andy garcia
02-06 03:47 PM
Hi,
What is legally considered as "Permanent Residency approval date" - is it the approval of I485/getting greencard or is it the approval of I140. Sometimes the I140 referred to as an immigrant petition. As we know the process is once this immigrant petition (I14) is approved we apply for adjustment of status as a permanent resident thru II485 - so legally - can we consider that until I485 is not approved, our permanent residence applicaiton is pending?
If you read the back of the approval of the I-140. It says:
APPROVAL OF AN IMMIGRANT PETITION
Approval of an immigrant petition does not convey any right or status. The approval petition simply establishes a basis upon which the person you filed for can apply for an immigrant or fiance(e) visa or for adjustment of status.
What is legally considered as "Permanent Residency approval date" - is it the approval of I485/getting greencard or is it the approval of I140. Sometimes the I140 referred to as an immigrant petition. As we know the process is once this immigrant petition (I14) is approved we apply for adjustment of status as a permanent resident thru II485 - so legally - can we consider that until I485 is not approved, our permanent residence applicaiton is pending?
If you read the back of the approval of the I-140. It says:
APPROVAL OF AN IMMIGRANT PETITION
Approval of an immigrant petition does not convey any right or status. The approval petition simply establishes a basis upon which the person you filed for can apply for an immigrant or fiance(e) visa or for adjustment of status.
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abhijitp
01-19 03:47 PM
NORCAL,
We have a game plan to give the letters campaign a major boost... now all you guys have to do is show up tomorrow!
THANKS!
We have a game plan to give the letters campaign a major boost... now all you guys have to do is show up tomorrow!
THANKS!
Riakapoor
09-16 04:10 PM
you can apply for UI - Unemployment insurance, NOT Unemployment benefit. The first is an insurance, the second a benefit that will impact your GC application.
Does that not effect our GC process at all? Do you know the time limit to apply for UI? I mean with in how many days after getting laid off can I apply for UI?
Thanks a ton!
Does that not effect our GC process at all? Do you know the time limit to apply for UI? I mean with in how many days after getting laid off can I apply for UI?
Thanks a ton!
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minimalist
11-16 10:39 PM
Nope. That is not true. Either the company/lawyer is screwing your friend!
You can avoid the waiting period by using "Notice and Consider".
I had the same experience with FDBL lawyers, those guys were awful.
Luckily BAL took over, and they mentioned about "Notice and Consider" and did make use of that for labor filing.
Hope this helps.
You cannot file labor when there are lay-offs. Something to do with how can you hire some foreign labor when youbjusrt fired some.
Unlike belmontboy,I don't have first hand experience though. Hopefully other members will shed some more light.
You can avoid the waiting period by using "Notice and Consider".
I had the same experience with FDBL lawyers, those guys were awful.
Luckily BAL took over, and they mentioned about "Notice and Consider" and did make use of that for labor filing.
Hope this helps.
You cannot file labor when there are lay-offs. Something to do with how can you hire some foreign labor when youbjusrt fired some.
Unlike belmontboy,I don't have first hand experience though. Hopefully other members will shed some more light.
more...
Riakapoor
09-16 05:19 PM
Thank you!
Thanks for all the help. I will surely look into the link.
Thanks for all the help. I will surely look into the link.
glamzon
07-27 11:16 AM
Thanks
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thomachan72
09-08 01:19 PM
Both Shaktisagar and Greyhair make very valid points. Which side wins the argument well only time will tell. Nothing works the way it ideally should. The world is evolving and this recession and all this policies are all part of the evolution. People have started rethinking the value of having money versus true peace/hapiness slowly. In the US the disparity was partly hidden by the "plastic". Everybody was given a plastic and everybody could buy and live the "dream". Well that has just about ended to some extent. The problem is that, it is just about begining in Indian/china/brazil and russia.
What brings real peace/hapiness? Once 3rd world citizens (like Indians) get over the issue of "am I better than my neighbour?" India will progress towards its real goal very fast. The real goal being true peace and hapiness rather than the pseudo/fancy/fantasy/unreal/materialistic world that is propagated by the media.
If only we all had easy access to our inner ability for tremendous patience to tide over this process of evolution.......But it lies beyond our reach while we lie rolling in the misery created by our thoughts and desires.........
What brings real peace/hapiness? Once 3rd world citizens (like Indians) get over the issue of "am I better than my neighbour?" India will progress towards its real goal very fast. The real goal being true peace and hapiness rather than the pseudo/fancy/fantasy/unreal/materialistic world that is propagated by the media.
If only we all had easy access to our inner ability for tremendous patience to tide over this process of evolution.......But it lies beyond our reach while we lie rolling in the misery created by our thoughts and desires.........
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on_h1b_since_1998
02-08 12:51 PM
I am new member to this forum. My friend referred me here.
I have a very unique case scenario and need help if anyone is aware of this.
Background :
I worked for company X which went bankrupt and was absorbed by company Y. 3 months after I started
working for Y I got I-140 approved from company X(not sure how but got it).I had filed for I-140 abt.
2 months before I joined Y(then still an employee of X) and had opted for CP and not AOS(had
the option of concurrent filing but did not use which i regret till date). Since the X case was of
no use now I filed a fresh LC from Y and am still waiting for notification from BPC for recruitment(TR case).
I am planning to use the PD from earlier approved I-140 which is sept. 1999 when my LC gets approved.
Issue :
Last week I received a mail from NVC which was forwarded to me by the previous employers attorney.
The letter's main content says
"THIS LETTER SHALL SERVE AS YOUR NOTIFICATION THAT A VISA NUMBER IS CURRENTLY AVAILABLE.
FAILURE TO PURSUE YOUR VISA APPLICATION BY COMPLYING WITH THE INSTRUCTIONS BELOW WILL COMMENCE
PROCEEDINGS TO TERMINATE YOUR IMMIGRANT VISA REGISTRATION ONE YEAR FROM THE DATE OF THIS LETTER".
It mentions "Section 203(g) of the Immigration and Nationality Act requires the Secretary of State
to terminate the registration of any alien who fails to apply for an immigrant visa within one year
following notification of the availability of a visa number".
Letter is Dated Dec. 3 2006.
Question :
I want to know if this will in anyway prevent me from using my old case PD with my current case?
My interpretation of this is that only the registration with NVC gets cancelled but the
underlying LC and I-140 approved are not affected and I can still use the old PD on my
current case. Pls. help.
I have a very unique case scenario and need help if anyone is aware of this.
Background :
I worked for company X which went bankrupt and was absorbed by company Y. 3 months after I started
working for Y I got I-140 approved from company X(not sure how but got it).I had filed for I-140 abt.
2 months before I joined Y(then still an employee of X) and had opted for CP and not AOS(had
the option of concurrent filing but did not use which i regret till date). Since the X case was of
no use now I filed a fresh LC from Y and am still waiting for notification from BPC for recruitment(TR case).
I am planning to use the PD from earlier approved I-140 which is sept. 1999 when my LC gets approved.
Issue :
Last week I received a mail from NVC which was forwarded to me by the previous employers attorney.
The letter's main content says
"THIS LETTER SHALL SERVE AS YOUR NOTIFICATION THAT A VISA NUMBER IS CURRENTLY AVAILABLE.
FAILURE TO PURSUE YOUR VISA APPLICATION BY COMPLYING WITH THE INSTRUCTIONS BELOW WILL COMMENCE
PROCEEDINGS TO TERMINATE YOUR IMMIGRANT VISA REGISTRATION ONE YEAR FROM THE DATE OF THIS LETTER".
It mentions "Section 203(g) of the Immigration and Nationality Act requires the Secretary of State
to terminate the registration of any alien who fails to apply for an immigrant visa within one year
following notification of the availability of a visa number".
Letter is Dated Dec. 3 2006.
Question :
I want to know if this will in anyway prevent me from using my old case PD with my current case?
My interpretation of this is that only the registration with NVC gets cancelled but the
underlying LC and I-140 approved are not affected and I can still use the old PD on my
current case. Pls. help.
more...
baleraosreedhar
01-08 12:53 PM
My wife had recently changed her status from H4 to H1 and had applied her SSN and got it.
So i dont think there's any new rule.
if you have a valid I94 then it should not cause any issue
So i dont think there's any new rule.
if you have a valid I94 then it should not cause any issue
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h1techSlave
10-01 11:02 AM
I just wanted to point out that a delayed FBI name check is useless any way.
If the purpose of the name check is to identify criminals, that process must be completed within a few hours. If the checking process takes more than 24 hours, than what is the use of the check?
Currently the FBI name check system is a bonanza for a criminal. He/She will have 2 - 3 years to commit the crime, before the FBI catches up with him/her.
I think the system was originally designed to check the names of people outside the country. In that case, a delay is not at all harmful.
If the purpose of the name check is to identify criminals, that process must be completed within a few hours. If the checking process takes more than 24 hours, than what is the use of the check?
Currently the FBI name check system is a bonanza for a criminal. He/She will have 2 - 3 years to commit the crime, before the FBI catches up with him/her.
I think the system was originally designed to check the names of people outside the country. In that case, a delay is not at all harmful.
more...
green_card_curious
03-08 12:15 PM
Thanks Drak. My attorney states otherwise though. He states that I-485 will be denied only after the ultimate denial of the I-140, which he says might take even about a year, and that in the mean time, I-485 will be valid and that she can continue to work on EAD.
P E R P L E X E D !!
P E R P L E X E D !!
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Prashanthi
10-20 05:15 PM
My advice you need to prepare a comprehensive package of documentation since your case is really messed up.
1) Get a legal translation of your original BC from Hindi to English. You can enlist help of some one you know (not a direct family member) or proffesional translation agency to do this. If done by some individual get it notarized.
2) Now prepare a letter highlighting the sections that are correct and sections that are incorrect (like name of child)
3) Get 2 affidavits from your parents/ relatives which the corrected information (also add the other BC info required refer to IV wiki for details). Make sure that these affidavits contain enough details to explain why the name and other details changed.
4) Get as much documentation as possible which can suppliment the new info. Example 10th / 12th certificates, School Leaving Certificates, PAN Card, Indian Drivers License, Nationality/ Domicile certificates, Caste Certificate, Election Card etc etc that can support the new name.
I agree with the above, please follow his advice. In general letter from the consulate is not accepted as proof of birth because they follow the passport details and dont do any further investigation.
1) Get a legal translation of your original BC from Hindi to English. You can enlist help of some one you know (not a direct family member) or proffesional translation agency to do this. If done by some individual get it notarized.
2) Now prepare a letter highlighting the sections that are correct and sections that are incorrect (like name of child)
3) Get 2 affidavits from your parents/ relatives which the corrected information (also add the other BC info required refer to IV wiki for details). Make sure that these affidavits contain enough details to explain why the name and other details changed.
4) Get as much documentation as possible which can suppliment the new info. Example 10th / 12th certificates, School Leaving Certificates, PAN Card, Indian Drivers License, Nationality/ Domicile certificates, Caste Certificate, Election Card etc etc that can support the new name.
I agree with the above, please follow his advice. In general letter from the consulate is not accepted as proof of birth because they follow the passport details and dont do any further investigation.
more...
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mckottayam
05-02 08:03 PM
mckottayam: did you tell the IO explicitly that you had I-797 extensions approved to get I-94 stamped thru end of I-797?
I gave the passports and the I797s together. IO gave me the 797s back and then I told him the dates are different as it was extended and he took them back. No more questions about this matter.
I gave the passports and the I797s together. IO gave me the 797s back and then I told him the dates are different as it was extended and he took them back. No more questions about this matter.
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pak
07-27 03:01 PM
If I-485 is rejected, can you switch back to H4 from EAD without going out of USA?
more...
pictures emirates stadium,
GCneeded
05-26 11:20 AM
Thank you core Team for all your efforts
Thank you QGA for the great work and helping us out in a big way.
Thank for all the senators for making this happen.
Last but not least ,A BIG THANK YOU for the family of core members who had to put their social life on hold when the core team was working for our cause.
We are ready for the next battle with the core team and QGA in the lead.
Thank you QGA for the great work and helping us out in a big way.
Thank for all the senators for making this happen.
Last but not least ,A BIG THANK YOU for the family of core members who had to put their social life on hold when the core team was working for our cause.
We are ready for the next battle with the core team and QGA in the lead.
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srikondoji
07-03 10:38 AM
I am sending a flower with a note to LincolN, NE address.
Could anyone give me the complete and correct address?
We should all send individually the flowers.
--sri
Could anyone give me the complete and correct address?
We should all send individually the flowers.
--sri
more...
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Kevin M
April 4th, 2005, 06:13 AM
Dual exposure is the obvious and best solution to extremes in lighting but it necessitates setting up a tripod etc.
However, quite often one's best landscapes are an opportunity that presents itself on the spur of the moment. Frequently in these cases the lighting may not fit comfortably into the dynamic range and/or - dare I say it - one's exposure may also be hasty and less than optimum. Dual conversion of a single RAW file is is a great help in this regard. Whilst never quite as good as two separate exposures, I get the impression that the raw converter can extract a remarkable amount of hidden information from a file where the range is not too extreme.
In analogue terms this would be equivalent to being able to develop a single negative image twice with different dilutions temperatures etc (that would be a neat trick). The resulting image may not be technically perfect but may work perfectly in terms of aesthetics.
Kevin
http://homepage.eircom.net/~bot/paint/photo.htm
However, quite often one's best landscapes are an opportunity that presents itself on the spur of the moment. Frequently in these cases the lighting may not fit comfortably into the dynamic range and/or - dare I say it - one's exposure may also be hasty and less than optimum. Dual conversion of a single RAW file is is a great help in this regard. Whilst never quite as good as two separate exposures, I get the impression that the raw converter can extract a remarkable amount of hidden information from a file where the range is not too extreme.
In analogue terms this would be equivalent to being able to develop a single negative image twice with different dilutions temperatures etc (that would be a neat trick). The resulting image may not be technically perfect but may work perfectly in terms of aesthetics.
Kevin
http://homepage.eircom.net/~bot/paint/photo.htm
girlfriend Arsenal FC #39;Emirates Stadium#39;
Ramba
09-10 05:15 PM
Hmm.. I though many people are there.. bumerr...
Anyways.. I am shooting for EB2 category as I have my MS.. Few of my freinds here in office have applied for GC , but all of them have applied with MS + 1 atleast... I was kinda worried as my JOb code falls under JOb zone 4, how will i qualify for EB2 even though only having MS does qulaify for applying EB2..
I know.. that a position should require MS or BS +5...rather than one having that degree..
I was just wondering if there are some people who have applied under EB2 category with MS +0 experience....
Thank you every1 for your prompt responses...
MS+0--hard to sell to DOL, particularly in current economic condition, as unemployment rates are in double digits. It is also depends on the location of the job. DOL may belive that they can't find US citizen with MS+0, for the job in Alaska. !00% they wont belive if the job is in michigan or california, where the unemployment rate is very high.
Anyways.. I am shooting for EB2 category as I have my MS.. Few of my freinds here in office have applied for GC , but all of them have applied with MS + 1 atleast... I was kinda worried as my JOb code falls under JOb zone 4, how will i qualify for EB2 even though only having MS does qulaify for applying EB2..
I know.. that a position should require MS or BS +5...rather than one having that degree..
I was just wondering if there are some people who have applied under EB2 category with MS +0 experience....
Thank you every1 for your prompt responses...
MS+0--hard to sell to DOL, particularly in current economic condition, as unemployment rates are in double digits. It is also depends on the location of the job. DOL may belive that they can't find US citizen with MS+0, for the job in Alaska. !00% they wont belive if the job is in michigan or california, where the unemployment rate is very high.
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sgorla
06-05 05:42 PM
The online status of my package on USPS tracking page shows same message as yours. It just struck me that how can a certified mail be delivered to the agency if one is sending it to a PO Box. I mean how can USPS get a delivery signature from a real person if the address is not a physical address, but a PO Box number. Any thoughts?
I dont know if other Folks have seen the same thing. My renewal EAD application has reached Texas (TSC) today June 5th around noon by USPS Express Mail but the status says
Status: Notice Left
We attempted to deliver your item at 11:16 AM on June 5, 2008 in MESQUITE, TX 75185 and a notice was left. A second delivery attempt will be made. If unsuccessful, we will hold it for five business days and then it will be returned to the sender. Information, if available, is updated every evening. Please check again later.
The address where i sent is
USCIS
Texas Service Center
P.O. Box 851041
Mesquite, TX 75185-1041
Any clue what may be going on - this is another round of fun :confused:
I dont know if other Folks have seen the same thing. My renewal EAD application has reached Texas (TSC) today June 5th around noon by USPS Express Mail but the status says
Status: Notice Left
We attempted to deliver your item at 11:16 AM on June 5, 2008 in MESQUITE, TX 75185 and a notice was left. A second delivery attempt will be made. If unsuccessful, we will hold it for five business days and then it will be returned to the sender. Information, if available, is updated every evening. Please check again later.
The address where i sent is
USCIS
Texas Service Center
P.O. Box 851041
Mesquite, TX 75185-1041
Any clue what may be going on - this is another round of fun :confused:
sunny1000
06-26 12:05 AM
Hi all,
We applied for my wife's and mine EAD on April 27th (paper based)
I got the receipt notice on 05/08/2010 and checks were cashed on 05/08/2010
I am okay, because I am on H1B, my wife has a business and employs 2 people full time.
She doesn't draw any salary from the business, except she has business on her name and the accounts on her name as well.
Additionally , she has a valid H4 as well.
I know its too early to panic, but if I didnt get her EAd card by July 31st, are we in trouble
Pls reply
Thanks in advance
After 90 days, if your wife's application is still pending, take an infopass appointment (there is an option in the infopass to mention EAD after 90 days) and they will expedite it. I would suggest making the appointment for the 91st day just in case.
you can also call the USCIS CS number to see if they can help you.
Wish you luck.
We applied for my wife's and mine EAD on April 27th (paper based)
I got the receipt notice on 05/08/2010 and checks were cashed on 05/08/2010
I am okay, because I am on H1B, my wife has a business and employs 2 people full time.
She doesn't draw any salary from the business, except she has business on her name and the accounts on her name as well.
Additionally , she has a valid H4 as well.
I know its too early to panic, but if I didnt get her EAd card by July 31st, are we in trouble
Pls reply
Thanks in advance
After 90 days, if your wife's application is still pending, take an infopass appointment (there is an option in the infopass to mention EAD after 90 days) and they will expedite it. I would suggest making the appointment for the 91st day just in case.
you can also call the USCIS CS number to see if they can help you.
Wish you luck.
GCBy3000
03-31 02:21 PM
it isnot dependent on how gradual your change is. If your LC process takes 10 years, you can gradually move to VP position. It does not mean it is legal. You should never change your job duties dramatically. You could move from Software engineer to Sr. Software engineer and not to Team lead or project manager. Again, it is not hard and fast rule. Legally, you could take up any job as long as you move back to the job described in the LC after the adjustment of status(I485).
Again the entire GC is for future job. I did not say "YOU HAVE TO" stay in that job. May be my wording is little bit wrong. It is always better to stay with the same company atleast for 6 months and min of one year after you get GC. If you do not, then if you intent to become citizen, there may be some questions regarding your intent for GC. I am not an attorney, but whatever, I have expressed above came directly from my company attorney.
Thanks
Again the entire GC is for future job. I did not say "YOU HAVE TO" stay in that job. May be my wording is little bit wrong. It is always better to stay with the same company atleast for 6 months and min of one year after you get GC. If you do not, then if you intent to become citizen, there may be some questions regarding your intent for GC. I am not an attorney, but whatever, I have expressed above came directly from my company attorney.
Thanks
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