dvb123
01-11 09:10 PM
I am also in a similar situation. My dad's brother filed for my dad in 1983. However my dad did not go for his visa interview as he was no longer interested in moving to US and due to him I am stuck reading immigrationvoice.org forums everyday.
Since your application is filed before 1998 you are eligible for 245(i) as a grandfathered alien . Suppose you fall out of status for any amount of time during your h1 period you can use 245(i) , pay 1000$ and still file for i-485 .
245(k) which is available for everybody and protects an out of status person for 180 days while 245(i) is available for persons only who were a beneficiary or a derivative beneficiary of a i-130 application or i-140 application before 1998.
I did extensive research on porting of priority dates. Priority dates can be ported in the following situations
a) Family petition when a son/daughter turns 21.
b) Employment based petition when an i-140 is approved and will not be revoked by the previous employer before this i-140 priority date is transferred to another i-140 petition.
c) Employment based petition when 180 days have passed since i-485 is filed and i-140 is approvable due to AC 21 regulations (note the word approvable)
d) Priority dates before 1977.
However I do know of any recapture mechanism for priority dates from family based petitions to employment based petitions. However if you do find any interesting information about porting dates from family based application to employment based information pls do post it.
Since your application is filed before 1998 you are eligible for 245(i) as a grandfathered alien . Suppose you fall out of status for any amount of time during your h1 period you can use 245(i) , pay 1000$ and still file for i-485 .
245(k) which is available for everybody and protects an out of status person for 180 days while 245(i) is available for persons only who were a beneficiary or a derivative beneficiary of a i-130 application or i-140 application before 1998.
I did extensive research on porting of priority dates. Priority dates can be ported in the following situations
a) Family petition when a son/daughter turns 21.
b) Employment based petition when an i-140 is approved and will not be revoked by the previous employer before this i-140 priority date is transferred to another i-140 petition.
c) Employment based petition when 180 days have passed since i-485 is filed and i-140 is approvable due to AC 21 regulations (note the word approvable)
d) Priority dates before 1977.
However I do know of any recapture mechanism for priority dates from family based petitions to employment based petitions. However if you do find any interesting information about porting dates from family based application to employment based information pls do post it.
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RadioactveChimp
04-09 02:56 AM
compared to your, it is a banana peel. But thanks ;)
leo2606
07-19 10:00 PM
is you will be paying double fees.USCIS will automatically deny 1 case when the other one is approved.
I am in the same situation (but my PD is 1 year earlier than my wife) but I am just filing my case and holding of my wife's I-140.
I am in the same situation (but my PD is 1 year earlier than my wife) but I am just filing my case and holding of my wife's I-140.
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upendra
07-09 01:28 PM
EB2/Jan 2006.
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starscream
06-06 10:29 AM
Below is a decsription of this amendment from AILA document which lists all the amendments that were discussed yesterday
http://www.aila.org/content/default.aspx?docid=22584
It confirms that the amendment #1231 applies to Y visa only. On the Senate discussion thread yesterday when this amedment was being discussed some body mentioned something along the lines that that Sen. Kennedy said he supported employer recruitment for all jobs and that really scared me ... I think Sen. Kennedy might have been referring to jobs that require the Y visa
This amendment does not mention anything on H1Bs. There was a lot of discussion on this point yesterday. I think we can breathe a litlle easy now.
The CIR does have other restrictions on H1B like $5000 more fees, restrictions for consulting companies & non-disaplacement clause but I don't think any GC type LABOR CERTIFICATION is required.
From the aila doc:
Durbin Amendment (#1231) to Remove DOL-Determined Labor Shortages as an Exception to Y Visa Recruitment Requirements
Senator Durbin (D-IL) introduced an amendment that eliminates DOL-determined labor shortages as an exception to employer recruitment requirements for Y visas. Senator Durbin argued that the amendment is an attempt to require that jobs be offered to Americans before they are offered to Y visa holders in the new worker program. Removing the provision in the underlying bill allowing the Secretary of Labor to declare labor shortages, he said, would achieve this, since all employers who use the Y visa program would always be required to offer jobs to Americans first. Senator Durbin cited the AFL-CIO as a strong supporter of his measure. Senator Grassley (R-IA), a co-sponsor of the amendment, also expressed his support for the amendment.
Senator Specter argued in response that this amendment is simply unnecessary, since American workers and their wages are already protected under the law. Senator Kennedy, however, expressed support for the amendment. He agreed with the general principle that a measure protecting American workers is good for the country. Ensuring that new Y visa workers don’t encroach upon American jobs or affect American wages, he said, is a step in that direction.
The amendment was agreed to by a vote of 71-22.
--------------------------------------------------------------------------------
http://www.aila.org/content/default.aspx?docid=22584
It confirms that the amendment #1231 applies to Y visa only. On the Senate discussion thread yesterday when this amedment was being discussed some body mentioned something along the lines that that Sen. Kennedy said he supported employer recruitment for all jobs and that really scared me ... I think Sen. Kennedy might have been referring to jobs that require the Y visa
This amendment does not mention anything on H1Bs. There was a lot of discussion on this point yesterday. I think we can breathe a litlle easy now.
The CIR does have other restrictions on H1B like $5000 more fees, restrictions for consulting companies & non-disaplacement clause but I don't think any GC type LABOR CERTIFICATION is required.
From the aila doc:
Durbin Amendment (#1231) to Remove DOL-Determined Labor Shortages as an Exception to Y Visa Recruitment Requirements
Senator Durbin (D-IL) introduced an amendment that eliminates DOL-determined labor shortages as an exception to employer recruitment requirements for Y visas. Senator Durbin argued that the amendment is an attempt to require that jobs be offered to Americans before they are offered to Y visa holders in the new worker program. Removing the provision in the underlying bill allowing the Secretary of Labor to declare labor shortages, he said, would achieve this, since all employers who use the Y visa program would always be required to offer jobs to Americans first. Senator Durbin cited the AFL-CIO as a strong supporter of his measure. Senator Grassley (R-IA), a co-sponsor of the amendment, also expressed his support for the amendment.
Senator Specter argued in response that this amendment is simply unnecessary, since American workers and their wages are already protected under the law. Senator Kennedy, however, expressed support for the amendment. He agreed with the general principle that a measure protecting American workers is good for the country. Ensuring that new Y visa workers don’t encroach upon American jobs or affect American wages, he said, is a step in that direction.
The amendment was agreed to by a vote of 71-22.
--------------------------------------------------------------------------------
humsuplou
11-16 06:29 PM
My current AP will be expiring this Dec, and my priority date is Jan 2006.
I have a wedding in Canada in January 2011. I would like to know if I need an Advance Parole to Canada then re-enter? Somehow I read somewhere about Canada and Mexico have different requirements.
Thanks for your input.
I have a wedding in Canada in January 2011. I would like to know if I need an Advance Parole to Canada then re-enter? Somehow I read somewhere about Canada and Mexico have different requirements.
Thanks for your input.
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07-08 08:35 AM
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rsayed
01-29 04:14 PM
I was in a similar situation back in 2000. The difference (in my case) was I entered 2 weeks later than the date mentioned on my I-20.
I took the chance and applied for re-instatement - at that time, I think it cost me $175.
I got my application approved in 28 days...!
Good Luck 'n don't be skeptical. Just apply to be re-instated and you will be fine!!!
~R
I took the chance and applied for re-instatement - at that time, I think it cost me $175.
I got my application approved in 28 days...!
Good Luck 'n don't be skeptical. Just apply to be re-instated and you will be fine!!!
~R
more...
paskal
05-29 10:48 AM
they are decreasing from 140,000 to 90,0000....
note that even though this bill is just not good enough for relief that fact is that the number of GC available to a backlogged country like india goes up about 150% under the new 190,000...this does not include the 14,000 additional numbers from the MBS.
Why?
only for backlog, so no EB1 (28.6%) and no EB2 except india and china. also country quota increased to 10%
so available numbers eg india increase from 5,600 to 9,000 (+14,000 MBS)
i put up a detailed calculation for this earlier on somewhere
search for it if you are really interested.
note that even though this bill is just not good enough for relief that fact is that the number of GC available to a backlogged country like india goes up about 150% under the new 190,000...this does not include the 14,000 additional numbers from the MBS.
Why?
only for backlog, so no EB1 (28.6%) and no EB2 except india and china. also country quota increased to 10%
so available numbers eg india increase from 5,600 to 9,000 (+14,000 MBS)
i put up a detailed calculation for this earlier on somewhere
search for it if you are really interested.
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same_old_guy
10-23 05:31 PM
Who told you that ? I am sure it wasn't any lawyer !!
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saimrathi
06-08 04:07 PM
LC is Certified this week.
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snathan
08-10 10:25 PM
Hello
Thanks for looking at this question:
Scenario: I was working for company A on H1 (valid until 2010) and filed a GC through a company B (Head Hunter Company) for future employment, I have my 140 approved, and 485 was filed June 2007, have an EAD/AP. Got a RFE for intent of employment was satisfied with a letter from Company B that "I intend to join company B subject to my favourable adjudiciation". Company A is going under because of lack of funds.
Questions:
Now I am searching for a job, I am getting job offers.
1) Either I will do a contract through through Company B for which I do not have to anything in terms of immigration right?
2) But if I strart working for Company C's payroll then I am going to have to do an AC21 right or can I still hang on to company B.
3) If I do AC21 through company C and if the Job description is pretty close to the description on the LC then would it be okay or do I fear rejection? Or will I be asked why I did not work for the company who filed for my GC in the first place.
Please throw some light on the best option I have.
Thanks!
You started you GC as future employement with company A. You never joined them and want to use AC-21 which will raise red flag. So you need to need to very careful.
Thanks for looking at this question:
Scenario: I was working for company A on H1 (valid until 2010) and filed a GC through a company B (Head Hunter Company) for future employment, I have my 140 approved, and 485 was filed June 2007, have an EAD/AP. Got a RFE for intent of employment was satisfied with a letter from Company B that "I intend to join company B subject to my favourable adjudiciation". Company A is going under because of lack of funds.
Questions:
Now I am searching for a job, I am getting job offers.
1) Either I will do a contract through through Company B for which I do not have to anything in terms of immigration right?
2) But if I strart working for Company C's payroll then I am going to have to do an AC21 right or can I still hang on to company B.
3) If I do AC21 through company C and if the Job description is pretty close to the description on the LC then would it be okay or do I fear rejection? Or will I be asked why I did not work for the company who filed for my GC in the first place.
Please throw some light on the best option I have.
Thanks!
You started you GC as future employement with company A. You never joined them and want to use AC-21 which will raise red flag. So you need to need to very careful.
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mhkumar
03-24 06:02 PM
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perm2gc
09-13 01:22 PM
If we do premium process, does this increase the change of rejection?
No..
No..
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sanju_dba
06-18 04:10 PM
check this thread you will get your answers...
http://immigrationvoice.org/forum/forum76-travel-out-of-country-and-re-entry-during-after-485-filing/1474708-is-german-airport-transit-visa-required-for-travelling-through-frankfurt-with-ap.html
Admin: Please close this thread! ( Duplicate )
http://immigrationvoice.org/forum/forum76-travel-out-of-country-and-re-entry-during-after-485-filing/1474708-is-german-airport-transit-visa-required-for-travelling-through-frankfurt-with-ap.html
Admin: Please close this thread! ( Duplicate )
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gc_kaavaali
07-09 12:45 PM
thank you very much for all your replies.
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dreamworld
10-26 12:52 PM
If you have any receipting issues.. try to participate on this call.
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vkannan
08-07 04:05 PM
Hi
I have similar situation with my EAD renewal too, my employer filed my EAD renewal, my I-485 case is pending in TSC (txed from NSC) but my renewal was sent to NSC, when enquired, following is the response I received back from my companies Immigration group,
"Renewal applications are filed based on the location of your residence, as per CIS requirements"
I am based out of MN, hence NSC.
Hope this helps.
I have similar situation with my EAD renewal too, my employer filed my EAD renewal, my I-485 case is pending in TSC (txed from NSC) but my renewal was sent to NSC, when enquired, following is the response I received back from my companies Immigration group,
"Renewal applications are filed based on the location of your residence, as per CIS requirements"
I am based out of MN, hence NSC.
Hope this helps.
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aguy
07-27 05:40 PM
Does it mean that if she graduates before the I-485 is approved, she cannot work? Or can she accept employment on the green card EAD even though the I-140/I-485 are pending. What will be her status during that period?
vishwak
01-01 03:17 PM
There won't be any issues.
BTW, whats your port of entry.
While leaving take all appropriate documents like Paystubs, Employment Verification Letter etc and also you vacation approvel details if needed.
BTW, whats your port of entry.
While leaving take all appropriate documents like Paystubs, Employment Verification Letter etc and also you vacation approvel details if needed.
mohall
08-21 04:02 AM
Do I have to pay for my green card again if the INS made a mistake on my birthday? Need to know if there are any under the table jobs in Lake Havasu City,AZ. My green card expired in 2004. I have an AZ license and a social security card. Can I work with expired card? Please help!
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