gparr
March 14th, 2004, 09:36 PM
Lecter,
So we can conclude that resolution and focus are a little shakey?
Gayr
So we can conclude that resolution and focus are a little shakey?
Gayr
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Aah_GC
06-19 07:51 PM
If I were you, I would look for opportunities that fall in line with your GC labor. System Analyst and Project Manager don't really go well together, leave alone the SOC codes. Your PD also seems to be quite close (relatively speaking).
If anything try to negotiate your external title with your prospective employer.
Good luck, can understand your frustration.
If anything try to negotiate your external title with your prospective employer.
Good luck, can understand your frustration.
bbenhill
09-18 02:56 PM
Hi, I believe you can only use EAD and AC21 after I140 is approved and 180 days of filing I-485.
Guru(s) : Please let me know if I am mistaken but by using EAD before above conditions will abandon GC application because labor certification is being violated.
PS : I am not a lawyer/attorney. please use this information for your own risk.
Thx
Guru(s) : Please let me know if I am mistaken but by using EAD before above conditions will abandon GC application because labor certification is being violated.
PS : I am not a lawyer/attorney. please use this information for your own risk.
Thx
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lost_in_migration
05-14 07:36 PM
Thanks a lot coreIV
more...
scorpion00
10-06 02:43 PM
Hi Manish,
I hope everything goes well with you.
Did the officials call you or come to see you in person?
I hope everything goes well with you.
Did the officials call you or come to see you in person?
jbr
02-27 06:55 PM
Not sure if the conference call mentioned in the previous post has already been held. I wouldn't mind joining in future calls. Thanks.
more...
royus77
07-17 10:59 PM
The link is not working
http://www.uscis.gov/files/pressrelease/UpdateDirectFiling062107.pdf
http://www.uscis.gov/files/pressrelease/UpdateDirectFiling062107.pdf
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TexDBoy
06-07 03:36 PM
When is your last entry to US?
why r they asking for so many years back?
why r they asking for so many years back?
more...
Mumbai_girl
12-02 11:22 AM
I would very much appreciate if I could get your input in the following situation.
I have plans to travel on 7th Dec but am still waiting for my AP. The AP was aproved on 6th Nov along with my spouse's AP on the same date. He got his AP (thru lawyer) about 10 days back, but I did not receive it. Chances look bleak that I will get AP before 4th Dec (by which date I need to cancel my tickets to get a refund). However, I have a I-797 which is valid till Mar 2008. I wanted to use that to get H1 stamping in India, but when I spoke to my Lawyer, I was told that I cannot do so beacuse the 797 is expiring in 3 months.
If you have a recent experience of getting H1 stamped with your I797 expiring in a few months please do reply.
I have plans to travel on 7th Dec but am still waiting for my AP. The AP was aproved on 6th Nov along with my spouse's AP on the same date. He got his AP (thru lawyer) about 10 days back, but I did not receive it. Chances look bleak that I will get AP before 4th Dec (by which date I need to cancel my tickets to get a refund). However, I have a I-797 which is valid till Mar 2008. I wanted to use that to get H1 stamping in India, but when I spoke to my Lawyer, I was told that I cannot do so beacuse the 797 is expiring in 3 months.
If you have a recent experience of getting H1 stamped with your I797 expiring in a few months please do reply.
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javadeveloper
09-23 08:53 AM
Gurus,
Yesterday my lawyer received receipts for my spouse and kids (485/EAD/AP) but not for myself. Now my lawyer is insisting upon sending me the copies of the receipts and do not want to send me the originals. With respect to that I have following questions:
1) Is that o.k having copies only or we should have originals? If we do not
have originals what bad may happen?
2) Either my lawyer or I have not received any of my receipts but we
received all receipts of my family. Is this normal? How long should we wait
for my receipts before contacting USCIS? By the way USCIS already gave
me my all numbers for teh receipts and according to USCIS my receipts
already mailed on Sept 14th. What would be advisable action for me in
this case?
3) None of the receipts of my family contain Priority Date. PD field is blank on all receipts. Is this O.K.?
Thanks.
- BharatPremi
Man why you need reciepts?
Yesterday my lawyer received receipts for my spouse and kids (485/EAD/AP) but not for myself. Now my lawyer is insisting upon sending me the copies of the receipts and do not want to send me the originals. With respect to that I have following questions:
1) Is that o.k having copies only or we should have originals? If we do not
have originals what bad may happen?
2) Either my lawyer or I have not received any of my receipts but we
received all receipts of my family. Is this normal? How long should we wait
for my receipts before contacting USCIS? By the way USCIS already gave
me my all numbers for teh receipts and according to USCIS my receipts
already mailed on Sept 14th. What would be advisable action for me in
this case?
3) None of the receipts of my family contain Priority Date. PD field is blank on all receipts. Is this O.K.?
Thanks.
- BharatPremi
Man why you need reciepts?
more...
fcres
08-14 03:37 PM
I sent a single check of $745 just for my wifes app, my employer sent the $745 check for me , this included all including biometrics, why would they be crazy to receipt one app and reject another both within the same packet, for reason like 'improper filing fees', i am upset.
Are you sure you wrote the right amount in numbers and words and sign and date it corrrectly? I have read if the words are not right they might return it.
Are you sure you wrote the right amount in numbers and words and sign and date it corrrectly? I have read if the words are not right they might return it.
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kminkeller
03-09 04:17 PM
Thanks guys. Thanks a lot for all these information.
So for Consular processing I need to go back to my country and get it done through the Embassy right? What are the chances of getting denied? Also, what are the chances of getting your labor and I140 denied? If GOD forbid, it got denied, will my EAD still be valid and my EB3 application still be in the place? will it jeopardize my EB3 application?
Thanks.
So for Consular processing I need to go back to my country and get it done through the Embassy right? What are the chances of getting denied? Also, what are the chances of getting your labor and I140 denied? If GOD forbid, it got denied, will my EAD still be valid and my EB3 application still be in the place? will it jeopardize my EB3 application?
Thanks.
more...
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b2visahelp
07-09 03:34 PM
My parents went to request for visitor visa for a second time. They got rejected again. This time only my parents applied, without my brothers. They showed the VO a letter stating reasons why they won't immigrate to the US (have 3 sons in Indonesia, taking care of elderly parent and have business & properties in Indonesia). The letter also stated that parents only want a short duration visa just to attend my wedding. All questions VO asked was about me, that I got asylum and didn't come back. Now I really don't know what to do. Should I include a notarized letter from me stating that I will make sure my parents go back to Indonesia within the allowed time? My parents don't have the intention to immigrate but I don't know how they can convince the VO.
I would really appreciate your advice. Thank you so much!
I would really appreciate your advice. Thank you so much!
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mambarg
08-03 05:18 PM
Question 10. Should service centers or district offices deny portability cases on the sole basis that the alien has left his or her employment with the I-140 petitioner prior to the I-485 application pending for 180 days?
Answer: No. The basis for adjustment is not actual (current) employment but prospective employment. Since there is no requirement that the alien have ever been employed by the petitioner while the I-140 and/or I-485 was pending, the fact that an alien left the I-140 petitioner before the I-485 has been pending 180 days will not necessarily render the alien ineligible to port. However, in all cases an offer of employment must have been bona fide. This means that, as of the time the I-140 was filed and at the time of filing the I-485 if not filed concurrently, the I-140 petitioner must have had the intent to employ the beneficiary, and the alien must have intended to undertake the employment, upon adjustment. Adjudicators should not presume absence of such intent and may take the I-140 and supporting documents themselves as prima facie evidence of such intent, but in appropriate cases additional evidence or investigation may be appropriate.
Question 11. When is an I-140 no longer valid for porting purposes?
Answer: An I-140 is no longer valid for porting purposes when:
A. an I-140 is withdrawn before the alien�s I-485 has been pending 180 days, or
B. an I-140 is denied or revoked at any time except when it is revoked based on a withdrawal that was submitted after an I-485 has been pending for 180 days.
Question 12. Can the 180 days that an I-485 application must be pending for I-140 portability eligibility accrue during a period when visa numbers are unavailable?
Answer: Yes. The fact that a visa number becomes unavailable after the filing of the I-485 application does not stop the number of days required for I-140 portability eligibility from accruing.
Question 13. Does the alien�s priority date change as a result of porting under �106(c) of AC21?
Answer: No. The priority date continues to be determined at the time of the initial labor certification filing with the Department of Labor or at the time the initial I-140 immigrant petition is filed with USCIS (in cases where no labor certification is required).
Question 14. Must the alien have a new offer of employment at the time the I-485 is being adjudicated under the I-140 portability provisions?
Answer: Yes. The alien cannot still be looking for �same or similar� employment at the time the I-485 is being adjudicated under the adjustment portability provisions. The alien must be able to show there is a new valid offer of employment at the time the I-485 is adjudicated.
Answer: No. The basis for adjustment is not actual (current) employment but prospective employment. Since there is no requirement that the alien have ever been employed by the petitioner while the I-140 and/or I-485 was pending, the fact that an alien left the I-140 petitioner before the I-485 has been pending 180 days will not necessarily render the alien ineligible to port. However, in all cases an offer of employment must have been bona fide. This means that, as of the time the I-140 was filed and at the time of filing the I-485 if not filed concurrently, the I-140 petitioner must have had the intent to employ the beneficiary, and the alien must have intended to undertake the employment, upon adjustment. Adjudicators should not presume absence of such intent and may take the I-140 and supporting documents themselves as prima facie evidence of such intent, but in appropriate cases additional evidence or investigation may be appropriate.
Question 11. When is an I-140 no longer valid for porting purposes?
Answer: An I-140 is no longer valid for porting purposes when:
A. an I-140 is withdrawn before the alien�s I-485 has been pending 180 days, or
B. an I-140 is denied or revoked at any time except when it is revoked based on a withdrawal that was submitted after an I-485 has been pending for 180 days.
Question 12. Can the 180 days that an I-485 application must be pending for I-140 portability eligibility accrue during a period when visa numbers are unavailable?
Answer: Yes. The fact that a visa number becomes unavailable after the filing of the I-485 application does not stop the number of days required for I-140 portability eligibility from accruing.
Question 13. Does the alien�s priority date change as a result of porting under �106(c) of AC21?
Answer: No. The priority date continues to be determined at the time of the initial labor certification filing with the Department of Labor or at the time the initial I-140 immigrant petition is filed with USCIS (in cases where no labor certification is required).
Question 14. Must the alien have a new offer of employment at the time the I-485 is being adjudicated under the I-140 portability provisions?
Answer: Yes. The alien cannot still be looking for �same or similar� employment at the time the I-485 is being adjudicated under the adjustment portability provisions. The alien must be able to show there is a new valid offer of employment at the time the I-485 is adjudicated.
more...
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camberiu
06-13 12:51 PM
Hello everyone,
I am on the EB3 category and have a PD of March 19, 2002. Also, I am from a non-retrogressed country (Brazil). Would any of the wise members of this forum be willing to estimate how much longer I'd have to wait until I am concurrent? Thanks in advance.
I am on the EB3 category and have a PD of March 19, 2002. Also, I am from a non-retrogressed country (Brazil). Would any of the wise members of this forum be willing to estimate how much longer I'd have to wait until I am concurrent? Thanks in advance.
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Imigrait
09-07 02:15 PM
ok........ After thinking about it for a while, I think I have the answer now.
What zephyrr is saying is that you should be able to show that your promotion is a new job in itself and it is significantly different from the job you were doing prior to your filing for Green Card, although it might be in the same company.
What zephyrr is saying is that you should be able to show that your promotion is a new job in itself and it is significantly different from the job you were doing prior to your filing for Green Card, although it might be in the same company.
more...
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varshadas
02-17 12:43 AM
A total of 39 people were in the conference call tonight including the core members(2) and the NJ state chapter members(2). I think this was really really good. Let's continue our efforts with this energy and momentum. Thank you everyone for attending the call tonight.
I just want to go over what we discussed in the call in brief:
Goals of the state chapters
Increasing the membership
Meeting the law makers
Methods to increase membership
Take a print out of the flyer made by NJ state chapter. (Vineet, can you out this under Resources. I am unable to upload)
Distribute the flyers in the local train stations where traffic is maximum.
Distribute the flyers in the local temples.
Try to participate in local community events.
Try to get onto the local Indian/Chinese radio channels.
Try to connect with people at work and school.
Try to get stories in the local newspaper.
Any other methods can be explored by the individual state chapters.
Meet the law makers
Go to www.immigrationvoice.org
Click on Resources on the left
Click on Resources for "Meet Your Local Maker"
There are a number of things here that would help you in this.
People from the local constituency should set up an appointment with the
Congressmen. Congressmen do not talk to people outside their constituency. Once the appointment is set, not more than 3 people should go to meet the
Congressmen. Out of those 3 people, one of the persons should be the one who set up the appointment. Also, schedule the appointment with them, the way they want. For example, if they want a letter, send them a letter, if they want fax, send them fax.
For setting up the appointment, we used the following letter format provided by the core team:
************************************************** ******
Date: 01/24/2007
Dear Congressman XXXX,
I am a concerned constituent writing to you on behalf of ImmigrationVoice, a
non profit organization working to get the problems of Employment based Legal Immigration to the attention of lawmakers. I would like to request for a
meeting to discuss the problems that the legal high skilled immigrant community is facing. Employment Based Legal immigration is currently facing some of the worst waiting periods in the recent past. Applicants have to wait to finish their final phase of immigration for as many as 6-7 years because of the lack of employment based green card numbers which is also called Green Card Retrogression. The reasons for these are certain bureaucratic delays, flawed practices and procedures and arcane laws which are not in tune with reality at all.
Please also note that there are more than 350,000 Labor applications pending at the Labor department to be processed. Some of them are as old as from year 2000. These applicants are waiting for certification from the US Department of Labor as high-skilled workers who are not displacing existing American workers in the market.
Subsequent to rigorous but unfruitful recruitment efforts by our employers and other processing stages by USCIS, we still have to face prolonged wait times. It is also to be noted that most of us are already working in the U.S. for the past 5-6 years and are contributing to the U.S. economy in the form of taxes etc - some of which we do not derive any benefit from. This also hurts the businesses in your constituency like my employer because they have to wait indefinitely to hire talented applicants on a permanent basis. This is a very important issue and will determine whether the United States of America remains competitive in the fields of science and technology and retains the best talent from around the world.
ImmigrationVoice is a nonprofit organization comprised of volunteers who are
suffering due to these delays and wish to bring this important issue in front
of their lawmakers. Hence I would request an appointment so that I can explain these problems and ask for support for some of the legislative measures that have been introduced to alleviate these problems.
I look forward to hearing back from you.
Thank you.
Sincerely,
(Place holder for your signature)
Your name:
Your address:
Your email:
************************************************** ******
Once the appointment is set up, take 3 or 4 copies of the presentation and the brochure neatly clipped in a file. You will find these documents under the
heading called Materials for the meeting in Resources->Meet Your Local Maker.
If possible, take your laptop for the presentation.
Begin by introducing yourself and that you are a member of IV which is a
national non-profit organization that is working towards providing relief to
skilled legal immigrants and that there is no other organization like
immigration voice in the USA.
Talk about the good things that the Congressman has done for the community (Research in advance).
More information can be found under headings During The Meeting and Post Meeting under Meeting your Local Maker->Resources.
If anyone has any questions, please contact IV or you can contact me too at
varshadas@hotmail.com.
I just want to go over what we discussed in the call in brief:
Goals of the state chapters
Increasing the membership
Meeting the law makers
Methods to increase membership
Take a print out of the flyer made by NJ state chapter. (Vineet, can you out this under Resources. I am unable to upload)
Distribute the flyers in the local train stations where traffic is maximum.
Distribute the flyers in the local temples.
Try to participate in local community events.
Try to get onto the local Indian/Chinese radio channels.
Try to connect with people at work and school.
Try to get stories in the local newspaper.
Any other methods can be explored by the individual state chapters.
Meet the law makers
Go to www.immigrationvoice.org
Click on Resources on the left
Click on Resources for "Meet Your Local Maker"
There are a number of things here that would help you in this.
People from the local constituency should set up an appointment with the
Congressmen. Congressmen do not talk to people outside their constituency. Once the appointment is set, not more than 3 people should go to meet the
Congressmen. Out of those 3 people, one of the persons should be the one who set up the appointment. Also, schedule the appointment with them, the way they want. For example, if they want a letter, send them a letter, if they want fax, send them fax.
For setting up the appointment, we used the following letter format provided by the core team:
************************************************** ******
Date: 01/24/2007
Dear Congressman XXXX,
I am a concerned constituent writing to you on behalf of ImmigrationVoice, a
non profit organization working to get the problems of Employment based Legal Immigration to the attention of lawmakers. I would like to request for a
meeting to discuss the problems that the legal high skilled immigrant community is facing. Employment Based Legal immigration is currently facing some of the worst waiting periods in the recent past. Applicants have to wait to finish their final phase of immigration for as many as 6-7 years because of the lack of employment based green card numbers which is also called Green Card Retrogression. The reasons for these are certain bureaucratic delays, flawed practices and procedures and arcane laws which are not in tune with reality at all.
Please also note that there are more than 350,000 Labor applications pending at the Labor department to be processed. Some of them are as old as from year 2000. These applicants are waiting for certification from the US Department of Labor as high-skilled workers who are not displacing existing American workers in the market.
Subsequent to rigorous but unfruitful recruitment efforts by our employers and other processing stages by USCIS, we still have to face prolonged wait times. It is also to be noted that most of us are already working in the U.S. for the past 5-6 years and are contributing to the U.S. economy in the form of taxes etc - some of which we do not derive any benefit from. This also hurts the businesses in your constituency like my employer because they have to wait indefinitely to hire talented applicants on a permanent basis. This is a very important issue and will determine whether the United States of America remains competitive in the fields of science and technology and retains the best talent from around the world.
ImmigrationVoice is a nonprofit organization comprised of volunteers who are
suffering due to these delays and wish to bring this important issue in front
of their lawmakers. Hence I would request an appointment so that I can explain these problems and ask for support for some of the legislative measures that have been introduced to alleviate these problems.
I look forward to hearing back from you.
Thank you.
Sincerely,
(Place holder for your signature)
Your name:
Your address:
Your email:
************************************************** ******
Once the appointment is set up, take 3 or 4 copies of the presentation and the brochure neatly clipped in a file. You will find these documents under the
heading called Materials for the meeting in Resources->Meet Your Local Maker.
If possible, take your laptop for the presentation.
Begin by introducing yourself and that you are a member of IV which is a
national non-profit organization that is working towards providing relief to
skilled legal immigrants and that there is no other organization like
immigration voice in the USA.
Talk about the good things that the Congressman has done for the community (Research in advance).
More information can be found under headings During The Meeting and Post Meeting under Meeting your Local Maker->Resources.
If anyone has any questions, please contact IV or you can contact me too at
varshadas@hotmail.com.
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tabletpc
12-15 11:54 AM
Atul555:
Cool down. Nothing to be warried. Since you are married, 485 is not of much help. So you should think of maintaining h1b in order to keep your wife status h4.
1. With cool mind start applying for jobs, increase network. To be on safer side. find a good consultant. Ping me if you need help in finding a good consulatant. Yes when say good consualtant..he is good...!!!!
you still have 4 months time. SO cheer up.
My 2 cents..don't think of using EAD & keeping u r wife on foloow to join blah blah....!!!!
Also if you change your job , your GC journey you had so far will not get wasted. You don't have to file Labour/i-40 again. Make sure the new job is same or similiar. Discuss with your potential employer, they will help you.
Whats your area of work..??Are you into IT...????
My company is surplussing me among other employees to be laid off around Apr 2009.
My case is as follows:
Case EB3 India
PD Mar 2004
Labor and I-140 approved
I-485 filed during Jun-Jul 2007 rush, FP done, waiting for PD to become current
Right now I am working on H1-B extension, and to make things complicated, I got married in Jul 2008 and brought spouse on H4.
I am not sure which avenue is the best for me, I would appreciate your input.
Thanks,
Cool down. Nothing to be warried. Since you are married, 485 is not of much help. So you should think of maintaining h1b in order to keep your wife status h4.
1. With cool mind start applying for jobs, increase network. To be on safer side. find a good consultant. Ping me if you need help in finding a good consulatant. Yes when say good consualtant..he is good...!!!!
you still have 4 months time. SO cheer up.
My 2 cents..don't think of using EAD & keeping u r wife on foloow to join blah blah....!!!!
Also if you change your job , your GC journey you had so far will not get wasted. You don't have to file Labour/i-40 again. Make sure the new job is same or similiar. Discuss with your potential employer, they will help you.
Whats your area of work..??Are you into IT...????
My company is surplussing me among other employees to be laid off around Apr 2009.
My case is as follows:
Case EB3 India
PD Mar 2004
Labor and I-140 approved
I-485 filed during Jun-Jul 2007 rush, FP done, waiting for PD to become current
Right now I am working on H1-B extension, and to make things complicated, I got married in Jul 2008 and brought spouse on H4.
I am not sure which avenue is the best for me, I would appreciate your input.
Thanks,
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trance
07-20 09:38 PM
Hey Dealsboy & Pagal,
Thanks a lot for your input. I really appreciate it.
Its a tough decision that has to be made.
Considering the fact that my wife is in the dental field and will complete her dentistry here in the US (Which is considered a graduate level Program) i was thinking may be she can apply in the EB2 category.
Do attorneys have any thoughts on this?
Thanks,
Trance
Thanks a lot for your input. I really appreciate it.
Its a tough decision that has to be made.
Considering the fact that my wife is in the dental field and will complete her dentistry here in the US (Which is considered a graduate level Program) i was thinking may be she can apply in the EB2 category.
Do attorneys have any thoughts on this?
Thanks,
Trance
srikondoji
01-28 04:38 PM
I don't think Americans are that short sighted or narrow minded to want to steal your social security money. I know, i read a lot of press releases on how their social security is in a mess. They will fix it. I have no doubt about it.
Who thought India would be in such a limelight and then go on to be economic power before year 2000?
In a short span of 6-7 years the whole world changed. Coming to social security, by the time you will be in need of Social security, it will be decades and that is lot of time for a change. Who knows, we may be even taking a flight to Mars or worse 'nuked'.
Just be positive and drink a high gravity beer.
Yeah right... he wants your brain, but does not want your body. Got it? :rolleyes:
In case you did not, Americans only want you to come to work for them and then you will need to leave... so that they do not have to pay your social security down the road. Isn't that a good deal?
Who thought India would be in such a limelight and then go on to be economic power before year 2000?
In a short span of 6-7 years the whole world changed. Coming to social security, by the time you will be in need of Social security, it will be decades and that is lot of time for a change. Who knows, we may be even taking a flight to Mars or worse 'nuked'.
Just be positive and drink a high gravity beer.
Yeah right... he wants your brain, but does not want your body. Got it? :rolleyes:
In case you did not, Americans only want you to come to work for them and then you will need to leave... so that they do not have to pay your social security down the road. Isn't that a good deal?
NKR
03-17 01:02 PM
I have a priority date of March 2004 (EB2 India) and I am still waiting for my Green Card. I think majority of the 2004 filers are in the same boat except for a lucky few who were able to get the green card after the July fiasco.
Good Luck!!
I agree. Remember there were two backlog elimination centers and the processing from Philly center was slow. So a person with a later 2004 EB2 PD application and whose LC was cleared from Dallas must have got his GC where as someone with an earlier PD was stuck in Philly. Most of the Dallas guys got their GC around that time.
Good Luck!!
I agree. Remember there were two backlog elimination centers and the processing from Philly center was slow. So a person with a later 2004 EB2 PD application and whose LC was cleared from Dallas must have got his GC where as someone with an earlier PD was stuck in Philly. Most of the Dallas guys got their GC around that time.
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