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I am getting my GC processed on a future employment offer. I already have my EB3 I-140 approved from NSC after A2P RFE, and my I-485 is pending since July 07. I plan to join my sponsoring employer shortly using my EAD, but my attorney told me that I have the optio to wait until I-485 approval. Hope this helps.

are you guys saying that the "costs" for the medical exams can be reimbursed by our insurance companies? I did not know that... In case that is true, I will submit mine for reimbursement...
thanks for the info..

After seeing the State of The Union Speech I wrote to the President about green card processing delays and immigration reform.

I would recommend you all do the same.
Hoping he reads at-least one of our letters and show some mercy + change!

The address to mail is:
The White House
1600 Pennsylvania Avenue NW
Washington, DC 20500

Thanks!

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.

Thank You guys for all your responses...i am planning to send the requested documents again.

Thanks
Chintainfogc

As per INA Sec 101(b), the definition of child is dependent who is unmarried and under 21 years old. The Child Status Protection Act (2002) provides some additional relief. This article could be useful for you -

http://www.ilw.com/articles/2006,0119-eiss.shtm

Thank you very much for the information and also for the very useful link.

Previously worked on H-1B visa for six years. Left US when visa expired.
Then worked in Canada for 6 years.

Currently on TN-1 Visa with 13 years of IT Program Management and IT Project Management, IT Governance and IT Audit experience.

Looking for a company willing and able to apply for Labor Certification in this short duration, so I can apply for I-140 and I-485 before August 17th.

Thank you for your information and advice.

Out of curiosity: How do you expect to get your LC through PERM approved before August 17th?

Thanks,
Jayant

Guys:
I wanted to know that if somebody has currently an approved LC and I-140(EB-3) with Company A and decided to change jobs to Company B, who would now file under EB-2.

a) Can he hold on to his EB3 priority date..though the new petition would be filed under EB-2 ?
Yes, I know a lot of ppl have asked this question in the wake of the retrogession that we are all sufferning through ?

b) If this Company B were to file for H1-B , as I understand it would count towards the 2007-2008 quota which opens on April 1st '07...does this scenario also force you to not start working till Oct'07 (which is when ppl who file in the 2007-08 quota are supposed to start working).

What I am trying to understand is that in this scenario can you change jobs and start to work for Company B without having to wait till Oct'07 ?

Thanks

My case is similar too, my husband filed 485 for both of us on 29th June, we both have H1b. But on June 15th one H1b transfer was filed for me (dependent in 485) which was confirmed to us on June 22nd and I joined new company on June 26th.
But the whole transfer thing is not mentioned in 485 because we were not aware at time of filling forms (june 18th).

Is this going to create problem? do we need to send update/form to USCIS about this?

I have a approved I-140. Applied for 3 year H1 extension in Oct 2006. 3 year H1 extension approved on 5th Feb 2007. Received H4 dependents extensions. Did not receive my I-797. Requested my consulting company to check why I did not receive my I-797 with I-94. They lied to me that they called USCIS and I/they/lawyer will get copy in 30/45 days. My MN drivers license got canceled/suspended on 04/24/2007 because I did not submit approved I-797/I-94. Company lawyer informed my company that they applied under premium processing for duplicate copy on 04/16/2007. I called USCIS and they told me this is bullshit. There is no premium processing for duplicate document. Lawyer does not want to reveal which form he filed for duplicate document. I also applied this week using form I-824 for duplicate copy of approved H1 extension. Called USCIS, and they said I will get a receipt number in 15 days and copy in 2-3 months. This copy will not include I-94, so it is useless. What options do I have. My lawyer is an American and he thinks it is below his dignity to answer my calls.

What options do I now have? Any options will be appreciated.

I am in need of this info and want to clarify my doubt. Please reply soon.

Both parents were in India and Indian Citizens by birth at the time of birth of their chidren in India. Birth of year for children is 1996 and 2000 (still minor). As such both children are Indian Citizens by birth.

If one or both the parents acquire foriegn (Canadian) citizenship and does not apply for Canadian citizenship for their children, does it affect Indian Citizenship of their minor children in that case? Will the children automatically loose their Indian Citizenship? or children can still be Indian citizens as they have not acquired foriegn citizenship, even if parents have acquired/renounced the Indian citizenship? (Parents have to write to Indian Consulate that they are renouncing their own Indian Citizenship due to acqusition of foriegn citizenship in order to get Indian Visa for themselves.)


This doubt originated due to information in Wikipedia under Citizenship Act of 1955, which has a clause which says "Renunciation is covered in Section 8 of the Citizenship Act 1955. If an adult makes a declaration of renunciation of Indian citizenship, he loses Indian citizenship. In addition any minor child of that person also loses Indian citizenship from the date of renunciation. When the child reaches the age of eighteen, he has the right to resume Indian citizenship. The provisions for making a declaration of renunciation under Indian citizenship law require that the person making the declaration be "of full age and capacity."

Regards,

Is letter from employee needed for filing I-485 for my spouse. I filed I-485 under EB3 last August and it's still pending. She takes my PD and my PD will be current in May. I have an old letter from my employer when filing my I-485 last August but was wondering if a new letter from employer is needed or the old one would do.

Thanks in advance.

Answer Embedded

Need your help..

Post MBA (since Jun'06), I am working with a new employer. My previous employer (bachelor degree), filed for my labor in Nov'04 and I left this company in Jun'06; howevr employer didn't withdrew my labor application. My labor with previous employer was approved in Feb'07. I have good relation with my previous employer and they are ready to file my I-140; I have few questions regarding this:

Can my previous employer file I-140, even if I am not working with them?
YES

If I-140 is approved, would I able to transfer the PD to my new employer, when he initiates my labor application.
YES, you would need a copy of the I-140 and since you have good relations, it should not be an issue
Once I transfer my PD, can my previous employer use this approved LC for other candidate?
This is a grey area. Not sure but I believe post-April, approved LC would have a validity of 45 days or so - so it may not be reusable. From your point of view, I'm not sure if the LC does get reused, does it impact your PD or not - my take is it doesnt but I'm not a lawyer.

Based on my new qualifications (MBA), my job description has changed totally compared to my previous job.

Thanks in advance..

Hello experts,
Here is a situation of my friend .
1.He lost his and his wife's passport alongwith the receipt notices and FP notice.The current visa which has expired and I-94 is also lost.

If he is in states then he can apply for new passport .For FP Notice he can just walk in to office get FP done on that day provided he has copy or A number with him .
Apply for duplicate copy of H1B approval ,I think it cost @ 200 - 300 $
2.The lost passport includes the old passport with old visa in it.

Get duplicate copy of h1b and go outside usa and get visa stamp on new passport.
Can you please throw some light as to what are his options.

Thanks & Regards

Just my 2 cents...

no u can not work on receipt, try to call USCIs and expedite the process, go to senators office they will help u in this matter also...

You cannot travel and enter US with expired AP. Please renew your AP. Stamp on AP cannot make any difference as per my knowledge. You will have your I-94 also with same time stamp.

Hi All
My AP document expired in NOv 2008. I traveled to India and got back in Aug 2008. The officer stamped the document and wrote paroled until Aug 2009.
Can I travel on this document?
Please advise.
Thank you.

i thought i would share that my 140+485 which was concurrently filed on 2nd jul got approved today. seems like the ead renewal trigerred it as i see a LUD on that as well.

looks like 2003 pd are starting to get picked up at TSC.

how long does it take to get the actual card? i have to travel outside the country next month, what do i need to get back?

thanks.

You can use standard 2" X 2" or You can make Indian size one on http://epassportphoto.com/ for 20 cents.

Just curious.

Who played what role in the reversal of USCIS/DOS decision?

Did IV core / AILA / Congresswoman Lofgren worked together in the back ground? Flower campaign / SJ rally / media - newspaper articles ?

May be all of the above had its unique impact on USCIS's decision to accept I-485?

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."

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