softcrowd
06-17 07:50 PM
I & My wife are working on H1-B visas currently. We two simulataneously started our Greencard process with our employers.
Both of us have a priority date of Sept 2006 & our EB category is Eb2. Both our labors got approved & applied for I-140s. My wife's I-140 got approved recently (from TSC) while Mine is still pending with NSC (Nebraska dates are behind).
A couple of months back, my current employer offered me a pre-aproved EB3 labor (from April 2004) & asked me to apply for I-140 (Substitute). He told me that once approved, I can port this EB3 2004 priority date onto my Eb2 I140. I applied for the same in premium processing, subsequently got an ability-to-Pay RFE and employer is working on providing audited financial statements from 2004.
Overall, we have 3 I-140s between me (2 pending) & my wife (1 Approved). Now that everything is current which one should we pick for applying I-485....This has become a big puzzle for us.
Here below is a snapshot of our status:
Me - EB2 (Sept 2006) - I-140 Pending
- EB3 (Apr 2004) - I-140 Pending (got RFE)
My wife - EB2 (Sept 2006) - I-140 Approved
Here are the options we could think of -
I know, the safest way is to apply I-485 to my wife's approved I-140. But with the DHS's forecast that retrogression is going to be back anytime around Spetember of this year, I am not sure if applying 485 based on a year 2006's date is any useful!! (We get EAD but we may be struck for years to get the green cards).
Is there an option for both of us to apply for I-485s (I will be dependent on my wife's application & my wife would be dependent on my application). If possible, this option gives us a safety net & also helps us in picking up the best. I know at some point, we have to choose between either of the I-485s but hopefully in a couple of months, we get clarity when both my I-140s are approved.
Or is it possible for me to apply for AOS on my pending EB2 2006 I-140 and then once my other Eb3 I-140 is also approved, Can I port the PDs while my I-485 is pending??
In essence, I am trying to find out a way to take advantage of 2004 Priority date I have (assuming Eb3 I-140 is approved).
Could you please help out, if you have any ideas!!
Both of us have a priority date of Sept 2006 & our EB category is Eb2. Both our labors got approved & applied for I-140s. My wife's I-140 got approved recently (from TSC) while Mine is still pending with NSC (Nebraska dates are behind).
A couple of months back, my current employer offered me a pre-aproved EB3 labor (from April 2004) & asked me to apply for I-140 (Substitute). He told me that once approved, I can port this EB3 2004 priority date onto my Eb2 I140. I applied for the same in premium processing, subsequently got an ability-to-Pay RFE and employer is working on providing audited financial statements from 2004.
Overall, we have 3 I-140s between me (2 pending) & my wife (1 Approved). Now that everything is current which one should we pick for applying I-485....This has become a big puzzle for us.
Here below is a snapshot of our status:
Me - EB2 (Sept 2006) - I-140 Pending
- EB3 (Apr 2004) - I-140 Pending (got RFE)
My wife - EB2 (Sept 2006) - I-140 Approved
Here are the options we could think of -
I know, the safest way is to apply I-485 to my wife's approved I-140. But with the DHS's forecast that retrogression is going to be back anytime around Spetember of this year, I am not sure if applying 485 based on a year 2006's date is any useful!! (We get EAD but we may be struck for years to get the green cards).
Is there an option for both of us to apply for I-485s (I will be dependent on my wife's application & my wife would be dependent on my application). If possible, this option gives us a safety net & also helps us in picking up the best. I know at some point, we have to choose between either of the I-485s but hopefully in a couple of months, we get clarity when both my I-140s are approved.
Or is it possible for me to apply for AOS on my pending EB2 2006 I-140 and then once my other Eb3 I-140 is also approved, Can I port the PDs while my I-485 is pending??
In essence, I am trying to find out a way to take advantage of 2004 Priority date I have (assuming Eb3 I-140 is approved).
Could you please help out, if you have any ideas!!
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Rockey
02-29 01:37 PM
Hello Gurus,
I have a strange situation, request advice, suggestions and ideas from expertise...,
My H1 B petition/I 94 is expiring on July 14th 2008, I need to apply for extenstion now. I have applied for 140 and 485 through another company B as future employee.
Now, I cannot show to my current company that i have applied for 140 and 485 and I need to extend H1.
In the H1 extension forms/questionaire there is a column asking if you have ever applied for 485 and 140, since i cannot disclose this to my current emp, can I just say 'No' to these questions. If I say No what would be the impact?
or Do we have to say 'Yes' Mandatorily else will it create problems??
Please show some light on this..
Reg
Rockey.
I have a strange situation, request advice, suggestions and ideas from expertise...,
My H1 B petition/I 94 is expiring on July 14th 2008, I need to apply for extenstion now. I have applied for 140 and 485 through another company B as future employee.
Now, I cannot show to my current company that i have applied for 140 and 485 and I need to extend H1.
In the H1 extension forms/questionaire there is a column asking if you have ever applied for 485 and 140, since i cannot disclose this to my current emp, can I just say 'No' to these questions. If I say No what would be the impact?
or Do we have to say 'Yes' Mandatorily else will it create problems??
Please show some light on this..
Reg
Rockey.
ronhira
09-14 08:23 AM
and who are you? some agent of a tracker website who just wants to create an unrest here by dividing between eb3 and eb3? Or r u a twin brother of tunnel rat? next time, try a with an authentic post, otherwise your effort is wasted....
btw, u have to have a service from vonage if you want to refer someone
Hello all,
Is there any california chapter esp in Nor Cal.
We have to unite EB3 Guys and strike hard!!!
I have heard that next bulletin might bring breaking news for EB3I community but still we cannot keep relying on VBs.
It is like going to Jyotish for knowing future.
EB2 Guys, you should also help us even though if you are getting GCs faster...
Please provide me information on California chapter. I have just joined IV.
I believe it is high time to fight back.
(btw if anybody wants to have vonage $24.99, please let me know. I can refer you)
btw, u have to have a service from vonage if you want to refer someone
Hello all,
Is there any california chapter esp in Nor Cal.
We have to unite EB3 Guys and strike hard!!!
I have heard that next bulletin might bring breaking news for EB3I community but still we cannot keep relying on VBs.
It is like going to Jyotish for knowing future.
EB2 Guys, you should also help us even though if you are getting GCs faster...
Please provide me information on California chapter. I have just joined IV.
I believe it is high time to fight back.
(btw if anybody wants to have vonage $24.99, please let me know. I can refer you)
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xyz
06-17 07:22 PM
Should you get immunizations done *before* you met the Dr?
If you have immunization records, you need to present to the Doctor. If you do not have records, Doctor will administer certain vaccines or will request blood work to test for the immunity against certain diseases such as Vericella, MMR, etc.
If you have immunization records, you need to present to the Doctor. If you do not have records, Doctor will administer certain vaccines or will request blood work to test for the immunity against certain diseases such as Vericella, MMR, etc.
more...
sanjose16
02-24 10:53 AM
I would appreciate if any one can answer my question
DallasBlue
09-08 02:09 AM
In the pursuit of happiness...
Join the DC Rally on Sept 18th.
with Presidential elections next year and new govt after that, there
is a greater chance that the legislative reform can happen only now
or after long time, may be like after 3 years. So act now or be
prepared to be in limbo for years ahead.
It is very important that we attened the rally and get ourselves out
of the probationary status that we are in. Probationary status both
in career and family life. The GC wait time could be 10
years if you have a PD of jan 2005 or later. Currently it looks like
we would be in this GC limbo for several more years unless we ACT NOW.
Imagine yourself living with the EAD/AP renewal, cannot really in all
trueness be able to work for and work on what you really want and
what your true potential is. Its just so nightmarish aaggghhh soooo
depressing... to remain in the same job designation and same
salary years ahead... for any person with self-esteem and self-
respect...
Lets get our Life back.
Are you not tired of this probationary life ? if you are tired of
AP/EAD renewals , If you have filed your 485 after 2-3 years of
wait , If you are stuck in FBI name check , if you are tired of
arbitraryness/randomness of USCIS's GC processing and approval...
This is the time to step up and help yourself.
Please step up and save yourself and your family from this waiting
game...
Lets get our American Dream !!
If any of you were/are still on the edge and still contemplating to
join.
Here is a piece of support from the popular law firms Shusterman,
Murthy, Greg Siskind and Oh law.
http://www.shusterman.com/
http://www.murthy.com/a_sep18.html
http://www.immigration-law.com/Archive%20XV.html
http://blogs.ilw.com/gregsiskind/2007/07/index.html
Let's move ahead from keying-in the computer keyboard with
frustration!! move ahead to get the much needed legislative reform.
This is going to be a histroic rally, be a part of it.
Lets get our American Dream !!
Lets protect our Dream!!
Dare to dream and care to achieve the dream!!
don't Let anyone tell you what not to dream !!
Lets protect our American dream!!
Lets get our American Dream !!
Lets make it happen!!
Lets go to DC to get GC!
Join the DC Rally on Sept 18th.
with Presidential elections next year and new govt after that, there
is a greater chance that the legislative reform can happen only now
or after long time, may be like after 3 years. So act now or be
prepared to be in limbo for years ahead.
It is very important that we attened the rally and get ourselves out
of the probationary status that we are in. Probationary status both
in career and family life. The GC wait time could be 10
years if you have a PD of jan 2005 or later. Currently it looks like
we would be in this GC limbo for several more years unless we ACT NOW.
Imagine yourself living with the EAD/AP renewal, cannot really in all
trueness be able to work for and work on what you really want and
what your true potential is. Its just so nightmarish aaggghhh soooo
depressing... to remain in the same job designation and same
salary years ahead... for any person with self-esteem and self-
respect...
Lets get our Life back.
Are you not tired of this probationary life ? if you are tired of
AP/EAD renewals , If you have filed your 485 after 2-3 years of
wait , If you are stuck in FBI name check , if you are tired of
arbitraryness/randomness of USCIS's GC processing and approval...
This is the time to step up and help yourself.
Please step up and save yourself and your family from this waiting
game...
Lets get our American Dream !!
If any of you were/are still on the edge and still contemplating to
join.
Here is a piece of support from the popular law firms Shusterman,
Murthy, Greg Siskind and Oh law.
http://www.shusterman.com/
http://www.murthy.com/a_sep18.html
http://www.immigration-law.com/Archive%20XV.html
http://blogs.ilw.com/gregsiskind/2007/07/index.html
Let's move ahead from keying-in the computer keyboard with
frustration!! move ahead to get the much needed legislative reform.
This is going to be a histroic rally, be a part of it.
Lets get our American Dream !!
Lets protect our Dream!!
Dare to dream and care to achieve the dream!!
don't Let anyone tell you what not to dream !!
Lets protect our American dream!!
Lets get our American Dream !!
Lets make it happen!!
Lets go to DC to get GC!
more...
Templarian
03-09 12:09 AM
You still have paint() event you can use to draw with. I once made a small image editor with it so it can't be too complicated to make a more advanced drawing type tool.
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nhfirefighter13
June 12th, 2005, 06:37 AM
Nice work, Josh. Congrats on the new toys!
One bit of constructive critisism though...you need more DOF on the strawberry, IMO. :)
One bit of constructive critisism though...you need more DOF on the strawberry, IMO. :)
more...
gk_2000
07-12 04:10 PM
Could anyone explain to me what this means (from aug visa bullettin):
Employment Third Preference Other Workers Category: Section 203(e) of the NACARA, as amended by Section 1(e) of Pub. L. 105-139, provides that once the Employment Third Preference Other Worker (EW) cut-off date has reached the priority date of the latest EW petition approved prior to November 19, 1997, the 10,000 EW numbers available for a fiscal year are to be reduced by up to 5,000 annually beginning in the following fiscal year. This reduction is to be made for as long as necessary to offset adjustments under the NACARA program. Since the EW cut-off date reached November 19, 1997 during Fiscal Year 2001, the reduction in the EW annual limit to 5,000 began in Fiscal Year 2002.
Employment Third Preference Other Workers Category: Section 203(e) of the NACARA, as amended by Section 1(e) of Pub. L. 105-139, provides that once the Employment Third Preference Other Worker (EW) cut-off date has reached the priority date of the latest EW petition approved prior to November 19, 1997, the 10,000 EW numbers available for a fiscal year are to be reduced by up to 5,000 annually beginning in the following fiscal year. This reduction is to be made for as long as necessary to offset adjustments under the NACARA program. Since the EW cut-off date reached November 19, 1997 during Fiscal Year 2001, the reduction in the EW annual limit to 5,000 began in Fiscal Year 2002.
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qasleuth
04-27 10:38 AM
Here is some info on RFEs in general
http://immigrationvoice.org/wiki/index.php/Request_For_Evidence
http://immigrationvoice.org/wiki/index.php/Request_For_Evidence
more...
justAnotherFile
03-21 11:57 PM
bump ^^
hot efore or after you brush?
parablergh
08-27 02:43 PM
[QUOTE=bin2000;764909]Dear all,
My employer filed H1B with extension of stay even though I was not physically present in USA on the day of filing.I was out of USA on June 15th due to personal reasons and they filed H1B on July 10th.
I had requested them not to file extension of stay since I was already out of USA.USCIS approved the petition with extension of stay(I-94 attached).I need to go for visa stamping now .Will this create any issues while stamping?
Hello,
If you are currently abroad, you should not run into any problems as you do not currently have status. You should be able to reenter the U.S. using the I-797 approval notice and your H-1B visa stamp (if still valid). If not, you will require a new visa stamp. Either way, you *should* not run into any problems.
If you are currently in the U.S., please note that the extension technically does not apply - i.e. your expiration date remains what it was previously. If your status has already expired, I would strongly suggest consulting someone more intimately familiar with the specifics of your case. The most likely scenario will involve you immediately departing the U.S. to reenter with the most recent approval notice and thus utilize the additional time requested.
My employer filed H1B with extension of stay even though I was not physically present in USA on the day of filing.I was out of USA on June 15th due to personal reasons and they filed H1B on July 10th.
I had requested them not to file extension of stay since I was already out of USA.USCIS approved the petition with extension of stay(I-94 attached).I need to go for visa stamping now .Will this create any issues while stamping?
Hello,
If you are currently abroad, you should not run into any problems as you do not currently have status. You should be able to reenter the U.S. using the I-797 approval notice and your H-1B visa stamp (if still valid). If not, you will require a new visa stamp. Either way, you *should* not run into any problems.
If you are currently in the U.S., please note that the extension technically does not apply - i.e. your expiration date remains what it was previously. If your status has already expired, I would strongly suggest consulting someone more intimately familiar with the specifics of your case. The most likely scenario will involve you immediately departing the U.S. to reenter with the most recent approval notice and thus utilize the additional time requested.
more...
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nmdial
08-21 01:57 PM
Prashanthi,
Thanks a lot for your prompt reply. I guess, there isn't really a sure way of ensuring J1 visa stamping given my situation.
Thanks a lot for your prompt reply. I guess, there isn't really a sure way of ensuring J1 visa stamping given my situation.
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fromnaija
09-01 04:52 PM
1) can my spouses h1b get 7th year extension based on this?
no
2) if not, can my spouse move to h4?
yes
no
2) if not, can my spouse move to h4?
yes
more...
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pappu
05-01 12:17 PM
http://www.freep.com/apps/pbcs.dll/article?AID=/20070501/NEWS01/70501019
check it out.......
reporter contact Pleeeeeeeez
You can find it if you spend a minute extra on the site and look at the contact us page.
Niraj Warikoo, Reporter, nwarikoo [at] freepress.com
check it out.......
reporter contact Pleeeeeeeez
You can find it if you spend a minute extra on the site and look at the contact us page.
Niraj Warikoo, Reporter, nwarikoo [at] freepress.com
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martinvisalaw
07-13 03:09 PM
It's hard to answer your question without more details, such as your current status. Company B can definitely file a new H-1B for you. Your current status will dictate whether you "need" to tell them about the earlier filing. However, having a prior petition filed might not have any negative impact, so you probably don't need to be nervous about telling Co. B.
more...
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gc_kaavaali
07-09 12:45 PM
thank you very much for all your replies.
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Blog Feeds
11-14 04:21 AM
Dallas-Fort Worth Immigration Lawyer Has Just Posted the Following:
“If we are truly going to fix a broken system, Congress will have to act”
The following is a statement from Lynn Tramonte, Deputy Director of America’s Voice:
We have entered a new chapter and a new phase in the immigration debate. Secretary Napolitano today laid out the framework for fixing the broken immigration system, and the solution is comprehensive immigration reform. Drawing on her years of experience on the southwest border, and her new role as the nation’s top homeland security official, she said that we need Congress to pass comprehensive immigration reform, and create immigration laws that truly work for our country.
Reform will secure the border, protect all workers, and require undocumented immigrants to register for legal status, pay fines and taxes, clear background checks, and get in line for citizenship. This will benefit all Americans by strengthening the rule of law, bringing in more taxpayers, cutting costs for enforcement, and making our nation’s borders stronger and safer. Now is the time for Congress to take the next step and pass legislation that would accomplish these goals.
As Secretary Napolitano pointed out, the American people support comprehensive immigration reform, and the debate we are about to engage in is not the same old debate. Law enforcement, labor, business, faith, and community leaders are all demanding comprehensive reform for our nation’s security, economy, workers, and families. We have a new President, who was elected because he promised to address important problems like this with practical solutions. We have a new Congress, with leaders who also promised change and progress to the American people.
The Secretary’s speech today was an important moment, but it was just the opening bell. It’s now time for Congress and the Administration to put serious muscle behind advancing the proposal – and it’s time for politicians of all political parties to set aside partisanship and demagoguery, and do what’s right for the country.
More... (http://dfwimmigrationlaw.clarislaw.com/proposed-immigration-laws/secretary-napolitano-makes-the-case-for-comprehensive-immigration-reform.php)
“If we are truly going to fix a broken system, Congress will have to act”
The following is a statement from Lynn Tramonte, Deputy Director of America’s Voice:
We have entered a new chapter and a new phase in the immigration debate. Secretary Napolitano today laid out the framework for fixing the broken immigration system, and the solution is comprehensive immigration reform. Drawing on her years of experience on the southwest border, and her new role as the nation’s top homeland security official, she said that we need Congress to pass comprehensive immigration reform, and create immigration laws that truly work for our country.
Reform will secure the border, protect all workers, and require undocumented immigrants to register for legal status, pay fines and taxes, clear background checks, and get in line for citizenship. This will benefit all Americans by strengthening the rule of law, bringing in more taxpayers, cutting costs for enforcement, and making our nation’s borders stronger and safer. Now is the time for Congress to take the next step and pass legislation that would accomplish these goals.
As Secretary Napolitano pointed out, the American people support comprehensive immigration reform, and the debate we are about to engage in is not the same old debate. Law enforcement, labor, business, faith, and community leaders are all demanding comprehensive reform for our nation’s security, economy, workers, and families. We have a new President, who was elected because he promised to address important problems like this with practical solutions. We have a new Congress, with leaders who also promised change and progress to the American people.
The Secretary’s speech today was an important moment, but it was just the opening bell. It’s now time for Congress and the Administration to put serious muscle behind advancing the proposal – and it’s time for politicians of all political parties to set aside partisanship and demagoguery, and do what’s right for the country.
More... (http://dfwimmigrationlaw.clarislaw.com/proposed-immigration-laws/secretary-napolitano-makes-the-case-for-comprehensive-immigration-reform.php)
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rolrblade
08-20 10:16 AM
I remember reading if you travel outside the country while your AP is pending, it will be considered abandoned and you may not receive approval or any refund.
Check with your attorney
This is unfortunately a little incorrect advise. H1B is a dual intent visa, which means it can be held TOGETHER with your AOS or 485.
As long as you use your H1B to travel, you are fine.
Have a good trip
Check with your attorney
This is unfortunately a little incorrect advise. H1B is a dual intent visa, which means it can be held TOGETHER with your AOS or 485.
As long as you use your H1B to travel, you are fine.
Have a good trip
hopefulgc
09-22 11:06 AM
you forgot one...
start a campaign to have USCIS count the time you spent waiting for GC to be counted towards the meaningless 5 yrs wait
After 4.5 years, you can file for Naturalization. You may want to keep a tab on which companies you worked for, period, pay etc starting from the day you entered in USA, keep copies of all previous W2 in safe place. Also, prepare a spreadsheet of when you were out of the country starting from the day you entered here. All the above will be required while filling up forms for naturalization.
Visit other forums/threads to see what is required and prepare for it. you have long time to go though.
Good luck.
GCCovet
start a campaign to have USCIS count the time you spent waiting for GC to be counted towards the meaningless 5 yrs wait
After 4.5 years, you can file for Naturalization. You may want to keep a tab on which companies you worked for, period, pay etc starting from the day you entered in USA, keep copies of all previous W2 in safe place. Also, prepare a spreadsheet of when you were out of the country starting from the day you entered here. All the above will be required while filling up forms for naturalization.
Visit other forums/threads to see what is required and prepare for it. you have long time to go though.
Good luck.
GCCovet
Blog Feeds
07-08 11:30 AM
Foreign nationals may obtain their green cards by marriage through a U.S. citizen or lawful permanent resident (LPR). If the marriage is less than two years old at the time residence is granted, the foreign national will receive conditional resident status. The actual conditional residence card will have a two year validity date. Individuals who obtained their resident status based on a marriage less than two years are required to file Form I-751 Petition to Remove Conditions 90 days prior to the expiration date on the conditional residence card. Once the conditions are removed, the conditional resident status becomes permanent.
The petition to remove conditions should be accompanied with evidence establishing the validity of the marriage since being granted conditional resident status. Supporting documentation of a valid marriage may include:
· Birth certificates of children,
· a copy of the rent/apartment lease,
· mortgage payments,
· joint filing of tax returns,
· utility bills evidencing both names,
· copies of pictures,
· itineraries or boarding passes,
· insurance coverage listing both names,
· joint bank accounts,
· driver’s licenses evidencing both names,
· letters from family regarding knowledge of the marriage (including envelopes with postmarks),
· receipts for items purchased together (ie: furniture),
· cards written to both for a holiday, birthday, anniversary.
Other documents accompanying the Form I-751 include:
· A copy of the conditional residence card,
· Two passport style photos for the applicant,
· A certified copy of any arrest record and disposition of the case (for individuals who have been arrested or detained),
· A money order payable to the U.S. Department of Homeland Security in the amount of $545 for filing fees.
Kraft & Associates will answer your questions on conditional resident status and permanent residence. Call us at 214-999-9999.
More... (http://feedproxy.google.com/~r/Immigration-law-answers-blog/~3/S_UHbgvBBao/)
The petition to remove conditions should be accompanied with evidence establishing the validity of the marriage since being granted conditional resident status. Supporting documentation of a valid marriage may include:
· Birth certificates of children,
· a copy of the rent/apartment lease,
· mortgage payments,
· joint filing of tax returns,
· utility bills evidencing both names,
· copies of pictures,
· itineraries or boarding passes,
· insurance coverage listing both names,
· joint bank accounts,
· driver’s licenses evidencing both names,
· letters from family regarding knowledge of the marriage (including envelopes with postmarks),
· receipts for items purchased together (ie: furniture),
· cards written to both for a holiday, birthday, anniversary.
Other documents accompanying the Form I-751 include:
· A copy of the conditional residence card,
· Two passport style photos for the applicant,
· A certified copy of any arrest record and disposition of the case (for individuals who have been arrested or detained),
· A money order payable to the U.S. Department of Homeland Security in the amount of $545 for filing fees.
Kraft & Associates will answer your questions on conditional resident status and permanent residence. Call us at 214-999-9999.
More... (http://feedproxy.google.com/~r/Immigration-law-answers-blog/~3/S_UHbgvBBao/)
