PD_Dec2002
07-05 10:29 PM
This is a very basic question and I need answer on this as early as possible and guidance from you.
I came to this country in Dec 2001 on H1B Visa.
I never applied for green card since then.
Now on Dec1,2007 my H1B expires so I will have to go back to China.
If I file for green card at this point, will I be able to get the yearly extension for next few years till my GC comes?
Am I even eligible to do so?
Can I go to Canada and still work in USA (Since I live close to canadian border)?
With a name like "Savitri Bhave" why would you have to go back to China?!!!
Anyway, your best bet is to file PERM (takes 2-4 months) and go for premium processing of I-140 (if USCIS resumes PP), and apply for EAD through I-485 (if your PD is current). That way, you don't need to renew your H-1B, but can continue to work on EAD. But as you can see there are several "ifs" in this entire equation which no one can answer with 100% conviction.
Try talking to an attorney to see your options. If this doesn't work out, maybe you can leave the US for a year and reenter again. Of course, you will have to start your GC process then.
Thanks,
Jayant
I came to this country in Dec 2001 on H1B Visa.
I never applied for green card since then.
Now on Dec1,2007 my H1B expires so I will have to go back to China.
If I file for green card at this point, will I be able to get the yearly extension for next few years till my GC comes?
Am I even eligible to do so?
Can I go to Canada and still work in USA (Since I live close to canadian border)?
With a name like "Savitri Bhave" why would you have to go back to China?!!!
Anyway, your best bet is to file PERM (takes 2-4 months) and go for premium processing of I-140 (if USCIS resumes PP), and apply for EAD through I-485 (if your PD is current). That way, you don't need to renew your H-1B, but can continue to work on EAD. But as you can see there are several "ifs" in this entire equation which no one can answer with 100% conviction.
Try talking to an attorney to see your options. If this doesn't work out, maybe you can leave the US for a year and reenter again. Of course, you will have to start your GC process then.
Thanks,
Jayant
Ann Ruben
03-29 08:06 PM
Yes, if the I-140 has been approved, your brother is entitled to use the 2007 PD on any subsequent I-140.
Rb_newsletter
07-15 06:06 PM
When I went to Canada from LA, one of the airlines staff did not even know that he has to take the I-94 out. And when I told him that he must take the I-94 then he called another airlines staff. He seemed to be aware of I-94 stuffs. I wonder if my I-94 card went to correct customs/immigration file.
I wonder why can't US immigration stamp on the passport when we leave the country. How can we trust an airlines staff? How do we know the airlines and it's staff are trained properly on immigration/I-94 process.
I wonder why can't US immigration stamp on the passport when we leave the country. How can we trust an airlines staff? How do we know the airlines and it's staff are trained properly on immigration/I-94 process.
snathan
02-15 01:54 AM
i have signed non compete , but when i signed it , he explained me that i should not go to the client through some other vendor , but i can join end client as end client has contract with Prime vendor that they can hire me full time .
But now he is claiming that i cant join full time with the client as well.
During my stay with that employer , he newer paid me on time and once he held my paycheck , just to harass me.
Do you think that these grounds fall under employee undue stress to be sufficient to turn down Non Compete in court ?
Didnt you read the paper before sign the paper. Also dont you have the copy of that
But now he is claiming that i cant join full time with the client as well.
During my stay with that employer , he newer paid me on time and once he held my paycheck , just to harass me.
Do you think that these grounds fall under employee undue stress to be sufficient to turn down Non Compete in court ?
Didnt you read the paper before sign the paper. Also dont you have the copy of that
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OLDMONK
04-17 02:42 PM
Filed Feb 22/06 got approved on March 7/06
I heard that people who ported their Old Priority date are taking that long a time as yours. Is your a fresh application or did it used Older Priority Date.
Else you may be a victim of IT issues they had initially with perm.
Anyway, There is a long wait now for filing concurrent 140/485..
I heard that people who ported their Old Priority date are taking that long a time as yours. Is your a fresh application or did it used Older Priority Date.
Else you may be a victim of IT issues they had initially with perm.
Anyway, There is a long wait now for filing concurrent 140/485..
forgerator
11-11 12:35 AM
yes I am in this current position. Let's see how it goes. The lawyer is evaluating it right now.
My EB3 ROW, although better off than India EB3, it's still in bad shape. I'm much better off trying for EB2 ROW (some of my Pakistani friends got their gc in less than 8 months)
got an update. Lawyer is proceeding to file mine under EB-2 and specifying the following requirement - Masters with 2 yr experience minimum or alternatively Bachelors + 5 yrs minimum. Hopefully everything works out smoothly!
My EB3 ROW, although better off than India EB3, it's still in bad shape. I'm much better off trying for EB2 ROW (some of my Pakistani friends got their gc in less than 8 months)
got an update. Lawyer is proceeding to file mine under EB-2 and specifying the following requirement - Masters with 2 yr experience minimum or alternatively Bachelors + 5 yrs minimum. Hopefully everything works out smoothly!
more...
h1techSlave
08-04 06:52 AM
While the thread was started on a light note, I think this is a serious topic.
Most of the people in the developed (and increasingly in the developing) countries are over-weight. I believe people are over weight, because they are not eating good food. People just follow the latest fad (in India this is oatmeal, soybeans etc. for now).
I have successfully managed my weight below 24 BMI for almost a decade now by eating good food. The key is "moderation" and eat unprocessed food as much as possible.
If you have to choose between whole milk and fat free milk, choose whole milk. If you have to choose between red rice and white rice, choose red rice. If you drink, do not drink the cheapest variety. Go for Blue label or Hennessey and drink just a peg a week. Go and eat the most expensive cut of beef and eat just an ounce of it. And for the record, I haven't found anything wrong with traditional breakfast (uppuma, puttu, dosa and what not). If you like the taste of oatmeal go for it, but once in a while.
And do not forget to do some exercise everyday. 30-40 minutes of walk, bicycling, swimming, playing some games; any thing will do.
Most of the people in the developed (and increasingly in the developing) countries are over-weight. I believe people are over weight, because they are not eating good food. People just follow the latest fad (in India this is oatmeal, soybeans etc. for now).
I have successfully managed my weight below 24 BMI for almost a decade now by eating good food. The key is "moderation" and eat unprocessed food as much as possible.
If you have to choose between whole milk and fat free milk, choose whole milk. If you have to choose between red rice and white rice, choose red rice. If you drink, do not drink the cheapest variety. Go for Blue label or Hennessey and drink just a peg a week. Go and eat the most expensive cut of beef and eat just an ounce of it. And for the record, I haven't found anything wrong with traditional breakfast (uppuma, puttu, dosa and what not). If you like the taste of oatmeal go for it, but once in a while.
And do not forget to do some exercise everyday. 30-40 minutes of walk, bicycling, swimming, playing some games; any thing will do.
prioritydate
07-23 11:32 PM
She must have had any idea before getting married. What was her consideration and how she thought of bringing him here to U.S?
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pd_recapturing
03-15 11:02 AM
Is there any issue when 1st labor was not a PERM labor and 2nd labor is going to be PERM labor and both from same employer ?
shahuja
02-06 09:28 AM
i just called DOS. He asked for my visa type and passport number. He said "your visa has been issued in Jan. Call the New Delhi consulate and they should let you know if it would come through mail or do you need to go pick it up"
what happens next ?? how long after this stage it takes to get the visa ?? are there any other checks that could be going on ?? ONCE DOS approves are there any other agencies like FBI, KCC doing some other approvals as well ?? if you know what happens next let me know..waiting for posts..
so now i know I am not stuck due to PIMS and DOS cleared and approved my visa in Jan..what else then ??
what happens next ?? how long after this stage it takes to get the visa ?? are there any other checks that could be going on ?? ONCE DOS approves are there any other agencies like FBI, KCC doing some other approvals as well ?? if you know what happens next let me know..waiting for posts..
so now i know I am not stuck due to PIMS and DOS cleared and approved my visa in Jan..what else then ??
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waitforgc1
05-07 12:08 PM
I think if iam not wrong its not based of the priority date or anything else. Its just random
TeddyKoochu
06-25 03:47 PM
Are the locations of your employer and client in the same city, otherwise the LCA submitted at the time of H1B extension becomes inconsistent. I believe your best bet is to file a new H1 if possible, MTR likely looks difficult as your current situation is different from what was petitioned. New H1 being approved may also depend on how big your company is internal project to them for consulting companies to them is synonymous with bench. All the best I believe you need a qualified attorney to assist you.
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txh1b
08-25 02:25 PM
The USCIS accepted that response and my case has resumed processing. So if I were you, I would have no problem taking the Engineering Manager title.
This doesn't mean much. The case is still being processed and is not a sign to rejoice or consider that your AC21 request has been accepted. The title isn't a big deal but the job description on labor and new job has to be same or similar.
I would be wary of your switch from a developer to a Manager and that qualifying for a AC21 under same/similar.
Where I work, what a developer does is significantly different than what an Architect or a manager does.
This doesn't mean much. The case is still being processed and is not a sign to rejoice or consider that your AC21 request has been accepted. The title isn't a big deal but the job description on labor and new job has to be same or similar.
I would be wary of your switch from a developer to a Manager and that qualifying for a AC21 under same/similar.
Where I work, what a developer does is significantly different than what an Architect or a manager does.
tnite
09-26 04:05 PM
Hi All,
NSC received my I765 applications on June 21st. I am still waiting for my EAD. I have seen many people from NSC got their approval for the same time frame. Is there anypone in the same boat. Is this something I should be worried about.
Thanks!
See my signature for NSC timeline for my I485
NSC received my I765 applications on June 21st. I am still waiting for my EAD. I have seen many people from NSC got their approval for the same time frame. Is there anypone in the same boat. Is this something I should be worried about.
Thanks!
See my signature for NSC timeline for my I485
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agpg
08-08 01:15 PM
Just had an infopass appointment.
Me: Can you tell us the status of our 485s?
I/O: Name checks are pending for both
Me: Do you know when they were started?
I/O: At the time your application was submitted (duh!)
Me: Would our applications still be processed?
I/O: Yes, they are at TSC(duh!) and they are aware of the 6 month rule
Me: Are they assigned to an officer?
I/O: Right now they are with the officer"s" at Texas, as recently as July 31st, not too long ago.
Me: When do our fingerprints expire?
I/O: blank
I had enough by then.. dont think anything will happen to our apps this month. My wife will get a RFE, because of incomplete medicals (Xray), I was atleast hoping to get that RFE this month.
Which area's infopass center is this? Was the officer friendly?
Me: Can you tell us the status of our 485s?
I/O: Name checks are pending for both
Me: Do you know when they were started?
I/O: At the time your application was submitted (duh!)
Me: Would our applications still be processed?
I/O: Yes, they are at TSC(duh!) and they are aware of the 6 month rule
Me: Are they assigned to an officer?
I/O: Right now they are with the officer"s" at Texas, as recently as July 31st, not too long ago.
Me: When do our fingerprints expire?
I/O: blank
I had enough by then.. dont think anything will happen to our apps this month. My wife will get a RFE, because of incomplete medicals (Xray), I was atleast hoping to get that RFE this month.
Which area's infopass center is this? Was the officer friendly?
Mik3
06-14 09:55 PM
I really don't get this anime thing... I don't find drawings attractive...
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USDream2Dust
07-27 01:20 PM
I am liking the answers. Also looks like my PD is sept 2006 and it would be a while before they approve my case. Meaning I can take off for couple of month go on vacation, come back, look for job, find a decent job and start working.
when in far future they approve me I need a letter from my new employer stating that I am working (not from original employer right?)
when in far future they approve me I need a letter from my new employer stating that I am working (not from original employer right?)
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krustycat
03-09 07:33 PM
if you have your I-140 approved then you should be ok, provided your earned more than the prevailing wage for that year.
Even if you have I-140 approved, if the salary at the time you filed I-485 was less than the prevailing wage, they will examine again the company's ability to pay.
My I-140 was approved in 2006 and back then my salary was enough to prove the company's ability to pay. However, I got a NOID in my I-485 and the officer is asking to prove ability to pay again.
Even if you have I-140 approved, if the salary at the time you filed I-485 was less than the prevailing wage, they will examine again the company's ability to pay.
My I-140 was approved in 2006 and back then my salary was enough to prove the company's ability to pay. However, I got a NOID in my I-485 and the officer is asking to prove ability to pay again.
Humpakistani
03-26 02:13 AM
its processing time is not more then a week
meridiani.planum
04-06 02:24 AM
I believe the general line of thought is any time between 6 to 12 months.
But I wonder how the AC21 affects this. It seems as though if you invoke AC21 and change employers before getting GC (following all rules like "similar job" etc) , you are not obligated to eventually join back the original GC sponsoring employer after one gets GC.
But if you stick with the same orginal GC sponsoring employer till you get GC, then you are obliged to show good faith intent and have to continue for 6-12 months (although technically USCIS/DOL don't give any specific limits). There is no AC21 kind of provision once you get GC !
there is no difference between using AC-21 or not. When you get your GC, the general line of thinking is that you stay with the current sponsoring employer for 6 months or more. AC-21 is merely a way of changing your 'current sponsoring employer'.
But I wonder how the AC21 affects this. It seems as though if you invoke AC21 and change employers before getting GC (following all rules like "similar job" etc) , you are not obligated to eventually join back the original GC sponsoring employer after one gets GC.
But if you stick with the same orginal GC sponsoring employer till you get GC, then you are obliged to show good faith intent and have to continue for 6-12 months (although technically USCIS/DOL don't give any specific limits). There is no AC21 kind of provision once you get GC !
there is no difference between using AC-21 or not. When you get your GC, the general line of thinking is that you stay with the current sponsoring employer for 6 months or more. AC-21 is merely a way of changing your 'current sponsoring employer'.
gc_on_demand
05-13 11:01 AM
Dear members
Please dont keep hope that there will be a CIR in a year. Why ? Mr President is not confident that he will bring it or not otherwise he would have sound plan and announcement. He is asking Mccain to take a lead on this and remember that news Mccain was angry on mexican delegation who went to him to argue to bring CIR.
This year they will not bring it with unemployment and other reason. Next year it will be election year.
If time is good they will attempt in 2011 so it will help in election 2012...again nothing can be done in 2012 too..
Please dont keep hope that there will be a CIR in a year. Why ? Mr President is not confident that he will bring it or not otherwise he would have sound plan and announcement. He is asking Mccain to take a lead on this and remember that news Mccain was angry on mexican delegation who went to him to argue to bring CIR.
This year they will not bring it with unemployment and other reason. Next year it will be election year.
If time is good they will attempt in 2011 so it will help in election 2012...again nothing can be done in 2012 too..
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