milind70
06-14 11:23 AM
Hi Gurus,
I am in a interesting situation. I have an approved EB2 I-140 but I recently applied for EB1-140 and I-485 concurrently and they are pending. Given that all PDs are now current, is it possible to convert my I-485 to the approved EB2 I-140. This will remove the uncertainty around approval of EB1 I-140. Any advice/experience is appreciated.
You can apply of AOS i.e I 485 only for one application . Since you already have applied for AOS on EB1 I highly doubt u can apply for AOS for EB2. Talk to your lawyer and find out
I am in a interesting situation. I have an approved EB2 I-140 but I recently applied for EB1-140 and I-485 concurrently and they are pending. Given that all PDs are now current, is it possible to convert my I-485 to the approved EB2 I-140. This will remove the uncertainty around approval of EB1 I-140. Any advice/experience is appreciated.
You can apply of AOS i.e I 485 only for one application . Since you already have applied for AOS on EB1 I highly doubt u can apply for AOS for EB2. Talk to your lawyer and find out
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Jaime
09-04 05:36 PM
Come with us to Washington and Tell Congress IT ALREADY HAS BEEN TOO LONG
s416504
06-24 05:05 PM
Thanks both for prompt reply.
Current PD for India is 2001/unavilable
Our EB3 PD is JUL-06 then why RFE now?
I agree that you should just send the G-325, if that is all they ask for. Just follow the instructions on the RFE regarding how to respond.
Current PD for India is 2001/unavilable
Our EB3 PD is JUL-06 then why RFE now?
I agree that you should just send the G-325, if that is all they ask for. Just follow the instructions on the RFE regarding how to respond.
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kirupa
05-16 01:58 PM
Try adding the price like metteBB mentioned. That would make this stamp really good!
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prasadn
05-03 03:58 PM
Recently my company got acquired by another company. Co A had filed for my LC, and was approved in Feb 09, and my i140 was filed in EB3 in Sept 09. Co B wants to keep me, and I will continue the same job. My H1 has also been transferred to Co B. My question is:
will there be any effect on my LC and I140? If so, what happens to my PD (Nov 08)
If company A got fully merged into company B and it no longer exists as a entity, then company B will have to file a successor in interest petition (I-140).
will there be any effect on my LC and I140? If so, what happens to my PD (Nov 08)
If company A got fully merged into company B and it no longer exists as a entity, then company B will have to file a successor in interest petition (I-140).
Dhundhun
05-03 12:24 AM
Thanks Dhundhun.
To be clear When you say "packets" should i put them within two envelopes?
I was planning on just putting the documents(application and supporting docs) bound by paper clips.
sorry if its a dumb question but this being my first time filing this wanted to be extra sure.
Yes. One envelop for AP and the other one for EAD. Put both envelops in Fedex envelop.
To be clear When you say "packets" should i put them within two envelopes?
I was planning on just putting the documents(application and supporting docs) bound by paper clips.
sorry if its a dumb question but this being my first time filing this wanted to be extra sure.
Yes. One envelop for AP and the other one for EAD. Put both envelops in Fedex envelop.
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rb_248
05-12 09:05 AM
If going out of the country for a long time as a GC holder, you may need to apply for travel document (returning resident ????) with USCIS.
Long Term = > 3 months ?? (may want to check with an attorney)
Long Term = > 3 months ?? (may want to check with an attorney)
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bskrishna
02-16 03:34 PM
I do not know if this has been posted on this forum..
But some of the testimonials are interesting for Students & STEM based EB applicants..
This is from Immigration-law:
02/14/2008: House Subcommittee Hearing on Status of Visas & Policies on Foreign Students and Scholars on February 7, 2008
The House had this important hearing that can have an impact on the employment-based immigration issues relating to the STEM foreign graduates in research and higher learning institutions. It is suggested that the EB immigrants in STEM to review the testimonies of witnesses in this hearing.
Purpose and Summary of the Subject
Testimonies of Witnesses:
:: Opening Statements by Rep. Brian Baird
:: Witness Statements ::
Mr. Tony Edson
Ms. Catheryn Cotten
Dr. Harvey Fineberg
Dr. Allan E. Goodman
Under the current political environment and a long pause in the employment-based immigration legislation issues in the Hill, this is indeed an important news in that at least the Congress is giving attention to the predicament the research and higher learning institutions are facing owing to the failure of the do-nothing Congress and the Administration to act on the matter.
Link to the congressional comittee website..
http://science.house.gov/publications/hearings_markups_details.aspx?NewsID=2064
But some of the testimonials are interesting for Students & STEM based EB applicants..
This is from Immigration-law:
02/14/2008: House Subcommittee Hearing on Status of Visas & Policies on Foreign Students and Scholars on February 7, 2008
The House had this important hearing that can have an impact on the employment-based immigration issues relating to the STEM foreign graduates in research and higher learning institutions. It is suggested that the EB immigrants in STEM to review the testimonies of witnesses in this hearing.
Purpose and Summary of the Subject
Testimonies of Witnesses:
:: Opening Statements by Rep. Brian Baird
:: Witness Statements ::
Mr. Tony Edson
Ms. Catheryn Cotten
Dr. Harvey Fineberg
Dr. Allan E. Goodman
Under the current political environment and a long pause in the employment-based immigration legislation issues in the Hill, this is indeed an important news in that at least the Congress is giving attention to the predicament the research and higher learning institutions are facing owing to the failure of the do-nothing Congress and the Administration to act on the matter.
Link to the congressional comittee website..
http://science.house.gov/publications/hearings_markups_details.aspx?NewsID=2064
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sam5
09-11 12:13 PM
pls someone respond, who has a clear understanding on this query. I would like to hear to an Attorney's view.
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piyu7444
04-19 04:44 AM
employer should not withdraw I 140 else your AOS can be in trouble.....
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patiently_waiting
10-09 05:41 PM
thanks
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folse
05-10 01:51 PM
Dear friends,
I have an EB3 pending for years, and I submitted a marriage based green card application a couple of months ago.
I had the interview recently. The office said she requested the EB3 file, but the office that was processing it wouldn't release it to her. She said a person could have only 2 pending 485s, so the 2 applications should consolidate, either the EB3 file comes to her office or this marriage based green card application goes to the office that process the EB3 file. And she said she wouldn't want to release the marriage based file to that office. So we are stuck.
She went ahead and validated that our marriage is real, but she couldn't process the 485 because she needed all of my files. She didn't seem to be familiar with cases that have previous pending 485s. She had me signed a letter saying I'd like to withdraw my EB3 application and she'll send the letter with my EB3 485 receipt notice to the other office, hoping they'll cancel the EB3 green card application and release the file to her. She didn't seem to be certain that would do the job. She wasn't sure how long it would take and it's possible someone else will take over my case.
It's been a week and there's no updates online. I'm now scare that if anything goes wrong, I might lose my EB3 application and get stuck in the bureaucracy. I'm worried and would like to ask whether it was a typical way to handle cases like mine. Thank you very much!
I have an EB3 pending for years, and I submitted a marriage based green card application a couple of months ago.
I had the interview recently. The office said she requested the EB3 file, but the office that was processing it wouldn't release it to her. She said a person could have only 2 pending 485s, so the 2 applications should consolidate, either the EB3 file comes to her office or this marriage based green card application goes to the office that process the EB3 file. And she said she wouldn't want to release the marriage based file to that office. So we are stuck.
She went ahead and validated that our marriage is real, but she couldn't process the 485 because she needed all of my files. She didn't seem to be familiar with cases that have previous pending 485s. She had me signed a letter saying I'd like to withdraw my EB3 application and she'll send the letter with my EB3 485 receipt notice to the other office, hoping they'll cancel the EB3 green card application and release the file to her. She didn't seem to be certain that would do the job. She wasn't sure how long it would take and it's possible someone else will take over my case.
It's been a week and there's no updates online. I'm now scare that if anything goes wrong, I might lose my EB3 application and get stuck in the bureaucracy. I'm worried and would like to ask whether it was a typical way to handle cases like mine. Thank you very much!
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ranand00
02-08 10:58 PM
Hi I am on H4,
Yesterday my h1b was approved ( cap h1b)
I got an offer from another company , ready to file my h1b ( non -cap) asap.
My question-If i apply for h1b transfer to non-cap without working for cap company in 7-10 days and later If I want to join a cap company,will I have to go through the lottery again -basically will i be subject to cap.
2.what is the proper process for transfer to occur.
3. I do not want to inform cap company.I have the receipt number.Is it sufficient to apply for transfer.
Thanks
hope
Yesterday my h1b was approved ( cap h1b)
I got an offer from another company , ready to file my h1b ( non -cap) asap.
My question-If i apply for h1b transfer to non-cap without working for cap company in 7-10 days and later If I want to join a cap company,will I have to go through the lottery again -basically will i be subject to cap.
2.what is the proper process for transfer to occur.
3. I do not want to inform cap company.I have the receipt number.Is it sufficient to apply for transfer.
Thanks
hope
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die_exquisita
05-27 01:27 PM
Thanks!
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kufloyd
03-11 01:45 PM
My sister in India may be getting married to a US citizen..she would like to apply for a tourist visa first so she can come stay in the US and spend some time with him before her marriage.
If she applies for a tourist visa, stays in the US for a month or so and then later they apply together for a fiance/K3 visa, are there going to be problems for the K3 visa application considering that she had just applied for a tourist visa before? Is it better to not apply for the tourist visa in this case? Thanks...
If she applies for a tourist visa, stays in the US for a month or so and then later they apply together for a fiance/K3 visa, are there going to be problems for the K3 visa application considering that she had just applied for a tourist visa before? Is it better to not apply for the tourist visa in this case? Thanks...
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gsc999
04-03 01:33 AM
bump
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mordaut
04-27 08:47 PM
Ummm... Bump?
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pou-pou
04-14 08:17 AM
have to love that first one :love:
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roseball
08-06 10:20 AM
In the application filed, I received a query stating "Labor Condition Application is marked to indicate you are an exempt HIB dependent for the beneficiary based on the existence of masters degree from the United States. Please confirm your claim that you are an expemt for this beneficiary. If no United States masters degree exists for this beneficiary, the LCA is not valid and may require a withdrawal of the current petition and filing of a new petition with a new LCA that adhers to Labor Department's requirement for H1B dependents".
My Employer wants to reply that this was a clerical mistake..... Is this right? or should he file a new petition.
Can I file another petition if this petition is rejected?
Just saying its a clerical issue wont be sufficient. It might help if your employer attaches a new LCA along with the RFE reply. Worst case, you have to withdraw and file again with the correct/new LCA. If this is a fresh H1, then you are lucky in the sense that the quota is still open and you can refile without having to wait for another year.
My Employer wants to reply that this was a clerical mistake..... Is this right? or should he file a new petition.
Can I file another petition if this petition is rejected?
Just saying its a clerical issue wont be sufficient. It might help if your employer attaches a new LCA along with the RFE reply. Worst case, you have to withdraw and file again with the correct/new LCA. If this is a fresh H1, then you are lucky in the sense that the quota is still open and you can refile without having to wait for another year.
sreeanne
11-17 06:14 PM
thanks for your comments wandmaker.
anyone, any thoughts please share.
anyone, any thoughts please share.
ashatara78
09-17 12:53 PM
Ah. It doesn't end even if you get the GC! I agree with the others - go for the interview fully prepared with all the documents including your GC. Even though you have the feeling "what if they revoke it?", it is best to comply with the laws and respect the interview notice.
You can call them up or infopass if you have some time before the interview.
You can call them up or infopass if you have some time before the interview.
