akr_roy
09-09 06:57 PM
Withiin 2 hours of posting this message, late in the night we have got 8 people contributing $100 each. Thanks for the spirit. I am sure with everyone's help we will reach our target sooner and can easily commit our resources for the rally.
Ok,
I just made a $200 Google contribution. Thanks core for the effort. I am sure at this rate, it will become a mass movement!!
regards
arghya
Ok,
I just made a $200 Google contribution. Thanks core for the effort. I am sure at this rate, it will become a mass movement!!
regards
arghya
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needhelp!
03-12 03:16 PM
We cannot expect core members to be online all the time, and we cannot expect to see lobbying related information unless a bill actually comes out. I think what we CAN do is keep the average members like me who want to do something, engaged with things that are within reach.
FOIA campaign was a great example of this.
However, I am very sad to report that only 3 other members from Texas Chapter participated. With such level of participation, I am not even sure that such campaigns are meaningful. Lobbying seems the best option, where we can pay and then be lazy the rest of the time, but the drawback is that updates will be once in 6 months or a year depending on when bill is being introduced.
With all due respect to the selfless hard work of IV core, I concur with ItIsNotFunny. There are many members who feel this way. IV core should be more open to members. I feel a cloud of secrecy always surrounding IV. Of course they cannot be public about all their activities, but more needs to be done on this front. You will see more members actively participating if core is more open.
FOIA campaign was a great example of this.
However, I am very sad to report that only 3 other members from Texas Chapter participated. With such level of participation, I am not even sure that such campaigns are meaningful. Lobbying seems the best option, where we can pay and then be lazy the rest of the time, but the drawback is that updates will be once in 6 months or a year depending on when bill is being introduced.
With all due respect to the selfless hard work of IV core, I concur with ItIsNotFunny. There are many members who feel this way. IV core should be more open to members. I feel a cloud of secrecy always surrounding IV. Of course they cannot be public about all their activities, but more needs to be done on this front. You will see more members actively participating if core is more open.
tapukakababa
03-10 01:33 PM
I have some questions?
1. Can you work for your wife and also get paid in check? or I will have to go for cash payment?
2. Can I have a second job in my wife's company and retain the original job?
3. Can I have a different occupation in my wife's company which is totally not related to my original job role? and then can I get paid in check or cash?
4. Can I work for my wife's company and instead of me my wife gets the check? Is that legal?
Thanks.
For all those who have sent PM.... Please note I am not an attorney or accountant... But then I had consulted my account and few attorney's ( paid the required fees to get them answered)... So please use your own judgement/caution.
1. Yes you can open a LLC singly or jointly with your wife/friend/anyone.
2. You can start the LLC even when you are on H1B but it is better that you wait till you get your EAD to get oprationalized. reason very very conservative view is that you cannot even write a check for your company or deposit a check... but this is a very conservative view....
3. To open a LLC you can use an accountant ( if you have one, it will be cheaper by a couple of hundred dollars) or use agencies like www.legalzoom.com/legalzip/LLCs/llc_procedure.html .... I have used both in the past....
4. Intially you can just form LLC as single or joint partnership and then elect as S corporations for taxing.... I forget within which period it is to be done, if I correctly remember when you file your first tax return or within 6 months you need to elect as filing as single person entity( then it becomes like your personal income) or you could elect as S corp....
5. You will a tax id for the LLC, business license and other documents when you form a LLC, You will need to maintain book and tax records for 3 years... best to have it managed by an accountant
6. You/ your spouse can work for your LLC.... Some of you if you want to after 180 days change employers can move into your LLC and maintain that you are employed in same occupational duties for your own LLC...
Hope I have been able to answer your questions....:cool:
1. Can you work for your wife and also get paid in check? or I will have to go for cash payment?
2. Can I have a second job in my wife's company and retain the original job?
3. Can I have a different occupation in my wife's company which is totally not related to my original job role? and then can I get paid in check or cash?
4. Can I work for my wife's company and instead of me my wife gets the check? Is that legal?
Thanks.
For all those who have sent PM.... Please note I am not an attorney or accountant... But then I had consulted my account and few attorney's ( paid the required fees to get them answered)... So please use your own judgement/caution.
1. Yes you can open a LLC singly or jointly with your wife/friend/anyone.
2. You can start the LLC even when you are on H1B but it is better that you wait till you get your EAD to get oprationalized. reason very very conservative view is that you cannot even write a check for your company or deposit a check... but this is a very conservative view....
3. To open a LLC you can use an accountant ( if you have one, it will be cheaper by a couple of hundred dollars) or use agencies like www.legalzoom.com/legalzip/LLCs/llc_procedure.html .... I have used both in the past....
4. Intially you can just form LLC as single or joint partnership and then elect as S corporations for taxing.... I forget within which period it is to be done, if I correctly remember when you file your first tax return or within 6 months you need to elect as filing as single person entity( then it becomes like your personal income) or you could elect as S corp....
5. You will a tax id for the LLC, business license and other documents when you form a LLC, You will need to maintain book and tax records for 3 years... best to have it managed by an accountant
6. You/ your spouse can work for your LLC.... Some of you if you want to after 180 days change employers can move into your LLC and maintain that you are employed in same occupational duties for your own LLC...
Hope I have been able to answer your questions....:cool:
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greyhair
08-12 11:19 AM
Why is the senator backtracking from "chop shop" comment ? Here is why
Visa row: US keen not to hurt ties with India before Obama visit - US - World - The Times of India (http://timesofindia.indiatimes.com/world/us/Visa-row-US-keen-not-to-hurt-ties-with-India-before-Obama-visit/articleshow/6298482.cms)
One more thing, if you read the comments, he is not back tracking. If I were him, I wouldn't either. Sen. Schumer is saying, btw, if I offended anyone, then its not chop-shop, its body shop, take that? He is ridiculing those who thought they cornered him.
Visa row: US keen not to hurt ties with India before Obama visit - US - World - The Times of India (http://timesofindia.indiatimes.com/world/us/Visa-row-US-keen-not-to-hurt-ties-with-India-before-Obama-visit/articleshow/6298482.cms)
One more thing, if you read the comments, he is not back tracking. If I were him, I wouldn't either. Sen. Schumer is saying, btw, if I offended anyone, then its not chop-shop, its body shop, take that? He is ridiculing those who thought they cornered him.
more...
grimreaper
12-08 07:52 AM
My Wife's H1B is expiring in 30 days. We had filed for extension 15 days back and are waiting under regular processing. I contacted local DMV employee( whom I know personally) and he contacted their legal dept in Sacramento to see if we can extend DL based on extension recipt and the answer has come back that we cannot!
Anyone recently extended their DL based on extension notice in CA? If so which DMV is advisable in the bay area? Thanks
Anyone recently extended their DL based on extension notice in CA? If so which DMV is advisable in the bay area? Thanks
apb
03-06 05:16 PM
Few observations based on thread postings
1) Last year around this same time not many RFE/LUD were seen.
2) Most of these cases with RFE/LUD are either EB2 around 2005-2006 or EB3 2003-2004
3) My Lawyer based out of IL confirming RFEs are in high volume and majority of these are Employment verification with Birth verification and Health letter verification as close second.
Now given the gov attitude and the current scenario it does not seem that they would be interested in pre-adjudication. There is something else that is going on. On the same note I am also seeing that people with dates which could possibly be current anytime this year are not seeing any LUD/RFE. If pre-adjudicating is the objective than these cases should have received the RFEs first.
Just my observation. Any input is appreciated.
1) Last year around this same time not many RFE/LUD were seen.
2) Most of these cases with RFE/LUD are either EB2 around 2005-2006 or EB3 2003-2004
3) My Lawyer based out of IL confirming RFEs are in high volume and majority of these are Employment verification with Birth verification and Health letter verification as close second.
Now given the gov attitude and the current scenario it does not seem that they would be interested in pre-adjudication. There is something else that is going on. On the same note I am also seeing that people with dates which could possibly be current anytime this year are not seeing any LUD/RFE. If pre-adjudicating is the objective than these cases should have received the RFEs first.
Just my observation. Any input is appreciated.
more...
bayarea07
03-17 10:04 PM
Well,If you think that it was a cheap attempt, then i belive you need tutoring in english first, i would have appreciated if you would have read the full documents first, if you are not in the same boat as others doesnot means that others are not, there are still many H1 holders whose spouse doesnot have a SSN and only ITIN, and i am not over or below quoting the statement made by IRS.
Please think twice before issuing any statements.
P.S- Thanks for Pointing that Title of a Thread is for writing autobiographies, I will keep that in mind,when you are around. :-)
A very cheap attempt at sensationalism, if that's what your intention was. But if you really are clueless about this issue, then here are the facts:
There are several thousands of H-1Bs and GC aspirants who have SSNs for themselves and their spouses. This stimulus package will give rebates to these thousands so long as their AGI allows for it. Also, all H-1Bs are eligible for their rebate since they would have SSNs. It is only when their non-working spouse (H-4) does not have a SSN that the H-1B holder becomes ineligible.
Thus, the title of your thread is misleading. Change the title to "No Stimulus Package to H-1Bs whose spouses do not have SSNs". And again, this is not targetting H-1Bs or GC aspirants. Any US resident without a SSN is ineligible for the stimulus package.
Regards,
Jayant
Please think twice before issuing any statements.
P.S- Thanks for Pointing that Title of a Thread is for writing autobiographies, I will keep that in mind,when you are around. :-)
A very cheap attempt at sensationalism, if that's what your intention was. But if you really are clueless about this issue, then here are the facts:
There are several thousands of H-1Bs and GC aspirants who have SSNs for themselves and their spouses. This stimulus package will give rebates to these thousands so long as their AGI allows for it. Also, all H-1Bs are eligible for their rebate since they would have SSNs. It is only when their non-working spouse (H-4) does not have a SSN that the H-1B holder becomes ineligible.
Thus, the title of your thread is misleading. Change the title to "No Stimulus Package to H-1Bs whose spouses do not have SSNs". And again, this is not targetting H-1Bs or GC aspirants. Any US resident without a SSN is ineligible for the stimulus package.
Regards,
Jayant
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man-woman-and-gc
06-11 02:18 PM
I agree GC makes a difference. If anyone as EAD thats as good as GC subject to your primany job not changing. So why not do side -business on EAD while your primary job is ON. Take it easy at job, dont overwork because without GC rarely people get promoted, if they are not extra-ordinary!
Going to XYZ place because of no GC does not make sense. If you have potential you can use it here on EAD not necessarily in another country!
If u take it easy at ur job in today's date..u may get fired and lose ur side business as well. Remember, your primary job is the reason why u have the EAD and and are able to setup a side business. The Primary job according to me will always need to get its due importance.
There is no question that GC makes a difference in life. However, its upto each one of us how much importance we give to it. My personal opinion, I will keep fighting for it and contribute to the fight against the broken process whenever I can..but I will not stop my life because of GC, example, buy a house, travel around, give my wife an opportunity to excel in her job (since i cannot take promotions until GC).....all these are difficult without GC, but not impossible.
Everyone will and should have their own way of dealing with the situation we have...
Going to XYZ place because of no GC does not make sense. If you have potential you can use it here on EAD not necessarily in another country!
If u take it easy at ur job in today's date..u may get fired and lose ur side business as well. Remember, your primary job is the reason why u have the EAD and and are able to setup a side business. The Primary job according to me will always need to get its due importance.
There is no question that GC makes a difference in life. However, its upto each one of us how much importance we give to it. My personal opinion, I will keep fighting for it and contribute to the fight against the broken process whenever I can..but I will not stop my life because of GC, example, buy a house, travel around, give my wife an opportunity to excel in her job (since i cannot take promotions until GC).....all these are difficult without GC, but not impossible.
Everyone will and should have their own way of dealing with the situation we have...
more...
eb3_nepa
07-14 03:14 PM
Just dropped a check for $5. I hope all of the remaining members do the same.
Mailing a check is just as good as a bill pay.
For those who are unaware as to what the "Bill Pay" option is, basically the Bill pay option is a great way to take advantage of your bank cutting a cheque as opposed to you cutting a cheque. That way you can write cheques without having to:
1) Actually write out a cheque
2) Spend money to post it (and take the extra effort to mail the cheque out).
Keep the contributions flowing.
Mailing a check is just as good as a bill pay.
For those who are unaware as to what the "Bill Pay" option is, basically the Bill pay option is a great way to take advantage of your bank cutting a cheque as opposed to you cutting a cheque. That way you can write cheques without having to:
1) Actually write out a cheque
2) Spend money to post it (and take the extra effort to mail the cheque out).
Keep the contributions flowing.
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anandsubu74
02-12 02:55 PM
EB3/Nov 2003/NJ
Labor Approved Oct 2006
I-140 Approved Dec 2006
I-485 i doubt even if god knows anything about this....
Labor Approved Oct 2006
I-140 Approved Dec 2006
I-485 i doubt even if god knows anything about this....
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canleo98
08-12 01:00 AM
What BEC? BECs were established in March 2005.
BEC= Backlog Elimination Center, theywere for elimination of backlogs for LC's:o
BEC= Backlog Elimination Center, theywere for elimination of backlogs for LC's:o
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diptam
10-08 02:58 PM
mayitbesoon,
Please send the email (something is better than nothing) but you will receive a return email like this after 20-30 days but the message reaches across them by email at least.
I took about 3 weeks for me to convince , going up the ladder in HR Department and finally i got that page signed after 4 weeks - Call , Call again , Follow up, follow up , push , push harder ... you have every right to get that letter and employer will face no trouble issuing it. be Polite , be rough , be mild and startover again on phone to get it
Mr. XXXXXXXXXXXXXXX:
Thank you for your inquiry.
We have submitted your immigration issue into our trends system, which allows us to view systemic problems within USCIS.
Meanwhile, if you are still encountering a problem with your individual case, you may find it helpful to submit a formal case problem request to our office through filing a DHS-7001.
If you choose to submit a case problem request, please submit your case using Form DHS-7001 , CIS Ombudsman Case Problem Submission. This form is attached to this message , and also available on this website: http://www.dhs.gov/xlibrary/assets/cisomb_dhsform7001.pdf. If you submit a case problem on behalf of another individual with a pending USCIS immigration benefit , please obtain the individual’s signature in Section 15: Consent on Form DHS-7001 , CIS Ombudsman Case Problem Submission.
Case problems cannot be submitted through facsimile or email at this time due to confidentiality and Privacy Act issues. Please mail your completed and signed form , with supporting documentation , to the following address:
Via Regular Mail:
Citizenship and Immigration Services Ombudsman Department of Homeland Security
Attention: Case Problems
Mail Stop 1225
Washington, D.C. 20528-1225
Via Courier Service:
Citizenship and Immigration Services Ombudsman Department of Homeland Security
Attention: Case Problems
245 Murray Lane
Mail Stop 1225
Washington, D.C. 20528-1225
Please allow 14 business days for receipt of your form. You will receive confirmation through postal mail of receipt and review of your case problem from CISOMB and USCIS CAO within 45 business days. Please remember that CISOMB cannot provide immigration advice or adjudication. For further information , please consult this website: http://www.dhs.gov/cisombudsman.
Thank you for again for your inquiry.
Sincerely,
CIS Ombudsman
Diptam,
Thanks for the updates.
My husband's I-140 is pending at TSC for an year now and employer is not agreeing to sign on form 7001. Can we send an e-mail to Omburdsman and expect some action to be taken?? does it help?
Please send the email (something is better than nothing) but you will receive a return email like this after 20-30 days but the message reaches across them by email at least.
I took about 3 weeks for me to convince , going up the ladder in HR Department and finally i got that page signed after 4 weeks - Call , Call again , Follow up, follow up , push , push harder ... you have every right to get that letter and employer will face no trouble issuing it. be Polite , be rough , be mild and startover again on phone to get it
Mr. XXXXXXXXXXXXXXX:
Thank you for your inquiry.
We have submitted your immigration issue into our trends system, which allows us to view systemic problems within USCIS.
Meanwhile, if you are still encountering a problem with your individual case, you may find it helpful to submit a formal case problem request to our office through filing a DHS-7001.
If you choose to submit a case problem request, please submit your case using Form DHS-7001 , CIS Ombudsman Case Problem Submission. This form is attached to this message , and also available on this website: http://www.dhs.gov/xlibrary/assets/cisomb_dhsform7001.pdf. If you submit a case problem on behalf of another individual with a pending USCIS immigration benefit , please obtain the individual’s signature in Section 15: Consent on Form DHS-7001 , CIS Ombudsman Case Problem Submission.
Case problems cannot be submitted through facsimile or email at this time due to confidentiality and Privacy Act issues. Please mail your completed and signed form , with supporting documentation , to the following address:
Via Regular Mail:
Citizenship and Immigration Services Ombudsman Department of Homeland Security
Attention: Case Problems
Mail Stop 1225
Washington, D.C. 20528-1225
Via Courier Service:
Citizenship and Immigration Services Ombudsman Department of Homeland Security
Attention: Case Problems
245 Murray Lane
Mail Stop 1225
Washington, D.C. 20528-1225
Please allow 14 business days for receipt of your form. You will receive confirmation through postal mail of receipt and review of your case problem from CISOMB and USCIS CAO within 45 business days. Please remember that CISOMB cannot provide immigration advice or adjudication. For further information , please consult this website: http://www.dhs.gov/cisombudsman.
Thank you for again for your inquiry.
Sincerely,
CIS Ombudsman
Diptam,
Thanks for the updates.
My husband's I-140 is pending at TSC for an year now and employer is not agreeing to sign on form 7001. Can we send an e-mail to Omburdsman and expect some action to be taken?? does it help?
more...
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insbaby
07-06 01:33 AM
oh that's easy stuff - I can do that :p sign me up. I love chicken parmesan at olive garden. There is just one problem. What do you want me to do after my lunch and before my evening flight. That's just waste of too much of my time. :rolleyes:
It is a 3 hour lunch. :rolleyes: :rolleyes: :rolleyes: :rolleyes:
It is a 3 hour lunch. :rolleyes: :rolleyes: :rolleyes: :rolleyes:
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deepimpact
08-23 03:18 PM
My friend, "USA point of view is multinational executives can potentially create jobs", but the reality is the other way round. They are here to to make the transition happen from Onshore to Offshore. I have complete knowledge on how this EB1 thing works , as I was one of them once upon a time before taking up my current job.
I'll stop and leave it here....
The original intention of EB1 (all three categories) was to have exceptional contributors like scientists/researchers/managers, etch to have highest priority in getting GC. Now over time people have found out loop holes as the language of the requirement criteria has a lot of ambiguity. I guess intention of the current memo is to over scrutinize the claims in these applications to ensure that only genuine candidates qualify. Again this is not fool proof and people will find a roundabout. The desparate condition of the EB green card waiting list is causing people to try and move to the higher preferance category either by using correct means or by using loopholes.
I'll stop and leave it here....
The original intention of EB1 (all three categories) was to have exceptional contributors like scientists/researchers/managers, etch to have highest priority in getting GC. Now over time people have found out loop holes as the language of the requirement criteria has a lot of ambiguity. I guess intention of the current memo is to over scrutinize the claims in these applications to ensure that only genuine candidates qualify. Again this is not fool proof and people will find a roundabout. The desparate condition of the EB green card waiting list is causing people to try and move to the higher preferance category either by using correct means or by using loopholes.
more...
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rahulpaper
04-30 11:13 AM
Shouldnt this I485 number include all of following:
Employment based or
Family based or
Anyone in FBI Net (name check) or
Anyone in RFE loops etc
Those numbers can be misleading. USCIS does not count petitions pending under FBI Name Check as backlogged.
Employment based or
Family based or
Anyone in FBI Net (name check) or
Anyone in RFE loops etc
Those numbers can be misleading. USCIS does not count petitions pending under FBI Name Check as backlogged.
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eb3_nepa
06-01 11:28 AM
pretty soon they will start requiring photos from worksite to prove that employee exists and that the company exists and is present in the US. LOL :D (I think this was a requirement for H1B...may still be a requirement):rolleyes:
Just to let u know, during my H1 processing, my H1 was thrown back to my lawyer asking them to send photographs of my workplace and co-workers, server room, my desk. I had to use an entire disposable camera for the same. To make things even funnier, i was not even the First one to be on H1 in my company. We had atleast 7-8 H1's at one point in time. The reason given for a throw back was, that this company seems quite new and small.
I know this is off topic, but since someone has raised this point albeit in jest, i thought i should let people on here know that UCSIS has it's own whims and fancies at times. So if something similar has happened to you in the past know that you may not be alone. :)
Just to let u know, during my H1 processing, my H1 was thrown back to my lawyer asking them to send photographs of my workplace and co-workers, server room, my desk. I had to use an entire disposable camera for the same. To make things even funnier, i was not even the First one to be on H1 in my company. We had atleast 7-8 H1's at one point in time. The reason given for a throw back was, that this company seems quite new and small.
I know this is off topic, but since someone has raised this point albeit in jest, i thought i should let people on here know that UCSIS has it's own whims and fancies at times. So if something similar has happened to you in the past know that you may not be alone. :)
more...
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andy garcia
10-01 11:01 AM
What can we do, so that USCIS does not really issue that many FS category visas during 2007 - 2008?
It is so confusing that I do not know how to explain the whole thing.
Here is a small sample.
In 2002 all the EB visas were issued(174,968). However, there were 31,532 unused family preference visas, so the limit for 2003 was 171,532 (140,000 + 31,532).
Guess what, in 2003 they only approved 82,137 EB visas, so they ended up with 88,482 unused EB visas
It is so confusing that I do not know how to explain the whole thing.
Here is a small sample.
In 2002 all the EB visas were issued(174,968). However, there were 31,532 unused family preference visas, so the limit for 2003 was 171,532 (140,000 + 31,532).
Guess what, in 2003 they only approved 82,137 EB visas, so they ended up with 88,482 unused EB visas
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rockstart
06-25 08:25 AM
This is what I think America loses due to delay in green card process. I can say this from my own experience. People with advanced degrees in Science and Technology have to keep doing same job to maintain status for 8 - 10 years since changing job / company reset's their GC process. When a guy comes to US for education the average age is around 23 - 24 years. MS completed by 25. Most guys at that time have burning desire to do something new and innovative (either in job or starting own business). But the most fortune 100 companies do not sponsor H1B or GC (Example Raytheon, Toyota, Lexmark .... based on my personal experience as electrical engineer) so you end up compromising with career to maintain status and work for companies that sponsor H1B ( future career prospects take a backseat). Then after 8 - 10 years when you get GC you already are married and possibly kids to look after you are already burnt out and want to keep working in the same desk/ clerical job that you have been doing for so many years. So its a lose lose situation to all neither government gains from the GC (by which they hope to make US a more innovative place) nor the immigrants since by then all they can think is a full time job, home and 401K.
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bpratap
05-15 05:24 PM
The bank is GMAC.
this is a bank owned property, and there is a pre-condition that we should use their bank for the loan.
Wondering how to explain the VISA situation in a way they would understand.
this is a bank owned property, and there is a pre-condition that we should use their bank for the loan.
Wondering how to explain the VISA situation in a way they would understand.
pncool01
07-20 01:11 PM
I can see how it will affect many people's (including mine) spouses job prospects.
Assuming it takes longer than 12 months, what are the options here? I would like to understand what AC21 says. Is having an EAD a precondition of using the AC21 provision i.e. does it say -
"an employee after 6 months of filing 485 AND having an EAD in hand can switch jobs"
or does it say
"6 months after filing 485, the employee can switch"
thanks
Assuming it takes longer than 12 months, what are the options here? I would like to understand what AC21 says. Is having an EAD a precondition of using the AC21 provision i.e. does it say -
"an employee after 6 months of filing 485 AND having an EAD in hand can switch jobs"
or does it say
"6 months after filing 485, the employee can switch"
thanks
InTheMoment
07-18 10:59 PM
Other than that RD also comes into play in deciding the order in which the file comes under review of an officer. This is irrespective of what the visa bulletin says..and is called in CIS parlance as pre-adjudication if the PD is not available.("pre" as in adjudication before a visa number is available).
Such files that have undergone adjudicator review/FBI name and fingerprint as well as IBIS checks and are complete in all other respects but for visa# are now placed in separate area shelf for quickly assigning #'s, stamping, signing and ordering cards when PD is current for such petitions.
So the work of reviewing files goes roughly in FIFO order (that is based on RD) all round the year whether the bulletin says C, U, A, B or JAN01STONEAGE!
You guys are mistaken one thing. No matter what PD has to be current at the time of I-485 processing. But if both applicant have PD current than RD comes into play. Other than that RD does not play any role at all.
Such files that have undergone adjudicator review/FBI name and fingerprint as well as IBIS checks and are complete in all other respects but for visa# are now placed in separate area shelf for quickly assigning #'s, stamping, signing and ordering cards when PD is current for such petitions.
So the work of reviewing files goes roughly in FIFO order (that is based on RD) all round the year whether the bulletin says C, U, A, B or JAN01STONEAGE!
You guys are mistaken one thing. No matter what PD has to be current at the time of I-485 processing. But if both applicant have PD current than RD comes into play. Other than that RD does not play any role at all.
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