ghost
09-21 04:27 PM
Since I did my master's here. I think they filed my case under EB1...I need to re-check. If this is the case then how long does it take. Yes I'm an indian.
EB1, EB2 and EB3 depend NOT on your personal qualifications but on the job requirements, which are:
EB3 - BS or BS+<5 yrs
EB2 - BS+>5 yrs or MS
EB1 - PhD
Find out from your employer or from the job ad that you've been hired for. Good Luck!
EB1, EB2 and EB3 depend NOT on your personal qualifications but on the job requirements, which are:
EB3 - BS or BS+<5 yrs
EB2 - BS+>5 yrs or MS
EB1 - PhD
Find out from your employer or from the job ad that you've been hired for. Good Luck!
wallpaper online world map
virginia_desi
02-13 03:28 PM
PD: October 2, 2002
Country: India
First Labor: EB3 (approved in May 2006)
First I-140 approved: July 2006
Second Labor: EB2 (filed in June 2007 and approved in December 07)
Second I-140: Filed in January 2008 requesting retention of priority date
I-485: Filed in April 2008
Second I-140 approved in August 2008 with incorrect priority date
Contacted AILA in December 2008 because priority date was incorrect on second approved I-140.
USCIS email on February 9.
Country: India
First Labor: EB3 (approved in May 2006)
First I-140 approved: July 2006
Second Labor: EB2 (filed in June 2007 and approved in December 07)
Second I-140: Filed in January 2008 requesting retention of priority date
I-485: Filed in April 2008
Second I-140 approved in August 2008 with incorrect priority date
Contacted AILA in December 2008 because priority date was incorrect on second approved I-140.
USCIS email on February 9.
Caliber
05-08 09:49 AM
I got EAD in 2 weeks from filing to receipt of cards in hand.
USCIS has certainly improved a lot.
USCIS has certainly improved a lot.
2011 World+map+with+countries+
kevinkris
08-16 12:36 PM
Hi All,
My employer filed my I-140 in Texas Service center and I-485/ I-765/ I-131 filed in Nebraska Service center. Is this OK?
When i asked for the reason they are saying they did intentionally. Please clarify.
My employer filed my I-140 in Texas Service center and I-485/ I-765/ I-131 filed in Nebraska Service center. Is this OK?
When i asked for the reason they are saying they did intentionally. Please clarify.
more...
gcisadawg
06-25 11:05 PM
Hi,
I have posted the same issue in another thread but i did not get any response So I'm changing the title and reposting.
I have been working for my current employer from last 4 years.I have good relations with my employer.I have 140 approved and my 485 is pending for more than 180 days.Now I want to join any new employer using my EAD.But I don't want to invoke AC 21.If my dates are current again and if i get any RFE I will submit the offer letter from my old employer.
My case is I'm using EAD after 140 is approved and 485 is pending more than 180 days and joining a new employer.As GC is future employment I can always say that I will join my old employer when ever i get a GC.This way I can avoid AC 21. Also If my employer doesn't give me the offer letter I can still manage to get it from any Consulting firm with same job title and same salary.
Can any one suggest me on this?
Thanks
h12gc
Although you dont realize, in this case, you would be using AC21....Your I-140 is approved and I-485 pending for 180 days, and you are moving from your original GC sponsor to a different employer. That is AC21 for you! The part of law that allows you to port your GC from original GC sponsor to a different employer.
Think of this scenario. You work for Company A on H1/L1. Company B sponsors your GC. You join B after you get your GC. In this case, there is no Ac21 involved. But in your case, according to my understanding, you would be invoking AC21.
Thanks!
I have posted the same issue in another thread but i did not get any response So I'm changing the title and reposting.
I have been working for my current employer from last 4 years.I have good relations with my employer.I have 140 approved and my 485 is pending for more than 180 days.Now I want to join any new employer using my EAD.But I don't want to invoke AC 21.If my dates are current again and if i get any RFE I will submit the offer letter from my old employer.
My case is I'm using EAD after 140 is approved and 485 is pending more than 180 days and joining a new employer.As GC is future employment I can always say that I will join my old employer when ever i get a GC.This way I can avoid AC 21. Also If my employer doesn't give me the offer letter I can still manage to get it from any Consulting firm with same job title and same salary.
Can any one suggest me on this?
Thanks
h12gc
Although you dont realize, in this case, you would be using AC21....Your I-140 is approved and I-485 pending for 180 days, and you are moving from your original GC sponsor to a different employer. That is AC21 for you! The part of law that allows you to port your GC from original GC sponsor to a different employer.
Think of this scenario. You work for Company A on H1/L1. Company B sponsors your GC. You join B after you get your GC. In this case, there is no Ac21 involved. But in your case, according to my understanding, you would be invoking AC21.
Thanks!
horscorp
02-06 07:37 AM
Hello,
My wife has been offered a position by her client, a company which received TARP funding and repaid it. These are her immigration details:
H1b start date: 01-Oct-2004
Perm applied: Jan-2008
Audited Twice: First time because of FRAGOMEN and second time asking for some documents
Perm Status: Pending
Original H1b expiration: 30-Sep-2010
H1B extended because Perm has been pending for more than a year
Current H1b expiration: 30-Sep-2011
I do understand it is better to transfer with an approved I-140 because it allows for porting priority date and 3 year extension of H1 with new company but I am not sure new company can wait that long.
In the current situation, is it possible to transfer H1b and get the validity until 30-Sep-2011? Appreciate your responses.
thanks
My wife has been offered a position by her client, a company which received TARP funding and repaid it. These are her immigration details:
H1b start date: 01-Oct-2004
Perm applied: Jan-2008
Audited Twice: First time because of FRAGOMEN and second time asking for some documents
Perm Status: Pending
Original H1b expiration: 30-Sep-2010
H1B extended because Perm has been pending for more than a year
Current H1b expiration: 30-Sep-2011
I do understand it is better to transfer with an approved I-140 because it allows for porting priority date and 3 year extension of H1 with new company but I am not sure new company can wait that long.
In the current situation, is it possible to transfer H1b and get the validity until 30-Sep-2011? Appreciate your responses.
thanks
more...
crystal
11-16 01:13 PM
They said the same to my undelivered AP that they never received it. But they sent AP back to my lawyer along with my undelivered notice . My lawyer got it after 45 days from the day USCIS said it is initally mailed.
I applied for my EAD in July 2007, got it approved Oct 2007, mailed to me but I NEVER received it.
Today I called USCIS and it says that since it is not "returned to them as undeliverable", they CAN NOT do anything . I will need to APPLY for it again??
Please Help since I dont know what to do as I was expecting the EAD card to start a new job.
Thanks in advance
I applied for my EAD in July 2007, got it approved Oct 2007, mailed to me but I NEVER received it.
Today I called USCIS and it says that since it is not "returned to them as undeliverable", they CAN NOT do anything . I will need to APPLY for it again??
Please Help since I dont know what to do as I was expecting the EAD card to start a new job.
Thanks in advance
2010 world map with countries and
morchu
05-12 07:17 PM
Dont worry. With proper documentation you can prove that you dont have an immigration intent NOW. What matters is the immigration intent NOW.
Logically NOT filing 485 and LEAVING US for a lengthier period of time itself is a hint towards non-immigration intent. (I agree that USCIS might not always follow the logic).
Obviously you need to show about your strong ties in home country and why you might want to come back.
But the consulate can come-up with their own decision, since "intent" is something which can never be proved 100% . And the officers at consulate are instructed to consider every visa applicant as a possible immigrant.
Thanks a lot for the response Glus. So if I understand right, my chances of getting a non immigrant Visa (F1/B1/Visitor) is forever impaired because I decided to ditch US and leave for my home country once upon a time?
In other words, I can never step back into the US?
Logically NOT filing 485 and LEAVING US for a lengthier period of time itself is a hint towards non-immigration intent. (I agree that USCIS might not always follow the logic).
Obviously you need to show about your strong ties in home country and why you might want to come back.
But the consulate can come-up with their own decision, since "intent" is something which can never be proved 100% . And the officers at consulate are instructed to consider every visa applicant as a possible immigrant.
Thanks a lot for the response Glus. So if I understand right, my chances of getting a non immigrant Visa (F1/B1/Visitor) is forever impaired because I decided to ditch US and leave for my home country once upon a time?
In other words, I can never step back into the US?
more...
snthampi
09-21 08:37 PM
I think that if he is arrested and deported, at least we have one visa number freeing up!
You are a horrible person.
You are a horrible person.
hair the world map labeled with
kevinkris
08-16 02:33 PM
I think its ok. I am in the same boat. But the applicaiton will be transfered to TSC.
Not sure how long it will take.
If it has to be transferred Texas why my employer did this * intentionally * to Nebraska :mad:
huh.. hopefully it will not delay my receipt date. I am planning to travel abroad and waiting for the 485 receipt notice..
Thanks for your answers. Really appreciated :)
Not sure how long it will take.
If it has to be transferred Texas why my employer did this * intentionally * to Nebraska :mad:
huh.. hopefully it will not delay my receipt date. I am planning to travel abroad and waiting for the 485 receipt notice..
Thanks for your answers. Really appreciated :)
more...
permfiling
08-13 05:47 PM
permfiling,
A lot folks want to use AC21 but lawyers suggest not actually filing AC21.
So if I take the AC21 approach, but not file AC21 itself (I know this sounds a bit off kilter) wouldn't I be just fine (assuming of course job profiles from Company A & B are a comparable)?
I believe this is the tack Company B lawyer is suggesting.
Here's something I read on another lawyers website w.r.t. AC21:
1. Since GC is for future job you can use AC21 with a new employer if job profile is same. You do not ever, in past/present or future, have to work for the sponsor company.
2. AC21 notification to USCIS is not a MUST requirement. There is an 'expectation' that USCIS will be informed.
Thanks,
I think you can give a shot as USCIS officer will be smart enough to deduce in the first place that the previous I-140 was not withdrawn
2. Title indicates same job
3. Since they have access to all the H1-b filings and PERM, Officer can easily look up your info,
I think you can go ahead and file the 485 but dont explicitly mention AC21.
I hope we all in the same boat should try out and see ..
A lot folks want to use AC21 but lawyers suggest not actually filing AC21.
So if I take the AC21 approach, but not file AC21 itself (I know this sounds a bit off kilter) wouldn't I be just fine (assuming of course job profiles from Company A & B are a comparable)?
I believe this is the tack Company B lawyer is suggesting.
Here's something I read on another lawyers website w.r.t. AC21:
1. Since GC is for future job you can use AC21 with a new employer if job profile is same. You do not ever, in past/present or future, have to work for the sponsor company.
2. AC21 notification to USCIS is not a MUST requirement. There is an 'expectation' that USCIS will be informed.
Thanks,
I think you can give a shot as USCIS officer will be smart enough to deduce in the first place that the previous I-140 was not withdrawn
2. Title indicates same job
3. Since they have access to all the H1-b filings and PERM, Officer can easily look up your info,
I think you can go ahead and file the 485 but dont explicitly mention AC21.
I hope we all in the same boat should try out and see ..
hot World Map Labelled Countries.
anilsal
12-19 10:41 AM
I think the Sen.Cornyn's staff do not mind when we call. They like people that support their bill. We have to call just to maintain the momentum.
Sen.'s office in DC
517 Hart Senate Office Bldg.
Washington, DC 20510
Tel: 202-224-2934
Fax: 202-228-2856
Sen.'s office in DC
517 Hart Senate Office Bldg.
Washington, DC 20510
Tel: 202-224-2934
Fax: 202-228-2856
more...
house World Map Labelled Countries.
copsmart
12-28 06:34 PM
I think, you should check with an Immigration Attorney before you risk your wife�s multiple entry Visitor Visa.
My take:
AFAIK, staying beyond the I-94 expiration date will abandon her Visitor Visa, and she could be denied entry next time.
In your wife�s case, you have applied for a change-of-status, however a decision has not yet been made, so she should leave the country before the I-94 expiration date and come back later after the F1 is approved. But, leaving the country while the change-of-status application is pending might cancel the change-of-status application, and not the underlying F1 application. So, your wife may have to get a F1 visa stamping abroad to come back later.
The above said information is purely based on my knowledge and may vary from an Attorney�s view.
Good Luck!
My take:
AFAIK, staying beyond the I-94 expiration date will abandon her Visitor Visa, and she could be denied entry next time.
In your wife�s case, you have applied for a change-of-status, however a decision has not yet been made, so she should leave the country before the I-94 expiration date and come back later after the F1 is approved. But, leaving the country while the change-of-status application is pending might cancel the change-of-status application, and not the underlying F1 application. So, your wife may have to get a F1 visa stamping abroad to come back later.
The above said information is purely based on my knowledge and may vary from an Attorney�s view.
Good Luck!
tattoo map labeled countries; world
lostinbeta
09-10 12:01 PM
Sounds pretty "nifty":nerd:
more...
pictures the world map labeled with
humdesi
05-31 10:37 PM
In this case the guy is a software engineer. The consulting company is willing to show that he is a manager.
dresses world labeled zone map of
Lasantha
07-05 10:45 AM
Hey Gurus,
What are the chances for ROW-EB2 to go backlog in OCT 2007. My wife's employer is filing for the LABOR this month. We are keeping our finger's crossed that it will be current in OCT this year.
What do you guys think about that? Thanks.
I am no guru BUT ....
It was current for more than the past two years, wasn't it. I think it is highly unlikely that it will be backlogged. If if it will, it could be by a very short period, 6 months maybe. This is what I think.
What do you think about EB3 ROW ?
What are the chances for ROW-EB2 to go backlog in OCT 2007. My wife's employer is filing for the LABOR this month. We are keeping our finger's crossed that it will be current in OCT this year.
What do you guys think about that? Thanks.
I am no guru BUT ....
It was current for more than the past two years, wasn't it. I think it is highly unlikely that it will be backlogged. If if it will, it could be by a very short period, 6 months maybe. This is what I think.
What do you think about EB3 ROW ?
more...
makeup world map labeled withapr
gg_ny
09-24 08:54 PM
I know this is not the original question asked, but I have heard that bad driving record surely does affect your green card processing!
Any criminal activity that pertains to driving would show up but the screening excludes traffic violations (parking, speeding, lane rule breaking, and other moving violations). In some states repeated rule breaking leads to criminal record, may be you have heard in that context. DUI, hit and run, not stopping for accidents, damage to public or private property and not reporting it etc. are also bad driving practices (if one survive any of them ;-)) and might lead to
criminal records and get flagged.
Any criminal activity that pertains to driving would show up but the screening excludes traffic violations (parking, speeding, lane rule breaking, and other moving violations). In some states repeated rule breaking leads to criminal record, may be you have heard in that context. DUI, hit and run, not stopping for accidents, damage to public or private property and not reporting it etc. are also bad driving practices (if one survive any of them ;-)) and might lead to
criminal records and get flagged.
girlfriend map of world labeled countries
IVLageRaho
09-23 04:40 PM
Hello,
We were current in the July bulletin (PD Dec 04, EB3 India) but did not apply for AP along with 485. I sent the AP application on Aug 16, after over-the-phone assurances from USCIS that I can apply with old fees as long as the application is post marked before Aug 17.
The application was not delivered for some reason on the 17, although I sent next-day express, but on the 20th. The application was returned citing incorrect fees.
I read in a thread on IV that such cases can be addressed to a specific officer, with clear instructions to the mailroom that they should not open/process the application. But inspite of a long search, I could not find that thread again.
Could someone please point me to the correct thread, or to any information about this exceptional process ? Can I speak directly to this officer ?
Thanks for your help.
I also my filed my 765 and 131(AP) on 15th August and they received it on 16th August. My 485 filed by attorny on 12 th July. I my slef applied EAD & 131.
on 12th Sep uscis refused my file 765 & 131 and sent it to me to my home address as I filed it.
on the same day I type a covering letter in think blue color paper - mentioning .
ATTN: CRU Supervisor - Case Improperly Rejected for Fees.
And I explained in the covering letter the amount of the fees paid and the date the case was received.
When you recieve your file back there should be fedex receipt with the file . don't tocuh any thing just add the cover letter - put the refused papers in one envelop and after you sealed the envlop - attach the covering letter on the envolop put them together in fedex cover and send it again.
I have sent my package on 12th evening it self on the same day when I received it. with over night option that has been received by the uscis on 13th Sep and - I got the receipt notices on 21st - the receipt date they mentioned on the receipt is 13th July, which is actuly receipt date for 485.
Best of luck
See the question number three answer by murthy -
http://www.murthy.com/news/n_faqrec.html
We were current in the July bulletin (PD Dec 04, EB3 India) but did not apply for AP along with 485. I sent the AP application on Aug 16, after over-the-phone assurances from USCIS that I can apply with old fees as long as the application is post marked before Aug 17.
The application was not delivered for some reason on the 17, although I sent next-day express, but on the 20th. The application was returned citing incorrect fees.
I read in a thread on IV that such cases can be addressed to a specific officer, with clear instructions to the mailroom that they should not open/process the application. But inspite of a long search, I could not find that thread again.
Could someone please point me to the correct thread, or to any information about this exceptional process ? Can I speak directly to this officer ?
Thanks for your help.
I also my filed my 765 and 131(AP) on 15th August and they received it on 16th August. My 485 filed by attorny on 12 th July. I my slef applied EAD & 131.
on 12th Sep uscis refused my file 765 & 131 and sent it to me to my home address as I filed it.
on the same day I type a covering letter in think blue color paper - mentioning .
ATTN: CRU Supervisor - Case Improperly Rejected for Fees.
And I explained in the covering letter the amount of the fees paid and the date the case was received.
When you recieve your file back there should be fedex receipt with the file . don't tocuh any thing just add the cover letter - put the refused papers in one envelop and after you sealed the envlop - attach the covering letter on the envolop put them together in fedex cover and send it again.
I have sent my package on 12th evening it self on the same day when I received it. with over night option that has been received by the uscis on 13th Sep and - I got the receipt notices on 21st - the receipt date they mentioned on the receipt is 13th July, which is actuly receipt date for 485.
Best of luck
See the question number three answer by murthy -
http://www.murthy.com/news/n_faqrec.html
hairstyles printable world map with
fatjoe
03-18 09:44 AM
I was trying to find the what is invloved in "Preliminary Processing" and this is what I found at
http://www.uscis.gov/propub/ProPubVAP.jsp?dockey=2ab34436fb933cfd72e8fe53f9aa0 e3c
(f) Preliminary Processing : The evidence supplied with the application is first reviewed by an officer at the National Benefits Center (NBC) to establish that the applicant meets the basic qualifying criteria to apply: he or she is an eligible alien, and he or she is not statutorily ineligible due to a felony conviction or convictions of three or more misdemeanors. If the applicant passes the preliminary processing at NBC, the application is forwarded to the District Office with jurisdiction over the applicant�s residence for an int erview and adjudication of the remaining eligibility requirements (e.g., continuous residence, physical presence, admissibility, citizenship skills, etc.). If more than one A-file exists for an applicant, files should be consolidated prior to forwarding. If filed by the applicant, EAD and advance parole requests may be processed after such applicant passes the preliminary processing. If the applicant lacks sufficient evidence to pass the preliminary processing, a Notice of Intent to Deny should be issued.
I am bit confused about the sentence in bold, so does it mean that the person is legally eligible for green card, though he has a record of felony or more than 3 mis-demeanors. My husband has one misdemeanor dur to DUI and his court disposition says "Impaired Driving". So are we to take a lawyer when we go for the interview?
http://www.uscis.gov/propub/ProPubVAP.jsp?dockey=2ab34436fb933cfd72e8fe53f9aa0 e3c
(f) Preliminary Processing : The evidence supplied with the application is first reviewed by an officer at the National Benefits Center (NBC) to establish that the applicant meets the basic qualifying criteria to apply: he or she is an eligible alien, and he or she is not statutorily ineligible due to a felony conviction or convictions of three or more misdemeanors. If the applicant passes the preliminary processing at NBC, the application is forwarded to the District Office with jurisdiction over the applicant�s residence for an int erview and adjudication of the remaining eligibility requirements (e.g., continuous residence, physical presence, admissibility, citizenship skills, etc.). If more than one A-file exists for an applicant, files should be consolidated prior to forwarding. If filed by the applicant, EAD and advance parole requests may be processed after such applicant passes the preliminary processing. If the applicant lacks sufficient evidence to pass the preliminary processing, a Notice of Intent to Deny should be issued.
I am bit confused about the sentence in bold, so does it mean that the person is legally eligible for green card, though he has a record of felony or more than 3 mis-demeanors. My husband has one misdemeanor dur to DUI and his court disposition says "Impaired Driving". So are we to take a lawyer when we go for the interview?
gotgc?
11-19 12:41 PM
Hi All,
My wife entered US on H4 Visa. Her H4 is valid until Oct 2009. Last year, she got her EAD and started working on EAD. If she has to travel out of the country and come back, can she do it on H4 until 2009 or will she need an AP now that she has used her EAD..
Could anyone please share..Apologies if this is a repeat. Could not find any info on the forums.
Same situation for us in May 2008 when we travelled to Canada...my wife was on H4; then started working on EAD. We had APs as well. But, we also had a valid visa stamping in our passport until May 2009. My lawyer told us that either is ok. But, asked us to use H1B/H4 and we did that. Use of EAD does not mandate H4 person to give up that status. But use of EAD mandates H1 person to give up that status. Since I am still on H1, we used H-1B/H-4. Even, when we applied for our AP/EAD renewals we mentioned that last manner of entry as H1/H4. If you are on EAD, then you have to use AP.
My wife entered US on H4 Visa. Her H4 is valid until Oct 2009. Last year, she got her EAD and started working on EAD. If she has to travel out of the country and come back, can she do it on H4 until 2009 or will she need an AP now that she has used her EAD..
Could anyone please share..Apologies if this is a repeat. Could not find any info on the forums.
Same situation for us in May 2008 when we travelled to Canada...my wife was on H4; then started working on EAD. We had APs as well. But, we also had a valid visa stamping in our passport until May 2009. My lawyer told us that either is ok. But, asked us to use H1B/H4 and we did that. Use of EAD does not mandate H4 person to give up that status. But use of EAD mandates H1 person to give up that status. Since I am still on H1, we used H-1B/H-4. Even, when we applied for our AP/EAD renewals we mentioned that last manner of entry as H1/H4. If you are on EAD, then you have to use AP.
cybergold
04-28 05:29 PM
How is that possible?? http://www.freewebz.com/cybergold My picture is in there, is there any way to make it a hyperlink?
Nenhum comentário:
Postar um comentário