alkg
09-24 03:43 PM
don't worry be happy
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Leo07
07-21 10:02 AM
Taking the emotional quotient and any other 'angles' out of the issue. Fragomen is correct and so is your manager.
If it comes to that, it's not worth the risk for you, your manager and your company to do anything other than what's suggested by your attorney.(Fragomen)
Normally my wife is the one who is used to post or follow up on the latest here.
This came up a week ago. I have been working from home in a different state and we do not have any company office near my home. Nearest office location is about 3 hours. I had to move this far away due to personal reasons.
Now after working from home for 3 years (extending EAD, H1Bs etc) Fragomen (most of you know who they are) says I cannot do work from home anymore due to this conflict with uscis. it seems USCIS doesnt recognize your home as a Govt recognized work location. Hence I cannot work from home.
Now my manager wants me to only work from the office since folks reporting to me are also in that state. Now he is using Fragomen and HR emails as a reason for me to move back.
Anythoughts ? I am sure you all will agree that is the law. but why all this now ? even after working for 12 years.
One other point the fragomen lawyer said is - this is going to be the case for all thier clients.
If it comes to that, it's not worth the risk for you, your manager and your company to do anything other than what's suggested by your attorney.(Fragomen)
Normally my wife is the one who is used to post or follow up on the latest here.
This came up a week ago. I have been working from home in a different state and we do not have any company office near my home. Nearest office location is about 3 hours. I had to move this far away due to personal reasons.
Now after working from home for 3 years (extending EAD, H1Bs etc) Fragomen (most of you know who they are) says I cannot do work from home anymore due to this conflict with uscis. it seems USCIS doesnt recognize your home as a Govt recognized work location. Hence I cannot work from home.
Now my manager wants me to only work from the office since folks reporting to me are also in that state. Now he is using Fragomen and HR emails as a reason for me to move back.
Anythoughts ? I am sure you all will agree that is the law. but why all this now ? even after working for 12 years.
One other point the fragomen lawyer said is - this is going to be the case for all thier clients.
aadimanav
12-28 02:06 PM
NSC Dec 2007 Processing Times says:
https://egov.uscis.gov/cris/jsps/Processtimes.jsp?SeviceCenter=NSC
"..The processing times shown below are for applications that have just been completed..."
In the table it mentions "April 24, 2007" as the date for EB based 485 adjustment applications.
Just for one sec assume that above date is right. What does "processing completion" of your 485 means? Does that mean your case is pre-adjudicated and waiting for the visa number and you won't get any RFE?
Also, when they are mentioning "April 24, 2007" date , are they ignoring the applicants who are stuck in namecheck process for years? If a person has filed 485 in 2005 or 2006 but stuck in namecheck, how come 485 is completed?
https://egov.uscis.gov/cris/jsps/Processtimes.jsp?SeviceCenter=NSC
"..The processing times shown below are for applications that have just been completed..."
In the table it mentions "April 24, 2007" as the date for EB based 485 adjustment applications.
Just for one sec assume that above date is right. What does "processing completion" of your 485 means? Does that mean your case is pre-adjudicated and waiting for the visa number and you won't get any RFE?
Also, when they are mentioning "April 24, 2007" date , are they ignoring the applicants who are stuck in namecheck process for years? If a person has filed 485 in 2005 or 2006 but stuck in namecheck, how come 485 is completed?
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kaisersose
05-29 07:39 PM
I have a early 2004 Priority date (EB3 India) and asked my attorney if it is wise to reapply in Eb2 as it is current in that date, and she says she believes my Eb3 PD to get current by july. Folks, what do you think ?
No one really knows. That means there is a 50% chance she may be right.
However, it is generally accepted that it is wise to apply for 485 without delay as soon as the PD is current without waiting for I-140 approvals as these dates can retrogress again.
Many people with PD current are hesitating to apply for 485 as they want to wait for I140 approval to save 485 fees. This is very wrong and in case the dates retrogress again (there is a good chance), you will actually end up losing several thousands of dollars because you tried to save one thousand dollars.
Look at the big picture and do not get into the money saving mode now. If you lawyer asks you to wait, get a second opinion from a reputed lawyer.
No one really knows. That means there is a 50% chance she may be right.
However, it is generally accepted that it is wise to apply for 485 without delay as soon as the PD is current without waiting for I-140 approvals as these dates can retrogress again.
Many people with PD current are hesitating to apply for 485 as they want to wait for I140 approval to save 485 fees. This is very wrong and in case the dates retrogress again (there is a good chance), you will actually end up losing several thousands of dollars because you tried to save one thousand dollars.
Look at the big picture and do not get into the money saving mode now. If you lawyer asks you to wait, get a second opinion from a reputed lawyer.
more...
mnq1979
09-21 07:38 AM
Hi Guys,
I am in tough spot. I was laid off from my GC sponsoring employer (A) in 2008 and joined another employer B . I did not do a AC21 notification. My dates are current and now I received an RFE to provide employment letter from current employer. The exact words of RFE are as follows:
"Submit a letter of employment attesting to applicant's current employment. This letter should be written on the company's official letterhead, citing the date the applicant began working, if a permanent full time position, the position offered, the position the applicant is currently working and the salary offered. Include corroborating evidence such as recent pay stubs, income tax returns, with all W2s or other evidence as appropriate. "
Now I am not working for original GC employer. I don't have a problem providing above from my current employer B. But whether the EVL should also mention that I am not working for GC sponsoring employer and that my current employers job profile is in same classification as previous based on AC21. Do I mention about the AC21 also in the letter? My current employer's attorneys are not that great but my current employer only wants me to use their own attorney.
Now here is the situation:
I have a job offer from another employer (Employer C) and they are in the middle of doing a H-1 transfer. In fact by tomorrow they will file the H1 paperwork. Now I don't know whether I should provide the letter from my potential new employer C . In that case, I won't be able to provide W2 or pay stubs until I join them. I have an opportunity to use my own attorney here (like murthy, Ron Gothcer..)
OR
should I provide a letter from my current employer using their attorneys and whether or not I should mention about AC21 in the employment letter.
Thanks.
I am sorry i cannot answer ur question because i m not an expert in this broken immigration process but i have a question.
Can you tell if this is ur 1st RFE on I485 or did u receive any prior RFE's also?
Did ur wife also applied for the I485 with you or u applied alone?
thanks
I am in tough spot. I was laid off from my GC sponsoring employer (A) in 2008 and joined another employer B . I did not do a AC21 notification. My dates are current and now I received an RFE to provide employment letter from current employer. The exact words of RFE are as follows:
"Submit a letter of employment attesting to applicant's current employment. This letter should be written on the company's official letterhead, citing the date the applicant began working, if a permanent full time position, the position offered, the position the applicant is currently working and the salary offered. Include corroborating evidence such as recent pay stubs, income tax returns, with all W2s or other evidence as appropriate. "
Now I am not working for original GC employer. I don't have a problem providing above from my current employer B. But whether the EVL should also mention that I am not working for GC sponsoring employer and that my current employers job profile is in same classification as previous based on AC21. Do I mention about the AC21 also in the letter? My current employer's attorneys are not that great but my current employer only wants me to use their own attorney.
Now here is the situation:
I have a job offer from another employer (Employer C) and they are in the middle of doing a H-1 transfer. In fact by tomorrow they will file the H1 paperwork. Now I don't know whether I should provide the letter from my potential new employer C . In that case, I won't be able to provide W2 or pay stubs until I join them. I have an opportunity to use my own attorney here (like murthy, Ron Gothcer..)
OR
should I provide a letter from my current employer using their attorneys and whether or not I should mention about AC21 in the employment letter.
Thanks.
I am sorry i cannot answer ur question because i m not an expert in this broken immigration process but i have a question.
Can you tell if this is ur 1st RFE on I485 or did u receive any prior RFE's also?
Did ur wife also applied for the I485 with you or u applied alone?
thanks
amsgc
06-16 01:22 AM
http://www.murthy.com/chatlogs/ch051407_P.html
Chat User : My husband is on H1B and is about to file for his I-485.
I am currently on an F-1 visa. Do I have to convert to H-4 to file for I-485
with my husband, or can I file while being on F-1? Please advise.
Attorney Murthy : A person can file the I-485 while still in F-1 status, but unlike the H1B/H-4 or L-1/L-2 which are dual intent, the F-1 is a pure nonimmigrant status. This means that, upon the I-485 filing, one is no longer considered to be in F-1 status, but converts to an adjustment applicant, eligible for the EAD and AP, etc.
Chat User : My husband is on H1B and is about to file for his I-485.
I am currently on an F-1 visa. Do I have to convert to H-4 to file for I-485
with my husband, or can I file while being on F-1? Please advise.
Attorney Murthy : A person can file the I-485 while still in F-1 status, but unlike the H1B/H-4 or L-1/L-2 which are dual intent, the F-1 is a pure nonimmigrant status. This means that, upon the I-485 filing, one is no longer considered to be in F-1 status, but converts to an adjustment applicant, eligible for the EAD and AP, etc.
more...
nogc_noproblem
08-06 12:52 PM
CONGRATS!!!
Received an email from CRIS stating that Notice mailed welcoming the new permanent resident. Those who are tracking approval, check out IV profile/tracker.
Received an email from CRIS stating that Notice mailed welcoming the new permanent resident. Those who are tracking approval, check out IV profile/tracker.
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atul555
07-30 08:15 PM
It will progress all the way to 2002 Nov - Dec by Oct visa bulletin and keep progressing to 2003 or 2004 beginning by end of fiscal year 2010. The basis of this calculation is part visa number usage analysis, and part hope :) let's see how it pans out.
more...
radosav
10-04 01:47 PM
I-485 RD July 27 at Texas
I-140 AD May 25, 06 at Texas, LUD on I-140 July 28, 07
all checks (for I-485 & I-765) cashed Oct 3, 07 at California
Both I-485 cases transfered back to Texas on Oct 2, 07
I-765 shows received date as Oct 1, 07 and will stay at California. Does that mean I need to count 11 weeks from that date? And not from the date when packet was received in July?
I-140 AD May 25, 06 at Texas, LUD on I-140 July 28, 07
all checks (for I-485 & I-765) cashed Oct 3, 07 at California
Both I-485 cases transfered back to Texas on Oct 2, 07
I-765 shows received date as Oct 1, 07 and will stay at California. Does that mean I need to count 11 weeks from that date? And not from the date when packet was received in July?
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raysaikat
05-04 12:30 PM
Is there any way to link buying house and green card?
I know EB5 is to invest $500,000 to get a green card.
How about to invest $500,000 buying a house in US and get a green card? Say 100,000 green card for that, that would help the current US economy a lot.
I thought that that $500,000 (actually $1M unless the investment is in underprivileged areas) has to be personal funds, not loans. I do not think that there are many with personal funds close to that. Most people buy home with loans.
I know EB5 is to invest $500,000 to get a green card.
How about to invest $500,000 buying a house in US and get a green card? Say 100,000 green card for that, that would help the current US economy a lot.
I thought that that $500,000 (actually $1M unless the investment is in underprivileged areas) has to be personal funds, not loans. I do not think that there are many with personal funds close to that. Most people buy home with loans.
more...
lazycis
12-21 01:31 PM
Here is a shortened version:
1151
d) Worldwide level of employment-based immigrants
(1) The worldwide level of employment-based immigrants under this subsection for a fiscal year is equal to—
(A) 140,000, plus
(B) the number computed under paragraph (2). (i.e. unused family-based visas from the previous year)
1153
(b) Preference allocation for employment-based immigrants
Aliens subject to the worldwide level specified in section 1151 (d) of this title for employment-based immigrants in a fiscal year shall be allotted visas as follows:
(EB-1) Priority workers
Visas shall first be made available in a number not to exceed 28.6 percent of such worldwide level, plus any visas not required for the classes specified in paragraphs (4) and (5)
(EB-2) Aliens who are members of the professions holding advanced degrees or aliens of exceptional ability
(A) In general
Visas shall be made available, in a number not to exceed 28.6 percent of such worldwide level, plus any visas not required for the classes specified in paragraph (1), to qualified immigrants who are members of the professions holding advanced degrees or their equivalent or who because of their exceptional ability in the sciences, arts, or business, will substantially benefit prospectively the national economy, cultural or educational interests, or welfare of the United States, and whose services in the sciences, arts, professions, or business are sought by an employer in the United States.
(EB-3) Skilled workers, professionals, and other workers
(A) In general
Visas shall be made available, in a number not to exceed 28.6 percent of such worldwide level, plus any visas not required for the classes specified in paragraphs (1) and (2), to the following classes of aliens who are not described in paragraph (2):
(4) Certain special immigrants
Visas shall be made available, in a number not to exceed 7.1 percent of such worldwide level, to qualified special immigrants described in section 1101 (a)(27) of this title (other than those described in subparagraph (A) or (B) thereof), of which not more than 5,000 may be made available in any fiscal year to special immigrants described in subclause (II) or (III) of section 1101 (a)(27)(C)(ii) of this title, and not more than 100 may be made available in any fiscal year to special immigrants, excluding spouses and children, who are described in section 1101 (a)(27)(M) of this title.
(5) Employment creation
(A) In general
Visas shall be made available, in a number not to exceed 7.1 percent of such worldwide level, to qualified immigrants seeking to enter the United States for the purpose of engaging in a new commercial enterprise (including a limited partnership)—
i.e. for each country EB1 gets (140,000 + number of unused FB visas from the previous year) * 0.07 * 0.286 = 2802 + something insignificant, same for EB2 and EB3.
If there are unused visas, they go from EB1 to EB2 to EB3, but they are lost at the end of the fiscal year. Unused visas from 4th and 5th category can be added to that number as well (usually in the 4th quarter of the fiscal year). Please note that at the end of the fiscal year per country limits may be lifted if there are unused visas left.
1151
d) Worldwide level of employment-based immigrants
(1) The worldwide level of employment-based immigrants under this subsection for a fiscal year is equal to—
(A) 140,000, plus
(B) the number computed under paragraph (2). (i.e. unused family-based visas from the previous year)
1153
(b) Preference allocation for employment-based immigrants
Aliens subject to the worldwide level specified in section 1151 (d) of this title for employment-based immigrants in a fiscal year shall be allotted visas as follows:
(EB-1) Priority workers
Visas shall first be made available in a number not to exceed 28.6 percent of such worldwide level, plus any visas not required for the classes specified in paragraphs (4) and (5)
(EB-2) Aliens who are members of the professions holding advanced degrees or aliens of exceptional ability
(A) In general
Visas shall be made available, in a number not to exceed 28.6 percent of such worldwide level, plus any visas not required for the classes specified in paragraph (1), to qualified immigrants who are members of the professions holding advanced degrees or their equivalent or who because of their exceptional ability in the sciences, arts, or business, will substantially benefit prospectively the national economy, cultural or educational interests, or welfare of the United States, and whose services in the sciences, arts, professions, or business are sought by an employer in the United States.
(EB-3) Skilled workers, professionals, and other workers
(A) In general
Visas shall be made available, in a number not to exceed 28.6 percent of such worldwide level, plus any visas not required for the classes specified in paragraphs (1) and (2), to the following classes of aliens who are not described in paragraph (2):
(4) Certain special immigrants
Visas shall be made available, in a number not to exceed 7.1 percent of such worldwide level, to qualified special immigrants described in section 1101 (a)(27) of this title (other than those described in subparagraph (A) or (B) thereof), of which not more than 5,000 may be made available in any fiscal year to special immigrants described in subclause (II) or (III) of section 1101 (a)(27)(C)(ii) of this title, and not more than 100 may be made available in any fiscal year to special immigrants, excluding spouses and children, who are described in section 1101 (a)(27)(M) of this title.
(5) Employment creation
(A) In general
Visas shall be made available, in a number not to exceed 7.1 percent of such worldwide level, to qualified immigrants seeking to enter the United States for the purpose of engaging in a new commercial enterprise (including a limited partnership)—
i.e. for each country EB1 gets (140,000 + number of unused FB visas from the previous year) * 0.07 * 0.286 = 2802 + something insignificant, same for EB2 and EB3.
If there are unused visas, they go from EB1 to EB2 to EB3, but they are lost at the end of the fiscal year. Unused visas from 4th and 5th category can be added to that number as well (usually in the 4th quarter of the fiscal year). Please note that at the end of the fiscal year per country limits may be lifted if there are unused visas left.
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gulute
10-02 02:39 PM
Did you use an approved labor?
the RFE was on Ability to Pay
the RFE was on Ability to Pay
more...
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himu73
04-09 04:33 PM
Himu, I have been following IV for months now and have been doing my small part lately. I wanted to post this because like you I also want other readers to be aware of what other people think of Senior Members. I don�t share your sentiments where you say Senior Members have heckled people (I am also a Junior Member). In fact they have been more then helping.
Now, let�s talk about the point you have raised. Tell me, which part of janakp's post you found heckling or offensive? To me he is giving the obvious answer, which anyone following the forums should have known already. We can do this, we can do that and of course everything that we can come up with but for everything we need VITAMIN M (DOLLARS).
My friend you must be aware that we are short of it (as you seem to be an avid follower of IV). As far as I understand we barely have the money for lobbying. So, I ask you what would be your response to any idea, which needs money to be fulfilled?
Just want to make sure over here .You think janakp telling nath.exists to start contributing (if he is not already doing so) to achieve our common goals is heckling Check for yourself (http://dictionary.reference.com/browse/heckling)?
.............................................
$60 + $20 (recurring contribution)
I understand your point. Only thing i wanted to suggest is that we should give response related to the question. Contribution is an integral part of what we need to do. People who are here understand that whether they are contributing or not.
Now, let�s talk about the point you have raised. Tell me, which part of janakp's post you found heckling or offensive? To me he is giving the obvious answer, which anyone following the forums should have known already. We can do this, we can do that and of course everything that we can come up with but for everything we need VITAMIN M (DOLLARS).
My friend you must be aware that we are short of it (as you seem to be an avid follower of IV). As far as I understand we barely have the money for lobbying. So, I ask you what would be your response to any idea, which needs money to be fulfilled?
Just want to make sure over here .You think janakp telling nath.exists to start contributing (if he is not already doing so) to achieve our common goals is heckling Check for yourself (http://dictionary.reference.com/browse/heckling)?
.............................................
$60 + $20 (recurring contribution)
I understand your point. Only thing i wanted to suggest is that we should give response related to the question. Contribution is an integral part of what we need to do. People who are here understand that whether they are contributing or not.
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nashim
12-12 11:36 AM
What was the REF about?
As a backup you can file new EB3 PERM
As a backup you can file new EB3 PERM
more...
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ashkam
04-01 03:24 PM
Really? Nobody? Nothing? :( Please, any advice will do, I'm desperate, I don't want to leave in 2 weeks, I need some more time with my partner...
You already have the answer : It is 180 days after your I-94 expires, not the day of your arrival.
You already have the answer : It is 180 days after your I-94 expires, not the day of your arrival.
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akhilmahajan
04-13 08:35 AM
I just checked what I had filed last time and this is what I have selected (c) (09).
Also, can anyone tell me, once they e-File, does it tell you where to send the documents to?
Thanks for the help.
Also, can anyone tell me, once they e-File, does it tell you where to send the documents to?
Thanks for the help.
more...
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mnq1979
06-26 05:07 PM
If the registration date on the birth ceritificate is latest, not obtained during her birth, then you might need to back it up with secondary documents. Any of the above said documents, including 2 affidavits, should be submitted along with the bc. In any case make sure that all secondary documents includes both your parents full names. If you are using 2 affidavits as secondary documents then make sure that affiants full names and their date and place of birth information is also included. This is exactly what I did. I have submitted latest bc and backed up with 2 affidavits. This is what I learnt from my attorney. USCIS has received my response and application processing resumed and I am putting my fingers crossed:rolleyes:.
I will let u know if my status has changed. Please keep in mind that what I said all along in this thread based on my experience. Do some more research and come to your own conclusion. Good luck.
Can you please provide a template that how the affedevit should be. I mean is it possible you can provide the TEXT information of the affedevit that how it should be written.
2 affedevits mean One from Father and one from Mother right !!!!
I will let u know if my status has changed. Please keep in mind that what I said all along in this thread based on my experience. Do some more research and come to your own conclusion. Good luck.
Can you please provide a template that how the affedevit should be. I mean is it possible you can provide the TEXT information of the affedevit that how it should be written.
2 affedevits mean One from Father and one from Mother right !!!!
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sriswam
06-29 11:00 AM
Just found out from USCIS customer servicer rep that the documents should be *POSTMARKED* before july 2nd. So we can still paper-file the I-907 to upgrade I-140 to premium processing as long as we mail in the paperwork before Monday.
Cheers!
-Sriswam
Cheers!
-Sriswam
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mharik
01-06 02:11 PM
Hi ,
Can you use portability(i.e, I-140 approved and I-485 pending more than 6 months) for studies in USA, I thought its only good for changing the jobs in the same field, I dont know if we can go back to school. Does schools in USA give admission based on EAD/I-485 pending (its OK for Secondary applicant but I guess not for Primary applicant, even if its OK at the time of GC approval dont we have to show the proof that we are working in the same field , does INS accept if one is in school full-time without job.
I am sure lot of people want to go back to school to venture into new fields or learn latest skills but are hindered by the delay in GC approvals.
IS there any one went back to school full time and got GC approved . If so please enlighten us by posting a reply
Thank you
Can you use portability(i.e, I-140 approved and I-485 pending more than 6 months) for studies in USA, I thought its only good for changing the jobs in the same field, I dont know if we can go back to school. Does schools in USA give admission based on EAD/I-485 pending (its OK for Secondary applicant but I guess not for Primary applicant, even if its OK at the time of GC approval dont we have to show the proof that we are working in the same field , does INS accept if one is in school full-time without job.
I am sure lot of people want to go back to school to venture into new fields or learn latest skills but are hindered by the delay in GC approvals.
IS there any one went back to school full time and got GC approved . If so please enlighten us by posting a reply
Thank you
imm_pro
08-26 12:45 PM
Congrats man..looks like you got ur GC in a record 2.5 years..way to go
wandmaker
08-14 06:44 PM
Congrads. Did your dependent got approved I-485?
Yes, we received everything together (email, welcome notice and card).
Yes, we received everything together (email, welcome notice and card).
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