frostrated
06-18 02:38 PM
My husband's employer filed for green card under EB-1 (OR). I-140 got approved, I-485 is pending. I already did my fingerprinting. My husband's is scheduled for next week. We did not get EAD or AP yet.
Meanwhile I need to travel to Europe on business. I have a valid H-1 to re-enter US. Would my AP get approved before I return to US? If so, can I still enter with my valid H-1? My husband is planning to delay his biometrics until I get back. Are there any problems with this plan? Please advise
As long as you travel on H-!, you have no problems. You do not need AP to travel as long as your H-1 is valid. If you need a visa to re-enter, your visa needs to be valid too, or you can get a new visa based on your H-1.
If you want to avoid getting your visa renewed, then you need an AP.
Your husband does not need to delay his biometrics. It is independent of your case.
Meanwhile I need to travel to Europe on business. I have a valid H-1 to re-enter US. Would my AP get approved before I return to US? If so, can I still enter with my valid H-1? My husband is planning to delay his biometrics until I get back. Are there any problems with this plan? Please advise
As long as you travel on H-!, you have no problems. You do not need AP to travel as long as your H-1 is valid. If you need a visa to re-enter, your visa needs to be valid too, or you can get a new visa based on your H-1.
If you want to avoid getting your visa renewed, then you need an AP.
Your husband does not need to delay his biometrics. It is independent of your case.
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getgc2008
04-23 02:24 PM
Thanks I got the details.
GotGoose?
04-26 08:12 AM
Very nice - I like the green one a lot too.
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akilaakka
04-25 09:49 AM
The president can do very little about this. Indeed he tried. It is the congress .
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ski_dude12
06-22 12:18 PM
Opening this thread to see if USCIS is approving any EB2/EB3 applications after moving the dates in the July bulletin.
Please update this thread of your application has been approved or you know of someone who got approval.
Please update this thread of your application has been approved or you know of someone who got approval.
jumanji4u
03-23 09:30 AM
Hi immigration Gurus,
I am in kind of situation where I need the guidance from the experts and knowledgeable . I was working for a company A(IT Product development company) who filed my GC around FEB 2007 in EB2, Aug 2007 filed my I140 and I485 concurrently, In Oct 2008, I left the A Company and moved to Company B on H1B,the company B immigration lawyers did not file AC21, as there reason was we don't want to get unnecessary attention on the GC process and told if any any RFE we will look at it, right now I got a good offer with Company C and have to move for a better medical insurance. Looking at the GC Labour petition, it is given as a product manager with the Company A and the OES code is pointing to some manufacturing production manager as there is no such as product manager in the computer OES code. Right now the company C I am moving is a Technical Lead position, so how to go about or is there any advice for this, if I am moving on the EAD and how to file the AC21 so that I don't get any RFE.
Your guidance is greatly apprecaite.
Thanks,
Jumanji
I am in kind of situation where I need the guidance from the experts and knowledgeable . I was working for a company A(IT Product development company) who filed my GC around FEB 2007 in EB2, Aug 2007 filed my I140 and I485 concurrently, In Oct 2008, I left the A Company and moved to Company B on H1B,the company B immigration lawyers did not file AC21, as there reason was we don't want to get unnecessary attention on the GC process and told if any any RFE we will look at it, right now I got a good offer with Company C and have to move for a better medical insurance. Looking at the GC Labour petition, it is given as a product manager with the Company A and the OES code is pointing to some manufacturing production manager as there is no such as product manager in the computer OES code. Right now the company C I am moving is a Technical Lead position, so how to go about or is there any advice for this, if I am moving on the EAD and how to file the AC21 so that I don't get any RFE.
Your guidance is greatly apprecaite.
Thanks,
Jumanji
more...
ssg.gcl
10-12 04:31 PM
I have a EB2 labor that is approved from BEC. But i have already applied 140 and 485 using EB3 labor and both are pending. Now I am planning to interfile 485 once my old 140 approves.
My question is does my labor expire, If I dont use it to file 140.
Thanks for your advice.
My question is does my labor expire, If I dont use it to file 140.
Thanks for your advice.
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good idea
02-17 03:23 PM
Thanks guys... for your replies (for information)... for me it's normal processing...
I hope for the best...
regards...
I hope for the best...
regards...
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GSingh
04-20 10:20 AM
My wife�s I 485 (PD Jan 2007, EB2, India & concurrent filer July 2007) application has a new soft LUD on 04/17/09. Not aware of any RFE yet.
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Contributed $ 225. Will contribute more.
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rajkraj
11-06 02:04 AM
Go to near by ASC, mostly they will do it.
Mine also same postion, I got my FP appointment for 11/13 at chicago but I went to LA ASC on 10/25 surprisingly they didn't bothered about date ,time and place they taken my finger prints right away. So go to near ASC. best of luck.
Mine also same postion, I got my FP appointment for 11/13 at chicago but I went to LA ASC on 10/25 surprisingly they didn't bothered about date ,time and place they taken my finger prints right away. So go to near ASC. best of luck.
more...
tranquilram
02-22 12:24 PM
I'm in a similar boat......
You can file after April 10 (six months to October 10), correct?
Are you planning to get your visa stamped while your are in India? The earliest date to appear for visa stamping is 90 days before the visa start date. I dont know if this rule is very strict or applicable in this case.
You can file after April 10 (six months to October 10), correct?
Are you planning to get your visa stamped while your are in India? The earliest date to appear for visa stamping is 90 days before the visa start date. I dont know if this rule is very strict or applicable in this case.
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sounakc
12-05 11:33 AM
>>>>>
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NolaIndian32
02-14 01:03 PM
Hi Louisiana,
How do we go about setting up a State Chapter? Are there just the three of us from LA? I am in NOLA (d'uh, my alias is a dead giveaway).
What's the next step?
How do we go about setting up a State Chapter? Are there just the three of us from LA? I am in NOLA (d'uh, my alias is a dead giveaway).
What's the next step?
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srn04
01-19 12:04 PM
Thank you very much.
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krishnam70
03-26 08:07 PM
Hello all,
If my GC is approved, is my employer bound by obligation he gave to USCIS when he filed I140 petition?
I mean, in I140 employer explicitly stated my future wage, it is 20% higher then wage I am getting from him while I am on H1B.
Say, my GC is approved and employer refuses to raise my wage to match the amount given in I140. Is there any way to make him stick to this obligation? Like, complaining to DOL, or where else? And if I complain, can it affect validity of my GC?
The problem is after GC I have to stay with this employer for another 6 months to avoid possible complications in future applying for citizenship. If I just quit and take another job - that will make a possible problem in the future; but if he lays me off, then I am fine. But he does not want to lay me off, and does not want to keep his promise. Any ideas?
If he lets you go you have no issues with future naturalization in case you have all your records, termination letter etc. I am unsure about the wages mentioned in your LCA. I think it is mandatory and can be challenged since employer is giving an undertaking that they have the ability to pay the amount mentioned in your LCA/I140.
You need to get good advise if they terminate you immediately after you get your GC will it show some malafide intentions/agreement between you and your employer which was there in place just to secure you a GC.
- cheers
kris
If my GC is approved, is my employer bound by obligation he gave to USCIS when he filed I140 petition?
I mean, in I140 employer explicitly stated my future wage, it is 20% higher then wage I am getting from him while I am on H1B.
Say, my GC is approved and employer refuses to raise my wage to match the amount given in I140. Is there any way to make him stick to this obligation? Like, complaining to DOL, or where else? And if I complain, can it affect validity of my GC?
The problem is after GC I have to stay with this employer for another 6 months to avoid possible complications in future applying for citizenship. If I just quit and take another job - that will make a possible problem in the future; but if he lays me off, then I am fine. But he does not want to lay me off, and does not want to keep his promise. Any ideas?
If he lets you go you have no issues with future naturalization in case you have all your records, termination letter etc. I am unsure about the wages mentioned in your LCA. I think it is mandatory and can be challenged since employer is giving an undertaking that they have the ability to pay the amount mentioned in your LCA/I140.
You need to get good advise if they terminate you immediately after you get your GC will it show some malafide intentions/agreement between you and your employer which was there in place just to secure you a GC.
- cheers
kris
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ohguy
02-13 05:59 PM
Thanks all! I like this site...didn't know about this earlier.
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crao_a
06-17 04:13 PM
Hi all,
Thanks for your time...please help.
My I-140 Denied couple of months back and I Appealed (I-290B) this decission with all the evidences to prove my exp & employer's ability to pay.
On June 11, 2009 I got the email from USCIS saying my I140 was approved On June 11, 2009.
But, on June 10, 2009 (previous day) USCIS denied my I485 as well as my wife�s I485. Please let me know, how to reopen both of these�
Thanks for your advice,
crao
Thanks for your time...please help.
My I-140 Denied couple of months back and I Appealed (I-290B) this decission with all the evidences to prove my exp & employer's ability to pay.
On June 11, 2009 I got the email from USCIS saying my I140 was approved On June 11, 2009.
But, on June 10, 2009 (previous day) USCIS denied my I485 as well as my wife�s I485. Please let me know, how to reopen both of these�
Thanks for your advice,
crao
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HRPRO
01-24 03:59 PM
If the LCA was filed on 1/18, it should be approved by 1/25 (Now-a-days it takes a week). Have your attorneys expedite the process once they get it and file it before your last day. You should be good.
If you still have a good relationship with your current employer, try to extend your last day by a week (just as plan B)
If you still have a good relationship with your current employer, try to extend your last day by a week (just as plan B)
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saileshdude
06-02 05:45 PM
I'm curious if anyone has got multiple RFEs on their I-485 application. I had an EVL RFE last year and wonder about the chances they'll give that (or any other) RFEs again in future.
Any personal experiences?
By multiple RFE I don't mean many questions in 1 RFE letter. I mean USCIS sends you 1 RFE, receives reply and resumes the case and then at a later point in time sends another RFE on the same application.
No personal experience but based on recent visa bulletin and slow movement prediction going forward I would not be surprised if they send another EVL RFE, especially if your PD is more recent. This is because if and when your PD is approaching to be current, that could take 2, 3 4 or even 5 years. They may ask for EVL again to verify you still have a job offer after 5 years.
Any personal experiences?
By multiple RFE I don't mean many questions in 1 RFE letter. I mean USCIS sends you 1 RFE, receives reply and resumes the case and then at a later point in time sends another RFE on the same application.
No personal experience but based on recent visa bulletin and slow movement prediction going forward I would not be surprised if they send another EVL RFE, especially if your PD is more recent. This is because if and when your PD is approaching to be current, that could take 2, 3 4 or even 5 years. They may ask for EVL again to verify you still have a job offer after 5 years.
h1bee
10-02 10:59 AM
In case my H1B is revoked, do I still have the option of filing from a different company as I still have more than year left on my original visa? or can I still do a transfer?
LostInGCProcess
10-26 08:22 PM
Its a shame that they still promote the 50,000 GC visas for the so called "diversity" program. And yet don't care about the 100's of thousands folks who are legally here and aspiring to assimilate with the American society and paying huge taxes (H1's do pa more taxes then citizens).
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