2011 Calendar February Holidays

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  • snathan
    03-02 02:23 PM
    I recently got my EB1 I-140 approved. Now my lawyer wants to apply for the I-485 but I am unemployed currently. What are my options in this case? Do I show I am self-employed and apply the I-485 or wait till I get a job.

    Just as a background I already have a EB2 Employer based I-485 in process and therefore have the EAD and AP in hand. The EB2 I-485 was applied in 2007 so it is past the 180 days period.

    Urgent help will be greatly appreciated.

    Would you mind to tell the basis for EB1...?





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  • Maverick1
    11-09 12:29 PM
    Can't he use EB-3 LC for filing his EB-2 case as well?

    NO. Different classification.





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  • Charleh
    01-20 11:01 AM
    I've fixed and done a bit more on the project since then - I'll see if I can get a test project to you so you can have a look.





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  • tnite
    09-24 10:11 PM
    All TriState (NY/NJ/CT) members please join us on Sep 27th, 9 pm for the " No Obligation "Conference Call.
    This discussion is about future social events, mobilization plans and other relevant issues from the tri state area.
    When you sign in, please announce your name so that we know who's attending the tele conference.
    Telephone:16054756006
    bridge: ??????

    For more information go to

    http://groups.yahoo.com/group/immigrationvoiceny/



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  • arsh007
    06-18 05:41 PM
    Hi

    I am going to apply for i-485,
    i have birth certificate which is taken in 2005 but I was born in 1974
    some of my friends are saying...as you are born in 1974 and as your
    birth certificate was taken in yr 2005, it might cause problems (ins poseses query)
    to get the green card.
    Is it right?
    They are saying me to get Affidivits + non availability certificate now.
    will it be a problem if I put my birth certificate....while applying for 485

    thanks
    Elephant


    Your friends are correct. U can avoid RFE in I-485 by using affidavits.





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  • golgappa
    09-10 07:16 PM
    I dont think so..

    but you never know..

    But my guess is as long as your employer will give you a letter saying they will hire you once your GC is approved, you should be good..as GC is for future employment.



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  • la_guy
    06-27 08:06 PM
    ______________________________





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  • uma001
    11-18 10:31 AM
    That's a good sign for folks who wants to file green card next year and could not file this year becos of bad labor market

    The most recent update from the USCIS is showing again a steady approval rate. The jump we saw in October was just due to a more current update of the approval, nit an increase in filing according to the USCIS. If this pace will continue we will see visas all through early 2010, but I may be wrong here...

    Ao here is is the update from USCIS: As of November 6, 2009, approximately 54,700 H-1B (http://www.h1b.biz/lawyer-attorney-1137085.html) cap-subject petitions had been filed. USCIS has approved sufficient H1-B petitions for aliens with advanced degrees to meet the exemption of 20,000 from the fiscal year 2010 cap. Any H1-B petitions filed on behalf of an alien with an advanced degree will now count toward the general H1-B cap of 65,000. USCIS will continue to accept both cap-subject petitions and advanced degree petitions until a sufficient number of H-1B petitions have been received to reach the statutory limits, taking into account the fact that some of these petitions may be denied, revoked, or withdrawn.




    More... (http://www.visalawyerblog.com/2009/11/h1b_visa_cap_update_november_1.html)



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  • seekinggc
    06-19 02:35 PM
    Please reply...I would really appreciate your response guys...





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  • ruby
    09-24 12:29 PM
    Can someone please point to official details of interfiling? My lawyer is not using it to make use of my better PD.



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  • ramus
    05-14 08:30 AM
    How much money would anybody able to spend for this kind of law-suit?





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  • theshiningsun
    06-18 07:15 PM
    thx aruben.



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  • unchew
    06-06 11:52 PM
    Ok, i'll do that tomorrow... and will leave just one square so that it is ALONE.





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  • mrajatish
    09-14 08:45 AM
    1. Will your company keep your 140 alive? Meaning, will they withdraw it - I know a lot has been said about 140 PD being yours once approved and blah blah, but no one seems to report that they have successfully ported their 140 date to a new 140 application. This is strange but true. So I will make it doubly sure with my company.

    2. Uscis might ask why your company is sponsoring two 140s for the same individual - your company should be prepared to answer that. This is exactly why my company refuses to reapply for the GC process for the same individual (it really raises a question of intent). Again, can be done, but needs full support from company


    Rest should be ok.



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  • testz
    09-11 11:29 PM
    Are RFE's and other future communication letters sent to home address or to immigration lawyers?

    thx





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  • satyasaich
    12-02 09:51 AM
    For sure i can say that one can travel (if needed) just after applying 485. No need to wait until one gets the travel papers.However to enter in to the country again, one should have either a valid visa H1 or H4 visa stamp in the passport OR should present the travel documents related to 485 (which means some arrangements need to be done. say a person applied 485 on dec1st/06. left to india on Dec3rd/06. travel documents usually takes anywhere between 6-8 weeks. so these have to be sent to india sothat the person while coming back to US again, can present at port of entry)

    Lawyers say as a matter of precaution.( For example there is a query to submit a passport copy once again etc;)


    Once a person had applied for 485, till they get advance parole if they had gone out of US, the application will be dropped.
    I did hear that if you are in H1 B then it is not the case, but lots of Lawyers are advising not to get out of country till the person gets advance parole.

    I do remember seeing lots of discussion in one of the portals on this topic, I remember that counselor processing is the option in this type of case.

    This is a complex situation, you should consult a lawyer.



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  • gc_kaavaali
    07-09 12:25 PM
    I don't think it is true.

    google

    http://wiki.answers.com/Q/How_long_can_a_US_citizen_stay_abroad





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  • jonty_11
    06-18 04:07 PM
    consult attorney for this..I think you do need all the forms for both u and ur wife...dont take this as legal advise please

    If you are filing yourself..then look at home page for details on how to file w/o attorney.





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  • GCplease
    02-05 07:47 AM
    Thanks everyone who shared their experiences.

    Much appreciated.





    rp0lol
    07-24 04:24 PM
    It is illegal to overstay on a visitors visa, for that matter it is illegal to stay on any expired visa.

    I don't think it is illegal to stay beyond your I-94 expiration date, if you already file for an extention or change of status.

    Generally lawyers advise not to travel, when h1 or h4 application is pending. as your H-4 approval will come with another (new) I-94 attached to it.

    So best thing check with your spouse's lawyer.





    jdshah
    08-04 11:55 PM
    My wife got EAD card while she was on H-4 (I am on h-1). She used it for few months. She got RFE for 485 for visascreen (for nurses). It looks like she will not be able to produce the visascreen certificate within the RFE date and after grace period (33 days after denial notice of RFE).

    Now when she gets the denial notice for I-485, subsequently, the EAD status becomes invalid. in this case, what will be the staus?

    H-4 or no staus?

    Upon the denial, do i need to reapply for H-4 status or she gets the h-4 status automatically since she has H-4 and EAD evan though she used EAD in the past.

    Currently on passport, the H-4 status expires on Feb 08.



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