immi_enthu
06-04 09:40 AM
Hello,
I am on F1 visa from India and doing PhD US university. My husband is in H1B visa from 2007 November. I would like to apply for green card via National Interest Waiver. When I asked an attorny, he said that since you are from India, it will take few years to get EAD. But I read that you can apply I-40 and I-485 concurently and get EAD card in an year.
Can anyone help me please?
It's not cancelled yet. But there's been talk that USCIS may terminate it soon.
http://www.immigration-law.com/Canada.html
05/05/2008: USCIS May Initiate Rule Making Process in June 2008 for Termination of Concurrent I-140/I-485 Filing Procedure
* As we reported earlier, the USCIS has been considering halting the concurrent filing procedure quite some time. Initially it was planning to commence the procedure to publish this proposed rule in November 2008. However, the latest information reflects that the proposed may be released next month, June 2008 with the two months of comment period through August 2008. People are cautioned that this is just a "proposed" rule stage. After the comment period is over, the agency will still have to go through the final rule making procedure with another cycle of OMB review and publication of the rule. There are nothing to panic about at this time. However, people may be conscious of the upcoming change in the filing procedures for I-140 petition and I-485 application from the current single-tier procedure when the visa number is available to the two-tier procedure. Please stay tuned to this website for this important development of immigration procedure changes.
I am on F1 visa from India and doing PhD US university. My husband is in H1B visa from 2007 November. I would like to apply for green card via National Interest Waiver. When I asked an attorny, he said that since you are from India, it will take few years to get EAD. But I read that you can apply I-40 and I-485 concurently and get EAD card in an year.
Can anyone help me please?
It's not cancelled yet. But there's been talk that USCIS may terminate it soon.
http://www.immigration-law.com/Canada.html
05/05/2008: USCIS May Initiate Rule Making Process in June 2008 for Termination of Concurrent I-140/I-485 Filing Procedure
* As we reported earlier, the USCIS has been considering halting the concurrent filing procedure quite some time. Initially it was planning to commence the procedure to publish this proposed rule in November 2008. However, the latest information reflects that the proposed may be released next month, June 2008 with the two months of comment period through August 2008. People are cautioned that this is just a "proposed" rule stage. After the comment period is over, the agency will still have to go through the final rule making procedure with another cycle of OMB review and publication of the rule. There are nothing to panic about at this time. However, people may be conscious of the upcoming change in the filing procedures for I-140 petition and I-485 application from the current single-tier procedure when the visa number is available to the two-tier procedure. Please stay tuned to this website for this important development of immigration procedure changes.
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rrkany
10-20 08:58 AM
On a different note, how safe it is to go for Visa stamping in Canada. My visa stamp in passport expired last year, my H1B is valid untill end of 2007. Will it be ok to go to canada for visa stamping at this stage. Please let me know if anybody has any good/bad experiences with this process.
Thanks
Thanks
GCapplicant
07-11 10:22 AM
Its nice to see EB2 I moving forward...but will this fail the recapture bill for retrogressed countries?
what is the position for EB3 ?I know it must have become a dumb question but would like to know any help for us?
what is the position for EB3 ?I know it must have become a dumb question but would like to know any help for us?
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snarla
06-29 01:59 PM
My lawyers asked me to use the OPT number on all my forms where it asked for A# number of FileNumber ... I did not have a A# number on my I140
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senram
01-20 05:06 PM
I am speculating this. Elite people in USA predicted this situation in early 90s and they put Country quota. We all knew that countries like UK, Germany, France are Staunch Allies of USA for many decades. So USA did not want those country persons to wait years . India was least favored country in past due to many political reasons. Though it is changing now still USA may like to give preference to many of their close Allies. Canada had TN Visa but India does not have similar thing. If this is a speculation then it is possible to change Country Quota. I strongly believe that it is easier to increase GC quota or recapture bill than removing country quota.
At this rate...after couple of years the GC backlog will only be restricted to EB-India
At this rate...after couple of years the GC backlog will only be restricted to EB-India
JunRN
12-18 02:49 PM
Chumki, although it is not required by law, there is a risk of not filing a memo. That is why I am saying it's your decision. Are you taking the risk or not?
You don't "have to", right! But are you willing to take the risk?
In your case, there is no problem even if you join the new company BEFORE 180 days as long as your I-140 is not revoked or should there be an RFE for I-140, the original petitioner will respond to it even though you resigned already.
USCIS does not care if you join the new company before or after 180 days. AC21 rule said that the I-485 is pending for more than 180 days. As long as your I-485 is pending for more than 180 days, it doesn't matter if you worked or not for the original petitioner, you can invoke AC21. USCIS will also not look if you're working for the new employer. ALL USCIS need is an employment offer which is similar to the original LC. "Offer" means you have work AFTER getting the GC.
You don't "have to", right! But are you willing to take the risk?
In your case, there is no problem even if you join the new company BEFORE 180 days as long as your I-140 is not revoked or should there be an RFE for I-140, the original petitioner will respond to it even though you resigned already.
USCIS does not care if you join the new company before or after 180 days. AC21 rule said that the I-485 is pending for more than 180 days. As long as your I-485 is pending for more than 180 days, it doesn't matter if you worked or not for the original petitioner, you can invoke AC21. USCIS will also not look if you're working for the new employer. ALL USCIS need is an employment offer which is similar to the original LC. "Offer" means you have work AFTER getting the GC.
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nk2006
11-12 10:58 AM
Why have you created 56,098 threads on the same topic?
I was trying to post this in each state chapters. Most of state chapters dont have an active thread so created one in some of them. I am just trying to bring attention of any members not aware of this campaign already.
I was trying to post this in each state chapters. Most of state chapters dont have an active thread so created one in some of them. I am just trying to bring attention of any members not aware of this campaign already.
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a_yaja
04-18 09:32 AM
if u like to pay for it, there's already an option for u: EB5. price tag: $500K minimum!
Only in under-developed areas. For a developed area, it is $1 million.
Only in under-developed areas. For a developed area, it is $1 million.
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reddy_h
08-20 09:57 PM
just ignore H-1. you need not worry as you filed AOS. you need the H-1 approval only if you want to keep maintaining H-1 status by filing H-1 transfer with your new employer otherwise you can just ignore the H-1 you already filed. if you still want to revoke the H-1 petition, only your employer can do it as it is your company's petition.
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kevinkris
05-10 12:52 PM
What is the source of the info? Why are you wasting your and our time..
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Saralayar
07-17 05:47 PM
D. JULY EMPLOYMENT-BASED VISA AVAILABILITY
After consulting with Citizenship and Immigration Services, the Visa Office advises readers that Visa Bulletin #107 (dated June 12) should be relied upon as the current July Visa Bulletin for purposes of determining Employment visa number availability, and that Visa Bulletin #108 (dated July 2) is hereby withdrawn.
Does this mean that we have to file I-485 before August 1st?. From August 1st, the August visa bulletin is effective and all the EB category dates are U.:confused:
After consulting with Citizenship and Immigration Services, the Visa Office advises readers that Visa Bulletin #107 (dated June 12) should be relied upon as the current July Visa Bulletin for purposes of determining Employment visa number availability, and that Visa Bulletin #108 (dated July 2) is hereby withdrawn.
Does this mean that we have to file I-485 before August 1st?. From August 1st, the August visa bulletin is effective and all the EB category dates are U.:confused:
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seahawks
10-29 12:22 PM
Follow the instructions that they provided to you and to the P.O box provided by them. Your attorney should have the information on how to go about this. Also provide a small write up with the refiling stating that refiling due to missing signature and put include receipt reference number and details. I think you should be okay.
Again I am not an attorney but please make photocopies of all correspondence before you send it again.
Again I am not an attorney but please make photocopies of all correspondence before you send it again.
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InMess
02-22 09:34 AM
Hi Guys i need some advice/help on my I-140 denial.
I have US masters and 4+years of US job experience and My I-140 was filed in EB2 using a Substitution labor which as the education/experience requirements of (14) Masters+1years experience or (15) Bachelors + 3Years Experience and it was denied without RFE saying the Labor certfication used is not suitable for EB2 as they say EB2 labor should be requiring "Masters or BS+5Years Exp", which makes sense.
So what are my options now
1. Can my attorney file an MTR and request the USCIS to consider mine as a EB3 case, if requested what are the chances of USCIS approving my I-140.
2. Once the MTR is filed to convert from EB2 to EB3, what is the present status of my 485/EAD/AP/FP
3. If the USCIS is okay converting from EB2 to EB3, will the same application's applied ealier for 485/EAD/AP/FP are valid or not?
4. My wife has used her EAD and she is doing a full time job, so now as my I-140 is denied and if an MTR is filed in next few days can she still continue the same job until the decision is made on the I-140 and 485.
5. My wife has an H1 also, so as she used her EAD(which came as my dependent) not with the company which hold's her H1, in this case what would be the status of her H1, can she quit her present job and do another job using her H1, is that H1 still valid.
Thank you all for your advices and help.
I have US masters and 4+years of US job experience and My I-140 was filed in EB2 using a Substitution labor which as the education/experience requirements of (14) Masters+1years experience or (15) Bachelors + 3Years Experience and it was denied without RFE saying the Labor certfication used is not suitable for EB2 as they say EB2 labor should be requiring "Masters or BS+5Years Exp", which makes sense.
So what are my options now
1. Can my attorney file an MTR and request the USCIS to consider mine as a EB3 case, if requested what are the chances of USCIS approving my I-140.
2. Once the MTR is filed to convert from EB2 to EB3, what is the present status of my 485/EAD/AP/FP
3. If the USCIS is okay converting from EB2 to EB3, will the same application's applied ealier for 485/EAD/AP/FP are valid or not?
4. My wife has used her EAD and she is doing a full time job, so now as my I-140 is denied and if an MTR is filed in next few days can she still continue the same job until the decision is made on the I-140 and 485.
5. My wife has an H1 also, so as she used her EAD(which came as my dependent) not with the company which hold's her H1, in this case what would be the status of her H1, can she quit her present job and do another job using her H1, is that H1 still valid.
Thank you all for your advices and help.
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tinuverma
10-23 04:36 PM
Hello OP,
Here is what I did. I have mentioned some tips for you to save money:
Fly to Tulsa. There is tonnes of BUS service from Tulsa to Nogales(AZ). It is damn cheap..I think $10.00
They will drop you at the border. Walk to the other side.
YOU DONT NEED VISA TO GO TO MEXICO IF YOU PLAN TO STAY IN NOGALES ONLY.
I did get a visa but was told it is not needed. No one cares...you can simply walk over..no one will check either.
Cab costs anywhere between 7 and 10 to go to USA consulate.
There is a local bus like blue line in delhi that can take you there too. It is not worth it though. Chances are high that you will get your visa the same day. If not, you can rent hotel for anywhere between 30 and 50.
Take cab come back to border. Walk over...do the same immigration process like you would do at any airport.
Someone up there is right..be prepared to face atleast 150 to 200 Mexican H2 or H3 ...workers. This will be the longest part of your journey.
No need to get any mexican currency. They gladly take USD.
To use your cell phone, come to the border..its a regular within 50 states call from there....as soon as you go like 1 mile inside, you loose signals. Then it becomes international call.
Don't drink water there...drink beer.
If you have any other questions or if I missed anything else that you wanna know..feel free to ask: tinuverma@gmail.com
Good luck.
D
Here is what I did. I have mentioned some tips for you to save money:
Fly to Tulsa. There is tonnes of BUS service from Tulsa to Nogales(AZ). It is damn cheap..I think $10.00
They will drop you at the border. Walk to the other side.
YOU DONT NEED VISA TO GO TO MEXICO IF YOU PLAN TO STAY IN NOGALES ONLY.
I did get a visa but was told it is not needed. No one cares...you can simply walk over..no one will check either.
Cab costs anywhere between 7 and 10 to go to USA consulate.
There is a local bus like blue line in delhi that can take you there too. It is not worth it though. Chances are high that you will get your visa the same day. If not, you can rent hotel for anywhere between 30 and 50.
Take cab come back to border. Walk over...do the same immigration process like you would do at any airport.
Someone up there is right..be prepared to face atleast 150 to 200 Mexican H2 or H3 ...workers. This will be the longest part of your journey.
No need to get any mexican currency. They gladly take USD.
To use your cell phone, come to the border..its a regular within 50 states call from there....as soon as you go like 1 mile inside, you loose signals. Then it becomes international call.
Don't drink water there...drink beer.
If you have any other questions or if I missed anything else that you wanna know..feel free to ask: tinuverma@gmail.com
Good luck.
D
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PD_Dec2002
07-10 12:15 PM
Even one of your reputed member (Rajiv Khanna @ immigration.com) posted in his website that chance of winning the law suit is very minimum.
He posted in his website as follows: "Please note folks, I don�t think this class will be easily approved by courts. CIS could argue a lot of things against it, which I don�t wish to publish in an open forum."
Corrections.
1. RK is no longer a member of AILA.
2. Also, in this specific quote, RK is not talking about the outcome of the law suit. He's only talking about the chance of the court accepting the defined "class".
On a separate note, RK has mentioned on several occasions, winning the lawsuit is a long shot. You can even hear his recorded conference call from last week.
Thanks,
Jayant
He posted in his website as follows: "Please note folks, I don�t think this class will be easily approved by courts. CIS could argue a lot of things against it, which I don�t wish to publish in an open forum."
Corrections.
1. RK is no longer a member of AILA.
2. Also, in this specific quote, RK is not talking about the outcome of the law suit. He's only talking about the chance of the court accepting the defined "class".
On a separate note, RK has mentioned on several occasions, winning the lawsuit is a long shot. You can even hear his recorded conference call from last week.
Thanks,
Jayant
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prdgl
02-13 10:05 PM
Thanks a lot. This is more in depth and I am not understood how these things work.
So if I have MS+ 0 then I think I have to post my ad for JobZone 5. In that case, my SVP will be 7 because MS = 4 yrs and 0 expr = nothing. So i will not exceed SVP 7.
So is the combination,
JobZone 5 with an SVP 7 will work for MS+0.
Also for a software developer or related work, i don't see JobZone5. What kind of positions suit for JobZone 5 in software developers world ?
Anybody know about these things ? please drop in your thoughts
Thanks
So if I have MS+ 0 then I think I have to post my ad for JobZone 5. In that case, my SVP will be 7 because MS = 4 yrs and 0 expr = nothing. So i will not exceed SVP 7.
So is the combination,
JobZone 5 with an SVP 7 will work for MS+0.
Also for a software developer or related work, i don't see JobZone5. What kind of positions suit for JobZone 5 in software developers world ?
Anybody know about these things ? please drop in your thoughts
Thanks
more...
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leoindiano
09-06 03:27 PM
AmericanDesi,
you hit the nail on its head.
USCIS online processing for EAD and AP is delayed by 2 to 3 months compared to paper filing. Online filing was to make it transparent, expedite the process. It is working exactly opposite.
you hit the nail on its head.
USCIS online processing for EAD and AP is delayed by 2 to 3 months compared to paper filing. Online filing was to make it transparent, expedite the process. It is working exactly opposite.
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spicy_guy
09-04 06:01 PM
Hello,
Last November I quit my job in the US and left the country as well. Two days ago, I received an email saying my 485 is approved, and card production was ordered. The card will go to an address in the US where someone can forward me the mail.
What should I do? Try to enter the U.S. with the card? What to say to POE officials? WIll I be questioned?
Thanks.
If you have AP you will be able to enter into the country without any issues / questions.
Last November I quit my job in the US and left the country as well. Two days ago, I received an email saying my 485 is approved, and card production was ordered. The card will go to an address in the US where someone can forward me the mail.
What should I do? Try to enter the U.S. with the card? What to say to POE officials? WIll I be questioned?
Thanks.
If you have AP you will be able to enter into the country without any issues / questions.
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snathan
05-20 12:28 PM
Its part of a puzzle game.
She is posting one fraction of the question one site, other fractions on other site.
Now you have to assemble all pieces together and respond to her.
If you win, you get to date her. She is only looking for smart guys and this explains the plot :D
If you win, her husband will be after you...:D
She is posting one fraction of the question one site, other fractions on other site.
Now you have to assemble all pieces together and respond to her.
If you win, you get to date her. She is only looking for smart guys and this explains the plot :D
If you win, her husband will be after you...:D
niraja74
07-23 12:44 AM
Hi,
I am going to file for I-485 as the PD is current for all till 17-Aug-2007. I got my LC was approved in Oct-2006 and I-140 in Feb-2007. I am working on H1B visa and my current H1B visa is expiring on 03-Jan-2008 (about 5 months left from now).
So can I apply for I-485 with less than 6 months left in my H1B? Although I still have 2 years left in my 6 year's counter.
Also if I apply for I-485 now without filing for H1B exension can I file for H1B extension later on say (in Sep. 2007)?
Thanks in advance.
Niraja
I am going to file for I-485 as the PD is current for all till 17-Aug-2007. I got my LC was approved in Oct-2006 and I-140 in Feb-2007. I am working on H1B visa and my current H1B visa is expiring on 03-Jan-2008 (about 5 months left from now).
So can I apply for I-485 with less than 6 months left in my H1B? Although I still have 2 years left in my 6 year's counter.
Also if I apply for I-485 now without filing for H1B exension can I file for H1B extension later on say (in Sep. 2007)?
Thanks in advance.
Niraja
lazycis
11-29 04:00 PM
United States Code
TITLE 8 > CHAPTER 12 > SUBCHAPTER II > � 1154. Procedure for granting immigrant status
...
(j) Job flexibility for long delayed applicants for adjustment of status to permanent residence
A petition under subsection (a)(1)(D) of this section for an individual whose application for adjustment of status pursuant to section 1255 of this title has been filed and remained unadjudicated for 180 days or more shall remain valid with respect to a new job if the individual changes jobs or employers if the new job is in the same or a similar occupational classification as the job for which the petition was filed.
So the 180 days count starts from the I-485 RD. Not even notice date.
TITLE 8 > CHAPTER 12 > SUBCHAPTER II > � 1154. Procedure for granting immigrant status
...
(j) Job flexibility for long delayed applicants for adjustment of status to permanent residence
A petition under subsection (a)(1)(D) of this section for an individual whose application for adjustment of status pursuant to section 1255 of this title has been filed and remained unadjudicated for 180 days or more shall remain valid with respect to a new job if the individual changes jobs or employers if the new job is in the same or a similar occupational classification as the job for which the petition was filed.
So the 180 days count starts from the I-485 RD. Not even notice date.
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