desi3933
08-24 09:11 PM
Hello Gurus,
Here is my situation and I really appreciate your advice:
I have filed my I-485, EAD, and AP thru my employer (consulting company) in EB3 category. I have received my EAD and AP but i havent invoked AC21.
I also have approved labor (PD--01/2006), and approved I-140 in EB2 category thru my client's company.
Since, EB3 category is not going anywhere, I am thinking of filing another I-485 thru my client in EB2 category.
1) Is it possible for me to file second I-485 in EB2 category while first I-485 is waiting for approval?
2) Can i port my EB3 PD (12/2003) while filing 2nd I-485 thru client?
Thanks in advance!!!
No need to file 2nd I-485.
Just update your existing I-485 with 2nd I-140 and claim earlier PD. You can claim PD with EB2.
Your lawyer should be able to do that.
_________________________
Not a legal advise.
Here is my situation and I really appreciate your advice:
I have filed my I-485, EAD, and AP thru my employer (consulting company) in EB3 category. I have received my EAD and AP but i havent invoked AC21.
I also have approved labor (PD--01/2006), and approved I-140 in EB2 category thru my client's company.
Since, EB3 category is not going anywhere, I am thinking of filing another I-485 thru my client in EB2 category.
1) Is it possible for me to file second I-485 in EB2 category while first I-485 is waiting for approval?
2) Can i port my EB3 PD (12/2003) while filing 2nd I-485 thru client?
Thanks in advance!!!
No need to file 2nd I-485.
Just update your existing I-485 with 2nd I-140 and claim earlier PD. You can claim PD with EB2.
Your lawyer should be able to do that.
_________________________
Not a legal advise.
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zCool
04-02 01:51 PM
correct
STK
02-08 02:01 AM
I've received my EAD+AP and I 485 (filed, priority date Nov 05) through my husband's GC process. I currently work on H1B (3 yrs remaining on my H1B). One week ago got laid off and working with same company till end of month. While looking for new job I'm unable to decided whether to maintain my H1-B status or switch to EAD.
1) If I switch to EAD and husband has problems in I485 approval, can I switch back to H1B for remaining time or do I fall under H1 cap and start from beginning.
2) Should I transfer to H4 before leaving job and then look for new job with EAD to save remainder of time on H1B which I can use if something goes wrong with EAD.
3) Would it be safer to get H1B transfer to new employer and forget EAD till husbands I-485 gets approved.
4) If I get a job on EAD, do I've to file something with INS to let them know that Im not working on H1B. If getting back on H1B from EAD, do I file regular H1B application through employer or process is different if you get back from EAD to H1.
Please help!!!!!! lay off from work is enough stress. I thought EAD would make life easier but more options means more confusion:confused:
1) If I switch to EAD and husband has problems in I485 approval, can I switch back to H1B for remaining time or do I fall under H1 cap and start from beginning.
2) Should I transfer to H4 before leaving job and then look for new job with EAD to save remainder of time on H1B which I can use if something goes wrong with EAD.
3) Would it be safer to get H1B transfer to new employer and forget EAD till husbands I-485 gets approved.
4) If I get a job on EAD, do I've to file something with INS to let them know that Im not working on H1B. If getting back on H1B from EAD, do I file regular H1B application through employer or process is different if you get back from EAD to H1.
Please help!!!!!! lay off from work is enough stress. I thought EAD would make life easier but more options means more confusion:confused:
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hebbar77
03-15 11:38 PM
gc28262 : Thanks million times. I cant describe in words how much that info helps!
No wonder your green dots overflow the line!
No wonder your green dots overflow the line!
more...
desigirl
12-01 09:55 AM
Folks,
Here's my situation: Eb2 India (PD of 24th May 2006), filed 485 ONLY for self in September 2008, got married later and hence wife is not yet added to my 485 application. She is dependent H4 on my H1 visa -- so even though I have EAD, I am NOT using it.
Changing jobs now going to same title, similar job duties. The lawyers at hiring company say I can use my EAD and H1b interchangeably! And my understanding was that the moment I use EAD, my H1B is annulled. Is this not right?
Second question -- the lawyer mentions that even if my date becomes current and we can for some reason NOT get my wife's 485 application in, we can always do follow-to-join without any issues. Has someone had any experience with this. My understanding was that I NEED to make sure my wife's 485 application reaches them on the 1st of the month in which my date is becoming current.
Could someone PLEASE comment on these two questions?
Thank you much!
-Shishya
get a second opinion from the lawyer - use the upcoming IV conference call with the lawyer
Here's my situation: Eb2 India (PD of 24th May 2006), filed 485 ONLY for self in September 2008, got married later and hence wife is not yet added to my 485 application. She is dependent H4 on my H1 visa -- so even though I have EAD, I am NOT using it.
Changing jobs now going to same title, similar job duties. The lawyers at hiring company say I can use my EAD and H1b interchangeably! And my understanding was that the moment I use EAD, my H1B is annulled. Is this not right?
Second question -- the lawyer mentions that even if my date becomes current and we can for some reason NOT get my wife's 485 application in, we can always do follow-to-join without any issues. Has someone had any experience with this. My understanding was that I NEED to make sure my wife's 485 application reaches them on the 1st of the month in which my date is becoming current.
Could someone PLEASE comment on these two questions?
Thank you much!
-Shishya
get a second opinion from the lawyer - use the upcoming IV conference call with the lawyer
gman
04-30 09:43 AM
Is letter from employee needed for filing I-485 for my spouse. I filed I-485 under EB3 last August and it's still pending. She takes my PD and my PD will be current in May. I have an old letter from my employer when filing my I-485 last August but was wondering if a new letter from employer is needed or the old one would do.
Thanks in advance.
Thanks in advance.
more...
thakkarbhav
02-07 08:45 PM
Yes. They need atleast 3 months time to file new labor.
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raju6855
01-19 05:11 PM
This has been big bummer. had to cancel the flight and now my wife is thinking about dropping out of semester.
more...
BECsufferer
10-07 06:59 AM
I guess I wasn't shocked when I saw this story, but I have to say it depressed me. The AP reports that Derby Line, Vermont and Stanstead, Quebec, really one town that happens to straddle a border, is now installing security gates to physically separate the community.
More... (http://blogs.ilw.com/gregsiskind/2009/10/immigration-fears-dividing-a-town-literally.html)
Nothing wrong with gates and fences. It's security measure, ... I am all for it and fine. Unlike Quebec, atleast in my America, outsiders are not frowned upon. Nor denied help just becaue you cannot speak their language (French). Take away from my last trip to Quebec (Quebec City) is, they don't like to see us in their part of world, nor do we welcome them.
More... (http://blogs.ilw.com/gregsiskind/2009/10/immigration-fears-dividing-a-town-literally.html)
Nothing wrong with gates and fences. It's security measure, ... I am all for it and fine. Unlike Quebec, atleast in my America, outsiders are not frowned upon. Nor denied help just becaue you cannot speak their language (French). Take away from my last trip to Quebec (Quebec City) is, they don't like to see us in their part of world, nor do we welcome them.
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zCool
04-23 12:21 PM
You will qualify.
Issue is getting to Canada and staying there long enough with the high taxes they have average canadian tax burden is 40% (30% tax + 10% additional sales tax on everything you buy) !
I know how meaningless this "Backup" is after paying almost 50K$ over past few yrs.!
Beware!
Issue is getting to Canada and staying there long enough with the high taxes they have average canadian tax burden is 40% (30% tax + 10% additional sales tax on everything you buy) !
I know how meaningless this "Backup" is after paying almost 50K$ over past few yrs.!
Beware!
more...
snathan
10-21 04:31 PM
Certain felonies make a person inadmissible, which means no Green Card may be issued for such a person for either 15 years of indefinitely. You need to be more specific. Crimes of moral turpitude are inclusive. There are some limited waivers for some, but not all grounds of inadmissibility.
I dont think you have understood the question. The OP asking what if the sponsoring person is deported due to feloney charge.
I dont think you have understood the question. The OP asking what if the sponsoring person is deported due to feloney charge.
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Steve Mitchell
February 14th, 2004, 03:39 PM
The only thing I notice is a little orage that looks unusual on the tip of the rear ducks beak. If that's not it, I don't see anything.
more...
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arc
02-09 08:46 PM
Call or Visit your nearest Indian Embassy they should have information on their web site, they usualy take a week and charge 40$.
I did it 1 year back I remember the procedure was real straight forward in San Fancisco.
good luck,
I did it 1 year back I remember the procedure was real straight forward in San Fancisco.
good luck,
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tikka
06-07 08:28 AM
Can some one please shed some light on this May 15, 2005 cut off date and its significance ? Does it affect folks who have already filed for labor and I-140 after this date and have got it approved .... say sometime in 2006 ?
hope this helps:
http://immigrationvoice.org/forum/showthread.php?t=4745&highlight=15th
maybe you can refer to that thread and close this one?
thank you
hope this helps:
http://immigrationvoice.org/forum/showthread.php?t=4745&highlight=15th
maybe you can refer to that thread and close this one?
thank you
more...
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roseball
03-08 09:09 AM
My in-laws attended visitor visa interview at Hyderabad Consulate on 25th Feb. My mother-in-law (not working) got her visa (no questions asked) but father-in-law (an electrical engg manager, still working for central govt) was asked to fill out a questionnaire related to his professional experience and then given a white slip with a case number/email address and asked to email his resume/CV for further processing. He was told it would take 7 days to process his application.
I tried searching for similar cases on various forums and found some cases but couldn't find information on how long they took to approve the visa. So I was just wondering if anybody here has any further updates on such cases. Appreciate any feedback.
TIA.
I tried searching for similar cases on various forums and found some cases but couldn't find information on how long they took to approve the visa. So I was just wondering if anybody here has any further updates on such cases. Appreciate any feedback.
TIA.
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we_r_d_world
11-13 08:45 PM
Go ahead and apply, as long as you get the receipt before expiry date on her I-94, you should be fine. You will have to be ready for her return to India ASAP if her extension petition is denied, as she might start incurring illegal stay, which might create hindrance for her next visit or her next VISA application.
It would be a good idea to state about her anticipated visit to other states etc. instead of other reason.
It is likely that she might get RFE, but it should all be answerable.
HTH
we_r_d_world
It would be a good idea to state about her anticipated visit to other states etc. instead of other reason.
It is likely that she might get RFE, but it should all be answerable.
HTH
we_r_d_world
more...
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Blog Feeds
05-14 08:00 AM
https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEhL-jId2pTyq_jTOa8ceL2SvgzlQ1GtZtrWMD0v1Hh-WbiKWMk3pH-hLsFwhKU89eH-_zgDrrlpd9mp_-Chz58QwFlVfjmIJAOoARKo3Vg7UTS3Qbke2ChpfvkMXaoNrljVpZUPuh_ebIbI/s320/Green+card+-+new.JPG (https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEhL-jId2pTyq_jTOa8ceL2SvgzlQ1GtZtrWMD0v1Hh-WbiKWMk3pH-hLsFwhKU89eH-_zgDrrlpd9mp_-Chz58QwFlVfjmIJAOoARKo3Vg7UTS3Qbke2ChpfvkMXaoNrljVpZUPuh_ebIbI/s1600/Green+card+-+new.JPG)
USCIS has announced that it has redesigned the Permanent Resident Card (green card) with enhanced security features - and a "new" color. For many years the card has been white, pink before that, and green a long time ago.
The new security features are described as follows:
Secure optical media will store biometrics for rapid and reliable identification of the card holder. Holographic images, laser engraved fingerprints, and high resolution micro-images will make the card nearly impossible to reproduce. Tighter integration of the card design with personalized elements will make it difficult to alter the card if stolen. Radio Frequency Identification (RFID) capability will allow Customs and Border Protection officers at ports of entry to read the card from a distance and compare it immediately to file data. Finally, a preprinted return address will enable the easy return of a lost card to USCIS.
Existing card holders don't need to do anything. They will get new cards as they apply for renewals or replacements in the normal course.
For more information, see the USCIS press release (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=79bd3893c4888210VgnVCM100000082ca60aRCR D&vgnextchannel=68439c7755cb9010VgnVCM10000045f3d6a1 RCRD) and the fact sheet (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=34233893c4888210VgnVCM100000082ca60aRCR D&vgnextchannel=68439c7755cb9010VgnVCM10000045f3d6a1 RCRD).
https://blogger.googleusercontent.com/tracker/2893395975825897727-2786729066335297862?l=martinvisalaw.blogspot.com
More... (http://martinvisalaw.blogspot.com/2010/05/green-card-to-be-green-again-in.html)
USCIS has announced that it has redesigned the Permanent Resident Card (green card) with enhanced security features - and a "new" color. For many years the card has been white, pink before that, and green a long time ago.
The new security features are described as follows:
Secure optical media will store biometrics for rapid and reliable identification of the card holder. Holographic images, laser engraved fingerprints, and high resolution micro-images will make the card nearly impossible to reproduce. Tighter integration of the card design with personalized elements will make it difficult to alter the card if stolen. Radio Frequency Identification (RFID) capability will allow Customs and Border Protection officers at ports of entry to read the card from a distance and compare it immediately to file data. Finally, a preprinted return address will enable the easy return of a lost card to USCIS.
Existing card holders don't need to do anything. They will get new cards as they apply for renewals or replacements in the normal course.
For more information, see the USCIS press release (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=79bd3893c4888210VgnVCM100000082ca60aRCR D&vgnextchannel=68439c7755cb9010VgnVCM10000045f3d6a1 RCRD) and the fact sheet (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=34233893c4888210VgnVCM100000082ca60aRCR D&vgnextchannel=68439c7755cb9010VgnVCM10000045f3d6a1 RCRD).
https://blogger.googleusercontent.com/tracker/2893395975825897727-2786729066335297862?l=martinvisalaw.blogspot.com
More... (http://martinvisalaw.blogspot.com/2010/05/green-card-to-be-green-again-in.html)
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hibworker
01-24 03:51 PM
Hi,
I am currently on an H1-B (and also have a I140 approved) with company A. I accepted a job with company B, who started the process for my H1-B transfer by filing the LCA.
My employment with company A ends 01/31, but company B has still not received the LCA approval. If they do not receive it before 01/31, will I be out of status until they file the H1B transfer? Do I need to leave the country?:confused:
Technically, yes you will be out of status starting 02/01 until H1B petition from your new employer is received by USCIS. Yes you should leave the country as from Feb 1 you will start accumulating unauthorized presence which might adversely impact your Green Card and other future petitions including the pending H1-B.
Practically if H1-B is filed within a week or so after 1/31 then it is up to you if you'll like to take a chance by staying in the country.
I am currently on an H1-B (and also have a I140 approved) with company A. I accepted a job with company B, who started the process for my H1-B transfer by filing the LCA.
My employment with company A ends 01/31, but company B has still not received the LCA approval. If they do not receive it before 01/31, will I be out of status until they file the H1B transfer? Do I need to leave the country?:confused:
Technically, yes you will be out of status starting 02/01 until H1B petition from your new employer is received by USCIS. Yes you should leave the country as from Feb 1 you will start accumulating unauthorized presence which might adversely impact your Green Card and other future petitions including the pending H1-B.
Practically if H1-B is filed within a week or so after 1/31 then it is up to you if you'll like to take a chance by staying in the country.
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diptam
07-29 04:40 PM
I dont know if USCIS requires this format or not but i submitted my 140 with this letter format... By the way - my 140 is not yet approved its pending for 3 Months at Nebraska.
/***
May 05, 2007
RE: Mr. XXXXXXXXXXX
TO WHOM IT MAY CONCERN:
This letter is to verify that Mr. XXXXXXXXXXX was employed by <company name> as a full-time Software Engineer from mm1/yyyy1 to mm2/yyyy2. During this period he worked 40 Hours per week.
During the period of employment at <company name> Mr. XXXXXXXXXXX’s duty were to Plan, design, develop, test and document application software using < technology list .... >
Mr. XXXXXXXXXXX has always rendered his services with the highest degree of responsibility and professionalism and we wish Mr. XXXXXXXXXXX all the best in his future endeavors.
Sincerely,
_____________________________
Mr. XXXXXXXXXXXXX
Project Manager
***/
Hi,
This is my first post here. I was looking for "Experience Letter Format" that Is needed for filing I-140. I have not started my GC yet but was looking for all the documents required. It seems to be a nice idea to get all the experience letters from the previous employers before starting labor process.
If some one has the format currently required by USCIS, please post it.
Thanks
/***
May 05, 2007
RE: Mr. XXXXXXXXXXX
TO WHOM IT MAY CONCERN:
This letter is to verify that Mr. XXXXXXXXXXX was employed by <company name> as a full-time Software Engineer from mm1/yyyy1 to mm2/yyyy2. During this period he worked 40 Hours per week.
During the period of employment at <company name> Mr. XXXXXXXXXXX’s duty were to Plan, design, develop, test and document application software using < technology list .... >
Mr. XXXXXXXXXXX has always rendered his services with the highest degree of responsibility and professionalism and we wish Mr. XXXXXXXXXXX all the best in his future endeavors.
Sincerely,
_____________________________
Mr. XXXXXXXXXXXXX
Project Manager
***/
Hi,
This is my first post here. I was looking for "Experience Letter Format" that Is needed for filing I-140. I have not started my GC yet but was looking for all the documents required. It seems to be a nice idea to get all the experience letters from the previous employers before starting labor process.
If some one has the format currently required by USCIS, please post it.
Thanks
GotGC??
09-06 07:20 PM
It looks like it has been transferred to NSC. Probably because your AOS is filed there, but more likely because you're from a region administered by NSC. Could you please confirm if that's the case. 450+ days is just ridiculous, but hope this change is one in the right direction.
Hi Guys,
I filed my EB3 I-140 to TSC in June 2006 and it is still pending (yes..really more than 450 days and counting...) Then in July 2007, I filed my AOS with NSC. Today, I got an email from CRIS stating that
Application Type: I140 , IMMIGRANT PETITION FOR ALIEN WORKER
Current Status: This case has been sent to another office for processing.
On September 4, 2007, we transferred this I140 IMMIGRANT PETITION FOR ALIEN WORKER to our LINCOLN, NE location for processing and sent you a notice explaining this action. Please follow any instructions on this notice. You will be notified by mail when a decision is made, or if the office needs something from you.
It is transferred to NSC because my AOS is filed with NSC? Have any one had this status change in the past? After this, how long did it tak to get your I-140 approved?
I am just curious because can I feel happy that atleast some progress? As you know, I am waiting for my I-140 for more than a year...
Hi Guys,
I filed my EB3 I-140 to TSC in June 2006 and it is still pending (yes..really more than 450 days and counting...) Then in July 2007, I filed my AOS with NSC. Today, I got an email from CRIS stating that
Application Type: I140 , IMMIGRANT PETITION FOR ALIEN WORKER
Current Status: This case has been sent to another office for processing.
On September 4, 2007, we transferred this I140 IMMIGRANT PETITION FOR ALIEN WORKER to our LINCOLN, NE location for processing and sent you a notice explaining this action. Please follow any instructions on this notice. You will be notified by mail when a decision is made, or if the office needs something from you.
It is transferred to NSC because my AOS is filed with NSC? Have any one had this status change in the past? After this, how long did it tak to get your I-140 approved?
I am just curious because can I feel happy that atleast some progress? As you know, I am waiting for my I-140 for more than a year...
mjdup
08-25 10:34 AM
I've an appointment in October at Munich, Germany consulate for H1B stamping. Because of time constraints I decided to get the stamping done when I'm out there for work. I've already obtained the german visa (though had to provide plenty of explanation !). This is my 9th yr extn (MS, EB2 - 140 approved)
- Can anyone share their experience at the Munich consulate?
- or, should I plan going to Canada and trying rather taking the risk in Germany?
thanks,
- Can anyone share their experience at the Munich consulate?
- or, should I plan going to Canada and trying rather taking the risk in Germany?
thanks,
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