webm
02-28 01:36 PM
Dear friends,
I am not fully clear on this..
Are they going to be seperate FP notices one for 485 and one for 765??
So far I have received only one FP notice..So does this effect EAD renewals??
Any one on the same boat??
Thanks!
I am not fully clear on this..
Are they going to be seperate FP notices one for 485 and one for 765??
So far I have received only one FP notice..So does this effect EAD renewals??
Any one on the same boat??
Thanks!
ram_ram
01-05 10:51 AM
I contributed my 10 cents..Just now.
manderson
10-30 09:58 AM
stylepoet, I am no lawyer but I still think you can totally resolve this thing with a very good immigration lawyer instead of lobbying for a law change. If you wait around for legislative changes you may wind up waiting forever. Look at us. A multi-million dollar lobby like Compete America (which represent Fortune 500s like Microsoft, Google, Oracle, etc.) have been working towards some of the same goals we have been trying to achieve for the last 4-5 years, and either of us can hardly get anything done in Congress.
Compared to the legal limbo we are in, your case really isn't that difficult. I am not trying to condescend you or anything but you my friend need to get a better lawyer if your current one is telling you that your case it stuck. It isn't! There are a lot of things you can do to manage your transition from E2 to EB5.
One of the things you can do is convert your college-going daughter's status to F-1 (by getting a I-20) perhaps temporarily while you sell your business and apply for EB5. I know someone who was already in the US in May/June but his H1 didn't start till Oct and he didn't want to leave and re-enter becoz of embassy hassles back in his home country, so he applied for a Master's from a university and got an I-20 pretty quickly which helped him bridge the gap between June and Oct (he had to study full-time ofcourse to maintain status during that bridge-time). Another way to avoid missing school, is to do this over next summer when both of your daughters will be off for summer break...
Once your kids turn 21 they will age out anyway. Meaning they will have to pursue their own green cards. So if you want them to get their green cards as your dependants you really need to move now. Take it from us. You really don't want to wait around for law changes!!
:)
Thanks for your input, Manderson. My family has been here for four years. We have two sons in England, one of whom is going through the E2 application process, and two daughters, one at University and one in high school. We would all like to stay permanently, but in order to raise the money for EB5, we would have to sell our business and that would put us in breach of our visa conditions.
The half-centrury old E2 laws need to be updated to reflect the valuable economic input of investors. It is unrealistic to expect people to come here, settle their families and run successful businesses for a few years and then go home. Most decide they would like to stay but have no path to GC.
We can't just leave the country and start again because of our daughters' education. Feels like catch 22, but I believe reform is the way forward.
Compared to the legal limbo we are in, your case really isn't that difficult. I am not trying to condescend you or anything but you my friend need to get a better lawyer if your current one is telling you that your case it stuck. It isn't! There are a lot of things you can do to manage your transition from E2 to EB5.
One of the things you can do is convert your college-going daughter's status to F-1 (by getting a I-20) perhaps temporarily while you sell your business and apply for EB5. I know someone who was already in the US in May/June but his H1 didn't start till Oct and he didn't want to leave and re-enter becoz of embassy hassles back in his home country, so he applied for a Master's from a university and got an I-20 pretty quickly which helped him bridge the gap between June and Oct (he had to study full-time ofcourse to maintain status during that bridge-time). Another way to avoid missing school, is to do this over next summer when both of your daughters will be off for summer break...
Once your kids turn 21 they will age out anyway. Meaning they will have to pursue their own green cards. So if you want them to get their green cards as your dependants you really need to move now. Take it from us. You really don't want to wait around for law changes!!
:)
Thanks for your input, Manderson. My family has been here for four years. We have two sons in England, one of whom is going through the E2 application process, and two daughters, one at University and one in high school. We would all like to stay permanently, but in order to raise the money for EB5, we would have to sell our business and that would put us in breach of our visa conditions.
The half-centrury old E2 laws need to be updated to reflect the valuable economic input of investors. It is unrealistic to expect people to come here, settle their families and run successful businesses for a few years and then go home. Most decide they would like to stay but have no path to GC.
We can't just leave the country and start again because of our daughters' education. Feels like catch 22, but I believe reform is the way forward.
bho123
08-11 11:35 PM
I am in the same boat as you. My EAD expires on Sept 12th. Still no response from NSC center. I have few friends that I know, who filed after I did and they all have recieved their EADs. Not sure whats going on.
I would suggest you call uscis and place a request to expedite or call the congressman in your area to help expedite. I did place an expedite request and fortunately within 5 days from placing the expedite request my status changed from initial review to CPO
I would suggest you call uscis and place a request to expedite or call the congressman in your area to help expedite. I did place an expedite request and fortunately within 5 days from placing the expedite request my status changed from initial review to CPO
more...
natrajs
05-12 10:09 AM
Congratulation �KOSU
I got mine yesterday evening.
Thanks IV for their support during Green card painful journey.
Priority date:- June 2002
EB Category:- EB3
Approved 140: September 2007
Change the Job September 2007
Change EB3 to EB2, Recapture old priority date June 2002
New I140 approve FEB 2007 Premium processing.
New Category EB2
RD I485- May 2007
FP July 2007
NC: Not sure
I 485 approved:- 05/09/2008
Congrats and Best Wishes
I got mine yesterday evening.
Thanks IV for their support during Green card painful journey.
Priority date:- June 2002
EB Category:- EB3
Approved 140: September 2007
Change the Job September 2007
Change EB3 to EB2, Recapture old priority date June 2002
New I140 approve FEB 2007 Premium processing.
New Category EB2
RD I485- May 2007
FP July 2007
NC: Not sure
I 485 approved:- 05/09/2008
Congrats and Best Wishes
sioux
12-21 08:34 AM
There is no limit on the amount of money that a person can bring in. However if a person is carrying $10 k (this includes cash, travellers check, bank draft etc) or >5k in cash then that has to be declared at customs and person should go through Red Channel.
Are there any fees that has to be paid when the amount is declared? And is this for visitors only?
Are there any fees that has to be paid when the amount is declared? And is this for visitors only?
more...
chanduv23
03-14 02:18 PM
My project got over 2 weeks back and I have an EAD. I am looking for jobs and the market is very tight.
So my suggestion - just don't relax because U can safely move jobs on EAD. Keep trying hard. AFAIK there is no difference in the interviewing process so keep trying hard for jobs
So my suggestion - just don't relax because U can safely move jobs on EAD. Keep trying hard. AFAIK there is no difference in the interviewing process so keep trying hard for jobs
mkrisa
08-11 01:23 PM
bumping
more...
kumkum
08-04 01:46 PM
Thank you very much Mr.sk.aggarwal.i will call them.
gimme_gc_asap
06-19 10:55 PM
Be cool my babies....
Be nice to the guy
It may or may not. No one knows. Dont act like you know it all!!
Be nice to the guy
It may or may not. No one knows. Dont act like you know it all!!
more...
glus
03-19 11:55 AM
Gurus,
I am writing on behalf of a close friend who is too worried to write it for himself.
Case:
He is a July 2007 filer with PD of Nov 2003 and recently had his I485 rejected. Reason - I140 denied and no appeal. However, when he checks his I140 status, it says, its still pending. He had received an RFE on I140 in October 2007 about Employment status and he had submitted all the required evidence. He also is in the same company that filed his labor. The only change he ever made is moving to a new place in the same city. Does anyone have a similar experience? What needs to be done apart from consulting a good immigration attorney? Your advice will be much appreciated.
Well. Even if I140 was denied for no good reason, and your friend files an appeal and it eventually gets approved, his priority date must be current when he re-submits his I485. So, this way or another, he needs to get I140 approved. I140 appeals take a long time. Maybe, he can try to re-do I140? That would be much faster and probably less expensive.
I am writing on behalf of a close friend who is too worried to write it for himself.
Case:
He is a July 2007 filer with PD of Nov 2003 and recently had his I485 rejected. Reason - I140 denied and no appeal. However, when he checks his I140 status, it says, its still pending. He had received an RFE on I140 in October 2007 about Employment status and he had submitted all the required evidence. He also is in the same company that filed his labor. The only change he ever made is moving to a new place in the same city. Does anyone have a similar experience? What needs to be done apart from consulting a good immigration attorney? Your advice will be much appreciated.
Well. Even if I140 was denied for no good reason, and your friend files an appeal and it eventually gets approved, his priority date must be current when he re-submits his I485. So, this way or another, he needs to get I140 approved. I140 appeals take a long time. Maybe, he can try to re-do I140? That would be much faster and probably less expensive.
laborchic
10-06 11:39 AM
Its an honor to have such prestigious members on IV Advisory boards..
Great to know that we are in good hands..
Great to know that we are in good hands..
more...
hpandey
03-16 12:53 PM
expect an RFE in a month or two. Also fill in your profile to help others...
Guruji - Can you please predict something about my GC application too :D
Guruji - Can you please predict something about my GC application too :D
JunRN
06-02 06:18 PM
What happens when a new I-140 was filed but was denied, will USCIS consider the previously approved i-140 for the AOS (i-485)?
more...
wellwisher02
03-29 09:37 PM
Hello All,
I have an Appointment in Halifax Canada but I was wondering if I am eligible for the following
1 ) My H1B visa expired on 12/09/2006 from Company A
2) I have I94 from Company B and I want H1B visa from Company B
In Halifax appointment letter it says that they "issue visas for residents of our Consular district and for state-side revalidations only".
I am from India and I going to Canada on Visitors visa.
Please let me know.
Thanks,
SG
---
As far as I believe, you should not have any problem whatsoever in getting your H1B visa from Company B stamped in your passp
ort. You need to carry all relevant documents related to H1B (including old H1B approvals, old passport (if any), employment credentials, proof of address, W2 forms, etc) so that you're not caught unawares during the H1B visa validation process. Before you board the flight back to the US with your new H1B visa, the US Immigration/Customs counter will issue you a new I-94.
God forbid, even if they deny your H1B visa from your new employer, you should still be able to return to the US on the expired H1B visa since you made an honest H1B visa trip.
On "issue visas for residents of our Consular district and for state-side revalidations only", I'd suggest you call up the US Consulate to make it doubly-sure you do not run into any issue.
I had been to Vancouver, Canada a couple of times to get my H1B visa stamped. On both occasions, the H1B visa stamping was successful.
I have an Appointment in Halifax Canada but I was wondering if I am eligible for the following
1 ) My H1B visa expired on 12/09/2006 from Company A
2) I have I94 from Company B and I want H1B visa from Company B
In Halifax appointment letter it says that they "issue visas for residents of our Consular district and for state-side revalidations only".
I am from India and I going to Canada on Visitors visa.
Please let me know.
Thanks,
SG
---
As far as I believe, you should not have any problem whatsoever in getting your H1B visa from Company B stamped in your passp
ort. You need to carry all relevant documents related to H1B (including old H1B approvals, old passport (if any), employment credentials, proof of address, W2 forms, etc) so that you're not caught unawares during the H1B visa validation process. Before you board the flight back to the US with your new H1B visa, the US Immigration/Customs counter will issue you a new I-94.
God forbid, even if they deny your H1B visa from your new employer, you should still be able to return to the US on the expired H1B visa since you made an honest H1B visa trip.
On "issue visas for residents of our Consular district and for state-side revalidations only", I'd suggest you call up the US Consulate to make it doubly-sure you do not run into any issue.
I had been to Vancouver, Canada a couple of times to get my H1B visa stamped. On both occasions, the H1B visa stamping was successful.
jonty_11
01-18 12:53 PM
yes, everything is possible with USCIS but not at I-485 stage!! You can't say at I-485 why can't you hire americans?? They have to give different reason for denial.
and trust me they will find one....
BTW - Canadian Dollar is doing better that USD...!!!!
and trust me they will find one....
BTW - Canadian Dollar is doing better that USD...!!!!
more...
h1techSlave
05-14 12:31 PM
Urbana is a new community. Home taxes are twice compared to similar houses in VA. It is also around 50 miles from DC.
If you are looking in 300K range with best schools,large indian community then Villages of Urbana in Frederick is one of the better choices.
The property tax is pretty low here because it is in Frederick county. I hope this information helps you. The elementary,middle and high schools here are one of the best in the state.
If you are looking in 300K range with best schools,large indian community then Villages of Urbana in Frederick is one of the better choices.
The property tax is pretty low here because it is in Frederick county. I hope this information helps you. The elementary,middle and high schools here are one of the best in the state.
H1B2GC
09-30 09:20 PM
You could use AC21 after 180 days of I-485 filing but your I-140 should remain approved. If either your company revokes I-140 because you failed to maintain good relationship with them or USCIS revokes it because they discovered something regarding your company which was not available to them when your case was approved or if they find out that you switched jobs before 180 days, they will deny your I-485. But you could open a motion to reconsider and later appeal in court. If you are still not tired, you'll have your LC priority date which you could use for your future greencard.
If you plan to join a new company before 180 days use H1B otherwise use AC21 and work on EAD. I undertand that you are getting depressed regarding the whole process.
This is a game US is playing against the high skilled to drain out their knowledge. Get up, take your chances and screw them up in a same or similar classification for the time and $ you lost.
If you plan to join a new company before 180 days use H1B otherwise use AC21 and work on EAD. I undertand that you are getting depressed regarding the whole process.
This is a game US is playing against the high skilled to drain out their knowledge. Get up, take your chances and screw them up in a same or similar classification for the time and $ you lost.
gmail
07-22 01:31 AM
Take advice of another lawyer. I have a friend who did something similar and he is simply sitting tight (on advice of his lawyer). So I would not simply start the whole process from scratch before consulting a couple of other lawyers.
there is a memorandum issued by USCIS on
12/27/2005. It clearly indicated that I can't be denied due to leaving
previous employer prior to 180 days.
http://www.immigration.com/newsletter1/amendac21.pdf
Question 10. Should service centers or district offices deny
portability cases on the sole basis that the alien has left his or her
employment with the I-140 petitioner prior to the I-485 application
pending for 180 days?
Answer: No. The basis for adjustment is not actual (current)
employment but prospective employment. Since there is no requirement
that the alien have ever been employed by the petitioner while the
I-140 and/or I-485 was pending, the fact that an alien left the I-140
petitioner before the I- 485 has been pending 180 days will not
necessarily render the alien ineligible to port. However, in all cases
an offer of employment must have been bona fide. This means that, as
of the time the I-140 was filed and at the time of filing the I-485 if
not filed concurrently, the I-140 petitioner must have had the intent
to employ the beneficiary, and the alien must have intended to
undertake the employment, upon adjustment. Adjudicators should not
presume absence of such intent and may take the I-140 and supporting
documents themselves as prima facie evidence of such intent, but in
appropriate cases additional evidence or investigation may be
appropriate.
I guess that the key is to prove that it is a bona fide offer. I have worked for them for 4.5 years. So even if they won't cooperate, I can argue that it is real.
I won't want to restart the GC process again. We are talking about a big amount of money for the whole process.
there is a memorandum issued by USCIS on
12/27/2005. It clearly indicated that I can't be denied due to leaving
previous employer prior to 180 days.
http://www.immigration.com/newsletter1/amendac21.pdf
Question 10. Should service centers or district offices deny
portability cases on the sole basis that the alien has left his or her
employment with the I-140 petitioner prior to the I-485 application
pending for 180 days?
Answer: No. The basis for adjustment is not actual (current)
employment but prospective employment. Since there is no requirement
that the alien have ever been employed by the petitioner while the
I-140 and/or I-485 was pending, the fact that an alien left the I-140
petitioner before the I- 485 has been pending 180 days will not
necessarily render the alien ineligible to port. However, in all cases
an offer of employment must have been bona fide. This means that, as
of the time the I-140 was filed and at the time of filing the I-485 if
not filed concurrently, the I-140 petitioner must have had the intent
to employ the beneficiary, and the alien must have intended to
undertake the employment, upon adjustment. Adjudicators should not
presume absence of such intent and may take the I-140 and supporting
documents themselves as prima facie evidence of such intent, but in
appropriate cases additional evidence or investigation may be
appropriate.
I guess that the key is to prove that it is a bona fide offer. I have worked for them for 4.5 years. So even if they won't cooperate, I can argue that it is real.
I won't want to restart the GC process again. We are talking about a big amount of money for the whole process.
dilipcpa
08-19 07:19 PM
My EAD is approved for 2 years last week, Today my attorney sent me I-140 reference answered is due by 1st Nov,
I will really appreciate your advise. My I-140 is filed for Accounting analyst.
My PD date is in Dec. 2006
As per Reference:
1) Please provide evidence (in the form of official academic transcript) of any additional education the beneficiary has obtained prior to Dec. 2006
2)The other one is for Company 's ability to pay and for my payroll records after PD to current. (This is not an issue as my firm is financially sound)
My I-140 is filed under skilled category, with 3 years eqiuvalent Bachelors degree, evaluated by degreepeople.
I have additional 2 years certification corses in business adminstration not considered by my attorney.
I will appreciate if some one can provide me better attorney to handle this case.
I will really appreciate your advise. My I-140 is filed for Accounting analyst.
My PD date is in Dec. 2006
As per Reference:
1) Please provide evidence (in the form of official academic transcript) of any additional education the beneficiary has obtained prior to Dec. 2006
2)The other one is for Company 's ability to pay and for my payroll records after PD to current. (This is not an issue as my firm is financially sound)
My I-140 is filed under skilled category, with 3 years eqiuvalent Bachelors degree, evaluated by degreepeople.
I have additional 2 years certification corses in business adminstration not considered by my attorney.
I will appreciate if some one can provide me better attorney to handle this case.
prabhu07
05-21 12:42 AM
(a) I am currently in L1 and have a priority date of May 2004 and I am in EB3 category
(b) I have an approved I-140
(c) My 485 has not been filed yet
(d) I just got my H1 approved and it would be effective from Oct 1 2008
So, if I change my current job from Employer A to Employer B and if Employer B agrees to take over my Green Card Process,
1) Should I re-file my I-140? (I presume the answer is Yes, but don't want to be a smart a**, wanted to get it clarified to the maximum extent possible)
2) Will my current Priority Date be carried over? That is, can I re-file my I-140 with my new Employer B with the same priority date of May 2004?
3) If I can move from Employer A to Employer B and file my new I-140, should this be done asap and before Employer A revokes my current approved I-140?
4) How much time does it take when I file I-140 with premium processing? (I can probably find this from USCIS website, but wanted to know real-time experiences)
5) Within how many days of joining my new Employer B should I file my new I-140?
6) I understand that the Employer A can revoke my I-140 and use my approved labor for any other viable applicant, but I also know that the Labor Substitution concept ceased to exist from July 2007. What is the benefit for my Employer A to revoke the I-140?
7) Last, but not the least - Should I file for a new labor where I will get a new Priority date and go back to that (god forsaken) square 1?
Thanks in advance for your time and I am finding it difficult to assimilate the answers from various posts.
(b) I have an approved I-140
(c) My 485 has not been filed yet
(d) I just got my H1 approved and it would be effective from Oct 1 2008
So, if I change my current job from Employer A to Employer B and if Employer B agrees to take over my Green Card Process,
1) Should I re-file my I-140? (I presume the answer is Yes, but don't want to be a smart a**, wanted to get it clarified to the maximum extent possible)
2) Will my current Priority Date be carried over? That is, can I re-file my I-140 with my new Employer B with the same priority date of May 2004?
3) If I can move from Employer A to Employer B and file my new I-140, should this be done asap and before Employer A revokes my current approved I-140?
4) How much time does it take when I file I-140 with premium processing? (I can probably find this from USCIS website, but wanted to know real-time experiences)
5) Within how many days of joining my new Employer B should I file my new I-140?
6) I understand that the Employer A can revoke my I-140 and use my approved labor for any other viable applicant, but I also know that the Labor Substitution concept ceased to exist from July 2007. What is the benefit for my Employer A to revoke the I-140?
7) Last, but not the least - Should I file for a new labor where I will get a new Priority date and go back to that (god forsaken) square 1?
Thanks in advance for your time and I am finding it difficult to assimilate the answers from various posts.
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