saro28
12-10 06:44 PM
Congrats! I tried the same like you, so far INS didn't respond.
My PD 12/2001 - EB3
My wife's PD 12/204 -EB2
Filed cased independently back in 2007 (pre & post july fiasco). In september lawyer sent
a letter to INS with marriage certificate to adjudicate both the cases together. By september end INS promptly approved my wife's GC. When I spoke to INS over phone, they mentioned the letter is of no use, since my wife's case is approved.:confused:
Any suggestions how to proceed. Out of job now, moving on to EAD from H1 after 10 years!
My PD 12/2001 - EB3
My wife's PD 12/204 -EB2
Filed cased independently back in 2007 (pre & post july fiasco). In september lawyer sent
a letter to INS with marriage certificate to adjudicate both the cases together. By september end INS promptly approved my wife's GC. When I spoke to INS over phone, they mentioned the letter is of no use, since my wife's case is approved.:confused:
Any suggestions how to proceed. Out of job now, moving on to EAD from H1 after 10 years!
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bin673
11-17 12:55 AM
am in..
chintu25
07-09 03:15 PM
Shree,
I am with you keep mne posted I can volunteer with any help required for the same I am from Canton Cell 405-627-8217
Thanks
I am with you keep mne posted I can volunteer with any help required for the same I am from Canton Cell 405-627-8217
Thanks
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shaq
02-14 08:32 AM
My wife worked as a consultant for first half of 2008 with a desi employer as an employee (on W-2). After many calls and emails we received W-2 Thursday that has income and taxes of only first two months. Now he says that he showed remaining 4 months as his profit so he can only send 1099. Please advise if I can take any legal action against this employer.
Thank you
Thank you
more...
rajwa
04-04 10:47 AM
IV Core Team, you guys are doing a great job. It is very much appreciated.
ivar
06-30 02:37 PM
My old I-140 is still active so it was safe while porting. I am not sure what happens if the old I-140 is revoked, sorry i don't have answer for this..
HI Ivar,
So in your case, did your older employer cancel or withdraw the I - 140 or it was active. Do you know if you can still port the priorty date if the I140 is withdrawn by the older employer. I have looked at most of the forums and haven't found a concrete answer to this question.
HI Ivar,
So in your case, did your older employer cancel or withdraw the I - 140 or it was active. Do you know if you can still port the priorty date if the I140 is withdrawn by the older employer. I have looked at most of the forums and haven't found a concrete answer to this question.
more...
Steven-T
January 30th, 2004, 02:24 PM
And any time a product drops by 50% in 1 year its normally not a good sign. Scott
One benefit in staying with Nikon, at least for the time being, is that I don't have to compete with DavidP & Co. for those abundant "9, 9+, 10, R, D etc" rated used Nikon lenses on the market (B&H, Adorama ...). LOL.
Steven
One benefit in staying with Nikon, at least for the time being, is that I don't have to compete with DavidP & Co. for those abundant "9, 9+, 10, R, D etc" rated used Nikon lenses on the market (B&H, Adorama ...). LOL.
Steven
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WeShallOvercome
07-19 01:27 PM
My Lawyer does whatever my employer tells him. They never give any receipt notice or approval notice to employees.
They did not even let me file my EAD and AP along with I-485.
I can file EAD/AP myself but I'm worried they might not give me the receipt notice of my I-485 filed in july, in a last ditch effort to prevent me from fleeing(I don't yet have any intention btw) or atleast make it difficult for me.
I'm sure there would be many in this situation.
Any thoughts what can be done?
They did not even let me file my EAD and AP along with I-485.
I can file EAD/AP myself but I'm worried they might not give me the receipt notice of my I-485 filed in july, in a last ditch effort to prevent me from fleeing(I don't yet have any intention btw) or atleast make it difficult for me.
I'm sure there would be many in this situation.
Any thoughts what can be done?
more...
krishnam70
10-02 03:40 PM
Hello Everybody,
Due to budget restrictions, I may be getting laid off from my company soon. I have filed for I-485 and have received EAD. I am currently on H1B. I have a citizen friend who runs his own company. He has no employees. He does pretty much all work by him self or get it done by hiring outsouced help whenever needed. He has a legitimate company - but he does not have big revenue (May be 100K/ year). Would it be okay if I join his company on EAD to get my GC going or should I look for a firm that employs lot of people and has sizable revenues. What (if any) are any risks?
Thank you.
Some scenarios to consider
1. If 140 is approved and its been 6 months since date of 485 application and your company who sponsored is not revoking 140, then ability to pay might not matter and you don't care since you can use AC21
2. If 140 is approved and it has not been 6 months since 485 application date and you are on good terms with and your employer is not going to revoke your 140 , take an unpaid vacation to fill the 6 months gap if you can, then you are still safe to use AC21.
3. If your 140 is not approved but you have passed the 180 days litmus test and you use AC21 to move to another employer then the ability to pay might come in to picture if any RFE is done by USCIS.
4. If 140 is not approved and you have not passed 180 days its a variation of the 2nd case and if you can pull it off you can use AC21 and work elsewhere later.
there might be other scenarios but consider each of them carefully before making the decision. While it might seem a simple decision having come so far in your journey you don't want to make as wrong decision only to rue it.
- good luck
Due to budget restrictions, I may be getting laid off from my company soon. I have filed for I-485 and have received EAD. I am currently on H1B. I have a citizen friend who runs his own company. He has no employees. He does pretty much all work by him self or get it done by hiring outsouced help whenever needed. He has a legitimate company - but he does not have big revenue (May be 100K/ year). Would it be okay if I join his company on EAD to get my GC going or should I look for a firm that employs lot of people and has sizable revenues. What (if any) are any risks?
Thank you.
Some scenarios to consider
1. If 140 is approved and its been 6 months since date of 485 application and your company who sponsored is not revoking 140, then ability to pay might not matter and you don't care since you can use AC21
2. If 140 is approved and it has not been 6 months since 485 application date and you are on good terms with and your employer is not going to revoke your 140 , take an unpaid vacation to fill the 6 months gap if you can, then you are still safe to use AC21.
3. If your 140 is not approved but you have passed the 180 days litmus test and you use AC21 to move to another employer then the ability to pay might come in to picture if any RFE is done by USCIS.
4. If 140 is not approved and you have not passed 180 days its a variation of the 2nd case and if you can pull it off you can use AC21 and work elsewhere later.
there might be other scenarios but consider each of them carefully before making the decision. While it might seem a simple decision having come so far in your journey you don't want to make as wrong decision only to rue it.
- good luck
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anilsal
09-19 08:34 AM
when I reached DC on Monday. Countless "Airborne" tabs in water during the day kept me going for the lawmaker meetings(I did 95% of the talking), the reception on Monday evening and the rally.
I cannot explain the experience felt at the rally. There were infants, small children and many many strollers. I took pictures of all of them (will upload during the day).
I was thrilled to meet "macaca". "guyfromsg" was awesome with his spirit all throughout. Chandu sported dark glasses and looked awesome and he was still charged to get more people to the rally.
It is very unfortunate that many of you just squandered such a great opportunity to be part of history. The 1500 numbers floating around is not true. There were more people than that. We will know soon from IV core.
Greg Siskind sported his IV TShirt and he was proud to be taking part in the rally. He spent a lot of time with IV.
"NeedHelp" came with her 3-4 year old daughter who is quite sweet and sat at the first row at the gathering on the lawns of the US Capitol.
I cannot explain the experience felt at the rally. There were infants, small children and many many strollers. I took pictures of all of them (will upload during the day).
I was thrilled to meet "macaca". "guyfromsg" was awesome with his spirit all throughout. Chandu sported dark glasses and looked awesome and he was still charged to get more people to the rally.
It is very unfortunate that many of you just squandered such a great opportunity to be part of history. The 1500 numbers floating around is not true. There were more people than that. We will know soon from IV core.
Greg Siskind sported his IV TShirt and he was proud to be taking part in the rally. He spent a lot of time with IV.
"NeedHelp" came with her 3-4 year old daughter who is quite sweet and sat at the first row at the gathering on the lawns of the US Capitol.
more...
PDOCT05
08-23 02:58 PM
Hi,
I got my EAD today...Even i received my Wife EAD also...Mine is sent to NSC on july 2nd...I received EAD's from Texas Center...I think my application was transferred to Texas...I have approved I-140 from Texas...Are receipt numbers for EAD, 485, AP are in serial? I haven't received receipts yet...I filled G-28...my attorney did not receive my receipts...I don't know what is going on...
Congrats ..Hope we will also get some thing soon.
I got my EAD today...Even i received my Wife EAD also...Mine is sent to NSC on july 2nd...I received EAD's from Texas Center...I think my application was transferred to Texas...I have approved I-140 from Texas...Are receipt numbers for EAD, 485, AP are in serial? I haven't received receipts yet...I filled G-28...my attorney did not receive my receipts...I don't know what is going on...
Congrats ..Hope we will also get some thing soon.
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sankap
08-24 01:19 PM
AC21 has nothing to do with EAD.
So, does that mean there's no need to invoke AC21 after you get you get EAD, if you want to change employer before 180 days of your filing?
So, does that mean there's no need to invoke AC21 after you get you get EAD, if you want to change employer before 180 days of your filing?
more...
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champu
03-12 07:08 PM
This is how it should be done...
- request USCIS to port your PD from already approved I-140 from past employer
USCIS may or may not do it for you
- if not apply for I-485 using Category of 2nd (should be EB2) and PD from 1st one. You need to attach both of these with I-485 application and of course a covering letter stating what you are doing.
Here is the extract from the law -
QUOTE
(3) Priority Date Based on Earlier Petition.
If an alien is the beneficiary of two (or more) approved employment-based immigrant visa petitions, the priority of the earlier petition may be applied to all subsequently-filed employment-based petitions. For example:
Company A files a labor certification request on behalf of an alien ("Joe") as a janitor on January 10, 2003. The DOL issues the certification on March 20, 2003. Company A later files, and USCIS approves, a relating I-140 visa petition under the EB-3 category. On July 15, 2003, Joe files a second I-140 visa petition in his own behalf as a rocket scientist under the EB-1 category, which USCIS approves. Joe is entitled to use the January 10, 2003, priority date to apply for adjustment under either the EB-1 or the EB-3 classification.
UNQUOTE
Disclaimer -
I am not a lawyer and this is not a legal advise. You may want to talk a immigration attorney for exact interpretation
Now why I suggested you yesterday not to do it -
2nd option - may seem like you would be adjudicated using PD from 1st and Category from 2nd (EB2). But this is what USCIS is telling me know-
we would approve your application if either of these PD gets current in their respective categories.
Kid! you got it now...:rolleyes:
- request USCIS to port your PD from already approved I-140 from past employer
USCIS may or may not do it for you
- if not apply for I-485 using Category of 2nd (should be EB2) and PD from 1st one. You need to attach both of these with I-485 application and of course a covering letter stating what you are doing.
Here is the extract from the law -
QUOTE
(3) Priority Date Based on Earlier Petition.
If an alien is the beneficiary of two (or more) approved employment-based immigrant visa petitions, the priority of the earlier petition may be applied to all subsequently-filed employment-based petitions. For example:
Company A files a labor certification request on behalf of an alien ("Joe") as a janitor on January 10, 2003. The DOL issues the certification on March 20, 2003. Company A later files, and USCIS approves, a relating I-140 visa petition under the EB-3 category. On July 15, 2003, Joe files a second I-140 visa petition in his own behalf as a rocket scientist under the EB-1 category, which USCIS approves. Joe is entitled to use the January 10, 2003, priority date to apply for adjustment under either the EB-1 or the EB-3 classification.
UNQUOTE
Disclaimer -
I am not a lawyer and this is not a legal advise. You may want to talk a immigration attorney for exact interpretation
Now why I suggested you yesterday not to do it -
2nd option - may seem like you would be adjudicated using PD from 1st and Category from 2nd (EB2). But this is what USCIS is telling me know-
we would approve your application if either of these PD gets current in their respective categories.
Kid! you got it now...:rolleyes:
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madras1
02-23 09:09 AM
But guys I am in EB3 Dec 2004. As per current phase I will be getting my GC some where in 2023
Yeah. There is no way you are getting your green card in near future. Sorry buddy! I am realistic like you. :( I guess USCIS is ripping you off.
PS: Good luck to you, if this really means you get your greencard in near future.
Yeah. There is no way you are getting your green card in near future. Sorry buddy! I am realistic like you. :( I guess USCIS is ripping you off.
PS: Good luck to you, if this really means you get your greencard in near future.
more...
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gcnirvana
05-17 06:17 PM
Thanks for the link. I looked at it before I posted my case but I don't think it was a mistake by the customs officer. He specifically told me that he cannot stamp the date of the future I-797's expiry date (Jun 2010) and asked me to contact my local office just before the current visa expires. My current one expires June 04 2007. The future 797 is valid from June 05 2007 till June 04 2010. But my visa stamping in the passport is till June 04 2010.
Search the forum:
http://immigrationvoice.org/forum/showthread.php?t=2541
Search the forum:
http://immigrationvoice.org/forum/showthread.php?t=2541
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Circus123
02-11 11:36 AM
Yes I think you ar confusing the processing times with the actual bulletin date.
The dates as you vision seems to be highly optimistic ...
Yes it will be true in 10 years or so...
The dates as you vision seems to be highly optimistic ...
Yes it will be true in 10 years or so...
more...
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abhikal
04-28 07:38 PM
Thanks a lot for this !!
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ras
01-09 07:08 AM
My lawyer says "If we file the I-140 based on the LC-PERM, we would interfile it into your pending AOS, so your AOS would be pending based on the pending I-140 (NOT the withdrawn LC Sub)."
Is it possible to interfile if the PD is not current? My pending LC SUB and the PERM LC PD, both are not current. Please confirm whether it is true or not. This will help me make my case.
sent PM please check it.
Is it possible to interfile if the PD is not current? My pending LC SUB and the PERM LC PD, both are not current. Please confirm whether it is true or not. This will help me make my case.
sent PM please check it.
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whiteStallion
12-04 01:32 AM
Well said !
We all know this EB3-EB2 game is total non-sense and unjust.
So many extra-ordinary people who could/should have been in EB2 are in EB3 simply because : corporate lawyer filed in wrong category, they did not want to work for a desi employer who would file in EB2 in exchange for a lot of things, they did not want to buy an approved labor and create fake experience certs/affidavits, or for various other family/job realated reasons which have nothing to do with his/her education/skills/experience.
At the same time, a lot of street smart people got their EB2 labor/I140 approved while they worked at gas stations.
In my opinion all IT professionals, MBA's, Lawyers, Doctors and all other BE/Btech/ME/MTech engg. should be in SAME category (EB2 or EB3). The only people who should be in a preferred category are the scientists who are actually working as research scientists for a govt or non-profit organization (not just anyone who bought a PhD from Dhanabad University for Rs 15000).
If there must be EB2 vs. EB3 then it should be based on a well-defined, measurable and well followed criteria, for example a aptitude/IQ test, interview/GD, there are many other ways to cover all types of talents.
We all know this EB3-EB2 game is total non-sense and unjust.
So many extra-ordinary people who could/should have been in EB2 are in EB3 simply because : corporate lawyer filed in wrong category, they did not want to work for a desi employer who would file in EB2 in exchange for a lot of things, they did not want to buy an approved labor and create fake experience certs/affidavits, or for various other family/job realated reasons which have nothing to do with his/her education/skills/experience.
At the same time, a lot of street smart people got their EB2 labor/I140 approved while they worked at gas stations.
In my opinion all IT professionals, MBA's, Lawyers, Doctors and all other BE/Btech/ME/MTech engg. should be in SAME category (EB2 or EB3). The only people who should be in a preferred category are the scientists who are actually working as research scientists for a govt or non-profit organization (not just anyone who bought a PhD from Dhanabad University for Rs 15000).
If there must be EB2 vs. EB3 then it should be based on a well-defined, measurable and well followed criteria, for example a aptitude/IQ test, interview/GD, there are many other ways to cover all types of talents.
eager_immi
01-25 12:49 PM
Even the documet is going to be voluntary. No fear :)
Why don't we just voluntarily mention the amount that we contributed in our signatures ? Since contributions are voluntary, so should be the option of disclosing information on it. When many contributing members start furnishing their contribtion information voluntarily, it becomes the "fashion" and others will follow suit, as no one wants to look like a free-rider.
As for the veracity of the information, we got to trust each other on that and follow an audit policy- I assume the core members/ administrators have the ability to cross-check the contribution information if someone looks suspicious. Anyone caught furnishing false information can be blacklisted. Such a policy minimises the work of the core team, without being overly intrusive.
Why don't we just voluntarily mention the amount that we contributed in our signatures ? Since contributions are voluntary, so should be the option of disclosing information on it. When many contributing members start furnishing their contribtion information voluntarily, it becomes the "fashion" and others will follow suit, as no one wants to look like a free-rider.
As for the veracity of the information, we got to trust each other on that and follow an audit policy- I assume the core members/ administrators have the ability to cross-check the contribution information if someone looks suspicious. Anyone caught furnishing false information can be blacklisted. Such a policy minimises the work of the core team, without being overly intrusive.
jonty_11
07-23 11:45 PM
Wonder why people who visit these forums often think that someone here knows how USCIS works...their updates/luds,status changes mean nothing.......until u get the card in hand it means nothing, zilch, nada, !!!!!!
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