jilh
07-29 07:23 PM
We hired a scientist with O-1 visa two year ago (company provided all the documents). This scientist applied green card (EB-1) last year. This week he recived a letter rejecting his application. The reason is not about his personal qualification but is about the company. Letter says company had no publications although we provided the copies of US patent applications.
We are a small R&D company with no budget for and work plan for any kind paper writing. Can INS use "without publication" as the only reason to turn down the EB-1 type application?
This scientist is very important to our company. What shoul we do to let INS reconsider this decision?
Thanks for your help.
We are a small R&D company with no budget for and work plan for any kind paper writing. Can INS use "without publication" as the only reason to turn down the EB-1 type application?
This scientist is very important to our company. What shoul we do to let INS reconsider this decision?
Thanks for your help.
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kdd
04-01 05:32 PM
Me and .harish? :lol:
Aah_GC
06-09 10:57 PM
Hi Gurus -
Am eFiling this my EAD renewal - and want to know what I should enter for -
1. "What is Date for Application?" - is the "Received Date" in my EAD receipt?
2. "Manner of Last Entry" : I put H1B - Speciality Occupation. Hope that is fine as I entered last year using H1B (am on H1B and there was one more H1 option there)
3. Current Immigration Status - "I put H1B - Speciality Occupation".
4. Eligibility Status - "I485 filed" - is that right? Am a July 07 filer.
Sorry if these questions have been asked before - if yes, please point me to the thread and better please try to answer these ASAP.
Thanks.
Am eFiling this my EAD renewal - and want to know what I should enter for -
1. "What is Date for Application?" - is the "Received Date" in my EAD receipt?
2. "Manner of Last Entry" : I put H1B - Speciality Occupation. Hope that is fine as I entered last year using H1B (am on H1B and there was one more H1 option there)
3. Current Immigration Status - "I put H1B - Speciality Occupation".
4. Eligibility Status - "I485 filed" - is that right? Am a July 07 filer.
Sorry if these questions have been asked before - if yes, please point me to the thread and better please try to answer these ASAP.
Thanks.
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morchu
06-16 12:49 PM
1. NOW, if you are switching to company B. Company A may want to request extension only from Nov 2010, so for that the earliest is June 2010.
2. You can file H1B extension on company B based on your approved & valid 140 in company A.
3. Not necessarily. At any time, whenever you file extension, the criteria is checked again. Means if the 140 is revoked after getting 3 year extension, then the next H1 filing will get rejected, since you don't have a pending 140 anymore. So the answer is, it depends on whether you have a pending/valid LC/140 at that time.
My 6 years on H1b expires on Nov 2010. I have 140 approved from company A.
1.What's the earliest I can apply for 3 year H1b extension based on my 140 approval?
2. If I switch to company B right now and get company B to file for labor using my approved labor's priority date, are there any time restrictions for filing H1b extension?
3. Suppose I get a 3 yr H1b extension from company A, can i switch to different company after that using that H1b visa?
Any feedback is welcome. Thanks.
2. You can file H1B extension on company B based on your approved & valid 140 in company A.
3. Not necessarily. At any time, whenever you file extension, the criteria is checked again. Means if the 140 is revoked after getting 3 year extension, then the next H1 filing will get rejected, since you don't have a pending 140 anymore. So the answer is, it depends on whether you have a pending/valid LC/140 at that time.
My 6 years on H1b expires on Nov 2010. I have 140 approved from company A.
1.What's the earliest I can apply for 3 year H1b extension based on my 140 approval?
2. If I switch to company B right now and get company B to file for labor using my approved labor's priority date, are there any time restrictions for filing H1b extension?
3. Suppose I get a 3 yr H1b extension from company A, can i switch to different company after that using that H1b visa?
Any feedback is welcome. Thanks.
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ark_ari
10-18 12:30 PM
yes u can do any place in us
andycool
07-29 08:04 AM
thank u so much for ur prompt reply.
my husband's priority date is current now so are there any chances for me to get gc now??
You should get approved soon , its just matter of time . if possible take a infopass and find out where your application is .
Thanks
my husband's priority date is current now so are there any chances for me to get gc now??
You should get approved soon , its just matter of time . if possible take a infopass and find out where your application is .
Thanks
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krishna_brc
02-23 08:48 PM
My wife is currently on H-1B status. Her employer has decided to close the company and cancel her H-1B effective from 2/28/09. My wife has an EAD and Advance Parole. We applied for her EAD and Advance Parole, when my company applied for my I-485 Adjustment of Status in July 2007. I wanted to know:
a) What steps are needed to move my wife from H-1B to EAD?
b) Do I also need to move from H-1B to EAD in order for my wife to use EAD?
c) Do I need to move my wife to H-4 status before she can start using her EAD?
In short I wanted to inquire, how to ensure that she is still in legal status after her H-1B is cancelled by her employer?
She will be in legal status although her H1 is cancelled.
Reason - She has file I-485 with you, so technically she is in AOS(Adjustment of Status)
When she finds a new job she will give her EAD details in the I9 form.
You dont have to do anything. You can maintain your H1.
If you convert her status to H4 then she cannot use EAD - meaning she cannot work being on H4.
hope this clears your doubts.
Thanks,
Krishna
a) What steps are needed to move my wife from H-1B to EAD?
b) Do I also need to move from H-1B to EAD in order for my wife to use EAD?
c) Do I need to move my wife to H-4 status before she can start using her EAD?
In short I wanted to inquire, how to ensure that she is still in legal status after her H-1B is cancelled by her employer?
She will be in legal status although her H1 is cancelled.
Reason - She has file I-485 with you, so technically she is in AOS(Adjustment of Status)
When she finds a new job she will give her EAD details in the I9 form.
You dont have to do anything. You can maintain your H1.
If you convert her status to H4 then she cannot use EAD - meaning she cannot work being on H4.
hope this clears your doubts.
Thanks,
Krishna
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kumar1
01-29 10:58 AM
You can do it.
Work full time for primary H1-B employer and part time on anyone on EAD. I am doing it right now.
Work full time for primary H1-B employer and part time on anyone on EAD. I am doing it right now.
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gcpool
07-02 02:21 PM
I dont think will give a true picture. There are a lot of people who dont care about tracking once they apply.
who are these 60k cases? i cant see it on or anywhere. these will some reflection of this..correct?
who are these 60k cases? i cant see it on or anywhere. these will some reflection of this..correct?
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pdt
06-14 04:42 PM
Both NIW and Eb-1a are DIY, so I do not have a lawyer to ask. It would be appreciated if you can share the response from your lawyer.
I am also thinking about interfiling, but it is said that both 140 have to be approved for interfiling of 485. How long does it take for interfiling? someone said it takes a long time. not sure if it is right.
I am in similar boat. What does your lawyer say? I am waiting for my lawyer response. How about option on interfiling NIW 140 with the pending I-485. That is do not file new I-485 but change underlined I-140 in the old one. Ask your lawyer about that and let us also know whats his/her response.
I am also thinking about interfiling, but it is said that both 140 have to be approved for interfiling of 485. How long does it take for interfiling? someone said it takes a long time. not sure if it is right.
I am in similar boat. What does your lawyer say? I am waiting for my lawyer response. How about option on interfiling NIW 140 with the pending I-485. That is do not file new I-485 but change underlined I-140 in the old one. Ask your lawyer about that and let us also know whats his/her response.
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gcwait2007
06-23 11:33 PM
Here is the USCIS official URL page/ press release:
http://www.uscis.gov/files/article/premproc_22jun09.pdf
http://www.uscis.gov/files/article/premproc_22jun09.pdf
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fastergcwanted
06-17 09:32 PM
Anyone here??
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Skolli9886
05-10 02:18 PM
Any Preditions on Movememnt of Dates for June Visa Bulliten !
Demand Data Used in the Determination of Employment Preference Cut-Off Dates
http://www.travel.state.gov/pdf/EmploymentDemandUsedForCutOffDates.pdf
India EB2 Reduced from 13,300 to 10,425 i.e. 2875 allocated for only EB2 I.
China EB2 Reduced from 3,900 to 3,675 i.e 225 allocated for only EB2 C.
Demand Data Used in the Determination of Employment Preference Cut-Off Dates
http://www.travel.state.gov/pdf/EmploymentDemandUsedForCutOffDates.pdf
India EB2 Reduced from 13,300 to 10,425 i.e. 2875 allocated for only EB2 I.
China EB2 Reduced from 3,900 to 3,675 i.e 225 allocated for only EB2 C.
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rajenk
11-10 02:45 PM
Since AC21 does not go in any official USCIS form, it is better to attach with G-28. My attorney did that and USCIS had acknowledged their receipt of the G-28 and supporting documents. The Ack was a letter to me and the attorney when my (new) attorney opened a service request inquiring the attorney of record after 4 weeks of filing G-28 and AC21 documents.
Good luck.
Good luck.
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swamy
12-12 09:01 PM
Swamy, you showed where you belong.
GG_007
sorry - just thought you would laugh it off - forgot i'm in the 'extra sensitive' club of gc seekers.
GG_007
sorry - just thought you would laugh it off - forgot i'm in the 'extra sensitive' club of gc seekers.
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saloni
07-11 05:23 PM
I have filed I-485 as derivative on my spouse case with his PD of EB3 Dec2005 as his I-140 was also approved in july 2007. I have AP/EAD through it, but have never used them.
I am currently on H1B and just got my I-140 approved through my employer in EB2. My priority is Feb 2005 which is much earlier than his EB3 Dec 2005. The approved I140 has the same Alien # that I received through my pending AOS case filed earlier in july 2007..
Do you recommend filing I-485 again based on August bulletin now that my PD is current.
How does processing date working in tandem with Priority Date.
What is your take on multiple I-485 filing.
I am currently on H1B and just got my I-140 approved through my employer in EB2. My priority is Feb 2005 which is much earlier than his EB3 Dec 2005. The approved I140 has the same Alien # that I received through my pending AOS case filed earlier in july 2007..
Do you recommend filing I-485 again based on August bulletin now that my PD is current.
How does processing date working in tandem with Priority Date.
What is your take on multiple I-485 filing.
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raj2007
06-13 11:25 PM
My husband is in the same position too.He is a fellow and got a job to start in 2008 july.lc dne.i 140 pending..
Can he file for i 485....ead for a future job...this has been in our head since this evening....cant wait till tomorrow morning to ask the lawyer:rolleyes:
can any1 explain this?
thanks.
CONGRATS to all to can file for i 485
Yes he can do this..
Can he file for i 485....ead for a future job...this has been in our head since this evening....cant wait till tomorrow morning to ask the lawyer:rolleyes:
can any1 explain this?
thanks.
CONGRATS to all to can file for i 485
Yes he can do this..
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mnkaushik
02-09 03:36 PM
My Lawyer said the same thing. If you say the minimum requirement for a particular job is Bachelors + 5years of exp then every person hired for that position in the past should have Bachelors + 5yrs of exp.
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kewlkrazy
01-11 07:34 PM
Hi,
I had a question about the H-1B cap. I am currently in F-1 status in
graduate school and am planning to finish my degree requirements
sometime in March/April 2007 and eventually need to be in H-1B status
to continue to work in the US.
I previously was in the H-1B status from Jan. 2001 till Sep. 2001 (9 months)
for which I was counted towards the FY2001 H-1B cap (more than 6 years ago).
In Sep. 2001, I switched to F-1 status to get a PhD and haven't been
outside the US for more than 4 weeks since then. My question is
will I be subject to the H-1B cap again, and get a new 6-year H-1B
term, if a for-profit employer files an H-1B petition for me for FY2008
?
OR
will I get the remaining 5 years and 3 months from my previous H-1B and
not be counted against the H-1B cap ?
OR
will I get the remaining 5 years and 3 months from my previous H-1B and
also be counted against the H-1B cap ?
By the H-1B cap, I am referring to the numerical annual limit of 65k+20k.
Thanks in advance for any helpful replies.
I had a question about the H-1B cap. I am currently in F-1 status in
graduate school and am planning to finish my degree requirements
sometime in March/April 2007 and eventually need to be in H-1B status
to continue to work in the US.
I previously was in the H-1B status from Jan. 2001 till Sep. 2001 (9 months)
for which I was counted towards the FY2001 H-1B cap (more than 6 years ago).
In Sep. 2001, I switched to F-1 status to get a PhD and haven't been
outside the US for more than 4 weeks since then. My question is
will I be subject to the H-1B cap again, and get a new 6-year H-1B
term, if a for-profit employer files an H-1B petition for me for FY2008
?
OR
will I get the remaining 5 years and 3 months from my previous H-1B and
not be counted against the H-1B cap ?
OR
will I get the remaining 5 years and 3 months from my previous H-1B and
also be counted against the H-1B cap ?
By the H-1B cap, I am referring to the numerical annual limit of 65k+20k.
Thanks in advance for any helpful replies.
pkrg21
08-11 07:11 PM
hi all,
what is the priority date?there is an employer who filled perm for me in october 2008 and the perm was approved.i-140 was not filled.
The employer laid me off due to bad economy. Can i still claim october 2008 as my priority date?
Thanks,
Nope. You need to have an approved I-140.
what is the priority date?there is an employer who filled perm for me in october 2008 and the perm was approved.i-140 was not filled.
The employer laid me off due to bad economy. Can i still claim october 2008 as my priority date?
Thanks,
Nope. You need to have an approved I-140.
saturn12
02-13 11:53 PM
Hello
I am a EB3 candidate I 485 filed and green card pending,priority date is January 2007.My husband is also on EAD filed I 485 together and I am the principal applicant.He wants to own a sub way franchisee with his valid EAD ,please let me know if he can take up a sub way franchisee.
Thanking you,
I am a EB3 candidate I 485 filed and green card pending,priority date is January 2007.My husband is also on EAD filed I 485 together and I am the principal applicant.He wants to own a sub way franchisee with his valid EAD ,please let me know if he can take up a sub way franchisee.
Thanking you,
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