JunRN
11-05 12:32 PM
The good thing though, if your PD becomes current and you file AOS for them, they will follow your PD and will be approved along with your case. Meaning, your wife will always be in queu with you and overtake those with later PD.
The bad thing, if you don't maintain your H1, they will be out of status unless you got them their own H1 or apply for F1.
Worse is if they have to go back to your home country and wait from there.
The bad thing, if you don't maintain your H1, they will be out of status unless you got them their own H1 or apply for F1.
Worse is if they have to go back to your home country and wait from there.
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wantgc23
04-28 06:07 PM
According to my lawyer, you can travel up until the last date on the stamp as long as you have a new 797.
Please check with your own lawyer who would be familiar with your particular case for the best advice
Please check with your own lawyer who would be familiar with your particular case for the best advice
ggc
08-16 05:43 PM
Thank you all!. In my case only issue I can see is, when my wife travelled from India to US, at the port of entry customs check, they found some meat products. And they charged fine of $300 and we paid it. They also took copy of her passport and gave a letter (name is: Department of homeland security. U.S customs and border protection. Notice of alleged violation)
It was my wife's mistake actually, she did not declared meat products in customs form.
In the interview, if IO asks my wife about any violations or criminal records, does she has to give info on that port of entry incident? Will there be any negetive effects on this?
It was my wife's mistake actually, she did not declared meat products in customs form.
In the interview, if IO asks my wife about any violations or criminal records, does she has to give info on that port of entry incident? Will there be any negetive effects on this?
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WeShallOvercome
07-24 07:26 PM
Hello,
I have an unfortunate situation. My parents names are misspelled in the Birth certificate compared to the Passport parents name page. Do we need to submit the parents names page of the passport when we submit our documents for 485 ?? Please let me know if this will be a problem and if there is a work around for this ??
Also if I have a Birth certificate (with my actual full name - dated in 2007 though), do I need to submit the affidavits ??
Thanks
You should be fine... at the most an RFE to clarify the confusion...
I have an unfortunate situation. My parents names are misspelled in the Birth certificate compared to the Passport parents name page. Do we need to submit the parents names page of the passport when we submit our documents for 485 ?? Please let me know if this will be a problem and if there is a work around for this ??
Also if I have a Birth certificate (with my actual full name - dated in 2007 though), do I need to submit the affidavits ??
Thanks
You should be fine... at the most an RFE to clarify the confusion...
more...
peer123
04-17 09:20 AM
Check the directory of occupational titles and ensure the new and old jobs have the same / very close occupational code. You can find it on the DOL website. Duties is one thing, but the code is also important.
I did check, job code is 13-1111.00. the two titles used in labor cert are principal management consultant -system analysis - this is primary
and system analysis - mentioned in related occupation
the approval job code is 13-1111.00 - the new title i am getting is system analyst.
also i just have 1 page of approval for ETA750. are there more than one pages in this application and if so I should have all the pages...
I did check, job code is 13-1111.00. the two titles used in labor cert are principal management consultant -system analysis - this is primary
and system analysis - mentioned in related occupation
the approval job code is 13-1111.00 - the new title i am getting is system analyst.
also i just have 1 page of approval for ETA750. are there more than one pages in this application and if so I should have all the pages...
augustus
05-12 02:59 PM
Well, his job responsibilities are now more than before. I am not sure if this new position requires a masters degree.
It is the same employer but just a different job. The lawyer we have is always scared. We tried to do EB 2 about 2 years ago, she filed everything but retrieved the whole process when she felt we may have an RFE.
I don't know. I am so confused.
It is the same employer but just a different job. The lawyer we have is always scared. We tried to do EB 2 about 2 years ago, she filed everything but retrieved the whole process when she felt we may have an RFE.
I don't know. I am so confused.
more...
kirupa
01-24 04:07 PM
Added those notes sage and iamthejuggler :)
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james_bond_007
05-01 07:25 PM
Since the stamped visa is valid till Sep 2009, you can travel without stamping the new visa. BUT it is extremely important that you show the approved H1B notice (I-797) at the port of entry. This will make sure your I-94 will be valid till 2011. You will have issues with H1B stamping / renewal if the I-94 dates are incorrect. One of my friend went thru the same situation and he has to correct the I-94 dates by going to a local immigration office.
more...
sw33t
06-17 06:06 PM
Let's say you setup a business entity (LLC, LLP, LP etc.). You would need to open a business bank account for the entity you incorporated. Use the business account to receive your proceeds from selling the app. You have not violated any laws as long as you don't pay yourself from running your company. Again, there are laws as to how many hours you can "volunteer" as a manager/director to run the company (bookkeeping, accounting etc.) before you end up as someone who SHOULD be paid for running the company. Keep a documentation trail if you decide to go down this path.
You would have to wait until you get your green card to pay yourself out though.
PS: I am not a lawyer.
You would have to wait until you get your green card to pay yourself out though.
PS: I am not a lawyer.
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ssbaruah@yahoo.com
04-29 09:07 PM
Thanks you very much for your reply.
I have paystub till Jan 09 . All the copanies are asking for recent paystub, but I don't have. My question is:
If any company interest to transfer my H1B, how it will work for me ?
I have paystub till Jan 09 . All the copanies are asking for recent paystub, but I don't have. My question is:
If any company interest to transfer my H1B, how it will work for me ?
more...
neerajkandhari
06-05 10:04 AM
You don't need to be working in the US while the AOS is pending. You just need to have the job when permanent residence is approved, or to have a job in the "same or similar occupational classification."
i highly appreciate your quick reply
I have recently left my job on 31 May 2009
I was with my Green card sponsoring company since i joined in 2004
Do i need to collect something from my ex employer since i have quit my job
I did not provide a letter of employment when i filled in july 2007 as my attorney said he did not want to rush the letter as he was busy filling during July 2007 friasco and would submit the same when USCIS asks for it before USCIS makes a decision in the case
I have W2 of 2008 and i will get my 1099 for 2009 at the end of the year
I will provide a offer letter from my new employer when USCIS needs it
i highly appreciate your quick reply
I have recently left my job on 31 May 2009
I was with my Green card sponsoring company since i joined in 2004
Do i need to collect something from my ex employer since i have quit my job
I did not provide a letter of employment when i filled in july 2007 as my attorney said he did not want to rush the letter as he was busy filling during July 2007 friasco and would submit the same when USCIS asks for it before USCIS makes a decision in the case
I have W2 of 2008 and i will get my 1099 for 2009 at the end of the year
I will provide a offer letter from my new employer when USCIS needs it
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gopi246
03-20 12:07 PM
I was in the same situation and was told by the SSN office person ( a very helpful guy) to re-apply and enter my address as of the SSN office address and he kept my cell number. He said he will call me as soon as the number arrives and then again when the actual card arrives. He called me on both occasions and I got my number in 2 days and the card in less than a month !
I was very grateful for the help and advice the SSN office person provided me at that time.
Thanks guys for the response. I checked with the SSN people if I can resubmit the form. They told they will not allow that. Is there a chance that the immigration people keep it pending so long. If so can I contact them?
I was very grateful for the help and advice the SSN office person provided me at that time.
Thanks guys for the response. I checked with the SSN people if I can resubmit the form. They told they will not allow that. Is there a chance that the immigration people keep it pending so long. If so can I contact them?
more...
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chaukas
04-23 12:50 AM
The I-140 processing date for EB2 Nebraska is June 2007. I have a friend with receipt dt on July 30, 2007 in EB2 whose I-140 was approved today. My I-140
was received on July 2 , 2007 and is not approved yet.
was received on July 2 , 2007 and is not approved yet.
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Tantra
08-03 11:18 PM
This just confirms the pathetic state of concern and sincerity USCIS associates to people awaiting these updates. Guess nobody bothered to even review this report before making it public. Oh, it was reviewed but in the same manner our applications are adjudicated. Go figure!
more...
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gcformeornot
12-31 02:15 PM
please vote....... be good samaritans..... you know what I mean...
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roseball
07-20 06:03 PM
Hi
I'm a July 2007 Filer, EB-3, German national. My I-485 Received Date is August 1 2007, TSC. Priority Date 7/16/2004. I called and spoke to IO at TSC and she said my case was probably still pending because my Biometrics "is not showing".
My Biometrics was done 11/5/2007 and my copy contains Biometrics Processing Stamp for 11/05/2007 (which she asked if it did). After checking on it, she said that the Fingerprints had "been done and checked". (Does this mean FBI check??). Then she said my Photo Id wasn't showing. Asked her if this was a problem, she said no, it doesn't matter yet since nothing has been approved and it won't matter till approval. When I sought clarification from her as to whether these items were holding up my application, since she seemed to indicate in the beginning that it did; she said no, everything that's needed is there and my case is just pending.
Does anyone have any insight into this???
I mean, it seemed to be a problem initially and there were a lot of uncertain sounds from her followed by being put on hold for minutes at a time while she went to check something. Sounds to me like there was some info/procedural stuff missing which was holding up my app. and she might have corrected some of it in the system or something????
Any ideas or knowledge on the process would be much-appreciated.
(I do intend to call again in the next two consecutive days or so and hope to be able to speak to different IO's to see if I get different info/responses).
PD: 07/16/2004
I -140 Approval: 02/20/2007
I-485 (July 2007) -
VSC Received Date: 08/01/2007; Notice Date: 10/09/2007
Transfer Notice to TSC: Receipt 10/9/2007; Notice Date: 10/12/2007
Biometrics: 11/05/2007
You could also take an InfoPass appointment and talk to an Immigration Officer face to face to get more clarity on your case.
I'm a July 2007 Filer, EB-3, German national. My I-485 Received Date is August 1 2007, TSC. Priority Date 7/16/2004. I called and spoke to IO at TSC and she said my case was probably still pending because my Biometrics "is not showing".
My Biometrics was done 11/5/2007 and my copy contains Biometrics Processing Stamp for 11/05/2007 (which she asked if it did). After checking on it, she said that the Fingerprints had "been done and checked". (Does this mean FBI check??). Then she said my Photo Id wasn't showing. Asked her if this was a problem, she said no, it doesn't matter yet since nothing has been approved and it won't matter till approval. When I sought clarification from her as to whether these items were holding up my application, since she seemed to indicate in the beginning that it did; she said no, everything that's needed is there and my case is just pending.
Does anyone have any insight into this???
I mean, it seemed to be a problem initially and there were a lot of uncertain sounds from her followed by being put on hold for minutes at a time while she went to check something. Sounds to me like there was some info/procedural stuff missing which was holding up my app. and she might have corrected some of it in the system or something????
Any ideas or knowledge on the process would be much-appreciated.
(I do intend to call again in the next two consecutive days or so and hope to be able to speak to different IO's to see if I get different info/responses).
PD: 07/16/2004
I -140 Approval: 02/20/2007
I-485 (July 2007) -
VSC Received Date: 08/01/2007; Notice Date: 10/09/2007
Transfer Notice to TSC: Receipt 10/9/2007; Notice Date: 10/12/2007
Biometrics: 11/05/2007
You could also take an InfoPass appointment and talk to an Immigration Officer face to face to get more clarity on your case.
more...
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Berkeleybee
02-05 09:28 PM
All,
My point in putting up that post was to make people aware that just the existence of the present PACE bill doesn't get us anywhere.
This issue will be run like a political campaign -- i.e. just like in a political campaign, the other side has a relatively rapid response team that has one job and one job only -- to shoot down, discredit points made by our side on a day to day basis. We and others will hopefully build a coalition that does the same, i.e. responds to these points in the media in a calm, rational,speedy way. We cannot ignore the other side -- that is practically suicide.
My point was not for us to start venting in this forum. Once we start coordinating activities with other groups and our lobbying firm, we can start to pass on any rational, statistics based responses that any of our members come up with.
I feel that calling people names, even the other side, doesn't help. Save that for your buddies or for a non-public forum.
best,
Berkeleybee
My point in putting up that post was to make people aware that just the existence of the present PACE bill doesn't get us anywhere.
This issue will be run like a political campaign -- i.e. just like in a political campaign, the other side has a relatively rapid response team that has one job and one job only -- to shoot down, discredit points made by our side on a day to day basis. We and others will hopefully build a coalition that does the same, i.e. responds to these points in the media in a calm, rational,speedy way. We cannot ignore the other side -- that is practically suicide.
My point was not for us to start venting in this forum. Once we start coordinating activities with other groups and our lobbying firm, we can start to pass on any rational, statistics based responses that any of our members come up with.
I feel that calling people names, even the other side, doesn't help. Save that for your buddies or for a non-public forum.
best,
Berkeleybee
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a1b2c3
07-10 07:26 PM
a1b2c3....hang in there.....Sept might bring more good news.......
Based on the bulletin, I see the bulletin is based on report from July 9......so it is likely there is more spillover and might move another 3 years...Just being hopeful.....:-)
I'm pretty sure it will. Hope you get your card soon. I got already my card but I still get tensed up when the visa bulletin is out :D. And I still haven't stopped visiting IV. I still get the retrogression night mares :-)
The writing is on the wall, as far as I see it.
When you put in sufficient years of work ex on EB3-I, change your job to the one requiring EB2 qualifications (if you have US masters it makes it even easier to justify EB2 ) and your PD will get carried forward, unchanged, to EB2 without issues.
Most EB3-I seniors (PD upto 03) would have already gotten to senior positions with the same employer, so the original job app for the EB3 labor would have been null and void in any case ;)
Going by the past trend, EB2-I PD will continue its onward march next fiscal year.
Based on the bulletin, I see the bulletin is based on report from July 9......so it is likely there is more spillover and might move another 3 years...Just being hopeful.....:-)
I'm pretty sure it will. Hope you get your card soon. I got already my card but I still get tensed up when the visa bulletin is out :D. And I still haven't stopped visiting IV. I still get the retrogression night mares :-)
The writing is on the wall, as far as I see it.
When you put in sufficient years of work ex on EB3-I, change your job to the one requiring EB2 qualifications (if you have US masters it makes it even easier to justify EB2 ) and your PD will get carried forward, unchanged, to EB2 without issues.
Most EB3-I seniors (PD upto 03) would have already gotten to senior positions with the same employer, so the original job app for the EB3 labor would have been null and void in any case ;)
Going by the past trend, EB2-I PD will continue its onward march next fiscal year.
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trueguy
08-11 11:48 AM
Bump
singhsa3
04-30 05:11 PM
All,
I am planning to write a letter to USCIS and DOS , suggesting the visa cut off dates for India. Kindly help me develop a model. I will send this letter over the weekend and also post over here.
So far I have the following rational (Of course , I will word them properly).
I have grouped applicants in the following groups
BEC, PERM ROW and PERM Non Row Countries. I then will estimate the visa usage by each categories using sources like FLCdata and DHS publications. Along the way I will make some assumption but the results should be realistic.
Facts
1. Per DOL , As of April'06 50K BEC labors were certified. Certification rates were 50% of labor processed (certified, denied or withdrawn).
Per DOL, as of Sep'07 362,000 BEC labor were processed (certified, denied or withdrawn).
2. Per DHS, total EB (2, 3, 4 and 5 only) visas issued in FY’07 were 135,479 and FY’06 was 122,121.
3. FLC data center indicates that between March’05 and Oct’05, ~6000 PERM applications were filled and certified.
4. Per FLC data, 46,340 ROW PERM applications were certified in FY’06 and 47,251 ROW applications were certified in FY’07.
Assumptions
1. Each labor application uses in 2.2 visas.
2. Based on Fact 1 and Fact 2, let us assumed that in total 180,000 BEC labors were certified between March'05 and Sep'07 by BEC.
3. Total BEC visas requirements 180,000*2.2= 396,000
4. NIW applications are negligible.
5. Retrogressed countries account for 50% of visas used.
Calculations
Scenario 1: Visa processing time is Zero
1. BEC visas used in Fy'06 : = 122,121- (46,340)x 2.2 = 20173
2. BEC visas issued in FY'07 : 135,459-(47,251+6000)x2.2=18,306
3. BEC visas remaining as on 10/01/08= 396,000-20,173-18,306= 357,521
Scenario 2: Visa processing time is one year. Note: it affects only the applications certified within the preceding year.
1. BEC visas used in Fy'06 : = 122,121- (46,340)x 2.2 = 20,173
2. BEC visas issued in FY'07 : 135,459-(6000)x2.2=122,259
3. BEC visas (And NOT labor) remaining as on 10/01/08 = 396,000-122,259= 273,741.
What it means:
BEC contained labors from both retrogressed and non-retrogressed countries. Thus, in FY’08 and FY’09 visa consumptions will be attributed to BEC mainly. Once this backlog is cleared, the normal consumption (Supply = Demand) should resume. But it will also mean that there will always be 2-3 years wait.
Conclusion:
Suggested Cut-off dates for India as on 10/01/2008: ??? TBD.
Last update:
Time 11.32 AM ET , 05/01/08.
I am planning to write a letter to USCIS and DOS , suggesting the visa cut off dates for India. Kindly help me develop a model. I will send this letter over the weekend and also post over here.
So far I have the following rational (Of course , I will word them properly).
I have grouped applicants in the following groups
BEC, PERM ROW and PERM Non Row Countries. I then will estimate the visa usage by each categories using sources like FLCdata and DHS publications. Along the way I will make some assumption but the results should be realistic.
Facts
1. Per DOL , As of April'06 50K BEC labors were certified. Certification rates were 50% of labor processed (certified, denied or withdrawn).
Per DOL, as of Sep'07 362,000 BEC labor were processed (certified, denied or withdrawn).
2. Per DHS, total EB (2, 3, 4 and 5 only) visas issued in FY’07 were 135,479 and FY’06 was 122,121.
3. FLC data center indicates that between March’05 and Oct’05, ~6000 PERM applications were filled and certified.
4. Per FLC data, 46,340 ROW PERM applications were certified in FY’06 and 47,251 ROW applications were certified in FY’07.
Assumptions
1. Each labor application uses in 2.2 visas.
2. Based on Fact 1 and Fact 2, let us assumed that in total 180,000 BEC labors were certified between March'05 and Sep'07 by BEC.
3. Total BEC visas requirements 180,000*2.2= 396,000
4. NIW applications are negligible.
5. Retrogressed countries account for 50% of visas used.
Calculations
Scenario 1: Visa processing time is Zero
1. BEC visas used in Fy'06 : = 122,121- (46,340)x 2.2 = 20173
2. BEC visas issued in FY'07 : 135,459-(47,251+6000)x2.2=18,306
3. BEC visas remaining as on 10/01/08= 396,000-20,173-18,306= 357,521
Scenario 2: Visa processing time is one year. Note: it affects only the applications certified within the preceding year.
1. BEC visas used in Fy'06 : = 122,121- (46,340)x 2.2 = 20,173
2. BEC visas issued in FY'07 : 135,459-(6000)x2.2=122,259
3. BEC visas (And NOT labor) remaining as on 10/01/08 = 396,000-122,259= 273,741.
What it means:
BEC contained labors from both retrogressed and non-retrogressed countries. Thus, in FY’08 and FY’09 visa consumptions will be attributed to BEC mainly. Once this backlog is cleared, the normal consumption (Supply = Demand) should resume. But it will also mean that there will always be 2-3 years wait.
Conclusion:
Suggested Cut-off dates for India as on 10/01/2008: ??? TBD.
Last update:
Time 11.32 AM ET , 05/01/08.
chanduv23
11-06 09:36 PM
A wonderful initiative. Good luck, once the group grows, plan for seminars, workshops, involve more IV members and energize our community
