mambarg
08-03 04:40 PM
I think , you can get 140 with EB2 and then file a ammendment to 485 ?
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peer123
12-18 08:26 PM
Is more than 6 yrs of IT experience from a non-computers engg background good for applying for EB2 position? Can you comment from your experience.
I have similar situation. I am getting an already approved labor for gc processing. it needs 5yrs progressive exp and bachelor degree in engg. Now I do have nearly 5 years at the time of application and now (9 years). have same degree work for same company as the company applied and also match in experience almost 100%. Is there any risk in I140 approval.
I have similar situation. I am getting an already approved labor for gc processing. it needs 5yrs progressive exp and bachelor degree in engg. Now I do have nearly 5 years at the time of application and now (9 years). have same degree work for same company as the company applied and also match in experience almost 100%. Is there any risk in I140 approval.
Ann Ruben
08-05 02:34 PM
Based on the information you have provided, I do not think there is any cause for you to be worried about being deported.
However, as an applicant for Naturalization, you have the burden to prove "good moral character". Usually, "good moral character" is assumed. But when there is a past criminal conviction, even a minor one such as yours, USCIS may deny the Naturalization application if there is no affirmative evidence of "reform" and current "good moral character".
So, in addition to disclosing the NY conviction, you should be prepared to submit documents showing that you are and for the past 4 years have been a person of "good moral character". Such documentation could include sworn statements from community or religious leader, employers, co-workers, and others.
If at all possible, you should find an experienced attorney to help you prepare these documents and accompany you to the Naturalization interview.
However, as an applicant for Naturalization, you have the burden to prove "good moral character". Usually, "good moral character" is assumed. But when there is a past criminal conviction, even a minor one such as yours, USCIS may deny the Naturalization application if there is no affirmative evidence of "reform" and current "good moral character".
So, in addition to disclosing the NY conviction, you should be prepared to submit documents showing that you are and for the past 4 years have been a person of "good moral character". Such documentation could include sworn statements from community or religious leader, employers, co-workers, and others.
If at all possible, you should find an experienced attorney to help you prepare these documents and accompany you to the Naturalization interview.
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puddonhead
02-28 02:08 PM
Changing from L1 to H1 has nothing to do with your GC process.
Since you have L1 - you have most probably worked outside the US for at least 1 year with your employer. If this 1-year stint was at a managerial capacity (5-6 people reported to you at least, and you are at least 2-3 positions removed from the entry level) and was within the last 3 years - then you can apply in EB1 category.
I changed from L1-H1 as well. I was not able to apply in EB1 since my 1-year stint was outside the 3 year window.
Whether you can apply in EB1 or not has no connection with whether you are on L1, H1 or even outside the country. The EB1 requirements are similar to L1requirements (in fact identical to L1A requirements) - and that is why you see lots of L1A guys getting their GC early. There is a definite correlation - but no causation.
Since you have L1 - you have most probably worked outside the US for at least 1 year with your employer. If this 1-year stint was at a managerial capacity (5-6 people reported to you at least, and you are at least 2-3 positions removed from the entry level) and was within the last 3 years - then you can apply in EB1 category.
I changed from L1-H1 as well. I was not able to apply in EB1 since my 1-year stint was outside the 3 year window.
Whether you can apply in EB1 or not has no connection with whether you are on L1, H1 or even outside the country. The EB1 requirements are similar to L1requirements (in fact identical to L1A requirements) - and that is why you see lots of L1A guys getting their GC early. There is a definite correlation - but no causation.
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zdash
10-26 02:29 PM
In September 2001, I came here on visitor visa with my mother and resided here till today (I was 15). I went through 4 yrs of high school, got my GED followed by an associate degree from community college and now I'm an undergrad student pursuing my bachelor degree; will graduate in a year. Meanwhile, my mother became a U.S. citizen through marriage when I was a sophomore in college, simultaneously my I-130 was approved and now waiting for the visa availability; the priority date: Dec 08, 2006, F1.
Problem is that I turned 21 on October 13, 2006 right passed the time criterion for the Child Status Protection Act which technically makes me "aged-out" by about 2 months (filing date being DEC06), so I think that I am not be qualified as an immediate relative.
Currently, the visa availability date is at 15FEB06 which is getting close to DEC06.
Few months ago, I received a letter from NVC requesting DS-3032 and I-864 forms which I've filled out and sent to them but I regarded the fact that I live in the United States on an overstayed visa!!! I should have sent them a notice to adjust my status instead of paying the $70 and $400 fees that I already paid, apparently. I am not leaving the country to interview overseas with the NVC because that would put me in a 10 year ban obviously, I also do not understand how I can adjust my status with the USCIS once the priority date becomes current when I do not have a status as of now! So, I might've done all these for nothing. I've talked to some lawyers on the phone but they have completely shut my hopes down (maybe because I haven't paid them?). I do not have the money to pay for an expensive lawyer because all my funds can barely afford my college.
On top of everything, DREAM act just got rejected from the congress as I'm getting ready to graduate from college. I have no idea what to do.
With my college degree and knowledge that I have acquired over the years, I believe that I am an inevitable asset to this country but I am deeply saddened by the fact that American Dream is not becoming a reality for me. I know I can do more for the world but I'm immobilized by the system which I don't see any loopholes to at this point. I understand the views of the Republicans but I really wish that they can give one more look at the DREAM act. We do not intentionally break the law. I would actually be a law-abiding and a model citizen if I ever become one.
Anyhow, I lost all my hopes and dream in this country at this point in time, that I think the only/best way is to move back to where I am from immediately upon graduation.
If there is any hope, your help/advice/inputs will be greatly appreciated!
Problem is that I turned 21 on October 13, 2006 right passed the time criterion for the Child Status Protection Act which technically makes me "aged-out" by about 2 months (filing date being DEC06), so I think that I am not be qualified as an immediate relative.
Currently, the visa availability date is at 15FEB06 which is getting close to DEC06.
Few months ago, I received a letter from NVC requesting DS-3032 and I-864 forms which I've filled out and sent to them but I regarded the fact that I live in the United States on an overstayed visa!!! I should have sent them a notice to adjust my status instead of paying the $70 and $400 fees that I already paid, apparently. I am not leaving the country to interview overseas with the NVC because that would put me in a 10 year ban obviously, I also do not understand how I can adjust my status with the USCIS once the priority date becomes current when I do not have a status as of now! So, I might've done all these for nothing. I've talked to some lawyers on the phone but they have completely shut my hopes down (maybe because I haven't paid them?). I do not have the money to pay for an expensive lawyer because all my funds can barely afford my college.
On top of everything, DREAM act just got rejected from the congress as I'm getting ready to graduate from college. I have no idea what to do.
With my college degree and knowledge that I have acquired over the years, I believe that I am an inevitable asset to this country but I am deeply saddened by the fact that American Dream is not becoming a reality for me. I know I can do more for the world but I'm immobilized by the system which I don't see any loopholes to at this point. I understand the views of the Republicans but I really wish that they can give one more look at the DREAM act. We do not intentionally break the law. I would actually be a law-abiding and a model citizen if I ever become one.
Anyhow, I lost all my hopes and dream in this country at this point in time, that I think the only/best way is to move back to where I am from immediately upon graduation.
If there is any hope, your help/advice/inputs will be greatly appreciated!
IneedAllGreen
06-18 12:41 AM
Its alright most of the time USCIS looks for last year or last 2 years tax return. I think W-2 is good enough to prove that you are eligible for Tax return.
Hi everyone,
I have 2004 W2 but cant seem to find my tax return. I have 2003, 2005, 2006tax returns but not 2004. What can I do to get that return. Please any advice will be appreciated.
Thanks
Hi everyone,
I have 2004 W2 but cant seem to find my tax return. I have 2003, 2005, 2006tax returns but not 2004. What can I do to get that return. Please any advice will be appreciated.
Thanks
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nixstor
03-31 08:37 PM
Hi Guys,
As you may recall, we have had several phone meetings with Ms. Susan Henner, attorney at law. She has explained many issues and helped many of our members for free. You can see her tomorrow at 11:30AM EST on Fox News. She will be talking about an interesting immigration case.
NO, this is not a joke.
Regards,
Glus
Are you sure she is talking about EB immigration on Apr1st, the day when USCIS starts receiving H1B lotto applications? I will be surprised if networks are willing to talk NON H1B issues on APR 1st.
As you may recall, we have had several phone meetings with Ms. Susan Henner, attorney at law. She has explained many issues and helped many of our members for free. You can see her tomorrow at 11:30AM EST on Fox News. She will be talking about an interesting immigration case.
NO, this is not a joke.
Regards,
Glus
Are you sure she is talking about EB immigration on Apr1st, the day when USCIS starts receiving H1B lotto applications? I will be surprised if networks are willing to talk NON H1B issues on APR 1st.
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sodh
07-27 06:58 PM
This is I am assuming you have given USCIS your NJ address, every Lawyer has to have License in the State he practices, if your CA Lawyer has a License to practice in NJ you can always call him to represent you. If this helps.
The work around would be hire a local Lawyer and let your CA lawyer brief your case to him I know it will be expensive, but it will help you in long run.
The work around would be hire a local Lawyer and let your CA lawyer brief your case to him I know it will be expensive, but it will help you in long run.
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newbee7
07-15 08:04 AM
The whole process in complicated and needs a lot of back and forth btwn hr/attorney. Most attorney's will take 4-6 months at min.
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anai
06-14 09:46 AM
It is absolutely feasible to do this on your own. After all you are well educated by definition of your H1B visa. The only thing you need from your employer is the letter of employment and you will need a public notary to notarize the affidavit of support.
The rest you can put together yourself. Just filed for my husband and myself at the beginning of May, fingerprints done on June 4th. Going well so far.
We would still need the I-140 application copy (if pending) or approval notice, right? Pl let me know.
The rest you can put together yourself. Just filed for my husband and myself at the beginning of May, fingerprints done on June 4th. Going well so far.
We would still need the I-140 application copy (if pending) or approval notice, right? Pl let me know.
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seekerofpeace
09-07 08:43 PM
I tried a few times for scheduling infopass trying to get Boston which is closer to where I live. But I am getting Lawrence....I guess Boston office is flooded with appointments...Didn't know that Lawrence has a office too.
Will let you guys know if the meeting is of any help (which I doubt)...
Thanks,
SoP
Will let you guys know if the meeting is of any help (which I doubt)...
Thanks,
SoP
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seanl
08-07 03:22 PM
I received an RFE that put my I-485 on hold,
"In order to process your application further you will need to submit the following:
1. Evidence of your lawful admission or parole into the United States. Such evidence includes, but is not limited to, Form I-94 Arrival/Departure Record, or a copy of the nonimmigrant visa page of your passport showing admission to the United States.
OR
2. If you last entered the United States without inspection, you must submit evidence of your eligibility for adjustment of status under section 245(i) of the Immigration and Nationality Act (INA). To be eligible for adjustment under 245(i) of INA, you must be the beneficiary of an immigrant visa petition or application for labor certification filed on or before April 30th, 2001. Unless not required in the instructions for Supplement A, you must pay the required section 245(i) surcharge fee.
Please submit evidence of eligibility under section 245(i) of INA and a completed and signed Supplement A to Form I-485. Evidence of eligibility includes Form-I797, Notice of Action for Form I-130, I-140, or I-360. This form must have been filed on or before April 30th, 2001. You must have been the beneficiary, spouse of the beneficiary, or eligible childe of the beneficiary. The relationship had to exist on or before April 30th, 2001 or when the petition was filed."
I came across from Canada when I was five years old as a visitor, did not have a passport as one was not required to enter the U.S. from Canada. When we entered we intended to visit my mothers husband and then all of us go back to Canada. However we decided to stay here. My question is, what can I provide as evidence of entering the United States since I did not have a passport and entered as a visitor so I do not have an I-94, and I believe I dont apply to the 245(i).
I called Immigration and they mentioned form I-102 to replace I-94, theres an option E on the form that says "I was not issued Form I-94 when I entered as a nonimmigrant, and I am filing this application together with an application for an extension of stay/change of
status." Would this be the right route? Would I receive an I-94? Is there something else I need to send?
"In order to process your application further you will need to submit the following:
1. Evidence of your lawful admission or parole into the United States. Such evidence includes, but is not limited to, Form I-94 Arrival/Departure Record, or a copy of the nonimmigrant visa page of your passport showing admission to the United States.
OR
2. If you last entered the United States without inspection, you must submit evidence of your eligibility for adjustment of status under section 245(i) of the Immigration and Nationality Act (INA). To be eligible for adjustment under 245(i) of INA, you must be the beneficiary of an immigrant visa petition or application for labor certification filed on or before April 30th, 2001. Unless not required in the instructions for Supplement A, you must pay the required section 245(i) surcharge fee.
Please submit evidence of eligibility under section 245(i) of INA and a completed and signed Supplement A to Form I-485. Evidence of eligibility includes Form-I797, Notice of Action for Form I-130, I-140, or I-360. This form must have been filed on or before April 30th, 2001. You must have been the beneficiary, spouse of the beneficiary, or eligible childe of the beneficiary. The relationship had to exist on or before April 30th, 2001 or when the petition was filed."
I came across from Canada when I was five years old as a visitor, did not have a passport as one was not required to enter the U.S. from Canada. When we entered we intended to visit my mothers husband and then all of us go back to Canada. However we decided to stay here. My question is, what can I provide as evidence of entering the United States since I did not have a passport and entered as a visitor so I do not have an I-94, and I believe I dont apply to the 245(i).
I called Immigration and they mentioned form I-102 to replace I-94, theres an option E on the form that says "I was not issued Form I-94 when I entered as a nonimmigrant, and I am filing this application together with an application for an extension of stay/change of
status." Would this be the right route? Would I receive an I-94? Is there something else I need to send?
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gcwaiting4031
11-26 04:48 PM
1) I got my EAD 3 months back. Also received my AP in Oct. Typically how long is the journey from EAD to actual GC?
2) When does the 180 day period for AC21 begin? The day I sent my 140/485 packet or the receipt date (behind the cashed check) of my 140/485 application?
3) Now that I have my EAD, do I need to do anything at this point? I already have a SSN. Does the SSN change after getting EAD? Do I need to apply for I-9 or something?
4) Have people been successful with AC21? What if I want to move on to another role (different in responsibilities from my current role)? Can I still use AC21?
PS: My company lawyers are very unfriendly and rude. So thanks for your help in advance.
__________________________________________________ ________________
EB3, TSC, PD - Dec 06, 1st FP done, Filed 140 & 485 during the July rush
2) When does the 180 day period for AC21 begin? The day I sent my 140/485 packet or the receipt date (behind the cashed check) of my 140/485 application?
3) Now that I have my EAD, do I need to do anything at this point? I already have a SSN. Does the SSN change after getting EAD? Do I need to apply for I-9 or something?
4) Have people been successful with AC21? What if I want to move on to another role (different in responsibilities from my current role)? Can I still use AC21?
PS: My company lawyers are very unfriendly and rude. So thanks for your help in advance.
__________________________________________________ ________________
EB3, TSC, PD - Dec 06, 1st FP done, Filed 140 & 485 during the July rush
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sanjay02
02-13 01:40 AM
Try the FOIA Freedom of Information
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rsayed
01-29 04:14 PM
I was in a similar situation back in 2000. The difference (in my case) was I entered 2 weeks later than the date mentioned on my I-20.
I took the chance and applied for re-instatement - at that time, I think it cost me $175.
I got my application approved in 28 days...!
Good Luck 'n don't be skeptical. Just apply to be re-instated and you will be fine!!!
~R
I took the chance and applied for re-instatement - at that time, I think it cost me $175.
I got my application approved in 28 days...!
Good Luck 'n don't be skeptical. Just apply to be re-instated and you will be fine!!!
~R
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vedicman
11-08 09:28 AM
Anyone read the book? Plan on getting it for a good read on a long flight.
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sorcerer666
02-03 06:44 PM
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cheers2all
05-22 01:49 PM
Hi Smrryl,
Was your stamping successful at Matamoros?
Thanks,
Cheers2All
Was your stamping successful at Matamoros?
Thanks,
Cheers2All
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GCHope2011
09-12 11:04 PM
Hi all!
Thanks a lot for the information...
The mother's status will be illegal, unless the mother marries a legal resident and changes over to a dependent status..
Thanks a lot for the information...
The mother's status will be illegal, unless the mother marries a legal resident and changes over to a dependent status..
sparky63
January 31st, 2005, 09:28 PM
nice sequence of shots ... the last one makes me want to refill my mug :>)
martinvisalaw
01-28 12:44 PM
I agree with Kanshul. You don't need AP just to remain in the US, however I strongly recommend getting it even if you don't plan to travel. You will need it if there is an emergency and it is difficult to get at short notice. There are many messages on this board from people who had to travel unexpectedly before AP was approved and wonder if they can return to the US.
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