ImmiUser
11-30 05:17 PM
Hi,
I am a Doctor and working on EAD. I have a dependent EAD through my husband and PD is June 2002 EB3. As I am eligible to file under EB2, therfore just wanted to know if it is feasible to start my own GC processing under EB2 while working on EAD which was filed under EB3 category ? If its feasible to file another GC then would like to get further clarifications on below few points
1) Would I be able to port my old priority dates (June-2002) or do I have to file altogether a new application ?
2) Could there be any intruption to my current EAD or to my husband's EAD by filing a new GC application ?
3) If I won't be able to port old EB3 priority dates, is it still adviseable to file new GC application under EB2 ?
I am a Doctor and working on EAD. I have a dependent EAD through my husband and PD is June 2002 EB3. As I am eligible to file under EB2, therfore just wanted to know if it is feasible to start my own GC processing under EB2 while working on EAD which was filed under EB3 category ? If its feasible to file another GC then would like to get further clarifications on below few points
1) Would I be able to port my old priority dates (June-2002) or do I have to file altogether a new application ?
2) Could there be any intruption to my current EAD or to my husband's EAD by filing a new GC application ?
3) If I won't be able to port old EB3 priority dates, is it still adviseable to file new GC application under EB2 ?
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dave25
01-24 02:32 AM
Hi,
This is my case:
1. Came to States on H1B in Jan 2005 thru company A. Worked with company A till July 2005
2. Successfully transferred H1B to company B. Started working with them from July 2005. New I 797 was valid till July 2008. Filed for H1b Ext with company B in Feb 2008.
3. Came to visit India in May 2008 and also to stamp the H1b which was valid till July 2008 thru company B. Got RFE in Indian consulate in Bombay on June 2008 so couldnt travelled back to States.
4. RFE got cleared in Aug 2008 and by that time my H1B expired. Company B received an RFE on H1B extension. They said they cant reply for some reasons and they withdrew the application.
5. In Dec 2008, I filed for H1b extension from company C. Got an RFE to prove the legal status on H1B ext.
Please suggest, what are the chances of getting an approval. I know its little trickier but a straight forward case.
Regards
This is my case:
1. Came to States on H1B in Jan 2005 thru company A. Worked with company A till July 2005
2. Successfully transferred H1B to company B. Started working with them from July 2005. New I 797 was valid till July 2008. Filed for H1b Ext with company B in Feb 2008.
3. Came to visit India in May 2008 and also to stamp the H1b which was valid till July 2008 thru company B. Got RFE in Indian consulate in Bombay on June 2008 so couldnt travelled back to States.
4. RFE got cleared in Aug 2008 and by that time my H1B expired. Company B received an RFE on H1B extension. They said they cant reply for some reasons and they withdrew the application.
5. In Dec 2008, I filed for H1b extension from company C. Got an RFE to prove the legal status on H1B ext.
Please suggest, what are the chances of getting an approval. I know its little trickier but a straight forward case.
Regards
amyleu
06-18 12:55 PM
I filed the Labor Certification since September, 07 and got audited in November, 07. The response was sent to DOL in November, 07. I have not heard anything since then. Also, my H1B visa expired in the early of May, 08. I left US on April 28, 08. I�m very frustrated and depressed, and the lawyer is very unhelpful. I got questions as follows:
1) Should I refile the Labor Certification with my current employer in the new position? How about the audit? Should I request to DOL to withdraw the application first and refile the new one? Will my PD be changed according to the new filing date?
2) What would be the best way about H1B visa? I was out of US for one and a half month during these 6 years of H1B period. I heard that the vacation can be recapped, and I will be able to go back to US in the mid of July, 08 due to the pending PERM application for 365 days. In this case, should I start filing the H1B recapture with the H1 Extension now since my application will be pending for a year by the mid of July, 08 (include one and a half month times out of US). Otherwise, should I wait and start the application in the mid of July, 08?
3) If my Labor Certification is pending again till the end of one year extension (in the case of getting the approval on one year extension), do I have to leave US again?
4) I wonder if I should wait outside US for a year until the early of May, 09. Then, reapply the new 6 year- H1B visa again. Can my current employer do that for me? Would it be the better option comparing to the H1B recapture and H1B extension? In the case of starting the new application, when should I start the application? I heard the new H1B cap usually starts around the early of April and will be filled up within a couple days. Also, I have to wait for one year prior to applying for a new H1B, counting the day that my visa expired. So, does it mean that I have to wait till the early of May, 09 to be eligible to send the H1B application since the application will be rejected from USCIS in the case of submitting it prior to the early of May, 09 (one year rule)? Will the cap be filled up by then and what will I do?
Anybody, please advise. Thank you very much.
1) Should I refile the Labor Certification with my current employer in the new position? How about the audit? Should I request to DOL to withdraw the application first and refile the new one? Will my PD be changed according to the new filing date?
2) What would be the best way about H1B visa? I was out of US for one and a half month during these 6 years of H1B period. I heard that the vacation can be recapped, and I will be able to go back to US in the mid of July, 08 due to the pending PERM application for 365 days. In this case, should I start filing the H1B recapture with the H1 Extension now since my application will be pending for a year by the mid of July, 08 (include one and a half month times out of US). Otherwise, should I wait and start the application in the mid of July, 08?
3) If my Labor Certification is pending again till the end of one year extension (in the case of getting the approval on one year extension), do I have to leave US again?
4) I wonder if I should wait outside US for a year until the early of May, 09. Then, reapply the new 6 year- H1B visa again. Can my current employer do that for me? Would it be the better option comparing to the H1B recapture and H1B extension? In the case of starting the new application, when should I start the application? I heard the new H1B cap usually starts around the early of April and will be filled up within a couple days. Also, I have to wait for one year prior to applying for a new H1B, counting the day that my visa expired. So, does it mean that I have to wait till the early of May, 09 to be eligible to send the H1B application since the application will be rejected from USCIS in the case of submitting it prior to the early of May, 09 (one year rule)? Will the cap be filled up by then and what will I do?
Anybody, please advise. Thank you very much.
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nsd786
01-17 08:20 PM
labor filed in Oct 2004 approved in late 2007 .Filed I-140/I-485 in Aug 2007 .Any insights on the RFE issue
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ameryki
05-21 07:46 PM
FWIW as long as you are on H1 I think your family can always get a H4 visa outside the country based on your H1 status and reenter on H4 if that is also being considered.
eb3_nepa
05-27 11:53 AM
I am in a similar situation but since my receipt number is a Texas number I will write Texas Service Center. No point confusing the USCIS.
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bhanukumar
02-28 12:47 AM
Is that normal to have the same I-94 number on my renewed H1B and my wife's H4 approval notices?
Seems it is a mistake that my old I 94 is given in H4 extension application. Do I need to apply for correction? Any Lawyer / Member, please confirm. Thanks in advance.
Seems it is a mistake that my old I 94 is given in H4 extension application. Do I need to apply for correction? Any Lawyer / Member, please confirm. Thanks in advance.
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ramausa
09-04 05:13 PM
thanks for your reply.what do you mean by consular processing?
could i do anything to retain my L1 visa status?
my current H1 employer is least helpful.i am getting worried and would like to continue in L1 for few months until i get a suitable opportunity.pls tell me how i can do that.
pls help.
could i do anything to retain my L1 visa status?
my current H1 employer is least helpful.i am getting worried and would like to continue in L1 for few months until i get a suitable opportunity.pls tell me how i can do that.
pls help.
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royus77
04-23 06:21 PM
I was laid off by my employer( Big staffing company) and i am in the 2 weeks notice period . I am looking for any company( desi one - reasonable) who can sponsor my H1B and also start the GC process immediately .They should be able to work with most of the vendor ( corp-corp)
I am in my end of 6 th year and my employer is willing to give the approved 1 140 ( Eb2- Feb 2006 PD ) .
what are my best options right now .I am looking for some advise about good company with decent track record ?
I had pretty bad experience earlier with a chicago based desi company and then moved this big staffing firm . I am not looking for great marketing as i can manage myself.
Thanks
Royus
I am in my end of 6 th year and my employer is willing to give the approved 1 140 ( Eb2- Feb 2006 PD ) .
what are my best options right now .I am looking for some advise about good company with decent track record ?
I had pretty bad experience earlier with a chicago based desi company and then moved this big staffing firm . I am not looking for great marketing as i can manage myself.
Thanks
Royus
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gcisadawg
03-11 06:52 PM
lol
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zxcvb
07-23 09:17 PM
If they reject the application if a signature or something is missing. Can we refile again? Or do we wait for PD to become current again.
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virtual55
03-04 01:19 PM
Hi All,
We need to work towards fixing the USCIS Online Case Status System of Texas Service Center, lot of people are not receiving updates in email/website about their cases.
We need to work towards fixing the USCIS Online Case Status System of Texas Service Center, lot of people are not receiving updates in email/website about their cases.
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sundarpn
10-25 09:15 AM
I think it can be. When starting the employment based GC process, one of the question asked was ... has any family member ever applied for your immigration petition in the past. Just an educated guess... check with an attorney
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sanjay02
06-01 01:26 AM
Bumping it.....
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sukhyani
10-04 03:40 PM
My understanding is that USCIS pre-adjudicates every application and requests fingerprint/namecheck, even if the dates are not current. It is done to weed out denials right away - you don't need to wait for PD to become current to be denied.
So that means they are just going to pre-adjudicate his application and issue him his GC once the Visa numbers become current?
I was in this impression that they would start processing an application only when the PD of that application becomes current and hence the six months or more lead time.
So that means they are just going to pre-adjudicate his application and issue him his GC once the Visa numbers become current?
I was in this impression that they would start processing an application only when the PD of that application becomes current and hence the six months or more lead time.
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vikki76
04-05 12:02 PM
me neither though I have donated quite regularly. Well, it is upto Core to decide what to do- I guess. We can keep posting suggestions.
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shobaseshadri
01-09 01:33 PM
My husband recently changed jobs and has not updated the transfer in his H1 visa yet. I need to travel to India. Can i travel with the existing H4 with his new I-797 and salary stubs? Or do we have to updated the visas before we can travel?
Thanks.
Thanks.
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05-20 10:34 AM
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anilsal
12-08 11:26 PM
Getting name change while you are on Indian passport is a lot cheaper and easier than getting it done on US passport.
You get the name changed in Indian passport. Then you need to get a new I797. USCIS notifies SSA, who will issue you a new SSN card (you cannot get ssn changed directly).
I am not sure how much of this is an issue with GC process.
You get the name changed in Indian passport. Then you need to get a new I797. USCIS notifies SSA, who will issue you a new SSN card (you cannot get ssn changed directly).
I am not sure how much of this is an issue with GC process.
indianabacklog
04-02 01:06 PM
Simple answer is there is no such thing as a temprorary EAD. There used to be but they were eliminated some years ago.
You will just have to wait and hope. If however, the processing time exceeds 90 days you can take an infopass appointment and the local office will contact the service center to get things rolling.
You will just have to wait and hope. If however, the processing time exceeds 90 days you can take an infopass appointment and the local office will contact the service center to get things rolling.
godbless
11-27 03:52 PM
The interview process is independent of the way you made your appointment. Its just that you being a returning US worker need an early appointment at the US Consulate. Well, the appointment dates these days are already very easily available without any long waitings like before. Infact being a returning US worker, you should expect less number of questions from the counselor.
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