sathishav
02-18 10:16 PM
Which state are you from? Do they insist on Passport? In NC, if you have a valid drivers licence, all you need is a valid I797. They don't insist on the passport.
This is true at least as of Oct/nov 2010.
As the other member said, I have had no luch with phone/email from our embassy. Going in person "may" help, but since you mailed your application, they processing may be different.
won't hurt, if you go and check though.
This is true at least as of Oct/nov 2010.
As the other member said, I have had no luch with phone/email from our embassy. Going in person "may" help, but since you mailed your application, they processing may be different.
won't hurt, if you go and check though.
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GCard_Dream
06-29 03:58 PM
It is a shady practice. The main reason an employer wouldn't give you a copy of a I-140 is that if you were to leave company A and company B sponsors you for GC, you can keep your old priority date. But that is only possible if you can furnish a copy of approved I-140 to INS. It is such a stupid practice on part of INS to request the petitioner to provide a copy of something (like I-140) that they themselves approved and should already have a record of. But I don't think anyone expects any better from INS anyway.
I agree that it is a employer driven petition but the employer purposely holds the information back so that they have more control over the employees decision making ( specially if the employee is thinking about leaving the company).
This is not a shady practice. The employer had petitioned for a labor certification earlier to sponsor GC for an employee who might have left the company. Now they filled the position with you, so its perfectly alright to use the same petition for you.
As far as the documents are concerned, they are employer centric and they have no reason to give them to you. You will have nothing to do with those even if you get them. If the only purpose you want to solve is to know whether or not your labor and I40 were infact approved as your employer says, you should request your employer to show you a copy.
The copies are wothless to you if you leave the company anyways, before you get an EAD.
Don't heed the advise of people who ask you to find a better employer. Such people are only trying to get their own GCs faster, since there will be one less person with an earlier priority date.
I agree that it is a employer driven petition but the employer purposely holds the information back so that they have more control over the employees decision making ( specially if the employee is thinking about leaving the company).
This is not a shady practice. The employer had petitioned for a labor certification earlier to sponsor GC for an employee who might have left the company. Now they filled the position with you, so its perfectly alright to use the same petition for you.
As far as the documents are concerned, they are employer centric and they have no reason to give them to you. You will have nothing to do with those even if you get them. If the only purpose you want to solve is to know whether or not your labor and I40 were infact approved as your employer says, you should request your employer to show you a copy.
The copies are wothless to you if you leave the company anyways, before you get an EAD.
Don't heed the advise of people who ask you to find a better employer. Such people are only trying to get their own GCs faster, since there will be one less person with an earlier priority date.
seekerofpeace
09-11 10:11 PM
1 approved one pending so I voted. Actually I can vote for both "The approved" and "Awaiting Approval" polls...isn't that great....:(
SoP
SoP
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a_to_z_gc
10-24 04:10 PM
If the I-140 is approved, you mentioned that the EB category can be changed if the process is initiated from scratch. Does the new application has to be in same area of occupation as the one for which the previous 140 was approved?
Kindly advise...
Thanks!
Once H-1B extension is received, one gets all the luxuries like any other H-1B. You can change jobs any day you want. Having that said, there are few things you have to re-do. Get the H-1B stamped if you change jobs. You have to re-start the GC process from scratch, yet you get to keep the PD and at the same time can switch to any EB catagory.
Before LC PERM process started, people didn't change jobs as LC could take any where from 2 to 4 years and re-starting the GC process was just no brainer. Now, as it takes 45days or less (theoraticaly) people easily change jobs and get H-1 transferred as well as get new GC process started and get LC in 45 days and then I-140 approved (with premium processing) in another 2 weeks.
So you once you change jobs you can get to the same stage where you are in two months if you start GC process right-away.
For tips to the other readers.
Some employers has company policy where they support the H-1 transfer (financially also) and then one has to wait for 1 or 2 years before they initiate GC process. The mostly the excuse is "Budget is fixed for a year".
One can propose a solution to this. Ask them, "What if I pay for the charges incurred for GC process if they agree to initiate right away and when s/he finishes one year of employment, reimburse the charges"
This has worked in many cases as doing such bothe employer and employee gets best of both worlds.
Kindly advise...
Thanks!
Once H-1B extension is received, one gets all the luxuries like any other H-1B. You can change jobs any day you want. Having that said, there are few things you have to re-do. Get the H-1B stamped if you change jobs. You have to re-start the GC process from scratch, yet you get to keep the PD and at the same time can switch to any EB catagory.
Before LC PERM process started, people didn't change jobs as LC could take any where from 2 to 4 years and re-starting the GC process was just no brainer. Now, as it takes 45days or less (theoraticaly) people easily change jobs and get H-1 transferred as well as get new GC process started and get LC in 45 days and then I-140 approved (with premium processing) in another 2 weeks.
So you once you change jobs you can get to the same stage where you are in two months if you start GC process right-away.
For tips to the other readers.
Some employers has company policy where they support the H-1 transfer (financially also) and then one has to wait for 1 or 2 years before they initiate GC process. The mostly the excuse is "Budget is fixed for a year".
One can propose a solution to this. Ask them, "What if I pay for the charges incurred for GC process if they agree to initiate right away and when s/he finishes one year of employment, reimburse the charges"
This has worked in many cases as doing such bothe employer and employee gets best of both worlds.
more...
ajay
09-17 08:31 AM
I also was in the same situation when I came back from India and used AP.
singhsa3
08-14 10:52 PM
Employment Based (EB) Green Card (GC) Laws
• The yearly GC quota is 140K. This includes GC for spouse and children. On an average, GCs are given to ~60K families.
• Each country is allotted 7% (of 140K) GCs (equally distributed among EB-1, EB-2 and EB-3) plus any unused visa from other countries. For India, average numbers of EB GCs issued in last seven years were 32K (~12K families).
• As per USCIS Ombudsman report
o Between 2001-07, USCIS was not able process all applications and hence ~155K GCs went waste as unused GCs in a year can not be reused in following years. This was most likely due to resource constraints.
o The report estimates the submission of 500K-750K (yes 500K+) AOS applications between June 1 and August 17 2007.
o FBI security checks may be the single biggest obstacle to the timely and efficient delivery of immigration benefits.
• There were ~200K pending EB Adjustment of Status (AOS) or I-1485 applications as of June 1st.
• So far EAD renewal has been taking around 3 months. Due to the volume of applications, EAD renewal may take 3-9 months. Thus, you may have to apply for renewal more frequently.
• FBI security check backlog is likely to get worse, because the August USCIS fee increase has prompted a 50 percent rise in new naturalization applications so far this year.
• EB Immigration reform does not have enough support in Congress (failure of SKILL, STEM ..). As a matter of fact, it does not even get enough support to make it debatable, let alone final voting.
• The laws need to be changed and the process improved to fix the situation.
What does it mean?
• There will be around 1Million AOS/I-485) applications by Aug 17 which will take 1M/140K = 7+ years to clear the backlog. Thus, late priority dates will remain retrogressed for several years.
• Some, who could not file AOS by 08/17, may have to wait for several years (5+ years).
• Longer EAD/AP renewals cycle and 1 year validity may have the following affects.
o You will have to stop working, if your EAD is not renewed in time.
o Several employers (and rightly so) may view EAD as a temporary permit and may be reluctant to hire you.
• You have to be in the same position with same job responsibilities for an indefinite time period, otherwise your GC application will be rejected.
• If you were unmarried at the time of filing and planning to bring spouse to the USA upon marriage, you will need to continue on current status (e.g. H-1B) or wait till your PD become current.
Immigration Voice (IV) Executive and Legislative Efforts
• Lobbying is an efficient tool to influence law and rule making.
• IV was very active in lobbying for CIR 2006, which was passed in senate.
• IV grass-root effort (flower campaign + San Jose Rally) was an important reason for retraction of July Visa Bulletin.
• Due to upcoming presidential elections, next congress session in October’07 may be our only window of opportunity for several years to influence the lawmakers.
Your options: a) Struggle for several years b) Leave USA c) Help yourself by joining IV
http://immigrationvoice.org/media/forums/iv/WashingtonDC_IV_Rally_w_FactSheet.doc
• The yearly GC quota is 140K. This includes GC for spouse and children. On an average, GCs are given to ~60K families.
• Each country is allotted 7% (of 140K) GCs (equally distributed among EB-1, EB-2 and EB-3) plus any unused visa from other countries. For India, average numbers of EB GCs issued in last seven years were 32K (~12K families).
• As per USCIS Ombudsman report
o Between 2001-07, USCIS was not able process all applications and hence ~155K GCs went waste as unused GCs in a year can not be reused in following years. This was most likely due to resource constraints.
o The report estimates the submission of 500K-750K (yes 500K+) AOS applications between June 1 and August 17 2007.
o FBI security checks may be the single biggest obstacle to the timely and efficient delivery of immigration benefits.
• There were ~200K pending EB Adjustment of Status (AOS) or I-1485 applications as of June 1st.
• So far EAD renewal has been taking around 3 months. Due to the volume of applications, EAD renewal may take 3-9 months. Thus, you may have to apply for renewal more frequently.
• FBI security check backlog is likely to get worse, because the August USCIS fee increase has prompted a 50 percent rise in new naturalization applications so far this year.
• EB Immigration reform does not have enough support in Congress (failure of SKILL, STEM ..). As a matter of fact, it does not even get enough support to make it debatable, let alone final voting.
• The laws need to be changed and the process improved to fix the situation.
What does it mean?
• There will be around 1Million AOS/I-485) applications by Aug 17 which will take 1M/140K = 7+ years to clear the backlog. Thus, late priority dates will remain retrogressed for several years.
• Some, who could not file AOS by 08/17, may have to wait for several years (5+ years).
• Longer EAD/AP renewals cycle and 1 year validity may have the following affects.
o You will have to stop working, if your EAD is not renewed in time.
o Several employers (and rightly so) may view EAD as a temporary permit and may be reluctant to hire you.
• You have to be in the same position with same job responsibilities for an indefinite time period, otherwise your GC application will be rejected.
• If you were unmarried at the time of filing and planning to bring spouse to the USA upon marriage, you will need to continue on current status (e.g. H-1B) or wait till your PD become current.
Immigration Voice (IV) Executive and Legislative Efforts
• Lobbying is an efficient tool to influence law and rule making.
• IV was very active in lobbying for CIR 2006, which was passed in senate.
• IV grass-root effort (flower campaign + San Jose Rally) was an important reason for retraction of July Visa Bulletin.
• Due to upcoming presidential elections, next congress session in October’07 may be our only window of opportunity for several years to influence the lawmakers.
Your options: a) Struggle for several years b) Leave USA c) Help yourself by joining IV
http://immigrationvoice.org/media/forums/iv/WashingtonDC_IV_Rally_w_FactSheet.doc
more...
yabadaba
06-29 10:07 AM
^^^^
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manderson
04-23 10:12 AM
Thanks for all the info.. I have a eb3 pd of 5/2002.. So, will be a long wait till my turn..
u will get a copy of the approval notice directly from USCIS though.
u will get a copy of the approval notice directly from USCIS though.
more...
nk2
08-04 12:17 PM
My EB3 140 is pending from August 2007
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imranabdullah
07-23 06:08 PM
Gurus,
My employer and lawyer won't give me the Receipt notice of my I-485 which we filed on July 2nd. My employer did not let me file my EAD/AP as well.
Do I have any way of filing EAD/AP on my own without a copy of the receipt notice(after it is generated and sent to the lawyer)?
Someone told me that Fingerprinting notice that we get looks just like I-485 receipt notice and has all the information in there. Can we use a copy of that notice in place of I-485 RN?
The application instructions for I-765 mention that we need to submit "I-485 receipt notice OR any other proof that I-485 is pending"
Any one?
I dont think any July 2nd filer got receipt notices as of yet. Atleast I havent seen anyone in any of the forums.
My employer and lawyer won't give me the Receipt notice of my I-485 which we filed on July 2nd. My employer did not let me file my EAD/AP as well.
Do I have any way of filing EAD/AP on my own without a copy of the receipt notice(after it is generated and sent to the lawyer)?
Someone told me that Fingerprinting notice that we get looks just like I-485 receipt notice and has all the information in there. Can we use a copy of that notice in place of I-485 RN?
The application instructions for I-765 mention that we need to submit "I-485 receipt notice OR any other proof that I-485 is pending"
Any one?
I dont think any July 2nd filer got receipt notices as of yet. Atleast I havent seen anyone in any of the forums.
more...
simple1
05-11 06:49 PM
desi3933,
Only if "if not otherwise entitled to an immigrant status and the immediate issuance of a visa under subsection (a), (b), or (c) of this section"
In this case they are eligible for FB2A. So it nullifies that.
again “respective subsection” is not referring to primary’s subsection.
same status = parolee, denied etc.
same order of consideration = PD order.
respective subsection=the respective/related/corresponding subsection of derivative not the primary.
This point was already discussed on member's and donor's thread with same subject.
Member thread: http://immigrationvoice.org/forum/showthread.php?t=25432
Donor thread: http://immigrationvoice.org/forum/showthread.php?p=340449
This thread is for lawyer's thoughts. I appreciate you post your thoughts on the above member/donor threads and let us keep this thread for Attorney only.
Thanks.
INA 203(d) Treatment of family members
A spouse or child as defined in subparagraph (A), (B), (C), (D), or (E) of section 1101(b)(1) of this title shall, if not otherwise entitled to an immigrant status and the immediate issuance of a visa under subsection (a), (b), or (c) of this section, be entitled to the same status, and the same order of consideration provided in the respective subsection, if accompanying or following to join, the spouse or parent.
This means that if primary beneficiary is using visa number from EB(2) classification then dependent(s) will also be using same classification as primary beneficiary (i.e. EB(2) in this example).
______________________
Not a legal advice
US citizen of Indian origin
Only if "if not otherwise entitled to an immigrant status and the immediate issuance of a visa under subsection (a), (b), or (c) of this section"
In this case they are eligible for FB2A. So it nullifies that.
again “respective subsection” is not referring to primary’s subsection.
same status = parolee, denied etc.
same order of consideration = PD order.
respective subsection=the respective/related/corresponding subsection of derivative not the primary.
This point was already discussed on member's and donor's thread with same subject.
Member thread: http://immigrationvoice.org/forum/showthread.php?t=25432
Donor thread: http://immigrationvoice.org/forum/showthread.php?p=340449
This thread is for lawyer's thoughts. I appreciate you post your thoughts on the above member/donor threads and let us keep this thread for Attorney only.
Thanks.
INA 203(d) Treatment of family members
A spouse or child as defined in subparagraph (A), (B), (C), (D), or (E) of section 1101(b)(1) of this title shall, if not otherwise entitled to an immigrant status and the immediate issuance of a visa under subsection (a), (b), or (c) of this section, be entitled to the same status, and the same order of consideration provided in the respective subsection, if accompanying or following to join, the spouse or parent.
This means that if primary beneficiary is using visa number from EB(2) classification then dependent(s) will also be using same classification as primary beneficiary (i.e. EB(2) in this example).
______________________
Not a legal advice
US citizen of Indian origin
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smuggymba
03-30 08:30 PM
Finally my PERM was filed today. I'm just praying everything gets approved smoothly.:D
The attorney said they are processing cases as of aug 2009. Fingers crossed.
The attorney said they are processing cases as of aug 2009. Fingers crossed.
more...
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Tantrik Swami
November 19th, 2004, 06:37 AM
I have exactly the same problem ... happened to me two days back ... i dont know what to do ... HELP ... and if you guys get a reply from Nikon ... please let me know ... thanks ...
PS.: I got my camera off the gray market ... so cant get any warranty claims ... :(
PS.: I got my camera off the gray market ... so cant get any warranty claims ... :(
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hpandey
08-04 01:07 PM
EB3 - I pending at TSC . RD - Aug 2nd 2007
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03-24 03:07 PM
Thanks for the news vinabath. You know what?
Indian cricket team won the world cup last night. They beat West Indies.
Congratulate Kapil, Srikanth, Ravi shastri, Gavaskar, Mohindar Amarnath and other team members.
Refugee_New, I consider this the mother of all jokes. After a long time, I had a good hearty laugh reading your post. Thanks buddy!!!
Indian cricket team won the world cup last night. They beat West Indies.
Congratulate Kapil, Srikanth, Ravi shastri, Gavaskar, Mohindar Amarnath and other team members.
Refugee_New, I consider this the mother of all jokes. After a long time, I had a good hearty laugh reading your post. Thanks buddy!!!
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admin
02-08 01:21 PM
lghtsplr,
Thanks for informing us about this. I have replied in that thread mentioning that we can set up web fax with the same content. Web faxes are very easy for users to send.
Siva
Thanks for informing us about this. I have replied in that thread mentioning that we can set up web fax with the same content. Web faxes are very easy for users to send.
Siva
more...
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learning01
05-10 11:48 AM
immi2006
That's what we need to do in these forums.
You see, I tried to follow the second link; it didn't work. I tried the first link. It took me to a web site that is totally disorganized and poorly built; I dont have time to navigate and see what you posted about.
After this second corrected post, I follow the link. It is NOT about the CIR and the logjam; it is an attempt to arrive at an agreement to have a working methodology to verify and check illegal immigrants.
Hence, my title: please read and post your opinion, instead of just posting thie links or the story.
That's what we need to do in these forums.
You see, I tried to follow the second link; it didn't work. I tried the first link. It took me to a web site that is totally disorganized and poorly built; I dont have time to navigate and see what you posted about.
After this second corrected post, I follow the link. It is NOT about the CIR and the logjam; it is an attempt to arrive at an agreement to have a working methodology to verify and check illegal immigrants.
Hence, my title: please read and post your opinion, instead of just posting thie links or the story.
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03-27 04:15 PM
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07-11 04:55 PM
Expecting help from Cheney ?:confused:
nit_sea
01-04 09:50 AM
I am under same situation . My wife got COS from H4 to F1 approved in US. But F1 Stamping in india got denied .
Can she apply again for COS to F1 after coming back in US on H4 ?
Can she apply again for COS to F1 after coming back in US on H4 ?
punjabi
07-31 02:56 PM
If she has been out of USA during her 6 years of H-1B, she can use that period for her H1B extension. It can give her an extra breathing space.
Also, for 180 days, she can stay in USA but I am not sure if these 180 days is from the date she last time entered in USA or from the day her visa ends.
I suggest you to consult a good attorney. It is suggested to spend some time and money on attorney and help her stay out of trouble.
Good luck.
Hello,
I have a question, this is about my mom's H1 B visa. Her H1B visa is about to expire in one month.(she had a maximum stay for 6 years). But my
.....
.....
through employment, but I don't see any for family based greencard process). Any help would be really appreciated.
Thank You.
Also, for 180 days, she can stay in USA but I am not sure if these 180 days is from the date she last time entered in USA or from the day her visa ends.
I suggest you to consult a good attorney. It is suggested to spend some time and money on attorney and help her stay out of trouble.
Good luck.
Hello,
I have a question, this is about my mom's H1 B visa. Her H1B visa is about to expire in one month.(she had a maximum stay for 6 years). But my
.....
.....
through employment, but I don't see any for family based greencard process). Any help would be really appreciated.
Thank You.
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