gc_check
07-19 10:17 AM
I have to apply for my wife as my derivative of 485. My 485 was approved on July 8th 2010. Below is the timeline
July 1st - Applied Wife's 485
July 8th - My 485 was approved
July 13th - Wife's 485 Denied due to outdated forms
July 14th - My H1, Wife's H4 and I-94 Expired
July 19th - Planning on sending a new 485 application for spouse
I'm mainly concerned about two things
1. Is she out of status for 5 days from July 14th to 19th
2. Can I still apply her as a derivative, as my 485 is already approved.
Thank you,
You can still apply for 485 since your wife is in US and also their is a 180 days window you can apply for 485 even the primary is approved on certain cases, Contact an attorney and apply asap without any delay and also have a document with all details. It is still possible to file 485 for your spouse.
July 1st - Applied Wife's 485
July 8th - My 485 was approved
July 13th - Wife's 485 Denied due to outdated forms
July 14th - My H1, Wife's H4 and I-94 Expired
July 19th - Planning on sending a new 485 application for spouse
I'm mainly concerned about two things
1. Is she out of status for 5 days from July 14th to 19th
2. Can I still apply her as a derivative, as my 485 is already approved.
Thank you,
You can still apply for 485 since your wife is in US and also their is a 180 days window you can apply for 485 even the primary is approved on certain cases, Contact an attorney and apply asap without any delay and also have a document with all details. It is still possible to file 485 for your spouse.
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tinamatthew
07-21 02:00 PM
Thank you katrina for your response.
My fear is that if I have an interview, I would fall to pieces and get so nervous to answer questions.
I also wonder if my entries from 1986 will show up when they check the records.
It probably will not show up, but if you think you will be that nervous then you may want to get an attorney. But your case looks ok. You have maintained status since your last entry.
My fear is that if I have an interview, I would fall to pieces and get so nervous to answer questions.
I also wonder if my entries from 1986 will show up when they check the records.
It probably will not show up, but if you think you will be that nervous then you may want to get an attorney. But your case looks ok. You have maintained status since your last entry.
chanduv23
12-24 09:50 PM
There won't be chat on Thursday, 25th, December 2008 as it is Christmas.
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kevingonet796
03-26 04:01 AM
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--"Batch Mode" means that user can select the DVD titles/chapters they want to rip via checkbox list. This mode is very easy for batch ripping Music DVD's, MTV DVD's and Episodic DVD's.
2.Support almost all kinds of DVD to iPod format
3.Support for Subtitle Selection, eg. English Subtitle, French Subtitle ....
--Under "Direct Mode", through DVD menu.
--Under "Batch Mode", through DVD Title list.
4.Support for Audio Track Selection, eg. English audio track, French audio track.....
--Under "Direct Mode", through DVD menu.
--Under "Batch Mode", through DVD Title list.
5.Various kinds of video crop mode. eg. 16:9, 4:3, full screen and so on.
6.Various kinds of video resize mode, eg. "Keep aspect ratio" and "stretch to fix screen".
7.Support splitting output video by DVD chapters, and titles.
8.Fully support MTV DVDs and Episodic DVDs.
9.Support customize output video file size and video quality.
10.Provide flexible output profiles, user can easily customize the video properties.
11.Support Dolby, DTS Surround audio track.
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logiclife
07-11 12:32 PM
Then they have 2 choices:
1. They have to stay above the DOL's prevailing wage after all is considered. This can be done easily of they let go of their desire to make 40-60% profit margin. Many of them bill the guy at 40-50 dollars an hour(minimum) and then pay him 40-50K. That's 40% profit margin if he is paying benefits like health and vacation time. Cut down on that profit margin and then you can find ways to pay employees for full 12 months a year - on bench or productive - and still stay above the prevailing wages. And make up for loss of profit margin by increasing volume. Which means working harder, finding more capable and billable employees and treating them better for employee retention instead of other usual tactics(which I rather not mention here)
2. If they cannot do that then they should find something else to do where they can make profits without breaking the law.
1. They have to stay above the DOL's prevailing wage after all is considered. This can be done easily of they let go of their desire to make 40-60% profit margin. Many of them bill the guy at 40-50 dollars an hour(minimum) and then pay him 40-50K. That's 40% profit margin if he is paying benefits like health and vacation time. Cut down on that profit margin and then you can find ways to pay employees for full 12 months a year - on bench or productive - and still stay above the prevailing wages. And make up for loss of profit margin by increasing volume. Which means working harder, finding more capable and billable employees and treating them better for employee retention instead of other usual tactics(which I rather not mention here)
2. If they cannot do that then they should find something else to do where they can make profits without breaking the law.
ns007
01-04 09:37 AM
1. If you are paying for the GC process, then fire your attorney and get a new one who knows how to port the priority dates.
2. If employer is paying for it, ask them that you would pay for the second I-140.
3. If employer does not agree on either of the choices listed above:
a. File for EB3 I-140
b. Join a new employer and file a new EB2 labor and port your EB3 priority date.
They can't do that they are asking to make a choice .Per them porting eb3 priority date is not possible. I am not sure what are legal issues involved in porting the priority date. I am asked to make a choice either EB3 04 OR eb2 06.
2. If employer is paying for it, ask them that you would pay for the second I-140.
3. If employer does not agree on either of the choices listed above:
a. File for EB3 I-140
b. Join a new employer and file a new EB2 labor and port your EB3 priority date.
They can't do that they are asking to make a choice .Per them porting eb3 priority date is not possible. I am not sure what are legal issues involved in porting the priority date. I am asked to make a choice either EB3 04 OR eb2 06.
more...
pune_guy
10-05 02:39 PM
In my opinion you should be OK.
I think since you have filed I-485 you are in adjustee status so you need not even be working for the company that filed your GC.
Since your co. got acquired the new co. will have to do a H1 transfer and if USCIS raises any RFE regarding your I-485 app then the new co. can respond on behalf of the old co. with a letter saying that they have acquired the original filer co.
If you get called for an interview at the time of GC approval then again you can take a letter of job offer from the new co. along with the letter of acquisition and you should be OK.
I think since you have filed I-485 you are in adjustee status so you need not even be working for the company that filed your GC.
Since your co. got acquired the new co. will have to do a H1 transfer and if USCIS raises any RFE regarding your I-485 app then the new co. can respond on behalf of the old co. with a letter saying that they have acquired the original filer co.
If you get called for an interview at the time of GC approval then again you can take a letter of job offer from the new co. along with the letter of acquisition and you should be OK.
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rbalaji5
03-02 07:53 PM
I was in a similar situation, I got my I-94 renewed by went into the U.S - Mexico border near San Diego on 02/28/2009. It is the simplest way to get your new I-94 if you are near Mexico border.
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GCScrewed
11-13 03:07 PM
How come they have not posted the demand data for the Dec. bulliten? We need to make sure they post the information to prevent them from moving the date in consistent with their policy. Someone raised the question related to EB3 Mexco... one year vs. the rest 1 or 2 weeks. Mexico should have the slowest movement as its demand is very high based on the Nov. demand data. In addition, Mexico must have a lot of cases in the field office as they can't even predict its movement as indicated in the Dec. bulliten.
Bottom line... we need to closely monitor all the numbers... ideally reconcile them. Otherwise, their imcompetency and unethical behavior will mess up the bulliten again. :rolleyes:
Bottom line... we need to closely monitor all the numbers... ideally reconcile them. Otherwise, their imcompetency and unethical behavior will mess up the bulliten again. :rolleyes:
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txh1b
08-17 06:19 PM
Job title is secondary when it comes to AC21. The descriptions is what should match for the same/similar category. However, what a PM does in terms of planning and directing a team is not same/similar as what a Technical lead or Architect does, at least in the company that I work for.
more...
CADude
02-08 12:36 AM
Mean Nothing if you PD is not CURRENT. If your PD is current you will get GC Soon.:D
What I am asking is "what does processing date mean"?
Does it mean that they have started working on my application?
or that the cases on that date have been finalised either by way of approval OR denial ?
What I am asking is "what does processing date mean"?
Does it mean that they have started working on my application?
or that the cases on that date have been finalised either by way of approval OR denial ?
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transpass
08-04 11:17 AM
Hey, great example and at a good time.
....Now that PD is current for a large number of EB2s, you will see approvals coming randomly (not in order of PDs or RDs); largely due to inefficiency of USCIS. They simply dont have enough resources or mechanism to utilize current resources to deal with what they are dealing with. And so, we come across issues like these. It is unfortunate and sad that things at USCIS are running worse than any government office in third world countries....
May be we should suggest CIS that anyone of us at IV can VOLUNTEER for CIS so that they have more resources...
I think we can do a fantastic job in sorting the thousands of mail pieces according RD, PD, etc. In that way everyone will be happy...The immigrant community will be happy because now everything is in FIFO order and CIS will be happy because they cannot be blamed for approving cases haphazardly without following FIFO rule...:D
....Now that PD is current for a large number of EB2s, you will see approvals coming randomly (not in order of PDs or RDs); largely due to inefficiency of USCIS. They simply dont have enough resources or mechanism to utilize current resources to deal with what they are dealing with. And so, we come across issues like these. It is unfortunate and sad that things at USCIS are running worse than any government office in third world countries....
May be we should suggest CIS that anyone of us at IV can VOLUNTEER for CIS so that they have more resources...
I think we can do a fantastic job in sorting the thousands of mail pieces according RD, PD, etc. In that way everyone will be happy...The immigrant community will be happy because now everything is in FIFO order and CIS will be happy because they cannot be blamed for approving cases haphazardly without following FIFO rule...:D
more...
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santosh08872
12-02 10:06 PM
Thanks for sharing the great news, I am going to join on EAD for new job and at least one thing less to think about.
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Munna Bhai
01-18 12:51 PM
INS doesn't process Labor Certification. So it was either DOL who denied Labors or INS/USCIS who denied 140's. The latter is doubtful, because 140 is filed only with an approved Labor (except for EB1s and NIW), but everything is possible with USCIS. There is a will there is a way, there is no will there are excuses (not enough visas, too many of you, too few processing capacity, we gotta protect American workers from you, damn job stealers, etc.)
yes, everything is possible with USCIS but not at I-485 stage!! You can't say at I-485 why can't you hire americans?? They have to give different reason for denial.
yes, everything is possible with USCIS but not at I-485 stage!! You can't say at I-485 why can't you hire americans?? They have to give different reason for denial.
more...
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arnet
11-16 12:39 PM
if you file AOS (I-485) then only you will get EAD/AP benefits, but to file I-485 you need to stay in visa like H1B/H4. if you are H1B visa holder, you will eligible to file for it as prinicipal applicant but inorder for your spouse/dependents to qualify as dependent, she has to be in dependent visa (H4) at filing time, so F1 holder is considered as student not as dependent so they are not eligible to file.
Disclaimer: use it at your own risk, i'm not an immigration attroney, so please consult one for your situations as laws/procedures are changing often.
there is no isue while filing for I-485 also. when you file for AOS, F-1 status becomes invalid.But, you will get EAD and that will give you all the work authorization you need. You DO NOT have to change spouse back to H-4.
Disclaimer: use it at your own risk, i'm not an immigration attroney, so please consult one for your situations as laws/procedures are changing often.
there is no isue while filing for I-485 also. when you file for AOS, F-1 status becomes invalid.But, you will get EAD and that will give you all the work authorization you need. You DO NOT have to change spouse back to H-4.
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Humhongekamyab
05-14 03:56 PM
Hi,
My Employer has going to file for I-140 under EB2 catogery. I got Labor approved, but I just got call from my Lawer, he was saying that my Education is not being equivalent as US Graduation. He was saying that for GC we can't use work experiance to make this equivalent.
Please advice, what to do?
Here are the details about my education.
Education:
Matriculation : 10 years education
Intermediate : 3 years Diploma (Associate Engineer)
Graduation : 3 years Degree (Comp. Science.)
Experiance:
Aprox. 8 years
Thanks in advace.
:)
Shujaat
Shujaat, you might be better off in being safe than sorry. I've read in the forums that US CIS is strictly interpreting EB-2 regulation so you might be better of in going with EB-3. For EB-2 they prefer single four year degree. Your lawyer would know the best.
My Employer has going to file for I-140 under EB2 catogery. I got Labor approved, but I just got call from my Lawer, he was saying that my Education is not being equivalent as US Graduation. He was saying that for GC we can't use work experiance to make this equivalent.
Please advice, what to do?
Here are the details about my education.
Education:
Matriculation : 10 years education
Intermediate : 3 years Diploma (Associate Engineer)
Graduation : 3 years Degree (Comp. Science.)
Experiance:
Aprox. 8 years
Thanks in advace.
:)
Shujaat
Shujaat, you might be better off in being safe than sorry. I've read in the forums that US CIS is strictly interpreting EB-2 regulation so you might be better of in going with EB-3. For EB-2 they prefer single four year degree. Your lawyer would know the best.
more...
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txuser
03-12 06:27 AM
You need to go to https://efiling.uscis.dhs.gov/efile/ and create an account for e-filing your petition.
I-539 Form and Instructions (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=94d12c1a6855d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1 RCRD)
I-765 Form and Instructions (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=73ddd59cb7a5d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=7d316c0b4c3bf110VgnVCM1000004718190a RCRD)
When you actually do the e-filing, the system will ask you if you want to file I-765 concurrently. You should say yes it will prompt you with the details for filing I-765.
I-539 Form and Instructions (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=94d12c1a6855d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1 RCRD)
I-765 Form and Instructions (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=73ddd59cb7a5d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=7d316c0b4c3bf110VgnVCM1000004718190a RCRD)
When you actually do the e-filing, the system will ask you if you want to file I-765 concurrently. You should say yes it will prompt you with the details for filing I-765.
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snathan
02-03 02:24 PM
Abbe fairyangel ,
Who the hell are you to tell to leave and all..Remeber one or the other day we have to go thru bad time. Nothing is secured in this country...For a matter of fact you may as well loose your job, andif you dont get a job in the next 180 days will you leave ?..And the answer is NO.
Stop blady shit...and concentrate on yor work....mental Ididiot
Niceguy
Mr.Matt krusse...how many ids you create SOB. Why dont you concentrate on your work if you have one....
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Who the hell are you to tell to leave and all..Remeber one or the other day we have to go thru bad time. Nothing is secured in this country...For a matter of fact you may as well loose your job, andif you dont get a job in the next 180 days will you leave ?..And the answer is NO.
Stop blady shit...and concentrate on yor work....mental Ididiot
Niceguy
Mr.Matt krusse...how many ids you create SOB. Why dont you concentrate on your work if you have one....
http://www.fotosearch.com/CSP036/0365753/
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kinvin
04-07 11:32 AM
yes
you have to through the appointment et al.
you have to through the appointment et al.
wandmaker
02-04 02:32 PM
How do I can contact NSC to know what the hell are they doing with my I-140? Guys share your experience so we all can prevail this another backlog mess.
You are merely a beneficiary of 140 application, the petitioner is your GC sponsoring company - only the company or representative has the authority to make inquiries. First step, you should ask your attorney or company to call USCIS and mention that your 140 is outside processing time and also you had responded to an RFE , it has passed standard response/decision time (usually 60 days) - ask the CSR to open an SR. For the most cases that I know, this has triggered a decision with in 45 days from the date of SR. Hope this helps.
You are merely a beneficiary of 140 application, the petitioner is your GC sponsoring company - only the company or representative has the authority to make inquiries. First step, you should ask your attorney or company to call USCIS and mention that your 140 is outside processing time and also you had responded to an RFE , it has passed standard response/decision time (usually 60 days) - ask the CSR to open an SR. For the most cases that I know, this has triggered a decision with in 45 days from the date of SR. Hope this helps.
smuggymba
08-19 10:35 AM
Really! ... dude go around and look at forum, than tell me how every other post is 100% directed towards Immigration.
If you had read the link, you would have been educated on avoiding scams that could happen with you or your loved ones in future. Next time pay attention before you reply!
No where in the news piece it's mentioned that he is on Indian origin. Your headline says - Indian Origin doc.................
Really dude...LOL. Grow up
If you had read the link, you would have been educated on avoiding scams that could happen with you or your loved ones in future. Next time pay attention before you reply!
No where in the news piece it's mentioned that he is on Indian origin. Your headline says - Indian Origin doc.................
Really dude...LOL. Grow up
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