amsgc
06-15 11:46 PM
WE are in the same situation. Even our company lawyers said the same thing i.e no risk. However, a lot of messages I have seen recommend switching to H4; but then she will have to stop working for some time.
If you read the instructions for I-485, nowhere does it require you to be on a non immigrant visa, with dual intent, to apply for I-485.
I tried to read the instructions from the standpoint of a student, and I did not find anything that says I cannot apply to adjust status. All they want is proof of your status and admission.
Also, we have someone in our company who will go for Eb1, and is on OPT (which is not a status, F1 is). He was told that he can apply for I-140!
If you read the instructions for I-485, nowhere does it require you to be on a non immigrant visa, with dual intent, to apply for I-485.
I tried to read the instructions from the standpoint of a student, and I did not find anything that says I cannot apply to adjust status. All they want is proof of your status and admission.
Also, we have someone in our company who will go for Eb1, and is on OPT (which is not a status, F1 is). He was told that he can apply for I-140!
desigun
04-26 05:41 PM
Only yesterday i called up to check for my mom, who will be coming to US from India. The CS rep clearly told me that she is allowed 2 X 50 lbs and 1 Carry on (18lbs) in her journey.
nozerd
01-17 01:55 PM
Check website of consulate. I know Houston consulate webiste is
www.cgihouston.org
You will have to go to the one in your jurisdiction.
www.cgihouston.org
You will have to go to the one in your jurisdiction.
san3297
11-10 01:52 PM
Anyone came across this scenario...
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ikass
08-10 08:47 PM
IV team - This is a good chance and worthy one to lobby for. Any updates/leadership on this would be appreciated.
Thanks,
Thanks,
narikg
06-15 11:09 PM
Passport should be valid for more than 6 months for applying I 485.
If somebody can answer that would begreat
If somebody can answer that would begreat
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DesiTech
06-01 06:25 PM
hi viewers,
any help will be appreciate in this matter. MY PD is June/2003 and my i-140 approved few weeks back. When can I file my 485 ? do I need to wait till PD ?
Also can I transfer to other company maintaining my approved i-140 and PD ?
What are risks involved here.
Thanks U all in advance.
any help will be appreciate in this matter. MY PD is June/2003 and my i-140 approved few weeks back. When can I file my 485 ? do I need to wait till PD ?
Also can I transfer to other company maintaining my approved i-140 and PD ?
What are risks involved here.
Thanks U all in advance.
GCAmigo
05-22 12:04 PM
ALL of them will fedex overnight to reach the concerned office by June1st..
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bigboy007
10-11 05:01 PM
Thanks for replying... Appreciate it ....
I believe the 180 days starts from the day of 485 notice date and not 140 approval. I had confirmed this with my attorney (both my personal one and the companies )before making the shift and I had and RFE on my 485 in June 09 and nothing after that. I would assume that USCIS was happy with my response and the case might have been pre-adjudicated.
As per Ron, one cannot apply for H1B renewals based on revoked 140's. I wanted to see if anyone here has done it successfully. I will check with my attorney as well as my companies attorney.
180 days is from when 485 filed as per yates memo... Check with attorney and you should be fine I dont want to draw conclusions here though. You may need to switch to AC21 aka use the EAD.. again I am not the lawyer here just coughing up what i know. H1B may be renewed if you have any of 6 years left. Why does he need to start entire GC process for just renewing H1B i dont understand.
I believe the 180 days starts from the day of 485 notice date and not 140 approval. I had confirmed this with my attorney (both my personal one and the companies )before making the shift and I had and RFE on my 485 in June 09 and nothing after that. I would assume that USCIS was happy with my response and the case might have been pre-adjudicated.
As per Ron, one cannot apply for H1B renewals based on revoked 140's. I wanted to see if anyone here has done it successfully. I will check with my attorney as well as my companies attorney.
180 days is from when 485 filed as per yates memo... Check with attorney and you should be fine I dont want to draw conclusions here though. You may need to switch to AC21 aka use the EAD.. again I am not the lawyer here just coughing up what i know. H1B may be renewed if you have any of 6 years left. Why does he need to start entire GC process for just renewing H1B i dont understand.
dealsnet
12-28 12:50 PM
I am waiting to see this. They put old date, not released on Dec. 14th. They just change the ate from Nov. 14 to Dec. 14 th. Just make us fools.
see my thread about this:
http://immigrationvoice.org/forum/showthread.php?t=16229
Which world are u? These dates are there online for more than 2 weeks now.
see my thread about this:
http://immigrationvoice.org/forum/showthread.php?t=16229
Which world are u? These dates are there online for more than 2 weeks now.
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ghost
09-22 06:06 PM
I don't think that would be okay as you would then be jumping the hoop of I-140. I think we should just stay with the modest request of "filing 485" without visa number availability.
even if we can file for 485, the only possible way to move is by using AC-21 provisions, correct?
Also, when using AC-21 provisions to shift the job, do we need to ensure that the job description and responsibilities are similar to the previous job?
TIA
even if we can file for 485, the only possible way to move is by using AC-21 provisions, correct?
Also, when using AC-21 provisions to shift the job, do we need to ensure that the job description and responsibilities are similar to the previous job?
TIA
smisachu
05-13 03:51 PM
[QUOTE=michael_trs;1852366]Smisachu, I agree, I need to add alternative education� thank you for your advice.
What about �requirements normal for the occupation� is this Yes or No for Master's + 5 years ?
What is your experience?[/QUOTE
Yes. That's a little dicy for Software Developer. Maybe you work in a sepcific skill and can elaborate on that.
For me I work in a field with very specific skills and my Job title was also more specific than this. We put MS+3 and that 3 years have to be spent working in one particular area and must have acquired a set of specific skills. So the requirements for my occupation were normal and we said yes.
What about �requirements normal for the occupation� is this Yes or No for Master's + 5 years ?
What is your experience?[/QUOTE
Yes. That's a little dicy for Software Developer. Maybe you work in a sepcific skill and can elaborate on that.
For me I work in a field with very specific skills and my Job title was also more specific than this. We put MS+3 and that 3 years have to be spent working in one particular area and must have acquired a set of specific skills. So the requirements for my occupation were normal and we said yes.
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desi3933
03-03 12:30 PM
Desi, Thanks for the translation, it was very helpful. However, I failed to find in this document anywhere that a PD obtained from EB application can not be ported to an FB category.
Its not even for ENTIRE employment based category either.
As mentioned in the document, porting applies ONLY for immigrant petitions (I-140) approved under EB-1, EB-2 or EB-3 classification.
PD can NOT be ported for EB-4 and EB-5 either.
__________________
Not a legal advice.
Its not even for ENTIRE employment based category either.
As mentioned in the document, porting applies ONLY for immigrant petitions (I-140) approved under EB-1, EB-2 or EB-3 classification.
PD can NOT be ported for EB-4 and EB-5 either.
__________________
Not a legal advice.
BornConfused
07-03 09:43 AM
I'll draw a flower and send it, how is that? After all the $$$ spent on the lawyer and this whole fiasco in general, I ain't spendin' a penny more on them:mad:
Maybe a stinky garden weed. It's the thought that counts:D.
Maybe a stinky garden weed. It's the thought that counts:D.
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sammyb
09-04 05:31 PM
I already got a denial of my wife's application and had to pay $585 for the MTR :mad: ... that would be a nice source of revenue for the agency...
They have to advance the dates down the line to get more fees in order to keep the dumdums employed at the USCIS.........
That does not mean it translates into GCs.....its just more people get EADs and APs and continued revenue for USCIS.
I also won't be surprized if the fees go up in the next round.
Also until the CIR is passed there is no way they will eliminate the backlog as that will mean giving up their "cash cows"===a.k.a "us".......
Here is what I beleive will happen until amnesty is enacted(whether we like it or not our fate is tied to the illegals):
1. Dates will be moved forward and backward randomly to get more fees from new and old suckers like us(everytime the dates move fwd they raise our hopes and we hang on longer).....they don't want us to leave...they just want us to keep paying for their jobs...so as Obama says......"keep the HOPE train alive" even if its not moving an inch.
2. Increase the fees.....
3. Increase the rate of denials: more denials mean more MTRs mean more revenue......
Its a business and you will do whatever to survive.........nothing personal........
They have to advance the dates down the line to get more fees in order to keep the dumdums employed at the USCIS.........
That does not mean it translates into GCs.....its just more people get EADs and APs and continued revenue for USCIS.
I also won't be surprized if the fees go up in the next round.
Also until the CIR is passed there is no way they will eliminate the backlog as that will mean giving up their "cash cows"===a.k.a "us".......
Here is what I beleive will happen until amnesty is enacted(whether we like it or not our fate is tied to the illegals):
1. Dates will be moved forward and backward randomly to get more fees from new and old suckers like us(everytime the dates move fwd they raise our hopes and we hang on longer).....they don't want us to leave...they just want us to keep paying for their jobs...so as Obama says......"keep the HOPE train alive" even if its not moving an inch.
2. Increase the fees.....
3. Increase the rate of denials: more denials mean more MTRs mean more revenue......
Its a business and you will do whatever to survive.........nothing personal........
rakesh_one
03-19 11:44 AM
Just wondering, a 2005 check is a very valid check. A check with future date is not valid for cashing immediatly. This may be invalid if the lawyer didnt had the account in 2005.
My LCA was approved in July 2007.
My lawyer sent the I-14 application to USCIS in January 2008 before the 180 day period but my employer dated the USCIS fee check as 2005.
The USCIS returned the application asking us to re-send the application with a new check.
My lawyer sent the application again with a new check but by the time this application reached USCIS the 180 day period was over and USCIS returned the application again stating that my 180 period is over and they cannot accept the I-140 application now.
I am in the process of filing a fresh Labor Cert again. I guess now I will get a priority date of July 2008 and therefore I am losing 1 whole year in this process.
Is there a way out and will USCIS accept my application? The bad part here is the first application sent was before time but the check date was wrong.
All suggestions are highly appreciated.
My LCA was approved in July 2007.
My lawyer sent the I-14 application to USCIS in January 2008 before the 180 day period but my employer dated the USCIS fee check as 2005.
The USCIS returned the application asking us to re-send the application with a new check.
My lawyer sent the application again with a new check but by the time this application reached USCIS the 180 day period was over and USCIS returned the application again stating that my 180 period is over and they cannot accept the I-140 application now.
I am in the process of filing a fresh Labor Cert again. I guess now I will get a priority date of July 2008 and therefore I am losing 1 whole year in this process.
Is there a way out and will USCIS accept my application? The bad part here is the first application sent was before time but the check date was wrong.
All suggestions are highly appreciated.
more...
coolngood4u80
10-20 12:12 PM
This is going nowhere... Guys what are prospects of Grassley winning the Nov elections...I hope he looses
thomachan72
09-08 01:19 PM
Both Shaktisagar and Greyhair make very valid points. Which side wins the argument well only time will tell. Nothing works the way it ideally should. The world is evolving and this recession and all this policies are all part of the evolution. People have started rethinking the value of having money versus true peace/hapiness slowly. In the US the disparity was partly hidden by the "plastic". Everybody was given a plastic and everybody could buy and live the "dream". Well that has just about ended to some extent. The problem is that, it is just about begining in Indian/china/brazil and russia.
What brings real peace/hapiness? Once 3rd world citizens (like Indians) get over the issue of "am I better than my neighbour?" India will progress towards its real goal very fast. The real goal being true peace and hapiness rather than the pseudo/fancy/fantasy/unreal/materialistic world that is propagated by the media.
If only we all had easy access to our inner ability for tremendous patience to tide over this process of evolution.......But it lies beyond our reach while we lie rolling in the misery created by our thoughts and desires.........
What brings real peace/hapiness? Once 3rd world citizens (like Indians) get over the issue of "am I better than my neighbour?" India will progress towards its real goal very fast. The real goal being true peace and hapiness rather than the pseudo/fancy/fantasy/unreal/materialistic world that is propagated by the media.
If only we all had easy access to our inner ability for tremendous patience to tide over this process of evolution.......But it lies beyond our reach while we lie rolling in the misery created by our thoughts and desires.........
cbpds
06-01 07:00 PM
Cant agree with you more, the below request should be dealt with separately instead of been clubbed with other major issues( akin to legal immigration clubbed with CIR), will need Congress approval though.
Request IV to highlight this issue separately as it will surely help a small section hanging between H1 and EAD, who are not in the "safe" zone.
There should be boat load of people who have their I140 approved and stuck. Irrespective of the population, it is important that this be addressed. They are one job away from loosing status. By issuing a 3 year employer independent EAD before a PR number becomes available is worthy cause. By this way, everyone in the pipeline knows that someday their paperwork will be cleared for good and until then they have the EAD to keep them going. The very fact that an I140 has been approved for a petitioner and the intent to immigrate has been approved, should allow the petitioner the temporary relief of having the choice to work and live little better. The the only thing that is preventing your status validated is the availability of Visa number, which is more of a procedural/legislative issue. So, hope this request is pushed in one or another form.
Request IV to highlight this issue separately as it will surely help a small section hanging between H1 and EAD, who are not in the "safe" zone.
There should be boat load of people who have their I140 approved and stuck. Irrespective of the population, it is important that this be addressed. They are one job away from loosing status. By issuing a 3 year employer independent EAD before a PR number becomes available is worthy cause. By this way, everyone in the pipeline knows that someday their paperwork will be cleared for good and until then they have the EAD to keep them going. The very fact that an I140 has been approved for a petitioner and the intent to immigrate has been approved, should allow the petitioner the temporary relief of having the choice to work and live little better. The the only thing that is preventing your status validated is the availability of Visa number, which is more of a procedural/legislative issue. So, hope this request is pushed in one or another form.
reddog
01-21 11:03 AM
Money.........
nonimmigrant
03-31 06:16 PM
Congratulations. Enjoy your freedom.
What is the process did you followed to port from EB3 to EB2 ?
New Labor with EB2 Job requirements
I-140 Approval
Port Over EB3 priority to EB2 after I-140 Approval
(or)
Do we have any other route to port over from EB3 to EB2.
What is the process did you followed to port from EB3 to EB2 ?
New Labor with EB2 Job requirements
I-140 Approval
Port Over EB3 priority to EB2 after I-140 Approval
(or)
Do we have any other route to port over from EB3 to EB2.
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