VMH_GC
06-11 06:15 PM
Change the title fool.. lot of ppl are waiting for this.. they might think it's OUT
please refrain from using harsh words that would hurt others in this forum. Please respect others and treat everyone with dignity as we are all fighting for same cause.
please refrain from using harsh words that would hurt others in this forum. Please respect others and treat everyone with dignity as we are all fighting for same cause.
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raysaikat
11-14 10:57 PM
i am not a lawyer and may be mistaken, but i was told that if one's spouse is using EAD, then you must be in EAD status and cannot be in H1 status (since then dependent spouse would be in H4 status and cannot work).
Can anyone confirm this?
best,
-andy
It is the other way.
If the spouse has EAD and wishes to be in AOS, then the primary applicant can be either on H1-B or on EAD; it does not matter.
If the spouse has no EAD (so that s/he has to be on H-4), or for whatever reason wants to remain in H-4, then the primary applicant must be on H1-B.
Can anyone confirm this?
best,
-andy
It is the other way.
If the spouse has EAD and wishes to be in AOS, then the primary applicant can be either on H1-B or on EAD; it does not matter.
If the spouse has no EAD (so that s/he has to be on H-4), or for whatever reason wants to remain in H-4, then the primary applicant must be on H1-B.
idd
09-19 04:26 PM
Originally posted by fadingblack
Anyway, do you think is that good to buy it or do you think you can do the same stuff with photoshop?? I'm afraid painter is much powerfurl in some aspects. What do you think, as owner of painter 6 and a manual???
yeh, i've wonder the same thing many a time. havent really gotten to use it, just a few times here and there. anything you can tell us about it?
Anyway, do you think is that good to buy it or do you think you can do the same stuff with photoshop?? I'm afraid painter is much powerfurl in some aspects. What do you think, as owner of painter 6 and a manual???
yeh, i've wonder the same thing many a time. havent really gotten to use it, just a few times here and there. anything you can tell us about it?
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ravik904
12-14 09:05 PM
Hi All,
Can some one advice whether I can qualify for EB-2 Category?
I am a Chartered Accountant from India with 10 years of Post Qualification Experience.
I am currently working on H1B since last 1 year and working as System Consltant for last 4 years.
I do not have any other master degree like M. Com / M.Sc etc.
Would I qualify for EB-2 Category ?
Regards
Can some one advice whether I can qualify for EB-2 Category?
I am a Chartered Accountant from India with 10 years of Post Qualification Experience.
I am currently working on H1B since last 1 year and working as System Consltant for last 4 years.
I do not have any other master degree like M. Com / M.Sc etc.
Would I qualify for EB-2 Category ?
Regards
more...
Since1997
07-18 05:01 PM
Last year the top 5 countries in EB got all these visas:
Total EB ****** 159,081
Philippines ***** 23,733
India ********* 17,169
Korea ******** 10,886
China ******** 9,484
Mexico ****** 8,864
The actual limit is 7% of the total EB plus FB which is:
(140,000 + 226,000) * .07 = 25,620
What is FB of 226,000 ?
Total EB ****** 159,081
Philippines ***** 23,733
India ********* 17,169
Korea ******** 10,886
China ******** 9,484
Mexico ****** 8,864
The actual limit is 7% of the total EB plus FB which is:
(140,000 + 226,000) * .07 = 25,620
What is FB of 226,000 ?
raj3078
09-27 02:10 PM
Man,
You can take any or take both. It does not matter as long as they have at least one to see....Dont take tension, there is nothing to FP as long as you attend it
You can take any or take both. It does not matter as long as they have at least one to see....Dont take tension, there is nothing to FP as long as you attend it
more...
vxg
05-16 10:32 AM
It comes in a regular USCIS envelope which is not green. USPS puts it in your mailbox along with all junk mail. Congratulations.
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kumar1305
01-20 01:31 PM
All those guys are gone. Were we late coming to the USA?
more...
Suva
07-18 03:58 PM
Can I join new company on my EAD after 180 days of I485 receipt date?? Yes you can join new company using your EAD after 180 days.
One quick question:
What is AC21 provision: is this a clause or any other application or ???? This is a clause.
These are my opinion. It is better to consult with your lawyer.
Can I join new company on my EAD after 180 days of I485 receipt date??
One quick question:
What is AC21 provision: is this a clause or any other application or ????
One quick question:
What is AC21 provision: is this a clause or any other application or ???? This is a clause.
These are my opinion. It is better to consult with your lawyer.
Can I join new company on my EAD after 180 days of I485 receipt date??
One quick question:
What is AC21 provision: is this a clause or any other application or ????
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veni001
11-05 09:27 AM
That is true, however, would that result in the 140 being cancelled? As per several discussions the 140 can still be used for extensions (assuming that the 140 has not been revoked/cancelled by USCIS due to fraud and that the PD is not current for that catagory). Again this is debatable and there are lots of opinions on this issue out there.
Some people say that the PD of the older 140 (even if revoked/cancelled by the former employer) can be used when the new company clears the labor and is applying for the new 140.
You need to consider two scenarios here...
First: Approved I-140 revoked by employer, since the employee is no longer with him and or employer no longer want to proceed with immigrant worker petition.
In this case the beneficiary of I-140 can recapture priority date to a future immigrant worker petition by his prospective employer ( at new I-140 stage)
Second: Approved I-140 revoked by USCIS due to Fraud
In this case the employer or employee can no-longer eligible to use that I-140 , which includes recapturing priority date.
Remember: To get H1B extension beyond 6th year one need to have valid approved and/or pending labor/I-140.
If the PERM labor expires then you can not use that to get 1 year extension
If I-140 revoked by employer then you can not use that to get extension even for the same employer ( if you come back to him):p
Some people say that the PD of the older 140 (even if revoked/cancelled by the former employer) can be used when the new company clears the labor and is applying for the new 140.
You need to consider two scenarios here...
First: Approved I-140 revoked by employer, since the employee is no longer with him and or employer no longer want to proceed with immigrant worker petition.
In this case the beneficiary of I-140 can recapture priority date to a future immigrant worker petition by his prospective employer ( at new I-140 stage)
Second: Approved I-140 revoked by USCIS due to Fraud
In this case the employer or employee can no-longer eligible to use that I-140 , which includes recapturing priority date.
Remember: To get H1B extension beyond 6th year one need to have valid approved and/or pending labor/I-140.
If the PERM labor expires then you can not use that to get 1 year extension
If I-140 revoked by employer then you can not use that to get extension even for the same employer ( if you come back to him):p
more...
jigsaw
02-19 08:30 PM
Hello
Two years back I was arrested for felony domestic violence. My parents were here visiting. Father was also arrested for felony and mother for misdemeanor. Mothers case came up first. We won the case and jury decided not guilty. Me and my father were not formally charged by DA. Also at that time I was charged with violation of no contact order. I contested the case and the case was dismissed w/o prejudice.
Since then me and my wife are living together. I recently applied for citizenship and declared my arrest and the court documents.
I have also had couple of traffic tickets..one for following too closely and second for speeding like 18 miles above speed limit. Got both the tickets dismissed. I did not declare traffic tickets in N400.
I have been given a date to do the finger prints...
How all of this will affect my application for citizenship. Both me and my wife applied for citizenship..
if my application is denied then could I be deported. I came to us based on immigrant visa granted to the family because wife is a registered nurse. my GC is valid until five more years..
The court finding in violation of no contact order was "dismissed w/o prejudice". I pleaded NOT GUILTY at the time of arraignment and my attorney moved knapstead motion and on lack of action from city to contact the witness, the judge granted the motion and dismissed the case w/o prejudice.
And for charge of "unlawful imprisonment and interference in reporting", the DA sent a letter to my wife saying" this notice is to inform you that the Prosecutor's Office has made a decision not to file criminal charges in th above matter. The decision was made carefully and in accordance with office policy and charging guidelines. A decision not to file charges does not necessarily mean we concluded that no crime was committed. We must consider many factors in making a decision whether to file criminal charges." I on the other hand never got any letter from Prosecutor's Office.
Me and my wife were interviewed on 02-18-10. We were interviewed separately. My wife got the citizenship and I got N-652, saying a decision cannot be made at this time. during my interview I presented all the paperwork I gathered from the courts.i passed both the english and civic exams.
As I already said that I was charged with Violation of no contact order and I contested the case and the case was dismissed w/o prejudice. In the court dockt it was written " THE COURT FINDS PROBABLE CAUSE." but the case was dismissed in the pretrial thru knapstead motion. There is NOTHING wriiten in the dockt that suggest that " COURT HAS FOUND THAT THE VIOLATION OF NO CONTACT ORDER OCCURRED". Could I be deported?
Much thanks in advance
Two years back I was arrested for felony domestic violence. My parents were here visiting. Father was also arrested for felony and mother for misdemeanor. Mothers case came up first. We won the case and jury decided not guilty. Me and my father were not formally charged by DA. Also at that time I was charged with violation of no contact order. I contested the case and the case was dismissed w/o prejudice.
Since then me and my wife are living together. I recently applied for citizenship and declared my arrest and the court documents.
I have also had couple of traffic tickets..one for following too closely and second for speeding like 18 miles above speed limit. Got both the tickets dismissed. I did not declare traffic tickets in N400.
I have been given a date to do the finger prints...
How all of this will affect my application for citizenship. Both me and my wife applied for citizenship..
if my application is denied then could I be deported. I came to us based on immigrant visa granted to the family because wife is a registered nurse. my GC is valid until five more years..
The court finding in violation of no contact order was "dismissed w/o prejudice". I pleaded NOT GUILTY at the time of arraignment and my attorney moved knapstead motion and on lack of action from city to contact the witness, the judge granted the motion and dismissed the case w/o prejudice.
And for charge of "unlawful imprisonment and interference in reporting", the DA sent a letter to my wife saying" this notice is to inform you that the Prosecutor's Office has made a decision not to file criminal charges in th above matter. The decision was made carefully and in accordance with office policy and charging guidelines. A decision not to file charges does not necessarily mean we concluded that no crime was committed. We must consider many factors in making a decision whether to file criminal charges." I on the other hand never got any letter from Prosecutor's Office.
Me and my wife were interviewed on 02-18-10. We were interviewed separately. My wife got the citizenship and I got N-652, saying a decision cannot be made at this time. during my interview I presented all the paperwork I gathered from the courts.i passed both the english and civic exams.
As I already said that I was charged with Violation of no contact order and I contested the case and the case was dismissed w/o prejudice. In the court dockt it was written " THE COURT FINDS PROBABLE CAUSE." but the case was dismissed in the pretrial thru knapstead motion. There is NOTHING wriiten in the dockt that suggest that " COURT HAS FOUND THAT THE VIOLATION OF NO CONTACT ORDER OCCURRED". Could I be deported?
Much thanks in advance
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texcan
08-25 10:06 PM
Thanks, crystal. But what would happen if I wait now and just say, hypothetically, my I-140 is denied?
I will apply for extension based on your labor certificate for one year, if your i140 is denied your extension is still valid and you can refile i140.
To me applying for extention is covering your risk...better safe then sorry especially due to some body elses fault.
What if you donot apply and you donot get EAD by Jan 08, you can still stay legally but wont be able to work without EAD.
I will apply for extension based on your labor certificate for one year, if your i140 is denied your extension is still valid and you can refile i140.
To me applying for extention is covering your risk...better safe then sorry especially due to some body elses fault.
What if you donot apply and you donot get EAD by Jan 08, you can still stay legally but wont be able to work without EAD.
more...
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lazycis
01-15 10:48 AM
Thanks a lot for your timely reply. I want to know does it matter how we exited US, I mean did anyone see your advance parole while leaving US.
Regards,
Ravi
It does not matter how you exited. You will need AP to re-enter and you will lose H1 status. I hope AP was approved before you left the US.
Regards,
Ravi
It does not matter how you exited. You will need AP to re-enter and you will lose H1 status. I hope AP was approved before you left the US.
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mdmd10
08-29 08:37 AM
yes...good idea! If those ignorant buffoons from NumbersUSA can spread false propaganda...why not spread the light.
The truth will set everyone free.
The truth will set everyone free.
more...
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sam_hoosier
12-15 09:37 PM
Hi All,
Can some one advice whether I can qualify for EB-2 Category?
I am a Chartered Accountant from India with 10 years of Post Qualification Experience.
I am currently working on H1B since last 1 year and working as System Consltant for last 4 years.
I do not have any other master degree like M. Com / M.Sc etc.
Would I qualify for EB-2 Category ?
Regards
System Consultant role might be an EB2 role i.e.require a Masters degree, but it probably does not require Accounting (CA) qualifications.
So it would be tough to make a case for EB2.
Can some one advice whether I can qualify for EB-2 Category?
I am a Chartered Accountant from India with 10 years of Post Qualification Experience.
I am currently working on H1B since last 1 year and working as System Consltant for last 4 years.
I do not have any other master degree like M. Com / M.Sc etc.
Would I qualify for EB-2 Category ?
Regards
System Consultant role might be an EB2 role i.e.require a Masters degree, but it probably does not require Accounting (CA) qualifications.
So it would be tough to make a case for EB2.
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gcformeornot
09-25 03:41 PM
Hello,
I had taken advantage of concurrent filing. I have I-140 approved and I-485 pending for more than 180 days. I already have my EAD.
Rumours are that my company is in the process of layoffs. Can anyone enlighten me on my options?
1. Can the employer revoke my I-140? YES
2. If so, will I loose my PD and have to restart my GC process? Once 140 approved you would not loose PD. Also since its more than 180 days, you are protected under AC21 provisions.
3. Do I have to invoke AC21 immediately? IMHO YES
4. What options do I have to keep my current file alive?
5. Any situation I need to be aware at this point?You should look for new job asap. Also get a EVL from new employer. USCIS is known to act on 140 revokation
Appreciate your response!..
I had taken advantage of concurrent filing. I have I-140 approved and I-485 pending for more than 180 days. I already have my EAD.
Rumours are that my company is in the process of layoffs. Can anyone enlighten me on my options?
1. Can the employer revoke my I-140? YES
2. If so, will I loose my PD and have to restart my GC process? Once 140 approved you would not loose PD. Also since its more than 180 days, you are protected under AC21 provisions.
3. Do I have to invoke AC21 immediately? IMHO YES
4. What options do I have to keep my current file alive?
5. Any situation I need to be aware at this point?You should look for new job asap. Also get a EVL from new employer. USCIS is known to act on 140 revokation
Appreciate your response!..
more...
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thomachan72
03-28 01:51 PM
Portions of DREAM bill introduced in both houses say that children of ilegal immigrants will be allowed pathway to citizenship if;
Have arrived here at the age of 15 or under;
Have lived in the U.S. for at least 5 years;
Graduate from high school;
Serve in the military or attend college for at least two years; and
Have good moral character.
Now our children (children of legal immigrants)? do they qualify under any of these that are cited above? Infact yes, they do under all of these. If they can introduce bills to consider the children of undocumented / ilegal immigrants, why is there no pathway for citizenship for the children of legal immigrants? Ofcourse they fall under our petitions, but they should be given priority over the others, particularly since their parents pay the most tax/social security etc etc.
Have arrived here at the age of 15 or under;
Have lived in the U.S. for at least 5 years;
Graduate from high school;
Serve in the military or attend college for at least two years; and
Have good moral character.
Now our children (children of legal immigrants)? do they qualify under any of these that are cited above? Infact yes, they do under all of these. If they can introduce bills to consider the children of undocumented / ilegal immigrants, why is there no pathway for citizenship for the children of legal immigrants? Ofcourse they fall under our petitions, but they should be given priority over the others, particularly since their parents pay the most tax/social security etc etc.
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SGP
09-28 03:32 PM
Thanks once again for the reply.
When you say I can retain the priority date, how does that work? Do I have to file the PERM again? Isn't the PERM what gives us the priority date? And then will I have to file the I-140 or is it that I need to file the I-140 only?
Thanks
Omi.
Omi, Mr. Raj would be having a free conference call in which you can ask questions. The call as of now is set for Oct 7, 2010 at 6.45PM EST. Follow the thread "Next Free Attorney Call" on IV for details
Thanks.
When you say I can retain the priority date, how does that work? Do I have to file the PERM again? Isn't the PERM what gives us the priority date? And then will I have to file the I-140 or is it that I need to file the I-140 only?
Thanks
Omi.
Omi, Mr. Raj would be having a free conference call in which you can ask questions. The call as of now is set for Oct 7, 2010 at 6.45PM EST. Follow the thread "Next Free Attorney Call" on IV for details
Thanks.
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juhis
06-14 06:45 PM
I am speaking from experience. Download the forms needed for filing 485, EAD and AP. Then when your attorney send you his/her set ( normally they do this in 2 stages - one they will send you a draft copy to verify and correct all info - some have online questionnaire; stage two - they send the final forms for you to verify and sign again - this they may do paper copy or online PDF - that cannot be edited - not fill able forms).
So, here I am providing links to all forms that I know are needed. These from uscis.gov site are fill able. Weekend is coming. Fill them, and print and keep them.
When attorney sends papers, compare yours with their and do corrections in theirs ( usually it will have stamps of the firm)
Application To Register Permanent Residence or Adjust Status - I-485 (http://www.uscis.gov/files/form/i-485.pdf)
Medical Examination of Aliens Seeking Adjustment of Status - I-693 (http://www.uscis.gov/files/form/I-693.pdf)
There is a supplemental 693 also for vaccination records.
Biographic Information - I-325 A (http://www.uscis.gov/files/form/g-325a.pdf)
There are A, B, C and other versions. I filled A
Application for Employment Authorization - I-765 (http://www.uscis.gov/files/form/I-765.pdf)
Application for Travel Document - I-131 (http://www.uscis.gov/files/form/I-131.pdf)
Affidavit of Support - I-134 (http://www.uscis.gov/files/form/I-134.pdf)
I completed all these forms with 100% correct info- still the Paralegal - made mistakes again and again ( I can't correct the PDF as Adobe PDF writer is 1800 USD). I lost ONE precious week. Hoping to file on 06/01/2007, filed on 06/08. Learn and be wiser from experience, yours and others.
This is what I call a true productive forum. Thanks factoryman for providing this list.
So, here I am providing links to all forms that I know are needed. These from uscis.gov site are fill able. Weekend is coming. Fill them, and print and keep them.
When attorney sends papers, compare yours with their and do corrections in theirs ( usually it will have stamps of the firm)
Application To Register Permanent Residence or Adjust Status - I-485 (http://www.uscis.gov/files/form/i-485.pdf)
Medical Examination of Aliens Seeking Adjustment of Status - I-693 (http://www.uscis.gov/files/form/I-693.pdf)
There is a supplemental 693 also for vaccination records.
Biographic Information - I-325 A (http://www.uscis.gov/files/form/g-325a.pdf)
There are A, B, C and other versions. I filled A
Application for Employment Authorization - I-765 (http://www.uscis.gov/files/form/I-765.pdf)
Application for Travel Document - I-131 (http://www.uscis.gov/files/form/I-131.pdf)
Affidavit of Support - I-134 (http://www.uscis.gov/files/form/I-134.pdf)
I completed all these forms with 100% correct info- still the Paralegal - made mistakes again and again ( I can't correct the PDF as Adobe PDF writer is 1800 USD). I lost ONE precious week. Hoping to file on 06/01/2007, filed on 06/08. Learn and be wiser from experience, yours and others.
This is what I call a true productive forum. Thanks factoryman for providing this list.
jkays94
04-01 10:29 AM
IT in canada is in a bad shape.....very difficult to maintain a good job.....people get citizenship after 3 years...and they move to usa on TN visa...
I agree, IT might be in a bad shape in Canada, and indeed, coming back on a TN visa is indeed shorter than waiting for 6/7 years for a GC, not to mention that one gains self driven job mobility.
I agree, IT might be in a bad shape in Canada, and indeed, coming back on a TN visa is indeed shorter than waiting for 6/7 years for a GC, not to mention that one gains self driven job mobility.
r_mistry
11-06 02:51 PM
Hi Guys -
I filed my I485/EAD/AP at Nebraska on July 24th, 2007. Got receipts for all of them on September 19th. Done FP on October 23rd for myself and my wife and saw a LUD on I-485 a day after. EADs were approved and received on October 10th. But i have not received AP yet. Looks like my application is still with NSC. Never got a transfer notice or anything and online status also shows "Case received and pending at Nebraska".
There is only one LUD on AP and that was on September 21st. Nothing after that.
Anybody in the same boat? Do i need to make an infopass to get more information on this. I need to travel in December and want to make sure i get AP before that.
Many thanks in advance for your responses
I filed my I485/EAD/AP at Nebraska on July 24th, 2007. Got receipts for all of them on September 19th. Done FP on October 23rd for myself and my wife and saw a LUD on I-485 a day after. EADs were approved and received on October 10th. But i have not received AP yet. Looks like my application is still with NSC. Never got a transfer notice or anything and online status also shows "Case received and pending at Nebraska".
There is only one LUD on AP and that was on September 21st. Nothing after that.
Anybody in the same boat? Do i need to make an infopass to get more information on this. I need to travel in December and want to make sure i get AP before that.
Many thanks in advance for your responses
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