new2perm
05-29 10:03 AM
Can you share your company lawyer's name before when you are spreading these kind of speculative rumors ....use commonsense before posting
Can you please read the following statement in my above post?.. 'I dont know how true it is...just sharing what I have heard.'
Can you please read the following statement in my above post?.. 'I dont know how true it is...just sharing what I have heard.'
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senk1s
09-23 12:22 PM
there is a posting on immigration-law.com stating 2 yr EAD is for i140 approved applicants only - but that is not true in our case
file485
09-27 11:16 AM
this is a hot topic right now..!!
many of us who filed our labor right in the age-old days, atleast me,had no idea of EB2/3 category and it will affect our life so drastically. The paralegal/attnys just filed it(at that point of time just filing the LC was crucial..)
anyway,for retaining the old EB3 PD for the later EB2 date..should the salaries match..?? obviuosly, they wouldnt...?? then how will this be doable..
In no way,this situation can be treated as a substituted labor...
So may I take it from this thread, bottom line that we cant do it..
many of us who filed our labor right in the age-old days, atleast me,had no idea of EB2/3 category and it will affect our life so drastically. The paralegal/attnys just filed it(at that point of time just filing the LC was crucial..)
anyway,for retaining the old EB3 PD for the later EB2 date..should the salaries match..?? obviuosly, they wouldnt...?? then how will this be doable..
In no way,this situation can be treated as a substituted labor...
So may I take it from this thread, bottom line that we cant do it..
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trueguy
08-08 05:53 PM
Guys,
We have to come up with some numbers so we can plan our life ahead. Please vote only if your Application is pending. This is not for EB3-I who are already approved.
Thanks.
We have to come up with some numbers so we can plan our life ahead. Please vote only if your Application is pending. This is not for EB3-I who are already approved.
Thanks.
more...
villamonte6100
06-27 11:05 AM
Why are you trusting your lawyer if they cannot even remember where the A# came from? Makes me wonder how they justify their existence if this the level of their competence. If I was that bad at my job I would have been on a plane out of the US within a week or arriving.
She's a good lawyer and I trust her and she has made a lot of successful H's, I140, Labor and GC cases. Very honest as well. So far in my case, we never had any problems and everything went smooth particularly when we were filing my PERM (which was very new during that time), she was really very cautious about it.
Regarding the A# which I pointed out to her, I actually confused her with my question. With the number of cases she's preparing right now, I think she just forgot where you could find the A#.
She's a good lawyer and I trust her and she has made a lot of successful H's, I140, Labor and GC cases. Very honest as well. So far in my case, we never had any problems and everything went smooth particularly when we were filing my PERM (which was very new during that time), she was really very cautious about it.
Regarding the A# which I pointed out to her, I actually confused her with my question. With the number of cases she's preparing right now, I think she just forgot where you could find the A#.
VA2008
09-25 11:56 AM
Great find! I printed and posted it my office.
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TigerAmit
09-23 05:32 PM
Is it possible that they reject my application because my both PDs are not current ?
( EB3, 10-Nov-2004 as PD Which is not current and EB2, 10-Aug-2007 as PD which is not current either as per Aug and Sept months visa dates ) ?
My Lawyer cited following in cover letter to prove that I am eligible for AOS.
"The purpose of this correspondence is to inform you of the difficulties our office is facing when submitting an I-485 application on behalf of our client Mr.X. Mr.X is the beneficiary of two (2) approved I-140 petitions. Our cover letters to the USCIS have clearly evidenced Mr.X's eligibility to apply for Adjustment of Status pursuant of 8 C.F.R. Section 204.5(e) which states in relevant part:
A petition approved on behalf of an alien under sections 203(b)(1), (2), or (3) of the act accords the alien the priority date of approved petition for any subsequently filed petition for any classification under sections 203(b)(1), (2), or (3) of the act for which the alien may qualify. In the event that the alien is the beneficiary of multiple petitions under sections 203(b)(1), (2), or (3) of the act, the alien shall be entitled to the earliest priority date.
"
At-least I want verify that based on two PD's I am eligible to file for AOS.
( EB3, 10-Nov-2004 as PD Which is not current and EB2, 10-Aug-2007 as PD which is not current either as per Aug and Sept months visa dates ) ?
My Lawyer cited following in cover letter to prove that I am eligible for AOS.
"The purpose of this correspondence is to inform you of the difficulties our office is facing when submitting an I-485 application on behalf of our client Mr.X. Mr.X is the beneficiary of two (2) approved I-140 petitions. Our cover letters to the USCIS have clearly evidenced Mr.X's eligibility to apply for Adjustment of Status pursuant of 8 C.F.R. Section 204.5(e) which states in relevant part:
A petition approved on behalf of an alien under sections 203(b)(1), (2), or (3) of the act accords the alien the priority date of approved petition for any subsequently filed petition for any classification under sections 203(b)(1), (2), or (3) of the act for which the alien may qualify. In the event that the alien is the beneficiary of multiple petitions under sections 203(b)(1), (2), or (3) of the act, the alien shall be entitled to the earliest priority date.
"
At-least I want verify that based on two PD's I am eligible to file for AOS.
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new_phd
04-14 05:41 PM
Read clearly, the statement is very clear. It says "If the Green Card applicant .... is the child or spouse of ...."
It means that if you-the applicant - has either of your two parents or your spouse born in a country that is less impacted (or not impacted) by the country of chargeability wait time, then you can use their country of birth to apply to your application instead of your own.
Therefore, your parents and your spouse count as the only people you can use for cross chargeability. Not your kids.
Hope this helps.
Hi,
I am Canadian citizen lived in Canada for 9 years. In 2005, I moved to USA on TN visa. Here is my case details.....
Priority Date : Jun-06
Category : EB2
I140 Approved : 08/15/2006
Chargeability : India
Processing Stage : I-485, EAD, AP
I485 Mailed Date : 07/02/2007
My daughter is born in Canada in year 2000.
My quastion is can I use my daughter's birth country for cross chargeability. I know this is not very common, most of the time spouse's country of birth can be used for cross chargeability. But while I was googling I found the defination on the below website....
http://www.visapro.com/Immigration-Dictionary/C1.asp
Cross Chargeability : When a Green Card applicant is subject to a quota waiting list, but is the child or the spouse of persons born in a country with more favorable quota, the applicant may cross charge to the most favorable quota.
I would really appreciate your help.
Thanks
It means that if you-the applicant - has either of your two parents or your spouse born in a country that is less impacted (or not impacted) by the country of chargeability wait time, then you can use their country of birth to apply to your application instead of your own.
Therefore, your parents and your spouse count as the only people you can use for cross chargeability. Not your kids.
Hope this helps.
Hi,
I am Canadian citizen lived in Canada for 9 years. In 2005, I moved to USA on TN visa. Here is my case details.....
Priority Date : Jun-06
Category : EB2
I140 Approved : 08/15/2006
Chargeability : India
Processing Stage : I-485, EAD, AP
I485 Mailed Date : 07/02/2007
My daughter is born in Canada in year 2000.
My quastion is can I use my daughter's birth country for cross chargeability. I know this is not very common, most of the time spouse's country of birth can be used for cross chargeability. But while I was googling I found the defination on the below website....
http://www.visapro.com/Immigration-Dictionary/C1.asp
Cross Chargeability : When a Green Card applicant is subject to a quota waiting list, but is the child or the spouse of persons born in a country with more favorable quota, the applicant may cross charge to the most favorable quota.
I would really appreciate your help.
Thanks
more...
caond
05-07 11:29 AM
I did read the CFR before posting my previous reply. The passage above does not define what may be construed as a transfer; it merely describes the process.
How did you move from U. of colorado to VCU?
After I graduated in UC, I applied the postdoc in VCU (Aug/2007). My J1 visa is still J1-student, sponsored by UC, but they added "Academic Training" on it. It will be expired on July/2010.
Now I am applying for J1-scholar, sponsored by VCU to continue my project until 2013. And as you can see, they (VCU advisors) said the 12-month bar applied for my case. I dont know if they already cared about the exception.
As you advised to me, I will discuss with them about this case is "transfer/change category from J1-student to J1-scholar" not "new program" so the exception is applicable for my case. Is that right?
Thanks a ton again. I truly appreciate your help.
Cao
How did you move from U. of colorado to VCU?
After I graduated in UC, I applied the postdoc in VCU (Aug/2007). My J1 visa is still J1-student, sponsored by UC, but they added "Academic Training" on it. It will be expired on July/2010.
Now I am applying for J1-scholar, sponsored by VCU to continue my project until 2013. And as you can see, they (VCU advisors) said the 12-month bar applied for my case. I dont know if they already cared about the exception.
As you advised to me, I will discuss with them about this case is "transfer/change category from J1-student to J1-scholar" not "new program" so the exception is applicable for my case. Is that right?
Thanks a ton again. I truly appreciate your help.
Cao
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deepimpact
09-17 11:35 PM
do we know how much it is for this year?
For FY2010 it was ~ 10K and it was mentioned some time back on USCIS website that the spillover for FY2011 may be similar. But I guess we won't know until an official announcement is made.
For FY2010 it was ~ 10K and it was mentioned some time back on USCIS website that the spillover for FY2011 may be similar. But I guess we won't know until an official announcement is made.
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snathan
02-17 08:19 PM
currently iam working with vsginc they filed my greencard processing through different company axiom
i applied for 485 and iam past 180 days
i have never been on axiom payroll
can anybody tell me can i use ac21 portability ?
Thanks
You did your GC for future employement and never worked for them. Now you want to use AC21. Do you think this as a fraud. You will get into trouble sooner or later.
i applied for 485 and iam past 180 days
i have never been on axiom payroll
can anybody tell me can i use ac21 portability ?
Thanks
You did your GC for future employement and never worked for them. Now you want to use AC21. Do you think this as a fraud. You will get into trouble sooner or later.
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doctor
01-26 04:10 PM
Thank you so much for your responses so far, it is a good starting point for us.
[QUOTE=ryan;2280334]Please, don't take this wrong way. I assume you moved to the US to seek the positives this land has to offer your children, whilst holding on to certain cultures / values from your hometown. Hence, I don't understand why ..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=ryan;2280334]Please, don't take this wrong way. I assume you moved to the US to seek the positives this land has to offer your children, whilst holding on to certain cultures / values from your hometown. Hence, I don't understand why ..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
more...
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raysaikat
05-30 10:40 PM
Thanks a lot for the information.
I am just concerned about the fact that I do not have a job and have been unemployed for more than the 90 day OPT period. I'm not sure what my status is,given such a scenario.
Thanks!
You are allowed a maximum of 90 days of unemployment during the 12 month OPT period. After that, you are accumulating out of status days. I do not know what is the penalty for out of status days --- typically more than 180 days of out of status days are bad.
http://edocket.access.gpo.gov/2008/E8-7427.htm
2. Periods of Unemployment During OPT
DHS regulations currently define the period of an F-1 student's
status as the time the student is pursuing a full course of study at an
SEVP-certified school or engaging in authorized post-completion OPT. 8
CFR 214.2(f)(5). They do not specify how much time the student may be
unemployed, making it difficult to determine when an unemployed student
on post-completion OPT violates the requirements for remaining in F-1
status. As status during OPT is based on the premise that the F-1
student is working, there must be a limit on unemployment, just as the
F-1 student's period in school is based on the premise that he is
actually pursuing a full-time course of study, and there are limits on
how often the student can reduce his course load. An F-1 student who
drops out of school or does not pursue a full-time course of study
loses status; an F-1 student with OPT who is unemployed for a
significant period should similarly put his status in jeopardy.
Therefore, this rule specifies an aggregate maximum allowed period of
unemployment of 90 days for students on 12-month OPT. This maximum
period increases by 30 days for F-1 students who have an approved 17-
month OPT period. In addition to clarifying the student's status, this
measure allows time for job searches or a break when switching
employers.
http://www.ice.gov/sevis/updates_postcompletion_opt.htm#_Toc174419546
4.9. Unemployment time
The time spent without a qualifying job during post-completion OPT. Except as noted in the section on what counts as time unemployed, each day that the student is not employed in a qualifying job, is counted toward the limit on unemployment time. The limit is 90 days for students on post-completion OPT including those with a cap gap extension, except that students with a STEM OPT extension are given an additional 30 days of unemployment time for a maximum of 120 days.
I am just concerned about the fact that I do not have a job and have been unemployed for more than the 90 day OPT period. I'm not sure what my status is,given such a scenario.
Thanks!
You are allowed a maximum of 90 days of unemployment during the 12 month OPT period. After that, you are accumulating out of status days. I do not know what is the penalty for out of status days --- typically more than 180 days of out of status days are bad.
http://edocket.access.gpo.gov/2008/E8-7427.htm
2. Periods of Unemployment During OPT
DHS regulations currently define the period of an F-1 student's
status as the time the student is pursuing a full course of study at an
SEVP-certified school or engaging in authorized post-completion OPT. 8
CFR 214.2(f)(5). They do not specify how much time the student may be
unemployed, making it difficult to determine when an unemployed student
on post-completion OPT violates the requirements for remaining in F-1
status. As status during OPT is based on the premise that the F-1
student is working, there must be a limit on unemployment, just as the
F-1 student's period in school is based on the premise that he is
actually pursuing a full-time course of study, and there are limits on
how often the student can reduce his course load. An F-1 student who
drops out of school or does not pursue a full-time course of study
loses status; an F-1 student with OPT who is unemployed for a
significant period should similarly put his status in jeopardy.
Therefore, this rule specifies an aggregate maximum allowed period of
unemployment of 90 days for students on 12-month OPT. This maximum
period increases by 30 days for F-1 students who have an approved 17-
month OPT period. In addition to clarifying the student's status, this
measure allows time for job searches or a break when switching
employers.
http://www.ice.gov/sevis/updates_postcompletion_opt.htm#_Toc174419546
4.9. Unemployment time
The time spent without a qualifying job during post-completion OPT. Except as noted in the section on what counts as time unemployed, each day that the student is not employed in a qualifying job, is counted toward the limit on unemployment time. The limit is 90 days for students on post-completion OPT including those with a cap gap extension, except that students with a STEM OPT extension are given an additional 30 days of unemployment time for a maximum of 120 days.
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pra945
12-09 11:56 PM
i got 221(g) on DEC 1st 2009
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crazydesi
09-03 07:39 PM
# 8/29/2008 AILA Liaison Seeks Examples of Adjustment Cases Pending Security Checks (. 27 KB) AILA is collecting information in an effort to work with USCIS to identify adjustment of status applications that may be approvable as of October 1, 2008, when new visa numbers become available. The focus of this effort is those adjustment of status cases, which are approvable under the February 4, 2008, security check memo by Michael Aytes. AILA Doc. No. 08082968.
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walking_dude
11-21 11:08 AM
Your links are working ,despite how they show up in your post. Click on them and see for yourself!
Let's work for our cause, instead of worrying about what benefits others are getting due to political reasons.
Cubans are politically active and highly vocal in advocacy of their cause. Are you?
Let's work for our cause, instead of worrying about what benefits others are getting due to political reasons.
Cubans are politically active and highly vocal in advocacy of their cause. Are you?
more...
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MArch172008
05-24 03:02 AM
How much time it is taking for I140 processing ?
Is there any hope in near future for priority dates to be current?
regards
Is there any hope in near future for priority dates to be current?
regards
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vandanaverdia
09-10 11:22 AM
^^^ bump ^^^
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coolest_me
05-07 11:57 AM
I took the appointment with Dr for Today. Will keep the thread updated ..
santb1975
07-17 05:57 PM
I thought contribution to IV would be a better Idea than flowers, sweets etc. A thankyou card in additon to contribution is even better :-)
gkdgopi
08-30 05:01 PM
Congratulations! Enjoy the moment.
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