eb3retro
07-08 05:55 PM
you still didnt answer my question, who are you and why are you here and that too sneakily...(;)). Caught you pretty good eh??
To solve the EB immigration issue, we need to focus on issues that are pertinent to the problem. How and why does it matter what my status is? I know the truth hurts, but just coz someone does not like it, does not change it. I am not giving my opinion - it's the truth.
To solve the EB immigration issue, we need to focus on issues that are pertinent to the problem. How and why does it matter what my status is? I know the truth hurts, but just coz someone does not like it, does not change it. I am not giving my opinion - it's the truth.
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gps001
07-18 11:30 AM
At some point I had a question about this issue (I-131 page 4), about which "application" is deemed abandoned and I got an answer in these forums (someone said that he/she researched enough) and that it is the I-485 application which is deemed abandoned if you leave before AP gets approved.
However, when I enquired with a lawyer, and he mentioned that it is NOT I-485, but the "Advance Parole" application (I-131) which is deemed abandoned, if you leave the country before it is approved.
1. If you have a valid AP and are renewing it, can you still travel and come back on the previous AP (provided the return date is within the previous AP's expiry date)
2. If someone has never used their AP, and has a valid H1-B stamp, would this rule apply. ie, can the person come back on H1-B even though his AP application is pending?
Thanks.
In other discussions it is mentioned that if I-485 is pending & you are applying for renewal you don't need this letter.
BTW, i just read this in the I-131 instructions, so if i hold a valid AP now and apply for renewal and go to India and enter back using the existing AP, does it mean my pending I-131 renewal will be abondoned? :confused:
http://www.uscis.gov/files/form/I-131instr.pdf (page 4)
If you travel before the advance parole document is issued, your application will be deemed abandoned if:
A) You depart from the United States; or
B) The person seeking advance parole attempts to enter the United States before a decision is made on the application.
However, when I enquired with a lawyer, and he mentioned that it is NOT I-485, but the "Advance Parole" application (I-131) which is deemed abandoned, if you leave the country before it is approved.
1. If you have a valid AP and are renewing it, can you still travel and come back on the previous AP (provided the return date is within the previous AP's expiry date)
2. If someone has never used their AP, and has a valid H1-B stamp, would this rule apply. ie, can the person come back on H1-B even though his AP application is pending?
Thanks.
In other discussions it is mentioned that if I-485 is pending & you are applying for renewal you don't need this letter.
BTW, i just read this in the I-131 instructions, so if i hold a valid AP now and apply for renewal and go to India and enter back using the existing AP, does it mean my pending I-131 renewal will be abondoned? :confused:
http://www.uscis.gov/files/form/I-131instr.pdf (page 4)
If you travel before the advance parole document is issued, your application will be deemed abandoned if:
A) You depart from the United States; or
B) The person seeking advance parole attempts to enter the United States before a decision is made on the application.
ita
11-06 12:41 PM
When you set up the infopass appntmt do select the option
'EAD Inquiry Appmt' even when you are going with AP question.
Thank you.
'EAD Inquiry Appmt' even when you are going with AP question.
Thank you.
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Berkeleybee
02-15 09:41 PM
If you haven't already volunteered for the CA team, please get in touch with blue_kayal and get information about the weekly call. Sign up, and participate in a lawmaker meeting near you.
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sareesh
10-29 10:36 PM
hi, personally i am looking for a chance to move to eb2. Being in eb3-I is as good as u will never get ur GC,or by the time you get ur GC, u would have lost your time and patience to live in this country anymore. follow your instincts..
Hello All,
My Lca was applied with MS + 2 yrs
But my I-140 got approved under EB3(my lawyers mistake)
What should I do?
PD 03/25/2005
Hello All,
My Lca was applied with MS + 2 yrs
But my I-140 got approved under EB3(my lawyers mistake)
What should I do?
PD 03/25/2005
lost_in_migration
05-29 04:43 PM
Guantanamo may be kept open just for us .... and they will charge us $5000/$10000 per extension which is due per year ;)
I thought Guantanamo was being closed soon. They might ship us to detention centers in Afganistan or Iraq. :D Hope they have more high tech jobs there.
I thought Guantanamo was being closed soon. They might ship us to detention centers in Afganistan or Iraq. :D Hope they have more high tech jobs there.
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ujjwal_p
06-05 03:38 PM
I am not sure. Here is what my opinion is :
I think he posts spicy messages on his forum to market himself. He uses strong language against USCIS to gain support from his prospective clients.
Has he ever stood up for immigrants other than writing strong worded posts? Give me examples as I do not know any? I may be wrong in my assumption.
He's a lawyer, a businessman, not an applicant nor a politician. So expecting him to stand up for anything but his business is lunacy.
I can say one thing though, I haven't see any lawyer going about providing free advice like he does. I visit his site pretty much everyday and he is very active in responding to people's queries on the forums. I think that says a lot about him. I am not sure what your "spicy messages" reference is. If its about him making statements about USCIS inefficiency, thats an open secret and the fact that he makes statements like those goes back to counter your own point about him not standing up for immigrants, which as I said before none of us should expect him to anyway.
I think he posts spicy messages on his forum to market himself. He uses strong language against USCIS to gain support from his prospective clients.
Has he ever stood up for immigrants other than writing strong worded posts? Give me examples as I do not know any? I may be wrong in my assumption.
He's a lawyer, a businessman, not an applicant nor a politician. So expecting him to stand up for anything but his business is lunacy.
I can say one thing though, I haven't see any lawyer going about providing free advice like he does. I visit his site pretty much everyday and he is very active in responding to people's queries on the forums. I think that says a lot about him. I am not sure what your "spicy messages" reference is. If its about him making statements about USCIS inefficiency, thats an open secret and the fact that he makes statements like those goes back to counter your own point about him not standing up for immigrants, which as I said before none of us should expect him to anyway.
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dealsnet
02-27 04:51 PM
You are posting same story two times. Each time you are started a new thread.
see here. Are you a genuine person ? Or sonme one here to post phony postings???
http://immigrationvoice.org/forum/showthread.php?p=320631#post320631
see here. Are you a genuine person ? Or sonme one here to post phony postings???
http://immigrationvoice.org/forum/showthread.php?p=320631#post320631
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EBX-Man
04-29 01:07 PM
This deal has nothing to do with retrogression and how CIS works. That will remain the same irrespective of whether India buys american planes or not
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WillIBLucky
06-19 02:26 PM
Employer letter is not required if you are attaching photocopies of two current pay stubs.
Thanks,
Jayant
You would need employee letter as well. The employee letter will state that the position is still open and they are willing the pay the amount that was initially agreed to while filing for labor.....so pay stub is not enough.....
Thanks,
Jayant
You would need employee letter as well. The employee letter will state that the position is still open and they are willing the pay the amount that was initially agreed to while filing for labor.....so pay stub is not enough.....
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MDix
02-11 01:58 PM
That's absolutely right.
I personally think Mr. MPADAPA's assumption is wrong. Last year (2008), the spillover came from Family quota of 2008. Spillover from Family or Employment quota of a particular year cannot be given to the following year. So the fact that there is nothing left from the family quota of 2008 doesn't change any situation here.
So, this year the spillover that Employment category can get from Family quota will be the unused numbers of 2009 Family quota.
This is just my thought!
Thanks,
MDix
I personally think Mr. MPADAPA's assumption is wrong. Last year (2008), the spillover came from Family quota of 2008. Spillover from Family or Employment quota of a particular year cannot be given to the following year. So the fact that there is nothing left from the family quota of 2008 doesn't change any situation here.
So, this year the spillover that Employment category can get from Family quota will be the unused numbers of 2009 Family quota.
This is just my thought!
Thanks,
MDix
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aamirzeeshan
01-11 02:40 PM
I understand your situation as i was there once. If you dont have insurance than your options are very limited. if you live in dallas county parkland hospital is your only choice. Parkland has a network of several clinics around DFW area. Every clinic has financial assistance department. You can visit any of those and they will setup a payment plan which is reasonable based on your income. You will visit them for all prenatal care and when the time comes for delivery it will be taken to parkland. and parkland is a very good hospital as well. beside parkland several hospitals also offer cash plans like RHD memorial at 635 but they will charge you close to 4k just for delivery day and if its a normal one. you will have to do prenatal at your own.
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latina
04-01 03:16 PM
Keep up the good work guys. Its heartening to see the IV team taking so much efforts. The least we can do is support them.
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immilaw
12-12 12:50 PM
Great News for EB3 INDIA. Moved 2 weeks and most imp crossed April 30 barrier.
I hope it doesn't retrogress in future.
I still don't understand why is EB-2 not moving forward especially that EB-1 is current.
I hope it doesn't retrogress in future.
I still don't understand why is EB-2 not moving forward especially that EB-1 is current.
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harsh
12-20 10:10 PM
Great news. By some distance this is the best news on skilled immigration front this year. This will allow all the H4 dependents who have spent time on H4 for more than 6 years to start working if they get a job with H1B.
Where did you find this memo "the"? Is it already implemented or is this something USCIS is proposing?
Where did you find this memo "the"? Is it already implemented or is this something USCIS is proposing?
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n_2006
05-22 03:53 PM
Its funny that we tried so hard to stay legal. Now we trying very hard to find out ways to become illegal.
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meridiani.planum
06-10 06:23 PM
Realistically ... What if they retrogress enuf to a date when v ver a British colony (rather than sovereign nation) and we change our country to chargeability :confused:?
good one. :)
good one. :)
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mammoy2k
09-09 07:04 AM
I140 should be approved or approvable at the time of filing. Yates memo is very clear on that- I-140 approval is not required in concurrent filing. Also there is no salary requirements on invoking AC 21. Again, please read Yates Memo.
Requirements to change employer when GC is pending:
- I-140 should be approved
- More than 180 days should have passed after filing I-485. The clock for 180 days starts from 485 receipt.
- Approved EAD
Significance of 180 days barrier
If you have approved I-140 and EAD, you can change employer without having to wait for 180 days. But then your employer can revoke the I-140 which invalidates the 485 application. After 180 days from I-485 receipt, I-140 cannot be revoked so that is why it is always recommended to invoke AC-21 after 180 days from the 485 receipt.
After 180 days, you cannot change jobs, you can only change employers
When you invoke AC-21, you have o fulfill two conditions:
1.) You new jobs has the same or similar job description as mentioned in the green card labor certification application
2.) You salary should be almost the same as the wages mentioned in GC labor certification application
This means, you have to continue to stay in the same job title and job description till the time your GC is approved. If you fulfill the requirements mentioned above, you do not have to inform USCIS when invoking AC-21. You just switch employer. At some point USCIS will send you a query asking for the information of the employer who continues your green card application. It is best to take up job where the job title and job description is exactly the same as specified in your GC labor certification application. Any variance in the job title or job description could be extremely damaging to the GC application processing.
It is best to not to change to an employer offering you anything less than the wage rate specified in the GC labor certification. On the higher side, it is better not to take up a job that offers more than 4% more salary of that specified in the GC labor certification. It is hard to resist 20-30K higher salary, but one would have to resist the temptation for taking the job offering higher salary. Otherwise, there is a risk of USCIS denying the GC application.
USCIS doesn�t account for dollar appreciation or devaluation. USCIS also doesn�t account for annual inflation when calculating the wage rate. So even if your labor certification was applied in 2003, you still have to continue at the job with the salary specified in the GC labor certification. If GC application takes another 5-7 years, then you have to continue with the salary specified in GC labor certification application.
Hope this is useful.
Requirements to change employer when GC is pending:
- I-140 should be approved
- More than 180 days should have passed after filing I-485. The clock for 180 days starts from 485 receipt.
- Approved EAD
Significance of 180 days barrier
If you have approved I-140 and EAD, you can change employer without having to wait for 180 days. But then your employer can revoke the I-140 which invalidates the 485 application. After 180 days from I-485 receipt, I-140 cannot be revoked so that is why it is always recommended to invoke AC-21 after 180 days from the 485 receipt.
After 180 days, you cannot change jobs, you can only change employers
When you invoke AC-21, you have o fulfill two conditions:
1.) You new jobs has the same or similar job description as mentioned in the green card labor certification application
2.) You salary should be almost the same as the wages mentioned in GC labor certification application
This means, you have to continue to stay in the same job title and job description till the time your GC is approved. If you fulfill the requirements mentioned above, you do not have to inform USCIS when invoking AC-21. You just switch employer. At some point USCIS will send you a query asking for the information of the employer who continues your green card application. It is best to take up job where the job title and job description is exactly the same as specified in your GC labor certification application. Any variance in the job title or job description could be extremely damaging to the GC application processing.
It is best to not to change to an employer offering you anything less than the wage rate specified in the GC labor certification. On the higher side, it is better not to take up a job that offers more than 4% more salary of that specified in the GC labor certification. It is hard to resist 20-30K higher salary, but one would have to resist the temptation for taking the job offering higher salary. Otherwise, there is a risk of USCIS denying the GC application.
USCIS doesn�t account for dollar appreciation or devaluation. USCIS also doesn�t account for annual inflation when calculating the wage rate. So even if your labor certification was applied in 2003, you still have to continue at the job with the salary specified in the GC labor certification. If GC application takes another 5-7 years, then you have to continue with the salary specified in GC labor certification application.
Hope this is useful.
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aquarianf
07-19 09:58 AM
My spouse is landing here on Aug 15. That leaves only one day to get medicals done. Any suggestions on how to handle this ? Can she skip skin test and take X-rays directly ?
If you talk to your medical office in advance to see that if they can give report in one day then it could be possible. Also you may consider your wife to get all vaccination in advance from the place where she is staying currently. Can't she prepone her trip by 1-2 days?
If you talk to your medical office in advance to see that if they can give report in one day then it could be possible. Also you may consider your wife to get all vaccination in advance from the place where she is staying currently. Can't she prepone her trip by 1-2 days?
waiting4gc
04-14 04:44 PM
Whichever one of you guys gave me the following red, keep it up.
"dont try to fool students and recruit them, consulting companies are bloodsuckers, no limit on 485 will never happen and u know it, nice try pal"
Shows me your depth of knowledge of how ALL consultancies work since you probably keep tabs on ALL of them. Regarding recruiting students, I don't need to recruit students. IV is a medium to help yourself, choose to do so or not at your own peril.
Passing judgment on all consultancies based on your experience with one or more is just called "generalization". I know quite a few consultancies where people make a lot of money and do things that company don't want to hire full timers for. Anyways, good luck to you.
"dont try to fool students and recruit them, consulting companies are bloodsuckers, no limit on 485 will never happen and u know it, nice try pal"
Shows me your depth of knowledge of how ALL consultancies work since you probably keep tabs on ALL of them. Regarding recruiting students, I don't need to recruit students. IV is a medium to help yourself, choose to do so or not at your own peril.
Passing judgment on all consultancies based on your experience with one or more is just called "generalization". I know quite a few consultancies where people make a lot of money and do things that company don't want to hire full timers for. Anyways, good luck to you.
vivid_bharti
04-28 07:48 AM
not "most"!! only few have a wait of 3-4 years, most have a wait of over a decade....the numbers of applications pending at AOS stage at USCIS is scaryLook at the number of people who posted messages to this thread .... even if you say 4 times that number of people posted messages to WhiteHouse.gov it is no where close to the numbers we need .... Lets not kid ourselves - Unless there is a miracle - most of us are looking at aleast another 3-4 year wait :(
