lost
05-03 01:22 PM
Going after employers to tackle the undocumented employees seems a better way of dealing with this issue of immigration than going after illegal immigrants. They are coming here only because they can find jobs.........and some of the employers exploit them too.
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ufo2002
09-15 01:37 PM
So let's have premium processing in all stages?
Wonderful, why not this suggestion:
Sell GCs for 30k each, or put up on auction.
30k is achievable goal for everyone if we save money for 6 years straight. Maybe live on bread and water or something but hey, after buying the GC, can get back to living normally!
I think the premium processing idea is just money milking strategies by the respective departments who process the different stages.
Wonderful, why not this suggestion:
Sell GCs for 30k each, or put up on auction.
30k is achievable goal for everyone if we save money for 6 years straight. Maybe live on bread and water or something but hey, after buying the GC, can get back to living normally!
I think the premium processing idea is just money milking strategies by the respective departments who process the different stages.
vaishnavilakshmi
06-19 02:36 AM
Hi,
Eb2 Priority date (priority date-june2004) , I-140 approved
Eb3 priorty date (substituted labor with priorit date as feb2002) applied for I-140 on
1st jun 2007 .waiting for i-140 approval.
Should I file for i-485 on Eb2 where I-140 is already approved or use Eb3 where I-140 is pending but priorty date feb2002 ????????????
Attorneys and members,
please suggest me,i have only 1day left for decision,
vaishu
Eb2 Priority date (priority date-june2004) , I-140 approved
Eb3 priorty date (substituted labor with priorit date as feb2002) applied for I-140 on
1st jun 2007 .waiting for i-140 approval.
Should I file for i-485 on Eb2 where I-140 is already approved or use Eb3 where I-140 is pending but priorty date feb2002 ????????????
Attorneys and members,
please suggest me,i have only 1day left for decision,
vaishu
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vvenkat007
05-12 10:50 AM
Thanks for the info. Its very useful.
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Pro Engineer
08-05 11:12 AM
Hello all,
i could not get answer for this question. for all ppl filed AOS between 2nd july and 17th august, will they process GC application based on PD or RD ?
Person A : PD august 2005 and I-485 filed on : 15 th july
Person B : PD august 2006 and I-485 filed on : 2 nd july
who will get GC first ? Person A or person B ?
thanks in advance.
i could not get answer for this question. for all ppl filed AOS between 2nd july and 17th august, will they process GC application based on PD or RD ?
Person A : PD august 2005 and I-485 filed on : 15 th july
Person B : PD august 2006 and I-485 filed on : 2 nd july
who will get GC first ? Person A or person B ?
thanks in advance.
wandmaker
11-30 06:45 PM
amindarshana: (1) keep checking whether you check cashed or not (2) if 45 days passed from your SR open date - you will have to reconstruct your entire 485 packet and include delivery proof, and a copy of the check that you had sent. - check with your attorney.
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BNB326
08-20 10:11 PM
Any other option available in this condition.
Thank you
Thank you
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yestogc
05-04 09:03 PM
YES, I just checked it is just the employee and not his family.
Thanks for correcting.
Thanks for correcting.
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uma001
12-05 08:31 PM
I got laid off recently.
Now got job with 2 companies. 1 small and 1 big. 3 questions:
(1) Should I select based on my salary? Big company offers more salary.
(2) I have to now start Greencard again. So should I choose big company or small ? Both said they will consider sponsoring if performance is good.
(3) If I transfer H1B Is Big company likely to get RFE or small?
Go with consulting company.They will cooperate for your green card filing in EB-2. Any full time job never gaurantee green card.
Now got job with 2 companies. 1 small and 1 big. 3 questions:
(1) Should I select based on my salary? Big company offers more salary.
(2) I have to now start Greencard again. So should I choose big company or small ? Both said they will consider sponsoring if performance is good.
(3) If I transfer H1B Is Big company likely to get RFE or small?
Go with consulting company.They will cooperate for your green card filing in EB-2. Any full time job never gaurantee green card.
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Lou76
08-03 01:00 PM
Almost 2 years ago I visited an attorney to talk about my I-130. I wasn't very inform at the time and I think the attorney took advantage of me. My mother had recently become a US citizen in 2007 when i visit this attorney. In 2005 my mother filed an I-130 for me so when she became a US citizen I thought I should visit an attorney to "upgrade my petition" since my mother was not longer a permanent resident but a US citizen.
The attorney filed a Form G-28 - Notice of Entry of Appearance as Attorney or Representative which claimed was the petition upgrade. Recently, this past Friday I received noticed that my I-130 has been approved.
Today, I try to contact someone in the attorney's office but all I get is the voice mail. To be honest I have no trust in this attorney but I already paid $850 for this attorney's service which in verbal agreement said to my mother would receive a discount for the next steps in my case. But this attorney has done nothing for me just file a G-28 so a noticed would be delivered to their office.
I would like to know if I decide to find another attorney is there a way I can receive my $850 back some how through the new attorney or with certain process?
Thanks!
The attorney filed a Form G-28 - Notice of Entry of Appearance as Attorney or Representative which claimed was the petition upgrade. Recently, this past Friday I received noticed that my I-130 has been approved.
Today, I try to contact someone in the attorney's office but all I get is the voice mail. To be honest I have no trust in this attorney but I already paid $850 for this attorney's service which in verbal agreement said to my mother would receive a discount for the next steps in my case. But this attorney has done nothing for me just file a G-28 so a noticed would be delivered to their office.
I would like to know if I decide to find another attorney is there a way I can receive my $850 back some how through the new attorney or with certain process?
Thanks!
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crazyghoda
01-25 05:00 PM
I have heard this from a couple of my friends who used AP recently to enter the US. The Immigration officer at the POE told them that their AP is now valid from the date it was first stamped. IOW he now has a full additional year to use the AP for travel.
However, I cannot find this documented anywhere on the USCIS site. My AP was issued in Sept 2008 and is valid till Sept 2009 and I used it to return back from India in Dec 2008. However, I plan to renew my AP 120 days before its original expiry date UNLESS a clear rule gets published clearly mentioning that it is valid for a whole extra year following the first use of the AP document.
However, I cannot find this documented anywhere on the USCIS site. My AP was issued in Sept 2008 and is valid till Sept 2009 and I used it to return back from India in Dec 2008. However, I plan to renew my AP 120 days before its original expiry date UNLESS a clear rule gets published clearly mentioning that it is valid for a whole extra year following the first use of the AP document.
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sath2000
07-17 04:46 PM
Hi,
I posted the same information on FREE answers to questions from an Immigration Lawyer.
Here is my issue regarding the PD.
My Employer applied for labor through RIR under EB2 March6th 2004 which was then transffered to Philadelphia Backlog Center. Our Attorney suggested that we Apply through PERM process and Retain PD from the old case. Converted to PERM and applied on 09/26/2006 which was approved on 12/29/2006 but the letter said that they are not retaining PD from the old application as address is changed. Our employer moved 1 street accross in between these to application in Feb 2006. only street address changed everything including phone number remained same. My attorney said that he talked to the labor department in Chicago telling them that phone number didn't change. They said they will consider it and asked him to send a letter. It has been over 15 months he send the first letter. He said last month he also received a call from chicago office saying that they will take a look at the files.
In the meantime applied for I-140 and I-485 concurrently in July/Aug 2007. I-140 got approved on 05/28/2008 and got RFE for I-485 on 06/13/2008. responded to RFE and now case process resumed.
At this point I am trying to see if anyone have this kinda of issue and got resolved or there is away to get this resolved.
thank you
I posted the same information on FREE answers to questions from an Immigration Lawyer.
Here is my issue regarding the PD.
My Employer applied for labor through RIR under EB2 March6th 2004 which was then transffered to Philadelphia Backlog Center. Our Attorney suggested that we Apply through PERM process and Retain PD from the old case. Converted to PERM and applied on 09/26/2006 which was approved on 12/29/2006 but the letter said that they are not retaining PD from the old application as address is changed. Our employer moved 1 street accross in between these to application in Feb 2006. only street address changed everything including phone number remained same. My attorney said that he talked to the labor department in Chicago telling them that phone number didn't change. They said they will consider it and asked him to send a letter. It has been over 15 months he send the first letter. He said last month he also received a call from chicago office saying that they will take a look at the files.
In the meantime applied for I-140 and I-485 concurrently in July/Aug 2007. I-140 got approved on 05/28/2008 and got RFE for I-485 on 06/13/2008. responded to RFE and now case process resumed.
At this point I am trying to see if anyone have this kinda of issue and got resolved or there is away to get this resolved.
thank you
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dohko
01-11 10:04 PM
I'm not from India. I'm from ROW.
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roseball
09-01 05:56 PM
Thanks a lot for giving a reply on time.
I hope you realise this is a serious issue. You need to find out from your employer who filed your H1 whether he filed it as a "Change of Status" (COS) petition or "Visa to be issued abroad category".
If it was a H1 COS petition, then you have been accruing unlawful H1 status since your H1 start date as your status automatically changed from H4 to H1 (assuming your approval came with an attached I-94). In this case, you need to get back to H4 status. You can do that by re-entering US on a valid H4 visa (preffered way) or by filing a new H1 to H4 COS petition.
If your H1 petition was not filed under COS (filed under Visa to be issued abroad category), then you are still on H4 status (assuming you have been maintaining a valid H4) and there is nothing you need to do. If you want to convert to H1, then you need to go to a consulate mentioned on your H1 application, attend the H1 interview and re-enter US using H1 stamp.
Hope this helps and you take the necessary action.
I hope you realise this is a serious issue. You need to find out from your employer who filed your H1 whether he filed it as a "Change of Status" (COS) petition or "Visa to be issued abroad category".
If it was a H1 COS petition, then you have been accruing unlawful H1 status since your H1 start date as your status automatically changed from H4 to H1 (assuming your approval came with an attached I-94). In this case, you need to get back to H4 status. You can do that by re-entering US on a valid H4 visa (preffered way) or by filing a new H1 to H4 COS petition.
If your H1 petition was not filed under COS (filed under Visa to be issued abroad category), then you are still on H4 status (assuming you have been maintaining a valid H4) and there is nothing you need to do. If you want to convert to H1, then you need to go to a consulate mentioned on your H1 application, attend the H1 interview and re-enter US using H1 stamp.
Hope this helps and you take the necessary action.
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softcrowd
06-17 07:50 PM
I & My wife are working on H1-B visas currently. We two simulataneously started our Greencard process with our employers.
Both of us have a priority date of Sept 2006 & our EB category is Eb2. Both our labors got approved & applied for I-140s. My wife's I-140 got approved recently (from TSC) while Mine is still pending with NSC (Nebraska dates are behind).
A couple of months back, my current employer offered me a pre-aproved EB3 labor (from April 2004) & asked me to apply for I-140 (Substitute). He told me that once approved, I can port this EB3 2004 priority date onto my Eb2 I140. I applied for the same in premium processing, subsequently got an ability-to-Pay RFE and employer is working on providing audited financial statements from 2004.
Overall, we have 3 I-140s between me (2 pending) & my wife (1 Approved). Now that everything is current which one should we pick for applying I-485....This has become a big puzzle for us.
Here below is a snapshot of our status:
Me - EB2 (Sept 2006) - I-140 Pending
- EB3 (Apr 2004) - I-140 Pending (got RFE)
My wife - EB2 (Sept 2006) - I-140 Approved
Here are the options we could think of -
I know, the safest way is to apply I-485 to my wife's approved I-140. But with the DHS's forecast that retrogression is going to be back anytime around Spetember of this year, I am not sure if applying 485 based on a year 2006's date is any useful!! (We get EAD but we may be struck for years to get the green cards).
Is there an option for both of us to apply for I-485s (I will be dependent on my wife's application & my wife would be dependent on my application). If possible, this option gives us a safety net & also helps us in picking up the best. I know at some point, we have to choose between either of the I-485s but hopefully in a couple of months, we get clarity when both my I-140s are approved.
Or is it possible for me to apply for AOS on my pending EB2 2006 I-140 and then once my other Eb3 I-140 is also approved, Can I port the PDs while my I-485 is pending??
In essence, I am trying to find out a way to take advantage of 2004 Priority date I have (assuming Eb3 I-140 is approved).
Could you please help out, if you have any ideas!!
Both of us have a priority date of Sept 2006 & our EB category is Eb2. Both our labors got approved & applied for I-140s. My wife's I-140 got approved recently (from TSC) while Mine is still pending with NSC (Nebraska dates are behind).
A couple of months back, my current employer offered me a pre-aproved EB3 labor (from April 2004) & asked me to apply for I-140 (Substitute). He told me that once approved, I can port this EB3 2004 priority date onto my Eb2 I140. I applied for the same in premium processing, subsequently got an ability-to-Pay RFE and employer is working on providing audited financial statements from 2004.
Overall, we have 3 I-140s between me (2 pending) & my wife (1 Approved). Now that everything is current which one should we pick for applying I-485....This has become a big puzzle for us.
Here below is a snapshot of our status:
Me - EB2 (Sept 2006) - I-140 Pending
- EB3 (Apr 2004) - I-140 Pending (got RFE)
My wife - EB2 (Sept 2006) - I-140 Approved
Here are the options we could think of -
I know, the safest way is to apply I-485 to my wife's approved I-140. But with the DHS's forecast that retrogression is going to be back anytime around Spetember of this year, I am not sure if applying 485 based on a year 2006's date is any useful!! (We get EAD but we may be struck for years to get the green cards).
Is there an option for both of us to apply for I-485s (I will be dependent on my wife's application & my wife would be dependent on my application). If possible, this option gives us a safety net & also helps us in picking up the best. I know at some point, we have to choose between either of the I-485s but hopefully in a couple of months, we get clarity when both my I-140s are approved.
Or is it possible for me to apply for AOS on my pending EB2 2006 I-140 and then once my other Eb3 I-140 is also approved, Can I port the PDs while my I-485 is pending??
In essence, I am trying to find out a way to take advantage of 2004 Priority date I have (assuming Eb3 I-140 is approved).
Could you please help out, if you have any ideas!!
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vban2007
10-23 03:00 PM
Pls reply
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rajeshalex
07-31 08:34 PM
thank u all. I will do the education evaluation. No need of taking risk/getting RFE
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ivgclive
04-06 06:47 PM
My mother scheduled a trip to USA on May 1st. I am concerned about her passport. Her old passport got wet on the borders of the first two and last two pages. VISA was stamped in the old passport which seems to be safe. I do not see any wet appearance on the borders of the VISA page. The old wet passport expired anyway. And she got new one. Will it be safe to travel with these two passport having wet old passport containing VISA stamp? Thanks.
It may sound harsh.
Airlines will no longer take responsibility over the travel documents.
Considering her age and POE situation, you should think about transfering VISA to the new passport. What would be the expense, $150? It is worth.
They are old. Make their travel comfortable, convenient, enjoyable and most importantly secured.
It may sound harsh.
Airlines will no longer take responsibility over the travel documents.
Considering her age and POE situation, you should think about transfering VISA to the new passport. What would be the expense, $150? It is worth.
They are old. Make their travel comfortable, convenient, enjoyable and most importantly secured.
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pd_recapturing
06-17 09:17 PM
Hi guys, I have a unique situation, thanks to july visa bulletin. I have a EB3 labor and I 140 approved with the PD as May 2004. Recently I applied EB2 PERM in order to port the PD from EB3 to EB2. My EB2 perm is approved now. Now, I am in dilemma to choose between EB2 and EB3. I can apply EB2 I 140 and I 485 concurrently (by assuming that they will port the PD) or I can apply I485 (for previously approved EB3). Please suggest as to what route I should take.
knowDOL
05-22 05:12 PM
1. YES
2. Your employer not only should not revoke your I140 but should not be using the LC for someone else. If he chooses use it for some one else the originla beneficiary will no longer get its benefits.
3. The condition for three years extension is you are not able to get to I485 because of retrogression so they will give you three years,
It is possible with a different employer only if the new LC and I140 is approved and you are waiting to file I485.
This is what I know, but I am not an attorney so better to talk to your (new) company attorney before making the move.
2. Your employer not only should not revoke your I140 but should not be using the LC for someone else. If he chooses use it for some one else the originla beneficiary will no longer get its benefits.
3. The condition for three years extension is you are not able to get to I485 because of retrogression so they will give you three years,
It is possible with a different employer only if the new LC and I140 is approved and you are waiting to file I485.
This is what I know, but I am not an attorney so better to talk to your (new) company attorney before making the move.
thesparky007
05-02 08:09 PM
haha lol!
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