eb3_nepa
05-14 09:55 AM
Maybe IV should Link to each new VB and put it on the home page ;) This will avoid 4 threads being created each time a VB is out!:p
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radhay
05-15 12:13 PM
I think there can be only one AOS pending however you should be able to replace underlying 140 with another. Not sure how to go about.
Thanks for your reply.
My understanding is there can be only one AOS at any time.
- So if the AOS is applied based on the EB3 140, can another AOS be filed based on EB2?
- If a AOS has been applied based on EB3, can it be "upgraded" to EB2 ??
Thanks.
Thanks for your reply.
My understanding is there can be only one AOS at any time.
- So if the AOS is applied based on the EB3 140, can another AOS be filed based on EB2?
- If a AOS has been applied based on EB3, can it be "upgraded" to EB2 ??
Thanks.
Soul
05-27 09:10 AM
Thanks :thumb:
I'm not sure if I should be happy getting votes about bad design! lol! :P How ironic
- Soul :s:
I'm not sure if I should be happy getting votes about bad design! lol! :P How ironic
- Soul :s:
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sparky_jones
02-03 12:36 PM
My lawyer advises that there's no point in sending information to USCIS unless they ask for it, or is required by law or regulations. The chances of such unsolicited information making it to your files, or being acted upon are slim to none. If you wish, you could send the AC21 information on your own. Retaining a lawyer to send this information, and paying them a few hundred bucks to do so is sheer waste of money, in my opinion. There's no guarantee that it will avoid an RFE. USCIS does not have the time or resources to process unsolicited information. You should hire a lawyer (and have them submit a G-28) if you wish to transfer your representation to a new lawyer, and tell them that they are being retained to respond to RFEs and such. This "AC21 letter" thing is something that lawyers have come up with...its not necessary, and even if it is, you can do it yourself...all you need is an employment verification letter from your new employer.
more...
saileshdude
06-25 12:55 PM
http://www.uscis.gov/files/pressrelease/AC21Intrm122705.pdf
As per this memo -
While I-485 can be approved when PD is current, however, it can be denied anytime (does not matter if PD is current or not). The conditions for job offer must be maintained at all times while I-485 is pending.
With this, I am not sure, the defense of PD is not current is going to work.
Here are the questions that I have:
1) As per recent news, a lot of applications are PRE-ADJUDICATED. Now does this mean that those applications will be adjudicated when their PD becomes current , meaning to be approved based on a current PD , does the application has to go through the process of adjudication. Or does it mean adjudication is defined as "processing complete but is independent of PD being current or not" . What does the adjudication means in the above particular context.
2) IN this particular question, the answer does not specifically mean PD being current or not. It only mentions that "need to have job offer when AOS is being adjudicated". If you interpret it this way , then yes PD being current or not does not matter. And you will need to show u have job offer. BUT if definition of adjudication also involves approving the I-485 then one can argue that yes unless ur PD is current u cannot be approved and hence u do not need to have job offer if your PD is current.
I would like to know what various attorneys think about this
As per this memo -
While I-485 can be approved when PD is current, however, it can be denied anytime (does not matter if PD is current or not). The conditions for job offer must be maintained at all times while I-485 is pending.
With this, I am not sure, the defense of PD is not current is going to work.
Here are the questions that I have:
1) As per recent news, a lot of applications are PRE-ADJUDICATED. Now does this mean that those applications will be adjudicated when their PD becomes current , meaning to be approved based on a current PD , does the application has to go through the process of adjudication. Or does it mean adjudication is defined as "processing complete but is independent of PD being current or not" . What does the adjudication means in the above particular context.
2) IN this particular question, the answer does not specifically mean PD being current or not. It only mentions that "need to have job offer when AOS is being adjudicated". If you interpret it this way , then yes PD being current or not does not matter. And you will need to show u have job offer. BUT if definition of adjudication also involves approving the I-485 then one can argue that yes unless ur PD is current u cannot be approved and hence u do not need to have job offer if your PD is current.
I would like to know what various attorneys think about this
waitingnwaiting
01-19 04:02 PM
I think this is indeed a great idea.... but it might be difficult to get this information. Let me start by giving one name...
1) waitingwating
Others pls add more if you know:D:D
Not funny.
If an EB3 is so good he will not apply in EB3. He will apply in EB1. I am asking about people who were EB3 but became big after getting Green Card.
1) waitingwating
Others pls add more if you know:D:D
Not funny.
If an EB3 is so good he will not apply in EB3. He will apply in EB1. I am asking about people who were EB3 but became big after getting Green Card.
more...
ash0210
06-28 04:10 PM
India's independence day Aug-15-1945...
Thats "New" to ALL of us....
kumjay, really Mera Bharat Mahan!!!
USCIS is thinking of setting the priority date to ......India's independence day Aug-15-1945. Mera Bharat Mahaan.
Thats "New" to ALL of us....
kumjay, really Mera Bharat Mahan!!!
USCIS is thinking of setting the priority date to ......India's independence day Aug-15-1945. Mera Bharat Mahaan.
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vad
09-17 11:53 PM
Arnets reply is pretty comprehensive.
The main point is the are looking at 8-10 years fro nowto settle. Are they willin to look at short term difficulties in ordder to move? Also the usual waiting time for GC after all the hassles. So they have to judge what they have there against what they might get in 10 years:eek:
vinay
disclaimer: i'm nt an immigration attroney, so please consult one for exact situation, as laws and procedures are constantly changing.
I'm NOT in medical field but writing based on what i heard..thought might be useful for you.....below is the most common way of coming to US for MBBS degree holders in india....
they can write USMLE exam (check www.usmle.org) and if they pass the step1, step2, step3 exams they can apply to US universities (atleast few of them based on the score) for MD residency programs which is usually four years course.
some say step1 and step2 is enough to apply but step3 gives more advantage but nt sure. BUT CHECK THE ELIGILIBITY FOR EXAM AND DO RESEARCH ON THESE COURSE AND OTHER TOPICS TO GET EXACT DETAILS...
they can come here in H1 or J1 visa if they get into residency programs but check the procedures. but in general, after residency program, they need to work 3 yrs in underreserved areas (mostly 30-50 miles away from city, nt bad, oppurtunites are good there).
writing USMLE and getting into residency programs is really very very tough as more competition now and need very top score and their previous experience, degree/diplomas, research, etc helps.
if they both try and one get it through, then the one who get it into residency program can come into J1 or H1 visa and others can come in H4 visa (dependents-children and spouse).
they will be paid atleast 40-50k per yr during the residency (four yrs) and after that based on their work and experience, they will paid more atleast >100k per yr.
regd greencard, i think, they can apply only after 3yrs of working in under-reserved areas. some say they wont have to do labor because they get waiver because they worked 3 yrs in under-reserved areas but for this you need to consult an immigration lawyer.
but for all this, they have to first COLLECT all the details and CHECK THE ELIGILIBITY FOR ALL THIS...they have to plan properly because while studying for USMLE or during this entire process, it is nt easier but they have to undergo a LOT of stress as they might think we are doing well in india why we moved here. but remember, it pays them in long run, it depends on each one how they look.
good luck....:)
The main point is the are looking at 8-10 years fro nowto settle. Are they willin to look at short term difficulties in ordder to move? Also the usual waiting time for GC after all the hassles. So they have to judge what they have there against what they might get in 10 years:eek:
vinay
disclaimer: i'm nt an immigration attroney, so please consult one for exact situation, as laws and procedures are constantly changing.
I'm NOT in medical field but writing based on what i heard..thought might be useful for you.....below is the most common way of coming to US for MBBS degree holders in india....
they can write USMLE exam (check www.usmle.org) and if they pass the step1, step2, step3 exams they can apply to US universities (atleast few of them based on the score) for MD residency programs which is usually four years course.
some say step1 and step2 is enough to apply but step3 gives more advantage but nt sure. BUT CHECK THE ELIGILIBITY FOR EXAM AND DO RESEARCH ON THESE COURSE AND OTHER TOPICS TO GET EXACT DETAILS...
they can come here in H1 or J1 visa if they get into residency programs but check the procedures. but in general, after residency program, they need to work 3 yrs in underreserved areas (mostly 30-50 miles away from city, nt bad, oppurtunites are good there).
writing USMLE and getting into residency programs is really very very tough as more competition now and need very top score and their previous experience, degree/diplomas, research, etc helps.
if they both try and one get it through, then the one who get it into residency program can come into J1 or H1 visa and others can come in H4 visa (dependents-children and spouse).
they will be paid atleast 40-50k per yr during the residency (four yrs) and after that based on their work and experience, they will paid more atleast >100k per yr.
regd greencard, i think, they can apply only after 3yrs of working in under-reserved areas. some say they wont have to do labor because they get waiver because they worked 3 yrs in under-reserved areas but for this you need to consult an immigration lawyer.
but for all this, they have to first COLLECT all the details and CHECK THE ELIGILIBITY FOR ALL THIS...they have to plan properly because while studying for USMLE or during this entire process, it is nt easier but they have to undergo a LOT of stress as they might think we are doing well in india why we moved here. but remember, it pays them in long run, it depends on each one how they look.
good luck....:)
more...
CRAZYMONK
07-20 03:24 PM
Did you guys (@Sanjay, @linuxra, @Suvendra, @Optimizer) hear any thing back from USCIS? Any updates on your Case?
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glus
03-19 09:25 AM
i am switching job using ac21. my current employer trusts immigration attorneys. and as expected attorneys suggested (since they get paid) that company should withdraws both H1 and I-140 after I leave. I know I am safe, however USCIS will definitly send me an RFE at time of processing my application and I will have to answer that. So I am trying to put my side to them saying that if it is optional, they should not.
So my question is, does the Law say that an employer has to withdraw all (or some) immigration petitions after employee leaves ? I was trying to search but I couldn't find anywhere where it said that it is mandated.
Also as far I could tell from forum posts, there is no set form which needs to be filled by employeers to withdraw the application. That would seem to suggest that it is not mandated.
On flip side, if it is mandated, then why most of the employers do not withdraw the application ?
NO, period.
So my question is, does the Law say that an employer has to withdraw all (or some) immigration petitions after employee leaves ? I was trying to search but I couldn't find anywhere where it said that it is mandated.
Also as far I could tell from forum posts, there is no set form which needs to be filled by employeers to withdraw the application. That would seem to suggest that it is not mandated.
On flip side, if it is mandated, then why most of the employers do not withdraw the application ?
NO, period.
more...
senthil
08-08 09:05 AM
roseball, agree. got same resp from my attorney while filing AOS for my wife
1) employment letter ( just sent original & copies too )
2) I-134 ( convinced that they will need this even for H4 dependent )
3) did not ask for W2's or pay stubs
4) of course original medicals in closed envelope
5) all previous H4 approvals + I94's and color photocopy of entire passport
6) photos and required cheque's
hope mrdelhiite is all set ?
Yes, its good to file I-134 especially when she is on H4. Paystubs and tax returns are not required documents though a lot of people tend to submit them. Just an employment letter from your employer would suffice. You dont need to include your I-20 with your wife's application....However, do include her medicals, though its not part of the initial evidence......
1) employment letter ( just sent original & copies too )
2) I-134 ( convinced that they will need this even for H4 dependent )
3) did not ask for W2's or pay stubs
4) of course original medicals in closed envelope
5) all previous H4 approvals + I94's and color photocopy of entire passport
6) photos and required cheque's
hope mrdelhiite is all set ?
Yes, its good to file I-134 especially when she is on H4. Paystubs and tax returns are not required documents though a lot of people tend to submit them. Just an employment letter from your employer would suffice. You dont need to include your I-20 with your wife's application....However, do include her medicals, though its not part of the initial evidence......
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rockstart
03-11 09:43 AM
Isnt Labor & I 140 property of the employer and labor can be transferred to some one else (not allowed now but was in past) the employee comes into picture only at the 485 stage and that is when the intent should be looked into. Its a pretty complicated question so lawyer is the best person to answer.
more...
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iv_only_hope
02-17 11:00 PM
What abt the other categories which seem to be current 4th 5th religious workers etc. Where will their visas go if they stay current?
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chanduv23
03-03 11:55 AM
Chanduv23, When you moved to another employer, did they give you a permanent offer letter for your GC process that you would attach with the Ac21 documents or did you use the employment letter that they gave for joining the new company?? Am I confusing you? I meant to ask, since GC is for future employment, did thay give you a separate employment letter for the future job?
Yes, the wording is very important. When I sent the AC21 documentation, it was just a letter explaining employment details and particulars, but when I replied to NOID, they specifically requested "prospects of employment" - and we responded as "this is a full time permanent job and the prospects are good" - which means they see it as future employment.
As long as you have worked for original employer for a good period of time, stick to your skills, have good w2 history, you don't have to worry - you can always show that your prospects are good.
Though Green card if for future employment - the entire process revolves around how best you fit the future employment category - AC21 is one such rule that gives you room and flexibility.
Yes, the wording is very important. When I sent the AC21 documentation, it was just a letter explaining employment details and particulars, but when I replied to NOID, they specifically requested "prospects of employment" - and we responded as "this is a full time permanent job and the prospects are good" - which means they see it as future employment.
As long as you have worked for original employer for a good period of time, stick to your skills, have good w2 history, you don't have to worry - you can always show that your prospects are good.
Though Green card if for future employment - the entire process revolves around how best you fit the future employment category - AC21 is one such rule that gives you room and flexibility.
more...
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kirupa
03-23 03:33 AM
Hi SandeR2!
Sorry about not having responded more clearly in your thread. Please create a new thread for each entry you want to submit. As long as one thread is associated with one entry, it makes linking to your entry easier for judging and all of that :)
Cheers!
Kirupa
Sorry about not having responded more clearly in your thread. Please create a new thread for each entry you want to submit. As long as one thread is associated with one entry, it makes linking to your entry easier for judging and all of that :)
Cheers!
Kirupa
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ivuser
02-15 11:34 AM
Let us Provide Service and generate more revenue.
Revenue generation through multiple means is a very good idea.
Information Service
I would like to make most of the form thread details be accessible to members who had paid at least $100 or enrolled for recursive $20/month. We should make the thread heading very attractive and make it accessible to public. Core members should review all the thread headings, I think they are already doing it now. I can volunteer to this activity. I do have 8 years of experience in studying US immigration law, though I am not a lawyer, with my experience I can be of some guidance.
Advertisement
Provide advertisement (Ad), like we see top, right side and bottom page Ad in hotmail, yahoo etc. Apart from the flash, images Ads, we should also do Google text Ads. Flash Ad could be charged based on the space, number of page hits. Google pays 25 cents per click on the hyperlink for the text Ad. I had managed a project, which implemented the feature. I am sure we have lot of technical experts and get this implemented, very well.
Corporate Sponsorship
If a corporation sponsors money then most probably there will be some tax advantage. I do know IV�s tax code. Consulting companies could pay IV from our company account.
Physicians
We can identify all our physician members and provide help for members and their parents in need. In turn the members who had taken help could contribute to IV�s good cause, in terms of funds, taking part in activities, etc. Hi the concept is very simple, if you had gone to a doctor, you will end up spending 2 hr waiting to see the doctor and then pay 150 to talk to them for 15 min. We will help you and intern you help us, or may be help yourself if you are a person going through the GC process. I can take initiative for this task, my wife is a physician and I know 20 other doctors who are in the GC process.
Disclaimer
Our IV admin should make standard disclaimers like, the information provided may have error, and the members should always consult lawyers for accurate information, the thread details are intended to be an approximate guidance.
This should be part of our terms and conditions, while we register new members. It should also be part of the page footer, the text should be in red color.
Action Item
I would like to set up a conference today 9:10 PM (EST), Thursday Feb 15th 2007. Please reply to this tread if you have more ideas. Please do mention if any of you are interested in participating in today�s phone conference. I will also arrange for another conference during this weekend if necessary.
I will call IV�s core members to discuss this activity and based on their recommendations I will confirm the conference and the details like phoning number and access code.
My fellow members please note that we need to be more active and innovative to achieve our target (GC). I appreciate all our members for taking part in IV.
Revenue generation through multiple means is a very good idea.
Information Service
I would like to make most of the form thread details be accessible to members who had paid at least $100 or enrolled for recursive $20/month. We should make the thread heading very attractive and make it accessible to public. Core members should review all the thread headings, I think they are already doing it now. I can volunteer to this activity. I do have 8 years of experience in studying US immigration law, though I am not a lawyer, with my experience I can be of some guidance.
Advertisement
Provide advertisement (Ad), like we see top, right side and bottom page Ad in hotmail, yahoo etc. Apart from the flash, images Ads, we should also do Google text Ads. Flash Ad could be charged based on the space, number of page hits. Google pays 25 cents per click on the hyperlink for the text Ad. I had managed a project, which implemented the feature. I am sure we have lot of technical experts and get this implemented, very well.
Corporate Sponsorship
If a corporation sponsors money then most probably there will be some tax advantage. I do know IV�s tax code. Consulting companies could pay IV from our company account.
Physicians
We can identify all our physician members and provide help for members and their parents in need. In turn the members who had taken help could contribute to IV�s good cause, in terms of funds, taking part in activities, etc. Hi the concept is very simple, if you had gone to a doctor, you will end up spending 2 hr waiting to see the doctor and then pay 150 to talk to them for 15 min. We will help you and intern you help us, or may be help yourself if you are a person going through the GC process. I can take initiative for this task, my wife is a physician and I know 20 other doctors who are in the GC process.
Disclaimer
Our IV admin should make standard disclaimers like, the information provided may have error, and the members should always consult lawyers for accurate information, the thread details are intended to be an approximate guidance.
This should be part of our terms and conditions, while we register new members. It should also be part of the page footer, the text should be in red color.
Action Item
I would like to set up a conference today 9:10 PM (EST), Thursday Feb 15th 2007. Please reply to this tread if you have more ideas. Please do mention if any of you are interested in participating in today�s phone conference. I will also arrange for another conference during this weekend if necessary.
I will call IV�s core members to discuss this activity and based on their recommendations I will confirm the conference and the details like phoning number and access code.
My fellow members please note that we need to be more active and innovative to achieve our target (GC). I appreciate all our members for taking part in IV.
more...
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prashantkh
08-23 02:30 PM
in EB3, EB2 and EB1
Not Enough :rolleyes:
Not Enough :rolleyes:
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sangeethak31
07-13 11:44 PM
Cool..Thanks for all the responses.
I was just preparing for the wrost case scenario. So thought to get the experience letter of my prior H1B. But right now, I am unable to get hold of any superivisor or co-worker. So is there any other option to get the experience letter.
Thanks,
Sangeetha K
I was just preparing for the wrost case scenario. So thought to get the experience letter of my prior H1B. But right now, I am unable to get hold of any superivisor or co-worker. So is there any other option to get the experience letter.
Thanks,
Sangeetha K
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msp1976
05-19 10:41 AM
I need some advice from the people on this board.
My labor certification was recently approved via PERM. My employer will soon be signing the paperwork to file the I-140 with INS. My contract with him expires in February 2007, and he wants me to continue working for him beyond that. I, however, have expressed my desire NOT to stay with him any longer than I need to. Obviously, I will need to stay until 6 months have passed from the filing of my I-485 for portability to kick in.
the whole employment thing works with the premise that you are going to work for him after you get your GC...However unjust that might be that is how it is...So you got to reconcile with that fact...And you have to cultivate better relations with your employer....You should not speak about him/lawyer about leaving him. If you have already said that you have done damage to your cause and you have to do some damage control.....I know that employers are a pain in you know what but if you want GC you would need to take the pain ....
My labor certification was recently approved via PERM. My employer will soon be signing the paperwork to file the I-140 with INS. My contract with him expires in February 2007, and he wants me to continue working for him beyond that. I, however, have expressed my desire NOT to stay with him any longer than I need to. Obviously, I will need to stay until 6 months have passed from the filing of my I-485 for portability to kick in.
the whole employment thing works with the premise that you are going to work for him after you get your GC...However unjust that might be that is how it is...So you got to reconcile with that fact...And you have to cultivate better relations with your employer....You should not speak about him/lawyer about leaving him. If you have already said that you have done damage to your cause and you have to do some damage control.....I know that employers are a pain in you know what but if you want GC you would need to take the pain ....
akilaakka
10-05 08:04 AM
Recently a friend of mine hot has GC approved. He is EB2, PD Dec 2005.
Nothing makes sense.
Thanks
Senthil
Nothing makes sense.
Thanks
Senthil
ebizash
11-10 04:39 PM
Finished the survey
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