rock945
04-13 11:56 AM
Also for Philippines it moved by 1 year..
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mirage
12-05 03:18 PM
How can it be less than 10 years ? Each year has 4 quarters. As long as you made your SS contributions while in LEGAL status, you will get SS payments when time comes.
It doen't matter if your were H, GC, EAD...
SSA has been cracking down on illegals however, so it might be wise to keep documentation of your leagal working status for future.
... and remember it's 40 quarters (which canb be acheived in as little as 8 years and 3-6 months if timed right.
It doen't matter if your were H, GC, EAD...
SSA has been cracking down on illegals however, so it might be wise to keep documentation of your leagal working status for future.
... and remember it's 40 quarters (which canb be acheived in as little as 8 years and 3-6 months if timed right.
suresh.emails
08-07 05:38 PM
Hi All
I just saw the USCIS GC approval email notice - EB2-I - Dec 20'th 2005 Priority Date
I have same issue as few others have. I'm not married yet. I have applied for GC and luckily the GC has been approved (when I really don't want it to be approved). ... Trust me I was praying god all the time.
My priority date is EB2-I Dec 20'th 2005 and god knows how they approved it much before every one else. When all others really want their GC's.
There are lots people who are in queue with Jan 2004 and later priority dates and whose cases are still pending... How could they approve my case so soon...
I have scheduled for a travel to India on August 15'th 2008 to get married. I wanted to marry and get my wife to USA. I 'm engaged with girl at India and all set for marriage this month (August 2008).
I believe my H1-B has been automatically canceled on immediate approval of GC.
How do I get my future wife to USA?. What are the options left out to me now?.
Please excuse me if this is a duplicate thread. I'm really in hurry and could not check all threads properly.
--Suresh
I just saw the USCIS GC approval email notice - EB2-I - Dec 20'th 2005 Priority Date
I have same issue as few others have. I'm not married yet. I have applied for GC and luckily the GC has been approved (when I really don't want it to be approved). ... Trust me I was praying god all the time.
My priority date is EB2-I Dec 20'th 2005 and god knows how they approved it much before every one else. When all others really want their GC's.
There are lots people who are in queue with Jan 2004 and later priority dates and whose cases are still pending... How could they approve my case so soon...
I have scheduled for a travel to India on August 15'th 2008 to get married. I wanted to marry and get my wife to USA. I 'm engaged with girl at India and all set for marriage this month (August 2008).
I believe my H1-B has been automatically canceled on immediate approval of GC.
How do I get my future wife to USA?. What are the options left out to me now?.
Please excuse me if this is a duplicate thread. I'm really in hurry and could not check all threads properly.
--Suresh
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paskal
07-10 11:10 AM
Lou has branded an entire national communiy in his hate filled rhetoric. I appreciate that good people differ in their views on immigration, but this crosses the line. H1b is "cheap Indian labor" and "overstay their visas" ??
Lou believes in quoting no facts, just bullishly repeating such views. Nobody who disagrees can ever get a word in. I am a specialist physician with multiple degrees and board certifications. I practice in underserved communities, speak fluent English and pay my taxes. My visa status is and always has been legal. Do I meet the Lou standards? I am waiting in an endless line for a green card that keeps me at the bottom based on my country of birth. So much for Lou's cheap labor! Has everyone forgotten his tacit support for outsourcing in his "other professional life"?
Shame on CNN for allowing this. I, for one, have no further interest in this channel.
Lou believes in quoting no facts, just bullishly repeating such views. Nobody who disagrees can ever get a word in. I am a specialist physician with multiple degrees and board certifications. I practice in underserved communities, speak fluent English and pay my taxes. My visa status is and always has been legal. Do I meet the Lou standards? I am waiting in an endless line for a green card that keeps me at the bottom based on my country of birth. So much for Lou's cheap labor! Has everyone forgotten his tacit support for outsourcing in his "other professional life"?
Shame on CNN for allowing this. I, for one, have no further interest in this channel.
more...
sanjay
09-19 03:03 PM
Ok, I've seen a lot of threads about go to the rally, actions items, I've reading a lot of guys saying dont ask for your receipt status, dont waste your time etc, etc.
Yes we did the rally we were great with all those signs, and appearing in the Indy TV but...
Question remains open:
1. When are they going to increase the GC quota?
2. When congress id going to do something?
I've the feeling that that's it we made our point but we are still with no GC, waiting receipts..............
Things don't happen so soon, and that too with law makers. Our purpose of rally was to bring awareness in media, public and Lawmakers. and in that part I think we did reasonably good. Now, things are into Law makers hands and it may take time to resolve immigration system, as its been screwed from decades.
Keep your hopes alive and just wait and watch. There's nothing we can do more.
Yes we did the rally we were great with all those signs, and appearing in the Indy TV but...
Question remains open:
1. When are they going to increase the GC quota?
2. When congress id going to do something?
I've the feeling that that's it we made our point but we are still with no GC, waiting receipts..............
Things don't happen so soon, and that too with law makers. Our purpose of rally was to bring awareness in media, public and Lawmakers. and in that part I think we did reasonably good. Now, things are into Law makers hands and it may take time to resolve immigration system, as its been screwed from decades.
Keep your hopes alive and just wait and watch. There's nothing we can do more.
Brightsider
08-30 11:47 AM
Hi Dinesh, in your quote above were you intending to say that most state colleges WILL NOT accept applications if you do not have GC/citizenship? So to attend a state college you NEED TO BE a GC holder/citizen? If that is the case how come lot of international students come here and attend state colleges for MS/Phds and get assistanships/fee waivers?
I will leave Dinesh to answer what he meant, but let me address the second part of your post.
Tuition waivers and financial assistance is hard to come by, if the applicant is an international student. It is not impossible, but quite difficult, at the undergraduate level.
However, at the post-graduate and doctoral levels, the scene is completely different. International students have ample opportunities for getting assistance and waivers. At the PhD level, I guess it is nearly universal.
The point is that at undergraduate level, it is very very difficult for financial assistance. On-campus jobs are one way in which students try to ameliorate the burden.
More than lack of financial assistance is the issue of paying out-of-state tuition, which is about three to four times the cost of in-state tuition.
Hence, AOS applicants can get enormous relief in some states. Maybe, it is there in all states....I dont know and I wouldnt try to guess.
I will leave Dinesh to answer what he meant, but let me address the second part of your post.
Tuition waivers and financial assistance is hard to come by, if the applicant is an international student. It is not impossible, but quite difficult, at the undergraduate level.
However, at the post-graduate and doctoral levels, the scene is completely different. International students have ample opportunities for getting assistance and waivers. At the PhD level, I guess it is nearly universal.
The point is that at undergraduate level, it is very very difficult for financial assistance. On-campus jobs are one way in which students try to ameliorate the burden.
More than lack of financial assistance is the issue of paying out-of-state tuition, which is about three to four times the cost of in-state tuition.
Hence, AOS applicants can get enormous relief in some states. Maybe, it is there in all states....I dont know and I wouldnt try to guess.
more...
texanmom
08-28 05:40 PM
I know this is not the right place..but I didn't know where else to post this. Sorry about that.
Has the congresswoman been contacted for this rally? She would be a powerful voice to have on our side.
I am sure the IV core team has thought about this...but I didnt read about it anywhere on the forums. If there is something, please point me to it.
Has the congresswoman been contacted for this rally? She would be a powerful voice to have on our side.
I am sure the IV core team has thought about this...but I didnt read about it anywhere on the forums. If there is something, please point me to it.
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gccube
09-09 02:27 PM
Requirements to change employer when GC is pending:
- I-140 should be approved
- More than 180 days should have passed after filing I-485. The clock for 180 days starts from 485 receipt.
- Approved EAD
Significance of 180 days barrier
If you have approved I-140 and EAD, you can change employer without having to wait for 180 days. But then your employer can revoke the I-140 which invalidates the 485 application. After 180 days from I-485 receipt, I-140 cannot be revoked so that is why it is always recommended to invoke AC-21 after 180 days from the 485 receipt.
After 180 days, you cannot change jobs, you can only change employers
When you invoke AC-21, you have o fulfill two conditions:
1.) You new jobs has the same or similar job description as mentioned in the green card labor certification application
2.) You salary should be almost the same as the wages mentioned in GC labor certification application
This means, you have to continue to stay in the same job title and job description till the time your GC is approved. If you fulfill the requirements mentioned above, you do not have to inform USCIS when invoking AC-21. You just switch employer. At some point USCIS will send you a query asking for the information of the employer who continues your green card application. It is best to take up job where the job title and job description is exactly the same as specified in your GC labor certification application. Any variance in the job title or job description could be extremely damaging to the GC application processing.
It is best to not to change to an employer offering you anything less than the wage rate specified in the GC labor certification. On the higher side, it is better not to take up a job that offers more than 4% more salary of that specified in the GC labor certification. It is hard to resist 20-30K higher salary, but one would have to resist the temptation for taking the job offering higher salary. Otherwise, there is a risk of USCIS denying the GC application.
USCIS doesn�t account for dollar appreciation or devaluation. USCIS also doesn�t account for annual inflation when calculating the wage rate. So even if your labor certification was applied in 2003, you still have to continue at the job with the salary specified in the GC labor certification. If GC application takes another 5-7 years, then you have to continue with the salary specified in GC labor certification application.
Hope this is useful.
"You salary should be almost the same as the wages mentioned in GC labor certification application or it should not be more than 4% more than what is mentioned in the LC"?
- I-140 should be approved
- More than 180 days should have passed after filing I-485. The clock for 180 days starts from 485 receipt.
- Approved EAD
Significance of 180 days barrier
If you have approved I-140 and EAD, you can change employer without having to wait for 180 days. But then your employer can revoke the I-140 which invalidates the 485 application. After 180 days from I-485 receipt, I-140 cannot be revoked so that is why it is always recommended to invoke AC-21 after 180 days from the 485 receipt.
After 180 days, you cannot change jobs, you can only change employers
When you invoke AC-21, you have o fulfill two conditions:
1.) You new jobs has the same or similar job description as mentioned in the green card labor certification application
2.) You salary should be almost the same as the wages mentioned in GC labor certification application
This means, you have to continue to stay in the same job title and job description till the time your GC is approved. If you fulfill the requirements mentioned above, you do not have to inform USCIS when invoking AC-21. You just switch employer. At some point USCIS will send you a query asking for the information of the employer who continues your green card application. It is best to take up job where the job title and job description is exactly the same as specified in your GC labor certification application. Any variance in the job title or job description could be extremely damaging to the GC application processing.
It is best to not to change to an employer offering you anything less than the wage rate specified in the GC labor certification. On the higher side, it is better not to take up a job that offers more than 4% more salary of that specified in the GC labor certification. It is hard to resist 20-30K higher salary, but one would have to resist the temptation for taking the job offering higher salary. Otherwise, there is a risk of USCIS denying the GC application.
USCIS doesn�t account for dollar appreciation or devaluation. USCIS also doesn�t account for annual inflation when calculating the wage rate. So even if your labor certification was applied in 2003, you still have to continue at the job with the salary specified in the GC labor certification. If GC application takes another 5-7 years, then you have to continue with the salary specified in GC labor certification application.
Hope this is useful.
"You salary should be almost the same as the wages mentioned in GC labor certification application or it should not be more than 4% more than what is mentioned in the LC"?
more...
JunRN
12-21 11:09 AM
You did not read it carefully. The person actually NOTIFIED the USCIS about AC21. However, USCIS failed to record it.
"xxxx....The particular case has been issued a NOIR on the basis that the employer revoked the I-140 petition and there was no information on record indicating a qualifying position under AC21. In fact, in this case, the documentation pertaining to the new, qualifying position and portability eligibility under AC21 had been timely filed with the USCIS. ...xxxx"
Furthermore:
"xxxx....It is not clear why this AC21 filing was either overlooked or not in the file at the time of the issuance of the NOIR several months later. The fact that the AC21 notification was filed, however, provides a basis to respond to and refute the NOIR, along with a number of legal and procedural issues. Therefore, the AC21 notification is vital to the ultimate success in this case. Moreover, notification and proof of AC21 eligibility may be vital to avoid NOIRs in future cases....xxxx".
"xxxx....The particular case has been issued a NOIR on the basis that the employer revoked the I-140 petition and there was no information on record indicating a qualifying position under AC21. In fact, in this case, the documentation pertaining to the new, qualifying position and portability eligibility under AC21 had been timely filed with the USCIS. ...xxxx"
Furthermore:
"xxxx....It is not clear why this AC21 filing was either overlooked or not in the file at the time of the issuance of the NOIR several months later. The fact that the AC21 notification was filed, however, provides a basis to respond to and refute the NOIR, along with a number of legal and procedural issues. Therefore, the AC21 notification is vital to the ultimate success in this case. Moreover, notification and proof of AC21 eligibility may be vital to avoid NOIRs in future cases....xxxx".
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optimystic
10-24 02:32 PM
Ignore the IOs, just talk to your Senator or Congressman. They will be able to help you out. I was stuck in name check for more than 3 years. My congressman did not help but the senators office had a namecheck cell and they help out with genuine cases. The person there helped me clear my name check in 2-3 months (talk, dont email, send certified letter with details after talking to them). Had i known this earlier I would have had contacted them earlier and would have gotten my GC in June 07. My lawyer sdid not allow us to contact the IOs for information and i suffered big time because of that. Based on my experience all i can say is be proactive.
Thanks for the pointers.
In my case I don't even know if it is namecheck that is blocking my case. So far my guess is that it was just the huge deluge of July 2 applications under which my application got stuck. But now that they have opened my application and mailed an RFE on Oct 22, at least I know that some IO is processing my case. Right now I am eagerly waiting for the RFE details. My law firm(FDBL) has not received it yet. I am pinging them every other day.
To answer another question from another poster, yes, I have been with the same company since 2001.
Thanks for the pointers.
In my case I don't even know if it is namecheck that is blocking my case. So far my guess is that it was just the huge deluge of July 2 applications under which my application got stuck. But now that they have opened my application and mailed an RFE on Oct 22, at least I know that some IO is processing my case. Right now I am eagerly waiting for the RFE details. My law firm(FDBL) has not received it yet. I am pinging them every other day.
To answer another question from another poster, yes, I have been with the same company since 2001.
more...
eb3retro
07-08 09:14 AM
but the bigger question is are you even an immigrant? If not, why are you here? If you are, what is your status? have you filed for green card application, did u get it already, or whats the deal? We are all wondering if you are just leeching around giving your free opinion around here.
No. I am not anti-immigrant. I am anti-illegal immigrant. I know the AZ law very well coz I read it not like many who seem to listen to talk radio. Good opinions can be formed only with good knowledge and we don't need evryone to have an opinion. Most should only subscribe to an opinion otherwise there will only be infighting and no progress.
President Obama just lost a good chance to gain democratic majority in Nov. Now people are saying....why is the fed govt. not letting a state protect its citizens?
Also the fact that a lawsuit is brought against AZ shows that the real wider immigration issue is not to be touched.
No. I am not anti-immigrant. I am anti-illegal immigrant. I know the AZ law very well coz I read it not like many who seem to listen to talk radio. Good opinions can be formed only with good knowledge and we don't need evryone to have an opinion. Most should only subscribe to an opinion otherwise there will only be infighting and no progress.
President Obama just lost a good chance to gain democratic majority in Nov. Now people are saying....why is the fed govt. not letting a state protect its citizens?
Also the fact that a lawsuit is brought against AZ shows that the real wider immigration issue is not to be touched.
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vkraman7
02-12 05:09 PM
First thing is that your employer most likely will not send you a legal notice, as it would cause significant time and money for his already depleted financial resources. Even if he does, if such a legal notice is in an email, just ignore it. DO NOT RESPOND.
If it is in your regular mail/UPS/FED EX/Certified mail (most likely), you should consult your new company's attorney and seek legal help. In any case, as long as you have all your eggs in order, you will be fine.
May God be with (and only with) your good intentions.
If it is in your regular mail/UPS/FED EX/Certified mail (most likely), you should consult your new company's attorney and seek legal help. In any case, as long as you have all your eggs in order, you will be fine.
May God be with (and only with) your good intentions.
more...
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Wish_Good
05-29 11:50 PM
Voted
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JazzByTheBay
09-04 08:24 PM
- best place to stay, hopefully in proximity to the rally start point
- best return flight time to get back
- do I need to rent a car?
Guys what airline could one fly from San Jose? Which one have best connecting times so one can reach and leave at decent time? which airport is close?
Is there a Motel nearby at the relly start point, what time does the rally end, and what flight have people from CA booked for getting back?
:confused:
- best return flight time to get back
- do I need to rent a car?
Guys what airline could one fly from San Jose? Which one have best connecting times so one can reach and leave at decent time? which airport is close?
Is there a Motel nearby at the relly start point, what time does the rally end, and what flight have people from CA booked for getting back?
:confused:
more...
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ramaonline
08-07 07:35 PM
Note that after marriage, the GC for spouse needs to be filed under FB category which has a backlog of 4-5 years
F1, b1 and b2 visas are not dual intent (requires non-immigrant intent). On all forms you need to mention the visa status of all relatives who are in the US. So watch for that.
H1, L1 are dual intent visas. Pending I130 does not affect L1 or H1 visa approval since these visas are dual intent. This is usually the safest option.
Follow to join (Consular processing) helps if you were married before the 485 approval.
F1, b1 and b2 visas are not dual intent (requires non-immigrant intent). On all forms you need to mention the visa status of all relatives who are in the US. So watch for that.
H1, L1 are dual intent visas. Pending I130 does not affect L1 or H1 visa approval since these visas are dual intent. This is usually the safest option.
Follow to join (Consular processing) helps if you were married before the 485 approval.
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prioritydate
08-05 07:42 PM
I am trying to keep track of 2004 cases. I think USCIS is not doing fair justice by not giving preference to 2004 cases. Please post your priority date, I-140 approval dates(if approved), I-485 received dates, Name check cleared date(if cleared), finger print cleared date(if you gave finger prints and they got cleared)
My Details :
PD : 12/23/2004
I-140 Approval Date :05/03/2007
I-485 Received Date : 07/26/2007
Name Check Cleared.
Gave Finger Prints.
I think mine is straight forward case. :confused:
My Details :
PD : 12/23/2004
I-140 Approval Date :05/03/2007
I-485 Received Date : 07/26/2007
Name Check Cleared.
Gave Finger Prints.
I think mine is straight forward case. :confused:
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ashrek
03-21 09:42 PM
Anyone from SC?
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rajuram
06-19 09:48 PM
Pay and move forward. Most of us have spent years to get this stage. Do not spoil it now....hopefully more $$$ will pour in once you get past this stage!
I guess most of the folks here are busy preparing to apply for 485. I have different problem here.
My employer's attorney is charging me outrageous fees of around $5000 to
apply for 485, AP and EAD for me and my spouse. This excludes USCIS fees. I work on hourly basis, so I should be taking care of immigration fees. My employer is not allowing me to file through another law firm.
Do I have any other options. How much do they charge usually.
I guess most of the folks here are busy preparing to apply for 485. I have different problem here.
My employer's attorney is charging me outrageous fees of around $5000 to
apply for 485, AP and EAD for me and my spouse. This excludes USCIS fees. I work on hourly basis, so I should be taking care of immigration fees. My employer is not allowing me to file through another law firm.
Do I have any other options. How much do they charge usually.
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InTheMoment
12-03 04:28 PM
...and may I know what is bad in this ?!
I would say this is definitely good as 1.) They have acknowledged the issue AND 2.) acted upon it.
We will know the veracity of their actions as more people report of their NC getting cleared over the next few months.
I think (1) in the statement made by USCIS refers to "DHS Secretary Chertoff indicated that USCIS and the FBI are changing parts of the name check process, with the expected result that a large proportion of the backlog should be cleared within six months" source: AILA Infonet
I would say this is definitely good as 1.) They have acknowledged the issue AND 2.) acted upon it.
We will know the veracity of their actions as more people report of their NC getting cleared over the next few months.
I think (1) in the statement made by USCIS refers to "DHS Secretary Chertoff indicated that USCIS and the FBI are changing parts of the name check process, with the expected result that a large proportion of the backlog should be cleared within six months" source: AILA Infonet
sam_hoosier
06-05 12:15 PM
Even as it stands RIGHT NOW without the "New AC21 Rules", you cannot use AC21 unless your I-140 is approved. The basic principle of AC21 is "If your I-140 is APPROVED AND your I-485 application has been pending for more than 180 days" you can switch jobs and not lose anything.
Wasnt it I-140 approved or approvable ? Or am I missing something ? :confused:
Wasnt it I-140 approved or approvable ? Or am I missing something ? :confused:
mallu
12-03 04:13 PM
http://www.ilw.com/immigdaily/news/2007,1204-FBI.shtm
