SunnySurya
07-13 12:49 PM
Reading your post, it seems that it is better for me to do nothing (option A).
talk to an attorney.
I have a similar problem with 2 485s, one as primary, one as dependent. The PDs are 18 months apart, and both are not going to be current in August. Had ending up filing both in the July fiasco because both attorneys were dillydallying on filing and we were hoping atleast one gets through, now both did.
My attorney is now advising me NOT to withdraw one on my own, because USCIS in its own confusion might end up withdrawing BOTH petitions. This also happened to someone recently on the forum (I-140 in one case got denied, and all four 485s were denied, without USCIS realizing that 2 were tied to another I-140 which is still around). He believes we will either get an approval outright and the second petition will be automatically nullified, or we'll get an RFE.
talk to an attorney.
I have a similar problem with 2 485s, one as primary, one as dependent. The PDs are 18 months apart, and both are not going to be current in August. Had ending up filing both in the July fiasco because both attorneys were dillydallying on filing and we were hoping atleast one gets through, now both did.
My attorney is now advising me NOT to withdraw one on my own, because USCIS in its own confusion might end up withdrawing BOTH petitions. This also happened to someone recently on the forum (I-140 in one case got denied, and all four 485s were denied, without USCIS realizing that 2 were tied to another I-140 which is still around). He believes we will either get an approval outright and the second petition will be automatically nullified, or we'll get an RFE.
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eb3_nepa
08-13 02:32 PM
Thanks for Prompt reply.
My application got delivered at 11:31 & Received by B GERKENSMEYER.
Do u think I shoould file again using Lawyer before Aug 17?
Guys,
Please relax. There ae tonnes of people who filed on July 2nd who have not received receipt notices/checks cashed. We have all got to hang in there. Refiling without justified reason will only hinder your case especially the USCIS Receipt Updates clearly indicate backlogs for the receipts.
My application got delivered at 11:31 & Received by B GERKENSMEYER.
Do u think I shoould file again using Lawyer before Aug 17?
Guys,
Please relax. There ae tonnes of people who filed on July 2nd who have not received receipt notices/checks cashed. We have all got to hang in there. Refiling without justified reason will only hinder your case especially the USCIS Receipt Updates clearly indicate backlogs for the receipts.
validIV
03-25 02:00 PM
My advice to you, seek an immigration lawyer and don't play games with them, like you're doing here. If you are unemployed tell them. If you're not unemployed tell them. You are only hurting yourself by dancing around the issue.
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snathan
02-21 09:59 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.
EB1 - current
EB2 - 3-2 years
EB3 - 10 - 20 years....
You cannot use the experience gained with your current employer...so you are coming under EB3 and its a long & treacherous journey for you. Take part in advocacy day on Apr 4 & 5 th in DC.
EB1 - current
EB2 - 3-2 years
EB3 - 10 - 20 years....
You cannot use the experience gained with your current employer...so you are coming under EB3 and its a long & treacherous journey for you. Take part in advocacy day on Apr 4 & 5 th in DC.
more...
Munna Bhai
06-22 11:14 AM
Please help...
It is not possible to save any information on PDF forms if need to correct anything later..
Any idea how to save data on all the forms...
you need pdf writer, use demo.
It is not possible to save any information on PDF forms if need to correct anything later..
Any idea how to save data on all the forms...
you need pdf writer, use demo.
amenon
05-01 10:29 PM
I understand that the chance is slim.... almost microscopic :rolleyes: But I need to prepare for the worst case (or is it the best...?? :confused:) hence the question.
Any idea about how long consular processing takes and does it depend on priority dates (in the case of a further retrogression)?
Thanks for the input, will keep a close watch on the visa bulletin and keep my wife's return trip options open.
Thanks again.
Any idea about how long consular processing takes and does it depend on priority dates (in the case of a further retrogression)?
Thanks for the input, will keep a close watch on the visa bulletin and keep my wife's return trip options open.
Thanks again.
more...
MCQ
05-05 01:24 PM
You need to wait until you have submitted your I-485, and to be on the safe side, got an EAD. The can write these things for pleasure all you want, but the minute you try to sell them - then it's 'Work' and you can only work in the US for the people that sponsored your H1-B.
Sorry
McQ
Sorry
McQ
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kaisersose
01-22 04:37 PM
The salary can be lesser than the previous salary and still be compliant with AC21. But the difference should not be too much and it is better to not get into such a situation.
But there is the clause of "intent to work for the sponsoring employer". This overrides the AC21 laws and it is not clear what the repercussions can be if the employer wants to play nasty. Here is the part reproduced from the 2005 memeorandum. For this reason, try and part from yoru current employer amicably.
===
...as with any portability case, USCIS will focus on whether the I-140 petition represented the truly
intended employment at the time of the filing of both the I-140 and the I-485. This means that, as
of the time of the filing of the I-140 and at the time of filing the I-485 if not filed concurrently, the I-
140 petitioner must have had the intent to employ the beneficiary, and the alien must have intended
to undertake the employment, upon adjustment. Adjudicators should not presume absence of such
intent and may take the I-140 and supporting documents themselves as prima facie evidence of such
intent, but in appropriate cases additional evidence or investigation may be appropriate.
===
But there is the clause of "intent to work for the sponsoring employer". This overrides the AC21 laws and it is not clear what the repercussions can be if the employer wants to play nasty. Here is the part reproduced from the 2005 memeorandum. For this reason, try and part from yoru current employer amicably.
===
...as with any portability case, USCIS will focus on whether the I-140 petition represented the truly
intended employment at the time of the filing of both the I-140 and the I-485. This means that, as
of the time of the filing of the I-140 and at the time of filing the I-485 if not filed concurrently, the I-
140 petitioner must have had the intent to employ the beneficiary, and the alien must have intended
to undertake the employment, upon adjustment. Adjudicators should not presume absence of such
intent and may take the I-140 and supporting documents themselves as prima facie evidence of such
intent, but in appropriate cases additional evidence or investigation may be appropriate.
===
more...
saketkapur
03-24 03:38 PM
She will need to complete a 3 year waiver in medically underserved area or a 2 year home return before you can file for her adjustment of status(I-485).
We had faced a similar situation 3 years back and decided to go ahead with it since looking at the backlogs I am assuming with my PD of 2007 I am still way off from getting my GC.
So now my wife is completing her residency in June this year and has a waiver job lined up. Once/ If dates become current I will file for her I-485 after the waiver is complete.
If you need details then PM me.
Everyone has their own priorities and their own way of dealing with the situations.
We had faced a similar situation 3 years back and decided to go ahead with it since looking at the backlogs I am assuming with my PD of 2007 I am still way off from getting my GC.
So now my wife is completing her residency in June this year and has a waiver job lined up. Once/ If dates become current I will file for her I-485 after the waiver is complete.
If you need details then PM me.
Everyone has their own priorities and their own way of dealing with the situations.
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vivache
11-01 08:42 PM
hi there.
I need to talk to an immigration lawyer.
Can you refer me an Immigration lawyer in San Jose/Bayarea?
Also how much does he/she charge per hour?
I read about the free immigration question/answer through IV. Is there anything for Nov? Thanks.
I need to talk to an immigration lawyer.
Can you refer me an Immigration lawyer in San Jose/Bayarea?
Also how much does he/she charge per hour?
I read about the free immigration question/answer through IV. Is there anything for Nov? Thanks.
more...
missourian
11-05 08:08 PM
Texas IV group Goooooo!!!
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eb3retro
02-04 10:35 PM
I know about the "same or similar" clause in AC21. How many of you have got a RFE/Problems based on just this clause alone ?
Also, If you filed labor 3 years ago for software programmer, in 3 years, you could have become a system analyst, DBA or system Architect etc etc, So, how does "same or similar" matter here ?
Also, It will be helpful if we have a forum category "AC21", Admin, please consider this.
Thanks for all your inputs.
i filed my labor 7 years ago as a programmer, today i am a project manager. I have changed job using ac21 twice, did not inform uscis even once (as its not reqd by law). I am in eb3 india and I have no hopes that uscis will ever get to my application, and even if they did after 5 years from now, I dont care if they issue an RFE and deny my 485 all together. Point I am trying to say is , you cannot spoil your career waiting for this. I changed my job exactly on 6 months and one day after i filed 485. past 2 years i am a PM. I am pretty confident that I would have had atleast 5 years PM experience by the time they reach my application or even more time. After all I want to go back to my home country pretty soon and so did not want to care about all this job title, description etc crap..this is just me..use your own instincts.
Also, If you filed labor 3 years ago for software programmer, in 3 years, you could have become a system analyst, DBA or system Architect etc etc, So, how does "same or similar" matter here ?
Also, It will be helpful if we have a forum category "AC21", Admin, please consider this.
Thanks for all your inputs.
i filed my labor 7 years ago as a programmer, today i am a project manager. I have changed job using ac21 twice, did not inform uscis even once (as its not reqd by law). I am in eb3 india and I have no hopes that uscis will ever get to my application, and even if they did after 5 years from now, I dont care if they issue an RFE and deny my 485 all together. Point I am trying to say is , you cannot spoil your career waiting for this. I changed my job exactly on 6 months and one day after i filed 485. past 2 years i am a PM. I am pretty confident that I would have had atleast 5 years PM experience by the time they reach my application or even more time. After all I want to go back to my home country pretty soon and so did not want to care about all this job title, description etc crap..this is just me..use your own instincts.
more...
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rkat
02-06 11:56 AM
Thanks everybody for your help.!
Ebizash - i would appreciate it if you please post some of info. or PM it to me.
Greatly appreciate all ur help - everybody! Thank you!
Ebizash - i would appreciate it if you please post some of info. or PM it to me.
Greatly appreciate all ur help - everybody! Thank you!
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vrbest
11-14 11:36 AM
our case was recvd by uscis on July 23. we got our EAD card, FP notices , 485 receipts already. But 485 status is not online yet. I really dont need to worry about it, but was wondering if anyone is similar situation..
thanks
thanks
more...
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srinivas_o
08-22 02:54 PM
Bump
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GoneSouth
07-18 04:16 PM
Anyone got a working link for this? I had at one point, but now I can't seem to find.
more...
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sheela
08-06 07:58 PM
I had received RFE. They received the response for RFE on 08-01 for which there was LUD on 08-01. There was another LUD on 08-03. another one on 08-04. The status reads: "On August 1, 2008, we received your response to our request for evidence. We will notify you by mail when we make a decision or if we need something from you. If you move while this case is pending, call customer service. You should expect to receive a written decision or written update within 60 days of the date we received your response unless fingerprint processing or an interview are standard parts of case processing and have not yet been completed, in which case you can use our processing dates to estimate when this case will be done. This case is at our NEBRASKA SERVICE CENTER location. Follow the link below to check processing dates. You can also receive automatic e-mail updates as we process your case. Just follow the link below to
register."
I sent you PM. Please, check the same
register."
I sent you PM. Please, check the same
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pappu
06-06 09:10 AM
http://immigrationvoice.org/index.php?option=com_content&task=category§ionid=4&id=13&Itemid=36
You can find some points here in the documents on the URL mentioned above. This thread brings a good point. There are several issues that impact society, economy, family and relationships due to delays and problems in the GC process. Nobody has a compresensive study on that. Its a real anthropological/sociology and somewhat economics subject for anyone in universities doing a research. Such student can use us in this group to study. We should also try to have a document highlighting these issues so that US media can look at this problem from a different perspective.
some points
- lives are on hold
- property purchases cannot be planned
- cannot plan future investments and plan for settling in life.
- H1B is a temporary job and loss of job means leaving the country in 15 days. thus it impacts the lifestyle and family life. it has economic and psycological implications
- spouse cannot even have driving license since they cannot have a social security card. social security card is given only upon getting work permit. and h4 visa means spose cannot work. lack of driving license is a huge factor in creating restlessness and anxiety and leads to several hardships for a family. Driving is a need in this country and lack of of by spouses affects the homemakers and management of the house and needs.
- H1Bs on extensions (1 year) and people with 1 year EADs have difficulty getting driving license renewed in some states. not being able to drive to work is a big problem in itself and has economic and physical hardship implications.
- long wait for green card weighs in heavy on immigrant families and they cannot enjoy the same freedom that citizens or permanent residents enjoy. This restriction hampers the growth and development of children.
- children of H1B holders cannot get any relief in tuition in local colleges even if they are intelligent and qualify all exams with best scores. They cannot get any scolarships.
- employers of h1B tend to exploit employees knowing that the employee will stay until PR application is approved. This creates depression in employees.
- lack of promotions and raises for H1B immigrant causes disparity amongst employees and coworkers change their attitude against the employee. Such lack of respect and seeing juniors becoming seniors over a perid of time, creates emotional stress in immigrant.
- The lengthy, vague and irratic nature of proceessing of cases by USCIS and DOL causes tensions and distress at various stages in the process.
- Skilled EB immigrants only make up 11.5% of legal immigrants. This small number contributes the most to the us economy instead of other catagories.
- Lot of highly educated professional want to start new businesses and ventures. Inability to do that hurts their innovative spirit and competitive edge that usa can befit from. New business will also provide more revenue and jobs for the country.
- Due to the nature of H1B validations and extensions, every time the immigrant travels to the home country there has to be a visa interview. These visa interviews have to be planned months in advance and the trip cannot be short. It has a financial burden and emotional stress for the family. Not being able to visit the homecountry at will creates family tensions and issues. Families and relatives have to stay part and meet after long intervals of time.
- inability to change jobs during the 8 year greencard process hurts the learning and development and career growth of the person. For a high skilled professional in the prime of his work life this is very important. Not being able to change jobs creates frustration and growth becomes stagnant.
- the long wait for the GC forces some immigrant to migrate to other developed countries that have better immigration process or head back to home country to use their skills. Its a loss of intellectual capital for USA. For an immigrant it means uprooting life again from one place and restarting life again elsewhere. It not only has financial implications but a social, cultural and emotional burden on the family.
You can find some points here in the documents on the URL mentioned above. This thread brings a good point. There are several issues that impact society, economy, family and relationships due to delays and problems in the GC process. Nobody has a compresensive study on that. Its a real anthropological/sociology and somewhat economics subject for anyone in universities doing a research. Such student can use us in this group to study. We should also try to have a document highlighting these issues so that US media can look at this problem from a different perspective.
some points
- lives are on hold
- property purchases cannot be planned
- cannot plan future investments and plan for settling in life.
- H1B is a temporary job and loss of job means leaving the country in 15 days. thus it impacts the lifestyle and family life. it has economic and psycological implications
- spouse cannot even have driving license since they cannot have a social security card. social security card is given only upon getting work permit. and h4 visa means spose cannot work. lack of driving license is a huge factor in creating restlessness and anxiety and leads to several hardships for a family. Driving is a need in this country and lack of of by spouses affects the homemakers and management of the house and needs.
- H1Bs on extensions (1 year) and people with 1 year EADs have difficulty getting driving license renewed in some states. not being able to drive to work is a big problem in itself and has economic and physical hardship implications.
- long wait for green card weighs in heavy on immigrant families and they cannot enjoy the same freedom that citizens or permanent residents enjoy. This restriction hampers the growth and development of children.
- children of H1B holders cannot get any relief in tuition in local colleges even if they are intelligent and qualify all exams with best scores. They cannot get any scolarships.
- employers of h1B tend to exploit employees knowing that the employee will stay until PR application is approved. This creates depression in employees.
- lack of promotions and raises for H1B immigrant causes disparity amongst employees and coworkers change their attitude against the employee. Such lack of respect and seeing juniors becoming seniors over a perid of time, creates emotional stress in immigrant.
- The lengthy, vague and irratic nature of proceessing of cases by USCIS and DOL causes tensions and distress at various stages in the process.
- Skilled EB immigrants only make up 11.5% of legal immigrants. This small number contributes the most to the us economy instead of other catagories.
- Lot of highly educated professional want to start new businesses and ventures. Inability to do that hurts their innovative spirit and competitive edge that usa can befit from. New business will also provide more revenue and jobs for the country.
- Due to the nature of H1B validations and extensions, every time the immigrant travels to the home country there has to be a visa interview. These visa interviews have to be planned months in advance and the trip cannot be short. It has a financial burden and emotional stress for the family. Not being able to visit the homecountry at will creates family tensions and issues. Families and relatives have to stay part and meet after long intervals of time.
- inability to change jobs during the 8 year greencard process hurts the learning and development and career growth of the person. For a high skilled professional in the prime of his work life this is very important. Not being able to change jobs creates frustration and growth becomes stagnant.
- the long wait for the GC forces some immigrant to migrate to other developed countries that have better immigration process or head back to home country to use their skills. Its a loss of intellectual capital for USA. For an immigrant it means uprooting life again from one place and restarting life again elsewhere. It not only has financial implications but a social, cultural and emotional burden on the family.
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Steve Mitchell
November 21st, 2005, 06:09 PM
The shots can be sharpened much better which would make all of them even more appealing.
virtual55
05-16 12:57 PM
I am seeing currently 700 members actively using IV website right now, but I don't think all of them have signed up for monthly contribution, Guys please contribute and help yourself
blogger
06-24 11:27 AM
Can you share you're thoughts for my post?
I recommend talking to a lawyer. Remember, that you (and your partner) are certifying and signing all forms. So, if you are legally married, it would be perjury to leave the "spouse" field as blank.
Thanks,
Jayant
I recommend talking to a lawyer. Remember, that you (and your partner) are certifying and signing all forms. So, if you are legally married, it would be perjury to leave the "spouse" field as blank.
Thanks,
Jayant
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