dvb123
01-11 09:10 PM
I am also in a similar situation. My dad's brother filed for my dad in 1983. However my dad did not go for his visa interview as he was no longer interested in moving to US and due to him I am stuck reading immigrationvoice.org forums everyday.
Since your application is filed before 1998 you are eligible for 245(i) as a grandfathered alien . Suppose you fall out of status for any amount of time during your h1 period you can use 245(i) , pay 1000$ and still file for i-485 .
245(k) which is available for everybody and protects an out of status person for 180 days while 245(i) is available for persons only who were a beneficiary or a derivative beneficiary of a i-130 application or i-140 application before 1998.
I did extensive research on porting of priority dates. Priority dates can be ported in the following situations
a) Family petition when a son/daughter turns 21.
b) Employment based petition when an i-140 is approved and will not be revoked by the previous employer before this i-140 priority date is transferred to another i-140 petition.
c) Employment based petition when 180 days have passed since i-485 is filed and i-140 is approvable due to AC 21 regulations (note the word approvable)
d) Priority dates before 1977.
However I do know of any recapture mechanism for priority dates from family based petitions to employment based petitions. However if you do find any interesting information about porting dates from family based application to employment based information pls do post it.
Since your application is filed before 1998 you are eligible for 245(i) as a grandfathered alien . Suppose you fall out of status for any amount of time during your h1 period you can use 245(i) , pay 1000$ and still file for i-485 .
245(k) which is available for everybody and protects an out of status person for 180 days while 245(i) is available for persons only who were a beneficiary or a derivative beneficiary of a i-130 application or i-140 application before 1998.
I did extensive research on porting of priority dates. Priority dates can be ported in the following situations
a) Family petition when a son/daughter turns 21.
b) Employment based petition when an i-140 is approved and will not be revoked by the previous employer before this i-140 priority date is transferred to another i-140 petition.
c) Employment based petition when 180 days have passed since i-485 is filed and i-140 is approvable due to AC 21 regulations (note the word approvable)
d) Priority dates before 1977.
However I do know of any recapture mechanism for priority dates from family based petitions to employment based petitions. However if you do find any interesting information about porting dates from family based application to employment based information pls do post it.
wallpaper such as John Dillinger,
amitnaik
08-22 04:44 PM
Here are the details:
Working with an employer since 2001, EB 3 PD Dec 2003, EAD in 2007, Still on H1b until Nov 10. Though had two masters i had filed under EB 3 (no one to balim it was just me...Small Company, not so called HR department and hired not so high profile/deligent lawyer (later found out that he was busy moving from west to east coast)
With the same employer, i have rec'd EB 2 approval, want to file I 140 and port EB 3 PD.
Need help/input with folloiwng from the gurus:
1) in EB 3 application the title is "Construction Engineer" with 4 lines of scope of work clarification with bachelors degree in civil engg. and no experience requirement. In EB 2 application, we have used same title "Construction Engineer" with 4 lines of scope of work, we had left 2 lines common (as earlier in EB3 application) and 2 new lines (related to environmental engg. since i have two env. engg. masters with BE in civil engg.)......this ad asked for MS in env. engg. or similar degree with no experience requirement.
Question: EB 2 Labor is approved, i am not sure what they check with i 140 application but does above sound reasonable (not that anything can be changed...but asking for an opinion here).
2) With premium processing, how long it takes to get I140 approved?
3) Do we just file for I 140 for EB 2 first, get it approved and then file letter/application ( i don't know the procedure/protocol) asking to port PD OR do we need file some sort of paper work with I140 to port PD.
Appreciate your help.
Thanks in advance.
Working with an employer since 2001, EB 3 PD Dec 2003, EAD in 2007, Still on H1b until Nov 10. Though had two masters i had filed under EB 3 (no one to balim it was just me...Small Company, not so called HR department and hired not so high profile/deligent lawyer (later found out that he was busy moving from west to east coast)
With the same employer, i have rec'd EB 2 approval, want to file I 140 and port EB 3 PD.
Need help/input with folloiwng from the gurus:
1) in EB 3 application the title is "Construction Engineer" with 4 lines of scope of work clarification with bachelors degree in civil engg. and no experience requirement. In EB 2 application, we have used same title "Construction Engineer" with 4 lines of scope of work, we had left 2 lines common (as earlier in EB3 application) and 2 new lines (related to environmental engg. since i have two env. engg. masters with BE in civil engg.)......this ad asked for MS in env. engg. or similar degree with no experience requirement.
Question: EB 2 Labor is approved, i am not sure what they check with i 140 application but does above sound reasonable (not that anything can be changed...but asking for an opinion here).
2) With premium processing, how long it takes to get I140 approved?
3) Do we just file for I 140 for EB 2 first, get it approved and then file letter/application ( i don't know the procedure/protocol) asking to port PD OR do we need file some sort of paper work with I140 to port PD.
Appreciate your help.
Thanks in advance.
Becks
02-08 11:48 AM
I think any non-H1 (including H4) stay wont count. You will have full 6 yrs on H1 visa.
Hi,
I am currently in L1B visa , i am in US for 40 Months. The total period that i can be in US in L1B is 5 yrs .
I am planning to do my H1B this year (2008), having already elapsed 40 months, if i get a H1B will the period elapsed ( 40 months in L1B) be accounted or i will get the H1b for 3 yrs.
Thanks
Hi,
I am currently in L1B visa , i am in US for 40 Months. The total period that i can be in US in L1B is 5 yrs .
I am planning to do my H1B this year (2008), having already elapsed 40 months, if i get a H1B will the period elapsed ( 40 months in L1B) be accounted or i will get the H1b for 3 yrs.
Thanks
2011 Manson, John, Wayne, Gacy,
sroyc
07-09 04:23 PM
I believe that it's the date of last physical entry into the U.S.
I'm in a similar situation and my lawyer filled that.
Dear fellow IV members,
I was just referring to my first application for EAD filed by my lawyer (july filer)
For Q#12 - Date of last entry into the US - my lawyer had entered (05/10/2007) - the H1-B approval date in date of last entry in to US - is this because of the new I-94 attached to H1-B approval notice?
But the I-94 in the passport shows my actual physical entry into US after my last visit outside the country - 08/10/2006.
I have not traveled outside the country after renewing my H1-B.
Which date did you guys put - the actual date of physical entry or the I-94 start date after renewal of H1-B?
Thank you!!!
I'm in a similar situation and my lawyer filled that.
Dear fellow IV members,
I was just referring to my first application for EAD filed by my lawyer (july filer)
For Q#12 - Date of last entry into the US - my lawyer had entered (05/10/2007) - the H1-B approval date in date of last entry in to US - is this because of the new I-94 attached to H1-B approval notice?
But the I-94 in the passport shows my actual physical entry into US after my last visit outside the country - 08/10/2006.
I have not traveled outside the country after renewing my H1-B.
Which date did you guys put - the actual date of physical entry or the I-94 start date after renewal of H1-B?
Thank you!!!
more...
puvathoor
04-08 03:30 PM
Agree with the post above.. Lots of H1Bs are filed by unscrupulous employers who bring a person on H1B and don't pay them till they get a contract / client to bill the H1B to..
USCIS needs to investigate this.. Time to write to USCIS to be more vigilant in monitoring these firms to ensure real people with real jobs out there can get the H1Bs
USCIS needs to investigate this.. Time to write to USCIS to be more vigilant in monitoring these firms to ensure real people with real jobs out there can get the H1Bs
ssingh92
10-19 12:39 PM
Dont waste time. Fill the FOIA form whatever you can only for "140 approval notice" (one page). They will use those info and send you the approval letter. It may take 1-3 months. At least you can give a shot. If you get it then resubmit FOIA with the A#. FYI- you can not fill two request same time. Once one is completed then you can send second one.
more...
milindss
11-05 10:59 AM
Thank you sir.
2010 Manson, John, Wayne, Gacy,
bbenhill
02-05 04:40 PM
I had that issue as well ..my parents returned to US after 3 months and got a lot of questions. I don't think POE will deport your parents.
Thx
My friends mom had a issues, She was here 6 months and came back after 6 months . POE officer took her for inspection and called my friend and asked lot of question , gave the warning saying 'Visiting visa is for just visting not to stay in US'....
It's all depends on the officer & POE
Thx
My friends mom had a issues, She was here 6 months and came back after 6 months . POE officer took her for inspection and called my friend and asked lot of question , gave the warning saying 'Visiting visa is for just visting not to stay in US'....
It's all depends on the officer & POE
more...
H1bslave
07-30 02:03 PM
My case is similar too, my husband filed 485 for both of us on 29th June, we both have H1b. But on June 15th one H1b transfer was filed for me (dependent in 485) which was confirmed to us on June 22nd and I joined new company on June 26th.
But the whole transfer thing is not mentioned in 485 because we were not aware at time of filling forms (june 18th).
Is this going to create problem? do we need to send update/form to USCIS about this?
But the whole transfer thing is not mentioned in 485 because we were not aware at time of filling forms (june 18th).
Is this going to create problem? do we need to send update/form to USCIS about this?
hair from the crime scene,
neglur
10-12 10:24 PM
No news yet! This is very frustrating!
more...
Blog Feeds
05-05 06:50 AM
This was long overdue but here are the latest on the Tri Valley story. A federal grand jury here has indicted the president of a Pleasanton, Calif., university on 33-criminal counts, charging her with an array of violations, including visa fraud, money laundering and alien harboring, as a result of a two-year investigation by U.S. Immigration and Customs Enforcement's (ICE) Homeland Security Investigations (HSI).
Tri-Valley University President Susan Xiao-Ping Su, 41, who also served as the school's chief executive officer, is accused of engaging in a two-year scheme to defraud the Department of Homeland Security (DHS) by submitting phony documents in support of Tri-Valley University's applications to admit foreign nationals on student visas. The indictment further alleges that after obtaining such approvals, Su fraudulently issued visa-related documents to student aliens in exchange for "tuition and fees."
Su was taken into custody Monday morning at her Pleasanton, Calif., home by HSI special agents. She made her initial appearance here in federal court shortly after her arrest.
In carrying out the scheme, Su is accused of making multiple false representations to DHS through Tri-Valley University's use of the Student and Exchange Visitor Information System (SEVIS), which the U.S. government uses to monitor the "F-1" student visa program. Through her false representations, Su was able to unlawfully obtain and issue F-1 visa-related documents without regard to the students' academic qualifications or intent to pursue a course of study required to maintain a lawful immigration status.
According to the indictment, Su admitted and maintained foreign students in exchange for tuition and other payments. In furtherance of the F-1 visa scheme, Su also allegedly harbored multiple Tri-Valley University student-employees to assist her in making the false representations to SEVIS. The indictment further alleges the defendant engaged in multiple money laundering transactions totaling more than $3.2 million using proceeds she derived from the visa fraud scheme.
Read more.. (http://www.ice.gov/news/releases/1105/110502oakland.htm)
More... (http://www.visalawyerblog.com/2011/05/f1_student_visas_trivalley_uni_1.html)
Tri-Valley University President Susan Xiao-Ping Su, 41, who also served as the school's chief executive officer, is accused of engaging in a two-year scheme to defraud the Department of Homeland Security (DHS) by submitting phony documents in support of Tri-Valley University's applications to admit foreign nationals on student visas. The indictment further alleges that after obtaining such approvals, Su fraudulently issued visa-related documents to student aliens in exchange for "tuition and fees."
Su was taken into custody Monday morning at her Pleasanton, Calif., home by HSI special agents. She made her initial appearance here in federal court shortly after her arrest.
In carrying out the scheme, Su is accused of making multiple false representations to DHS through Tri-Valley University's use of the Student and Exchange Visitor Information System (SEVIS), which the U.S. government uses to monitor the "F-1" student visa program. Through her false representations, Su was able to unlawfully obtain and issue F-1 visa-related documents without regard to the students' academic qualifications or intent to pursue a course of study required to maintain a lawful immigration status.
According to the indictment, Su admitted and maintained foreign students in exchange for tuition and other payments. In furtherance of the F-1 visa scheme, Su also allegedly harbored multiple Tri-Valley University student-employees to assist her in making the false representations to SEVIS. The indictment further alleges the defendant engaged in multiple money laundering transactions totaling more than $3.2 million using proceeds she derived from the visa fraud scheme.
Read more.. (http://www.ice.gov/news/releases/1105/110502oakland.htm)
More... (http://www.visalawyerblog.com/2011/05/f1_student_visas_trivalley_uni_1.html)
hot Police mark crime scene near
singhsa3
12-13 12:55 PM
They do keep record of when you called and what did you call about. I can tell that from personal experience.
In my case , I called them about Name Check and I was told that I called them earlier asking the same question and was asked to check back when 120 days are over.
This was the first time I called up the USCIS help desk (1-800-375-5283) to find about AC21 180 days rule, when she asked what is this for I informed for change of employer.
I would like to know if that statement would be noted and would it create me any problems in future, as of now I don�t have any plans to change employer.
Any suggestions are greatly appreciated.
My Case Details:
PD: EB2- 2006.
I-140 Cleared.
EAD: Received.
FP: Completed
In my case , I called them about Name Check and I was told that I called them earlier asking the same question and was asked to check back when 120 days are over.
This was the first time I called up the USCIS help desk (1-800-375-5283) to find about AC21 180 days rule, when she asked what is this for I informed for change of employer.
I would like to know if that statement would be noted and would it create me any problems in future, as of now I don�t have any plans to change employer.
Any suggestions are greatly appreciated.
My Case Details:
PD: EB2- 2006.
I-140 Cleared.
EAD: Received.
FP: Completed
more...
house john wayne parr knock out
dg_247
05-19 05:37 PM
Thanks for quick reply.
As of now, my friend is getting trained by local institutes in other IT realted field and searching for job. If things go well he might get a project in a month or so.
Q.Till he gets a project what risk does he have to his status?
Q.If he gets a project will everything be ok?
Pls advise
Thank you.
As of now, my friend is getting trained by local institutes in other IT realted field and searching for job. If things go well he might get a project in a month or so.
Q.Till he gets a project what risk does he have to his status?
Q.If he gets a project will everything be ok?
Pls advise
Thank you.
tattoo Crime Scene and Autopsy
mojoindemorning
07-04 02:03 AM
The 260k�
God knows or who knows why the fluke in the numbers and a lot hurt but not to forget certain services made the big bucks. On an average 65k/year non-Immigrant VISAS are issued by immigration services. The Dept. of State claims that 60k immigrant VISA numbers exhausted by June 29, 07. The total number of applicants in the rat race should sum up to at least 260k as on June07.
Numbers do the math...
The June07 bulletin priority dates for India trace back to EB3-June03 & EB2-April04. At the same time about combined ~65k*4(June03-June07) = 260k were looking forward to get ahead in the rat race. Assume that 70% of 260k i.e. 182k had approved labors/substitution labor. The 182k caused to exhaust the 60k available immigrant VISAS then still about 102k are left in the air as non-immigrant alien workers.
The suck-more theory�
Since, the bulletin was issued on June 13, 07 (13 = dooms day) ~102k rushed to local stores like Sears, Walgreen, CVS for 2�� * 2 �� passport size photographs. The non-immigrant alien workers spent around 182k* ~$60 = $10.9mil for 6 passport size photographs. This explains why Walgreen (WALG) which was trailing at $43.xx on NASDAQ in May07 shot up to $45 in June07 and suddenly tumbled down to $43.xx after the revised bulletin. Certified civil surgeons to perform medical examination pocketed medical history�s best earnings in a span of 2 weeks raking revenues of about 182k* ~$275 = ~$50mil. NASDAQ touched years best @2650 in June07. Immigration lawyers charge about $1500 for I140 petition. Market rates for immigrant 485 petition is about $1400 for principal applicant and extra $750 for each dependent. Assuming that the average spending of 182k(singles, married, 2/3dependent applicants) amounted to $2000 for I140 and $2000 for I485 this totals to about 182k*$4000 = guess what!! $728mil. This means that there should be tremendous sales of Bentleys, Porsches, Lexus, Audis, BMWs this year. Projected sales of luxury cars should touch around $500mil for luxury cars alone in Q3. Till the next Oct07 bulletin keep the retro-guess-on for numbers.
Thanks and good luck!!
-AD (ad@suckmore.com)
God knows or who knows why the fluke in the numbers and a lot hurt but not to forget certain services made the big bucks. On an average 65k/year non-Immigrant VISAS are issued by immigration services. The Dept. of State claims that 60k immigrant VISA numbers exhausted by June 29, 07. The total number of applicants in the rat race should sum up to at least 260k as on June07.
Numbers do the math...
The June07 bulletin priority dates for India trace back to EB3-June03 & EB2-April04. At the same time about combined ~65k*4(June03-June07) = 260k were looking forward to get ahead in the rat race. Assume that 70% of 260k i.e. 182k had approved labors/substitution labor. The 182k caused to exhaust the 60k available immigrant VISAS then still about 102k are left in the air as non-immigrant alien workers.
The suck-more theory�
Since, the bulletin was issued on June 13, 07 (13 = dooms day) ~102k rushed to local stores like Sears, Walgreen, CVS for 2�� * 2 �� passport size photographs. The non-immigrant alien workers spent around 182k* ~$60 = $10.9mil for 6 passport size photographs. This explains why Walgreen (WALG) which was trailing at $43.xx on NASDAQ in May07 shot up to $45 in June07 and suddenly tumbled down to $43.xx after the revised bulletin. Certified civil surgeons to perform medical examination pocketed medical history�s best earnings in a span of 2 weeks raking revenues of about 182k* ~$275 = ~$50mil. NASDAQ touched years best @2650 in June07. Immigration lawyers charge about $1500 for I140 petition. Market rates for immigrant 485 petition is about $1400 for principal applicant and extra $750 for each dependent. Assuming that the average spending of 182k(singles, married, 2/3dependent applicants) amounted to $2000 for I140 and $2000 for I485 this totals to about 182k*$4000 = guess what!! $728mil. This means that there should be tremendous sales of Bentleys, Porsches, Lexus, Audis, BMWs this year. Projected sales of luxury cars should touch around $500mil for luxury cars alone in Q3. Till the next Oct07 bulletin keep the retro-guess-on for numbers.
Thanks and good luck!!
-AD (ad@suckmore.com)
more...
pictures CSI Crime Autopsy
cooolvick
11-30 10:00 PM
Hi,
I am in a fixed situation and in big dilemma.
My H1 is expiring in 2007 June first week.
My current employer's (A) attorney is useless and I had to struggle for a year to get my labor filed.
Labor got approved recently and still struggling to file my I-140 in premium.
Meanwhile, I got an offer for permanent employment in a good organization (B).
I would like take that offer but issues that are bothering me are:
1. If I wait and finish my I-140 with current company (A), do I have to get 3 years H1 extension with Company (A) before transferring to company (B)?
2. Do company (B) have rights to extend my H1 visa for 3 years with I-140 approval from current company (A)?
3. Is it safe to switch companies immediately after I-140 approval? I thought 180 days time is preferred but I don�t have the luxury of waiting for 180 days.
Please help me with these questions.
Thanks!!!
I am in a fixed situation and in big dilemma.
My H1 is expiring in 2007 June first week.
My current employer's (A) attorney is useless and I had to struggle for a year to get my labor filed.
Labor got approved recently and still struggling to file my I-140 in premium.
Meanwhile, I got an offer for permanent employment in a good organization (B).
I would like take that offer but issues that are bothering me are:
1. If I wait and finish my I-140 with current company (A), do I have to get 3 years H1 extension with Company (A) before transferring to company (B)?
2. Do company (B) have rights to extend my H1 visa for 3 years with I-140 approval from current company (A)?
3. Is it safe to switch companies immediately after I-140 approval? I thought 180 days time is preferred but I don�t have the luxury of waiting for 180 days.
Please help me with these questions.
Thanks!!!
dresses Crime Scene and Autopsy
voicerj
05-12 02:18 PM
Hello,
Is it possible to file I-140 without joining the employer? Can one join the employer after the PERM and I-140 are approved? Any risks in this case?
Thanks
To my knowledge, you can definitely get your I-140 filed without Joining the employer as i know of some folks who have done that. But incase you are in the country and file I-485 when you dates become current, you have to be with the employer who files your I-485
Is it possible to file I-140 without joining the employer? Can one join the employer after the PERM and I-140 are approved? Any risks in this case?
Thanks
To my knowledge, you can definitely get your I-140 filed without Joining the employer as i know of some folks who have done that. But incase you are in the country and file I-485 when you dates become current, you have to be with the employer who files your I-485
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makeup john franklin john gacy, aka pogo the holy grail John+wayne+gacy+clown+
sundarpn
06-13 10:55 PM
As usual to complicate decision making.... :mad:
Today PD (aug 2006 / EB3) is now current :) and I have my I 140 approved.
I also have another job offer which looks great. :confused: But they will start GC only after 3-4 months!
Should I just stick on to my current job and ride it out for 6 months to get EAD?
When does one get EAD 3 months after filing 485 or after 6?
Also if the dates retrogress, will 485 get approved? or Should the date remain current till 485 gets approved?
Today PD (aug 2006 / EB3) is now current :) and I have my I 140 approved.
I also have another job offer which looks great. :confused: But they will start GC only after 3-4 months!
Should I just stick on to my current job and ride it out for 6 months to get EAD?
When does one get EAD 3 months after filing 485 or after 6?
Also if the dates retrogress, will 485 get approved? or Should the date remain current till 485 gets approved?
girlfriend Crime Scene and Autopsy Images
wonderlust
07-17 10:43 PM
Congratulations on our first BIG SUCCESS! Your efforts, time, and resources spent have paid back!
While rejoicing our victory, I remind myself that this is the first. There are still challenges for each individual and our community on the journey of legal EB immigration:
(1) How will the CIS, DOS, DHS, and FBI handle the job in the future?
(2) What will the increased fee be used for? How can we and other goverment agencies monitor the accountability?
Let's think about what's next... Will this success be the end or the beginning of our grassroot activism? Does the present move by CIS mean efficient services in the future?
Take care, enjoy the moment and plan for the future.
Wonderlust
While rejoicing our victory, I remind myself that this is the first. There are still challenges for each individual and our community on the journey of legal EB immigration:
(1) How will the CIS, DOS, DHS, and FBI handle the job in the future?
(2) What will the increased fee be used for? How can we and other goverment agencies monitor the accountability?
Let's think about what's next... Will this success be the end or the beginning of our grassroot activism? Does the present move by CIS mean efficient services in the future?
Take care, enjoy the moment and plan for the future.
Wonderlust
hairstyles Photo was an alcoholic tyrant in local politics gacy Notorious serial
maximus777
12-22 06:52 PM
Not a big deal in my opinion - the visa system needed a rehaul in any case. Cant undertsand how a tourist visa can double up as a business one.
akkakarla
08-22 08:22 PM
Actions speak louder than words. If they are deeply concerned then they should be taking steps forward to make something happen.
kpchal2
08-27 10:53 AM
I just got off the phone with a second level rep at USCIS and am getting really confused with their mixed messaged. before i push any panic buttons can some one please let me know if they had any conversations with the idiotic bunch at uscis and share your conversations with regards to the visa availability for next month. this idiot states that vsc just oversubscribed and that it could be that there wont be any movement on the cases. all this over enthusiasm for nothing - that would really infuriate me. there is a limit to the fuss they can cause and play with emotions.
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