dvb123
12-03 05:11 PM
http://www.immigration-law.com/
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perm2gc
06-16 05:46 PM
To all Bachelors
1. you can files your I485 and later add your spouse if the dates are current or you have the priority date.
2.You can apply for EAD during I485 and at the same time can be on H1 unless you don't change an employer using EAD.
3.Unless you add your spouse to I485 process..you have to maintain your H1 status as your spouse will be on H4.
4.BY any chance your I485 is approved before adding your spouse(present in US)..you have 180days to apply for your spouse.
5.If your I485 is approved when your spouse in outsite USA..then you have to go for consular processing.
6. No one exactly knows if the PD will remain same or not.
So anyone about to marry or planning to get married,talk to your attornies about your situation and take a decision.
1. you can files your I485 and later add your spouse if the dates are current or you have the priority date.
2.You can apply for EAD during I485 and at the same time can be on H1 unless you don't change an employer using EAD.
3.Unless you add your spouse to I485 process..you have to maintain your H1 status as your spouse will be on H4.
4.BY any chance your I485 is approved before adding your spouse(present in US)..you have 180days to apply for your spouse.
5.If your I485 is approved when your spouse in outsite USA..then you have to go for consular processing.
6. No one exactly knows if the PD will remain same or not.
So anyone about to marry or planning to get married,talk to your attornies about your situation and take a decision.
babu123
07-13 02:22 PM
My friend also faced similar situation like your case sometime back. But at that time he is having his previous employer valid H1.
You have two options.
1. Change to new employer and apply H1B thru Premium. The reason is your employer is having issues with USCIS. Hence he is not willing to do Premium.
2. If you dont want to change your employer, you can apply another H1B from your current employer under premium as the current petition is not allowing to do premium.
Good luck
You have two options.
1. Change to new employer and apply H1B thru Premium. The reason is your employer is having issues with USCIS. Hence he is not willing to do Premium.
2. If you dont want to change your employer, you can apply another H1B from your current employer under premium as the current petition is not allowing to do premium.
Good luck
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Libra
08-13 09:58 PM
hopefulgc, will you please concentrate on action items..........
more...
nowhereman
01-31 09:55 AM
Stay in the US
I went through similar circumstances and finally I found that US was the better choice
Thanks gcpool for your reply. My question though is that is it pretty much guaranteed that the green card will come through after the 140 clears? I ask because just today the USCIS website updated to say that they sent out a RFE for our 140.
The risk/reward matrix for my situation is as follows:
Stay in USA/green card comes = most assurance of good job and pay.
Go to Canada/green card denied= harder to find job and less pay, but at least not deported.
Go to Canada/green card comes = I'll survive, but there's the possibility that I'll be kicking myself for a long time.
Stay in USA/green card denied = I'll probably jump off a building. :D
So you see it pretty much all depends on how much assurance there is of getting the green card after 140 clears.
I went through similar circumstances and finally I found that US was the better choice
Thanks gcpool for your reply. My question though is that is it pretty much guaranteed that the green card will come through after the 140 clears? I ask because just today the USCIS website updated to say that they sent out a RFE for our 140.
The risk/reward matrix for my situation is as follows:
Stay in USA/green card comes = most assurance of good job and pay.
Go to Canada/green card denied= harder to find job and less pay, but at least not deported.
Go to Canada/green card comes = I'll survive, but there's the possibility that I'll be kicking myself for a long time.
Stay in USA/green card denied = I'll probably jump off a building. :D
So you see it pretty much all depends on how much assurance there is of getting the green card after 140 clears.
jliechty
June 11th, 2004, 07:46 PM
I appologize profusely for the misunderstanding... entirely mea cupla. :(
Anyway, you won't have to worry about having to see any bit of me anymore... perhaps there's somewhere where someone who shoots non-Canon equipment that doesn't have a CMOS or CCD inside it is welcome. Goodbye.
Anyway, you won't have to worry about having to see any bit of me anymore... perhaps there's somewhere where someone who shoots non-Canon equipment that doesn't have a CMOS or CCD inside it is welcome. Goodbye.
more...
piyu7444
08-23 11:14 PM
raysaikat thanks a lot!
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JunRN
09-18 02:44 AM
From Receipt Date. However, due to surge of application in July, there might be some delay this time and NSC may not meet the 90 days processing target.
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kumhyd2
08-16 06:27 PM
It is known that many employers and their attorneys do not provide their employees with the 485 receipt number. To avoid unnecessary trauma and strain on the employer-employee relationship, we should request USCIS to send a copy to the applicant whether 485 was filed with or without G28.
There are some places, where employee is kept out of the loop and is being exploited. USCIS is the only body which can help in this. It should send copies of all the transactions it makes with either attorney or the employer. that way the employer/ attorney doesn't get a chance to exploit the employee.
There are some places, where employee is kept out of the loop and is being exploited. USCIS is the only body which can help in this. It should send copies of all the transactions it makes with either attorney or the employer. that way the employer/ attorney doesn't get a chance to exploit the employee.
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ncrtpMay2004
08-20 08:20 AM
Only if the assumption that the new i140 and 485 application will be low. This assumption depends on type of economic recovery.
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santb1975
05-22 03:15 PM
You do not have to be single unless you have already decided on marrying someone who is not in the country at this time.
my employment is terminated a month ago. I still need to file h1 transfer to the GC sponser. I am single
I am told that H1 can be transferred only with in 10 days-20 days or so. which means that it is already a month. so in case if I dont get the h1 or if I have an issue in the H1 transfer, is that the end of my being H1.
If I were to be on H1 again is it going to come under the cap along with those new H1 filers? I still have one and half years to complete 6 years.
I have a fall back to EAD though based an approved 140 and 180 days past 485.
But how do I get the spouse then???
my employment is terminated a month ago. I still need to file h1 transfer to the GC sponser. I am single
I am told that H1 can be transferred only with in 10 days-20 days or so. which means that it is already a month. so in case if I dont get the h1 or if I have an issue in the H1 transfer, is that the end of my being H1.
If I were to be on H1 again is it going to come under the cap along with those new H1 filers? I still have one and half years to complete 6 years.
I have a fall back to EAD though based an approved 140 and 180 days past 485.
But how do I get the spouse then???
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TheCanadian
03-21 12:51 PM
That doesn't even make sense!
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rimzhim
02-08 07:39 PM
Check this (http://www.immigrationportal.com/showthread.php?t=240431)out. No need to look at the bulletin for the next 6 months.:mad:
should we believe someone who justs says he/she has insider information? Who is this guy berkeleybee anyway?
should we believe someone who justs says he/she has insider information? Who is this guy berkeleybee anyway?
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shantanup
05-06 08:58 AM
Long time ago when I inquired at the University of Houston, they said that any person who has lived in Texas for more than a year will be considered as an in-state student. Bear in mind that this was some time in 2001-2002.
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vactorboy29
08-11 02:17 PM
Please help me with USCIS Phone Key Pad Entry Sequence to talk to USCIS. I need to know why my case was transferred to Local Office.
Try this
Call 1-800-375-5283
Press 1
Press 2
Press 2
Press 6
Press 1
Now enter your receipt number
press 1
press 1 (now listen to the case update info)
press 3
press 4
(now if you listen a male voice prompting you to hold the call that means the call is going to IOs desk, if it says no IO is available, it will redirect it to NSC, you can hang up and try the next morning)
Try this
Call 1-800-375-5283
Press 1
Press 2
Press 2
Press 6
Press 1
Now enter your receipt number
press 1
press 1 (now listen to the case update info)
press 3
press 4
(now if you listen a male voice prompting you to hold the call that means the call is going to IOs desk, if it says no IO is available, it will redirect it to NSC, you can hang up and try the next morning)
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Lou_Sifffer
04-16 01:20 PM
you need to be old enough to carry on a convo like adults with full words, not slang, etc.
most states allow people to get work permits at certain ages, to work after school and such.
If it is your parent's company, then no age limits apply.
most states allow people to get work permits at certain ages, to work after school and such.
If it is your parent's company, then no age limits apply.
more...
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kommisetty
08-21 03:21 PM
Even though i didn't get my GC yet this info is helpful.;)
PD : 2005 Oct. I-485 Still pending :confused:
Hi guys,
...
followup post:
I think there is a mix up here between two things:
180 day clock does start on the first day after filing 485, but that is for the purpose of AC21. Once you use AC21, then the next employer assumes the role of "your future permanent employer" and you should have "intent to permanently work for that(new, not the sponsoring) employer" AT the time of GC approval.
If you use change the employers 7 times using AC21 before your GC gets approved; you should have "intent to work permanently for the latest employer".
You are not bonded slaves. The only issue is that the "burden of proof" of proving the intent to work for such and such employer is on the GC beneficiary and not on USCIS. So in future, if USCIS questions (or CBP questions), it is YOU who has to prove that intent.
One scenario where you WILL NOT BE ABLE TO PROVE IT: if you never worked for the sponsoring employer.
One scenario where you WILL NOT HAVE A PROBLEM PROVING IT: if you worked with sponsoring (or latest AC21) employer after GC approval for some duration (60 days?? 90 days?? 6 months?? 1 year??)...no law on this.
This is the whole purpose of Labor Certification process and I140. And it applies to the categories of EB2 (except NIW) and EB3--any category that requires LC.
This is from my discussion in following thread:
http://immigrationvoice.org/forum/sh...ad.php?t=20403
I just put it here so that everyone would not have to try the link and may be this information is useful to someone.
Good Luck.
PD : 2005 Oct. I-485 Still pending :confused:
Hi guys,
...
followup post:
I think there is a mix up here between two things:
180 day clock does start on the first day after filing 485, but that is for the purpose of AC21. Once you use AC21, then the next employer assumes the role of "your future permanent employer" and you should have "intent to permanently work for that(new, not the sponsoring) employer" AT the time of GC approval.
If you use change the employers 7 times using AC21 before your GC gets approved; you should have "intent to work permanently for the latest employer".
You are not bonded slaves. The only issue is that the "burden of proof" of proving the intent to work for such and such employer is on the GC beneficiary and not on USCIS. So in future, if USCIS questions (or CBP questions), it is YOU who has to prove that intent.
One scenario where you WILL NOT BE ABLE TO PROVE IT: if you never worked for the sponsoring employer.
One scenario where you WILL NOT HAVE A PROBLEM PROVING IT: if you worked with sponsoring (or latest AC21) employer after GC approval for some duration (60 days?? 90 days?? 6 months?? 1 year??)...no law on this.
This is the whole purpose of Labor Certification process and I140. And it applies to the categories of EB2 (except NIW) and EB3--any category that requires LC.
This is from my discussion in following thread:
http://immigrationvoice.org/forum/sh...ad.php?t=20403
I just put it here so that everyone would not have to try the link and may be this information is useful to someone.
Good Luck.
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ragz4u
02-27 10:01 AM
He says he is 60 years old today and was a software engineer. There was hardly any software 40 years ago! Plus what about telephone! How many folks had telephone in India 35 years ago!
And a little too melodramatic too. Our lives are not as bad as he portrays it to be!
And a little too melodramatic too. Our lives are not as bad as he portrays it to be!
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ras
03-16 02:19 PM
Employees should be particularly wary of having their adjustment applications handled by the employer�s attorneys. If there is a dispute between the employer and employee, as when the employee terminates employment and moves on, there is an inherent conflict of interest. The attorney may continue to represent both side, but only if the conflict is disclosed and explained, and both sides explicitly consent to waive the conflict.
Similarly, the employer�s attorney must provide the employee with complete copies of everything filed in connection with the employee�s application for adjustment of status. This application is personal to the employee and has nothing to do with the employer. If the employer�s attorney files the employee�s adjustment application, he or she is acting on behalf of the employee and owes the employee a fiduciary duty of loyalty. If the CIS issues a request for evidence (RFE) or notice of intent to deny (NOID), the attorney must act in the best interests of the employee if he or she undertakes to respond.
Unfortunately, many employer attorneys see their first loyalty to the employer and not to the employee. If you are uncomfortable having your employer�s attorney represent you, you have the right to change lawyers and retain someone on your own.
Similarly, the employer�s attorney must provide the employee with complete copies of everything filed in connection with the employee�s application for adjustment of status. This application is personal to the employee and has nothing to do with the employer. If the employer�s attorney files the employee�s adjustment application, he or she is acting on behalf of the employee and owes the employee a fiduciary duty of loyalty. If the CIS issues a request for evidence (RFE) or notice of intent to deny (NOID), the attorney must act in the best interests of the employee if he or she undertakes to respond.
Unfortunately, many employer attorneys see their first loyalty to the employer and not to the employee. If you are uncomfortable having your employer�s attorney represent you, you have the right to change lawyers and retain someone on your own.
krishnam70
02-15 03:34 PM
I didn't send a certified mail but I have a reply to my email saying that they didn't received the statements from the Insurance Company and we can still report those missing wages without a W2 from the company.
Can we use this as a proof of contacting employer requesting for a corrected W2?
Or
Do you still recommend us to send a certified mail? so, first thing Tuesday morning I can do that.
Yes, make sure you give your employer the benefit of doubt by sending the documents via certified mail and acknowledgment received/delivery confirmation.Make sure you mention that you need it amended to file for taxes and will be forced to report otherwise. Follow that up with an email via delivery confirmation option to make sure its been received. If nothing happens from your employer in consultation with your tax consultant file a complaint.
good luck
kris
Do speak to your attorney/tax consultant for a legal opinion
Can we use this as a proof of contacting employer requesting for a corrected W2?
Or
Do you still recommend us to send a certified mail? so, first thing Tuesday morning I can do that.
Yes, make sure you give your employer the benefit of doubt by sending the documents via certified mail and acknowledgment received/delivery confirmation.Make sure you mention that you need it amended to file for taxes and will be forced to report otherwise. Follow that up with an email via delivery confirmation option to make sure its been received. If nothing happens from your employer in consultation with your tax consultant file a complaint.
good luck
kris
Do speak to your attorney/tax consultant for a legal opinion
champu
03-12 07:08 PM
This is how it should be done...
- request USCIS to port your PD from already approved I-140 from past employer
USCIS may or may not do it for you
- if not apply for I-485 using Category of 2nd (should be EB2) and PD from 1st one. You need to attach both of these with I-485 application and of course a covering letter stating what you are doing.
Here is the extract from the law -
QUOTE
(3) Priority Date Based on Earlier Petition.
If an alien is the beneficiary of two (or more) approved employment-based immigrant visa petitions, the priority of the earlier petition may be applied to all subsequently-filed employment-based petitions. For example:
Company A files a labor certification request on behalf of an alien ("Joe") as a janitor on January 10, 2003. The DOL issues the certification on March 20, 2003. Company A later files, and USCIS approves, a relating I-140 visa petition under the EB-3 category. On July 15, 2003, Joe files a second I-140 visa petition in his own behalf as a rocket scientist under the EB-1 category, which USCIS approves. Joe is entitled to use the January 10, 2003, priority date to apply for adjustment under either the EB-1 or the EB-3 classification.
UNQUOTE
Disclaimer -
I am not a lawyer and this is not a legal advise. You may want to talk a immigration attorney for exact interpretation
Now why I suggested you yesterday not to do it -
2nd option - may seem like you would be adjudicated using PD from 1st and Category from 2nd (EB2). But this is what USCIS is telling me know-
we would approve your application if either of these PD gets current in their respective categories.
Kid! you got it now...:rolleyes:
- request USCIS to port your PD from already approved I-140 from past employer
USCIS may or may not do it for you
- if not apply for I-485 using Category of 2nd (should be EB2) and PD from 1st one. You need to attach both of these with I-485 application and of course a covering letter stating what you are doing.
Here is the extract from the law -
QUOTE
(3) Priority Date Based on Earlier Petition.
If an alien is the beneficiary of two (or more) approved employment-based immigrant visa petitions, the priority of the earlier petition may be applied to all subsequently-filed employment-based petitions. For example:
Company A files a labor certification request on behalf of an alien ("Joe") as a janitor on January 10, 2003. The DOL issues the certification on March 20, 2003. Company A later files, and USCIS approves, a relating I-140 visa petition under the EB-3 category. On July 15, 2003, Joe files a second I-140 visa petition in his own behalf as a rocket scientist under the EB-1 category, which USCIS approves. Joe is entitled to use the January 10, 2003, priority date to apply for adjustment under either the EB-1 or the EB-3 classification.
UNQUOTE
Disclaimer -
I am not a lawyer and this is not a legal advise. You may want to talk a immigration attorney for exact interpretation
Now why I suggested you yesterday not to do it -
2nd option - may seem like you would be adjudicated using PD from 1st and Category from 2nd (EB2). But this is what USCIS is telling me know-
we would approve your application if either of these PD gets current in their respective categories.
Kid! you got it now...:rolleyes:
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