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pappu
07-22 10:50 AM
It is a bit early. No checks will be cleared except the legal fee checks. :)
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aranya
07-03 06:30 PM
So I have to join the new employer only after the new I-140 is approved right..my current I-140 is already approved..

You can move to a new employer and start EB-2 (PERM based LC, I-140 etc.) with them. You can still retain the old PD because your I-140 has been approved.
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jelo
06-15 05:28 PM
My husband is the primary applicant for our GC application and he's on bench since Feb 2009. We have valid EAD and AP's. We are planning to travel using our AP for a 3 week visit to India.
Our question....Is it sensible to travel on AP him being unemployed?

This is my openion.

Your husband is no more on H1b and liable to use EAD on his next job.
AP is based on pending I485, you do not have to work and legally present in US as long as 485 is pending. Since your pending I485 is based on future job, POE IO might ask for the EVL letter from the sponsoring employer to check the integrity of the case, though not very common.
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GCwaitforever
03-20 10:42 PM
Take the EB3 job if it pays good money and provides quality experience. You can always interfile later on and switch to EB2 if EB2 is progressing quicker. We do not know which horse is going to run fast at this moment.;)
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pappu
07-22 10:50 AM
It is a bit early. No checks will be cleared except the legal fee checks. :)
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raysaikat
07-13 02:36 AM
Hi Raysakat

Thanks for the quick and helpful reply. Just to clarify a bit more, can i still file for I-140 with her being primary(as cross chargibility is applied)


You need to be the primary applicant in the I-140 (I am assuming that you are the one whose employer is filing I-140). Then you can use either spouse's country of birth for chargeability (which in your case would be UAE) for I-485 (I-485's are individual: for her I-485, she will use her country of birth; for your I-485, you will use your spouse's country of birth).


while she is on F1 or wold it lead to conflict in visa status?

As I said, once I-485 is filed for her, I believe that her F1 status would cease to exist and her status will become AOS. But you need to get confirmation from a lawyer on that.

SHe does not exits on my PERM application, but she is currently with me on H4, suggesting her intent to immigrate with my PERM application
Thanks

Not sure what you mean. If the PERM application asked you to list your dependents, and if you were married that time, you must have put her name as a dependent.

As for immigration intent: H visa is dual intent. I think she would be fine until I-485 is submitted on her behalf. If she enters the country on F1 visa (therefore expressing non-immigration intent), then it may be wise to wait for 60-90 days after the date of admission before submitting I-485 (and hence expressing immigration intent). I do not know what are the rules/precedence if she changes status in the country and does not travel.
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sangmami
06-07 05:03 PM
guys..can any1 update what happend in senate as for as the bill is concerned.I was out for sometime and when i came back i am listening to stem cell research
Thanks
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senthil1
03-28 03:08 PM
A small amendment for this bill could make everyone including high skilled and low skilled happy.

Have arrived here at the age of 75 or under;
Delete the section Serve in the military or attend college for at least two years

Portions of DREAM bill introduced in both houses say that children of ilegal immigrants will be allowed pathway to citizenship if;
Have arrived here at the age of 15 or under;
Have lived in the U.S. for at least 5 years;
Graduate from high school;
Serve in the military or attend college for at least two years; and
Have good moral character.

Now our children (children of legal immigrants)? do they qualify under any of these that are cited above? Infact yes, they do under all of these. If they can introduce bills to consider the children of undocumented / ilegal immigrants, why is there no pathway for citizenship for the children of legal immigrants? Ofcourse they fall under our petitions, but they should be given priority over the others, particularly since their parents pay the most tax/social security etc etc.
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uppaji
06-15 12:30 PM
Writing to news papers will definitely makes some impact. I am writing my letter just now.
Uppaji.
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Hinglish
03-05 12:18 PM
My wife had Henna on her hand when she went for her FP. The officer asked her did not take her finger prints and asked her to send that letter to their office by mail for re-scheduling the appointment. She sent the letter and got another appointment within 40 days. No problems in the second appearance.

That is stupid .... how does having henna affect fingerprints???
I think that officer didnt have any common sense left .... but then who are we to argue
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arihant
05-25 07:34 PM
There was no provision for validating visas in the US, at least not in our Brownback amendment. I am not aware of that being a rider on any other amendment -- but I wouldnt' rule it out

We will have to do a post-final-bill-with-amendments analysis.

Please hold on till that becomes available.

Thanks,
Berkeleybee

It was in Cornyn ammendment.
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girishvar
08-12 07:25 AM
Go Green Go

Guys,

I got my approval today after the CP appointment. I am still waiting for my passports though. I will update you guys with details once I receive my passports.
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485_se_dukhi
07-20 03:03 PM
This link shows which senators supported and which ones opposed the bill.

http://www.senate.gov/legislative/LIS/roll_call_lists/roll_call_vote_cfm.cfm?congress=110&session=1&vote=00266

This motion was defeated by a very narrow margin (5 votes)... and you can see that exactly 5 senators abstained.

So, what this implies that some effort needs to go to contacting fence sitters and apprise them of our views and hopefully, get them to support us.

Would appreciate guidance from core team on this....
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GCwaitforever
07-12 08:41 AM
I expected Rep. Ed Royce to come hard on Labor Secretary Elaine Chao to improve performance of USCIS, taking your question as a cue. Thats what I would expect from a true leader. Not any circumvoluted responses.

Next time, please ask a specific question which elicits yes/no response like his position on SKIL bill and if he would vote in support of it. No more spin on illegal immigration to not support legal immigration. Then it will show how supportive of he is for immigration.

After 9/11, former INS functions of border security went to Dept. of Homeland Security. USCIS is solely for immigration processing only. This reorganization should have improved performance of USCIS. Instead, we see the more delays, hear more stories, and fudged measurement criteria to show USCIS in good light to the Congress inspite of the poor performance.
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aniraj
07-31 11:42 PM
I-485 pending with PD June 07 & valid EAD
Is it possible to apply for FAFSA for student aid as they require Green Card or US citizenship?
I see on FAFSA website one catagory as eligible non-citizens which includes applicants with I-94 & with atleast 1 yr parole validity.
Is this the same parole as I-131?
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mzafar125
11-07 04:08 PM
I spoke with my lawyer again and he said that we are fine using the experience on my current job. The company that is petitioning my application is where I got most of the experience mentioned in my labor. What do you recommend I do at this point ?

I will try and talk to another lawyer and get their views on this issue. Can I retain my priority date and file under perm at this stage. I am so stressed, I waited four years for my labor and it is about to go to hell. :mad:
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cdeneo
03-25 08:55 PM
Hi there,

I had a quick question on the best/quickest way to mail Advance Parole paper filing application to USCIS:

I would like to get some sort of tracking but the address I had was a PO Box in Nebraska.

I am guessing I would need to use USPS to mail the package - what kind of mailing do I need to do so that it reaches quickly and I get tracking that it got delivered to USCIS.

My concern was that whether sign on receipt option would work or not given that this is a PO Box address.

I would really appreciate your input on this. Thanks!
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abheja
08-25 03:40 PM
Thanks so much for your quick response. Yes, I am planning to start EB2 from scratch since there is no relief in EB3. So, I will have to convince the company to bear the cost :(
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mmeshref
12-02 06:10 PM
My wife is not on AOS status, she's only H4, what I am asking about here, if I used AP would this void her H4? Because as far as I understand, her H4 status will only be void if I used my EAD not AP
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pappu
09-18 05:23 PM
If any IV member works in the university, could you find out if there are any Indian and chineese assistant professors that have joined in the recent past. Such people might have applied in EB2 through university and will be retrogressed.

Also pls get in touch with post-docs in your universities and inform them about IV. Hopefully some of them might be willing to help us with the interview.
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RamBihari
02-23 05:25 PM
I successfully ported from EB3 to EB2 in the same company while on EAD

Now i am working on the new Eb2 position using the EAD obtained from the EB3 position. I have still not filed my Eb2 485 since dates are not current (priority date jan 2007)

The new Eb2 job description was similiar to Eb3 but the difference was that now it required masters degree and 1 year experience. This is becasue of more resposnitlity and supervisory role in the eb2 position. Also natural progression...

I qualified for the Eb2 position without using the Experience gained in the existing company. I had masters and previous experience which was used for qualification....


Also the older Eb3 position does not exist as it was modified to the new Eb2 position as the role now required more complexity...

Sharing my experience and wondering if everything is ok with my current situation? I do not have a h1b. I still work on EAd obtained from the Eb3 app and travel on AP and have not had any issues yet....


Hopefully you'll get green card in July.
Porting is not that big of an issue as it may seem, its just matter of employer being willing to cooperate with applicants, rest of things falls into place itself.
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