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sashram97
09-15 03:21 PM
Hi,
I-485 filed in july 2007. I-140 cleared in 2005.
We filed for GC in 2003 (eb3) in spite of my husband having two advanced degrees (M.Tech and Ph.d) but he is not working in the same field of ph.d. His company randomly filed in eb3 for all the employees.
But now my husband is diagnosed with chronic disease. We are thinking if we switch to eb2 since he is eligible to do that, atleast he would get some medical benefits for the treatment.
How do we proceed with this? Do we have to file labor again?
Any suggestions would be really appreciated.
I-485 filed in july 2007. I-140 cleared in 2005.
We filed for GC in 2003 (eb3) in spite of my husband having two advanced degrees (M.Tech and Ph.d) but he is not working in the same field of ph.d. His company randomly filed in eb3 for all the employees.
But now my husband is diagnosed with chronic disease. We are thinking if we switch to eb2 since he is eligible to do that, atleast he would get some medical benefits for the treatment.
How do we proceed with this? Do we have to file labor again?
Any suggestions would be really appreciated.
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gcnirvana
06-27 06:51 PM
From Immi-Law:
06/27/2007: SPECIAL ALERT: I-485 Cap for FY 2007 Can Be Exhausted Before End of July? Then What Will Happen?
According to the AILA, approximately 40,000 visas remain in all employment-based categories, other than EW, for FY2007, according to its sources, and that the USCIS has far more than 40,000 adjustment applications in the backlog queue that are ready for approval, not to mention the additional numbers which will be consumed in concular immigrant visa processing. It is thus possible that the cap may reach within a short period in July, even though no one can predict it until after July 2, 2007. The USCIS at this time does not have any policy announced with reference to July 2007 I-485 filings which are filed after certain date in July when the total number is exhausted. However, considering the fact that the USCIS currently rejects the "Other Worker" category I-485 applications even though June 2007 Visa Bulletin show current for certain applicants because the "other worker" category quota was exhausted on June 5, 2007. This raises a serious concern because as we reported earlier today, the USCIS appears to be picking up the speed of processing of backlog I-485 applications in anticipation of flood of July 485 applications. The USCIS hands may be tied, should the EB visa numbers for FY 2007 is exhausted before the end of July.
06/27/2007: SPECIAL ALERT: I-485 Cap for FY 2007 Can Be Exhausted Before End of July? Then What Will Happen?
According to the AILA, approximately 40,000 visas remain in all employment-based categories, other than EW, for FY2007, according to its sources, and that the USCIS has far more than 40,000 adjustment applications in the backlog queue that are ready for approval, not to mention the additional numbers which will be consumed in concular immigrant visa processing. It is thus possible that the cap may reach within a short period in July, even though no one can predict it until after July 2, 2007. The USCIS at this time does not have any policy announced with reference to July 2007 I-485 filings which are filed after certain date in July when the total number is exhausted. However, considering the fact that the USCIS currently rejects the "Other Worker" category I-485 applications even though June 2007 Visa Bulletin show current for certain applicants because the "other worker" category quota was exhausted on June 5, 2007. This raises a serious concern because as we reported earlier today, the USCIS appears to be picking up the speed of processing of backlog I-485 applications in anticipation of flood of July 485 applications. The USCIS hands may be tied, should the EB visa numbers for FY 2007 is exhausted before the end of July.
nousername
07-10 03:07 PM
Please update your profile..
Here are the answers:
1. No, you can not change the profile and should look for something which is similar to what was stated on your I-140.
2. You can switch to a new job provided your I-485 is pending for more then 180 days, which seems to be the case and the new job is similar to what is on I-140.
NOTE: NO, you can not switch from IT to finance. I mean you can but if you receive any RFE then you will have a big issue.
I am currently working as a Functional Solution Architect in an IT firm.
Current Status: H1B (6th year)
GC status as follows:
Priority Date: April 2007
EAD received: October 2007
I-140 is approved.
Under the AC21 portability I believe I can change my employer without affecting my GC process. However I want to change my field of work from IT to Finance. My question is:
1. Is that permissible and can I use my EAD to work for a new employer in a different field.
2. If the above is not permissible and If I change my job in the same field, can my previous employer cancel my GC process, even though my I-140 is approved. If they can, how can I mitigate that possibility.
Thanks in advance for your response.
Here are the answers:
1. No, you can not change the profile and should look for something which is similar to what was stated on your I-140.
2. You can switch to a new job provided your I-485 is pending for more then 180 days, which seems to be the case and the new job is similar to what is on I-140.
NOTE: NO, you can not switch from IT to finance. I mean you can but if you receive any RFE then you will have a big issue.
I am currently working as a Functional Solution Architect in an IT firm.
Current Status: H1B (6th year)
GC status as follows:
Priority Date: April 2007
EAD received: October 2007
I-140 is approved.
Under the AC21 portability I believe I can change my employer without affecting my GC process. However I want to change my field of work from IT to Finance. My question is:
1. Is that permissible and can I use my EAD to work for a new employer in a different field.
2. If the above is not permissible and If I change my job in the same field, can my previous employer cancel my GC process, even though my I-140 is approved. If they can, how can I mitigate that possibility.
Thanks in advance for your response.
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sweet_jungle
07-27 05:17 PM
Hi,
There seems to be a lot of mixed information about F1-OPT and I-485.
My wife is on a F1 visa. She will be finishing school soon. She also has a pending I-485 linked to my application and an "approved" EAD.
Can she apply for OPT?
I will appreciate if someone can shed light on this.
Thanks.
She can apply , but most probably it will be denied. The I-765 form that will be used will have a question regarding previous employment authorizations applied for. She will have to mention about the EAD. Hence, USCIS will see the person has a pending I-485 and will deny the OPT. It is better not to apply.
The EAD that she has gives all the benefits of OPT. the only risk is she no longer has any backup F1 status if something happens to 485, but there is no way this can be averted.
Only thing you can do is when she works on EAD, ask that company to file H1 whenever possible, which anyway the company would have done if she worked on OPT. That way she will get backup H1 status
There seems to be a lot of mixed information about F1-OPT and I-485.
My wife is on a F1 visa. She will be finishing school soon. She also has a pending I-485 linked to my application and an "approved" EAD.
Can she apply for OPT?
I will appreciate if someone can shed light on this.
Thanks.
She can apply , but most probably it will be denied. The I-765 form that will be used will have a question regarding previous employment authorizations applied for. She will have to mention about the EAD. Hence, USCIS will see the person has a pending I-485 and will deny the OPT. It is better not to apply.
The EAD that she has gives all the benefits of OPT. the only risk is she no longer has any backup F1 status if something happens to 485, but there is no way this can be averted.
Only thing you can do is when she works on EAD, ask that company to file H1 whenever possible, which anyway the company would have done if she worked on OPT. That way she will get backup H1 status
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newbie2020
06-17 08:56 PM
It all depends when someone applies for the labor, if you had BS+ 5 yrs exp and then did MS +4 yrs if you apply your labor now you can claim MS+9 again the experience at the current employer is not counted.....
ramaonline
07-27 09:54 PM
AFAIK, to switch to consular processing, you may need to withdraw the I485 and file an amended I140 indicating Consular processing. Please confirm with an attorney
There was a post on the attorney forum with some additional information
It is certainly possible to continue the green card process in your situation. The key requirement is that once your PD becomes current you MUST have a full time permanent job offer in the US, which you intend to accept.
If you abandon your I-485 and pursue consular processing, that position MUST be in the same position and with the same employer that obtained your labor certification. AC-21 DOES NOT APPLY TO CONSULAR PROCESSING. If you maintain either your A/P validity or H-1 visa validity, as long as the position is in the "same or similar occupation", it can be with any US employer.
Keep in mind that even if your family ends up abandoning their I-485's, as long as you do not abandon your I-485 they will be able to "follow to join" you once your AOS is granted.
Also keep in mind the possibility of EB-1 eligibility if your position with the new company can be characterized as managerial or executive and you are able to secure a transfer back to the US in a managerial or executive position after working in India for at least one year.
There was a post on the attorney forum with some additional information
It is certainly possible to continue the green card process in your situation. The key requirement is that once your PD becomes current you MUST have a full time permanent job offer in the US, which you intend to accept.
If you abandon your I-485 and pursue consular processing, that position MUST be in the same position and with the same employer that obtained your labor certification. AC-21 DOES NOT APPLY TO CONSULAR PROCESSING. If you maintain either your A/P validity or H-1 visa validity, as long as the position is in the "same or similar occupation", it can be with any US employer.
Keep in mind that even if your family ends up abandoning their I-485's, as long as you do not abandon your I-485 they will be able to "follow to join" you once your AOS is granted.
Also keep in mind the possibility of EB-1 eligibility if your position with the new company can be characterized as managerial or executive and you are able to secure a transfer back to the US in a managerial or executive position after working in India for at least one year.
more...
thomachan72
11-03 02:28 PM
My perm was filed in May 2007 in EB2. Got RFE in July 2007. Replied within 2 weeks. No response since then.
Can I do anything from my side. Is there any way to contact/request DOL to inquire about the case.
They are aparently processing audit cases dated September / october 2007 so yours seems strange. I have no idea about how to contact the labor department. Hopefully some one who knows will point you in the right direction.
Can I do anything from my side. Is there any way to contact/request DOL to inquire about the case.
They are aparently processing audit cases dated September / october 2007 so yours seems strange. I have no idea about how to contact the labor department. Hopefully some one who knows will point you in the right direction.
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looneytunezez
06-05 07:02 PM
Overtime is paid only if you are a non-exempt employee - usually means you get paid hourly. If you are an exempt employee, then you are not eligible for overtime. Not sure if this is different in different states, but that is how it works in Ohio.
Same is true here in CA (Only non-exempt employees get overtime).
Again, check with your state agency regards to overtime pay..... or consult a employment attorney...
Same is true here in CA (Only non-exempt employees get overtime).
Again, check with your state agency regards to overtime pay..... or consult a employment attorney...
more...
gchandu
07-20 12:27 PM
Yes it happened to me, I didnt loose my internet connection that time but simply forget to change address on my pending 485 applications :)
Called the USCIS customer service center and one of the representative did update manually. Yes you can also do that for sure
Thanks
Chandu
Hi there,
I changed my address using the online facility provided by USCIS by filling out the AR-11 form. I got the confirmation for that. After that when I started to change for pending petitions (I-485), lost my internet connection. I could not go back to that part again.
I checked all the FAQ's etc but could not find a link that would explain how to change only the pending petitions, since AR-11 was already changed.
Please let me know if anybody was in the similar situation.
Thank you!!!
Called the USCIS customer service center and one of the representative did update manually. Yes you can also do that for sure
Thanks
Chandu
Hi there,
I changed my address using the online facility provided by USCIS by filling out the AR-11 form. I got the confirmation for that. After that when I started to change for pending petitions (I-485), lost my internet connection. I could not go back to that part again.
I checked all the FAQ's etc but could not find a link that would explain how to change only the pending petitions, since AR-11 was already changed.
Please let me know if anybody was in the similar situation.
Thank you!!!
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GC_SUCK
10-27 11:03 AM
I could not understand what you mean by "NON-RIR labors were being processed first compared to the RIR ones. "
From AILA and immigration-law.com:
"AILA has reported that the BECs are still processing April 2001 traditional cases for the traditional case track and it is not expected to move ahead for sometime due to the huge number of 245(i) cases which were filed in April 2001."
I think we will not see a lot for Traditional Cases for a looong time.
My NON-RIR - PD - 04/2002 is also stuck in BEC.
Last i read was that the NON-RIR labors were being processed first compared to the RIR ones. So think twice before u take any decision.
From AILA and immigration-law.com:
"AILA has reported that the BECs are still processing April 2001 traditional cases for the traditional case track and it is not expected to move ahead for sometime due to the huge number of 245(i) cases which were filed in April 2001."
I think we will not see a lot for Traditional Cases for a looong time.
My NON-RIR - PD - 04/2002 is also stuck in BEC.
Last i read was that the NON-RIR labors were being processed first compared to the RIR ones. So think twice before u take any decision.
more...
eb3_nepa
08-11 09:58 PM
I'll take it all, where do I pick it up from? ;)
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masti_Gai
10-26 10:45 AM
The most important point to be noted here is:
The job / position should demand a person with Master degree or a Bachelor's degree with more than 5 yrs experience in order to quality for EB2.
Not just having a Master degree or Bachelor's plus 5 yrs experience is gonna help.
So there are a lot of things to be looked at else u will be denied a EB2 labor.
The job / position should demand a person with Master degree or a Bachelor's degree with more than 5 yrs experience in order to quality for EB2.
Not just having a Master degree or Bachelor's plus 5 yrs experience is gonna help.
So there are a lot of things to be looked at else u will be denied a EB2 labor.
more...
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neeidd
07-08 07:31 PM
Could some one please clarify?
My wife and I were entered on AP lately and since I work for the same employer, I am still working on my H1 and am planning to extend my H1. My wife is working on EAD, can she still able to apply for H4 based on my H1? We want to have her H4 as a back-up!
Thanks
My wife and I were entered on AP lately and since I work for the same employer, I am still working on my H1 and am planning to extend my H1. My wife is working on EAD, can she still able to apply for H4 based on my H1? We want to have her H4 as a back-up!
Thanks
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05-14 01:35 AM
Any help from an attorney would be appreciated
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04-11 02:22 PM
^^^^^^^^^
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psaxena
01-14 02:16 PM
While driving back , at POE the process is simple. Always show your AP before passport and they will let you in. Never show the passport before the AP.
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willIWill
12-10 03:33 PM
EB
ROW CHINA INDIA MEXICO PHILIP-PINES
1st C C C C C
2nd C 01MAY05 22JAN05 C C
3rd 01AUG02 01AUG02 22JUN01 01JUL02 01AUG02
Other Workers 01JUN01 01JUN01 01JUN01 01JUN01 01JUN01
ROW CHINA INDIA MEXICO PHILIP-PINES
1st C C C C C
2nd C 01MAY05 22JAN05 C C
3rd 01AUG02 01AUG02 22JUN01 01JUL02 01AUG02
Other Workers 01JUN01 01JUN01 01JUN01 01JUN01 01JUN01
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Canadian_Dream
10-04 04:30 PM
Check the I-94 date on the previous extension. If she overstayed beyond that date it could lead to 3/10 year bar depending upon her period of overstay. USCIS rarely ever grant extension for more that 6 months after the initial six month admission.
my mothe in law is visiting us. she came to the Us last Aug 2006 as a B2 (tourist visa). we extented her visa once which iwas valid for Aug 8, 2007. then we applied for the extention again. yesterday we received the letter saying USCIS is not going to extend the visa anymore. the application had been rejected. but they didn't mentioned any date in the letter about when she have to go back.
what is safe for her? does she have any deadline to go back? is it 15 days or a month....
someone please let me know...thanks ahead
my mothe in law is visiting us. she came to the Us last Aug 2006 as a B2 (tourist visa). we extented her visa once which iwas valid for Aug 8, 2007. then we applied for the extention again. yesterday we received the letter saying USCIS is not going to extend the visa anymore. the application had been rejected. but they didn't mentioned any date in the letter about when she have to go back.
what is safe for her? does she have any deadline to go back? is it 15 days or a month....
someone please let me know...thanks ahead
sukhyani
10-04 09:55 AM
A friend of mine got an RFE (asking for employment letter) on his I485 yesterday. Does that mean they are working on his case? His priority date is later than mine and I dont hear anything from them!
andhrawala1000
03-16 07:20 PM
Pay stub amount is not in issue. Paystub is submitted as evidence that you are working (and thus in valid status on day you file the H1). As for visa, a valid visa in ppt can be used for travel though you have changed employers. But on reentry you must show the original receipt notice of employer (to whom you transferred). If you have got the approval, show that to get an extended I-94 and documenting correct employer on the I-94 and USCIS records.
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