desidude
12-22 10:12 AM
I applied I-140 with a substitution labor in May'07. Then I applied I-485 on July2nd,2007. Got EAD on Aug20th. Two months back my I-140 was approved. Now I am on EAD. I am working with a very good financial corporation which they are asking me to join as full-time from Jan1st2008. I told my manager that I can join as a full-time from Feb20th 2008. Can any one throw some light on these doubts?
1. What happens if I move before 180 days of EAD to this new company and send AC21 to USCIS after finishing 180 days on EAD?
2. If I moved after 180 days what kind of queries we get from USCIS on AC21?
3. Do we need to make sure my employer also agrees what we are doing? What kind of documents we need from the existing employer?
4. Does my new company has to give same exact responsibilities as my labor certificate?
I would appreciate if any one replies to these posts. Thanks in advance.
Technically speaking, your 180 days start from the day you filed your I-485. ie. 180 days start from July 2nd in your case. You can still clarify with your attorney to make sure.
1. What happens if I move before 180 days of EAD to this new company and send AC21 to USCIS after finishing 180 days on EAD?
2. If I moved after 180 days what kind of queries we get from USCIS on AC21?
3. Do we need to make sure my employer also agrees what we are doing? What kind of documents we need from the existing employer?
4. Does my new company has to give same exact responsibilities as my labor certificate?
I would appreciate if any one replies to these posts. Thanks in advance.
Technically speaking, your 180 days start from the day you filed your I-485. ie. 180 days start from July 2nd in your case. You can still clarify with your attorney to make sure.
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a_yaja
04-23 09:08 AM
I am sure this question must have been answered before, but as i could not find anything with reference to it, so i thought of posting it here.
I just received a copy of the labor from my company. Is there a way to find out, whether the labor was cleared for EB-2 or not.
I am novice in this area.
If there are any other ways to find out, can anyone shed some light on it.
Thanks.
Can you please elaborate? When you say "whether the labor was cleared for EB-2 or not" - do you mean that your employer has already filed you I-140 application and you received an approval notice for the I-140? Or did your employer file for Labor Certification under the PERM process and your labor was approved?
If your I-140 was cleared - look to see under which category the I-140 was approved (more information on that @ http://www.uscis.gov. Search for Employment Based Green Cards).
If your Labor Certification is cleared and you still need to apply for I-140, then the wording and the requirements determine if the job will qualify for EB2 (Labor Certification itself does not specify the EB category). For example, if the requirements state that a Master's is required or a Bachelor's + 5 yrs of experience is required, then you may qualify for EB2. You should remember that even though the Labor Certification requirements qualify you for EB2, your employer may choose to file under EB3.
I just received a copy of the labor from my company. Is there a way to find out, whether the labor was cleared for EB-2 or not.
I am novice in this area.
If there are any other ways to find out, can anyone shed some light on it.
Thanks.
Can you please elaborate? When you say "whether the labor was cleared for EB-2 or not" - do you mean that your employer has already filed you I-140 application and you received an approval notice for the I-140? Or did your employer file for Labor Certification under the PERM process and your labor was approved?
If your I-140 was cleared - look to see under which category the I-140 was approved (more information on that @ http://www.uscis.gov. Search for Employment Based Green Cards).
If your Labor Certification is cleared and you still need to apply for I-140, then the wording and the requirements determine if the job will qualify for EB2 (Labor Certification itself does not specify the EB category). For example, if the requirements state that a Master's is required or a Bachelor's + 5 yrs of experience is required, then you may qualify for EB2. You should remember that even though the Labor Certification requirements qualify you for EB2, your employer may choose to file under EB3.
silpa_23
05-19 06:08 PM
Greetings,
In brief, I have applied for I-485 when I was single and now priority dates are current. I need to add my spouse. Do I need to apply for I-485 for myself again? Below are the timelines.
Thanks in advance.
In August 2006.
1. Employer A
2. I was Single.
3. Files I-140 and I-485 concurrently.
4. Schedule A expired.
5. Application moved to Eb3.
In June 2007
1.Employer B (Moved in June 2007 via H1b transfer).
Married in 2008.
April 2010.
1. Employer B.
2. New I-140 filed in EB2, approved.
3. Ported EB3 PD of Aug 2006.
May 2011.
1. PD will be current in June 2011.
2. I need apply I-485 for my spouse.
Do I need to re-apply for I-485 and G-235a for the principal applicant.
In brief, I have applied for I-485 when I was single and now priority dates are current. I need to add my spouse. Do I need to apply for I-485 for myself again? Below are the timelines.
Thanks in advance.
In August 2006.
1. Employer A
2. I was Single.
3. Files I-140 and I-485 concurrently.
4. Schedule A expired.
5. Application moved to Eb3.
In June 2007
1.Employer B (Moved in June 2007 via H1b transfer).
Married in 2008.
April 2010.
1. Employer B.
2. New I-140 filed in EB2, approved.
3. Ported EB3 PD of Aug 2006.
May 2011.
1. PD will be current in June 2011.
2. I need apply I-485 for my spouse.
Do I need to re-apply for I-485 and G-235a for the principal applicant.
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alterego
11-01 07:30 PM
Firstly to comment on the story, What the heck are they to do with a shrinking and aging population!
Anyway this just speaks to issues globally.
If we believe we are in a global economy...........and I do. Then these are relevant.
For Instance, an IT pro in India makes a lot of money compared to professionals in other fields there. Can anyone argue that this is not due to Globalization? In some areas and fields this situation will work in reverse.
We stand to gain by observing trends in other developed economies since it may be a harbinger of things to come here.
Protectionism in the rich world is growing, that is a fact and was only to be expected. We are reaching an inflection point here where if capitalists here want to continue this trend they have to also accept some unpalatable developments. This might include higher tax rates on property, investments and returns, higher risk threshold on overseas portfolio investment.........not just economic risk either (political and other risks are much higher in the developing world..........................for the naysayer Desi just think about the left successfully blocking the nuclear deal and Indira Gandhi's nationalization program). These will emerge in a democracy. It matters little what the position is on these issues by the elites or the 2 dominant parties in the US. A 3rd force will likely emerge if needed. Already we are seeing protectionists like Lou Dobbs, John Edwards gaining traction with their views. This article about the situation in the UK shows us the same there.
Change sometimes needs to be managed. I feel this is one of those situations. Immigration is good for the rich world. Especially our kind, highly skilled and entrepreneurial and linked to hyper growth economies of the future.
Lets hope our voice gets heard in after all this land of immigrants.
Anyway this just speaks to issues globally.
If we believe we are in a global economy...........and I do. Then these are relevant.
For Instance, an IT pro in India makes a lot of money compared to professionals in other fields there. Can anyone argue that this is not due to Globalization? In some areas and fields this situation will work in reverse.
We stand to gain by observing trends in other developed economies since it may be a harbinger of things to come here.
Protectionism in the rich world is growing, that is a fact and was only to be expected. We are reaching an inflection point here where if capitalists here want to continue this trend they have to also accept some unpalatable developments. This might include higher tax rates on property, investments and returns, higher risk threshold on overseas portfolio investment.........not just economic risk either (political and other risks are much higher in the developing world..........................for the naysayer Desi just think about the left successfully blocking the nuclear deal and Indira Gandhi's nationalization program). These will emerge in a democracy. It matters little what the position is on these issues by the elites or the 2 dominant parties in the US. A 3rd force will likely emerge if needed. Already we are seeing protectionists like Lou Dobbs, John Edwards gaining traction with their views. This article about the situation in the UK shows us the same there.
Change sometimes needs to be managed. I feel this is one of those situations. Immigration is good for the rich world. Especially our kind, highly skilled and entrepreneurial and linked to hyper growth economies of the future.
Lets hope our voice gets heard in after all this land of immigrants.
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FredG
August 8th, 2005, 12:15 PM
I love that shot! Wonder how a flock of small birds passing by (not overhead) would look with their erratic flight paths?
Anysia
03-03 10:08 AM
FYI: Illinois Joint Committee on Administrative Rules, Administrative Code:
Title 68: Professions and Occupations
Chapter VII: Dept of Finacial and Professional Regulation
Subchapter b: Professions and Occupations
Part 1340 Illinois Physical Therapy
Section 1340.20 (a)(2)
Prior to January 1, 2002, the applicant's curriculum shall have a minimum of 120 semester hours which shall include a minimum of 50 semester hours credit in general education and at least the following subject areas in professional education (a minimum of 57 semester hours required)
Section 1340.20 (a)(3)
"Applicants graduating after January 1, 2002 must have a minimum of a master's degree in physical therapy"
Title 68: Professions and Occupations
Chapter VII: Dept of Finacial and Professional Regulation
Subchapter b: Professions and Occupations
Part 1340 Illinois Physical Therapy
Section 1340.20 (a)(2)
Prior to January 1, 2002, the applicant's curriculum shall have a minimum of 120 semester hours which shall include a minimum of 50 semester hours credit in general education and at least the following subject areas in professional education (a minimum of 57 semester hours required)
Section 1340.20 (a)(3)
"Applicants graduating after January 1, 2002 must have a minimum of a master's degree in physical therapy"
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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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file485
02-05 06:29 PM
lets not drift away even a little bit from our main efforts...
Dont forget this cud be an open forum and every kind must be viewing the posts here...so lets not bother how many outsiders r needed in this country or how much education is needed here..
remember waht happened at techworkers1 yahoo forum...no matter what, we have our points to say and anti immigrants have their points to say...
So..lets not even debate on these kind of topics...
Dont forget this cud be an open forum and every kind must be viewing the posts here...so lets not bother how many outsiders r needed in this country or how much education is needed here..
remember waht happened at techworkers1 yahoo forum...no matter what, we have our points to say and anti immigrants have their points to say...
So..lets not even debate on these kind of topics...
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seekerofpeace
09-10 11:17 PM
Well VXG,
I know what you are saying about Biometrics...both of our biometrics were done at the same time ....in any case I can't challenge my attorney especially one which is the largest in Boston...we will wait for the FP and then bug him again...at least she is current next month too........
Well good luck with Lawrence Infopass.....strange place no parking ...had to park by a No parking sign where every other car was parked....the office is lush such a waste of public money.....and absolutely useless chaps....actually if I had got my lawyer;s mail an hour back I may not have made that long trip.....
Well Boston USCIS is no better we have experience over there too couple of years back....
Will have to go there again..not sure if Lawrence has Biometrics facility or not....
OOOOOOOOFFFFFFFfffff how much more can I bear..................
SoP
I know what you are saying about Biometrics...both of our biometrics were done at the same time ....in any case I can't challenge my attorney especially one which is the largest in Boston...we will wait for the FP and then bug him again...at least she is current next month too........
Well good luck with Lawrence Infopass.....strange place no parking ...had to park by a No parking sign where every other car was parked....the office is lush such a waste of public money.....and absolutely useless chaps....actually if I had got my lawyer;s mail an hour back I may not have made that long trip.....
Well Boston USCIS is no better we have experience over there too couple of years back....
Will have to go there again..not sure if Lawrence has Biometrics facility or not....
OOOOOOOOFFFFFFFfffff how much more can I bear..................
SoP
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deecha
02-26 12:28 AM
If you get married to him you shouldn't have any issue. After you get married you should have him file an immigrant petition (I-130) along with the adjustment of status (I-485). You will also have to file a biographic information sheet (G-325) along with an affidavit of support (I-864) and medical examination (I-693). You can also file for employment authorization (EAD), form I-765 if you want to work and Advance parole (I-131) if you need to travel outside the US. Supporting documents such as birth certificates, marriage certificate and photos will be required.
All these forms are available at the USCIS website.
They will ask you to come for fingerprining at a biometric center in a few weeks.
After a few months, you will be called for an interview to determine if your marriage is bonafide. If successful, you will be given what's called a conditional residency. 90 days before the two year anniversary of your conditional residency, you and your husband have to jointly apply for removal of conditions (form I-751), upon which you will be granted full permanent residency. After the third year, if you're still married, you can apply for US Citizenship.
Goodluck with the process !
Disclaimer: I am not a lawyer and the advice in this post no way constitutes any kind of legal advice and I accept no liability for any of the advice in this post.
All these forms are available at the USCIS website.
They will ask you to come for fingerprining at a biometric center in a few weeks.
After a few months, you will be called for an interview to determine if your marriage is bonafide. If successful, you will be given what's called a conditional residency. 90 days before the two year anniversary of your conditional residency, you and your husband have to jointly apply for removal of conditions (form I-751), upon which you will be granted full permanent residency. After the third year, if you're still married, you can apply for US Citizenship.
Goodluck with the process !
Disclaimer: I am not a lawyer and the advice in this post no way constitutes any kind of legal advice and I accept no liability for any of the advice in this post.
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ashokmohan
06-07 01:55 PM
Transaction ID: 7WK494028G568634H
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kgwithnogc
05-08 09:59 AM
http://www.telegraph.co.uk/news/main.jhtml?xml=/news/2007/05/06/wchina06.xml
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optimystic
09-15 01:28 PM
Had they able to think that far, may be many of the issues we face today wouldn't have cropped.
They have a made a mockery out of the processing dates and of a thing called 'accountability' . There's no such word in their dictionary :mad::mad::mad:
They have a made a mockery out of the processing dates and of a thing called 'accountability' . There's no such word in their dictionary :mad::mad::mad:
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JunRN
11-05 08:26 PM
I guess one option is "follow-to-join". Go back to home country and apply for follow to join.
But you should not miss that period when your PD becomes current. It usually takes one whole month for PD being current so I don't see a reason why they cannot file in time.
But you should not miss that period when your PD becomes current. It usually takes one whole month for PD being current so I don't see a reason why they cannot file in time.
more...
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optimystic
04-22 03:38 PM
As per my understanding, due to the July 2, 2007 fiasco, Visa dates were unavailable for ALL chargeability areas between July 2nd - July 17th 2007 (i.e until USCIS temporarily made relaxation after protests from IV et al. )
So how can the processing date be July 11th !!
It implies that they are processing a case that was filed/receipted on July 11th !! Whereas as per the Visa bulletin no body should have been able to file a case when PDs were not current during that brief time slot (2nd - 17th of july). So are they processing cases out of thin air !! :) (just kidding...I know some people did contine to file after July 2nd despite dates not being current)
If indeed people did continue to file their papers even after July 2nd (and I think some did), then may be they are processing those (relatively) few applications. But would they allow such applications. I guess they are...they are atleast processing them :) , whether or not they will honor such filings I dont know....
So how can the processing date be July 11th !!
It implies that they are processing a case that was filed/receipted on July 11th !! Whereas as per the Visa bulletin no body should have been able to file a case when PDs were not current during that brief time slot (2nd - 17th of july). So are they processing cases out of thin air !! :) (just kidding...I know some people did contine to file after July 2nd despite dates not being current)
If indeed people did continue to file their papers even after July 2nd (and I think some did), then may be they are processing those (relatively) few applications. But would they allow such applications. I guess they are...they are atleast processing them :) , whether or not they will honor such filings I dont know....
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kondur_007
03-17 05:44 PM
Need help- EB1 EA 140/485 petitions denied - how to maintain legal status
I am a research faculty in a top 25 university and my H1-B expires in Dec 2010. My concurrent self petitions of the EB1-EA of 140 and 485 were denied by TSC. I am waiting for the denial letter. My spouse is a permanent resident . What are my legal options to stay in the country?
Here is my petition break down
1-140 filed-May 2009
!-485 filed June 2009
EAD/AP Oct/Nov 2009
RFE on 140 -Feb 9 2010
Responded to RFE - Mar 11 2010
Denial posted on Mar 15.
Would filing the I-130 affect the refiling of I-140?
Appreciate inputs provided
Switch to O1 visa. This will give you 3 years at a time. This can even be done as Premium processing.
If you applied for EB1A, it is the same application that goes for O visa, chances of approval with your credentials are > 95%; do this with a good attorney. In worst case scenario, even if it is rejected, you will loose nothing. (does not affect your current H1).
Then work again on EB1A application and reapply; you probably will get it approved second time around. This time, do not apply concurrent though; I have heard of more RFEs and denials with concurrent applications or premium EB1 applications; just a thought (dont have any proof for this)
Good Luck.
I am a research faculty in a top 25 university and my H1-B expires in Dec 2010. My concurrent self petitions of the EB1-EA of 140 and 485 were denied by TSC. I am waiting for the denial letter. My spouse is a permanent resident . What are my legal options to stay in the country?
Here is my petition break down
1-140 filed-May 2009
!-485 filed June 2009
EAD/AP Oct/Nov 2009
RFE on 140 -Feb 9 2010
Responded to RFE - Mar 11 2010
Denial posted on Mar 15.
Would filing the I-130 affect the refiling of I-140?
Appreciate inputs provided
Switch to O1 visa. This will give you 3 years at a time. This can even be done as Premium processing.
If you applied for EB1A, it is the same application that goes for O visa, chances of approval with your credentials are > 95%; do this with a good attorney. In worst case scenario, even if it is rejected, you will loose nothing. (does not affect your current H1).
Then work again on EB1A application and reapply; you probably will get it approved second time around. This time, do not apply concurrent though; I have heard of more RFEs and denials with concurrent applications or premium EB1 applications; just a thought (dont have any proof for this)
Good Luck.
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lostinbeta
10-04 01:20 AM
Hopefully it works....haha :)
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indianindian2006
06-14 02:17 PM
you can file for 485 and change employers later, I guess you should ask an attorney.
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satdal
12-31 02:18 PM
I am a July16th filer (EB3-India,May2002 PD). We just recd the FP notices on 29th Dec. Though EAD,AP were recd pretty fast, it took till Dec21st to get our FP notices generated. Both my wife and I opened SRs. We got totally different explanations on the SR response letters. Mine was a ridiculous explanation.
I also took infopass appts, but didn't see any use from them. So, my opinion is - just hang in there. You will be getting it soon ! Opening a SR or calling USCIS or even taking an infopass appt mayn't help. It's a matter of time before the FP notice comes ....Hope this info helps !
SATISH.
I also took infopass appts, but didn't see any use from them. So, my opinion is - just hang in there. You will be getting it soon ! Opening a SR or calling USCIS or even taking an infopass appt mayn't help. It's a matter of time before the FP notice comes ....Hope this info helps !
SATISH.
Michael chertoff
12-17 10:13 AM
What is the reason, Did u use AC21
jagan13
02-24 12:24 PM
Got response from the embassy stating that the passport has been processed but, not clear if they already dispatched it. Looks like they are still keeping up with the 40 day turnaround time.
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