aadimanav
01-05 10:41 PM
I will be using AP first time. What documentation do we need to enter (other than passport and un-expired AP)? I will be visiting India for about 1 month? Is there any limitation as to for how long you can leave the country? I got 2 copies of AP. We just need "one" right?
Also while leaving which I-94 should we surrender? The one which I got when I entered last time - a couple of years ago, or the one which I received with last H1b renewal documentation. Right now I am not using H1b. I am "on" EAD.
Please share your experiences.
Thanks in advance!
Also while leaving which I-94 should we surrender? The one which I got when I entered last time - a couple of years ago, or the one which I received with last H1b renewal documentation. Right now I am not using H1b. I am "on" EAD.
Please share your experiences.
Thanks in advance!
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NolaIndian32
02-13 02:03 PM
This is one IV you don't want to be left without: IV - Immigration Voice, working for the Employment Based Legal Immigrant Community
jsb
02-11 10:28 AM
i lostmy legal in 2002 (b2). during 2003 i won gc lottery . we did al paper work till last step.my lawyer toll me dont go couse deportation. In 2005 my employer apply gc for me (em3) In April 2006 I-140 aproved.now we waiting for priority date..
My question to you .. my lottery case priority date can be use for my eb3 case?
If you won a GC lottery, which many of us didn't, what is the problem. Didn't GC lottery supposed to get you a GC? Why did you need your employer to sponsor you again if you already won a GC lottery? We are puzzled.
My question to you .. my lottery case priority date can be use for my eb3 case?
If you won a GC lottery, which many of us didn't, what is the problem. Didn't GC lottery supposed to get you a GC? Why did you need your employer to sponsor you again if you already won a GC lottery? We are puzzled.
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psaxena
10-20 12:38 PM
RealClearPolitics - Election 2010 - Iowa Senate - Grassley vs. Conlin (http://www.realclearpolitics.com/epolls/2010/senate/ia/iowa_senate_grassley_vs_conlin-1217.html)
This is going nowhere... Guys what are prospects of Grassley winning the Nov elections...I hope he looses
This is going nowhere... Guys what are prospects of Grassley winning the Nov elections...I hope he looses
more...
hojo
09-04 09:12 PM
awesome, thanks for the tutorial, thats mighty handy Jubba
ingegarcia
08-29 02:53 PM
................Also, Online MBA's, M.S and other programs are not accredited by their respective boards anyway, meaning it�s a good 1 1/2 to 2 years of FULL TIME graduate school to get ahead of the line.
I did a little research I think that depends on the University and not in the type of master degree (on campus, online). There are some well known Universities that offer Online Master degrees like SMU, Michigan, Harvard, Illinois accredited by their respective boads.
I did a little research I think that depends on the University and not in the type of master degree (on campus, online). There are some well known Universities that offer Online Master degrees like SMU, Michigan, Harvard, Illinois accredited by their respective boads.
more...
gchopefull
10-02 03:52 PM
just pm you.
thank you
thank you
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ddanait
02-07 03:21 PM
Thank for the reply. I hope the suggestions will be acted on and implemented at the earliest. It's frustrating to see that the priority dates haven't moved by a single day in last 6 months, something really needs to be done and I will do my support IV with anything.
more...
reddymjm
05-21 04:46 PM
Hi,
I had sent an e-mail to my attorney...below is his reply...looks like i will get my renewed EAD before current EAD expires.
USCIS typically issues new EADs within 90 days. If they don't, you may make an Infopass appointment to appear in-person at a local office to request that they process an interim EAD. The local office will not issue an EAD. Rather, they will contact the Service Center which will typically issue the EAD within two weeks.
If you are working on EAD and if you do not get your new ead 10 days prior to the expiry of the old one please take an infopass and they will email the IO working on it to approve. Couple of my friends did that and got their approvals in a day or two.
I had sent an e-mail to my attorney...below is his reply...looks like i will get my renewed EAD before current EAD expires.
USCIS typically issues new EADs within 90 days. If they don't, you may make an Infopass appointment to appear in-person at a local office to request that they process an interim EAD. The local office will not issue an EAD. Rather, they will contact the Service Center which will typically issue the EAD within two weeks.
If you are working on EAD and if you do not get your new ead 10 days prior to the expiry of the old one please take an infopass and they will email the IO working on it to approve. Couple of my friends did that and got their approvals in a day or two.
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visafreedom
07-03 11:15 AM
Well, here are the thoughts.
American Govt only listens when it sees an economic impact. Get thousands of such workers to not work a day, I am sure it would mean a huge economic impact. This is sending a signal that we dont tolerate this "pseudo-slavery" and that today we dont work a day but tomorrow we will be forced to leave this country (I know already several people who have done that and it is becoming more and more common for people to abstain from coming to this land of opportunity as the system is now less favorable)
If hundreds of thousands dont go to work, congress, corporates, press - the whole gamut would become sensitive to the issue. This is one way you can get them to lobby for our demands.
Taking out rally is also a very good way of doing it however if you did this in one place, the turnout will not be as impressive. Doing it in multiple cities needs an organization.
Bottomline, whatever you do, show solidarity, resolve, unity. That has never happened within this affected group of workers.
American Govt only listens when it sees an economic impact. Get thousands of such workers to not work a day, I am sure it would mean a huge economic impact. This is sending a signal that we dont tolerate this "pseudo-slavery" and that today we dont work a day but tomorrow we will be forced to leave this country (I know already several people who have done that and it is becoming more and more common for people to abstain from coming to this land of opportunity as the system is now less favorable)
If hundreds of thousands dont go to work, congress, corporates, press - the whole gamut would become sensitive to the issue. This is one way you can get them to lobby for our demands.
Taking out rally is also a very good way of doing it however if you did this in one place, the turnout will not be as impressive. Doing it in multiple cities needs an organization.
Bottomline, whatever you do, show solidarity, resolve, unity. That has never happened within this affected group of workers.
more...
Hassan11
03-26 11:34 AM
Thanks Kingkon. I heard the appeal takes no more than a year. but DOL in Atlanta keeps telling my HR manager that they are backlogged. I am not sure what to do.
I had my EB2 LC rejected and the reason that DOL gave was they were not able to contact the employer and/or employer did not respond to their correspondence. Lawyer gave me two option to refile (I will lose PD) or appeal. This was in 2005 when PERM had just started and the lawyers said they did not know how long the appeal process takes in PERM since it was new system. To cut the story short I received the approved LC within 45days of appeal, but my case was a simple one I think. Your case it a bit different but in no case an appeal should take 1.5 years at least in PERM.
I had my EB2 LC rejected and the reason that DOL gave was they were not able to contact the employer and/or employer did not respond to their correspondence. Lawyer gave me two option to refile (I will lose PD) or appeal. This was in 2005 when PERM had just started and the lawyers said they did not know how long the appeal process takes in PERM since it was new system. To cut the story short I received the approved LC within 45days of appeal, but my case was a simple one I think. Your case it a bit different but in no case an appeal should take 1.5 years at least in PERM.
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chanukya
05-17 10:55 PM
Sorry about my statement, I stand corrected, if you are US Masters and above plus member of profession, you still are not exempt from LC Process, however, special handling of LC in your case will take place, like the measure by DOL will be looking for US Citizens equally qualified ratehr than able, willing and qualified.
USCIS Section 212(a)
(5) Labor certification and qualifications for certain immigrants.-
(A) Labor certification.-
(i) In general.-Any alien who seeks to enter the United States for the purpose of performing skilled or unskilled labor is inadmissible, unless the Secretary of Labor has determined and certified to the Secretary of State and the Attorney General that-
(I) there are not sufficient workers who are able, willing, qualified (or equally qualified in the case of an alien described in clause (ii)) and available at the time of application for a visa and admission to the United States and at the place where the alien is to perform such skilled or unskilled labor, and
(II) the employment of such alien will not adversely affect the wages and working conditions of workers in the United States similarly employed.
(ii) Certain aliens subject to special rule.-For purposes of clause (i)(I), an alien described in this clause is an alien who-
(I) is a member of the teaching profession, or
(II) has exceptional ability in the sciences or the arts
(III) is a member of the professions and has a master's degree or higher from an accredited United States university or has been awarded medical specialty certification based on post-doctoral training and experience in the United States.''.
Bottom line US Masters and above still need LC, Only thing is they are not counted against Quota....which is the biggest releif ever...
USCIS Section 212(a)
(5) Labor certification and qualifications for certain immigrants.-
(A) Labor certification.-
(i) In general.-Any alien who seeks to enter the United States for the purpose of performing skilled or unskilled labor is inadmissible, unless the Secretary of Labor has determined and certified to the Secretary of State and the Attorney General that-
(I) there are not sufficient workers who are able, willing, qualified (or equally qualified in the case of an alien described in clause (ii)) and available at the time of application for a visa and admission to the United States and at the place where the alien is to perform such skilled or unskilled labor, and
(II) the employment of such alien will not adversely affect the wages and working conditions of workers in the United States similarly employed.
(ii) Certain aliens subject to special rule.-For purposes of clause (i)(I), an alien described in this clause is an alien who-
(I) is a member of the teaching profession, or
(II) has exceptional ability in the sciences or the arts
(III) is a member of the professions and has a master's degree or higher from an accredited United States university or has been awarded medical specialty certification based on post-doctoral training and experience in the United States.''.
Bottom line US Masters and above still need LC, Only thing is they are not counted against Quota....which is the biggest releif ever...
more...
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kak1978
06-05 10:50 PM
I saw the same status message yesterday. But it was delivered today morning at 5:40 am!, Weird!!
I dont know if other Folks have seen the same thing. My renewal EAD application has reached Texas (TSC) today June 5th around noon by USPS Express Mail but the status says
Status: Notice Left
We attempted to deliver your item at 11:16 AM on June 5, 2008 in MESQUITE, TX 75185 and a notice was left. A second delivery attempt will be made. If unsuccessful, we will hold it for five business days and then it will be returned to the sender. Information, if available, is updated every evening. Please check again later.
The address where i sent is
USCIS
Texas Service Center
P.O. Box 851041
Mesquite, TX 75185-1041
Any clue what may be going on - this is another round of fun :confused:
I dont know if other Folks have seen the same thing. My renewal EAD application has reached Texas (TSC) today June 5th around noon by USPS Express Mail but the status says
Status: Notice Left
We attempted to deliver your item at 11:16 AM on June 5, 2008 in MESQUITE, TX 75185 and a notice was left. A second delivery attempt will be made. If unsuccessful, we will hold it for five business days and then it will be returned to the sender. Information, if available, is updated every evening. Please check again later.
The address where i sent is
USCIS
Texas Service Center
P.O. Box 851041
Mesquite, TX 75185-1041
Any clue what may be going on - this is another round of fun :confused:
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psvk
08-06 12:08 PM
Received an email from CRIS stating that Notice mailed welcoming the new permanent resident. Those who are tracking approval, check out IV profile/tracker.
Congrats
Congrats
more...
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santa123
03-09 09:46 PM
I know of an old time neighbor who had a similar story, only that it was not a dream but reality for him... he must be smiling at this post;)
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austingc
06-10 05:01 PM
Hello All,
I was reading at some of the posts in this forum and they seem to have been quiet helpful.
My company has decided to go ahead with my GC process.
Its in the very early stage, but my immigration specialist gave me a heads up regarding something.
She said, that as I have a 3 yrs BE degree the USCIS may not recognize me under EB2 category :confused: So I explained her the education system in India, but she said that it depends upon the Credential Evaluation Agency which will process my educational qualification and prepare a report and submit it to USCIS.
Following this USCIS will make a decision whether to grant EB2 or EB3 category.
I am sure many of the members may have faced a similar Dilemma....Is there any specific solution to this?
To be precise I completed my Diploma from Mumbai & Degree from Pune University, followed by MS in US and currently working on H1B.
Please Advice.
Thanks,
Shakti
You can just show your masters degree and file under EB2. The important thing is the job should require a Masters Degree. Then the USCIS do not care what undergraduate degree you have.
I was reading at some of the posts in this forum and they seem to have been quiet helpful.
My company has decided to go ahead with my GC process.
Its in the very early stage, but my immigration specialist gave me a heads up regarding something.
She said, that as I have a 3 yrs BE degree the USCIS may not recognize me under EB2 category :confused: So I explained her the education system in India, but she said that it depends upon the Credential Evaluation Agency which will process my educational qualification and prepare a report and submit it to USCIS.
Following this USCIS will make a decision whether to grant EB2 or EB3 category.
I am sure many of the members may have faced a similar Dilemma....Is there any specific solution to this?
To be precise I completed my Diploma from Mumbai & Degree from Pune University, followed by MS in US and currently working on H1B.
Please Advice.
Thanks,
Shakti
You can just show your masters degree and file under EB2. The important thing is the job should require a Masters Degree. Then the USCIS do not care what undergraduate degree you have.
more...
makeup Tattoos middot; Page 1. Bow
sanjay02
11-22 04:49 PM
Hi
Any one successful in last 2 weeks in scheduling a Visa appointment in Hyderababad consulate? For last 2 weeks I have been trying to schedule an appointment and it displays message "try after some time" on the vfs-co.in site.
Please let me know if any one was able to do it in last 3 weeks time frame?
Thanks
Sanjay
Any one successful in last 2 weeks in scheduling a Visa appointment in Hyderababad consulate? For last 2 weeks I have been trying to schedule an appointment and it displays message "try after some time" on the vfs-co.in site.
Please let me know if any one was able to do it in last 3 weeks time frame?
Thanks
Sanjay
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deecha
07-26 09:21 AM
Hello everyone,
I got to know about this website recently and I wish I had known it earlier.
Anyway, I need advice/conformation
I got married recently outside the US. However, I did not come back with my wife b/c of a couple of reasons. And I cannot bring her here in the next 3 weeks. (My H1B is getting renewed...)
The company's lawyer is advising me not file for I-485 and wait till I become current again and apply with my wife then. (I am EB3 and my PD is March 2005)
After reading this web and others, if I go ahead and apply now the following are the choices that I have later. Please confirm if I am right or wrong
1. Get every document ready for my wife at all times and apply for I-485 immediately after I become current. As long as they receive her I-485 before they approve mine, she is going to be fine. She will be fine even if they receive her I-485 a day before they approve mine.
2. If my I-485 gets approved before my wife’s I-485 get there, under section 245(k), she has 180 days to send in her I-485 as long as PD is current. And there is no penalty and no other problem with this. She can stay in the country and wait for her I-485 to approve.
3. If I though that it was a grave mistake to apply for my I-485, I can withdraw it before it gets approved and reapply later with my wife’s when I become current again. No problem with this other than paying the fees again.
4. My wife and change her H4 to F1 any time she wants to as long as she goes to school full time. She could be on F1 and apply for I-485 when I become current (I feel uneasy on this one).
Please, let me know if what I listed above is right. These are the only choices that I have ready about. If there are more choices please, let me know that too. I have to make a decision by the end of tomorrow. Thank you all!
If I were you, I would file for my I-485 anyways and then get the wife in on H4, when the H1 extension was approved, as you would still be on H1 status (as long as you did not use the EAD). Have her I-485 ready and as soon as she comes back, send her I-485 in ASAP.
I got to know about this website recently and I wish I had known it earlier.
Anyway, I need advice/conformation
I got married recently outside the US. However, I did not come back with my wife b/c of a couple of reasons. And I cannot bring her here in the next 3 weeks. (My H1B is getting renewed...)
The company's lawyer is advising me not file for I-485 and wait till I become current again and apply with my wife then. (I am EB3 and my PD is March 2005)
After reading this web and others, if I go ahead and apply now the following are the choices that I have later. Please confirm if I am right or wrong
1. Get every document ready for my wife at all times and apply for I-485 immediately after I become current. As long as they receive her I-485 before they approve mine, she is going to be fine. She will be fine even if they receive her I-485 a day before they approve mine.
2. If my I-485 gets approved before my wife’s I-485 get there, under section 245(k), she has 180 days to send in her I-485 as long as PD is current. And there is no penalty and no other problem with this. She can stay in the country and wait for her I-485 to approve.
3. If I though that it was a grave mistake to apply for my I-485, I can withdraw it before it gets approved and reapply later with my wife’s when I become current again. No problem with this other than paying the fees again.
4. My wife and change her H4 to F1 any time she wants to as long as she goes to school full time. She could be on F1 and apply for I-485 when I become current (I feel uneasy on this one).
Please, let me know if what I listed above is right. These are the only choices that I have ready about. If there are more choices please, let me know that too. I have to make a decision by the end of tomorrow. Thank you all!
If I were you, I would file for my I-485 anyways and then get the wife in on H4, when the H1 extension was approved, as you would still be on H1 status (as long as you did not use the EAD). Have her I-485 ready and as soon as she comes back, send her I-485 in ASAP.
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rajeshalex
08-08 02:18 PM
hmm... Was your wife carrying while the medicals submitted?
We are also in a similar situation. But no rfe received for my wife. Anyway my background name check is pending.
We are also in a similar situation. But no rfe received for my wife. Anyway my background name check is pending.
anandrajesh
08-15 11:55 AM
USCIS is making contradictory statements. First they release an update that they have processed all applications mailed before July 1 but when I call customer service and tell them that my application was mailed on June 11 and that I am still waiting for the checks to be cashed they say wait for 90 days.
Welcome to the Weird World of USCIS where there are no rules to be followed.
Welcome to the Weird World of USCIS where there are no rules to be followed.
dpp
01-07 08:25 PM
B. Provisions in Cases of Revocation of the Approved Form I-140
Subject: Guidance for Processing Form I-485 in Accordance with Section 106(c) of AC21
As discussed above, if an alien is the beneficiary of an approved Form I-140 and is also the beneficiary of a Form I-485 that has been pending 180 days or longer, then the approved Form I-140 remains valid with respect to a new offer of employment under the flexibility provisions of �106(c) of AC21.
Accordingly, if the employer withdraws the approved Form I-140 on or after the date that the Form I-485 has been pending 180 days, the approved Form I-140 shall remain valid under the provisions of �106(c) of AC21. It is expected that the alien will have submitted evidence to the office having jurisdiction over the pending Form I-485 that the new offer of employment is in the same or similar occupational classification as the offer of employment for which the petition was filed. Accordingly, if the underlying approved Form I-140 is withdrawn, and the alien has not submitted evidence of a new qualifying offer of employment, the adjudicating officer must issue a Notice of Intent to Deny the pending Form I-485. See 8 CFR 103.2(b)(16)(i). If the evidence of a new qualifying offer of employment submitted in response to the Notice of Intent to Deny is timely filed and it appears that the alien has a new offer of employment in the same or similar occupation, the BCIS may consider the approved Form I-140 to remain valid with respect to the new offer of employment and may continue regular processing of the Form I-485. If the applicant responds to the Notice of Intent to Deny, but has not established that the new offer of employment is in the same or similar occupation, the adjudicating officer may immediately deny the Form I-485. If the alien does not respond or fails to timely respond to the Notice of Intent to Deny, the adjudicating officer may immediately deny the Form I-485.
If approval of the Form I-140 is revoked or the Form I-140 is withdrawn before the alien’s Form I-485 has been pending 180 days, the approved Form I-140 is no longer valid with respect to a new offer of employment and the Form I-485 may be denied. If at any time the BCIS revokes approval of the Form I-140 based on fraud, the alien will not be eligible for the job flexibility provisions of �106(c) of AC21 and the adjudicating officer may, in his or her discretion, deny the attached Form I-485 immediately. In all cases an offer of employment must have been bona fide, and the employer must have had the intent, at the time the Form I-140 was approved, to employ the beneficiary upon adjustment. It should be noted that there is no requirement in statute or regulations that a beneficiary of a Form I-140 actually be in the underlying employment until permanent residence is authorized. Therefore, it is possible for an alien to qualify for the provisions of �106(c) of AC21 even if he or she has never been employed by the prior petitioning employer or the subsequent employer under section 204(j) of the Act.
Subject: Guidance for Processing Form I-485 in Accordance with Section 106(c) of AC21
As discussed above, if an alien is the beneficiary of an approved Form I-140 and is also the beneficiary of a Form I-485 that has been pending 180 days or longer, then the approved Form I-140 remains valid with respect to a new offer of employment under the flexibility provisions of �106(c) of AC21.
Accordingly, if the employer withdraws the approved Form I-140 on or after the date that the Form I-485 has been pending 180 days, the approved Form I-140 shall remain valid under the provisions of �106(c) of AC21. It is expected that the alien will have submitted evidence to the office having jurisdiction over the pending Form I-485 that the new offer of employment is in the same or similar occupational classification as the offer of employment for which the petition was filed. Accordingly, if the underlying approved Form I-140 is withdrawn, and the alien has not submitted evidence of a new qualifying offer of employment, the adjudicating officer must issue a Notice of Intent to Deny the pending Form I-485. See 8 CFR 103.2(b)(16)(i). If the evidence of a new qualifying offer of employment submitted in response to the Notice of Intent to Deny is timely filed and it appears that the alien has a new offer of employment in the same or similar occupation, the BCIS may consider the approved Form I-140 to remain valid with respect to the new offer of employment and may continue regular processing of the Form I-485. If the applicant responds to the Notice of Intent to Deny, but has not established that the new offer of employment is in the same or similar occupation, the adjudicating officer may immediately deny the Form I-485. If the alien does not respond or fails to timely respond to the Notice of Intent to Deny, the adjudicating officer may immediately deny the Form I-485.
If approval of the Form I-140 is revoked or the Form I-140 is withdrawn before the alien’s Form I-485 has been pending 180 days, the approved Form I-140 is no longer valid with respect to a new offer of employment and the Form I-485 may be denied. If at any time the BCIS revokes approval of the Form I-140 based on fraud, the alien will not be eligible for the job flexibility provisions of �106(c) of AC21 and the adjudicating officer may, in his or her discretion, deny the attached Form I-485 immediately. In all cases an offer of employment must have been bona fide, and the employer must have had the intent, at the time the Form I-140 was approved, to employ the beneficiary upon adjustment. It should be noted that there is no requirement in statute or regulations that a beneficiary of a Form I-140 actually be in the underlying employment until permanent residence is authorized. Therefore, it is possible for an alien to qualify for the provisions of �106(c) of AC21 even if he or she has never been employed by the prior petitioning employer or the subsequent employer under section 204(j) of the Act.
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