Queen Josephine
May 23rd, 2005, 07:38 PM
Bob, Exmoor I'm saving for a vacation trip (considering it would take me a day to just get there!)
Now Red Rock, well, I can do that in a day! (Actually, I have been there before and I can tell you those rocks are enormous)
Now Red Rock, well, I can do that in a day! (Actually, I have been there before and I can tell you those rocks are enormous)
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go_guy123
01-20 11:32 AM
(1) Would CHC will vote yes on health care without any coverage for illegal and since CIR may not happen
(2) If CIR fails why would CHC supports us in piecemeal..
to me if no CIR then no piecemeal..
Answer to 2)
CHC only wants amnesty for illegals. They don't care about skilled immigration.
They hold the SKIL etc hostage to CIR. But CIR is impossible.
CHC will never support on piecemeal. But as Democratic party loses power , CHC power also reduces.
Moreover the CIR coalition also weakens with failures.
(2) If CIR fails why would CHC supports us in piecemeal..
to me if no CIR then no piecemeal..
Answer to 2)
CHC only wants amnesty for illegals. They don't care about skilled immigration.
They hold the SKIL etc hostage to CIR. But CIR is impossible.
CHC will never support on piecemeal. But as Democratic party loses power , CHC power also reduces.
Moreover the CIR coalition also weakens with failures.
LostInGCProcess
09-18 04:24 PM
my I-140 is pending for than 600 days as well in addition to my pending I-485.
while using EAD with my current GC applying employer(lets say not
getting paid as in this economy its hard to find corp to corp jobs), can I
work another job full time using EAD?
It would be risky to move to another company before your I-140 is approved.
If you start using your EAD, you no longer will be in H status. You would be in AOS pending status.
while using EAD with my current GC applying employer(lets say not
getting paid as in this economy its hard to find corp to corp jobs), can I
work another job full time using EAD?
It would be risky to move to another company before your I-140 is approved.
If you start using your EAD, you no longer will be in H status. You would be in AOS pending status.
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wizpal
02-24 01:01 AM
I am ready to attend the state chapter and local law makers..
more...
desidas
01-22 11:24 AM
Thank you JAPS19 - This Helps - Thank you.
I dont have H1B for the new company, just employment letter and pay stubs.
Can you please advise why you were sent to downtown? for what verification?
Which airport was your port of entry?
I dont have a lawyer anymore as I got laid off from the sponsoring company and working on a new company with EAD.
I dont have H1B for the new company, just employment letter and pay stubs.
Can you please advise why you were sent to downtown? for what verification?
Which airport was your port of entry?
I dont have a lawyer anymore as I got laid off from the sponsoring company and working on a new company with EAD.
langagadu
06-12 05:56 PM
Paaji msingh, Try contacting Manmohan Singh.
Hi,
While in the process of filing for labor certification my company has found 2 suitable citizens who are eligible for the job.
Now what are my options going forward and how does this affect my chances of a successful PERM filing ??
I'm filing in EB3 category right now. Also I need to file for labor before oct since my H1 will expire its original 6 year length next Oct (Oct 2010).
Hi,
While in the process of filing for labor certification my company has found 2 suitable citizens who are eligible for the job.
Now what are my options going forward and how does this affect my chances of a successful PERM filing ??
I'm filing in EB3 category right now. Also I need to file for labor before oct since my H1 will expire its original 6 year length next Oct (Oct 2010).
more...
gc_aspirant_prasad
06-22 05:19 PM
Maybe he should volunteer for a pay cut of 30%. ONLY 30%. See, its trivial little teeny weeny 30%. Its nothing. You wont even feel it. How about that director?
:-) Super! May be you can get him to donate that 30% to IV instead of a pay cut.
:-) Super! May be you can get him to donate that 30% to IV instead of a pay cut.
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immi_seeker
07-14 01:19 PM
Hopefully so..Thanks
You have PD as Nov 2005, EB2.
Now the VB is on 2006.
They must have known atleast a month back.
They issued just 3 months extension
All matching perfectly and result will be good one for you....
You have PD as Nov 2005, EB2.
Now the VB is on 2006.
They must have known atleast a month back.
They issued just 3 months extension
All matching perfectly and result will be good one for you....
more...
hiralal
09-30 10:11 PM
Before you get all mushy about AILA and start bashing USCIS take deep look and see if AILA is really acting as a friend or a adversary in friends disguise?
atleast they are doing something. I have not recd a RFE but I can understand the tension that a family undergoes because of RFE ..I don't understand your problems with AILA though ?? less RFE's mean less lawyers fees and it is high time that someone talks about the unprofessional USCIS
atleast they are doing something. I have not recd a RFE but I can understand the tension that a family undergoes because of RFE ..I don't understand your problems with AILA though ?? less RFE's mean less lawyers fees and it is high time that someone talks about the unprofessional USCIS
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logiclife
07-07 02:17 PM
My lawyer only asked for last one year's W2 and no paystubs at all.
Paystubs are desired but I dont think USCIS bother to look at them if you send them. If you have some issues with your status and your I-94, then that might raise more questions and they may ask for more W2 and more paystubs.
But for the begining, just one W2 is enough. If you are filing this year, send the 2006 W2. That's it.
Paystubs are desired but I dont think USCIS bother to look at them if you send them. If you have some issues with your status and your I-94, then that might raise more questions and they may ask for more W2 and more paystubs.
But for the begining, just one W2 is enough. If you are filing this year, send the 2006 W2. That's it.
more...
obviously
08-04 11:45 AM
Thanks for the 2 quick responses... albeit, opposite in recommendation :)
1. No need to file new I-485
- Has anyone done this?
- Any risks that we should think about?
2. File new I-485
- Has anyone done this?
- Apart from the additional cost and document preparation time, is there any other downside?
Funny thing is before this happened, I ran into a lot of threads suggesting interfiling was easy. Now that it is at the doorstep, there are quite a few questions and some confusion. I am thinking of getting a 20 min appt with the M law firm.
Appreciate any responses or assistance!!!!
Cheers!
I found the following info from Ron G's website, not sure that most of it applies in this case... since both I-140 have been approved and the later one under EB2 does reference the EB3 priority date.
When an I-140 is approved, your priority date is perfected. If the labor substitution I-140 has been approved, then you own that priority date forever. If you have to file the new I-140 before the old one is approved, you can later show the CIS the two priority dates (from the petition approval notices) and pick the better preference category and earlier priority date - even though they may be from different petitions. In this case, "later" means after the I-140 with the earlier priority date is approved. All you need to do is write to the CIS and enclose copies of the relevant approval notices and the I-485 receipt notice. What you should do is make sure that they consolidate both I-140 petitions into the same file. You don't need to file a new I-485, all you need to do in interfile your second I-140.
You should make a copy of the approval notice for the first I-140, a copy of the receipt notice for the second I-140, and the write a letter to the CIS, asking them to give your second I-140 the priority date established by the first. You can cite the regulatory authority found HERE. (Refer text below) Send it to the correspondence address shown in the lower left portion of the receipt notice.
You can upgrade your preference classification while staying with the same employer, but you will need a new job. Attempting to use the same job with different minimum qualifications will call into question the legitimacy of the original labor certification. If the second I-140 is denied, it will have no effect on the first. There shouldn't be any difficulty porting in an LC substitution situation.
The CIS regulations at 8 CFR 204.5(e) provides for the retention of a previously established priority date under the circumstances described below:
(e) Retention of section 203(b)(1), (2), or (3) priority date. --
A petition approved on behalf of an alien under sections 203(b)(1), (2), or (3) of the Act accords the alien the priority date of the approved petition for any subsequently filed petition for any classification under sections 203(b)(1), (2), or (3) of the Act for which the alien may qualify. In the event that the alien is the beneficiary of multiple petitions under sections 203(b)(1), (2), or (3) of the Act, the alien shall be entitled to the earliest priority date. A petition revoked under sections 204(e) or 205 of the Act will not confer a priority date, nor will any priority date be established as a result of a denied petition. A priority date is not transferable to another alien.
1. No need to file new I-485
- Has anyone done this?
- Any risks that we should think about?
2. File new I-485
- Has anyone done this?
- Apart from the additional cost and document preparation time, is there any other downside?
Funny thing is before this happened, I ran into a lot of threads suggesting interfiling was easy. Now that it is at the doorstep, there are quite a few questions and some confusion. I am thinking of getting a 20 min appt with the M law firm.
Appreciate any responses or assistance!!!!
Cheers!
I found the following info from Ron G's website, not sure that most of it applies in this case... since both I-140 have been approved and the later one under EB2 does reference the EB3 priority date.
When an I-140 is approved, your priority date is perfected. If the labor substitution I-140 has been approved, then you own that priority date forever. If you have to file the new I-140 before the old one is approved, you can later show the CIS the two priority dates (from the petition approval notices) and pick the better preference category and earlier priority date - even though they may be from different petitions. In this case, "later" means after the I-140 with the earlier priority date is approved. All you need to do is write to the CIS and enclose copies of the relevant approval notices and the I-485 receipt notice. What you should do is make sure that they consolidate both I-140 petitions into the same file. You don't need to file a new I-485, all you need to do in interfile your second I-140.
You should make a copy of the approval notice for the first I-140, a copy of the receipt notice for the second I-140, and the write a letter to the CIS, asking them to give your second I-140 the priority date established by the first. You can cite the regulatory authority found HERE. (Refer text below) Send it to the correspondence address shown in the lower left portion of the receipt notice.
You can upgrade your preference classification while staying with the same employer, but you will need a new job. Attempting to use the same job with different minimum qualifications will call into question the legitimacy of the original labor certification. If the second I-140 is denied, it will have no effect on the first. There shouldn't be any difficulty porting in an LC substitution situation.
The CIS regulations at 8 CFR 204.5(e) provides for the retention of a previously established priority date under the circumstances described below:
(e) Retention of section 203(b)(1), (2), or (3) priority date. --
A petition approved on behalf of an alien under sections 203(b)(1), (2), or (3) of the Act accords the alien the priority date of the approved petition for any subsequently filed petition for any classification under sections 203(b)(1), (2), or (3) of the Act for which the alien may qualify. In the event that the alien is the beneficiary of multiple petitions under sections 203(b)(1), (2), or (3) of the Act, the alien shall be entitled to the earliest priority date. A petition revoked under sections 204(e) or 205 of the Act will not confer a priority date, nor will any priority date be established as a result of a denied petition. A priority date is not transferable to another alien.
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arihant
10-26 11:52 AM
I got approval of H1 extension applied on Aug. 06...
Was this premium or regular processing?
Was this premium or regular processing?
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sreenivas11
11-16 10:39 AM
Nov' 07 Processing times are not posted yet
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akkakarla
08-17 06:53 PM
One thing that stands out from US vs Europe(UK included) is that it is very difficult to blend into the main stream. Especially in UK where it is divided into Zones. These zones say that you belong to that community and that race.
Secondly, the number of IT jobs are comparatively less in UK and Europe and some places you need to know the language ex. Working with SAP AG or in SAP AG you need to know Deutsche otherwise you feel you are lost.
Thirdly, there is difference in the way the Operations are done, Process and procedures followed.
As the proverb goes The other side of the wall is always green. We cannot say UK is good or Germany is good unless we experienced. And also just one person becomes successful everyone cannot. One thing I can say for sure If anyone has MBA from top notch schools they can go to the top of the ladder easily in London Financial Industries.
Einen sch�nen Tag noch!
Secondly, the number of IT jobs are comparatively less in UK and Europe and some places you need to know the language ex. Working with SAP AG or in SAP AG you need to know Deutsche otherwise you feel you are lost.
Thirdly, there is difference in the way the Operations are done, Process and procedures followed.
As the proverb goes The other side of the wall is always green. We cannot say UK is good or Germany is good unless we experienced. And also just one person becomes successful everyone cannot. One thing I can say for sure If anyone has MBA from top notch schools they can go to the top of the ladder easily in London Financial Industries.
Einen sch�nen Tag noch!
more...
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samsu
03-22 08:31 AM
Hi,
My Situation is very similar to above mentioned and I would appreciate if someone can give comments.
My I-485 was filed during July'07 and I-140 was approved during the same time but I was on H1 until Feb'10 working for employer directly and lost my job. I have found new job now starting March 15 but I am not going to transfer H1 and started working on EAD. I am not sure about filling AC21 as it might create unnecessary confusion and I don't want to miss out in case my date become current (Nov'06) due to spill over.
Now, I have to travel internationally for work and will be using first time my AP but not sure how to answer question on my employer without filling AC21.
I can bring AC21 memo and show them paycheck from last employer and new employer (with little more than one month gap in between) but not sure if that is enough. Let me know your suggestion.
Also, my old employer will most likely not revoke 140.
Thanks,
Sam
My Situation is very similar to above mentioned and I would appreciate if someone can give comments.
My I-485 was filed during July'07 and I-140 was approved during the same time but I was on H1 until Feb'10 working for employer directly and lost my job. I have found new job now starting March 15 but I am not going to transfer H1 and started working on EAD. I am not sure about filling AC21 as it might create unnecessary confusion and I don't want to miss out in case my date become current (Nov'06) due to spill over.
Now, I have to travel internationally for work and will be using first time my AP but not sure how to answer question on my employer without filling AC21.
I can bring AC21 memo and show them paycheck from last employer and new employer (with little more than one month gap in between) but not sure if that is enough. Let me know your suggestion.
Also, my old employer will most likely not revoke 140.
Thanks,
Sam
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santb1975
02-14 06:08 PM
Are we??
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basav
08-04 07:58 PM
Hi, thanks
Point 2 looks doable..
Point 1 also make sense if I apply for premium COS for self with future date say 6 weeks from now as effetive date for H1, after i come to know it is approved in 2 weeks time I will get my family here on L2 before effective H1 date and then apply for there COS thru regular after they are here, my last question here is is it possible to apply premium COS specifying future date as effective to start working on H1
Point 2 looks doable..
Point 1 also make sense if I apply for premium COS for self with future date say 6 weeks from now as effetive date for H1, after i come to know it is approved in 2 weeks time I will get my family here on L2 before effective H1 date and then apply for there COS thru regular after they are here, my last question here is is it possible to apply premium COS specifying future date as effective to start working on H1
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hoolahoous
03-18 10:51 AM
i am switching job using ac21. my current employer trusts immigration attorneys. and as expected attorneys suggested (since they get paid) that company should withdraws both H1 and I-140 after I leave. I know I am safe, however USCIS will definitly send me an RFE at time of processing my application and I will have to answer that. So I am trying to put my side to them saying that if it is optional, they should not.
So my question is, does the Law say that an employer has to withdraw all (or some) immigration petitions after employee leaves ? I was trying to search but I couldn't find anywhere where it said that it is mandated.
Also as far I could tell from forum posts, there is no set form which needs to be filled by employeers to withdraw the application. That would seem to suggest that it is not mandated.
On flip side, if it is mandated, then why most of the employers do not withdraw the application ?
So my question is, does the Law say that an employer has to withdraw all (or some) immigration petitions after employee leaves ? I was trying to search but I couldn't find anywhere where it said that it is mandated.
Also as far I could tell from forum posts, there is no set form which needs to be filled by employeers to withdraw the application. That would seem to suggest that it is not mandated.
On flip side, if it is mandated, then why most of the employers do not withdraw the application ?
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Ramba
03-15 11:18 AM
Filing 485 during visa unavailability, should not be the concern in this bill. Why our people are worrying about filing AOS when visa number unavailable? Man, this should not be our concern at all. Our main concern should be reinstating the AC21 provision that allow the oversubscribed countries to use excess visas in each EB category. Specter removed very important provision that eliminate per country limit in EB visas for oversubscribed countries. This is a big blow to India, China. It will stop all the benefits from this bill.
If the current form of specter bill passes, there is no benefit to any of us. If EB visa increased to 290K, excluding dependents from counting from FY 2001, recapturing unused visa from 2001 to 2005, and excluding EB1 (OR+EA) and EB2 (MS+3) from count, that drastically increase the visa numbers. The increase is unimaginable, and I feel that it will be about 4 to 5 times than current 140K numbers. If all the listed provisions appears in the final bill, the visa number will always be �current� for all countries for many years, provided AC21 (elimination of per country limit if demand is less than supply) reinstated. If this happens, no one needs to worry about filing AOS when visa number unavailable. That situation never arises.
If current form of Specter bill passes, all the new numbers created thro above listed provisions, will not give any benefit to India/China. DOS simply say per country limit is 10% only no matter what. Remember that, 10% is total of FB+EB numbers. (480000+290000). India and China FB numbers are also heavily backlogged. Therefore our main concern is to reinstate AC21 provision not filing AOS, and keep pressure to keep the listed provisions (EB visa increased to 290K, excluding dependents from counting from FY 2001, recapturing unused visa from 2001 to 2005, and excluding EB1 (OR+EA) and EB2 (MS+3)) in the final bill
If the current form of specter bill passes, there is no benefit to any of us. If EB visa increased to 290K, excluding dependents from counting from FY 2001, recapturing unused visa from 2001 to 2005, and excluding EB1 (OR+EA) and EB2 (MS+3) from count, that drastically increase the visa numbers. The increase is unimaginable, and I feel that it will be about 4 to 5 times than current 140K numbers. If all the listed provisions appears in the final bill, the visa number will always be �current� for all countries for many years, provided AC21 (elimination of per country limit if demand is less than supply) reinstated. If this happens, no one needs to worry about filing AOS when visa number unavailable. That situation never arises.
If current form of Specter bill passes, all the new numbers created thro above listed provisions, will not give any benefit to India/China. DOS simply say per country limit is 10% only no matter what. Remember that, 10% is total of FB+EB numbers. (480000+290000). India and China FB numbers are also heavily backlogged. Therefore our main concern is to reinstate AC21 provision not filing AOS, and keep pressure to keep the listed provisions (EB visa increased to 290K, excluding dependents from counting from FY 2001, recapturing unused visa from 2001 to 2005, and excluding EB1 (OR+EA) and EB2 (MS+3)) in the final bill
gapala
07-09 12:33 PM
is'nt an Advanced parol document a re-entry permit ???
USCIS has different meening for Re-entry permit and Advance parole. Infact the eligibility criteria is different for both. Look at I-131 Instructions. Its very clearly specified there.
Hope this helps.
1. Re-entry Permit - A reentry permit allows a permanent resident or conditional resident to apply for admission to the United States upon returning from abroad during the permit's validity, without having to obtain a returning resident visa from a U.S. Embassy or consulate
2. Refugee Travel Document - A refugee travel document is issued to a person classified as a refugee or asylee, or to a permanent resident who obtained such status as a result of being a refugee or asylee in the United States. Persons who hold aslyee or refugee status, and are not permanent residents, must have a refugee travel document to return to the United States after temporary travel abroad.
3. Advance Parole Document - An advance parole document is issued solely to authorize the temporary parole of a person into the United States.
The document may be accepted by a transportation company in lieu of a visa as an authorization for the holder to travel to the United States. An advance parole document is not issued to serve in place of any required passport.
Advance parole is an extraordinary measure used sparingly to bring an otherwise inadmissible alien to the United States for a temporary period of time due to a compelling emergency. Advance parole cannot be used to circumvent the normal visa issuing procedures and is not a means to bypass delays in visa issuance.
NOTE: If you are in the United States and wish to travel abroad, you do not need to apply for advance parole if both conditions described below in A and B are met:
B. A Form I-485, Application to Register Permanent Residence or Adjust Status, was filed on your behalf and is pending with USCIS.
However, upon returning to the United States, you must present your valid H, L, K, or V nonimmigrant visa and continue to remain eligible for that status.
USCIS has different meening for Re-entry permit and Advance parole. Infact the eligibility criteria is different for both. Look at I-131 Instructions. Its very clearly specified there.
Hope this helps.
1. Re-entry Permit - A reentry permit allows a permanent resident or conditional resident to apply for admission to the United States upon returning from abroad during the permit's validity, without having to obtain a returning resident visa from a U.S. Embassy or consulate
2. Refugee Travel Document - A refugee travel document is issued to a person classified as a refugee or asylee, or to a permanent resident who obtained such status as a result of being a refugee or asylee in the United States. Persons who hold aslyee or refugee status, and are not permanent residents, must have a refugee travel document to return to the United States after temporary travel abroad.
3. Advance Parole Document - An advance parole document is issued solely to authorize the temporary parole of a person into the United States.
The document may be accepted by a transportation company in lieu of a visa as an authorization for the holder to travel to the United States. An advance parole document is not issued to serve in place of any required passport.
Advance parole is an extraordinary measure used sparingly to bring an otherwise inadmissible alien to the United States for a temporary period of time due to a compelling emergency. Advance parole cannot be used to circumvent the normal visa issuing procedures and is not a means to bypass delays in visa issuance.
NOTE: If you are in the United States and wish to travel abroad, you do not need to apply for advance parole if both conditions described below in A and B are met:
B. A Form I-485, Application to Register Permanent Residence or Adjust Status, was filed on your behalf and is pending with USCIS.
However, upon returning to the United States, you must present your valid H, L, K, or V nonimmigrant visa and continue to remain eligible for that status.
murali77
07-16 02:03 PM
Thanks. If I read this correctly, it means that everyone is eligible to apply for 485.
How can you say that ? Please explain
Murali
How can you say that ? Please explain
Murali
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