donya
08-14 12:52 AM
Dear all,
I have a Q regarding the follow-to-join rule. Say one has filed I-140 and I-485 recently (concurrently filing). To use the follow-to-join rule, can the spouse file I-485 at any time after the primary applicant's I-140 is approved but before I-485 is approved? In that case, will the spouse's I-485 be approved around the same time as the primary applicant?
A related Q, will a Visa number be immediately available after one's I-140 is approved?
Thanks a lot!
-donya
I have a Q regarding the follow-to-join rule. Say one has filed I-140 and I-485 recently (concurrently filing). To use the follow-to-join rule, can the spouse file I-485 at any time after the primary applicant's I-140 is approved but before I-485 is approved? In that case, will the spouse's I-485 be approved around the same time as the primary applicant?
A related Q, will a Visa number be immediately available after one's I-140 is approved?
Thanks a lot!
-donya
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Blog Feeds
06-28 03:30 PM
Immigration Law from Houston Immigration Lawyer - Annie Banerjee Has Just Posted the Following:
In McDonald v. Chicago, The Supreme Court reasserted today that individuals have the right to retain guns at both the State and Local levels. The Majority consisting of conservative justices---- Alito, Roberts, Scalia, Thomas, and Kennedy based their decision on the history of the second Amendment, where militias were given the right to protect their farmlands. At that time we had no organized police force, we had no justice system in place.
Who are the militias of today? The KKK-- the uneducated people, who generally do not work, collect welfare checks, and blame all their owes on the colored people and now the "illegal immigrants."
If the Supreme Court grants the right to local levels to enact gun controls, one can only speculate for instance what kind of gun control laws Maricopa COunty in Arizona will enact.
Due Process protects every "individual"; it does not say "citizens". And just like every individual has the right to protect themselves with weapons, every individuals also have the more fundamental right to live.
Although the justices said that the Second Amendment allows for a reasonable restriction of guns, their rationale based on history of the second Amendment gives the militias a carte blanche right to bear arms. This can indeed set a dangerous precedence.
For more information contact Houston Immigration Lawyer (http://www.visatous.com) or Houston Immigration Attorney (http://www.visatous.com), Annie Banerjeehttps://blogger.googleusercontent.com/tracker/8629098317507537197-3007429105780062622?l=usimmigrationmatters.blogspo t.com
More... (http://usimmigrationmatters.blogspot.com/2010/06/second-amendment.html)
In McDonald v. Chicago, The Supreme Court reasserted today that individuals have the right to retain guns at both the State and Local levels. The Majority consisting of conservative justices---- Alito, Roberts, Scalia, Thomas, and Kennedy based their decision on the history of the second Amendment, where militias were given the right to protect their farmlands. At that time we had no organized police force, we had no justice system in place.
Who are the militias of today? The KKK-- the uneducated people, who generally do not work, collect welfare checks, and blame all their owes on the colored people and now the "illegal immigrants."
If the Supreme Court grants the right to local levels to enact gun controls, one can only speculate for instance what kind of gun control laws Maricopa COunty in Arizona will enact.
Due Process protects every "individual"; it does not say "citizens". And just like every individual has the right to protect themselves with weapons, every individuals also have the more fundamental right to live.
Although the justices said that the Second Amendment allows for a reasonable restriction of guns, their rationale based on history of the second Amendment gives the militias a carte blanche right to bear arms. This can indeed set a dangerous precedence.
For more information contact Houston Immigration Lawyer (http://www.visatous.com) or Houston Immigration Attorney (http://www.visatous.com), Annie Banerjeehttps://blogger.googleusercontent.com/tracker/8629098317507537197-3007429105780062622?l=usimmigrationmatters.blogspo t.com
More... (http://usimmigrationmatters.blogspot.com/2010/06/second-amendment.html)
baldev.thakur
12-12 08:45 PM
Hi Wish you all a V V HAPPY XMAS !!!
One of my friends gave me this suggestion - go find some voice over IV. Till Now I was least bothered but because the new anti- H1 B laws are being proposed ( Sen Grassy et all ) , I have to look at this angle. Because without GC , with those new laws in effect, it might be imposs to work here..
Ok , I filed under E B 2 category way back in Ending of 05 and my Labor and 140 got approved.Filed AOS in 2008 ending and since then on the GC wait List.
There are some questions I have which makes me think - is it worth the wait ? IF NOT then lets look at other possibilities including starting some business in Bangalore or going to Canada. I dont know- PL Help me out here friends.
When my employer filed for labor the the promised amt of some $90K in immigrant labor applocation. I could not make that much but I was around $72K Then I had to leave him and go work in UK for the same client ( since that was a UK based company ) and my employer got paid hiring fees. He was not aversive .
So for entire 2007 my income was 0 becos I was in UK working for this MNC and paying UK taxes.
1) Then in 2008 the same client called me back to US but it took some 2 months before they could finally begin my work there and only then my pay started .
So 2008 - I was only close to some $60K PA ( annualized but I was not there entire 2008 . I came back from UK to US around mid 08).
Then on there had been no problem 08 and 09 all gone well.
2 )I read the GC terms and it said - bcos GC is prospective thing, it has nothing to do with your current salary. But in realistic terms - is there chance of problem here ? looking at this ..?
3) If I am in Bangalore after Feb 10, permanently would that be problem in case the lines moves up and I am not in USA ? Will they think that because you are not in US ...and are not working for same employer , cant give GC ..?
Which one can be hurdle in final step 1 , 2 or 3 ? Or God only know
ok bye
Baldevsingh
One of my friends gave me this suggestion - go find some voice over IV. Till Now I was least bothered but because the new anti- H1 B laws are being proposed ( Sen Grassy et all ) , I have to look at this angle. Because without GC , with those new laws in effect, it might be imposs to work here..
Ok , I filed under E B 2 category way back in Ending of 05 and my Labor and 140 got approved.Filed AOS in 2008 ending and since then on the GC wait List.
There are some questions I have which makes me think - is it worth the wait ? IF NOT then lets look at other possibilities including starting some business in Bangalore or going to Canada. I dont know- PL Help me out here friends.
When my employer filed for labor the the promised amt of some $90K in immigrant labor applocation. I could not make that much but I was around $72K Then I had to leave him and go work in UK for the same client ( since that was a UK based company ) and my employer got paid hiring fees. He was not aversive .
So for entire 2007 my income was 0 becos I was in UK working for this MNC and paying UK taxes.
1) Then in 2008 the same client called me back to US but it took some 2 months before they could finally begin my work there and only then my pay started .
So 2008 - I was only close to some $60K PA ( annualized but I was not there entire 2008 . I came back from UK to US around mid 08).
Then on there had been no problem 08 and 09 all gone well.
2 )I read the GC terms and it said - bcos GC is prospective thing, it has nothing to do with your current salary. But in realistic terms - is there chance of problem here ? looking at this ..?
3) If I am in Bangalore after Feb 10, permanently would that be problem in case the lines moves up and I am not in USA ? Will they think that because you are not in US ...and are not working for same employer , cant give GC ..?
Which one can be hurdle in final step 1 , 2 or 3 ? Or God only know
ok bye
Baldevsingh
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wizard
05-09 01:44 AM
I wuv #4. :love:
more...
handless
04-16 03:21 PM
Well glad you like it i do agree it is a bit gory but most the stuff i do is gory i dont know i guess it comes from my obsession with horror and slasher flicks.
Rocky4884
05-26 04:41 PM
Thanks & appreciate your prompt response...
more...
food2006
06-28 01:19 PM
1st time prevailing wage was OK (lower than the salary). This time during extension, prevailing wage is more that the salary, though salary increases over the time. So employer is telling they r not able to renew H1B, because it is hard to increase the salary due to the inequity among employers. What is the solution? Thanks
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redcard
09-08 02:22 PM
:) All I heard was "securing our borders" a couple of hundred times.
You actually stayed awake to listen /Watch to this!!!!.. hey comeon.. don't let the immigration dream take away your sleep...enjoy while you can..life goes on..
You actually stayed awake to listen /Watch to this!!!!.. hey comeon.. don't let the immigration dream take away your sleep...enjoy while you can..life goes on..
more...
martinvisalaw
06-05 05:13 PM
SEE MY ANSWERS BELOW IN CAPS.
1. If my father applies for GC for me under F2B can it be converted to F1 when he becomes citizen?
YES
if so, will the priority date be same or it will be new once converted to F1 category.
IT WILL STAY THE SAME.
2. Can I apply for both family based and employment based in parallel?
YES, THIS IS COMMON.
if it is not possible which path should I select? Will the employment based GC will be faster of family based?
FAMILY-BASED AS THE UNMARRIED CHILD OF A US CITIZEN IS PROBABLY FASTER, ASSUMING YOU ARE FROM INDIA.
1. If my father applies for GC for me under F2B can it be converted to F1 when he becomes citizen?
YES
if so, will the priority date be same or it will be new once converted to F1 category.
IT WILL STAY THE SAME.
2. Can I apply for both family based and employment based in parallel?
YES, THIS IS COMMON.
if it is not possible which path should I select? Will the employment based GC will be faster of family based?
FAMILY-BASED AS THE UNMARRIED CHILD OF A US CITIZEN IS PROBABLY FASTER, ASSUMING YOU ARE FROM INDIA.
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redder20
08-21 11:31 PM
My PERM for EB3 has been approved on July 2008. My I-140 is pending. 485 has not been submitted yet. I don't have EAD card either. For some reason, I have to change job.
My question is, if my current employer will not revoke my current I-140 sponsorship, even I have left company, and in case my current I-140 will be approved, can my priority date be carried over?
Bunch of thanks!!
My question is, if my current employer will not revoke my current I-140 sponsorship, even I have left company, and in case my current I-140 will be approved, can my priority date be carried over?
Bunch of thanks!!
more...
backtoschool
01-05 04:21 PM
All,
I had posted some queries previously and thanks to all who took time to respond.
As I had said before , I have an admission to study for my MBA outside US for one year. Here is the latest update:
I was thinking I will get a one year leave abscence from my employer ( advt on the website), but apparently they dont support studies as part of the deal.
So i am out of luck;
Considering my situation what do you gurus recommend.
How can I leave US yet maintain my GC process.
My I-140 is approved
Situation:
Spouse in school Full time Studies on I-485 pending. ( entered on F1 then converted to I485..... so going back to F1 is impossible)..
I want her status to be preserved.
My thought:
Resign from my company when I need to leave. Convince them that I will return. Maintain no ties with the company for one year..basically can be compared to being jobless for one year.
and then get a letter that a future similar job will be available with the same Co. ( that sponsored my GC)...
Is this feasible ./practical?
I had posted some queries previously and thanks to all who took time to respond.
As I had said before , I have an admission to study for my MBA outside US for one year. Here is the latest update:
I was thinking I will get a one year leave abscence from my employer ( advt on the website), but apparently they dont support studies as part of the deal.
So i am out of luck;
Considering my situation what do you gurus recommend.
How can I leave US yet maintain my GC process.
My I-140 is approved
Situation:
Spouse in school Full time Studies on I-485 pending. ( entered on F1 then converted to I485..... so going back to F1 is impossible)..
I want her status to be preserved.
My thought:
Resign from my company when I need to leave. Convince them that I will return. Maintain no ties with the company for one year..basically can be compared to being jobless for one year.
and then get a letter that a future similar job will be available with the same Co. ( that sponsored my GC)...
Is this feasible ./practical?
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hyddsnr
05-27 11:50 PM
Hi,
Got a 1-797 Notice of Action today in Mail for my pending I-485 and the Notice Type: WELCOME NOTICE: SECTION: Adjustment as direct beneficiary of immigrant petition.
In the details section it says" Welcome to United States"...your application for permanent residence has been approved...we will soon mail you a new Permananet Resident Card....
HOWEVER, the online status still shows "Case pending" and NO LUD update.
1. Any reason to get concerned as the online case status still show it as Pending altough I see approval in Mail Notice?
2. Should i call customer service?
3. How long typically the card in mail takes?
Congratulations!!!
Online updateds are done in batch jobs in the night.
So i guess you should see change in online status tomorrow if not call customer service.
Got a 1-797 Notice of Action today in Mail for my pending I-485 and the Notice Type: WELCOME NOTICE: SECTION: Adjustment as direct beneficiary of immigrant petition.
In the details section it says" Welcome to United States"...your application for permanent residence has been approved...we will soon mail you a new Permananet Resident Card....
HOWEVER, the online status still shows "Case pending" and NO LUD update.
1. Any reason to get concerned as the online case status still show it as Pending altough I see approval in Mail Notice?
2. Should i call customer service?
3. How long typically the card in mail takes?
Congratulations!!!
Online updateds are done in batch jobs in the night.
So i guess you should see change in online status tomorrow if not call customer service.
more...
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user1205
08-20 04:11 PM
This was on another website. Dissapointing. Hopefully smaller measures might have more of a chance
From Washington Post
http://www.washingtontimes.com/apps/pbcs.dll/article?AID=/20070725/NATION/107250079
From Washington Post
http://www.washingtontimes.com/apps/pbcs.dll/article?AID=/20070725/NATION/107250079
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sonia_sd
09-21 05:29 PM
Can anybody throw some light on this.
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harrydr
03-06 07:28 PM
As you can see in my profile, my I-140 is approved and i'm waiting to file for I-485. I just went through a position change within my company via the company lawyer. The way the lawyer explained to me was that he did file a new H1-B petition for the new job and also i did receive my I797-A action notice from USCIS.
The lawyer had to file a new petition (I-129) based upon my approved I-140 and the most importatn action during this process was to phrase the job description in a way that the new job description was more than 90 percent the same as the I-140.
Moreover, the thing i'm nervous about is that no AC-21 was filed in my case. The lawyer did mention that there is no need to file AC-21 as i have not reached into the I-485 stage and that AC-21 is only applicable after the fact that I-485 has been filed.
Hopefully, my experience clears a few things for your case. You can PM in case you want additional details.
The lawyer had to file a new petition (I-129) based upon my approved I-140 and the most importatn action during this process was to phrase the job description in a way that the new job description was more than 90 percent the same as the I-140.
Moreover, the thing i'm nervous about is that no AC-21 was filed in my case. The lawyer did mention that there is no need to file AC-21 as i have not reached into the I-485 stage and that AC-21 is only applicable after the fact that I-485 has been filed.
Hopefully, my experience clears a few things for your case. You can PM in case you want additional details.
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Rolling_Flood
08-26 08:59 PM
Are there people who are current now, who have no Priority Date mentioned on the I-485, EAD and AP receipts? (i.e. the PD box is blank)
The priority date is shown on my I-140 receipt, but not on the aforementioned documents.
Does anyone know how to correct this problem? Thanks much.
The priority date is shown on my I-140 receipt, but not on the aforementioned documents.
Does anyone know how to correct this problem? Thanks much.
more...
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pappu
08-21 02:01 PM
This is a good idea. Pls wait for some time. We are all focussing on the rally.
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benbear
10-03 08:18 PM
http://www.lewslaw.com/US_Immigration_Updates.htm#10022007a
At a recent AILA Conference, Michael Ayetes (USCIS Associate Director, Operations) announced, that during the months of July - August 2007, USCIS had received approximately 800,000 employment based adjustment applications (I-485s): 40,000 concurrently filed with I-140 petitions, 320,000 stand alone applications, and 400,000 dependent applications.
Of the 140,000 annual employment-based immigrant visas available, second and third preference categories are allocated 57.2%. If most of the employment based cases filed in July-August 2007 were second and third preferences, it could take approximately ten years of allocation to complete all these cases.
Although USCIS has posted on its website that I-485 cases received on or before August 9, 2007 have been entered into the system, a number of attorneys have not yet received receipt notices for cases filed at the end of June and July 2007. Moreover, some cases initially filed in Nebraska and transferred to Texas have now been forwarded to the Vermont or California Service Centers for faster processing of receipts.
USCIS is making every effort to process EAD applications within 90 days of receipt. The processing of Advance Parole applications may be delayed due to the number of cases filed.
A Biometrics notice will be issued even if a visa number is not available at the time.
At a recent AILA Conference, Michael Ayetes (USCIS Associate Director, Operations) announced, that during the months of July - August 2007, USCIS had received approximately 800,000 employment based adjustment applications (I-485s): 40,000 concurrently filed with I-140 petitions, 320,000 stand alone applications, and 400,000 dependent applications.
Of the 140,000 annual employment-based immigrant visas available, second and third preference categories are allocated 57.2%. If most of the employment based cases filed in July-August 2007 were second and third preferences, it could take approximately ten years of allocation to complete all these cases.
Although USCIS has posted on its website that I-485 cases received on or before August 9, 2007 have been entered into the system, a number of attorneys have not yet received receipt notices for cases filed at the end of June and July 2007. Moreover, some cases initially filed in Nebraska and transferred to Texas have now been forwarded to the Vermont or California Service Centers for faster processing of receipts.
USCIS is making every effort to process EAD applications within 90 days of receipt. The processing of Advance Parole applications may be delayed due to the number of cases filed.
A Biometrics notice will be issued even if a visa number is not available at the time.
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immi2006
08-06 10:48 PM
http://www.cnn.com/2006/POLITICS/08/05/Bush.radio.ap/index.html
permfiling
05-18 11:03 AM
My LC and I-140 was approved with my ex-employer in CA.Now I have a oppurtunity to join my ex-employer in the east coast. Will I be able to file AOS if I join in a similar role and when my PD becomes current ? The immigration lawyer of my ex-employer told me that I have to join in the same location as my LC was approved to take advantage of AOS as it is location specific. Is it true?
Thanks
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pappu
06-20 09:19 PM
http://immigrationvoice.org/forum/showthread.php?t=5400
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