roseball
08-01 10:45 PM
The online system shows the date the case was entered into the system and it doesnt reflect the actual physical receipt date.....Receipt date box on the I-797 receipt notice will be the actual receipt date....For majority of cases, the online case status date is the actual notice date and/or the date the case was entered into the system....
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immm
08-01 11:18 PM
i disagree, they usually put the date of receipt in there and not the encoded date.
Not true. They usually put the notice date in the online case status and not the receipt date.
Not true. They usually put the notice date in the online case status and not the receipt date.
anilkumar0902
08-26 11:42 PM
Thanks for the reply. So we don't need to disclose to employer that we are on EAD.
AND
Also can employer discrimnate EAD, for ex: they won't hire people on EAD, can they do that legally?
EAD is in itself establishes a person's legal work eligibility. Nowadays, many employers and their HR departments are very aware of EAD usage. It shouldn't be an issue.
Just chill...Good Luck.
Cheers
AND
Also can employer discrimnate EAD, for ex: they won't hire people on EAD, can they do that legally?
EAD is in itself establishes a person's legal work eligibility. Nowadays, many employers and their HR departments are very aware of EAD usage. It shouldn't be an issue.
Just chill...Good Luck.
Cheers
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thomachan72
05-12 09:53 AM
Dear All,
Could you please advise, if we can port eb3 to eb2.
My husband is working for the same employer for last 6 years. He has masters degree from US and he filed for his GC in 2004. In 2004, he had only 1 year experience. The lawyer said he does not qualify for Eb2 despite his US degree.
Now after 6 years, he had a job change within his company. He became a principal engineer from just an engineer. Could we port to EB2?
If yes, what should we be careful about and how should we go about it?
Sincerely,
Augustus
In principle the main criteria would be whether the job requires a person with a masters or higher degree. If the company can prove that the job description and requirements match that for a person with masters then he would qualify. Again this is based on my awareness from reading various posts on the IV and similar websites. The attorney would be the best to decide. I know many of our friends in the IV have masters but the main problem they are facing is that the job description does not specify a masters. So the employer hesitates to reaply in EB2 catagory. If your husband fits in then I believe all he has to do is to file another 140 and port the PD of the EB3 application.
How frustating this can be, right? :(
Could you please advise, if we can port eb3 to eb2.
My husband is working for the same employer for last 6 years. He has masters degree from US and he filed for his GC in 2004. In 2004, he had only 1 year experience. The lawyer said he does not qualify for Eb2 despite his US degree.
Now after 6 years, he had a job change within his company. He became a principal engineer from just an engineer. Could we port to EB2?
If yes, what should we be careful about and how should we go about it?
Sincerely,
Augustus
In principle the main criteria would be whether the job requires a person with a masters or higher degree. If the company can prove that the job description and requirements match that for a person with masters then he would qualify. Again this is based on my awareness from reading various posts on the IV and similar websites. The attorney would be the best to decide. I know many of our friends in the IV have masters but the main problem they are facing is that the job description does not specify a masters. So the employer hesitates to reaply in EB2 catagory. If your husband fits in then I believe all he has to do is to file another 140 and port the PD of the EB3 application.
How frustating this can be, right? :(
more...
veni001
05-12 04:27 PM
His position requires Masters Degree
As long as the employer can start new labor and provide sufficient evidence that his current position is different from original Eb3 labor and require masters, cannot find a qualified&willing US Citizen or Green card holder to work in the position, and pay all expenses related to the new process, he can give a shot!
As long as the employer can start new labor and provide sufficient evidence that his current position is different from original Eb3 labor and require masters, cannot find a qualified&willing US Citizen or Green card holder to work in the position, and pay all expenses related to the new process, he can give a shot!
lalitjain2002
04-14 11:22 PM
All,
I know as you all have reached 485 stage so you might be experts who can help answering few of my questions...
1) I work with a company who applied for my labor last year, its approved and now they are filling 140
2) Am applied in EB3 so not sure how many years it will take to get 485 dates to priority dates of 2008 ... am thinking abt 5-8 yrs
3) My wife works in a company who wont apply for her Green Card they dont have a policy
4) Her visa expires after 2 yrs ...
5) If I ask one of the consulting companies X to apply for her green card for future employment and pay all the cost for the green card.
6) Assuming she gets 140 in next 2 yrs before her visa is expired.
Questions .....
a) Can she renew her visa for 3 yrs with her current employer based on 485 filling pending with company X ?
b) How much would it cost to apply a green card upto phase 1 and phase 2 ...I might not actually require 485 stage. I just need her processing upto 140 stage so that she can keep renewing the visa until I get my 485 cleared ...in case I leave my job then we might think for her to apply 485 but chances are less.
Experts please guide me if this plan would work and if yes how much would it cost me ...
Thanks in advance ..
Lalit
I know as you all have reached 485 stage so you might be experts who can help answering few of my questions...
1) I work with a company who applied for my labor last year, its approved and now they are filling 140
2) Am applied in EB3 so not sure how many years it will take to get 485 dates to priority dates of 2008 ... am thinking abt 5-8 yrs
3) My wife works in a company who wont apply for her Green Card they dont have a policy
4) Her visa expires after 2 yrs ...
5) If I ask one of the consulting companies X to apply for her green card for future employment and pay all the cost for the green card.
6) Assuming she gets 140 in next 2 yrs before her visa is expired.
Questions .....
a) Can she renew her visa for 3 yrs with her current employer based on 485 filling pending with company X ?
b) How much would it cost to apply a green card upto phase 1 and phase 2 ...I might not actually require 485 stage. I just need her processing upto 140 stage so that she can keep renewing the visa until I get my 485 cleared ...in case I leave my job then we might think for her to apply 485 but chances are less.
Experts please guide me if this plan would work and if yes how much would it cost me ...
Thanks in advance ..
Lalit
more...
ak_2006
11-05 08:25 AM
My collegues & me voted for him...but we need more support for sure.
2010 lt;Bgt;SARCOMA DE KAPOSI
black_logs
10-25 01:13 PM
You cannot use current job's experience in any situation
From the above posts you can defintely use the priority date once I-140 is approved and move on.
My Question is can you start a new application under PERM with the same company, use the experience gained in the current company to apply under EB2, and use the locked priority date.
Hope I make sense. I have been with my current company for more than 5 years and used the EB3 category and have no intention of leaving etc, but if I were to reapply and use the old priority dates, my dates would be current.
Thanks in advance for your comments.:)
From the above posts you can defintely use the priority date once I-140 is approved and move on.
My Question is can you start a new application under PERM with the same company, use the experience gained in the current company to apply under EB2, and use the locked priority date.
Hope I make sense. I have been with my current company for more than 5 years and used the EB3 category and have no intention of leaving etc, but if I were to reapply and use the old priority dates, my dates would be current.
Thanks in advance for your comments.:)
more...
tampacoolie
07-14 03:23 PM
Guys,
My lawyer is also suggesting to file next week. He had everything to go by July2 and now he wants to file ASAP. Any thoughts on this?. I am thinking this pure pot shots game with USCIS.
My lawyer is also suggesting to file next week. He had everything to go by July2 and now he wants to file ASAP. Any thoughts on this?. I am thinking this pure pot shots game with USCIS.
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transpass
07-30 12:37 AM
This particular EB1 gc aspirant has been waiting for his gc even after 2-3 years of his PD becoming current. He don't want EB1 applications to be subjected to the processing times set for EB2/EB3 etc.
His point is, it does not make sense to wait 2-3 years for a GC once his date is current.
I don't think that was what he was implying. He was saying EB1s are lumped with other categories for adjudication purposes. I don't think that's the way CIS handles EB1. If he had waited for 2-3 yrs., his case might be an outlier, but I know several people with EB1 have gotten their GCs within few months of filing...Moreover, it does not have several steps like labor, etc. and it's anyway shorter time frame than other categories, and it's pretty much current all the time...
His point is, it does not make sense to wait 2-3 years for a GC once his date is current.
I don't think that was what he was implying. He was saying EB1s are lumped with other categories for adjudication purposes. I don't think that's the way CIS handles EB1. If he had waited for 2-3 yrs., his case might be an outlier, but I know several people with EB1 have gotten their GCs within few months of filing...Moreover, it does not have several steps like labor, etc. and it's anyway shorter time frame than other categories, and it's pretty much current all the time...
more...
gc28262
07-31 02:14 PM
Thank you for your prompt response
1. Since company did not send me to USA after getting h1b visa 32 months back. Can he take legal action to pay liquidated charges? as mentioned below in the agreement.
I don't know the details about the contract. Just complain to DOL. Your "employer" will be so busy defending themselves, they won't have any time left to come after you.
Extract from Agreement: If the employee terminates the agreement prior to the minimum period of 18 months, the employee will pay company liquidated charges of 4000 USD.
Liquidated damages ? Not sure how they have incurred some damages because of you. Since they claim to be your employer , they are supposed to pay you the salary all these years. Have they paid you all these years ?
2.Can New Jersy laws applicable in India to send a legal notice to me?
I am not a lawyer or one knowledgeable in law. Discuss with a lawyer in India and see whether your employer can do anything to you in India depending on the contract you signed. As for US side, you have nothing to worry.
3. Since I have not travelled to USA on H1B, Can I be called an Employee of that company who processed my H1B.
4. Can I take any legal action against him as he did not send me to USA despite the fact that I renewed the Bank Guarantee twice.
As for US, complaint to DOL. DOL will do the needful without you spending a paisa. For India, discuss with an Indian lawyer.
Pls answer the above 3 questions.
1. Since company did not send me to USA after getting h1b visa 32 months back. Can he take legal action to pay liquidated charges? as mentioned below in the agreement.
I don't know the details about the contract. Just complain to DOL. Your "employer" will be so busy defending themselves, they won't have any time left to come after you.
Extract from Agreement: If the employee terminates the agreement prior to the minimum period of 18 months, the employee will pay company liquidated charges of 4000 USD.
Liquidated damages ? Not sure how they have incurred some damages because of you. Since they claim to be your employer , they are supposed to pay you the salary all these years. Have they paid you all these years ?
2.Can New Jersy laws applicable in India to send a legal notice to me?
I am not a lawyer or one knowledgeable in law. Discuss with a lawyer in India and see whether your employer can do anything to you in India depending on the contract you signed. As for US side, you have nothing to worry.
3. Since I have not travelled to USA on H1B, Can I be called an Employee of that company who processed my H1B.
4. Can I take any legal action against him as he did not send me to USA despite the fact that I renewed the Bank Guarantee twice.
As for US, complaint to DOL. DOL will do the needful without you spending a paisa. For India, discuss with an Indian lawyer.
Pls answer the above 3 questions.
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immi_enthu
08-28 09:05 AM
That is correct. You do not get to sign the 140 as it is has to be applied by the employer. You however, have to sign your approved Labor which will be attached to the 140 application.
what would happen if the approved labor is NOT signed and attached to the I 140. Any experiences like this?
what would happen if the approved labor is NOT signed and attached to the I 140. Any experiences like this?
more...
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jayleno
10-08 04:58 PM
I recieved my I-485 reciept directly in the mail from USCIS. My attorney got his copy to thier address. I think you need to ask your employer. Since I-485 belongs to the employee, there is no reason for them to hold the original with them.
Could you share how you received the original 485 receipt? I only received a copy of the receipt. Can we request one from USCIS?
Could you share how you received the original 485 receipt? I only received a copy of the receipt. Can we request one from USCIS?
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BMS1
11-24 01:57 AM
It is really irritating to read 'i' & mba not getting capitalized, I'm typed as im, etc. Type slowly and capitalize where needed. You may be in a hurry but you are irritating potential helping people.
From the statements you have made, the following are clear.
1) You received a query (right word is RFE, start using the right word RFE) and H1-B approval in Aug.
2) Now you (three months later) are in a hurry to understand if the H1-B is approved or not.
Is that right?
For H1-B approval you must already have a job offer from an employer even before H1-B is filed. You can not want to get a job on H1-B after approval.
Try to narrate the story step by step (and type slowly and correctly). Some one will help you.
From the statements you have made, the following are clear.
1) You received a query (right word is RFE, start using the right word RFE) and H1-B approval in Aug.
2) Now you (three months later) are in a hurry to understand if the H1-B is approved or not.
Is that right?
For H1-B approval you must already have a job offer from an employer even before H1-B is filed. You can not want to get a job on H1-B after approval.
Try to narrate the story step by step (and type slowly and correctly). Some one will help you.
more...
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indygc
12-18 11:41 PM
Hi All,
One of my friend is in a bad situation, I am posting on behalf of him,
He is having H1B from Company A, company even filed labor, he got a project all was going well , his project with client got over on September 15th 2009. He was on bench since then, his recruiting guys tried hard marketing him and atlast after 3 mnths found a project and when the time has come for paper work, today,HR from client called and told him that his company A's HR responded them saying his H1 was cancelled on September 15th as soon as his project got over with his previous client. My friend was not intimated about this not even the recruiter and was in assumption that company is still supporting him ..He is in shock and helpless..
Now the question is its more than 90 days since Sept 15th, what is the current situation what can he do? (has 2 offers in hand and no h1)..wat are the options he left with? Anything can be done? Can he stay and apply a new H1 or transfer? Pleas advise, Gurus appreciate your quick response.
Thanks in Advance
AJ
One of my friend is in a bad situation, I am posting on behalf of him,
He is having H1B from Company A, company even filed labor, he got a project all was going well , his project with client got over on September 15th 2009. He was on bench since then, his recruiting guys tried hard marketing him and atlast after 3 mnths found a project and when the time has come for paper work, today,HR from client called and told him that his company A's HR responded them saying his H1 was cancelled on September 15th as soon as his project got over with his previous client. My friend was not intimated about this not even the recruiter and was in assumption that company is still supporting him ..He is in shock and helpless..
Now the question is its more than 90 days since Sept 15th, what is the current situation what can he do? (has 2 offers in hand and no h1)..wat are the options he left with? Anything can be done? Can he stay and apply a new H1 or transfer? Pleas advise, Gurus appreciate your quick response.
Thanks in Advance
AJ
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singhsa3
08-19 12:56 PM
Thanks, I work in the credit derivatives area. Developing IT infrastructure for pricing and doing risk analysis for single names and multi-names credit derivatives. What about you?
you must be a happy man today! congrats again.....
I got my charter in 05.. but still remember the day i got my results... one of the best days of my life..
I really havent used it much though other than sponsoring my students for level 1. so what area of fin you in?
you must be a happy man today! congrats again.....
I got my charter in 05.. but still remember the day i got my results... one of the best days of my life..
I really havent used it much though other than sponsoring my students for level 1. so what area of fin you in?
more...
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MArch172008
06-16 05:03 PM
IS any one processing two GC process one with the current employer and other based on future employment with other employer ?
regards
regards
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needGCcool
09-04 10:10 AM
Yup, you have to wait. Do not send them anything without getting the RFE? This is what I was advised by the doctor we visited to get all the medicals done.
I have a question for you guys. My wife was pregnant when she took her medicals. So skin test was not performed on her. Do i need to wait for the RFE or is it possible to update USCIS with another I-693 with the TB test?
I have a question for you guys. My wife was pregnant when she took her medicals. So skin test was not performed on her. Do i need to wait for the RFE or is it possible to update USCIS with another I-693 with the TB test?
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H1bslave
04-16 12:45 PM
I am willing to move to Flower Mound, TX. Any info will be greatly appreciated!
sandiboy
08-20 09:01 PM
Received FP Notice in mail today
485 RD: Jul 2 2007
485 ND: Aug 7 2007
FP ND : Aug 14 2007
FP Date: Aug 28 2007
485 RD: Jul 2 2007
485 ND: Aug 7 2007
FP ND : Aug 14 2007
FP Date: Aug 28 2007
cooler
12-16 10:01 AM
This must be a "NJ" thing. I had mine renewed a few months back and all I showed was the 2 year EAD. No questions were asked.
I would suggest taking the I-485 receipt and the printout of the case from USCIS website showing the application as pending. If need be, talk to the supervisor to get this sorted out.
I would suggest taking the I-485 receipt and the printout of the case from USCIS website showing the application as pending. If need be, talk to the supervisor to get this sorted out.
