GeetaRam
06-14 03:47 PM
very useful link... even I didn't get why they mentioned foreign consular processing... what exactly that mean ? I also have question
I am working with my employer from 2005 to till date. My green card was filed in EB3 cateogory with in 2007 and priority date is March 2005. Before I started working for my currently I have worked for more than 5+ years in India with real experience from companies like IBM, Knabay. My employer is ready to file my GC in EB2 category considering those experience as my current experience with him doesn't get considered if for EB2 Bachlors + 5 + years. I have BE in Computer Science + total 10 years of experience. As I hear mixed review for the same that porting between EB3 to EB2 with same employer... I am considering option to change employer but my question is. I have my I-140 approved thru current employer but my I-485 application hasn't been filed. What if my current employer revoke my I-140 can I still use the same priority date.... Please advice/help.
I am working with my employer from 2005 to till date. My green card was filed in EB3 cateogory with in 2007 and priority date is March 2005. Before I started working for my currently I have worked for more than 5+ years in India with real experience from companies like IBM, Knabay. My employer is ready to file my GC in EB2 category considering those experience as my current experience with him doesn't get considered if for EB2 Bachlors + 5 + years. I have BE in Computer Science + total 10 years of experience. As I hear mixed review for the same that porting between EB3 to EB2 with same employer... I am considering option to change employer but my question is. I have my I-140 approved thru current employer but my I-485 application hasn't been filed. What if my current employer revoke my I-140 can I still use the same priority date.... Please advice/help.
aadimanav
09-05 03:56 PM
Congratulation to all EB2 who are getting their approvals. Have a wonderful post-GC life :)
When will, we EB3s (India), see some light at the end of the tunnel.
Looks like (in my case) after waiting for more than 5 years it will still take 3-4 years. I am mad :mad:
When will, we EB3s (India), see some light at the end of the tunnel.
Looks like (in my case) after waiting for more than 5 years it will still take 3-4 years. I am mad :mad:
fromnaija
09-14 01:54 PM
you would have to specify that when you apply for the AP. Look at part 7 item 2 in the application.
NO, that part applies to a person applying for Advance Parole (humanitarian reason) and not Advance Parole (baed on peding I-485).
This confusion is because the form is used for multiple application type - Rentry Permit, Refugee Travel Document, Advance Parole (humanitarian and I-485 pending). I think USCIS should redesign separate form for each application type to remove the confusion.
If your AP is based on a pending I-485 you must be in the US to apply and receive the approval. If you need to travel before the approval, you could go to a local USCIS office to expedite the application.
NO, that part applies to a person applying for Advance Parole (humanitarian reason) and not Advance Parole (baed on peding I-485).
This confusion is because the form is used for multiple application type - Rentry Permit, Refugee Travel Document, Advance Parole (humanitarian and I-485 pending). I think USCIS should redesign separate form for each application type to remove the confusion.
If your AP is based on a pending I-485 you must be in the US to apply and receive the approval. If you need to travel before the approval, you could go to a local USCIS office to expedite the application.
EndlessWait
01-10 04:45 PM
So, this would mean anyone stuck in name check should never receive FP--correct? I don't think that's the case...i know of a lot of people who get FP notices every 15 (or is it 18?) months or so and are stuck in name checks forever.
The two processes Name check & FP are parallel, not sequential.
I have myself not rcvd FP - July 2nd filer NSC-CSC-NSC transfer victim :-). My way of looking at things is that CSC transferred I-485 to NSC in late September. So my I-485 is queued after an August 17th filer. August 17th filers have rcvd their FPs recently (Bay Area, CA), so it should not be that far away. (BTW, I am not dying to get FP done, i just want to shorten my stay-alert-for-FP window and get it over with it)
USCIS works in strange ways...i may be using logic that's beyond their IQ :)
Take it easy...
just exactly what ur case status says ...mine hasn't changed ever since it transferred to nebraska..it still says "the case has been transferred to NSC becoz they've jurisdiction over it etc. etc '
thanks
The two processes Name check & FP are parallel, not sequential.
I have myself not rcvd FP - July 2nd filer NSC-CSC-NSC transfer victim :-). My way of looking at things is that CSC transferred I-485 to NSC in late September. So my I-485 is queued after an August 17th filer. August 17th filers have rcvd their FPs recently (Bay Area, CA), so it should not be that far away. (BTW, I am not dying to get FP done, i just want to shorten my stay-alert-for-FP window and get it over with it)
USCIS works in strange ways...i may be using logic that's beyond their IQ :)
Take it easy...
just exactly what ur case status says ...mine hasn't changed ever since it transferred to nebraska..it still says "the case has been transferred to NSC becoz they've jurisdiction over it etc. etc '
thanks
more...
cbpds
06-01 07:03 PM
Please note prefiling allows one to file their 485 papers but will not get an EAD unless ur priority date becomes current.
Satya & OP. I agree with you. Point # 3 is very significant to many many people who don't have EAD. I believe that nothing also happened to the pre-filing concept which would have allowed this. I also do very sincerely appreciate IV's efforts for the larger cause of CIR, let�s see what happens.
Satya & OP. I agree with you. Point # 3 is very significant to many many people who don't have EAD. I believe that nothing also happened to the pre-filing concept which would have allowed this. I also do very sincerely appreciate IV's efforts for the larger cause of CIR, let�s see what happens.
chanukya
05-25 11:09 PM
Thank you very much from our hearts to QGA.
Thank you for taking up our cause.....
Thank you for helping us.....
Thank you for saving us....
Thank you......for beleiving in our real and genuine issues
Thank you.....Thank you....Thank you....
Thank you for taking up our cause.....
Thank you for helping us.....
Thank you for saving us....
Thank you......for beleiving in our real and genuine issues
Thank you.....Thank you....Thank you....
more...
rajenk
08-18 02:31 AM
Hello All,
The lawyer did send separate checks and the applications were sent in a single package. As stated earlier I got my receipts. But my wife's check is not cashed yet. But today's (Aug 17th, 2007) receipting update from USCIS http://www.uscis.gov/files/pressrelease/ReceiptingTimes081707.pdf states that they have completed for July 2nd filers. Mine was submitted on July 2nd 2007. What are my options now?
1. What could be done if my wife's application was lost by USCIS?
2. What are the chances that I can re-file my wife's application again?
Please answer.
Thanks
Raj
The lawyer did send separate checks and the applications were sent in a single package. As stated earlier I got my receipts. But my wife's check is not cashed yet. But today's (Aug 17th, 2007) receipting update from USCIS http://www.uscis.gov/files/pressrelease/ReceiptingTimes081707.pdf states that they have completed for July 2nd filers. Mine was submitted on July 2nd 2007. What are my options now?
1. What could be done if my wife's application was lost by USCIS?
2. What are the chances that I can re-file my wife's application again?
Please answer.
Thanks
Raj
transpass
07-16 10:19 AM
I checked with the lawyer's office regarding levels I, II, II and IV on labor certification...The thing that determines EB2 and EB3 is what is written on the approved I-140.
For example, if it says 'Mem of Profession w/Adv Deg, or Exceptional ability Sec 203 (b) (2)' it is EB2. So it's what's checked in when u file your 140, and what it is approved for.
As far as levels I, II, III and IV are concerned, it does not matter regarding adjudication. The thing that only matters is either EB2 or EB3 (which is based on 140 approval as mentioned above) for Indians and Chinese in this case...
For example, if it says 'Mem of Profession w/Adv Deg, or Exceptional ability Sec 203 (b) (2)' it is EB2. So it's what's checked in when u file your 140, and what it is approved for.
As far as levels I, II, III and IV are concerned, it does not matter regarding adjudication. The thing that only matters is either EB2 or EB3 (which is based on 140 approval as mentioned above) for Indians and Chinese in this case...
more...
GCwaitforever
09-12 08:15 PM
Unpaid vacation is acceptable. Consultants working on hourly basis do not get paid when they do not work. As long as you come on top of prevailing wage rate and the annual salary quoted on the LCA at the end of the year, it does not matter. USCIS understands that you need a vacation too and can not work like a machine throughout the year.
bhasky25
10-11 01:06 PM
Thank you for responding,
I had changed jobs under AC21 provisions ( changed almost after 500 days of filing 485) and preferred to maintain my H1B as I did not want to get into the complications of renewing EAD and AP and also my wife goes to school here and it was safer for her to be on H1b rather than EAD or F1. I am just not comfortable with renewal process of EAD and AP. I have my H1B visa stamped... so now, I can travel at my will instead of worrying about what will happen at port of entry as I have a stable job and H1B stamped.
I want to know if I will still be eligible for H1B renewal(based on approved 140) even after my 140 being revoked. I do have a copy of my 140 approval.
I had changed jobs under AC21 provisions ( changed almost after 500 days of filing 485) and preferred to maintain my H1B as I did not want to get into the complications of renewing EAD and AP and also my wife goes to school here and it was safer for her to be on H1b rather than EAD or F1. I am just not comfortable with renewal process of EAD and AP. I have my H1B visa stamped... so now, I can travel at my will instead of worrying about what will happen at port of entry as I have a stable job and H1B stamped.
I want to know if I will still be eligible for H1B renewal(based on approved 140) even after my 140 being revoked. I do have a copy of my 140 approval.
more...
h1vegas
06-24 03:01 PM
Pls reply
pappu
09-14 02:36 PM
http://ebcmyspice.com/Radio/WebPages/LiveRadio.aspx
at 4 PM EST
call 732-297-9886 and ask questions
==============
We also have another interesting interview coming up. We will announce it later. This one will be not worth missing.
=======
BTW: you will now hear some IV ads on this radio station. Thanks to the member LOL123 who suggested this and we followed up. Thanks for all the media budget contributions. We are going to do more publicity efforts.
at 4 PM EST
call 732-297-9886 and ask questions
==============
We also have another interesting interview coming up. We will announce it later. This one will be not worth missing.
=======
BTW: you will now hear some IV ads on this radio station. Thanks to the member LOL123 who suggested this and we followed up. Thanks for all the media budget contributions. We are going to do more publicity efforts.
more...
ksairi
08-16 02:38 PM
Please advice
andy garcia
02-06 03:47 PM
Hi,
What is legally considered as "Permanent Residency approval date" - is it the approval of I485/getting greencard or is it the approval of I140. Sometimes the I140 referred to as an immigrant petition. As we know the process is once this immigrant petition (I14) is approved we apply for adjustment of status as a permanent resident thru II485 - so legally - can we consider that until I485 is not approved, our permanent residence applicaiton is pending?
If you read the back of the approval of the I-140. It says:
APPROVAL OF AN IMMIGRANT PETITION
Approval of an immigrant petition does not convey any right or status. The approval petition simply establishes a basis upon which the person you filed for can apply for an immigrant or fiance(e) visa or for adjustment of status.
What is legally considered as "Permanent Residency approval date" - is it the approval of I485/getting greencard or is it the approval of I140. Sometimes the I140 referred to as an immigrant petition. As we know the process is once this immigrant petition (I14) is approved we apply for adjustment of status as a permanent resident thru II485 - so legally - can we consider that until I485 is not approved, our permanent residence applicaiton is pending?
If you read the back of the approval of the I-140. It says:
APPROVAL OF AN IMMIGRANT PETITION
Approval of an immigrant petition does not convey any right or status. The approval petition simply establishes a basis upon which the person you filed for can apply for an immigrant or fiance(e) visa or for adjustment of status.
more...
H1B-GC
06-25 09:54 AM
This is not correct.
Managing the business comes under employment authorization whether or not salary is drawn by the owner.
_________________
Not a legal advice.
D...3933,
A Different question. Do we need to file FBAR if anyone has more than 10K USD in foreign accounts?
Below are the links that might be of interest. a discussion is going on i other immigration forum.
FAQs Regarding Report of Foreign Bank and Financial Accounts (FBAR) - Filing Requirements (http://www.irs.gov/businesses/small/article/0,,id=210244,00.html)
US Taxes on NRE accounts in India (http://www.r2iclubforums.com/forums/showthread.php/12601-US-Taxes-on-NRE-accounts-in-India)
Thanks for your thoughts on this!!
Managing the business comes under employment authorization whether or not salary is drawn by the owner.
_________________
Not a legal advice.
D...3933,
A Different question. Do we need to file FBAR if anyone has more than 10K USD in foreign accounts?
Below are the links that might be of interest. a discussion is going on i other immigration forum.
FAQs Regarding Report of Foreign Bank and Financial Accounts (FBAR) - Filing Requirements (http://www.irs.gov/businesses/small/article/0,,id=210244,00.html)
US Taxes on NRE accounts in India (http://www.r2iclubforums.com/forums/showthread.php/12601-US-Taxes-on-NRE-accounts-in-India)
Thanks for your thoughts on this!!
Ann Ruben
02-11 09:30 PM
Hi Euclid,
In my opinion, your situation clearly falls within the "receipt rule". The rec't for replacement of the lost EAD is good for up to 90 days. Below is an excerpt from the the most recent I-9 Handbook for Employers published by USCIS. This pretty clearly differentiates between a rec't for an initial or renewal application and a rec't for an application to replace a lost document.
Ann
Q When can employees present receipts for documents in lieu of actual documents establishing employment authorization?
A The “receipt rule” is designed to cover situations in which an employee is employment autho- rized at the time of initial hire or reverification, but he or she is not in possession of a document listed on page 5 of Form I-9. Receipts showing that a person has applied for an initial grant of employment authorization or for renewal of employment authorization are not acceptable.
An individual may present a receipt in lieu of a document listed on Form I-9 to complete Section 2 of Form I-9.The receipt is valid for a temporary period.There are three different documents that qualify as receipts under the rule:
32
1.
A receipt for a replacement document when the document has been lost, stolen, or damaged.The receipt is valid for 90 days, after which the individual must present the
replacement document to complete Form I-9.
Note: This rule does not apply to individuals who pres- ent receipts for new documents following the expiration of their previously held document.
In my opinion, your situation clearly falls within the "receipt rule". The rec't for replacement of the lost EAD is good for up to 90 days. Below is an excerpt from the the most recent I-9 Handbook for Employers published by USCIS. This pretty clearly differentiates between a rec't for an initial or renewal application and a rec't for an application to replace a lost document.
Ann
Q When can employees present receipts for documents in lieu of actual documents establishing employment authorization?
A The “receipt rule” is designed to cover situations in which an employee is employment autho- rized at the time of initial hire or reverification, but he or she is not in possession of a document listed on page 5 of Form I-9. Receipts showing that a person has applied for an initial grant of employment authorization or for renewal of employment authorization are not acceptable.
An individual may present a receipt in lieu of a document listed on Form I-9 to complete Section 2 of Form I-9.The receipt is valid for a temporary period.There are three different documents that qualify as receipts under the rule:
32
1.
A receipt for a replacement document when the document has been lost, stolen, or damaged.The receipt is valid for 90 days, after which the individual must present the
replacement document to complete Form I-9.
Note: This rule does not apply to individuals who pres- ent receipts for new documents following the expiration of their previously held document.
more...
freddy22
07-17 06:52 PM
There is a very good chance that the gov't will seek to remove your son from the US even if he is only found guilty of misdemeanors.
And why is that?
The misdemeanors could be NOT CMT....only CMT crimes are deportable or serious felonys right?
If the crimes are not crimes of moral turpitude then they are not deportable under immigration law?
Please explain your viewpoint as to why you think they would deport someone with a record of misdemeanors that are NOT CMT
And why is that?
The misdemeanors could be NOT CMT....only CMT crimes are deportable or serious felonys right?
If the crimes are not crimes of moral turpitude then they are not deportable under immigration law?
Please explain your viewpoint as to why you think they would deport someone with a record of misdemeanors that are NOT CMT
komaragiri
07-28 12:18 PM
My prediction for this year..
EB1 = Current
EB2 = Jan 2003 (Because of BEC cases coming out, chance for them to file I-485 in October)
EB3 = U
EB1 = Current
EB2 = Jan 2003 (Because of BEC cases coming out, chance for them to file I-485 in October)
EB3 = U
hebron
08-10 10:15 AM
Suggestions....anybody? ^^^^
at0474
01-09 03:14 PM
I know at least 5 colleagues with early-mid 2001 PDs who applied 485 last year. They're still waiting. Admire their patience.
--I suppose this year's quota for EB3 India is not yet used (as small it may seem). My guess is, when EB3 processing begins, it should get your collegues out in 6 to 9 months from now.
--I suppose this year's quota for EB3 India is not yet used (as small it may seem). My guess is, when EB3 processing begins, it should get your collegues out in 6 to 9 months from now.
lostinbeta
09-06 10:54 AM
Pixel stretching is what is seen on that Splash Page. You select a 1 pixel row then use the resize tool to stretch it to the edge of your image.
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