sendmailtojk
11-11 03:54 PM
I was recently approved for an employment based GC. Along with me, my wife and < 21 daughter got too. My EB2 labor was applied in Apr 2003 when my son had just crossed 21 years of age (March 1).
When it was time to apply for our I-485s in Aug 2007, the attorney opined that because he had crossed 21 years of age at the time labor was applied, they could not file an I-1485 for him. Not knowing any better, we complied.
Talking to friends I discovered that my attorney was possibly wrong. And that I could have.....
Is my attorney's opinion correct? If not, what can I do now?
Cheers
When it was time to apply for our I-485s in Aug 2007, the attorney opined that because he had crossed 21 years of age at the time labor was applied, they could not file an I-1485 for him. Not knowing any better, we complied.
Talking to friends I discovered that my attorney was possibly wrong. And that I could have.....
Is my attorney's opinion correct? If not, what can I do now?
Cheers
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pooch
09-04 12:52 AM
I heard that GC is for a future position. If this is the case, can labor, I-140 and I-485 be filed for a person and this person join the company after labor, I-140 and I-485 have been approved? The person will join the same position mentioned in the labor cert with salary >= the labor petition.
snathan
06-16 11:05 PM
L1 or H1....For your own benefit please support this
http://immigrationvoice.org/forum/showthread.php?p=356035#post356035
http://immigrationvoice.org/forum/showthread.php?p=356035#post356035
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wizard
05-10 09:50 PM
I click on it but nothing happens??? :h:
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exploitedone2008
03-13 09:59 PM
what is Freedom of Information Act and how can it help him
phillyag
07-17 10:41 PM
I am going to be filing amendment to my previsously filed app. to add my wife.
My lawyer said I can do that.
My lawyer said I can do that.
more...
smuggymba
05-12 04:01 PM
Hello,
Is it possible to file I-140 without joining the employer? Can one join the employer after the PERM and I-140 are approved? Any risks in this case?
Thanks
u can file but u have to join the petition filing employer once u get GC or otherwise it will be fraud.
Is it possible to file I-140 without joining the employer? Can one join the employer after the PERM and I-140 are approved? Any risks in this case?
Thanks
u can file but u have to join the petition filing employer once u get GC or otherwise it will be fraud.
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Munna Bhai
07-12 09:59 AM
I don't think you can delete just close it.. so that no one will post it again in this thread., you can see the close button if you are the owner of this thread.
Thanks
admin, please close this thread, I already opened another one. I don't know how to do!
Thanks,
Thanks
admin, please close this thread, I already opened another one. I don't know how to do!
Thanks,
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voldemar
01-17 01:50 PM
I think the ability to get an emergency 90 day EAD at the local field offices if they delayed more than 90 days is still there as it is there on the USCIS web page. No???
No. There is no more equipment to produce EAD at local centers. All they do - send a request to USCIS office to expedite EAD adjudication.
No. There is no more equipment to produce EAD at local centers. All they do - send a request to USCIS office to expedite EAD adjudication.
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May 13th, 2004, 11:13 PM
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sangmami
07-17 02:06 PM
Just Posted
Update (Such As It Is) on the Visa Bulletin Debacle (Updated 2pm)
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Update (Such As It Is) on the Visa Bulletin Debacle (Updated 2pm)
saw in aila...any details
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09-15 12:18 PM
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desi3933
01-25 09:19 AM
I work with a consulting company on client side. The client is planning a shutdown for 2 days a month - 2nd and 4th Friday.
Do you guys think its gonna impact 485 application. I am asking this question cause the labor was approved for 40/hrs per week and the salary slip shows the number of hrs worked per month which will be lesser than 160 (in case the month has 4 weeks).
BTW, I am on EAD and 140 approved couple of years back.
Thanks
Pavan -
You should maintain 40/hr per week. This could mean - your consulting company paying these days for your "full time job". The other option is - taking paid time off for these days. Again, it should be paid time off.
Good Luck.
____________________
Not a legal advice.
US Citizen of Indian Origin
Do you guys think its gonna impact 485 application. I am asking this question cause the labor was approved for 40/hrs per week and the salary slip shows the number of hrs worked per month which will be lesser than 160 (in case the month has 4 weeks).
BTW, I am on EAD and 140 approved couple of years back.
Thanks
Pavan -
You should maintain 40/hr per week. This could mean - your consulting company paying these days for your "full time job". The other option is - taking paid time off for these days. Again, it should be paid time off.
Good Luck.
____________________
Not a legal advice.
US Citizen of Indian Origin
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zbd
04-18 11:11 PM
Can you extend the dates upto current date with year increase. That way we can get some picture.
Thanks
Thanks
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n_2006
07-23 03:39 PM
Do we need to follow any process to convert from H1 to EAD? Or just apply for jobs using EAD?
No. No. No. No. Your spouse can do anything with that EAD. Your spouse can do multiple jobs but once your spouse starts using EAD spouse's H-1 gets void.
No. No. No. No. Your spouse can do anything with that EAD. Your spouse can do multiple jobs but once your spouse starts using EAD spouse's H-1 gets void.
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cooler
06-03 09:04 AM
A big thank you to both of you (desi3933, knacath). This information is very helpful
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learning01
04-06 01:12 PM
Else where in IV (http://immigrationvoice.org/forum/showpost.php?p=7026&postcount=172), I posted that the core bill under consideration is Specter S.Amdt 3192, which has already amended Specter's S.2454. So, the Hagel-Martinez 3 core provisions will be added to S.Amdt 3192.
But what about the discussion of other 228 amendments now cloture has passed and discussion and voting allowed on these.
But what about the discussion of other 228 amendments now cloture has passed and discussion and voting allowed on these.
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sampath
04-17 09:21 AM
www.immigration-law.com
04/17/2006: CIS Ombudsman Recommends USCIS Director to Issue Multiple-Year EAD
USCIS has already enacted a regulation that allows the Service Centers to issue multiple-year EAD. However, this regulation has not been implemented by the USCIS because of its impact on the USCIS revenue. The Ombudsman wrote on March 20, 2006 his recommendation to Dr. Emilio Gonzalez, Director of USCIS to implement this regulation on the ground that multiple-year EADs would substantially reduce the USCIS immigration benefits workloads and that if impact on the revenue was the hangup for the failure to implement the published regulation which is a binding rule, the USCIS might consider raising the EAD application filing fees. Multiple-year EAD will relieve the customers from substantial inconvenience and hassle each year. The statistics also strongly support the Ombudsman's statement that issuance of multiple-year EAD would reduce substantially the USCIS workload. For instance, the February 2006 monthly immigration statistical report indicates that the total receipts of entire applications and petitions numbered 409,893, out of which EAD applications numbered 100,051, during one month in January 2006. It means one-fourth of total immigrantion benefits applications and petitions were taken by the EAD applications! This reporter strongly and without any reservations supports the Ombudsman's recommendation and justification! This reporter urges Dr. Gonzalez to implement the regulation as soon as possible.
The CIS Ombudsman also recommends the USCIS to issue EAD valid as of the date of the current EAD expiration rather than the date of approval. Current practice has raised pains and aches to the I-485 waiters in two areas: Potential gap between the date of expiration of current EAD and the date of approval of extension of EAD, and loss of some period of existing EAD when the EAD renewal is issued a few months earlier than the expiration date of the current EAD. Again, we strongly support this recommendation as well. For the memorandum of the Ombdudsman addressed to the Director of USCIS, please click here.
04/17/2006: CIS Ombudsman Recommends USCIS Director to Issue Multiple-Year EAD
USCIS has already enacted a regulation that allows the Service Centers to issue multiple-year EAD. However, this regulation has not been implemented by the USCIS because of its impact on the USCIS revenue. The Ombudsman wrote on March 20, 2006 his recommendation to Dr. Emilio Gonzalez, Director of USCIS to implement this regulation on the ground that multiple-year EADs would substantially reduce the USCIS immigration benefits workloads and that if impact on the revenue was the hangup for the failure to implement the published regulation which is a binding rule, the USCIS might consider raising the EAD application filing fees. Multiple-year EAD will relieve the customers from substantial inconvenience and hassle each year. The statistics also strongly support the Ombudsman's statement that issuance of multiple-year EAD would reduce substantially the USCIS workload. For instance, the February 2006 monthly immigration statistical report indicates that the total receipts of entire applications and petitions numbered 409,893, out of which EAD applications numbered 100,051, during one month in January 2006. It means one-fourth of total immigrantion benefits applications and petitions were taken by the EAD applications! This reporter strongly and without any reservations supports the Ombudsman's recommendation and justification! This reporter urges Dr. Gonzalez to implement the regulation as soon as possible.
The CIS Ombudsman also recommends the USCIS to issue EAD valid as of the date of the current EAD expiration rather than the date of approval. Current practice has raised pains and aches to the I-485 waiters in two areas: Potential gap between the date of expiration of current EAD and the date of approval of extension of EAD, and loss of some period of existing EAD when the EAD renewal is issued a few months earlier than the expiration date of the current EAD. Again, we strongly support this recommendation as well. For the memorandum of the Ombdudsman addressed to the Director of USCIS, please click here.
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raysaikat
03-25 11:49 AM
Hi,
My friend got EAD.His wife is on F1 visa.If he starts using EAD instead of applying for H1 extension, Can he able to join his wife to his GC process who is currently on F1 when his priority date become current.His priority date is Sept06.140 Approved.july 2, 2007 filer.485 is pending.
Thanks
Yes, as long as the derivative I-485 is submitted before the primary applicant receives approval of his I-485.
My friend got EAD.His wife is on F1 visa.If he starts using EAD instead of applying for H1 extension, Can he able to join his wife to his GC process who is currently on F1 when his priority date become current.His priority date is Sept06.140 Approved.july 2, 2007 filer.485 is pending.
Thanks
Yes, as long as the derivative I-485 is submitted before the primary applicant receives approval of his I-485.
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June 6th, 2005, 05:45 AM
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