leoindiano
12-18 10:09 AM
He is dead against H1B. Not sure about Greencards.
He is a good freind of obama. I just hope he wont be chosen for labor secreatary post which is one of the two those are empty at the moment.
He is a good freind of obama. I just hope he wont be chosen for labor secreatary post which is one of the two those are empty at the moment.
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ram77
05-31 12:00 PM
Thanks for the post.
Saburi
02-12 04:12 PM
H1B transfer was regular transfer but my new employer used the same job code as specified in labor.
My attorney, then send the AC21 with new employer offer letter to uscis.
hope this helps
Do you really have to notify USCIS about you are changing employer as my lawyer told me its not required and this is one of the best lawyer, i did my H1 B trasfered before even my I 485 application may be thats why.
Would it be a problem for me if i transfered my H1 B even before i apply for I 485, as my lawyers explaination to that was as I 485 is for Future Employment and has nothing to do with the current employment.
Please do advice on this.
Saburi
My attorney, then send the AC21 with new employer offer letter to uscis.
hope this helps
Do you really have to notify USCIS about you are changing employer as my lawyer told me its not required and this is one of the best lawyer, i did my H1 B trasfered before even my I 485 application may be thats why.
Would it be a problem for me if i transfered my H1 B even before i apply for I 485, as my lawyers explaination to that was as I 485 is for Future Employment and has nothing to do with the current employment.
Please do advice on this.
Saburi
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Openarms
06-05 11:36 AM
That post was intended towards EB3 category, particularly EB3-India. Ever since starting of this Fiscal Year there are very few EB3-India approvals (Can anybody dispute that?). So how come USCIS used up all the visas already?? Most of the guys here always talk about EB2-India which is not highly effected category in the first place. We suppose to be taking care of effected categories.
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rsdang1
06-01 12:10 PM
Wonder how voting here helps - is this a site used by senate?
mattresscoil
01-04 12:32 PM
How many days before expiry can one apply for
1. EAD extension.
2. AP extension.
3. Since EAD extension is possible only because of 485 pending, is there a chance of risk, if employer withdraws 485 for some reason.
Thank You,
Bobby.
Robert Kumar:
EAD renewal can be filed 120 days prior to expiration.
AP renewal can be filed 120 days prior to expiration
EAD extention is possible on the basis of pending I485 application. This I485 application belongs to the applicant (you, spouse, family members). Your employer does not have the authority to withdraw the your I485 application. Your employer however has the authority to withdraw the underlying I-140 application.
If you have an approved I-140 and your I-485 application has been pending for more than 180 days, the revokation of your I-140 application by your employer will not have any effect. it may trigger an interview or an RFE for you to prove valid employment, which you should be able to prove (pay stubs, employment letter, tax returns) and beyond that there should be no risk what so ever.
1. EAD extension.
2. AP extension.
3. Since EAD extension is possible only because of 485 pending, is there a chance of risk, if employer withdraws 485 for some reason.
Thank You,
Bobby.
Robert Kumar:
EAD renewal can be filed 120 days prior to expiration.
AP renewal can be filed 120 days prior to expiration
EAD extention is possible on the basis of pending I485 application. This I485 application belongs to the applicant (you, spouse, family members). Your employer does not have the authority to withdraw the your I485 application. Your employer however has the authority to withdraw the underlying I-140 application.
If you have an approved I-140 and your I-485 application has been pending for more than 180 days, the revokation of your I-140 application by your employer will not have any effect. it may trigger an interview or an RFE for you to prove valid employment, which you should be able to prove (pay stubs, employment letter, tax returns) and beyond that there should be no risk what so ever.
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rajakannan
06-27 08:04 AM
The lawyer's office are overwhelmed with applications that they need to address. People are worried whether their respective attorney's will file the papers in time. Keeping that situation is perspective, I dont think this initiative is feasible at all, even if it makes sense to a few...
It's for people who are atleast able to file within Jul 30th will give them a guarantee, for others they are unlucky if the lawers delay after jul 30th.
It's for people who are atleast able to file within Jul 30th will give them a guarantee, for others they are unlucky if the lawers delay after jul 30th.
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dhurinder
05-11 06:22 PM
- How has greencard changed your life after receiving it?
It was a relief. No change on the work or personal side of life. Still at the same job. It pays well (always has) and I like it.
- What did you do on the day you received it?
Called my wife (who was in India). Bought a bottle of 'Blue Label' and polished it off in one night. Skipped the next day at work b'cos of the hangover.
** For people who wonder what happens if your GC is approved when you are in India. My wife was in India when our GC was approved. I did not mail her the GC. She entered US using Advance Parole. At the POE, she was asked if she was aware that her GC was approved. She did say "yes" and she was welcomed into US without any hassles.
- How did the long wait upset your life?
The wait was long (PD : May 2002 , GC AD : June 2007). The initial stage (2002 to 2004) was carefree (not worried about GC. More focussed on establishing career). The middle stage (2005 to 2006) was painful. We were in the I485 stage for almost 3 years. Then the final stage (2006 onwards) was carefree again. We had given up on the GC process and had decided that it will come when it has to come. We even bought a house in 2006 and decided to live life as we always wanted to. And then suddenly the GC arrived in June 2007 (interestingly there was no email .. nor any LUDs).
The only frustrating thing in the I485 stage was the annual renewal for EAD, AP. Fortunately, my employer paid for all that (including spouse). But it was hassle to get the papers ready, fill in the forms, interact with the immigration department ..so on. This was a little irritating every year.
- How did immigrationvoice help you during this long wait?
The immigrationvoice leaders are very inspiring. It is very heartening to see everyone so excited and willing to stand up for a common cause. Of course, there are the occasional "wet towels" in the forums who want to see the negative in everything. But I have seen the IV leaders learn to ignore them.
- Would you like to continue your support to immigration voice and help others waiting?
Sure. We are hard pressed for time. But have contributed financially in the past (anonymously). We believe in doing a deed and not talking about it. (so please do not read more in the financial contribution part). We will continue to send in the few dollars as usual.
- Any advice for everyone?
It is very easy to say that do not let this process affect you. And we are not going to say it. It is like preaching to the choir.
All we can say is "Hang in there". Plan for your future. Have your goals and work towards them. And we hope GC is just one of them.
It was a relief. No change on the work or personal side of life. Still at the same job. It pays well (always has) and I like it.
- What did you do on the day you received it?
Called my wife (who was in India). Bought a bottle of 'Blue Label' and polished it off in one night. Skipped the next day at work b'cos of the hangover.
** For people who wonder what happens if your GC is approved when you are in India. My wife was in India when our GC was approved. I did not mail her the GC. She entered US using Advance Parole. At the POE, she was asked if she was aware that her GC was approved. She did say "yes" and she was welcomed into US without any hassles.
- How did the long wait upset your life?
The wait was long (PD : May 2002 , GC AD : June 2007). The initial stage (2002 to 2004) was carefree (not worried about GC. More focussed on establishing career). The middle stage (2005 to 2006) was painful. We were in the I485 stage for almost 3 years. Then the final stage (2006 onwards) was carefree again. We had given up on the GC process and had decided that it will come when it has to come. We even bought a house in 2006 and decided to live life as we always wanted to. And then suddenly the GC arrived in June 2007 (interestingly there was no email .. nor any LUDs).
The only frustrating thing in the I485 stage was the annual renewal for EAD, AP. Fortunately, my employer paid for all that (including spouse). But it was hassle to get the papers ready, fill in the forms, interact with the immigration department ..so on. This was a little irritating every year.
- How did immigrationvoice help you during this long wait?
The immigrationvoice leaders are very inspiring. It is very heartening to see everyone so excited and willing to stand up for a common cause. Of course, there are the occasional "wet towels" in the forums who want to see the negative in everything. But I have seen the IV leaders learn to ignore them.
- Would you like to continue your support to immigration voice and help others waiting?
Sure. We are hard pressed for time. But have contributed financially in the past (anonymously). We believe in doing a deed and not talking about it. (so please do not read more in the financial contribution part). We will continue to send in the few dollars as usual.
- Any advice for everyone?
It is very easy to say that do not let this process affect you. And we are not going to say it. It is like preaching to the choir.
All we can say is "Hang in there". Plan for your future. Have your goals and work towards them. And we hope GC is just one of them.
more...
purgan
01-31 11:40 AM
For all those people who haven't been willing to donate to IV until now, let this Immigraton Fee Rise serve as a wake up call.
Do you want to pay $60 to IV now, or pay 10X that amount in June (when filing fee will rise by almost $600 for 485 filing)??
I know some people didn't want to contribute to IV, but now the choice is clear: pay $60 to IV now for its efforts or pay $600 to USCIS in June (where there will be no choice left but to pay up).
Do you want to pay $60 to IV now, or pay 10X that amount in June (when filing fee will rise by almost $600 for 485 filing)??
I know some people didn't want to contribute to IV, but now the choice is clear: pay $60 to IV now for its efforts or pay $600 to USCIS in June (where there will be no choice left but to pay up).
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H4_losing_hope
02-17 07:31 PM
As I have already accepted that my decision of choosing CP was not right during the time of recession. When dates became current, I thought mine will be current in a month or so and CP is a faster process to get green card as 485 filers some time stuck in name chack and all ( as I know couple of friends). So that was the only reason I filed Cp instead of 485.
There is one ideom in Hindi -" Chaube jee chale chhabbe jee banane aur reh gaye dubey jee"
So I am dube jee now.:rolleyes:
Hope you are able to work through this situation tinku01. I sympathize with you. Good luck.
There is one ideom in Hindi -" Chaube jee chale chhabbe jee banane aur reh gaye dubey jee"
So I am dube jee now.:rolleyes:
Hope you are able to work through this situation tinku01. I sympathize with you. Good luck.
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amitjoey
01-31 12:43 PM
I hope with this funding mechanism they could hire more efficient people and get things done fast.
rb_248, Last time there was an increase a year back or so, I felt that it is good to have an increase in USCIS Fees, because it will bring the necessary funds that they say they lack for efficiency. I have been proved wrong. There is no accountability.
rb_248, Last time there was an increase a year back or so, I felt that it is good to have an increase in USCIS Fees, because it will bring the necessary funds that they say they lack for efficiency. I have been proved wrong. There is no accountability.
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cygent
07-23 09:25 PM
Guys, I have no travel plans for now. But as an FYI, If my AP or for that matter my EAD expires before renewal, can you apply for a new EAD/AP? :confused: Assuming you cannot renew them anymore, of course I doubt you can.
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willwin
02-20 01:06 PM
judging by how much class you're displaying sorry to say your pet dog deserves a gc more than you do. :p
Mantric, you are absolutely right. Also, I am totally agree with your points and whatever you have mentioned in your message is appreciable.
LOL. What a punch!!!
Mantric, you are absolutely right. Also, I am totally agree with your points and whatever you have mentioned in your message is appreciable.
LOL. What a punch!!!
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nozerd
02-20 09:54 PM
I finally heard back something from my Senator's office. He sent me an email from USCIS stating that my FBI check was clear but that I needed new fingerprints as the first set had expired. The email also said that she would request a fingerprinting appt for me which should happen after 30-60 days and once I got fingerprinted the Senators office can contact her so that she can expedite with the I 485 supervisor.
Now my question is should I waoit for her to trigger the 2nd fingerprinting notice, or should I just take an Infopass and try to get them scheduled ? I mean should I really wait 30-60 days just for a fingerprint request (assuming they remember to send one) or can I proactively request it to save time.
Would appreciate a response ?
Now my question is should I waoit for her to trigger the 2nd fingerprinting notice, or should I just take an Infopass and try to get them scheduled ? I mean should I really wait 30-60 days just for a fingerprint request (assuming they remember to send one) or can I proactively request it to save time.
Would appreciate a response ?
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jkays94
07-09 12:00 PM
It was for about 2 minutes. The first time this issue got TV coverage I guess.
Anyone captured it on video?
CNN had a 30 second clip on it on "American Morning" on July 3rd.
Anyone captured it on video?
CNN had a 30 second clip on it on "American Morning" on July 3rd.
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wahwah
06-05 02:59 PM
andy garcia,
its not about reading it 10 times....but you're incorrect - read this portion in the memo dont just blindly read the "must be approved I-140 portion" of the memo.
it clearly says that the new memo is not any different from what was said back in 2005. here is the excerpt from the new memo:
In order to be considered valid, an I-140 petition must have been filed on behalf of an alien who was entitled to the employment-based classification at the time that the petition was filed, and therefore must be approved prior to a favorable determination of a portability request made under INA � 204(j).
The holding in this decision is consistent with the guidance previously provided in the answer to Question 1, Section 1, on page 3 of the December 27, 2005 memorandum entitled Interim Guidance for Processing Form I-140 Employment-Based Immigrant Petitions and Form I-485 and H-1B Petitions Affected by the American Competitiveness in the Twenty-First Century Act of 2000 (AC21) (Public Law 106-313).
and by the way...here is the Q1, Section 1 page the memo is talking about....
Question 1. How should service centers or district offices process unapproved I-140
petitions that were concurrently filed with I-485 applications that have been pending
180 days in relation to the I-140 portability provisions under �106(c) of AC21?
Answer: If it is discovered that a beneficiary has ported off of an unapproved I-140 and I-485 that has
been pending for 180 days or more, the following procedures should be applied:
A. Review the pending I-140 petition to determine if the preponderance of the evidence
establishes that the case is approvable or would have been approvable had it been adjudicated
within 180 days. If the petition is approvable but for an ability to pay issue or any other issue
relating to a time after the filing of the petition, approve the petition on it’s merits. Then
adjudicate the adjustment of status application to determine if the new position is the same or
similar occupational classification for I-140 portability purposes.[/I][/I][/I][/I]
You can read it 10 ways, but the CIS has only one interpretation(see bold below).
An un-adjudicated Form I-140 petition is not made valid merely through the act of filing the petition with USCIS or through the passage of 180 days. Rather, the petition must have been filed on behalf of an alien who was entitled to the employment-based classification at the time that the petition was filed, and therefore must be approved prior to a favorable determination of a �106(c) AC21 portability request.
its not about reading it 10 times....but you're incorrect - read this portion in the memo dont just blindly read the "must be approved I-140 portion" of the memo.
it clearly says that the new memo is not any different from what was said back in 2005. here is the excerpt from the new memo:
In order to be considered valid, an I-140 petition must have been filed on behalf of an alien who was entitled to the employment-based classification at the time that the petition was filed, and therefore must be approved prior to a favorable determination of a portability request made under INA � 204(j).
The holding in this decision is consistent with the guidance previously provided in the answer to Question 1, Section 1, on page 3 of the December 27, 2005 memorandum entitled Interim Guidance for Processing Form I-140 Employment-Based Immigrant Petitions and Form I-485 and H-1B Petitions Affected by the American Competitiveness in the Twenty-First Century Act of 2000 (AC21) (Public Law 106-313).
and by the way...here is the Q1, Section 1 page the memo is talking about....
Question 1. How should service centers or district offices process unapproved I-140
petitions that were concurrently filed with I-485 applications that have been pending
180 days in relation to the I-140 portability provisions under �106(c) of AC21?
Answer: If it is discovered that a beneficiary has ported off of an unapproved I-140 and I-485 that has
been pending for 180 days or more, the following procedures should be applied:
A. Review the pending I-140 petition to determine if the preponderance of the evidence
establishes that the case is approvable or would have been approvable had it been adjudicated
within 180 days. If the petition is approvable but for an ability to pay issue or any other issue
relating to a time after the filing of the petition, approve the petition on it’s merits. Then
adjudicate the adjustment of status application to determine if the new position is the same or
similar occupational classification for I-140 portability purposes.[/I][/I][/I][/I]
You can read it 10 ways, but the CIS has only one interpretation(see bold below).
An un-adjudicated Form I-140 petition is not made valid merely through the act of filing the petition with USCIS or through the passage of 180 days. Rather, the petition must have been filed on behalf of an alien who was entitled to the employment-based classification at the time that the petition was filed, and therefore must be approved prior to a favorable determination of a �106(c) AC21 portability request.
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rimco99
07-10 09:03 AM
What if we used so much of our time and energy in finding jobs in India/China and moving back, instead of going after media/govt? :confused:
Some of us have spent $35-40 on sending flowers, if we gave a internet job board that kind of money to send our resumes to prospective employers and headhunters in India, we may have a chance in finding a job in the emerging economy of India/China.. that will be THE biggest impact on US Govt... To add to my opinion, I would like to direct your attention to Microsoft... They didn't waste their resources on fighting the media, govt.. they just moved to Canada.. And believe me, there will be more such instances...
Agreed totally. Indian economy is booming and will last for another 5 to 10 years. Waiting for green card will make you lose out both the Indian opportunity as well as the "so called" American dream. People with decent experience are making good money and nothing better than living closer to friends and relatives.
Some of us have spent $35-40 on sending flowers, if we gave a internet job board that kind of money to send our resumes to prospective employers and headhunters in India, we may have a chance in finding a job in the emerging economy of India/China.. that will be THE biggest impact on US Govt... To add to my opinion, I would like to direct your attention to Microsoft... They didn't waste their resources on fighting the media, govt.. they just moved to Canada.. And believe me, there will be more such instances...
Agreed totally. Indian economy is booming and will last for another 5 to 10 years. Waiting for green card will make you lose out both the Indian opportunity as well as the "so called" American dream. People with decent experience are making good money and nothing better than living closer to friends and relatives.
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dummgelauft
08-03 07:59 AM
Like it or not, USA want diversity;), they not want to be a second Indian, Asian, Mexican, African, European etc country.
And one way to try to manage this is by country limits.
per country limits or not, there will always be a hihgher number of Indians and Chinese just due to the massive backlogs. BTW, there are about 12 million Hispanic people, so called un documented people, just wait til they get legalised. you arguement will holdcabiut as much water as tea strainer.
And one way to try to manage this is by country limits.
per country limits or not, there will always be a hihgher number of Indians and Chinese just due to the massive backlogs. BTW, there are about 12 million Hispanic people, so called un documented people, just wait til they get legalised. you arguement will holdcabiut as much water as tea strainer.
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qualified_trash
12-13 03:50 PM
Guys,
Don't take it otherwise... I will NOT do anything against anybody.
That previous person (whose name was mentioned on this approved labor) already had left this employer in 2004...so there is no one getting hurt if this employer is offering me that labor.
- My question still remains : Is it necessary to go for labor substitution to use this approved labor (showing the name of old consultant)... OR ... Can it be possible to file I-140 straight with my profile against this labor....?
Hope you now understand my points & will give me sincere advises.
waiting for your help....
gmatch,
speak to a lawyer and stop responding to people on this thread!! everyone pontificates. all the people who are screaming from their rooftops here about ethics etc., would readily accept an offer of reusing a previously unused LC if their employer gave them the option.
just my 2 cents.
Don't take it otherwise... I will NOT do anything against anybody.
That previous person (whose name was mentioned on this approved labor) already had left this employer in 2004...so there is no one getting hurt if this employer is offering me that labor.
- My question still remains : Is it necessary to go for labor substitution to use this approved labor (showing the name of old consultant)... OR ... Can it be possible to file I-140 straight with my profile against this labor....?
Hope you now understand my points & will give me sincere advises.
waiting for your help....
gmatch,
speak to a lawyer and stop responding to people on this thread!! everyone pontificates. all the people who are screaming from their rooftops here about ethics etc., would readily accept an offer of reusing a previously unused LC if their employer gave them the option.
just my 2 cents.
heywhat
05-30 02:04 AM
Done
kumar1
06-02 01:01 PM
Person, if in USA, has 30 days to start working for H1 employer after CoS approval date. One more thing, one can start working after applying for SSN without waiting for getting actual SSN.
It seems that she was out of status.
______________________
Not a legal advice.
Desi - Could you please guide us to any official site where this information is listed? I haven't been able to find this info on any official site (exp USCIS, DOS etc). Thanks
It seems that she was out of status.
______________________
Not a legal advice.
Desi - Could you please guide us to any official site where this information is listed? I haven't been able to find this info on any official site (exp USCIS, DOS etc). Thanks
