myvoice23
07-20 07:27 AM
Hi all legal eagles, advice please
My case is quite complicated. Here is my situation.
(1) Applied for I-485 (Adjustment of status) in July 2007. EB2-India category, PD March 2006.
(2) Wife missed the bus when I applied for I-485. Her papers were not ready at that time.
(3) Changed job utilizing AC21. So no more H1 status for me. Working on EAD in a new company. Living in US on a pending I-485 status.
(4) Sent wife to India so that she will not stay in the US on an invalid H4. (After I quit my company, I assumed my H1 and my wife's H4 became automatically invalid because they belonged to my previous company. In any case those H1/H4 have expired too now.).
(5) I was planning to call wife on a visitor visa. We planned to apply her I-485 once she is in US and dates become current for her.
(6) Suddenly, my PD is current as per the latest bulletin!! Totally unexpected!!
(7) Wife can't come back to US on a short notice on a visitor visa because of many pending tasks back at home.
Now the big question is, is it worthwhile to apply for my wife's I-485 in India through a consular processing route? My understanding is that consular processing does not provide the benefits of EAD and advanced parole. So my wife will anyway have to come to US on a visitor visa. So we may as well apply her I-485 in US itself. At least then our applications will be processed together and she will get the benefits of EAD. And if there are any immigration interviews we can go together too.
But the risk in this plan is that
(1) By the time she is back in US the dates may retrogress again.
(2) Worse, my GC may get approved this month itself, before my wife even has a chance of applying her own I-485, cutting off my wife's chances of getting a dependent GC based on my GC forever.
Now my hunch is that risk no. 1 is a low risk. Either the dates won't retrogress again, or even if they do, they will move forward in October again. So we can live with that.
Risk no. 2 is a bigger risk. But can USCIS take a decision on my I-485 petition so quickly. I don't think so. But if it does, then we lovers will be torn apart.
And lastly, has anybody ever heard of "Follow to join" procedure? What exactly is it and can we utilize it to our benefit?
Common man. .You already aware of that your wife's apps are not ready for I-485. Is this USCIS mistake and you says cruel system? It is your problem when you got the opportunity to not utilize it. You might say some another reason to excuse your self. Don't blame USCIS for everything man.
My case is quite complicated. Here is my situation.
(1) Applied for I-485 (Adjustment of status) in July 2007. EB2-India category, PD March 2006.
(2) Wife missed the bus when I applied for I-485. Her papers were not ready at that time.
(3) Changed job utilizing AC21. So no more H1 status for me. Working on EAD in a new company. Living in US on a pending I-485 status.
(4) Sent wife to India so that she will not stay in the US on an invalid H4. (After I quit my company, I assumed my H1 and my wife's H4 became automatically invalid because they belonged to my previous company. In any case those H1/H4 have expired too now.).
(5) I was planning to call wife on a visitor visa. We planned to apply her I-485 once she is in US and dates become current for her.
(6) Suddenly, my PD is current as per the latest bulletin!! Totally unexpected!!
(7) Wife can't come back to US on a short notice on a visitor visa because of many pending tasks back at home.
Now the big question is, is it worthwhile to apply for my wife's I-485 in India through a consular processing route? My understanding is that consular processing does not provide the benefits of EAD and advanced parole. So my wife will anyway have to come to US on a visitor visa. So we may as well apply her I-485 in US itself. At least then our applications will be processed together and she will get the benefits of EAD. And if there are any immigration interviews we can go together too.
But the risk in this plan is that
(1) By the time she is back in US the dates may retrogress again.
(2) Worse, my GC may get approved this month itself, before my wife even has a chance of applying her own I-485, cutting off my wife's chances of getting a dependent GC based on my GC forever.
Now my hunch is that risk no. 1 is a low risk. Either the dates won't retrogress again, or even if they do, they will move forward in October again. So we can live with that.
Risk no. 2 is a bigger risk. But can USCIS take a decision on my I-485 petition so quickly. I don't think so. But if it does, then we lovers will be torn apart.
And lastly, has anybody ever heard of "Follow to join" procedure? What exactly is it and can we utilize it to our benefit?
Common man. .You already aware of that your wife's apps are not ready for I-485. Is this USCIS mistake and you says cruel system? It is your problem when you got the opportunity to not utilize it. You might say some another reason to excuse your self. Don't blame USCIS for everything man.
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gcgreen
08-12 01:29 PM
your LC should include the O-NET code for your job. Check that carefully.
I am in the same boat.
My LC job duties are as follows:
Design and development of business applications using C++, JAVA as front end
tools and ORACLE as back end repository on WINDOWS platform. Modify
software or customize software for clients'use with the aim of optimizing
operational efficiency.
Education required: bachelor degree in computer science, engineering,
electronics or related field. Experience required: 9 months as Software
Engineer.
Any idea what Onet code the above description falls under?
I am planning to take up Java developer position with new employer using EAD. is it ok? Lawyer has been saying that the job description has to match 100%. I dont agree with him. any comments please?.
I am in the same boat.
My LC job duties are as follows:
Design and development of business applications using C++, JAVA as front end
tools and ORACLE as back end repository on WINDOWS platform. Modify
software or customize software for clients'use with the aim of optimizing
operational efficiency.
Education required: bachelor degree in computer science, engineering,
electronics or related field. Experience required: 9 months as Software
Engineer.
Any idea what Onet code the above description falls under?
I am planning to take up Java developer position with new employer using EAD. is it ok? Lawyer has been saying that the job description has to match 100%. I dont agree with him. any comments please?.
neokernel
02-14 07:20 PM
When they ask 245i (April 2001 Deadline) people to submit the application for legal status (Labor.. i-140 ..etc) why didn't they also create the VISA Number for them?
It's legal immigrant taking the hit because of illegal immigrants.
They should define completly different path and laws to make illegals to legal.
Agree?
It's legal immigrant taking the hit because of illegal immigrants.
They should define completly different path and laws to make illegals to legal.
Agree?
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akred
07-14 09:21 AM
I suspect that the sponsors of this bill aren't aware that some children who entered legally also need a break.
It may be worth writing to Dick Durbin and some of the co-sponsors asking for favorable treatment for children who are here legally. Write a letter and send it via Fedex/Priority Mail as this is being considered next week.
The text of the bill is here: http://rs9.loc.gov/cgi-bin/bdquery/z?d109:SN02075:
It may be worth writing to Dick Durbin and some of the co-sponsors asking for favorable treatment for children who are here legally. Write a letter and send it via Fedex/Priority Mail as this is being considered next week.
The text of the bill is here: http://rs9.loc.gov/cgi-bin/bdquery/z?d109:SN02075:
more...
diqingshen
07-31 12:38 PM
The guy answered phone said NSC is supposed to be compliant by August 1st, but he doesnt see it happening.
nikh
09-19 03:07 PM
here are the details
I-485 NSC RD 07/02/07; CSC ND 08/31/07, LUD 09/07 Xfer to NSC, Pending Processing @ NSC
I-131 NSC RD 07/02/07; CSC ND 08/31/07, LUD: 09/14 AP mailed,
I-765 NSC RD 07/02/07; CSC ND 08/31/07, LUD: 09/14 EAD pending
FP Notice not yet
I-485 NSC RD 07/02/07; CSC ND 08/31/07, LUD 09/07 Xfer to NSC, Pending Processing @ NSC
I-131 NSC RD 07/02/07; CSC ND 08/31/07, LUD: 09/14 AP mailed,
I-765 NSC RD 07/02/07; CSC ND 08/31/07, LUD: 09/14 EAD pending
FP Notice not yet
more...
franklin
09-21 05:43 PM
Great to have you on board.
I encourage you to join into our state chapter (see my signature for the link). Good to have another NoCaler around :)
I encourage you to join into our state chapter (see my signature for the link). Good to have another NoCaler around :)
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thankgod
05-11 10:20 PM
Ahhh !!!! the junior members come out of the wood work with enthusiasm and fire. let us see how long this lasts !!!!, Only untIl the next VB I would assume
Come on Kid ..Grow up. This is is showing your childish behavior.
What makes you difference between Member and Junior Member. Why do you want to care about that.
If you wanna care about that really , we will make you CIO of this forum LOL.
I think I spent too much time for you.
Come on Kid ..Grow up. This is is showing your childish behavior.
What makes you difference between Member and Junior Member. Why do you want to care about that.
If you wanna care about that really , we will make you CIO of this forum LOL.
I think I spent too much time for you.
more...
n_2006
05-22 04:00 PM
I was thinking how to get a high tec job with Z visa. Because you might need to tell the employer that you are on Z visa. Tech employer might be hesitent to give us job on Z visa.
But you can start a new company and do consulting. You do not need to tell them what status you are in. All they need to know is you are a employee XYZ company.
But you can start a new company and do consulting. You do not need to tell them what status you are in. All they need to know is you are a employee XYZ company.
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ek_bechara
07-08 07:17 PM
I'm going to say this once more. As much as we try, we cannot bring the Indian community under one umbrella to act together. It's a pipe dream and not achievable. I've experienced every possible Indian specimen there is in the Bay Area. Indian community in US can NEVER be like the jewish or hispanic community. What we need is representation in the corridor of power (AKA Congress/ Senate), period. No number of phone calls from mere mortals like us will equate to one phone call from big-wigs such as Vinod Khosla or Indra Nooyi.
If you are wondering if I have done anything, here's my contribution.
I approached the CEO of my company to raise my concern. My CEO was graceful and said that the government relations team in my org was already working in Washington D.C to address retrogression issues. I was given an internal point of contact who briefed me on the effort. Call it their need or greed, the "white man" seems to be more helpful in this regard.
If you are wondering if I have done anything, here's my contribution.
I approached the CEO of my company to raise my concern. My CEO was graceful and said that the government relations team in my org was already working in Washington D.C to address retrogression issues. I was given an internal point of contact who briefed me on the effort. Call it their need or greed, the "white man" seems to be more helpful in this regard.
more...
tselva
11-12 10:18 AM
Dear tselva,
why 22May06 for India EB2, i think your PD is before that. can you please add two more months, that covers mine too.
i dont have any hope in December bulletin, waiting for next year.
Anyways, I hope all of us should get out of this mess ASAP.
Thanks
MC
MC
You will come to know how far I am right at 3.34 PM today!! By the way, it is PST :D
I will start charging for my prediction from next month. I will also extend the prediction for individual cases!!. Who knows I will become a richer than greencard attorneys.
Bottom line is that taking about immigration becomes more fun!!!!!!!!!!!!!
why 22May06 for India EB2, i think your PD is before that. can you please add two more months, that covers mine too.
i dont have any hope in December bulletin, waiting for next year.
Anyways, I hope all of us should get out of this mess ASAP.
Thanks
MC
MC
You will come to know how far I am right at 3.34 PM today!! By the way, it is PST :D
I will start charging for my prediction from next month. I will also extend the prediction for individual cases!!. Who knows I will become a richer than greencard attorneys.
Bottom line is that taking about immigration becomes more fun!!!!!!!!!!!!!
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Sakthisagar
10-28 04:12 PM
exactly and it applies more to you because if someone does not agree with your opinion thats what you do, wherz the proof that supreme court is influenced by minorities? you are totally out of touch with reality and u probably are struck with 70s/80s mentality, no point in arguing with you,
Sujan vattu... you also do the same thing in essense You are out of touch with everything in this world living in a dream world Vattu...
Sujan vattu... you also do the same thing in essense You are out of touch with everything in this world living in a dream world Vattu...
more...
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eb3India
04-13 05:06 PM
hey guys I think its OK now to call IV as Indian organization with this bulltin and per their statement there is a good chance that ROW will move ahead and we will be stuck EB3 India in particular
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pbojja
04-24 03:06 PM
Sandy ,Simply Insane man , write a letter to white house and try to get some attention.This is completely ridiculous and definetley we need to do some thing .. I dont know what is left in this country , And they care more about illegal immigrants ..stupid tv news and news readers , hope one day they realise about legal immigration when we all are eligible to vote in this country
more...
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iv_only_hope
06-04 05:16 PM
Ron,
"
E. EMPLOYMENT THIRD PREFERENCE VISA AVAILABILITY
Demand for numbers, primarily by Citizenship and Immigration Services Offices for adjustment of status cases, is expected to bring the Employment Third preference category very close to the annual numerical limit in June. As a result, this category is likely to experience retrogressions or visa unavailability beginning in July. Such action would only be temporary, however, and a complete recovery of the cut-off dates would occur for October, the first month of the new fiscal year.
"
How do you see above message in the June Visa Bulletin? This means it is illegal to use all of them with in 3 quarters????
I don't wish to sound like Bill Clinton, but it depends on how you define "is." In this case, if they are using "annual limit" to mean the entire annual quota, then they are admitting that they have broken the law and issued too many visas in the first three quarters. Worse, they offer no explanation for having broken the law.[/COLOR]
Well, they could be talking about a subset of the annual quota, such as the quarterly quota. From the context, I don't think that is the case, but I'm also not used to seeing the State Department flat out admit illegality, either.
Well, if they do broke the law, can we do something about it? Like class action law suite???
Let's see if they did, first.
"
E. EMPLOYMENT THIRD PREFERENCE VISA AVAILABILITY
Demand for numbers, primarily by Citizenship and Immigration Services Offices for adjustment of status cases, is expected to bring the Employment Third preference category very close to the annual numerical limit in June. As a result, this category is likely to experience retrogressions or visa unavailability beginning in July. Such action would only be temporary, however, and a complete recovery of the cut-off dates would occur for October, the first month of the new fiscal year.
"
How do you see above message in the June Visa Bulletin? This means it is illegal to use all of them with in 3 quarters????
I don't wish to sound like Bill Clinton, but it depends on how you define "is." In this case, if they are using "annual limit" to mean the entire annual quota, then they are admitting that they have broken the law and issued too many visas in the first three quarters. Worse, they offer no explanation for having broken the law.[/COLOR]
Well, they could be talking about a subset of the annual quota, such as the quarterly quota. From the context, I don't think that is the case, but I'm also not used to seeing the State Department flat out admit illegality, either.
Well, if they do broke the law, can we do something about it? Like class action law suite???
Let's see if they did, first.
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Jaime
08-31 04:53 PM
link does not work for meStrange....Try going to ABC news and searching for the article under the "Money" section
more...
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mammoy2k
09-09 07:04 AM
I140 should be approved or approvable at the time of filing. Yates memo is very clear on that- I-140 approval is not required in concurrent filing. Also there is no salary requirements on invoking AC 21. Again, please read Yates Memo.
Requirements to change employer when GC is pending:
- I-140 should be approved
- More than 180 days should have passed after filing I-485. The clock for 180 days starts from 485 receipt.
- Approved EAD
Significance of 180 days barrier
If you have approved I-140 and EAD, you can change employer without having to wait for 180 days. But then your employer can revoke the I-140 which invalidates the 485 application. After 180 days from I-485 receipt, I-140 cannot be revoked so that is why it is always recommended to invoke AC-21 after 180 days from the 485 receipt.
After 180 days, you cannot change jobs, you can only change employers
When you invoke AC-21, you have o fulfill two conditions:
1.) You new jobs has the same or similar job description as mentioned in the green card labor certification application
2.) You salary should be almost the same as the wages mentioned in GC labor certification application
This means, you have to continue to stay in the same job title and job description till the time your GC is approved. If you fulfill the requirements mentioned above, you do not have to inform USCIS when invoking AC-21. You just switch employer. At some point USCIS will send you a query asking for the information of the employer who continues your green card application. It is best to take up job where the job title and job description is exactly the same as specified in your GC labor certification application. Any variance in the job title or job description could be extremely damaging to the GC application processing.
It is best to not to change to an employer offering you anything less than the wage rate specified in the GC labor certification. On the higher side, it is better not to take up a job that offers more than 4% more salary of that specified in the GC labor certification. It is hard to resist 20-30K higher salary, but one would have to resist the temptation for taking the job offering higher salary. Otherwise, there is a risk of USCIS denying the GC application.
USCIS doesn�t account for dollar appreciation or devaluation. USCIS also doesn�t account for annual inflation when calculating the wage rate. So even if your labor certification was applied in 2003, you still have to continue at the job with the salary specified in the GC labor certification. If GC application takes another 5-7 years, then you have to continue with the salary specified in GC labor certification application.
Hope this is useful.
Requirements to change employer when GC is pending:
- I-140 should be approved
- More than 180 days should have passed after filing I-485. The clock for 180 days starts from 485 receipt.
- Approved EAD
Significance of 180 days barrier
If you have approved I-140 and EAD, you can change employer without having to wait for 180 days. But then your employer can revoke the I-140 which invalidates the 485 application. After 180 days from I-485 receipt, I-140 cannot be revoked so that is why it is always recommended to invoke AC-21 after 180 days from the 485 receipt.
After 180 days, you cannot change jobs, you can only change employers
When you invoke AC-21, you have o fulfill two conditions:
1.) You new jobs has the same or similar job description as mentioned in the green card labor certification application
2.) You salary should be almost the same as the wages mentioned in GC labor certification application
This means, you have to continue to stay in the same job title and job description till the time your GC is approved. If you fulfill the requirements mentioned above, you do not have to inform USCIS when invoking AC-21. You just switch employer. At some point USCIS will send you a query asking for the information of the employer who continues your green card application. It is best to take up job where the job title and job description is exactly the same as specified in your GC labor certification application. Any variance in the job title or job description could be extremely damaging to the GC application processing.
It is best to not to change to an employer offering you anything less than the wage rate specified in the GC labor certification. On the higher side, it is better not to take up a job that offers more than 4% more salary of that specified in the GC labor certification. It is hard to resist 20-30K higher salary, but one would have to resist the temptation for taking the job offering higher salary. Otherwise, there is a risk of USCIS denying the GC application.
USCIS doesn�t account for dollar appreciation or devaluation. USCIS also doesn�t account for annual inflation when calculating the wage rate. So even if your labor certification was applied in 2003, you still have to continue at the job with the salary specified in the GC labor certification. If GC application takes another 5-7 years, then you have to continue with the salary specified in GC labor certification application.
Hope this is useful.
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rajs
12-27 12:31 AM
my PD is april 2001
and still waiting , & when we call ins we get a letter
still in processing time :(
what can we do?
and still waiting , & when we call ins we get a letter
still in processing time :(
what can we do?
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arc
10-03 02:31 PM
Did Anyone In This Condition Got Fp?
wandmaker
11-29 11:47 PM
the EB visa numbers will not go waste any more once its implemented. :)
utthesta
11-26 01:15 PM
Filed on July 27, we have not yet received FP Notice.
Talked to service center (3rd party customer service) on Nov 16, they have assigned a ticket, they mentioned USCIS will respond with in 45 days.
Talked to service center (3rd party customer service) on Nov 16, they have assigned a ticket, they mentioned USCIS will respond with in 45 days.