thepaew
09-24 02:45 PM
Hello Seba
If you are from EB3ROW, you may be spared the endless wait that some of us have to endure. You could file for your green card and go to business school in the US after your green card application has been approved.
Another option could be that you can file your labor certification and hold off on filing I-140 until you hear back from B-school about the status of your application. If you are admitted, you can attend. If denied, you can continue the processing of your GC.
I am not an immigration expert - so please seek an attorney's advice.
Wish You the Best
Thanks for the clear answer thepaew. That is what I thought. I currently have the opportunity to start the green card process with my employer under EB3 ROW, but I am also planning to go for an MBA in the US within the next few years. I am just into my 5th year of H1. It seems that I should not start the green card process if I am sure about going for an MBA in the US within the next few years. That would be terrible if you get into a school you like but cannot attend since you cannot switch from H1 to F1.
If you are from EB3ROW, you may be spared the endless wait that some of us have to endure. You could file for your green card and go to business school in the US after your green card application has been approved.
Another option could be that you can file your labor certification and hold off on filing I-140 until you hear back from B-school about the status of your application. If you are admitted, you can attend. If denied, you can continue the processing of your GC.
I am not an immigration expert - so please seek an attorney's advice.
Wish You the Best
Thanks for the clear answer thepaew. That is what I thought. I currently have the opportunity to start the green card process with my employer under EB3 ROW, but I am also planning to go for an MBA in the US within the next few years. I am just into my 5th year of H1. It seems that I should not start the green card process if I am sure about going for an MBA in the US within the next few years. That would be terrible if you get into a school you like but cannot attend since you cannot switch from H1 to F1.
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delhirocks
06-21 01:20 AM
I think if PD remains current and continues to be current after october, then the I-485s are processed and approved as per the receipt date(RD). So your RD matters if everything continues to be current. If they retrogress, then I-485s are still processed as per I-485 RD, regardless of PD, but if the that PD is not current, then it it will be "placed in suspense" until such PD will become current.
I'm assuming that will happen. PDs will be retrogressed back sometime in sep/oct. And they will process all the current flood of applications. Not sure when they will get to June and beyond RDs(as per processing times they r still processing late 2006 RDs now). And after few months(say 6 months) they will move forward the PDs few months at a time.
The above is just my theory. I could be totally off, so don't come to any conclusions.
I agree...
I'm assuming that will happen. PDs will be retrogressed back sometime in sep/oct. And they will process all the current flood of applications. Not sure when they will get to June and beyond RDs(as per processing times they r still processing late 2006 RDs now). And after few months(say 6 months) they will move forward the PDs few months at a time.
The above is just my theory. I could be totally off, so don't come to any conclusions.
I agree...
ameryki
02-27 02:32 PM
You mention receipt number starting with LIN ,I have a receipt number starting with SRC . Anyone know the difference ,if there is one ?
thanks
Maristella61 thanks for hijacking my thread!...
Now back to my questions... I realize I am in good shape with things in place but will I need the receipt notice when applying for AP/ EAD renewal? My lawyer had asked me to send them money orders for the filing so I don't have any confirmation of the payments but can always print out the application status online. let me know.
thanks
Maristella61 thanks for hijacking my thread!...
Now back to my questions... I realize I am in good shape with things in place but will I need the receipt notice when applying for AP/ EAD renewal? My lawyer had asked me to send them money orders for the filing so I don't have any confirmation of the payments but can always print out the application status online. let me know.
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bmoni
12-23 04:28 PM
Guys, If you have done it or any of your friends have done this please share your/their experience. I am not sure its possible to port I-140 PD when you change employers as it states clearly in the document. I-140 PD invalid if you misrepresent or fraud "This includes change of employer" .
Thanks
Thanks
more...
estrela21
02-08 11:18 PM
Why would you marry in such haste & go through the trauma of not know whats going to happen i he goes to jail for the next 18 months?? why not wait until his jail issue is over ?? I am no one to judge you & mean no harm but have u thought this through ????
yes.... i did alot and he is my first everything... i am 21 and i am old style.. i can wait for my love... time doesn't matter. well in the end everybody is just looking for the same thing love...and difficulty everybody have and different ways,
i love him.. if you cant wait for your love than you do not love him, true love knows no boundaries. what if he was going to iraq for 18 months is that any different than prison. if he has a disease are you going to leave him to avoid pain or deal with it like an adult and accept how harsh reality is.
im not mad about your question im just explaining how i think.
yes.... i did alot and he is my first everything... i am 21 and i am old style.. i can wait for my love... time doesn't matter. well in the end everybody is just looking for the same thing love...and difficulty everybody have and different ways,
i love him.. if you cant wait for your love than you do not love him, true love knows no boundaries. what if he was going to iraq for 18 months is that any different than prison. if he has a disease are you going to leave him to avoid pain or deal with it like an adult and accept how harsh reality is.
im not mad about your question im just explaining how i think.
aristotle
01-31 01:51 AM
If one transfers H1 after I140 approval, employers should have no reason to withdraw the I140. Unless ofcourse for revenge :)
Right now, a lot of big companies withdraw I140 and reuse the labor for another applicant. With the new law in place, employers have no motivation to withdraw the I140.
Right now, a lot of big companies withdraw I140 and reuse the labor for another applicant. With the new law in place, employers have no motivation to withdraw the I140.
more...
gcformeornot
01-12 09:56 AM
^^^^
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jonty_11
01-18 01:05 PM
No actually its seems different from the receipt numbers which usually starts with SRC-xxxxxxxxxx
This one seems different like : PIT-xxxxxxxxxxTSC
It doesn't seems to work anywhere.
did u call 18003755283....and given them this receipt number...
This one seems different like : PIT-xxxxxxxxxxTSC
It doesn't seems to work anywhere.
did u call 18003755283....and given them this receipt number...
more...
glus
12-08 12:24 PM
Friends,
I apoligizeif I was posting this message in the wrong section.
I'm on H1B and filed my 140/485 concurrently in Aug 2007. Can I do ONLINE MBA with out affecting GC process?
One can study on H1B visa and there is no effect on an underlying GC process as long as one obeys all the H1B requirements.
I apoligizeif I was posting this message in the wrong section.
I'm on H1B and filed my 140/485 concurrently in Aug 2007. Can I do ONLINE MBA with out affecting GC process?
One can study on H1B visa and there is no effect on an underlying GC process as long as one obeys all the H1B requirements.
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sunny26
02-26 12:19 PM
today atlast my 140 approved nsc dec2006 eb3
more...
katrina
06-09 02:33 PM
Guys,
I have approved EB3 LC and approved I 140 with PD JAN 2002. My wife has approved EB2 LC (Perm) and Approved I 140 with PD JAN 2006
As we represent one family can't my wife use my PD and apply I 485 under EB2.
for example If husband is born in a retrogressed country and wife in a non retrogressed country in that case, husband gets a free ride !
Why not in this case ? Just curious !
If your wife is from nonretrogress country which allow her to submit I485 it will be better for you to go with her case (don't have to worry about PD) since it will be current for EB2.
Once she get her greencard approved you will automatically get yours as well.
but as always this is just my opinion everything has still need to be consult with your lawyer.
I have approved EB3 LC and approved I 140 with PD JAN 2002. My wife has approved EB2 LC (Perm) and Approved I 140 with PD JAN 2006
As we represent one family can't my wife use my PD and apply I 485 under EB2.
for example If husband is born in a retrogressed country and wife in a non retrogressed country in that case, husband gets a free ride !
Why not in this case ? Just curious !
If your wife is from nonretrogress country which allow her to submit I485 it will be better for you to go with her case (don't have to worry about PD) since it will be current for EB2.
Once she get her greencard approved you will automatically get yours as well.
but as always this is just my opinion everything has still need to be consult with your lawyer.
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b2visahelp
06-16 01:54 AM
Thank you so much for all your advice. I will let them know immediately. However, I have one more question. Is it better to apply the visa from a computer in Indonesia compare to I help them apply from my computer in the US or it really doesn't matter? I'm not sure if the embassy tracks IP address or probably has something against it. Just a thought because we're very careful not to mess it up.
more...
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chantu
06-04 10:13 AM
I had a account in Bank of America, and they sent me a letter when i asked them to send a "Account verification letter for Immigration purposes" They charged me $10 for that and took around a week. See if you can open a account at a local bank and try transfering the money to that account, Before you decide on opening a account , confirm if they issue such a letter.
I advise not to do like this guy is saying. My suggesstion is if it is really not possible for you to get the letter, just send last 6 months of bank statements. And let your parent tell VO that your bank gives letter in person & you live far away from that bank. Majority cases, they will not even ask for any bank letters or statements. My suggesstion is to send both Indiana bank and HSBC bank statements for last 6 months. That will be good.
I advise not to do like this guy is saying. My suggesstion is if it is really not possible for you to get the letter, just send last 6 months of bank statements. And let your parent tell VO that your bank gives letter in person & you live far away from that bank. Majority cases, they will not even ask for any bank letters or statements. My suggesstion is to send both Indiana bank and HSBC bank statements for last 6 months. That will be good.
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diptam
08-03 07:33 PM
You are OK as long is 140 is approved and 180 days have passed since Filing 485... BUT
if yor employer get to know your intention and cancel 140 between 180 and 200 days before 140 is approved , you are screwed...
Thanks,
I 140 and 485 filed concurrently.
Let's say I 140 is approved after 200 (greater than 180) days, If employer revokes I 140 after 230 days (let's say he is pissed off that i left the company using Ac 21 portability)
will it create any issue for my GC ?
if yor employer get to know your intention and cancel 140 between 180 and 200 days before 140 is approved , you are screwed...
Thanks,
I 140 and 485 filed concurrently.
Let's say I 140 is approved after 200 (greater than 180) days, If employer revokes I 140 after 230 days (let's say he is pissed off that i left the company using Ac 21 portability)
will it create any issue for my GC ?
more...
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kookoo
08-03 07:20 PM
If the letter was already sent to the USCIS can i stop further processing of my application?
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ItIsNotFunny
10-15 04:39 PM
Guys,
Lets not repeat this type of threads. We recently had to ban ScratchingHead for similar type of threads. This diverts attention and energy. There are other money related forums and communities available.
Lets not repeat this type of threads. We recently had to ban ScratchingHead for similar type of threads. This diverts attention and energy. There are other money related forums and communities available.
more...
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kaisersose
06-02 03:24 PM
You have a valid point but in worst case scenario, can i use the EAD and handle the RFE at the time of citizen ship... is the RFE during approval of GC or during citizen ship ?
Here is how I see it,
1. You use your EAD and quit your employer.
2. Your H employer cancels your H-1 and therefore the H-4 is cancelled too.
3. When it is time for your wife to apply for AOS, she has show proof that she is legally in the US at that time.
4. But she is no longer in the US legally and so she cannot really apply.
I would not take this route. Instead I suggest you try to get her a different visa (h1, F1, etc) and make her status independent of yours. If not, then you will have to hold on to a H status until her PD becomes current.
Here is how I see it,
1. You use your EAD and quit your employer.
2. Your H employer cancels your H-1 and therefore the H-4 is cancelled too.
3. When it is time for your wife to apply for AOS, she has show proof that she is legally in the US at that time.
4. But she is no longer in the US legally and so she cannot really apply.
I would not take this route. Instead I suggest you try to get her a different visa (h1, F1, etc) and make her status independent of yours. If not, then you will have to hold on to a H status until her PD becomes current.
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sunny1000
02-09 03:00 AM
well i got marriage ceremony , not civil yet...because i didn't know since he have this problem in court. and he says that they would let him out once he's in jail.. the chance of he goes to jail is 50 50... if goes he will get about 18 months. will still can do my papers?
I am not an expert here but, can you not get a certificate from the church that you are married while you are waiting for the official certifcate? see below:
http://boards.immigrationportal.com/showthread.php?t=258893&highlight=marriage+certificate+church
You can also search the above site for answers. But, in the end, please consult a good attorney who is familiar with both immigration and criminal law.
I am not an expert here but, can you not get a certificate from the church that you are married while you are waiting for the official certifcate? see below:
http://boards.immigrationportal.com/showthread.php?t=258893&highlight=marriage+certificate+church
You can also search the above site for answers. But, in the end, please consult a good attorney who is familiar with both immigration and criminal law.
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eastindia
08-20 12:06 PM
Ron says, The USCIS teleconference concerning implementation of PL 111-230 provided the following information:
* The effective date of the new law was August 14, 2010 and all petition submissions postmarked on or after that date are subject to the new tax.
* The new tax only applies to companies that have:
o 50 or more full and part time employees in the US; and
o At least 50% of those employees hold H1B or L status.
* If an employee has an EAD, but is working using an H1B, that employee counts toward the total. If the employee works using his or her EAD, however, the employee does not count.
* The new tax only applies to new H filings (including change of employer filings)
* The new tax DOES NOT apply to extensions or amendments
* The total new tax is $2,000, not the higher amount originally feared
* The CIS confirmed that the additional fee must be paid by the petitioner and not the employee
* Both full and part time employees count toward the 50 employee threshold
* Any L2 employees, working using an EAD, also count toward the total
* The CIS is in the process of developing a new I-129 form to capture information concerning the new fee
* The CSC and VSC are attempting to screen existing cases, with filing postmarks on or after August 14th. For those that are found likely to be subject to the new tax, they will issue RFEs
* DO NOT send checks to the CIS for the additional fee until you receive an RFE.
* New filings by exempt companies should include a signed attestation that they are not subject to the new tax.
* Best practice, use a separate check for the new fee.
* The effective date of the new law was August 14, 2010 and all petition submissions postmarked on or after that date are subject to the new tax.
* The new tax only applies to companies that have:
o 50 or more full and part time employees in the US; and
o At least 50% of those employees hold H1B or L status.
* If an employee has an EAD, but is working using an H1B, that employee counts toward the total. If the employee works using his or her EAD, however, the employee does not count.
* The new tax only applies to new H filings (including change of employer filings)
* The new tax DOES NOT apply to extensions or amendments
* The total new tax is $2,000, not the higher amount originally feared
* The CIS confirmed that the additional fee must be paid by the petitioner and not the employee
* Both full and part time employees count toward the 50 employee threshold
* Any L2 employees, working using an EAD, also count toward the total
* The CIS is in the process of developing a new I-129 form to capture information concerning the new fee
* The CSC and VSC are attempting to screen existing cases, with filing postmarks on or after August 14th. For those that are found likely to be subject to the new tax, they will issue RFEs
* DO NOT send checks to the CIS for the additional fee until you receive an RFE.
* New filings by exempt companies should include a signed attestation that they are not subject to the new tax.
* Best practice, use a separate check for the new fee.
chandrajp
06-25 09:38 AM
As we all know that priority dates became current in the latest visa bulletin. My lawyer made all my paper work ready and is about to file my paperwork with USCIS today. I am not sure if we can file the application a week before it actually becomes current.
I heard some people say that it's actually allowed to file 3 or 4 days before it becomes current. I also read reports that some people's application was rejected because it was sent too early. I am not sure what to believe here. Does anybody has any information on this?
I read in Sheila Murthy web site that she herself knows a case wherein the applicant sent the I485 application just a day before and his/her application got rejected and was penalized in such a way that his application was accepted only a year later.
I heard some people say that it's actually allowed to file 3 or 4 days before it becomes current. I also read reports that some people's application was rejected because it was sent too early. I am not sure what to believe here. Does anybody has any information on this?
I read in Sheila Murthy web site that she herself knows a case wherein the applicant sent the I485 application just a day before and his/her application got rejected and was penalized in such a way that his application was accepted only a year later.
thomachan72
06-18 07:25 AM
But for filing the 485 (US green cared last stage) you need to be physically present within the US and it will be difficult to comute across the border at this stage. This is a very complicated issue and you can never predict the outcome. However, apply both and stay in canada now. Try to complete the 2 year requirement in canada and then you can move back to the US and file the 485. Another thing I heard is if a canadian company hires you and places you in a US location, you can stay in the US and claim years of residence towards the canadian PR, because you are being paid in canada (something like that). If that works then at the same time your LC can be done here. then if dates are current 140 and 485 filed concurrently.
Anyway lot of us might be thinking about this approach and lets wait for more replies and more clarity.
Anyway lot of us might be thinking about this approach and lets wait for more replies and more clarity.
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