walking_dude
12-12 04:12 PM
I'm not surprised if there are Eb2 prior to 2000. Almost every employer substituted every LC they could subsitute just before the deadline to end Substitution. Some estimates put it at 175,000. So I'm not surprised it there are hidden Eb2s who have PDs prior to 2000 !
Of course, none of them will come here and claim it !
Of course, none of them will come here and claim it !
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Ramba
05-22 12:22 PM
Filing 485 after june 10 may not help much. Because, state deprtment will move the date based on number of 485 approval (already filed before retrogression) by june first week, not by number of new 485s recived by june first week.
However, it is a good idea. Perhaps this time they may moniter the number of 485 recived on or before june 10. Unlike H1B, one can submit the new 485 on or before june 30. No need to rush.
However, it is a good idea. Perhaps this time they may moniter the number of 485 recived on or before june 10. Unlike H1B, one can submit the new 485 on or before june 30. No need to rush.
raj2007
02-19 11:00 AM
Consult a good lawyer.
Is your spouse a US citizen? Do you want to use I-130 based greencard option?
After getting I-485 and parole etc., you are legally protected but still it is better to avoid international travel, until it is absolutely essential (deatth etc. but certainly not pleasure trips..).
As you had J1 before, it may be possible to non-cap H1 if that helps with your current job. Your status on J1 was good upto Oct 01, 2007. Current law could pardon up to 180 days of out-of-status days. Beyond that it will be 3 year bar.
Your priority should be:
1. How to avoid this 180 day situation
2. How to maintain status
-by EAD only
-or by H1 (cap or non-cap)
3. How to attain GC
-By I-130 only or
are there other options
If your spouse is a citizen, usually GC will be done in 1 or 2 years.
You need to map out prudent course of actions. Consult lawyer, ask questions, take charge of your unique situation and avoid the mistakes (unwarranted international travel, problem with law enforcement etc.).
Again, a good lawyer will be your best advisor.
His status is fine as he filed AOS. Only issue with travelling abroad.
There days they are very strict and I will not advice to take any risk, if there is 50 50 chance.
Is your spouse a US citizen? Do you want to use I-130 based greencard option?
After getting I-485 and parole etc., you are legally protected but still it is better to avoid international travel, until it is absolutely essential (deatth etc. but certainly not pleasure trips..).
As you had J1 before, it may be possible to non-cap H1 if that helps with your current job. Your status on J1 was good upto Oct 01, 2007. Current law could pardon up to 180 days of out-of-status days. Beyond that it will be 3 year bar.
Your priority should be:
1. How to avoid this 180 day situation
2. How to maintain status
-by EAD only
-or by H1 (cap or non-cap)
3. How to attain GC
-By I-130 only or
are there other options
If your spouse is a citizen, usually GC will be done in 1 or 2 years.
You need to map out prudent course of actions. Consult lawyer, ask questions, take charge of your unique situation and avoid the mistakes (unwarranted international travel, problem with law enforcement etc.).
Again, a good lawyer will be your best advisor.
His status is fine as he filed AOS. Only issue with travelling abroad.
There days they are very strict and I will not advice to take any risk, if there is 50 50 chance.
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manand24
08-03 12:17 PM
Well atleast we arent alone I guess
Hopefully we will get them soon! Keeping fingers crossed! Just imagine the wait times for AP, EAD and eventually GC. Just forget about it!
Hopefully we will get them soon! Keeping fingers crossed! Just imagine the wait times for AP, EAD and eventually GC. Just forget about it!
more...
transpass
07-16 10:19 AM
I checked with the lawyer's office regarding levels I, II, II and IV on labor certification...The thing that determines EB2 and EB3 is what is written on the approved I-140.
For example, if it says 'Mem of Profession w/Adv Deg, or Exceptional ability Sec 203 (b) (2)' it is EB2. So it's what's checked in when u file your 140, and what it is approved for.
As far as levels I, II, III and IV are concerned, it does not matter regarding adjudication. The thing that only matters is either EB2 or EB3 (which is based on 140 approval as mentioned above) for Indians and Chinese in this case...
For example, if it says 'Mem of Profession w/Adv Deg, or Exceptional ability Sec 203 (b) (2)' it is EB2. So it's what's checked in when u file your 140, and what it is approved for.
As far as levels I, II, III and IV are concerned, it does not matter regarding adjudication. The thing that only matters is either EB2 or EB3 (which is based on 140 approval as mentioned above) for Indians and Chinese in this case...
pappu
01-24 11:47 AM
If there is going to be any more discussion on if IV should push for 485 or not push, moderators will close the threads. There has been enough discussion and arguements in the past over this and members are more than willing to give hundreds of ideas and opinions for free but only a few actually care to implement them or help IV with a mere $20. If you want to discuss it, go to other forums and discuss it and be an armchair strategist.
If you have ideas and want to implement them, join your local chapter and get active. Contribute in the funding drive so that IV can continue to be a platform for everyone in ths struggle.
If you have ideas and want to implement them, join your local chapter and get active. Contribute in the funding drive so that IV can continue to be a platform for everyone in ths struggle.
more...
ramaonline
12-28 02:21 PM
Some in this situation are planning to do the full time MBA from the IIMs / ISB under NRI quota which requires gmat score. check topmba.com for info on international schools etc
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axp817
07-05 11:31 AM
Can these 200 please contribute to the agenda laid out by IV, instead?
thanks,
thanks,
more...
deecha
07-26 09:21 AM
Hello everyone,
I got to know about this website recently and I wish I had known it earlier.
Anyway, I need advice/conformation
I got married recently outside the US. However, I did not come back with my wife b/c of a couple of reasons. And I cannot bring her here in the next 3 weeks. (My H1B is getting renewed...)
The company's lawyer is advising me not file for I-485 and wait till I become current again and apply with my wife then. (I am EB3 and my PD is March 2005)
After reading this web and others, if I go ahead and apply now the following are the choices that I have later. Please confirm if I am right or wrong
1. Get every document ready for my wife at all times and apply for I-485 immediately after I become current. As long as they receive her I-485 before they approve mine, she is going to be fine. She will be fine even if they receive her I-485 a day before they approve mine.
2. If my I-485 gets approved before my wife’s I-485 get there, under section 245(k), she has 180 days to send in her I-485 as long as PD is current. And there is no penalty and no other problem with this. She can stay in the country and wait for her I-485 to approve.
3. If I though that it was a grave mistake to apply for my I-485, I can withdraw it before it gets approved and reapply later with my wife’s when I become current again. No problem with this other than paying the fees again.
4. My wife and change her H4 to F1 any time she wants to as long as she goes to school full time. She could be on F1 and apply for I-485 when I become current (I feel uneasy on this one).
Please, let me know if what I listed above is right. These are the only choices that I have ready about. If there are more choices please, let me know that too. I have to make a decision by the end of tomorrow. Thank you all!
If I were you, I would file for my I-485 anyways and then get the wife in on H4, when the H1 extension was approved, as you would still be on H1 status (as long as you did not use the EAD). Have her I-485 ready and as soon as she comes back, send her I-485 in ASAP.
I got to know about this website recently and I wish I had known it earlier.
Anyway, I need advice/conformation
I got married recently outside the US. However, I did not come back with my wife b/c of a couple of reasons. And I cannot bring her here in the next 3 weeks. (My H1B is getting renewed...)
The company's lawyer is advising me not file for I-485 and wait till I become current again and apply with my wife then. (I am EB3 and my PD is March 2005)
After reading this web and others, if I go ahead and apply now the following are the choices that I have later. Please confirm if I am right or wrong
1. Get every document ready for my wife at all times and apply for I-485 immediately after I become current. As long as they receive her I-485 before they approve mine, she is going to be fine. She will be fine even if they receive her I-485 a day before they approve mine.
2. If my I-485 gets approved before my wife’s I-485 get there, under section 245(k), she has 180 days to send in her I-485 as long as PD is current. And there is no penalty and no other problem with this. She can stay in the country and wait for her I-485 to approve.
3. If I though that it was a grave mistake to apply for my I-485, I can withdraw it before it gets approved and reapply later with my wife’s when I become current again. No problem with this other than paying the fees again.
4. My wife and change her H4 to F1 any time she wants to as long as she goes to school full time. She could be on F1 and apply for I-485 when I become current (I feel uneasy on this one).
Please, let me know if what I listed above is right. These are the only choices that I have ready about. If there are more choices please, let me know that too. I have to make a decision by the end of tomorrow. Thank you all!
If I were you, I would file for my I-485 anyways and then get the wife in on H4, when the H1 extension was approved, as you would still be on H1 status (as long as you did not use the EAD). Have her I-485 ready and as soon as she comes back, send her I-485 in ASAP.
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anilsal
12-01 08:40 PM
via regular mail. There is no tracking available. If it is lost, it is lost. That is what I hate about both the EAD and AP process.:mad:
In my experience, the AP has been received anywhere from 4 days to 7 days after "the document has been mailed" notice.
In my experience, the AP has been received anywhere from 4 days to 7 days after "the document has been mailed" notice.
more...
singhsa3
06-01 08:31 PM
My apologies, I thought your were talking about H1 Labor
It will be great if someone can send me any reference to confirm that it is illegal..
It will be great if someone can send me any reference to confirm that it is illegal..
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eilsoe
10-03 01:25 PM
Allright....
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more...
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learning01
05-22 12:48 PM
It is their level of competence and their best.
Who are you (or we) to label them otherwise. LOL.
No mention on incompetence on part of DOL?
Who are you (or we) to label them otherwise. LOL.
No mention on incompetence on part of DOL?
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Sp�rL
05-06 07:31 AM
AHHHHHH! brain malfunction!! ..... kidding!
Whats with all the gay tutorials???
all of them basically say "copy and paste this, ill tell you what it is later" and then not go indepth on all of the code.
i think ill look at that IMHO stuff :S
^Don't lie to him. Spyrl your going to need to remove your current DX9 card or DX10 card and put in a DX7 when your testing. lol i wasnt thinking at the time and only reliesed what i said later. (lol silly me)
and btw i was using that slide out menu as an example.
Whats with all the gay tutorials???
all of them basically say "copy and paste this, ill tell you what it is later" and then not go indepth on all of the code.
i think ill look at that IMHO stuff :S
^Don't lie to him. Spyrl your going to need to remove your current DX9 card or DX10 card and put in a DX7 when your testing. lol i wasnt thinking at the time and only reliesed what i said later. (lol silly me)
and btw i was using that slide out menu as an example.
more...
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NNReddy
04-01 04:42 PM
Did you port it thru same employer or a different employer?
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sapota
12-12 06:19 PM
How there could be demand for visa numbers for EB2 India between the years 2000 & 2002. The possible sources of such visa number demand would be from BEC or LC substitution. Both require filing a new I-140 recently, which most likely would not have been approved yet. Are visa numbers alloted even before I-140 is approved??
Unless there were some real unlucky ones with PD earlier than 2002 that got through 'namecheck' just recently.
Unless there were some real unlucky ones with PD earlier than 2002 that got through 'namecheck' just recently.
more...
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loveiv
07-01 09:42 PM
We do see such threads on the forum occasionally. There are several instances where members have posted negative comments about consulting companies and how employees are unhappy working for them.
I want to understand the reasons why people are not filing lawsuits against such companies yet? Why are we not reporting them to DOL and USCIS? Especially after filing I485 and expiry of 6 months, people are in a better position to file lawsuits against such employers.
IV can help only if people are willing to be helped and ready to take action.
If this system needs to be cleansed, then why aren't we doing it?
I'm with you. Matter of fact, I'm preparing a lawsuit against my old employer.
Lets see.
I want to understand the reasons why people are not filing lawsuits against such companies yet? Why are we not reporting them to DOL and USCIS? Especially after filing I485 and expiry of 6 months, people are in a better position to file lawsuits against such employers.
IV can help only if people are willing to be helped and ready to take action.
If this system needs to be cleansed, then why aren't we doing it?
I'm with you. Matter of fact, I'm preparing a lawsuit against my old employer.
Lets see.
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masti_Gai
12-20 09:29 AM
u don't even know what a labor is and u gotten through ur 140 stage... sounds weird tho...:rolleyes:
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jvs
09-23 02:27 PM
I applied for my second AP on 08/11/2009, was approved on 09/03/2009, was received at the attorney's office on 09/10/2009. Service center NSC.
No FP was done. FWIW my last FP was in Jan 09.
Did you guys have to go through FP for the APs? Will they take FP again even if they have done that before.
No FP was done. FWIW my last FP was in Jan 09.
Did you guys have to go through FP for the APs? Will they take FP again even if they have done that before.
arpu31
11-17 12:59 PM
you have to options -
1. your employer files change of status H1 to H4 (form I-539)
2. you go out of country and come back on previously stamped H4. you need not to apply H4 again as long as previous H4 is valid. remember - if you decide to work in future, your employer has to file change of status application from H4 to H1 again.
please double check before you make any decision.
If I just re-enter US on my previous H4 stamp, will that change my status automatically back to H4 fom H1 in all govt database? or should I apply for any other docs?
1. your employer files change of status H1 to H4 (form I-539)
2. you go out of country and come back on previously stamped H4. you need not to apply H4 again as long as previous H4 is valid. remember - if you decide to work in future, your employer has to file change of status application from H4 to H1 again.
please double check before you make any decision.
If I just re-enter US on my previous H4 stamp, will that change my status automatically back to H4 fom H1 in all govt database? or should I apply for any other docs?
paragpujara
10-25 04:37 PM
Do not believe on online status. Couple of my frds got their EAD and still online status is " Case Received and Pending". Looks like they are not updating the status on regular basis.