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  • god_bless_you
    04-27 12:53 PM
    With the following conditions:

    Approved 140( already 6 months over)
    8th Year H1B extension
    485 not filed(Regression!!)


    it is necessary that previous Employer has to keep I140 open Right??





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  • american_dreams
    08-01 01:51 PM
    Below is the link where the new forms are posted on the USCIS website. Also note that beside each form under "Edition" colum it says: "Previous editions accepted." for I-485, I-765, I-131. So you can use either the new forms or the olf forms. But if you are applying based on Department of State’s July Visa Bulletin No. 107 you can file your application till August 17th 2007 and have to pay the old fee.

    In fact USCIS posted on 7/30/2007 for I-765 previos versions will not be accepted. but they have updated the website on 7/31/2007 that previos versions will be accepted for I-765.

    So do not worry about which version of the form you are using. Make sure you are including the correct fee.

    http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=db029c7755cb9010VgnVCM10000045f3d6a1RCR D&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1 RCRD

    BTW, i have the old forms if anyone really needs them.





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  • svn
    05-10 07:00 PM
    Thanks desi - AOS is what I was thinking as well but that doesn't seem to be one of the options listed when opening an account (the firm is Ameritrade - you check out their website https://wwwna.tdameritrade.com/cgi-bin/apps/IraApServlet). Guess they are just not aware of this status since it wasn't really designed to be a "status" and only recently have several people moved to AOS status given the backup for EB3 and EB2 China/ India





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  • gcnotfiledyet
    02-28 01:52 PM
    For any given fiscal year, either you are on f1 or h1. If for majority of the year (>183days) you are on f1 then claim as f1 for the whole year otherwise its h1.

    If you are on f1 you do not pay ssn/medicare. You should get it back from your employer if they have deducted it. If they have already paid it to IRS then you should get it back from IRS. Contact your employer. Also your overall burden for federal/state taxes is less when you are on f1.

    If you are on h1 for the whole year then you will not get back fica taxes. You also cannot claim fica taxes as deductions from your AGI. If you have not paid state taxes then you will have to pay them on h1 when you file for taxes.

    Contact an attorney/CPA for advise. Take any advise on this forum as a guidance. Best is to contact your employer/international students office.



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  • subba
    01-04 03:57 PM
    Is there a place the membership number is shown?

    So we are over 8000 strong. Lets target 10,000 by Jan 15?





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  • pom
    05-11 05:01 PM
    Cybergold, you win :)



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  • ilwaiting
    12-28 09:44 AM
    It would be really ages before EB3 moves to Jan-03. I guess we can worry about the getting stuck(in Jan-03) part when we are there. Just trying to be realistic.


    Currently EB3 is on May 01
    What are the chances of EB3 also getting stuck around Jan 03.
    Does any one know reason why so many EB2 were filed before Jan 03. Was there Apr 01 type of deadline??





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  • yestogc
    07-07 10:04 PM
    How can we know the status of 485, I mean is it pre-adjudicated or not ??

    Also what is this POJ method, can you please enlighten.



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  • lostinbeta
    11-17 11:47 PM
    HAHAHAHA......lol. That is friggin weird :P





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  • nmdial
    02-21 02:52 PM
    I'll be applying for my wife's and my visa stamping and therefore did some research on this issue myself. I believe that we'll need to print out DS-160 as well and take it to the consulate, the same way we did with previous forms. We can, therefore, write our names (or whoever is the applicant) in our native language on it.



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  • pappusheth
    04-21 06:44 PM
    I filed my H1 extension in late February and got it approved in mid March. This was not premium processing.

    It was the extension beyond 6th year. Extension got approved for 3 years since 140 is thru. My current H1 expires in August and the extension will go into effect from then. I've been with the same company for last 6 years and had no issues.

    hope this helps..





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  • veni001
    02-03 11:16 AM
    Defensive post :)

    What makes you think I am suspecting the content in that article? ;)

    I do not understand the problem here! First you questioned the source and then you are saying that i am suspecting the content. If i suspect the content i won't post it here at any cost.This forum is to educate the folks not to fall prey to their employer(s)/lawyer(s) promises.

    if you are open for discussion we can start with the requirements for PERM form DOL and then move on with requirements for i140 with USCIS, will be a good discussion for everybody!



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  • Green.Tech
    07-18 01:37 PM
    It's hard to predict EB-2 vs. EB-3 movement but I would think that an earlier PD is the way to go.





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  • reverendflash
    10-21 04:05 AM
    graduated high school in 1980, hence the jellybelly reference. Let us not forget Uncle Ronny...He is the reason we have to pay a small fortune for schools in California... :evil: :evil:

    But I digress, I'm a little testy due to the Giants' loss tonite... :evil:

    Rev:elderly:



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  • HopeSprings
    07-29 12:15 AM
    Geez, how hard can it be!!
    Read the lines.

    Prereqs:
    1. I-485 applied for EB-2 India
    2. PD after Jun 1st 2006 (i.e. ,PD is not current)
    3. There was an LUD on 07/27
    Only then, reply to the thread!!

    SunnySurya with date after PD Jun 1st 2006 replied yes, which means this update has nothing to do with the PD being current.

    I have PD of Nov 2006, 140-Approved, 485-July 2nd. I have not got any LUD on any of my applications. So, this soft LUD might not be for everybody.





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  • kishdam
    10-18 05:08 PM
    My employer is not giving me copy of Labour certificate. I know all numbers. Do I need a copy of AC21

    I'm not an expert but thru these forums got the understanding that you dont need a copy of labor cert (if you have its even better). Most employers dont share that anyway - except maybe the desi consulting companies (we may not like them but sometimes for GC purposes I feel that they are ideal companies - atleast they understand what we are talking about).

    Regarding I140 - I am not sure but saw conficting opinions - some thought its OK even without a copy of this one too but some suggested its better to get one. In any case having the case numbers would help I guess.

    Is I485 receipt may be needed.



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  • gc_kaavaali
    05-07 12:30 PM
    If one is on H1B...applied 485...almost done with 6 years...but got h1b approval for 3 years because of approved I-140...now 485 got denied...should i go back because i completed my six years? or can i stay as long as my H1 is valid (beyond 6 years)?





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  • kart2007
    10-23 05:41 PM
    If she has filed 485 as a dependent then she is a dependent though out the process. Once you are in trouble and 485 gets declined - hers also invalid. Both will be illegal!!!

    From what I know she can still work for 180 days while the 485 is investigated. You can appeal against the denial.





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  • veni001
    06-17 09:28 AM
    Little research on this forum will give you answers to all your questions!

    In short, you employer ( current and or future) need to start GC process for a EB2 qualified job all over and pay all expenses, you will be able to port your priority date at I-140 stage, upon approval request USCIS to update your I-485 with new I-140.

    HI, I am new to this forum, so pardon me if my question is an old one. Please direct me to the correct thread in that case.

    I am currently working on my EAD for past years since July fiasco. I have over 12 years of experience. My employer who originally filed for my GC, had filed it for EB3 since then I did not meet the requirements for EB2. (I do not have a master's degree)
    I have 12+ years of experience now and am working for a big pharma company on my EAD since. I filed for AC21 and left my original employer three years back and since then I have been working for the same company as a senior technical Lead.

    I do not have a valid H1-B any longer. Is it possible for me to do EB3 to EB2 porting. What are the requirements and would I need my current company to file for me, or can I do it on my own through lawyer?

    Thanks,
    PagalForGC





    thomachan72
    09-17 09:22 AM
    For a person holding a 10-year multiple entry B1/B2 visa, how long can they stay for each visit. Is it determined at the port of entry by the officer? or is there a standard like 30 days or something per visit? I know parents visiting can stay for max of 6 months. Can they travel across to canada and then reenter for another 6 months? Just curious.





    alterego
    02-20 09:44 PM
    Thanks for the correction Googler. I transposed the % into a K value! My bad. However my larger point remains.



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