ajju
04-10 10:15 AM
Friends,
1. I have approved I140 > 180 days in actually 300 days
please help
The only missing thing I see is that I-485 has also been pending for > 180 days.. If thats true.. you are good to go... 140 > 180 days has not much significance... only approved 140 is important... Good luck...
1. I have approved I140 > 180 days in actually 300 days
please help
The only missing thing I see is that I-485 has also been pending for > 180 days.. If thats true.. you are good to go... 140 > 180 days has not much significance... only approved 140 is important... Good luck...
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nixstor
02-23 10:48 AM
H1B's are Resident aliens for tax purposes. USCIS and IRS use different terms.
Blog Feeds
04-22 06:20 PM
Rasmussen Reports indicates in their latest poll that only 5% of Americans list immigration reform as a top priority, a number that is consistent with historical numbers but is much reduced from the last few years when anti-immigration activists whipped up a wave of nativism not seen in many years in the US. One of the reasons immigration measures big and small have not succeeded in recent years is because the entire issue of immigration has been perceived as radioactive and no one wanted to take on the crazies. As it becomes clear that dealing with immigration issues isn't something...
More... (http://blogs.ilw.com/gregsiskind/2009/04/poll-americans-no-longer-all-that-concerned-about-immigration.html)
More... (http://blogs.ilw.com/gregsiskind/2009/04/poll-americans-no-longer-all-that-concerned-about-immigration.html)
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Green.Tech
06-19 01:56 PM
Bump.
more...
posmd
06-08 07:45 PM
Guys,
I have approved EB3 LC and approved I 140 with PD JAN 2002. My wife has approved EB2 LC (Perm) and Approved I 140 with PD JAN 2006
As we represent one family can't my wife use my PD and apply I 485 under EB2.
for example If husband is born in a retrogressed country and wife in a non retrogressed country in that case, husband gets a free ride !
Why not in this case ? Just curious !
Faced with this same predicament. The truth is the US immigration rules were not made to cater for this era of fast paced change and lifestyles.
When the current EB rules were fashioned, mostly in the early 1960s most families had one working household and were generally migrating in the very highest skills level. Opportunities in the high skilled fields were also not as prevalent as they are today. US was not the knowledge economy it is today.
In the same sense people if they would migrate did so just once in their lifetime, nowadays people often shift 3 places sometimes even more. Hence your citizenship does not count, only your birth place. Imagine the insanity in a scenario that you are from antigua and you are born in India while your father was serving as the consul general there. If fate and destiny have you wishing to immigrate to the US now in the EB2 category then you would have to have a PD of Jan 2003 as opposed to current.
Many such combinations are possible, but in my humble view all this country quota stuff for EB based immigration is ridiculous and worse yet when it takes no acccount of population size. Clearly they ought to be more discerning in who they allow in via EB immigration by tightening the regulations as they stand currently, but this insane quota is off base in todays world.
A quota system for family or any other type of immigration is more reasonable, but once it is deemed you are immigrating based on your skills why should something else matter in this land of opportunity where every man is considered equal and is said to rise or fall on his ability and nothing else. Perhaps others know the answer to this but it befuddles me and makes me realise how antequated the rules really are.
I have approved EB3 LC and approved I 140 with PD JAN 2002. My wife has approved EB2 LC (Perm) and Approved I 140 with PD JAN 2006
As we represent one family can't my wife use my PD and apply I 485 under EB2.
for example If husband is born in a retrogressed country and wife in a non retrogressed country in that case, husband gets a free ride !
Why not in this case ? Just curious !
Faced with this same predicament. The truth is the US immigration rules were not made to cater for this era of fast paced change and lifestyles.
When the current EB rules were fashioned, mostly in the early 1960s most families had one working household and were generally migrating in the very highest skills level. Opportunities in the high skilled fields were also not as prevalent as they are today. US was not the knowledge economy it is today.
In the same sense people if they would migrate did so just once in their lifetime, nowadays people often shift 3 places sometimes even more. Hence your citizenship does not count, only your birth place. Imagine the insanity in a scenario that you are from antigua and you are born in India while your father was serving as the consul general there. If fate and destiny have you wishing to immigrate to the US now in the EB2 category then you would have to have a PD of Jan 2003 as opposed to current.
Many such combinations are possible, but in my humble view all this country quota stuff for EB based immigration is ridiculous and worse yet when it takes no acccount of population size. Clearly they ought to be more discerning in who they allow in via EB immigration by tightening the regulations as they stand currently, but this insane quota is off base in todays world.
A quota system for family or any other type of immigration is more reasonable, but once it is deemed you are immigrating based on your skills why should something else matter in this land of opportunity where every man is considered equal and is said to rise or fall on his ability and nothing else. Perhaps others know the answer to this but it befuddles me and makes me realise how antequated the rules really are.
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martinvisalaw
06-25 08:50 AM
Hi,
I recently (one month back) got laid off from the company who filed for my green card. Today i got RFE on my 485 (AOS) requesting "currently dated and original letter from current employerthat specifies dates of employment, current postion, wage, and that the terms and conditions of the empployment petition continue to exist".
I am not working with the company anymore but I am on their payroll till July 21st 2009.
I am still looking for a new job so i don't have any prospective employer yet. I have to reply back before July 19th so I don't have enough time left.
My company said they can't give me employment letter now so my companies lawyer suggested that they will send reply with their own cover letter and my last two months paystubs. 3 years of tax returns.
Do you think it will work and it won't cause any problems to my petition?
What other options do I have ?
Thanks in advance!
You could argue that you don't need to have a job now, just that you need to be in a "same or similar"position when the 485 is approved. if your priority date is very backlogged, you have lots of time to find a job.
I recently (one month back) got laid off from the company who filed for my green card. Today i got RFE on my 485 (AOS) requesting "currently dated and original letter from current employerthat specifies dates of employment, current postion, wage, and that the terms and conditions of the empployment petition continue to exist".
I am not working with the company anymore but I am on their payroll till July 21st 2009.
I am still looking for a new job so i don't have any prospective employer yet. I have to reply back before July 19th so I don't have enough time left.
My company said they can't give me employment letter now so my companies lawyer suggested that they will send reply with their own cover letter and my last two months paystubs. 3 years of tax returns.
Do you think it will work and it won't cause any problems to my petition?
What other options do I have ?
Thanks in advance!
You could argue that you don't need to have a job now, just that you need to be in a "same or similar"position when the 485 is approved. if your priority date is very backlogged, you have lots of time to find a job.
more...
stucklabor
07-14 10:50 AM
Pappu is right. At this point, no one knows when the SKIL bill will be debated, or if support for it is strong enough that it can even be brought to the floor.
The core team has said this N times and let me say it for the N+1th time. We DON'T HAVE any timelines. All we can do is try to influence but we are a small part of the puzzle. The House and Senate leadership decide what they want to do, based on the larger picture.
We are 5000 members, only 1000 contributing. Is it any wonder that things are at such a pass?
BTW, Pappu, your link didn't work for me.
The core team has said this N times and let me say it for the N+1th time. We DON'T HAVE any timelines. All we can do is try to influence but we are a small part of the puzzle. The House and Senate leadership decide what they want to do, based on the larger picture.
We are 5000 members, only 1000 contributing. Is it any wonder that things are at such a pass?
BTW, Pappu, your link didn't work for me.
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mirage41
06-13 05:43 PM
Going through a bill, usually in subcommittee, section by section, revising language, amending sections etc and reach a consensus
Does that mean the bills could be changed further?
Does that mean the bills could be changed further?
more...
styrum
02-18 12:22 PM
I can't recall Democratic senators helping LEGAL immigrants during the CIR debate last year!
Maria Cantwell (D-WA) introduced the only amendment favorable for us.
Maria Cantwell (D-WA) introduced the only amendment favorable for us.
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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
more...
shukla77
11-20 08:02 PM
Please send emails to CBS 60 Minutes and other media sources. Send them personalized emails explaining backlog issues and efforts from IV. Considering passage of SKIL Bill in lame duck session a remote possibility, this would be a step in right direction. Also it would bring IV in media focus.
****So far ~10 people have sent emails to CBS..*****
****5990 to go..*****
Good Luck
Shukla77:)
****So far ~10 people have sent emails to CBS..*****
****5990 to go..*****
Good Luck
Shukla77:)
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gc_chahiye
02-10 06:24 PM
Weigh in with % raise and take decision. If its around 15%-20% raise with
good benefits etc then move..
cheers
Iad
the spouse is the primary applicant. The OP is dependent/secondary applicant
OP can take even a 3000% raise, change jobs to a completely unrelated field, do whatever he/she wants to do, whenever he/she wants to.
good benefits etc then move..
cheers
Iad
the spouse is the primary applicant. The OP is dependent/secondary applicant
OP can take even a 3000% raise, change jobs to a completely unrelated field, do whatever he/she wants to do, whenever he/she wants to.
more...
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roseball
07-12 04:29 PM
Mine was an e-filing. However my FP scheduling was quite weird.
I had my FP scheduled for 11/13
but my Card Production was Ordered on 11/12
I still went ahead and gave my FP on 11/13.
Thanks gc28262.
Is there anyone who e-filed their EAD renewal at TSC during May time frame. It would be helpful if you can tell me how long it took for approval. TIA.
I had my FP scheduled for 11/13
but my Card Production was Ordered on 11/12
I still went ahead and gave my FP on 11/13.
Thanks gc28262.
Is there anyone who e-filed their EAD renewal at TSC during May time frame. It would be helpful if you can tell me how long it took for approval. TIA.
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gc_lover
06-25 03:02 PM
It looks like my lawyer has already mailed the application to USCIS. The priority dates becomes current only on July 1st.
What are my options here? Does anyone has faced such a situation?
Wow... You have a great over-enthusiast lawyer. People try to push their lawyer to file their application but looks like your lawyer pushed you to file your application. :)
You can always file new application on July 1st.
What are my options here? Does anyone has faced such a situation?
Wow... You have a great over-enthusiast lawyer. People try to push their lawyer to file their application but looks like your lawyer pushed you to file your application. :)
You can always file new application on July 1st.
more...
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bigboy007
08-10 02:18 PM
Good Morning,
I went to the uscis local office. The officer told my case SRC-****7236 (765) Renewal was denied on 06/25/2010. He didn’t have the denial details. He told he will send an email to Texas USCIS asking the details. He also told my 485 motion approved and my recent travel document approved but strange that they denied EAD.
Unfortunately we (Myself & Lawyer) never received a denial notice.
My EAD is expiring sep 3rd. I know mostly they denied by without seeing my 485 motion approval.I am requesting denial notice by opening SR
Help me and suggest to overcome this SITUATION (Another wrong denial by USCIS.)
Thanks
KPR
-----------------
Background OF Myself
----------------------
1)Worked for Company A from 2003 to 2008.
2)Company A applied I-140 and approved April 2006. AOS 485 filed on July 2007. Got EAD but never used it
3)September 2008 I have Joined employer “B” by transferring H1B (Valid until Aug 2010).
4)Employer A revoked 140 which triggered 485 denials in October 2008.
5)Applied MTR and it was approved in NOVEMBER 2008 and 485 reopened.
I understand its painful , but unless you can get hold of Denial letter there is nothing much, anything else is pure speculation. Ask to send the Denial letter soon/again. If you can reach out to level 2 officer he/she MIGHT be able to see the cause of denial. what does online status say ?
I went to the uscis local office. The officer told my case SRC-****7236 (765) Renewal was denied on 06/25/2010. He didn’t have the denial details. He told he will send an email to Texas USCIS asking the details. He also told my 485 motion approved and my recent travel document approved but strange that they denied EAD.
Unfortunately we (Myself & Lawyer) never received a denial notice.
My EAD is expiring sep 3rd. I know mostly they denied by without seeing my 485 motion approval.I am requesting denial notice by opening SR
Help me and suggest to overcome this SITUATION (Another wrong denial by USCIS.)
Thanks
KPR
-----------------
Background OF Myself
----------------------
1)Worked for Company A from 2003 to 2008.
2)Company A applied I-140 and approved April 2006. AOS 485 filed on July 2007. Got EAD but never used it
3)September 2008 I have Joined employer “B” by transferring H1B (Valid until Aug 2010).
4)Employer A revoked 140 which triggered 485 denials in October 2008.
5)Applied MTR and it was approved in NOVEMBER 2008 and 485 reopened.
I understand its painful , but unless you can get hold of Denial letter there is nothing much, anything else is pure speculation. Ask to send the Denial letter soon/again. If you can reach out to level 2 officer he/she MIGHT be able to see the cause of denial. what does online status say ?
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waitnwatch
05-30 01:25 PM
Following this logic only BEC cases are affected.
I use the word "only" caughtiously because there are still a lot in BECs and if it is you it is not a statistic.
If BECs complete processing by year end then all I140s could be issued within a few months of that.
After BEC cases have been processed then what's the problem since PERM is workable?
The only problems I see are:
BEC cases -- it is unacceptable to leave them out in the cold after such a long wait.
Abusive employers cancelling I140 before a new I140 is obtained after moving jobs.
The extension beyond 6th year was only ever intended to allow for the labor certification backlog.
Unfortunately the law makers acted too late and many had to leave some years ago before 7th year extensions were allowed. I hope they don't make up for that by acting too soon now (before BECs complete processing).
If the BECs complete their job, why would there be a need for 7th year extensions?
I am not just talking about those who have already applied or those who are stuck in BEC. I am also talking about anyone who has not yet applied and are applying now or will be applying in the future.
I use the word "only" caughtiously because there are still a lot in BECs and if it is you it is not a statistic.
If BECs complete processing by year end then all I140s could be issued within a few months of that.
After BEC cases have been processed then what's the problem since PERM is workable?
The only problems I see are:
BEC cases -- it is unacceptable to leave them out in the cold after such a long wait.
Abusive employers cancelling I140 before a new I140 is obtained after moving jobs.
The extension beyond 6th year was only ever intended to allow for the labor certification backlog.
Unfortunately the law makers acted too late and many had to leave some years ago before 7th year extensions were allowed. I hope they don't make up for that by acting too soon now (before BECs complete processing).
If the BECs complete their job, why would there be a need for 7th year extensions?
I am not just talking about those who have already applied or those who are stuck in BEC. I am also talking about anyone who has not yet applied and are applying now or will be applying in the future.
more...
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harryom
01-18 11:31 AM
I,m July filer for I140/I485 and have not received my EAD yet so I visited local office and lady officer gave me Ticket number and ask me you can use this number to see the activity on my case regarding this latest request on the uscis website.
I have no clue where to put in this number...Anyone with suggestion or similar situation..
Thanks
Harry
PD" Sept-04
Filed in July 15th
EAD: none for self, received for spouse
AP: Received for both
I140 Pending
I485 pending
I have no clue where to put in this number...Anyone with suggestion or similar situation..
Thanks
Harry
PD" Sept-04
Filed in July 15th
EAD: none for self, received for spouse
AP: Received for both
I140 Pending
I485 pending
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frostrated
06-25 01:17 PM
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
1. My view on pre-adjudication is that they processing is done on the application and is put in an approvable status. once the PD is current and the immigrant visa number is available, then such an application can be approved. but it has to be noted that these applications can be reviewed again before approving and can be denied at that time.
2. when an AOS application is being adjudicated, if the underlying terms of the 485 application are not satisfied, then it can be denied. it does not matter if the PD is current. the 485 is based on the 140, which in turn is based on a bonafide job. using ac21, you can change employers, but i still feel that you need to be employed in a similar position and not looking for a similar position.
any thoughts anyone?
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
1. My view on pre-adjudication is that they processing is done on the application and is put in an approvable status. once the PD is current and the immigrant visa number is available, then such an application can be approved. but it has to be noted that these applications can be reviewed again before approving and can be denied at that time.
2. when an AOS application is being adjudicated, if the underlying terms of the 485 application are not satisfied, then it can be denied. it does not matter if the PD is current. the 485 is based on the 140, which in turn is based on a bonafide job. using ac21, you can change employers, but i still feel that you need to be employed in a similar position and not looking for a similar position.
any thoughts anyone?
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waitnwatch
01-06 02:26 AM
This thing is driving me crazy...
Do we need to send an invitation letter in a .txt format? How do I send an invitation letter with letterhead and signature in a .txt format?
As far as I can remember this invitation letter part is only applicable if this is the first time someone is travelling to the US to study or work. I donot think this is needed if you have gone from the US to India for a vacation and are trying to get your visa renewed.
This is what I recollect. By the way I think you can send a Microsoft Word Document.
Hope this helps.
Do we need to send an invitation letter in a .txt format? How do I send an invitation letter with letterhead and signature in a .txt format?
As far as I can remember this invitation letter part is only applicable if this is the first time someone is travelling to the US to study or work. I donot think this is needed if you have gone from the US to India for a vacation and are trying to get your visa renewed.
This is what I recollect. By the way I think you can send a Microsoft Word Document.
Hope this helps.
jthomas
01-10 08:41 PM
What are the options for a H1B holder when he/she gets laid off during this present economy?
I voted as yes, I know my friends who had been laid off from work.
J thomas
I voted as yes, I know my friends who had been laid off from work.
J thomas
India76
07-17 06:18 PM
PLEASE HELP PLEASE
I am going to India on 19th July as my mothe ris very sick... what should i need to do? i am coming back on 4th august
I am going to India on 19th July as my mothe ris very sick... what should i need to do? i am coming back on 4th august
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