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contact

04-27 10:14 AM

whether the incident is true or not, IV member is trying caution everybody that all should be very careful when handing over their passport to a third person. We should be fully focused when an officer examines our passport.

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ashirwadb

10-07 03:52 PM

You'd have to wait for PD to become current to add spouse.

Furthermore, if you get married before I-485 is approved, spouse may be added once PD becomes current, even though by then you have your GC.

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gccovet

11-03 08:10 AM

Sorry if this question has been answered already. I searched and could not find any related threads.

My H1B is expiring in December (6 years). My 140 is approved and 485 is pending. I have my EAD card but still working on H1B. I can get a 3 year extension for my H1b as 140 is approved.

My priority date is Feb 2007.

Is it a good idea to renew my H1B even though I already have My EAD?

If I get the H1B extension, would I need visa stamping or can I use AP travel document and still be on H1B?

TIA for the responses.

I agree with meridiani.planum. H1 is better then EAD, you maintain status incase of 485 denial etc.
Also, there is no cap on h1 extensions. A person can get 3 year extension only 1 time after 6th years on H1 being 140 pending > 1 year or approved and 485 pending .

I also would request you to spare some time and send in 4 letters in support of fight against AC21 cases getting denied.
for your reference, check out http://immigrationvoice.org/forum/showthread.php?t=22182

Thank you for your time,
GCCovet

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vinzak

04-26 04:25 PM

from what a friend told me very recently, if you've booked through lufthansa, 2 bags. But sometimes u may have booked thru another airline, in that case it maybe 1 bag.

eg. if ur going from dallas to mumbai, and flying AA to frankfurt and booked thru AA then it'll be 1 bag. but if ur flying lufthansa from dallas to frankfurt it'll be 2 bags. this is my understanding. Please don't hold me to it.

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jungalee43

09-15 03:41 PM

I received following e-mail from americasvoice a short while ago. That gives us some taste of what is coming. Remember for FAIR legal, illegals, undocumented all mean only one thing: -"ALIENS".
The mail: -

"Members of the anti-immigrant group -- the Federation for American Immigration Reform (FAIR) -- are taking Congress by storm this week.

They have been advocating for the mass deportation of 12 million people -- or for making life so miserable for these immigrants and their families that they leave on their own. They have well-documented ties to white nationalists and have been designated a hate group by the Southern Poverty Law Center.

FAIR is going door-to-door with Members of Congress this week to push their agenda of hate and intolerance.

We need your voice NOW to counter the hate!

Ask your members of Congress not to meet with FAIR:

America’s Voice | It's Time to Fight F.A.I.R. (http://americasvoiceonline.org/fightfair)

Make sure to send the letter today so your representatives get it in time, and please forward this message widely. "

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pboy

03-25 02:13 PM

I went to Chennai and Hyderabad thru Dubai in last 2 years. I felt it was really nice. No transit visa stuff. Good veggie food, lot of entertainment and good service. A bit costly compared to other airlines. On overall good experience and no regrets for higher price

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rameshvaid

05-26 11:50 AM

I showed my 485 Receipt notice as evidence and renewed my licence. You don't have to always produce EAD (then every 2 year you have to renew the licence).

If your 485 is pending for long, You can contact USCIS over phone and create service request. USCIS will send you a letter saying that your case is pending because of so and so reason. You can take that along with you, if the BMV is asking why your 485 is pending for long.

Which DMV did you go to? My wife and son's H4's are expiring on June 4th and have pending I 485 since July 2007. They are not renewing the DL's based on the pending receipt of I 485 which they claim to be too old and need a new one.. Tried contacting USCIS but could not get through.. Can you pls. let me know which DMV did you go? How old is your pending I 485 and did you have to get a letter from USCIS? If yes, then how did u reach them and if you have any phone number for them..

Pls. advise..

Best...

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desi3933

03-03 12:30 PM

Desi, Thanks for the translation, it was very helpful. However, I failed to find in this document anywhere that a PD obtained from EB application can not be ported to an FB category.

Its not even for ENTIRE employment based category either.

As mentioned in the document, porting applies ONLY for immigrant petitions (I-140) approved under EB-1, EB-2 or EB-3 classification.

PD can NOT be ported for EB-4 and EB-5 either.

__________________
Not a legal advice.

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naturopathicpt

06-29 01:46 PM

Hi Atty. Prashanthi, I signed a contract from my local Philippine recruiter who brought me here in the US. My recruiter made a hardcopy of terms and agreement and gave my employer and I a copy to sign on. The agreement inlcudes if and when I breach the contract, I have to pay all the expenses incurred by my employer to bring me here in the US (immigration fees, recruitment fees, etc.). I would just like to know if there is a law that allows recruiters to hold employees through this agreement.

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mambarg

08-05 11:44 PM

I took some time to compile the list of INDIA only EB3 and EB2 categories for past 2 years and from the trend, it is very easy to predict the Oct bulletin.
It does not need a attorney or spies. You just need to work up the numbers.
I did this only for INDIA. Any chinese can complile it for China.



MONTH EB2 EB3
Aug 05 C 01APR01
Sep 05 C U
Oct 05 01NOV99 01JAN98
Nov 05 01NOV99 01JAN98
Dec 05 01JUL00 1-Jan-99
Jan 06 01JAN01 01JUN99
Feb 06 01AUG01 01JAN00
Mar 06 01JAN02 01JAN01
Apr 06 01JUL02 01FEB01
May 06 01JAN03 01MAR01
Jun 06 01JAN03 08APR01
Jul 06 01JAN03 15APR01
Aug 06 U 01APR01
Sep 06 U 15APR01
Oct 06 15JUN02 22-Apr-01
Nov 06 01JAN03 APRIL01
Dec 06 08JAN03
Jan 07 Jan03 May01
Feb 07 Jan03 May01
Mar 07 Jan03 May01
Apr 07 Jan03 May01
May 07 Jan03 May01
Jun 07 Apr04 Jun03
Jul 07 C C
Aug 07 U U
Sep 07 Jan03 May01
Oct 07 Jan03 May01
Nov 07 Jul03 June02
Dec 07 Jul03 Jun02
Jan 08 Jan04 Jun02
Feb 08 Jan04 Jun02

Here is my analysis.

Bulletin dates moves by six months as max jump for EB2 and 1 month for EB3.
Begining of New year in Oct, they conservatively pull back the numbers so as to flush out pending apps.
Now since they have already flushed apps in June/July, in Nov they will move EB2 by six months and possibly either stop there or make it one full year by moving it by another six months.
For EB3, they like to get it stuck at mid year so Jun02.

Guys, give a thought to this trend and see if you can guess more accurately.

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sunny1000

02-27 11:59 AM

Scratch my answer below...logiclife is right...pls consult a very good immigration lawyer (like sheila Murthy, Rajiv Khanna, Matthew Oh).


Hi all

I am a green card holder. I received my green card through an application filed by a former employer, and received it in September 2004. I got married in Arpil 2006, my wife is from my home country, she had been in the US previously on an F-1 status which has since ran out. She became pregnant soon after we were married. She came up to the US last September on a B visa. She was given 6 months stay on her I-94; and had the baby here in January of 2007. Her expiration date on the I-94 is in 3 weeks and she is going to leave (with the baby) to maintain good status standing.
I filed for her (I-130) last July. Our plan at this time is for her to go to grad school, apply for a new F-1 to come back here. We are presently waiting for a decsion on the grad school application from the school she applied to.
I hope this isnt too confusing, but can anyone offer any suggestions or help with our situation? In terms of what options are out there for my wife to be here with me if things dont work out with grad school/ F-1 visa? As I mentioned I did file for her, but as I am not a citizen it will take longer. Also our newborn baby is a US citizen as she was born here.
Thank you!!

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WeShallOvercome

07-27 02:13 PM

Thanks.
I wish I should I have acted against the USCIS notice on july 2nd saying they will reject. I should have listened to Rajiv khanna website who was saying that the app should be filed even if it was sent back.
But my attorney said its no use to beat the system and I should wait till october.
I listened and kept quite for few days and later decided on July 16th that What the heck !!!. Let us submit even if it is returned and went ahead.

Every day matters as the counter is 180 days. It is like a time bomb clock.

I think now we can just mark on our calendars the 180 days which includes some months of 31 days and mark exactly the date and time and plan to celeberate it to fulliest.

When you mark your calendar, mark it for 182 days to be safe. You never know USCIS and these employers.. Keep yourself safe from all the complications that might arise if you leave on 180th or 181st day (whether first day is included or not, can I leave on 180th day or do i have to wait for 180 days to complete blah blah.. ) :)

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InTheMoment

08-04 01:34 PM

Please refer to this detailed experience on SS update after GC:

http://immigrationvoice.org/forum/showthread.php?t=20610

Also there is no need to surrender your old SS card or even show it. (maybe good to just keep it with you if asked.)

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meridiani.planum

06-02 12:13 PM

Unless I am mistaken, this was true only for non-PERM scenario if you were already employed for the firm that sponsored your GC.

In the case when your sponsoring employer is the same as the H1B employer, under PERM, you are supposed to be paid no less than 100% of the prevailing wage that is mentioned in your LC at the time the LC is filed.

Here is a posting I found from a while ago on this..

http://murthyforum.atinfopop.com/4/OpenTopic?a=tpc&s=1024039761&f=2994050912&m=1621048341

afaik it still does not matter. As long as the job is a future position, then salary can be anything. PERM made one change in LC wage requirement, and that was to make it >= 100% of the prevailing wage in that area for that position (used to be 95% earlier).

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sss9i

06-12 10:54 AM

My question is:
My I-485 is pending for more than 180 days and I have I-140 approval as well.
I am planning to change job as soon as possible but I have to give 60 days notice before I resign my Job as per our Employment terms and conditions.

If they withdraw my approval I-140 status between 60 days, what is going to happen my I-485 Status? Still is valid my I-140 and Can I use Ac 21 as per UCCIS memos.
�Do I need to send AC 21 first before opting by the New Employer?
Thank you.

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dhesha

08-29 02:46 PM

So if the date is July 2, what does it mean? Does it mean they are processing cases that are received on July 2 or those who have Notice date of July 2?
Is July 2 included or excluded?

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immi2006

10-21 11:48 PM

Husband + Wife - 1 Application

Wife - Seperate Appln. ( Will do follow to join incase by chance the first one gets stuck

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hemya

12-10 11:44 AM

any suggestions if 140 is not approved?

Filed in August 2007......doesn't look like there is much movement based on tracker!!!!

EAD in hand

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gene-O

10-20 05:27 PM

Hello! I'm on H1B, and my spouse is on H4. We received an ITIN for my spouse for our taxpaying needs. My spouse managed to get employed using the ITIN. We filed a joint tax return this year. We received a letter from SS administration saying "We cannot put these earnings on your Social Security record until the name and SSN reported agree with our records." My lawyer says: "your spouse is now barred from GC, because when she's worked for more than X amount of days she became OOS."

When the time will come for my employer to process my GC, what consequences will my spouse's unauthorised employment have on Her ability to receive a Greencard? What are the ways to rectify the situation? Appeals? Special provisions/clauses? Cost?

Thank you,

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senthil1

12-06 05:12 PM

If you are in L1 with Manager or Above category then you can file EB1. There are some more restrictions for this. Because you converted to H1B you may not eligible. Check whether you have any loophole for this. If you are in H1B you should have a PHd and job requirement should be PHd.

Of course any persons like sports, Research, arts with international level skills also eligible. Those people are very rare.


There are two ways to satisfy the requirements for an EB-1-1 immigrant visa. The first is receiving a major, internationally recognized award. Fortunately for those who haven�t won the Nobel Prize yet, the second set of standards is not as difficult to achieve.

The INS regulations (8 C.F.R. � 204.5(h)(3)) require that a petitioner fulfill at least three of the following ten standards:

1. Receipt of a lesser nationally or internationally recognized prize for achievement in your field. This could include a medical fellowship, a Fulbright award, or a Caldecott award.

2. Membership in associations in your field that require "outstanding achievement" of their members. This standard is relatively vague. Associations that are open to all members of a given profession can be considered, but associations that limit membership to only the most accomplished members of the profession are certainly more valuable.

3. Material published about you in major trade publications or other major media. The material must concern your work in the field. Publications could range from journals specific to your field, like The Journal of Otolaryngology, to major newspapers, like The New York Times. You are not limited to print; a story about you on "60 Minutes" might also fulfill this requirement.

4. Serving as a judge of others in your field either individually or on a panel. Sitting on the Nobel Prize Committee would fulfill the requirement, as would participating in the peer review process of a scientific article or acting as a member of a thesis review committee.

5. Original, scientific, scholarly, artistic, athletic, or business-related contributions of major significance in your field. This standard is wide open. Basically, the INS will base its judgment of your contribution on the letters of support that others in the field submit. So letters from recognized authorities in your field who consider your contributions original and significant will satisfy this requirement.

6. Authorship of scholarly articles in your field. This refers to articles that you wrote concerning your work rather than material written about you by others, as is the case with standard 3 above. Again, the publications can range from major trade journals to mass media. Although the regulations refer specifically to "articles," other forms of publication such as visual media should fulfill this requirement.

7. Display of your work in exhibitions or showcases. The regulations do not mention how prestigious the exhibition must be.

8. Performing a critical or leading role for organizations that have a distinguished reputation. This could be acting as curator for the Metropolitan Museum of Art or serving as an essential researcher for an important laboratory.

9. Commanding a high salary in your field. The regulation requires that your salary or remuneration be high in relation to others in the field, so a teacher need not make as much as a professional football player.

10. Commercial success in the performing arts. This can be demonstrated by box office receipts from your films or plays, sales of your record, or selling your video documentary to a network for a notable sum.

Satisfying three out of the ten criteria does not guarantee that the INS will grant you EB-1-1 classification as an alien of extraordinary ability. The INS looks for quality as well as quantity. As in so many other aspects of immigration law, comprehensive documentation of your qualifications is all important.

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Libra

12-21 10:03 AM

:D:D:D:D

First we need to contact the madam @ 10 Janpath. Without her choreography Papa singh won't dance and neither will the daughter.

( Papa Singh isn't helping us much! It would be naive to assume his daughter will help us because of who her Papa is)

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