Desertfox
02-26 01:24 PM
I was in the same boat and I can tell you that you have to pretty much depand on your company attorney. In my case it took 2-3 inch thick stack of documents to prove the relationship of the US company with its foreign subsidiary and if you are trying to get L-1A (multinational executive/manager), it will take another bunch of documents to prove your credibility, your existing status with the company as a manager/executive in the foreign subsidiary, your proposed role in the US company and a lot more. I guess it would be wise for you to let the attorney handle the case as you probably won't have much to do with the whole process. However, the positive news for you is that almost all of the well documented and properly filed L-1 petitions are approved by USCIS, and any experienced immigration attorney won’t have much of a problem getting you approved.:)
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sreekanth
09-18 01:04 PM
Thanks for the clarification. I will gladly pay you $5.(If and after I get my Greencard):D
st4rguitar
08-22 12:11 AM
No. Once it has expired, it has expired. The DOL implemented the 180 day rule in July 2007, and since then, all cases have been subjected to it. I have not heard of any exceptions to this rule.
Hello,
I am from India. My employer had applied for PERM EB2 labor while my old EB3 labor was still pending. My EB3 labor, with priority date of MAR 2005, was approved before July fiasco and I was able to apply for 485/EAD/AP/etc.
Last August (2007), my PERM labor was approved too; I had the chance to file a new I140 and request interfiling with my existing 485 application. But my lawyer suggested me not file a new I140 and we let the approved EB2 labor expire.
Now, I am having second thoughts, as I did then. Is there any way I can use the old expired labor (> 180 days after approval). I know I cannot use it directly to file I140, but are there any ancillary benefits of having an approved, albeit expired labor? I am thinking of either checking with my employer if they can file a new EB2 PERM labor if I qualify, or switching my jobs.
Thanks.
Hello,
I am from India. My employer had applied for PERM EB2 labor while my old EB3 labor was still pending. My EB3 labor, with priority date of MAR 2005, was approved before July fiasco and I was able to apply for 485/EAD/AP/etc.
Last August (2007), my PERM labor was approved too; I had the chance to file a new I140 and request interfiling with my existing 485 application. But my lawyer suggested me not file a new I140 and we let the approved EB2 labor expire.
Now, I am having second thoughts, as I did then. Is there any way I can use the old expired labor (> 180 days after approval). I know I cannot use it directly to file I140, but are there any ancillary benefits of having an approved, albeit expired labor? I am thinking of either checking with my employer if they can file a new EB2 PERM labor if I qualify, or switching my jobs.
Thanks.
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Jaime
09-12 10:22 AM
Putting a Face to the U.S. Reverse Brain Drain
Real Life Cases
Pablo
A highly-skilled Architect from Mexico, Pablo moved to the U.S. in 1999 when he got a job offer from a New York architecture firm, seeking skilled architects overseas to fill the shortages that the industry faced. Pablo has a Master of Architecture degree with Honorable Mention from the best university in Latin America. Upon arrival in the U.S., Pablo quickly showed that he was an exemplary employee, working hard, late and on weekends and beating all expectations. His wife, also an architect, also outperformed all expectations. Their employers say they have no better employees.
After nearly 10 frustrating years of waiting and with no Green Card in sight, Pablo has job offers in Canada, Australia, France and his native Mexico, and has decided to pack his bags and leave the U.S. in January of 2008. His employer is very upset because their hands are tied and they cannot retain their best employee.
Real Life Cases
Pablo
A highly-skilled Architect from Mexico, Pablo moved to the U.S. in 1999 when he got a job offer from a New York architecture firm, seeking skilled architects overseas to fill the shortages that the industry faced. Pablo has a Master of Architecture degree with Honorable Mention from the best university in Latin America. Upon arrival in the U.S., Pablo quickly showed that he was an exemplary employee, working hard, late and on weekends and beating all expectations. His wife, also an architect, also outperformed all expectations. Their employers say they have no better employees.
After nearly 10 frustrating years of waiting and with no Green Card in sight, Pablo has job offers in Canada, Australia, France and his native Mexico, and has decided to pack his bags and leave the U.S. in January of 2008. His employer is very upset because their hands are tied and they cannot retain their best employee.
more...
kaarmaa
01-18 12:42 PM
"Cutting off the nose to spite the face" -- So true.
Anders �stberg
April 2nd, 2004, 11:44 PM
So-so pictures... ;) The telephone lines are kind of interesting, I think it may have been better to see the ground as well.
Are you using "Save for web"? That removes the EXIF, use "Save as..." instead.
Are you using "Save for web"? That removes the EXIF, use "Save as..." instead.
more...
wantAGC
07-23 03:14 PM
I also have a similar case of 2 485s . I have EB2 priority date of September 2005 and not yet approved. May be multiple A # make it complex. I am planning to take an infopass apppointment and talk to IO and inform that we have 2 A#. Let us know how your appointment goes
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amicable
06-21 06:12 PM
Hi, I recently got married to an American Citizen. I am Canadian citizen and on travel visa here. I filed my I-485 jut last week. My question is how long does it take to get permanent resident approval?
more...
stephsh
01-20 08:32 AM
I solved it :)
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Paisano
05-01 08:58 PM
1) As per the law, you and your husband both are supposed to leave the country the next day. But USCIS generally allows upto 30 days to leave. As per the law, he can not stay for a couple of weeks to look for another job. Both of you are supposed to leave the country.
2) Yes. You both will be out of status but you will not be accuring unlawful presence if your I-94 is valid. You will start accuring unlawful presence once the employer withdraws H1B petition. The unlawful presence is the one which will make your bar from the country for 3 years (after 180 days and under 1 year) or 10 years (more than a year).
3) No. It may not be a issue with GC processing. Under 245 rules, unlawful presence upto 180 days is allowed.
4) You have to submit your I-539 petition along with your husband's H1B petition. Your status is tied to your husband's status.
2) Yes. You both will be out of status but you will not be accuring unlawful presence if your I-94 is valid. You will start accuring unlawful presence once the employer withdraws H1B petition. The unlawful presence is the one which will make your bar from the country for 3 years (after 180 days and under 1 year) or 10 years (more than a year).
3) No. It may not be a issue with GC processing. Under 245 rules, unlawful presence upto 180 days is allowed.
4) You have to submit your I-539 petition along with your husband's H1B petition. Your status is tied to your husband's status.
more...
f1vlad
03-27 07:20 AM
Thanks, yeah I am looking to use EAD.
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bkshres
10-07 03:59 PM
Any suggestion whether to switch attorney after using AC21 and moving to new company?
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gparr
November 14th, 2004, 07:18 PM
While photographing in the Japanese garden in Portland, OR, I unintentionally captured most, if not all, of the stone lanterns that are dispersed throughout the grounds. Here are my three favorites. More in my gallery. Comments appreciated.
Gary
2 sec. at f/22 and 25mm using the EFS 18-55
http://www.dphoto.us/forumphotos/data/500/153stonelantern5.jpg
1/4 sec. at f/8 at 22mm using the EFS 18-55
http://www.dphoto.us/forumphotos/data/500/153stonelantern4.jpg
1/20 sec. at f/8 and 35mm using the EFS 18-55
http://www.dphoto.us/forumphotos/data/500/153stonelantern1.jpg
Gary
2 sec. at f/22 and 25mm using the EFS 18-55
http://www.dphoto.us/forumphotos/data/500/153stonelantern5.jpg
1/4 sec. at f/8 at 22mm using the EFS 18-55
http://www.dphoto.us/forumphotos/data/500/153stonelantern4.jpg
1/20 sec. at f/8 and 35mm using the EFS 18-55
http://www.dphoto.us/forumphotos/data/500/153stonelantern1.jpg
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njboy
10-16 01:42 PM
No...to serve in armed forces u just need GC..infact there are several hispanic green card holders who have died in Iraq and have been awarded citizenship posthumously..
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gclongwaytogo
10-05 03:02 PM
ARE YOU THE SAME ONE WHO MISSED SENDING YOUR WIFE'S PACKAGE!!!!!AND NOW YOU ARE GOING TO INDIA FOR YOUR MARRIAGE!!!
Dear All,
I got a labor substitution and filed for my I-140 and I-485 concurrently. Today was the last day to send the documents and some paperwork was missing for my wife! I missed sending the package!
Now how should i proceed?? My wife is on H1-B currently. Any ideas??
My priority date is 25 jan 05 - eb2.
Thanks,
KK.
Dear All,
I got a labor substitution and filed for my I-140 and I-485 concurrently. Today was the last day to send the documents and some paperwork was missing for my wife! I missed sending the package!
Now how should i proceed?? My wife is on H1-B currently. Any ideas??
My priority date is 25 jan 05 - eb2.
Thanks,
KK.
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jonty_11
07-24 05:20 PM
I am not sure if Attorney is allowed to sign on place where it says : "APPLICANT"
u may have to give written permission/Notarized for that...
By signing Form G28, u are only authorizing the attorney to represent u in this case...not sign for u.
u may have to give written permission/Notarized for that...
By signing Form G28, u are only authorizing the attorney to represent u in this case...not sign for u.
more...
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diptam
07-17 10:15 PM
Once your GC gets approved , thenit may be difficult for your wife to file
Hi, I am in same boat as you. I tried to find infomation & reality is 485 for future spouse can be filed only if the PD becomes current.
Hi, I am in same boat as you. I tried to find infomation & reality is 485 for future spouse can be filed only if the PD becomes current.
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fromnaija
02-26 01:10 PM
The risk is that you do not know which petition will be approved first. According to the "last action rules" principle, the last petition to be approved will be your wife's status. For instance, if the H4 petition is approved last she may need to file a change of status to be in H1 or alternatively travel out and re-enter with the desired visa, and vice-versa.
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terpac
02-03 07:30 PM
This is EB2 and I had more that 6.5 yrs of experience at the time of labor filing.
The case is in NSC.
PD: Jan 07
I140 & 485 concurrent filing in July 07
Thanks!
The case is in NSC.
PD: Jan 07
I140 & 485 concurrent filing in July 07
Thanks!
nashorn
12-15 12:50 PM
You need to make it more clear to get help.
You said she got a H4 stamp when she first came to the US based on your H1B. That could not be true. She must had a I-797 approval notice of her H4.
You need all her I-797s of H4. Check the starting and ending times on them. Their should be no gap between. Any gap, if during which she was in the US, means illegal stay. But, if she had left the US after the gap and returned legally, the gap wouldn't be treated as illegal stay when you file 485. The evidence you need to prove this the her I-94s. All the VISA she'll ever has are the ones in her passport.
You said she got a H4 stamp when she first came to the US based on your H1B. That could not be true. She must had a I-797 approval notice of her H4.
You need all her I-797s of H4. Check the starting and ending times on them. Their should be no gap between. Any gap, if during which she was in the US, means illegal stay. But, if she had left the US after the gap and returned legally, the gap wouldn't be treated as illegal stay when you file 485. The evidence you need to prove this the her I-94s. All the VISA she'll ever has are the ones in her passport.
Joey Foley
September 15th, 2005, 01:17 PM
Dude. Your "Bloody Eyes", "Ozzfest 2005", and "John 5" rock.
Who are those guys, bloody eyes, and the guy with glasses in the Ozzfest 05 photo? I guess I don't know who John 5 is either, looks like he'd play for MM. ...guess other than Sabb and Maiden, arenarock aint my thing.
...saw your ?? about PPlanet, I'll let ya know if they correct it next month.
Thanks man!
John5 was playing guitar for Rob Zombie in that photo taken at Ozzfest.
He has played guitar for a lot of people. He's mostly a solo guitarist. He's pretty decent.
He's also played in and/or on the following people's CDs: Leah Andreone,David Lee Roth,Two,Ryan Downe,Marilyn Manson to name a few.
Bloody eyes photo is Chad Gray is the singer for the band "MUDVAYNE" (not my thing at all, Nu-metal stuff, but kind of fun to photo)
The guy in the glasses, his name Trevor Strnad he's in a band called "THE BLACK DAHLIA MURDER" (really heavy, hardcore meets metal type stuff).
I'm into a little bit of every kind of music. VERY open mind when it comes to music.
But my favorite stuff is mostly 80's rock and pop punk type stuff.
Guns N' Roses,Motley Crue,(old) Nofx,(old) Misfits,Black Sabbath is some of my favorite all time stuff.
Who are those guys, bloody eyes, and the guy with glasses in the Ozzfest 05 photo? I guess I don't know who John 5 is either, looks like he'd play for MM. ...guess other than Sabb and Maiden, arenarock aint my thing.
...saw your ?? about PPlanet, I'll let ya know if they correct it next month.
Thanks man!
John5 was playing guitar for Rob Zombie in that photo taken at Ozzfest.
He has played guitar for a lot of people. He's mostly a solo guitarist. He's pretty decent.
He's also played in and/or on the following people's CDs: Leah Andreone,David Lee Roth,Two,Ryan Downe,Marilyn Manson to name a few.
Bloody eyes photo is Chad Gray is the singer for the band "MUDVAYNE" (not my thing at all, Nu-metal stuff, but kind of fun to photo)
The guy in the glasses, his name Trevor Strnad he's in a band called "THE BLACK DAHLIA MURDER" (really heavy, hardcore meets metal type stuff).
I'm into a little bit of every kind of music. VERY open mind when it comes to music.
But my favorite stuff is mostly 80's rock and pop punk type stuff.
Guns N' Roses,Motley Crue,(old) Nofx,(old) Misfits,Black Sabbath is some of my favorite all time stuff.