texasguy
06-13 11:58 AM
Thank you all for your prompt reply.
We have the police report and I filed e-filed I-90 replacement application.
Hopefully, this situation does not happen to anyone.
Thank you all once again.
We have the police report and I filed e-filed I-90 replacement application.
Hopefully, this situation does not happen to anyone.
Thank you all once again.
ArkBird
08-05 03:04 PM
Guys as gk_2000 said it does not apply to us
Log In (http://www.uscis.gov/portal/site/usc...0048f3d6a1RCRD)
Well in those cases the term "Long Term" does not apply because as per my understanding, the longest duration one can be on "Conditional Residency" is 2 years.
I think this is smart ploy by Lord Session. It hits multiple birds with one stone.
1. He can attract moderate republicans, centrist and independents by showing he cares for immigration. Election season is approaching!
2. Create in-fight between legal and illegal supporters.
3. Weaken CIR... Pleasing his base
Log In (http://www.uscis.gov/portal/site/usc...0048f3d6a1RCRD)
Well in those cases the term "Long Term" does not apply because as per my understanding, the longest duration one can be on "Conditional Residency" is 2 years.
I think this is smart ploy by Lord Session. It hits multiple birds with one stone.
1. He can attract moderate republicans, centrist and independents by showing he cares for immigration. Election season is approaching!
2. Create in-fight between legal and illegal supporters.
3. Weaken CIR... Pleasing his base
sanjay02
05-22 06:04 PM
Hi
I had filed my I-485 in Jun 2007 my PD is Nov 2005 and was called for an interview at the local USCIS office in Feb 2009. My I-485 was pre-approved, now I am about to apply for AP renewal.
The question I have is which service center do I mail in my AP renewal docs? My original application was filed in Nebraska. So do I file it there or send it to service center in Missouri? Can any one who has similar experience post the answer to this?
Thnks
Sanjay
I had filed my I-485 in Jun 2007 my PD is Nov 2005 and was called for an interview at the local USCIS office in Feb 2009. My I-485 was pre-approved, now I am about to apply for AP renewal.
The question I have is which service center do I mail in my AP renewal docs? My original application was filed in Nebraska. So do I file it there or send it to service center in Missouri? Can any one who has similar experience post the answer to this?
Thnks
Sanjay
GCOP
04-01 08:54 PM
man-woman-and-gc, rsirpal
Thank you friends, for sharing your experience regarding NJ Airport.
What is posted here in the Original Post, It seems like a general advisory and may be not pertaining to any particular incident. Hopefully, it may not be correct.
Thanks for sharing your experience.
Thank you friends, for sharing your experience regarding NJ Airport.
What is posted here in the Original Post, It seems like a general advisory and may be not pertaining to any particular incident. Hopefully, it may not be correct.
Thanks for sharing your experience.
more...
immiindi09
01-12 05:38 PM
thank you "div_bell_2003". e-file and paper renewal, does it take the same
processing time?
processing time?
gc_buddy
11-19 12:17 AM
Hi All,
My wife entered US on H4 Visa. Her H4 is valid until Oct 2009. Last year, she got her EAD and started working on EAD. If she has to travel out of the country and come back, can she do it on H4 until 2009 or will she need an AP now that she has used her EAD..
Could anyone please share..Apologies if this is a repeat. Could not find any info on the forums.
My wife entered US on H4 Visa. Her H4 is valid until Oct 2009. Last year, she got her EAD and started working on EAD. If she has to travel out of the country and come back, can she do it on H4 until 2009 or will she need an AP now that she has used her EAD..
Could anyone please share..Apologies if this is a repeat. Could not find any info on the forums.
more...
Ramba
01-11 07:23 PM
Clearly Explaining
I am working on Company A in H1B status my GC sponsored Company B for Future Employment and they applied 140 its Approved suddenly dates became current I applied AOS with 140 Approved in July afte that we got our EADS APs FPs all etc. my sponsored employer asked to join then I joined in Company B on EAD status
what ever the payment terms which I discussed within a month he changed his words according to law he only pay salary but I am working on percentage basis I liitle bit fed up with those issues
I stayed with them only one month and one more month
when can I Use AC21 for safe side
You must have have good faith intent of working for longterm with sponser. Also, sponser should have full faith intent of hiring you permanently. Now the question is how to measure that? The simple measurement is the time period you worked with sponser either in H1B or EAD or GC. If you worked only one month, your intension is false. If your sponser reports to USCIS, you worked only one month and left the job, and you had no intension to work permanently, USCIS can deny your 485.
As per law, the employer should pay only the wage mentioned in your LC/140. Thats what the employer agrred to pay you as a salary.
I am working on Company A in H1B status my GC sponsored Company B for Future Employment and they applied 140 its Approved suddenly dates became current I applied AOS with 140 Approved in July afte that we got our EADS APs FPs all etc. my sponsored employer asked to join then I joined in Company B on EAD status
what ever the payment terms which I discussed within a month he changed his words according to law he only pay salary but I am working on percentage basis I liitle bit fed up with those issues
I stayed with them only one month and one more month
when can I Use AC21 for safe side
You must have have good faith intent of working for longterm with sponser. Also, sponser should have full faith intent of hiring you permanently. Now the question is how to measure that? The simple measurement is the time period you worked with sponser either in H1B or EAD or GC. If you worked only one month, your intension is false. If your sponser reports to USCIS, you worked only one month and left the job, and you had no intension to work permanently, USCIS can deny your 485.
As per law, the employer should pay only the wage mentioned in your LC/140. Thats what the employer agrred to pay you as a salary.
starving_dog
09-01 09:39 AM
That was a hard working moderator who seems to have disappeared off of the face of the earth in early June 2006. I don't think she was abducted by aliens, because she is one.
I wanted to start this thread in members only, but it wouldn't let me.
Thanks.
I wanted to start this thread in members only, but it wouldn't let me.
Thanks.
more...
morchu
04-28 03:39 PM
:) if an RFE was issued, that means some of the evidences submitted are not enough to prove that the I-140 is "approvable". I dont want to argue, but "approvable" is the exact term used by USCIS.
what if there is an rfe on the 140 when the case is not approved (but is approvable) and the employee has already quit? wont the 140 sponsor have to respond saying that employee nada exists? so, even though "approvabe" may be the right legalese, isnt "approved" more practical and relevant for us as beneficiaries.
what if there is an rfe on the 140 when the case is not approved (but is approvable) and the employee has already quit? wont the 140 sponsor have to respond saying that employee nada exists? so, even though "approvabe" may be the right legalese, isnt "approved" more practical and relevant for us as beneficiaries.
a_yaja
07-07 09:48 PM
I have described my situation below. Can someone please tell me if they have ever encountered this and what is the best avenue to take?
1. My LC was sent back to me on Tues (after 4 years).
2. It was neither denied nor approved. They said that I did not make at least 95% of prevailing wage rate.
3. I am currently a little less than that if I can take into account all bonuses etc.
4. The company's immigration lawyer (outside counsel) is saying that if I think that I will probably meet the wage rate threshhold by the time entire GC process is complete, then it's OK to amend LC and say that, "Yes, I am making that much money".
5. Else - other option is to challenge the DOLs definition of prevailing wage rate.
6. Company lawyer/HR (I don't think any of them have any immigration law background) are all confused about it. They are not sure whether I can take bonuses into account. If I don't - then it is less likely that I wil reach prevailing wage rate at next review.
7. Also - they are uncomfortable saying that I WILL meet PW. I guess they think that I will hold them to it and then just slack off until my review.
What should I do???
Depends on a lot of factors.
1. Under what category are you planning to file for I-140?
- EB1, EB2 or EB3?
2. Are you from a retrogressed country like India/ China or are you from Rest of World (ROW)?
3. How far are you from the 95% difference from your current salary ?
The reason I ask is this:
If you are going to apply for EB3 from India or China, there is a very good chance that your GC will take atleast 3 - 4 yrs (but anything could happen) to be approved. Remember, you need to make the salary when your GC is approved - not now. Secondly, if you are from India/ China, you may as well go ahead and say "Yes, will get paid salary mentioned" and after your I-140 is approved, you can always change to a job with higher salary and retain your Priority Date and go through PERM. But remember, PERM requires 100% salary and not 95%.
If you are from ROW, you can still go ahead and say "Yes, will get paid mentioned salary" and when you file for I-485, you can always switch jobs after 180 days invoking AC21.
If your salary is close to the 95% stated in the LC, you could still be OK - if you are confident that in a yr or two you will be getting 95% of the stated salary. Also, salary is only base salary and does not include Bonus (because bonus need not be offered by the company during any particular year).
IMPORTANT NOTE: COMPANY HAS TO AGREE TO GIVE YOU PW WHEN GC IS APPROVED AND NOT RIGHT NOW. IF YOU TELL THEM THIS, MAYBE THEY WILL NOT HESITATE SO MUCH.
Ofcourse, this is only my opinion and not legal advice.
1. My LC was sent back to me on Tues (after 4 years).
2. It was neither denied nor approved. They said that I did not make at least 95% of prevailing wage rate.
3. I am currently a little less than that if I can take into account all bonuses etc.
4. The company's immigration lawyer (outside counsel) is saying that if I think that I will probably meet the wage rate threshhold by the time entire GC process is complete, then it's OK to amend LC and say that, "Yes, I am making that much money".
5. Else - other option is to challenge the DOLs definition of prevailing wage rate.
6. Company lawyer/HR (I don't think any of them have any immigration law background) are all confused about it. They are not sure whether I can take bonuses into account. If I don't - then it is less likely that I wil reach prevailing wage rate at next review.
7. Also - they are uncomfortable saying that I WILL meet PW. I guess they think that I will hold them to it and then just slack off until my review.
What should I do???
Depends on a lot of factors.
1. Under what category are you planning to file for I-140?
- EB1, EB2 or EB3?
2. Are you from a retrogressed country like India/ China or are you from Rest of World (ROW)?
3. How far are you from the 95% difference from your current salary ?
The reason I ask is this:
If you are going to apply for EB3 from India or China, there is a very good chance that your GC will take atleast 3 - 4 yrs (but anything could happen) to be approved. Remember, you need to make the salary when your GC is approved - not now. Secondly, if you are from India/ China, you may as well go ahead and say "Yes, will get paid salary mentioned" and after your I-140 is approved, you can always change to a job with higher salary and retain your Priority Date and go through PERM. But remember, PERM requires 100% salary and not 95%.
If you are from ROW, you can still go ahead and say "Yes, will get paid mentioned salary" and when you file for I-485, you can always switch jobs after 180 days invoking AC21.
If your salary is close to the 95% stated in the LC, you could still be OK - if you are confident that in a yr or two you will be getting 95% of the stated salary. Also, salary is only base salary and does not include Bonus (because bonus need not be offered by the company during any particular year).
IMPORTANT NOTE: COMPANY HAS TO AGREE TO GIVE YOU PW WHEN GC IS APPROVED AND NOT RIGHT NOW. IF YOU TELL THEM THIS, MAYBE THEY WILL NOT HESITATE SO MUCH.
Ofcourse, this is only my opinion and not legal advice.
more...
LONGGCQUE
12-21 10:58 AM
goel_ar, Please join in the 485 filing initiative core group. Send a PM to snathan or nmdial. We have a couple of action items and can add this one too, a bigger pool of like minded people can collaborate together for common cause. Up to you to decide.
gc_check
11-05 02:45 PM
Just try to be optimistic and move on. Something is better then nothing. Atleast now you know, you are good after 180 days, if you are not that happy with your current job. But untill then take is easy and keep going with your day to day works. Most folks are much better than they were prior to July. Anyway, the last quarter is typically slow when it comes to job market and use this time to refresh your skills and wait for the right time to make the right move.
Also having EAD/AP etc.. is better compared to being on H1/L1, but remember it is not as good as having GC. Atlest untill you get you GC, you have to be very careful. Also AC21, make sure you know the rule and take the right steps when invoking AC21.
Also having EAD/AP etc.. is better compared to being on H1/L1, but remember it is not as good as having GC. Atlest untill you get you GC, you have to be very careful. Also AC21, make sure you know the rule and take the right steps when invoking AC21.
more...
joydiptac
02-15 03:17 PM
Even I was thinking in these lines. :D Just a few days back I figured that Hyderabad used to be a country even after Indian independence. Even though I am from a different state, I was thinking that people from the former state of Hyderabad should be able to get their own 7% quota. (Hyderabad State - Wikipedia, the free encyclopedia (http://en.wikipedia.org/wiki/Hyderabad_State))
From what I can tell a good % of Indians in the US come from this state. :D
Should help a lot of people huh? (and reduce the line in front of me how selfless of me) :D
But your finding on dependency is even better I guess we can add Kashmir and Hyderabad state to it too. :D
If not ever a reality it makes up for a good joke. :D
From what I can tell a good % of Indians in the US come from this state. :D
Should help a lot of people huh? (and reduce the line in front of me how selfless of me) :D
But your finding on dependency is even better I guess we can add Kashmir and Hyderabad state to it too. :D
If not ever a reality it makes up for a good joke. :D
bheemi
04-03 09:56 AM
HI Admin,
I would like to know if IV is working on ability to file I485 dureing retrogression...if so can youc alrify us how would you proceed for this issue...an ammendement thru somebody...Just want to know..
thanks
I would like to know if IV is working on ability to file I485 dureing retrogression...if so can youc alrify us how would you proceed for this issue...an ammendement thru somebody...Just want to know..
thanks
more...
alterego
01-14 08:06 PM
Cut and paste for me by my attorney:
Some Observations from DOS on India EB-2 Unavailability
Cite as "AILA InfoNet Doc. No. 08011461 (posted Jan. 14, 2008)"
On January 10, 2007, AILA Liaison contacted Charlie Oppenheim, Chief of Immigrant Visa Control and Reporting at the State Department, to speak about the announcement of India EB-2 visa unavailability in the February 2008 Visa Bulletin. By early November, indications were that USCIS demand for India EB-2 visa numbers would place significant pressure on the overall annual limitation, leading to the decision to roll back the priority date for India EB-2 for December 2007 to 01JAN02, and for January 2008 to 01JAN00. Even with those significant retrogressions, USCIS requested almost 300 India EB-2 for December. (As an indication of the rate of demand and how close to the quarterly and annual limits usage is, the USCIS requested three India EB-2 numbers for January, all with dates prior to 01 JAN 00.) There is some possibility that India EB-2 could again become available if it appears that the demand for India EB-1 will not exceed the annual limit, but, that determination will not be able to be made until the second half of the fiscal year.
For China-mainland born EB-2, if demand remains as has been seen over the last couple of months, it is expected that the 01 JAN 03 cut-off date will hold, and it is likely that all numbers will be used within the current cut-off date.
Interesting. This probably does not even include the July Fiasco filers or the Last minute Labor sub. users either.
300 for December with a PD set at Jan 02!:eek::eek::eek:
Looks like anyone from India with a PD 2003 or later is in for a lot of waiting.
I'm not entirely clear why 3 applicants made them make the PD unavailable in Jan.
We can only hope for a PD jump if EB ROW spares some numbers in the final quarter. I think(perhaps I am hoping) they might move the PDs a little starting in June. If EB1 retrogresses or if EB ROW moves too fast even that might be out.
Some Observations from DOS on India EB-2 Unavailability
Cite as "AILA InfoNet Doc. No. 08011461 (posted Jan. 14, 2008)"
On January 10, 2007, AILA Liaison contacted Charlie Oppenheim, Chief of Immigrant Visa Control and Reporting at the State Department, to speak about the announcement of India EB-2 visa unavailability in the February 2008 Visa Bulletin. By early November, indications were that USCIS demand for India EB-2 visa numbers would place significant pressure on the overall annual limitation, leading to the decision to roll back the priority date for India EB-2 for December 2007 to 01JAN02, and for January 2008 to 01JAN00. Even with those significant retrogressions, USCIS requested almost 300 India EB-2 for December. (As an indication of the rate of demand and how close to the quarterly and annual limits usage is, the USCIS requested three India EB-2 numbers for January, all with dates prior to 01 JAN 00.) There is some possibility that India EB-2 could again become available if it appears that the demand for India EB-1 will not exceed the annual limit, but, that determination will not be able to be made until the second half of the fiscal year.
For China-mainland born EB-2, if demand remains as has been seen over the last couple of months, it is expected that the 01 JAN 03 cut-off date will hold, and it is likely that all numbers will be used within the current cut-off date.
Interesting. This probably does not even include the July Fiasco filers or the Last minute Labor sub. users either.
300 for December with a PD set at Jan 02!:eek::eek::eek:
Looks like anyone from India with a PD 2003 or later is in for a lot of waiting.
I'm not entirely clear why 3 applicants made them make the PD unavailable in Jan.
We can only hope for a PD jump if EB ROW spares some numbers in the final quarter. I think(perhaps I am hoping) they might move the PDs a little starting in June. If EB1 retrogresses or if EB ROW moves too fast even that might be out.
iv4yarli
12-18 12:31 PM
Looks like the EB2 dates for india have retrogressed by two years. I am applying for green card and would like to know if I shouls go with EB2 or EB3.
Thanks for your help...
Thanks for your help...
more...
gnrajagopal
08-19 12:35 AM
what do you want? President Bush to come home and welcome you with hugs and kisses? A ticker tape parade? A band? 45 skimpily clad, extremely beautiful cheerleaders dancing and singing: "he got a G, he got a C, he got a GC!"?
you got an approval notice, you are through. enjoy man. :cool:
That was hilarious.....:D:D:D
you got an approval notice, you are through. enjoy man. :cool:
That was hilarious.....:D:D:D
green_card
09-25 11:05 AM
ekauraaya, i didnt mean to sound like the police, but your post did sound a bit harsh. if you didnt intend it then i am sorry as well. the reason i am so touchy is because me and my wife just got done paying off a $25,000 credit card bill that we accumulated while i was a student. no, we werent splurging like crazy to buy the latest gadgets. this was survival stuff like groceries and gas that we had to encounter while in graduate school and being married at the same time, with no financial support from family and very little stipend from university. so we know what its like to live in that nightmare. thank god we are done with it. luckily we never missed any payments and have good credit scores but we know the stress of having a huge debt through bad circumstances even if one is not a spendthrift.
So when you mentioned "goof-ups" to the other guy without knowing his actual history, that set me off on a tirade.
Thats all. no ill feelings to anyone. hope you understand
Ok you just twisted my words, took it out of context and made new meaning out of it... oh man relax, i was not trying to kid about anyones misfortune here! I was not even thinking about it from that angel!
If you read carefully i did reply to his question although i do agree it is a bit cryptic ;) and if my reply sounded like kidding about "misfortune" then i really do apologize to the original poster, that was not my intent.
Green_Card: Thanks for policing... :rolleyes:
So when you mentioned "goof-ups" to the other guy without knowing his actual history, that set me off on a tirade.
Thats all. no ill feelings to anyone. hope you understand
Ok you just twisted my words, took it out of context and made new meaning out of it... oh man relax, i was not trying to kid about anyones misfortune here! I was not even thinking about it from that angel!
If you read carefully i did reply to his question although i do agree it is a bit cryptic ;) and if my reply sounded like kidding about "misfortune" then i really do apologize to the original poster, that was not my intent.
Green_Card: Thanks for policing... :rolleyes:
jazzyjatt
07-29 09:17 PM
Brasil,
I think after reading your case, it is just a standard operating procedure. Not sure why you thought of it as being punished unless some dmv official behaved unprofessionally or rudely with you . I suggest you wait for sometime and you will definitely get your license renewed back.
All the best :)
I think after reading your case, it is just a standard operating procedure. Not sure why you thought of it as being punished unless some dmv official behaved unprofessionally or rudely with you . I suggest you wait for sometime and you will definitely get your license renewed back.
All the best :)
nonimmi
02-20 04:23 PM
Guys,
this doubt is bugging me due to recession fears.
if someone is on h1 status & have filed 485 in july 07. what happens when due to recession he/she is out of job (NO PAYROLL) for 3-4 months.
will the person have problems during 485 approval?? whats the possible negative that can happen in such god not willing situation
http://immigration.lawyers.com/ask-a-lawyer/AC21-Change-Of-Employers-5713.html
this doubt is bugging me due to recession fears.
if someone is on h1 status & have filed 485 in july 07. what happens when due to recession he/she is out of job (NO PAYROLL) for 3-4 months.
will the person have problems during 485 approval?? whats the possible negative that can happen in such god not willing situation
http://immigration.lawyers.com/ask-a-lawyer/AC21-Change-Of-Employers-5713.html
ramus
06-20 08:41 AM
Just call your local AAA office and they will tell you everything.. Mostly they take photo in main local office.
If you are plus member you get free 8 photos. I guess for regular member you will 6.
Can you detail how to get the photos taken from AAA?
Where do you need to go for the pics taken?
If you are plus member you get free 8 photos. I guess for regular member you will 6.
Can you detail how to get the photos taken from AAA?
Where do you need to go for the pics taken?
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