ksircar
08-10 07:59 PM
In absence of birth certificate you may get two affidavits on stamp paper - one from your parents and another from someone other than your parents (that is what my attorney told me).
If you can't file by Aug 17th, then the situation is just anybody's guess. Some people are talking about retrogression of dates back to 2001. So you never know what is going to happen.
Do whatever you need to do - you have only couple of days left.
Best of luck.
If you can't file by Aug 17th, then the situation is just anybody's guess. Some people are talking about retrogression of dates back to 2001. So you never know what is going to happen.
Do whatever you need to do - you have only couple of days left.
Best of luck.
paskal
06-13 04:41 PM
Looks like you are in a rush .. You filed your labor in 2007 and expect to get a GC before a guy who is waiting in EB3 from 2002 0r 2003 ?
There is nothing wrong in converting from EB3 to EB2 , if you are qualified . How long you are going to wait in EB3 ?
By the way I m Eb2 2006.
nothing wrong in convering if one is eligible.
here is the problem though....each one can judge for themselves, i'm just presenting the facts:
EB2 requires an advanced degree- lets say it takes anadditional 3 years
EB3 can join a job after bachelors and get a PD. 5 years later switch jobs and claim EB2 with teh experience with the old PD
now suddenly the original EB2 filer is behind- his/her years spent getting the advanced degree count for nothing. the PD is 3 years behind the EB3 filer. so the experience suddenly trumps the education because and only because the EB3 filer could file sooner.
the law of the land gives preference to people with advanced degrees.
it allows substitution with experience. so far so good. the problem is the direct PD portability that hands a significant advantage to the EB3 converters ie experience over degree- an unintended consequence of this.
you can argue that it should be FIFO. maybe it should. but as of now the prefence is for advanced degrees and the ability to "upgrade" puts those who choose to get the advanced degrees at a disadvantage. they spend extra years waiting too- and unable to file and get a PD. and without an income. and then get penalized for it.
this whole PD thing is in many ways simply nonsensical. in any case country quotas and LC subs make mockery of it.
so....
There is nothing wrong in converting from EB3 to EB2 , if you are qualified . How long you are going to wait in EB3 ?
By the way I m Eb2 2006.
nothing wrong in convering if one is eligible.
here is the problem though....each one can judge for themselves, i'm just presenting the facts:
EB2 requires an advanced degree- lets say it takes anadditional 3 years
EB3 can join a job after bachelors and get a PD. 5 years later switch jobs and claim EB2 with teh experience with the old PD
now suddenly the original EB2 filer is behind- his/her years spent getting the advanced degree count for nothing. the PD is 3 years behind the EB3 filer. so the experience suddenly trumps the education because and only because the EB3 filer could file sooner.
the law of the land gives preference to people with advanced degrees.
it allows substitution with experience. so far so good. the problem is the direct PD portability that hands a significant advantage to the EB3 converters ie experience over degree- an unintended consequence of this.
you can argue that it should be FIFO. maybe it should. but as of now the prefence is for advanced degrees and the ability to "upgrade" puts those who choose to get the advanced degrees at a disadvantage. they spend extra years waiting too- and unable to file and get a PD. and without an income. and then get penalized for it.
this whole PD thing is in many ways simply nonsensical. in any case country quotas and LC subs make mockery of it.
so....
eb3retro
08-21 01:15 PM
1) Are there any issues traveling on AP under the following circumstances??
- there's no current H1 stamp, although H1 extension for 3 years has been approved
- AP is expiring within 2-3 days of planned return?
- New AP is filed/pending, Receipt Notice received
- Employer is a Fortune 500
2) I've read previously that they ask you if you've changed employers since filing I-485. Anybody familiar with scenarios where employers have changed??
3) Docs I need to carry, besides... :
- H1 Approval notices?? (All of them since day 1?)
- I-485 Receipt Notice
- I-140 Approval Notice (do i need this?)
- Current AP Approval Notice
- Pending AP Receipt Notice
- Paystub??
- Letter from employer??? (do I need this?)
hi jazzbythebay,
i was in pretty much in the same state like you a couple of months ago. i quit the original employer who sponsored by gc, used AC21 and EAD to join a new employer, and then i had to travel to india within a week of joining the new company. I infact had quit the company since I had an offer with another big multinational and i went to india and came back using AP. no h1 stamping. in both the above situations, i have not informed uscis. so literally when i went out of US and came back, i was unemployed. luckily for me they did not ask me the question of "are you working for the same employer that sponsored ur gc"? this is in SFO airport. as long as u have a valid ap, you could get in, its just that you may get some questions. just be prepared for that. Just show them the documents only if they ask for it. but keep it in hand just for your satisfaction. To me, they dont know much abt ac21 etc (atleast not thoroughly), so we dont need to teach them anything. my only worry in your case is, that you have only 2 days before your expiry of AP. So, make sure you take the ap renewal receipt with you, that alone could just prove them that your renewal is in process. hope this helps..bon voyage...
- there's no current H1 stamp, although H1 extension for 3 years has been approved
- AP is expiring within 2-3 days of planned return?
- New AP is filed/pending, Receipt Notice received
- Employer is a Fortune 500
2) I've read previously that they ask you if you've changed employers since filing I-485. Anybody familiar with scenarios where employers have changed??
3) Docs I need to carry, besides... :
- H1 Approval notices?? (All of them since day 1?)
- I-485 Receipt Notice
- I-140 Approval Notice (do i need this?)
- Current AP Approval Notice
- Pending AP Receipt Notice
- Paystub??
- Letter from employer??? (do I need this?)
hi jazzbythebay,
i was in pretty much in the same state like you a couple of months ago. i quit the original employer who sponsored by gc, used AC21 and EAD to join a new employer, and then i had to travel to india within a week of joining the new company. I infact had quit the company since I had an offer with another big multinational and i went to india and came back using AP. no h1 stamping. in both the above situations, i have not informed uscis. so literally when i went out of US and came back, i was unemployed. luckily for me they did not ask me the question of "are you working for the same employer that sponsored ur gc"? this is in SFO airport. as long as u have a valid ap, you could get in, its just that you may get some questions. just be prepared for that. Just show them the documents only if they ask for it. but keep it in hand just for your satisfaction. To me, they dont know much abt ac21 etc (atleast not thoroughly), so we dont need to teach them anything. my only worry in your case is, that you have only 2 days before your expiry of AP. So, make sure you take the ap renewal receipt with you, that alone could just prove them that your renewal is in process. hope this helps..bon voyage...
dealsnet
10-12 08:37 AM
Your situation is complicated.
There is a 240 days rule to stop working, if H1B is pending for an approval.
It is for working with the same employer. Transfer may be diffrent.
But since it is a premium process, and your I-94 is expired, you need to be very careful.
You are now out of staus, I fear.
So rush to a good lawyer and contact USCIS.
There is a 240 days rule to stop working, if H1B is pending for an approval.
It is for working with the same employer. Transfer may be diffrent.
But since it is a premium process, and your I-94 is expired, you need to be very careful.
You are now out of staus, I fear.
So rush to a good lawyer and contact USCIS.
more...
a_yaja
07-17 10:31 AM
To the best of my knowledge you can not file for AOS while you are on TN . To process your green card you have to switch to your H1B from TN and start your green card as any other national i.e file for your Labor certification, I-140 and then i-485 .This process is same like any other national. All the best.
You can file for AOS from any status. The only problem will be that you cannot renew your non-immigrant visa unless it is a dual intent visa like H1B, L or O.
Since you are a Canadian citizen, I am assuming that you don't actually have to get a H1 visa stamped on your passport (I may be wrong - check with your attorney). When you enter the US, you should be able to show all your documents for H1B approval (LCA application, approved petition, etc - I don't remember the entire list) and get an I-94 with H1B status and expiry date.
As far as AOS petition is concerned, I think it is considered adandoned unless you are on a valid H1 or L status. Since you are on TN status and you will be leaving the country on TN status, your application might be considered adandoned. You will have to talk to an attorney and find out if you can travel out of the country.
You can file for AOS from any status. The only problem will be that you cannot renew your non-immigrant visa unless it is a dual intent visa like H1B, L or O.
Since you are a Canadian citizen, I am assuming that you don't actually have to get a H1 visa stamped on your passport (I may be wrong - check with your attorney). When you enter the US, you should be able to show all your documents for H1B approval (LCA application, approved petition, etc - I don't remember the entire list) and get an I-94 with H1B status and expiry date.
As far as AOS petition is concerned, I think it is considered adandoned unless you are on a valid H1 or L status. Since you are on TN status and you will be leaving the country on TN status, your application might be considered adandoned. You will have to talk to an attorney and find out if you can travel out of the country.
chnaveen
03-22 09:22 PM
My deepest condolenses and sympathies to thier families. May their souls rest in peace.
more...
kumaabh
01-09 12:16 AM
dude post problems in threads in correct english.
lifestrikes
05-31 10:17 PM
Before the Neufled Memo, self H1B sponsorship was possible, but now you will not be able to prove employer-employee relationship.
If you happen to find a way, let me know.
If you happen to find a way, let me know.
more...
nav_kri
03-23 03:10 AM
Folks,
I read in this (http://www.ksdk.com/news/local/story.aspx?storyid=170404&catid=3) report that none of the 4 students were wearing seat belts. Please always wear your seat belts.
My prayers are with their families
I read in this (http://www.ksdk.com/news/local/story.aspx?storyid=170404&catid=3) report that none of the 4 students were wearing seat belts. Please always wear your seat belts.
My prayers are with their families
sweet23guyin
09-25 12:04 PM
April 2008?
6months gone by and you are thinking of getting back/extension to h1b now?
it's a long time to get back to h1b status. If it is expired, then EAD is our only option now.
Your friends are right to be on h1b while 485 pending; If some thing unusual happens to ur pending 485, you are not thrown out of status. And that is when h1b will be help full.
Just in case; see what your lawyer has to say.
6months gone by and you are thinking of getting back/extension to h1b now?
it's a long time to get back to h1b status. If it is expired, then EAD is our only option now.
Your friends are right to be on h1b while 485 pending; If some thing unusual happens to ur pending 485, you are not thrown out of status. And that is when h1b will be help full.
Just in case; see what your lawyer has to say.
more...
krishna_brc
02-18 01:11 PM
Thanks for the quick reply, Krishna. I would infact get paid in INR in an Indian account. But what do we do when we file our taxes? When my husband files as "married filed jointly", do we declare this income? Do you have any inputs on that.
Income earned in India has nothing to do with US taxes.
Even if you file as "married filed jointly", there is no requirement to have it declared.
You will pay US taxes only when the income is earned in US.
You would rather file taxes in India for the INR income.
Thanks,
Krishna
Income earned in India has nothing to do with US taxes.
Even if you file as "married filed jointly", there is no requirement to have it declared.
You will pay US taxes only when the income is earned in US.
You would rather file taxes in India for the INR income.
Thanks,
Krishna
sdudeja
01-30 10:14 AM
It is "document production or oath ceremony.
more...
hebbar77
09-10 12:28 PM
MY PD is july 2004 (I485 filed on 2 July 2007 with ND date 8/9/2007) and I did not get any approvals so I opened a SR on 09/03/09.
Yesterday I received a "DISTURBING" response to the SR saying that my dates are not current because I am in EB3. I am EB2 and had only I140 approved way back in Nov 2006. So I created another SR (with the help of a nice CSR by calling USCIS yesterday 09/09/09) today morning I went for an infopass appointment in DallaS, TX to check why the USCIS is saying my case is in EB3 and not EB2. Luckily at the Infopass I was assigned to a Desi IO to help me with my issue. He spent lot of time looking researching my case and told me that my case is EB2 and the dates are current. During my Infopass appointment the IO noticed that someone audited my case few seconds before and showed me the screen where it showed that my case was PreAdjudicated. He said it looks like soneone is working on the case and I should hear from USCIS quickly. I am sure that the Second SR triggered some one to look at the case. And might be they corrected the EB category.
Now I am eagerly awaiting my approval (primary + 2 Dependents).
My suggesstion to people who are waiting (With PD's before Feb 2005 ) are to Open SR , make Infopass appointments to check on the status. Its very important to know if there are any problems in your case similar to mine.
If anyone needs any help with Opening SR or creating Infopass PM me and I will be glad to help.
My case looks same as urs! thanks for writing.
I just hung up with USCIS before I read this.
first person transferred the call to someone else , that person gave me an email address to forward the earlier SR response and explain the problem!
Yesterday I received a "DISTURBING" response to the SR saying that my dates are not current because I am in EB3. I am EB2 and had only I140 approved way back in Nov 2006. So I created another SR (with the help of a nice CSR by calling USCIS yesterday 09/09/09) today morning I went for an infopass appointment in DallaS, TX to check why the USCIS is saying my case is in EB3 and not EB2. Luckily at the Infopass I was assigned to a Desi IO to help me with my issue. He spent lot of time looking researching my case and told me that my case is EB2 and the dates are current. During my Infopass appointment the IO noticed that someone audited my case few seconds before and showed me the screen where it showed that my case was PreAdjudicated. He said it looks like soneone is working on the case and I should hear from USCIS quickly. I am sure that the Second SR triggered some one to look at the case. And might be they corrected the EB category.
Now I am eagerly awaiting my approval (primary + 2 Dependents).
My suggesstion to people who are waiting (With PD's before Feb 2005 ) are to Open SR , make Infopass appointments to check on the status. Its very important to know if there are any problems in your case similar to mine.
If anyone needs any help with Opening SR or creating Infopass PM me and I will be glad to help.
My case looks same as urs! thanks for writing.
I just hung up with USCIS before I read this.
first person transferred the call to someone else , that person gave me an email address to forward the earlier SR response and explain the problem!
LostInGCProcess
08-18 07:36 PM
I thank you all for your encouraging and kind response.
The new job I have is like a contract job to a client. A big consulting firm has hired me. So, I have not yet spoken to them about any letters that I may require in future should there be an RFE.
My situation was very desperate to get a job...i was without job for more then 3 months and its hard to run a family...and I came to the point where we were planning to return back home....but I got the job just in the last minute, i must say....The requirement for the job was, only GC or Citizens. I told them I am on EAD they said fine we can take you as long as we don't have to sponsor you....So, I took it.
The other issue is, I am getting paid far less then what I used to get. ..so, I don't know if that's acceptable or not with regards to the GC process.
But the work is same. What I used to do earlier, I am doing the same kind of job here with the new client.
So, all these factors has caused lot of confusion in my mind whether to continue with old address or not. I still have 2 more months on the lease for the old apt address...so I got some more time to think about this job.
Thanks again for all your advice.
Chanduv, I know you started a thread on "RFE for AR-11" to poll, but I did not followup on that.
The new job I have is like a contract job to a client. A big consulting firm has hired me. So, I have not yet spoken to them about any letters that I may require in future should there be an RFE.
My situation was very desperate to get a job...i was without job for more then 3 months and its hard to run a family...and I came to the point where we were planning to return back home....but I got the job just in the last minute, i must say....The requirement for the job was, only GC or Citizens. I told them I am on EAD they said fine we can take you as long as we don't have to sponsor you....So, I took it.
The other issue is, I am getting paid far less then what I used to get. ..so, I don't know if that's acceptable or not with regards to the GC process.
But the work is same. What I used to do earlier, I am doing the same kind of job here with the new client.
So, all these factors has caused lot of confusion in my mind whether to continue with old address or not. I still have 2 more months on the lease for the old apt address...so I got some more time to think about this job.
Thanks again for all your advice.
Chanduv, I know you started a thread on "RFE for AR-11" to poll, but I did not followup on that.
more...
RadioactveChimp
04-16 01:50 AM
lol sorry
I formally appologize to those whom I have hurt, by ranting on their threads
Sincerely,
Dean Schneider
I formally appologize to those whom I have hurt, by ranting on their threads
Sincerely,
Dean Schneider
vmetla
07-31 12:41 AM
I guess both options are good but I would suggest option 1. Btw you should kick you lawyer's a** so hard so that he would not make this mistake again in his life. Sorry for my language. Why do these lawyers screw up our lives? I have had enough with these so called idiots who cannot do a simple job without making any mistakes. My lawyer screwed up my life with just a single mistake and I have been suffering for the past 5 years now, otherwise I would have got my GC in 2005.
Anyways, dont worry you should be just fine. Please contact Murthy or some other good laywers to work on your RFE and do not go with your current lawyer please.
Yes thats right. I never thought i would face this issue with a single line on the ETA form.
I have taken this issue with my HR, and they are changing the immigration lawyers.
As a contingency measure, my HR is applying for 1 H1 extension, just in case the I-140 is denied. I hope the USCIS adjudicator is a cool guy and get satisfied with the evidence i submit.
Anyways, dont worry you should be just fine. Please contact Murthy or some other good laywers to work on your RFE and do not go with your current lawyer please.
Yes thats right. I never thought i would face this issue with a single line on the ETA form.
I have taken this issue with my HR, and they are changing the immigration lawyers.
As a contingency measure, my HR is applying for 1 H1 extension, just in case the I-140 is denied. I hope the USCIS adjudicator is a cool guy and get satisfied with the evidence i submit.
more...
sertasheep
07-09 08:26 PM
nixtor and english_august are requesting IV members to join them tomorrow in Washington DC.
It would be great if members are able to make it to this event.
It would be great if members are able to make it to this event.
questions
06-10 10:07 AM
Get a good lawyer and ask them to file a Nunc Pro Tunc. Since you are under 6 months it shouldn't be a big deal.
-Sri
Hi Sri,
thanks for helping out. What is a nunc pro tunc and what will it do for me? Does this need to be filed by a lawyer?
-Sri
Hi Sri,
thanks for helping out. What is a nunc pro tunc and what will it do for me? Does this need to be filed by a lawyer?
akred
04-17 12:07 AM
It does not matter when no bill is passed and also we are not even close to it. This is giving just false hope .Hope for best and prepare for worst
True. Best possible window of action may be immediately after a Democratic victory in 08. Probably will take another Clinton to undo what the first Clinton wrought with 245(i).
True. Best possible window of action may be immediately after a Democratic victory in 08. Probably will take another Clinton to undo what the first Clinton wrought with 245(i).
prem_goel
08-18 07:31 PM
most likely if your app has been already pre-adjudicated (meaning you are outside the processing dates of 485 and life has been cool so far), then I would guess life would continue to be cool.
swati2309
06-20 03:53 PM
Our fellow marchers,
The two of us, here in LA, are trying to hear as many stories as possible and get all the information to write our script. The more compelling the stories, the more powerful this documentary can be.
This is a collective voice and we are all in this together. Think of this as our chance to make this voice heard. All of us who are part of this struggle are giving our best in creating world-class software, products & services. But most of all, we are providing some of the best years of our life to this adopted homeland of ours. In return, we are living our life in a holding pattern instead of realizing our potential to the fullest.
Please do come forward and share your stories with us. People who are not in LA can still be a part of this, email us your stories. We will figure out a way to weave you in If you wish to stay anonymous, let us know and we will not mention your names, we just want to understand your life stories.
The broader our understanding of the issues that all of us are facing, the stronger the script would come out to be.
Bring your unique gift to this voice and help us make a change for all of us.
You can email Jwalant at jay@immigrationvoice.org or us at weTheVoice@gmail.com
Thanks
Aradhana & Swati
The two of us, here in LA, are trying to hear as many stories as possible and get all the information to write our script. The more compelling the stories, the more powerful this documentary can be.
This is a collective voice and we are all in this together. Think of this as our chance to make this voice heard. All of us who are part of this struggle are giving our best in creating world-class software, products & services. But most of all, we are providing some of the best years of our life to this adopted homeland of ours. In return, we are living our life in a holding pattern instead of realizing our potential to the fullest.
Please do come forward and share your stories with us. People who are not in LA can still be a part of this, email us your stories. We will figure out a way to weave you in If you wish to stay anonymous, let us know and we will not mention your names, we just want to understand your life stories.
The broader our understanding of the issues that all of us are facing, the stronger the script would come out to be.
Bring your unique gift to this voice and help us make a change for all of us.
You can email Jwalant at jay@immigrationvoice.org or us at weTheVoice@gmail.com
Thanks
Aradhana & Swati