JunRN
05-16 02:55 PM
My friend is in the I-140 stage of green card processing
She needs to choose between Counselor Processing or I485
Which one is better Counselor Processing or I485 ?
Your feedback is greatly appreciated
It is easier to convert from Consular Processing to Adjustment of Status (i-485) than the other way around. So, she can choose Consular Processing for now if PD is not current and then, once PD becomes current and she's still here in US, she can submit I-485.
She needs to choose between Counselor Processing or I485
Which one is better Counselor Processing or I485 ?
Your feedback is greatly appreciated
It is easier to convert from Consular Processing to Adjustment of Status (i-485) than the other way around. So, she can choose Consular Processing for now if PD is not current and then, once PD becomes current and she's still here in US, she can submit I-485.
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xela
06-17 08:53 AM
We all saw SLUDs shortly after the day we received notice, as I metioned I got receipt on April 27tha dn last SLUD was April 30th,....sinc ethen nothing
however most people got their EADs already so they might just enjoy sitting on mine who knows sigh...
good luck and dont expect any LUDs until they actually send you something :-)
however most people got their EADs already so they might just enjoy sitting on mine who knows sigh...
good luck and dont expect any LUDs until they actually send you something :-)
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rbms
03-06 05:26 PM
Two responses
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CCC2006
09-11 03:54 PM
Hi All,
I received word from my company that my 45 day letter had come in .. this is March 2005. Its more than a year and now they just seem to keep quite. If I persist they say the lawyer has not come up with anything yet.
I tried calling the lawyer but they say that nothing has come up either.
Now with all the talk about September 2007 the finish date for the BEC where do we stand. My lawyer is quiet, my employer is quite and my 6 years are getting close to complete in January 2007.
How are you guyz coping ? I am tired of waiting .. haven't gone past the first stage.
Hoping for the best.
I received word from my company that my 45 day letter had come in .. this is March 2005. Its more than a year and now they just seem to keep quite. If I persist they say the lawyer has not come up with anything yet.
I tried calling the lawyer but they say that nothing has come up either.
Now with all the talk about September 2007 the finish date for the BEC where do we stand. My lawyer is quiet, my employer is quite and my 6 years are getting close to complete in January 2007.
How are you guyz coping ? I am tired of waiting .. haven't gone past the first stage.
Hoping for the best.
more...
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Kalidindi
07-25 10:10 PM
I just received a confirmation email that I485 of my wife got approved just a couple of days back. But I myself have not received anything. Its kind of weird because she was my dependent and I was the primary applicant.
Can somebody please suggest if they have seen something like this before ?Do I need to do anything ?
Can somebody please suggest if they have seen something like this before ?Do I need to do anything ?
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GCNaseeb
08-08 04:25 PM
Even if you are not working on a project, you are technically working for a H1-B sponsorer. Once you could file your AOS, you are legal with a status of "AOS pending". During 180 days period, you don't have to work and just sit at home. Its very unlikely that your already filed AOS application will get adjudicated within 180 days. Once after 180days of filing, you invoke AC21 and start working on again with any employer.
You are correct. There shuld be a job offer from sponsoring company at the time of applying for AOS. I guess the question is what if the person is not working at all ( No pay stubs from any company ). In this case the candidate will be out of status? There might be cases where people might come on bench or not having a project etc...
You are correct. There shuld be a job offer from sponsoring company at the time of applying for AOS. I guess the question is what if the person is not working at all ( No pay stubs from any company ). In this case the candidate will be out of status? There might be cases where people might come on bench or not having a project etc...
more...
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Apollon
06-30 12:16 AM
The answer is that there are restrictions on using experience gained in the position with the same company. The reason being that you cannot say that the minimum requirement for the position is a BA + 5 when you were hired for the position with less than a BA + 5 experience.
If you use experience gained with the same company the PERM application will be audited. One way to respond to the audit is by showing that you are filing for a different position than the one you gained the experience in and that the position for which you are filing is not substantially comparable to the position where you gained the experience.
My suggestion to you is that you use an experienced immigration attorney that you trust. The laws and procedures involved in filing a PERM application are so complicated and subtle that there are many immigration law attorneys who do not handle PERM cases. I know there are lots of companies that fumble their way through the process without an attorney and are lucky enough not to get audited, but that is just trusting your future to the luck of the draw.
Thank you very much for prompt and precise response. The reason you listed makes perfect sense. However, my situation is a little different and I have a couple of questions, directly related to your answer:
1. As I've mentioned, I do have close to 10 years of accumulated overall experience in my field - only half of it came before I graduated. I was already employed in this field before I started college and during it, and I have experience letters from employers to back that up. The only thing is, since I didn't have a degree, my job title didn't include "engineer" in it, although I was working same field, doing similar jobs. So, it's not that when this sponsor hired me for this position I did not have 5 years of relevant experience in the field - I did, it's just that half of it came before I got the degree and unlike DOL EB2 requirement - my sponsor did not have the restriction for this experience to be post graduate.
My first question is: will this argument work with DOL, saying that when the sponsor hired me I had over 5 years of relevant experience (I can prove it), just not post graduate experience and that is why the sponsor claims this job indeed requires B.Sc. + 5 years experience, although for them it's OK if the experience didnt come after I got the degree?
2. Hypothetically speaking, lets say I found another consulting company, which is willing to apply for my green card through EB2 track, without transferring my H1 visa and before I actually start working for them - will I be able to count these 15 months of experience with current sponsor, when the new company (who I don't work for) will be applying for my green card through EB2?
If you use experience gained with the same company the PERM application will be audited. One way to respond to the audit is by showing that you are filing for a different position than the one you gained the experience in and that the position for which you are filing is not substantially comparable to the position where you gained the experience.
My suggestion to you is that you use an experienced immigration attorney that you trust. The laws and procedures involved in filing a PERM application are so complicated and subtle that there are many immigration law attorneys who do not handle PERM cases. I know there are lots of companies that fumble their way through the process without an attorney and are lucky enough not to get audited, but that is just trusting your future to the luck of the draw.
Thank you very much for prompt and precise response. The reason you listed makes perfect sense. However, my situation is a little different and I have a couple of questions, directly related to your answer:
1. As I've mentioned, I do have close to 10 years of accumulated overall experience in my field - only half of it came before I graduated. I was already employed in this field before I started college and during it, and I have experience letters from employers to back that up. The only thing is, since I didn't have a degree, my job title didn't include "engineer" in it, although I was working same field, doing similar jobs. So, it's not that when this sponsor hired me for this position I did not have 5 years of relevant experience in the field - I did, it's just that half of it came before I got the degree and unlike DOL EB2 requirement - my sponsor did not have the restriction for this experience to be post graduate.
My first question is: will this argument work with DOL, saying that when the sponsor hired me I had over 5 years of relevant experience (I can prove it), just not post graduate experience and that is why the sponsor claims this job indeed requires B.Sc. + 5 years experience, although for them it's OK if the experience didnt come after I got the degree?
2. Hypothetically speaking, lets say I found another consulting company, which is willing to apply for my green card through EB2 track, without transferring my H1 visa and before I actually start working for them - will I be able to count these 15 months of experience with current sponsor, when the new company (who I don't work for) will be applying for my green card through EB2?
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wandmaker
12-07 11:19 PM
I applied I-485 and have recieved EAD in Sept, 2007. Now early next year (i.e. Jan/Feb 2008) I plan to go out of US for a year to complete an academic course. During that time, I would have to renew my EAD so that I can get back and start working. Anyone who has some experience or knowledge how this can be done from outside US... or is there a process to follow before I leave.
Also I am told that I might receive another finger printing request duirng the same time I am out of this country, any idea !!
(1) You can renew your EAD while you are outside the country (2) you should come back before your AP expires or get back with the valid visa (3) if you e-file your EAD you will get a finger printing notice, you will have to goto ASC to give your picture. Paperfiling does not trigger EAD unless your FP expires, which is usally 15 months from your last FP.
Also I am told that I might receive another finger printing request duirng the same time I am out of this country, any idea !!
(1) You can renew your EAD while you are outside the country (2) you should come back before your AP expires or get back with the valid visa (3) if you e-file your EAD you will get a finger printing notice, you will have to goto ASC to give your picture. Paperfiling does not trigger EAD unless your FP expires, which is usally 15 months from your last FP.
more...
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jettu77
10-05 02:15 PM
I am a July 2nd filer, sent my app to NSC and got transferred to TSC , received the receipts on Sept 6th and the notice date is Sept 4th.
I was on phone with NSC customer support and was asking about AP status and the rep was saying that they are currently processing June 17th 07 AP documents and they process by the date the app's get entered into their system.
Rep asked me to wait for 90 days from the notice date for AP status.
I am not sure if this is correct and wanted to see if any one is in the same situation.
I was on phone with NSC customer support and was asking about AP status and the rep was saying that they are currently processing June 17th 07 AP documents and they process by the date the app's get entered into their system.
Rep asked me to wait for 90 days from the notice date for AP status.
I am not sure if this is correct and wanted to see if any one is in the same situation.
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cal97
03-12 02:17 PM
Congratulations! I am not sure if the online status is being updated. I got my I-140 approval on 3/5/2009 and still shows as pending online.
Anyways, enjoy your freedom.
After a long 5 years I finally received 485 case approved letter for both my case and my spouse's case. However the online status still shows pending. Is this common?. How long would it take for the online case status to be updated.
EB2- PB Dec2003
485 Filed date: 08/02/07
Texas service center
Anyways, enjoy your freedom.
After a long 5 years I finally received 485 case approved letter for both my case and my spouse's case. However the online status still shows pending. Is this common?. How long would it take for the online case status to be updated.
EB2- PB Dec2003
485 Filed date: 08/02/07
Texas service center
more...
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forgerator
05-02 07:11 PM
I entered last year on Sept 2nd when my stamp was going to expire on Sept 30th, but I had my I797 with me. The officer asked me whether I was aware that my stamp is going to expire at end of September, I said yes I am aware. He then asked me for my I797 which clearly showed my H1 is valid until 2010. After about half an hour he let me through.
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tnite
08-09 10:39 PM
bump
more...
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bskrishna
04-21 12:01 AM
I had applied for AP at NSC got it in a months time. I had applied for EAD on Oct 26th of last year. Got it approved by December 14th. Are majority of the people experiencing EAD delays of late?
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st4rguitar
04-06 02:05 PM
My LCA was approved in July 2007.
My lawyer sent the I-14 application to USCIS in January 2008 before the 180 day period but my employer dated the USCIS fee check as 2005.
The USCIS returned the application asking us to re-send the application with a new check.
My lawyer sent the application again with a new check but by the time this application reached USCIS the 180 day period was over and USCIS returned the application again stating that my 180 period is over and they cannot accept the I-140 application now.
I am in the process of filing a fresh Labor Cert again. I guess now I will get a priority date of July 2008 and therefore I am losing 1 whole year in this process.
Is there a way out and will USCIS accept my application? The bad part here is the first application sent was before time but the check date was wrong.
All suggestions are highly appreciated.
I like roseball's suggestion here, although "not to be opened by mailroom" is sort of like writing "fragile" on a package - you get the person in a bad mood who will kick the fragile package - know what I mean?
Other than that, that just SUCKS for you. There's no other way of saying it, it just sucks. I'm sorry that happened to you.
My lawyer sent the I-14 application to USCIS in January 2008 before the 180 day period but my employer dated the USCIS fee check as 2005.
The USCIS returned the application asking us to re-send the application with a new check.
My lawyer sent the application again with a new check but by the time this application reached USCIS the 180 day period was over and USCIS returned the application again stating that my 180 period is over and they cannot accept the I-140 application now.
I am in the process of filing a fresh Labor Cert again. I guess now I will get a priority date of July 2008 and therefore I am losing 1 whole year in this process.
Is there a way out and will USCIS accept my application? The bad part here is the first application sent was before time but the check date was wrong.
All suggestions are highly appreciated.
I like roseball's suggestion here, although "not to be opened by mailroom" is sort of like writing "fragile" on a package - you get the person in a bad mood who will kick the fragile package - know what I mean?
Other than that, that just SUCKS for you. There's no other way of saying it, it just sucks. I'm sorry that happened to you.
more...
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arunmohan
03-06 11:19 PM
I will fax it on Monday.
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skagitswimmer
June 19th, 2005, 09:58 AM
A bit better but still a little grey. I don't think you can get detail on the chest area for instance and keep the blacks looking black on the rest of the bird.
I do use autofocus, at least with the 1D2 it works fine. The 20D is a bit iffy, it should work but it hunts sometimes.
Here is another version, with FM shadow recovery set to 2 - and I used a mask to limit it only to the darkest areas.
By the way - when I opened the attachment it looked washed out to me too, because it opens in windows rather than in Adobe PSCS2. They use different colourspaces. - try opening the attachment in an adobe colourspace and see if it makes a difference.
Re the autofocus, it may be that the 100-400 doesn't allow AF. There is absolutely none on the setup I'm using - a 350D + the 100-400L + type II TC 1.4
I do use autofocus, at least with the 1D2 it works fine. The 20D is a bit iffy, it should work but it hunts sometimes.
Here is another version, with FM shadow recovery set to 2 - and I used a mask to limit it only to the darkest areas.
By the way - when I opened the attachment it looked washed out to me too, because it opens in windows rather than in Adobe PSCS2. They use different colourspaces. - try opening the attachment in an adobe colourspace and see if it makes a difference.
Re the autofocus, it may be that the 100-400 doesn't allow AF. There is absolutely none on the setup I'm using - a 350D + the 100-400L + type II TC 1.4
more...
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DyersEve
10-03 02:17 AM
Awesome, it worked great....god this forum is great. w00t :)
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dkshitij
02-07 01:38 PM
The video can be found at Immigration Policy - C-SPAN Video Library (http://www.c-spanvideo.org/program/ImmigrationPolicy19)
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TeddyKoochu
06-01 02:07 PM
I agree and believe we can get #3 passed. It will provide relief to thousands like myself who have to struggle to maintain a status.
I have asked this question several times to IV/Pappu but got no response. Is is possible to ask for this provision asap ? We know that IV is working on a bigger cause to get us all GC's but honestly no one is sure when and if CIR will happen. Even if it does no one can guarantee that our interests will not be put aside.
I am surprised that whenever I ask for this temporary relief, I see no one else coming forward. I know that there are thousands waiting to file their I-485 but no one wants to speak up ?! That's very disheartening !
Satya & OP. I agree with you. Point # 3 is very significant to many many people who don't have EAD. I believe that nothing also happened to the pre-filing concept which would have allowed this. I also do very sincerely appreciate IV's efforts for the larger cause of CIR, let�s see what happens.
I have asked this question several times to IV/Pappu but got no response. Is is possible to ask for this provision asap ? We know that IV is working on a bigger cause to get us all GC's but honestly no one is sure when and if CIR will happen. Even if it does no one can guarantee that our interests will not be put aside.
I am surprised that whenever I ask for this temporary relief, I see no one else coming forward. I know that there are thousands waiting to file their I-485 but no one wants to speak up ?! That's very disheartening !
Satya & OP. I agree with you. Point # 3 is very significant to many many people who don't have EAD. I believe that nothing also happened to the pre-filing concept which would have allowed this. I also do very sincerely appreciate IV's efforts for the larger cause of CIR, let�s see what happens.
vdlrao
10-18 11:02 AM
It would be more convinience for all of us if you can provide that $50 option through online than physical check. Please consider this.
Thanks.
Thanks.
nixstor
08-30 12:59 PM
perm2gc,
Southwest, JetBlue, Airtran who are low fare carriers might have stopped doing that. A friend of mine flew on his in-laws frequent flier miles on Southwest a couple of years back. I am not sure what their policy is currently. I know Big airlines like American, United allow to transfer miles for charges varying between 5 to 25 dollars depending on the number of days left for travel. Also, not all seats are available for award travel on a given flight. It varies from the frequent flyer's status ( General, Premier, 1K ) what ever. I am sure the core people are looking into these considertations.
Southwest, JetBlue, Airtran who are low fare carriers might have stopped doing that. A friend of mine flew on his in-laws frequent flier miles on Southwest a couple of years back. I am not sure what their policy is currently. I know Big airlines like American, United allow to transfer miles for charges varying between 5 to 25 dollars depending on the number of days left for travel. Also, not all seats are available for award travel on a given flight. It varies from the frequent flyer's status ( General, Premier, 1K ) what ever. I am sure the core people are looking into these considertations.
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