nosightofgc
08-16 07:53 PM
First make sure if that was an arrest record or some thing else. During the interview process, they will ask the standard questions on I-485 form, which are like have you ever been arrested etc. Even though your lawyer may not present, you check with your lawyer what to answer for those questions. Even though you may not be knowing exactly what it is, it is better to get it clarified rather than learning during the interview process.
Thank you all!. In my case only issue I can see is, when my wife travelled from India to US, at the port of entry customs check, they found some meat products. And they charged fine of $300 and we paid it. They also took copy of her passport and gave a letter (name is: Department of homeland security. U.S customs and border protection. Notice of alleged violation)
It was my wife's mistake actually, she did not declared meat products in customs form.
In the interview, if IO asks my wife about any violations or criminal records, does she has to give info on that port of entry incident? Will there be any negetive effects on this?
Thank you all!. In my case only issue I can see is, when my wife travelled from India to US, at the port of entry customs check, they found some meat products. And they charged fine of $300 and we paid it. They also took copy of her passport and gave a letter (name is: Department of homeland security. U.S customs and border protection. Notice of alleged violation)
It was my wife's mistake actually, she did not declared meat products in customs form.
In the interview, if IO asks my wife about any violations or criminal records, does she has to give info on that port of entry incident? Will there be any negetive effects on this?
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senthil
02-06 05:20 PM
all your points look ok to me. although it may differ for different prople.
in my case - i have an EAD. but cant use it. i had to stay on H1B to make my spouse's stay valid which is H4. i see the following as a comparision. guys pl feel free to throw ur inputs.
EAD
- ability to switch jobs as nessary - you decide
- AP to easy your life when you want to fly out and come back
( no hassle stamping tention etc, but comes with yearly price )
- of couse the important thing is your spouse can work
- need to stick with same designation
H1B:
- no hassles if you are within 6 year period. everything starts when its about to expire and you jump into GC train
[ you have to jump if you decide to stay more than 6 years. no option here, i guess ]
- same as EAD jumping jobs is easy, also can climb up the ladder
- if above 6 year limit and I-140 not approved, you get only yearly exentions
thanks.
in my case - i have an EAD. but cant use it. i had to stay on H1B to make my spouse's stay valid which is H4. i see the following as a comparision. guys pl feel free to throw ur inputs.
EAD
- ability to switch jobs as nessary - you decide
- AP to easy your life when you want to fly out and come back
( no hassle stamping tention etc, but comes with yearly price )
- of couse the important thing is your spouse can work
- need to stick with same designation
H1B:
- no hassles if you are within 6 year period. everything starts when its about to expire and you jump into GC train
[ you have to jump if you decide to stay more than 6 years. no option here, i guess ]
- same as EAD jumping jobs is easy, also can climb up the ladder
- if above 6 year limit and I-140 not approved, you get only yearly exentions
thanks.
lj_rr
08-24 01:13 PM
Anyone found a solution for this yet?
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cal97
08-15 08:01 PM
I am in the same boat. Filed I-485 with an EB2 approved I-140 P.D June 2004. DBEC approved my EB3 LC with PD 2001.
This is what I know can be done:
1. File I-140 and I-485 for the older LC. USCIS may later ask you to withdraw
one case.
2. File for a new I-140 for the older LC, wait for it to be approved and then
file for substitution of I-140. Then the EB2 will get the older PD. This is the
I-140 porting process that my attorney explained to me.
3. File for I-140 and after approval file for CP.
I have opted for the last option. My attorney has filed for my EB3 I-140 and asked for CP. Since I-140 approvals are taking so long and with no PP I do not expect anything for a year more atleast. Again, you have an option to port the I-140 to EB2 if you do not want to go through the CP route after the older PD I-140 is approved.
Hope this helps.
HI!
I have approved EB-2/I-140(PD October'2005) & also approved labor(EB-3)(PD October'2003). I have filed for I-485 last month. According to my lawyer, he has asked USCIS to port EB-3 priority date to EB-2 (by giving required documents+ letters +forms etc). Will USCIS approve this porting?
Regards,
USA2007
This is what I know can be done:
1. File I-140 and I-485 for the older LC. USCIS may later ask you to withdraw
one case.
2. File for a new I-140 for the older LC, wait for it to be approved and then
file for substitution of I-140. Then the EB2 will get the older PD. This is the
I-140 porting process that my attorney explained to me.
3. File for I-140 and after approval file for CP.
I have opted for the last option. My attorney has filed for my EB3 I-140 and asked for CP. Since I-140 approvals are taking so long and with no PP I do not expect anything for a year more atleast. Again, you have an option to port the I-140 to EB2 if you do not want to go through the CP route after the older PD I-140 is approved.
Hope this helps.
HI!
I have approved EB-2/I-140(PD October'2005) & also approved labor(EB-3)(PD October'2003). I have filed for I-485 last month. According to my lawyer, he has asked USCIS to port EB-3 priority date to EB-2 (by giving required documents+ letters +forms etc). Will USCIS approve this porting?
Regards,
USA2007
more...
lalitjain2002
04-14 11:22 PM
All,
I know as you all have reached 485 stage so you might be experts who can help answering few of my questions...
1) I work with a company who applied for my labor last year, its approved and now they are filling 140
2) Am applied in EB3 so not sure how many years it will take to get 485 dates to priority dates of 2008 ... am thinking abt 5-8 yrs
3) My wife works in a company who wont apply for her Green Card they dont have a policy
4) Her visa expires after 2 yrs ...
5) If I ask one of the consulting companies X to apply for her green card for future employment and pay all the cost for the green card.
6) Assuming she gets 140 in next 2 yrs before her visa is expired.
Questions .....
a) Can she renew her visa for 3 yrs with her current employer based on 485 filling pending with company X ?
b) How much would it cost to apply a green card upto phase 1 and phase 2 ...I might not actually require 485 stage. I just need her processing upto 140 stage so that she can keep renewing the visa until I get my 485 cleared ...in case I leave my job then we might think for her to apply 485 but chances are less.
Experts please guide me if this plan would work and if yes how much would it cost me ...
Thanks in advance ..
Lalit
I know as you all have reached 485 stage so you might be experts who can help answering few of my questions...
1) I work with a company who applied for my labor last year, its approved and now they are filling 140
2) Am applied in EB3 so not sure how many years it will take to get 485 dates to priority dates of 2008 ... am thinking abt 5-8 yrs
3) My wife works in a company who wont apply for her Green Card they dont have a policy
4) Her visa expires after 2 yrs ...
5) If I ask one of the consulting companies X to apply for her green card for future employment and pay all the cost for the green card.
6) Assuming she gets 140 in next 2 yrs before her visa is expired.
Questions .....
a) Can she renew her visa for 3 yrs with her current employer based on 485 filling pending with company X ?
b) How much would it cost to apply a green card upto phase 1 and phase 2 ...I might not actually require 485 stage. I just need her processing upto 140 stage so that she can keep renewing the visa until I get my 485 cleared ...in case I leave my job then we might think for her to apply 485 but chances are less.
Experts please guide me if this plan would work and if yes how much would it cost me ...
Thanks in advance ..
Lalit
jnraajan
03-27 11:56 AM
I am celebrating the good news from IV by pledging $100 to IV. Any one care to up the ante on this?
My Receipt ID: 54118296K6578915K
My Receipt ID: 54118296K6578915K
more...
seahawks
09-18 09:23 AM
Why dont we take voting for name change and see what % of members will opt for the change.
not in favour. IV has established an identity with all the hard work from the founders, they are people like you and me who are putting their valuable time. Changing the name now will only add to confusion in the minds of all thousands of people who are involved or talked to from contributions, to news letter articles, appearing on news channels, to talking to law makers and so on. It will take extra efforts to say this " the newly called ... which used to be IV... ". In my opinoin IV is fine, just add a phrase below, as "legal aliens for immigration reform" or something like that.
not in favour. IV has established an identity with all the hard work from the founders, they are people like you and me who are putting their valuable time. Changing the name now will only add to confusion in the minds of all thousands of people who are involved or talked to from contributions, to news letter articles, appearing on news channels, to talking to law makers and so on. It will take extra efforts to say this " the newly called ... which used to be IV... ". In my opinoin IV is fine, just add a phrase below, as "legal aliens for immigration reform" or something like that.
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pappu
07-20 09:25 AM
No, only contiguous H1-B renewals(after 3 years or yearly extensions after 6 years) are exempted from the cap. If you go back to school and apply for a fresh H1, then it is very much counted against the cap. Apart from falling back to H4 or F2(if you are married and your spouse is on H1/F1), i dont see too many options if you cannot get one of the masters quota H1. BTW, if you dont have an OPT and are out of school, then how are you still here ?
If the company is multinational, ask them to give you a foriegn posting for a year and then you can come back on a fresh new H1B visa or L1 visa.
If the company is multinational, ask them to give you a foriegn posting for a year and then you can come back on a fresh new H1B visa or L1 visa.
more...
natrajs
08-23 12:54 PM
It is very unlikely to get a RFE for this
I hope you don't get it, Try to get the Duplicate ASAP
I hope you don't get it, Try to get the Duplicate ASAP
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fromnaija
02-07 01:08 AM
good question. i guess you were thinking we both were on AOS stage.
only im on adjustment of status, i havent filed for my spouse yet. i got married after reto kicked in. so the only option for her is to stay here is on H4 and to support that I had to stay on H1B, even thou i have EAD.
hope this explains. thanks.
Yes, that explains it. Okay, now that your spouse is here how do you add her to your 485? What happens to her H4 when your 485 is approved? I am asking because someone I know is in same situation.
I guess the question I am trying to ask is, is there a way to have an addendum to a 485 after submission?
only im on adjustment of status, i havent filed for my spouse yet. i got married after reto kicked in. so the only option for her is to stay here is on H4 and to support that I had to stay on H1B, even thou i have EAD.
hope this explains. thanks.
Yes, that explains it. Okay, now that your spouse is here how do you add her to your 485? What happens to her H4 when your 485 is approved? I am asking because someone I know is in same situation.
I guess the question I am trying to ask is, is there a way to have an addendum to a 485 after submission?
more...
485_se_dukhi
08-15 08:56 AM
I'm posting it where ever I can on different forums.
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Rohan99
10-29 01:27 PM
thanks for reply,
One more query..If H4 visa has expired but I have H4 extension till 2009, can I get H4 stamp in India.
My case traveling in Jan to india, My H4 was expired but I have extension. Can I get it stamped as H4. I will be appying for EAD in Nov 07.
Thank you..
Applying for EAD does not invalidate your H4 status. If you travel outside USA without AP and you don't have a valid H4 stamp on your passport, It is considered abandoning your AOS. Hope this helps.
One more query..If H4 visa has expired but I have H4 extension till 2009, can I get H4 stamp in India.
My case traveling in Jan to india, My H4 was expired but I have extension. Can I get it stamped as H4. I will be appying for EAD in Nov 07.
Thank you..
Applying for EAD does not invalidate your H4 status. If you travel outside USA without AP and you don't have a valid H4 stamp on your passport, It is considered abandoning your AOS. Hope this helps.
more...
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bombaysardar
07-16 09:08 AM
see Greg Siskind's blog :
http://blogs.ilw.com/gregsiskind/
An alert reader sent me the following this morning. Miriam Jordan of the WSJ is reporting
Looking to resolve a messy immigration tangle, the U.S. government is close to announcing that it will accept at least some applications for work-based green cards that were filed by thousands of skilled workers in early July at the government's invitation and then abruptly rejected.
This would be hugely disappointing news if true and, according to a source, this was NOT the deal on the table over the weekend. It also will fail to address the three crises facing USCIS:
- fighting multiple lawsuits including at least two class action matters
- staving off congressional hearings and the release of embarrassing documents
- answering press inquiries over why USCIS skipped security clearances during a time when the US is under threat of a major terrorist attack
One would hope that common sense would outweigh USCIS' anti-immigrant instincts. Like an addict that's out of control, it's time for an intervention.
http://blogs.ilw.com/gregsiskind/
An alert reader sent me the following this morning. Miriam Jordan of the WSJ is reporting
Looking to resolve a messy immigration tangle, the U.S. government is close to announcing that it will accept at least some applications for work-based green cards that were filed by thousands of skilled workers in early July at the government's invitation and then abruptly rejected.
This would be hugely disappointing news if true and, according to a source, this was NOT the deal on the table over the weekend. It also will fail to address the three crises facing USCIS:
- fighting multiple lawsuits including at least two class action matters
- staving off congressional hearings and the release of embarrassing documents
- answering press inquiries over why USCIS skipped security clearances during a time when the US is under threat of a major terrorist attack
One would hope that common sense would outweigh USCIS' anti-immigrant instincts. Like an addict that's out of control, it's time for an intervention.
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sp99
08-18 02:38 PM
And for contract yes they have 1 year contract though they didn't send me any documentation for that ...but it is like if u break within 1 year u will need to pay $20 for the remaining months..they say they will cut from my credit card everymonth...
more...
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justareader
09-14 02:49 PM
Count me in !
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immi2006
10-21 11:40 PM
I do not think so, even though you have two application , there will be only 1 A# for each applicant.
We got only 1 FP notice for each of us. Our case is slightly different. I filed for myself and my wife. My wife filed for herself.
We did not apply for EAD and AP, through my wife. I applied from my side for both of us.
OK, everyone knows that double I485 was not a good idea. However, many people had done it and I was one who was thinking of it, but did not do it. As per my attorney's advise, stopping a check issued to a governmental entity is not legal. On these grounds, I decided not to file 2nd time.
I guess the best way would be to withdraw the second petition. One can do that by writing a letter stating the reason for withdrawal and sending it to the appropriate service center (with tracking number.) Of course, the reason should be true, "Due to the July Visa Bulletin fiasco and indications that my first I485 could have been lost, I sent out a second application which is should not be considered anymore," or something like that. Withdrawal of the second I485 would, most likely, be the safest way to go about it.
Regards,
We got only 1 FP notice for each of us. Our case is slightly different. I filed for myself and my wife. My wife filed for herself.
We did not apply for EAD and AP, through my wife. I applied from my side for both of us.
OK, everyone knows that double I485 was not a good idea. However, many people had done it and I was one who was thinking of it, but did not do it. As per my attorney's advise, stopping a check issued to a governmental entity is not legal. On these grounds, I decided not to file 2nd time.
I guess the best way would be to withdraw the second petition. One can do that by writing a letter stating the reason for withdrawal and sending it to the appropriate service center (with tracking number.) Of course, the reason should be true, "Due to the July Visa Bulletin fiasco and indications that my first I485 could have been lost, I sent out a second application which is should not be considered anymore," or something like that. Withdrawal of the second I485 would, most likely, be the safest way to go about it.
Regards,
more...
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gsc999
09-10 01:33 AM
It is recommended that we wear formal suits while meeting with the lawmakers to project a professional image.
Having said that, like a theater artist, we will need to make a change to IV T-shirts for the rally & while doing volunteer work.
You guys can still order from the CafePress and receive the delivery by Friday night, try expedited shipping options.
Hope this helps.
Having said that, like a theater artist, we will need to make a change to IV T-shirts for the rally & while doing volunteer work.
You guys can still order from the CafePress and receive the delivery by Friday night, try expedited shipping options.
Hope this helps.
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coolmanasip
07-19 09:58 AM
By "resident" you mean its an AOS case and not Counsulate processing right? Meaning he is in US and submitting AOS application right? yes, he has been here for 5 yrs on h1b and his wife was on H4 when he claimed some of her tuition under 8863
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wrsquared
October 27th, 2003, 06:37 PM
...It's also worth noting that there is no trace of the "rule of thirds" in that image.
Much of the above applies to this one, which I put online this evening:
http://web.mw.net/dphoto.us/members/displayimage.php?album=13&pos=0
Don
I'd entitle this one "Fuzzy Colors" or "5-O'clock Shadows on Upholstery"
I've GOT to get a macro lens. It obviously opens a completely new world of stuff to see. My wife's gonna toss me out on my ear. I may have to come crash at your place for a while....a doghouse would be fine...that's where I spend a lot of time anyway.
-Will-
Much of the above applies to this one, which I put online this evening:
http://web.mw.net/dphoto.us/members/displayimage.php?album=13&pos=0
Don
I'd entitle this one "Fuzzy Colors" or "5-O'clock Shadows on Upholstery"
I've GOT to get a macro lens. It obviously opens a completely new world of stuff to see. My wife's gonna toss me out on my ear. I may have to come crash at your place for a while....a doghouse would be fine...that's where I spend a lot of time anyway.
-Will-
sobers
02-08 02:58 PM
Intel chairman calls for immigration reform (Financial Times/ Feb 7, 2005)
http://msnbc.msn.com/id/11221265/
Craig Barrett, chairman of Intel, the world's largest semiconductor maker, called for comprehensive immigration reform to make the US more competitive, during a live question-and-answer session on FT.com.
Mr Barrett, one of a number of technology leaders including Bill Gates to have criticised restrictions on foreign workers in the US, said the first step in simplifying the immigration process would be "to replace the current arbitrary quota system with an open market type approach".
The US's H1-B visa allows foreign engineers and scientists to work on a temporary basis in the US but is capped at 65,000 a year. Mr Barrett said this was inadequate: the current quota had been exhausted and there could be no new admissions until another came into effect in October this year.
Mr Barrett said demand was also greater than supply for green cards that allowed permanent employment, with the cap at 140,000 a year and long processing delays meaning individuals having to wait up to seven years to obtain one.
"These arbitrary caps undercut business's ability to hire and retain the number of highly educated people in the fields where we need to maintain our leading position," he said.
"Instead of arbitrary caps, a market-based approach that responds to demand is needed."
The tabular content relating to this article is not available to view. Apologies in advance for the inconvenience caused.
Mr Barrett was asked by an Intel employee why his company had stopped sponsoring its workers for green cards between 2001 and 2004. The Intel chairman said this was during the longest and deepest recession in the semiconductor industry. It had been waiting for business conditions to improve before resuming the process.
"We should just staple a green card to every advanced degree granted to a foreign national from a US university in science and engineering," he said in another answer.
Mr Barrett also advocated improvements in the US education system to make America more competitive in technology fields.
"Today, we compare ourselves to our neighbours � California to Arizona, Texas to Florida, etc. We do not compare ourselves to the rest of the world and recognise that the bar of achievement, the level necessary for competitiveness is continually being raised."
Craig Barrett: America should open its doors wide to foreign talent
--------
IV Moderators- please use this information in your presentations.
http://msnbc.msn.com/id/11221265/
Craig Barrett, chairman of Intel, the world's largest semiconductor maker, called for comprehensive immigration reform to make the US more competitive, during a live question-and-answer session on FT.com.
Mr Barrett, one of a number of technology leaders including Bill Gates to have criticised restrictions on foreign workers in the US, said the first step in simplifying the immigration process would be "to replace the current arbitrary quota system with an open market type approach".
The US's H1-B visa allows foreign engineers and scientists to work on a temporary basis in the US but is capped at 65,000 a year. Mr Barrett said this was inadequate: the current quota had been exhausted and there could be no new admissions until another came into effect in October this year.
Mr Barrett said demand was also greater than supply for green cards that allowed permanent employment, with the cap at 140,000 a year and long processing delays meaning individuals having to wait up to seven years to obtain one.
"These arbitrary caps undercut business's ability to hire and retain the number of highly educated people in the fields where we need to maintain our leading position," he said.
"Instead of arbitrary caps, a market-based approach that responds to demand is needed."
The tabular content relating to this article is not available to view. Apologies in advance for the inconvenience caused.
Mr Barrett was asked by an Intel employee why his company had stopped sponsoring its workers for green cards between 2001 and 2004. The Intel chairman said this was during the longest and deepest recession in the semiconductor industry. It had been waiting for business conditions to improve before resuming the process.
"We should just staple a green card to every advanced degree granted to a foreign national from a US university in science and engineering," he said in another answer.
Mr Barrett also advocated improvements in the US education system to make America more competitive in technology fields.
"Today, we compare ourselves to our neighbours � California to Arizona, Texas to Florida, etc. We do not compare ourselves to the rest of the world and recognise that the bar of achievement, the level necessary for competitiveness is continually being raised."
Craig Barrett: America should open its doors wide to foreign talent
--------
IV Moderators- please use this information in your presentations.
bostonian28
02-17 08:09 PM
As far as I can see Yates memo is what is addressing this issue specifically, based on that I think you should be good, i.e your current employer cannot revoke 140 (please see yates memo)......
It is my opinion....
It is my opinion....
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