gcobsessed
10-23 02:36 PM
Employment based GC is based on intent to work for sponsoring employer or similar profession. For most of us, who are retrogressed, we would have worked with sponsoring employer already for 4 to 5 years. the main issue here is whether sufficient intent existed at the time of filing 140 and 485. after having been in 485 filed status for long, it is natural for intent to change.
so, i do not see why full time MBA with 485 pending is an issue. the laws are quite unclear, for sure.
My understanding from my lawyer is that a person's intent while filing GC should be that he will work in that position "indefinitely". So, if intent changes before the application is approved, then one might argue that the application itself should be withdrawn or is invalid.
The regulations do seem clear on what kind of work one must take up immediately after GC is approved. But, how it is enforced and the consequences of not abiding by it are open to debate. It depends on the person's risk tolerance profile to act as he chooses...who knows what will happen 5+ years from now...
so, i do not see why full time MBA with 485 pending is an issue. the laws are quite unclear, for sure.
My understanding from my lawyer is that a person's intent while filing GC should be that he will work in that position "indefinitely". So, if intent changes before the application is approved, then one might argue that the application itself should be withdrawn or is invalid.
The regulations do seem clear on what kind of work one must take up immediately after GC is approved. But, how it is enforced and the consequences of not abiding by it are open to debate. It depends on the person's risk tolerance profile to act as he chooses...who knows what will happen 5+ years from now...
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nfinity
07-17 09:46 AM
Its I-485 which indicates immigration intent. Its right there in the conference call. Someone asked the same question in relevance to filing for F1.
Hassan11
04-14 05:06 PM
Thank you txh1b
It is $305. No additional biometric fee is needed for AP. No FP is needed if you apply on paper. If you efile, USCIS may decide to call you for biometric.
It is $305. No additional biometric fee is needed for AP. No FP is needed if you apply on paper. If you efile, USCIS may decide to call you for biometric.
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gc_chahiye
07-09 03:50 PM
over 250 people responded to the earlier poll and we see that atleast among IV'ites the PDs are spread all over the years (10% 20% 20% 30%-2006 10%-2007), and there are significant number of 2003/2004 PDs out there.
This followup poll is to see how many of these people are already in the I-485 system (likely to use up visa number as soon as one is available) vs waiting to file I-485.
************************************************** ***************************************
************************************************** ***************************************
***DO NOT COUNT YOUR I-485 FILING IN JULY 2007 FOR THIS POLL. EVEN IF YOU FILED ON JULY 1ST OR JULY 2ND***
************************************************** ***************************************
************************************************** ***************************************
ONLY EB2-INDIA PLEASE.
-------------------------------------------------------------------------------------------------------------------
This poll can be read in conjunction with another poll on EB2 priority-dates:
http://immigrationvoice.org/forum/showthread.php?t=6128
-------------------------------------------------------------------------------------------------------------------
This followup poll is to see how many of these people are already in the I-485 system (likely to use up visa number as soon as one is available) vs waiting to file I-485.
************************************************** ***************************************
************************************************** ***************************************
***DO NOT COUNT YOUR I-485 FILING IN JULY 2007 FOR THIS POLL. EVEN IF YOU FILED ON JULY 1ST OR JULY 2ND***
************************************************** ***************************************
************************************************** ***************************************
ONLY EB2-INDIA PLEASE.
-------------------------------------------------------------------------------------------------------------------
This poll can be read in conjunction with another poll on EB2 priority-dates:
http://immigrationvoice.org/forum/showthread.php?t=6128
-------------------------------------------------------------------------------------------------------------------
more...
pappu
07-19 02:08 AM
Read my posts on this subject in the archives and do not start new threads on the same topic. It helps keeping information in one place.
ragz4u
03-28 09:23 AM
Fellow IV members,
How come the "Hard Limit" is not talked about / mentioned in any of the big websites? Shusterman.com / Aila.org et all. Is it possible to get an immigration attorney to explain this crucial issue of "Hard Limit" to IV core team ?
The research for this was conducted by the content team of IV. And as regards the big websites, Rajeev Khanna, Bender's online Matthew Oh all have provided references to IV's doc. So no need for any attorney to explain to the IV core team about this, since most of them have agreed and appreciated our efforts!
How come the "Hard Limit" is not talked about / mentioned in any of the big websites? Shusterman.com / Aila.org et all. Is it possible to get an immigration attorney to explain this crucial issue of "Hard Limit" to IV core team ?
The research for this was conducted by the content team of IV. And as regards the big websites, Rajeev Khanna, Bender's online Matthew Oh all have provided references to IV's doc. So no need for any attorney to explain to the IV core team about this, since most of them have agreed and appreciated our efforts!
more...
sriramkalyan
04-02 03:40 PM
Land at Mexico City ... Hire Taxi to enter US at Elpaso ..If any one is scared of being stopped at Point of Entry ... Just don't pee when u see drug cartels
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yestogc
06-09 12:33 PM
I second your thought khodalmd, ............... when there is no country cap on H1B , why on GC then, this creates more backlog
more...
starving_dog
10-17 06:31 AM
It took me 6 days to get my approval and about another week to get the card in the mail. This happened in September of this year and I was registered in the Texas Service Center.
That is assuming that you have gone through your biometrics appointment.
That is assuming that you have gone through your biometrics appointment.
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chris
10-18 08:22 AM
Hi Kitiara,
Ive had a look at your animation, and Ive got the size down roughly another 2k.
What I did was I opened up the animation in fireworks and exported/optimised each layer, then I reopened each image and put them back on the canvas which I then trimmed to match your layers.
What you could try is to only use photoshop for the image work and apply the text from fireworks, I'm not sure if this would make much of a difference but it might reduce it a further couple of k.:bandit:
Ive had a look at your animation, and Ive got the size down roughly another 2k.
What I did was I opened up the animation in fireworks and exported/optimised each layer, then I reopened each image and put them back on the canvas which I then trimmed to match your layers.
What you could try is to only use photoshop for the image work and apply the text from fireworks, I'm not sure if this would make much of a difference but it might reduce it a further couple of k.:bandit:
more...
sidbee
04-29 09:59 AM
I truly believe India IS a developed country.
Sorry , wont agree with you.
It does have the potential to be , and it would be if the corruption in the government ceases to exist. The amount of money Indian politicians, have in swiss banks, and other offshore banks , is amazing.
Sorry , wont agree with you.
It does have the potential to be , and it would be if the corruption in the government ceases to exist. The amount of money Indian politicians, have in swiss banks, and other offshore banks , is amazing.
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jkm2282
01-07 10:53 AM
Thanks mate. So it is nothing to be worried about, right? I was thinking the same (holidays) but was kinda getting worried anyway. :)
I haven't got any notification from the consulate about any admin processing (which i am assuming is same as 221g forms), neither the VO gave any 221g after the interview. I hope it goes on smoothly. *prays*
I haven't got any notification from the consulate about any admin processing (which i am assuming is same as 221g forms), neither the VO gave any 221g after the interview. I hope it goes on smoothly. *prays*
more...
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veni001
02-02 08:57 PM
Hello,
I would need some suggestion pertaining this stage. My company has 100+ employees and has rock-solid financials showing profitability. As a part of documentation, should just the company's tax documents suffice? I am told that even audited financial documents are required. While the former is easier to fetch, the later is a bit cumbersome process and lengthy.
Please let me know if we can proceed thru this stage if only company's federal tax returns are shown (without audited financial docs).
Thank you
Not to scare you but please be ready for any thing and every thing, if you are porting with the same employer please read this (http:///2011/01/eb3-to-eb2-porting-with-same-current.html).
Good luck.;)
I would need some suggestion pertaining this stage. My company has 100+ employees and has rock-solid financials showing profitability. As a part of documentation, should just the company's tax documents suffice? I am told that even audited financial documents are required. While the former is easier to fetch, the later is a bit cumbersome process and lengthy.
Please let me know if we can proceed thru this stage if only company's federal tax returns are shown (without audited financial docs).
Thank you
Not to scare you but please be ready for any thing and every thing, if you are porting with the same employer please read this (http:///2011/01/eb3-to-eb2-porting-with-same-current.html).
Good luck.;)
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gcformeornot
05-03 02:18 PM
The Beacon (http://blog.uscis.gov/)
Over the past few weeks, readers have written in with a number of comments. We wanted to take a moment to address five of the most frequent suggestions.
1) Combine EAD and AP into one document and issue for 3 years.
USCIS is in the process of developing a combination work authorization (EAD) and Advance Parole (AP) card. An announcement regarding this combination card will be made later this year.
2) Allow people with approved immigrant petition to file an I-485.
The regulations at 8 C.F.R. 245.1(a) prohibit a beneficiary of an approved I-140 or I-130 petition from filing an I-485 until a visa number is available.
3) Do not count the dependents against visa numbers.
The requirement to count dependents against available visa numbers is statutory. This is not something that USCIS is able to change on its own; it would require new legislation to be enacted by Congress in order for this to happen.
4) Publish all the backlog data including that of district offices.
USCIS is currently developing an inventory spreadsheet, similar to the one for employment-based inventory, for family-based cases awaiting visa numbers. This spreadsheet would include information about the number of cases at field offices awaiting visa numbers.
5) Publish visa numbers that have been used to date in the current year.
Unfortunately, USCIS is not able to do this, because USCIS is not the only agency that uses visa numbers (the Department of State also uses visa numbers). Accordingly, publishing USCIS�s visa number usage would not be an accurate representation of the numbers used and the numbers remaining. To determine where you stand in the visa number queue, please review the Visa Bulletin.
Over the past few weeks, readers have written in with a number of comments. We wanted to take a moment to address five of the most frequent suggestions.
1) Combine EAD and AP into one document and issue for 3 years.
USCIS is in the process of developing a combination work authorization (EAD) and Advance Parole (AP) card. An announcement regarding this combination card will be made later this year.
2) Allow people with approved immigrant petition to file an I-485.
The regulations at 8 C.F.R. 245.1(a) prohibit a beneficiary of an approved I-140 or I-130 petition from filing an I-485 until a visa number is available.
3) Do not count the dependents against visa numbers.
The requirement to count dependents against available visa numbers is statutory. This is not something that USCIS is able to change on its own; it would require new legislation to be enacted by Congress in order for this to happen.
4) Publish all the backlog data including that of district offices.
USCIS is currently developing an inventory spreadsheet, similar to the one for employment-based inventory, for family-based cases awaiting visa numbers. This spreadsheet would include information about the number of cases at field offices awaiting visa numbers.
5) Publish visa numbers that have been used to date in the current year.
Unfortunately, USCIS is not able to do this, because USCIS is not the only agency that uses visa numbers (the Department of State also uses visa numbers). Accordingly, publishing USCIS�s visa number usage would not be an accurate representation of the numbers used and the numbers remaining. To determine where you stand in the visa number queue, please review the Visa Bulletin.
more...
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for_gc
04-07 06:42 PM
Just sent you a PM.
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nb_des
09-27 02:31 PM
According to Rajiv Khanna's web site PD can be ported without any other condition (except for fraud). I have seen several postings from other members saying the PD can be ported only when previous employer does not revoke petition which does not seem to be the case as per text below from FAQ in immigration.com
1. Can you please explain if priority dates can be transferred?
2. What If I-140 Is Denied?
A29 1. Sure. Here is the law:
CHANGING EMPLOYER BEFORE I-140 APPROVAL
If a person changes employers before obtaining I-140 approval, they can carry NOTHING forward to the next employer. They have to start their labor certification all over again with the new employer. There are some very limited exceptions to this rule (for example, in general, a change in employers requires a new application for certification by the new employer unless the same job opportunity and the same area of intended employment are preserved. International Contractors, Inc., and Technical Programming Services, Inc., 89-INA-278 (June 13, 1990). A change in employers does not necessitate a reapplication for certification where the alien is working in the exact same position, performing the same duties, and in the same area of intended employment for the same salary or wage). Neverthless, you can discuss your case specifically with your own lawyers. If you wish to get a second opinion from us, we expect a paid consultation.
2. That situation is legally the same as changing employers before I-140 employer.
CHANGING EMPLOYER AFTER I-140 APPROVAL
If a person has received an I-140 approval through an employer, the priority date then permanently belongs to him or her. Under very limited circumstances (such as fraud) INS may revoke the I-140 thus causing a loss of priority date.
If such a person changes employers, their priority date will remain the old one, even though they have to process their labor certification and I-140 again with the new employer. It does not matter where in USA the new job is located, what the new job title is or whether the new job falls under EB-2 or EB-3. The priority date is still transferable.
We recommend that an applicant keep at least a copy of the I-140 approval notice.
1. Can you please explain if priority dates can be transferred?
2. What If I-140 Is Denied?
A29 1. Sure. Here is the law:
CHANGING EMPLOYER BEFORE I-140 APPROVAL
If a person changes employers before obtaining I-140 approval, they can carry NOTHING forward to the next employer. They have to start their labor certification all over again with the new employer. There are some very limited exceptions to this rule (for example, in general, a change in employers requires a new application for certification by the new employer unless the same job opportunity and the same area of intended employment are preserved. International Contractors, Inc., and Technical Programming Services, Inc., 89-INA-278 (June 13, 1990). A change in employers does not necessitate a reapplication for certification where the alien is working in the exact same position, performing the same duties, and in the same area of intended employment for the same salary or wage). Neverthless, you can discuss your case specifically with your own lawyers. If you wish to get a second opinion from us, we expect a paid consultation.
2. That situation is legally the same as changing employers before I-140 employer.
CHANGING EMPLOYER AFTER I-140 APPROVAL
If a person has received an I-140 approval through an employer, the priority date then permanently belongs to him or her. Under very limited circumstances (such as fraud) INS may revoke the I-140 thus causing a loss of priority date.
If such a person changes employers, their priority date will remain the old one, even though they have to process their labor certification and I-140 again with the new employer. It does not matter where in USA the new job is located, what the new job title is or whether the new job falls under EB-2 or EB-3. The priority date is still transferable.
We recommend that an applicant keep at least a copy of the I-140 approval notice.
more...
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GKBest
10-31 02:19 PM
I will take an Infopass. Did you get a new Card or they just corrected in their system?
Will update you once I get there. I just took my lawyer's advise.
Will update you once I get there. I just took my lawyer's advise.
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Atmaram
07-16 02:42 PM
I called them this morning and IO told me that my file has been assigned to an officer. What does this mean? Can anyone tell me?
Thanks
Why yes! Didn't you get the memo?
What this means is that somebody at USCIS probably ran out of TP at home.
Thanks
Why yes! Didn't you get the memo?
What this means is that somebody at USCIS probably ran out of TP at home.
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ArkBird
03-15 11:17 AM
Didn't most of us came to US through "Desi Companies/Body Shopper/Outsourcer"?
Now that we are feeling the pinch, we want to close this door for the other folks?
Guys, this is pinnacle of hypocrisy. Please convince me how this is different from the Anti Immigrants??
Please note. I have no axe to grind and I have never worked for Desi Company/Body Shopper/Outsourcer.
Now that we are feeling the pinch, we want to close this door for the other folks?
Guys, this is pinnacle of hypocrisy. Please convince me how this is different from the Anti Immigrants??
Please note. I have no axe to grind and I have never worked for Desi Company/Body Shopper/Outsourcer.
purgan
04-26 02:52 PM
vikki76 may have gone a little overboard with the salary statement, but the rest is true....there is simply more information stored in govt databases for a foreign national, hence more rigorous screening is possible
langagadu
03-29 03:50 PM
I would opt for Mexico
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