jsb
04-17 09:30 AM
Here is what I understand, but make sure you seek professional opinion before making any move.
He can simply submit another I-485 as the derivative of your application. Of course that can only happen when your PD becomes current. He does not have to withdraw his own application. If he gets GC as your derivative, his other I-485 will automatically become invalid.
Sending a new 485 as derivative means new fee too. RFE suggests that case is active in some way. Therefore, there is no harm in sending a second letter about the relationship, including marriage certificates etc, with A# and Receipt # references of both (these are the only two references in their system, PD's are only on paper). Best..
He can simply submit another I-485 as the derivative of your application. Of course that can only happen when your PD becomes current. He does not have to withdraw his own application. If he gets GC as your derivative, his other I-485 will automatically become invalid.
Sending a new 485 as derivative means new fee too. RFE suggests that case is active in some way. Therefore, there is no harm in sending a second letter about the relationship, including marriage certificates etc, with A# and Receipt # references of both (these are the only two references in their system, PD's are only on paper). Best..
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gc_chahiye
08-01 08:09 PM
depends on what the job required per your labor cert. If it said 2 years, then even if you have 36 years of industry experience you need experience letters for only 2 years.
If you are going for EB2 and your LC says MS+1 year of experience, you need experience for 1 year. If your LC said BS+5 years you need 5 years worth. If your LC said the job requires expertise in VC++, your experience letter must mention VC++.
If you are going for EB2 and your LC says MS+1 year of experience, you need experience for 1 year. If your LC said BS+5 years you need 5 years worth. If your LC said the job requires expertise in VC++, your experience letter must mention VC++.
indianabacklog
04-17 09:18 AM
Are interviews instant or do you typically have to wait for a date? A petition approval is not an approval to work, correct? Sorry, I am just learning the process. Is there a link on here that shows how it should be done?
BTW, this person was here on an L1 for another company up until December 07 in US, went home for vacation for a month, sent in paperwork for L1A under new company since current visa lapsed, came back early to US on VW(green form) and then waited here for his new L1 petition to approve - while working. He thinks that this is ok. :eek:
Thanks again!
Interviews are definitely NOT instant. You have to book ahead and fill the respective embassy forms, pay the fee and take necessary documentation to the interview. The approval notice does allow one to work but in order to enter the country to start the job you need a visa in your passport.
This last message you posted poses another question. You can only get an L visa with a company if you have worked for them for one year outside of the US. How does a person file for a new L1 for a NEW company when they have been working on a previous L visa with that company. The company do the filing anyway since L's are employment based visas.
This whole story is getting more curious.
BTW, this person was here on an L1 for another company up until December 07 in US, went home for vacation for a month, sent in paperwork for L1A under new company since current visa lapsed, came back early to US on VW(green form) and then waited here for his new L1 petition to approve - while working. He thinks that this is ok. :eek:
Thanks again!
Interviews are definitely NOT instant. You have to book ahead and fill the respective embassy forms, pay the fee and take necessary documentation to the interview. The approval notice does allow one to work but in order to enter the country to start the job you need a visa in your passport.
This last message you posted poses another question. You can only get an L visa with a company if you have worked for them for one year outside of the US. How does a person file for a new L1 for a NEW company when they have been working on a previous L visa with that company. The company do the filing anyway since L's are employment based visas.
This whole story is getting more curious.
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garybanz
03-09 11:35 AM
thanks all for suggestions
His company is filing for LCA today and will see where it takes
It's probably going to be too little too late to just file an LCA now.
I am not sure why people like your brother don't get in touch with top attorneys (Murthy/Khanna etc) and get their case back on track, depending on employers to handle such complications is very risky and not necessarily in the best interest of the employee.
His company is filing for LCA today and will see where it takes
It's probably going to be too little too late to just file an LCA now.
I am not sure why people like your brother don't get in touch with top attorneys (Murthy/Khanna etc) and get their case back on track, depending on employers to handle such complications is very risky and not necessarily in the best interest of the employee.
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eb3_2004
10-30 01:25 PM
How did u know this info? Did USCIS tell u when u called or did your lawyer tell this?
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saiarchana
09-22 02:26 PM
Type : EB3
RD to NSC : April 9 th 2007
Concurent Filing : NO
Tranfered to TSC : April 23 th 2008
Last Update : May 29 th 2008
Current Status : This case is now pending at the office to which it was transfered
Approval Date : Pending
RD to NSC : April 9 th 2007
Concurent Filing : NO
Tranfered to TSC : April 23 th 2008
Last Update : May 29 th 2008
Current Status : This case is now pending at the office to which it was transfered
Approval Date : Pending
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jliechty
January 31st, 2005, 12:45 AM
IMHO, Father & Son "feels" better, while Solitary Fisherman would be the best technically if it were cropped tighter (moreso on the left and top, being careful on the latter to avoid centering him or getting him high in the frame). To me, the rest of the shots have too much distracting material in the background (including Solitary #2, though that one is not as bad as the others, and the distracting element could be "solved" in Photoshop if the contest allows this ;)).
Edit to add more thoughts: If anyone tells you that you suck, keep practicing and prove them wrong (they're probably jealous anyway because they're even worse). I still have trouble with distracting backgrounds - that's probably the most frequent reason I send frames to the circular file, after technical errors (exposure, focus, etc.). Practice, not hundreds or thousands of frames per day of thoughtless practice, but concentrated, thoughtful practice, engaging the mind and paying attention to what's in the viewfinder (and what isn't, and what shouldn't be), is the way to improve. :)
Edit to add more thoughts: If anyone tells you that you suck, keep practicing and prove them wrong (they're probably jealous anyway because they're even worse). I still have trouble with distracting backgrounds - that's probably the most frequent reason I send frames to the circular file, after technical errors (exposure, focus, etc.). Practice, not hundreds or thousands of frames per day of thoughtless practice, but concentrated, thoughtful practice, engaging the mind and paying attention to what's in the viewfinder (and what isn't, and what shouldn't be), is the way to improve. :)
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jkays94
05-17 07:33 PM
My lawyers and I have attempted to appeal the decision, however our attempt has been futile: our request for appeal has been denied.
The judge presiding over my case will be a United States citizen - it would be like telling a child to kill his/her parent... it simply cannot happen! If I were to sue the United States of America, I would be fighting an uphill battle and risk deportation if I were to lose.
Did you appeal your case to the Board of Immigration Appeals ? Have you sought the intervention of congressional offices ? Congressional offices can ask questions and get answers which you otherwise would never get. What status did you file under ? EB category ? etc
Judges in the US do not discriminate on national origin or immigration status. There have been cases where legal and illegal immigrants convicted of crimes have sued the US and won key phases of their cases even when the cases were appealed. Examples of such are Jogi v. Voges and :
In two recent decisions, the Fourth Circuit reversed lower court rulings that had dismissed law suits filed by two Colombian nationals under the Alien Tort Statute. Both lawsuits sought $2 million in damages on the grounds that the arresting authorities had failed to advise them of their right to consular notification and communication.
While this were not immigration cases, the following case might even demonstrate that Judges are there to uphold the law without fear or favor. In this particular case, a court ordered a US consulate to adjudicate a visa application in 60 days when the applicants had been kept waiting for over 4 years. Mind you the individual was outside the US and still sued and won :
Mandamus Granted Against U.S. Embassy in Moscow in 4-Year Wait for Visa (http://www.aila.org/content/default.aspx?docid=16767)
A District Court in California grants mandamus against the U.S. Embassy in Moscow in an immigrant visa case, finding that 4 years is an unreasonable time for an application to be pending and that a U.S. petitioner has standing to bring a mandamus action against an overseas consulate in a visa application case. Courtesy of Kenneth White.
Finally, I am not an attorney, but I strong suggest pursuing the congressional office route, if need be, use both your congressman(woman) and senator's office to get to the bottom of what appears to be an obvious error. You might want to schedule a meeting with them rather than discuss the issue over the phone and provide all copies of correspondence.
The judge presiding over my case will be a United States citizen - it would be like telling a child to kill his/her parent... it simply cannot happen! If I were to sue the United States of America, I would be fighting an uphill battle and risk deportation if I were to lose.
Did you appeal your case to the Board of Immigration Appeals ? Have you sought the intervention of congressional offices ? Congressional offices can ask questions and get answers which you otherwise would never get. What status did you file under ? EB category ? etc
Judges in the US do not discriminate on national origin or immigration status. There have been cases where legal and illegal immigrants convicted of crimes have sued the US and won key phases of their cases even when the cases were appealed. Examples of such are Jogi v. Voges and :
In two recent decisions, the Fourth Circuit reversed lower court rulings that had dismissed law suits filed by two Colombian nationals under the Alien Tort Statute. Both lawsuits sought $2 million in damages on the grounds that the arresting authorities had failed to advise them of their right to consular notification and communication.
While this were not immigration cases, the following case might even demonstrate that Judges are there to uphold the law without fear or favor. In this particular case, a court ordered a US consulate to adjudicate a visa application in 60 days when the applicants had been kept waiting for over 4 years. Mind you the individual was outside the US and still sued and won :
Mandamus Granted Against U.S. Embassy in Moscow in 4-Year Wait for Visa (http://www.aila.org/content/default.aspx?docid=16767)
A District Court in California grants mandamus against the U.S. Embassy in Moscow in an immigrant visa case, finding that 4 years is an unreasonable time for an application to be pending and that a U.S. petitioner has standing to bring a mandamus action against an overseas consulate in a visa application case. Courtesy of Kenneth White.
Finally, I am not an attorney, but I strong suggest pursuing the congressional office route, if need be, use both your congressman(woman) and senator's office to get to the bottom of what appears to be an obvious error. You might want to schedule a meeting with them rather than discuss the issue over the phone and provide all copies of correspondence.
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arnet
11-22 04:55 PM
better check with your immigration attroney for your situation.
It is better to have all visa related documents including I-797, LCA, I-129, passport, w-2, pay stubs, current company employment letter, appointment letter, resume, bank financial statements, work experience letters, etc. call the consulate and verify the reqd docs before you go.
regd AP, if your previous visa stamping is expired in passport then it is better to have AP when you go outside country for visa stamping. just incase if any problems with your paper and if they didnt stamp, atleast you can use AP to enter US. If previous visa is not expired you can come back to US using that at port of entry and you can go back and get stamping later. better check with your immigration attroney for your situation.
If you use AP, you should use EAD to work. You cannot use H1 unless if you get H1 stamped in your passport OR if you have already stamped, you need to re-enter US using H1 at port of entry (but either case, you need to go outside US and enter).
also staying in H1 is better compared to working in EAD (if AP used at port of entry) because if I-485 is denied in future, you will be considered as "out of status" when you are in EAD and you can't file for another I-485 because you are out of status (unless if you come under certain USCIS relaxations you can file again). But in H1 even if I-485 is denied, atleast you can file another I-485 because you are in status.
some say if your GC is approved when you are out of country, then you need to use AP ONLY to enter US as they say H1 wont be valid if GC is approved but I'm not sure abt this.
good luck.
Hi
I am working in University in US and my I-140 (EB-2 Sch-A) is approved and my I-485 is pending. I have H-1B approved from March-06 but yet not stamped.
I am planing to Go to India some time next summer.
But before that I am planing to go to MEXICO ( MATAMOROS) for H-1B and
H-4 stamping for my family.
Do I need to carry any extra documents apart from those needed for H-1 B stamping?
DO I need to Get Advance parole before going to mexico for H-1B stamping?
Does the my going out of country with pending I-485 without taking AP will affect pending application of I-485?
Your experienced advise will help me a lot.
It is better to have all visa related documents including I-797, LCA, I-129, passport, w-2, pay stubs, current company employment letter, appointment letter, resume, bank financial statements, work experience letters, etc. call the consulate and verify the reqd docs before you go.
regd AP, if your previous visa stamping is expired in passport then it is better to have AP when you go outside country for visa stamping. just incase if any problems with your paper and if they didnt stamp, atleast you can use AP to enter US. If previous visa is not expired you can come back to US using that at port of entry and you can go back and get stamping later. better check with your immigration attroney for your situation.
If you use AP, you should use EAD to work. You cannot use H1 unless if you get H1 stamped in your passport OR if you have already stamped, you need to re-enter US using H1 at port of entry (but either case, you need to go outside US and enter).
also staying in H1 is better compared to working in EAD (if AP used at port of entry) because if I-485 is denied in future, you will be considered as "out of status" when you are in EAD and you can't file for another I-485 because you are out of status (unless if you come under certain USCIS relaxations you can file again). But in H1 even if I-485 is denied, atleast you can file another I-485 because you are in status.
some say if your GC is approved when you are out of country, then you need to use AP ONLY to enter US as they say H1 wont be valid if GC is approved but I'm not sure abt this.
good luck.
Hi
I am working in University in US and my I-140 (EB-2 Sch-A) is approved and my I-485 is pending. I have H-1B approved from March-06 but yet not stamped.
I am planing to Go to India some time next summer.
But before that I am planing to go to MEXICO ( MATAMOROS) for H-1B and
H-4 stamping for my family.
Do I need to carry any extra documents apart from those needed for H-1 B stamping?
DO I need to Get Advance parole before going to mexico for H-1B stamping?
Does the my going out of country with pending I-485 without taking AP will affect pending application of I-485?
Your experienced advise will help me a lot.
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ras
05-28 11:28 PM
Here is the prashanthi blog syndication link
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GC_LOOKIN
09-12 12:56 PM
Just heard this from my friend. His case is exactly the same (I140-NSC approved, July 2nd 9:01 R.Mickels filer). His got transferred to Texas and got receipts last week. No EAD's yet. Got receipt for FP date today.
Guys, Please update if you hear more of similar cases.
this sounds encouraging:) hopefully we will get receipts soon
Guys, Please update if you hear more of similar cases.
this sounds encouraging:) hopefully we will get receipts soon
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akp
06-30 07:35 PM
I do not know what was posted. But if it was not offensive language (and I mean offensive as in use of swear words), I do not agree that moderator or super moderator should delete it. Let it be there, if it is useless drivel, it will be ignored by most. So deleting an opinion or comment does not sound right, and it undermines the credibility of forum, especially in the US where these sort of things not taken lightly (think of communist label).
I understand the concept of keeping focus on immigration matters only, but leave it to members for most part.
The implication of our way or highway sounds childish.
Just my opinion in an "open" forum.
I understand the concept of keeping focus on immigration matters only, but leave it to members for most part.
The implication of our way or highway sounds childish.
Just my opinion in an "open" forum.
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sangmami
08-15 09:10 PM
hi,
where do we get to read the receipt number from the back of the check ?..i see so many ppl write that they cud get the receipt number from the back of the check and with that the cud track the fate of receipt notice.The back of my cleared check has so many numbers but they are all overlapping and unreadable.Do any1 else has the same issue?
can any1 tell what is the window period b ween check clearance and recipt notice?
Thanks.
where do we get to read the receipt number from the back of the check ?..i see so many ppl write that they cud get the receipt number from the back of the check and with that the cud track the fate of receipt notice.The back of my cleared check has so many numbers but they are all overlapping and unreadable.Do any1 else has the same issue?
can any1 tell what is the window period b ween check clearance and recipt notice?
Thanks.
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Hong12
02-04 01:12 AM
I just got the H1 Approval for 1 year and 2 months (1 year H1 Extension and 2 months recapture time). I am currently in Malaysia and need to apply for a visa at US Consulate in Malaysia. Since I am on the H1 visa, I have to show the proof that I will return back to Malaysia after the end of my work period in US. Accordingly, I would need to purchase the round trip ticket. The issue is that the plane ticket only valid for the maximum of 1 year, but my visa valid for 1 year and 2 months. Please advise if one way plane ticket would be sufficient for the visa interview or need to be a round trip plane ticket. If it is not, what should I do? Also, I wonder if the application package including I-129 submitted to USCIS need to be stamped �Certified True Copy� with the original signature of the lawyer or employer for the visa interview. Can I use the copy one that is stamped �Certified True Copy� with the non-original signatures of my lawyer or employer? Anybody pls help. Thank you very much.
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lazycis
01-10 04:23 PM
My husband was born in Switzerland, I was born in China. I borrowed my husband's nationality to submit 485 and 140 concurrently. from the replies above, my case should follow Switzerland, not China. Is that correct? Thanks.
Correct.
Correct.
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pappu
08-14 04:10 PM
and you thought only BEC are the only ones messing up...
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akred
07-14 06:31 PM
You can also see how Europe's disintegrated political structure allows it to send far more than the 9800 limit.
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dpp
12-02 03:44 PM
Hello - I just recd. the TRANSFER NOTICE for me & my wife's 485 case stating that the case has been transferred to USCIS-NBC, PO Box 648005, Lee's Summit, MO 64064. We had filed for AOS in July 2007 and my priority date for is April 2006 (EB-2).
I would appreciate it if somebody can please shed some light on what this means for us. What are the implications for us.? Will the case be transferred to the local office.? Should i start to gather documents for a interview.
Would appreciate any advice i can get. Thank you!
Same thing happened to me as well yesterday. Mine is also EB2 April 2006 PD.
I would appreciate it if somebody can please shed some light on what this means for us. What are the implications for us.? Will the case be transferred to the local office.? Should i start to gather documents for a interview.
Would appreciate any advice i can get. Thank you!
Same thing happened to me as well yesterday. Mine is also EB2 April 2006 PD.
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arihant
06-01 12:47 PM
Those who are eligible to apply in June, did you apply the first day itself, or will do it later?
s416504
08-29 02:52 PM
So far 95 Voted. 77% says No update
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07-16 01:58 PM
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