Prashanthi
07-30 06:25 PM
My kids and I got our I485 (EB2 I PD 2005) approval in July 2008 and my wife's case was sent for Interview which we attended in December when they asked to redo the medicals. Medicals were submitted to them after which the case has gone "dead".
Questions :
1. What is the Immigration status of my wife during this time? Her H4 (which would have been nulled due to my AOS anyway) in December.
She has Advance Parole and EAD but everyday we are worried about challenges ranging from not being able to buy life insurance for her at competitive rates (she has been declined due to THIS immigration status), Drivers license renewal coming up. We havent been able to travel freely as a family outside the country due to the fact that AP is for emergency travel only.
2. What will happen to her case if something happens and I pass away while she is waiting?
3. Do I have to wait for my earlier PD (2005) to become current again before she gets approval. The way it is going with retrogression my kids and I may get citizenship before she gets her greencard.
4. Will writing to a congressman / senator help? It is really having a significant impact on our lives as a virtually "broken family".
Your help would be much appreciated.
First of all, lets hope nothing happens to you. At this time i suggest waiting, something might come up later this year or early next year with reference to making use of unused visa numbers, if this happens, your wifes date will become current and her I-485 will get approved. Unfortunately the petition dies with the petitioner. However in the case of family based I-130 petitions, The Attorney General may in his discretion reinstate the approval of your family-based visa. The Attorney General may exercise favorable discretion where "for humanitarian reasons revocation would be inappropriate." 8 C.RR. Sec. 205.1(a)(3)(i)(C).
Questions :
1. What is the Immigration status of my wife during this time? Her H4 (which would have been nulled due to my AOS anyway) in December.
She has Advance Parole and EAD but everyday we are worried about challenges ranging from not being able to buy life insurance for her at competitive rates (she has been declined due to THIS immigration status), Drivers license renewal coming up. We havent been able to travel freely as a family outside the country due to the fact that AP is for emergency travel only.
2. What will happen to her case if something happens and I pass away while she is waiting?
3. Do I have to wait for my earlier PD (2005) to become current again before she gets approval. The way it is going with retrogression my kids and I may get citizenship before she gets her greencard.
4. Will writing to a congressman / senator help? It is really having a significant impact on our lives as a virtually "broken family".
Your help would be much appreciated.
First of all, lets hope nothing happens to you. At this time i suggest waiting, something might come up later this year or early next year with reference to making use of unused visa numbers, if this happens, your wifes date will become current and her I-485 will get approved. Unfortunately the petition dies with the petitioner. However in the case of family based I-130 petitions, The Attorney General may in his discretion reinstate the approval of your family-based visa. The Attorney General may exercise favorable discretion where "for humanitarian reasons revocation would be inappropriate." 8 C.RR. Sec. 205.1(a)(3)(i)(C).
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cooler
12-16 10:01 AM
This must be a "NJ" thing. I had mine renewed a few months back and all I showed was the 2 year EAD. No questions were asked.
I would suggest taking the I-485 receipt and the printout of the case from USCIS website showing the application as pending. If need be, talk to the supervisor to get this sorted out.
I would suggest taking the I-485 receipt and the printout of the case from USCIS website showing the application as pending. If need be, talk to the supervisor to get this sorted out.
lostinbeta
10-03 11:56 PM
What part don't you understand exactly? It is a pretty straightforward tutorial.
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mwin
11-27 10:26 PM
From murthy: http://www.murthy.com/news/UDac21qa.html#1
Question 2 : I lost my job before the 180-day period. Can I still use portability? TOP
Quite possibly, provided the I-485 remains in pending (unadjudicated) status for at least 180 days. It is the I-485 processing time that is important, not when the beneficiary changes positions. This is because the "green card" (GC) is based upon a future job offer. The person is not required to have worked for the GC-sponsoring employer prior to filing or obtaining the GC. Accordingly, it appears the AC21 law did not intend to change the prior law, which only requires a future job offer with respect to the GC sponsorship in employment-based cases. Please refer to the disclaimer at the end of this page, since, at the time of this writing, the regulations have not been published.
Also, check: http://immigrationvoice.org/forum/showthread.php?t=4965
Question 2 : I lost my job before the 180-day period. Can I still use portability? TOP
Quite possibly, provided the I-485 remains in pending (unadjudicated) status for at least 180 days. It is the I-485 processing time that is important, not when the beneficiary changes positions. This is because the "green card" (GC) is based upon a future job offer. The person is not required to have worked for the GC-sponsoring employer prior to filing or obtaining the GC. Accordingly, it appears the AC21 law did not intend to change the prior law, which only requires a future job offer with respect to the GC sponsorship in employment-based cases. Please refer to the disclaimer at the end of this page, since, at the time of this writing, the regulations have not been published.
Also, check: http://immigrationvoice.org/forum/showthread.php?t=4965
more...
signin241
07-24 09:15 PM
Thanks for the responses.
I have the affidavits and the birth certificate with me. The problem is with the misspelled names on those when compared to my passport.
I have the affidavits and the birth certificate with me. The problem is with the misspelled names on those when compared to my passport.
Sunny_Bhaaji
12-28 12:44 AM
RFE for I-140
I had applied for I-140 Dec last year(2006) EB3 and was checking for update and found that an RFE has been sent on Dec 12. To whom is RFE sent....My company had done all the paperwork...is it to our company lawyer or me....Please advise
I had applied for I-140 Dec last year(2006) EB3 and was checking for update and found that an RFE has been sent on Dec 12. To whom is RFE sent....My company had done all the paperwork...is it to our company lawyer or me....Please advise
more...
abhijitp
08-30 05:17 PM
And thanks for your continued support. I wish every IV member thinks like you!
People, please please please attend the DC rally! If you just cannot, please sponsor someone to attend the rally:
http://immigrationvoice.org/forum/showthread.php?t=12441
Thanks
People, please please please attend the DC rally! If you just cannot, please sponsor someone to attend the rally:
http://immigrationvoice.org/forum/showthread.php?t=12441
Thanks
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pitha
06-28 03:12 PM
This is a very common issue. Most of the times the HR title and job title and Labor title do not match.
You need to use "Programmer Analyst" for Employment verification letter, but Employment offer letter, you need to use "Software Programmer Engineer".
This is 100% correct.
Employment verification letter is for current occupation what you mentioned in LCA when applying for H1. If you say something else, then you are voilating what you mentioned. Then it is going to problem if a strict USCIS officer observes that.
But for Employment offer letter, since it is for future emploment, you need to have the title mentioned in PERM application.
You need to use "Programmer Analyst" for Employment verification letter, but Employment offer letter, you need to use "Software Programmer Engineer".
This is 100% correct.
Employment verification letter is for current occupation what you mentioned in LCA when applying for H1. If you say something else, then you are voilating what you mentioned. Then it is going to problem if a strict USCIS officer observes that.
But for Employment offer letter, since it is for future emploment, you need to have the title mentioned in PERM application.
more...
cat555
07-08 11:14 PM
One bad day, my employer just realized that I was overpaid $8000 over 2 years. When I was with the company, I was told it was accountant mistake and I don't have to pay anything. It was all verbal so I don't have any witness.
After 2 months, I quit with 2 weeks notice.
Now he wants $8000 back or he won't pay my last 2 weeks.
I am on EAD and don't know what to do?
Can anybody advice?
After 2 months, I quit with 2 weeks notice.
Now he wants $8000 back or he won't pay my last 2 weeks.
I am on EAD and don't know what to do?
Can anybody advice?
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Maverick1
08-13 11:23 AM
According to my understanding, PIO is like a long term entry visa but it does not allow you to work. You would still need an employment visa.
Only OCI visa holders can work without employment visa.
You may want confirm the details on the Embassy website as they keep changing rules from time to time.
No visa needed for employment. The difference being, you need to report if you stay more than 180 days. The OCIs don't need to report.
Quote from cgny website :
"No requirement of a Student Visa for undertaking studies in India and Employment visa for taking up employment in India. However, PIO cardholders would be required to fulfill other pre-requisite conditions and formalities in connection with their studies/employment as prescribed by concerned authorities from time to time. "
http://indiacgny.org/php/showContent.php?linkid=181&partid=102&sub=sub7
Only OCI visa holders can work without employment visa.
You may want confirm the details on the Embassy website as they keep changing rules from time to time.
No visa needed for employment. The difference being, you need to report if you stay more than 180 days. The OCIs don't need to report.
Quote from cgny website :
"No requirement of a Student Visa for undertaking studies in India and Employment visa for taking up employment in India. However, PIO cardholders would be required to fulfill other pre-requisite conditions and formalities in connection with their studies/employment as prescribed by concerned authorities from time to time. "
http://indiacgny.org/php/showContent.php?linkid=181&partid=102&sub=sub7
more...
cygent
04-16 04:18 PM
Hi Sara,
Could you please post you case details & PD?
This is my first post here but I am silent reader for past two years. I got my GC approved couple of weeks ago. A week before that,
Could you please post you case details & PD?
This is my first post here but I am silent reader for past two years. I got my GC approved couple of weeks ago. A week before that,
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yabadaba
06-22 03:20 PM
http://www.uscis.gov/files/pressrele...ling062107.pdf
Does this mean USCIS take it back?
http://www.uscis.gov/files/pressrelease/UpdateDirectFiling062107.pdf
Calm down..its there
Does this mean USCIS take it back?
http://www.uscis.gov/files/pressrelease/UpdateDirectFiling062107.pdf
Calm down..its there
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continuedProgress
06-08 02:35 PM
My $50 (3626-8870-3772-9306) for this effort.
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krishnam70
05-08 01:47 PM
Thank you
Subscription Payment Sent (Unique Transaction ID #82G15598SR169690U)
In reference to: S-4UL2252729966384J
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kris
Subscription Payment Sent (Unique Transaction ID #82G15598SR169690U)
In reference to: S-4UL2252729966384J
-cheers
kris
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akred
02-22 06:11 PM
50,000 visas were recaptured for Schedule A occupations - nurses and physical therapists. That is why both India and Philippines got more numbers in FY 2006.
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msyedy
01-12 06:57 PM
I understand this topic has been discussed ad nauseam, so I'm not raising this issue per se. I do not know where we stand on the likelihood of this provision getting passed by Feb 15th, but I do know that the Core group must be trying their best to get some provisions along these lines.
But just in case the "AOS without current PD" is seen as too big a change by the law makers or its sponsors in the undustry, I think it might be worthwhile to consider some of its watered-down alternatives. The law makers themselves may have a perception of this provision "creating a log jam at the AOS stage", not unlike the (mis)perception of some of IV members themselves!
Some alternatives are:
(a) Ability to file I-485 if the I-140 has been approved for X years, or if the I-140 has been pending for Y years (this is similar the provision of the ability to file H1 extensions beyond 6 years if a labor is pending). The advantage of this provision is that this will sound familiar with an already existing law; and will let the floodgates to AOS slowly and in a more controlled manner.
(b) Ability to file I-485 if the PD is within N years of the published PD in the Visa Bulletin. For example, assuming N = 2 years, India EB3 with PD 5/11/03 and India EB2 01/08/05 can file. Again this has the advantage of a more controlled entry via the Visa Bulletin, but at least it'll start clearing the queue and people can get their EAD, FBI name check, while waiting for the visa numbers to be available.
(c) If an Labor has been approved for X years
(d) If the alien has been on H1 for Y years
or a combination of any of the above
Please understand that I whole heartedly support the "AOS without current PD" provision; it's just that it would be wise to be ready with some alternatives should the need arise.
Why are you making it more complicated. People here want to get things done faster and relief for everyone.
According to your statement .(New formulas). people with I-140 approved for x years can file I-485 and so on......
If we are fighting for something nice, why not fight and say that we need everyone to be able to file I-485 like it was earlier. Reducing jam in USCIS is not a simple issue.By decreasing the number of I-485 filing the amount of time cannot be accuratly estimated that would take it to clear a case. USCIS can increase filling fees which they are thinking of doing to handle the current log jam they have, so I think we stick to and follow IV core.
But just in case the "AOS without current PD" is seen as too big a change by the law makers or its sponsors in the undustry, I think it might be worthwhile to consider some of its watered-down alternatives. The law makers themselves may have a perception of this provision "creating a log jam at the AOS stage", not unlike the (mis)perception of some of IV members themselves!
Some alternatives are:
(a) Ability to file I-485 if the I-140 has been approved for X years, or if the I-140 has been pending for Y years (this is similar the provision of the ability to file H1 extensions beyond 6 years if a labor is pending). The advantage of this provision is that this will sound familiar with an already existing law; and will let the floodgates to AOS slowly and in a more controlled manner.
(b) Ability to file I-485 if the PD is within N years of the published PD in the Visa Bulletin. For example, assuming N = 2 years, India EB3 with PD 5/11/03 and India EB2 01/08/05 can file. Again this has the advantage of a more controlled entry via the Visa Bulletin, but at least it'll start clearing the queue and people can get their EAD, FBI name check, while waiting for the visa numbers to be available.
(c) If an Labor has been approved for X years
(d) If the alien has been on H1 for Y years
or a combination of any of the above
Please understand that I whole heartedly support the "AOS without current PD" provision; it's just that it would be wise to be ready with some alternatives should the need arise.
Why are you making it more complicated. People here want to get things done faster and relief for everyone.
According to your statement .(New formulas). people with I-140 approved for x years can file I-485 and so on......
If we are fighting for something nice, why not fight and say that we need everyone to be able to file I-485 like it was earlier. Reducing jam in USCIS is not a simple issue.By decreasing the number of I-485 filing the amount of time cannot be accuratly estimated that would take it to clear a case. USCIS can increase filling fees which they are thinking of doing to handle the current log jam they have, so I think we stick to and follow IV core.
more...
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yabadaba
06-22 05:31 PM
yes typically it is the Service center that has approved your 140
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snathan
09-01 12:55 AM
Hi,
Hoping to get your opinion on my situation.
I am an Indian citizen, working in the US on an H1B, moving to Spain on a resident visa. My current US employer wants me to continue working from Spain. However, my Spanish visa doesn't permit me to work for a Spanish company, and my US employer doesn't have an office in Spain so they can't apply for a work permit for me. They do have Indian offices, though.
What are my options here? Some of the avenues I am exploring:
a. The company's Indian offices hire me as an external consultant and pay my Indian bank account. I declare my income in India and pay taxes in India, even though I reside in Spain.
b. The company (US or India) hires me as a Spanish consultant and pay me in Spain.
c. Any other opinion
I would greatly appreciate your opinion on my situation, or any references you can give me that I can discuss this with.
Thanks very much for your help.
- Sharada
I couldnt understand this...Your company is Indian and have office in US. They want you to work for Indian/US company but they want you to move to spain when they dont have any office.
Hoping to get your opinion on my situation.
I am an Indian citizen, working in the US on an H1B, moving to Spain on a resident visa. My current US employer wants me to continue working from Spain. However, my Spanish visa doesn't permit me to work for a Spanish company, and my US employer doesn't have an office in Spain so they can't apply for a work permit for me. They do have Indian offices, though.
What are my options here? Some of the avenues I am exploring:
a. The company's Indian offices hire me as an external consultant and pay my Indian bank account. I declare my income in India and pay taxes in India, even though I reside in Spain.
b. The company (US or India) hires me as a Spanish consultant and pay me in Spain.
c. Any other opinion
I would greatly appreciate your opinion on my situation, or any references you can give me that I can discuss this with.
Thanks very much for your help.
- Sharada
I couldnt understand this...Your company is Indian and have office in US. They want you to work for Indian/US company but they want you to move to spain when they dont have any office.
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prdgl
07-07 09:56 PM
Very good, shabaash!!
Because of A. Holes like you, H1B visa holders get a bad name. And look at your gall, you are publicly announcing an intent to commit deciet.
IV Core and company: Please remove this thread - we do not want to provide more fodder to anti-immigrants.
And as for you moron, yes, you will get into trouble if you think you can dick around with govt. agencies.
Grow up!!!!!!!!
yes yes, its not that 10million illegal immigrants are considered for amnesty and was about to given direct path to citizenship or that's not enough, there is LC subsitution Fraud.
yes yes this is the one that brings bad name for H1B holders and not the above said things.
I am just trying to meet my ad requirement. If its not then i will change my ad. I am trying out different options here. That's it. For now you relax pal !
Because of A. Holes like you, H1B visa holders get a bad name. And look at your gall, you are publicly announcing an intent to commit deciet.
IV Core and company: Please remove this thread - we do not want to provide more fodder to anti-immigrants.
And as for you moron, yes, you will get into trouble if you think you can dick around with govt. agencies.
Grow up!!!!!!!!
yes yes, its not that 10million illegal immigrants are considered for amnesty and was about to given direct path to citizenship or that's not enough, there is LC subsitution Fraud.
yes yes this is the one that brings bad name for H1B holders and not the above said things.
I am just trying to meet my ad requirement. If its not then i will change my ad. I am trying out different options here. That's it. For now you relax pal !
blah45
10-09 06:26 PM
Called USCIS and my information is still not in their database. The operator asked me to call again later.
:(:mad:
:(:mad:
eb3retro
04-28 09:42 AM
Texas also planning to join the bandwagon..
Texas lawmaker to introduce anti-immigration bill - Yahoo! News (http://news.yahoo.com/s/ap/20100428/ap_on_re_us/us_immigration_texas_1)
Texas lawmaker to introduce anti-immigration bill - Yahoo! News (http://news.yahoo.com/s/ap/20100428/ap_on_re_us/us_immigration_texas_1)