crystal
02-14 07:49 PM
You cannot jump to EAD unless you file ur wife I-485 . Before that if you jump to EAD , your wife has to leave the country as she become out of status as you are no more on H1b.
ok, what would be my future wife status in case i jump to EAD after bringing her here on H4. i cant add her to 485 unless PD is current
please advice
ok, what would be my future wife status in case i jump to EAD after bringing her here on H4. i cant add her to 485 unless PD is current
please advice
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bidhanc
04-19 02:47 PM
Hi,
I just got back from Mumbai.
My Indian passport was issued here in the States.
My last place of work in India was Delhi (that was in 2000,where I got my initial visa done).
But I am a resident of Bhubaneswar.
I opted for Mumbai as it was going to be my port of entry.
Did not get any such warning or mail.
So not much trouble as far as the stamping was concerned.
Don't understand why they would try and compel you to move to your own district. This must be a recent thing.
Important question is, if they refuse to stamp at your first choice, how do you get the 2nd appointment at your own district? And will it be worth the trouble.
Sorry, don't know abt that.
Bidhan
I just got back from Mumbai.
My Indian passport was issued here in the States.
My last place of work in India was Delhi (that was in 2000,where I got my initial visa done).
But I am a resident of Bhubaneswar.
I opted for Mumbai as it was going to be my port of entry.
Did not get any such warning or mail.
So not much trouble as far as the stamping was concerned.
Don't understand why they would try and compel you to move to your own district. This must be a recent thing.
Important question is, if they refuse to stamp at your first choice, how do you get the 2nd appointment at your own district? And will it be worth the trouble.
Sorry, don't know abt that.
Bidhan
myan88
03-30 11:08 AM
Your lawyer is right. People are taking advantage of portabilty of PD in multiple 140s. However, they are forgetting fundamental of 140 sponsership. Your employer already filed a 140 for a higher level position (EB2) and now requesting again USCIS to approve a 140 for a lower level position (EB3) for same employee with in a months. How will you justify? Howmany job offer your employer can give you? Is there any logic involved, for a person already given a higher level position, to take a lower level position. In the eyes of USCIS, it will defintly looks like your employer is doing fraud and there is no genuine job offer to you. If it is otherway, it may not look bad. If your first I-140 was EB3 and second one is EB2, then there may be a logic.
Yes, what you said is exactly the attorney is concerned. I do know that there are a lot of such cases got approved without any problems. But if my employer refuses to cooperate with this excuse, definitely he is not wrong on the legal base, although the employer promisesed: we will try to get your gc as quick as possible.
But how do you think if in the cover letter, we tell USCIS that the purpose of filing this 2nd EB3 140 is to carry over the PD? We can explain the background why we have to do it -- first EB3 labor pending in DOL for 3 years, PERM system came as quicker way and got EB2 approved quickly but encountered visa quota retrogession. If we told USCIS everything, do you think it still cause fraud issue? Because definition of FRAUD is: intentional perversion of truth in order to induce another to part with something of value or to surrender a legal right. It really depends on USCIS officer to judge it case by case -- may be denied or approved.
I know one attorney processed similiar case and got RFE to be questioned: why do you apply EB3 after EB2 is approved? The attorney just honestly answered RFE: the beneficiary need the earlier PD. Then this EB3 140 case got approved quite quickly.
Yes, what you said is exactly the attorney is concerned. I do know that there are a lot of such cases got approved without any problems. But if my employer refuses to cooperate with this excuse, definitely he is not wrong on the legal base, although the employer promisesed: we will try to get your gc as quick as possible.
But how do you think if in the cover letter, we tell USCIS that the purpose of filing this 2nd EB3 140 is to carry over the PD? We can explain the background why we have to do it -- first EB3 labor pending in DOL for 3 years, PERM system came as quicker way and got EB2 approved quickly but encountered visa quota retrogession. If we told USCIS everything, do you think it still cause fraud issue? Because definition of FRAUD is: intentional perversion of truth in order to induce another to part with something of value or to surrender a legal right. It really depends on USCIS officer to judge it case by case -- may be denied or approved.
I know one attorney processed similiar case and got RFE to be questioned: why do you apply EB3 after EB2 is approved? The attorney just honestly answered RFE: the beneficiary need the earlier PD. Then this EB3 140 case got approved quite quickly.
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Canadianindian
07-06 11:17 AM
http://www.washingtonpost.com/wp-dyn/content/discussion/2007/06/30/DI2007063000525.html
Please post on the question on USCIS/DOS mess up, if there are enough people asking the same question then they migh answer it
What questions are you asking, and we can ask same questions.
Please post on the question on USCIS/DOS mess up, if there are enough people asking the same question then they migh answer it
What questions are you asking, and we can ask same questions.
more...
new2gc
02-16 01:56 PM
These time- pass threads are better than EB2 Vs EB3 threads.
If you are passing time on IV website...sorry.. either you may be a dumb .... who doesn't know what mess you are in (per your id EB3-Nov5) or an even more dumb anti guy...it is as simple as that... Since you are ignorant..I don't want to argue any further with you...
If you are passing time on IV website...sorry.. either you may be a dumb .... who doesn't know what mess you are in (per your id EB3-Nov5) or an even more dumb anti guy...it is as simple as that... Since you are ignorant..I don't want to argue any further with you...
javadeveloper
12-17 04:21 PM
Dates were current till 2005. They were again current in between.
dates were current till Dec 2004(http://travel.state.gov/visa/frvi/bulletin/bulletin_1343.html).afterthat in 48 months (05,06,07,08)dates were current only for 1 month(July 2007) which is for about 2% of the time.
Jan 05 VB - http://travel.state.gov/visa/frvi/bulletin/bulletin_2007.html
dates were current till Dec 2004(http://travel.state.gov/visa/frvi/bulletin/bulletin_1343.html).afterthat in 48 months (05,06,07,08)dates were current only for 1 month(July 2007) which is for about 2% of the time.
Jan 05 VB - http://travel.state.gov/visa/frvi/bulletin/bulletin_2007.html
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cgeek4u
09-07 08:42 PM
Based on my experience, employer can't damage your GC process. H1 is like an offer. Its up to you to join that company or not. You can apply for multiple H1b's at the same time. So even if your employer cancel the H1 it should not affect you. But it may be worth confirming with a lawyer if you are worried.
Hope this helps.
Hope this helps.
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brij523
02-28 06:14 AM
Thanks you
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gparr
June 14th, 2005, 03:16 AM
I use Canon gear, so am not much help with Nikon. However, my macro lens is the Sigma EX 105 and I think it is one of the best lens values available. I've owned it for a year now and use it more than any other of my lenses. Autofocus is slow, but I have yet to figure out why I'd want autofocus for macro work, so it doesn't matter. To get more reach, I'm seriously considering the new Sigma EX 150 macro. It is getting excellent reviews and images I've seen are as good as they get. I don't use any other magnifying techniques, so I can't offer any help with some of the other items you mentioned. Here's my current favorite shot with the Sigma macro.
Gary
http://www.dphoto.us/forumphotos/data/500/rose01.jpg
Gary
http://www.dphoto.us/forumphotos/data/500/rose01.jpg
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garybanz
09-28 12:13 PM
I called up USCIS - Number: 1-800-375-5283, If you don't have a receipt number and want to get one Touch Key options to press are : 1-2-2-6-2-2-1
You need to say that your application is more than 90 days old, else you will be kicked out.
If you say that your application is more than 90 days old then you will be transferred to another person who will give you the receipt numbers.
For the record there should be one receipt number for each applicant (your dependents and you)) for each document (485, 131, 765)
You need to say that your application is more than 90 days old, else you will be kicked out.
If you say that your application is more than 90 days old then you will be transferred to another person who will give you the receipt numbers.
For the record there should be one receipt number for each applicant (your dependents and you)) for each document (485, 131, 765)
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wandmaker
11-16 11:29 AM
Please Help since I dont know what to do as I was expecting the EAD card to start a new job.
Wait for 30 days from the EAD mailing date and open a SR with USCIS and take infopass appointment. Discuss the issue with CSR & IO. They will tell you exactly what you need to do.
Wait for 30 days from the EAD mailing date and open a SR with USCIS and take infopass appointment. Discuss the issue with CSR & IO. They will tell you exactly what you need to do.
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HV000
09-17 08:08 PM
Hello all,
I had a question: My and my wife's 485 ND is august 27 from TSC. We haven't got any FP notice yet.
Is anyone in a similar situation? data indicates that most of the august notice dates applicants have already got their FP appointments. I am from NJ so newark must be my ASC.
Should I call USCIS or wait?
Any suggestions are welcomed...
Thanks.
You can call USCIS if you don't receive the FP NOTICE by the end of this month.
I had a question: My and my wife's 485 ND is august 27 from TSC. We haven't got any FP notice yet.
Is anyone in a similar situation? data indicates that most of the august notice dates applicants have already got their FP appointments. I am from NJ so newark must be my ASC.
Should I call USCIS or wait?
Any suggestions are welcomed...
Thanks.
You can call USCIS if you don't receive the FP NOTICE by the end of this month.
more...
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sledge_hammer
07-09 04:28 PM
What about those whose PD is 2006 or later and DID file I-485?!?
What a waste of poll!
What a waste of poll!
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kaisersose
06-26 09:01 AM
Hi,
I have posted the same issue in another thread but i did not get any response So I'm changing the title and reposting.
I have been working for my current employer from last 4 years.I have good relations with my employer.I have 140 approved and my 485 is pending for more than 180 days.Now I want to join any new employer using my EAD.But I don't want to invoke AC 21.If my dates are current again and if i get any RFE I will submit the offer letter from my old employer.
My case is I'm using EAD after 140 is approved and 485 is pending more than 180 days and joining a new employer.As GC is future employment I can always say that I will join my old employer when ever i get a GC.This way I can avoid AC 21. Also If my employer doesn't give me the offer letter I can still manage to get it from any Consulting firm with same job title and same salary.
Can any one suggest me on this?
Thanks
h12gc
If you are working for A, but respond to a RFE with an offer letter from B - for whom you have no intention of working - then you are breaking the law.
Your job with A should be similar to your Labor job and you should respond to any RFE with a copy of your offer letter from A.
I have posted the same issue in another thread but i did not get any response So I'm changing the title and reposting.
I have been working for my current employer from last 4 years.I have good relations with my employer.I have 140 approved and my 485 is pending for more than 180 days.Now I want to join any new employer using my EAD.But I don't want to invoke AC 21.If my dates are current again and if i get any RFE I will submit the offer letter from my old employer.
My case is I'm using EAD after 140 is approved and 485 is pending more than 180 days and joining a new employer.As GC is future employment I can always say that I will join my old employer when ever i get a GC.This way I can avoid AC 21. Also If my employer doesn't give me the offer letter I can still manage to get it from any Consulting firm with same job title and same salary.
Can any one suggest me on this?
Thanks
h12gc
If you are working for A, but respond to a RFE with an offer letter from B - for whom you have no intention of working - then you are breaking the law.
Your job with A should be similar to your Labor job and you should respond to any RFE with a copy of your offer letter from A.
more...
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nomorelogins
11-16 04:23 PM
your pd needs to be current for being allocated a visa number.
they process ( fp/namecheck etc ) and you eventually become documentarily ready. but still pd needs to be current to get GC
eligible_for_visa_num_alloc = pd_current && documentraily_ready && visa_number_available
they process ( fp/namecheck etc ) and you eventually become documentarily ready. but still pd needs to be current to get GC
eligible_for_visa_num_alloc = pd_current && documentraily_ready && visa_number_available
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me_myself
12-16 10:57 AM
why do you say it will become void? I am going to work for the same employer who got my H1.
Thanks.
Thanks.
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solaris27
05-22 09:29 AM
yes u can do it
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Prashanthi
07-22 05:43 PM
Hi,
Could you please advice for the below case.
Entered US on H4 in 2005, then got H1 approved in 2006. But was never on project with H1, hence no pay stubs. Currently H1 has expired and planning to go India for H4 stamping. Will there be any problems regarding the H1 period where there were no Paystubs?
Thanks
Yes you will have a problem as you received a COS to H-1 and never worked on it from 2006, you are technically out of status for that period. In addition your I-94 has not expired and you are still in the country, if it has expired more than 6 months ago their are other issues of unlawful presence. When you go out of the country for a stamping the officer will look at your status before granting you a H-4. You are in trouble, suggest you take a consultation with an attorney to try and resolve your problem.
Could you please advice for the below case.
Entered US on H4 in 2005, then got H1 approved in 2006. But was never on project with H1, hence no pay stubs. Currently H1 has expired and planning to go India for H4 stamping. Will there be any problems regarding the H1 period where there were no Paystubs?
Thanks
Yes you will have a problem as you received a COS to H-1 and never worked on it from 2006, you are technically out of status for that period. In addition your I-94 has not expired and you are still in the country, if it has expired more than 6 months ago their are other issues of unlawful presence. When you go out of the country for a stamping the officer will look at your status before granting you a H-4. You are in trouble, suggest you take a consultation with an attorney to try and resolve your problem.
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yingli
08-27 01:42 PM
Thank you, Googler for the very useful links on how to respond to the government's motion to dismiss. Thanks to brb2 for your posts!
I am now researching all the links from the posts above. I may have further questions. Hope I can get your help again! Thanks to all of you who replied. It is great help and encouragement!
YL
I am now researching all the links from the posts above. I may have further questions. Hope I can get your help again! Thanks to all of you who replied. It is great help and encouragement!
YL
gconmymind
04-22 04:57 PM
This should also act as an eyeopener for those people on H-1B who are just about now starting their GC process. Such people can forget getting a GC for the next 12-15 years.
If you are young (in late 20s), you should reevaluate this whole idea of coming here on EB GC. It maynot be worth the wait and the suffering.
----------------------------------
I think I will change my ID to "(Non)Eternal_Hope"
The eternal optimist in me says that by the end of 2010, everyone who could file during July 07 will get their GC. This will happen due to CIR/STEM Exemption/Recapture combination. I hope my words come true!!!!
Peace..
If you are young (in late 20s), you should reevaluate this whole idea of coming here on EB GC. It maynot be worth the wait and the suffering.
----------------------------------
I think I will change my ID to "(Non)Eternal_Hope"
The eternal optimist in me says that by the end of 2010, everyone who could file during July 07 will get their GC. This will happen due to CIR/STEM Exemption/Recapture combination. I hope my words come true!!!!
Peace..
gcisadawg
03-22 01:48 AM
My sympathies and condolences to the family. I hope that the strength of their belief gives them courage and comfort during these tragic times.
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