IV2007
07-30 10:37 AM
Guys,
My undertstanding is, if one is a primary applicant on EAD and he/she starts studying full time, one need to pay taxes (like saying working part time or doing business, etc...).
Once school is complete one needs to get back to same position or higher as an EAD applicant.
I am also looking for concrete answers/confirmation on this.
Tried to post a mesg to attorney on this forum but the post was closed. :(
Anyone know for sure how to handle this situation. Or anyone did this and still got GC ??
Thanks
shree
My undertstanding is, if one is a primary applicant on EAD and he/she starts studying full time, one need to pay taxes (like saying working part time or doing business, etc...).
Once school is complete one needs to get back to same position or higher as an EAD applicant.
I am also looking for concrete answers/confirmation on this.
Tried to post a mesg to attorney on this forum but the post was closed. :(
Anyone know for sure how to handle this situation. Or anyone did this and still got GC ??
Thanks
shree
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i99
09-26 01:09 PM
Almost all threads I see indicate that NSC is behind far more than others.
HOPE_GC_SOON
03-28 10:15 AM
guys, Murthy says EB2 will move forward in May 2008 bulletine. Reason is getting leftover visa from EB1 India's category.
http://murthy.com/bulletin.html
hoping big forward move.:D
Hi Dipika;
This is good News.. Quite encouraging to spend the weekend off with some motivation/ happiness.
Do We have any statsitstics, as to how many Visa Nos. could have been Spilled off from unused EB1 and how many India / Chia may share out of it. That would give clear picture to this Speculation.
Gurus: Any Link/ Previous threads, Explaining No. of EB2 cases.. Interesting stuff to analyze during the weeknd.
Thanks again for all the team work
http://murthy.com/bulletin.html
hoping big forward move.:D
Hi Dipika;
This is good News.. Quite encouraging to spend the weekend off with some motivation/ happiness.
Do We have any statsitstics, as to how many Visa Nos. could have been Spilled off from unused EB1 and how many India / Chia may share out of it. That would give clear picture to this Speculation.
Gurus: Any Link/ Previous threads, Explaining No. of EB2 cases.. Interesting stuff to analyze during the weeknd.
Thanks again for all the team work
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NolaIndian32
02-13 02:03 PM
This is one IV you don't want to be left without: IV - Immigration Voice, working for the Employment Based Legal Immigrant Community
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simple1
06-18 06:22 PM
I know that is a problem. We all are aware of EB3@U.
My question was Is there any problem specific to ROW that is not faced by non-ROW ?
I don�t want to carry this (ROW non-ROW) conversation forward.
Letus focus on, What is in CIR for legal immigration ?
Last time I checked EB3 for ROW was "U". Did you somehow get "U" confused with "C" or have you stopped looking at visa bulletins?
Just so you know, EB3-ROW has the exact same issue at the EB3-India; they are both unavailable. Is that not a problem? Don't take my word for it, just look at the recent visa bulletins.
Having said that, if you don't know what all the problems are with different preference categories for ROW or non-ROW then may be you need to spend some time educating yourself before making statements suggesting that ROW does't need any relief or only Indians are suffering through the EB mess.
My question was Is there any problem specific to ROW that is not faced by non-ROW ?
I don�t want to carry this (ROW non-ROW) conversation forward.
Letus focus on, What is in CIR for legal immigration ?
Last time I checked EB3 for ROW was "U". Did you somehow get "U" confused with "C" or have you stopped looking at visa bulletins?
Just so you know, EB3-ROW has the exact same issue at the EB3-India; they are both unavailable. Is that not a problem? Don't take my word for it, just look at the recent visa bulletins.
Having said that, if you don't know what all the problems are with different preference categories for ROW or non-ROW then may be you need to spend some time educating yourself before making statements suggesting that ROW does't need any relief or only Indians are suffering through the EB mess.
eb3_nepa
07-20 09:01 PM
Can you please provide me a bit more insight for this topic or please point me where i can get some more details, if possible.
I'm on H1B 8th year, stuck with EB3 Retro with a priority date of Nov/03. My wife has a PhD in Molecular Biology, one of the hot subjects all across the globe.
I'll truly appreciate
You can consult any lawyer. To the best of my knowledge you dont need employer sponsorship if ur a PhD although i could be wrong.
I'm on H1B 8th year, stuck with EB3 Retro with a priority date of Nov/03. My wife has a PhD in Molecular Biology, one of the hot subjects all across the globe.
I'll truly appreciate
You can consult any lawyer. To the best of my knowledge you dont need employer sponsorship if ur a PhD although i could be wrong.
more...
tamil12
09-09 08:55 AM
If you can't able to wait for the AP to come...Then give a shot to the local USCIS office...and get an emergency AP...you can get it in oneday...But you need a valid document to show as it's a emergency travel to India....probably a document from India...
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vegasbaby
02-19 07:06 PM
All,
Even though there are other threads on this topic, I wanted to start a separate thread, as I had some unique questions. I am at the zenith of frustration and at the age of 37, I feel like my career is slipping away while waiting for GC :(
My employment scenario:
- Been with the current employer since Jan 2001
- Less than 5 years experience before I joined the current employer
- Have an MBA that was not used to the GC application (applied in July 2003) since I was a programmer at the time of GC application
My GC scenario:
- Applied for GC in July 2003 under EB3
- Applied for I-485 in July 2007
- Approved I140 and EAD in hand
- Even though I have EAD, I continue to use my H1
My new role in the job:
- After being in the job for as long as I have been, I am now doing Business Development that makes use of my MBA
My questions:
1) Lawyer asked me to wait it out for the GC instead of trying to convert the application to GC2. Lawyer says new labor applications are getting under scrutiny a lot more than before and he think it is prudent to wait. Is this reasonable?
2) What are my other options - do you think I can ask my employer to apply fresh EB2 application for the business development role and show my MBA? Not sure if they will agree to my request, but wanted to make sure that it is even possible to do that.
3) Can I change my job based on H1? Or change the job based on EAD? If either way I change my job, can I then ask the new employer to apply for my GC under EB2? If I change the job, and if my current employer agrees (I don't why he would, but just for understanding sake), can I retain my current EB3 application?
Any advice is greatly appreciated. I am at a point of giving it up and going back to India, but then that is another big decision,
Regards,
I am also in the same boat as you. To ans your questions -
1. If the lawyer your talking abt is the company attorney, then, he would most likely support the company than you. I did hear that labors are going thru lot of scrutiny, but if your case is genuine & you have all relevant docs, why is there a reason to worry.
2. Well yes since you have the degree & if they have a role for you, I see no reason as to why they cannot file for you. A lot of companies including mine are not too keen on reapplying under EB2 since they feel it will cause unnecessary hassles to them. If your case is brought up under review, its not just you but the entire company gets audited & then they have to produce a million documents to USCIS.
3. You should be able to retain your old pd or current application (if I-485 has been pending for more than 180 days) either ways i.e. if new employer files EB2 for you or your old employer does EB2 for you. However, as someone already pointed out, that same employer filing EB2 for you would be a tricky situation since the experience with your current employer doesn't count. But I have also read somewhere that if its a new position/a new role, then, your experience with current employer will also count. Get this verified.
Even though there are other threads on this topic, I wanted to start a separate thread, as I had some unique questions. I am at the zenith of frustration and at the age of 37, I feel like my career is slipping away while waiting for GC :(
My employment scenario:
- Been with the current employer since Jan 2001
- Less than 5 years experience before I joined the current employer
- Have an MBA that was not used to the GC application (applied in July 2003) since I was a programmer at the time of GC application
My GC scenario:
- Applied for GC in July 2003 under EB3
- Applied for I-485 in July 2007
- Approved I140 and EAD in hand
- Even though I have EAD, I continue to use my H1
My new role in the job:
- After being in the job for as long as I have been, I am now doing Business Development that makes use of my MBA
My questions:
1) Lawyer asked me to wait it out for the GC instead of trying to convert the application to GC2. Lawyer says new labor applications are getting under scrutiny a lot more than before and he think it is prudent to wait. Is this reasonable?
2) What are my other options - do you think I can ask my employer to apply fresh EB2 application for the business development role and show my MBA? Not sure if they will agree to my request, but wanted to make sure that it is even possible to do that.
3) Can I change my job based on H1? Or change the job based on EAD? If either way I change my job, can I then ask the new employer to apply for my GC under EB2? If I change the job, and if my current employer agrees (I don't why he would, but just for understanding sake), can I retain my current EB3 application?
Any advice is greatly appreciated. I am at a point of giving it up and going back to India, but then that is another big decision,
Regards,
I am also in the same boat as you. To ans your questions -
1. If the lawyer your talking abt is the company attorney, then, he would most likely support the company than you. I did hear that labors are going thru lot of scrutiny, but if your case is genuine & you have all relevant docs, why is there a reason to worry.
2. Well yes since you have the degree & if they have a role for you, I see no reason as to why they cannot file for you. A lot of companies including mine are not too keen on reapplying under EB2 since they feel it will cause unnecessary hassles to them. If your case is brought up under review, its not just you but the entire company gets audited & then they have to produce a million documents to USCIS.
3. You should be able to retain your old pd or current application (if I-485 has been pending for more than 180 days) either ways i.e. if new employer files EB2 for you or your old employer does EB2 for you. However, as someone already pointed out, that same employer filing EB2 for you would be a tricky situation since the experience with your current employer doesn't count. But I have also read somewhere that if its a new position/a new role, then, your experience with current employer will also count. Get this verified.
more...
superdude
08-15 02:03 PM
One of my buddies got his GC approved yesterday and his Priority Date is June 2005, EB2 India. I am here waiting since 2004 March to file for my I485. There are no methods to USCIS Madness.
How was he able to file for 485?
How was he able to file for 485?
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tijuanense
11-23 04:09 PM
The Real Tijuana (http://realtijuana.blogspot.com/) is a blog that began this month in order to describe Baja California from the inside. People who actually live in Tijuana address issues of local culture, medicine, cuisine, and history with the goal of making tourism less intimidating and more rewarding.
Thanks to you, Prem, we will start running items on transportation this week.
Tijuana is surprisingly peaceable in spite of the bad press.
Thanks to you, Prem, we will start running items on transportation this week.
Tijuana is surprisingly peaceable in spite of the bad press.
more...
IneedAllGreen
11-30 06:38 PM
Glad to know that your appeal process got approval for I-140 petition. I am desperate to get my I-140 petition approved from USCIS. Please give me some detail of your case and when did you filed Notice of appeal and when did you received your response for appeal?
Thanks
Did you try to appeal the denial ??
Mine was denied for the same reasons (denied no rfe) and my lawyer appealed and it worked and I-140 approved.
Try to see if you can appeal. If I am not wrong you can appeal within 30 days of denial.
Thanks
Did you try to appeal the denial ??
Mine was denied for the same reasons (denied no rfe) and my lawyer appealed and it worked and I-140 approved.
Try to see if you can appeal. If I am not wrong you can appeal within 30 days of denial.
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amitjoey
08-05 01:10 PM
The requirements of the job dictates whether or not you can qualify for EB2. So if you have a PHD or Post doctoral research, will not matter if the job you are doing only requires a Bachelors degree holder with minimal experience.
On the other hand if the job requires that you have Bachelors with atleast 5 years of experience you could. Also, you have to pass the market labor test. So, the job has to be for skills that are in demand for which there is no US citizen available.
On the other hand if the job requires that you have Bachelors with atleast 5 years of experience you could. Also, you have to pass the market labor test. So, the job has to be for skills that are in demand for which there is no US citizen available.
more...
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paritp
04-13 06:59 PM
I received Green card approval email from USCIS even though my PD is not current
Last month I had changed my address online and USCIS bymistake updated my I-485 status to approved.
I received the Green Card approval email from USCIS. I checked my status on USCIS.gov it says my case has been approved and card production has been ordered.
The only document I have received from USCIS is for the correct address update notification. The letter states that, they have updated my Address successfully.
I have still not recived any GC as it has been over 3 weeks now. I would like to get back my status which was pending.
What should I do in this case?
Last month I had changed my address online and USCIS bymistake updated my I-485 status to approved.
I received the Green Card approval email from USCIS. I checked my status on USCIS.gov it says my case has been approved and card production has been ordered.
The only document I have received from USCIS is for the correct address update notification. The letter states that, they have updated my Address successfully.
I have still not recived any GC as it has been over 3 weeks now. I would like to get back my status which was pending.
What should I do in this case?
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pappu
04-08 05:54 PM
Is someone working to fix the issues with the IV Tracker? It is such an important tool, but still has bugs to be resolved.
When you try to restrict by country or Country of charge, it doesnt bring back any results.
Also, if you try to sory by priority date, the sorting doesnt seem to work.
Yes we are working on it and will be enhancing it. Please keep adding your details to it.
When you try to restrict by country or Country of charge, it doesnt bring back any results.
Also, if you try to sory by priority date, the sorting doesnt seem to work.
Yes we are working on it and will be enhancing it. Please keep adding your details to it.
more...
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ohguy
09-27 08:56 AM
As your applications in pending in the local office. Get the Infopass appointment at the same office sooner if not later.
Thanks for the advice. I appreciate your insight.
I am going all in now.
1. I will call the Customer Service Line tomorrow.
2. I already got the InfoPass for 10/6
3. The letter for my senator is drafted. It will be sent tomorrow.
4. Finally, an email to the Ombudsman has been sent.
Hopefully, there is be some movement.
Thanks for the advice. I appreciate your insight.
I am going all in now.
1. I will call the Customer Service Line tomorrow.
2. I already got the InfoPass for 10/6
3. The letter for my senator is drafted. It will be sent tomorrow.
4. Finally, an email to the Ombudsman has been sent.
Hopefully, there is be some movement.
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supers789
07-23 03:01 PM
got following from another iv thread..
btw, my fragomen attorney said, it will take 6 to 8 months clear the audit.
Thanks!
-------------------
<i>July 21, 2008
Fragomen and DOL Agree to Return to Normal Processing
For Newly Filed PERM Cases
EXECUTIVE SUMMARY
The Department of Labor (DOL) has agreed that all new PERM applications filed by Fragomen will be processed normally and will not be subject to special audit.
After several weeks of discussions, the Department of Labor (DOL) and Fragomen have reached an interim agreement that will allow all new PERM applications filed by Fragomen to move forward in the normal processing queue without automatic audits. We are still talking with DOL regarding pending applications that have already been thrown into the special audit.
While we continue to have a major disagreement with DOL on its efforts to impede attorney-client communications, we have agreed to comply with DOL's new guidance bulletin, which presents a new and legally questionable interpretation of the PERM regulations regarding attorney actions. Until this interpretation is modified or judicially declared invalid, all immigration attorneys must conduct their representation in accordance with it.
Working with others in the immigration bar and business community, we will continue to pursue broader relief from DOL's misreading of the regulations and we have reserved every legal and equitable right to assert what we believe to be the proper interpretation of those regulations. Not only is this an infringement on employers' First Amendment rights, it contradicts specific language in the Department's regulations stating that employers may consult with counsel at all times "throughout the labor certification process."
If you have any questions about this alert, please contact the Fragomen attorney with whom you usually work.
Copyright � 2008 by Fragomen, Del Rey, Bernsen & Loewy, LLP</i>
btw, my fragomen attorney said, it will take 6 to 8 months clear the audit.
Thanks!
-------------------
<i>July 21, 2008
Fragomen and DOL Agree to Return to Normal Processing
For Newly Filed PERM Cases
EXECUTIVE SUMMARY
The Department of Labor (DOL) has agreed that all new PERM applications filed by Fragomen will be processed normally and will not be subject to special audit.
After several weeks of discussions, the Department of Labor (DOL) and Fragomen have reached an interim agreement that will allow all new PERM applications filed by Fragomen to move forward in the normal processing queue without automatic audits. We are still talking with DOL regarding pending applications that have already been thrown into the special audit.
While we continue to have a major disagreement with DOL on its efforts to impede attorney-client communications, we have agreed to comply with DOL's new guidance bulletin, which presents a new and legally questionable interpretation of the PERM regulations regarding attorney actions. Until this interpretation is modified or judicially declared invalid, all immigration attorneys must conduct their representation in accordance with it.
Working with others in the immigration bar and business community, we will continue to pursue broader relief from DOL's misreading of the regulations and we have reserved every legal and equitable right to assert what we believe to be the proper interpretation of those regulations. Not only is this an infringement on employers' First Amendment rights, it contradicts specific language in the Department's regulations stating that employers may consult with counsel at all times "throughout the labor certification process."
If you have any questions about this alert, please contact the Fragomen attorney with whom you usually work.
Copyright � 2008 by Fragomen, Del Rey, Bernsen & Loewy, LLP</i>
more...
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sapota
10-25 05:10 PM
online status is not completely reliable. 2nd level customer service will give u latest info.
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Life2Live
01-10 04:05 PM
I got I-140 RFE (EB2) regarding my education to prove the Bachelor degree I have is equivalent to US Bachelor degree. I have 3 years bachelor degree they are saying US Bachelor degree is 4 years.
My Lawyer is still working on it. I dont have say more than this that my freaking company is slow, unprofessional, irresponsible and typical exploiting consulting company.
My company qualifies for one of the company to be blacklisted. (There are lot of other incidents not only this I-140 RFE delay) :-)
My Lawyer is still working on it. I dont have say more than this that my freaking company is slow, unprofessional, irresponsible and typical exploiting consulting company.
My company qualifies for one of the company to be blacklisted. (There are lot of other incidents not only this I-140 RFE delay) :-)
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nashim
08-15 03:49 PM
Congrats
tammigaw
03-02 04:43 PM
Any one who had been through this process , can you please PM me or post attorney reference who is based in NJ .
i greatly appreciate your responses.
i greatly appreciate your responses.
sparky63
June 18th, 2005, 02:04 PM
*really* nice shot ... the bird's expression is great ("Hey! How dare you point that camera at me!")
Regarding the first shot, I guess I disagree with Henrik. The blurred bird detracts from an otherwise good shot (Nik's comments on color saturation make sense to me, too).
Shots 4 & 5 (the birds and their mirror images) are very nice.
Thanks for sharing your morning light with us.
Regarding the first shot, I guess I disagree with Henrik. The blurred bird detracts from an otherwise good shot (Nik's comments on color saturation make sense to me, too).
Shots 4 & 5 (the birds and their mirror images) are very nice.
Thanks for sharing your morning light with us.
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