rahul2699
05-19 12:18 PM
Ok thanks, is this a full 12 months with entry to the US, as I have been travelling into the US on the odd weekend for personal trips. Not sure if that would impact on the 12 month time period or not.
it is believed to be 12 months outside US which can be interpreted as 12 months with no trips to US however please check with an immigration attorney. It seems like you may need a quick session to get clarification
it is believed to be 12 months outside US which can be interpreted as 12 months with no trips to US however please check with an immigration attorney. It seems like you may need a quick session to get clarification
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desi3933
07-08 11:08 AM
While on AoS, are we classified as US Resident - as long as we pass the IRS resident test of presence in US.
Thank You and best wishes
While AoS is pending, the status is Temp US Resident. This is same on H1/L1/H4/L2.
This is nothing to do with status for tax filing. Example: one staying at B1 status for 183+ days will be classified as US resident just for tax filing (if he has income such as share income), for all other purposes he is still a visitor.
.
Thank You and best wishes
While AoS is pending, the status is Temp US Resident. This is same on H1/L1/H4/L2.
This is nothing to do with status for tax filing. Example: one staying at B1 status for 183+ days will be classified as US resident just for tax filing (if he has income such as share income), for all other purposes he is still a visitor.
.
gparr
March 3rd, 2004, 08:12 PM
Fred, you're killing me! That comedy routine is getting really good! ;)
I like the every-angle view. Reminds me of a kaleidoscope. How did you get the camera to put that many images on one frame? I doubt even the MKII will be that fast. ;)
I like the every-angle view. Reminds me of a kaleidoscope. How did you get the camera to put that many images on one frame? I doubt even the MKII will be that fast. ;)
2011 By Maya | Published November
485Mbe4001
11-18 07:28 PM
I would suggest trying for EB2 if possible. Due to the recent change in the visa allocation from vertical to horizontal most of the countries in EB 3 will be affected and movement will be slow. I dont know the number of applicants from Russia but dont expect any additional visa due to spillover. We have an applicant from Russia in our company, he applied in Eb2 and received his GC in 2 and a half years. Most of the EB3s are still rotting waiting for 4-6yrs.
I have H1 visa and my company started processing my GG. They published some ads, and in August applied for the LC. It turned out that they used EB3. They said that LC would be ready by February next year. Then it will take 4 years minimum for other steps. I was very surprised that I was EB3 but not EB2.
I have couple of questions:
1. How long does it take if to process it using EB3... 4 years, 5 years?
2. How long does it take if to process it using EB2? I am from Russia.
3. Is it possible to switch to EB2 somehow?
4. If I apply one more time now using Eb2, would it be faster? I will lose time for LC processing.
5. At what step of GC processing can I change a compamy that I work for?
Thank you
Michael
I have H1 visa and my company started processing my GG. They published some ads, and in August applied for the LC. It turned out that they used EB3. They said that LC would be ready by February next year. Then it will take 4 years minimum for other steps. I was very surprised that I was EB3 but not EB2.
I have couple of questions:
1. How long does it take if to process it using EB3... 4 years, 5 years?
2. How long does it take if to process it using EB2? I am from Russia.
3. Is it possible to switch to EB2 somehow?
4. If I apply one more time now using Eb2, would it be faster? I will lose time for LC processing.
5. At what step of GC processing can I change a compamy that I work for?
Thank you
Michael
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lazycis
01-15 03:00 PM
Thank you; my reading of the law is also the same. However, a few of years ago (post-2001) both inside and outside counsel hired by my company came to a different conclusion. Hence, my parsing of the words.
Yeah, that's the beauty of being a lawyer, you can interpret the same thing differently, get your money and do not bear any responsibility :)
Yeah, that's the beauty of being a lawyer, you can interpret the same thing differently, get your money and do not bear any responsibility :)
ramus
05-30 09:00 PM
Bostn_gc, please help us..
While other members helping you can you also help IV and send some web-faxes..
Thanks.
While other members helping you can you also help IV and send some web-faxes..
Thanks.
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GCNeophyte
09-17 02:11 PM
one more question... if I reenter using my AP then IO always take you to some place/room to verify something or its sometimes/randomly only? I just realize that my connection time while coming back from one airport(POE) to another is just 2 hours.
I can tell you right now that 2 hrs is not enough time for your connection flight and it is NOT RANDOM.its for all AP holders
I can tell you right now that 2 hrs is not enough time for your connection flight and it is NOT RANDOM.its for all AP holders
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sdeshpan
07-22 02:53 PM
If the I-140 has been approved, you are entitled to use the PD on any subsequent I-140 unless it is revoked based on fraud or misrepresentation.
Hello Ann - Is that the case even if the new job has a slightly different job profile than the first one that you have an approved I-140 for? Is there anything specific to keep in mind in terms of same/similar job classification?
Thanks!
Hello Ann - Is that the case even if the new job has a slightly different job profile than the first one that you have an approved I-140 for? Is there anything specific to keep in mind in terms of same/similar job classification?
Thanks!
more...
sri1309
02-11 07:48 PM
Guys,
I just wanted to see if I can make a point with my thread and hence gather some support for the common cause,. ease the pain for EB2/EB3 guys.
I started this thread a month back. So how many of you, or those you know, lost their jobs in the last one month. Just a study. And wanted to press on the same point as the 1st post I did.
If you had lost a job, would you do more now to high light our problems..and participate more.. ??
I just wanted to see if I can make a point with my thread and hence gather some support for the common cause,. ease the pain for EB2/EB3 guys.
I started this thread a month back. So how many of you, or those you know, lost their jobs in the last one month. Just a study. And wanted to press on the same point as the 1st post I did.
If you had lost a job, would you do more now to high light our problems..and participate more.. ??
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NELLAIKUMAR
02-17 11:50 AM
Nayekal, Thanks for your response.
What I meant to say is that my H1 is expiring on Sep 30th 2009 and therefore the earliest date I can apply for extension is April 1st. That's why I asked the question whether I can wait until April 1st for COS from H1 to H4 for my wife even though my wife's employment is ending on March 13th.
Also, is it necessary to have the proof of I-539 receipt by March 13th or few weeks difference is ok? Can you please let me know your experience in this matter.
Thanks...
What I meant to say is that my H1 is expiring on Sep 30th 2009 and therefore the earliest date I can apply for extension is April 1st. That's why I asked the question whether I can wait until April 1st for COS from H1 to H4 for my wife even though my wife's employment is ending on March 13th.
Also, is it necessary to have the proof of I-539 receipt by March 13th or few weeks difference is ok? Can you please let me know your experience in this matter.
Thanks...
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GCisLottery
05-25 08:17 AM
It was not clear how this amendment affects, so I did some reading myself and found how it quietly does it. And adds a little incentive i.e. the total number may not exceed 650,000. In other words, alloting 200,000 for dependants(650,000 total - 450,000 primary)
I get a feeling that this might pass if it is presented on the floor smartly to kindle some number/cost sentiment.
Notwithstanding any other provisions of this act the language in Title V Sec. 501 under the heading ``
(2) VISAS FOR SPOUSES AND CHILDREN'' is null and void and the following shall be applicable
in lien thereof.
``(2) VISAS FOR SPOUSES AND CHILDREN.--
``(A) IN GENERAL.--Except as provided in subparagraph (B), immigrant visas issued on or after
October 1, 2004, to spouses and children of employment-based immigrants shall not be counted against
the numerical limitation set forth in paragraph (1).
``(B) NUMERICAL LIMITATION.--The total number of visas issued under paragraph (1)(A) and
paragraph (2), excluding such visas issued to aliens pursuant to section 245B or section 245C of the
Immigration and Nationality Act, may not exceed 650,000 during any fiscal year.
-----------
INA 245B(Employment based) 245C(Family based) (http://www.uscis.gov/lpBin/lpext.dll/inserts/slb/slb-1/slb-20/slb-7169?f=templates&fn=document-frame.htm#slb-act245)
245B:
(b) Upon the approval of an application for adjustment made under subsection (a), the Attorney General shall record the alien's lawful admission for permanent residence as of the date the order of the Attorney General approving the application for the adjustment of status is made, and the Secretary of State shall reduce by one the number of the preference visas authorized to be issued under sections 202 and 203 within the class to which the alien is chargeable for the fiscal year then current.
I get a feeling that this might pass if it is presented on the floor smartly to kindle some number/cost sentiment.
Notwithstanding any other provisions of this act the language in Title V Sec. 501 under the heading ``
(2) VISAS FOR SPOUSES AND CHILDREN'' is null and void and the following shall be applicable
in lien thereof.
``(2) VISAS FOR SPOUSES AND CHILDREN.--
``(A) IN GENERAL.--Except as provided in subparagraph (B), immigrant visas issued on or after
October 1, 2004, to spouses and children of employment-based immigrants shall not be counted against
the numerical limitation set forth in paragraph (1).
``(B) NUMERICAL LIMITATION.--The total number of visas issued under paragraph (1)(A) and
paragraph (2), excluding such visas issued to aliens pursuant to section 245B or section 245C of the
Immigration and Nationality Act, may not exceed 650,000 during any fiscal year.
-----------
INA 245B(Employment based) 245C(Family based) (http://www.uscis.gov/lpBin/lpext.dll/inserts/slb/slb-1/slb-20/slb-7169?f=templates&fn=document-frame.htm#slb-act245)
245B:
(b) Upon the approval of an application for adjustment made under subsection (a), the Attorney General shall record the alien's lawful admission for permanent residence as of the date the order of the Attorney General approving the application for the adjustment of status is made, and the Secretary of State shall reduce by one the number of the preference visas authorized to be issued under sections 202 and 203 within the class to which the alien is chargeable for the fiscal year then current.
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gaz
02-04 01:11 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.
I'm not an attorney - so please treat this as my opinion, and not a definitive statement of fact. Based on my personal experience in India, the one year ticket should be fine - you can always postpone the date of the ticket whenever needed (some airlines charge a fee for it). The proof of return is more like an intent to return.
As for the I129 - my lawyer added no such stamps or certification.
Please do check with your lawyer also. Also, try calling the US consulate.
Good luck.
I'm not an attorney - so please treat this as my opinion, and not a definitive statement of fact. Based on my personal experience in India, the one year ticket should be fine - you can always postpone the date of the ticket whenever needed (some airlines charge a fee for it). The proof of return is more like an intent to return.
As for the I129 - my lawyer added no such stamps or certification.
Please do check with your lawyer also. Also, try calling the US consulate.
Good luck.
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LC2002
07-10 12:11 PM
I mailed my EAD renewal (Paper filing) with priority mail on 06/23/08 and was received at TSC on 06/26/08 but check has not been en-cashed yet and obviously no receipt. Any body in similar situation? Wanted to know how long it should take get receipt.
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waiting4gc
07-17 08:31 PM
I think if there is one bouquet from iv core sent to her that should be good enough. We are not trying to draw undue attention to her office by filling it with flowers:)
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pmlboy
05-01 04:16 PM
I got a similar RFE, except I have been asked to provide government documentation stating why mother's name is absent in birth certificate. Can anybody help on what type of government document can I obtain? Getting a new BC won't be possible, as my parents are currently in the US, and would return after the RFE response deadline. Can I get a court order regarding this effect? Any template would help.
Thanks.
EB-2 India
AOS filed July 2007
PD April 2007
Currently on H1-B (renewed till 2011)
Thanks.
EB-2 India
AOS filed July 2007
PD April 2007
Currently on H1-B (renewed till 2011)
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arunmohan
12-17 01:01 AM
My first FP was done in July 2007. I have not yet received second FP notice. Normally USCIS sends second FP notice after 15 months. Is someone else like me?
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girishvar
08-15 12:14 PM
Non-compete is based on a state law. Consult a Virginia employment attorney. Generally non-compete doesn't have teeth, because every one has got a right to work and practice your profession/make living.
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GCapplicant
07-14 11:13 AM
Yes Why isnt korea facing any retrogressions like us...Sounds like real partiality.
China is comparitively less than Korea and they face retrogression...unable to judge this partiality.
China is comparitively less than Korea and they face retrogression...unable to judge this partiality.
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johnnymore
03-18 03:59 PM
I'm a US-born citizen and my dear friend (now my wife) came to US from Thailand on R1/R2 Multiple Entry Visitor Visa for pleasure and to travel around with me to see the US. Though not intending to, we ultimately married while she was here on her visitor visa. See chronology below. We need to file the right forms. Please help me as this is a daunting task. If I can get some questions answered, then it will clear the clouded skies!
We both will be in the US during this process.
Me > :confused:
My Wife > :(
Here is our current situation:
1. I've been back and forth to Thailand for better part of three years for tsunami relief.
2. Met my wife doing relief work.
3. She applied for visitor visa at US Embassy in Bangkok March 2007.
4. Came first time to US May 2007
5. Married in California in July 2007 (had not intended to, but we fell in love!)
6. Returned to Thailand Sept 2007
7. Returned to US (together) Dec 2007 and are here now (March 2008)
8. Have filled out forms:
I-130 Petition for Alien Relative
I-485 Permanent Res/Adjust Status
I-325A Bio for each of us
I-134 Affidavit of Support
I-765 Employment Authorization Note: is eligibility req (c)(9) correct on line 16?
I feel there are no unusual circumstances about us. We are just normal people and don't fall under any asylum, Cuban or otherwise situations. I need to know about filing what forms and which ones together. Also, which ones will require certain documentation and when should they be included. We will likely file the 130/485/325/765 concurrently. What else should we file and what do I not need to file that I've listed?
Please get me going on this and then I can stop pulling my hair out.
I discoverd this forum today and am so happy I've found it! :D
We both will be in the US during this process.
Me > :confused:
My Wife > :(
Here is our current situation:
1. I've been back and forth to Thailand for better part of three years for tsunami relief.
2. Met my wife doing relief work.
3. She applied for visitor visa at US Embassy in Bangkok March 2007.
4. Came first time to US May 2007
5. Married in California in July 2007 (had not intended to, but we fell in love!)
6. Returned to Thailand Sept 2007
7. Returned to US (together) Dec 2007 and are here now (March 2008)
8. Have filled out forms:
I-130 Petition for Alien Relative
I-485 Permanent Res/Adjust Status
I-325A Bio for each of us
I-134 Affidavit of Support
I-765 Employment Authorization Note: is eligibility req (c)(9) correct on line 16?
I feel there are no unusual circumstances about us. We are just normal people and don't fall under any asylum, Cuban or otherwise situations. I need to know about filing what forms and which ones together. Also, which ones will require certain documentation and when should they be included. We will likely file the 130/485/325/765 concurrently. What else should we file and what do I not need to file that I've listed?
Please get me going on this and then I can stop pulling my hair out.
I discoverd this forum today and am so happy I've found it! :D
salthepal
10-29 04:53 PM
No point worrying over past. Go ahed and file a AR11 ASAP to make sure from now on USCIS has your updated address. In case in future this becomes an issue then contact a lawyer and try to resolve it.
I am in the same situation. I moved twice. Should I file 2 Ar-11's now? or only one? If only one, should I put my previous address as the one that I didn't file an Ar-11 for?
I am in the same situation. I moved twice. Should I file 2 Ar-11's now? or only one? If only one, should I put my previous address as the one that I didn't file an Ar-11 for?
damialok
04-10 01:05 PM
I work and live in CA. My employer is also in CA and we are July 2nd filers. Our 485 got transferred to TSC and then we received this letter stating that TSC has completed the initial processing and transferred it to the local office in Lincoln,NE. It also mentioned that they might schedule an interview if needed. This was about 4 months back and nothing again after that.
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