fromnaija
07-30 10:52 PM
After some extensive search I found the answer I wanted at:
http://www.immigration.com/newsletter1/childprotac.pdf
Visa Availability Date Regression
If a visa availability date regresses, and an alien has already filed a Form I-485 based on an approved Form I-130 or Form I-140, the Service should retain the Form I-485 and note the visa availability date at the time the Form I-485 was filed. Once the visa number again becomes available for that preference category, determine whether the beneficiary is a �child� using the visa availability date marked on the Form I-485. If, however, an alien has not filed a Form I-485 prior to the visa availability date regressing, and then files a Form I-485 when the visa availability date again becomes current, the alien�s �age� should be determined using the subsequent visa availability date.
http://www.immigration.com/newsletter1/childprotac.pdf
Visa Availability Date Regression
If a visa availability date regresses, and an alien has already filed a Form I-485 based on an approved Form I-130 or Form I-140, the Service should retain the Form I-485 and note the visa availability date at the time the Form I-485 was filed. Once the visa number again becomes available for that preference category, determine whether the beneficiary is a �child� using the visa availability date marked on the Form I-485. If, however, an alien has not filed a Form I-485 prior to the visa availability date regressing, and then files a Form I-485 when the visa availability date again becomes current, the alien�s �age� should be determined using the subsequent visa availability date.
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hemya
12-20 10:57 PM
My wife is applying for graduate school and they asked for her Alien registration Number. Should she give the one on her 485?
She is presently on H-4
She is presently on H-4
apb
09-14 03:10 PM
Are there anybody who saw LUD before they got the CPO mail? I saw many posts here where they mentioned that they never saw any status change/Soft LUD, prior to their CPO mail.
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MerciesOfInjustices
03-25 09:09 AM
TOI is the champion of these kind of nonsense, after S.1932 was passed by the senate they published an article saying 'Good news, A bill for Green card increase, H1B increase ..... have been passed by U.S. lawmakers' with no mention of house hurdle etc. I fail to digest that the reporter who is writing the article doesn't know, after the bills get passed in the Senate they go to Congress. But it's TOI they can do that.
Write to TOI, the article is from a news agency but they should be talking about legal immigration issues more.
Write to TOI, the article is from a news agency but they should be talking about legal immigration issues more.
more...
jack_suv
07-19 12:21 PM
Hi all,
After reviewing many posts I wanted to summarize the pros and cons of filing i-485 when one is a bachelor or bachelorette, i.e. single.
Pro:
The only pro that is available is you can use EAD and AC-21 to get a better job or new job (if laid off) if you satisfy the following conditions.
Conditions:
1.Maintain H1 till you bring spouse to USA on H4
2.your spouse changes to f1 or h1 later after coming to usa
3. your spouse does not have to travel outside USA till PD becomes current as he/she needs a new visa to enter back to USA. ofcourse can always get a new visa if possible.
Cons:
1. Your GC is approved before you get married - very bad situation.
2. You are married but cant bring spouse on valid H4 if you dont have valid h1
3. your spouse cant get H1 or F1 after coming to USA and remains on H4 which means you have to remain on H1 and cant use EAD.
4. Your H4 spouse goes out of status when your GC is approved before your PD becomes current. There may be 180 day grace period here. Experts help?
The only way possible to realize the benefit of filing 485 which is use EAD and AC(21) to get a better job or an additional job is to do the following
1. get married before GC is approved.
2. bring spouse to USA on some visa. if spouse is on H4 you need to have valid H1. if spouse is on H1 or F1 or L1 then no problem.
3. Move spouse out of H4 into other visa.
4. You Use EAD to get a different job.
5. When PD becomes current, spouse applies for 485.
Potential hiccups in this solution:
1. USCIS does not like that you used EAD and shifted employer.
2. Practical problems on getting a company to hire you on EAD.
3. Doing a status change for spouse.
If unmarried does not file 485 now::
1. Be in H1 for a long time with same employer based on your PD.
==========
As I see there are 4 categories of unmarried people
1. Satisfied with current employer ; PD is in 2004 or 2005.
2. Satisfied with current employer ; PD is in 2006 or 2007.
3. Not Satisfied with current employer and planning to use EAD ; PD is in 2004 or 2005.
4. Not Satisfied with current employer and planning to use EAD ; PD is in 2006 or 2007.
What are the recommendations for these 4 groups of people?
Finally one has to consider layoffs or firings!!
Experts please review the scenario and give your opinion on the above way.
Thanks a lot. Welcome to the land of dreams and opportunities.
After reviewing many posts I wanted to summarize the pros and cons of filing i-485 when one is a bachelor or bachelorette, i.e. single.
Pro:
The only pro that is available is you can use EAD and AC-21 to get a better job or new job (if laid off) if you satisfy the following conditions.
Conditions:
1.Maintain H1 till you bring spouse to USA on H4
2.your spouse changes to f1 or h1 later after coming to usa
3. your spouse does not have to travel outside USA till PD becomes current as he/she needs a new visa to enter back to USA. ofcourse can always get a new visa if possible.
Cons:
1. Your GC is approved before you get married - very bad situation.
2. You are married but cant bring spouse on valid H4 if you dont have valid h1
3. your spouse cant get H1 or F1 after coming to USA and remains on H4 which means you have to remain on H1 and cant use EAD.
4. Your H4 spouse goes out of status when your GC is approved before your PD becomes current. There may be 180 day grace period here. Experts help?
The only way possible to realize the benefit of filing 485 which is use EAD and AC(21) to get a better job or an additional job is to do the following
1. get married before GC is approved.
2. bring spouse to USA on some visa. if spouse is on H4 you need to have valid H1. if spouse is on H1 or F1 or L1 then no problem.
3. Move spouse out of H4 into other visa.
4. You Use EAD to get a different job.
5. When PD becomes current, spouse applies for 485.
Potential hiccups in this solution:
1. USCIS does not like that you used EAD and shifted employer.
2. Practical problems on getting a company to hire you on EAD.
3. Doing a status change for spouse.
If unmarried does not file 485 now::
1. Be in H1 for a long time with same employer based on your PD.
==========
As I see there are 4 categories of unmarried people
1. Satisfied with current employer ; PD is in 2004 or 2005.
2. Satisfied with current employer ; PD is in 2006 or 2007.
3. Not Satisfied with current employer and planning to use EAD ; PD is in 2004 or 2005.
4. Not Satisfied with current employer and planning to use EAD ; PD is in 2006 or 2007.
What are the recommendations for these 4 groups of people?
Finally one has to consider layoffs or firings!!
Experts please review the scenario and give your opinion on the above way.
Thanks a lot. Welcome to the land of dreams and opportunities.
chanduv23
04-21 01:44 PM
If I485 is denied for wrong reason (due to USCIS error), I understand that the application and attorney can file a MTR, but during the time till the case is reopened again, is it legal for the employee to work on EAD?
My assumption here is once the denial notice is received, it may take few weeks/months to gather the necessary information, send it to USCIS and then the case gets reopened.
This is a grey area subject to interpretations. Talk to an Anttorney - the reason I say this is - when your 485 gets denied wrongfully (your Attorney will tell you if the REASON was wrongful) - say AC21 old employer revoke 140 after 180 days - then an MOTIC whould resolve your issue - which typically takes a few weeks to 2 months or a bit more. Whether you stay here or work here - it is the same - no "Particular status". Once your MOTIC gets approved, you are back in status - so it is a big grey area subject to interpretation and Attorneys have different views based on how conservative one wants to be.
If you are sure your 485 can get denied for a "right reason" - then MTR or Appeal may not work - so you have to work out other options.
My assumption here is once the denial notice is received, it may take few weeks/months to gather the necessary information, send it to USCIS and then the case gets reopened.
This is a grey area subject to interpretations. Talk to an Anttorney - the reason I say this is - when your 485 gets denied wrongfully (your Attorney will tell you if the REASON was wrongful) - say AC21 old employer revoke 140 after 180 days - then an MOTIC whould resolve your issue - which typically takes a few weeks to 2 months or a bit more. Whether you stay here or work here - it is the same - no "Particular status". Once your MOTIC gets approved, you are back in status - so it is a big grey area subject to interpretation and Attorneys have different views based on how conservative one wants to be.
If you are sure your 485 can get denied for a "right reason" - then MTR or Appeal may not work - so you have to work out other options.
more...
prdgl
07-07 09:56 PM
Very good, shabaash!!
Because of A. Holes like you, H1B visa holders get a bad name. And look at your gall, you are publicly announcing an intent to commit deciet.
IV Core and company: Please remove this thread - we do not want to provide more fodder to anti-immigrants.
And as for you moron, yes, you will get into trouble if you think you can dick around with govt. agencies.
Grow up!!!!!!!!
yes yes, its not that 10million illegal immigrants are considered for amnesty and was about to given direct path to citizenship or that's not enough, there is LC subsitution Fraud.
yes yes this is the one that brings bad name for H1B holders and not the above said things.
I am just trying to meet my ad requirement. If its not then i will change my ad. I am trying out different options here. That's it. For now you relax pal !
Because of A. Holes like you, H1B visa holders get a bad name. And look at your gall, you are publicly announcing an intent to commit deciet.
IV Core and company: Please remove this thread - we do not want to provide more fodder to anti-immigrants.
And as for you moron, yes, you will get into trouble if you think you can dick around with govt. agencies.
Grow up!!!!!!!!
yes yes, its not that 10million illegal immigrants are considered for amnesty and was about to given direct path to citizenship or that's not enough, there is LC subsitution Fraud.
yes yes this is the one that brings bad name for H1B holders and not the above said things.
I am just trying to meet my ad requirement. If its not then i will change my ad. I am trying out different options here. That's it. For now you relax pal !
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sbvw76
06-02 10:59 AM
Are you not suppose to go back to your country and come back in H1b since L1b is intra-transfer with in your company A?
Pl. consult an attorney..
Pl. consult an attorney..
more...
ImmiLosers
09-25 05:23 PM
I dont think EB3 is current for Nov 2004. Infact, it is unavailable for all countries of charge until Oct First. If you are Phillipines or rest of the world, you still need to wait until OCt First to file
PD is ported irrespective of the EB class
PD is ported irrespective of the EB class
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kk_kk
02-25 02:34 PM
I would say .. they are already facing the consequences due to the acts they have committed. I don't see any need for bashing the OP or his friend.
more...
saketkapur
07-06 02:46 PM
Yes, as long as you are working for the same employer that had filed your I-140 then you can maintain your H1B status with them. I had confirmed the same with my attorney. You should confirm the same by your attorney too. I beleive there was a thread at a point of time discussing the same on IV too. Maybe some member might be able to point it to you.
I am now with a different employer and using my EAD since May this year.
Hope this helps......
I am now with a different employer and using my EAD since May this year.
Hope this helps......
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jlander
January 10th, 2005, 09:23 PM
I bought the new Sigma 105 ex dg lens from b&h and it shipped today. I just couldn't bring myself to pay so much for the Nikon when every review of the sigma that I read said it was just as good. I should get the lens on Wednesday.
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I bought a 4+ closup lens to put on the front so that I can get even greater magnification. Has anyone ever used them?<o:p></o:p>
<o:p></o:p>
As far as expresscamera.com goes, I learned my lesson. I searched for �expresscamera complaints� AFTER I got off the phone. I can't believe I fell for the bait and switch. When I completed my online order, I got an email that I had to call to verify the order. When I did, the operator asked what camera I was using and then asked why I was buying a 35mm film lens for a digital camera.<o:p></o:p>
<o:p></o:p>
This caught me by surprise and also made me feel a bit stupid. I asked what the difference was and what he recommended. He then sent me to another page on his site that had the sigma lens for $850 on sale for $750. He then told me that there was a rebate for $150 and he could file it for me for a fee of $50. I told him that I'd file it myself and he offered to wave the $50 fee. He then said that shipping would take 2 weeks and when I balked, said that he would upgrade the shipping to 3 day. The standard shipping price was over $50 with insurance. My total price on the lens was just under $650. By that time, I would have paid anything.<o:p></o:p>
<o:p></o:p>
I searched their site and found the Sigma ex dg lens for sale elsewhere for $370. The search function on the site does not work correctly, so it was not easy. What a scam... They have their technique down to a science. I doubt that many people actually end up with what they originally ordered.
<?xml:namespace prefix = o ns = "urn:schemas-microsoft-com:office:office" /><o:p></o:p>
I bought a 4+ closup lens to put on the front so that I can get even greater magnification. Has anyone ever used them?<o:p></o:p>
<o:p></o:p>
As far as expresscamera.com goes, I learned my lesson. I searched for �expresscamera complaints� AFTER I got off the phone. I can't believe I fell for the bait and switch. When I completed my online order, I got an email that I had to call to verify the order. When I did, the operator asked what camera I was using and then asked why I was buying a 35mm film lens for a digital camera.<o:p></o:p>
<o:p></o:p>
This caught me by surprise and also made me feel a bit stupid. I asked what the difference was and what he recommended. He then sent me to another page on his site that had the sigma lens for $850 on sale for $750. He then told me that there was a rebate for $150 and he could file it for me for a fee of $50. I told him that I'd file it myself and he offered to wave the $50 fee. He then said that shipping would take 2 weeks and when I balked, said that he would upgrade the shipping to 3 day. The standard shipping price was over $50 with insurance. My total price on the lens was just under $650. By that time, I would have paid anything.<o:p></o:p>
<o:p></o:p>
I searched their site and found the Sigma ex dg lens for sale elsewhere for $370. The search function on the site does not work correctly, so it was not easy. What a scam... They have their technique down to a science. I doubt that many people actually end up with what they originally ordered.