kavita_abb
10-10 02:15 PM
Thank you very much for all your support. If they are able to transfer his visa, then I am suspecting that they will do fraud with me. Can I inform USCIS about our domestic problem ? If they receive any application about visa transfer. How can I know that ? I don't want my visa used by them at all.After that they can do anything with me. Please help. Thanks!
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alapkd
09-01 01:49 AM
good but sad article, thanks for posting.
Sakthisagar
11-11 09:21 AM
I do not know whether this can be done, always consult with an attorney.
any Notarized document is as good as oringinals, Please get signed all your certificate copies showing the originals to a Notary Public, I think this should work. If you decide to send originals attach a self paid courier (Fed-ex)(to address yours) USCIS will never send back the document otherwise. I remember previously the H1B visa stamping was in US itself to get the passport back we need to send a self addressed FED-EX cover pre-paid.
Good Luck.
any Notarized document is as good as oringinals, Please get signed all your certificate copies showing the originals to a Notary Public, I think this should work. If you decide to send originals attach a self paid courier (Fed-ex)(to address yours) USCIS will never send back the document otherwise. I remember previously the H1B visa stamping was in US itself to get the passport back we need to send a self addressed FED-EX cover pre-paid.
Good Luck.
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morchu
05-22 01:15 AM
You can gain passive income.
You cannot materially participate in the operations of the firm (employee).
A member not necessarily be materially participating in the operations of the firm.
Income from profit on an investment is passive.
You cannot materially participate in the operations of the firm (employee).
A member not necessarily be materially participating in the operations of the firm.
Income from profit on an investment is passive.
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Hinglish
01-08 12:44 AM
Thank you qasleuth ..... ..... ..... ..... frack you
Just read your post and you will see the same dastardly mistakes that I supposedly made.
Can you phrase a single complete sentence without '.....' ?
Dastardly means cowardly. What does "dastardly atrocious english" mean in the context of Neha's post ?
Sentences start with capital letters, need to have commas, and there should be proper usage of articles. I can point out atrocious mistakes in every sentence of your post.
Apart from your atrocious English, your profile is incorrect, your presumptions/tone is even more atrocious (addressing the poster as 'Miss', using words like 'hell'). Best of luck.
Just read your post and you will see the same dastardly mistakes that I supposedly made.
Can you phrase a single complete sentence without '.....' ?
Dastardly means cowardly. What does "dastardly atrocious english" mean in the context of Neha's post ?
Sentences start with capital letters, need to have commas, and there should be proper usage of articles. I can point out atrocious mistakes in every sentence of your post.
Apart from your atrocious English, your profile is incorrect, your presumptions/tone is even more atrocious (addressing the poster as 'Miss', using words like 'hell'). Best of luck.
franklin
08-12 02:37 AM
Yes, everyone's numbers will be unique
more...
srkamath
07-21 11:23 AM
FYI:
I don't know if this is old news but thought of sharing it anyway.
I was in the same boat as many others here i.e, no FP notice even 1yr after filing for 485. With my PD becoming current in Aug 2008, I called my attorney to see if he can do anything to help me out. He told me that due to several complaints from people like us and a law suit threat (or an actual lawsuit, not sure) from AILA, the Texas center has sent has set up an exclusive fax line for such requests. This system came into existence only about 2-3 weeks ago.
He sent a fax on my behalf to that number last Tuesday 7/15/08. My wife and I both received FP notices on Sat 7/19/08! So looks like for a change, something that�s set up for our own good is actually working. Frankly, I hadn�t pinned any hopes on the fax having a positive impact but I was pleasantly surprised. Our appointments are for next week.
Hope this little tip will help others in the same boat if their attorneys are either not aware and/or haven�t told their clients about it.
The fax number is not made available to the general public. Only attorneys have access to it.
BTW: As a result of all this, I haven't seen any LUD changes (soft or hard) on my case status online....I thought that was strange.
What is the fax number?
I don't know if this is old news but thought of sharing it anyway.
I was in the same boat as many others here i.e, no FP notice even 1yr after filing for 485. With my PD becoming current in Aug 2008, I called my attorney to see if he can do anything to help me out. He told me that due to several complaints from people like us and a law suit threat (or an actual lawsuit, not sure) from AILA, the Texas center has sent has set up an exclusive fax line for such requests. This system came into existence only about 2-3 weeks ago.
He sent a fax on my behalf to that number last Tuesday 7/15/08. My wife and I both received FP notices on Sat 7/19/08! So looks like for a change, something that�s set up for our own good is actually working. Frankly, I hadn�t pinned any hopes on the fax having a positive impact but I was pleasantly surprised. Our appointments are for next week.
Hope this little tip will help others in the same boat if their attorneys are either not aware and/or haven�t told their clients about it.
The fax number is not made available to the general public. Only attorneys have access to it.
BTW: As a result of all this, I haven't seen any LUD changes (soft or hard) on my case status online....I thought that was strange.
What is the fax number?
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EB-VoiceImmigration
02-24 08:50 PM
Moving to the Faster Lane : Changing EB3 to EB2
We at the Murthy Law Firm receive many inquiries as to whether it is possible for an individual with an employment-based, third preference (EB3) case to change to the employment-based, second preference (EB2) category. As explained in this article, it is possible for many some people to make this transition. When combined with the potential to retain the priority date from the earlier employment-based (EB) case, this can be a powerful tool for qualified individuals to obtain permanent residence, or the "green card," much earlier.
EB3 Cannot Simply be Changed to EB2
Often individuals ask whether their current EB3 cases can somehow be converted to EB2s. They will usually mention that they had enough education and/or experience to meet the EB2 requirements at the time the EB3 case was filed. The answer to this is simply, "No." The EB category of any labor certification-based case is set at the beginning, when the labor certification is prepared and filed. The category depends on the requirements specified in the labor certification. If these requirements are at the EB3 level, then the case is filed as an EB3, even if the foreign national beneficiary may have qualifications in terms of the education and work experience sufficient for an EB2 level job.
New EB2 Case Filing Based on Minimum Job Requirements
It is possible for an individual with an EB3 case to have either the existing employer / sponsor or a new employer file a new case in the EB2 category. Of course, the new position must meet the EB2 requirements, and the individual must qualify for the offered position. The starting point must always be with the job requirements, not one's own education and experience. It is the job that must fit within the EB2 category, as the law requires that the employer specify the minimum education and other qualifications for the specific job. Then, of course, the beneficiary must be able to establish that s/he meets the education and experience required for the job.
New EB2 Filing Permissible with Job Change
It is not unusual for an individual with an EB3 case to qualify for EB2. This happens when one acquires additional education and/or experience through the years during which the EB3 case has been pending. Over time, people often are promoted into jobs that may meet the EB2 requirements.
Typically, questions about potentially changing to EB2 come from individuals who have reached the point where they have filed their I-485s. They have waited for a number of years, but are suffering under the enormous waiting times in the EB3 category. Many have used AC21 to change jobs, are advancing in their careers, and now hold jobs that could meet the EB2 standards.
EB2 Filing can be with Existing or New Employer
As explained above, in order to move from EB3 to EB2 it is necessary to start over with an entirely new labor certification. This often is filed through a new employer, when an individual has moved to a different job.
It potentially could be filed through the same employer that filed the EB3 labor certification. This could be appropriate if one obtained a promotion or otherwise moved into an EB2 job. If filing through the same employer, the employee ideally should have completed the minimum years of work experience for the EB2 position before starting work with the current employer. This is because there are legal issues and potential restrictions when relying on the experience gained with the same employer to qualify for the new job. These issues should be analyzed and discussed with an attorney experienced and knowledgeable immigration law.
Transfer of Earlier Priority Date to New Case Filing
The greatest benefit to utilizing the strategy of re-filing comes in the potential to retain the priority date from the EB3 case. This option exists if the EB3 I-140 petition has been approved. If so, then it is possible to request retention of this priority date in the later-filed EB2 case. This means that it potentially is possible to transfer the earlier EB3 priority date to the later-filed EB2 case with a new or the same employer. In many cases, this means that the individual could have a current or closer-to-current priority date, thus saving many years of waiting to become eligible for permanent residence.
There are some issues with respect to retention of the priority date if the I-140 has been revoked. Generally, however, it is the policy of the USCIS to allow the retention and transfer of the earlier priority date if the I-140 petition has not been revoked by the USCIS for fraud or misrepresentation.
Is Earlier EB3 Filing Made Vulnerable by Filing New EB2?
Most people inquiring about this option are concerned about any potential risks to their current EB3 cases. There are some procedural options with respect to the final step in the re-filed cases. However, it is possible to process the new case without risk of disruption to the EB3 case. This assumes that all information provided in the course of the prior filing was accurate.
A new labor certification filing, even if not approved, would not disrupt a prior approval. The same holds true for an I-140 filing. Conversely, approvals of the labor certification and I-140 do not disrupt or displace existing approvals. It is possible to have multiple approvals of labor certifications and I-140s for the same individual. Even when the request to retain the earlier priority date from the EB3 case is granted, the prior EB3 case remains undisturbed. There is nothing transferred or taken away from the EB3 case in the process of requesting that the EB2 case be assigned the same priority date.
At the final stage, there are options as to how to complete the case. The pros and cons should be discussed with a qualified immigration attorney. It is possible to proceed with the cases essentially in parallel, allowing for two cases and two potential avenues for eventual approval of permanent residence. The best way to proceed depends upon one's situation and, ideally, should be analyzed to consider the risks and options. What is helpful to most people, however, is that they do not have to risk their current EB3 cases to try to move to EB2.
Conclusion
At the Murthy Law Firm, we have successfully utilized the strategy discussed in this article for many of our clients by filing for each a new EB2 case with the same or a new employer. While it requires starting over with a new labor certification, for many it offers a significant advantage in terms of timing when the earlier priority date can be retained. MurthyDotCom and MurthyBulletin readers who wish to explore this option further should contact the Murthy Law Firm to help them with this process or for a consultation to determine whether it is appropriate for them.
Copyright � 2010, MURTHY LAW FIRM. All Rights Reserved
We at the Murthy Law Firm receive many inquiries as to whether it is possible for an individual with an employment-based, third preference (EB3) case to change to the employment-based, second preference (EB2) category. As explained in this article, it is possible for many some people to make this transition. When combined with the potential to retain the priority date from the earlier employment-based (EB) case, this can be a powerful tool for qualified individuals to obtain permanent residence, or the "green card," much earlier.
EB3 Cannot Simply be Changed to EB2
Often individuals ask whether their current EB3 cases can somehow be converted to EB2s. They will usually mention that they had enough education and/or experience to meet the EB2 requirements at the time the EB3 case was filed. The answer to this is simply, "No." The EB category of any labor certification-based case is set at the beginning, when the labor certification is prepared and filed. The category depends on the requirements specified in the labor certification. If these requirements are at the EB3 level, then the case is filed as an EB3, even if the foreign national beneficiary may have qualifications in terms of the education and work experience sufficient for an EB2 level job.
New EB2 Case Filing Based on Minimum Job Requirements
It is possible for an individual with an EB3 case to have either the existing employer / sponsor or a new employer file a new case in the EB2 category. Of course, the new position must meet the EB2 requirements, and the individual must qualify for the offered position. The starting point must always be with the job requirements, not one's own education and experience. It is the job that must fit within the EB2 category, as the law requires that the employer specify the minimum education and other qualifications for the specific job. Then, of course, the beneficiary must be able to establish that s/he meets the education and experience required for the job.
New EB2 Filing Permissible with Job Change
It is not unusual for an individual with an EB3 case to qualify for EB2. This happens when one acquires additional education and/or experience through the years during which the EB3 case has been pending. Over time, people often are promoted into jobs that may meet the EB2 requirements.
Typically, questions about potentially changing to EB2 come from individuals who have reached the point where they have filed their I-485s. They have waited for a number of years, but are suffering under the enormous waiting times in the EB3 category. Many have used AC21 to change jobs, are advancing in their careers, and now hold jobs that could meet the EB2 standards.
EB2 Filing can be with Existing or New Employer
As explained above, in order to move from EB3 to EB2 it is necessary to start over with an entirely new labor certification. This often is filed through a new employer, when an individual has moved to a different job.
It potentially could be filed through the same employer that filed the EB3 labor certification. This could be appropriate if one obtained a promotion or otherwise moved into an EB2 job. If filing through the same employer, the employee ideally should have completed the minimum years of work experience for the EB2 position before starting work with the current employer. This is because there are legal issues and potential restrictions when relying on the experience gained with the same employer to qualify for the new job. These issues should be analyzed and discussed with an attorney experienced and knowledgeable immigration law.
Transfer of Earlier Priority Date to New Case Filing
The greatest benefit to utilizing the strategy of re-filing comes in the potential to retain the priority date from the EB3 case. This option exists if the EB3 I-140 petition has been approved. If so, then it is possible to request retention of this priority date in the later-filed EB2 case. This means that it potentially is possible to transfer the earlier EB3 priority date to the later-filed EB2 case with a new or the same employer. In many cases, this means that the individual could have a current or closer-to-current priority date, thus saving many years of waiting to become eligible for permanent residence.
There are some issues with respect to retention of the priority date if the I-140 has been revoked. Generally, however, it is the policy of the USCIS to allow the retention and transfer of the earlier priority date if the I-140 petition has not been revoked by the USCIS for fraud or misrepresentation.
Is Earlier EB3 Filing Made Vulnerable by Filing New EB2?
Most people inquiring about this option are concerned about any potential risks to their current EB3 cases. There are some procedural options with respect to the final step in the re-filed cases. However, it is possible to process the new case without risk of disruption to the EB3 case. This assumes that all information provided in the course of the prior filing was accurate.
A new labor certification filing, even if not approved, would not disrupt a prior approval. The same holds true for an I-140 filing. Conversely, approvals of the labor certification and I-140 do not disrupt or displace existing approvals. It is possible to have multiple approvals of labor certifications and I-140s for the same individual. Even when the request to retain the earlier priority date from the EB3 case is granted, the prior EB3 case remains undisturbed. There is nothing transferred or taken away from the EB3 case in the process of requesting that the EB2 case be assigned the same priority date.
At the final stage, there are options as to how to complete the case. The pros and cons should be discussed with a qualified immigration attorney. It is possible to proceed with the cases essentially in parallel, allowing for two cases and two potential avenues for eventual approval of permanent residence. The best way to proceed depends upon one's situation and, ideally, should be analyzed to consider the risks and options. What is helpful to most people, however, is that they do not have to risk their current EB3 cases to try to move to EB2.
Conclusion
At the Murthy Law Firm, we have successfully utilized the strategy discussed in this article for many of our clients by filing for each a new EB2 case with the same or a new employer. While it requires starting over with a new labor certification, for many it offers a significant advantage in terms of timing when the earlier priority date can be retained. MurthyDotCom and MurthyBulletin readers who wish to explore this option further should contact the Murthy Law Firm to help them with this process or for a consultation to determine whether it is appropriate for them.
Copyright � 2010, MURTHY LAW FIRM. All Rights Reserved
more...
WeldonSprings
01-15 03:35 PM
Just ask her to recapture 350,000 previous year's visas- That's all! Nothing else will fly in this economy in any immigration bill, EXCEPT for Visa Recapture!
Hello All,
Out of curiosity, I called the congresswoman's office to ask if she would be re-sponsoring the visa recapture bill. The person on the phone asked me to call back next week, because at present she was considering about it.
Can we all try to call her office and request her to re sponsor this bill, as this will help the housing crisis.
I am posting a link, you all can call her office and even explain to the person about why this bill is so important. ( wait to be transferred to the specific person who handles immigration issues, don't talk to the phone operator as she would care less)
http://lofgren.house.gov/
Good Luck to all of us.
Hello All,
Out of curiosity, I called the congresswoman's office to ask if she would be re-sponsoring the visa recapture bill. The person on the phone asked me to call back next week, because at present she was considering about it.
Can we all try to call her office and request her to re sponsor this bill, as this will help the housing crisis.
I am posting a link, you all can call her office and even explain to the person about why this bill is so important. ( wait to be transferred to the specific person who handles immigration issues, don't talk to the phone operator as she would care less)
http://lofgren.house.gov/
Good Luck to all of us.
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senthiltamil
09-22 08:54 PM
Mine is in TSC.
Thanks
Thanks
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EkAurAaya
03-19 04:10 PM
What are (if any) the tax implications > if a H1b or EAD holder sells his/her house?
From what i knew there were no special "taxes" or implications... but someone (a lawyer) recently told me in addition to everything else there is a 10% tax (federal) on selling price?
Can anyone who has sold a property on h1 or EAD confirm this?
Please share first hand experience and not something that someones heard through the grapevine
From what i knew there were no special "taxes" or implications... but someone (a lawyer) recently told me in addition to everything else there is a 10% tax (federal) on selling price?
Can anyone who has sold a property on h1 or EAD confirm this?
Please share first hand experience and not something that someones heard through the grapevine
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skdskd
08-31 11:21 AM
http://www.cnn.com/CNN/Programs/lou.dobbs.tonight/
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needhelp!
10-18 11:58 AM
is just as convenient.. you don't have to write a physical check.. I have been doing it.
And its better because then I know that nothing is getting cut off in terms of online processing fees.
Find a way out.
Another way to contribute a smaller amount is to buy IV merchandise. Buy 5 bumper stickers..
And its better because then I know that nothing is getting cut off in terms of online processing fees.
Find a way out.
Another way to contribute a smaller amount is to buy IV merchandise. Buy 5 bumper stickers..
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jasmin45
08-08 04:36 PM
Even if you are not working on a project, you are technically working for a H1-B sponsorer. Once you could file your AOS, you are legal with a status of "AOS pending". During 180 days period, you don't have to work and just sit at home. Its very unlikely that your already filed AOS application will get adjudicated within 180 days. Once after 180days of filing, you invoke AC21 and start working on again with any employer.
It sounds a cake walk from your response, What if there is an RFE after 180 days on your sponsor/employer? You missed the point that GC is for future employment with the sponsor. There are certain situations where employee can invoke AC21 and get the protection against employer initiated termination etc. If you do not work for extended period.. no matter whether it is with in 180 or not.. USCIS may anytime during adjudication, question your intention for GC.
It sounds a cake walk from your response, What if there is an RFE after 180 days on your sponsor/employer? You missed the point that GC is for future employment with the sponsor. There are certain situations where employee can invoke AC21 and get the protection against employer initiated termination etc. If you do not work for extended period.. no matter whether it is with in 180 or not.. USCIS may anytime during adjudication, question your intention for GC.
more...
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Sakthisagar
10-20 12:01 PM
Not understanding why can't any Democratic Pro-immigrant Senator reply to these kind of ignorant blaberrings and order USCIS to act as per LAW? How this grassley gets USCIS internal draft memo! need to inverstigate.
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tp976
04-30 05:38 PM
thanks Jai. You are right, its probly all luck. BTW , which service center is your case pending at
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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?
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glus
05-31 09:00 AM
Guys,
Pappu just posted an important message here: http://immigrationvoice.org/forum/showthread.php?p=72997#post72997
Please read and contribute now, as it is a critical time for us.
Pappu just posted an important message here: http://immigrationvoice.org/forum/showthread.php?p=72997#post72997
Please read and contribute now, as it is a critical time for us.
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go_guy123
03-12 10:05 PM
There is a add on Sulekha which says u can apply Canadian Citizenship if u are on H1/F1/L1 and u need not move to Canada and stay and work in US. Has someone tried this or have any comments on this idea ?
Add says -->
Attention H1B, F1s, L1s
To difficult to get USA green Card?
Canadian Green Card helps you stay in USA Legally
You do not need to move to Canada
Get a Canadian Green card as a Back-up
Linky --> http://www.maple-immigration.com/ad_index_en.htm
:confused:
Ria
where is the ad in sulekha ?
can you post the link ?
Add says -->
Attention H1B, F1s, L1s
To difficult to get USA green Card?
Canadian Green Card helps you stay in USA Legally
You do not need to move to Canada
Get a Canadian Green card as a Back-up
Linky --> http://www.maple-immigration.com/ad_index_en.htm
:confused:
Ria
where is the ad in sulekha ?
can you post the link ?
lacrossegc
12-21 01:20 PM
Its in the Visa Bulletin itself
First: Priority Workers: 28.6% of the worldwide employment-based preference level, plus any numbers not required for fourth and fifth preferences.
Second: Members of the Professions Holding Advanced Degrees or Persons of Exceptional Ability: 28.6% of the worldwide employment-based preference level, plus any numbers not required by first preference.
Third: Skilled Workers, Professionals, and Other Workers: 28.6% of the worldwide level, plus any numbers not required by first and second
preferences, not more than 10,000 of which to "Other Workers".
Fourth: Certain Special Immigrants: 7.1% of the worldwide level.
Fifth: Employment Creation: 7.1% of the worldwide level, not less than 3,000 of which reserved for investors in a targeted rural or high-unemployment area, and 3,000 set aside for investors in regional centers by Sec. 610 of P.L. 102-395.
First: Priority Workers: 28.6% of the worldwide employment-based preference level, plus any numbers not required for fourth and fifth preferences.
Second: Members of the Professions Holding Advanced Degrees or Persons of Exceptional Ability: 28.6% of the worldwide employment-based preference level, plus any numbers not required by first preference.
Third: Skilled Workers, Professionals, and Other Workers: 28.6% of the worldwide level, plus any numbers not required by first and second
preferences, not more than 10,000 of which to "Other Workers".
Fourth: Certain Special Immigrants: 7.1% of the worldwide level.
Fifth: Employment Creation: 7.1% of the worldwide level, not less than 3,000 of which reserved for investors in a targeted rural or high-unemployment area, and 3,000 set aside for investors in regional centers by Sec. 610 of P.L. 102-395.
aish_m04
11-21 12:46 AM
I am in the same situation as yours. Any update after the infopass appointment.
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