gcdreamer05
08-05 04:44 PM
I know this is not a good question as there is no time frame for GC process?
But please share your experience;
How many years it could take to get GC if it is started with in Aug. 2008 for
-EB2 category
-EB3 category
I am trying to understand the time (years) difference between two process.
Thanks,
Sanjeev.
Instead of asking such questions, go ahead first and file something as soon as you can, because there are other people who are filing in EB1, 2,3, family based etc etc etc... while you are just posting....
Always eb2 better than eb3, some of my friends who filed in 2002 eb3 have still not got GC, if you file in 2008 may be you will get it in 2015-2016... wow a long time.......
But please share your experience;
How many years it could take to get GC if it is started with in Aug. 2008 for
-EB2 category
-EB3 category
I am trying to understand the time (years) difference between two process.
Thanks,
Sanjeev.
Instead of asking such questions, go ahead first and file something as soon as you can, because there are other people who are filing in EB1, 2,3, family based etc etc etc... while you are just posting....
Always eb2 better than eb3, some of my friends who filed in 2002 eb3 have still not got GC, if you file in 2008 may be you will get it in 2015-2016... wow a long time.......
LONGGCQUE
05-12 04:16 PM
A friend at my workplace is current and is waiting .... I know atleast 3 cases at my workplace who are current in May bulletin and waiting
samu
04-11 10:20 AM
Planning to apply GC in 2008 jan or sometime will it be fine. that time my H1 completes 4 yrs. How long will it take labour? will it be over by 2010?
once i file labour and if not cleared by 2010(h1 completes 6 yrs). i must go back india? right?
no other solution for this?
pls help me.
once i file labour and if not cleared by 2010(h1 completes 6 yrs). i must go back india? right?
no other solution for this?
pls help me.
txh1b
04-15 10:51 AM
Loooong road ahead! Good luck. Hope it gets approved as it might be tough to get a labor approved in this economy.
more...
Lasantha
03-18 04:10 PM
Welcome to IV. Wish I could help you but I don't have a clue about marriage based GC applications. Infact majority of the people here are on the Employment Based GC path but I hope someone can show you the path.
In the meantime also try these forums.
http://britishexpats.com/forum/forumdisplay.php?f=34
http://groups.google.com/group/misc.immigration.usa/topics
They have a more diverse (Both EB and other GC applicants) mix of people in those forums. Hope that helps.
Best of luck and congratulations !!!:cool:
I'm a US-born citizen and my dear friend (now my wife) came to US from Thailand on R1/R2 Multiple Entry Visitor Visa for pleasure and to travel around with me to see the US. Though not intending to, we ultimately married while she was here on her visitor visa. See chronology below. We need to file the right forms. Please help me as this is a daunting task. If I can get some questions answered, then it will clear the clouded skies!
We both will be in the US during this process.
Me > :confused:
My Wife > :(
Here is our current situation:
1. I've been back and forth to Thailand for better part of three years for tsunami relief.
2. Met my wife doing relief work.
3. She applied for visitor visa at US Embassy in Bangkok March 2007.
4. Came first time to US May 2007
5. Married in California in July 2007 (had not intended to, but we fell in love!)
6. Returned to Thailand Sept 2007
7. Returned to US (together) Dec 2007 and are here now (March 2008)
8. Have filled out forms:
I-130 Petition for Alien Relative
I-485 Permanent Res/Adjust Status
I-325A Bio for each of us
I-134 Affidavit of Support
I-765 Employment Authorization Note: is eligibility req (c)(9) correct on line 16?
I feel there are no unusual circumstances about us. We are just normal people and don't fall under any asylum, Cuban or otherwise situations. I need to know about filing what forms and which ones together. Also, which ones will require certain documentation and when should they be included. We will likely file the 130/485/325/765 concurrently. What else should we file and what do I not need to file that I've listed?
Please get me going on this and then I can stop pulling my hair out.
I discoverd this forum today and am so happy I've found it! :D
In the meantime also try these forums.
http://britishexpats.com/forum/forumdisplay.php?f=34
http://groups.google.com/group/misc.immigration.usa/topics
They have a more diverse (Both EB and other GC applicants) mix of people in those forums. Hope that helps.
Best of luck and congratulations !!!:cool:
I'm a US-born citizen and my dear friend (now my wife) came to US from Thailand on R1/R2 Multiple Entry Visitor Visa for pleasure and to travel around with me to see the US. Though not intending to, we ultimately married while she was here on her visitor visa. See chronology below. We need to file the right forms. Please help me as this is a daunting task. If I can get some questions answered, then it will clear the clouded skies!
We both will be in the US during this process.
Me > :confused:
My Wife > :(
Here is our current situation:
1. I've been back and forth to Thailand for better part of three years for tsunami relief.
2. Met my wife doing relief work.
3. She applied for visitor visa at US Embassy in Bangkok March 2007.
4. Came first time to US May 2007
5. Married in California in July 2007 (had not intended to, but we fell in love!)
6. Returned to Thailand Sept 2007
7. Returned to US (together) Dec 2007 and are here now (March 2008)
8. Have filled out forms:
I-130 Petition for Alien Relative
I-485 Permanent Res/Adjust Status
I-325A Bio for each of us
I-134 Affidavit of Support
I-765 Employment Authorization Note: is eligibility req (c)(9) correct on line 16?
I feel there are no unusual circumstances about us. We are just normal people and don't fall under any asylum, Cuban or otherwise situations. I need to know about filing what forms and which ones together. Also, which ones will require certain documentation and when should they be included. We will likely file the 130/485/325/765 concurrently. What else should we file and what do I not need to file that I've listed?
Please get me going on this and then I can stop pulling my hair out.
I discoverd this forum today and am so happy I've found it! :D
knowDOL
08-15 10:52 AM
I have one advice for you in this retrogression arena. I do not advice you to convert your BEC EB3 to PERM but just wait for it to get approved in EB3. At the same time file PERM application for a different job in EB2 in the same company or a different company it does not matter and get its I140 approved. Once BEC is approved apply for I-140 for that too and then you can port the date of EB3 to EB2 and apply for I485 which will fetch you GC faster. Good Luck.
I am also thinking to either file EB2-PERM or convert my current EB3-ROW Regular LC PD-04/2002 to PERM.
I received 45 day letter about six months ago. Do you think I should go with any of these options. Will appreciate ur comments
I am also thinking to either file EB2-PERM or convert my current EB3-ROW Regular LC PD-04/2002 to PERM.
I received 45 day letter about six months ago. Do you think I should go with any of these options. Will appreciate ur comments
more...
sanjay02
03-28 07:34 PM
Report to dept of labor at your local office.
info@dol.gov
info@dol.gov
pappu
08-03 12:31 AM
This is a small idea and let us see if it works.
We all help each other on the forum by answering questions. Let us answer questions of members of our community and politely request the person asking the question, if your answer helped him. If it helped him, the member can consider contributing to Immigrationvoice.
I think if all active members add this small note in their signatures, it may help us generate more funds to continue this effort. You can choose to modify this message to make it more appealing or create a link to the high five campaign that is currently running.
Suggestions are welcome.
We all help each other on the forum by answering questions. Let us answer questions of members of our community and politely request the person asking the question, if your answer helped him. If it helped him, the member can consider contributing to Immigrationvoice.
I think if all active members add this small note in their signatures, it may help us generate more funds to continue this effort. You can choose to modify this message to make it more appealing or create a link to the high five campaign that is currently running.
Suggestions are welcome.
more...
ghost
11-16 01:36 PM
DREAM Act should actually be called DREAM ON Act... its been hanging in the air since 2001 . Next year it will complete its decade of political verbal support and all its supporters can be happy that it survived another year.
Any politician supporting immigration bills this year is not going to be in office next time.
Good one! We see a lot of speculation here on open forums...there are much more realistic updates available on the donor forums...I just wish people don't waste time on speculations and mis-information floating around. Good luck to all of us!
Any politician supporting immigration bills this year is not going to be in office next time.
Good one! We see a lot of speculation here on open forums...there are much more realistic updates available on the donor forums...I just wish people don't waste time on speculations and mis-information floating around. Good luck to all of us!
imm_check
11-06 05:06 PM
Thanks to one and all for your feedback....i shall wait for some more days before talking to USICS
Hi All,
I got an update from my companies lawyer that my daughters application was returned as the cheque was not signed...I have a couple of questions to authenticate what she told me...
1. Could some one let me know what happens when 485 or any application is sent back. Do they send a notice why they sent it back?
2. Would USICS accept those applications again?
3. What is the time period they give for a response in a situation like mine?
4. What is the ramification of a application submission at a later date than that of the main application to USICS.
Thanks...
Hi All,
I got an update from my companies lawyer that my daughters application was returned as the cheque was not signed...I have a couple of questions to authenticate what she told me...
1. Could some one let me know what happens when 485 or any application is sent back. Do they send a notice why they sent it back?
2. Would USICS accept those applications again?
3. What is the time period they give for a response in a situation like mine?
4. What is the ramification of a application submission at a later date than that of the main application to USICS.
Thanks...
more...
gcseeker2002
04-09 05:35 PM
Good luck, atleast you are in EB2
roseball
03-08 09:21 AM
looks like employer failed to file updated LCA,i am not sure if an updated lca WILL HELP.
Since its not the beneficiary's mistake, your brother could either try to apply for a H1 through a new employer (preferred) or could try to apply for H1 again with the existing employer and then have her wife attend H4 interview again once its approved. Chances are that your brother might get the H1 approval without an attached I-94 so he will have to attend a H1 visa interview in the home country before starting work again. So they might end up attending H1/H4 interviews together.
Since its not the beneficiary's mistake, your brother could either try to apply for a H1 through a new employer (preferred) or could try to apply for H1 again with the existing employer and then have her wife attend H4 interview again once its approved. Chances are that your brother might get the H1 approval without an attached I-94 so he will have to attend a H1 visa interview in the home country before starting work again. So they might end up attending H1/H4 interviews together.
more...
surabhi
07-15 12:52 PM
I have used AC21 to change jobs
I have a closing statement from my previous employer mentioning the exercisable options.
Here it goes:
Exercisable Options
Price $30
grant date 1/10/2007
Shares exercisable 400
total price =12000
Last date to exercise
7/20/2008
However the market share value for the company now is 26.00
now my question is if I were to exercise before the last date will I be getting the total amount of $12000 or 26 x 400 = $10400 or the difference between the share values which is infact negative or nothing?
I find it difficult understand this financial terms. I dont understand clearly the term 'Exercisable options' Is there a hidden treasure am going to get?????
You will want to exercise your option only if the stock price on the date of sale > strike price (30$).
Whenever you sell, any amount > 30$ is your money, else the options are under water and useless
I have a closing statement from my previous employer mentioning the exercisable options.
Here it goes:
Exercisable Options
Price $30
grant date 1/10/2007
Shares exercisable 400
total price =12000
Last date to exercise
7/20/2008
However the market share value for the company now is 26.00
now my question is if I were to exercise before the last date will I be getting the total amount of $12000 or 26 x 400 = $10400 or the difference between the share values which is infact negative or nothing?
I find it difficult understand this financial terms. I dont understand clearly the term 'Exercisable options' Is there a hidden treasure am going to get?????
You will want to exercise your option only if the stock price on the date of sale > strike price (30$).
Whenever you sell, any amount > 30$ is your money, else the options are under water and useless
stillhowlong
01-17 02:57 PM
Yes Interfiling is just for that, no matter how the labor cert was used, when that EB3 I140 was approved it was all valid. Now you are only porting the PD from that approved EB3 I140.
If you are to file I485, have your attorney write up a letter explaining how you are eligible for filing I-485 based on interfiling your EB2 I-140. Also the letter need to be in bright colored sheet to differentiate from other B/W docs and application.
Now a days USCIS automatically approves I-485 based on the earlier PD. Since in your case you don't have a I-485 you are not being benefited by it. I have read in IV that people getting GC based on their previous EB3 I-140 PD(with PD being current), if they happen to have another EB2 I-140.
Good luck
Raj:)
Thanks RaviENK. Let me put my exact case details here. I have EB3 I140 approved with my current employer with the priority date March 2005. For some reason we did not file the I485. Now I am looking for the new employer who can file my labor and I140 in EB2 category while I am still working for the current employer. Once the EB2 I140 is approved, I can switch to my new employer. My question is as follows
1. If for some reason, the porting was not done from eb3 to eb2 and new I140 is approved, will I be able to file I485 with the new employer?
Thanks
SHL
If you are to file I485, have your attorney write up a letter explaining how you are eligible for filing I-485 based on interfiling your EB2 I-140. Also the letter need to be in bright colored sheet to differentiate from other B/W docs and application.
Now a days USCIS automatically approves I-485 based on the earlier PD. Since in your case you don't have a I-485 you are not being benefited by it. I have read in IV that people getting GC based on their previous EB3 I-140 PD(with PD being current), if they happen to have another EB2 I-140.
Good luck
Raj:)
Thanks RaviENK. Let me put my exact case details here. I have EB3 I140 approved with my current employer with the priority date March 2005. For some reason we did not file the I485. Now I am looking for the new employer who can file my labor and I140 in EB2 category while I am still working for the current employer. Once the EB2 I140 is approved, I can switch to my new employer. My question is as follows
1. If for some reason, the porting was not done from eb3 to eb2 and new I140 is approved, will I be able to file I485 with the new employer?
Thanks
SHL
more...
hopefulgc
07-15 01:54 PM
your options will mostly expire worthless and should entail no action on your part..
I have used AC21 to change jobs
I have a closing statement from my previous employer mentioning the exercisable options.
Here it goes:
Exercisable Options
Price $30
grant date 1/10/2007
Shares exercisable 400
total price =12000
Last date to exercise
7/20/2008
However the market share value for the company now is 26.00
now my question is if I were to exercise before the last date will I be getting the total amount of $12000 or 26 x 400 = $10400 or the difference between the share values which is infact negative or nothing?
I find it difficult understand this financial terms. I dont understand clearly the term 'Exercisable options' Is there a hidden treasure am going to get?????
I have used AC21 to change jobs
I have a closing statement from my previous employer mentioning the exercisable options.
Here it goes:
Exercisable Options
Price $30
grant date 1/10/2007
Shares exercisable 400
total price =12000
Last date to exercise
7/20/2008
However the market share value for the company now is 26.00
now my question is if I were to exercise before the last date will I be getting the total amount of $12000 or 26 x 400 = $10400 or the difference between the share values which is infact negative or nothing?
I find it difficult understand this financial terms. I dont understand clearly the term 'Exercisable options' Is there a hidden treasure am going to get?????
Cherry2006
06-27 01:11 AM
Hi,
I have been out of client project after May 15th 2009. I work for a major Consulting company and have been on Bench since then. Got laid off on June 22nd 2009 due to lack of work in these tough times. For the past 5 weeks, I have tried to find a project through various job sites and could not succeed to get even one client interview due to various reasons. One major reason being Billing Rate, which was not fine with my previous employer.
I am aware that my current stay is not legal anymore and have to wind up things here and leave US at the earliest. I would be getting my last paycheck till this week(June 26th 2009).
Not sure how much more time it will take for me to get a job. Can anyone advise how long can I stay here to find a project/job(if lucky to get one soon) and be able to transfer my H1 without any issues.
Please advise as I am in dilemma to stay in USA and try for 1 more month or go back to India at the earliest to find a job there, though the situation is bad there too.
I have been out of client project after May 15th 2009. I work for a major Consulting company and have been on Bench since then. Got laid off on June 22nd 2009 due to lack of work in these tough times. For the past 5 weeks, I have tried to find a project through various job sites and could not succeed to get even one client interview due to various reasons. One major reason being Billing Rate, which was not fine with my previous employer.
I am aware that my current stay is not legal anymore and have to wind up things here and leave US at the earliest. I would be getting my last paycheck till this week(June 26th 2009).
Not sure how much more time it will take for me to get a job. Can anyone advise how long can I stay here to find a project/job(if lucky to get one soon) and be able to transfer my H1 without any issues.
Please advise as I am in dilemma to stay in USA and try for 1 more month or go back to India at the earliest to find a job there, though the situation is bad there too.
more...
lonedesi
01-15 04:08 PM
I am in the same boat. They are taking way too long to process H1-B extensions.
Its the same with I-140 too. My application has been pending at VSC for 7 months now and no signs of it being transferred to TSC or NSC for processing or if it will be processed at VSC itself. There is no sign of PP starting anytime soon either. It is such a painful situation to be in. Would it be of any help, if we can contact the USCIS Ombudsman???
Its the same with I-140 too. My application has been pending at VSC for 7 months now and no signs of it being transferred to TSC or NSC for processing or if it will be processed at VSC itself. There is no sign of PP starting anytime soon either. It is such a painful situation to be in. Would it be of any help, if we can contact the USCIS Ombudsman???
mhkumar
07-22 10:03 AM
If the I-140 has been approved, you are entitled to use the PD on any subsequent I-140 unless it is revoked based on fraud or misrepresentation.
The best document to have is a copy of the I-140 approval notice. You are legally entitled to have a copy of this document, and can obtain it by making a Freedom of Information Act (FOIA) request to USCIS using Form G-639. USCIS provides detailed instructions at: USCIS - Freedom of Information and Privacy Act (FOIA) (http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextchannel=34139c7755cb9010VgnVCM10000045f3d6a 1RCRD&vgnextoid=34139c7755cb9010VgnVCM10000045f3d6a1RCRD )
In my experience, it can take anywhere from 2 months to 18 months for USCIS to act on a FOIA request and provide copies.
Hope this helps.
Thanks for your advice.
Form g-639 has 3 request types
1)Freedom of Information Act (FOIA)
2)Privacy Act (PA)
3)Amendment of Record (PA only)
Which option I should choose (I guess (1) but want to confirm)?
Also do I need to answer question 6 and send a copy of my identity along with g-639?
The best document to have is a copy of the I-140 approval notice. You are legally entitled to have a copy of this document, and can obtain it by making a Freedom of Information Act (FOIA) request to USCIS using Form G-639. USCIS provides detailed instructions at: USCIS - Freedom of Information and Privacy Act (FOIA) (http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextchannel=34139c7755cb9010VgnVCM10000045f3d6a 1RCRD&vgnextoid=34139c7755cb9010VgnVCM10000045f3d6a1RCRD )
In my experience, it can take anywhere from 2 months to 18 months for USCIS to act on a FOIA request and provide copies.
Hope this helps.
Thanks for your advice.
Form g-639 has 3 request types
1)Freedom of Information Act (FOIA)
2)Privacy Act (PA)
3)Amendment of Record (PA only)
Which option I should choose (I guess (1) but want to confirm)?
Also do I need to answer question 6 and send a copy of my identity along with g-639?
vallabhu
12-20 11:13 AM
Does she have valid visa stamped on passport for the day she is landing in US?
ThinkTwice
09-12 02:18 PM
Real Life :
A friend of mine who went to India's premier institution - IIT in India and then to IIM worked for one of the fortune 100 companies here in the US.
He got married and decided to move to UK because his equally qualified spouse being on a dependent Visa could not work due to the obsolete rules.
Both husband and wife are well on thier way to permanent residency in UK.
A friend of mine who went to India's premier institution - IIT in India and then to IIM worked for one of the fortune 100 companies here in the US.
He got married and decided to move to UK because his equally qualified spouse being on a dependent Visa could not work due to the obsolete rules.
Both husband and wife are well on thier way to permanent residency in UK.
DSLStart
10-02 11:43 AM
sorry to hear your wife's bitter visa experience. But you should have researched in this web site and other web sites like immigrationportal.com for people's experience at Canadian US consulates, most of them have stressed the fact that, if its a first time H1 stamping without education in US, avoid going to any third country for stamping. Very less chance of getting approved. Even on web site of US consulates in Canada it is clearly mentioned.
But anyway the 3rd option you mentioned may be wisest to avoid long term uncertain stay in canada.
My wife went to Vancouver consulate this morning for her H1 B Visa stamping (She is currently on a H4 visa). This is her first H1 Stamping and since we both are Permenant Residents of Canada she opted to attend the Interview in Vancouver Consulate.
The Visa Officer who interviewed her was very rude to her and said he had to do her Education Degree Verification and put the case in Pending and gave her the Standard 221g letter (without circling any detials they need) but in the Other section he wrote as PPT (not sure what PPT means?). Also the moment she attended the interview he Cancelled her H4 Visa as "Cancelled without Prejudice" and he took her application forms and her I -797 and gave her the passport back and said the consulate will notify her in email about the update.He said he wanted to verify her education degrees in India and said she will have to stay there till the verification is done. The only lucky thing for us is we have PR to canada so the stay in canada is not a problem. Currently she cannot come back to US as her H4 is cancelled and will have to stay there till they reach the decision. Has anyone encountered a similar issue before and
1. Usually how long does it take for the education Verification to be done (atleast approximately so that we can prepare for that)
2. He has not even seen her Educational Documents and not taken them as well(All he took was the application forms and the I-797). So how do they verify the Education Degree in India(do they have to dig into the docs that she has sent when applying for H1B??). We do not have any problem in Education verification as everything is Real and Authentic
3. Also since her I-797 is with the Visa officer can she go and ask that she wants to take her interview back in India and request for the I-797 back?
4. If they deny her H1 B visa can she re-apply for H4 again or would this be a issue as well?
Unfortunately this was a very bad experience for her and to top that the Visa Officer being rude to her really didn't her a chance to ask to more details:(
I am sorry if this post is redundant but your inputs and suggestions are greatly appreciated in this urgent matter. Please help!!!
But anyway the 3rd option you mentioned may be wisest to avoid long term uncertain stay in canada.
My wife went to Vancouver consulate this morning for her H1 B Visa stamping (She is currently on a H4 visa). This is her first H1 Stamping and since we both are Permenant Residents of Canada she opted to attend the Interview in Vancouver Consulate.
The Visa Officer who interviewed her was very rude to her and said he had to do her Education Degree Verification and put the case in Pending and gave her the Standard 221g letter (without circling any detials they need) but in the Other section he wrote as PPT (not sure what PPT means?). Also the moment she attended the interview he Cancelled her H4 Visa as "Cancelled without Prejudice" and he took her application forms and her I -797 and gave her the passport back and said the consulate will notify her in email about the update.He said he wanted to verify her education degrees in India and said she will have to stay there till the verification is done. The only lucky thing for us is we have PR to canada so the stay in canada is not a problem. Currently she cannot come back to US as her H4 is cancelled and will have to stay there till they reach the decision. Has anyone encountered a similar issue before and
1. Usually how long does it take for the education Verification to be done (atleast approximately so that we can prepare for that)
2. He has not even seen her Educational Documents and not taken them as well(All he took was the application forms and the I-797). So how do they verify the Education Degree in India(do they have to dig into the docs that she has sent when applying for H1B??). We do not have any problem in Education verification as everything is Real and Authentic
3. Also since her I-797 is with the Visa officer can she go and ask that she wants to take her interview back in India and request for the I-797 back?
4. If they deny her H1 B visa can she re-apply for H4 again or would this be a issue as well?
Unfortunately this was a very bad experience for her and to top that the Visa Officer being rude to her really didn't her a chance to ask to more details:(
I am sorry if this post is redundant but your inputs and suggestions are greatly appreciated in this urgent matter. Please help!!!