santb1975
04-10 06:02 PM
Together we can accomplish a lot
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neerajkandhari
06-05 05:28 PM
I think when Immigration asks for the proof of employment you have to provide a letter that some one is ready to Hire you if do not have that job offer you are pretty much done (485 will be rejected)
So its all about timing if you are asked to prove your future employment and if you dont have that letter that time your 485 will be rejected
So its all about timing if you are asked to prove your future employment and if you dont have that letter that time your 485 will be rejected
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bp333
11-05 02:18 PM
Just voted, thank you for sharing. I'll spread the word..
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sledge_hammer
02-18 12:08 PM
If the question is whether AC21 can be used or not, then the answer is YES. If the question is whether it is legal or not, then the answer is illegal. If the applicant never had the intention to work for the company that filed for GC, then it is fraud.
Besides, with VSG Inc. in such a big mess, who knows what USCIS is going to decide about these cases!
Incorrect.
As per Yates memo (link (http://www.uscis.gov/files/pressrelease/I140_AC21_8403.pdf))
It should be noted that there is no requirement in statute or regulations that a beneficiary of a Form I-140 actually be in the underlying employment until permanent residence is authorized. Therefore, it is possible for an alien to qualify for the provisions of �106(c) of AC21 even if he or she has never been employed by the prior petitioning employer or the subsequent employer under section 204(j) of the Act.
______________________
Not a legal advice.
US citizen of Indian origin
Besides, with VSG Inc. in such a big mess, who knows what USCIS is going to decide about these cases!
Incorrect.
As per Yates memo (link (http://www.uscis.gov/files/pressrelease/I140_AC21_8403.pdf))
It should be noted that there is no requirement in statute or regulations that a beneficiary of a Form I-140 actually be in the underlying employment until permanent residence is authorized. Therefore, it is possible for an alien to qualify for the provisions of �106(c) of AC21 even if he or she has never been employed by the prior petitioning employer or the subsequent employer under section 204(j) of the Act.
______________________
Not a legal advice.
US citizen of Indian origin
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Munna Bhai
12-17 10:03 AM
The letter does not say anything. It just says that your I-485 is denied.
It does not give nay reason. It does not even say to appeal..
Thanks
uscis should tell you why?? contact uscis or your attorney. What is your gut feeling? Why it might got denied. What is your PD etc.
It does not give nay reason. It does not even say to appeal..
Thanks
uscis should tell you why?? contact uscis or your attorney. What is your gut feeling? Why it might got denied. What is your PD etc.
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GCanyMinute
08-23 12:23 PM
My PD is 01/2002, so you can imagine what I felt when the September bulletin was out (I am EB3 world with 485 already filed 08/2004)!
Now, I just called USCIS and they confirmed to me that indeed the Priority Date shows only on I-140, not I-485, so eveything is OK! Don't worry and be happy!
Wow!!! You must be very happpy!!!! Your GC is coming out hot of the oven huh?! That's great! Let us know when you get it 'cause things like that serve to pump up people in line!! :D
As for me 2 more months...please October Visa bulletin be nice to me! :rolleyes:
Hey thanks a lot for the info, good to know USCIS just confirmed that.
Now, I just called USCIS and they confirmed to me that indeed the Priority Date shows only on I-140, not I-485, so eveything is OK! Don't worry and be happy!
Wow!!! You must be very happpy!!!! Your GC is coming out hot of the oven huh?! That's great! Let us know when you get it 'cause things like that serve to pump up people in line!! :D
As for me 2 more months...please October Visa bulletin be nice to me! :rolleyes:
Hey thanks a lot for the info, good to know USCIS just confirmed that.
more...
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wrsquared
October 27th, 2003, 06:37 PM
...It's also worth noting that there is no trace of the "rule of thirds" in that image.
Much of the above applies to this one, which I put online this evening:
http://web.mw.net/dphoto.us/members/displayimage.php?album=13&pos=0
Don
I'd entitle this one "Fuzzy Colors" or "5-O'clock Shadows on Upholstery"
I've GOT to get a macro lens. It obviously opens a completely new world of stuff to see. My wife's gonna toss me out on my ear. I may have to come crash at your place for a while....a doghouse would be fine...that's where I spend a lot of time anyway.
-Will-
Much of the above applies to this one, which I put online this evening:
http://web.mw.net/dphoto.us/members/displayimage.php?album=13&pos=0
Don
I'd entitle this one "Fuzzy Colors" or "5-O'clock Shadows on Upholstery"
I've GOT to get a macro lens. It obviously opens a completely new world of stuff to see. My wife's gonna toss me out on my ear. I may have to come crash at your place for a while....a doghouse would be fine...that's where I spend a lot of time anyway.
-Will-
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nayekal
02-20 06:17 PM
Hi
To best of my knowledge
A1. H1
A2. no time limit.
A3. Yes she needs H1 Stamping.
A4. You can reapply H4 for her
If I am wrong please correct me.
I disagree with A3.
She doesn't haven't have a job, so no pay stubs and also no W2 form for 2008. It will be very difficult for her to get H1 stamping.
She can try for H4 stamping, but again it is also difficult as she is already on H1 and is out of status.But, may be it is not as difficult as H1 stamping.
IMHO, applying for I-539 from within US for H1 to H4, would be a better idea. This is what I did for my wife and she got approval within 2 months.My wife tried a lot for projects (she had 3 years exp) and she couldn't get one interview call in 5 months. I didn't submit her pay stubs, since has none. It is painful to go back to H4, but in this market, I think that is the best option.
To best of my knowledge
A1. H1
A2. no time limit.
A3. Yes she needs H1 Stamping.
A4. You can reapply H4 for her
If I am wrong please correct me.
I disagree with A3.
She doesn't haven't have a job, so no pay stubs and also no W2 form for 2008. It will be very difficult for her to get H1 stamping.
She can try for H4 stamping, but again it is also difficult as she is already on H1 and is out of status.But, may be it is not as difficult as H1 stamping.
IMHO, applying for I-539 from within US for H1 to H4, would be a better idea. This is what I did for my wife and she got approval within 2 months.My wife tried a lot for projects (she had 3 years exp) and she couldn't get one interview call in 5 months. I didn't submit her pay stubs, since has none. It is painful to go back to H4, but in this market, I think that is the best option.
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statuslaw
01-22 06:03 PM
Thanks, singhv_1980!
My job is related to research in chemical engineering. Do you mean my name check or security check was already done? How long to wait for PIMS verifications?
There is a possibility that you are also stuck in PIMS verifications. There is a whole bunch of threads going on with the topic. I believe security checks are done if your job profile is sensitive (like semi conductors, nuclear ).
Good Luck!
My job is related to research in chemical engineering. Do you mean my name check or security check was already done? How long to wait for PIMS verifications?
There is a possibility that you are also stuck in PIMS verifications. There is a whole bunch of threads going on with the topic. I believe security checks are done if your job profile is sensitive (like semi conductors, nuclear ).
Good Luck!
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gc4me
04-23 10:18 AM
this statement is not true. USCIS does not send I-140 approval to alien as it belongs to employer.
u will get a copy of the approval notice directly from USCIS though.
u will get a copy of the approval notice directly from USCIS though.
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aadimanav
12-20 06:33 PM
I found out from discussion about the USCIS Expedite service:
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=38a127720928f010VgnVCM1000000ecd190aRCR D&vgnextchannel=a9243529fdb7e010VgnVCM1000000ecd190a RCRD
"
All expedite requests are reviewed on a case-by-case basis, and are granted at the discretion of the Director. The criteria are as follows:
* Severe financial loss to company or individual
* Extreme emergent situation
* Humanitarian situation
* Nonprofit status of requesting organization in furtherance of the cultural and social interests of the United States
* Department of Defense of National Interest Situation (Note: Request must come from official United States Government entity and state that delay will be detrimental to our Government)
* USCIS error
* Compelling interest of USCIS
If your case is at a local office at the time you need to make your emergency request, please go to the local office in person to make your request. Please be sure to take all supporting documentation with you.
If your case is at one of our Service Centers or the National Benefits Center, please call customer service at 1-800-375-5283 to receive further instructions on where and how to send your request.
"
I am not sure this is applicable in case of Green Card too even when the dates are not current for your category.
I guess 99.99% won't able to use it, but at least it will be helpful for 0.01% people.
It appears that this person (http://www..com/member/kurup65/) has been successful to get his GC using this expedite service (EB3 India PD: Nov 2005)
She mentioned:
"We (my husband and I) requested expedite request due to extreme emergency situation and USCIS approved it. Luckily things work out for us. Can't say too much other than that. Thanks for all the well wishes....."
Source:
http://www..com/discussion-forums/i485-1/52168049/
ENJOY!!!!
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=38a127720928f010VgnVCM1000000ecd190aRCR D&vgnextchannel=a9243529fdb7e010VgnVCM1000000ecd190a RCRD
"
All expedite requests are reviewed on a case-by-case basis, and are granted at the discretion of the Director. The criteria are as follows:
* Severe financial loss to company or individual
* Extreme emergent situation
* Humanitarian situation
* Nonprofit status of requesting organization in furtherance of the cultural and social interests of the United States
* Department of Defense of National Interest Situation (Note: Request must come from official United States Government entity and state that delay will be detrimental to our Government)
* USCIS error
* Compelling interest of USCIS
If your case is at a local office at the time you need to make your emergency request, please go to the local office in person to make your request. Please be sure to take all supporting documentation with you.
If your case is at one of our Service Centers or the National Benefits Center, please call customer service at 1-800-375-5283 to receive further instructions on where and how to send your request.
"
I am not sure this is applicable in case of Green Card too even when the dates are not current for your category.
I guess 99.99% won't able to use it, but at least it will be helpful for 0.01% people.
It appears that this person (http://www..com/member/kurup65/) has been successful to get his GC using this expedite service (EB3 India PD: Nov 2005)
She mentioned:
"We (my husband and I) requested expedite request due to extreme emergency situation and USCIS approved it. Luckily things work out for us. Can't say too much other than that. Thanks for all the well wishes....."
Source:
http://www..com/discussion-forums/i485-1/52168049/
ENJOY!!!!
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jthomas
06-07 10:11 PM
....... But its better not to apply for any government aid if possible. There are many people who have applied for unemployement. It would be interesting to find out if they had issues during the 485 approval
1. Unemployment benifit is not a goverment aid. Its a insurance which is deducted from every paycheck.
2. Goverment aid has increased the insurance from almost 6 months to almost one year. However we are not qualified for the goverment aid. Unemployment benifit people have given be 28 weeks instead of 54 weeks (in CA). One of my friend in Mass (boston) got 30 weeks instead of 59 weeks. So in this case they automatically remove us from goverment benifits.
Apply or not its your personal choice. Research about it from good sources and if you wish apply for it.
Secondly, Unemployment insurance is around 450 to 650 dollars a week and depends on the state. If you decide to apply for it then please think about CONTRIBUTING some dollars to IV.
1. Unemployment benifit is not a goverment aid. Its a insurance which is deducted from every paycheck.
2. Goverment aid has increased the insurance from almost 6 months to almost one year. However we are not qualified for the goverment aid. Unemployment benifit people have given be 28 weeks instead of 54 weeks (in CA). One of my friend in Mass (boston) got 30 weeks instead of 59 weeks. So in this case they automatically remove us from goverment benifits.
Apply or not its your personal choice. Research about it from good sources and if you wish apply for it.
Secondly, Unemployment insurance is around 450 to 650 dollars a week and depends on the state. If you decide to apply for it then please think about CONTRIBUTING some dollars to IV.
more...
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shreekhand
04-28 07:34 PM
Go Utah! ... Go Texas !
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tabletpc
07-29 10:59 PM
If the applicant has US degree its good to goto canand for stamping as it will be easy for them to varify degree documents.
Even i was scared...2 years back when i went to calgary for stamping. But having a US degree did help me. Later many of my frinds who din't had US degree had problems from cananda.
If u r going to canada its better to go with a approved h1B(I797) rather than directly asking them for extension.
Yes if it gets rejected...u need to take an appointment in india and return to US.
Even i was scared...2 years back when i went to calgary for stamping. But having a US degree did help me. Later many of my frinds who din't had US degree had problems from cananda.
If u r going to canada its better to go with a approved h1B(I797) rather than directly asking them for extension.
Yes if it gets rejected...u need to take an appointment in india and return to US.
more...
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tabletpc
05-28 11:32 AM
Greatly apprecite if anyone can give their inputs...
I have PD with dec 2006 and 140 approved. Filed 485 in July 2007. For october 2008 I will be done with 4 years of H1b. I am single and I may not get married untill later 2009 due to some family responsibalities. I am kind of concered about 485 getting approval by then which might jeoperdise my spouse visa later. Based on the present processing speed, mine might take minmum 2 years. But bit concerend what if USCICS make a mistake in processing 485 in terms of picking 485 from a later date and approving it?
So my query is...
1. If I now withdraw my 485 and later change company. SHould I again get a new labor and i140 approved with new company to file for 485.( Here I understand I can port my PD.).
Any inputs will be greatly apprecited....
I have PD with dec 2006 and 140 approved. Filed 485 in July 2007. For october 2008 I will be done with 4 years of H1b. I am single and I may not get married untill later 2009 due to some family responsibalities. I am kind of concered about 485 getting approval by then which might jeoperdise my spouse visa later. Based on the present processing speed, mine might take minmum 2 years. But bit concerend what if USCICS make a mistake in processing 485 in terms of picking 485 from a later date and approving it?
So my query is...
1. If I now withdraw my 485 and later change company. SHould I again get a new labor and i140 approved with new company to file for 485.( Here I understand I can port my PD.).
Any inputs will be greatly apprecited....
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xbohdpukc
01-09 02:11 PM
why are we assuming that the parents are illegals?? as far as I know, it has not been reported anywhere in the media that the parents were here illegally. if it has, please post relevant links.
as for being a legal resident, do the rules state that you need to be a legal resident for immigration benefits or tax benefits?
For IRS purposes, 180 days or more on a valid non immig. worker status and you are a legal resident.....
legal resident is incorrect term for tax purposes. IRS treats you as a resident for tax purposes. LEGAL/ILLEGAL terms are borrowed from the immigration law realm and I believe that it was the intent of the contest rules. I also agree with the point, that TRU were just following the rules and they should not have changed their stance on the matter.
as for being a legal resident, do the rules state that you need to be a legal resident for immigration benefits or tax benefits?
For IRS purposes, 180 days or more on a valid non immig. worker status and you are a legal resident.....
legal resident is incorrect term for tax purposes. IRS treats you as a resident for tax purposes. LEGAL/ILLEGAL terms are borrowed from the immigration law realm and I believe that it was the intent of the contest rules. I also agree with the point, that TRU were just following the rules and they should not have changed their stance on the matter.
more...
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eb2green
05-01 12:15 PM
I agree with you that it is a random process but the processing date that is shown indicates that all the cases prior to that date have been "served". So, TSC-Oct 14 means, cases received on Oct 14 and later are currently being served. Hope this helps.
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ysiad
08-10 11:08 PM
Hi, my I-485 approval might be close according to current processing time. I have moved within the same city. I wonder whether change of address at this time will cause any delay:
1. how likely due to change of address, my I-485 processing will be affected and got delayed?
2. how likely I will get a REF due to change of address?
3. Is it better to make an effort to keep the old address?
Thanks.
1. how likely due to change of address, my I-485 processing will be affected and got delayed?
2. how likely I will get a REF due to change of address?
3. Is it better to make an effort to keep the old address?
Thanks.
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another one
08-15 08:39 AM
One question on the bullet below: Does the calculation assume that all 140K visa numbers can be used towards all pending applications, irrespective of country limits. I thought the country limit is going to make the situation much worse.
Employment Based (EB) Green Card (GC) Laws
� There will be around 1Million AOS/I-485) applications by Aug 17 which will take 1M/140K = 7+ years to clear the backlog. Thus, late priority dates will remain retrogressed for several years.
� [/B]
Employment Based (EB) Green Card (GC) Laws
� There will be around 1Million AOS/I-485) applications by Aug 17 which will take 1M/140K = 7+ years to clear the backlog. Thus, late priority dates will remain retrogressed for several years.
� [/B]
eb3retro
06-09 08:37 AM
Hi all,
I have come to texas on a B1 to the client location. I stayed with my colleague who has a apartment here. When we left to office ( my first day ) .I made a mistake leaving my passport and others in apartment. .
I have applied and got a new passport .
I have applied for I-94 by filing I-102 . The processing dates are very slow for this . I only have a reciept of this and nothing.
I am leaving 3july next month...what need to be done....i dont even have a VISA.
And what needs to be done for B1 VISA.
I emailed the chennai US embassy but couldnt get any reply............
PLEAASE...HELP:(:confused:
is this in dallas or houston?
I have come to texas on a B1 to the client location. I stayed with my colleague who has a apartment here. When we left to office ( my first day ) .I made a mistake leaving my passport and others in apartment. .
I have applied and got a new passport .
I have applied for I-94 by filing I-102 . The processing dates are very slow for this . I only have a reciept of this and nothing.
I am leaving 3july next month...what need to be done....i dont even have a VISA.
And what needs to be done for B1 VISA.
I emailed the chennai US embassy but couldnt get any reply............
PLEAASE...HELP:(:confused:
is this in dallas or houston?
pachaik
02-11 10:08 PM
Just signed it.
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