thomachan72
05-12 01:24 PM
The above statement is incorrect. You will have to re-file the LC in addition to the I-140 for a port. There is some more info on Eb3 to Eb2 here: Upgrading from EB3 to EB2 (http://www.imminfo.com/Library/green_cards/EB/upgrading_eb3_eb2.html)
Oops sorry about that. Thanks for correcting. These things are extremely complicated.:confused:
Oops sorry about that. Thanks for correcting. These things are extremely complicated.:confused:
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gc_lover
11-20 07:36 AM
I went to court in NJ to pay fine and get rid of points for red-light ticket. I reached there by 5 PM and was not able to get out by 9 PM, 4 hours of hell. It happened that way because people who had attorneys with them were given special treatment and they were able to leave court well before others.
Having a good attorney always makes difference. If you don't have attorney then you are not contributing money towards people who run the system, hence the different treatment.
Having a good attorney always makes difference. If you don't have attorney then you are not contributing money towards people who run the system, hence the different treatment.
starseed
07-20 05:58 PM
Hi
I'm a July 2007 Filer, EB-3, German national. My I-485 Received Date is August 1 2007, TSC. Priority Date 7/16/2004. I called and spoke to IO at TSC and she said my case was probably still pending because my Biometrics "is not showing".
My Biometrics was done 11/5/2007 and my copy contains Biometrics Processing Stamp for 11/05/2007 (which she asked if it did). After checking on it, she said that the Fingerprints had "been done and checked". (Does this mean FBI check??). Then she said my Photo Id wasn't showing. Asked her if this was a problem, she said no, it doesn't matter yet since nothing has been approved and it won't matter till approval. When I sought clarification from her as to whether these items were holding up my application, since she seemed to indicate in the beginning that it did; she said no, everything that's needed is there and my case is just pending.
Does anyone have any insight into this???
I mean, it seemed to be a problem initially and there were a lot of uncertain sounds from her followed by being put on hold for minutes at a time while she went to check something. Sounds to me like there was some info/procedural stuff missing which was holding up my app. and she might have corrected some of it in the system or something????
Any ideas or knowledge on the process would be much-appreciated.
(I do intend to call again in the next two consecutive days or so and hope to be able to speak to different IO's to see if I get different info/responses).
PD: 07/16/2004
I -140 Approval: 02/20/2007
I-485 (July 2007) -
VSC Received Date: 08/01/2007; Notice Date: 10/09/2007
Transfer Notice to TSC: Receipt 10/9/2007; Notice Date: 10/12/2007
Biometrics: 11/05/2007
I'm a July 2007 Filer, EB-3, German national. My I-485 Received Date is August 1 2007, TSC. Priority Date 7/16/2004. I called and spoke to IO at TSC and she said my case was probably still pending because my Biometrics "is not showing".
My Biometrics was done 11/5/2007 and my copy contains Biometrics Processing Stamp for 11/05/2007 (which she asked if it did). After checking on it, she said that the Fingerprints had "been done and checked". (Does this mean FBI check??). Then she said my Photo Id wasn't showing. Asked her if this was a problem, she said no, it doesn't matter yet since nothing has been approved and it won't matter till approval. When I sought clarification from her as to whether these items were holding up my application, since she seemed to indicate in the beginning that it did; she said no, everything that's needed is there and my case is just pending.
Does anyone have any insight into this???
I mean, it seemed to be a problem initially and there were a lot of uncertain sounds from her followed by being put on hold for minutes at a time while she went to check something. Sounds to me like there was some info/procedural stuff missing which was holding up my app. and she might have corrected some of it in the system or something????
Any ideas or knowledge on the process would be much-appreciated.
(I do intend to call again in the next two consecutive days or so and hope to be able to speak to different IO's to see if I get different info/responses).
PD: 07/16/2004
I -140 Approval: 02/20/2007
I-485 (July 2007) -
VSC Received Date: 08/01/2007; Notice Date: 10/09/2007
Transfer Notice to TSC: Receipt 10/9/2007; Notice Date: 10/12/2007
Biometrics: 11/05/2007
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Ann Ruben
07-06 06:04 PM
Hi Raj,
"as long as the new company can provide me a future job offer, when the PD is current the GC can be approved."
Well, not exactly. The above statement is true only as long as you do not abandon your AOS application. To make sure that USCIS does not find that you have abandoned your AOS application you should maintain the validity of your Advance Parole if at all possible. Alternatively, if you maintain a current H-1 visa for the new employer, there is a reasonable argument (but not a guarantee) that, despite your absence abroad, you have not abandoned your AOS application. Finally, if after working overseas for the new company for at least one year, the company successfully files an EB-1 I-140 petition for you, you (and your family) can immigrate via Consular Processing in the EB-1 preference category using your old EB-3 priority date if necessary.
Should I transfer my H1B with the new company, or it's not required? My job offer will be from the Indian company, and not the US company.
If you maintain your Advance Parole validity, an H-1 transfer to the new company would not be necessary.
"In case of business travel, until the PD is current, if I don't have AP renewed which visa should I travel on? As I won't be paid directly from the US counterpart of the company, I am not sure if I can travel using H1 for short time.
Could traveling on B1 visa consider it as abandonment of GC process?"
You raise an important point. Travelling on a B-1 visa would certainly be considered an abandonment of your AOS application. Similarly, if you are found not to be "employed" by a US company because you are not on the US payroll, you would not be entitled to enter in H-1 status.
Ann
"as long as the new company can provide me a future job offer, when the PD is current the GC can be approved."
Well, not exactly. The above statement is true only as long as you do not abandon your AOS application. To make sure that USCIS does not find that you have abandoned your AOS application you should maintain the validity of your Advance Parole if at all possible. Alternatively, if you maintain a current H-1 visa for the new employer, there is a reasonable argument (but not a guarantee) that, despite your absence abroad, you have not abandoned your AOS application. Finally, if after working overseas for the new company for at least one year, the company successfully files an EB-1 I-140 petition for you, you (and your family) can immigrate via Consular Processing in the EB-1 preference category using your old EB-3 priority date if necessary.
Should I transfer my H1B with the new company, or it's not required? My job offer will be from the Indian company, and not the US company.
If you maintain your Advance Parole validity, an H-1 transfer to the new company would not be necessary.
"In case of business travel, until the PD is current, if I don't have AP renewed which visa should I travel on? As I won't be paid directly from the US counterpart of the company, I am not sure if I can travel using H1 for short time.
Could traveling on B1 visa consider it as abandonment of GC process?"
You raise an important point. Travelling on a B-1 visa would certainly be considered an abandonment of your AOS application. Similarly, if you are found not to be "employed" by a US company because you are not on the US payroll, you would not be entitled to enter in H-1 status.
Ann
more...
dealsnet
04-14 09:25 AM
It is very clear. Child can charge to either parents chargeability. Parents cannot charge to child's country of birth.
Lawyers are not always correct. Check the law by ourselves. Only government can change the law. Not by any lawyers.
it seems clear - a child can claim either parents country chargeability. A spouse can claim a favorable country chargeability. I dont think it says that a parent can claim chargeability of childs birth country.
Lawyers are not always correct. Check the law by ourselves. Only government can change the law. Not by any lawyers.
it seems clear - a child can claim either parents country chargeability. A spouse can claim a favorable country chargeability. I dont think it says that a parent can claim chargeability of childs birth country.
cheg
08-30 08:53 PM
Congratulations!!! Celebrate! :D
more...
mmandal
08-02 12:29 PM
Guys
I want to alert you to a bad experience with UPS over an international shipment and suggest you ship Fedex or DHL especially if shipping time-sensitive immigration docs. If you have any further questions pls PM me.
I mailed a 'guaranteed delivery' package containing immigration docs to Mumbai from Tucson, AZ. I wanted this package to reach at a particular date because of a time-sensitive processing required on part of my family in India. It was mailed through a UPS store in Tucson.
The problems:
1. The package was delayed by 2 business days, screwing me and my family - cancelled airplane tickets, missed appointments, cascading delay for further processing.
2. I am having trouble getting a refund even though I am eligible for it. The UPS store refuses to issue a refund saying that "there is no guaranteed international shipment' ever. This is after the fact that UPS shipping confirms that I am eligible for a refund, but it has to be processed through the store. So, basically, I am caught between the UPS store and UPS shipping.
Lesson learned:
1. Dont ship UPS
2. Even if you ship UPS, dont ship it through a UPS Store
Based on my discussions in the recent couple of days, Fedex may be a better option. In fact I FEDEX'ed duplicate copies of the paperwork 3 business days later and they were delivered on the same day as the UPS package!!! Never tried DHL so cant say anything.
I want to alert you to a bad experience with UPS over an international shipment and suggest you ship Fedex or DHL especially if shipping time-sensitive immigration docs. If you have any further questions pls PM me.
I mailed a 'guaranteed delivery' package containing immigration docs to Mumbai from Tucson, AZ. I wanted this package to reach at a particular date because of a time-sensitive processing required on part of my family in India. It was mailed through a UPS store in Tucson.
The problems:
1. The package was delayed by 2 business days, screwing me and my family - cancelled airplane tickets, missed appointments, cascading delay for further processing.
2. I am having trouble getting a refund even though I am eligible for it. The UPS store refuses to issue a refund saying that "there is no guaranteed international shipment' ever. This is after the fact that UPS shipping confirms that I am eligible for a refund, but it has to be processed through the store. So, basically, I am caught between the UPS store and UPS shipping.
Lesson learned:
1. Dont ship UPS
2. Even if you ship UPS, dont ship it through a UPS Store
Based on my discussions in the recent couple of days, Fedex may be a better option. In fact I FEDEX'ed duplicate copies of the paperwork 3 business days later and they were delivered on the same day as the UPS package!!! Never tried DHL so cant say anything.
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thomachan72
01-21 09:57 AM
Is this predominantly affecting those on consulting jobs?
more...
san752000
07-11 10:02 PM
Your wife should NOT have any problems if she is still in her 6 years of her first H1B. My wife had the same case and she got her H1B in 15 days and it was NOT counted against the quota.
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raysaikat
07-12 01:01 PM
Situation:
Currently working full time on H1-B with I-140 approved already with company A. Cannot file 485 due to retrogression.
Want to work with company B part time,but need to file another H1-B part time.
My question is:
Will filling for a 2nd H1-B for comapny B (part time) without talking to the lawyer of Company A affect my first H1-B in anyway what so ever. Or are the 2 cases entirely separate and will not be linked by USCIS. Thanks in advance for assisting me on this situation.
You will have to provide proof of your current H1-B status so that the concurrent H1-B can be issued as cap-exempt. There is no official need to let the first company know about the second H1-B. However I do not know if the first company could/would come to know about it at a later date.
Currently working full time on H1-B with I-140 approved already with company A. Cannot file 485 due to retrogression.
Want to work with company B part time,but need to file another H1-B part time.
My question is:
Will filling for a 2nd H1-B for comapny B (part time) without talking to the lawyer of Company A affect my first H1-B in anyway what so ever. Or are the 2 cases entirely separate and will not be linked by USCIS. Thanks in advance for assisting me on this situation.
You will have to provide proof of your current H1-B status so that the concurrent H1-B can be issued as cap-exempt. There is no official need to let the first company know about the second H1-B. However I do not know if the first company could/would come to know about it at a later date.
more...
NKR
06-02 10:24 AM
Kaiser.
thx for replying . but I do not want both Visa on Oct1.
My L1 ends sometime in mid September.
My H1 would be effective only from Oct 1.
So, during this time I will be out of status right ?
So if I do my L1 Extension, I might solve the problem.
But Will doing that affect the approved H1 ?
Pls. help. thanks.
It does seem that you will be out of status in the interim period. Can you go to your country on a vacation, come back on H1 and start your new job afresh?. If you can then I suggest you do that, if not I suggest you consult an attorney.
thx for replying . but I do not want both Visa on Oct1.
My L1 ends sometime in mid September.
My H1 would be effective only from Oct 1.
So, during this time I will be out of status right ?
So if I do my L1 Extension, I might solve the problem.
But Will doing that affect the approved H1 ?
Pls. help. thanks.
It does seem that you will be out of status in the interim period. Can you go to your country on a vacation, come back on H1 and start your new job afresh?. If you can then I suggest you do that, if not I suggest you consult an attorney.
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gc_on_demand
07-19 11:33 AM
Does any one on this forum know under what section of law family to emp based spill over happens ? Last year DOS allocated some 10k family visas ( unused) to emp quota but it was distributed.
Just checking if this allocation is by book of law or interpretation of DOS based on some law. There are some chances that this year family based quota could be more and if DOS make them to fall down from Eb1 -- > Eb2 --> Eb3 -- > Eb4 -- > Eb5. then it could make C for all EB2 and those visas can fall down to Eb3 and this way in Oct 2010 atleast EB3 India get some 10-15 k extra visas. but if DOS allocate them across all category from day one then Eb2 row and Eb1 , 4, 5 keep consuming them and during last quarter spill over come down less..
Lets find out if there is any thing in law.
Just checking if this allocation is by book of law or interpretation of DOS based on some law. There are some chances that this year family based quota could be more and if DOS make them to fall down from Eb1 -- > Eb2 --> Eb3 -- > Eb4 -- > Eb5. then it could make C for all EB2 and those visas can fall down to Eb3 and this way in Oct 2010 atleast EB3 India get some 10-15 k extra visas. but if DOS allocate them across all category from day one then Eb2 row and Eb1 , 4, 5 keep consuming them and during last quarter spill over come down less..
Lets find out if there is any thing in law.
more...
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aamchimumbai
05-17 03:11 AM
How long did i take for you to get the vaccinations ? I mean were you done in a day.
Thanks
I just posted another alternative to saving on the vaccines:
http://immigrationvoice.org/forum/showpost.php?p=87048&postcount=20
Basically, if your county health dept has a program, they can give you vaccinations for dirt cheap prices. I paid only $10 per person for Td & MMR :)
Thanks
I just posted another alternative to saving on the vaccines:
http://immigrationvoice.org/forum/showpost.php?p=87048&postcount=20
Basically, if your county health dept has a program, they can give you vaccinations for dirt cheap prices. I paid only $10 per person for Td & MMR :)
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glamzon
08-02 03:15 PM
lol...nice joke ..can i borrow your pigeon for this weekend ..need to make some weekend deliveries ;)
more...
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nk2006
05-01 07:54 AM
It does seem random. A collegue of mine sent his application on the same day as mine in Dec - his 140 is approved a month ago and I am still waiting (both are EB2; both are similar job types with same company; but he is from ROW and has 485 current dates and poor me is from a retrogessed country).
EB2 I140 @ Texas receipt date: 21st Dec 06
Notice date: 3rd Jan 07 (not sure if this is the receipt date but there is an update on this date)
Processing type: Regular
Current status: PENDING
EB2 I140 @ Texas receipt date: 21st Dec 06
Notice date: 3rd Jan 07 (not sure if this is the receipt date but there is an update on this date)
Processing type: Regular
Current status: PENDING
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Ramba
04-16 02:42 PM
http://answers.yahoo.com/question/index?qid=20070311145154AA9x6Th
http://www.city-data.com/forum/houston/
There are many good things.
1. cheap real estate.
2. diversed (for desis)
3. No state dox.
Bad things.
1. Hot and humid
2.high propert tax (3-4%)
3. High enery cost due to hot wether through out year. (average 300$-400$ for electric bill for 2500sq.ft house)
4. Hurricane and flood possibilites..
http://www.city-data.com/forum/houston/
There are many good things.
1. cheap real estate.
2. diversed (for desis)
3. No state dox.
Bad things.
1. Hot and humid
2.high propert tax (3-4%)
3. High enery cost due to hot wether through out year. (average 300$-400$ for electric bill for 2500sq.ft house)
4. Hurricane and flood possibilites..
more...
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chennaigc
11-21 04:27 PM
I have one question . What about the I-94 which comes with I-797 ? Can we use this as replacement?
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ilikekilo
07-17 04:43 PM
--
We recently used flowers as a sign of protest. My suggestion is not to send flowers to either IV core or congresswoman Zoe Lofgren or anyone else. That might send a mixed message although the intentions are good.
Instead of flowers, I recommend a funding drive. That would help the core IV to have more resources at their disposal to push for the next step, which is long term solution for visa retrogression.
I second this...money sounds better for long term solutions
We recently used flowers as a sign of protest. My suggestion is not to send flowers to either IV core or congresswoman Zoe Lofgren or anyone else. That might send a mixed message although the intentions are good.
Instead of flowers, I recommend a funding drive. That would help the core IV to have more resources at their disposal to push for the next step, which is long term solution for visa retrogression.
I second this...money sounds better for long term solutions
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gc_vbin
04-08 05:06 PM
You need to update your profile with enough details so people can respond to you. There are not enough details in your profile.
May 2011 Bulletin is out
Employment- Based Category
INDIA EB2 July 2006 (from May 2006)
http://www.travel.state.gov/visa/bulletin/bulletin_5424.html[/IMG]
I received an email from NVC on Mar 31st with invoice of 794$. My lawyer says that means nothing to me if I don't go for Consulate Processing. But dont they know when they send the email that we didn't opt for CP in I-140. I am confused.
For those of you who received the letter from NVC are you EB2?
May 2011 Bulletin is out
Employment- Based Category
INDIA EB2 July 2006 (from May 2006)
http://www.travel.state.gov/visa/bulletin/bulletin_5424.html[/IMG]
I received an email from NVC on Mar 31st with invoice of 794$. My lawyer says that means nothing to me if I don't go for Consulate Processing. But dont they know when they send the email that we didn't opt for CP in I-140. I am confused.
For those of you who received the letter from NVC are you EB2?
immigrationbond007
06-14 09:22 PM
They should arrive within 90 days of applying. They are not related to the Priority date. ;)
First, Congrats to everyone and IV Core Team!!
Priority Date may retrogress again. I am debating right now if I need to push my lawyer to file I-485 ASAP (hired by the firm, won't move a bit if not being bugged).
My understanding is: the immediate benefits for my wife and me once I-485 is filed are Advanced Parole and Employment Authorization Document.
My question is: are AP and EAD linked with Priority Date in any way, or you will have them once I-485 package is sent, no matter what? In other words, if PD retrogresses again in the near future, will AP and EAD be delayed also?
Thanks again!!! Sorry, have to open a thread like this. Went thru 30+ pages of posting on I-485, haven't found the answer.
First, Congrats to everyone and IV Core Team!!
Priority Date may retrogress again. I am debating right now if I need to push my lawyer to file I-485 ASAP (hired by the firm, won't move a bit if not being bugged).
My understanding is: the immediate benefits for my wife and me once I-485 is filed are Advanced Parole and Employment Authorization Document.
My question is: are AP and EAD linked with Priority Date in any way, or you will have them once I-485 package is sent, no matter what? In other words, if PD retrogresses again in the near future, will AP and EAD be delayed also?
Thanks again!!! Sorry, have to open a thread like this. Went thru 30+ pages of posting on I-485, haven't found the answer.
REDS
07-20 08:28 AM
I am facing the same situation .My PD is Sep 2003 and my I 140 is pending, recently filed 485 and on top of that i am unmarried, I am scared that my 485might get approved before i get married.