shana04
08-15 04:55 AM
No I havent got my GC yet.
Good, so many of IVans are missing you buddy. ;)
Good, so many of IVans are missing you buddy. ;)
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singhsa3
07-20 04:44 PM
I will try to answer to the best of my knowledge but I am not an attorney.
Your case fall in family based 2A preference, the PD date on which is July'02, which implies people in your situation who applied in July'02 are being adjudicated. So obviously, thats not an option for you, if you want to come immediately.
You child can come here on vistor visa. The issue you will run into is that even though visa can be granted for 10 years but she cannot stay for longer than 6 months at a stretch and some months gap before re-entring in the USA.
Second option is writting to consulate and department of state to issue visa on compassionate grounds. Issuance of such visa is rare but they are there. You probably will need to show extreme hardship and very few (even attorneys) are in position to advise you on this matter.
So my suggestion will be to go to your nearset consulate and discuss the matter with consulate officer/visa officer.
I and my spouse both have green card. We have a kid who was born in INDIA. He has not visited USA till now. The kid is about 2 years.
We are planning to bring the kid by end of this year to USA.
So what visa should we apply for him we are not sure :confused:
A friend told that he had a baby born to him in india and came to usa with in the 1st 6 month to USA and since both parents were having green card, at port of entry in USA, the kid also got greencard for 5 years this was couple of years back.
But in my case, the kid is 2 years AND also not sure what is the procedure now. Is it still true by default the kids automatically gets the green card at port of entry (Is there any age limit I hope may be till < 13 yrs) if parents posses valid green card. Please help me in this situation.
Thanks in advance, ;)
Your case fall in family based 2A preference, the PD date on which is July'02, which implies people in your situation who applied in July'02 are being adjudicated. So obviously, thats not an option for you, if you want to come immediately.
You child can come here on vistor visa. The issue you will run into is that even though visa can be granted for 10 years but she cannot stay for longer than 6 months at a stretch and some months gap before re-entring in the USA.
Second option is writting to consulate and department of state to issue visa on compassionate grounds. Issuance of such visa is rare but they are there. You probably will need to show extreme hardship and very few (even attorneys) are in position to advise you on this matter.
So my suggestion will be to go to your nearset consulate and discuss the matter with consulate officer/visa officer.
I and my spouse both have green card. We have a kid who was born in INDIA. He has not visited USA till now. The kid is about 2 years.
We are planning to bring the kid by end of this year to USA.
So what visa should we apply for him we are not sure :confused:
A friend told that he had a baby born to him in india and came to usa with in the 1st 6 month to USA and since both parents were having green card, at port of entry in USA, the kid also got greencard for 5 years this was couple of years back.
But in my case, the kid is 2 years AND also not sure what is the procedure now. Is it still true by default the kids automatically gets the green card at port of entry (Is there any age limit I hope may be till < 13 yrs) if parents posses valid green card. Please help me in this situation.
Thanks in advance, ;)
alterego
05-07 07:17 PM
How long can one stay unemployed on EAD? my pd is Nov2005 EB-2
I got laid-off on Monday I was on H1-b. The employer has notified USICS to withdraw the H1-B. But will not be revoking any GC related stuff. Was on H1-b Laid off 485 pending 180days+ have EAD :(
Your responses will be really appreciated.ASAP
A few question pop to mind here.
1) Has your 140 been approved?
2) How easy/difficult is it to get another job in a same/similar job in a reasonable time frame.
3) When is your EAD valid until?
4) Have you had a good relationship with your previous employer and will he leave the 140 untouched.
Here is what I see. H1b cancellation is a red flag for an astute officer. He/she might send you an RFE on your 485 if he/she wishes, you will then need to show present or future job offer pay stubs/offer letter.
If your 140 is not approved, you might need to consider aggressively getting into another job and restarting your application.
If you can find a same/similar job offer within a reasonable time frame, that being a time frame before you either get an RFE or your case is being adjudicated, then you are within the law.
EAD renewal times tend to be one of those junctures where the case profile is reviewed and RFEs come your way. Just my personal experience.
Your 140 being left untouched and your employer willing to help you giving a letter that he has a job for you in the future can quell any nightmare RFE scenario, since EB green card sponsorship is usually for future job offer. Ironically most of us are already gainfully employed................makes you realize how antiquated the EB immigration system really is in this country!
Good luck. Keep us posted.
I got laid-off on Monday I was on H1-b. The employer has notified USICS to withdraw the H1-B. But will not be revoking any GC related stuff. Was on H1-b Laid off 485 pending 180days+ have EAD :(
Your responses will be really appreciated.ASAP
A few question pop to mind here.
1) Has your 140 been approved?
2) How easy/difficult is it to get another job in a same/similar job in a reasonable time frame.
3) When is your EAD valid until?
4) Have you had a good relationship with your previous employer and will he leave the 140 untouched.
Here is what I see. H1b cancellation is a red flag for an astute officer. He/she might send you an RFE on your 485 if he/she wishes, you will then need to show present or future job offer pay stubs/offer letter.
If your 140 is not approved, you might need to consider aggressively getting into another job and restarting your application.
If you can find a same/similar job offer within a reasonable time frame, that being a time frame before you either get an RFE or your case is being adjudicated, then you are within the law.
EAD renewal times tend to be one of those junctures where the case profile is reviewed and RFEs come your way. Just my personal experience.
Your 140 being left untouched and your employer willing to help you giving a letter that he has a job for you in the future can quell any nightmare RFE scenario, since EB green card sponsorship is usually for future job offer. Ironically most of us are already gainfully employed................makes you realize how antiquated the EB immigration system really is in this country!
Good luck. Keep us posted.
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desi3933
05-14 01:33 PM
H-1B is approved from Oct/1/2009. Currently I should be on L-1B. As per this article, I think I can travel without jeopardizing my future status. They call it the 'Hernandez letter'. Is this true?
http://www.murthy.com/news/n_cosapp.html
Thanks..
Well, you didn't mention in your original post that COS date is 01/10/2009 and I assumed that COS date was date of approval.
In this case, yes your H1 COS is approved with deferred change of status date of Oct 1st. And Hernandez Letter does cover such scenario.
However, please keep this mind (mentioned in that link)
This analysis was provided by the USCIS in the form of letter guidance. Such guidance does not carry the binding force of law or regulation and generally is given less weight than even a USCIS policy memo.
Since when you come back you will have different I-94 number as compare to I-94 number on COS approval letter. This can cause explanation/issues down the line. Please consult your attorney and have professional advice.
Hernandez Letter does not have binding force of law. This is something difficult to ignore for me. But, that's just me.
______________________
Not a legal advice.
US citizen of Indian origin
.
http://www.murthy.com/news/n_cosapp.html
Thanks..
Well, you didn't mention in your original post that COS date is 01/10/2009 and I assumed that COS date was date of approval.
In this case, yes your H1 COS is approved with deferred change of status date of Oct 1st. And Hernandez Letter does cover such scenario.
However, please keep this mind (mentioned in that link)
This analysis was provided by the USCIS in the form of letter guidance. Such guidance does not carry the binding force of law or regulation and generally is given less weight than even a USCIS policy memo.
Since when you come back you will have different I-94 number as compare to I-94 number on COS approval letter. This can cause explanation/issues down the line. Please consult your attorney and have professional advice.
Hernandez Letter does not have binding force of law. This is something difficult to ignore for me. But, that's just me.
______________________
Not a legal advice.
US citizen of Indian origin
.
more...
gauravster
01-20 11:27 AM
As far as my understanding goes, EB1/2/3 is fairly recent, 15-20 year pehnomemon. As such getting examples of people who have been extremely successful post getting the visa is going to be difficult. Even for Harvard reunions, usually it is only at the 25th reunion (among a few thousand people) that you have some very successful people, in a 10-15 year span, getting extremely successful(to have your name in newspapers every other day) is like a 1 in 100,000 chance. Even with EB1s.
logiclife
06-22 12:52 PM
"According to Miller, only about 30 percent of applicants are running into such difficulties."
ONLY??!! Since when did 1/3 of something become "only"?
Maybe he should volunteer for a pay cut of 30%. ONLY 30%. See, its trivial little teeny weeny 30%. Its nothing. You wont even feel it. How about that director?
ONLY??!! Since when did 1/3 of something become "only"?
Maybe he should volunteer for a pay cut of 30%. ONLY 30%. See, its trivial little teeny weeny 30%. Its nothing. You wont even feel it. How about that director?
more...
ash27
04-02 07:12 PM
Does that mean a person can't work for companies like TekSystems on EAD? Senior members, please advice. I would like to switch from my desi employer and join the vendor directly as there is a big pay difference. Any information will be greatly appreciated.
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like_watching_paint_dry
04-12 01:35 PM
As someone mentioned - Do not Lie.
Also note that by not replying, you are in fact condoning the actions of your previous employer. You had a good reason to leave him, and the DOL probably knows about it. If you are worried about your H1, you can go for premium processing on your H1 and then send the letter to DOL.
Exactly what I was going to say. I highly doubt that DOL is out to get you on your H1 transfer in this case... on the contrary, they may be able to get you the money your desi pimp owes you. I would invest the $1000 and speed up the transfer and forget about the whole issue after firing my salvo by responding to the letter. If you get something back, great. Else at the least, you put a bad guy is into a lot of trouble.
But the decision is all yours. It is not my butt that is on the line so it is easy for me to say.
Also note that by not replying, you are in fact condoning the actions of your previous employer. You had a good reason to leave him, and the DOL probably knows about it. If you are worried about your H1, you can go for premium processing on your H1 and then send the letter to DOL.
Exactly what I was going to say. I highly doubt that DOL is out to get you on your H1 transfer in this case... on the contrary, they may be able to get you the money your desi pimp owes you. I would invest the $1000 and speed up the transfer and forget about the whole issue after firing my salvo by responding to the letter. If you get something back, great. Else at the least, you put a bad guy is into a lot of trouble.
But the decision is all yours. It is not my butt that is on the line so it is easy for me to say.
more...
snowshoe
11-15 08:28 AM
We (3 of us from the PA state chapter) had a meeting with Congressman Joe Sastak's office staff in Media, PA.
The staff member was completely unaware of our issues (other than, FBI name check takes long time and USCIS processing is slow). However, she was eager to understand our problems.
She recommended that we should meet the office staff in DC since they handle issues related to legislations.
The staff member was completely unaware of our issues (other than, FBI name check takes long time and USCIS processing is slow). However, she was eager to understand our problems.
She recommended that we should meet the office staff in DC since they handle issues related to legislations.
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ganguteli
04-08 05:12 PM
Trying to reach you guys for a while now.
1. How many active users are there as of today.
2. What are the media we have connection with.
Thanks.
To GCNirvana007,
I have questions for you
- Is your profile complete with your name, CORRECT email and phone number?
If not then forget getting a sincere reply.
You have a huge ego. Is IV your servant to answer you? and you open a new thread for it. If you care so much, why dint you email or call IV. This is what I did when I wanted answer.
I urge Admin not to respond to this thread and close it. You are not GCNirvana007's servant that anyone can open a thread and demand explanation from you and count days for not getting an answer. You are abusing the openness of the forum and wasting everyone's time by making us read your personal 'demands'.
Will you do the same for your company CEO when he does not answer you? Will you do the same with your lawyer who does not even return your email or calls ?
Think about it. Lose some ego. It will be good for your personality.
1. How many active users are there as of today.
2. What are the media we have connection with.
Thanks.
To GCNirvana007,
I have questions for you
- Is your profile complete with your name, CORRECT email and phone number?
If not then forget getting a sincere reply.
You have a huge ego. Is IV your servant to answer you? and you open a new thread for it. If you care so much, why dint you email or call IV. This is what I did when I wanted answer.
I urge Admin not to respond to this thread and close it. You are not GCNirvana007's servant that anyone can open a thread and demand explanation from you and count days for not getting an answer. You are abusing the openness of the forum and wasting everyone's time by making us read your personal 'demands'.
Will you do the same for your company CEO when he does not answer you? Will you do the same with your lawyer who does not even return your email or calls ?
Think about it. Lose some ego. It will be good for your personality.
more...
gc28262
04-08 06:27 AM
Looking at this issue, isnt' it USCIS who is at fault here ?
How can they allow the employer to "reuse" the original labor when employee1 has already used it for his I-140 approval ?
This is definitely a USCIS mess. Employees/beneficiaries shouldn't be paying the price for USCIS's fault.
How can they allow the employer to "reuse" the original labor when employee1 has already used it for his I-140 approval ?
This is definitely a USCIS mess. Employees/beneficiaries shouldn't be paying the price for USCIS's fault.
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aph0025
11-12 12:15 PM
Of course, I am assuming your previous status was H-4. If it was F-1 or something else, I don't know if you have valid permit to return to that status
I was on F1 visa. I had my OPT valid up to the 15th of Jan. 2008. My consultant filed for my H1B to begin from the 1st Oct. 2007. For any one in my situation (F1 to H1B), please do not let go of your valuable OPT time, in lieu of H1B, how much ever influential the consultant is (in terms of getting you a project). They would always want you to begin at the earliest so they can be assured of your services with them. Make sure they put down your begin date, only after the last date of OPT period on the H1B documentation.
So, in my situation, I do not have a valid reason to re enter the US. That is why I want to get my visa transferred over here. Considering I do not have pay stubs, a lot is dependant on my fate, I guess. Thanks for your reply.
I was on F1 visa. I had my OPT valid up to the 15th of Jan. 2008. My consultant filed for my H1B to begin from the 1st Oct. 2007. For any one in my situation (F1 to H1B), please do not let go of your valuable OPT time, in lieu of H1B, how much ever influential the consultant is (in terms of getting you a project). They would always want you to begin at the earliest so they can be assured of your services with them. Make sure they put down your begin date, only after the last date of OPT period on the H1B documentation.
So, in my situation, I do not have a valid reason to re enter the US. That is why I want to get my visa transferred over here. Considering I do not have pay stubs, a lot is dependant on my fate, I guess. Thanks for your reply.
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paskal
12-26 02:58 PM
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seahawks
07-02 12:07 AM
Guys,
Can some read the SOP in the above quote and figure out what they are trying to say?
I read it and it does mention that if you came prior to an year from filing, your G-325A does not count. I wonder why that is because Finger printing is triggered by G-325A was what I thought and its a form with 3 copies so to speak so I thought it goes to 3 different offices, who knows how it works.. anyways here is what I am doing for now..
Wait until my attorney gets back to me
Go for the FP and probably explain to them and see if anything can be done.
Wrote to my district congressman's immigration specialist who I had met before while campaigning for IV goals on CIR. Well I won't sweat it out, will see what happens I guess.
Can some read the SOP in the above quote and figure out what they are trying to say?
I read it and it does mention that if you came prior to an year from filing, your G-325A does not count. I wonder why that is because Finger printing is triggered by G-325A was what I thought and its a form with 3 copies so to speak so I thought it goes to 3 different offices, who knows how it works.. anyways here is what I am doing for now..
Wait until my attorney gets back to me
Go for the FP and probably explain to them and see if anything can be done.
Wrote to my district congressman's immigration specialist who I had met before while campaigning for IV goals on CIR. Well I won't sweat it out, will see what happens I guess.
more...
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ashkam
04-04 02:05 PM
I filed my 485 in August and got married later and my wife is on H4 right now. I'm on H1 as of now. I'm not using my EAD right now, so that my wife can maintain her H4 status. I'm planning her F1 processing from H4, so that once she is on F1 officially, I want to use EAD to change employers.
Is there any risk involved here and if so, please let me know
Thanks in Advance
Why do you have to wait for your wife to be on F1 before changing to EAD? Even if you use your EAD now, she will still be in valid AOS status.
Is there any risk involved here and if so, please let me know
Thanks in Advance
Why do you have to wait for your wife to be on F1 before changing to EAD? Even if you use your EAD now, she will still be in valid AOS status.
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chintals
09-03 01:33 PM
How did you do that? can you please provide info?
The phone number to call and would they need any information from me?
1) Call 800 and convince the person to escalate to 2nd level and speak to IIO
2) Call 800 and choose cases were seperated option which will go to respective service center and talk to IO.
Some folks are helpful and some are not.. It all depends how you approach and how you can convince.. good luck. Other option is go to Infopass.
The phone number to call and would they need any information from me?
1) Call 800 and convince the person to escalate to 2nd level and speak to IIO
2) Call 800 and choose cases were seperated option which will go to respective service center and talk to IO.
Some folks are helpful and some are not.. It all depends how you approach and how you can convince.. good luck. Other option is go to Infopass.
more...
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howzatt
07-12 09:33 AM
This and the new rumor that two senators were influencing USCIS clearly implies that the whole mess is a result of the CIR bill.
I can recall watching c-span a few days before the july bulletin came out. He said something on these lines "If we have 400-500,000 legal immigrants in the backlog for the past 4-5 years, how do you think we will able to provide GC to 11 million illegal immigrants?"
A few days after this, the July visa bulletin is released. CIR dies on June 26th or 27th and the two senators(whoever they are) influenced USCIS to "use up" all the numbers. THe more you read into this mess, it becomes clear that CIR was the root cause for the roller coaster ride of emotions.
This stuff is not a revelation but it confirms our suspicion all along that this was a political drama. I dont think this had anything to do with the fee increase.
I hope 60 minutes covers this scandal. If anyone has contacted 60 minutes, can you please let us know their email address?
I can recall watching c-span a few days before the july bulletin came out. He said something on these lines "If we have 400-500,000 legal immigrants in the backlog for the past 4-5 years, how do you think we will able to provide GC to 11 million illegal immigrants?"
A few days after this, the July visa bulletin is released. CIR dies on June 26th or 27th and the two senators(whoever they are) influenced USCIS to "use up" all the numbers. THe more you read into this mess, it becomes clear that CIR was the root cause for the roller coaster ride of emotions.
This stuff is not a revelation but it confirms our suspicion all along that this was a political drama. I dont think this had anything to do with the fee increase.
I hope 60 minutes covers this scandal. If anyone has contacted 60 minutes, can you please let us know their email address?
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zCool
07-27 03:17 PM
Do you work for some desi consultant who is trying to hold you?
Even then Attoreny making willful mistake to help your employer hold you is rare..
I have never heard you not needing signature.
In fact not having signature is reason enough for denial.
Even then Attoreny making willful mistake to help your employer hold you is rare..
I have never heard you not needing signature.
In fact not having signature is reason enough for denial.
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DDash
04-04 11:49 PM
I need some help with my situation. I am currently working for an employer A full time on H-1 B. I-140 Approved (> 180days) and 485 pending (July 2nd filer). I have my EAD. My H-1 is being extended and I have not received my approval notice yet.
I got an offer from employer B for a consulting GIG. I would like to invoke AC-21.
Can someone please answer my questions? :confused:
1) I am planning on doing a H-1 transfer to employer B. Will it be possible to do H-1 transfer while employer A is extending my H-1?
2) Should I let USCIS know that I am changing my employment?
3) I have a job code that I used on LC. Should I maintain the same job code for H-1 transfer as well?
4) I am not sure how big employer B is (not sure how many employees work for them)....does it matter? Should I be concerned if employer B is a small employer? :rolleyes:
5) With employer A I make x dollars. LC reflects this pay. When I switch to employer B should I also make only x dollars or can I make more? :eek:
Thanks in advance for you replies.
I got an offer from employer B for a consulting GIG. I would like to invoke AC-21.
Can someone please answer my questions? :confused:
1) I am planning on doing a H-1 transfer to employer B. Will it be possible to do H-1 transfer while employer A is extending my H-1?
2) Should I let USCIS know that I am changing my employment?
3) I have a job code that I used on LC. Should I maintain the same job code for H-1 transfer as well?
4) I am not sure how big employer B is (not sure how many employees work for them)....does it matter? Should I be concerned if employer B is a small employer? :rolleyes:
5) With employer A I make x dollars. LC reflects this pay. When I switch to employer B should I also make only x dollars or can I make more? :eek:
Thanks in advance for you replies.
kumar1
09-26 09:18 AM
You can do that, however, you would find that after 10 years, you are still looking at different US consulates for visa interview but your friends who remained with one employer, got their GC and they have lot more freedom than you do. It is a very difficult question. Either you can move from job to job and get paid more or you just stick to one, sacrifice some money/flexibility but get thing done in one shot.
Worst possible case would be - you realize after 6 years that you should have stuck with one employer!
Worst possible case would be - you realize after 6 years that you should have stuck with one employer!
cessua
06-09 06:37 PM
So are you guys saying that if this bill passes and it is signed by Bush it won't really help the EB3 group?
Shouldn't we see the priority date moving fast with the stuff below?:
For US Master and higher degrees;
For Medical specialty certification based on post doctoral training experience;
For STEM degrees who have been working in a related field during a 3 yr; period preceding their application for an immigrant visa;
Spouses and children of EB applicants;
Shouldn't we see the priority date moving fast with the stuff below?:
For US Master and higher degrees;
For Medical specialty certification based on post doctoral training experience;
For STEM degrees who have been working in a related field during a 3 yr; period preceding their application for an immigrant visa;
Spouses and children of EB applicants;
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