Bush
03-10 10:33 PM
URGENT -
I already have approved I-140 in eb3/Sept 2002. I am substituting a labor (EB2) - if approved I would be able to apply for I-485 right away.
My Lawyer has advised to apply I-140 as it is for EB2. (which means no reference to earlier eb3 PD ) And upon its approval during I-485 application, request for earlier PD. In fact, as per him - only reference I need is to seek eligibility for I-485 application. Which is true but shouldn�t I-140 which is basis of I-485 application should show eligible PD.
Please let me know yr opinion.
As per my attorney it should be during the time of 140 you have to apply along with a copy of old PD.
Now I am not sure.
I already have approved I-140 in eb3/Sept 2002. I am substituting a labor (EB2) - if approved I would be able to apply for I-485 right away.
My Lawyer has advised to apply I-140 as it is for EB2. (which means no reference to earlier eb3 PD ) And upon its approval during I-485 application, request for earlier PD. In fact, as per him - only reference I need is to seek eligibility for I-485 application. Which is true but shouldn�t I-140 which is basis of I-485 application should show eligible PD.
Please let me know yr opinion.
As per my attorney it should be during the time of 140 you have to apply along with a copy of old PD.
Now I am not sure.
slowwin
06-23 09:08 AM
If your labor was filed in 2004, you can apply for I-485 if your approved I-140 is ofr EB2.
Although I filed the Labor Certification Application (regular filing) in mid 2004, I couldn’t apply for I-485 in July/Aug 2007 because my LC was still pending at that time. Later in 2007 I got the Labor Certification and in 2009 I received the I-140 approval.
While may case was stuck in a DOL backlog elimination center, many people who started their permanent residency process in 2005, 2006 and 2007 were able to take advantage of the I-485 filing window because of RIR and PERM filings.
I am wondering if I could request USCIS to extend to me the same EAD Card benefit that applicants with a later priority date are enjoying. Is it something I can appeal to an immigration board or to an immigration court? I have been working in H1B since 1999. Would 11 years in H1B (and 3 years in F1 prior to that) carry any humanitarian consideration in a court of appeal?
Could someone please advice?
Thank you.
--------------------------------------------------------
Immigration saga :
USA GC:
PD: FEB 2007,
I-140 APPROVED, EB2 NIW,
I-485 STATUS PENDING
Canadian PR:
Enquiry on AINP Jan 2008
Formal initial docs sent March 2008
Invitation to apply for Nomination August 2008
Applied for Alberta Provincial Nomination Dec 2008
Provincial nomination received July 2009
Applied for PR at CIC, Buffalo , NY OCT. 2009
Medicals done March 2010
PR visas established, passports sent for stamping June 2010
Landing --- In future
Although I filed the Labor Certification Application (regular filing) in mid 2004, I couldn’t apply for I-485 in July/Aug 2007 because my LC was still pending at that time. Later in 2007 I got the Labor Certification and in 2009 I received the I-140 approval.
While may case was stuck in a DOL backlog elimination center, many people who started their permanent residency process in 2005, 2006 and 2007 were able to take advantage of the I-485 filing window because of RIR and PERM filings.
I am wondering if I could request USCIS to extend to me the same EAD Card benefit that applicants with a later priority date are enjoying. Is it something I can appeal to an immigration board or to an immigration court? I have been working in H1B since 1999. Would 11 years in H1B (and 3 years in F1 prior to that) carry any humanitarian consideration in a court of appeal?
Could someone please advice?
Thank you.
--------------------------------------------------------
Immigration saga :
USA GC:
PD: FEB 2007,
I-140 APPROVED, EB2 NIW,
I-485 STATUS PENDING
Canadian PR:
Enquiry on AINP Jan 2008
Formal initial docs sent March 2008
Invitation to apply for Nomination August 2008
Applied for Alberta Provincial Nomination Dec 2008
Provincial nomination received July 2009
Applied for PR at CIC, Buffalo , NY OCT. 2009
Medicals done March 2010
PR visas established, passports sent for stamping June 2010
Landing --- In future
sameerkhan7860
07-02 11:22 PM
I wrote to cnn.com highlighting the plight of us aspiring "legal" immigrants, if cnn won't cover it, I am planning to write to Lou Dobbs, if I am given the opportunity to be come a naturalized citizen, he is definitely going to listen to me :)
mallu
12-16 03:53 PM
USCIS refuses to give this data to anybody. They are not willing to give any break up.
The sky will fall down if they do that
The sky will fall down if they do that
more...
jayleno
10-03 01:27 PM
Guys...have a nice weekend. Can you tell that I'm trying not to say "Bump"???:)
priti8888
08-01 07:59 PM
guys, I appreciate the Mr Zoe's gesture , but I dont really think fees is a big issue here. If a company pays, its not an applicants problem. If the applicant pays, few thousand dollars extra will make us any poorer..
The problem is the huge backlog, 140000 limit, per country limit, visas being wasted while ppl wait for years.....
She has so much power, she should lobby for visa recapture
The problem is the huge backlog, 140000 limit, per country limit, visas being wasted while ppl wait for years.....
She has so much power, she should lobby for visa recapture
more...
IAspire
02-21 08:32 AM
Thanks. Can anyone please help me in understanding how long does it take to get EAD aprroval from the starting point for EB1,EB2 and EB3 category. I am interested only in EAD approval at this point.
sgX05
02-11 05:05 PM
No i haven't moved at all. Been living in Ca the whole time.
more...
glus
11-06 03:47 PM
glus, Since she now has an approved I140, she is eligible for a 3 year H1 extension, provided her PD is not current. She need not be continuously be on H1 to be eligible for applying H1 for the 7th year.
Once you get the H1 paper, you would have to enter the US, so that the status changes from "Adjustee" to "admitted" i.e., H1 status...or, if the H-1B paper come with the I-94 stub, you need not travel out and get it.
OK, thank you. Has anyone done this? Going from AOS to H-1B? I mean, getting into H1 status w/o leaving the U.S.?
Once you get the H1 paper, you would have to enter the US, so that the status changes from "Adjustee" to "admitted" i.e., H1 status...or, if the H-1B paper come with the I-94 stub, you need not travel out and get it.
OK, thank you. Has anyone done this? Going from AOS to H-1B? I mean, getting into H1 status w/o leaving the U.S.?
Cataphract
05-25 08:53 AM
I just read this article in the paper today and wanted to share it with all of you.
It seems the general media has an impression that this CIR bill is a boon for the legal, skillled immigrant population, now we all know how true that is.
No one it seems has bothered to did deep enough to find out about the true perils of this bill, from the legal immigrants standpoint. That is where we need to also focus our resources.
I truly think that the conservative commentators who write on the op-ed pages of Washington Post, New York Times a and WSJ are our best bets in these tough times. Believe it or not, in the last few days I have read more than a few articles where they have addressed the new bill and have come out in support of legal, skilled immigrants rather than the liberals who are all gung-ho for the the low skilled population and care too much about still preserving family ties and encouraging chain migration. If we were to email something to say, George Will, Charles Krauthammer (I truly despise this right wing nut, but still) or even Robert Novak, there is a good chance they will address this issue.
I think we should develop a stinging rebuke (i know we already have, but this will be a very, very simpler version without all the clause quotations and targeted directly to the laymen), in the form of an Op-Ed piece that addresses in a point-by-point basis some of the most unfavorable provisions that this bill is littered with and also address the misinformation that is being spread suggesting that all of us legal skilled immigrants are going to come out way ahead once this bill passes.
I think we have a very good chance getting it published in one of these papers and it will have a huge impact.
This truly is make or break point for us and thanks everyone for doing their part. I just hope our lobbyists are aware of this predicament and that how damaging it will be to our interests if this bill passes.
Btw, just saw this poll/article on NYT about how most Americans are in favor of the guest worker program and legalizing illegals.
http://www.nytimes.com/2007/05/25/us/25poll.html?hp
http://www.washingtonpost.com/wp-dyn/content/article/2007/05/24/AR2007052402605.html?hpid=topnews
For some reason my uploads of PDF's failed, so I am adding links.
It seems the general media has an impression that this CIR bill is a boon for the legal, skillled immigrant population, now we all know how true that is.
No one it seems has bothered to did deep enough to find out about the true perils of this bill, from the legal immigrants standpoint. That is where we need to also focus our resources.
I truly think that the conservative commentators who write on the op-ed pages of Washington Post, New York Times a and WSJ are our best bets in these tough times. Believe it or not, in the last few days I have read more than a few articles where they have addressed the new bill and have come out in support of legal, skilled immigrants rather than the liberals who are all gung-ho for the the low skilled population and care too much about still preserving family ties and encouraging chain migration. If we were to email something to say, George Will, Charles Krauthammer (I truly despise this right wing nut, but still) or even Robert Novak, there is a good chance they will address this issue.
I think we should develop a stinging rebuke (i know we already have, but this will be a very, very simpler version without all the clause quotations and targeted directly to the laymen), in the form of an Op-Ed piece that addresses in a point-by-point basis some of the most unfavorable provisions that this bill is littered with and also address the misinformation that is being spread suggesting that all of us legal skilled immigrants are going to come out way ahead once this bill passes.
I think we have a very good chance getting it published in one of these papers and it will have a huge impact.
This truly is make or break point for us and thanks everyone for doing their part. I just hope our lobbyists are aware of this predicament and that how damaging it will be to our interests if this bill passes.
Btw, just saw this poll/article on NYT about how most Americans are in favor of the guest worker program and legalizing illegals.
http://www.nytimes.com/2007/05/25/us/25poll.html?hp
http://www.washingtonpost.com/wp-dyn/content/article/2007/05/24/AR2007052402605.html?hpid=topnews
For some reason my uploads of PDF's failed, so I am adding links.
more...
gcwait2007
12-22 09:14 AM
Once again Thanks, Bestin.
I am married long enough and I do not want to get into marriage again with a GORI ladki. Once bitten twice shy :rolleyes:. Enough is enough.
I spoke to my manager who had agreed to do the needful. However, he had put another spoke now by writing in the approval email that it is my responsibility to keep the EAD current.
I do not understand this part- I am working on H1-B, why should I keep my EAD current, by paying my own fees?
I am married long enough and I do not want to get into marriage again with a GORI ladki. Once bitten twice shy :rolleyes:. Enough is enough.
I spoke to my manager who had agreed to do the needful. However, he had put another spoke now by writing in the approval email that it is my responsibility to keep the EAD current.
I do not understand this part- I am working on H1-B, why should I keep my EAD current, by paying my own fees?
yabadaba
07-22 08:58 AM
bump
more...
copsmart
08-15 08:30 AM
Because 2006 is CURRENT.
You probably have to wait for your YEAR to become CURRENT.
I see...
That sounds like a valid point. :)
You probably have to wait for your YEAR to become CURRENT.
I see...
That sounds like a valid point. :)
scabal12
06-12 06:59 PM
Also my H1-B is valid till 2011.
more...
sanprabhu
07-17 05:51 PM
Guys -
Senator Cornyn is proposing an amendment to the DOD bill SA 2143. I am not able to read the text of this in Senate.org. We may have to start our campaign again for a permanent fix soon.
NumbersUSA is reporting this in their website. Please we need to mobilize soon.
Senator Cornyn is proposing an amendment to the DOD bill SA 2143. I am not able to read the text of this in Senate.org. We may have to start our campaign again for a permanent fix soon.
NumbersUSA is reporting this in their website. Please we need to mobilize soon.
desi3933
06-21 05:37 PM
I am a dentist in state of CA,and filed for EB2 green card.In April 2006 applied for my PERM from MD Dental, a dental group with 5 offices and about 30 employs and owned by 2 partners.Also in April 2006 they applied for my H1b visa.Further PERM and H1b both were approved and in may 2006 I filed for I-140 from the same company.I-140 had a RFE but was approved in Feb 2007.Meanwhile in Oct 2006 both partners had a is understanding and they split the company into 2 companies with one partner getting 2 offices and the other partner getting 3 offices.Originally my perm was filed from the MD dental Van-Nuys office, which was given to partner A who then told me to file for a new H1b as tax ID number for the employer has changed but my job location would not change. I filed for a new H1 visa from partner A which was also approved and started to work for him till Feb 2007.
In feb 2007 I found a new job again as a dentist with a different company and moved to that company.I am still in good contact with both partner A and partner B of the old company.
My question is if I could file for I485 from MD dental which is already split with
approved I140, or I could file it from partner A or partner B`s new company showing either of them as succesor of interest.Also can I invoke AC21 in 6 months and move to my current employer.
Please advice.
May be you need to amend I-140. Please consult a good attorney/lawyer.
Not a legal advice.
In feb 2007 I found a new job again as a dentist with a different company and moved to that company.I am still in good contact with both partner A and partner B of the old company.
My question is if I could file for I485 from MD dental which is already split with
approved I140, or I could file it from partner A or partner B`s new company showing either of them as succesor of interest.Also can I invoke AC21 in 6 months and move to my current employer.
Please advice.
May be you need to amend I-140. Please consult a good attorney/lawyer.
Not a legal advice.
more...
hemanth22
07-06 06:54 AM
the dollar has already fallen 15% and you havent seen the indian economy collapsing or the indian IT companies stock values coming down drastically here and in india
quizzer
11-14 01:41 PM
Anci,
Can you tell me your I140 receipt date, category and service center?
Thanks
Can you tell me your I140 receipt date, category and service center?
Thanks
dingudi
03-05 12:17 AM
My luck is just not good w.r.t GC. Afte long wait my spouse finally had received her FP notice and is scheduled for her FP in couple of days. But today she accidently burnt her finger and that too right at the spot where we give the FP.
Guys , any suggestion as to what needs to be done. Should she still try to give the FP and see if it works. She has a big blister on her finger.
Any similar experiences , please post.
Guys , any suggestion as to what needs to be done. Should she still try to give the FP and see if it works. She has a big blister on her finger.
Any similar experiences , please post.
radhay
01-08 11:44 AM
Hi, we applied to transfer my wife's out of state driving license to CT state but the application was denied.
The reasoning was that DMV's immigration check came back stating that her status is H4 but the documents we are carrying are EAD, I 485 receipt etc. She is using her EAD so we didn't renew her H4 along with my H1B.
At infopass we were told there is not much USCIS can do since we are still waiting for adjustment (I 485 pending) to Permanent residence status. DMV doesn't buy this argument as they insist her status should be 'pending application' .
We (immigrant community) will probably face more and more of these issues as long as we have retrogression.
Any one faced similar situation.? I have contacted Senators office regarding this bureaucracy and still waiting for response.
The reasoning was that DMV's immigration check came back stating that her status is H4 but the documents we are carrying are EAD, I 485 receipt etc. She is using her EAD so we didn't renew her H4 along with my H1B.
At infopass we were told there is not much USCIS can do since we are still waiting for adjustment (I 485 pending) to Permanent residence status. DMV doesn't buy this argument as they insist her status should be 'pending application' .
We (immigrant community) will probably face more and more of these issues as long as we have retrogression.
Any one faced similar situation.? I have contacted Senators office regarding this bureaucracy and still waiting for response.
rajeshiv
07-22 01:25 AM
Hi,
Is Personnel check allowed for I-485, EAD and Advance Parole filing fees.
Thank you.
chansek
Any checks issued by recognised banks are valid for filing fees.
-RR
Is Personnel check allowed for I-485, EAD and Advance Parole filing fees.
Thank you.
chansek
Any checks issued by recognised banks are valid for filing fees.
-RR
