indio0617
12-13 12:53 PM
Surprising right? May be this is the first time anyone would have posted this kind of post but yes I am in that situation.
I am EB2 and retrogressed with I-140 cleared. I am working for a client and they are willing to take me in and process my fresh green card. I am not too keen about it because they said they can file only on EB3.
My PD is Sept 2005. Now can you guys give our your honest opinion in what you would have done if you were in similar situation. The client is a good top 10 client and you will have a stable job that is garunteed.
Appreciate your thoughts to help my plan.
Given the gross uncertainity about retrogression and GC, I would not give undue importance to the GC timeline factor. Eventually job / skills are more important than the distant GC.
I was in a similar situation a few months back. I abandoned my GC process with my former employer for a new and much more promising job. I am yet to start the GC process with the new employer. For me JOB was the deciding factor.
My reasoning was simple:
In the current scenario with a broken immigration system if we are to maintain our sanity and move on in our careers , we have to stop thinking that GC is above everything. Work on it as much as you can, but do not miss out on good career moves.
Do what you feel is best for you and what you can make peace with. My 2 cents..
I am EB2 and retrogressed with I-140 cleared. I am working for a client and they are willing to take me in and process my fresh green card. I am not too keen about it because they said they can file only on EB3.
My PD is Sept 2005. Now can you guys give our your honest opinion in what you would have done if you were in similar situation. The client is a good top 10 client and you will have a stable job that is garunteed.
Appreciate your thoughts to help my plan.
Given the gross uncertainity about retrogression and GC, I would not give undue importance to the GC timeline factor. Eventually job / skills are more important than the distant GC.
I was in a similar situation a few months back. I abandoned my GC process with my former employer for a new and much more promising job. I am yet to start the GC process with the new employer. For me JOB was the deciding factor.
My reasoning was simple:
In the current scenario with a broken immigration system if we are to maintain our sanity and move on in our careers , we have to stop thinking that GC is above everything. Work on it as much as you can, but do not miss out on good career moves.
Do what you feel is best for you and what you can make peace with. My 2 cents..
wallpaper Canadian pop singer Justin
glus
03-19 11:47 AM
My LCA was approved in July 2007.
My lawyer sent the I-14 application to USCIS in January 2008 before the 180 day period but my employer dated the USCIS fee check as 2005.
The USCIS returned the application asking us to re-send the application with a new check.
My lawyer sent the application again with a new check but by the time this application reached USCIS the 180 day period was over and USCIS returned the application again stating that my 180 period is over and they cannot accept the I-140 application now.
I am in the process of filing a fresh Labor Cert again. I guess now I will get a priority date of July 2008 and therefore I am losing 1 whole year in this process.
Is there a way out and will USCIS accept my application? The bad part here is the first application sent was before time but the check date was wrong.
All suggestions are highly appreciated.
Legally, USCIS can not accept an I140 with an expired Labor. If they do so, they will only do that under very unusual circumstances. For example, mail was lost etc. It is going to be hard to get I140 receipted if labor is expired by even one day :-(.
My lawyer sent the I-14 application to USCIS in January 2008 before the 180 day period but my employer dated the USCIS fee check as 2005.
The USCIS returned the application asking us to re-send the application with a new check.
My lawyer sent the application again with a new check but by the time this application reached USCIS the 180 day period was over and USCIS returned the application again stating that my 180 period is over and they cannot accept the I-140 application now.
I am in the process of filing a fresh Labor Cert again. I guess now I will get a priority date of July 2008 and therefore I am losing 1 whole year in this process.
Is there a way out and will USCIS accept my application? The bad part here is the first application sent was before time but the check date was wrong.
All suggestions are highly appreciated.
Legally, USCIS can not accept an I140 with an expired Labor. If they do so, they will only do that under very unusual circumstances. For example, mail was lost etc. It is going to be hard to get I140 receipted if labor is expired by even one day :-(.
satishku_2000
06-15 10:41 PM
1. First USCIS has to collect tons of applications that will be filed .
2. They have to issue receipt number for all of them , which needs data entry . I am guessing at least it will take 5 more months to issue receipts.
3. They should start processing tons of APs and EADs , I will not be surprised if they introduce premium processing for these two.
4. Once receipts are issued they probably sort according to the priority date . This sorting may take anywhere between 6 to 9 months.
5. Once sorted they start the initial processing . Meanwhile your FPs/693 might have expired so they will send a letter or RFE (FOR USCIS your application can not go forward ...)
6. So dont expect anything to happen in 4 to 5 years even if your priority date is 2001.
Only thing I hope is you have not been waiting for GC since 2001. Hope you entered the game later than that ...
Good luck with everything
2. They have to issue receipt number for all of them , which needs data entry . I am guessing at least it will take 5 more months to issue receipts.
3. They should start processing tons of APs and EADs , I will not be surprised if they introduce premium processing for these two.
4. Once receipts are issued they probably sort according to the priority date . This sorting may take anywhere between 6 to 9 months.
5. Once sorted they start the initial processing . Meanwhile your FPs/693 might have expired so they will send a letter or RFE (FOR USCIS your application can not go forward ...)
6. So dont expect anything to happen in 4 to 5 years even if your priority date is 2001.
Only thing I hope is you have not been waiting for GC since 2001. Hope you entered the game later than that ...
Good luck with everything
2011 Guitarist Dan Kanter?,
pezz77
05-24 09:09 AM
I thought this would be the most appropriate place to post.
I am on my 3rd year of H1-B (non-technical field), just moved to a new company and was going to start my process toward getting a gc in the next month or so. Now, with all of this, I am very confused.
Do you folks think that it is most appropriate to sit tight and wait to see what happens? or to just go for it now?
I'd appreciate your input, as I have to make a decision soon.
I am on my 3rd year of H1-B (non-technical field), just moved to a new company and was going to start my process toward getting a gc in the next month or so. Now, with all of this, I am very confused.
Do you folks think that it is most appropriate to sit tight and wait to see what happens? or to just go for it now?
I'd appreciate your input, as I have to make a decision soon.
more...
mrdelhiite
07-13 08:29 AM
and marry a celebraty
or work hard and support IV :)
-M
PS: good things come to those who wait
or work hard and support IV :)
-M
PS: good things come to those who wait
BharatPremi
07-27 02:37 PM
After EAD is approved, H4 can work anywhere in any job.
O.K. Once you get EAD being a H4 Visa holder you can do multiple jobs in multiple field as you were having H4 status. But now if you are having H1 status then you can do multiple jobs with all jobs having similar description to the job description for what your original employer filed your green card (485).
Now real question should be "Should I use EAD or Should I be on H1/H4?"
If U choose to use your EAD than from that moment your H status expires. In normal circumstances you would not care. But in reality your 485 process will still continue for years and say unfortunately something bad happen to your 485 process and get denied then you will have one choice that is to leave USA. But if you have maintained your H status not using EAD then in that kind of scenario you still keep working and staying in USA.
O.K. Once you get EAD being a H4 Visa holder you can do multiple jobs in multiple field as you were having H4 status. But now if you are having H1 status then you can do multiple jobs with all jobs having similar description to the job description for what your original employer filed your green card (485).
Now real question should be "Should I use EAD or Should I be on H1/H4?"
If U choose to use your EAD than from that moment your H status expires. In normal circumstances you would not care. But in reality your 485 process will still continue for years and say unfortunately something bad happen to your 485 process and get denied then you will have one choice that is to leave USA. But if you have maintained your H status not using EAD then in that kind of scenario you still keep working and staying in USA.
more...
greatzolin
10-24 01:27 PM
Mine got ordered and then got approved on back on october 1st but still I have not received it yet. We have AP but not my EAD card. Anyone in same boat?
Thanks in advance!
Salud!
Thanks in advance!
Salud!
2010 Teen singing sensation Justin
amdn123
11-08 11:38 AM
Hi everyone,
I am trying to reschedule my H1B appointment as my contact in mumbai failed to deliver the DS-156 and DS-157 to the consulate in time (5 business days prior). However, I can't book a new one till the old one is cancelled and the system won't let me cancel 5 business days or less before the current appointment. Does anyone know what to do? It must have happened to someone before? I really need to get back to the US in 10 days.
Thanks!!
I am trying to reschedule my H1B appointment as my contact in mumbai failed to deliver the DS-156 and DS-157 to the consulate in time (5 business days prior). However, I can't book a new one till the old one is cancelled and the system won't let me cancel 5 business days or less before the current appointment. Does anyone know what to do? It must have happened to someone before? I really need to get back to the US in 10 days.
Thanks!!
more...
acecupid
06-25 11:13 AM
I believe you should be ok since you are travelling and returning before expiry of old AP. You should be physically present in the US during application of new AP. Once you have the receipt for new AP, you should be good to go.
hair JB and Dan Kanter playing
tikka
05-29 09:40 PM
I went to the web fax link from the home page and sent out the only web fax that was there.
to all the states right?
i mean you can click on on each state and send one by one
this would really help. we are trying to send 3,000 faxes and your contribution would be be great!
thank you
to all the states right?
i mean you can click on on each state and send one by one
this would really help. we are trying to send 3,000 faxes and your contribution would be be great!
thank you
more...
rajuseattle
08-04 01:23 PM
Sorry to hear about your friend's situation.
From your answers it looks like she is on H-4 which is dependent spouse for H1B.
If she is qualified enough ask her to find a new employer who is willing to sponsor her a H1B.
She can transfer her status from H-4 to H1B and it will not be counted against the annual H1B quota.
Once she finds new employer she can start her GC process.
If she cant find job here and be in H1B status, the only option is to go back to her Home country...or another option is to remarry with someone who has legal status here and then she can derive the dependent status.
From your answers it looks like she is on H-4 which is dependent spouse for H1B.
If she is qualified enough ask her to find a new employer who is willing to sponsor her a H1B.
She can transfer her status from H-4 to H1B and it will not be counted against the annual H1B quota.
Once she finds new employer she can start her GC process.
If she cant find job here and be in H1B status, the only option is to go back to her Home country...or another option is to remarry with someone who has legal status here and then she can derive the dependent status.
hot The best Justin Bieber - Dan kanter
raju6855
02-06 09:49 AM
What number do you call?
Thx
Thx
more...
house Thank You Dan Kanter,
ss777
12-01 07:35 PM
It sometimes take longer than few days. During my years of getting AP's every year there are times I had my AP in hand within 3 days to almost 20 days. I am confident you will get your AP document much before the end of the month. Good luck with your travel plans.
tattoo Dan Kanter performing his Jimi
ivgclive
05-11 03:43 PM
Don't count on USCIS to do something to eliminate backlog. They are idiots and inefficient morons.
Please tell us what made yourself to file on NIW category.
Please tell us what made yourself to file on NIW category.
more...
pictures Justin Bieber sang at the wedding ceremony of Dan Kanter in 2010.
anishNewbie
09-10 06:07 PM
MS+0--hard to sell to DOL, particularly in current economic condition, as unemployment rates are in double digits. It is also depends on the location of the job. DOL may belive that they can't find US citizen with MS+0, for the job in Alaska. !00% they wont belive if the job is in michigan or california, where the unemployment rate is very high.
Wow.. this is worrying factor...:( :confused: :(
I hope there would be some1 here in this forum who would have passed the Labor, I-40 or GC test with just MS+0 experience with EB2 category...
Wow.. this is worrying factor...:( :confused: :(
I hope there would be some1 here in this forum who would have passed the Labor, I-40 or GC test with just MS+0 experience with EB2 category...
dresses Mazel tov! Justin gets on
StuckInTheMuck
07-15 02:14 PM
H4 status ends the moment you start using EAD for employment. You would need to use AP for travel and re-entry.
This is correct. Status changes from H4 to AOS the moment one starts working on EAD.
This is correct. Status changes from H4 to AOS the moment one starts working on EAD.
more...
makeup of his guitarist, Dan Kanter, . Justin danced the traditional Jewish
IV_Friend
03-29 04:39 PM
Dear Attorney,
My Brother is working Employer "X" on H1B.
His employer started his Green Card Processing in 2007.
His Labor (PD 2007) and 140 are approved by 2008.
Because of some reasons he had leave the employer "X" and Join Employer "Y".
Employer Y, willing to start green card process.
Can my brother use prior Priority Date?
Please advice. I Appreciate your help.
My Brother is working Employer "X" on H1B.
His employer started his Green Card Processing in 2007.
His Labor (PD 2007) and 140 are approved by 2008.
Because of some reasons he had leave the employer "X" and Join Employer "Y".
Employer Y, willing to start green card process.
Can my brother use prior Priority Date?
Please advice. I Appreciate your help.
girlfriend Justin Bieber and Dan Kanter at Hawaii Concert Soundcheck 10/09/10
adGurkha
01-17 12:28 PM
Thank you for your response,
I am thinking about using some agency like H&R block to get my taxes done becasue I am not familiar with the ITIN and all the other stuff related to filing Tax with H4 for the first time. The reason I was little heistant about this is sometimes these people who are filing the tax are not familiar with this process since they don't get that many cases like ours in which case they tend to make it more complicated than it is.
I am thinking about using some agency like H&R block to get my taxes done becasue I am not familiar with the ITIN and all the other stuff related to filing Tax with H4 for the first time. The reason I was little heistant about this is sometimes these people who are filing the tax are not familiar with this process since they don't get that many cases like ours in which case they tend to make it more complicated than it is.
hairstyles Singer Justin Bieber hugs
ca_immigrant
06-23 08:08 PM
Guys,
Lets focus energies on "Reuniting Families Act". Use this word. Its important. Visa recapture is part of it, but emphasize "FAMILY".
We need this bill and 350,000 VISAS that come with it. We have to make sure that those VISAs don't need to used 'per country' basis. Those VISAs must be distributed to whoever is in line, no matter which country they belong to.
IV core, please focus on this. We need this bill and all those recaptured VISAs can be used for anyone in the line, pre-adjudication complete and held-up because there is no VISA, irrespective of the changeability.
Core, please help -:)
One other quick question, I had done a one time donation in the past, but my status does not say donor, does one time donation do that or you have to be recurring donor ?
Lets focus energies on "Reuniting Families Act". Use this word. Its important. Visa recapture is part of it, but emphasize "FAMILY".
We need this bill and 350,000 VISAS that come with it. We have to make sure that those VISAs don't need to used 'per country' basis. Those VISAs must be distributed to whoever is in line, no matter which country they belong to.
IV core, please focus on this. We need this bill and all those recaptured VISAs can be used for anyone in the line, pre-adjudication complete and held-up because there is no VISA, irrespective of the changeability.
Core, please help -:)
One other quick question, I had done a one time donation in the past, but my status does not say donor, does one time donation do that or you have to be recurring donor ?
micofrost
07-16 02:59 PM
Hi,
My CP interview has been sceduled at New Delhi consulate on Aug 26. I do not have any PCC (Police Clearance Certificate). can I get it in India from local Police station. I know it would be possible in India after giving Rs 100- 200. Anybody please give me the format of this certificate which I should ask them to prepare
Please let me know if PCC is must from US consulate only
Admin :
This kind of question should be banned. You should have some self-respect and show the same towards your native country. If you know you can do it, whats the point of making it public. Go get it done. Are you asking IV to pay the sum on your behalf also ?
My CP interview has been sceduled at New Delhi consulate on Aug 26. I do not have any PCC (Police Clearance Certificate). can I get it in India from local Police station. I know it would be possible in India after giving Rs 100- 200. Anybody please give me the format of this certificate which I should ask them to prepare
Please let me know if PCC is must from US consulate only
Admin :
This kind of question should be banned. You should have some self-respect and show the same towards your native country. If you know you can do it, whats the point of making it public. Go get it done. Are you asking IV to pay the sum on your behalf also ?
sertasheep
05-24 09:27 PM
Aman, Shilpa, et al, keep it up.
I mailed the writer, Jenny Johnson at ft.com, and she has said they will issue a correction in the paper. (Just so that no one else sends a duplicate email to her).
(My mail)
Hello Ms. Johnson,
In your article on greencard backlog, the name of the non-profit organization has been incorrectly mentioned. The correct name is Immigration Voice, and not Immigrant Voice.
(Her mail)
My apologies for misstating the group's name. We will issue a correction in the paper.
I mailed the writer, Jenny Johnson at ft.com, and she has said they will issue a correction in the paper. (Just so that no one else sends a duplicate email to her).
(My mail)
Hello Ms. Johnson,
In your article on greencard backlog, the name of the non-profit organization has been incorrectly mentioned. The correct name is Immigration Voice, and not Immigrant Voice.
(Her mail)
My apologies for misstating the group's name. We will issue a correction in the paper.
