snathan
09-29 11:11 PM
Whats your legal status. If you are a USC, you can bring in Fiance visa.
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MYGC2008
07-19 09:17 AM
07/15/2010: Change of Address and Potential Impact on Last Minute Adjudication of EB-485 Applications Whose Visa Numbers Become Available
As people are aware, the USCIS has "preadjudicated" a large number of pending I-485 cases whose priority dates are close to the pace of the immigrant visa number availability in the Visa Bulletin and has been awaiting the visa number availability for the final decision. Generally, change of address to outside of the metropolitan area or different state is considered a red flag in the final adjudication process as the employment-based nonimmigrant status or intended place of employment is the "key" to the labor certification based immigration proceeding and labor certification remains valid only if the offered job in the place of employment continue to exist. From the perspective of the agency, one may move out of the intended place of employment either because of change of employment or loss of employment or other factors that contradicts to the inended place of employment for which a labor certification has been granted and the applicant is supposedly to work at the location once a green card is approved. Since the agency will not know why the address of residence has changed out of the intended place of employment metropolitan area or state, the last minute check can lead to issuance of RFE or in the worst cases, tranferring the file to a local district or field office for interview. Even if such move is justified in most of cases under AC 21, such RFE or transfer to local offices can cause delays in adjudication of the I-485 application. In some situation, while they deal with the RFE or local office interview scheduling, they can face the visa number retrogression. For this reason, those whose visa numbers are scheduled to become current in July and August 2010 may not want to move their place of residence out of the current metropolitan areas or the current states. Once they moved, they are required to report change of address in 10 days, knowingly failure of which can be considered a ground for deportation and denial of I-485 application. Accordingly, those who have already moved should file AR-11 within 10 days of move regardless of its impact on the final I-485 adjudication process. This reporter wants to remind the readers that place and "location" of employment is a key to the employment-based nonimmigrants and immigrants from the perspectives of U.S. immigration laws because the law is intended to protect U.S. labor market from unqualified or illegal immigrants and "wage" in each location constitutes a primary factor to determine the labor market and permit of a foreign worker to work in the market area at the prevailing wage or higher wage in the specific market area. Just a reminder.
As people are aware, the USCIS has "preadjudicated" a large number of pending I-485 cases whose priority dates are close to the pace of the immigrant visa number availability in the Visa Bulletin and has been awaiting the visa number availability for the final decision. Generally, change of address to outside of the metropolitan area or different state is considered a red flag in the final adjudication process as the employment-based nonimmigrant status or intended place of employment is the "key" to the labor certification based immigration proceeding and labor certification remains valid only if the offered job in the place of employment continue to exist. From the perspective of the agency, one may move out of the intended place of employment either because of change of employment or loss of employment or other factors that contradicts to the inended place of employment for which a labor certification has been granted and the applicant is supposedly to work at the location once a green card is approved. Since the agency will not know why the address of residence has changed out of the intended place of employment metropolitan area or state, the last minute check can lead to issuance of RFE or in the worst cases, tranferring the file to a local district or field office for interview. Even if such move is justified in most of cases under AC 21, such RFE or transfer to local offices can cause delays in adjudication of the I-485 application. In some situation, while they deal with the RFE or local office interview scheduling, they can face the visa number retrogression. For this reason, those whose visa numbers are scheduled to become current in July and August 2010 may not want to move their place of residence out of the current metropolitan areas or the current states. Once they moved, they are required to report change of address in 10 days, knowingly failure of which can be considered a ground for deportation and denial of I-485 application. Accordingly, those who have already moved should file AR-11 within 10 days of move regardless of its impact on the final I-485 adjudication process. This reporter wants to remind the readers that place and "location" of employment is a key to the employment-based nonimmigrants and immigrants from the perspectives of U.S. immigration laws because the law is intended to protect U.S. labor market from unqualified or illegal immigrants and "wage" in each location constitutes a primary factor to determine the labor market and permit of a foreign worker to work in the market area at the prevailing wage or higher wage in the specific market area. Just a reminder.
glus
03-19 11:55 AM
Gurus,
I am writing on behalf of a close friend who is too worried to write it for himself.
Case:
He is a July 2007 filer with PD of Nov 2003 and recently had his I485 rejected. Reason - I140 denied and no appeal. However, when he checks his I140 status, it says, its still pending. He had received an RFE on I140 in October 2007 about Employment status and he had submitted all the required evidence. He also is in the same company that filed his labor. The only change he ever made is moving to a new place in the same city. Does anyone have a similar experience? What needs to be done apart from consulting a good immigration attorney? Your advice will be much appreciated.
Well. Even if I140 was denied for no good reason, and your friend files an appeal and it eventually gets approved, his priority date must be current when he re-submits his I485. So, this way or another, he needs to get I140 approved. I140 appeals take a long time. Maybe, he can try to re-do I140? That would be much faster and probably less expensive.
I am writing on behalf of a close friend who is too worried to write it for himself.
Case:
He is a July 2007 filer with PD of Nov 2003 and recently had his I485 rejected. Reason - I140 denied and no appeal. However, when he checks his I140 status, it says, its still pending. He had received an RFE on I140 in October 2007 about Employment status and he had submitted all the required evidence. He also is in the same company that filed his labor. The only change he ever made is moving to a new place in the same city. Does anyone have a similar experience? What needs to be done apart from consulting a good immigration attorney? Your advice will be much appreciated.
Well. Even if I140 was denied for no good reason, and your friend files an appeal and it eventually gets approved, his priority date must be current when he re-submits his I485. So, this way or another, he needs to get I140 approved. I140 appeals take a long time. Maybe, he can try to re-do I140? That would be much faster and probably less expensive.
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TeddyKoochu
01-06 10:04 AM
There will be no movement for EB2I without spill over. It seems this year is the key as the spillover expected is much more than the previous years (based on the pending application numbers). 10K from last year's family based leftover numbers should also go to EB2 I and EB2 C.
Any guidance when the FB numbers will be utilized or will they also be utilized in the last quarter. These are sufficient to clean out the EB2 I & C 2005 backlog.
Any guidance when the FB numbers will be utilized or will they also be utilized in the last quarter. These are sufficient to clean out the EB2 I & C 2005 backlog.
more...
EB3Ind
07-25 09:57 AM
hi,
what i heard from my new employer is that it is not advisible to invoke Ac21 as long as you get RFE from where you have filed your 485 application or through attroney,
they told me that if you invoke AC21 it may delay your process. so what i feel is that it is better not to invoke AC21 as long as previous employer is in good terms with you....
what i heard from my new employer is that it is not advisible to invoke Ac21 as long as you get RFE from where you have filed your 485 application or through attroney,
they told me that if you invoke AC21 it may delay your process. so what i feel is that it is better not to invoke AC21 as long as previous employer is in good terms with you....
insbaby
08-06 02:36 PM
I know this is not a good question as there is no time frame for GC process?
But please share your experience;
How many years it could take to get GC if it is started with in Aug. 2008 for
-EB2 category
-EB3 category
I am trying to understand the time (years) difference between two process.
Thanks,
Sanjeev.
For EB3:
---------
You get married
************* Apply in PERM
First Kid
************* PERM approved, 140 Filed
Second Kid
First Kid goes to Pre-K
************* 140 approved, waiting for PD
Second Kid goes to Pre K
You buy a Home
Kids going to High School
************* PD is CURRENT, appy I485
Kids going to College
Kids graduated
Kids getting married
You get grandchildren
You retire from work
Enjoying after retirement at home with wife
*************Email from CIS, says "Welcome to the....." and "Card Production Orderd"
For EB2:
---------
.......
.......
Kids getting married
*************Email from CIS, says "Welcome to the....." and "Card Production Orderd"
You get grandchildren
You retire from work
Enjoying after retirement at home with wife
But please share your experience;
How many years it could take to get GC if it is started with in Aug. 2008 for
-EB2 category
-EB3 category
I am trying to understand the time (years) difference between two process.
Thanks,
Sanjeev.
For EB3:
---------
You get married
************* Apply in PERM
First Kid
************* PERM approved, 140 Filed
Second Kid
First Kid goes to Pre-K
************* 140 approved, waiting for PD
Second Kid goes to Pre K
You buy a Home
Kids going to High School
************* PD is CURRENT, appy I485
Kids going to College
Kids graduated
Kids getting married
You get grandchildren
You retire from work
Enjoying after retirement at home with wife
*************Email from CIS, says "Welcome to the....." and "Card Production Orderd"
For EB2:
---------
.......
.......
Kids getting married
*************Email from CIS, says "Welcome to the....." and "Card Production Orderd"
You get grandchildren
You retire from work
Enjoying after retirement at home with wife
more...
sam_austin77
12-18 11:34 PM
Team,
I need advise. Some should respond to my query. It is still unanswered after 190 views. I need to make some quick decisions. Naukri ka sawaal hai!!
Thanks
I need advise. Some should respond to my query. It is still unanswered after 190 views. I need to make some quick decisions. Naukri ka sawaal hai!!
Thanks
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Earned_GC
08-03 06:35 AM
This is an interesting question and I would like to see the answer on this.
What happens to these people who can not file AOS in the current time, and change there job based on I-140.
What happens to these people who can not file AOS in the current time, and change there job based on I-140.
more...
lrindy
09-19 11:48 AM
Ras, looking at the photo at the rally, I think you got the point. Not much attended and I don't see any other nationals there.
Not everyone could attend the rally! I for one, was not there for my own reasons. IV is for everyone; all nationalities. We should all be contributing in our own way. Mine was making sure congressmen, senators and Americans are aware that immigration isn't just about illegals. I've been calling, writing and maintaining contact with them for 5 years. Senator Lugars office "know me" now. Governor Daniels is one of the 12 that signed the last letter headed by the "terminator" Arnie!!! So, I may not have contributed by attending a rally or monetary donation, but our state leaders here in Indiana, are now more aware of the plight of EB immigrants; maybe, just maybe, with a little help from me...
If IV majority is made up of folks from certain countries, then does that not prove those are the countries with the majority of EB immigrants to the USA? I don't care where you come from, who you are; we are all here for the same exact reason. We are sick of being held to ransom by a broken immigration system. We are sick of whenever you say "immigration" the first thought that pops into peoples minds, US born that is, is illegals. I am sick of it and take the time to try and explain it.
Keep up the good work IV!!!!!!!!!
I have learnt a great deal from this site and will continue, in my own small way, to help the cause.
Cheers,
LRIndy. Crossroads of America!!!
Not everyone could attend the rally! I for one, was not there for my own reasons. IV is for everyone; all nationalities. We should all be contributing in our own way. Mine was making sure congressmen, senators and Americans are aware that immigration isn't just about illegals. I've been calling, writing and maintaining contact with them for 5 years. Senator Lugars office "know me" now. Governor Daniels is one of the 12 that signed the last letter headed by the "terminator" Arnie!!! So, I may not have contributed by attending a rally or monetary donation, but our state leaders here in Indiana, are now more aware of the plight of EB immigrants; maybe, just maybe, with a little help from me...
If IV majority is made up of folks from certain countries, then does that not prove those are the countries with the majority of EB immigrants to the USA? I don't care where you come from, who you are; we are all here for the same exact reason. We are sick of being held to ransom by a broken immigration system. We are sick of whenever you say "immigration" the first thought that pops into peoples minds, US born that is, is illegals. I am sick of it and take the time to try and explain it.
Keep up the good work IV!!!!!!!!!
I have learnt a great deal from this site and will continue, in my own small way, to help the cause.
Cheers,
LRIndy. Crossroads of America!!!
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pbojja
10-13 02:01 PM
http://ap.google.com/article/ALeqM5joRRCZn_Du7r-_F3AFHt3eicyQ1gD93IMS1O0
This is ridiculous , If you are having 11 -26 year old kid or wife , you should be outraged . Dont risk the life for GC , I know its just a vacination but why only for immigrants ?they want to test the vacination on immigrants ?
If you have a kid do a i-report to CNN , get the attention of media , write to 60 minutes.
This is ridiculous , If you are having 11 -26 year old kid or wife , you should be outraged . Dont risk the life for GC , I know its just a vacination but why only for immigrants ?they want to test the vacination on immigrants ?
If you have a kid do a i-report to CNN , get the attention of media , write to 60 minutes.
more...
immihelp1
09-29 06:36 AM
Singhsa & Smisachu,
Thank you for sharing your experiences.
Thank you for sharing your experiences.
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go_gc_way
06-20 03:06 PM
I think too that it may not become current.
But with new year Quota released in Oct (October?), how much it will move forward?
--> 2003 March ? or 2004 Jan?
When Retrogression introduced last year, for India the PD if I remember correctly was in 99 which now has moved to 2003 Jan, this I think because of addition of unused numbers?
Why would it not move an year by October this time , yes gravity of the situation .. please explain more clearly with numbers.
Thanks in advance for looking in to my request.
But with new year Quota released in Oct (October?), how much it will move forward?
--> 2003 March ? or 2004 Jan?
When Retrogression introduced last year, for India the PD if I remember correctly was in 99 which now has moved to 2003 Jan, this I think because of addition of unused numbers?
Why would it not move an year by October this time , yes gravity of the situation .. please explain more clearly with numbers.
Thanks in advance for looking in to my request.
more...
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imh1b
05-19 09:37 AM
Good to find Immigration Voice name in this article.
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Dhundhun
08-13 12:27 AM
Michael Phelps breaks all time Olympics World Gold Record. Congratulations !!!
http://www.nbcolympics.com/newscenter/news/newsid=205871.html#phelps+sets+olympic+gold+standa rd
http://en.wikipedia.org/wiki/Michael_Phelps
More golds expected.
(IVans, I got NINE RED dots for this so far)
http://www.nbcolympics.com/newscenter/news/newsid=205871.html#phelps+sets+olympic+gold+standa rd
http://en.wikipedia.org/wiki/Michael_Phelps
More golds expected.
(IVans, I got NINE RED dots for this so far)
more...
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BharatPremi
03-17 03:55 PM
Only if your total medical expenses for the year cross certain limits. These limits depend on your AGI. Please check IRS.gov website for latest updates.
If more than 6 to 7000 dollars on itemized deducion based returns.
If more than 6 to 7000 dollars on itemized deducion based returns.
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simon03
07-15 12:35 PM
I wish my company attorney could understand the basic ENGLISH instructions. Worst part, still doesn't admit his mistake and keeps pointing to the receipt issued by USCIS.
Btw, I took Infopass appointment and went today to ask what should I do....given USCIS has issued receipt notice
The officer responded similar to my attorney's response, stating given that USCIS has issued receipt, they are working on my appl and I may not need to send the fee..BUT he admitted that the fee was required..
In short, still not sure what to do....
Btw, I took Infopass appointment and went today to ask what should I do....given USCIS has issued receipt notice
The officer responded similar to my attorney's response, stating given that USCIS has issued receipt, they are working on my appl and I may not need to send the fee..BUT he admitted that the fee was required..
In short, still not sure what to do....
more...
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Keeme
02-11 01:40 PM
Last week my wife's I-485 got an RFE on Medical Examination and Photos. Why is that only my wife got it and not me the primary applicant? Any thoughts. I have read some time ago that if the Medical examinations are 1 year older at the time of application processing they would request for a new one, is that still true?
Looking for your replies.
Thanks,
Raj
Contributed $300 so far.
Call and ask them how can they do this huge mistake and they will issue one for you as well !
My older son got a cut on his right thumb yesterday and I was putting a bandage on it and my younger one came and said - " I want also a bandage. Why only him ? Why can't I have it ? " Would you pl answer him ?
Looking for your replies.
Thanks,
Raj
Contributed $300 so far.
Call and ask them how can they do this huge mistake and they will issue one for you as well !
My older son got a cut on his right thumb yesterday and I was putting a bandage on it and my younger one came and said - " I want also a bandage. Why only him ? Why can't I have it ? " Would you pl answer him ?
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somegchuh
08-21 04:02 PM
Hi Guys,
I just wanted to get some input from the veterans here who have started a business in partnership while they have been waiting for the coveted green card.
What kind of legal paperwork does it take to start a business? I would think as long as you don't work for the business it should be ok? If you can own part of a corporation (stocks), you can be a partner in a business?
Ideas?
I just wanted to get some input from the veterans here who have started a business in partnership while they have been waiting for the coveted green card.
What kind of legal paperwork does it take to start a business? I would think as long as you don't work for the business it should be ok? If you can own part of a corporation (stocks), you can be a partner in a business?
Ideas?
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mdipi
11-07 03:27 PM
thanks for the great comments! deff do a tut! i think ppl would love it! and we can get our PS7 section. well off do do another tut. i feel bored.
TwinkleM
03-25 02:30 AM
@zimmy100 (http://immigrationvoice.org/forum/member.php?u=33255)
Y do u say that ur filinh I485 in Jully 2007 in EB3 is ur greatest mistake... I am sailing in the same boat & am planning to file new GC in EB2 category.
Anyone having knowledge can pls. shed some inputs.. would higly appreciate it.
Can't one retain the old priority date of EB3 for the new one in EB2 category after filing I485 in EB3 category?:confused:
Y do u say that ur filinh I485 in Jully 2007 in EB3 is ur greatest mistake... I am sailing in the same boat & am planning to file new GC in EB2 category.
Anyone having knowledge can pls. shed some inputs.. would higly appreciate it.
Can't one retain the old priority date of EB3 for the new one in EB2 category after filing I485 in EB3 category?:confused:
rinkurazdan
05-30 04:47 PM
People have started saying they would be happy to get GC in 5-10 years.
I think we deserve a little more than 5-10 yrs for our GC after having lived most of our professional lives in US....paid taxes...applied for PR....and followed the law of the land...Dont let ur head drop just because u r an imigrant....everyone of the US citizens and even those in Congress are desecndants of immigrants...REMEMBER that.
I think we deserve a little more than 5-10 yrs for our GC after having lived most of our professional lives in US....paid taxes...applied for PR....and followed the law of the land...Dont let ur head drop just because u r an imigrant....everyone of the US citizens and even those in Congress are desecndants of immigrants...REMEMBER that.