anirudh74
05-06 12:24 PM
Expect wait time of 3-4 years.
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Lasantha
04-01 05:46 PM
I agree 100%
In simple words..
Trying to game the internal processing of USCIS case handling is like trying to guess the weather based on daily horoscope... ! No way attorney can know that.. only reason they probably want to wait is some ulterior motive such as company trying to hold onto the employee or attorny looking for extra fees.. absent that.. I would be worried coz then that would mean attorny is incompetent and does not know which end is up..
Here's what we do know
I485 filing provides MAJOR benefits.
140 processing can go on for year or so and meanwhile a lot can change in terms of Priority dates etc.
485 filing does not begin 485 processing if 140 is pending.. that's in USCIS memos.. only same office will handle 485 so in fact it is better! coz once you get past 140.. you are home free.. as opposed to other cases where 140 evidence is being re-checked at the time of 485 approval..
So GO AHEAD file concurrently..
In simple words..
Trying to game the internal processing of USCIS case handling is like trying to guess the weather based on daily horoscope... ! No way attorney can know that.. only reason they probably want to wait is some ulterior motive such as company trying to hold onto the employee or attorny looking for extra fees.. absent that.. I would be worried coz then that would mean attorny is incompetent and does not know which end is up..
Here's what we do know
I485 filing provides MAJOR benefits.
140 processing can go on for year or so and meanwhile a lot can change in terms of Priority dates etc.
485 filing does not begin 485 processing if 140 is pending.. that's in USCIS memos.. only same office will handle 485 so in fact it is better! coz once you get past 140.. you are home free.. as opposed to other cases where 140 evidence is being re-checked at the time of 485 approval..
So GO AHEAD file concurrently..
STAmisha
07-27 02:32 PM
Bumping up
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va_labor2002
06-17 12:53 PM
Once the Core team drafts a letter we can send that....
Any comments from Core Team Members ? Is it possible to send ? Who is going to draft a letter ?
Any comments from Core Team Members ? Is it possible to send ? Who is going to draft a letter ?
more...
Carlau
01-24 11:55 AM
I have a suggestion, offer your company to pay a half an hour consultation with a lawyer, such as Sonal Mehta or Hooyou or Shusterman, this way you will not only get your H-1B 3 year extension but you will save your company from paying the 1k+ attorney's fee x 3.
Libra
11-15 12:03 PM
My PD is also Mar 2005, EB2. And i am not going to get GC anytime sooner, unless we work on it. In my signature there is a link for MN group click on that and join state chapter. update your profile with phone number, so that we can contact you.
more...
karthkc
05-11 02:46 PM
This is a common scenario for some IT folks who were here during the downturn from 2001 through 2005 and is not a big deal in your case.
USCIS may or may not check your entire status history. My gut feel is if they have all your W2's during that period and someone takes a closer look at it and sees a discrepancy (if there is one) in terms of actual income and the minumum income based on your H1B annual salary you should have made for that year, then you may have an issue. However, that is not likely and I have not seen cases along those lines yet. If anyone in this forum have come across such a situation, please post and let us know specifics if you can.
In that extreme case, get a hold of a good lawyer if you dont have one and have them craft an appropriate response to the RFE since it is important that the right policy and regulations information is mentioned in the response letter.
Hope that clears it a bit!
Hi,
Thanks a lot for your reply. I really appreciate it.
Well as you said if I went to India after those 5 months(when I was on bench) than that period of 5 months when I was on bench will be wiped out(it will be gone,clean). It means that USCIS will check my status after my last entry in to US!!
OR they may check everything when ever I was in US including when I was on bench(including my first entry into US to till date i.e. From Feb 2005 - Till date)????
I went to India in Nov 2006 & came back, so in that case my old records would be clean. B'cos I was on bench for 5 months in 2005.
Correct me if I am wrong on this.
Also as you said this will come in case of I-485 & USCIS might overlook this & may send RFE!! Any idea how to respond that kind of RFE??
I will really appreciate your response.
Thanks.
USCIS may or may not check your entire status history. My gut feel is if they have all your W2's during that period and someone takes a closer look at it and sees a discrepancy (if there is one) in terms of actual income and the minumum income based on your H1B annual salary you should have made for that year, then you may have an issue. However, that is not likely and I have not seen cases along those lines yet. If anyone in this forum have come across such a situation, please post and let us know specifics if you can.
In that extreme case, get a hold of a good lawyer if you dont have one and have them craft an appropriate response to the RFE since it is important that the right policy and regulations information is mentioned in the response letter.
Hope that clears it a bit!
Hi,
Thanks a lot for your reply. I really appreciate it.
Well as you said if I went to India after those 5 months(when I was on bench) than that period of 5 months when I was on bench will be wiped out(it will be gone,clean). It means that USCIS will check my status after my last entry in to US!!
OR they may check everything when ever I was in US including when I was on bench(including my first entry into US to till date i.e. From Feb 2005 - Till date)????
I went to India in Nov 2006 & came back, so in that case my old records would be clean. B'cos I was on bench for 5 months in 2005.
Correct me if I am wrong on this.
Also as you said this will come in case of I-485 & USCIS might overlook this & may send RFE!! Any idea how to respond that kind of RFE??
I will really appreciate your response.
Thanks.
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Vinny
02-09 01:17 PM
Hi,
My spouse is working on H1-B in Los Angeles. His company acquired another company in Bay Area, so now he wants to work out of Bay Area, from this acquired company's office.
1. Does he need to file a transfer memorandum ?
2. WIll there be a change in wages ?
3. Are there any other steps before he starts to work in BayArea ?
Please help.
Thanks.
My spouse is working on H1-B in Los Angeles. His company acquired another company in Bay Area, so now he wants to work out of Bay Area, from this acquired company's office.
1. Does he need to file a transfer memorandum ?
2. WIll there be a change in wages ?
3. Are there any other steps before he starts to work in BayArea ?
Please help.
Thanks.
more...
Khujaokutta
05-15 05:25 PM
This gentleman is Feb 06 and is worried about his wife's GC not being approved, while folks and a lot of 'Janta' like us have PD's before his, and are still waiting............makes me more and more dukheeeee.........
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Jaime
09-06 04:49 PM
I have worked in Europe for 4+ years and i can say that life in US and Europe is the same (cost of living is higher in Europe but social security is better). I was seriously considering a move to UK (despite racism) to gain job/life freedom for me and my family. I have HSMP from UK and got a job offer that paid me better (including 35% raise in cost of living) than current US job with flexibility to change employment, also my wife could take up job any day she wants (unlike H4).
You are a poster child of the U.S. Reverse Brain Drain. Shame on Congress if the United States loses you and your family!
You are a poster child of the U.S. Reverse Brain Drain. Shame on Congress if the United States loses you and your family!
more...
addsf345
11-17 04:48 PM
Students from India & China combined: almost 200K.
Looking at the retrogression, many of those may be potential future IV members!!!:rolleyes:
Looking at the retrogression, many of those may be potential future IV members!!!:rolleyes:
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pappu
05-27 09:41 AM
Please do not put fake data in your profile.
Please input real data if you would like others to respond to you and spend time on your post. If you have not started your greencard process, please keep all fields empty.
Thank you
Please input real data if you would like others to respond to you and spend time on your post. If you have not started your greencard process, please keep all fields empty.
Thank you
more...
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jq45
06-15 10:11 AM
Medical Examination I-693 (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=eb1f3591ec04d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1 RCRD)
On this link it says the following:
Edition Date :
9/16/05. Previous editions accepted
I'm a confused by that. So 9/16/05 is the revision date, and both the new form that expires 5/31/08 as well as the current one that expires 06/30/07 have that says revision 9/16/05. So it looks like it's the identical form except for the expiry date and OMB number.
On this link it says the following:
Edition Date :
9/16/05. Previous editions accepted
I'm a confused by that. So 9/16/05 is the revision date, and both the new form that expires 5/31/08 as well as the current one that expires 06/30/07 have that says revision 9/16/05. So it looks like it's the identical form except for the expiry date and OMB number.
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fide_champ
04-11 10:05 PM
Hi,
I am currently in the 6th year of my H1B. My visa is going to expire in at the end of December. Is it too late for me to start applying for the green card? If it is not too late, what is my status going to be after December if I do apply for the green card now? Also, I have heard that I have to apply a year before my visa expires, is it too late now? Please help! Your response is greatly appreciated!
Thanks!
Keith
it's not too late. ask your lawyer to get labour thru perm. it'll take about 2 months and then you can do I140 in premium which takes 15 days. you can then get a 3 yr extension.
I am currently in the 6th year of my H1B. My visa is going to expire in at the end of December. Is it too late for me to start applying for the green card? If it is not too late, what is my status going to be after December if I do apply for the green card now? Also, I have heard that I have to apply a year before my visa expires, is it too late now? Please help! Your response is greatly appreciated!
Thanks!
Keith
it's not too late. ask your lawyer to get labour thru perm. it'll take about 2 months and then you can do I140 in premium which takes 15 days. you can then get a 3 yr extension.
more...
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saps
01-09 12:18 PM
Thanks for everyone's help. I would give you a green but I don't know how to...If you could tell me ..
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number30
10-26 12:14 PM
Hi,
I am currently working on EAD and my Priority date is May 2007. I was wondering if I get a job in a US company which allows me to stay in india and work for them on regular employment under inter office transfer, Can i still work on EAD and be aligible for my GC?
Will there be any limit on how long can I work from out side of US, if I can?
is there any other legal formality i should fulfill in order to work for US company from out side of US and continue with my GC Process?
Any help is appriciated,
Thanks,
Mickey
Where will they pay your Salary? If they are paying you in India You do not need EAD Usually if you are working out side US you do not need any kind of authorization from US. You need to get the authoization from country where you will be working.
Your GC process can continue here. For Re-entry purpose keep your AP current or H1 status current with the employer. So that you can back once your green card is approved.
I am currently working on EAD and my Priority date is May 2007. I was wondering if I get a job in a US company which allows me to stay in india and work for them on regular employment under inter office transfer, Can i still work on EAD and be aligible for my GC?
Will there be any limit on how long can I work from out side of US, if I can?
is there any other legal formality i should fulfill in order to work for US company from out side of US and continue with my GC Process?
Any help is appriciated,
Thanks,
Mickey
Where will they pay your Salary? If they are paying you in India You do not need EAD Usually if you are working out side US you do not need any kind of authorization from US. You need to get the authoization from country where you will be working.
Your GC process can continue here. For Re-entry purpose keep your AP current or H1 status current with the employer. So that you can back once your green card is approved.
more...
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gjoe
03-29 06:23 PM
I would suggest having a potluck in front of capitol and also see the cherry blossom in the evening. If possible a boating ride can be squeezed in.
This would make a statement that we are well off and out only problem is the delay in GC
This would make a statement that we are well off and out only problem is the delay in GC
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dingudi
03-05 01:57 PM
Yep..they just noted that I came for the initial appointment and asked to come after my finger heals..i had surgery on the finger and went back after the finger healed
If you dont mind telling me, which ASC you went to ? can you give the city and state? Also when they put a note on the FP notice , do they return the original FP to you or they keep it. The reason I am asking is I am thinking of doing a walk-in at some other ASC in case the original ASC asks to reschedule instead of doing walk-in after healing. So I will need the original FP appointment if I goto some other ASC. My wife has some travel plans in coming 2-3 weeks and want to get this out of the way.
If you dont mind telling me, which ASC you went to ? can you give the city and state? Also when they put a note on the FP notice , do they return the original FP to you or they keep it. The reason I am asking is I am thinking of doing a walk-in at some other ASC in case the original ASC asks to reschedule instead of doing walk-in after healing. So I will need the original FP appointment if I goto some other ASC. My wife has some travel plans in coming 2-3 weeks and want to get this out of the way.
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desi485
03-17 10:43 PM
afaik your date of first application is your pd. To recapture it, you need to have copy of approved i140 or atleast knowledge that it has been approved.
needhelp!
11-06 07:41 PM
What about the 60 000 who are expected to attend diwali mela in dfw.. I am guessing a chunk of them are green card applicants
rajeshalex
08-14 02:58 PM
Send the photo to USCIS and also sent the RFE copy to ombudsman
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