vardinishankar
03-10 12:02 PM
No.
The only requirement is that both I-140 must have same beneficiary and all I-140 must belong to eb-1, eb-2, OR eb-3 preference categories.
The Priority Date recapture applies ONLY for immigrant petitions (I-140) approved under EB-1, EB-2 or EB-3 classification.
_______________________
Not a legal advice.
US citizen of Indian origin
Thank you very much for coming back to this - it really clarifies a lot of doubts I had in my mind. Appreciate it!
The only requirement is that both I-140 must have same beneficiary and all I-140 must belong to eb-1, eb-2, OR eb-3 preference categories.
The Priority Date recapture applies ONLY for immigrant petitions (I-140) approved under EB-1, EB-2 or EB-3 classification.
_______________________
Not a legal advice.
US citizen of Indian origin
Thank you very much for coming back to this - it really clarifies a lot of doubts I had in my mind. Appreciate it!
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justAnotherFile
03-07 02:34 PM
Hi,
Doesn't the recent USCIS Yates memo (the same one that said that H4 time will not be counted against 6 year H1 limit), also say that dependen children will be granted a GC if they were under 21 at the time of filing the petition? They need not necessarily be under 21 at the time the petition is approved...
not completely sure.. please check or ask a attorney...
Doesn't the recent USCIS Yates memo (the same one that said that H4 time will not be counted against 6 year H1 limit), also say that dependen children will be granted a GC if they were under 21 at the time of filing the petition? They need not necessarily be under 21 at the time the petition is approved...
not completely sure.. please check or ask a attorney...
supers789
07-09 03:35 PM
when is Aug 2010 visa bulletin expected?
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snathan
04-09 10:40 PM
Hello Everyone,
Hi I am a student in United States and I was on Optional Practical Training from Jan 2008 to Dec 2008. As I finished my OPT in Dec 2008 I joined again in New course for M.S in soft. Eng.
In the month of November I got a job in California through an employer, who is based in New Jersey. As I got a job the employer asked me to sign a contract which states that I will be paid 60,000 per year and I shouldn't work with his clients for 1 year after the agreement is terminated.
As the project was only for 40 days I finished it successfully and I my employer couldnt find me another job till now. So I decided to work on my own when I got an opportunity with the previously worked vendor, when my employer came to know about this he has threatened me to sue me. Then I retrieved from the opportunity but now even my employer doesnt pay me anything. It is been 4 months, he hasn't paid me anything , even he hasnt provided me any insurance.
I asked my employer couple of times to terminate my agreement otherwise I would go to Department of Labor and claim my wages but he downplays that by saying I am not on H1B so I will not be paid unless I am working with Client. But the agreement didn't say anything like that.
I have even asked him to run the payroll where I worked .I.e in California but he ran it in New Jersey. When I pointed this to him he said the payroll will be run at the residing state if the employee works more than 6 months.
We had an argument about this but he never replies to my emails he only calls me and says whatever he wants to say but when I ask him to put whatever he has said to me on phone in an email he doesnt reply at all.
And to mention, he doesnt have any documents of mine. I even didnt fill any I9 form, what ever he has is the only agreement that I signed and social security number that I emailed him to run my pay roll.
After the argument I even requested him to send my original agreement signed by two parties. I only had the agreement signed by me, he even didnt send me the agreement with his sign on it even after repeated requests.
Now he doesnt even care to answer my calls or emails. I am really tensed. I am getting opportunities from vendor that I worked with but I am afraid he would sue me. Please help me What to do. I am really really frustrated, tensed and I can't express how I feel right now.
I want to get out of the contract and work with the vendor if Possible.
Please explain me how can I tackle this problem?
I would be really very very thankful to you.
Thanks,
Uday
1. You have two hands and two middle finger...just show to him and move on.
2. Or call the DOL and inform all...and he will be in soup.
Put everything in e mail or certified mail and pass all those information to DOL and move on.
You dont have to bother anything else.
Hi I am a student in United States and I was on Optional Practical Training from Jan 2008 to Dec 2008. As I finished my OPT in Dec 2008 I joined again in New course for M.S in soft. Eng.
In the month of November I got a job in California through an employer, who is based in New Jersey. As I got a job the employer asked me to sign a contract which states that I will be paid 60,000 per year and I shouldn't work with his clients for 1 year after the agreement is terminated.
As the project was only for 40 days I finished it successfully and I my employer couldnt find me another job till now. So I decided to work on my own when I got an opportunity with the previously worked vendor, when my employer came to know about this he has threatened me to sue me. Then I retrieved from the opportunity but now even my employer doesnt pay me anything. It is been 4 months, he hasn't paid me anything , even he hasnt provided me any insurance.
I asked my employer couple of times to terminate my agreement otherwise I would go to Department of Labor and claim my wages but he downplays that by saying I am not on H1B so I will not be paid unless I am working with Client. But the agreement didn't say anything like that.
I have even asked him to run the payroll where I worked .I.e in California but he ran it in New Jersey. When I pointed this to him he said the payroll will be run at the residing state if the employee works more than 6 months.
We had an argument about this but he never replies to my emails he only calls me and says whatever he wants to say but when I ask him to put whatever he has said to me on phone in an email he doesnt reply at all.
And to mention, he doesnt have any documents of mine. I even didnt fill any I9 form, what ever he has is the only agreement that I signed and social security number that I emailed him to run my pay roll.
After the argument I even requested him to send my original agreement signed by two parties. I only had the agreement signed by me, he even didnt send me the agreement with his sign on it even after repeated requests.
Now he doesnt even care to answer my calls or emails. I am really tensed. I am getting opportunities from vendor that I worked with but I am afraid he would sue me. Please help me What to do. I am really really frustrated, tensed and I can't express how I feel right now.
I want to get out of the contract and work with the vendor if Possible.
Please explain me how can I tackle this problem?
I would be really very very thankful to you.
Thanks,
Uday
1. You have two hands and two middle finger...just show to him and move on.
2. Or call the DOL and inform all...and he will be in soup.
Put everything in e mail or certified mail and pass all those information to DOL and move on.
You dont have to bother anything else.
more...
coolmanasip
07-09 03:46 PM
It already, the new date for EB2I was March 07 and everyone was congratulating Q for his predictions!!! And then..........I woke up :)....and back to this crap :)
techbuyer77
09-17 02:37 PM
Techbuyer, thanks :) You fully deserve your GC dude. You waited your turn to get your GC!!
I realize that a Lot of people have to wait longer that I did and I realize that is frustrating, but if anything I will pay forward the help I got here coming back and helping others.
I realize that a Lot of people have to wait longer that I did and I realize that is frustrating, but if anything I will pay forward the help I got here coming back and helping others.
more...
pappu
08-23 06:43 PM
What is Code 3 and Code 1 ? My Notice says Code 3
These Codes are hidden messages to scare people. :D
In code 3, you will do all 10 Fingerprints, signature and a picture of your finger, err face. :D
These Codes are hidden messages to scare people. :D
In code 3, you will do all 10 Fingerprints, signature and a picture of your finger, err face. :D
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alp_waj
11-07 01:11 PM
Given a choice (with comparable role and growth) I will be more inclined to spend few years (~5) in Europe, post MBA.
Was just trying to make sure if there was a easier way to maintain my GC, at the same time complete my studies in parallel.
Per all your suggestions, there are ways to walk that tightrope, but its not very straight forward...Also I am not looking into deferring my studies for a year..
Will go ahead with resignation...
Thanks again for all sincere advise and wishes.
Regards
Was just trying to make sure if there was a easier way to maintain my GC, at the same time complete my studies in parallel.
Per all your suggestions, there are ways to walk that tightrope, but its not very straight forward...Also I am not looking into deferring my studies for a year..
Will go ahead with resignation...
Thanks again for all sincere advise and wishes.
Regards
more...
bijualex29
09-13 02:41 PM
EAD comes to home address or Lawyers office?
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gemini23
08-14 08:38 AM
asking contributions for each post is pestering. Please maintain sanity of the forum.
hopefulgc, will you please concentrate on action items..........
hopefulgc, will you please concentrate on action items..........
more...
gcnirvana
05-30 01:53 PM
Why did you show him the previous 797 anyways? Doesn't the previous 797 get invalidated the moment you get a new 797?
I have two 797s:
1. Valid from Feb 2006 to June 04th 2007
2. June 05th 2007 to June 04th 2010
I went to India in Mar 07 and got the stamping till 2010. The old visa stamping was from prev employer and already got expired. The new visa stamp has both 797 Receipt #s and effective dates. Had I got my visa stamping after June 2007, everything would be cool and dandy. As I got the stamping before the current one expired and came into US before the current one expired, I was given and I-94 that ends on June 04th 2007. As this I-94 is the latest, I feel that this invalidates my other I-94 I got in my new 797. I left a VM to my lawyer. Hope he gets back and I am looking into applying for my H1B extension. This sucks :(
I have two 797s:
1. Valid from Feb 2006 to June 04th 2007
2. June 05th 2007 to June 04th 2010
I went to India in Mar 07 and got the stamping till 2010. The old visa stamping was from prev employer and already got expired. The new visa stamp has both 797 Receipt #s and effective dates. Had I got my visa stamping after June 2007, everything would be cool and dandy. As I got the stamping before the current one expired and came into US before the current one expired, I was given and I-94 that ends on June 04th 2007. As this I-94 is the latest, I feel that this invalidates my other I-94 I got in my new 797. I left a VM to my lawyer. Hope he gets back and I am looking into applying for my H1B extension. This sucks :(
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Ennada
09-11 09:22 AM
It is so pathetic that there are so much people waiting in EB3-I category.
This Guy just applied in Dec 2004 and got GC. His question is whether i need to carry ?
it is only karma.
I feel for you buddy. You can't be hating the player....you got to hate the game. This is exactly how I felt when 2006 PDs were getting approved last year. You are totally right....GC depends on your Karma.
This Guy just applied in Dec 2004 and got GC. His question is whether i need to carry ?
it is only karma.
I feel for you buddy. You can't be hating the player....you got to hate the game. This is exactly how I felt when 2006 PDs were getting approved last year. You are totally right....GC depends on your Karma.
more...
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walking_dude
09-14 05:54 AM
My wifes' application is in the same situation (though mine is clear). I sent (through attorney) proof of check encashment from the bank and also a new check for $70.
Attoney gave these options
1) Send ONLY proof of check encashment - This could lead to delay in Processing till they find the locate the missing check and account it
2) Send proof of check + $70 - They may or may not encash the new check. If they resolve the issue without encashing the new check, it's well and good. If they do encash it and the issue is resolved - well, it's still better than her application getting rejected over $70 [ Of course MTR and other actions can be taken, but didn't think it was worth it]
Attorney response has reached them. Waiting for the change in her application status ( God only knows when it'll get changed)
Attoney gave these options
1) Send ONLY proof of check encashment - This could lead to delay in Processing till they find the locate the missing check and account it
2) Send proof of check + $70 - They may or may not encash the new check. If they resolve the issue without encashing the new check, it's well and good. If they do encash it and the issue is resolved - well, it's still better than her application getting rejected over $70 [ Of course MTR and other actions can be taken, but didn't think it was worth it]
Attorney response has reached them. Waiting for the change in her application status ( God only knows when it'll get changed)
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desitechie
06-18 03:11 PM
I got a letter from my supervisor/manager detailing my experience and duration and got it notarized.
Worked for me.
Worked for me.
more...
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sanagani
06-08 01:38 PM
Hi all,
I have sent my application for ead renewal on 05/03 to phoenix lockbox. The application was rxd. and signed for on 05/04.
However i have not seen my checks cashed yet nor received any information from USCIS.
has anyone else experienced delays with phoenix lockbox?
What steps can i take now?
please advice.
same here sent the form for EAD renewal on 05/7 , checks not yet encashed yet..
I have sent my application for ead renewal on 05/03 to phoenix lockbox. The application was rxd. and signed for on 05/04.
However i have not seen my checks cashed yet nor received any information from USCIS.
has anyone else experienced delays with phoenix lockbox?
What steps can i take now?
please advice.
same here sent the form for EAD renewal on 05/7 , checks not yet encashed yet..
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EkAurAaya
11-30 10:31 PM
to file a new set of 485s for the new current PD when two individuals have pending 485s and a A# assigned.
The great ways of USCIS.
Anilsal.. it is perfectly fine and allowed to have multiple AOS application, and in many ways common too... a friend of mine had his EB 485 pending, he then got married to a US citizen... he had to file another AOS to get GC through marriage.
Sometimes people have FB AOS pending and they apply EB AOS.... so this was nothing out of the ordinary.
The A# is used to merge the applications. So there are no open cases if one is approved... hope this makes sense.
The great ways of USCIS.
Anilsal.. it is perfectly fine and allowed to have multiple AOS application, and in many ways common too... a friend of mine had his EB 485 pending, he then got married to a US citizen... he had to file another AOS to get GC through marriage.
Sometimes people have FB AOS pending and they apply EB AOS.... so this was nothing out of the ordinary.
The A# is used to merge the applications. So there are no open cases if one is approved... hope this makes sense.
more...
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anilnag
11-07 04:16 PM
Your PD is quite old. As everyone said keep the doors open. You might get GC sometime later in 2008. Then u decide whether to come back on GC or enjoy Eiffel Tower.
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gsc999
03-04 01:02 AM
Prove it. I trust my lawyer. She says that only H1B expenses should be paid by employer. Period.
--
You know what, you win I loose. Keep paying for your GC out of your pocket.
7.5K and counting. :p
--
You know what, you win I loose. Keep paying for your GC out of your pocket.
7.5K and counting. :p
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Thombi
07-11 07:53 PM
Has anyone considered the implications of identity theft, fraud etc if the USCIS does start returning the adjustment of status applications? When my daughter applied for adjustment of status a couple of years ago her application was rejected erroneously and returned to her. When she opened the package, it not only contained her information, but also someone else's highly confidential and personal documents. The documents were completely mixed in with hers - all out of order - and even the other person's check was returned to her. The person's case was also very time sensitive and of an extremely confidential nature.
We gathered up the information and personally returned it the local USCIS office - who told us it happens all the time! We sent a letter to the person concerned telling him what had happened and advising him to contact the office immediately.
Imagine what might happen if the USCIS starts returning the 1000's of July applications. There is a good possibility they could mix up applications, return them to wrong addresses or lose valuable paperwork. They certainly won't return applications via Fedex or UPS - they'll just throw them in the mail without any way to track them.
Many green card applicants, have social security numbers and have been working for years to build good a credit history. Anyone getting hold of these packages will have access to all personal history, addresses and of course the bank account information on the checks sent to pay the application fees. Just a thought . . .
We gathered up the information and personally returned it the local USCIS office - who told us it happens all the time! We sent a letter to the person concerned telling him what had happened and advising him to contact the office immediately.
Imagine what might happen if the USCIS starts returning the 1000's of July applications. There is a good possibility they could mix up applications, return them to wrong addresses or lose valuable paperwork. They certainly won't return applications via Fedex or UPS - they'll just throw them in the mail without any way to track them.
Many green card applicants, have social security numbers and have been working for years to build good a credit history. Anyone getting hold of these packages will have access to all personal history, addresses and of course the bank account information on the checks sent to pay the application fees. Just a thought . . .
anzerraja
07-20 09:29 AM
Lately the members of IV have come to know that Aman Kapoor, the co-founder of IV has sold his house and spent around $64000/- towards the administrative costs of IV. This too was brought to our attention from a regular member like you and me, without which this would not have come to our knowledge at all.
So some of the members have taken an initiative to reimburse Aman and other core IV team members with the expenses they have incurred so far towards the administrative costs of IV. Note that the time they have spent and the sufferings cannot be compensated. Let us do the least by atleast compensating the money. Please do not donate directly to IV funds.
There is a funding drive in this other thread towards reimbursing the administrative costs of IV.
http://immigrationvoice.org/forum/sh...ad.php?t=10708
Could you please pledge an amount ?
So some of the members have taken an initiative to reimburse Aman and other core IV team members with the expenses they have incurred so far towards the administrative costs of IV. Note that the time they have spent and the sufferings cannot be compensated. Let us do the least by atleast compensating the money. Please do not donate directly to IV funds.
There is a funding drive in this other thread towards reimbursing the administrative costs of IV.
http://immigrationvoice.org/forum/sh...ad.php?t=10708
Could you please pledge an amount ?
gcformeornot
10-19 06:40 AM
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