GreenCardLegion
03-25 06:36 PM
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.
My 485 was filed way back in Sep 2004.
My 140 was approved way back in Nov 2004.
I have had 2 FPs done and 1 RFE replied to about 2 years ago. RFE was for EVL & TB Skin test.
2004 W2 – shows 74,000$/yr (Less than the salary mentioned in approved labor which is 87,000$)
2005 W2 – shows 57,000$/yr
2006 W2 – shows 50,000$/yr
2007 W2 – shows 58,000$/yr
2008 W2 – shows 67,000$/yr
Never changed employers nor job titles.
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.
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$/yr salary is after 485 approval? Will this suffice? Or am I in jeopardy here?
Q3) With my EB3-India Jul 2004 PD how much more long do you think I need to wait to see a 485 approval? My FBI name checks are cleared.
Q4) With June 2004 PD/EB3 India do you advise me at this stage after 5 years to switch to CP?
Q5) Would you advise me to start a brand new EB2 India labor and 140 considering my retrogressed eb3 India category and dates?
Q6) I have been on bench for about 3 times (periods of 2 to 3 months) in the last several years witout pay. But I have always had EAD but never used EAD as I had H1B from same GC sponsoring employer. But I always got paid every year more than the prevailing LCA wage for my geographical location? Will this affect my GC?
Thanks.
EB3 INDIA
PD of Jul 2004.
I am still working for same GC sponsoring employer since last 5 years. I still perform the same job title/job duties as mentioned in labor.
My employer had mentioned a salary of 87,000$ in my labor.
My 485 was filed way back in Sep 2004.
My 140 was approved way back in Nov 2004.
I have had 2 FPs done and 1 RFE replied to about 2 years ago. RFE was for EVL & TB Skin test.
2004 W2 – shows 74,000$/yr (Less than the salary mentioned in approved labor which is 87,000$)
2005 W2 – shows 57,000$/yr
2006 W2 – shows 50,000$/yr
2007 W2 – shows 58,000$/yr
2008 W2 – shows 67,000$/yr
Never changed employers nor job titles.
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.
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?
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.
Q4) With June 2004 PD/EB3 India do you advise me at this stage after 5 years to switch to CP?
Q5) Would you advise me to start a brand new EB2 India labor and 140 considering my retrogressed eb3 India category and dates?
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?
Thanks.
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help43
09-10 10:56 PM
Thanks for your replies and help
Which consulate i need to go if i want to go for stamping.......
http://www.happyschoolsblog.com/i797a-i797b-i797c-difference/
According to above link they are saying i need to go to india for stamping ........
please advise me on this.........
Which consulate i need to go if i want to go for stamping.......
http://www.happyschoolsblog.com/i797a-i797b-i797c-difference/
According to above link they are saying i need to go to india for stamping ........
please advise me on this.........
GCKarma
07-21 08:57 PM
With 485 pending more than 180 days 140 approved ..not using EAD i use ac21 to change job on h1.....in that scenario can i get h1-b extension after six years?...if so for how many years?
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gcisadawg
03-09 07:21 PM
My 140 was filed in Nov 2006. I had to wait 2 full years before my case got approved in Nov 2008.
My lawyer did not even open a service request. She was against infopass too. Her reason was that these would work for any other case except 140.
Based on my experience, I would recommend the following:
1. Ask your lawyer to go through AILA. This is the most preferred way and should work in 99% of the cases (This is what worked for me though it took a lot of time)
2. If option 1 does not work, try to go through your local congressman.
Hope this helps. All the best.
My lawyers filed a Service Request and I contacted the local congressman for my Pending I-140 at TSC. Should I be worried since those actions would jeopardize my case?
-G
My lawyer did not even open a service request. She was against infopass too. Her reason was that these would work for any other case except 140.
Based on my experience, I would recommend the following:
1. Ask your lawyer to go through AILA. This is the most preferred way and should work in 99% of the cases (This is what worked for me though it took a lot of time)
2. If option 1 does not work, try to go through your local congressman.
Hope this helps. All the best.
My lawyers filed a Service Request and I contacted the local congressman for my Pending I-140 at TSC. Should I be worried since those actions would jeopardize my case?
-G
more...
gumpena
08-03 10:29 PM
I am not sure whether it is a typo ..but look at the I-765 (EAD) update is upto JULY 2...
aj2000
02-23 01:38 PM
shut up idiot. Do you know how many 485s have been rejected for using AC21? Some people have advised me to stay where I am as long as it takes, but my gut tells me to find another job. So I am just asking for risk and opinions.
Nice way to talk on forum , my fellow.. btw., I wanna know "how many 485s have been rejected for using AC21?".. really.. an exact number would be very helpful for people like me who are in same situation as you.
Nice way to talk on forum , my fellow.. btw., I wanna know "how many 485s have been rejected for using AC21?".. really.. an exact number would be very helpful for people like me who are in same situation as you.
more...
TheCanadian
01-01 10:27 PM
What about AS1?
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techbuyer77
06-20 01:13 PM
However if you also apply for EAD, then maybe you have to join the ex employer who files your 485 at least during the intial 180 days after 485 is filed, please do check with your lawyer.
Not really as GC is for future job; if 180 days have past you are ok even to change your intent even if you never worked for the first employer.
Not really as GC is for future job; if 180 days have past you are ok even to change your intent even if you never worked for the first employer.
more...
amitpan007
06-09 12:26 PM
You got to ignore some of these statuses from certain IOs. I went for infopass end of may and I was told namecheck is pending. When i said it does not matter anymore since it has passed 180 days, he mentioned that its not official yet and gave me a document describing name check process which mentioned something about N-400 which i believe is for FB. Talked to IO over the phone a week later and I was told that its assigned to the officer and Visa Number also assigned. Got the Card Production Ordered email next day.
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sky7
07-26 11:17 AM
Dear all
First of all..THANKS SO MUCH for taking the time to answer my questions!!! I needed that support! :)
Sorry i confused u all...here are my GC Filling details:
LC State: NJ
LC Category: EB2
LC PD: 24 SEP 02
I-140 FD: 15 JUNE 06
I-140 RD: 16 JUNE 06
I-140 LUD: 03 JULY 06
I-140 Receipt# : LIN-06-191-XXXXX
I-140 AD (If any): Still waiting!!!
Concurrent filing: NO
So my PD is 9/24/02. Yeah, i also read 180 days after filling I485 b4 i can leave my current company under AC21.
I guess the best option for me is to
** wait till my get my I140 approves,
** get my H1B extended for another 3 years (instead of 1 stupid year),
** Wait for at least 180 days
then move to another company (if i still get another job offer by then) Correct?? So by then, the new company should be able to transfer my H1B and finish up my GC process? But..but can my old company do anything to jeapodize my GC filling? eg: revoke my LC or I140???
More suggestions and opinions??? :o
Given my PD is 9/2002 (EB2), I won't be affected by the retrogression right? if i am not an India or China citizen.
Pls advise
Sky
First of all..THANKS SO MUCH for taking the time to answer my questions!!! I needed that support! :)
Sorry i confused u all...here are my GC Filling details:
LC State: NJ
LC Category: EB2
LC PD: 24 SEP 02
I-140 FD: 15 JUNE 06
I-140 RD: 16 JUNE 06
I-140 LUD: 03 JULY 06
I-140 Receipt# : LIN-06-191-XXXXX
I-140 AD (If any): Still waiting!!!
Concurrent filing: NO
So my PD is 9/24/02. Yeah, i also read 180 days after filling I485 b4 i can leave my current company under AC21.
I guess the best option for me is to
** wait till my get my I140 approves,
** get my H1B extended for another 3 years (instead of 1 stupid year),
** Wait for at least 180 days
then move to another company (if i still get another job offer by then) Correct?? So by then, the new company should be able to transfer my H1B and finish up my GC process? But..but can my old company do anything to jeapodize my GC filling? eg: revoke my LC or I140???
More suggestions and opinions??? :o
Given my PD is 9/2002 (EB2), I won't be affected by the retrogression right? if i am not an India or China citizen.
Pls advise
Sky
more...
jmafonseca
November 21st, 2004, 01:36 PM
Hi guys, thanks for the replies.
I had the camera sent to Nikon for diagnosis last week, they wrote me an email just a few days back saying my power module had problems and it needed to be replaced. I requested they return the problematic power module so I could send it to an engineer friend of mine for examination. I'll let you guys know if I find anything new.
Just 4 days ago Tantrik wrote me a message saying the same happened to him. I wonder if this is a problem with the D70 model because I've never seen Nikon equipment break so easily and I honestly did not expect to hear the same happened to someone else.
Plus, as I explained, I did nothing to cause the problem. The camera laid there for a few days and when I turned it back on it was already bad.
Total Cost for fix : U$ 300.00
Nikon USA said they'd replace the camera for me but I bought it in Brazil. The local Nikon people charged me the above fee to fix it. Down here a D70 costs between U$ 2300,00 and even U$ 4000.00 in some shops. So the fix is worth it.
If this is a structural problem with the D70 I will sell it and move to Canon. I just don't want to believe Nikon is making such disposable equipment.
The camera was not purchased from the gray market and I have a proper tax receit with it.
Thanks again for the replies and please let me know if you find anything else about this problem.
Best regards,
Jose
I had the camera sent to Nikon for diagnosis last week, they wrote me an email just a few days back saying my power module had problems and it needed to be replaced. I requested they return the problematic power module so I could send it to an engineer friend of mine for examination. I'll let you guys know if I find anything new.
Just 4 days ago Tantrik wrote me a message saying the same happened to him. I wonder if this is a problem with the D70 model because I've never seen Nikon equipment break so easily and I honestly did not expect to hear the same happened to someone else.
Plus, as I explained, I did nothing to cause the problem. The camera laid there for a few days and when I turned it back on it was already bad.
Total Cost for fix : U$ 300.00
Nikon USA said they'd replace the camera for me but I bought it in Brazil. The local Nikon people charged me the above fee to fix it. Down here a D70 costs between U$ 2300,00 and even U$ 4000.00 in some shops. So the fix is worth it.
If this is a structural problem with the D70 I will sell it and move to Canon. I just don't want to believe Nikon is making such disposable equipment.
The camera was not purchased from the gray market and I have a proper tax receit with it.
Thanks again for the replies and please let me know if you find anything else about this problem.
Best regards,
Jose
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psaxena
06-30 01:13 PM
When I asked my attorney she said no you cannot.. thats what I quoted here.
Now with your suggestion, where this H1B gonna be coming from, the every year quota or will be the part of the existing H1B( that means one will not have to wait for the yearly quota.)
On visa revalidation visa stamp will show which H1B , the fulltime one or parttime?
This way everyone running out of the 6 years on Visa can actually use this route to have a total 11 years without filing the I-485. Moreover if this is true, everyone can have the backup H1B from any company in case they loose the jobs they can have the backup H1B to stay in status in the country. Now the other thing from that arises is if the main H1B is terminated on Layoff, which LCA will be in effect for salary condition.
I can work in the Software company fulltime but at the same time can work in a motel parttime, now when I get lay off from the software company ..I'll be in status but working for motel, also not full filling the condition of Highly skilled labor etc.
Can someone please explain all this. So far I know you cannot have this and this is what my attorney told me when I thought of doing that to open up a company and work as an employee partitme in it.
Mr Saxena
Please do not post misleading information. If you are not sure of something, please refrain from posting on such topics.
Now on to the OP :-
YES, you can have another H1. It is considered as a concurrent H1 or part time H1. You may work on it without any issues once you get it.
It would be a seperate case.
It should not have any effect on your current H1 or 140.
Now with your suggestion, where this H1B gonna be coming from, the every year quota or will be the part of the existing H1B( that means one will not have to wait for the yearly quota.)
On visa revalidation visa stamp will show which H1B , the fulltime one or parttime?
This way everyone running out of the 6 years on Visa can actually use this route to have a total 11 years without filing the I-485. Moreover if this is true, everyone can have the backup H1B from any company in case they loose the jobs they can have the backup H1B to stay in status in the country. Now the other thing from that arises is if the main H1B is terminated on Layoff, which LCA will be in effect for salary condition.
I can work in the Software company fulltime but at the same time can work in a motel parttime, now when I get lay off from the software company ..I'll be in status but working for motel, also not full filling the condition of Highly skilled labor etc.
Can someone please explain all this. So far I know you cannot have this and this is what my attorney told me when I thought of doing that to open up a company and work as an employee partitme in it.
Mr Saxena
Please do not post misleading information. If you are not sure of something, please refrain from posting on such topics.
Now on to the OP :-
YES, you can have another H1. It is considered as a concurrent H1 or part time H1. You may work on it without any issues once you get it.
It would be a seperate case.
It should not have any effect on your current H1 or 140.
more...
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monkeyman
01-04 12:15 PM
Let me start off by saying this is simply not the right forum for such discussions. You are better off using monster.com or some other job related sights.
As far as changing the fields go, assuming you have the authorization to work - you can change. But QA jobs these days are hard to come by and mostly happens in different countries and most of the existing jobs have been bangalored. And an effective QA job requires some kind of experience in the software development or related field. A non effective QA job is simply testing and chances of you retaining the job for more than 2 years is very slim. The thinking behind that is a more person gets involved with testing, the more he/she understands the testing and less rigorous the testing becomes.
SAP courses are good once you understand the nuts and bolts. But its challenging and requires you to have lots of people skills and ability to convince people that their business must run per SAP and not viceversa. Hope that helps. Good luck.
As far as changing the fields go, assuming you have the authorization to work - you can change. But QA jobs these days are hard to come by and mostly happens in different countries and most of the existing jobs have been bangalored. And an effective QA job requires some kind of experience in the software development or related field. A non effective QA job is simply testing and chances of you retaining the job for more than 2 years is very slim. The thinking behind that is a more person gets involved with testing, the more he/she understands the testing and less rigorous the testing becomes.
SAP courses are good once you understand the nuts and bolts. But its challenging and requires you to have lots of people skills and ability to convince people that their business must run per SAP and not viceversa. Hope that helps. Good luck.
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sajimm
08-16 11:21 PM
Me and my wife took the chest X-ray and didn�t take the TB skin test. Doctor has checked the �not taken� check box for the skin test and �negative� under the X-ray section in the medical report.
Wondering this is going to get us in trouble
Anyone else in the same situation?
PD 2003 April EB3
485 applied - June 27th, Receipt and FP notice received.
Wondering this is going to get us in trouble
Anyone else in the same situation?
PD 2003 April EB3
485 applied - June 27th, Receipt and FP notice received.
more...
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ocpmachine
10-13 12:53 PM
My 485/131/765 package was received by USCIS TX center on Aug14'07 and my checks got cashed out on 10/9/2007.
I got the receipt# from the back of the cheques, however i am unable to pull up the case status online, i read through the USCIS FAQ and it advises us to wait for 3-4 weeks for the case to show up online.
I got the receipt# from the back of the cheques, however i am unable to pull up the case status online, i read through the USCIS FAQ and it advises us to wait for 3-4 weeks for the case to show up online.
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immiusa
06-16 09:18 AM
Hi,
Pay stubs & Tax returns for all your stay in USA are most important. Some times, you may be asked to submit w2 form for all your employer changes. If you have worked with company that had a H1B transfer denial, You need to have pay stubs & w2 form from that company also.
The office at any USA consulate may ask you the following items,
1. recent pay stubs (Probably for 3 months)
2. W2 form from your old company & new company (If you have worked for 2 companies in the FY 2007.
3. Last pay stub from your old company & first pay stub form your new company. This is to verify your continuity on the work
Pay stubs & Tax returns for all your stay in USA are most important. Some times, you may be asked to submit w2 form for all your employer changes. If you have worked with company that had a H1B transfer denial, You need to have pay stubs & w2 form from that company also.
The office at any USA consulate may ask you the following items,
1. recent pay stubs (Probably for 3 months)
2. W2 form from your old company & new company (If you have worked for 2 companies in the FY 2007.
3. Last pay stub from your old company & first pay stub form your new company. This is to verify your continuity on the work
more...
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kriskris
02-24 04:10 PM
In 2-3 weeks span..
Can you please tell us the IRS address where you sent the request for updating ITIN with SSN.
Can you please tell us the IRS address where you sent the request for updating ITIN with SSN.
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abracadabra102
12-19 11:29 AM
My Friend, My Friend' Friend and Friend.. and the story goes on. I am sure you Friend has access to net and can express himself... ask him to post here and I am sure he will get ton's of first hand advise..
I second this post. Your "friend" should learn to fend for him/herself and post directly here.
I second this post. Your "friend" should learn to fend for him/herself and post directly here.
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diptam
11-13 03:37 PM
Jokes apart - I-485 is the actual step of converting someone to a real Permanent Resident.
You don't have to worry about your Skill sets , loads of paperwork - you can do everything that an American can do apart from Voting. Its not a administrative processing step like I-140.
If on a higher level the politicians feel that economy is bad , umeployment is rocketing up they would do nothing to speed up 485 , rather slow it down... They don't want an extra immigrant to stand in the line for Food stamp or unemployment benefits.
Makes sense ?
Is tehre is any way for PREMIUM PROCESSING for I485 pending case ?
In my case PD is current since years the I140 is approved. Backbround check etc is over. Confirmed by various sources that my case JUST needs to be picked up by IO.
I have somebusiness trips coming up. My employer want me to find out the way to get the GC faster that way there wont be any hassle for every year renewal od AP and also EADs. and then appplying VISAs which will expire along with teh AP last date.
Along with me my employer is also fed up now:p.
Our lawyer being stupid; the employer wants me to find out the way to expedite I485. Since it is in last stages I think theer could be quicker way.
I know there is the way WOM but is there any other way?:rolleyes:
You don't have to worry about your Skill sets , loads of paperwork - you can do everything that an American can do apart from Voting. Its not a administrative processing step like I-140.
If on a higher level the politicians feel that economy is bad , umeployment is rocketing up they would do nothing to speed up 485 , rather slow it down... They don't want an extra immigrant to stand in the line for Food stamp or unemployment benefits.
Makes sense ?
Is tehre is any way for PREMIUM PROCESSING for I485 pending case ?
In my case PD is current since years the I140 is approved. Backbround check etc is over. Confirmed by various sources that my case JUST needs to be picked up by IO.
I have somebusiness trips coming up. My employer want me to find out the way to get the GC faster that way there wont be any hassle for every year renewal od AP and also EADs. and then appplying VISAs which will expire along with teh AP last date.
Along with me my employer is also fed up now:p.
Our lawyer being stupid; the employer wants me to find out the way to expedite I485. Since it is in last stages I think theer could be quicker way.
I know there is the way WOM but is there any other way?:rolleyes:
test101
06-14 09:32 PM
Hi
Can I file for the I-485 before july 1st 2007?
I doing my medical exam next week on the 20th, that's the earliest i could get in MA.
However i'm going to do my x-ray tomorrow, because i always test positive after the TB test, but x-ray negative. Does it hurt to do the x-ray earlier that the actual TB test (PPD)? my doctor said it does not hurt and he will accept it. Does any one know if there going to be a problem with that ?
thanks for your help.
Can I file for the I-485 before july 1st 2007?
I doing my medical exam next week on the 20th, that's the earliest i could get in MA.
However i'm going to do my x-ray tomorrow, because i always test positive after the TB test, but x-ray negative. Does it hurt to do the x-ray earlier that the actual TB test (PPD)? my doctor said it does not hurt and he will accept it. Does any one know if there going to be a problem with that ?
thanks for your help.
mirage
04-08 02:40 PM
On Page 3 they say total Employement based preferences number was 162,176
Than on page 6 they say total Employement based preferences number was 147,148
Than on page 6 they say total Employement based preferences number was 147,148
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