mmk123
04-18 08:04 PM
we filed online I539 for extension of status and sent documents today. Should be all set even if opening air-space takes few more days. It's simple for this kind of a case..
thanks!
thanks!
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logiclife
02-19 11:42 AM
I have been thinking about choosing between EB3 and EB2. I hold a Masters degree from US and have 2 yrs of experience. I am wondering whether to go in EB3 (which is very simple and easy to get with no scrutiny - SURE TO GET APPROVED) and wait for a very long time in the queue OR go for EB2 (which is more difficult and have to pass through all the scrutiny from I-140) and then wait, whose waiting time might be lesser than EB3's
Which one is best to do ? Your suggestions please.
This is a wrong conventional belief. It has been far too many times written about and has now become conventional wisdom, that EB2 or EB1 is determined by the qualification of the employee.
That is only 1 of the 2 things needed to get a case approved under EB2. The other requirement is that the job description and the position must require a person of EB2 qualifications. The position being filled by MS plus 2 years, or BS plus 5 years should be the kind of position that cannot be filled by a lesser qualified employee.
So basically, you can be a Ph.D. from Harvard university with 10 years experience. But if your Greencard is filed for a job that requires someone with BS plus 2 years experience and can be filled by an EB3 candidate, then your case cannot be approved as EB2 even though your qualifications can make you fit for EB2.
Now about the priority dates. See EB2 is right now ahead of EB3. However, the continuation of that is totally dependent on many factors.
1. Future laws. What if EB2 percentages decrease?
2. EB1 spillover. How many EB1s are unused and spill over into EB2.
3. Your chargability, (country of birth), is ofcourse important. India and China EB2 may not be moving ahead this year AT ALL unless there is change in quota.
4. The future applicants for EB2. We dont know about the labor files in backlog centers and how many of those are EB2 and how many are EB3. Of that, how much more crowded would be EB2 or EB3.
It is IMPOSSIBLE to predict which one would be better off. Impossible.
Which one is best to do ? Your suggestions please.
This is a wrong conventional belief. It has been far too many times written about and has now become conventional wisdom, that EB2 or EB1 is determined by the qualification of the employee.
That is only 1 of the 2 things needed to get a case approved under EB2. The other requirement is that the job description and the position must require a person of EB2 qualifications. The position being filled by MS plus 2 years, or BS plus 5 years should be the kind of position that cannot be filled by a lesser qualified employee.
So basically, you can be a Ph.D. from Harvard university with 10 years experience. But if your Greencard is filed for a job that requires someone with BS plus 2 years experience and can be filled by an EB3 candidate, then your case cannot be approved as EB2 even though your qualifications can make you fit for EB2.
Now about the priority dates. See EB2 is right now ahead of EB3. However, the continuation of that is totally dependent on many factors.
1. Future laws. What if EB2 percentages decrease?
2. EB1 spillover. How many EB1s are unused and spill over into EB2.
3. Your chargability, (country of birth), is ofcourse important. India and China EB2 may not be moving ahead this year AT ALL unless there is change in quota.
4. The future applicants for EB2. We dont know about the labor files in backlog centers and how many of those are EB2 and how many are EB3. Of that, how much more crowded would be EB2 or EB3.
It is IMPOSSIBLE to predict which one would be better off. Impossible.
Cheran
04-08 02:16 PM
There is a correlation between election year and immigration. But if that works out, lets say they make the priority date current, it does not matter whether you filled in 2005 or 2007. Now, we are assuming that they will make the date current. You never know, they might bring some weird rule, which take the priority date as a criteria. So what I am saying is, its your call. If I were in your position, I would wait atleast until we get some answers about the new initiatives....
Hi all,
One of my relatives who has been here in United States for last 10 years keep on telling me that there is a co-relation between Expedition of Green Card process and election year.
I am planning to switch my job as I am having a great offer, but he kept on telling me that in the past, he has noticed great expedition of green card process during the election years. He advises me against switching the job at this point. My PD is Jan 2005.
Please let me know, if any of you agree with him.
Hi all,
One of my relatives who has been here in United States for last 10 years keep on telling me that there is a co-relation between Expedition of Green Card process and election year.
I am planning to switch my job as I am having a great offer, but he kept on telling me that in the past, he has noticed great expedition of green card process during the election years. He advises me against switching the job at this point. My PD is Jan 2005.
Please let me know, if any of you agree with him.
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iamakshay
05-28 03:06 PM
Hi,
I have applied for Canadian PR (AINP) and would like to know after getting canadian PR,will it possible for H4 and H1 person to work for Canada based company by staying in US or not?
I think I am not impacting US labor or anything. I will be working for Canadian company from US. I will be getting Salary / Tax deduction in Canada.
Thanks,
Akshay
I have applied for Canadian PR (AINP) and would like to know after getting canadian PR,will it possible for H4 and H1 person to work for Canada based company by staying in US or not?
I think I am not impacting US labor or anything. I will be working for Canadian company from US. I will be getting Salary / Tax deduction in Canada.
Thanks,
Akshay
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pmamp
12-21 10:51 AM
hi All,
I am on AP/EAD and need to Transit thru Paris in February. I have a confirmed return ticket and my visas have expired. I am currently in India.I called VFS and they told me that I do not need a transit visa however when I emailed them they responded by saying check with your Airline. I am trying to email the consulate in Mumbai but keep getting bounce backs.
However I found links on the Atlanta and Washigton consulates that say that I need a visa.
http://www.consulfrance-atlanta.org/article.php3?id_article=827
http://www.consulfrance-washington.org/article.php3?id_article=383
Has anyone returned to the US recently on a Advance Parole and expired Visa? and did you need a Transit visa? It would be great if you can tell when you returned. Immigrationvoice seems to be the only place where I could possibly get some real answers.
Apologizes if this thread is under the wrong category
Thanks
Radhika
As far as I know, transit visa is required in case you do not have a valid visa/ citizenship for the departure country. So, if your visa has expired on passport but have visa approval/ or other documents to support AND you are traveling from US to India via France then you would need France airport transit visa.
However, in your case, since you are Indian citizen (I assume) and traveling to US via France you do not need a airport transit visa.
The logic behind this weird rule is that in case you are stuck in France for some reason and they want you to go home (deport) then you should have valid visa/ citizenship to the country you came from.
Otherwise, none of us (Indians or other nationals) would need a transit visa to Europe going from US - India as we have Indian passport.
Hope this helps. As you know you can always check with airlines/ consulate to make sure you are good to go.
~ happy travel
I am on AP/EAD and need to Transit thru Paris in February. I have a confirmed return ticket and my visas have expired. I am currently in India.I called VFS and they told me that I do not need a transit visa however when I emailed them they responded by saying check with your Airline. I am trying to email the consulate in Mumbai but keep getting bounce backs.
However I found links on the Atlanta and Washigton consulates that say that I need a visa.
http://www.consulfrance-atlanta.org/article.php3?id_article=827
http://www.consulfrance-washington.org/article.php3?id_article=383
Has anyone returned to the US recently on a Advance Parole and expired Visa? and did you need a Transit visa? It would be great if you can tell when you returned. Immigrationvoice seems to be the only place where I could possibly get some real answers.
Apologizes if this thread is under the wrong category
Thanks
Radhika
As far as I know, transit visa is required in case you do not have a valid visa/ citizenship for the departure country. So, if your visa has expired on passport but have visa approval/ or other documents to support AND you are traveling from US to India via France then you would need France airport transit visa.
However, in your case, since you are Indian citizen (I assume) and traveling to US via France you do not need a airport transit visa.
The logic behind this weird rule is that in case you are stuck in France for some reason and they want you to go home (deport) then you should have valid visa/ citizenship to the country you came from.
Otherwise, none of us (Indians or other nationals) would need a transit visa to Europe going from US - India as we have Indian passport.
Hope this helps. As you know you can always check with airlines/ consulate to make sure you are good to go.
~ happy travel
kamakya
05-14 09:48 AM
Urbana in Frederick county. The schools there are the best and lots of Indians and property tax is pretty low compared to other places.
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sangmami
08-16 10:56 AM
i dont see any of the above said...:o..how lond does it take for us to receive rn in hand after the checks are cashed...I am starting to worry now.If everybody can see the rn why icant i!:o...The uscis cs is not telling the status...Is there a possiblity of appl rejection even after the checks are cleared.:confused::confused:
Thanks.
Thanks.
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centaur
04-13 03:51 PM
What bill is that? Do you have the bill nimber?
Iam curious to know if IV is supporting Hagel's bill which will not only increase H1Bs but also has good EB provisions.
It might not be a bad idea to have some interim relief instead of focussing on gigantic CIR .
Iam curious to know if IV is supporting Hagel's bill which will not only increase H1Bs but also has good EB provisions.
It might not be a bad idea to have some interim relief instead of focussing on gigantic CIR .
more...
uimv
03-13 09:13 AM
I am not sure why you are switching from valid H1B to EAD and while still working for the GC sponsoring employer.
However Employer DOES have to inform (and request cancellation) to USCIS about H1B employee no longer working for them on H1B visa. Its the law.
Again not sure why you are moving from H1B to EAD when H1B is still valid?
Thanks. It is employer decision.
I know of cases where, H1b was not cancelled.
Can you please give link to USCIS site stating the rule ?
ALL: Please share your experience in this area.
However Employer DOES have to inform (and request cancellation) to USCIS about H1B employee no longer working for them on H1B visa. Its the law.
Again not sure why you are moving from H1B to EAD when H1B is still valid?
Thanks. It is employer decision.
I know of cases where, H1b was not cancelled.
Can you please give link to USCIS site stating the rule ?
ALL: Please share your experience in this area.
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mn1975
07-16 12:40 PM
I think the best way is to bring her back, because its Preferable to go to the same doctor
were you had done intial exams
Moreover to the best of my knowledge this cannot be done in india
I had to call my wife back for the same reason in May
hope this helps
were you had done intial exams
Moreover to the best of my knowledge this cannot be done in india
I had to call my wife back for the same reason in May
hope this helps
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kaisersose
09-17 12:17 PM
Same situation here. As per my lawyer (good lawyer can be trusted but could be ill informed) If my wife doesn't join the employer there is no status change. No need to file any reinstatement from H4 to H1. And I have reconfirmed this a couple of times now.
If you hear anything different from a legit source please do let me know.
Other relevant details in my case is that my wife's ead/ap application was filed on 2nd July. and She is under Adjustment of Status (485) as a derivative. On a second thought, I am not sure if this is the same case as yours.
I am pretty sure your lawyer is wrong. Many lawyers assume the same rule of H-1 to H-1 transfer applies everywhere which is not the case. A change of status is not the same as H-1 to H-1.
A H-4 to H-1 will take effect on October 1st. The surest way to not let this happen is if she has a valid H-4 visa stamp. She can get out of the country on Sep 30 and return back on Oct 02 as H-4.
The other alternative is to apply for a H-1 to H-4 status change and wait it out. This status change is not effective until approval which can take a while. Meanwhile she will be on H-1 without pay which is not good.
There may be a third choice where the employer cancels the H-1b as she does not intend to join. Then she is in 485 status from October 1st and can apply for a h-4 extension. But this option has to be confirmed by a $450-for-15-mins attorney. If this works, this is the simplest and cheapest option (minus the attorney fee)
If you hear anything different from a legit source please do let me know.
Other relevant details in my case is that my wife's ead/ap application was filed on 2nd July. and She is under Adjustment of Status (485) as a derivative. On a second thought, I am not sure if this is the same case as yours.
I am pretty sure your lawyer is wrong. Many lawyers assume the same rule of H-1 to H-1 transfer applies everywhere which is not the case. A change of status is not the same as H-1 to H-1.
A H-4 to H-1 will take effect on October 1st. The surest way to not let this happen is if she has a valid H-4 visa stamp. She can get out of the country on Sep 30 and return back on Oct 02 as H-4.
The other alternative is to apply for a H-1 to H-4 status change and wait it out. This status change is not effective until approval which can take a while. Meanwhile she will be on H-1 without pay which is not good.
There may be a third choice where the employer cancels the H-1b as she does not intend to join. Then she is in 485 status from October 1st and can apply for a h-4 extension. But this option has to be confirmed by a $450-for-15-mins attorney. If this works, this is the simplest and cheapest option (minus the attorney fee)
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apt29
11-23 02:11 PM
Checkout this form. You can request duplicate approval. http://www.uscis.gov/files/form/I-824.pdf. But probably your employer should file for it.
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Suva
01-10 12:05 PM
Visa number is allocation depending on country of birth. Country of citizenship doesn't matter. So if your country of birth is one of the retrogressed countries then you have to wait for long time to get a I-485 visa number.
EB-2, 485 and 140 submitted in June 2007 concurrently, RD and PD both are June 2007. I borrowed my husband's Swiss nationality. Now 140 approved, AP and EAD got, but NC is still pending.
Just curious: When will USCIS process my 485? According to my nationality or my husband's? If it's mine, god, I may have to wait for 4, 5 years because of the terrible VB backlog! Is it after 485, everyone no matter which nationality, the processing time should be the same. All the world line up together. Please correct me if I am wrong.
EB-2, 485 and 140 submitted in June 2007 concurrently, RD and PD both are June 2007. I borrowed my husband's Swiss nationality. Now 140 approved, AP and EAD got, but NC is still pending.
Just curious: When will USCIS process my 485? According to my nationality or my husband's? If it's mine, god, I may have to wait for 4, 5 years because of the terrible VB backlog! Is it after 485, everyone no matter which nationality, the processing time should be the same. All the world line up together. Please correct me if I am wrong.
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raj2007
06-28 01:20 PM
Why do you think it is good news? Same Senators will be there in the Senate. Do you think they will accept skil? Not only skil any major immigration bill like AGRI, DREAM act will be stalled till next election.
It seems all immigration bill are dead till nov. 2008. I donot see any bill will pass in this Senate.
It seems all immigration bill are dead till nov. 2008. I donot see any bill will pass in this Senate.
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saimrathi
07-11 02:55 PM
I'm sure there may be a lot of immigrants in CA due to the IT sector..
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Desertfox
02-06 03:52 AM
Recently I was asked by a state University to submit additional documentation to prove my legal resident status in the United States after I presented I-485 receipt notice.
My question is, which section of the immigration law explicitly says that an AOS applicant has legal resident status in the United States at the discretion of Attorney General? I have asked this question on various immigration blogs/forums, but I am yet to get an answer.
There was a recent incident mentioned in Carl Shusterman's website and a Pilipino family was detained for hours by border patrol in California near Mexico border for having expired I-94 on passport even though they had I-485 receipt notices with them. I drive on I-8 frequently, and it might help quoting from the law if I ever face a similar situation.
Thanks in advance for your comments on this.
My question is, which section of the immigration law explicitly says that an AOS applicant has legal resident status in the United States at the discretion of Attorney General? I have asked this question on various immigration blogs/forums, but I am yet to get an answer.
There was a recent incident mentioned in Carl Shusterman's website and a Pilipino family was detained for hours by border patrol in California near Mexico border for having expired I-94 on passport even though they had I-485 receipt notices with them. I drive on I-8 frequently, and it might help quoting from the law if I ever face a similar situation.
Thanks in advance for your comments on this.
more...
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never_giveup
11-05 03:13 PM
Forget about comprehensive bills. With the gridlock in Washington, and both parties trying to gain points for 2012, nothing meaningful will happen !!!!!
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mgmanoj
08-20 06:19 PM
Whats the process to do stamping in canada ? My visa has expired since Jan' 2008 - is it same like India ? Do we still get stuck with PMIS or is it okay to go on I-94 and keep the same to re-entry if any issues ?
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iamakshay
05-28 03:06 PM
Hi,
I have applied for Canadian PR (AINP) and would like to know after getting canadian PR,will it possible for H4 and H1 person to work for Canada based company by staying in US or not?
I think I am not impacting US labor or anything. I will be working for Canadian company from US. I will be getting Salary / Tax deduction in Canada.
Thanks,
Akshay
I have applied for Canadian PR (AINP) and would like to know after getting canadian PR,will it possible for H4 and H1 person to work for Canada based company by staying in US or not?
I think I am not impacting US labor or anything. I will be working for Canadian company from US. I will be getting Salary / Tax deduction in Canada.
Thanks,
Akshay
REQUIRE_GC
09-18 01:33 AM
talk to a lawyer. What you might need instead is to send an explanation that the last time you were admitted is the date stamped on your passport/I-94. The date mentioned in your I-485 is the last date of entry after a non-stamping readmit using visa revalidation etc.
I have received RFE for very similiar situation. I entered through Niagara Falls
from Canada and My Passport was NOT Stamped. I received RFE for last lawful Entry in United states.
My Attorney told me to submit all CC statement and Affidevit explaining what happened on the POST ( IO checked my Passport and not stamped that sort of ..)
I have PR from CANADA so, while going to CANADA also my passport was not stamped. We are sending the RFE response today (09/18/2008).
Would this be a big issue? or It is a routine RFE?
GURUS ANY THOUGHTS?
I have received RFE for very similiar situation. I entered through Niagara Falls
from Canada and My Passport was NOT Stamped. I received RFE for last lawful Entry in United states.
My Attorney told me to submit all CC statement and Affidevit explaining what happened on the POST ( IO checked my Passport and not stamped that sort of ..)
I have PR from CANADA so, while going to CANADA also my passport was not stamped. We are sending the RFE response today (09/18/2008).
Would this be a big issue? or It is a routine RFE?
GURUS ANY THOUGHTS?
rbms
06-21 06:12 PM
I would suggest that before you take more interest in her case, first consult with her husband and make sure it is OK with him ;) ;) You know what I mean, right?:D
Man!!!, This is not in good taste. How do you know he did not consult her husband?
Man!!!, This is not in good taste. How do you know he did not consult her husband?
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