raysaikat
10-10 11:37 AM
Thank you very much for all your support.
Do I need to inform him before I leave ? because he is with his relative place. What is the process for that ?
This is a domestic problem, not an immigration one. Legally, a dependent is assumed to _depend_ on you. Anyway, just give him a call/send an email/letter informing that his stay would be illegal after you leave.
If I leave without informing him, then what he can do on me ?
Legally, nothing.
Do I need to inform him before I leave ? because he is with his relative place. What is the process for that ?
This is a domestic problem, not an immigration one. Legally, a dependent is assumed to _depend_ on you. Anyway, just give him a call/send an email/letter informing that his stay would be illegal after you leave.
If I leave without informing him, then what he can do on me ?
Legally, nothing.
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EndlessWait
12-12 03:55 PM
Now that dates for EB2 have moved to Jan 2000 PD, it might be interesting to see if we have folks in here with EB2 PD in or before Jan 2000.
lol..this is funny.. are you planning to issue another bulletin from your side based on the input at IV.. chill dude.. the bulletin issue science is really some rocket science, it defies all the fundamentals of mathematics and gravity...actually its more like 6-flag ride..rush of adrenalin..swaying on both sides..oh god its making me so dizzy....
:(
lol..this is funny.. are you planning to issue another bulletin from your side based on the input at IV.. chill dude.. the bulletin issue science is really some rocket science, it defies all the fundamentals of mathematics and gravity...actually its more like 6-flag ride..rush of adrenalin..swaying on both sides..oh god its making me so dizzy....
:(
nk2006
05-03 08:01 AM
If you have enough time or not depends on if your country of origin is retrogressed. In your case retrogression will help you.
You do not need to be working for the new employer for them to start the green card process. So no need to wait for H1B transfer. But most employers would not do that.
To get one year extensions, Your case has to be pending for at least a year. That clock starts when you apply for labor. With PERM there is two months of recruiting (one month recruiting and one month cool down) before you can apply for labor. So it looks like you will not meet this deadline. (You may be able to extend your current H1B for the time you were out of the country)
So your only hope is that your labor certification goes through and your I140 goes through and your country is retrogressed. Then the one year rule does not apply and you can extend H1B for three years.
So pray that congress does not fix the retrogression problem until you get your three year extension :)
You are wrong - he dont have to pray that retrogession to stay. If there is no retrogession he/she can apply for 485 along with I140 or if that option is not available he/she can apply for 485 after I140 approval; and can get EAD which makes him eligible to work pending 485 approval.
The above is quite possilbe and I have seen some people (from non-retrogessed countries) getting their EADs/greencards in less than a year time. In my company I have applied PERM along with another person (who is less experienced than me; much less education qualifications; and probably less salary as I am his technical lead). Both our PERM labors approved in the space of 10 days. Currently my EB2 I140 is pending; his concurrent I140 is approved and got EAD's for him and wife and is infact might get his cards soon unless they get stuck in name-check.
Moral of story: retrogession is bad anyway you cut it. In any case the probability of a bill passing seems not that bright; and even if a bill is passed it may not be impleted that soon anyway; so this retrogession story might continue for a while I guess; and we all can continue to get 1year/3year extensions :)
You do not need to be working for the new employer for them to start the green card process. So no need to wait for H1B transfer. But most employers would not do that.
To get one year extensions, Your case has to be pending for at least a year. That clock starts when you apply for labor. With PERM there is two months of recruiting (one month recruiting and one month cool down) before you can apply for labor. So it looks like you will not meet this deadline. (You may be able to extend your current H1B for the time you were out of the country)
So your only hope is that your labor certification goes through and your I140 goes through and your country is retrogressed. Then the one year rule does not apply and you can extend H1B for three years.
So pray that congress does not fix the retrogression problem until you get your three year extension :)
You are wrong - he dont have to pray that retrogession to stay. If there is no retrogession he/she can apply for 485 along with I140 or if that option is not available he/she can apply for 485 after I140 approval; and can get EAD which makes him eligible to work pending 485 approval.
The above is quite possilbe and I have seen some people (from non-retrogessed countries) getting their EADs/greencards in less than a year time. In my company I have applied PERM along with another person (who is less experienced than me; much less education qualifications; and probably less salary as I am his technical lead). Both our PERM labors approved in the space of 10 days. Currently my EB2 I140 is pending; his concurrent I140 is approved and got EAD's for him and wife and is infact might get his cards soon unless they get stuck in name-check.
Moral of story: retrogession is bad anyway you cut it. In any case the probability of a bill passing seems not that bright; and even if a bill is passed it may not be impleted that soon anyway; so this retrogession story might continue for a while I guess; and we all can continue to get 1year/3year extensions :)
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immigrant2007
07-19 03:05 PM
Thanks Raj. I am sure this will be helpful to many other people here too. Appreciate your time to write it as points.
What if the company with your first 140 withdras th applciation (assuming 140 was approved for more than 180 days and I485 is also pending more than 180 days)
Also when you join the new company what kind of benefits you get in term of Salary/ Position/ Promotion?
What if the company with your first 140 withdras th applciation (assuming 140 was approved for more than 180 days and I485 is also pending more than 180 days)
Also when you join the new company what kind of benefits you get in term of Salary/ Position/ Promotion?
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gc_bucs
03-18 10:18 AM
You & your wife should talk to a good attorney about the possibility of using "interfiling" in case of a divorce. I was in the same situation as you couple of years ago & Shiela Murthy's office recommended "interfiling". If you need more information send me a PM
Need your opinion on this.. filed for I-485 on EB2 in July 07. I am the primary applicant. I have been married since May '04. Need to apply for a divorce. My wife, a derivative in my application, is holding up the process as it may affect her chances of getting a GC without any sweat. She has an parallel GC process running solely in her name, which I believe hasnt cleared PERM yet (some sort of audit). She is on H1B, extendable for another 3 years, and has EAD from my GC application. Will there be any implications on her application if the divorce goes through? And also, can I out of spite do anything to get her derivative application out of the queue :rolleyes: ?
Need your opinion on this.. filed for I-485 on EB2 in July 07. I am the primary applicant. I have been married since May '04. Need to apply for a divorce. My wife, a derivative in my application, is holding up the process as it may affect her chances of getting a GC without any sweat. She has an parallel GC process running solely in her name, which I believe hasnt cleared PERM yet (some sort of audit). She is on H1B, extendable for another 3 years, and has EAD from my GC application. Will there be any implications on her application if the divorce goes through? And also, can I out of spite do anything to get her derivative application out of the queue :rolleyes: ?
ndialani
11-23 06:31 PM
I send through Wells Fargo to ICICI bank in Inida. You can open a remmitance account with wels fargo and wire transfer yourself. Every $1000 dollars they charge $9 dollars.
Advantage is money is there in 2 days.
Simplest way is ...send your mom, post dated checks for the whole year. Mail it through Prioriy mail using USPS.....ony costs 5 dollars. She can deposit the check every month. I 've been doing it for longest time.
Only , in case of emergency and you want to transfer 5000 or more, i like Wells Fargo Service.
Advantage is money is there in 2 days.
Simplest way is ...send your mom, post dated checks for the whole year. Mail it through Prioriy mail using USPS.....ony costs 5 dollars. She can deposit the check every month. I 've been doing it for longest time.
Only , in case of emergency and you want to transfer 5000 or more, i like Wells Fargo Service.
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ss_col
07-17 04:27 PM
I am pretty sure these are people have come here to disrupt the forum or else who does not know about Sheila Murthy. It is just my observation that earlier all the questions were related to genuine issues and were answered as best as members knew. Recently a lot of people have joined in who have brought in negative energy, are abusive, are doubting IV, trying to create doubts in others minds, come to have fun or joke around, trying to prove that IV is a free for all forum and they can say what they want to say. All this was never there earlier. I think administrators should look into the same. IV is there to answer immigration problems and issues. People blame lawyers for not updating their websites or not informing clients unless an official news has come out but when IV came out with announcements before the news is official - all the new comers have done is mud slinging IV.
Be thankful there is a IV.
Be thankful there is a IV.
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kaisersose
04-16 04:38 PM
What is an "MTR"?
Motion To Reopen. Basically having the IO re-examine the case by pointing out that the original application + evidence was correct, but the decision was not.
Motion To Reopen. Basically having the IO re-examine the case by pointing out that the original application + evidence was correct, but the decision was not.
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starscream
06-23 09:40 PM
Cornyn Calls on Obama to Present Immigration Reform Plan - Roll Call (http://www.rollcall.com/news/36174-1.html)
Cornyn Calls on Obama to Present Immigration Reform Plan
Sen. John Cornyn (R-Texas) on Tuesday called on President Barack Obama to come up with a comprehensive immigration plan this year, saying a directive from the White House is the only way to push the complex issue forward.
“What we need is not another photo op at the White House. What we need now is a plan from the president,” said Cornyn, ranking member on the Judiciary Subcommittee on Immigration, Refugees and Border Security.
“The president doesn’t write legislation, but he does have the bully pulpit,” Cornyn said, adding that right now “it’s unclear how they can get it finished.”
Cornyn is one of several lawmakers who will meet with administration officials Thursday to discuss immigration policy. White House spokesman Robert Gibbs acknowledged Monday that time may run out this year before the administration and Congress — already spread thin with health care and climate change legislation — can take up yet another time-consuming and sweeping proposal.
Minority Leader Mitch McConnell (R-Ky.) echoed those concerns: “We’ve got a full plate already.”
“There’s been little discussion from our side on immigration reform. I’ve honestly not given it a lot of thought,” McConnell said.
But Majority Leader Harry Reid (D-Nev.) reiterated his call for doing a comprehensive immigration reform bill this year.
“We have to finish health care and climate change, but being third on the list is pretty good,” Reid said, predicting that he could muster up the votes for a bill later this year.
Sen. Charles Schumer (D-N.Y.), who chairs the immigration subpanel, will deliver an address on immigration at Georgetown University on Wednesday and is expected to outline “the principles that will guide legislation he intends to introduce in the Senate later this year,” according to a release.
Schumer will also attend the White House meeting Thursday.
Cornyn Calls on Obama to Present Immigration Reform Plan
Sen. John Cornyn (R-Texas) on Tuesday called on President Barack Obama to come up with a comprehensive immigration plan this year, saying a directive from the White House is the only way to push the complex issue forward.
“What we need is not another photo op at the White House. What we need now is a plan from the president,” said Cornyn, ranking member on the Judiciary Subcommittee on Immigration, Refugees and Border Security.
“The president doesn’t write legislation, but he does have the bully pulpit,” Cornyn said, adding that right now “it’s unclear how they can get it finished.”
Cornyn is one of several lawmakers who will meet with administration officials Thursday to discuss immigration policy. White House spokesman Robert Gibbs acknowledged Monday that time may run out this year before the administration and Congress — already spread thin with health care and climate change legislation — can take up yet another time-consuming and sweeping proposal.
Minority Leader Mitch McConnell (R-Ky.) echoed those concerns: “We’ve got a full plate already.”
“There’s been little discussion from our side on immigration reform. I’ve honestly not given it a lot of thought,” McConnell said.
But Majority Leader Harry Reid (D-Nev.) reiterated his call for doing a comprehensive immigration reform bill this year.
“We have to finish health care and climate change, but being third on the list is pretty good,” Reid said, predicting that he could muster up the votes for a bill later this year.
Sen. Charles Schumer (D-N.Y.), who chairs the immigration subpanel, will deliver an address on immigration at Georgetown University on Wednesday and is expected to outline “the principles that will guide legislation he intends to introduce in the Senate later this year,” according to a release.
Schumer will also attend the White House meeting Thursday.
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saps
07-09 12:09 PM
I think the exams do expire. Just carry the copy of your old medical tests to the doctor and you might not need to take the vaccination shots again as most of them are valid for long period. But your wife will have to retake the TB and other tests. Just take the RFE with you to the doctor's office.
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aarzoo
08-23 06:23 PM
It took almost 3 months to get the approval. Key points:
1. USCIS does not accept I-140 PP as the original Labor approval is not included.
2. I am not sure if USCIS requests a duplicate copy of labor from DOL or they locate the orginal labor in the old file.
3. Make sure you ask your employer to download the labor approval from DOL website and complete it (employer's signature and your signature) and send it along with the I-140 application.
Hope it helps....Good luck
1. USCIS does not accept I-140 PP as the original Labor approval is not included.
2. I am not sure if USCIS requests a duplicate copy of labor from DOL or they locate the orginal labor in the old file.
3. Make sure you ask your employer to download the labor approval from DOL website and complete it (employer's signature and your signature) and send it along with the I-140 application.
Hope it helps....Good luck
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WaitingForMyGC
06-25 09:56 AM
Bumping up.
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prem_goel
11-25 01:25 PM
Please make sure you understand and read all the rules before coming to any conclusion. The rule is that only H-1b renewals who had atleast one stamping in their home country are allowed for renewal stamping in Tijuana. I had two previous stamping done at India for my H-1B and this is my renewal, so I am okay.
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jindhal
05-16 05:44 PM
I also called Sen. Menendez regarding the Murray amendment and talked to someone a lady.
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adi787
12-11 08:15 PM
hi,
sorry to hear the denial.
Was this beyond 6th yr extn based on approved 140?
Or due to small company?
sorry to hear the denial.
Was this beyond 6th yr extn based on approved 140?
Or due to small company?
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cnag
04-17 03:54 PM
Don't worry. You are not alone. I will give you company. Mine is stuck in PERM
since OCt 2005. Not 10 months yet, but almost there...
since OCt 2005. Not 10 months yet, but almost there...
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vin13
04-09 02:48 PM
The employer has to make sure all their employees are legal. For that they may ask the employee to use EAD. they are not obligated to sponsor H1-B.
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rkgc
11-17 11:33 AM
I think I know what the company means, I have been in the position. My previous company went through lot of layoffs and they are still. But the point here is, they are strictly following the lawyers words, i.e. when a company layoffs and if they are planning to make your friend permanent i.e. start his green card process, then technically during layoffs if the skill-set matches they should offer your friends job to the supposed to be layed off people, now if the company went thru layoffs in the last 6 months, then they should reach the previously layed off people with matching skill-set and offer them the positoin. Basically the company is getting rid of some bad blood also during layoffs so they don't really want to offer them any positoin, so they would rather wait and start GC process for your friend 6 months from the last layoff. The above reply I got from my previous company lawyer (so don't quote me on this) is similar to what your friend got.
Hope this helps...
~rk
Hope this helps...
~rk
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gc2
09-23 11:11 AM
i am waiting for response from my lawyer in atlanta. i was wondering if people have gone through similar situation where they take a promotion with same employer or change jobs. Since AC21 leaves a lot of room for interpretation, it would be helpful to know past cases.
thanks
thanks
HV000
03-04 05:24 PM
But for a small number -- but still significant, and certainly to the individual, significant -- if their name crops up and it's an older case, and it's in a file somewhere, someone has got to hunt it down. And to be perfectly honest, that is not a top priority job for an agent, is to go through an old paper record sitting in a warehouse.
This is called INTENTIONAL DERILICTION of duty!!! USCIS/FBI spent time on other things while harassing immigrants with inordinate delay in providing benefits!!!
This is called INTENTIONAL DERILICTION of duty!!! USCIS/FBI spent time on other things while harassing immigrants with inordinate delay in providing benefits!!!
trueguy
03-06 01:10 PM
Both are very good point. May be we should send it directly to Obama office and request him to consider.
Can we have a letter that everybody can send out. I am sure sending thousands of letters will have more impact.
Thanks.
Can we have a letter that everybody can send out. I am sure sending thousands of letters will have more impact.
Thanks.
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