Anne Hathaway Catwoman

One of my collegues who works for the same company and has the same priority date as myself (March, 05 EB3 ) got his GC last year. Thats the only person I know personally who got his GC out of turn. I havent heard of any other cases, so I am guessing its a pretty rare occurance.

I just went through PERM and I140, both of them approved without audit/RFE, where the requirement was Masters + 10 years experience. The job role required this. The requirement should match the job role and what the company would do if they are hiring a new person for the job.

And I believe someone had asked whether you have 7 years experience after obtaining masters. That is not required. In my case I had only 4 years experience after masters, but more than 12 years total. The job requirement stated that Masters + 10 years and not Masters + 10 years after masters.

Hope this helps.

I recieved a weired email update from USCIS about the I-140 after RFE documents recived, waited for two days then call the customer service # and the status on the phone said that USCIS denied the case.
here is the case history.
LC-Feb-2005.
I-140 filled march 2007
I-485/EAD filled July-2007
EAD approved/EAD card arrived 15 Sep 2007
I-140 RFE August 2007(A2P)
I-140 denied 27th Sep 2007.
my question is,
what are the options do I have?
my employer is talking about appeal.
since the original I-140 is denied will the 485/EAD will get cancelled too?
is there any way to port the LC date?
what are the chances of appeal/approval?
employer is in good standing(financially).
any suggestions,input will be highly appreciated.
thanks

appeal is the only way out. With the I-140 gone, so is the 485 and EAD at this point.
You cant port the PD (porting PD requires an approved I-140)

I was reading up on gift tax. Normally, it is the donor (the person giving the gift) that pays the gift tax (if at all.)

What if your family (who lives outside the USA, and does not have greencard/citizenship) sends you some money, in excess of $12k.
Now, they don't file US taxes, so they don't pay any gift tax.

And this is not declared as an income in your income tax statement.

Do we have to pay any kind of gift tax or anything on it?
Do we have to declare it anywhere?

This will be useful to many folks...great work!

Thank you Desi!
Man, that is one heck of confusing language, I am still trying to understand it.

Quick question -- Can PD be transferred from EB category to FB category? In other words - can a person having approved I-140 under EB category take that PD to a family based Green Card? Thanks in advance.

:p :p :p

The details here
Firstly, by investing $1 million and hiring 10 employees anywhere in the US. Secondly, investing $500,000 and hiring 10 employees in an area where the unemployment rate exceeds the national average unemployment rate by 150%. Thirdly, investing in regional centres designated by the INS that are eligible to receive immigrant investor capital. The US immigration and naturalization services (INS), United States citizenship and immigration services (US CIS) have approved over 20 regional centres.


You're a bit confused. To get investor's visa, you need to invest either in certain underdeveloped areas (half a million will be sufficient), or you need to create a certain number of jobs with your investment/business. I wonder, however, if one would qualify by buying an expensive house and providing jobs for 10+ people maintaining your house on a full-time basis. :)

CIS have been targeting reducing processing times for applications including I-485 (for I-485 they want it to be <180 days). Which they are doing, based on their definition of pending (non retrogressed approvable application). They can easily achieve this, give retrogressed countries/categories bare minimum and they process all other applications as quickly as possible. Which explains all of the following..

EB3 made unavailable (they have used all the visa numbers)
EB2-India move way back (they have used all the visa numbers)
EB1 and EB2 quick approvals (for all current categories) average down to 200 days


There were around 3000 visas for EB2-1 and EB3-I , considering 1.2 dependent this means GC for no more than 1400 families in each category. The math is simple getting that many applications processed in first 6-8 months was not difficult.

To add to the woes we have following, which add to the problem, but are not the primary problem.

Labor substitution
EB3-EB2 jumps
Very old name-check cases


Primary problem is 7% country cap, they way things are if CIS gets enough cases in EB1 and EB2 (none retrogressed categories), then they will be reluctant to issue GC to EB2-I and EB3-I above the minimum (7% quota), since that do not count in their definition of pending cases.

Right on point. To your list, you can add EB1-C cases.
At this time there is no way to predict the actual numbers of these...only next three visa bulletins will tell us the actual impact.
My guess (it is only a GUESS...can't be a prediction as there are no numbers to crunch...) is EB2 I will move forward to at least 2005 or 2006 (may be more) till the end of this fiscal year.
In any case, EB3 I is going to be very tough to be in...unless CIR has something nicer to offer to those waiting in that category...

Please update profile before someone can help.

Just did it. I put in the information that I have.

- lazy folks, are NOT just lazy to contribute $$
- many simply just dont know what mess that are into yet

im sure time will teach lessons to those, but no use - it may be too late. they might think about IV - when they have packed their bags and while at the airport, taring their I-94's one last US departure. yeah going for good is what i mean. see you somewhere in india. may be a good subject to talk when we all retire.

I write this letter to verify that Mr. XXXX XXXXX worked at YYYY YYYYY from Aug 1998 until December 2004. During this period he worked 40 Hours per week.

I think, individual can not possibly give "worked in company from... to..." and "number of hours". Only company representative can can sign that. The ex-coworker can certify only that "YYYY YYYYY worked with me from... to ...".


Mr. XXXX XXXXX rendered these services with the highest degree of responsibility and professionalism.

Ex-coworker can say that "While working with me Mr. XXXX XXXXX has shown responsibility and professionalism".

As I mentioned earlier in this thread, the scope of ex-coworker giving experience certificate is limited to "working together". For example, some one behaving good with you might not be good with someone else. In company records, he might not have good records due to that.

My lawyer strongly asked me that ex-coworker must write only on the basis of his own experience. He must not start representing company and start mentioning things like joining date (unless the person hired you), salary, etc.

Well, in any case, your lawyer should be your guide.

If you like to beleive that the USCIS employees care USCIS revenue, you might like this answer.

200K apps (potential applicants in July) times $500 increase.

100,000,000

It took almost 3 months to get the approval. Key points:
1. USCIS does not accept I-140 PP as the original Labor approval is not included.
2. I am not sure if USCIS requests a duplicate copy of labor from DOL or they locate the orginal labor in the old file.
3. Make sure you ask your employer to download the labor approval from DOL website and complete it (employer's signature and your signature) and send it along with the I-140 application.

Hope it helps....Good luck

Guys,

My visa stamping on my passport expires on end of Sep 2009. I am planning to go to India mid July 2009 and come back mid August 2009. I have H1B-I-797 extension upto August 2011. My I-94 which was issued at the POE and the I-94 at the bottom of the extended I-797 has the same number. From what I know when I leave US I should hand over bothe I-94s(given at POE & one below I-797). From what I heard from friends, IO is suppose to give new I-94 validity date based on the extended I-797 validity date and should not give based on date of expiry of visa stamp on the passport.

@bbct

I think IO did a mistake for you, you could have asked him to give I-94 based on your extended I-797.

@mckottayam

IO did the correct thing for you by giving I-94 validity date based on your extended I797.

Question is, incase IO gives a I-94 based on the visa stamping validity date and not on the validity of I-797 can we ask him to give a I-94 based on the I-797. If he refuses, how can we extend the I-94 validity based on I-797.

When I went recently for my EAD renewal FP (I deliberately e-filed EAD renewal to get this FP notice, and it came fast), I took a copy of my I485 receipt notice, and explained to them that I have been waiting for that other FP for almost a year (never opened SR). They promptly took both FPs (code-1 for I485 and code-2 for EAD), and also told me I should never have waited this long, and instead should have contacted them (I guess they meant by Infopass) after 2-3 months.

I will keep it with me until you come back and for sure will return it back to you..you are not believing me..come on???:D:D:D I promise...;););) I will return it safely..

Has anybody travelled TO India with personal gold jewellery? I am not concerned about theft/security. My question is about Customs clearance at the airport. Do we need to declare it or pay customs duty?

If you have any experience doing this, please do share it here.

Thank you.

^^^^^^^^^^^^

Remember green card is a privilege and not a right. But your waiting period idea is well taken.
I would say put 'Retrogressions' and waiting periods also in perspective.

In the world and era of progression
We get the word of 'Retrogression'

called Sen Specters Office. The staffer said she will pass it on to the senator.

We both have received EAD.

But I want to stay in H1B. Can my spouse use EAD to work and I stay in H1B?

Thanks.

Dharna in front of USCIS building .
Hunger strike etc etc