San Francisco Regional DOL Tracker

Urgent--Please help !

I know this question is irrelevant in DOL Tracker but I could not find appropriate forum to post this question.

I came to US in 2000 on L1 and stayed here till Jan 2002. I got H1 stamped in Jan 2002 and recently got it renewed. However the new I-94 and petition I got is till Jul 2007. I was expecting that my 6 years are getting over on Jan 2006 as L1 also counts for 6 years. I am not sure how I got H1 till 2007. In this case I am not sure if I should apply for 7th year extension before Jan 2006 on basis of pending labor application.

Please advise. My lawyer is not replied to me yet and I am getting anxious.

Thanks,
inneedofgc.
 
perm or continue

gp111 said:
Finally my HQ as well as attorney got the so called "Selection Of Continuation Option Letter" ... One thing less to wait out of million !
Click to expand...

congratulations GP111.
I have not recd. my 45 day letter yet.Hopefully it shall come soon.

But right now I want your expert advice for my friend and colleague. His PD is sept 2002 and rd aug 2003.He has not recd. the 45 day letter as well. But he has a son who is 20 and going to be 21 in November 2005. His attorney says that he should go in for perm as otherwise his son might age out. He is EB3 and so cannot file 485 as it is subject to visa availabilty date. (which might become available by August and his labor could also get cleared by that time).

Do you think that it is of any advantage for him to file perm instead .
Please consider it urgent as he has to get back to lawyer in a day or two.
Thanks
:confused:
 
I saw a similar case in my company as yours.He was too on L-1 for two years or so and then moved to H-1B.Initially he got his H-1B stamped for three years and when he went for renewal, he got another three years(till 2008),which makes me believe that INS gives H-1B for 6 years without counting the years spent on L-1 before H-1.

Hope this helps...

inneedofgc said:
I know this question is irrelevant in DOL Tracker but I could not find appropriate forum to post this question.

I came to US in 2000 on L1 and stayed here till Jan 2002. I got H1 stamped in Jan 2002 and recently got it renewed. However the new I-94 and petition I got is till Jul 2007. I was expecting that my 6 years are getting over on Jan 2006 as L1 also counts for 6 years. I am not sure how I got H1 till 2007. In this case I am not sure if I should apply for 7th year extension before Jan 2006 on basis of pending labor application.

Please advise. My lawyer is not replied to me yet and I am getting anxious.

Thanks,
inneedofgc.
Click to expand...
 
Thanks for the response. I was getting anxious that am I the odd one out. Your reply has eased my anxiety.

Thanks again,
inneedofgc.

where_is_it said:
I saw a similar case in my company as yours.He was too on L-1 for two years or so and then moved to H-1B.Initially he got his H-1B stamped for three years and when he went for renewal, he got another three years(till 2008),which makes me believe that INS gives H-1B for 6 years without counting the years spent on L-1 before H-1.

Hope this helps...
Click to expand...
 
New certifications

9553319 3/24 - C - 3/15
9553839 3/31 - C - 3/15
9553840 3/31 - C - 3/15
9553841 3/31 - C - 3/15
 
alvin said:
Mine got approved today.

PD: 4/10/2002
RD at DOL: 3/31/2003
Received the Aproved LC today, the AVM still says received, though.

Not sure, if we can apply I-140 under EB2, the LC requirements are:
BS in CS or Engg. and 5 Years of experience required in Job offered.

Since the LC does not have the keywords "progressive exp" and "post bachelor" I am not sure, my case will fall under EB2.

Do you guys know if there is any advantage of applying just I-140 alone and not concurrently with I-485. any chances of faster processing ?

Just so you know, I already have a 485 pending @ NSC, but that is under EB3 with PD of 10/6/2003 and I am from India.

I will post this question in I-140 thread also to see, if I get any answers there.

Thanks, and all the best to all who are still waiting. This whole GC process is pain in the behind.

Good Luck !!
Click to expand...

What is your bachelors degree. Is it 4 years bachelors in India like engineering or any combined degrees! like 3 years bachelor plus some 1 year diploma,etc., Also do you have progressive experience after your degree!
 
dont count there mistakes for your convienence.

inneedofgc said:
I know this question is irrelevant in DOL Tracker but I could not find appropriate forum to post this question.

I came to US in 2000 on L1 and stayed here till Jan 2002. I got H1 stamped in Jan 2002 and recently got it renewed. However the new I-94 and petition I got is till Jul 2007. I was expecting that my 6 years are getting over on Jan 2006 as L1 also counts for 6 years. I am not sure how I got H1 till 2007. In this case I am not sure if I should apply for 7th year extension before Jan 2006 on basis of pending labor application.

Please advise. My lawyer is not replied to me yet and I am getting anxious.

Thanks,
inneedofgc.
Click to expand...

It is advisible to apply for extension before 6 yrs completion counting L1+H1=6yrs.(counting no breaks).

They can revoke there mistake if they find it later and you will be in trouble if it is allready passed 6yrs counting. Hence you should apply before 6 yrs counting and there is nothing wrong in indicating there mistake.( It can be a typo also).
These kind of mistakes do happen, some times they indicate less period also.
Advisible to check allways DOB,Last name,validity dates
 
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Catch 22

alvin said:
Mine got approved today.

PD: 4/10/2002
RD at DOL: 3/31/2003
Received the Aproved LC today, the AVM still says received, though.

Not sure, if we can apply I-140 under EB2, the LC requirements are:
BS in CS or Engg. and 5 Years of experience required in Job offered.

Since the LC does not have the keywords "progressive exp" and "post bachelor" I am not sure, my case will fall under EB2.

EB2= Advanced Degree = Post Graduate
Or
Advt should explicitly indicate that requirement of Advance degree or in lieu of that BS + 5yrs of progressive experience before Filing the LC. (Not on job exp)

Do you guys know if there is any advantage of applying just I-140 alone and not concurrently with I-485. any chances of faster processing ?

No, Currently processing dates are same for both (concurrent and I-140)

Just so you know, I already have a 485 pending @ NSC, but that is under EB3 with PD of 10/6/2003 and I am from India.
The Later one has better chances (PD 4/2002) in concurrent processing (8 months) but the Earlier one has better chances(PD 10/2003) if and when Visa dates becomes current in next 6 months considering now Apr 2003, since it has allready visa no is alloted.

I will post this question in I-140 thread also to see, if I get any answers there.

Thanks, and all the best to all who are still waiting. This whole GC process is pain in the behind.

Good Luck !!
Click to expand...
 
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Approvals

Case#----Cert-RD--------DOT Code--
09553857 3/15 3/31/2003 999.151-032
09553858 3/15 3/31/2003 999.292-021
09553859 Recd 3/31/2003 999.151-032
09553863 Recd 3/31/2003 999.292-071
09553864 Recd 3/31/2003 999.291-031
09553865 3/16 3/31/2003 999.151-032
09553866 3/16 3/31/2003 999.252-021
09553867 3/16 3/31/2003 999.132-011
09553868 3/16 3/31/2003 999.151-032
09553869 NOF3/16 3/31/2003 999.151-071
09553870 Recd 3/31/2003 999.151-031
09553871 3/16 3/31/2003 999.132-011
09553872 3/16 3/31/2003 999.151-031
09553873 3/16 3/31/2003 999.151-031
09553874 3/16 3/31/2003 999.151-031
 
alvin said:
not so fast. If you do a little search, you will find that BS + 5 years is considered "Advance Degree" and per one of the
USCIS memo the key word "progressive ex" and post bachelor is not really necessary on the LC. As long as you can prove that the JOB really needs an Advance Degree, that's all matters.
see this thread http://boards.immigrationportal.com/showthread.php?t=157326

and the attached Memo. There is specific example, very clear in my view.
Since, I work as a Consultant at various client locations, I don't think it's going to be too hard to prove the EB2 thingy, actually a consultant is anyways a position that needs Advance Degree per DOL and CIS.
typing in rush, so excuse the typos.
Click to expand...

Any Posting on this site are purely for informatative purposes and are not rules. Attorney's are paid to intrepret differently according to the needs of there clients.

My views and allways you can have your choice.

First congratulation for your LC

Secondly for Posting a Question as ignorantly and later giving an advise with an answer.

Understood from experienced guys that even at later stages these can be viewed at later also. EB2 requires more justification than EB3 thats why most of Attorney's take the popular EB3 routes.

First i disagree with your intrepretation the examples are only after meeting the requirements of JOB advt.

from the document read para 3
How can these Requirements be Demonstrated?
The terms, "MA," "MS," "Master's Degree or Equivalent" and "Bachelor's degree with five years of progressive experience," all equate to the educational requirements of a member of the professions holding an advanced degree.

It is also important to read the ETA-750 as a whole. In particular, if the education requirement in block 14 includes an asterisk (*) or other footnote, the information included in the note must be considered in determining whether the educational requirement, as a whole, demonstrates that an advanced degree or the equivalent is the minimum acceptable qualification for the position.

As long as the minimum requirement for the job offered is master's degree or the equivalent, the position should be found to require a member of the professions holding an advanced degree. This is true even if several variations of this requirement are stated.

Later I may agree if they consider prog 5+yrs exp=EB2 since it is to our benifit
 
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inneedofgc said:
I know this question is irrelevant in DOL Tracker but I could not find appropriate forum to post this question.

I came to US in 2000 on L1 and stayed here till Jan 2002. I got H1 stamped in Jan 2002 and recently got it renewed. However the new I-94 and petition I got is till Jul 2007. I was expecting that my 6 years are getting over on Jan 2006 as L1 also counts for 6 years. I am not sure how I got H1 till 2007. In this case I am not sure if I should apply for 7th year extension before Jan 2006 on basis of pending labor application.

Please advise. My lawyer is not replied to me yet and I am getting anxious.

Thanks,
inneedofgc.
Click to expand...

It is upto you to ensure that you haven't exceeded the 6 Yr limit. I was in the same situation 3 years ago. You should apply for the 7th year extension before the completion of your 6 year stay in US.

good luck
cadesi
 
rajhmal said:
Case#----Cert-RD--------DOT Code--
09553857 3/15 3/31/2003 999.151-032
09553858 3/15 3/31/2003 999.292-021
09553859 Recd 3/31/2003 999.151-032
09553863 Recd 3/31/2003 999.292-071
09553864 Recd 3/31/2003 999.291-031
09553865 3/16 3/31/2003 999.151-032
09553866 3/16 3/31/2003 999.252-021
09553867 3/16 3/31/2003 999.132-011
09553868 3/16 3/31/2003 999.151-032
09553869 NOF3/16 3/31/2003 999.151-071
09553870 Recd 3/31/2003 999.151-031
09553871 3/16 3/31/2003 999.132-011
09553872 3/16 3/31/2003 999.151-031
09553873 3/16 3/31/2003 999.151-031
09553874 3/16 3/31/2003 999.151-031
Click to expand...
You guys are doing a great job by posting approvals daily. Wonderful and nice to see things are moving now. Atleast 10 cases per day... I hope there are no holidays coming up :)
 
gc_dreams said:
You guys are doing a great job by posting approvals daily. Wonderful and nice to see things are moving now. Atleast 10 cases per day... I hope there are no holidays coming up :)
Click to expand...

Funny you say that, because Easter is next weekend. :-(
 
alvin said:
sorry, I didn't quite understand, I am assuming you made a typo below, the current PD for EB3 is Apr 02 and not Apr 03.

My BE (Bad english)
Later=Current=PD: 4/10/2002 Earlier=Pending485=PD:10/2003

Just so you know, I already have a 485 pending @ NSC, but that is under EB3 with PD of 10/6/2003 and I am from India.
The Later one has better chances (PD 4/2002) in concurrent processing (8 months) but the Earlier one has better chances(PD 10/2003) if and when Visa dates becomes current in next 6 months considering now processing Apr 2003,Note it has allready been issued visa no. and waiting for Dates to become current for Indian Nationals

Received the Aproved LC today, the AVM still says received, though.
anyways, so which one has better chances ?
Click to expand...
Both has equal chances with in a space of couple of months.
Since you have two LC's and Nothing bars you from trying with the both, There wont be a significant gains in period of processing times if VISA IS NOT RETROGRESSED FOR LONG TIME. The advantage is that you have one as a backup.
Good luck.
If you want we can take this offline in pvt messages so not boring readers and deviating too much from thread.
 
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