GC08
07-09 09:22 PM
why do you keep parroting the pro USCIS, pro -antiimmigrant line all the time?
there are times when your realism makes sense, then there are others when it's plain silly.
this was not a mistake. this was not an accident.
civil servants do not show up on weekends by accidents. and they do not do 6 mnths of work in 15 days by mistake.
it was intentional, directed and planned.
you can believe whatever motives you want and you can sympathize with uscis till kingdom come. but pleaaasee don't tell me it was a random event, some act of god that is our destiny or such crap. please!
I wish USCIS could stand out and answer those questions... do whatever they can to clarify those "rumors". :confused:
there are times when your realism makes sense, then there are others when it's plain silly.
this was not a mistake. this was not an accident.
civil servants do not show up on weekends by accidents. and they do not do 6 mnths of work in 15 days by mistake.
it was intentional, directed and planned.
you can believe whatever motives you want and you can sympathize with uscis till kingdom come. but pleaaasee don't tell me it was a random event, some act of god that is our destiny or such crap. please!
I wish USCIS could stand out and answer those questions... do whatever they can to clarify those "rumors". :confused:
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pop
01-20 11:28 PM
Not necessary. But, not everyone entered with the visa. We are talking about the entry with the AP and H-1B approval has not expired yet. You have been answered.
wellwishergc
07-10 10:47 AM
I understand each and every part of that DOS statement.
Peace! Relax! Let's wait and watch!
What part of DOS statement
"All numbers available to these categories under the FY-2007 annual numerical limitation have been made available. "
do you not understand ?
2007 quota is used up. We need to wait until OCT for 2008 quota. :(
Peace! Relax! Let's wait and watch!
What part of DOS statement
"All numbers available to these categories under the FY-2007 annual numerical limitation have been made available. "
do you not understand ?
2007 quota is used up. We need to wait until OCT for 2008 quota. :(
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PD_Dec2002
06-22 12:17 PM
Reply from Wife's Lawyer(Murthy):
"It is not possible for you to be her derivative as well as your own primary, and vice versa. It would require the filing of 2 I-485s and this causes nothing but confusion on the part of the USCIS. You have 2 choices. You could pick a case that you are going to proceed under, most likely the one with the earliest priority date, so long as there is confidence that the I-140 will be approved. Or, you can hedge your bets by each filing as your own primary because if one of the cases falls into a problem, the person can switch to be a derivative, but could run into a problem if there were not current priority dates at the time. But, so long as your both remain in H-1B status, and not use EAD/AP, that is minimized"
Murthy's words are not so clear. Other posts have her quoting "it's not recommended to file two I-485s", whereas here she says "It is not possible for you to be her derivative as well as your own primary, and vice versa.".
Not recommended means "USCIS allows it or there is no clear memo from them so try at your own risk"
Not possible means "USCIS does not allow it. Period."
Thanks,
Jayant
"It is not possible for you to be her derivative as well as your own primary, and vice versa. It would require the filing of 2 I-485s and this causes nothing but confusion on the part of the USCIS. You have 2 choices. You could pick a case that you are going to proceed under, most likely the one with the earliest priority date, so long as there is confidence that the I-140 will be approved. Or, you can hedge your bets by each filing as your own primary because if one of the cases falls into a problem, the person can switch to be a derivative, but could run into a problem if there were not current priority dates at the time. But, so long as your both remain in H-1B status, and not use EAD/AP, that is minimized"
Murthy's words are not so clear. Other posts have her quoting "it's not recommended to file two I-485s", whereas here she says "It is not possible for you to be her derivative as well as your own primary, and vice versa.".
Not recommended means "USCIS allows it or there is no clear memo from them so try at your own risk"
Not possible means "USCIS does not allow it. Period."
Thanks,
Jayant
more...
Das73
05-09 11:57 AM
You should be able to file I-140 after your LC got cleared.
EB-3's visa dates are at '08-MAY-01', so you can not file I-485 until visa dates move to SEP 01[You don't need to wait for the Visa dates to current].
May be your lawyer is busy & thinking about some other case. Remind him about your priority date !
================================================== ======
Hi
My PD is sept 2001. India. I would like to know if i can file I140 and I485 concurently? My attorney says I can. Only thing they will not do anything with 485 until the visa numbers become current. Is this true?
Any help in answering my question is appreciated.
Thanks in advance.
================================================== ======
EB-3's visa dates are at '08-MAY-01', so you can not file I-485 until visa dates move to SEP 01[You don't need to wait for the Visa dates to current].
May be your lawyer is busy & thinking about some other case. Remind him about your priority date !
================================================== ======
Hi
My PD is sept 2001. India. I would like to know if i can file I140 and I485 concurently? My attorney says I can. Only thing they will not do anything with 485 until the visa numbers become current. Is this true?
Any help in answering my question is appreciated.
Thanks in advance.
================================================== ======
waiting4gc02
05-15 09:53 AM
Guys:
Based on the June Bulletin, I will be filing my I485 in June.
Now, I have H1-B(with my current company till Feb'2010 that I just got approved a month back.(not stamped in passport yet)
-- Should I file EAD for myself ( I probably would want to change jobs after 180 days) ? Or is it better to be on H1-B.
-- Should I file AP for both myself and my wife(she is on H4) ?
Also, when I decide to change jobs using AC21 rule, is it better to tranfer
H1-B to a new company or if I have EAD, how does that work ?
Any inputs will be greatly appreciated..!!
Thanks
Based on the June Bulletin, I will be filing my I485 in June.
Now, I have H1-B(with my current company till Feb'2010 that I just got approved a month back.(not stamped in passport yet)
-- Should I file EAD for myself ( I probably would want to change jobs after 180 days) ? Or is it better to be on H1-B.
-- Should I file AP for both myself and my wife(she is on H4) ?
Also, when I decide to change jobs using AC21 rule, is it better to tranfer
H1-B to a new company or if I have EAD, how does that work ?
Any inputs will be greatly appreciated..!!
Thanks
more...
nitinba
06-29 07:45 PM
seems like, now its 98% final and to me its 100% final that I have missed the bus, though I bought tickets for the bus and bus company is refusing to payback the ticket money to me
2010 in the Casey Anthony trial
katrina
05-10 02:49 PM
My wife is on F1 visa and I am hoping the dates will move soon and we will be able to file 485. I would like to know if
>she can file 485 by being in F1 ?
If you are under H1b and she is applying for 485 together with you then answer is yes she can.
>Once she files being in F1, can she still continue to be on F1 and travel in and out of US on F1?
No because F1 is for non immigrant as F1 you show that you have no intention to move to US but once your file your I-485 you show an intention to move and stay in US therefore F1 is no longer valid.
>What will be her status when she starts using EAD if she filed being in F1?
Once she filed 485 she will be waiting for her status to be Permanent resident.
her F1 is no longer valid. She can work using her EAD but if I485 got reject she will be automatically out of status and has to go out from US.
I'm not a lawyer what I've told and writte has to be confirm with your attorney.
Also Please see below answer by Attorney Murthy:
Hello. My wife is studying on F-1 visa and I filed I-485 for her. (I have a valid H1B.) Can we now change from AOS to CP? Will this in any way affect her status or mine?
Attorney Murthy : A person on F-1 is no longer considered on F-1 status once she files the I-485 papers, unlike the person on an H1B who is legally allowed to maintain both statuses. So, if a person who only had F-1 status switches to CP, then the spouse has to switch to H-4 status in the U.S. immediately. Otherwise, she is considered out of status in the U.S. if the USCIS agrees to cancel the I-485 and convert the case to CP.
>she can file 485 by being in F1 ?
If you are under H1b and she is applying for 485 together with you then answer is yes she can.
>Once she files being in F1, can she still continue to be on F1 and travel in and out of US on F1?
No because F1 is for non immigrant as F1 you show that you have no intention to move to US but once your file your I-485 you show an intention to move and stay in US therefore F1 is no longer valid.
>What will be her status when she starts using EAD if she filed being in F1?
Once she filed 485 she will be waiting for her status to be Permanent resident.
her F1 is no longer valid. She can work using her EAD but if I485 got reject she will be automatically out of status and has to go out from US.
I'm not a lawyer what I've told and writte has to be confirm with your attorney.
Also Please see below answer by Attorney Murthy:
Hello. My wife is studying on F-1 visa and I filed I-485 for her. (I have a valid H1B.) Can we now change from AOS to CP? Will this in any way affect her status or mine?
Attorney Murthy : A person on F-1 is no longer considered on F-1 status once she files the I-485 papers, unlike the person on an H1B who is legally allowed to maintain both statuses. So, if a person who only had F-1 status switches to CP, then the spouse has to switch to H-4 status in the U.S. immediately. Otherwise, she is considered out of status in the U.S. if the USCIS agrees to cancel the I-485 and convert the case to CP.
more...
Hassan11
05-24 12:57 PM
Do I have to file I-485 though a lawyer or can I do it myself. I have an old I-485 form that my lawyer filled out and he sent me a copy of but he never filed it to immigration. Can I update that old form he gave me and file an updated I-485 myself without a lawyer??
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gc_maine2
01-05 09:39 AM
All,
Its good to see some of the Very active members of s-1932 again in this site.
This site looks very good, I followed the S1932 thread in immigration.com very closely, but was disappointed after its defeat inspite all the guys aggressive enthu and hardwork. As most people i too feel that we failed because of lack of Lobbying. If everyone can contribute for noble cause that will be great. I have a small suggestion I am not sure whether it sounds right to everyone or not, but in order to start collecting the funds i would suggest that Moderator open a new thread/link about the contributions so that members who are joining eveyday in this forum will get the momentum to contribute. It would be good if it has name(Registered name), amount and date and the sum collected so far. This is just my suggestion if it sounds illogic please disregard.
Thanks
Its good to see some of the Very active members of s-1932 again in this site.
This site looks very good, I followed the S1932 thread in immigration.com very closely, but was disappointed after its defeat inspite all the guys aggressive enthu and hardwork. As most people i too feel that we failed because of lack of Lobbying. If everyone can contribute for noble cause that will be great. I have a small suggestion I am not sure whether it sounds right to everyone or not, but in order to start collecting the funds i would suggest that Moderator open a new thread/link about the contributions so that members who are joining eveyday in this forum will get the momentum to contribute. It would be good if it has name(Registered name), amount and date and the sum collected so far. This is just my suggestion if it sounds illogic please disregard.
Thanks
more...
gc_vbin
04-05 03:57 PM
The comments in this update kind of seem contradictory to me. It says that there might be possibility for greater advancement than earlier thought... and then they talk about moving it back.
Whatever it is..I don't know why they are creating so much publicity about this bulletin. Does it mean they are going to advance the dates by a couple of years??? If it was for a few months why would they create so much hype about this?
Is that mean they are going to move the PDs much further and again move back during the end of the year!!
So isn't this implying that the PDs will advance very very further than the available visa numbers!!!!!!!!!!
.
Whatever it is..I don't know why they are creating so much publicity about this bulletin. Does it mean they are going to advance the dates by a couple of years??? If it was for a few months why would they create so much hype about this?
Is that mean they are going to move the PDs much further and again move back during the end of the year!!
So isn't this implying that the PDs will advance very very further than the available visa numbers!!!!!!!!!!
.
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cougar123
01-18 09:05 AM
Date interviewed: 8th Jan 08
Date received E-mail: NA
Date received E-mail: NA
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bkn96
11-14 08:18 PM
I am new to forum. How to contact PD_reacpturing?
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whitecollarslave
03-25 03:05 PM
Just talked to a recruiter from a software giant.
She specifically wanted to know if I was on EAD and if yes, unfortunately they cannot hire EADs during the fourth quarter (now) due to hiring budget limitations that are typical during the fourth quarter.
Q: Why does budget come in to picture here?
A: Because policy requires the legal dept to be consulted for visa holders and EADs which means additional hiring costs plus time.
But she said once the fourth quarter passes, EAD hiring is not a problem.
Folks, we should not remain quiet about this. The regulations make it illegal for an employer to discriminate based on immigration status. We should politely and respectfully pursue the authorities regarding this matter.
I would encourage you to point out the USDOJ guidelines (posted earlier) to the "software giant" employer and also contact the OSC worker hotline.
Also, would it be wise for people to post name of the company who are known to have such policies? We got one - CapitalOne from earlier posts.
She specifically wanted to know if I was on EAD and if yes, unfortunately they cannot hire EADs during the fourth quarter (now) due to hiring budget limitations that are typical during the fourth quarter.
Q: Why does budget come in to picture here?
A: Because policy requires the legal dept to be consulted for visa holders and EADs which means additional hiring costs plus time.
But she said once the fourth quarter passes, EAD hiring is not a problem.
Folks, we should not remain quiet about this. The regulations make it illegal for an employer to discriminate based on immigration status. We should politely and respectfully pursue the authorities regarding this matter.
I would encourage you to point out the USDOJ guidelines (posted earlier) to the "software giant" employer and also contact the OSC worker hotline.
Also, would it be wise for people to post name of the company who are known to have such policies? We got one - CapitalOne from earlier posts.
more...
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widad2020
09-20 08:32 PM
I see the same. my pd is may 20.
Did anyone see any Soft LUDs on their 485 or old EADs before their approvals/RFEs?
My PD is June 7 2006, not current. Yesterday, I had a soft LUD on my 485 and my first EAD. These two haven't seen any activity since early 2009, and I'm wondering if this means anything or if I'm reading into this a little too much.
thanks,
Did anyone see any Soft LUDs on their 485 or old EADs before their approvals/RFEs?
My PD is June 7 2006, not current. Yesterday, I had a soft LUD on my 485 and my first EAD. These two haven't seen any activity since early 2009, and I'm wondering if this means anything or if I'm reading into this a little too much.
thanks,
dresses Throughout the Casey Anthony
nish
06-12 05:27 PM
Hi,
I am currently working in Skilled visa through one of MNC company.I am working for this company for last 4 years and prior to this company i worked in another small company for two years.When I join my current company i provided all the legal document like exp,last two month pay stub and releiving letter and they did BG . They did not find anything wrong with prior employer in last 4 year. recently they found something wrong about my prior employer and asking me providing additional document and unfortunately company is closed or rename. I have told my current employer that i don't have any more evidance of my prior employer.Because of this reason they are asking me to come back india.
Is there any way that i can take legal action against this company in US because from last one week
they are harrassing my like anything.
Please let me know if anyone come across in this situation.
I am currently working in Skilled visa through one of MNC company.I am working for this company for last 4 years and prior to this company i worked in another small company for two years.When I join my current company i provided all the legal document like exp,last two month pay stub and releiving letter and they did BG . They did not find anything wrong with prior employer in last 4 year. recently they found something wrong about my prior employer and asking me providing additional document and unfortunately company is closed or rename. I have told my current employer that i don't have any more evidance of my prior employer.Because of this reason they are asking me to come back india.
Is there any way that i can take legal action against this company in US because from last one week
they are harrassing my like anything.
Please let me know if anyone come across in this situation.
more...
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FUNTIMES
06-22 11:13 AM
I am in the same situation. Details Below.
Me: EB2(10/2006) Pending I-140
Wife: EB3(04/2002 SUBSTITUTION) Pending I-140
Reply from My Lawyer.
"Many people are in your scenario.
There are many ways to do this. Each one being a little more expensive then others.
What can be done:
Your wife files as primary and you secondary on her 140.
You file as primary and her secondary on your 140.
Option #2
You file alone on your 140
She files alone on her 140.
Somehow if the dates should move backwards and her 140 on labor substitution should get denied (you never know with labor sub); then for her to file on your 140 the date has to be current or she canʼt file until it becomes current.
You and her just file on her 140. Problem is if the 140 gets denied then the window of opportunity to file the 485 again may not be for a couple of years.
You and her just file on your 140. Problem is that it may take a long time for you to eventually get the greencard approved.
If you want to be safe and want to spend more money then she would file as primary on her 140 and you as dependent. Then at same time we would file you as primary on your 140 and her as dependent on your 140.
Reply from Wife's Lawyer(Murthy):
"It is not possible for you to be her derivative as well as your own primary, and vice versa. It would require the filing of 2 I-485s and this causes nothing but confusion on the part of the USCIS. You have 2 choices. You could pick a case that you are going to proceed under, most likely the one with the earliest priority date, so long as there is confidence that the I-140 will be approved. Or, you can hedge your bets by each filing as your own primary because if one of the cases falls into a problem, the person can switch to be a derivative, but could run into a problem if there were not current priority dates at the time. But, so long as your both remain in H-1B status, and not use EAD/AP, that is minimized"
Me: EB2(10/2006) Pending I-140
Wife: EB3(04/2002 SUBSTITUTION) Pending I-140
Reply from My Lawyer.
"Many people are in your scenario.
There are many ways to do this. Each one being a little more expensive then others.
What can be done:
Your wife files as primary and you secondary on her 140.
You file as primary and her secondary on your 140.
Option #2
You file alone on your 140
She files alone on her 140.
Somehow if the dates should move backwards and her 140 on labor substitution should get denied (you never know with labor sub); then for her to file on your 140 the date has to be current or she canʼt file until it becomes current.
You and her just file on her 140. Problem is if the 140 gets denied then the window of opportunity to file the 485 again may not be for a couple of years.
You and her just file on your 140. Problem is that it may take a long time for you to eventually get the greencard approved.
If you want to be safe and want to spend more money then she would file as primary on her 140 and you as dependent. Then at same time we would file you as primary on your 140 and her as dependent on your 140.
Reply from Wife's Lawyer(Murthy):
"It is not possible for you to be her derivative as well as your own primary, and vice versa. It would require the filing of 2 I-485s and this causes nothing but confusion on the part of the USCIS. You have 2 choices. You could pick a case that you are going to proceed under, most likely the one with the earliest priority date, so long as there is confidence that the I-140 will be approved. Or, you can hedge your bets by each filing as your own primary because if one of the cases falls into a problem, the person can switch to be a derivative, but could run into a problem if there were not current priority dates at the time. But, so long as your both remain in H-1B status, and not use EAD/AP, that is minimized"
girlfriend of Casey Anthony, 25,
nkalpana
02-04 06:07 AM
L1 Blanket visa, from the a very reputed company, Jan 16th interview, visa was approved (i.e. no 221g), no information from Consulate, no idea as to what is delaying the stamping.
Hope it comes in tomorrow!
Regards,
NK
Hope it comes in tomorrow!
Regards,
NK
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suriajay12
03-12 07:33 PM
Sri,, well written.. I am sending this to change.gov now. Its better you create a new thread else many will miss this letter on page 10. Any updates must mention that the letter is in page 10.
pyrosleepy
06-21 02:53 PM
I got fired last April. I had my I-140 approved. Employer HR told me will not withdraw I-140 but cannot give me employer letter. How should I proceed with filing I-485? Please help.
Thanks
Thanks
spdy_mn
06-29 04:49 PM
They probably got overwhelmed by applications in June.
Thanks,
Jayant
And they realized it just today. :(
Thanks,
Jayant
And they realized it just today. :(
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