waiting4gc
09-11 07:56 PM
Murali,
Your India visit should not affect your gc. I know of several people who have gone out of the country after filing 485 (even without getting receipt). In one scenario, someone's application reached on 2nd and left the country on 3rd (with lawyer's approval). Ideally, you should wait for EAD/AP but according to my lawyer, it is ok to go out as long as you have a valid H1 stamp which allows you to reenter.
The only thing I can think of that can be impacted is your fingerprinting. If you get a notice while you are gone and don't return before the due date, your case will be considered abandoned (it is noted on the fingerprint receipt). To avoid this, inform your lawyer when you leave. They too get a copy of fingerprinting notice and can get it postponed for you if you are out of the country. Also make sure your mail is picked up regularly just in case USCIS tries to mail you some letter/EAD.
As always, check with your lawyer to get final opinion as your case is best known to him/her only.
My 2 cents, hope it helps.
Your India visit should not affect your gc. I know of several people who have gone out of the country after filing 485 (even without getting receipt). In one scenario, someone's application reached on 2nd and left the country on 3rd (with lawyer's approval). Ideally, you should wait for EAD/AP but according to my lawyer, it is ok to go out as long as you have a valid H1 stamp which allows you to reenter.
The only thing I can think of that can be impacted is your fingerprinting. If you get a notice while you are gone and don't return before the due date, your case will be considered abandoned (it is noted on the fingerprint receipt). To avoid this, inform your lawyer when you leave. They too get a copy of fingerprinting notice and can get it postponed for you if you are out of the country. Also make sure your mail is picked up regularly just in case USCIS tries to mail you some letter/EAD.
As always, check with your lawyer to get final opinion as your case is best known to him/her only.
My 2 cents, hope it helps.
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snathan
10-14 12:38 AM
My company filed an I-140 in December 2009. The petition (an EB2) was APPROVED in May 2010. A month or so later, I was laid off but BEFORE the I-485 was ever filed. As far as I know, the I-140 has not been revoked. What are my potential options here? Can I find a new employer to file a 485 provided the new job is similar to the I-140 petition or do they have to start the whole process again?
No...need to start the GC from scratch. You can not use your I140 as you no longer employed by the GC sponsor and can not use AC21 as I-485 was not filed.
No...need to start the GC from scratch. You can not use your I140 as you no longer employed by the GC sponsor and can not use AC21 as I-485 was not filed.
GotGC??
04-18 08:08 PM
I'm sure the members from the anti-immigrant groups lurking around here must be full of gratitude for you. Who knows, they may have been searching for details such as these, and all you had to do was dish it out to them.
Who needs enemies when they've got friends like you? :o
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Who needs enemies when they've got friends like you? :o
http://www.myvisajobs.com/
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raj3078
05-09 01:18 PM
And we might be in the final edited version (very good chance) for a few minutes
Great news
Great news
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irukandji
05-09 12:18 PM
Today I talked to Lvl-2 officer and he said that they are upgrading the online system and the status check should be back by end of this month(May)...Not sure if he's just covering up..
dan19
09-07 11:44 PM
thx 4 ur replies
more...
Bostongal
07-10 10:22 PM
Hello
I have received so many different responses regarding the shots required for over 65s. Our local health department, the INS Doctor and the INS all seem to be providing different information, I'm hoping someone can clarify.
The civil surgeon provided us with a list of shots, basically it contained all the shots including those that I thought were just for children. We went to a public health nurse today who gave us TDP and Varicella shots. Are the MMR, flu and pneumococcal shots required by the INS?
The INS approved Doctor wanted $600 per person for all of the shots. The exam and blood test were $120. We've decided to go to a private Doctor and the local health department for the shots instead of paying the $600. I'm hoping someone can clarify what is needed so that we avoid paying for shots that are not needed.
Thanks!
I have received so many different responses regarding the shots required for over 65s. Our local health department, the INS Doctor and the INS all seem to be providing different information, I'm hoping someone can clarify.
The civil surgeon provided us with a list of shots, basically it contained all the shots including those that I thought were just for children. We went to a public health nurse today who gave us TDP and Varicella shots. Are the MMR, flu and pneumococcal shots required by the INS?
The INS approved Doctor wanted $600 per person for all of the shots. The exam and blood test were $120. We've decided to go to a private Doctor and the local health department for the shots instead of paying the $600. I'm hoping someone can clarify what is needed so that we avoid paying for shots that are not needed.
Thanks!
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engineer
12-11 08:02 PM
this is greta idea! and I have seen it used in my comany ..
and people are motivated! you can see from recent campaign...people have contributed to 30K goal and we are near!!!!!!!!!!!
and people are motivated! you can see from recent campaign...people have contributed to 30K goal and we are near!!!!!!!!!!!
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wandmaker
12-26 10:42 AM
What document should I be sending to say that I am in I-485 adjustment status.
Along with other documents, include a copy of I485 Receipt Notice and EAD card.
Along with other documents, include a copy of I485 Receipt Notice and EAD card.
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optimist578
10-17 07:37 AM
I am in the same situation as thesaintmav. My priority date is Mar 03.
I am really curious to find out more about the conversion process from EB3 to EB2, especially, whether it can be done staying in the same company.
Waiting for the EB3 pointer to move from Apr 01 to Mar 03 might take ages, I would guess at least 1 to 1.5 years - given that the EB3 visas are retrogressed in "all categories" - not just India or China.
I am really curious to find out more about the conversion process from EB3 to EB2, especially, whether it can be done staying in the same company.
Waiting for the EB3 pointer to move from Apr 01 to Mar 03 might take ages, I would guess at least 1 to 1.5 years - given that the EB3 visas are retrogressed in "all categories" - not just India or China.
more...
vhd999
10-07 10:19 AM
Sorry, if this question is asked before. I could not find the answer even after a thorough search.
My EB3 � India, I-485 application is pending and I am planning to explore options of porting to EB2.
I am currently working with another employer (B) different from the GC sponsoring company (A) using AC-21 rule.
My current employer (B) is planning to apply for labor in EB2 category.
The job requirements satisfy EB2 eligibility and I have the skills/qualifications for the EB2 category before I joined the current employer (B) (in fact even before joining the employer A).
Two questions:
1). Do you see any problem with the above scenario?
2). If you are not a lawyer, can you please suggest a good immigration lawyer that is very good at dealing with porting.
Thanks in advance.
My EB3 � India, I-485 application is pending and I am planning to explore options of porting to EB2.
I am currently working with another employer (B) different from the GC sponsoring company (A) using AC-21 rule.
My current employer (B) is planning to apply for labor in EB2 category.
The job requirements satisfy EB2 eligibility and I have the skills/qualifications for the EB2 category before I joined the current employer (B) (in fact even before joining the employer A).
Two questions:
1). Do you see any problem with the above scenario?
2). If you are not a lawyer, can you please suggest a good immigration lawyer that is very good at dealing with porting.
Thanks in advance.
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Charleh
01-16 07:45 AM
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tonyHK12
03-21 02:23 PM
Thanks for quick reply
I donated 50$ through pay pal.
Your receipt number for this payment is: 46xx-xxxx-xxxx-0287
thanks for supporting Advocacy days this is updated at:
http://immigrationvoice.org/forum/forum85-action-items-for-everyone/1904554-action-item-advocacy-day-contributions-31.html#post2460852
I donated 50$ through pay pal.
Your receipt number for this payment is: 46xx-xxxx-xxxx-0287
thanks for supporting Advocacy days this is updated at:
http://immigrationvoice.org/forum/forum85-action-items-for-everyone/1904554-action-item-advocacy-day-contributions-31.html#post2460852
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kvrr
06-12 04:52 PM
Stay away from Harvey Shapiro law firm in NJ/NY. Very irresponsible.
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sachya
08-19 05:30 PM
Thanks all for your responses.
He got his passport with a stamped Visa y'day.
The long wait has finally paid off.
He got his passport with a stamped Visa y'day.
The long wait has finally paid off.
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milind70
06-15 09:15 PM
My H1 expired and the extension is in process. But they did not file for H4 extension. I was told by my employer that she can get a visa stamp by presenting my H1 paper at the consulate. Is this true ? If so, what is the significance of H4 approval notice ?
There are two scenarios to this
Scenario one
h1 applicant is in US h4 applicant is in US
In this case the employer must file H1 exentsion and as well as I 539(application to extent/change nonimmigrnat status).
This is because the 1-94 for the H4 applicant must be extended.
Remember I 94 deciedes the status period,so the old I 94 of H4 needs to be extended for the period of H1 extension.
Scenario Two.
h1 applicant is in US while h4 has travelled out just before extension.
in this case the employer just files for h1 extension and not for I 539 because the dependent of h1 is not in status since dependent is out of the country(as h4 applicant submitted the I 94 at airport while leaving).
the h4 applicant can take a copy of h1 to the conuslate for new stamping of h4 next time around.
There are two scenarios to this
Scenario one
h1 applicant is in US h4 applicant is in US
In this case the employer must file H1 exentsion and as well as I 539(application to extent/change nonimmigrnat status).
This is because the 1-94 for the H4 applicant must be extended.
Remember I 94 deciedes the status period,so the old I 94 of H4 needs to be extended for the period of H1 extension.
Scenario Two.
h1 applicant is in US while h4 has travelled out just before extension.
in this case the employer just files for h1 extension and not for I 539 because the dependent of h1 is not in status since dependent is out of the country(as h4 applicant submitted the I 94 at airport while leaving).
the h4 applicant can take a copy of h1 to the conuslate for new stamping of h4 next time around.
more...
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watzgc
09-19 07:14 PM
is it for Sub-Labour ? Category ?
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dvb123
01-11 09:10 PM
I am also in a similar situation. My dad's brother filed for my dad in 1983. However my dad did not go for his visa interview as he was no longer interested in moving to US and due to him I am stuck reading immigrationvoice.org forums everyday.
Since your application is filed before 1998 you are eligible for 245(i) as a grandfathered alien . Suppose you fall out of status for any amount of time during your h1 period you can use 245(i) , pay 1000$ and still file for i-485 .
245(k) which is available for everybody and protects an out of status person for 180 days while 245(i) is available for persons only who were a beneficiary or a derivative beneficiary of a i-130 application or i-140 application before 1998.
I did extensive research on porting of priority dates. Priority dates can be ported in the following situations
a) Family petition when a son/daughter turns 21.
b) Employment based petition when an i-140 is approved and will not be revoked by the previous employer before this i-140 priority date is transferred to another i-140 petition.
c) Employment based petition when 180 days have passed since i-485 is filed and i-140 is approvable due to AC 21 regulations (note the word approvable)
d) Priority dates before 1977.
However I do know of any recapture mechanism for priority dates from family based petitions to employment based petitions. However if you do find any interesting information about porting dates from family based application to employment based information pls do post it.
Since your application is filed before 1998 you are eligible for 245(i) as a grandfathered alien . Suppose you fall out of status for any amount of time during your h1 period you can use 245(i) , pay 1000$ and still file for i-485 .
245(k) which is available for everybody and protects an out of status person for 180 days while 245(i) is available for persons only who were a beneficiary or a derivative beneficiary of a i-130 application or i-140 application before 1998.
I did extensive research on porting of priority dates. Priority dates can be ported in the following situations
a) Family petition when a son/daughter turns 21.
b) Employment based petition when an i-140 is approved and will not be revoked by the previous employer before this i-140 priority date is transferred to another i-140 petition.
c) Employment based petition when 180 days have passed since i-485 is filed and i-140 is approvable due to AC 21 regulations (note the word approvable)
d) Priority dates before 1977.
However I do know of any recapture mechanism for priority dates from family based petitions to employment based petitions. However if you do find any interesting information about porting dates from family based application to employment based information pls do post it.
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LostInGCProcess
11-04 11:07 AM
Gurus,
My contract pre-maturly ended on Sep 27, 2008. I was on hourly rate on W2. So far I haven't find any assignment. I don't get paid.
Am I eligible for unemployment benefits. Has anyone claimed this. Are there any future disadvantages if you show unemployment.
Please let me know
Thanks and Regards
I am not sure about contracting positions, but if you were a full-time employee of a company and are laid-off, then you are eligible to claim unemployment benefits, which is true for GC holders, too.
My contract pre-maturly ended on Sep 27, 2008. I was on hourly rate on W2. So far I haven't find any assignment. I don't get paid.
Am I eligible for unemployment benefits. Has anyone claimed this. Are there any future disadvantages if you show unemployment.
Please let me know
Thanks and Regards
I am not sure about contracting positions, but if you were a full-time employee of a company and are laid-off, then you are eligible to claim unemployment benefits, which is true for GC holders, too.
Aura M.
01-14 04:07 PM
I am in the same boat, and am not sure if a lawyer is needed or is it something simple enough that "even a caveman" can do it??
I am not trying to hijack your thread, thought it'll be appropriate to add it to the thread that you have started.
I will do it my self, but I need to be inform before, to avoid any mixtakes, I think is not impossible without a lawyer...
I am not trying to hijack your thread, thought it'll be appropriate to add it to the thread that you have started.
I will do it my self, but I need to be inform before, to avoid any mixtakes, I think is not impossible without a lawyer...
ice_mountain
07-17 08:16 PM
1. The title noted on the labor form was "Associate". On the job description letter, is it ok if the title is noted as "Financial Associate Analyst". Plus my labor was approved as IS Manager. Would the "financial" title cause a problem?
2. My lawyer put a very generic sentence as my job description. Does my job experience letter have to have the exact same generic sentence in it? and is it ok if the letter has more duties on it other than the one mentioned on the labor form (i did different stuff at that job, finance, IT, sales etc)
3. My lawyer put the required degree on the labor form as "Computer Science". However; I have a MIS degree. Is that going to be a problem when applying for i140?
2. My lawyer put a very generic sentence as my job description. Does my job experience letter have to have the exact same generic sentence in it? and is it ok if the letter has more duties on it other than the one mentioned on the labor form (i did different stuff at that job, finance, IT, sales etc)
3. My lawyer put the required degree on the labor form as "Computer Science". However; I have a MIS degree. Is that going to be a problem when applying for i140?
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