ivorycard
10-18 01:25 AM
Do you mean the first two digits of these two job codes:
13-2011.02 and 13-2011.01
So as per this law form, since they both start with a 13 we are good?
-R
Yes. That’s correct. You may switch job titles to any category starting from main category 13.
For peace of mind; my best advice to you is to reconfirm with an immigration Attorney. (You may try to post this question on any free chat sessions offered by leading immigration law firm/s).
Good Luck.
13-2011.02 and 13-2011.01
So as per this law form, since they both start with a 13 we are good?
-R
Yes. That’s correct. You may switch job titles to any category starting from main category 13.
For peace of mind; my best advice to you is to reconfirm with an immigration Attorney. (You may try to post this question on any free chat sessions offered by leading immigration law firm/s).
Good Luck.
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rvr_jcop
03-27 12:38 PM
Hi,
I have posted a couple of times regarding my earlier situation in other threads, but I decided to create a new thread since I haven't seen a similar case before. Here's my situation:
I was working for company A (consulting firm) on h1B since Oct 2005 and also have an approved Labor and 140 from A. I have applied for 485 in Jul 2007, and have valid EADs and APs (and extensions), but I wanted to maintain h1b status, since I have only used 3 years so far and I am the primary applicant, and my wife gave up her approved labor and h1b to work on EAD she got as a secondary applicant to my 485... so I really wanted to stay on H1B for that "Just in case" situation... I know I am paranoid ;)
So I applied for h1 extension in June 2008 with company A, but it was pending forever... contacted USCIS once in Nov 2008, but nothing happened... I got suspicious of the company's record since I was told that comp-A was under review by USCIS for excessive h1 usage, so I decided to transfer my h1b to Company B in Dec 2008 and invoked AC21 (sent the letter)... my original h1b has expired by then and so did my I-94, but since my h1 extension was still pending, I was told it would be ok.
In jan, USCIS sent an RFE for my transfer case requesting for various things like all my W2s since I started my h1b, EVLs from my client and Vendor, contracts between Client, Vendor and my Employer (B) etc., we also included my Paystubs for the last 6+ months and also for all of 2006 etc., and responded to the RFE in Feb, and it was again pending till mid March, when USCIS sent a similar RFE for my original extension case to company A. I no longer work with them, so I expect them to revoke my h1 petition.. so just to be safe, I applied for premium processing for my h1 transfer on Mar 13th and I got a second RFE on 3/19, which we got this week. This time USCIS sent something like this...
What is the status of your original h1 extension? (I thought they would know ;)), and since your I-94 has expired, we might have to transfer your case for Consular processing.. if we decide to do so, what is your choice for the consulate?
My lawyer said, they'll respond to the RFE explaining the current status, and also try to explain that I was in status all the time and request for COS instead of Consular Processing, but she says we have to let them know of the consulate in case they decide to transfer it over... and recommends that I chose Chennai (since company B is registered as BEP at Chennai).. she also said, since I have a valid EAD, I can choose to work on EAD if they decide to transfer my case to CP... and when I am ready to travel, I can go to Chennai to get my visa stamped and come back in H1b.
Is it true that I could do something like that? I thought once I use EAD, there's no going back. Someone please shed some light on this.
I have come to US for Masters and have worked on CPT and OPT for about 1.5 years before I got onto H1B. I was always paid well more than the LCA wage, and am currently being paid more than my approved labor wage. I have no problem in proving my legal status here, but as you can understand, I am worried and paranoid to go for stamping in these difficult times.. I am afraid they might come up with some reason to deny my entry/visa like 'there are so many citizens without job' etc.,
Any productive feedback is highly appreciated...
pal :)
Hey buddy, not to discourage you but, do you think its all worth when you have EAD in hand. I know you got 3 more years on H1-B but ask yourself a question and then make wise decision. Do you want to start all over again god forbid something happens to your 485?
I have posted a couple of times regarding my earlier situation in other threads, but I decided to create a new thread since I haven't seen a similar case before. Here's my situation:
I was working for company A (consulting firm) on h1B since Oct 2005 and also have an approved Labor and 140 from A. I have applied for 485 in Jul 2007, and have valid EADs and APs (and extensions), but I wanted to maintain h1b status, since I have only used 3 years so far and I am the primary applicant, and my wife gave up her approved labor and h1b to work on EAD she got as a secondary applicant to my 485... so I really wanted to stay on H1B for that "Just in case" situation... I know I am paranoid ;)
So I applied for h1 extension in June 2008 with company A, but it was pending forever... contacted USCIS once in Nov 2008, but nothing happened... I got suspicious of the company's record since I was told that comp-A was under review by USCIS for excessive h1 usage, so I decided to transfer my h1b to Company B in Dec 2008 and invoked AC21 (sent the letter)... my original h1b has expired by then and so did my I-94, but since my h1 extension was still pending, I was told it would be ok.
In jan, USCIS sent an RFE for my transfer case requesting for various things like all my W2s since I started my h1b, EVLs from my client and Vendor, contracts between Client, Vendor and my Employer (B) etc., we also included my Paystubs for the last 6+ months and also for all of 2006 etc., and responded to the RFE in Feb, and it was again pending till mid March, when USCIS sent a similar RFE for my original extension case to company A. I no longer work with them, so I expect them to revoke my h1 petition.. so just to be safe, I applied for premium processing for my h1 transfer on Mar 13th and I got a second RFE on 3/19, which we got this week. This time USCIS sent something like this...
What is the status of your original h1 extension? (I thought they would know ;)), and since your I-94 has expired, we might have to transfer your case for Consular processing.. if we decide to do so, what is your choice for the consulate?
My lawyer said, they'll respond to the RFE explaining the current status, and also try to explain that I was in status all the time and request for COS instead of Consular Processing, but she says we have to let them know of the consulate in case they decide to transfer it over... and recommends that I chose Chennai (since company B is registered as BEP at Chennai).. she also said, since I have a valid EAD, I can choose to work on EAD if they decide to transfer my case to CP... and when I am ready to travel, I can go to Chennai to get my visa stamped and come back in H1b.
Is it true that I could do something like that? I thought once I use EAD, there's no going back. Someone please shed some light on this.
I have come to US for Masters and have worked on CPT and OPT for about 1.5 years before I got onto H1B. I was always paid well more than the LCA wage, and am currently being paid more than my approved labor wage. I have no problem in proving my legal status here, but as you can understand, I am worried and paranoid to go for stamping in these difficult times.. I am afraid they might come up with some reason to deny my entry/visa like 'there are so many citizens without job' etc.,
Any productive feedback is highly appreciated...
pal :)
Hey buddy, not to discourage you but, do you think its all worth when you have EAD in hand. I know you got 3 more years on H1-B but ask yourself a question and then make wise decision. Do you want to start all over again god forbid something happens to your 485?
lostinbeta
10-21 02:27 AM
Awesome.
Nice start also :)
Nice start also :)
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buvane
09-10 07:32 PM
extended review = "we got your money , now dont bother us"
also means nothing is happening to your case!
Thanks!!! This is exactly what they are doing...Other side of funny part do you have any clue on how to come out of this to get my case picked up??
also means nothing is happening to your case!
Thanks!!! This is exactly what they are doing...Other side of funny part do you have any clue on how to come out of this to get my case picked up??
more...
gctoget
10-02 07:24 PM
Sorry, Socal IV members. I ahve been busy from ast few weeks and not been able to actively participate in SoCal IV Activities. This meeting must be a good brainstorming seesion for all new IV members!
Cheers IV!!!
Cheers IV!!!
himu73
08-14 12:47 PM
I support the theory part of your concept, but I dont think USCIS has the capability to implement it. I would rather say that , The earlier stages Labor and 140 might be more appropriate to apply your theory, wherein direct employees with bigger organizations will have faster approvals, which indirectly would makes their adjustment of status faster.
Also, as mentioned in the earlier post, being proactive with your case and having a good lawyer also affect the speed at which case is processed.
This is just my theory. When you don't have much information, you get to think of many theories and here is mine. I believe USCIS is approving direct employees of an organization. For example, they may be giving preference to Microsoft employee, rather than an employee of Patel and Patel INC. I know I may be wrong, but I am just pondering. How can someone explain a person with PD 05/03/2006 with RD 08/01/2007 has much preference over a person with PD 05/03/2006 with RD 07/20/2007? Am I missing something here? :confused::confused:
People may post their answers, proving that I am wrong.
Also, as mentioned in the earlier post, being proactive with your case and having a good lawyer also affect the speed at which case is processed.
This is just my theory. When you don't have much information, you get to think of many theories and here is mine. I believe USCIS is approving direct employees of an organization. For example, they may be giving preference to Microsoft employee, rather than an employee of Patel and Patel INC. I know I may be wrong, but I am just pondering. How can someone explain a person with PD 05/03/2006 with RD 08/01/2007 has much preference over a person with PD 05/03/2006 with RD 07/20/2007? Am I missing something here? :confused::confused:
People may post their answers, proving that I am wrong.
more...
adreg
06-05 08:41 AM
My last annual H1B extension ritual (8th year) took 10 months. The corresponding H4 extension was approved in 1 month though. No RFEs etc. Go figure :)
I am gearing up for this year's ritual again now -- hope its less than 10 months this year ..
I am gearing up for this year's ritual again now -- hope its less than 10 months this year ..
2010 tattoo butterfly.
485Mbe4001
12-17 06:20 PM
Look at the EB3 dates for Mexico for the last 4-6 months, they were all beyond april 2001 and still stuck for 4 months with little movement. Most people think that April 2001 sounds like a beacon of hope or a major hurdle after which things will be normal and we will start getting the GCs, i dont know how you can say EB3 moved fast, and for desis its a long long wait.
Now the biggest hurdle of Apr 30, 2001 is crossed. I am sure that not many people has filed between Sep 2001 and February 2002. Also if you look into PD for China and Phillipines, the dates moved very fast after June 2001. Lot of people applied in late 2002 and early 2003. My guess would be that it will take about 3 to 4 years to clear all the backlogs of 2003. For 2004 it may be over 5 years.
Now the biggest hurdle of Apr 30, 2001 is crossed. I am sure that not many people has filed between Sep 2001 and February 2002. Also if you look into PD for China and Phillipines, the dates moved very fast after June 2001. Lot of people applied in late 2002 and early 2003. My guess would be that it will take about 3 to 4 years to clear all the backlogs of 2003. For 2004 it may be over 5 years.
more...
lostinbeta
10-21 01:08 AM
It is much better now :)
Could still use some more around the center, there are a lot of large blank spaces. This is just a suggestion though.
Could still use some more around the center, there are a lot of large blank spaces. This is just a suggestion though.
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sajimm
08-16 11:21 PM
Me and my wife took the chest X-ray and didn�t take the TB skin test. Doctor has checked the �not taken� check box for the skin test and �negative� under the X-ray section in the medical report.
Wondering this is going to get us in trouble
Anyone else in the same situation?
PD 2003 April EB3
485 applied - June 27th, Receipt and FP notice received.
Wondering this is going to get us in trouble
Anyone else in the same situation?
PD 2003 April EB3
485 applied - June 27th, Receipt and FP notice received.
more...
tonyHK12
10-11 05:43 PM
until the economy improves, i am not too optimistic that something will happen in lame duck session
well there maybe some truth to this, but our situation is desperate, we can't afford to not give it our best, or stop trying.
'The best defense is a good offense'
- Sun Tzu - The Art of War
- Bruce Lee - Jeet Kune Do, Wing Chun
for CIR......some people are going to bash me for this, politics blah blah...
'Dont use a Cannon to kill a Mosquito'
- Confucious
Disclaimer, I'm an Indian
well there maybe some truth to this, but our situation is desperate, we can't afford to not give it our best, or stop trying.
'The best defense is a good offense'
- Sun Tzu - The Art of War
- Bruce Lee - Jeet Kune Do, Wing Chun
for CIR......some people are going to bash me for this, politics blah blah...
'Dont use a Cannon to kill a Mosquito'
- Confucious
Disclaimer, I'm an Indian
hot tatoo butterfly design.
Hey Ram GC
04-08 10:04 AM
Hi,
How many EB3 cases with PD before Dec 01 pending.
My PD is Oct 21st, 01, EB3 (India)
485 Filed in Jun'07, No LUD's since Aug'07
How many EB3 cases with PD before Dec 01 pending.
My PD is Oct 21st, 01, EB3 (India)
485 Filed in Jun'07, No LUD's since Aug'07
more...
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neelu
12-13 11:33 PM
Try the easy way first, which would be to go to the port of entry where you got the incorrect I-94 and request them politely. It is really in their hands if they want to correct it.
But then they usually tell you to go out of the country and get a new I-94. If you end up doing this, show the greatest expiration date, be it 797, or VISA, to the immigration officer.
Whatever it is, you need to fix your I-94. Keeping your current I-94 will put you out-of-status once the date expires. Why the complications?
But then they usually tell you to go out of the country and get a new I-94. If you end up doing this, show the greatest expiration date, be it 797, or VISA, to the immigration officer.
Whatever it is, you need to fix your I-94. Keeping your current I-94 will put you out-of-status once the date expires. Why the complications?
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krishna.ahd
02-08 11:12 AM
Thanks for your responses
I will check for Singapour Airlines deals.
Mean while I sent email to German Consulate in Atlanta, their reply was that if you have AP you dont need transit visa.
Also as I understand AMSTREDAM does not require transit visa? is it true?
Do you have any tentative dates for travelling ?? How flexible the dates are ??
BTW - i am not an travel agent nor related to any travel agency
I will check for Singapour Airlines deals.
Mean while I sent email to German Consulate in Atlanta, their reply was that if you have AP you dont need transit visa.
Also as I understand AMSTREDAM does not require transit visa? is it true?
Do you have any tentative dates for travelling ?? How flexible the dates are ??
BTW - i am not an travel agent nor related to any travel agency
more...
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SGP
03-25 03:02 PM
Congratulations on your freedom.
Folks,
I would like to share my success story of getting my I-485 application approved with a revoked/withdrawn I-140. We received our Green Cards and Welcome Letters in the mail yesterday. If you go through my profile, you should be able to get most of the information, but here it is anyway:
1] Company A applied for my LC followed by the I-140 application. We never got a chance to file I-485.
2] After I quite company A, they withdrew my I-140 application.
3] Company B started the process again with my labor application, followed by my new I-140 application. We didn't capture the older PD at this stage, but the A# was the same as the old one.
4] When we sent in our I-485 application, we included a letter describing that we would like to retain the older PD (we sent them a snippet of page 27 of the Field Adjudicator's Manual - Yates memo). In the interest of being transparent, we mentioned that the earlier I-140 was withdrawn by the previous employer. After an unrelated RFE, our case was finally approved last Friday (03/18).
I am sharing this information so that others who are stuck in a similar situation can use this as a datapoint in their struggle against the USCIS. I wish you all the very best in your Green Card journey.
Folks,
I would like to share my success story of getting my I-485 application approved with a revoked/withdrawn I-140. We received our Green Cards and Welcome Letters in the mail yesterday. If you go through my profile, you should be able to get most of the information, but here it is anyway:
1] Company A applied for my LC followed by the I-140 application. We never got a chance to file I-485.
2] After I quite company A, they withdrew my I-140 application.
3] Company B started the process again with my labor application, followed by my new I-140 application. We didn't capture the older PD at this stage, but the A# was the same as the old one.
4] When we sent in our I-485 application, we included a letter describing that we would like to retain the older PD (we sent them a snippet of page 27 of the Field Adjudicator's Manual - Yates memo). In the interest of being transparent, we mentioned that the earlier I-140 was withdrawn by the previous employer. After an unrelated RFE, our case was finally approved last Friday (03/18).
I am sharing this information so that others who are stuck in a similar situation can use this as a datapoint in their struggle against the USCIS. I wish you all the very best in your Green Card journey.
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leonqiu
06-14 09:06 PM
What do you mean by AP and EAD delayed? Once you have applied for your 485 and all things considered OK, you should get your AP and EAD. If dates retrogress again, you will have to keep renewing your AP and EAD till you get your GC. How long it will take to get AP and EAD? Right now, I believe it will take a lot longer, maybe upto 6 months given the load of apps. they will receive.
looks like the sooner you submit the package, the better !!! even if I don't harbor any hope to get my GC before mid-2008.
Status:
PD: May 2006
I-140 approved.
EB-2
looks like the sooner you submit the package, the better !!! even if I don't harbor any hope to get my GC before mid-2008.
Status:
PD: May 2006
I-140 approved.
EB-2
more...
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rvr_jcop
03-27 12:51 PM
I feel the same... but I'm not sure if I am ready to go back just yet. I spent beyond my means to get my masters and spent a couple of years just paying it back.
I might have some left in me to try again one more time and hoping that some reforms would happen which would help me then.
But yeah, I am not sure if I'll really go after that h1 if I have to go for stamping now.
pal :)
Oh, and also, consider the 'risk' involved in the underlying 485. If you have everything in place and all the documents such as LCA are proper, proved A2P etc...then the risk should be negligible. But again, you know that better than us. Good Luck.
In my case, I decided enough is enough. I am going back 'home' should something happen to my 485., in fact with a big smile.
I might have some left in me to try again one more time and hoping that some reforms would happen which would help me then.
But yeah, I am not sure if I'll really go after that h1 if I have to go for stamping now.
pal :)
Oh, and also, consider the 'risk' involved in the underlying 485. If you have everything in place and all the documents such as LCA are proper, proved A2P etc...then the risk should be negligible. But again, you know that better than us. Good Luck.
In my case, I decided enough is enough. I am going back 'home' should something happen to my 485., in fact with a big smile.
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gcformeornot
01-22 03:22 PM
Hello,
2) We are expecting a baby girl in March (who will be born American in Atlanta) and was wondering whether or not she could sponsored us (on our request being their parents and she would only be an infant), so that we could stay legally and request the Green Cards Family Based?
Thanks!
Daniel
can apply for your family based green cards only after she is 21 years old.
2) We are expecting a baby girl in March (who will be born American in Atlanta) and was wondering whether or not she could sponsored us (on our request being their parents and she would only be an infant), so that we could stay legally and request the Green Cards Family Based?
Thanks!
Daniel
can apply for your family based green cards only after she is 21 years old.
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I-485 approval
08-20 10:30 AM
I filed for I-485 under EB3 category in July 2007 and have a priority date of March 2003. Since EB3 is not moving at all. I applied in EB2 category and got I-140 approved based on my old Priority date(March 2003).
My attorney sent a letter to USCIS and requesting them to approve my case based on my approved I-140 (EB2) in July 2009. Since then we haven't recieved any communication from them.
My case is current as of Aug 1st 2009 but no LUD's on my case.
How would I know that USCIS have changed my case from EB3 to EB2.
I apperciate your response in this regard.
My attorney sent a letter to USCIS and requesting them to approve my case based on my approved I-140 (EB2) in July 2009. Since then we haven't recieved any communication from them.
My case is current as of Aug 1st 2009 but no LUD's on my case.
How would I know that USCIS have changed my case from EB3 to EB2.
I apperciate your response in this regard.
ilikekilo
01-08 04:04 PM
I think H1B quota should be decreased because lots of people available with no jobs in the market, it looks like survival of fittest, even person with good skill set not getting job immediately due to new new consulting company coming into market doing irregular things like less rates etc etc�����. to survive themselves.
kinda agree with u on this
kinda agree with u on this
gopi246
03-20 12:29 PM
Most likely SSA typed in wrong I-94 number and hence the verification would have failed from USCIS. Visit the local office again and ask them to verify all the information again. They can tell you the SSN in 2-3 days if everything checks out that should be enough to generate the payroll. The actual card takes 2-4 weeks.
Thanks a lot for your inputs. The SSA has sent a remainder once on Feb22 and the immigration have'nt reverted back yet. Is there an chance for me to contact immigtaion so that I can find what exactly went wrong. Once again Thanks for time and inputs.
Thanks a lot for your inputs. The SSA has sent a remainder once on Feb22 and the immigration have'nt reverted back yet. Is there an chance for me to contact immigtaion so that I can find what exactly went wrong. Once again Thanks for time and inputs.
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