Wednesday, June 8, 2011

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  • rajenk
    01-16 09:00 PM
    Thanks Raj for your reply.

    - Can I file (EB2) I-140 amendment and ask USCIS for transferring EB3 PD to EB2 by providing EB3 I-140 receipt?

    - Can I file my 485 with pending answer on I-140 amendment?

    1. Yes you can certainly do that too.

    2. If your PD would be current by the EB2 PD port, yes you can file I-485 along with the amendment request.




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  • shana04
    05-18 05:42 PM
    C'mon, the clue is in your RFE. It's from day of entry (this means last entry) to the filing of I-485. Previous entries do not matter for I-485.

    Was her I-94 still valid at the time she filed I-485? If yes, then you should be ok.

    Day of first entry not the day of last entry.

    But you have gave me a valid point.

    I am working with an attorney and would let you know the progress. It might be helpful for at least few.




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  • smakur
    07-16 05:24 PM
    Some of my friends did this. A common example is if you work in company A and your spouse works in Company B. Since you typicaly go through the company's lawyers and you do not know who is going to file when, it is generally a good idea to list one spouse a dependant of the other. So you get he earliest receipt date possible.

    If USCIS receives both the applications, it will return the second application as a duplicate. I don't kow if they keep the money though

    However, if the same lawyer is preparing both your applications, then there is nothing to gain. So you should just file your own 485s (why risk losing the filing fee) or file one 485 (earlier PD with the spouse listed as a dependant).




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  • gcpain
    07-24 04:42 PM
    Thanks for clarification.



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  • eb_retrogession
    01-09 09:56 AM
    The past couple days, I've had this very strange experience. Several of the affected people GREATLY appreciate the efforts being done by ImmigrationVoice and strongly support us (by words). This is all good encouragement. But for monetary contribution, even though the promise is made, they want to take some time to think about it.

    Now, Think about what?? If this was some kind of an ad campaign or a puppet show, I did understand. The bottomline is either we get support from affected folks and stand a chance by involving lobbyist, media etc with full force, OR we just keep busting our butts and no money comes up, and we will be where we are 2 years from now.

    There are some more folks that contributed SOME money and said they are willing to contribute again later. Fair enough. Only issue is we are running against the clock. It would be a pity if we get all the support in the world a little too late.

    My guesstimate is that there are about 350K to 400K people affected by retrogression. As of yesterday, around 50 people have come forward with monetary contribution for the cause. Even though we have done progress by collecting about $8,500, this isn't cutting it. I am hard pressed to understand why affected people prefer to just wait and pray for the best, rather than taking the bull by the horn and try your best.

    In our presentations to the lawmakers, we say, EB workers add so much value to the economy and have so much to contribute to this country. How about contributing something for ourselves for once? then maybe you'll have a chance to do the aforementioned contributions!!

    I hope people don't regret not helping when the window was atleast slightly open, after it has been shut on their faces. Come May/June, election activities take precedence, don't expect anything to happen second half of this year.

    I hope EVERYONE on here understands the importance and significance of acting RIGHT NOW.

    I, for one, can sleep well at night, thinking that I did all I can.

    contribute at www.immigrationVoice.org




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  • alex77
    10-11 01:39 PM
    If you have not used EAD then your H1B is still valid and so spouse's H4 should be valid too. If you have used EAD then your H1B is not valid and in that case, your stay becomes illegal too.

    If spouse uses EAD for employment, what I heard is that the H4 status is no more valid.

    In this case for any reason, if the 485 is cancelled, spouse will be out of status.

    Primary can transfer h1b (if possible) & still be legal, but spouse is illegal to stay any more. There is no legal provision that once on EAD, spouse can switch back to H4. Is this true? I am worried and don't know whats really true.

    Gurus Please guide.:confused:



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  • Ann Ruben
    07-22 09:33 AM
    If the I-140 has been approved, you are entitled to use the PD on any subsequent I-140 unless it is revoked based on fraud or misrepresentation.
    The best document to have is a copy of the I-140 approval notice. You are legally entitled to have a copy of this document, and can obtain it by making a Freedom of Information Act (FOIA) request to USCIS using Form G-639. USCIS provides detailed instructions at: USCIS - Freedom of Information and Privacy Act (FOIA) (http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextchannel=34139c7755cb9010VgnVCM10000045f3d6a 1RCRD&vgnextoid=34139c7755cb9010VgnVCM10000045f3d6a1RCRD )
    In my experience, it can take anywhere from 2 months to 18 months for USCIS to act on a FOIA request and provide copies.

    Hope this helps.




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  • ItIsNotFunny
    09-22 03:21 PM
    Just gave you green

    Thanks buddy keep calling



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  • kiru_99
    10-30 05:03 PM
    Thanks for the reply. Atlast I could talk to my lawyer and the reason given by him is while sending the I485 application for my wife they sent the 1 & 3rd page of the application & missed the 2nd & 4th pages while taking xerox copies. He said he will try to resend it but not not sure whether tehy will accept. He took even 1000$ more from me for fast service.
    For his mistake I have to pay the price.

    I don't know what to do now..




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  • gvenkat
    02-25 05:15 PM
    with the level of competence and intelligence shown by the USCIS.. u think they will care if some one changes jobs.. i dont think so.. desparate times need desparate measures and we should not be worried about these non-sense at all



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  • pcs
    01-01 08:46 AM
    Thanks for the info but my question is about multiple I-485 filing...

    Is is legally possible to do that ? If one could do that, will it create I-485 processing complicated ?

    Thanks




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  • supers789
    06-19 09:04 PM
    I have EB2 i-140 approved with PD Dec. 05. I am planning to change the employer.. was just waiting to see if CIR gonna help.. but looks like its not. If I change job now, I will have to do labor, i140 once again!! might be able to maintain PD. .. my question is... I believe that in Octo. 06, new quota for GC will be available. What are the guesses that the PD will become current (at least for Eb2 India) in Octo 06?? Some educated guesses are highly appreciated.



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  • Green.Tech
    07-24 03:12 PM
    As per my attorney, there is no validity requirement for the passport, just that it should be valid at the time of AOS application. So, the OP should be ok. But like others said, do apply for a new passport as soon as possible.




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  • DSLStart
    10-08 04:57 PM
    Best part of Indian EPF scheme you can withdraw 100% if you quit job or if you are in transition. So no retirement age restriction if somone wants money ;)

    In US the nice thing about SSA is unemployment and disability security.
    But 10 years is a long time to wait on a temporary visa to get your social security back.. There were some discussions to reduce this to 3 years but that talk is dead now.

    In India, the best part is 100% compulsory employer contribution. But
    Indian PF sucks with rising inflation and lack of accountability.

    And we all know how the employers would "Package" their "contribution".

    This latest development will sting Indian origin GC holders and US citizens who go back to work in India and MNC employees working abroad.



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  • Junky
    09-22 03:27 PM
    Some loser gave me red with the following message.
    Don't keep posting same message.

    Let me tell you A**H***, when ppl like you do not call I have to post same message again & again & again....
    So do your part & call.




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  • Mount Soche
    03-31 10:06 AM
    I think your only option would be to get your AP sent to you in Canada if you will not be able to get your H1 from the Embassy. The visa is what allows you to get in and out of the U.S and they cannot let you back in if you don't have the stamp.

    Good luck


    I came to Montreal to have my H1 stamping done and am stuck here since 3/18. They told me they want to search the company and will call me back with in 10 days but no response yet.

    Pls. ensure you have all valid documents before you get here but you can not go back with expired visa.

    Do you have AP? If yes bring with you. I did't have mine so I am stuck.

    I had got my H1 in Toronto also in 2005 without any problem this time I am stuck.

    Are you a landed immigrant of Canada? I am but till having this problem.

    Can I come back to US without H1 being stamped on my passport? What other options do I have.
    Any suggestions.

    Ramesh



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  • venkatosizolon
    03-28 11:46 PM
    I was in between projects when they didnt pay but this time they are not paying when I am on project. shoud I make difference when I will complain?




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  • nogc12
    08-03 06:08 PM
    I dont think the three year extension has anything to do with 485. If your 140 is approved you get 3 years if there is no visa number is available for you. No need to be U.




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  • paskal
    05-30 08:46 PM
    ramus

    how do i know whether the webfax i sent went only to my state or to all senators with the new method? when did the system change?




    morchu
    05-31 07:24 PM
    Search for "six-month rule", in "trave.state.gov"
    If you tell me which country passport you hold, I could tell whether you are exempt from this 6-month-rule or not.
    And yes, I mean official requirement for "entry".

    How you think H1B documentation will act as a proof of "permanent residence" intention?

    Thanks for your reply Morchu. I want to have some further clarification here:




    milind70
    11-13 08:58 PM
    Hi Guys,

    My previous employer has withheld my salary without any reaon..even though i gave app notice, abided with policies and had no bond or anything.

    He is not paying my final paycheck since quite a few months and when i call earlier he used to say he will pay but now started like dont call me i will give when i have time......

    If i complain to DOL wether i have to fill WH4 or state DOL wahe and Hour form...and would this processs has any effect on GC processing when i start or any repuircussions...as for proof of non payment of salary i have all timesshetss, refernce letters and His mails also

    Please Sugest

    I do not believe that this complaint will have any effect on your GC processing.Neither positive nor negative.



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