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Applied I-140 and I-485 in EB3 this month. New employer might agree to apply in EB2 category. Assuming I have to pay all costs for EB2 PERM processing, what's the average cost in Manhattan area?

Hi,

My EB2 labor PD 12/2002 is in Philadelphai backlog center. With the online backlog case status now available, I wanted to find out about my case.

However, lawyer is not giving my case number. Is there any way to find out. Gurus please help with suggestions.


Thanks

This bill is dead.

If your H-1B status started on 10/1/05, then your 6th year is 9/30/11, as you suggest. By 9/2011 your LC will, have been pending for 365 days so you can get a 7th year extension. Maybe the attorney thinks that August 2010 is the end of your 6th year. You should confirm the dates with her/him.

You cannot request a H-1B extension more than 6 months before the start date. For example, if you want the new H-1B to start on 8/15/10, your employer cannot file before 2/16/10.

I can not take infopass appointment as I don't have receipt number. Alos, I called up USCIS and they informed me that it is taking longer time for entry and so far they don't see my EAD and AP entries in their system. Although they have received I-485 which was sent along EAD/AP. I just wondering if anyone come across similar sitaution, also does it make sense to file EAD/AP again without any further waiting ?

Once you call USCIS on the 1-800-375-5283, try the following option sequence:

1-2-2-6 (key your 485's receipt number) -1-1 (listen to the case status) -3-4.

The last option (#4) enables you to get to an IO since you "filed a few applications together and think that some of them got seperated or lost".

If you already tried the above and it was not fruitful, please disregard this post.

Can you post what you wrote?
I would like to write one every day. I am totally frustrated on my green card situation.Cheated by my employer. Cant concentrate on work. They took all necessary documents, ran ads and finally said 'found candidates'.cant file your green card.Dont know what to do at this time.

For those who have same problem.
I just come back from local USCIS office. They do not make changes on I-94 any more ( I did show the memo whick is outdated according to the office). Now it's direct mail service. The supervisor of the office confirmed that I do not need file I-102 form if I file I-485 to adjust status, but I do need copies of all my I-94s including the error one. Good luck to anyone.

......
As I am paid on an hourly basis, I am not paid while I am on bench. As a result I don't have a pay stub for a period of 3 weeks.

Will this be a big problem in the future in terms of Green card processing?

......
..... I don't know much about the legal process.

Thank you!

First, you should know about rights of H-1B employee. You must get paid for all times including unproductive times (knows as "bench") as well.

Read this pdf
http://www.dol.gov/whd/regs/compliance/FactSheet62/whdfs62I.pdf

You should consider getting your salary for "bench" time, otherwise you are out of status. Being out of status can cause issues for H-1B "transfer" as well.


________________
Not a legal advice.

Guys,
It is always better to carry AP, in case if no AP, then No need to worry if it is a small duration since the GC is approved.
Even one can enter on valid H1 VISA when his/her own GC is approved as long as the duration between the GC approval and the date of Entry in USA is not too big. couple of weeks of duration is also fine.
I have confirmed this back in 2004 with couple of attorneys including Rajiv Khanna (ImmigationPortal.com).

I need some advice.

I have a PD of November 9th 2001 (EB3).
My 140 and 485 was filed on August 2003.
My 140 was approved in Feb 2004.

I am now retrogressed with the November Visa bulletin showing an April 22nd 2001 PD for EB3.

As we can all see EB3 is move very very slowly and probably will continue this way (I hope I am wrong), while EB2 is already current for my PD.

From my information and some threads on this forum. I believe I have the option of filing for an EB2, while maintaining my current PD.

My Questions:
1. Does it make sense for me to refile in EB2, given my situation? PD Nov 2001 in EB3.

2. Can I apply for EB2 through the same company. (my current company)?

3. What is the process of doing so (EB3 to EB2)? Would I have to refile for labor, 140 and 485, or is their a way I could directly file for I485, since my I140 is approved and I am in the same company.

4. Would the EB2 case be a new case altogether, i.e. not related to my existing EB3 case again providing the fact that I have NOT changed employers?

5. Would I be able to use the experience I have gathered in my current job (5.5 years) in the EB2 conversion.

I will appreciate your help.

Thanks

Hi All ,

I am currently on L1B visa valid till Mar 09.

I can apply for renewal for the same in Sep 09 and wanted to check if there would be any issues as if i travel to india and return on the old petition in oct-nov 08 (in case the renewal is still pending).

Will my return on the old petition cancel my L1 renewal petetion ?

I am trying to get the L1 renewed as soon as possible so that i can file for EAD renewal for my spouse.

Any views would be greatly appreciated.

Thanks

Not advisable to apply for L1 extension now. You should do it after you are back from India. That is because, they will also extend your I-94 when you apply for extension (i.e the L1 extension approval notice will list your current I-94 number).

You would'nt want to end up in a state where you leave the country and return your current I-94 at the airport and CIS approves an extension on that I-94 (which you no longer have).

When you return, you will have a different I-94 that will be valid till Mar 09 and you have to file for extension again with that I-94. Alternately, you may go out of the country to get a new visa stamp before Mar 09 and re-enter with that visa stamp and get a new I-94...

convoluted, isnt it? Better to make that trip, come back, get a new I-94 and use that to extend your status.

Any comments?

This additional poll needs to have an option for "Just you" - someone needs to take my additional 1.5 GC applications!
how to modify poll to add option.

Originally posted by eilsoe
why not? Seems out of place. Everything is vaporous and this is just too solid :P

Pretty fast as most(if not all) of Apr 01 cases are stuck in P/DBEC...

Hi
It's been 9 years since I filed for my Eb3. July 2002. Jan 2002 is currently being processed. Do not see it coming to July 2002 .. based on the trends so far. (may take 2 years or more for all I know)

When I filed for my EB3 .. i worked in as a support engineer.
Am currently a manager (not support but Web Projects). SO my previous job and current one do not have a huge overlap.


Questions for th gurus.
1. Do you think I should apply for EB2
2. If yes .. how much time will it take for me to get the GC? (quicker than my 2 years to indefinite for EB3)
3. Can I get my July 2002 priority date for my EB2.
4. Am currently on eAD. So is my wife. Will applying in EB2 affect my EAD?

Thanks
Vivek

yes, that is correct, i meant can i got for H-1 stamping while 485 is pending
and ead/ap is approved.
Again in case the H-1 stamping is denied for any reason , can i come back on AP

I am a little concerned of H1 stamping being a problem because my case is complicated ,for the years June 2005- June 2006 i dont have a H1 approval from USCIS for the 6th year, This was because the case was stuck in a security check .
We applied a case again in April 2006 , which was approved on August 2006 ( after the security check has been completed ).

Regards

Not sounding to be lazy or anything but any generic test you can share with us so that it can be modified and sent ot her, pl...












So far contributed only $100 for a priceless cause...

Hi

Your application and your wife applications are different though she applied as dependent on your application both I-485 applications are treated separately.

So you will be on H1 though your wife uses her EAD. My friend is also in the same status and he is waiting for an answer from an attorney. I would update here once he hear back from attorney.

Thanks

Next we need a competition to pick out all the hidden words! ;)

Just by glancing, I already have "borders", "luck", "needs", "haha", and "winner" (trying some sort of psycological hidden-text-influences-mind on that last one, eh?)

Here is my situation.....
My EB3 140 approved with priority date 01June2002 --> Company A

My EB2 140 pending with priority date 10May2006 -->Company A (different title...future position)

Can i port my EB3 priority date (June 2002) to EB2 application & apply I-485?.If i do, will my EB3 140 gets invalid?.I will need to file 3 year H1B extn(in Oct) based on my approved EB3 application & don't want to loose my approved 140.

Thanks in advance for your help.