Lasantha
04-15 09:00 PM
Congratulations !!! I am very happy for you!
Hi folks,
Just got back from UK on Friday after a month of family time, medicals and our embassy interview! Wanted to let you all know that we were approved and happily back in the US!!
Congrats on the latest admin wins and movements in campaigns/projects. I wanted to say a huge thank you but not farewell to the many kind folks who kept my spirits high in the short time I have been with IV:
abhijitp, needhelp, digital2k, paskal, gsc999, waiting4gc, pappu, chanduv23, santb1975, nolaindian32, walking dude, ja1hind, logiclife and many more. All of you rock and America is very lucky to have such genuine and brilliant people like you. I wish you the very best for your own journey.
I will be around for sure, just have to concentrate on securing some work and life for a bit, finally!
my best :)
Hi folks,
Just got back from UK on Friday after a month of family time, medicals and our embassy interview! Wanted to let you all know that we were approved and happily back in the US!!
Congrats on the latest admin wins and movements in campaigns/projects. I wanted to say a huge thank you but not farewell to the many kind folks who kept my spirits high in the short time I have been with IV:
abhijitp, needhelp, digital2k, paskal, gsc999, waiting4gc, pappu, chanduv23, santb1975, nolaindian32, walking dude, ja1hind, logiclife and many more. All of you rock and America is very lucky to have such genuine and brilliant people like you. I wish you the very best for your own journey.
I will be around for sure, just have to concentrate on securing some work and life for a bit, finally!
my best :)
wallpaper Hummer H2 Convertible in Abu
slc_ut
05-28 07:31 PM
hi, thanks for info. But one more question. Yes, now and then a date in Oct' 2006 is showing up. But, it will take time to fill all the forms after i proceed. What are the chances that i will get that date when other people are competing in real-time? Please post a reply.
funny
09-16 02:54 PM
Keep those phone lines busy..
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gc_check
10-07 05:32 PM
Got an email from HR (Large US Based Tech company) sometime back that there is a possibility representative of the USCIS may come to work location to review an employees immigration petition and this appears to be part of USCIS standard procedure. Employees have been provided with HR contact details to contact, if it happens for anyone. This is not unusual and this could very well happen to any one. Just a routine procedure. Nothing to worry much on this as long as you provide the details and if you have not violated any laws, etc..
more...
desi3933
02-21 08:29 AM
......
My concern is (1) that when the time comes to adjudicate his 485, someone might look back and say err, ten years ago there was a problem... I hope it won't happen, but I just want to be safe and my understanding is that returning with a stamped H4 would cure this and (2) that if we decide to go for the stamping, whether someone in the embassy would dig up the records and cause us problems.
Thanks for the insight.
For employment based I-485, out of status is looked only since last entry into US on visa. Even then out-of-status (since last entry) for upto 180 days is forgiven as per section 245(k).
Here is my old post dated 09/09/2008 on this topic
http://immigrationvoice.org/forum/forum5-all-other-green-card-issues/21386-ead-status-when-ead-renewal-delayed.html#post286704
.....
Section 245(k) allows adjustment of status if person is out of status for less than 180 calendar days since last legal entry into the US. Entering US on AP does NOT count as legal entry.
.....
And, my last point, out of status rule applies ONLY to applicants 17 years or older. so your son is ok.
In short, aal izz well.
_______________________
Not a legal advice.
US citizen of Indian origin
My concern is (1) that when the time comes to adjudicate his 485, someone might look back and say err, ten years ago there was a problem... I hope it won't happen, but I just want to be safe and my understanding is that returning with a stamped H4 would cure this and (2) that if we decide to go for the stamping, whether someone in the embassy would dig up the records and cause us problems.
Thanks for the insight.
For employment based I-485, out of status is looked only since last entry into US on visa. Even then out-of-status (since last entry) for upto 180 days is forgiven as per section 245(k).
Here is my old post dated 09/09/2008 on this topic
http://immigrationvoice.org/forum/forum5-all-other-green-card-issues/21386-ead-status-when-ead-renewal-delayed.html#post286704
.....
Section 245(k) allows adjustment of status if person is out of status for less than 180 calendar days since last legal entry into the US. Entering US on AP does NOT count as legal entry.
.....
And, my last point, out of status rule applies ONLY to applicants 17 years or older. so your son is ok.
In short, aal izz well.
_______________________
Not a legal advice.
US citizen of Indian origin
katrina
06-09 02:33 PM
Guys,
I have approved EB3 LC and approved I 140 with PD JAN 2002. My wife has approved EB2 LC (Perm) and Approved I 140 with PD JAN 2006
As we represent one family can't my wife use my PD and apply I 485 under EB2.
for example If husband is born in a retrogressed country and wife in a non retrogressed country in that case, husband gets a free ride !
Why not in this case ? Just curious !
If your wife is from nonretrogress country which allow her to submit I485 it will be better for you to go with her case (don't have to worry about PD) since it will be current for EB2.
Once she get her greencard approved you will automatically get yours as well.
but as always this is just my opinion everything has still need to be consult with your lawyer.
I have approved EB3 LC and approved I 140 with PD JAN 2002. My wife has approved EB2 LC (Perm) and Approved I 140 with PD JAN 2006
As we represent one family can't my wife use my PD and apply I 485 under EB2.
for example If husband is born in a retrogressed country and wife in a non retrogressed country in that case, husband gets a free ride !
Why not in this case ? Just curious !
If your wife is from nonretrogress country which allow her to submit I485 it will be better for you to go with her case (don't have to worry about PD) since it will be current for EB2.
Once she get her greencard approved you will automatically get yours as well.
but as always this is just my opinion everything has still need to be consult with your lawyer.
more...
PHANI_TAVVALA
12-02 08:06 AM
Hello Guys, I am in dilemma about applying for my greencard. I cam to U.S in 1999 ON F-1 and later converted to H1B after working on CPT and OPT. My 6th year is going to end Spet 30th 2009. I have never been too inclined about settling over in U.S and I didn't care to apply for my Greencard. I am in the process of completing my part-time M.B.A and would like to extend my stay by another year or 2 (that is end of 2010 or 2011).
My question is: I have all my papers ready to be submitted to my lawyer to apply for labor certification. But considering that it will take 3-4 months for advertisement and other stuff and probably another 3 months or more for getting labor cleared, I am wondering if I will be able to apply for I-140 and therby H1B 7th year extension. Have I runt out of time? Should I even apply for my labor or just convert to F-1 and wrap up my studies before returning back? I will greatly appreciate your suggestions.
My question is: I have all my papers ready to be submitted to my lawyer to apply for labor certification. But considering that it will take 3-4 months for advertisement and other stuff and probably another 3 months or more for getting labor cleared, I am wondering if I will be able to apply for I-140 and therby H1B 7th year extension. Have I runt out of time? Should I even apply for my labor or just convert to F-1 and wrap up my studies before returning back? I will greatly appreciate your suggestions.
2010 hummer h2 2011.
alterego
10-19 08:15 PM
Buy only if you have a time horizon of over 5 yrs now. Preferably 10 yrs.
If you are in the enviable position of having a lot of cash or a big income ie cash flow. Then buy in steps every few months over the next 12-18 months, depending on when you see the recovery coming. Generally stocks predate the economy by 6 months and vice versa.
Here is my guess. This recession will be deeper and longer than other recent ones. I'm thinking recovery by 2010 at best here. So, I'm guessing the stocks markets will languish here or hereabouts for atleast a few months. If the credit markets improve, you might see a relief rally of 20% or so, but when the economic reality of deleveraging sets in, a pull back is likely. So much of 2009 will likely be ripe with long term investment opportunities.
The recovery will be more anemic than previous credit driven expansions as credit will almost certainly be more difficult to obtain going forward. So forget the days of 20 plus percent stocks gains, if you're making 10% you are making a killing going forward. If doubling or slightly better for your money in 10 yrs sounds like a good deal to you, that is the kind of deal you can probably expect and should go ahead and invest. If you feel you can do better elsewhere, buy that. We will see virtually no home price appreciation for the next 5 yrs, and perhaps a little longer. The concept of real estate as an investment is now out of vogue and will be so for some time, that along with tougher credit, and an inventory overhang will flatten any price appreciation anytime soon.
Taxes will almost certainly go up in some way or the other and future earnings power will probably erode in the coming decade. From the immigrant community perspective the best we can hope for is that the US decides to use the tax code to encourage savings by switching to a consumption tax and encourage savings and investments. It remains to be seen what approach they will take to taxes. In my view to purely tax the rich will not be as successful (though it will almost certainly be part of the mix of measures) as a more comprehensive and thoughtful overhaul.
Good luck!
If you are in the enviable position of having a lot of cash or a big income ie cash flow. Then buy in steps every few months over the next 12-18 months, depending on when you see the recovery coming. Generally stocks predate the economy by 6 months and vice versa.
Here is my guess. This recession will be deeper and longer than other recent ones. I'm thinking recovery by 2010 at best here. So, I'm guessing the stocks markets will languish here or hereabouts for atleast a few months. If the credit markets improve, you might see a relief rally of 20% or so, but when the economic reality of deleveraging sets in, a pull back is likely. So much of 2009 will likely be ripe with long term investment opportunities.
The recovery will be more anemic than previous credit driven expansions as credit will almost certainly be more difficult to obtain going forward. So forget the days of 20 plus percent stocks gains, if you're making 10% you are making a killing going forward. If doubling or slightly better for your money in 10 yrs sounds like a good deal to you, that is the kind of deal you can probably expect and should go ahead and invest. If you feel you can do better elsewhere, buy that. We will see virtually no home price appreciation for the next 5 yrs, and perhaps a little longer. The concept of real estate as an investment is now out of vogue and will be so for some time, that along with tougher credit, and an inventory overhang will flatten any price appreciation anytime soon.
Taxes will almost certainly go up in some way or the other and future earnings power will probably erode in the coming decade. From the immigrant community perspective the best we can hope for is that the US decides to use the tax code to encourage savings by switching to a consumption tax and encourage savings and investments. It remains to be seen what approach they will take to taxes. In my view to purely tax the rich will not be as successful (though it will almost certainly be part of the mix of measures) as a more comprehensive and thoughtful overhaul.
Good luck!
more...
nousername
04-07 01:12 PM
What the hell.. Can someone please explain this in plain English?
AAO Decision on Substituted Labor Certifications (http://www.cilawgroup.com/news/2010/04/03/aao-decision-on-substituted-labor-certifications/)
AAO Decision on Substituted Labor Certifications (http://www.cilawgroup.com/news/2010/04/03/aao-decision-on-substituted-labor-certifications/)
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daishwarya
07-20 03:03 PM
@Sanjay, sent you a private message. Please check.
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PMisYMMV
09-03 01:13 PM
I just called USCIS and confirmed with TSC and 2nd level customer service center that my case is approved on monday 09/01/09 SLUD date even though i have not recieved email for same.. Thank you all and good luck.
How did you do that? can you please provide info?
The phone number to call and would they need any information from me?
How did you do that? can you please provide info?
The phone number to call and would they need any information from me?
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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...
house Hummer H2 2010
fromnaija
07-20 04:59 PM
I'll be checking the source of this. I'll be glad if you could point me in the right direction. Thanks.
However, this does not apply to the first poster (juz4forums). But it does answer the question of the second poster(immiguy).
Suject to certain conditions, children born abroad to permanent resident mothers are permanent residents. The requirements are that such a child must be brought to the U.S. on the mother's first return trip, and this trip must occur before the child is two years of age. I think, the child in this situation does not need a visa. Please check with your lawyer.
The necessary paperwork is processed at the port of entry, based on the mother's permanent resident status and birth certificate for the child.
____________________
Not a legal advice.
However, this does not apply to the first poster (juz4forums). But it does answer the question of the second poster(immiguy).
Suject to certain conditions, children born abroad to permanent resident mothers are permanent residents. The requirements are that such a child must be brought to the U.S. on the mother's first return trip, and this trip must occur before the child is two years of age. I think, the child in this situation does not need a visa. Please check with your lawyer.
The necessary paperwork is processed at the port of entry, based on the mother's permanent resident status and birth certificate for the child.
____________________
Not a legal advice.
tattoo 2011 New Hummer H2
krishnam70
11-20 03:48 PM
Hi all,
Here is my story. In December 2004 i went to India and i came back on the same month. At the PortOfEntry(POE), the Officer given I-94 based on the my the Visa of my previous company which is valid upto Jan 1, 2006.
But i had already have approved H1B which is valid upto Jan 21, 2007. At that time, i didn't know it is a problem based on LastActionRule. When the time to file for my H1B extension(basically 7th Year) in the month of November 2006, my attorney find that i am technically out of status because of my I-94 is overriden by PortOfEntry eventhough i had H1B Approval with I-94. My Attorney explained about mistake by POE to USCIS when we filed my H1B extension and the USCIS approved my extension for 1 year from Jan22, 2007 to Mar30, 2008 because my Labor is pending. Recently this march my H1B extended to 3 more years based on I-140 approval.
My question is if i will to India for vacation this November is there any problem in the port of entry. I haven't travelled since Dec,2004. I am going to use AdvanceParole(AP) on this vacation. Eventhough my attorney says there is no problem to go to India because we got two H1B approvals after the I-94 problem, but i am not 100% confident because at the POE they may create a problem. Can anybody please tell if u had same or similar problem and successfully travelled in and out of USA.
Are you using EAD to work or still using H1? If you are using H1 and it is valid the IO at POE will admit you in the non-immigrant status not as a Parolee. This is based on experience and a question I asked the IO when I tried to enter the US using AP even though I had valid H1 stamp in my passport and a valid 797. He mentioned that as a rule they will admit the candidate in non-immigrant status if the candidate is actually working on a non-immigrant visa. If you were are using your EAD and show documentation then they will admit you using AP.
-good luck
kris
Here is my story. In December 2004 i went to India and i came back on the same month. At the PortOfEntry(POE), the Officer given I-94 based on the my the Visa of my previous company which is valid upto Jan 1, 2006.
But i had already have approved H1B which is valid upto Jan 21, 2007. At that time, i didn't know it is a problem based on LastActionRule. When the time to file for my H1B extension(basically 7th Year) in the month of November 2006, my attorney find that i am technically out of status because of my I-94 is overriden by PortOfEntry eventhough i had H1B Approval with I-94. My Attorney explained about mistake by POE to USCIS when we filed my H1B extension and the USCIS approved my extension for 1 year from Jan22, 2007 to Mar30, 2008 because my Labor is pending. Recently this march my H1B extended to 3 more years based on I-140 approval.
My question is if i will to India for vacation this November is there any problem in the port of entry. I haven't travelled since Dec,2004. I am going to use AdvanceParole(AP) on this vacation. Eventhough my attorney says there is no problem to go to India because we got two H1B approvals after the I-94 problem, but i am not 100% confident because at the POE they may create a problem. Can anybody please tell if u had same or similar problem and successfully travelled in and out of USA.
Are you using EAD to work or still using H1? If you are using H1 and it is valid the IO at POE will admit you in the non-immigrant status not as a Parolee. This is based on experience and a question I asked the IO when I tried to enter the US using AP even though I had valid H1 stamp in my passport and a valid 797. He mentioned that as a rule they will admit the candidate in non-immigrant status if the candidate is actually working on a non-immigrant visa. If you were are using your EAD and show documentation then they will admit you using AP.
-good luck
kris
more...
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kaisersose
05-22 12:01 PM
I think it would be best if they allow us to apply for 485 regardless of priority date once 140 is approved .
I think the chances of that happening are very slim.
The general opinion is, EAD + AP is really not very different from the green card, especially after the introduction of AC21. This is why there is a "qualifying factor" for 485 applications - the PD should be current to just get into the queue.
Allowing 485 applications when PDs are not current is dangerously close in effect to removing the GC Quota and for this reason, it is unlikely to happen.
I think the chances of that happening are very slim.
The general opinion is, EAD + AP is really not very different from the green card, especially after the introduction of AC21. This is why there is a "qualifying factor" for 485 applications - the PD should be current to just get into the queue.
Allowing 485 applications when PDs are not current is dangerously close in effect to removing the GC Quota and for this reason, it is unlikely to happen.
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485Mbe4001
05-14 07:09 PM
Thanks guys for all the hard work and continuing efforts.
When i started jumping up and down, my lawyers gently reminded me that my PD will be current on June 1 and not as of today :p
When i started jumping up and down, my lawyers gently reminded me that my PD will be current on June 1 and not as of today :p
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honge_kamyaab
11-30 09:24 AM
Remember I-140 is owned by your employer. If you quit the job your greencard process will start from PERM again with your new employer.
Portability applys six months after filing I-485.
Hope that helps.
Portability applys six months after filing I-485.
Hope that helps.
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rongha_2000
10-02 11:07 AM
I have briefly searched the forums and could not find a related post hence starting a new thread. If the answer already is on any other post, please point me to it and delete this thread.
***********
Question: I am on H1 and, my wife and daughter are on H4. I have applied for EAD for both me and my wife and AP for all 3 of us. My question is "Do I need to maintain my H1 status so that my daughter can stay in US?" If I (and my wife too) switch to EAD, what status will my daughter be in? As I understand "Pending Adjustment" is not a status so how can my daughter stay in US legally if I switch to EAD.
Any response is highly appreciated.
***********
Question: I am on H1 and, my wife and daughter are on H4. I have applied for EAD for both me and my wife and AP for all 3 of us. My question is "Do I need to maintain my H1 status so that my daughter can stay in US?" If I (and my wife too) switch to EAD, what status will my daughter be in? As I understand "Pending Adjustment" is not a status so how can my daughter stay in US legally if I switch to EAD.
Any response is highly appreciated.
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suren26
07-24 12:54 PM
My LAWYER is saying the same that i am leagal till FEB 2010(compelting 6 yrs). He is asking me to renew the H1B for 1 year based on I140 appeal. and apply for new LC & and I140 based on that and if it gets approved then rebew H1B for 3 yrs based in new approved I140.
But some threads are saying that if you I485 gets denied then you have to reinstate the H1B, Is that true?
But some threads are saying that if you I485 gets denied then you have to reinstate the H1B, Is that true?
NKR
04-21 03:07 PM
H1b does not exactly make one work "freely" in the US. Certainly not, if the employer is processing your GC as you are pretty much stuck with him.
Only L-1A allows faster GC processing as it does not require Labor and PDs are usually current. L-1B has no such short-cuts and is also plagued by the problem that it is valid only for 5 years. So if you cannot get into a 485 stage within those 5 years, then you are in trouble. On the other hand, a H-1b can be extended indefinitely once you cross a certain point in your GC processing.
So evaluate your options.
If you cannot renew L1, you can go back and work offshore. Remember that GC application is valid even if you are not in country and the process would continue (because GC is for future employment). This option is not bad when the company that sent you on L1 treats you well and you do not want to leave the company. Working at home while your GC is in process appeals to many who want a break from this lengthy and back breaking process.
Only L-1A allows faster GC processing as it does not require Labor and PDs are usually current. L-1B has no such short-cuts and is also plagued by the problem that it is valid only for 5 years. So if you cannot get into a 485 stage within those 5 years, then you are in trouble. On the other hand, a H-1b can be extended indefinitely once you cross a certain point in your GC processing.
So evaluate your options.
If you cannot renew L1, you can go back and work offshore. Remember that GC application is valid even if you are not in country and the process would continue (because GC is for future employment). This option is not bad when the company that sent you on L1 treats you well and you do not want to leave the company. Working at home while your GC is in process appeals to many who want a break from this lengthy and back breaking process.
Be_Pragmatic
06-20 12:57 PM
Guys: I have invoked my AC21 and am a consultant PM though my LC mentions "Programmer/Analyst". I came to this country because it is a land of opportunity and have been in the US for over 9 years now. I can't let this stupid AC21 provisions of "Same or Similar occupation" scepter of fear stop me from moving forward.
I'm also looking for a Full-time job as a Manager and if I get it I intend on taking it in a heart-beat without worrying about the consequences. Hey, it's not like I'm doing something illegal but merely exercising my due growth in my career. So, I'm moving on and if something bad were to happen like a NOID or a RFE, I'm ready to pack my bags back home with a satisfaction that I was atleast in the driver's seat.
My 2 cents but please do what is right for you.
I'm also looking for a Full-time job as a Manager and if I get it I intend on taking it in a heart-beat without worrying about the consequences. Hey, it's not like I'm doing something illegal but merely exercising my due growth in my career. So, I'm moving on and if something bad were to happen like a NOID or a RFE, I'm ready to pack my bags back home with a satisfaction that I was atleast in the driver's seat.
My 2 cents but please do what is right for you.
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