jlt007us
09-14 01:20 PM
Case 2:
I don't think you even qualify for applying under the case 2 as the labor has aged out. Your I140 has to be applied within 6 months of labor approval.
But as your labor was approved before this came into effect, the last date for applying is Jan 2008. You are fine there.
1. As you say it is a complicated case, Discuss if the ability to pay issues which resulted in 2 denials is worth an MTR.
2. EAD/AP based on filing of case 2 is invalid.
3. Depends on what you are working on? H1b? EAD?
The recent I-140 that has been denied is based on case 2. Though I have multiple labours, I always had one active I-140 in processing. As my H1 was denied and is pending an appeal, I believe my EAD automatically kicked in as that is valid.
I don't think you even qualify for applying under the case 2 as the labor has aged out. Your I140 has to be applied within 6 months of labor approval.
But as your labor was approved before this came into effect, the last date for applying is Jan 2008. You are fine there.
1. As you say it is a complicated case, Discuss if the ability to pay issues which resulted in 2 denials is worth an MTR.
2. EAD/AP based on filing of case 2 is invalid.
3. Depends on what you are working on? H1b? EAD?
The recent I-140 that has been denied is based on case 2. Though I have multiple labours, I always had one active I-140 in processing. As my H1 was denied and is pending an appeal, I believe my EAD automatically kicked in as that is valid.
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kshitijnt
04-16 11:59 AM
Best thing to do is, go out, take a stamp and reenter. No harm in that. If the I-94 is not attached to the approved L1A, then it is illegal otherwise it is legal.
alvin
01-18 11:01 PM
As far as I know:
if your E3 (approved) priority date is current for E2 (approved), you can file 485 (in E2) requesting to use the earliest (E3) priority date. From my understanding, you may be able to do it even when your E2 is pending - but it may be better to wait till you get the E2 approved. Hope it clarifies your question.
if your E3 (approved) priority date is current for E2 (approved), you can file 485 (in E2) requesting to use the earliest (E3) priority date. From my understanding, you may be able to do it even when your E2 is pending - but it may be better to wait till you get the E2 approved. Hope it clarifies your question.
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sledge_hammer
06-29 10:34 AM
I thought of adding that in the poll as I am in a similar situation. The only difference for me is that the attorney is a very big law firm and are EXTREMELY busy. My compnay is not able to do anything either since their involvement in I-485 is negligible.
I am in a bit of a pickle here :(
How about adding "No control as Lawyer will not inform when he will file".
This option may be valid for many users using the Corporate attorney.
I am in a bit of a pickle here :(
How about adding "No control as Lawyer will not inform when he will file".
This option may be valid for many users using the Corporate attorney.
more...
javadeveloper
07-27 03:13 PM
My attorney tells me they don't give employees copies of labor applications.
Is this normal? Would I need it in future - if I switch jobs 180 days after 485 etc?
You don't need it If you stick to your employer till you get you GC.If you want to switch to other employer after 180 days of RD(Using AC21) , then you need to know the the position/title of your Labor (It's written on the Labor Certification) , because you have to accept a job with the same position/title with the new employer.Correct me if I am wrong.
Is this normal? Would I need it in future - if I switch jobs 180 days after 485 etc?
You don't need it If you stick to your employer till you get you GC.If you want to switch to other employer after 180 days of RD(Using AC21) , then you need to know the the position/title of your Labor (It's written on the Labor Certification) , because you have to accept a job with the same position/title with the new employer.Correct me if I am wrong.
rpulipati
09-08 01:03 PM
internet, i updated my signature to indicate: attending for rally. can you please do the same. If you dont know what extactly IV is asking law-makers in rally, please do not worry to answer.
JazzByTheBay, Thanks for your response.
I understand a fixed proposal is not in place yet. Is it not wise to propose a bill ASAP before rally? Are there any benchmarks for rally? Having a fixed proposal in hand may will help clear representation.
Law-makers may not understand, if we just say, expedite our GC applications. They understand bills.
Note: When supporters of illegal immigrantion did the rally, they wanted CIR to be passed.
As mentioned before, I have good faith in IV & attending rally. So, people dont drag around it.
The clear answer is:
We are doing this rally to get greencards.
Do you want to get it or not?
If yes, then come.
If no, then go back to where you came from.
JazzByTheBay, Thanks for your response.
I understand a fixed proposal is not in place yet. Is it not wise to propose a bill ASAP before rally? Are there any benchmarks for rally? Having a fixed proposal in hand may will help clear representation.
Law-makers may not understand, if we just say, expedite our GC applications. They understand bills.
Note: When supporters of illegal immigrantion did the rally, they wanted CIR to be passed.
As mentioned before, I have good faith in IV & attending rally. So, people dont drag around it.
The clear answer is:
We are doing this rally to get greencards.
Do you want to get it or not?
If yes, then come.
If no, then go back to where you came from.
more...
imm_check
11-05 09:01 AM
I think this has happened a lot and not sonething to worry about before December. If by then you haven't received the receipt - then call them.
Thanks to one and all for your feedback....i shall wait for some more days before talking to USICS
Thanks to one and all for your feedback....i shall wait for some more days before talking to USICS
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Becks
03-16 10:16 AM
This is very good post. I have been waiting for this news where we enter when not working for GC sponsoring employer.
Thanks for sharing.
Thanks for sharing.
more...
mariner5555
01-15 06:51 AM
if you want networking and be independent then you can join Amway :D.
am joking ofcourse
am joking ofcourse
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dpp
06-27 11:41 AM
I filed my 485 last week and didn't file for EAD. My spouse is filing 485 next week and i will be a dependent in that application. If i apply for EAD in his application, can i use it to invoke AC21 if i have to change job after 6 months under my 485?
I have read here that EAD is not necessary for AC21, but my lawyer said its needed.
You cannot file more than one AOS petition per applicant. They may reject all of them. Otherwise it will be a mess like how it is there now for PERM and I-140 petitions.
I have read here that EAD is not necessary for AC21, but my lawyer said its needed.
You cannot file more than one AOS petition per applicant. They may reject all of them. Otherwise it will be a mess like how it is there now for PERM and I-140 petitions.
more...
shruthii_1210@yahoo.com
09-30 08:05 PM
All the above answers are favor to the employer and not to us (employee).
Can any of you help by posting some ideas (for changing the employer before 180 with the approved i140 and EAD cards) in favor of the employee bcz i am really very sad about my situation. plz help brothers !!
Thanks
karthick
Can any of you help by posting some ideas (for changing the employer before 180 with the approved i140 and EAD cards) in favor of the employee bcz i am really very sad about my situation. plz help brothers !!
Thanks
karthick
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vin13
03-09 01:20 PM
Just in-case one gets layed-off and has an EAD, can that person buy a 7-Eleven or a Gas Station?
Can the EAD holder actually run the gas station/7-eleven by working/being present there? (Maybe he/she can work there and take all the profit but no salary).
What happens if there is an RFE asking for proof of employment during this period?
You will have to persue your gas station business parallel to your GC job (or similar job if you are using AC-21 portability).
Can the EAD holder actually run the gas station/7-eleven by working/being present there? (Maybe he/she can work there and take all the profit but no salary).
What happens if there is an RFE asking for proof of employment during this period?
You will have to persue your gas station business parallel to your GC job (or similar job if you are using AC-21 portability).
more...
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xgoogle
06-25 10:52 AM
Thanks so much for clearing our doubts.
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gcpain
07-24 02:24 PM
Hello Guys,
My attorney send I485,AP, EAD application to USCIS with my present passport. This passport expires on August 08, 2007. Will there be any problems for this? Please let me know. Thanks......
My attorney send I485,AP, EAD application to USCIS with my present passport. This passport expires on August 08, 2007. Will there be any problems for this? Please let me know. Thanks......
more...
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donsimahajan
06-20 05:46 PM
The reason why EB2 India is moving so fast is because people with 2001 PDs are stuck in BECs. Once they come to apply for I-140/I-485, EB2 India PD will retrogress to 2001 again. So the progress you are watching is an illusion.
That's a good point. It will be terrible to see the dates retrogress again. There's no end to this.
Donsi
That's a good point. It will be terrible to see the dates retrogress again. There's no end to this.
Donsi
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perm2gc
11-07 04:09 PM
My H1 is approved on Oct 23, 2006. I was on F1. Before my OPT grace period expired on July 20, 2006, I enrolled in a school with new I-20 on July 5th, 2006. I have been taking one class every month for last three months to maintain full time status. If I stop taking classes now, would it be a some kind of problem when I go for visa stamping?
if possible try to complete the course or take CPT ...As of now you are in legal status only but if you dont complete your course..you may have some tough questions to answer when you go for visa stamping.. also try to search in murthy..you will have lot more information.
good luck!!!
if possible try to complete the course or take CPT ...As of now you are in legal status only but if you dont complete your course..you may have some tough questions to answer when you go for visa stamping.. also try to search in murthy..you will have lot more information.
good luck!!!
more...
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neelu
07-17 12:17 AM
Hi Kanaka,
Unfortunately, any medical exams/tests conducted in India and any documents resulting from such are not valid.
Your best bet is to bring your family back and respond to the RFE with documentation based in the US.
Hope this helps.
Hi,
My wife's I-485 got a REF and I have received the alert. I have not received the actual document. When we went for medical exam in 2006, she was pregnant and one of the vaccine was not given. I am expecting the REF would ask for the remaining tests.
Right now my family is in Hyderabad, India. Is there any provision in Hyderabad to complete medical exam ? or I need to bring them back to US ?
Thanks for the help.
Kanaka
Unfortunately, any medical exams/tests conducted in India and any documents resulting from such are not valid.
Your best bet is to bring your family back and respond to the RFE with documentation based in the US.
Hope this helps.
Hi,
My wife's I-485 got a REF and I have received the alert. I have not received the actual document. When we went for medical exam in 2006, she was pregnant and one of the vaccine was not given. I am expecting the REF would ask for the remaining tests.
Right now my family is in Hyderabad, India. Is there any provision in Hyderabad to complete medical exam ? or I need to bring them back to US ?
Thanks for the help.
Kanaka
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perm2gc
06-30 01:03 AM
I was listing to NPR Diane Rim show. Not sure who guests were. But When Diana asked if there is any chance that bill might come back.. He said, no bill won't come back but there is chance that some pieces of immigration may come in seperate pieces in around sep. He did say some bill might come for High skilled.. He gave example of Bill Clinton's health care immigration bill.
Anybody got chance to hear to NPR today?
i heard it
Anybody got chance to hear to NPR today?
i heard it
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gcwait2007
12-08 07:18 PM
USCIS Ombudsman resolves general issues like delay in NSC for I-140 approvals.
I found the following in DHS website:
CIS Ombudsman - Send Your Recommendations
Your recommendations are accepted and encouraged. The Ombudsman is dedicated to identifying systemic problems in the immigration benefits process and preparing recommendations for submission to U.S. Citizenship and Immigration Services (USCIS) for process changes. The Ombudsman believes that process change recommendations from individuals like you represent one of the best sources for identifying systemic problems in the immigration benefits process.
Ideally, your recommendations for process changes should not only identify the problem you are experiencing, but should also contain a proposed solution that will not only benefit your individual case, but others who may be experiencing the same problem as well.
The CIS Ombudsman is dedicated to open and accessible communication with both individuals and employers and not only welcomes, but encourages your comments.
Send your comments, examples, and suggestions to the Ombudsman at cisombudsman@dhs.gov
Mailing Address:
Citizenship and Immigration Services Ombudsman
ATTN: Recommendations
United States Department of Homeland Security
Mail Stop 1225
Washington, D.C. 20528-1225
Please note: If you are attempting to submit a case problem to the attention of the CIS Ombudsman, please follow the instructions listed under Case Problems.
Please note that the CIS Ombudsman is not part of USCIS. The CIS Ombudsman is a separate office within the Department of Homeland Security dedicated to improved national security, efficiency, and improved customer service in the immigration benefits process.
http://www.dhs.gov/xabout/structure/editorial_0501.shtm
There is also a tele-conference happening on 14-Dec-2007 from 1.30 pm to 2.30 pm EST. For attending the call, you need to send email for getting you invited.
I request Leaders of Immigration Voice to decide whether they can take-up with USCIS Ombudsman.
Thanks
I found the following in DHS website:
CIS Ombudsman - Send Your Recommendations
Your recommendations are accepted and encouraged. The Ombudsman is dedicated to identifying systemic problems in the immigration benefits process and preparing recommendations for submission to U.S. Citizenship and Immigration Services (USCIS) for process changes. The Ombudsman believes that process change recommendations from individuals like you represent one of the best sources for identifying systemic problems in the immigration benefits process.
Ideally, your recommendations for process changes should not only identify the problem you are experiencing, but should also contain a proposed solution that will not only benefit your individual case, but others who may be experiencing the same problem as well.
The CIS Ombudsman is dedicated to open and accessible communication with both individuals and employers and not only welcomes, but encourages your comments.
Send your comments, examples, and suggestions to the Ombudsman at cisombudsman@dhs.gov
Mailing Address:
Citizenship and Immigration Services Ombudsman
ATTN: Recommendations
United States Department of Homeland Security
Mail Stop 1225
Washington, D.C. 20528-1225
Please note: If you are attempting to submit a case problem to the attention of the CIS Ombudsman, please follow the instructions listed under Case Problems.
Please note that the CIS Ombudsman is not part of USCIS. The CIS Ombudsman is a separate office within the Department of Homeland Security dedicated to improved national security, efficiency, and improved customer service in the immigration benefits process.
http://www.dhs.gov/xabout/structure/editorial_0501.shtm
There is also a tele-conference happening on 14-Dec-2007 from 1.30 pm to 2.30 pm EST. For attending the call, you need to send email for getting you invited.
I request Leaders of Immigration Voice to decide whether they can take-up with USCIS Ombudsman.
Thanks
ys2jax
07-14 09:38 AM
i thought india EB quota had a hard constraint of 7% but 17000 seems to be much higher than that out of the total 140K, can somebody explain
antony
03-25 10:48 AM
Thanks Administrator2. I will email my home number and you guys can call me after 5.30 PM EST.
My director called me again and told me that since I have already applied for my GC, they are ready to keep me as a contractor for 1 year so that I can have my GC and join them. I told her that my Labor certification wont complete by then and there are 2-3 more processes after that. They are really surprised to hear that GC for qualified ppl takes 5-8 years...
My director called me again and told me that since I have already applied for my GC, they are ready to keep me as a contractor for 1 year so that I can have my GC and join them. I told her that my Labor certification wont complete by then and there are 2-3 more processes after that. They are really surprised to hear that GC for qualified ppl takes 5-8 years...
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