gotgc?
09-14 10:20 AM
Thanks for all your replies!
My understanding is the same as Glus and Raj. However, I am also afraid that GCHope2011 might be right, in which case I might stay illegally more than 180 days if I wait long enough and would have to wait 3 years to get back to the U.S.
I was holding H4 visa before I started using the EAD.
Relinking the 485 with my approved NIW 140 is probably not going to work as my priority date for that is Feb,2008 and it is not current yet.
I definitely want to speak with an attorney so Gus I will PM you.
You are fine man..I was in the same situation as yours...I had filed for LC Sub I140 in June 2006 and it was pending. I filed I-485 in July 2007 based on this I-140. Then I filed another I-140 in Jan 2008 based on my original labor and it was approved in Feb 2008. All this time, my first I140 was pending and it was denied in Sep 2008. I thought I am ggoing to lose my I-485 because it was filed based on that.
My lawyers confirmed me from AILA Inquiry that my I-485 will still be active based on the I-140 approved in Feb 2008. You dont need any re-linking. All USCIS needs ti keep I-485 active is one approved I-140. I confirmed this with 2 Info pass appts. My I-485 is pre-adjudicated status and it has been 2 years...got multiple EADs, AP, travelled and came in..no issues...so dont worry. Your I-485 will be actibe based on your approved I-140. You dont need any re-links.
My understanding is the same as Glus and Raj. However, I am also afraid that GCHope2011 might be right, in which case I might stay illegally more than 180 days if I wait long enough and would have to wait 3 years to get back to the U.S.
I was holding H4 visa before I started using the EAD.
Relinking the 485 with my approved NIW 140 is probably not going to work as my priority date for that is Feb,2008 and it is not current yet.
I definitely want to speak with an attorney so Gus I will PM you.
You are fine man..I was in the same situation as yours...I had filed for LC Sub I140 in June 2006 and it was pending. I filed I-485 in July 2007 based on this I-140. Then I filed another I-140 in Jan 2008 based on my original labor and it was approved in Feb 2008. All this time, my first I140 was pending and it was denied in Sep 2008. I thought I am ggoing to lose my I-485 because it was filed based on that.
My lawyers confirmed me from AILA Inquiry that my I-485 will still be active based on the I-140 approved in Feb 2008. You dont need any re-linking. All USCIS needs ti keep I-485 active is one approved I-140. I confirmed this with 2 Info pass appts. My I-485 is pre-adjudicated status and it has been 2 years...got multiple EADs, AP, travelled and came in..no issues...so dont worry. Your I-485 will be actibe based on your approved I-140. You dont need any re-links.
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ars01
09-15 02:42 PM
Come on let's be positive:
EB2 will move to December 2005 within a year.
EB3 will move to December 2003 within a year.
EB2 will move to December 2005 within a year.
EB3 will move to December 2003 within a year.
alterego
09-14 06:06 PM
People need to understand that there are some legislators who might want to push legislation favorable to us. They can only do it if they can convince other legislators who are on the fence that:
1) A lot of good people are affected by this. (legal,peaceful,high skilled etc) The crowd there(YOU) on Tuesday will speak to this.
2) They mean business, if we do not act they might leave and we need to act NOW to keep them here.(if many thousands of them can come from all parts of the country, they must be serious)
3) These guys have the support of their employers.(they got/took/were allowed time off from work)
Now in these points, can you see how a friendly lawmaker can use a big successful march to convince his colleagues? This will be like a massive tonic to all the lobbying IV has been doing behind the scenes.
Last year when hundreds of thousands of illegal immigrants took to the streets did you see the impact on legislators? One big difference here is we are legal. That will leave a more powerful impact if it is big.
This is a small price to pay, and it will help you tremendously to speed up the green card process. Lets show solidarity. Every one of us who goes to this will feel proud of the change we manage to bring. If this makes the national media in a big way, I am virtually certain we will get a favorable resolution to our issues. A lot of forces are with us here. Just look at the 13 governor signed letter. Just look at how hard the big high tech. companies are pushing this.
1) A lot of good people are affected by this. (legal,peaceful,high skilled etc) The crowd there(YOU) on Tuesday will speak to this.
2) They mean business, if we do not act they might leave and we need to act NOW to keep them here.(if many thousands of them can come from all parts of the country, they must be serious)
3) These guys have the support of their employers.(they got/took/were allowed time off from work)
Now in these points, can you see how a friendly lawmaker can use a big successful march to convince his colleagues? This will be like a massive tonic to all the lobbying IV has been doing behind the scenes.
Last year when hundreds of thousands of illegal immigrants took to the streets did you see the impact on legislators? One big difference here is we are legal. That will leave a more powerful impact if it is big.
This is a small price to pay, and it will help you tremendously to speed up the green card process. Lets show solidarity. Every one of us who goes to this will feel proud of the change we manage to bring. If this makes the national media in a big way, I am virtually certain we will get a favorable resolution to our issues. A lot of forces are with us here. Just look at the 13 governor signed letter. Just look at how hard the big high tech. companies are pushing this.
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vsrinir
06-12 03:30 PM
http://www.politico.com/blogs/bensmith/0609/White_House_postpones_immigration_meeting_again.ht ml
June 12, 2009
Categories: White House
White House postpones immigration meeting, again
The White House announced this spring it would be hosting a big meeting on immigration policy � a signal that Obama cares about the issue, and perhaps a chance to rub salt in open Republican wounds, if not a serious attempt to move immigration reform this year.
But the meeting was postponed from its original date, June 8, to June 17 � and now it's being postponed again, White House officials have told advocates, with no set date but hopes to do it later in the month. Officials, I'm told, are blaming the supplemental for the delays.
Ana Navarro, a Florida Republican activist who has been arguing that Republicans have a chance to seize the initiative from Obama on this issue and repair their image, e-mails, "Nobody knows when it is. Nobody knows who is going. Nobody knows what the agenda is."
"They are stringing along the immig[ation] advocates and Latino groups to whom Obama owes so much," she writes. "Latinos need to stand their ground, hold his feet to the fire and demand that he deliver on repeated promises to get this done within first year or call him out on it. This is a litmus test for Hispanics, and one which so far Obama is failing."
UPDATE: Frank Sharry of America's Voice, an administration ally, tells Gebe Martinez: "While we are disappointed that the meeting has been delayed, we are confident that immigration reform will move forward this fall. The President has promised to advance the issue many times, and we believe he is a man of his word."
By Ben Smith 01:00 PM
June 12, 2009
Categories: White House
White House postpones immigration meeting, again
The White House announced this spring it would be hosting a big meeting on immigration policy � a signal that Obama cares about the issue, and perhaps a chance to rub salt in open Republican wounds, if not a serious attempt to move immigration reform this year.
But the meeting was postponed from its original date, June 8, to June 17 � and now it's being postponed again, White House officials have told advocates, with no set date but hopes to do it later in the month. Officials, I'm told, are blaming the supplemental for the delays.
Ana Navarro, a Florida Republican activist who has been arguing that Republicans have a chance to seize the initiative from Obama on this issue and repair their image, e-mails, "Nobody knows when it is. Nobody knows who is going. Nobody knows what the agenda is."
"They are stringing along the immig[ation] advocates and Latino groups to whom Obama owes so much," she writes. "Latinos need to stand their ground, hold his feet to the fire and demand that he deliver on repeated promises to get this done within first year or call him out on it. This is a litmus test for Hispanics, and one which so far Obama is failing."
UPDATE: Frank Sharry of America's Voice, an administration ally, tells Gebe Martinez: "While we are disappointed that the meeting has been delayed, we are confident that immigration reform will move forward this fall. The President has promised to advance the issue many times, and we believe he is a man of his word."
By Ben Smith 01:00 PM
more...
EBX-Man
04-30 02:31 PM
Hi,
I am lost trying to find information on this.
Here's the situation for adding my wife to my I-485 application (we are from India). We DO have her 100% correct birth certificate we got issued last month.
However, since the issue date on it is April 2011, our lawyer insists that we need affidavits from her parents as well (perhaps to avoid RFEs). Further the lawyer insists that the Foreign Affairs Manual for India states that these be sworn in front of a first class magistrate of India.
When her parents went to the local court and request the first class magistrate, the court officer is demanding that we have a sealed copy of the requesting authority (USCIS) that clearly states that a first class magistrate's signature is required!
Questions:
(i) Is the affidavit supposed to be sworn in front of first class magistrate? Even if we have a corrected birth certificate?? Or can it be signed by an 'Executive Magistrate' or maybe even just notarized??
(ii) If yes, did someone else face a similar issue?
(iii) If yes, is there a USCIS document I could send to satisfy their demand?
I did try to find a USCIS document but all it states is that ... IF the birth certificate is unavailable ... then "sworn affidavits" need to accompany non-availability certificate from a competent local government authority.
Please advise :(
PS: FYI, they went to the Palghar court in Maharashtra, India.
The rule is
If you dont have a birth certificate
- You need affidavites from both parents
If you have a birth certificate issued after 1 year of date of birth
- You need affidavites from both parents
If you have a birth certificate issued within 1 year of date of birth
- You do not need affidavites
Dont worry i applied for birth certificate in 2005 in india and submitted that along with affidavites from parents and the documents were accepted
I am lost trying to find information on this.
Here's the situation for adding my wife to my I-485 application (we are from India). We DO have her 100% correct birth certificate we got issued last month.
However, since the issue date on it is April 2011, our lawyer insists that we need affidavits from her parents as well (perhaps to avoid RFEs). Further the lawyer insists that the Foreign Affairs Manual for India states that these be sworn in front of a first class magistrate of India.
When her parents went to the local court and request the first class magistrate, the court officer is demanding that we have a sealed copy of the requesting authority (USCIS) that clearly states that a first class magistrate's signature is required!
Questions:
(i) Is the affidavit supposed to be sworn in front of first class magistrate? Even if we have a corrected birth certificate?? Or can it be signed by an 'Executive Magistrate' or maybe even just notarized??
(ii) If yes, did someone else face a similar issue?
(iii) If yes, is there a USCIS document I could send to satisfy their demand?
I did try to find a USCIS document but all it states is that ... IF the birth certificate is unavailable ... then "sworn affidavits" need to accompany non-availability certificate from a competent local government authority.
Please advise :(
PS: FYI, they went to the Palghar court in Maharashtra, India.
The rule is
If you dont have a birth certificate
- You need affidavites from both parents
If you have a birth certificate issued after 1 year of date of birth
- You need affidavites from both parents
If you have a birth certificate issued within 1 year of date of birth
- You do not need affidavites
Dont worry i applied for birth certificate in 2005 in india and submitted that along with affidavites from parents and the documents were accepted
simple1
10-04 07:43 PM
We live in business world. Bright Companies pay salary at bad economic times to retain skilled employees. Desi companies pay more even during bench to retain employees, american companies dont and lay them off. That is precicly the reason desi companies succeed.
where is Gandhi's quote that says dont draw salary during bench time.
On the other hand he has said
"Commonsense is the realised sense of proportion".
Mohandas Gandhi
It makes common sense (for companies) to pay more during bad economic times to retain bright people (current-loss and future-profit proportion).
Well I dont understand you guys... Why the hell u start cursing... If i was a Devil or what so ever taking a illegal route... I wouldnot have posted this question here but would have gone the route and started the process
Btw before cursing.. at least think twice...
and wat about all those desi who work with consultancy who stay on bench etc etc ... where does Oct 2nd/ gone for them..,..? I am sure people who cursed me were one of them !
Infact ateast I am open and willing to ask people before taking any unethical step or wrong step...!
Guys u need to change the attitude... either answer and help..or just dont take out your GC pain in form of curse on other members!
where is Gandhi's quote that says dont draw salary during bench time.
On the other hand he has said
"Commonsense is the realised sense of proportion".
Mohandas Gandhi
It makes common sense (for companies) to pay more during bad economic times to retain bright people (current-loss and future-profit proportion).
Well I dont understand you guys... Why the hell u start cursing... If i was a Devil or what so ever taking a illegal route... I wouldnot have posted this question here but would have gone the route and started the process
Btw before cursing.. at least think twice...
and wat about all those desi who work with consultancy who stay on bench etc etc ... where does Oct 2nd/ gone for them..,..? I am sure people who cursed me were one of them !
Infact ateast I am open and willing to ask people before taking any unethical step or wrong step...!
Guys u need to change the attitude... either answer and help..or just dont take out your GC pain in form of curse on other members!
more...
jliechty
August 14th, 2006, 11:40 AM
I'm sorry to react so strongly, also... It's important to remember that being there with the right light at the right time is what matters. Even if you've just got a drebel with the 18-55 or a d?0 with the 18-70, using the lenses at their strong points will make nice 11x14's or maybe even 16x20's depending on your taste for putting nose grease on your prints. ;)
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gcadream
12-10 07:43 AM
Its so depressing & frustrating Not to see any movement in EB2 dates. For the past 3 months there had been no movement in the EB2 dates. Every time I open with a hope that something will happen but its the same shit each time.
Don't know when this wait for GC will be over, friend of mine who spend equal or may be less time as me in UK had now got the PR of UK, some who went to AUS, S'Pore got PR within 1 yr and same with Canada...but this US is the only sucking place with screwed up policies which benefits only the business and govts.
Don't know when this wait for GC will be over, friend of mine who spend equal or may be less time as me in UK had now got the PR of UK, some who went to AUS, S'Pore got PR within 1 yr and same with Canada...but this US is the only sucking place with screwed up policies which benefits only the business and govts.
more...
kshitijnt
05-28 03:05 PM
Despite increase in visa fees the service is getting poorer and poorer. The US consulate in India has from long time set a arbitrary exchange rate of 54 USD. Despite this and even after having approved petitions, etc, people are getting PIMS verifications, 221(g) etc for no reason. Not to mention the consulate appearance is mandatory and many travel to the location of the consulate.
Despite charging boat loads of money, service is being denied or unreasonably delayed to most genuine cases as well. No body is questioning them on customer satisfaction etc.
I filed my 485 under new fees filing structure. Although it looked like expensive upfront cost, I don't pay a dime for my EAD/AP renewals and I am thinking of giving up my H1 when it expires later this year. Why pay them more when you dont have to? and put ourselves through, travel to consulates, additional questions, & 221(g) & PIMS crap?
This year Mumbai consulate took 3 months to process my wife's case , putting it under 221(g) and by the time they had finished processing , we were back in US on AP. Good riddance to the consulate.
Despite charging boat loads of money, service is being denied or unreasonably delayed to most genuine cases as well. No body is questioning them on customer satisfaction etc.
I filed my 485 under new fees filing structure. Although it looked like expensive upfront cost, I don't pay a dime for my EAD/AP renewals and I am thinking of giving up my H1 when it expires later this year. Why pay them more when you dont have to? and put ourselves through, travel to consulates, additional questions, & 221(g) & PIMS crap?
This year Mumbai consulate took 3 months to process my wife's case , putting it under 221(g) and by the time they had finished processing , we were back in US on AP. Good riddance to the consulate.
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hojo
09-05 09:32 PM
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go_getter007
12-20 11:45 AM
From your post, it sounds like she doesn't have an H4 stamp on her passport, but only the approval notice. She can't re-enter the US only by showing the approval notice at the port of entry. She needs to have the stamp on her passport as you already may be aware of.
Sending AP (or any other immigration document in original) outside of the US (e.g., to India) via courier/mail is risky, if not forbidden by law.
GG_007
PS: Not a lawyer, just my personal opinion.
Hi.
I have a question on whether Advance Parole is required for my wife to come back to the US.
She is coming back on December last week. Her H4 visa is expiring on JAN first week. she has her new H4 extension approval notice, 485 receipt notice with her. Does she need to have advance parole to come back?
(Her AP got approved after she left and I have received the docs recently. So I was wondering if I should fed-ex the docs to her).
Please advice
Sending AP (or any other immigration document in original) outside of the US (e.g., to India) via courier/mail is risky, if not forbidden by law.
GG_007
PS: Not a lawyer, just my personal opinion.
Hi.
I have a question on whether Advance Parole is required for my wife to come back to the US.
She is coming back on December last week. Her H4 visa is expiring on JAN first week. she has her new H4 extension approval notice, 485 receipt notice with her. Does she need to have advance parole to come back?
(Her AP got approved after she left and I have received the docs recently. So I was wondering if I should fed-ex the docs to her).
Please advice
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vin13
10-26 03:35 PM
Thanks all who replied to my thread. I am contacting Air France regarding this transit crap. I will post my experience on this forum, when I get answer from Airline.
One thing is for sure, I will never again travel by Air france, BA and Lufthansa.
I do not see why anyone should not travel on Air France or Lufthansa. You are not changing airports at Paris or Frankfort. So there is no requirement for a visa. It seems to be a simple one.
One thing is for sure, I will never again travel by Air france, BA and Lufthansa.
I do not see why anyone should not travel on Air France or Lufthansa. You are not changing airports at Paris or Frankfort. So there is no requirement for a visa. It seems to be a simple one.
more...
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koti
10-29 01:03 AM
Thanks for all your suggestions guys.
Looks like I can not file the new one in EB2 as long as I'm with the current employer as the masters degree completed after joining the current employer. I would have to look for a different employer in case I need to file a new one again.
Looks like I can not file the new one in EB2 as long as I'm with the current employer as the masters degree completed after joining the current employer. I would have to look for a different employer in case I need to file a new one again.
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boston_gc
05-30 08:09 PM
Please help....I am in a little bit precarious situation here...
I am frustrated working for Company A and I have a job offer from Company B..
My question is if
1: my I140 is approved from company A and
2: have H1b extended for 3 years for company A
3: get the H1b transferred over to Company B and then
leave the Company A and join Company B
Now Company A revokes I140
Will by H1B with Company B still valid?
I am frustrated working for Company A and I have a job offer from Company B..
My question is if
1: my I140 is approved from company A and
2: have H1b extended for 3 years for company A
3: get the H1b transferred over to Company B and then
leave the Company A and join Company B
Now Company A revokes I140
Will by H1B with Company B still valid?
more...
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indyanguy
01-14 12:43 PM
For a long time, I have had this urge to be self employed but personal reasons and the immigration system was a deterrent factor for me in turning this into a reality. Now that I have an EAD, I would like to reexplore this idea and wanted to know if there are any entrepreneurial organizations that I could become a member of that will help me network with like minded people. I have heard of TiE and am getting to know more about this organization. If any of you are members, feedback on how it has helped you will help a lot of people planning to join. Are there any other clubs/orgs that help people like me can bounce ideas off of and help bring together like minded people under the same roof?
Thanks
PS: I had plans of pursuing an MBA for the sole purpose of networking. Unfortunately, this is not something I can do at this point of time.
Thanks
PS: I had plans of pursuing an MBA for the sole purpose of networking. Unfortunately, this is not something I can do at this point of time.
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pd_recapturing
04-28 08:32 AM
I also exactly same cris email as legal_A_IN_limbo yesterday. My employer revoked my H1B.
Do not go by wordings of this message. I have not heard any message that says that previously approved H1B is revoked. I think, this is standard message that indicates that H1B has been revoked.
Do not go by wordings of this message. I have not heard any message that says that previously approved H1B is revoked. I think, this is standard message that indicates that H1B has been revoked.
more...
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rajmehrotra
10-16 01:57 PM
B-1 is a visitor's visa with no immigration intent. H1-B is dual intent. This needs to be figured out on a case-ta-case basis by an experienced attorney.
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CRAZYMONK
09-24 11:38 AM
but we received an RFE Yday forwarded from my old address which I moved out 1 year ago and filed AR11.
also the RFE stated that there is no G28 representation on our case and worst thing was online status is still pending.
We had lost 13 valuable days because of address they used in RFE.
Good Luck.!!
I think that is the reason you got it to your address instead of your attorney. They might have missed that G-28 or your attorney forgot to send in with other stuff.
Is that RFE just for G-28?
also the RFE stated that there is no G28 representation on our case and worst thing was online status is still pending.
We had lost 13 valuable days because of address they used in RFE.
Good Luck.!!
I think that is the reason you got it to your address instead of your attorney. They might have missed that G-28 or your attorney forgot to send in with other stuff.
Is that RFE just for G-28?
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Eternal_Hope
01-28 05:19 PM
There is a list of some prominent people in a Wiki article. Here is the link
http://en.wikipedia.org/wiki/List_of_Indian_Americans
Not sure how many of these are EB based though.
Maybe there are more like these for people of different nationalities; I didn't check.
http://en.wikipedia.org/wiki/List_of_Indian_Americans
Not sure how many of these are EB based though.
Maybe there are more like these for people of different nationalities; I didn't check.
GCVoice
12-20 11:46 AM
Yes. she has a valid H4 Visa stamping till Jan 10. and she is landing in Dec last week.
Thanks in advance
Thanks in advance
saileshdude
03-26 03:34 PM
My husband recieved a transfer notice for his I-485 from TSC saying that the
"Preliminary Processing of the application has been completed, and it has been transferred to USCIS office at Lee's summit , MO 64064. The office will notify you when they schedule an interview on the application."
I am the primary applicant and I am on H1. My husband was on H4 and now he is on EAD. My PD is July-04. Is any body in the same situation as me and received such transfer notice. I am really anxious about this. Please let me know is it somethign to worry about and what I take for the interview when I am called.
I will greatly appreciate any help with this.
Thanks.
Seems to me like TSC is processing application based on priority date rather than processing date posted. This seems to be different from NSC which usually goes by the processing date. Lately I have heard of couple of cases whose priority date were or close to being current and they were either sent an RFE or called for interview.
Anyway to OP, there are bunch of threads here on which talk people talk about their interview experience. All you can do is go through them , talk to your attorney and prepare accordingly.
"Preliminary Processing of the application has been completed, and it has been transferred to USCIS office at Lee's summit , MO 64064. The office will notify you when they schedule an interview on the application."
I am the primary applicant and I am on H1. My husband was on H4 and now he is on EAD. My PD is July-04. Is any body in the same situation as me and received such transfer notice. I am really anxious about this. Please let me know is it somethign to worry about and what I take for the interview when I am called.
I will greatly appreciate any help with this.
Thanks.
Seems to me like TSC is processing application based on priority date rather than processing date posted. This seems to be different from NSC which usually goes by the processing date. Lately I have heard of couple of cases whose priority date were or close to being current and they were either sent an RFE or called for interview.
Anyway to OP, there are bunch of threads here on which talk people talk about their interview experience. All you can do is go through them , talk to your attorney and prepare accordingly.
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