xlr8r
03-15 10:35 AM
Fill out the G-639 form and take it to a notary. Have him notarize the document when you sign it in his presence. Worked for me.
Can someone share how to get Notarized affidavity of identity.
Thanks,
Can someone share how to get Notarized affidavity of identity.
Thanks,
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Blog Feeds
10-09 12:30 PM
President Obama wins the Nobel Peace Prize. Solving seemingly intractable international problems is chief on the President's foreign policy agenda. Hopefully, solving the immigration problem will remain chief on his domestic agenda.
More... (http://blogs.ilw.com/gregsiskind/2009/10/congratulations-mr-president.html)
More... (http://blogs.ilw.com/gregsiskind/2009/10/congratulations-mr-president.html)
eb3_nepa
05-12 01:10 PM
Common guys we can survive one month if worse comes to worst. The ONLY point is will it affect our status if the employer lays us off.
2011 happy birthday wallpaper with
Macaca
08-12 06:08 PM
In fall 2003, an applicant filed a green card application, which remained pending due to FBI name checks until spring 2007. During the course of the adjudication, the applicant was fingerprinted and applied for interim benefits several times.
Although the applicant applied for most of the interim benefits in a timely manner, the filing of the last EAD was not timely, and the applicant had to end his employment. In correspondence to the Ombudsman in the winter of 2007, the applicant related that he is a cancer patient who no longer has income necessary to pay for treatments. (page 40)
A green card application filed in late spring 2003 with a service center remains pending. The applicant filed his fourth EAD in the fall of 2006. In January 2007, the applicant needed the EAD to continue employment, but had not yet received it more than 90 days after filing. As advised by USCIS, the applicant visited the USCIS field office to obtain an interim EAD. At the field office, USCIS told the applicant it no longer issues interim EADs. USCIS gave the applicant a form to request an interim EAD, which the applicant filed with the service center but received no response.28 The applicant contacted the Ombudsman in February 2007. The applicant�s green card application remains pending, while the interim EAD was approved late. (page 17)
Although the applicant applied for most of the interim benefits in a timely manner, the filing of the last EAD was not timely, and the applicant had to end his employment. In correspondence to the Ombudsman in the winter of 2007, the applicant related that he is a cancer patient who no longer has income necessary to pay for treatments. (page 40)
A green card application filed in late spring 2003 with a service center remains pending. The applicant filed his fourth EAD in the fall of 2006. In January 2007, the applicant needed the EAD to continue employment, but had not yet received it more than 90 days after filing. As advised by USCIS, the applicant visited the USCIS field office to obtain an interim EAD. At the field office, USCIS told the applicant it no longer issues interim EADs. USCIS gave the applicant a form to request an interim EAD, which the applicant filed with the service center but received no response.28 The applicant contacted the Ombudsman in February 2007. The applicant�s green card application remains pending, while the interim EAD was approved late. (page 17)
more...
claudia255
10-05 10:24 AM
That is great News! Hope they will materialize in some sort of relief for all EB immigrants.
snathan
04-02 02:15 PM
I am not sure abt Senator Grassley and others but someone in your home could answer your curiosity about my balls. lol...Take your shot man
You might need to check yourself if you have balls...before someone else have done with your family...you are not sure only about Senator Grassley or about your balls also. If so, make sure you dont have neighbour. otherwise things would go ugly for you...Take your shot now..
You might need to check yourself if you have balls...before someone else have done with your family...you are not sure only about Senator Grassley or about your balls also. If so, make sure you dont have neighbour. otherwise things would go ugly for you...Take your shot now..
more...
ags123
04-07 08:23 PM
Till 2007 that was how it was being interpretted and then suddenly DOS realised it should be by category and not by country of chargebility.
The earlier Eb1 ROW>Eb2 ROW>Eb3 ROW spillover is called vertical spillover
The current since 2008 spillover Eb1>Eb2>Eb3 regardless of country is called horizontal spillover.
However see in Horizontal spill over Eb2 India backlog takes of the numbers (14k in 2008)
In vertical spill over Eb3 India backlog takes the numbers(17k in 2007)
This is because Eb2 India or Eb3 India have older cases and spillover is given seemingly according to PD order.
So either method wont help Eb3 ROW. Its a double whammy.
The earlier Eb1 ROW>Eb2 ROW>Eb3 ROW spillover is called vertical spillover
The current since 2008 spillover Eb1>Eb2>Eb3 regardless of country is called horizontal spillover.
However see in Horizontal spill over Eb2 India backlog takes of the numbers (14k in 2008)
In vertical spill over Eb3 India backlog takes the numbers(17k in 2007)
This is because Eb2 India or Eb3 India have older cases and spillover is given seemingly according to PD order.
So either method wont help Eb3 ROW. Its a double whammy.
2010 Happy Birthday : Greetings
nc14
05-22 07:37 PM
Check the new IV Action Alert Funding Drive please.
more...
zoho
08-27 02:42 AM
my spouse is in india and her AP is going to expire in a week .
What are the option to apply for AP from while she is in india.
thanks
zoho
What are the option to apply for AP from while she is in india.
thanks
zoho
hair Happy Birthday beautiful
vinodmp
02-10 11:04 AM
Any Ball park amount I should expect as attorney fee for the MTR ? I know some one mentioned about a CA attorney who does it for $500 but since I don't have H1 as backup , incase if I need switch back to the 2nd employer it is better to keep the current attorney ( 2nd employer ) . looks like he may not come cheap . they asked whether I want to file for Adv parol and it will cost attorney fee $800 . ( I don't have a clue why asked when my I485 is in denial stage) .
I looked at the I290B form and looks not so complicated.
But in this situation I do not want to take the risk of filing myself .
Thanks
-vinod
I looked at the I290B form and looks not so complicated.
But in this situation I do not want to take the risk of filing myself .
Thanks
-vinod
more...
bugsbunny
04-21 01:57 PM
That's not correct. Such frequent reentry after exit will certainly lead to suspicion by an Immigration office at PoE. In fact the intent of 10 year visitor visa is not 10 years of permanent residence. If there is no convincing reason for such frequent reentry you are mostly likely looking at serious interrogation or deportation at the airport. There is no substitute for a GC for your parents if you want them to be with you permanently in the US. Visitor visa has a specific purpose and intent, abusing it could put your folks serious trouble. The other issue with such long term stay on Visitor Visa is - medical insurance - unfortunately there is no good, reliable and comprehensive medical insurance that covers elderly visitors on short trip.
Health insurance is not an issue these days as there are several indian firms covering it for foreign travel
Health insurance is not an issue these days as there are several indian firms covering it for foreign travel
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roseball
02-11 05:21 PM
Even if the Labor cert says "Masters" then as long as you had BS + 5 years experience before you filed for labor, to qualify for EB2, this should be ok.
This statement is not true. Minimum job qualifications should clearly mention the degree required or other alternate degree(s) with experience which would suffice. Moreover, it is a standard misconception among the community about Eb-2/Eb-3 categories being determined under Labor Certification stage. USCIS is the one which classifies applications under different categories (EB-1,2,3, etc) based on degree and/or yrs of experience, not DOL.
Labor certification determines the following: Minimum Job requirements (Education + experience required, if any), Job description/duties, Prevailing Wage. When filing I-140, if the job requirements meet a particular category and labor certification has been approved and the candidate meets the job requirements (education/experience as defined in LC), then the company can file in the appropriate EB category. Note that, even though if you have an approved LC that will qualify you for an EB-2 case, you also have an option to file for EB-3 I-140 with that LC instead of EB-2. Some companies deliberately do this to keep the beneficiaries employed with them for a longer duration.
Now coming back to the OPs case, I observe the following from the information posted so far:
- Labor was filed with a minimum requirement as Masters degree. No alternate degree requirement or equivalency was mentioned.
- USCIS mistakenly approved the I-140 (I am assuming OP does not have a US Masters and only has masters equivalent or BS + 5 yrs)
- Sponsoring employer revoked approved I-140
- USCIS checked the I-140 and realized it made a mistake in initial I-140 approval
- USCIS denied the pending I-485 based on incorrect I-140 approval
If all of the above is correct, then I doubt if anything can be done. I dont see any grounds to file MTR based on the fact that beneficiary does not have a US Masters degree which is the requirement as indicated in LC filing. I dont think you can do anything with respect to USCIS's mistake in approving I-140 earlier and now denying it. Got to wait and see what the attorney's view is in this regard.
This statement is not true. Minimum job qualifications should clearly mention the degree required or other alternate degree(s) with experience which would suffice. Moreover, it is a standard misconception among the community about Eb-2/Eb-3 categories being determined under Labor Certification stage. USCIS is the one which classifies applications under different categories (EB-1,2,3, etc) based on degree and/or yrs of experience, not DOL.
Labor certification determines the following: Minimum Job requirements (Education + experience required, if any), Job description/duties, Prevailing Wage. When filing I-140, if the job requirements meet a particular category and labor certification has been approved and the candidate meets the job requirements (education/experience as defined in LC), then the company can file in the appropriate EB category. Note that, even though if you have an approved LC that will qualify you for an EB-2 case, you also have an option to file for EB-3 I-140 with that LC instead of EB-2. Some companies deliberately do this to keep the beneficiaries employed with them for a longer duration.
Now coming back to the OPs case, I observe the following from the information posted so far:
- Labor was filed with a minimum requirement as Masters degree. No alternate degree requirement or equivalency was mentioned.
- USCIS mistakenly approved the I-140 (I am assuming OP does not have a US Masters and only has masters equivalent or BS + 5 yrs)
- Sponsoring employer revoked approved I-140
- USCIS checked the I-140 and realized it made a mistake in initial I-140 approval
- USCIS denied the pending I-485 based on incorrect I-140 approval
If all of the above is correct, then I doubt if anything can be done. I dont see any grounds to file MTR based on the fact that beneficiary does not have a US Masters degree which is the requirement as indicated in LC filing. I dont think you can do anything with respect to USCIS's mistake in approving I-140 earlier and now denying it. Got to wait and see what the attorney's view is in this regard.
more...
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funny
09-26 04:31 PM
all i can say is that your situation sounds like an illegal situation... if you are simply going to provide offer letter without actually having a job... but thats between you and your company and you may be perfectly legal and fine... check with a lawyer dude
Why do you think that my situation looks like and illegal one....I would really like to get an analysis from you/anyone on why this situation is illegal.
is it not ok to start a company on EAD?
is it not ok to start a company on your spouse name and work throug it?
Your explanations will be greatly appreciated.
Why do you think that my situation looks like and illegal one....I would really like to get an analysis from you/anyone on why this situation is illegal.
is it not ok to start a company on EAD?
is it not ok to start a company on your spouse name and work throug it?
Your explanations will be greatly appreciated.
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rameshvaid
03-15 09:44 PM
Getting expungemen t wouldnot help in his case.
For immigration purposes, his conviction stands.
Everytime when he visits consulate for a visa or enters USA at POE, he needs to indicate this on documents and provide explanation (if asked ) with relevant documents.
Yes, I do agree with you but he asked a specific question related to travelling, and his expungement will help. He need not to declare at the POE about his case but as you said he will have the side effects of this case in various other stages till he is admitted as PR.
RV
For immigration purposes, his conviction stands.
Everytime when he visits consulate for a visa or enters USA at POE, he needs to indicate this on documents and provide explanation (if asked ) with relevant documents.
Yes, I do agree with you but he asked a specific question related to travelling, and his expungement will help. He need not to declare at the POE about his case but as you said he will have the side effects of this case in various other stages till he is admitted as PR.
RV
more...
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wahwah
09-21 01:25 PM
you need to remember that you are not a us citizen and you have no rights, you're previleged to have a job here...what are you campaigning for...your rights to get more greencards? then you sound like the illegals who also campaigning for their rights to be us citizens. you can campaign till the cows come home and you aren't going to get squat. note that the illegal hispanic community has a much stronger lobby than legals and they've been working the congress for years...nothing has come out of it.
july 2nd was a mistake that uscis had to rectify....there were a lot of companies who had spent the money in preparing I-485 applications and then uscis would have to face a class action lawsuit. july 2nd will never happen again.
just sit and wait and assume that nothing will happen..? ever wonder what would have happened during the July 2nd Fiasco if we did not stand up and campaign for our cause, you think they would have done any thing? Following your principle of do nothing would have lead us no where during the July Second fiasco. THINK!
july 2nd was a mistake that uscis had to rectify....there were a lot of companies who had spent the money in preparing I-485 applications and then uscis would have to face a class action lawsuit. july 2nd will never happen again.
just sit and wait and assume that nothing will happen..? ever wonder what would have happened during the July 2nd Fiasco if we did not stand up and campaign for our cause, you think they would have done any thing? Following your principle of do nothing would have lead us no where during the July Second fiasco. THINK!
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rongha_2000
03-18 05:15 PM
Thanks for your reply.
I really dont care what my company policy says because as I look at it, it should be my decision whether to work on EAD or continue on H1-B. If they switch my work authorization without my knowledge, then it will be a classic case for lawsuit. Moreoever the policy is not documented anywhere.
As long as you dont use your EAD, you can continue working on H1B.
In fact, if it is the same employer as your GC sponsor, you dont have to do anything.
The thing to remember is to extend your H1B if you do a H1B transfer so you dont have any issues at the time of transfer.
All this is assuming that your company policy can handle exceptions to the policy :)
Thanks!
I really dont care what my company policy says because as I look at it, it should be my decision whether to work on EAD or continue on H1-B. If they switch my work authorization without my knowledge, then it will be a classic case for lawsuit. Moreoever the policy is not documented anywhere.
As long as you dont use your EAD, you can continue working on H1B.
In fact, if it is the same employer as your GC sponsor, you dont have to do anything.
The thing to remember is to extend your H1B if you do a H1B transfer so you dont have any issues at the time of transfer.
All this is assuming that your company policy can handle exceptions to the policy :)
Thanks!
more...
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akv123
07-15 12:29 AM
It is discouraging to see this thread - it is surprising to see the understanding of 'g(G)andhigiri' we have - no tolerance, no forgiveness for the mistake! Shame on us.
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pappu
01-14 03:33 PM
pappu,
With limited information, it was the best I could do :)
What is your take on all these bills.. I am sure you have much more info. Do you see any hope of EB relief in 2009?
There is growing pessimism in EB community.
We have some rough plans for 2009.
We need to wait for some time to see how immigration bill becomes a priority. We anticipate some more placeholder bills that will make a statement. However in the end, there will have to be a bi-partisan effort and strong will to write a CIR. I feel economy will take priority initially but they will have to look at immigration sooner than later. Admin fixes is another possibility we see. While the EB2 India and China are now getting direct benefit from horizontal spillovers, in 2009 we need to meet again with the administration and make a good case about EB3 India, China and EB3ROW backlogs. The problem seems to be increasing due to limited visas per year. This is the reason dates have not been moving. Several Other small items for admin fixes are also in brainstorming stage. Like We want to address processing delays on all applications for all categories, do something to protect the rights of immigrants, etc.
We also want to involve more members who got their greencards or immigrants who are now citizens on IV. We want suggestions from members how we can do that and get their support for this cause.
I am sure with the new initiatives you will love Immigrationvoice more and want to come to IV everyday.
At your end, please try to spread the word about IV. We can be successful in all our initiatives only if we can get more participation. Thus we need to get more EB India, china and ROW members in the IV fold. This must be our top priority early this year before we launch our big campaigns.
We look to members reading this post to help us reach out to their friends and introduce IV to them. We have well meaning intentions for everyone in every category and country and want to help and bring relief. It is important that we come together on IV and make a united effort to end our common immigration problems.
With limited information, it was the best I could do :)
What is your take on all these bills.. I am sure you have much more info. Do you see any hope of EB relief in 2009?
There is growing pessimism in EB community.
We have some rough plans for 2009.
We need to wait for some time to see how immigration bill becomes a priority. We anticipate some more placeholder bills that will make a statement. However in the end, there will have to be a bi-partisan effort and strong will to write a CIR. I feel economy will take priority initially but they will have to look at immigration sooner than later. Admin fixes is another possibility we see. While the EB2 India and China are now getting direct benefit from horizontal spillovers, in 2009 we need to meet again with the administration and make a good case about EB3 India, China and EB3ROW backlogs. The problem seems to be increasing due to limited visas per year. This is the reason dates have not been moving. Several Other small items for admin fixes are also in brainstorming stage. Like We want to address processing delays on all applications for all categories, do something to protect the rights of immigrants, etc.
We also want to involve more members who got their greencards or immigrants who are now citizens on IV. We want suggestions from members how we can do that and get their support for this cause.
I am sure with the new initiatives you will love Immigrationvoice more and want to come to IV everyday.
At your end, please try to spread the word about IV. We can be successful in all our initiatives only if we can get more participation. Thus we need to get more EB India, china and ROW members in the IV fold. This must be our top priority early this year before we launch our big campaigns.
We look to members reading this post to help us reach out to their friends and introduce IV to them. We have well meaning intentions for everyone in every category and country and want to help and bring relief. It is important that we come together on IV and make a united effort to end our common immigration problems.
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nav_kri
12-31 01:22 PM
So does this mean I am stuck with Company A till I get Garbage Can I mean GC ?
Searched on google and got the following info
MurthyDotCom : U.S. Immigration Law (http://www.murthy.com/chatlogs/ch121806_P.html)
Chat User : Thanks a lot in advance for the kind-hearted services,
Labor/I140 approved, got 3-yr extension after completing 6yrs of H-1. If I
change my employer now, can I get 3-yr extension, and can I keep my priority
date even if my employer cancels I-I40?
Attorney Murthy : Based on the current understanding of the law and
the USCIS interpretations, one is allowed to file for a 3-year H1B with a
new employer based on the I-140 petition with another employer. Also, the
person should be able to retain the earlier PD unless the USCIS believes
that there was some sort of fraud. We have seen them grant the earlier PD in
most cases, even after the earlier employer revokes or cancels the
previously-approved I-140 petition. Many employers nowadays are choosing not
to pursue revoking the I-140 petition, especially if the employee paid for
the processing.
http://www..com/greencard/employmentbasedimmigration/i-140-premium-processing.html
Job Change - Transfer of Original Priority Date
This is not related to AC21 portability. This is very useful in a case you are planning to change jobs or you fear that your employer may be thinking about laying you off or firing you.
If the person has an approved I-140, but I-485 is not filed during priority date not being current, and decides to change the job, either with the same employer for a different job or with a new employer in a new position, the green card case would have to be started all over again, including labor certification(if required), I-140 and I-485 (or consular processing). However, if the person had an approved I-140 from the previous job, it is possible to request to retain the priority date in a new I-140 petition.
You can change jobs when I140 is approved and I485 not filed but the new employer will have to start GC process from scratch, but you can retain old PD. You can also check with attorney if you are still doubtful.
Cheers and Happy new year :)
Searched on google and got the following info
MurthyDotCom : U.S. Immigration Law (http://www.murthy.com/chatlogs/ch121806_P.html)
Chat User : Thanks a lot in advance for the kind-hearted services,
Labor/I140 approved, got 3-yr extension after completing 6yrs of H-1. If I
change my employer now, can I get 3-yr extension, and can I keep my priority
date even if my employer cancels I-I40?
Attorney Murthy : Based on the current understanding of the law and
the USCIS interpretations, one is allowed to file for a 3-year H1B with a
new employer based on the I-140 petition with another employer. Also, the
person should be able to retain the earlier PD unless the USCIS believes
that there was some sort of fraud. We have seen them grant the earlier PD in
most cases, even after the earlier employer revokes or cancels the
previously-approved I-140 petition. Many employers nowadays are choosing not
to pursue revoking the I-140 petition, especially if the employee paid for
the processing.
http://www..com/greencard/employmentbasedimmigration/i-140-premium-processing.html
Job Change - Transfer of Original Priority Date
This is not related to AC21 portability. This is very useful in a case you are planning to change jobs or you fear that your employer may be thinking about laying you off or firing you.
If the person has an approved I-140, but I-485 is not filed during priority date not being current, and decides to change the job, either with the same employer for a different job or with a new employer in a new position, the green card case would have to be started all over again, including labor certification(if required), I-140 and I-485 (or consular processing). However, if the person had an approved I-140 from the previous job, it is possible to request to retain the priority date in a new I-140 petition.
You can change jobs when I140 is approved and I485 not filed but the new employer will have to start GC process from scratch, but you can retain old PD. You can also check with attorney if you are still doubtful.
Cheers and Happy new year :)
alterego
09-22 05:19 PM
--
Franklin got her gc. She is still such a motivated member. IV is fortunate to have her. I didn't intend to defend her, she is more than capable to do that on her own. Just wanted to add this information because that makes a sea change in raising the level of conversation on this thread.
The contrast is amazing, people who are stuck in the system are not as involved, while members like Franklin and Aman, who have came out of the "limbo" still want to help others.
Now I am more shocked than ever at her level of energy at the rally (which I personally witnessed) I am sure she has been doing a lot more behind the scenes as well.
Those who have done nothing but visit this site, need to look at folks like this and get some motivation and step up to the plate.
Franklin got her gc. She is still such a motivated member. IV is fortunate to have her. I didn't intend to defend her, she is more than capable to do that on her own. Just wanted to add this information because that makes a sea change in raising the level of conversation on this thread.
The contrast is amazing, people who are stuck in the system are not as involved, while members like Franklin and Aman, who have came out of the "limbo" still want to help others.
Now I am more shocked than ever at her level of energy at the rally (which I personally witnessed) I am sure she has been doing a lot more behind the scenes as well.
Those who have done nothing but visit this site, need to look at folks like this and get some motivation and step up to the plate.
waitforgc1
04-06 11:56 AM
usually around 15 of every month
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