ameryki
07-22 01:42 PM
thanks guys. i wished there was any interim EAD to continue work.
I agree would have been nice. I know people that had to quit working and then come back online once the EAD came through of course the employer worked with them as far as rehiring is concerned but its just not easy to not see the pay checks coming in regularly.
I agree would have been nice. I know people that had to quit working and then come back online once the EAD came through of course the employer worked with them as far as rehiring is concerned but its just not easy to not see the pay checks coming in regularly.
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beautifulMind
11-20 12:56 PM
But I work in the same company and same dept..isn't AC21 only used if you quit GC sponsoring company
amicable
06-24 01:23 PM
Hi Old Monk and GC.....Thank you for your reply. I am canadian citizen by naturalization. Is it a fast process for naturalization (not by birth) Canadian Citizen too? I havn't applied for I-765. As right now, my husband has no intention me to work in USA. Suppose in future if I decide to work...Can I work once my GC will approve, or do I have to have file I-765 to get permission to work?
Its been only one week, since I have mailed my I-485 to Chicago office. I havn't got my reciept yet. So,will wait for another week or so. As someone said on this forum usually it takes 10 days to get the receipt. My question is once I get my receipt can I apply for Social Security and Driving Licence? Can I leave the country to visit my family back home too? Or do I have to wait untill I get my Permanent residence card? As per GC or lets hope for canadian citizen it takes 6-9 months to approve their case. TIA.
Its been only one week, since I have mailed my I-485 to Chicago office. I havn't got my reciept yet. So,will wait for another week or so. As someone said on this forum usually it takes 10 days to get the receipt. My question is once I get my receipt can I apply for Social Security and Driving Licence? Can I leave the country to visit my family back home too? Or do I have to wait untill I get my Permanent residence card? As per GC or lets hope for canadian citizen it takes 6-9 months to approve their case. TIA.
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baburob2
04-29 01:05 PM
Regd conversion to PERM ie refile in PERM and retain the PD your title, minimum job requirements, employer's name, employer's address etc should remain the same except the prevailing wage.
Some of the factors to consider before refiling:
1)Length of time the traditional or RIR Labor certification application has been pending: If you feel that traditional or RIR will be certified soon don't refile in PERM else do it.
2)Alien requiring a seventh-year extension:
It is uncertain at this time whethre USCIS will permit the alien to withdraw the labor certification and retain the PD date for the purpose of replying on the provision under AC21 to obtain a seventh-year extension. Until USCIS pronounces a clear policy in this area, one should proceed with extreme caution before refiling under the PERM regulatoins.
3)Economic factor like Layoffs in the industry, Recent layoffs by employer, increased costs for the employer
If the above economic factors seem to cause any issues dont refile.
This is from a OLD PERM manual i believe so please check with your attorney on recent ones and proceed ahead. However i do see a lot of people doing it successfully.
Some of the factors to consider before refiling:
1)Length of time the traditional or RIR Labor certification application has been pending: If you feel that traditional or RIR will be certified soon don't refile in PERM else do it.
2)Alien requiring a seventh-year extension:
It is uncertain at this time whethre USCIS will permit the alien to withdraw the labor certification and retain the PD date for the purpose of replying on the provision under AC21 to obtain a seventh-year extension. Until USCIS pronounces a clear policy in this area, one should proceed with extreme caution before refiling under the PERM regulatoins.
3)Economic factor like Layoffs in the industry, Recent layoffs by employer, increased costs for the employer
If the above economic factors seem to cause any issues dont refile.
This is from a OLD PERM manual i believe so please check with your attorney on recent ones and proceed ahead. However i do see a lot of people doing it successfully.
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Blog Feeds
09-09 07:30 PM
Immigration Visa Attorney Blog Has Just Posted the Following:
http://www.immigrationvisaattorneyblog.com/177934_bus_queue_v.jpgMajor news for relatives of legal permanent residents who have been patiently waiting for their petitions to become current. The Department of State reported in the September 2010 visa bulletin (http://www.travel.state.gov/visa/bulletin/bulletin_5113.html) that applicants who are spouses or children of greencard holders (filed as late as January 1, 2010) can now be processed for greencards. This is true for applicants from all countries except Mexico and the Dominican Republic, whose priority dates aren't far behind either: January 1, 2009.
What is a a "priority date," you ask? A "priority date" is a legal term of art that can be exceedingly hard to explain (especially in a blog), but I'll try. Let's start with basics. There is a quota on how many immigrants can come legally to the country per year. Imagine the quota like it is a long line of people lining up for a greencard. The people at the front of the line are those whose relative petitions were filed earliest, ie those with the earliest "priority date." A priority date is established on the date that your petition is received by the USCIS. Of course, the earlier your priority date, the sooner you can later ask for greencard status. Generally, priority dates always move forward, but these dates can also go backwards, and if applications aren't received by USCIS before this "retrogression" happens, applicants are back to the waiting game.
In the past month, the (F2A) priority date in the the family-based second preference category (ie for spouses and children of greencard holders) advanced from March 2009 to January 2010! This has made an incredible difference to those who have been waiting to be reunited with their spouses and children, rather than expecting a year or more of wait, this category of new immigrants can now start processing their greencard applications. If you would like assistance in making sure that your application can be made as quickly as possible, contact the attorneys at Fong & Chun, LLP before those dates retrogress. --ecf
More... (http://www.immigrationvisaattorneyblog.com/2010/09/relatives-of-permanent-residen.html)
http://www.immigrationvisaattorneyblog.com/177934_bus_queue_v.jpgMajor news for relatives of legal permanent residents who have been patiently waiting for their petitions to become current. The Department of State reported in the September 2010 visa bulletin (http://www.travel.state.gov/visa/bulletin/bulletin_5113.html) that applicants who are spouses or children of greencard holders (filed as late as January 1, 2010) can now be processed for greencards. This is true for applicants from all countries except Mexico and the Dominican Republic, whose priority dates aren't far behind either: January 1, 2009.
What is a a "priority date," you ask? A "priority date" is a legal term of art that can be exceedingly hard to explain (especially in a blog), but I'll try. Let's start with basics. There is a quota on how many immigrants can come legally to the country per year. Imagine the quota like it is a long line of people lining up for a greencard. The people at the front of the line are those whose relative petitions were filed earliest, ie those with the earliest "priority date." A priority date is established on the date that your petition is received by the USCIS. Of course, the earlier your priority date, the sooner you can later ask for greencard status. Generally, priority dates always move forward, but these dates can also go backwards, and if applications aren't received by USCIS before this "retrogression" happens, applicants are back to the waiting game.
In the past month, the (F2A) priority date in the the family-based second preference category (ie for spouses and children of greencard holders) advanced from March 2009 to January 2010! This has made an incredible difference to those who have been waiting to be reunited with their spouses and children, rather than expecting a year or more of wait, this category of new immigrants can now start processing their greencard applications. If you would like assistance in making sure that your application can be made as quickly as possible, contact the attorneys at Fong & Chun, LLP before those dates retrogress. --ecf
More... (http://www.immigrationvisaattorneyblog.com/2010/09/relatives-of-permanent-residen.html)
leonqiu
03-06 01:39 PM
sorry, i forget to add, i am on i-485 waiting list, and have passed 180 days
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sanz
11-19 10:29 AM
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eb3_nepa
06-14 02:38 PM
What happens after the I-485?
I guess I-486:D
Funny. :)
But lets be serious about this guys. Maybe we can be proactive about some stuff here. Most of us got caught unawares with retrogression. I am sure we dont want to make the same mistake this time around.
I guess I-486:D
Funny. :)
But lets be serious about this guys. Maybe we can be proactive about some stuff here. Most of us got caught unawares with retrogression. I am sure we dont want to make the same mistake this time around.
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dwl800
06-13 09:15 AM
I wont be able to file for GC under STEM coz my I-140 was filed in EB-3 after 2 years of my Graduation but less than 3 years.
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sg8228
07-25 02:31 PM
Hi,
I am Indian national on H1B, waiting on priority date to be current to file for I-485. My wife is currently working on TN visa. Will there be any issue with her being on TN status when I file for adjustment of status (for me and for her together). What options I can consider in advance so that I-485 process will not halt with last minute surprises.
Thanks in advance
sg
I am Indian national on H1B, waiting on priority date to be current to file for I-485. My wife is currently working on TN visa. Will there be any issue with her being on TN status when I file for adjustment of status (for me and for her together). What options I can consider in advance so that I-485 process will not halt with last minute surprises.
Thanks in advance
sg
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Humhongekamyab
10-29 02:34 PM
Mine charged $750.
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glus
09-27 08:43 AM
My Father is applying for Citizenship in Nov 10. If he becomes Citizen then can I file I485 under F3(married sons and daughters of citizen parents). Category and port priority date of May 03 from my employment base I-485 to I-485 under F3?
hi there,
Unfortunately INA (immigration and naturalization act) does not allow to transfer Employment Based priority dates to Family Based immigration. So no, you can not do it.
hi there,
Unfortunately INA (immigration and naturalization act) does not allow to transfer Employment Based priority dates to Family Based immigration. So no, you can not do it.
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Navkcl
06-22 11:49 AM
Thanks for the advise ...
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perm2gc
06-28 09:54 AM
Unless the first company cancels their H1B
they don't need to cancel the H1.As he might have been already working for company B.company A might have stopped running payrol for him..so he is already out of status.
they don't need to cancel the H1.As he might have been already working for company B.company A might have stopped running payrol for him..so he is already out of status.
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GSingh
04-20 10:20 AM
My wife�s I 485 (PD Jan 2007, EB2, India & concurrent filer July 2007) application has a new soft LUD on 04/17/09. Not aware of any RFE yet.
Contributed $ 225. Will contribute more.
Contributed $ 225. Will contribute more.
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i_aged_out
03-22 10:26 PM
Hello everybody ! I am 22 years old. My parents had applied for GC under the employment based category. I, unfortunately, aged out before my parents applied I-140 because of the stupid backlogs. So I aged out even before an I-140 was filed. I was reading the Child protection act info and could not understand if I will be "automatically classified to the appropriate category" for GC which is Family 2B and retain my "original PD." Does this apply to me as I had not even filed I-140 when I aged out ? My parent's PD is Oct 2000 so does this mean I am under Family 2B with Oct 2000 PD ?? Please help me out. I am sure many of you with sons/daughters that are in a similar situation. Thanks
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milind70
10-02 04:37 PM
Do you need to apply for SSN after getting GC? i was thinking that everyone who is working already has SSN... Do you have to get new one? that does not seem right??? please advise
Raj,
You dont get a new SSN. You just remove the restrictions that is on your previous card.When u become a LPR you should get a replacement card without any restrictions.If you read my post i mentioned SSN card replacement. I am sorry it might have mislead you otherwise.
Raj,
You dont get a new SSN. You just remove the restrictions that is on your previous card.When u become a LPR you should get a replacement card without any restrictions.If you read my post i mentioned SSN card replacement. I am sorry it might have mislead you otherwise.
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h1vegas
02-02 08:32 PM
Thanks nousername
well i already have a EAD, additionally I will apply for AP as well
Thx again
well i already have a EAD, additionally I will apply for AP as well
Thx again
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raysaikat
05-15 07:39 PM
Dear All:
I am currently in my 7th year on H-1B (with I-140 approved) and my H-1B Visa expired a year ago and my current I-94 valid until next 2 years (same case for my dependants).
I am switching my employer now and my family is planning to goto India and when they go for visa stamping through my new employer - do you think they will get into the trouble because my visa (with old employer) is already expired?
And FYI - myself/my fmaily already had US Visas stamped for atleast 4-5times already in the past through various employers.
The primary applicant's H1-B status must be valid for the dependent to get H-4 VISA stamp. The primary's own VISA stamp is not an issue.
I am currently in my 7th year on H-1B (with I-140 approved) and my H-1B Visa expired a year ago and my current I-94 valid until next 2 years (same case for my dependants).
I am switching my employer now and my family is planning to goto India and when they go for visa stamping through my new employer - do you think they will get into the trouble because my visa (with old employer) is already expired?
And FYI - myself/my fmaily already had US Visas stamped for atleast 4-5times already in the past through various employers.
The primary applicant's H1-B status must be valid for the dependent to get H-4 VISA stamp. The primary's own VISA stamp is not an issue.
WhatWentWrong
05-14 05:23 PM
Hello,
Here's my situation:
H1b: 7th Year (valid through Nov 2009)
Labor: Approved
140: Approved
Category: EB2
Priority Date: Aug 2007
485/EAD: cannot file due to retrogression
I have a permanent employment offer from the employer where I am contracting, right now for the same job. Following are the questions I have:
1. Can I change my employer?
2. Can I retain my Priority date?
3. If the new employer files for transfer of H1, what does it mean to my extension beyond 7th year?
Please help.
Thank you.
Here's my situation:
H1b: 7th Year (valid through Nov 2009)
Labor: Approved
140: Approved
Category: EB2
Priority Date: Aug 2007
485/EAD: cannot file due to retrogression
I have a permanent employment offer from the employer where I am contracting, right now for the same job. Following are the questions I have:
1. Can I change my employer?
2. Can I retain my Priority date?
3. If the new employer files for transfer of H1, what does it mean to my extension beyond 7th year?
Please help.
Thank you.
morchu
05-15 04:40 PM
No issues, as long as the job/position is still available (waiting) for the primary applicant.
if the primary applicant my spouse can take the extended leave on child care that is sanctioned by the employer
if the primary applicant my spouse can take the extended leave on child care that is sanctioned by the employer
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