Sachin_Stock
07-31 02:50 PM
Sorry but you guys seem to forget the fact that there were very few 2001, 2002 filers.
I dont know about 2003.
I dont know about 2003.
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go_guy123
03-19 08:55 AM
That law is unconstitutional. INA doesnt say that everyone born in United States is a citizen. Even the Constitution says that. To deny birth-right citizenship to anyone (children of legal or illegal residents) would require constitutional amendment.
Constitutional amendment is not a joke. This bill is a rhetorical statement, not an intent to legislate it.
That is true...it purly show of politics. US Constitutional amendment
is extremely difficult.
Constitutional amendment is not a joke. This bill is a rhetorical statement, not an intent to legislate it.
That is true...it purly show of politics. US Constitutional amendment
is extremely difficult.
GCNaseeb
11-04 10:46 AM
Initially my last name was misspelled on my I-485, I-131 and I-765 Receipt Notices. My Attorney sent a letter to USCIS informing the typo to correct it. USCIS sent me the letter saying that the typo error has been attached to my case. When I called USCIS for my FP Notice last week, I mentioned the IO that my Last Name is mis-spelled. But the IO instead of correcting it just on my case , he changed on all other 3 derivative cases with the same mispelled Last Name. Our FP is scheduled next friday. Now we have all our FP Notices with misspelled Last Name. I am going to call USCIS tomorrow. Also I read in other thread that, you don't need any tracking number for your FP. Here's the thread:
http://immigrationvoice.org/forum/showthread.php?t=13522
http://immigrationvoice.org/forum/showthread.php?t=13522
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pool_abab
06-16 06:07 PM
Receipt date 5/13 WAC receipt
Card production ordered : 6/16
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Nole2007
10-02 03:45 PM
I got the recipt notices in mail. When I check the status online i get "validation error" message. Dont understand why the system is not pulling my application details for 485, EAD and AP. Mine is NSC and recipt notice starts with LIN:mad:
mps
08-15 05:00 PM
:p You just killed spirit of "AC21"
:D Now you may want to add that - USCIS should request proof of employement each year from anyone who gets GC in EB category right !
I noticed a flaw in GC process with respect to �Ability to pay� and �AC21�
Here are the definitions
Ability to pay - Suppose a company files for I-140, it has to prove its ability to pay the proffered wage to the beneficiary.
AC21 states that an employee can change jobs to a similar position if I-485 is pending for more than 180 days. This could happen when I-485 is pending for more than 180 days or after its approval.
Let�s consider the following scenario
1) Company A files for I-140 and I-485 concurrently and proves its ability to pay the proffered wage to the beneficiary at I-140 stage.
2) I-140 gets approved and I-485 is pending for more than 180 days.
3) The employee quits employer A and remains idle (or) becomes self employed (or) joins employer B in a different position.
4) During the I-485 adjudication he provides an offer letter from employer C with similar roles, responsibilities and wage as the proposed GC position with Company A and says that he intends to work with employer C after I-485 approval.
5) I-485 gets approved.
Here is the flaw. USCIS doesn�t check if employer C has the ability to pay the proffered wage to the beneficiary. All it asks for is an offer letter with wage, duties and annual salary.
What if company C is running in loss and not in a position to pay the proffered wage.
Why should USCIS make a big deal out of ability to pay when it�s not checked across all employers where the beneficiary intends to work?
:D Now you may want to add that - USCIS should request proof of employement each year from anyone who gets GC in EB category right !
I noticed a flaw in GC process with respect to �Ability to pay� and �AC21�
Here are the definitions
Ability to pay - Suppose a company files for I-140, it has to prove its ability to pay the proffered wage to the beneficiary.
AC21 states that an employee can change jobs to a similar position if I-485 is pending for more than 180 days. This could happen when I-485 is pending for more than 180 days or after its approval.
Let�s consider the following scenario
1) Company A files for I-140 and I-485 concurrently and proves its ability to pay the proffered wage to the beneficiary at I-140 stage.
2) I-140 gets approved and I-485 is pending for more than 180 days.
3) The employee quits employer A and remains idle (or) becomes self employed (or) joins employer B in a different position.
4) During the I-485 adjudication he provides an offer letter from employer C with similar roles, responsibilities and wage as the proposed GC position with Company A and says that he intends to work with employer C after I-485 approval.
5) I-485 gets approved.
Here is the flaw. USCIS doesn�t check if employer C has the ability to pay the proffered wage to the beneficiary. All it asks for is an offer letter with wage, duties and annual salary.
What if company C is running in loss and not in a position to pay the proffered wage.
Why should USCIS make a big deal out of ability to pay when it�s not checked across all employers where the beneficiary intends to work?
more...
Ann Ruben
03-29 08:06 PM
Yes, if the I-140 has been approved, your brother is entitled to use the 2007 PD on any subsequent I-140.
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iq5203
01-20 07:10 PM
In COBRA, you would have to pay the *entire* insurance cost from your pocket. It may comes out $500-$1000 to be a month per person depending on the state and coverage. Unless you have a known condition that makes you very risky, it is usually too expensive to carry forth.
Note by the way, the catch of some individual insurances (not COBRA). Other than being costlier, many of them consider each period as a "new" enrollment (even if you are getting the same insurance from the same company), and therefore, they will declare anything that was found in the previous period as "pre-existing" in the new period and deny coverage.
Read fine prints very carefully.
According to federal law, if you've had coverage for 6 months prior to changing your coverage to the new insurance, they can't refuse to cover pre existing conditions. They may try, I just had to fight this out with CIGNA. They lost. However if you let your coverage lapse, you can get hit with this.
Note by the way, the catch of some individual insurances (not COBRA). Other than being costlier, many of them consider each period as a "new" enrollment (even if you are getting the same insurance from the same company), and therefore, they will declare anything that was found in the previous period as "pre-existing" in the new period and deny coverage.
Read fine prints very carefully.
According to federal law, if you've had coverage for 6 months prior to changing your coverage to the new insurance, they can't refuse to cover pre existing conditions. They may try, I just had to fight this out with CIGNA. They lost. However if you let your coverage lapse, you can get hit with this.
more...
GCBy3000
04-17 10:39 AM
yes, GC is for future job. But if you are working with the employer while the GC in process, it is hard to substantiate that you are doing similar job in Team lead and in Manager position. There are job codes http://online.onetcenter.org/. These are the guidelines followed by USCIS. Any employer will not allow this to happen as an audit will cause this employer to be on blacklist with USCIS.
You can take any job and role until you adjucate 485. Once your adjucate the 485, you have to come back to the role defined in your LPR and stay there for a while. There is not strict guildeline for the timeframe on how long you have to do the current role once your have your GC. My company attorney recommends 6months to a year. After this, you are safe. Nothing will be a problem if you do not follow these guidelines until you go for naturalization(citizenship).
You can take any job and role until you adjucate 485. Once your adjucate the 485, you have to come back to the role defined in your LPR and stay there for a while. There is not strict guildeline for the timeframe on how long you have to do the current role once your have your GC. My company attorney recommends 6months to a year. After this, you are safe. Nothing will be a problem if you do not follow these guidelines until you go for naturalization(citizenship).
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prem_goel
11-22 10:11 PM
Hi, is anyone planning for H1b stamping at Tijuana mexico on 30th November. If so, please contact and we shall plan together. I am in LA area. Thanks!
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gotgc?
02-04 09:52 AM
My wife was allowed to travel on BA when she went from US to India. But when we were returning to US, the ticketing agent in India would not issue bording pass because Canadian PR can only be used if you are travelling to Canada and NOT to USA. The ticketing manager even called someone in London Airport to get the confirmation and after that they just denied my request even after showing the document that says Canada PR issues after Apr 2005 does not require transit visa.
I would say, get the visa to be on the safeside so that there will not be any troubles in the last minute.
Thanks deba and kk_kk...for sharing your expereince...based on what you guys say, the cheap deal i get with BA is not worth taking this risk. I am giving up on London transit..i will take Lufthansa or pacific route....thanks a lot again....
I would say, get the visa to be on the safeside so that there will not be any troubles in the last minute.
Thanks deba and kk_kk...for sharing your expereince...based on what you guys say, the cheap deal i get with BA is not worth taking this risk. I am giving up on London transit..i will take Lufthansa or pacific route....thanks a lot again....
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bang
01-09 06:41 AM
Because this is the case where it is not clear if the H-1B was applied for before or after oct 2006 and if the H-4 was in H-1 status ever before.
We had applied in July 2006, last few days before the Quota got closed, she completed her Masters in July as well. For some reason it took all this while to get an approval even when converted to Premium in October, they sent a RFE for my H1 & paystubs later took for ever to acknowledge th erecieval and then fianlly approval, as i mentioned we are still waiting to see the approval document to make sure there is a I94 attached.
We had applied in July 2006, last few days before the Quota got closed, she completed her Masters in July as well. For some reason it took all this while to get an approval even when converted to Premium in October, they sent a RFE for my H1 & paystubs later took for ever to acknowledge th erecieval and then fianlly approval, as i mentioned we are still waiting to see the approval document to make sure there is a I94 attached.
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ash27
07-15 11:36 PM
Do you guys see any issues if I-94 is expired but I-485 application is pending and the petitioner is working on EAD? Any thoughts will be appreciated. Thanks,
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Milind123
07-26 12:02 PM
USCIS - Direct Filing Addresses for Form I-485, Application to Register Permanent Residence or Adjust Status (12/03/09 N version) (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=eb7b5cdc2c463110VgnVCM1000004718190aRCR D&vgnextchannel=fe529c7755cb9010VgnVCM10000045f3d6a1 RCRD)
USCIS Phoenix or Dallas Lockbox, based on where you live.
I think this box is applicable to you
Based on a pending or approved Form I-140, Immigrant Petition for Alien Worker. (Note: You cannot concurrently file form I-485 and form I-140 at a USCIS Lockbox facility at this time. Refer to the Filing Instructions on Form I-140 if you want to file the forms concurrently.)
(You must include a copy of the Form I-797C Notice of Action, showing that your Form I-140 was accepted or approved.)
Please note the addresses were revised fairly recently (12/03/2009). Your lawyer may not be aware of that.
USCIS Phoenix or Dallas Lockbox, based on where you live.
I think this box is applicable to you
Based on a pending or approved Form I-140, Immigrant Petition for Alien Worker. (Note: You cannot concurrently file form I-485 and form I-140 at a USCIS Lockbox facility at this time. Refer to the Filing Instructions on Form I-140 if you want to file the forms concurrently.)
(You must include a copy of the Form I-797C Notice of Action, showing that your Form I-140 was accepted or approved.)
Please note the addresses were revised fairly recently (12/03/2009). Your lawyer may not be aware of that.
more...
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satishku_2000
10-05 07:03 PM
"How big of a risk would it be to file on EB2? If they reject me for EB2, would it hurt my chances on applying again on EB3? How much time would I lose in case of a rejection?"
Your PD being what it is ..I dont think it really matters in terms of time whether its EB2 or EB3. Honestly I think the best bet is to have an approved 140 ASAP.
Your date becoming current anytime without congressional action is very rare. But Lets assume there is a congressional action and you have a problem with your 140 .. your petition cannot be approved even though your date becomes current. Another important thing to consider is A2P at 140 stage, it depends on your company's size , profitability ...
One can present a contradictory argument much more eloquently too.
You have to keep in my mind that "there is no premium processing available for 140 now".
Convetional wisdom of my attorney is that dont attract unnecessary scrutiny, so far he has been proven right in my case ....
Good luck with your journey .. you have a pretty long road ahead of ya
Your PD being what it is ..I dont think it really matters in terms of time whether its EB2 or EB3. Honestly I think the best bet is to have an approved 140 ASAP.
Your date becoming current anytime without congressional action is very rare. But Lets assume there is a congressional action and you have a problem with your 140 .. your petition cannot be approved even though your date becomes current. Another important thing to consider is A2P at 140 stage, it depends on your company's size , profitability ...
One can present a contradictory argument much more eloquently too.
You have to keep in my mind that "there is no premium processing available for 140 now".
Convetional wisdom of my attorney is that dont attract unnecessary scrutiny, so far he has been proven right in my case ....
Good luck with your journey .. you have a pretty long road ahead of ya
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greenguru
03-31 03:26 PM
Yes. I applied for EB2 again in Jan 2009 and ported from EB3 to EB2.
So that is why it took me so long
So that is why it took me so long
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kandhu
08-14 05:34 PM
Congrats Wandmaker!
Hope you will continue to Visit IV and help the community with your vast immigration knowledge.
Hope you will continue to Visit IV and help the community with your vast immigration knowledge.
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pranavgandhi
07-16 12:59 PM
IF the position needs Master's+ and applicant has a MS+ degree, then USCIS automatically classifies the I-140 as EB2, as the law clearly states this.
If the position requires (BS+5yrs)+ and the applicant meets this, it will NOT automatically be put into EB2. Employer must ask for the "exceptional ability" provision of the law to get EB2.
Is there offered salary criteria associated with this category?
If the position requires (BS+5yrs)+ and the applicant meets this, it will NOT automatically be put into EB2. Employer must ask for the "exceptional ability" provision of the law to get EB2.
Is there offered salary criteria associated with this category?
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newuser
07-22 08:00 PM
My five stars. Also e-mailes to friends and colleagues to watch and rate the video
fide_champ
03-28 05:59 PM
Based on the information, it seems like the consulate is not convinced about the employment or the client letter was not sufficient to prove the employment. You might have to seek help from lawyer sheela murthy to find out what the US consular is looking for in a client letter.
I wouldn't suggest a visitor visa as it might signal other intentions. They probably are aware that you can apply change of status(I-539) from B2 to H4. Consult lawyer murthy and try the H4 once again.
I wouldn't suggest a visitor visa as it might signal other intentions. They probably are aware that you can apply change of status(I-539) from B2 to H4. Consult lawyer murthy and try the H4 once again.
rustamehind
08-03 05:06 PM
Hello,
I am working on H1B and filed for my extention in Mar 2007. My original H1B expired in Jun 2007 and filed for EAD/AP/485 on Jul 22 2007. Today my employer received that h1b extension got denied. He got a RFE in may 2007 to which he replied.
What are my options now? Can I stay here now? Can I work now? Can another employer file for my h1 extension now?
Please help.
Thank you.
You can always file Motion to open the denied case.You also need to go through the reasons for denial , which you will be knowing soon in USCIS response.Without knowing the reason for denial , it will be pure speculation suggesting future course of action.You can continue to work untill your case is being adjudicated.
I am working on H1B and filed for my extention in Mar 2007. My original H1B expired in Jun 2007 and filed for EAD/AP/485 on Jul 22 2007. Today my employer received that h1b extension got denied. He got a RFE in may 2007 to which he replied.
What are my options now? Can I stay here now? Can I work now? Can another employer file for my h1 extension now?
Please help.
Thank you.
You can always file Motion to open the denied case.You also need to go through the reasons for denial , which you will be knowing soon in USCIS response.Without knowing the reason for denial , it will be pure speculation suggesting future course of action.You can continue to work untill your case is being adjudicated.
