GC_Wait2002
05-14 11:11 AM
Hi Folks,
Here is my situation.
My current working company - EB2- August 2002 - 140 is under processing....
(receipt date for 140 is October 2007)
(thanks to labor backlog center :mad: got stuck in backlog center for 5 years)
With my friend's company - EB3 - April 2004 - 140 is under processing....
(receipt date for 140 is July 2007) 485, EAD, AP filed and got them also.
What all the options I have now? Which one will be better assuming both 140 gets approved.
Thanks
Here is my situation.
My current working company - EB2- August 2002 - 140 is under processing....
(receipt date for 140 is October 2007)
(thanks to labor backlog center :mad: got stuck in backlog center for 5 years)
With my friend's company - EB3 - April 2004 - 140 is under processing....
(receipt date for 140 is July 2007) 485, EAD, AP filed and got them also.
What all the options I have now? Which one will be better assuming both 140 gets approved.
Thanks
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Legal
07-20 01:08 PM
However if you can get visitor visa and after entering america, if you apply for a I-485, most probably USCIS will approve your case. Therefore, In my opinion the challenge is getting B1/B2 visa when her husband is waiting for a adjustment of status.
No, it is not a question of whether she can get a visitor visa or not. I think the question is whether she CAN RISK applying for a visitor visa? The answer is NO. Filing for her to join or H1 seem to be the only options.
No, it is not a question of whether she can get a visitor visa or not. I think the question is whether she CAN RISK applying for a visitor visa? The answer is NO. Filing for her to join or H1 seem to be the only options.
java06
01-30 09:59 AM
sent the letters to IV and Mr. President.
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lazycis
11-30 01:30 PM
Congress never thought that I-485 processing would take more than 1 year (I-485 pending for 180 days is called "long-delayed" in 8 USC 1154(j), see also 8 USC 1571). If the USCIS was able to process all I-485 in one year time frame, there would be no retrogression!
more...
sanz
05-11 12:28 PM
agree with black tongue... at least we are much better than their scenario
desighee
01-04 10:10 AM
yes don't wish for two wives.
One wife itself is sufficient to cause life long agony and u r wishing for too!
Indeed a brave fellow and should be given a GC on national interest waiver
One wife itself is sufficient to cause life long agony and u r wishing for too!
Indeed a brave fellow and should be given a GC on national interest waiver
more...
thakurrajiv
07-02 03:10 PM
My company paid for attorney fees. I dont know the amount for that.
My pocket expense
$380 - medical tests
$60 - photographs
$50 - mailing fees.
Obviously, no money can account for the mental torture I and my family have been going through once we learned about visa bulletion revision rumors.
My pocket expense
$380 - medical tests
$60 - photographs
$50 - mailing fees.
Obviously, no money can account for the mental torture I and my family have been going through once we learned about visa bulletion revision rumors.
2010 love yourself quotes and
whitecollarslave
02-12 05:10 PM
Hi all,
Mine is a different situation, i was with my employer till mid of last year and did not inform him while leaving his company and joined another job (h1 transfer) he is now saying that the vendor did not pay him some money and i have to pay that amount and he is demanding that amount for my W-2.
He also said that he would take legal action if i didnot pay his losses ( i did not sign any document with him other than my h1b papers) no agreements,
I am going to call IRS after feb15, but is he going to go to court?
Please suggest me.
Thanks
You are not responsible for his losses unless your job duties were to collect payments from the vendor.
Did you not give him any notice at all? When did he find out that you were no longer working for him?
Mine is a different situation, i was with my employer till mid of last year and did not inform him while leaving his company and joined another job (h1 transfer) he is now saying that the vendor did not pay him some money and i have to pay that amount and he is demanding that amount for my W-2.
He also said that he would take legal action if i didnot pay his losses ( i did not sign any document with him other than my h1b papers) no agreements,
I am going to call IRS after feb15, but is he going to go to court?
Please suggest me.
Thanks
You are not responsible for his losses unless your job duties were to collect payments from the vendor.
Did you not give him any notice at all? When did he find out that you were no longer working for him?
more...
shana04
02-16 01:32 PM
Hi,
I am talking to different lawyers for using AC21 - new position title and functions are almost similar with similar salaries in the same region, old employer might revoke the approved I140 but 180 days are over and I140 is approved - couple lawyers mentioned that the case is straight forward but still mentioned that they are not going to take the case because they decided not to do AC21 in many cases. Reason they mentioned is that underlying I485 is not filed by them and if its rejected for any reason there is a chance of mal-practise suit against them. The fact that they didnt do anything after taking the case might work against them. Their current insurance against mal-practise is not enough to cover these types of instances. I found the argument a bit weird but wondering if anyone else heard same - I heard this from 2 of the 3 lawyers I called locally.
- kishdam
kishdam,
Logically thinking, first thing 485 is your petition.
you are giving them the right to act on your behalf.
There is nothing that an employer has provided except the offer letter.
Now you are using new employers offer letter, how in the world would an old employer sue this attorney. This is your petition and not employers petition.
Scenario:
What if you use G28 representing your self and send a AC21 letter.
Latter (God forbidden this does not happen to any one) but you get RFE, then you choose attorney. You explain that you are represting your self and now need attorneys help. Now who is going to sue this attorney.
This is all B*** S**t to make money or to fear people. I know people who have used G28 representing them selves and got GC. my self I am using a attorney, coz he did not charge more and he said in case you are not satisfied you can always use different lawyer. And all that he has charged is $500.00 and if he is not up to the mark then I would find a differnet attorney. $500 is not a huge sum.
So, good luck and find a better attorney.
I am talking to different lawyers for using AC21 - new position title and functions are almost similar with similar salaries in the same region, old employer might revoke the approved I140 but 180 days are over and I140 is approved - couple lawyers mentioned that the case is straight forward but still mentioned that they are not going to take the case because they decided not to do AC21 in many cases. Reason they mentioned is that underlying I485 is not filed by them and if its rejected for any reason there is a chance of mal-practise suit against them. The fact that they didnt do anything after taking the case might work against them. Their current insurance against mal-practise is not enough to cover these types of instances. I found the argument a bit weird but wondering if anyone else heard same - I heard this from 2 of the 3 lawyers I called locally.
- kishdam
kishdam,
Logically thinking, first thing 485 is your petition.
you are giving them the right to act on your behalf.
There is nothing that an employer has provided except the offer letter.
Now you are using new employers offer letter, how in the world would an old employer sue this attorney. This is your petition and not employers petition.
Scenario:
What if you use G28 representing your self and send a AC21 letter.
Latter (God forbidden this does not happen to any one) but you get RFE, then you choose attorney. You explain that you are represting your self and now need attorneys help. Now who is going to sue this attorney.
This is all B*** S**t to make money or to fear people. I know people who have used G28 representing them selves and got GC. my self I am using a attorney, coz he did not charge more and he said in case you are not satisfied you can always use different lawyer. And all that he has charged is $500.00 and if he is not up to the mark then I would find a differnet attorney. $500 is not a huge sum.
So, good luck and find a better attorney.
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new_horizon
11-04 01:13 PM
He's a full blown liberal both fiscally and socially.
President Obama is not just far left.
He is far too liberal(left) fiscally and far too conservative(right) socially.
What does that say ? No relief for us from him, we should look forward for someone else to help us.
President Obama is not just far left.
He is far too liberal(left) fiscally and far too conservative(right) socially.
What does that say ? No relief for us from him, we should look forward for someone else to help us.
more...
ksircar
03-23 02:28 PM
I have set up a meeting with the staff at Congresswoman Kathy Castor's office in Tampa on March 27th at 2.00 PM.
Anybody interested in joining please PM me.
Anybody interested in joining please PM me.
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svr_76
03-11 07:07 PM
My friend - the list provided the consulate is a list that is now being asked after thoughtful deliberations. Consulates do not fall easy prey to petty politics of local (US) congressmen or Senators.
They have not mentioned that if you dont have any-one of these documents you cannot apply for an interview. If the petitioner is good enough employer there is not harm in going w/o one-2 docs missing and a explanation letter of why its not there.
If the employer has tax filing for previous years, employee list and wage report to proove that employer has paid IN FULL and IN TIME to all employees irrespective of whether they were on bench or on assignment then there is nothing to fear......
If you have been in similar situation (not being paid on bench...or employer is exploiting you) its your personal problem. Dont say that there is no mis-use and govt should not plug the hole if it has not done it in the past.
They have not mentioned that if you dont have any-one of these documents you cannot apply for an interview. If the petitioner is good enough employer there is not harm in going w/o one-2 docs missing and a explanation letter of why its not there.
If the employer has tax filing for previous years, employee list and wage report to proove that employer has paid IN FULL and IN TIME to all employees irrespective of whether they were on bench or on assignment then there is nothing to fear......
If you have been in similar situation (not being paid on bench...or employer is exploiting you) its your personal problem. Dont say that there is no mis-use and govt should not plug the hole if it has not done it in the past.
more...
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485Mbe4001
05-15 05:52 PM
officially eb2 or 3 application is based on the qualifications required for the job and not on your education status, there are hundreds with masters who are on eb3
Diid yu get an Answer for this my company might be applying in eb3 may be though i have masters degree in comp scince in USA , will this be of any help to folks like us.
Diid yu get an Answer for this my company might be applying in eb3 may be though i have masters degree in comp scince in USA , will this be of any help to folks like us.
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whiteStallion
12-02 05:50 PM
I'm certain you cannot do that. While applying for H1B Visa, you can use experience in lieu of education, but while Perm/I140, they consider only 1 degree. Either its Masters or its Bachelors...even both of them are not considered as aggregates.
If your attorney is planning that way, he may not have handled such cases before... :eek:
You cannot substitute degree with experience while applying for Perm/I140.
... My attorney is planning to use 2 years of my experience to compensate for the additional 1 year of bachelors degree...
If your attorney is planning that way, he may not have handled such cases before... :eek:
You cannot substitute degree with experience while applying for Perm/I140.
... My attorney is planning to use 2 years of my experience to compensate for the additional 1 year of bachelors degree...
more...
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mbawa2574
07-06 06:27 PM
Bummer !!!!!
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skd
07-09 12:17 PM
CNN had a 30 second clip on it on "American Morning" on July 3rd.
any video clip on that
any video clip on that
more...
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minimalist
10-28 07:01 PM
Hi All,
Sorry to bring this thread back.
See, what IV few members have written. I found them again in user control panel along with RED dots. I stopped caring about RED dots.
But, there are some comments that really hurts.
These are the comments few IV members wrote about my posting while giving a RED dot. Though I stopped caring about RED/Green's
One must behave like a civilized person. We came here with atleast Bachelors Degree. Some of them with Master Degree / PhD's. Majority of us are educated and know how to behave with people.
Do you know , how it hurts some one?. Are they doing in Green Card frustration? or Are they doing it wanted?.
Guys, all those who responded previously to this thread and and backed up fellow IV members, what do you say now?.
Good Bye for ever guys?.
don't support such kind of behaviour.But the problem is there is nothing anyone can do about it. Hope you understand the limitations of the admins.
Sorry to bring this thread back.
See, what IV few members have written. I found them again in user control panel along with RED dots. I stopped caring about RED dots.
But, there are some comments that really hurts.
These are the comments few IV members wrote about my posting while giving a RED dot. Though I stopped caring about RED/Green's
One must behave like a civilized person. We came here with atleast Bachelors Degree. Some of them with Master Degree / PhD's. Majority of us are educated and know how to behave with people.
Do you know , how it hurts some one?. Are they doing in Green Card frustration? or Are they doing it wanted?.
Guys, all those who responded previously to this thread and and backed up fellow IV members, what do you say now?.
Good Bye for ever guys?.
don't support such kind of behaviour.But the problem is there is nothing anyone can do about it. Hope you understand the limitations of the admins.
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masterji
08-09 05:43 PM
Thank you prabasiodia.
So, the people who filed 485 let's say during July 2007, MAY change jobs when they start receiving GCs during 2010? Is this correct?
I think these memos might have been dissected a thousand times, but here they are:
Continuing validity of I-140: http://www.uscis.gov/files/pressrelease/I140_AC21_8403.pdf
AC21 guidelines: http://www.uscis.gov/files/pressrelease/AC21intrm051205.pdf
It's clear that the stress is on "intent". If at the filing of I-485, both the employer and the employee had the intent, it's fine. The only restriction is, one may not be looking for "same or similar" job at the time of I-485 adjudication. Why this restriction is even there is beyond me. It doesn't clearly state how much time after the adjudication, you should not be looking.
Of course, the lawyers seem to be on the cautious side. Read the last sentence under intent in the following site (AC21: Changing employer while waiting for pending adjustment of status (http://www..com/greencard/adjustmentofstatus/changing-employer.html) ). It says that ...theoretically, USCIS might be able to revisit the adjudication of I-485 and initiate revocation processing.
This inference is without any attribution.
Then again, I couldn't find a single case where the I-485 was revoked because of suspected fraud in "Intent". We do need clarification from USCIS on this.
So, the people who filed 485 let's say during July 2007, MAY change jobs when they start receiving GCs during 2010? Is this correct?
I think these memos might have been dissected a thousand times, but here they are:
Continuing validity of I-140: http://www.uscis.gov/files/pressrelease/I140_AC21_8403.pdf
AC21 guidelines: http://www.uscis.gov/files/pressrelease/AC21intrm051205.pdf
It's clear that the stress is on "intent". If at the filing of I-485, both the employer and the employee had the intent, it's fine. The only restriction is, one may not be looking for "same or similar" job at the time of I-485 adjudication. Why this restriction is even there is beyond me. It doesn't clearly state how much time after the adjudication, you should not be looking.
Of course, the lawyers seem to be on the cautious side. Read the last sentence under intent in the following site (AC21: Changing employer while waiting for pending adjustment of status (http://www..com/greencard/adjustmentofstatus/changing-employer.html) ). It says that ...theoretically, USCIS might be able to revisit the adjudication of I-485 and initiate revocation processing.
This inference is without any attribution.
Then again, I couldn't find a single case where the I-485 was revoked because of suspected fraud in "Intent". We do need clarification from USCIS on this.
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whoever
12-12 01:43 PM
I am of the opinion that EB3 India will be stuck at May 8 for a long time. The trend to follow will be that of Mexico's. By the way, only my opinion. I hope I am really really wrong. And god have mercy on us.
sbabunle
03-17 01:36 PM
Hello Everybody
This is my first post. I worked my ass off to get a favorable
solution for retrogression during the budget bill. But as everyone knows it was defeated in the house reconcilation. I'm not being pessimistic but my gut feeling is that eventhough senate comes with something, the chances are slim that the house would agree to it. Sensenbrenners bill which house passed has no provisions for EB immigrants and backlogs. I'm pretty sure all of you are aware of Mr. Tancredo's fury against immigrants too.
Having said that I dont mean we have no way out. We have to work very very hard. We have to raise money and do some hard lobbying. But above all we have to get our employers to back this issue. With all of the above reasons I think it might be a very bad idea to guess we would have any favorable legislation in a shorter span of time. So we have to plan something for a longer period of time and execute it very diligantly, I guess.
I think Immigrationvoice is on the right path... Lets face it people!!!
thanks
babu.
This is my first post. I worked my ass off to get a favorable
solution for retrogression during the budget bill. But as everyone knows it was defeated in the house reconcilation. I'm not being pessimistic but my gut feeling is that eventhough senate comes with something, the chances are slim that the house would agree to it. Sensenbrenners bill which house passed has no provisions for EB immigrants and backlogs. I'm pretty sure all of you are aware of Mr. Tancredo's fury against immigrants too.
Having said that I dont mean we have no way out. We have to work very very hard. We have to raise money and do some hard lobbying. But above all we have to get our employers to back this issue. With all of the above reasons I think it might be a very bad idea to guess we would have any favorable legislation in a shorter span of time. So we have to plan something for a longer period of time and execute it very diligantly, I guess.
I think Immigrationvoice is on the right path... Lets face it people!!!
thanks
babu.
lostinbeta
02-10 02:50 PM
Some people prefer to be anonymous I suppose.
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