sobers
07-14 03:10 PM
alabaman
lame duck period is after nov 2006 till jan 2007 when the 110th congress is sworn in.
lame duck period is after nov 2006 till jan 2007 when the 110th congress is sworn in.
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gcpain
06-25 11:10 AM
I was working with employer -A till 2006 and got I140 approved (June 2003 priority date) in EB3. In November 2006 I joined employer B as it is good for my carrier. I talk to employer A (body shopper) and he is ready to support for my green card as I worked for him for six long years and still he did not cancel my old H1B. My main aim here is to apply I485 as soon as I can.
1. I have two options here my old employer (A) is body-shopper. So he will agree for both future or current employment. I have very good permanent job and bright future prospects with new employer (B). In this case what you guys advice me? Apply I485 as future employment or quit present job and join old employer (A) and apply I485 as current employment?
2. If I do not join old employer (with whom I have I140 approved) now, in this case what are my options for I485 applying? (Only future employment I485/ I can file current employment I485 and not drawing any salary from old employer )
3. Will I485 as future employment has any problems?
4. Can I use AC21 after 180 days on my I485 future employment application?
5. My new employer (B) already applied PERM LC for my GC in EB2 three months back and did not here anything from Atlanta DOL till now. What you guys advice me? Is it worthful to wait for this new EB2 LC or apply I485 as future employment with approved I140-EB3 with priority date June 2003.
I am in really dilemma and unable to decide. Appreciate your advice in this matter. Thanks in advance to all your replies and wish you best of luck.
1. I have two options here my old employer (A) is body-shopper. So he will agree for both future or current employment. I have very good permanent job and bright future prospects with new employer (B). In this case what you guys advice me? Apply I485 as future employment or quit present job and join old employer (A) and apply I485 as current employment?
2. If I do not join old employer (with whom I have I140 approved) now, in this case what are my options for I485 applying? (Only future employment I485/ I can file current employment I485 and not drawing any salary from old employer )
3. Will I485 as future employment has any problems?
4. Can I use AC21 after 180 days on my I485 future employment application?
5. My new employer (B) already applied PERM LC for my GC in EB2 three months back and did not here anything from Atlanta DOL till now. What you guys advice me? Is it worthful to wait for this new EB2 LC or apply I485 as future employment with approved I140-EB3 with priority date June 2003.
I am in really dilemma and unable to decide. Appreciate your advice in this matter. Thanks in advance to all your replies and wish you best of luck.
swamy
06-08 07:16 PM
too farfetched? should we pursue it? a 10 year wait at the least given the current quota restrictions..
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GCBy3000
04-17 10:29 AM
Last time when Bill Clinton signed similar bill, it became effective immediately. So this should also be immediate.
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rsdang
11-21 05:27 PM
abandoning AP was what I was refereing to... but as I said please chek with your lawyer that if you leave country in the middle of the application is that a problem.
Take Care
Take Care
mita
08-20 12:46 PM
I just called USCIS and according to the person I spoke with, it takes approximately 30 days from the date of approval of primary applicant for approval of dependents.
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cptbaseball
05-14 11:22 AM
Hi attorneys,
I came to US on L-1B visa with expiry date of Nov-28-2009. My same company this year filed H-1B with COS using Premium processing. My H-1B and COS has been approved now.
Q#1: My question is that can I travel to & back from India from Aug-2-2009 to Aug-19-2009 and enter Port of entry on my L-1B visa?
Q#2: When I come back I will enter on L-1B visa, will this abandon my approved COS and H-1B?
Q#3: If I travel based on Q#1 and Q#2 will I still be automatically converted to H-1B on Oct-1-2009? Actually I prefer to switch on to H-1B from Oct-1-2009???
Q#4: Since I will get a new I-94 when I enter USA on Aug-19-2009 what happens to my COS I-94. The number may be conflicting. Is that a problem?
Q#5: Next year that is Dec-2010 I have travel plan to India again, which I-94 will I submit when I leave USA?
Q#6: Next year (Dec 2010) when I leave for India, I would need visa stamping? Will this travel in Aug-2009 affect it? Can the Visa Officer just make it an issue?
Q#7: Will I have any out of status issue in the future that may jeopardize, any future visa stamping or my GC process by traveling in August 2009?
I came to US on L-1B visa with expiry date of Nov-28-2009. My same company this year filed H-1B with COS using Premium processing. My H-1B and COS has been approved now.
Q#1: My question is that can I travel to & back from India from Aug-2-2009 to Aug-19-2009 and enter Port of entry on my L-1B visa?
Q#2: When I come back I will enter on L-1B visa, will this abandon my approved COS and H-1B?
Q#3: If I travel based on Q#1 and Q#2 will I still be automatically converted to H-1B on Oct-1-2009? Actually I prefer to switch on to H-1B from Oct-1-2009???
Q#4: Since I will get a new I-94 when I enter USA on Aug-19-2009 what happens to my COS I-94. The number may be conflicting. Is that a problem?
Q#5: Next year that is Dec-2010 I have travel plan to India again, which I-94 will I submit when I leave USA?
Q#6: Next year (Dec 2010) when I leave for India, I would need visa stamping? Will this travel in Aug-2009 affect it? Can the Visa Officer just make it an issue?
Q#7: Will I have any out of status issue in the future that may jeopardize, any future visa stamping or my GC process by traveling in August 2009?
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desi3933
02-18 06:39 PM
If you could post some official documentation that would help rajesh1972
If the child is under 2 years old, and is accompanied by LPR parent upon their first return to the U.S. of the parent who is applying to re-enter as LPR and the parent is admissible, then the child should be issued an I-181 upon his/her first entry as a lawful permanent resident.
I-181 (Memorandum of Creation of Record of Lawful Permanent Residence)
I will get official links for that. It is recommended that LPR parent has travel document that allows LPR to be outside US for upto 2 years and preserve green card status.
**** Not a legal advise ***
If the child is under 2 years old, and is accompanied by LPR parent upon their first return to the U.S. of the parent who is applying to re-enter as LPR and the parent is admissible, then the child should be issued an I-181 upon his/her first entry as a lawful permanent resident.
I-181 (Memorandum of Creation of Record of Lawful Permanent Residence)
I will get official links for that. It is recommended that LPR parent has travel document that allows LPR to be outside US for upto 2 years and preserve green card status.
**** Not a legal advise ***
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pan123
09-17 03:30 PM
Folks,
I need some guidance from experienced folks particularly those who hold MBBS degree from India and are already in US in medical profession.
My brother has received MBBS about 5 years go and he is doing his practice in rural area. His wife is also MBBS and also holds a diploma on OB/GYN area.
My question is if they want to immigrate to US what are various paths they can follow to get here?
Thanks in advance.
PAN123
I need some guidance from experienced folks particularly those who hold MBBS degree from India and are already in US in medical profession.
My brother has received MBBS about 5 years go and he is doing his practice in rural area. His wife is also MBBS and also holds a diploma on OB/GYN area.
My question is if they want to immigrate to US what are various paths they can follow to get here?
Thanks in advance.
PAN123
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smahwal
08-26 12:09 PM
I have been noticing soft LUDs on my EAD and 485. The EAD was issued about 2 months ago and I have had 2 soft luds on that and on the 485 in the last week.
Any ideas on what that means?
Any ideas on what that means?
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GCDream
02-20 08:12 PM
Here is what I have after analyzing the FLC Data Center MDB files
>2001 May 8 = 504 Certified Labors
2002 = 79784 Certified Labors
2003 = 62912 Certified Labors
2004 = 43582 Certified Labors
Total: 186782 Certified Labors
The above data is for world
Let's say India is 25% of world and 75% of India is in EB3
This gives 186782 * 0.25 * 0.75 = 35022 for India from 2001 to 2004
Since the country of the alien is available for Perm, let's use it for 2005 and 2006
2005 India = 1350
2006 India = 22298
Total for India in 2005 and 2006 = 23648
Pending in BEC: 111000
Applying the same formula for India EB3: 111000 * 0.25 * 0.75 = 20812
Total for India in all years till Dec 2006 = 35022 + 23648 + 20812 = 79482
Let's say 20% labors are duplicate or deserted. This gives 79482 * 0.80 = 63586
Total for India in all years till Dec 2006 with Dependents = 63586 * 2.2 = 139889
Total EB3 visas for India in a year: 140000 * 0.07 * 0.286 = 2802
Without any Law:
139889/2802 = 50 Years
Assuming CIR passes with
1. Dependents not counted
2. EB visas increased from 140,000 to 650,000
3. Per country quota raised to 10%
4. Exempts advanced degree holders
Total EB3 India visas per year = 650,000 * 0.1 * 0.286 = 18590
Total for India in all years till Dec 2006 without dependents: 63586
Assuming 20% have advanced degree holders = 63586 * 0.2 = 12717
Total for India in all years till Dec 2006 without dependents and advanced degree holders
= 63586 - 12717 = 50869
For India EB3 Priority date to reach Dec 2006 = 50869/18590 = 2.7 Years
Conclusion
Without Law: 50 Years :confused:
With Law: 2.7 Years :D
>2001 May 8 = 504 Certified Labors
2002 = 79784 Certified Labors
2003 = 62912 Certified Labors
2004 = 43582 Certified Labors
Total: 186782 Certified Labors
The above data is for world
Let's say India is 25% of world and 75% of India is in EB3
This gives 186782 * 0.25 * 0.75 = 35022 for India from 2001 to 2004
Since the country of the alien is available for Perm, let's use it for 2005 and 2006
2005 India = 1350
2006 India = 22298
Total for India in 2005 and 2006 = 23648
Pending in BEC: 111000
Applying the same formula for India EB3: 111000 * 0.25 * 0.75 = 20812
Total for India in all years till Dec 2006 = 35022 + 23648 + 20812 = 79482
Let's say 20% labors are duplicate or deserted. This gives 79482 * 0.80 = 63586
Total for India in all years till Dec 2006 with Dependents = 63586 * 2.2 = 139889
Total EB3 visas for India in a year: 140000 * 0.07 * 0.286 = 2802
Without any Law:
139889/2802 = 50 Years
Assuming CIR passes with
1. Dependents not counted
2. EB visas increased from 140,000 to 650,000
3. Per country quota raised to 10%
4. Exempts advanced degree holders
Total EB3 India visas per year = 650,000 * 0.1 * 0.286 = 18590
Total for India in all years till Dec 2006 without dependents: 63586
Assuming 20% have advanced degree holders = 63586 * 0.2 = 12717
Total for India in all years till Dec 2006 without dependents and advanced degree holders
= 63586 - 12717 = 50869
For India EB3 Priority date to reach Dec 2006 = 50869/18590 = 2.7 Years
Conclusion
Without Law: 50 Years :confused:
With Law: 2.7 Years :D
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indianindian2006
02-17 10:59 AM
Well, no other sites have posted this. Murthy, AILA etc. so its difficult establishing credibility. Also, dont you find it strange that he says EB3 India wont move? It has been at 2001 since long time (excluding anomalies). If that wont move this year when will it move. Are there so many eb3s ? especially with ppl porting to eb2s?
The reason for only him reporting so far could be that it was a Southern California chapter meeting and he is the local attorney out there.
The reason for only him reporting so far could be that it was a Southern California chapter meeting and he is the local attorney out there.
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thepaew
09-24 02:45 PM
Hello Seba
If you are from EB3ROW, you may be spared the endless wait that some of us have to endure. You could file for your green card and go to business school in the US after your green card application has been approved.
Another option could be that you can file your labor certification and hold off on filing I-140 until you hear back from B-school about the status of your application. If you are admitted, you can attend. If denied, you can continue the processing of your GC.
I am not an immigration expert - so please seek an attorney's advice.
Wish You the Best
Thanks for the clear answer thepaew. That is what I thought. I currently have the opportunity to start the green card process with my employer under EB3 ROW, but I am also planning to go for an MBA in the US within the next few years. I am just into my 5th year of H1. It seems that I should not start the green card process if I am sure about going for an MBA in the US within the next few years. That would be terrible if you get into a school you like but cannot attend since you cannot switch from H1 to F1.
If you are from EB3ROW, you may be spared the endless wait that some of us have to endure. You could file for your green card and go to business school in the US after your green card application has been approved.
Another option could be that you can file your labor certification and hold off on filing I-140 until you hear back from B-school about the status of your application. If you are admitted, you can attend. If denied, you can continue the processing of your GC.
I am not an immigration expert - so please seek an attorney's advice.
Wish You the Best
Thanks for the clear answer thepaew. That is what I thought. I currently have the opportunity to start the green card process with my employer under EB3 ROW, but I am also planning to go for an MBA in the US within the next few years. I am just into my 5th year of H1. It seems that I should not start the green card process if I am sure about going for an MBA in the US within the next few years. That would be terrible if you get into a school you like but cannot attend since you cannot switch from H1 to F1.
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unchew
06-06 05:20 PM
aaawww... none of mine :( I guess I'll have to support other fellows!
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kminkeller
03-09 01:08 PM
Hmm thats weird. So what is porting? Does it mean that you can port from EB2 to EB2 only? I was thinking since I have my approved labor and I140 on EB3 and now as I have gained more experience and my salary meets the criteria I should be able to port from EB2 to EB3. If this is not the case then it is messed up.
BTW dentist, I am starting a new job by the end of this month and need to talk to the employer on my situation as they are willing to help me with my paperwork. that is why it is urgent.
Anyone has any insight to this matter.
Thanks.
BTW dentist, I am starting a new job by the end of this month and need to talk to the employer on my situation as they are willing to help me with my paperwork. that is why it is urgent.
Anyone has any insight to this matter.
Thanks.
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06-06 03:50 PM
The Guidlines one and the Family Guy monkey are my favorites cause they make me laugh.
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mchundi
08-05 09:16 PM
get relief from retrogression. Capture of unused visa numbers etc will make us ignore how many apps USCIS received.
Good thing is that people will get interim benefits like EAD/AP.
First they need to cope with the scores of petetions, USCIS and FBI.
For how long will they work overtime to resolve this mess? such bouts as the one we saw in the last two weeks of june are short and few. If they are smart they will flush out the approvable cases early without going thru the EAD cycles year after year.
This is exactly opposite to what they have been doing. If there were 60k approvable cases, i wonder what they were doing all this time. Approving those cases earlier wud have allowed others to get in the system earlier.
Additional VISA numbers may not help anybody, if they don't use them properly
Good thing is that people will get interim benefits like EAD/AP.
First they need to cope with the scores of petetions, USCIS and FBI.
For how long will they work overtime to resolve this mess? such bouts as the one we saw in the last two weeks of june are short and few. If they are smart they will flush out the approvable cases early without going thru the EAD cycles year after year.
This is exactly opposite to what they have been doing. If there were 60k approvable cases, i wonder what they were doing all this time. Approving those cases earlier wud have allowed others to get in the system earlier.
Additional VISA numbers may not help anybody, if they don't use them properly
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mdy_tvr
02-01 04:43 PM
Guys
I recently got my 485 approved and got my card too. My wife's case is bit complicated.
I would appreciate if someone can throw light on this.
She applied her 485 in August 2007. Her 485 was seperately filed with her company since I was physically not present in US at that time in order to apply her as my dependent through my primary 485.
I applied for my 485 in Oct 2007 when I came back to US. I did not add her as dependent since she already applied for her 485.
Later in 2008 ( , my lawyer sent a letter to USCIS requesting them to link her 485 as my dependent. Now after my 485 is approved, my lawyer checked with USCIS whether her case is linked to mine. Lawyer was informed that the case is indeed linked and that her 485 will be approved anytime.
But now, my wife;s position in her company is not that good as there are layoffs happening. If God forbid she gets layed off from her current h1b status, will she be in status? can she continnue to stay in US without working?
thanks
mdy_tvr
I recently got my 485 approved and got my card too. My wife's case is bit complicated.
I would appreciate if someone can throw light on this.
She applied her 485 in August 2007. Her 485 was seperately filed with her company since I was physically not present in US at that time in order to apply her as my dependent through my primary 485.
I applied for my 485 in Oct 2007 when I came back to US. I did not add her as dependent since she already applied for her 485.
Later in 2008 ( , my lawyer sent a letter to USCIS requesting them to link her 485 as my dependent. Now after my 485 is approved, my lawyer checked with USCIS whether her case is linked to mine. Lawyer was informed that the case is indeed linked and that her 485 will be approved anytime.
But now, my wife;s position in her company is not that good as there are layoffs happening. If God forbid she gets layed off from her current h1b status, will she be in status? can she continnue to stay in US without working?
thanks
mdy_tvr
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bmoni
12-22 12:59 PM
GC_2007,
When we change employer i think we can't keep the Priority date
Its been clearly stated bolded when you change employer you will lose your 1-140 PD....any thoughts or am i misreading it.
once the alien�s Form I-140 petition has been approved, the alien beneficiary retains his or her priority date as established by the filing of the labor certification for any future Form I-140 petitions, unless the previously approved Form I-140 petition has been revoked because of fraud or willful misrepresentation. This includes cases where a change of employer has occurred; however, the new employer must obtain a new labor certification if the classification requested requires a labor certification (see
the section on successorship of interest).
(A) Determining the Priority Date. In general, if a petition is supported by an individual labor certification issued by DOL, the priority date is the earliest date upon which the labor certification application was filed with DOL. In those cases where the alien�s priority date is established by the filing of the labor certification, once the alien�s Form I-140 petition has been approved, the alien beneficiary retains his or her priority date as established by the filing of the labor certification for any future Form I-140 petitions, unless the previously approved Form I-140 petition has been revoked because of fraud or willful misrepresentation. This includes cases where a change of employer has occurred; however, the new employer must obtain a new labor certification if the classification requested requires a labor certification (see
the section on successorship of interest).
When we change employer i think we can't keep the Priority date
Its been clearly stated bolded when you change employer you will lose your 1-140 PD....any thoughts or am i misreading it.
once the alien�s Form I-140 petition has been approved, the alien beneficiary retains his or her priority date as established by the filing of the labor certification for any future Form I-140 petitions, unless the previously approved Form I-140 petition has been revoked because of fraud or willful misrepresentation. This includes cases where a change of employer has occurred; however, the new employer must obtain a new labor certification if the classification requested requires a labor certification (see
the section on successorship of interest).
(A) Determining the Priority Date. In general, if a petition is supported by an individual labor certification issued by DOL, the priority date is the earliest date upon which the labor certification application was filed with DOL. In those cases where the alien�s priority date is established by the filing of the labor certification, once the alien�s Form I-140 petition has been approved, the alien beneficiary retains his or her priority date as established by the filing of the labor certification for any future Form I-140 petitions, unless the previously approved Form I-140 petition has been revoked because of fraud or willful misrepresentation. This includes cases where a change of employer has occurred; however, the new employer must obtain a new labor certification if the classification requested requires a labor certification (see
the section on successorship of interest).
Friend
02-19 09:17 AM
USCIS people rejected the Application. Now the application is with my Attorney. So which option I need to select the for the taking the Info Pass appointment. My Attorney is telling if they accept the application and they put any RFE so that we can take the Info Pass appointment is it correct?
Can you suggest which option i need to select for info pass appointment for my case?
Thanks for your valuable response.
Thanks.
Can you suggest which option i need to select for info pass appointment for my case?
Thanks for your valuable response.
Thanks.
rameshvaid
07-01 03:28 PM
My daughter is in college and I was wondering if there is any chance of getting a FAFSA loan for her with I-485 application applied in July 2007.
Thanks
My son got his FAFSA approved last year. I am on H1 and he is on H4. Your daughter either way on H4 or EAD qualifies for FAFSA. If you have questions, you can call FAFSA directly and they are very helpful.
Good Luck..
RV
Thanks
My son got his FAFSA approved last year. I am on H1 and he is on H4. Your daughter either way on H4 or EAD qualifies for FAFSA. If you have questions, you can call FAFSA directly and they are very helpful.
Good Luck..
RV
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