franklin
02-10 07:43 PM
My gut feeling would be in agreeing with what your attorney says regarding the difficulty with the same job description but differing EB category.
However, I don't think the attorney would have filled for the EB2 knowing that it would not be accepted, especially if your company is paying for the process.
I guess you'll only really know if the tactic works when your EB2 LC is resolved.
I'm far from an attorney, but your general position seems similar to what I've been considering for a while (that's why I know a little bit about this). Sorry - can't be much more help other than that - its just my guessing, really. Maybe others on this board have applied the same theory with success.
However, I don't think the attorney would have filled for the EB2 knowing that it would not be accepted, especially if your company is paying for the process.
I guess you'll only really know if the tactic works when your EB2 LC is resolved.
I'm far from an attorney, but your general position seems similar to what I've been considering for a while (that's why I know a little bit about this). Sorry - can't be much more help other than that - its just my guessing, really. Maybe others on this board have applied the same theory with success.
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frostrated
10-22 02:28 PM
@KabAyegaMeraGc - question for you: if you were qualified for EB-2, why did you in first place filed for EB-3? Looking at your profile, you may would have been just about to get your GC if you would have been in EB-2 bucket. Just curious. Also, what is your lawyer's take on this whole porting thing?
there are many of us here that were qualified for EB2, but our employers wanted to file under EB3.
At the time of filing, everything was current, and therefore none of us objected much. It was later that everything came crashing down.
there are many of us here that were qualified for EB2, but our employers wanted to file under EB3.
At the time of filing, everything was current, and therefore none of us objected much. It was later that everything came crashing down.
Hewa
07-31 04:51 PM
Well your temporary license is as good as ur old license. Does it have your picture and DOB..if so then take that along..passport should be avoided as long as not necessary(to prevent it from getting lost).
This is just a letter sized paper. No pictures. Some people accept it. Some don't. Even in Florida. It didn't use to have a signature. But I guess now it does. Last time I asked them and they said it is valid and should be accepted anywhere in FL. But, try renting a car with it.
Its worse if you have to travel out of state, and rent a car. I had to travel on work and it was horrible. Every time you use your credit card they ask for photo ID.
This is just a letter sized paper. No pictures. Some people accept it. Some don't. Even in Florida. It didn't use to have a signature. But I guess now it does. Last time I asked them and they said it is valid and should be accepted anywhere in FL. But, try renting a car with it.
Its worse if you have to travel out of state, and rent a car. I had to travel on work and it was horrible. Every time you use your credit card they ask for photo ID.
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ita
01-11 12:12 PM
Jungalee43, Thanks for sharing the information. I've contacted Murali Bashyma too.He responded back saying he'll contact me tomorrow.
Hope I'll get my AC21 concerns straightened.
Thank you.
I have mentioned details about Murali Bashyam in some other post. I was introduced to him in a IAFPE seminar on immigration and stayed in touch with him for last three years (and he is finally on my file too). In my AC21 processing he helped me even though he was not my official attorney and did not charge me a penny. I found him a thoroughly gentle person and he always replies very promptly.
Here are contact details: -
Murali Bashyam - Managing Partner
Bashyam Spiro & Edgerton LLP - Immigration Law Group
www.bashyamspiro.com
919 833-0840 x28
919 833-4722 fax
Hope I'll get my AC21 concerns straightened.
Thank you.
I have mentioned details about Murali Bashyam in some other post. I was introduced to him in a IAFPE seminar on immigration and stayed in touch with him for last three years (and he is finally on my file too). In my AC21 processing he helped me even though he was not my official attorney and did not charge me a penny. I found him a thoroughly gentle person and he always replies very promptly.
Here are contact details: -
Murali Bashyam - Managing Partner
Bashyam Spiro & Edgerton LLP - Immigration Law Group
www.bashyamspiro.com
919 833-0840 x28
919 833-4722 fax
more...
praveen_mr
12-21 03:46 PM
Just fly Continental or Delta from NY to Mumbai (this is non stop)
unseenguy
01-04 02:44 PM
Very simple. Impose some kind of a tax for companies not registered in India but have employees more than 20,000. Kinda foolish to do this but I guess a small tx would get the money back.
more...
Googler
02-14 05:22 PM
Great ruling. The analysis is totally applicable to AOS. Moreover, the government admitted that it was wrong in recent memo.
"In the context of removal proceedings, ICE has determined that FBI fingerprint checks and Interagency Border Inspection Services (IBIS) checks are the required checks for purposes of the applicable regulations."
Wait a minute, isn't immigration judge able to grant AOS in removal proceedings? It means that the DHS acknowledges that it wrongfully interpreted regulations for all these years and that name check is not required by law (at least for AOS) as we were saying all along!
I love also this part: "in the unlikely event that FBI name checks reveal actionable information".
As judge Baylson pointed out, "name check" is nowhere to found in laws and regs.
Good point about the recent memo -- happily there are multiple pdfs of it floating around so they can't make that language disappear -- and and immigration judge granting AOS. Those two points should do.
About "name check" nowhere found in laws -- i.e no language in some obscure subsection -- I just want to make sure that the interpretation is ironclad for AOS, we know it is for naturalization.
Yep, I *love* the "unlikely event" part.
"In the context of removal proceedings, ICE has determined that FBI fingerprint checks and Interagency Border Inspection Services (IBIS) checks are the required checks for purposes of the applicable regulations."
Wait a minute, isn't immigration judge able to grant AOS in removal proceedings? It means that the DHS acknowledges that it wrongfully interpreted regulations for all these years and that name check is not required by law (at least for AOS) as we were saying all along!
I love also this part: "in the unlikely event that FBI name checks reveal actionable information".
As judge Baylson pointed out, "name check" is nowhere to found in laws and regs.
Good point about the recent memo -- happily there are multiple pdfs of it floating around so they can't make that language disappear -- and and immigration judge granting AOS. Those two points should do.
About "name check" nowhere found in laws -- i.e no language in some obscure subsection -- I just want to make sure that the interpretation is ironclad for AOS, we know it is for naturalization.
Yep, I *love* the "unlikely event" part.
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franklin
09-05 05:04 PM
Retrogression affects ALL countries. ROW EB3 has been retrogressed for some time.
Please be careful to not spread misconceptions about who is, or is not, affected.
Please be careful to not spread misconceptions about who is, or is not, affected.
more...
rsrikant
11-02 11:37 AM
I got the same queries guys.
i think most of vermont transferred applications are getting it.
i will also send color copies of all the documents mentined by you.
how do you have i 94 for all h1's. i just have my current one. rest all i gave it to immigration while departing to india.
appreciate any responses.
thanks,
srikanth
i think most of vermont transferred applications are getting it.
i will also send color copies of all the documents mentined by you.
how do you have i 94 for all h1's. i just have my current one. rest all i gave it to immigration while departing to india.
appreciate any responses.
thanks,
srikanth
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manderson
10-30 09:58 AM
stylepoet, I am no lawyer but I still think you can totally resolve this thing with a very good immigration lawyer instead of lobbying for a law change. If you wait around for legislative changes you may wind up waiting forever. Look at us. A multi-million dollar lobby like Compete America (which represent Fortune 500s like Microsoft, Google, Oracle, etc.) have been working towards some of the same goals we have been trying to achieve for the last 4-5 years, and either of us can hardly get anything done in Congress.
Compared to the legal limbo we are in, your case really isn't that difficult. I am not trying to condescend you or anything but you my friend need to get a better lawyer if your current one is telling you that your case it stuck. It isn't! There are a lot of things you can do to manage your transition from E2 to EB5.
One of the things you can do is convert your college-going daughter's status to F-1 (by getting a I-20) perhaps temporarily while you sell your business and apply for EB5. I know someone who was already in the US in May/June but his H1 didn't start till Oct and he didn't want to leave and re-enter becoz of embassy hassles back in his home country, so he applied for a Master's from a university and got an I-20 pretty quickly which helped him bridge the gap between June and Oct (he had to study full-time ofcourse to maintain status during that bridge-time). Another way to avoid missing school, is to do this over next summer when both of your daughters will be off for summer break...
Once your kids turn 21 they will age out anyway. Meaning they will have to pursue their own green cards. So if you want them to get their green cards as your dependants you really need to move now. Take it from us. You really don't want to wait around for law changes!!
:)
Thanks for your input, Manderson. My family has been here for four years. We have two sons in England, one of whom is going through the E2 application process, and two daughters, one at University and one in high school. We would all like to stay permanently, but in order to raise the money for EB5, we would have to sell our business and that would put us in breach of our visa conditions.
The half-centrury old E2 laws need to be updated to reflect the valuable economic input of investors. It is unrealistic to expect people to come here, settle their families and run successful businesses for a few years and then go home. Most decide they would like to stay but have no path to GC.
We can't just leave the country and start again because of our daughters' education. Feels like catch 22, but I believe reform is the way forward.
Compared to the legal limbo we are in, your case really isn't that difficult. I am not trying to condescend you or anything but you my friend need to get a better lawyer if your current one is telling you that your case it stuck. It isn't! There are a lot of things you can do to manage your transition from E2 to EB5.
One of the things you can do is convert your college-going daughter's status to F-1 (by getting a I-20) perhaps temporarily while you sell your business and apply for EB5. I know someone who was already in the US in May/June but his H1 didn't start till Oct and he didn't want to leave and re-enter becoz of embassy hassles back in his home country, so he applied for a Master's from a university and got an I-20 pretty quickly which helped him bridge the gap between June and Oct (he had to study full-time ofcourse to maintain status during that bridge-time). Another way to avoid missing school, is to do this over next summer when both of your daughters will be off for summer break...
Once your kids turn 21 they will age out anyway. Meaning they will have to pursue their own green cards. So if you want them to get their green cards as your dependants you really need to move now. Take it from us. You really don't want to wait around for law changes!!
:)
Thanks for your input, Manderson. My family has been here for four years. We have two sons in England, one of whom is going through the E2 application process, and two daughters, one at University and one in high school. We would all like to stay permanently, but in order to raise the money for EB5, we would have to sell our business and that would put us in breach of our visa conditions.
The half-centrury old E2 laws need to be updated to reflect the valuable economic input of investors. It is unrealistic to expect people to come here, settle their families and run successful businesses for a few years and then go home. Most decide they would like to stay but have no path to GC.
We can't just leave the country and start again because of our daughters' education. Feels like catch 22, but I believe reform is the way forward.
more...
vxb2004
04-28 08:29 PM
If you dont mind, can you keep us updated.
I will really appreciate that.
Sure I will. Hope this soft LUD is not a big deal.
I will really appreciate that.
Sure I will. Hope this soft LUD is not a big deal.
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tcsonly
09-19 04:53 AM
ras,
There is no need to react. If you attended the rally, you can politely answer about your participation.
Update you signature that you attended the rally, and if you met any lawmaker offices.
-C.
There is no need to react. If you attended the rally, you can politely answer about your participation.
Update you signature that you attended the rally, and if you met any lawmaker offices.
-C.
more...
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gaz
02-04 01:11 AM
I just got the H1 Approval for 1 year and 2 months (1 year H1 Extension and 2 months recapture time). I am currently in Malaysia and need to apply for a visa at US Consulate in Malaysia. Since I am on the H1 visa, I have to show the proof that I will return back to Malaysia after the end of my work period in US. Accordingly, I would need to purchase the round trip ticket. The issue is that the plane ticket only valid for the maximum of 1 year, but my visa valid for 1 year and 2 months. Please advise if one way plane ticket would be sufficient for the visa interview or need to be a round trip plane ticket. If it is not, what should I do? Also, I wonder if the application package including I-129 submitted to USCIS need to be stamped �Certified True Copy� with the original signature of the lawyer or employer for the visa interview. Can I use the copy one that is stamped �Certified True Copy� with the non-original signatures of my lawyer or employer? Anybody pls help. Thank you very much.
I'm not an attorney - so please treat this as my opinion, and not a definitive statement of fact. Based on my personal experience in India, the one year ticket should be fine - you can always postpone the date of the ticket whenever needed (some airlines charge a fee for it). The proof of return is more like an intent to return.
As for the I129 - my lawyer added no such stamps or certification.
Please do check with your lawyer also. Also, try calling the US consulate.
Good luck.
I'm not an attorney - so please treat this as my opinion, and not a definitive statement of fact. Based on my personal experience in India, the one year ticket should be fine - you can always postpone the date of the ticket whenever needed (some airlines charge a fee for it). The proof of return is more like an intent to return.
As for the I129 - my lawyer added no such stamps or certification.
Please do check with your lawyer also. Also, try calling the US consulate.
Good luck.
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drona
07-12 01:48 PM
Can you send me the letter by PM or post it here? Would like to see the format. I could send one as well or fax it to him.
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paskal
08-14 03:53 PM
with this tension i m jusst going to end up with piles. then paskal will have to look at my piles :(
not that kind of a physician..not on your life pal :p
another thread, another poll. guys all this is already being discussed in so many threads...yes including the esteemed MR WILLIAMS.
there is a thread opening up for every mailroom chap in USCIS
Please stop this. it's not helping anybody. use the multitude of threads that exist and keep this stuff together. otherwise any info you hope to gather is going to be too fragmented anyway...
not that kind of a physician..not on your life pal :p
another thread, another poll. guys all this is already being discussed in so many threads...yes including the esteemed MR WILLIAMS.
there is a thread opening up for every mailroom chap in USCIS
Please stop this. it's not helping anybody. use the multitude of threads that exist and keep this stuff together. otherwise any info you hope to gather is going to be too fragmented anyway...
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chanduv23
08-03 10:31 AM
The reason they seem to be doing this is because of the kind of recomendations they get from various sources which complain about how the website is not helpful or how it is difficult to track information etc...
One has to understand that such traditional type organizations have their own pace and deal with things in their own way.
The new website may not satisfy applicants but from their POV - they have something better than what they had before and thats how any big organization runs.
One has to understand that such traditional type organizations have their own pace and deal with things in their own way.
The new website may not satisfy applicants but from their POV - they have something better than what they had before and thats how any big organization runs.
more...
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anilsal
11-28 09:57 AM
What Next ?? Simple...
Finger Printing, EAD, AP, NAME CHECK, GREEN CARD and CITIZENSHIP :)
Add some time period between each of these. The cumulative time that will take will be a few years (probably over a decade). :(
Finger Printing, EAD, AP, NAME CHECK, GREEN CARD and CITIZENSHIP :)
Add some time period between each of these. The cumulative time that will take will be a few years (probably over a decade). :(
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giddi_raja@yahoo.com
11-02 02:43 PM
It takes 60 days from the RFE received date to make a decision on your AP. If dec 31st passes and if you don't hear anything from USCIS, you may need to call them.
If it is an emergency travel and cannot wait for their approval, you need to visit the local USCIS office with an appointment.
I am on the same case, waiting for USCIS reponse. Thanks.
If it is an emergency travel and cannot wait for their approval, you need to visit the local USCIS office with an appointment.
I am on the same case, waiting for USCIS reponse. Thanks.
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hotscud21
11-01 10:48 AM
Thanks for the response.
IF I port to self employment will things be any better?
That way I can be a consultant and work in my field. I can generate enough work. Also, how would USCIS exactly know what kind of work a person is doing?
Thanks
IF I port to self employment will things be any better?
That way I can be a consultant and work in my field. I can generate enough work. Also, how would USCIS exactly know what kind of work a person is doing?
Thanks
eb2dec2005
02-24 03:01 PM
I did not see any updates on my I140 but just the update on my already approved H1b case.
If my employer has decided to revoke my I140, would i be able to find out , incase he doesn't inform me?
If my employer has decided to revoke my I140, would i be able to find out , incase he doesn't inform me?
gcdreamer05
09-29 01:27 PM
If the doctor's office can give you claim codes, fine. Otherwise, you gotta do it yourself. Just submit the invoice copies with a good cover letter (explaining what it is). I did it with my insurance company and it went through smoothly. They treated our immigration medical exams as usual annual physical exams which are fully covered. Immunizations (i.e., vaccinations) are fully covered as well.
Maverick_2008-+
If you dont mind could you PM me or if it is ok with you share the name of your insurance provider so that we know and we too can file for reimbursement......
Maverick_2008-+
If you dont mind could you PM me or if it is ok with you share the name of your insurance provider so that we know and we too can file for reimbursement......
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