aj1234567
11-21 05:52 PM
hi-
What will happen if 140 still penidng agter passed 6months 485 recipt date,can i cahnge the jobs in this situtation also
Thanks
Aj
What will happen if 140 still penidng agter passed 6months 485 recipt date,can i cahnge the jobs in this situtation also
Thanks
Aj
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chnaveen
07-07 05:11 PM
friends,
We are in a process of divorce . Last year I filed employment based 485 with my wife as depended. Now we both have EAD and she is working under EAD. If we divorce while 485 is pending who go out of status? Me or my wife? Is both 485 will be canceled? Or both are safe. If I marry again is it possible to bring my new wife under my filed 485 petition?
Thanks for your help.
balan
I485 Filed on July 2, 2007.
Who ever is dependent, they have to be in the relationship with the Primary until the GC is approved. If the relationship gets broken before the GC approval, the dependent's GC will be denied. But again, if the USCIS is not aware of the divorce and no RFE's then even the dependent also gets approved. But one should always inform USCIS about their change in Status, it may be an Address Change, Employer Change, Marital Status change.
The Primary's GC application will not be affected with the Divorce.
We are in a process of divorce . Last year I filed employment based 485 with my wife as depended. Now we both have EAD and she is working under EAD. If we divorce while 485 is pending who go out of status? Me or my wife? Is both 485 will be canceled? Or both are safe. If I marry again is it possible to bring my new wife under my filed 485 petition?
Thanks for your help.
balan
I485 Filed on July 2, 2007.
Who ever is dependent, they have to be in the relationship with the Primary until the GC is approved. If the relationship gets broken before the GC approval, the dependent's GC will be denied. But again, if the USCIS is not aware of the divorce and no RFE's then even the dependent also gets approved. But one should always inform USCIS about their change in Status, it may be an Address Change, Employer Change, Marital Status change.
The Primary's GC application will not be affected with the Divorce.
Ramba
10-05 03:57 PM
Hello all,
I haven't got my question answered by any other posts, so creating a new thread.
I have a 3-year degree in Biology from India, and two computer certifications from CMC Ltd and CDAC (1.5 years total). Then I worked as a software engineer in India full-time for 2.5 years. I arrived in the U.S. after that and worked for a software company full-time for about 6 months. Then I decided to go back and get another degree from a school in California. I worked as a computer science tutor part-time (20 hrs/wk) for 1.5 years while attending school and also worked as a software engineer part-time (20 hrs/wk) on a U.S. military sub-contract project for 2 years. I graduated with a 4-year degree in computer science from Cal Poly, SLO, a CA state university with a GPA of 3.4. Then I worked at Microsoft Corp full-time for a year. Now I am back in CA working for a software company for the last 5 months. My current company just started my green card process.
If I count 2 years of part-time experience as 1 year of full-time experience then I have 5+ years of relevant work experience. But my attorney says that part-time experience won't count much, and since I don't have a 4-year degree before I started working on my first job they can't file me on EB2. But Cal Poly considered me as a second baccalaureate student, and the attorney is saying that it is not good enough. I have got my degree evaluated for professional and academic purposes, and they both recognize my first degree. The professional agency says that I have a degree + minor in CS before I got by CS degree from the U.S. I also have recommendation letters from my previous employers recommending me for full-time leadership positions and sorts.
Wouldn't USCIS recognize these facts and consider me for an EB2 candidate rather than EB3? I never left my specialized field in CS, and that has to count for something, correct? I am able to show progress since I started working on my first job. How big of a risk would it be to file on EB2? If they reject me for EB2, would it hurt my chances on applying again on EB3? How much time would I lose in case of a rejection?
Thank you all in advance for your expert comments and immense help.
Sincerely,
Sujit
Your Attorney is perfectly right. You must have a 5 years of post-bachelors (4 year degree) progressive experience to file a EB2 petition. Your first BS degree in biology will not qualify for a US equivalent BS degree. So, you left with no option other than your other US BS degree for eduction requirement. If you have 5 years full time experience after the completion of the second BS degree, then only you are eligible for EB2. This is must. Even if you have 20 years of experience in computer field before your qualifying US equivalent BS degree, you are not eligible for EB2. USCIS so particular about this, they do not consider what your university has considered your first degree.
I haven't got my question answered by any other posts, so creating a new thread.
I have a 3-year degree in Biology from India, and two computer certifications from CMC Ltd and CDAC (1.5 years total). Then I worked as a software engineer in India full-time for 2.5 years. I arrived in the U.S. after that and worked for a software company full-time for about 6 months. Then I decided to go back and get another degree from a school in California. I worked as a computer science tutor part-time (20 hrs/wk) for 1.5 years while attending school and also worked as a software engineer part-time (20 hrs/wk) on a U.S. military sub-contract project for 2 years. I graduated with a 4-year degree in computer science from Cal Poly, SLO, a CA state university with a GPA of 3.4. Then I worked at Microsoft Corp full-time for a year. Now I am back in CA working for a software company for the last 5 months. My current company just started my green card process.
If I count 2 years of part-time experience as 1 year of full-time experience then I have 5+ years of relevant work experience. But my attorney says that part-time experience won't count much, and since I don't have a 4-year degree before I started working on my first job they can't file me on EB2. But Cal Poly considered me as a second baccalaureate student, and the attorney is saying that it is not good enough. I have got my degree evaluated for professional and academic purposes, and they both recognize my first degree. The professional agency says that I have a degree + minor in CS before I got by CS degree from the U.S. I also have recommendation letters from my previous employers recommending me for full-time leadership positions and sorts.
Wouldn't USCIS recognize these facts and consider me for an EB2 candidate rather than EB3? I never left my specialized field in CS, and that has to count for something, correct? I am able to show progress since I started working on my first job. How big of a risk would it be to file on EB2? If they reject me for EB2, would it hurt my chances on applying again on EB3? How much time would I lose in case of a rejection?
Thank you all in advance for your expert comments and immense help.
Sincerely,
Sujit
Your Attorney is perfectly right. You must have a 5 years of post-bachelors (4 year degree) progressive experience to file a EB2 petition. Your first BS degree in biology will not qualify for a US equivalent BS degree. So, you left with no option other than your other US BS degree for eduction requirement. If you have 5 years full time experience after the completion of the second BS degree, then only you are eligible for EB2. This is must. Even if you have 20 years of experience in computer field before your qualifying US equivalent BS degree, you are not eligible for EB2. USCIS so particular about this, they do not consider what your university has considered your first degree.
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golf52
07-26 08:44 AM
krish.d.rao, Morchu,
Thanks for your replies! This forum and it's members are very helpful.
Now, based on your reply, it seems like I need to have a few things:
1- a good relationship with my current employer - I work for this huge company, and
even if I have a good relationship with my 1st and 2nd level managers, HR and the Immigration department along with the attorney firm, will do whatever their usual process says...
2- based on what I've read so far, it seems that I need to have copy of the i-485 receipts in order to invoke AC-21? I was not given that by my attorney firm. They keep all the documents, and only send us e-mails of the approvals of each step. They say that since the employer is paying for everything, I don't have the right to have copies of anything.
Do you guys think this would be an issue?
Please advice, and thanks in advance for your comments/help,
golf52
Thanks for your replies! This forum and it's members are very helpful.
Now, based on your reply, it seems like I need to have a few things:
1- a good relationship with my current employer - I work for this huge company, and
even if I have a good relationship with my 1st and 2nd level managers, HR and the Immigration department along with the attorney firm, will do whatever their usual process says...
2- based on what I've read so far, it seems that I need to have copy of the i-485 receipts in order to invoke AC-21? I was not given that by my attorney firm. They keep all the documents, and only send us e-mails of the approvals of each step. They say that since the employer is paying for everything, I don't have the right to have copies of anything.
Do you guys think this would be an issue?
Please advice, and thanks in advance for your comments/help,
golf52
more...
stirfries
12-02 01:27 PM
Thanks SS777 !!!
I am optimistic as well !!! I am just hoping that I receive the documents by end of this week !
But at the same time, I wouldn't want to sit idle, just hoping !!! :)
I am going to try whatever options that might be available, to speed up the document receipt, if it is possible !!!
Probably, I can set up an appointment with InfoPass, sometime next week, and see what they have to say about this...
The scary part is, I have read several posts by other users who had reported the loss of document once it has been mailed out by USCIS. I hope I do not fall into that category and I want to be aware of the next course of action, if indeed, I fall into that category.
Cancelling my Tickets is the last option that I have in my mind !!!
The things that we have to go through to get a GC !!!! :)
My attorney finally received the AP documents on hand, 16 days after the online status had changed to "Document Production or Oath Ceremony".
At least, now I don't have to think about postponing my Tickets !!!
Hope it works out for all you folks !!!
Good Luck !!!
Thanks,
I am optimistic as well !!! I am just hoping that I receive the documents by end of this week !
But at the same time, I wouldn't want to sit idle, just hoping !!! :)
I am going to try whatever options that might be available, to speed up the document receipt, if it is possible !!!
Probably, I can set up an appointment with InfoPass, sometime next week, and see what they have to say about this...
The scary part is, I have read several posts by other users who had reported the loss of document once it has been mailed out by USCIS. I hope I do not fall into that category and I want to be aware of the next course of action, if indeed, I fall into that category.
Cancelling my Tickets is the last option that I have in my mind !!!
The things that we have to go through to get a GC !!!! :)
My attorney finally received the AP documents on hand, 16 days after the online status had changed to "Document Production or Oath Ceremony".
At least, now I don't have to think about postponing my Tickets !!!
Hope it works out for all you folks !!!
Good Luck !!!
Thanks,
kumarc123
06-18 03:00 PM
Guys,
you all re jumping to conclusions based on opinions, have you forgoteen what OBAMA had been saying about immigration?
1. Address legal immigration first
2. Illegals will have to stand behind the ones who came in this country legally.
Do you really think, that they will totoaly ignore legal immigrants and work on illegal. Obama has been talking about this process since his days of presidentail campaign,
We all need to have faith and work towards making IV and its goal attainable.
you all re jumping to conclusions based on opinions, have you forgoteen what OBAMA had been saying about immigration?
1. Address legal immigration first
2. Illegals will have to stand behind the ones who came in this country legally.
Do you really think, that they will totoaly ignore legal immigrants and work on illegal. Obama has been talking about this process since his days of presidentail campaign,
We all need to have faith and work towards making IV and its goal attainable.
more...
sravani
05-24 09:22 AM
Please go ahead with the filing especially when your employer is bearing the expenses.
Everything is in flux right now and even the bill is approved, It takes some time for the new system to get in place and you can preserve the Priority Date of the LC applied under the old system, if you need to reapply as per the new merit based point system.
Everything is in flux right now and even the bill is approved, It takes some time for the new system to get in place and you can preserve the Priority Date of the LC applied under the old system, if you need to reapply as per the new merit based point system.
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asanghi
01-24 11:43 AM
I just can't believe how many times this topic has come up, and yet keeps coming up.
We have had long heated discussions on this topic many times, and always come to the same conclusion and that is to push for filing I-485 without visa availability. This topis has so oft debated, there is no merit in kicking it up again.
We have had long heated discussions on this topic many times, and always come to the same conclusion and that is to push for filing I-485 without visa availability. This topis has so oft debated, there is no merit in kicking it up again.
more...
singhsa3
08-29 01:01 PM
I think there are still some visas left for EB2 I/C but they want to distribute them judiciously.
Due to the random processing, seveal people had earlier complained to USCIS and Ombudsman. This may have probably resulted in drawing a line that would mandate following a RD by IOs.
On the other hand DOS has still not made any official statement as the visa may be available or would be available towards the end of month.
Thus all those people whose RD is earlier than the published RD and PD is within the window should remain hopeful.
Due to the random processing, seveal people had earlier complained to USCIS and Ombudsman. This may have probably resulted in drawing a line that would mandate following a RD by IOs.
On the other hand DOS has still not made any official statement as the visa may be available or would be available towards the end of month.
Thus all those people whose RD is earlier than the published RD and PD is within the window should remain hopeful.
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jonty_11
03-02 02:27 PM
Exception 4 - have a question around this statement: For German transit VISA
- are holding a valid visa or other residence permit for the USA (this includes advance paroles, but not approval notices), Canada or Switzerland and travel to the country which issued that visa or residence permit
do not need transit VISA.
Does that mean if you are travelling from India to US (with valid US Visitor VISA) u need a transit VISA.
Above exception seem to appy only if u are travelling to country that issued u the VISA (india), but in this case we are travelling from that Country to US.
never mind - Exception #3 covers it..
- are holding a valid visa or other residence permit for the USA (this includes advance paroles, but not approval notices), Canada or Switzerland and travel to the country which issued that visa or residence permit
do not need transit VISA.
Does that mean if you are travelling from India to US (with valid US Visitor VISA) u need a transit VISA.
Above exception seem to appy only if u are travelling to country that issued u the VISA (india), but in this case we are travelling from that Country to US.
never mind - Exception #3 covers it..
more...
lostinbeta
10-03 12:51 PM
You checked it.... now I am just spamming :P
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saibaba
03-31 09:50 PM
raj,ronnie and others,,,thanx a lot guys
more...
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aachoo
02-20 06:54 PM
How about the opposite problem. The LC wages are lower that what I am being paid. the LC reflects what I was being paid at the time it was filed. not sure if the lawyer screwed up. Right now, I am doing a similar job (non-IT, non-technical), but with wider responsibility and earning ~ 40% more. What now??
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bestoption
05-19 11:14 AM
The address listed on the E-file generated receipt/Document is P.O. BOX 852401 in Mewquite, TX 75185. Is there another physical address of USCIS for e-filers of EAD to send the supporting documents by courier/FedEx.
more...
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Libra
09-15 10:39 PM
I dont like selfish, coward, lazy people be my friends. Who can't stand up for thier families what can they for me.........
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franklin
06-19 05:05 PM
Start worrying about LC approval notice and start working about AOS.
Aaj kal nav jawanoku, ye kya ho raha hi?
What?!
Aaj kal nav jawanoku, ye kya ho raha hi?
What?!
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mmk123
12-19 04:41 AM
After near to unsuccessful attempt to spoil healthcare, *R* team is getting ready to spoil immigration reform efforts. Writer is well-known for talking baseless, stupid and racist comments. But, unfortunately the political atmosphere is such that even SJ news-paper couldn't resist posting this. Fasten your seat belts and get ready for even more bumpier ride than health reform.
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seahawks
07-18 09:42 AM
I agree, the opportunity and benefits to file 485 far outruns anything else.
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pkd666
02-14 02:05 PM
Courts in NJ are not all that friendly to the employees in the case of a non-compete issue. I did some research in this regard when i was having trouble with my desi employer. If you were in California, you can just show him the finger, but NJ is different. If you did sign a non-compete agreement then i would suggest you try switching vendors and join the client after a while. but if you did not sign anything, then there is not much the employer can do.
andy garcia
09-19 06:35 PM
How come a bill which talks about " ....authorize appropriations for fiscal year 2008 for military activities of the Department of Defense......" can link an amendment which talks about different thing i.e. "..Recapture of Unused Employment-Based Immigrant Visas..."
This is how(pay attention to the bold text):
SA 2143. Mr. CORNYN submitted an amendment intended to be proposed by him to the bill H.R. 1585, to authorize appropriations for fiscal year 2008 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
This is how(pay attention to the bold text):
SA 2143. Mr. CORNYN submitted an amendment intended to be proposed by him to the bill H.R. 1585, to authorize appropriations for fiscal year 2008 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
FredG
April 4th, 2005, 06:28 AM
Trying something comparable to double processing, but without the original, I selected the sky, copied the layer, and changed the blend mode to multiply. I then inverted the selection, copied the original layer again, and changed that mode to screen. That made the sky colors richer and the mountains lighter. (didn't post, as my selection was quick and dirty, not at all precise) The beauty of doing it as dual raw conversion rather than this way is there is no destruction of pixels in the process.
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