vikki76
08-24 11:36 PM
A friend of mine has PhD in aeronautics from a top tier university here in US. He will be soon starting teaching in a university and planning to file his GC under EB-1.
Are there any risks in getting I-140 approved under EB-1? or just having a PhD does not automatically qualify anyone under EB-1 category.?
Since he is born in India so reluctant to file under EB-2 due to endless wait.
Are there any risks in getting I-140 approved under EB-1? or just having a PhD does not automatically qualify anyone under EB-1 category.?
Since he is born in India so reluctant to file under EB-2 due to endless wait.
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anilsal
01-03 12:00 PM
http://www.indiapost.com/members/sto...?story_id=5938
The Indian PM asking for liberalized immigration in the developed world.
The Indian PM asking for liberalized immigration in the developed world.
sendmailtojk
11-11 03:54 PM
I was recently approved for an employment based GC. Along with me, my wife and < 21 daughter got too. My EB2 labor was applied in Apr 2003 when my son had just crossed 21 years of age (March 1).
When it was time to apply for our I-485s in Aug 2007, the attorney opined that because he had crossed 21 years of age at the time labor was applied, they could not file an I-1485 for him. Not knowing any better, we complied.
Talking to friends I discovered that my attorney was possibly wrong. And that I could have.....
Is my attorney's opinion correct? If not, what can I do now?
Cheers
When it was time to apply for our I-485s in Aug 2007, the attorney opined that because he had crossed 21 years of age at the time labor was applied, they could not file an I-1485 for him. Not knowing any better, we complied.
Talking to friends I discovered that my attorney was possibly wrong. And that I could have.....
Is my attorney's opinion correct? If not, what can I do now?
Cheers
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lacrossegc
12-11 08:52 PM
Hey how about putting in an ad in craig's list for IV. This would draw more members and hopefully more contributions
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newbie2020
10-13 02:43 PM
You can count me in...
By the way it makes more sense to meet Senator Arlen Specter since he is also on Senate Judiciary committee...
Committee Members (http://judiciary.senate.gov/about/members.cfm)
By the way it makes more sense to meet Senator Arlen Specter since he is also on Senate Judiciary committee...
Committee Members (http://judiciary.senate.gov/about/members.cfm)
BonoVox627
08-01 11:09 PM
Also here is my site for DontAsk Inc. Films. The one that puts out the Star's War films.
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http://www.freewebs.com/dontask00/index.htm
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eastindia
02-22 08:51 AM
Any updates anyone?
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digital2k
08-04 01:03 AM
*
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AnishD
04-02 10:47 PM
I dont think so since someone is doing premium processing, the chances of getting RFE are more. Rather i read in other posts that we should go for Premium processing as it is faster and we come to know the result of the case quickly rather that awaiting for weeks/months.
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aniraj
02-07 01:10 PM
Just for the information & thought would share the experience:
My wife & Daughter visited CAnada: my wife with a valid H4 stamp till Jun 2011 & my daughter with AP since she had no stamp of H4 in her passport (She had a renewed H4 I 539 but did not restamp)
While going we went to the check in counter & asked the lady at check in counter to remove the I-94's
While coming at Toronto airport my wife got the new I-94 stamped till June 2011 at the immigration counter & then she went to secondary inspection room with my daughter for her AP & I-94 stamp. Other thatn an hr of wait everything was normal. The lady at secondary inspection asked my wife if the daughter has unexpired H4 & my wife said no but she has the renewal notice till June 2011 & offered her if she (the officer) would liked to see it but she said no.
Then they had to wait for an hr as there is no token system once you submit yr papers at secondary inspection & they call you in random order near the window again. When both of them were called instead of the initial lady officer there was a guy who actually was very nice & in fact taleked to my daughter about how she liked to live in US & about the recent weather & big snow storm etc.etc & they were through to the gate for boarding!
One interesting thing though is my wife flew united & she printed the boarding passes on line with every information regarding the documents pre entered but the lady on first immigration counter said those were not the correct boarding passes & she had to go again to the check in counter & get the boarding passes again from the check in counter.
So I wonder if it is useful to web check in when you are travelling to Canada & coming back thru US immigration
Rest was all well without any issues.
Thought would help all those who wanted to know.
My wife & Daughter visited CAnada: my wife with a valid H4 stamp till Jun 2011 & my daughter with AP since she had no stamp of H4 in her passport (She had a renewed H4 I 539 but did not restamp)
While going we went to the check in counter & asked the lady at check in counter to remove the I-94's
While coming at Toronto airport my wife got the new I-94 stamped till June 2011 at the immigration counter & then she went to secondary inspection room with my daughter for her AP & I-94 stamp. Other thatn an hr of wait everything was normal. The lady at secondary inspection asked my wife if the daughter has unexpired H4 & my wife said no but she has the renewal notice till June 2011 & offered her if she (the officer) would liked to see it but she said no.
Then they had to wait for an hr as there is no token system once you submit yr papers at secondary inspection & they call you in random order near the window again. When both of them were called instead of the initial lady officer there was a guy who actually was very nice & in fact taleked to my daughter about how she liked to live in US & about the recent weather & big snow storm etc.etc & they were through to the gate for boarding!
One interesting thing though is my wife flew united & she printed the boarding passes on line with every information regarding the documents pre entered but the lady on first immigration counter said those were not the correct boarding passes & she had to go again to the check in counter & get the boarding passes again from the check in counter.
So I wonder if it is useful to web check in when you are travelling to Canada & coming back thru US immigration
Rest was all well without any issues.
Thought would help all those who wanted to know.
more...
ramaonline
07-27 09:54 PM
AFAIK, to switch to consular processing, you may need to withdraw the I485 and file an amended I140 indicating Consular processing. Please confirm with an attorney
There was a post on the attorney forum with some additional information
It is certainly possible to continue the green card process in your situation. The key requirement is that once your PD becomes current you MUST have a full time permanent job offer in the US, which you intend to accept.
If you abandon your I-485 and pursue consular processing, that position MUST be in the same position and with the same employer that obtained your labor certification. AC-21 DOES NOT APPLY TO CONSULAR PROCESSING. If you maintain either your A/P validity or H-1 visa validity, as long as the position is in the "same or similar occupation", it can be with any US employer.
Keep in mind that even if your family ends up abandoning their I-485's, as long as you do not abandon your I-485 they will be able to "follow to join" you once your AOS is granted.
Also keep in mind the possibility of EB-1 eligibility if your position with the new company can be characterized as managerial or executive and you are able to secure a transfer back to the US in a managerial or executive position after working in India for at least one year.
There was a post on the attorney forum with some additional information
It is certainly possible to continue the green card process in your situation. The key requirement is that once your PD becomes current you MUST have a full time permanent job offer in the US, which you intend to accept.
If you abandon your I-485 and pursue consular processing, that position MUST be in the same position and with the same employer that obtained your labor certification. AC-21 DOES NOT APPLY TO CONSULAR PROCESSING. If you maintain either your A/P validity or H-1 visa validity, as long as the position is in the "same or similar occupation", it can be with any US employer.
Keep in mind that even if your family ends up abandoning their I-485's, as long as you do not abandon your I-485 they will be able to "follow to join" you once your AOS is granted.
Also keep in mind the possibility of EB-1 eligibility if your position with the new company can be characterized as managerial or executive and you are able to secure a transfer back to the US in a managerial or executive position after working in India for at least one year.
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somegchuh
07-11 06:09 PM
Hi Bose,
so it took you almost 9 months and you still don't have the H1 renewal? wow... that's unbelievable. I just received an email from my lawyer's legal assistant and they have received the H1 approval notice. So I have no idea what the hell is going on!
Ah the wonders of govt work...
so it took you almost 9 months and you still don't have the H1 renewal? wow... that's unbelievable. I just received an email from my lawyer's legal assistant and they have received the H1 approval notice. So I have no idea what the hell is going on!
Ah the wonders of govt work...
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WAIT_FOR_EVER_GC
08-24 10:05 AM
Any chances of Chances of Reconsidering this MEMO in the near future?
Economy my friend. This will not happen soon.
Economy my friend. This will not happen soon.
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dealsnet
05-21 08:31 AM
Take one month unpaid vacation. Packup your things. Send family home. Work for one or two weeks(stay in a motel or with friends), resign and go same day or next day.
This will reduce your anxiety about your future.
I am on my 2nd phase of H1B visa which is valid until 2012.
I want to quit my job and go back to my home country.
How long after I quit my job do I get to stay here to wrap up and ship my stuff??
Does that jeopardize my status? I plan to be here for about 30 days after quitting my job. WOuld that be ok? or is it overstaying?
If I ever need to apply for a tourist visa in future will this jeopardize my chances of getting a visa then?
Thank you!
This will reduce your anxiety about your future.
I am on my 2nd phase of H1B visa which is valid until 2012.
I want to quit my job and go back to my home country.
How long after I quit my job do I get to stay here to wrap up and ship my stuff??
Does that jeopardize my status? I plan to be here for about 30 days after quitting my job. WOuld that be ok? or is it overstaying?
If I ever need to apply for a tourist visa in future will this jeopardize my chances of getting a visa then?
Thank you!
more...
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grupak
03-28 05:45 PM
Thank you. So we do have to answer "Yes" to all the 3 questions!
I think so, if an I-485 has been applied for the dependent.
I think so, if an I-485 has been applied for the dependent.
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donsimahajan
06-21 05:15 PM
I-485 processing times are mentioned here:
http://www.trackins.com/immigrationtrackers/i485-graph/
http://www.trackins.com/immigrationtrackers/i485-graph/
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saro28
01-12 09:59 PM
I would suggest you to switch to EAD. There is no reason for you stick to H1-B anymore.
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eb3_nepa
02-25 06:39 PM
Hi,
A couple of questions on the simaltaneous filing of I-140 and I-485
1) I had read somewhere that USCIS was going to stop the same. Has that happened yet?
2) Say a person has applied for the I-140 but cannot simaltaneously apply for 485 due to retrogression. In the event that the dates become current BUT the I-140 is not yet approved, can the person still file for the 485 under the simultaneous filing or does he have to wait till the I-140 is actually approved?
A couple of questions on the simaltaneous filing of I-140 and I-485
1) I had read somewhere that USCIS was going to stop the same. Has that happened yet?
2) Say a person has applied for the I-140 but cannot simaltaneously apply for 485 due to retrogression. In the event that the dates become current BUT the I-140 is not yet approved, can the person still file for the 485 under the simultaneous filing or does he have to wait till the I-140 is actually approved?
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AabTuAgaGC
06-19 09:56 AM
I gues with iin 2 months for AP. but i don't know in current scenario with lot of applications. There is no harm in filing AP & EAD with 485. Even if you get them you can use it or not choice is yours. but if you use EAD h1/H4 will be invalid and you have to come back in AP. Also if you come in AP then your H1/h4 will be invalid you have to use EAD.
I think 4-5 months is decent time to get AP. But with current volume I am not sure.
I don't think traveling back on AP invalids your H1. I checked with my lawyer and this is what he told me.
I think 4-5 months is decent time to get AP. But with current volume I am not sure.
I don't think traveling back on AP invalids your H1. I checked with my lawyer and this is what he told me.
rayoflight
02-02 04:50 PM
You are welcome. One more thing if its only B1 he cannot come in as B2 (Tourist Visa). Hope this helps. Cheers, Rayoflight
WFGC2006
04-13 04:54 PM
All,
My friend works as an internal auditor within a big 4 acccounting firm. His practice is doing quite badly. As there are tons of different practices within this firm, he is thinking about transferring. But his PERM was filed for the internal audit manager position and his I-140 has alreday been approved. If he transfers to a function unrelated to internal audit within his firm (e.g. external audit, tax, fraud, etc.), would there be a problem?
Can anyone here provide some guidance or point him to the right discussion thread?
Thanks!!!
My friend works as an internal auditor within a big 4 acccounting firm. His practice is doing quite badly. As there are tons of different practices within this firm, he is thinking about transferring. But his PERM was filed for the internal audit manager position and his I-140 has alreday been approved. If he transfers to a function unrelated to internal audit within his firm (e.g. external audit, tax, fraud, etc.), would there be a problem?
Can anyone here provide some guidance or point him to the right discussion thread?
Thanks!!!
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