Soul
05-30 05:12 PM
:P
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gkaplan
04-23 12:35 PM
Hello thanks for the reply.
By applying for a petition did you mean:
- give the job advertisement in a newsletter,
- get the LCA
- then apply for a petition - I-129
>> what is the time frame for this petition application?
- apply for the waiver (i mean J1 applies and gets it lets say in 2-3 months)
>> i'll be still working with my J2 EAD, during waiver comes.
- once the waiver comes, then what is the procedure?\
Thanks again!
By applying for a petition did you mean:
- give the job advertisement in a newsletter,
- get the LCA
- then apply for a petition - I-129
>> what is the time frame for this petition application?
- apply for the waiver (i mean J1 applies and gets it lets say in 2-3 months)
>> i'll be still working with my J2 EAD, during waiver comes.
- once the waiver comes, then what is the procedure?\
Thanks again!
my2cents
08-05 11:36 AM
Time and again - there are confilicting opinion from attorneys.
My attorney ( and i trust her) said that if you are maintaining H1/H4 status (not necessairly VISA stamped) . your I-485/I-131 doesn't get considered cancelled and only requirements that you must be in US while filing. Being on purely non immigrant VISA like F1/F2/B1 you must be in US on day of approval.
People normally refer to friend's example but i have 2 collegues whose spouses has done same thing. Spouse's H4 visa stamping is long expired but they were gone to India after filing AP and they have comeback without any issue.
If you have not extended ur H1-B/H4 (dual immigrant) and have take advantage on AC-21 then I believe that you are not maintaining any non-immigrant status and you are just paroled in.
Thanks
My attorney ( and i trust her) said that if you are maintaining H1/H4 status (not necessairly VISA stamped) . your I-485/I-131 doesn't get considered cancelled and only requirements that you must be in US while filing. Being on purely non immigrant VISA like F1/F2/B1 you must be in US on day of approval.
People normally refer to friend's example but i have 2 collegues whose spouses has done same thing. Spouse's H4 visa stamping is long expired but they were gone to India after filing AP and they have comeback without any issue.
If you have not extended ur H1-B/H4 (dual immigrant) and have take advantage on AC-21 then I believe that you are not maintaining any non-immigrant status and you are just paroled in.
Thanks
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Appu
04-06 10:27 PM
There is no serious effort by the republicans. They are fractured, divided, into groups. They have no motivation to get this comprehensive bill passed. I have been observing the tactics and attitudes of these republican senators and democratic senators. I am more shocked by the game of one-upmanship on the part of Frist, Kyl, Cornyn, Craig. I don't see rhyme or reason in their sppeches. The bill has no life for the next 3 weeks.
Well said. This whole thing is stalling simply because of Frist's presidential ambitions and Kyl's relection bid. Frist wants to distance himself from Bush and McCain - both guys supporting guest worker programs and legalization of the undocumented workers. He wants to show he is "strong on security" by pushing through a border security only bill. He is using Kyl and others to torpedo the SJC bill either on the senate floor or in the conference. Bush is too powerless to intervene.
We are probably screwed unless Frist agrees to send a moderate group - like the SJC - to the conference instead of Kyl, Cornyn, Sessions or people like that.
My $0.02.
Well said. This whole thing is stalling simply because of Frist's presidential ambitions and Kyl's relection bid. Frist wants to distance himself from Bush and McCain - both guys supporting guest worker programs and legalization of the undocumented workers. He wants to show he is "strong on security" by pushing through a border security only bill. He is using Kyl and others to torpedo the SJC bill either on the senate floor or in the conference. Bush is too powerless to intervene.
We are probably screwed unless Frist agrees to send a moderate group - like the SJC - to the conference instead of Kyl, Cornyn, Sessions or people like that.
My $0.02.
more...
aspiration
06-17 11:26 AM
Don't think that your call doesn't matter.. They do take the number of person called for the same issue and this is the response i got from CHC Dennis Cardoza's office...
Dennis Cardoza : Well aware of the bills, i was number 15 for friday the 13th and when i asked for total number, she said we have received 100 or so calls for these bills....
And two or three lawmakers office said that we are reviewing the bills at the moment.. so definitely a positive sign...
So grab your phone and reach out to house reps... Just try to call 2 members and i bet that you will finish the rest of the calls and you'll reply to my message so you can share your experience and encourage others.
Dennis Cardoza : Well aware of the bills, i was number 15 for friday the 13th and when i asked for total number, she said we have received 100 or so calls for these bills....
And two or three lawmakers office said that we are reviewing the bills at the moment.. so definitely a positive sign...
So grab your phone and reach out to house reps... Just try to call 2 members and i bet that you will finish the rest of the calls and you'll reply to my message so you can share your experience and encourage others.
vnsriv
07-19 01:53 PM
I was in the same shoes once...did some reseach and gather some info hope it will be helpful to resolve your case.
You can file spouse 485 later but not always
--------------------------------------------------------------------------------
Following is my scenario and the advice I received from a Top (at least high fee: $250 for a 20 minute phone session) lawyer.
EB3 PD Nov 2002 I-140 Approved Jan/04 1-485 filed June 04. I got married in Dec 04 and we were back in USA in Jan 05. Unfortunately we were 2 week too late to beat the retrogression.
My lawyer told me to file wife's 485 as she is dependent and PD is not an issue. Absolutely wrong. USCIS returned her application after 5 weeks.
We waited almost 2.5 years to finally file her application in June 07. I got approved on 23 June but we are OK since her application was filed before that
Key:
1. Get married before your GC approval (before/after 140/485 does not matter as long as you are not approved.
2. Bring spouse on H4 (No derivative status with EAD so maintain H1)
3. Keep all the documents ready (Birth certificate/Marriage certificate etc.)
4. Follow visa bulletin as soon as dates are current get medical test completed
5. File her 485 (Make sure USCIS receives it after the dates become current)
(If USCIS receives your application before dates being current they may still accept the package and reject it after couple of weeks. )
6. What if you are married before GC approval but get approved before her 485 is filed
1. Spouse out of USA
No other way but to file 'Follow to join' in home country. Spouse will not be able to entry on any other visa before his/her GC approval.
2. Spouse in USA on his/her own status ( i.e. wither H1/L1/F1 etc.)
File 485 as a derivative no special processing
3. Spouse in USA as your dependent ( i.e. H4 etc.)
he/she will be 'out of status' as soon as your GC is approved. Inspected by an immigration agent at entry point. Not on parole. You can file 485 under [Section 245(K)] within 180 days. No special processing. NO fines.
Please talk to a reputed lawyer before doing any thing.
My story
EB3 RIR PD Jul 2002,
Filed I-485 in Jun 2005 was not married at that time
Did a speedy marriage in Sept 2005 in US, wife was on H1 and submitted the papers for wife, USCIS rejected because of retrogession
Waited till Jun 2007 to get dates current, filed wife's case on 7th jun
Got my I-485 approved on 28th Jun. Still waiting for wife's receipt notices.
You can file spouse 485 later but not always
--------------------------------------------------------------------------------
Following is my scenario and the advice I received from a Top (at least high fee: $250 for a 20 minute phone session) lawyer.
EB3 PD Nov 2002 I-140 Approved Jan/04 1-485 filed June 04. I got married in Dec 04 and we were back in USA in Jan 05. Unfortunately we were 2 week too late to beat the retrogression.
My lawyer told me to file wife's 485 as she is dependent and PD is not an issue. Absolutely wrong. USCIS returned her application after 5 weeks.
We waited almost 2.5 years to finally file her application in June 07. I got approved on 23 June but we are OK since her application was filed before that
Key:
1. Get married before your GC approval (before/after 140/485 does not matter as long as you are not approved.
2. Bring spouse on H4 (No derivative status with EAD so maintain H1)
3. Keep all the documents ready (Birth certificate/Marriage certificate etc.)
4. Follow visa bulletin as soon as dates are current get medical test completed
5. File her 485 (Make sure USCIS receives it after the dates become current)
(If USCIS receives your application before dates being current they may still accept the package and reject it after couple of weeks. )
6. What if you are married before GC approval but get approved before her 485 is filed
1. Spouse out of USA
No other way but to file 'Follow to join' in home country. Spouse will not be able to entry on any other visa before his/her GC approval.
2. Spouse in USA on his/her own status ( i.e. wither H1/L1/F1 etc.)
File 485 as a derivative no special processing
3. Spouse in USA as your dependent ( i.e. H4 etc.)
he/she will be 'out of status' as soon as your GC is approved. Inspected by an immigration agent at entry point. Not on parole. You can file 485 under [Section 245(K)] within 180 days. No special processing. NO fines.
Please talk to a reputed lawyer before doing any thing.
My story
EB3 RIR PD Jul 2002,
Filed I-485 in Jun 2005 was not married at that time
Did a speedy marriage in Sept 2005 in US, wife was on H1 and submitted the papers for wife, USCIS rejected because of retrogession
Waited till Jun 2007 to get dates current, filed wife's case on 7th jun
Got my I-485 approved on 28th Jun. Still waiting for wife's receipt notices.
more...
kicca
01-25 03:48 PM
^^
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santb1975
04-15 04:36 PM
Team IV
http://immigrationvoice.org/forum/showthread.php?t=18387
Hi folks,
Just got back from UK on Friday after a month of family time, medicals and our embassy interview! Wanted to let you all know that we were approved and happily back in the US!!
Congrats on the latest admin wins and movements in campaigns/projects. I wanted to say a huge thank you but not farewell to the many kind folks who kept my spirits high in the short time I have been with IV:
abhijitp, needhelp, digital2k, paskal, gsc999, waiting4gc, pappu, chanduv23, santb1975, nolaindian32, walking dude, ja1hind, logiclife and many more. All of you rock and America is very lucky to have such genuine and brilliant people like you. I wish you the very best for your own journey.
I will be around for sure, just have to concentrate on securing some work and life for a bit, finally!
my best :)
http://immigrationvoice.org/forum/showthread.php?t=18387
Hi folks,
Just got back from UK on Friday after a month of family time, medicals and our embassy interview! Wanted to let you all know that we were approved and happily back in the US!!
Congrats on the latest admin wins and movements in campaigns/projects. I wanted to say a huge thank you but not farewell to the many kind folks who kept my spirits high in the short time I have been with IV:
abhijitp, needhelp, digital2k, paskal, gsc999, waiting4gc, pappu, chanduv23, santb1975, nolaindian32, walking dude, ja1hind, logiclife and many more. All of you rock and America is very lucky to have such genuine and brilliant people like you. I wish you the very best for your own journey.
I will be around for sure, just have to concentrate on securing some work and life for a bit, finally!
my best :)
more...
LostInGCProcess
08-30 02:11 PM
Isnt recording conversations without the consent illegal? :confused:
Found on the net:
The U.S. federal law allows recording of phone calls and other electronic communications with the consent of at least one party to the call. A majority of the states and territories have adopted wiretapping statutes based on the federal law, although most have also extended the law to cover in-person conversations. 38 states and the D.C. permit recording telephone conversations to which they are a party without informing the other parties that they are doing so.
12 states require, under most circumstances, the consent of all parties to a conversation. Those jurisdictions are California, Connecticut, Florida, Illinois, Maryland, Massachusetts, Michigan, Montana, Nevada, New Hampshire, Pennsylvania and Washington.
It is illegal under all jurisdictions to record calls in which one is not a party.
A complete state-by-state set of regulations regarding telephone call recording may be obtained in the following report published by The Reporters Committee for Freedom of the Press:
http://www.rcfp.org/taping/states.html
Found on the net:
The U.S. federal law allows recording of phone calls and other electronic communications with the consent of at least one party to the call. A majority of the states and territories have adopted wiretapping statutes based on the federal law, although most have also extended the law to cover in-person conversations. 38 states and the D.C. permit recording telephone conversations to which they are a party without informing the other parties that they are doing so.
12 states require, under most circumstances, the consent of all parties to a conversation. Those jurisdictions are California, Connecticut, Florida, Illinois, Maryland, Massachusetts, Michigan, Montana, Nevada, New Hampshire, Pennsylvania and Washington.
It is illegal under all jurisdictions to record calls in which one is not a party.
A complete state-by-state set of regulations regarding telephone call recording may be obtained in the following report published by The Reporters Committee for Freedom of the Press:
http://www.rcfp.org/taping/states.html
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chanduv23
06-29 09:34 PM
I guess the cases that are pre-adjucated are called for interview.
Well "interview" without PD becoming current is a part of "preadjudication" process. Thats why you see those denials, RFEs and interview notices.
Typically once preadjudication is done - it means the next thing is "wait for visa number". Once visa number is available a final review is done by a officer.
In other words "preadjudicated" means "approvable"
Well "interview" without PD becoming current is a part of "preadjudication" process. Thats why you see those denials, RFEs and interview notices.
Typically once preadjudication is done - it means the next thing is "wait for visa number". Once visa number is available a final review is done by a officer.
In other words "preadjudicated" means "approvable"
more...
maddipati1
02-03 01:50 PM
anyone know if,
Bachelors Equivalent ( Bachelors-3Yrs + Masters-2Yrs )
+ 5 years Experience
qualify for EB2 ?
thanks,
I also have 3 years bachelors. My lawyer told me that EB2 cannot be approved with 3 years bachelors and even if we try we are taking risk of having USCIS dig approved Eb3 labor and I140.
Bachelors Equivalent ( Bachelors-3Yrs + Masters-2Yrs )
+ 5 years Experience
qualify for EB2 ?
thanks,
I also have 3 years bachelors. My lawyer told me that EB2 cannot be approved with 3 years bachelors and even if we try we are taking risk of having USCIS dig approved Eb3 labor and I140.
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vallabhu
11-13 04:44 PM
India EB3 2004 June.
more...
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ivuser
02-15 11:34 AM
Let us Provide Service and generate more revenue.
Revenue generation through multiple means is a very good idea.
Information Service
I would like to make most of the form thread details be accessible to members who had paid at least $100 or enrolled for recursive $20/month. We should make the thread heading very attractive and make it accessible to public. Core members should review all the thread headings, I think they are already doing it now. I can volunteer to this activity. I do have 8 years of experience in studying US immigration law, though I am not a lawyer, with my experience I can be of some guidance.
Advertisement
Provide advertisement (Ad), like we see top, right side and bottom page Ad in hotmail, yahoo etc. Apart from the flash, images Ads, we should also do Google text Ads. Flash Ad could be charged based on the space, number of page hits. Google pays 25 cents per click on the hyperlink for the text Ad. I had managed a project, which implemented the feature. I am sure we have lot of technical experts and get this implemented, very well.
Corporate Sponsorship
If a corporation sponsors money then most probably there will be some tax advantage. I do know IV�s tax code. Consulting companies could pay IV from our company account.
Physicians
We can identify all our physician members and provide help for members and their parents in need. In turn the members who had taken help could contribute to IV�s good cause, in terms of funds, taking part in activities, etc. Hi the concept is very simple, if you had gone to a doctor, you will end up spending 2 hr waiting to see the doctor and then pay 150 to talk to them for 15 min. We will help you and intern you help us, or may be help yourself if you are a person going through the GC process. I can take initiative for this task, my wife is a physician and I know 20 other doctors who are in the GC process.
Disclaimer
Our IV admin should make standard disclaimers like, the information provided may have error, and the members should always consult lawyers for accurate information, the thread details are intended to be an approximate guidance.
This should be part of our terms and conditions, while we register new members. It should also be part of the page footer, the text should be in red color.
Action Item
I would like to set up a conference today 9:10 PM (EST), Thursday Feb 15th 2007. Please reply to this tread if you have more ideas. Please do mention if any of you are interested in participating in today�s phone conference. I will also arrange for another conference during this weekend if necessary.
I will call IV�s core members to discuss this activity and based on their recommendations I will confirm the conference and the details like phoning number and access code.
My fellow members please note that we need to be more active and innovative to achieve our target (GC). I appreciate all our members for taking part in IV.
Revenue generation through multiple means is a very good idea.
Information Service
I would like to make most of the form thread details be accessible to members who had paid at least $100 or enrolled for recursive $20/month. We should make the thread heading very attractive and make it accessible to public. Core members should review all the thread headings, I think they are already doing it now. I can volunteer to this activity. I do have 8 years of experience in studying US immigration law, though I am not a lawyer, with my experience I can be of some guidance.
Advertisement
Provide advertisement (Ad), like we see top, right side and bottom page Ad in hotmail, yahoo etc. Apart from the flash, images Ads, we should also do Google text Ads. Flash Ad could be charged based on the space, number of page hits. Google pays 25 cents per click on the hyperlink for the text Ad. I had managed a project, which implemented the feature. I am sure we have lot of technical experts and get this implemented, very well.
Corporate Sponsorship
If a corporation sponsors money then most probably there will be some tax advantage. I do know IV�s tax code. Consulting companies could pay IV from our company account.
Physicians
We can identify all our physician members and provide help for members and their parents in need. In turn the members who had taken help could contribute to IV�s good cause, in terms of funds, taking part in activities, etc. Hi the concept is very simple, if you had gone to a doctor, you will end up spending 2 hr waiting to see the doctor and then pay 150 to talk to them for 15 min. We will help you and intern you help us, or may be help yourself if you are a person going through the GC process. I can take initiative for this task, my wife is a physician and I know 20 other doctors who are in the GC process.
Disclaimer
Our IV admin should make standard disclaimers like, the information provided may have error, and the members should always consult lawyers for accurate information, the thread details are intended to be an approximate guidance.
This should be part of our terms and conditions, while we register new members. It should also be part of the page footer, the text should be in red color.
Action Item
I would like to set up a conference today 9:10 PM (EST), Thursday Feb 15th 2007. Please reply to this tread if you have more ideas. Please do mention if any of you are interested in participating in today�s phone conference. I will also arrange for another conference during this weekend if necessary.
I will call IV�s core members to discuss this activity and based on their recommendations I will confirm the conference and the details like phoning number and access code.
My fellow members please note that we need to be more active and innovative to achieve our target (GC). I appreciate all our members for taking part in IV.
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eb3India
09-25 04:40 PM
it's creative idea thou ;), and there is no harm in trying
on the same note, I am planning to buy humve if I get a GC and get that hike I am hoping for, may be I should write to GM to do someting about my Green card, no I am not kidding, I really love that car,
on the same note, I am planning to buy humve if I get a GC and get that hike I am hoping for, may be I should write to GM to do someting about my Green card, no I am not kidding, I really love that car,
more...
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enggr
10-04 08:17 AM
They have this in Connecticut (CT) state also . In 2010 Jan I applied for my license transfer and they checked my 797, passport, employment verification letter etc and they said they need to send the verification to USCIS which will take a few hours or a day. they wanted me to come back the next day to collect the license
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satyasaich
01-27 07:02 AM
US needs EB1 and Ph.Ds
Others not contribute as much
Looks like you are EB1, but your comments are reflecting mindset of uneducated person / so many members of congress and senate of this country.
What a pity
But for sure, i'm happy to see something related to EB immigration is addressed ( no matter which 'category' that is)
Others not contribute as much
Looks like you are EB1, but your comments are reflecting mindset of uneducated person / so many members of congress and senate of this country.
What a pity
But for sure, i'm happy to see something related to EB immigration is addressed ( no matter which 'category' that is)
more...
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gsc999
01-24 11:06 PM
Hello Nor. Cal,
If we don't get going, I am afraid that we will not be able to achieve our objective, your objective.
A few motivated people can only go so far. It is unfair to think that your time is more precious than any other volunteer's time. You just might be surprised to learn from us how busy we ourselves are.
Please stand up for your rights. Don't take this campaign for granted.
If we don't get going, I am afraid that we will not be able to achieve our objective, your objective.
A few motivated people can only go so far. It is unfair to think that your time is more precious than any other volunteer's time. You just might be surprised to learn from us how busy we ourselves are.
Please stand up for your rights. Don't take this campaign for granted.
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waitnwatch
01-06 02:26 AM
This thing is driving me crazy...
Do we need to send an invitation letter in a .txt format? How do I send an invitation letter with letterhead and signature in a .txt format?
As far as I can remember this invitation letter part is only applicable if this is the first time someone is travelling to the US to study or work. I donot think this is needed if you have gone from the US to India for a vacation and are trying to get your visa renewed.
This is what I recollect. By the way I think you can send a Microsoft Word Document.
Hope this helps.
Do we need to send an invitation letter in a .txt format? How do I send an invitation letter with letterhead and signature in a .txt format?
As far as I can remember this invitation letter part is only applicable if this is the first time someone is travelling to the US to study or work. I donot think this is needed if you have gone from the US to India for a vacation and are trying to get your visa renewed.
This is what I recollect. By the way I think you can send a Microsoft Word Document.
Hope this helps.
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smuggymba
04-21 12:46 PM
Friends,
I will be relocating to Houston soon. I am new to the area. I would really appreciate if you can give your inputs on good neighborhoods, cost of living, etc.
Thanks,
nmdial
PM me.
I will be relocating to Houston soon. I am new to the area. I would really appreciate if you can give your inputs on good neighborhoods, cost of living, etc.
Thanks,
nmdial
PM me.
ashkam
08-09 09:34 AM
i filed my 140 on july 12th. Received receipt notice from TSC on jul 23rd.
My attorney filed for 485 on aug 2nd. But he filed with old fee and old 485 forms. He says i fall under july visa bulletin, so i can file with older fee.
Is he correct? Will there be no problem with my application?
Your attorney is right. Old fees apply and old forms are fine.
My attorney filed for 485 on aug 2nd. But he filed with old fee and old 485 forms. He says i fall under july visa bulletin, so i can file with older fee.
Is he correct? Will there be no problem with my application?
Your attorney is right. Old fees apply and old forms are fine.
ameryki
03-17 10:47 PM
Hi,
My wife, who is the primary green card applicant is planning to change job from desi consulting company to a fortune 500 company. The fortune 500 company wants to invoke AC21 as 180 days have passed from received date and I140 is approved.
Please let me know if someone has similar experience with the following:
1. Is there any salary restriction on increase from current salary percentage wise?
2. Has anyone used sucessfully AC21 in the past and had no issues with EAD renewals and Green card?
Thanks
ans 1. it is a fairly gray area. ofcourse salary increase is part of every development and change but if it over the board i.e 50% increase in salary then it might raise a flag (I have read this here in the forum) anything between 20 to 30% is acceptable.
ans2. AC21 is a fairly common option and has been used by many in this forum and outside after 180 days of filing 485. you should have no problems in renewals etc.
My wife, who is the primary green card applicant is planning to change job from desi consulting company to a fortune 500 company. The fortune 500 company wants to invoke AC21 as 180 days have passed from received date and I140 is approved.
Please let me know if someone has similar experience with the following:
1. Is there any salary restriction on increase from current salary percentage wise?
2. Has anyone used sucessfully AC21 in the past and had no issues with EAD renewals and Green card?
Thanks
ans 1. it is a fairly gray area. ofcourse salary increase is part of every development and change but if it over the board i.e 50% increase in salary then it might raise a flag (I have read this here in the forum) anything between 20 to 30% is acceptable.
ans2. AC21 is a fairly common option and has been used by many in this forum and outside after 180 days of filing 485. you should have no problems in renewals etc.
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