stillhowlong
01-18 10:36 AM
You can file 485 with either of the I140 as long as the position is open and the companies provide a letter stating the permanant nature of the job.
For interfiling, one can request the priority date porting in any of these:
- when you file the 2nd I140. You can send a copy of the first one and request to use that date.
- when you file the 485, you can request to use the earlier priority date.
- After you file 485, you can send a request to use the earlier priority date.
In all these, you need a copy of the I140 approval notice. If there is no way to get the copy, you can possibly try with a copy of the receipt or a copy of the approval status from online - check with a lawyer.
When you file the 485 or the 2nd I140, if the same A# is used, one may get the earliest priority date automatically as the previous poster has mentioned.
Note: This is not a legal advice. Please consult a lawyer.
Hi alvin, Thank you very much for detailed response. I am still confused as my question is if I file the new I140 from new employer and for some reason the date is not ported from current employer's I140 date, will I be able to file I485?, For your info, my I485 is not yet filed with uscis with current employer.
Thanks
SHL
For interfiling, one can request the priority date porting in any of these:
- when you file the 2nd I140. You can send a copy of the first one and request to use that date.
- when you file the 485, you can request to use the earlier priority date.
- After you file 485, you can send a request to use the earlier priority date.
In all these, you need a copy of the I140 approval notice. If there is no way to get the copy, you can possibly try with a copy of the receipt or a copy of the approval status from online - check with a lawyer.
When you file the 485 or the 2nd I140, if the same A# is used, one may get the earliest priority date automatically as the previous poster has mentioned.
Note: This is not a legal advice. Please consult a lawyer.
Hi alvin, Thank you very much for detailed response. I am still confused as my question is if I file the new I140 from new employer and for some reason the date is not ported from current employer's I140 date, will I be able to file I485?, For your info, my I485 is not yet filed with uscis with current employer.
Thanks
SHL
wallpaper Rose Flowers - wallpapers
santa123
06-07 05:43 PM
At what stage am I determined as EB2 or EB3? Is it at the labor or I-140 stage?
This may be a basic fact, but I am not aware of the fact. Pardon my ignorance.
:confused:
This may be a basic fact, but I am not aware of the fact. Pardon my ignorance.
:confused:
Nikhil2
02-09 10:34 PM
I plan to transfer the priority date of an old LC to a new one. My attorney said my case won't work, since the two LCs belong to the same company and the positions (job titles) are the same. She indicates at least one of them needs be different.
I spent a whole night and cannot find any info about this.
Do you happen to know this? Any comments or links would be appreciated.
I spent a whole night and cannot find any info about this.
Do you happen to know this? Any comments or links would be appreciated.
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vin13
04-08 12:36 PM
Before posting this did you even think that the ship may be crossing international waters and US immigration laws may not hold good in that region? Were you not too quick to judge one's competency?
Don't you think the person going on a cruise should make an effort to check this out with the cruiseline?
Many of you have probably been to niagara falls and been on the boat that takes you close the falls. If the boat by mistake goes even an inch over the canada side of the water, they will check your passports and visas before letting you into US side.:D
Don't you think the person going on a cruise should make an effort to check this out with the cruiseline?
Many of you have probably been to niagara falls and been on the boat that takes you close the falls. If the boat by mistake goes even an inch over the canada side of the water, they will check your passports and visas before letting you into US side.:D
more...
.jpg "wallpaper comes to Rose Flower")
MetteBB
05-16 03:48 PM
hey kirupa...
will any of these stamps be added up? http://www.senocular.com/smilies/think.gif
/mette
will any of these stamps be added up? http://www.senocular.com/smilies/think.gif
/mette
ilikekilo
06-18 11:47 AM
as far as my lawyer says once on ead, even for one day you cant go bck ot h1b
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techie.dude
06-04 04:02 PM
I got my 7th yr extension in just over 4 months... so you never know.. :rolleyes:
2010 Green Rose Variety Flower
malibuguy007
07-21 11:31 PM
Take advice of another lawyer. I have a friend who did something similar and he is simply sitting tight (on advice of his lawyer). So I would not simply start the whole process from scratch before consulting a couple of other lawyers.
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desi485
07-27 06:22 PM
Lets put it this way.
If you already have an H1B and are using your ead just as a back up, then no, you do not have to renew right away, you can re-apply as long as you have copies of your applied I-485 etc.
If you do not have an H1B but you also do not plan to work for a while (in the case of some dependants), then again, NO you do not need to renew right away.
However if the EAD is your PRIMARY document without which you cannot work, but you DO want to work, then YES you do want to renew it before the current ead expires.
My friend who is a contractor in the company where I am working, is right now on H1B. He is a very hard worker and cheerful fellow. My employer (among big5 tech companies in US) offered him fulltime position.
His EAD is going to be expired soon, as he is a july 07 filer. He is worried that if he joins my employer at this point, and if he doesn't get his EAD renewed in time, he would be in trouble.
He already sent papers for renew but haven't heard back. After six weeks, his current EAD will expire.
can anyone guide, what are his options? my employer will not file H1B. is there anything like interim EAD?
If you already have an H1B and are using your ead just as a back up, then no, you do not have to renew right away, you can re-apply as long as you have copies of your applied I-485 etc.
If you do not have an H1B but you also do not plan to work for a while (in the case of some dependants), then again, NO you do not need to renew right away.
However if the EAD is your PRIMARY document without which you cannot work, but you DO want to work, then YES you do want to renew it before the current ead expires.
My friend who is a contractor in the company where I am working, is right now on H1B. He is a very hard worker and cheerful fellow. My employer (among big5 tech companies in US) offered him fulltime position.
His EAD is going to be expired soon, as he is a july 07 filer. He is worried that if he joins my employer at this point, and if he doesn't get his EAD renewed in time, he would be in trouble.
He already sent papers for renew but haven't heard back. After six weeks, his current EAD will expire.
can anyone guide, what are his options? my employer will not file H1B. is there anything like interim EAD?
hair Sexy Blue Rose Flower Picture
calgirl
05-25 07:50 PM
`(G) Aliens who have earned an advanced degree in science, technology, engineering, or math and have been working in a related field in the United States under a nonimmigrant visa during the 3-year period preceding their application for an immigrant visa under section 203(b).
What does the above statement mean??
So, folks who have an advanced degree from the US are exempt from the cap? Or advanced degree plus 3 yrs of work exp is required?
Here is my reading of the amendment.
If you look at the original bill (S2611) Section 508 reads
SEC. 508. VISAS FOR INDIVIDUALS WITH ADVANCED DEGREES.
(a) Aliens With Certain Advanced Degrees Not Subject to Numerical Limitations on Employment Based Immigrants-
(1) IN GENERAL- Section 201(b)(1) (8 U.S.C. 1151(b)(1)), as amended by section 505, is amended by adding at the end the following:
`(G) Aliens who have earned an advanced degree in science, technology, engineering, or math and have been working in a related field in the United States under a nonimmigrant visa during the 3-year period preceding their application for an immigrant visa under section 203(b).
`(H) Aliens described in subparagraph (A) or (B) of section 203(b)(1)(A) or who have received a national interest waiver under section 203(b)(2)(B).
`(I) The spouse and minor children of an alien who is admitted as an employment-based immigrant under section 203(b).'.
**************************************************
Bingaman Amendment 4181 and 4182 on the other hand state
Notwithstanding any other provisions of this act the language in Title V Sec. 501 under the heading ``(2) VISAS FOR SPOUSES AND CHILDREN'' is null and void and the following shall be applicable in lien thereof.
``(2) VISAS FOR SPOUSES AND CHILDREN.--
``(A) IN GENERAL.--Except as provided in subparagraph (B), immigrant visas issued on or after October 1, 2004, to spouses and children of employment-based immigrants shall not be counted against the numerical limitation set forth in paragraph (1).
``(B) NUMERICAL LIMITATION.--The total number of visas issued under paragraph (1)(A) and paragraph (2), excluding such visas issued to aliens pursuant to section 245B or section 245C of the Immigration and Nationality Act, may not exceed 650,000 during any fiscal year.
************************************************** ****
Reading S2611 Section 508 in conjunction with SA4811 and SA4812 specifically shows that STEM + 3 applicants as well as their spouses and children are not subject to any caps. On the other had the troubling part is that those not covered by STEM+3 will have 450,000 principal applicant slots and therefore only 200,000 spouse and children slots. This discrepancy arises from the fact that Bingaman multiplied 290,000 by 1.2 to arrive at his figure while S2611 allows for 450,000 principal applicants in the 1st 10 years to remove backlog.
SA 4188 is not currently available for reading and it will be interesting to see what change has been made to the language in 508(a)(1)(G) to allow all STEM +3 to be exempt. It would also be interesting to see whether language in Sec 508(b)(3)(III) has been changed to reflect the changes in 508(a)(1)(G)
Note that if both these sections are changed to allow all STEM+3 then labor certification too becomes easier. Hopefully changes here can provide some relief from Bingaman's torpedo.
I would appreciate comments as my analysis may be wrong.
What does the above statement mean??
So, folks who have an advanced degree from the US are exempt from the cap? Or advanced degree plus 3 yrs of work exp is required?
Here is my reading of the amendment.
If you look at the original bill (S2611) Section 508 reads
SEC. 508. VISAS FOR INDIVIDUALS WITH ADVANCED DEGREES.
(a) Aliens With Certain Advanced Degrees Not Subject to Numerical Limitations on Employment Based Immigrants-
(1) IN GENERAL- Section 201(b)(1) (8 U.S.C. 1151(b)(1)), as amended by section 505, is amended by adding at the end the following:
`(G) Aliens who have earned an advanced degree in science, technology, engineering, or math and have been working in a related field in the United States under a nonimmigrant visa during the 3-year period preceding their application for an immigrant visa under section 203(b).
`(H) Aliens described in subparagraph (A) or (B) of section 203(b)(1)(A) or who have received a national interest waiver under section 203(b)(2)(B).
`(I) The spouse and minor children of an alien who is admitted as an employment-based immigrant under section 203(b).'.
**************************************************
Bingaman Amendment 4181 and 4182 on the other hand state
Notwithstanding any other provisions of this act the language in Title V Sec. 501 under the heading ``(2) VISAS FOR SPOUSES AND CHILDREN'' is null and void and the following shall be applicable in lien thereof.
``(2) VISAS FOR SPOUSES AND CHILDREN.--
``(A) IN GENERAL.--Except as provided in subparagraph (B), immigrant visas issued on or after October 1, 2004, to spouses and children of employment-based immigrants shall not be counted against the numerical limitation set forth in paragraph (1).
``(B) NUMERICAL LIMITATION.--The total number of visas issued under paragraph (1)(A) and paragraph (2), excluding such visas issued to aliens pursuant to section 245B or section 245C of the Immigration and Nationality Act, may not exceed 650,000 during any fiscal year.
************************************************** ****
Reading S2611 Section 508 in conjunction with SA4811 and SA4812 specifically shows that STEM + 3 applicants as well as their spouses and children are not subject to any caps. On the other had the troubling part is that those not covered by STEM+3 will have 450,000 principal applicant slots and therefore only 200,000 spouse and children slots. This discrepancy arises from the fact that Bingaman multiplied 290,000 by 1.2 to arrive at his figure while S2611 allows for 450,000 principal applicants in the 1st 10 years to remove backlog.
SA 4188 is not currently available for reading and it will be interesting to see what change has been made to the language in 508(a)(1)(G) to allow all STEM +3 to be exempt. It would also be interesting to see whether language in Sec 508(b)(3)(III) has been changed to reflect the changes in 508(a)(1)(G)
Note that if both these sections are changed to allow all STEM+3 then labor certification too becomes easier. Hopefully changes here can provide some relief from Bingaman's torpedo.
I would appreciate comments as my analysis may be wrong.
more...
adhantari
08-12 06:24 PM
what makes u think that he would be banned for asking such questions - if IV is busy may be some senior members can answer.
it little more. Why is this post missing from Front Page? Some posts are there even they are not updated in last 12hrs. This one was gone from front page in matters of hours. After my reply this should technically come up on front page.... see if it does........ :D
it little more. Why is this post missing from Front Page? Some posts are there even they are not updated in last 12hrs. This one was gone from front page in matters of hours. After my reply this should technically come up on front page.... see if it does........ :D
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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..
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house rose flowers wallpapers. rose
![flower wallpaper rose. Rose [Flower] Wallpaper](https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEi6VoufsHgo1VoCNRQfOeHOawLkE0LIRSg9BXRV_pjI8jcVZq2nOZVgx_thwOwtrxoSZzpGr2jnNzcy6LviSXyMDGxao_lvrDU-jGbGg39VkKTk0m4vSoeenxvSszxc-UDDo8osRq8mqK4C/s400/1330.jpg "Rose [Flower] Wallpaper")
derekjbj
09-16 07:39 PM
Hi All,
I am on H1 (beginning of my second 3 yr term on H1), EB2labor pending ( two US MS degrees in engineering) & I would like to apply for a full time MBA to NYU .
I would like to know if this is possible while being on H1. I know i can apply for a part time program.. but I would like to pursue a full time MBA or would I have to convert to a F1 ?..
How about pursuing a full time MBA with EAD ( 485 PENDING)
I would like to plan for a future scenario, as I would definitely want to pursue a MBA. Can you guys shed some light on this topic ?
I am on H1 (beginning of my second 3 yr term on H1), EB2labor pending ( two US MS degrees in engineering) & I would like to apply for a full time MBA to NYU .
I would like to know if this is possible while being on H1. I know i can apply for a part time program.. but I would like to pursue a full time MBA or would I have to convert to a F1 ?..
How about pursuing a full time MBA with EAD ( 485 PENDING)
I would like to plan for a future scenario, as I would definitely want to pursue a MBA. Can you guys shed some light on this topic ?
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lazycis
02-28 08:31 AM
You should be fine. Not only you filed your extension on time (so the approval should apply retroactively, more likely that's the USCIS mistake), but two law provisions protect you:
1) 8 C.F.R. section 274A.12(b)(20) - An H1B holder whose employer has filed a new H1B petition to extend the stay (through the current employer - NOT a job change) can work for up to 240 days based upon the pending H1B petition;
2) 8 U.S.C. 1255(k) allows you to adjust status even if you worked without authorization for not more than 180 days.
Oh, yes, I've had a similar RFE for my dependants to show continuous H4 status so it's not unusual.
1) 8 C.F.R. section 274A.12(b)(20) - An H1B holder whose employer has filed a new H1B petition to extend the stay (through the current employer - NOT a job change) can work for up to 240 days based upon the pending H1B petition;
2) 8 U.S.C. 1255(k) allows you to adjust status even if you worked without authorization for not more than 180 days.
Oh, yes, I've had a similar RFE for my dependants to show continuous H4 status so it's not unusual.
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pictures Rose-petals-flower-iphone-
indyanguy
02-02 09:03 PM
Bumping for help..
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saileshdude
11-01 01:27 PM
Thanks for the response.
IF I port to self employment will things be any better?
That way I can be a consultant and work in my field. I can generate enough work. Also, how would USCIS exactly know what kind of work a person is doing?
Thanks
Self porting or even working for consultancy firm when moving from a full-time job to consultant is risky. Nowadays, there have been more RFE asking for client letter to make sure that the job description you are working matches with that mentioned in LC. So this is how they know what kind of work you are doing. Your client should be willing to provide you with a letter that matches the job description. This is especially if you were working full-time and now moved to consultancy or self-ported and working as consultant. There has been more RFE and scrutinity of applications recently.
IF I port to self employment will things be any better?
That way I can be a consultant and work in my field. I can generate enough work. Also, how would USCIS exactly know what kind of work a person is doing?
Thanks
Self porting or even working for consultancy firm when moving from a full-time job to consultant is risky. Nowadays, there have been more RFE asking for client letter to make sure that the job description you are working matches with that mentioned in LC. So this is how they know what kind of work you are doing. Your client should be willing to provide you with a letter that matches the job description. This is especially if you were working full-time and now moved to consultancy or self-ported and working as consultant. There has been more RFE and scrutinity of applications recently.
more...
makeup rose flower wallpaper
saimrathi
07-17 05:57 PM
I agree.. The flower campaign shouldn't be taken for granted.. let it just be special.. Thank you cards adn notes will be the best..
Couldn't agree more. I will be sending her a personal Thank You card today. Flowers might not be quite appropriate, especially so shortly after the recent "flower campaign". :)
Couldn't agree more. I will be sending her a personal Thank You card today. Flowers might not be quite appropriate, especially so shortly after the recent "flower campaign". :)
girlfriend Pink Rose Flower Wallpaper
pappu
04-27 01:13 PM
$1.5 Billion in income taxes, is the amount the 64,000 new H1bs pay every year and I assume a similar or larger sales tax.
I'm not even thinking of the remaining 500,000+ people in the immigration queue
Unless there is a formal document like Unauthorized Immigrants Pay Taxes, Too | Immigration Policy Center (http://www.immigrationpolicy.org/just-facts/unauthorized-immigrants-pay-taxes-too)
http://www.immigrationpolicy.org/sites/default/files/docs/Tax_Contributions_by_Unauthorized_Immigrants_04181 1.pdf
a post has no significance. If you wish to work on such a study, it would be make the arguments stronger. It is something some volunteers can take up as an action item.
I'm not even thinking of the remaining 500,000+ people in the immigration queue
Unless there is a formal document like Unauthorized Immigrants Pay Taxes, Too | Immigration Policy Center (http://www.immigrationpolicy.org/just-facts/unauthorized-immigrants-pay-taxes-too)
http://www.immigrationpolicy.org/sites/default/files/docs/Tax_Contributions_by_Unauthorized_Immigrants_04181 1.pdf
a post has no significance. If you wish to work on such a study, it would be make the arguments stronger. It is something some volunteers can take up as an action item.
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keshtwo
07-05 04:32 PM
Dudes and Dudettes,
Stop whining. The DOS giveth and DOS taketh away. Its nothing to do with our being united or not. If we could do anything concrete, believe me, people would be on it. no one wants to waste time on inconsequential ideas.
Stop whining. The DOS giveth and DOS taketh away. Its nothing to do with our being united or not. If we could do anything concrete, believe me, people would be on it. no one wants to waste time on inconsequential ideas.
lrindy
09-19 11:48 AM
Ras, looking at the photo at the rally, I think you got the point. Not much attended and I don't see any other nationals there.
Not everyone could attend the rally! I for one, was not there for my own reasons. IV is for everyone; all nationalities. We should all be contributing in our own way. Mine was making sure congressmen, senators and Americans are aware that immigration isn't just about illegals. I've been calling, writing and maintaining contact with them for 5 years. Senator Lugars office "know me" now. Governor Daniels is one of the 12 that signed the last letter headed by the "terminator" Arnie!!! So, I may not have contributed by attending a rally or monetary donation, but our state leaders here in Indiana, are now more aware of the plight of EB immigrants; maybe, just maybe, with a little help from me...
If IV majority is made up of folks from certain countries, then does that not prove those are the countries with the majority of EB immigrants to the USA? I don't care where you come from, who you are; we are all here for the same exact reason. We are sick of being held to ransom by a broken immigration system. We are sick of whenever you say "immigration" the first thought that pops into peoples minds, US born that is, is illegals. I am sick of it and take the time to try and explain it.
Keep up the good work IV!!!!!!!!!
I have learnt a great deal from this site and will continue, in my own small way, to help the cause.
Cheers,
LRIndy. Crossroads of America!!!
Not everyone could attend the rally! I for one, was not there for my own reasons. IV is for everyone; all nationalities. We should all be contributing in our own way. Mine was making sure congressmen, senators and Americans are aware that immigration isn't just about illegals. I've been calling, writing and maintaining contact with them for 5 years. Senator Lugars office "know me" now. Governor Daniels is one of the 12 that signed the last letter headed by the "terminator" Arnie!!! So, I may not have contributed by attending a rally or monetary donation, but our state leaders here in Indiana, are now more aware of the plight of EB immigrants; maybe, just maybe, with a little help from me...
If IV majority is made up of folks from certain countries, then does that not prove those are the countries with the majority of EB immigrants to the USA? I don't care where you come from, who you are; we are all here for the same exact reason. We are sick of being held to ransom by a broken immigration system. We are sick of whenever you say "immigration" the first thought that pops into peoples minds, US born that is, is illegals. I am sick of it and take the time to try and explain it.
Keep up the good work IV!!!!!!!!!
I have learnt a great deal from this site and will continue, in my own small way, to help the cause.
Cheers,
LRIndy. Crossroads of America!!!
anuh1
03-24 02:21 PM
I am also in the same boat. i have applied for PWD on second week of Feb but still waiting. it looks like it is taking around 6 to 7 months just for applying labor and after that approval will be one more year assuming no RFE.
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