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  • JunRN
    07-18 03:55 AM
    I have this dilemma. Since schedule A is exempted from LC, the priority date of Schedule A is the filing of I-140.

    My question is:

    Should I need to file in July to get a "July" priority date to say that I am filing using the "July VB" or can I file in August, in which I will August PD?

    If I file in August then will get August PD, shouldn't it be construed that I am using the "August VB" therefore not allowed to do AOS?

    My lawyer says otherwise.




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  • dealsnet
    01-08 09:36 PM
    No one can file I-485 without the PD for that person is current in the visa bulletin.
    You can replace your previous wife with a new wife at home, not with USCIS. !!!!!!!!!

    Hi,

    Just wanted to know how should one modify the immigration petition again after divorce and second marriage. Can the second wife name be added to 485 immediately or wait for the PD to become current? And how about EAD?

    Thanks




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  • senthil1
    04-04 09:57 PM
    If you stay out of country for long time CIS may consider that you may abandon GC.

    I need expert advice -

    My I-140 has been approved and I-485 pending for more than 18 months. I have a valid EAD & AP. I also have a valid H1-B visa valid till 2011,
    that I am using for my current employment with my current employer

    1. If I get laid-off, how long can I stay in US without another job?
    2. I understand that in order to maintain my eligibility to "port" to a new employer / sponsor under AC21, I should have another job in same or similar occupation. Till I find another job, am I allowed to do some part-time job in different occupation?

    3. If new employer gives me the option to move permanently to its subsidiary in another country, what are the available option for me to continue with green card processing?

    4. If after going out of the country , I want to come back in future before Green card approval, what will be the available options?




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  • immigrationvoice1
    10-02 01:44 PM
    Here is what you get when you apply for student loans without GC/US Citizenship:

    1. Trust loans (called Stafford loans also).
    2. Need US Citizen co-signor. A co-signor with good credit scores helps in keeping the interest rates down.
    3. Even with a US Citizen co-signor with good credit score, the interest rates are usually way higher that what a GC holder gets.
    4. If you have more than one loan (every year/semester of college corresponds to a loan, though you may not have to go through the paper work formalities from the second year/semester to get the loan), you are NOT allowed to consolidate your loans during payoff. Consolidation helps bring down the monthly payment amount when the time comes to repay the loans.
    5. Variable interest rates. Looking at the past few years, interest rates have never dropped, only moved north. To give you an idea it could be anywhere between 15 to 18% now to begin with.

    In a nutshell, student loan is a very costly affair if you do not have GC/US Citizenship. The good thing is, there are no pre-payment penalties.

    Hope that helps.



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  • vparam
    03-11 11:17 AM
    Thanks vparam ! We will give this a try. Hope they give us an SSN.
    My wife CA bar exam for which she needed SSN. without bar affiliation she could not get a job. So it was the same situation. that is when we came to know about SSN without work authorization. Initially SSN person told no, it is not feasible but after showing the process requirement and providing the required documetns , the 2nd time we went we got it. It is also depends on the knowledge of the SSN person at the window. But law has it in provision to issue non-work SSN




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  • greencardvow
    08-03 06:59 PM
    H1B and 485 are two different processes. H1B extension has nothing to do with your 485 filing. If the priority dates are not current at the time of filing H1B extension and 140 is approved you are eligible for 3 year extension...
    Fire your company lawyer for incorrect information.



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  • Enginator
    09-17 12:58 PM
    My school has a rule where 6 credit hours for grad school are considered full time, whereas for most other schools its 9 credits. Because of this I am forced to take 3 credits per semester because of my H1 status, and to remain as a part time. I dont recommend taking a risk at this stage, and though this makes me a quarter part time student, its better than taking no classes :)




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  • vidin
    11-20 11:44 AM
    They are desperately trying to throw everything including the kitchen sink...May be they will get the jobs offered by a company started by an immigrant...



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  • go_gc_way
    06-20 03:06 PM
    I think too that it may not become current.

    But with new year Quota released in Oct (October?), how much it will move forward?

    --> 2003 March ? or 2004 Jan?

    When Retrogression introduced last year, for India the PD if I remember correctly was in 99 which now has moved to 2003 Jan, this I think because of addition of unused numbers?

    Why would it not move an year by October this time , yes gravity of the situation .. please explain more clearly with numbers.

    Thanks in advance for looking in to my request.




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  • 10dulkar
    02-28 07:18 AM
    Per RFE for I485 they want the proof of Employment Authorization in US starting 12th April 2004 to present.

    I was going thru my all the I-797 approvals for myself and I found that there is a discontinuity in one of the old approval notice.


    WAC-01-XXX-XXXXX 07/15/2001 - 04/05/2004
    WAC-04- XXX-XXXXX 04/30/2004 - 01/18/2005 (This approval start after 25 days)

    But the extension petition was filed prior to expiration of WAC-01-XXX-XXXXX on 17th Dec. 2003. Approval notice has the receive date of 17th Dec 2003.

    Could this gap be a issue, That is why they are asking starting 12th April 2004?

    Per my Lawyer, no need to worry because the extension petition was filed before the expiration of other.

    Please advice.

    VS

    what is your PD, catagory and country please?



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  • stillhowlong
    01-18 10:36 AM
    You can file 485 with either of the I140 as long as the position is open and the companies provide a letter stating the permanant nature of the job.

    For interfiling, one can request the priority date porting in any of these:
    - when you file the 2nd I140. You can send a copy of the first one and request to use that date.
    - when you file the 485, you can request to use the earlier priority date.
    - After you file 485, you can send a request to use the earlier priority date.
    In all these, you need a copy of the I140 approval notice. If there is no way to get the copy, you can possibly try with a copy of the receipt or a copy of the approval status from online - check with a lawyer.

    When you file the 485 or the 2nd I140, if the same A# is used, one may get the earliest priority date automatically as the previous poster has mentioned.

    Note: This is not a legal advice. Please consult a lawyer.

    Hi alvin, Thank you very much for detailed response. I am still confused as my question is if I file the new I140 from new employer and for some reason the date is not ported from current employer's I140 date, will I be able to file I485?, For your info, my I485 is not yet filed with uscis with current employer.

    Thanks
    SHL




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  • meridiani.planum
    08-15 09:31 PM
    Hi Mods, I am new to the forum so in case I asked this in the wrong section then do pardon me.

    I am currently working on L1 visa and had applied for H1 visa for fiscal 2010. I did file the visa via a consultant based in ease coast. Now, i got an email 8 days back from CRIS that there was a RFE against my application.
    And finally, earlier today I got another email from my consultant that my visa was denied.

    My consultant says that he never received any RFE request from USCIS and all he got was a random rejection PDF from them (he in-fact says that I wasn't the only one ... he got 5 more denials today without getting the RFE)

    My question to you folks is :
    - Can he be lying and trying to cover-up the fact that he never bothered to respond back (even though the RFE came 2 months back)
    - Can this actually happen (that RFE doesn't get delivered at all) ??
    - He says he has asked the attorney to appeal further. Would that help. Also, how would I know if this guy has actually appealed or just gave another false assurance.
    - Also what are my chances getting a H1B via the appeal route ?

    Thanks in advance

    the quota is not filled. Try looking for another job and sponsorer asap!



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  • leoindiano
    09-19 11:16 AM
    Dudes,

    I dont know about what stopped you all from attending. If there is no genuine reason, I really feel sorry for you.

    Rally was huge success, there was 1800 to 2000 people. IV has their names, Indians and chinese are the ones who are effected more, thats why we have more from those nations at rally.

    The only disoppintment was number, expected 10000 and got only 2000. Otherwise, enthusiasm and the response was really great.




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  • sujith1
    07-12 03:34 PM
    Very useful - Now I have the receipt number - Let us see if its 2 yr or 1



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  • lostinbeta
    09-06 10:28 PM
    Eh, I actually have to say I liked it better the last time.




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  • monkeyman
    10-24 09:43 AM
    Unless your parents have SSN, you can't really claim exemption. The other way you could claim exemption is, if they visitied for business reasons - such as running your motel, shop or business. For that, you'd need the B1 visa. Medical expenses are not really covered for them as far as I know (I used an insurance company for that).

    Do post any further updates if you do get them. I did talk to a CPA since they came here to help me with my house and moving and painting and all that headache that comes once you buy a house. He did not file for exemptions as such. You can however claim exemptions if you had gone to India for visa stamping (flight tickets, charges etc are exempted).



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  • drirshad
    11-14 03:01 AM
    You need exp letter before filing 140 or 485 so don't worry anymore, checkout the following website get your salary you deserve a lot more than he owes ......

    http://www.dhs.gov/xabout/structure/editorial_0482.shtm




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  • walking_dude
    08-03 03:58 PM
    Thanks pappu. Santb1975, nothing compared to your contribution to the movement. Let me stop before we start a mutual admiration society here :)




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  • webm
    05-05 04:37 PM
    You missed the 2 year EAD and AP man. ;)

    This is still under review by USCIS..man..not finalized yet..fyi..




    hpandey
    02-10 08:23 PM
    The bigger problem is that your parents visa has already been rejected twice and that would be in their database. And that was when your parents were working. Now they are also retired which also adds another complication since the visa officers look to see if the people who a asking for a visitors visa have anything left in India to come back to ( like real estate , good bank balances , jobs , family etc )

    I don't think it matters much if you are sponsering them or they are paying for it themselves.. its the twice visa denial in past that might be the key.




    krishnam70
    08-16 03:57 PM
    i dont see any of the above said...:o..how lond does it take for us to receive rn in hand after the checks are cashed...I am starting to worry now.If everybody can see the rn why icant i!:o...The uscis cs is not telling the status...Is there a possiblity of appl rejection even after the checks are cleared.:confused::confused:
    Thanks.
    your checked it cashed means you will get the receipt notice soon. Why are you in such a hurry to know the receipt number? Never have so many people actually waited for their checks to be "CASHED" . so relax and take a break

    cheers