venky08
07-27 02:52 PM
Related to the questions on this thread.
What happens when:
AOS has been filed and it is more than 180 days AND
dependent has started working on EAD AND
primary applicant loses job
Case 1: primary applicant is also on EAD
Case 2: primary applicant continues on H1 without using EAD
Do the primary applicant and/or spouse become out of status in either of these situations? Can the primary applicant invoke AC21 and look for another job - how much time does he/she have? i.e. does the AOS filing provide primary applicant a cushion in case of job loss?
thanks!
the key is that in any case, if the applicant does not have a H1-B backup and is solely relying on EAD, then he/she needs to make sure that the I-485 should not be denied. because if it does, it automatically makes the applicants out of status forcing them to leave the country. so it is always safe to have H1-B status maintained eventhough you have EAD. my2c
What happens when:
AOS has been filed and it is more than 180 days AND
dependent has started working on EAD AND
primary applicant loses job
Case 1: primary applicant is also on EAD
Case 2: primary applicant continues on H1 without using EAD
Do the primary applicant and/or spouse become out of status in either of these situations? Can the primary applicant invoke AC21 and look for another job - how much time does he/she have? i.e. does the AOS filing provide primary applicant a cushion in case of job loss?
thanks!
the key is that in any case, if the applicant does not have a H1-B backup and is solely relying on EAD, then he/she needs to make sure that the I-485 should not be denied. because if it does, it automatically makes the applicants out of status forcing them to leave the country. so it is always safe to have H1-B status maintained eventhough you have EAD. my2c
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cinqsit
02-02 08:43 PM
If i am understanding you right.....your labor is applied for EB2 qualification but I-140 is applied and approved in EB3. And you want to reapply a new I-140 for EB2 by using the same labor. I believe, you should be able to apply.
Labor certification is not expired as another poster mentioned. It will expire in 180 days only if no I-140 is applied using that labor.
Consult a good attorney and it will be worthwhile instead of waiting for backlogged EB3.
Yes you should be able to apply a I-140 for new reclassification (basically a new I-140)
Make sure there are no conflicting alternative/secondary requirements like "BS and less than 5 years of experience" in your approved labor.
They will check for ability to pay and other checks the they do at 1140 stage again.
Good luck
cinqsit
Labor certification is not expired as another poster mentioned. It will expire in 180 days only if no I-140 is applied using that labor.
Consult a good attorney and it will be worthwhile instead of waiting for backlogged EB3.
Yes you should be able to apply a I-140 for new reclassification (basically a new I-140)
Make sure there are no conflicting alternative/secondary requirements like "BS and less than 5 years of experience" in your approved labor.
They will check for ability to pay and other checks the they do at 1140 stage again.
Good luck
cinqsit
rameshk75
01-09 03:24 PM
NSC is processing 140's filed on or before Apr 6,2007 - Once the processing dates shows your filing date, on 31st day, you can ask your employer to open a service request. NSC respond to your SR within 45 days. Hope this helps.
I don't think the dates for NSC is on or before Apr 6, 2007.
My 140 details:
RD: Apr 30,2007
Approved on May 03,2007
Regular Processing
FYI..
I don't think the dates for NSC is on or before Apr 6, 2007.
My 140 details:
RD: Apr 30,2007
Approved on May 03,2007
Regular Processing
FYI..
2011 O so then zeus god through
sanju
03-12 10:28 AM
Congratulations GCMan007, thats awesome.
If you have already received your approval notice then the change in online status is a matter of time. I saw an nearlier post on the forum that said it took over a week for the online status to show that I-485 was approved.
If you could complete your profile information, it will greatly help folks like me who have the PD in the same date range.
After a long 5 years I finally received 485 case approved letter for both my case and my spouse's case. However the online status still shows pending. Is this common?. How long would it take for the online case status to be updated.
EB2- PB Dec2003
485 Filed date: 08/02/07
Texas service center
If you have already received your approval notice then the change in online status is a matter of time. I saw an nearlier post on the forum that said it took over a week for the online status to show that I-485 was approved.
If you could complete your profile information, it will greatly help folks like me who have the PD in the same date range.
After a long 5 years I finally received 485 case approved letter for both my case and my spouse's case. However the online status still shows pending. Is this common?. How long would it take for the online case status to be updated.
EB2- PB Dec2003
485 Filed date: 08/02/07
Texas service center
more...
mhathi
03-25 06:43 PM
no it is SUSTAIN act. Not Strive. SUSTAIN only has H1 visa increase... So it will ensure that retrogression and backlogs are sustained... :)
anu_t
06-17 12:13 PM
[QUOTE=senthil1]Why do you think the bill will be passed? It is very tough. Even Senate passes it is tough in House. Also it may not be passed in current form. Even current form is passed you will get gc faster than the people who are filing I485 now. Because most of the persons like you already filed I 485 you can file by point system and you will get soon as you have 5 years US experience.
Iam in the same boat, Iam on my 5th year H1. Senthil...I guess that point the original poster is trying to make is there are few of us who will be stuck in the middle. Our LC filing date will be after May15th'07 and the 6th year H1 gets over before Oct'08.
Yes That's my point
Iam in the same boat, Iam on my 5th year H1. Senthil...I guess that point the original poster is trying to make is there are few of us who will be stuck in the middle. Our LC filing date will be after May15th'07 and the 6th year H1 gets over before Oct'08.
Yes That's my point
more...
gc_on_demand
06-22 10:09 AM
I think OP is correct as CIR will not pass this year. Remember Mr bush took advantage 8 years ago and won election. Even he may knew that it will not pass. Same way Raid may know that it may not pass but what is wrong to take advantage of pushing CIR. Even if it doesnot pass or introduced he may win because Hispanic will think if he wins he may bring CIR for sure.
Now in near future Mr President does not have any benefit of CIR unless he runs for next term. So for him delayed CIR is good. till 2011. So it may be win-win for both. Raid will make a vocal for it now and will win election and OBAMA will keep silence and make attempt in 2011. If passes or not he may win election again.
Only catch is if hispanic people think that Replicans didnot help them and now dems not going to help again so they may not give vote to Dems as punishment and that may hurt.
Now in near future Mr President does not have any benefit of CIR unless he runs for next term. So for him delayed CIR is good. till 2011. So it may be win-win for both. Raid will make a vocal for it now and will win election and OBAMA will keep silence and make attempt in 2011. If passes or not he may win election again.
Only catch is if hispanic people think that Replicans didnot help them and now dems not going to help again so they may not give vote to Dems as punishment and that may hurt.
2010 Zeus,the Greek God of Thunder
chanukya
05-25 11:09 PM
Thank you very much from our hearts to QGA.
Thank you for taking up our cause.....
Thank you for helping us.....
Thank you for saving us....
Thank you......for beleiving in our real and genuine issues
Thank you.....Thank you....Thank you....
Thank you for taking up our cause.....
Thank you for helping us.....
Thank you for saving us....
Thank you......for beleiving in our real and genuine issues
Thank you.....Thank you....Thank you....
more...
fromnaija
11-17 11:51 AM
Hmmm...
In my view I would say that it has more chances to go through between Jan 2007 and August 2007. After that, it is poticial campaign all over again.
That is just my humble opinion.
Regards,
Tito
You are right! I also do not think anything will get passed until 2007. SKILL or CIR will only get passed in the January to August 2007 timeframe. By 2008, focus will be on the Presidential election.
In my view I would say that it has more chances to go through between Jan 2007 and August 2007. After that, it is poticial campaign all over again.
That is just my humble opinion.
Regards,
Tito
You are right! I also do not think anything will get passed until 2007. SKILL or CIR will only get passed in the January to August 2007 timeframe. By 2008, focus will be on the Presidential election.
hair Greek God Zeus
immi2006
05-03 08:18 PM
Folks,
I was analysing the data based on posts in various immigration websites for India based filings. The data could be very well wrong too. (data for India folks as below).
It appears on rough estimates :
2005
EB1 - 4000
EB2 - 26000
EB3 - 39000
2004
EB1 - 5500
EB2 - 32000
Eb3 - 36000
I was analysing the data based on posts in various immigration websites for India based filings. The data could be very well wrong too. (data for India folks as below).
It appears on rough estimates :
2005
EB1 - 4000
EB2 - 26000
EB3 - 39000
2004
EB1 - 5500
EB2 - 32000
Eb3 - 36000
more...
21stIcon
09-21 10:51 PM
You will get tax deduction for interest you paid to lender. no matter what deduction you get at end of the year you end of loosing 60-70% of interest which would be more than you pay for rent.
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tinamatthew
07-20 11:59 PM
Let's assume Two people A and B entered into US on Jan 1st 2004 with Visa stamping Valid till June 2006.
A is without payslips for 2 years , that is until Dec 2005(730 days).A travels out side US and re enters into US in jan 2006 , after that he'll get the payslips and stays legal , then applies for his 485 in March 2006.Then he is maintaining
100% legal status as he is having continious payslips after his re entry.
B doesn't have payslips for period of 185 days(aggregate) in his whole stay in US , rest of the time he maintains legal status , but he never travels outside US and applies for his 485 in March 2006.
In this case B is under risk of illegal status for more than 180 days , as he never travelled outside US.How come this is fair law??This thought bugging me since coupe of days.Guys please share your ideas.
Ignorance is not an excuse! If you speed and you are stopped will you tell the police man that you didnt know the speed limit on that street? I believe all immigrants should educate themselves with the law of the country and how it will affect them. I think it is a fair law that gives some people a fresh start and is very welcome for us as immigrants.
A is without payslips for 2 years , that is until Dec 2005(730 days).A travels out side US and re enters into US in jan 2006 , after that he'll get the payslips and stays legal , then applies for his 485 in March 2006.Then he is maintaining
100% legal status as he is having continious payslips after his re entry.
B doesn't have payslips for period of 185 days(aggregate) in his whole stay in US , rest of the time he maintains legal status , but he never travels outside US and applies for his 485 in March 2006.
In this case B is under risk of illegal status for more than 180 days , as he never travelled outside US.How come this is fair law??This thought bugging me since coupe of days.Guys please share your ideas.
Ignorance is not an excuse! If you speed and you are stopped will you tell the police man that you didnt know the speed limit on that street? I believe all immigrants should educate themselves with the law of the country and how it will affect them. I think it is a fair law that gives some people a fresh start and is very welcome for us as immigrants.
more...
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aarzoo
02-02 04:48 PM
I have a labor approved for the requirement:
"Must have BS in CS, EE or related field w/5 years of related experience"
EB3 I-140 was approved in 2008. Can I re-apply for EB2 I-140 using the same labor?
Please note I have BS in CS and had more than 5 yrs of expereince before joining my current employer. I have not changed my employer - EB3 is also from the same employer.
"Must have BS in CS, EE or related field w/5 years of related experience"
EB3 I-140 was approved in 2008. Can I re-apply for EB2 I-140 using the same labor?
Please note I have BS in CS and had more than 5 yrs of expereince before joining my current employer. I have not changed my employer - EB3 is also from the same employer.
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rjgleason
June 4th, 2004, 08:40 PM
Who remembers "The Prisoner"?
Patrick McGoohan............Number 6...........The Village.........mid 60's I think.
Patrick McGoohan............Number 6...........The Village.........mid 60's I think.
more...
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RNGC
01-26 03:49 PM
The only way to get this CIR is to get full support of Get support of Senator McCain. If we get his support, atleast some republicans will support the bill and it can pass.
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miguy
06-16 08:19 AM
what if your wife has a B1/B2 status.......can you still file for I-485?...Has anyone encountered a similar situations?
thanks,
thanks,
more...
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kaisersose
04-16 03:11 PM
Thanks for the quick response gurus. Would like to know if anyone else is in the same boat. Also because of this issue, my spouse is resigning her job and going out of US for a H4 stamp. Is there any way we can avoid it as it is a oversight issue?
Thanks
This is jut my opinion, but I would do exactly this. She should not be quitting her job. If you file an MTR quickly, then she is not really breaking any rules.
Even if you get a 485 rejection notice, it is still OK as long as you file an MTR in a timely manner. The case status will change to "under process" and then you will be fine again as long as your lawyer takes care to extensively document your case so that an IO cannot make a mistake about your EB category again.
In short, just keep your jobs and file an MTR ASAP with correct documentation.
Thanks
This is jut my opinion, but I would do exactly this. She should not be quitting her job. If you file an MTR quickly, then she is not really breaking any rules.
Even if you get a 485 rejection notice, it is still OK as long as you file an MTR in a timely manner. The case status will change to "under process" and then you will be fine again as long as your lawyer takes care to extensively document your case so that an IO cannot make a mistake about your EB category again.
In short, just keep your jobs and file an MTR ASAP with correct documentation.
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sriswam
06-28 06:02 PM
Hello Folks,
As a last ditch atempt, I am trying to e-file form 907 for upgrading my pending 140 app to premium processing (through employer). However when proceeding with the application, in the related forms section, the only available option in the drop down menu is I-129. How would I proceed for I-140?
If anybody know, kindly show the way.
Thanks,
Sriswam
As a last ditch atempt, I am trying to e-file form 907 for upgrading my pending 140 app to premium processing (through employer). However when proceeding with the application, in the related forms section, the only available option in the drop down menu is I-129. How would I proceed for I-140?
If anybody know, kindly show the way.
Thanks,
Sriswam
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chanduv23
12-24 09:13 AM
Congratulations to IV and its great leaders.
Congratulations to all the members for holding this fortress.
Congratulations to all the selfless volunteers who have dedicated time, skill, effort and money on IV.
We must also congratulate Anti immgrants, Dormant members, Freeloaders, people with no faith in hard/good work because you help in making the organization stronger day by day.
Congratulations to all the members for holding this fortress.
Congratulations to all the selfless volunteers who have dedicated time, skill, effort and money on IV.
We must also congratulate Anti immgrants, Dormant members, Freeloaders, people with no faith in hard/good work because you help in making the organization stronger day by day.
belmontboy
06-20 08:30 PM
There is no need to change the date on I-94. As long as you have the I-797 approval petition you are good. When you leave the country, you MUSTgive the I-94 to the airline authorities. If you go to Mexico by road, there is no one to take your I-94 and so you will have illegally left the US - which can lead to problems. If you fly, you are fine!
But still, unless you are going on vacation, do not waste your money.
Wrong!
I-94 is the one that determines how long u can stay.
I-94 can be extended while staying in US.
But still, unless you are going on vacation, do not waste your money.
Wrong!
I-94 is the one that determines how long u can stay.
I-94 can be extended while staying in US.
ash0210
05-15 12:27 PM
Since yesterday after reading June bulletin, it seems that we are loosing "focus" now..no one is asking what discussions are going on CIR shdeuled on May 14?
Correct me if I am wrong!!
Correct me if I am wrong!!
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