xgoogle
11-12 05:44 PM
I received my GC on 08/15/08. PD 03/2006. My spouse did not. The dates have since moved on and it seems until July/Aug 2009 there can be no hope. She has an EAD until 10/2010and is employed on its basis. Does changing my job effect her I-485 application ? Will I still need to file an AC21 ?
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wandmaker
08-11 06:45 PM
For example, for my I-140 under EB2-NIW, NSC processing date shows February 27, 2007; and I filed in April 2007. But, I got approved. (no complaints). Technically, they shouldn't have picked up mine.
You are lucky to have your 140 approved :) There are many people that I know, whos files are still waiting to be dusted.
See, quasi-citizens i.e., people applying for Naturalization have better luck because their local congressman will be making calls and putting fire under USCIS ass because these are potential voters in November. So, they have some leverage. But people who are waiting for green card are no good now... wait for 5 years after you get it, you may have luck in getting their attention.
Focus your energy on IV activites (state chapter, campaign and etc), spend time with the family, and live your day to day life. We will get there soon enough with everyones' support ($$$$)
You are lucky to have your 140 approved :) There are many people that I know, whos files are still waiting to be dusted.
See, quasi-citizens i.e., people applying for Naturalization have better luck because their local congressman will be making calls and putting fire under USCIS ass because these are potential voters in November. So, they have some leverage. But people who are waiting for green card are no good now... wait for 5 years after you get it, you may have luck in getting their attention.
Focus your energy on IV activites (state chapter, campaign and etc), spend time with the family, and live your day to day life. We will get there soon enough with everyones' support ($$$$)
chanduv23
09-30 09:45 AM
:( I just got an RFE on my case...I had 2 soft LUD from past 2 days and now the status says "Request for additional evidence sent."
I have used AC21 to change jobs but I am still on H1....Now i am worried.
Don't worry , it is not a denial
I have used AC21 to change jobs but I am still on H1....Now i am worried.
Don't worry , it is not a denial
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rimzhim
06-05 10:22 PM
At this time ONLY 30% of EB2 Indians have current PDs. I've asked this question before - don't you all think that maybe dates will not have to retrogress again? I mean, 30% is too low a percentage for triggering a backward movement of PD.
Any thoughts?
Seems like a good guess to me. In fact, EB-2-India might move forward.
Any thoughts?
Seems like a good guess to me. In fact, EB-2-India might move forward.
more...
kirupa
03-02 04:23 PM
Traditional painting qualifies!
Libra
08-13 11:03 AM
Members who became seniors on this forum, if you have contributed to IV so far, then can you guys put that in your signature, and junior members can you please think of contributing to IV.
Contribute to IV and show your support.
Contribute to IV and show your support.
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zCool
03-24 04:25 PM
I heard whole segment and it was great advocacy Mark.
I think the guy who called afterwards nailed it right..
I don't know why folks don't emphasis injustice built-in per country quota..
If discrimination is prohibited anywhere else based on persons's national origin why is it allowed to continue in Green Card queue??
We should hammer this point everywhere..
I have spoken abt it and no one can really say any good counter-point..
IF the pain was shared across all the nations, you bet there would be more support across the board..
Also per-country quotas are really relic of pre-1965 European only immigration policy..
Before anything else I would like simple just queue formed.. This is new "Asian Exclusion Law" and that should be #1 target!
I think the guy who called afterwards nailed it right..
I don't know why folks don't emphasis injustice built-in per country quota..
If discrimination is prohibited anywhere else based on persons's national origin why is it allowed to continue in Green Card queue??
We should hammer this point everywhere..
I have spoken abt it and no one can really say any good counter-point..
IF the pain was shared across all the nations, you bet there would be more support across the board..
Also per-country quotas are really relic of pre-1965 European only immigration policy..
Before anything else I would like simple just queue formed.. This is new "Asian Exclusion Law" and that should be #1 target!
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axp817
02-03 01:49 PM
Documentation informing the USCIS of your having utilized AC21 benefits isn't necessary, but is a proactive measure usually taken to have a clean slate on the applicant's part.
It is true that in a majority of the cases the AC21 documentation might never reach the applican't 485 file, but in an unforeseen circumstance such as the denial of one's 485 based on 140 revocation (which, as we know isn't very uncommon) and matters reaching an immigration court, proof that one had taken proactive steps and gone out of one's way to inform the USCIS might make one's case stronger and thus make it easier to have the case reopened.
I was fortunate enough to not have to make that decision -whether to send AC21 documentation or not, the attorneys (Fragomen) representing the new employer recommended sending it making it easy for me.
Just my 2 cents,
It is true that in a majority of the cases the AC21 documentation might never reach the applican't 485 file, but in an unforeseen circumstance such as the denial of one's 485 based on 140 revocation (which, as we know isn't very uncommon) and matters reaching an immigration court, proof that one had taken proactive steps and gone out of one's way to inform the USCIS might make one's case stronger and thus make it easier to have the case reopened.
I was fortunate enough to not have to make that decision -whether to send AC21 documentation or not, the attorneys (Fragomen) representing the new employer recommended sending it making it easy for me.
Just my 2 cents,
more...
enggr
03-17 03:56 AM
Friends,
My I-140 got denied after the RFE response. In response to the RFE in September my lawyer responded to the RFE in November and the result came early this month (march 2008).
In the RFE response in last November my lawyer told USCIS that the category was marked wrong as EB2 where the case should be actually under EB3.
USCIS denied the application saying that application cannot be approved under EB2 and request for EB3 cannot be entertained at this point.
The following are the words from USCIS denial notice.
"The petitioner indicated that it had made an error in marking the petition form and that the petition should be considered one requesting the beneficiary's classification under a different section of law. However, since the petition was filed for second-preference classification and was initially adjudicated on that basis, USCIS will not at this stage consider it for some other classification.
In accordance with a USCIS announcement dated on May 23, 2007, the petitioner may elect to file a new petition on the beneficiary's behalf requesting a different visa classification but supported by the instant labor certification.(A motion making this request would be denied.) If the petitioner elects to persue this option, it should include a cover letter which explains the request, include a copy of this denial notice, and clearly report that the original labor certification is with LIN XXXXXXXXXX housed in AXXXXXXXXX. "
Also mine and my wife's I-485 got denied on the same day. In the denial notice of I-485 USCIS has mentioned that "The regulation does not provide for an appeal to this decision."
We are planning to file a new labor certification by end of this month as the current one is 99% a gone case
As you all know I was trying to save this application to save my wife's EAD.
Please help me with one of the options below.
Regarding my rejected I-140 I have two choices as per USCIS and my lawyer. Either of them should be filed 33 days from first week of march. Doing both of the below options at the same time will result in automatic rejection of both
1) Appealing the decision
Pros: My wife gets a chance to win her EAD back which is a big win for us
Cons: USCIS has indicated in the rejection notice that they are rejecting the I-140 because it does not qualify for EB2. they added that our request for converting it into EB3 cannot be entertained at this moment of time. So chances of winning the appeal is small compared to filing new I-140 as per my lawyer
2) Applying new EB3 I-140
Pros: Chances of getting an approval under this new EB3 I-140 is more compared to appealing the old EB2 application (the old application also includes and the request to convert EB2 into EB3)
Cons: Definite loss of my wife's EAD. Also since the labor is on Aug 2006 they have a common expiration date of Jan 2008. All labors from June 2007 (somewhere around that time) expire 6 months of the approval date and I-140 within that 6 months only will be considered for processing. Since we have passed the Jan 2008 period my lawyer is saying the new I-140 can also get rejected. the only argument we can place is, the processing time taken/length of old I-140 processing and the suggestion given on old I-140 denial notice dated march 1st week.
I am wondering whether we can do an MTR (Motion to re-open on the old application). This option is not mentioned by USCIS or lawyer. I am wondering whether this option will eliminate the appeal/new I-140 application within 33 days previlege
. My answer to my attorney regarding the next course of action depends on your advice(s) very much.
Thanks in advance and I really appreciate who posted replies to my questions earlier.
Enggr:
Labor approved 2006 Aug EB2
I-140 applied 2006 Nov EB2
I-140 RFE 2007 Sep
RFE response 2007 Nov
I-140 denied 2008 Mar
My I-140 got denied after the RFE response. In response to the RFE in September my lawyer responded to the RFE in November and the result came early this month (march 2008).
In the RFE response in last November my lawyer told USCIS that the category was marked wrong as EB2 where the case should be actually under EB3.
USCIS denied the application saying that application cannot be approved under EB2 and request for EB3 cannot be entertained at this point.
The following are the words from USCIS denial notice.
"The petitioner indicated that it had made an error in marking the petition form and that the petition should be considered one requesting the beneficiary's classification under a different section of law. However, since the petition was filed for second-preference classification and was initially adjudicated on that basis, USCIS will not at this stage consider it for some other classification.
In accordance with a USCIS announcement dated on May 23, 2007, the petitioner may elect to file a new petition on the beneficiary's behalf requesting a different visa classification but supported by the instant labor certification.(A motion making this request would be denied.) If the petitioner elects to persue this option, it should include a cover letter which explains the request, include a copy of this denial notice, and clearly report that the original labor certification is with LIN XXXXXXXXXX housed in AXXXXXXXXX. "
Also mine and my wife's I-485 got denied on the same day. In the denial notice of I-485 USCIS has mentioned that "The regulation does not provide for an appeal to this decision."
We are planning to file a new labor certification by end of this month as the current one is 99% a gone case
As you all know I was trying to save this application to save my wife's EAD.
Please help me with one of the options below.
Regarding my rejected I-140 I have two choices as per USCIS and my lawyer. Either of them should be filed 33 days from first week of march. Doing both of the below options at the same time will result in automatic rejection of both
1) Appealing the decision
Pros: My wife gets a chance to win her EAD back which is a big win for us
Cons: USCIS has indicated in the rejection notice that they are rejecting the I-140 because it does not qualify for EB2. they added that our request for converting it into EB3 cannot be entertained at this moment of time. So chances of winning the appeal is small compared to filing new I-140 as per my lawyer
2) Applying new EB3 I-140
Pros: Chances of getting an approval under this new EB3 I-140 is more compared to appealing the old EB2 application (the old application also includes and the request to convert EB2 into EB3)
Cons: Definite loss of my wife's EAD. Also since the labor is on Aug 2006 they have a common expiration date of Jan 2008. All labors from June 2007 (somewhere around that time) expire 6 months of the approval date and I-140 within that 6 months only will be considered for processing. Since we have passed the Jan 2008 period my lawyer is saying the new I-140 can also get rejected. the only argument we can place is, the processing time taken/length of old I-140 processing and the suggestion given on old I-140 denial notice dated march 1st week.
I am wondering whether we can do an MTR (Motion to re-open on the old application). This option is not mentioned by USCIS or lawyer. I am wondering whether this option will eliminate the appeal/new I-140 application within 33 days previlege
. My answer to my attorney regarding the next course of action depends on your advice(s) very much.
Thanks in advance and I really appreciate who posted replies to my questions earlier.
Enggr:
Labor approved 2006 Aug EB2
I-140 applied 2006 Nov EB2
I-140 RFE 2007 Sep
RFE response 2007 Nov
I-140 denied 2008 Mar
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yodamom
August 27th, 2004, 08:08 AM
I agree with Anders - I want my phone and my camera to be separate. Picking up my phone to take a pic makes about as much sense to me as picking up my camera to call someone.
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frostrated
08-05 04:01 PM
I think this is like saying.....My friends drove on I-101 at 80 MPH and they never get Ticket. Ahhha....Immigration is like game and we never know when you get trapped.
Take advise of your Attorney, still you need to work on your own to get exact information....and correct way of doing.
I think person shouldn't leave country after applying AP and come back with AP which got approved while abroad.
Yes they can if they have VALID H1/H4 Visa stamping.
Thanks.....No offense guys.
VK.
I had to leave the country on work and was outside for close to 4 months. When I left, I had an approved AP1 in hand, and had applied for AP2. AP2 was approved while I was outside the country. I returned on AP2 with no problems.
Take advise of your Attorney, still you need to work on your own to get exact information....and correct way of doing.
I think person shouldn't leave country after applying AP and come back with AP which got approved while abroad.
Yes they can if they have VALID H1/H4 Visa stamping.
Thanks.....No offense guys.
VK.
I had to leave the country on work and was outside for close to 4 months. When I left, I had an approved AP1 in hand, and had applied for AP2. AP2 was approved while I was outside the country. I returned on AP2 with no problems.
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desidas
01-22 12:55 AM
<< bump??
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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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dingudi
06-07 11:45 AM
Is this RFE on your pending 485? What service center is this at? TSC or NSC.
Also what you can do is request IRS transcripts for year 1999-2000 if you cannot find the returns.
Also what you can do is request IRS transcripts for year 1999-2000 if you cannot find the returns.
more...
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nidar
03-05 10:44 AM
I am an IT consultant
What is the probable Approval date for this application?
My details:
EB2-labor 09/2006.
I-140 SRC078XXXXXXX(Texas)
Reciept: 02/27/2007
Notice: 07/31/2007
Priority:09/01/2006
section: Member of professional w/adv degree or of exceptional ability . Sec203(b)(2)
I-485:# SRC08-008-53-XXX(Texas:2008:eight day from 09/01/2008)
Recieved:08/14/2007
Notice :09/11/2007
Section: Adjustment as direct beneficiary of imigrant petition.
Finger Printing:12/20/2007
What is the probable Approval date for this application?
My details:
EB2-labor 09/2006.
I-140 SRC078XXXXXXX(Texas)
Reciept: 02/27/2007
Notice: 07/31/2007
Priority:09/01/2006
section: Member of professional w/adv degree or of exceptional ability . Sec203(b)(2)
I-485:# SRC08-008-53-XXX(Texas:2008:eight day from 09/01/2008)
Recieved:08/14/2007
Notice :09/11/2007
Section: Adjustment as direct beneficiary of imigrant petition.
Finger Printing:12/20/2007
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excogitator
11-23 03:34 AM
All the Best Everyone!!! :)
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mhathi
07-20 09:15 AM
I searched for IV on orkut and got three communities back, one with 2 members and two empty.. which one are we joining?
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GooblyWoobly
07-18 07:00 PM
read the last paragraph of the link you posted
Adjustment applications and ancillary benefits – The new application fee for an I-485 is a package fee that includes associated EAD and advance parole applications. Thus, if you file an I-485 with the fee listed above, while you will still need to submit applications for an EAD and advance parole, you will not need to pay a separate fee so long as your adjustment application is pending. However, if you filed your I-485 before this fee change, to apply for or renew your EAD or advance parole, you must file a new application with the new fee for those applications.
Thanks. Clear as day!! This sucks.
This meand all the people here filing in July will have to shell out 340$ for EAD and 305$ for AP each year.
Can someone answer Q2?
Adjustment applications and ancillary benefits – The new application fee for an I-485 is a package fee that includes associated EAD and advance parole applications. Thus, if you file an I-485 with the fee listed above, while you will still need to submit applications for an EAD and advance parole, you will not need to pay a separate fee so long as your adjustment application is pending. However, if you filed your I-485 before this fee change, to apply for or renew your EAD or advance parole, you must file a new application with the new fee for those applications.
Thanks. Clear as day!! This sucks.
This meand all the people here filing in July will have to shell out 340$ for EAD and 305$ for AP each year.
Can someone answer Q2?
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Humhongekamyab
09-16 02:19 PM
Same thing you used your Cingular minutes for :)
This will be your second round of calls.
Not Cingular but the new AT&T. :D
This will be your second round of calls.
Not Cingular but the new AT&T. :D
cdeneo
01-09 03:34 AM
What happens if one does not surrender the I-94 when travelling abroad?
My friend while leaving US he did not surrender the I-94 card. Actually he forgot it at home and the airlines allowed him to board plane without surrendering I-94. What should he do now? Guru's does any one have any experience with such situation? Please help
My friend while leaving US he did not surrender the I-94 card. Actually he forgot it at home and the airlines allowed him to board plane without surrendering I-94. What should he do now? Guru's does any one have any experience with such situation? Please help
qualified_trash
11-30 12:11 PM
I have Labor (PERM) and I140 approved from my current employer.
can I apply trasfer and extension with new employer.
Advice is highly appreciated.
you can!!
BUT, your new employer has to do your PERM and I140 all over again. you can retain your old PD though!!
can I apply trasfer and extension with new employer.
Advice is highly appreciated.
you can!!
BUT, your new employer has to do your PERM and I140 all over again. you can retain your old PD though!!
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