greencard_fever
06-25 06:09 PM
Hi All,
First of all Congrats! to all people who are eligible to file 485 in july..
i have strage problem..i am not weather its a problem or not..i have filed my GC in 2004 December and you all know that after that the BEC process came in every thing went to BEC's..and i had no hope on that file and i asked my employer to process my GC under PERM process in 2006 april and i got the Labor and I-140 approved in 6 months...and mean while i got the 2004 labor approved in Feb 2007 and asked my employer which one will be the best and he recommended me apply for I-140 for 2004 labor and wait untill the dates become current and he was expecting the 2004 will become current...so we have applied for I-140 for 2004 labor on May 1st 2007 and the status is pending...now my questios is..
1) Is there is any problem if i use the 2004 labor and apply for I-485.
2) When attorney file for I-140 did they mention any where in that forms that i do not have any immigration petiton has been submited before?
3) If they mention no (miss communication) and applied for I-140 for 2004 labor but in fact there is a petition (I-140) submited for me for my 2006 labor.will this be a problem for my 485 approval?
4) which one will be the best for me to use now 2004 or 2006?
5) I spoke to my attorney on this and he said as long as you have not filed for 485 for 2006 labor then there is no harm.But i am concernet about that if my attorney (2004 labor) mentioned that i have not submited any immigartion petition when he filed for I-140,which is not correct since i have appled for I-140 for 2006 labor will that be a problem for my I-485 process?
you help on this is greately appreciated
Thanks in advance!
First of all Congrats! to all people who are eligible to file 485 in july..
i have strage problem..i am not weather its a problem or not..i have filed my GC in 2004 December and you all know that after that the BEC process came in every thing went to BEC's..and i had no hope on that file and i asked my employer to process my GC under PERM process in 2006 april and i got the Labor and I-140 approved in 6 months...and mean while i got the 2004 labor approved in Feb 2007 and asked my employer which one will be the best and he recommended me apply for I-140 for 2004 labor and wait untill the dates become current and he was expecting the 2004 will become current...so we have applied for I-140 for 2004 labor on May 1st 2007 and the status is pending...now my questios is..
1) Is there is any problem if i use the 2004 labor and apply for I-485.
2) When attorney file for I-140 did they mention any where in that forms that i do not have any immigration petiton has been submited before?
3) If they mention no (miss communication) and applied for I-140 for 2004 labor but in fact there is a petition (I-140) submited for me for my 2006 labor.will this be a problem for my 485 approval?
4) which one will be the best for me to use now 2004 or 2006?
5) I spoke to my attorney on this and he said as long as you have not filed for 485 for 2006 labor then there is no harm.But i am concernet about that if my attorney (2004 labor) mentioned that i have not submited any immigartion petition when he filed for I-140,which is not correct since i have appled for I-140 for 2006 labor will that be a problem for my I-485 process?
you help on this is greately appreciated
Thanks in advance!
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toronto1999
08-12 11:56 AM
I can't find, can you give a link? Thanks!
Ann Ruben
06-30 07:29 PM
An H-1 would give you more flexibilty to change employers once you are here. However, the earliest that you could begin work here in H-1 status would be Oct. 1st of this year. With an L-1, you could presumably come right away. If an L-1A is possible, that could pave the way for a significantly easier and faster route to a green card.
Also, it is possible that in the not too distant future Congress could pass legislation to allow same sex spouses to confer derivative immigration benefits on each other. Check out the website: www.immigration equality.org
Also, it is possible that in the not too distant future Congress could pass legislation to allow same sex spouses to confer derivative immigration benefits on each other. Check out the website: www.immigration equality.org
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gc_check
03-14 03:39 PM
I am planning to use AC21 by joining a company on this March month end , I asked new company to process H1, and its in progress.
In APRIL Visa Billiton my PD is current, as I have PD of JUNE 2001( EB2), my RD - JUNE 29, 2007 .at this stage if I change company what is the impact on my GC approval. Should I wait for some more time to join the new company?
Your advices are appreciated
Applying AC21 will trigger the IO to update the case, and if all is fine, in some case, the case could be approved, though not at all time, You can try your luck, In July when all cases were current happened to a colleague with PD2004, the case was approved in a week after mailing AC21. Check with an Attorney.
In APRIL Visa Billiton my PD is current, as I have PD of JUNE 2001( EB2), my RD - JUNE 29, 2007 .at this stage if I change company what is the impact on my GC approval. Should I wait for some more time to join the new company?
Your advices are appreciated
Applying AC21 will trigger the IO to update the case, and if all is fine, in some case, the case could be approved, though not at all time, You can try your luck, In July when all cases were current happened to a colleague with PD2004, the case was approved in a week after mailing AC21. Check with an Attorney.
more...
bowbow
08-12 10:54 AM
I got GC under EB2, I'm planning to start my own business. is there any risk factors if i leave my employer right after getting GC and change the Field of intrest?
thanks
thanks
dreamworld
06-21 01:41 PM
There is 180 days rule for h1b without pay and also it is employers responsibility to pay when you are out of project. Also think about option of switching her back to h4.
Looks like you need a clear advise on this. Please consult with an attorney.
Looks like you need a clear advise on this. Please consult with an attorney.
more...
sanjeev_2004
06-16 10:09 PM
Use I-134 instead which is used for EB petitions.
Thanks for reply. could you tell me how to notaries it. or atorney will do it.
Thanks.
Thanks for reply. could you tell me how to notaries it. or atorney will do it.
Thanks.
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chanduv23
07-09 09:01 AM
Talk to IV core and see if we can come up with a common template, we can prepare web fax ......
more...
Blog Feeds
03-03 11:40 AM
Immigration Visa Attorney Blog Has Just Posted the Following:
When the Senate advanced the job-creation bill last week, employers were given the signal that hiring tax incentives are on the horizon. Perhaps in a nod to the Administration's No. 1 priority of creating jobs for unemployed Americans, the USCIS has just announced a forum on the EB-5 immigrant investor program. In the last year, and as recently as December 2009 (http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=facb83453d4a3210VgnVCM100000b92ca60aRCR D&vgnextchannel=facb83453d4a3210VgnVCM100000b92ca60a RCRD), the USCIS issued updated guidance on I-526 and I-829 filings (http://www.uscis.gov/files/nativedocuments/eb5_17jun09.pdf) so that USCIS adjudications could make decisions with clarity and consistency, allowing investors to make job creation through the EB-5 program a reality soon as possible. These are all indications that this is the time for foreign investors to again bring private enterprise to our great nation.
The upcoming USCIS EB-5 forum is only open to attorneys representing these so-called "million dollar investors." Fong & Chun attorneys will be in attendance and ready to present concerns facing our clients as well as potential issues for those investors considering the EB-5 program.
It is true that the EB-5 investors greencard process is often called "hypertechnical," and has in the past been plagued by administrative delay and inconsistent treatment. But I believe that the view of recent USCIS' actions, the agency is acknowledging just how critical the EB-5 investors program is to our nation's economic recovery. For each EB-5 investment, 10 full-time jobs must be created, and that means 10 more working Americans. Call Fong & Chun, LLP if you would like to discuss how you can start investing in America. ---ecf
More... (http://www.immigrationvisaattorneyblog.com/2010/03/job-creation-options-for-forei.html)
When the Senate advanced the job-creation bill last week, employers were given the signal that hiring tax incentives are on the horizon. Perhaps in a nod to the Administration's No. 1 priority of creating jobs for unemployed Americans, the USCIS has just announced a forum on the EB-5 immigrant investor program. In the last year, and as recently as December 2009 (http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=facb83453d4a3210VgnVCM100000b92ca60aRCR D&vgnextchannel=facb83453d4a3210VgnVCM100000b92ca60a RCRD), the USCIS issued updated guidance on I-526 and I-829 filings (http://www.uscis.gov/files/nativedocuments/eb5_17jun09.pdf) so that USCIS adjudications could make decisions with clarity and consistency, allowing investors to make job creation through the EB-5 program a reality soon as possible. These are all indications that this is the time for foreign investors to again bring private enterprise to our great nation.
The upcoming USCIS EB-5 forum is only open to attorneys representing these so-called "million dollar investors." Fong & Chun attorneys will be in attendance and ready to present concerns facing our clients as well as potential issues for those investors considering the EB-5 program.
It is true that the EB-5 investors greencard process is often called "hypertechnical," and has in the past been plagued by administrative delay and inconsistent treatment. But I believe that the view of recent USCIS' actions, the agency is acknowledging just how critical the EB-5 investors program is to our nation's economic recovery. For each EB-5 investment, 10 full-time jobs must be created, and that means 10 more working Americans. Call Fong & Chun, LLP if you would like to discuss how you can start investing in America. ---ecf
More... (http://www.immigrationvisaattorneyblog.com/2010/03/job-creation-options-for-forei.html)
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KanME
07-19 03:00 AM
I have already sent my 485 application
1-140 cleared
In the field I94# and expiration I entered I 94 number which is on the white card on the passport and it is the same as the number on my renewed h1 papers.However I entered expiry date from the i94 on the passport,which is oct06 instead of the 010 date in the renewal.
will that be a problem..? CAN I CORRECT IT AFTER I get the reciept no or will thay be able to verify with the latest h1 paper that i94 is valid
1-140 cleared
In the field I94# and expiration I entered I 94 number which is on the white card on the passport and it is the same as the number on my renewed h1 papers.However I entered expiry date from the i94 on the passport,which is oct06 instead of the 010 date in the renewal.
will that be a problem..? CAN I CORRECT IT AFTER I get the reciept no or will thay be able to verify with the latest h1 paper that i94 is valid
more...
gsmc98
08-03 07:07 PM
after you recieve the EAD card you have to apply for SSN at your local SSN office.the time period to recieve SSN is different in different states.i guess the minimum time is 15 business days. please correct me if I am wrong.
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bhartigorkar
07-26 11:43 AM
I am not the art student.Just using online resources i was trying to build my skills.May be this is reflecting in my work now.So i have decided to quit from this competition.I am taking back all of my entries.
Thanks
Bharti
Thanks
Bharti
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snathan
07-24 05:21 PM
My current company's CEO is retiring and the other partners are forming a new company. The current company will continue as a corporation and in the new corporation the current CEO will have 10% share. The new co will start with the current client base, employees, equipment, web site and use the current company's name as a DBA.
I am on H1-B visa with the current company and in the process for Permanent Residency with my I-140 approved and awaiting for the Priority Date to become current .
If the current company terminated me and i got re-hired with the new co.. what would i need to do for my H1-B visa and the Green card process. Please advice ASAP.
Thanks
If its a new company, you need to do H1B transfer and start the GC from PERM. If the I-140 is not revoked, you can retain the PD.
I am on H1-B visa with the current company and in the process for Permanent Residency with my I-140 approved and awaiting for the Priority Date to become current .
If the current company terminated me and i got re-hired with the new co.. what would i need to do for my H1-B visa and the Green card process. Please advice ASAP.
Thanks
If its a new company, you need to do H1B transfer and start the GC from PERM. If the I-140 is not revoked, you can retain the PD.
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kiran24
05-18 04:45 PM
My mother came for a 6 months visit on December 10th of 2010. But she left in April of 2011 (April 9th 2011), two months short of her 6 month's stay. Can she come again in August 2011 for a six month's stay, and stay till Feb 2012? Or will she have to return in 2 months? (return by October 2011)
My mother has 10 year multiple entry visa.
I heard that a visitor can stay only 6 months in a year, is it true?
If yes, is the calendar year counted from January to december?
Thanks in advance!
My mother has 10 year multiple entry visa.
I heard that a visitor can stay only 6 months in a year, is it true?
If yes, is the calendar year counted from January to december?
Thanks in advance!
more...
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gc_buddy
06-06 12:30 AM
It appears like USCIS is finally reviewing the option of issuing Multi-Year EAD's..
Please see Memo release from USCIS
Source :
http://www.immigration-law.com/
1.
Question: During a recent meeting, USCIS stated that it hoped this summer to introduce multi-year EADs for I-485 applicants whose cases were backlogged. Please provide more information about the types of applicants that would be eligible for such EADs?
2.
Response: A proposal is currently under review by USCIS program offices to issue a multi-year employment authorization document to those applicants affected by visa retrogression. If this proposal is adopted, it will apply to adjustment of status applicants.
3.
Question: Please explain what USCIS means in this context by the term �backlogged� � does it refer only to cases pending more than a certain number of months where applicants are filing for renewal EADs?
Response: USCIS is considering issuing multi-year EADs to those applicants affected by visa retrogression. Further information will be provided once a final decision is made.
4.
Question: Will I-485 applicants receive an initial EAD that is valid for more than one year? Does this apply to all I-485 applicants (family-based and employment-based)?
Response: Further information will be provided once a final decision is made
Please see Memo release from USCIS
Source :
http://www.immigration-law.com/
1.
Question: During a recent meeting, USCIS stated that it hoped this summer to introduce multi-year EADs for I-485 applicants whose cases were backlogged. Please provide more information about the types of applicants that would be eligible for such EADs?
2.
Response: A proposal is currently under review by USCIS program offices to issue a multi-year employment authorization document to those applicants affected by visa retrogression. If this proposal is adopted, it will apply to adjustment of status applicants.
3.
Question: Please explain what USCIS means in this context by the term �backlogged� � does it refer only to cases pending more than a certain number of months where applicants are filing for renewal EADs?
Response: USCIS is considering issuing multi-year EADs to those applicants affected by visa retrogression. Further information will be provided once a final decision is made.
4.
Question: Will I-485 applicants receive an initial EAD that is valid for more than one year? Does this apply to all I-485 applicants (family-based and employment-based)?
Response: Further information will be provided once a final decision is made
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GC_ki_daud
07-11 04:05 PM
Please Gurus Help here :confused:
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Naruto
11-30 10:33 PM
anyone?
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waitin_toolong
10-14 03:53 PM
there were some cases that were 'approved' in June/July but the approvals are being mailed now.
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PDOCT05
10-16 12:37 PM
Gurus Need Help.
We filed for I-485 on july 3rd..and got receipt numbers after calling USCIS for 3 of us.Yesterday we got receipt notices for me and my wife..but for my son we haven't received the notice when i checked the status online..it says case is rejected and here is the text message from the online..,
"On October 10, 2007, we determined that this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS was not properly filed, rejected it, and mailed it back to you with all supporting materials along with a notice describing the reasons the case was rejected. The notice will also describe what will need to be done to properly submit the case"
Is any one with the similar situation? Please help what could be the reason??
and how long it will take to receive the rejected notice?
any info will be great help...,
Thanks,
We filed for I-485 on july 3rd..and got receipt numbers after calling USCIS for 3 of us.Yesterday we got receipt notices for me and my wife..but for my son we haven't received the notice when i checked the status online..it says case is rejected and here is the text message from the online..,
"On October 10, 2007, we determined that this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS was not properly filed, rejected it, and mailed it back to you with all supporting materials along with a notice describing the reasons the case was rejected. The notice will also describe what will need to be done to properly submit the case"
Is any one with the similar situation? Please help what could be the reason??
and how long it will take to receive the rejected notice?
any info will be great help...,
Thanks,
sounakc
03-22 09:41 AM
thanks guys...
mallu
10-14 02:28 PM
It is mentioned by many that PD should be current at the time of GC approval. Is that right?
I know people from India who got their GC approved when their PD is not current.
One can check this easily in looking for I-485 approvals to people from India who submitted their applications concurrently in EB2 category after say april 2004. Disregard the cases which got approved in July 2007. Still there are many cases remaining invalidating the 'rule'!
The strict rule is that one's PD needs to be current for approval. But if there aren't earlier PDs available for approval ( say stuck in namecheck ) and if USCIS doesn't want to visa numbers for a year to be wasted , then one can get approved even if PD is not current.
I know people from India who got their GC approved when their PD is not current.
One can check this easily in looking for I-485 approvals to people from India who submitted their applications concurrently in EB2 category after say april 2004. Disregard the cases which got approved in July 2007. Still there are many cases remaining invalidating the 'rule'!
The strict rule is that one's PD needs to be current for approval. But if there aren't earlier PDs available for approval ( say stuck in namecheck ) and if USCIS doesn't want to visa numbers for a year to be wasted , then one can get approved even if PD is not current.
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