ivar
07-12 06:30 PM
Is it legal to file two I-485's ? If anyone can point to exact legal document or clause number.
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Madhuri
01-27 05:13 PM
All the threads related to contribution are so dead. It's the hard and sad TRUTH that after so many requests, people don't want to contribute....moreover they are fighting with each other. BRAVO skilled immigrants. If only 'some miracle' happens, people might consider contributing.
Today I need to travel back to India for emergency reason. I had a ticket available, but could not start since I need to book appointment for visa stamping. It will take at least 3 more days. I wish I had AP. I know everybody living here has to go through this some time in their lives, they can not be with their loved ones when it's warranted.
Guys please wake up and contibute....time is running out fast. Our future is in our hands, nobody is going to help us.
Today I need to travel back to India for emergency reason. I had a ticket available, but could not start since I need to book appointment for visa stamping. It will take at least 3 more days. I wish I had AP. I know everybody living here has to go through this some time in their lives, they can not be with their loved ones when it's warranted.
Guys please wake up and contibute....time is running out fast. Our future is in our hands, nobody is going to help us.
chanduv23
04-26 03:33 PM
My CTO had a fake resume which said he worked at NASA and studied at MIT. When they ran a background check, everything was false. He was fired. He is a US citizen
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div_bell_2003
10-16 02:16 PM
As far as my understanding goes , AC-21 is nothing but a rule/memo that allows you to change your GC sponsoring employer. You can decide not to send the AC-21 papers , which pretty much means that your previous company is still your GC sponsoring employer and you are required to work for them once the GC ( also please understand that GC is for a future position ) is approved and stay with them at least 6(or more) months otherwise later down the road ( when you might want to become citizen of this wonderful country) , it might cause some problems to the extent of USCIS determining that as some sort of immigration fraud.
My lawyer , who is with a pretty big law firm in the SF Bay area, had informed me that it is always a good idea to port the GC sponsoring employer when you change jobs, if you have no intention of going back to your previous employer and work after the GC is approved.
I've changed jobs and and my lawyer has sent the AC-21 papers recently (I don't exactly know what he has sent, but he did ask for my 485 receipt and if my I-140 has been approved )
I'd suggest not getting side tracked by the USCIS errors and do things the right way. Good luck.
My lawyer , who is with a pretty big law firm in the SF Bay area, had informed me that it is always a good idea to port the GC sponsoring employer when you change jobs, if you have no intention of going back to your previous employer and work after the GC is approved.
I've changed jobs and and my lawyer has sent the AC-21 papers recently (I don't exactly know what he has sent, but he did ask for my 485 receipt and if my I-140 has been approved )
I'd suggest not getting side tracked by the USCIS errors and do things the right way. Good luck.
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anai
09-18 10:31 AM
Hi, My wife and I received three emails each regarding 485 approval ("notice mailed welcoming new permanent resident," "CPO ordered," and "approval notice sent") on 9/8. My wife received her "welcome notice" and the card itself within a few days. But I have not received either yet.
1. I know the CPO email says wait 30 days, but given that my wife has already received hers, I suspect that mine was either sent to an incorrect address or there's some other hold up. Anyone else in a similar situation? Any thoughts/ideas/suggestions?
2. I guess I can wait 30 days and then apply for a replacement card with an I-90 (for which the current processing time is 3.5 months). How can I travel internationally in the interim? If anyone is aware, please let me know; I am trying to have a plan in place, in case an emergency arises.
Thanks to the two other posters, for their informative replies.
Here's a follow up. I just called USCIS to discover the following:
About two years ago, we moved and filed AR-11s. The address in their system shows a mix of old and new for me (whereas the address is right for my dear wife). And my card was sent to this incorrect address. What should happen next is that the card will be returned to them and then get mailed out again, but this time with the correct address. What will happen in reality is anybody's guess.
Updating here in case this is helpful to anyone else.
By now I am so used to having a constant 'green card concern' gnawing on a corner of the mind. We've probably grown so fond of each other over the years that even after 485 approval, it lingers on.
1. I know the CPO email says wait 30 days, but given that my wife has already received hers, I suspect that mine was either sent to an incorrect address or there's some other hold up. Anyone else in a similar situation? Any thoughts/ideas/suggestions?
2. I guess I can wait 30 days and then apply for a replacement card with an I-90 (for which the current processing time is 3.5 months). How can I travel internationally in the interim? If anyone is aware, please let me know; I am trying to have a plan in place, in case an emergency arises.
Thanks to the two other posters, for their informative replies.
Here's a follow up. I just called USCIS to discover the following:
About two years ago, we moved and filed AR-11s. The address in their system shows a mix of old and new for me (whereas the address is right for my dear wife). And my card was sent to this incorrect address. What should happen next is that the card will be returned to them and then get mailed out again, but this time with the correct address. What will happen in reality is anybody's guess.
Updating here in case this is helpful to anyone else.
By now I am so used to having a constant 'green card concern' gnawing on a corner of the mind. We've probably grown so fond of each other over the years that even after 485 approval, it lingers on.
longq
03-29 11:09 PM
Your lawyer is right. People are taking advantage of portabilty of PD in multiple 140s. However, they are forgetting fundamental of 140 sponsership. Your employer already filed a 140 for a higher level position (EB2) and now requesting again USCIS to approve a 140 for a lower level position (EB3) for same employee with in a months. How will you justify? Howmany job offer your employer can give you? Is there any logic involved, for a person already given a higher level position, to take a lower level position. In the eyes of USCIS, it will defintly looks like your employer is doing fraud and there is no genuine job offer to you. If it is otherway, it may not look bad. If your first I-140 was EB3 and second one is EB2, then there may be a logic.
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Jimi_Hendrix
11-17 04:34 PM
for agreeing about the layout for this thread and forum. Agreement is so blissful around here.
Now let us get to work and start actively working on IV's objectives:p
Now let us get to work and start actively working on IV's objectives:p
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martinvisalaw
03-16 04:27 PM
1) Since she doesn't have any paystub/w2, is it possible to do COS?
She doesn't need a paystub to change from H-4 to H-1B. In fact, a paystub would hurt since she should not be working in H-4 status.
2) If #1 is okay what are DOCs she or me (if applicable) has to provide.
The employer's attorney will tell her what documents she needs to probe her current status.
3) How long does it take to complete the COS if done by PP.
PP guarantees a response in 15 calendar days
4) How much risk does this case carry/what are the issues she could face?
What type of risk do you worry about? I don't see any more risk here than in any other H-1B petition.
She doesn't need a paystub to change from H-4 to H-1B. In fact, a paystub would hurt since she should not be working in H-4 status.
2) If #1 is okay what are DOCs she or me (if applicable) has to provide.
The employer's attorney will tell her what documents she needs to probe her current status.
3) How long does it take to complete the COS if done by PP.
PP guarantees a response in 15 calendar days
4) How much risk does this case carry/what are the issues she could face?
What type of risk do you worry about? I don't see any more risk here than in any other H-1B petition.
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InTheMoment
02-15 11:48 AM
Yes, it does apply to nationals from India.
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boreal
08-24 06:08 PM
#2 sorry about the tone. It was actually a copy paste from my email to a paid attorney.
Can you help with my queries: 1) What kind of queries can we expect from the DOL ? 2) what questions should I ask the potential employer ?
Please dont do this to all ppl waiting in the line.
Yeah, even if you go ahead and do it, very small chance that this would be approved because of the tougher regulations these days...
Can you help with my queries: 1) What kind of queries can we expect from the DOL ? 2) what questions should I ask the potential employer ?
Please dont do this to all ppl waiting in the line.
Yeah, even if you go ahead and do it, very small chance that this would be approved because of the tougher regulations these days...
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Robert Kumar
02-25 12:04 PM
The moment your H-1 is rejected and you dont have another underlying petition, you are technically out of status. You could apply for another H, but with a Consular Processing request. In other words you will be asked to leave the country and get a stamping before you start work again.
And not to affect your long term stay in the country, it is better to leave the country immediately.
One of my friends case was pending for more than 6 months with USCIS for H1B renewal, masters, and working at a client place. The employer checked with USCIS and they give a message " that the case needs further investigation".
What does this mean.
And not to affect your long term stay in the country, it is better to leave the country immediately.
One of my friends case was pending for more than 6 months with USCIS for H1B renewal, masters, and working at a client place. The employer checked with USCIS and they give a message " that the case needs further investigation".
What does this mean.
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Gravitation
04-09 05:00 AM
http://www.time.com/time/nation/article/0,8599,1607940,00.html
President Bush returns to the Mexico border at Yuma, Arizona,� Monday to reprise last year's role as buggy-riding border sheriff. And as with every piece of White House theater, this one has a very specific audience in mind: the anti-immigration right wing of the Republican party. It is this deeply skeptical crowd Bush must win over if he is to get the last potential domestic policy achievement of his presidency: "comprehensive immigration reform." And, with Congress' summer recess and the 2008 presidential primaries approaching, time is running out.
Bush will spend most of his time in Yuma talking about his achievements in combatting illegal immigration: nearly doubling the number of border guards, funding hundreds of miles of border fence, a significant uptick in border arrests and so on. He'll also talk about progress in cracking down on illegal hiring of undocumented workers by restaurants, hotels, construction and food processing plants, among other employers. Burnishing his credentials as a law-and-order border guard is key to the effort.
But the President's "comprehensive" reform includes more than border security, and that's where conservative skepticism comes in. His proposals, unveiled to Democrats for the first time two weeks ago, aim to create not just tougher border security and tighter domestic enforcement at work sites, but also a new guest worker program and a solution for the 11-12 million illegal immigrants in the country. Though these goals� are associated with a softer line on immigration, under his new plan, Bush has played to the hardline consensus among Republicans on these issues too.
Although the plan does create a guest worker program, Democrats and Republicans familiar with it say it would not offer new guest workers a faster track to citizenship than any other foreigner trying to become an American. And while the plan does offer a path to citizenship for the millions of illegal immigrants already in the country, it sets high hurdles: They would be sent to the end of the line of those applying for citizenship, would have to pay heavy fines for the years they have been in the country, would have to show that they have held a job while here, pay full back-taxes on their earnings and pass an English exam. And in a major departure from U.S. immigration policy as it has existed since 1965, the plan would do away with citizenship for their family members.
Even as Bush struts and frets on the GOP stage, Senator Edward Kennedy is doing the same for his audience, the pro-immigration left, which is calling for full amnesty for the illegal immigrants, a liberal guest worker program and broad new thresholds for immigration in coming years. Kennedy's staff says Bush will have to make concessions before Kennedy will sign up for the President's plan, and they insist the Massachusetts Senator won't back down on such core principles as reunification for immediate family members.
Yet, for all the appearance of conflict between the two men, each is well aware that he needs to the other to get an immigration reform bill passed � that's why they've been in deep discussions on the issue since the start this year. The positions each is taking now are less oriented towards coercing the other side than towards securing maximum support from within their own party. By giving the appearance of a deep Democrat-Republican divide, they increase the chances of winning their skeptics over to a compromise. Bush and Kennedy will have more leeway to make small concessions on fines or family reunification if each has the extremes of his own party on board.�
It's a smart strategy, but it faces tough challenges, as both men are finding it harder to rally even centrist support than it was a year ago. Thanks to the 2008 elections, two key Republican� backers of last year's effort at immigration reform, John McCain and Sam Brownback, have disappeared down the campaign trail. McCain had previously united with Kennedy to form a central Senate bloc for a compromise, while Brownback played a key role representing the compassionate right. Mel Martinez, a key Hispanic Republican voice in the debate, has also gone quiet since taking over the Republican National Committee.
For his part, Kennedy must deliver Democrats who in strictly political terms have no reason to back reform. The new Congress, under Democratic control, has had a very effective three-month run blocking Bush on everything from domestic proposals to foreign affairs and the war in Iraq. Handing the president a win on a major issue like immigration reform in the run up to the 2008 elections might be good policy, but it would be bad politics.
At some point between now and the end of May, when Senate majority leader Harry Reid has said the Senate will vote on immigration reform, the theater will end and real negotiating will begin. But with thin centrist backing, skeptical party extremes, and very little time to negotiate it will take more than compelling theater to get the deal done.
President Bush returns to the Mexico border at Yuma, Arizona,� Monday to reprise last year's role as buggy-riding border sheriff. And as with every piece of White House theater, this one has a very specific audience in mind: the anti-immigration right wing of the Republican party. It is this deeply skeptical crowd Bush must win over if he is to get the last potential domestic policy achievement of his presidency: "comprehensive immigration reform." And, with Congress' summer recess and the 2008 presidential primaries approaching, time is running out.
Bush will spend most of his time in Yuma talking about his achievements in combatting illegal immigration: nearly doubling the number of border guards, funding hundreds of miles of border fence, a significant uptick in border arrests and so on. He'll also talk about progress in cracking down on illegal hiring of undocumented workers by restaurants, hotels, construction and food processing plants, among other employers. Burnishing his credentials as a law-and-order border guard is key to the effort.
But the President's "comprehensive" reform includes more than border security, and that's where conservative skepticism comes in. His proposals, unveiled to Democrats for the first time two weeks ago, aim to create not just tougher border security and tighter domestic enforcement at work sites, but also a new guest worker program and a solution for the 11-12 million illegal immigrants in the country. Though these goals� are associated with a softer line on immigration, under his new plan, Bush has played to the hardline consensus among Republicans on these issues too.
Although the plan does create a guest worker program, Democrats and Republicans familiar with it say it would not offer new guest workers a faster track to citizenship than any other foreigner trying to become an American. And while the plan does offer a path to citizenship for the millions of illegal immigrants already in the country, it sets high hurdles: They would be sent to the end of the line of those applying for citizenship, would have to pay heavy fines for the years they have been in the country, would have to show that they have held a job while here, pay full back-taxes on their earnings and pass an English exam. And in a major departure from U.S. immigration policy as it has existed since 1965, the plan would do away with citizenship for their family members.
Even as Bush struts and frets on the GOP stage, Senator Edward Kennedy is doing the same for his audience, the pro-immigration left, which is calling for full amnesty for the illegal immigrants, a liberal guest worker program and broad new thresholds for immigration in coming years. Kennedy's staff says Bush will have to make concessions before Kennedy will sign up for the President's plan, and they insist the Massachusetts Senator won't back down on such core principles as reunification for immediate family members.
Yet, for all the appearance of conflict between the two men, each is well aware that he needs to the other to get an immigration reform bill passed � that's why they've been in deep discussions on the issue since the start this year. The positions each is taking now are less oriented towards coercing the other side than towards securing maximum support from within their own party. By giving the appearance of a deep Democrat-Republican divide, they increase the chances of winning their skeptics over to a compromise. Bush and Kennedy will have more leeway to make small concessions on fines or family reunification if each has the extremes of his own party on board.�
It's a smart strategy, but it faces tough challenges, as both men are finding it harder to rally even centrist support than it was a year ago. Thanks to the 2008 elections, two key Republican� backers of last year's effort at immigration reform, John McCain and Sam Brownback, have disappeared down the campaign trail. McCain had previously united with Kennedy to form a central Senate bloc for a compromise, while Brownback played a key role representing the compassionate right. Mel Martinez, a key Hispanic Republican voice in the debate, has also gone quiet since taking over the Republican National Committee.
For his part, Kennedy must deliver Democrats who in strictly political terms have no reason to back reform. The new Congress, under Democratic control, has had a very effective three-month run blocking Bush on everything from domestic proposals to foreign affairs and the war in Iraq. Handing the president a win on a major issue like immigration reform in the run up to the 2008 elections might be good policy, but it would be bad politics.
At some point between now and the end of May, when Senate majority leader Harry Reid has said the Senate will vote on immigration reform, the theater will end and real negotiating will begin. But with thin centrist backing, skeptical party extremes, and very little time to negotiate it will take more than compelling theater to get the deal done.
more...
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nvsreddy
10-07 01:26 PM
My case is also in the same boat, My case transferred from TSC to VSC on July 20th 2009, after that I applied for AP to VSC on 7th of Aug 2009 and I haven't got any update on AP yet (did expedite the process on Sept 28th 09 through SR) ....after so many calls to TSC and VSC came to know that my case is transferred from TSC to VSC for security check and reached VSC on Sept 28th 09 (so it took more than 2 months to reach from TSC to VSC.....I think ppl will walk from TSC to VSC to transfer a case :) )
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immigrationvoice1
04-09 04:37 PM
Hi Gurus,
I have got a new job and the company is asking me to work on EAD. Could anyone please tell me how to use AC21. do i need to fill any forms and is there any approval process involved ?
Just fill the I-9 form that your employer provides with the EAD information. The new employer may ask for a copy of your EAD and passport.
I have got a new job and the company is asking me to work on EAD. Could anyone please tell me how to use AC21. do i need to fill any forms and is there any approval process involved ?
Just fill the I-9 form that your employer provides with the EAD information. The new employer may ask for a copy of your EAD and passport.
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webm
02-27 02:40 PM
1) EB3 people believe and argue that it doesn't matter.
2) From what I have noticed on , eb1 > eb2 > eb3.
3) But it's not like USCIS will process all eb1 cases, then eb2 cases, and finally eb3 cases.
4) In the end, USCIS is a black box system and no one knows exactly how they work.
5) If your PD is current, be happy and your GC should come soon enough. Why bother about the details?
6) The simple logic is, eb1 has higher qualifications than eb2, and eb2 has more qualifications compared to eb3. If you believe they treat everyone the same, then be happy and stick with your belief.
Well said..I agree with you!!
2) From what I have noticed on , eb1 > eb2 > eb3.
3) But it's not like USCIS will process all eb1 cases, then eb2 cases, and finally eb3 cases.
4) In the end, USCIS is a black box system and no one knows exactly how they work.
5) If your PD is current, be happy and your GC should come soon enough. Why bother about the details?
6) The simple logic is, eb1 has higher qualifications than eb2, and eb2 has more qualifications compared to eb3. If you believe they treat everyone the same, then be happy and stick with your belief.
Well said..I agree with you!!
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gcForV
07-12 10:57 AM
As other mentioned sending a certified letter to all senators/congress would be a good idea.
sending them all in a 2-3 days span would be good.
sending them all in a 2-3 days span would be good.
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gcwait2007
10-21 10:29 AM
Great Work Ashkam. Please accept my appreciations.
Do you have any similar 'SOP' for I-140? I googled and could not find one.
If you have one for I-140, can you pls post the same?
Thanks in advance.
Do you have any similar 'SOP' for I-140? I googled and could not find one.
If you have one for I-140, can you pls post the same?
Thanks in advance.
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test101
07-19 02:09 PM
Yes you can. I'm not from india but i had the original BC and i got ranslated in the US.
you can find translaters in Yellow pages and ask them if they do translation for immigration.
you can find translaters in Yellow pages and ask them if they do translation for immigration.
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ras
06-04 02:34 PM
This is useful for those singles who have applied for green card but are worried about getting it before being married. And there appears to be quite a number of them.
Even if it is not useful for all those married green card applicants, this is a huge thing for the singles even if they are in the long Q. This is a long term solution for a section of the IV community. Because it is not useful to married doesn't mean that it is not relevant to IV community.
I have seen people who didn't apply during July fiasco though they are eligible just because they cannot bring the spouse if they get married. Absolutely it is relevant to all those singles out there in this community.
Even if it is not useful for all those married green card applicants, this is a huge thing for the singles even if they are in the long Q. This is a long term solution for a section of the IV community. Because it is not useful to married doesn't mean that it is not relevant to IV community.
I have seen people who didn't apply during July fiasco though they are eligible just because they cannot bring the spouse if they get married. Absolutely it is relevant to all those singles out there in this community.
illiguy2000
07-13 06:57 PM
Done
AUNTYMARGARET
04-16 04:13 PM
1. Sell all my stuff.
2. Transfer all my liquid money to home country.
2. Rent a one way van in New York.
3. Drive cross country with family and have fun. Meet all my friends on the way.
4. Return the van in San Francisco, take one way ticket to India.
5. Start a fresh life in India, free of immigration woes.
6. May be use I-485 receipt in Air India toilet on the way home (might hurt a bit but that is OK).
If after 10 years in this country, I-485 gets denied, I would not care for my H1-B status at all. I am speaking out of my heart, please do not give me red dots for that.[/QUOTE]
I LIKE YOU... this is what I call going out with your head held up high!! Go Guru!!
2. Transfer all my liquid money to home country.
2. Rent a one way van in New York.
3. Drive cross country with family and have fun. Meet all my friends on the way.
4. Return the van in San Francisco, take one way ticket to India.
5. Start a fresh life in India, free of immigration woes.
6. May be use I-485 receipt in Air India toilet on the way home (might hurt a bit but that is OK).
If after 10 years in this country, I-485 gets denied, I would not care for my H1-B status at all. I am speaking out of my heart, please do not give me red dots for that.[/QUOTE]
I LIKE YOU... this is what I call going out with your head held up high!! Go Guru!!
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