realist
01-27 09:21 AM
I see an update on jan 24 on this bill to grant 55000 visas for advance degree holders from DV lottery. Does this mean progress? Rest of the immigration bills never make it to the sub committee.
Jan 5th Referred to the House Committee on the Judiciary.
Jan 24th Referred to the Subcommittee on Immigration Policy and Enforcement
This is interesting, and if the DV system is taken out, it will help many in the eb category. This is good, hopefully it will come to a vote.
Jan 5th Referred to the House Committee on the Judiciary.
Jan 24th Referred to the Subcommittee on Immigration Policy and Enforcement
This is interesting, and if the DV system is taken out, it will help many in the eb category. This is good, hopefully it will come to a vote.
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pthoko
07-11 02:42 PM
How come they are staying beyond 6 months?? Did u get an extension??
Carlau
12-11 02:09 PM
From what I understand you can only and still will only be able to file I-485 when your PD is current. Now, if you belong to rest of the world EB2 the moment your labor clears your PD is current so you can file at the same time I-485 and I-140. In future you will have to delay the filing of I-485 for the three months that I-140 takes to clear (if your PD is current the moment the labor clears).
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vardinishankar
03-02 03:11 PM
Thanks Krishna and snathan! That answers most of my questions.
snathan:
11) is it possible to switch the GC processing to "future employment", although the Labor/I-140 were approved with the understanding that I was to continue working for the same employer?
12) is the H1 visa/Priority Date of approved labor/I-140 carried over when the individual changes citizenship - from Indian to Canadian?
NO
I guess you meant "NO" to # 11 and "YES" to #12 - right?
snathan:
11) is it possible to switch the GC processing to "future employment", although the Labor/I-140 were approved with the understanding that I was to continue working for the same employer?
12) is the H1 visa/Priority Date of approved labor/I-140 carried over when the individual changes citizenship - from Indian to Canadian?
NO
I guess you meant "NO" to # 11 and "YES" to #12 - right?
more...
alterego
12-25 03:31 PM
MTR = Motion to reopen. Filed if a case is denied, by submitting additional evidence etc.
NOID = Notice of intent to deny(this is what the USCIS usually sends you in cases where they plan to deny your 485, sometimes, usually if there is willful fraud etc. they deny straight away)
NOID = Notice of intent to deny(this is what the USCIS usually sends you in cases where they plan to deny your 485, sometimes, usually if there is willful fraud etc. they deny straight away)
bharani
10-02 10:57 AM
IMHO If you have money save it for future payments(atleast a year's payments). If you lose job, this money will help make your payments.
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prashantkh
08-31 01:26 PM
We can email the whole report to all the major news corporations, I can email it to Colorado's local media too with the hope that some of them might publish it if not all. Doesn't hurt to try.
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PK
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deba
05-22 05:27 PM
Buddy, what were you doing for 40 days after your got terminated? If you knew it was coming you should have made efforts to transfer H1 or right after. If you transfer H1, then obviously INS will look for pay stubs etc from the last sponsoring co. Since you mentioned you never actually worked for them (if I understand this right) then you are in trouble. You can use EAD but you lose your H1 status. If you want to get back to H1 then you are back in the lottery mess to qualify for one. Obviously you need to decide what is important to you at this point. Marriage or your job/GC. Good luck.
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gconmymind
06-17 04:08 PM
Thanks for the info. I still have a few doubts.
For 1. I will be having the marriage certificate at the time of filing, which will be in July. That time my spouse will be in India, as she will apply for her H4 and then come (latest by August). What I wanted to know is that if my PD is NOV 2006, doesn't that make me current. I know people are saying that visa numbers may not be availabe in Sep, but if all PD are current till June 2007, and if my wife will get my PD, what difference does it make if she files in Aug or Dec 2007. What will happen in Dec that will not let her file I-485. I am meeting my attorney next week, but with the pathetic interview scheduling system, it would be good to know so I can get an earlier date for her.
The priority dates are current right now and anybody with approved labor can file 485 (concurrently with 140 if that is not approved/filed). Your priority date is Nov 06, so you can file now, but by the time your spouse is in US, the dates may retrogress (for example, lets say for discussion sakes - Jan 06). In that case, if the dates eligible for filing are before Nov 06, your wife will need to wait till the date becomes Nov 06 again. Hope this clarifies some of your questions.
I am in the same situation and trying to figure out the best way possible. Please let me know if you or anyone finds anything relevant. Thanks guys, this is a very good forum!!
For 1. I will be having the marriage certificate at the time of filing, which will be in July. That time my spouse will be in India, as she will apply for her H4 and then come (latest by August). What I wanted to know is that if my PD is NOV 2006, doesn't that make me current. I know people are saying that visa numbers may not be availabe in Sep, but if all PD are current till June 2007, and if my wife will get my PD, what difference does it make if she files in Aug or Dec 2007. What will happen in Dec that will not let her file I-485. I am meeting my attorney next week, but with the pathetic interview scheduling system, it would be good to know so I can get an earlier date for her.
The priority dates are current right now and anybody with approved labor can file 485 (concurrently with 140 if that is not approved/filed). Your priority date is Nov 06, so you can file now, but by the time your spouse is in US, the dates may retrogress (for example, lets say for discussion sakes - Jan 06). In that case, if the dates eligible for filing are before Nov 06, your wife will need to wait till the date becomes Nov 06 again. Hope this clarifies some of your questions.
I am in the same situation and trying to figure out the best way possible. Please let me know if you or anyone finds anything relevant. Thanks guys, this is a very good forum!!
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prinive
12-24 01:10 PM
I keep on hearing about cases of 2000 and before. Good luck to your friend. I am with PD Sep 2001 and I am too mentally prepared to wait for more years..:D
I recently came across an old friend of mine. I was shocked to hear his case. He is an original applicant EB3 India with PD of September 1998. Please note he is the original applicant and this is not labor substitution.
Here are the details
Sep 1998 : Applied with Texas Workforce Commision as regular Non RIR.
Oct 2001: TWC asked to do recruitment. No action was taken on submitting results.
October 2006 : Labor finally approved from Dallas BEC. Concurrently file I 140 and I 485.
Jan 2007 : I 140 approved.
Nov 2007: Took Infopass appointment. Was told case pending name check.
This case is absolutely amazing. My friend doesnt care anymore since he recently married US citizen (genuine case ABCD). He has worked at the same company since 1998 and stuck to stupid job (non IT). My PD is August 2001 and seeing his case I am getting mentally prepared for much much longer wait.
Thanks
I recently came across an old friend of mine. I was shocked to hear his case. He is an original applicant EB3 India with PD of September 1998. Please note he is the original applicant and this is not labor substitution.
Here are the details
Sep 1998 : Applied with Texas Workforce Commision as regular Non RIR.
Oct 2001: TWC asked to do recruitment. No action was taken on submitting results.
October 2006 : Labor finally approved from Dallas BEC. Concurrently file I 140 and I 485.
Jan 2007 : I 140 approved.
Nov 2007: Took Infopass appointment. Was told case pending name check.
This case is absolutely amazing. My friend doesnt care anymore since he recently married US citizen (genuine case ABCD). He has worked at the same company since 1998 and stuck to stupid job (non IT). My PD is August 2001 and seeing his case I am getting mentally prepared for much much longer wait.
Thanks
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mgos
07-14 08:18 PM
The you in Michael Moore's letter I copied within quotes refers to CNN!
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Tito_ortiz
01-31 03:58 PM
Based on what you believe that "BC has a much higher standard of living than Boston?". I hope that is not one of those silly annual surveys in which they interview low income and beggars on the streets and rate mainly based on health care and welfare for them.
Regarding raising kids, if you believe that doing that around prostitutes, lesbians and drugs is a good thing, so go ahead and live in BC.
Read the below for some truth about the Socialist Canada. I lived there and I know how it is.
www.notcanada.com
I would say Canada because British Columbia has a much higher standard of living than Boston. Canada is generally a much better place for raising kids and the stress levels are lower because of freebies like health care etc. BC also has a much better weather compared to Boston.
The other reason is that you could always come to the USA from Canada later but if you lose the Canadian PR now and don't manage to get a green card in the US, you lose everything.
Regarding raising kids, if you believe that doing that around prostitutes, lesbians and drugs is a good thing, so go ahead and live in BC.
Read the below for some truth about the Socialist Canada. I lived there and I know how it is.
www.notcanada.com
I would say Canada because British Columbia has a much higher standard of living than Boston. Canada is generally a much better place for raising kids and the stress levels are lower because of freebies like health care etc. BC also has a much better weather compared to Boston.
The other reason is that you could always come to the USA from Canada later but if you lose the Canadian PR now and don't manage to get a green card in the US, you lose everything.
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optimystic
09-19 06:52 PM
Reddog,
Smart.
It should be how many non-citizen children.
But you both missed one more applicant, the spouse.
The question should be,
Are you married and if so, how many children you have who are non-citizens. We do hope most of them should be unmarried:D.
Am I smart too..
:)
Sri.
Well the smart question would simply be a multiple choice
How many derivate/dependent applications filed along with your I-485 applications?
a) 1 (just spouse)
b) 2 (spouse + kid)
c) 3 (spouse + 2 kids)
4) I should get vasectomy
Peace. :)
Smart.
It should be how many non-citizen children.
But you both missed one more applicant, the spouse.
The question should be,
Are you married and if so, how many children you have who are non-citizens. We do hope most of them should be unmarried:D.
Am I smart too..
:)
Sri.
Well the smart question would simply be a multiple choice
How many derivate/dependent applications filed along with your I-485 applications?
a) 1 (just spouse)
b) 2 (spouse + kid)
c) 3 (spouse + 2 kids)
4) I should get vasectomy
Peace. :)
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waitnwatch
05-06 01:02 PM
Some states have the provision that instate tuition rates will only apply to permanent residents while others allow H1-B's to avail of instate tuition. I know for sure that Pennsylvania is in the permanent resident camp while Colorado allows instate to H1-B's. As mentioned previously it is the state legislature along with the commision on higher education which create the rules.
It would be interesting to compile a list of all 50 states to see where each state stands. To do that though it would help if folks residing in different states chime in. Otherwise it would be too difficult to sift through the higher education commission websites for each individual state.
It would be interesting to compile a list of all 50 states to see where each state stands. To do that though it would help if folks residing in different states chime in. Otherwise it would be too difficult to sift through the higher education commission websites for each individual state.
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GCwaitforever
01-25 01:28 PM
I like ur idea, can you design this or get someone to do this. It still has to have the same basic principle. we all have ideas we need someone to actually do this since we are mostly IT folks with programming skills can we get a volunteer or a group of volunteer who can do this?
I can work on this over a weekend. However, the contribution information is known only to the core group. So someone in the core group will have to enter contribution info into the database and set up the procedure call to return only the member level and not the contribution amount to shield info.
I can work on this over a weekend. However, the contribution information is known only to the core group. So someone in the core group will have to enter contribution info into the database and set up the procedure call to return only the member level and not the contribution amount to shield info.
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quizzer
10-16 04:21 PM
Hi Guys,
My LCA has Computer Software Engineer as job title.I have 5 years of Experience as Oracle functional consultant.Currently I'm working as Oracle consultant.My 140 is approved and got my EAD card.In jan 2008 it will be 180 days of filing 485.I want to change my career towards IT Sales.
I have an offer from an American Staffing company as a Technical Recruiter.The job responsibilities include hiring Software Engineers.But the job title is different from my LCA.I want to join this company using EAD in jan 2008 and apply AC 21.Today I have checked with my Lawyer this is what she says"
In instances such as this, when we send the letter to the USCIS regarding AC21, we include the following details with reference to the job title. � Although the job title differs, the job duties are substantially the same. The title used by the company is their internal designation for this position."
She says that i will be able to work as Technical Recruiter using EAD.Any one can suggest me on this?I have very little knowledge about AC 21 and how it works
Thanks in advance
h12gc
I would not do this as the job responsibility is completely different. Just curious why do you want to change from oracle functional to Recruiter???
Take the opinion of many lawyers and experts before even thinking about doing this.
Thanks
My LCA has Computer Software Engineer as job title.I have 5 years of Experience as Oracle functional consultant.Currently I'm working as Oracle consultant.My 140 is approved and got my EAD card.In jan 2008 it will be 180 days of filing 485.I want to change my career towards IT Sales.
I have an offer from an American Staffing company as a Technical Recruiter.The job responsibilities include hiring Software Engineers.But the job title is different from my LCA.I want to join this company using EAD in jan 2008 and apply AC 21.Today I have checked with my Lawyer this is what she says"
In instances such as this, when we send the letter to the USCIS regarding AC21, we include the following details with reference to the job title. � Although the job title differs, the job duties are substantially the same. The title used by the company is their internal designation for this position."
She says that i will be able to work as Technical Recruiter using EAD.Any one can suggest me on this?I have very little knowledge about AC 21 and how it works
Thanks in advance
h12gc
I would not do this as the job responsibility is completely different. Just curious why do you want to change from oracle functional to Recruiter???
Take the opinion of many lawyers and experts before even thinking about doing this.
Thanks
more...
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bvibhu
03-03 10:51 AM
I took the pain of driving to NY all the way from Boston to get my passport renewed. I woke up at 3:00AM and stated off at 4:00AM so that I could reach the consulate by 8:00AM. I was told by my friends that I would get it in the evening itself. Unfortunately, I was faced with severe disappointment that they are no longer returning the passports on the same day. The worst part about the Indian consulate in NY is that they didn't update their Website. When I called them several times, non one answers the phone and speaks with courtesy.
After arriving at the consulate, we were made to wait in the cold for atleast an hour until 9:15AM (They open the doors at 9:30AM). They have no mercy for people. Also, the approach they took to call out people was terrible. It was like a fish market. I asked them if would get my passport back on the same day. I didn't get a straight answer until my number was called. I went there and atleast that lady talked to me with respect with a smiling on her face. Atlast I was told that they are not returning the passport on the same day. They asked me to pay 20 extra dollars so that they'd send the passport by Express mail (USPS). She also told me that I can track the passport.
I then drove back to Boston, the same afternoon. After exactly a week, I got the new passport booklet along with my old passport. I am fortunate enough to have all of the details printed accurately.
My strong advise to everyone is to send their passports by mail.
After arriving at the consulate, we were made to wait in the cold for atleast an hour until 9:15AM (They open the doors at 9:30AM). They have no mercy for people. Also, the approach they took to call out people was terrible. It was like a fish market. I asked them if would get my passport back on the same day. I didn't get a straight answer until my number was called. I went there and atleast that lady talked to me with respect with a smiling on her face. Atlast I was told that they are not returning the passport on the same day. They asked me to pay 20 extra dollars so that they'd send the passport by Express mail (USPS). She also told me that I can track the passport.
I then drove back to Boston, the same afternoon. After exactly a week, I got the new passport booklet along with my old passport. I am fortunate enough to have all of the details printed accurately.
My strong advise to everyone is to send their passports by mail.
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gc_check
01-11 12:41 AM
All,
My employer revoked the i140 of a person after 180 days. He did not reveal this information to me and used labor substitution for me.
The other person used AC21 and got his 485 approved. INS has denied my I140 since a 485 has already been approved and there can be only one GC on one labor. INS says that once the 485 is approved that job ceases to exist.
My company is saying that they have done this in the past and got approvals. They are saying that they applied the I140 substitution long before the 485 approval of the other person.
Now they are saying that they will appeal that the other guy never had the intention of working for the comapany.
Is there any chance for the I140 approval and using the existing labor ? If not will the INS help me keep the Priority Date.
Does anyone have knowledge of such cases (or) know the results of such appeals.
Thanks !
I would suggest, you explore other option and try a join a new employer to process GC rather than looking for options that are uncertain. Although, I feel sorry for your case, it does not sound right to jump lines, while so many people are waiting in line for GC for many many years. There are certain genuine cases in LC Substitution case, but these are very few in numbers, and also it just can't be right when someone just gets ahead of you, while you are waiting for years. It is really good, that LC Substitution is eliminated, so that people like you do no loose the precious time depending on these employers like this and also people who are waiting for years get their chance first. Appealing, etc can be done, but a positive outcome is very very slim in this case, if the original person had worked for this employer for 180 days or more and invoked AC21, then AC21 protects the original beneficiary. If original beneficiary has not worked for this employer at all, then there might be a small chance, but still it is very complicated. As posted here, talk to an attorney other than your employers attorney or yours and get a second opinion and decide accordingly.
My employer revoked the i140 of a person after 180 days. He did not reveal this information to me and used labor substitution for me.
The other person used AC21 and got his 485 approved. INS has denied my I140 since a 485 has already been approved and there can be only one GC on one labor. INS says that once the 485 is approved that job ceases to exist.
My company is saying that they have done this in the past and got approvals. They are saying that they applied the I140 substitution long before the 485 approval of the other person.
Now they are saying that they will appeal that the other guy never had the intention of working for the comapany.
Is there any chance for the I140 approval and using the existing labor ? If not will the INS help me keep the Priority Date.
Does anyone have knowledge of such cases (or) know the results of such appeals.
Thanks !
I would suggest, you explore other option and try a join a new employer to process GC rather than looking for options that are uncertain. Although, I feel sorry for your case, it does not sound right to jump lines, while so many people are waiting in line for GC for many many years. There are certain genuine cases in LC Substitution case, but these are very few in numbers, and also it just can't be right when someone just gets ahead of you, while you are waiting for years. It is really good, that LC Substitution is eliminated, so that people like you do no loose the precious time depending on these employers like this and also people who are waiting for years get their chance first. Appealing, etc can be done, but a positive outcome is very very slim in this case, if the original person had worked for this employer for 180 days or more and invoked AC21, then AC21 protects the original beneficiary. If original beneficiary has not worked for this employer at all, then there might be a small chance, but still it is very complicated. As posted here, talk to an attorney other than your employers attorney or yours and get a second opinion and decide accordingly.
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sc3
08-13 08:03 PM
Dear IVans,
Now that the SEP VB is out, what does this indicate in terms of
- future VBs
- visa availability in the coming months
- awareness about visa wastage
- dates becoming current for most EB categories
- light at the end of tunnel for most of us
- USCIS efficiencies
Pls share your thoughts. Thanks!
USCIS is not efficient, and in fact they are playing with EB3s. There needs to be better transparency, and better adherence to the laws.
Now that the SEP VB is out, what does this indicate in terms of
- future VBs
- visa availability in the coming months
- awareness about visa wastage
- dates becoming current for most EB categories
- light at the end of tunnel for most of us
- USCIS efficiencies
Pls share your thoughts. Thanks!
USCIS is not efficient, and in fact they are playing with EB3s. There needs to be better transparency, and better adherence to the laws.
sriramkalyan
04-03 11:08 AM
Can we get the list of Donors & Non Donors ..
I wont donate unless my permissions to start a thread is revoked!! ..
I wont donate unless my permissions to start a thread is revoked!! ..
laborlabor
02-28 08:41 PM
This is great I guess the decision to hire a strategic counsel is clearly proving to be right..
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