BharatPremi
04-16 04:34 PM
What is an "MTR"?
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hanu0913
10-08 02:05 PM
If the GC is approved prior to your marriage and if your spouse is here, you are golden. You simply apply for I-485 (family based). If your spouse is not in USand you have GC, you will need to file for follow to join visa and it will take some time (I dunno how many years).
i think you didn't get me,here is my question , if a person got married after applying i-485 and not able include his wife due to PD current date issue before his GC got approved, is there any way to get out from this situation , please let me know you one
i think you didn't get me,here is my question , if a person got married after applying i-485 and not able include his wife due to PD current date issue before his GC got approved, is there any way to get out from this situation , please let me know you one
green_card_curious
03-07 09:56 PM
Thanks Stemcell. I am still on my H1-B, but my wife has been working using her EAD. We are seeing and hearing different things. We are obviously planning to appeal, but the problem is will USCIS cancel the I-485 immediately or will the I-485 be denied with the ultimate denial (after appeal, if thats our fate)? We are hearing it both ways, so am really not sure - but your friend's case gives me a little relief.
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tnite
09-26 04:05 PM
Hi All,
NSC received my I765 applications on June 21st. I am still waiting for my EAD. I have seen many people from NSC got their approval for the same time frame. Is there anypone in the same boat. Is this something I should be worried about.
Thanks!
See my signature for NSC timeline for my I485
NSC received my I765 applications on June 21st. I am still waiting for my EAD. I have seen many people from NSC got their approval for the same time frame. Is there anypone in the same boat. Is this something I should be worried about.
Thanks!
See my signature for NSC timeline for my I485
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techskill
06-23 02:23 PM
White House Says Immigration Reform Unlikely in ’09 - Roll Call (http://www.rollcall.com/news/36115-1.html)
smuggymba
07-28 01:14 PM
Came to US in 2004. But never was after GC. Applied in Feb 2008 EB2. So does not look like will get my GC in next couple of years.
'cooler' has well said that value of GC has changed as life has progressed. Now thinking of going back as parents getting older. Plus daughter has US citizenship. If she wants to come back here, that is her privilege.
Completing 40 SS credits next year. So can return after that. Bought home in 2006 at the peak of the buble so getting out of the house is probably the only hurdle left.
40SS credits won't get you SS after retirement if you're not a US Citizen then. Just so you know. India does not have a SS act with US and vice versa.
'cooler' has well said that value of GC has changed as life has progressed. Now thinking of going back as parents getting older. Plus daughter has US citizenship. If she wants to come back here, that is her privilege.
Completing 40 SS credits next year. So can return after that. Bought home in 2006 at the peak of the buble so getting out of the house is probably the only hurdle left.
40SS credits won't get you SS after retirement if you're not a US Citizen then. Just so you know. India does not have a SS act with US and vice versa.
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larmani
04-29 01:02 PM
If you are the derivative how can they check your salary with your spouse's LCA requirements. I think you will be fine. Check with your lawyer. If you want you can switch to EAD anytime. But once you lose H1 you cannot getback on H1.
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gcgreen
08-15 01:42 PM
It is not clear what you mean by "I can have the same occupational classification code not a problem about that." To my knowledge, you cannot control the occupational classification! It depends on the particular job duties, and skills required.
Also, just the job title is insufficient. What does System Analyst (Oracle EBS) mean? Does it involve any software development at all like you expect to do in your new job? What occupation code is listed in the labor?
In order to take advantage of AC21, the occupational classification (e.g., the O-net code) must match or be similar to the occupational classification of your GC sponsored job.
Hello GCGreen,
My labor mentions System Analyst (Oracle EBS). And I am looking for a job with similar title, but with different skills (Java/J2EE). I can have the same occupational classification code not a problem about that.
Hope this information is ample for you to give me some advice.
Also, just the job title is insufficient. What does System Analyst (Oracle EBS) mean? Does it involve any software development at all like you expect to do in your new job? What occupation code is listed in the labor?
In order to take advantage of AC21, the occupational classification (e.g., the O-net code) must match or be similar to the occupational classification of your GC sponsored job.
Hello GCGreen,
My labor mentions System Analyst (Oracle EBS). And I am looking for a job with similar title, but with different skills (Java/J2EE). I can have the same occupational classification code not a problem about that.
Hope this information is ample for you to give me some advice.
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ivar
03-12 11:36 PM
Received a mail for myself and my wife. welcome to USA. But no email from CRIS.
:):):):):):)
Congratulations. You deserved it after such a long wait. Enjoy your GC. :)
:):):):):):)
Congratulations. You deserved it after such a long wait. Enjoy your GC. :)
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buehler
07-06 10:03 AM
I thought that Kaiser was only for Western States. Is it there for other places also?
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dionysus
01-29 06:19 PM
True. We are all turning amateur lawyers by now. Our resumes should have a line saying experience includes, but not limited to, decoding complex USCIS regulations, preparing legal communications etc.
Able/willing!!
Look how EB process affected our life.. Labor certification terminology now feels so natural to us
Able/willing!!
Look how EB process affected our life.. Labor certification terminology now feels so natural to us
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vishwak
08-13 10:51 AM
History:
Question for fellow IV members :
By merely renewing my wife's H4, while she was still working on EAD, did she automatically get switched to H4?
Can someone shed some light on this: Am I right or wrong?
Does this affect her or mine, pending 485/AOS ?
Hmmm.....I think she is not supposed to work when on H4. As always status in US is taken by 2 ways.
Either Change of Status in US or Status when you enter/re-enter to US.
As your wife recent was change of Status in US which was H4. She is not supposed to work. But I believe lot of people work and there might not be an impact on your AOS.
Lets wait until Experts speak.......
Question for fellow IV members :
By merely renewing my wife's H4, while she was still working on EAD, did she automatically get switched to H4?
Can someone shed some light on this: Am I right or wrong?
Does this affect her or mine, pending 485/AOS ?
Hmmm.....I think she is not supposed to work when on H4. As always status in US is taken by 2 ways.
Either Change of Status in US or Status when you enter/re-enter to US.
As your wife recent was change of Status in US which was H4. She is not supposed to work. But I believe lot of people work and there might not be an impact on your AOS.
Lets wait until Experts speak.......
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martinvisalaw
06-15 04:52 PM
Dear Ms. Martin:
Hello. Thank you for your timely and to-the-point reply. I will file for I-485 petition (family-based) as soon as my PD becomes current. A couple of questions:
1. I know for family-based I-485, my sponsor (my father) needs to show financial support through I-864 (Affidavit of Support). What should I do in unlikely case that my father lost his engineer position in his company? My parents actually own their house (no loan, about 250K house) and have decent amount of money for retirement. Is this enough to convince USCIS?
2. National Visa Center sent my father a notice when USCIS transferred the approved I-130 application to NVC. The notice stated case number was assigned and asked us not to make travel arrangements. Obviously, NVC still believes I am aboard because in the I-130 form, my father stated that I was aboard. Should I inform NVC that I am in the country and would like to do AoS instead of CP?
3. I assume that I can apply for EAD/AP along with the family-based I-485. Am I right?
4. Do you have an estimate family-based I-485 processing time? I was told about six month. Is it true?
5. Please give me a fee quote for I-485/EAD/AP?
Thank you so much. I am looking forward to your reply.
Sincerely
1. See this blog post for details about how to satisfy the Affidavit of Support requirements: http://martinvisalaw.blogspot.com/search/label/affidavit%20of%20support.
2. You can file the 485 without directly notifying NVC. CIS will request the file back from NVC, though this might delay the 485 approval a bit.
3. Yes, you can apply for an EAD and AP with the 485.
4. The processing times for I-485s depend on where you will file. Please see this link, since I don't know where you live: https://egov.uscis.gov/cris/jsps/ptimes.jsp;jsessionid=acbL_QZGptL4VhpFeDXgs.
5. I will send you a private message re fees. Thanks for the inquiry.
Hello. Thank you for your timely and to-the-point reply. I will file for I-485 petition (family-based) as soon as my PD becomes current. A couple of questions:
1. I know for family-based I-485, my sponsor (my father) needs to show financial support through I-864 (Affidavit of Support). What should I do in unlikely case that my father lost his engineer position in his company? My parents actually own their house (no loan, about 250K house) and have decent amount of money for retirement. Is this enough to convince USCIS?
2. National Visa Center sent my father a notice when USCIS transferred the approved I-130 application to NVC. The notice stated case number was assigned and asked us not to make travel arrangements. Obviously, NVC still believes I am aboard because in the I-130 form, my father stated that I was aboard. Should I inform NVC that I am in the country and would like to do AoS instead of CP?
3. I assume that I can apply for EAD/AP along with the family-based I-485. Am I right?
4. Do you have an estimate family-based I-485 processing time? I was told about six month. Is it true?
5. Please give me a fee quote for I-485/EAD/AP?
Thank you so much. I am looking forward to your reply.
Sincerely
1. See this blog post for details about how to satisfy the Affidavit of Support requirements: http://martinvisalaw.blogspot.com/search/label/affidavit%20of%20support.
2. You can file the 485 without directly notifying NVC. CIS will request the file back from NVC, though this might delay the 485 approval a bit.
3. Yes, you can apply for an EAD and AP with the 485.
4. The processing times for I-485s depend on where you will file. Please see this link, since I don't know where you live: https://egov.uscis.gov/cris/jsps/ptimes.jsp;jsessionid=acbL_QZGptL4VhpFeDXgs.
5. I will send you a private message re fees. Thanks for the inquiry.
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dixie
08-21 09:58 PM
The situation is unfair only if there is no retrogression. In that case there is a high probability that the one who applied in 2005 gets his GC (or at least EAD/AP), while a 2001 applicant's LC is still caught in the BEC.
But given that retrogression is very much in place for all but EB-1 and EB-2 ROW, an approved I-140 is pretty much useless except for getting 3 year extensions (and limited portability) . In that case, even if the 2005 applicant gets his I-140 approval in a jiffy, he has to wait behind the BEC victim when it comes to applying for 485 (assuming of course that BECs dont last forever).So retrogression neutralises the unfairness of BECs to a large extent.
I do agree however, that the BECs should have been cleared prior to starting the PERM system.
All the fresh H1's wait little longer, while older h1 case gets adjucated. Presently, a guy who filed in 1999, 2000, 2001 is clue less, on what is happening, a guy who filed in 2005/6 had a 140 already, is this fair ?
So to make it more evenly distributed, delay the process by 2/3 years for every new h1 applicant, and also insisting on 2 years of tax filing , will ensure, the older applications gets processed in the meanwhile, and also help the newer applications get streamlined.
Hope u got the point...
But given that retrogression is very much in place for all but EB-1 and EB-2 ROW, an approved I-140 is pretty much useless except for getting 3 year extensions (and limited portability) . In that case, even if the 2005 applicant gets his I-140 approval in a jiffy, he has to wait behind the BEC victim when it comes to applying for 485 (assuming of course that BECs dont last forever).So retrogression neutralises the unfairness of BECs to a large extent.
I do agree however, that the BECs should have been cleared prior to starting the PERM system.
All the fresh H1's wait little longer, while older h1 case gets adjucated. Presently, a guy who filed in 1999, 2000, 2001 is clue less, on what is happening, a guy who filed in 2005/6 had a 140 already, is this fair ?
So to make it more evenly distributed, delay the process by 2/3 years for every new h1 applicant, and also insisting on 2 years of tax filing , will ensure, the older applications gets processed in the meanwhile, and also help the newer applications get streamlined.
Hope u got the point...
more...
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a_yaja
04-02 08:33 AM
Thank you guys for helping me.
Could you tell me please if it's ok to write where it's written "purpose of trip"........that I want to travel to visit my parents......is it ok with Uscis if I write that? Or what else should I write.
Thanks again!
On a separate piece of paper, this is exactly what I entered:
"Pending adjustment of status petition. Lengthy adjustment and the need to visit family from time to time."
I self filed for AP for my spouse and myself and we got it approved without any problem.
Could you tell me please if it's ok to write where it's written "purpose of trip"........that I want to travel to visit my parents......is it ok with Uscis if I write that? Or what else should I write.
Thanks again!
On a separate piece of paper, this is exactly what I entered:
"Pending adjustment of status petition. Lengthy adjustment and the need to visit family from time to time."
I self filed for AP for my spouse and myself and we got it approved without any problem.
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sathyaraj
11-15 04:25 PM
This may seem as easy as it sounds, but could you get into trouble. Along with EVL USCIS also asks for pay stubs and W2s for RFE. This is to asses your intentions of continuing the job as mentioned in ur labour. Eventhough GC is for future employer. if USCIS finds out that you are not working in a job which matches the job description, it could create problems.
Use EAD to join the company but during I-485 process if they ask for EVL keep a back up company which can give EVL with Labor job description. Hope this helps.
Use EAD to join the company but during I-485 process if they ask for EVL keep a back up company which can give EVL with Labor job description. Hope this helps.
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TeddyKoochu
01-24 10:14 AM
TeddyKoochu, based on the 2010 report, can we estimate what the total EB quota would be for 2011?
We are back to 140K, refer to demand data. This year both EB1 and EB2 are showing much lower consumption the dates will definitely move into 2007.
We are back to 140K, refer to demand data. This year both EB1 and EB2 are showing much lower consumption the dates will definitely move into 2007.
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willwin
07-09 08:24 AM
I am starting this thread to see if IV can help CP (consular processing) filers (who are already in the US) who are the worst affected due to retrogression.
Issues:
1. CP filers do not have any interim benefits like EAD, AP, AC21 provision.
2. CP filers lose their GC application if the employer closes down business and they have to start all over from scratch (after finding a sponsor).
3. CP filers are the ones actually stuck with the same employer due to not having EAD.
4. Most CP filers would not have got the income tax rebate ($600 per individual and $300 per child) if they had filed return jointly with their spouse and if the spouse was not working. This is just insane.
As we are losing sight of, the only rescue for CP filers, recapturing bill - the only other option will be to enable CP filers to file for 485 even if their PD is not current. I am assuming this does not need a change to the legislation and can be done by DOS/USCIS. I may be wrong. Otherwise, CP filers especially EB3 India with PD 2002/2003 have high risks if they have to lose their current GC application, which I think is quite unfair.
I know, even IV hardly cares for CP filers as there is not even a provision to enter CP details in the tracker, however, just wanted to try our luck.
If IV thinks this is too much for the asking, feel free to delete this thread.
If anyone can't resist the urge to ask us, why the heck did you file for CP, well, nobody would have anticipated this plight and above all CP is not illegal!
Issues:
1. CP filers do not have any interim benefits like EAD, AP, AC21 provision.
2. CP filers lose their GC application if the employer closes down business and they have to start all over from scratch (after finding a sponsor).
3. CP filers are the ones actually stuck with the same employer due to not having EAD.
4. Most CP filers would not have got the income tax rebate ($600 per individual and $300 per child) if they had filed return jointly with their spouse and if the spouse was not working. This is just insane.
As we are losing sight of, the only rescue for CP filers, recapturing bill - the only other option will be to enable CP filers to file for 485 even if their PD is not current. I am assuming this does not need a change to the legislation and can be done by DOS/USCIS. I may be wrong. Otherwise, CP filers especially EB3 India with PD 2002/2003 have high risks if they have to lose their current GC application, which I think is quite unfair.
I know, even IV hardly cares for CP filers as there is not even a provision to enter CP details in the tracker, however, just wanted to try our luck.
If IV thinks this is too much for the asking, feel free to delete this thread.
If anyone can't resist the urge to ask us, why the heck did you file for CP, well, nobody would have anticipated this plight and above all CP is not illegal!
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amoljak
10-16 01:51 PM
Which country are you from ?
jvs
09-23 02:27 PM
I applied for my second AP on 08/11/2009, was approved on 09/03/2009, was received at the attorney's office on 09/10/2009. Service center NSC.
No FP was done. FWIW my last FP was in Jan 09.
Did you guys have to go through FP for the APs? Will they take FP again even if they have done that before.
No FP was done. FWIW my last FP was in Jan 09.
Did you guys have to go through FP for the APs? Will they take FP again even if they have done that before.
visafreedom
07-03 02:09 AM
Please read, sign and observe
http://www.petitiononline.com/aos485/petition.html
To: U,S. Congress American Government
USCIS/DOS has made fun of a set of highly skilled immigrant workers of America. They issued a bulletin in June 2007 (http://travel.state.gov/visa/frvi/bulletin/bulletin_3258.html) declaring all classes of employment-based visa priority dates current from July 1, 2007 and then pulled the carpet under everyone's feet by issuing a bulletin in July 2007 (http://travel.state.gov/visa/frvi/bulletin/bulletin_3263.html) which declared all July applications ineligible.
The June bulletin caused a frenzy of activity amongst the applicants which ranged from applicants cancelling their travel plans and rushing to file their petitions to applicants tying the nuptial knot and cancelling their plans of higher studies. This act is mockery and disrespect of such skilled workers, causing them huge emotional and mental trauma. It also represents a huge economic loss in terms of time and resources consumed for readiness in filing the applications that involved the individuals, their employers and the attorneys representing them.
As a mark of protest we would like to observe July 13, 2007 as "NO WORK DAY". We demand justice from America and the American Governement. We believe our voices will only be heard when our presence (and importance) is made conspicuous by our absence. So, all those who believe in this are urged to refrain from going to work on Friday July 13, 2007.
Sincerely,
http://www.petitiononline.com/aos485/petition.html
To: U,S. Congress American Government
USCIS/DOS has made fun of a set of highly skilled immigrant workers of America. They issued a bulletin in June 2007 (http://travel.state.gov/visa/frvi/bulletin/bulletin_3258.html) declaring all classes of employment-based visa priority dates current from July 1, 2007 and then pulled the carpet under everyone's feet by issuing a bulletin in July 2007 (http://travel.state.gov/visa/frvi/bulletin/bulletin_3263.html) which declared all July applications ineligible.
The June bulletin caused a frenzy of activity amongst the applicants which ranged from applicants cancelling their travel plans and rushing to file their petitions to applicants tying the nuptial knot and cancelling their plans of higher studies. This act is mockery and disrespect of such skilled workers, causing them huge emotional and mental trauma. It also represents a huge economic loss in terms of time and resources consumed for readiness in filing the applications that involved the individuals, their employers and the attorneys representing them.
As a mark of protest we would like to observe July 13, 2007 as "NO WORK DAY". We demand justice from America and the American Governement. We believe our voices will only be heard when our presence (and importance) is made conspicuous by our absence. So, all those who believe in this are urged to refrain from going to work on Friday July 13, 2007.
Sincerely,
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