Mentol Blog's

Yes, your priority date shud be current when u plan to add ur spouse, otherwise they wont accept the 485 application

Thank you for the reply.

I did my Master's here.

And I will also make sure to check if we need a BS or MS for my Job. I sure applied for my job on my Master's basis.

---Vijaya.

Thanks to you all, I will update after talking to an attorney.

My school has a rule where 6 credit hours for grad school are considered full time, whereas for most other schools its 9 credits. Because of this I am forced to take 3 credits per semester because of my H1 status, and to remain as a part time. I dont recommend taking a risk at this stage, and though this makes me a quarter part time student, its better than taking no classes :)

How about we send congratulation letter to President-Elect Obama. This should go as a combined effort from the whole IV community. Any thoughts???

Dear President-Elect Obama,

Legal Immigrant Community in USA would like to congratulate you on your impressive campaign and win. We wish you all the best for your presidency tenure and promise to provide you our support and in many manner we can.
We would also like to take this opportunity to bring your attention to some common problems which legal immigrants are currently facing.

1. Quota system for countries resulting in wait period for Greencard ranging from 5-15 years for both Employment based and Family based categories.
2. Extreme dependency on employer because of unclear 'Same or similar job change regulations'. We cannot accept promotions, salary increases or any job title or location changes in order to not lose the status on current pending Greendcard application.
3. In this current economy, many legal immigrants are losing their jobs resulting in changing employers for which they have to go to the end of the line again and start the GC process all over again if the job title or salary is much differnet from the original one.


We understand that USA is currently facing more pressing issues at this time which need your imminent attention but few simple reliefs from your administration will make the lives of immigrants much better here. As a result, they will contribute more towards the economy, buy houses, invest and establish new businesses.

Suggestions for relief to immigrant community:
1. Approve pending bill HR5882 which captures wasted Green card numbers from the past due to bureacracy delays.
2. Remove Same or Similar job requirements for Green card applicants waiting for more than 1 year in their I-485( Last stage of GreenCard). They should be allowed to join any employer with any title or salary changes.
3. Allow pending I-485 applicants to join schools full time without affecting their Greencard applications.
4. Allow pending I-485 applicants waiting for more than 2 years on their last stage of greencard to establish businesses.
5. Allow temp visas for family members who are stuck in lines for Family based immigration.

Few simple changes as stated above will bring imminent relief to legal immigrant community. Many of us want to buy homes, start businesses, go to school full time but cannot do so till we become permanent residents. Wait periods are so long that we are stuck with the same employers with stalled career growth.

We expect that you will consider the above ideas and bring the change that all the people are hoping from years who are stuck in legal limbo.

Thank you
Your supporters
Legal Immigrant Community

Exactly my point. I could not read those numbers correctly and got a shocker until I received the receipts in the mail.
That's true too....lets wait and watch...

Immigrant petition was filed only for me. However, AoS has been filed for the entire family. So in my opinion the answers to three questions sholuld be 1 - No, 2- No, 3- Yes.- Would that be Correct?

Since the primary applicant of form I-539 is my wife, i wasn't sure if there should be a mention of my immigrant petition when describing the circumstances on a separate sheet of paper. Should I add receipt number of form I-485 or attach a copy of the form as support documents?

Thanks!

How about Lawyers reducing their fees?

We are all paying so much to lawyers and that fees is much higher than what USCIS charges.

Why can't lawyers run a campaign or post on their blogs to reduce their fees.

I am July 2 filer. My EAD and AP was filed later in August. I got my EAD and AP receipts but I am yet to get I-485 receipt. Has this happened to anybody else? Is it possible to get 485 case number from the EAD or AP case numbers?

This thread should be deleted. Not related to our cause.

I guess they still send a request to DOS for visa number for that case and they would turn it back saying no visa available. From this point on it is a grey area, it goes into the storage at USCIS. The next attempt for a visa number for your application happens only when USICS visits all the files in their storage again.

All that I have mentioned above are just my guess based on the trends I see at various forums.

hi gjoe,
thanks for your reply. now EB3 Priority dates are gone back to 2001. say there is no visa numbers available after the 485 applications processed which are submitted in july and aug 2007. then waht they do? they have to keep the processed applications aside untill the visa numbers available right? so at that time which one become priority is Labour filing date or 485 RD?

Yes, he needs to be out of the country for 1 full year in order to reset the H1clock....Well, its upto you if you want to file I-485 and get interim benefits like EAD/AP or would like to continue on L1/H1 visas.....I am not sure why you are worried so much as he can get an EAD on L2....Moreover, if you apply 485 now and dont apply for your husband, its more than likely that he wont get a chance to file for a long long time unless congress passes some bill to increase/recapture visa numbers.....

You new employer can file for H-1B change of status for (upto) 3 years since you have I-140 approved and your PD is not current. The fact, that I-140 was applied by current (or ex) employer, does not matter.

Hope it helps.


_________________
Not a legal advice.

Thats what I was looking for!!!! Thank you all for your help. As long as my new employer can transfer over my existing H1-B even though it's past the 6 yrs, I'll be good to go. :)

PHAT7-- that is one awesome pic, u got my vote :)

Following are the documents I attached while applying for L2.

Your documents
--------------------
- Latest I-94
- Your pending H1B Receipt
- All approval notices (I-797)
- Passport pages
- 2 Pay Stubs

Spouse's documents
--------------------------
- Latest I-94
- Approval notices (I-797)
- Passport pages
- 2 Pay Stubs
- Marriage Certificate

If filing EAD concurrently
------------------------------
- 2 Color photographs (2'' x 2'')

I think, too many documents not required. The US Embassy in Delhi asks for:

If you have a sponsor for your trip
-- An Affidavit of Support, I-134 Form from your sponsor (a close relative), and also their bank statements and employment letter
-- A copy of the passport of your sponsor in the U.S. Preferably, a copy of the relative's Indian passport, if possible
-- Documents to show the sponsor's legal status in the U.S.

Refer to http://newdelhi.usembassy.gov/nivbvisas.html.

Just like EAD filing, one can send as many documents as required, but I sent only things asked in e-filing (refer to http://immigrationvoice.org/forum/showthread.php?t=18737).

I did not realize this before and even my attorney did not tell me anything about this. what is the requiremnet for passport to apply I485? same time my application was mailed today afternoon in registered post. If there is slight chance of rejecting I want to call back my application and applying with new passport. what you guys think about this?

Thank you.

Post it in a relevant thread or create new one.

Administrators, I am sure the question from "bluekayal" was an innocent one.

Honestly, I believe in IV as an organization which does not differentiate race, gender, country, category etc.

I am well aware that there are lot of ladies who are well represented in IV Core and its initiatives. I understand very well, how much they contribute when they volunteer for IV activities, especially after everything that a woman does with juggling time between family and work.

Also I am sure others will understand that there are more advisors who are not men, but they probably would not have agreed to present themselves yet, publicly as part of the board for ImmigrationVoice.

Again, hats off to all your efforts & no need to remove the hats to scratch your head...;)

Thanks bluekayal, we appreciate your comments. At this time we can just share with you that IV works with many more advisers and this is a partial list, based on the formalities and complexities of public announcement.

IV does not make judgment based on any denomination that divides us as humans. Frankly, we are scratching our head with your comments.

why is there not an EB3 Philipenes with backlogs?
that would free up EB3 ROW and allow spillover
Clearly Philipenes has enough applicants to have backlog issues???