gc28262
07-29 11:04 PM
I don't think that dude knows what he is talking about. Anyway EB1 cases ARE separate from EB2/EB3 and ARE adjudicated separately than the rest. That's why it is current and I don't know what more that dude wanted...Just few months here and there in adjudication process of EB1 cases...so what? In this whole mess of years and years of waiting for others, what's the big deal?
This particular EB1 gc aspirant has been waiting for his gc even after 2-3 years of his PD becoming current. He don't want EB1 applications to be subjected to the processing times set for EB2/EB3 etc.
His point is, it does not make sense to wait 2-3 years for a GC once his date is current.
This particular EB1 gc aspirant has been waiting for his gc even after 2-3 years of his PD becoming current. He don't want EB1 applications to be subjected to the processing times set for EB2/EB3 etc.
His point is, it does not make sense to wait 2-3 years for a GC once his date is current.
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roseball
07-27 02:07 PM
I have a friend who filed is 485 on July 24th and he couldn't file for his spouse who was in india at that time.She is coming back on July 30 and planning to file for her I-485.My friend did not receive any receipt and what does he need to do in order to file for her i-485?
-Thanks
contributed $250 so far.
This is the way to unnecessarily complicate things. The best thing to do was to wait one more week and file together.....
Now, they have to include a copy of the courier receipt/delivery confirmation etc along with a letter explaining its a secondary I-485 pkg attached to so and so's primary package which was received by USCIS on a particular date.....I suggest writing the letter on a "bright colored paper" so its visible right away to the mailroom people....
-Thanks
contributed $250 so far.
This is the way to unnecessarily complicate things. The best thing to do was to wait one more week and file together.....
Now, they have to include a copy of the courier receipt/delivery confirmation etc along with a letter explaining its a secondary I-485 pkg attached to so and so's primary package which was received by USCIS on a particular date.....I suggest writing the letter on a "bright colored paper" so its visible right away to the mailroom people....
monkeyman
10-21 07:44 PM
You have taken a very risky proposition. The best bet is to talk to the lawyer and let him/her handle the situation. You could receive the RFE on 1 and on account of trying to mislead the USCIS may have some issues and could lead to a murky situation.
My friend's situation is even murkier - both him and his wife filed for I-485 (along with other documents). The hubby added his wife as dependent and the wife has added the hubby as dependent. So, they received two EADs each and two APs each. They also got 4 FP notices and when they went for FP the second time, the issue came to light. Now the two lawyers are trying to clear the issue - I am sure this is posted someplace in the forum.
Best bet is to talk to the lawyer.
My friend's situation is even murkier - both him and his wife filed for I-485 (along with other documents). The hubby added his wife as dependent and the wife has added the hubby as dependent. So, they received two EADs each and two APs each. They also got 4 FP notices and when they went for FP the second time, the issue came to light. Now the two lawyers are trying to clear the issue - I am sure this is posted someplace in the forum.
Best bet is to talk to the lawyer.
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nanneh
04-27 06:51 PM
I think I had a birth certificate in native language(devangiri) and it had no name since I was named in a naming ceremony as per the customs and culture. I spoke to my attorney about this.She advised me that i get the BC transalated to english and for no name get affidavites by two people saying that the birth certificate was indeed me and i was named later as per customs and culture.I got affidavtes sworn by my mother and father.
Also I dont think that you should have names of both father and mother in BC . ninety pecenty of Birth Certificates issued in India only have fathers name on it.
This is my expereince but i would suggest please consult an attorney.
Yes milind70, you are right. That is the reason i am looking specific format which contains Father's and Mother's information on "BC".
Also I dont think that you should have names of both father and mother in BC . ninety pecenty of Birth Certificates issued in India only have fathers name on it.
This is my expereince but i would suggest please consult an attorney.
Yes milind70, you are right. That is the reason i am looking specific format which contains Father's and Mother's information on "BC".
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abhijitp
11-14 09:19 PM
Some folks are disappointed with the latest bulletin? Well, what else were you expecting?
And why should you care? One of IV's goals is to abolish retrogression and take away all the glamor associated with priority dates and visa bulletins! So, wake up if you haven't already... join your state chapter, and become an active member!
And why should you care? One of IV's goals is to abolish retrogression and take away all the glamor associated with priority dates and visa bulletins! So, wake up if you haven't already... join your state chapter, and become an active member!
lostinbeta
10-16 01:00 PM
It is a default shape in Photoshop 7. You can view my attachment to see what it looks like.
They might have it in Photoshop 6, not sure.
They might have it in Photoshop 6, not sure.
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mallu
07-19 08:49 PM
And ask many Indians,Chinese etc about their namecheck experience :-)
But this won't be easy "Do you want us to compromise on national security", will be the first question asked . They will acknowledge the applicants pain and won't budge . "We know thousands like you are getting screwed for many years, but national security is foremost'.
I really hope they rely on electronic documents and don't push paper from one office to another.
First, I would like to congratulate each and every member of IV for having an effect on USCIS and successfully able to submit the 485 in July. The things that mattered were the unity and direction / advise from the core team. Its a victory by any standard.
The next big problem will be the delay in FBI name check. With the very little workload they have there are backlogged cases from 2003. It is again like a black box (Hope you remember philly BEC). You can do anything you want but FBI wont budge. And with this extra 200K + applications, the situation would get worse and worse. You really do not want to get stuck here for years. The only thing that works is WOM, and thats not an easy thing to do.
I would strongly urge the core team to consider this as an agenda along with ongoing effort of legislative solution of retrogression (Increasing the number of GCs). I would also ask all the members who were able to file 485 to read some of the forums (Yahoo namecheck tracker, immigration.com etc), and prepare yourself of what is coming. Right now, if you are unlucky, you get stuck, but later if you are lucky, you will get through.
We will win at the end, because we have not done anything wrong. Just keep unity.
Thanks
I contributed $150
But this won't be easy "Do you want us to compromise on national security", will be the first question asked . They will acknowledge the applicants pain and won't budge . "We know thousands like you are getting screwed for many years, but national security is foremost'.
I really hope they rely on electronic documents and don't push paper from one office to another.
First, I would like to congratulate each and every member of IV for having an effect on USCIS and successfully able to submit the 485 in July. The things that mattered were the unity and direction / advise from the core team. Its a victory by any standard.
The next big problem will be the delay in FBI name check. With the very little workload they have there are backlogged cases from 2003. It is again like a black box (Hope you remember philly BEC). You can do anything you want but FBI wont budge. And with this extra 200K + applications, the situation would get worse and worse. You really do not want to get stuck here for years. The only thing that works is WOM, and thats not an easy thing to do.
I would strongly urge the core team to consider this as an agenda along with ongoing effort of legislative solution of retrogression (Increasing the number of GCs). I would also ask all the members who were able to file 485 to read some of the forums (Yahoo namecheck tracker, immigration.com etc), and prepare yourself of what is coming. Right now, if you are unlucky, you get stuck, but later if you are lucky, you will get through.
We will win at the end, because we have not done anything wrong. Just keep unity.
Thanks
I contributed $150
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sss9i
07-21 01:35 AM
What should I do now??
Nope, USCIS requests USPS to not to forward but return to sender if not delivered.
Nope, USCIS requests USPS to not to forward but return to sender if not delivered.
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smuggymba
10-08 05:14 PM
GCNirvana007 - Who filed you PERM? Who provided you with approved I-140? Who filed ur GC? ....company A.............right.............so u have to work for company A and yes u r obligated legally from USCIS perspective to work with them. Don't tell me u don't know this. Going thru GC process, one almost becomes an immigration lawyer so you should know this if u don't already.
Recent H1-B company B has nothing to do with GC.
Bottomline - Why did u file GC in EB category? ANSWER - To work for that employer A.
Now u r saying something about company C running ur payroll.
Ok. So whoever runs my payroll is my employer. Lets say its Company C.
Question is
Am I obligated to Company A in any way?
Am I obligated to Company B which had my recent H1B?
Based on the answers i am assuming no but will wait to hear from you guys.
Recent H1-B company B has nothing to do with GC.
Bottomline - Why did u file GC in EB category? ANSWER - To work for that employer A.
Now u r saying something about company C running ur payroll.
Ok. So whoever runs my payroll is my employer. Lets say its Company C.
Question is
Am I obligated to Company A in any way?
Am I obligated to Company B which had my recent H1B?
Based on the answers i am assuming no but will wait to hear from you guys.
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mrdelhiite
07-16 08:31 AM
They are entitled fro thier opinior and so are we as immigrants.
We are doing a great job so far, but have to do better.
Long live IV Core and its members!
I agree :)
-M
We are doing a great job so far, but have to do better.
Long live IV Core and its members!
I agree :)
-M
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vikramy
11-19 07:00 PM
Today there was LUD on my 140 application which was approved 1 year back. What does this mean? I received my EAD and AP is approved.
Sorry to ask this question on this thread, but i think i don't have ability to create new thread?
Can some one help please?
My PD is Feb 2006 and I am EB3 India
Sorry to ask this question on this thread, but i think i don't have ability to create new thread?
Can some one help please?
My PD is Feb 2006 and I am EB3 India
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chanduv23
10-02 08:06 AM
^^^^^^^^^^^
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indygc
12-22 12:24 AM
Thanks guys for all your inputs.
God bless redcard & IVG*..give them some peace.
God bless redcard & IVG*..give them some peace.
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AmericanInSpain
04-08 11:46 AM
I have a similar situation and I want to hear more about working remotely using a non-work resident visa...
- I am a US citizen preparing to telecommute for 18 months from Spain. I'm employed by a US company, and will continue receiving US dollars in my US bank account.
- I am moving to Spain using a Multiple-Entry Long-term Student Family Visa. My husband will attend business school there in Spain, and I will be granted the visa as his dependent. We will obtain Student Residence Permits once we arrive in Spain this August.
- My US company has no offices in Spain, nor does it pay any Spanish taxes. The work I would be doing would be for the US, on a US internet domain, and I would be paid in US dollars.
My company's legal counsel is saying I must obtain a work permit to legally work remotely from Spain. But my company has no existing entity there!
I saw "Frostrated"s thread below and was hoping someone could provide more on the topic. Thanks!
Spain has two types of resident visas. One that allows you to work, and the other that is purely for residence only. If you have a residence visa that allows you to work, you have to find employment with a Spain company within 30 days of your visa being approved or your entry into Spain, which ever is later.
About you working from Spain on a non-work resident visa, it is possible, as long as the work that you perform is for a company that is outside of Spain, has no offices in Spain and does not file business taxes in Spain. It is equal to you working for yourself without pay or benefits. Whatever you earn, you are earning in a foreign country where Spain does not have jurisdiction.
- I am a US citizen preparing to telecommute for 18 months from Spain. I'm employed by a US company, and will continue receiving US dollars in my US bank account.
- I am moving to Spain using a Multiple-Entry Long-term Student Family Visa. My husband will attend business school there in Spain, and I will be granted the visa as his dependent. We will obtain Student Residence Permits once we arrive in Spain this August.
- My US company has no offices in Spain, nor does it pay any Spanish taxes. The work I would be doing would be for the US, on a US internet domain, and I would be paid in US dollars.
My company's legal counsel is saying I must obtain a work permit to legally work remotely from Spain. But my company has no existing entity there!
I saw "Frostrated"s thread below and was hoping someone could provide more on the topic. Thanks!
Spain has two types of resident visas. One that allows you to work, and the other that is purely for residence only. If you have a residence visa that allows you to work, you have to find employment with a Spain company within 30 days of your visa being approved or your entry into Spain, which ever is later.
About you working from Spain on a non-work resident visa, it is possible, as long as the work that you perform is for a company that is outside of Spain, has no offices in Spain and does not file business taxes in Spain. It is equal to you working for yourself without pay or benefits. Whatever you earn, you are earning in a foreign country where Spain does not have jurisdiction.
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purplehazea
05-11 12:50 PM
800 989 TALK - I confirmed it
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ryan
01-26 04:38 PM
[QUOTE Ryan, As I mentioned it is not about us (parents). We either ignore it or dont come across it openly. I have been out of india for long time now but never had to consider this before. It is different for children and playgrounds, it is not about missing india. Maybe you dont have small children or if you do please let me know the different cities you have lived so far and I will appreciate it.
Thanks[/QUOTE]
Hey there, I guess, I better understand where you are coming from. I would think, generally a more multi-cultural and tolerant town, perhaps NYC or NJ / Philly / ATL or California could better fit what you are looking for.
That said, you'd find the good and the bad in every set of baskets. We can either better educate and make aware, our children, as well as those around us, and / or choose to move, as you may have chosen to do so. Hope that was somewhat helpful. Cheers.
Thanks[/QUOTE]
Hey there, I guess, I better understand where you are coming from. I would think, generally a more multi-cultural and tolerant town, perhaps NYC or NJ / Philly / ATL or California could better fit what you are looking for.
That said, you'd find the good and the bad in every set of baskets. We can either better educate and make aware, our children, as well as those around us, and / or choose to move, as you may have chosen to do so. Hope that was somewhat helpful. Cheers.
more...
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I-485 approval
08-20 12:37 PM
Hi Bheemi,
Thanks for your response. I did go the infopass and they said that my case is now under EB2 but they are not willing to give any written proof that my case is under Eb2. They told me that they sent a letter to my lawyer 2 weeks ago but so far my lawyer didn't recieve any letter from them.
Did you get your approval? if yes how much time it took for the entire process (after upgrade from Eb3 to Eb2)
Thanks
Thanks for your response. I did go the infopass and they said that my case is now under EB2 but they are not willing to give any written proof that my case is under Eb2. They told me that they sent a letter to my lawyer 2 weeks ago but so far my lawyer didn't recieve any letter from them.
Did you get your approval? if yes how much time it took for the entire process (after upgrade from Eb3 to Eb2)
Thanks
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kate123
04-07 07:31 AM
I have seen few posts on , here is one of them http://www..com/usa-discussion-forums/i485-eb/677347613/got-email-from-nvcattorney-state-gov-to-pay-794-spam
There two other cases on who have received similar notices from NVC to pay invoice fees.. Their priority dates are July 2007 and Nov 2007
There two other cases on who have received similar notices from NVC to pay invoice fees.. Their priority dates are July 2007 and Nov 2007
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GCScrewed
07-12 10:47 AM
actually, i think that the EB3 will also make rapid advances come October.
with the quota exhausted for this year, and the pre-adjudication taking place and with most of the EB3 India applicants having received their GC between 2002 and 2005, i think the dates will advance to 2003 by Dec and to mid 2004 by Feb/March. After that, it is anyone's guess if the quota for India will hold out. As for me, I see at least another year or two wait for my GC, unless the Congress passes a miracle.
Sorry dude for saying this... but you must be in an illusion. There are tons of EB3s before 2005 simply because before that time, there was no retrogression for quite a while and nobody cared about EB2/EB3 that much.:rolleyes:
with the quota exhausted for this year, and the pre-adjudication taking place and with most of the EB3 India applicants having received their GC between 2002 and 2005, i think the dates will advance to 2003 by Dec and to mid 2004 by Feb/March. After that, it is anyone's guess if the quota for India will hold out. As for me, I see at least another year or two wait for my GC, unless the Congress passes a miracle.
Sorry dude for saying this... but you must be in an illusion. There are tons of EB3s before 2005 simply because before that time, there was no retrogression for quite a while and nobody cared about EB2/EB3 that much.:rolleyes:
BEC_fog
04-23 10:55 AM
Yes, that means your I-140 is "filed" under EB2...But note that USCIS can always comeback & say it "can" or "can not" be approved under Eb2 based on the job description in Labor.
In rare scenarios, USCIS comes back with a "NO" to Eb2, especially if the JOB description in Labor does not suit an Eb2 requirement. But in 99% of the cases, its fine (because, attorneys normally don't file it under Eb2 if its not one).
All the best!!
I read this on immigration-law.com which says that USCIS lost a lawsuit about its ability to look into the employer's requirement for job.
04/17/2007: Jurisdictions for USCIS and DOL in the Labor Certification Employment-Based Immigration
* In the labor certification based immigration proceedings, there are two federal agencies involved: One is the Department of Labor and the other is Department of Homeland Security USCIS. The immigration statutes give the jurisdiction of the U.S. labor market test government function over to the U.S. Department of Labor and one of the key elements of the labor market test is the description and requirement of jobs and prevailing wage in the intended area of employment. Accordingly, when it comes to the issue of the employer's requirement for job, it has remained the jurisdiction of the USDOL. However, sometimes, the USCIS, in adjudicating I-140 immigrant petitions, tends to overstep into the issues which clearly fall under the jurisdiction of its sister agency, DOL.
* Well, this jurisdictional issue was brought to the U.S. Court of Appeals in the 7th Circuit in Hossier Cares, Inc. v. Chertoff , Case #06-3652 (7th Cir, April 11, 2007) [Click "Opinion" to Download], which ruled that when it comes to the employer's job requirement issues, it is clearly the jurisdiction of the DOL and the USCIS should have no business to mess up with the issue. Isn't it something?!? The court says to the USCIS that you mind your own business with the issue of whether alien beneficiary is qualified for the job and stay out of the business of the employer's needs. Hoorah!
In rare scenarios, USCIS comes back with a "NO" to Eb2, especially if the JOB description in Labor does not suit an Eb2 requirement. But in 99% of the cases, its fine (because, attorneys normally don't file it under Eb2 if its not one).
All the best!!
I read this on immigration-law.com which says that USCIS lost a lawsuit about its ability to look into the employer's requirement for job.
04/17/2007: Jurisdictions for USCIS and DOL in the Labor Certification Employment-Based Immigration
* In the labor certification based immigration proceedings, there are two federal agencies involved: One is the Department of Labor and the other is Department of Homeland Security USCIS. The immigration statutes give the jurisdiction of the U.S. labor market test government function over to the U.S. Department of Labor and one of the key elements of the labor market test is the description and requirement of jobs and prevailing wage in the intended area of employment. Accordingly, when it comes to the issue of the employer's requirement for job, it has remained the jurisdiction of the USDOL. However, sometimes, the USCIS, in adjudicating I-140 immigrant petitions, tends to overstep into the issues which clearly fall under the jurisdiction of its sister agency, DOL.
* Well, this jurisdictional issue was brought to the U.S. Court of Appeals in the 7th Circuit in Hossier Cares, Inc. v. Chertoff , Case #06-3652 (7th Cir, April 11, 2007) [Click "Opinion" to Download], which ruled that when it comes to the employer's job requirement issues, it is clearly the jurisdiction of the DOL and the USCIS should have no business to mess up with the issue. Isn't it something?!? The court says to the USCIS that you mind your own business with the issue of whether alien beneficiary is qualified for the job and stay out of the business of the employer's needs. Hoorah!
ilikekilo
04-13 10:07 AM
I have recently switched the job using AC21. I have to move my 401K from my old previous company but here is the issue: in my new company I will not be eligible for the 401 till I complete 6 months with the new company.
If thinking of moving it to IRA account, please let me know what is the procedure involved?
I will really appreciate if some can suggest me what are my other options.
Thanks,
not sure who your old company's brokerage firm is however u should be able to shit all ur 401k to a roth IRA or whatever, however iam not sure abth te tax consequences...calling them is the best way to get ot know more
If thinking of moving it to IRA account, please let me know what is the procedure involved?
I will really appreciate if some can suggest me what are my other options.
Thanks,
not sure who your old company's brokerage firm is however u should be able to shit all ur 401k to a roth IRA or whatever, however iam not sure abth te tax consequences...calling them is the best way to get ot know more
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