jthomas
05-18 11:15 AM
Thanks for more information
1. I guess you don't have a H1B visa
2. You never had a EAD card. because you need your W2 verified by USCIS
3. Once you leave company 1 employer-employee relation does not exist. So you can never apply for EAD.
you are a fake guy. you just wanted one more anti-immigrant to answer this post by the way you think and start opposing us.
Thanks
J thomas
Hey
Thanks for responding to my question.Many thanks
Here is the Sequence of events :
Joined company 1
<>Labor filed in Nov 2005 under EB2 and approved
<>-I-140 Approved somewhere Aug 06
<> I then left Company 1 and joined a multi national IT Giant in India - Infosy. Joined Info - Jan 07 in India . BUT I was in good terms with Company 1
<>Came back to USA , as Infosys Employee around Sep 07 on B1 visa from India for 3 months . Went back to India.
<>Rejoined Company 1 ( my Original Company ) in Jan 08 ( Petition approved) . Got visa stamp around June 08 and entered US. Got Project Aug 08 and since then on project till date.
<> While on project Aug 08 I apply for I485 as my category EB2 became current. Got my FP done.
Then Around Nov 08 I got EAD and AP papers. So I have an EAD and AP
My Q's are
<> I heard that EB2 is retrogressing to 2000 for India . Now does not apply to folks whose LC and I140 Is approved or only for those who are stuck up at I140 Stage.
Please clarify on this. If I am in a stage where I am expecting my GC and already for EAD does it apply to me
<> What is a VISA Number. There is an A# Number on MY EAD and that same number shows up on AP Document ( I512-L Authorization for parole ) . Is this the same as an Immigrant Visa # or that is something that issues when I am granted my GC.
<> 6 months have passed since I got my EAD. If I join a new Employer and start using this EAD , can I renew it infinitely, till I get GC . What if My Visa is Not valid and I travel out of US to India solely on EAD? What happens then ? is there a chance that at port of entry my entry is denied based on my immigrant future intentions? I know on paper EAD gives you right to travel BUT is this a genuine risk of not being allowed at PO Entry
<> On the other hand - lets say I KEEP my EAD and not use it at all till my H1 expires . Then ,CAN I STILL BY ON H1 AND KEEP RENEWING MY EAD OR SINCE I NEVER USED IT IN PAST , IT IS MIGHT REJECT FOR RENEWAL.
I just dont know know with all this EB2 retrogression what is the best plan of action.
MANY Thanks Again
Sam
1. I guess you don't have a H1B visa
2. You never had a EAD card. because you need your W2 verified by USCIS
3. Once you leave company 1 employer-employee relation does not exist. So you can never apply for EAD.
you are a fake guy. you just wanted one more anti-immigrant to answer this post by the way you think and start opposing us.
Thanks
J thomas
Hey
Thanks for responding to my question.Many thanks
Here is the Sequence of events :
Joined company 1
<>Labor filed in Nov 2005 under EB2 and approved
<>-I-140 Approved somewhere Aug 06
<> I then left Company 1 and joined a multi national IT Giant in India - Infosy. Joined Info - Jan 07 in India . BUT I was in good terms with Company 1
<>Came back to USA , as Infosys Employee around Sep 07 on B1 visa from India for 3 months . Went back to India.
<>Rejoined Company 1 ( my Original Company ) in Jan 08 ( Petition approved) . Got visa stamp around June 08 and entered US. Got Project Aug 08 and since then on project till date.
<> While on project Aug 08 I apply for I485 as my category EB2 became current. Got my FP done.
Then Around Nov 08 I got EAD and AP papers. So I have an EAD and AP
My Q's are
<> I heard that EB2 is retrogressing to 2000 for India . Now does not apply to folks whose LC and I140 Is approved or only for those who are stuck up at I140 Stage.
Please clarify on this. If I am in a stage where I am expecting my GC and already for EAD does it apply to me
<> What is a VISA Number. There is an A# Number on MY EAD and that same number shows up on AP Document ( I512-L Authorization for parole ) . Is this the same as an Immigrant Visa # or that is something that issues when I am granted my GC.
<> 6 months have passed since I got my EAD. If I join a new Employer and start using this EAD , can I renew it infinitely, till I get GC . What if My Visa is Not valid and I travel out of US to India solely on EAD? What happens then ? is there a chance that at port of entry my entry is denied based on my immigrant future intentions? I know on paper EAD gives you right to travel BUT is this a genuine risk of not being allowed at PO Entry
<> On the other hand - lets say I KEEP my EAD and not use it at all till my H1 expires . Then ,CAN I STILL BY ON H1 AND KEEP RENEWING MY EAD OR SINCE I NEVER USED IT IN PAST , IT IS MIGHT REJECT FOR RENEWAL.
I just dont know know with all this EB2 retrogression what is the best plan of action.
MANY Thanks Again
Sam
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MetteBB
06-06 02:30 PM
Yeah that green one with the bird is posted twice... giving the greater twice the chance to win :lol: cool if he get's both first and second place :D
hehehe
/mette
hehehe
/mette
anandrajesh
05-04 01:59 PM
Hi Madhuri,
Do you have any more information regarding this.
I am in the same boat .
My LC got approved through perm in my 6th year
and I140 applied and pending .
6th year expires in Sept06.
Any help is greatly appreciated.
You can get your H1 extended based on Approved Labor / Pending Labor for 365 days. You get H1 extensions in 1 yr increments. If your 140 is approved as well then you get your H1 in 3 yr increments.
I got my labor/140 done and my 6th Yr H1 is expiring Aug 31 and i shld be eligible for 3 yr extension due to Visa Number Unavailability.
Do you have any more information regarding this.
I am in the same boat .
My LC got approved through perm in my 6th year
and I140 applied and pending .
6th year expires in Sept06.
Any help is greatly appreciated.
You can get your H1 extended based on Approved Labor / Pending Labor for 365 days. You get H1 extensions in 1 yr increments. If your 140 is approved as well then you get your H1 in 3 yr increments.
I got my labor/140 done and my 6th Yr H1 is expiring Aug 31 and i shld be eligible for 3 yr extension due to Visa Number Unavailability.
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morpheus
04-02 09:44 PM
So if (for example) an H1B worked in the US for a few weeks before their visa became available, are they technically eligible for this? Or perhaps they were out of status for a week or two between jobs? I'm sure many H1's might have been in this situation. It's unclear who this applies to.
I just read the Specter amendments to 2454 and I can't see where in 218D or 602 it says the alien must have been here illegally. Can someone quote that part? All I can see is this requirement in 601.
`(1) PRESENCE; EMPLOYMENT.--The alien establishes that the alien--
``(A) was physically present in the United States before January 7, 2004; and
``(B) was employed in the United States before January 7, 2004, and has been employed in the United States since that date.
I read one summary of the bill that claims 'The alien also must acknowledge, under oath, that the alien is unlawfully present and subject to removal or deportation.' but this is at the time of application - not in the past. So technically this could still apply to many people. I haven't been able to find this clause in the actual bill though.
From what I have read, if this bill passes it may just turn out that an H1B could quit their employer tomorrow, go and join another employer without filing an H1 transfer and file under 218D in the next year. Since they are technically eligible for 218D at this point, they could move straight to a green card without the current massive backlogs. Also, the 218D status has job mobility, and no LCA is required.
Can anyone refute this?
I just read the Specter amendments to 2454 and I can't see where in 218D or 602 it says the alien must have been here illegally. Can someone quote that part? All I can see is this requirement in 601.
`(1) PRESENCE; EMPLOYMENT.--The alien establishes that the alien--
``(A) was physically present in the United States before January 7, 2004; and
``(B) was employed in the United States before January 7, 2004, and has been employed in the United States since that date.
I read one summary of the bill that claims 'The alien also must acknowledge, under oath, that the alien is unlawfully present and subject to removal or deportation.' but this is at the time of application - not in the past. So technically this could still apply to many people. I haven't been able to find this clause in the actual bill though.
From what I have read, if this bill passes it may just turn out that an H1B could quit their employer tomorrow, go and join another employer without filing an H1 transfer and file under 218D in the next year. Since they are technically eligible for 218D at this point, they could move straight to a green card without the current massive backlogs. Also, the 218D status has job mobility, and no LCA is required.
Can anyone refute this?
more...
godspeed
11-09 04:50 PM
completed the survey
pcs
11-15 12:28 PM
You should try for emergency appointment & should be able to get it based on approved 797.
By the way, my Canadian PR is maturing & I am asked to pay landing fee & do the medical by 1st Jan 2007. Can I pay the landing fee in time but delay the medical without compromising Canadian PR ? I want postpone my landing. Can you please share your advise ??
Thanks
By the way, my Canadian PR is maturing & I am asked to pay landing fee & do the medical by 1st Jan 2007. Can I pay the landing fee in time but delay the medical without compromising Canadian PR ? I want postpone my landing. Can you please share your advise ??
Thanks
more...
eb3retro
09-22 07:41 PM
For some reason, I feel that this is just the beginning. Hope I am wrong..
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larmani
10-16 02:19 PM
Hi I got FP notice on 10/13. I filed on July 2nd and got receipt August 24 with TSC.
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fcres
08-14 03:37 PM
I sent a single check of $745 just for my wifes app, my employer sent the $745 check for me , this included all including biometrics, why would they be crazy to receipt one app and reject another both within the same packet, for reason like 'improper filing fees', i am upset.
Are you sure you wrote the right amount in numbers and words and sign and date it corrrectly? I have read if the words are not right they might return it.
Are you sure you wrote the right amount in numbers and words and sign and date it corrrectly? I have read if the words are not right they might return it.
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kumargn
11-24 05:23 PM
you can use any of the consulates in india.
but usually dates opens up if any cancellation. check vfs site often. nowadays it is easier to get appt than it used to be.
disclaimer: I'm not an immigration attroney, so consult one for your situations as laws/procedures are changing often.
Thanks arnet ,
As you mentioned i kept checking the chennai consulate, and it opened up like a blessing in disguise, with slots again and i was able to get my dates .Only problem was it forced me to cancel my earlier appointment and redo all the application again .That was because i had booked an appointment with Mumbai consulate in distress of not finding any with chennai .
but usually dates opens up if any cancellation. check vfs site often. nowadays it is easier to get appt than it used to be.
disclaimer: I'm not an immigration attroney, so consult one for your situations as laws/procedures are changing often.
Thanks arnet ,
As you mentioned i kept checking the chennai consulate, and it opened up like a blessing in disguise, with slots again and i was able to get my dates .Only problem was it forced me to cancel my earlier appointment and redo all the application again .That was because i had booked an appointment with Mumbai consulate in distress of not finding any with chennai .
more...
Munna Bhai
01-31 03:28 PM
Why employer has to pay for revoking I-140 and how much it cost them? Any idea? suggestions??
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arjunpa
08-18 11:58 AM
TXH1B,
Are you suggesting that I must exit/re-enter with the new H1B (even if the approval accompanies a I-94 or not - both scenarios) ?
I was planning for that in the worst case, to exit/re-enter through Canada.
I will keep the 245(k) rule in mind. Again, Thanks for the answer.
Are you suggesting that I must exit/re-enter with the new H1B (even if the approval accompanies a I-94 or not - both scenarios) ?
I was planning for that in the worst case, to exit/re-enter through Canada.
I will keep the 245(k) rule in mind. Again, Thanks for the answer.
more...
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ArunAntonio
02-20 06:13 PM
guys, why even bother waste your time on this. Please help IV gear up a movement to end retrogression. Please donate, make other IV aware...and send in ur stories......How do u think number crunching will help us....apart from making us feel worse.
Jonty,
I disagree, Number crunching if it can give the members an idea of how long it will take to get the GC will motivate them beyond any thing else. If ppl can see the unreasonable amount of time we have to wait before any thing can happen will make force them to take some action. So if any one can make sense of the numbers and if it is reliable please post it for the benifit of others.
Jonty,
I disagree, Number crunching if it can give the members an idea of how long it will take to get the GC will motivate them beyond any thing else. If ppl can see the unreasonable amount of time we have to wait before any thing can happen will make force them to take some action. So if any one can make sense of the numbers and if it is reliable please post it for the benifit of others.
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martinvisalaw
01-06 05:42 PM
Thanks for all the details. Greatly appreciate your advise. Looks like lot of information needs to be collected and without a research background I think its really a long shot to justify the time effort and resources.
I agree that unless the person really is outstanding, with lots of publications, conference presentations, reference letters, journal articles, etc, it is very difficult to get an EB-1 approved as an outstanding researcher or extraordinary ability. I just filed one, for example, and the package weighed almost 5 lbs, and included 54 exhibits. Yes, it was approved!
I agree that unless the person really is outstanding, with lots of publications, conference presentations, reference letters, journal articles, etc, it is very difficult to get an EB-1 approved as an outstanding researcher or extraordinary ability. I just filed one, for example, and the package weighed almost 5 lbs, and included 54 exhibits. Yes, it was approved!
more...
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manish1905
10-06 04:02 PM
Hi Manish,
I hope everything goes well with you.
Did the officials call you or come to see you in person?
yes the official did came in person at my work without any notice.He even took mu picture at my desk.it was hell of a surprice.He even wanted talk with my Supervisor but he was on vacation that day.
I hope everything goes well with you.
Did the officials call you or come to see you in person?
yes the official did came in person at my work without any notice.He even took mu picture at my desk.it was hell of a surprice.He even wanted talk with my Supervisor but he was on vacation that day.
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prince_charming
04-08 04:14 PM
Does July 1st include the weekend till 3rd July or it just hardstop @ July 1st?
more...
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BharatPremi
12-07 11:59 AM
Hi!
I have a question about wether a person with US Masters can qualify for EB1 category? Please comment.
I know generally people with such qualification fall into EB2 category. However, does years of expereience and say Patents qualify you to be considered as EB1?
Thanks for reading this thread and commenting.
In theory, About our own "genuine" educational qualifications We can all discuss this all our life. BUT our educational qualification is SECONDARY for any EB based GC process. The first and foremost qualification is your employer
"should have such a position where EB1/2/3 hiring is must" OR be willing to "create such job position". Then your "Genuine" or "Created" educational qualification and/or "prior work experience" comes into play.
So it is possible that you may come across more advanced people rotting in Eb3 category as they might have choosen "Genuine" way and their employer "could have only Eb3 requirement" while s/he had to file GC and "not willing to create" any acomodative position/s.
And you may also be able to see dumb ones as far as "Genuine educational qualification" is concerned but street smart already having GC based on EB1/2 and perhaps sarcasticlly laughing towards us. Now that does not necessarily mean all EB1/2 are dumb ones and street smart OR viceaversa. And that does not mean all EB3 are "genuine ones" and Viceaversa.
Frustrating? Isn't it? Welcome to the GC world.. Bottomline, it is all about what your "Employer wishes and how s/he wants to proceed and what level s/he can accomodate your "needs" "....
I have a question about wether a person with US Masters can qualify for EB1 category? Please comment.
I know generally people with such qualification fall into EB2 category. However, does years of expereience and say Patents qualify you to be considered as EB1?
Thanks for reading this thread and commenting.
In theory, About our own "genuine" educational qualifications We can all discuss this all our life. BUT our educational qualification is SECONDARY for any EB based GC process. The first and foremost qualification is your employer
"should have such a position where EB1/2/3 hiring is must" OR be willing to "create such job position". Then your "Genuine" or "Created" educational qualification and/or "prior work experience" comes into play.
So it is possible that you may come across more advanced people rotting in Eb3 category as they might have choosen "Genuine" way and their employer "could have only Eb3 requirement" while s/he had to file GC and "not willing to create" any acomodative position/s.
And you may also be able to see dumb ones as far as "Genuine educational qualification" is concerned but street smart already having GC based on EB1/2 and perhaps sarcasticlly laughing towards us. Now that does not necessarily mean all EB1/2 are dumb ones and street smart OR viceaversa. And that does not mean all EB3 are "genuine ones" and Viceaversa.
Frustrating? Isn't it? Welcome to the GC world.. Bottomline, it is all about what your "Employer wishes and how s/he wants to proceed and what level s/he can accomodate your "needs" "....
girlfriend Mavericks 122, Lakers 86
optimystic
09-21 11:59 PM
Several people have said the need and craving for GC is just in one's state of mind. And that one can do a lot of things without GC, move around freely with EAD+AC21 and that even after getting GC , people who have no drive/vision/talent, will see no sudden change/bright future just because now they have GC in hand.
I agree with all the above arguments.
But I also want to add that having GC or for that matter having anything (like money, good wife/family, good job) etc is about having MORE options and FREEDOM of choice at your disposal, and less things to worry about.
While EAD+AC21 gives you a lot of freedom
You still have to worry about
- Timely renewal of EAD
- Timely renewal of AP
- Worry about being hassled when entering via AP.
- Not able to do a second side job
etc
Others can say that people who worry, always have reasons to worry. And I don't debate that :) . But bottom line, its about having more options at your disposal. May be not everyone will use those options effectively once its in their hands. But to those who want to, and capable of using them, its a loss by not having those options in hand.
Thats what GC means to me.
On the other hand...Its just the current state of mind...
You are asking 'What is GC, is it worth it?'. But you don't ask the same thing about other things...like 'What is Money, is it worth it?' !! 'What is family, is it worth it?'
But people do enter a state of mind, where other things become more important to them than what is important to you or me (like money, family....GC etc).
Vivekanada was a wealthy , happily married Narendranath at one point in his life. But after he met Paramahamsa and got set on spiritual path, he renounced money (!), family (!!) and everything else...for what his mind was set on at that time. I am sure he would have asked himself "What is money?" , "What is family" ?
You or me may never reach that kind of "Viragya", but I am sure we will pass thru stages in life, where GC, or Money, or Cozy life in US will mean nothing to us. All you want might be to have a good health, peaceful retirement, be close to your wife, and close to your son/daughter/grandkids who may be far away from you like you now are far from your parents !
Despite being aware of all this, I am sure tomorrow you and I are going to log in to IV for some interesting bit of info, going to check for LUD, or check the processing/visa date bulletin. Thats because we are human. And I am not ashamed of it because I know I am not obsessive about it, atleast not yet :)
I agree with all the above arguments.
But I also want to add that having GC or for that matter having anything (like money, good wife/family, good job) etc is about having MORE options and FREEDOM of choice at your disposal, and less things to worry about.
While EAD+AC21 gives you a lot of freedom
You still have to worry about
- Timely renewal of EAD
- Timely renewal of AP
- Worry about being hassled when entering via AP.
- Not able to do a second side job
etc
Others can say that people who worry, always have reasons to worry. And I don't debate that :) . But bottom line, its about having more options at your disposal. May be not everyone will use those options effectively once its in their hands. But to those who want to, and capable of using them, its a loss by not having those options in hand.
Thats what GC means to me.
On the other hand...Its just the current state of mind...
You are asking 'What is GC, is it worth it?'. But you don't ask the same thing about other things...like 'What is Money, is it worth it?' !! 'What is family, is it worth it?'
But people do enter a state of mind, where other things become more important to them than what is important to you or me (like money, family....GC etc).
Vivekanada was a wealthy , happily married Narendranath at one point in his life. But after he met Paramahamsa and got set on spiritual path, he renounced money (!), family (!!) and everything else...for what his mind was set on at that time. I am sure he would have asked himself "What is money?" , "What is family" ?
You or me may never reach that kind of "Viragya", but I am sure we will pass thru stages in life, where GC, or Money, or Cozy life in US will mean nothing to us. All you want might be to have a good health, peaceful retirement, be close to your wife, and close to your son/daughter/grandkids who may be far away from you like you now are far from your parents !
Despite being aware of all this, I am sure tomorrow you and I are going to log in to IV for some interesting bit of info, going to check for LUD, or check the processing/visa date bulletin. Thats because we are human. And I am not ashamed of it because I know I am not obsessive about it, atleast not yet :)
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rkrishna123
10-17 03:11 PM
Thanks guys for your advice and time.....
yabadaba
11-06 02:13 PM
dude...ur i-140 is also not approved..sit tight
santb1975
02-15 01:38 PM
We have two more weeks for this campaign.
BUMP for our Dear friends and wishing for more participation
4 people confirmed for this event so far
BUMP for our Dear friends and wishing for more participation
4 people confirmed for this event so far
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