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  • meridiani.planum
    04-21 05:09 PM
    Hi,

    I am working in US on L1 and my company would start my green card filling in next few months.

    I also have valid H1B pettion stamped and can switch to H1B which would mean that I can work freely here at US.

    But many of my friends told me that green card processing is faster on L1.

    I am not able to make decision whether I should continue working on L1 or change my status to H1 to get better hike and more opportunity.

    Pls can anyone tell me which would be wise choice. Is green card processing for L1 visa is faster?

    Thanks in advance.

    ~Greeta

    GC in L1 is not faster than H1. Its just that L1-As are typically multinational managers who qualify for EB1, and H1s typically are engineers/worker-bees who qualify for the longer EB2/EB3 Process. So first find out what your category is going to be, EB1 or one of the other two.
    If you qualify for EB1, your GC process will be fast (~6 months), if its EB2 or EB3, hunker down for a long (5?10 years?) wait. This is irrespective of whether you are in L1 Or H1.

    advantages of H1
    - can be extended indefinately past 6 years in 1-3 year increments; once you have a GC going (LC >365 days old or I-140 approved).
    - can change employers in the US.

    advantages of L1
    - if your spouse is on L2, he/she can get an EAD and work.

    so main issues with your current status of L1:
    - If you have not filed your 485 within your L1 time, you need to change status to something else or return to home country. You cant get the extensions that you can get with H1.
    - if you lose your job, if you already had an H1 In the past you can move to that status, otherwise you need to go to home country and then get lucky in next years lottery.
    - there are no salary restrictions, so the employer can potentially legally underpay you. With H1 you must atleast be paid the prevailing wage.

    So unless you have a spouse that is currently on an L2-EAD, I would think moving to H1 makes more sense. (time in L1 counts agianst your time for H1 and vice-versa)




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  • seekerofpeace
    09-13 09:38 AM
    Folks,
    I am really amazed to see the verbal war of words between these two artificially created groups aka the lines of "Divide and Rule" policy by the erstwhile masters of our country...

    I can understand the feelings but the profanity and the language used won't lead us anywhere.

    Frustration is the only common thing among the EBI applicants...some more some less...

    I know of a lot of EB2s like me who came to this country for higher studies more than a decade back and got delayed in filing for their residency and had to suffer...While many who came with a job here and filed using EB3 then, have their parents as residents now....

    Why is there no anger towards the many L1 managers who get residency through EB1.without much educational qualifications and forget about national interest waiver...I know a few, who came in 2006 and are residents within a year or so....

    I also saw many of my friends through unfair labor substitutions got ahead of me unfairly and are now citizens...

    Bottomline is people won't apply in a particular category unless they think it is best in their interests...In this economy most companies are tightening their purse.....it is a common fact that 90% of EB I applicants are software engineers.the demand of which will wane over the years in the immediate future and next generation technology demand will increase aka green and biotech....and much water has flowed in Mississipi since the days of Y2K when even people with fraud degrees and vague backgrounds came here and flourished......

    The infighting reminds me of the crab story in which of all the baskets of various sea animals/fishes in a fish market the only basket whose lid was open was one with crabs...a buyer when enquired the uniqueness of that crab basket was promptly told by the seller that in this basket if any crab wants to go out and be free all the other crabs will join and pull it back to the basket so I don't have to worry.......

    Let's not be these crabs....I am sure there exists common grounds in IV otherwise if this continues I am sure there will be a vertical split in IV...between EB2 and EBI..and ROW will laugh at us.........

    SoP




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  • chennai
    07-11 05:05 PM
    I would suggest you push your application for premium processing for I-140 so that it would be approved in 30 days time now. Because you are in the 6th year of H1 you can do it. So in 30 days if you have 140 approved then you would know whether your priorty date is recaptured then go for I485 before 08-08-08 Sep bulletin date?




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  • Hewa
    10-13 02:54 PM
    Be decent. Look good.

    I've been there with a shirt and jeans, sometime shirt and trouser.
    But never a tie.



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  • Becks
    02-23 09:45 PM
    I think once the application is processed, they will mark the case as "pending visa number availability". July 30 means, they must have processed(hopefully) half of the July fiasco filers. We can expect LUDs on the cases.

    If PD is not current, will USCIS process your I-485 application?

    NSC indicates that they are processing I-485 applications with notice date of July 30, 3007. Does it mean they have processed all the I-485 applications received (ND) prior to that date even if PD was not current for all those applications?




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  • CHHAYA
    02-25 11:00 AM
    we actually have our i-140 pending (its been 2 months since filling) and also when we filed the tax return they gave a number similar to ssn. with this as my legal status can i ask for a social security number..?

    To get SS you need valid EAD.



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  • nashim
    10-14 03:49 PM
    You can not return into USA using expired AP. In order to use new AP which you have already applied. It should be approved before you leave USA.

    Other option you have H1B stamping if you are maintaining H1B. thanks




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  • meridiani.planum
    11-21 12:07 AM
    You are from ROW....here are some things to consider....

    Is your new employer filing your GC under EB-2? If the answer is yes, then you should definately take the new job and re-file GC and not worry about your EB-3 perm that is pending.

    If your new employer is going to file under EB-3, then you have to evaluate which job is better for you (as far as pay, position etc.). If you think the new job is much better than what you have now, then I think you should still go for it. Your PD is very recent and a PD of Aug 2007 and a PD of (say) Feb/Mar 2008 has approximately the same value (according to me).

    You have a valid H-1B until June 2009 and since you will apply for your perm LC before June 2008, you are eligible for atleast 1 year H-1B renewals.

    Hope this helps. Good luck.

    I second this. In fact I would say if you are ROW-EB3, see how you can find a job that allows you to file your GC in EB2. Even if you dont like the job. You will need to stick to it maybe an year or two and then you'll have your GC and will be all set!



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  • diptam
    08-13 10:56 AM
    Given the Current receipting situation at NSC this sounds like a Dream story and definitely an exception. By the way - whoever got this and enjoying FIFO i would want to Congratulate him/her - I'm very happy for that chap.

    But just few stray good cases can't make me say that CIS following FIFO :D

    Congratulations but I was wondering if you are more an exception then a rule...:confused:




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  • akilaakka
    07-11 02:10 PM
    My EAD and AP application was received June 19, 2009 at TSC. To my pleasant shocking & surprise USCIS approved mine and wife's application in 20 days and we received the card today.

    We are happy with the speed and efficiency USCIS and wish they could do everything the same way. we received two year EAD but concerned as receiving a two year EAD indicates that it may take a while to get my PD (Dec 2005).

    Thanks
    Senthil.



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  • acecupid
    04-01 10:50 AM
    I am looking for some serious help and advice here , I hate to see any non-immigrant in US in my circumstances .Here some information about it , My company has sponsored my work visa , soon I entered into they customs and Immigration there is some mistake with my paper work , and they charged me and later deported me .In the middle we came to know the company has sponsored some other people B/J visas for their own benefits and officers acted so racially .when i got deported they never issued my passport back , I keep on calling them now , they always say , They can't hear , some times they mention call after 5 mins , 1hr .I am so vexed with all they do , I felt so victim in this . Please advice me can i get my passport back, and my case is in pending appeal , before I got deported

    At the POE, did immigration understand which language you were speaking ? No wonder they deported you. Btw, I think you are fake !




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  • abhijitp
    01-29 01:11 PM
    you are awesome

    NP, thanks for bumping this up.... I won't be spending any more time "bumping up" as guys who live and work around Fremont have heard this loud & clear by now...

    Fremont BART station, 5 pm to 7 pm every weekday beginning today... BE THERE!!!



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  • delax
    08-03 01:08 PM
    I remember very clearly from last year that NOT having an A# on your approved I-140 is not a problem - Sheela Murthy was very clear about this on her calls for her clients. The 485 receipt though should have an A#.
    FP is a different story. You have to get it done for 485 approval.

    Disclaimer: My approved I-140 has an A# that matches the A# on the 485 receipt




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  • perm2gc
    11-04 12:03 AM
    Here's my exact situation:

    - My employer is company A
    - I am assigned by Company A to Company B (corp-to-corp)
    - Company B assigned me to Client X

    - I want to move to Company Z
    - Company Z would assign me to the same Client X

    My non-compete clause says something like... Employee(I) cannot work to client of Company A within 1 year of leaving Company A

    Now, is client X considered as client of company A? I'm thinking that company B is the client of company A. Thus, it should be okay if I move to company Z and be assigned to client X.

    Any thoughts?


    you are confusing....


    What i understand is that you want to work for the current client with different consulting company than the one you are currently working..you cannot do it as NCA will cover it .

    if You want you can fight..its upto you..Consult a good Attorny as our friends here have mentioned..



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  • tnite
    09-30 02:21 PM
    Can you please tell us what the RFE was about....Did you use AC21.

    Me and my spouse both have RFE....so i dont know what to expect. And I have used AC21 and changed jobs....I am just hoping it is not related to this.

    The RFE was for my I20's and OPT EAD card and Marriage certificate.




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  • ImmiLosers
    09-26 12:22 AM
    1)Incase my 485 application gets denied, can I start the process again and use the PD of my current application?

    2) Can I move to and start the GC process with another company and use the current PD (I140 approved, 180 days passed), even if my current company revokes I140 and my Job description is very different --- I'm assuming yes.

    3) What if I leave the country and come back after 2-3 years and reapply. Can I reuse the PD of my current application?

    I was told by a friend that the priority date is mine forever since my I140 is approved. Is that correct?

    Thanks

    YES YES YES - go ahead screw your smalltime employer



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  • pappu
    02-09 07:40 AM
    E-mail Matthai Chakko Kuruvila at mkuruvila@sfchronicle.com




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  • saileshdude
    09-04 11:37 AM
    You can work on h1b - you will get H1b based on existing approved 140 and pending 485.

    If 140 is revoked by employer you may get a RFE or NOID or in rare cases erroneous denial but you can continue on h1b while you respond to RFE or NOID oor through MTR to erroneous denial.

    Sending AC21 docs does not necessarily mean you may not get NOID - AC21 docs seldom go into your file.


    This is yet another inefficiency on their part. When it comes to AC21 your file does not even get updated even though you may have attached I-485 receipt along with AC21 filing. But when the employer revokes I-140 they don't forget to send you NOID or even I-485 denial.




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  • getgreensoon1
    01-26 02:57 PM
    2 people from Andhra get into top positions in IIT exams. 1600 people get caught going to fake universities in the US. That is a disgrace. People fron Andhra show desperation in the US and affect the diginity of every Indian in the US.




    aksaharan
    10-14 06:02 PM
    I believe this has been going on for last year or so, with no outcome yet..

    Unified Agenda and Regulatory Plan Search Results (http://www.reginfo.gov/public/servlet/ForwardServlet?SearchTarget=Agenda&textfield=1615-AB82)

    Lets hope they do it this time.




    optimystic
    03-19 06:01 PM
    May be this is the general process, but I know of a case with RD in June last week and PD in 2003 Mar got approved last Nov/Dec area. It is an EB3 India case.

    gccube are you EB3 -I as well?

    "
    FBI Namecheck -- Cleared (02/01/2008)
    FP -- Cleared "

    How did you find out the status of your namecheck and FP?



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