sk.aggarwal
02-16 08:29 AM
Thank you very much for your reply.
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BECsufferer
08-19 02:49 PM
ok, you guys win. He is indeed from India. So what?
Dude
You took this whole issue personal. I was merely fore-warning about what had happened. Since we all ( GC expectants) are going thru horrible agony, devil tricks you to circumvent the system, especially people like Dr. Ramesh.
On seperate note, citizenship can be revoked. Their are creterions for revocation, but this indian-origin doctor is not going to be stripped off his citizenship. I will certainly hope this happens to him, but I know it won't.
Peace.
Dude
You took this whole issue personal. I was merely fore-warning about what had happened. Since we all ( GC expectants) are going thru horrible agony, devil tricks you to circumvent the system, especially people like Dr. Ramesh.
On seperate note, citizenship can be revoked. Their are creterions for revocation, but this indian-origin doctor is not going to be stripped off his citizenship. I will certainly hope this happens to him, but I know it won't.
Peace.
smartboy75
10-02 12:47 AM
I think your lawyer is a moron. Why should the EAD from L2 be equivalent to EAD from 485/AOS ? I used to have EAD after I graduated years ago and was working on OPT. That doesn't mean I can file an extension for my past EAD when I apply 485. I would suggest you take a different legal opinion.
Well...now that the applications have reached USCIS ...there is nothing I can do....Hopefully they will issue an RFE or something....You sure scared me dude.....
Well...now that the applications have reached USCIS ...there is nothing I can do....Hopefully they will issue an RFE or something....You sure scared me dude.....
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sac-r-ten
04-14 08:31 PM
Hats off to your patience. you deserve a hug from Obama. just kidding.
:D
Dear IV Friends,
After reading the title you people must be thinking that i got my GC or 485 approved but the fact is I Finally got my PERM filed this month. The purpose of this thread is to inform anyone who is waiting for PERM withdrawal that it took THREE months to withdrawal my OLD perm application. I hope no one is in this situation.
Whenever i use to post something on IV, folks use to have a generic answer "update your profile" but i couldn't as i was waiting to file my PERM. This for those people who always wanted me to update my profile. Checkout my Priority date is April 09 :D in my profile
I am in my 5th year of H1b hope this time i get my PERM approved. In my earlier Green card process i have already been through this queue two times and now i have to start allover again.
Thanks.
:D
Dear IV Friends,
After reading the title you people must be thinking that i got my GC or 485 approved but the fact is I Finally got my PERM filed this month. The purpose of this thread is to inform anyone who is waiting for PERM withdrawal that it took THREE months to withdrawal my OLD perm application. I hope no one is in this situation.
Whenever i use to post something on IV, folks use to have a generic answer "update your profile" but i couldn't as i was waiting to file my PERM. This for those people who always wanted me to update my profile. Checkout my Priority date is April 09 :D in my profile
I am in my 5th year of H1b hope this time i get my PERM approved. In my earlier Green card process i have already been through this queue two times and now i have to start allover again.
Thanks.
more...
mkrisa
08-11 01:23 PM
bumping
ps57002
10-05 05:09 PM
Thanks tnite for reassurance/hope...really need it :)
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zCool
04-07 05:56 PM
If the law is changed. All dates will be current. if it's not changed your date from 2005 means squat. There are abt 200K ppl in the line ahead of you.. no way you are getting anything this life.. maybe you can leave your PD in inheritance to your kid born in India :)
So your GC process shouldn't be a factor.. you got great offer.. leave..!
So your GC process shouldn't be a factor.. you got great offer.. leave..!
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rameshk
03-03 04:32 PM
Who is the laywer? can share his contact information with us please?
Thanks,
Hi,
I've been an infrequent visitor to this site in the past, but it has helped me substantially especially when I've been frustrated with the GC situation - I feel the need to share this, hoping that it might help others. I'm posting in this forum because this is the place people tend to ask questions of lawyers. I'll try to keep this simple so that its easy to understand.
Me: EB2 PD March 2005 for first job. I-140 approved 2006. Promoted to different tile in 2007 Jan, second EB2 filed in March 2007.
Wife: EB2 PD Feb 2007.
During the 'fiasco' of 2007, because I did not have an approved PERM for my new job title, we filed for 485's and 140s through my wife with me as the dependent (Having an AP is worth it when traveling overseas, especially if you anticipate traveling for emergencies and don't have the luxury of checking in for an appointment with the consulate to get a visa renewal - also removes the stress of another interview). Neither of us applied for EADs because we were more secure on the H1 visas - your status is immediately screwed if you switch to EAD and your 485 is denied.
In 2008, I received an RFE on my 2nd PERM application (which was addressed by my company - I have no clue what it was about). In 2009, I received an RFE on my 485 application through my wife, we replied to it through a very good lawyer.
Last year, my original LC PD became current! However, our 485s were tied to my wife's application. After speaking to many lawyers, we understood that there were the following options:-
1. Withdraw the earlier 485s, file completely new ones based on my PD (supposedly the safest from GC point of view, because it leaves no room for confusion. Downside is processing time, app getting lost, losing AP/EAD from earlier 485 etc)
2. File another completely new set of parallel 485s, and leave it to UCSIS to figure out that they needed to pick one with the earlier PD (overkill and confusing as well. UCSIS now deals with 4 485 applications, and chances that they will get confused magnify. High processing time as well)
3. Send a letter requesting that the 485 applications be reviewed based on my PD as opposed to my wife's. (Upside is that its potentially the fastest, is approved by the UCSIS, and you can track it by calling up. Downside is that they may simply don't respond because its not really a legal document that's being sent. Then you get stuck just running for Infopass, SR, Congressman etc)
I have to say that choosing the right lawyer to handle your case is possibly the most important thing you can do. What some of us don't know is that while the earlier stages of the GC process are applications made by the company, the 485 application is an individual application, and you are legally allowed to do so through any lawyer you wish to. In our case, we chose the law firm we trusted, even though it was more expensive. They recommended option 3, and we went with it. That was 4 months ago.
On Saturday (2/25) we received email saying that the card were in processing. This afternoon we got our cards in the mail - a nice surprise.
Moral of the story:-
1. Do your homework, get multiple opinions - no one will care about your GC app like you do.
2. When you move and update the AR-11, make sure you update the address for pending cases as well - this will ensure they mail your GC to the correct place.
3. Don't do anything illegal :)
4. Hire the best lawyer you can if your case is not straightforward. Our lawyer was always willing to talk to us at a few hours notice, was very prompt, and was proactive in checking up on UCSIS updates, bulletins etc.
Best wishes.
Thanks,
Hi,
I've been an infrequent visitor to this site in the past, but it has helped me substantially especially when I've been frustrated with the GC situation - I feel the need to share this, hoping that it might help others. I'm posting in this forum because this is the place people tend to ask questions of lawyers. I'll try to keep this simple so that its easy to understand.
Me: EB2 PD March 2005 for first job. I-140 approved 2006. Promoted to different tile in 2007 Jan, second EB2 filed in March 2007.
Wife: EB2 PD Feb 2007.
During the 'fiasco' of 2007, because I did not have an approved PERM for my new job title, we filed for 485's and 140s through my wife with me as the dependent (Having an AP is worth it when traveling overseas, especially if you anticipate traveling for emergencies and don't have the luxury of checking in for an appointment with the consulate to get a visa renewal - also removes the stress of another interview). Neither of us applied for EADs because we were more secure on the H1 visas - your status is immediately screwed if you switch to EAD and your 485 is denied.
In 2008, I received an RFE on my 2nd PERM application (which was addressed by my company - I have no clue what it was about). In 2009, I received an RFE on my 485 application through my wife, we replied to it through a very good lawyer.
Last year, my original LC PD became current! However, our 485s were tied to my wife's application. After speaking to many lawyers, we understood that there were the following options:-
1. Withdraw the earlier 485s, file completely new ones based on my PD (supposedly the safest from GC point of view, because it leaves no room for confusion. Downside is processing time, app getting lost, losing AP/EAD from earlier 485 etc)
2. File another completely new set of parallel 485s, and leave it to UCSIS to figure out that they needed to pick one with the earlier PD (overkill and confusing as well. UCSIS now deals with 4 485 applications, and chances that they will get confused magnify. High processing time as well)
3. Send a letter requesting that the 485 applications be reviewed based on my PD as opposed to my wife's. (Upside is that its potentially the fastest, is approved by the UCSIS, and you can track it by calling up. Downside is that they may simply don't respond because its not really a legal document that's being sent. Then you get stuck just running for Infopass, SR, Congressman etc)
I have to say that choosing the right lawyer to handle your case is possibly the most important thing you can do. What some of us don't know is that while the earlier stages of the GC process are applications made by the company, the 485 application is an individual application, and you are legally allowed to do so through any lawyer you wish to. In our case, we chose the law firm we trusted, even though it was more expensive. They recommended option 3, and we went with it. That was 4 months ago.
On Saturday (2/25) we received email saying that the card were in processing. This afternoon we got our cards in the mail - a nice surprise.
Moral of the story:-
1. Do your homework, get multiple opinions - no one will care about your GC app like you do.
2. When you move and update the AR-11, make sure you update the address for pending cases as well - this will ensure they mail your GC to the correct place.
3. Don't do anything illegal :)
4. Hire the best lawyer you can if your case is not straightforward. Our lawyer was always willing to talk to us at a few hours notice, was very prompt, and was proactive in checking up on UCSIS updates, bulletins etc.
Best wishes.
more...
indian111
10-12 10:10 PM
Myself and my wife were discussing on this and there are also some contradicting results from the vaccine.So a vaccine no long enough in the market , whose resukts not yet agreed completely by all the doctors shud not be mandated for anyone ,not just immigrants.
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rajeshalex
10-17 06:05 AM
Dont do that. Get H1 stamped in india and then come to USA.
If it is by a desi company, it is not good to come right now. Let him continue in the current job and when the economy/market is good he can come.
Rajesh
If it is by a desi company, it is not good to come right now. Let him continue in the current job and when the economy/market is good he can come.
Rajesh
more...
morpheus
07-07 01:33 PM
Please consult an immigration attorney. There is a lot of misinformation in this area. I believe several of the posts above are incorrect.
My immigration attorney has advised me I can invest in and own anything - LLC, C Corp - as long as I don't take an active role in the business. Once you become active, you need an employment visa e.g. H1 to cover that. Since moving to the US I have owned and/or founded a couple of companies. I filed a visa so I could actively manage one of them. The others I am just a passive investor. One interesting question is can you attend a board meeting and still be a passive investor? Personally I think so, because board membership is not employment. Some may prefer to err on the conservative side.
Income from activites like Google Adsense or royalties is a grey area. It would make an interesting case, because it's very hard for the USCIS to say it is 'employment' rather than passive income. Any legal advice in this area is just an opinion. According to my attorney, there are no USCIS memoranda or case law on the subject.
Morph
My immigration attorney has advised me I can invest in and own anything - LLC, C Corp - as long as I don't take an active role in the business. Once you become active, you need an employment visa e.g. H1 to cover that. Since moving to the US I have owned and/or founded a couple of companies. I filed a visa so I could actively manage one of them. The others I am just a passive investor. One interesting question is can you attend a board meeting and still be a passive investor? Personally I think so, because board membership is not employment. Some may prefer to err on the conservative side.
Income from activites like Google Adsense or royalties is a grey area. It would make an interesting case, because it's very hard for the USCIS to say it is 'employment' rather than passive income. Any legal advice in this area is just an opinion. According to my attorney, there are no USCIS memoranda or case law on the subject.
Morph
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WaldenPond
01-08 02:09 PM
Good luck for us ; And to all the hard working guys ; i would like to help out in the best way ; i am mostly a follower not a leader ; please let me know if i can be of any help ; I live in Oregon, Portland ; i shall request my other friends to contribute for the cause.
Thanks
Anil.
Thanks makino_a55, Your encouragement and contribution is very valuable for the success of this effort. At this time we do not have representation in Oregon, Portland and if you could please pass on the message to your friends, that will be of great help to the community.
Regards,
-WP
Thanks
Anil.
Thanks makino_a55, Your encouragement and contribution is very valuable for the success of this effort. At this time we do not have representation in Oregon, Portland and if you could please pass on the message to your friends, that will be of great help to the community.
Regards,
-WP
more...
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gcfriend65
05-14 04:24 PM
Guys,
The timing of this visa bulletin is suspicious. Right at the nick of time, when the senate is discussing increasing EB quotas, this news comes in. Plus they are saying that there will be forward movement, in the EB cut-off dates in the coming months to rhyme with the current negotatitions in Congress on CIR/ SKIL.
IV should not step behind in their legislation efforts. Even, if visa bulletin dates are current today, they might retrogress later, when the I-485 application starts to process (Current I-485 processing time shows applications processing as of Sept. 10, 2006, which is 8 months before). No one knows, if eight months from now, the cut-off dates will retrogress further or advance, due to the BEC closing out in Sept. 2007 and PERM applications processed from March 2005 onwards.
The timing of this visa bulletin is suspicious. Right at the nick of time, when the senate is discussing increasing EB quotas, this news comes in. Plus they are saying that there will be forward movement, in the EB cut-off dates in the coming months to rhyme with the current negotatitions in Congress on CIR/ SKIL.
IV should not step behind in their legislation efforts. Even, if visa bulletin dates are current today, they might retrogress later, when the I-485 application starts to process (Current I-485 processing time shows applications processing as of Sept. 10, 2006, which is 8 months before). No one knows, if eight months from now, the cut-off dates will retrogress further or advance, due to the BEC closing out in Sept. 2007 and PERM applications processed from March 2005 onwards.
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Suva
07-23 12:22 PM
R. Mickels
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pamposh
08-08 12:33 PM
Pamposh:
I am in the same boat. Is there anyway of figuring out whether USCIS Vermont recevied and Fwd to TSC / NSC?
What is your back up plan
VSC received the application based on the tracking info from UPS.
Whether they forwarded it to NSC or TSC- I don't know yet.
based on the question 6 in link below from USCIS, i think they will
http://www.uscis.gov/files/pressrelease/EBFAQ1.pdf
BUT when I don't know! what will be the receipt date? Not sure!
No back up plan! I think we should be ok but don't know for sure. Filed on my own so no attorney to go to.
I am in the same boat. Is there anyway of figuring out whether USCIS Vermont recevied and Fwd to TSC / NSC?
What is your back up plan
VSC received the application based on the tracking info from UPS.
Whether they forwarded it to NSC or TSC- I don't know yet.
based on the question 6 in link below from USCIS, i think they will
http://www.uscis.gov/files/pressrelease/EBFAQ1.pdf
BUT when I don't know! what will be the receipt date? Not sure!
No back up plan! I think we should be ok but don't know for sure. Filed on my own so no attorney to go to.
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pd_recapturing
10-15 12:00 PM
I think you need to show visa proof when you go to most of the DMVs.
But one of friend renewd his lic(PA DMV) without showing H1 or EAD. He renewed it online.
When I tried to renew my licence online it prompted me that my citizenship requires me to go to DMV local office personally.
Well, if your friend was able to get it renewed online, that mean, he must have got his first DL in PA long time ago and at that time, there was no flag that talked about immigration status like I-94. But at the later stage, DMV started attaching a restriction with H1B and other visa hoders to check the I-94 H1B status etc ...those ppl r still enjoying same setup and ppl like us are going through this whole excercise.
But one of friend renewd his lic(PA DMV) without showing H1 or EAD. He renewed it online.
When I tried to renew my licence online it prompted me that my citizenship requires me to go to DMV local office personally.
Well, if your friend was able to get it renewed online, that mean, he must have got his first DL in PA long time ago and at that time, there was no flag that talked about immigration status like I-94. But at the later stage, DMV started attaching a restriction with H1B and other visa hoders to check the I-94 H1B status etc ...those ppl r still enjoying same setup and ppl like us are going through this whole excercise.
more...
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tnite
09-12 01:26 PM
I called the USCIS customer service and was given the receipt numbers for 485,EAD and AP.The application was put in the system on Sep 8th, Saturday. Checks havent been cashed yet.
Check my signature for the details. USCIS seems to be working overtime.
Check my signature for the details. USCIS seems to be working overtime.
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fearonlygod
11-13 08:44 PM
Hi Guys,
My previous employer has withheld my salary without any reaon..even though i gave app notice, abided with policies and had no bond or anything.
He is not paying my final paycheck since quite a few months and when i call earlier he used to say he will pay but now started like dont call me i will give when i have time......
If i complain to DOL wether i have to fill WH4 or state DOL wahe and Hour form...and would this processs has any effect on GC processing when i start or any repuircussions...as for proof of non payment of salary i have all timesshetss, refernce letters and His mails also
Please Sugest
My previous employer has withheld my salary without any reaon..even though i gave app notice, abided with policies and had no bond or anything.
He is not paying my final paycheck since quite a few months and when i call earlier he used to say he will pay but now started like dont call me i will give when i have time......
If i complain to DOL wether i have to fill WH4 or state DOL wahe and Hour form...and would this processs has any effect on GC processing when i start or any repuircussions...as for proof of non payment of salary i have all timesshetss, refernce letters and His mails also
Please Sugest
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robert5156
07-26 11:56 PM
I need your input.
My PD was Feb 2006-EB2.
I changed job on June 22nd to another company using EAD. Now the PD has become current for Aug.My old company and the new company are in different cities but it is the same state.
I was planning to apply for AC-21 but i have not gotten consistent pay checks yet. My first check was a partial check. I will have 2 consistent paychecks by Aug 15th.
1) Is it safe to just wait and see if i get a 485 approval without alerting USCIS about my job change?
I am thinking since the job change is very recent they might not know about this job change.
2) If they denied my 485 application for any reason ,can i continue to work while i apply for "reconsidering my 485 application" and file AC-21 with the new company?
Please advice what you think about this. Basically i am trying to "not rock the boat" and raise suspicion and more RFEs by notifying them about this very recent change.
Thank you very much for your advice and help in this matter.
My PD was Feb 2006-EB2.
I changed job on June 22nd to another company using EAD. Now the PD has become current for Aug.My old company and the new company are in different cities but it is the same state.
I was planning to apply for AC-21 but i have not gotten consistent pay checks yet. My first check was a partial check. I will have 2 consistent paychecks by Aug 15th.
1) Is it safe to just wait and see if i get a 485 approval without alerting USCIS about my job change?
I am thinking since the job change is very recent they might not know about this job change.
2) If they denied my 485 application for any reason ,can i continue to work while i apply for "reconsidering my 485 application" and file AC-21 with the new company?
Please advice what you think about this. Basically i am trying to "not rock the boat" and raise suspicion and more RFEs by notifying them about this very recent change.
Thank you very much for your advice and help in this matter.
chanduv23
07-11 12:06 PM
Hello friends,
My prority will be current in Aug, next month. I filed I485 last july and my I140 is also approved long back in 2006. After filing I485 i do not see any LUD or anything on my case.
What will be the chances to get my I485 approve ? Do i need to followup / take appointment ( Infopass) etc ?
Appriciate your thoughts...
Depends - everything happens random manner. Generally CP filers have advantage in such situations
My prority will be current in Aug, next month. I filed I485 last july and my I140 is also approved long back in 2006. After filing I485 i do not see any LUD or anything on my case.
What will be the chances to get my I485 approve ? Do i need to followup / take appointment ( Infopass) etc ?
Appriciate your thoughts...
Depends - everything happens random manner. Generally CP filers have advantage in such situations
gcForV
07-13 12:35 PM
Do not start new thread to respond back or add to what gc_hoga_re has said. His post was offensive to members and detrimental to the organization.
That thread is now closed and gc_hoga_re has been banned.
To those who dont like censorship and moderation of forums:
Immigration Voice neither promises nor practices "Free speech" and "First amendment rights" claimed by members who dont like moderation and censorship.
We are an organization for Greencard backlogs advocacy, not civil rights like First amendment rights and free speech. In order to worship civil rights like free speech and first amendment rights, please join the ACLU (www.aclu.org).
Also, Immigration Voice is in its full rights to censor its own site as the site is owned by organization and it is not a public property. Your first amendment rights to "Say whatever you feel like" are guaranteed by the constitution to protect you from congress passing laws that can take away those rights. The constitutional rights dont guarantee you the right to say whatever you want on other citizen's/organization's property/website/domain. So please do not come back to preach the US constitution to the core group. There are thousands of blogs, sites and discussion forums that practice much higher level of censorship. The only way to guarantee the retention of online material is to start your own website and we encourage members who find Immigration Voice as a "Restrictive" or "Non Democratic" website to do that.
Immigration Voice will ban users, ban posts, delete posts, close threads and remove material that is detrimental to the organization.
Also, gc_hoga_re has been banned for posting offensive material.
Wow Wow Wow.
Watch out..Before typing think.
You are the Administrator of the site!!!
I do understand the wild posts though
That thread is now closed and gc_hoga_re has been banned.
To those who dont like censorship and moderation of forums:
Immigration Voice neither promises nor practices "Free speech" and "First amendment rights" claimed by members who dont like moderation and censorship.
We are an organization for Greencard backlogs advocacy, not civil rights like First amendment rights and free speech. In order to worship civil rights like free speech and first amendment rights, please join the ACLU (www.aclu.org).
Also, Immigration Voice is in its full rights to censor its own site as the site is owned by organization and it is not a public property. Your first amendment rights to "Say whatever you feel like" are guaranteed by the constitution to protect you from congress passing laws that can take away those rights. The constitutional rights dont guarantee you the right to say whatever you want on other citizen's/organization's property/website/domain. So please do not come back to preach the US constitution to the core group. There are thousands of blogs, sites and discussion forums that practice much higher level of censorship. The only way to guarantee the retention of online material is to start your own website and we encourage members who find Immigration Voice as a "Restrictive" or "Non Democratic" website to do that.
Immigration Voice will ban users, ban posts, delete posts, close threads and remove material that is detrimental to the organization.
Also, gc_hoga_re has been banned for posting offensive material.
Wow Wow Wow.
Watch out..Before typing think.
You are the Administrator of the site!!!
I do understand the wild posts though
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