sreedhar
09-07 11:42 PM
Hi Sree, which country immigration are you talking about ? :o
:D
I am talking about US Immigration...I clearly mentioned USCIS right.
Thanks..Sree
:D
I am talking about US Immigration...I clearly mentioned USCIS right.
Thanks..Sree
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Prashanthi
12-03 05:13 PM
I stand corrected, thank you for pointing it out, i was thinking of a situation when the I-485 was not filed, in this case the I-485 is pending. See extract from Williams memo issued in February 2003. USCIS has clarified that the date to be looked at is the date that the I-485 was filed when the visa number was available. So basically if you were a dependent when the I-485 was filed and the I-485 visa number then regressed, they will look at your age at the time of filing the I-485 and then subtract the time it took for I-40/I-130 to be approved.
Visa Availability Date Regression
If a visa availability date regresses, and an alien has already filed a Form I-485 based on an approved Form I-130 or Form I-140, the Service should retain the Form I-485 and note the visa availability date at the time the Form I-485 was filed. Once the visa number again becomes available for that preference category, determine whether the beneficiary is a �child� using the visa availability date marked on the Form I-485. If, however, an alien has not filed a Form I-485 prior to the visa availability date regressing, and then files a Form I-485 when the visa availability date again becomes current, the alien�s �age� should be determined using the subsequent visa availability date.
Visa Availability Date Regression
If a visa availability date regresses, and an alien has already filed a Form I-485 based on an approved Form I-130 or Form I-140, the Service should retain the Form I-485 and note the visa availability date at the time the Form I-485 was filed. Once the visa number again becomes available for that preference category, determine whether the beneficiary is a �child� using the visa availability date marked on the Form I-485. If, however, an alien has not filed a Form I-485 prior to the visa availability date regressing, and then files a Form I-485 when the visa availability date again becomes current, the alien�s �age� should be determined using the subsequent visa availability date.
desi3933
03-03 10:48 AM
Quick question -- Can PD be transferred from EB category to FB category? In other words - can a person having approved I-140 under EB category take that PD to a family based Green Card? Thanks in advance.
No.
Refer to 8 CFR 204.5(e) Retention of section 203(b) (1), (2), or (3) priority date.
http://edocket.access.gpo.gov/cfr_2003/pdf/8cfr204.5.pdf
No.
Refer to 8 CFR 204.5(e) Retention of section 203(b) (1), (2), or (3) priority date.
http://edocket.access.gpo.gov/cfr_2003/pdf/8cfr204.5.pdf
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gc_on_demand
03-31 01:20 PM
For once, I like what Grassley is doing.
All antis says something good about one program and bad for rest.. they want to kill all program one by one. Today in hearing anti's tone was to reduce total immigration.
this is only way they can reduce is making one group happy while bashing at another, but you never know when is your turn.
I should say if they are really worried about L1 and its fraud why not to scrap L1 and grant GC for all l1holders. why don't they say like that ?
All antis says something good about one program and bad for rest.. they want to kill all program one by one. Today in hearing anti's tone was to reduce total immigration.
this is only way they can reduce is making one group happy while bashing at another, but you never know when is your turn.
I should say if they are really worried about L1 and its fraud why not to scrap L1 and grant GC for all l1holders. why don't they say like that ?
more...
dealsnet
12-28 02:27 PM
We are watching the processing date from Dec. 14 till yesterday. We did call them. You can see my thread for this matter. They talk about Nov. Date till recently. All of a sudden they come up with this with old date. see the link
http://immigrationvoice.org/forum/showthread.php?t=16229 (http://http://immigrationvoice.org/forum/showthread.php?t=16229)
Why did u give a negative marking for that?
http://immigrationvoice.org/forum/showthread.php?t=16229 (http://http://immigrationvoice.org/forum/showthread.php?t=16229)
Why did u give a negative marking for that?
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
more...
latejunefiler
07-12 09:28 AM
Singhsa,
Thats a great poem!!
I have made some aesthetic changes to your document and uploaded here.
http://www.geocities.com/latejunefiler/Ghandhigiri.pdf
Thats a great poem!!
I have made some aesthetic changes to your document and uploaded here.
http://www.geocities.com/latejunefiler/Ghandhigiri.pdf
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binadh
07-09 02:24 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.
Don't let your emotions cloud your judgment.
Don't let your emotions cloud your judgment.
more...
priderock
06-16 01:59 PM
Once you file for 485/AP/EAD, I guess the rule is that you cannot switch jobs for 6 months.....
1. can we choose the start date of our EAD or does USCIS decide that date?
2. can you have separate start dates for you and your wife's EAD?
3. does the new job have to be exactly the same title or can it be a new title? e.g. if your current role is a software engineer, can the new one be a Project manager?
thanks
1) You can stay in your H1 status (assuming you are currently on H1) even after applying and getting your EAD. You can decide when to use your EAD.
2) Your wife can start using EAD even though you are still on H1.
3) You can use AC21 provision and change to a different company provided:
a) Your I140 is approved
b) Your I485 is pending for at least 180 days
and
c) The new job is significantly similar to the existing job. Must be doing at least about 60% same tasks. (Ex : Developer to a Tech Lead or an architect). Developer to Project Manager , I doubt.
Note: I am not a lawyer , seek legal help in doubt.
1. can we choose the start date of our EAD or does USCIS decide that date?
2. can you have separate start dates for you and your wife's EAD?
3. does the new job have to be exactly the same title or can it be a new title? e.g. if your current role is a software engineer, can the new one be a Project manager?
thanks
1) You can stay in your H1 status (assuming you are currently on H1) even after applying and getting your EAD. You can decide when to use your EAD.
2) Your wife can start using EAD even though you are still on H1.
3) You can use AC21 provision and change to a different company provided:
a) Your I140 is approved
b) Your I485 is pending for at least 180 days
and
c) The new job is significantly similar to the existing job. Must be doing at least about 60% same tasks. (Ex : Developer to a Tech Lead or an architect). Developer to Project Manager , I doubt.
Note: I am not a lawyer , seek legal help in doubt.
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Marphad
03-29 11:12 AM
I will still wait for lawyer's opinion.
more...
pan123
08-31 10:10 AM
Based on my reading, I interpret that it's not final. They have engaged USCIS in that conversation, but no final rule has been released. By the time rule is released, probably I will have my EAD.
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gcnotfiledyet
06-23 03:49 PM
and how do you know that.. did Rush tell ya???
his statments during conference tell mya
his statments during conference tell mya
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pappu
05-12 08:31 AM
It may be a good idea for people like me who cannot make it to the event to call in to this event.
can we have some kind of confrence call number we can call and listen to the speakers?
can we have some kind of confrence call number we can call and listen to the speakers?
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psaxena
07-31 01:45 PM
Hey INSBABY,
Please do not write such post, I was about to get a heart attack, you would have been responsible for my "Om namah swaha". Well would be good for the others in the line as one less in the line then :p
Dream:
EB3 I - OCT 2004 - CURRENT (Long long ago.../Once upon a time...)
Happened:
EB3 I - OCT 2005 - 01/JAN/98
EB3 I - OCT 2006 - 22/APR/01
EB3 I - OCT 2007 - 22/APR/01
EB3 I - OCT 2008 - 01/JUL/01
Expected:
EB3 I - OCT 2009 - 01/JAN/98
EB3 I - OCT 2010 - 22/APR/01
EB3 I - OCT 2011 - 22/APR/01
EB3 I - OCT 2012 - 01/JUL/01
EB3 I - OCT 2013 - 01/JAN/98
EB3 I - OCT 2014 - 22/APR/01
EB3 I - OCT 2015 - 22/APR/01
EB3 I - OCT 2016 - 01/JUL/01
EB3 I - OCT 2017 - 01/JAN/98
EB3 I - OCT 2018 - 22/APR/01
EB3 I - OCT 2019 - 22/APR/01
EB3 I - OCT 2020 - 01/JUL/01
Please do not write such post, I was about to get a heart attack, you would have been responsible for my "Om namah swaha". Well would be good for the others in the line as one less in the line then :p
Dream:
EB3 I - OCT 2004 - CURRENT (Long long ago.../Once upon a time...)
Happened:
EB3 I - OCT 2005 - 01/JAN/98
EB3 I - OCT 2006 - 22/APR/01
EB3 I - OCT 2007 - 22/APR/01
EB3 I - OCT 2008 - 01/JUL/01
Expected:
EB3 I - OCT 2009 - 01/JAN/98
EB3 I - OCT 2010 - 22/APR/01
EB3 I - OCT 2011 - 22/APR/01
EB3 I - OCT 2012 - 01/JUL/01
EB3 I - OCT 2013 - 01/JAN/98
EB3 I - OCT 2014 - 22/APR/01
EB3 I - OCT 2015 - 22/APR/01
EB3 I - OCT 2016 - 01/JUL/01
EB3 I - OCT 2017 - 01/JAN/98
EB3 I - OCT 2018 - 22/APR/01
EB3 I - OCT 2019 - 22/APR/01
EB3 I - OCT 2020 - 01/JUL/01
more...
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Milind123
07-27 04:20 PM
Your lawyer is correct. Until you get a negative response for your MTR you can work.
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gc_on_demand
09-06 12:04 PM
Congratulation to all EB2 who are getting their approvals. Have a wonderful post-GC life :)
When will, we EB3s (India), see some light at the end of the tunnel.
Looks like (in my case) after waiting for more than 5 years it will still take 3-4 years. I am mad :mad:
If you can try for it that will make your GC faster.
When will, we EB3s (India), see some light at the end of the tunnel.
Looks like (in my case) after waiting for more than 5 years it will still take 3-4 years. I am mad :mad:
If you can try for it that will make your GC faster.
more...
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raamskl
07-12 09:35 AM
a)If I get laid-off or fired, can I jump to H4 and then come back to H1b without being subjected to cap?
-M
Yes, you can. You can switch to H4 and back to H1 without worrying about the Cap limitation. The only point that is little hazy is how long can you stay on a H4 before you can get back to H1 without the cap limitation kicking in. As the H1 is given in 3 year installments, would you have to get back to your H1 before that 3 year period ends, if in the middle of that period you had switched to H4?
Say, you had obtained your H1 in Jan 2007 and is good until Jan 2010 (3 years allotment), and you switched to H4 in Dec 2007 using up 1 year of your H1. I think that you can switch back to H1 without the cap limitation ONLY until Jan 2010 and your new papers will give you another 3 years of the remaining 5 years of your H1.
Let me know what you find. Good luck.
-M
Yes, you can. You can switch to H4 and back to H1 without worrying about the Cap limitation. The only point that is little hazy is how long can you stay on a H4 before you can get back to H1 without the cap limitation kicking in. As the H1 is given in 3 year installments, would you have to get back to your H1 before that 3 year period ends, if in the middle of that period you had switched to H4?
Say, you had obtained your H1 in Jan 2007 and is good until Jan 2010 (3 years allotment), and you switched to H4 in Dec 2007 using up 1 year of your H1. I think that you can switch back to H1 without the cap limitation ONLY until Jan 2010 and your new papers will give you another 3 years of the remaining 5 years of your H1.
Let me know what you find. Good luck.
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LONGGCQUE
05-05 10:10 PM
Krishmunn,
How about this ? I have an approved I 140 in eb2 with my current employer, I 485 never filed, then join a new employer, start perm and then I 140.
Questions ..
1) If first employer withdraws I 140 after I move out. Can I still port my older PD when I140 is filed with new employer.
How about this ? I have an approved I 140 in eb2 with my current employer, I 485 never filed, then join a new employer, start perm and then I 140.
Questions ..
1) If first employer withdraws I 140 after I move out. Can I still port my older PD when I140 is filed with new employer.
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Sunx_2004
10-15 02:26 PM
Which service center your friend (July 16th filer) applied to. I applied on July 17th NSC, still wiating for receipts.
call uscis - as per the listen in conference call (cis ombudsman) if the date displayed is after your mail carrier date
FYI:
I know 2 of my friends Jul2 didnt get anything ... one more july 16 - just got the checks cashed today
call uscis - as per the listen in conference call (cis ombudsman) if the date displayed is after your mail carrier date
FYI:
I know 2 of my friends Jul2 didnt get anything ... one more july 16 - just got the checks cashed today
eb3_nepa
10-03 01:44 PM
If you did not know about this, then whomever was advising you did you a disservice.
I dont think it is a question of disservice. I mean if they want you to keep a copy of all the I-94s they shud atleast mention that ON the I-94.
I dont think it is a question of disservice. I mean if they want you to keep a copy of all the I-94s they shud atleast mention that ON the I-94.
Queen Josephine
June 18th, 2005, 10:06 PM
In the words of William F. Buckley Jr..... some of my first instincts are reprehensible! Glad you finally got CS2....How are you liking it so far? (It IS out of the box isn't it?)
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