myimmiv
02-26 10:09 AM
Any thoughts ?
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gc_check
07-19 10:17 AM
I have to apply for my wife as my derivative of 485. My 485 was approved on July 8th 2010. Below is the timeline
July 1st - Applied Wife's 485
July 8th - My 485 was approved
July 13th - Wife's 485 Denied due to outdated forms
July 14th - My H1, Wife's H4 and I-94 Expired
July 19th - Planning on sending a new 485 application for spouse
I'm mainly concerned about two things
1. Is she out of status for 5 days from July 14th to 19th
2. Can I still apply her as a derivative, as my 485 is already approved.
Thank you,
You can still apply for 485 since your wife is in US and also their is a 180 days window you can apply for 485 even the primary is approved on certain cases, Contact an attorney and apply asap without any delay and also have a document with all details. It is still possible to file 485 for your spouse.
July 1st - Applied Wife's 485
July 8th - My 485 was approved
July 13th - Wife's 485 Denied due to outdated forms
July 14th - My H1, Wife's H4 and I-94 Expired
July 19th - Planning on sending a new 485 application for spouse
I'm mainly concerned about two things
1. Is she out of status for 5 days from July 14th to 19th
2. Can I still apply her as a derivative, as my 485 is already approved.
Thank you,
You can still apply for 485 since your wife is in US and also their is a 180 days window you can apply for 485 even the primary is approved on certain cases, Contact an attorney and apply asap without any delay and also have a document with all details. It is still possible to file 485 for your spouse.
hojo
09-05 09:32 PM
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maddipati1
04-23 04:23 PM
i was in the same situation. entered US with H1 visa. passport expiry in few months, so got I-94 for few months. got the new passport. drove to San Ysidro, crossed border and came back immediately. got the new I-94.
i have EAD/AP and lawyer suggested that i don't really need to get new I-94. but, since i have been using only H1 and not used EAD/AP so far, wanted to have a clean record.
parked behind jack in the box($5), walked outside on the bridge (no elevators) with 8 years worth of my immi dox, every doc i have so far. after exiting the bridge on Mexico side, took the other bridge towards left side to cross the road. after getting off this bridge u will see traffic going in to US. walked parallel to that towards US on footpath. found the lines of people going in and joined them.
only hiccup was, while coming back, just joined the lines going in, but didn't go to CBP office, where they issue the new I-94.
so, had to go back and go to the CBP office. The board outside CBP office reads 'PERMITS' in English and Spanish. Went in (hardly any line to wait) and got the new I-94. the officer at my window has no clue about what to do, literally nothing, may be under training. the officer sitting next to him, knows exactly what to do. so he helped issuing new I-94 and stamping on the new passport. then paid $6 at the cashier window across the hall. then joined the lines back.
the IO was very friendly and was reading out loud abt my company name, visa status etc, while i was explaining why i am there. then the usual baggage security check and back. if its not for the hiccup, it would only take an hour total.
.
i have EAD/AP and lawyer suggested that i don't really need to get new I-94. but, since i have been using only H1 and not used EAD/AP so far, wanted to have a clean record.
parked behind jack in the box($5), walked outside on the bridge (no elevators) with 8 years worth of my immi dox, every doc i have so far. after exiting the bridge on Mexico side, took the other bridge towards left side to cross the road. after getting off this bridge u will see traffic going in to US. walked parallel to that towards US on footpath. found the lines of people going in and joined them.
only hiccup was, while coming back, just joined the lines going in, but didn't go to CBP office, where they issue the new I-94.
so, had to go back and go to the CBP office. The board outside CBP office reads 'PERMITS' in English and Spanish. Went in (hardly any line to wait) and got the new I-94. the officer at my window has no clue about what to do, literally nothing, may be under training. the officer sitting next to him, knows exactly what to do. so he helped issuing new I-94 and stamping on the new passport. then paid $6 at the cashier window across the hall. then joined the lines back.
the IO was very friendly and was reading out loud abt my company name, visa status etc, while i was explaining why i am there. then the usual baggage security check and back. if its not for the hiccup, it would only take an hour total.
.
more...
latbsol
02-25 01:23 AM
I have been working with my current employer for the last 5 years in job title
A (Software Engineer), which wasn't qualified for EB2. But now I will be been promoted to a significantly different job title and responsibilities B (Research Scientist), with the same employer and The requirements for that position are a Masters degree with
one year of experience. Does this qualify for a EB2 ? Does EB2 require managerial
experience i.e. should you be managing people or is that not a requirement? The employer will later file for a PERM labor in EB2.
For the purpose of EB2 labor for the new position, I need to show 1 year of
work experience.
Question: Would I be able to use/show the work experience I
gained when I was working in job title A with the same employer? i.e. Will I
be able to use on-the-job work experience that I gained before I was promoted
to the new position? Remember, the current job title B (for which EB2 labor is
being filed) and requirements are significantly different from the previous job
title A and requirements (which only qualified for a EB3). Have anyone got their
labor approved in EB2 with work experience from the same employer? Are there any
USCIS published documents that coult clarify this?
I have my I-140 approved in EB3 and I have also filed for 485. Assuming the EB2
labor certification gets approved, could I re-capture my EB3 Priority Date? If so,
what is the exact procedure for doing that?
Is the attempt to process my labor in EB2 completely independent of my
existing EB3 labor and I-140? Will a denial of EB2 labor affect my existing
EB3 approved labor and I-140?
Thanks much for your time in helping clarify this.
A (Software Engineer), which wasn't qualified for EB2. But now I will be been promoted to a significantly different job title and responsibilities B (Research Scientist), with the same employer and The requirements for that position are a Masters degree with
one year of experience. Does this qualify for a EB2 ? Does EB2 require managerial
experience i.e. should you be managing people or is that not a requirement? The employer will later file for a PERM labor in EB2.
For the purpose of EB2 labor for the new position, I need to show 1 year of
work experience.
Question: Would I be able to use/show the work experience I
gained when I was working in job title A with the same employer? i.e. Will I
be able to use on-the-job work experience that I gained before I was promoted
to the new position? Remember, the current job title B (for which EB2 labor is
being filed) and requirements are significantly different from the previous job
title A and requirements (which only qualified for a EB3). Have anyone got their
labor approved in EB2 with work experience from the same employer? Are there any
USCIS published documents that coult clarify this?
I have my I-140 approved in EB3 and I have also filed for 485. Assuming the EB2
labor certification gets approved, could I re-capture my EB3 Priority Date? If so,
what is the exact procedure for doing that?
Is the attempt to process my labor in EB2 completely independent of my
existing EB3 labor and I-140? Will a denial of EB2 labor affect my existing
EB3 approved labor and I-140?
Thanks much for your time in helping clarify this.
dealsnet
10-07 12:47 PM
Your daughter is a citizen ?
How she filed your I-485 ?
My daughter is now 22 years old and filed I-485 on behalf of me in the year 2007. That time she was only 19 years.
Now she is planning to get married before getting a green card. Her bride-groom is H-1 visa and not applied for labor. Will her I- 485 application be cancelled?.
I am also porting to eb-2 in the next three months. I am hoping to get green card may be after Sept 2011.
Suppose she gets married before the green card what will happend to her case. Please I need advise.
How she filed your I-485 ?
My daughter is now 22 years old and filed I-485 on behalf of me in the year 2007. That time she was only 19 years.
Now she is planning to get married before getting a green card. Her bride-groom is H-1 visa and not applied for labor. Will her I- 485 application be cancelled?.
I am also porting to eb-2 in the next three months. I am hoping to get green card may be after Sept 2011.
Suppose she gets married before the green card what will happend to her case. Please I need advise.
more...
ash0210
11-18 03:52 PM
logiclife, thats the "trap" (& excuse) I am trying to break by providing some solution in my earlier mail...
Is "immigration" process a "Rocket" science?
When this country supports "complex" process of landing on "moon" with "efficient" high-technology that spread across Electrical, Mechanical & computational areas/divisions, why not "Immigration" process?
Look, we as "IT" guys knows that "Customer process" can be spread across different "divisons" of the organization and still we "devise" solution to implement that process by providing "homogeneous" solution...and therefore I feel that WE should not "buy" this idea of "Process" etc...
What I am saying is..If guy/gal is having EAD for more than 3-4 times, paying taxes & "have clean police record" then he/she is not threat to "security" of country and USCIS do not avail VISA# then assign a "Temporary" VISA # to such I-485 applicant who is hanging around for last 5-6 years with EAD!!
Also, when PD of China & Mexico is moving beyond April 2001 while "India" PD for last 7 months is "lingering" between April 15 & April 21, I do suspect of "Transparency". Why USCIS do not gives count# of Indians that are pending in BPCS and also NOT even "trying" to find out "How many Indians will complain" if they will pass beyond April 31, 2001?
Let USCIS pass India PD beyond April 31, 2001, let them collect the complains of Indians, compile the "statistics" and let them arrive at # Indians that are hiding behind 245(i) "Titanium" wall and then we should buy this excuse of "Process"..
Guys apart from "Political reasons", USCIS have to show some transprency for not moving "India" PD beyond April 31, 2001 to convince us...!!!
The problem with premium processing of 485 is that there a procedures in 485, like the FBI namecheck, the Fingerprinting etc, that is perfect recipe for bureaucratic nightmare.
USCIS is in the Department of Homeland security. That's where I485 starts. Then comes FBI namecheck. That's US dept of Justice. After that, comes the issue of alloting visa numbers. That is US State Department.
So you have 3 big bodies of US government who have to all work at premium speed IN SYNC with each other, without passing the buck to each other, to make premium processing possible for 485 filing.
As we all know, USCIS that alone handles I140 petitions took years to implement premium I140. Now if 3 entirely different Departments of US govt were to be asked to harmoniously streamline another procedure, then I guess its wish very less likely to come true, EVEN IF they want it as much as we do.
Is "immigration" process a "Rocket" science?
When this country supports "complex" process of landing on "moon" with "efficient" high-technology that spread across Electrical, Mechanical & computational areas/divisions, why not "Immigration" process?
Look, we as "IT" guys knows that "Customer process" can be spread across different "divisons" of the organization and still we "devise" solution to implement that process by providing "homogeneous" solution...and therefore I feel that WE should not "buy" this idea of "Process" etc...
What I am saying is..If guy/gal is having EAD for more than 3-4 times, paying taxes & "have clean police record" then he/she is not threat to "security" of country and USCIS do not avail VISA# then assign a "Temporary" VISA # to such I-485 applicant who is hanging around for last 5-6 years with EAD!!
Also, when PD of China & Mexico is moving beyond April 2001 while "India" PD for last 7 months is "lingering" between April 15 & April 21, I do suspect of "Transparency". Why USCIS do not gives count# of Indians that are pending in BPCS and also NOT even "trying" to find out "How many Indians will complain" if they will pass beyond April 31, 2001?
Let USCIS pass India PD beyond April 31, 2001, let them collect the complains of Indians, compile the "statistics" and let them arrive at # Indians that are hiding behind 245(i) "Titanium" wall and then we should buy this excuse of "Process"..
Guys apart from "Political reasons", USCIS have to show some transprency for not moving "India" PD beyond April 31, 2001 to convince us...!!!
The problem with premium processing of 485 is that there a procedures in 485, like the FBI namecheck, the Fingerprinting etc, that is perfect recipe for bureaucratic nightmare.
USCIS is in the Department of Homeland security. That's where I485 starts. Then comes FBI namecheck. That's US dept of Justice. After that, comes the issue of alloting visa numbers. That is US State Department.
So you have 3 big bodies of US government who have to all work at premium speed IN SYNC with each other, without passing the buck to each other, to make premium processing possible for 485 filing.
As we all know, USCIS that alone handles I140 petitions took years to implement premium I140. Now if 3 entirely different Departments of US govt were to be asked to harmoniously streamline another procedure, then I guess its wish very less likely to come true, EVEN IF they want it as much as we do.
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digital2k
08-14 02:11 PM
:)
If this Robin Williams google his name he will get too many Hits and will be amazed to see how popular/famous he is among immigrant community just by working as a mail receiver at USCIS.
Poor fellow - Polls got created in his name :rolleyes:
If this Robin Williams google his name he will get too many Hits and will be amazed to see how popular/famous he is among immigrant community just by working as a mail receiver at USCIS.
Poor fellow - Polls got created in his name :rolleyes:
more...
senthil1
02-19 12:27 PM
In the case of retrogession it is always better to apply EB2 if job description requires Master degree and if the candidate has approved master degree. Past history shows EB2 is atleast 2 years ahead of EB3 for India even if it is moving slower. But if you think any problem in eligiblity then it is better to apply EB3.
One question for I-140 for EB-2 versus EB-3.
If one applies for EB-2 at I-140 stage under premium processing and they turn it down. Does the application automatically go into EB-3, or do they ask you to re-apply for EB-3 at I-140? In that case, I am guessing that the premium processing fees that one has paid for EB-2 goes down the drian, right?
Please confirm your views, as I have heard different versions.
Thanks!
One question for I-140 for EB-2 versus EB-3.
If one applies for EB-2 at I-140 stage under premium processing and they turn it down. Does the application automatically go into EB-3, or do they ask you to re-apply for EB-3 at I-140? In that case, I am guessing that the premium processing fees that one has paid for EB-2 goes down the drian, right?
Please confirm your views, as I have heard different versions.
Thanks!
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morpheus
07-12 12:35 PM
The information quoted by morpheus is quite correct. you can attend board meetings as a director although honorory or because of your extensive shareholding. you cannot be a salaried, contracted or basically compensated director or board member. you cannot take salaries but can take dividends (profit). you can also apply for any licenses or authorizations required for the business in your name. just make sure you dont write anything off in your name to save the taxes on the dividends because that will show your active involvement (day to day) which you cannot have.
The board issue does get very confusing. For example, an H1 is invited to be on the advisory board of a company and they grant the H1 some stock options. They don't pay the board members honororia or anything else. Is the H1 holder violating his or her status? At which point - when they accept the options? Or when they sell the stock? What if they have a green card by the time they sell the stock? What if the stock if held in the H1 employers name? It gets very confusing and there are few guidelines.
The H1 law was never intended to cope with the complexities of modern business as I see it!
Does anyone know some good lawyer/CPA who can provide guidance on such matters.
Also what if indian citizen residing in india wants to sell online to US customers ?
You could try any of the well known immigration law firms - Murthy, Rajiv Khanna etc.
I don't see how an Indian citizen in India selling online has anything to do with immigration?
The board issue does get very confusing. For example, an H1 is invited to be on the advisory board of a company and they grant the H1 some stock options. They don't pay the board members honororia or anything else. Is the H1 holder violating his or her status? At which point - when they accept the options? Or when they sell the stock? What if they have a green card by the time they sell the stock? What if the stock if held in the H1 employers name? It gets very confusing and there are few guidelines.
The H1 law was never intended to cope with the complexities of modern business as I see it!
Does anyone know some good lawyer/CPA who can provide guidance on such matters.
Also what if indian citizen residing in india wants to sell online to US customers ?
You could try any of the well known immigration law firms - Murthy, Rajiv Khanna etc.
I don't see how an Indian citizen in India selling online has anything to do with immigration?
more...
sathyaraj
10-26 12:06 PM
canmt: pl see the responses below
sathyaraj:
* Could you explain which address you sent the AR-11 initially and how did you manage to change to new address using USPS?
You need to fill AR-11 online in uscis.gov. you do not need to send it any where. You can submit change of address notification with USPS either online or by submitting form available in USPS stores.
* Did you get any confirmation from USCIS on both occasions?
Yes. USCIS will send you mails confirming that your address has been changed. But you need to be sure that you are when you submit
* Did you call USCIS customer service and update them with your new address after sending them AR-11?
It is fine to do it online. Even if you call and tell them, they will ask you to do it online only.
sathyaraj:
* Could you explain which address you sent the AR-11 initially and how did you manage to change to new address using USPS?
You need to fill AR-11 online in uscis.gov. you do not need to send it any where. You can submit change of address notification with USPS either online or by submitting form available in USPS stores.
* Did you get any confirmation from USCIS on both occasions?
Yes. USCIS will send you mails confirming that your address has been changed. But you need to be sure that you are when you submit
* Did you call USCIS customer service and update them with your new address after sending them AR-11?
It is fine to do it online. Even if you call and tell them, they will ask you to do it online only.
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roseball
03-20 11:40 AM
I do not think, number of employees matter. I work for a desi company and it has just 2 employees. Labor was breeze and 140 got approved in 4 weeks. Never got any RFE. However, I was in EB-3 despite having 4 years bachelor's degree and 5+ years of experience.
What EndlessWait meant was, more the number of employees in a small company, the chances of RFE with ability to pay will be higher...
What EndlessWait meant was, more the number of employees in a small company, the chances of RFE with ability to pay will be higher...
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sk.aggarwal
05-04 11:19 AM
What happens, once he moves to the new employer and his present employer withdraws I-140? For any subsequent H1 transfers/extensions will he will need to have an approved I-140, which is not withdrawn ?
Could there be issues, if new employer does a lay off what happens when perm/i-140 is pending or not filled yet
Could there be issues, if new employer does a lay off what happens when perm/i-140 is pending or not filled yet
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ajay
03-02 10:15 AM
There is no doubt that the article is well written. But looking at the comments what I feel is nobody is happy about us being here or there!!!
It is completely a difficult situation we are in if we are into any trouble.
It is completely a difficult situation we are in if we are into any trouble.
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rajuram
09-15 11:09 PM
Hawaii is an outlying US state. Going to Hawaii should be no different than flying between two cities within continental US.
Please double check on the advice before traveling. I know from personal experience that when you travel to South Padre Island, which is very much a part of the US, on the way back you are stopped at a check point. If you are not a citizen, or a permanent resident, then you have to show your papers.
Please double check on the advice before traveling. I know from personal experience that when you travel to South Padre Island, which is very much a part of the US, on the way back you are stopped at a check point. If you are not a citizen, or a permanent resident, then you have to show your papers.
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guesswho
04-10 11:59 AM
That sucks :(
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sweet_jungle
11-16 02:38 AM
there is no isue while filing for I-485 also. when you file for AOS, F-1 status becomes invalid.But, you will get EAD and that will give you all the work authorization you need. You DO NOT have to change spouse back to H-4.
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mrdelhiite
07-06 11:17 AM
Here is what happened - The actual name contains "ee" instead of "i" and is represented in the birth/marriage certificate. On the other hand the university where my wife studied moved to computerized certificates during her college years and change all "ee"'s to "i". So when she applied for her passport she put "i" in the application as the graduation certificate is the most important document for ECNR and that contained an "i". She may have put in a sworn statement stating that *ee*** and *i*** are one and the same person and got it attested by witnesses but I don't remember clearly because that was 14 years ago.
Any help please.............
The first thing i suggest is to find out how much time you have to reply to a RFE. I am not sure about this ...google or search forum and u will get a answer. If you have 1 or 2 months u can follow change of name procedure and change ur name to any one and also get it changed in passport ( by giving ad in newspaper in India and US)......
-M
Any help please.............
The first thing i suggest is to find out how much time you have to reply to a RFE. I am not sure about this ...google or search forum and u will get a answer. If you have 1 or 2 months u can follow change of name procedure and change ur name to any one and also get it changed in passport ( by giving ad in newspaper in India and US)......
-M
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akp
06-30 07:35 PM
I do not know what was posted. But if it was not offensive language (and I mean offensive as in use of swear words), I do not agree that moderator or super moderator should delete it. Let it be there, if it is useless drivel, it will be ignored by most. So deleting an opinion or comment does not sound right, and it undermines the credibility of forum, especially in the US where these sort of things not taken lightly (think of communist label).
I understand the concept of keeping focus on immigration matters only, but leave it to members for most part.
The implication of our way or highway sounds childish.
Just my opinion in an "open" forum.
I understand the concept of keeping focus on immigration matters only, but leave it to members for most part.
The implication of our way or highway sounds childish.
Just my opinion in an "open" forum.
chanduv23
09-12 03:58 PM
Just like *ranga*, *billa* also has a story.
billa went to Texas A and M for his Mechanical Engineering and then moved into a lucrative job at a world famous oil company in Houston. His company has offered him a permanant job and offered to do his Green Card. But they don't know he will be leaving his job to go to Dubai because of Green Card logjam and uncertaainity that prevails.
Lets help to keep Billa and Ranga in the US. Lets all go to the rally
billa went to Texas A and M for his Mechanical Engineering and then moved into a lucrative job at a world famous oil company in Houston. His company has offered him a permanant job and offered to do his Green Card. But they don't know he will be leaving his job to go to Dubai because of Green Card logjam and uncertaainity that prevails.
Lets help to keep Billa and Ranga in the US. Lets all go to the rally
garybanz
10-28 09:43 AM
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