plassey
07-23 10:41 PM
I think, he should run for his life from his in laws now...:)
with a GC already fatest option might be to go to Mahabaleshwar for some honeymoon:)
with a GC already fatest option might be to go to Mahabaleshwar for some honeymoon:)
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natrajs
03-13 10:17 AM
Received a mail for myself and my wife. welcome to USA. But no email from CRIS.
:):):):):):)
Congrats and Best Wishes , After a Long wait !!
:):):):):):)
Congrats and Best Wishes , After a Long wait !!
raj2007
06-21 03:52 AM
In case the I-485 is filed concurrently with I-140 or on the basis of a I-140 "pending approval", if the "I-140" is rejected (say because it was incorrectly classified as EB-2 when it should have been EB-3), then is the I-485 also automatically rejected? (My guess: YES)
If this happens to you, does this mean you may not be able to resubmit I-485 if your "priority date" is not current at the time you came to know it got rejected? (My guess: YES... and this is a scary scenario.)
Finally, if the I-140 (EB2) is mentions the requirement to be "BS + 5 years of post BS experience", but the the reviewing officer thinks that the 140 application is not supported by "proper" evidence of 5 years of progressive post BS experience.... then would it generate an RFE or would it straightaway cause a rejection of the I-140?
Experts, please comment. I may have to face this scenario.
Thanks!
Abhijit
Contribution so far: $100
You should get RFE but rules are changing all the time. If you are not sure file 2nd I-140 with EB3.
If this happens to you, does this mean you may not be able to resubmit I-485 if your "priority date" is not current at the time you came to know it got rejected? (My guess: YES... and this is a scary scenario.)
Finally, if the I-140 (EB2) is mentions the requirement to be "BS + 5 years of post BS experience", but the the reviewing officer thinks that the 140 application is not supported by "proper" evidence of 5 years of progressive post BS experience.... then would it generate an RFE or would it straightaway cause a rejection of the I-140?
Experts, please comment. I may have to face this scenario.
Thanks!
Abhijit
Contribution so far: $100
You should get RFE but rules are changing all the time. If you are not sure file 2nd I-140 with EB3.
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hemasar
05-24 10:10 AM
I thought this would be the most appropriate place to post.
I am on my 3rd year of H1-B (non-technical field), just moved to a new company and was going to start my process toward getting a gc in the next month or so. Now, with all of this, I am very confused.
Do you folks think that it is most appropriate to sit tight and wait to see what happens? or to just go for it now?
I'd appreciate your input, as I have to make a decision soon.
If your employer is sponsoring your GC (LC and I140 by spending their money) then go for it.
I am on my 3rd year of H1-B (non-technical field), just moved to a new company and was going to start my process toward getting a gc in the next month or so. Now, with all of this, I am very confused.
Do you folks think that it is most appropriate to sit tight and wait to see what happens? or to just go for it now?
I'd appreciate your input, as I have to make a decision soon.
If your employer is sponsoring your GC (LC and I140 by spending their money) then go for it.
more...
panks
04-01 10:06 PM
Hello,
I need some urgent advise for potential steps after I-140 denial in my case. Please bear with me for some context.
In July'09 , I received a RFE on one of my two approved I-140.
This I-140 in question, was related to PERM labor and was approved in Jan'07 and had the PD of Oct' 06.
I had another I-140 pending approval at that time which was related to Pre-PERM/RIR labor and which had the PD of Oct' 04.
In July-Aug'07 window of 485 filing, I filed my 485 application referencing both I-140's ,
the reason we referenced non approved I-140 because it had an ealier PD.
The Oct'04 (earlier) PD I-140 was subsequently approved in Oct'07 just after few short months of 485 filing.
Both Labors/I-140s were in EB2. Now the RFE was due to 3 year degree , USCIS argued that they will not accept my NIIT diploma towards a 4 year degree althougth all other times they did. Anyway we responded to RFE , the lawyer made some arguments with an additional Educational evalaution, also agreeing to the possibility of shifting of I-140 from EB2 to EB3. Last week I received a very detailed response both in breadth and depth on that RFE, totalling ten pages and it concluded with the revocation of I-140 in question. They also denied the possibility of shifting to EB3 from EB2. We do have the option to appeal.
Today, I had a meeting with attorneys and my company's HR director on this and my attorney's recommendation was :
Because we have another I-140 in play , so we may be able to request USCIS to close the file on denied I-140 , at the same time also requesting to approve the 485 since the PD is currently current on that one. As far as I can understand this is a strategy of hope. Although hope is not a solution but the reason I see some merit towards this because both labors are completely different and their requirements are very different, so USCIS *should* not just deny the 485 based on just denied I-140. At worst they *should* give us a similar RFE and an opportunity to respond. Attorney also indicates that this 3 year degree issue is mostly with PERM applications and not with others.
The reason he says this is the better option because he is not confident that we will win the appeal. By reading the USCIS response on RFE , I am not sure of that either. If we file the appeal not caring what the result might be ..according to attorney and this I am not sure of is that when we file the appeal all processing will be **FROZEN** including 485 and would rob us of having a shot of approval via current PD's I-140.
The company has agreed to file a new Labor in EB3 as a backstop measure , however as you might understand I would be looking at least 10 years before I get GC with an EB3 2010 PD.
I came here in 2000 and it has already passed 10 years , however this is necessary so that I keep extending my H1.
I do have an extended H1 valild till 2012, however last year when I retuned to US from INDIA , I came on AP , so I think if in worst case my 485 gets denied in effect nullifying my EAD and AP. I would have to go out of country to revalidate my H1 and then come back.
My question to boarders here is :
a) What do you think about my options ? Is the Strategy of hope is the best one right now ?
b) Do really all processing gets frozen when we file an appeal on a denied I-140, specially in my case where I have two I-140s ?
c) Any other innovative ideas ?
-Thanks in advance.
Panks
I need some urgent advise for potential steps after I-140 denial in my case. Please bear with me for some context.
In July'09 , I received a RFE on one of my two approved I-140.
This I-140 in question, was related to PERM labor and was approved in Jan'07 and had the PD of Oct' 06.
I had another I-140 pending approval at that time which was related to Pre-PERM/RIR labor and which had the PD of Oct' 04.
In July-Aug'07 window of 485 filing, I filed my 485 application referencing both I-140's ,
the reason we referenced non approved I-140 because it had an ealier PD.
The Oct'04 (earlier) PD I-140 was subsequently approved in Oct'07 just after few short months of 485 filing.
Both Labors/I-140s were in EB2. Now the RFE was due to 3 year degree , USCIS argued that they will not accept my NIIT diploma towards a 4 year degree althougth all other times they did. Anyway we responded to RFE , the lawyer made some arguments with an additional Educational evalaution, also agreeing to the possibility of shifting of I-140 from EB2 to EB3. Last week I received a very detailed response both in breadth and depth on that RFE, totalling ten pages and it concluded with the revocation of I-140 in question. They also denied the possibility of shifting to EB3 from EB2. We do have the option to appeal.
Today, I had a meeting with attorneys and my company's HR director on this and my attorney's recommendation was :
Because we have another I-140 in play , so we may be able to request USCIS to close the file on denied I-140 , at the same time also requesting to approve the 485 since the PD is currently current on that one. As far as I can understand this is a strategy of hope. Although hope is not a solution but the reason I see some merit towards this because both labors are completely different and their requirements are very different, so USCIS *should* not just deny the 485 based on just denied I-140. At worst they *should* give us a similar RFE and an opportunity to respond. Attorney also indicates that this 3 year degree issue is mostly with PERM applications and not with others.
The reason he says this is the better option because he is not confident that we will win the appeal. By reading the USCIS response on RFE , I am not sure of that either. If we file the appeal not caring what the result might be ..according to attorney and this I am not sure of is that when we file the appeal all processing will be **FROZEN** including 485 and would rob us of having a shot of approval via current PD's I-140.
The company has agreed to file a new Labor in EB3 as a backstop measure , however as you might understand I would be looking at least 10 years before I get GC with an EB3 2010 PD.
I came here in 2000 and it has already passed 10 years , however this is necessary so that I keep extending my H1.
I do have an extended H1 valild till 2012, however last year when I retuned to US from INDIA , I came on AP , so I think if in worst case my 485 gets denied in effect nullifying my EAD and AP. I would have to go out of country to revalidate my H1 and then come back.
My question to boarders here is :
a) What do you think about my options ? Is the Strategy of hope is the best one right now ?
b) Do really all processing gets frozen when we file an appeal on a denied I-140, specially in my case where I have two I-140s ?
c) Any other innovative ideas ?
-Thanks in advance.
Panks
Texascitypaul
02-23 04:24 PM
I just like to add that if your wife is not making enough money, then you have to find someone who can provide affidavit of support along with the filing of green card for you.
1. You are entitled to file adjustment of status application.
2. Affidavit of support is required for anyone who files green card application.
Good luck.
Just to clarify
I can file for AOS even though i am well over my 194 and came in under the VWP from the uk?
Finding a sponsor for me would not be difficult though i was led to believe it had to be my spouse is this not the case?
Thankyou very much for your response it is much appreciated
Paul.
1. You are entitled to file adjustment of status application.
2. Affidavit of support is required for anyone who files green card application.
Good luck.
Just to clarify
I can file for AOS even though i am well over my 194 and came in under the VWP from the uk?
Finding a sponsor for me would not be difficult though i was led to believe it had to be my spouse is this not the case?
Thankyou very much for your response it is much appreciated
Paul.
more...
sureshvd
10-15 11:15 AM
Hi svr_76,
By accepting citizenship will not make you "FORIEGN". Even after 10 yrs you still be looked as Indian immigrant after all. You are right in a sense that sooner we all will cry for for PIO card.
By accepting citizenship will not make you "FORIEGN". Even after 10 yrs you still be looked as Indian immigrant after all. You are right in a sense that sooner we all will cry for for PIO card.
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aaren253
02-19 02:51 AM
ok i 16 and i want to go to pasadena art center for transportation...and i want to know is their llike a art school that i can go to to help me create a portfolio and enhance my skills in sketching.
more...
waitin_toolong
11-06 08:29 AM
hey no one checks if you really need it or not, maybe request one for MIL or whoever is more feeble. It always helps the first time. Getting in and out of planes and getting to right place at right time. (you are not charged anything for service, though some tip is always appreciated).
You and spouse will also have an easier time from the time they board to the time you meet them.
You and spouse will also have an easier time from the time they board to the time you meet them.
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GotFreedom?
07-23 05:28 PM
It varies from state to state based upon which money pool is used to pay the beneficiaries, but it is wise to not to go for it. You will show up as social burden at the time of adjudication and may affect the IOs descision while granting you the AOS approval or not.
Its my 2 cents. You may wanna talk to your attorney before even thinking about filing for such benefits.
Its my 2 cents. You may wanna talk to your attorney before even thinking about filing for such benefits.
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Sakthisagar
10-20 10:26 AM
As per The Oh Law Firm (http://www.immigration-law.com/)
10/19/2010: Senator Grassley of IA (R) Drops Second Bombshell Placing Immigrant Community in Shocks and Speechless
The Republican Senator Chuck Grassley of Iowa lately dropped the first bomb by obtaining and releasing to the media the USCIS internal memo on the Administrative Alternatives to the CIR, stirrming a political quackmire. Last week, he dropped the second bomb by releasing his letter to the USCIS Director accusing him of pressuring the California Service Center adjudicators to speed up adjudication of petitions.
http://grassley.senate.gov/news/Article.cfm?customel_dataPageID_1502=29635
This Senator is real Anti Legal immigrant and does not have much knowledge of suffering and perseverance immigrants have in general. This guy should be educated soon properly.
10/19/2010: Senator Grassley of IA (R) Drops Second Bombshell Placing Immigrant Community in Shocks and Speechless
The Republican Senator Chuck Grassley of Iowa lately dropped the first bomb by obtaining and releasing to the media the USCIS internal memo on the Administrative Alternatives to the CIR, stirrming a political quackmire. Last week, he dropped the second bomb by releasing his letter to the USCIS Director accusing him of pressuring the California Service Center adjudicators to speed up adjudication of petitions.
http://grassley.senate.gov/news/Article.cfm?customel_dataPageID_1502=29635
This Senator is real Anti Legal immigrant and does not have much knowledge of suffering and perseverance immigrants have in general. This guy should be educated soon properly.
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eb3_nepa
11-06 09:25 AM
Any more inputs anyone?
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bobzibub
10-06 01:27 PM
Attempting to get USCIS to post a page like that would be like squeezing blood from a stone.
Example: When AILA asked USCIS whether moonlighting on an 485 derived EAD voids your H1-B (when you also keep your main job) seven months ago, they "take it under advice" but haven't bothered to answer the question. I've asked my lawyers and they are unwilling to say either way because they think USCIS could rule on it some day.
Leadership. They've heard of it.
Example: When AILA asked USCIS whether moonlighting on an 485 derived EAD voids your H1-B (when you also keep your main job) seven months ago, they "take it under advice" but haven't bothered to answer the question. I've asked my lawyers and they are unwilling to say either way because they think USCIS could rule on it some day.
Leadership. They've heard of it.
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coopheal
04-13 12:13 AM
That is incorrect. USCIS would send a copy of RFE to you as well.
My wife got a medical RFE and I'm looking at the letter from USCIS as I type.
Yes, We did sign the lawyer form. Lawyer first got a copy and informed us. He also told us that we would be getting one. And we got one.
For me I never got a any communication directly from USCIS for the RFE.
My wife got a medical RFE and I'm looking at the letter from USCIS as I type.
Yes, We did sign the lawyer form. Lawyer first got a copy and informed us. He also told us that we would be getting one. And we got one.
For me I never got a any communication directly from USCIS for the RFE.
more...
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anu_t
06-17 12:20 PM
I am in the same boat too. Only difference is that I have formally accepted the offer and it's in the same corporation (but different legal entity).
My lawyer recommended that I have three options
1) Start over and recapture your PD. She mentioned that this is the cleanest option.
2) Apply for 485 from your old job and then move to the other job after six months
3) Move to the new job but apply for your 485 from your old job.However, you will need to move back to your old job once you get your Green Card.
I believe Option 3 is the best for all of you. Try contacting your old employers to see if they can file for your 485. That said, once your complete your six months after applying for 485, you can technically move. Now I am not sure if this will work, but can we not move into another company at more apparent time before the actual receipt of the Green Card. Also, given the severe retrogression expected, it may be a long wait and this move may potentially not have to happen for a while.
Please note the above is my opinion and you will need to consult your own lawyers.
How come option 1 will work if the law passes? First you have to apply for the labour and then only u can capture the old pd.
But we even can't apply for the labour so there is no point in capturing the old pd. Am I making the valid point here? Correct me if I am wrong.
My lawyer recommended that I have three options
1) Start over and recapture your PD. She mentioned that this is the cleanest option.
2) Apply for 485 from your old job and then move to the other job after six months
3) Move to the new job but apply for your 485 from your old job.However, you will need to move back to your old job once you get your Green Card.
I believe Option 3 is the best for all of you. Try contacting your old employers to see if they can file for your 485. That said, once your complete your six months after applying for 485, you can technically move. Now I am not sure if this will work, but can we not move into another company at more apparent time before the actual receipt of the Green Card. Also, given the severe retrogression expected, it may be a long wait and this move may potentially not have to happen for a while.
Please note the above is my opinion and you will need to consult your own lawyers.
How come option 1 will work if the law passes? First you have to apply for the labour and then only u can capture the old pd.
But we even can't apply for the labour so there is no point in capturing the old pd. Am I making the valid point here? Correct me if I am wrong.
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GCBy3000
09-15 05:03 PM
My argument is it better to take a side on immigration issue or not. Maintaining status quo is better than including some releif for legal immigrants. I bet people in US like legal immigrants to legal immigrants, but how many people is ?. Will this favor any politicians to garner some votes or will it back fire? No one knows and that is why I said at this time of election period, it is better for them to maintain status quo than favoring legal immigrants.
If they pass something for legal immigrants for sure they are going to lose some votes who are favoring illegal immigrants which is bigger number than people favoring legals. So I dont think they will take a risk at this time to favor legal immigrants in any bills if at all there is one before the election.
I am not sure if this is entirely true. Yes we can't vote but folks who are pro-immigrant can and they will decide if legal immigration is good for this country or not. Trust me, if everyone was against legal immigration in this country then none of us would be here in the first place. Everyone knows that there is a shortage of labor and migrants are needed to fill the jobs. ............
.
If they pass something for legal immigrants for sure they are going to lose some votes who are favoring illegal immigrants which is bigger number than people favoring legals. So I dont think they will take a risk at this time to favor legal immigrants in any bills if at all there is one before the election.
I am not sure if this is entirely true. Yes we can't vote but folks who are pro-immigrant can and they will decide if legal immigration is good for this country or not. Trust me, if everyone was against legal immigration in this country then none of us would be here in the first place. Everyone knows that there is a shortage of labor and migrants are needed to fill the jobs. ............
.
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bheemi
07-31 05:41 PM
Unless you use AP to travel outside, you can work on EAD and status of H4 is not going to be affected..So dont fear, just pose the question to lawyer in immigration-law.com. Or else you can search in the advanced q/a in that website u may find answer..
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manderson
03-17 11:02 AM
I think becoz of anti-immigrant trolls on this website such activities has been taken offline to State Chapters. If you really want to participate then it's best to join your State Chapter:
http://immigrationvoice.org/index.php?option=com_content&task=view&id=72&Itemid=52
I checked the full text of this bill, it does not have anything else besides temporary quota increase for H-1B.
How can we actively participate in this process? How can we find out about such bills when they are still in the works and make suggestions to the lawmakers to include relief for EB issues?
http://immigrationvoice.org/index.php?option=com_content&task=view&id=72&Itemid=52
I checked the full text of this bill, it does not have anything else besides temporary quota increase for H-1B.
How can we actively participate in this process? How can we find out about such bills when they are still in the works and make suggestions to the lawmakers to include relief for EB issues?
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chnaveen
07-07 05:11 PM
friends,
We are in a process of divorce . Last year I filed employment based 485 with my wife as depended. Now we both have EAD and she is working under EAD. If we divorce while 485 is pending who go out of status? Me or my wife? Is both 485 will be canceled? Or both are safe. If I marry again is it possible to bring my new wife under my filed 485 petition?
Thanks for your help.
balan
I485 Filed on July 2, 2007.
Who ever is dependent, they have to be in the relationship with the Primary until the GC is approved. If the relationship gets broken before the GC approval, the dependent's GC will be denied. But again, if the USCIS is not aware of the divorce and no RFE's then even the dependent also gets approved. But one should always inform USCIS about their change in Status, it may be an Address Change, Employer Change, Marital Status change.
The Primary's GC application will not be affected with the Divorce.
We are in a process of divorce . Last year I filed employment based 485 with my wife as depended. Now we both have EAD and she is working under EAD. If we divorce while 485 is pending who go out of status? Me or my wife? Is both 485 will be canceled? Or both are safe. If I marry again is it possible to bring my new wife under my filed 485 petition?
Thanks for your help.
balan
I485 Filed on July 2, 2007.
Who ever is dependent, they have to be in the relationship with the Primary until the GC is approved. If the relationship gets broken before the GC approval, the dependent's GC will be denied. But again, if the USCIS is not aware of the divorce and no RFE's then even the dependent also gets approved. But one should always inform USCIS about their change in Status, it may be an Address Change, Employer Change, Marital Status change.
The Primary's GC application will not be affected with the Divorce.
sam_hoosier
12-14 10:35 AM
Munnabhai,
I have recevied I-140 RFE on all of the above u mentioned 1,2,3. i have 3 years degree.Labour doesnt match with edu.i am hpoing to get reject :).thats what attorney saying.
Why are you HOPING to get rejected ? :D
But if you expect to get rejected, you should get a new case ready and file as soon as you know for sure that the first one ha been rejected.
I have recevied I-140 RFE on all of the above u mentioned 1,2,3. i have 3 years degree.Labour doesnt match with edu.i am hpoing to get reject :).thats what attorney saying.
Why are you HOPING to get rejected ? :D
But if you expect to get rejected, you should get a new case ready and file as soon as you know for sure that the first one ha been rejected.
satishku_2000
07-08 04:35 PM
Just rated and added my comments. Folks dont think about the result , just do your part ...:)
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