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  • new2gc
    06-24 04:05 PM
    to take appointment that close to the arrival date. What if your flight cancelled or delayed?
    I know it will eat up at least 3 days of our vacation if we have to travel from hometown to these cities, but I feel we have to factor in while planing our vacation.


    What is the best way to send the documents to the emabassy? I asked because I live in Ahmedabad and I am planning to go for stamping the very next day I arrive in India.
    Thanks for your help.
    jignesh




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  • GCHope2011
    06-28 06:52 PM
    If your EAD employer is also your H1-B sponsor, then you can get H1B stamped and re-enter using H1B and subsequently continue to work for the same employer.

    However, if your EAD employer is not the H1B sponsor, then entering on H1B complicates matters, as you always enter on H1B with the intention of working for your H1B sponsor, which will not be true if your EAD employer has not gone through the process for hiring a H1B employee.




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  • fromnaija
    04-05 04:27 PM
    I am in similar situation with only three months left on my H1. My strategy is to apply for three year extension through current employer (done).
    Transfer to new employer only when I have an approved three year extension and then reapply PERM, I140 in EB2.
    I don't think 7 months are enough to get to I140 stage. Give room for things going south and for RFE if any.


    Being from ROW, porting PD is least of my worries because PD for EB2 ROW is current so I don't really have to port my PD. My only concern is if I have enough time to get my I-140 approved from the new employer so that I can continue to extend my H1B. From my calculation above, there is enough time but I am not sure if have missed any steps or miscalculated the processing times.

    As for EB2 from the current company, that isn't working out well hence the drastic measure to move company.




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  • upuaut
    10-21 01:42 AM
    I agree



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  • unitednations
    05-19 03:24 PM
    background checks can mean all sorts of things

    1) someone has similar name to you who may have applied for immigration benefit in the past (they think you may be that person and they have to manually rule it out; this involves finding files, examining them, etc.)

    2) even though 140 is approved they could be going back and checking this. I personally know of one person who had eb3 approved, he had masters degree with priority date in 2002 and 485 pending. His case had been transferred to local office; he went for interview, they didn't know why he had been called for interview and just sent the case back to nebraska service center.

    he then decides to do eb2 labor/140. gets it approved, swaps priority date, etc. He then gets 485 rfe for paystubs/w2's, etc., and then oddly they ask him for a better copy of his masters diploma.

    He sends the rfe response. his case gets transferred again to local office. local office tells him that he is in background check and they are verifying the genuineness of his masters degree and have sent the information to consulate in India for investigation. This was two years ago and he has not received any result.

    Background check means all sorts of things...




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  • hiralal
    05-10 07:39 AM
    since there are so many threads discussing what we can and should do ..I thought that I would open this thread ..my red dots should send a signal that this is a serious issue. if USCIS were to act like this next year too ..then EB3 will become unavailable in march 2010 and EB2 will retrogress in june 2010 ..in other words HISTORY WILL REPEAT ITSELF ..so lets do something now (in addtion to helping IV) !!!



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  • akhilmahajan
    08-27 10:00 AM
    This depends ona lot of things.
    But ppl with in USA applying for PR has been getting from 12 - 18 months.
    If you are applying for Quebec, then its more faster.

    The best thing to make sure that your applications moves faster is make sure that u submit all the paper work they request. Get the things in place when you apply. It is very easy to do it yourself.

    Just follow the instructions and they tell you what all kind of paper work is needed.




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  • nabs501
    07-27 04:05 PM
    I had filed FOIA request to USCIS requesting a copy of I140 approval notice. My I140 was approved after which I changed employer. I need I140 approval notice to keep my original priority date.
    But after filing G639, I got a response back from USCIS saying the case has been sent to DoS for visa approval and that I should contact DoS directly regarding the case.
    Also remember, G639 form is for FOIA request for USCIS only.
    You need to file a letter to DoS (google "DOS + foia" and you would see format of the letter)
    Other than this,I have also filed Form I824 (Action on approved petition) with $200 filing fees requesting I140 approval from USCIS. I guess looking at the processing time, I will have to wait for another 6 months before I hear back from USCIS



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  • apb
    07-17 10:23 PM
    The current fee schedule will apply to all applications filed under Visa Bulletin No. 107 through August 17, 2007. (The new fee schedule that becomes effective on July 30, 2007, will apply to all other applications filed on or after July 30, 2007).

    Please note that fee change will be effective for EAD/AP after July/30




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  • FraudGultee
    04-17 09:09 AM
    i heard one can have both valid L1 and B2 visas not sure if it works with H1b



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  • krishnam70
    03-26 12:28 AM
    My case details below:
    EB3 INDIA
    PD of Jul 2004.
    I am still working for same GC sponsoring employer since last 5 years. I still perform the same job title/job duties as mentioned in labor.
    My employer had mentioned a salary of 87,000$ in my labor. --> what does your H1 LCA say?
    My 485 was filed way back in Sep 2004. OK
    My 140 was approved way back in Nov 2004. GOOD
    I have had 2 FPs done and 1 RFE replied to about 2 years ago. RFE was for EVL & TB Skin test.you are good here

    2004 W2 – shows 74,000$/yr (Less than the salary mentioned in approved labor which is 87,000$) --> your current employment is on H1B/A or whatever you need to be worried about the salary mentioned there
    2005 W2 – shows 57,000$/yrsame as above
    2006 W2 – shows 50,000$/yrsame as above
    2007 W2 – shows 58,000$/yrsame as above
    2008 W2 – shows 67,000$/yrsame as above

    Never changed employers nor job titles. good

    My concerns and questions below:

    Q1) Will my 485 approval be affected due to the W2’s as mentioned above showing less way less salary than mentioned in the labor. I still work for same employer with same job duties/title as mentioned in labor. YES if your salary is less than what is on your H1B/A LCA application if not then you should be fine

    Q2) Am I safe because GC is intended for future job offer? If there is any issue with me getting less salary all these years than my labor petition then can my employer say the 87,000$/yr salary is after 485 approval? Will this suffice? Or am I in jeopardy here? same as above, GC is future job you will be fine

    Q3) With my EB3-India Jul 2004 PD how much more long do you think I need to wait to see a 485 approval? My FBI name checks are cleared.only USCIS can tell

    Q4) With June 2004 PD/EB3 India do you advise me at this stage after 5 years to switch to CP? How will it help? talk to an attorney

    Q5) Would you advise me to start a brand new EB2 India labor and 140 considering my retrogressed eb3 India category and dates?you can try but i this current scenario it might be difficult to get PERM approved and then your company needs to prove you are eligible for EB2. If they can and you are eligible you can port your PD and you should be almost current.

    Q6) I have been on bench for about 3 times (periods of 2 to 3 months) in the last several years witout pay. But I have always had EAD but never used EAD as I had H1B from same GC sponsoring employer. But I always got paid every year more than the prevailing LCA wage for my geographical location? Will this affect my GC? Technically there is nothing such as bench. You should get paid. However there seems to be an interpretation that in a current year if you get paid more than what is mentioned in your LCA(H1) you are safe. I would speak to an attorney about this.

    Thanks.

    - cheers
    kris




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  • krishna_brc
    10-27 09:29 AM
    We are able to get the OCI for our minor kid back in 2006 when there was no restriction on at least one parent to be non-Indian.

    We were able to use the OCI card for couple of visits to India – no issues at the immigration ports.

    Now it is time to apply for misc. services (due to the renewal of US passport). New rules imply that my kid is not eligible to renew the OCI card. CGI Chicago doesn’t have any information on this and they are not responding to emails and phones. After researching a while, I found the following from the the CGI – Edinburgh: “Minor PIO children whose both parents are Indian nationals or if one parent is an Indian national and the other is ineligible for OCI, are not eligible for registration as OCI. Such minor OCIs who are already issued with OCI cards are not eligible for services under OCI Miscellaneous services. “

    I would like to know if anyone had a similar experience. Appreciate your inputs.
    Project_A

    Below is the answer that i got from Chicago Indian Embassy

    " OCI new/renewal will NOT be issued for US born children whose parents are of Indian Origin"

    So had to go with PIO for my baby.



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  • jay75
    08-30 05:09 PM
    What is Sub-Labor?
    I field my GC thru Very good company.

    I am not understanding why its happend

    Well..Why don't give more details? folks in this thread asked all details and try to help you.




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  • ita
    01-23 08:30 PM
    Suggestions.

    1 Since the main reason behind the retrogression is the lack of Visa numbers I feel it would be a great idea to process the 485 applications , make a decision on the case and let the applicant know about the decision though the actual card can be mailed when the Visa Numbers become available . This would reduce the anxiety on behalf of the applicants and would also give USCIS ample time to process all the applications.

    2. Yearly extension of EAD/AP is getting so expensive especially when one doesn't know how many years we have to keep doing the extensions.
    It's a known fact that except for the July 07 bulletin EB3 India PD has hardly touched year 2002 since Dec 2004.

    Some of the EB3 I folks with a 2005 PD, that I know have been issued one year extension on their EAD though they applied for the extensions in mid July(2008).

    Example of EAD/AP anxiety:

    AP document says that it should be used for emergency travel. This rule on AP
    was formed at a time when 485 processing would take not more than 6 months.
    In the present scenario with 485 processing taking years I think a person using EAD would end up using AP many times . Officers at the POE sometimes remind us the rule that AP should be used only in emergency and some of them give the person hard time if they believe the travel was not for emergency purpose.
    I guess we are supposed to have a proof of emergency travel.

    Though AC21 lets one change jobs 180 days after filing the 485 application with the I40 approved for more than 180 days when reentering the country some of the officer(s) sometimes ask the person if they are still with the same company that filed their GC.I don't know yet what they would do/say if one had changed their jobs because the people who were asked this question did not change their employer at that time. But the fact that they ask us this question makes us apprehensive about changing jobs.
    With so many rules where most of them were formed long back it's making applicant's life increasingly tough as the applicants themselves don't want to do anything that would be construed/fall on the wrong side of the rules.We are forced to watch our steps multiple times even in the case of simple things like job changes,travelout of country etc.

    When I repeatedly read about how USICS is inundated with 485 applications due to July 2007 bulletin I keep wondering why USCIS would want to increase it's work load every year with all these EAD/AP renewal applications.

    Suggestion
    Once upon a time when the 485 processing took like 6 months, EAD/AP had different meaning. In the present scenario when not many of us know how many more yeras it's going to be before (especially EB3 I folks) we get our GreenCard I would think it would be better to use the pending 485 application to change jobs and reenter the country.
    This would save money/time for the applicant and lot of time for USICS.

    Thank you.



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  • arnet
    10-31 04:05 PM
    my lawyer said that if anyone uses EAD to work or planning to use EAD soon (not H1B) then it is better to apply for EAD renewal before 6 months of current one expires. If you are in H1B not planning to use EAD even in future then you can renew it 3-4 months before expiry.




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  • bigboy007
    04-17 09:31 AM
    In case of NOC codes you can only try to make sure you have same / similar duties , In case of parent labor you can see your Job code but not the new one. This is what i think , try to make justification on Job duties ...

    Check the directory of occupational titles and ensure the new and old jobs have the same / very close occupational code. You can find it on the DOL website. Duties is one thing, but the code is also important.



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  • krishna.ahd
    02-08 11:12 AM
    Thanks for your responses

    I will check for Singapour Airlines deals.

    Mean while I sent email to German Consulate in Atlanta, their reply was that if you have AP you dont need transit visa.

    Also as I understand AMSTREDAM does not require transit visa? is it true?
    Do you have any tentative dates for travelling ?? How flexible the dates are ??

    BTW - i am not an travel agent nor related to any travel agency




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  • PHANI_TAVVALA
    12-06 09:15 AM
    This is equivalent to $155,000/year. Indian companies like to report CTC (cost to company/compensation) rather than gross salary. So $155k CTC doesnot sound out of normal range salary ($90K gross +relocation+1 time sign-on+benefits (401k,medical, dental, bonus etc)) for someone working for a big tech firm in California.




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  • Hassan11
    06-10 11:33 AM
    my 485 is pending at NSC. my job is located In Virginia. where do I send my ead renewal?? Please help. Thanks




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    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:



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