sparky_jones
10-27 03:58 PM
Folks - everyday I go to sleep I wish that tomorrow the sun will rise in the west. When I wake up I see that nothing has changed.
Change is hard - but change definitely brings new hope and prosperity.
With bad economy, Green Card issues, visa retrogression, layoffs, bad stocks, housing crisis and with growing inflation - all we do is hope and strive towards betterment.
Diwali is a celebration of the victory of good over evil and I wish this Diwali will bring victory to the well deserved.
Lets all be together in turbulent times and work towards the change that we always want to see.
IV has helped us all and continue to help us. IV is nothing but all of us together. Lets all pledge our support to IV on this thread.
A very nice message! Happy Diwali to you too!
Change is hard - but change definitely brings new hope and prosperity.
With bad economy, Green Card issues, visa retrogression, layoffs, bad stocks, housing crisis and with growing inflation - all we do is hope and strive towards betterment.
Diwali is a celebration of the victory of good over evil and I wish this Diwali will bring victory to the well deserved.
Lets all be together in turbulent times and work towards the change that we always want to see.
IV has helped us all and continue to help us. IV is nothing but all of us together. Lets all pledge our support to IV on this thread.
A very nice message! Happy Diwali to you too!
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sanjay02
10-17 02:19 PM
I had a interview in Feb 2009 , keep all the documents ready. Your wife and youself can go at the same time.
1) Marriage certificate( If ur married :-))
2) All your transcripts for your schools
3) Passports
4) H1-B, EAD, AP copies, I-485 receipt # copies.
5) Any other communications you had with USCIS copies of it.
6) W-2 for last 3 yrs( if you have them), pay slips.
7) Employment letter from your employer
8) AC-21 etc.
9) Copies of your utilities bill, mortgage/lease papers.
10) Birth certificate of all applicants.
11) Family photos etc ( optional).
Interview will be in the 2nd floor not more than 20 or 25 mins. Take an lawyer/attorney with you if necessary.
Thnks
1) Marriage certificate( If ur married :-))
2) All your transcripts for your schools
3) Passports
4) H1-B, EAD, AP copies, I-485 receipt # copies.
5) Any other communications you had with USCIS copies of it.
6) W-2 for last 3 yrs( if you have them), pay slips.
7) Employment letter from your employer
8) AC-21 etc.
9) Copies of your utilities bill, mortgage/lease papers.
10) Birth certificate of all applicants.
11) Family photos etc ( optional).
Interview will be in the 2nd floor not more than 20 or 25 mins. Take an lawyer/attorney with you if necessary.
Thnks
sk8er
04-16 09:04 PM
I cannot read the above post
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tdasara
08-22 09:14 PM
That's because most people do even know what a I-485 looks like :confused: and will likely not know for years!
more...
shanti
02-25 10:01 AM
Thank you Akred
So to put this clear... I have experience abroad matching the labor job profile of 4 years. Then I have experience in U.S. with employer A (no labor related only an H-1B) for 3 years. Then I worked one year with employer B and after that -in Feb 2005- Employer B applied for Labor. So my relevant experience that I could use to say the job is same or similar is my 4 ys abroad with similar job description plus the 3 years in US with company A so total 7 years.
When I joined company B (the labor sponsoring company) I already had 7 ys experience in other employer than B, so for same or similar I could use up to 7 ys experience requirement as long as the job description and title are almost the same (which they are)?.
I know this is an interesting question which many people probably have. I posted the question for the Conference call so that people which will be or are in the same situation could know for sure how to handle this isssue.
So to put this clear... I have experience abroad matching the labor job profile of 4 years. Then I have experience in U.S. with employer A (no labor related only an H-1B) for 3 years. Then I worked one year with employer B and after that -in Feb 2005- Employer B applied for Labor. So my relevant experience that I could use to say the job is same or similar is my 4 ys abroad with similar job description plus the 3 years in US with company A so total 7 years.
When I joined company B (the labor sponsoring company) I already had 7 ys experience in other employer than B, so for same or similar I could use up to 7 ys experience requirement as long as the job description and title are almost the same (which they are)?.
I know this is an interesting question which many people probably have. I posted the question for the Conference call so that people which will be or are in the same situation could know for sure how to handle this isssue.
kaisersose
07-23 09:01 AM
All,
I feel that those who concurrently filed I-140/485 in July 2007 are very lucky!
Here is my situation -
Previous Employer -
EB3,PD-Jan'04,I-140 cleared. Switched in June 2007 and wasn't able to file I-485 in July 2007
New Employer -
EB2, PD-Dec'-07, I-140 (Feb'08 - pending)
Question -
Based on Jun'08 Visa bulletin the dates for EB2-India were at Apr'04. Filed for I-140/485 based on my old priority date for EB3 labor (Jan'04). Explaining USCIS for PD transfer.
Well, folks at NSC did not understand the PD transfer concept and send my application back. Unclear as to what do now. I guess need to wait until the dates for EB2-India reach Dec'07 such that I can file.
Any "Creative" thoughts on how to approach USCIS moving forward.
Thanks in advance for your replies.
Aamchimumbai
You do not have to wait till Dec 07 becomes current. I assume when you applied for your second 140, you already requested them to use the earlier EB-3 PD. So when your EB2 140 is approved, it will have the earlier PD, which means you can apply for 485 when your 04 date is current.
Now all you have to do is wait for your 140 to be approved.
I feel that those who concurrently filed I-140/485 in July 2007 are very lucky!
Here is my situation -
Previous Employer -
EB3,PD-Jan'04,I-140 cleared. Switched in June 2007 and wasn't able to file I-485 in July 2007
New Employer -
EB2, PD-Dec'-07, I-140 (Feb'08 - pending)
Question -
Based on Jun'08 Visa bulletin the dates for EB2-India were at Apr'04. Filed for I-140/485 based on my old priority date for EB3 labor (Jan'04). Explaining USCIS for PD transfer.
Well, folks at NSC did not understand the PD transfer concept and send my application back. Unclear as to what do now. I guess need to wait until the dates for EB2-India reach Dec'07 such that I can file.
Any "Creative" thoughts on how to approach USCIS moving forward.
Thanks in advance for your replies.
Aamchimumbai
You do not have to wait till Dec 07 becomes current. I assume when you applied for your second 140, you already requested them to use the earlier EB-3 PD. So when your EB2 140 is approved, it will have the earlier PD, which means you can apply for 485 when your 04 date is current.
Now all you have to do is wait for your 140 to be approved.
more...
diesel
03-01 03:17 PM
Now they are saying 17 months (until 9/30/2007)
Is a year 10 months? What kind of math is this? :confused:
OK.. now they changed it to 19 months. :)
Is a year 10 months? What kind of math is this? :confused:
OK.. now they changed it to 19 months. :)
2010 2011 justin bieber 2011 may
traveldoc
09-11 09:01 AM
Thanks all for your guidance. I got in touch with the local congressman's office yesterday and asked to speak with someone that handles immigration case work. The person was sooooo understanding and said that online status on USCIS Home Page (http://www.uscis.gov) is not always reliable. To my susrprise she had access to the systems that the IOs use; she checked using my receipt # and said that my case was approved but documnet was not made yet (meaning it wasn't printed yet) So the letter that I got in response to my EXPEDITE request saying 'Approved and document mailed to applicant' was an error on their part. She said she can put in the Expedite request if I can get a letter from the Dr. expalining my Garnadmother's condition. She sounded like it should be possible to expedite the document printing since case was approved already. I am awaiting the arrival of the letter.
more...
ItIsNotFunny
12-17 03:27 PM
I had posted my query on another thread but thought of creating a new one with all the updates.
My priority date is Feb 26, 2008 and I-140 mid 2008.
It was applied under EB2 category (Masters Degree). Currently, I'm on the 5th yr of my H1. My 6th year starts in Feb 2009.
Had received an RFE to which we responded but it still got denied On Dec 3, 2008. I didn't read the RFE but the lawyer said they have requested for Audited Financial statements of 2007 which my company does not have. The main reason for the denial was that the company has a loss and we did not provide Audited statements for 2007. I wasn�t being paid per the prevailing rate in 2007. So I couldn�t provide W-2 for 2007.
My lawyer suggested that we appeal the denial and start a new PERM in EB3 category through the same company.
She also suggested that in the appeal we show that I am being paid per the prevailing in 2008 since my priority date is in 2008. I have to respond to the Denial by Dec 30th but I will not have my W-2 by then. Am not in a position to provide pay stubs since the difference in pay is an adjustment in Dec.
My question to you all are:
1. Are these my only option to make sure I can renew my H1 after the 6th
year?
2. How long does an appeal take to respond?
3. Is appeal my only way out? Can I request for a
Motion to Re-open/Reconsider by Dec 30th and submit the W-2 in
Jan 2009?
4. If I show the prevailing wage of EB2 and I am filing another PERM in EB3,
will that be a problem?
5. At what stage of the green card process should I be in to be eligible for
my H1 to be extended after my 6th year?
6. Any other issues that might come up?
Thanks!
I would suggest you appeal somewhere in Jan and meanwhile file for extension. Please talk to lawyer though.
My priority date is Feb 26, 2008 and I-140 mid 2008.
It was applied under EB2 category (Masters Degree). Currently, I'm on the 5th yr of my H1. My 6th year starts in Feb 2009.
Had received an RFE to which we responded but it still got denied On Dec 3, 2008. I didn't read the RFE but the lawyer said they have requested for Audited Financial statements of 2007 which my company does not have. The main reason for the denial was that the company has a loss and we did not provide Audited statements for 2007. I wasn�t being paid per the prevailing rate in 2007. So I couldn�t provide W-2 for 2007.
My lawyer suggested that we appeal the denial and start a new PERM in EB3 category through the same company.
She also suggested that in the appeal we show that I am being paid per the prevailing in 2008 since my priority date is in 2008. I have to respond to the Denial by Dec 30th but I will not have my W-2 by then. Am not in a position to provide pay stubs since the difference in pay is an adjustment in Dec.
My question to you all are:
1. Are these my only option to make sure I can renew my H1 after the 6th
year?
2. How long does an appeal take to respond?
3. Is appeal my only way out? Can I request for a
Motion to Re-open/Reconsider by Dec 30th and submit the W-2 in
Jan 2009?
4. If I show the prevailing wage of EB2 and I am filing another PERM in EB3,
will that be a problem?
5. At what stage of the green card process should I be in to be eligible for
my H1 to be extended after my 6th year?
6. Any other issues that might come up?
Thanks!
I would suggest you appeal somewhere in Jan and meanwhile file for extension. Please talk to lawyer though.
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nogc12
07-12 02:56 PM
Another law suit
http://www.lawyersandsettlements.com/articles/01117/pr-green-card.html
http://www.lawyersandsettlements.com/articles/01117/pr-green-card.html
more...
rockstart
02-20 07:14 PM
I submitted my passport renewal in december 09 and received my new passport in feb 10. Exactly 3 months to the date. Its a pretty slow process. Initially they gave me a Jan date to pick the passport ( I did not personally not via mail) and when I went there they said they had not received police clearance from India (no change in house or any info from old passport) but good part was they said they will call me when the passport is ready and they did call. Other wise there is no way to contact them. The phone just rings and rings and message box is full.
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GotGC??
01-12 05:29 PM
I understand this topic has been discussed ad nauseam, so I'm not raising this issue per se. I do not know where we stand on the likelihood of this provision getting passed by Feb 15th, but I do know that the Core group must be trying their best to get some provisions along these lines.
But just in case the "AOS without current PD" is seen as too big a change by the law makers or its sponsors in the undustry, I think it might be worthwhile to consider some of its watered-down alternatives. The law makers themselves may have a perception of this provision "creating a log jam at the AOS stage", not unlike the (mis)perception of some of IV members themselves!
Some alternatives are:
(a) Ability to file I-485 if the I-140 has been approved for X years, or if the I-140 has been pending for Y years (this is similar the provision of the ability to file H1 extensions beyond 6 years if a labor is pending). The advantage of this provision is that this will sound familiar with an already existing law; and will let the floodgates to AOS slowly and in a more controlled manner.
(b) Ability to file I-485 if the PD is within N years of the published PD in the Visa Bulletin. For example, assuming N = 2 years, India EB3 with PD 5/11/03 and India EB2 01/08/05 can file. Again this has the advantage of a more controlled entry via the Visa Bulletin, but at least it'll start clearing the queue and people can get their EAD, FBI name check, while waiting for the visa numbers to be available.
(c) If an Labor has been approved for X years
(d) If the alien has been on H1 for Y years
or a combination of any of the above
Please understand that I whole heartedly support the "AOS without current PD" provision; it's just that it would be wise to be ready with some alternatives should the need arise.
But just in case the "AOS without current PD" is seen as too big a change by the law makers or its sponsors in the undustry, I think it might be worthwhile to consider some of its watered-down alternatives. The law makers themselves may have a perception of this provision "creating a log jam at the AOS stage", not unlike the (mis)perception of some of IV members themselves!
Some alternatives are:
(a) Ability to file I-485 if the I-140 has been approved for X years, or if the I-140 has been pending for Y years (this is similar the provision of the ability to file H1 extensions beyond 6 years if a labor is pending). The advantage of this provision is that this will sound familiar with an already existing law; and will let the floodgates to AOS slowly and in a more controlled manner.
(b) Ability to file I-485 if the PD is within N years of the published PD in the Visa Bulletin. For example, assuming N = 2 years, India EB3 with PD 5/11/03 and India EB2 01/08/05 can file. Again this has the advantage of a more controlled entry via the Visa Bulletin, but at least it'll start clearing the queue and people can get their EAD, FBI name check, while waiting for the visa numbers to be available.
(c) If an Labor has been approved for X years
(d) If the alien has been on H1 for Y years
or a combination of any of the above
Please understand that I whole heartedly support the "AOS without current PD" provision; it's just that it would be wise to be ready with some alternatives should the need arise.
more...
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kriskris
08-22 02:21 PM
Friends Need Advise Please!
My 485 packet reached NSC on July 2 with an approved 140 from TSC and no CC or receipts yet. My 140 has LUD of 08/12. God only knows where my 485 packet is lying. I applied for my 1st H1 extension at VSC which has a receipt date of July 12. I am planning to upgrade my H1B application to premium because my drivers license is expiring on Sep 30.
My questions here is,
1) Would there be any problem if my H1b is approved in premium with a new I-94 while my 485 is still lying with USCIS with out the recipts.
2) Would a new I-94 jeopardize my 485.
3) Is there any relation between H1B extension and 485 receipting.
Any answers would be greatly appreciated.
My 485 packet reached NSC on July 2 with an approved 140 from TSC and no CC or receipts yet. My 140 has LUD of 08/12. God only knows where my 485 packet is lying. I applied for my 1st H1 extension at VSC which has a receipt date of July 12. I am planning to upgrade my H1B application to premium because my drivers license is expiring on Sep 30.
My questions here is,
1) Would there be any problem if my H1b is approved in premium with a new I-94 while my 485 is still lying with USCIS with out the recipts.
2) Would a new I-94 jeopardize my 485.
3) Is there any relation between H1B extension and 485 receipting.
Any answers would be greatly appreciated.
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traveldoc
09-11 09:46 AM
Dosen't matter if you are on H1 or EAD documents to be sent for AP are same. Here is my list. Pls also check other posts to get a second opinion.
- A letter requesting AP explaining why you want to travel.
- $305 check
- Copy of I-140 approval
- Copy of I-485 receipt notice
- Copy of EAD
- 2 photos
- Any previous H1 approvals if applicable (dosen't hurt to include)
- A letter requesting AP explaining why you want to travel.
- $305 check
- Copy of I-140 approval
- Copy of I-485 receipt notice
- Copy of EAD
- 2 photos
- Any previous H1 approvals if applicable (dosen't hurt to include)
more...
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tonyHK12
10-04 02:45 PM
The problem with accounts in India is the requirement to declare it here.
I don't think so, only Green cards and citizens are taxed on world wide income.
I meant the public provident fund run by the govt. We should check with a India tax expert on that, if non residents can contribute. don;t think they should have issues. PF allowed tax deduction for residents on 10% of the income, but you could always contribute as much as you wanted and top it up.
I don't think so, only Green cards and citizens are taxed on world wide income.
I meant the public provident fund run by the govt. We should check with a India tax expert on that, if non residents can contribute. don;t think they should have issues. PF allowed tax deduction for residents on 10% of the income, but you could always contribute as much as you wanted and top it up.
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sanju
04-30 10:02 PM
What is the agenda now?
someone just woke up after 8 months, now asking the agenda, not willing to spare a penny or bring in energy, but wants an "update" about the date & time he will get his GC in mail. Is that something new, NO, its been a consistent behavior, that's why I never liked gjoe.
.
someone just woke up after 8 months, now asking the agenda, not willing to spare a penny or bring in energy, but wants an "update" about the date & time he will get his GC in mail. Is that something new, NO, its been a consistent behavior, that's why I never liked gjoe.
.
more...
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AB1275
12-18 10:07 AM
For MTR - Brief / Evidence need to be given within 30 days of denial.
For Appeal - A brief statement of what the error with the decision or what the new evidence is needed in the form, later actual evidences can be given within 30 days of filing form 290(B).
In either case, 290(B) have to be filed to keep it going.
Both Appeal and MTR should be sent to the service that made unfavorable change and later on when additional evidences are sent they need to be send to AAO directly.
Hope this helps.
Thank you for the suggestion.....From what I understand from it, the evidence for MTR has to be filed with the MTR and cant be filed later. Is that right? If so, then my only choice is Appeal since my W-2 will not reach me before the due date of the 290B.
For Appeal - A brief statement of what the error with the decision or what the new evidence is needed in the form, later actual evidences can be given within 30 days of filing form 290(B).
In either case, 290(B) have to be filed to keep it going.
Both Appeal and MTR should be sent to the service that made unfavorable change and later on when additional evidences are sent they need to be send to AAO directly.
Hope this helps.
Thank you for the suggestion.....From what I understand from it, the evidence for MTR has to be filed with the MTR and cant be filed later. Is that right? If so, then my only choice is Appeal since my W-2 will not reach me before the due date of the 290B.
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gcisadawg
08-11 04:14 PM
bump
done. EB3-I Oct 2003
done. EB3-I Oct 2003
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USCISSucks
11-14 01:34 AM
Before 180 Days for those 140 approved
Do a H1 transfer and extension to new company which you like..
(don't use EAD with the new company)
Stay with the present company for some secondary part time job just not to get him mad (or take a vacation)
2 months would fly when you are making now decent money...
do whatever after 180 days.
I spoke with my Lawyer on this approach and says he doesn;t see any issue with this since I140 approved..
otehrs who have answered favourably please let us know if anybody did this?
Do a H1 transfer and extension to new company which you like..
(don't use EAD with the new company)
Stay with the present company for some secondary part time job just not to get him mad (or take a vacation)
2 months would fly when you are making now decent money...
do whatever after 180 days.
I spoke with my Lawyer on this approach and says he doesn;t see any issue with this since I140 approved..
otehrs who have answered favourably please let us know if anybody did this?
yabadaba
06-25 02:16 PM
^^^
sorry for the bump...just trying to get a decent sample size
sorry for the bump...just trying to get a decent sample size
MunnaBhai
08-10 05:07 PM
This dude will never reply back. I am sure
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