jonty_11
07-05 04:44 PM
Good Catch Jonty, and the guy has the audacity to claim that his(is it really his, or store bought) priority date is 2004. For the sake of thousands who are not scamming the system, I sure hope this guy had sent a single check for 140 and 485 together.
Man....I dont mean to be rude...but these are times of trial and frustration....
Man....I dont mean to be rude...but these are times of trial and frustration....
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kart2007
05-11 08:54 PM
Been there, done that!
In US It takes one day if you have police report, old passport copy. I have done this at the Chicago embassy. They will issue you a new passport with visa stamp (US visa only).
In US It takes one day if you have police report, old passport copy. I have done this at the Chicago embassy. They will issue you a new passport with visa stamp (US visa only).
logiclife
02-15 12:03 PM
One more thing about stamping in Canada and Mexico.
The chances of getting a new H1 stamp, even if you have another H1 stamp that's expired, are very low if you have no college Education from USA.
So if you have your college degrees from outside USA, its best to go to home country for stamping. The reason is that the consulate would simply pass the buck and say "Go to your home country for stamping as we do not have qualified people to evaluate your education from India/China/whatever".
On the other hand, if you have MS, or BS from USA, then visa stamping should be a fairly easy process, unless there are other complications in your case.
Then you would have to fly directly from Canada to your home-country for stamping.
The chances of getting a new H1 stamp, even if you have another H1 stamp that's expired, are very low if you have no college Education from USA.
So if you have your college degrees from outside USA, its best to go to home country for stamping. The reason is that the consulate would simply pass the buck and say "Go to your home country for stamping as we do not have qualified people to evaluate your education from India/China/whatever".
On the other hand, if you have MS, or BS from USA, then visa stamping should be a fairly easy process, unless there are other complications in your case.
Then you would have to fly directly from Canada to your home-country for stamping.
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JunRN
07-16 10:43 PM
Please enlighten me. What constitute a proof of immigrant intent?
Filing of:
1. LC
2. I-140
3. Medicals
4. I-485
etc...
I am confuse. Please explain.
Filing of:
1. LC
2. I-140
3. Medicals
4. I-485
etc...
I am confuse. Please explain.
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Templarian
08-19 10:04 AM
^Good Idea
First Attempt (hopefully someone with better detail can make it look nice):
http://img393.imageshack.us/img393/8536/orlysr5.gif
First Attempt (hopefully someone with better detail can make it look nice):
http://img393.imageshack.us/img393/8536/orlysr5.gif
pd_recapturing
07-09 09:51 AM
Please translate........
The title is in Hindi and it means "Labor is on sale, do you want to buy it?" The hindi line is taken from a very famous hindi song of 80s that says "groom is on sale, do you want to buy it?"
The title is in Hindi and it means "Labor is on sale, do you want to buy it?" The hindi line is taken from a very famous hindi song of 80s that says "groom is on sale, do you want to buy it?"
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gondalguru
06-19 11:45 PM
Please help me as I am in big confusion.
I am J1 physician working in Underserved area. Completed 3 years of waiver requirement 9/2006.
I worked with company A from 5/2004 to 3/2007. Got EB-2 PERM based I-140 apporved with PD: 9/2004 with company A
Also applied for NIW based I-140 (self petiton) approved with PD of 9/2004. I-485 pending on this I-140 with RD of 11/2004. I need to complete 5 yrs in underserved area to get GC using this method.
Changed job in 3/2007 to company B hoping to apply for PERM and GC again. But with this new CIR looming with changes in EB catagory I am moving back to company A.
Now my prior employer company A is offering me job again. They have kept my apporved I-140 intact. It is going to take 4-6 weeks to join them back and be on their payroll.
What should I do?
Can I file new I-485 based on approved I-140 with company A even though I am not working with them now (as future employment)? This will be my 2nd I-485 as the first one is pending for NIW application.
Should I try to interfile first I-485 with PERM based I-140? One lawyer told me that if I interfile I-485 with PERM baed I-140 then there is a risk of denial of the I-485 as it was filed duing my three years of waiver service. Second lawyer told me that interfiling can be done with out problem (especially if I 485 is at TSC) but only after joining company A.
As you can see how complicated the case is and how different lawyers give differnt opinions.... I am very confused. Please advise gurus.
I am J1 physician working in Underserved area. Completed 3 years of waiver requirement 9/2006.
I worked with company A from 5/2004 to 3/2007. Got EB-2 PERM based I-140 apporved with PD: 9/2004 with company A
Also applied for NIW based I-140 (self petiton) approved with PD of 9/2004. I-485 pending on this I-140 with RD of 11/2004. I need to complete 5 yrs in underserved area to get GC using this method.
Changed job in 3/2007 to company B hoping to apply for PERM and GC again. But with this new CIR looming with changes in EB catagory I am moving back to company A.
Now my prior employer company A is offering me job again. They have kept my apporved I-140 intact. It is going to take 4-6 weeks to join them back and be on their payroll.
What should I do?
Can I file new I-485 based on approved I-140 with company A even though I am not working with them now (as future employment)? This will be my 2nd I-485 as the first one is pending for NIW application.
Should I try to interfile first I-485 with PERM based I-140? One lawyer told me that if I interfile I-485 with PERM baed I-140 then there is a risk of denial of the I-485 as it was filed duing my three years of waiver service. Second lawyer told me that interfiling can be done with out problem (especially if I 485 is at TSC) but only after joining company A.
As you can see how complicated the case is and how different lawyers give differnt opinions.... I am very confused. Please advise gurus.
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ImmigrationAnswerMan
09-13 08:56 PM
poorslumdog:
1) File for a Travel Permit. It is preferable that PR's keep their trips abroad under 6 months if they can. If not then it is best for PRs to keep their trips under one year. PRs should not stay abroad for more than a year without a travel permit and should not let their travel permit expire while they are abroad if they do travel abroad for more than one year.
2) Where someone gets their PR through employment, they should work for the employer for at least a few months after receiving their green card. This is because part of the process for applying for the PR was that they stated that they intended to work for the employer. However, where the person intended to continue employment with the petitioner, but there was a change in circumstances that caused the person to not continue working with the employer, this should be OK. However the person should be ready to explain to USCIS why they did not continue with the employer even though they intended to at the time they were granted their PR.
3) PRs can travel abroad. However, they need to be able to continue to show their intent to reside in the US. Employment abroad can be used by CBP or USCIS to question this intent. However if the person is working abroad for their US employer, it should not be an issue.
4, 5 & 6) See answers above.
** This information is of a general nature and should not be relied upon without first consulting with an immigration law attorney. This information is not intended to create an attorney-client relationship.
1) File for a Travel Permit. It is preferable that PR's keep their trips abroad under 6 months if they can. If not then it is best for PRs to keep their trips under one year. PRs should not stay abroad for more than a year without a travel permit and should not let their travel permit expire while they are abroad if they do travel abroad for more than one year.
2) Where someone gets their PR through employment, they should work for the employer for at least a few months after receiving their green card. This is because part of the process for applying for the PR was that they stated that they intended to work for the employer. However, where the person intended to continue employment with the petitioner, but there was a change in circumstances that caused the person to not continue working with the employer, this should be OK. However the person should be ready to explain to USCIS why they did not continue with the employer even though they intended to at the time they were granted their PR.
3) PRs can travel abroad. However, they need to be able to continue to show their intent to reside in the US. Employment abroad can be used by CBP or USCIS to question this intent. However if the person is working abroad for their US employer, it should not be an issue.
4, 5 & 6) See answers above.
** This information is of a general nature and should not be relied upon without first consulting with an immigration law attorney. This information is not intended to create an attorney-client relationship.
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gc_lover
06-24 11:26 AM
__________________________________________________ ______
Though the principal employment-based categories are current for July, future retrogression is possible later this fiscal year, particularly if demand for immigrant visas increases substantially. Visa numbers can retrogress in the middle of a month and become unavailable without prior notice. If there is a mid-month retrogression, USCIS could elect to stop accepting adjustment applications. While this is unlikely to occur in July 2007, it becomes more and more possible as the fiscal year progresses.
__________________________________________________ ______
I found this article on
http://pubweb.fdbl.com/news1.nsf/9abe5d703b986cff86256e310080943a/8d3d061006d75c47852572ff00687697?OpenDocument
So, it looks like it can retrogess anytime. However, I don't think there is anything we can do to avoid retrogession. Do the best you can and file as fast as you can. No point worrying!
Though the principal employment-based categories are current for July, future retrogression is possible later this fiscal year, particularly if demand for immigrant visas increases substantially. Visa numbers can retrogress in the middle of a month and become unavailable without prior notice. If there is a mid-month retrogression, USCIS could elect to stop accepting adjustment applications. While this is unlikely to occur in July 2007, it becomes more and more possible as the fiscal year progresses.
__________________________________________________ ______
I found this article on
http://pubweb.fdbl.com/news1.nsf/9abe5d703b986cff86256e310080943a/8d3d061006d75c47852572ff00687697?OpenDocument
So, it looks like it can retrogess anytime. However, I don't think there is anything we can do to avoid retrogession. Do the best you can and file as fast as you can. No point worrying!
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nkavjs
09-26 01:11 AM
I am Primary on H1B working 30 hrs base as a full-timer with benefits. If I understood you correctly I can lower my base to 20 hrs per week (without benefits) and still be on H1B visa?
wow..I hope this is true. Pls. let me know.
Thanks
RPH
wow..I hope this is true. Pls. let me know.
Thanks
RPH
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VickIowa
12-28 11:07 AM
You are actually expected to provide the latest I94, I believe that your employer may have filed an I9 based on your latest I94, just find the I94 # and the local customs and immigration at the airport should be able to issue you a new one. If you have a copy or the number of this one it would help.
Does the I-9 need to be refreshed each year?
I have a copy of my Jan 2009 I-94 which is not the most recent one - I believe that was the one that was sent to my employer's lawyers. In Jan 2010, I did get an original I-94 (the one I lost) but did not use it to apply for I-9 (atleast to the best of my knowledge).
Thanks for being so responsive and helping me out. The other thing is the time constraint that I have to take off on Dec 29th (tomorrow). What also worries me is that if I approach the Immigration/customs folks at the nearby airport, won't they basically ask me to fill an I-102 and wait for 3-6 months before I can travel? I don't want to do that since I need to travel now due to family issues.
Does the I-9 need to be refreshed each year?
I have a copy of my Jan 2009 I-94 which is not the most recent one - I believe that was the one that was sent to my employer's lawyers. In Jan 2010, I did get an original I-94 (the one I lost) but did not use it to apply for I-9 (atleast to the best of my knowledge).
Thanks for being so responsive and helping me out. The other thing is the time constraint that I have to take off on Dec 29th (tomorrow). What also worries me is that if I approach the Immigration/customs folks at the nearby airport, won't they basically ask me to fill an I-102 and wait for 3-6 months before I can travel? I don't want to do that since I need to travel now due to family issues.
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gc0402
07-17 11:19 AM
A# is either someting that you get by the following ways:
1. If you were a student and were on OPT the EAD card had an A#
2. Sometimes when your I-140 is approved it comes with A# (NOT ALWAYS NO ONE KNOWS WHY/WHY NOT)
3. When your I-485 is accepted most likely you will get a new A#
So if you have 1 or 2 use it else leave it blank.
Thank you for the clarifications. One more doubt:
G-325A has got got file no. which starts with A and Alien Registration no in the bottom. Should we have to fill A# against file no. in top with our A# got with I-140 approval?
1. If you were a student and were on OPT the EAD card had an A#
2. Sometimes when your I-140 is approved it comes with A# (NOT ALWAYS NO ONE KNOWS WHY/WHY NOT)
3. When your I-485 is accepted most likely you will get a new A#
So if you have 1 or 2 use it else leave it blank.
Thank you for the clarifications. One more doubt:
G-325A has got got file no. which starts with A and Alien Registration no in the bottom. Should we have to fill A# against file no. in top with our A# got with I-140 approval?
more...
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gveerab
09-12 05:19 PM
Last month I filed using E-file system and got the AP within a month, I am very happy with E-file system. I used for both EAD and AP. Some people said we need to give fingerprints, if we file using e-file. But I didn't receive finger print notice.
Below are the answers for your questions
1) AP is a permission to travel, if you are not planning to travel plans need not renew. But it's good idea to renew, for emergency purpose. You need not worry about expiry date, it's not a Visa. EAD also same, I applied after my first EAD expired and got the new EAD.
2) I am not sure about your second question, but if you use e-file,system will take care for u.
3) You need not enter Attorney's name, you need to enter your name in self filing section. All the future communication including approval and receipt will come to you.
Thanks,
Veera
Hi,
I am applying for AP Renewal for myself and my wife. Can someone please send me the information on the following.
1. AP is expiring on September 20th. Can I file even after the expiry of the AP?
2. I am in AL.So, I need to be sending the application to Texas Service Center. But I am confused on where to send the documents? I will be sending by FedEx or UPS?
3. When I prepare the documents, do I enter Part 9, Signature of person preparing the form, if other than the application?
4. Last year our attorney filed the application and I have a copy of that application. I see "Notice of Entry of Appearance as Attorney or Representative" form. I am sure I dont have to file that now but do I need to do anything so that I get the receipt/approval notices instead of going to the Attorney Office?
Thank you.
Below are the answers for your questions
1) AP is a permission to travel, if you are not planning to travel plans need not renew. But it's good idea to renew, for emergency purpose. You need not worry about expiry date, it's not a Visa. EAD also same, I applied after my first EAD expired and got the new EAD.
2) I am not sure about your second question, but if you use e-file,system will take care for u.
3) You need not enter Attorney's name, you need to enter your name in self filing section. All the future communication including approval and receipt will come to you.
Thanks,
Veera
Hi,
I am applying for AP Renewal for myself and my wife. Can someone please send me the information on the following.
1. AP is expiring on September 20th. Can I file even after the expiry of the AP?
2. I am in AL.So, I need to be sending the application to Texas Service Center. But I am confused on where to send the documents? I will be sending by FedEx or UPS?
3. When I prepare the documents, do I enter Part 9, Signature of person preparing the form, if other than the application?
4. Last year our attorney filed the application and I have a copy of that application. I see "Notice of Entry of Appearance as Attorney or Representative" form. I am sure I dont have to file that now but do I need to do anything so that I get the receipt/approval notices instead of going to the Attorney Office?
Thank you.
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subhasree
11-14 11:29 AM
Hi all,
This forum really helped me to think in right direction. I have same situation now. I have valid H1b ( starting Oct 1st 2007) and got EAD and AP. I did not start working yet. If I withdraw my H1b will it effect my AOS? I am a secondary applicant. My husband is still maintaining H1 status. Please advice.
Your reply will surely bring peace of mind to me.
Thanks
This forum really helped me to think in right direction. I have same situation now. I have valid H1b ( starting Oct 1st 2007) and got EAD and AP. I did not start working yet. If I withdraw my H1b will it effect my AOS? I am a secondary applicant. My husband is still maintaining H1 status. Please advice.
Your reply will surely bring peace of mind to me.
Thanks
more...
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chanduv23
11-21 02:14 PM
But I have a lot to be thankful for. Thanks to IV, he has his EAD and can have one less thing to worry about in his new job search.
If he is in IT - no need to worry at all. Hiring is going on in full swing which is unusual for this part of the year.
If he is in IT - no need to worry at all. Hiring is going on in full swing which is unusual for this part of the year.
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pom
04-28 05:34 PM
All right, I've changed it once more, but maybe you should remove those moutain pics because it takes forever to load as it is :)
Very nice work though.
Very nice work though.
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somegchuh
11-02 11:20 AM
What's with the attitude? Did I say that I am filing these on my own?
Anyway, I am just trying to do some legwork to find out the required documentation so that I know that my lawyer is doing. If you enough grey matter and have been thru the immigration process you will know that lawyers can screw up and it is in your best interest to cross check with people who have done this.
Are you sure you want to do it on your own? If it was that easy, everybody would do it. Considering all the potential pitfalls, it just puzzles me why somebody would go for such a process on their own.
What are you trying to achieve? Save some bucks or show that you are smarter than other people? Even to save a lot of bucks, I don't see how I would do it without a reputed attorney.
Yes they are expensive, but there is a good reason for it: you are buying their expertise. Don't you think that it is worth it?
Anyway, that's just me...Good luck to you.
Anyway, I am just trying to do some legwork to find out the required documentation so that I know that my lawyer is doing. If you enough grey matter and have been thru the immigration process you will know that lawyers can screw up and it is in your best interest to cross check with people who have done this.
Are you sure you want to do it on your own? If it was that easy, everybody would do it. Considering all the potential pitfalls, it just puzzles me why somebody would go for such a process on their own.
What are you trying to achieve? Save some bucks or show that you are smarter than other people? Even to save a lot of bucks, I don't see how I would do it without a reputed attorney.
Yes they are expensive, but there is a good reason for it: you are buying their expertise. Don't you think that it is worth it?
Anyway, that's just me...Good luck to you.
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coopheal
12-28 07:34 AM
Currently EB3 is on May 01
What are the chances of EB3 also getting stuck around Jan 03.
Does any one know reason why so many EB2 were filed before Jan 03. Was there Apr 01 type of deadline??
What are the chances of EB3 also getting stuck around Jan 03.
Does any one know reason why so many EB2 were filed before Jan 03. Was there Apr 01 type of deadline??
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logiclife
12-20 11:38 AM
did you get a letter from USCIS to your new address that they have received your address change request?
i changed my address back in last week of September and got the letter in mid october. i got two separte letter one addressed to me and one addressed to my wife. this letter will ensure that they have your new correct address on the file. you should get one letter for you and for each dependent. also, you should change addresses for each individuals (for you and dependent).
also keep in touch with your lawyer, they shall recieve one notice for FP alongwith you.
Did you apply online or thru regular mail? Also, if you sent regular mail, was it certified mail or just regular first-class mail?
i changed my address back in last week of September and got the letter in mid october. i got two separte letter one addressed to me and one addressed to my wife. this letter will ensure that they have your new correct address on the file. you should get one letter for you and for each dependent. also, you should change addresses for each individuals (for you and dependent).
also keep in touch with your lawyer, they shall recieve one notice for FP alongwith you.
Did you apply online or thru regular mail? Also, if you sent regular mail, was it certified mail or just regular first-class mail?
voldemar
02-27 05:11 PM
6) The simple logic is, eb1 has higher qualifications than eb2, and eb2 has more qualifications compared to eb3. If you believe they treat everyone the same, then be happy and stick with your belief.That's true. Also EB3 cases are the easiest, EB2 a little more complex and EB1 the most complex. USCIS officers tend to do easiest job more often ;)
suavesandeep
01-13 11:13 PM
If i am not drunk The whole idea of getting a labor substitution done was to get an earlier priority date. So i am pretty sure you should be getting your I-140 approved with the older priority date. I think you should talk to your lawyer to get it corrected.
I know all of us here do not like the idea of people jumping lines. But since you did all the hard work and were lucky enough to submit it before they banned substitution why not enjoy the fruits :)
I know all of us here do not like the idea of people jumping lines. But since you did all the hard work and were lucky enough to submit it before they banned substitution why not enjoy the fruits :)
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