maresco10
04-17 12:06 PM
As per today I have an H1b visa, I have my I140 approved, and my 6th year ends on April 25, 2008. My actual employer have gave me a contract that says that upon I become a permanent resident i will have to work for him for 5 years, then if I quit after the 5th year or before I will not able to work on the same industry on all the united states, also mention what my salary would be but there is no mention of increase. Since I will have to wait until my residence at least 3 more years, that means that I will have to work on these conditions for 8 or 9 years.!!!!
I do not know what to do , this is almost illegal (I think !), do I have time to change employer and do again my visa, and I140, so I don't lost status ??
I do not know what to do , this is almost illegal (I think !), do I have time to change employer and do again my visa, and I140, so I don't lost status ??
gene77
08-15 08:28 PM
Hi, I recently filed my I-485 using my pre-approved Eb3 I-140 (PD:May 2004). Around a month back, I applied a new EB2 I140 and that got approved today so I have ported my PDs to this new EB2 I-140. Now, I am planning to file an amendment to replace the EB3 I-140 with EB2 I-140 attached with my I-485. Some people call this process as interfiling too. Can somebody please let me know if he/she has done it before and how long does it take to get affected?
I plan to do this but I am waiting for my EB2 I-140 to be approved. Please see below, I have attached some info I got from Mathew Oh's website. Did you say you applied for your I-140 only 1 month ago and it got approved already? I applied for my EB2 I-140 in Nov and still don't have any approvals.
//NSC Procedure of Transfer of Pending I-1485 From Current Approved Underlying I-140 Petition to New I-140 Petition
� This posting involves aliens who are waiting for the I-485 applications where the underlying I-140 petition was approved but due to retrogression, I-485 cannot be approved. Most of these cases are EB-3 cases. When the same alien obtains an EB-2 labor certification approval through the same employer or a different employer and the visa number is available for the EB-2 for him or her, he should be eligible for filing another I-485 application based on the visa number available EB-2 I-140 petition. This can be achieved either by concurrent I-140/I-485 filing or if the new EB-2 I-140 has already been approved, by filing of stand-alone I-485 application.
� However, in the foregoing situation, the Pearson Memo of 2000 allows the alien to transfer the pending I-485 application from the existing underlying approved I-140 petition to a new EB-2 I-140 petition such that the alien does not have to file another I-485 application to use the second I-140 petition. For this to happen, two conditions must be met: (1) The existing underlying I-140 petition (most likely EB-3) must have been approved before the I-485 transfer is requested. (2) Secondly, the visa number must be "current" for the new I-140 petition (most likely EB-2) before the I-485 transfer is requested. Inasmuch as the visa number is current, the pending I-485 application that suffer from the visa number retrogression can be transferred to the nex I-140 petition.
� According to the Nebraska Service Center, people should take the following procedure to request such transfer of pending I-485 application from one I-140 petition to another I-140 petition:
o Request for Transfer of Pending I-485 Application to a Newly Filed I-140 Petition That Has Visa Number Current: In this situation, he/she is filing a new I-140 petition (probably EB-2 with visa number "current") with the agency to transfer the pending I-485 application and attach it to the new I-140 petition. The NSC states that if he/she files such new I-140 petition, he/she should use "large, bold print in the cover letter or with a separate, brightly colored cover page and notation 'Inter-file I-140 with Pending I-485' and include the Receipt/File Number of Pending I-485 Application, both on the Envelope and Cover Letter.
o Request for Transfer of Pending I-485 Application to Already Approved New I-140 (most likely EB-2 category): NSC asks to print the attached over sheet on brightly colored paper, and submitting it with a cover letter providing the following Information:
Name of 485 applicant
Name of I-140 petitioner (employer)
I-485 Receipt Number
"A" Number of the 485 applicant
Prior I-140 petition (1) Receipt Number, (2) Filing Date, and (3) Approval Date
New I-140 to be inter-filed
Statement requesting new I-140 be inter-filed with the pending I-485 application
//
I plan to do this but I am waiting for my EB2 I-140 to be approved. Please see below, I have attached some info I got from Mathew Oh's website. Did you say you applied for your I-140 only 1 month ago and it got approved already? I applied for my EB2 I-140 in Nov and still don't have any approvals.
//NSC Procedure of Transfer of Pending I-1485 From Current Approved Underlying I-140 Petition to New I-140 Petition
� This posting involves aliens who are waiting for the I-485 applications where the underlying I-140 petition was approved but due to retrogression, I-485 cannot be approved. Most of these cases are EB-3 cases. When the same alien obtains an EB-2 labor certification approval through the same employer or a different employer and the visa number is available for the EB-2 for him or her, he should be eligible for filing another I-485 application based on the visa number available EB-2 I-140 petition. This can be achieved either by concurrent I-140/I-485 filing or if the new EB-2 I-140 has already been approved, by filing of stand-alone I-485 application.
� However, in the foregoing situation, the Pearson Memo of 2000 allows the alien to transfer the pending I-485 application from the existing underlying approved I-140 petition to a new EB-2 I-140 petition such that the alien does not have to file another I-485 application to use the second I-140 petition. For this to happen, two conditions must be met: (1) The existing underlying I-140 petition (most likely EB-3) must have been approved before the I-485 transfer is requested. (2) Secondly, the visa number must be "current" for the new I-140 petition (most likely EB-2) before the I-485 transfer is requested. Inasmuch as the visa number is current, the pending I-485 application that suffer from the visa number retrogression can be transferred to the nex I-140 petition.
� According to the Nebraska Service Center, people should take the following procedure to request such transfer of pending I-485 application from one I-140 petition to another I-140 petition:
o Request for Transfer of Pending I-485 Application to a Newly Filed I-140 Petition That Has Visa Number Current: In this situation, he/she is filing a new I-140 petition (probably EB-2 with visa number "current") with the agency to transfer the pending I-485 application and attach it to the new I-140 petition. The NSC states that if he/she files such new I-140 petition, he/she should use "large, bold print in the cover letter or with a separate, brightly colored cover page and notation 'Inter-file I-140 with Pending I-485' and include the Receipt/File Number of Pending I-485 Application, both on the Envelope and Cover Letter.
o Request for Transfer of Pending I-485 Application to Already Approved New I-140 (most likely EB-2 category): NSC asks to print the attached over sheet on brightly colored paper, and submitting it with a cover letter providing the following Information:
Name of 485 applicant
Name of I-140 petitioner (employer)
I-485 Receipt Number
"A" Number of the 485 applicant
Prior I-140 petition (1) Receipt Number, (2) Filing Date, and (3) Approval Date
New I-140 to be inter-filed
Statement requesting new I-140 be inter-filed with the pending I-485 application
//
misholiver
12-17 11:16 AM
did you ever got a receipt notice?
ps. I am in the same boat and getting very nervous now.
ps. I am in the same boat and getting very nervous now.
frostrated
07-11 12:09 PM
I see dark every where for EB3 until we do something there is no hope guys.....
This is really suc...............
actually, i think that the EB3 will also make rapid advances come October.
with the quota exhausted for this year, and the pre-adjudication taking place and with most of the EB3 India applicants having received their GC between 2002 and 2005, i think the dates will advance to 2003 by Dec and to mid 2004 by Feb/March. After that, it is anyone's guess if the quota for India will hold out. As for me, I see at least another year or two wait for my GC, unless the Congress passes a miracle.
This is really suc...............
actually, i think that the EB3 will also make rapid advances come October.
with the quota exhausted for this year, and the pre-adjudication taking place and with most of the EB3 India applicants having received their GC between 2002 and 2005, i think the dates will advance to 2003 by Dec and to mid 2004 by Feb/March. After that, it is anyone's guess if the quota for India will hold out. As for me, I see at least another year or two wait for my GC, unless the Congress passes a miracle.
more...
GotGC??
01-13 12:04 AM
You know bro, I know my share of swear words, and definitely know how to pick a fight. But this is NOT the time.
I'd be the happiest person if we can achieve the goal of blanket I-485 filing. I just hope we can pull it through. The options I mentioned are backup options, in case it wasn't palatable to some. With my PD, a blanket I-485 is my only chance. I should have put this disclosure (for the benefit of those who are generous in using the "selfish" word).
I was just testing the waters, but looks like the mood is "nothing short of a I-485 filing". I wish us luck and will keep my fingers crossed. This will be my last post on this.
Let's come back after 2/15 and check how you feel then. "Cheerful? Joyful? or Zealous? or Joyless, depressed?"
Probably,all this criterias already matching to your case, right ?
If you're on H1 on 4 years, have been suffering from not able file 485, and if the legislation says "6 years on H1" or whatever year on 140, how would you feel? Cheerful? Joyful? or Zealous? or Joyless, depressed?
You're just a selfish guy to cover your asz, right?
Are you planning to get some benefit from your brother's delayed cases?
It's time to comply, time to be unite.
Be simple and support what we have. We don't have that much luxurious to discuss your fantasies even though here is a free platform, yet it's NOT the TIME.
Thanks for your understanding...
Zbd
I'd be the happiest person if we can achieve the goal of blanket I-485 filing. I just hope we can pull it through. The options I mentioned are backup options, in case it wasn't palatable to some. With my PD, a blanket I-485 is my only chance. I should have put this disclosure (for the benefit of those who are generous in using the "selfish" word).
I was just testing the waters, but looks like the mood is "nothing short of a I-485 filing". I wish us luck and will keep my fingers crossed. This will be my last post on this.
Let's come back after 2/15 and check how you feel then. "Cheerful? Joyful? or Zealous? or Joyless, depressed?"
Probably,all this criterias already matching to your case, right ?
If you're on H1 on 4 years, have been suffering from not able file 485, and if the legislation says "6 years on H1" or whatever year on 140, how would you feel? Cheerful? Joyful? or Zealous? or Joyless, depressed?
You're just a selfish guy to cover your asz, right?
Are you planning to get some benefit from your brother's delayed cases?
It's time to comply, time to be unite.
Be simple and support what we have. We don't have that much luxurious to discuss your fantasies even though here is a free platform, yet it's NOT the TIME.
Thanks for your understanding...
Zbd
AK_GC
01-21 05:09 PM
We travelled to India and Canada on AP. Didn't get questioned while entering from India but from Canada, they asked us why we went and when we mentioned 'vacation', they advised us to not use our parole for such cases...I guess going to the home country should not pose any issues.
more...
pkv
02-08 08:17 PM
Thanks all of you for your responses.
But I'm still not clear about one thing... which center I should file EAD application with?
I'm in California, My I-140 was approved by Texas service center.
I-485 was filed with Nebraska but transfered to texas service center.
Now my I-485 is pending with Texas service center.
Thanks again...
But I'm still not clear about one thing... which center I should file EAD application with?
I'm in California, My I-140 was approved by Texas service center.
I-485 was filed with Nebraska but transfered to texas service center.
Now my I-485 is pending with Texas service center.
Thanks again...
inskrish
07-17 02:07 AM
Your post resembles one of those ads with deceptive fine print! Do you work for an advertising company by any chance?
People providing all the red dot's........don't be so uptight or high strung. Don't you see the GCK's hidden talent!!!!!!!!!!!!!!!!!:)
GCKabhayega posted seven messges, and got eight 'red dots'. This is certainly a new record in the history of IV.:confused:
People providing all the red dot's........don't be so uptight or high strung. Don't you see the GCK's hidden talent!!!!!!!!!!!!!!!!!:)
GCKabhayega posted seven messges, and got eight 'red dots'. This is certainly a new record in the history of IV.:confused:
more...
chanduv23
08-15 08:08 AM
No one is intrested in knowing the facts?
thomachan72
10-04 02:50 PM
I don't think so, only Green cards and citizens are charged on world wide income.
Tony I wish what you said was true. There has been a great amount of discussion among our members a few months back when the last date for such disclosure was and the majority opinio was that everybody has to report all foreign accounts containing more than 10K. Interest on FDs are taxable and if you already paid tax in India then you have to disclose that in the IT returns here.
Anyway I dont know whether they would take the pain to check out all resident aliens who have bank accounts in their home countries unless, as you said, they become US citizens/GC holders.
Tony I wish what you said was true. There has been a great amount of discussion among our members a few months back when the last date for such disclosure was and the majority opinio was that everybody has to report all foreign accounts containing more than 10K. Interest on FDs are taxable and if you already paid tax in India then you have to disclose that in the IT returns here.
Anyway I dont know whether they would take the pain to check out all resident aliens who have bank accounts in their home countries unless, as you said, they become US citizens/GC holders.
more...
dpuranik
07-25 12:04 PM
Anybody knows how USCIS will process un signed I-140 Petition? I filed for Labor substituion and I-140. I forgot to sign the I-140 petition.
May I know the implications of this? What all are the possibilities ? Will they reject the application?
I140 is filed by your Employer and you don't need to sign it. Your Employer has to sign I140.
May I know the implications of this? What all are the possibilities ? Will they reject the application?
I140 is filed by your Employer and you don't need to sign it. Your Employer has to sign I140.
marlo
07-18 12:03 AM
interesting to note the arrests did not matter.
more...
indiancitizen77
09-27 09:00 PM
My lawyer had also said the same thing. You can get an extension of H based on your husbands approved I140.
Njdude26, Was the H extension your attorney mentioned for H4 or H1. Did the attorney elaborate any precedents for H1 extensions based on an approved I-140? Thanks
Njdude26, Was the H extension your attorney mentioned for H4 or H1. Did the attorney elaborate any precedents for H1 extensions based on an approved I-140? Thanks
FinalGC
11-09 08:54 AM
Munna Bhai:
You better get your 140 applied ASAP and hope that you get your approval before March 2007. Then you can apply for H1 for 3 years. I was in a similar boat and I got my 140 about 1.5 months before my H1 was expiring (8th year). I then used Premium Processing and got H1 in 4 days.
It will be tough call if you can get a 1 year renewal...check with your lawyers
Get moving fast man
You better get your 140 applied ASAP and hope that you get your approval before March 2007. Then you can apply for H1 for 3 years. I was in a similar boat and I got my 140 about 1.5 months before my H1 was expiring (8th year). I then used Premium Processing and got H1 in 4 days.
It will be tough call if you can get a 1 year renewal...check with your lawyers
Get moving fast man
more...
ndbhatt
08-14 12:36 PM
yes u are
Sorry but I didn't get what your "Yes" pointed to.
is OP wrong or right in his assumption?
Personally, I don't think it matters whether an applicant is direct employee or works for a consulting company. If it was indeed true, then people would start jumping on the direct client bandwagons :D
Thanks,
Nik
Sorry but I didn't get what your "Yes" pointed to.
is OP wrong or right in his assumption?
Personally, I don't think it matters whether an applicant is direct employee or works for a consulting company. If it was indeed true, then people would start jumping on the direct client bandwagons :D
Thanks,
Nik
hbk
04-22 03:33 PM
Most of the above documnets were optional 2 years back, but now it become compulsory in all these, Workorder/SOW and PO is very much necessary, for an approval, Since this is a Premium Processing, there are chances of getting an RFE, asking for original contract between client and the vendor, at that time you can ask the Final Vendor or Client to send or Fax the contract directly to USCIS. And ask your attorney to mention in a covering letter in the RFE that the contract is sent by your Vendor Attorney thru mail or fax,
Last year I had the same situation, on Premuim Processing, and I got the above RFE, and got an year extension, this year I am proactive I am applying for normal processing, 6 months back. with all the above documents.toatl (10 years in US)
Good Luck to you and let us enlighten us, what happened to your case.
Prayers to everyone who are in this difficult phase of life extending the H1B.
May GOD Bless
Thanks a lot for the response.
Fortunately my extension got approved for 3 years without any RFE in 3 business days.
Here are the details...
Processing Type: Premium Processing
Receipt Number: EAC-XX-XXX-XXXXX
Processing Center : VSC
Applied for : 3 years(Based on Approved I-140)
Approved for : 3 years
Fedex date: 04/08/2010
Receipt Notice Date: 04/12/2010
RFE Date: N/A(No RFE)
RFE Responded Date: N/A
Status: Approved
Approval Date: 04/15/2010
Model :Employer(Desi Consulting)--> Vendor--> Client
Submitted all docs which I have mentioned in the beginning of this thread/topic.
Again submitted client & vendor letter without end dates. Also just submitted
contract papers between employer & vendor, had not submitted any purchase/work order.
Regards.
Last year I had the same situation, on Premuim Processing, and I got the above RFE, and got an year extension, this year I am proactive I am applying for normal processing, 6 months back. with all the above documents.toatl (10 years in US)
Good Luck to you and let us enlighten us, what happened to your case.
Prayers to everyone who are in this difficult phase of life extending the H1B.
May GOD Bless
Thanks a lot for the response.
Fortunately my extension got approved for 3 years without any RFE in 3 business days.
Here are the details...
Processing Type: Premium Processing
Receipt Number: EAC-XX-XXX-XXXXX
Processing Center : VSC
Applied for : 3 years(Based on Approved I-140)
Approved for : 3 years
Fedex date: 04/08/2010
Receipt Notice Date: 04/12/2010
RFE Date: N/A(No RFE)
RFE Responded Date: N/A
Status: Approved
Approval Date: 04/15/2010
Model :Employer(Desi Consulting)--> Vendor--> Client
Submitted all docs which I have mentioned in the beginning of this thread/topic.
Again submitted client & vendor letter without end dates. Also just submitted
contract papers between employer & vendor, had not submitted any purchase/work order.
Regards.
more...
snathan
09-17 09:11 AM
Yesterday my employer received notice that my co-workers I-140 was denied and when she went home she received denial notice for her I-485 too. She filed EB2 concurrent.
why your co-workers 140 was denied. Is it sub labour or she is the primary ?.
Thanks
why your co-workers 140 was denied. Is it sub labour or she is the primary ?.
Thanks
indio0617
09-28 05:04 PM
I am sure USCIS will break this law on numerous counts on Oct 1st as all the July 2nd filers will have past 90 days on that day.
They have already got around it. They ARE NOT receipting the applications on the actual date they receive them. They are stamping the received dates only when they 'enter' it into their system.
They have already got around it. They ARE NOT receipting the applications on the actual date they receive them. They are stamping the received dates only when they 'enter' it into their system.
Hello_Hello
08-29 02:20 PM
That's not correct....USCIS/DOS did not allocate full quota to EB-3 India last year, despite it being the most retrogressed category in the system. They kept the dates conservatively retrogressed hence not allowing USIC to issue green cards to allowable limit. On the other hand they issued more than allowable quota to Korea. They are going to under allocate EB-3 India in the current fiscal too..extremely shameful!!! There is no point in moving the PD if they cannot process the PD's who are current. This is what is happenning now in USCIS. I would rather they move it by small amounts and process those who are current than give false hope to people!
ski_dude12
07-16 09:33 AM
see Greg Siskind's blog :
http://blogs.ilw.com/gregsiskind/
An alert reader sent me the following this morning. Miriam Jordan of the WSJ is reporting
Looking to resolve a messy immigration tangle, the U.S. government is close to announcing that it will accept at least some applications for work-based green cards that were filed by thousands of skilled workers in early July at the government's invitation and then abruptly rejected.
This would be hugely disappointing news if true and, according to a source, this was NOT the deal on the table over the weekend. It also will fail to address the three crises facing USCIS:
- fighting multiple lawsuits including at least two class action matters
- staving off congressional hearings and the release of embarrassing documents
- answering press inquiries over why USCIS skipped security clearances during a time when the US is under threat of a major terrorist attack
One would hope that common sense would outweigh USCIS' anti-immigrant instincts. Like an addict that's out of control, it's time for an intervention.
Please change the misleading title. Already lot of people are frustrated with this flip-flop and posting something with a misleading title will make things worse.
Thanks,
-Ski
http://blogs.ilw.com/gregsiskind/
An alert reader sent me the following this morning. Miriam Jordan of the WSJ is reporting
Looking to resolve a messy immigration tangle, the U.S. government is close to announcing that it will accept at least some applications for work-based green cards that were filed by thousands of skilled workers in early July at the government's invitation and then abruptly rejected.
This would be hugely disappointing news if true and, according to a source, this was NOT the deal on the table over the weekend. It also will fail to address the three crises facing USCIS:
- fighting multiple lawsuits including at least two class action matters
- staving off congressional hearings and the release of embarrassing documents
- answering press inquiries over why USCIS skipped security clearances during a time when the US is under threat of a major terrorist attack
One would hope that common sense would outweigh USCIS' anti-immigrant instincts. Like an addict that's out of control, it's time for an intervention.
Please change the misleading title. Already lot of people are frustrated with this flip-flop and posting something with a misleading title will make things worse.
Thanks,
-Ski
priti8888
01-08 03:55 PM
Is there any relation between biometrics and the final green card approval time?
I have got annecdotal info from several friends. With one exception (because of a name check process that has taken over two years!) most people receive the green card around three months after the biometrics.
Is that the case?
not true. You can be approved only if your PD is current.
I have got annecdotal info from several friends. With one exception (because of a name check process that has taken over two years!) most people receive the green card around three months after the biometrics.
Is that the case?
not true. You can be approved only if your PD is current.
No comments:
Post a Comment