bradley emmanuel

the ones I meet in DC. The ones I currently have, who did not make it to DC in spite of being aware about it, will no longer have me as a friend.

SAME HERE - THOSE WHO HAVE STOPPED CALLING ME BECAUSE THEY ARE AFRAID I WILL ASK THEM TO THE RALLY WILL NEVER BE MY FRIENDS ANYMORE.

I hate to be nitpicky here, but that is not what Ronnie said.

Ronnie stated in no uncertain terms that "Immigration and Tax Filing are not at all related". This statement, in any which way you look at, is factually incorrect. Unfortunately it perpetuates the misconception that your non-immigrant status (which is an integral topic in the subject of immigration) has nothing to do with your taxes. In fact, many people often make this mistake, only to be corrected when presented with the 1040 instructions, and Publication 519.

If Ronnie had said something to the effect that filing jointly or separately will not have an affect on your immigration status or Green Card application, then I might not have objected. However, it should be filed in compliance with the law.

I am taking a guess that what Ronnie meant to say was that, Tax filing (whether or not you file jointly) has no implications on your immigration process... which is true.

If you filed 'married filing separately' does not mean that you dont want to support your spouse anymore as a derivative of your I-485 !

relax until the new biometrics notice comes. Chances are it never will. The CSR you spoke to probably did'nt read/know the new rules.

I called USCIS again today and spoke to a IO, they stated that the biometrics had expired and that I should simply wait for the new request. I tried to argue with them that the register stated that they should use what they have in their database. They stated that I have to go for my biometrics and there was nothing else they could do about it. I then asked them if everything else had cleared and they stated that they were only waiting for my biometrics at this stage.

The funny thing is that I submitted a referral since my application was outside of the processing times. The referral stated that biometrics were missing. Now if I had not filed my referral USCIS would have simply just sat on my application until god know when. I am going to write a letter and get someone over at USCIS to listen to me. An uphill battle but it's better than just relying on USCIS.

Does anyone know how long biometrics are valid for ?

Good Luck folks, hope this nighmare ends soon

Priority date 10/2002
i-140 approved in 1/2007
EB3, ROW

This came up to my mind : In senate there was voting on whether to bring immigration bill or not on to table , voting is around 60+ - 30+ , now these 30+ are sure they are going to reject it atleast with 90% confidence. we need to target the remaining 60 more compared to 30 who are already against to senate bill. This is very imp i dont know how to gather those details any help please ?

I think it is a mistake to assume that EB2 category can be determined by wage levels
Mine is Wage level -II but I have a masters from the US. It all depends on the job requirement.
Also, I know a person who is wage level-III but is EB3.

Further explanation can be found at http://www.flcdatacenter.com/skill.aspx

Thanks for the valuable inputs.

Applying for premium processing with Company C seems to be best option. However sometimes premium processing takes more than 15 days to get a result. Since Company B has indicated that they will terminate my employment by the end of this month (less than 15 days from now), I may not have the option of resigning from Company B, before getting Company C's approval.

If B terminates my employment, and my transfer to C is still Pending, what will happen in such a case ?

You can start working for Employer C as and when you have the receipt notice for C's transfer. Just make sure, you file for transfer before termination. You have all the documents that is required for H1 transfer, dont worry about it.

/\/\/\/\/\/\

Hello All,

I was reading at some of the posts in this forum and they seem to have been quiet helpful.

My company has decided to go ahead with my GC process.
Its in the very early stage, but my immigration specialist gave me a heads up regarding something.

She said, that as I have a 3 yrs BE degree the USCIS may not recognize me under EB2 category :confused: So I explained her the education system in India, but she said that it depends upon the Credential Evaluation Agency which will process my educational qualification and prepare a report and submit it to USCIS.
Following this USCIS will make a decision whether to grant EB2 or EB3 category.

I am sure many of the members may have faced a similar Dilemma....Is there any specific solution to this?

To be precise I completed my Diploma from Mumbai & Degree from Pune University, followed by MS in US and currently working on H1B.

Please Advice.

Thanks,
Shakti

I am ashamed to read these comments coming from "highly skilled" people. Administrators please take preventive steps. We dont want some sickos malign IV. :mad: :mad:

Come on guys, we are in US not in Saudi Arabia. Such comments are made in US senate also. It's not illegal to say something like that. It was a good joke. With all due respect let me ask you, are "Highly skilled" not human being?

Still I agree that such comments should not be made, because it could become a norm, and someone someday could really cross the boundry, which could create a problem for IV.

presuming 3500 visas for EB3 from india per year, given about 350,000 were filed recently and presuming about half of that were EB3 india, that means 175,000 are in front of you from India on EB3. so my pd of jan 2006 would become current in about 48 years and yours in about 50. now, others may speculate and extrapolate and say that it's likely to be within a decade based on past experience - i.e RoW not using up its quota and hence spilling over to India, but India EB2 itself is backed up pretty badly & it gets a first shot at it so after these geniuses go green, we get to use that. But again, thats just speculation - so nothing is certain except that it wont be no longer than 50 years based on current law, that too presuming the current law stays as is. lets hope iv succeeds in the backlog efforts in which case the wait would probably be around 3/4 years.

That is a relief...

Thanks you are right on consular processing and you are also right that on transfer receipt one can start working

But I am still confused on entering USA. I read on all the forums, you can enter usa with a Transfer Receipt if your h1 stamp is still valid.

So thats something i am trying to sort out.


you can certainly enter if you have a valid visa stamp and a valid 797 (i am assuming you can use 797 approval copy from company A) please keep in mind that if you travel while your transfer is pending you may get a 797B for the new company Vs a 797A (happened to a friend of mine) in which case you can not use the transfer approval (797B) to start working for the new company. You'll have to get an I-94 by vising a US consulate.

Yes… It’s me Sreedhar. According to the conversation with my cousin, what ever I posted here is true. I am not sure what IO said is going to be happen or not. My cousin and myself working in the same office. I will keep update what ever happen to his case.

-Sree



This one was posted by one of the IV members, sreedhar in other section of the forum. Don't know how much truth to it...:rolleyes:

If anyone has seen this already, my apologies...

http://immigrationvoice.org/forum/showthread.php?p=285637#post285637



Hello All,

I am giving this information after my cousin complete the interview with USCIS on 09/03/2008. Please take a look at the detail conversation bellow.

IO: Immigration Officer
MC: My Cousin
MCL: My Cousin Lawyer

-Sree

It happened to me as well. I had a Labor stuck in Dallas and I continued doing a Schedule A application. I did a premium processing and mentioned that I had an approved labor from 2004 (that got approved during my Schedule A processing in 2006). The USCIS sent me an I-140 approval with the old 2004 PD.

Then I kept waiting. My lawyer was suspicious from the beginning. And yes, unfortunately the lawyer was right.
In 2008 after having seen no movement I got in touch with the Ombudsperson's office and requested review. The final result? They said it was a mistake on the part of USCIS and reset the the I-140 place to the correct PD - in my case August 2006.
And now because of the labor rule, so I lost the August 2004 PD as no I-140 was filed within 180 days of approval... The Schedule A I-140 just used the older PD...and later rescinded...
So I have no go...

But thankfully, at least I have a 2006 I-140.

In the meanwhile I've lost my job as well.

If anyone knows an editing job please get in touch!

I am new member to this forum. My friend referred me here.

I have a very unique case scenario and need help if anyone is aware of this.

Background :
I worked for company X which went bankrupt and was absorbed by company Y. 3 months after I started
working for Y I got I-140 approved from company X(not sure how but got it).I had filed for I-140 abt.
2 months before I joined Y(then still an employee of X) and had opted for CP and not AOS(had
the option of concurrent filing but did not use which i regret till date). Since the X case was of
no use now I filed a fresh LC from Y and am still waiting for notification from BPC for recruitment(TR case).
I am planning to use the PD from earlier approved I-140 which is sept. 1999 when my LC gets approved.

Issue :
Last week I received a mail from NVC which was forwarded to me by the previous employers attorney.
The letter's main content says
"THIS LETTER SHALL SERVE AS YOUR NOTIFICATION THAT A VISA NUMBER IS CURRENTLY AVAILABLE.
FAILURE TO PURSUE YOUR VISA APPLICATION BY COMPLYING WITH THE INSTRUCTIONS BELOW WILL COMMENCE
PROCEEDINGS TO TERMINATE YOUR IMMIGRANT VISA REGISTRATION ONE YEAR FROM THE DATE OF THIS LETTER".
It mentions "Section 203(g) of the Immigration and Nationality Act requires the Secretary of State
to terminate the registration of any alien who fails to apply for an immigrant visa within one year
following notification of the availability of a visa number".
Letter is Dated Dec. 3 2006.

Question :
I want to know if this will in anyway prevent me from using my old case PD with my current case?
My interpretation of this is that only the registration with NVC gets cancelled but the
underlying LC and I-140 approved are not affected and I can still use the old PD on my
current case. Pls. help.

If you are genuine: Don’t do it. It will affect your GC.

If you are losers guild member using Indian name to post: Leave this forum immediately. I am tired of fake posts. I personally believe Riakapoor and ar7165 are fake.

you can apply for UI - Unemployment insurance, NOT Unemployment benefit. The first is an insurance, the second a benefit that will impact your GC application.

Hello All,

I am on a dependent EAD. I lost my job (laid off) few days back. Can I enroll for unemplyment benefits as i am reading the threads that dependents can enroll into UB. But just want to make sure before going forward. We are on I-485 pending status.

Please suggest.

Thanks in Advance!

My gc is in process, both I-140 and I-485 is approved over 180 days back. I have a valid EAD. Recently I lost my job (laid off). Can I apply for unemployment benefit?

do you know my employer user name?

Your employer gave you a red mark.

I agree. Sometimes I think I will be a little bit sad when I receive the green card because I would miss this daily excitments! As the saying goes "Its the Journey that matters, not the destination"
I have to disagree...in this case its the Destination!!!

BEtter go with lawyer...$400 is not much and will save u headache later on dur to name mismatches.

you can use AC21 even if your I140 is not approved, provided your GC sponsoring employer does not revoke it. I am speaking from personal experience.
I was stuck in the same job for 7 years and changed jobs after 180 days of filing my 485. At that time my I140 had been pending for 12 months but i took a chance. Later i got an RFE on my I140 (experience letters) but it was approved a few days after i sent in the required information.
The job description was the same although my new salary was about twice the amount mentoned in my labor. AC21 provision was created keeping in mind the extensive backlogs so if you have a good relation with your present employer go ahead and make use of it.

[QUOTE=mharik]Hi ,

Can you use portability(i.e, I-140 approved and I-485 pending more than 6 months) for studies in USA or outside US????


ANYONE????