manand24
07-27 02:55 PM
Even though receipts are generated based on received date, I assume they will process by priority date , if not what is use of priority date after filing I-485?
Gurus, any body know how USCIS will process 485 applications?
If the dates are current, then from what I have heard is USCIS will process the 485 applications based on the RD, if the dates are not current then it is based on PD.
Gurus, any body know how USCIS will process 485 applications?
If the dates are current, then from what I have heard is USCIS will process the 485 applications based on the RD, if the dates are not current then it is based on PD.
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cr52401
04-25 02:18 PM
Thank you for you all help but I am commited to a project by the end of July. This is the every day work and can not leave at least for 6 weeks.
DO yuo have any other solution. Do you think it might be a way to go around it?
Thank you.
DO yuo have any other solution. Do you think it might be a way to go around it?
Thank you.
waitin_toolong
07-30 01:36 PM
My attorney says that I-485 should be filed at the same location where I-140 was filed (when I-485 & I-140 were not filed concurrently) Is this correct?
Yes
Yes
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martinvisalaw
01-12 02:19 PM
My husband and I are British, not sure if that slows things up or down :)
Being British makes it as fast as anyone. India, China, Mexico and the Phillipines are sometimes slower.
Being British makes it as fast as anyone. India, China, Mexico and the Phillipines are sometimes slower.
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caforum2
08-24 02:08 PM
I have similar situation and not sure whether I will be able to apply for H1B revalidation..
I filed my i 140 and i 485 on Dec 23rd 2003 under EB3 category. I think my labor was filed under EB3 category. My Priority date is Mid August 2003. After 180 days of filing (around Nov 2004) I left my sponsoring company and joined another company with similar Job responsibility (to avail AC21), But didn't get my H1b transferred to new company. I got married recently and Ofcourse I can't file for my wife's i 485 since I am from India and visa numbers are not available. Can I get my H1Bvisa transferred to new employer if he is willing to sponsor? I got 3 years on H1B left
I filed my i 140 and i 485 on Dec 23rd 2003 under EB3 category. I think my labor was filed under EB3 category. My Priority date is Mid August 2003. After 180 days of filing (around Nov 2004) I left my sponsoring company and joined another company with similar Job responsibility (to avail AC21), But didn't get my H1b transferred to new company. I got married recently and Ofcourse I can't file for my wife's i 485 since I am from India and visa numbers are not available. Can I get my H1Bvisa transferred to new employer if he is willing to sponsor? I got 3 years on H1B left
IAspire
02-21 02:30 PM
I am from India.
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number30
03-17 11:25 AM
Add you wife , 2 weeks before she comes, IE if she is coming on 16th may add her on 1st may.
pay some extra premium.
wouldn't that be common sense....
You cannot add before she comes here. She can bring some insurence from country of origin.
pay some extra premium.
wouldn't that be common sense....
You cannot add before she comes here. She can bring some insurence from country of origin.
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ryan
05-27 03:22 AM
Attny said: If we port to this new 140. IF in case its rejected, then since this 140 is linked to my old 485 application, it will not be adjusted.
I was not agreed. Then they said, According to Nebraska service center, in Nov 2010 - They are not entertaining adjusting pending 485 with newly ported but rejected 140.
So, Attny said, for safe , since I am no longer on h1, they suggested to port after second 140 approved.
How ever, I need to make this is false. Still I dont agree this logic.
May I make a sincere suggestion. Please, go back to school, take a course in English grammar, writing mechanisms and reading comprehension. People can better respond to you, when they understand whatever is it you are asking. You may also be able to file as a qualified EB2 applicant. No pun intended.
I was not agreed. Then they said, According to Nebraska service center, in Nov 2010 - They are not entertaining adjusting pending 485 with newly ported but rejected 140.
So, Attny said, for safe , since I am no longer on h1, they suggested to port after second 140 approved.
How ever, I need to make this is false. Still I dont agree this logic.
May I make a sincere suggestion. Please, go back to school, take a course in English grammar, writing mechanisms and reading comprehension. People can better respond to you, when they understand whatever is it you are asking. You may also be able to file as a qualified EB2 applicant. No pun intended.
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ssss
05-18 12:56 AM
Your question is not clear. "her green card expires on the 21st of august"
- She already got GC ? and expiring after five or 10 years? If so, the divorce will not impact the GC process.
"she has an appointment on that day for what i think is to get her permanent residency"
- If she is not yet getting her GC, then it will impact the GC. Either she has to be patient or lose it. Even after getting GC, if she goes for divorce immediately it will trigger investigation as if your friend married US citizen just to get the GC.
This process is complicated and I dont think you can get the right answer in this forum. Better check with attoney.
Probably he is talking about the conditional green card one gets after marrying a US citizen
- She already got GC ? and expiring after five or 10 years? If so, the divorce will not impact the GC process.
"she has an appointment on that day for what i think is to get her permanent residency"
- If she is not yet getting her GC, then it will impact the GC. Either she has to be patient or lose it. Even after getting GC, if she goes for divorce immediately it will trigger investigation as if your friend married US citizen just to get the GC.
This process is complicated and I dont think you can get the right answer in this forum. Better check with attoney.
Probably he is talking about the conditional green card one gets after marrying a US citizen
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ssd213
02-25 04:53 PM
Bear in mind the following
You dont need to pay any tax in India for money that you withdraw from your 401k for only upto two years after you return back to india. (your are no longer a nri and the 2 years is the buffer)
For any money you withdraw after 2 years, you need to tay tax in US (which shouldnt be a lot if you withdraw little by little and you being non-resident of usa) and also pay tax in india (which could be quite a bit)
You dont need to pay any tax in India for money that you withdraw from your 401k for only upto two years after you return back to india. (your are no longer a nri and the 2 years is the buffer)
For any money you withdraw after 2 years, you need to tay tax in US (which shouldnt be a lot if you withdraw little by little and you being non-resident of usa) and also pay tax in india (which could be quite a bit)
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mk26
05-24 09:14 AM
Nobody wants to 'predict'? Or people are interested only in seeing the real data!
click below to find information you reqested:
http://immigrationvoice.org/forum/forum2-retrogression-priority-dates-and-visa-bulletins/1331594-eb2-eb3-predictions-rather-calculations-63.html
click below to find information you reqested:
http://immigrationvoice.org/forum/forum2-retrogression-priority-dates-and-visa-bulletins/1331594-eb2-eb3-predictions-rather-calculations-63.html
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ashwaghoshk
04-26 08:01 AM
Rollingstone is right. There are chances of the 7th year extension only if your labor is 365 days pending or have an approved labor/I-140. If one of these applies to your case then you should have activated your 3 months of H1B in premium processing. Why didnt you do the premium processing? Now that your 6 years of H1 have ended i really doubt USCIS will consider your case and give the 7th year extension. Not trying to scare you but that's what I feel.
I hope you get the extension. Good Luck.
I hope you get the extension. Good Luck.
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suriajay12
11-02 05:38 PM
Dear President Elect _______
Congratulations sir, on your election to the Presidency of the United States of America. It has truly been inspirational for me to follow your campaign.
As a legal immigrant to this country, my one regret this season is that after nearly 10 yrs in this country, I was unable to participate in this process by actually voting. In fact, I am yet to be the beneficiary of a green card. I am caught up in the quagmire that is our legal immigration system. Yet, I understand fully that this does not represent the spirit of America, so I keep hoping.
I have been waiting patiently for many years and following all the rules set forth. Though there are many pressing issues to be dealt with, I hope that you would make the issue of addressing legal immigration reform and transparency, one of your administration's early priorities. As you are aware this issue is also critically linked to economic competitiveness and global economic leadership. I feel certain that your bi-partisan leadership can accomplish sensible reform quickly.
Respectfully,
Alterego,
EXCELLANT!!!.
My expression wouldnt have come closer to that of yours. Good.
I would also add something related to buying houses. Thats where the market needs some money to be pumped in ,thats where there are many job losses.
"Unable to vote" is a good point you brought up. Most of us probably didnt mention that,. I am sorry if wrong.
Lets together start writing to the new president who I am sure will be very energetic and taking quicker actions in the right direction.
And do not forget to write to the media.
Great.,
Congratulations sir, on your election to the Presidency of the United States of America. It has truly been inspirational for me to follow your campaign.
As a legal immigrant to this country, my one regret this season is that after nearly 10 yrs in this country, I was unable to participate in this process by actually voting. In fact, I am yet to be the beneficiary of a green card. I am caught up in the quagmire that is our legal immigration system. Yet, I understand fully that this does not represent the spirit of America, so I keep hoping.
I have been waiting patiently for many years and following all the rules set forth. Though there are many pressing issues to be dealt with, I hope that you would make the issue of addressing legal immigration reform and transparency, one of your administration's early priorities. As you are aware this issue is also critically linked to economic competitiveness and global economic leadership. I feel certain that your bi-partisan leadership can accomplish sensible reform quickly.
Respectfully,
Alterego,
EXCELLANT!!!.
My expression wouldnt have come closer to that of yours. Good.
I would also add something related to buying houses. Thats where the market needs some money to be pumped in ,thats where there are many job losses.
"Unable to vote" is a good point you brought up. Most of us probably didnt mention that,. I am sorry if wrong.
Lets together start writing to the new president who I am sure will be very energetic and taking quicker actions in the right direction.
And do not forget to write to the media.
Great.,
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saimrathi
07-10 09:45 AM
I heard once you get your GC, you have to stay 6 months in US?
thats correct , india is booming right now and it will only go up
So i think that even if we succeed in getting the green card , we should always have one option to going back.
thats correct , india is booming right now and it will only go up
So i think that even if we succeed in getting the green card , we should always have one option to going back.
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ambals03
04-29 04:18 PM
Video - Opinion Journal: The Other Immigrants -- Stuart Anderson on high-skilled foreign workers. - WSJ.com (http://online.wsj.com/video/opinion-journal-the-other-immigrants/2DA1C016-C62B-4CE1-88FE-8F4502C9B9C8.html)
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reddog
09-28 09:48 AM
Most likely the employer will not go thru the suing process to recover $4000, he will simply put you in his black book.
At the max, you will not have the luxury of asking experiences letter or any other document you may/may not need now or in the future.
3 years is a pretty long time and I believe you should negotiate with him and leave proffesionally.
That way, even if you do not pay, you always keep the option open of paying him when you need him later. ( I know it sounds repulsive, but depending on other circumstances, like how much did he keep out of the billing rate and what other benefits he was giving you and many other factors) should contribute to your resigning deal with him.
At the max, you will not have the luxury of asking experiences letter or any other document you may/may not need now or in the future.
3 years is a pretty long time and I believe you should negotiate with him and leave proffesionally.
That way, even if you do not pay, you always keep the option open of paying him when you need him later. ( I know it sounds repulsive, but depending on other circumstances, like how much did he keep out of the billing rate and what other benefits he was giving you and many other factors) should contribute to your resigning deal with him.
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highskies26
08-15 12:07 AM
+2003 11
2004 37
2005 49
2006 35
Total 132
draw your own conclusions
Seems right to me... I think a lot of 2004-2005 applicants are also getting approved.
BTW, I am also a 2006 applicant and July 2nd filer but still waiting... :(
2004 37
2005 49
2006 35
Total 132
draw your own conclusions
Seems right to me... I think a lot of 2004-2005 applicants are also getting approved.
BTW, I am also a 2006 applicant and July 2nd filer but still waiting... :(
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sapking
12-14 11:13 PM
What did your attorney say?
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[uber]
04-08 02:13 PM
interesting
syedajmal
09-22 12:50 PM
Hi Sydeajmal,
How long did it take for your EAD to get approved once you have submitted your RFE
Regards
Vijay
I got my AP approved on 09/13 and got the documents on 09/20
How long did it take for your EAD to get approved once you have submitted your RFE
Regards
Vijay
I got my AP approved on 09/13 and got the documents on 09/20
raysaikat
07-10 08:50 PM
Hello,
I currently hold H1b visa (cap quota), i have an offer from a non profit organization and they are willing to sponsor for my H1b (non cap as this is from a non profit org). I'd like to know will there be any problem if in future i plan to move to a company that will sponsor h1b (cap). How difficult is to transfer from non cap h1 to cap h1?
There is nothing called "transfer". Every time the employer makes a new H1-B petition on behalf of the employee. There is no extra difficulty when you plan to move from your current job to another position that is subject to cap. The new employer will simply file a new H1-B petition.
I read online that if i plan to move from a non-cap h1 to cap h1 in future i have to apply in April under the general quota and wait until Oct to start work again.
This is not true in all cases (including your case). The rule is that if you have once counted in the last 6 years, then you are not subject to cap again. This however also means that you will only be able to get the remaining years from the 6 years limit. For instance, suppose you were counted the first time 5 years before. Then when you again another H1-B, although you will not be subject to cap, you will be able to remain in H1-B only for 1 year. If you do something to reset your H1-B clock (by staying outside US for 1 year, for example), then you will again be subject to cap.
Here is the actual language of the law:
(7) 2/ Any alien who has already been counted within the 6 years prior to the approval of a petition described in subsection (c), toward the numerical limitations of paragraph (1)(A)shall not again be counted toward those limitations unless the alien would be eligible for a full 6 years of authorized admission at the time the petition is filed. Where multiple petitions are approved for 1 alien, that alien shall be counted only once.
I highly recommend that you read the 8 CFR from uscis.gov.
What you "heard" is true for a person who never was on H1-B, and starts his/her career in a cap-exempt position. That person, when s/he wants to move to a non-cap-exempt position, will be subject to cap.
though i can work until the petition is pending.
I'd really appreciate any advise...
Thanks
Raj
I currently hold H1b visa (cap quota), i have an offer from a non profit organization and they are willing to sponsor for my H1b (non cap as this is from a non profit org). I'd like to know will there be any problem if in future i plan to move to a company that will sponsor h1b (cap). How difficult is to transfer from non cap h1 to cap h1?
There is nothing called "transfer". Every time the employer makes a new H1-B petition on behalf of the employee. There is no extra difficulty when you plan to move from your current job to another position that is subject to cap. The new employer will simply file a new H1-B petition.
I read online that if i plan to move from a non-cap h1 to cap h1 in future i have to apply in April under the general quota and wait until Oct to start work again.
This is not true in all cases (including your case). The rule is that if you have once counted in the last 6 years, then you are not subject to cap again. This however also means that you will only be able to get the remaining years from the 6 years limit. For instance, suppose you were counted the first time 5 years before. Then when you again another H1-B, although you will not be subject to cap, you will be able to remain in H1-B only for 1 year. If you do something to reset your H1-B clock (by staying outside US for 1 year, for example), then you will again be subject to cap.
Here is the actual language of the law:
(7) 2/ Any alien who has already been counted within the 6 years prior to the approval of a petition described in subsection (c), toward the numerical limitations of paragraph (1)(A)shall not again be counted toward those limitations unless the alien would be eligible for a full 6 years of authorized admission at the time the petition is filed. Where multiple petitions are approved for 1 alien, that alien shall be counted only once.
I highly recommend that you read the 8 CFR from uscis.gov.
What you "heard" is true for a person who never was on H1-B, and starts his/her career in a cap-exempt position. That person, when s/he wants to move to a non-cap-exempt position, will be subject to cap.
though i can work until the petition is pending.
I'd really appreciate any advise...
Thanks
Raj
