AllIzzWell
10-19 12:15 PM
Hi Rajenk:
I have gone through the link that you have posted here. Thank you so much. It is very informative.
The only question i have is, my employer though a bank, is not willing to give me a copy of my I140 WHATSOEVER. I tried numerous times and they only say that the attorney (FRAGOMEN) has advised not to give the copy of I140 to the beneficiary. With the banks you know..they may be around or shut any time.
Can you please advise, COPY OF I140 IS REQUIRED, for porting the priority date to new employer?
Thanks
I have gone through the link that you have posted here. Thank you so much. It is very informative.
The only question i have is, my employer though a bank, is not willing to give me a copy of my I140 WHATSOEVER. I tried numerous times and they only say that the attorney (FRAGOMEN) has advised not to give the copy of I140 to the beneficiary. With the banks you know..they may be around or shut any time.
Can you please advise, COPY OF I140 IS REQUIRED, for porting the priority date to new employer?
Thanks
FinalGC
02-07 09:36 AM
Buddy:
The way I see is that you have two options:
1) You close your shop here in USA and go back to India and take care of them there. India is booming, you will surely get a good job. But then this is based on your priorities and what u want to do.
OR
2) Find a very good old age home for them in India, where there is 24hrs support for them.. This will be cheaper for you and good for them. They will be in midst of people of their age and get all the support which you will not be able to give, as you and your wife are working.
Coming to US at this age and with such medical condition, will only become a burden for you and them. Since all they will land up doing is baby sitting your kids and maybe walk to the nearby mall. There is no way for them to interact with people of their age, which is big social need for everybody.
It is true no insurance will cover their pre-existing condition, so you will land up paying all their medical expenses. However, if u r a millionare, then bring them over here, then u will be able to take care of them......otherwise practically I see you losing all your hard earned $$'s....God forbid anybody getting sick here in US.
I just gave you some practical advise.
I hope you make the right decision, which would be good for you and your parents.
The way I see is that you have two options:
1) You close your shop here in USA and go back to India and take care of them there. India is booming, you will surely get a good job. But then this is based on your priorities and what u want to do.
OR
2) Find a very good old age home for them in India, where there is 24hrs support for them.. This will be cheaper for you and good for them. They will be in midst of people of their age and get all the support which you will not be able to give, as you and your wife are working.
Coming to US at this age and with such medical condition, will only become a burden for you and them. Since all they will land up doing is baby sitting your kids and maybe walk to the nearby mall. There is no way for them to interact with people of their age, which is big social need for everybody.
It is true no insurance will cover their pre-existing condition, so you will land up paying all their medical expenses. However, if u r a millionare, then bring them over here, then u will be able to take care of them......otherwise practically I see you losing all your hard earned $$'s....God forbid anybody getting sick here in US.
I just gave you some practical advise.
I hope you make the right decision, which would be good for you and your parents.
pt326bc
07-12 07:14 PM
:confused::confused:
First (Original one):
labor date: EB2-Aug-2002
Labor approved: September - 2007
I-140 approved: Yesterday (July-11-2008)
485 not yet filed
Second (approved labor from different company):
labor date: EB3-Apr-2004 and labor approved
140 filed: July 13 2007 - case is pending as of now
485 filed: July 13 2007 - case is pending as of now
I dont know what to do with my original green card one (whether to file one more 485 or not)
Gurus help me with your knowlege which option i have to choose
1. withdraw the 485 (filed with substituion labor) and file new 485 with the original one
2. file one more 485
3. wait for the substituion labor 140 to be approved and transfer priority date and category?
:confused:
You could file CP for one and continue with AOS for another and see which one comes out successful sooner. Theoretically you could have any number of applications for a green card; but for simlicity's sake (USCIS not yours) it is always wise to stick to one.
But confirm with you lawyer; this is not legal advice.
Regards.
First (Original one):
labor date: EB2-Aug-2002
Labor approved: September - 2007
I-140 approved: Yesterday (July-11-2008)
485 not yet filed
Second (approved labor from different company):
labor date: EB3-Apr-2004 and labor approved
140 filed: July 13 2007 - case is pending as of now
485 filed: July 13 2007 - case is pending as of now
I dont know what to do with my original green card one (whether to file one more 485 or not)
Gurus help me with your knowlege which option i have to choose
1. withdraw the 485 (filed with substituion labor) and file new 485 with the original one
2. file one more 485
3. wait for the substituion labor 140 to be approved and transfer priority date and category?
:confused:
You could file CP for one and continue with AOS for another and see which one comes out successful sooner. Theoretically you could have any number of applications for a green card; but for simlicity's sake (USCIS not yours) it is always wise to stick to one.
But confirm with you lawyer; this is not legal advice.
Regards.
bbenhill
10-12 06:20 PM
Hi, I have another question regarding I-94. My last I-94 is from H1B approval, the previous I-94 was from airport (and expired as well, issued : 2006).
Today, I got answer from my attorney office that I will need to surrender my previous I94 (from airport not from H1B approval).
I found this confusing, here are the questions :
1. what happened if I surrender airport I-94 ? will USCIS assume I am out ouf status for a couple of years ?
2. which one that I need to surrender ? is it from airport or H1B approval ?
Please advice ... I am really confuse with this immigration things ..
Regards,
You need to always hand over your I94; whether it is expired or not. When you re-enter into this country you will be issued I94 based on either your h1b or AP or what ever visa you might have that is effective at the time ...
Today, I got answer from my attorney office that I will need to surrender my previous I94 (from airport not from H1B approval).
I found this confusing, here are the questions :
1. what happened if I surrender airport I-94 ? will USCIS assume I am out ouf status for a couple of years ?
2. which one that I need to surrender ? is it from airport or H1B approval ?
Please advice ... I am really confuse with this immigration things ..
Regards,
You need to always hand over your I94; whether it is expired or not. When you re-enter into this country you will be issued I94 based on either your h1b or AP or what ever visa you might have that is effective at the time ...
more...
waitin_toolong
11-21 10:32 AM
yes
cabal
08-30 12:16 PM
I had asked this question to the immigration lawyer at IV. She said that if you are working for the same company at their offices aboard & go for Consular Processing ( it is the only option as you can not go 485 route) it should be just fine. However, if the company that you are working for when you are abroad and the company that did your GC are not the same thenit is almost impossible to prove that the job exists when you arrive in USA after CP.
It is an interesting question i am also worried about. I was told by my company attorney that i need to file I-140 asap as USCIS is in process of changing how long you can wait with approved LC before filing I-140. Once you have I-140 approved, basically you can come back to the US on an H-1 to work for the company (you will need a new h-1, even if you have a 3 yr. extension based on approved I-140). Then if and when the priority dates become current you should be able to file for I-485
It is an interesting question i am also worried about. I was told by my company attorney that i need to file I-140 asap as USCIS is in process of changing how long you can wait with approved LC before filing I-140. Once you have I-140 approved, basically you can come back to the US on an H-1 to work for the company (you will need a new h-1, even if you have a 3 yr. extension based on approved I-140). Then if and when the priority dates become current you should be able to file for I-485
more...
anai
09-22 08:51 AM
just FYI, came back via SFO and had no reentry issues.
Great. Good that you went and good to know that there were no issues.
Great. Good that you went and good to know that there were no issues.
.jpg "european men hairstyles")
HopeSprings
07-29 12:15 AM
Geez, how hard can it be!!
Read the lines.
Prereqs:
1. I-485 applied for EB-2 India
2. PD after Jun 1st 2006 (i.e. ,PD is not current)
3. There was an LUD on 07/27
Only then, reply to the thread!!
SunnySurya with date after PD Jun 1st 2006 replied yes, which means this update has nothing to do with the PD being current.
I have PD of Nov 2006, 140-Approved, 485-July 2nd. I have not got any LUD on any of my applications. So, this soft LUD might not be for everybody.
Read the lines.
Prereqs:
1. I-485 applied for EB-2 India
2. PD after Jun 1st 2006 (i.e. ,PD is not current)
3. There was an LUD on 07/27
Only then, reply to the thread!!
SunnySurya with date after PD Jun 1st 2006 replied yes, which means this update has nothing to do with the PD being current.
I have PD of Nov 2006, 140-Approved, 485-July 2nd. I have not got any LUD on any of my applications. So, this soft LUD might not be for everybody.
more...
abdulazeez77
08-14 07:13 PM
Should I send my orginal I-797 with her or just the copy?
aroranuj
06-16 12:52 PM
I recently asked my employer to provide me with a copy of the I-140 Receipt Notice. The company's attorney told my employer that she strongly recommends not giving me a copy as I could leave work with the I-140 Receipt notice. Is it true that I can't leave work even though it has been past 6 months since my concurrent filing if I dont have a copy of the receipt notice?
Will the approval notice for the I-140 be mailed to me by the USCIS or to our company attorney's? What can I do to make sure that I have all the paperwork required if I were to use AC21?
Thanks.
Will the approval notice for the I-140 be mailed to me by the USCIS or to our company attorney's? What can I do to make sure that I have all the paperwork required if I were to use AC21?
Thanks.
more...
waitin_toolong
06-16 11:55 AM
Unless you need to travel immediately, I551 stamp is not important. I am assuming she only declined to stamp the I-551 but the GC was approved.
These days you get the card in 30-60 days from approval. sometimes even within the week so you dont need the stamp. The actual GC card is the I-551 document you need. The stamp let you travel without the card in the days it took around a year for the card to arrive.
Congratulations and get the passport renewed, you would need the current passport for travel anyways.
These days you get the card in 30-60 days from approval. sometimes even within the week so you dont need the stamp. The actual GC card is the I-551 document you need. The stamp let you travel without the card in the days it took around a year for the card to arrive.
Congratulations and get the passport renewed, you would need the current passport for travel anyways.
cbpds
05-18 01:24 PM
How about thread "lighten up"??? Although its not relevant to Immigration, it sure is a good thread that helps everyone to lower their blood pressure after reading visa bulletins and other Immigration hassles.
There are not many insignificant threads that encompasses Immig threads, moreover if you notice they show up when not much is happ on a particular day
my 2c
There are two pointless threads on this site, one is titled "The yanks are coming" and another as "US political system is broken". They both contain long rants of a single user. I seriously doubt if anybody ever reads them, as is evident from the absence of any other user's reply to these threads. Why don't we just remove them, or block them from showing up on the main page. At least it will free up space for more useful threads.
There are not many insignificant threads that encompasses Immig threads, moreover if you notice they show up when not much is happ on a particular day
my 2c
There are two pointless threads on this site, one is titled "The yanks are coming" and another as "US political system is broken". They both contain long rants of a single user. I seriously doubt if anybody ever reads them, as is evident from the absence of any other user's reply to these threads. Why don't we just remove them, or block them from showing up on the main page. At least it will free up space for more useful threads.
more...
MightyIndian
11-05 06:11 PM
Is VFS the only site to book appointments (for HYD) as well ? I hear the news that HYD is operational but I don't see it in on VFS website to take an appointment - I need one for 1st week of Dec
I beleive the Hyderabad Consulate will be fully functional only by the end of 2008. So we can assume that it starts offering visa services in early 2009. Until then the web site suggests to go to Chennai Consulate.
http://hyderabad.usconsulate.gov/visa_services.html
I beleive the Hyderabad Consulate will be fully functional only by the end of 2008. So we can assume that it starts offering visa services in early 2009. Until then the web site suggests to go to Chennai Consulate.
http://hyderabad.usconsulate.gov/visa_services.html
anand2007
07-18 08:34 PM
if your wife has chosen Consular processing when filing I-140, it is possible to go ahead with concurrent applications
Hi Friends,
I have applied for my I485 last month and received receipt numbers this week. At the time I consulted my company lawyer and he said it is possible apply from your wife's company for both of us and when USCIS gets to approving one application they will ask other one to be withdrawn.
The reason I asked and agreed to do so was manily because of the VERY unstable condition our my job. My wife's job is more stable than mine.
Now we are try to apply from my wife's company, her lawyer is saying that we can not have more than one I485 pending, had I known this - it more based on interpretation from the lawyers I would not have applied for my application just applied for my wife's.
Hoping that nothing may happen should I drop the idea of applying for I485 from my wife's company. Although my hope line is too thin.
My question is has any on in similar situation applied for 2 I485s. I am really confused as my lawyer says that it is possible and my wife's lawyer says it is not possible to have 2 pending I485 applications..
Hi Friends,
I have applied for my I485 last month and received receipt numbers this week. At the time I consulted my company lawyer and he said it is possible apply from your wife's company for both of us and when USCIS gets to approving one application they will ask other one to be withdrawn.
The reason I asked and agreed to do so was manily because of the VERY unstable condition our my job. My wife's job is more stable than mine.
Now we are try to apply from my wife's company, her lawyer is saying that we can not have more than one I485 pending, had I known this - it more based on interpretation from the lawyers I would not have applied for my application just applied for my wife's.
Hoping that nothing may happen should I drop the idea of applying for I485 from my wife's company. Although my hope line is too thin.
My question is has any on in similar situation applied for 2 I485s. I am really confused as my lawyer says that it is possible and my wife's lawyer says it is not possible to have 2 pending I485 applications..
more...
new2gc
02-16 01:56 PM
These time- pass threads are better than EB2 Vs EB3 threads.
If you are passing time on IV website...sorry.. either you may be a dumb .... who doesn't know what mess you are in (per your id EB3-Nov5) or an even more dumb anti guy...it is as simple as that... Since you are ignorant..I don't want to argue any further with you...
If you are passing time on IV website...sorry.. either you may be a dumb .... who doesn't know what mess you are in (per your id EB3-Nov5) or an even more dumb anti guy...it is as simple as that... Since you are ignorant..I don't want to argue any further with you...
gccovet
08-15 09:08 AM
Here is my situation:
My sponsoring company 'A' was acquired by company 'B' last month and name changed to company 'B' with B's pay stubs.
Am on H1 now and i applied my 485 in August 2007 with 140 approved in May 2007.
Company B informed me that they informed USCIS regarding the acquisition(i don't what they mean !!).
Questions:
1. How is my green card process proceeds with company 'B'? Should the company 'B' file I140 amendment or is there any thing they have to take care?
2. Can i join with company 'C' by invoking AC21?
Please share your thoughts and experiences.
Dont' worry, you are fine.
It should be fine as your company already informed USCIS, these acquistions are quite common.
Get a "Acquisition letter " and a "name change letter" from your HR. This will be useful if you happen to travel on H1B (out of USA).
My sponsoring company 'A' was acquired by company 'B' last month and name changed to company 'B' with B's pay stubs.
Am on H1 now and i applied my 485 in August 2007 with 140 approved in May 2007.
Company B informed me that they informed USCIS regarding the acquisition(i don't what they mean !!).
Questions:
1. How is my green card process proceeds with company 'B'? Should the company 'B' file I140 amendment or is there any thing they have to take care?
2. Can i join with company 'C' by invoking AC21?
Please share your thoughts and experiences.
Dont' worry, you are fine.
It should be fine as your company already informed USCIS, these acquistions are quite common.
Get a "Acquisition letter " and a "name change letter" from your HR. This will be useful if you happen to travel on H1B (out of USA).
more...
kirupa
05-21 08:32 PM
Hi Marina - can you zip up and attach your project? :)
Thanks,
Kirupa
Thanks,
Kirupa
kondur_007
09-22 03:09 PM
Hello IVans,
According to Attorney Murthy on June 27, 2008,
"It is hoped that, as the USCIS works through the numerous pending I-140 petitions, premium processing will resume on a more widespread basis"
http://www.murthy.com/news/n_pp4140.html
I strongly feel that AILA and their associates are pretty good at predicting the policy changes within USCIS / DOL. In my observation, such statements by leading immigration Attorneys have resulted in near future procedural / policy changes. I consider this as an hint to all GC seekers to brace for I140 PP across the board, not just for people on the H1B brink.
Does anyone feel the same? any thoughts?
I did not believe it at that time (July). However, looking at the flow of approvals from even NSC (they processed my case filed in April 2008); I now believe that I 140 premium processing will resume soon (in next couple of months).
I am not sure how will they phase it in; may be first for all new filings and/or for people with current PD and then more widespread (hopefully based on PD).
TSC has been processing 2008 cases since past 3 months and NSC is doing so for at least a month now (they seem to have processed July/Aug cases for the past 10 months). Also, the first couple of quarters will be slow as far as I 485 processing goes...so they can probably concetrate on I 140s and resume flow of MONEY :p
According to Attorney Murthy on June 27, 2008,
"It is hoped that, as the USCIS works through the numerous pending I-140 petitions, premium processing will resume on a more widespread basis"
http://www.murthy.com/news/n_pp4140.html
I strongly feel that AILA and their associates are pretty good at predicting the policy changes within USCIS / DOL. In my observation, such statements by leading immigration Attorneys have resulted in near future procedural / policy changes. I consider this as an hint to all GC seekers to brace for I140 PP across the board, not just for people on the H1B brink.
Does anyone feel the same? any thoughts?
I did not believe it at that time (July). However, looking at the flow of approvals from even NSC (they processed my case filed in April 2008); I now believe that I 140 premium processing will resume soon (in next couple of months).
I am not sure how will they phase it in; may be first for all new filings and/or for people with current PD and then more widespread (hopefully based on PD).
TSC has been processing 2008 cases since past 3 months and NSC is doing so for at least a month now (they seem to have processed July/Aug cases for the past 10 months). Also, the first couple of quarters will be slow as far as I 485 processing goes...so they can probably concetrate on I 140s and resume flow of MONEY :p
GCard_Dream
07-28 04:17 PM
Thank you for the very helpful information. This is exactly what I plan to do unless the IO at the port-of-entry specifically asks for the travel doc. I sure hope that it doesn't come to that because I don't want to use the travel doc.
When we have traveled to Matamoros, MX for stamping we had AP and H1/H4. On return we have used H1/H4. NO questions asked at the border check post.
When we have traveled to Matamoros, MX for stamping we had AP and H1/H4. On return we have used H1/H4. NO questions asked at the border check post.
whitecollarslave
02-08 02:52 PM
I'm not sure it will be taken up by AILA -- I was so surprised by the resistance I encountered when I asked a well known attorney with a blog (v. popular with IV members) to submit this question to the AILA committee which reviews topics for liason meetings, and it took several rounds of email and some very severe rhetoric from me to even get him to send it to the committee! I feel it is terrible that our self-professed advocates hesitate even to ASK a question, let alone propose specific reforms...
The deadline for submitting questions is Feb 15 -- so if you are interested, get in touch with your attorneys and send in the question. Maybe numbers will move them.
Can you provide some more information on the AILA liaison meetings? Excuse my ignorance but I have never heard of it before.
Can we ask AILA to support the letter campaign? Specifically, can we ask AILA to push for recapturing 218K unused visas and clarification on how they might be allocated, if recaptured?
Thanks!
The deadline for submitting questions is Feb 15 -- so if you are interested, get in touch with your attorneys and send in the question. Maybe numbers will move them.
Can you provide some more information on the AILA liaison meetings? Excuse my ignorance but I have never heard of it before.
Can we ask AILA to support the letter campaign? Specifically, can we ask AILA to push for recapturing 218K unused visas and clarification on how they might be allocated, if recaptured?
Thanks!
PBECVictim
10-06 04:46 PM
Our PD : Dec 22nd 2003, EB2 India. It was pre-adjudicated on Sept 18th 2008.
My petition was approved 4 months back, after calling 100 times USCIS.
In my wife's case we spoke with IO on Sept 4th.
Created Service Request on 5th Sept.
During September 2nd week spoke to IO, IO sent an email to IO who is looking at petition.
During September last week we got Service Request generic response "Wait 180 days" which I have seen 2 times in my case .
On Sept 29th sent 7001 form to Ombudsman. Ombudsman office might have received the application on or before 1st October.
October 2nd 2009 my wife's petition approved.
So if your case is genuine case problem. Don't waste your time calling Immigration officers. Send 7001 form to Ombudsman's office.
My petition was approved 4 months back, after calling 100 times USCIS.
In my wife's case we spoke with IO on Sept 4th.
Created Service Request on 5th Sept.
During September 2nd week spoke to IO, IO sent an email to IO who is looking at petition.
During September last week we got Service Request generic response "Wait 180 days" which I have seen 2 times in my case .
On Sept 29th sent 7001 form to Ombudsman. Ombudsman office might have received the application on or before 1st October.
October 2nd 2009 my wife's petition approved.
So if your case is genuine case problem. Don't waste your time calling Immigration officers. Send 7001 form to Ombudsman's office.
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