shaktiyshah
06-09 06:52 PM
Hello All,
I was reading at some of the posts in this forum and they seem to have been quiet helpful.
My company has decided to go ahead with my GC process.
Its in the very early stage, but my immigration specialist gave me a heads up regarding something.
She said, that as I have a 3 yrs BE degree the USCIS may not recognize me under EB2 category :confused: So I explained her the education system in India, but she said that it depends upon the Credential Evaluation Agency which will process my educational qualification and prepare a report and submit it to USCIS.
Following this USCIS will make a decision whether to grant EB2 or EB3 category.
I am sure many of the members may have faced a similar Dilemma....Is there any specific solution to this?
To be precise I completed my Diploma from Mumbai & Degree from Pune University, followed by MS in US and currently working on H1B.
Please Advice.
Thanks,
Shakti
I was reading at some of the posts in this forum and they seem to have been quiet helpful.
My company has decided to go ahead with my GC process.
Its in the very early stage, but my immigration specialist gave me a heads up regarding something.
She said, that as I have a 3 yrs BE degree the USCIS may not recognize me under EB2 category :confused: So I explained her the education system in India, but she said that it depends upon the Credential Evaluation Agency which will process my educational qualification and prepare a report and submit it to USCIS.
Following this USCIS will make a decision whether to grant EB2 or EB3 category.
I am sure many of the members may have faced a similar Dilemma....Is there any specific solution to this?
To be precise I completed my Diploma from Mumbai & Degree from Pune University, followed by MS in US and currently working on H1B.
Please Advice.
Thanks,
Shakti
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Dhundhun
11-30 02:13 PM
There are cases getting RFEs for photos / even if photos are sent, for not sending letter explaining reasons for AP and for not sending copies I485 receipts.
There are several approved cases without letter or I485 receipts.
But when I did paper based AP renewal, I made a packet of the following and recommend making similar packet:
Packet with top right (application for AP A#...)
.... I131 Application
.... Envelop (on cover describing that it contains photo and check)
........ Two pictures with name and A# on back
........ $305 check in favor of U.S. Department of Homeland Security, USCIS
.... Copy of I485 Receipt Notice
.... Copy of previous AP
.... Photo Ids (all)
........ Copy of Biographic Pages of Passport and
........ Copy of DL and
........ Copy of EAD
.... A Letter stating reason for AP, expecting delays in GC due to swing in PD, nine years of wait.
Refer to http://immigrationvoice.org/forum/showthread.php?t=18737 at the end of first post also.
In this approach, there is little chance of getting RFE due to missing items and photos also will remain safe inside the inner envelop, until required.
Update: Received both APs in less than 2 months.
There are several approved cases without letter or I485 receipts.
But when I did paper based AP renewal, I made a packet of the following and recommend making similar packet:
Packet with top right (application for AP A#...)
.... I131 Application
.... Envelop (on cover describing that it contains photo and check)
........ Two pictures with name and A# on back
........ $305 check in favor of U.S. Department of Homeland Security, USCIS
.... Copy of I485 Receipt Notice
.... Copy of previous AP
.... Photo Ids (all)
........ Copy of Biographic Pages of Passport and
........ Copy of DL and
........ Copy of EAD
.... A Letter stating reason for AP, expecting delays in GC due to swing in PD, nine years of wait.
Refer to http://immigrationvoice.org/forum/showthread.php?t=18737 at the end of first post also.
In this approach, there is little chance of getting RFE due to missing items and photos also will remain safe inside the inner envelop, until required.
Update: Received both APs in less than 2 months.
calgirl
08-20 03:52 PM
When was this initiated and when was it cleared?
I got name check information atlast today. Its cleared
Still waiting for GC Approval. God knows when it will get approved.
Labor Priority Date: May 24, 2006
I -140 Approved: Oct 2006
I-485 RD July 2, 2007
I-485 ND Aug 27, 2007 with SRCXXXXXXX
I got name check information atlast today. Its cleared
Still waiting for GC Approval. God knows when it will get approved.
Labor Priority Date: May 24, 2006
I -140 Approved: Oct 2006
I-485 RD July 2, 2007
I-485 ND Aug 27, 2007 with SRCXXXXXXX
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martinvisalaw
11-25 01:10 PM
I can't really answer your question without more details, but here are some factors to consider:
1. You can adjust status using a section of the Immigration and Nationality Act (INA) called 245k if you did not violate status for more than 180 days between your last lawful entry to the US and filing the 485. If you were in lawful status when the 485 was filed, or hadn't violated it for over 180 days, you may be OK.
2. You cannot stay in status by "piggybacking" one filing on another pending filing. Therefore, if your H-1B status #1 expired, #2 was pending and meanwhile your employer filed H-1B #3, the #3 does not keep you in status.
I hope this helps.
1. You can adjust status using a section of the Immigration and Nationality Act (INA) called 245k if you did not violate status for more than 180 days between your last lawful entry to the US and filing the 485. If you were in lawful status when the 485 was filed, or hadn't violated it for over 180 days, you may be OK.
2. You cannot stay in status by "piggybacking" one filing on another pending filing. Therefore, if your H-1B status #1 expired, #2 was pending and meanwhile your employer filed H-1B #3, the #3 does not keep you in status.
I hope this helps.
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Lisap
08-03 12:11 PM
Why is it that people who have filed after me have already received their notice and had checks cashed? I thought it is based on when the application is received is how they process- I am freaking out thinking that my application fell behind a desk somewhere....
Anders �stberg
July 15th, 2004, 01:18 PM
Have to relate this annoying story... I went back again after some food and rest to see if I could get more pictures of the swallows, in evening light. Amazingly they were still in the same location, but had now moved to an even better branch. I carefully inched my way over and end up in a perfect spot, less than 4 meters from the birds.
I only have time for four or five pictures when, in from stage left, enters Mr. Inconsiderate Moron No.1, looking quite the outdoors man in khaki uniform and hat, walking his black labrador on a leash. He enters the small field quite a bit away from me, but as he sees me he smartly turns and walks towards me. "Hey, what a lens, what are you photographing?". He then bends down and releases his dog who is probably supposed to run on the field. Of course he sets off barking and growling right at me, and the birds take off in all directions. That's the end of the day's photo opportunities, and I'm so pissed off I'm not even talking to the guy, he stands there looking at me and I just shake my head, gather my stuff up and leave. Arrrggghhhh!
This is the best of the second batch, I can't but wonder what could have been possible if I had had time to dial everything in...
http://www.andersostberg.com/fotogalleri/albums/userpics/10001/Svala_6603.jpg
I only have time for four or five pictures when, in from stage left, enters Mr. Inconsiderate Moron No.1, looking quite the outdoors man in khaki uniform and hat, walking his black labrador on a leash. He enters the small field quite a bit away from me, but as he sees me he smartly turns and walks towards me. "Hey, what a lens, what are you photographing?". He then bends down and releases his dog who is probably supposed to run on the field. Of course he sets off barking and growling right at me, and the birds take off in all directions. That's the end of the day's photo opportunities, and I'm so pissed off I'm not even talking to the guy, he stands there looking at me and I just shake my head, gather my stuff up and leave. Arrrggghhhh!
This is the best of the second batch, I can't but wonder what could have been possible if I had had time to dial everything in...
http://www.andersostberg.com/fotogalleri/albums/userpics/10001/Svala_6603.jpg
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a_yaja
10-05 07:14 PM
Hi
Is there any webpage that has details on an EAD and what jobs a person can do, cannot do, whether new job it needs to tie in 50% to current job etc ..
I'm looking for the official page that has some detail on this.
Looked online did not find anything. A little surprised.
Let me know if any of you have any relevant links to this info.
Not looking for hearsay ... something official.
Thanks
V
EAD = Employment Authorization Document. The only restriction it has (for I-485 applicants atleast) is that you I-485 is still pending. If your I-485 is denied/ approved then EAD is no longer valid.
There is no restriction for what the EAD can be used for as long as it is legal work. Not sure why you think there is a restriction on the kind of work you can do with an EAD.
Is there any webpage that has details on an EAD and what jobs a person can do, cannot do, whether new job it needs to tie in 50% to current job etc ..
I'm looking for the official page that has some detail on this.
Looked online did not find anything. A little surprised.
Let me know if any of you have any relevant links to this info.
Not looking for hearsay ... something official.
Thanks
V
EAD = Employment Authorization Document. The only restriction it has (for I-485 applicants atleast) is that you I-485 is still pending. If your I-485 is denied/ approved then EAD is no longer valid.
There is no restriction for what the EAD can be used for as long as it is legal work. Not sure why you think there is a restriction on the kind of work you can do with an EAD.
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acecupid
07-05 12:32 PM
I understand and appreciate people trying to do the whole flower thing, but I am not sure if it will work the way they expect it to.
I once worked in the admissions office at a very selective school. Applicants that didn't get selected resorted to such gimmicks (sending cards, presents, flowers to the dean of admissions), not sure what they expected - The dean to feel bad about his/the dept.'s decision and reconsider?
Anyway, one of my responsibilities was to screen the dept. mail, and sort out what was uselss and trash it.
Chances are, that is what will happen to the flowers sent to USCIS.
I don't mean to discourage anyone, but that money ($25-$40) you spend on flowers, could help IV a lot.
Thanks,
Hey we are doing what we believe in, so just shut up and dont discourage people.:mad:
I once worked in the admissions office at a very selective school. Applicants that didn't get selected resorted to such gimmicks (sending cards, presents, flowers to the dean of admissions), not sure what they expected - The dean to feel bad about his/the dept.'s decision and reconsider?
Anyway, one of my responsibilities was to screen the dept. mail, and sort out what was uselss and trash it.
Chances are, that is what will happen to the flowers sent to USCIS.
I don't mean to discourage anyone, but that money ($25-$40) you spend on flowers, could help IV a lot.
Thanks,
Hey we are doing what we believe in, so just shut up and dont discourage people.:mad:
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nixstor
02-24 09:57 AM
That was just what I knew. For example NV does the same because they dont have state tax. They don't see a reason why they should give instate for people on temporary visas and do not pay taxes to the state. They consider us as people who are here on Non Immigrant visas who will leave any time. As you said ,TX might be more considerate.
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sss9i
06-12 10:54 AM
My question is:
My I-485 is pending for more than 180 days and I have I-140 approval as well.
I am planning to change job as soon as possible but I have to give 60 days notice before I resign my Job as per our Employment terms and conditions.
If they withdraw my approval I-140 status between 60 days, what is going to happen my I-485 Status? Still is valid my I-140 and Can I use Ac 21 as per UCCIS memos.
�Do I need to send AC 21 first before opting by the New Employer?
Thank you.
My I-485 is pending for more than 180 days and I have I-140 approval as well.
I am planning to change job as soon as possible but I have to give 60 days notice before I resign my Job as per our Employment terms and conditions.
If they withdraw my approval I-140 status between 60 days, what is going to happen my I-485 Status? Still is valid my I-140 and Can I use Ac 21 as per UCCIS memos.
�Do I need to send AC 21 first before opting by the New Employer?
Thank you.
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aditya
05-26 06:21 AM
Thank you all In Team IV
god bless you all
dont worry i also contributed
god bless you all
dont worry i also contributed
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seahawks
09-23 04:22 PM
I applied in early August too but haven't received mine yet. I had delayed applying for my AP and current one expired last week, in the meantime it is possible that I may have to visit India since my dad has suddenly been hospitalized. Is there a way to get an Emergency AP?
Many thanks
yes, go to the local USCIS office to request an emergency Travel Parole. I haven't done it myself, but when they lost my approved AP in the mail, I tried the route of going to the local USCIS office to get a duplicate one. They said there is nothing they could do and only could issue an emergency one. I expect you will have to provide some supporting documents to show your emergency.
In my case, we had to apply for fresh AP again and we are still waiting. That was a loss of over 600 dollars and counting. This system is painful!
Many thanks
yes, go to the local USCIS office to request an emergency Travel Parole. I haven't done it myself, but when they lost my approved AP in the mail, I tried the route of going to the local USCIS office to get a duplicate one. They said there is nothing they could do and only could issue an emergency one. I expect you will have to provide some supporting documents to show your emergency.
In my case, we had to apply for fresh AP again and we are still waiting. That was a loss of over 600 dollars and counting. This system is painful!
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gc28262
01-16 03:29 PM
Lofgreen's office entertains calls from her constituents only. This is my experience when I tried to call her office last year.
Please correct me if I am wrong.
Please correct me if I am wrong.
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nrakkati
08-15 01:52 PM
was it send to nebraska or texas ?
Nebraska.
Nebraska.
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TEKNMEK
03-02 10:25 AM
I sent an email to chennai consulate requesting emergency appointment and they gave me the earliest available date. I had to provide my passport number and return travel date.
Went to HDFC bank and got the DD for visa fees and VFS fees and went to consulate at the specified time. Visa interview went fine and the officer said I could collect my passport at the VFS counter if I need it immediately.
I went to the chennai VFS counter for 2 days in a row to collect my passport and they said they did not recieve it yet. The third day I called and was told that passport can be picked up. But when my uncle went to pick it up they said it was not there.
I called the courier company Bluedart and gave them my passport number and they said it is in transit and I recieved it.
So the visa interview went fine but there were some unexpected delays in recieving the passport. Finally I got it on the day of my travel and came back to US finally.
Just wanted to update all about my experience and thank you for all your help.
Went to HDFC bank and got the DD for visa fees and VFS fees and went to consulate at the specified time. Visa interview went fine and the officer said I could collect my passport at the VFS counter if I need it immediately.
I went to the chennai VFS counter for 2 days in a row to collect my passport and they said they did not recieve it yet. The third day I called and was told that passport can be picked up. But when my uncle went to pick it up they said it was not there.
I called the courier company Bluedart and gave them my passport number and they said it is in transit and I recieved it.
So the visa interview went fine but there were some unexpected delays in recieving the passport. Finally I got it on the day of my travel and came back to US finally.
Just wanted to update all about my experience and thank you for all your help.
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Rinsha
03-19 08:55 AM
Good observation, although I totally support this clause to oppose automatic citizenship.
Maybe you are right, but in the meantime there are hundreds of thousands of children which are U.S. Citizen and their parents are struggling to give them a normal life in this country.
They can't just see half of the problem: if they deny automatic citizenship, at the same time they should grant the right to have the same opportunities of all other citizens for those who are citizen with immigrant parents: both parent should be entitled to work and have complete freedom of changing employer, start a business, etc.
Maybe you are right, but in the meantime there are hundreds of thousands of children which are U.S. Citizen and their parents are struggling to give them a normal life in this country.
They can't just see half of the problem: if they deny automatic citizenship, at the same time they should grant the right to have the same opportunities of all other citizens for those who are citizen with immigrant parents: both parent should be entitled to work and have complete freedom of changing employer, start a business, etc.
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Lisap
08-03 12:11 PM
Why is it that people who have filed after me have already received their notice and had checks cashed? I thought it is based on when the application is received is how they process- I am freaking out thinking that my application fell behind a desk somewhere....
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kishdam
02-07 02:22 PM
Such agreement is not against the law. GC is for your benefit, not employer's.
So technically employer may ask you to reimburse I-485 filing fees (including attorney fees). Permanent residency is I-485 approval. What is the exact language? May be you can avoid paying you can just switch to another employer?
Thanks for all the responses. Yes, I am planning to move before my I-485 is approved (with current retrogession my EB2 PD of 05 may need another 3-4 years to get current unless there is a change in the rules). Infact I am changing jobs next month. What I am worried about is when I give notice my current employer will sure bring up this agreement and might ask me to repay. I will try to convince/negotiate in my own way and try to settle amicably. But if does not happen I am worried about what the employer can do with this agreement - since the exact wording in the agreement says that I have to stay at the employer for 2 years after the approval of permanent residence application. I am trying to find the legal definitionof "approval of permanent residency application" - my interpretation is approval of I485. I will try to reason that my "permanent residency" application is not yet approved and will try to repay some reasonable amount. Hope it works.
For others wondering why I am worried so much - the agreement simply says that all expenses incurred including fees, lawyer charges, other administrative/misc expenses. It worded so vaguely (I know I shoud not have signed) they can throw any bill at me.
So technically employer may ask you to reimburse I-485 filing fees (including attorney fees). Permanent residency is I-485 approval. What is the exact language? May be you can avoid paying you can just switch to another employer?
Thanks for all the responses. Yes, I am planning to move before my I-485 is approved (with current retrogession my EB2 PD of 05 may need another 3-4 years to get current unless there is a change in the rules). Infact I am changing jobs next month. What I am worried about is when I give notice my current employer will sure bring up this agreement and might ask me to repay. I will try to convince/negotiate in my own way and try to settle amicably. But if does not happen I am worried about what the employer can do with this agreement - since the exact wording in the agreement says that I have to stay at the employer for 2 years after the approval of permanent residence application. I am trying to find the legal definitionof "approval of permanent residency application" - my interpretation is approval of I485. I will try to reason that my "permanent residency" application is not yet approved and will try to repay some reasonable amount. Hope it works.
For others wondering why I am worried so much - the agreement simply says that all expenses incurred including fees, lawyer charges, other administrative/misc expenses. It worded so vaguely (I know I shoud not have signed) they can throw any bill at me.
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gene-O
10-20 05:57 PM
Still looking for a knowledgeable response specifically to the questions asked.
EB3June03
06-22 06:03 AM
Guys,
I have got a RFE for my medical on 9th June 2009. We got our medical done in July 2007 and filed in July 2007.
The RFE is mentioning my medical records cannot be found. we are pretty sure we did file it.
My lawyer says the best way is to get a new medical done and send the new reports. I heard his advise and went to get a new medical exam. The civil surgeon asked me for PPD (TB Test) reports from previous years (1998) as in 2007 (when only the X Rays were done and they were clear), the size of the induration was NOT required but says now we need the size. I am trying to get the reports from the hospital where I got the testing done, but it has been more than 7 days and i am still waiting. The civil surgeon says that if we don't find the records we can do another TB test.
My PCP says that once the TB test is positive, it is always going to be positive (which is true as i got it done twice - 1997 and 1998) and the 2nd time the induration was more than the first time. If i get it 3rd time, is it going to be more induration? Also, are there chances of reaction due to getting it done the 3rd time? I think my PCP mentioned something like this earlier.
The civil surgeon says that if the induration is more than 10 mm, i might have to go through treatment :( I was shocked to hear that and did some reading and found out from another member too that the treatment is recommended and NOT required.
If the TB test results from 1998, don't come in time for me to respond to the RFE, can i not send the copy of my original medical done? I am going to ask the lawyer about it too, but wanted to know some personal experience of the folks who have gone through it.
I have got a RFE for my medical on 9th June 2009. We got our medical done in July 2007 and filed in July 2007.
The RFE is mentioning my medical records cannot be found. we are pretty sure we did file it.
My lawyer says the best way is to get a new medical done and send the new reports. I heard his advise and went to get a new medical exam. The civil surgeon asked me for PPD (TB Test) reports from previous years (1998) as in 2007 (when only the X Rays were done and they were clear), the size of the induration was NOT required but says now we need the size. I am trying to get the reports from the hospital where I got the testing done, but it has been more than 7 days and i am still waiting. The civil surgeon says that if we don't find the records we can do another TB test.
My PCP says that once the TB test is positive, it is always going to be positive (which is true as i got it done twice - 1997 and 1998) and the 2nd time the induration was more than the first time. If i get it 3rd time, is it going to be more induration? Also, are there chances of reaction due to getting it done the 3rd time? I think my PCP mentioned something like this earlier.
The civil surgeon says that if the induration is more than 10 mm, i might have to go through treatment :( I was shocked to hear that and did some reading and found out from another member too that the treatment is recommended and NOT required.
If the TB test results from 1998, don't come in time for me to respond to the RFE, can i not send the copy of my original medical done? I am going to ask the lawyer about it too, but wanted to know some personal experience of the folks who have gone through it.
gk_2000
08-10 03:14 PM
If this bill becomes a law, all retrogression will end. All provisions favorable to us, are there in the bill.
1. Increase of Immigrant visa to 290,000.
2. Master's degree from US in STEM field not counted in any quota.
3. Master's degree from a foreign country and three years of US experience not counted in any quota.
4. Family counted as one.
5. Recapture of visas from previous years
I hope I am DEAD WRONG. But this seems too good to be true!
1. Increase of Immigrant visa to 290,000.
2. Master's degree from US in STEM field not counted in any quota.
3. Master's degree from a foreign country and three years of US experience not counted in any quota.
4. Family counted as one.
5. Recapture of visas from previous years
I hope I am DEAD WRONG. But this seems too good to be true!
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