enggr
10-02 10:20 AM
you could try getting a letter from university that you had completed all the requirements for your degree in 2000 but your degree was formally awarded in 2002
immi_seeker,
That was a nice idea, but I won't get a letter from university saying that the degree requirements are completed in 2000. Also, the transcripts for one supplementary exam (in 2002) may speak against us. Do you think there's a chance? Please reply
immi_seeker,
That was a nice idea, but I won't get a letter from university saying that the degree requirements are completed in 2000. Also, the transcripts for one supplementary exam (in 2002) may speak against us. Do you think there's a chance? Please reply
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desi3933
02-18 06:57 PM
Child born abroad to Lawful Permanent Resident (LPR) may be boarded if child was born during the temporary visit abroad of a mother who is a lawful permanent resident alien, or a national, of the United States, provided that the child's application for admission to the United States is made within 2 years of birth and the child is accompanied by the parent who is applying for readmission as a permanent resident upon the first return of the parent.
Link for the document (http://www.cbp.gov/linkhandler/cgov/travel/inspections_carriers_facilities/carrier_info_guide/carrier_info_guide.ctt/carrier_info_guide.pdf)
_______________________
Not a legal advice.
US citizen of Indian origin
Link for the document (http://www.cbp.gov/linkhandler/cgov/travel/inspections_carriers_facilities/carrier_info_guide/carrier_info_guide.ctt/carrier_info_guide.pdf)
_______________________
Not a legal advice.
US citizen of Indian origin
eb3_nepa
08-14 02:42 PM
to send separate checks so they can generate LIN/SRC numbers against each application.:(
I sent in one cheque for all 6 applications (my wife and myself). I also just called a USCIS rep and he said one check should be fine.
I sent in one cheque for all 6 applications (my wife and myself). I also just called a USCIS rep and he said one check should be fine.
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abalu400
07-19 08:34 PM
Friends,
In my case, in the past year or so, I had one year when I was partially on the bench and so my W2 does not show enough amount, definitely lower than the LCA petition. So, I am in this position. personally, I would like to file next year so that this bad year is at least a year out....and maybe I can get away with filing just one W2.....
What are your thoughts?
In my case, in the past year or so, I had one year when I was partially on the bench and so my W2 does not show enough amount, definitely lower than the LCA petition. So, I am in this position. personally, I would like to file next year so that this bad year is at least a year out....and maybe I can get away with filing just one W2.....
What are your thoughts?
more...
amsgc
04-02 08:43 PM
The deal is: GC application is for a future job offer. That means, the company that files for your GC tells the USCIS that they will employ you in the xyz position once you get the green card.
According to the law, you are not required to have worked for that employer at all. Therefore, yes, you can get an employment letter from any employer (180 days after filing I-485), as long as the offer is bonafide, the job is full time & permanent, and the job duties & occupation is similar to the one mentioned in your labor certification.
Technically, you can work for a company like TekSystems on EAD, and when time comes, provide USCIS with a bonafide employment letter from any company that wants to hire you when you get the GC.
Now, some people have raised concerns over the question of "intent". How do you reinforce the fact that you indeed intend to join the new employer when you get the GC? For this reason, when people switch jobs using AC21, they generally go to work for a company that will give them the employement letter.
Ofcourse, the above discussion is in light of what we know today. The USCIS is working on modifying some of the provisions, so things may change a bit in the near future.
Ams
Does that mean a person can't work for companies like TekSystems on EAD? Senior members, please advice. I would like to switch from my desi employer and join the vendor directly as there is a big pay difference. Any information will be greatly appreciated.
According to the law, you are not required to have worked for that employer at all. Therefore, yes, you can get an employment letter from any employer (180 days after filing I-485), as long as the offer is bonafide, the job is full time & permanent, and the job duties & occupation is similar to the one mentioned in your labor certification.
Technically, you can work for a company like TekSystems on EAD, and when time comes, provide USCIS with a bonafide employment letter from any company that wants to hire you when you get the GC.
Now, some people have raised concerns over the question of "intent". How do you reinforce the fact that you indeed intend to join the new employer when you get the GC? For this reason, when people switch jobs using AC21, they generally go to work for a company that will give them the employement letter.
Ofcourse, the above discussion is in light of what we know today. The USCIS is working on modifying some of the provisions, so things may change a bit in the near future.
Ams
Does that mean a person can't work for companies like TekSystems on EAD? Senior members, please advice. I would like to switch from my desi employer and join the vendor directly as there is a big pay difference. Any information will be greatly appreciated.
bugmenot
01-21 10:07 PM
Would you be interested in contacting all such associations and orkut communities around the country? It will be a big help.
i cud tell my frnds in diffrnt uni's about it to spread the message in thier ISA
i cud tell my frnds in diffrnt uni's about it to spread the message in thier ISA
more...
H4_losing_hope
04-15 04:28 PM
Hi folks,
Just got back from UK on Friday after a month of family time, medicals and our embassy interview! Wanted to let you all know that we were approved and happily back in the US!!
Congrats on the latest admin wins and movements in campaigns/projects. I wanted to say a huge thank you but not farewell to the many kind folks who kept my spirits high in the short time I have been with IV:
abhijitp, needhelp, digital2k, paskal, gsc999, waiting4gc, pappu, chanduv23, santb1975, nolaindian32, walking dude, ja1hind, logiclife and many more. All of you rock and America is very lucky to have such genuine and brilliant people like you. I wish you the very best for your own journey.
I will be around for sure, just have to concentrate on securing some work and life for a bit, finally!
my best :)
Just got back from UK on Friday after a month of family time, medicals and our embassy interview! Wanted to let you all know that we were approved and happily back in the US!!
Congrats on the latest admin wins and movements in campaigns/projects. I wanted to say a huge thank you but not farewell to the many kind folks who kept my spirits high in the short time I have been with IV:
abhijitp, needhelp, digital2k, paskal, gsc999, waiting4gc, pappu, chanduv23, santb1975, nolaindian32, walking dude, ja1hind, logiclife and many more. All of you rock and America is very lucky to have such genuine and brilliant people like you. I wish you the very best for your own journey.
I will be around for sure, just have to concentrate on securing some work and life for a bit, finally!
my best :)
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JDM
08-27 12:18 AM
bump^^^^^^^^^^^
more...
optimystic
03-19 06:01 PM
May be this is the general process, but I know of a case with RD in June last week and PD in 2003 Mar got approved last Nov/Dec area. It is an EB3 India case.
gccube are you EB3 -I as well?
"
FBI Namecheck -- Cleared (02/01/2008)
FP -- Cleared "
How did you find out the status of your namecheck and FP?
gccube are you EB3 -I as well?
"
FBI Namecheck -- Cleared (02/01/2008)
FP -- Cleared "
How did you find out the status of your namecheck and FP?
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NKR
05-14 11:38 AM
Morning is over. We all are in mourning since the bulletin went out...
more...
HalfDog
03-12 03:11 PM
It is an indication of my design style but I will be submitting a more..fine-art piece.
Ah hell I'll explain, it was done with an ink pad and my thumbs (only).
It's somewhat of a photo realism piece.
Ah hell I'll explain, it was done with an ink pad and my thumbs (only).
It's somewhat of a photo realism piece.
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vin13
09-30 10:34 AM
I also have soft LUD on 09/26 and 09/29...But the online status still shows status pending and transferred to the office.
Is ur case in NSC too.
Is ur case in NSC too.
more...
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mdforgc
05-19 04:48 AM
I am not a lawyer, just an immigrant who waded thru these, stil pending GC 485 filed. The issue is, if your employer revokes your 140 before it is approved, or worse yet, if it is not filed, I dont know what visa u r on or how much is left on it. In any case, from my experience, you have to be able to know and track ur application once it is filed, as in my experience there is an unholy nexus betwween employers and lawyers, not to mention the inherent delaying nature of these immigration lawyers. Points
1. Be able to track ur application on USCIS website with the receipt number
2. Do sweettalking with the employer till the 140 is filed and approved, then it is safest to stay for 6 months with your employer, then he can do diddly squat to you if u r able to file 485 and get an EAD. I take it that you are not affected by retrogression.
1. Be able to track ur application on USCIS website with the receipt number
2. Do sweettalking with the employer till the 140 is filed and approved, then it is safest to stay for 6 months with your employer, then he can do diddly squat to you if u r able to file 485 and get an EAD. I take it that you are not affected by retrogression.
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chanduv23
06-29 09:34 PM
I guess the cases that are pre-adjucated are called for interview.
Well "interview" without PD becoming current is a part of "preadjudication" process. Thats why you see those denials, RFEs and interview notices.
Typically once preadjudication is done - it means the next thing is "wait for visa number". Once visa number is available a final review is done by a officer.
In other words "preadjudicated" means "approvable"
Well "interview" without PD becoming current is a part of "preadjudication" process. Thats why you see those denials, RFEs and interview notices.
Typically once preadjudication is done - it means the next thing is "wait for visa number". Once visa number is available a final review is done by a officer.
In other words "preadjudicated" means "approvable"
more...
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krithi
03-22 12:39 PM
All,
I have filled I-485 in 2007, PD is June 2006, EB2. I went to India and came back using my AP on 07/16/2008. I was working for the same company when I came back. I have changed my employer in April, and haven't filled for AC21 yet.
Can you please help me with following question?
My Question is: Will it be Okay to travel using Advance Parole after changing employer and not filled AC21? If anyone traveled like this, Can you please let me know what documents do I need to take with me?
I am in the same boat and travelled twice, no questions asked about employment.
I have filled I-485 in 2007, PD is June 2006, EB2. I went to India and came back using my AP on 07/16/2008. I was working for the same company when I came back. I have changed my employer in April, and haven't filled for AC21 yet.
Can you please help me with following question?
My Question is: Will it be Okay to travel using Advance Parole after changing employer and not filled AC21? If anyone traveled like this, Can you please let me know what documents do I need to take with me?
I am in the same boat and travelled twice, no questions asked about employment.
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cahaba
04-13 12:36 AM
Hello All,
I came across this site while researching for *urgent* solutions or options that my friend needs to pursue or has.
These are my friend's details --
EB3 -- India.
I140 approved in July 2007.
485 filed in July 2007.
MS in Engg from USA.
MBA in Finance from top ten school in USA.
Has applied for couple of patents in tech field.
Author of few papers in tech field.
My friend worked for his green card petitioning employer for 7 years in a technical position on H1 visa. He had to leave this job under some unfavorable circumstances around a month back. He has now taken a job as Marketing Manager for a big firm and is using his EAD. Two weeks back he has received an RFE on his 485 application. (Very curious and bad timing indeed too). This RFE needs a Employment Verification Letter. The current position that my friend works as does not match the position description on his labor petition. The RFE reply needs to be sent in within next 2 weeks.
What are his options to reply to the RFE? One of the lawyers that was consulted said that since Green Card is for a future position, he needs to get a legit letter from a future employer that the employer is willing to hire my friend after he gets his green card.
Also suggested were EB2-NIW and self-employment options.
What would you suggest -- best course of action? Would you know anybody who has gone through a similar situation. Any fallback options that my friend needs to evaluate?
I really appreciate all your replies. Pl treat this as very urgent.
Thanks.
I came across this site while researching for *urgent* solutions or options that my friend needs to pursue or has.
These are my friend's details --
EB3 -- India.
I140 approved in July 2007.
485 filed in July 2007.
MS in Engg from USA.
MBA in Finance from top ten school in USA.
Has applied for couple of patents in tech field.
Author of few papers in tech field.
My friend worked for his green card petitioning employer for 7 years in a technical position on H1 visa. He had to leave this job under some unfavorable circumstances around a month back. He has now taken a job as Marketing Manager for a big firm and is using his EAD. Two weeks back he has received an RFE on his 485 application. (Very curious and bad timing indeed too). This RFE needs a Employment Verification Letter. The current position that my friend works as does not match the position description on his labor petition. The RFE reply needs to be sent in within next 2 weeks.
What are his options to reply to the RFE? One of the lawyers that was consulted said that since Green Card is for a future position, he needs to get a legit letter from a future employer that the employer is willing to hire my friend after he gets his green card.
Also suggested were EB2-NIW and self-employment options.
What would you suggest -- best course of action? Would you know anybody who has gone through a similar situation. Any fallback options that my friend needs to evaluate?
I really appreciate all your replies. Pl treat this as very urgent.
Thanks.
more...
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swede
07-19 08:47 PM
How many years of years of W-2 form copies do we need to attach, when we file I-485 applications?
The more the better. Maybe you don't need to file them at all but rather than risk getting an RFE later, send them as much info as possible.
I sent all my W2 and tax returns since 7 years back...
An RFE shouldn't be too bad, you just waste a week or so. You'll be ok in any case.
The more the better. Maybe you don't need to file them at all but rather than risk getting an RFE later, send them as much info as possible.
I sent all my W2 and tax returns since 7 years back...
An RFE shouldn't be too bad, you just waste a week or so. You'll be ok in any case.
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frostrated
03-16 03:06 PM
please see below.
Background:
My wife and I are currently working on EADs obtained through my previous employer filing for my green card (eb3 India, pri date: dec 2005), my wife is a dependant on this greencard petition. We last re-entered US using our AP. Two years ago, more than six months after my I-140 got approved, I changed my employer (to a similar position in the IT field itself) and my new (and current) employer filed for AC-21. They have also obtained a I-797 for me as a backup which I have used. Also prior to getting my EAD, my wife worked on an H1 visa for a year and then we got EAD, she has been working on that ever since. Our EAD was recently submitted for renewal and will be valid for the next two years.
I got accepted into a fulltime MBA program in the US, which I am planning to attend. This would mean that I quit my current job and after the two years in MBA I will be joining a different employer in a different field (ie: I will be moving out of IT into something like finance). I am assuming transition to F1 is out of question since I have shown immigration intent
Questions:
1) Will it be legal for me to go fulltime to school on an AOS pending status? Yes you can go to school while in AOS. But you cant go to school full time when in AOS if you are the primary applicant. You need to be still employed full time in your line of work.
2) Will I have trouble, re-entering the US on an AP if I travel overseas during the time I am enrolled in school? Yes. Your AP is no longer valid, as you are no more working for the sponsor of your permanent residency.
3) Can I use this EAD card to go for an internship between my first and second year (the job will not be IT)? Only if you are a dependent of the primary applicant.
4) Can I use this EAD card to work fulltime after MBA graduation, provided it is still valid for a few more months (the job will not be IT)? Only if you are a dependent of the primary applicant.
5) If my post-MBA employer files for a greencard for me in the new position which is different from IT, will I be able to use my old priority date of Dec 2005? Yes you can. You will need to file a new labor, and request that they use the old priority date. You can also file in EB2 and request they use the EB3 filing date of Dec 2005.
6) To mitigate risk, my wife is planning to go into H1 so that I can get an H4 if going to school on EAD doesn't work. Is this strategy to use H1 during school time (and travel overseas and re-enter using H4) and use EAD while internship safe? Using H1 on your wife, and you being on H4 is safe. But you cannot use the EAD anymore. Your EAD is tied to your employment, unless you are the dependent on the primary applicant for AOS.
7) If my wife cannot find a H1 job, can she work on her EAD while I am also using EAD to go to school. No. When you quit working and go to school, both of you are in illegal status. To remain in status, she either needs to convert to H1 or you need to convert to F1 and have her here as F2. Best bet, is for her to convert to H1 and you to either H4 or F1.
8) I am assuming that for any EAD based status to work, I need to have a future job offer in the same category. My current employer will not do that.I can get a future job offer from a small IT consulting firm in the same IT field for which my greencard application was filed for. Will that be good enough to keep my EAD alive while in school? No. For your EAD to be valid, you still need to be working. Stopping work does not enable you to continue to be in EAD status.
Thanks SO much for answering. I have this wonderful opportunity in front of me and I really hope immigration will not be a road block to achieve my dreams.
Background:
My wife and I are currently working on EADs obtained through my previous employer filing for my green card (eb3 India, pri date: dec 2005), my wife is a dependant on this greencard petition. We last re-entered US using our AP. Two years ago, more than six months after my I-140 got approved, I changed my employer (to a similar position in the IT field itself) and my new (and current) employer filed for AC-21. They have also obtained a I-797 for me as a backup which I have used. Also prior to getting my EAD, my wife worked on an H1 visa for a year and then we got EAD, she has been working on that ever since. Our EAD was recently submitted for renewal and will be valid for the next two years.
I got accepted into a fulltime MBA program in the US, which I am planning to attend. This would mean that I quit my current job and after the two years in MBA I will be joining a different employer in a different field (ie: I will be moving out of IT into something like finance). I am assuming transition to F1 is out of question since I have shown immigration intent
Questions:
1) Will it be legal for me to go fulltime to school on an AOS pending status? Yes you can go to school while in AOS. But you cant go to school full time when in AOS if you are the primary applicant. You need to be still employed full time in your line of work.
2) Will I have trouble, re-entering the US on an AP if I travel overseas during the time I am enrolled in school? Yes. Your AP is no longer valid, as you are no more working for the sponsor of your permanent residency.
3) Can I use this EAD card to go for an internship between my first and second year (the job will not be IT)? Only if you are a dependent of the primary applicant.
4) Can I use this EAD card to work fulltime after MBA graduation, provided it is still valid for a few more months (the job will not be IT)? Only if you are a dependent of the primary applicant.
5) If my post-MBA employer files for a greencard for me in the new position which is different from IT, will I be able to use my old priority date of Dec 2005? Yes you can. You will need to file a new labor, and request that they use the old priority date. You can also file in EB2 and request they use the EB3 filing date of Dec 2005.
6) To mitigate risk, my wife is planning to go into H1 so that I can get an H4 if going to school on EAD doesn't work. Is this strategy to use H1 during school time (and travel overseas and re-enter using H4) and use EAD while internship safe? Using H1 on your wife, and you being on H4 is safe. But you cannot use the EAD anymore. Your EAD is tied to your employment, unless you are the dependent on the primary applicant for AOS.
7) If my wife cannot find a H1 job, can she work on her EAD while I am also using EAD to go to school. No. When you quit working and go to school, both of you are in illegal status. To remain in status, she either needs to convert to H1 or you need to convert to F1 and have her here as F2. Best bet, is for her to convert to H1 and you to either H4 or F1.
8) I am assuming that for any EAD based status to work, I need to have a future job offer in the same category. My current employer will not do that.I can get a future job offer from a small IT consulting firm in the same IT field for which my greencard application was filed for. Will that be good enough to keep my EAD alive while in school? No. For your EAD to be valid, you still need to be working. Stopping work does not enable you to continue to be in EAD status.
Thanks SO much for answering. I have this wonderful opportunity in front of me and I really hope immigration will not be a road block to achieve my dreams.
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uma001
07-26 02:30 PM
Go for GC , not career. You can get good career whenever you want, but you cant get GC whenever you want. Once you get GC you can apply for 150k job wherever you want, any company you want. With h1 you cant do that.
garyzero
06-06 03:26 PM
Never heard of this contest?? Looks like a few good one's there.
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desi3933
02-21 08:29 AM
......
My concern is (1) that when the time comes to adjudicate his 485, someone might look back and say err, ten years ago there was a problem... I hope it won't happen, but I just want to be safe and my understanding is that returning with a stamped H4 would cure this and (2) that if we decide to go for the stamping, whether someone in the embassy would dig up the records and cause us problems.
Thanks for the insight.
For employment based I-485, out of status is looked only since last entry into US on visa. Even then out-of-status (since last entry) for upto 180 days is forgiven as per section 245(k).
Here is my old post dated 09/09/2008 on this topic
http://immigrationvoice.org/forum/forum5-all-other-green-card-issues/21386-ead-status-when-ead-renewal-delayed.html#post286704
.....
Section 245(k) allows adjustment of status if person is out of status for less than 180 calendar days since last legal entry into the US. Entering US on AP does NOT count as legal entry.
.....
And, my last point, out of status rule applies ONLY to applicants 17 years or older. so your son is ok.
In short, aal izz well.
_______________________
Not a legal advice.
US citizen of Indian origin
My concern is (1) that when the time comes to adjudicate his 485, someone might look back and say err, ten years ago there was a problem... I hope it won't happen, but I just want to be safe and my understanding is that returning with a stamped H4 would cure this and (2) that if we decide to go for the stamping, whether someone in the embassy would dig up the records and cause us problems.
Thanks for the insight.
For employment based I-485, out of status is looked only since last entry into US on visa. Even then out-of-status (since last entry) for upto 180 days is forgiven as per section 245(k).
Here is my old post dated 09/09/2008 on this topic
http://immigrationvoice.org/forum/forum5-all-other-green-card-issues/21386-ead-status-when-ead-renewal-delayed.html#post286704
.....
Section 245(k) allows adjustment of status if person is out of status for less than 180 calendar days since last legal entry into the US. Entering US on AP does NOT count as legal entry.
.....
And, my last point, out of status rule applies ONLY to applicants 17 years or older. so your son is ok.
In short, aal izz well.
_______________________
Not a legal advice.
US citizen of Indian origin
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