desi3933
02-26 12:07 PM
Don't give advise, if you are not sure.
Nobody can file AOS, if they are out of status.
....
CONSULT A LAWYER.
Follow your own advice. You are incorrect here.
Out of Status is forgiven for I-130 Spouse of US Citizen as long as entry into USA was a legal one.
Rules are different if I-485 application is filed based on marriage to US citizen.
__________________
Not a legal advice.
Nobody can file AOS, if they are out of status.
....
CONSULT A LAWYER.
Follow your own advice. You are incorrect here.
Out of Status is forgiven for I-130 Spouse of US Citizen as long as entry into USA was a legal one.
Rules are different if I-485 application is filed based on marriage to US citizen.
__________________
Not a legal advice.
wallpaper Journey in concert at the Cruzan Amphitheatre in West Palm Beach, Florida,
sac-r-ten
02-26 10:20 AM
Sorry to hear that.
Plan B can be joining school again on F1 to do Masters.
Just my 2 cents.
Plan B can be joining school again on F1 to do Masters.
Just my 2 cents.
natrajs
08-23 12:54 PM
It is very unlikely to get a RFE for this
I hope you don't get it, Try to get the Duplicate ASAP
I hope you don't get it, Try to get the Duplicate ASAP
2011 as Journey to the West.
redgreen
12-16 02:14 PM
I had only I-485 receipt (previous I-94 expired, passport had validity for only 3 weeks) and in MA I got a driver's license for 5 years.
more...
deecha
08-06 10:35 AM
I have a EB2 - I140 (PERM) pending at Texas from 06/2006 and another EB3-I140 (RIR) pending from 06/2007. When my lawyer filed the EB2-I140, he filed it with a copy of labor from DOL (not original hard copy). He says he did not know it would cause such a delay. My EB3-I140 however was filed on labor approved from the Dallas BEC. It was filed with the original copy of labor. Are there any people like me, who have endured a long wait because they did not have the original labor ? Please post your experiences here .......
nousername
02-24 07:23 PM
It clearly says "evaluation from an official who has the authority to grant college-level credit for training and/or experience in the speciality at an accredited college or univeristy, which has a program for granting such credit based on an individual's training and/or work experience."
The above person is called a professor.
USCIS wants to know from a professor whether the job profile really needs the degree's you have i.e. is that a good match?
I'm an analyst myself and was asked if MBA is relevant to what the job is. Any educated person can answer that question but USCIS wanted a letter from some professor. If you attorney can not do it then approach your old professors and tell them that you need a letter stating that the job profile you have requires the degree which you also have.. Makes sense??? More like a recommendation letter without actually stating your name.
Hi NoUserName,
here more details:
Bachelors in Civil
Masters in Civil
And having 3+ years experience as computer systems analyst
My lawyer is saying just educational evaluation is fine but after I read the query they are looking for more.
I really confused how to answer this query, if you have any ideal please help me
The above person is called a professor.
USCIS wants to know from a professor whether the job profile really needs the degree's you have i.e. is that a good match?
I'm an analyst myself and was asked if MBA is relevant to what the job is. Any educated person can answer that question but USCIS wanted a letter from some professor. If you attorney can not do it then approach your old professors and tell them that you need a letter stating that the job profile you have requires the degree which you also have.. Makes sense??? More like a recommendation letter without actually stating your name.
Hi NoUserName,
here more details:
Bachelors in Civil
Masters in Civil
And having 3+ years experience as computer systems analyst
My lawyer is saying just educational evaluation is fine but after I read the query they are looking for more.
I really confused how to answer this query, if you have any ideal please help me
more...
keepwalking
05-22 09:58 PM
Can you please prefix "Tracker:" to the thread's title.
Thank You.
Greetings,
In brief, I have applied for I-485 when I was single and now priority dates are current. I need to add my spouse. Do I need to apply for I-485 for myself again? Below are the timelines.
Thanks in advance.
In August 2006.
1. Employer A
2. I was Single.
3. Files I-140 and I-485 concurrently.
4. Schedule A expired.
5. Application moved to Eb3.
In June 2007
1.Employer B (Moved in June 2007 via H1b transfer).
Married in 2008.
April 2010.
1. Employer B.
2. New I-140 filed in EB2, approved.
3. Ported EB3 PD of Aug 2006.
May 2011.
1. PD will be current in June 2011.
2. I need apply I-485 for my spouse.
Do I need to re-apply for I-485 and G-235a for the principal applicant.
Thank You.
Greetings,
In brief, I have applied for I-485 when I was single and now priority dates are current. I need to add my spouse. Do I need to apply for I-485 for myself again? Below are the timelines.
Thanks in advance.
In August 2006.
1. Employer A
2. I was Single.
3. Files I-140 and I-485 concurrently.
4. Schedule A expired.
5. Application moved to Eb3.
In June 2007
1.Employer B (Moved in June 2007 via H1b transfer).
Married in 2008.
April 2010.
1. Employer B.
2. New I-140 filed in EB2, approved.
3. Ported EB3 PD of Aug 2006.
May 2011.
1. PD will be current in June 2011.
2. I need apply I-485 for my spouse.
Do I need to re-apply for I-485 and G-235a for the principal applicant.
2010 Journey to the Center of the
cjagtap
07-17 07:14 PM
donation is a good idea..
more...
casinoroyale
09-05 10:11 PM
Yeah, call customer service and ask them to send new copies with correct picture.
Now the funny part is, who is going to get your picture on their AP. :D
Now the funny part is, who is going to get your picture on their AP. :D
hair The Monkey Goes West is an
fcres
08-10 05:24 PM
There is an Indian guy who applied on June 1st and got approved.
http://immigrationvoice.org/forum/showpost.php?p=143709&postcount=2169
http://immigrationvoice.org/forum/showpost.php?p=144063&postcount=2195
But the OP's approval doesn't make sense
http://immigrationvoice.org/forum/showpost.php?p=143709&postcount=2169
http://immigrationvoice.org/forum/showpost.php?p=144063&postcount=2195
But the OP's approval doesn't make sense
more...
cbpds
07-02 08:53 PM
Please read this thread
http://immigrationvoice.org/forum/non-immigrant-visa/54944-h1b-denied.html
http://immigrationvoice.org/forum/non-immigrant-visa/54944-h1b-denied.html
hot on Journey to the West,
gc_bulgaria
11-25 02:07 PM
You do not need any permission from your employer. As long as you put in 40 hours per week, i dont think anyone cares for what you do with the rest of your time (as long as you dont hold another job).
And as far as going to school full time is concerned, i use the same logic. I was full time in Fall 2006 while being on H1b (and my GC was being processed). i am currently enrolled part time but will be enrolling full time next spring. I am currently working with the same employer. Dont think it will be an issue and dont plan on taking any permissions.
I am doing the same - full time H1B, part time school. Can use EAD for assistantship and full time school next year (if GC does not come through). If GC is approved(hopefully) since NC is already cleared and PD is current, I will continue about 6 months more full time with employer and do part time school.
And as far as going to school full time is concerned, i use the same logic. I was full time in Fall 2006 while being on H1b (and my GC was being processed). i am currently enrolled part time but will be enrolling full time next spring. I am currently working with the same employer. Dont think it will be an issue and dont plan on taking any permissions.
I am doing the same - full time H1B, part time school. Can use EAD for assistantship and full time school next year (if GC does not come through). If GC is approved(hopefully) since NC is already cleared and PD is current, I will continue about 6 months more full time with employer and do part time school.
more...
house 1996 is up!
tiinap
02-01 06:33 PM
I've been trying to research this out of my own curiosity. All candidates speak in rather vague terms at this point in the campaing, but based on the candidates' own websites and media, here's what I've found:
Let's start with Obama:
(quotes from his campaign website):
"Obama believes we must fix the dysfunctional immigration bureaucracy and increase the number of legal immigrants to keep families together and meet the demand for jobs that employers cannot fill. (:))
Obama supports a system that allows undocumented immigrants who are in good standing to pay a fine, learn English, and go to the back of the line for the opportunity to become citizens. (presumably, that would include us, if we're lucky, can maybe even get in line before the illegals)
o Fix the Bureaucracy: Obama joined Rep. Luis Gutierrez (D-IL) to introduce the Citizenship Promotion Act to ensure that immigration application fees are both reasonable and fair. Obama also introduced legislation that passed the Senate to improve the speed and accuracy of FBI background checks. (:))
"Respect Families: Obama introduced amendments to put greater emphasis on keeping immigrant families together." (Does this include keeping temporary worker families together? :confused:
"In the most recent immigration debate on the U.S. Senate floor, Obama fought to improve and pass a comprehensive bill. Obama introduced amendments to put greater emphasis on keeping immigrant families together and to revisit a controversial new points system that never received a proper public hearing. Obama will continue to work for a comprehensive bill that fixes our broken immigration system." ( :))
BUT... Here is what Obama said on the Senate floor in June 2007 when the subject of points-based immigration system came up:
"�For decades, American citizens and legal permanent residents have been able to sponsor their family members for entry into our country. For decades, American businesses have been able to sponsor valued employees. The bill before us changes a policy that, while imperfect, has worked well and will replace it with a new, untested, unexamined system to provide visas to immigrants who look good on paper, but who may not have any familial or economic ties to our country.�
"..they support the amendment because the new points system shifts us too far away from the value we place on family ties and moves us toward a class-based immigration system.."
�Our current immigration system delivers the lion�s share of green cards � about 63% -- to family members of Americans and legal permanent residents, while roughly 16% of visas are allocated to employment-based categories. The bill before us would reduce visas allocated to the family system in order to dramatically increase the proportion of visas distributed based on economic �points.� Once implemented, these new economic points visas would then account for about 40% of all visas, while family visas would account for less than half of all visas, with the remainder going for humanitarian purposes.�
First of all, believes the current system has worked "well"! :D
Wants to see a continuation of the system where family-based immigration is given priority :mad:
Seems to be glad that only 16% of GC go to EB :mad:
Laments the fact that 40% may go to educated immigrants under the points system. :mad: More educated immigrants, oh the horror!
Votes: Voted in favor of amendment to cut proposed guestworker program in half in 2007 :mad:
He's making some vague but good promises about fixing the system, and seems to be aware key issues like FBI namechecks. But the track record of what he has done in the Senate is pretty horrible. The points system would have given a huge advantage to anyone working in the US currently and Obama played a big role in taking that off the agenda.
Let's start with Obama:
(quotes from his campaign website):
"Obama believes we must fix the dysfunctional immigration bureaucracy and increase the number of legal immigrants to keep families together and meet the demand for jobs that employers cannot fill. (:))
Obama supports a system that allows undocumented immigrants who are in good standing to pay a fine, learn English, and go to the back of the line for the opportunity to become citizens. (presumably, that would include us, if we're lucky, can maybe even get in line before the illegals)
o Fix the Bureaucracy: Obama joined Rep. Luis Gutierrez (D-IL) to introduce the Citizenship Promotion Act to ensure that immigration application fees are both reasonable and fair. Obama also introduced legislation that passed the Senate to improve the speed and accuracy of FBI background checks. (:))
"Respect Families: Obama introduced amendments to put greater emphasis on keeping immigrant families together." (Does this include keeping temporary worker families together? :confused:
"In the most recent immigration debate on the U.S. Senate floor, Obama fought to improve and pass a comprehensive bill. Obama introduced amendments to put greater emphasis on keeping immigrant families together and to revisit a controversial new points system that never received a proper public hearing. Obama will continue to work for a comprehensive bill that fixes our broken immigration system." ( :))
BUT... Here is what Obama said on the Senate floor in June 2007 when the subject of points-based immigration system came up:
"�For decades, American citizens and legal permanent residents have been able to sponsor their family members for entry into our country. For decades, American businesses have been able to sponsor valued employees. The bill before us changes a policy that, while imperfect, has worked well and will replace it with a new, untested, unexamined system to provide visas to immigrants who look good on paper, but who may not have any familial or economic ties to our country.�
"..they support the amendment because the new points system shifts us too far away from the value we place on family ties and moves us toward a class-based immigration system.."
�Our current immigration system delivers the lion�s share of green cards � about 63% -- to family members of Americans and legal permanent residents, while roughly 16% of visas are allocated to employment-based categories. The bill before us would reduce visas allocated to the family system in order to dramatically increase the proportion of visas distributed based on economic �points.� Once implemented, these new economic points visas would then account for about 40% of all visas, while family visas would account for less than half of all visas, with the remainder going for humanitarian purposes.�
First of all, believes the current system has worked "well"! :D
Wants to see a continuation of the system where family-based immigration is given priority :mad:
Seems to be glad that only 16% of GC go to EB :mad:
Laments the fact that 40% may go to educated immigrants under the points system. :mad: More educated immigrants, oh the horror!
Votes: Voted in favor of amendment to cut proposed guestworker program in half in 2007 :mad:
He's making some vague but good promises about fixing the system, and seems to be aware key issues like FBI namechecks. But the track record of what he has done in the Senate is pretty horrible. The points system would have given a huge advantage to anyone working in the US currently and Obama played a big role in taking that off the agenda.
tattoo by Clarkson Potter, 1996
shivarajan
04-04 03:06 PM
Did a hasty click... thought the poll was for pd date (and missed the invoice part of it). Suspecting others also might have done the same.
more...
pictures Monkey - Journey to the West
milind70
10-31 08:45 AM
Should address on Drivers license and Address that we provide for USCIS should it match ?
I am a consultant hence i have given a friends address who own a home so that i dont need to change it often. Now i live in a different state (ofcourse temporarily) and since its USCIS i gave this address for any correspondence to USCIS. Now in future if i apply for any new forms many people have mentioned sending Drivers License but if i sent it it has a different address on it. is copy of drivers license mandatory? how does it work ?
If it is in the same state I think you are fine, I went for FP rececntly and I had a DL which had my three year old address( though i did change online on DMV website and they send me a paper card satting my new adress) as for a new card they charged some money so i never changed it.It is 3 years since i have moved to my current address. I was not even asked anything at FP.
I am a consultant hence i have given a friends address who own a home so that i dont need to change it often. Now i live in a different state (ofcourse temporarily) and since its USCIS i gave this address for any correspondence to USCIS. Now in future if i apply for any new forms many people have mentioned sending Drivers License but if i sent it it has a different address on it. is copy of drivers license mandatory? how does it work ?
If it is in the same state I think you are fine, I went for FP rececntly and I had a DL which had my three year old address( though i did change online on DMV website and they send me a paper card satting my new adress) as for a new card they charged some money so i never changed it.It is 3 years since i have moved to my current address. I was not even asked anything at FP.
dresses a fascinating journey that
bliss_yyu
07-20 08:16 AM
no, i think you are exempt from cap. lucky u!
more...
makeup of Journey to the West
kondur_007
03-25 08:31 PM
Got some answers for you (they are in red below).
good luck.
My case details below:
EB3 INDIA
PD of Jul 2004.
I am still working for same GC sponsoring employer since last 5 years. I still perform the same job title/job duties as mentioned in labor.
My employer had mentioned a salary of 87,000$ in my labor.
My 485 was filed way back in Sep 2004.
My 140 was approved way back in Nov 2004.
I have had 2 FPs done and 1 RFE replied to about 2 years ago. RFE was for EVL & TB Skin test.
2004 W2 � shows 74,000$/yr (Less than the salary mentioned in approved labor which is 87,000$)
2005 W2 � shows 57,000$/yr
2006 W2 � shows 50,000$/yr
2007 W2 � shows 58,000$/yr
2008 W2 � shows 67,000$/yr
Never changed employers nor job titles.
My concerns and questions below:
Q1) Will my 485 approval be affected due to the W2�s as mentioned above showing less way less salary than mentioned in the labor. I still work for same employer with same job duties/title as mentioned in labor.
This may generate an RFE. There is a question on I 140 that asks "is the beneficiary currently employed at the proposed job?" and if that was marked "yes" in original I 140 petetion, USCIS can raise the question about the salary.
Q2) Am I safe because GC is intended for future job offer? If there is any issue with me getting less salary all these years than my labor petition then can my employer say the 87,000$/yr salary is after 485 approval? Will this suffice? Or am I in jeopardy here?
Depends on what I answered for Q1: if that question was asnwered "yes", USCIS can ask the employer abou the explanation.
Q3) With my EB3-India Jul 2004 PD how much more long do you think I need to wait to see a 485 approval? My FBI name checks are cleared.
Sorry boss....Can't answer this! God only knows. Or may be even God does not know!!
Q4) With June 2004 PD/EB3 India do you advise me at this stage after 5 years to switch to CP?
I do not see advantage of doint it. Also you will loose benefits of EAD and AP (in case you change employer or run out of H visa). I personally would not recommend it but there can be a difference of opinion.
Q5) Would you advise me to start a brand new EB2 India labor and 140 considering my retrogressed eb3 India category and dates?
That may not be a bad idea. Especially if you can do with a different employer, there is no disadvantage of doing it and it may eventually bring your GC earlier. EB3 India (at current pace) is going no where till all EB2 are current and EB3 row is current and overflows.
Q6) I have been on bench for about 3 times (periods of 2 to 3 months) in the last several years witout pay. But I have always had EAD but never used EAD as I had H1B from same GC sponsoring employer. But I always got paid every year more than the prevailing LCA wage for my geographical location? Will this affect my GC?
This is the most complicated question. as such, you were out of status (if you are on H1 and on bench) during the bench period. If you ware on EAD (not on H1), you were absolutely fine. Also it will depend on whether it was after the filing of 485 or before. total duration of out of status (less or more than 180 days for 245(k) protection) etc. On this issue, I would highly recommend to ask a competent lawyer and straighten it up.
Thanks.
good luck.
My case details below:
EB3 INDIA
PD of Jul 2004.
I am still working for same GC sponsoring employer since last 5 years. I still perform the same job title/job duties as mentioned in labor.
My employer had mentioned a salary of 87,000$ in my labor.
My 485 was filed way back in Sep 2004.
My 140 was approved way back in Nov 2004.
I have had 2 FPs done and 1 RFE replied to about 2 years ago. RFE was for EVL & TB Skin test.
2004 W2 � shows 74,000$/yr (Less than the salary mentioned in approved labor which is 87,000$)
2005 W2 � shows 57,000$/yr
2006 W2 � shows 50,000$/yr
2007 W2 � shows 58,000$/yr
2008 W2 � shows 67,000$/yr
Never changed employers nor job titles.
My concerns and questions below:
Q1) Will my 485 approval be affected due to the W2�s as mentioned above showing less way less salary than mentioned in the labor. I still work for same employer with same job duties/title as mentioned in labor.
This may generate an RFE. There is a question on I 140 that asks "is the beneficiary currently employed at the proposed job?" and if that was marked "yes" in original I 140 petetion, USCIS can raise the question about the salary.
Q2) Am I safe because GC is intended for future job offer? If there is any issue with me getting less salary all these years than my labor petition then can my employer say the 87,000$/yr salary is after 485 approval? Will this suffice? Or am I in jeopardy here?
Depends on what I answered for Q1: if that question was asnwered "yes", USCIS can ask the employer abou the explanation.
Q3) With my EB3-India Jul 2004 PD how much more long do you think I need to wait to see a 485 approval? My FBI name checks are cleared.
Sorry boss....Can't answer this! God only knows. Or may be even God does not know!!
Q4) With June 2004 PD/EB3 India do you advise me at this stage after 5 years to switch to CP?
I do not see advantage of doint it. Also you will loose benefits of EAD and AP (in case you change employer or run out of H visa). I personally would not recommend it but there can be a difference of opinion.
Q5) Would you advise me to start a brand new EB2 India labor and 140 considering my retrogressed eb3 India category and dates?
That may not be a bad idea. Especially if you can do with a different employer, there is no disadvantage of doing it and it may eventually bring your GC earlier. EB3 India (at current pace) is going no where till all EB2 are current and EB3 row is current and overflows.
Q6) I have been on bench for about 3 times (periods of 2 to 3 months) in the last several years witout pay. But I have always had EAD but never used EAD as I had H1B from same GC sponsoring employer. But I always got paid every year more than the prevailing LCA wage for my geographical location? Will this affect my GC?
This is the most complicated question. as such, you were out of status (if you are on H1 and on bench) during the bench period. If you ware on EAD (not on H1), you were absolutely fine. Also it will depend on whether it was after the filing of 485 or before. total duration of out of status (less or more than 180 days for 245(k) protection) etc. On this issue, I would highly recommend to ask a competent lawyer and straighten it up.
Thanks.
girlfriend boutique at 327 West 11th
smads
03-07 10:42 AM
sorry guyz have still been trying to find out what needs to be done....
sendmailtojk,
i was on a vacation and boarded from australia....it was a unique situation....when i left my PP was valid for 7 months when i came back it was valid for 5 months....
watzgc,
I renewed my PP on time but never did anything about my I-94.
I did a lot of research and have some updates for everyone.
1) My lawyer says we file for a petition that typically asks for forgiveness so that i dont get a 3 yr bar. dont know what that petition is called but it translates as "now for then". [can only be prepared by a lawyer and would cost me $1000]
2)I spoke to an immigration officer and he said it is a very common mistake and most of the times they just question the person and let them go. he said not to worry abt the 3 yr bar. he also said that the 3 yr and 10yr bar is more for the tourist visas where people actually think they have a 10yr visa so they can stay here for 10 yrs.
And yes like watzgc he also said file for extention I-539 i think.[costs only $300, anyone can fill it out and send it to USCIS]
now lets see if my lawyer will go with what she thinks is right or will she go with what the immigration officer thinks needs to be done.
I also think that these lawyers try to scare us and get all fancy things done so that they can charge as much as they feel like.
thanks for being so prompt and sorry for not replying sooner,
smads
sendmailtojk,
i was on a vacation and boarded from australia....it was a unique situation....when i left my PP was valid for 7 months when i came back it was valid for 5 months....
watzgc,
I renewed my PP on time but never did anything about my I-94.
I did a lot of research and have some updates for everyone.
1) My lawyer says we file for a petition that typically asks for forgiveness so that i dont get a 3 yr bar. dont know what that petition is called but it translates as "now for then". [can only be prepared by a lawyer and would cost me $1000]
2)I spoke to an immigration officer and he said it is a very common mistake and most of the times they just question the person and let them go. he said not to worry abt the 3 yr bar. he also said that the 3 yr and 10yr bar is more for the tourist visas where people actually think they have a 10yr visa so they can stay here for 10 yrs.
And yes like watzgc he also said file for extention I-539 i think.[costs only $300, anyone can fill it out and send it to USCIS]
now lets see if my lawyer will go with what she thinks is right or will she go with what the immigration officer thinks needs to be done.
I also think that these lawyers try to scare us and get all fancy things done so that they can charge as much as they feel like.
thanks for being so prompt and sorry for not replying sooner,
smads
hairstyles Journey in concert at the
lostinbeta
10-28 10:27 PM
HAHA, yeah, because they don't see your previous versions (unless you save your previous versions and keep them as examples)
kirupa
01-22 04:57 AM
Oh, of course! What do you want said near your entry?
I already added a brief caption to one of glos's entries becase users won't see anything unless they click and drag for example.
:sonic:
I already added a brief caption to one of glos's entries becase users won't see anything unless they click and drag for example.
:sonic:
go_guy123
01-26 04:30 PM
If this bill was introduced, we need to meet with lawmaker offices and put pressure on them. Our responsibility is to do our part and leave the outcome to prayers, But not even trying should not be an option. What are we going to loose?
Yes EB situation is so bad that there is nothing to lose
Yes EB situation is so bad that there is nothing to lose
