bkarnik
04-04 10:36 PM
The AOS (485) is based on the I-140 approved for the beneficiary listed in the I-140 and not the labor. Besides, the DOL is not really concerned about EB2 or EB3 category. The DOL asks for the alien information just to verify that the job ad is not tailored to meet the alien's qualifications. EB2, EB3, etc are categories under the INA which become applicable only once the I0140 is filed. In a nutshell, your friend should have consulted another attorney before the I-140 was filed under EB3. It is not possible to change the 485 filing to EB2 based on the labor because the immediately preceding step to filing 485 is the I-140 which governs.
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bbenhill
01-08 12:24 PM
totally agree on that. i was about to say the same but thought may be some people cannot communicate properly in english and thats y the "demanding" tone.
I agree.. I think when a person become a business owner they should be able to communicate with polite way ..:) just one of my cent :)
I agree.. I think when a person become a business owner they should be able to communicate with polite way ..:) just one of my cent :)
pd052009
04-28 04:11 PM
One of my friends who applied in Jan, got it in 2 weeks. I haven't heard of any delays.
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CaliHoneB
05-04 07:37 PM
Hi Guys,
In my humble opinion simple and easyway to distinguish ourselves from illegal immigrants is to have a premium processing for GC. What ever may be the solutions there will always be backlogs either in Labor or I140 or I485 because we are on the same track as millions of others..
From DOL perspective there is no benefit for them to process our applicatins faster than other applications..or they may simply be lacking resources to treat us as we want them to..
I don't think any high skilled professional would mind paying lilttle extra ( or significantly extra) if the process is certain and fast because once we have the GC we will not be at mercy of employers at the time of raises or need not be stuck in less paying jobs etc..
I request IV to incorporate this in their agenda.
Cheers
In my humble opinion simple and easyway to distinguish ourselves from illegal immigrants is to have a premium processing for GC. What ever may be the solutions there will always be backlogs either in Labor or I140 or I485 because we are on the same track as millions of others..
From DOL perspective there is no benefit for them to process our applicatins faster than other applications..or they may simply be lacking resources to treat us as we want them to..
I don't think any high skilled professional would mind paying lilttle extra ( or significantly extra) if the process is certain and fast because once we have the GC we will not be at mercy of employers at the time of raises or need not be stuck in less paying jobs etc..
I request IV to incorporate this in their agenda.
Cheers
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maximus777
05-06 03:44 PM
bring it on pa, ut, tx (although backing away)
the more the merrier! This certainly will bring the debates nationally all the time.
More # of states want to pile on, fed has to step in - with a ferocious appetite :d
:d
the more the merrier! This certainly will bring the debates nationally all the time.
More # of states want to pile on, fed has to step in - with a ferocious appetite :d
:d
GotGoose?
04-24 09:52 PM
Added another that's very simple - looks good :pleased:
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pthoko
07-05 03:16 PM
Did you get new I-94 with H1 transfer?
Any re-entry in USA after that?
___________________
Not a legal advice.
Yes I got an I-94 with the transfer(Same I-94 number as the L1 one). I didn't go out of US after that.
Any re-entry in USA after that?
___________________
Not a legal advice.
Yes I got an I-94 with the transfer(Same I-94 number as the L1 one). I didn't go out of US after that.
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paskal
06-02 10:28 AM
Do not trust what the consulate website says
In 2001 i had my passport renewed in NY
they insisted...and were adamant...that it had to be 11 mnths to expiry not 12 mnths...it makes no sense but they don't care.
they also don't care what the web site says.
i was told that if i wanted to travel i could get a temporary passport, since mine was full...and btw it was damaged (old, overused and beginning to come off at the sea...which is why i wanted a new one) so i would pay a large penalty, and a mnth later when i returned a could again apply for a new passport since it would be 11 mnths to expiring.
make sense if you can!
Chicago has similar idiosyncrancies. They don't provide all the services they list on the web site. They also do not care what the web site says. Call and you will be in an endless spiral of people saying different things and not really wanting to talk to you.
In 2001 i had my passport renewed in NY
they insisted...and were adamant...that it had to be 11 mnths to expiry not 12 mnths...it makes no sense but they don't care.
they also don't care what the web site says.
i was told that if i wanted to travel i could get a temporary passport, since mine was full...and btw it was damaged (old, overused and beginning to come off at the sea...which is why i wanted a new one) so i would pay a large penalty, and a mnth later when i returned a could again apply for a new passport since it would be 11 mnths to expiring.
make sense if you can!
Chicago has similar idiosyncrancies. They don't provide all the services they list on the web site. They also do not care what the web site says. Call and you will be in an endless spiral of people saying different things and not really wanting to talk to you.
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sweet_jungle
12-12 10:51 PM
Wife's EAD changed to "card production ordered", after a tiresome wait of almost 4 months. This was after 2 expedite faxes and 1 infopass.
My wife went for her biometrics today and what a surprise, her date of birth on the system was wrong.
She only had DL on her and no passport. So, the ASC staff took her biometrics but refused to correct her DOB, claiming that passport was needed.
So, we called up USCIS and upon description of the problem,were immediately transferred to level 2. Level 2 looked at the cases and confirmed that DOB was wrong on I-485. It was correct in I-765 and I-131. She said that the only way to correct it was to take infopass and present passport and DL.
It is now more or less clear that DOB mismatch has caused her EAD to be stalled for so long.I have already got my EAD.
Moral of the story : take passport for FP, infopass, etc. all the time.
Our EADs and APs were filed separately with I-485 courier receipt. What a mess !!
lets see what happens at infopass.
My wife went for her biometrics today and what a surprise, her date of birth on the system was wrong.
She only had DL on her and no passport. So, the ASC staff took her biometrics but refused to correct her DOB, claiming that passport was needed.
So, we called up USCIS and upon description of the problem,were immediately transferred to level 2. Level 2 looked at the cases and confirmed that DOB was wrong on I-485. It was correct in I-765 and I-131. She said that the only way to correct it was to take infopass and present passport and DL.
It is now more or less clear that DOB mismatch has caused her EAD to be stalled for so long.I have already got my EAD.
Moral of the story : take passport for FP, infopass, etc. all the time.
Our EADs and APs were filed separately with I-485 courier receipt. What a mess !!
lets see what happens at infopass.
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cr52401
04-25 02:18 PM
Thank you for you all help but I am commited to a project by the end of July. This is the every day work and can not leave at least for 6 weeks.
DO yuo have any other solution. Do you think it might be a way to go around it?
Thank you.
DO yuo have any other solution. Do you think it might be a way to go around it?
Thank you.
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gc4arun
08-22 02:12 PM
Yes, am close.. Nov 17, 2003 Eb2 and waiting for sept 1st :) Had an interview last month
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skd
07-05 02:19 PM
I know friends who are on L1 and there companies and they themselves are contributing to 401 K.
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abc
09-07 06:51 PM
Put the year also to get an idea.
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gregspirited
03-25 02:18 PM
She will need to complete a 3 year waiver in medically underserved area or a 2 year home return before you can file for her adjustment of status(I-485).
We had faced a similar situation 3 years back and decided to go ahead with it since looking at the backlogs I am assuming with my PD of 2007 I am still way off from getting my GC.
So now my wife is completing her residency in June this year and has a waiver job lined up. Once/ If dates become current I will file for her I-485 after the waiver is complete.
If you need details then PM me.
Everyone has their own priorities and their own way of dealing with the situations.
Thanks for your response. I understand the process for J1 waiver and I have PD of Oct 2007 and hence not worried about including her in my 485 for now.
I'm more worried along the lines of her J1 visa stamping and problems at port of entry while returning to US. Since USCIS knows that I'm planning to immigrate to US (due to I-140) will they ask any questions or make her life difficult or reject her visa while stamping.
Did you wife go through J1 stamping when your I-140 was approved? Can you also provide your email id to know more about J1 waiver details in your case and how you handled it. It would be useful for us in another 3 years :-)
We had faced a similar situation 3 years back and decided to go ahead with it since looking at the backlogs I am assuming with my PD of 2007 I am still way off from getting my GC.
So now my wife is completing her residency in June this year and has a waiver job lined up. Once/ If dates become current I will file for her I-485 after the waiver is complete.
If you need details then PM me.
Everyone has their own priorities and their own way of dealing with the situations.
Thanks for your response. I understand the process for J1 waiver and I have PD of Oct 2007 and hence not worried about including her in my 485 for now.
I'm more worried along the lines of her J1 visa stamping and problems at port of entry while returning to US. Since USCIS knows that I'm planning to immigrate to US (due to I-140) will they ask any questions or make her life difficult or reject her visa while stamping.
Did you wife go through J1 stamping when your I-140 was approved? Can you also provide your email id to know more about J1 waiver details in your case and how you handled it. It would be useful for us in another 3 years :-)
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rakesh_one
03-20 03:25 PM
I believe, you dont have choice but to go with EB3 of the new company. That way, you will still be in US and EB3 (India) is not going to be bad going forward as it crossed major hurdle of April'01. With April 08 bulletin, everyone learned that unused visas flow into different categories. So pretty soon, EB3 ROW will be current and there wouldnt be many people to use all of them. They will flow into EB3 India.
I needed some advice on this situation I've found myself in.
I have a PERM application filed with my current employer (EB2, Oct 2007). Like most EB2 apps, mine is under a business necessity audit and we have filed an audit response for it. My lawyers are pretty sure that we will clear the audit. Guessing from , the response may be 2-3 months away.
Now I have a second offer from another company. Everything about the job and company is better than my current, but the legal team at this second company says that they will only file in EB3 (even though the job requirement says Bachelors + 8 yrs). They say that they have other EB2 audits going on and have made it a policy to only do EB3 going forward.
I'm on the 5th year of my H1 (don't ask, had a PD of 2005, caught up in BEC and got laid off last May) and this probably will be the last chance for me to change jobs before I cool my heels and wait for the repercussions of the July Fiasco to be over with.
I can't decide of weather to keep my existing EB2 job or take the new offer and step down to EB3.
Please help!
I needed some advice on this situation I've found myself in.
I have a PERM application filed with my current employer (EB2, Oct 2007). Like most EB2 apps, mine is under a business necessity audit and we have filed an audit response for it. My lawyers are pretty sure that we will clear the audit. Guessing from , the response may be 2-3 months away.
Now I have a second offer from another company. Everything about the job and company is better than my current, but the legal team at this second company says that they will only file in EB3 (even though the job requirement says Bachelors + 8 yrs). They say that they have other EB2 audits going on and have made it a policy to only do EB3 going forward.
I'm on the 5th year of my H1 (don't ask, had a PD of 2005, caught up in BEC and got laid off last May) and this probably will be the last chance for me to change jobs before I cool my heels and wait for the repercussions of the July Fiasco to be over with.
I can't decide of weather to keep my existing EB2 job or take the new offer and step down to EB3.
Please help!
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sukhyani
01-26 07:44 PM
Hey guys, I received this notice in the mail from USCIS asking me to appear for "Initial" interview for further processing of my I485. Can someone please throw some light on what that might involve?
My PD is 09/04, June 07 Filer and had an RFE back in Septmeber.
Please reply.
My PD is 09/04, June 07 Filer and had an RFE back in Septmeber.
Please reply.
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Refugee_New
08-02 12:46 PM
I suppose your pd has been current for a while now. are you stuck in name check ? do you know why your 485 approval is taking so long ? I'd say you should be getting your GC rather than the ead card.
And why does your public profile say Labor Approval Date: 05/10/2005 where as in your post you say PD is Feb 2002.
Labor filed date is Feb 2002. Thats is what called PD. Fortunately it took only 3.8 yrs to get my LC approval. Some poor souls got their LC approval in 4 yrs and 5yrs.
I don't know if you heard about PBEC and DBEC. I am one of the victims of backlog elimination center.
Anyway my name check is still pending. But if they really implement this 180 day rule, my case is good to go.
And why does your public profile say Labor Approval Date: 05/10/2005 where as in your post you say PD is Feb 2002.
Labor filed date is Feb 2002. Thats is what called PD. Fortunately it took only 3.8 yrs to get my LC approval. Some poor souls got their LC approval in 4 yrs and 5yrs.
I don't know if you heard about PBEC and DBEC. I am one of the victims of backlog elimination center.
Anyway my name check is still pending. But if they really implement this 180 day rule, my case is good to go.
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rkrit07
07-17 05:42 PM
Yep We Nailed Them, Hatsoff To Iv, Aila, Whoever Ar Einvobed, Including Protesotrs, And My 10000000000000000000000000000000000000000000000000 000000000000000000 Cheers To The Great Gandhi, Whose Way Is Still The Best Way To Achieve Anything
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ca_immigrant
01-16 07:57 PM
Folks, there is thought that keeps coming to mind about where to go back in India when we finally plan to...
When we came in 2002 we did think that we will go back in a couple of years at the most....but it's been longer...we definately love it hear but think that should settle down in India rather for multiple reasons (mostly personal reasons)
I am from a small town in India and it is definately not a IT hub, my wife is from Mumbai and we think it is now too crowded (as always -:) or say to hectiv a life in Mumbai....
so then which is the best place to go ...Pune ? I hear that even that is very crowded and not to mention the sky rocketing real estate....
We have 2 kids...one 6 years and the younger one ...one year....
How is schooling back home ? I hear that the studies for the school there are much more difficult compared to here ? I mean can kids going from here cope up there in schools ?
I also hear that there are foreign schools....for which I might have to continue working here to pay the fees -;)
Thoughts friends ?
I am in the software industry (Business Inteligence)
When we came in 2002 we did think that we will go back in a couple of years at the most....but it's been longer...we definately love it hear but think that should settle down in India rather for multiple reasons (mostly personal reasons)
I am from a small town in India and it is definately not a IT hub, my wife is from Mumbai and we think it is now too crowded (as always -:) or say to hectiv a life in Mumbai....
so then which is the best place to go ...Pune ? I hear that even that is very crowded and not to mention the sky rocketing real estate....
We have 2 kids...one 6 years and the younger one ...one year....
How is schooling back home ? I hear that the studies for the school there are much more difficult compared to here ? I mean can kids going from here cope up there in schools ?
I also hear that there are foreign schools....for which I might have to continue working here to pay the fees -;)
Thoughts friends ?
I am in the software industry (Business Inteligence)
xiaomatu
06-05 06:37 PM
I think my question is: is it possible for USCIS to review the case and change the decision they made after approval? Thanks.
bekugc
03-31 11:33 AM
previously when entering on AP, they used to ask for receipt of 485.
so main proof they look for is a valid 'inprogress' 485 appln.
i dont think theyll ask ur wife to show her EAD card at the port of entry.
to be safe, give her a cpy of 485 reciept, a copy of the receipt for the new EAD, and carry the old ead card. i think u shud be fine.
having valid , nonlapsed EAD cards is probably only imp for those who are USING the ead. if ur wife is not working and if her ead arrves few weeks late, it wont matter as long as u have applied for its renewal and have proof of it.
this shud be an easy qn for ur attorney.
so main proof they look for is a valid 'inprogress' 485 appln.
i dont think theyll ask ur wife to show her EAD card at the port of entry.
to be safe, give her a cpy of 485 reciept, a copy of the receipt for the new EAD, and carry the old ead card. i think u shud be fine.
having valid , nonlapsed EAD cards is probably only imp for those who are USING the ead. if ur wife is not working and if her ead arrves few weeks late, it wont matter as long as u have applied for its renewal and have proof of it.
this shud be an easy qn for ur attorney.
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