ewana
02-02 11:57 PM
Hi all,
I'm currently on H1B. My wife is on a L1 visa and her company just applied for her I140/I765/I485 concurrent (under EB1). Based on the previous post, it seems that if my wife gets approved for her GC, I can piggy back anytime since we were married before she got her GC.
My question is with regards to the PD if she got approved, do I get the Priority Date for EB1 (meaning little wait) or so I need to wait months/years of delay ? Should I just instead apply for I485 after her I140 is approved so that we get our GC together. What would be the risk in case something wrong happen to her application ? would I lose my H1b? I would like to hold on to my H1B unless I'm sure I can get my GC. My H1b is not IT related so I'm not that confident to find another one in case I lose my H1b. My company is willing to sponsor my greencard, but we thought of trying the EB1 first as it is much much faster.
Thanks for all your insights.
I'm currently on H1B. My wife is on a L1 visa and her company just applied for her I140/I765/I485 concurrent (under EB1). Based on the previous post, it seems that if my wife gets approved for her GC, I can piggy back anytime since we were married before she got her GC.
My question is with regards to the PD if she got approved, do I get the Priority Date for EB1 (meaning little wait) or so I need to wait months/years of delay ? Should I just instead apply for I485 after her I140 is approved so that we get our GC together. What would be the risk in case something wrong happen to her application ? would I lose my H1b? I would like to hold on to my H1B unless I'm sure I can get my GC. My H1b is not IT related so I'm not that confident to find another one in case I lose my H1b. My company is willing to sponsor my greencard, but we thought of trying the EB1 first as it is much much faster.
Thanks for all your insights.
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ash27
04-03 02:02 PM
It is still not very clear if working with companies like TekSystems on EAD is fine using AC-21.
This question has been asked before. However, I have not seen any specific answers regarding this. Any information will be appreciated.
Thanks
This question has been asked before. However, I have not seen any specific answers regarding this. Any information will be appreciated.
Thanks
kevnss
03-20 11:50 AM
Hi,
I believe if I-140 approved and was approved 120 days ago then employer cannot withdraw the application otherwise employer can always withdraw it but as most of them said it is not mandatory. Regarding H1 I believe old employer cannot do any thing once your H1 transferred over to the new employer but new employer has to get the receipt number before it gets skrewed.
I believe if I-140 approved and was approved 120 days ago then employer cannot withdraw the application otherwise employer can always withdraw it but as most of them said it is not mandatory. Regarding H1 I believe old employer cannot do any thing once your H1 transferred over to the new employer but new employer has to get the receipt number before it gets skrewed.
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Appu
04-08 05:56 PM
I am not sure why you think Sensenbrenner will be receptive to the problems of legal immigrants. Here's a summary of the legal immigration clauses he put in HR4437 - they are not there by accident:
http://www.immigrationforum.org/documents/PolicyWire/Legislation/SenseKingGlance.pdf
Make it harder for legal permanent residents to become citizens. Legal immigrants who have waited
patiently for the chance to become U.S. citizens may have their dreams dashed by this bill. It would:
� Allow government bureaucrats to deny citizenship to any legal permanent resident on a whim;
� Permit the government to keep the reason for that denial a secret;
� Eliminate a judge�s power to override a mistake DHS made in denying citizenship; and
� Change the rules of the game so that long-time legal permanent residents can be barred from citizenship
and deported, even if they were never convicted of a crime or it was a minor offense from decades ago.
http://www.immigrationforum.org/documents/PolicyWire/Legislation/SenseKingGlance.pdf
Make it harder for legal permanent residents to become citizens. Legal immigrants who have waited
patiently for the chance to become U.S. citizens may have their dreams dashed by this bill. It would:
� Allow government bureaucrats to deny citizenship to any legal permanent resident on a whim;
� Permit the government to keep the reason for that denial a secret;
� Eliminate a judge�s power to override a mistake DHS made in denying citizenship; and
� Change the rules of the game so that long-time legal permanent residents can be barred from citizenship
and deported, even if they were never convicted of a crime or it was a minor offense from decades ago.
more...
smuggymba
08-13 01:48 PM
Total H1Bs sponsored by the dirty 4 Indian companies are 12000 multiplied by $2000, gives 12 million if you add same no of L1 visas its only 24 million not 600 million. Obama requires a calculator .
ROFL....obama needs a calculator
ROFL....obama needs a calculator
GCapplicant
10-12 04:04 PM
I am also from NJ-I have to get FP from HAckensack-NJ thats my nearest .
When we called USCIS she said its delay because of traffic in ASC in our location.So they have to correspond with them,when ever they get a reminder in their system.
So as of now they havnt mailed...waiting for FP.
I hope the process does not delay further beacuse of this FP...I wish they do fast.
I just wonder NJ is a populated area and they have only two ASC...one in newark and another in Hackensack.I hope it doesnt take months for this FP.
Does name check start after FP?
My ND is Sep/11.
When we called USCIS she said its delay because of traffic in ASC in our location.So they have to correspond with them,when ever they get a reminder in their system.
So as of now they havnt mailed...waiting for FP.
I hope the process does not delay further beacuse of this FP...I wish they do fast.
I just wonder NJ is a populated area and they have only two ASC...one in newark and another in Hackensack.I hope it doesnt take months for this FP.
Does name check start after FP?
My ND is Sep/11.
more...
amitjoey
01-26 11:18 AM
Congrajulations! to all the toppers.
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JazzByTheBay
10-10 06:10 AM
Afaik, you can file for an H1 extension without being subject to caps as long as an AOS pending. For instance, you can take a break and go to school, and then file for another H1 extension - it won't be subject to the caps. Confirm it with your lawyer.
jazz
I read somewhere that once you use your EAD , your H1B lapses. Now A new H1B would probably would come under the cap. I am not sure if the AC21 rules take precedence over this.
jazz
I read somewhere that once you use your EAD , your H1B lapses. Now A new H1B would probably would come under the cap. I am not sure if the AC21 rules take precedence over this.
more...
gk_2000
02-03 08:16 PM
Hi EveryOne,
I got my Green card in mail yesterday. I want to thank IV and everyone for all the support during this GC journey. I wish everyone all the best for their green card process. I wish everyone gets to file 485 irrespective of priority dates and ultimately get their green cards. This is a question to Admin, i have a recursive donation going on, I would like to make a one time donation and stop the recursive donation.
Thanks.
I would say it's iterative, not recursive. But congrats anyhow
I got my Green card in mail yesterday. I want to thank IV and everyone for all the support during this GC journey. I wish everyone all the best for their green card process. I wish everyone gets to file 485 irrespective of priority dates and ultimately get their green cards. This is a question to Admin, i have a recursive donation going on, I would like to make a one time donation and stop the recursive donation.
Thanks.
I would say it's iterative, not recursive. But congrats anyhow
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saileshdude
06-25 12:55 PM
http://www.uscis.gov/files/pressrelease/AC21Intrm122705.pdf
As per this memo -
While I-485 can be approved when PD is current, however, it can be denied anytime (does not matter if PD is current or not). The conditions for job offer must be maintained at all times while I-485 is pending.
With this, I am not sure, the defense of PD is not current is going to work.
Here are the questions that I have:
1) As per recent news, a lot of applications are PRE-ADJUDICATED. Now does this mean that those applications will be adjudicated when their PD becomes current , meaning to be approved based on a current PD , does the application has to go through the process of adjudication. Or does it mean adjudication is defined as "processing complete but is independent of PD being current or not" . What does the adjudication means in the above particular context.
2) IN this particular question, the answer does not specifically mean PD being current or not. It only mentions that "need to have job offer when AOS is being adjudicated". If you interpret it this way , then yes PD being current or not does not matter. And you will need to show u have job offer. BUT if definition of adjudication also involves approving the I-485 then one can argue that yes unless ur PD is current u cannot be approved and hence u do not need to have job offer if your PD is current.
I would like to know what various attorneys think about this
As per this memo -
While I-485 can be approved when PD is current, however, it can be denied anytime (does not matter if PD is current or not). The conditions for job offer must be maintained at all times while I-485 is pending.
With this, I am not sure, the defense of PD is not current is going to work.
Here are the questions that I have:
1) As per recent news, a lot of applications are PRE-ADJUDICATED. Now does this mean that those applications will be adjudicated when their PD becomes current , meaning to be approved based on a current PD , does the application has to go through the process of adjudication. Or does it mean adjudication is defined as "processing complete but is independent of PD being current or not" . What does the adjudication means in the above particular context.
2) IN this particular question, the answer does not specifically mean PD being current or not. It only mentions that "need to have job offer when AOS is being adjudicated". If you interpret it this way , then yes PD being current or not does not matter. And you will need to show u have job offer. BUT if definition of adjudication also involves approving the I-485 then one can argue that yes unless ur PD is current u cannot be approved and hence u do not need to have job offer if your PD is current.
I would like to know what various attorneys think about this
more...
sandeep77
02-02 07:43 PM
I am on F1 too and i recently went to India after we had applied for i-485. I used my AP and when i had asked in my Office of International education I was told that the moment i applied for i485 my F1 was cancelled.
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GooblyWoobly
07-18 07:23 PM
Even my case is similar. I requested my attorney to file my EAD and AP along with I-485 at the same time. But they did not apply for EAD and AP and but instead just filed I-485. Now they are saying they can't file for my EAD and AP until they get the I-485 receipt notice. What a mess??? Now I've pay lots of amount for EAD and AP. By the way my attroney is Murthy Law Firm. I bet yours would be the same
Actually my attorney is not Murthy. It's my employer's attorney, and they are pretty good. It was a company decision not to file EAD/AP since we were sure at that time our application will get rejected. It was just a mean to get onto the lawsuit beneficiary.
Actually my attorney is not Murthy. It's my employer's attorney, and they are pretty good. It was a company decision not to file EAD/AP since we were sure at that time our application will get rejected. It was just a mean to get onto the lawsuit beneficiary.
more...
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Maverick1
11-13 05:08 PM
I asked her if it is change of address they sent she is not sure but she said usually it is the card when Current Status: is "Document mailed to applicant."
She put in a service request for me and she some one is going to contact me in 30 business days.
Goodluck.
Since you are EB3/2004/India it is probably not I485 approval unless you got EXTREMELY lucky and they processed your application out of turn.
She put in a service request for me and she some one is going to contact me in 30 business days.
Goodluck.
Since you are EB3/2004/India it is probably not I485 approval unless you got EXTREMELY lucky and they processed your application out of turn.
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sayantan76
12-07 06:21 PM
Maybe the definition of project managers varies by company. Most PMs I know have maybe around 6-7 years of work experience and I definitely wouldn't classify them as executives or even say that their employment is in the National Interest.
However I do know of some cases where doctors have got NIW based on practicing in an under-served (rural?) area.
Is there a way to prove that one who created a suite of applications without which a business unit will stop functioning comes under National Interest?
Just a thought.
I think - the spirit of EB-1 (manager) has to do with having full managerial control over people (performance management, hiring/ firing/ compensation rather than just supervisory control) and/or a business portfolio (say - head of a business division)
but as someone pointed out - let lawyers figure out the best strategy for each case.......
However I do know of some cases where doctors have got NIW based on practicing in an under-served (rural?) area.
Is there a way to prove that one who created a suite of applications without which a business unit will stop functioning comes under National Interest?
Just a thought.
I think - the spirit of EB-1 (manager) has to do with having full managerial control over people (performance management, hiring/ firing/ compensation rather than just supervisory control) and/or a business portfolio (say - head of a business division)
but as someone pointed out - let lawyers figure out the best strategy for each case.......
more...
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softcrowd
02-17 09:46 AM
"U" does not mean quota is done for FY 08...it may be "U" becoz for those categoreis, quarterly quota exhausted....USCIS normally does not grab the entire FY's quota at one time...they do it quarterly basis.
Even i think definitely before Oct itself, EB2 India moves ahead.
Even i think definitely before Oct itself, EB2 India moves ahead.
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marlon2006
06-13 03:22 PM
Hey Renata,
It was struggle with my wife;thanks God she got the EAD more than a year ago. Therefore she is working now and a little happier. I am also OK in my current work. The problem is that I have missed more than 4 job offers that would allow further career growth and potential much better rewards.
Since my wife couldn't work, we had a baby back then.
Tell me, which country in Europe are you from ? I have a very good friend of mine who is Italian. By the way, if you are in the Seattle, WA area, feel free to come over and join us. We get together for good wine, lasagna, "churrasco", etc pretty much every weekend with our Italian friends. The way I see it, is that while we wait for this insane visa bulletin advancement, at least we should allow ourselves to drink a good wine and eat nicely :-)
South of Brazil sounds good to me but my husband is not open to it and he is the one who is Brazilian :rolleyes:
He is much more in favor of Europe and since I have EU passport we can basically live anywhere and he would be able to work the next day :D I feel like I have put so much effort into this by now that I'm not walking away this close. We will hang on and make decisions once we have GC and options to chose. You are so close! Don't give up now after waiting so long! Is your situation at work that bad? Is your wife working?
It was struggle with my wife;thanks God she got the EAD more than a year ago. Therefore she is working now and a little happier. I am also OK in my current work. The problem is that I have missed more than 4 job offers that would allow further career growth and potential much better rewards.
Since my wife couldn't work, we had a baby back then.
Tell me, which country in Europe are you from ? I have a very good friend of mine who is Italian. By the way, if you are in the Seattle, WA area, feel free to come over and join us. We get together for good wine, lasagna, "churrasco", etc pretty much every weekend with our Italian friends. The way I see it, is that while we wait for this insane visa bulletin advancement, at least we should allow ourselves to drink a good wine and eat nicely :-)
South of Brazil sounds good to me but my husband is not open to it and he is the one who is Brazilian :rolleyes:
He is much more in favor of Europe and since I have EU passport we can basically live anywhere and he would be able to work the next day :D I feel like I have put so much effort into this by now that I'm not walking away this close. We will hang on and make decisions once we have GC and options to chose. You are so close! Don't give up now after waiting so long! Is your situation at work that bad? Is your wife working?
more...
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chicagobuddy
05-25 01:47 AM
hello krish,
I too have an appointment at matamoros on June 3th 2010. Please share your experiences
after your interview
I too have an appointment at matamoros on June 3th 2010. Please share your experiences
after your interview
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Rishi
01-05 11:18 AM
logiclife,
Is this related to IsnAmerica.org? I see many people in both the places. If these two are different then it is really bad that we are not uniting our efforts.
my 2 cents
Rishi
Is this related to IsnAmerica.org? I see many people in both the places. If these two are different then it is really bad that we are not uniting our efforts.
my 2 cents
Rishi
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dazed378
03-28 02:47 PM
Thanks, snathan.
Is not it strange that IRS processed the tax refund before completing the ITIN processing? They could not confirm the current status of my wife's ITIN processing, as they could not pull out any details about the W-7 based on the information provided by me. They only guessed that it might be still undergoing processing. I wonder if they misplaced the W-7 form or something like that :-(.
Is not it strange that IRS processed the tax refund before completing the ITIN processing? They could not confirm the current status of my wife's ITIN processing, as they could not pull out any details about the W-7 based on the information provided by me. They only guessed that it might be still undergoing processing. I wonder if they misplaced the W-7 form or something like that :-(.
Appu
04-17 06:13 PM
This is no big deal. This has nothing to do with H1B's - its about CIR and minimum wage. Remember that Sen Kennedy is 100% behind the SJC and the Hagel-Martinez bills. Here's the email with additional details - I didn't post this before because it is somewhat partisan and attacks republicans.
Dear [Appu],
As you may have seen and heard in news reports, Senator Kennedy has been at the forefront of immigration reform. He's built a bipartisan coalition around a tough but fair approach to repairing our broken immigration system.
On Monday hundreds of thousands of people in cities across the country joined together in a "National Day of Action for Immigrant Justice." In our nation's capital, more than 200,000 people gathered on the Mall. It was an amazing event, and the crowd went wild when Senator Kennedy took the stage and said "It is time for Americans to lift their voices now -- in pride for our immigrant past and in pride for our immigrant future. Are you with me?"
Judging by the roar of the crowd, they are indeed with Senator Kennedy. Now you have a chance to show your support for this important measure -- and join the fight for justice for all working Americans:
http://www.tedkennedy.com/fightforfairness
The facts are clear: 63% of Americans believe that immigrants who have lived in the country for a certain period of time should be able to go through the process of obtaining citizenship. But the out-of-touch Republican Congress wants instead to turn these would-be citizens into criminals. And any American who assists them in any way, even priests, would become criminals too.
Republican leaders claim tough enforcement is all that's needed. That's preposterous. Senator Kennedy supports strong enforcement, too, but fairness is equally important.
Republicans claim they value hard work. Where have they been during Senator Kennedy's efforts to raise the minimum wage for millions of hard-working Americans? What have they done to ensure every American worker has access to good health care? How have they protected Social Security for retired American workers?
Enough is enough. Will you join us and fight to ensure that our country values hard work? Please answer with your signature:
http://www.tedkennedy.com/fightforfairness
This year, more than 45,000 of you endorsed Senate Resolution 350, rejecting President Bush's assertion that he was authorized to spy on Americans without a warrant. You also stood with Senator Kennedy to fight for stem cell research that holds such great promise for millions suffering from debilitating diseases.
We can't keep ignoring the worsening hardship for our nation's hardest working men and women. I hope you'll tell Senator Kennedy loud and clear you stand with him in this ongoing battle for all working families:
http://www.tedkennedy.com/fightforfairness
Yours for a stronger and fairer America,
Marty Walsh
Campaign Manager
Kennedy for Senate
P.S. The full text of Senator Kennedy's speech at the immigration rally is on our website -- I hope you enjoy it:
http://www.tedkennedy.com/Apr10RallySpeech
Dear [Appu],
As you may have seen and heard in news reports, Senator Kennedy has been at the forefront of immigration reform. He's built a bipartisan coalition around a tough but fair approach to repairing our broken immigration system.
On Monday hundreds of thousands of people in cities across the country joined together in a "National Day of Action for Immigrant Justice." In our nation's capital, more than 200,000 people gathered on the Mall. It was an amazing event, and the crowd went wild when Senator Kennedy took the stage and said "It is time for Americans to lift their voices now -- in pride for our immigrant past and in pride for our immigrant future. Are you with me?"
Judging by the roar of the crowd, they are indeed with Senator Kennedy. Now you have a chance to show your support for this important measure -- and join the fight for justice for all working Americans:
http://www.tedkennedy.com/fightforfairness
The facts are clear: 63% of Americans believe that immigrants who have lived in the country for a certain period of time should be able to go through the process of obtaining citizenship. But the out-of-touch Republican Congress wants instead to turn these would-be citizens into criminals. And any American who assists them in any way, even priests, would become criminals too.
Republican leaders claim tough enforcement is all that's needed. That's preposterous. Senator Kennedy supports strong enforcement, too, but fairness is equally important.
Republicans claim they value hard work. Where have they been during Senator Kennedy's efforts to raise the minimum wage for millions of hard-working Americans? What have they done to ensure every American worker has access to good health care? How have they protected Social Security for retired American workers?
Enough is enough. Will you join us and fight to ensure that our country values hard work? Please answer with your signature:
http://www.tedkennedy.com/fightforfairness
This year, more than 45,000 of you endorsed Senate Resolution 350, rejecting President Bush's assertion that he was authorized to spy on Americans without a warrant. You also stood with Senator Kennedy to fight for stem cell research that holds such great promise for millions suffering from debilitating diseases.
We can't keep ignoring the worsening hardship for our nation's hardest working men and women. I hope you'll tell Senator Kennedy loud and clear you stand with him in this ongoing battle for all working families:
http://www.tedkennedy.com/fightforfairness
Yours for a stronger and fairer America,
Marty Walsh
Campaign Manager
Kennedy for Senate
P.S. The full text of Senator Kennedy's speech at the immigration rally is on our website -- I hope you enjoy it:
http://www.tedkennedy.com/Apr10RallySpeech
mugwump
11-30 12:24 PM
I have also applied for the canadian PR 1.5 months ago. Yesterday I got a letter from canadian consulate to sit for IELTS as I am clamming 16 points on language skill with supporting documents. Now, I do not want to sit for IELTS..is there any way out? Do you guys know any small consulting firm in canada who can give me a HRSDC approved job offer? I will not mind to work for them for a year if I get my PR (it's better then waiting for GC for another 10 years)...
I had sent my application 3 months ago w/o IELTS and had given myself 16 points. I did write a paragraph explaining that throughout my schooling in India the medium of instruction was english and i have an American bachelors degree and have been working here.
Last month I got a letter from Buffalo asking me to submit results of IELTS exam that substantiates my assesment of 16 points. It also said that if i did not submit IELTS results they will evaluate and assess points on their own.
I am planning to take the exam, since i am border line with 70 points and can not afford to loose points. But if you have say 80-85 points, you may not take it and let them assess you whatever they want, may be 8 or even less points and you could still qualify.
I had sent my application 3 months ago w/o IELTS and had given myself 16 points. I did write a paragraph explaining that throughout my schooling in India the medium of instruction was english and i have an American bachelors degree and have been working here.
Last month I got a letter from Buffalo asking me to submit results of IELTS exam that substantiates my assesment of 16 points. It also said that if i did not submit IELTS results they will evaluate and assess points on their own.
I am planning to take the exam, since i am border line with 70 points and can not afford to loose points. But if you have say 80-85 points, you may not take it and let them assess you whatever they want, may be 8 or even less points and you could still qualify.
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