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10-22 09:34 AM
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Ann Ruben
02-23 04:44 PM
Even though you entered under the VWP, and even though you remained here after your I-94 expired, you can file for AOS based on your marriage to a US Citizen.
Your wife is required to provide an affidavit of support. However, if her income and/or resources combined with your income/resources are insufficient, you can rely on a second affidavit from someone willing to be a "co-sponsor". The co-sponsor must be: a US Citizen or Permanent Resident, over 18 years old, and domiciled in the US.
Your wife is required to provide an affidavit of support. However, if her income and/or resources combined with your income/resources are insufficient, you can rely on a second affidavit from someone willing to be a "co-sponsor". The co-sponsor must be: a US Citizen or Permanent Resident, over 18 years old, and domiciled in the US.
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rajmehrotra
12-21 02:07 PM
First we need to contact the madam @ 10 Janpath. Without her choreography Papa singh won't dance and neither will the daughter.
( Papa Singh isn't helping us much! It would be naive to assume his daughter will help us because of who her Papa is)
Please think:
A. WHY will ACLU assist us? Only because Ms. Singh is there?
B. WHY should Dr. Singh or Mrs. Gandhi assist us? We are trying to emigrate FROM India, NOT immigrate to India, after all.
C. Please do not formulate random "minority community" statements. It is kind of ironic to do so, given the fact that we, the EB immigrants, are usually parts of various minority communities in the U.S., and are desperately trying to make our case to the power structure here...
( Papa Singh isn't helping us much! It would be naive to assume his daughter will help us because of who her Papa is)
Please think:
A. WHY will ACLU assist us? Only because Ms. Singh is there?
B. WHY should Dr. Singh or Mrs. Gandhi assist us? We are trying to emigrate FROM India, NOT immigrate to India, after all.
C. Please do not formulate random "minority community" statements. It is kind of ironic to do so, given the fact that we, the EB immigrants, are usually parts of various minority communities in the U.S., and are desperately trying to make our case to the power structure here...
more...
shahsahil
04-17 12:31 AM
Hi
I am new to this group. I have a question regarding my PERM case.
MY PERM case is pending in DOL from last 10 months. I find this very
unusual.
Anybody heard about such a long pending case?
Are there any suggestion for following up on my PERM case?
Any advise will be useful.
Thanks
-Sahil.
I am new to this group. I have a question regarding my PERM case.
MY PERM case is pending in DOL from last 10 months. I find this very
unusual.
Anybody heard about such a long pending case?
Are there any suggestion for following up on my PERM case?
Any advise will be useful.
Thanks
-Sahil.
stirfries
12-01 09:11 PM
via regular mail. There is no tracking available. If it is lost, it is lost. That is what I hate about both the EAD and AP process.:mad:
In my experience, the AP has been received anywhere from 4 days to 7 days after "the document has been mailed" notice.
4 days - 7 days after "document has been mailed" update?
Sounds discouraging BUT from my experience and from my RESEARCH on this forum, I also think that, 4 - 7 days is the normal receipt time. In my case, unfortunately, its been 12 days already. :(
But, SS777 states, he has experienced anywhere from 3 - 20 days. I will take that. :)
Can others please chime in with their experience in terms of how many days they had to wait once they noticed their case status was changed to, "Document has been mailed"?
Your response much appreciated.
Thanks,
In my experience, the AP has been received anywhere from 4 days to 7 days after "the document has been mailed" notice.
4 days - 7 days after "document has been mailed" update?
Sounds discouraging BUT from my experience and from my RESEARCH on this forum, I also think that, 4 - 7 days is the normal receipt time. In my case, unfortunately, its been 12 days already. :(
But, SS777 states, he has experienced anywhere from 3 - 20 days. I will take that. :)
Can others please chime in with their experience in terms of how many days they had to wait once they noticed their case status was changed to, "Document has been mailed"?
Your response much appreciated.
Thanks,
more...
fromnaija
02-20 12:36 PM
Labor substitution is DEAD and therefore it is no longer possible for you to use the labor certification approved for a different employee.
Hi,
i would like to convert EB3- pd to Eb2.
My sistuation is like this . pls help mw if you know if this is possible:
1.With My current employer :I have EB2- labor approved and i-140 also approved with PD of sep 2005.
2. My current employer has Eb-3 approved labor with PD of june 2003 of some other employee and can be substituted for me and get I-140 approval.
Now question is : Is it possible to port PD of the Eb-3 approved labor substituion and after i-140 approval of substituted labor to my EB-2 labor.
If it is possible how exactly PD is convertible..means will the attorney need to mention to use PD of EB-3 at the time of applying I-485.
When exactly can apply for PD conversion..at the time of applying i-485 or i-140 ..
If somebody clarify me that is great .
Thanks
Hi,
i would like to convert EB3- pd to Eb2.
My sistuation is like this . pls help mw if you know if this is possible:
1.With My current employer :I have EB2- labor approved and i-140 also approved with PD of sep 2005.
2. My current employer has Eb-3 approved labor with PD of june 2003 of some other employee and can be substituted for me and get I-140 approval.
Now question is : Is it possible to port PD of the Eb-3 approved labor substituion and after i-140 approval of substituted labor to my EB-2 labor.
If it is possible how exactly PD is convertible..means will the attorney need to mention to use PD of EB-3 at the time of applying I-485.
When exactly can apply for PD conversion..at the time of applying i-485 or i-140 ..
If somebody clarify me that is great .
Thanks
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yagw
09-26 07:27 PM
This is disheartening...
Don't be. You will be current in Oct and I believe going forward (chances of retrogressing to 2005 is very slim if at all there is any retrogression).
That said, don't wait for USCIS. Be proactive and do all you can. I would suggest
1. Calling the USCIS customer service (get hold of level 2 rep by telling the level 1 your case is outside normal processing time) and try to get the status of your case. Might take few tries before you can get some info.
2. Open an SR.
3. Do the above for your dependents if any.
4. Make infopass (you have already done this).
5. Contact local congress man/woman.
6. Send mail to CIS Ombudsman
7. If your security check is not cleared yet, you can contact FBI (by phone) and find out the status.
(more information on all these can be gotten from simple google search. If not, post here and some one here should be able to help you.)
Good luck.
Don't be. You will be current in Oct and I believe going forward (chances of retrogressing to 2005 is very slim if at all there is any retrogression).
That said, don't wait for USCIS. Be proactive and do all you can. I would suggest
1. Calling the USCIS customer service (get hold of level 2 rep by telling the level 1 your case is outside normal processing time) and try to get the status of your case. Might take few tries before you can get some info.
2. Open an SR.
3. Do the above for your dependents if any.
4. Make infopass (you have already done this).
5. Contact local congress man/woman.
6. Send mail to CIS Ombudsman
7. If your security check is not cleared yet, you can contact FBI (by phone) and find out the status.
(more information on all these can be gotten from simple google search. If not, post here and some one here should be able to help you.)
Good luck.
more...
dan19
09-11 04:14 PM
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vishwak
11-12 07:46 AM
Consult your Attroney. If HR files for H1B (In some of Companies), please do Hire nice Attorney.
My advise: If you are sending Originals, Take 2 copies and get Notarized and save them safely. If you need them in urgency you can always use Notarized ones.
Please keep updating the Thread with developments which might help others.
My advise: If you are sending Originals, Take 2 copies and get Notarized and save them safely. If you need them in urgency you can always use Notarized ones.
Please keep updating the Thread with developments which might help others.
more...
IneedAllGreen
02-23 01:23 PM
My Wife is attending her graduate school here. There is no need to show other than H4 visa and in most states you can have resident fees paid for your spouse study. More you can get information from the school you are intersted for H4 visa holder. Hope this help you.
Thanks
IneedAllGreen
Thanks
IneedAllGreen
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snathan
02-23 08:13 PM
Hi,
Im from India and joined the company 4 years back as Programmer/Analyst. I have an Bachelors in Computer Science (3 Yrs) + MCA (3 Yrs) and experience of 4 years & 8 months before joining the company. The company field for GC under EB3, priority date: November 2008 and I-140 approved date: November 2009.
With nearing 9 years of experience company promoted me to Sr. Programmer/Analyst consultant and is ready to file the case in EB2.
My question:
1. My priority date from EB3 is November 6, 2008. So after approval of fresh labor for EB2, can the new I-140 for EB2 be filed with the old priority date of EB3 ?
2. Can the same company hold two I-140 for the same employee? That is keep the EB3 I-140 active and apply for EB2 I-140 till the EB2 clears/approves ?
3. The designation & job duties can be the same as that of EB3 or need to be changed.
Thanks in advance!
1. You cannot use the experience gained from the current employer...
2. You need to have MS+2 or Bachlor+5 years progressive experience before joining your current employer. You are short of 4 months for 5 years progressive experience and definitely USCIS will not appcept.
3. Also you will have tough time, if you PERM requires bachlor and you do not have four years single source degree. So its importent what the requirement on the PERM is.
So I am seeing you are going to have tough time to get EB2. But you will get the PERM approved and will face issues during I-140.
Im from India and joined the company 4 years back as Programmer/Analyst. I have an Bachelors in Computer Science (3 Yrs) + MCA (3 Yrs) and experience of 4 years & 8 months before joining the company. The company field for GC under EB3, priority date: November 2008 and I-140 approved date: November 2009.
With nearing 9 years of experience company promoted me to Sr. Programmer/Analyst consultant and is ready to file the case in EB2.
My question:
1. My priority date from EB3 is November 6, 2008. So after approval of fresh labor for EB2, can the new I-140 for EB2 be filed with the old priority date of EB3 ?
2. Can the same company hold two I-140 for the same employee? That is keep the EB3 I-140 active and apply for EB2 I-140 till the EB2 clears/approves ?
3. The designation & job duties can be the same as that of EB3 or need to be changed.
Thanks in advance!
1. You cannot use the experience gained from the current employer...
2. You need to have MS+2 or Bachlor+5 years progressive experience before joining your current employer. You are short of 4 months for 5 years progressive experience and definitely USCIS will not appcept.
3. Also you will have tough time, if you PERM requires bachlor and you do not have four years single source degree. So its importent what the requirement on the PERM is.
So I am seeing you are going to have tough time to get EB2. But you will get the PERM approved and will face issues during I-140.
more...
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asekhon
06-18 11:31 AM
Find a colleague, who can say what you worked on etc. on a plain paper. The colleague, could very well be working somewhere else and doesn't need to be a current employee.
If you can get a letter from your employer saying what dates you worked there, you can attach letter from your colleague with it.
Also, if he is saying point blank...no letters. I hope you have W2 and income statements that you can furnish to prove your employment.
If you can get a letter from your employer saying what dates you worked there, you can attach letter from your colleague with it.
Also, if he is saying point blank...no letters. I hope you have W2 and income statements that you can furnish to prove your employment.
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mahathi
05-11 06:24 PM
The problem is I only have single entry visa to Canada. So if I go out I cannot come back without visitors visa to canada.
I am scared about that as well.
So, if the consulate decides to issue me the visa, can I get it stamped in India?
Your reply is much appreciated.
I am scared about that as well.
So, if the consulate decides to issue me the visa, can I get it stamped in India?
Your reply is much appreciated.
more...
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gcpain
03-29 08:22 AM
I agree although absolute aim is getting GC , But It is too vague to put as a clearly defined objective.
Whereas asking for "current Priority Date for every category above EB3" clearly defines our goal.I think categories below EB3 is beyond the scope of this forum.
It is more complicated/different and there are forums which knows the issues clearly and are adressing them
We need to work towards all category of Employment Immigration like EB1, EB2 and EB3. Apart from other priorities including getting GC as early as possible, our top priority is applying I485,AP & EAD for all categories when they are not current.
DPSG: Again do not post any messages like for only EB2 or EB1. It has to be all EB categories.
Whereas asking for "current Priority Date for every category above EB3" clearly defines our goal.I think categories below EB3 is beyond the scope of this forum.
It is more complicated/different and there are forums which knows the issues clearly and are adressing them
We need to work towards all category of Employment Immigration like EB1, EB2 and EB3. Apart from other priorities including getting GC as early as possible, our top priority is applying I485,AP & EAD for all categories when they are not current.
DPSG: Again do not post any messages like for only EB2 or EB1. It has to be all EB categories.
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hydubadi
02-04 08:32 AM
I would suggest that you call the customer service number, since it is over 30 days, to find out what is going on.
I called customer service and was transfered to second level were I had to deal with a rude lady. I explained her my situation and her response was that, as its been 30 days it might have lost in mail and said, I have to apply for new AP with the fees again. i insisted to provide me with tracking number and asked for her manager for which she hanged out the phone on me. this how rude she was, it is such a shame on part of USCIS.
may be I will wait for more week and if it doesn't show up, will apply for new one. this is what you get for dealing with USCIS:mad:
I called customer service and was transfered to second level were I had to deal with a rude lady. I explained her my situation and her response was that, as its been 30 days it might have lost in mail and said, I have to apply for new AP with the fees again. i insisted to provide me with tracking number and asked for her manager for which she hanged out the phone on me. this how rude she was, it is such a shame on part of USCIS.
may be I will wait for more week and if it doesn't show up, will apply for new one. this is what you get for dealing with USCIS:mad:
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greenguru
03-31 03:26 PM
Yes. I applied for EB2 again in Jan 2009 and ported from EB3 to EB2.
So that is why it took me so long
So that is why it took me so long
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asekhon
06-18 11:31 AM
Find a colleague, who can say what you worked on etc. on a plain paper. The colleague, could very well be working somewhere else and doesn't need to be a current employee.
If you can get a letter from your employer saying what dates you worked there, you can attach letter from your colleague with it.
Also, if he is saying point blank...no letters. I hope you have W2 and income statements that you can furnish to prove your employment.
If you can get a letter from your employer saying what dates you worked there, you can attach letter from your colleague with it.
Also, if he is saying point blank...no letters. I hope you have W2 and income statements that you can furnish to prove your employment.
fcres
08-16 11:02 AM
I recently visited India in June 07. I didn't wanna go and waste a couple of dayz in chennai so wanted to use ma AP. While returnin I showed ma PP to the Immigration officer, he asked me where ma VISA was. I told him i have an AP and showed it to him.. He wasn't surprized. he just let me get in after stampin a seal on my PP.
At Germany (coz i flew via lufthansa) the lady asked my VISA again. I showed her my AP... she suddenly understood and asked me if i had applied for a GC. I said yes.. she signed a form and let me check in at the counter.
Its so simple no problem at all.
Happy Journey...
OT.. So are you working on H1 now for the same employer? Just wanted to make sure you can use AP to travel and work on H1 and don't have to use EAD.
At Germany (coz i flew via lufthansa) the lady asked my VISA again. I showed her my AP... she suddenly understood and asked me if i had applied for a GC. I said yes.. she signed a form and let me check in at the counter.
Its so simple no problem at all.
Happy Journey...
OT.. So are you working on H1 now for the same employer? Just wanted to make sure you can use AP to travel and work on H1 and don't have to use EAD.
st4rguitar
04-06 02:05 PM
My LCA was approved in July 2007.
My lawyer sent the I-14 application to USCIS in January 2008 before the 180 day period but my employer dated the USCIS fee check as 2005.
The USCIS returned the application asking us to re-send the application with a new check.
My lawyer sent the application again with a new check but by the time this application reached USCIS the 180 day period was over and USCIS returned the application again stating that my 180 period is over and they cannot accept the I-140 application now.
I am in the process of filing a fresh Labor Cert again. I guess now I will get a priority date of July 2008 and therefore I am losing 1 whole year in this process.
Is there a way out and will USCIS accept my application? The bad part here is the first application sent was before time but the check date was wrong.
All suggestions are highly appreciated.
I like roseball's suggestion here, although "not to be opened by mailroom" is sort of like writing "fragile" on a package - you get the person in a bad mood who will kick the fragile package - know what I mean?
Other than that, that just SUCKS for you. There's no other way of saying it, it just sucks. I'm sorry that happened to you.
My lawyer sent the I-14 application to USCIS in January 2008 before the 180 day period but my employer dated the USCIS fee check as 2005.
The USCIS returned the application asking us to re-send the application with a new check.
My lawyer sent the application again with a new check but by the time this application reached USCIS the 180 day period was over and USCIS returned the application again stating that my 180 period is over and they cannot accept the I-140 application now.
I am in the process of filing a fresh Labor Cert again. I guess now I will get a priority date of July 2008 and therefore I am losing 1 whole year in this process.
Is there a way out and will USCIS accept my application? The bad part here is the first application sent was before time but the check date was wrong.
All suggestions are highly appreciated.
I like roseball's suggestion here, although "not to be opened by mailroom" is sort of like writing "fragile" on a package - you get the person in a bad mood who will kick the fragile package - know what I mean?
Other than that, that just SUCKS for you. There's no other way of saying it, it just sucks. I'm sorry that happened to you.


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