days_go_by
01-10 08:18 AM
Friends,
As I had indicated that I had admission to study for MBA in europe starting Sep/Oct 2007, looks like I have to drop it due to the GC process ( entangled)
My last discussion wirh Immi and employer drove the nail in the coffin.
I would appreciate any suggestion fromfolks like you.
Outcome:
I can quit the job and proceed for MBA at my risk ( leave spouse behind in the US in I-485 pending stage). If for example my PD ( July 2002 EB3 india) comes up during my absence in the US and if there is a RFE, my current employer WILL NOT provide a job offer so far into the future ( ie post Sep 2008). the least they said they can do is not pull labor and I-140 ( both approved and I-485 pending for 4 yrs)
Since I am in the Mechanical egnineering field , i dont know who to find , ( unlike adundant software body shoppers present) who will draft an offer in case of RFE.
I have few more weeks before I see this opportunity slip by.
Can anyone guess if the EB3- India PD will move to July 2002 or beyond before September 2008?
Any suggestion./directions will be appreciated... Around me i have no one who has even changed jobs , used AC21 etc.
Thanks for your time
--------
Let me guess, remember this is just PURE GUESS.
I think it is unlikely that Eb3 date will reach July 2002 in next 1.5 years, if you see how long it was stuck in April 2001, I can expect the progress to be very very slow.
If there is a CIR or some kind of relief then yes it can reach that far.
As I had indicated that I had admission to study for MBA in europe starting Sep/Oct 2007, looks like I have to drop it due to the GC process ( entangled)
My last discussion wirh Immi and employer drove the nail in the coffin.
I would appreciate any suggestion fromfolks like you.
Outcome:
I can quit the job and proceed for MBA at my risk ( leave spouse behind in the US in I-485 pending stage). If for example my PD ( July 2002 EB3 india) comes up during my absence in the US and if there is a RFE, my current employer WILL NOT provide a job offer so far into the future ( ie post Sep 2008). the least they said they can do is not pull labor and I-140 ( both approved and I-485 pending for 4 yrs)
Since I am in the Mechanical egnineering field , i dont know who to find , ( unlike adundant software body shoppers present) who will draft an offer in case of RFE.
I have few more weeks before I see this opportunity slip by.
Can anyone guess if the EB3- India PD will move to July 2002 or beyond before September 2008?
Any suggestion./directions will be appreciated... Around me i have no one who has even changed jobs , used AC21 etc.
Thanks for your time
--------
Let me guess, remember this is just PURE GUESS.
I think it is unlikely that Eb3 date will reach July 2002 in next 1.5 years, if you see how long it was stuck in April 2001, I can expect the progress to be very very slow.
If there is a CIR or some kind of relief then yes it can reach that far.
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whoever
07-20 01:59 PM
hey, so you got h4 by just producing marriage affidavit and not marriage certificate?
keaby
06-18 05:36 PM
If the non compete agreement between your employer and the vendor is about your employer directly selling your srevices to the client in the future, then you don't have any issue as you are leaving your employer.
If your client is supporting your switch to another vendor, then there seems to be no agreement between the client and vendor regarding vendor change for the same resource..
In general, cases like yours, where the client supports your move, vendors tend to play safe and ignore any non compete agreements, to save the relationship with the client
If your client is supporting your switch to another vendor, then there seems to be no agreement between the client and vendor regarding vendor change for the same resource..
In general, cases like yours, where the client supports your move, vendors tend to play safe and ignore any non compete agreements, to save the relationship with the client
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anjans
07-09 02:50 PM
I am in a similar situation..pls update the thread on what the latest is..in my case I-140 is not 180 days old..:(
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met3259
07-18 05:07 PM
What is FB of 226,000 ?
see above
see above
desi3933
06-22 09:59 AM
This is from my attorney:
All your previous I-20s if you were student here, including all the notes made on the I-20s for any change (travel, course related paid work experience, OPT etc.);
EAD card copy for OPT if you had any;
All the visa stamps for reentering the States;
All H1b approvals;
I had some I-20s missing but I was able to contact my University International Student office - fortunately that they have everything on file.
"Proof that person is maintaining valid status in USA since last entry in USA" - not last entry but the first entry. All the documents are to prove your entry is legal and your stay is as legally approved.
It is the last entry not the first entry.
It is since first entry to for the Family based I-485, for Employment based I-485 section 245(k) applies and it requires status since last entry. In fact out of status < 180 days is forgiven under 245(k).
If your attorney does not understand 245(k), may be you should consider getting second opinion.
Section 245(k) applies for ALL employment based I-485s.
Not a legal advice
----------------------------------
Permanent Resident since May 2002
All your previous I-20s if you were student here, including all the notes made on the I-20s for any change (travel, course related paid work experience, OPT etc.);
EAD card copy for OPT if you had any;
All the visa stamps for reentering the States;
All H1b approvals;
I had some I-20s missing but I was able to contact my University International Student office - fortunately that they have everything on file.
"Proof that person is maintaining valid status in USA since last entry in USA" - not last entry but the first entry. All the documents are to prove your entry is legal and your stay is as legally approved.
It is the last entry not the first entry.
It is since first entry to for the Family based I-485, for Employment based I-485 section 245(k) applies and it requires status since last entry. In fact out of status < 180 days is forgiven under 245(k).
If your attorney does not understand 245(k), may be you should consider getting second opinion.
Section 245(k) applies for ALL employment based I-485s.
Not a legal advice
----------------------------------
Permanent Resident since May 2002
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neeidd
10-15 11:44 PM
I had the same experience. However, my POE was Miami. No questions asked. My spouse and I just waited (with our USC daughter) in secondary inspection till they called my name and handed over our papers to me.
Thanks for your response
Thanks for your response
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myeb2gc
02-20 09:48 AM
Hello,
(1)
My employer filed EB3 at first and then EB2 labour filings.
But EB3 labour approval is received just before filing 140. i.e after receiving the EB2 labour approval.
------------------------------------------
(2)
I have received my 140 approval notice. This is the first document of GC that my attorney shared with me.
-------------------------------------------
Question is := So is my GC is processed under EB2 / EB3?
(1)
My employer filed EB3 at first and then EB2 labour filings.
But EB3 labour approval is received just before filing 140. i.e after receiving the EB2 labour approval.
------------------------------------------
(2)
I have received my 140 approval notice. This is the first document of GC that my attorney shared with me.
-------------------------------------------
Question is := So is my GC is processed under EB2 / EB3?
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GCwaitforever
06-15 09:26 AM
You can send your story to public@nytimes.com. I am typing up mine as we speak. ;)
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kittu07in
08-27 03:57 PM
[....You have to file her F-1 before your H-1 expires or gets denied, also you might need to show that she will continue to be on H-4 as of the date that classes start (based on you being on valid H-1 status). If this is not possible i suggest you file a change of status to B-2 and then you can decide what needs to be done, this will give you some breathing room...]
How long it takes to convert her status from h4 to B-2? and how many days it will be valid after having a valid B-2?
to convert her B-2 status, do I need to be on B-1? or it can be anything?
Does she can able to COS from B-2 to F1 (Student)...?
~Thanks in advance
How long it takes to convert her status from h4 to B-2? and how many days it will be valid after having a valid B-2?
to convert her B-2 status, do I need to be on B-1? or it can be anything?
Does she can able to COS from B-2 to F1 (Student)...?
~Thanks in advance
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kak1978
02-09 09:22 AM
You have to somehow prove to USCIS that company A and C are subsidiaries and mere mentioning that they have been owned by the same person may not fly. You need some kind of proof on paper.
This is just one suggestion , ofcourse you have to talk to a lawyer before doing anything.
This is just one suggestion , ofcourse you have to talk to a lawyer before doing anything.
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arunkotte
02-14 04:14 PM
MS + 0 years is fine for EB2. I got my PERM approved with MS+ 0 years. No one is trying to bypass the system!. We are trying to figure out the best possible avenue to get our GC.
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nc14
11-03 04:09 PM
I am a regular contributor.
reached $525 and doing $25 from last month onwards.
reached $525 and doing $25 from last month onwards.
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vdokka
09-12 09:59 AM
Hi Raj,
Thanks for your reply !
I appreciate your help.
Regards,
Krishna.
Thanks for your reply !
I appreciate your help.
Regards,
Krishna.
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copsmart
02-05 05:48 PM
This is my Attorney’s take on “same or similar job”:
Ultimately for the adjustment of status to be approved, you have to have a new position in the "same or similar occupational classification" as the position which is the subject of the labor certification application. This does not mean it has to be the same job or the same job duties but, as indicated, in the same general field. As long as you obtain such a position prior to your adjustment of status being finalized, then there should be no problem.
I also asked him about Location and Salary requirements. This what he said…
Location does not matter and even salary does not matter, as long as it does not seem to evidence a totally different type of position.
So, I wouldn’t worry about the "same or similar" crap and wait for several years. If some attracting offer comes up your way, go for it.
Ultimately for the adjustment of status to be approved, you have to have a new position in the "same or similar occupational classification" as the position which is the subject of the labor certification application. This does not mean it has to be the same job or the same job duties but, as indicated, in the same general field. As long as you obtain such a position prior to your adjustment of status being finalized, then there should be no problem.
I also asked him about Location and Salary requirements. This what he said…
Location does not matter and even salary does not matter, as long as it does not seem to evidence a totally different type of position.
So, I wouldn’t worry about the "same or similar" crap and wait for several years. If some attracting offer comes up your way, go for it.
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funny
08-13 01:19 PM
Hi Funny,
When were your respective I140s approved ? Were they with the same or different employer ?
Same employer, both of them were approved around mid 2007.
When were your respective I140s approved ? Were they with the same or different employer ?
Same employer, both of them were approved around mid 2007.
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ski_dude12
07-13 05:36 PM
Are you sure about that? Can you give your source that says
"You have to inform them of every small move even after citizenship is approved".
If you can support your post by citing a valid source then its fine, otherwise stop shooting off your hips please.
yes, u need to inform them of every small move u make, all ur life. this holds true even after ur us citizenship is approved.
"You have to inform them of every small move even after citizenship is approved".
If you can support your post by citing a valid source then its fine, otherwise stop shooting off your hips please.
yes, u need to inform them of every small move u make, all ur life. this holds true even after ur us citizenship is approved.
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a_yaja
03-07 03:34 PM
My current H1 stamp is for company A.
Based on what you wrote, would you advise me to get the stamp of company C if I have plans to change to C eventually? I know that when I will be reentering USA, I will be on the payroll for company C.
Yes, you should get H1B stamp with Company C's annotation. Roseball's comments seems to suggest that it is not necessary to get a new visa as long as you H1B has not expired. However, that is not what I was told by my attorney when I changed employer and had to visit India. Also, during my interview in Chennai, the officer told me "I see that your application is for change of employer". I just said yes. I think it is best that you get in touch with an attorney and seek attorney's opinion. They are the experts and will have the correct information.
Based on what you wrote, would you advise me to get the stamp of company C if I have plans to change to C eventually? I know that when I will be reentering USA, I will be on the payroll for company C.
Yes, you should get H1B stamp with Company C's annotation. Roseball's comments seems to suggest that it is not necessary to get a new visa as long as you H1B has not expired. However, that is not what I was told by my attorney when I changed employer and had to visit India. Also, during my interview in Chennai, the officer told me "I see that your application is for change of employer". I just said yes. I think it is best that you get in touch with an attorney and seek attorney's opinion. They are the experts and will have the correct information.
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howzatt
07-18 10:32 AM
Guys,
If we cannot even contribute $10 PER MONTH, that is really really cheap of us.
eb3,
with all due respect, I really doubt if this is the bet way to get people to donate. Calling people cheap is not a nice thing and generally not recommended.
I know your intentions are good and ...
If we cannot even contribute $10 PER MONTH, that is really really cheap of us.
eb3,
with all due respect, I really doubt if this is the bet way to get people to donate. Calling people cheap is not a nice thing and generally not recommended.
I know your intentions are good and ...
hibworker
08-23 11:28 PM
When the primary files I-485 AOS application, the spouse and minor children are also allowed to file AOS if they are physically present in US in a legal status. It is irrelevant if they are on H4, F1, B1 etc.
yabadaba
07-10 09:45 PM
great...if thats true.. mine goes to one service center and my wife's goes to another
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