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dilbert_cal
02-09 02:04 AM
Hi attorney,
I know the question sounds weird.
My husband applied EB2 in 2007. 140 approved and 485 pending. But then we came back to our home country because of layoff. We carried AP but now AP is expiring in 3 weeks. I know after AP goes expired, our 485 will be considered abandoned.
I heard that PD is still ours even in the case of abandonment of 485. So, I still hope that some day we can come back to US to re-do the green card application. My question is, once PD becomes current, how long will the window to submit 485 be open for us?
Thanks.
Jijie
In order to preserve the PD, you will require a copy of your approved 140. Do you have the copy - in that case, next time you will have to file labor and at 140 stage, you can get your PD back.
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Hi,
I have already posted this news on News thread -3:
http://immigrationvoice.org/forum/showthread.php?t=4805&page=58
Please don't open new threads for news stories that are already posted elsewhere on the forum.
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I agree with the post above.
I think the best option he has is to speak with the CBP officer at the port of entry and explain him the situation: that he wanted to use automatic visa revalidation and by mistake he surrendered I 94. Hopefully he will issue a new I 94 for him. But more likely he will ask him to go to the consulate and get the new stamp.
What he should NOT do is: to enter on the attached I 94 on H1 visa extension approval (the reason is technical: usually the I 94 that comes attached with change of status has the SAME number as your old I 94 attached to passport; so for practical pusposes, he has surrender both his I 94s). If he now enters with the I94 attached with H1 approval, (and as that is already cancelled when he surrendered other I 94), he will be considered present illegally. This would have much worse consequencies than to wait in Torronto and get the visa stamped.
Good Luck.
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Hi,
I have been filed in EB2 with a priority date of Feb 26 2007.
What you guys think about the possibility of my PD getting current this year?
I know that it needs a crystal ball to predict such horrendun things like PD movement, but I am just trying to get a poll on the general feeling about the spillover this year.
Thanks in advance.
You can check out the EB3-EB2 calculations thread. You have a decent chance of getting your GC by September 2011 based on the predictions there.
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gparr
November 28th, 2004, 09:05 AM
Thanks to all and welcome to dphoto Jamie
Gary
View Full Version : Is holding-up petitions in Srv Center a good news?
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Here is my estimate on the timeframe:
Prepare job description etc. - 1 to 2 months (depends on company and attorney)
Prevailing Wages - 2 months (this is based on the current centralized processing)
Recruitment Process - 2 to 3 months (depends on company and attorney)
PERM Labor approval - 9 months (if it gets audited, it would take around 2 years)
I140 - 4 months (you can reduce it if you can file premium processing)
I485 - This depends on the EB category & VISA dates - if it is EB3 India, it would probably be 7-10 years or more
I am not trying to be pessimistic. This is based on what I have observed and read. I have been in this country for 10 years on H1B. I am currently waiting for my Prevailing Wages request to be processes (for my 3rd labor application). It is a long process, but as long as you are working for a good company that treats you well, you should be able to endure the pain.
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wellwishergc
02-27 12:51 PM
I think these bills are too complicated and have possibilities of failing on the house floor, even if they pass through the senate..
My question to the group is: Does it make sense for us to lobby for changes to existing laws as 'amendments/enhancements' (do not know the exact term), which need not go through this full-blown congressional approval process.. Another issue that we are facing with the bills such as immig. comprehensive bill is that we get tagged together with illegal immig., so it becomes all the more probable to get rejected. I am just being realistic and urging the IV team to add one more action item to the agenda and see if we can put some efforts towards this additional agenda.
I think, in addition to supporting the bills, we should look at this additional possibility. Something like allowing I-485 even though the number is not available, just requires an amendment to the existing law. It does not require additional quota, so there is no major impact to immigration law as a whole. So, we may not need to wait for a bill to clear, in order for such reliefs to be approved.
My take is: we should strive for 3-pronged approach - 1) near short term approach is to ask for immediate relief such as I-485 filing without the visa number availability; there may be other such reliefs possible - 2) short term approach is to support the current bills being considerd, as we are doing already - 3) long term approach is to think of what is the backup plan in case 1 and 2 fails
Just thinking out loud here.
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Rune
June 20th, 2004, 10:27 AM
Hmm... I'm not good at comments, so I'll do the obvious one and let the others handle the rest... :)
In your third shot (the colour shot of a guy sitting), the hand is sharp and in focus, but the face is washed out, almost as if someone had used PS to severly soften it? What's that about? Is the hand really that much in front of the face, or is something else going on? (It looks like he is leaning forward, but I guess not enough)
Inquiring minds want to know. :)
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It's a bit inflammatory AND the quality of the text and the purple gradient background suffers :)
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hello, I am in a F1 status for about 3 years, I have been working and filing taxes. I am going to get married to a USC and apply for a green card through it. I want to know if I can have any problem in the aplication since I've been working without authorization. Second in concern to the affidavit support how much should I show and who has to fill these forms since my future wife is unemployed. Third in case my wife file for bankruptcy in the future that could affect me and if it does how can avoid this. By the way I live in florida.
I hope somebody can help me.
Thanks
How can you work without authorization and filed taxes????
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I'm currently on a H-1 B visa going to India to get it stamped this Dec. What I want to know is, if I can work next year part-time for 3-5 hrs a week on another job while continuing my present full-time job too. Is this legal?
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rameshraju11
07-21 07:51 PM
Hello,
My H1B was approved 3 weeks back i.e on July 1st and also received approval notice from USCIS on July 5th in USPS mail
But today I have received the status change from Approved to Document mailed from USCIS online system
Application Type: I129 , PETITION FOR A NONIMMIGRANT WORKER
Current Status: DOCUMENT OTHER THAN CARD OR TRAVEL DOCUMENT MAILED TO APPLICANT
On July 21, 2009, your document I129, PETITION FOR A NONIMMIGRANT WORKER was processed and mailed to the address on record. If you have not received it within 30 days of July 21, 2009, contact our customer service at 1-800-375-5283. If you move while your case is pending, please use our Change of Address online tool to update your address.
what does it mean ?
Thanks in Advance
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Hi,
I applied for H1 last year and got H1 approved for 9 months. (they counted all my stay on H4). Now H1 expired on 25th Nov and applied for H4 on 15th Nov before H1B expires.
I wants to take advantage of New memo of USCIS. Can I apply for H1B with different employer than earlier one while my H4 case is pending?
Or shall I wait until I gets H4 approval and they apply for H1B.
Please help me on this.
Thanks,
Please put this question in IV attorney call... It's complex and a new rule ...so I would suggest anyone on the forum not to speculate.
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IV memebers, mark your calender and Participate.
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I'm not sure, but it does not sound like something positive. The only positive might be that they are looking at your file instead of putting it in some warehouse somewhere. I came across this thread where people were discussing this issue last year. You might want to take a look, there apparently were a variety of guesses for this. However it might be some sort of internal check/audit.
http://boards.immigrationportal.com/showthread.php?t=258791
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I am also in same situation...
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immigration1111
08-12 10:35 PM
Hi,
My wife and I applied for the AOS (I-485, EAD and AP for my wife and I-485 for me). I was wondering
1. As to who will receive the receipt number? Will my attornery receive it or will I receive it?
2. Will it be a letter or an email from USCIS?
3. I am the primary applicant. My wife may be offered a permanent position with the company she is working for on a consultant basis. Now the question is - Can she take the offer before her EAD is approved? I mean to say - Can she transfer her H1B processed for the company? Will she have any problem with the AOS application as her paper work (new I797) is changing? We are very confused with this.
Really appreciate your answers!
Thank you very much!
ho_gaya_kaya_?
11-27 10:08 PM
I hope you have good lawyer on your case
We had a similar situation
My wifes app got separated from mine
since we had used a single check- my app was returned (the fees was double the amount!!!)
After a painful one and a half month my wifes application finally showed up- and got rejected (no fees) and we then refiled.
But the interesting thing was that during this 90 days period- my lawyer had someone at USCIS try to trace the missing application.
and he used to exchange emails with the supervisor's office on this
Is his PD current ?
If yes- then you should be fine.
If not- then it gets kinda tricky- though not too much
You have to prove that your app was lost and you are reconstructing the case
Keep in mind that that you will probably have to withdraw your app and refile with him
And that sooner or later- your husband's original app is going to show up
And at that time - you will have two active apps- but nothing that cant be sorted out...
gc_kaavaali
07-01 01:04 PM
I think your parents can provide affidavit with your date of birth (incase you cannot get Birth Certificate). And also you need to get another document from municipal saying 'No record found' something. I am not sure. Try to search in this forum. Members discussed sever times on this topic.
I have a question, on 25 june i got a RFE, i have not received it yet neither did my lawyer. The case status shows that both me and my wife got the RFE. I think its most probaly to produce the Birth Certificate.
My wife BC is in the process and i think i will be able to get it by the end of the week.
My question is that if i am unable to get the BC of my wife in time, is it possible to buy some more days from USCIS. Like CAN USCIS provide SOME ADDITIONAL TIME SO THAT I CAN GET THE BC OF MY WIFE AND THEN SUBMIT. I DONT KNOW WHATS THE DEADLINE IS BUT I BELIVE ITS A VERY CLOSE CALL !!!! AND I MIGHT NEED SOME MORE TIME TO PRODUCE THE BIRTH CERTIFICATE.
PLEASE ADVISE. THANKS IN ADVANCE!!!!
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