER requires at least a bachelor's degree (as stated in SWA OES).
I would appreciate your input.
Thank you.
My company is willing to sponsor me and I have a few questions regarding the occupation.
I have no professional degree but I have 7 years experience as a general manager. My boss spoke to one attorney who said that I can be in EB-3 skilled worker but he (the attorney) is going to put that at least 5 years experience is required. The company that I have been working for is an export/import Asian food company (65 employees; $100 million revenue) so my boss is not going to hire someone who has only 2 years experience. The attorney also wants to put that a foreign language (Korean) is required as I will be responsible for making orders from Korea.
On the other hand I went to a different lawyer who said that if I want to be in EB-3 skilled worker the 2 years experience is enough and if there will be a foreign language requirement, most likely my ETA9089 will be denied. Also, he mentioned that a GENERAL MANAGER requires at least a bachelor's degree (as stated in SWA OES).
I would appreciate your input.
Thank you.
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Keyjuang
05-30 05:09 AM
Sir,
I got my green card on Feb'2008 and had to make emergency travel to my country Mexico to be with my family on August'2008. Now, I would like to come back after 10 months of stay in Mexico. The problem is that I do not have any permanent residence/car/Electricity bill to prove my permanent residency status except VOIP phone and paid my tax for the last 6 years promptly. Is it possible for me to make it to USA? or Should I wait for 2 more moths and file for Visa reentry permit in local embassy and come there if I get one?
Please advice me.
Thanks,
Juang.
I got my green card on Feb'2008 and had to make emergency travel to my country Mexico to be with my family on August'2008. Now, I would like to come back after 10 months of stay in Mexico. The problem is that I do not have any permanent residence/car/Electricity bill to prove my permanent residency status except VOIP phone and paid my tax for the last 6 years promptly. Is it possible for me to make it to USA? or Should I wait for 2 more moths and file for Visa reentry permit in local embassy and come there if I get one?
Please advice me.
Thanks,
Juang.
more...
gs77
08-17 10:24 PM
Hi,
I looked at different forums. But I could not locate a definite answer for my questions.
I have H1. My wife has H4. Both will expire in 11/2009. I don't have stamp
but she has stamp. We both used AP to enter into USA recently. We did not use our EAD.
Questions on EAD paper filing :
14) Manner of Last Entry into the U.S. ?
15) Current Immigration status ?
I believe that the answer to the question 14 should be PAROLEE or Advance Porole. How about question 15 ?
The immigration officer put 'Conditions: AOS DA' in our AP and new I-94 both. What will be the answer, AOS Pending or H1B/H4 ?
Please share your experience. Thanks in advance.
I looked at different forums. But I could not locate a definite answer for my questions.
I have H1. My wife has H4. Both will expire in 11/2009. I don't have stamp
but she has stamp. We both used AP to enter into USA recently. We did not use our EAD.
Questions on EAD paper filing :
14) Manner of Last Entry into the U.S. ?
15) Current Immigration status ?
I believe that the answer to the question 14 should be PAROLEE or Advance Porole. How about question 15 ?
The immigration officer put 'Conditions: AOS DA' in our AP and new I-94 both. What will be the answer, AOS Pending or H1B/H4 ?
Please share your experience. Thanks in advance.
purgan
09-20 04:21 PM
USCIS clairified today, No
more...
gc28262
12-30 02:42 PM
Please see my answers below.
Hi - I am on 7th Year of my H1. My I-140 has been approved. My I-485 is pending for while plus my PD is not current as of Jan 09. In this case...
a) Am I eligible to apply for H1 extension (I don't want to use EAD)?
Yes, you can apply for H1 extension when I-485 is pending
b) If Yes, will I get 1 Year or 3 Years?
Once I-140 is approved, you will get an extension for 3 years.
Thanks for your help...
Hi - I am on 7th Year of my H1. My I-140 has been approved. My I-485 is pending for while plus my PD is not current as of Jan 09. In this case...
a) Am I eligible to apply for H1 extension (I don't want to use EAD)?
Yes, you can apply for H1 extension when I-485 is pending
b) If Yes, will I get 1 Year or 3 Years?
Once I-140 is approved, you will get an extension for 3 years.
Thanks for your help...
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akshaya10001
10-10 08:58 PM
For 2011 EB2 without spillover
China: August'2006 and India: May'2006
Monthly ~250 allocation is not good enough to cover pending cases prior to May 2006. prior to May'2006 no.of pending cases are close to 2700 cases, so this year quota is good enough to clear these pending cases. With porting we may also see Unavailable down the time.
This leaves for 2006 pending cases
China - 2950
India - 11800 . total ~15K
If we get spill over of 14K then EB2 India & China will move to 2007. Do we get 14K spillover for current year is Big ?
Pending Cases Till August'2007
India 9809 and china 5714 total 15,500
Below is PERM Data from Sept'2008 to October'2009 Analysis courtesy by Vedu in another forum
I exported PERM 2008 and PERM 2009 files in excel, then removed the denied and withdrawn cases from those files. Next, I used some filters to find out the exact numbers. Here is what I get:
October 2007 to September 2008
Certified cases: India-7197 and China-1210
Certified-Expired cases: India- 9371 and China-2118
October 2008 to September 2009
Certified cases: India- 6403 and China - 1090
Certified-Expired: India-4984 and China-1022
Spill Over Analysis:
for this we need to consider EB1, Eb2 and Eb5 Quota which is 90K+
EB1 Pending at the beging ofthe year: 7595
Eb2 Row Pending: 8859
Eb5 Pending: 23
Eb2 India & China Quota will be utilized fully : 5600
Total 22,077 so 90K-22K = 68K available for 2011 for categories. EB1, EB5 & ROW EB2
Spill Over Estimate is 68K - EB1, EB5 & Row EB2 estimate. this estimate is diff task & Key.
Pls share if any one able to throw light on this???????
Also India EB3 to EB2 Porting cases estimate is another factor as china EB3 will move to 2006 not much porting expected from china.
China: August'2006 and India: May'2006
Monthly ~250 allocation is not good enough to cover pending cases prior to May 2006. prior to May'2006 no.of pending cases are close to 2700 cases, so this year quota is good enough to clear these pending cases. With porting we may also see Unavailable down the time.
This leaves for 2006 pending cases
China - 2950
India - 11800 . total ~15K
If we get spill over of 14K then EB2 India & China will move to 2007. Do we get 14K spillover for current year is Big ?
Pending Cases Till August'2007
India 9809 and china 5714 total 15,500
Below is PERM Data from Sept'2008 to October'2009 Analysis courtesy by Vedu in another forum
I exported PERM 2008 and PERM 2009 files in excel, then removed the denied and withdrawn cases from those files. Next, I used some filters to find out the exact numbers. Here is what I get:
October 2007 to September 2008
Certified cases: India-7197 and China-1210
Certified-Expired cases: India- 9371 and China-2118
October 2008 to September 2009
Certified cases: India- 6403 and China - 1090
Certified-Expired: India-4984 and China-1022
Spill Over Analysis:
for this we need to consider EB1, Eb2 and Eb5 Quota which is 90K+
EB1 Pending at the beging ofthe year: 7595
Eb2 Row Pending: 8859
Eb5 Pending: 23
Eb2 India & China Quota will be utilized fully : 5600
Total 22,077 so 90K-22K = 68K available for 2011 for categories. EB1, EB5 & ROW EB2
Spill Over Estimate is 68K - EB1, EB5 & Row EB2 estimate. this estimate is diff task & Key.
Pls share if any one able to throw light on this???????
Also India EB3 to EB2 Porting cases estimate is another factor as china EB3 will move to 2006 not much porting expected from china.
more...
ronitm
06-30 12:01 PM
I selected H1B: SPECIALITY OCCUPATION as that was the manner i last entered the country in Dec 2007. Even though i have an AP(haven't used it) but for my wife(who entered on AP) i selected DA: Advance parole. So if you used AP at POE then your status is DA. Hope that helps :)
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martinvisalaw
08-05 12:28 PM
I went to US on B1 and came back to india last week, I would like to apply H1 in the current year. Is there any cooling period to apply H1B once come back from US on B1 or Can I start the H1B process immediately.
Your employer can start the H-1B process immediately, there is no need to wait.
Your employer can start the H-1B process immediately, there is no need to wait.
more...
sreeanne
10-30 06:35 PM
Hello,
I filed 485 in July 2007 and got the 485 receipt nos for myself and wife and my daughter. Both my wife and myself got EADs too. Though i applied EAD for my daughter [who is under 4 years at the time of application], i neither received EAD reciept nor the application back. I saw in some other threads that kids under 10years are not getting EADs. Is it true?
I know some may ask why we need EADs for kids? My daughter 's I-94 is expired on Oct 10th 2007 and i applied EAD for her in july just in case though she cant work.
Any ideas?
I filed 485 in July 2007 and got the 485 receipt nos for myself and wife and my daughter. Both my wife and myself got EADs too. Though i applied EAD for my daughter [who is under 4 years at the time of application], i neither received EAD reciept nor the application back. I saw in some other threads that kids under 10years are not getting EADs. Is it true?
I know some may ask why we need EADs for kids? My daughter 's I-94 is expired on Oct 10th 2007 and i applied EAD for her in july just in case though she cant work.
Any ideas?
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matreen
07-16 01:50 AM
So are these different from the finger prints that we take for EAD? For people who got their priority date current, do they ask for a separate finger prints again? Does anyone can shed some light on this?
I got the same question?
Anybody? any ideas?
I got the same question?
Anybody? any ideas?
more...
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hl
04-01 12:14 AM
See, the best part about all this is that someone obviously typed this up, because it used .harish. Meaning someone remembered me when making this joke. Thanksss :) Glad to know someone still remembers me. I haven't been here in quite a while.
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indigo10
03-09 06:54 PM
Most of the records are kept for 3-7 years in any organization, Based on that it seems unlikely that they will have the copy of I-94. You can try, you may succeed.
more...
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Suva
07-15 04:34 PM
I reside in NJ. But I did my medical for whole of my family in New York for $185 each.
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ravageguy1
05-13 07:43 PM
Hi ,
I am in strange situation. I am in 7th year of H1B and I have applied for H1B extension which was expiring on April 4th through my company on Feb 14th through normal processing. I have the LIN number from receipt notice. I was never able to check the status online as the LIN number was not found and when attorney called USCIS regarding this on March 23rd, We were told that the information will be updated to see the status online. Our attorney did not follow up with USCIS since then. Our attorney followed up again just today and found that an RFE was sent on March 25th which was never received by attorney. Currently we do not know what exactly is requested in the RFE or dead line for the response. RFE was requested again today from USCIS and was told that will be received in around 30 days. Do you think new dead line will be given for the RFE as the initial deadline might have passed for the initial RFE. I am not sure what to do at this point if I am in status or not. Please provide your advise as to what I should be doing? Appreciate your advises.
Thanks for your help.
Raj
I am in strange situation. I am in 7th year of H1B and I have applied for H1B extension which was expiring on April 4th through my company on Feb 14th through normal processing. I have the LIN number from receipt notice. I was never able to check the status online as the LIN number was not found and when attorney called USCIS regarding this on March 23rd, We were told that the information will be updated to see the status online. Our attorney did not follow up with USCIS since then. Our attorney followed up again just today and found that an RFE was sent on March 25th which was never received by attorney. Currently we do not know what exactly is requested in the RFE or dead line for the response. RFE was requested again today from USCIS and was told that will be received in around 30 days. Do you think new dead line will be given for the RFE as the initial deadline might have passed for the initial RFE. I am not sure what to do at this point if I am in status or not. Please provide your advise as to what I should be doing? Appreciate your advises.
Thanks for your help.
Raj
more...
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hebbar77
09-19 12:23 AM
as far as I know medical assistant position does not require a degree and hence does not get entitled to highly skilled H1 category. Once this is not a skilled profession, one will have to prove that there are no citizens/gc candidates available for this position.
There could be a category of H1 visa for this. talking to lawyer is ur best bet.
FYI:
My wife is B.A.M.S, after researching all options, started studying nursing (accelerated bechelor of nursing ). During her research she did not find any other choice worthwhile!
There could be a category of H1 visa for this. talking to lawyer is ur best bet.
FYI:
My wife is B.A.M.S, after researching all options, started studying nursing (accelerated bechelor of nursing ). During her research she did not find any other choice worthwhile!
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August 12th, 2005, 02:54 PM
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Euclid
06-29 11:18 AM
Hi,
I need to renew my passport at the Indian Consulate in NY. I
have a couple of quick questions. It would be great if someone could
answer them for me.
(1) Do I need to leave my I-94 card in when I give them my
old passport? Is it OK if I remove it? Do they make a big deal of this?
(2) In the online form, what do I choose for the "Service Desired" field?
"Re-issue of passport"?
Best Regards,
Euclid
I need to renew my passport at the Indian Consulate in NY. I
have a couple of quick questions. It would be great if someone could
answer them for me.
(1) Do I need to leave my I-94 card in when I give them my
old passport? Is it OK if I remove it? Do they make a big deal of this?
(2) In the online form, what do I choose for the "Service Desired" field?
"Re-issue of passport"?
Best Regards,
Euclid
rhlsur
05-06 08:25 PM
I'm facing a frustrating issue and am hoping that someone can provide help on this. I'm on my H1 10th year extn. My I-140 (EB-3) was recently approved and I cannot apply for I-485 as the visa dates are not available. My Company recently changed their name from ABC, doing business as XYZ, to DEF, doing business as XYZ (the doing business as part of the name is the same and there was no merger, just a name change).
My first question is does this invalidate my approved I-140 and should I refile the I-140. Also, when I file my H-1 extension what document should I provide to prove the name change (or is it even needed?)? Any help on these 2 questions would be greatly appreciated. Thanks.
My first question is does this invalidate my approved I-140 and should I refile the I-140. Also, when I file my H-1 extension what document should I provide to prove the name change (or is it even needed?)? Any help on these 2 questions would be greatly appreciated. Thanks.
theshiningsun
05-29 04:49 AM
hi attorneys,
i hv an approved PERM & I-140. my company lawyer is not sharing the approvals with me. all i hv is a copy of the I-140 approval with the rcpt no. blanked out (however it shows the A-number). i do not hv a copy of the PERM approval or details of the job description used to file PERM.
i am planning to request USCIS for these documents by filing FOIA request. for this, i hv filled up form G-639 from the USCIS website.
my questions:
(1) are these 2 documents (approval for PERM & I-140) sufficient for me to retain my pd and/or use AC-21 in future? if not, then what r the other documents that i would need?
(2) does the PERM approval hv the job description reqd for AC-21?
(3) would i need copies of the petitions / forms filed or only the approvals would suffice?
(4) what is the approx time frame & cost in getting these documents using the FOIA process?
pls guide me. thx in advance,
i hv an approved PERM & I-140. my company lawyer is not sharing the approvals with me. all i hv is a copy of the I-140 approval with the rcpt no. blanked out (however it shows the A-number). i do not hv a copy of the PERM approval or details of the job description used to file PERM.
i am planning to request USCIS for these documents by filing FOIA request. for this, i hv filled up form G-639 from the USCIS website.
my questions:
(1) are these 2 documents (approval for PERM & I-140) sufficient for me to retain my pd and/or use AC-21 in future? if not, then what r the other documents that i would need?
(2) does the PERM approval hv the job description reqd for AC-21?
(3) would i need copies of the petitions / forms filed or only the approvals would suffice?
(4) what is the approx time frame & cost in getting these documents using the FOIA process?
pls guide me. thx in advance,
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