vine93
03-15 01:37 AM
Faxed already.
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snathan
02-19 05:01 PM
hi,
Congrats on your marriage. If you are a U.S. Citizen and Husband entered the U.S. in a legal fashion (with a visa or any other LEGAL way) and can prove this, and if he has never been deported, or deported in absentia and has never committed a crime that would cause him inadmissible to the U.S, then you, the petitioner would file form I-130 for husband and at the same time he would file form I-485 to adjust status to a U.S. Permanent Resident. Both petitions would go together in one envelope to one location. Alternatively, you can file form I-130, wait for its approval, and once approved, your husband would need to file form I-485 to adjust status. I hope this clarifies a little bit? Good Luck.
Once again, if your husband has no criminal history and he entered U.S. legally, this is a straightforward case, assuming you can show the necessary income. Both form instructions explain how to do it and how to submit the applications.
Unfortunately her husband is an undocumented alien. He is not in legal status. So the case is not straight forward one.
Congrats on your marriage. If you are a U.S. Citizen and Husband entered the U.S. in a legal fashion (with a visa or any other LEGAL way) and can prove this, and if he has never been deported, or deported in absentia and has never committed a crime that would cause him inadmissible to the U.S, then you, the petitioner would file form I-130 for husband and at the same time he would file form I-485 to adjust status to a U.S. Permanent Resident. Both petitions would go together in one envelope to one location. Alternatively, you can file form I-130, wait for its approval, and once approved, your husband would need to file form I-485 to adjust status. I hope this clarifies a little bit? Good Luck.
Once again, if your husband has no criminal history and he entered U.S. legally, this is a straightforward case, assuming you can show the necessary income. Both form instructions explain how to do it and how to submit the applications.
Unfortunately her husband is an undocumented alien. He is not in legal status. So the case is not straight forward one.
GCplease
07-30 09:16 AM
Dear Experts and Attorneys:
Here is my situation:
My employment was terminated by my Manager (no reasons given on paper, and the reasons he gave me were not valid when I discussed with my previous manager even per the company policy)
I am in the process of finalizing between a couple of offers (Hopefully would be able to make a decision by sometime next week). My previous manager is trying to get me into his project after I explained my I-485 application status. My PD is Aug-06 (EB-3), I-140 pending.
My spouse is on H-4. My initial plan before all this drama (Initial withdrawal of July visa bulletin and employment termination), I got all my documents signed and ready to be sent out from my attorney's office.
After this sequence of events, the attorney refuses to submit my I-485 application (because it could be considered Fraud).
Now I need your expert advice on the following situations:
1. Would it be ideal to join the same company in a different department and ask the lawyer to file my I-485? Use the AC21 portability after 180 days of pending application?
2. I read somewhere that for me to use the AC21 portability, I need to be in the same profile and also same pay range that was approved on my initial labor application. Is it true? I am currently being offered 15K more than what I have been making till now.
3. I have 3 more years of H-1B left, so what are the chances of getting a new green card process started under EB-2, and port the Aug-06 priority date after the I-140 is approved? How long would you anticipate it would take for me to get to the I-485 stage? Just a ball park from the experience on the forum would be great!
I have been out of the job for the past 2 weeks. would it be a problem for me while applying for a new labor certification?
I greatly appreciate your responses.
Thank you.
These are just my views. Please do not take them as is. Check with an attorney.
1. Joining the same company would be ideal because you can continue your 485 process. Pay hike of 15 % will not be a problem. your attorney should be able to explain that in case there is a rfe. but make sure that the job title is the same.
2. For AC21 after 6 months, you should be in the same profile. Pay hike is okay I think. A normal 5 % will not be a problem, but 15 % may be. But I still think the attorney will be able to explain. Check with him
3. getting a new job and filing your perm labor and I-140 should be okay. If all goes well, you may reach the 485 stage in 6 months. But the question of retaining your priority date depends on your old company not revoking your current 140. If they do, you lose your old priority date. There will be a lot of uncertainities here. But becasu you still have another 3 years you can try this route.
4. 2 weeks without a job may not be that big of an issue.
Again, these are my personal views. Your attorney can explain things much more concretely.
Good luck.
Here is my situation:
My employment was terminated by my Manager (no reasons given on paper, and the reasons he gave me were not valid when I discussed with my previous manager even per the company policy)
I am in the process of finalizing between a couple of offers (Hopefully would be able to make a decision by sometime next week). My previous manager is trying to get me into his project after I explained my I-485 application status. My PD is Aug-06 (EB-3), I-140 pending.
My spouse is on H-4. My initial plan before all this drama (Initial withdrawal of July visa bulletin and employment termination), I got all my documents signed and ready to be sent out from my attorney's office.
After this sequence of events, the attorney refuses to submit my I-485 application (because it could be considered Fraud).
Now I need your expert advice on the following situations:
1. Would it be ideal to join the same company in a different department and ask the lawyer to file my I-485? Use the AC21 portability after 180 days of pending application?
2. I read somewhere that for me to use the AC21 portability, I need to be in the same profile and also same pay range that was approved on my initial labor application. Is it true? I am currently being offered 15K more than what I have been making till now.
3. I have 3 more years of H-1B left, so what are the chances of getting a new green card process started under EB-2, and port the Aug-06 priority date after the I-140 is approved? How long would you anticipate it would take for me to get to the I-485 stage? Just a ball park from the experience on the forum would be great!
I have been out of the job for the past 2 weeks. would it be a problem for me while applying for a new labor certification?
I greatly appreciate your responses.
Thank you.
These are just my views. Please do not take them as is. Check with an attorney.
1. Joining the same company would be ideal because you can continue your 485 process. Pay hike of 15 % will not be a problem. your attorney should be able to explain that in case there is a rfe. but make sure that the job title is the same.
2. For AC21 after 6 months, you should be in the same profile. Pay hike is okay I think. A normal 5 % will not be a problem, but 15 % may be. But I still think the attorney will be able to explain. Check with him
3. getting a new job and filing your perm labor and I-140 should be okay. If all goes well, you may reach the 485 stage in 6 months. But the question of retaining your priority date depends on your old company not revoking your current 140. If they do, you lose your old priority date. There will be a lot of uncertainities here. But becasu you still have another 3 years you can try this route.
4. 2 weeks without a job may not be that big of an issue.
Again, these are my personal views. Your attorney can explain things much more concretely.
Good luck.
2011 Bullet For My Valentine
green_card_curious
03-07 09:59 PM
gcformeornot: I dont know how to update my profile. I looked around options in my user id but didn't find anything like "update profile".
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webm
11-06 08:47 AM
I believe you are in New York. Next time try the direct flight from Mumbai to Newark. I heard thats the best my friend just tried it and he was going gaga about it. I am sure your inlaws can manage Chennai to Mumbai. What are the chances u can find someone who can speak Tamil ,Telgu in Mumbai than in Brussles or any other stopoever in Europe. :-)
Can we know which airline direct flight from Mumbai to Newark you mentioned something new or is it AirIndia??
Can we know which airline direct flight from Mumbai to Newark you mentioned something new or is it AirIndia??
JSimmivoice
01-22 08:21 PM
I was working for a Company A with whom I recently had my petition extended until this year Aug. Then I got laid off and then changed to Company B in Dec 09. But since then until now which is 6 weeks my current employer (his lawyer) has not filed my H1 to USCIS and going to do it shortly. But then Company A again want to rehire me now. One good thing is my Current I-797 petition is with Company A which is not revoked and is valid. But the bad news is they say I've been out of H1 Status since I left them in Dec and that would be a problem for them and for me to rehire me.
The Options Company A is giving me is to go out and get restamping done based on the current petition I have and agree/confess to Consulate that I was out of H1 status for 6 weeks and was under unauthorized employment (which I did not intent to break law as I only came to know a week back that my new employer has not filed the H1) and ask their forgiveness to come out clean. But under the current H1 weather I really don't want to risk going for restamping is one and revealing that I was out of status for 6 weeks which leave my chances of restamping slim.
So I'm really looking for an answer here from someone who either has went through my situation or someone with experience or a professional advice. Just let me know how can I join back Company A legally without going out of US to restamp?
The Options Company A is giving me is to go out and get restamping done based on the current petition I have and agree/confess to Consulate that I was out of H1 status for 6 weeks and was under unauthorized employment (which I did not intent to break law as I only came to know a week back that my new employer has not filed the H1) and ask their forgiveness to come out clean. But under the current H1 weather I really don't want to risk going for restamping is one and revealing that I was out of status for 6 weeks which leave my chances of restamping slim.
So I'm really looking for an answer here from someone who either has went through my situation or someone with experience or a professional advice. Just let me know how can I join back Company A legally without going out of US to restamp?
more...
mnq1979
09-21 07:38 AM
Hi Guys,
I am in tough spot. I was laid off from my GC sponsoring employer (A) in 2008 and joined another employer B . I did not do a AC21 notification. My dates are current and now I received an RFE to provide employment letter from current employer. The exact words of RFE are as follows:
"Submit a letter of employment attesting to applicant's current employment. This letter should be written on the company's official letterhead, citing the date the applicant began working, if a permanent full time position, the position offered, the position the applicant is currently working and the salary offered. Include corroborating evidence such as recent pay stubs, income tax returns, with all W2s or other evidence as appropriate. "
Now I am not working for original GC employer. I don't have a problem providing above from my current employer B. But whether the EVL should also mention that I am not working for GC sponsoring employer and that my current employers job profile is in same classification as previous based on AC21. Do I mention about the AC21 also in the letter? My current employer's attorneys are not that great but my current employer only wants me to use their own attorney.
Now here is the situation:
I have a job offer from another employer (Employer C) and they are in the middle of doing a H-1 transfer. In fact by tomorrow they will file the H1 paperwork. Now I don't know whether I should provide the letter from my potential new employer C . In that case, I won't be able to provide W2 or pay stubs until I join them. I have an opportunity to use my own attorney here (like murthy, Ron Gothcer..)
OR
should I provide a letter from my current employer using their attorneys and whether or not I should mention about AC21 in the employment letter.
Thanks.
I am sorry i cannot answer ur question because i m not an expert in this broken immigration process but i have a question.
Can you tell if this is ur 1st RFE on I485 or did u receive any prior RFE's also?
Did ur wife also applied for the I485 with you or u applied alone?
thanks
I am in tough spot. I was laid off from my GC sponsoring employer (A) in 2008 and joined another employer B . I did not do a AC21 notification. My dates are current and now I received an RFE to provide employment letter from current employer. The exact words of RFE are as follows:
"Submit a letter of employment attesting to applicant's current employment. This letter should be written on the company's official letterhead, citing the date the applicant began working, if a permanent full time position, the position offered, the position the applicant is currently working and the salary offered. Include corroborating evidence such as recent pay stubs, income tax returns, with all W2s or other evidence as appropriate. "
Now I am not working for original GC employer. I don't have a problem providing above from my current employer B. But whether the EVL should also mention that I am not working for GC sponsoring employer and that my current employers job profile is in same classification as previous based on AC21. Do I mention about the AC21 also in the letter? My current employer's attorneys are not that great but my current employer only wants me to use their own attorney.
Now here is the situation:
I have a job offer from another employer (Employer C) and they are in the middle of doing a H-1 transfer. In fact by tomorrow they will file the H1 paperwork. Now I don't know whether I should provide the letter from my potential new employer C . In that case, I won't be able to provide W2 or pay stubs until I join them. I have an opportunity to use my own attorney here (like murthy, Ron Gothcer..)
OR
should I provide a letter from my current employer using their attorneys and whether or not I should mention about AC21 in the employment letter.
Thanks.
I am sorry i cannot answer ur question because i m not an expert in this broken immigration process but i have a question.
Can you tell if this is ur 1st RFE on I485 or did u receive any prior RFE's also?
Did ur wife also applied for the I485 with you or u applied alone?
thanks
2010 girlfriend Vincent Valentine
PD_Dec2002
07-05 10:29 PM
This is a very basic question and I need answer on this as early as possible and guidance from you.
I came to this country in Dec 2001 on H1B Visa.
I never applied for green card since then.
Now on Dec1,2007 my H1B expires so I will have to go back to China.
If I file for green card at this point, will I be able to get the yearly extension for next few years till my GC comes?
Am I even eligible to do so?
Can I go to Canada and still work in USA (Since I live close to canadian border)?
With a name like "Savitri Bhave" why would you have to go back to China?!!!
Anyway, your best bet is to file PERM (takes 2-4 months) and go for premium processing of I-140 (if USCIS resumes PP), and apply for EAD through I-485 (if your PD is current). That way, you don't need to renew your H-1B, but can continue to work on EAD. But as you can see there are several "ifs" in this entire equation which no one can answer with 100% conviction.
Try talking to an attorney to see your options. If this doesn't work out, maybe you can leave the US for a year and reenter again. Of course, you will have to start your GC process then.
Thanks,
Jayant
I came to this country in Dec 2001 on H1B Visa.
I never applied for green card since then.
Now on Dec1,2007 my H1B expires so I will have to go back to China.
If I file for green card at this point, will I be able to get the yearly extension for next few years till my GC comes?
Am I even eligible to do so?
Can I go to Canada and still work in USA (Since I live close to canadian border)?
With a name like "Savitri Bhave" why would you have to go back to China?!!!
Anyway, your best bet is to file PERM (takes 2-4 months) and go for premium processing of I-140 (if USCIS resumes PP), and apply for EAD through I-485 (if your PD is current). That way, you don't need to renew your H-1B, but can continue to work on EAD. But as you can see there are several "ifs" in this entire equation which no one can answer with 100% conviction.
Try talking to an attorney to see your options. If this doesn't work out, maybe you can leave the US for a year and reenter again. Of course, you will have to start your GC process then.
Thanks,
Jayant
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mzafar125
08-19 12:40 AM
Folks,
I am a July filer, I called USCIS last week and they stated that they need a new set of biometrics. I had initially given my biometrics after I filed my AOS last year in July 2007. According to what I have read USCIS should be able to retrieve my biometrics from their Biometric storage system. Should I call USCIS and argue with them which may be futile. Or should I just bite the bullet and await the new biometric appointment. I would appreciate any input.
PD: 10/2002
I-140 - Approved Jan 2007
Category - EB3, ROW
I am a July filer, I called USCIS last week and they stated that they need a new set of biometrics. I had initially given my biometrics after I filed my AOS last year in July 2007. According to what I have read USCIS should be able to retrieve my biometrics from their Biometric storage system. Should I call USCIS and argue with them which may be futile. Or should I just bite the bullet and await the new biometric appointment. I would appreciate any input.
PD: 10/2002
I-140 - Approved Jan 2007
Category - EB3, ROW
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surge
02-20 08:25 PM
Your authorized period of stay ended on 10/1. Your marriage does not matter. The only reason you MAY be able to adjust status in your situation is the fact that you married a U.S. citizen. It is VERY risky to leave the United States before your I485 gets approved. Please consult an attorney before doing so. AP does not guarantee re-admittance especially when one was EVER out of status.
Thank you for advice. i did not realize the issue was so complex. I did call uscis after i got married before i sent in my OAS papers and asked them how can i maintain legal status after my j-1 expires. they said that since i came legally, haven't broken any rules and got married before status expiration - i maintain "somewhat legal status"(i do not have j-1 2 year mandatory homecoutry stay either). My wife is US citizen.
So i thought even thought period from 10/01 to 11/26 (receipt for receiving both i-485 and i-130) can be considered out of status - after that i can be considered a resident alien which would mean that it is still a legal status.
Thank you for advice. i did not realize the issue was so complex. I did call uscis after i got married before i sent in my OAS papers and asked them how can i maintain legal status after my j-1 expires. they said that since i came legally, haven't broken any rules and got married before status expiration - i maintain "somewhat legal status"(i do not have j-1 2 year mandatory homecoutry stay either). My wife is US citizen.
So i thought even thought period from 10/01 to 11/26 (receipt for receiving both i-485 and i-130) can be considered out of status - after that i can be considered a resident alien which would mean that it is still a legal status.
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arihant
05-23 09:17 PM
Commend your initiative
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FinalGC
10-16 01:52 PM
Kambi:
Based on current stats,
LC - It will take about 4 months from the date you initiate your case with your lawyer
140- Eb2 or eb 3 will take from 4 weeks to 4 months
485 - If u are from India or China and based on current situation for Eb2 it could take upto 4 years and 6-7 years for EB3. If you are from Rest of the world it would be 1-2 years.
However, if the SKIL bill passes, things could change and you could get the whole GC within 2 years or so.........Keep hopeful...that is what I am doing after 8 years on H1........with a MBA from a US University!!
Based on current stats,
LC - It will take about 4 months from the date you initiate your case with your lawyer
140- Eb2 or eb 3 will take from 4 weeks to 4 months
485 - If u are from India or China and based on current situation for Eb2 it could take upto 4 years and 6-7 years for EB3. If you are from Rest of the world it would be 1-2 years.
However, if the SKIL bill passes, things could change and you could get the whole GC within 2 years or so.........Keep hopeful...that is what I am doing after 8 years on H1........with a MBA from a US University!!
more...
house edit | delete
gc_chahiye
10-01 12:52 PM
They are not dumb , they might be already keeping a watch on you while on soil.
no the point is, CHECKING itself is taking 2-3 years. Why would they start keeping a watch on someone if he/she is not a suspect? There are literally millions of pending applications, they cant keep a watch on everyone.
The reason for slow name checks was discussed earlier somewhere (Ombudsmans report?): lack of resources and interest on the FBI side of things.
no the point is, CHECKING itself is taking 2-3 years. Why would they start keeping a watch on someone if he/she is not a suspect? There are literally millions of pending applications, they cant keep a watch on everyone.
The reason for slow name checks was discussed earlier somewhere (Ombudsmans report?): lack of resources and interest on the FBI side of things.
tattoo Thursday, June 2, 2011
sgorla
02-23 04:25 PM
NV does not allow in-state
OH does allow in-state
AFAIK States that do not have state income tax do not let H4 visa holders pay instate and make Green Card as a requirement for instate qualification.
WA state is a good example of the above situation. I don't know about TX,FL,SD,NV,AK,WY which also do not have state income taxes. You might want to look at the instate qualification website for the state you are interested in.
MD doesn't allow instate
DC has no instate concept at all :)
VA,NY,CA,MA,IL allow instate as of my knowledge.
OH does allow in-state
AFAIK States that do not have state income tax do not let H4 visa holders pay instate and make Green Card as a requirement for instate qualification.
WA state is a good example of the above situation. I don't know about TX,FL,SD,NV,AK,WY which also do not have state income taxes. You might want to look at the instate qualification website for the state you are interested in.
MD doesn't allow instate
DC has no instate concept at all :)
VA,NY,CA,MA,IL allow instate as of my knowledge.
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suva321
01-20 07:34 PM
From Nov 14th 2008 verything got changed, now first they issue one year
after that you need apply again for 10 years.
after that you need apply again for 10 years.
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vikki76
09-01 02:04 AM
I was just about to post this article and then saw someone already did this good deed. Apart from core issue of isolation of elderly immigration,this debate between unrestricted family based GC and employment quota will never end.
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forever_waiting
04-07 08:35 PM
its more important to talk sense on the forums especially after 150 of us members having met 300 lawmaker offices on april 4th and 5th. Several of those staffers might visit these forums expecting logical and sane debates instead of petty fights.
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mhtanim
11-24 12:13 PM
I will need to extend my H-1B next year. So far I have found 3 immigration lawyers who are not that expensive and seem to be responsive to queries (email or phone). Comments from anyone who has experience with any of these 3 attorneys will be appreciated:
1. Prashanthi Reddy - http://www.reddyesq.com/
2. George M. Sabga Jr. - http://www.us-immigration-attorney.com/
3. Andrew Dutton - http://www.immigration-counselor.builderspot.com/
1. Prashanthi Reddy - http://www.reddyesq.com/
2. George M. Sabga Jr. - http://www.us-immigration-attorney.com/
3. Andrew Dutton - http://www.immigration-counselor.builderspot.com/
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waitingGC
03-14 12:07 PM
.
logiclife
02-27 11:51 AM
This decision is too important for you, it seems, and I would consult a lawyer for best course of action because the users on forums are not lawyers and they can give you options, but it may not be the best option.
Since you are planning next 2-3 years of your life, you should seek paid consultation from a good lawyer.
Since you are planning next 2-3 years of your life, you should seek paid consultation from a good lawyer.
eilsoe
10-03 12:12 PM
Yep!! :P
About that, I wanted to place something on the left side.. just dunno what, and i changed yer bubbles to an aqua style instead, with a "big" color dodged glow...
looks weird...
About that, I wanted to place something on the left side.. just dunno what, and i changed yer bubbles to an aqua style instead, with a "big" color dodged glow...
looks weird...
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