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
----
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trueguy
10-20 01:37 PM
They say 2months for I-129 (H1B) and mine is pending since May. These processing dates mean nothing
Tantra
07-12 05:39 PM
^^^
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EkAurAaya
10-18 06:02 PM
And dont forget, some of the anti-immigrants think that July bulletin was amnesty and that 320,000 people got amnesty.
For them
immigration = "amnesty"
:D
For them
immigration = "amnesty"
:D
more...
immigration
03-12 09:22 AM
MN. You can call and tell them that you are using ITIN and will update with SSN when you have one.
va_labor2002
08-23 11:13 AM
please continue to send mails to your local lawmakers regarding Skil Bill. Use the webfax too at
http://immigrationvoice.org/index.php?option=com_iv_webfax&task=getContactDetails&Itemid=46
There are orgnizations that are opposed to this bill and are stronger than us. Only consistant efforts to make our voices heard would produce favorable results. We need letters comming from all members to these lawmakers so that when we lobby, these lawmakers already know that there are a lot of people who want this done and there is a broadsupport for such reforms.
FYI Numbersusa have been sending messages against this bill--
http://www.numbersusa.com/faxcenter?action=preview&ID=5665
--
Please do write your own mail to your local senator and congressman to communicate the problems faced by us.
The useful information is available here--
http://immigrationvoice.org/index.php?option=com_content&task=view&id=53&Itemid=36
--
Please tell your friends too.
These are good suggestions. What can we do as a group ? Can we arrange a demonstration in DC ?
http://immigrationvoice.org/index.php?option=com_iv_webfax&task=getContactDetails&Itemid=46
There are orgnizations that are opposed to this bill and are stronger than us. Only consistant efforts to make our voices heard would produce favorable results. We need letters comming from all members to these lawmakers so that when we lobby, these lawmakers already know that there are a lot of people who want this done and there is a broadsupport for such reforms.
FYI Numbersusa have been sending messages against this bill--
http://www.numbersusa.com/faxcenter?action=preview&ID=5665
--
Please do write your own mail to your local senator and congressman to communicate the problems faced by us.
The useful information is available here--
http://immigrationvoice.org/index.php?option=com_content&task=view&id=53&Itemid=36
--
Please tell your friends too.
These are good suggestions. What can we do as a group ? Can we arrange a demonstration in DC ?
more...
morchu
07-24 12:02 PM
You do not loose your priority date even if the old employer revokes the 140.
As long as there aren't be any provable fraud intentions involved, in the whole GC process with the old employer, the priority date remains with you.
-Morchu
Recommend brining wide on H4 considering you have H1B once she is here you apply for her 485 along with yours.
1- Yes
2- Yes (but the job duties have to be relatively the same)
3- tricky, if your employer revokes your i-140 before you file a change then you lose the date. its tricky waters
As long as there aren't be any provable fraud intentions involved, in the whole GC process with the old employer, the priority date remains with you.
-Morchu
Recommend brining wide on H4 considering you have H1B once she is here you apply for her 485 along with yours.
1- Yes
2- Yes (but the job duties have to be relatively the same)
3- tricky, if your employer revokes your i-140 before you file a change then you lose the date. its tricky waters
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i99
09-07 06:21 PM
For those who follow this thread. As of yesterday, reciepts started to come to people whose packages were received by R Williams. :D(ours not here yet...:()
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needhelp!
11-07 11:26 AM
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mrajatish
06-18 05:55 PM
Exactly the same as mine (except that I needed to copy whole passport)
more...
natrajs
09-01 06:10 PM
i was on h4 visa and recently as i turned 21 i am no more dependent on my dad who is on h1 visa . i tranfered my status to f1 .But my dad applied his 1-485 recently along with my application for i-485 and he consult the lawyer too and lawyer told as i am not the main visa holder like if i was on h1 and i transferred to f1 and then apply for i-485 then my application can get rejected ; but not now as i was not the main applicant but was dependent of my father.
i dont trust everything wat lawyers say.so can anybody help me out with this issue.
To my understainding if your dad applied your AOS application before you turned to 21 then you are ok.
Consult another attorney
i dont trust everything wat lawyers say.so can anybody help me out with this issue.
To my understainding if your dad applied your AOS application before you turned to 21 then you are ok.
Consult another attorney
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Phat7
10-06 08:38 AM
Can I vote for myself? :trout:
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jiraprapaasa
04-13 11:47 AM
Did you 4 years old get a visa yet? How about your neice and nephew? The agent in Thailand called my niece mother and ask for money in order to prepare her paperwork for an interview. Do you think she should hire an agent there to make sure she got everything correctly.
I have no ideas about 12 years old going to the interview. Have no clue what kinds of question?
I have no ideas about 12 years old going to the interview. Have no clue what kinds of question?
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Jerrome
03-10 12:01 AM
You are not suppossed to submit the i-94 which you received along with 797. Submit only the POE i-94.
It was told by Officer when i had a issue with the visa date not mentioned in the i-94 during re-entry.
It was told by Officer when i had a issue with the visa date not mentioned in the i-94 during re-entry.
more...
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chanduv23
06-19 12:00 PM
Your mom had GC in 80s? Why are you in EB queue? You should have gotten your GC by now. Just kidding:D
My dad had GC in 70s, he came and went back to India to pursue a lucarative job.
He is currently here on a visitor's visa and during the visa interview at Chennai, he showed his expired green card - and they confiscated it (after 30+ years of expiry)and gave him a tourist visa.
My dad had GC in 70s, he came and went back to India to pursue a lucarative job.
He is currently here on a visitor's visa and during the visa interview at Chennai, he showed his expired green card - and they confiscated it (after 30+ years of expiry)and gave him a tourist visa.
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funny
09-16 04:54 PM
Plase make those Calls...
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akred
10-08 12:40 AM
Here's another article on the same issue: http://www.financialexpress.com/news/expats-will-have-to-make-pf-payments-in-india/358603/1
To sum it up:
Everyone working in India for any length of time will have to contribute 24% towards EPF. This contribution cannot be withdrawn or tranferred to another country unless a totalization agreement exists between that country and India. Previously non-resident Indians and foreigners were either not required to make this contribution or allowed to withdraw it upon leaving India.
My reading is that this has no impact on people who do not work in India. It will reduce net pay for citizens of countries without totalization agreements with India, specially because the EPF contribution in India applies to total gross pay without any upper limit.
To sum it up:
Everyone working in India for any length of time will have to contribute 24% towards EPF. This contribution cannot be withdrawn or tranferred to another country unless a totalization agreement exists between that country and India. Previously non-resident Indians and foreigners were either not required to make this contribution or allowed to withdraw it upon leaving India.
My reading is that this has no impact on people who do not work in India. It will reduce net pay for citizens of countries without totalization agreements with India, specially because the EPF contribution in India applies to total gross pay without any upper limit.
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chanduv23
07-19 10:19 AM
Can you start residency on EAD if you are the primary for 485? Meaning, can you use AC21 and change jobs from research to residency after 180 days from filing? Please help, really confused.
Excellent question. It depends on the institution's knowledge of these complexities.
We must ask specialists like Greg Siskind or Stephen Perlitsh.
It would be a good idea if we setuup a conference call with either of these residency gurus, unless you know someone else who is the best.
There is a group called IV Physicians, 'paskal' runs this group. So if you are doing research, residency etc... you must join this group.
Excellent question. It depends on the institution's knowledge of these complexities.
We must ask specialists like Greg Siskind or Stephen Perlitsh.
It would be a good idea if we setuup a conference call with either of these residency gurus, unless you know someone else who is the best.
There is a group called IV Physicians, 'paskal' runs this group. So if you are doing research, residency etc... you must join this group.
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dask
12-09 03:42 PM
Hey Dask, I am a 31 JAN 2002 PD too! Did not not receive any FP notice recently.
Sent u a private mail
Sent u a private mail
Life2Live
04-30 01:12 PM
perhaps this will help.
http://www.dol.gov/esa/whd/immigration/H1BWillfulViolator.htm
Thanks for link. I do not see my friend's employer who is currently facing lawsuit by an employee. I ensured the same by verifying with her.
http://www.dol.gov/esa/whd/immigration/H1BWillfulViolator.htm
Thanks for link. I do not see my friend's employer who is currently facing lawsuit by an employee. I ensured the same by verifying with her.
Bpositive
01-15 08:05 AM
Has anyone gone through a similar experience?
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