kunallen
01-18 10:23 PM
Hi, all,
I think my situation is a little complicated as follow: while I am still in F1 status and visa (2.5 months before graduation), one company filed I-140 petition for me on EB3(May. 2006), I applied for OPT EAD card and got it approved on Sep, 2006. Then my previous I-140 got approved on Dec. 2006. And now I am using my OPT EAD working in another company, and will start my H1B application with the current company soon.
I am wondering if the previous I-140 application with previous company affects my current H1B application with my current company? Since it was filed while I was in F1 status(even before OPT EAD approval), some said it is not allowed...
I am really concerned about this now... please advise ..
Many many thanks
Edit/Delete Message
I think my situation is a little complicated as follow: while I am still in F1 status and visa (2.5 months before graduation), one company filed I-140 petition for me on EB3(May. 2006), I applied for OPT EAD card and got it approved on Sep, 2006. Then my previous I-140 got approved on Dec. 2006. And now I am using my OPT EAD working in another company, and will start my H1B application with the current company soon.
I am wondering if the previous I-140 application with previous company affects my current H1B application with my current company? Since it was filed while I was in F1 status(even before OPT EAD approval), some said it is not allowed...
I am really concerned about this now... please advise ..
Many many thanks
Edit/Delete Message
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samcam
05-24 12:55 PM
done...
hpandey
08-20 03:51 PM
I Still think we have a good chance atleast all those with priority date before today.
The economy is not improving and I doubt if it will in next 4-5 years. Even though there is slight improvent the jobless claims went up
U.S. Initial Jobless Claims Rose by 15,000 to 576,000 (Update1) - Bloomberg.com (http://www.bloomberg.com/apps/news?pid=20601087&sid=aMhGnVzXaSfM)
No way nurses and EB1 would count more than 5-6k per year....
Even out of the 30-40k like I said before about 50% would be from india and china (mostley Eb3) with later priority dates which puts them behind us
Eb2 Filings have drasticaally gone down because of the USCIS rule
Even after giving away all spill over visas to EB2 india and china they will have a lot of visas pending and If USCIS has made the decision that no Visa will go wasted period then we definitely have a great chance
Again my assumption is based on the FACT that USCIS has a policy that all employment Visa numebrs must be used
Lets keep it simple. In the next 4 years there will be 140k * 4 = 560K visas and I would say out of that the only ones with priority before Eb3 india and China are
Eb1 ROW +india & china
EB2 ROW
EB2 India + china (very limited new cases)
and I don't think the above categories would count more than 150k which should leave a lot of pending visas for Eb3
Which would leave a lot of Visa numbers for Eb3 India/china and ROW
Only time would tell if you are right or wrong but I like your view. Shows a ray of hope in an otherwise bleak outlook of the future.
:)
The economy is not improving and I doubt if it will in next 4-5 years. Even though there is slight improvent the jobless claims went up
U.S. Initial Jobless Claims Rose by 15,000 to 576,000 (Update1) - Bloomberg.com (http://www.bloomberg.com/apps/news?pid=20601087&sid=aMhGnVzXaSfM)
No way nurses and EB1 would count more than 5-6k per year....
Even out of the 30-40k like I said before about 50% would be from india and china (mostley Eb3) with later priority dates which puts them behind us
Eb2 Filings have drasticaally gone down because of the USCIS rule
Even after giving away all spill over visas to EB2 india and china they will have a lot of visas pending and If USCIS has made the decision that no Visa will go wasted period then we definitely have a great chance
Again my assumption is based on the FACT that USCIS has a policy that all employment Visa numebrs must be used
Lets keep it simple. In the next 4 years there will be 140k * 4 = 560K visas and I would say out of that the only ones with priority before Eb3 india and China are
Eb1 ROW +india & china
EB2 ROW
EB2 India + china (very limited new cases)
and I don't think the above categories would count more than 150k which should leave a lot of pending visas for Eb3
Which would leave a lot of Visa numbers for Eb3 India/china and ROW
Only time would tell if you are right or wrong but I like your view. Shows a ray of hope in an otherwise bleak outlook of the future.
:)
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ita
11-14 02:52 PM
Those giving the interview please make sure that the point that you put across is that though you lost job . could get another one but couldn't take it up/apprehensive about taking it up because of the AC21 uncertainty/GC uncertainty.
(Home owners)
Because of the above reason there is this confusion for the immigrant house owners which is forcing the foreclosure (like the post by alrbertpinto suggests)which wouldn't happen if the GC process was smooth and less time consuming.
If not careful about what should be highlighted and put across in the interview there is a chance of people picking up just three words "immigrants" "jobloss" "foreclosure" and start making unfair/unnecessary accusations like:
' Immigrants are contributing to foreclosures/housing crisis
What are the immigrants that lost jobs doing here when many of the citizens are losing jobs and are not able to find new jobs'
I'm not sure if this post will be any helpful but I just wanted to share these thoughts after reading the posts in this thread.
Thank you.
this point will be useful when finding a person who meets the criteria for the interview - atleast he/she should mention the point mentioned below ..and this has happened to many immigrants (i.e. their houses go to foreclosure as they have to leave the country because of GC delays).
-------
if the person (the one who will give interview) has lost his job and there is a danger that he will go out of status and this may/will cause his house to go to foreclosure.
the reporter can then get more attention by showing how GC delay is contributing to foreclosure crisis ..as more legal immigrants end up leaving their houses etc etc.
----
I am writing this in a hurry but I hope my point is clear ..actually few months back I read a post in IV from a Italian lady who was facing the above issue
(Home owners)
Because of the above reason there is this confusion for the immigrant house owners which is forcing the foreclosure (like the post by alrbertpinto suggests)which wouldn't happen if the GC process was smooth and less time consuming.
If not careful about what should be highlighted and put across in the interview there is a chance of people picking up just three words "immigrants" "jobloss" "foreclosure" and start making unfair/unnecessary accusations like:
' Immigrants are contributing to foreclosures/housing crisis
What are the immigrants that lost jobs doing here when many of the citizens are losing jobs and are not able to find new jobs'
I'm not sure if this post will be any helpful but I just wanted to share these thoughts after reading the posts in this thread.
Thank you.
this point will be useful when finding a person who meets the criteria for the interview - atleast he/she should mention the point mentioned below ..and this has happened to many immigrants (i.e. their houses go to foreclosure as they have to leave the country because of GC delays).
-------
if the person (the one who will give interview) has lost his job and there is a danger that he will go out of status and this may/will cause his house to go to foreclosure.
the reporter can then get more attention by showing how GC delay is contributing to foreclosure crisis ..as more legal immigrants end up leaving their houses etc etc.
----
I am writing this in a hurry but I hope my point is clear ..actually few months back I read a post in IV from a Italian lady who was facing the above issue
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nozerd
12-26 11:06 AM
OK so I was the original poster that spoke about my friend. Now I will give you some insight into my own case. I have been now in the US since 1991(though my PD is August 2001). Here are some details
Jan 1991 : Arrived in US as 19 yr old after completing Diploma in Engineering from India (10 plus 3).
1991- 1996: Took 5 yrs to complete 4 yrs degree as I was paying my own way. Working full time and studying full time on F1 visa.
1996 -1998 : Completed MBA. This time situation was better because I had financial aid and in state tuition.
1998-1999: Completed internship at an Investment Bank. Had to find another job because I Bank didnt want to do H1. Have been at current job since 1999.
2001: CVompany policy was to wait 2 yrs before applying for GC. So finally filed labor in 2001.
2005 : Labor finally approved from BEC. I 140 filed and approved.
June 2007 : 485 filed (as a 36 yr old)
Jan 1991 : Arrived in US as 19 yr old after completing Diploma in Engineering from India (10 plus 3).
1991- 1996: Took 5 yrs to complete 4 yrs degree as I was paying my own way. Working full time and studying full time on F1 visa.
1996 -1998 : Completed MBA. This time situation was better because I had financial aid and in state tuition.
1998-1999: Completed internship at an Investment Bank. Had to find another job because I Bank didnt want to do H1. Have been at current job since 1999.
2001: CVompany policy was to wait 2 yrs before applying for GC. So finally filed labor in 2001.
2005 : Labor finally approved from BEC. I 140 filed and approved.
June 2007 : 485 filed (as a 36 yr old)
sk2006
05-01 12:15 PM
Not sure if anyone experienced this, but on 2 computers this site, antivirus software detected a virus & my work PC (protected with McAfee) is not booting up, IT said my hard drive has been corrupted. My laptop survived with a freeware anti virus. Please don't give me reds, this is what happened to me, I just wanted to warn any unprotected members of IV.
Stop using Windows.
As long as windows are there, problems will be there...
I use Ubuntu and boot Windows only when I have to use something which can only be run on windows.
Stop using Windows.
As long as windows are there, problems will be there...
I use Ubuntu and boot Windows only when I have to use something which can only be run on windows.
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rk07
09-20 10:16 PM
Hi,
Are there any one who filed at NSC on July 23rd and not received the receipt so far?
Thanks,
-rk.
Are there any one who filed at NSC on July 23rd and not received the receipt so far?
Thanks,
-rk.
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jnicklo
04-18 12:06 AM
:thumb: :thumb: :thumb: :thumb:
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nogc_noproblem
05-12 01:59 PM
I have infact created a new thread sometime back specifically for EAD and AP direct filing address details.
http://immigrationvoice.org/forum/showthread.php?t=18959
http://immigrationvoice.org/forum/showthread.php?t=18959
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yabadaba
07-11 03:16 PM
whats going on today....all the law skirters are back...one is this thread the other is the labor substitution thread with 3 yr bachelor degrees....why dont u guys go back to immigration portal and get UN to help u with ur skirting the law issues
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d123
10-04 11:16 AM
Its true.. Unless you want to change Lawyer.
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snathan
02-11 12:17 AM
Please contribute....
http://immigrationvoice.org/forum/showthread.php?t=23597&page=1000
http://immigrationvoice.org/forum/showthread.php?t=23597&page=1000
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June05
10-19 11:07 AM
The memo says it has to be current.
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sasidhar79
09-23 01:46 PM
What do you think we should expect from a president who is "socially conservative" and "fiscally liberal".
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I expected Obama to be another FDR, but I now feel he is very far from being FDR.
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rolrblade
12-04 09:22 AM
Gurus,
Here is my situation:
I-140 approved - PD: May '06
I-485 filed - July 30 '07 (India)
EAD cards - Received
APs - Received
Due to a slowdown in their business, my employer is laying me off in Dec '07. I'm still short of 1 month to complete my 180 days of I-485 filling. However, they said they will not withdraw my I-140 and, to help me, will in fact keep me on their payroll until Jan '08, with my Jan '08 salary as my severance and my official status as on "paid leave". So far, so good.
I also have a job offer, and my new employer wants me to join them in Dec '07, on EAD. My question is: Can I be officially on the payroll of two companies simultaneously on H-1B and/or EAD? If yes, do I need to inform the USCIS of my status (new employer; AC21)? My other option is to say No to the new (attractive) job offer (or to try to convince them to wait until Feb '08, which they'll likely not agree to), and and take up another job in Feb '08, on EAD / H-1B transfer, using AC21. Please advise whether I'm fine with using the first option!!
Exultant, be a little careful with what you are doing here, since the basis for the 485 relies on the fact that there is INTENT on both sides (employee and employer) to take the job available at the time of filing. A company expresses this intent by keeping the I-140 active and not withdrawing, but there could be a question as to your intent with what you are stating to do.
I know you can counter argue this by saying that you are still on the original company's payroll in Jan 08, but when you file for AC21 in Feb 08 and show you new employer as the one in December, there is a question of intent.
I am not trying to scare you or sway your decision, all I am saying is there COULD be a question on your petition in which case be ready with the facts incase there is an interview.
Here is my situation:
I-140 approved - PD: May '06
I-485 filed - July 30 '07 (India)
EAD cards - Received
APs - Received
Due to a slowdown in their business, my employer is laying me off in Dec '07. I'm still short of 1 month to complete my 180 days of I-485 filling. However, they said they will not withdraw my I-140 and, to help me, will in fact keep me on their payroll until Jan '08, with my Jan '08 salary as my severance and my official status as on "paid leave". So far, so good.
I also have a job offer, and my new employer wants me to join them in Dec '07, on EAD. My question is: Can I be officially on the payroll of two companies simultaneously on H-1B and/or EAD? If yes, do I need to inform the USCIS of my status (new employer; AC21)? My other option is to say No to the new (attractive) job offer (or to try to convince them to wait until Feb '08, which they'll likely not agree to), and and take up another job in Feb '08, on EAD / H-1B transfer, using AC21. Please advise whether I'm fine with using the first option!!
Exultant, be a little careful with what you are doing here, since the basis for the 485 relies on the fact that there is INTENT on both sides (employee and employer) to take the job available at the time of filing. A company expresses this intent by keeping the I-140 active and not withdrawing, but there could be a question as to your intent with what you are stating to do.
I know you can counter argue this by saying that you are still on the original company's payroll in Jan 08, but when you file for AC21 in Feb 08 and show you new employer as the one in December, there is a question of intent.
I am not trying to scare you or sway your decision, all I am saying is there COULD be a question on your petition in which case be ready with the facts incase there is an interview.
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gg10004
07-19 04:04 PM
Nothing would be done until we fight the crap
USCIS will get their millions and sit on the files and get more millions through renewals. By that time your employer would have sucked the last drop of blood or keep finding new employers who will port your 485.
This is just a temporaray relief to feel good.
If they wanted you would automatically get a PR once you complete 5 years of legal work in US
Guys dont get trapped. Since USCIS is exposed now and forced to accept 1 million application for AOS, these things are coming up. USCIS and DHS are the pets of US Govt. Govt wont let them down under any circumstances.
Now that USCIS and DHS realized the moster coming on their head down the line in the name of GC / EAD / AP and they have maintained the lie with dis-honesty all these years that they could not process 485s because of the lack of resource, they have fallen flat on US Congress to bail them out. Whatever solutions they have had in their disposal all these years they are taking them out and discussing with congress. If they wanted to be really helpful to the highly skilled immigrants, they should have done this long back. All these days they all were anti-immigrants and the ex-director of USCIS was a active member of anti-immigrant community.
You dont have to do anything. Just sit and watch the fun with USCIS. They will come up with solutions and get it passed with congress and they know better than any one else that they are in trouble without solutions. Lots of LAWSUITS will follow in next few months if they dont do their job on time.
USCIS will get their millions and sit on the files and get more millions through renewals. By that time your employer would have sucked the last drop of blood or keep finding new employers who will port your 485.
This is just a temporaray relief to feel good.
If they wanted you would automatically get a PR once you complete 5 years of legal work in US
Guys dont get trapped. Since USCIS is exposed now and forced to accept 1 million application for AOS, these things are coming up. USCIS and DHS are the pets of US Govt. Govt wont let them down under any circumstances.
Now that USCIS and DHS realized the moster coming on their head down the line in the name of GC / EAD / AP and they have maintained the lie with dis-honesty all these years that they could not process 485s because of the lack of resource, they have fallen flat on US Congress to bail them out. Whatever solutions they have had in their disposal all these years they are taking them out and discussing with congress. If they wanted to be really helpful to the highly skilled immigrants, they should have done this long back. All these days they all were anti-immigrants and the ex-director of USCIS was a active member of anti-immigrant community.
You dont have to do anything. Just sit and watch the fun with USCIS. They will come up with solutions and get it passed with congress and they know better than any one else that they are in trouble without solutions. Lots of LAWSUITS will follow in next few months if they dont do their job on time.
more...
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gconmymind
04-25 03:55 PM
Hi folks !
need help .
I140 denied from NSC .got REF on 03/08 . Was for A2p.fellows got same RFE and got approved from same employer but mine got denied .Didnt get official notice yet .What are my options .please advise.
Im on 4 ye H1b .and have option to change employer and also have option to keep the same employer and work for another employer at the same time .
please advise !!!
Keep your options open regarding changing employers and file for an appeal if you can. Notice should tell you the reason for denial. What is your employer/attorney saying?
need help .
I140 denied from NSC .got REF on 03/08 . Was for A2p.fellows got same RFE and got approved from same employer but mine got denied .Didnt get official notice yet .What are my options .please advise.
Im on 4 ye H1b .and have option to change employer and also have option to keep the same employer and work for another employer at the same time .
please advise !!!
Keep your options open regarding changing employers and file for an appeal if you can. Notice should tell you the reason for denial. What is your employer/attorney saying?
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waitnwatch
07-14 08:31 PM
I would assume that these 10 days would be thousands of applications.
Hello,
I am sure others might have noticed that 485 processing dates at NSC (for example) have literally crawled from the beginning of the year to now. Here are the processing dates (per USCIS status).
https://egov.uscis.gov/cris/jsps/Processtimes.jsp?SeviceCenter=NSC
12/15/2007 Status - 04/24/2007
01/15/2008 - 07/19/2007
06/15/2008 - 07/28/2008
Thats roughly 9/10 days worth of 485 processing from mid-Jan to mid-Jun 2008. I wonder what the processing date looks like for the mid-July status update (which should probably be out tomorrow).
Hello,
I am sure others might have noticed that 485 processing dates at NSC (for example) have literally crawled from the beginning of the year to now. Here are the processing dates (per USCIS status).
https://egov.uscis.gov/cris/jsps/Processtimes.jsp?SeviceCenter=NSC
12/15/2007 Status - 04/24/2007
01/15/2008 - 07/19/2007
06/15/2008 - 07/28/2008
Thats roughly 9/10 days worth of 485 processing from mid-Jan to mid-Jun 2008. I wonder what the processing date looks like for the mid-July status update (which should probably be out tomorrow).
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kufloyd
06-13 07:04 PM
Hello,
My 485 status online just changed today. Here's the new message:
Application Type: I485, APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS
Current Status: This case is now pending at the office to which it was transferred.
The I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS was transferred and is now pending standard processing at a USCIS office. You will be notified by mail when a decision is made, or if the office needs something from you. If you move while this case is pending, please use our Change of Address online tool to update your case with your new address. We process cases in the order we receive them. You can use our processing dates to estimate when this case will be done, counting from when USCIS received it. Follow the link below to check processing dates. You can also receive automatic e-mail updates as we process your case. To receive e-mail updates, follow the link below to register.
--------
The previous message said that "my case was transfered from CA to NSC on Sept 12th 2007". I had been seeing the previous message for the past 9 months. Anyone knows what the new message means?
Coincidentally, I had called today and spoke with an IO to check on the status of my 485. He said that within 30-60 days it should get assigned to an officer. Would this have any bearing on the new status message? I see an LUD with today's date.
Thanks much for any help,
Kunal
My 485 status online just changed today. Here's the new message:
Application Type: I485, APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS
Current Status: This case is now pending at the office to which it was transferred.
The I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS was transferred and is now pending standard processing at a USCIS office. You will be notified by mail when a decision is made, or if the office needs something from you. If you move while this case is pending, please use our Change of Address online tool to update your case with your new address. We process cases in the order we receive them. You can use our processing dates to estimate when this case will be done, counting from when USCIS received it. Follow the link below to check processing dates. You can also receive automatic e-mail updates as we process your case. To receive e-mail updates, follow the link below to register.
--------
The previous message said that "my case was transfered from CA to NSC on Sept 12th 2007". I had been seeing the previous message for the past 9 months. Anyone knows what the new message means?
Coincidentally, I had called today and spoke with an IO to check on the status of my 485. He said that within 30-60 days it should get assigned to an officer. Would this have any bearing on the new status message? I see an LUD with today's date.
Thanks much for any help,
Kunal
meg_z
09-19 10:00 AM
My H1 B expires this December. My lawyer has filed for extension. Looks like I will get my extension approved only in Jan. He mentioned that I can work on a pending H1-B extension for 240 days. Is this true? Also can I get my DL renewed using the H1-B receipt notice? Gurus please advise.
You may want to go to your DMV and inquire. You may want to switch to premium processing at the end of Nov. if at that time it is still not approved, if you have to drive to work.
You may want to go to your DMV and inquire. You may want to switch to premium processing at the end of Nov. if at that time it is still not approved, if you have to drive to work.
skc526
02-13 07:47 PM
After some procrastination, finally i will be posting the mails out tomorrow. You guys are doing great jobs. I will talk around to my friends to send out too.:)
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