kondur_007
08-19 11:00 AM
My employer filled EB-2 PERM for me on 12/2007.
My I-140 is approved on 07/2008.
Now I am worry about losing my job.
If this happens, maybe I will switch to NIW pathway later.
Now I wonder whether NIW can use the PD of PERM?
My attorney is not sure about this.
Anyone here succeed in this?
Thank you very much!
Simple answer is "YES YOU CAN" :)
But start on your NIW case soon, it is much easier to get NIW done if you have a job while applying. Also there is no premium processing for NIW yet, so work on it now, dont wait till you get laid off.
Additionally, get a good attorney! NIW case requires a "VERY good attorney", not the one who is not sure of some simple thing like porting of PD.
Good Luck.
My I-140 is approved on 07/2008.
Now I am worry about losing my job.
If this happens, maybe I will switch to NIW pathway later.
Now I wonder whether NIW can use the PD of PERM?
My attorney is not sure about this.
Anyone here succeed in this?
Thank you very much!
Simple answer is "YES YOU CAN" :)
But start on your NIW case soon, it is much easier to get NIW done if you have a job while applying. Also there is no premium processing for NIW yet, so work on it now, dont wait till you get laid off.
Additionally, get a good attorney! NIW case requires a "VERY good attorney", not the one who is not sure of some simple thing like porting of PD.
Good Luck.
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02-26 05:02 PM
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nixstor
08-31 01:47 PM
Just shot an email to the address provided.
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mammoy2k
09-10 11:25 AM
I should add that you can only port once your I-140 has been approved.
As per Yates memo, one can switch after 180 days even though I-140 was pending.
As per Yates memo, one can switch after 180 days even though I-140 was pending.
more...
prakumar
07-18 11:37 AM
I am in a complicated situation...
Approved labor (PD 2003 EB2) from company A (not employed with them). Filed 140 and 485 (self as primary and wife as dependent). Ability to pay RFE on 140 and then denial on 140 and 485. Currently, appealed the decision because needed to get H1 extension and case has reopened. My wife (with company B) had her 140 approved (EB3 with PD 2006) and so after the July bulletin filed for 485 (her as primary and me as dependent) because my case seeemed a little dicy.
So we both have multiple 485's filed (although the first one since the decision is not final on 140 technically they might not have started considering the 485). Read multiple places that legally you can have only one 485 approved but could have multiple 485 pending and withdraw the other once anyone has been approved. Is this true? or you CANNOT even have two 485 pending?What is the best thing for me do do right now?
Approved labor (PD 2003 EB2) from company A (not employed with them). Filed 140 and 485 (self as primary and wife as dependent). Ability to pay RFE on 140 and then denial on 140 and 485. Currently, appealed the decision because needed to get H1 extension and case has reopened. My wife (with company B) had her 140 approved (EB3 with PD 2006) and so after the July bulletin filed for 485 (her as primary and me as dependent) because my case seeemed a little dicy.
So we both have multiple 485's filed (although the first one since the decision is not final on 140 technically they might not have started considering the 485). Read multiple places that legally you can have only one 485 approved but could have multiple 485 pending and withdraw the other once anyone has been approved. Is this true? or you CANNOT even have two 485 pending?What is the best thing for me do do right now?
nmdial
03-11 02:26 PM
Thanks everyone. I appreciate your help.
more...
martinvisalaw
08-31 07:32 PM
Hi company A applied for my H1 in april 1st week.
they have got 2 rfe so far and now i am not interested in working with them(they also dont seem interested in replying to the 2nd rfe)
Another company is interested in filing my h1b.
what is the safest way to go about doing this.
should i let company B know that i filed with company A before.
Also will there be any problem in getting H1b approved because of my earlier filing
There should not be a problem in getting the H-1B approved by Co. B, assuming you and the position meet all the H-1B requirements. Just because there was a prior petition filed for you should not have a negative impact. You need to let Co. B know about the earlier filing, because there are some questions on the I-129 that might require them to provide information about the first filing.
they have got 2 rfe so far and now i am not interested in working with them(they also dont seem interested in replying to the 2nd rfe)
Another company is interested in filing my h1b.
what is the safest way to go about doing this.
should i let company B know that i filed with company A before.
Also will there be any problem in getting H1b approved because of my earlier filing
There should not be a problem in getting the H-1B approved by Co. B, assuming you and the position meet all the H-1B requirements. Just because there was a prior petition filed for you should not have a negative impact. You need to let Co. B know about the earlier filing, because there are some questions on the I-129 that might require them to provide information about the first filing.
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qasleuth
05-18 07:44 PM
Is there any law that prohibits termination of a worker during her PREGNANCY DISABILITY LEAVE (MATERNITY LEAVE) Or FMLA (Family and Medical Leave) on the basis that the USCIS didn't approve the petition (god forbid)?
Firstly, very sorry for your situation. Seems to be very tricky. I am no lawyer so take my .2 cents with a pinch of salt. I think you are intertwining two separate issues. FMLA may protect you during maternity leave (you need to read the act to see if you qualify) BUT USCIS not approving your petition has nothing to do with your pregnancy neither does your employer. Your employer can terminate you on the basis of non-approval of your H1 not that he is doing because of your pregnancy.
Firstly, very sorry for your situation. Seems to be very tricky. I am no lawyer so take my .2 cents with a pinch of salt. I think you are intertwining two separate issues. FMLA may protect you during maternity leave (you need to read the act to see if you qualify) BUT USCIS not approving your petition has nothing to do with your pregnancy neither does your employer. Your employer can terminate you on the basis of non-approval of your H1 not that he is doing because of your pregnancy.
more...
IneedAllGreen
09-27 03:56 PM
USCIS website does not shows that my I-485 has been denied but instead it says that it has been sent to AAO office(appeal processing office).
No I have not yet called attorney on extending EAD based on I-140 denial.
------------------------------
Is your 485 also denied? Most of the times when ever 140 is denied then the underlying 485 also gets denied and if that is the case then you cannot apply or extend for EAD or AP until your appeal is pending with AAO. I may be wrong so consult an attorney.
BTW....did you consult the attorney? If yes, what did they tell you?
No I have not yet called attorney on extending EAD based on I-140 denial.
------------------------------
Is your 485 also denied? Most of the times when ever 140 is denied then the underlying 485 also gets denied and if that is the case then you cannot apply or extend for EAD or AP until your appeal is pending with AAO. I may be wrong so consult an attorney.
BTW....did you consult the attorney? If yes, what did they tell you?
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imig2007
06-14 06:02 PM
My case is a bit different.
I have a 485 filed by a company for future employment.
Right now my Priority date became current for my current employer and that labor and I140 are approved.
So can we file multiple 485's with USCIS or do we need to cancel the other 485 to file new 485 with my current employer.
I have a 485 filed by a company for future employment.
Right now my Priority date became current for my current employer and that labor and I140 are approved.
So can we file multiple 485's with USCIS or do we need to cancel the other 485 to file new 485 with my current employer.
more...
Lok_sumi
03-18 03:51 PM
My H1B visa stamping has expired and I have valid AP. Can I travel. I have also changed job using AC21. Please advice.
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MYGC2008
01-29 05:03 PM
You are travelling at the end of June, that means nearly 5 months from now
Here are my opinion
1) Since you are extending your H1B right now, Why can't yoy apply for premium processing?
2) Mean while Apply for EAD also. You will get in 90 days
3) For AP you can take infopass or call Customer Service -- Normally AP gets approved in 30 days. Check other threads also where others have used infopass to Expedite the case
Here are my opinion
1) Since you are extending your H1B right now, Why can't yoy apply for premium processing?
2) Mean while Apply for EAD also. You will get in 90 days
3) For AP you can take infopass or call Customer Service -- Normally AP gets approved in 30 days. Check other threads also where others have used infopass to Expedite the case
more...
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pokiri
07-09 11:21 AM
Hi Uma,
As you mentioned that I need to apply the transfer through a Lawyer, I am little confused.
My consulting company with whom my H1B exists and to which my wife's H1B to H4 transfer is planned, have sent me the required documents "I539, Application to Extend/Change Non-immigrant Status" and asked me to send them to USCIS myself.
Is this fine ?
Thank you.
As you mentioned that I need to apply the transfer through a Lawyer, I am little confused.
My consulting company with whom my H1B exists and to which my wife's H1B to H4 transfer is planned, have sent me the required documents "I539, Application to Extend/Change Non-immigrant Status" and asked me to send them to USCIS myself.
Is this fine ?
Thank you.
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laststraw
05-04 06:55 PM
I believe that the sponsored employee (and the attorney) are not allowed to have any part in the recruitment effort as per DOL guidelines. It should be done by the employer.
more...
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WaitingForMyGC
12-07 01:51 PM
By looking at the trend, it is taking close to 5 months for AP approval.
Visit: http://www..com/usa-immigration-trackers/
Visit: http://www..com/usa-immigration-trackers/
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eb3retro
09-08 02:12 PM
you did not see eb3 approvals because there were none. that simple.
Hi,
I do not see any EB3 alone approvals (with no porting). Can people please update here if there are any EB3 485 Approvals so that we can get some pattern out of it.
Appreicate your response EB3 guys..
:)
Hi,
I do not see any EB3 alone approvals (with no porting). Can people please update here if there are any EB3 485 Approvals so that we can get some pattern out of it.
Appreicate your response EB3 guys..
:)
more...
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fromnaija
08-04 09:08 PM
She does not need to do anything but get a job, fill form I-9 and start working again. She is in a period of authorized stay since her I-485 is pending. I don't think it's even necessary to apply H4 for her.
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dc2007
08-09 09:15 AM
Anybody has some sugestion or experience on this ??
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onefineday
03-31 02:20 PM
Even I am in the same boat... planning on a 3 week vacation to get the 1 year extension. Can you please update the thread with your case results? Did you take the vacation, and could you recapture it?
Good luck!
Good luck!
vaishnavilakshmi
06-20 02:02 AM
Hi,
category-eb3
pd-march2002
i-140-applied on 1st june 2007
i-140 reciept???waiting
IS anyone who has substituted labor(pd2002) and applied for i-140 and recieved the reciepts or approvals for i-140???Please update ur status here..
cheers,
vaishu
category-eb3
pd-march2002
i-140-applied on 1st june 2007
i-140 reciept???waiting
IS anyone who has substituted labor(pd2002) and applied for i-140 and recieved the reciepts or approvals for i-140???Please update ur status here..
cheers,
vaishu
allen_1974
01-11 03:31 AM
To my knowledge H1B extension is just like a new H1B application ofcourse 6 years window will be couted here and you have spent just 3 years. To me you can file H1B extension with multiple companies. But its better to file it with original company to be on safe side, onece the extension approval come ytou can trasfer it whereever you want.
Thanks
Thanks
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