Canadianindian
02-10 07:30 PM
Did you file for I-485? If so, what is the address mentioned in the I-485 application? If it is US address, then you should be residing at that address.
I-485 application indicates that beneficiary is residing in the USA and applying for adjustment of status.
_______________________
Not a legal advice.
US Citizen of Indian Origin
The address on 485 is a US address. I was in Jersey City when my firm applied for 485. However, subsequent to 180 days of filing, I transferred to Detroit practive with the same firm. And, I provided my cousin's address in Detroit where I lived temporarily. Subsequent to that, I moved to Windsor, Canada, because it is a nicer place to live.
I did consult with my attorney at that time, and she suggested that it is fine for me to live in Canada.
Your suggestions?
I-485 application indicates that beneficiary is residing in the USA and applying for adjustment of status.
_______________________
Not a legal advice.
US Citizen of Indian Origin
The address on 485 is a US address. I was in Jersey City when my firm applied for 485. However, subsequent to 180 days of filing, I transferred to Detroit practive with the same firm. And, I provided my cousin's address in Detroit where I lived temporarily. Subsequent to that, I moved to Windsor, Canada, because it is a nicer place to live.
I did consult with my attorney at that time, and she suggested that it is fine for me to live in Canada.
Your suggestions?
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alterego
06-13 06:06 PM
The benefits to the porting are obvious. However let me share with you the considerations:
1) You have to change jobs presumably on another H1b visa in order to do so. There is inherently a risk in this when you do not have a green card. You'd certainly be a brave soul to change jobs on an EAD based on your EB3 petition while trying for an EB2 petition. How would you justify the same/similar requirement?
2) PERM labor certification is not going to be what it was previously given the current oversight.
3) Ported cases will definitely get more scrutiny (and probably more RFEs) from the USCIS.
4) Premium processing of 140 petitions is for a narrow subset of 140 filers who need to extend their H1b visas, failing which you are likely to take well over a year to get you 140 approved and therefore your PD ported.
5) Political calculations and the elections will be over by later this year, there will definitely be the impetus to address immigration as an urgent issue in the new political cycle and there will likely be a solution. If you are at the 485 stage, with a retrogressed PD as your only issue then you have one problem, if you are at an earlier stage then you may not be approvable at the stage when they are "generous".
If even after all this you feel your best chances are with EB2 then you should go ahead.
Good luck.
1) You have to change jobs presumably on another H1b visa in order to do so. There is inherently a risk in this when you do not have a green card. You'd certainly be a brave soul to change jobs on an EAD based on your EB3 petition while trying for an EB2 petition. How would you justify the same/similar requirement?
2) PERM labor certification is not going to be what it was previously given the current oversight.
3) Ported cases will definitely get more scrutiny (and probably more RFEs) from the USCIS.
4) Premium processing of 140 petitions is for a narrow subset of 140 filers who need to extend their H1b visas, failing which you are likely to take well over a year to get you 140 approved and therefore your PD ported.
5) Political calculations and the elections will be over by later this year, there will definitely be the impetus to address immigration as an urgent issue in the new political cycle and there will likely be a solution. If you are at the 485 stage, with a retrogressed PD as your only issue then you have one problem, if you are at an earlier stage then you may not be approvable at the stage when they are "generous".
If even after all this you feel your best chances are with EB2 then you should go ahead.
Good luck.
xingeng
08-21 11:41 AM
Sent to NE on July 2, and transfered to TX. Got the checks cashed last friday.
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rolrblade
04-03 11:55 AM
18.
Regulations
Please provide an update on the status of regulations regarding the following: AC21, CSPA, T regulations for adjustment of status, EB-5, and religious workers.
Response: The AC21 rule and the EB-5 Special Class rule are both undergoing revision and should be published in the near future.
I wonder what the AC21 rule revision is going to be?
Regulations
Please provide an update on the status of regulations regarding the following: AC21, CSPA, T regulations for adjustment of status, EB-5, and religious workers.
Response: The AC21 rule and the EB-5 Special Class rule are both undergoing revision and should be published in the near future.
I wonder what the AC21 rule revision is going to be?
more...
talash
05-21 06:51 PM
they sent 290B with denail .what documents did u send with MTR? so repeipt number would be new not the one i have for 140?
sj2273
12-08 09:49 AM
Greetings
I am in Sterling Heights. Please feel free to contact me at sj2273@yahoo.com if I can be of any assistance.
thanks.
I am in Sterling Heights. Please feel free to contact me at sj2273@yahoo.com if I can be of any assistance.
thanks.
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kaisersose
09-17 01:09 PM
Thanks, although it is very bittersweet, I wanted to one day become a USC, but with this I dont know where I stand.
Relax. This will have no problem with your Citizenship. Besides it is not your fault anyway.
Relax. This will have no problem with your Citizenship. Besides it is not your fault anyway.
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JunRN
10-19 09:34 AM
I am not telling the July and August application only, but total pending. The 320,000 is the total AOS application receipted due to JULY VB....that is not including those pending before July.
My estimate based on that file I posted is that there are about 600k pending...and correct, it also included family based application like K1.
My estimate based on that file I posted is that there are about 600k pending...and correct, it also included family based application like K1.
more...
nandakumar
09-19 10:30 AM
The whole experience of the rally was really great, meeting the staffs of Congressmen/Congresswomen, IV core team, other volunteers and members, hearing the speeches of Congressmen and being a volunteer.
Rally was well organized and volunteers tirelessly worked all three days. Me and my wife are really proud for being part of this historic event and also proud for the participation of so many fellow CA members.
It would have been great if members from neighboring states have attended in big way.
Rally was well organized and volunteers tirelessly worked all three days. Me and my wife are really proud for being part of this historic event and also proud for the participation of so many fellow CA members.
It would have been great if members from neighboring states have attended in big way.
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ramus
07-06 12:01 PM
Please don't post flower releated posts on this thread. We already have 3 threads going on for flowers.. This is strickly for template.
Also IV core doesn't take any position on flower sending..
Thanks.
__________________________________________________ ______
Hi,
Add flower day JULY 10TH also to your e-mails, we may get good atten from the media.
Guys please send the flowers...I know we dont have very good publicity like others...we need to find the way to get the media atten. One reporter might be intrested in our news not evry one, to get evey body atten we need to do it in samrt and in different way..guys bunch of people are thinking the flower day is good, other think it is not, we have this problem from ages.
If one send flowers or e-mail it is not news..if every body joins it is gonna be a greate news.
join the flower drive.
just my idea.
Thanks,
Chandra.
Also IV core doesn't take any position on flower sending..
Thanks.
__________________________________________________ ______
Hi,
Add flower day JULY 10TH also to your e-mails, we may get good atten from the media.
Guys please send the flowers...I know we dont have very good publicity like others...we need to find the way to get the media atten. One reporter might be intrested in our news not evry one, to get evey body atten we need to do it in samrt and in different way..guys bunch of people are thinking the flower day is good, other think it is not, we have this problem from ages.
If one send flowers or e-mail it is not news..if every body joins it is gonna be a greate news.
join the flower drive.
just my idea.
Thanks,
Chandra.
more...
Canadian_Dream
10-19 03:10 PM
Ok my last attempt to convey my thoughts:
If your H1B is approved and you are granted an extension it only means that your application was approvalble at the time of filling. Now in order to maintain H1B status you should have:
1. Job with that employer who sponsored H1B
2. Income as dictated in LCA
3. Other condition such as NO DUI etc
Now what if one of the condition in the list above is:
4. Your I-140 on which the extension is granted should NOT be revoked.
I know this is not spelled out clearly, becasue in the past no one took this avenue. Now with premium processing everyone wants to do a quick PERM + 140 to get 3 more years on H1B. It is important that USCIS should clarify their stand on it, one way or the other. In fact if any of the service center sets a precedence by simply implying that one's H1B is invald after I-140 is revoked the interpretation will be cleared. Unfortunately it hasn't happend yet or I we are not aware of it. I hope they clarify it sooner than later.
That's why you have to be quick...Before your earlier employer revokes the petition...(that takes some time..) you got to get a new labor and a new approved I-140 and after that they cannot throw us out technically...
The whole thing is a mess..
If your H1B is approved and you are granted an extension it only means that your application was approvalble at the time of filling. Now in order to maintain H1B status you should have:
1. Job with that employer who sponsored H1B
2. Income as dictated in LCA
3. Other condition such as NO DUI etc
Now what if one of the condition in the list above is:
4. Your I-140 on which the extension is granted should NOT be revoked.
I know this is not spelled out clearly, becasue in the past no one took this avenue. Now with premium processing everyone wants to do a quick PERM + 140 to get 3 more years on H1B. It is important that USCIS should clarify their stand on it, one way or the other. In fact if any of the service center sets a precedence by simply implying that one's H1B is invald after I-140 is revoked the interpretation will be cleared. Unfortunately it hasn't happend yet or I we are not aware of it. I hope they clarify it sooner than later.
That's why you have to be quick...Before your earlier employer revokes the petition...(that takes some time..) you got to get a new labor and a new approved I-140 and after that they cannot throw us out technically...
The whole thing is a mess..
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imh1b
04-19 09:32 AM
I have sent letter twice. They forward it as it is to USCIS and send a reply back that it has been forwarded to USCIS for action. Then you receive a letter or call from USCIS that your case cannot be considered unless your PD becomes current.
How about you send the USCIS letter back to president again and tell him that this is not what you asked for. You already know PD is not current. The letter was for President to implement a fix A,B and C.
How about you send the USCIS letter back to president again and tell him that this is not what you asked for. You already know PD is not current. The letter was for President to implement a fix A,B and C.
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franklin
09-21 12:44 AM
We are not here illegally. We are proud to be highly skilled, in demand and in America to improve American competitiveness.
The National Anthem was sung (and thank you Panjak, you bought a tear to my eye) as we are waiting patiently in line.
It was sung as a mark of respect to the country of which we aspire to eventually become citizens of. Its the same reason we held the American and State flags up high and proud during the walk.
It is a powerful statement
Sorry to whoever left me some nasty negative comment. I merely meant to say it was sung in respect for the country we are in. It is common courtesy.
I apologize for having upset you by my comment.
The National Anthem was sung (and thank you Panjak, you bought a tear to my eye) as we are waiting patiently in line.
It was sung as a mark of respect to the country of which we aspire to eventually become citizens of. Its the same reason we held the American and State flags up high and proud during the walk.
It is a powerful statement
Sorry to whoever left me some nasty negative comment. I merely meant to say it was sung in respect for the country we are in. It is common courtesy.
I apologize for having upset you by my comment.
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goel_ar
05-11 03:57 PM
Below is data of PD from last four years for EB2-I - only for Jun, Jul & Aug.
Except July Fiasco , I don't see dates ever moving forward in July VB; but they do move in August VB.
Has anything changed in spillover laws in last 1 year - which will explain this no movement in July but in August?
Jun 06 : 01JAN03 | July 06 : 01JAN03 | August 06 : U ---> No change in July. Aug backward
Jun 07 : 01APR04 | July 07 : C | August 07 : U ---> July Fiasco
Jun 08 : 01APR04 | July 08 : 01APR04 | August 08 : 01JUN06 ---> No change in July. Aug forward
Jun 09 : 01JAN00 | July 09 : 01JAN00 | August 09 : 01OCT03 ---> No change in July. Aug forward
Jun 10 : 01FEB05 | July 10 : ?????? | August 10 : ???? ---> Do your really expect forward movement in July?
Except July Fiasco , I don't see dates ever moving forward in July VB; but they do move in August VB.
Has anything changed in spillover laws in last 1 year - which will explain this no movement in July but in August?
Jun 06 : 01JAN03 | July 06 : 01JAN03 | August 06 : U ---> No change in July. Aug backward
Jun 07 : 01APR04 | July 07 : C | August 07 : U ---> July Fiasco
Jun 08 : 01APR04 | July 08 : 01APR04 | August 08 : 01JUN06 ---> No change in July. Aug forward
Jun 09 : 01JAN00 | July 09 : 01JAN00 | August 09 : 01OCT03 ---> No change in July. Aug forward
Jun 10 : 01FEB05 | July 10 : ?????? | August 10 : ???? ---> Do your really expect forward movement in July?
more...
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javadeveloper
03-09 10:13 PM
I don't know if it is really easy to renew in US.Because i just filled the form with this link https://passport.gov.in/nri/OnlineRegistration.jsp?pocode=USAW and saved the application.I thought It'll save my details , but It looks like it sent the application to embassy.When I wanted to reprint the form it's asking the Web File No which I never received.May be I need to call them for this #.I tried to fill the form and save again.It's coming up with blank page without any Web File No.
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sw33t
05-01 04:30 PM
Yes. The malicious code did not download any virus or inject any virus in anyone's system. All it did was to redirect the user via a popup to a malicious website. Antivirus scanners pick this up as a virus alert, but it is not. It is more of an annoyance than a virus attack.
I honestly cannot vouch for the millions of hackers and script kiddies out there that this won't happen but use a good Anti-virus scanner especially if you have kids at home.
Winner,
Yes I am the lazy blog owner who hasn't updated the site in a while.
:)
I honestly cannot vouch for the millions of hackers and script kiddies out there that this won't happen but use a good Anti-virus scanner especially if you have kids at home.
Winner,
Yes I am the lazy blog owner who hasn't updated the site in a while.
:)
more...
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vnsriv
11-19 12:51 PM
Guysssssss N Gals , I got it (I-485 approval) 10 minutes ago!!!!!!!!!!! NO RFE. Recent Luds were on I-140 / I-129 / I-131 ( Luds occered on 10/29 & 11/4) . Been in USA (F1, H1) since Aug 1997.
My case Details
EB3, India , PD Oct 2000(Sub.)
I-140 / I-485 RD : 2/2005
I-140 : AD 07/2005
4 EAD / 4 APs
Congrats ! Party time !
My case Details
EB3, India , PD Oct 2000(Sub.)
I-140 / I-485 RD : 2/2005
I-140 : AD 07/2005
4 EAD / 4 APs
Congrats ! Party time !
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LONGGCQUE
07-26 01:04 PM
Guys, I wanted to circle back and update you on the results. My I140 was approved today and this is what i had submitted as alternate evidence. Hope someone else will benefit from the details I am putting here.
Thanks to you all who took time to reply and assist me on this issue.
Documents submitted:
> Experience letter non-availability as an affidavit mentioning that we tried but previous employer did not provide the letter.
> Email trail of communication with ex-employer detailing communication asking for exp. letter.
> 2 affidavits from previous co-workers detailing job responsibilities, skills, dates employed together.
> For 63 months of last employer experience, paystubs, W2's, Indian Form 16's, Indian IT returns, yearly appraisal letters, other evidence related to employment(not all but whatever was available).
RFE was :
Asked for evidence to prove 60 months of experience as listed in PERM.
Enjoy and good luck :-)
Thanks to you all who took time to reply and assist me on this issue.
Documents submitted:
> Experience letter non-availability as an affidavit mentioning that we tried but previous employer did not provide the letter.
> Email trail of communication with ex-employer detailing communication asking for exp. letter.
> 2 affidavits from previous co-workers detailing job responsibilities, skills, dates employed together.
> For 63 months of last employer experience, paystubs, W2's, Indian Form 16's, Indian IT returns, yearly appraisal letters, other evidence related to employment(not all but whatever was available).
RFE was :
Asked for evidence to prove 60 months of experience as listed in PERM.
Enjoy and good luck :-)
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UNFLUX
05-21 10:43 AM
looks good dan, even for 30min. I love the colors too, and the angle you chose is nice. I don't think you did something poor at all. ;)
chandrajp
08-24 10:29 AM
NatrajS - I got my FP notice - its scheduled for 1st week of Sep.
Ivaka -I am sorry I dont know about checks cashing because we are doing through a company attorney - company pays for our GC expenses..
Dhirajs - There's no FP on my EAD, Is that a prob.?
Based on what I heard(my experience too), if your attorney submits your I485 along with EAD and AP, you don't get a FP on the EAD card. When you apply for EAD online, then you will do a FP based on the FP notice that you will get later.
To activate EAD, you need to go to SSN office and apply for new SSN and once you get your new SSN, you are all set.
This is only my experience. For expert advice, always check with a qualified attorney
Ivaka -I am sorry I dont know about checks cashing because we are doing through a company attorney - company pays for our GC expenses..
Dhirajs - There's no FP on my EAD, Is that a prob.?
Based on what I heard(my experience too), if your attorney submits your I485 along with EAD and AP, you don't get a FP on the EAD card. When you apply for EAD online, then you will do a FP based on the FP notice that you will get later.
To activate EAD, you need to go to SSN office and apply for new SSN and once you get your new SSN, you are all set.
This is only my experience. For expert advice, always check with a qualified attorney
manderson
01-04 12:18 PM
If IV is successful with this 485 filing ability by 2/15 deadline thing... when does it become law and more importantly how soon can we file for 485 (before or after the CIR wars in Mach-September)?
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