apahilaj
09-18 06:36 PM
WILL THE CASE STATUS BE UPDATED IF FP NOICE IS SENT?
Please let me know...
Reading on this forum, it doesn't seem so.
Please let me know...
Reading on this forum, it doesn't seem so.
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dilbert_cal
07-11 03:19 AM
Emigration or Immigration ?? Isnt there a difference between the two ;-)
As per m-w.com
Emigrate :-
Etymology: Latin emigratus, past participle of emigrare, from e- + migrare to migrate
: to leave one's place of residence or country to live elsewhere <emigrated from Canada to the United States>
Immigrate :
Etymology: Latin immigratus, past participle of immigrare to remove, go in, from in- + migrare to migrate
intransitive verb : to enter and usually become established; especially : to come into a country of which one is not a native for permanent residence
Hope the writer of the article knows the difference too....
As per m-w.com
Emigrate :-
Etymology: Latin emigratus, past participle of emigrare, from e- + migrare to migrate
: to leave one's place of residence or country to live elsewhere <emigrated from Canada to the United States>
Immigrate :
Etymology: Latin immigratus, past participle of immigrare to remove, go in, from in- + migrare to migrate
intransitive verb : to enter and usually become established; especially : to come into a country of which one is not a native for permanent residence
Hope the writer of the article knows the difference too....
sathyaraj
11-14 01:16 PM
My opinion is not to waste to get the replacement EAD as it is already approved. As per my understanding most of the employers do want only the copy of the EAD card for verification purposes. My wife was never been asked EAD card when she was attending interviews. They needed only copies.
Also if you still want to apply, see whether you can apply for renewal card so that you would atlz get an extra year from your current card's expiry date.
It is better to inform USCIS though just to prevent any possible identity theft.
P.S. I am not a lawyer. This is just my thoughts!
Also if you still want to apply, see whether you can apply for renewal card so that you would atlz get an extra year from your current card's expiry date.
It is better to inform USCIS though just to prevent any possible identity theft.
P.S. I am not a lawyer. This is just my thoughts!
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ilwaiting
12-28 09:44 AM
It would be really ages before EB3 moves to Jan-03. I guess we can worry about the getting stuck(in Jan-03) part when we are there. Just trying to be realistic.
Currently EB3 is on May 01
What are the chances of EB3 also getting stuck around Jan 03.
Does any one know reason why so many EB2 were filed before Jan 03. Was there Apr 01 type of deadline??
Currently EB3 is on May 01
What are the chances of EB3 also getting stuck around Jan 03.
Does any one know reason why so many EB2 were filed before Jan 03. Was there Apr 01 type of deadline??
more...
Siddharta
01-11 11:03 PM
Per Canadian Immigration law, if a person is offered a PR and if thats not used, then that person wont be given another PR the second time. ....
Do you have a link to this info anywhere (official website?)
Do you have a link to this info anywhere (official website?)
horscorp
02-09 06:56 AM
Thanks a lot. I understand the process better now.
Horscrop,
Yes, it is possible that USCIS would reject the extension because the PERM was not filed 365 days before the end of six years. However, a rejection on this basis is clearly contrary to both the language and intent of AC21, and I believe, could be successfully challenged on appeal.
Ann
PS-Am enjoying all the snow---so beautiful and peaceful.
Horscrop,
Yes, it is possible that USCIS would reject the extension because the PERM was not filed 365 days before the end of six years. However, a rejection on this basis is clearly contrary to both the language and intent of AC21, and I believe, could be successfully challenged on appeal.
Ann
PS-Am enjoying all the snow---so beautiful and peaceful.
more...
kasanski33
02-23 08:44 PM
I will be there
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venky08
06-23 11:40 PM
My attornies (big firm...working for Fortune 500 company) says that dates could retrogress anytime i.e. on 15 July 07, dates could move back several months and the chances of that happening are very high. My advise is to have your spouse cut the vacation short and return asap...! You need to file ASAP.
are you sure that the dates can retrogress by july 15???
Do you have a precedence of such thing happening???
are you sure that the dates can retrogress by july 15???
Do you have a precedence of such thing happening???
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Eternal_Hope
05-10 05:07 PM
If under the bullet point (b) you have an option to choose "other" then choose that.
EAD is not a status; pending I-485 allows you to be "legally present" in the country without having a "legal status". Similarly, AP allows you to travel out of the country and reutrn without abandoning your pending I-485 application. (At least that's what my understanding is .....)
All the best..... hope things work out well with your application .............
EAD is not a status; pending I-485 allows you to be "legally present" in the country without having a "legal status". Similarly, AP allows you to travel out of the country and reutrn without abandoning your pending I-485 application. (At least that's what my understanding is .....)
All the best..... hope things work out well with your application .............
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same_old_guy
04-13 04:22 PM
Just saw it in AILA site :
http://aila.org/content/default.aspx?docid=22101
Is this same as Skill Bill with a new name ?
http://aila.org/content/default.aspx?docid=22101
Is this same as Skill Bill with a new name ?
more...
gc28262
09-01 06:27 PM
I'm in the same hole. Oct'2003 is my PD EB2I. had interview 3 months back. Was waiting so eagerly for this day. no update on my case. While I see Dec'2004 cases getting approved. Why can't USCIS do some organization and issue green card purely by priority dates rather than at the mercy of the officer. Why should they make lives of poor immigrants and green card applicants as miserable and touch as possible? Can't do anything more than feeling bad. :-(
If your PD is current, try creating a service request. This will force IO to look at your case. If it is ready for approval, he would probably approve it.
If your PD is current, try creating a service request. This will force IO to look at your case. If it is ready for approval, he would probably approve it.
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arsh007
10-05 09:48 AM
Arsh,
Good to know these info.
Could you please let me know what kind of visa/work permit you were on in Brussels? Is there a way to be a permanent resident there?
Thanks
I was on a "Belgium work permit" which had to be renewed each year and was linked to the employer just like the H1. The renewal process itself took a few weeks. Living and working for 5 years or more allows you to become a permanent resident (Please check again since this information is from 2000-2002 and rules may have changed since then). The Belgium work permit allows you to work in that country but you are free to travel across any EU country (France, Spain, Italy, Netherlands, Luxemborug, Germany etc).
Good to know these info.
Could you please let me know what kind of visa/work permit you were on in Brussels? Is there a way to be a permanent resident there?
Thanks
I was on a "Belgium work permit" which had to be renewed each year and was linked to the employer just like the H1. The renewal process itself took a few weeks. Living and working for 5 years or more allows you to become a permanent resident (Please check again since this information is from 2000-2002 and rules may have changed since then). The Belgium work permit allows you to work in that country but you are free to travel across any EU country (France, Spain, Italy, Netherlands, Luxemborug, Germany etc).
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smaram1
08-11 10:44 PM
It would be great if any one's I485 got approved while their Name Check is Pending?
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hopelessGC
01-21 04:38 PM
The fact that you are moving to a new employer using your EAD is in essence using the AC-21 portability provision. This new employer will now have to support your AC-21 claim.
You don't have to do anything further. In case employer A revokes your I-140, then USCIS might send an NOID. This can be easily reversed by sending in your AC-21 documents via the new employer.
There is no such thing as "continuing your GC process with your old employer" in your case. It is only true if you are working for your new employer using H1-B or other type of a visa, NOT EAD.
If anyone has doubts about what I said then please correct me.
You don't have to do anything further. In case employer A revokes your I-140, then USCIS might send an NOID. This can be easily reversed by sending in your AC-21 documents via the new employer.
There is no such thing as "continuing your GC process with your old employer" in your case. It is only true if you are working for your new employer using H1-B or other type of a visa, NOT EAD.
If anyone has doubts about what I said then please correct me.
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PD_Dec2002
07-26 08:40 AM
Yes, it won't be a rejection or a denial either...just a simple RFE. Since both the names on the marriage certificate are different from the applicant (you) and the beneficiary (your wife), USCIS should be able to deduce that it's a mistake.
Thanks,
Jayant
Thanks,
Jayant
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hopelessGC
04-28 11:44 AM
Very similar issue happened with my relative just a couple of months ago.
Her I-140 was denied and H1-B expired in January 2009. There was nothing she could do. The company refused to extend H1-B based on the old labor and applied for a new labor instead. The issue with her I-140 was an incorrectly filed labor under EB2 instead of EB3.
Now she quickly moved to B1 (Visitor visa) on the suggestion of her lawyer to maintain status.
Since you have the option of renewing your H1-B, that is probably the best thing to do. Good luck to you :)
Her I-140 was denied and H1-B expired in January 2009. There was nothing she could do. The company refused to extend H1-B based on the old labor and applied for a new labor instead. The issue with her I-140 was an incorrectly filed labor under EB2 instead of EB3.
Now she quickly moved to B1 (Visitor visa) on the suggestion of her lawyer to maintain status.
Since you have the option of renewing your H1-B, that is probably the best thing to do. Good luck to you :)
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FinalGC
09-16 11:55 AM
I am not sure if there is a law that requires us to stay with the GC employer after getting GC. However, many lawyers have suggested a general rule of thumb of at least 6 months after getting GC approval.
However, the rule that can be invoked to prove you have stayed with the GC sponsoring company could be the 245(i) which requires a 180 days after filing 485 application, which I believe many of us must have already abided by.....
However, the rule that can be invoked to prove you have stayed with the GC sponsoring company could be the 245(i) which requires a 180 days after filing 485 application, which I believe many of us must have already abided by.....
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yagw
12-07 08:06 AM
My wife's EAD expires later this month. She doesn't intend to work; so does she need to renew her EAD? She doesn't have another status like h1 or h4. Will she be out of status when the EAD expires?
The bigger question is that I got my GC a few months ago; but she hasn't got hers. We had an interview at the local office; the officer said he's recommended approval of the 485 and we should get it soon. This happened 2 months ago and still we don't see the 485 approval. The officer also mentioned we could go to the local office any time and get a GC stamp in the passport. Is this true? Can we just take an infopass and get the stamp right away? Do they do that? I called the call center but they just say it's pending and they won't give me any information.
really appreciate your advice...
srini
For the status question, your wife doesn't need EAD. Pending I-485 or AOS is a valid status to stay in the US. That said, some states like CA doesn't take I-485 receipt notice as a valid document for issuing license. They asked for EAD. So if your wife needs to drive she may have to get EAD.
For your second question, I assume the PD is still current. If thats the case, I would suggest taking infopass and find out the status. If you didn't get any satisfactory info, contact your senator/congressperson , ombudsman, open an SR etc. Don't sit idle waiting for USCIS to act.
The bigger question is that I got my GC a few months ago; but she hasn't got hers. We had an interview at the local office; the officer said he's recommended approval of the 485 and we should get it soon. This happened 2 months ago and still we don't see the 485 approval. The officer also mentioned we could go to the local office any time and get a GC stamp in the passport. Is this true? Can we just take an infopass and get the stamp right away? Do they do that? I called the call center but they just say it's pending and they won't give me any information.
really appreciate your advice...
srini
For the status question, your wife doesn't need EAD. Pending I-485 or AOS is a valid status to stay in the US. That said, some states like CA doesn't take I-485 receipt notice as a valid document for issuing license. They asked for EAD. So if your wife needs to drive she may have to get EAD.
For your second question, I assume the PD is still current. If thats the case, I would suggest taking infopass and find out the status. If you didn't get any satisfactory info, contact your senator/congressperson , ombudsman, open an SR etc. Don't sit idle waiting for USCIS to act.
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fcres
08-08 10:11 AM
What i have heard is that the RFE for I140 are mostly for ability to pay and for educational qualifications.
yagw
12-08 02:10 AM
I wish I had applied for the EAD. I'm not sure what to do about the DL (we're indeed in CA). I'll try with the DMV and see if they'll renew without the EAD.
thanks!
srini
Good luck. Let me know if you are able to get the DL without EAD.
thanks!
srini
Good luck. Let me know if you are able to get the DL without EAD.
pointlesswait
01-05 04:21 PM
i woudl think the actual number porting is miniscule...
but what i dont understand is why is USCIS hiding the data..why cant they reveal the exact number of application... and at what stage they?
Even an annual release would be very helpful...:confused:
It may be a common thing - swaying away from EB3 to Eb2 for earlier PD holders and there by choking up some EB2 space but shouldn't that cause loosening ( i'm not talking substantial ) in EB3 Priority Date ?
I mean EB3 India Priority Dates seems to have a Coma and that always hover around Aug/Oct 2001 - for last few years its like , it moves like some months and then scrolls down.
but what i dont understand is why is USCIS hiding the data..why cant they reveal the exact number of application... and at what stage they?
Even an annual release would be very helpful...:confused:
It may be a common thing - swaying away from EB3 to Eb2 for earlier PD holders and there by choking up some EB2 space but shouldn't that cause loosening ( i'm not talking substantial ) in EB3 Priority Date ?
I mean EB3 India Priority Dates seems to have a Coma and that always hover around Aug/Oct 2001 - for last few years its like , it moves like some months and then scrolls down.
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