MARY_GC
07-23 01:45 AM
Hi,
I have applied my I-485 (EB3, PD - 2004 Feb) last week. Planning to file EB2 PERM with the same employer next week for porting the EB3 dates. My doubts are
1) Can we file an interim application at I-485 stage for porting the EB3 priority date for EB2, rather than filing a second I-485?
2) After the EB2 I-140 approval, do we need to wait for my priority dates to become current for submitting the interim application for EB2 I-485?
3) I am doing this for getting the GC comparitively earlier. But is there any issues/threats for doing like this?
Gurus, please comment the pros and cons of this.
I have applied my I-485 (EB3, PD - 2004 Feb) last week. Planning to file EB2 PERM with the same employer next week for porting the EB3 dates. My doubts are
1) Can we file an interim application at I-485 stage for porting the EB3 priority date for EB2, rather than filing a second I-485?
2) After the EB2 I-140 approval, do we need to wait for my priority dates to become current for submitting the interim application for EB2 I-485?
3) I am doing this for getting the GC comparitively earlier. But is there any issues/threats for doing like this?
Gurus, please comment the pros and cons of this.
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Beta_mle
05-07 07:10 AM
In Franz Kafka's chilling story "The Metamorphosis", a man wakes up one morning to find that he has been transformed into a "gigantic insect". Recently, a California family, all permanent residents for over 30 years, was suddenly informed by the government that they were all illegal aliens and must return to Thailand. Mr. Promsiri entered the United States on a student visa. His wife and two young sons, aged 10 and 3 joined him in 1971. In 1975, the parents obtained a divorce from a Thai Consulate in the U.S. The wife married an American citizen, and the couple honeymooned...
More... (http://blogs.ilw.com/carlshusterman/2009/05/immigrant-familys-kafkaesque-ordeal.html)
This is ridiculous. Arbitrary and capricious. This is most unbecoming of an advanced society. You would think that mind numbed robots were running the system instead of sensible human beings.
More... (http://blogs.ilw.com/carlshusterman/2009/05/immigrant-familys-kafkaesque-ordeal.html)
This is ridiculous. Arbitrary and capricious. This is most unbecoming of an advanced society. You would think that mind numbed robots were running the system instead of sensible human beings.
nc14
08-13 02:57 PM
I am from Cincinnati Ohio and would like to be a part of the effort.
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indyanguy
07-17 10:59 PM
Thanks for your reply.
What are the chances of LC substitution being denied. I've heard it's a little risky. Do I get an outright denial or usually a RFE/NOID? If I get a denial, do I start the entire process all over again?
Thanks!
What are the chances of LC substitution being denied. I've heard it's a little risky. Do I get an outright denial or usually a RFE/NOID? If I get a denial, do I start the entire process all over again?
Thanks!
more...
Blog Feeds
12-20 08:00 AM
On Saturday morning, the Senate failed to advance the DREAM Act (H.R. 5281) on a vote of 55-41. Sixty votes were needed to move the bill forward procedurally and stop any filibuster. With that loss, the fight for the DREAM Act is over, at least for this Congress. Below is a summary of Greg Chen's report of this vote.
The vote tally in support of DREAM included three Republicans who crossed the aisle to join 50 Democrats and 2 Independents. Those three Rs were: Richard Lugar (IN) and Robert Bennett (UT) who had come out in support long ago and Lisa Murkowski (AK) who started signaling this week that she would vote �yes�. With their yes votes, DREAM maintained its status as a bi-partisan bill back nine years to when it was first introduced with seven Republican co-sponsors. Today, long-time DREAM champion Orrin Hatch (R-UT) failed even to show for the bill he originally sponsored in August 2001.
Unfortunately the gain of three Republicans today was not enough to make up the difference. Combined there are 58 Democrats and Independents in the Senate, and there are 42 Republicans. If all the Ds and Is voted in favor, only two Rs would have been needed to reach 60. But today 5 Democrats voted against DREAM: Baucus (MT); Hagan (NC); Nelson (NE); Pryor (AR); and Tester (MT). And one Democrat, newly elected Joe Manchin (WV) failed to show. To win on �cloture� 60 votes were needed no matter how many actually voted. Thus, a no-show counted as a �no� vote.
As the 111th Congress comes to its sputtering halt, at least on immigration, the question many are asking is whether there will be a real opportunity to bring up DREAM in the 112th. Looking forward, we face at least two enormous legislative challenges: First, the House will shift to Republican control with 242 Rs and 193 Ds. Last week the House passed DREAM on a 218-198 vote�you can bet your house we won�t muster a strong showing like that, let alone a majority, when the new session starts. Second, in the Senate, the Democrats will still have the majority but their margin of control will be 53-47 so getting the �yes� votes will also be harder in that chamber.
For many of us the source of continued inspiration has been to see all the DREAM activists walking the halls of the capitol and showing tremendous courage when they are the ones who have everything at risk. Let's keep a positive spirit for the future as the fight is not over yet.
More... (http://www.visalawyerblog.com/2010/12/senate_fails_to_pass_dream_act.html)
The vote tally in support of DREAM included three Republicans who crossed the aisle to join 50 Democrats and 2 Independents. Those three Rs were: Richard Lugar (IN) and Robert Bennett (UT) who had come out in support long ago and Lisa Murkowski (AK) who started signaling this week that she would vote �yes�. With their yes votes, DREAM maintained its status as a bi-partisan bill back nine years to when it was first introduced with seven Republican co-sponsors. Today, long-time DREAM champion Orrin Hatch (R-UT) failed even to show for the bill he originally sponsored in August 2001.
Unfortunately the gain of three Republicans today was not enough to make up the difference. Combined there are 58 Democrats and Independents in the Senate, and there are 42 Republicans. If all the Ds and Is voted in favor, only two Rs would have been needed to reach 60. But today 5 Democrats voted against DREAM: Baucus (MT); Hagan (NC); Nelson (NE); Pryor (AR); and Tester (MT). And one Democrat, newly elected Joe Manchin (WV) failed to show. To win on �cloture� 60 votes were needed no matter how many actually voted. Thus, a no-show counted as a �no� vote.
As the 111th Congress comes to its sputtering halt, at least on immigration, the question many are asking is whether there will be a real opportunity to bring up DREAM in the 112th. Looking forward, we face at least two enormous legislative challenges: First, the House will shift to Republican control with 242 Rs and 193 Ds. Last week the House passed DREAM on a 218-198 vote�you can bet your house we won�t muster a strong showing like that, let alone a majority, when the new session starts. Second, in the Senate, the Democrats will still have the majority but their margin of control will be 53-47 so getting the �yes� votes will also be harder in that chamber.
For many of us the source of continued inspiration has been to see all the DREAM activists walking the halls of the capitol and showing tremendous courage when they are the ones who have everything at risk. Let's keep a positive spirit for the future as the fight is not over yet.
More... (http://www.visalawyerblog.com/2010/12/senate_fails_to_pass_dream_act.html)
sbindval
07-15 08:03 AM
i'm in
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what_now
06-22 10:50 AM
Nebraska immigration law passes - CNN.com (http://edition.cnn.com/2010/US/06/22/nebraska.immigration/)
(CNN) -- Voters in Fremont, Nebraska passed a much-debated immigration measure Monday that would prohibit businesses and landlords from hiring or renting to illegal immigrants.
The ordinance had divided the community and put the eastern Nebraskan city into national headlines.
A local organization decried the new ordinance on its website.
"It is with great disappointment and sadness that tonight we acknowledge a majority of Fremont voters approving this misguided ordinance," the group called One Fremont-One Future said. "In reality, the passage of this ordinance shows that we have much work to do in our community to educate, break down barriers, and build relationships."
The American Civil Liberties Union has indicated it will file a lawsuit.
Similar measures were passed in Hazelton, Pennsylvania, and Farmers Branch, Texas, but they were later struck down by the courts.
In Hazelton, voters in 2006 approved a measure to enact practically the same law that Fremont has voted to adopt. But in July 2007, a federal judge found that immigration laws should be left solely to the federal government.
In May of 2008, a federal judge ruled the Farmers Branch law, which would bar landlords from renting to illegal immigrants, was unconstitutional.
"Those ordinances did not withstand legal scrutiny. They both failed in the courts when they were challenged," said Laurel Marsh, executive director of Nebraska's ACLU.
The reason according to Marsh: Both laws violated the U.S. Constitution's Supremacy clause and the 14th Amendment.
In addition, she said it's the federal government's responsibility to set immigration policy and "we are not well-served when communities or states try to set policy on their own."
Gregory Minchak of the National League of Cities said that it's the lack of federal immigration policy that is causing these cities to take matters into their own hands.
"Because of the absence of the feds doing anything, there's a lot of financial, cultural, political strains that are occurring [in cities and states]," he said. "They are just starting to act on their own."
(CNN) -- Voters in Fremont, Nebraska passed a much-debated immigration measure Monday that would prohibit businesses and landlords from hiring or renting to illegal immigrants.
The ordinance had divided the community and put the eastern Nebraskan city into national headlines.
A local organization decried the new ordinance on its website.
"It is with great disappointment and sadness that tonight we acknowledge a majority of Fremont voters approving this misguided ordinance," the group called One Fremont-One Future said. "In reality, the passage of this ordinance shows that we have much work to do in our community to educate, break down barriers, and build relationships."
The American Civil Liberties Union has indicated it will file a lawsuit.
Similar measures were passed in Hazelton, Pennsylvania, and Farmers Branch, Texas, but they were later struck down by the courts.
In Hazelton, voters in 2006 approved a measure to enact practically the same law that Fremont has voted to adopt. But in July 2007, a federal judge found that immigration laws should be left solely to the federal government.
In May of 2008, a federal judge ruled the Farmers Branch law, which would bar landlords from renting to illegal immigrants, was unconstitutional.
"Those ordinances did not withstand legal scrutiny. They both failed in the courts when they were challenged," said Laurel Marsh, executive director of Nebraska's ACLU.
The reason according to Marsh: Both laws violated the U.S. Constitution's Supremacy clause and the 14th Amendment.
In addition, she said it's the federal government's responsibility to set immigration policy and "we are not well-served when communities or states try to set policy on their own."
Gregory Minchak of the National League of Cities said that it's the lack of federal immigration policy that is causing these cities to take matters into their own hands.
"Because of the absence of the feds doing anything, there's a lot of financial, cultural, political strains that are occurring [in cities and states]," he said. "They are just starting to act on their own."
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ss1026
06-23 01:57 AM
From the horse's mouth
"Adjustment applications and ancillary benefits � The new application fee for an I-485 is a package fee that includes associated EAD and advance parole applications. Thus, if you file an I-485 with the fee listed above, while you will still need to submit applications for an EAD and advance parole, you will not need to pay a separate fee so long as your adjustment application is pending. However, if you filed your I-485 before this fee change, to apply for or renew your EAD or advance parole, you must file a new application with the new fee for those applications."
The new fee for I-485 is $1010 but you do not need to pay any additional fees for EAD/AP renewal for the duration of the application which is pretty good saving in my view if you are an indian with with a PD of say 2005 or later under current law.
For comparision purpose, the current fees structure would cost you $325 (for I-485 - one time fee) + $180 ( EAD - Yearly renewals) + $170 (AP - Yearly renewals).
After writing this email, I realised it could be a decent savings under the new system for ppl like me (India.. 2005 PD). I would have gone for it had the fees kicked in earlier than the current July 30th date. Oh well. I will rather file my I-485 and take the AC-21.
"Adjustment applications and ancillary benefits � The new application fee for an I-485 is a package fee that includes associated EAD and advance parole applications. Thus, if you file an I-485 with the fee listed above, while you will still need to submit applications for an EAD and advance parole, you will not need to pay a separate fee so long as your adjustment application is pending. However, if you filed your I-485 before this fee change, to apply for or renew your EAD or advance parole, you must file a new application with the new fee for those applications."
The new fee for I-485 is $1010 but you do not need to pay any additional fees for EAD/AP renewal for the duration of the application which is pretty good saving in my view if you are an indian with with a PD of say 2005 or later under current law.
For comparision purpose, the current fees structure would cost you $325 (for I-485 - one time fee) + $180 ( EAD - Yearly renewals) + $170 (AP - Yearly renewals).
After writing this email, I realised it could be a decent savings under the new system for ppl like me (India.. 2005 PD). I would have gone for it had the fees kicked in earlier than the current July 30th date. Oh well. I will rather file my I-485 and take the AC-21.
more...
microbe
February 17th, 2004, 11:35 PM
i'm no pro, but i think the first is much better then the second. the framing of the image is a bit off, but to me that's what makes the image.
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neeidd
08-05 12:20 PM
We will not see any approvals unless we act togther and campaign for our cause. Please join us. More details at
http://immigrationvoice.org/forum/showthread.php?t=20657
The thread you linked for I-140 delays. I am asking about I-485 approvals :)
http://immigrationvoice.org/forum/showthread.php?t=20657
The thread you linked for I-140 delays. I am asking about I-485 approvals :)
more...
nixstor
09-02 05:45 PM
Great! Thanks for updating every one.
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pappu
12-17 06:04 PM
core members:
I was wondering if you may post minutes of immigration symposiums held at Priceton and Boston?
BTW pls update your account information. You are from NJ and we had a hard time contacting NJ members for this event.
I was wondering if you may post minutes of immigration symposiums held at Priceton and Boston?
BTW pls update your account information. You are from NJ and we had a hard time contacting NJ members for this event.
more...
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hebbar77
03-15 08:51 PM
It could be discussed many times here. but I dont know the answer! Please help!
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sioux
11-30 10:36 AM
the examiner should look to the Dictionary of Occupational Titles (DOT) code and/or Standard Occupational Classification (SOC) code, assigned to the I-140 and/or labor certification and compare this with the DOT or SOC code that is appropriate for the new position. Thus, although not stated, this argument and analysis should accompany the request for approval under AC21 portability.
Until recently I had not even tried to look for other opportunities, but I suddenly find myself with a position (another company). I am not familiar with the rules of AC21. The new position is in management and is most likely in a different SOC code. Have any of you had issues with a move? Is it required to inform the USCIS of the move - I have heard that there is no need to inform? Please help.
Until recently I had not even tried to look for other opportunities, but I suddenly find myself with a position (another company). I am not familiar with the rules of AC21. The new position is in management and is most likely in a different SOC code. Have any of you had issues with a move? Is it required to inform the USCIS of the move - I have heard that there is no need to inform? Please help.
more...
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same_old_guy
11-18 03:00 PM
My employer is not ready to give a copy of I-140. I was wondering if any of you used "The Freedom of Information Act (FOIA)" to get it.
So far I found that there are 3 things to be done for FOIA :
1. A request letter mentioning what exactly you are asking for.
2. Notarized copy of Form DOJ-361 (Certification of Identity)
3. Fee
Wanted to know, if any of you actually did this and get a copy of I-140 back. What is the fee ? How did you pay it ? Was there any other document that you sent ? Am I missing anything ? Who did you send the request to ?
So far I found that there are 3 things to be done for FOIA :
1. A request letter mentioning what exactly you are asking for.
2. Notarized copy of Form DOJ-361 (Certification of Identity)
3. Fee
Wanted to know, if any of you actually did this and get a copy of I-140 back. What is the fee ? How did you pay it ? Was there any other document that you sent ? Am I missing anything ? Who did you send the request to ?
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validIV
02-04 12:57 PM
Yea now I see your problem. When I applied for my F-1, my parents had not yet filed their I-140. Yours, on the other hand, has already been approved.
The worst thing that I can think of is changing status to F-1 is denied.
The worst thing that I can think of is changing status to F-1 is denied.
more...
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jatinr
08-10 07:38 PM
:confused:
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martinvisalaw
06-18 01:05 PM
If the non-profit that she plans on working for is (a) affiliated with an institute of higher education; or (b) a research organization;
then she should not be subject to the cap. Otherwise, the non-profit probably is subject to the H-1B cap, so she couldn't start until October 1.
then she should not be subject to the cap. Otherwise, the non-profit probably is subject to the H-1B cap, so she couldn't start until October 1.
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Maverick1
11-09 12:29 PM
Can't he use EB-3 LC for filing his EB-2 case as well?
NO. Different classification.
NO. Different classification.
nyte_crawler
04-13 11:25 AM
I have a valid AP that expires in July and I am going to travel using that at the end of April. But I have also applied for another AP and it is pending. Can I travel or will it create any issues ?
validIV
03-26 05:21 PM
It wont hurt you to have both. Whichever gets approved faster only benefits you. I have an I-130 filed for me in 2001, F2B, as well as an EB3 based with a PD of May 07
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