eager_immi
07-19 05:24 PM
She should go on h4. If she wants her ead she can file once you get AOS receipt No. unless u alreaqy filed for it. If u already filed for her ead you should still wait for her to quit her h1 job till the ead comes through.
Can someone give me answer for the second question:
2. My spouse's AOS was filed with mine as dependent. She has a H1 of her own and is working. Now, after the I485 receipt comes back, if she leaves her job, will she be in status (or does she need to move to H4? I'll stay on H1 and won't invoke EAD unless necessary). My understanding is, with the receipt, she is in status no matter what (unless the I485 gets denied).
Can someone give me answer for the second question:
2. My spouse's AOS was filed with mine as dependent. She has a H1 of her own and is working. Now, after the I485 receipt comes back, if she leaves her job, will she be in status (or does she need to move to H4? I'll stay on H1 and won't invoke EAD unless necessary). My understanding is, with the receipt, she is in status no matter what (unless the I485 gets denied).
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dval_dpal
12-27 02:21 PM
hello guys...
i'm about to spend 180k to open a business in month or so....am i eligible for this?
thank you for your inputs..
i'm about to spend 180k to open a business in month or so....am i eligible for this?
thank you for your inputs..
gsc999
06-26 12:16 PM
Harry Reid will use "CLAY PIGEON" maneuver, a rarely used tool to expedite the passage of the immigration bill. More later when Senate reconvenes @ 2:15 ET
What is Clay Pigeon:
"The tactic gets its name from the target used in skeet shooting, which explodes into bits as it is hit. In the Senate, an amendment is the target, and any one senator can demand that it be divided into separate fragments to be voted on piecemeal.
Under the tentative plan, Reid as early as Friday would launch his target _ an amendment encompassing all 22 proposals _ and shoot it into its component pieces. The Senate would then vote on ending debate on the immigration measure, which would take 60 votes and limit discussion of the bill to 30 more hours. After that interval, all 22 amendments would have to be voted on, with little opportunity for foes to interfere."
http://news.aol.com/elections-blog/2...geon-maneuver/
What is Clay Pigeon:
"The tactic gets its name from the target used in skeet shooting, which explodes into bits as it is hit. In the Senate, an amendment is the target, and any one senator can demand that it be divided into separate fragments to be voted on piecemeal.
Under the tentative plan, Reid as early as Friday would launch his target _ an amendment encompassing all 22 proposals _ and shoot it into its component pieces. The Senate would then vote on ending debate on the immigration measure, which would take 60 votes and limit discussion of the bill to 30 more hours. After that interval, all 22 amendments would have to be voted on, with little opportunity for foes to interfere."
http://news.aol.com/elections-blog/2...geon-maneuver/
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amsgc
05-07 10:12 PM
I wish the USCIS took this out as a requirement for AC21. Then life would be sweet!
from AC21 memo issued on December 27, 2005
Question 14. Must the alien have a new offer of employment at the time the I-485 is being adjudicated under the I-140 portability provisions?
Answer: Yes. The alien cannot still be looking for �same or similar� employment at the time the I-485 is being adjudicated under the adjustment portability provisions. The alien must be able to show there is a new valid offer of employment at the time the I-485 is adjudicated.
So find a new job before I-485 is approved.
from AC21 memo issued on December 27, 2005
Question 14. Must the alien have a new offer of employment at the time the I-485 is being adjudicated under the I-140 portability provisions?
Answer: Yes. The alien cannot still be looking for �same or similar� employment at the time the I-485 is being adjudicated under the adjustment portability provisions. The alien must be able to show there is a new valid offer of employment at the time the I-485 is adjudicated.
So find a new job before I-485 is approved.
more...
eb3retro
03-15 01:15 PM
Filing 485 during visa unavailability, should not be the concern in this bill. Why our people are worrying about filing AOS when visa number unavailable? Man, this should not be our concern at all. Our main concern should be reinstating the AC21 provision that allow the oversubscribed countries to use excess visas in each EB category. Specter removed very important provision that eliminate per country limit in EB visas for oversubscribed countries. This is a big blow to India, China. It will stop all the benefits from this bill.
If the current form of specter bill passes, there is no benefit to any of us. If EB visa increased to 290K, excluding dependents from counting from FY 2001, recapturing unused visa from 2001 to 2005, and excluding EB1 (OR+EA) and EB2 (MS+3) from count, that drastically increase the visa numbers. The increase is unimaginable, and I feel that it will be about 4 to 5 times than current 140K numbers. If all the listed provisions appears in the final bill, the visa number will always be �current� for all countries for many years, provided AC21 (elimination of per country limit if demand is less than supply) reinstated. If this happens, no one needs to worry about filing AOS when visa number unavailable. That situation never arises.
If current form of Specter bill passes, all the new numbers created thro above listed provisions, will not give any benefit to India/China. DOS simply say per country limit is 10% only no matter what. Remember that, 10% is total of FB+EB numbers. (480000+290000). India and China FB numbers are also heavily backlogged. Therefore our main concern is to reinstate AC21 provision not filing AOS, and keep pressure to keep the listed provisions (EB visa increased to 290K, excluding dependents from counting from FY 2001, recapturing unused visa from 2001 to 2005, and excluding EB1 (OR+EA) and EB2 (MS+3)) in the final bill
this person is bringing some valid points to ponder. People please go through her posting and i agree with her regarding the numbers is still 10% only for india. we need to fight for removing the per country limit, or else, we may probably be in this retrogression mess for quite sometime.
If the current form of specter bill passes, there is no benefit to any of us. If EB visa increased to 290K, excluding dependents from counting from FY 2001, recapturing unused visa from 2001 to 2005, and excluding EB1 (OR+EA) and EB2 (MS+3) from count, that drastically increase the visa numbers. The increase is unimaginable, and I feel that it will be about 4 to 5 times than current 140K numbers. If all the listed provisions appears in the final bill, the visa number will always be �current� for all countries for many years, provided AC21 (elimination of per country limit if demand is less than supply) reinstated. If this happens, no one needs to worry about filing AOS when visa number unavailable. That situation never arises.
If current form of Specter bill passes, all the new numbers created thro above listed provisions, will not give any benefit to India/China. DOS simply say per country limit is 10% only no matter what. Remember that, 10% is total of FB+EB numbers. (480000+290000). India and China FB numbers are also heavily backlogged. Therefore our main concern is to reinstate AC21 provision not filing AOS, and keep pressure to keep the listed provisions (EB visa increased to 290K, excluding dependents from counting from FY 2001, recapturing unused visa from 2001 to 2005, and excluding EB1 (OR+EA) and EB2 (MS+3)) in the final bill
this person is bringing some valid points to ponder. People please go through her posting and i agree with her regarding the numbers is still 10% only for india. we need to fight for removing the per country limit, or else, we may probably be in this retrogression mess for quite sometime.
/Deportes/Surf/slides/Wallpapers%2520Surfing0241280.jpg "Fondos Surf - Wallpapers")
SAP
04-07 03:36 PM
Folks,
can i invoke a AC21 on future gc..I did not work for this company, i am tired of my current company, they have exploited me and my personality is changing and i forgotten to live life, want to port and move on to a new company ? is AC21 on future GC consider legal or fraud.?
Future GC labor PD : Dec 2002
Category: EB3.
I140 : approved 2004
I485: RFE on expired medicals; new medicals submitted.
EAD/AP : so far five renewals( though i did not use EAD i did use AP for travel)
Will a letter from the future GC compnay stating the position is no longer availablle due to this enormous amount of time suffice ?
your postive comments and if you have been in this situation pls tell me how you managed.
Thanks
SAP
can i invoke a AC21 on future gc..I did not work for this company, i am tired of my current company, they have exploited me and my personality is changing and i forgotten to live life, want to port and move on to a new company ? is AC21 on future GC consider legal or fraud.?
Future GC labor PD : Dec 2002
Category: EB3.
I140 : approved 2004
I485: RFE on expired medicals; new medicals submitted.
EAD/AP : so far five renewals( though i did not use EAD i did use AP for travel)
Will a letter from the future GC compnay stating the position is no longer availablle due to this enormous amount of time suffice ?
your postive comments and if you have been in this situation pls tell me how you managed.
Thanks
SAP
more...
mundram
04-20 12:03 PM
Recently, I was in the similar situation but with H4 dependents.
Here was the response from my lawyer:
"the I-94 card should reflect that date. What I would like them to do is go to their local port of entry (probably airport), to have the I-94 cards corrected. It does not need to be the same airport that they entered through."
The airport authorities easily updated the "until" date. However, they told me that the system recognizes the exit date based on the visa validity date. But safe to get it updated from your local airport.
Here was the response from my lawyer:
"the I-94 card should reflect that date. What I would like them to do is go to their local port of entry (probably airport), to have the I-94 cards corrected. It does not need to be the same airport that they entered through."
The airport authorities easily updated the "until" date. However, they told me that the system recognizes the exit date based on the visa validity date. But safe to get it updated from your local airport.
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CRAZYMONK
01-11 02:29 PM
I sent you a private message. Pls check
more...
nashim
07-15 03:42 PM
Hi Gurus,
1) Is it possible to have 2 different I-485 with 2 different employers at the same time?
I already have an EB3 I-485 pending through my current employer. I have EB2, I-140 approval with future employer,
2) Is it possible to file second EB2 I-485 through my future employer?
3) If file second 485, what will be affect on pending I-485?
Thanks
1) Is it possible to have 2 different I-485 with 2 different employers at the same time?
I already have an EB3 I-485 pending through my current employer. I have EB2, I-140 approval with future employer,
2) Is it possible to file second EB2 I-485 through my future employer?
3) If file second 485, what will be affect on pending I-485?
Thanks
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srarao
07-14 08:49 AM
I see lot of mails asking the Core team to come up with some info.
They are also guys like us and they are good to work for us .
If they have any info it is on the site.
Let us not drag them in every discusssion.
Let them do their job.
-Rao.
They are also guys like us and they are good to work for us .
If they have any info it is on the site.
Let us not drag them in every discusssion.
Let them do their job.
-Rao.
more...
desi3933
02-19 10:57 AM
Great piece of info, dude! :)
Just an additional question, what happens if the parents are in the I-485 applied stage and the baby is born outside of US ?
I would call it expensive mistake.
The child has to apply for immigrant visa as follow-to-join, unless, of course, if child is still eligible for H4 visa. In that case, he/she can file for I-485 in the US if the PD is still current.
______________________
Not a legal advice.
US citizen of Indian origin
Just an additional question, what happens if the parents are in the I-485 applied stage and the baby is born outside of US ?
I would call it expensive mistake.
The child has to apply for immigrant visa as follow-to-join, unless, of course, if child is still eligible for H4 visa. In that case, he/she can file for I-485 in the US if the PD is still current.
______________________
Not a legal advice.
US citizen of Indian origin
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amitjoey
01-11 11:46 AM
Just so everybody understands:
This bill has been referred to the House Committee on the Judiciary on Jan 5th 2011.
This bill is in the first step in the legislative process. Introduced bills and resolutions first go to committees that deliberate, investigate, and revise them before they go to general debate. The majority of bills and resolutions never make it out of committee.
There have been a lot of bills in the previous years that have not made it to the floor.
IV can make it an action item if the bill comes out of the committee and is going to go on the floor for debate.
Members need to constantly educate lawmakers, approach the judiciary committe and tell them about the issues we face. Unless we educate and build pressure, these kind of bills will never come to the floor.
Venting or wishing for some bill to come on floor will not help. Talking to lawmakers in person, educating lawmaker's staff and building pressure to keep our issues alive is the only way forward.
This bill has been referred to the House Committee on the Judiciary on Jan 5th 2011.
This bill is in the first step in the legislative process. Introduced bills and resolutions first go to committees that deliberate, investigate, and revise them before they go to general debate. The majority of bills and resolutions never make it out of committee.
There have been a lot of bills in the previous years that have not made it to the floor.
IV can make it an action item if the bill comes out of the committee and is going to go on the floor for debate.
Members need to constantly educate lawmakers, approach the judiciary committe and tell them about the issues we face. Unless we educate and build pressure, these kind of bills will never come to the floor.
Venting or wishing for some bill to come on floor will not help. Talking to lawmakers in person, educating lawmaker's staff and building pressure to keep our issues alive is the only way forward.
more...
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franklin
07-21 03:14 PM
Please don't dilute IV's group efforts
There are 2 outstanding action items - have you completed them?
There are 2 outstanding action items - have you completed them?
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viper673
06-07 12:37 PM
Yes pending 485 at TSC.
The IRS can't produce transcripts older than 3 years.
There's a form you can fill out and pay $39/return and takes up to 60 days, but even on this one it says: "records older than 7 years may not be available as it's admissable by law that they be distroyed".
The IRS can't produce transcripts older than 3 years.
There's a form you can fill out and pay $39/return and takes up to 60 days, but even on this one it says: "records older than 7 years may not be available as it's admissable by law that they be distroyed".
more...
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sledge_hammer
02-09 03:44 PM
Please keep this thread alive ...
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tyson
01-11 11:38 AM
Guys: One way to get involved is to find Congressional candidates (especially Republicans) and educate them. If you really want to push them along, ask can you help with their campaign.
For example, Eddie Adams in the Tampa Bay Area, is more open to discussion than the current incumbent. And, if he can be found open to backing legislation to expedite the Green Card process; then this movement has a new friend.
He is certainly (like most Republicans) no friend of illegal immigration. But, he might be open to pressuring the USCIS to move the legal immigration applications along.
For example, Eddie Adams in the Tampa Bay Area, is more open to discussion than the current incumbent. And, if he can be found open to backing legislation to expedite the Green Card process; then this movement has a new friend.
He is certainly (like most Republicans) no friend of illegal immigration. But, he might be open to pressuring the USCIS to move the legal immigration applications along.
more...
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howzatt
11-14 01:17 PM
My wife's EAD has not yet been approved. It has been 92 days since the receive date. We had an infopass appointment today. I did not apply for EAD.
The officer we met with mentioned that the EAD is issued only after the biometrics are done. I highly doubt this is the norm. Our FP is scheduled for Nov 21st. he said that the service center will electronically send the photo/fp to nebraska. Only then can I expect to see any movement on the EAD application.
I have heard that your FP/biometrics does not have anything to with EAD. However, this officer gave us information that is totally contrary to what we have seen in recent times. He mentioned that this is the latest procedure. He suggested that we should schedule another infopass appointment only If we do not get the EAD 3-4 weeks after the biometrics.
Any inputs from people with similar experience?
The officer we met with mentioned that the EAD is issued only after the biometrics are done. I highly doubt this is the norm. Our FP is scheduled for Nov 21st. he said that the service center will electronically send the photo/fp to nebraska. Only then can I expect to see any movement on the EAD application.
I have heard that your FP/biometrics does not have anything to with EAD. However, this officer gave us information that is totally contrary to what we have seen in recent times. He mentioned that this is the latest procedure. He suggested that we should schedule another infopass appointment only If we do not get the EAD 3-4 weeks after the biometrics.
Any inputs from people with similar experience?
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munnu77
04-15 03:21 PM
Continue with the GC..The wmployer has to pay the salry on the GC only after your I 485 is approved. Wht i think, wht you are getting now has no connection with GC,
if they are decresing your salry, inform the DOL , you will be alright if ur decreased salry is more thn wht is required by the DOL.
Contact an attorney, i am sure there is a way out.
if they are decresing your salry, inform the DOL , you will be alright if ur decreased salry is more thn wht is required by the DOL.
Contact an attorney, i am sure there is a way out.
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sku
01-09 04:03 PM
Is this survey for only "those who lost a job while waiting for GC" or does it include anyone and everyone?
I think ?
Also I will add...Please add note who you are refering too who lost the job like family member, friend, co-worker Or someone else
I think ?
Also I will add...Please add note who you are refering too who lost the job like family member, friend, co-worker Or someone else
InTheMoment
08-13 10:58 AM
Hmm...that is an interesting trend. With TSC approving 485's left and right these days anything is possible at that super-center !
Yes, it is for TSC. And i did check . Thats how i realized they are approving AP and EAD for the early June filers. And i assumed my AP will be approved in couple of weeks. But never thought my July filed EAD will be tied along with my June filed 485. I don't see any AP or EAD approved for even early July filers in atleast for India.
Yes, it is for TSC. And i did check . Thats how i realized they are approving AP and EAD for the early June filers. And i assumed my AP will be approved in couple of weeks. But never thought my July filed EAD will be tied along with my June filed 485. I don't see any AP or EAD approved for even early July filers in atleast for India.
amsgc
09-02 01:11 AM
Thanks for collecting the data.
Assuming that:
- The above people also voted in the recent EB2I Poll (http://immigrationvoice.org/forum/forum5-all-other-green-card-issues/414123-poll-to-sample-pending-eb2-india-pds.html) and
- The ratio of EB2I applicants who post on IV to total EB2I applicants is 1:100
Then, the USCIS approved roughly 1500 apps today.
Also, since EB2-I was at 2002 a few months ago, it means that these are only spill over visas. If this year is like any of the previous years, then EB2-I should get another 10,000 or so. This should be enough (based on the recent poll) to flush out almost all EB2I 2004 and prior applications.
Immigration Voice:
NSC:
cokeraj Jun 2004
sjagadeesan Jun 2004
nni123 Aug 2004
Nashim (co-worker) Nov 2004
aachoo Dec 2004
kurtz_wolfgang Dec 2004
TSC:
ganesha Apr 2004
NolaIndian32 04.30.2004
inskrish May 2004
Tortoise May 2004
GCWhru (dependent) Sep 2004
lotus26 (dependent) Sep 2004
adriansquare (NIW) Oct 2004
GCNirvana Dec 2004
mpek Dec 2004
Service Center Unknown:
arav_m Dec 2004
Assuming that:
- The above people also voted in the recent EB2I Poll (http://immigrationvoice.org/forum/forum5-all-other-green-card-issues/414123-poll-to-sample-pending-eb2-india-pds.html) and
- The ratio of EB2I applicants who post on IV to total EB2I applicants is 1:100
Then, the USCIS approved roughly 1500 apps today.
Also, since EB2-I was at 2002 a few months ago, it means that these are only spill over visas. If this year is like any of the previous years, then EB2-I should get another 10,000 or so. This should be enough (based on the recent poll) to flush out almost all EB2I 2004 and prior applications.
Immigration Voice:
NSC:
cokeraj Jun 2004
sjagadeesan Jun 2004
nni123 Aug 2004
Nashim (co-worker) Nov 2004
aachoo Dec 2004
kurtz_wolfgang Dec 2004
TSC:
ganesha Apr 2004
NolaIndian32 04.30.2004
inskrish May 2004
Tortoise May 2004
GCWhru (dependent) Sep 2004
lotus26 (dependent) Sep 2004
adriansquare (NIW) Oct 2004
GCNirvana Dec 2004
mpek Dec 2004
Service Center Unknown:
arav_m Dec 2004
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