EADplease
08-27 12:09 AM
My 485 application was sent to TSC on July 24th (received on July 25th). No receipt yet and don't know whether the checks have been cashed or not -- my attorney is enjoying her vacation!
I-140 has been approved at TSC on Aug 15th 2007 (applied mid Feb).
EB2.
I-140 has been approved at TSC on Aug 15th 2007 (applied mid Feb).
EB2.
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vbkris77
05-01 01:51 PM
Well, you assume family members can get AP and EAD after submitting I-485. Not true for many people. Take myself as an example, I was not lucky enough to file my I485 in 2007. So with a PD of early 2007, I have none of the benefit from AOS a(B) who is the beneficiary (including a spouse or child of the principal alien, if eligible to receive a visa under section 203(d) ) of--
(i) a petition for classification under section 204 that was filed with the Attorney General on or before 2a/ April 30, 2001; or
(ii) an application for a labor certification under section 212(a)(5)(A) that was filed pursuant to the regulations of the Secretary of Labor on or before such date; and 2a/
t all.
Although for me it's not a big deal because my wife will soon get her PhD and will file for her own immigration petition. This actually works better for us, because it will make the line much shorter and both of us will get the green card much quicker.
However, for those who do not work and solely depend on their spouses to get green card. This change can spell disaster for them during the long wait caused by retrogression without the ability to file AOS.
I am in the same boat, per INA, when your PD is current, you including your family will be able to file I485. What OP saying is that they should be counted against FB2. INA explicitly has that point.. With is we should be able to file I485 quick and primary gets GC quickly.
(B) who is the beneficiary (including a spouse or child of the principal alien, if eligible to receive a visa under section 203(d) ) of--
(i) a petition for classification under section 204 that was filed with the Attorney General on or before 2a/ April 30, 2001; or
(ii) an application for a labor certification under section 212(a)(5)(A) that was filed pursuant to the regulations of the Secretary of Labor on or before such date; and 2a/
(i) a petition for classification under section 204 that was filed with the Attorney General on or before 2a/ April 30, 2001; or
(ii) an application for a labor certification under section 212(a)(5)(A) that was filed pursuant to the regulations of the Secretary of Labor on or before such date; and 2a/
t all.
Although for me it's not a big deal because my wife will soon get her PhD and will file for her own immigration petition. This actually works better for us, because it will make the line much shorter and both of us will get the green card much quicker.
However, for those who do not work and solely depend on their spouses to get green card. This change can spell disaster for them during the long wait caused by retrogression without the ability to file AOS.
I am in the same boat, per INA, when your PD is current, you including your family will be able to file I485. What OP saying is that they should be counted against FB2. INA explicitly has that point.. With is we should be able to file I485 quick and primary gets GC quickly.
(B) who is the beneficiary (including a spouse or child of the principal alien, if eligible to receive a visa under section 203(d) ) of--
(i) a petition for classification under section 204 that was filed with the Attorney General on or before 2a/ April 30, 2001; or
(ii) an application for a labor certification under section 212(a)(5)(A) that was filed pursuant to the regulations of the Secretary of Labor on or before such date; and 2a/
saravanaraj.sathya
08-01 01:48 PM
I ve just filed my I-140 in Texas. I-485 applied in NSC...still waiting on the receipts..it seems to be a long wait....
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johny
09-11 02:34 PM
I got receipts for 485,765,131 for me and my wife. from CSC.
mailed app on jul 6th to NSC. received on 9th Jul. Notice date on all is sep 6th.
mailed app on jul 6th to NSC. received on 9th Jul. Notice date on all is sep 6th.
more...
Imigrait
01-30 02:42 PM
Incorrect!
3/10 year applies ONLY for illegal presence and not out of status. The illegal presence starts after I-94 date. I think one of Pappu's blog covers illegal presence details.
However, for I-485 approval, section 245(k) covers out of status for 180 cumulative calendar days since last lawful admission in US.
____________________
Not a legal advice.
US Citizen of Indian Origin
Have a question. My current I-94 is valid till May 2009(entered on AP last time). What happens after May2009? Do I need to get another I-94 and how?
3/10 year applies ONLY for illegal presence and not out of status. The illegal presence starts after I-94 date. I think one of Pappu's blog covers illegal presence details.
However, for I-485 approval, section 245(k) covers out of status for 180 cumulative calendar days since last lawful admission in US.
____________________
Not a legal advice.
US Citizen of Indian Origin
Have a question. My current I-94 is valid till May 2009(entered on AP last time). What happens after May2009? Do I need to get another I-94 and how?
tonyHK12
02-01 02:38 PM
Donated $100 for the event.
Thank you pd052009, Rajeev, arun_ramani, tonyHK12 for your donations.
Total Contribution: $600
Amount to be raised: 50,000 - 600 = $49,400
Thank you pd052009, Rajeev, arun_ramani, tonyHK12 for your donations.
Total Contribution: $600
Amount to be raised: 50,000 - 600 = $49,400
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Kodi
08-15 11:18 AM
Received email from CRIS: EAD Card production ordered on August 14, 2008 for both myself and husband.
I applied April 18th and did FP July 22, 08.
I applied April 18th and did FP July 22, 08.
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reddymjm
06-15 10:27 AM
Receipts only recieved by lawyer? Will benefeciary get any updates?
My colleague sent it on JUN 7th and got his receipts in mail yesterday and the receipt date was Jun11th.
My colleague sent it on JUN 7th and got his receipts in mail yesterday and the receipt date was Jun11th.
more...
GCStatus
09-15 10:23 AM
Is it possible to hard wire this thread?
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Lasantha
07-28 12:58 PM
OK. So now we are fighting between EB2-India and EB3-India, are we?
Before it was ROW and India.
The Anti-Immgration folks spying on this forum must be havinga good laugh!
:confused:
Before it was ROW and India.
The Anti-Immgration folks spying on this forum must be havinga good laugh!
:confused:
more...
sandy_anand
02-18 02:41 PM
transaction ID for this payment is: 1V923300P24635823.
I will be attending the advocacy days on April 4th and 5th. I'm in NJ. Good luck to all of us!
I will be attending the advocacy days on April 4th and 5th. I'm in NJ. Good luck to all of us!
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cleopatra
02-14 07:27 AM
Donated $100 for the event.
more...
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mirage
03-06 03:18 PM
Somebody was asking a question about what was passed by Congresswoman Zoe Logfren, it was H.R. 1127, not related to us but still a immigration related bill for more info check
http://www.immigration-law.com/
http://www.immigration-law.com/
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desi3933
07-10 02:55 PM
I
....
My question to you was if no H1B is "permanent" (as you opine), then how can you prove that the AC20 job on H1B is or isn't "permanent?" So if that job is not "permanent," how do you convince/mention that in as RVE-EVL?
Because Future GC job could be same job on H-1B, only difference being on H-1B your job has fixed end date (noted by I-94), and GC job has no fixed end date, hence permanent. It does not make that current job on H-1B permanent.
Temp Job and Permannet Job can have same job title and job duties. Just like contract job and full-time job can have same job title and job duties, but one is employee of the company and other one is not.
.
....
My question to you was if no H1B is "permanent" (as you opine), then how can you prove that the AC20 job on H1B is or isn't "permanent?" So if that job is not "permanent," how do you convince/mention that in as RVE-EVL?
Because Future GC job could be same job on H-1B, only difference being on H-1B your job has fixed end date (noted by I-94), and GC job has no fixed end date, hence permanent. It does not make that current job on H-1B permanent.
Temp Job and Permannet Job can have same job title and job duties. Just like contract job and full-time job can have same job title and job duties, but one is employee of the company and other one is not.
.
more...
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leoindiano
02-04 09:25 AM
I have been waiting for the FP in the hope that they will be issuing it soon, its already Feb and I have not received it yet. Im the only one who has not recieved the notice yet in my friends circle, I have opened an SR last week. Mine is TSC application. Are there any TSC guys yet to receive the FP notices. Overall are there a significant number of people still waiting or is it just a few of us
Thanks
I am from TSC. My app went thru this TSC-Vermont-TSC cycle. No FP yet. Opened SR twice.
Thanks
I am from TSC. My app went thru this TSC-Vermont-TSC cycle. No FP yet. Opened SR twice.
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dba9ioracle
04-25 11:50 AM
Most of the desi employers in this country have gone thru the same H1B and GC process and got all bad experience. BUT when they start their own company, MOST OF THEM (NOT ALL OF THEM) do the same..... Employer should treat employees, the same way they are expecting to be treated as an employee.. In a long run, Employers with good ethics and practices makes more money and reputation.. The releationship goes longer only if employer and employee both benefits from it.. Isn't it simple to understand and put it into the practice ?
more...
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SleeplessinSeatle
08-18 12:12 AM
LUD on 08/05/07
Other details are in signature.
Other details are in signature.
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sayonara
08-27 12:26 PM
Posted by Clockwork:
clockwork
Member Join Date: Sep 2006
Posts: 63
--------------------------------------------------------------------------------
Guys,
I have received receipt notice for my I-485. My AOS petition was received by J.Barrret at 10:25AM Nebraska Service Center. Later it got forwarded to TSC where my I-140 got approved few months before. Let me know if you have more questions...
Congrats ! Any LUD on your application?
clockwork
Member Join Date: Sep 2006
Posts: 63
--------------------------------------------------------------------------------
Guys,
I have received receipt notice for my I-485. My AOS petition was received by J.Barrret at 10:25AM Nebraska Service Center. Later it got forwarded to TSC where my I-140 got approved few months before. Let me know if you have more questions...
Congrats ! Any LUD on your application?
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gc_chahiye
10-08 12:42 PM
What about people who were stuck for years in backlog and then got laid off and could not port their priority dates. I know a few who come came to US in 99 and now have a priority date of 2007 with a new employer....It should clearly be based on number of years of stay in US or expereince
having been in the US since 2001, losing out my LC/PD to the dot-com bust and finally ending up with a PD of 2006, I second that. PD should be based on number of years of experience or years of stay in the US or amount of taxes paid till now or something like that.
In any case what we WANT is very different from what we usually get from this immigration system and there are bigger more important battles for IV to fight. Look, if there is no retrogression PD almost does not matter!! THATS the right fix. END RETROGRESSION!
having been in the US since 2001, losing out my LC/PD to the dot-com bust and finally ending up with a PD of 2006, I second that. PD should be based on number of years of experience or years of stay in the US or amount of taxes paid till now or something like that.
In any case what we WANT is very different from what we usually get from this immigration system and there are bigger more important battles for IV to fight. Look, if there is no retrogression PD almost does not matter!! THATS the right fix. END RETROGRESSION!
chi_shark
07-09 02:55 PM
I have not heard of any rejection. But, the fact that you're receving 1099-MISC means that you're not full time. In fact, you're not even an employee for the company. If you receive an RFE, I assume you'll need to produce paystubs (which the OP don't have). In addition, you won't even get 1099-MISC until the year end. In short, no proof to overturn RFE.
IF the company can produce such a letter, technically it is a fraud since the OP is NOT a full-time employee. Replying to RFE with no proof and fraud intend won't fly.
Fittan
payslips are not "required" only thing needed is a proof that you have been offered a job that meets all those conditions we all know about. technically, you dont even need to be working when you get RFE... ac21 memo allows self employment very clearly and distinctly. however, it also allows for two things: 1) it allows the IO to ask whatever questions they want to ensure that the job is legitimate and not a fraud. 2) it allows the IO to investigate if there was truly an intention between the beneficiary and the petitioner who applied for I-140 at the time of filing for I-140 AND at the time of filing I-485 (if not con-current). Fortunately, the IO is limited to investigating all this only by means of RFE (i.e. he cannot send the FBI or CIA behind you).
the problem for you and for me is that all this shit has not been proven in court... will you be the first person to take this risk? if you respond to RFE and then they deny your 485 and then you fight a case to overturn that denial, then it will set a precedent in case law that can be applied to all of us... so, please do it and let us know! :-)
i incorporated last year but did not do any business... instead i took a full time job with a well known company... I am shutting down my inc this year... i have already responded to an RFE with an EVL from my employer... i wish they could clarify on this policy... as per AC21 memo, they dont have any problem with self employment...
IF the company can produce such a letter, technically it is a fraud since the OP is NOT a full-time employee. Replying to RFE with no proof and fraud intend won't fly.
Fittan
payslips are not "required" only thing needed is a proof that you have been offered a job that meets all those conditions we all know about. technically, you dont even need to be working when you get RFE... ac21 memo allows self employment very clearly and distinctly. however, it also allows for two things: 1) it allows the IO to ask whatever questions they want to ensure that the job is legitimate and not a fraud. 2) it allows the IO to investigate if there was truly an intention between the beneficiary and the petitioner who applied for I-140 at the time of filing for I-140 AND at the time of filing I-485 (if not con-current). Fortunately, the IO is limited to investigating all this only by means of RFE (i.e. he cannot send the FBI or CIA behind you).
the problem for you and for me is that all this shit has not been proven in court... will you be the first person to take this risk? if you respond to RFE and then they deny your 485 and then you fight a case to overturn that denial, then it will set a precedent in case law that can be applied to all of us... so, please do it and let us know! :-)
i incorporated last year but did not do any business... instead i took a full time job with a well known company... I am shutting down my inc this year... i have already responded to an RFE with an EVL from my employer... i wish they could clarify on this policy... as per AC21 memo, they dont have any problem with self employment...
us_employee
02-09 11:19 PM
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