Lasantha
04-01 08:22 PM
I don't see any advantage in doing that but then I am not an expert or an attorney either.
Thanks,
Ok, let me put it this way.
Is the any advantage (or not), filing 140 1st, and lets say your PD is already current, file AOS later. I.E. file them Separately, not in the same packet.
So in this scenario, is the any difference vs. filing concurrently or not?
Thanks,
Ok, let me put it this way.
Is the any advantage (or not), filing 140 1st, and lets say your PD is already current, file AOS later. I.E. file them Separately, not in the same packet.
So in this scenario, is the any difference vs. filing concurrently or not?
gcformeornot
09-27 08:58 AM
What will be my options to maintain my immigration status in the following scenario:
AC21 is not filed after joining the new employer (new job since 2 months).
If the previous employer revoked the I-140.
Have the same job/role and responsibilities with my new employer.
No gap between previous and new current employer.
Status of I-140 remains approved and I-485 remains pending in USCIS website.
Should I proceed AC21 filing immediately? Is there anything need to be done in order to keep the immigration status legal?
I would really appreciate your valuable suggestions.
Thank you
right now. But be prepared with EVL new employer incase your old employer revokes 140... USCIS might send you NOID or RFE in that case you will need a detailed EVL from new employer.
My lawyer insisted on sending EVL immediately after Job change in order to protect from potential NOID or RFE... or even Denial of 485 as it has happened in some cases.
AC21 is not filed after joining the new employer (new job since 2 months).
If the previous employer revoked the I-140.
Have the same job/role and responsibilities with my new employer.
No gap between previous and new current employer.
Status of I-140 remains approved and I-485 remains pending in USCIS website.
Should I proceed AC21 filing immediately? Is there anything need to be done in order to keep the immigration status legal?
I would really appreciate your valuable suggestions.
Thank you
right now. But be prepared with EVL new employer incase your old employer revokes 140... USCIS might send you NOID or RFE in that case you will need a detailed EVL from new employer.
My lawyer insisted on sending EVL immediately after Job change in order to protect from potential NOID or RFE... or even Denial of 485 as it has happened in some cases.
hpandey
11-12 11:05 AM
Why have you created 56,098 threads on the same topic?
If the number of threads is really 56,098 then it means that the number of threads are more than the number of IV Members :)
This is interpreted as hijacking a web-forum so that no one else can use it. I wish someone would do something about it. Spamming never did good for any agenda.
If the number of threads is really 56,098 then it means that the number of threads are more than the number of IV Members :)
This is interpreted as hijacking a web-forum so that no one else can use it. I wish someone would do something about it. Spamming never did good for any agenda.
solaris27
10-03 09:16 AM
anyone is ok
more...
burnt
03-08 10:37 PM
Same for me... I went to India...I followed the process while boarding and gave the passport to Airlines guy. But Somehow noticed after boarding the plane that he had not stamped my passport. So that I-94 came back with me when I reentered USA, But I did not say anything to the Immigration Officer at the POE, and got a new I-94. Will this effect my I-485?
chanduv23
11-05 05:16 AM
Wow, Tri State has 88 registered members (all 3 states combined).
I think TX is really doing great in that sense. Come on TX folks, this is your chance. Join the State chapter and help yoursleves
I think TX is really doing great in that sense. Come on TX folks, this is your chance. Join the State chapter and help yoursleves
more...
dallasmbs
07-17 05:40 PM
USCIS Announces Revised Processing Procedures for
Adjustment of Status Applications
WASHINGTON�U.S. Citizenship and Immigration Services (USCIS) announced that, beginning immediately, it will accept employment-based applications to adjust status (Form I-485) filed by aliens whose priority dates are current under the July Visa Bulletin, No. 107. USCIS will accept applications filed not later than August 17, 2007.
On July 2, 2007, USCIS announced that it would not accept any additional employment-based applications to adjust status. USCIS made that announcement after receiving an update from the Department of State that it would not authorize any additional employment-based visa numbers for this fiscal year. After consulting with USCIS, the Department of State has advised that Bulletin #107 (dated June 12) should be relied upon as the current July Visa Bulletin for purposes of determining employment visa number availability, and that Visa Bulletin #108 (dated July 2) has been withdrawn.
�The public reaction to the July 2 announcement made it clear that the federal government�s management of this process needs further review,� said Emilio Gonzalez, USCIS Director. �I am committed to working with Congress and the State Department to implement a more efficient system in line with public expectations.�
USCIS�s announcement today allows anyone who was eligible to apply under Visa Bulletin No. 107 a full month�s time to do so. Applications already properly filed with USCIS will also be accepted. The current fee schedule will apply to all applications filed under Visa Bulletin No. 107 through August 17, 2007. (The new fee schedule that becomes effective on July 30, 2007, will apply to all other applications filed on or after July 30, 2007).
From Greg Siskind
Adjustment of Status Applications
WASHINGTON�U.S. Citizenship and Immigration Services (USCIS) announced that, beginning immediately, it will accept employment-based applications to adjust status (Form I-485) filed by aliens whose priority dates are current under the July Visa Bulletin, No. 107. USCIS will accept applications filed not later than August 17, 2007.
On July 2, 2007, USCIS announced that it would not accept any additional employment-based applications to adjust status. USCIS made that announcement after receiving an update from the Department of State that it would not authorize any additional employment-based visa numbers for this fiscal year. After consulting with USCIS, the Department of State has advised that Bulletin #107 (dated June 12) should be relied upon as the current July Visa Bulletin for purposes of determining employment visa number availability, and that Visa Bulletin #108 (dated July 2) has been withdrawn.
�The public reaction to the July 2 announcement made it clear that the federal government�s management of this process needs further review,� said Emilio Gonzalez, USCIS Director. �I am committed to working with Congress and the State Department to implement a more efficient system in line with public expectations.�
USCIS�s announcement today allows anyone who was eligible to apply under Visa Bulletin No. 107 a full month�s time to do so. Applications already properly filed with USCIS will also be accepted. The current fee schedule will apply to all applications filed under Visa Bulletin No. 107 through August 17, 2007. (The new fee schedule that becomes effective on July 30, 2007, will apply to all other applications filed on or after July 30, 2007).
From Greg Siskind
dummgelauft
09-10 02:08 PM
I have finished my 6 years quota of H1B and right now I am on TN visa (I am Canadian). Since I started the green card process a little late, I still need more time to finish the green card process. So, my question is, is there any way I can go back to H1B visa again once my TN visa expires. I can not renew my TN because I have applied already for I-140 and that shows my intent to immigrate to US.
Thanks
Theo
..but do you want to. Have you not filed your I 485 yet? If you have filed I-485 and it has been pending for 180 days or more, get an EAD (I-765). If your priority date is not current and you have not filed your I-485, you can get a new H1B. With an approved I-140, the 6 year limit does not hold. You can keep on getting H1B renewals, in 3 year extensions, 'til such a time as you can get an EAD or your I-485 is approved. So, yes, its doable, but I would strongly recommned going to EAD, if you can.
DO NOT, UNDER ANY CIRCUMSTANCE, try and renew your TN. It has been wrongly pointed out by one member that I-140 is "not immigrant intent". Well, that is plain "WRONG". It is the I-140 that is the "Immigrant Petition". I-485 is just an application to "adjust your status".
Thanks
Theo
..but do you want to. Have you not filed your I 485 yet? If you have filed I-485 and it has been pending for 180 days or more, get an EAD (I-765). If your priority date is not current and you have not filed your I-485, you can get a new H1B. With an approved I-140, the 6 year limit does not hold. You can keep on getting H1B renewals, in 3 year extensions, 'til such a time as you can get an EAD or your I-485 is approved. So, yes, its doable, but I would strongly recommned going to EAD, if you can.
DO NOT, UNDER ANY CIRCUMSTANCE, try and renew your TN. It has been wrongly pointed out by one member that I-140 is "not immigrant intent". Well, that is plain "WRONG". It is the I-140 that is the "Immigrant Petition". I-485 is just an application to "adjust your status".
more...
kartikiran
08-17 05:24 PM
Recently(July 12th 2009) travelled from Hyd to JFK via Dubai on AP. No problems with the airlines. Had to clear the secondary inspection at JFK airport ala Shahrukh Khan...;)
Note, was using my AP for the 2nd time within an year travelling from India.
I just came back this afternoon (1:30 PM EST) via Dubai...Atlanta..from Chennai.. Just showed AP document and passport.. no questions asked...
Airline just verified AP at Chennai and Dubai to ensure I travel with valid documentation to USA.
sanjay02: Dependents may need to produce Primary Applicant's 485 receipt just incase they ask.. Not sure if it really matters as there is no primary or dependent on AP document mentioned.
Hope this helps!
Note, was using my AP for the 2nd time within an year travelling from India.
I just came back this afternoon (1:30 PM EST) via Dubai...Atlanta..from Chennai.. Just showed AP document and passport.. no questions asked...
Airline just verified AP at Chennai and Dubai to ensure I travel with valid documentation to USA.
sanjay02: Dependents may need to produce Primary Applicant's 485 receipt just incase they ask.. Not sure if it really matters as there is no primary or dependent on AP document mentioned.
Hope this helps!
sukhyani
04-18 05:33 PM
Can we not create a poll the way we have done in the past where we can see a chart?
more...
dan19
08-28 03:16 PM
My lawyer is arguing that a MS degree in CS would be sufficient evenif I don't have a BS CS degree.
I didn't realize my attorney was too incompetent when I hired him. The sole purpose of appointing an attorney was to make my life easy. Rather he is giving me a hard time.
Mention clearly what is indicated in job requirements. If the labor did not allow for BS in any enggg or related engg and just asked for BS in CS your I-140 will be denied for sure. No need to wait for the denial. Why did your attorney filed a labor like that for you knowing you do not have BS in CS.
I didn't realize my attorney was too incompetent when I hired him. The sole purpose of appointing an attorney was to make my life easy. Rather he is giving me a hard time.
Mention clearly what is indicated in job requirements. If the labor did not allow for BS in any enggg or related engg and just asked for BS in CS your I-140 will be denied for sure. No need to wait for the denial. Why did your attorney filed a labor like that for you knowing you do not have BS in CS.
vikramy
06-05 03:12 PM
Some of the answers i know. I did a H1 transfer in 2004 and travelled to india.
I have to leave for India on Saturday for my wedding next weekend.
My possible scenarios :-
1, Case status online changes to Approved, I can travel to India before receiving the approval notice ?
Yes. Make arrangements for your company to send you these approval notice to India
2, Case status is still pending, they need more RFE. In that case, can I ask my new company to provide the RFE when I am in India ?
For h1 transfer i think yes. Alway your company responds. You need to just provide the info. confirm with others, i am not completely confident
3, Case status approved, I wait for a couple of days before I get my I-797 approval notice, that means I will have to change my travel plans. I really can't put it off, since I am traveling for my wedding next weekend.
You can travel and your company can send you the approval. I did it in 2004
Can someone advise ?
My travel to India is definitely happening, but can I go and get my visa renewed along with my wife, and come back ?
yes, but your visa has to be renewed on new approval. Old approval may not be valid. If you already have a valid visa you don't need a new visa. (This was what i was told that time. Things may have changed) Always better to get a new stamping
Thanks, and keep up all the good work.
I have to leave for India on Saturday for my wedding next weekend.
My possible scenarios :-
1, Case status online changes to Approved, I can travel to India before receiving the approval notice ?
Yes. Make arrangements for your company to send you these approval notice to India
2, Case status is still pending, they need more RFE. In that case, can I ask my new company to provide the RFE when I am in India ?
For h1 transfer i think yes. Alway your company responds. You need to just provide the info. confirm with others, i am not completely confident
3, Case status approved, I wait for a couple of days before I get my I-797 approval notice, that means I will have to change my travel plans. I really can't put it off, since I am traveling for my wedding next weekend.
You can travel and your company can send you the approval. I did it in 2004
Can someone advise ?
My travel to India is definitely happening, but can I go and get my visa renewed along with my wife, and come back ?
yes, but your visa has to be renewed on new approval. Old approval may not be valid. If you already have a valid visa you don't need a new visa. (This was what i was told that time. Things may have changed) Always better to get a new stamping
Thanks, and keep up all the good work.
more...
niceguy
12-18 05:25 PM
NSC wants to revoke my approved I140 when they were reviewing my 485 case. I140 is approved in TSC and 485 was in NSC. The reason was education. NSC and TSC are way different each other on how they look into education. I have Dip Comp Engg(polytechnic)+AMIETE+MS (BITS, Pilani). Though TSC approved my I140, NSC is questioning on the evaluation of AMIETE to US BS and MS,BITS to US MS. We replied and awaiting to hear from USCIS. I filed this labor in 2001 and it is my own labor. All 6+ years wait is in question now. My case is in EB2.
So, nothing is guaranteed and granted in the world :) event after you get it.
Best of luck.
So, nothing is guaranteed and granted in the world :) event after you get it.
Best of luck.
paskal
12-14 12:45 AM
for those that have not visited the MN thread under the separate forum for chapters, here is the link:
http://immigrationvoice.org/forum/showthread.php?p=37195#post37195
http://immigrationvoice.org/forum/showthread.php?p=37195#post37195
more...
snathan
05-17 04:48 PM
Hi,
I mom is from Nepal and Dad from India. Marriages between India and nepal is very common in my place, as we are border state. even my brother is married to nepali citizen and we have all my maternal family in Nepal.
I was born in Nepal, but my parents never thought that getting nepali passport would matter, as we were in India. On passport and other documents my I put India as my birth place and no one ever asked for proof of birth place in India back then.
Now for GC, i would need proof of birth( which i have, but from nepal) and that doesnt match my passport.
Would it be advisable to correct my place of birth in Indian passport and all the records now? Can I have "nepal" as my place of birth in indian passport? Will be be still considered Indian citizen?
How does all this affect my GC process? Any unseen dangers/after affects/side effects. please give your suggestions.
You can have place of birth as Nepal and you would come under Nepal for GC Chargeability. So you dont have to wait the long Indian line.
I mom is from Nepal and Dad from India. Marriages between India and nepal is very common in my place, as we are border state. even my brother is married to nepali citizen and we have all my maternal family in Nepal.
I was born in Nepal, but my parents never thought that getting nepali passport would matter, as we were in India. On passport and other documents my I put India as my birth place and no one ever asked for proof of birth place in India back then.
Now for GC, i would need proof of birth( which i have, but from nepal) and that doesnt match my passport.
Would it be advisable to correct my place of birth in Indian passport and all the records now? Can I have "nepal" as my place of birth in indian passport? Will be be still considered Indian citizen?
How does all this affect my GC process? Any unseen dangers/after affects/side effects. please give your suggestions.
You can have place of birth as Nepal and you would come under Nepal for GC Chargeability. So you dont have to wait the long Indian line.
techbuyer77
06-12 08:21 PM
my lawyer said it was ok as long as I go back to work for them uon approval. GC is for future job, not current, according to USCIS Director memo.
The problem is my previous employer is not doing well due to economy :(
so I might not have a job upon approval
Please do not imply I am doing something illegal, because it is not that way.
The problem is my previous employer is not doing well due to economy :(
so I might not have a job upon approval
Please do not imply I am doing something illegal, because it is not that way.
more...
andr.in
10-05 03:44 AM
It was all done in 3DS MAX! =)
http://www.hot.ee/syko/kirupaf1.jpg
btw: I made the sig today and it took me about 10 minutes or so... =)
http://www.hot.ee/syko/kirupaf1.jpg
btw: I made the sig today and it took me about 10 minutes or so... =)
ajkastar
07-27 11:40 AM
Friends,
Finally my 485 is approved,
" On July 26, 2007, we mailed you a notice that we have approved this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS"
Long wait is over....
I thank IV core members and all others for their efforts and information.
Case details
EB3 - India
PD - Nov2003
RD - Aug 2004
Approved - 7/26/2007
RFE - Birth Certificate and 325, Yes replied last Sept.
Finally my 485 is approved,
" On July 26, 2007, we mailed you a notice that we have approved this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS"
Long wait is over....
I thank IV core members and all others for their efforts and information.
Case details
EB3 - India
PD - Nov2003
RD - Aug 2004
Approved - 7/26/2007
RFE - Birth Certificate and 325, Yes replied last Sept.
ragz4u
01-31 04:36 PM
http://rawstory.com/news/2005/State_of_Union_excerpts._0131.html
On Competitiveness:
"The American economy is pre-eminent - but we cannot afford to be complacent. In a dynamic world economy, we are seeing new competitors like China and India."
"We must continue to lead the world in human talent and creativity. Our greatest advantage in the world has always been our educated, hard-working, ambitious people - and we are going to keep that edge."
On Competitiveness:
"The American economy is pre-eminent - but we cannot afford to be complacent. In a dynamic world economy, we are seeing new competitors like China and India."
"We must continue to lead the world in human talent and creativity. Our greatest advantage in the world has always been our educated, hard-working, ambitious people - and we are going to keep that edge."
tdasara
08-28 04:02 PM
Remember to get a MS in Computer Science you have to complete a few prerequisites else no University would offer you the degree.
If your Prevailing Wage Requirement states the minimum requirement is MS in CS (and/or experience) you should be good.
If your Prevailing Wage Requirement states the minimum requirement is MS in CS (and/or experience) you should be good.
Widget
05-25 06:51 PM
What about validating the visas in the US? I think it was some where in Brownback amnd.
Some of the salient points concerning legal immigrants in the CIR bill in its current form:
1. Bingaman amendment caps the EB green cards at 650,000 which includes derivatives like spouses.
Comments: Previously we had 290,000 for EB green cards, but we also did not have the increased number of H1Bs and the new guest worker category H2C which is around 200,000 every year and soon they will be eligible to apply for the EB green cards which essentially increases the number of people eligible to file every year. not sure when H2C workers are eligible to file for green cards. I think H2C applicants for green cards are exempt from cap till 2009 (Pls correct me if I am wrong). Can expect a significant relief from STEM applicants. Don't know about the cap for Family based applicants
2. STEM applicants exempt from cap even if they have not been working in exactly the same discipline as their STEM master�s degree.
Comments: It is VERY essential that this part of the bill be preserved in the upcoming debates for the final version since one significant relief from derivatives being exempted has been removed thanks to Sen. Bingaman. Don't know how the derivatives of STEM applicants are going to be considered.
3. No hard limit on countries. Soft cap protects visa numbers from being wasted by their downward flow.
Comments: This is definitely going in the right direction but I still feel the exemption of derivatives and STEM provided the biggest break for EB based applicants
4. File I 485 even if priority date is not current.
Comments: Provides relief where spouses can't work and can start using AC21 provisions.
Looking at the above provisions point #2 is very important to all EB categories because this is the one that provides most relief from the cap of 650,000. If anyone would like to add to these comments pls do so.... I might have analyzed certain provisions incorrectly.
And finally congratulations to all volunteers and contributors to IV for a job well done!
Some of the salient points concerning legal immigrants in the CIR bill in its current form:
1. Bingaman amendment caps the EB green cards at 650,000 which includes derivatives like spouses.
Comments: Previously we had 290,000 for EB green cards, but we also did not have the increased number of H1Bs and the new guest worker category H2C which is around 200,000 every year and soon they will be eligible to apply for the EB green cards which essentially increases the number of people eligible to file every year. not sure when H2C workers are eligible to file for green cards. I think H2C applicants for green cards are exempt from cap till 2009 (Pls correct me if I am wrong). Can expect a significant relief from STEM applicants. Don't know about the cap for Family based applicants
2. STEM applicants exempt from cap even if they have not been working in exactly the same discipline as their STEM master�s degree.
Comments: It is VERY essential that this part of the bill be preserved in the upcoming debates for the final version since one significant relief from derivatives being exempted has been removed thanks to Sen. Bingaman. Don't know how the derivatives of STEM applicants are going to be considered.
3. No hard limit on countries. Soft cap protects visa numbers from being wasted by their downward flow.
Comments: This is definitely going in the right direction but I still feel the exemption of derivatives and STEM provided the biggest break for EB based applicants
4. File I 485 even if priority date is not current.
Comments: Provides relief where spouses can't work and can start using AC21 provisions.
Looking at the above provisions point #2 is very important to all EB categories because this is the one that provides most relief from the cap of 650,000. If anyone would like to add to these comments pls do so.... I might have analyzed certain provisions incorrectly.
And finally congratulations to all volunteers and contributors to IV for a job well done!
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