pamposh
10-26 08:36 AM
guys can someone please let me know what is meant by lud.
my fringerprinting was done 2 days ago and received ead no ap yet.
i have seen posts saying online status of i485 been adjusted to lud after
finger printing done.i donot see any changes online for i485 after finger printing.
i highly appreciate if someone let me know what is lud
lud: Last updated Date
my fringerprinting was done 2 days ago and received ead no ap yet.
i have seen posts saying online status of i485 been adjusted to lud after
finger printing done.i donot see any changes online for i485 after finger printing.
i highly appreciate if someone let me know what is lud
lud: Last updated Date
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bujji_d
10-12 04:33 AM
Dear experts.. Need your advise..
I stayed in US for full 5 years on L1-B. After 5 years period I applied for H1-B and returned to Inida on 1-Jan-07. And I got H1-B in lottery. Below are my queries
1) My I-797 says that its valid for only one year till October 2008. What could be the reason. (Because I stayed 5 years in US? )
2) So is it advisable to go to stamping after 1-Jan-08? Or can I go for stamping now? I don't want to be in a situtation where I'll b given Visa till Jan'08?
3) Now my company wants to apply for L1-A. What happens to my current H1-B if L1 is applied?
Assuming applying L1 is not going to be invalidate my H1 papers,
4) If I go for L1 stamping, will it invalidate my H1-B papers?
5) If I come to US on L1, is it possible to change status to H1?
Any help will be greatly appreciated.
I stayed in US for full 5 years on L1-B. After 5 years period I applied for H1-B and returned to Inida on 1-Jan-07. And I got H1-B in lottery. Below are my queries
1) My I-797 says that its valid for only one year till October 2008. What could be the reason. (Because I stayed 5 years in US? )
2) So is it advisable to go to stamping after 1-Jan-08? Or can I go for stamping now? I don't want to be in a situtation where I'll b given Visa till Jan'08?
3) Now my company wants to apply for L1-A. What happens to my current H1-B if L1 is applied?
Assuming applying L1 is not going to be invalidate my H1 papers,
4) If I go for L1 stamping, will it invalidate my H1-B papers?
5) If I come to US on L1, is it possible to change status to H1?
Any help will be greatly appreciated.
gcformeornot
08-21 10:59 AM
Is this anything to do with PD?
please poll here to add your vote...
http://immigrationvoice.org/forum/showthread.php?t=12603
sorry if did already.
please poll here to add your vote...
http://immigrationvoice.org/forum/showthread.php?t=12603
sorry if did already.
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cgs
08-21 10:46 AM
Is this anything to do with PD?
more...
aries
09-24 09:26 PM
Hi All,
NSC received my I765 applications on June 21st. I am still waiting for my EAD. I have seen many people from NSC got their approval for the same time frame. Is there anypone in the same boat. Is this something I should be worried about.
Thanks!
NSC received my I765 applications on June 21st. I am still waiting for my EAD. I have seen many people from NSC got their approval for the same time frame. Is there anypone in the same boat. Is this something I should be worried about.
Thanks!
johny120
08-23 04:11 PM
Thanks for your reply. I read somewhere that if I have a approved 140 and have already applied for 485 I can only get a 1 year ext on H1 and not 3 year. 3 year H1 ext beyond 6 years isonly for people who are not able to apply for 485 due to retrogression. Is that true? I want to maintain the H1 to be able to easily transfer n case I loose my job.
more...
vegasbaby
02-19 07:12 PM
thanks guys for making the effort to understand my situation.
I now need a couple of clarifications:
Pune_guy, you are spot on in your interpretation that it would be a hard sell for an eb-2 application with the current employer.
So now, if i do change a job, i would have to use my ead and hence i would have to join as an engineer(because my understanding is, even though my current role is business development, my gc application is for an engineer role and hence any new job based on ead would have to be that of an engineer).
Is that understanding correct? - yes.
Further, the new eb-2 application from my would-be employer would be for an engineer position - why? Your new eb2 application is altogether a new application. So even if currently you are with a company as engineer, they can file a new eb2 as business development. Because, this is application for future job, not your current job.
Are my assumptions correct?
Thanks much
check above -
I now need a couple of clarifications:
Pune_guy, you are spot on in your interpretation that it would be a hard sell for an eb-2 application with the current employer.
So now, if i do change a job, i would have to use my ead and hence i would have to join as an engineer(because my understanding is, even though my current role is business development, my gc application is for an engineer role and hence any new job based on ead would have to be that of an engineer).
Is that understanding correct? - yes.
Further, the new eb-2 application from my would-be employer would be for an engineer position - why? Your new eb2 application is altogether a new application. So even if currently you are with a company as engineer, they can file a new eb2 as business development. Because, this is application for future job, not your current job.
Are my assumptions correct?
Thanks much
check above -
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hebron
06-14 02:22 PM
Hello All,
My EB3 PD is September 2004 with no end in sight. I was promoted to Principal Software Engineer back in 2007 and would like to know if I can port my EB3 to EB2. I have a Masters degree with 13 years of experience. I have been working with the current employer since 2002 (8 years experience).
I asked my attorney for his advice and he responded with the following: "If you have been promoted to a position for which the company normally requires a Masters degree (or a Bachelors and five years of experience), and we can prove it, then we can certainly do the labor certification again as an EB-2 and we can upgrade the I-140 to an EB-2. The key is being able to prove that it is truly the company�s requirement for the job. Otherwise, we all end up with potential problems for fraud and you may NEVER get the permanent residence."
My question is if anything goes wrong with the porting process, can I fall back to my current EB3 without any issues? Has anybody ported from EB3 to EB2 working with the same employer? If so, could you provide some insight into this?
Thanks.
My EB3 PD is September 2004 with no end in sight. I was promoted to Principal Software Engineer back in 2007 and would like to know if I can port my EB3 to EB2. I have a Masters degree with 13 years of experience. I have been working with the current employer since 2002 (8 years experience).
I asked my attorney for his advice and he responded with the following: "If you have been promoted to a position for which the company normally requires a Masters degree (or a Bachelors and five years of experience), and we can prove it, then we can certainly do the labor certification again as an EB-2 and we can upgrade the I-140 to an EB-2. The key is being able to prove that it is truly the company�s requirement for the job. Otherwise, we all end up with potential problems for fraud and you may NEVER get the permanent residence."
My question is if anything goes wrong with the porting process, can I fall back to my current EB3 without any issues? Has anybody ported from EB3 to EB2 working with the same employer? If so, could you provide some insight into this?
Thanks.
more...
gnutin
06-10 02:36 PM
Thanks for your immediate response, gnutin and thomachan72.
Mr.gnutin,
Actually I phrased question no. 3 wrongly. I think this is the right way of phrasing it for an answer which I was expecting.
As I came to U.S in 2006 and if i apply for my H1B Transfer in September 2010, please let me know how long will INS have it valid with the following scenario
1. If my labor from my previous employer (A) is approved (which in my case)
2. If my I140 from employer (A) is approved before September 2010 (Actually it will be filed in two weeks from now)
Thanks and Regards,
H1B transfer has nothing to do with your Labor or I-140 approval. The "transfer" is really like a new H1B application and will be treated as such. The I-140 approval comes into play only if you are past 6 years of your H1B, which you are not.
Mr.gnutin,
Actually I phrased question no. 3 wrongly. I think this is the right way of phrasing it for an answer which I was expecting.
As I came to U.S in 2006 and if i apply for my H1B Transfer in September 2010, please let me know how long will INS have it valid with the following scenario
1. If my labor from my previous employer (A) is approved (which in my case)
2. If my I140 from employer (A) is approved before September 2010 (Actually it will be filed in two weeks from now)
Thanks and Regards,
H1B transfer has nothing to do with your Labor or I-140 approval. The "transfer" is really like a new H1B application and will be treated as such. The I-140 approval comes into play only if you are past 6 years of your H1B, which you are not.
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cris
08-30 10:00 AM
for gg_ny
this is extension of H1B based of aproved I140 .
if i understood correctly the application for H1 extension will became null and void if i travel outside of US .
this is very interesting. I was not aware about this .
Anyway, thank you for your valuable input
this is extension of H1B based of aproved I140 .
if i understood correctly the application for H1 extension will became null and void if i travel outside of US .
this is very interesting. I was not aware about this .
Anyway, thank you for your valuable input
more...
pan123
08-31 10:10 AM
Based on my reading, I interpret that it's not final. They have engaged USCIS in that conversation, but no final rule has been released. By the time rule is released, probably I will have my EAD.
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vin13
11-30 09:38 AM
It seems odd that there has been so many RFE for photos. I am not sure if the request for photographs is because USCIS is simply loosing them.
I got photos taken from a professional place and met all the specs. But yet i got an RFE for additional photos.
I have bought tickets for travel in 2 weeks. I may have to postpone my trip now because of this RFE delay.
It took 2 weeks for the RFE to arrive by mail. Too much time is getting wasted....
I wonder why they cannot combine the EAD and AP as one document.
I got photos taken from a professional place and met all the specs. But yet i got an RFE for additional photos.
I have bought tickets for travel in 2 weeks. I may have to postpone my trip now because of this RFE delay.
It took 2 weeks for the RFE to arrive by mail. Too much time is getting wasted....
I wonder why they cannot combine the EAD and AP as one document.
more...
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eb3_nepa
07-20 03:49 PM
Hello Gurus,
I have a question about H1 and L1.
Is it possible for one human being to have a simaltaneous H1 and an L1 visa AT THE SAME TIME. Now before everyone starts thinking i am crazy or laughing hysterically, let me explain my logic.
I have an H1 in a company who has a partner in Canada. I am thinking if i can somehow (IFF possible) without giving up my H1, get a simaltaneous L1 from the Canadian company in a sister concern of my US based company, then my wife could get an L2 and hence get a work permit.
So the plan is:
1) KEEP the original H1B
2) Get the Canadian partner to sponsor A PARALLEL L1 for a job in a sister company of my current company.
3) Apply for an L2 for my wife and get her work permit/SSN.
Now my questions are:
1) Is this possible AT ALL?
2) Can the L1 be extended? and is there any problem/caveat with L1 visas as compared to H1B?
3) My 6 years of H1B are up in 1.5 years so would my wife still be able to keep her L2?
Gurus can you give me some guidance. This tactic can be used by more of you as well, if you are a victim of retrogression and your spouse cant work.
I have a question about H1 and L1.
Is it possible for one human being to have a simaltaneous H1 and an L1 visa AT THE SAME TIME. Now before everyone starts thinking i am crazy or laughing hysterically, let me explain my logic.
I have an H1 in a company who has a partner in Canada. I am thinking if i can somehow (IFF possible) without giving up my H1, get a simaltaneous L1 from the Canadian company in a sister concern of my US based company, then my wife could get an L2 and hence get a work permit.
So the plan is:
1) KEEP the original H1B
2) Get the Canadian partner to sponsor A PARALLEL L1 for a job in a sister company of my current company.
3) Apply for an L2 for my wife and get her work permit/SSN.
Now my questions are:
1) Is this possible AT ALL?
2) Can the L1 be extended? and is there any problem/caveat with L1 visas as compared to H1B?
3) My 6 years of H1B are up in 1.5 years so would my wife still be able to keep her L2?
Gurus can you give me some guidance. This tactic can be used by more of you as well, if you are a victim of retrogression and your spouse cant work.
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s416504
02-03 10:04 AM
I asked same question to my lawyer 2 days ago & he said "YES". One can request to consider for multiple categories by reapplying I140 again. Lates USCIS's Q&A confirms that...
Q #3. What if the petitioner wants to request consideration of multiple visa categories on behalf of an alien beneficiary? [Answer Finalized on 06/30/09]
A. If you want to classify the alien beneficiary under multiple visa preference categories, file a separate Form I-140 petition, with the required fee and supporting documentation for each requested visa category.
As far as your labor qualifies for EB2, you are OK.
USCIS - Petition Filing and Processing Procedures for Form I-140, Immigrant Petition for Alien Worker (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=cfe8745543256210VgnVCM100000082ca60aRCR D&vgnextchannel=68439c7755cb9010VgnVCM10000045f3d6a1 RCRD)
I have a labor approved for the requirement:
"Must have BS in CS, EE or related field w/5 years of related experience"
EB3 I-140 was approved in 2008. Can I re-apply for EB2 I-140 using the same labor?
Please note I have BS in CS and had more than 5 yrs of expereince before joining my current employer. I have not changed my employer - EB3 is also from the same employer.
Q #3. What if the petitioner wants to request consideration of multiple visa categories on behalf of an alien beneficiary? [Answer Finalized on 06/30/09]
A. If you want to classify the alien beneficiary under multiple visa preference categories, file a separate Form I-140 petition, with the required fee and supporting documentation for each requested visa category.
As far as your labor qualifies for EB2, you are OK.
USCIS - Petition Filing and Processing Procedures for Form I-140, Immigrant Petition for Alien Worker (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=cfe8745543256210VgnVCM100000082ca60aRCR D&vgnextchannel=68439c7755cb9010VgnVCM10000045f3d6a1 RCRD)
I have a labor approved for the requirement:
"Must have BS in CS, EE or related field w/5 years of related experience"
EB3 I-140 was approved in 2008. Can I re-apply for EB2 I-140 using the same labor?
Please note I have BS in CS and had more than 5 yrs of expereince before joining my current employer. I have not changed my employer - EB3 is also from the same employer.
more...
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royus77
06-18 12:39 PM
babu123
When had filed my I140 I did send my coworkers reference letter ...yet i got a rfe requesting for employer's experience letter..
Make sure that your co-worker is the one who you reported rather than a peer .It will fetch a lot .
When had filed my I140 I did send my coworkers reference letter ...yet i got a rfe requesting for employer's experience letter..
Make sure that your co-worker is the one who you reported rather than a peer .It will fetch a lot .
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skdskd
08-31 01:15 PM
Vote Yes
http://www.cnn.com/CNN/Programs/lou.dobbs.tonight/
http://www.cnn.com/CNN/Programs/lou.dobbs.tonight/
more...
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PD_Dec2002
07-06 11:19 AM
Jayant,
Thanks. I will have to return to China because my husband is chinese. If he can not stay here, he would like to go back there and so do I.
Once again thanks for the advice. Let me rephrase my question:
(a) At this point can I file for PERM processing (five months left on H1)?
(b) Case I : If labour does not get cleared within next five months,can I apply for H1 B extension?
(c) Case II : If labour gets cleared within next five months, can I apply for H1B extension?
At this point, I am loooking for extension of one year. Is there any way I can do this?
Thanks a lot again,
Savitri Bhave
Answers to your questions.
(a) That could be tough, but check with your attorney. Or check if you or your husband's company has any unused LCs. Remember that LC substituion can be done only until July 17th (could be 16 or 18th, please get this confirmed), so you have to act fast.
(b) No.
(c) No. I am almost sure even if you have an approved I-140, it still isn't enough to get an H-1B extension. Your best bet would be to work on an EAD if you were eligible to apply for 485. Talk to your attorney.
Good luck
Thanks,
Jayant
Thanks. I will have to return to China because my husband is chinese. If he can not stay here, he would like to go back there and so do I.
Once again thanks for the advice. Let me rephrase my question:
(a) At this point can I file for PERM processing (five months left on H1)?
(b) Case I : If labour does not get cleared within next five months,can I apply for H1 B extension?
(c) Case II : If labour gets cleared within next five months, can I apply for H1B extension?
At this point, I am loooking for extension of one year. Is there any way I can do this?
Thanks a lot again,
Savitri Bhave
Answers to your questions.
(a) That could be tough, but check with your attorney. Or check if you or your husband's company has any unused LCs. Remember that LC substituion can be done only until July 17th (could be 16 or 18th, please get this confirmed), so you have to act fast.
(b) No.
(c) No. I am almost sure even if you have an approved I-140, it still isn't enough to get an H-1B extension. Your best bet would be to work on an EAD if you were eligible to apply for 485. Talk to your attorney.
Good luck
Thanks,
Jayant
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Dipika
03-26 11:21 AM
why will it retrogate again? we will see forward movement. be +ve and optimistic.:)
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GoGreen
07-18 10:39 AM
Yes, You need to file it along with the receipt notice so that they can associate it with your 485.
Thanks, So the bottom line is, you cannot apply for an EAD without a I485 receipt, but you can apply for 485 and EAD together.
Thanks, So the bottom line is, you cannot apply for an EAD without a I485 receipt, but you can apply for 485 and EAD together.
123456mg
07-25 07:58 PM
Come on Saroj76, I know you were drunk when you posted this message that has nothing to do with the discussion thread. I wonder to see if you are doing a kind of advertisement for this lawyer in this forum. Just to let you know, this is not meant for advertisement of your buddies but a serious discussion. You are hereby warned.
He handled my case from OPT, to H1B, to Green Card. He is a very professional lawer and very responsible. He replies emails right away and answers phone calls. On the top of that his fees are much less compared to all these big law firms. I was really satisfied and impressed by his service. I would have stayed with him but my company got bought out by another big firm, so I had to switch the law firm. Check out his website.
http://webberlaw.com/
He handled my case from OPT, to H1B, to Green Card. He is a very professional lawer and very responsible. He replies emails right away and answers phone calls. On the top of that his fees are much less compared to all these big law firms. I was really satisfied and impressed by his service. I would have stayed with him but my company got bought out by another big firm, so I had to switch the law firm. Check out his website.
http://webberlaw.com/
GCwaitforever
11-06 11:59 AM
Concurrent H-1Bs are always non-cap.:)
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