gc_lover
11-20 07:36 AM
I went to court in NJ to pay fine and get rid of points for red-light ticket. I reached there by 5 PM and was not able to get out by 9 PM, 4 hours of hell. It happened that way because people who had attorneys with them were given special treatment and they were able to leave court well before others.
Having a good attorney always makes difference. If you don't have attorney then you are not contributing money towards people who run the system, hence the different treatment.
Having a good attorney always makes difference. If you don't have attorney then you are not contributing money towards people who run the system, hence the different treatment.
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I-485 approval
08-20 12:37 PM
Hi Bheemi,
Thanks for your response. I did go the infopass and they said that my case is now under EB2 but they are not willing to give any written proof that my case is under Eb2. They told me that they sent a letter to my lawyer 2 weeks ago but so far my lawyer didn't recieve any letter from them.
Did you get your approval? if yes how much time it took for the entire process (after upgrade from Eb3 to Eb2)
Thanks
Thanks for your response. I did go the infopass and they said that my case is now under EB2 but they are not willing to give any written proof that my case is under Eb2. They told me that they sent a letter to my lawyer 2 weeks ago but so far my lawyer didn't recieve any letter from them.
Did you get your approval? if yes how much time it took for the entire process (after upgrade from Eb3 to Eb2)
Thanks
485Mbe4001
05-20 01:58 PM
Its the same story everytime, they will use the AgJobs and effectively kill everything. We, a significantly impacted minority, will end up getting screwed because members were more interested in reading the forums instead of educating the lawmakers.
Recapture does not increase the number of visas, it simply uses the unallocated visas. If they cannot understand this simple argument then what hope do we have. The anti immigrant forces make it sound like the bill will unleash a wave of immigrants.
Recapture does not increase the number of visas, it simply uses the unallocated visas. If they cannot understand this simple argument then what hope do we have. The anti immigrant forces make it sound like the bill will unleash a wave of immigrants.
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lacrossegc
06-25 01:19 PM
IMHO The problem will arise with USCIS only if the employer does not pay AT ALL ... delayed/irregular payments (as long as they meet the proffered wage on the LCA) should be fine. Not paying at all will be a serious breach of contract and the employers will be in serious trouble for doing that ....
What I meant to say is, I did not get paid in 2007 for the work I performed in 2007. But I got paid last month for the pay periods (up to 12/15/07). So that amount will reflect in this year's W2 and not last year's.
Like you had rightly said in your last para, I am concerned if USCIS would have a problem about the fact that I did not gt paid and receive a W2 even though I worked on H1-B in 2007. When they process my I-485, I am afraid this might come up as a query.
I am going to talk to the lawyers about this. I would like to know how this situation can be addressed today as the damage has already been done.
What I meant to say is, I did not get paid in 2007 for the work I performed in 2007. But I got paid last month for the pay periods (up to 12/15/07). So that amount will reflect in this year's W2 and not last year's.
Like you had rightly said in your last para, I am concerned if USCIS would have a problem about the fact that I did not gt paid and receive a W2 even though I worked on H1-B in 2007. When they process my I-485, I am afraid this might come up as a query.
I am going to talk to the lawyers about this. I would like to know how this situation can be addressed today as the damage has already been done.
more...
Catherine
06-23 09:40 AM
Thanks for your thoughts. Unfortunately the marriage was the basis of my green card and I was divorced before being married for two years and, therefore, before applying jointly with my (ex-)husband for the conditions on that card to be removed.
The link you sent was helpful for people in my situation, however. For the information of others who may be in this situation, this part applies:
"Divorce Before Green Card Issued
Conditional permanent residence means that the permanent residence can be terminated if it is determined that the marriage was a sham. The marriage is considered a sham when the spouses marry only for the green card. The marriage is not a sham if the spouses married for any other reason and the marriage took place within two years before the immigrant was given a green card. Before the two-year anniversary of permanent residence being given to the immigrant, both the immigrant and spouse must file a joint petition to remove the conditions.
However, if the immigrant spouse is divorcing the U.S. citizen spouse, then the relationship may have deteriorated to a point where the U.S. citizen spouse does not agree to file the joint petition to remove the conditions. This is when a divorce involving a green card causes the most problems. The immigrant spouse must then file for a waiver from the joint petition rule.
If the divorce is finalized before the green card is issued, the immigrant spouse cannot get a green card based on the marriage. This is because the divorce terminated the conditional permanent residence.
But, the immigrant can also get a waiver of this termination. A waiver of the termination is granted if the marriage was in good faith and the immigrant was not at fault for failing to file the joint petition to remove the condition.
Applying for a Waiver
The immigrant spouse must prove grounds for the waiver. The following are grounds for a waiver of termination:
* Good faith marriage (if the divorce is finalized when you file for the waiver). A good faith marriage can be proved by showing that the couple had a child and that the couple owned property. You will also need to file a copy of the final divorce decree.
* Extreme hardship to the immigrant spouse if deported.
* Extreme cruelty and abuse from the U.S. citizen spouse.
Waivers often require an interview of the immigrant spouse to get approval."
The link you sent was helpful for people in my situation, however. For the information of others who may be in this situation, this part applies:
"Divorce Before Green Card Issued
Conditional permanent residence means that the permanent residence can be terminated if it is determined that the marriage was a sham. The marriage is considered a sham when the spouses marry only for the green card. The marriage is not a sham if the spouses married for any other reason and the marriage took place within two years before the immigrant was given a green card. Before the two-year anniversary of permanent residence being given to the immigrant, both the immigrant and spouse must file a joint petition to remove the conditions.
However, if the immigrant spouse is divorcing the U.S. citizen spouse, then the relationship may have deteriorated to a point where the U.S. citizen spouse does not agree to file the joint petition to remove the conditions. This is when a divorce involving a green card causes the most problems. The immigrant spouse must then file for a waiver from the joint petition rule.
If the divorce is finalized before the green card is issued, the immigrant spouse cannot get a green card based on the marriage. This is because the divorce terminated the conditional permanent residence.
But, the immigrant can also get a waiver of this termination. A waiver of the termination is granted if the marriage was in good faith and the immigrant was not at fault for failing to file the joint petition to remove the condition.
Applying for a Waiver
The immigrant spouse must prove grounds for the waiver. The following are grounds for a waiver of termination:
* Good faith marriage (if the divorce is finalized when you file for the waiver). A good faith marriage can be proved by showing that the couple had a child and that the couple owned property. You will also need to file a copy of the final divorce decree.
* Extreme hardship to the immigrant spouse if deported.
* Extreme cruelty and abuse from the U.S. citizen spouse.
Waivers often require an interview of the immigrant spouse to get approval."
ilikekilo
01-08 04:04 PM
I think H1B quota should be decreased because lots of people available with no jobs in the market, it looks like survival of fittest, even person with good skill set not getting job immediately due to new new consulting company coming into market doing irregular things like less rates etc etc�����. to survive themselves.
kinda agree with u on this
kinda agree with u on this
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snathan
09-17 09:11 AM
Yesterday my employer received notice that my co-workers I-140 was denied and when she went home she received denial notice for her I-485 too. She filed EB2 concurrent.
why your co-workers 140 was denied. Is it sub labour or she is the primary ?.
Thanks
why your co-workers 140 was denied. Is it sub labour or she is the primary ?.
Thanks
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ksrk
01-21 06:43 PM
Do I need Germany visa to travel on AP, to India via Germany with Lufthansa air lines.. Please let me know.
Thanks.
You don't need a visa to transit in Frankfurt - meaning if you are catching another flight to a non-Schengen state (like India). Else, all "interview", visa stamping (even for other Schengen states), etc. happens in Frankfurt.
Thanks.
You don't need a visa to transit in Frankfurt - meaning if you are catching another flight to a non-Schengen state (like India). Else, all "interview", visa stamping (even for other Schengen states), etc. happens in Frankfurt.
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softcrowd
04-23 09:12 AM
From Labor approval there is no direct way finding it out if its an Eb2/Eb3 (Other than going through the job requirements & inferring it). But if you have the I-140 reciept, its very easy...
Go to the "Notice Type" section on the I-140 receipt, in that there is a "section:" of that says "Sec.203 (b) (2)" --> its an EB2. If thats "Sec.203 (b) (3)" --> its an EB3.
Go to the "Notice Type" section on the I-140 receipt, in that there is a "section:" of that says "Sec.203 (b) (2)" --> its an EB2. If thats "Sec.203 (b) (3)" --> its an EB3.
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dpsg
03-25 03:03 AM
eb3_nepa,
We should point the advantages of immigration of high-skilled professionals,
and build a parallel source of information with "real research"... Our site
should have even the reports which show immigration in negative light as
long as they are from reputable impartial organizations.
Again we can win good deal for us by not fighting idealoges as logiclife
pointed, But By putting forward a constructive ROI for immigration
without bias.
<< I used ROI term.. as It is most common, Although in most cases US do no investment on immigrant which becomes
productive as soon as he/she lands..>>
********
had called NumbersUSA once. They will take the Absolute worst case scenario and project it as an everyday happening. The guy had mentioned to me that EB3 ppl promote chain migration and some get upto 80 (Yes 80) family members here. I tried arguing that it is TOTALLY impossible to bring more than five (i mean common u, ur wife and 3 kids = 5). You cant get ur parents etc., until you are a Citizen, but he wud not listen.
These guys are out to prove that immigration is a bad thing, and they will do their damndest to prove that point. They will not skew the facts, but they will present it in such a way that it looks a LOT worse than it actually is.
We should point the advantages of immigration of high-skilled professionals,
and build a parallel source of information with "real research"... Our site
should have even the reports which show immigration in negative light as
long as they are from reputable impartial organizations.
Again we can win good deal for us by not fighting idealoges as logiclife
pointed, But By putting forward a constructive ROI for immigration
without bias.
<< I used ROI term.. as It is most common, Although in most cases US do no investment on immigrant which becomes
productive as soon as he/she lands..>>
********
had called NumbersUSA once. They will take the Absolute worst case scenario and project it as an everyday happening. The guy had mentioned to me that EB3 ppl promote chain migration and some get upto 80 (Yes 80) family members here. I tried arguing that it is TOTALLY impossible to bring more than five (i mean common u, ur wife and 3 kids = 5). You cant get ur parents etc., until you are a Citizen, but he wud not listen.
These guys are out to prove that immigration is a bad thing, and they will do their damndest to prove that point. They will not skew the facts, but they will present it in such a way that it looks a LOT worse than it actually is.
more...
CHHAYA
04-28 12:47 PM
Travelled back from India today by continental flight from mumbai till newark non stop. My H1b is expiring on 19th june. Had a ISSUELESS entry. The guy asked your petition is valid only till 19th June. I replied I am going to file an extension. he said you will be needing to reenter the country after it. I said "yes, I know". He said he is going to give in I-94 valid till 29th june just in case if I have any issues. That is 10 more days after my petition is expring.
Guy was very nice and supporting. We shared some jokes . he notices that by passport has writing that If I take citizenship of any other country than I have to surrender the passport. he asked "india dont allow dual citizenship". I said "No". he replied "It sucks" and we laughed together.
My advice dont let current recession effect your trip. If you need any more information PM me. I will be happy to assist.
Also, just I wanted to share the information becuase many people seemed worried about this.
Good luck :) :) :) :)
I entered US at Newar POE on 7/15/08 based on AP which expired on 7/20/08. They give me I-94 valid until 7/15/09. I do not have any plan to go out of country till end of 2010. Do I have to renew AP or I-94?
Guy was very nice and supporting. We shared some jokes . he notices that by passport has writing that If I take citizenship of any other country than I have to surrender the passport. he asked "india dont allow dual citizenship". I said "No". he replied "It sucks" and we laughed together.
My advice dont let current recession effect your trip. If you need any more information PM me. I will be happy to assist.
Also, just I wanted to share the information becuase many people seemed worried about this.
Good luck :) :) :) :)
I entered US at Newar POE on 7/15/08 based on AP which expired on 7/20/08. They give me I-94 valid until 7/15/09. I do not have any plan to go out of country till end of 2010. Do I have to renew AP or I-94?
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veni001
05-12 04:27 PM
His position requires Masters Degree
As long as the employer can start new labor and provide sufficient evidence that his current position is different from original Eb3 labor and require masters, cannot find a qualified&willing US Citizen or Green card holder to work in the position, and pay all expenses related to the new process, he can give a shot!
As long as the employer can start new labor and provide sufficient evidence that his current position is different from original Eb3 labor and require masters, cannot find a qualified&willing US Citizen or Green card holder to work in the position, and pay all expenses related to the new process, he can give a shot!
more...
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gccube
08-30 05:05 PM
EB2 or EB3?
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jesicakalra
01-30 06:26 AM
China is a very good place for Indian ........
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gc_maine2
08-08 04:27 PM
OK good another thread, now you have posted this info you can also close this thread.:)
http://www.uscis.gov/files/pressrelease/FAQ3.pdf
Q33: When filing an EB I-485 using the old fee, what version of the I-485 form do we use?
A33: The current I-485 form version dated “7/30/07 Y” should be used. The form can be found at www.uscis.gov
Q34: To ensure that the correct fee is submitted, may an applicant submit both a check for the old fee and a second check for the new fee?
A34: USCIS requires that all applications and petitions be submitted with the required filing fee or a waiver, if applicable. USCIS urges the public to exercise caution in submitting additional checks in incorrect amounts: extraneous checks may slow down the intake process and may result in an erroneous rejection of an application (as in the case where the check in the correct amount is missed) or in the inadvertent cashing of such checks, since filing fees are normally non-refundable. For additional information, the public is referred to the fee requirements announced in the Federal Register on August 1, 2007 (Temporary Adjustment of the Immigration and Naturalization Benefit Application and Petition Fee Schedule for Certain Adjustment of Status, FR at 41888). This regulation amends the new Fee Rule, and requires that aliens who file an employment-based Form I–485 and any related Forms I–765 and I–131, pursuant to Visa Bulletin No. 107, through August 17, 2007, must include the filing fees in effect prior to July 30, 2007. The new fee schedule becomes effective on July 30, 2007, for all other immigration and naturalization applications and petitions and on August 18, 2007, for Forms I–485 and all subsequent or ‘‘renewal’’ applications for advance parole and employment authorization based on pending Forms I–485 filed pursuant to Visa Bulletin No. 107.
Q35: Will previous USCIS policy still apply in those instances where the original approved labor certification cannot be included in support of an I-140 petition, such as when the original has been lost or previously filed with USCIS, or when a duplicate approval must be requested?
A35: Yes. While an original labor certification must be submitted in support of certain I-140 petitions, USCIS will continue to accept duplicates of previously filed Labor certificates and, as in the instances stated above, in cases where an original labor certificate has been properly filed with USCIS.
1 USCIS may issue future “FAQs” on this topic for the benefit of the public, should additional questions arise. Such FAQs will be dated and numbered for ease of reference. Department of Homeland Security
Q36: Will USCIS accept Schedule A concurrently filed I-140 petitions and adjustment of status applications that are filed on or after August 1, 2007?
A36: As previously stated, USCIS will accept properly filed Forms I-140 filed on behalf of aliens with a priority date on or after August 1, 2007; however, pursuant to August Visa Bulletin No. 108, USCIS will reject any concurrently filed adjustment of status applications filed by aliens with a priority date on or after August 1, 2007.
Q37: Will the new I-765 filing instructions apply to Forms I-765 filed based on employment-based adjustment of status applications filed pursuant to the July Visa Bulletin No. 107, if filed between July 30, 2007 – August 17, 2007?
A37: No. The fee of $180 for Forms I-765 and the fee of $170 for Form I-131 will remain in effect for those aliens eligible to file an employment-based adjustment of status application pursuant to July Visa Bulletin No. 107 until August 17, 2007.
Q38: Where should an employment-based adjustment of status application be filed if the underlying I-140 petition remains pending with USCIS?
A38: Forms I-485 may be filed at either the Nebraska Service Center or the Texas Service Center in accordance with the Direct Filing Update issued June 21, 2007, regardless of where the pending I-140 was filed. Applicants should submit a copy of the I-140 receipt notice or, if the applicant does not have a receipt notice, include a brightly colored sheet of paper on top of the filing with the following notice and information:
TO THE MAILROOM: The enclosed I-485 Adjustment Application(s) should be matched with a pending I-140 Immigrant Petition for which no Receipt Notice has been received. The Immigrant Petition [type, e.g., I-140] was delivered to [Service Center] on [provide date of filing and tracking number]; Petitioner's name; Beneficiary's name; Beneficiary's date of birth; Beneficiary's country of birth.
http://www.uscis.gov/files/pressrelease/FAQ3.pdf
Q33: When filing an EB I-485 using the old fee, what version of the I-485 form do we use?
A33: The current I-485 form version dated “7/30/07 Y” should be used. The form can be found at www.uscis.gov
Q34: To ensure that the correct fee is submitted, may an applicant submit both a check for the old fee and a second check for the new fee?
A34: USCIS requires that all applications and petitions be submitted with the required filing fee or a waiver, if applicable. USCIS urges the public to exercise caution in submitting additional checks in incorrect amounts: extraneous checks may slow down the intake process and may result in an erroneous rejection of an application (as in the case where the check in the correct amount is missed) or in the inadvertent cashing of such checks, since filing fees are normally non-refundable. For additional information, the public is referred to the fee requirements announced in the Federal Register on August 1, 2007 (Temporary Adjustment of the Immigration and Naturalization Benefit Application and Petition Fee Schedule for Certain Adjustment of Status, FR at 41888). This regulation amends the new Fee Rule, and requires that aliens who file an employment-based Form I–485 and any related Forms I–765 and I–131, pursuant to Visa Bulletin No. 107, through August 17, 2007, must include the filing fees in effect prior to July 30, 2007. The new fee schedule becomes effective on July 30, 2007, for all other immigration and naturalization applications and petitions and on August 18, 2007, for Forms I–485 and all subsequent or ‘‘renewal’’ applications for advance parole and employment authorization based on pending Forms I–485 filed pursuant to Visa Bulletin No. 107.
Q35: Will previous USCIS policy still apply in those instances where the original approved labor certification cannot be included in support of an I-140 petition, such as when the original has been lost or previously filed with USCIS, or when a duplicate approval must be requested?
A35: Yes. While an original labor certification must be submitted in support of certain I-140 petitions, USCIS will continue to accept duplicates of previously filed Labor certificates and, as in the instances stated above, in cases where an original labor certificate has been properly filed with USCIS.
1 USCIS may issue future “FAQs” on this topic for the benefit of the public, should additional questions arise. Such FAQs will be dated and numbered for ease of reference. Department of Homeland Security
Q36: Will USCIS accept Schedule A concurrently filed I-140 petitions and adjustment of status applications that are filed on or after August 1, 2007?
A36: As previously stated, USCIS will accept properly filed Forms I-140 filed on behalf of aliens with a priority date on or after August 1, 2007; however, pursuant to August Visa Bulletin No. 108, USCIS will reject any concurrently filed adjustment of status applications filed by aliens with a priority date on or after August 1, 2007.
Q37: Will the new I-765 filing instructions apply to Forms I-765 filed based on employment-based adjustment of status applications filed pursuant to the July Visa Bulletin No. 107, if filed between July 30, 2007 – August 17, 2007?
A37: No. The fee of $180 for Forms I-765 and the fee of $170 for Form I-131 will remain in effect for those aliens eligible to file an employment-based adjustment of status application pursuant to July Visa Bulletin No. 107 until August 17, 2007.
Q38: Where should an employment-based adjustment of status application be filed if the underlying I-140 petition remains pending with USCIS?
A38: Forms I-485 may be filed at either the Nebraska Service Center or the Texas Service Center in accordance with the Direct Filing Update issued June 21, 2007, regardless of where the pending I-140 was filed. Applicants should submit a copy of the I-140 receipt notice or, if the applicant does not have a receipt notice, include a brightly colored sheet of paper on top of the filing with the following notice and information:
TO THE MAILROOM: The enclosed I-485 Adjustment Application(s) should be matched with a pending I-140 Immigrant Petition for which no Receipt Notice has been received. The Immigrant Petition [type, e.g., I-140] was delivered to [Service Center] on [provide date of filing and tracking number]; Petitioner's name; Beneficiary's name; Beneficiary's date of birth; Beneficiary's country of birth.
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nfinity
10-16 12:52 PM
If it was at 2' 16'' during the month you got LUD, it means you are stuck in name check.
~
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webm
09-10 05:31 PM
Even i'm in the similar situation..
Online status,CRIS email says AP approval notice mailed on Sep2nd,2009 (TSC), but still haven't received it on hand..
We never know this crazy CIS system...May be have to wait till 30days and call the customer service.:(
Online status,CRIS email says AP approval notice mailed on Sep2nd,2009 (TSC), but still haven't received it on hand..
We never know this crazy CIS system...May be have to wait till 30days and call the customer service.:(
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logiclife
03-25 09:19 AM
OF times of india.
Let us flood their office with phone calls asking them to stop publishing articles that dont make sense and put stuff up there that representative of both the side of the debate.
Does this brainiac know that how many businesses have shut down due to lack of unskilled low-wage workers especially in the argicultural businesses? Not that its our job to make arguments favoring illegals - we have our own problems to deal with - however this article is titled wrongly and not supported by facts.
I have never read timesofindia in last 2 years because of irritant 100 million pop ups of phonecards and airline tickets. The website just is basically not the same thing as print edition. The website looks like a tabloit coverpage.
--Jay.
Let us flood their office with phone calls asking them to stop publishing articles that dont make sense and put stuff up there that representative of both the side of the debate.
Does this brainiac know that how many businesses have shut down due to lack of unskilled low-wage workers especially in the argicultural businesses? Not that its our job to make arguments favoring illegals - we have our own problems to deal with - however this article is titled wrongly and not supported by facts.
I have never read timesofindia in last 2 years because of irritant 100 million pop ups of phonecards and airline tickets. The website just is basically not the same thing as print edition. The website looks like a tabloit coverpage.
--Jay.
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Desertfox
10-30 08:33 PM
is it from the receipt date or notice date?
It starts from the receipt date, and USCIS confirmed it multiple times in their receipting update on the website.
It starts from the receipt date, and USCIS confirmed it multiple times in their receipting update on the website.
vshivaji
08-22 11:21 AM
I filed mine, and my wife's, July 2 ('07) without medical, got status alert "RFE notice sent" Aug 4, guessing medical (have doc appointment tomorrow).
Is your RFE regarding Medical?
Did you sent your Medical Reports?
Any Good news after Medical reports sent?
Is your RFE regarding Medical?
Did you sent your Medical Reports?
Any Good news after Medical reports sent?
himu73
09-17 12:27 PM
When AP is approved, you get 3 copies. I went twice on intl trips and each time they took a copy. I am left with 1 copy of the AP.
Now I need to go on one last intl trip (I have applied for renewal). I just have one copy of AP with me.
How does it work? Will the officer just stamp the AP and make a copy?
You mean 3 copies are 3 originals right to be more clear. You can use only 1 original when you come back and get it stamped each time with a new date.
I have used the same orginal AP for at least 4 times now.
You can carry copies of the original just in case.
Now I need to go on one last intl trip (I have applied for renewal). I just have one copy of AP with me.
How does it work? Will the officer just stamp the AP and make a copy?
You mean 3 copies are 3 originals right to be more clear. You can use only 1 original when you come back and get it stamped each time with a new date.
I have used the same orginal AP for at least 4 times now.
You can carry copies of the original just in case.
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