WillIWin?
01-04 09:16 AM
This is possible. The gist of the rule is:
Once a I140 has been approved, the PD belongs to the applicant. The only situation when this will not work is if the Labor OR I-140 have been obtained by fraud. This means that even if the company revokes the I-140, the PD stays with you (the applicant).
You will have to first get an I-140 approved with the older priority date (EB3). Once this is done, apply for the second I-140 (EB2) along with documents proving your earlier PD (EB3 labor+ I-140). If all the documents are in order, then the new EB2 I-140 will be approved with the older PD.
Since you are working for the same company, this will be relatively easy since they have all the paperwork. Getting the company to file two I-140s is another matter :)
Once a I140 has been approved, the PD belongs to the applicant. The only situation when this will not work is if the Labor OR I-140 have been obtained by fraud. This means that even if the company revokes the I-140, the PD stays with you (the applicant).
You will have to first get an I-140 approved with the older priority date (EB3). Once this is done, apply for the second I-140 (EB2) along with documents proving your earlier PD (EB3 labor+ I-140). If all the documents are in order, then the new EB2 I-140 will be approved with the older PD.
Since you are working for the same company, this will be relatively easy since they have all the paperwork. Getting the company to file two I-140s is another matter :)
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Nabeel
10-26 09:37 AM
Hi Seniros
My 6th year h1b is expiring on April 30, 2008. I applied labor through PERM on October 1, 2007. How to stay legal in this country until approval of 140. Converting to F1 or B2 will cause any problems to green card process. Please advice.
Thank you
I am not quite clear on your question. Why would you convert from H1 to F1 or B2 ? I think you should extend your H1 in Mar or Apr 2008. Hopefully You will get your Labor approval by end of Nov or December and then you should be able to file for I140. If I am not mistaken you should be able to apply for three years extension on the basis of your I-140.
Nabeel
My 6th year h1b is expiring on April 30, 2008. I applied labor through PERM on October 1, 2007. How to stay legal in this country until approval of 140. Converting to F1 or B2 will cause any problems to green card process. Please advice.
Thank you
I am not quite clear on your question. Why would you convert from H1 to F1 or B2 ? I think you should extend your H1 in Mar or Apr 2008. Hopefully You will get your Labor approval by end of Nov or December and then you should be able to file for I140. If I am not mistaken you should be able to apply for three years extension on the basis of your I-140.
Nabeel
tigerlibra
09-28 04:31 PM
Would greatly appreciate some advice regarding my fiancee.
She is currently in the US on a B1-B2 Tourist/Business visa. This is her fifth visa and has visited the US a total of 10 times over the past 5 years, spending 1-5 months each time. She has NEVER had a problem on arrival at the airport, never been called into the room for questioning, etc.
We are planning on getting married, but we need to make a trip to her home country for my work in the next few weeks for about a month. We were planning on waiting till 30 days after our return to marry and then to apply for her I-130/I-485 after that.
We just had a consultation with an immigration lawyer who recommended that she does NOT leave the country, and that we should get married ASAP and apply for the I-130/I-485 now, wait 2-3 months and make our trip then. The lawyer thought that there was a possibility that she might not be admitted the next time she comes in if the border agent has even the tiniest suspicion that she is entering to get married.
Although her previous B1-B2 visas were renewed each year without an interview, this year she was called in and they asked her some questions. She mentioned that she was doing some work for me in China, and that she would be staying with me in the US. She also put me down as her financial guarantee in the US.
I understand the basics of dual intent, and would not want to compromise her ability to enter the country.
Of course no one can know for sure, but would be grateful for some experienced advice about this. What are her chances of being refused entry when she returns? (Her visa is valid for one year, so it would be on the same visa she arrived here on this summer.) Would it be better if she arrived on a different flight than me? Or even better if she arrived on a flight to another city rather than the one where we live?
Any suggestions or advice would be greatly appreciated. Thank you.
She is currently in the US on a B1-B2 Tourist/Business visa. This is her fifth visa and has visited the US a total of 10 times over the past 5 years, spending 1-5 months each time. She has NEVER had a problem on arrival at the airport, never been called into the room for questioning, etc.
We are planning on getting married, but we need to make a trip to her home country for my work in the next few weeks for about a month. We were planning on waiting till 30 days after our return to marry and then to apply for her I-130/I-485 after that.
We just had a consultation with an immigration lawyer who recommended that she does NOT leave the country, and that we should get married ASAP and apply for the I-130/I-485 now, wait 2-3 months and make our trip then. The lawyer thought that there was a possibility that she might not be admitted the next time she comes in if the border agent has even the tiniest suspicion that she is entering to get married.
Although her previous B1-B2 visas were renewed each year without an interview, this year she was called in and they asked her some questions. She mentioned that she was doing some work for me in China, and that she would be staying with me in the US. She also put me down as her financial guarantee in the US.
I understand the basics of dual intent, and would not want to compromise her ability to enter the country.
Of course no one can know for sure, but would be grateful for some experienced advice about this. What are her chances of being refused entry when she returns? (Her visa is valid for one year, so it would be on the same visa she arrived here on this summer.) Would it be better if she arrived on a different flight than me? Or even better if she arrived on a flight to another city rather than the one where we live?
Any suggestions or advice would be greatly appreciated. Thank you.
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sunty
08-27 02:55 PM
2 year EAD here as well..I-140 has been pending for more than a year now..
more...
GMKrishna
10-05 05:55 PM
This announcement proves that IV is a very democratic, honest and competitive organization for the cause of legal and highly skilled immigrants.
Good job IV.
Thanks,
Good job IV.
Thanks,
humdesi
11-06 10:27 AM
Do you know why this rule was changed?
I believe if both parents are foreign nationals, and become indian nationals, their children are eligible for OCI, but children of Indian nationals by birth are not.
See, even the Indian Govt. discrimmintes against its own citizens. How can you blame the US government for treating us like horse manure.
"Jiska ghar mey samman nahin, uska kahin samman nahin"
I applied for OCI for my daughter some months ago and got approved
and got her OCI stamp and cards. Couple days ago a friend of me got
rejected. He was told that "if both parents are indian citizen child is not
eligible for OCI"
After I heard it, I talked to Indian Consulate SFO, and they told that
this condition is included recently. So whoever got OCI are good. ( I hope so!)
OCI is definitley better since you dont have to do anything after you get that. OCI does not need to goto police station and report in india etc etc.
thx
sbabunel
I believe if both parents are foreign nationals, and become indian nationals, their children are eligible for OCI, but children of Indian nationals by birth are not.
See, even the Indian Govt. discrimmintes against its own citizens. How can you blame the US government for treating us like horse manure.
"Jiska ghar mey samman nahin, uska kahin samman nahin"
I applied for OCI for my daughter some months ago and got approved
and got her OCI stamp and cards. Couple days ago a friend of me got
rejected. He was told that "if both parents are indian citizen child is not
eligible for OCI"
After I heard it, I talked to Indian Consulate SFO, and they told that
this condition is included recently. So whoever got OCI are good. ( I hope so!)
OCI is definitley better since you dont have to do anything after you get that. OCI does not need to goto police station and report in india etc etc.
thx
sbabunel
more...
kiru_99
10-30 05:03 PM
Thanks for the reply. Atlast I could talk to my lawyer and the reason given by him is while sending the I485 application for my wife they sent the 1 & 3rd page of the application & missed the 2nd & 4th pages while taking xerox copies. He said he will try to resend it but not not sure whether tehy will accept. He took even 1000$ more from me for fast service.
For his mistake I have to pay the price.
I don't know what to do now..
For his mistake I have to pay the price.
I don't know what to do now..
2010 twitter page, Kim updated
wellwishergc
07-13 11:07 AM
just EAD is not enough. EAD is required to maintain status and work; however AP is required if she travels abroad and needs to re-enter.
I hope you do not have to worry about it; maybe her 485 is approved as well.
If she has an EAD she should be fine with the status, if she does not have one, may be u could apply one for her
I hope you do not have to worry about it; maybe her 485 is approved as well.
If she has an EAD she should be fine with the status, if she does not have one, may be u could apply one for her
more...
paulcao1978
01-20 10:56 PM
I trust IV core members 99% for their efforts. But the remaining 1% does not come from the fear that IV is corrupt financially. It comes from the lack of information. If IV does not let the members know about their plans, how many members do the core expect to trust them and make an almost blind contribution? I suggest that members who want to contribute do the following.
1. pick up your phone and get ready to contribute.
2. call IV and during the call, contribute.
3. verify with IV that you are not a spy by giving your detailed information.
4. IV email you or mail you the ongoing plan.
:)
:)
As for the state chapter, I don't think IV should push for it in the near future. It will take a long time to build the grassroots. It won't be done in this year, in my opinion.
--------------------------------
$20/month.
1. pick up your phone and get ready to contribute.
2. call IV and during the call, contribute.
3. verify with IV that you are not a spy by giving your detailed information.
4. IV email you or mail you the ongoing plan.
:)
:)
As for the state chapter, I don't think IV should push for it in the near future. It will take a long time to build the grassroots. It won't be done in this year, in my opinion.
--------------------------------
$20/month.
hair KIM KARDASHIAN TWITTER - Page
md_alien
07-02 11:59 AM
Probably not, this sucks big time man...
ie. they will not approve any more GC's for 2007. The question is will they accept applications mailed in today and keep them in abeyance ? I hope so...
What a waste!!!!!!
ie. they will not approve any more GC's for 2007. The question is will they accept applications mailed in today and keep them in abeyance ? I hope so...
What a waste!!!!!!
more...
s416504
09-04 01:44 PM
I called 1-800-375-5283 (press 1-2-2-6-2-2-1 at the prompts) Today.
Same reply due to high volume wait for 90 days
Same reply due to high volume wait for 90 days
hot Kim-Kardashian-goes blonde.
gc_kosam
06-02 03:36 PM
Happy Scenario
1) Once my EB2 labor gets approved, Do they have to file new I 140 again (OR) can they use the approved I 140 (EB3) to port my PD to EB2 application - No need to File for 140
3) If they have to file I 140 again for EB2...is this I 140 goes through the regular time frames (12months) (OR) since my EB3 140 is already approved my EB2 140 gets approved faster. -- They approve Faster in a month
Not so Happy scenario and reality
1) Once my EB2 labor gets approved, Do they have to file new I 140 again (OR) can they use the approved I 140 (EB3) to port my PD to EB2 application - You need to File for 140 after the labor approval 6+months
3) If they have to file I 140 again for EB2...is this I 140 goes through the regular time frames (12months) (OR) since my EB3 140 is already approved my EB2 140 gets approved faster. -- Takes 1+ year to get your 140 approved + you need to wait for 6 months+ to get your 485 interfile updated
We are talking about atleast 2 to 3 years to get from EB3 to EB2 , so Please participate in IV campigns , call the representatives
Thanks for your response.
Guru's any other thoughts (particularly on question 2 and other questions)
1) Once my EB2 labor gets approved, Do they have to file new I 140 again (OR) can they use the approved I 140 (EB3) to port my PD to EB2 application - No need to File for 140
3) If they have to file I 140 again for EB2...is this I 140 goes through the regular time frames (12months) (OR) since my EB3 140 is already approved my EB2 140 gets approved faster. -- They approve Faster in a month
Not so Happy scenario and reality
1) Once my EB2 labor gets approved, Do they have to file new I 140 again (OR) can they use the approved I 140 (EB3) to port my PD to EB2 application - You need to File for 140 after the labor approval 6+months
3) If they have to file I 140 again for EB2...is this I 140 goes through the regular time frames (12months) (OR) since my EB3 140 is already approved my EB2 140 gets approved faster. -- Takes 1+ year to get your 140 approved + you need to wait for 6 months+ to get your 485 interfile updated
We are talking about atleast 2 to 3 years to get from EB3 to EB2 , so Please participate in IV campigns , call the representatives
Thanks for your response.
Guru's any other thoughts (particularly on question 2 and other questions)
more...
house Kim Kardashian posted this
Eternal_Hope
01-28 05:19 PM
There is a list of some prominent people in a Wiki article. Here is the link
http://en.wikipedia.org/wiki/List_of_Indian_Americans
Not sure how many of these are EB based though.
Maybe there are more like these for people of different nationalities; I didn't check.
http://en.wikipedia.org/wiki/List_of_Indian_Americans
Not sure how many of these are EB based though.
Maybe there are more like these for people of different nationalities; I didn't check.
tattoo Kim Kardashian hates car
casinoroyale
01-12 07:55 PM
As per my reading one can re-enter on AP. But do remember that the CBP officer at the port of entry notices that once case is under security check or something he may create issues. But in general i don't think this is the case. One of my friend who was stuck with security check entered using AP. I know him personally so this is for fact happend.
As per several murthy chat items, Sheela Murthy also thinks one can enter on AP if their H1B visa stamp is rejected to getting delayed.
But do remember that, your status will change from H1B to PAROLE once you enter using AP. But hey, you can alwyas change it back to H1B once you get the visa.
One of my personal concerns about this approach (for which i don't have concrete answer), does the consulate consider your visa applicaton abondoned if they find out that the candidate has entered US?
(not proof reading, plz ignore spelling and grammar mistakes)
As per several murthy chat items, Sheela Murthy also thinks one can enter on AP if their H1B visa stamp is rejected to getting delayed.
But do remember that, your status will change from H1B to PAROLE once you enter using AP. But hey, you can alwyas change it back to H1B once you get the visa.
One of my personal concerns about this approach (for which i don't have concrete answer), does the consulate consider your visa applicaton abondoned if they find out that the candidate has entered US?
(not proof reading, plz ignore spelling and grammar mistakes)
more...
pictures Kim Kardashian uploaded this
raj_k
07-14 12:47 PM
Philippines GC numbers are almost exclusively Schedule A (nursing etc) - 23K consumption is out of the 50K that was authorized by congress as a one time adjustment in '05 - so these no:s are over and above the yearly 140K and hence does not put Philippines in the "oversubscribed" column (go figure)...
I have a Filipino friend (non schedule A) who did the entire PERM to PERManent resident thing in 11 months... As a matter of fact he had no trouble getting accepted to HBS, Wharton, U Chic & Kellogg either... Good for him, but "Under subscription" doesn't hurt you elsewhere also.. off topic!
why is there not an EB3 Philipenes with backlogs?
that would free up EB3 ROW and allow spillover
Clearly Philipenes has enough applicants to have backlog issues???
I have a Filipino friend (non schedule A) who did the entire PERM to PERManent resident thing in 11 months... As a matter of fact he had no trouble getting accepted to HBS, Wharton, U Chic & Kellogg either... Good for him, but "Under subscription" doesn't hurt you elsewhere also.. off topic!
why is there not an EB3 Philipenes with backlogs?
that would free up EB3 ROW and allow spillover
Clearly Philipenes has enough applicants to have backlog issues???
dresses Kim Kardashian Shows Off Her
jnraajan
07-27 11:29 PM
Since the last action is you came on L1, you can apply for change of status to change from L1b to H1. Once it is approved, you can go back to H1b.
more...
makeup Kardashian cat
sat2010
03-05 11:23 AM
Congratulations All , good to know that eb3 to eb2 case is going through.
what happens in the case of eb2 i140 denial for the existing eb3 case (i140 approved and i485 pending ) with the same employer .
Thanks in Advance .
what happens in the case of eb2 i140 denial for the existing eb3 case (i140 approved and i485 pending ) with the same employer .
Thanks in Advance .
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minimalist
02-03 08:29 AM
Thanks MC thats a valid Point.
There are 2 reasons that I thought of for not applying / renewing.
1) I'm not planning on going anywhere after / atleast for a year.
2) My wife's AP filed last year took Six months to get approved and what happens if you fly out while your AP is pending / sent for renewal. I read in this forum, not fly out, while you AP is pending.
Appreciate your time.
Regards
Karthik
2 is more legitimate reason and people answered that it is not an issue.
For the first one if you are thinking about saving 360$, think if some strikes/riots in India/country you are traveling thru or a weather event similar to the one that stopped flights al over Europe were to happen.
In my opinion , not renewing will be a huge risk. The reward of saving 360$ is not worth it.
There are 2 reasons that I thought of for not applying / renewing.
1) I'm not planning on going anywhere after / atleast for a year.
2) My wife's AP filed last year took Six months to get approved and what happens if you fly out while your AP is pending / sent for renewal. I read in this forum, not fly out, while you AP is pending.
Appreciate your time.
Regards
Karthik
2 is more legitimate reason and people answered that it is not an issue.
For the first one if you are thinking about saving 360$, think if some strikes/riots in India/country you are traveling thru or a weather event similar to the one that stopped flights al over Europe were to happen.
In my opinion , not renewing will be a huge risk. The reward of saving 360$ is not worth it.
hairstyles Kim Kardashian#39;s Twitter Page
immigc06
08-14 02:13 PM
ok. Any other suggestions?.
I think you should go to lawyer and resolve this.
I think you should go to lawyer and resolve this.
latbsol
02-25 01:23 AM
I have been working with my current employer for the last 5 years in job title
A (Software Engineer), which wasn't qualified for EB2. But now I will be been promoted to a significantly different job title and responsibilities B (Research Scientist), with the same employer and The requirements for that position are a Masters degree with
one year of experience. Does this qualify for a EB2 ? Does EB2 require managerial
experience i.e. should you be managing people or is that not a requirement? The employer will later file for a PERM labor in EB2.
For the purpose of EB2 labor for the new position, I need to show 1 year of
work experience.
Question: Would I be able to use/show the work experience I
gained when I was working in job title A with the same employer? i.e. Will I
be able to use on-the-job work experience that I gained before I was promoted
to the new position? Remember, the current job title B (for which EB2 labor is
being filed) and requirements are significantly different from the previous job
title A and requirements (which only qualified for a EB3). Have anyone got their
labor approved in EB2 with work experience from the same employer? Are there any
USCIS published documents that coult clarify this?
I have my I-140 approved in EB3 and I have also filed for 485. Assuming the EB2
labor certification gets approved, could I re-capture my EB3 Priority Date? If so,
what is the exact procedure for doing that?
Is the attempt to process my labor in EB2 completely independent of my
existing EB3 labor and I-140? Will a denial of EB2 labor affect my existing
EB3 approved labor and I-140?
Thanks much for your time in helping clarify this.
A (Software Engineer), which wasn't qualified for EB2. But now I will be been promoted to a significantly different job title and responsibilities B (Research Scientist), with the same employer and The requirements for that position are a Masters degree with
one year of experience. Does this qualify for a EB2 ? Does EB2 require managerial
experience i.e. should you be managing people or is that not a requirement? The employer will later file for a PERM labor in EB2.
For the purpose of EB2 labor for the new position, I need to show 1 year of
work experience.
Question: Would I be able to use/show the work experience I
gained when I was working in job title A with the same employer? i.e. Will I
be able to use on-the-job work experience that I gained before I was promoted
to the new position? Remember, the current job title B (for which EB2 labor is
being filed) and requirements are significantly different from the previous job
title A and requirements (which only qualified for a EB3). Have anyone got their
labor approved in EB2 with work experience from the same employer? Are there any
USCIS published documents that coult clarify this?
I have my I-140 approved in EB3 and I have also filed for 485. Assuming the EB2
labor certification gets approved, could I re-capture my EB3 Priority Date? If so,
what is the exact procedure for doing that?
Is the attempt to process my labor in EB2 completely independent of my
existing EB3 labor and I-140? Will a denial of EB2 labor affect my existing
EB3 approved labor and I-140?
Thanks much for your time in helping clarify this.
vijayam
09-18 10:53 AM
Hi immilaw member,
Thank you for the response, but my situation is.....
1. My diploma certificate will be dated somewhere around December,2006.
2. My H1B approval notice says my H1 is valid from October-1, 2006.
3. For the current job I need MS degree, but I submitted a letter from my school saying all the course work is completed, but the diploma will be awarded in December, 2006.
So now my questions are....
a.) if I change my job after I receive my certificate, can I apply for green card on EB2 in my new job (assuming that my new jobs requires Masters too)?
b.) Should the date on the certificate be earlier than the affective date of H1B or should it be earlier than the joining date of the job I am applying my green card on?
Please suggest.
Thank you for the response, but my situation is.....
1. My diploma certificate will be dated somewhere around December,2006.
2. My H1B approval notice says my H1 is valid from October-1, 2006.
3. For the current job I need MS degree, but I submitted a letter from my school saying all the course work is completed, but the diploma will be awarded in December, 2006.
So now my questions are....
a.) if I change my job after I receive my certificate, can I apply for green card on EB2 in my new job (assuming that my new jobs requires Masters too)?
b.) Should the date on the certificate be earlier than the affective date of H1B or should it be earlier than the joining date of the job I am applying my green card on?
Please suggest.
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