meridiani.planum
07-23 05:41 AM
All,
I feel that those who concurrently filed I-140/485 in July 2007 are very lucky!
Here is my situation -
Previous Employer -
EB3,PD-Jan'04,I-140 cleared. Switched in June 2007 and wasn't able to file I-485 in July 2007
New Employer -
EB2, PD-Dec'-07, I-140 (Feb'08 - pending)
Question -
Based on Jun'08 Visa bulletin the dates for EB2-India were at Apr'04. Filed for I-140/485 based on my old priority date for EB3 labor (Jan'04). Explaining USCIS for PD transfer.
Well, folks at NSC did not understand the PD transfer concept and send my application back. Unclear as to what do now. I guess need to wait until the dates for EB2-India reach Dec'07 such that I can file.
Any "Creative" thoughts on how to approach USCIS moving forward.
Thanks in advance for your replies.
Aamchimumbai
my understanding was that in this case you would not do a concurrent filing. You would file the I-140 requesting PD recapture. Once the I-140 was approved, and your PD-recapture also approved, at that point your new PD is confirmed and thats what allows you to file the I-485.
I feel that those who concurrently filed I-140/485 in July 2007 are very lucky!
Here is my situation -
Previous Employer -
EB3,PD-Jan'04,I-140 cleared. Switched in June 2007 and wasn't able to file I-485 in July 2007
New Employer -
EB2, PD-Dec'-07, I-140 (Feb'08 - pending)
Question -
Based on Jun'08 Visa bulletin the dates for EB2-India were at Apr'04. Filed for I-140/485 based on my old priority date for EB3 labor (Jan'04). Explaining USCIS for PD transfer.
Well, folks at NSC did not understand the PD transfer concept and send my application back. Unclear as to what do now. I guess need to wait until the dates for EB2-India reach Dec'07 such that I can file.
Any "Creative" thoughts on how to approach USCIS moving forward.
Thanks in advance for your replies.
Aamchimumbai
my understanding was that in this case you would not do a concurrent filing. You would file the I-140 requesting PD recapture. Once the I-140 was approved, and your PD-recapture also approved, at that point your new PD is confirmed and thats what allows you to file the I-485.
wallpaper Adult male Common Loon (Gavia
bharmohan
08-15 10:20 PM
Gurus,
On Aug 13th got an automated email from USCIS that they received information from DOS on Aug 9th and the present status is "Post Decision Actvity". I think my case is moving. Anybody knows how long it took from now?. I appreciate your valuable answers.
On Aug 13th got an automated email from USCIS that they received information from DOS on Aug 9th and the present status is "Post Decision Actvity". I think my case is moving. Anybody knows how long it took from now?. I appreciate your valuable answers.
ssbaruah@yahoo.com
05-01 09:41 AM
Thanks once again for your reply.
I want to make myself a little clear. Actually, the company thru which I applied my H1B transfer, withdrew my case recently when some query came. I did apply for premium processing paying more. Now the situation is I am still hunting job but as you know it is hard to get one these days. Nothing has been finalised as yet and I am having paystub till Jan. 2009. The company for which I worked won't like to give any letter for unpaid leave. Your case do give me some hope, but I am worried :
- no new company would like to process my case owing to my 3-4 months back paystub . Is it going to happen like this ? I am here with my family, and in that case I am confused whether I should stick to this place or leave.
Thanks again for your time and advise.
I want to make myself a little clear. Actually, the company thru which I applied my H1B transfer, withdrew my case recently when some query came. I did apply for premium processing paying more. Now the situation is I am still hunting job but as you know it is hard to get one these days. Nothing has been finalised as yet and I am having paystub till Jan. 2009. The company for which I worked won't like to give any letter for unpaid leave. Your case do give me some hope, but I am worried :
- no new company would like to process my case owing to my 3-4 months back paystub . Is it going to happen like this ? I am here with my family, and in that case I am confused whether I should stick to this place or leave.
Thanks again for your time and advise.
2011 common loon on Sawbill Lake
mirage
04-08 02:40 PM
On Page 3 they say total Employement based preferences number was 162,176
Than on page 6 they say total Employement based preferences number was 147,148
Than on page 6 they say total Employement based preferences number was 147,148
more...
sp99
08-18 02:35 PM
Nope they don't have any US local channels....i didn't get any signal at my place (North facing patio)..so for Indian channels thats the best option for me...earlier i had cablevision and they offer 4 channels (actually can only count 2 sony and zee the other 2 are ok) for $20 so 44.99 for 8 channels is a better deal there are no fees or taxes in NJ so 44.99 is final bill...also i am planning to buy Indoor Antenna (Terk HDTVa) for Local channels which will suffice my TV needs....i think :-)
pappu
08-22 08:06 PM
I don't think the core is even bothered to take up on issues like this where USCIS operations is concerned..
why wait for all these bills to get passed to recapture visas and stuff like that when the ideal solution would be to make USCIS more efficient...
Let's say Hr5882 passes in 2009... and recaptures all the lost visas ..but what will happen in 2012 ?? I assume another recapture bill would have to be passed to recapture the recaptured visas... this is all a joke....
Why cant USCIS be more efficient and transparent from the beginning but I guess the core doesn't think its important enough right now.
Wrong.
We have had meetings with USCIS, DOS in the past. In fact there was a meeting with USCIS director too in the recent past.
Wish the problems were very simple to solve. Please do not underestimate the effort of the core team just because we do not post everything we do on the public forum. You can get information from your state chapter if you have any doubts. We are also like you and are trying our best within limited resources and time. The least this community can do is not criticize the core team and take out their frustration on us. We really need everyone to support us and contribute so that we can invest more in lobbying efforts if we need to try and get some relief. Fixing a system is not easy. Our programmer friends on the forum know this how difficult it is to fix a program that is too slow and buggy!!
why wait for all these bills to get passed to recapture visas and stuff like that when the ideal solution would be to make USCIS more efficient...
Let's say Hr5882 passes in 2009... and recaptures all the lost visas ..but what will happen in 2012 ?? I assume another recapture bill would have to be passed to recapture the recaptured visas... this is all a joke....
Why cant USCIS be more efficient and transparent from the beginning but I guess the core doesn't think its important enough right now.
Wrong.
We have had meetings with USCIS, DOS in the past. In fact there was a meeting with USCIS director too in the recent past.
Wish the problems were very simple to solve. Please do not underestimate the effort of the core team just because we do not post everything we do on the public forum. You can get information from your state chapter if you have any doubts. We are also like you and are trying our best within limited resources and time. The least this community can do is not criticize the core team and take out their frustration on us. We really need everyone to support us and contribute so that we can invest more in lobbying efforts if we need to try and get some relief. Fixing a system is not easy. Our programmer friends on the forum know this how difficult it is to fix a program that is too slow and buggy!!
more...
tonyHK12
10-11 12:58 PM
minor correction, the bill number is S.1085. The thread heading says S.0185, which is actually rhode island medical marij***na :)..... well, its supposed to be a good pain killer.
2010 The nest of the common loon is
Rb_newsletter
05-03 09:15 PM
Hi All,
Should I go ahead and send my passport to India and get it stamped and have it sent back to USA through a friend.
As far as I know you cannot mail passports out of country. So same rule might apply for sending the passport through friends. Check the rules thoroughly.
Should I go ahead and send my passport to India and get it stamped and have it sent back to USA through a friend.
As far as I know you cannot mail passports out of country. So same rule might apply for sending the passport through friends. Check the rules thoroughly.
more...
nk2006
09-25 11:02 AM
Good find - shows the plight of legal immigrants.
A bit of nitpicking - actually the chart is underestimating the time for EmploymentBased / skilled immigrants wait - says 11-16 years to get citizenship sort of suggesting 16 years is the worst case scenario to get citizenship. Its a bit underestimate especially for people coming from India/China. I have seen many people (including me) on these forums who entered US "legally" ten years ago and still waiting for GC with no idea when they would finally get it. Some of them might finally get citizenship 20 years after entering the country "legally".
On the whole it shows the reality of legal immigration and its waiting times.
A bit of nitpicking - actually the chart is underestimating the time for EmploymentBased / skilled immigrants wait - says 11-16 years to get citizenship sort of suggesting 16 years is the worst case scenario to get citizenship. Its a bit underestimate especially for people coming from India/China. I have seen many people (including me) on these forums who entered US "legally" ten years ago and still waiting for GC with no idea when they would finally get it. Some of them might finally get citizenship 20 years after entering the country "legally".
On the whole it shows the reality of legal immigration and its waiting times.
hair of the Common Loon (right)
ftbakhru
06-18 03:07 PM
My experience is that interview dates for Nov won't show up until Oct.
more...
mhkumar
03-25 02:31 PM
serach for immigration
This is a good question
"Why can't we move immigration bill faster and provide more green cards to legally working people so that will help housing market as more immigrants can bring more change to economy as many people wait to get green card to buy a home in USA"
VAMSI, CHICAGO - Budget
Yes, very good question. Everyone vote for this question.
This is a good question
"Why can't we move immigration bill faster and provide more green cards to legally working people so that will help housing market as more immigrants can bring more change to economy as many people wait to get green card to buy a home in USA"
VAMSI, CHICAGO - Budget
Yes, very good question. Everyone vote for this question.
hot Common Loons visit the waters
shirish
08-15 03:16 PM
One of my friend wa sin a similer situation, he received RFE though. He had indications of TB in his child hood, so the doc had done the x-ray directly, no TB test for him. He got an RFE in june. He replied with the TB test and he got his GC in july (around end of july)
more...
house Common Loon (Gavia immer)
go_guy123
01-26 01:38 PM
This is an important step zero. I am sure Reid will push this through in the Senate.
But in this congress it's all about what the House does.. Need to see the House version of this bill..
CIR (aka mass amnesty) was not doable in the past, and is not now and wont be in future. They could not do it even when democratic party was in power in congress (high tide of democratic party). It is impossible now with GOP in control.
It si pure lip seervice by Sen Reid
But in this congress it's all about what the House does.. Need to see the House version of this bill..
CIR (aka mass amnesty) was not doable in the past, and is not now and wont be in future. They could not do it even when democratic party was in power in congress (high tide of democratic party). It is impossible now with GOP in control.
It si pure lip seervice by Sen Reid
tattoo Common Loon
TwinkleM
07-15 02:04 AM
Thank You sbmallik for your response.
Attorneys, would appreciate your inputs on the above questions...
Also,
Am planning to withdraw my husband's H4 application as he wants to continue his work on EAD.
1) Would this be a problem in his GC journey?
2) If something has to go wrong with my still pending I140, our EAD will not longer be valid. Then, can I apply for his H4 in future?(keeping in mind that his H4 application has been withdrawn right now)
3) Will he need to get out of the country while we file his H4 other then stamping?
4) Am planning to go for stamping to Qubec. Anybody who has recently been there for stamping, could you pls. post your experiences both at the consulate & POE?
Thanx in Advance
Attorneys, would appreciate your inputs on the above questions...
Also,
Am planning to withdraw my husband's H4 application as he wants to continue his work on EAD.
1) Would this be a problem in his GC journey?
2) If something has to go wrong with my still pending I140, our EAD will not longer be valid. Then, can I apply for his H4 in future?(keeping in mind that his H4 application has been withdrawn right now)
3) Will he need to get out of the country while we file his H4 other then stamping?
4) Am planning to go for stamping to Qubec. Anybody who has recently been there for stamping, could you pls. post your experiences both at the consulate & POE?
Thanx in Advance
more...
pictures common-loon.3jpg.jpg
aviko21
09-29 06:36 PM
its all normal...........
they are not processing it as efficiently as you would like but its getting done...
like for me i got my ead cards and a transfer notice within 2 days of check cashing but still no receipt notice..
give it some time, they are under a lot of stress with the number of applications.
they are not processing it as efficiently as you would like but its getting done...
like for me i got my ead cards and a transfer notice within 2 days of check cashing but still no receipt notice..
give it some time, they are under a lot of stress with the number of applications.
dresses Common Loon eating fish
averagedesi
08-23 09:49 PM
I will be surprised if I am the only unlucky guy
more...
makeup A common Loon swimming in
Munna Bhai
10-15 01:44 PM
Hello Friends,
I have recently seen an excellent summary on this but now I am not able to find it. Below are my doubts and would appreciate some inputs or please direct me to that link...
1) Have a Job on H1B
2) Received EAD.
My Question is "Can I take up a second job on EAD and continue using H1B for my first job?"
Pl adice.
Thanks much.
PD: Feb 2005, EB2
RD: 20th July 07
ND: 17 th Aug 07
Two letter answer to your question: NO, once you use EAD(full time or part-time), you loose H1b status.
I have recently seen an excellent summary on this but now I am not able to find it. Below are my doubts and would appreciate some inputs or please direct me to that link...
1) Have a Job on H1B
2) Received EAD.
My Question is "Can I take up a second job on EAD and continue using H1B for my first job?"
Pl adice.
Thanks much.
PD: Feb 2005, EB2
RD: 20th July 07
ND: 17 th Aug 07
Two letter answer to your question: NO, once you use EAD(full time or part-time), you loose H1b status.
girlfriend Common Loon | Click for larger
eb3retro
06-04 07:25 AM
dude..have some patience, people will respond. you dont need to open multiple threads for the same question..
I applied for H1-B visa on April 2007 and the petition was approved from October 2007 to 26Th of September 2010 but when I came to USA consulate office to get the visa it became pending putting under administrative processing. It took almost 3 years to get the reconfirmation and last week I received the visa.
The visa issuing date is 27Th May and the expiry date is 24Th August but there is another date in bottom right part of it as PED : 26 September 2010 which is my petition's expiry date.
Now I am planning to move to USA for a long term stay so that I am selling my stuff, renting my house,.. and I just got confused by considering this date.Does this mean my visa will be expire on September and my H1 visa is just for some months? In this case does this mean I have lost 3 years of the total 6 years of the H1 visa? or the the officer issuing the visa on I-94 form in the ports of entry can issue the visa for 3 years as a normal H1-B visa?
I have arranged with my employer to start the job on 10Th of July and I will enter USA on 8Th, so up to 26Th of September which is the PED date will be less than 3 months and if the white I-94 card that will be in my passport should correspond with the expiration of the petition, the total of my work duration, will be less than 3 months which really doesn't make sense at all but as it seems that's it!
It seems now the only way is to apply for H1-b extension. So there will be these questions:
1- how will be the process and how much are the fees?
2- How long does it take?
3- Do I have to go back to my home country to get the new stamp for extension?
4- Is there any way to renew it in USA ?
5- Is 2.5 months of work enough to apply for extension? or I have to come sooner if it is really necessary.
6- In my first interview on 2007 they got all the original documents from me and never return them back to me. should I ask for duplication?
7- Is there anything else that my employer and I should know and consider?
I have to know the answers to these questions, first to arrange with employer and to see if they are interested and also to decide about our stuff, jobs, properties,... in my home country before entring the USA, otherwise it can be the loose of everything for us.
Please help me
I applied for H1-B visa on April 2007 and the petition was approved from October 2007 to 26Th of September 2010 but when I came to USA consulate office to get the visa it became pending putting under administrative processing. It took almost 3 years to get the reconfirmation and last week I received the visa.
The visa issuing date is 27Th May and the expiry date is 24Th August but there is another date in bottom right part of it as PED : 26 September 2010 which is my petition's expiry date.
Now I am planning to move to USA for a long term stay so that I am selling my stuff, renting my house,.. and I just got confused by considering this date.Does this mean my visa will be expire on September and my H1 visa is just for some months? In this case does this mean I have lost 3 years of the total 6 years of the H1 visa? or the the officer issuing the visa on I-94 form in the ports of entry can issue the visa for 3 years as a normal H1-B visa?
I have arranged with my employer to start the job on 10Th of July and I will enter USA on 8Th, so up to 26Th of September which is the PED date will be less than 3 months and if the white I-94 card that will be in my passport should correspond with the expiration of the petition, the total of my work duration, will be less than 3 months which really doesn't make sense at all but as it seems that's it!
It seems now the only way is to apply for H1-b extension. So there will be these questions:
1- how will be the process and how much are the fees?
2- How long does it take?
3- Do I have to go back to my home country to get the new stamp for extension?
4- Is there any way to renew it in USA ?
5- Is 2.5 months of work enough to apply for extension? or I have to come sooner if it is really necessary.
6- In my first interview on 2007 they got all the original documents from me and never return them back to me. should I ask for duplication?
7- Is there anything else that my employer and I should know and consider?
I have to know the answers to these questions, first to arrange with employer and to see if they are interested and also to decide about our stuff, jobs, properties,... in my home country before entring the USA, otherwise it can be the loose of everything for us.
Please help me
hairstyles Common Loon
eilsoe
10-13 07:21 AM
whaaa'??
sunny1000
12-14 12:15 AM
Hi,
If married in India & want to take divorce in USA what is the procedure & will it be a valid divorce?
Sorry to hear that your marriage did not work out. If there is a way to work it out, please do via marriage counseling.
If not, give us some more details about your present situation to give you a qualified answer. I am attempting with what I have.
I assume that you both are Indian citizens.
If you and your spouse consent to the divorce mutually, you can obtain it here in the U.S (in your state of residence) as per the state law since divorce in the U.S is a state subject OR get it in India by mutual consent (it takes 6 months to obtain a divorce by mutual consent).
If your divorce is going to be contested and you both live here in the U.S, then, you can file here provided you believe that your spouse will not take refuge under the Indian laws by going back at any point during the start of the process (once you serve her/him with the Notice of action and she/he responds to it in the Court here in the U.S, that court has the jurisdiction usually).
If your divorce is going to be contested by your spouse AND if he/she is moving to India OR if already living in India, you are better off filing there. But, believe me, in this scenario, there is no good answer as you are in the lose/lose situation. Here is why:
1. It is very difficult to get a divorce in India, if contested (especially if contested by women) and it takes a very long time (average is 3 years in the Family court and it takes another 5-8 years to go thru the appeals process in the High court and the Supreme Court, if one of you choose to do so).
2. He/she can counter your divorce by filing what is called "Restitution of conjugal rights" (yes, India is one of those countries which still has this section) which entitles him/her temporary maintenance until the cases (both Restitution and Divorce) are settled, if he/she is not working (it runs in the average of Rs.35000 to Rs.40000 a month for you, if you are a working spouse from the U.S). Based on the final judgement, you will be responsible for a final settlement which may include property, monthly/one time alimony, child support etc.
3. You will have to appear for every hearing in person which is every 15 days to a month (exception is Karnataka where you can give power of Attorney to a relative. Even in that case, you will have to fly in every 6 months).
4. If her/his lawyer is a scumbag, he/she can harrass you by threatening to file false charges against you.
Please note, getting a divorce ex parte in U.S is very difficult and is also not valid in India. Your spouse can contest that in the Indian Supreme Court and you will be issued with a subpoena/summon. Failure to appear will lead to an arrest warrant.
Do a lot of research if your divorce is going to be contested in India and PLEASE consult a VERY qualified attorney in divorce law who can also handle international laws about divorce. This gets even more complicated if you have children. If any lawyer tells you that it will be over in 2-3 hearings, don't believe that unless it is a divorce by mutual consent.
From my personal experience, please try the best to get an out-of-court settlement (by hanging the pride and ego outside the door) as it saves a lot of time,money and agony for you and your family. Contested divorce is one of the most painful experiences in one's life and it does leave a permanent scar.
Good luck.
If married in India & want to take divorce in USA what is the procedure & will it be a valid divorce?
Sorry to hear that your marriage did not work out. If there is a way to work it out, please do via marriage counseling.
If not, give us some more details about your present situation to give you a qualified answer. I am attempting with what I have.
I assume that you both are Indian citizens.
If you and your spouse consent to the divorce mutually, you can obtain it here in the U.S (in your state of residence) as per the state law since divorce in the U.S is a state subject OR get it in India by mutual consent (it takes 6 months to obtain a divorce by mutual consent).
If your divorce is going to be contested and you both live here in the U.S, then, you can file here provided you believe that your spouse will not take refuge under the Indian laws by going back at any point during the start of the process (once you serve her/him with the Notice of action and she/he responds to it in the Court here in the U.S, that court has the jurisdiction usually).
If your divorce is going to be contested by your spouse AND if he/she is moving to India OR if already living in India, you are better off filing there. But, believe me, in this scenario, there is no good answer as you are in the lose/lose situation. Here is why:
1. It is very difficult to get a divorce in India, if contested (especially if contested by women) and it takes a very long time (average is 3 years in the Family court and it takes another 5-8 years to go thru the appeals process in the High court and the Supreme Court, if one of you choose to do so).
2. He/she can counter your divorce by filing what is called "Restitution of conjugal rights" (yes, India is one of those countries which still has this section) which entitles him/her temporary maintenance until the cases (both Restitution and Divorce) are settled, if he/she is not working (it runs in the average of Rs.35000 to Rs.40000 a month for you, if you are a working spouse from the U.S). Based on the final judgement, you will be responsible for a final settlement which may include property, monthly/one time alimony, child support etc.
3. You will have to appear for every hearing in person which is every 15 days to a month (exception is Karnataka where you can give power of Attorney to a relative. Even in that case, you will have to fly in every 6 months).
4. If her/his lawyer is a scumbag, he/she can harrass you by threatening to file false charges against you.
Please note, getting a divorce ex parte in U.S is very difficult and is also not valid in India. Your spouse can contest that in the Indian Supreme Court and you will be issued with a subpoena/summon. Failure to appear will lead to an arrest warrant.
Do a lot of research if your divorce is going to be contested in India and PLEASE consult a VERY qualified attorney in divorce law who can also handle international laws about divorce. This gets even more complicated if you have children. If any lawyer tells you that it will be over in 2-3 hearings, don't believe that unless it is a divorce by mutual consent.
From my personal experience, please try the best to get an out-of-court settlement (by hanging the pride and ego outside the door) as it saves a lot of time,money and agony for you and your family. Contested divorce is one of the most painful experiences in one's life and it does leave a permanent scar.
Good luck.
Leo07
05-14 01:18 PM
^^^^^^^^^^^
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