raysaikat
07-12 02:47 PM
Hello All,
I am currently on OPT which is valid till July 2009. Also, my H1-B is approved through a company X starting oct 2008. Currently I got a job with company Y on my OPT. Can I continue to work on my OPT with company Y till July 2009? OR Do I need to transfer my H1B to company Y from company X to be able to continue to work after Oct 2008? If so, do I need any paystubs from company X. What can be the start date on the offer letter from company X.
Please help. Your guidance is truly appreciated.
Regards
Swetha.
I believe that the I-94 attached to your I-797 (H1-B approval notice) will terminate your F1 status (OPT). In that case, from Oct 1, 2008, you must have an H1-B (or other work visa) to work for a company. Simply ask company Y to file for H1-B and attach your I-797 that you got from company X with it as a proof that you have been counted towards the quota.
The paystubs are needed as a proof of continuing employment in H1-B (i.e., proof of valid H1-B status). Since you have not yet started your H1-B, that is not required.
I am currently on OPT which is valid till July 2009. Also, my H1-B is approved through a company X starting oct 2008. Currently I got a job with company Y on my OPT. Can I continue to work on my OPT with company Y till July 2009? OR Do I need to transfer my H1B to company Y from company X to be able to continue to work after Oct 2008? If so, do I need any paystubs from company X. What can be the start date on the offer letter from company X.
Please help. Your guidance is truly appreciated.
Regards
Swetha.
I believe that the I-94 attached to your I-797 (H1-B approval notice) will terminate your F1 status (OPT). In that case, from Oct 1, 2008, you must have an H1-B (or other work visa) to work for a company. Simply ask company Y to file for H1-B and attach your I-797 that you got from company X with it as a proof that you have been counted towards the quota.
The paystubs are needed as a proof of continuing employment in H1-B (i.e., proof of valid H1-B status). Since you have not yet started your H1-B, that is not required.
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funny
10-01 05:01 PM
Going by the fact about what happened to the labor certification cases filed before April 2005 (They were sent to BECs and most of them were stuck there till December 2007). But the labor certifications by the new PERM system where approved within weeks. I am afraid same would happen if the new point system comes into place while the old GCs will be stuck until several years.
Ofcourse most of them will apply again through the new system if this happens. In a way forced to apply again in the new system.
But in that case wouldn't we be better off with applying under the point based system...because that will be a more streamlined process...
Ofcourse most of them will apply again through the new system if this happens. In a way forced to apply again in the new system.
But in that case wouldn't we be better off with applying under the point based system...because that will be a more streamlined process...
PD_Dec2002
07-05 04:32 PM
From Mathhew Oh (http://www.immigration-law.com/):
07/02/2007: To File or Not To File, That Is the Question!
The USCIS Service Centers Operation office confirmed that the Servce Centers would reject any I-485 applications whose visa numbers are unavailable under the DOS reviised Visa Bulletin that received today would be rejected and returned. In the concurrent I-140 and I-485 application filing, if the I-140 petition filing fee is paid by a separate check, they will accept the I-140 petition only and complete the case and reject and return I-485 and ancillary applications packet to the filers.
---------------
Thanks,
Jayant
07/02/2007: To File or Not To File, That Is the Question!
The USCIS Service Centers Operation office confirmed that the Servce Centers would reject any I-485 applications whose visa numbers are unavailable under the DOS reviised Visa Bulletin that received today would be rejected and returned. In the concurrent I-140 and I-485 application filing, if the I-140 petition filing fee is paid by a separate check, they will accept the I-140 petition only and complete the case and reject and return I-485 and ancillary applications packet to the filers.
---------------
Thanks,
Jayant
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ashwin_27
02-25 12:48 PM
Absolutely agree. That is definitely the way the other side will argue against the "dependents exemption" provision. But doesnt mean we shouldn't ask for it :). its another way to reduce the backlog. And while the practical aspect of what you describe is completely true...what we can argue is - is it fair to bring in thousands of workers and their familes for "work" using one criteria (we do not need families to work for industries) and then ask them to pack up because of backlogs created by another criteria? (too many of you came to work now you suffer because we use a different logic to make you permanently settle here)
it is a part of IV provisions and proposals. we ask for 10 things and push hard and might get 1 or 2 through.
H1B is temporary visa.
Green Card is permanent.
On H1B you can even come to USA for 1 day and go back. But on Greencard you are asking to say here permanently with family. You are also asking for family be given all Green Card benefits like ability to work etc. So it makes sense to count dependents. On H1B the employer is only giving you the job and calling you. So you get work permit. Wife and children do not. You are being called only because USA needs your valuable skills and they cannot find Americans. There is no I485 stage on H1B visa. Wife coming on H4 is only to stay with you. This is understood even before she applied for the visa. So there is no reason for wife to complain that she cannot work on H4. On Greencard I485 stage, once the employer has established no American is available to work, you petition USCIS to allow your wife to stay with you as you also will stay permanently. in I485 you ask for the benefits of permanent residency for wife and children.
So it makes sense for counting dependents in the quota. What we should focus on is removing country limits. Country limits are discriminatory. It is morally wrong.
it is a part of IV provisions and proposals. we ask for 10 things and push hard and might get 1 or 2 through.
H1B is temporary visa.
Green Card is permanent.
On H1B you can even come to USA for 1 day and go back. But on Greencard you are asking to say here permanently with family. You are also asking for family be given all Green Card benefits like ability to work etc. So it makes sense to count dependents. On H1B the employer is only giving you the job and calling you. So you get work permit. Wife and children do not. You are being called only because USA needs your valuable skills and they cannot find Americans. There is no I485 stage on H1B visa. Wife coming on H4 is only to stay with you. This is understood even before she applied for the visa. So there is no reason for wife to complain that she cannot work on H4. On Greencard I485 stage, once the employer has established no American is available to work, you petition USCIS to allow your wife to stay with you as you also will stay permanently. in I485 you ask for the benefits of permanent residency for wife and children.
So it makes sense for counting dependents in the quota. What we should focus on is removing country limits. Country limits are discriminatory. It is morally wrong.
more...
s_r_e_e
11-29 02:18 PM
their email notif system doesnt work.. they may not send email on even hard lud.. I got email for my EAD approval a month after getting the card in hand! ..
babydiams
04-18 06:09 AM
Hello,
I have been living in the USA for the last 5 years going to school with a F1 Visa. I have a Bachelor Degree in Art and a Master Degree in Business. I am currently living in New York City. I plan to work as a Real Estate agent through my OPT. Can I qualify for a green card?
in which class real estate agent falls into, EB1, EB2, EB3 or EB4???
Thank You for your time.
I have been living in the USA for the last 5 years going to school with a F1 Visa. I have a Bachelor Degree in Art and a Master Degree in Business. I am currently living in New York City. I plan to work as a Real Estate agent through my OPT. Can I qualify for a green card?
in which class real estate agent falls into, EB1, EB2, EB3 or EB4???
Thank You for your time.
more...
mohanrajgoyal
06-02 04:42 PM
Hi,
I also went through similar scenario with my WIFE EAD. We didn't receive the receipt notice for her. When we called Texas Service center, CS told us he can't regenerate it again. We got the approval email on Saturday night.
Filed on April 7, 2008
Approval Email on May 31, 2008
I also went through similar scenario with my WIFE EAD. We didn't receive the receipt notice for her. When we called Texas Service center, CS told us he can't regenerate it again. We got the approval email on Saturday night.
Filed on April 7, 2008
Approval Email on May 31, 2008
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at0474
11-13 05:37 PM
Thank you all for your valuable input. I have a follow up question :
Will I be breaking any laws if I just do voluntary marketing and promotional work for my company in India.
Here is the situation :
My clients will be in USA and they will be paying my company in India. I will be on the board of the company , and will be doing voluntary marketing and promotional work for the company while residing in USA.
Thank you for your time.
--On a lighter note. Let me handle your finances in India. You can work here on H1B.
Will I be breaking any laws if I just do voluntary marketing and promotional work for my company in India.
Here is the situation :
My clients will be in USA and they will be paying my company in India. I will be on the board of the company , and will be doing voluntary marketing and promotional work for the company while residing in USA.
Thank you for your time.
--On a lighter note. Let me handle your finances in India. You can work here on H1B.
more...
LostInGCProcess
01-16 10:20 AM
It is considered fraud if you go for H1B stamping and you don't have a job. If the consulate gets to know that you don't have your job anymore and you were aware of that fact when you applied for the H1B visa, you could permanently be barred from entering the US.
I would advice against such a move. Try to get a new job and transfer your H1B and then go to India for visa stamping.
In a way you are right but not entirely. It is the responsibility of the sponsoring company (that filed H1 for the person) to pay while he/she is employed with the company. Its does not matter whether he/she has a client project or not. So, as long as the sponsoring company say they are going to pay him he/she is legal.
I would advice against such a move. Try to get a new job and transfer your H1B and then go to India for visa stamping.
In a way you are right but not entirely. It is the responsibility of the sponsoring company (that filed H1 for the person) to pay while he/she is employed with the company. Its does not matter whether he/she has a client project or not. So, as long as the sponsoring company say they are going to pay him he/she is legal.
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god_bless_you
07-18 09:17 PM
You can apply from your Wife's company for that You will be dependent and her's will be primary.
When submitting you need to enter Alien numbers obtained from the first filing.
The critical part of applying like this is both the I 485 receipts SHOULD get same A# associated.
Once one 485 is approved USCIS will cancel the other or you can write th service center where pending I 485 is to cancel with all related details.,
HAVING MORE OPTIONS IS ALWAYS BETTER!!
When submitting you need to enter Alien numbers obtained from the first filing.
The critical part of applying like this is both the I 485 receipts SHOULD get same A# associated.
Once one 485 is approved USCIS will cancel the other or you can write th service center where pending I 485 is to cancel with all related details.,
HAVING MORE OPTIONS IS ALWAYS BETTER!!
more...
bslraju
09-14 11:42 AM
Thanks in advance gurus!!
the job description says "Bachelors degree (B.A) in related area and 4-6 years of experience
in the field or in a related area."
Will this be a problem??
as one of EB2 requirement is BS or equivalent US degree with 5 years of experience.
But this job desc says its 4-6 years..
Shout it say 5 or more years ??? please help me by commenting on this!!
(This is my 10th year in USA, I would have become UK citizen if i have gone to UK in 2000)
Thank you,
the job description says "Bachelors degree (B.A) in related area and 4-6 years of experience
in the field or in a related area."
Will this be a problem??
as one of EB2 requirement is BS or equivalent US degree with 5 years of experience.
But this job desc says its 4-6 years..
Shout it say 5 or more years ??? please help me by commenting on this!!
(This is my 10th year in USA, I would have become UK citizen if i have gone to UK in 2000)
Thank you,
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belmontboy
02-15 01:29 PM
If each state in India were a country
There would have been no backlog.
dude people are fighting EB2 Vs Eb3 war.
Why do u want to ignite one state Vs another state war now??
Don't u have better to do with your spare time?
Admin, please delete this useless thread. We have enough topics to crib/fight/backstab about!!!
There would have been no backlog.
dude people are fighting EB2 Vs Eb3 war.
Why do u want to ignite one state Vs another state war now??
Don't u have better to do with your spare time?
Admin, please delete this useless thread. We have enough topics to crib/fight/backstab about!!!
more...
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CheckRaise
10-09 06:12 PM
Thanks for the responses! Sorry to reply both responses in the same thread.
No, I havent got any audit (atleast thats what the employer/attrny says). I keep asking them for screenshot/update and getting nothing. There is already a case of a friend's(PD-Sep 08) whose constant request for information was sidelined and finally in May 09 he was told his PERM was approved in Feb 09. That was total BS, fearing something is amiss I started off on a screenshot request and I am getting stiffed saying DOL is a big pain and hard to pull up cases. I am already running on my 7th year and this BS has my blood boiling over.
I agree with the second poster's response on the thread that its BS that its hard to pull data. Its either they dont want me to worry or they dont want me to know the case number or detail. I am inclined more towards they dont want me to know the status because on numerous trackers I see Dec '08 being processed and not even whiff on my filing something very rotten is going on. :mad:
No, I havent got any audit (atleast thats what the employer/attrny says). I keep asking them for screenshot/update and getting nothing. There is already a case of a friend's(PD-Sep 08) whose constant request for information was sidelined and finally in May 09 he was told his PERM was approved in Feb 09. That was total BS, fearing something is amiss I started off on a screenshot request and I am getting stiffed saying DOL is a big pain and hard to pull up cases. I am already running on my 7th year and this BS has my blood boiling over.
I agree with the second poster's response on the thread that its BS that its hard to pull data. Its either they dont want me to worry or they dont want me to know the case number or detail. I am inclined more towards they dont want me to know the status because on numerous trackers I see Dec '08 being processed and not even whiff on my filing something very rotten is going on. :mad:
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drsilver
July 5th, 2006, 05:27 PM
OK, I've got it all figured out. (I confess, I've got nothing figured out, but it felt good to write that.)
Spent the long weekend reading up on this digital camera stuff and I've decided to go Nikon. Made this decision because I've got a relationship with their systems and some good, old glass that can still be used. Maybe not the best situation with new technology, but certainly not useless.
My quandary now is whether to go with a new D200 or a good used D70. In the past, that would have been an easy decision. When these were the tools of my trade, I was always shooting with one-generation-old technology. When everyone else was shooting with F3s, I used F2s. When the F4 came out, I snatched up a couple of discarded F3s. Made plenty of fine pictures that way.
My concern now is the pace of technology change. Digital photography is in its infancy. One reviewer's opinion is that 1 digital year is about 25 human years. So, 4-year-old digital technology is from the stone age.
Is that really true? It sounds like the D70 is a pretty good, battle-tested box which, over the last few years, has made a ton of perfectly fine images. Is it worth spending twice the money to get the newest and bestest?
One thing that caught my eye is that it sounds like the D200 is quite a bit sturdier than its older brother. I used to beat the snot out of my equipment back in the day, so that was important. Now, probably, not so much. I did read, though, that all the buttons and doors and every possible opening in the D200 is gasket sealed. I live in Seattle, so any camera I own is gonna get rained on. That's a big selling point for me.
I also read that the D200 will also work a little better with my old manual-focus lenses; mainly in the metering department. But neither will let you swap out the viewfinder glass, so I'm stuck with straight ground glass. That was never easy to focus on and my eyes aren't any younger. Guess I'll eventually be investing in at least a few AF lenses.
Tip (or rant, depending on your disposition) Of the Day
(I'm trying to give as much as I take on the board):
As far as camera metering is concerned, it doesn't interest me all that much. If you're at all serious about photography, get yourself a hand-held incident meter. I looked on Ebay yesterday and they're giving them away. You can get a Minolta Autometer IIIF for around $50 or a Flashmeter IV for less than $100. This is the most indispensable piece of equipment I own.
All camera meters are reflective. Personally, I want to know how much light is falling on the bridge of my subject's nose. Skin tones vary tremendously, so I'm not as interested in how much is bouncing back.
No matter how sophisticated a camera's metering system, it's still giving you some kind of a reflective average of some part of the scene. That's usually a good-enough approximation, but it's not exactly what you're looking for. You're better off exposing for the light coming in and letting the reflections take care of themselves. 90% of the time, there will be one part of the scene that you want to expose exactly correctly. The rest can be taken care of by looking in the viewfinder. If there are highlights that are going to blow, move your subject or yourself to an angle that either eliminates them or complements you point of emphasis. When all else fails, you can fix extremes with post-processing.
I've heard folks say that using a hand-held meter is too cumbersome. Takes too much time in fast-moving situations. I call BS. Figuring out whether to use matrix metering or center weighted or 10 or 3 or 1 degree spot or histograms or whatever, then trying to guess what the camera is thinking. That's cumbersome.
I was a photojournalist and shot more than my share of all kinds of action. I always had time to take 5 seconds to get a good incident reading. If you're indoors, walk over and take a reading by your subject. If you're outdoors, stand in light similar to your subject. (No matter how far you are from your subject you're both pretty much the same distance from the sun.)
Anyway, back to my original question. Are there any D70 users out there willing to share their thoughts on this box? Has anyone upgraded to a D200? How did it work out?
Thanks again,
--ken
Spent the long weekend reading up on this digital camera stuff and I've decided to go Nikon. Made this decision because I've got a relationship with their systems and some good, old glass that can still be used. Maybe not the best situation with new technology, but certainly not useless.
My quandary now is whether to go with a new D200 or a good used D70. In the past, that would have been an easy decision. When these were the tools of my trade, I was always shooting with one-generation-old technology. When everyone else was shooting with F3s, I used F2s. When the F4 came out, I snatched up a couple of discarded F3s. Made plenty of fine pictures that way.
My concern now is the pace of technology change. Digital photography is in its infancy. One reviewer's opinion is that 1 digital year is about 25 human years. So, 4-year-old digital technology is from the stone age.
Is that really true? It sounds like the D70 is a pretty good, battle-tested box which, over the last few years, has made a ton of perfectly fine images. Is it worth spending twice the money to get the newest and bestest?
One thing that caught my eye is that it sounds like the D200 is quite a bit sturdier than its older brother. I used to beat the snot out of my equipment back in the day, so that was important. Now, probably, not so much. I did read, though, that all the buttons and doors and every possible opening in the D200 is gasket sealed. I live in Seattle, so any camera I own is gonna get rained on. That's a big selling point for me.
I also read that the D200 will also work a little better with my old manual-focus lenses; mainly in the metering department. But neither will let you swap out the viewfinder glass, so I'm stuck with straight ground glass. That was never easy to focus on and my eyes aren't any younger. Guess I'll eventually be investing in at least a few AF lenses.
Tip (or rant, depending on your disposition) Of the Day
(I'm trying to give as much as I take on the board):
As far as camera metering is concerned, it doesn't interest me all that much. If you're at all serious about photography, get yourself a hand-held incident meter. I looked on Ebay yesterday and they're giving them away. You can get a Minolta Autometer IIIF for around $50 or a Flashmeter IV for less than $100. This is the most indispensable piece of equipment I own.
All camera meters are reflective. Personally, I want to know how much light is falling on the bridge of my subject's nose. Skin tones vary tremendously, so I'm not as interested in how much is bouncing back.
No matter how sophisticated a camera's metering system, it's still giving you some kind of a reflective average of some part of the scene. That's usually a good-enough approximation, but it's not exactly what you're looking for. You're better off exposing for the light coming in and letting the reflections take care of themselves. 90% of the time, there will be one part of the scene that you want to expose exactly correctly. The rest can be taken care of by looking in the viewfinder. If there are highlights that are going to blow, move your subject or yourself to an angle that either eliminates them or complements you point of emphasis. When all else fails, you can fix extremes with post-processing.
I've heard folks say that using a hand-held meter is too cumbersome. Takes too much time in fast-moving situations. I call BS. Figuring out whether to use matrix metering or center weighted or 10 or 3 or 1 degree spot or histograms or whatever, then trying to guess what the camera is thinking. That's cumbersome.
I was a photojournalist and shot more than my share of all kinds of action. I always had time to take 5 seconds to get a good incident reading. If you're indoors, walk over and take a reading by your subject. If you're outdoors, stand in light similar to your subject. (No matter how far you are from your subject you're both pretty much the same distance from the sun.)
Anyway, back to my original question. Are there any D70 users out there willing to share their thoughts on this box? Has anyone upgraded to a D200? How did it work out?
Thanks again,
--ken
more...
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rockstart
05-28 10:11 AM
field 11 (have you previously applied for EAD ) there is a column called
"Which USCIS Office" "Date(s)" can some tell me what needs to be filled there? mine was texas center filing.
Also section 16 Eligiblity code is it (c) (9) for both primary applicant as well as spouse (derivative) or different.
Does some one have a mockup sample they can share with others?
"Which USCIS Office" "Date(s)" can some tell me what needs to be filled there? mine was texas center filing.
Also section 16 Eligiblity code is it (c) (9) for both primary applicant as well as spouse (derivative) or different.
Does some one have a mockup sample they can share with others?
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gk_2000
05-02 07:05 PM
trojan -- Thanks, even I found your posts helpful. Sounds like a good idea :)
more...
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vik123
07-11 12:03 PM
We should all write personal letters highlighting what happened and send it to out to congressmen/women. 2 Senators from your state and your house rep.
That will make a huge difference, recently an IV member sent a letter and s/he has already gotten a call from the office, with a promise to look into it.
I called my senator's local office, and they asked me to send a letter, the senator would send an inquiry to USCIS.
Again, LETTER. no email, faxes. The staff clearly told me "Send a letter", and the senator will respond to it. Senator goes thru every postage paid letter.
Yes,you are right.More the number of the senators sending inquiry, more the pressure on USCIS.Lawmakers sending inquiry will force USCIS to do something about this mess.
I thnk that next campaign should be "SEND THE LETTERS TO YOUR SENATORS"
That will make a huge difference, recently an IV member sent a letter and s/he has already gotten a call from the office, with a promise to look into it.
I called my senator's local office, and they asked me to send a letter, the senator would send an inquiry to USCIS.
Again, LETTER. no email, faxes. The staff clearly told me "Send a letter", and the senator will respond to it. Senator goes thru every postage paid letter.
Yes,you are right.More the number of the senators sending inquiry, more the pressure on USCIS.Lawmakers sending inquiry will force USCIS to do something about this mess.
I thnk that next campaign should be "SEND THE LETTERS TO YOUR SENATORS"
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san3297
03-25 11:17 AM
You can get 1099 MISC on H1B and also include that in your tax returns. You need to file a separate form though. I have done this before and confirmed with my attny that there should be no issues with that. The only thing that is important is that the income must be of a passive type.
Income must be passive type meaning it should not exceed the income which iam getting on my present H1job or anything else which iam missing.
Income must be passive type meaning it should not exceed the income which iam getting on my present H1job or anything else which iam missing.
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martinvisalaw
03-16 04:27 PM
1) Since she doesn't have any paystub/w2, is it possible to do COS?
She doesn't need a paystub to change from H-4 to H-1B. In fact, a paystub would hurt since she should not be working in H-4 status.
2) If #1 is okay what are DOCs she or me (if applicable) has to provide.
The employer's attorney will tell her what documents she needs to probe her current status.
3) How long does it take to complete the COS if done by PP.
PP guarantees a response in 15 calendar days
4) How much risk does this case carry/what are the issues she could face?
What type of risk do you worry about? I don't see any more risk here than in any other H-1B petition.
She doesn't need a paystub to change from H-4 to H-1B. In fact, a paystub would hurt since she should not be working in H-4 status.
2) If #1 is okay what are DOCs she or me (if applicable) has to provide.
The employer's attorney will tell her what documents she needs to probe her current status.
3) How long does it take to complete the COS if done by PP.
PP guarantees a response in 15 calendar days
4) How much risk does this case carry/what are the issues she could face?
What type of risk do you worry about? I don't see any more risk here than in any other H-1B petition.
usirit
01-28 01:33 PM
It's amazing the time and energy spent (wasted?) with Sen. Mike Delph illegal-worker bill. Would it be the same for an improved Legal Immigrants system? :rolleyes: I guess not because we are already paying taxes, but unfortunately for us we are stuck in this overkill and non-sense process. My LC (EB3) for instance is waiting to be certified by Chicago DOL since 08/06/07, it got audited in 12/05/07, DENIED on 12/21/07, appealed, and then moved back to "In Process" in 01/10/08. My wife and 3 kids are stuck with their H-4 status while I am an H1-B. Meanwhile, around $20K has been paid between immigration and legal/attorney's fees.
Isn't funny when lawmakers or lack of knowledge people says why you didn't just went Legal? :mad: Regardless the money required to invested in this process, there is so much to know to submit applications that only thru an attorney it's possible; and even having one of the "Best Ones" in your side is not a guarantee.
I'll need to say that I agree and support a fine to employers using illegal workers but this won't stop the immigration to this country; a re-design immigration system with reasonable time and fees as well as clear goals and incentives will definitely improve and solve immigration issues. :)
Isn't funny when lawmakers or lack of knowledge people says why you didn't just went Legal? :mad: Regardless the money required to invested in this process, there is so much to know to submit applications that only thru an attorney it's possible; and even having one of the "Best Ones" in your side is not a guarantee.
I'll need to say that I agree and support a fine to employers using illegal workers but this won't stop the immigration to this country; a re-design immigration system with reasonable time and fees as well as clear goals and incentives will definitely improve and solve immigration issues. :)
Munna Bhai
11-16 04:03 PM
I have applied for my 485 in July because then the PD's were current. Now the PD's are moved back . Does that i will get my GC delayed too. Does the processing of 485 is related to PD's . I thought the PD's are only related to the dates when you can apply for 485 not processing. Correct me if i am wrong.if PD's are also related to getting GC's then what the I-485 processing dates?
same question I wanted to ask?? Any inputs??
same question I wanted to ask?? Any inputs??
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