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Tuesday, June 28, 2011

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barktasobebark15

05-11 02:37 AM

We are relocating for the second time after our greencard interview while not dicision has been by the office,

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February 27th, 2005, 07:00 AM

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Change from EB3 to EB2 after filing 485 [Archive] - Immigration Voice

View Full Version : Change from EB3 to EB2 after filing 485

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dilbert_cal

09-28 09:20 PM

I'm a mechanical engineering and also have an MBA degree.
I work as a support engineer.
My lawyers tell me that I cannot apply in EB2, since my Post grad degree is unrelated to my grad degree and so does not apply to my job.

Is this true?
Can I not file in EB2?

It is better to be slow and steady and get your GC late than try to be fast and never get it ( late and fast is based on the current timelines )

If your lawyer feels it is better to go for EB3, go for EB3. Education requirements are not checked at labor stage but at I-140 stage and if you get your I-140 denied, thats a lot of hassle and trouble.

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IneedAllGreen

09-24 01:23 PM

Hi,

I would like to know that can I apply for EAD extension for me and my wife since my I-140 application was denined last year. We have already appeal for decision on I-140 application to AAO office. I am intend to get my wife's EAD extended by year end.

Thanks for your time reading this thread.

more...

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permfiling

05-18 05:42 PM

If you haven't filed I-485 yet, you cannot use AC21 as it requires I-485 to be pending for more than 180 days. It means, that you're stuck with your ex-employer for GC processing unless your new employer is willing to file new LC and I-140 for you. You can port the PD of your approved I-140 to the new one.

Once your PD becomes current, then you can file I-485.

I think you got my question differently. My ex-employer is A where I had my I140 approved . Now I am with employer B. If i want to continue with B then I have to file LC+140 with old PD but if I go back to A in same role then I have to file only 485 but my LCA is specific to location in CA .My question is wether I join A in NY and still file AOS based on old PD or not.

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conchshell

07-11 11:53 PM

I applied for the subscription, please approve my subscription

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ragz4u

04-19 09:49 AM

Guys i am new to the forum
I know its a tough one to guess but

any idea what could be
Most Optimistic Outlook for Eb2
Most pestimestic Outlook for Eb2
Median Outlook for Eb2?
thanks

I know how much the PDs mean to us, but what will this guessing achieve? In any case these are wild guesses, take one yourself and be happy with it!

IV is for trying to bring some sense to this senseless bureacratic procedure...lets all chip in to that instead of just guessing possible dates and keeping our lives on hold.

Thanks for understanding....

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immigal

12-04 12:10 PM

Please help!

My AP is pending and my H1 visa on passport has expired like 3 months back. I am on valid H1 status which is good for another 3 years till 2010. I have scheduled H1 stamping renewal interview in India. Can there be any problems in H1 visa stamping as my AP application (I131)is still pending?

Thanks,
Immigal.

more...

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martinvisalaw

07-28 11:06 AM

RFE is requesting information about Section 212 of Immigration and Nationality Act. How big of a trouble am I in?

That depends on whether you were subject to a 2-year home residence requirement because of being in J-1 status. If you were subject to this requirement, and didn't fulfill it or get a waiver, you need to do one or the other before you get permanent residence approved.

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someone14

08-28 09:58 AM

They do random inspection on applications. Some people who have no work permit are being inspected if they are working illegally and some are found to be.....even if they do not accept pay or just saying they are volunteers.....

I guess you're being inspected. If you're not working without a work permit, you should be ok.

I am not working at all. But what about Interim EAD. Can I get while waiting for FBI clearence and hold on the application

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logiclife

07-30 12:08 PM

You may want to check out the recording of the call posted on the lawyer telecon thread.

One of the last questions is about concurrent H1 and L1.

http://immigrationvoice.org/forum/showthread.php?t=1267

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jonty_11

07-11 04:19 PM

just call uscis and ask them

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gc??

11-08 09:36 AM

Do you think anyone will even mention (hopefully get solutions) the eb backlogs to the President when he is touring India? Do you think anything good might come out of it for us?

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sekasi

04-06 01:30 AM

If this doesn't win there's something fundamentally wrong with the world ; )

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fasterthanlight�

05-16 10:11 PM

Mucho.

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mrajatish

01-30 04:55 PM

I am signing up for Washington State

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jettu77

10-01 03:54 PM

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dks

11-01 07:01 AM

I think if it has been 1 year since your your LC was filed, you can get an extension based on that.

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hmehta

05-23 10:35 PM

Because if the person applying via EB based Green Card is married and if has children that many number of visas are used up when his application is approved, so even the petition was done for just 1 person, possibly, 2-3 unnecessary visas are being used up.

sathishav

02-09 10:26 AM

Isn't it strange that even though Eb3-I PD Mar 04 is not current, they opened the file and sent RFE?

My PD is Mar 2005/EB3 and I was sent an RFE in Jul 2009 since my Birth certificate has initials and not the full name.

I read somewhere, because of the backlog, they do review the cases and in some cases even "approve" them. Once the visa number is available, GC will be issued for these cases.

jaggu80

09-19 09:03 PM

I applied for H1B cap exempt physician job on june 25th with my lawyer at vermont service center( wrong center by my lawyer's mistake) and my I-94 Expired on june 30. Vermont center lost or misplaced my file till july 22nd and when we send 2nd file with premium processing they found old file and forwarded it to california center and returned new file back to us. However california center placed recieved date as 22nd july. Later on the center asked for my medical license and that 22days out of status explanation. We send my license which was issued on august 23rd and explained about that 22days out of status. Finally they denied my petition just giving the reason that my license was issued later after my initial petition was filed meaning i was not eligilble for the job when i filed and cannot consider the evidence that came after in existence........now my question is
1-) in final decision they didnot mention anything regarding that 22days out of status issue
however mentioned that i filed on july 22nd.
so when now i go to consulate in india should i mention this 22days as out of status as overstay or still i am in status because i have my fedex reciept of sending my file on june 25th and final decision came on sept 15th. Need expert opinion guys ....thank you...

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