jaggu bhai
08-24 09:52 AM
Thank u all very much for ur valuable suggestions.
It boost a sense of rightness when I share at Immigration Voice.
So much experience......available here.
It boost a sense of rightness when I share at Immigration Voice.
So much experience......available here.
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hebron
06-22 01:39 PM
Hi,
I'm holding Bachelor's Degree from India and have 9 years of full time experience (6 years with previous employers + 3 years with current employer). Last year my employer initiated a process to file PERM. My employer had given all the specific details to our attorney firm to file my case in EB2. But our attorney screwed up everything and filed my case in EB3. My EB3 labor is approved (Section H, PERM job for Bachelors + 2 years of experience). I'm planning to file I140 with this EB3 PERM to facilitate my H1B extensions,etc.
Right now, my employer says that he can initiate another PERM with EB2 and later when we file I140 for the EB2 labor, we can make use of EB3's PD after its I140 approval. I understand that it has to be a different position for EB2. If we follow this case, at what stage I need to use my EB3's PD to port. I mean, do I need to have my EB3 I140 approved before filing EB2 PERM or have only when filing EB2 I140.
My another question is, how risky is this? I mean having applied for EB3 and EB2 from the same employer. What kinda repercussions we're heading into? What are the possiblities of getting audited for EB2 PERM ( I didn't get any audit for my EB3 PERM).
Do you think it's better to transfer visa to someone else after my EB3 I140's approval and start a fresh EB2 PERM from that employer?
I had gone thro a case study given in this forum but it's only after applying AOS(485). Mine is still at I140 stage.
Any input is welcome.
Thanks,
Sunil
Hi Sunil,
I have also been thinking about converting from EB3 to EB2 from the same employer. My lawyer says that for this to work the job descriptions ( for EB3 and EB2) has to be atleast 50% different. And I am not sure I can prove that because my EB3 was applied for "software engineer" and currently I am promoted to "principal software engineer". The DOT and SOC codes for both the jobs are the same. And I also do not have 5 years of experience prior to joining my current employer. So my attorney says that it will be difficult to show the experience that I gained from my current employer for EB2.
I am not sure if my experience helps you or not, but please check with your attorney.
I'm holding Bachelor's Degree from India and have 9 years of full time experience (6 years with previous employers + 3 years with current employer). Last year my employer initiated a process to file PERM. My employer had given all the specific details to our attorney firm to file my case in EB2. But our attorney screwed up everything and filed my case in EB3. My EB3 labor is approved (Section H, PERM job for Bachelors + 2 years of experience). I'm planning to file I140 with this EB3 PERM to facilitate my H1B extensions,etc.
Right now, my employer says that he can initiate another PERM with EB2 and later when we file I140 for the EB2 labor, we can make use of EB3's PD after its I140 approval. I understand that it has to be a different position for EB2. If we follow this case, at what stage I need to use my EB3's PD to port. I mean, do I need to have my EB3 I140 approved before filing EB2 PERM or have only when filing EB2 I140.
My another question is, how risky is this? I mean having applied for EB3 and EB2 from the same employer. What kinda repercussions we're heading into? What are the possiblities of getting audited for EB2 PERM ( I didn't get any audit for my EB3 PERM).
Do you think it's better to transfer visa to someone else after my EB3 I140's approval and start a fresh EB2 PERM from that employer?
I had gone thro a case study given in this forum but it's only after applying AOS(485). Mine is still at I140 stage.
Any input is welcome.
Thanks,
Sunil
Hi Sunil,
I have also been thinking about converting from EB3 to EB2 from the same employer. My lawyer says that for this to work the job descriptions ( for EB3 and EB2) has to be atleast 50% different. And I am not sure I can prove that because my EB3 was applied for "software engineer" and currently I am promoted to "principal software engineer". The DOT and SOC codes for both the jobs are the same. And I also do not have 5 years of experience prior to joining my current employer. So my attorney says that it will be difficult to show the experience that I gained from my current employer for EB2.
I am not sure if my experience helps you or not, but please check with your attorney.
Macaca
07-17 07:59 AM
The attached blog is much more important then the article. Please respond in the attached blog. The previous article was very well responded.
Please don't post this (http://app.businessweek.com/UserComments/combo_review?action=all&style=wide&productId=19972&pageIndex=5) (from previous business week article (http://www.businessweek.com/bwdaily/dnflash/content/jul2007/db20070713_687551.htm))
Jul 14, 2007 11:31 PM GMT
I JUST WANT A GREEN CARD! I AM A PHARMACIST. I HAVE WAITED FOR 5 YEARS. PLEASE I WANT A GREEN CARD SO THAT I CAN TRAVEL WITHOUT ANY WORRIES. THANK YOU VERY MUCH!
Please don't post this (http://app.businessweek.com/UserComments/combo_review?action=all&style=wide&productId=19972&pageIndex=5) (from previous business week article (http://www.businessweek.com/bwdaily/dnflash/content/jul2007/db20070713_687551.htm))
Jul 14, 2007 11:31 PM GMT
I JUST WANT A GREEN CARD! I AM A PHARMACIST. I HAVE WAITED FOR 5 YEARS. PLEASE I WANT A GREEN CARD SO THAT I CAN TRAVEL WITHOUT ANY WORRIES. THANK YOU VERY MUCH!
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wanna_immigrate
05-24 10:19 AM
Can we delete this thread ?
more...
martinvisalaw
06-28 12:48 PM
Using AP does not necessarily mean that one is using the EAD. It is just a document that allows you to travel when needed.
Elaine you can correct if I am wrong ? I had a question though... say the H1-B is valid for more than 1 year but if AP is used the I-94 given would be of only 1 year, should we then extend the I-94 or is our H1-B valid till the duration it is approved for..
The I-94 stays valid as long as you stay working for that employer. Even though you entered using the AP, CIS has said that you can work pursuant to the underlying H-1B status.
Elaine you can correct if I am wrong ? I had a question though... say the H1-B is valid for more than 1 year but if AP is used the I-94 given would be of only 1 year, should we then extend the I-94 or is our H1-B valid till the duration it is approved for..
The I-94 stays valid as long as you stay working for that employer. Even though you entered using the AP, CIS has said that you can work pursuant to the underlying H-1B status.
webm
10-22 09:44 AM
I guess all the EB2 june filers might get approvals rather than EB3 June..right??
Has anyone in the EB3 category (june 2007 filers) got any approvals??
Cheers!!
Has anyone in the EB3 category (june 2007 filers) got any approvals??
Cheers!!
more...
eilsoe
10-08 10:13 AM
hmm... I'm inspired...
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paragpujara
09-18 04:52 PM
Yr employer is correct. You can't apply for SSN before OCT 1st as yr H1 starts from OCT 1st. When you go to SSN office, they look at yr current i-94 to find out yr current immigrant status (H1/H4/L1,etc) and if you current i-94 is for H4 then they won't allow you to apply for SSN. I had same exp for my wife. We applied on 2nd Oct in VA.
Hope this helps.
I checked with my employer, they mentioned that I cannot apply for SSN before Oct 1 and would only be eligible post Oct 1. Any ideas !
Hope this helps.
I checked with my employer, they mentioned that I cannot apply for SSN before Oct 1 and would only be eligible post Oct 1. Any ideas !
more...
senthil1
01-12 01:13 PM
You cannot use your Priority date if it is denied.
Dear Attornies,experts
My perm was denied recently because "The wage listed in the SWA job order is less than the wage offered to the foreign worker", It took DOL almost one and half years to determine this after a business necessity audit. I am going to start a new application now. What are my chances for an appeal by providing corrected supporting documents, can I apply a new application while an appeal is in progress..
Can I have multiple PERM applications from multiple employers at the same time, with different position titles?
Is there anyway of taking advantage of the old priority date application that was denied with a new application.
I almost lost 2 years in priority date because of this denial...
Please suggest...
Dear Attornies,experts
My perm was denied recently because "The wage listed in the SWA job order is less than the wage offered to the foreign worker", It took DOL almost one and half years to determine this after a business necessity audit. I am going to start a new application now. What are my chances for an appeal by providing corrected supporting documents, can I apply a new application while an appeal is in progress..
Can I have multiple PERM applications from multiple employers at the same time, with different position titles?
Is there anyway of taking advantage of the old priority date application that was denied with a new application.
I almost lost 2 years in priority date because of this denial...
Please suggest...
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sanju
07-22 11:10 AM
Lalu yadav changed his name to Michael chertoff, but he could not change his attitude :p
Pappu:
Why cant you just remove the feature of red/green dot completely. just ban the person directly if he/she is misusing this forum..
See after ten twenty minutes I will have RED DOT.
here if you say anything which moderator does not want to hear, you will get red dot or may be just banned.
for example last week i just asked my question in Free Q/A , did not got answer but i had to say sorry to Pappu just to stay in this forum.
I know man you can ban me from this forum anytime.
Just my views.
Please delete it if you dont like post.....sorry.
MC
Pappu:
Why cant you just remove the feature of red/green dot completely. just ban the person directly if he/she is misusing this forum..
See after ten twenty minutes I will have RED DOT.
here if you say anything which moderator does not want to hear, you will get red dot or may be just banned.
for example last week i just asked my question in Free Q/A , did not got answer but i had to say sorry to Pappu just to stay in this forum.
I know man you can ban me from this forum anytime.
Just my views.
Please delete it if you dont like post.....sorry.
MC
more...
dilvahabilyeha
08-09 01:50 PM
As Per my knowledge it is not nessesary that all approved I140's will have a A#.
Senior members please correct me if i am wrong. Also i would appreciate if you can explain what is the criteria to get a A# in case of approved I140.
Regards.
I don't think so, all the approved 140 Should have A# (alien reg number). Not sure where you attained your knowledge about all 140 will have A#, but couldn't think that's possible because 140 is where your identity is critical and giving a number at that time is more appropiate than the later stages. I'm not an expert on this subject but trying to use my common sense , which is highly relative though it's common ;)
Senior members please correct me if i am wrong. Also i would appreciate if you can explain what is the criteria to get a A# in case of approved I140.
Regards.
I don't think so, all the approved 140 Should have A# (alien reg number). Not sure where you attained your knowledge about all 140 will have A#, but couldn't think that's possible because 140 is where your identity is critical and giving a number at that time is more appropiate than the later stages. I'm not an expert on this subject but trying to use my common sense , which is highly relative though it's common ;)
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royjonny
06-19 01:16 PM
Well the lawyer representing the new company believes that without a copy of 140
1. that, they cannot do a H1B transfer.
2. that, I cannot do EAD extension when it expires in October 2008.
1. that, they cannot do a H1B transfer.
2. that, I cannot do EAD extension when it expires in October 2008.
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gc_check
05-01 10:19 PM
Well, It is good that you believe there is even a slim chance that Dec '06 will become current !!! I do not think so at least this FY '11. Sorry for my pessimistic outlook !!! But that is the case.
If your 485 is approved, while your Spouse on H4 is out of country, who has not yet filed 485 and do not have AP, will not be able to travel as the non-immigration visa is void once your become a LPR. You might have to do a Consular process or file following-to-join you which could take significant time. It is better, she return immediately on H4 once you know your date will be current for following month in Visa Bulletin as Dept. of state at least release this data couple weeks ahead, Else you might end freeing a visa number to some one on line after you in EB2 category or for an EB3 person upgrading to EB2 :)
For immigration issues, my suggestion will always be to get counsel from an attorney then forum as each case is different.
If your 485 is approved, while your Spouse on H4 is out of country, who has not yet filed 485 and do not have AP, will not be able to travel as the non-immigration visa is void once your become a LPR. You might have to do a Consular process or file following-to-join you which could take significant time. It is better, she return immediately on H4 once you know your date will be current for following month in Visa Bulletin as Dept. of state at least release this data couple weeks ahead, Else you might end freeing a visa number to some one on line after you in EB2 category or for an EB3 person upgrading to EB2 :)
For immigration issues, my suggestion will always be to get counsel from an attorney then forum as each case is different.
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pappu
04-14 07:44 AM
We have a call today @ 7 PM EST if someone wants to send questions/be in the call
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waitnwatch
06-04 03:15 PM
As an F1 student you can surely apply for EB2-NIW. Being from India you will not be able to file an I-485 concurrently as EB2 priority dates are not current. On the other hand you may file for EB1-A and I-485 concurrently. Getting approval under any of these categories is not trivial though as there are a lot of things to prove to the USCIS's satisfaction.
One thing to note is that you may have trouble renewing an F1 visa from a consulate in India if you have a permanent residence petition pending. This is because an F1 visa is a non-immigrant visa with an intent to return to home country on completion of study. Filing for permanent residence will show that you are a potential immigrant and so donot fulfil the terms and condition for an F1 visa and will be a reason for denial.
Hope this help .........I'm not a lawyer though.
One thing to note is that you may have trouble renewing an F1 visa from a consulate in India if you have a permanent residence petition pending. This is because an F1 visa is a non-immigrant visa with an intent to return to home country on completion of study. Filing for permanent residence will show that you are a potential immigrant and so donot fulfil the terms and condition for an F1 visa and will be a reason for denial.
Hope this help .........I'm not a lawyer though.
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gcseeker2002
07-14 01:08 PM
Can someone confirm the same for BA via London?
London requires all travellers without valid visa stamping to have transit visa, hundreds of threads out there that discuss this.
London requires all travellers without valid visa stamping to have transit visa, hundreds of threads out there that discuss this.
more...
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kvrr
02-12 03:13 PM
Is it possible to transfer H1 from company A to B after I-140 approval and H1- 3 year extension and continue the GC process (apply for I-485 when date becomes current) with company A provided company A has no objections?
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upuaut8
01-30 11:38 PM
It's not the "swf" we're concerned with, it's the "fla", and it doesn't just do it with imported Swift3D stuff, but with jpg's and movie's and other imported media.
Try this experiment.
Open a blank Flash project. Save it as an FLA file, and note the file size.
Import a large jpg, then delete it from the stage, and from the library.
Save it again and compare file size again.
Try this experiment.
Open a blank Flash project. Save it as an FLA file, and note the file size.
Import a large jpg, then delete it from the stage, and from the library.
Save it again and compare file size again.
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lelica32
11-05 11:31 PM
Please send him letters to the following address:
Barack Obama
5046 S Greenwood Ave
Chicago, IL 60615-2806
Let him knows about our problems.
I will send tomorrow a letter.
Barack Obama
5046 S Greenwood Ave
Chicago, IL 60615-2806
Let him knows about our problems.
I will send tomorrow a letter.
deardar
09-14 10:25 AM
And why not?
Please allow me to answer your question when I see you in person.!:o
Please allow me to answer your question when I see you in person.!:o
number30
07-12 06:07 PM
THANK YOU VERY VERY MUCH FOR PRECISE REPLY BUEHLER but am I not within my legal right to work for any hospital branch because they are all with one name.
My final question would be YES I was told that I will have a new ID and new payroll number and a separate paycheck but what can be done to rectify this situation. Like do they have to amend the H1B petition(mine is a non-cap hospital--- a charity hospital).
My H1B stipulates that I am a full-timer with 40 hrs per week but starting from next week it is going to be 32 sometimes and 40 hrs some weeks as we are not seeing many patients into our hospital due to the economy,jobs etc.
What is the solution. Do I have to move to a different job or can there be a solution to work for the same company (in different branches)
at the yearend is it single w2? or two w2 from same employer ID? Your ID might be different But employer ID is important.
My final question would be YES I was told that I will have a new ID and new payroll number and a separate paycheck but what can be done to rectify this situation. Like do they have to amend the H1B petition(mine is a non-cap hospital--- a charity hospital).
My H1B stipulates that I am a full-timer with 40 hrs per week but starting from next week it is going to be 32 sometimes and 40 hrs some weeks as we are not seeing many patients into our hospital due to the economy,jobs etc.
What is the solution. Do I have to move to a different job or can there be a solution to work for the same company (in different branches)
at the yearend is it single w2? or two w2 from same employer ID? Your ID might be different But employer ID is important.
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