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LCtank

05-19 01:53 AM

To be honest I don't like the title, but it's good to have our voices heard loudly, anyway.

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letstalklc

11-24 03:47 PM

I just started using SBI global and I am happy with their services. One question though. I am sending money to my own account. I know we have to declare the accounts more than 10K. Is the interest earned on that money taxable in US ? Another question is , since we are here is that money taxable in India also ? If yes, how do we manage our indian taxes while living here(tax returns etc). Any help would be great.

I have SBI NRI account (You can only transfer USD, not sure about other currencies, but for sure you can't deposit India Rupees), for this account you dont need to pay any tax in India, whatever you transfer from here are alredy taxed, so dont worry, even you dont need to pay the tax on the earned interest from ur NRI account.

Please note that there is one more accout type exist for NRI, this account will allowed to deposit indian rupees, but you have to file taxes for the earned interest/income.

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pd_recapturing

09-26 04:13 PM

Hi, I received the RNs of my wife and me (485,765 and 131) by calling the USCIS today. Online status check shows the receipt date of 09/24. I dont see my checks cashed yet. How much time it takes to get the check cashed ?

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panini

06-11 03:48 PM

If you have not been to Canada or lived in Canada since your landing I would assume that your Canadian PR would have been automatically cancelled because of the 3 years out of 5 years rule.


I was wondering if anyone here who had a canadian PR (i.e. did a landing), got GC later has travelled again to Canada again?
We got canadian PR in 2005 and did a landing while we were waiting for our GC. We got a our GC last year and are planning to visit canada using our GC. Are there going to be any issue in entering canada?

Also, we travelled to India last year and received new I-94 when we got back into US using AP. Very soon (days) we received our GC's. I am not sure what do with these I-94's when we leave US. Do we still need to surrender these as in the past?

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nmdial

11-23 08:59 AM

My sister was denied a visitor's visa in the summer of this year at Delhi:
1. She was told that they have a policy of denying visas to young unmarried women who are student.
2. She is currently a PhD student in India.
3. They did not ask any more question.

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validIV

03-18 12:33 PM

You have an EAD, so you can file the incorporation or founding of the company yourself. You do not need a partner. As for formation and dissolution fees for the business entity of your choice, you would need to research that by your state.

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redds777

04-21 07:27 PM

I am July 2007 filer, submitted I485, EAD/AP for me and my wife but as of now no LUDs on both I485s. Submitted at NSC but transferred to TSC this is happend at that time only now the case is pending at TSC.
EAD renewed last year got one year only now we have to renew this year again.
Many of my friends and their familes updated LUDs on 485 and even I read many threads in this forum regarding soft LUDs once or twice but mine is nothing... don't know:confused:

I took infopass appointment to know the status of my I 485. They said the case is pending it may take time and also said mail the letter to TSC and ask them what is the status? but she didn't say name check pending etc.., I don't where is stuck my application these I had wait once the processing time comes then they will update but nothing done....

Any one is facing same kind of situation?
Please let me Know.

PD Aug 2006 EB2
I485 pending at TSC, ND Sep 2007
no LUDs on 485 :(
FP done Nov 2007



Hi

I am in same situation as you. my priority date is June 06.

i took info pass and went to baltimore office. he said name check is cleared and the case is pending in TSC. I asked him to let me know if my case is coded under EB2 or not. he said he does not have that info.

Hope LUDs will be there soon.

Thanks

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BornConfused

07-03 10:21 AM

u talk like a kid in class II.

In the second grade you mean? And yet you're the one using "u" and in lower case letter. Chill and use your sense of humor if you have one.

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Maverick1

09-26 12:25 PM

Hi All,

NSC received my I765 applications on June 21st. I am still waiting for my EAD. I have seen many people from NSC got their approval for the same time frame. Is there anypone in the same boat. Is this something I should be worried about.

Thanks!

I have been following the data for a while and I see a surge in EAD approvals. There are boatload of approvals from 9/24 and 9/25 (Some still pouring in).

If your case reached June21 (Not Jul 21st ?) , you can request an appointment at the local office and they can request a temp EAD card for you. Or since 90 days is over , you may call the 1 800 number.



Hi,
I filed (along with Wife and son) at NSC on july 2nd.

Got the Receiptts with Date Aug-28 for 485 for all of US.

Also Finished the Finger Printing on 25-Sep-2007.

When can I expect my receipts for EAD and AP?.

Anyone in the same boat?

Thanks,
alex...


AS I stated above there are quite a few approvals lately, but there are a bunch still waiting .


Question for those who got EAD and AP : Did your LUD on these applications change on line when your EAD/AP is approved ?

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krishnam70

04-06 04:44 PM

Really? Nobody? Nothing? :( Please, any advice will do, I'm desperate, I don't want to leave in 2 weeks, I need some more time with my partner...

This is a unique situation and may be an immigration attorney will guide you better. You should try to follow the law where ever possible. It could have been much easier had you gone out when your visa expired and returned back on another visa. Anyway try to speak with an attorney and get a good advise on how to remedy this situation

- cheers
kris

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sreedhar

08-22 01:35 PM

Hello Guys...,

I applied My and My Spouse EAD on July 12, 2008 and Notice date July 15, 2008 and we both got our EADs approvals on Aug 08, 2008 and we did receieved 2 Years EADS on Aug 19, 2008. I am EB-3 I PD SEP-2004.

-Sree

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cox

June 16th, 2005, 10:14 PM

#1 is really good. The eye in #2 is too much in shadow, and what highlight in the eye that can be brought out looks strange (some angular reflection visible in Nik's version). Also, the white wing blaze is center frame, and pulls your eye from the face.

Besides the better pose etc. of #1, the eye contact is much better, and that makes the shot, IMHO. Dark animals, especially birds with high contrast plumage are really hard to shoot, and you got him in #1.

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vinkapoor

10-24 04:29 PM

The online status of my EAD application indicated that EAD card was ordered and then approved back on October 01, 2007. I have still not received card in my mail. Anyone in same situation?

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gc_relief

03-06 01:25 PM

Guys this will be a good idea..If we can send a letter to Pres Obama like we did in the past..Let me know your thoughts..

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Munna Bhai

01-10 04:09 PM

munabhai
i filed my I-140 in may 07 and got RFE in NOV-07 and replied in dec07.

what that RFE was for?? education or pay??

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arihant

03-14 04:43 PM

http://www.germany.info/relaunch/info/consular_services/visa/transit.html
after a legal stay in the USA (this includes holders of valid approval notices), Canada or Switzerland- return to the country whose citizenship they hold

do not need an airport transit visa

I presume the above is what you are referring to. My wife (on H4) and I (on H1B) are planning to fly to India later this year on Lufthansa. Both of our Visas have expired although we hold valid H extension approval notices. Will we need transit visas or will the above rule apply? Any body with experience of similar situation?

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raysaikat

05-24 05:43 PM

... My husband applied for GC and I have dependent EAD till Oct 2010 but then he moved out of USA last year ...

One point to add: If your husband did not get AP before going out and/or stayed outside for too long and/or did not file taxes in US, etc., then it is possible that he has abandoned his GC application, in which case the dependent's EAD also becomes invalid.

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Jaime

09-14 03:56 PM

Whats the 30,000? I'm not listening

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meridiani.planum

07-30 06:24 AM

I have a unique problem with possibly getting a green card too early. Please let me know how I can make this situation better. My priority date in EB2 India is in Jan 2006, which means potentially I could get my green card in 2-3 months.

I plan to get engaged in December 2008 and married in December 2009 to an Indian born Australian citizen. As far as I can see, her chargeability would be from India.

What are my options to make my life easier and to be able to successfully bring my future wife to the US the easiest possible way. So far, I have 2 options:

1. Use the special E3 work visa for Australian citizens.
2. If I dont get my GC within the next few months, do an early court marriage and invoke the following-to-join spouse when she is ready to come to the US.

If you follow #1 while you will have your GC immediately your wife will need to maintain her E3 visa until your PD is current again.

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pressman

January 5th, 2005, 04:55 AM

Rob - this is superb street journalism - the selective colouring adds to the impact. Nice job.
Pete

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GCwaitforever

05-26 10:36 PM

Guy, we can send a small hand written card to our senators and to QGA(if we are thankful enough). Thi is what I'm going to do:cool:

Amen to that.

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raysaikat

06-10 10:18 PM

I'm confused - Everyone who has a 140 is supposed to have a Labor and very likely that will be more than 365 days old. So why do anyone need 140 approval in that sense ?

And not all EB applicants have labor. EB1 and EB2-NIW have no labor. Such applicants would benefit greatly from this rule since USCIS is taking a ridiculous amount of time to adjudicate I-140's.

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gsc999

06-29 11:12 AM

My friend

What else we lose if we stand up the plate to express some legitimate concerns?

Most of the members of this forum (and so many more) have already lost the prime time of their lives because we just followed the path of playing by rules.

Unless some compelling personal reasons, i do not see any thing wrong to raise the voice
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satyasaich,

I am sorry for the misunderstanding. It seems my attempt at sarcasm didn't work.

CIR is not amnesty. It is a solution to a problem. People who label CIR as "amnesty" are narrowly viewing the legal definition rather than taking the broader view of trying to solve the problem of immigration. The issue here is not what is the legal definition of amnesty but a comprehensive solution to immigration.

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beautifulMind

06-16 10:10 AM

Are you sure of this..This is very important for my wife. Her F1-OPT begins in October and I feel that the I-485 EAD may not come till then. She also has a job offer to start in october so we are thinking that it should be ok to start working on F1 OPT till we get our 485-EAD and eventually shift

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Asian

11-21 09:38 AM

I am all for it. I know some members are bitter about this potential price hike but they can still choose not to, if they don't want to.

Actually, time is money. We should not underestimate the time value of our waiting in terms of dollars. It would be still beneficial to get the GC sooner despite higher cost and find the better paid jobs without strings attached. Still many good companies are unwilling to hire h-1 b for various reasons. The time value I have lost in years of waiting is a lot more costly.

As you all remember in economics, when the demand and supply doesn't meet and regulated with fixed price, there is a long line of waiting.

As the legal process is stuck, many people are considering marriage with citizens, which is not an option for me. If not well thought of before making a decision, many will eventually divorce and the cost will be even more costly for the individuals and to the society.

Sorry if that title is misleading.

How many people here are positive that USCIS will come up with premium processing feature for I-485 stage?

Don' worry about the available visa numbers. Just express your hunch feeling.

Incrementally the waiting game is being reduced by incorporating premium processing for H1-B, Labor and lately I-140. Why not for I-485?

I am hopefull of this happening next year.
What about you?

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spicy_guy

11-24 04:47 PM

I prefer in this order.

- WellsFargo Money Transfer Service
- SBI
- ICICI

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seahawks

07-18 09:42 AM

I agree, the opportunity and benefits to file 485 far outruns anything else.

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maverick_iv

11-27 02:03 PM

There were two ways to substitute a labor. One by applying for an I-140 with an approved labor certification. Another way was to substitute the beneficiary name in a pending labor certification application. Maybe thats what the company lawyer did.

For the latter, I am not sure if one needs the beneficiary's signature to do so. One way to check is to ask the company's lawyer for the case number and you could check the status. If the labor is pending with one of the BECs you could request for a screenshot of the case status and that would have the beneficiary's name. But since the BECs are being phased out, I am not sure if they still honor status requests.

My friend is in India during the July 15 period. He is being told by the consulting firm that they have applied for Labor Substitution. All I know about labor substitution is that you have to apply for I 140 along with the approved labor sheet that company gets from DOL. The company Lawyer kept saying that they have sent it to DOL for substitution. I just want to clarify that there is no other way of substitution other than applying I 140.
Thank you

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perm2gc

05-31 12:18 PM

Recently joined.

Contributed $200.
Thank You.People who are just browsing the forum..please come forward..it is not only our issue but it is EVERYONE'S issue..if we don't act now..we will have no time to act in future.

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sam_hoosier

03-26 10:18 AM

I am hoping to travel via emirates to bangalore..I have avoided other airlines due to transit visa issues...any experince using Emirates??.

I have traveled on Emirates to Chennai a couple of times but that was via London. Emirates is definitely among the top 5 airlines in the world in terms of customer service. Nice & comfirtable seats, great food, transit at Dubai was a breeze. Would definitely recommend :)

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Oct007

11-02 12:54 PM

There are no plans for extended vacation.

I thought the 3 year h1b extension after 140 approval is a one time deal and there would be no further extensions :confused: .

I am not aware of the 12yr lifetime H1B limit. Can some one shed some light on this?

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needhelp!

10-09 01:41 PM

From our meet & greet last saturday:

GC Quiz:
Created For: Dallas Greet-Eat meet: 10/06/07 -- Immigration Voice
-----------------------------------------------------------------------------------------------------------------------------------------


What are the Pros and Cons of AOS and Consular Processing?
Explain the terms: Priority Date, I-140, 485, PERM, EB1, EB2, EB3, Country based quotas, Visa revalidation, EAD, Advanced Parole, Biometrics, Finger Printing.
You have not got your green card yet. What do you think what is preventing the system to give you the green card?
What is the importance of �Employment Letter� in AOS or consular filing stage?
What is AC21 law?
If CIR bill would have been passed and became the law what benefits (being an EB based applicant) you might have gained?
You are holding Masters Degree and had 8 years of experience before coming to USA and work for your first US based company then also your Green Card application was filed under EB3 category. Why?
What are RIR and regular processing for old Labor approval system?
Why Labor and are considered employer�s property and 485 Employee�s property?
What is the purpose of Labor approval process as a sub stage in Green Card Process?
Define the term Permanent Resident.
What would be your obligations as Permanent resident?
What is Visa Bulletin? And which agencies are involved in creating and publishing visa bulletin?
Explain different codes for Finger Printing process
You applied for your EB based 485 along with EAD and AP during July Fiasco. You have just received your EAD approval and Finger printing is also done. Your H1B Visa stamp in passport is expired. Your friend in Canada invites you to visit him for 29 days for a big celebration. Can you visit Canada? If no than explain us why and if yes than explain us which kind of immigration related documents you MUST keep with you while visiting.
Same question as above but for 31 days or longer visit.
What is the easiest way as a citizen of India for you to become permanent resident of USA? Choose only one. And explain your answer.
-Apply under family category
-Apply under employment based category
-Apply as Investor/entrepreneur (Start a business)
-Marry to a US citizen

�What is the best option: To work on H1B OR to work on EAD? And why?
�You applied for 485 in February 2007. You have received your approvals for EAD and AP by now but still you have chosen to work with your present employer on H1B Visa. You are getting a very good job offer which you do not want to loose. What strategy you would consider a best strategy so you get this new lucrative job and do not jeopardize your green card process.
�What historical part Immigration voice has played so far for streamlining EB based immigration?
�Which factors can jeopardize your Green Card in case of very long processing wait?
�You are a citizen of India. You came in USA on H1B visa in year 2000. Your employer filed your Green Card under EB3 � NON RIR category. Down the road your company filed the Green Card for your Pakistani colleague in year 2005 and in year 2006 November you came to know that your Pakistani colleague became permanent resident as his GC application approved. Upon hearing this news you get frustrated. What do you think why your Green card is not yet approved? What could be the reasons behind this long delay?
�What is the Maximum limit of Visa numbers applicable to Indian citizens under all EB categories?
�What is LIFE act? To which kind of Green Card applicants it can affect?
�Once you get Green Card. What will you do to retain it forever?
�What is Re-entry Permit?
�How long you can remain as permanent resident of USA?

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thomachan72

11-08 03:03 PM

regarding carrying older LCAs;
It might never be asked. However, the only time it is asked is when you dont have it with you.
Be prepared to carry a transparent plastic bag or so with all the documents. Its a pain but better to be careful.:(

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ash0210

11-21 07:06 PM

gc_in_30_yrs, I will file new Labor in PERM with this new job Responsibilites..! :D

I am sure ash0210 will get a job in USCIS to write rules for issuing GCs.
Just kidding. I like your analogy.

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nozerd

01-24 11:31 AM

Personally I feel the most disgusting of all the provisions is country quota. Why the hec should 2 employees in excat same situation be discriminated because of country of birth ?
I can believe its even legal. They should get rid of it.

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anilsal

12-20 12:15 PM

Take a copy of your I140 approval atleast. It is just a sheet of paper when you go for stamping. Sometimes your lawyer can give you a copy of I140 filed papers. This will have information on your company's financials etc.

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cygent

09-20 10:26 PM

For a home in a nice neighborhood, you will only get a condo for that price in CA. Homes will be in bad areas like S. San Jose, Oakland, Los Angeles - Crenshaw, Inglewood, Long Beach. IN Central Valley, like Fresno, Modesto you might get a good home for that $$ range.

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tanu_75

04-07 06:52 PM

Agreed. just talk about Bulletin.

Hmm. Another kela. Don't worry MC, your time will come.

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pd_recapturing

03-15 11:02 AM

Is there any issue when 1st labor was not a PERM labor and 2nd labor is going to be PERM labor and both from same employer ?

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mirage

03-06 02:18 PM

I'm from PA... I had called Senator Specter's Office earlier last week, today I called up Senator Robert Casey's office...

You called office of which Senators?

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Devils_Advocate

03-12 10:36 PM

Congrats !, please do continue to contribute some of your time and effort to this site, your experience can help others still stuck in their misery

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immilaw

09-17 12:05 PM

Explain your comments more clearly - do you mean EB1 unused is not getting used by EB2 India/China? If so, this is a matter of grave concern, and yes, we need to find out more information on this. We have to wait till DOS publishes Visa number usage this year. All EB1 and EB2 numbers should be used by over-subscribed countries in those categories and by no means by EB3.

Find out/research as much as you can on this - we need to understand what is going on.

I will in the next few days and will let everybody on the forum know. As I said my knowledge is based on the information from this form and from immigrationportal.com. I will read the section thoroughly, I think it is Sec 201 of INA and will also try to get the information from other sources.

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Ramba

09-10 05:15 PM

Hmm.. I though many people are there.. bumerr...

Anyways.. I am shooting for EB2 category as I have my MS.. Few of my freinds here in office have applied for GC , but all of them have applied with MS + 1 atleast... I was kinda worried as my JOb code falls under JOb zone 4, how will i qualify for EB2 even though only having MS does qulaify for applying EB2..

I know.. that a position should require MS or BS +5...rather than one having that degree..

I was just wondering if there are some people who have applied under EB2 category with MS +0 experience....


Thank you every1 for your prompt responses...

MS+0--hard to sell to DOL, particularly in current economic condition, as unemployment rates are in double digits. It is also depends on the location of the job. DOL may belive that they can't find US citizen with MS+0, for the job in Alaska. !00% they wont belive if the job is in michigan or california, where the unemployment rate is very high.

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ksairi

08-16 02:38 PM

Please advice

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nk2006

07-05 12:58 PM

possible reasons

(i)USCIS dont want to see a large number applications - as Ombudsman report indicated their performance is measured based on how much time it took to process an application. If they accept 485 applications only to keep them longer it will skew their performance benchmarks to their disadvantage. (ii)Also they just dont want to work for the rest of this financial year. By making visas unavailable their work load might have come down dramatically.
(iii)Ego clashes between some higher ups between DOS and USCIS; OR the communication gap between these two orgs is just too much.
(iv) Too may anti-immigrant who wants to screw legal-immigrants at any given opportunity. This is possible too...on numbersusa website there are special instructions/appeals to USCIS staff to do a few things and also to get some info on H1b filings, I140 filings etc. Maybe these activist employees have grown in size with tacit support from higher ups.

Of course all of these are just speculations. BUT I still could not understand why USCIS went out of its way (processing 60k applicaitons in one month; 18k in one day is certainly going way toooooooo much out of their way based on their normal efficiency) to process. I am sure they might have approved many cases which they could not have done normally. Finding out this aspect should might yield a very good story for a journalist - we should highlight this aspect in our letters to media.

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joshraj

10-09 10:17 PM

At least got something today :)

Filed: July 27
Center: Neb
RD: Not Yet - Got Tranfer Notice - To Texas
FP: Not Yet
EAD: Not Yet

I140 - Pending at Nebraska

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perm2gc

05-31 12:18 PM

Recently joined.

Contributed $200.
Thank You.People who are just browsing the forum..please come forward..it is not only our issue but it is EVERYONE'S issue..if we don't act now..we will have no time to act in future.

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franklin

06-01 07:21 PM

Just in case not all new members are Indian, I suggest this poll which covers ALL nationalities

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lostinbeta

09-05 02:26 AM

I agree that it is trendy, but sometimes it is fun to mess around with trends, learn them, then edit them in your own way.

I don't follow much tutorials. Pretty much everything I use in my images are self done. I probably end up doing it the hard way, but oh well.

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05-23 09:17 PM

Commend your initiative

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raysaikat

10-09 07:49 PM

...
He can stay here upto his i-94 legally...

This is unlikely to be true. The dependent's VISA status is connected to the primary's VISA status. When the poster leaves for India permanently, by which I assume that she quits her job in US, she stops maintaining H1-B status, which means her dependent's H-4 status becomes void.

So basically her husband cannot legally stay in US in his current status if the OP leaves.

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ski_dude12

12-22 12:27 PM

Please contribute to IV.

I am having tough time in getting an appointment with my local Representative and let them know what out problems are. And now this DEC bulletin is making my head spin.
---may be this bulletin will push me more in getting just an appointment--
:cool:God bless America:cool:

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deepakjain

11-16 11:41 AM

I have a question about VISA stamping.
I had a valid H1B approval till 9th October 2010. I applied for I485 and I had valid Advance Parole expiring Sept 2010. My current visa stamping is expired. I am planning to go to India on vacation and returning in Dec 2009.
My question is
1. If I use my Advance Parole at port of entry to US with out getting my visa stamped in India, will I loose my H1B status?

2. If I don't loose my H1B status, I am planning to transfer my H1B in Feb 2010. Will there be any problem in H1B transfer.

Thanks,
Praveen.

If you enter US using your AP even for the same employer you will no longer have your H1B status valid, you an return back to H1B status only after a renewal. After entering US on AP you need to inform you employer. Your status after entering on AP makes you a Parolee.

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Texascitypaul

02-23 06:25 PM

Make sure you speak with an attorney who files a lot of marriage-based cases.
I am looking right now,thanks for that piece of advise,so many to choose from...

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sankap

07-30 03:26 PM

Do you get the FP notice by email or snail mail?

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jay75

05-06 11:23 PM

Both my wife and myself got soft LUD today on 485. Aug'07 filed, EB3 India, PD 2004.

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amsgc

03-31 06:03 PM

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 !

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nissan_1

03-31 11:51 AM

What happens if your previous employer cancel the approved I140 before the new company files the for I140. I think you need at least 7-8 months to get Labor approved. I am pretty sure by that time, the old employer will cancel the approved I140. I am taking about big Consulting companies here where you can not negotiate to keep the I140 open after you resign.

Thanks in advance

Dear Attorney,
Thanks alot for taking your valuable time suggesting us on this issue.
I appreciate your help.

This information is very much helpful.

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Sandeep

05-22 07:30 PM

US Congress warned on green card backlog

http://msnbc.msn.com/id/12919954/

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ppt.b

09-11 10:08 AM

Our checks were cashed on 09/04 and our lawyer has still not received our recipts.However we received FP yesterday by mail and our appointment date is 09/25.
We are waiting for our receipts and EAD.

So expect your FP notices anytime.






My 485 application was filed on July 1st, 2007. Yesterday I received an email from my lawyer indicating that they have received the receipts for 485, 765 & 131 for all the applicants in my family.

I understand that it takes 3 to 4 weeks after receiving the receipt notices to hear about the fingerprinting appointment.

1. Considering the number of AOS applications filed in July, when can I expect the fingerprinting appointment?
2. Also how will that correspondence occur: mail or telephone ? Will I hear about this directly or will my lawyer hear about it?
3. Can few of you who have received the appointment for fingerprinting after filing AOS application in May 07 - Aug 07 timeframe post some details:

a) When did you receive the AOS receipts?
b) When did you hear about the fingerprinting and how?
c) When are you expecting EAD or if you have received it, how long did it take? I am aware that it takes 90 to 120 days from the date of filing and this was answered in one of my questions posted on this forum but wanted to know these stats in the current conditions.

Thanks,

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soneC

06-15 01:10 PM

Dear Ms. Martin:

Hello. Thank you for your timely and to-the-point reply. I will file for I-485 petition (family-based) as soon as my PD becomes current. A couple of questions:

1. I know for family-based I-485, my sponsor (my father) needs to show financial support through I-864 (Affidavit of Support). What should I do in unlikely case that my father lost his engineer position in his company? My parents actually own their house (no loan, about 250K house) and have decent amount of money for retirement. Is this enough to convince USCIS?

2. National Visa Center sent my father a notice when USCIS transferred the approved I-130 application to NVC. The notice stated case number was assigned and asked us not to make travel arrangements. Obviously, NVC still believes I am aboard because in the I-130 form, my father stated that I was aboard. Should I inform NVC that I am in the country and would like to do AoS instead of CP?

3. I assume that I can apply for EAD/AP along with the family-based I-485. Am I right?

4. Do you have an estimate family-based I-485 processing time? I was told about six month. Is it true?

5. Please give me a fee quote for I-485/EAD/AP?

Thank you so much. I am looking forward to your reply.



Sincerely

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roseball

04-02 12:53 PM

Thank you gc28262. It's just that my attorney havent seen this issue with Pre PERM cases. May be it is because PERM had more specific questions to answer so that there is little flexibility. Form 750 which was used before PERM did not have that many specific questions regarding labor conditions. So there was room for interpretation.

Thanks for murthy's link. Yes, It makes sense Gald I extended my H1 after returning on AP. So I am better positioned there.

Yes, actually the USCIS has argued the same in their revocation response which is that my labor requirements on Form 9089 aren't flexible enough to transfer me to EB3.
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What your attorney is suggesting I believe is the right approach at this time. I would consult a reputed attorney and take his/her advise before taking any action. I would also have your company start a new PERM case in parallel, just incase. Yes, ETA-750 provides a little more flexibility w.r.t EB2 to EB3 downgrades when compared to 9089, but it depends on the educational requirements mentioned on the form. But your approach should be to get I-485 approval based on earlier I-140 and if that doesn't work out, then request for a downgrade. Hope it works out for you, good luck.

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texcan

02-21 12:03 AM

How about the opposite problem. The LC wages are lower that what I am being paid. the LC reflects what I was being paid at the time it was filed. not sure if the lawyer screwed up. Right now, I am doing a similar job (non-IT, non-technical), but with wider responsibility and earning ~ 40% more. What now??
-a

Lawyers are the sole reason for these confusion, you cant have lower pay than what is mentioned in LCA; you cant have higher pay than what is mentioned in LCA....
I bet you a lawyer can and will justify both rules, why because this is what they do....;-)
USCIS rules are such a mess.....god help us all.

on lighter note...
One other easier solution is "you promise to pay extra money to "desi_hydrabadi"
issue solved...your salary matches LCA...desi_hydrabadi gets more money his salary matches LCA....

both get GC...
relax and live hapily....

Just kidding man, donot think too much about it...i was worrying about this issue ( higher pay than LCA)...i did worry for quite a while and
a good friend said donot worry ...something will take care of it...
needless to say he was right...(economy did take care of issue for me...).

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