meridiani.planum
07-30 06:24 AM
I have a unique problem with possibly getting a green card too early. Please let me know how I can make this situation better. My priority date in EB2 India is in Jan 2006, which means potentially I could get my green card in 2-3 months.
I plan to get engaged in December 2008 and married in December 2009 to an Indian born Australian citizen. As far as I can see, her chargeability would be from India.
What are my options to make my life easier and to be able to successfully bring my future wife to the US the easiest possible way. So far, I have 2 options:
1. Use the special E3 work visa for Australian citizens.
2. If I dont get my GC within the next few months, do an early court marriage and invoke the following-to-join spouse when she is ready to come to the US.
If you follow #1 while you will have your GC immediately your wife will need to maintain her E3 visa until your PD is current again.
I plan to get engaged in December 2008 and married in December 2009 to an Indian born Australian citizen. As far as I can see, her chargeability would be from India.
What are my options to make my life easier and to be able to successfully bring my future wife to the US the easiest possible way. So far, I have 2 options:
1. Use the special E3 work visa for Australian citizens.
2. If I dont get my GC within the next few months, do an early court marriage and invoke the following-to-join spouse when she is ready to come to the US.
If you follow #1 while you will have your GC immediately your wife will need to maintain her E3 visa until your PD is current again.
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Chicago Desi
08-23 01:11 PM
No, I do not have a EAD or AP. I did not apply for them. I am planning to keep extending my H1 and not get into the hassle of EAD and AP every year.
Though its your decision but having EAD and AP in my hand (whether or not to use them) would give me some hope.
Though its your decision but having EAD and AP in my hand (whether or not to use them) would give me some hope.
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copsmart
06-15 02:52 PM
Given below are my case details.
Paper Based – Sent to Phoenix Lockbox, rerouted to CSC
Mailed Date : May 18th
Delivered Date : May 19th
Received Date : May 20th
Notice Date : June 1st
1st SLUD : June 2nd
2nd SLUD : June 9th
3rd SLUD : June 10th
4th SLUD : June 11th
No activity since last SLUD… My EAD expires in August. Has anyone noticed similar SLUD pattern on their case lately?
I would really appreciate if CSC/WAC applicants post their case status updates.
Thanks!!!
Paper Based – Sent to Phoenix Lockbox, rerouted to CSC
Mailed Date : May 18th
Delivered Date : May 19th
Received Date : May 20th
Notice Date : June 1st
1st SLUD : June 2nd
2nd SLUD : June 9th
3rd SLUD : June 10th
4th SLUD : June 11th
No activity since last SLUD… My EAD expires in August. Has anyone noticed similar SLUD pattern on their case lately?
I would really appreciate if CSC/WAC applicants post their case status updates.
Thanks!!!
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gcwanted101
09-01 12:10 PM
Hi
I have my Labor and 140 approved. (140 approved in Jan 2009)
But my employer is not ready to provide me with copy of my approved PERM labor and 140. Just like any other employer.
So I am planning to request both of this by making FOIA request to DOL and USCIS.
I have done some ground work for that. Now here are my questions.
1) If I haven�t applied for 485 yet will USCIS/DOL release this document to me?
Or are both of this employer�s petitions?
2) I have heard that after six month of 140 approvals it become employee petition.
How much true is that?
If anyone like me (who haven�t applied 485 yet) got their copy of labor and 140 through FOIA. Please share your experience.
I have my Labor and 140 approved. (140 approved in Jan 2009)
But my employer is not ready to provide me with copy of my approved PERM labor and 140. Just like any other employer.
So I am planning to request both of this by making FOIA request to DOL and USCIS.
I have done some ground work for that. Now here are my questions.
1) If I haven�t applied for 485 yet will USCIS/DOL release this document to me?
Or are both of this employer�s petitions?
2) I have heard that after six month of 140 approvals it become employee petition.
How much true is that?
If anyone like me (who haven�t applied 485 yet) got their copy of labor and 140 through FOIA. Please share your experience.
more...
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lost_in_migration
05-14 08:52 PM
This is a EB3 - General Poll across all countries
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apb
07-27 01:04 PM
If NSC had put all applications from July 2nd to July 17th on hold.
Did they open and timestamp it ? for received date ??????
If they did not , then I may be lucky.
Because my package had signatures and all other dates of June 29th . The day when we were planning to ship the package, but for july fiasco.
Do you guys think ? they might see this and enter it as received date ?
http://www.uscis.gov/files/pressrelease/FAQ2.pdf
Did they open and timestamp it ? for received date ??????
If they did not , then I may be lucky.
Because my package had signatures and all other dates of June 29th . The day when we were planning to ship the package, but for july fiasco.
Do you guys think ? they might see this and enter it as received date ?
http://www.uscis.gov/files/pressrelease/FAQ2.pdf
more...
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wandmaker
12-11 02:57 AM
Thanks for your response. Good to hear that I can file while I am outside the US.
Meanwhile, I was wondering if it expires due to (assume) my neglect... does that create issues or can I apply at a later date... this is just in case I forget !! Sorry !!
You can renew your EAD even after it expires. BTW, if you have used your EAD for work, you can not work until you received the EAD on hand.
Meanwhile, I was wondering if it expires due to (assume) my neglect... does that create issues or can I apply at a later date... this is just in case I forget !! Sorry !!
You can renew your EAD even after it expires. BTW, if you have used your EAD for work, you can not work until you received the EAD on hand.
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chanduv23
07-09 02:51 PM
OK. Thanks for your advise. I guess I can not do much about this. I'll try to butter him up to get what he promised. We'll see. Thanks.
Yes butter them and sound pleasing, approach them as if you need their help. Praise them like anything. Make them feel on top of the world. Just keep kissing their ass till u get the work done.
Yes butter them and sound pleasing, approach them as if you need their help. Praise them like anything. Make them feel on top of the world. Just keep kissing their ass till u get the work done.
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gcwait2007
05-16 03:25 PM
Unseenguy, Thank you for the good, satisfying answer.
I have few questions:
(1) Let me allow my present company to file I-140 as regular processing (mark as 'I-485 processing' in I-140 part IV) and change it later, using I-824 to convert from AOS case to Consular processing for using AC-140? This is faster and easier. Whether my understanding is correct?
(2) What documents one needs for filing Consular Processing? Is it the same set of documents for filing I-485?
(3) I hear that one needs to get police clearance certificates. Where does they come from?
I look forward for your reply,
Thank you
I have few questions:
(1) Let me allow my present company to file I-140 as regular processing (mark as 'I-485 processing' in I-140 part IV) and change it later, using I-824 to convert from AOS case to Consular processing for using AC-140? This is faster and easier. Whether my understanding is correct?
(2) What documents one needs for filing Consular Processing? Is it the same set of documents for filing I-485?
(3) I hear that one needs to get police clearance certificates. Where does they come from?
I look forward for your reply,
Thank you
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arc
04-14 09:50 AM
You know these reporting back, reistating the status, etc takes lots of effort, money and time. I hate this kind of things. Why the hell we should pay for somebody's mistake?
On a side note:
If someone returns this kind of mistake-GC, then what will happen to the visa number? Will it get reclaimed and reused or go wasted?
The person I know who got GC before the PD was current, debated for sometime asked his lawyer etc... but it was whoever's mistake, they have got to honor it... he decided to keep the GC act dumb and njoy life.:D.. by the way even if you get a GC when PD is current they reserve the right to revoke... check with lawyer and decide for yourself !!!
On a side note:
If someone returns this kind of mistake-GC, then what will happen to the visa number? Will it get reclaimed and reused or go wasted?
The person I know who got GC before the PD was current, debated for sometime asked his lawyer etc... but it was whoever's mistake, they have got to honor it... he decided to keep the GC act dumb and njoy life.:D.. by the way even if you get a GC when PD is current they reserve the right to revoke... check with lawyer and decide for yourself !!!
more...
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grupak
12-13 04:11 PM
I'm thinking about pursuing maser degree of Biostatistics.
I heard the job market demand is high and
most jobs require master degree at least.
As a research assistance, biostatistician, research analyst..
Could I apply as EB2 ?
Am I qualifed?
If you are from a non retro country, EB2 will help. Otherwise not really.
To get an EB2, you need a masters degree but your job will also have to require it. I know of folks with masters but their company filed as Eb3. You can apply for EB2-NIW on your own. This requires more than just a degree. You will have to show your field of study is of national interest, and YOU have unique abilities and YOU are a world leader/expert in your chosen field.
I heard the job market demand is high and
most jobs require master degree at least.
As a research assistance, biostatistician, research analyst..
Could I apply as EB2 ?
Am I qualifed?
If you are from a non retro country, EB2 will help. Otherwise not really.
To get an EB2, you need a masters degree but your job will also have to require it. I know of folks with masters but their company filed as Eb3. You can apply for EB2-NIW on your own. This requires more than just a degree. You will have to show your field of study is of national interest, and YOU have unique abilities and YOU are a world leader/expert in your chosen field.
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pal351
01-05 11:31 AM
Hi Chris,
I expedite my petion by calling to customercare. I recieved a letter from USCIS, saying that, your file assigned to adjudicating office. Can you please share your experience and if you get any update please do share with me.
Thanks in advance
What do you mean by " expedite my petion by calling to customercare." on what basis they did for you? can please elobarate it bit more.
Thanks,
-Pal.
I expedite my petion by calling to customercare. I recieved a letter from USCIS, saying that, your file assigned to adjudicating office. Can you please share your experience and if you get any update please do share with me.
Thanks in advance
What do you mean by " expedite my petion by calling to customercare." on what basis they did for you? can please elobarate it bit more.
Thanks,
-Pal.
more...
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CantLeaveAmerica
03-28 09:48 AM
guys, Murthy says EB2 will move forward in May 2008 bulletine. Reason is getting leftover visa from EB1 India's category.
http://murthy.com/bulletin.html
hoping big forward move.:D
Great for us...aren't are Indian PHD's in the US are as scholarly and motivated as before? lol To think that there are left over visas in this category beats me ! :D
http://murthy.com/bulletin.html
hoping big forward move.:D
Great for us...aren't are Indian PHD's in the US are as scholarly and motivated as before? lol To think that there are left over visas in this category beats me ! :D
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bluekayal
06-22 05:41 AM
I know of cases where AOS person got laid off and tool unemployment. Remember, GC is for the future. So a letter from a future employer...or being employed as GC is being approved will help. My 2 cents...but check.
if your EAD is based on YOUR I-140, then I dont think you have a valid status. During AOS, you need to have a job in the same category the EAD is valid for, unless you are the dependent.
In AOS, you cannot apply for unemployment benefit as it will trigger an USCIS audit.
By US law, if you are unemployed and are PRESENT in the US, you are entitled to umemployment benefit as you paid into the system.
By law again, if you are in non-immigrant status (AOS is considered non-immigrant until you get the green card), and you lose your job, you have to leave the country or you will start accuring illegal stay.
Check with your lawyer before you do anything.
if your EAD is based on YOUR I-140, then I dont think you have a valid status. During AOS, you need to have a job in the same category the EAD is valid for, unless you are the dependent.
In AOS, you cannot apply for unemployment benefit as it will trigger an USCIS audit.
By US law, if you are unemployed and are PRESENT in the US, you are entitled to umemployment benefit as you paid into the system.
By law again, if you are in non-immigrant status (AOS is considered non-immigrant until you get the green card), and you lose your job, you have to leave the country or you will start accuring illegal stay.
Check with your lawyer before you do anything.
more...
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vactorboy29
03-12 11:41 PM
Congratulations!
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ramnadhan
12-13 04:49 PM
January 2008 Visa Bulletin and Predicament of Unmarried Indian EB-2
India has a tradition of family match-making marriage that more or less determines the timing of a marriage for a single person. When the EB visa numbers were open a few months ago, the unmarried single EB-2 worried about premature approval of their I-485 applications before they would have married and often talked about the way to delay approval of I-485 applications until they would marry. The January 2008 Visa Bulletin and the State Department prediction for the EB availability in coming months have removed such worry from these Indian professionals. However, in an unanticpated twist and irony of the development, they will instead face a different problem, to wit, their future spouses may not be able to apply for a following-to-join derivative EB immigrant visa benefits for a long time. Considering the amount of time the future spouse will have to wait to file for the immigrant benefits, it may be important for these EB-2 Indian professional to take at least two actions. These unmarried Indians have maintained a H-1B status to bring their future spouses in a H-4 visa status so that they are not separated after they marry. This strategy will become more real and critically important, meaning that they should keep staying on a H-1B status and not using EAD and AP. If they returned using AP, they may at some point of time, reinstate their H-1B status before their H-1B validity runs out. The other action which they should take is to file concurrent EB-2 and EB-3 I-140 petitions using the same EB-2 labor certification. Since the EB-3 is more favorable or at least will have a cut-off date rather than "unavailable," in certain situation they may maneuver the immigration rules that permit transfer of pending I-485 applications between EB-2 and EB-3 during the period when the visa numbers remain current for him/her. Such maneuver may at least allow the spouse to file I-485/EAD/AP. When EB-2 becomes more favorable, they may have to transfer the I-485 applications back to EB-2 petition. This maneuver is not a good option for everyone as it will require a log of juggling. However, some earlier priority date EB-2 Indians may dare to venture such juggling because of their unique circumstances that require filing of I-485 application for the spouse. It is something to think about and people should seek legal counsel.
I hope this info useful for our fellow members.
Thanks,
Ram
India has a tradition of family match-making marriage that more or less determines the timing of a marriage for a single person. When the EB visa numbers were open a few months ago, the unmarried single EB-2 worried about premature approval of their I-485 applications before they would have married and often talked about the way to delay approval of I-485 applications until they would marry. The January 2008 Visa Bulletin and the State Department prediction for the EB availability in coming months have removed such worry from these Indian professionals. However, in an unanticpated twist and irony of the development, they will instead face a different problem, to wit, their future spouses may not be able to apply for a following-to-join derivative EB immigrant visa benefits for a long time. Considering the amount of time the future spouse will have to wait to file for the immigrant benefits, it may be important for these EB-2 Indian professional to take at least two actions. These unmarried Indians have maintained a H-1B status to bring their future spouses in a H-4 visa status so that they are not separated after they marry. This strategy will become more real and critically important, meaning that they should keep staying on a H-1B status and not using EAD and AP. If they returned using AP, they may at some point of time, reinstate their H-1B status before their H-1B validity runs out. The other action which they should take is to file concurrent EB-2 and EB-3 I-140 petitions using the same EB-2 labor certification. Since the EB-3 is more favorable or at least will have a cut-off date rather than "unavailable," in certain situation they may maneuver the immigration rules that permit transfer of pending I-485 applications between EB-2 and EB-3 during the period when the visa numbers remain current for him/her. Such maneuver may at least allow the spouse to file I-485/EAD/AP. When EB-2 becomes more favorable, they may have to transfer the I-485 applications back to EB-2 petition. This maneuver is not a good option for everyone as it will require a log of juggling. However, some earlier priority date EB-2 Indians may dare to venture such juggling because of their unique circumstances that require filing of I-485 application for the spouse. It is something to think about and people should seek legal counsel.
I hope this info useful for our fellow members.
Thanks,
Ram
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rockstart
03-22 09:15 AM
Your post is confusing. Can you please add details. Is her visa (stamping) denied or her I 797 (H4 approval I forget the number its I5XX something) that was not approved? I am assuimg its the later. Any case its always prudent to exit the country immediately in order to maintain status.
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bfadlia
03-18 02:56 PM
would that invalidate the SSN?
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kramesh_babu
08-20 03:58 PM
once and for all.. the adjudicators dont answer calls. its just cust service people...who are contractors. so if u dont call them.. all they will be doing is sitting around doing nothing.
I fully agree.
I fully agree.
eb3India
05-22 09:22 AM
Admin,
I do understand core members have fulltime job I mentioned earlier I volunteer to do some research in this subject.
However I don't want re-invent the wheel and I was expecting a very simple answers and pointers on the subject
for example, if someone had spent time on this, they could simply answer yes and provide some links etc where I get more answers.
as I write I am googling on this subject and will provide my findings
between, guys we are all in a same boat we should work collective to get out of this mess
I do understand core members have fulltime job I mentioned earlier I volunteer to do some research in this subject.
However I don't want re-invent the wheel and I was expecting a very simple answers and pointers on the subject
for example, if someone had spent time on this, they could simply answer yes and provide some links etc where I get more answers.
as I write I am googling on this subject and will provide my findings
between, guys we are all in a same boat we should work collective to get out of this mess
ronhira
08-20 02:11 PM
How about an apology from an Indian Prime Minister saying he is sorry that you were born in India and are not able to get greencard.
Why should USCIS apologize to you? Did USCIS force you to apply for Greencard?
I agree with rajuram. We are all tax payers. The whole concept of democracy is taxation with representation. People who get paid from my tax dollars are answerable to me as much as they are to anyone else. Even when cis is not forcing me to file gc, its still equally answerable to me for my tax dollars to tell me why they are not doing their jobs properly. And for that cis owes us all apology. What's wrong with that?
Why should USCIS apologize to you? Did USCIS force you to apply for Greencard?
I agree with rajuram. We are all tax payers. The whole concept of democracy is taxation with representation. People who get paid from my tax dollars are answerable to me as much as they are to anyone else. Even when cis is not forcing me to file gc, its still equally answerable to me for my tax dollars to tell me why they are not doing their jobs properly. And for that cis owes us all apology. What's wrong with that?
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