stillhowlong
01-19 05:55 PM
As far as I know:
if your E3 (approved) priority date is current for E2 (approved), you can file 485 (in E2) requesting to use the earliest (E3) priority date. From my understanding, you may be able to do it even when your E2 is pending - but it may be better to wait till you get the E2 approved. Hope it clarifies your question.
Thanks Alvin, so you mean to say it does not matter if I do that process with new employer right?
if your E3 (approved) priority date is current for E2 (approved), you can file 485 (in E2) requesting to use the earliest (E3) priority date. From my understanding, you may be able to do it even when your E2 is pending - but it may be better to wait till you get the E2 approved. Hope it clarifies your question.
Thanks Alvin, so you mean to say it does not matter if I do that process with new employer right?
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vroapp
02-23 08:56 AM
it would be mentioned on the VISA. not all sub-categories of J1 are subject to HRR. hence your friends' wasn't.
"By the way, her research:
- Is not funded by any govt. agency
- Has nothing to do with medicine"
"By the way, her research:
- Is not funded by any govt. agency
- Has nothing to do with medicine"
gc_relief
04-27 03:39 PM
I have still 7 months left over on my 6 year term and they have asked for 3 year extension based on the approved I-140.I'm talking to my company right now and will talk to the lawyer once they receive the denial reason which they should get in 2 -3 days.But my company is ready to appeal.Keeping all this in view if they file for an appeal for what ever reason and based on my visa expirt date which is on 31'Mar 2009 how long will I get to stay and work legally to hear the answer for the appeal??
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chetanjumani
03-14 02:35 PM
And with a new USCIS leader, it might get his attention, when he/she is trying to learn about what all needs to be taken care of.
more...
Nikhil2
03-21 08:02 AM
Does anybody have more comments on this case?
gc_on_demand
03-17 10:39 AM
RFE can be issued even though your priority date is not current. This is because USCIS is processing the case and keeping it ready (pre-adjudicate) to issue GC when dates get current.
Recently USCIS announced that they have less application for US Citizenship.
"In fiscal year 2007, a record 1.4 million legal permanent residents applied to become naturalized U.S. citizens just as the agency raised fees for a variety of services. About a million people received U.S. citizenship the following year.
By fiscal year 2008, the number of citizenship applications in the pipeline dropped to about 518,000 � far below the 730,000 filed in 2006."
Also they hired more employees in 2007. Also last year was election year so USC was priority. We will see more resource allocation to 485 apps. But dates are not current to they are Pre Adjuctiing cases. Also it makes sense that date didnot move in April as there was a huge demand from CIS. I think for This FY we will see more EB based approval.. and from now onward there will not be a huge jump back and forth. Also india Eb2 will get 25k visas for this FY and in last quater people till Mid 2006 will get actul card .. There may be some low hanging fruit from early 2007 or late 2006. ( I expect only 1-2 % )
Recently USCIS announced that they have less application for US Citizenship.
"In fiscal year 2007, a record 1.4 million legal permanent residents applied to become naturalized U.S. citizens just as the agency raised fees for a variety of services. About a million people received U.S. citizenship the following year.
By fiscal year 2008, the number of citizenship applications in the pipeline dropped to about 518,000 � far below the 730,000 filed in 2006."
Also they hired more employees in 2007. Also last year was election year so USC was priority. We will see more resource allocation to 485 apps. But dates are not current to they are Pre Adjuctiing cases. Also it makes sense that date didnot move in April as there was a huge demand from CIS. I think for This FY we will see more EB based approval.. and from now onward there will not be a huge jump back and forth. Also india Eb2 will get 25k visas for this FY and in last quater people till Mid 2006 will get actul card .. There may be some low hanging fruit from early 2007 or late 2006. ( I expect only 1-2 % )
more...
eb3_nepa
03-07 08:57 PM
Excellent -- have you got in touch with Jay to help him, or are these just sitting on the sidelines suggestions?
BerkeleyBee, I have contacted Jay but i am not sure how much i will be able to help with this one in particular. I have a few questions:
1) What exactly does the membership drive entail?
2) How does the process work?
3) Is there a team already established? If it is then how many members does it have?
BTW i DID attend the conference call, but due to connection problems, i was not able to follow the membership drive part. If a team is already established, then the point i was trying to make was, some members of that team can work on converting existing "free" members to "paid" members.
BerkeleyBee, I have contacted Jay but i am not sure how much i will be able to help with this one in particular. I have a few questions:
1) What exactly does the membership drive entail?
2) How does the process work?
3) Is there a team already established? If it is then how many members does it have?
BTW i DID attend the conference call, but due to connection problems, i was not able to follow the membership drive part. If a team is already established, then the point i was trying to make was, some members of that team can work on converting existing "free" members to "paid" members.
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wandmaker
04-28 08:50 AM
what if they are both used in the same sentence for the same case like they did for OP ? :)
My best guess is :D
pre-adjudicated under review = it is not over yet :)
My best guess is :D
pre-adjudicated under review = it is not over yet :)
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Robert Kumar
02-12 02:51 PM
Why dont you consider one of attorney offices that provide free call services to IV members. That would help you as well as help IV community. May be you can consider Prashanthi Reddy or Raj at Shusterman or Siskind Law firm.
I would love to, as it will help IV community also, but unfortunately it is not very easy in a company to request change of lawyer when the lawyer is good one. I see from many comments here that the Chugh Firm is a good one. And the employer also feels the same. So what grounds can I request them change their processes which they are following for nearly 200 employees. It will be hard. Cant even ask..
I would love to, as it will help IV community also, but unfortunately it is not very easy in a company to request change of lawyer when the lawyer is good one. I see from many comments here that the Chugh Firm is a good one. And the employer also feels the same. So what grounds can I request them change their processes which they are following for nearly 200 employees. It will be hard. Cant even ask..
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danu2007
08-03 05:14 PM
Hi All,
I am not sure whether this has been answered earlier. Here is my situation.
My H1b is getting over by Jan 2008. My I-140 approved and I have filed my I-485 in July 2nd 2007. I contacted my company law firm and one of the top law firm about 3 year extension. Here is the answer
Attorney from company law firm:- Since you have applied for I-485 you will not be eligible for 3 year or one year extension. The only stage when you can apply for 3 year extension is when your I-140 is approved and the PD is not current. Since there was a time the PD was current and you applied for I-485, you will not be eligible for 3 year extension. Even if you apply you will get rejected.
Then I contacted the other law firm mentioning about the above law firm comments and here is the reply.
Attorney from one of the top law firm:-The law firm is simply reading things wrong. You can file for the three year extension as long as there is not a visa number available. Therefore, if the I-485 was filed and then the visa numbers became unavailable, as is the case right now, the three year extensions are possible. I would see if you can request the law firm to reread the rule that permits the three year extensions. They are reading it too narrowly. We follow this procedure successfully all the time.
So I am confused in this case and my employer will believe in what the company law firm will say.
So I am trying to get an opinion from any one who was in this situation and got a 3 year extension and who is right?
Thanks
I am not sure whether this has been answered earlier. Here is my situation.
My H1b is getting over by Jan 2008. My I-140 approved and I have filed my I-485 in July 2nd 2007. I contacted my company law firm and one of the top law firm about 3 year extension. Here is the answer
Attorney from company law firm:- Since you have applied for I-485 you will not be eligible for 3 year or one year extension. The only stage when you can apply for 3 year extension is when your I-140 is approved and the PD is not current. Since there was a time the PD was current and you applied for I-485, you will not be eligible for 3 year extension. Even if you apply you will get rejected.
Then I contacted the other law firm mentioning about the above law firm comments and here is the reply.
Attorney from one of the top law firm:-The law firm is simply reading things wrong. You can file for the three year extension as long as there is not a visa number available. Therefore, if the I-485 was filed and then the visa numbers became unavailable, as is the case right now, the three year extensions are possible. I would see if you can request the law firm to reread the rule that permits the three year extensions. They are reading it too narrowly. We follow this procedure successfully all the time.
So I am confused in this case and my employer will believe in what the company law firm will say.
So I am trying to get an opinion from any one who was in this situation and got a 3 year extension and who is right?
Thanks
more...
shana04
05-16 01:38 PM
For my spouse,
We have applied for I 485 after our visit to India.
1. First I 94 was taken at the airport and got the new one while we came back and one of the requirement is the copy of I 94
How and where can I get a copy (I never made a copy of that).
Note: Spouse passport has stamping but the requirement is copy of I 94
any help or suggestoins where can we get a copy. We have applied for states Id's in two different states where they made copies of I 94 but at that time I never though of making copies of it.
Any suggestions to get copy I 94? please share your exp.
Thanks in advance
We have applied for I 485 after our visit to India.
1. First I 94 was taken at the airport and got the new one while we came back and one of the requirement is the copy of I 94
How and where can I get a copy (I never made a copy of that).
Note: Spouse passport has stamping but the requirement is copy of I 94
any help or suggestoins where can we get a copy. We have applied for states Id's in two different states where they made copies of I 94 but at that time I never though of making copies of it.
Any suggestions to get copy I 94? please share your exp.
Thanks in advance
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gctex
07-02 08:42 AM
Thanx. But I didn't quite clearly get that. You mean, we need to fill the forms with :
<blank> for given_name as in passport or,
<FNU> for given_name as in visa stamp or,
<First_name> for given_name the way we want ?.
Please explain. When we go for FP, the names on the application forms must match the names on the passports, right ?.
Thanx again.
-Gctex
<blank> for given_name as in passport or,
<FNU> for given_name as in visa stamp or,
<First_name> for given_name the way we want ?.
Please explain. When we go for FP, the names on the application forms must match the names on the passports, right ?.
Thanx again.
-Gctex
more...
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LloydsApple
11-11 06:04 PM
that's what I thought but she has dealt with a lot of bs with all this paperwork so it is nice to have additional insight to ease traveling worries. Thanks!
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sekharan
10-14 07:23 PM
Very nice. It looks like we can get married soon!
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godbless
07-20 06:03 PM
Do we need to send the original i 140 or just copy of I 140 is fine ? I mean do we need to send original I 140 to USCIS at any point in the 485 filling?
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larmani
04-09 06:30 PM
If you are buying a new construction home from builder go with an agent the builder will pay 3% commission to the agent usually and you can get some $$ back from agent
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hpandey
07-29 08:31 AM
Did Anyone got 2 year EAD when I-140 pending? There is some stupid assumption posted on some immigration website that USCIS is issuing 2 yr EAD to approved 140 petitions only..
Just want to confirm that.
We got a 2 year EAD for me and my wife and our I-140 is still pending .
Just want to confirm that.
We got a 2 year EAD for me and my wife and our I-140 is still pending .
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stirfries
03-18 09:31 PM
I'm from the UK and we've now been told I cannot leave the US and join him, until I have my advance parole which could take 3 to 4 months.
Smerchas...Are you sure about what this? From what I remember, you have to be in the country when you apply for your AP...But there is no necessity that you need to be here when it is approved !
Technically, you can ask your attorney or the person who is living at the address where the AP document would be sent by the USCIS, and request them to forward the approved AP to your then current address...That way, you don't have to stay in the country while USCIS processes your application...
Ofcourse, the flip side is, if your AP is denied for any reason, you would have to go to the US consulate in wherever country you are and request the special admission letter...
Thanks,
Smerchas...Are you sure about what this? From what I remember, you have to be in the country when you apply for your AP...But there is no necessity that you need to be here when it is approved !
Technically, you can ask your attorney or the person who is living at the address where the AP document would be sent by the USCIS, and request them to forward the approved AP to your then current address...That way, you don't have to stay in the country while USCIS processes your application...
Ofcourse, the flip side is, if your AP is denied for any reason, you would have to go to the US consulate in wherever country you are and request the special admission letter...
Thanks,
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prolegalimmi
03-27 08:41 PM
Prolegalimmi,
Our team is in contact with NPR. Are you working with sunil on this?
Thanks,
Berkeleybee
No Berkeleybee. I just wrote the comments to the editor, and would like to, and wanted to encourage others to do the same so NPR feels a need to bring this view to the public. There are 300,000 of us affected, if only everyone wrote about this to anyone they could. If I am duplicating efforts, my apologies.
Our team is in contact with NPR. Are you working with sunil on this?
Thanks,
Berkeleybee
No Berkeleybee. I just wrote the comments to the editor, and would like to, and wanted to encourage others to do the same so NPR feels a need to bring this view to the public. There are 300,000 of us affected, if only everyone wrote about this to anyone they could. If I am duplicating efforts, my apologies.
latbsol
10-01 06:03 PM
Hi guys,
Sorry, I was absent for a long time. I am back now!
@ Hebron:
Yes, I am planning to file the EB2 with the same employer. Of course that is what prompted my questions in the first place.
@ veni:
Thanks for the suggestion. Yes, my employer applied for the H1B amendment and LCA and got them approved. So I hope that is good.
@ JamesSingham:
James, is your case the same as mine? i.e. you converted from EB3 to EB2 with the same employer (for a different job title & responsibilities) and are using the experience you gained with the same employer? Have you filed for EB2 PERM already? What is the current status? BTW how do we prove that the job responsibilities are 50% different. Obviously reading the EB3 job description and EB2 job description should make it clear. But I guess the DOL expects some formal proof about this? What kind of documents/letters/evidence has your current employer included in your application to prove that the two positions are > 50% different? Is there a standard procedure for doing this? Too many questions...sorry. But I hope you understand my situation :(. Please provide you responses. That will greatly help.
Sorry, I was absent for a long time. I am back now!
@ Hebron:
Yes, I am planning to file the EB2 with the same employer. Of course that is what prompted my questions in the first place.
@ veni:
Thanks for the suggestion. Yes, my employer applied for the H1B amendment and LCA and got them approved. So I hope that is good.
@ JamesSingham:
James, is your case the same as mine? i.e. you converted from EB3 to EB2 with the same employer (for a different job title & responsibilities) and are using the experience you gained with the same employer? Have you filed for EB2 PERM already? What is the current status? BTW how do we prove that the job responsibilities are 50% different. Obviously reading the EB3 job description and EB2 job description should make it clear. But I guess the DOL expects some formal proof about this? What kind of documents/letters/evidence has your current employer included in your application to prove that the two positions are > 50% different? Is there a standard procedure for doing this? Too many questions...sorry. But I hope you understand my situation :(. Please provide you responses. That will greatly help.
overhere
07-18 07:03 AM
schedule a isn't available anymore since feb 2007.
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