looivy
08-14 12:02 PM
My lawyer sent my I-485 to Vermont instead of Nebraska. I don't know what to do now. I am in lot of stress.
Can I send another application before Aug 17th. I have not got rejection on first one. Will this confuse USCIS?
Gurus, please advice
(BTW I have an approved I-140.)
Can I send another application before Aug 17th. I have not got rejection on first one. Will this confuse USCIS?
Gurus, please advice
(BTW I have an approved I-140.)
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spicy_guy
08-11 12:09 PM
Pappu: Can we do anything about it? It does seem to be a good bill.
If voting on the website really has any impact, why can't we do it?
If voting on the website really has any impact, why can't we do it?
gc_on_demand
09-10 03:11 PM
If person is working for same company after MS then he/she cannot use experience for GC for same company. One of my friend got GC who was working for same company since he graduated and got GC under EB2. He had 4 years of exp after MS when he applied but could not show
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shreekhand
08-03 12:39 AM
Well...most of the applications who applied for I-485 before retrogression hit in 2005 are already approved. So actually we are not seeing an effect of those applications.
What we are witnessing is the effect of all those who could not apply for I-485 from early 2001 till now because of the combined effect of retrogression and BEC! And as if that was not enough all those with PD's up until July 31, 2007 are applying (good for them) but making matters even difficult!!!
We are now seeing the effects of all those applications. Does this make any sense. It's some interesting pattern but I am not completely able to analyze the situation. Any inputs??
What we are witnessing is the effect of all those who could not apply for I-485 from early 2001 till now because of the combined effect of retrogression and BEC! And as if that was not enough all those with PD's up until July 31, 2007 are applying (good for them) but making matters even difficult!!!
We are now seeing the effects of all those applications. Does this make any sense. It's some interesting pattern but I am not completely able to analyze the situation. Any inputs??
more...
aprajimmi
06-13 09:56 AM
Guys,Please do something for priority dates to be current.We are despirately waiting from 4years to file I-485...EAD...I-140 is approved long back.Atleast in this summer we are hoping......
yabadaba
05-24 02:18 PM
Thank you for your comment and the information. Wayne Greene, city editor
>>> <XXXXXX@hotmail.com> 05/23/06 8:32 PM >>>
Name: Y abadaba
Email: XXXXXXXXX
Phone:
City: Atlanta
State: GA
Headline: Still waiting for green card
Publish Date: 5/23/2006
Intended for Publication: No
Comments:
Sir,
This article hits the nail right on the head. However there is one footnote that
needs to be added.
Assuming Salil Pradhan is in the EB-2 Category (Alien with Exceptional Ability
or Advanced degree), if he was born in Mexico he could apply for his I-485, also called adjustment of status, right away.
Just because he was born in India he is being subjected to this backlog
>>> <XXXXXX@hotmail.com> 05/23/06 8:32 PM >>>
Name: Y abadaba
Email: XXXXXXXXX
Phone:
City: Atlanta
State: GA
Headline: Still waiting for green card
Publish Date: 5/23/2006
Intended for Publication: No
Comments:
Sir,
This article hits the nail right on the head. However there is one footnote that
needs to be added.
Assuming Salil Pradhan is in the EB-2 Category (Alien with Exceptional Ability
or Advanced degree), if he was born in Mexico he could apply for his I-485, also called adjustment of status, right away.
Just because he was born in India he is being subjected to this backlog
more...
prioritydate
07-23 11:32 PM
She must have had any idea before getting married. What was her consideration and how she thought of bringing him here to U.S?
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looneytunezez
04-20 06:07 PM
Just got my passport renewed at SF.
Applied in person and opted to get it back in the mail.
Got it in hand exactly in a week from application date...(pretty smooth)....
And i used 2X2 in photo instead of 3.5X3.5 cms....both are ok.
They will adjust it properly in your passport for you...
All the best.
Thanks for your responses.
One last question.
After printing the application form, I see that the photograph size is 3.5 cms * 3.5 cms that the consulate requires. But when I check for the passport size photo in walgreens it is 2 inches * 2 inches. Is it fine if I send 2 inches * 2 inches photo or should I cut exactly 3.5 cms * 3.5 cms and paste one in the form and send the other 2 ?
Thanks.
Applied in person and opted to get it back in the mail.
Got it in hand exactly in a week from application date...(pretty smooth)....
And i used 2X2 in photo instead of 3.5X3.5 cms....both are ok.
They will adjust it properly in your passport for you...
All the best.
Thanks for your responses.
One last question.
After printing the application form, I see that the photograph size is 3.5 cms * 3.5 cms that the consulate requires. But when I check for the passport size photo in walgreens it is 2 inches * 2 inches. Is it fine if I send 2 inches * 2 inches photo or should I cut exactly 3.5 cms * 3.5 cms and paste one in the form and send the other 2 ?
Thanks.
more...
mrajatish
11-17 12:00 PM
Yes, I think this is absolutely true - infact, I have given myself till 2007 end for that specific reason. If nothing changes by 2007 June/July, I will start looking at Australia, Canada, UK and India (most likely I will go back to India).
I might come back when this country changes, and believe me, it will change, esp. when people from baby-boomer generation retires.
I might come back when this country changes, and believe me, it will change, esp. when people from baby-boomer generation retires.
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alkg
09-24 03:43 PM
don't worry be happy
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raysaikat
10-10 05:58 PM
Thank you very much for all your support. If they are able to transfer his visa, then I am suspecting that they will do fraud with me. Can I inform USCIS about our domestic problem ? If they receive any application about visa transfer. How can I know that ? I don't want my visa used by them at all.After that they can do anything with me. Please help. Thanks!
There is nothing called "VISA transfer". All VISA petitions are "new". In some cases, if the person is already in US in legal status, then USCIS will provide I-94 with the VISA approval notice so that the person does not have to go out; otherwise s/he has to go out of US, get a VISA stamp (if s/he has no VISA stamp for that category) and return on that VISA.
At the time of his new VISA petition, if your dependent wants to claim the he is in H-4 status (so that USCIS gives him I-94), he has to submit copies of primary's (yours) I-797, VISA stamp, etc., with his own application to prove that the primary is in status. In your case, ask your employer to withdraw the H1-B application from USCIS once you leave US. This way your dependent will not be able to use your I-797 to prove his status. AFAIK, usually an employer does not do so since it is additional cost for them. Keep a copy of the letter/email you send to your employer requesting them to withdraw the H1-B petition, and the letter/email you send to your dependent informing him about your departure and that he will be out of status from that time (keep proof of delivery for any physical mail). That should protect you.
You may choose to tip off ICE (1-866-DHS-2-ICE) after your departure that your dependent has not left US, and is out of status. He will not start accruing "illegal presence" until 6 months, but he will be "out of status" from the day you quit your US position. I believe he cannot stay in US as "out of status" (i.e., if ICE wants, they will be able to deport him). In any case, you should take a decision to do such a thing only after considerable thought and keeping aside any anger from the decision process.
There is nothing called "VISA transfer". All VISA petitions are "new". In some cases, if the person is already in US in legal status, then USCIS will provide I-94 with the VISA approval notice so that the person does not have to go out; otherwise s/he has to go out of US, get a VISA stamp (if s/he has no VISA stamp for that category) and return on that VISA.
At the time of his new VISA petition, if your dependent wants to claim the he is in H-4 status (so that USCIS gives him I-94), he has to submit copies of primary's (yours) I-797, VISA stamp, etc., with his own application to prove that the primary is in status. In your case, ask your employer to withdraw the H1-B application from USCIS once you leave US. This way your dependent will not be able to use your I-797 to prove his status. AFAIK, usually an employer does not do so since it is additional cost for them. Keep a copy of the letter/email you send to your employer requesting them to withdraw the H1-B petition, and the letter/email you send to your dependent informing him about your departure and that he will be out of status from that time (keep proof of delivery for any physical mail). That should protect you.
You may choose to tip off ICE (1-866-DHS-2-ICE) after your departure that your dependent has not left US, and is out of status. He will not start accruing "illegal presence" until 6 months, but he will be "out of status" from the day you quit your US position. I believe he cannot stay in US as "out of status" (i.e., if ICE wants, they will be able to deport him). In any case, you should take a decision to do such a thing only after considerable thought and keeping aside any anger from the decision process.
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chanduv23
08-06 10:02 AM
I will be there
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mmaxima
08-21 04:24 PM
From http://immigrationvoice.org/index.php?option=com_content&task=view&id=56&Itemid=25
"The annual limit for EB visa numbers is 140,000. This number also includes the dependents of an EB applicant. In addition there is a per-country limit set at 7% of the total."
That's provided that India gets 7%. ROW is in retrogression as well. The visa number is divided among all country. 7% rule only apply when visa number is abundant otherwise it's shared.
"The annual limit for EB visa numbers is 140,000. This number also includes the dependents of an EB applicant. In addition there is a per-country limit set at 7% of the total."
That's provided that India gets 7%. ROW is in retrogression as well. The visa number is divided among all country. 7% rule only apply when visa number is abundant otherwise it's shared.
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desi3933
03-03 12:30 PM
Desi, Thanks for the translation, it was very helpful. However, I failed to find in this document anywhere that a PD obtained from EB application can not be ported to an FB category.
Its not even for ENTIRE employment based category either.
As mentioned in the document, porting applies ONLY for immigrant petitions (I-140) approved under EB-1, EB-2 or EB-3 classification.
PD can NOT be ported for EB-4 and EB-5 either.
__________________
Not a legal advice.
Its not even for ENTIRE employment based category either.
As mentioned in the document, porting applies ONLY for immigrant petitions (I-140) approved under EB-1, EB-2 or EB-3 classification.
PD can NOT be ported for EB-4 and EB-5 either.
__________________
Not a legal advice.
more...
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Ann Ruben
02-11 09:30 PM
Hi Euclid,
In my opinion, your situation clearly falls within the "receipt rule". The rec't for replacement of the lost EAD is good for up to 90 days. Below is an excerpt from the the most recent I-9 Handbook for Employers published by USCIS. This pretty clearly differentiates between a rec't for an initial or renewal application and a rec't for an application to replace a lost document.
Ann
Q When can employees present receipts for documents in lieu of actual documents establishing employment authorization?
A The “receipt rule” is designed to cover situations in which an employee is employment autho- rized at the time of initial hire or reverification, but he or she is not in possession of a document listed on page 5 of Form I-9. Receipts showing that a person has applied for an initial grant of employment authorization or for renewal of employment authorization are not acceptable.
An individual may present a receipt in lieu of a document listed on Form I-9 to complete Section 2 of Form I-9.The receipt is valid for a temporary period.There are three different documents that qualify as receipts under the rule:
32
1.
A receipt for a replacement document when the document has been lost, stolen, or damaged.The receipt is valid for 90 days, after which the individual must present the
replacement document to complete Form I-9.
Note: This rule does not apply to individuals who pres- ent receipts for new documents following the expiration of their previously held document.
In my opinion, your situation clearly falls within the "receipt rule". The rec't for replacement of the lost EAD is good for up to 90 days. Below is an excerpt from the the most recent I-9 Handbook for Employers published by USCIS. This pretty clearly differentiates between a rec't for an initial or renewal application and a rec't for an application to replace a lost document.
Ann
Q When can employees present receipts for documents in lieu of actual documents establishing employment authorization?
A The “receipt rule” is designed to cover situations in which an employee is employment autho- rized at the time of initial hire or reverification, but he or she is not in possession of a document listed on page 5 of Form I-9. Receipts showing that a person has applied for an initial grant of employment authorization or for renewal of employment authorization are not acceptable.
An individual may present a receipt in lieu of a document listed on Form I-9 to complete Section 2 of Form I-9.The receipt is valid for a temporary period.There are three different documents that qualify as receipts under the rule:
32
1.
A receipt for a replacement document when the document has been lost, stolen, or damaged.The receipt is valid for 90 days, after which the individual must present the
replacement document to complete Form I-9.
Note: This rule does not apply to individuals who pres- ent receipts for new documents following the expiration of their previously held document.
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digitalrain
06-26 06:53 PM
Thank you for the advice.
more...
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Humpakistani
03-26 02:13 AM
its processing time is not more then a week
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kimbhoot
09-15 09:45 AM
Hi,
I just got my I-140 approved, under EB3 I am waiting to file 485, now I got an offer from another department in the same company.. both are tech positions, my current title is Network Specialist although I do web development too, and this new one is programmer Analyst (mostly web programming), the job description matches a little bit, but they're not completely the same..
I would greatly appreciate if someone can tell me what I'm allowed to do and what not.. I don't want to go thru the PERM process again. I looked around and looks like if the job description is similar then I can but it depends how u define similar.. Please Help.
Also how do you report (if you need to report) that the position title or salary or responsibility changes to INS. if the new department is willing to change their description to match my current one will that be fine?
I just got my I-140 approved, under EB3 I am waiting to file 485, now I got an offer from another department in the same company.. both are tech positions, my current title is Network Specialist although I do web development too, and this new one is programmer Analyst (mostly web programming), the job description matches a little bit, but they're not completely the same..
I would greatly appreciate if someone can tell me what I'm allowed to do and what not.. I don't want to go thru the PERM process again. I looked around and looks like if the job description is similar then I can but it depends how u define similar.. Please Help.
Also how do you report (if you need to report) that the position title or salary or responsibility changes to INS. if the new department is willing to change their description to match my current one will that be fine?
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jr8rdt
11-23 09:18 PM
How to get a notarized experience letter?
should the exp letter be signed in front of the notary (this can be difficult because the person is overseas)? or can I just give the copy of the experience letter to the notary for him to notarized it? what is the process? anybody??
thanks
should the exp letter be signed in front of the notary (this can be difficult because the person is overseas)? or can I just give the copy of the experience letter to the notary for him to notarized it? what is the process? anybody??
thanks
Anders �stberg
July 15th, 2004, 12:51 PM
Thanks for your kind comments!
Janet, you're right, they're about ready. They did fly around occasionally, sometimes grabbing the food out of the mouth of a parent in midair. Couldn't catch that on "film" unfortunately. :)
Picture taken with my 300/2.8, only mildly cropped, I was standing less than 5 meters away.
EXIF: ISO 400, f/7.1, 1/1250s.
As they were quite strongly backlit I used fill flash from 550EX + Better Beamer (first time I tried it), at -1 or possibly -2 (can't remember which)
Janet, you're right, they're about ready. They did fly around occasionally, sometimes grabbing the food out of the mouth of a parent in midair. Couldn't catch that on "film" unfortunately. :)
Picture taken with my 300/2.8, only mildly cropped, I was standing less than 5 meters away.
EXIF: ISO 400, f/7.1, 1/1250s.
As they were quite strongly backlit I used fill flash from 550EX + Better Beamer (first time I tried it), at -1 or possibly -2 (can't remember which)
raamskl
10-04 08:30 PM
Thanks for sharing.
