gcpool
03-14 09:22 AM
The thing that has to be remembered is that you have to mention is very clearly how you are availing the priority date and also quote the law.
File both the I-140 in the front. Put the argument all over the application. And dont forget to quote to law. Otherwise it will be returned back.
I think its possible but hire a very good lawyer to do it for you. Most of them dont know the law and dont even know how to handle such a case
There is a difference in tranferring the priority date and requesting to use an earlier application
First is when the second I-140 is going to be filed
Second is when you already have two I-140 and is planning to apply the 485
The first process is common and said to be proven. But the second is not very common.
But I have come to conclusion that both of them work.
Yes he can use earlier PD for EB2.
He can file I485 in EB2 by requesting recapturing priority date from EB3.
File both the I-140 in the front. Put the argument all over the application. And dont forget to quote to law. Otherwise it will be returned back.
I think its possible but hire a very good lawyer to do it for you. Most of them dont know the law and dont even know how to handle such a case
There is a difference in tranferring the priority date and requesting to use an earlier application
First is when the second I-140 is going to be filed
Second is when you already have two I-140 and is planning to apply the 485
The first process is common and said to be proven. But the second is not very common.
But I have come to conclusion that both of them work.
Yes he can use earlier PD for EB2.
He can file I485 in EB2 by requesting recapturing priority date from EB3.
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samswas
05-05 08:41 AM
Can anyone, who traveled on AP without an original copy of I-485 - Please help!
I'm traveling on AP, and I don't have the original I-485 receipt. I have a Copy of I-485 Receipt. My Original I-485 is with my attorney.
I will be taking all 3 Original copies of I-131 (AP's) approved.
Do I need the Original I-485?
Any thoughts?
I'm traveling on AP, and I don't have the original I-485 receipt. I have a Copy of I-485 Receipt. My Original I-485 is with my attorney.
I will be taking all 3 Original copies of I-131 (AP's) approved.
Do I need the Original I-485?
Any thoughts?
a1b2c3
09-23 06:07 PM
same issue nsc rejected one time second time accepted
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vdlrao
01-21 02:16 PM
Do I need Germany visa to travel on AP, to India via Germany with Lufthansa air lines.. Please let me know.
Thanks.
Thanks.
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dealsnet
02-26 10:31 AM
Don't give advise, if you are not sure.
Nobody can file AOS, if they are out of status.
If it was the case every one will make it that way.
Your advise is good, if she is in status. Filing I-485, AP, EAD ....ETC.
She need to consult a reputed immigration lawyer first before the marriage.
Out of status more than 6 months will trigger a ban from 3 to 10 years.
CONSULT A LAWYER.
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.
Nobody can file AOS, if they are out of status.
If it was the case every one will make it that way.
Your advise is good, if she is in status. Filing I-485, AP, EAD ....ETC.
She need to consult a reputed immigration lawyer first before the marriage.
Out of status more than 6 months will trigger a ban from 3 to 10 years.
CONSULT A LAWYER.
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.
watzgc
03-05 06:31 PM
Please help me out with my question.
My H1B Visa and I-94 thant came along with the paperwork is valid from 03/2006 thru 03/2009. this would be my 1st 3 years.
I reentered the country in 12/06 and my passport then was expiring by 05/07. So the immigration officer stamped the I-94 that i recieved in the flight, filled out the back of the card with my EAC # and Employer name and then wrote on the stamp
"H-1B
May-22-2007
(validity of ppt)"
i just saw this today 03/05/08....somebody please tell me they know what to do in this case....
1)should i leave the country and surrender it and pretend like nothing happened? would it be very risky?
2) should i inform my employer....i know they will freakout and ask me to stop working till this is sorted out
3) do i need to file for an extention?
4)do i need some sort of petition?
much appreciated
thanks,
smads
1. you have renew ur passport
2.file for extension quickly
one of my friend was in same situation and he did the same thing.
My H1B Visa and I-94 thant came along with the paperwork is valid from 03/2006 thru 03/2009. this would be my 1st 3 years.
I reentered the country in 12/06 and my passport then was expiring by 05/07. So the immigration officer stamped the I-94 that i recieved in the flight, filled out the back of the card with my EAC # and Employer name and then wrote on the stamp
"H-1B
May-22-2007
(validity of ppt)"
i just saw this today 03/05/08....somebody please tell me they know what to do in this case....
1)should i leave the country and surrender it and pretend like nothing happened? would it be very risky?
2) should i inform my employer....i know they will freakout and ask me to stop working till this is sorted out
3) do i need to file for an extention?
4)do i need some sort of petition?
much appreciated
thanks,
smads
1. you have renew ur passport
2.file for extension quickly
one of my friend was in same situation and he did the same thing.
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rock
03-14 06:01 PM
Is there any way we can track that I-140 is either revoked or not by the old employer?
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pmb76
05-08 03:22 PM
Ofcourse they deserve an H1-B visa. That what makes this country a great place to live ! Diversity of people and the freedom to choose what you do best in your career. That's why we are all here.
Software is easy. By the way I write device driver kernel code and I still think it is much easier compared to fashion modeling. Your kernel crashes - you look at the stack trace and create a patch - simple. As a fashion model you mess up on the ramp - you mess up millions of $s in advertisements and your entire career.
Most Engineers have this way of self-glorifying themselves which I kind of find rather lame. Your job is the easiest and you are overpaid. Wake up and smell the coffee ... or er Chai :)
Software is easy. By the way I write device driver kernel code and I still think it is much easier compared to fashion modeling. Your kernel crashes - you look at the stack trace and create a patch - simple. As a fashion model you mess up on the ramp - you mess up millions of $s in advertisements and your entire career.
Most Engineers have this way of self-glorifying themselves which I kind of find rather lame. Your job is the easiest and you are overpaid. Wake up and smell the coffee ... or er Chai :)
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jthomas
04-28 02:29 PM
Thanks for the info.
Are you presently working?
J Thomas
Travelled back from India today by continental flight from mumbai till newark non stop. My H1b is expiring on 19th june. Had a ISSUELESS entry. The guy asked your petition is valid only till 19th June. I replied I am going to file an extension. he said you will be needing to reenter the country after it. I said "yes, I know". He said he is going to give in I-94 valid till 29th june just in case if I have any issues. That is 10 more days after my petition is expring.
Guy was very nice and supporting. We shared some jokes . he notices that by passport has writing that If I take citizenship of any other country than I have to surrender the passport. he asked "india dont allow dual citizenship". I said "No". he replied "It sucks" and we laughed together.
My advice dont let current recession effect your trip. If you need any more information PM me. I will be happy to assist.
Also, just I wanted to share the information becuase many people seemed worried about this.
Good luck :) :) :) :)
Are you presently working?
J Thomas
Travelled back from India today by continental flight from mumbai till newark non stop. My H1b is expiring on 19th june. Had a ISSUELESS entry. The guy asked your petition is valid only till 19th June. I replied I am going to file an extension. he said you will be needing to reenter the country after it. I said "yes, I know". He said he is going to give in I-94 valid till 29th june just in case if I have any issues. That is 10 more days after my petition is expring.
Guy was very nice and supporting. We shared some jokes . he notices that by passport has writing that If I take citizenship of any other country than I have to surrender the passport. he asked "india dont allow dual citizenship". I said "No". he replied "It sucks" and we laughed together.
My advice dont let current recession effect your trip. If you need any more information PM me. I will be happy to assist.
Also, just I wanted to share the information becuase many people seemed worried about this.
Good luck :) :) :) :)
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gapala
09-05 10:01 PM
I guess, your picture was taken at local ASC. Call customer care asap and inform them about this mistake. If needed setup infopass and visit local office. Hope you will soon get it corrected from CIS
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roseball
04-03 02:49 PM
I have the RFE, it doesn't state the exact instead mentions 12 weeks from the date of this letter. And the date of the letter is Jan 8, 2008
Just have them reply to the RFE at the earliest...Usually, they take a few days after the deadline to re-process the case...They might consider your reply, even if its late by a few days, if they already did not take action/deny your petition....If they already denied your petition before the response reaches them, they you will have to file a MTR, which takes quite a while and also you cannot use I-485 benefits till a decision is made....Also, make sure a cover letter is sent along with the response mentioning the reason for the delay (like u said substantial changes to company financials)....Bottomline, reply at the earliest....Good luck.....
Just have them reply to the RFE at the earliest...Usually, they take a few days after the deadline to re-process the case...They might consider your reply, even if its late by a few days, if they already did not take action/deny your petition....If they already denied your petition before the response reaches them, they you will have to file a MTR, which takes quite a while and also you cannot use I-485 benefits till a decision is made....Also, make sure a cover letter is sent along with the response mentioning the reason for the delay (like u said substantial changes to company financials)....Bottomline, reply at the earliest....Good luck.....
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LostInGCProcess
06-17 04:04 PM
Hello,
While I understand that there is legal limit on number of times AC21 can be invoked assuming it for similar job transfer, but I was wondering if some one on this forum has changed job multiple times after 180 days of 485 filing.
My husband recently changed companies for same job profile after 180 days of filing 485 and having I140 approved, but now job is not what he initially expected (in fact lot different in terms of work and responsibility) , so he is now on lookout for another change in same profile.
His title in both jobs is Sr Software Engineer.
He is the primary applicant, and has 3 three years of H1-B extension. Is there any chances for RFE? His lawyer at current company did send AC21 letter to USCIS.
Also, my understanding is that: AC 21 need not be "INVOKED". Its "AUTOMATIC"...its a law, in place. I have seen so many threads here using the wrong terminology when it comes to AC 21. It is absolutely not necessary to (so called) "invoke" AC21. When you move to a different place you have to file AR-11 form and send it to USCIS...thats all you got to do. AC21 is automatically take care of.
Just my 1 cent :D
*Disclaimer*
I am not an attorney. Please take advice from an attorney. :cool:
While I understand that there is legal limit on number of times AC21 can be invoked assuming it for similar job transfer, but I was wondering if some one on this forum has changed job multiple times after 180 days of 485 filing.
My husband recently changed companies for same job profile after 180 days of filing 485 and having I140 approved, but now job is not what he initially expected (in fact lot different in terms of work and responsibility) , so he is now on lookout for another change in same profile.
His title in both jobs is Sr Software Engineer.
He is the primary applicant, and has 3 three years of H1-B extension. Is there any chances for RFE? His lawyer at current company did send AC21 letter to USCIS.
Also, my understanding is that: AC 21 need not be "INVOKED". Its "AUTOMATIC"...its a law, in place. I have seen so many threads here using the wrong terminology when it comes to AC 21. It is absolutely not necessary to (so called) "invoke" AC21. When you move to a different place you have to file AR-11 form and send it to USCIS...thats all you got to do. AC21 is automatically take care of.
Just my 1 cent :D
*Disclaimer*
I am not an attorney. Please take advice from an attorney. :cool:
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monkeyman
10-21 07:44 PM
You have taken a very risky proposition. The best bet is to talk to the lawyer and let him/her handle the situation. You could receive the RFE on 1 and on account of trying to mislead the USCIS may have some issues and could lead to a murky situation.
My friend's situation is even murkier - both him and his wife filed for I-485 (along with other documents). The hubby added his wife as dependent and the wife has added the hubby as dependent. So, they received two EADs each and two APs each. They also got 4 FP notices and when they went for FP the second time, the issue came to light. Now the two lawyers are trying to clear the issue - I am sure this is posted someplace in the forum.
Best bet is to talk to the lawyer.
My friend's situation is even murkier - both him and his wife filed for I-485 (along with other documents). The hubby added his wife as dependent and the wife has added the hubby as dependent. So, they received two EADs each and two APs each. They also got 4 FP notices and when they went for FP the second time, the issue came to light. Now the two lawyers are trying to clear the issue - I am sure this is posted someplace in the forum.
Best bet is to talk to the lawyer.
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gc_kaavaali
10-28 12:36 PM
I wish you and your family a happy deewaali....
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jmafonseca
November 9th, 2004, 09:11 AM
Hi all, my first post here. The forum has been truly useful so far and I'm glad to join today. I was one of those just lurking around but now I really need the feedback from D70 experts here since my 6 month old D70 won't work anymore overnight. I just put it back in the shock-proof case and it slept there, next morning it was no longer usable.
It seems like it's resetting constantly by itself. The MENU key shows the menu briefly and disappears, the last picture review button shows the last picture on the flash card briefly and also disappears.
When there's a card in it blinks the green light about once a second. Seems like it's really rebooting every second.
There is no display on the control LCD near the on/off switch. It is blank and does not show any traces of anything, just plain blank.
On the big LCD preview screen it is normally blank but like I said it does briefly display the last picture taken when you press review, but then disappears also at 1 second interval.
When the menu shows briefly after pressing MENU the movement keys do not affect the selection, all keys seem disabled during that brief period of time.
I've changed batteries, lenses, pushed every button and checked the lens socket connectors to see if anything looked strange - everything seems ok here. Tested the same batteries on another D70 and worked perfect just this morning.
It has taken no shocks or beating. It's a brand new D70 (6 months and a few days) and my retailer denies me warranty after 6 months - Murphy's Law applied to warranties says your equipment will break exactly after the warranty voids. I feel like I've been ripped off buying a refurbished piece for the price of a new one...but that's for another discussion.
I've written Nikon a few minutes ago but in the meantime I'd like to know if anyone here knows of a "keylock" switch or something that could disallow me access to the camera. Or could be a stuck reset switch or something like that. The menu shows and the internal mechanism is ok because it can read the last photo and displays readable stuff. The reset on the bottom of the camera does not seem ot reset anything, it just blanks the screen out briefly but then it goes back into an infinite reboot loop.
Help please!
Thanks and glad to join this forum.
It seems like it's resetting constantly by itself. The MENU key shows the menu briefly and disappears, the last picture review button shows the last picture on the flash card briefly and also disappears.
When there's a card in it blinks the green light about once a second. Seems like it's really rebooting every second.
There is no display on the control LCD near the on/off switch. It is blank and does not show any traces of anything, just plain blank.
On the big LCD preview screen it is normally blank but like I said it does briefly display the last picture taken when you press review, but then disappears also at 1 second interval.
When the menu shows briefly after pressing MENU the movement keys do not affect the selection, all keys seem disabled during that brief period of time.
I've changed batteries, lenses, pushed every button and checked the lens socket connectors to see if anything looked strange - everything seems ok here. Tested the same batteries on another D70 and worked perfect just this morning.
It has taken no shocks or beating. It's a brand new D70 (6 months and a few days) and my retailer denies me warranty after 6 months - Murphy's Law applied to warranties says your equipment will break exactly after the warranty voids. I feel like I've been ripped off buying a refurbished piece for the price of a new one...but that's for another discussion.
I've written Nikon a few minutes ago but in the meantime I'd like to know if anyone here knows of a "keylock" switch or something that could disallow me access to the camera. Or could be a stuck reset switch or something like that. The menu shows and the internal mechanism is ok because it can read the last photo and displays readable stuff. The reset on the bottom of the camera does not seem ot reset anything, it just blanks the screen out briefly but then it goes back into an infinite reboot loop.
Help please!
Thanks and glad to join this forum.
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chanduv23
05-28 03:51 PM
Heard this from our company lawyer .... uscis will issue RFE for all I-485 applications that are pending for a while to make sure the applicant still has the job offer. He got this from a very reliable source. I dont know how true it is...just sharing what I have heard.
RFE for employment verification seems to be common these days. As long as you are eligible to port jobs under AC21 - there is no need to worry if you used AC21.
RFE for employment verification seems to be common these days. As long as you are eligible to port jobs under AC21 - there is no need to worry if you used AC21.
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bob2007
07-25 11:34 AM
Any body experience filing un signed Labor Substitution?
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paskal
03-15 12:28 AM
In 1996 I joined a residency on J-1
1999-2001 i did a fellowship
2001-2003 another fellowship- needed special permission from ECFMG
2003 started a waiver job and I'm still in the same job in my 4th year.
Good job in a very nice metropolitan area.
Home residency requirement is 2 years
The new Conrad law is certainly better and should make things somewhat easier.
1999-2001 i did a fellowship
2001-2003 another fellowship- needed special permission from ECFMG
2003 started a waiver job and I'm still in the same job in my 4th year.
Good job in a very nice metropolitan area.
Home residency requirement is 2 years
The new Conrad law is certainly better and should make things somewhat easier.
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Abhinaym
04-24 11:53 AM
Anyone else get an update on their lottery?
sujith1
07-30 12:41 PM
Same situation happened to me - My status shows as card production ordered while hers have no update.
The sad part is that I m continuing on H1 while she is working on her EAD and needs it approved soon
The sad part is that I m continuing on H1 while she is working on her EAD and needs it approved soon
FinalGC
07-21 11:50 AM
bumping it....I need some links guys
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