chanduv23
07-31 11:10 AM
You are not. EAD is basically for spouse. Primary applicant need to be careful on using EAD.
I second that. EAD must be used only in dire circumstances like exploitative employer, low salary, layoff, fired, etc.. if you are having a decent job and good pay, you are better off to be on h1b as much as possible
I second that. EAD must be used only in dire circumstances like exploitative employer, low salary, layoff, fired, etc.. if you are having a decent job and good pay, you are better off to be on h1b as much as possible
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bheemi
03-28 03:05 PM
Hi Logicifile,
so are we going to work on pushing an ammendment when this bill is on discussion on the senate floor or house...could you please clarify...
Thanks
so are we going to work on pushing an ammendment when this bill is on discussion on the senate floor or house...could you please clarify...
Thanks
gc_bucs
03-18 10:18 AM
You & your wife should talk to a good attorney about the possibility of using "interfiling" in case of a divorce. I was in the same situation as you couple of years ago & Shiela Murthy's office recommended "interfiling". If you need more information send me a PM
Need your opinion on this.. filed for I-485 on EB2 in July 07. I am the primary applicant. I have been married since May '04. Need to apply for a divorce. My wife, a derivative in my application, is holding up the process as it may affect her chances of getting a GC without any sweat. She has an parallel GC process running solely in her name, which I believe hasnt cleared PERM yet (some sort of audit). She is on H1B, extendable for another 3 years, and has EAD from my GC application. Will there be any implications on her application if the divorce goes through? And also, can I out of spite do anything to get her derivative application out of the queue :rolleyes: ?
Need your opinion on this.. filed for I-485 on EB2 in July 07. I am the primary applicant. I have been married since May '04. Need to apply for a divorce. My wife, a derivative in my application, is holding up the process as it may affect her chances of getting a GC without any sweat. She has an parallel GC process running solely in her name, which I believe hasnt cleared PERM yet (some sort of audit). She is on H1B, extendable for another 3 years, and has EAD from my GC application. Will there be any implications on her application if the divorce goes through? And also, can I out of spite do anything to get her derivative application out of the queue :rolleyes: ?
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clockwork
02-02 06:15 PM
If i am understanding you right.....your labor is applied for EB2 qualification but I-140 is applied and approved in EB3. And you want to reapply a new I-140 for EB2 by using the same labor. I believe, you should be able to apply.
Labor certification is not expired as another poster mentioned. It will expire in 180 days only if no I-140 is applied using that labor.
Consult a good attorney and it will be worthwhile instead of waiting for backlogged EB3.
Labor certification is not expired as another poster mentioned. It will expire in 180 days only if no I-140 is applied using that labor.
Consult a good attorney and it will be worthwhile instead of waiting for backlogged EB3.
more...
zephyrr
03-21 12:35 PM
Yes, there is a certain amount of risk depending on the company you work for. If you work for a Fortune 10 which has a 100% track record wit 140s, your risk is mitigated.
I agree that one should probably do it for compelling reasons.
I think relevent part here is Q 1.
Question 1. How should service centers or district offices process unapproved I-140
petitions that were concurrently filed with I-485 applications that have been pending
180 days in relation to the I-140 portability provisions under �106(c) of AC21?
Answer: If it is discovered that a beneficiary has ported off of an unapproved I-140 and I-485 that has
been pending for 180 days or more, the following procedures should be applied:
A. Review the pending I-140 petition to determine if the preponderance of the evidence
establishes that the case is approvable or would have been approvable had it been adjudicated
within 180 days. If the petition is approvable but for an ability to pay issue or any other issue
relating to a time after the filing of the petition, approve the petition on it�s merits. Then
adjudicate the adjustment of status application to determine if the new position is the same or
similar occupational classification for I-140 portability purposes.
B. If a request for additional evidence (RFE) is necessary to resolve a material issue, other than
post-filing issues such as ability to pay, an RFE can be issued to try to resolve the issue. When a
response is received, and if the petition is approvable, follow the procedures in part A above.
Interim guidance for processing I-140 employment-based immigrant petitions and I-485 and H-1B petitions affected
by the American Competitiveness in the Twenty-First Century Act of 2000 (AC21) (Public Law 106-313)
--------------------------
If that isn't risky.. I think you are all set for that week-end bungy jump from golden gate bridge!
I agree that one should probably do it for compelling reasons.
I think relevent part here is Q 1.
Question 1. How should service centers or district offices process unapproved I-140
petitions that were concurrently filed with I-485 applications that have been pending
180 days in relation to the I-140 portability provisions under �106(c) of AC21?
Answer: If it is discovered that a beneficiary has ported off of an unapproved I-140 and I-485 that has
been pending for 180 days or more, the following procedures should be applied:
A. Review the pending I-140 petition to determine if the preponderance of the evidence
establishes that the case is approvable or would have been approvable had it been adjudicated
within 180 days. If the petition is approvable but for an ability to pay issue or any other issue
relating to a time after the filing of the petition, approve the petition on it�s merits. Then
adjudicate the adjustment of status application to determine if the new position is the same or
similar occupational classification for I-140 portability purposes.
B. If a request for additional evidence (RFE) is necessary to resolve a material issue, other than
post-filing issues such as ability to pay, an RFE can be issued to try to resolve the issue. When a
response is received, and if the petition is approvable, follow the procedures in part A above.
Interim guidance for processing I-140 employment-based immigrant petitions and I-485 and H-1B petitions affected
by the American Competitiveness in the Twenty-First Century Act of 2000 (AC21) (Public Law 106-313)
--------------------------
If that isn't risky.. I think you are all set for that week-end bungy jump from golden gate bridge!
singhsa3
07-12 09:18 AM
Thats not the fact! and could be easily argued against.
"We continue to pay for Your Social Security
But the presidency gives illegals over legals more priority"
"We continue to pay for Your Social Security
But the presidency gives illegals over legals more priority"
more...
looivy
08-14 12:11 PM
That is a relief...
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jumanji4u
04-07 02:29 PM
as knowledge and age, grows the maturity grows...but it seems like the opposite here...please ppl stop the nonsense of universities...lets pray we all get our dreams come true.
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avisitinguser
10-11 01:08 PM
Our applications reached to TSC on July 27. I have received my receipts. But no receipts and no checks cashed for my wife's applications. Is anyone in the same situation?
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ss777
12-01 07:35 PM
It sometimes take longer than few days. During my years of getting AP's every year there are times I had my AP in hand within 3 days to almost 20 days. I am confident you will get your AP document much before the end of the month. Good luck with your travel plans.
more...
sw33t
05-21 08:49 AM
<start sarcasm>
Yeah. Carry your documents with you at all times... Don't worry about losing it.... Getting detained by the officials for 10 minutes while they verify your status over radio is totally worth it than waiting for 4 - 6 weeks to replace your lost documents.
</end sarcasm>
a. As someone who is quite familiar with border town routes (Nooo... I am not a coyote!) please brown people, please carry your documents. Your stay in the US had not made you white yet, so carry your documents. At one time, I was traveling from Albany to Potsdam (Way Upstate NY) and I was stopped. I had all of my papers labeled and arranged neatly and the official exclaimed that I was well prepared. Uhh.. yeah.
b. Do not make photocopies of official US Documents. Its a violation. The official will understand why you made a copy, but ITS A VIOLATION. On that note, please do make a photocopy. It helps the border agent to verify your status using the document number on the photocopied documents. Secretly, he will thank you that you had your document (either original or photocopied) and will warn you to not make copies and its a violation. I personally do make photocopies. Why? See the first half of my sarcastic write up.
c. Your passport along with visa stamp page is the most important thing a Border agent would want to see. If you go to school in a 50 mile radius, your School ID along with your passport and definitely a copy of I-20 is a must.
d. If you decide not to do any of the above, keep getting pulled over a few times in a week for a month and the next time you do pass by a check post, they will high-five you and let you through.
Understand that they are looking to answer the basic question:
ARE YOU LEGAL OR ILLEGAL?
WARNING: The above pointers are documented based on personal experiences and are not to be construed as legal advice. If you do take it as legal advice, I will have to charge you lawyer fees running into thousands of $.
Yeah. Carry your documents with you at all times... Don't worry about losing it.... Getting detained by the officials for 10 minutes while they verify your status over radio is totally worth it than waiting for 4 - 6 weeks to replace your lost documents.
</end sarcasm>
a. As someone who is quite familiar with border town routes (Nooo... I am not a coyote!) please brown people, please carry your documents. Your stay in the US had not made you white yet, so carry your documents. At one time, I was traveling from Albany to Potsdam (Way Upstate NY) and I was stopped. I had all of my papers labeled and arranged neatly and the official exclaimed that I was well prepared. Uhh.. yeah.
b. Do not make photocopies of official US Documents. Its a violation. The official will understand why you made a copy, but ITS A VIOLATION. On that note, please do make a photocopy. It helps the border agent to verify your status using the document number on the photocopied documents. Secretly, he will thank you that you had your document (either original or photocopied) and will warn you to not make copies and its a violation. I personally do make photocopies. Why? See the first half of my sarcastic write up.
c. Your passport along with visa stamp page is the most important thing a Border agent would want to see. If you go to school in a 50 mile radius, your School ID along with your passport and definitely a copy of I-20 is a must.
d. If you decide not to do any of the above, keep getting pulled over a few times in a week for a month and the next time you do pass by a check post, they will high-five you and let you through.
Understand that they are looking to answer the basic question:
ARE YOU LEGAL OR ILLEGAL?
WARNING: The above pointers are documented based on personal experiences and are not to be construed as legal advice. If you do take it as legal advice, I will have to charge you lawyer fees running into thousands of $.
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gc28262
08-27 06:37 PM
Use FOIA form to get a copy of your I-140 approval notice. It is a slow process. Can take upto a year to get the document.
USCIS - Freedom of Information and Privacy Acts (FOIA) (http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextchannel=34139c7755cb9010VgnVCM10000045f3d6a 1RCRD&vgnextoid=34139c7755cb9010VgnVCM10000045f3d6a1RCRD )
USCIS - Freedom of Information and Privacy Acts (FOIA) (http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextchannel=34139c7755cb9010VgnVCM10000045f3d6a 1RCRD&vgnextoid=34139c7755cb9010VgnVCM10000045f3d6a1RCRD )
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vinnysuru
03-28 04:10 PM
Hi Guys, I am planning to go to Ottawa for stamping. Do you know the email address, I can send this request to? Thanks
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Milind123
07-26 10:29 AM
ags123, not to alarm you, but is it possible to apply now for your wife? Since you already got your 485 approved and crossed the proverbial line into the gc land.
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gc_chahiye
10-05 05:08 PM
If it is certain that he/she is not eligible for EB2, why should apply in EB2 and get denied. It is better to apply in EB3 to get it approved. The best option is apply in EB3 now. After few years (once he got 5 year exp), apply new LC and 140 with EB2 and transfer the PD. That will be the wise decision. In the current situation, it is funny to talk about EB2 and EB3 for a persion with PD 2007, particularly Indian orgin.
I agree with Ramba here. Go with EB3 now and get the I-140 approval so you can lock in the PD. After a few years can apply again in EB2 (through this, or some other employer) and port the PD over. Best of both worlds.
I agree with Ramba here. Go with EB3 now and get the I-140 approval so you can lock in the PD. After a few years can apply again in EB2 (through this, or some other employer) and port the PD over. Best of both worlds.
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Marphad
03-29 11:12 AM
I will still wait for lawyer's opinion.
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madhu345
07-27 09:06 AM
I don't think its required to work 100% while you an EAD, most of us apply EAD for spouses along with us, but how many are going to start work?
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senthil1
11-03 07:25 PM
Whatever the results I think there will be attempts to revive CIR in 2009 including increase of H1b and Greencard numbers. The increase of H1b may come with some reform to minimise the abuse of h1b. But the fate of any bill depends on the contents of the bill. If the bill is really a compromise with moderate numbers then it will be passed. If the bill is one sided then the fate of the bill is uncertain.
Depends on how the CIR is crafted. To bring the republicans on board, it may have biz friendly provisions and hence may be beneficial for us all.
Last time there was a point based system which was meant to replace the Employment based system; big biz hated that idea. They might introduce a point based system in addition to the employment based stream. It would be specially great if it has its own quota. Every US PhD and Master degree holder that gets into the point based system, frees us visa for others. We may be relief in form of permanent number capture: numbers wasted are automatically rolled over to next year.
Bottom line is that we cannot be absolutely sure that any CIR will result in a net loss to EB green card aspirants. On the other hand, at my age, you come to realize that the devil you know, is indeed often better than the devil that you dont know.
Depends on how the CIR is crafted. To bring the republicans on board, it may have biz friendly provisions and hence may be beneficial for us all.
Last time there was a point based system which was meant to replace the Employment based system; big biz hated that idea. They might introduce a point based system in addition to the employment based stream. It would be specially great if it has its own quota. Every US PhD and Master degree holder that gets into the point based system, frees us visa for others. We may be relief in form of permanent number capture: numbers wasted are automatically rolled over to next year.
Bottom line is that we cannot be absolutely sure that any CIR will result in a net loss to EB green card aspirants. On the other hand, at my age, you come to realize that the devil you know, is indeed often better than the devil that you dont know.
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brahmam
09-04 11:22 AM
OK, now that we all are agonizing over what's gonna happen, I think the following could be a possibility. USCIS has pre-adj almost 150,000 apps and has got nothing more to do now and the new Q1 for 2010 has around 35,000 visa numbers available to be processed.
Would DOS let CIS sit on their bums with not much to do other than process any new 485s that could be filed by ROW or would DOS move the dates to 2008 or 2007 so that any more people that still need to file 485 can do so and CIS stays busy. I think they would want to keep CIS busy. this would of course not mean every one of us will get approved since EB2/3 India and china only have around ~3000 visa numbers available in Q1 2010.
who votes for this russian roulette option? :D
Would DOS let CIS sit on their bums with not much to do other than process any new 485s that could be filed by ROW or would DOS move the dates to 2008 or 2007 so that any more people that still need to file 485 can do so and CIS stays busy. I think they would want to keep CIS busy. this would of course not mean every one of us will get approved since EB2/3 India and china only have around ~3000 visa numbers available in Q1 2010.
who votes for this russian roulette option? :D
vinoddas
07-29 08:57 PM
I have a unique problem with possibly getting a green card too early. Please let me know how I can make this situation better. My priority date in EB2 India is in Jan 2006, which means potentially I could get my green card in 2-3 months.
I plan to get engaged in December 2008 and married in December 2009 to an Indian born Australian citizen. As far as I can see, her chargeability would be from India.
What are my options to make my life easier and to be able to successfully bring my future wife to the US the easiest possible way. So far, I have 2 options:
1. Use the special E3 work visa for Australian citizens.
2. If I dont get my GC within the next few months, do an early court marriage and invoke the following-to-join spouse when she is ready to come to the US.
I plan to get engaged in December 2008 and married in December 2009 to an Indian born Australian citizen. As far as I can see, her chargeability would be from India.
What are my options to make my life easier and to be able to successfully bring my future wife to the US the easiest possible way. So far, I have 2 options:
1. Use the special E3 work visa for Australian citizens.
2. If I dont get my GC within the next few months, do an early court marriage and invoke the following-to-join spouse when she is ready to come to the US.
vicky007
10-03 06:49 PM
We need to start recruitment process. For this it requires job advertisements for 5 weeks in a row, complete the recruitment process.
Isn't it done before LC filing?
Guru's please answer this query:
I have been reading that the BEC would give recruitment instructions for pending cases.I have filed at the Philadelphia BEC in Dec 2004 ,the lawyer had advertised before filing, so will re-advertising still be required?? Please clearify its very confusing.
Isn't it done before LC filing?
Guru's please answer this query:
I have been reading that the BEC would give recruitment instructions for pending cases.I have filed at the Philadelphia BEC in Dec 2004 ,the lawyer had advertised before filing, so will re-advertising still be required?? Please clearify its very confusing.
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