immigrant
05-24 12:54 PM
Hope it has an impact
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savigans
10-24 05:01 PM
I'm in a similar situation:
EB2 LC Priority Date: August 25, 06
I-140 pending
Received I-1485 receipt notice and EAD
I-485 Reciept Date: August 1st, 07
I want to do an internal move from the position of "Software Engineer, Test Automation" to "Software Engineer, Webapp Developer". The job duties are similar but not exactly the same. Also, the job qualifications for the first job required BS + 5 (which I don't have yet) or MS (which I have). My company specifically made it this way for me. But the job qualifications for the new job is just BS + 3 (this is apparently not EB2). But now they are not willing to change the job qualifications for the new job to be EB2 since they have to do recruiting/advertisement reports, etc. for the new position.
My lawyer says its illegal to change job duties w/o notifying USCIS. They say I cannot do that even with an approved EAD. Is this true? If so, is there any USCIS documentation backing this.
Thank you for all the great work you guys do.
EB2 LC Priority Date: August 25, 06
I-140 pending
Received I-1485 receipt notice and EAD
I-485 Reciept Date: August 1st, 07
I want to do an internal move from the position of "Software Engineer, Test Automation" to "Software Engineer, Webapp Developer". The job duties are similar but not exactly the same. Also, the job qualifications for the first job required BS + 5 (which I don't have yet) or MS (which I have). My company specifically made it this way for me. But the job qualifications for the new job is just BS + 3 (this is apparently not EB2). But now they are not willing to change the job qualifications for the new job to be EB2 since they have to do recruiting/advertisement reports, etc. for the new position.
My lawyer says its illegal to change job duties w/o notifying USCIS. They say I cannot do that even with an approved EAD. Is this true? If so, is there any USCIS documentation backing this.
Thank you for all the great work you guys do.
qualified_trash
10-06 08:47 PM
From Murthy.com
" AC21 portability is generally available to an individual who is the beneficiary of an approved I-140 and whose I-485 has been pending at least 180 days. The benefits of AC21 portability are available to any otherwise qualified individual, even if there is not an available visa number for his/her case."
if the PD becomes current and someone files the 485 and then retrogresses, they are the ones that can use this
"As long as the person had previously filed the I-485 when the priority dates were current and that I-485 remains pending, one does not need to have a current priority date in order to change jobs under AC21"
from the link http://www.murthy.com/news/n_porret.html
" AC21 portability is generally available to an individual who is the beneficiary of an approved I-140 and whose I-485 has been pending at least 180 days. The benefits of AC21 portability are available to any otherwise qualified individual, even if there is not an available visa number for his/her case."
if the PD becomes current and someone files the 485 and then retrogresses, they are the ones that can use this
"As long as the person had previously filed the I-485 when the priority dates were current and that I-485 remains pending, one does not need to have a current priority date in order to change jobs under AC21"
from the link http://www.murthy.com/news/n_porret.html
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delhirocks
07-11 04:55 PM
Dependents don't need SS# to file. Only primary applicant is required to have SSN.
You need either a SSN or a TIN to claim someone as a dependent. (Iam not sure if it applies to kids, but surely to adults)
You need either a SSN or a TIN to claim someone as a dependent. (Iam not sure if it applies to kids, but surely to adults)
more...
sammyb
11-19 04:54 PM
Mine is LC SUB PD May 2001/EB2. File on visa fiasco, no update no LUD on any file other than EAD.
So do not get angree on people who used LC SUb.
my point is don't try to forget your route and the path that you travelled to reach the point where you are today ... it is as simple as that ... anyway I should stop writing about this and rather go home early ;) ...
So do not get angree on people who used LC SUb.
my point is don't try to forget your route and the path that you travelled to reach the point where you are today ... it is as simple as that ... anyway I should stop writing about this and rather go home early ;) ...
chintainfogc
08-31 04:04 PM
I am in the same boat, My I-485 was approved on Aug 5th, so far no cards received.
Also, i received SR (which i opened on 8/3) response 2 weeks back "saying my I-485 was approved and my application is waiting for bio-metrics for whichi will receive an ASC appointment later" so far i have not received bio-metrics appointment either.
I guess, i should wait for 30 days and take an info pass or open a SR.
Thanks
chintainfogc
Also, i received SR (which i opened on 8/3) response 2 weeks back "saying my I-485 was approved and my application is waiting for bio-metrics for whichi will receive an ASC appointment later" so far i have not received bio-metrics appointment either.
I guess, i should wait for 30 days and take an info pass or open a SR.
Thanks
chintainfogc
more...
sxk
07-20 06:14 PM
My Birth Certificate is in the Regional Language of the State that I was born in India. The name of my parents are in English and misspelled. please advice what additional supporting documents do I need to submit for filing I-485.
Please advice.
Please advice.
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webm
11-19 11:09 AM
If you consider waiting from Feb 2005 is too long, then what you would say for those guys stuck still in BEC from 1999
I agree with you...
I agree with you...
more...
kaisersose
09-17 01:32 PM
Are you sure? Cause I did work with them, no one imagined the crisis of real estate was going to be soooo steep and also no one imagined that my i-485 was going to be approved so fast.
I can proof I worked with them from 2002-2006 (4 years). They gave me a letter saying they still not able to get me a job, i did have intent to work with them.
That is the point. It was not of your own volition.
Also, there is no rule that says citizenship is not available to people who do not work for the sponsoring employer for a certai nperiod of time after GC approval. It is just good practice to stick around for a few months after approval, but it is not law.
You will have no trouble. Change your status from bittersweet to sweet and have fun. Also, good luck finding a new job.
I can proof I worked with them from 2002-2006 (4 years). They gave me a letter saying they still not able to get me a job, i did have intent to work with them.
That is the point. It was not of your own volition.
Also, there is no rule that says citizenship is not available to people who do not work for the sponsoring employer for a certai nperiod of time after GC approval. It is just good practice to stick around for a few months after approval, but it is not law.
You will have no trouble. Change your status from bittersweet to sweet and have fun. Also, good luck finding a new job.
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VivekAhuja
06-16 07:52 PM
Never go directly to a bank for your mortgage. Let the lenders fight for your money! Plus mortgage companies will combine a few loans together, present to the bank and get a overall lower (group) rate.
more...

nozerd
08-11 10:25 AM
Is there anyone on the forum who is currently doing a daily commute between Canada & US in general, or Windsor and Detroit in particular ?
Can you please share your experiences ? Good or Bad
What are the frustrations,hassles, issues in doing this.
I have heard that during work commute hours the cars kleep moving fast and officials doint delay if you have proper papers, but on weekends its a nightmare (so wont affect us).
Any real experiences you can share will be appreciated.
Also p[pl from Detroit, MI can you share info on your city. Major employers, good areas to visit/live, desi life and culture etc.
Thanks
Can you please share your experiences ? Good or Bad
What are the frustrations,hassles, issues in doing this.
I have heard that during work commute hours the cars kleep moving fast and officials doint delay if you have proper papers, but on weekends its a nightmare (so wont affect us).
Any real experiences you can share will be appreciated.
Also p[pl from Detroit, MI can you share info on your city. Major employers, good areas to visit/live, desi life and culture etc.
Thanks
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gc28262
08-17 05:25 PM
Exactly but mere emphasis solely on educational qualification is unfortunate as after few years in job market, your skills & experience has more leverage than the degree and I am saying this based on my personal experience. In our group I was the one with least amount of formal education but still I got promoted 2 times ahead of Masters degree holders form US and foreign universities.
The issue here is, USCIS is a government agency. They are incapable of making a subjective determination of a person's capability. All they go by is the degree certificate which can be seen on a piece of paper.
As per INA/USCIS, many of the following won't qualify for EB2:
CEOs-Without-College-Degrees: Personal Finance News from Yahoo! Finance (http://finance.yahoo.com/career-work/article/107139/CEOs-Without-College-Degrees?mod=career-leadership)
The issue here is, USCIS is a government agency. They are incapable of making a subjective determination of a person's capability. All they go by is the degree certificate which can be seen on a piece of paper.
As per INA/USCIS, many of the following won't qualify for EB2:
CEOs-Without-College-Degrees: Personal Finance News from Yahoo! Finance (http://finance.yahoo.com/career-work/article/107139/CEOs-Without-College-Degrees?mod=career-leadership)
more...
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nixstor
08-29 01:19 PM
Do they seek some sort of public opinion? If yes, Is that open to non U S citizens? Is there some kind of voting involved? We can touch base with UTD Student Associations so that they can forward it to their alumni who are still in that area.
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apahilaj
05-10 11:23 AM
Same thing happened to mine. USCIS will pick up the packages from the USPS the next day so don't panic. Check for another status update tonight or Monday night, I'm 100% sure it'll say "delivered" then.
Thanks much! Your response is appreciated!
Thanks much! Your response is appreciated!
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krishna.ahd
02-16 05:05 PM
Let me get the Green Card First , say probably within decade , then we will talk about this
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mkashif4
08-04 10:23 AM
I am switching job using my EAD and my 485 was filed 2 years ago (EB2 Sept 2006 priority date). I-140 is also approved. My new employer will not sponsor for green card or H1 but the job is similar, actually it is exactly the same as I am merely taking a full time position in my client's company. My old employer is OK with the move and have even offered me to be on their payroll until i get my GC. Can I have two employers?
more...
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glus
01-15 09:37 AM
Hey Everyone,
My brother is a US citizen who has filed an I-130 for me and my family in May, 2008. We've traveled to the US on B1/B2 visas in February, 2009. The thing about it is that in the DS-156 form point "36. Has Anyone Ever Filed an Immigrant Visa Petition on Your Behalf?" we've answered "No". I've had no idea at that time that it was referring to the petition for alien relative. Anyways, we've returned back home in time. Also, I've had 3 visas before (2 tourist and 1 student) and never violated any immigration laws.
Then in December, 2009 we've applied for F-1 visa and got denied. This time it was a DS-160 form that we filled out which replaced the old DS-156 form. It didn't have that question about the petition anymore. I think they've decided to exclude it because a lot of people were confused by it. Anyways, the consulate officer didn't like the fact that I haven't transferred my credits from 2 courses of University that I've completed in my home country. Plus my major differed from my previous education course.
So my question is. Is it ok to apply for F-1 visa while I-130 is pending? I mean we've been issued B1/B2 visas before. Even though we've answered "No" to that question, they saw that I had a brother in the US who is a US citizen. I'm thinking of transferring my credits and using same major course this time or at least similar. This way in the eyes of the consulate officer it will look as I am going to the US to finish my education. The thing is, I am planning to attend community college first in order to finish general courses and then transfer to the university. My major in my home university was physics and this community college doesn't have it. I may go with "general education" course at the community college and explain to the consulate officer my situation.
Is it even legal to apply for F-1 visa while I-130 is pending? I believe so. My another question is. Once I finish education. What's the next step would be? Will it be easy to transfer from F-1 to H1B visa while I-130 is pending? What about my wife and a baby who will be on F-2 status? Please share your thoughts. Thank you!
hello,
Generally speaking, F-1 is a visa with pure non-immigrant intent. By filing I-130, your brother showed you intend to immigrate to the U.S. As such, most likely F-1 can't be approved. If you said NO when they asked if anyone ever filed an immigrant petition for you, you may be held accountable for committing fraud for immigration purposes. If USCIS realizes you lied on your non immigrant petition, you may become inadmissible and deportable. Consequently, I would consult with an attorney before applying for F-1. Hope this helps.
Under current immigration law, one cannot be issued a non-immigrant visa which carries no dual intent, if one intends to immigrate to the U.S. If you had answered YES on your DS-156, the consular officer would have no legal basis to issue to you a tourist visa.
Best Wishes,
My brother is a US citizen who has filed an I-130 for me and my family in May, 2008. We've traveled to the US on B1/B2 visas in February, 2009. The thing about it is that in the DS-156 form point "36. Has Anyone Ever Filed an Immigrant Visa Petition on Your Behalf?" we've answered "No". I've had no idea at that time that it was referring to the petition for alien relative. Anyways, we've returned back home in time. Also, I've had 3 visas before (2 tourist and 1 student) and never violated any immigration laws.
Then in December, 2009 we've applied for F-1 visa and got denied. This time it was a DS-160 form that we filled out which replaced the old DS-156 form. It didn't have that question about the petition anymore. I think they've decided to exclude it because a lot of people were confused by it. Anyways, the consulate officer didn't like the fact that I haven't transferred my credits from 2 courses of University that I've completed in my home country. Plus my major differed from my previous education course.
So my question is. Is it ok to apply for F-1 visa while I-130 is pending? I mean we've been issued B1/B2 visas before. Even though we've answered "No" to that question, they saw that I had a brother in the US who is a US citizen. I'm thinking of transferring my credits and using same major course this time or at least similar. This way in the eyes of the consulate officer it will look as I am going to the US to finish my education. The thing is, I am planning to attend community college first in order to finish general courses and then transfer to the university. My major in my home university was physics and this community college doesn't have it. I may go with "general education" course at the community college and explain to the consulate officer my situation.
Is it even legal to apply for F-1 visa while I-130 is pending? I believe so. My another question is. Once I finish education. What's the next step would be? Will it be easy to transfer from F-1 to H1B visa while I-130 is pending? What about my wife and a baby who will be on F-2 status? Please share your thoughts. Thank you!
hello,
Generally speaking, F-1 is a visa with pure non-immigrant intent. By filing I-130, your brother showed you intend to immigrate to the U.S. As such, most likely F-1 can't be approved. If you said NO when they asked if anyone ever filed an immigrant petition for you, you may be held accountable for committing fraud for immigration purposes. If USCIS realizes you lied on your non immigrant petition, you may become inadmissible and deportable. Consequently, I would consult with an attorney before applying for F-1. Hope this helps.
Under current immigration law, one cannot be issued a non-immigrant visa which carries no dual intent, if one intends to immigrate to the U.S. If you had answered YES on your DS-156, the consular officer would have no legal basis to issue to you a tourist visa.
Best Wishes,
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qplearn
10-10 10:18 AM
does that mean no beer!! :-))
Yes, all the beer you want my friend, but just wait until I get another job. :)
I really need to thank you from the bottom of my heart, bcuz this was just the right moment for me to get this piece of information (I was under the impression that although you can keep your PD, you have to do labor, I-140 again.) For some reason, I had kept hearing a lot of mixed messages about AC21.
I just confirmed all this with my lawyer as well.
qplearn
Yes, all the beer you want my friend, but just wait until I get another job. :)
I really need to thank you from the bottom of my heart, bcuz this was just the right moment for me to get this piece of information (I was under the impression that although you can keep your PD, you have to do labor, I-140 again.) For some reason, I had kept hearing a lot of mixed messages about AC21.
I just confirmed all this with my lawyer as well.
qplearn
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sk.aggarwal
11-12 01:48 PM
Thanks for sharing the link, I will go through this.
It is not about money. I have absolutely no problem giving even 100$s per month for the cause if I know how my hard earned money is being spend. Actions like deleting threads, banning users just for asking reports, makes people uncomfortable. Have you seen the financial report at Eb3 Chinese Financial Report - ��›-�‰�-��Œ�š秿�-‘�•�-‹信�‰˜�Ÿ��‡‘ (http://www.eb3chinese.org/5.html).
BTW, Hari if IV doesn't show you the links to donar forum, how will you know what you are missing ...
just my 2 cents.
It is not about money. I have absolutely no problem giving even 100$s per month for the cause if I know how my hard earned money is being spend. Actions like deleting threads, banning users just for asking reports, makes people uncomfortable. Have you seen the financial report at Eb3 Chinese Financial Report - ��›-�‰�-��Œ�š秿�-‘�•�-‹信�‰˜�Ÿ��‡‘ (http://www.eb3chinese.org/5.html).
BTW, Hari if IV doesn't show you the links to donar forum, how will you know what you are missing ...
just my 2 cents.
bbenhill
08-05 05:54 PM
what kind of logic / law is here, if you are a US citizen you can marry and bring your spouse, if you are on pending 485 you can bring but if you become LPR you have to wait for 5 years......
Is there any background for this restriction......... looks stupid to me.:mad:
Well H1B can bring their spouse using H4 .. so I guess GC holder can not bring their spouse .. I guess this is a hole in the system.
Is there any background for this restriction......... looks stupid to me.:mad:
Well H1B can bring their spouse using H4 .. so I guess GC holder can not bring their spouse .. I guess this is a hole in the system.
LostInGCProcess
09-17 12:19 PM
TV25,
1) You were in H4 at first when U came to this country.
2) Then you were sponsored(H1) by some company.
3) you worked for 3 months.
4) went overseas to get stamped(visa) for H1. But they put you on hold for administrative process.
5) You decided to return with H4 visa that was valid at that time. (although technically you are not supposed to enter using H4 since you already started working on H1)
6) You came back to US on H4.
7) Get a letter from USCIS that h1 is denied.
What surprised me the whole time was, why did the consulate not cancel the existing H4 visa, since your status already changed?
That's the first thing they do, when you go for visa stamping...they cancel without prejudice, and issue a new visa....even if its going thru a administrative process, they would still cancel it, cause the assumption is you are going to get the new visa once the process is complete.
1) You were in H4 at first when U came to this country.
2) Then you were sponsored(H1) by some company.
3) you worked for 3 months.
4) went overseas to get stamped(visa) for H1. But they put you on hold for administrative process.
5) You decided to return with H4 visa that was valid at that time. (although technically you are not supposed to enter using H4 since you already started working on H1)
6) You came back to US on H4.
7) Get a letter from USCIS that h1 is denied.
What surprised me the whole time was, why did the consulate not cancel the existing H4 visa, since your status already changed?
That's the first thing they do, when you go for visa stamping...they cancel without prejudice, and issue a new visa....even if its going thru a administrative process, they would still cancel it, cause the assumption is you are going to get the new visa once the process is complete.