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  • FredG
    April 17th, 2004, 08:15 PM
    Sounds like a soap opera to me. :rolleyes:
    Fred




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  • desi3933
    03-03 12:30 PM
    Desi, Thanks for the translation, it was very helpful. However, I failed to find in this document anywhere that a PD obtained from EB application can not be ported to an FB category.

    Its not even for ENTIRE employment based category either.

    As mentioned in the document, porting applies ONLY for immigrant petitions (I-140) approved under EB-1, EB-2 or EB-3 classification.

    PD can NOT be ported for EB-4 and EB-5 either.

    __________________
    Not a legal advice.




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  • amsgc
    07-03 08:01 AM
    There is no such thing as an H-1B transfer - it is unfortunate that this word is used and it confuses people all the time.

    Your company B has filed a new petition on our behalf to employ you with a request for:
    - The petition to be not counted in the yearly cap
    - Your status be extended till the end date on the new petition

    Generally speaking:
    Since you have already started working for the new employer, you MUST enter using the H-1B approval notice of the new employer (even if you use the visa stamped through the previous employer).

    Regarding Mexico - never been there so I don't know how it works with the I-94.


    Mine is not h1 extension but what is called transfer - Company A to company B. Can I not enter using Company A's documents as they did not cancel my h1b and wont cancel it either. Also I will get pay stub from them till jul 15 for work done till jun 20th.




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  • sr77
    09-26 02:08 PM
    I think you are already late. You should have done all you can, like meeting the senator, writing to uscis, infopass appt, as soon as you PD was current. Now the Visa numbers are over for the FY 2010. You may get lucky in October when new visa number are available. Hope this helps.

    This is disheartening...



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  • go_guy123
    09-10 03:36 PM
    If person is working for same company after MS then he/she cannot use experience for GC for same company. One of my friend got GC who was working for same company since he graduated and got GC under EB2. He had 4 years of exp after MS when he applied but could not show

    Its not a major issue since MS itself is viewed as 5 years of experience. The question is whether the company and DOL is willing to accept business necessity clause for Masters/5 years experience. By default most occupation fall into Job Zone 4 (EB3) unless shown business necessity and proved during an Audit.

    Doctors, Lawyers etc fall into Job Zone 5 (EB2)




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  • pponakan
    05-31 02:31 PM
    Contributed $350 so far. Will contribute another $100 today.



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  • guyfromsg
    10-04 09:37 PM
    17. The US consulates and CBP are Googling you!

    Thanks for sharing the info. This part is really scary. I know potential employers are doing it. Can't believe CBP is doing it. You mean they will do it when you hand over the passport and I-94 at the airport and make a decision on that. WOW




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  • pappu
    04-27 09:38 AM
    This looks like a hoax to me. Could you quote a credible news story or a link on a enforcement site where there is any advisory?



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  • msekhargc
    02-13 05:08 PM
    Want multi-year EAD !
    Want to get out of retrogression !!
    Want to get GC faster !!!
    Then click here on IV




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  • sanju_dba
    09-10 02:59 PM
    hello every1,

    I was wondering how many of you are here who had applied their labor with MS + 0 years of experience..

    Could you please shed some light on your profile and current standing in GC process ??

    Thank youu....

    MS + Zero exp = I doubt if any one out there



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  • ps3539
    03-22 01:59 AM
    Do not think about your events.

    Think about baby's life. Make him/ her a US Citizen.

    That's a good gift you can give.




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  • godspeed
    01-06 09:19 AM
    very good advice
    thanks for sharing this info
    I just got back from India 2 days ago using AP. I am no longer on H1-B. My port of entry was philadelphia.

    Initially, our finger prints and photos were taken and sent to Secondary inspection.Usually anyone using AP to enter will be subject to secondary inspection. At the secondary inspection after verifying our AP , the officer put a seal saying AOS with a date on the AP and I-94. They will retain one copy of the AP and return one back to you. Passport and un-expired AP(both copies) was all that was needed.

    When you first approach the Immigration officer let him know that you are using Advance Parole.

    Surrender all your i-94s while leaving. Make a copy for your records (both sides).

    I was also prepared with a letter from my employer stating that i am working as .... since ....... Just a 2 sentence employement letter from my HR and carrried copies of my recent pay stubs. Also kept my i-485 receipt letter and i-140 approval letters. All these are supporting documents. Its good to carry them if they inquire more.

    The immigration officers were very friendly. No issues or concerns. Nothing to worry. i have changed jobs twice using my EAD now.

    Word of advise. when talking to the immigration officer, keep your sentences short and to the point. Smile and greet when you meet. Try not using abreviations for example AP. Say 'Advance Parole'.



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  • tabletpc
    03-28 02:50 PM
    I got this from different website(not sure if I can quote here).

    Before going /planning for a perticular consualte, you can email the consulate with a i797 copy asking them to check if it exists in their system. If it doesn't then they will request concerned athorities to make it available in system so that you won't get stuck with PIMS delay. So far I have heard mexico/canada consualte responding to emails positively.

    I will be mailing(canada consulate) them soon. Will keep you updated if i hear anything from them. if it works..its indeed a good options for us.:D




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  • delhirocks
    07-08 04:28 PM
    Good Job...



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  • eb3retro
    07-16 01:27 PM
    Thanks Raj. I am sure this will be helpful to many other people here too. Appreciate your time to write it as points.

    The porting of PD is during I-140 filing. So there isn't any day limits as to when you can join the new company. If you leave your current company the only thing that you can carry over is the PD from your approved I-140. So this is what you should do.

    1. Join the new company (the client of your current company)

    2. Have them file labor certification.

    3. Once labor approved while filing new I-140 your attorney need to request port of PD from your previously approved I-140.

    That is all it takes. This is a standard process.

    Make sure to get a legible copy of the approved I-140, not the courtesy copy, you need the actual I-140 approval. On Courtesy copy they clearly say that, using that copy you cannot claim it as a proof of approval/any benefit out of that. So that is important.

    Also get all your experience letters. The new attorney might ask for it at the stage of filing labor itself.

    Hope this clears your hold up.

    PM me if you need further clarification.

    Good luck on your new job.

    -Raj:)




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  • monikainusa
    03-22 09:14 AM
    the notice says:

    based on the document you have submitted to us and the information elicited in your interview with an american consuller officer we are not able to issue
    you an h-4 temporary visa because :

    the petetioner does not appear to be either able or willing to provide qualifying employemnt for the principle applicant in the united states in accordance with
    a appropriate laws and regulations


    I have provided all the documents including client letter.please advise.. also does it revoke my husband's H1B visa ?



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  • transpass
    07-16 11:42 AM
    Can any one tell what is written on Eb3 I 140. I am assuming it will be
    Sec 203 (b) (3)
    but is there any text associated?

    This is my understanding, when I look the 140 form...

    You can either look into 'Part2 (Petition Type)' what is applied for when you file, OR you can look 'Classification' under "FOR CIS USE ONLY', where the CIS officer will approve what you checked in 'Petition Type'...

    EB1--
    203(b) (1) (A) Alien of Extraordinary ability
    203 (b) (1) (B) Outstanding professor or researcher

    EB2---
    203(b) (2) Member of professions w/adv degree or exceptional ability

    EB3--
    203 (b) (3) (A) (i) Skilled worker
    203 (b) (3) (A) (ii) Professional

    Just My 2 Cents...




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  • anilsal
    03-09 05:54 PM
    I had dream last night, part of which I still remember.

    As usual in the evening I went to check my mails and found a mail from USCIS. I opened with surprise , preparing myself mentally , which document would they be requesting now. and.......
    I screamed in excitement , it was my greencard. I was shocked, and now I was thinking what can I do with the greencard, I thought I should change my jobs which I always wanted, as my job sucks, but realizing that after a month I am going to retire so, dropped that idea and then I started thinking what else I wanted to do when I'll get my GC, and told my wife the idea of now buying the house, but she told me that as you are going to retire next month lets go back to india and the savings that we are left with after paying the taxes , social security and immigration attorneys, will buy a 2 bedroom apartment in India only.
    I asked her what about travelling to Europe that you always wanted, but which we never did for the reason, that what if there will be an issue on travelling with AP,but she told me with my blood pressure and and her arthiritis, it won't be possible.

    And then..... I started thinking what I lost in the race to get the GC and what I am left after getting the GC. Sadly threw the GC in the trash and again started browsing the forums on immigrationvoice.org. As after these many years,browsing IV forums became my habit.

    And then the alarm woke me up and as usual I started to get ready to spend another day in Paradise, in the country of DREAMS.

    Quite fun to read.




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  • small2006
    07-11 12:14 PM
    When I went recently for my EAD renewal FP (I deliberately e-filed EAD renewal to get this FP notice, and it came fast), I took a copy of my I485 receipt notice, and explained to them that I have been waiting for that other FP for almost a year (never opened SR). They promptly took both FPs (code-1 for I485 and code-2 for EAD), and also told me I should never have waited this long, and instead should have contacted them (I guess they meant by Infopass) after 2-3 months.

    I was not aware that you needed an FP for EAD renewal as well. Could you please clarify? I always had thought that FP is related to 485 and not EAD. Am I wrong?

    Also, not sure which Infopass center you went to, but my center happens to be San Antonio and I have already been there twice before for expediting EAD/AP for my wife and we also asked them about finger printing then and they said they are not an "authorized" center for that although the USCIS rep I spoke to told me to go there.

    I have anyway taken another info pass appointment there again just to try my luck again.




    raysaikat
    01-19 04:23 PM
    My wife's co. provides health insurance for both of us. We are both on H1-B.

    If my wife quits her job, can we still be eligible for COBRA because at that point she will be doing COS to H4.

    If someone has any experience or knowledge about this please reply. It will help us deal things better as we are better prepared with what could be our options.

    Does COBRA depend on H1-B status? Also recently Obama administration has worked a plan where the payments on COBRA are less than the usual amounts, COBRA subsidy? Can you provide details regarding that?

    In COBRA, you would have to pay the *entire* insurance cost from your pocket. It may comes out $500-$1000 to be a month per person depending on the state and coverage. Unless you have a known condition that makes you very risky, it is usually too expensive to carry forth.

    Note by the way, the catch of some individual insurances (not COBRA). Other than being costlier, many of them consider each period as a "new" enrollment (even if you are getting the same insurance from the same company), and therefore, they will declare anything that was found in the previous period as "pre-existing" in the new period and deny coverage.

    Read fine prints very carefully.




    valuablehurdle
    01-18 10:37 AM
    Ria,

    This not correct. if you are on H visa in USA, you can definitely apply for Canadian Landed Immigration. In order to maintain your immigration in Canada, you have to stay atleast 2 years in Canada in a 5 year period.
    Moreover, in order to fulfill your citizenship requirement, you have to be physically present in Canada for atleast 3 years.

    I hope this helps.

    A Canadian Citizen.

    ---------------------------------------------



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