gene77
10-19 01:54 PM
My case is exactly like yours ....
1st 140 under EB3 PD Oct 04
2nd 140 under EB2 still pending, requested for EB3 PD Oct 04 to be ported - awaiting porting results.
However, since your 485 is already filed with a EB3 I140, you are requested USCIS to 'link' (for lack of better words) the new EB2 I140 with your pending I485. Per my interpretation of what I have read in Matthew Oh's website (I'll post later) and Perarson's memo, we can request this interlinking only when the PD for our 2nd I140 is current.
However your lawyer suggests differently - which may be fine and may work just as well. In fact, if your case works, then I won't wait for my PD to be current either and will interfile immediately after approval of my I-140.
here is where my confusion lies....I'm sure you must have this also.
This posting involves aliens who are waiting for the I-485 applications where the underlying I-140 petition was approved but due to retrogression, I-485 cannot be approved. Most of these cases are EB-3 cases. When the same alien obtains an EB-2 labor certification approval through the same employer or a different employer and the visa number is available for the EB-2 for him or her, he should be eligible for filing another I-485 application based on the visa number available EB-2 I-140 petition. This can be achieved either by concurrent I-140/I-485 filing or if the new EB-2 I-140 has already been approved, by filing of stand-alone I-485 application.
� However, in the foregoing situation, the Pearson Memo of 2000 allows the alien to transfer the pending I-485 application from the existing underlying approved I-140 petition to a new EB-2 I-140 petition such that the alien does not have to file another I-485 application to use the second I-140 petition. For this to happen, two conditions must be met: (1) The existing underlying I-140 petition (most likely EB-3) must have been approved before the I-485 transfer is requested. (2) Secondly, the visa number must be "current" for the new I-140 petition (most likely EB-2) before the I-485 transfer is requested. Inasmuch as the visa number is current, the pending I-485 application that suffer from the visa number retrogression can be transferred to the next I-140 petition.
Please share this with your attorney and update the forum members of their response.
Gene.
1st 140 under EB3 PD Oct 04
2nd 140 under EB2 still pending, requested for EB3 PD Oct 04 to be ported - awaiting porting results.
However, since your 485 is already filed with a EB3 I140, you are requested USCIS to 'link' (for lack of better words) the new EB2 I140 with your pending I485. Per my interpretation of what I have read in Matthew Oh's website (I'll post later) and Perarson's memo, we can request this interlinking only when the PD for our 2nd I140 is current.
However your lawyer suggests differently - which may be fine and may work just as well. In fact, if your case works, then I won't wait for my PD to be current either and will interfile immediately after approval of my I-140.
here is where my confusion lies....I'm sure you must have this also.
This posting involves aliens who are waiting for the I-485 applications where the underlying I-140 petition was approved but due to retrogression, I-485 cannot be approved. Most of these cases are EB-3 cases. When the same alien obtains an EB-2 labor certification approval through the same employer or a different employer and the visa number is available for the EB-2 for him or her, he should be eligible for filing another I-485 application based on the visa number available EB-2 I-140 petition. This can be achieved either by concurrent I-140/I-485 filing or if the new EB-2 I-140 has already been approved, by filing of stand-alone I-485 application.
� However, in the foregoing situation, the Pearson Memo of 2000 allows the alien to transfer the pending I-485 application from the existing underlying approved I-140 petition to a new EB-2 I-140 petition such that the alien does not have to file another I-485 application to use the second I-140 petition. For this to happen, two conditions must be met: (1) The existing underlying I-140 petition (most likely EB-3) must have been approved before the I-485 transfer is requested. (2) Secondly, the visa number must be "current" for the new I-140 petition (most likely EB-2) before the I-485 transfer is requested. Inasmuch as the visa number is current, the pending I-485 application that suffer from the visa number retrogression can be transferred to the next I-140 petition.
Please share this with your attorney and update the forum members of their response.
Gene.
wallpaper Funny Birthday Quotes for
meridiani.planum
07-16 03:03 AM
yes. there is a possibility of some retrogression for EB2 India/China in the comming bulletins. But that is just for few months and it might be a mild retrogression as long as there is horizontal fall outs of spill over visas.
"possibility of retrogression"???? thats sounding like a weather forecast. :)
lets have a specific prediction here. Can you pick an year and month for EB2-India for the October 2008 Visa Bulletin (start of new fiscal year)?
Ron Gotcher believes EB2-India will be somewhere at 2002/2003.
"possibility of retrogression"???? thats sounding like a weather forecast. :)
lets have a specific prediction here. Can you pick an year and month for EB2-India for the October 2008 Visa Bulletin (start of new fiscal year)?
Ron Gotcher believes EB2-India will be somewhere at 2002/2003.
perm2gc
10-04 04:58 PM
Hello gg_ny,
It is too scary.. Plz note that the surname change is after mariz.. As per our convention, after mariz, wife's surname changes to that of husbands.. We have the mariz certificate with us.
Is this still that major problem, as earlier explained by you?
you are in serious trouble beyond your knowledge..consult a good attorney to correct it..
Dont waste time on boards...
It is too scary.. Plz note that the surname change is after mariz.. As per our convention, after mariz, wife's surname changes to that of husbands.. We have the mariz certificate with us.
Is this still that major problem, as earlier explained by you?
you are in serious trouble beyond your knowledge..consult a good attorney to correct it..
Dont waste time on boards...
2011 funny birthday greetings for
desi3933
06-25 02:22 PM
For adjustment of status you should be in a Valid H1.
Incorrect
If you get your EAD before Setp 16th then you can use this to work and you are safe.
Correct. However if you have H1 extension pending you can still work for H1 employer without EAD
If you dont get EAD you are basically out of status.
Incorect.
The person is in AOS Pending status.
So I suggest get your H1 Renewed Right away using Premium or regular processing.
Again this is my analysis check with your lawyer.
See above in Blue.
Not a legal advice
-----------------------
desi3933 at gmail.com
Incorrect
If you get your EAD before Setp 16th then you can use this to work and you are safe.
Correct. However if you have H1 extension pending you can still work for H1 employer without EAD
If you dont get EAD you are basically out of status.
Incorect.
The person is in AOS Pending status.
So I suggest get your H1 Renewed Right away using Premium or regular processing.
Again this is my analysis check with your lawyer.
See above in Blue.
Not a legal advice
-----------------------
desi3933 at gmail.com
more...
yabadaba
10-19 08:11 AM
India stats
Perm between 1/1/2006 and 10/1/2006 - 15007
China stats
Perm between 1/1/2006 and 10/1/2006 - 4152
ROW stats
Perm between 1/1/2006 and 10/1/2006 - 31638
Perm between 1/1/2006 and 10/1/2006 - 15007
China stats
Perm between 1/1/2006 and 10/1/2006 - 4152
ROW stats
Perm between 1/1/2006 and 10/1/2006 - 31638
nmdial
03-02 08:59 AM
mmdial, was the registrar from the place of birth or from another place.
From my place of birth.
From my place of birth.
more...
desi485
09-11 05:07 PM
No I did not. Because my attorney did not ask me to do so. But, after I got my GC, they emailed me some instructions on what to do and what not to do. In that list they had this instruction to carry my GC with me all the time in BOLD.
So I got concerned and posted this which has resulted in a lot of hating and loathing. I am not understanding why is this my fault.
first of all congrates! I wish Goodluck to everyone waiting for GC....
Life after GC: These issues are already discussed on IV In detail.
Check it out - valuable info: http://immigrationvoice.org/forum/forum95-life-after-greencard/25349-life-after-gc-dos-and-donots.html
Check out the Official govt document for new immigrants:
Welcome to the United States - A Guide for New Immigrants
http://www.uscis.gov/files/nativedocuments/M-618.pdf
Enjoy your Green Card! and do Pray for good luck for all IV members :)
So I got concerned and posted this which has resulted in a lot of hating and loathing. I am not understanding why is this my fault.
first of all congrates! I wish Goodluck to everyone waiting for GC....
Life after GC: These issues are already discussed on IV In detail.
Check it out - valuable info: http://immigrationvoice.org/forum/forum95-life-after-greencard/25349-life-after-gc-dos-and-donots.html
Check out the Official govt document for new immigrants:
Welcome to the United States - A Guide for New Immigrants
http://www.uscis.gov/files/nativedocuments/M-618.pdf
Enjoy your Green Card! and do Pray for good luck for all IV members :)
2010 funny birthday wishes for
sundevil
06-14 05:06 PM
I am a little concerned with the timing of these developments. I am in the same boat as everyone getting ready to file 485. But I am equally worried about this. These messages are not even getting enough attention and getting pushed down the active list.
They might pull the Rug off from under our feet while we are clamoring about various 485 application issues. Everyone should keep an eye out for it.
They might pull the Rug off from under our feet while we are clamoring about various 485 application issues. Everyone should keep an eye out for it.
more...
kshitijnt
10-07 02:55 PM
Or take non stop flights from JFK/EWR for east coast ppl.
Yup even air india has non stop to both del and bom from JFK. Or fly jet airways. Why are we paying virgin atlantic and BA for just their pomp?
Yup even air india has non stop to both del and bom from JFK. Or fly jet airways. Why are we paying virgin atlantic and BA for just their pomp?
hair funny irthday poems for
n.sravan
10-04 10:04 AM
Hi all,
Thanks for the responses and sorry for Confusions..
I am giving the scenario more clearly..
My name Before mariz is"Venkata Naga Sunita" surname: "Prachina" (changed identity).
After mariz surname changed to "Naveena".
When I applied for H4 alongwith my husband's H1B, I had my passport with old surname(Prachina). That passport got stamped for H4. Later I got another passport with surname changed(Naveena). At this point, I have one passport of old surname with H4 stamp and another passport with new surname.
While entering into US this January, on I-94, I wrote "Venkata Naga Sunita" Last name: "Naveena". In March, DMV ppl told me that the name in the I-94 should match with Visa". When, I applied for H1B in May with this new surname and attached this I-94 that has new surname "Naveena".
During H1B processing, I had to visit my home country on emergency purpose and got approval of H1B on Sept 7th, which is valid only from Oct 2nd. I re-entered to US on Sept10th and wrote my last name as "Prachina" on I-94(to match with current H4 Visa with which I am entering US). When I recived my papers this week, I was happy to see that my Change of Status is approved and surprised to see that my name on the I-797 and attached I-94 is printed as "Sunita V" Last Name:"Naveena".
Now, the I-94 number and name that are present on my I-797 are not matching that are attached to my passport. Is this OK or going to create any problems in future(SSN or stamping)..
Thanks for the responses and sorry for Confusions..
I am giving the scenario more clearly..
My name Before mariz is"Venkata Naga Sunita" surname: "Prachina" (changed identity).
After mariz surname changed to "Naveena".
When I applied for H4 alongwith my husband's H1B, I had my passport with old surname(Prachina). That passport got stamped for H4. Later I got another passport with surname changed(Naveena). At this point, I have one passport of old surname with H4 stamp and another passport with new surname.
While entering into US this January, on I-94, I wrote "Venkata Naga Sunita" Last name: "Naveena". In March, DMV ppl told me that the name in the I-94 should match with Visa". When, I applied for H1B in May with this new surname and attached this I-94 that has new surname "Naveena".
During H1B processing, I had to visit my home country on emergency purpose and got approval of H1B on Sept 7th, which is valid only from Oct 2nd. I re-entered to US on Sept10th and wrote my last name as "Prachina" on I-94(to match with current H4 Visa with which I am entering US). When I recived my papers this week, I was happy to see that my Change of Status is approved and surprised to see that my name on the I-797 and attached I-94 is printed as "Sunita V" Last Name:"Naveena".
Now, the I-94 number and name that are present on my I-797 are not matching that are attached to my passport. Is this OK or going to create any problems in future(SSN or stamping)..
more...
thepaew
11-13 02:28 PM
I do know a friend who fits the bill - EB2(ROW)
I have asked him for his permission to share contact information with you. He is not a member of IV.
A top national reporter wants to speak with someone in EB
community who may have recently lost his/her job due to current
economic situation. I think it would be best for our cause for someone
who was offered a new job possibly in the 'same or similar' area
immediately after losing their job. It would help to highlight that
the highly-skilled immigrants are in demand because of their skills
even when the economic situation is not doing well, but, there is no
reason to keep us in limbo for over a decade, merely to test our skill
level. There are better ways to test our skill level. If you or
someone you know fits this profile, kindly email your information and contact details to info at immigrationvoice.org
immediately.
The reporter will also highlight the housing angle and that we can
start new ventures that could potentially create new jobs to uplift
the economy.
This is a big opportunity as the interview from this reporter will be published in most big newspapers and on news websites. We need someone urgently today if possible.
I have asked him for his permission to share contact information with you. He is not a member of IV.
A top national reporter wants to speak with someone in EB
community who may have recently lost his/her job due to current
economic situation. I think it would be best for our cause for someone
who was offered a new job possibly in the 'same or similar' area
immediately after losing their job. It would help to highlight that
the highly-skilled immigrants are in demand because of their skills
even when the economic situation is not doing well, but, there is no
reason to keep us in limbo for over a decade, merely to test our skill
level. There are better ways to test our skill level. If you or
someone you know fits this profile, kindly email your information and contact details to info at immigrationvoice.org
immediately.
The reporter will also highlight the housing angle and that we can
start new ventures that could potentially create new jobs to uplift
the economy.
This is a big opportunity as the interview from this reporter will be published in most big newspapers and on news websites. We need someone urgently today if possible.
hot irthday quotes to a friend.
ChainReaction
07-13 12:23 PM
I think this rule would be pretty controversial with the diversity restrictions that US expects.
So, why there is country limit just on GC quota, if they want diversity it should be on H1/L1 visas as well...this is why we are seeing backlog of more then 5yrs in GC. It is not diversity they want it is called discrimination :eek:
So, why there is country limit just on GC quota, if they want diversity it should be on H1/L1 visas as well...this is why we are seeing backlog of more then 5yrs in GC. It is not diversity they want it is called discrimination :eek:
more...
house Stylish Green Birthday - O+D
kshitijnt
01-25 03:12 PM
I understand that I-140 petition is violation of F1. Is this correct? If yes, why not reject I-140?
No According to my lawyer I-140 is employers petition. I-485 is your petition. You have not demonstrated immigrant intent if your employer files I-140.
No According to my lawyer I-140 is employers petition. I-485 is your petition. You have not demonstrated immigrant intent if your employer files I-140.
tattoo irthday wishes for friends.
LostInGCProcess
09-16 05:59 PM
The approval of h1 will not invalidate H4 visa. The usage of h1 visa invalidates H4 visa.
if you have h1 approved and don't join the company, then your h4 remains intact. Once you join a company on h1, you will fill out i-9 form, which informs the concerend authorities about your status change.
All these are correct. But the main issue is tv25's spouse H1 is denied and the reason is "misrepresentation". So, its a serious charge. And if its on the company's side that put any bogus documentation then he is fine...but if its on his wife's documentation then he ought to be worried cause it may/may not(only an attorney can answer) affects his I-484 case...his credibility is at stake now.
TV25, Ron Gotcher is a good attorney and this is his web site http://www.imminfo.com/...I don't know him personally but, he is an American and he replies to most of the queries in his forum, and with very good explanation. Ask him...that's my suggestion...
if you have h1 approved and don't join the company, then your h4 remains intact. Once you join a company on h1, you will fill out i-9 form, which informs the concerend authorities about your status change.
All these are correct. But the main issue is tv25's spouse H1 is denied and the reason is "misrepresentation". So, its a serious charge. And if its on the company's side that put any bogus documentation then he is fine...but if its on his wife's documentation then he ought to be worried cause it may/may not(only an attorney can answer) affects his I-484 case...his credibility is at stake now.
TV25, Ron Gotcher is a good attorney and this is his web site http://www.imminfo.com/...I don't know him personally but, he is an American and he replies to most of the queries in his forum, and with very good explanation. Ask him...that's my suggestion...
more...
pictures funny birthday greetings for
gcnirvana
06-25 03:40 PM
Ohhh okay. I didn't notice in your OP that your passport is expiring in July 07.
Yes, in that case, you'll have to get the new passport and try again at the CBP. Good Luck.
gcnirvana,
I guy at the CBP office said that since my passport will be expiring on July 2007, i should have gotten my I94 stamped only till July 2007 instead of till September 2007 which is whenmy visa stamp will expire ... I am planning to try my luck again once i get my new passport ...
Yes, in that case, you'll have to get the new passport and try again at the CBP. Good Luck.
gcnirvana,
I guy at the CBP office said that since my passport will be expiring on July 2007, i should have gotten my I94 stamped only till July 2007 instead of till September 2007 which is whenmy visa stamp will expire ... I am planning to try my luck again once i get my new passport ...
dresses funny birthday greetings for
amitjoey
03-31 04:15 PM
Done
more...
makeup BIRTHDAY WISHES FOR FRIENDS IN
la6470
10-18 05:31 PM
Well as I said before it is not to be taken seriously enough so as to increase your BP...but I am just curious what is so special about Hanukkah that it is mentioned everywhere in western mainstream media and not Diwali?
girlfriend irthday wishes for friend
chanduv23
02-07 12:41 PM
IV has so many members who just do not pull the trigger. They just do not step out of their cocoons.
This is gthe time - please please please step out and start helping IV to help yourself.
IV is one voice and be a part of this voice - collectively we can all shout loud enough so that even the deaf can hear us.
So please step up and help us. IV needs you all. IV needs your support.
Please participate in the admin fix campaign and make it a success.
Please keep this thread high up by pledging support and posting your action towards this campaign.
This is gthe time - please please please step out and start helping IV to help yourself.
IV is one voice and be a part of this voice - collectively we can all shout loud enough so that even the deaf can hear us.
So please step up and help us. IV needs you all. IV needs your support.
Please participate in the admin fix campaign and make it a success.
Please keep this thread high up by pledging support and posting your action towards this campaign.
hairstyles funny birthday greetings for
bestofall
09-20 07:23 PM
You stolen all our Hearts :)
Thanks
Thanks
goel_ar
11-15 12:05 PM
[QUOTE=pd052009;2116961]GC quota should be based on skillset(1,2,3), not solely based on salary.(remeber, we are talking about future salary here).
we do have it : EB1/EB2/EB3. See EB1 is exploited by 'lot of' people (due to legal loophole) -these people have 4-5 yrs. total work-exp. & get half the salaries & are only 50% useful to US economy than tons of people stuck in eb2 & eb3.
(i know - it is all useless discussion ; won't result in anything).
we do have it : EB1/EB2/EB3. See EB1 is exploited by 'lot of' people (due to legal loophole) -these people have 4-5 yrs. total work-exp. & get half the salaries & are only 50% useful to US economy than tons of people stuck in eb2 & eb3.
(i know - it is all useless discussion ; won't result in anything).
ptolia
08-04 10:27 PM
Looks like it is the photos. I got the RFE after opening a Service Request and they have asked for photos. Morons. They could have made it clear in the instructions to send photos.
It doesn't happen to everyone. A couple of my friends got the ead without sending the photos. It all depends on who processes your application. If he is an ass, you are in trouble.
So, better send the pictures if you are planning to e-file.
I have sent the photos and now have to wait for another 45 days. Hopefully a smart guy who knows what he is doing will process it this time.
GCplease,
Have you received your EAD? if so how many days it took after responding to RFE?
Thanks
It doesn't happen to everyone. A couple of my friends got the ead without sending the photos. It all depends on who processes your application. If he is an ass, you are in trouble.
So, better send the pictures if you are planning to e-file.
I have sent the photos and now have to wait for another 45 days. Hopefully a smart guy who knows what he is doing will process it this time.
GCplease,
Have you received your EAD? if so how many days it took after responding to RFE?
Thanks
