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 Mero Pravachan on Immigration Law

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Posted on 05-08-11 9:58 AM     Reply [Subscribe]
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Wrong information was floating around, so I thought to write this pravachan. 

1)      1) Getting green card is a two step process :

a)      a) Establishing eligibility (I-130 for relative petitions, I-140 for employment based petition).  Few other criteria but those are mostly not applicable and we will not discuss it here.

b)      b) After eligibility is established or when the eligibility documents are pending, filing for Green card which is Form I-485.

2)      2) You cannot file for green card until the Visa Number is current even after I-130/I-140 is approved.  This is a numerical number assigned under each category of visa by the State Department.  Current means your I-130/I-140 must be filed on that day or before in order for you to file and get your green card.  Also, if you file for your green card when your visa number is current, you will get green card only if visa number remains current.  If Visa number retrogresses, you will have a green card pending status with all the benefits of green card but you will not get your green card until the number becomes current. 

3)      3) For US citizens, certain age specific children, spouse and parents do not have to wait for any visa number.  For them, it’s always current.  So, if you are a US citizen, you can marry a girl/guy and file for forms I-130/I-485 at the same time. Same is true for parents and age specific children.

4)      4) Familarize yourself with this page: You won’t need a dumb head attorney after this.  http://www.travel.state.gov/visa/bulletin/bulletin_5424.html

 

 Disclaimer: Anything posted in this website is just general information and it should not be construed as legal opinion.

Last edited: 11-May-11 04:39 PM

 
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Posted on 05-12-11 11:13 AM     [Snapshot: 1467]     Reply [Subscribe]
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Delicate

I don't want to get into too much detail here regarding the ways to get I-140 approved.  I-140 responses could be pretty rough sometimes.  If you want to play simple game, just look for their net income.  If your salary is $100K, make sure their net income in corporate tax returns is 100K for the years since they have filed PERM for you.

Regarding 8 years, only god knows....right now, I think, EB3 for Nepal has 6 years of backlog.  It may go back and it may advance.  There is no formula and everyone has their own estimates.  Anyone who claims to know the exact time frame is a joker. I don't care what people write in forums, fact remains fact.

Why would you file for 2 GC? Green card means filing for I-485.  You can file multiple PERM/I-140s for same or different companies.  Whichever date becomes current, pick that and file it.   People file for multiple I-140s to be on the safe side in case a company goes out of business..or income declines....multiple reasons.




 
Posted on 05-12-11 11:19 AM     [Snapshot: 1478]     Reply [Subscribe]
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Hajur manav hoina mahamanav hunihunchha...
 
Posted on 05-12-11 3:35 PM     [Snapshot: 1545]     Reply [Subscribe]
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Pichas haruko lagi hami manav nai haun...
 
Posted on 05-12-11 7:21 PM     [Snapshot: 1611]     Reply [Subscribe]
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Thanks a lot nagarikreport!

Well it's good to know that one can file multiple PERMs/I140s. At least, there is a flexibility in case something unexpected hapnens.

I'm not ready suck up and wait for my PD to be current in EB3. I'm leaning towards joining this company since I already have 5yrs experience. I guess I don't have things to worry. However, there will always be something in your mind that tells you to rethink and rethink. The only remaining thing left is to trust the company.

I was wondering where your GC process is right now. Are you already greened? Can you also share your experiences?

Thanks!

 
Posted on 05-12-11 8:23 PM     [Snapshot: 1636]     Reply [Subscribe]
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It nice of you to post some insightful posts besides your racist rant.
It's good that you are being humorous .
 
Posted on 05-12-11 10:01 PM     [Snapshot: 1674]     Reply [Subscribe]
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delicate babu

Afno barema gun gaan gaune mero chalan chhaina.  Majority of my experience is driven towards litigation, that is, once a person has been placed in deportation.  Sometimes people come in deportation for stupid reasons.  Remember, if your I-485 is denied and you don't have a valid non-immigrant status, you will be placed in deportation.  Yeti matrai bhannu chha ki EB3 ko murkhata ma na phasnu.  EB2 is the best option.  As long as you maintain your non immigrant status, you have full control of your life.  Make sure you have your H-1/F-1 or whatever it is until you ge your green card.



 
Posted on 05-12-11 10:14 PM     [Snapshot: 1678]     Reply [Subscribe]
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nagarikreport,

sorry to hear that you were once pushed towards ligitation. my intention wasn't to get bad old memories out of you. whatever happened to you must have made you stronger.

when i see the backlog in EB3ROW and the way it has been screwed by not getting spillovers due to porting, i just feel like why the hell did i not apply way earlier. well, i guess that's one of the lessons that i've learnt. i've no intention of drowning in this mess. i don't see anything good happening to it anytime soon.

 
Posted on 05-13-11 12:12 AM     [Snapshot: 1710]     Reply [Subscribe]
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Delicate

You misunderstood.  My experience is in immigration litigation. I've dealt with those types of cases.

 
Posted on 05-13-11 12:13 AM     [Snapshot: 1711]     Reply [Subscribe]
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Don't regret.  Just file under EB-2 and relax.

 
Posted on 05-13-11 12:37 AM     [Snapshot: 1719]     Reply [Subscribe]
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 sarai chitta bujhnay jawaf dinu huncha, nagarik dai ko jaya hos.. 
btw dai, euta asylee dai lay asylum gc halayko 6 months bhayo.. aajha bhole most gc application takes 4 months. ajhai acceptance state mai cha.. kina yesto dhila susti bhayako hola dai? dai layee kehi idea cha ki.. 
 
Posted on 05-13-11 9:21 AM     [Snapshot: 1792]     Reply [Subscribe]
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kalopani

Aba yeti dherai manchhe harule asylum hale ki yesma pani backlog huna ber chhaina.  Thug Bhutani harulai chutiya harule green card diye free ma.  Aba [Disallowed String for - use not allowed] harule hyan pani atanka machaune bhaye.

Bhutan ma bhayer Bhutani huna naskne lai Bhutani Raja le desh nikala garyo.  Ke naramro garyo?

Nepal ma Bharatiya mool ka mannche harule Bharat ko side linda kasto lagchha?  Deshdrohi harulai mriyuta danda dinu parchha.

Now, back to question.  Just tell him to call the USCIS toll free and talk to an Immigration officer who is handling the case (not the dumb customer service people).

 
Posted on 05-13-11 9:32 AM     [Snapshot: 1794]     Reply [Subscribe]
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nagarikreport,

Oh i'm sorry for misunderstanding! :)

 
Posted on 05-13-11 12:31 PM     [Snapshot: 1835]     Reply [Subscribe]
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No problem.  Aru pani pravachan aaundai garchha yedi sabailai mero pravachan man parchha bhane.

 
Posted on 05-13-11 1:05 PM     [Snapshot: 1851]     Reply [Subscribe]
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prabachan ta bahun ko suninchha, jharpat ko prabachan ke sunnu ????
 
Posted on 05-13-11 1:07 PM     [Snapshot: 1852]     Reply [Subscribe]
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sukla le bahunko support garyo bhanera feri racist bahun 3 bitta ufrelaas ni ....

maile yettikai bhandyaa po
 
Posted on 05-13-11 7:06 PM     [Snapshot: 1911]     Reply [Subscribe]
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Sukla

Herna aba, gyan gun ka kura haru bhairako bela bahun jasto pyachha bolna pari halyo hai! 

 
Posted on 05-13-11 11:30 PM     [Snapshot: 1949]     Reply [Subscribe]
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homework dine master
bhaasan dine neta
pravachan dine bahun

 
Posted on 05-14-11 12:50 PM     [Snapshot: 1986]     Reply [Subscribe]
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^^^^^^BUMP^^^^^^

i would like to keep this thread alive and like to see the discussion not be diverted from the thread's original intent.

 
Posted on 05-15-11 11:36 AM     [Snapshot: 2053]     Reply [Subscribe]
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Delicate bro

Thanks.

 
Posted on 05-29-11 2:23 PM     [Snapshot: 2231]     Reply [Subscribe]
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Is Kalpani and Nalapani same user?

 



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