sandiboy
07-19 03:45 PM
How will USCIS process the I-485 petitions?. According to the applicant's labor priority date or I-485 petition receipt date?. pray tell....:confused:
There is a thread going on with this discussion:
http://immigrationvoice.org/forum/showthread.php?t=10428
It is processed per RD, but approved per PD.
There is a thread going on with this discussion:
http://immigrationvoice.org/forum/showthread.php?t=10428
It is processed per RD, but approved per PD.
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neeidd
07-31 05:42 PM
There is a Thread already opened by VDLRAO we can use that to honour him for his predictions and analysis on the visa number availability and EB -visas movement.
Can you tell us where that thread is?
Thanks
Can you tell us where that thread is?
Thanks
davoutplantaire
02-17 06:02 PM
Hello everybody,
this is my first post on these forums, I've been reading around a fair bit for the past couple of weeks on immigration related websites, and especially IV.
As it has been so far the best source of information for me I want to ask a question that is pretty confusing...
From what I understood, being eligible for EB-2 is one of the best ways to get a GC in a reasonable delay (let's say around a year according to the first post of unitednations on http://immigrationvoice.org/forum/showthread.php?t=3250).
From what I understood that would merely require to have an arrangement with a company willing to help you in the tedious path to a GC instead of owning you with the H1-B.
There is where my question comes about EB-2 elibility as I'm really confused about the value of my french engineering degree in IT (5 years college, Diplome d'Ingenieur) and the possibility to find a position eligible for EB-2 that wouldn't require experience.
So my question consists of two parts :
- Is there any way to officially check that my degree is equivalent to an US Masters Degree ? (Wikipedia says yes, but I couldn't find any authoritative/official source)
- Is there any way that a position in the IT field that would require such a Masters Degree could be eligible for EB-2 even without work experience requirements ?
Thanks again to all IV folks and other who spend time sharing their precious information.
this is my first post on these forums, I've been reading around a fair bit for the past couple of weeks on immigration related websites, and especially IV.
As it has been so far the best source of information for me I want to ask a question that is pretty confusing...
From what I understood, being eligible for EB-2 is one of the best ways to get a GC in a reasonable delay (let's say around a year according to the first post of unitednations on http://immigrationvoice.org/forum/showthread.php?t=3250).
From what I understood that would merely require to have an arrangement with a company willing to help you in the tedious path to a GC instead of owning you with the H1-B.
There is where my question comes about EB-2 elibility as I'm really confused about the value of my french engineering degree in IT (5 years college, Diplome d'Ingenieur) and the possibility to find a position eligible for EB-2 that wouldn't require experience.
So my question consists of two parts :
- Is there any way to officially check that my degree is equivalent to an US Masters Degree ? (Wikipedia says yes, but I couldn't find any authoritative/official source)
- Is there any way that a position in the IT field that would require such a Masters Degree could be eligible for EB-2 even without work experience requirements ?
Thanks again to all IV folks and other who spend time sharing their precious information.
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qasleuth
04-27 10:38 AM
Here is some info on RFEs in general
http://immigrationvoice.org/wiki/index.php/Request_For_Evidence
http://immigrationvoice.org/wiki/index.php/Request_For_Evidence
more...
SBH
01-11 08:33 AM
please reply..
va_dude
10-07 01:30 PM
also found this on the net:
http://www.nafsa.org/uploadedFiles/acwia_-_american_competitiveness.pdf?n=6685
page 6/18 - section (vi)
http://www.nafsa.org/uploadedFiles/acwia_-_american_competitiveness.pdf?n=6685
page 6/18 - section (vi)
more...
mnq1979
06-25 10:08 PM
Hi,
I just got an update on my and my wife I-485; i dont know what it is but they have requested for more information.
Can any one clarrify that who will get the RFE? will it be me or my lawyer?
If possible can any tell what it would be?
Thanks in advance !!!
I just got an update on my and my wife I-485; i dont know what it is but they have requested for more information.
Can any one clarrify that who will get the RFE? will it be me or my lawyer?
If possible can any tell what it would be?
Thanks in advance !!!
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lonedesi
08-05 12:18 PM
We will not see any approvals unless we act togther and campaign for our cause. Please join us. More details at
http://immigrationvoice.org/forum/showthread.php?t=20657
http://immigrationvoice.org/forum/showthread.php?t=20657
more...
andycool
04-08 12:15 PM
Hi,
I am looking to switch employers. Although the job descriptions are pretty similar ( C coding, design, protocols etc.), my PERM was filed for Computer Software Engineer-Applications whereas the new one falls under Computer Software Engineer, Systems Software. Is this a risk during I-485 adjudication. Also my new salary is 50% higher than my original PERM salary (It has been almost 4 years since my original PERM).
Thanks.
USCIS - Questions about Same or Similar Occupational Classifications Under the American Competitiveness in the Twenty-first Century Act of 2000 (AC21) (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=1efbac8ec3d2f210VgnVCM100000082ca60aRCR D&vgnextchannel=6abe6d26d17df110VgnVCM1000004718190a RCRD)
Hope this helps
I am looking to switch employers. Although the job descriptions are pretty similar ( C coding, design, protocols etc.), my PERM was filed for Computer Software Engineer-Applications whereas the new one falls under Computer Software Engineer, Systems Software. Is this a risk during I-485 adjudication. Also my new salary is 50% higher than my original PERM salary (It has been almost 4 years since my original PERM).
Thanks.
USCIS - Questions about Same or Similar Occupational Classifications Under the American Competitiveness in the Twenty-first Century Act of 2000 (AC21) (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=1efbac8ec3d2f210VgnVCM100000082ca60aRCR D&vgnextchannel=6abe6d26d17df110VgnVCM1000004718190a RCRD)
Hope this helps
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vin13
01-30 08:52 AM
H1 getting cancelled should not affect your Green Card.
You should be able to change as many times as you want. There is no rule. I have changed jobs twice using AC21.
Keep a copy of the AC21 letter and pay stubs, that was submitted by the lawyer for your reference.
There are no clear guidelines or rules for using AC21. As you may already know, there is no need for submitting the AC 21 letter either. So use your judgement.As long as you are working in the similar job type GC process should go fine.
You should be able to change as many times as you want. There is no rule. I have changed jobs twice using AC21.
Keep a copy of the AC21 letter and pay stubs, that was submitted by the lawyer for your reference.
There are no clear guidelines or rules for using AC21. As you may already know, there is no need for submitting the AC 21 letter either. So use your judgement.As long as you are working in the similar job type GC process should go fine.
more...
wandmaker
08-25 01:19 PM
Hi,
I have my I140 approved couple of years ago and now our company is being acquired by another firm. As a result I may lose my job. I am on 5th year of H1 and have I140 copy.
I got an offer with a project from a top consulting firm who is willing to transfer my H1 and also carry forward GC.
However I am concerned, as that consulting firm has the history of cancelling the H1 once they could not find any new projects after the current project. But in current market scenario, I could find any other opportunity and it may be necessary to join that firm.
So lets say after one/two years, if I lose my job with that firm and want to carry forward my H1/GC with other company, will it be possible?
What should I ask the firm now (terms and conditions, before start working with them) to make my self in safe position later on?
Thanks for your advice.
WA
PD on your profile does not sound realistic, whats your actual PD? I assume you have not filed your 485 according to your profile. This may help throw some opinions.
I have my I140 approved couple of years ago and now our company is being acquired by another firm. As a result I may lose my job. I am on 5th year of H1 and have I140 copy.
I got an offer with a project from a top consulting firm who is willing to transfer my H1 and also carry forward GC.
However I am concerned, as that consulting firm has the history of cancelling the H1 once they could not find any new projects after the current project. But in current market scenario, I could find any other opportunity and it may be necessary to join that firm.
So lets say after one/two years, if I lose my job with that firm and want to carry forward my H1/GC with other company, will it be possible?
What should I ask the firm now (terms and conditions, before start working with them) to make my self in safe position later on?
Thanks for your advice.
WA
PD on your profile does not sound realistic, whats your actual PD? I assume you have not filed your 485 according to your profile. This may help throw some opinions.
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ssksubash
08-14 10:12 AM
HI,
I received a 500$ check for apartment referral , I am planning to give the entire amount to the person who took the apartment. I was wondering if during the tax return filing I should be reporting this as an income and if yes should I be deducting the tax amount from the 500$ as I will be paying taxes on it.
Any information is appreciated.
Thanks,
I received a 500$ check for apartment referral , I am planning to give the entire amount to the person who took the apartment. I was wondering if during the tax return filing I should be reporting this as an income and if yes should I be deducting the tax amount from the 500$ as I will be paying taxes on it.
Any information is appreciated.
Thanks,
more...
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graviyera
03-08 12:00 PM
You dont need transit visa if you are traveling thru frnankfurt (my 2 cents...just travelled in Lufthansa with expired visa but valid 797...no problems...however i heard it wld be a problem if it were United...so check with the airlines).....keep in mind that one might get stuck anywhere between 4 to 8 weeks if stuck in 221g administrative processing while getting stamping in India (in my case got passport and 797 in 23 days)....something to be aware of....my friend got stamping in india with only 6 months of 797 validity remaining....hope this helps
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Suva
07-19 04:12 PM
I have not received the receipt yet.
more...
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arnet
10-31 07:26 PM
The application procedures vary based on the consulate you are planning to visit for visa stamping.
so which consulate you are planning to visit to get visa stamping? no need for emergency appointment if you are planning to get it done in india.
in india, from October 2006 things are changed, you can get appointment easily, even now there are dates available in december (also in november). if you book now, you can get appointment in december.
check VFS sites. if you have any questions about the eliglibity, contact VFS numbers or send email from the following page:
https://www.vfs-usa.co.in/ApplnForms/RulesAndFees/CustomerFeedback.aspx
also you can check appointment dates at one of the indian consulates at the following page and at the bottom of the page, click the link 'Click here for an estimate of current availability of visa interview appointments':
https://www.vfs-usa.co.in/Home.aspx
To book appointment in VFS site, you need HDFC receipts from HDFC bank branch for each of the applicants, so for procedure, check fees and forms link in this VFS site.
At the beginning, the principal applicant can create one application with his/her hdfc receipt number with other reqd details and later can add their dependents at later stage of application. You can fill other DS-156/157 forms here.
good luck!!!!
Disclaimer:
I'm not an immigration attroney, so consult one for your situations as laws/procedures keep changing.
Hello All - I understand from the website that the people already working in the US qualify for an emergency appointment if they are returning back to work in the US. Does anyone if this rule is also applicable it is the first time you are getting a H1-B visa stamp? I got a COS and am planning to get a stamp in December. I know that more dates are available now .. but was wondering if the need arises will I eligible for emergency appointment?
Thanks!
Neo
so which consulate you are planning to visit to get visa stamping? no need for emergency appointment if you are planning to get it done in india.
in india, from October 2006 things are changed, you can get appointment easily, even now there are dates available in december (also in november). if you book now, you can get appointment in december.
check VFS sites. if you have any questions about the eliglibity, contact VFS numbers or send email from the following page:
https://www.vfs-usa.co.in/ApplnForms/RulesAndFees/CustomerFeedback.aspx
also you can check appointment dates at one of the indian consulates at the following page and at the bottom of the page, click the link 'Click here for an estimate of current availability of visa interview appointments':
https://www.vfs-usa.co.in/Home.aspx
To book appointment in VFS site, you need HDFC receipts from HDFC bank branch for each of the applicants, so for procedure, check fees and forms link in this VFS site.
At the beginning, the principal applicant can create one application with his/her hdfc receipt number with other reqd details and later can add their dependents at later stage of application. You can fill other DS-156/157 forms here.
good luck!!!!
Disclaimer:
I'm not an immigration attroney, so consult one for your situations as laws/procedures keep changing.
Hello All - I understand from the website that the people already working in the US qualify for an emergency appointment if they are returning back to work in the US. Does anyone if this rule is also applicable it is the first time you are getting a H1-B visa stamp? I got a COS and am planning to get a stamp in December. I know that more dates are available now .. but was wondering if the need arises will I eligible for emergency appointment?
Thanks!
Neo
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gregspirited
09-22 02:13 PM
I work in a private firm (<300 employees) and they have filed for PERM and is under audit. What would happen to my PERM if a bigger firm takes over my smaller company.
My H1-B 6 yr limit will expire by January 2010. What are the risks to my immigration status if my company is acquired by a bigger firm?
1. Will I have to re-file for PERM again with the new company?
OR
2. Can I continue under the already audited PERM in smaller company's name?
My H1-B 6 yr limit will expire by January 2010. What are the risks to my immigration status if my company is acquired by a bigger firm?
1. Will I have to re-file for PERM again with the new company?
OR
2. Can I continue under the already audited PERM in smaller company's name?
more...
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sona75
07-28 09:48 AM
I am on EAD. my priority date is Oct 2003 EB3.
I got new job that requires security clearance, so applied and got preliminary security clearance and started working as a contractor at Federal worksite.
Now i got letter from Department of homeland security saying i am not allowed to work at Federal worksite because my Adjustment of status is pending from Aug 2007, also saying Contact USCIS to get resolved or provide evidence i am in touch base with USCIS regards to this matter.
Since my priority date is not current, USCIS is not going to anything.
While applying this job i gave my EAD copy. They accepted Now i do know why i got this letter ?
IS there any one had same kind of situation?
Where or whom should I need communicate at USCIS? do they give any letter?
Thanks
I got new job that requires security clearance, so applied and got preliminary security clearance and started working as a contractor at Federal worksite.
Now i got letter from Department of homeland security saying i am not allowed to work at Federal worksite because my Adjustment of status is pending from Aug 2007, also saying Contact USCIS to get resolved or provide evidence i am in touch base with USCIS regards to this matter.
Since my priority date is not current, USCIS is not going to anything.
While applying this job i gave my EAD copy. They accepted Now i do know why i got this letter ?
IS there any one had same kind of situation?
Where or whom should I need communicate at USCIS? do they give any letter?
Thanks
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kaisersose
08-22 06:02 PM
I am in a very Bad situation it seems, please help.
I am working in US on L1B visa and Wife on L2. then Wife got a Job and her employer filled her 485.
In the mean time I applied for H1 (through a consultant, to get out of the L1B company). Looks like the H1 Got Approved. Now, I think the problem is, If I switch to H1, then she will loose her job and our chance of Getting EAD will go.
I do NOT want to go for H1, but EAD Is important to me. Is there a Way I can keep my L1? (so that my wife can keep her job)
Please help
Check your H-1b approval notice. If it is a visa to be issue abroad petition,then you have nothing to worry about.
if it is a change of status approval with an I-94, then you need to get out of the US on or before the day the change of status becomes effective and then return back to the US on or after the day the change becomes effective with your current L visa.
I am working in US on L1B visa and Wife on L2. then Wife got a Job and her employer filled her 485.
In the mean time I applied for H1 (through a consultant, to get out of the L1B company). Looks like the H1 Got Approved. Now, I think the problem is, If I switch to H1, then she will loose her job and our chance of Getting EAD will go.
I do NOT want to go for H1, but EAD Is important to me. Is there a Way I can keep my L1? (so that my wife can keep her job)
Please help
Check your H-1b approval notice. If it is a visa to be issue abroad petition,then you have nothing to worry about.
if it is a change of status approval with an I-94, then you need to get out of the US on or before the day the change of status becomes effective and then return back to the US on or after the day the change becomes effective with your current L visa.
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Swati Solanki
10-04 04:08 PM
Mine was received on 18th july too by R Cook. No news yet! Did anyone's cheque got cashed out?
NYImmigrant
12-06 01:53 PM
Well I don't know for today... but in 2004, the going rate was $4/application
FBI name check: This partially automated, name-based check searches over 86 million files documenting people who are the main subject or referenced in an FBI investigation. USCIS electronically submits applicant names to the FBI National Name Check Program for benefits such as naturalization, permanent residence, and asylum. The legacy INS queried the main files since 1985 but added reference files to security checks in 2002. USCIS submitted 1.5 million names at a cost of $6.0 million in FY 2004.
Source: http://www.dhs.gov/xoig/assets/mgmt...06-06_Nov05.pdf
FBI name check: This partially automated, name-based check searches over 86 million files documenting people who are the main subject or referenced in an FBI investigation. USCIS electronically submits applicant names to the FBI National Name Check Program for benefits such as naturalization, permanent residence, and asylum. The legacy INS queried the main files since 1985 but added reference files to security checks in 2002. USCIS submitted 1.5 million names at a cost of $6.0 million in FY 2004.
Source: http://www.dhs.gov/xoig/assets/mgmt...06-06_Nov05.pdf
Munna Bhai
04-18 11:21 AM
Hi everyone,
I got my labor approved under perm on Sept 11th however I have not filed for I140 as yet. This is because of employer making n reasons to file the same. Anyways, if the 45 day rule comes into play - does my labor get cancelled as it has been more than 45 days since it has been approved or does the 45 day period start after April 26th. How many of you think this rule will come out. I hope it does. That way employers will have no choice but to file I 140. A lot of employers now adays are stalling filing the same since they fear the employee will move. Am I the only one facing the same problem or are there others as well?
Thanks and regards
45 day rule is not implemented yet.
I got my labor approved under perm on Sept 11th however I have not filed for I140 as yet. This is because of employer making n reasons to file the same. Anyways, if the 45 day rule comes into play - does my labor get cancelled as it has been more than 45 days since it has been approved or does the 45 day period start after April 26th. How many of you think this rule will come out. I hope it does. That way employers will have no choice but to file I 140. A lot of employers now adays are stalling filing the same since they fear the employee will move. Am I the only one facing the same problem or are there others as well?
Thanks and regards
45 day rule is not implemented yet.
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