humdesi
12-07 10:37 PM
I've known a few EB-1's. The typical profile is a guy with a few years experience working in a desi outsourcing company in India. Their direct reports are a few freshers from colleges you've never heard of, some with 3 yr diplomas.
After a year, they move here on L-1 visa and promptly apply for GC. In the US, their direct reports are other fresh H-1Bs or L-1s. They plan the whole thing just with an EB-1 in mind - and they get it too.
In the past EB-1 numbers have been unused and distributed to EB-2/EB-3. I don't see that happening in the future.
After a year, they move here on L-1 visa and promptly apply for GC. In the US, their direct reports are other fresh H-1Bs or L-1s. They plan the whole thing just with an EB-1 in mind - and they get it too.
In the past EB-1 numbers have been unused and distributed to EB-2/EB-3. I don't see that happening in the future.
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desi3933
06-13 05:26 AM
Have you done this ...or do you know some text that say this /....can have a 3 yr extension based on the pervious 140 ...
That is from 2007 to 2010 ....Thanks
As long as you have approved and active I-140 (from ANY employer) and the PD is not current, one can get 3 year H1 extension. IF the PD is current, one can get only 1 year of H1 extension.
The term of such extension is always from the date of approval. For example, it would be July 2007 to July 2010 even if current H1 expires in, say, Oct 2008.
Good Luck.
------------------------------------------------------------------------
Please verify details with your lawyer/attorney. This is just my opinion and not be taken as legal advice.
That is from 2007 to 2010 ....Thanks
As long as you have approved and active I-140 (from ANY employer) and the PD is not current, one can get 3 year H1 extension. IF the PD is current, one can get only 1 year of H1 extension.
The term of such extension is always from the date of approval. For example, it would be July 2007 to July 2010 even if current H1 expires in, say, Oct 2008.
Good Luck.
------------------------------------------------------------------------
Please verify details with your lawyer/attorney. This is just my opinion and not be taken as legal advice.
Tshelar
07-23 09:03 AM
I would always recommend choosing Career over GC. I am guessing you'll are a young couple. Most of us take risk of jumping jobs and carriers before we are married or before one starts a family. Believe me once you start a family and are raising kids all your drive to look for better prospect will start diminishing. You will be happy with you a 9 to 5 job.
So my 2 cents go for a better career now.
I understand it is a tough call but I am sure you will make a right one and whatever happens in future do not repent on your decision as future is unpredictable and one can only make decisions based on the current facts.
So my 2 cents go for a better career now.
I understand it is a tough call but I am sure you will make a right one and whatever happens in future do not repent on your decision as future is unpredictable and one can only make decisions based on the current facts.
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sanju
02-05 03:58 PM
Cris,
I just called teh number and was able to talk to the officer.. he said the case under review.. means.. Any idea.
Thanks again.
I guess, thats what Chris was asking :D
I just called teh number and was able to talk to the officer.. he said the case under review.. means.. Any idea.
Thanks again.
I guess, thats what Chris was asking :D
more...
kaizersoze
03-21 12:30 PM
I just posted this on another thread. I'lls et up a conf call, hopefully this weekend. We need to build some momentum and meet as many lawmakers as possible.
PS: This post pertains to seattle area congressmen. I'll post a contact list of lawmakers in the northwest region. I noticed that someone from portland als posted here.
Folks,
As part of the WA state chapter, we have started meeting lawmakers. We met one congressman last week, are meeting one this friday and another next week and more as appointments get scheduled. I just want to share at this point that the initial reaction was very positive. They are very approachable, and very willing to listen. They understood the pain we are going through and noted the suggestions we made and the provisions that we want them to support.
I want to point out that although they were aware of the ongoing debate on immigration and the difference between H1B issues and GC issues, they dont fully understand the GC process and how long and how much we suffer in the process. Once they realize this, they look at it differently. The only way they will know is if we go and talk to them !!
I request and urge everyone to take 2 mins out of their busy schedules and just call their congressmen/senators. Help the core team out. They cannot do everything themselves. IV has all the material ready on the website. All you have to do is spend 30 mins talking to the representatives about it. I am speaking from personal experience. IT GOES A LONG WAY !!
Once we have met a couple more lawmakers, I'll put a detailed post about the takeaways.
PS: This post pertains to seattle area congressmen. I'll post a contact list of lawmakers in the northwest region. I noticed that someone from portland als posted here.
Folks,
As part of the WA state chapter, we have started meeting lawmakers. We met one congressman last week, are meeting one this friday and another next week and more as appointments get scheduled. I just want to share at this point that the initial reaction was very positive. They are very approachable, and very willing to listen. They understood the pain we are going through and noted the suggestions we made and the provisions that we want them to support.
I want to point out that although they were aware of the ongoing debate on immigration and the difference between H1B issues and GC issues, they dont fully understand the GC process and how long and how much we suffer in the process. Once they realize this, they look at it differently. The only way they will know is if we go and talk to them !!
I request and urge everyone to take 2 mins out of their busy schedules and just call their congressmen/senators. Help the core team out. They cannot do everything themselves. IV has all the material ready on the website. All you have to do is spend 30 mins talking to the representatives about it. I am speaking from personal experience. IT GOES A LONG WAY !!
Once we have met a couple more lawmakers, I'll put a detailed post about the takeaways.
srini1976
01-10 07:50 PM
I heard yes. 20 employees were laid off on 13th Jan
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EndlessWait
05-01 12:09 PM
If old I-140 has not been revoked, you are entitled to the old PD.
8 CFR 204.5
(e) Retention of section 203(b)(1) , (2) , or (3) priority date. -- A petition approved on behalf of an alien under sections 203(b)(1), (2), or (3) of the Act accords the alien the priority date of the approved petition for any subsequently filed petition for any classification under sections 203(b)(1), (2), or (3) of the Act for which the alien may qualify. In the event that the alien is the beneficiary of multiple petitions under sections 203(b)(1), (2), or (3) of the Act, the alien shall be entitled to the earliest priority date. A petition revoked under sections 204(e) or 205 of the Act will not confer a priority date, nor will any priority date be established as a result of a denied petition. A priority date is not transferable to another alien.
it it was not fraudulent.. that's what my lawyer told me
8 CFR 204.5
(e) Retention of section 203(b)(1) , (2) , or (3) priority date. -- A petition approved on behalf of an alien under sections 203(b)(1), (2), or (3) of the Act accords the alien the priority date of the approved petition for any subsequently filed petition for any classification under sections 203(b)(1), (2), or (3) of the Act for which the alien may qualify. In the event that the alien is the beneficiary of multiple petitions under sections 203(b)(1), (2), or (3) of the Act, the alien shall be entitled to the earliest priority date. A petition revoked under sections 204(e) or 205 of the Act will not confer a priority date, nor will any priority date be established as a result of a denied petition. A priority date is not transferable to another alien.
it it was not fraudulent.. that's what my lawyer told me
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it is ok
05-18 05:27 PM
Unfortunately lot of fresh PhDs who apply as EB-1 even after getting a faculty position are usually denied on grounds of lacking enough professional experience. It is not easy to be qualified as a n EB-1 even if you have a PhD. So, most of the PhD's I know are in the EB-2 queue.
But with this provision, those PHDs will get their own quota, they would not have to contend with EB2 or EB1, right?
But with this provision, those PHDs will get their own quota, they would not have to contend with EB2 or EB1, right?
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nat23
06-26 12:15 PM
There is expected to be another vote on Thursday evening to move towards limiting the debate on the Bill and a final vote is expected to be by Friday.
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InTheMoment
04-09 08:58 PM
I take it the program you applied for is not in the NRMP match and/or you are given a pre-match.
In any case if you want the program you desire and you are fortunate to have the EAD in hand ...what should stop you ! In my opinion just use the EAD and make the best.
I am using AC21 and my spouse is also going in for fellowship. We did not blink a moment to make the best out of the EAD.
So go for it ! (after consulting a reputable attorney if that would make you feel better)
In any case if you want the program you desire and you are fortunate to have the EAD in hand ...what should stop you ! In my opinion just use the EAD and make the best.
I am using AC21 and my spouse is also going in for fellowship. We did not blink a moment to make the best out of the EAD.
So go for it ! (after consulting a reputable attorney if that would make you feel better)
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vinabath
05-15 01:04 PM
What a coincidence.....
1. EB3 I-140 ceritified - Feb2003. - Salary 60K (Soft Developer)
2. EB2 - Labor approved -Oct 2005 Waiting for PD to port - Salary 80k ( IS manager)
I do not know what to do, I am thinking couple of situations.
I. File 485 with EB3.
Advantages:
Low Salary Requirements,
Generic Job Duties,
Easy to use AC21,
Already approved I-140
Disadvantages:
Possible retrogression,
So more wait before realizing the dream of actual freedom.
II. File 485 with EB2 labor (concurrent filing)
Advantages:
Less chance of retrogression.
Quicker path to GC.
Disadvantages:
I-140 denial chances
more money to spend for I-140 and PP
Difficult to use AC21 - difficult to find managerial job with 80K salary in Midwest.
Someone please tell us that we can replace/upgrade the underlying I-140 tagged to 485 application.
1. EB3 I-140 ceritified - Feb2003. - Salary 60K (Soft Developer)
2. EB2 - Labor approved -Oct 2005 Waiting for PD to port - Salary 80k ( IS manager)
I do not know what to do, I am thinking couple of situations.
I. File 485 with EB3.
Advantages:
Low Salary Requirements,
Generic Job Duties,
Easy to use AC21,
Already approved I-140
Disadvantages:
Possible retrogression,
So more wait before realizing the dream of actual freedom.
II. File 485 with EB2 labor (concurrent filing)
Advantages:
Less chance of retrogression.
Quicker path to GC.
Disadvantages:
I-140 denial chances
more money to spend for I-140 and PP
Difficult to use AC21 - difficult to find managerial job with 80K salary in Midwest.
Someone please tell us that we can replace/upgrade the underlying I-140 tagged to 485 application.
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eastindia
01-06 09:44 AM
I understand that this bill many not pass or even move any forward. I thought two senior senators from both parties showing interest in this topic is a great opportunity for IV to present our case in a different light. We have been clamoring about the difficulties we are facing because of the present delay in green card processing. Unfortunately this is only our problem and no one else really has to be bothered about it. If we present our case in a mutually beneficial point of view perhaps some of the politicians will have little more interest in our situation. Remember JFK’s famous words…”Ask not what the country can do for you….” If we write to Senators Kerry and Lugar now, even if the bill does not pass, they will consider our situation slightly differently next time CIR or another immigration bill is introduced in the congress. I think IV ought to present our case in all different angles possible rather than the one way approach of expecting mercy in our situation. Most importantly, I think the premise of the proposed Kerry/Lugar bill is very much applicable the folks in IV. Aren’t many people in this forum waiting for an opportunity to do some business on their own? That is how new immigrants in America have always been. We shouldn’t be any different. I am sure we cannot bring in the capital that senators are looking for. But why don’t they view us slightly differently?
If it is a great opportunity, why dont everyone work on it. Start with investing in IV and taking part in it. IV is you and me.
75% of us in this forum do not qualify for the legislation being proposed here!
You are saying we folks cannot even invest 100K into business?
Even if I agree with you for a second. According to you out of 50 thousand IV members 10 thousand members qualify for this legislation. 10 thousand is a very big number.
Where are these ten thousand members? Even if these 10 thousand members invest $25 per month to lobby this bill it will be 250K per month to lobby. This is a huge amount and they can lobby this bill easily. The problem I see in IV is that out of 50 thousand people only 50 people have $25 per month to invest to lobby their own issues. Rest everyone is just sitting here and only contributing opinions.
If it is a great opportunity, why dont everyone work on it. Start with investing in IV and taking part in it. IV is you and me.
75% of us in this forum do not qualify for the legislation being proposed here!
You are saying we folks cannot even invest 100K into business?
Even if I agree with you for a second. According to you out of 50 thousand IV members 10 thousand members qualify for this legislation. 10 thousand is a very big number.
Where are these ten thousand members? Even if these 10 thousand members invest $25 per month to lobby this bill it will be 250K per month to lobby. This is a huge amount and they can lobby this bill easily. The problem I see in IV is that out of 50 thousand people only 50 people have $25 per month to invest to lobby their own issues. Rest everyone is just sitting here and only contributing opinions.
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surabhi
04-08 05:24 AM
This is serious and could affect quite a few.
Summary: you could be affected if ALL of the folllowing is true
1)you have a PD before July 16, 2007 ( likely case is EB3 I/C 2002/2003 PD)
2) you have left your original employer ( whether you stayed for 180 days after I-485 application to comply with AC-21 rule doesnt matter)
3) your original employer has used your labor to subsititute some on else ( before July 16,2007)
Remember you are affected even though you are the original beneficiary.
How did this case happen?
This happend because USCIS not following LIFO processing
1. The original applicat applied labor in April 2001
2. Labor approved in Jan 2002
3. Original applicant applied I-140 in April 2002
4. i-140 approved in July 2002
5. Original applicant applies for I-485 in Dec 2002
In Jan 2004, after more than year ( > 180 days and Ac-21 was enacted), original applicant leaves the employer, presuming that she is safe and covered under Ac-21
Employer promptly writes to USCIS asking to revoke I-140. The employer goes ahead and uses the labor for another person and files I-140
The USCIS apprves I-140 and subsequently I-485 for the subsituted beneficiary.
So how could USCIS approve a I-485 that was filed at least 18 months later than the original applicant. ( May be the subsituted applicant was from different chargeability country and hence could ge approved??)
Now the original applicant is screwed because USCIS cannnot approve 2 I-485 petitions based on same labor.
I feel for the original applicant. She played by rules all along, but got screwed anyway
Now you can see the chances of your case being caught in similar circumstrances
1. You are EB3, India/China with PD around 2002/2003
2. You filed I-485 sometime before July 2007 ( if you filed during July 2007 and you were with original employer at that time, this doesnt apply)
3. You left your original employer before July 2007
4. Unbeknownst to you, your original employer has subsituted your labor for another person.(before July 16, 2007)
5. that other person also filed for I-1485
6. Now its a timebomb waiting to explode
Summary: you could be affected if ALL of the folllowing is true
1)you have a PD before July 16, 2007 ( likely case is EB3 I/C 2002/2003 PD)
2) you have left your original employer ( whether you stayed for 180 days after I-485 application to comply with AC-21 rule doesnt matter)
3) your original employer has used your labor to subsititute some on else ( before July 16,2007)
Remember you are affected even though you are the original beneficiary.
How did this case happen?
This happend because USCIS not following LIFO processing
1. The original applicat applied labor in April 2001
2. Labor approved in Jan 2002
3. Original applicant applied I-140 in April 2002
4. i-140 approved in July 2002
5. Original applicant applies for I-485 in Dec 2002
In Jan 2004, after more than year ( > 180 days and Ac-21 was enacted), original applicant leaves the employer, presuming that she is safe and covered under Ac-21
Employer promptly writes to USCIS asking to revoke I-140. The employer goes ahead and uses the labor for another person and files I-140
The USCIS apprves I-140 and subsequently I-485 for the subsituted beneficiary.
So how could USCIS approve a I-485 that was filed at least 18 months later than the original applicant. ( May be the subsituted applicant was from different chargeability country and hence could ge approved??)
Now the original applicant is screwed because USCIS cannnot approve 2 I-485 petitions based on same labor.
I feel for the original applicant. She played by rules all along, but got screwed anyway
Now you can see the chances of your case being caught in similar circumstrances
1. You are EB3, India/China with PD around 2002/2003
2. You filed I-485 sometime before July 2007 ( if you filed during July 2007 and you were with original employer at that time, this doesnt apply)
3. You left your original employer before July 2007
4. Unbeknownst to you, your original employer has subsituted your labor for another person.(before July 16, 2007)
5. that other person also filed for I-1485
6. Now its a timebomb waiting to explode
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oomshiva
07-12 09:46 AM
this is realy getting more confusing and I think
Dal mein kuch kala hai ( something is verrrrrrrrrrrrrrrrry fishy going on behind how to solve this )
Dal mein kuch kala hai ( something is verrrrrrrrrrrrrrrrry fishy going on behind how to solve this )
more...
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h1techSlave
01-27 08:48 AM
Initially I also thought that this bill would remove 40, 000 numbers from the numerical queue. But in reality that may not be the case. 40, 000 is the EB1 quota. How many of those are PhDs? Anecdotal evidence is that majority of EB1 now goes to International managers. So number wise this bill may not do much.
But I wholeheartedly support this bill. Even if this removes 5, 000 people from the queue. It is better than nothing. 5, 000 is two years worth of EB3-I quota :) :)
Even if its only for Phd's ....40,000 More Visas will be available for EB2 and EB3
i think EB2 Back log will be wiped away just in 1 year and fall down will be there for EB3.
But I wholeheartedly support this bill. Even if this removes 5, 000 people from the queue. It is better than nothing. 5, 000 is two years worth of EB3-I quota :) :)
Even if its only for Phd's ....40,000 More Visas will be available for EB2 and EB3
i think EB2 Back log will be wiped away just in 1 year and fall down will be there for EB3.
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prioritydate
07-25 11:11 AM
Here is the calculation I came up with USCIS processing of our I-485 applications.
USCIS should allocate 140,000 applications in a fiscal year. So, in a month they need to process, at least, 140,000/ 12 = 11,667 applications.
Assuming that they have, at least, 20 working days in a month, they need to process 11,667/ 20 = 584 applications.
So, now the question is, how many employees does USCIS have and are dedicated to the I-485 processing? We don�t know the exact number. Considering that USCIS is getting lot of revenue, they should have, at least, 50 employees doing this work.
So, 584/50 = 12(Approx) applications they need to process in a day, per person.
So, do you think it is viable? Of course, it is�
What they need to process the I-485 application? They are not doing any FBI names check, or background check (Assuming that everything is done by other organization). So, how long does it take to review the I-485 application? Well, when I filled the application, it took me about 1 hour. So, to review it, let�s us say, it takes about 1/2 the time fill the application; that�s about half an hour. Considering the calculation that we made, it takes an about 6 hours to process 12 candidates. With this assumption, they still have 2 hours left to do miscellaneous tasks. Now the question is what the heck they are doing all the time? Why did they process only 80,000 applications in about 8 months? Are they lazy? Don�t they have enough employees (This shouldn�t be; an average Indian consultant company will have at least 20 employees!!). This is really a mystery. Anyways, if the USCIS really and whole heartedly wants to process the applications, they can; but they really don�t care about immigrants or their plights. :rolleyes:
USCIS should allocate 140,000 applications in a fiscal year. So, in a month they need to process, at least, 140,000/ 12 = 11,667 applications.
Assuming that they have, at least, 20 working days in a month, they need to process 11,667/ 20 = 584 applications.
So, now the question is, how many employees does USCIS have and are dedicated to the I-485 processing? We don�t know the exact number. Considering that USCIS is getting lot of revenue, they should have, at least, 50 employees doing this work.
So, 584/50 = 12(Approx) applications they need to process in a day, per person.
So, do you think it is viable? Of course, it is�
What they need to process the I-485 application? They are not doing any FBI names check, or background check (Assuming that everything is done by other organization). So, how long does it take to review the I-485 application? Well, when I filled the application, it took me about 1 hour. So, to review it, let�s us say, it takes about 1/2 the time fill the application; that�s about half an hour. Considering the calculation that we made, it takes an about 6 hours to process 12 candidates. With this assumption, they still have 2 hours left to do miscellaneous tasks. Now the question is what the heck they are doing all the time? Why did they process only 80,000 applications in about 8 months? Are they lazy? Don�t they have enough employees (This shouldn�t be; an average Indian consultant company will have at least 20 employees!!). This is really a mystery. Anyways, if the USCIS really and whole heartedly wants to process the applications, they can; but they really don�t care about immigrants or their plights. :rolleyes:
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brit89
07-07 02:02 PM
How many years of years of W-2 form copies do we need to attach, when we file I-485 applications?
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Krilnon
03-04 07:28 PM
It hasn't even been 23 hours yet, calm down! :P
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dealsnet
03-30 09:43 AM
:eek:What is your point ?
What you want to say ?:confused:
Ok sorry if I post this in the wrong place. So I married my wife in 2004 and we began the immigration fillings right away. so you know I was turned away at the border in 2000 because I was going to stay with my wife and her family for 3 months.
When they asked why they would put me up for that long, I told them they were like my adopted family. they still turned me away saying that the money I had at the time $300 was not enough to support my self for that time. this was summer break from school. So that is from my record and the officer who interviewed me wrote in his report that I intended to be adopted for immigration purposes. I think he just mis understood me. ok so that is in the noid. when we went to the first interview the woman was hostile towards my wife and I asking about our age and how we met we are 22 years apart in age. we provided her with documents some bills, photos and joint bank account statement. this is all we had in the first 4 months of out marriage. she asked repeatedly why we had not made any major joint purchases Why we didn't have joint health care. both because I had just started working and had not saved money yet.
We had a second interview to which we took the same documents and more. This interview was short. The interviewer was professional and asked alot of yes and yes questions and would stop us from going on more then that. he said that he had to talk with his supervisor and we would hear from him with in six months. So nothing from them from them for 4 years I called the help line once a year and kept up my EAD and worked full time. Then 2 guys showed up and asked to be showed around the house. we let them in and they interviewed us they took some photos and said have a good day.
Then 6 months later we received our first NOID. Stating that I had been turned away the one time and that I had said I was to be adopted. That I was in a relationship with a person that does not exists. They pointed out that there were photos of my wife with her ex-husband on the walls.
So we go see some lawyers talk to like 6 of them and picked the one who seemed best. talked to people in out community friends who had immigrated. ects. so his plan was to withdraw and file anew to get a fresh first interview. So we refiled with a stack of documents 4 inches thick. insurance, all of our bill, tax returns, car payments. anything we could think of.
So we get anther interview dude takes us back to his office. asked me the basic security questions. and sent me away. Then told my wife and lawyer that the first filing was denied and letters sent. and that they never received our letter withdrawing the first filing. we never received their denial letter. He said he would review out case and the new documents. he sent a NOID for the second filing like 4 months later. So we responded to the noid with a letter from my wife and I refuting the noid line by line. And with letters from friends PHD professors at the local collages. about 10 - 15 all in all and we have not had a reply from them. So the layer said that we had to wait on the USCIS to make the next move. is this so is there anything we can do to move this along? should we switch lawyers? we really like the man we have but I dont know its been over a year now.
sorry for the poor grammar its really late here. thanks for your health.
What you want to say ?:confused:
Ok sorry if I post this in the wrong place. So I married my wife in 2004 and we began the immigration fillings right away. so you know I was turned away at the border in 2000 because I was going to stay with my wife and her family for 3 months.
When they asked why they would put me up for that long, I told them they were like my adopted family. they still turned me away saying that the money I had at the time $300 was not enough to support my self for that time. this was summer break from school. So that is from my record and the officer who interviewed me wrote in his report that I intended to be adopted for immigration purposes. I think he just mis understood me. ok so that is in the noid. when we went to the first interview the woman was hostile towards my wife and I asking about our age and how we met we are 22 years apart in age. we provided her with documents some bills, photos and joint bank account statement. this is all we had in the first 4 months of out marriage. she asked repeatedly why we had not made any major joint purchases Why we didn't have joint health care. both because I had just started working and had not saved money yet.
We had a second interview to which we took the same documents and more. This interview was short. The interviewer was professional and asked alot of yes and yes questions and would stop us from going on more then that. he said that he had to talk with his supervisor and we would hear from him with in six months. So nothing from them from them for 4 years I called the help line once a year and kept up my EAD and worked full time. Then 2 guys showed up and asked to be showed around the house. we let them in and they interviewed us they took some photos and said have a good day.
Then 6 months later we received our first NOID. Stating that I had been turned away the one time and that I had said I was to be adopted. That I was in a relationship with a person that does not exists. They pointed out that there were photos of my wife with her ex-husband on the walls.
So we go see some lawyers talk to like 6 of them and picked the one who seemed best. talked to people in out community friends who had immigrated. ects. so his plan was to withdraw and file anew to get a fresh first interview. So we refiled with a stack of documents 4 inches thick. insurance, all of our bill, tax returns, car payments. anything we could think of.
So we get anther interview dude takes us back to his office. asked me the basic security questions. and sent me away. Then told my wife and lawyer that the first filing was denied and letters sent. and that they never received our letter withdrawing the first filing. we never received their denial letter. He said he would review out case and the new documents. he sent a NOID for the second filing like 4 months later. So we responded to the noid with a letter from my wife and I refuting the noid line by line. And with letters from friends PHD professors at the local collages. about 10 - 15 all in all and we have not had a reply from them. So the layer said that we had to wait on the USCIS to make the next move. is this so is there anything we can do to move this along? should we switch lawyers? we really like the man we have but I dont know its been over a year now.
sorry for the poor grammar its really late here. thanks for your health.
ajju
04-10 10:15 AM
Friends,
1. I have approved I140 > 180 days in actually 300 days
please help
The only missing thing I see is that I-485 has also been pending for > 180 days.. If thats true.. you are good to go... 140 > 180 days has not much significance... only approved 140 is important... Good luck...
1. I have approved I140 > 180 days in actually 300 days
please help
The only missing thing I see is that I-485 has also been pending for > 180 days.. If thats true.. you are good to go... 140 > 180 days has not much significance... only approved 140 is important... Good luck...
frostrated
03-16 03:06 PM
please see below.
Background:
My wife and I are currently working on EADs obtained through my previous employer filing for my green card (eb3 India, pri date: dec 2005), my wife is a dependant on this greencard petition. We last re-entered US using our AP. Two years ago, more than six months after my I-140 got approved, I changed my employer (to a similar position in the IT field itself) and my new (and current) employer filed for AC-21. They have also obtained a I-797 for me as a backup which I have used. Also prior to getting my EAD, my wife worked on an H1 visa for a year and then we got EAD, she has been working on that ever since. Our EAD was recently submitted for renewal and will be valid for the next two years.
I got accepted into a fulltime MBA program in the US, which I am planning to attend. This would mean that I quit my current job and after the two years in MBA I will be joining a different employer in a different field (ie: I will be moving out of IT into something like finance). I am assuming transition to F1 is out of question since I have shown immigration intent
Questions:
1) Will it be legal for me to go fulltime to school on an AOS pending status? Yes you can go to school while in AOS. But you cant go to school full time when in AOS if you are the primary applicant. You need to be still employed full time in your line of work.
2) Will I have trouble, re-entering the US on an AP if I travel overseas during the time I am enrolled in school? Yes. Your AP is no longer valid, as you are no more working for the sponsor of your permanent residency.
3) Can I use this EAD card to go for an internship between my first and second year (the job will not be IT)? Only if you are a dependent of the primary applicant.
4) Can I use this EAD card to work fulltime after MBA graduation, provided it is still valid for a few more months (the job will not be IT)? Only if you are a dependent of the primary applicant.
5) If my post-MBA employer files for a greencard for me in the new position which is different from IT, will I be able to use my old priority date of Dec 2005? Yes you can. You will need to file a new labor, and request that they use the old priority date. You can also file in EB2 and request they use the EB3 filing date of Dec 2005.
6) To mitigate risk, my wife is planning to go into H1 so that I can get an H4 if going to school on EAD doesn't work. Is this strategy to use H1 during school time (and travel overseas and re-enter using H4) and use EAD while internship safe? Using H1 on your wife, and you being on H4 is safe. But you cannot use the EAD anymore. Your EAD is tied to your employment, unless you are the dependent on the primary applicant for AOS.
7) If my wife cannot find a H1 job, can she work on her EAD while I am also using EAD to go to school. No. When you quit working and go to school, both of you are in illegal status. To remain in status, she either needs to convert to H1 or you need to convert to F1 and have her here as F2. Best bet, is for her to convert to H1 and you to either H4 or F1.
8) I am assuming that for any EAD based status to work, I need to have a future job offer in the same category. My current employer will not do that.I can get a future job offer from a small IT consulting firm in the same IT field for which my greencard application was filed for. Will that be good enough to keep my EAD alive while in school? No. For your EAD to be valid, you still need to be working. Stopping work does not enable you to continue to be in EAD status.
Thanks SO much for answering. I have this wonderful opportunity in front of me and I really hope immigration will not be a road block to achieve my dreams.
Background:
My wife and I are currently working on EADs obtained through my previous employer filing for my green card (eb3 India, pri date: dec 2005), my wife is a dependant on this greencard petition. We last re-entered US using our AP. Two years ago, more than six months after my I-140 got approved, I changed my employer (to a similar position in the IT field itself) and my new (and current) employer filed for AC-21. They have also obtained a I-797 for me as a backup which I have used. Also prior to getting my EAD, my wife worked on an H1 visa for a year and then we got EAD, she has been working on that ever since. Our EAD was recently submitted for renewal and will be valid for the next two years.
I got accepted into a fulltime MBA program in the US, which I am planning to attend. This would mean that I quit my current job and after the two years in MBA I will be joining a different employer in a different field (ie: I will be moving out of IT into something like finance). I am assuming transition to F1 is out of question since I have shown immigration intent
Questions:
1) Will it be legal for me to go fulltime to school on an AOS pending status? Yes you can go to school while in AOS. But you cant go to school full time when in AOS if you are the primary applicant. You need to be still employed full time in your line of work.
2) Will I have trouble, re-entering the US on an AP if I travel overseas during the time I am enrolled in school? Yes. Your AP is no longer valid, as you are no more working for the sponsor of your permanent residency.
3) Can I use this EAD card to go for an internship between my first and second year (the job will not be IT)? Only if you are a dependent of the primary applicant.
4) Can I use this EAD card to work fulltime after MBA graduation, provided it is still valid for a few more months (the job will not be IT)? Only if you are a dependent of the primary applicant.
5) If my post-MBA employer files for a greencard for me in the new position which is different from IT, will I be able to use my old priority date of Dec 2005? Yes you can. You will need to file a new labor, and request that they use the old priority date. You can also file in EB2 and request they use the EB3 filing date of Dec 2005.
6) To mitigate risk, my wife is planning to go into H1 so that I can get an H4 if going to school on EAD doesn't work. Is this strategy to use H1 during school time (and travel overseas and re-enter using H4) and use EAD while internship safe? Using H1 on your wife, and you being on H4 is safe. But you cannot use the EAD anymore. Your EAD is tied to your employment, unless you are the dependent on the primary applicant for AOS.
7) If my wife cannot find a H1 job, can she work on her EAD while I am also using EAD to go to school. No. When you quit working and go to school, both of you are in illegal status. To remain in status, she either needs to convert to H1 or you need to convert to F1 and have her here as F2. Best bet, is for her to convert to H1 and you to either H4 or F1.
8) I am assuming that for any EAD based status to work, I need to have a future job offer in the same category. My current employer will not do that.I can get a future job offer from a small IT consulting firm in the same IT field for which my greencard application was filed for. Will that be good enough to keep my EAD alive while in school? No. For your EAD to be valid, you still need to be working. Stopping work does not enable you to continue to be in EAD status.
Thanks SO much for answering. I have this wonderful opportunity in front of me and I really hope immigration will not be a road block to achieve my dreams.
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