hopelessGC
11-12 04:48 PM
The passport is valid but the visa inside it is not. I suppose you are saying this is not a problem!?:)
Sorry, it's just that she is nervous about buying a $700 plane ticket and running into trouble.
Correct, just the passport. Visa is not checked when traveling withing the US.
Sorry, it's just that she is nervous about buying a $700 plane ticket and running into trouble.
Correct, just the passport. Visa is not checked when traveling withing the US.
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glen
05-02 03:57 PM
:)
shana04
05-18 05:42 PM
C'mon, the clue is in your RFE. It's from day of entry (this means last entry) to the filing of I-485. Previous entries do not matter for I-485.
Was her I-94 still valid at the time she filed I-485? If yes, then you should be ok.
Day of first entry not the day of last entry.
But you have gave me a valid point.
I am working with an attorney and would let you know the progress. It might be helpful for at least few.
Was her I-94 still valid at the time she filed I-485? If yes, then you should be ok.
Day of first entry not the day of last entry.
But you have gave me a valid point.
I am working with an attorney and would let you know the progress. It might be helpful for at least few.
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vivache
11-06 09:52 PM
Ok .. let me give you the math before getting to the question: )
Looking at the numbers from USCIS: http://www.uscis.gov/USCIS/New%20Structure/3rd%20Level%20(Left%20Nav%20Children)/Green%20Card%20-%203rd%20Level/Pending%20Form%20I485%20Reports.pdf
140 k GC numbers every year
85% available for folks in US, which is 199k
Out of these 119 k visas available, 40k are Eb3 category ..
10% for country .. so India's numbers should be 4000 a year
There are 14000 Eb3 visas before mine
Out of these 4750 are from India
So maybe I get the GC in 1 year 2 months?
Starting from? next Oct 10, meaning GC in Dec 11?
7170 visa should be given this year with the Apr 01 cut off .. so roughly 7000 Eb3 visas available so in all probability I should get it next year Dec 10?
What is confusing is this?
As per the latest visa bulletin .. the Eb3 cut off for all countries is around jun 02
And there are about 14k eb3 numbers till Jun 02.. so isn't the cut off be something like Dec 03 .. as current date .. since that's what 40k GC numbers add to?
If 40k GC's available for Eb3 for 2009 ... why is the cut off date Jun 02 .. which accoutns for only 14k GC's?
Looking at the numbers from USCIS: http://www.uscis.gov/USCIS/New%20Structure/3rd%20Level%20(Left%20Nav%20Children)/Green%20Card%20-%203rd%20Level/Pending%20Form%20I485%20Reports.pdf
140 k GC numbers every year
85% available for folks in US, which is 199k
Out of these 119 k visas available, 40k are Eb3 category ..
10% for country .. so India's numbers should be 4000 a year
There are 14000 Eb3 visas before mine
Out of these 4750 are from India
So maybe I get the GC in 1 year 2 months?
Starting from? next Oct 10, meaning GC in Dec 11?
7170 visa should be given this year with the Apr 01 cut off .. so roughly 7000 Eb3 visas available so in all probability I should get it next year Dec 10?
What is confusing is this?
As per the latest visa bulletin .. the Eb3 cut off for all countries is around jun 02
And there are about 14k eb3 numbers till Jun 02.. so isn't the cut off be something like Dec 03 .. as current date .. since that's what 40k GC numbers add to?
If 40k GC's available for Eb3 for 2009 ... why is the cut off date Jun 02 .. which accoutns for only 14k GC's?
more...
ssterian01
07-07 11:15 AM
Hi prem_goel, I checked with two lawyers and they both said it is no problem al all to add my wife from F1 to I485 (AOS) when my PD becomes current.
The F1 will provide her legal stay in US and maitain her in status until my PD become current.
There is a lot of info on the internet about this, here is one link that looks relevant
Converting H4 to F1 and then adding to I-485 - Topic Powered by Infopop (http://murthyforum.atinfopop.com/4/OpenTopic?a=tpc&s=1024039761&f=1474093861&m=1081076091)
About I485 denial, what chances are for this to happen? Does anyone kknow how likely is that your 485 gets denied? I heard is not very likely.
The F1 will provide her legal stay in US and maitain her in status until my PD become current.
There is a lot of info on the internet about this, here is one link that looks relevant
Converting H4 to F1 and then adding to I-485 - Topic Powered by Infopop (http://murthyforum.atinfopop.com/4/OpenTopic?a=tpc&s=1024039761&f=1474093861&m=1081076091)
About I485 denial, what chances are for this to happen? Does anyone kknow how likely is that your 485 gets denied? I heard is not very likely.
gcsucks
07-01 09:27 AM
After years of struggling and 25k down the drain i have decided not to loose my Canadian PR card ( i have been out of canada for 21/2 years out of 5). so to maintain the card i have to be in canada for the next 2 years. so... right now i have an approved I140 based on which i will be filing a
h1. once i get an approval ( 3 years extension) i will move to my other office in Canada.
The question i have is, can i come back into the country using this stamping after 2 years staying in canada ? and let us say i dont apply for my h1 but when the SKIL bill (if and whenever it becomes law) can i apply for I485 even though im in canada ( i dont think i can)
Any help is appreciated
h1. once i get an approval ( 3 years extension) i will move to my other office in Canada.
The question i have is, can i come back into the country using this stamping after 2 years staying in canada ? and let us say i dont apply for my h1 but when the SKIL bill (if and whenever it becomes law) can i apply for I485 even though im in canada ( i dont think i can)
Any help is appreciated
more...
Desi Unlucky
09-21 02:37 PM
I learnt that for couple of years 1999 and 2000, the unused visas were recaptured by some law passed because of which the no of Visas issued were 39 & 47K the last couple oo years. Isn't it worth trying for recapturing of the unused visas between 2001 & 2005 ?
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ghost
06-22 01:14 PM
Just an assessment on where we are collectively as a group:
312 new members in June 2006
1100 new members in May 2006
1400 new members in April 2006
1000 new members in March 2006
400 new members in February 2006
600 new members in January 2006
4812 in total membership.
Each one of us should personally get involved in engaging legal immigrants who are affected by the retrogression problem. It is hard to imagine that there are 6-figure number of people in retrogression but there are less than 5-figure number (4812) of people participating in this voluntary effort undertaken by IV.
Please talk to people around you and make them aware of the situation. Creating an account in IV and clicking a button to send web faxes is the least these people can do for their own benefit.
I'm sure that IV core will also become stronger and can gain more leverage during negotiations/lobbying with the appropriate authorities.
On a side note, please have some faith in the strategic decisons made by IV core. I understand that a lot of people here are desperate to see some progress but I personally feel that IV core is on a great strategic path to acheive our goals. In the mean time, if each of us can do our part by recruiting 10 people to join IV by the end of July. We will be stronger and more effective.
Just imagine if our membership is close to 50000 by the end of July, we can take a rally just like the Irish lobby group. Ours will be much legitimate because we are not rallying for illegal immigrants, unlike them. So divert your time resources in the next month in achieving this goal and leave the strategic decision making to IV Core and QGA.
Peace out!
312 new members in June 2006
1100 new members in May 2006
1400 new members in April 2006
1000 new members in March 2006
400 new members in February 2006
600 new members in January 2006
4812 in total membership.
Each one of us should personally get involved in engaging legal immigrants who are affected by the retrogression problem. It is hard to imagine that there are 6-figure number of people in retrogression but there are less than 5-figure number (4812) of people participating in this voluntary effort undertaken by IV.
Please talk to people around you and make them aware of the situation. Creating an account in IV and clicking a button to send web faxes is the least these people can do for their own benefit.
I'm sure that IV core will also become stronger and can gain more leverage during negotiations/lobbying with the appropriate authorities.
On a side note, please have some faith in the strategic decisons made by IV core. I understand that a lot of people here are desperate to see some progress but I personally feel that IV core is on a great strategic path to acheive our goals. In the mean time, if each of us can do our part by recruiting 10 people to join IV by the end of July. We will be stronger and more effective.
Just imagine if our membership is close to 50000 by the end of July, we can take a rally just like the Irish lobby group. Ours will be much legitimate because we are not rallying for illegal immigrants, unlike them. So divert your time resources in the next month in achieving this goal and leave the strategic decision making to IV Core and QGA.
Peace out!
more...
tonyHK12
11-14 12:10 PM
I'm trying to figure out the reasoning behind Mexico's numbers as well. According to the latest cut-off date tables http://www.travel.state.gov/pdf/EmploymentDemandUsedForCutOffDates.pdf
Mexico has about 5,800 folks total for EB-3 in the queue so far, but we have seen very little movement in the past years. My questions to the forum:
1) Is the slow movement due to so many cases in field offices not yet reported?
2) Do family-based numbers take away from the 7% of 140K visas a year or are these solely for EB?
3) Any idea why movement is so slow for Mexico given the numbers of people currently in the queue?
Theories are welcome.
Yes I agree something doesn't add up. The yearly quota should be at least 2800 visas for EB3 from Mexico.
Maybe they're waiting for the end of quarter to allocate visas.
IV generally follows up for donor members.
Mexico has about 5,800 folks total for EB-3 in the queue so far, but we have seen very little movement in the past years. My questions to the forum:
1) Is the slow movement due to so many cases in field offices not yet reported?
2) Do family-based numbers take away from the 7% of 140K visas a year or are these solely for EB?
3) Any idea why movement is so slow for Mexico given the numbers of people currently in the queue?
Theories are welcome.
Yes I agree something doesn't add up. The yearly quota should be at least 2800 visas for EB3 from Mexico.
Maybe they're waiting for the end of quarter to allocate visas.
IV generally follows up for donor members.
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bsbawa10
08-15 11:46 AM
I am going to Houston and will be ther all week next week. I am going to be very busy. Can somebody who is well versed with google spreadsheet take care of this data and moderate it. You will have to do things like:
1. Delete bogus data.
2. If somebody corrupts the data, then revert to previous revision
1. Delete bogus data.
2. If somebody corrupts the data, then revert to previous revision
more...
sgupta33
09-20 09:21 AM
The rally and some of IV's requests was mentioned on NPR this morning by their econmic correspondent. The piece did a good job of differentiating between legal high skilled and illegal immigrants and also in highlighting some of our concerns and requests for legal remedy.
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jeda
10-26 06:36 PM
Thanks everybody for the responses.
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diptam
08-06 12:13 PM
Premium on 140 has nothing to do with expedition of 485. Later depends on Priority Dates , Visa Numbers , Name check results etc ... etc... If you get 140 approved on Premium then the only advantange is that you can Trigger AC21 to change your Job after 180 days of 485 filing WITH A PEACE OF MIND.
Otherwise if your 140 is hanging and you invoke AC21 and by chance that 140 gets a rough RFE or gets denied for some reason your 485 will be denied immediatly and you are in deep waters.
Has USCIS started premium processing of I-140 again ? Can you please send me the link ?
What happens if one has filed I-140 concurrently with 485 ? Does 485 gets expedited too ?
let me know quick please..
Otherwise if your 140 is hanging and you invoke AC21 and by chance that 140 gets a rough RFE or gets denied for some reason your 485 will be denied immediatly and you are in deep waters.
Has USCIS started premium processing of I-140 again ? Can you please send me the link ?
What happens if one has filed I-140 concurrently with 485 ? Does 485 gets expedited too ?
let me know quick please..
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morchu
06-01 04:54 PM
1. Indian passport holders are exempt from the 6-month rule. Link.... I will search when I get time and post.
2. Regarding intention of permanent residence, see "greg siskind" s explanation on a similar topic (after GC) here: http://www.visalaw.com/06feb1/2feb106.html
http://immigrationvoice.org/forum/showthread.php?p=344473#post344473
Greg mentioned that....
"There are no black and white tests for what will be deemed to be an abandonmnet of permanent residency. Rather, USCIS will look at a variety of factors to determine a person's intent. Financial ties to the US, maintain a US employer, maintaining a residence in the US, keeping a car registered in the US, family remaining behind, etc. can all be evidence."
Hi Morchu,
I searched travel.state.gov with 'six-month rule', but couldn't come up with anything specific to this. Can you please post me the link? And I have an Indian Passport.
Ok, so how can one prove his intention at the POE for GC?
....would appreciate your reply.
2. Regarding intention of permanent residence, see "greg siskind" s explanation on a similar topic (after GC) here: http://www.visalaw.com/06feb1/2feb106.html
http://immigrationvoice.org/forum/showthread.php?p=344473#post344473
Greg mentioned that....
"There are no black and white tests for what will be deemed to be an abandonmnet of permanent residency. Rather, USCIS will look at a variety of factors to determine a person's intent. Financial ties to the US, maintain a US employer, maintaining a residence in the US, keeping a car registered in the US, family remaining behind, etc. can all be evidence."
Hi Morchu,
I searched travel.state.gov with 'six-month rule', but couldn't come up with anything specific to this. Can you please post me the link? And I have an Indian Passport.
Ok, so how can one prove his intention at the POE for GC?
....would appreciate your reply.
more...
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madan
01-12 08:22 AM
Thank you very much for the Information...
We need like you people who help others...
i will do this once coming back from india.
Thank you again
We need like you people who help others...
i will do this once coming back from india.
Thank you again
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chanduv23
07-11 12:06 PM
Hello friends,
My prority will be current in Aug, next month. I filed I485 last july and my I140 is also approved long back in 2006. After filing I485 i do not see any LUD or anything on my case.
What will be the chances to get my I485 approve ? Do i need to followup / take appointment ( Infopass) etc ?
Appriciate your thoughts...
Depends - everything happens random manner. Generally CP filers have advantage in such situations
My prority will be current in Aug, next month. I filed I485 last july and my I140 is also approved long back in 2006. After filing I485 i do not see any LUD or anything on my case.
What will be the chances to get my I485 approve ? Do i need to followup / take appointment ( Infopass) etc ?
Appriciate your thoughts...
Depends - everything happens random manner. Generally CP filers have advantage in such situations
more...
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logiclife
07-17 04:14 PM
Congrats Retrohatao.
What's depressing about the process is that it takes so long for greencard that people dont even remember their priority date by the time they get greencards.
Retrohatao has posted PD of his first GC file as :"Sometime in 1998". Note the word sometime.
This word, "Sometime" shows the delay.
In America, glaciers move faster then the Greencard process.
That's the reason Universities are going to pay a dear price of all this when the next generation of potential students and research scholars dont come here.
What's depressing about the process is that it takes so long for greencard that people dont even remember their priority date by the time they get greencards.
Retrohatao has posted PD of his first GC file as :"Sometime in 1998". Note the word sometime.
This word, "Sometime" shows the delay.
In America, glaciers move faster then the Greencard process.
That's the reason Universities are going to pay a dear price of all this when the next generation of potential students and research scholars dont come here.
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godbless
11-01 02:56 PM
My brother is a Physical Therapist. His employer filed I485/I140 concurrently last week. His I140 was not filed under premium processing as the employer said that it is a waste of money as the GC will not come in a months time ( as the retrogression took place from Nov 2006). But then would he get his EAD or not? Any thoughts please?
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sayantan76
04-09 07:44 PM
I would answer this:
The best realtor is the one who can give you some money back from his commission...:)
Dont rely on the realtor to determine the home price for you. DO some homework...compare homes in the vicinity and come up with a price thats reasonable and mos importantly AFFORDABLE to you.
Is it legal for a licensed real estate agent to share commission with a non licensed person - like a buyer?
The best realtor is the one who can give you some money back from his commission...:)
Dont rely on the realtor to determine the home price for you. DO some homework...compare homes in the vicinity and come up with a price thats reasonable and mos importantly AFFORDABLE to you.
Is it legal for a licensed real estate agent to share commission with a non licensed person - like a buyer?
gcgreen
07-22 02:31 AM
Quoting the AC21 memo:
"Adjudicators SHOULD NOT PRESUME ABSENCE OF SUCH INTENT and may take the I-140 and supporting documents themselves as prima facie evidence of such intent, but in appropriate cases additional evidence or investigation may be appropriate."
So, per the memorandum, you MAY be in trouble ONLY if the adjudicating officer decides something is fishy. And the officer is to treat the I-140 and supporting docs (based on which your I-140 was already approved) as prima facie evidence of intent. So why are you worried? Has your I-140 been withdrawn by old employer?
there is a memorandum issued by USCIS on
12/27/2005. It clearly indicated that I can't be denied due to leaving
previous employer prior to 180 days.
http://www.immigration.com/newsletter1/amendac21.pdf
Question 10. Should service centers or district offices deny
portability cases on the sole basis that the alien has left his or her
employment with the I-140 petitioner prior to the I-485 application
pending for 180 days?
Answer: No. The basis for adjustment is not actual (current)
employment but prospective employment. Since there is no requirement
that the alien have ever been employed by the petitioner while the
I-140 and/or I-485 was pending, the fact that an alien left the I-140
petitioner before the I- 485 has been pending 180 days will not
necessarily render the alien ineligible to port. However, in all cases
an offer of employment must have been bona fide. This means that, as
of the time the I-140 was filed and at the time of filing the I-485 if
not filed concurrently, the I-140 petitioner must have had the intent
to employ the beneficiary, and the alien must have intended to
undertake the employment, upon adjustment. Adjudicators should not
presume absence of such intent and may take the I-140 and supporting
documents themselves as prima facie evidence of such intent, but in
appropriate cases additional evidence or investigation may be
appropriate.
I guess that the key is to prove that it is a bona fide offer. I have worked for them for 4.5 years. So even if they won't cooperate, I can argue that it is real.
I won't want to restart the GC process again. We are talking about a big amount of money for the whole process.
"Adjudicators SHOULD NOT PRESUME ABSENCE OF SUCH INTENT and may take the I-140 and supporting documents themselves as prima facie evidence of such intent, but in appropriate cases additional evidence or investigation may be appropriate."
So, per the memorandum, you MAY be in trouble ONLY if the adjudicating officer decides something is fishy. And the officer is to treat the I-140 and supporting docs (based on which your I-140 was already approved) as prima facie evidence of intent. So why are you worried? Has your I-140 been withdrawn by old employer?
there is a memorandum issued by USCIS on
12/27/2005. It clearly indicated that I can't be denied due to leaving
previous employer prior to 180 days.
http://www.immigration.com/newsletter1/amendac21.pdf
Question 10. Should service centers or district offices deny
portability cases on the sole basis that the alien has left his or her
employment with the I-140 petitioner prior to the I-485 application
pending for 180 days?
Answer: No. The basis for adjustment is not actual (current)
employment but prospective employment. Since there is no requirement
that the alien have ever been employed by the petitioner while the
I-140 and/or I-485 was pending, the fact that an alien left the I-140
petitioner before the I- 485 has been pending 180 days will not
necessarily render the alien ineligible to port. However, in all cases
an offer of employment must have been bona fide. This means that, as
of the time the I-140 was filed and at the time of filing the I-485 if
not filed concurrently, the I-140 petitioner must have had the intent
to employ the beneficiary, and the alien must have intended to
undertake the employment, upon adjustment. Adjudicators should not
presume absence of such intent and may take the I-140 and supporting
documents themselves as prima facie evidence of such intent, but in
appropriate cases additional evidence or investigation may be
appropriate.
I guess that the key is to prove that it is a bona fide offer. I have worked for them for 4.5 years. So even if they won't cooperate, I can argue that it is real.
I won't want to restart the GC process again. We are talking about a big amount of money for the whole process.
eb2_mumbai
10-28 09:37 AM
Labor + 140 if complted without any RFE would take least 8 - 12 months. But considering today's conditions that is highly unlikely so ballpark figure would be 15 - 18 months. Also if it gets rejected for any reason lawyer mistakes or A2P or education etc then it would be waste of time and resources.
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