Dhundhun
08-05 05:34 PM
PD for family based visa is based on the date you file your I-130 for your Spouse. Nothing to do with the Labor certification.
For unmarried sons and daughters of GC holder same PD is given as of parent - I saw couple of documents.
I am not sure about (2A) cases.
For unmarried sons and daughters of GC holder same PD is given as of parent - I saw couple of documents.
I am not sure about (2A) cases.
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guygeek007
11-20 09:54 AM
Take a look @ this link
http://immigrationvoice.org/forum/showthread.php?t=10645
I was in a wait state for 16 months until my 140 was cleared earlier this month. Continue business as usual, your case will eventually go thru if all your docs are in place and your case is clean ( no 3 yr Ed issues).
http://immigrationvoice.org/forum/showthread.php?t=10645
I was in a wait state for 16 months until my 140 was cleared earlier this month. Continue business as usual, your case will eventually go thru if all your docs are in place and your case is clean ( no 3 yr Ed issues).
andy garcia
04-07 11:31 AM
There is good chance that we might loose visas this year too....with USCIS allocating resoucers to citizenship apps given the elections in november.
We need to prevent that....that ought to be priority # 1....recapture can happen in parallel .
Last year there were not unused visas.
Worldwide Employment-Based preference limit: 147,148
Actual number of EB visas issued: 154,458
Check Immigrant visas FY 2007 (http://www.travel.state.gov/pdf/FY07AnnualReportTableV.pdf)
We need to prevent that....that ought to be priority # 1....recapture can happen in parallel .
Last year there were not unused visas.
Worldwide Employment-Based preference limit: 147,148
Actual number of EB visas issued: 154,458
Check Immigrant visas FY 2007 (http://www.travel.state.gov/pdf/FY07AnnualReportTableV.pdf)
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dpp
08-14 02:22 PM
Check below responses.
Using AP for travel is losing H1B Status?
Nope. You can continue to work on H1 eventhough you use AP for re-entry.
Also dependent GC applicant using EAD means losing primary applicant H1B Status?
Nope. Dependant usage of EAD is no way related to primary applicant. Each 485/EAD/AP is a separate application. But if primary uses EAD for work, then dependant loses H4 status and both comes to AOS pending status.
Please let me know?
Thanks
Using AP for travel is losing H1B Status?
Nope. You can continue to work on H1 eventhough you use AP for re-entry.
Also dependent GC applicant using EAD means losing primary applicant H1B Status?
Nope. Dependant usage of EAD is no way related to primary applicant. Each 485/EAD/AP is a separate application. But if primary uses EAD for work, then dependant loses H4 status and both comes to AOS pending status.
Please let me know?
Thanks
more...
Tito_ortiz
03-07 01:03 PM
Hi there,
What a rationale you are using. So then "kids should not suffer" and then the answer is yes, go ahead and reward those who broke laws with an amnesty. That would make their 19 old kids very soon able to apply for I-485 to bring in their parents as well. The USCIS does not have enough cases left from the 245(i) amnesty to be processed ahead of the legal folks, right? Pump up few more MILLION Dream Act amnesty cases there and let us know how you do. What a slap on the face of those who played by the rules? Moreover, are you going to apply your kindness to the 1 billion of people who want to come here? I agree children should not suffer. How about a feasible solution? Here it is :So why don't you write to the Congress of respective countries these kids came from and make them repatriate their folks and provide government employment and a reintegration program back home for those kids? Yes, that is technically doable. That would solve the situation of their children and more importantly, it would be a clear message that parents should not expose their children to this situation.
Think about the absurdity of this Dream Act and your line of thought;it just encourages more parents to come here illegally and bring their children here "to suffer", making us, the legal folks and citizens of this country pay for it unfairly. No, thank you! I came here on H1B and my children is not eligible for in-state tuition. If we start playing this game that people who jumped the fence and now can take advantage of it because they were "smart, so it would be time to rename this country name from USA to Mexico. Believe me, I don't think that is going to happen without a good fight though. Trust me.
Bill Gates did a good job today in his speech. What is fair is fair. Now trying to come up with this Dream Act thing and again we the legal folks would be pushed to the back of the line. You guys don't get it. Every time something goes around, it comes to hurt whoever plays by the rules. Coming from India and other *#&#$ places and being educated and after observing what that freaking 245(i) and other amnesties have done to us, I am surprised you still do not get it. Yes, count on me to write to the US Congress. I will write to denounce this absurd Dream Act and ask them to adopt a fair immigration system to the legal employment base greencard applicants. For the children, I will urge them to adopt the proposed and feasible solution of charging the government of the respective countries to reintegrate and support their own children. Win-Win situation for everyone.
If you have a perception that I am pissed off, you are a winner.
Thanks,
Tito
Let us get opinion of others on this. Should we write to law-makers to address this issue. Atleast these kids should not suffer. If they have got their most of the education here in US, they should be be given permnent residence before they go to college.
What a rationale you are using. So then "kids should not suffer" and then the answer is yes, go ahead and reward those who broke laws with an amnesty. That would make their 19 old kids very soon able to apply for I-485 to bring in their parents as well. The USCIS does not have enough cases left from the 245(i) amnesty to be processed ahead of the legal folks, right? Pump up few more MILLION Dream Act amnesty cases there and let us know how you do. What a slap on the face of those who played by the rules? Moreover, are you going to apply your kindness to the 1 billion of people who want to come here? I agree children should not suffer. How about a feasible solution? Here it is :So why don't you write to the Congress of respective countries these kids came from and make them repatriate their folks and provide government employment and a reintegration program back home for those kids? Yes, that is technically doable. That would solve the situation of their children and more importantly, it would be a clear message that parents should not expose their children to this situation.
Think about the absurdity of this Dream Act and your line of thought;it just encourages more parents to come here illegally and bring their children here "to suffer", making us, the legal folks and citizens of this country pay for it unfairly. No, thank you! I came here on H1B and my children is not eligible for in-state tuition. If we start playing this game that people who jumped the fence and now can take advantage of it because they were "smart, so it would be time to rename this country name from USA to Mexico. Believe me, I don't think that is going to happen without a good fight though. Trust me.
Bill Gates did a good job today in his speech. What is fair is fair. Now trying to come up with this Dream Act thing and again we the legal folks would be pushed to the back of the line. You guys don't get it. Every time something goes around, it comes to hurt whoever plays by the rules. Coming from India and other *#&#$ places and being educated and after observing what that freaking 245(i) and other amnesties have done to us, I am surprised you still do not get it. Yes, count on me to write to the US Congress. I will write to denounce this absurd Dream Act and ask them to adopt a fair immigration system to the legal employment base greencard applicants. For the children, I will urge them to adopt the proposed and feasible solution of charging the government of the respective countries to reintegrate and support their own children. Win-Win situation for everyone.
If you have a perception that I am pissed off, you are a winner.
Thanks,
Tito
Let us get opinion of others on this. Should we write to law-makers to address this issue. Atleast these kids should not suffer. If they have got their most of the education here in US, they should be be given permnent residence before they go to college.
vnsriv
03-03 10:56 AM
I took the pain of driving to NY all the way from Boston to get my passport renewed. I woke up at 3:00AM and stated off at 4:00AM so that I could reach the consulate by 8:00AM. I was told by my friends that I would get it in the evening itself. Unfortunately, I was faced with severe disappointment that they are no longer returning the passports on the same day. The worst part about the Indian consulate in NY is that they didn't update their Website. When I called them several times, non one answers the phone and speaks with courtesy.
After arriving at the consulate, we were made to wait in the cold for atleast an hour until 9:15AM (They open the doors at 9:30AM). They have no mercy for people. Also, the approach they took to call out people was terrible. It was like a fish market. I asked them if would get my passport back on the same day. I didn't get a straight answer until my number was called. I went there and atleast that lady talked to me with respect with a smiling on her face. Atlast I was told that they are not returning the passport on the same day. They asked me to pay 20 extra dollars so that they'd send the passport by Express mail (USPS). She also told me that I can track the passport.
I then drove back to Boston, the same afternoon. After exactly a week, I got the new passport booklet along with my old passport. I am fortunate enough to have all of the details printed accurately.
My strong advise to everyone is to send their passports by mail.
Thanks for the tips. I was also thinking of driving to NY from Boston, but it look likes it's not a one day affair.
After arriving at the consulate, we were made to wait in the cold for atleast an hour until 9:15AM (They open the doors at 9:30AM). They have no mercy for people. Also, the approach they took to call out people was terrible. It was like a fish market. I asked them if would get my passport back on the same day. I didn't get a straight answer until my number was called. I went there and atleast that lady talked to me with respect with a smiling on her face. Atlast I was told that they are not returning the passport on the same day. They asked me to pay 20 extra dollars so that they'd send the passport by Express mail (USPS). She also told me that I can track the passport.
I then drove back to Boston, the same afternoon. After exactly a week, I got the new passport booklet along with my old passport. I am fortunate enough to have all of the details printed accurately.
My strong advise to everyone is to send their passports by mail.
Thanks for the tips. I was also thinking of driving to NY from Boston, but it look likes it's not a one day affair.
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abracadabra102
08-14 10:16 AM
paskal,
you are telling me someone thought of this before me.. dang.. people are fast.. but i guess its hard to know because i don't really read all the forum topics.. too many. i think i will there at the dc rally. logistics in order. i m excited .. yay!
texcan,
allow me to indulge you with this rhyme
member -> 50 posts
senior member -> 100 posts
administrator -> 5 gazillion posts
one small card green in color -> PRICELESS
peace of mind is something forum post can never bring.. for that you need green card !
Well, I heard that THE CARD is not green anymore:D
you are telling me someone thought of this before me.. dang.. people are fast.. but i guess its hard to know because i don't really read all the forum topics.. too many. i think i will there at the dc rally. logistics in order. i m excited .. yay!
texcan,
allow me to indulge you with this rhyme
member -> 50 posts
senior member -> 100 posts
administrator -> 5 gazillion posts
one small card green in color -> PRICELESS
peace of mind is something forum post can never bring.. for that you need green card !
Well, I heard that THE CARD is not green anymore:D
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efzuniga
08-26 09:47 PM
Same happened to us. The checks were cashed and we have even received the appointment notices for biometrics. My lawyer told me that there have been several cases lake this one. He is going to submit proof of the checks being cashed and copy of the notices to the USCIS.
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walking_dude
11-24 05:33 PM
Let bygones be bygones. No point in beating the dead horse. Nothing will be achieved by opening old wounds.
Let us be united from now on for all our sakes ( both Eb2 and Eb3)
Agreed but this should be from both the side.
Most of us talk about unity till it suits us ( and i dont mean walking_dude, i am aware of the great service has done, including the fight to ammend the drivers license issue).
Let us be united from now on for all our sakes ( both Eb2 and Eb3)
Agreed but this should be from both the side.
Most of us talk about unity till it suits us ( and i dont mean walking_dude, i am aware of the great service has done, including the fight to ammend the drivers license issue).
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LostInGCProcess
09-17 12:23 PM
LostInGCProcess,
Thanks much for the information, I have posted a message there, hope he will provide some guidance to relieve me from this stress and pain :(
tv25, call them and talk!!!!
Don't waste your precious time and screw up later...shed some $$$, it would be pace of mind for you once you sort this out. Don't post questions and expect your problem would be solved by some answers. Take steps now...your time is ticking buddy!!!:mad:
Thanks much for the information, I have posted a message there, hope he will provide some guidance to relieve me from this stress and pain :(
tv25, call them and talk!!!!
Don't waste your precious time and screw up later...shed some $$$, it would be pace of mind for you once you sort this out. Don't post questions and expect your problem would be solved by some answers. Take steps now...your time is ticking buddy!!!:mad:
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sammyb
11-19 04:35 PM
Thanks you, Wish you all hte best and Good Bye.
BTW , i have also contributed $100 to IV so far.
why so ... am just curious ... aren't you supposed to be with the people/group that helped you (indirect and direct way) to be there where you are today...
guess because of this mindset we EB people never had a base support from our own people in this country ... once we receive the card we change our color and become an American from whatever country we came from...
sorry for this but I couldn't resist writing this... I have no issue with your labor sub as this was legal and given an option 99.99% people including me would have done that...
and I hope everyone should agree with me that after you get your card you should make a decent contribution to IV.... just my thoughts...
BTW , i have also contributed $100 to IV so far.
why so ... am just curious ... aren't you supposed to be with the people/group that helped you (indirect and direct way) to be there where you are today...
guess because of this mindset we EB people never had a base support from our own people in this country ... once we receive the card we change our color and become an American from whatever country we came from...
sorry for this but I couldn't resist writing this... I have no issue with your labor sub as this was legal and given an option 99.99% people including me would have done that...
and I hope everyone should agree with me that after you get your card you should make a decent contribution to IV.... just my thoughts...
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gumnam_guy
07-18 08:54 PM
yeah, you are correct we will post all our information too, like bank balance, SSN, etc.
:rolleyes:
:rolleyes:
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sankap
08-24 01:19 PM
AC21 has nothing to do with EAD.
So, does that mean there's no need to invoke AC21 after you get you get EAD, if you want to change employer before 180 days of your filing?
So, does that mean there's no need to invoke AC21 after you get you get EAD, if you want to change employer before 180 days of your filing?
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alien007
04-11 04:11 PM
thanks bugsbunny!
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ArkBird
08-17 11:56 AM
If it was EB2, you have better chance of winning lotto than get EB2 approved with 3 year degree. I had 3yrs + PG Diploma + 6 Years of Indian Experience + 13 Years of US experience and I was never able to cross the labor certification hurdle. BTW, I tried 2 times.
Hello,
My I-140 got denied based on my Education.
I have 3 yrs + PG Diploma which is equivalent to US Degree according to my education evaluation.
Experience:
- 6 yrs of OUTSIDE USA experience
- 5 yrs of USA experience including 2 yrs of experience with current company.
- I am working as FULL time with an American Company at present
The JOB Description for PERM was:
"Bachelor�s degree in Computer Science plus 5 years experience; 3 year Bachelor�s degree plus 2 year post-graduate diploma in Software Engineering and 5 years experience acceptable. "
Gurus, please help me providing some info, if there is any chance of getting it approved if I file a Motion.. or what should I do next?
Since it was denied on Aug 4th this month, I have 30 days to reopen this case..
Please advise me..
Thanks in advance..
Regds,
Raju
Hello,
My I-140 got denied based on my Education.
I have 3 yrs + PG Diploma which is equivalent to US Degree according to my education evaluation.
Experience:
- 6 yrs of OUTSIDE USA experience
- 5 yrs of USA experience including 2 yrs of experience with current company.
- I am working as FULL time with an American Company at present
The JOB Description for PERM was:
"Bachelor�s degree in Computer Science plus 5 years experience; 3 year Bachelor�s degree plus 2 year post-graduate diploma in Software Engineering and 5 years experience acceptable. "
Gurus, please help me providing some info, if there is any chance of getting it approved if I file a Motion.. or what should I do next?
Since it was denied on Aug 4th this month, I have 30 days to reopen this case..
Please advise me..
Thanks in advance..
Regds,
Raju
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zCool
01-10 08:58 PM
labor sub is not neccessarily always bad.
I have seen lot of folks who were stuck in a bad wait and only way could leave was to use labor sub.
Having said that, this case seems just bad situation..
Why couldn't he just check before he filed I140 if someone else has already used that labor?
It's easy to do...
Also why not just use I140 premium when it was allowed back then..
I am thinking someone got greedy and got conned while trying to con immigration system..
you play with fire .. sometimes fingers get burnt.. I feel pity for this guy but I got no love for him..
I have seen lot of folks who were stuck in a bad wait and only way could leave was to use labor sub.
Having said that, this case seems just bad situation..
Why couldn't he just check before he filed I140 if someone else has already used that labor?
It's easy to do...
Also why not just use I140 premium when it was allowed back then..
I am thinking someone got greedy and got conned while trying to con immigration system..
you play with fire .. sometimes fingers get burnt.. I feel pity for this guy but I got no love for him..
more...
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at0474
12-19 02:36 PM
Given the hopelessness of the situation in March, switched jobs and was unable to file labor for a variety of reasons. Now everyday I see people come over and tell me how they plan to switch jobs once the 6 month mandated hibernation is over...I feel like breaking something. Lot of them have even stopped working, confident that a new job awaits :mad:
8 years of paying taxes in this country and not even a piece of plastic to show for it. :mad:
--That ought to suck every bit of sanity left! I know "should have..would have..." doesn't matter anymore but I am curious why you did not opt to do labor substitution in june-july period. You should have had a crack at it.
I know people on h1 with consulting companies did better than those who got stuck with one permanent job.Stale career , stale pay and so on...
Do your best and make most of h1b.
8 years of paying taxes in this country and not even a piece of plastic to show for it. :mad:
--That ought to suck every bit of sanity left! I know "should have..would have..." doesn't matter anymore but I am curious why you did not opt to do labor substitution in june-july period. You should have had a crack at it.
I know people on h1 with consulting companies did better than those who got stuck with one permanent job.Stale career , stale pay and so on...
Do your best and make most of h1b.
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deafTunes123
08-28 09:48 AM
Yep, I got the same answer from the IO at my Infopass, when I asked about my Interfile. BTW, what process did your lawyer follow to inform USCIS about the interfile request?
PD : Oct 2005
EB3 - I140
I-485 RD 07/02/2007
EB2 - I140 , Approved 10/2007, PD : Oct 2005
Interfiled May 2008, no reply, no info.
After my new EB2 I-140 got approved with (old PD), Lawyer requested USCIS by mail to interfile my Case.
In that notice, he clearly mentioned all about my information in few lines and also request to approved ASAP as the PD is current according to the bulletin.
Hope this helps. If you want more info. let me know. I will gladly share.
PD : Oct 2005
EB3 - I140
I-485 RD 07/02/2007
EB2 - I140 , Approved 10/2007, PD : Oct 2005
Interfiled May 2008, no reply, no info.
After my new EB2 I-140 got approved with (old PD), Lawyer requested USCIS by mail to interfile my Case.
In that notice, he clearly mentioned all about my information in few lines and also request to approved ASAP as the PD is current according to the bulletin.
Hope this helps. If you want more info. let me know. I will gladly share.
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BharatPremi
03-29 10:26 PM
Though this can be the case but this is relief to those who have been stuck in NC for years ,so in that retrospect six months is far far better . I think many people can see the things to their interpretation , my take is that you never get everything right on the first time, u revisit and make changes and correct special situations that were not taken care of intially. It is a start atleast now we dont have poeple who are waiting in NC for years and asking about WOM.
Yes, agree and that is why I have already mentioned "improved" word in my first post. But clarity need to be established. I am giving USCIS a fair chance by using words "Doubt" and I have tried to research the subject but am not getting much authentic articles on net for the same. If somebody (Authentic article/lawyer/Sr. IV member) is saying that "Yes 6 months is from 485 receipt date".. Then I am fine otherwise it will be a missed oppertunity as we had a chance to have more clarified text from USCIS while it was writing a new memo w.r.t that law suite.
Why I opened this thread? Because I understand the seriousness of this process. After fighting out this, still we will be screwed on this interpretation then again we will be seeing million stuck in a queue (perhaps that may not be a NC queue but different queue.. for an example "processing" queue) And that will be a very darn serious situation...
Yes, agree and that is why I have already mentioned "improved" word in my first post. But clarity need to be established. I am giving USCIS a fair chance by using words "Doubt" and I have tried to research the subject but am not getting much authentic articles on net for the same. If somebody (Authentic article/lawyer/Sr. IV member) is saying that "Yes 6 months is from 485 receipt date".. Then I am fine otherwise it will be a missed oppertunity as we had a chance to have more clarified text from USCIS while it was writing a new memo w.r.t that law suite.
Why I opened this thread? Because I understand the seriousness of this process. After fighting out this, still we will be screwed on this interpretation then again we will be seeing million stuck in a queue (perhaps that may not be a NC queue but different queue.. for an example "processing" queue) And that will be a very darn serious situation...
skynet2500
07-13 07:53 PM
Fourth Option seems to be the one that IV is pursuing. All the best to IV core in making this happen.
Vlora
10-26 09:01 AM
[QUOTE=qplearn]If the name check happens before the 485 process is cleared, great! If not, you wait for the name check; lots (and believe me tens of thousands) of people belong to the second group. Since this forum mostly has people stuck in the process at earlier stages, you are not going to find too many people with that kind of experience here. [QUOTE=qplearn]
Absolutely correct - thanks qplearn, a true senior member.
[QUOTE=qplearn] So your respected lawyer is technically correct, but what he/she is saying can be very badly misleading!! One gets the impression that clearing the name check happens automatically with completing work on the 485 by USCIS.[QUOTE=qplearn]
No, that's not what I claimed, unless my English screwed me up - (for the other readers), no one should believe that.
[QUOTE=qplearn]And the name check is certainly not a part of the 140 approval even if the 140 and 485 are submitted concurrently. If any lawyer is telling you this, please change him/her.[QUOTE=qplearn][/I]
Murthy's report (http://www.murthy.com/mb_pdf/apr2304.pdf) makes a different interpretation. My lawyer could not confirm/deny it.
I hope what I said above makes sense :) Took me a long time to compose that ...:)
Thanks qplearn, lots of useful info.
Absolutely correct - thanks qplearn, a true senior member.
[QUOTE=qplearn] So your respected lawyer is technically correct, but what he/she is saying can be very badly misleading!! One gets the impression that clearing the name check happens automatically with completing work on the 485 by USCIS.[QUOTE=qplearn]
No, that's not what I claimed, unless my English screwed me up - (for the other readers), no one should believe that.
[QUOTE=qplearn]And the name check is certainly not a part of the 140 approval even if the 140 and 485 are submitted concurrently. If any lawyer is telling you this, please change him/her.[QUOTE=qplearn][/I]
Murthy's report (http://www.murthy.com/mb_pdf/apr2304.pdf) makes a different interpretation. My lawyer could not confirm/deny it.
I hope what I said above makes sense :) Took me a long time to compose that ...:)
Thanks qplearn, lots of useful info.
