nkavjs
09-25 02:17 PM
I would love the sound of it.. sit at home.. But what shd I answer to USCIs at the time of EAD renewal or RFE, about working less hours.. Does any law protect situations like us..like new baby law.. or over-stressed employee law.. or something...
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desi3933
02-14 08:29 AM
Hello all,
Is there a law that grant green card for a person who's been in the States legally for more than 10 years?
Thanks
No, not that for 10 years.
Howeve, the I-485 can be filed based on residency, if the applicant has been US resident since before Jan 1st, 1972.
The applicant need to
1. secure a signed SSA-795 from the individual indicating the beginning and ending dates of all periods of residence in the U.S. The statement does not have to include the complete street address. The town and/or State is sufficient.
2. a statement which shows no absence of longer than 6 months is sufficient to determine continuous residence in the U.S. since before January 1, 1972.
__________________
Not a legal advice.
Is there a law that grant green card for a person who's been in the States legally for more than 10 years?
Thanks
No, not that for 10 years.
Howeve, the I-485 can be filed based on residency, if the applicant has been US resident since before Jan 1st, 1972.
The applicant need to
1. secure a signed SSA-795 from the individual indicating the beginning and ending dates of all periods of residence in the U.S. The statement does not have to include the complete street address. The town and/or State is sufficient.
2. a statement which shows no absence of longer than 6 months is sufficient to determine continuous residence in the U.S. since before January 1, 1972.
__________________
Not a legal advice.
hmehta
09-23 07:53 PM
Yes, I am in the same Boat - My 485 was filed on July 19th but haven't received my receipt yet (485 filed at TSC)!
Guys, According to following URL, it seems that all july filers should get the RN by now irrespective of the processing centers. I am 24th July filer but still did not get the RNs so far. Are other ppl also in same boat? Please let me know. I am worried now.
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=ace7ec20cfbd4110VgnVCM1000004718190aRCR D
Guys, According to following URL, it seems that all july filers should get the RN by now irrespective of the processing centers. I am 24th July filer but still did not get the RNs so far. Are other ppl also in same boat? Please let me know. I am worried now.
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=ace7ec20cfbd4110VgnVCM1000004718190aRCR D
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Student with no hopes
01-24 09:40 AM
Hello,
Here is my situation.
- I'm under EB2 - RoW category. My I-140 just got approved and I was preparing to file for my I-485 (current)
- I went to the Bahamas last week to get my 3 year H1B renewal stamping but it was denied due to employer issues and I was forced to go back to India.
- Now I cant go back to US to file my 485. My company is still offering to help me on my GC.
I'm still reeling from the shock of my H1B denial. What are my options now?
Is Consular processing the way to go? Will loosing my H1B status have any effect on CP?
Should I start CP immediately or can I wait a few months to try to get back to the US on a new H1B?
Can anyone point me to some online materials detailing CP.
Thanks in advance.
I am not aware of consular processing very much, but don't you have to be applying from the country of origin for CP?
This person says he belongs to ROW, but he will be filing for CP from India? Am I missing something here?
Here is my situation.
- I'm under EB2 - RoW category. My I-140 just got approved and I was preparing to file for my I-485 (current)
- I went to the Bahamas last week to get my 3 year H1B renewal stamping but it was denied due to employer issues and I was forced to go back to India.
- Now I cant go back to US to file my 485. My company is still offering to help me on my GC.
I'm still reeling from the shock of my H1B denial. What are my options now?
Is Consular processing the way to go? Will loosing my H1B status have any effect on CP?
Should I start CP immediately or can I wait a few months to try to get back to the US on a new H1B?
Can anyone point me to some online materials detailing CP.
Thanks in advance.
I am not aware of consular processing very much, but don't you have to be applying from the country of origin for CP?
This person says he belongs to ROW, but he will be filing for CP from India? Am I missing something here?
more...
pappu
07-28 11:29 AM
Old wine in a new bottle ---- this idea was actively discussed couple of months back. Many people committed to this type of contribution.
Let us see next month when EB2I will start getting lot of approvals. How many IV members contribute once they get GCs.
Let us see next month when EB2I will start getting lot of approvals. How many IV members contribute once they get GCs.
optimystic
11-04 07:32 PM
From 1998 - till date, How many times EB3 priority dates were made current
Since nobody attempted to answer your question, let me give a try.
The answer depends on what is the EB3-PD ? If someone (like me) had a PD of 2001 , then it would have become current more than a couple of times. Just in the last two years my PD became current thrice (including July Fiasco), and am still waiting for my approval.
But if you are asking how many times did EVERYONE became current, then possibly only once (The July '07 fiasco). I can tell this for sure since 2000. I am not aware of any info before that year.
Since nobody attempted to answer your question, let me give a try.
The answer depends on what is the EB3-PD ? If someone (like me) had a PD of 2001 , then it would have become current more than a couple of times. Just in the last two years my PD became current thrice (including July Fiasco), and am still waiting for my approval.
But if you are asking how many times did EVERYONE became current, then possibly only once (The July '07 fiasco). I can tell this for sure since 2000. I am not aware of any info before that year.
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s416504
02-24 03:05 PM
I think best thing to apply your GC as soon as possible. You are running out of time if you need to move to Employer B. For GC, you don't have to join B. If A can apply EB1 then very good but make sure it's big company. My EB1 denied because small orgnisation & then I applied my EB3 thru diff employer.
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yogirajd
11-09 12:43 PM
Recently I have got Denial notice from INS on my I-140 application. All the documents are fine. Just They have mentioned as My Education Qualification is not equivalent to US Education. My Education is B.Sc. Physics and MBA.
Is anybody has got same problem, and if yes Please let me know what to do in this situation.
I am thinking of getting good Education Evaluation from Somebody. But I don't know it�s just happened because of Lawyer. Do I need to go to smart , strong Attorney to do this. OR Apply for new labor again and start the process.
Please suggest me on this.
Thanks
Yogs.
Is anybody has got same problem, and if yes Please let me know what to do in this situation.
I am thinking of getting good Education Evaluation from Somebody. But I don't know it�s just happened because of Lawyer. Do I need to go to smart , strong Attorney to do this. OR Apply for new labor again and start the process.
Please suggest me on this.
Thanks
Yogs.
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sodh
07-12 01:43 PM
Send Tancredo an invite to debate this issue in Miami and see what he has to say.
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vamsi_poondla
09-08 12:33 PM
Dear All:
Need your advice. Filed I-485 on July 5th. I-140 is approved. Working with the employer for 6 yrs. Now that I filed for final stage, my employer wants me to sign a contract voluntarily that I should stay with them for 24 months. What are my legal options in state of CA? He wants to get 20K if I leave earlier than contract term. I signed it since he threatened me to revoke I-140. Can I backout after portability law kicks in.
Thanks in advance.
Do you have any documentary proof of him asking for this 2 year contract? I advice you to stay with him for 6 months. If he is a good employer, (but rather insecure that you will leave after getting GC), what is wrong in staying with him. I mean, if you have already a split deal like 80/20 share of your billing etc.
Need your advice. Filed I-485 on July 5th. I-140 is approved. Working with the employer for 6 yrs. Now that I filed for final stage, my employer wants me to sign a contract voluntarily that I should stay with them for 24 months. What are my legal options in state of CA? He wants to get 20K if I leave earlier than contract term. I signed it since he threatened me to revoke I-140. Can I backout after portability law kicks in.
Thanks in advance.
Do you have any documentary proof of him asking for this 2 year contract? I advice you to stay with him for 6 months. If he is a good employer, (but rather insecure that you will leave after getting GC), what is wrong in staying with him. I mean, if you have already a split deal like 80/20 share of your billing etc.
more...
chandrajp
08-08 10:42 AM
Hi guys My I140 filed in TEXAS case status online says request for additional information was mailed, I haven't received mail yet, I want to go ahead and collect all the documents required so i can reply immediately as soon as we receive RFE mail,
can you guys tell usually what kind of information is requested in EB3 cases.
I got an RFE about my company's latest Tax statement for the current year. When my attorney sent one, I got I140 approved immediately.
What I heard from my friends nowadays, usually it's company's ability to pay. If the company does not show sufficient income even to pay the employees, then there could be an issue. But just wait for the notice. I think your attorney gets the notice
can you guys tell usually what kind of information is requested in EB3 cases.
I got an RFE about my company's latest Tax statement for the current year. When my attorney sent one, I got I140 approved immediately.
What I heard from my friends nowadays, usually it's company's ability to pay. If the company does not show sufficient income even to pay the employees, then there could be an issue. But just wait for the notice. I think your attorney gets the notice
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shana04
02-06 09:50 AM
I just wanted to bump this and get people's opinion on what paper work and other things we should be aware of by not changing the employers who sponsered our green card, but have applied for 485, have I-140 approved (180 days passed since I-140 approval and I-485 receipt dates) and received EAD/AP.
I guess lot of people are in this category. So far, the only advise I have seen is: Extend H1 instead of using EAD.
You have understand the pros and cons for H1 vs EAD
H1:
1. Expensive
2. If for some reason there is an RFE or for that matter any thing, you can always fall back on h1 and then fight for your case
3. if employer revokes I 140 in your case (it would not affect) but you know uscsis. so be careful and H1 helps
EAD:
1. Flexibility
2. more options
3. you can be out of status
4. no employer problems
5. if you have gap, when you extend. then you will be out of job
6. you cannot fall back on H1
so you need to decide.
good luck
I guess lot of people are in this category. So far, the only advise I have seen is: Extend H1 instead of using EAD.
You have understand the pros and cons for H1 vs EAD
H1:
1. Expensive
2. If for some reason there is an RFE or for that matter any thing, you can always fall back on h1 and then fight for your case
3. if employer revokes I 140 in your case (it would not affect) but you know uscsis. so be careful and H1 helps
EAD:
1. Flexibility
2. more options
3. you can be out of status
4. no employer problems
5. if you have gap, when you extend. then you will be out of job
6. you cannot fall back on H1
so you need to decide.
good luck
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americandesi
09-09 03:55 PM
The problem is that most H1 employee's don't know their rights.
They think it's a norm to pay for H1 expenses from their own pocket and not getting paid on bench, which is a violation as per DOL rules.
Hello! Wake Up! This is United States. A single complaint to DOL is enough to make most Desi employers fall to their knees and beg for mercy.
They think it's a norm to pay for H1 expenses from their own pocket and not getting paid on bench, which is a violation as per DOL rules.
Hello! Wake Up! This is United States. A single complaint to DOL is enough to make most Desi employers fall to their knees and beg for mercy.
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vjmjaan
08-29 12:29 AM
Guys,
http://shusterman.com/cgi-bin/ex-link.pl?www.uscis.gov/files/pressrelease/UpdateDirectFiling062107.pdf
As per the Direct filing update on 21st June you can file your 485 at any center regardless of your place of employment or residence or 140 approval.
So dont worry, your case will be appropriately transferred to the correct service center.
Let us concentrate more on the DC rally.
http://shusterman.com/cgi-bin/ex-link.pl?www.uscis.gov/files/pressrelease/UpdateDirectFiling062107.pdf
As per the Direct filing update on 21st June you can file your 485 at any center regardless of your place of employment or residence or 140 approval.
So dont worry, your case will be appropriately transferred to the correct service center.
Let us concentrate more on the DC rally.
more...
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singhsa3
07-12 10:19 PM
See my answers in red
I can't sleep all night.. cmon atleast give us few options.
My take on the permanent solution:
1. Recapture lost visa numbers
It will need change in law. Cannot be done without senate and congress approval
2. Medical tests are going to be valid indefinitely
Possibily but cannot be a big news, especially if we are talking about near term good news
3. Ppl who've worked for X years automatically can apply for I-485
It will need change in law. Cannot be done without senate and congress approval
5. All can apply as per the old bulletin
Already ruled out
6. ????
Most likely through a Notice of Rule Making all I-485 applications will be accept. Thats my take
cmon guys help me with this.i'm running out of ideas..:D
I can't sleep all night.. cmon atleast give us few options.
My take on the permanent solution:
1. Recapture lost visa numbers
It will need change in law. Cannot be done without senate and congress approval
2. Medical tests are going to be valid indefinitely
Possibily but cannot be a big news, especially if we are talking about near term good news
3. Ppl who've worked for X years automatically can apply for I-485
It will need change in law. Cannot be done without senate and congress approval
5. All can apply as per the old bulletin
Already ruled out
6. ????
Most likely through a Notice of Rule Making all I-485 applications will be accept. Thats my take
cmon guys help me with this.i'm running out of ideas..:D
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Dhundhun
10-23 05:53 PM
I think, for an employment-based case, there is effectively a 180-day grace period because of 245[k]. Please explore this, which may be helpful for gaps like I485 refusal and MTR.
From: http://www.murthy.com/adjsta.html
Section 245(k) enables a person who is adjusting status in an employment-based category (whether on the basis of a labor certification or in one of the special Green Card categories that does not require a labor certification or job offer) to adjust, even if s/he has been out of status or worked without authorization for less than 180 days. This provision does not require an immigrant petition or labor certification to have been filed on or before any particular date and there is also no penalty fee involved.
From: http://www.murthy.com/adjsta.html
Section 245(k) enables a person who is adjusting status in an employment-based category (whether on the basis of a labor certification or in one of the special Green Card categories that does not require a labor certification or job offer) to adjust, even if s/he has been out of status or worked without authorization for less than 180 days. This provision does not require an immigrant petition or labor certification to have been filed on or before any particular date and there is also no penalty fee involved.
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lc03
06-08 11:48 AM
hi,
Even we received RFE's for I 131 regarding submitting 2 passport size photos which we had already sent. Can you tell me which address did you send the pictures? Appreciate all thye help.
Even we received RFE's for I 131 regarding submitting 2 passport size photos which we had already sent. Can you tell me which address did you send the pictures? Appreciate all thye help.
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GC_Wait2002
07-12 09:18 AM
:confused::confused:
First (Original one):
labor date: EB2-Aug-2002
Labor approved: September - 2007
I-140 approved: Yesterday (July-11-2008)
485 not yet filed
Second (approved labor from different company):
labor date: EB3-Apr-2004 and labor approved
140 filed: July 13 2007 - case is pending as of now
485 filed: July 13 2007 - case is pending as of now
I dont know what to do with my original green card one (whether to file one more 485 or not)
Gurus help me with your knowlege which option i have to choose
1. withdraw the 485 (filed with substituion labor) and file new 485 with the original one
2. file one more 485
3. wait for the substituion labor 140 to be approved and transfer priority date and category?
:confused:
First (Original one):
labor date: EB2-Aug-2002
Labor approved: September - 2007
I-140 approved: Yesterday (July-11-2008)
485 not yet filed
Second (approved labor from different company):
labor date: EB3-Apr-2004 and labor approved
140 filed: July 13 2007 - case is pending as of now
485 filed: July 13 2007 - case is pending as of now
I dont know what to do with my original green card one (whether to file one more 485 or not)
Gurus help me with your knowlege which option i have to choose
1. withdraw the 485 (filed with substituion labor) and file new 485 with the original one
2. file one more 485
3. wait for the substituion labor 140 to be approved and transfer priority date and category?
:confused:
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RNGC
02-05 08:38 PM
Always advicible to use H1B renewal and H1B transfer, recommend not to use EAD.
If you plan to change employer and what if he revokes your I 140. so better to renew.
And what if you plan to renew EAD and it gets delayed ( you can go for interim) so why take risk.
Good luck
Thanks for the replies....but its been more that 180 days since I applied I-485, and my I-140 is approved, so revoking I-140 is out of the question. I would prefer to use AP instead of using H1, the trouble of going to the consulate when you travel......So, one more Q, Can we show our AP, even after we work on the H1 extension at the POE ?
Thanks.
If you plan to change employer and what if he revokes your I 140. so better to renew.
And what if you plan to renew EAD and it gets delayed ( you can go for interim) so why take risk.
Good luck
Thanks for the replies....but its been more that 180 days since I applied I-485, and my I-140 is approved, so revoking I-140 is out of the question. I would prefer to use AP instead of using H1, the trouble of going to the consulate when you travel......So, one more Q, Can we show our AP, even after we work on the H1 extension at the POE ?
Thanks.
gcchaahiyey
04-07 04:14 PM
My daughter is US citizen...I did not ask my lawyer...
At this time, you don't have to inform USCIS of anything as your status has not changed from "married" to "divorced". There is no "seperated" status in I-485.
If you get your GC and your wife is still back in India, hers will be considered abandoned for a lack of Parole (unless she comes back, renews her parole before Sept 2008 and goes back again).
My personal 2 cents, if I were you, I will make sure that the child's application is intact (unless she is a U.S citizen).
What did your lawyer say?
At this time, you don't have to inform USCIS of anything as your status has not changed from "married" to "divorced". There is no "seperated" status in I-485.
If you get your GC and your wife is still back in India, hers will be considered abandoned for a lack of Parole (unless she comes back, renews her parole before Sept 2008 and goes back again).
My personal 2 cents, if I were you, I will make sure that the child's application is intact (unless she is a U.S citizen).
What did your lawyer say?
Rolling_Flood
09-24 01:14 AM
lazycis,
Thanks.
Was your answer regarding your case, or other case(s) that you may know about?
Related question, did you (or the other people) face considerable hassles for their I-485 approval(s)?
"Yes" to both questions.
Thanks.
Was your answer regarding your case, or other case(s) that you may know about?
Related question, did you (or the other people) face considerable hassles for their I-485 approval(s)?
"Yes" to both questions.
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