sk.aggarwal
02-15 05:35 PM
I am in 6th year of H1 and my company is working to file Labor. If I include time spent outside US, I have time till April 25th to file it . I got a call from paralegal on my case, saying that process has changed since Jan 1 and we need to get prevailing wage from Washington which might take like 5 months? Is this true? Is it possible to submit job order based on my present salary hoping that prevailing wage will come lower than this number? Is this workable? Please help to advice. If nothing works, I need to start planning to leave US.
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SAPGURU
01-04 09:09 AM
They can't do that they are asking to make a choice .Per them porting eb3 priority date is not possible. I am not sure what are legal issues involved in porting the priority date. I am asked to make a choice either EB3 04 OR eb2 06.
watertown
03-11 11:50 AM
Guys, I've aske this in another board but does anyone know any good attorney in Boston area who can handle WOM/ AC21 like stuff?
My company lawyer doesn't even bother to reply my e-mail!!!! Thats Todd and Weld
My company lawyer doesn't even bother to reply my e-mail!!!! Thats Todd and Weld
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yabadaba
06-30 03:23 PM
Gautam Agarwal...who was planning on going to Wharton based on the july bulletin... have you heard anything from the ombudsman office on this speculation of retrogression???
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sanjeev_2004
10-11 05:39 PM
If spouse uses EAD for employment, what I heard is that the H4 status is no more valid.
In this case for any reason, if the 485 is cancelled, spouse will be out of status.
Primary can transfer h1b (if possible) & still be legal, but spouse is illegal to stay any more. There is no legal provision that once on EAD, spouse can switch back to H4. Is this true? I am worried and don't know whats really true.
Gurus Please guide.:confused:
I asked similar question to my attorney regarding my wife. My attorney told me. After she use her EAD my wife will be in status until her I485 is pending. She doesn’t need H4 or any other status if she wants to sit in home after using her EAD once.
I didn’t asked with many ifs and buts but I guess once your wife uses EAD your wife will be in pending valid status until her I-485 is not canceled.
Usage for your EAD and usage of her EAD is totally independent. But if your I485 cancels her I485 will cancel automatically.
In this case for any reason, if the 485 is cancelled, spouse will be out of status.
Primary can transfer h1b (if possible) & still be legal, but spouse is illegal to stay any more. There is no legal provision that once on EAD, spouse can switch back to H4. Is this true? I am worried and don't know whats really true.
Gurus Please guide.:confused:
I asked similar question to my attorney regarding my wife. My attorney told me. After she use her EAD my wife will be in status until her I485 is pending. She doesn’t need H4 or any other status if she wants to sit in home after using her EAD once.
I didn’t asked with many ifs and buts but I guess once your wife uses EAD your wife will be in pending valid status until her I-485 is not canceled.
Usage for your EAD and usage of her EAD is totally independent. But if your I485 cancels her I485 will cancel automatically.
lskreddy
08-07 03:03 PM
I am a consultant and work for a client. My client wants to extend me a permanent offer and my consulting company that I presently work with would have no problems if I accepted the offer from the client.
I have asked the client to remote work from India and they said I could for six months and re-evaluate at that point. I can get a three year extension based on my I-140 approval with my consulting company (no 485, dates not current) if my client applies for a H1. I am not sure if I should or apply for a different visa.
The company that I intend to do remote work for does not have presence in India. Cannot do L1 I think.
What are my options?
Can I ask the company extending me an offer to apply for H1 and then work from India for six months?
(or) Can I just leave, work for them in India, and visit them periodically on B1?
I am planning to work remote with the company's understanding that this would be for the long term. So, it may actually extend beyond 6 months with possible periodic visits. Both the company and I would like to see how the first six month goes.
Any other suggestions. If there are tax implications, I would appreciate some feedback.
Thanks for the service.
I have asked the client to remote work from India and they said I could for six months and re-evaluate at that point. I can get a three year extension based on my I-140 approval with my consulting company (no 485, dates not current) if my client applies for a H1. I am not sure if I should or apply for a different visa.
The company that I intend to do remote work for does not have presence in India. Cannot do L1 I think.
What are my options?
Can I ask the company extending me an offer to apply for H1 and then work from India for six months?
(or) Can I just leave, work for them in India, and visit them periodically on B1?
I am planning to work remote with the company's understanding that this would be for the long term. So, it may actually extend beyond 6 months with possible periodic visits. Both the company and I would like to see how the first six month goes.
Any other suggestions. If there are tax implications, I would appreciate some feedback.
Thanks for the service.
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gg_ny
07-17 06:00 PM
http://www.travel.state.gov/visa/frvi/bulletin/bulletin_3269.html
As I feared, the questions about lost, returned, missed, mislaid and vanished visa numbers went unanswered in this bulletin. There is a vague reference to the returned visas while in truth 1) visa numbers have been returned to DOS
2) there is no real proof that even majority of claimed visas had been used by CIS. It is left to Ombudsman in 2008 to cry over the numbers that would be lost by sept 2007. Basically, the relief from fiasco benefits those who are filing 485 and CIS (in terms of hiked EAD/AP fees for next 4-5 years for each 485 applicant).
I believe that in a master move CIS (and maybe DOS) has buried the skeletons for good now. This has become almost like a game of chess. With each bulletin, CIS is becoming stronger and nastier like Voldemart!
As I feared, the questions about lost, returned, missed, mislaid and vanished visa numbers went unanswered in this bulletin. There is a vague reference to the returned visas while in truth 1) visa numbers have been returned to DOS
2) there is no real proof that even majority of claimed visas had been used by CIS. It is left to Ombudsman in 2008 to cry over the numbers that would be lost by sept 2007. Basically, the relief from fiasco benefits those who are filing 485 and CIS (in terms of hiked EAD/AP fees for next 4-5 years for each 485 applicant).
I believe that in a master move CIS (and maybe DOS) has buried the skeletons for good now. This has become almost like a game of chess. With each bulletin, CIS is becoming stronger and nastier like Voldemart!
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nashim
08-06 02:40 PM
for EB2 I-140 approval, candidate must have 4 years bachelor + master degree or 4 years bachelor + 5 years experience
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Cherry2006
06-28 12:25 PM
Guys...Thanks for the suggestions .
I am planning to stay back for 1 more month ,i.e till end of July and try for a project. As it is near to impossible to get a H1 Transfer without a project, I would like to hold on for H1 Transfer for now. If l can manage to get a project ..say in 3rd or 4th week of July, can I be able to get a H1 Transfer approved without any issues or RFEs. My last paycheck was issued for the week ending June 28th, 2009. So I can provide a Paystub of only a prior month, if I apply for possible H1 Transfer. Will this be good enough .
Please advise whether staying for 1 more month after H1 Termination should be fine or not, from the perspective of Job Searching and H1 Transfer.
I am planning to stay back for 1 more month ,i.e till end of July and try for a project. As it is near to impossible to get a H1 Transfer without a project, I would like to hold on for H1 Transfer for now. If l can manage to get a project ..say in 3rd or 4th week of July, can I be able to get a H1 Transfer approved without any issues or RFEs. My last paycheck was issued for the week ending June 28th, 2009. So I can provide a Paystub of only a prior month, if I apply for possible H1 Transfer. Will this be good enough .
Please advise whether staying for 1 more month after H1 Termination should be fine or not, from the perspective of Job Searching and H1 Transfer.
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pappu
11-16 09:24 AM
Hello Experts,
I am on H1 and have my labor approved. My spouse is on F1 and we are filing I-140. Would there be a problem?
Because of Retrogression for India we cannot file for I-485 yet.
Please advise
Thanks
S A
I vaguely remember this question being asked in one of the lawyer conference calls. you may want to check the recordings.
I am on H1 and have my labor approved. My spouse is on F1 and we are filing I-140. Would there be a problem?
Because of Retrogression for India we cannot file for I-485 yet.
Please advise
Thanks
S A
I vaguely remember this question being asked in one of the lawyer conference calls. you may want to check the recordings.
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sanju
02-03 04:37 PM
Thanks, this is me, I am asr. member, I just have been away for a while due to work
Didn't you already get your GC few months back? Anyways, I will try to answer your questions with the understanding that you want to genuinely find out answers to these questions.
1- Approximate PERM processing times (from filing time) for EB2
The time it takes to file your paper work depends on the lawyer and company.
The time it takes for approval varies too between Atlanta and Chicago. Last I heard, it was around 6 months.
2- Approximate I-485 and I-140 processing times from filing date for EB2
For I-140 see this link - https://egov.uscis.gov/cris/jsps/ptimes.jsp
For I-485 see current visa bulletin - http://travel.state.gov/visa/frvi/bulletin/bulletin_1360.html
3- Approximate length of the entire process (from filing PERM to getting I-485 approved) for EB2
There is no set time from stat to finish. It depends on many variables, employer, lawyer, country of origin, nut jobs at CIS etc.
If you are lucky, and not from China, India, Mexico & Philippines, in EB2 it could take around 3- 4 years.
If you are unlucky, or if you are from China, India, Mexico & Philippines, in EB2 it could take anywhere between 5-10 years.
So the answer is, it depends.
4- Are I-140 and I-485 still being filed concurrently?
Yes, if your priority dates for filing I-485 are current as per the current visa bulletin, which is very unlikely. Although, I-140 premium process has not yet re-started.
Hope this helps!
Didn't you already get your GC few months back? Anyways, I will try to answer your questions with the understanding that you want to genuinely find out answers to these questions.
1- Approximate PERM processing times (from filing time) for EB2
The time it takes to file your paper work depends on the lawyer and company.
The time it takes for approval varies too between Atlanta and Chicago. Last I heard, it was around 6 months.
2- Approximate I-485 and I-140 processing times from filing date for EB2
For I-140 see this link - https://egov.uscis.gov/cris/jsps/ptimes.jsp
For I-485 see current visa bulletin - http://travel.state.gov/visa/frvi/bulletin/bulletin_1360.html
3- Approximate length of the entire process (from filing PERM to getting I-485 approved) for EB2
There is no set time from stat to finish. It depends on many variables, employer, lawyer, country of origin, nut jobs at CIS etc.
If you are lucky, and not from China, India, Mexico & Philippines, in EB2 it could take around 3- 4 years.
If you are unlucky, or if you are from China, India, Mexico & Philippines, in EB2 it could take anywhere between 5-10 years.
So the answer is, it depends.
4- Are I-140 and I-485 still being filed concurrently?
Yes, if your priority dates for filing I-485 are current as per the current visa bulletin, which is very unlikely. Although, I-140 premium process has not yet re-started.
Hope this helps!
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nilcritz
12-15 09:43 AM
Add one from Austin.
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d123
09-26 11:19 AM
Congratulations.
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finimits
05-02 11:38 AM
Hello Everyone!
I sent this post a few weeks ago but didn't really get a response. I think it's getting a little urgent for me so any help would be greatly appreciated. I'll try to ask more specific questions this time around.
My information:
----------------------
Citizen of India.
Priority Data: March 2008
I-140 approved
About to apply for 3 year extension of H1B after 6th year( which expires on Dec 1st 2011). Employer will apply for this extension in June 2011.
My Questions
----------------------
I want to move to another company in another region in the US.
1. Should I wait for my H1B extension to get approved and then move, or can I move now with the current H1B (transferred) and then have the new company apply for my extension? In the latter case, can they do that since my I-140 was applied by my current employer? Why I ask is because the opportunity in the new company is now and I wont get my extension till August 2011(I presume).
2. Will the new company immediately have to start my LC and PERM as my current H1b expires on december 1st 2011?
Guys, please help me, I am confused. I really appreciate any help!
THanks!
I sent this post a few weeks ago but didn't really get a response. I think it's getting a little urgent for me so any help would be greatly appreciated. I'll try to ask more specific questions this time around.
My information:
----------------------
Citizen of India.
Priority Data: March 2008
I-140 approved
About to apply for 3 year extension of H1B after 6th year( which expires on Dec 1st 2011). Employer will apply for this extension in June 2011.
My Questions
----------------------
I want to move to another company in another region in the US.
1. Should I wait for my H1B extension to get approved and then move, or can I move now with the current H1B (transferred) and then have the new company apply for my extension? In the latter case, can they do that since my I-140 was applied by my current employer? Why I ask is because the opportunity in the new company is now and I wont get my extension till August 2011(I presume).
2. Will the new company immediately have to start my LC and PERM as my current H1b expires on december 1st 2011?
Guys, please help me, I am confused. I really appreciate any help!
THanks!
more...
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singhsa3
06-02 03:54 PM
What is the basis for the answers? Please provide some reference.
I thought that answer to
Q1: Yes they need to re do I-140
Q2 : Regular timeframe
Happy Scenario
1) Once my EB2 labor gets approved, Do they have to file new I 140 again (OR) can they use the approved I 140 (EB3) to port my PD to EB2 application - No need to File for 140
3) If they have to file I 140 again for EB2...is this I 140 goes through the regular time frames (12months) (OR) since my EB3 140 is already approved my EB2 140 gets approved faster. -- They approve Faster in a month
Not so Happy scenario and reality
1) Once my EB2 labor gets approved, Do they have to file new I 140 again (OR) can they use the approved I 140 (EB3) to port my PD to EB2 application - You need to File for 140 after the labor approval 6+months
3) If they have to file I 140 again for EB2...is this I 140 goes through the regular time frames (12months) (OR) since my EB3 140 is already approved my EB2 140 gets approved faster. -- Takes 1+ year to get your 140 approved + you need to wait for 6 months+ to get your 485 interfile updated
We are talking about atleast 2 to 3 years to get from EB3 to EB2 , so Please participate in IV campigns , call the representatives
I thought that answer to
Q1: Yes they need to re do I-140
Q2 : Regular timeframe
Happy Scenario
1) Once my EB2 labor gets approved, Do they have to file new I 140 again (OR) can they use the approved I 140 (EB3) to port my PD to EB2 application - No need to File for 140
3) If they have to file I 140 again for EB2...is this I 140 goes through the regular time frames (12months) (OR) since my EB3 140 is already approved my EB2 140 gets approved faster. -- They approve Faster in a month
Not so Happy scenario and reality
1) Once my EB2 labor gets approved, Do they have to file new I 140 again (OR) can they use the approved I 140 (EB3) to port my PD to EB2 application - You need to File for 140 after the labor approval 6+months
3) If they have to file I 140 again for EB2...is this I 140 goes through the regular time frames (12months) (OR) since my EB3 140 is already approved my EB2 140 gets approved faster. -- Takes 1+ year to get your 140 approved + you need to wait for 6 months+ to get your 485 interfile updated
We are talking about atleast 2 to 3 years to get from EB3 to EB2 , so Please participate in IV campigns , call the representatives
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amitjoey
07-15 04:56 PM
We were successful in getting good media coverage with flower campaign. Our San Jose rally is getting good regional coverage. Yes, we haven't had the expected success with national media yet but we are gaining traction at an amazing pace.
This is not a big corporation with some PR dept. that is working with hundred of employees writing press releases et al. Volunteers like you and me have to take on that action item if you want to see results otherwise please continue on with your discussion
That is absolutely right, it is our job to write to reporters and call them, if we want good publicity. Please digg, write to reporters, do not just wait on the sidelines and see if we have gotten any coverage. We wont get any by just being on the forums discussing.
On a second note, gsc999 worked very hard organising the San Jose rally, and personally I saw a lot of dedication on his part and some other members. People came upto him and asked him to arrange another rally next week. He answered it very well. Why dont people take ownership and organise things on their own, rather than just giving out suggestions and expecting other people to do the tough work.
augustus, you are right when you ask "why are the bigwigs media outlets not reporting this event?", inspite of us sending so many emails. The anwer is, it is just a few like you, who have sent emails. Most of the people have not sent any emails, or talked to any reporters.
This is not a big corporation with some PR dept. that is working with hundred of employees writing press releases et al. Volunteers like you and me have to take on that action item if you want to see results otherwise please continue on with your discussion
That is absolutely right, it is our job to write to reporters and call them, if we want good publicity. Please digg, write to reporters, do not just wait on the sidelines and see if we have gotten any coverage. We wont get any by just being on the forums discussing.
On a second note, gsc999 worked very hard organising the San Jose rally, and personally I saw a lot of dedication on his part and some other members. People came upto him and asked him to arrange another rally next week. He answered it very well. Why dont people take ownership and organise things on their own, rather than just giving out suggestions and expecting other people to do the tough work.
augustus, you are right when you ask "why are the bigwigs media outlets not reporting this event?", inspite of us sending so many emails. The anwer is, it is just a few like you, who have sent emails. Most of the people have not sent any emails, or talked to any reporters.
more...
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DSLStart
10-01 09:31 AM
There is no RFE for expired FP, they would only send a FP notice if they are awake.
But would you get a notice or RFE or something like that....I am asking because i am my spouse both have recieved RFE's today....so wanted to assume something till we get the actual mail.
But would you get a notice or RFE or something like that....I am asking because i am my spouse both have recieved RFE's today....so wanted to assume something till we get the actual mail.
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Hey Ram GC
05-05 03:55 PM
Finally, I am current now, I spoke to IO today again ( Again means I call them every month, every week atleast once & So far I got Nice IO's)
She said your case is in current processing time, has not been yet assigned to any officer. checked all the status NC/SC/FP, everything is clear, just waiting for an officer to be assigned. call back after 15-20 days If I dont get any response.
I wanted to know that what impact does one have for calling IO's multiple times.
EB3, Oct'01
485- Jun 1st 07
No LUD's since Aug ( Address change)
Applied for 2nd AP & EAD last week.
She said your case is in current processing time, has not been yet assigned to any officer. checked all the status NC/SC/FP, everything is clear, just waiting for an officer to be assigned. call back after 15-20 days If I dont get any response.
I wanted to know that what impact does one have for calling IO's multiple times.
EB3, Oct'01
485- Jun 1st 07
No LUD's since Aug ( Address change)
Applied for 2nd AP & EAD last week.
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vempati
09-12 05:53 PM
Submitted on July 2 nd received by R. Mickels and case transfer to TSC.
EB 2 PD Nov 2005
I140 Approved May 2006
EAD : Cards mailed on Sept 5th and Approved on Sept 10th
FP Sept 24th
EB 2 PD Nov 2005
I140 Approved May 2006
EAD : Cards mailed on Sept 5th and Approved on Sept 10th
FP Sept 24th
pointlesswait
02-01 12:22 PM
I am looking for someone in chicago area or close..
i have used gowda for H transfer..few years back..was ok!
any reccos for IL area??
i have used gowda for H transfer..few years back..was ok!
any reccos for IL area??
chanduv23
03-08 08:30 PM
Do the stastics actually show spilled over numbers? ie if EB1 India has depleted 3K visas, does it mean upto 3K were used because they got spilled to Eb2 and Eb3?
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