ramnadhan
12-13 04:49 PM
January 2008 Visa Bulletin and Predicament of Unmarried Indian EB-2
India has a tradition of family match-making marriage that more or less determines the timing of a marriage for a single person. When the EB visa numbers were open a few months ago, the unmarried single EB-2 worried about premature approval of their I-485 applications before they would have married and often talked about the way to delay approval of I-485 applications until they would marry. The January 2008 Visa Bulletin and the State Department prediction for the EB availability in coming months have removed such worry from these Indian professionals. However, in an unanticpated twist and irony of the development, they will instead face a different problem, to wit, their future spouses may not be able to apply for a following-to-join derivative EB immigrant visa benefits for a long time. Considering the amount of time the future spouse will have to wait to file for the immigrant benefits, it may be important for these EB-2 Indian professional to take at least two actions. These unmarried Indians have maintained a H-1B status to bring their future spouses in a H-4 visa status so that they are not separated after they marry. This strategy will become more real and critically important, meaning that they should keep staying on a H-1B status and not using EAD and AP. If they returned using AP, they may at some point of time, reinstate their H-1B status before their H-1B validity runs out. The other action which they should take is to file concurrent EB-2 and EB-3 I-140 petitions using the same EB-2 labor certification. Since the EB-3 is more favorable or at least will have a cut-off date rather than "unavailable," in certain situation they may maneuver the immigration rules that permit transfer of pending I-485 applications between EB-2 and EB-3 during the period when the visa numbers remain current for him/her. Such maneuver may at least allow the spouse to file I-485/EAD/AP. When EB-2 becomes more favorable, they may have to transfer the I-485 applications back to EB-2 petition. This maneuver is not a good option for everyone as it will require a log of juggling. However, some earlier priority date EB-2 Indians may dare to venture such juggling because of their unique circumstances that require filing of I-485 application for the spouse. It is something to think about and people should seek legal counsel.
I hope this info useful for our fellow members.
Thanks,
Ram
India has a tradition of family match-making marriage that more or less determines the timing of a marriage for a single person. When the EB visa numbers were open a few months ago, the unmarried single EB-2 worried about premature approval of their I-485 applications before they would have married and often talked about the way to delay approval of I-485 applications until they would marry. The January 2008 Visa Bulletin and the State Department prediction for the EB availability in coming months have removed such worry from these Indian professionals. However, in an unanticpated twist and irony of the development, they will instead face a different problem, to wit, their future spouses may not be able to apply for a following-to-join derivative EB immigrant visa benefits for a long time. Considering the amount of time the future spouse will have to wait to file for the immigrant benefits, it may be important for these EB-2 Indian professional to take at least two actions. These unmarried Indians have maintained a H-1B status to bring their future spouses in a H-4 visa status so that they are not separated after they marry. This strategy will become more real and critically important, meaning that they should keep staying on a H-1B status and not using EAD and AP. If they returned using AP, they may at some point of time, reinstate their H-1B status before their H-1B validity runs out. The other action which they should take is to file concurrent EB-2 and EB-3 I-140 petitions using the same EB-2 labor certification. Since the EB-3 is more favorable or at least will have a cut-off date rather than "unavailable," in certain situation they may maneuver the immigration rules that permit transfer of pending I-485 applications between EB-2 and EB-3 during the period when the visa numbers remain current for him/her. Such maneuver may at least allow the spouse to file I-485/EAD/AP. When EB-2 becomes more favorable, they may have to transfer the I-485 applications back to EB-2 petition. This maneuver is not a good option for everyone as it will require a log of juggling. However, some earlier priority date EB-2 Indians may dare to venture such juggling because of their unique circumstances that require filing of I-485 application for the spouse. It is something to think about and people should seek legal counsel.
I hope this info useful for our fellow members.
Thanks,
Ram
wallpaper 10+weeks+pregnant+with+
gcisadawg
04-07 05:06 PM
sam_gc,
Thanks for the response! Fear and hope compete against each other in this dilemma! Seems like the decision rests with the IO whenever she enters next time.
There is a provision for extending B2 visa. If they dont allow, they wouldnt have it in the first place. I understand getting Immigration benefit is a privilege and not a right! The question is how to balance our needs without overreaching it!
Rgds,
gcisadawg
Thanks for the response! Fear and hope compete against each other in this dilemma! Seems like the decision rests with the IO whenever she enters next time.
There is a provision for extending B2 visa. If they dont allow, they wouldnt have it in the first place. I understand getting Immigration benefit is a privilege and not a right! The question is how to balance our needs without overreaching it!
Rgds,
gcisadawg
clif
07-29 08:10 AM
Two other issues could be:
1. You will not be able to travel on student visa. If you enter US on student visa, it is considered as abandonment of I-485 application.
2. You need recent salary statements for EAD renewal every year.
1. You will not be able to travel on student visa. If you enter US on student visa, it is considered as abandonment of I-485 application.
2. You need recent salary statements for EAD renewal every year.
2011 pictures I`m 10 weeks pregnant
H4_losing_hope
02-13 04:33 PM
H1B or not to Be is the question ?
join IV for the answers ;)
I like this one!
join IV for the answers ;)
I like this one!
more...
desi3933
06-21 05:21 PM
I have Old EB3 Labor and I-140 approved with PD 2003. I changed my employer and ready to file I-140, would like to port the PD from my old I-140. Could you tell me what steps I need to take care so that porting will be done by USCIS. Job Titles do not match, however description and salary are same.
Thanking you in advance.
You need to have 2 (or more) approved I-140s for Priority Date transfer.
Job Title, Description and Salary do NOT matter.
Please check and verify details with your attorney/lawyer. This is NOT a legal advice.
-------------------------------------
Permanent Resident since May 2002
Thanking you in advance.
You need to have 2 (or more) approved I-140s for Priority Date transfer.
Job Title, Description and Salary do NOT matter.
Please check and verify details with your attorney/lawyer. This is NOT a legal advice.
-------------------------------------
Permanent Resident since May 2002
little_willy
11-25 12:18 AM
I would suggest just sending the G-28 forms with the new attorney information. Once this is submitted, call USCIS customer service a week or two later to confirm that the correct attorney information is on file. Later, if you wish, you can send the AC21 documentation. As always, any documents to USCIS should be sent by certified mail or something similar to show the proof if you need it later.
As far as I know G-28 won't trigger an RFE but don't know about AC-21 documents. If you search the forums, you will find that almost always the AC-21 papers don't reach your file.
As far as I know G-28 won't trigger an RFE but don't know about AC-21 documents. If you search the forums, you will find that almost always the AC-21 papers don't reach your file.
more...
go_guy123
03-12 09:42 PM
My friend is in the I-140 stage of green card processing
She needs to choose between Counselor Processing or I485
Which one is better Counselor Processing or I485 ?
Your feedback is greatly appreciated
She needs to choose between Counselor Processing or I485
Which one is better Counselor Processing or I485 ?
Your feedback is greatly appreciated
2010 They are now 10 weeks pregnant
mhathi
08-25 09:23 AM
Hi kondur_007,
Now can i do the 140 premium processing,to know the result asap.
If my 140 is still in process,can i file another perm labour and can i use my old labour dates.
Thanks for ur response.
Priority dates cannot be ported unless I-140 is approved. Unfortunately, in this case it looks like you will lose your original PD if they deny/refuse to accept your I-140 application.
Now can i do the 140 premium processing,to know the result asap.
If my 140 is still in process,can i file another perm labour and can i use my old labour dates.
Thanks for ur response.
Priority dates cannot be ported unless I-140 is approved. Unfortunately, in this case it looks like you will lose your original PD if they deny/refuse to accept your I-140 application.
more...
morchu
04-29 05:53 PM
F1 is a pure non-immigrant visa. Means at the time of F1 application, if the consulate feels that there is an "immigration intent" they will (and have to) reject the F1. Just by stating that her fiancee is an immigrant, I see potential F1 rejection due to "immigration intent".
Thanks snathan and aravindhome for your responses.
I'm going to consult an attorney on this for sure...
After i consulted my friends and after going through some other posts i figured that F1 is the best option i have now.
My fiancee is interested in pursuing her higher education, but just wanted to find out if it would be OK that i sponsor her education and state that her fiance is in US with green card at the time of visa application?.. would this cause any problems for getting her F1 visa?
OR should she not mention anything about me in any stage be it in University Admisssion process or the F1 visa application process?
I know all of the other options (H1, L1, B1 and GC sponsor for spouse) would require much time.
aravindhome-- i'm not sure how fast can she get a canadian PR and then come to this Country?...On what basis is she going to enter this country?
Thanks a lot
Ravi
Thanks snathan and aravindhome for your responses.
I'm going to consult an attorney on this for sure...
After i consulted my friends and after going through some other posts i figured that F1 is the best option i have now.
My fiancee is interested in pursuing her higher education, but just wanted to find out if it would be OK that i sponsor her education and state that her fiance is in US with green card at the time of visa application?.. would this cause any problems for getting her F1 visa?
OR should she not mention anything about me in any stage be it in University Admisssion process or the F1 visa application process?
I know all of the other options (H1, L1, B1 and GC sponsor for spouse) would require much time.
aravindhome-- i'm not sure how fast can she get a canadian PR and then come to this Country?...On what basis is she going to enter this country?
Thanks a lot
Ravi
hair 21 Weeks Pregnant
willigetgc?
07-28 07:47 AM
India is still in my heart and love everything about her. For me the people hold the charm and since I have lost them, it is hard to consider going back... When I first came almost 15 years ago, I didn't want to stay here but now I 'can't' go back.. One of life's twisted ironies.
That's my story.
Good Luck to all those who decided to go back and good luck to those who decided to stay back.
That's my story.
Good Luck to all those who decided to go back and good luck to those who decided to stay back.
more...
Pria
01-06 04:25 PM
Thanks so much for taking time to respond. I have e-filed my application and am sending all supporting documents today. It appears that the processing time is about 90 days, so I might not be able to leave in Feb afterall. But at least I will have my Travel document ready for any future travel plans.
Best,
Pria
Best,
Pria
hot 2011 I am 10 weeks pregnant
micofrost
07-15 01:54 PM
Well, the first statement is true; the second, however is not. When one starts to work on EAD, his/her status changes to AOS, assuming his/her I-485 is pending. So, in this case, she will no longer be considered being on H4.
You can still work on EAD and maintain your H4 as long as you do not go out of the country. If you go out and enter on AP, then you switch back to AOS, no reporting to USCIS is necessary. But if you can still file I-539 and switch back to H4 again.
But on H4 you can still work on EAD, while maintaining your H4 status.
I would ask everyone , pls be careful while responding to someone's querry. And the person asking should also consult a lawyer. In this case, since I am in the same boat, and the advice came from the lawyer. I just got my spouse H4 extended for another 3 years, the after 6 years extension, while she is working on her EAD.
You can still work on EAD and maintain your H4 as long as you do not go out of the country. If you go out and enter on AP, then you switch back to AOS, no reporting to USCIS is necessary. But if you can still file I-539 and switch back to H4 again.
But on H4 you can still work on EAD, while maintaining your H4 status.
I would ask everyone , pls be careful while responding to someone's querry. And the person asking should also consult a lawyer. In this case, since I am in the same boat, and the advice came from the lawyer. I just got my spouse H4 extended for another 3 years, the after 6 years extension, while she is working on her EAD.
more...
house group in weeks pregnant
shana04
06-22 05:04 PM
I was thinking on how USCIS may be working.. heres my thought.
Boss come out of the cabin and a clerk approaches and says, Saar ji need vacation kids are getting bored in their summer vacation, boss being in a good mood announces okie everyone go on vacation for 2 months, also ask the internet guy to make the dates "UNAVAILABLE"
Then some seniors are planned to visit the USCIS office, since the dates are not current all the clerks are chit chatting, playing games on computer, texting..etc etc.. boss comes out of his office and says, what all you guys are doing ?? Get back to work.
Again a clerk comes to the officer and says :D saar dates are not current what do we do, nothing is there to do. Boss turns really angry and says go and preadjuducate the preadjudicated cases and send RFEs. Show that you are working, make some calls threaten people of fraud, send finger printing notices.
To check if this huge force is working or not he logs on to immigrationvoice.org and and start browsing the threads and then he find people posting question about the RFE on medical TST etc etc.. He is happy and satisfied that his clerks are working and may get an appraisal from his who is likely to visit the office anytime.
:D:D:D:D:D:D:D:D:D
Really good one!
Boss come out of the cabin and a clerk approaches and says, Saar ji need vacation kids are getting bored in their summer vacation, boss being in a good mood announces okie everyone go on vacation for 2 months, also ask the internet guy to make the dates "UNAVAILABLE"
Then some seniors are planned to visit the USCIS office, since the dates are not current all the clerks are chit chatting, playing games on computer, texting..etc etc.. boss comes out of his office and says, what all you guys are doing ?? Get back to work.
Again a clerk comes to the officer and says :D saar dates are not current what do we do, nothing is there to do. Boss turns really angry and says go and preadjuducate the preadjudicated cases and send RFEs. Show that you are working, make some calls threaten people of fraud, send finger printing notices.
To check if this huge force is working or not he logs on to immigrationvoice.org and and start browsing the threads and then he find people posting question about the RFE on medical TST etc etc.. He is happy and satisfied that his clerks are working and may get an appraisal from his who is likely to visit the office anytime.
:D:D:D:D:D:D:D:D:D
Really good one!
tattoo 10+weeks+pregnant+belly+
dollar500
08-06 06:27 AM
Interesting discussion. Sounds logical but you are missing that it was current for a long time in 2002 to 2005.
Although you might be right about the movement.
Although you might be right about the movement.
more...
pictures 10+weeks+pregnant+belly+
Lollerskater
08-05 12:23 PM
OP are you compiling statistics? For EB2 or EB3?
I'm another July 2 filer for EB3. Still waiting. However, the visa bulletin states all EB3 visas are unavailable and thus, we should be waiting.
Is there some kind of info leading you to think that us, July 2 filers, shouldn't be still waiting?
I'm another July 2 filer for EB3. Still waiting. However, the visa bulletin states all EB3 visas are unavailable and thus, we should be waiting.
Is there some kind of info leading you to think that us, July 2 filers, shouldn't be still waiting?
dresses 10 weeks:
smisachu
08-04 09:41 AM
mee too!
more...
makeup Pregnancy diagnosis.
Sp�rL
05-06 07:31 AM
AHHHHHH! brain malfunction!! ..... kidding!
Whats with all the gay tutorials???
all of them basically say "copy and paste this, ill tell you what it is later" and then not go indepth on all of the code.
i think ill look at that IMHO stuff :S
^Don't lie to him. Spyrl your going to need to remove your current DX9 card or DX10 card and put in a DX7 when your testing. lol i wasnt thinking at the time and only reliesed what i said later. (lol silly me)
and btw i was using that slide out menu as an example.
Whats with all the gay tutorials???
all of them basically say "copy and paste this, ill tell you what it is later" and then not go indepth on all of the code.
i think ill look at that IMHO stuff :S
^Don't lie to him. Spyrl your going to need to remove your current DX9 card or DX10 card and put in a DX7 when your testing. lol i wasnt thinking at the time and only reliesed what i said later. (lol silly me)
and btw i was using that slide out menu as an example.
girlfriend 10+weeks+pregnant+belly+
sumansk
10-24 06:08 PM
Hello guys ,
any idea why I cannot find the receipt numbers and its statis on the uscis web site.I obtained the receipt numbers from the back of the cheques that they cashed..
thanks in advance
any idea why I cannot find the receipt numbers and its statis on the uscis web site.I obtained the receipt numbers from the back of the cheques that they cashed..
thanks in advance
hairstyles Becoming more than one 10
shortchanged
07-18 07:16 PM
Since it is asked when was your last entry into USA, your I-94 on 15th has to be entered into the 485 application.So to be safe, you will have to be in USA at the time your I-485 form is filed.Actually if you can overnight First Fedex it,it will arrive at NSC on 17th morning, you will still be in the window of opportunity.Remember,NSC picks up mail only once a day.
If I were you, I would return back earlier than 15th to be in USA at the time of filing.You never know when your next opportunity for AOS filing will come.
In fact I am cancelling 5 airline tickets ,I am loosing $1500.00 just for this cancellation,in addition to many other inconveniences.I am sending my Mother all by herself.
If I were you, I would return back earlier than 15th to be in USA at the time of filing.You never know when your next opportunity for AOS filing will come.
In fact I am cancelling 5 airline tickets ,I am loosing $1500.00 just for this cancellation,in addition to many other inconveniences.I am sending my Mother all by herself.
thirumalkn
07-23 07:31 PM
AFAIK, as long as the core duties mentioned in the LC don't change considerably (by more than 50%), the company can promote you anytime.
Thanks for the reply.
So, does that mean the title can totally change if the job responsibilities are 50% same ?
Thanks for the reply.
So, does that mean the title can totally change if the job responsibilities are 50% same ?
like_watching_paint_dry
12-21 09:40 AM
tell your friend to put 33% less effort on the project work. take 1.5 days in a week off for searching for other jobs and talk to a lawyer, DOL. with the offer letter he can be sued by a gain-share arrangement with some lawyer - these lawyers charge no upfront fees but the lawyer takes x% of the damages awarded... better a blood sucking lawyer make the money than a blood sucking employer.
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