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Tuesday, June 7, 2011

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mrshah

11-07 10:16 PM

our notice date on receipt is Sep 12, 2007....but no FP notice yet!

How long does it take to get FP notice? one of our fren got receipt later than us but already got FP notice ....

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Achi Goro

11-17 02:54 PM

Hey Guys

I need your help on these issues. My labor certification was filed on October 25th 2006 and had it approved on 5th of November 2006.

Now my employer is ready to file the 1-140 together with 1-1485. My question is, I do not know whether my priority date is current for the filing of these forms.

Looking at the above filing date, can some one brief me on my likely priority date?

The other question is, even though my employer is taking the responsibilty of my filing process, I am paying all the expenses ( be it the Attorney fee as well as other additional fees are being borne by me).

When do you think will be appropriate for me to quit this job after my 1-140 and 1-1485 have been filed? Please advice me on this because my initially promised to pay for all the expenses but denied this after I have taken up the job.

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just_waiting

10-17 03:53 PM

Let me add one more wrinkle:

Do you guys think I would lose my right to use EAD if I move to another employer by transferring my H1B? (I still have 2 years on it).

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lord_labaku

12-17 02:13 PM

2001 - dot com bubble burst;
2008 - finance bubble burst;

Our GC journeys have spanned 2 recessions and we could not even take advantage of the slight boom in the middle...how pathetic.

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Desertfox

12-12 07:03 PM

This is hilarious.....lmao

Application Type: I485, APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS

Current Status: Case received and file gathering dust waiting for visa number.

On MM DD, YYYY, we received this application and mailed you a document describing how we process it. But you do not need to bother. Our system is so screwed up that we did not know how many cases we had pending. We did not communicate with DOL and DOS properly; so we ended up causing the July Visa Bulletin fiasco, which actually screws up your case even more if you were not one of the lucky applicants to have actually obtained your GC. But your increased fees for EAD & AP renewals have afforded us new janitors, so we will try to keep your files dust free.

P.S : If you are an advanced degree holder born in India. Hahahaha.

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lecter

February 17th, 2005, 03:29 AM

I don't know what you were all talking about, or why. But it sounds cool. I might get a tape measure out and see how long my lens is . . .
(joke)
gotta love this place!!!
Rob

Urgent travel, AP expiring 30-Aug-2010 [Archive] - Immigration Voice

View Full Version : Urgent travel, AP expiring 30-Aug-2010

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brij523

11-12 04:07 PM

Gurus,

I am on H1B in USA and now I am planning to set up a company in India. Will I be violating any laws by doing this.

Can I operate the company from USA and still get payed in India. My clients will be paying my company in India.

Will I have to pay taxes in USA.

Thank you for your time.

WOW. People ask so many questions!!

Here is the answer - If you stay more than 6 months in US, you will have to pay taxes exception will be only L1 VISA. But before you think of L1, read L1 Visa requirement rules.

Have fun.

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willigetgc?

01-03 11:53 AM

There have been new enforcement policies at the federal and state level, mostly targeted at known criminals who are also in violation of immigration laws, but while the huffing and puffing over immigration in Congress and on Beacon Hill has been fierce, no legislation has resulted.

The closest Congress came to action was the Dream Act, which would establish a path to citizenship for the most sympathetic class of undocumented immigrants: those brought to the U.S. as children, have stayed out of trouble, completed high school and committed to college or service in the U.S. military.

The Dream Act won passage in the House, and 53 votes in the Senate - but not enough to break a Republican-led filibuster.

Dream Act supporters should try again in the new Congress, but this time they should take a page from the tax compromise forged in the lame-duck session. That deal combined something Democrats wanted - an extension of unemployment benefits - with something Republicans wanted - an extension of tax cuts for high earning individuals.

Some leading conservatives have proposed loosening immigration rules for another worthy group: highly-educated foreigners capable of creating the new ideas, inventions and enterprises so important to America's economy. The brightest minds from around the world come to leading American universities, only to take their knowledge and talents back home because they can't legally stay here.

Conservative think tanks and commentators - and some elected officials - have suggested every foreign student who receives a post-graduate degree be automatically granted a green card. Some will still go home, but those who choose to stay can supply the brains and ambition that immigrants have been bringing to America's economy for hundreds of years.

Our first choice would be for Congress to enact the kind of comprehensive immigration reform proposed in recent years by the late Sen. Ted Kennedy, former President George W. Bush and President Barack Obama. If that's not in the cards, we suggest pairing the Dream Act with a bill offering legal residency to the most highly educated foreign students.

What ties these proposals together is the assumption, shared by leaders of most political stripes, that legal immigration is good and necessary. America's population is aging and America's economic competitors are gaining ground in innovative technologies. We need immigrants, especially those who already consider themselves Americans - like the ones welcomed by the Dream Act - and those whose education and skills can contribute to economic growth.

The best compromises are those which incorporate the ideas and priorities of both sides. Such a compromise on immigration policy is long overdue.

Editorial: Immigration in 2011 - Framingham, MA - The MetroWest Daily News (http://www.metrowestdailynews.com/opinions/editorials/x338106193/Editorial-Immigration-in-2011)

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kumar1

03-05 11:12 AM

Yestogc- Please do not write "plz" instead of "please". We have "English Language Cop" hovering over us.

You know what I am saying....

I am apologetic if my message sent any wrong signals anywhere.
But Sledge Hammer........... plz mind the words that you write we are all civilized people and need to behave live one.

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rajenk

09-20 05:39 PM

Just got a word from our attorney that my case was approved on 09/08/2010. In my case USCIS did not update the website with the approved status! Not even a soft LUD.... I don't know their operating standard!

Thanks for many of you reading my post! So now you know even with out USCIS website update there is a chance that ones case would be approved.

Lesson learnt: Always check with attorney!

Now on to the final hurdle! I-485.

Raj:)

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xlxoel

06-03 02:30 PM

I just got the RFE for the I-131 and they just asked for two pictures.
I applied online and the asked me not to send anything, so now they requested these pics.

I already sent them, so hopefully I'll get my travel document soon!

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whitecollarslave

02-08 02:52 PM

I'm not sure it will be taken up by AILA -- I was so surprised by the resistance I encountered when I asked a well known attorney with a blog (v. popular with IV members) to submit this question to the AILA committee which reviews topics for liason meetings, and it took several rounds of email and some very severe rhetoric from me to even get him to send it to the committee! I feel it is terrible that our self-professed advocates hesitate even to ASK a question, let alone propose specific reforms...

The deadline for submitting questions is Feb 15 -- so if you are interested, get in touch with your attorneys and send in the question. Maybe numbers will move them.

Can you provide some more information on the AILA liaison meetings? Excuse my ignorance but I have never heard of it before.

Can we ask AILA to support the letter campaign? Specifically, can we ask AILA to push for recapturing 218K unused visas and clarification on how they might be allocated, if recaptured?

Thanks!

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anda007

07-12 11:21 AM

Those who want to send flowers to Condi and those who do not.
There is quite a number of people, who do not feel that this is "over-doing"

Lets stop discussing and fix the date (7/17 is good enough) and send it

If you think that this a bad idea, we respect your views and you may not send

How do convert this thread into the poll

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rpat1968

09-17 06:07 PM

My PD is July 2004,
RD July 2, 2007 - NSC
ND : Aug 9, 2007
I-140 (EB2) approved in Nov 2006 (Single I140)
NC Cleared Oct 2007
Biometrics Updated by USCIS on Feb 2009
Case Preajudicated on Apr 13 2009 after response to EVL Rfe received by USCIS.
Last slud on Apr 14, 2009.

I opened SR's on 3rd Sept 2009 to check the status of my I-485 and got a disturbing email that I am in EB3 category and visa not available. Opened another SR to clarify this but did not get proper reply. Also they said they cannot correct the EB category.
Went for an infopass today and the IO told that my current EB classification is E37 and my spouse as E39. This means that I am in EB3. (See GC codes - GREEN CARD CATEGORY CODES (http://www..com/usa-discussion-forums/i485-eb/125892951/green-card-category-codes))
Look a like USCIS has put me in incorrect EB classfication. My Attorney said he will write to USCIS but I wanted to know if I can do anything to get this corrected.
I wanted to know if anyone faced similar issue and how to fix this .
Is there a normal/expedited way to contact USCIS-NSC to correct this type of issues?
Because of this mistake I am seriously affected and losing precious time when the dates for EB2 are current.

PLEASE HELP.:confused: :mad:

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lahiribaba

03-01 02:30 PM

Friends,

I have Canada PR since October 2006. In October this year I will complete 3 years since landing in Canada. The rule to maintain PR is that one should live in Canada for at least 2 years in a 5 year period. Since I have not lived in Canada more that a couple of weeks since landing, will I be allowed to move to Canada after completing 3 years outside Canada or will I be sent back from the border? Has anyone moved to Canada after living outside for more than 3 years since landing? Please advise.

Thanks.

you say you will "complete 3 years since landing in Canada"
then you say " I have not livied in Canada more that a couple of weeks since landing"

With these kind of contradictory statements they will definitely send you back from the border. back to where i am not sure.

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st4rguitar

04-06 02:02 PM

Hi All,

Here is my situation and I would like to get some feedback.

My I-140 sometime back was denied as I have a three year Bachelor degree and the Labor had asked for "3-year Bachelor or foreign equivalent" (I did use the threeyearpeople.com but it did not pan out for me). I had my lawyer file an appeal immediately. I know it probably will be denied but I have exhausted my 6 years on H1 and need to have the process going for H1 extensions.

I also started a new PERM process, this time without the degree requirement. My PERM was approved and I-140 has been filed.

Now The thing is that I about to finish my masters in May and after I get my degree I am considering filing an EB-2 petition using my Masters. My questions are:

1) Can I use the masters degree that I got with the same employer for filing a new process under PERM? The lawyer is saying that I cannot but my research seems to indicate that while we cannot use the experience gained with the same employer, there is no restriction on using the degree that we receive with the same employer as long as the employer does not pay for it. Am I correct? If so, can someone point out an official resource? a memo or something. I intend to take it to my boss and try to convince him to refile in EB2. The reason of course being that EB3-ROW is retrogressed.

2) Can I have two GC with the same employer? I know that I can have 2 GC pending with 2 different employers but can we have them with the same employer? Are there an requirements in terms of salary, job title etc?

Thanks in advance for your input,

Regarding the EB3 initial case you filed, the requirement should have been a 4 yr bachelor's degree plus 1 year of experience with the alternative requirements of a 3 year bachelor's degree and a 3 year master's degree. We took over a case like this from another law firm where it was denied and we won ONCE, maybe because the officer was in a good mood. Likely, you are right, the appeal will not go through.

Your master's degree can be obtained while you are with your current employer, yes, as long as the employer doesn't pay for any of it. Your experience however must be with a different company or in an extremely different position within the company (sometimes hard to prove, though.)

You can work on the process for your EB2 case, but I highly doubt it would be advisable to file a new EB2 I-140 petition for the same company while the other I-140 with the same company under EB3 is still pending. One big reason would be ability to pay. The best thing to do IMO would be to wait until the new EB3 petition under I-140 has been approved and then file the new EB2 and do a re-capture of the EB3 priority date.

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kumar1

03-05 11:09 AM

You do not need any visa for that purpose.
It is one of the missing unalienable rights listed in the US declaration of independence (Life, Liberty and Pursuit of Happiness).

on H4 u can spend time fighting with your spouse.According to USCIS Memo this is permissible

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Ann Ruben

01-26 10:05 PM

The officer who interviewed you was absolutely incorrect. If you have maintained valid H-1B status you are NOT required to obtain an Advance Parole in order to travel without abandoning your AOS application.The following text from the USCIS Adjudicator's Field Manual makes this clear:
__________________________________________________ ______________
USCIS Adjudicator’s Field Manual, Chapter 23.2

…….(2) Exceptions to the General Rule .

Certain applicants for adjustment of status before USCIS are not considered to have abandoned their applications simply by having departed from the U.S., even if they did not obtain an advance parole prior to their departure. The following aliens fall within the exceptions to the general rule:

(A) H and L Nonimmigrants with “Dual Intent.”

Under 8 CFR 214.2(h)(16)(i) and 8 CFR 214.2(l)(16) , H-1B, H-1C, L-1A, and L-1B nonimmigrants, and their dependent family members in H-4 or L-2 nonimmigrant classification, may be eligible to maintain and extend their nonimmigrant status while their applications for permanent residence under section 245 of the Act remain pending. The approval of a labor certification or preference visa petition or the filing of an adjustment of status application may not be the basis for a denial of an application for extension of stay by an H-1B, H-1C, or L-1 nonimmigrant or an application for change of status within the H-1B, H-1C, or L-1 classifications.

As long as an H-1B, H-1C, and L-1 nonimmigrant remains compliant with his or her nonimmigrant classification, including restrictions on periods of stay, changes in employers, and conditions of employment, the mere fact that he or she has filed an application for adjustment of status does not render him or her ineligible for an extension of nonimmigrant status. Similarly, the mere fact than an alien has filed an application for adjustment of status does not make him or her ineligible for nonimmigrant classification as an H-1B, H-1C, or L-1.

Under 8 CFR 245.2a(4)(ii)(C) , H-1/H-4 or L-1/L-2 nonimmigrant adjustment of status applicants who are not in exclusion, deportation, or removal proceedings are not required to seek advance parole to travel abroad. They may be readmitted to the United States in the same status they maintained at the time of their departure, provided that they are able to demonstrate to the immigration officer at a port of entry that they:

• remain eligible for H-1/H-4 or L-1/L-2 classification,

• are in possession of a valid H-1/H-4 or L-1/L-2 nonimmigrant visa (if a visa is required), and

• are coming to resume employment with the same employer for whom they had been authorized to work as an H-1 or L-1 nonimmigrant (or, in the case of dependents, the spouse or parent through whom they received their H-4 or L-2 status is maintaining his or her H-1 or L-1 status).

If there has been a recent change of employer or extension of stay, the applicant, in order to comply with the third requirement noted above, must have evidence of an approved I-129 petition in the form of a notation on the nonimmigrant visa indicating the petition number and the employer’s name, or a notice of action, Form I-797, indicating approval.

__________________________________________________ _______________________________________________As you can see, there is no requirement that the AOS application be employment based. The regulation, 8 CFR 245.2a(4)(ii)(C) clearly applies to all H-1/H-4 and L-1/L-2 nonimmigrants, and not just those adjusting status based on employment.

Ann

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makemygc

06-14 11:21 AM

Go ahead and file 485/EAD etc. EAD approval takes 2-3 months. To be on the safe side, apply for H1 extension also . it is safe to keep H1 till you get your 485 approval.

As per immigration-law, filing h1 extension could be a problem along with EAD, as H1 ext can be rejected. See my earlier post.

Has someone done this earlier??..

old_hat

04-18 04:47 PM

Any details that can be helpful for others?

manderson

11-05 02:19 PM

and i thought i was alone...

Friends,

Looking at this 180 rule. I feel getting through this 180 days is being hell.

All this becuase we need freedom and going through rough times.

Good luck to one and all.

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Tuesday, June 7, 2011

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