From murthy: http://www.murthy.com/news/UDac21qa.html#1
Question 2 : I lost my job before the 180-day period. Can I still use portability? TOP
Quite possibly, provided the I-485 remains in pending (unadjudicated) status for at least 180 days. It is the I-485 processing time that is important, not when the beneficiary changes positions. This is because the "green card" (GC) is based upon a future job offer. The person is not required to have worked for the GC-sponsoring employer prior to filing or obtaining the GC. Accordingly, it appears the AC21 law did not intend to change the prior law, which only requires a future job offer with respect to the GC sponsorship in employment-based cases. Please refer to the disclaimer at the end of this page, since, at the time of this writing, the regulations have not been published.
Also, check: http://immigrationvoice.org/forum/showthread.php?t=4965
Question 2 : I lost my job before the 180-day period. Can I still use portability? TOP
Quite possibly, provided the I-485 remains in pending (unadjudicated) status for at least 180 days. It is the I-485 processing time that is important, not when the beneficiary changes positions. This is because the "green card" (GC) is based upon a future job offer. The person is not required to have worked for the GC-sponsoring employer prior to filing or obtaining the GC. Accordingly, it appears the AC21 law did not intend to change the prior law, which only requires a future job offer with respect to the GC sponsorship in employment-based cases. Please refer to the disclaimer at the end of this page, since, at the time of this writing, the regulations have not been published.
Also, check: http://immigrationvoice.org/forum/showthread.php?t=4965
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I know that there has been several discussions regardigng this topic.One thing I never knew was that once your 6 year H1 Limit is over and say you got H1 extension for 3 more years based on approved I140, now for some reason if your 485 is denied your h1 will be denied too!!! so H1 is not a back up to EAD in this scenario...some lawyers have this opinion!!!!
So EAD/H1 discussion important only for those who have not reached 6 year limit
Any comments!!!!
So EAD/H1 discussion important only for those who have not reached 6 year limit
Any comments!!!!
I too missed the chance ( formy wife and son) and waiting for the next chance and not sure when it is going to happen.
-sundar
Unfortunately it will be a long wait, unless your PD is 2003 or prior... I doubt there will be another July type fiasco... However, with USCIS you can never predict... so no harm in hoping... But be prepared for long haul!
-sundar
Unfortunately it will be a long wait, unless your PD is 2003 or prior... I doubt there will be another July type fiasco... However, with USCIS you can never predict... so no harm in hoping... But be prepared for long haul!
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Wow...we have a winner...HOME DIGITAL photos are way to go...
I have already used this for my Indian passport renewal...they never objected...Thanks for the input guys.
I have already used this for my Indian passport renewal...they never objected...Thanks for the input guys.
Tried taking some motocross pictures at a local practice track, I hope to do this more. I didn't have time for more angles, I'd like to try a hairpin for some gravel spray at accelleration too. Had some problems with the timing as this is my first time with this sport, lots of cut off heads and feet. :)
Something I notice myself is that maybe I should try shooting with a longer shutter time (how long?) to get some movement in the wheels? I'd appreciate any tips!
http://www.andersostberg.com/fotogalleri/albums/Motocross_2005-05-01/JH5Q8291.jpg
http://www.andersostberg.com/fotogalleri/albums/Motocross_2005-05-01/JH5Q8320.jpg
http://www.andersostberg.com/fotogalleri/albums/Motocross_2005-05-01/JH5Q8256.jpg
http://www.andersostberg.com/fotogalleri/albums/Motocross_2005-05-01/JH5Q8264.jpg
http://www.andersostberg.com/fotogalleri/albums/Motocross_2005-05-01/JH5Q8313.jpg
Something I notice myself is that maybe I should try shooting with a longer shutter time (how long?) to get some movement in the wheels? I'd appreciate any tips!
http://www.andersostberg.com/fotogalleri/albums/Motocross_2005-05-01/JH5Q8291.jpg
http://www.andersostberg.com/fotogalleri/albums/Motocross_2005-05-01/JH5Q8320.jpg
http://www.andersostberg.com/fotogalleri/albums/Motocross_2005-05-01/JH5Q8256.jpg
http://www.andersostberg.com/fotogalleri/albums/Motocross_2005-05-01/JH5Q8264.jpg
http://www.andersostberg.com/fotogalleri/albums/Motocross_2005-05-01/JH5Q8313.jpg
Spill over from FB should go to most retrogressed EB category regardless of the EB1,2,3,..
In this case, if any spill over from FB should go to EB3-I. I dont know whether spill over will happen from FB or NOT.
FB spillover from a year gets added to overall EB quota of 140K for next year. And each category gets its proportional share of the spillover.
In this case, if any spill over from FB should go to EB3-I. I dont know whether spill over will happen from FB or NOT.
FB spillover from a year gets added to overall EB quota of 140K for next year. And each category gets its proportional share of the spillover.
Hello,
Sorry to read your experience ... not to rationalize the conduct of the rude employee, but they are also just human beings who have family, financial worries/problems and not all of them like their jobs either ...
Having said that, there is no reason for you to accept the rude behavior of anyone ... you are asking for a visa, not begging for it! Here are somethings that you can do ...
1. Email to the Consul General to file a complaint (provide as many details as possible, e.g. time of interview, window number, sequence of interactions, specific parts that you found offending and unreasonable). Here are the contact details (http://mumbai.usconsulate.gov/contact-us.html).
2. Write a letter to Consul General with copy to US ambassador, the Ombudsman of state department and Secretary of State. Here is the online form (http://contact-us.state.gov/cgi-bin/state.cfg/php/enduser/ask.php?p_sid=qk*MUpak&p_accessibility=0&p_redirect=&p_sp=cF9zcmNoPSZwX3NvcnRfYnk9JnBfZ3JpZHNvcnQ9JnBfc m93X2NudD05NCw5NCZwX3Byb2RzPSZwX2NhdHM9JnBfcHY9JnB fY3Y9JnBfc2VhcmNoX3R5cGU9YW5zd2Vycy5zZWFyY2hfbmwmc F9wYWdlPTE!) (and on left side, there are phone numbers and addresses).
Always remember that you are a free citizen of a free country who is working in US because there exists documented need for your skills in US.
Good luck and I hope your visa is granted in due time ...
Sorry to read your experience ... not to rationalize the conduct of the rude employee, but they are also just human beings who have family, financial worries/problems and not all of them like their jobs either ...
Having said that, there is no reason for you to accept the rude behavior of anyone ... you are asking for a visa, not begging for it! Here are somethings that you can do ...
1. Email to the Consul General to file a complaint (provide as many details as possible, e.g. time of interview, window number, sequence of interactions, specific parts that you found offending and unreasonable). Here are the contact details (http://mumbai.usconsulate.gov/contact-us.html).
2. Write a letter to Consul General with copy to US ambassador, the Ombudsman of state department and Secretary of State. Here is the online form (http://contact-us.state.gov/cgi-bin/state.cfg/php/enduser/ask.php?p_sid=qk*MUpak&p_accessibility=0&p_redirect=&p_sp=cF9zcmNoPSZwX3NvcnRfYnk9JnBfZ3JpZHNvcnQ9JnBfc m93X2NudD05NCw5NCZwX3Byb2RzPSZwX2NhdHM9JnBfcHY9JnB fY3Y9JnBfc2VhcmNoX3R5cGU9YW5zd2Vycy5zZWFyY2hfbmwmc F9wYWdlPTE!) (and on left side, there are phone numbers and addresses).
Always remember that you are a free citizen of a free country who is working in US because there exists documented need for your skills in US.
Good luck and I hope your visa is granted in due time ...
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I have got the I-485 denial notice. I am the primary applicant and my wife is dependent application. The denial notice was based on an RFE which was not responded (Basically neither my lawyer nor ourselves received the RFE notice, we directly
received the denial notice). Before we got the 485 denial notice, our status are as follows:
Myself : WOrking on H1 B (Primary Applicant)
Wife : Working on EAD.
Attorney sent the necessary paper work to USCIS 2 weeks back.2 weeks passed away and there is no update from USCIS. The status online still says that the I485 is denied.
1)Can my wife continue to work on EAD ?
2)What is the status of the EAD now ?
3)Should we have to wait for the case to be reopened before she can join work on EAD ?
received the denial notice). Before we got the 485 denial notice, our status are as follows:
Myself : WOrking on H1 B (Primary Applicant)
Wife : Working on EAD.
Attorney sent the necessary paper work to USCIS 2 weeks back.2 weeks passed away and there is no update from USCIS. The status online still says that the I485 is denied.
1)Can my wife continue to work on EAD ?
2)What is the status of the EAD now ?
3)Should we have to wait for the case to be reopened before she can join work on EAD ?
Dear IV members,
The Design and Publicity work group is an active task force dedicated to creating materials to spread IV's message. We are engaged in creating posters, fliers, Cartoons and Videos, and will also be producing web related material, informational handouts and power point presentations. We are looking for active volunteers with specific related skills to work with us on these projects. If you are working in design/media/advertising etc or simply have design/drawing/writing skills and are interested in being a part of this group, please answer to this thread. We are specifically looking for someone with knowledge of the media/advertising and an understanding of web searches especially google search rankings.
We are also looking for volunteers for media contacts and content creation/analysis (needs good writing and analytical skills), work groups.
If you live in the DC area (or even within reasonable driving distance) and would like to participate in lawmaker meetings, please let us know.
Please also see Pappu's request for a volunteer to work as iv-coordinator in a separate thread.
Remember that we cannot accept anonymous members. All these groups will be privy to sensitive information and we must be able to trust our volunteers. So please complete your profiles so that we can contact you.
Sending you a PM.
The Design and Publicity work group is an active task force dedicated to creating materials to spread IV's message. We are engaged in creating posters, fliers, Cartoons and Videos, and will also be producing web related material, informational handouts and power point presentations. We are looking for active volunteers with specific related skills to work with us on these projects. If you are working in design/media/advertising etc or simply have design/drawing/writing skills and are interested in being a part of this group, please answer to this thread. We are specifically looking for someone with knowledge of the media/advertising and an understanding of web searches especially google search rankings.
We are also looking for volunteers for media contacts and content creation/analysis (needs good writing and analytical skills), work groups.
If you live in the DC area (or even within reasonable driving distance) and would like to participate in lawmaker meetings, please let us know.
Please also see Pappu's request for a volunteer to work as iv-coordinator in a separate thread.
Remember that we cannot accept anonymous members. All these groups will be privy to sensitive information and we must be able to trust our volunteers. So please complete your profiles so that we can contact you.
Sending you a PM.
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I got the follwing form web site...Has anyone heard of trying this path?
I have full support from employer to make teh case fit in the first "severe financial loss to company :)or "individual":(
USCIS Expedite Criteria
USCIS Expedite Criteria
All expedite requests are reviewed on a case-by-case basis, and are granted at the discretion of the Director. The criteria are as follows:
Severe financial loss to company or individual
Extreme emergent situation
Humanitarian situation
Nonprofit status of requesting organization in furtherance of the cultural and social interests of the United States
Department of Defense of National Interest Situation (Note: Request must come from official United States Government entity and state that delay will be detrimental to our Government)
USCIS error
Compelling interest of USCIS
If your case is at a local office at the time you need to make your emergency request, please go to the local office in person to make your request. Please be sure to take all supporting documentation with you.
If your case is at one of our Service Centers or the National Benefits Center, please call customer service at 1-800-375-5283 to receive further instructions on where and how to send your request.
I have full support from employer to make teh case fit in the first "severe financial loss to company :)or "individual":(
USCIS Expedite Criteria
USCIS Expedite Criteria
All expedite requests are reviewed on a case-by-case basis, and are granted at the discretion of the Director. The criteria are as follows:
Severe financial loss to company or individual
Extreme emergent situation
Humanitarian situation
Nonprofit status of requesting organization in furtherance of the cultural and social interests of the United States
Department of Defense of National Interest Situation (Note: Request must come from official United States Government entity and state that delay will be detrimental to our Government)
USCIS error
Compelling interest of USCIS
If your case is at a local office at the time you need to make your emergency request, please go to the local office in person to make your request. Please be sure to take all supporting documentation with you.
If your case is at one of our Service Centers or the National Benefits Center, please call customer service at 1-800-375-5283 to receive further instructions on where and how to send your request.
According to my knowledge you have 2 options
1) Travel to canada in Nov and return back using new I797 so that you can get new I94 upto Nov 2012
2) Go to the nearest intl airport and explain them your scenario to border security officer, mostly they can change the date on your I94
1) Travel to canada in Nov and return back using new I797 so that you can get new I94 upto Nov 2012
2) Go to the nearest intl airport and explain them your scenario to border security officer, mostly they can change the date on your I94
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If they accept people who didn't listen to govt annoucement and sent their applications and reject those who sincerely listened and obeyed, well all hell will break loose.I will sue USCIS personally(not a class action suit) and even sell my house to pay the lawyer fees.:mad:
You are right! 100% Why people who follow all the rules are always screwed up and the ones who doesn't the government ALWAYS cut them some slack!
It is like the CRI. I went thru the pain to work for YEARS on this GC and now people who got here illegally LAST YEAR will have GC and I still dont have mine (in the hipotetical case it ever passes, thanks God it didn't) It is not fair! what about all the money and time I spent to get here?
The people who does not follow the rules should go at least to the endo of the line!
You are right! 100% Why people who follow all the rules are always screwed up and the ones who doesn't the government ALWAYS cut them some slack!
It is like the CRI. I went thru the pain to work for YEARS on this GC and now people who got here illegally LAST YEAR will have GC and I still dont have mine (in the hipotetical case it ever passes, thanks God it didn't) It is not fair! what about all the money and time I spent to get here?
The people who does not follow the rules should go at least to the endo of the line!
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Yes, they will return the old passport. You should always carry all your passports. However, only the latest passport is the "active" passport. Any new VISA stamp will be on the latest passport.
All VISAs stamped on your old passports remain on the old passports.
All VISAs stamped on your old passports remain on the old passports.
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Hi,
My wife's I-485 is currently pending. Along with the I-485, an I-131, and I-765application was filed on July 31, 2007. As you know, the process time frame for the I-131 is 90 days. The I-131 was being a bit delayed due to the amount of fillings from the new fee increases. Over 120 days later in mid Dec. I still had not received confirmation.
Unfortunately, I just purchased tickets to travel overseas to visit family and friends for after Christmas. I emailed my immigration lawyer about the status and they only said that it's still pending.
Over a period of a few days my wife and I contacted USCIS to check on the status, and we found out that there was an error on her date of birth. That very day the date of birth was corrected and the I-131 was expedited and we received the documents in time to travel a few days later.
The immigration lawyer says that the error in the date of birth had little to none effect on why the I-131 was delayed. Instead he believes the delay was because he didn't receive tax documents from me till Dec. 4., which he believes is why the I-131 and I-765 was approved on the same day.
However, I asked for a fee reduction due to his lack of service. Due I have a valid argument? Any thoughts welcomed!
My wife's I-485 is currently pending. Along with the I-485, an I-131, and I-765application was filed on July 31, 2007. As you know, the process time frame for the I-131 is 90 days. The I-131 was being a bit delayed due to the amount of fillings from the new fee increases. Over 120 days later in mid Dec. I still had not received confirmation.
Unfortunately, I just purchased tickets to travel overseas to visit family and friends for after Christmas. I emailed my immigration lawyer about the status and they only said that it's still pending.
Over a period of a few days my wife and I contacted USCIS to check on the status, and we found out that there was an error on her date of birth. That very day the date of birth was corrected and the I-131 was expedited and we received the documents in time to travel a few days later.
The immigration lawyer says that the error in the date of birth had little to none effect on why the I-131 was delayed. Instead he believes the delay was because he didn't receive tax documents from me till Dec. 4., which he believes is why the I-131 and I-765 was approved on the same day.
However, I asked for a fee reduction due to his lack of service. Due I have a valid argument? Any thoughts welcomed!
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Franklin,
I had OPT in 2003 , so should i be using that A# and should i mention YES for question, have you ever applied for employment authorization with USCIS
in G325A,
should i need to mention my part time jobs i worked while on F1 visa (i did not mention anything during 140)
I had OPT in 2003 , so should i be using that A# and should i mention YES for question, have you ever applied for employment authorization with USCIS
in G325A,
should i need to mention my part time jobs i worked while on F1 visa (i did not mention anything during 140)
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Hello all,
not sure if this topic has been touched before; if we have a i-485 application filed; do we qualify as:
1) non-permanent resident aliens
OR
2) non-resident aliens?
thanks
Filing I-485 makes you an 'adjustee' (Under Adjustment of Status).
But you continue to be a non-resident alien under AOS if you keep working on H1. If you switch to EAD/AP, you are just an Adjustee waiting for your status to be adjusted to that of a permanent resident.
not sure if this topic has been touched before; if we have a i-485 application filed; do we qualify as:
1) non-permanent resident aliens
OR
2) non-resident aliens?
thanks
Filing I-485 makes you an 'adjustee' (Under Adjustment of Status).
But you continue to be a non-resident alien under AOS if you keep working on H1. If you switch to EAD/AP, you are just an Adjustee waiting for your status to be adjusted to that of a permanent resident.
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Maybe it is because of your priority date :D:D:D.
I have had similar looking bills when I was in PA.
I have had similar looking bills when I was in PA.
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what address should i mail my I-131?. I did not file with my I485 application.there is a chicago address on form I131.should i mail it there?.
thanks
thanks
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Check this out....
http://timesofindia.indiatimes.com/Gandhigiri_works_US_to_give_more_Green_Cards/articleshow/2215001.cms
http://timesofindia.indiatimes.com/Gandhigiri_works_US_to_give_more_Green_Cards/articleshow/2215001.cms
Is this predominantly affecting those on consulting jobs?
Fellows,
I had my PERM labour and I-140 approved with priority date Dec 2005 in EB2 category. I changed my job in April and was hoping to get the priority date transferred to with new labour and I-140 from new employer. I have not started the GC process with new employer and am in good terms with old employer. With the priority dates being current for July (and probably for August too), what are the options I have:
1. Filing new labour and pray to get approved before end of August. Then file for I-140 and I-485 concurrently. Do I stand a chance there, with advertisement publishing and other formalities?
2. Can I file my I-485 with old employer while working with new employer. What are the documents I would need from old employer.
3. If answer to question 2 is 'yes', do I need to go back and work for old employer ever (before or after getting green card)?
Thanks
I had my PERM labour and I-140 approved with priority date Dec 2005 in EB2 category. I changed my job in April and was hoping to get the priority date transferred to with new labour and I-140 from new employer. I have not started the GC process with new employer and am in good terms with old employer. With the priority dates being current for July (and probably for August too), what are the options I have:
1. Filing new labour and pray to get approved before end of August. Then file for I-140 and I-485 concurrently. Do I stand a chance there, with advertisement publishing and other formalities?
2. Can I file my I-485 with old employer while working with new employer. What are the documents I would need from old employer.
3. If answer to question 2 is 'yes', do I need to go back and work for old employer ever (before or after getting green card)?
Thanks
