Green Card Aspirant
03-24 07:23 PM
I too fall in the same boat. I see one of them responding for this post that we can apply for premium processing. If we apply for premium processing before 6 months , does it raise any questions at USCIS ... why this guy is applying for premium processing ?? Are we eligible to apply H1 B Extension with premium processing before 6 months of H1 B Expiry ??
Thanks in advance
Thanks in advance
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vivache
11-01 08:42 PM
hi there.
I need to talk to an immigration lawyer.
Can you refer me an Immigration lawyer in San Jose/Bayarea?
Also how much does he/she charge per hour?
I read about the free immigration question/answer through IV. Is there anything for Nov? Thanks.
I need to talk to an immigration lawyer.
Can you refer me an Immigration lawyer in San Jose/Bayarea?
Also how much does he/she charge per hour?
I read about the free immigration question/answer through IV. Is there anything for Nov? Thanks.
buehler
07-18 02:02 PM
With the elimination of labor substitution, I am sure USCIS will investigate all existing labor substitution applications too. So if I were you I would not move to the new company before I-140 is approved.
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sanju_dba
01-07 02:17 PM
i see the estimate tool is showing
max weekly is $415
max benifits is $10k
I thought it was like 1/2 of your salary.
max weekly is $415
max benifits is $10k
I thought it was like 1/2 of your salary.
more...
IneedAllGreen
09-21 02:31 PM
Your story looks similar to mine. Before I go for my side of story let me tell you that going for premium is always good idea. I got my new I-140 (EB3) got approved within 2 weeks after we applied for my third green card process. Now with your labor and approve I-140 and remaining H1B visa you can go to new employer. I think you have plenty of time to go to new employer and transfer remaining time in your H1B. In between you can ask current employer not to revoke I-140 once it processed. This way you can later transfer dates from current GC process to new one. I think you are quite secure at this point of time to move to new employer. Just take in confidence with current employer for not to invoke I-140 until you transfer your date.
On my side of the story I did same thing (as explained above) in 2006 because of lay off . I had almost 1 year of time remaining on my H1B and had already crossed 6 years limit on H1B.). I did transferred my remaining H1B time to new employer (where I am right now) and started my GC process (2nd green card. I did not complete labor process or I-140 at my earlier employer so could not get transferred date). I got my labor approved for 2nd GC within few days of filling in late 2006 so my attorney filed for my H1B extension in 2007 for one more year based on my new labor. I don't know you call it luck that I got my extension of H1B for 1 more year based on new labor. As of now we have filed for 3rd GC for me because my I-140 got denied based on my education (A year ago we have appealed for the same)
In short what you can do is to go for premium proc for I-140 and transfer remaining H1 to new employer and try filling extension of H1 at new employer after it expires. Its little risky but like you said you might get laid off sooner or later. As always above information is from my experience but attorney can give you right advice. I did pay $200 to Murthy for advice on what to do while I was in your kind of situation in 2006.
Good luck.
My six year term of H-1B ends on 15th Nov 2011. My present employer is filling my I-140 ( as I am paying all the expenses) and the lawyer tells me that she will be able to file in 30 days in EB-2 ctaegory. However , now my job does not look very secure and I am afraid I might be laid off while my I-140 is pending. Thats why I am considering filing under premium processing by paying money out of my pocket.
My reasoning behind this is:
1) If laid off, with an approved I-140, I can apply for 3 year extension on a new H-1B with another employer and then work towards capturing my PD when time permits.
I realize I might have to go to H-4 to avoid getting out of satus while I am looking for new employer. Can anyone please guide if I have my bases covered or if there is a flaw in my reasoning. Should I go for premium processing or not.
Thanks
On my side of the story I did same thing (as explained above) in 2006 because of lay off . I had almost 1 year of time remaining on my H1B and had already crossed 6 years limit on H1B.). I did transferred my remaining H1B time to new employer (where I am right now) and started my GC process (2nd green card. I did not complete labor process or I-140 at my earlier employer so could not get transferred date). I got my labor approved for 2nd GC within few days of filling in late 2006 so my attorney filed for my H1B extension in 2007 for one more year based on my new labor. I don't know you call it luck that I got my extension of H1B for 1 more year based on new labor. As of now we have filed for 3rd GC for me because my I-140 got denied based on my education (A year ago we have appealed for the same)
In short what you can do is to go for premium proc for I-140 and transfer remaining H1 to new employer and try filling extension of H1 at new employer after it expires. Its little risky but like you said you might get laid off sooner or later. As always above information is from my experience but attorney can give you right advice. I did pay $200 to Murthy for advice on what to do while I was in your kind of situation in 2006.
Good luck.
My six year term of H-1B ends on 15th Nov 2011. My present employer is filling my I-140 ( as I am paying all the expenses) and the lawyer tells me that she will be able to file in 30 days in EB-2 ctaegory. However , now my job does not look very secure and I am afraid I might be laid off while my I-140 is pending. Thats why I am considering filing under premium processing by paying money out of my pocket.
My reasoning behind this is:
1) If laid off, with an approved I-140, I can apply for 3 year extension on a new H-1B with another employer and then work towards capturing my PD when time permits.
I realize I might have to go to H-4 to avoid getting out of satus while I am looking for new employer. Can anyone please guide if I have my bases covered or if there is a flaw in my reasoning. Should I go for premium processing or not.
Thanks
coopheal
11-05 06:10 PM
Bump
more...
willigetagc
08-15 08:33 AM
because many of the IOs are dumb high school grads with some additional training. They have been told that 2006 is current and so they pick all and only 2006.
is there any way we can get DOS to specifically state that 2006 and all prior years ARE CURRENT instead of just throwing out a current PD in a VB?
Thankfully, not all IOs are so dumb, hence the few pre-2006 approvals. What else could explain this anomaly..... :mad:
is there any way we can get DOS to specifically state that 2006 and all prior years ARE CURRENT instead of just throwing out a current PD in a VB?
Thankfully, not all IOs are so dumb, hence the few pre-2006 approvals. What else could explain this anomaly..... :mad:
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glus
02-05 02:16 PM
This rule is NOT yet in place. Please be careful when posting such messages. This 45-day rule was barely proposed. The bottom line is that if your I140 with the old priority date was approved and not canceled due to mispresentation or froud, you can port the old priority date when applying for the new I140.
G
G
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ski_dude12
12-02 01:10 AM
This is after the dates were pushed back to 2003. There was no movement for a few months. Hopefully they are starting to process the apps in order now.
Not really. There appears to be no orderly fashion. My PD is June 2007 EB2. I got an RFE on My I 485 in May 2008.
Not really. There appears to be no orderly fashion. My PD is June 2007 EB2. I got an RFE on My I 485 in May 2008.
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gcformeornot
10-06 08:40 PM
Hi,
I have approved H1 through consulate processing for the year 2009 and I am currently working on L1 visa which is going to expire on nov 2009.
My company is not going to extend my visa.Is there any speedy process where I can do COS with my approved H1 and how much will it cost to me?
Another thing I want to ask that Is it advisable for going back India for stamping as I heard that US consulate people are rejecting H1 B visa
Please advise
Thanks...
when you got H1 did you receive new I-94? If yes, then you should have been working with the employer who did your H1 and not L1 employer. If not you should be able to COS to H1 without issues.
I have approved H1 through consulate processing for the year 2009 and I am currently working on L1 visa which is going to expire on nov 2009.
My company is not going to extend my visa.Is there any speedy process where I can do COS with my approved H1 and how much will it cost to me?
Another thing I want to ask that Is it advisable for going back India for stamping as I heard that US consulate people are rejecting H1 B visa
Please advise
Thanks...
when you got H1 did you receive new I-94? If yes, then you should have been working with the employer who did your H1 and not L1 employer. If not you should be able to COS to H1 without issues.
more...
sunshine2007
08-27 04:49 PM
I sumited my wife's & my I140 and I485 together in this July 2nd, 2007. I'm the primary applicant and in EB3 category. I already got receipt and the requesting for fingerprinting. If i file a divorce now does it going to have any effect on my processing?
this is very important.
this is very important.
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check_name
07-24 07:32 PM
what's the full name of Murthy?
thanks!
Isn't Murthy in the DC Area?
thanks!
Isn't Murthy in the DC Area?
more...
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cinqsit
01-23 12:27 AM
If your company is paying why not go to India. If you have all the necessary paperwork, proper letters and your company is willing to provide any other documents like tax returns etc if needed stamping in India would be easier (they always prefer you go to your home country I guess its easier for them to evaluate and process your case) that being said I have had my H1 stamping done in Canada (because the company that I worked for didn't want me to be away from work more than a week), I had two done in India (both were a breeze) I have never been to Mexico for stamping so
dont know
Good luck!
cinqsit
dont know
Good luck!
cinqsit
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sundeep14
03-04 11:55 AM
Ok..is there a way to check if your name check has been cleared...i tried callin USCIS and the customer rep doesnt seem to have a clue..
more...
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pappu
05-13 09:30 AM
Please check the thread http://immigrationvoice.org/forum/forum16-iv-agenda-and-legislative-updates/184288-from-iv-access-to-donor-forum-issues.html
You would need to provide your information as directed by Starsun in the first post. Starsun has been keeping unwell these days and verifying information periodically. However within a few days, you would be added to the donor forum upon verification.
In the meantime, please join your state chapters and get active. http://immigrationvoice.org/index.php?option=com_content&task=view&id=72&Itemid=52
You would need to provide your information as directed by Starsun in the first post. Starsun has been keeping unwell these days and verifying information periodically. However within a few days, you would be added to the donor forum upon verification.
In the meantime, please join your state chapters and get active. http://immigrationvoice.org/index.php?option=com_content&task=view&id=72&Itemid=52
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vin13
01-13 12:16 PM
You can have 2 different applications for PERM from different prospective employers. It is just like filing for 2 different H1-B visas.
I believe, typically you apply for I-485 with one employer. So until then having multiple PERM or I-140 should be OK.
I do not have any personal experience with multiple filing.
I believe, typically you apply for I-485 with one employer. So until then having multiple PERM or I-140 should be OK.
I do not have any personal experience with multiple filing.
more...
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newon
07-21 11:52 PM
Thank you all for your replies !!!!
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PD_Dec2002
06-24 10:58 AM
Thanks janilsal.
We got married in a temple and returned the license to the County Clerk's office.
We can't mention martial status as married due to family reasons.
We are fine applying with martial status as single independently since both of our PD is current now.
Will they find this discrepancy martial status during background check? I'm unsure whether these will appear in the background check in the first place.
Please advice.
Thank you!
I recommend talking to a lawyer. Remember, that you (and your partner) are certifying and signing all forms. So, if you are legally married, it would be perjury to leave the "spouse" field as blank.
Thanks,
Jayant
We got married in a temple and returned the license to the County Clerk's office.
We can't mention martial status as married due to family reasons.
We are fine applying with martial status as single independently since both of our PD is current now.
Will they find this discrepancy martial status during background check? I'm unsure whether these will appear in the background check in the first place.
Please advice.
Thank you!
I recommend talking to a lawyer. Remember, that you (and your partner) are certifying and signing all forms. So, if you are legally married, it would be perjury to leave the "spouse" field as blank.
Thanks,
Jayant
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JA1HIND
01-24 01:44 PM
Yeh you guys are right, almost everyone is doing it. Don't know whats up with her.....
If I was you, would give a second thought or have a plan B in place to switch to better attorney who at least knows some basic not like your current lawyer....(ask your lawyer to take some crash course & refresh her memory!!!)
not to scare you but a friendly advise you many want to re-think about this attorney who filed your 140/485 and don't know what type of damage she must have already done with your application and having good attorney will at least helpful if something goes wrong (for god's NOTHING wrong should happen to you or anyone in this whole GC process). this GC journey it self is a toucher!!
If I was you, would give a second thought or have a plan B in place to switch to better attorney who at least knows some basic not like your current lawyer....(ask your lawyer to take some crash course & refresh her memory!!!)
not to scare you but a friendly advise you many want to re-think about this attorney who filed your 140/485 and don't know what type of damage she must have already done with your application and having good attorney will at least helpful if something goes wrong (for god's NOTHING wrong should happen to you or anyone in this whole GC process). this GC journey it self is a toucher!!
desigc
01-08 04:57 PM
Thanks Pointlesswait
I have about 3 months left on H1b. From your post, it seems that I shud file for extension ASAP and if layoff happens...transfer H1..
Did I interpret you correctly?
When you apply for H1 transfer..they transfer the current H1.
If you have more than 6 months on ur H1 you cannot apply for extension..
when you file for transfer.
So better option would be:
a.) Transfer H1...and then file for extension.
b.) Or file for extension and then change jobs...
if you havent filed for 485.. then you have to restart the GC..and recapture your PD.... i used the option B.
hope this helps
I have about 3 months left on H1b. From your post, it seems that I shud file for extension ASAP and if layoff happens...transfer H1..
Did I interpret you correctly?
When you apply for H1 transfer..they transfer the current H1.
If you have more than 6 months on ur H1 you cannot apply for extension..
when you file for transfer.
So better option would be:
a.) Transfer H1...and then file for extension.
b.) Or file for extension and then change jobs...
if you havent filed for 485.. then you have to restart the GC..and recapture your PD.... i used the option B.
hope this helps
cool_guy_onnet1
03-12 02:36 PM
One says, I can only remove my Future employer "X", who has filed for my GC, and carry my Priority Date , AFTER I get new PERM and new I140 from the new company.
Other one says, don't worry just move to new Employer and I don't need to refile PERM and I140.
Both lawyers are mentioned over 10 times on this web-site and both are VERY reputed.
I have NEVER worked for employer X, It was a future position and I may still join them.
I have approved 140 and 485 is pending for about 9 months.
EAD is approved and so is AP.
Please help guys!
Other one says, don't worry just move to new Employer and I don't need to refile PERM and I140.
Both lawyers are mentioned over 10 times on this web-site and both are VERY reputed.
I have NEVER worked for employer X, It was a future position and I may still join them.
I have approved 140 and 485 is pending for about 9 months.
EAD is approved and so is AP.
Please help guys!
