sanjay02
03-13 07:46 PM
Dude
For you to file I-485 the dates must be current, yes you can file for I-485 yourself.
For you to file I-485 the dates must be current, yes you can file for I-485 yourself.
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meridiani.planum
05-13 04:52 PM
^^bump^^
test101
07-17 08:44 PM
what happenes if my lawyer does not send tax return with I-485?
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JA1HIND
02-14 03:31 PM
I have filed my H1B extension on November as my H1B is expiring on 23rd Feb.
I haven't got my approval yet. I have currently EAD and my I140 approved.
My question is if I don't get my approval on or before 23rd Feb what will happen to my status?
My Lawyer said once you filed you have 140 days (or 160 days forgot) for approval meaning even if it does not get approved on or before I will be on H1B till I complete 140 days from date of filling.
Please advise.
Since you have already applied for your extension & I think you should be fine until 240 days beyond your current H1 expiry date. I filed my H1(8th year) ext on Oct 21st, 2007 and got my approval notice via mail directly to my employer on Jan 31st. Useless online status still shows "Case received and pending"...:D
Relax man you will get it, its just a matter of time and looks like your are still in their normal processing time frame.
I haven't got my approval yet. I have currently EAD and my I140 approved.
My question is if I don't get my approval on or before 23rd Feb what will happen to my status?
My Lawyer said once you filed you have 140 days (or 160 days forgot) for approval meaning even if it does not get approved on or before I will be on H1B till I complete 140 days from date of filling.
Please advise.
Since you have already applied for your extension & I think you should be fine until 240 days beyond your current H1 expiry date. I filed my H1(8th year) ext on Oct 21st, 2007 and got my approval notice via mail directly to my employer on Jan 31st. Useless online status still shows "Case received and pending"...:D
Relax man you will get it, its just a matter of time and looks like your are still in their normal processing time frame.
more...
resident1374
01-26 03:43 PM
I am requesting some expert answers -
Recently had family-based AOS interview with the USCIS (my wife is a naturalized citizen). One question was asked by the officer - "Did I travel outside US after filing the AOS?" and my answer "Yes - to Canada for few days - by car".
I traveled to Canada on my company�s H1B.
The officer explained that once you file you Marriage based GC the only way you can travel is on Advance Parole. Travel on H1B is possible as long as the H1 and the AOS is of the same employer. In my case the AOS was family-based and the travel was on H1B. Such a travel may be considered to be abandonment of the Family based GC process.
The officer was extremely helpful in providing us information and said he needed more time to go through my case and decide on approval/denial of my case after consulting with other officers/supervisors (I130 looks good for approval) but there is a possibility (he said) that I may have to re-file the I-485 but there is a possibility that I may be approved.
He told he is waiting on some papers which is in some other State and that will take some time (not sure what papers was he talking about)
He also said that he will also look into my employer-based GC and see if he can approve that case if possible? Well, I am not sure about that as my priority date is SEP 2004 (EB3). This he said will save me some money of not re-filing and also instead of 2yr conditional GC (marrige is less than 2yrs) I will be able to get 10 yr GC. He took a copy of my I-140 receipt.
Now, I have a full-time offer from a company and not sure what to do? What if I use my Family-based EAD - that will invalidate my employer based pending AOS - correct? And what if my Family-based I485 gets denied due to abandonment while on the EAD - is the EAD still valid or is it valid only after re-filing the I485?
Any suggestions?
Recently had family-based AOS interview with the USCIS (my wife is a naturalized citizen). One question was asked by the officer - "Did I travel outside US after filing the AOS?" and my answer "Yes - to Canada for few days - by car".
I traveled to Canada on my company�s H1B.
The officer explained that once you file you Marriage based GC the only way you can travel is on Advance Parole. Travel on H1B is possible as long as the H1 and the AOS is of the same employer. In my case the AOS was family-based and the travel was on H1B. Such a travel may be considered to be abandonment of the Family based GC process.
The officer was extremely helpful in providing us information and said he needed more time to go through my case and decide on approval/denial of my case after consulting with other officers/supervisors (I130 looks good for approval) but there is a possibility (he said) that I may have to re-file the I-485 but there is a possibility that I may be approved.
He told he is waiting on some papers which is in some other State and that will take some time (not sure what papers was he talking about)
He also said that he will also look into my employer-based GC and see if he can approve that case if possible? Well, I am not sure about that as my priority date is SEP 2004 (EB3). This he said will save me some money of not re-filing and also instead of 2yr conditional GC (marrige is less than 2yrs) I will be able to get 10 yr GC. He took a copy of my I-140 receipt.
Now, I have a full-time offer from a company and not sure what to do? What if I use my Family-based EAD - that will invalidate my employer based pending AOS - correct? And what if my Family-based I485 gets denied due to abandonment while on the EAD - is the EAD still valid or is it valid only after re-filing the I485?
Any suggestions?
ajju
09-07 12:14 AM
I dont think it is allowed. One would think that working outside the US while you are waiting for "Adjustment of Status" would be considered abandonment of your I 485
Still its good to check with your attorney first...
Still its good to check with your attorney first...
more...
ajju
09-03 10:50 PM
Well, my forms were returned to my attorney because of some filing issue. So instead of my EAD as I was expecting I have to refile. Of course I now have a job offer that I would like to take.
My husband (who is a US citizen) is in school and will be depending on my salary. I dont know if that counts as a big financial loss.
Where can I go to find this out. I think my attorney i doing a less than great job in giving me the proper options to choose from.
Any help would be appreciated.
Check with your lawyer... (not this old one.. who's so forgotful :-))
Get a better lawyer like Murthy or Khanna... if your life depends on it...
My husband (who is a US citizen) is in school and will be depending on my salary. I dont know if that counts as a big financial loss.
Where can I go to find this out. I think my attorney i doing a less than great job in giving me the proper options to choose from.
Any help would be appreciated.
Check with your lawyer... (not this old one.. who's so forgotful :-))
Get a better lawyer like Murthy or Khanna... if your life depends on it...
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paskal
05-29 10:48 AM
they are decreasing from 140,000 to 90,0000....
note that even though this bill is just not good enough for relief that fact is that the number of GC available to a backlogged country like india goes up about 150% under the new 190,000...this does not include the 14,000 additional numbers from the MBS.
Why?
only for backlog, so no EB1 (28.6%) and no EB2 except india and china. also country quota increased to 10%
so available numbers eg india increase from 5,600 to 9,000 (+14,000 MBS)
i put up a detailed calculation for this earlier on somewhere
search for it if you are really interested.
note that even though this bill is just not good enough for relief that fact is that the number of GC available to a backlogged country like india goes up about 150% under the new 190,000...this does not include the 14,000 additional numbers from the MBS.
Why?
only for backlog, so no EB1 (28.6%) and no EB2 except india and china. also country quota increased to 10%
so available numbers eg india increase from 5,600 to 9,000 (+14,000 MBS)
i put up a detailed calculation for this earlier on somewhere
search for it if you are really interested.
more...
furiouspride
08-24 07:10 PM
Ok you have an H1 with an employer and you got another job offer in a different company through this employer? How is this possible?
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jsb
11-02 11:17 AM
Dear Friends,
Can I quite my current job in the US and go back to india for 6 months come back on AP and find similar job ? is this possible ? how long can I stay in india
before my I-485 status "runs out" ?
My PD is June 2005/EB2. I am a July 2 filer. I have received I-485 receipt,EAD and AP.
Thanks.
If your current employer is your GC sponsor, won't he withdraw its I-140 if you quit? As I-140 is for future job, if you and him continue to have intent of making employee/employer relationship as per filed I-140, you can do whatever you want in the meantime, but you would need to work for him on getting your GC. Or you can wait and hope that I-140 is not approved within 180 days. In that case you can move to the new employer. Employment with sponsoring employer prior to GC approval, paystubs, etc. are only for establishaing and restrengthening expressed intent.
Can I quite my current job in the US and go back to india for 6 months come back on AP and find similar job ? is this possible ? how long can I stay in india
before my I-485 status "runs out" ?
My PD is June 2005/EB2. I am a July 2 filer. I have received I-485 receipt,EAD and AP.
Thanks.
If your current employer is your GC sponsor, won't he withdraw its I-140 if you quit? As I-140 is for future job, if you and him continue to have intent of making employee/employer relationship as per filed I-140, you can do whatever you want in the meantime, but you would need to work for him on getting your GC. Or you can wait and hope that I-140 is not approved within 180 days. In that case you can move to the new employer. Employment with sponsoring employer prior to GC approval, paystubs, etc. are only for establishaing and restrengthening expressed intent.
more...
md2003
10-24 10:39 AM
I am planning to file Labor in EB2. My Attorney sent job requirement which needs Master's + 1 year experience. But my current salary is almost 20k less than prevailing wage (level 4) for senior software engineer. But currently my salary equivalent to wage level 2.
I think i may get query at i140 , But Lawyer suggested Employer would need to be able to demonstrate their ability to pay the difference between actual salary and the prevailing wage at the time of the I-140 filing .
I am unable to get clear picture on wage levels. If i mention Level 2 , will this qualify for EB2?
Any suggestions on this.
Thx
I think i may get query at i140 , But Lawyer suggested Employer would need to be able to demonstrate their ability to pay the difference between actual salary and the prevailing wage at the time of the I-140 filing .
I am unable to get clear picture on wage levels. If i mention Level 2 , will this qualify for EB2?
Any suggestions on this.
Thx
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terah14
10-27 12:59 AM
The process of delay in the background check is known as the extended background check becasue I have not hear and read regarding this extended back ground check before. So anyone has hear this word or has anyone has idea about this???
more...
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cr125rider
04-24 10:37 PM
That one is cool!
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desi3933
06-16 04:53 PM
Do I need to provide any proof during the interview stating he is my step son? or the documents between the mother and the son will suffice?
Proof that he is biological son of your wife (birth certificate).
___________________
Not a legal advice.
Proof that he is biological son of your wife (birth certificate).
___________________
Not a legal advice.
more...
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thomachan72
03-18 08:58 AM
What are the rules for getting a new 3 X 2 year H1.
Person leaves US while on the 5th year in November 07.
applies for H1b in april 08 and gets new H1b valid from Oct 08 to March 09.
However re-enters US only after 365 days of external stay in december 08 (not in Oct 08).
Is he eligible for a new 3X2 year H1 or can he obtain only a year extension to recapture the time spent abroad (365 days)?
Person leaves US while on the 5th year in November 07.
applies for H1b in april 08 and gets new H1b valid from Oct 08 to March 09.
However re-enters US only after 365 days of external stay in december 08 (not in Oct 08).
Is he eligible for a new 3X2 year H1 or can he obtain only a year extension to recapture the time spent abroad (365 days)?
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houston2005
08-08 02:38 PM
how do u prove an emergency, its based on telephone call
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trueguy
06-24 05:24 PM
Its only for people who are on some kind of visa. You don't qualify for MAVNI if you have a GreenCard and looking for quick Citizenship.
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485Mbe4001
06-08 12:21 PM
:p maybe 2020, i am sure my PD will become current the day i buy tickets to return:D
i dunno abt May 2001. But here is the prediction for Eb3 India being current.
..
...
.....
NEVER!! :p
i dunno abt May 2001. But here is the prediction for Eb3 India being current.
..
...
.....
NEVER!! :p
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ValleyCoolie
02-22 08:28 PM
This is going to be interesting.. Finally someone speeking about legal immigration..
The description says its about people getting their citizenship in time to vote. I doubt if they would talk about EB, backlogs, and the plight of honest-tax-paying H1B people.
http://www.cnn.com/CNN/Programs/anderson.cooper.360/index.html
The description says its about people getting their citizenship in time to vote. I doubt if they would talk about EB, backlogs, and the plight of honest-tax-paying H1B people.
http://www.cnn.com/CNN/Programs/anderson.cooper.360/index.html
shreekarthik
07-01 07:25 PM
I had expected some kind of outlook from the recent AILA - DoS liaison that happened in San Antonio. Both Matthew Oh and Sheela Murthy did not report any outlook. But here's an outlook from another lawyer
http://www.gtlaw.com/practices/immi.../2006/06/27.htm
Immigration News Flash
June 27, 2006
Further Retrogression for Employment-Based Immigrant Visas Anticipated
At a recent immigration conference in San Antonio, it was reported that the Department of State ("DOS") expects that the EB1 China category will remain current and the EB2 China category to continue advancing. On a less positive note, further delays in the EB1 and EB2 categories for Indian nationals is expected as well as the EB3 category for all nationalities. With the Department of Labor's optimistic projection that the the Backlog Elimination Centers will meet their goal of eliminating its backlog and processing the remaining labor certifications filed pre-PERM implementation by September 2007, the DOS expects severe retrogression in many of the categories, particularly the EB3 categories - across the board. While this report is pure speculation, it does spark concern that applicants will be facing further delays in the permanent residence process. The DOS' Visa Bulletin is released on a monthly basis at http://travel.state.gov/visa/frvi/b...letin_1770.html. Greenberg Traurig will continue to monitor this issue and provide further updates as soon as they are available.
Looks like it's a long haul for EB3 in general and could be punishing for EB3-IND and EB2-IND.
This is the effect of increasing the H1B quota to 115,000 for 2 years and then to 195000 in 1 year without actually increasing the GC quota.
Good luck to all of us. Those who are in late 2001 and early 2002 EB3-IND filers can hope to get relief in the next year or so but unless some bill passes other EB3-IND filers should possibly work towards Plan B. Also read the report by USCIS ombudsman. It's quite revealing about the working of USCIS. This country might be technologically advanced but it's bureaucracy seems to be much worse than third world countries comparitively.
http://www.gtlaw.com/practices/immi.../2006/06/27.htm
Immigration News Flash
June 27, 2006
Further Retrogression for Employment-Based Immigrant Visas Anticipated
At a recent immigration conference in San Antonio, it was reported that the Department of State ("DOS") expects that the EB1 China category will remain current and the EB2 China category to continue advancing. On a less positive note, further delays in the EB1 and EB2 categories for Indian nationals is expected as well as the EB3 category for all nationalities. With the Department of Labor's optimistic projection that the the Backlog Elimination Centers will meet their goal of eliminating its backlog and processing the remaining labor certifications filed pre-PERM implementation by September 2007, the DOS expects severe retrogression in many of the categories, particularly the EB3 categories - across the board. While this report is pure speculation, it does spark concern that applicants will be facing further delays in the permanent residence process. The DOS' Visa Bulletin is released on a monthly basis at http://travel.state.gov/visa/frvi/b...letin_1770.html. Greenberg Traurig will continue to monitor this issue and provide further updates as soon as they are available.
Looks like it's a long haul for EB3 in general and could be punishing for EB3-IND and EB2-IND.
This is the effect of increasing the H1B quota to 115,000 for 2 years and then to 195000 in 1 year without actually increasing the GC quota.
Good luck to all of us. Those who are in late 2001 and early 2002 EB3-IND filers can hope to get relief in the next year or so but unless some bill passes other EB3-IND filers should possibly work towards Plan B. Also read the report by USCIS ombudsman. It's quite revealing about the working of USCIS. This country might be technologically advanced but it's bureaucracy seems to be much worse than third world countries comparitively.
Blog Feeds
04-26 11:30 AM
The Dallas suburb of Farmers Branch has been in the news for a couple of years now because of its efforts to run undocumented immigrants out of the city. The city leaders have attempted to do this by passing ordinances making it illegal to rent apartments or houses to such immigrants.
Unfortunately for the city, these ordinances keep getting shot down in court as unconstitutional, and the city has been forced to pay the legal fees of the plaintiffs who sue the city over the ordinances. After the latest adverse ruling, the Farmers Branch City Council voted this month to appeal the federal court judgment.
The rationale for the appeal is that this time the decision will be made by the 5th U.S. Circuit Court of Appeals, which is notoriously conservative. The city believes this court will be more likely to ignore or overturn other court opinions and decide that the ordinance is indeed constitutional.
The city's outside counsel has estimated the legal fees for an appeal could range from $100,000 to $150,000. Thus far, Farmers Branch has spent about $3.2 million trying to get illegal immigrants out of town, and has set aside another $620,000 for the remainder of 2010. By some estimates, the total legal costs could be more than $5 million by the end of this year. That's a lot of money for a city with a population of about 30,000.
For several years I lived in Carrollton, the suburb immediately north of Farmers Branch. I worked in Dallas, immediately south of Farmers Branch. So I passed through Farmers Branch at least twice each day, and actually was in the city far more than that. It's a nice town, with nice people. I hate to see all the negative publicity they are getting, although I do strongly disagree with their attempts to drive immigrants from Farmers Branch.
I know Farmers Branch has much more pressing needs for the money they are spending on these federal court appeals. Road maintenance, libraries, activities for senior citizens, and many other city projects are left wanting. That's a sad situation, and unfair to the residents of Farmers Branch.
More... (http://feedproxy.google.com/~r/Immigration-law-answers-blog/~3/Oob_4ayth6c/)
Unfortunately for the city, these ordinances keep getting shot down in court as unconstitutional, and the city has been forced to pay the legal fees of the plaintiffs who sue the city over the ordinances. After the latest adverse ruling, the Farmers Branch City Council voted this month to appeal the federal court judgment.
The rationale for the appeal is that this time the decision will be made by the 5th U.S. Circuit Court of Appeals, which is notoriously conservative. The city believes this court will be more likely to ignore or overturn other court opinions and decide that the ordinance is indeed constitutional.
The city's outside counsel has estimated the legal fees for an appeal could range from $100,000 to $150,000. Thus far, Farmers Branch has spent about $3.2 million trying to get illegal immigrants out of town, and has set aside another $620,000 for the remainder of 2010. By some estimates, the total legal costs could be more than $5 million by the end of this year. That's a lot of money for a city with a population of about 30,000.
For several years I lived in Carrollton, the suburb immediately north of Farmers Branch. I worked in Dallas, immediately south of Farmers Branch. So I passed through Farmers Branch at least twice each day, and actually was in the city far more than that. It's a nice town, with nice people. I hate to see all the negative publicity they are getting, although I do strongly disagree with their attempts to drive immigrants from Farmers Branch.
I know Farmers Branch has much more pressing needs for the money they are spending on these federal court appeals. Road maintenance, libraries, activities for senior citizens, and many other city projects are left wanting. That's a sad situation, and unfair to the residents of Farmers Branch.
More... (http://feedproxy.google.com/~r/Immigration-law-answers-blog/~3/Oob_4ayth6c/)
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