GCBy3000
03-31 02:21 PM
it isnot dependent on how gradual your change is. If your LC process takes 10 years, you can gradually move to VP position. It does not mean it is legal. You should never change your job duties dramatically. You could move from Software engineer to Sr. Software engineer and not to Team lead or project manager. Again, it is not hard and fast rule. Legally, you could take up any job as long as you move back to the job described in the LC after the adjustment of status(I485).
Again the entire GC is for future job. I did not say "YOU HAVE TO" stay in that job. May be my wording is little bit wrong. It is always better to stay with the same company atleast for 6 months and min of one year after you get GC. If you do not, then if you intent to become citizen, there may be some questions regarding your intent for GC. I am not an attorney, but whatever, I have expressed above came directly from my company attorney.
Thanks
Again the entire GC is for future job. I did not say "YOU HAVE TO" stay in that job. May be my wording is little bit wrong. It is always better to stay with the same company atleast for 6 months and min of one year after you get GC. If you do not, then if you intent to become citizen, there may be some questions regarding your intent for GC. I am not an attorney, but whatever, I have expressed above came directly from my company attorney.
Thanks
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Rohan99
05-26 04:11 PM
Thank you samswas
All of them might not be applicable for all, but found this on another forum ...
1 - New SSN to get rid of pesky legend "requires INS authorization..."
2 - SSN for wife
3 - Drivers license for wife without pesky legend "temporary for one yr or until H1 validity...", etc.)
4 - Update I-9 form with employer
5 - Someone here said let your mortgage company know about GC if you own a home, not sure why?
6 - Do not hand over the I-94 card to the airlines/immigration offices at the airport. Keep it or through away
7 - Do not need to carry anything other then Passport and Green Card when travelling
All of them might not be applicable for all, but found this on another forum ...
1 - New SSN to get rid of pesky legend "requires INS authorization..."
2 - SSN for wife
3 - Drivers license for wife without pesky legend "temporary for one yr or until H1 validity...", etc.)
4 - Update I-9 form with employer
5 - Someone here said let your mortgage company know about GC if you own a home, not sure why?
6 - Do not hand over the I-94 card to the airlines/immigration offices at the airport. Keep it or through away
7 - Do not need to carry anything other then Passport and Green Card when travelling
sk26
04-13 03:46 PM
In my Query it states as 30 days...
This is my first post, in this website.
I recieved an RFE on my I-485 .
This is a brief summary as to what was asked,
if I am still working for the current employer, or for an intended future employer.
1. Specific Job Title
2. Duties of the offered position
3. Minimum education or training requirements
4. Start date of the employment.
5. Offered salary or wages.
Mine is EB-2 PD APRIL -04.
I did not change my employer, and all the quries asked were already answered during the labor and I-140 stage.
Did any one get similar RFE , plase let me know more in detail
My concern is why would USCIS want to know these details at this stage?
Thanks
SK26
This is my first post, in this website.
I recieved an RFE on my I-485 .
This is a brief summary as to what was asked,
if I am still working for the current employer, or for an intended future employer.
1. Specific Job Title
2. Duties of the offered position
3. Minimum education or training requirements
4. Start date of the employment.
5. Offered salary or wages.
Mine is EB-2 PD APRIL -04.
I did not change my employer, and all the quries asked were already answered during the labor and I-140 stage.
Did any one get similar RFE , plase let me know more in detail
My concern is why would USCIS want to know these details at this stage?
Thanks
SK26
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21stIcon
05-04 12:41 PM
I searched all over web for BEC to PERM conversion denials, I could not find even single references on NRIWEB OR immigrationportal.com, and I know it could take more time than expected but have not heard of any denied cases so far, please share your source of info....
more...
micofrost
09-01 05:37 PM
Dude,
Since you have said "no offence", I will be polite too.
First of all, all these indians you see are a miniscule numbers. dont look at the %age out of 140K GC visas. Look at the numbre compared to the total india population. There are around 3 million indians in US, including the citizens, gcs and h1bs, business and touirist and f1s and h4s and l1s and the other visas which i know but do not know their names.
Compare 3 million to the 1.15 Billion population. You calculate the %age.
Compare that to the other countries who are trying to immigrate. Yes we are proud of our culture. Its one of the best. Ofcourse I am trying to fugure out the the other best.
And the person who is trying to immigrate, has nothing to do with his/her culture.
No offence intended, If India is the best country in the world with its "wonderful" cultures why are there so many Indians hell bent on getting the Green Card? Waiting so many years painfully? Why not just return home and live in "best place on earth"? Why would you want to turn America into India? It is good to respect your host country's culture. They are not perfect and so also are many other countries. Please let's call a spade a spade and nothing else.
Having said that, this article reminds us that the debate should be: What group of people does America need to allow into this country on a permanent basis? (Emphasis on permanent basis). Aged parents of US citizens or long time resident and highly skilled immigrants?
If I had a chance to write this part of the immigration law, I would stop a system where US citizens can file green cards for sibblings and parents. I would however, make it almost automatic for parents of citizens/green card holders to be granted 5 to 10 year visitor visas. I dont expect my parents who are in their 60s to move to the US. To do what at that age?? I cant sit at home with them... they will just be lonely!!
I would also stop the green card lottery program. The freed up green quota from these two groups I will move to long time LEGAL residents (say 5 years or 10 years) who have been paying taxes, working and contributing to the economy.
Since you have said "no offence", I will be polite too.
First of all, all these indians you see are a miniscule numbers. dont look at the %age out of 140K GC visas. Look at the numbre compared to the total india population. There are around 3 million indians in US, including the citizens, gcs and h1bs, business and touirist and f1s and h4s and l1s and the other visas which i know but do not know their names.
Compare 3 million to the 1.15 Billion population. You calculate the %age.
Compare that to the other countries who are trying to immigrate. Yes we are proud of our culture. Its one of the best. Ofcourse I am trying to fugure out the the other best.
And the person who is trying to immigrate, has nothing to do with his/her culture.
No offence intended, If India is the best country in the world with its "wonderful" cultures why are there so many Indians hell bent on getting the Green Card? Waiting so many years painfully? Why not just return home and live in "best place on earth"? Why would you want to turn America into India? It is good to respect your host country's culture. They are not perfect and so also are many other countries. Please let's call a spade a spade and nothing else.
Having said that, this article reminds us that the debate should be: What group of people does America need to allow into this country on a permanent basis? (Emphasis on permanent basis). Aged parents of US citizens or long time resident and highly skilled immigrants?
If I had a chance to write this part of the immigration law, I would stop a system where US citizens can file green cards for sibblings and parents. I would however, make it almost automatic for parents of citizens/green card holders to be granted 5 to 10 year visitor visas. I dont expect my parents who are in their 60s to move to the US. To do what at that age?? I cant sit at home with them... they will just be lonely!!
I would also stop the green card lottery program. The freed up green quota from these two groups I will move to long time LEGAL residents (say 5 years or 10 years) who have been paying taxes, working and contributing to the economy.
PrayForEveryone
07-11 11:10 AM
140 (EB3) was upgraded to Premium Processing on June 27th 2007 (just before the USCIS suspended premium processing on 140).
It got approved yesterday!
It got approved yesterday!
more...
tikka
05-31 02:32 PM
Contributed $350 so far. Will contribute another $100 today.
Awesome!!
Thank you !
Awesome!!
Thank you !
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jliechty
June 16th, 2005, 05:52 PM
From my calibrated 213T but in my non-profile-aware browser, the blacks are nice and dark while retaining "enough" detail. :)
Edit: referring to the original photos - Nik's version looks a bit too light IMHO
Edit: referring to the original photos - Nik's version looks a bit too light IMHO
more...
mani_r1
07-11 04:03 PM
When I went recently for my EAD renewal FP (I deliberately e-filed EAD renewal to get this FP notice, and it came fast), I took a copy of my I485 receipt notice, and explained to them that I have been waiting for that other FP for almost a year (never opened SR). They promptly took both FPs (code-1 for I485 and code-2 for EAD), and also told me I should never have waited this long, and instead should have contacted them (I guess they meant by Infopass) after 2-3 months.
Where was your finger printing? Did you talk to any IO there? My EAD FP is scheduled and I will try to utilize the chance if possible.
Thanks
Where was your finger printing? Did you talk to any IO there? My EAD FP is scheduled and I will try to utilize the chance if possible.
Thanks
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Motivated
10-27 09:29 AM
to be 'fair' FOX is better in the sense we know what we are getting but if u look at NPR, CNN, CBS, ABC, NBC, they make us believe they are giving out a balanced view of the world but they all have a 'liberal' agenda, to understand the issues better you have to listen to both sides of the argument, by criticizing FOX over and over in this forum we are shutting down cone side of the argument, many commentators on FOX expressed their supporting of legal immigration,
You probably know what you are getting, but there are others who believe all the lies that FOX spreads - don't always look through the prism of your problems...
At least on the other news outlets, they bring 2 sides of opinions, unlike FOX - which only shows one side of the issues 25% of the time, and the host spews his/her talking points for the rest of the 75% of the show!
Having said that, I would much prefer for the news outlets (ABC, CNN, NBC, CBS, NPR ..) to not only give 2 sides of the story, but actually do some investigative journalism and come to conclusions. Ask the tough questions and if all they get is talking points cut them off.........
You probably know what you are getting, but there are others who believe all the lies that FOX spreads - don't always look through the prism of your problems...
At least on the other news outlets, they bring 2 sides of opinions, unlike FOX - which only shows one side of the issues 25% of the time, and the host spews his/her talking points for the rest of the 75% of the show!
Having said that, I would much prefer for the news outlets (ABC, CNN, NBC, CBS, NPR ..) to not only give 2 sides of the story, but actually do some investigative journalism and come to conclusions. Ask the tough questions and if all they get is talking points cut them off.........
more...
kumar1
03-03 12:19 PM
Desi, Thanks for the translation, it was very helpful. However, I failed to find in this document anywhere that a PD obtained from EB application can not be ported to an FB category.
Main line is this -
In the event that the alien is the beneficiary of multiple petitions under sections 203(b) (1), (2), or (3) of the Act, the alien shall be entitled to the earliest priority date.
Translation -
If person has multiple approved I-140 petitions under EB-1, EB-2, and Eb-3 sections, he./she can claim the earliest PD date to any of his/her I-140 approved petitions.
An example taken from Michael Aytes Memo (09/12/2006), section 22.2(d)(3) page 28:
Company A files a labor certification request on behalf of an alien ("Joe") as a janitor on January 10, 2003. The DOL issues the certification on March 20, 2003. Company A later files, and USCIS approves, a relating I-140 visa petition under the EB-3 category. On July 15, 2003, Joe files a second I-140 visa petition in his own behalf as a rocket scientist under the EB-1 category, which USCIS approves. Joe is entitled to use the January 10, 2003, priority date to apply for adjustment under either the EB-1 or the EB-3 classification.
__________________
Not a legal advice.
Main line is this -
In the event that the alien is the beneficiary of multiple petitions under sections 203(b) (1), (2), or (3) of the Act, the alien shall be entitled to the earliest priority date.
Translation -
If person has multiple approved I-140 petitions under EB-1, EB-2, and Eb-3 sections, he./she can claim the earliest PD date to any of his/her I-140 approved petitions.
An example taken from Michael Aytes Memo (09/12/2006), section 22.2(d)(3) page 28:
Company A files a labor certification request on behalf of an alien ("Joe") as a janitor on January 10, 2003. The DOL issues the certification on March 20, 2003. Company A later files, and USCIS approves, a relating I-140 visa petition under the EB-3 category. On July 15, 2003, Joe files a second I-140 visa petition in his own behalf as a rocket scientist under the EB-1 category, which USCIS approves. Joe is entitled to use the January 10, 2003, priority date to apply for adjustment under either the EB-1 or the EB-3 classification.
__________________
Not a legal advice.
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Ψ
06-11 08:42 AM
aroound 6 hrs have passed and no comments on the serve
*i feel, i feel like, i cant explain how i feel like*
*would really love some comments on the art*
*i feel, i feel like, i cant explain how i feel like*
*would really love some comments on the art*
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Gravitation
03-27 10:33 PM
... "Its the Journey that matters, not the destination"
Every tried to catch the last bus home on a rainy evening?
Every tried to catch the last bus home on a rainy evening?
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GCMan007
03-12 09:30 PM
Did you get second finger print notice before approval? When did you go for first fingerprint notice?
I did not get a second finger printing notice (yet?). The 485 approval notice said that a biometric appt may be sent or the card will arrive. Just keeping my fingers crossed.
My first FP was done in Dec 2007
I did not get a second finger printing notice (yet?). The 485 approval notice said that a biometric appt may be sent or the card will arrive. Just keeping my fingers crossed.
My first FP was done in Dec 2007
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IVFOREVER
03-27 03:49 PM
I will also agree with you "To be positive". But being realistically positive is good and avoids disappointment at the end of the day.
:D:D:D
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ys2jax
07-11 02:21 PM
open a infopass, go to a local service center, they will schedule and u get it done, Dont loose this great chance.
I waited, opened SR's with 0 luck. Then i tried above and it worked. Luckily they scheduled same day as inforpass for me.
what options did you choose while selecting infopass appt
-----------------------
the first screen gives 5 options
1. You need Service on a case that has already been filed
2. You are a new Permanent Resident and have not yet received your permanent Resident Card
3. You want to file an application in person
4. You need information or other services
5. You need a form.
---------------------------------
I selected #1 and it give 4 more options but I am not sure which one to select for FP
Order from Immigration Court - If you were directed to us for processing based on an order from the Immigration Judge. You must bring all documents required in the post order instructions given to you by the court.
Case Processing Appointment - If you received a notice to go to your local office for further case processing.
EAD inquiry appointment - If your I-765 employment authorization application has been pending for more than 90 days.
Case Services follow-up appointment - If it has been over 45 days since you contacted NCSC and have not received a response to your inquiry. You must bring the Service Request ID Number related to your inquiry to the appointment.
can you throw some light. Thanks
I waited, opened SR's with 0 luck. Then i tried above and it worked. Luckily they scheduled same day as inforpass for me.
what options did you choose while selecting infopass appt
-----------------------
the first screen gives 5 options
1. You need Service on a case that has already been filed
2. You are a new Permanent Resident and have not yet received your permanent Resident Card
3. You want to file an application in person
4. You need information or other services
5. You need a form.
---------------------------------
I selected #1 and it give 4 more options but I am not sure which one to select for FP
Order from Immigration Court - If you were directed to us for processing based on an order from the Immigration Judge. You must bring all documents required in the post order instructions given to you by the court.
Case Processing Appointment - If you received a notice to go to your local office for further case processing.
EAD inquiry appointment - If your I-765 employment authorization application has been pending for more than 90 days.
Case Services follow-up appointment - If it has been over 45 days since you contacted NCSC and have not received a response to your inquiry. You must bring the Service Request ID Number related to your inquiry to the appointment.
can you throw some light. Thanks
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kevinkris
11-03 08:42 PM
http://www.youtube.com/watch?v=INo69f7f8bo
About CIR.
The CIR bill is definitely coming back. Obama has mentioned it few times that solving the current immigration problem is one of his highest priority. Now we will need to wait and see what changes they can add to the existent CIR bill to help legals. But I would think most of the bill should remain the same since they have wasted a lot of time and effort in coming up with it
About CIR.
The CIR bill is definitely coming back. Obama has mentioned it few times that solving the current immigration problem is one of his highest priority. Now we will need to wait and see what changes they can add to the existent CIR bill to help legals. But I would think most of the bill should remain the same since they have wasted a lot of time and effort in coming up with it
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pappu
03-31 03:50 PM
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riva2005
03-16 03:40 PM
Need your opinion on this.. filed for I-485 on EB2 in July 07. I am the primary applicant. I have been married since May '04. Need to apply for a divorce. My wife, a derivative in my application, is holding up the process as it may affect her chances of getting a GC without any sweat. She has an parallel GC process running solely in her name, which I believe hasnt cleared PERM yet (some sort of audit). She is on H1B, extendable for another 3 years, and has EAD from my GC application. Will there be any implications on her application if the divorce goes through? And also, can I out of spite do anything to get her derivative application out of the queue :rolleyes: ?
If your wife is using EAD based on a 485 that was filed as your dependent, then her 485 and her EAD will be lost if you withdraw her 485. I dont think you need to get a divorce for that. However, I think if you get her 485 withdrawn, then something tells me that your divorce process will accelerate.
If she is not using the EAD that came out of 485 filed with your 485, and if she is using H1 that is getting extended based on her own separate labor/GC process, then she may be unaffected by whatever you do - divorce her, withdraw her 485, or do both.
Also, if you divorce her, then there is no way that the 485 that was filed along with your 485 will be useful. That dependent 485 is no good to her if you are divorced.
I think your whole mixing of immigration and marital situation is complicating things. If you want to get divorced, get divorced. There is going to be enough pain on both sides during and after the divorce. Dont add to your work by engaging immigration issues with it.
Also, in most states, in order get a divorce, you have to have lived in that state for minimum of 6 months. And you need to wait 90 - 180 days between filing for divorce and actually getting that divorce. If there are custody battles, battles over property, money then it could be longer. If you own a house, then the house may be considered marital property and she and you would have equal right to the equity in the house, even if its only your name on the title and even if you are the only one making payments. It , of course, depends on your state. In some states, if the house is in your name, then its yours even if you are married.
Even amicable divorces are messy, painful and tiring. So if you have time and energy after going thru all that, then you may think about screwing your spouse out of immigration benefits that she got by being married to you.
By the way, no one can stop or "HOLD UP" your divorce. If you want to start the divorce process, you can start it at any time. I dont think any state allows one spouse to "HOLD UP" divorce if the other one wants to get out of a marriage. It can be prolonged by fighting over money, custody, visitation rights etc. But to start the process, you have to file a petition in your county and get your spouse "served" the petition.
If your wife is using EAD based on a 485 that was filed as your dependent, then her 485 and her EAD will be lost if you withdraw her 485. I dont think you need to get a divorce for that. However, I think if you get her 485 withdrawn, then something tells me that your divorce process will accelerate.
If she is not using the EAD that came out of 485 filed with your 485, and if she is using H1 that is getting extended based on her own separate labor/GC process, then she may be unaffected by whatever you do - divorce her, withdraw her 485, or do both.
Also, if you divorce her, then there is no way that the 485 that was filed along with your 485 will be useful. That dependent 485 is no good to her if you are divorced.
I think your whole mixing of immigration and marital situation is complicating things. If you want to get divorced, get divorced. There is going to be enough pain on both sides during and after the divorce. Dont add to your work by engaging immigration issues with it.
Also, in most states, in order get a divorce, you have to have lived in that state for minimum of 6 months. And you need to wait 90 - 180 days between filing for divorce and actually getting that divorce. If there are custody battles, battles over property, money then it could be longer. If you own a house, then the house may be considered marital property and she and you would have equal right to the equity in the house, even if its only your name on the title and even if you are the only one making payments. It , of course, depends on your state. In some states, if the house is in your name, then its yours even if you are married.
Even amicable divorces are messy, painful and tiring. So if you have time and energy after going thru all that, then you may think about screwing your spouse out of immigration benefits that she got by being married to you.
By the way, no one can stop or "HOLD UP" your divorce. If you want to start the divorce process, you can start it at any time. I dont think any state allows one spouse to "HOLD UP" divorce if the other one wants to get out of a marriage. It can be prolonged by fighting over money, custody, visitation rights etc. But to start the process, you have to file a petition in your county and get your spouse "served" the petition.
maverick_iv
12-05 09:35 PM
Don't think there is any need to take your kid along. Other than avoiding the postal delay, applying in person has no other advantages. The person sitting in the counter would double check your docs and accept the application and would give the standard response that it would take 45 days. If you had done your homework, you don't have to worry about another person checking your docs.
Other tips for folks going to the DC embassy:
- None of the phone numbers would be answered.
- At the counter there would three phone numbers listed for PIO/OCI queries(no mention of those in the website) - but you won't be able to get anyone on those lines either.
- What is really helpful is that everyday between 12.30 and 1pm, you could get into the main building of the embassy for PIO/OCI queries.
- The person approving the PIOs is Mr. Natesan - a very helpful and patient chap.
- Once you get into the office, you'll have a story to tell on how PIOs are processed. You would notice a number of USPS tubs full of PIO applns in the corridor with folks trying to look and pull their applns out.
- Regardless, if you have a pending appln, you could explain the situation and request for the PIO to be issued the same day. The folks in the PIO section are very cooperative - there were about 12-13 people on the day that I went in - Almost all of them got it on the same day regardless of when they applied.
Harikris - My suggestion to you is to mail your application right away and take a trip to the DC embassy a week or two later. If you want to, you could apply in person and try your luck the same day.
Hi,
Thanks for your response.
AFAIK, there is no tatkal or emergency type of service for PIO card - atleast not at Washington DC which is our jurisdiction.
My company surprised all it's employees with a 2 week of paid X-Mas holidays. Hence the need for PIO card asap. Hence the reasoning for going and applying in person. So, do i absolutely need to take the kid? I don't see any reason why i should. But better to check with ppl that have first hand experience in submitting the application in person at the Embassy counter.
Thanks for the idea on the thumb impressions. That helps.
Other tips for folks going to the DC embassy:
- None of the phone numbers would be answered.
- At the counter there would three phone numbers listed for PIO/OCI queries(no mention of those in the website) - but you won't be able to get anyone on those lines either.
- What is really helpful is that everyday between 12.30 and 1pm, you could get into the main building of the embassy for PIO/OCI queries.
- The person approving the PIOs is Mr. Natesan - a very helpful and patient chap.
- Once you get into the office, you'll have a story to tell on how PIOs are processed. You would notice a number of USPS tubs full of PIO applns in the corridor with folks trying to look and pull their applns out.
- Regardless, if you have a pending appln, you could explain the situation and request for the PIO to be issued the same day. The folks in the PIO section are very cooperative - there were about 12-13 people on the day that I went in - Almost all of them got it on the same day regardless of when they applied.
Harikris - My suggestion to you is to mail your application right away and take a trip to the DC embassy a week or two later. If you want to, you could apply in person and try your luck the same day.
Hi,
Thanks for your response.
AFAIK, there is no tatkal or emergency type of service for PIO card - atleast not at Washington DC which is our jurisdiction.
My company surprised all it's employees with a 2 week of paid X-Mas holidays. Hence the need for PIO card asap. Hence the reasoning for going and applying in person. So, do i absolutely need to take the kid? I don't see any reason why i should. But better to check with ppl that have first hand experience in submitting the application in person at the Embassy counter.
Thanks for the idea on the thumb impressions. That helps.
americandesi
08-11 06:32 PM
On exploring this topic further, I found that, at times, DOL conducts an audit to check if the employer paid the proffered wage to the beneficiary after GC approval. In case of a violation, DOL bans the employer from processing further H1’s or GC’s.
On rare occasions, USCIS revokes previously approved GC’s in case of fraud.
Also during naturalization, USCIS checks the duration of employment with the GC position after I-485 approval. Naturalization might be denied if the duration of employment is very short.
On rare occasions, USCIS revokes previously approved GC’s in case of fraud.
Also during naturalization, USCIS checks the duration of employment with the GC position after I-485 approval. Naturalization might be denied if the duration of employment is very short.
