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.
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vamsi_poondla
11-10 01:59 PM
At your own risk unless you perform other 'important' stuff like coding, debugging and testing as part of your job functions apart from IT Project Management.
I would speak with my future employment HR and ask them enhance the designation to the one that matches what you specified in your labor.
I would speak with my future employment HR and ask them enhance the designation to the one that matches what you specified in your labor.
furiouspride
01-04 09:43 PM
Hi Chris,
I expedite my petion by calling to customercare. I recieved a letter from USCIS, saying that, your file assigned to adjudicating office. Can you please share your experience and if you get any update please do share with me.
Thanks in advance
Next time, instead of digging up a 3 year old thread, try the PM feature :)
I expedite my petion by calling to customercare. I recieved a letter from USCIS, saying that, your file assigned to adjudicating office. Can you please share your experience and if you get any update please do share with me.
Thanks in advance
Next time, instead of digging up a 3 year old thread, try the PM feature :)
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wandmaker
03-28 11:28 PM
Many thanks for IV to get this fixed for students. I am student member of IV since 2007.
I have posted this message in other forums and urged the student community to join IV.
IV rocks!
Balan
^^^^^^
I have posted this message in other forums and urged the student community to join IV.
IV rocks!
Balan
^^^^^^
more...
diptam
09-14 02:20 PM
We are employee of employers - not chained slaves of employers.
They can pay me less , they can scare me of revoking 140 , they can make me sign fictitious bonds for getting future employment letter BUT they can not take away my basic civil rights as a human being. As long as you professionally inform that will be taking day off for personal reasons - they are NOT supposed to ask what is that reason. You can tell the later unofficially that you attending Rally for peacefully supporting a good cause.
Nothing will happen to you
Just follow your heart - Will se you in DC
They can pay me less , they can scare me of revoking 140 , they can make me sign fictitious bonds for getting future employment letter BUT they can not take away my basic civil rights as a human being. As long as you professionally inform that will be taking day off for personal reasons - they are NOT supposed to ask what is that reason. You can tell the later unofficially that you attending Rally for peacefully supporting a good cause.
Nothing will happen to you
Just follow your heart - Will se you in DC
snathan
01-31 09:57 PM
Dear all,
I am sorry to post here. I know this is wrong but don't know where to go to. My husband does not have any idea about how to invest his money. Could someone please help me and tell me how you can diversify your savings as an NRI for a safe secure future?
I rely on him for all this but I get no help.
Thank you for your support.
Again, my apologies.
Give it me and will keep it safe for you....:D
It depends on how much you have to invest, whats your future plan, your background and if there is any family property....
Normally you have to have three different kind of investment. 1/3 - cash, 1/3- property and 1/3 in stock or MF. Again 50:50 here and in India if you have plan to go back to India in the future.
Or consider option one.
I am sorry to post here. I know this is wrong but don't know where to go to. My husband does not have any idea about how to invest his money. Could someone please help me and tell me how you can diversify your savings as an NRI for a safe secure future?
I rely on him for all this but I get no help.
Thank you for your support.
Again, my apologies.
Give it me and will keep it safe for you....:D
It depends on how much you have to invest, whats your future plan, your background and if there is any family property....
Normally you have to have three different kind of investment. 1/3 - cash, 1/3- property and 1/3 in stock or MF. Again 50:50 here and in India if you have plan to go back to India in the future.
Or consider option one.
more...
singhsa3
11-15 10:47 AM
What a shame and Ignorant people we are trying to motivate...
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chanduv23
03-04 11:58 AM
>> Do you have a Green Card?
This is not a legal question. If question is posted on web-site, that can be reported.
Like in said my earlier post, employer can not ask for kind of employment authorization.
________________________
Not a legal advice.
US citizen of Indian origin
Thanks desi - as always ur source of information is great. Lets get some view points from IV lawyers on this issue.
If that is the case, what about employment websites? Maybe they need to be notified to change their options?
This is not a legal question. If question is posted on web-site, that can be reported.
Like in said my earlier post, employer can not ask for kind of employment authorization.
________________________
Not a legal advice.
US citizen of Indian origin
Thanks desi - as always ur source of information is great. Lets get some view points from IV lawyers on this issue.
If that is the case, what about employment websites? Maybe they need to be notified to change their options?
more...
sundarpn
05-29 09:51 PM
Oh I did not know that one person can send webfax for each state.
When I click that link it said "You have already sent it"
I'll check again now
When I click that link it said "You have already sent it"
I'll check again now
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Mahatma
02-19 09:01 AM
Consult a good lawyer.
Is your spouse a US citizen? Do you want to use I-130 based greencard option?
After getting I-485 and parole etc., you are legally protected but still it is better to avoid international travel, until it is absolutely essential (deatth etc. but certainly not pleasure trips..).
As you had J1 before, it may be possible to non-cap H1 if that helps with your current job. Your status on J1 was good upto Oct 01, 2007. Current law could pardon up to 180 days of out-of-status days. Beyond that it will be 3 year bar.
Your priority should be:
1. How to avoid this 180 day situation
2. How to maintain status
-by EAD only
-or by H1 (cap or non-cap)
3. How to attain GC
-By I-130 only or
are there other options
If your spouse is a citizen, usually GC will be done in 1 or 2 years.
You need to map out prudent course of actions. Consult lawyer, ask questions, take charge of your unique situation and avoid the mistakes (unwarranted international travel, problem with law enforcement etc.).
Again, a good lawyer will be your best advisor.
Is your spouse a US citizen? Do you want to use I-130 based greencard option?
After getting I-485 and parole etc., you are legally protected but still it is better to avoid international travel, until it is absolutely essential (deatth etc. but certainly not pleasure trips..).
As you had J1 before, it may be possible to non-cap H1 if that helps with your current job. Your status on J1 was good upto Oct 01, 2007. Current law could pardon up to 180 days of out-of-status days. Beyond that it will be 3 year bar.
Your priority should be:
1. How to avoid this 180 day situation
2. How to maintain status
-by EAD only
-or by H1 (cap or non-cap)
3. How to attain GC
-By I-130 only or
are there other options
If your spouse is a citizen, usually GC will be done in 1 or 2 years.
You need to map out prudent course of actions. Consult lawyer, ask questions, take charge of your unique situation and avoid the mistakes (unwarranted international travel, problem with law enforcement etc.).
Again, a good lawyer will be your best advisor.
more...
ram04
02-03 06:14 PM
Infopass confirmed approved and I got it by mail after 30 days.
After on line status change it is 14 days.
After on line status change it is 14 days.
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jsb
03-27 09:31 AM
I agree about your comment on guest workers. But h1bs are also human beings. Rather than treating them like car imported from Japan treat them humane. Don't just think of h1bs as a number. There is a human being behind them. Its not easy to just uproot everything you have since last 10yrs and move back to where you came. This is not a treatment for a "guest".
Also how humane is this for a country touting horn of human rights all over the world (read Tibet/China)?
I agree and share your views on how someone should treat a guest, etc. But I just stated facts.
Regarding open letter to Obama mentioned above, I agree with it one hundred percent. Focus of the letter should be (i) workers are highly educated, (ii) they are legally working and paying taxes, (iii) they are approved for GC, and are simply waiting for completing work on adjustment of their status, (iv) administrative inefficiency. Remember when one files for AOS, a visa is supposed to be already available for you (although due to USCIS bungling that has not been the case).
Also how humane is this for a country touting horn of human rights all over the world (read Tibet/China)?
I agree and share your views on how someone should treat a guest, etc. But I just stated facts.
Regarding open letter to Obama mentioned above, I agree with it one hundred percent. Focus of the letter should be (i) workers are highly educated, (ii) they are legally working and paying taxes, (iii) they are approved for GC, and are simply waiting for completing work on adjustment of their status, (iv) administrative inefficiency. Remember when one files for AOS, a visa is supposed to be already available for you (although due to USCIS bungling that has not been the case).
more...
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gcformeornot
04-08 01:09 PM
Paper filed too... 2 main reasons.
No FP required at local office(so no day off... no kids hassle...)
With e-file you anyway need to send documents via post......
Beside Paper file is easy to self file so no cost difference....
No FP required at local office(so no day off... no kids hassle...)
With e-file you anyway need to send documents via post......
Beside Paper file is easy to self file so no cost difference....
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optimystic
03-31 04:13 PM
This isn't correct Ronnie. Your non-immigrant status does determine whether you are a Resident alien or a non-resident alien for tax purposes.
Classic example is that while you are on F1 /OPT you don't have to pay social security and medicare.
I am taking a guess that what Ronnie meant to say was that, Tax filing (whether or not you file jointly) has no implications on your immigration process... which is true.
If you filed 'married filing separately' does not mean that you dont want to support your spouse anymore as a derivative of your I-485 !
Classic example is that while you are on F1 /OPT you don't have to pay social security and medicare.
I am taking a guess that what Ronnie meant to say was that, Tax filing (whether or not you file jointly) has no implications on your immigration process... which is true.
If you filed 'married filing separately' does not mean that you dont want to support your spouse anymore as a derivative of your I-485 !
more...
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cox
April 3rd, 2005, 04:39 PM
Okay, I got so much helpful advice on the last one, try this shot!
I was heading into yosemite just before sunrise and caught the pre-dawn light over Half Dome. But your eye is able to discern a different dynamic range depending on where you focus, so the picture looks different than I saw the scene. For example, the sky is bright and fiery, but I have lost almost all contrast on the mountain itself. Is that a problem from a photgraphic viewpoint? I'm pretty sure it must be, but maybe it's pleasing enough as is, or you all can advise me on some post-processing to spiff it up. All help appreciated :)
http://www.dphoto.us/forumphotos/data/931/medium/Sunrise_over_Half-Dome_04-01-05_C.jpg (javascript:;)
I was heading into yosemite just before sunrise and caught the pre-dawn light over Half Dome. But your eye is able to discern a different dynamic range depending on where you focus, so the picture looks different than I saw the scene. For example, the sky is bright and fiery, but I have lost almost all contrast on the mountain itself. Is that a problem from a photgraphic viewpoint? I'm pretty sure it must be, but maybe it's pleasing enough as is, or you all can advise me on some post-processing to spiff it up. All help appreciated :)
http://www.dphoto.us/forumphotos/data/931/medium/Sunrise_over_Half-Dome_04-01-05_C.jpg (javascript:;)
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tikka
08-09 11:17 AM
Check this out, get inspired
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Make it to the luncheon as well as the rally
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N2KFOXvkHNM
Make it to the luncheon as well as the rally
you rock!!
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inskrish
01-27 02:15 PM
For some reasons, USCIS has changed the 'Posted Date' from 01/23 to 01/27. I don't know what changes they have made in the Jan.09 processing dates. Does anyone notice any difference in the dates?
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chanduv23
09-14 04:55 PM
Follow Your Heart
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raysaikat
05-24 04:01 PM
Hi,
My H1 B is expiring on 30 Sep 2010. I have not started my green card process. Is it too late to start now?
You can start your green card any time. The initial part is your employer's responsibility. So you have nothing to lose.
Can I get extension based on number of days I have been out of country in last 6 years.? (119 days)
Yes.
If I include that is it still late to start and not worth my time and money? What are my options? If I leave the country and come back after 1 year, I will be counted for the H1 B quota?
You will be subject to quota again, but your H1-B clock will be reset (i.e., you will again get 6 more years).
I have MS in CSE from univsersity in USA. My husband applied for GC and I have dependent EAD till Oct 2010 but then he moved out of USA last year and got H4 to come visit. Is that application still valid for me to be able to get EAD extension?
If the primary's GC application is active, then the dependent's EAD is still valid.
Can he still come back on H1 B or EAD? Any help/advice on my situation will be very helpful.
Thanks!
If your husband gets his own H1-B, then he can still come back on H1-B. As long as the GC application is active (no decision made, not withdrawn, etc.), then you can still be on EAD while the primary is on H1-B.
My H1 B is expiring on 30 Sep 2010. I have not started my green card process. Is it too late to start now?
You can start your green card any time. The initial part is your employer's responsibility. So you have nothing to lose.
Can I get extension based on number of days I have been out of country in last 6 years.? (119 days)
Yes.
If I include that is it still late to start and not worth my time and money? What are my options? If I leave the country and come back after 1 year, I will be counted for the H1 B quota?
You will be subject to quota again, but your H1-B clock will be reset (i.e., you will again get 6 more years).
I have MS in CSE from univsersity in USA. My husband applied for GC and I have dependent EAD till Oct 2010 but then he moved out of USA last year and got H4 to come visit. Is that application still valid for me to be able to get EAD extension?
If the primary's GC application is active, then the dependent's EAD is still valid.
Can he still come back on H1 B or EAD? Any help/advice on my situation will be very helpful.
Thanks!
If your husband gets his own H1-B, then he can still come back on H1-B. As long as the GC application is active (no decision made, not withdrawn, etc.), then you can still be on EAD while the primary is on H1-B.
micofrost
07-12 01:34 AM
"We continue to pay for Your Social Security
But the presidency gives illegals over legals more priority"
But the presidency gives illegals over legals more priority"
aadimanav
09-05 04:05 PM
Thanks for telling me.
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