stefanusc
03-13 01:21 PM
Hi to all,
I met with a potential client who is an illegal immigrant living in the US. She has a child who is a US citizen. The father was voluntarily deported and the mother gave him permission to take the child back to their home country to visit the grandparents. The father was supposed to make sure the child returned to the US within 3 months. It has been 6 months. If my client files an application under the Hague Convention on the Civil Aspects of International Child Abduction, will the US Government begin deportation proceedings?
I met with a potential client who is an illegal immigrant living in the US. She has a child who is a US citizen. The father was voluntarily deported and the mother gave him permission to take the child back to their home country to visit the grandparents. The father was supposed to make sure the child returned to the US within 3 months. It has been 6 months. If my client files an application under the Hague Convention on the Civil Aspects of International Child Abduction, will the US Government begin deportation proceedings?
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Saralayar
07-10 05:45 PM
IMO there is a good chance you will qualify for EB2. When doing educational evaluation, you should base your claim on your masters degree. That way you would qualify.
The worst part is in justifying an EB2 case. As the job market is very bad and many US citizens with the required qualification for the position are available, it will be very difficult for the company to justify that no one in this country is available except you for this position. Lot of big companies are afraid as there is a strict AUDIT that will be enforeced by USCIS in case they have a doubt about the non availability of a citizen for that position.
The worst part is in justifying an EB2 case. As the job market is very bad and many US citizens with the required qualification for the position are available, it will be very difficult for the company to justify that no one in this country is available except you for this position. Lot of big companies are afraid as there is a strict AUDIT that will be enforeced by USCIS in case they have a doubt about the non availability of a citizen for that position.
LostInGCProcess
11-12 12:21 PM
Your new company must sponsor your H1 before the old company send the request to cancel your H1.
Once revoked, you have probably couple of weeks to pack up. So, its best you get started on the new H1 before the old H1 is revoked.
Once revoked, you have probably couple of weeks to pack up. So, its best you get started on the new H1 before the old H1 is revoked.
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apimvoice
07-18 11:11 AM
No I didn't point out anything just im sharing the data.And waiting for EB2 to be current.I don't know how the smily comes next to PD?
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sangmami
06-13 08:24 PM
Congrats to all who can apply for I 485.oUR situation is that my husband is a fellow in medicine speciality and already been offered a job which he wil start in july 2008.Our details
lc approved for the future job
i 140 pending.
Are we eligible to apply for i 485 ..ead for a future job etc.
I am on h4 .
Thanks People.
Thanks to iv
lc approved for the future job
i 140 pending.
Are we eligible to apply for i 485 ..ead for a future job etc.
I am on h4 .
Thanks People.
Thanks to iv
blacktongue
02-22 09:03 AM
After Employment Green Card wait 5 years.
After Family Green Card wait 3 years only
Why?
Why Family Green Card less wait time?
After Family Green Card wait 3 years only
Why?
Why Family Green Card less wait time?
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laksmi
12-06 10:57 AM
yes you can use AP, when you transfer your H1B to new company.
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ashshef
09-01 02:44 AM
Just tell the first level rep that its been over 90 days. They don't even ask your name...so no bad ramifications. They will transfer you. You can tell the 2'nd level rep the truth. They don't know what you told the 1'st level rep.
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pd_recapturing
05-27 11:17 AM
do we need to send passport size photos along with supporting documets after efiling ?
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bathuzp
12-05 04:18 PM
Hi everyone,
I applied for my I-131, I-765 and I-485 together under EB-2 category on the 13th of September 2010. I got approval letters for both I-131 and I-765 by the 9th of November 2010. My wife and I also received our EAD cards and travel documents. But today I got another set of receipts for both I-765 and I-131 with rfe for photographs. The receipts number are different in both the previous and new receipts and the new ones are showing up in pending state on the USCIS website.
Please let me know what can be the reason I got these duplicate receipts and what should be the next steps.
Thank you all in advance,
Bathuzp
I applied for my I-131, I-765 and I-485 together under EB-2 category on the 13th of September 2010. I got approval letters for both I-131 and I-765 by the 9th of November 2010. My wife and I also received our EAD cards and travel documents. But today I got another set of receipts for both I-765 and I-131 with rfe for photographs. The receipts number are different in both the previous and new receipts and the new ones are showing up in pending state on the USCIS website.
Please let me know what can be the reason I got these duplicate receipts and what should be the next steps.
Thank you all in advance,
Bathuzp
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sts_seeker
05-07 11:58 PM
I used him and he is very friendly , good cost. If you want expensive go for Winnigham at OKC area.
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newbie2020
06-17 12:57 PM
As long as you meet the requirements for EB5 (500K in approved areas/ 1M in rest)
you should be good. They don't need the 140 and if you haven't applied for 485 then it doesn't matter.
Also did u know it is a conditional GC (just like when u marry USC you get a conditional GC) after 2 yrs you need to apply for removal of conditions by proving you met all the EB5 requirements.
you should be good. They don't need the 140 and if you haven't applied for 485 then it doesn't matter.
Also did u know it is a conditional GC (just like when u marry USC you get a conditional GC) after 2 yrs you need to apply for removal of conditions by proving you met all the EB5 requirements.
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sammyb
04-15 05:20 PM
What was your own LC PD? Nothing personal just out of curiosity...
LC Sub/EB2 with PD June 2001 filed on July 27 with RD of Sept 8 got approved y'day. 140 filed on July 5th was approved on jan. no RFE, all were smooth.
I was afraid because of my last years on L1B and filed H1b though this year quota and not sure if i'm lucky to have a number lottery. This gave me major relaxation.
Best of luck you all.
Had 1 Soft LUD on Jan 31 on 485 application.
USCIS is doing a great job thank to IV to make these possible.
LC Sub/EB2 with PD June 2001 filed on July 27 with RD of Sept 8 got approved y'day. 140 filed on July 5th was approved on jan. no RFE, all were smooth.
I was afraid because of my last years on L1B and filed H1b though this year quota and not sure if i'm lucky to have a number lottery. This gave me major relaxation.
Best of luck you all.
Had 1 Soft LUD on Jan 31 on 485 application.
USCIS is doing a great job thank to IV to make these possible.
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sury
05-23 07:04 AM
I got EAD on February 2008 with my primary GC employer. My PD is just 4 months away and I got a job offer in a big company which I cannot afford to loose.
The the job duties in my new job remain the same but I am worried to change job during this time when PDs are jumping very fast. The max I can delay the joining my new employer cannot be more than a 1 month. Please suggest the best approach...
The the job duties in my new job remain the same but I am worried to change job during this time when PDs are jumping very fast. The max I can delay the joining my new employer cannot be more than a 1 month. Please suggest the best approach...
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gccovet
11-03 08:03 AM
Hello,
Here's my situation. I have an approved I-140 (EB2), my I-485 has been pending for more than an year. Due to recent lay-offs, I will have to change my employer through an H-1B transfer. My wife was on H-4. However, just this year she got an H-1B approval with consular processing since when we applied for her H-1b this year, she was not in US.
Now 2 weeks back, her employer applied for her COS through regular processing. I assume this takes about 3-4 months.
My question is - now that I am doing my H-1B transfer to another employer, do I have to worry about my wife's H-4 extension as well, or just leave that as it is, as her application for COS to H-1B is pending with USCIS.
Please advise.
Thanks
In my opinion, leave it as it is.
also, please spend few minutes to send out 4 letters in support of fight against cases using AC21 and getting denials without any reasons. You might very well fall in this if you plan/have to use your EAD.
check out http://immigrationvoice.org/forum/showthread.php?t=22182
Thank you for your support.
GCCovet.
Here's my situation. I have an approved I-140 (EB2), my I-485 has been pending for more than an year. Due to recent lay-offs, I will have to change my employer through an H-1B transfer. My wife was on H-4. However, just this year she got an H-1B approval with consular processing since when we applied for her H-1b this year, she was not in US.
Now 2 weeks back, her employer applied for her COS through regular processing. I assume this takes about 3-4 months.
My question is - now that I am doing my H-1B transfer to another employer, do I have to worry about my wife's H-4 extension as well, or just leave that as it is, as her application for COS to H-1B is pending with USCIS.
Please advise.
Thanks
In my opinion, leave it as it is.
also, please spend few minutes to send out 4 letters in support of fight against cases using AC21 and getting denials without any reasons. You might very well fall in this if you plan/have to use your EAD.
check out http://immigrationvoice.org/forum/showthread.php?t=22182
Thank you for your support.
GCCovet.
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OLDMONK
07-18 11:39 AM
Hi,
I am a B.COM and AICWA. I have also completed CA-Inter. I have totally 12 years of experience out of which 7 years in IT and 5 years Non-IT. I am currently working as Program Manager. My Labour is approved. My company is trying to get a evaluation done.
Would there be any issues when concurrently filing for I-140 and I-1485 with regard to the Education Evaluation.
Make sure you use a detailed evaluation from a reputed evaluator. Do not provide generic evaluation as we do while applying fir H1B.
Evaluation should specifically equate your B.Com degree to a 4 year US degree. + 5 years experience if you filed in EB2. (your labor should have a requirement of BS + 5 years progressive experience)
If filed for EB3 the evaluation should equate your B.Com degree as to equivalent of a 4 year US degree.
I am hoping that this is not a labor substitution case and you labor is YOURS and requirement is Bachelors in Business or Finance or Commerce.
Since you did not post details of your labor, I am not sure people can help you much with specifics.
some helpful pointers.
Try not to club your experience to come up with education equivalency.
If your labor is perm make sure you are already being paid what is on the labor approval.
Try not to use your CA-Inter or AICWA. Keep it simple and straightforward.
I am assuming there is no ability to pay issue and the company is green on its financials.
I am a B.COM and AICWA. I have also completed CA-Inter. I have totally 12 years of experience out of which 7 years in IT and 5 years Non-IT. I am currently working as Program Manager. My Labour is approved. My company is trying to get a evaluation done.
Would there be any issues when concurrently filing for I-140 and I-1485 with regard to the Education Evaluation.
Make sure you use a detailed evaluation from a reputed evaluator. Do not provide generic evaluation as we do while applying fir H1B.
Evaluation should specifically equate your B.Com degree to a 4 year US degree. + 5 years experience if you filed in EB2. (your labor should have a requirement of BS + 5 years progressive experience)
If filed for EB3 the evaluation should equate your B.Com degree as to equivalent of a 4 year US degree.
I am hoping that this is not a labor substitution case and you labor is YOURS and requirement is Bachelors in Business or Finance or Commerce.
Since you did not post details of your labor, I am not sure people can help you much with specifics.
some helpful pointers.
Try not to club your experience to come up with education equivalency.
If your labor is perm make sure you are already being paid what is on the labor approval.
Try not to use your CA-Inter or AICWA. Keep it simple and straightforward.
I am assuming there is no ability to pay issue and the company is green on its financials.
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willgetgc2005
04-28 02:51 PM
Bumping up.....
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vaaliben
02-18 05:02 PM
ash123
Do you have any update on your EAD status? Because, I too have a similar situation.
Do you have any update on your EAD status? Because, I too have a similar situation.
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tabletpc
12-22 03:20 PM
Can others give their inputs too....thanks...!!!
sundarpn
10-04 10:23 PM
same here.
Hoz the traffic in that area in the morning between 8 and 10? my app is at 10.
Should we be there a bit early?
Hoz the traffic in that area in the morning between 8 and 10? my app is at 10.
Should we be there a bit early?
alien2006
07-14 01:25 PM
I thought that the ideal time would be before applying for I485, and thus the dependant spouse would automatically get a gc with which ever spouse got the gc first. So I would think that both applying and getting married before either I485 is submitted, and who ever gets gc first their dependant spouse gets it too.
If the I485 is already filed I don't know if it can be amended.
I'm no attorney so you need to throughly research this.
This is true if you are applyinf through employer based. But our guy is applying through family based and he marrying before getting his GC could push him to the next category and a wait of several years.
If the I485 is already filed I don't know if it can be amended.
I'm no attorney so you need to throughly research this.
This is true if you are applyinf through employer based. But our guy is applying through family based and he marrying before getting his GC could push him to the next category and a wait of several years.