manderson
10-30 09:58 AM
stylepoet, I am no lawyer but I still think you can totally resolve this thing with a very good immigration lawyer instead of lobbying for a law change. If you wait around for legislative changes you may wind up waiting forever. Look at us. A multi-million dollar lobby like Compete America (which represent Fortune 500s like Microsoft, Google, Oracle, etc.) have been working towards some of the same goals we have been trying to achieve for the last 4-5 years, and either of us can hardly get anything done in Congress.
Compared to the legal limbo we are in, your case really isn't that difficult. I am not trying to condescend you or anything but you my friend need to get a better lawyer if your current one is telling you that your case it stuck. It isn't! There are a lot of things you can do to manage your transition from E2 to EB5.
One of the things you can do is convert your college-going daughter's status to F-1 (by getting a I-20) perhaps temporarily while you sell your business and apply for EB5. I know someone who was already in the US in May/June but his H1 didn't start till Oct and he didn't want to leave and re-enter becoz of embassy hassles back in his home country, so he applied for a Master's from a university and got an I-20 pretty quickly which helped him bridge the gap between June and Oct (he had to study full-time ofcourse to maintain status during that bridge-time). Another way to avoid missing school, is to do this over next summer when both of your daughters will be off for summer break...
Once your kids turn 21 they will age out anyway. Meaning they will have to pursue their own green cards. So if you want them to get their green cards as your dependants you really need to move now. Take it from us. You really don't want to wait around for law changes!!
:)
Thanks for your input, Manderson. My family has been here for four years. We have two sons in England, one of whom is going through the E2 application process, and two daughters, one at University and one in high school. We would all like to stay permanently, but in order to raise the money for EB5, we would have to sell our business and that would put us in breach of our visa conditions.
The half-centrury old E2 laws need to be updated to reflect the valuable economic input of investors. It is unrealistic to expect people to come here, settle their families and run successful businesses for a few years and then go home. Most decide they would like to stay but have no path to GC.
We can't just leave the country and start again because of our daughters' education. Feels like catch 22, but I believe reform is the way forward.
Compared to the legal limbo we are in, your case really isn't that difficult. I am not trying to condescend you or anything but you my friend need to get a better lawyer if your current one is telling you that your case it stuck. It isn't! There are a lot of things you can do to manage your transition from E2 to EB5.
One of the things you can do is convert your college-going daughter's status to F-1 (by getting a I-20) perhaps temporarily while you sell your business and apply for EB5. I know someone who was already in the US in May/June but his H1 didn't start till Oct and he didn't want to leave and re-enter becoz of embassy hassles back in his home country, so he applied for a Master's from a university and got an I-20 pretty quickly which helped him bridge the gap between June and Oct (he had to study full-time ofcourse to maintain status during that bridge-time). Another way to avoid missing school, is to do this over next summer when both of your daughters will be off for summer break...
Once your kids turn 21 they will age out anyway. Meaning they will have to pursue their own green cards. So if you want them to get their green cards as your dependants you really need to move now. Take it from us. You really don't want to wait around for law changes!!
:)
Thanks for your input, Manderson. My family has been here for four years. We have two sons in England, one of whom is going through the E2 application process, and two daughters, one at University and one in high school. We would all like to stay permanently, but in order to raise the money for EB5, we would have to sell our business and that would put us in breach of our visa conditions.
The half-centrury old E2 laws need to be updated to reflect the valuable economic input of investors. It is unrealistic to expect people to come here, settle their families and run successful businesses for a few years and then go home. Most decide they would like to stay but have no path to GC.
We can't just leave the country and start again because of our daughters' education. Feels like catch 22, but I believe reform is the way forward.
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07-22 03:14 AM
Quoting the AC21 memo:
"Adjudicators SHOULD NOT PRESUME ABSENCE OF SUCH INTENT and may take the I-140 and supporting documents themselves as prima facie evidence of such intent, but in appropriate cases additional evidence or investigation may be appropriate."
So, per the memorandum, you MAY be in trouble ONLY if the adjudicating officer decides something is fishy. And the officer is to treat the I-140 and supporting docs (based on which your I-140 was already approved) as prima facie evidence of intent. So why are you worried? Has your I-140 been withdrawn by old employer?
It is not withdrawn. I-140 was approved in April, 9 months after I-140/485 were filed. However the old employer would withdraw it if he knows. Most US employers don't have too much a clue of GC. He'd love to see me getting into trouble.
"Adjudicators SHOULD NOT PRESUME ABSENCE OF SUCH INTENT and may take the I-140 and supporting documents themselves as prima facie evidence of such intent, but in appropriate cases additional evidence or investigation may be appropriate."
So, per the memorandum, you MAY be in trouble ONLY if the adjudicating officer decides something is fishy. And the officer is to treat the I-140 and supporting docs (based on which your I-140 was already approved) as prima facie evidence of intent. So why are you worried? Has your I-140 been withdrawn by old employer?
It is not withdrawn. I-140 was approved in April, 9 months after I-140/485 were filed. However the old employer would withdraw it if he knows. Most US employers don't have too much a clue of GC. He'd love to see me getting into trouble.
vin13
09-30 03:24 PM
i called today and asked USCIS...they dont have information about it.
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ssterian01
07-02 12:18 PM
Hi All,
I have I485 pending,
EB3 NON-India or China ,
EAD ,
wife on H4 , not added on 485 (married after filed I485)
If my wife is on H4 visa and I am forced to change employers on EAD, does anyone know if:
1. The process is smooth for language training if I am the sponsor and the school is accredited
2. When my 485 is eventually approved (god knows when !?) can I add her without any problems from F1 to my application, as it wold have been from H4?
Thanks everyone for any piece of information
I have I485 pending,
EB3 NON-India or China ,
EAD ,
wife on H4 , not added on 485 (married after filed I485)
If my wife is on H4 visa and I am forced to change employers on EAD, does anyone know if:
1. The process is smooth for language training if I am the sponsor and the school is accredited
2. When my 485 is eventually approved (god knows when !?) can I add her without any problems from F1 to my application, as it wold have been from H4?
Thanks everyone for any piece of information
more...
skynet2500
07-09 12:35 PM
DOS issued one more bulletine today on 9th July 2007 !!!!!!!!!!!!!
Please post the link. What is new anyways in this?
Please post the link. What is new anyways in this?
caforum2
06-18 04:33 PM
Yes It applies to new employer as well.
Here is my timeline
on h1 to US in 2001
filed labor in 2003 approved
Filed i 140 and i485 in 12/2003
Changed job to another employer on 05/2005 using EAD
got married, couldn't file for wife's GC
Applied for h1 through new employer in 2006
Premium processing of H1 approved in 15 days. Got wife here on H4
approved for 3 years for using I 140
PD current as of June 2006, filed for wife's GC who came here on H4
EAD can be canceled anytime by USCIS if underlying petetion i 485 is rejected. Also, if you change job before 180 days and your I 140 is not approved, old employer can withdraw it. Its kind of risky to do AC21 before 180 days from i485 RD.
Here is my timeline
on h1 to US in 2001
filed labor in 2003 approved
Filed i 140 and i485 in 12/2003
Changed job to another employer on 05/2005 using EAD
got married, couldn't file for wife's GC
Applied for h1 through new employer in 2006
Premium processing of H1 approved in 15 days. Got wife here on H4
approved for 3 years for using I 140
PD current as of June 2006, filed for wife's GC who came here on H4
EAD can be canceled anytime by USCIS if underlying petetion i 485 is rejected. Also, if you change job before 180 days and your I 140 is not approved, old employer can withdraw it. Its kind of risky to do AC21 before 180 days from i485 RD.
more...
saajed
11-16 02:36 PM
if you file AOS (I-485) then only you will get EAD/AP benefits, but to file I-485 you need to stay in visa like H1B/H4. if you are H1B visa holder, you will eligible to file for it as prinicipal applicant but inorder for your spouse/dependents to qualify as dependent, she has to be in dependent visa (H4) at filing time, so F1 holder is considered as student not as dependent so they are not eligible to file.
Disclaimer: use it at your own risk, i'm not an immigration attroney, so please consult one for your situations as laws/procedures are changing often.
I have heard that it doesnt matter if your spouse is on F1 or H1. If one applicant files for I-485, his spouse will be included in the application never the less.
Disclaimer: use it at your own risk, i'm not an immigration attroney, so please consult one for your situations as laws/procedures are changing often.
I have heard that it doesnt matter if your spouse is on F1 or H1. If one applicant files for I-485, his spouse will be included in the application never the less.
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god_bless_you
04-24 06:07 PM
THANK YOU ALL :)
Your day too will come soon when it is decided to come..
God bless you, ALL
Your day too will come soon when it is decided to come..
God bless you, ALL
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El Hacko
June 17th, 2006, 12:58 AM
Great concert shots Antonio. The exposure levels and color balance/saturation are perfecto! Bravo!
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nb_des
09-21 01:51 PM
I agree something that does not increase total visa numbers can only pass this year.
more...
cagedcactus
07-27 11:08 AM
Can some one please confirm. I hope I am not confusing everyone here. I am filing my I 140 now, I want to be sure that this is safe.....
thanks for the kind replies...
thanks for the kind replies...
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dixie
07-03 10:18 AM
Can a Canadian Citizen work in the USA without a visa ? How easy is that ?
NOPE. Canadian citizen can visit the USA without a visa.But to work, you need either a TN visa or plain old H1-B and go through the whole EB drama as usual.
NOPE. Canadian citizen can visit the USA without a visa.But to work, you need either a TN visa or plain old H1-B and go through the whole EB drama as usual.
more...
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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.
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rjgleason
October 23rd, 2005, 04:39 AM
Count me in.....I lived for a couple of years in Walnut Creek and commuted to SFO (California Street) It would be great to meet our West Coast'ers
more...
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GCFISH
08-31 11:31 AM
taking it back....don't want to debate, assuming you all know the fact.
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amitga
04-15 02:54 PM
There are mainly three things that happen after FP
Wait
More Wait
Endless Wait
Wait
More Wait
Endless Wait
more...
makeup Lord Krishna
sgorla
02-19 12:10 PM
I dont believe that EB2 labor takes more time to approve than that of EB3. My labor was approved in EB2 category in less than a week.
Yes it really IS impossible to determine which will move quicker.
and Also true that EB2 is NOT DETERMINED by EMPLOYEE's skill set.
EB2 is Determined by the nature of the job and if a master's IS TRULY required. If not your application will face an audit and you will have to re-apply under Eb3 all over again (meaning re-run the ads etc and wait for that extra month). Also Eb2 PERM Approvals on average take MUCH longer than eb3 even without any audit.
Yes it really IS impossible to determine which will move quicker.
and Also true that EB2 is NOT DETERMINED by EMPLOYEE's skill set.
EB2 is Determined by the nature of the job and if a master's IS TRULY required. If not your application will face an audit and you will have to re-apply under Eb3 all over again (meaning re-run the ads etc and wait for that extra month). Also Eb2 PERM Approvals on average take MUCH longer than eb3 even without any audit.
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uskiwi
05-19 11:28 AM
Can you then apply for the new H1B durng the 12 month stand down period or you have to wiat the 12 months before applying for one?
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larmani
10-05 02:41 PM
I am also in the same situation. But not sure about H1 transfer. I posted all the questions to our lawyer and waiting for reply.
jliechty
August 14th, 2006, 11:40 AM
I'm sorry to react so strongly, also... It's important to remember that being there with the right light at the right time is what matters. Even if you've just got a drebel with the 18-55 or a d?0 with the 18-70, using the lenses at their strong points will make nice 11x14's or maybe even 16x20's depending on your taste for putting nose grease on your prints. ;)
shantanup
10-15 11:17 AM
I renewed mine 3 months ago. Texas is a LIBERAL state after all.
Can anybody list the states that check immigration status to renew / issue a driver's license?
Can anybody list the states that check immigration status to renew / issue a driver's license?
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