hopefulgc
06-02 09:23 AM
Most status related issues are wiped off after a travel outside US.
What I would worry about most is if any misrepresentation was made to USCIS as far as status goes. Years later or even during naturalization, one's could face audit and possible revocation of an approved application.
I have a similar question that has been bugging me for some time and hasn't gotten a clear answer. Here is the details and not sure if there would be any problem to I-485.
1. My wife came to US on H4 in Dec '03 which is valid up to sept' 06. Given I-94 reflecting same.
2. Traveled outside US on H4 twice and each time got new I-94 till Set' 06.
3. Applied for H1B and got approved for adjustment for status from Oct' 2005 with I-94 at the bottom of approval notice. H1B approval notice and I94 is valid till sept' 2008.
4. Employer (consulting firm) insisted on getting SS number before searching for projects so applied for SS# and waited.
5. After delays received SS card in March' 06.
6. Found a project soon, but the start date was from June ' 06 and 'officially' joined the company from June' 06.
7. Employer asked for a signed letter from my wife that due to health reasons, she is joining two months late - not sure if it is purely for their safety or ours?.
8. Continuous paychecks since jun '06
9. Haven't traveled abroad after getting H1B approved.
9. Applied for I485 together in June' 07 with me being direct beneficiary and wife being derivative. Submitted all documents i., passports, I-94, approval notices, w-2, tax returns, employment letter etc for both.
So the question is not getting paychecks or not joining the company immediately can cause any problem to her I485? I read some where that It is not a problem for H1B AOS as person is not required to join the employer immediately after getting approved for H4 to H1B AOS and it is a problem only if entered the country on H1B and not receiving paychecks in between.. Is this true??
Also, it says on USCIS website that employee-employer relation is critical for H1B and employee can be on vacation, sick, out of pay etc. Not exactly sure what it means by relation.
What I would worry about most is if any misrepresentation was made to USCIS as far as status goes. Years later or even during naturalization, one's could face audit and possible revocation of an approved application.
I have a similar question that has been bugging me for some time and hasn't gotten a clear answer. Here is the details and not sure if there would be any problem to I-485.
1. My wife came to US on H4 in Dec '03 which is valid up to sept' 06. Given I-94 reflecting same.
2. Traveled outside US on H4 twice and each time got new I-94 till Set' 06.
3. Applied for H1B and got approved for adjustment for status from Oct' 2005 with I-94 at the bottom of approval notice. H1B approval notice and I94 is valid till sept' 2008.
4. Employer (consulting firm) insisted on getting SS number before searching for projects so applied for SS# and waited.
5. After delays received SS card in March' 06.
6. Found a project soon, but the start date was from June ' 06 and 'officially' joined the company from June' 06.
7. Employer asked for a signed letter from my wife that due to health reasons, she is joining two months late - not sure if it is purely for their safety or ours?.
8. Continuous paychecks since jun '06
9. Haven't traveled abroad after getting H1B approved.
9. Applied for I485 together in June' 07 with me being direct beneficiary and wife being derivative. Submitted all documents i., passports, I-94, approval notices, w-2, tax returns, employment letter etc for both.
So the question is not getting paychecks or not joining the company immediately can cause any problem to her I485? I read some where that It is not a problem for H1B AOS as person is not required to join the employer immediately after getting approved for H4 to H1B AOS and it is a problem only if entered the country on H1B and not receiving paychecks in between.. Is this true??
Also, it says on USCIS website that employee-employer relation is critical for H1B and employee can be on vacation, sick, out of pay etc. Not exactly sure what it means by relation.
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Tito_ortiz
12-04 11:29 PM
Alterego,
It may be right. Knowing the Indian government well, they would be the first ones interested in keeping as many people as they could on H visa, so that they would have transferable income to India. India would have even less reasons in any immigration reform for US permanent residency, as that could make us settle here and say bye, bye to India government and their cash cow.
Alterego, one more time you are right.
Tito
Yeah I get that the money will be transferred from the Social security system here to the Indian Govt system.
My point is it does not do a damn thing for us workers personally. That money will dissapear into a dark hole in the Indian Gov't coffers instead of a dark hole here, further as the rules stand, I have a slim chance of getting the money from here through social security payments when I turn 65 even if I am in India. Try that within the money in Indian gov't hands.
On the other hand, it makes the Indian gov't allign with corporate america, as they all have a vested interest in a Temp. worker program such as H1b absent green cards. Which will be a win win for all concerned except us.
So I repeat my question..................Why is this good again?
It may be right. Knowing the Indian government well, they would be the first ones interested in keeping as many people as they could on H visa, so that they would have transferable income to India. India would have even less reasons in any immigration reform for US permanent residency, as that could make us settle here and say bye, bye to India government and their cash cow.
Alterego, one more time you are right.
Tito
Yeah I get that the money will be transferred from the Social security system here to the Indian Govt system.
My point is it does not do a damn thing for us workers personally. That money will dissapear into a dark hole in the Indian Gov't coffers instead of a dark hole here, further as the rules stand, I have a slim chance of getting the money from here through social security payments when I turn 65 even if I am in India. Try that within the money in Indian gov't hands.
On the other hand, it makes the Indian gov't allign with corporate america, as they all have a vested interest in a Temp. worker program such as H1b absent green cards. Which will be a win win for all concerned except us.
So I repeat my question..................Why is this good again?
Alabaman
09-14 03:22 PM
I have several friends who were waiting for GC desparately and they thought it was the final destination. They had many reasons why to get GC and once they get, they will be free and can do / will do everything possible. But, once they got it, they settled in a permanent job. Without GC, they were working for the same client with even more pay and life was good if not better.
I was thinking the same way; because I am no different.
Oflate, I realised, I am un-necessarily worried about something which is not in my control. I realised that I am well paid, with this pay even the benefits I am not getting are compensated. Why am I worried? Should I be after GC in order to get peace of mind? I started looking it little differently. I am in this country to earn more money and live comfortably. I am already enjoying what I wanted. Then, why am I worried still? May be it is in human nature to always look for something which is not in the hands.
I still need GC for other things like Children education and get some other benefits (our education / starting business etc). I agree, but there is lot of time for that in my case. There are several people who are in the same state as me if not all. Everyone's needs are different.
I thought I will just share my ideas so that atleast some of the people will be happier.
So what are your ideas?
I was thinking the same way; because I am no different.
Oflate, I realised, I am un-necessarily worried about something which is not in my control. I realised that I am well paid, with this pay even the benefits I am not getting are compensated. Why am I worried? Should I be after GC in order to get peace of mind? I started looking it little differently. I am in this country to earn more money and live comfortably. I am already enjoying what I wanted. Then, why am I worried still? May be it is in human nature to always look for something which is not in the hands.
I still need GC for other things like Children education and get some other benefits (our education / starting business etc). I agree, but there is lot of time for that in my case. There are several people who are in the same state as me if not all. Everyone's needs are different.
I thought I will just share my ideas so that atleast some of the people will be happier.
So what are your ideas?
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th5000th
11-30 06:55 PM
Following is Ron`s observation
.
There is an error in the initial explanation of the quota. As I read this analysis, they are suggesting that the single state limit is 25,620 - irrespective of whether the visas are issued in family or employment based. This suggests that a country with heavy family based demand, but light employment based demand, could use more than 7% of the EB or FB quota as long as they remained under 25,620 overall. This is wrong. The 7% limit applies independently to FB and EB. A country could have no demand in one area, and enormous demand in the other and the side with the excessive demand would still be limited to 7% of that quota - not 7% of the combined quota.
Also, I think that their estimates for China and India EB2 are too pessimistic.
__________________
What? too pessimistic or too optimistic?
.
There is an error in the initial explanation of the quota. As I read this analysis, they are suggesting that the single state limit is 25,620 - irrespective of whether the visas are issued in family or employment based. This suggests that a country with heavy family based demand, but light employment based demand, could use more than 7% of the EB or FB quota as long as they remained under 25,620 overall. This is wrong. The 7% limit applies independently to FB and EB. A country could have no demand in one area, and enormous demand in the other and the side with the excessive demand would still be limited to 7% of that quota - not 7% of the combined quota.
Also, I think that their estimates for China and India EB2 are too pessimistic.
__________________
What? too pessimistic or too optimistic?
more...
Jimi_Hendrix
12-13 10:43 AM
Can you explain why EB2 ROW is flowing to EB3 and not to EB2 India?
EdenMN
06-27 02:39 PM
Mr. janakP
if you can not suggest a good place to get photos, that's ok. but
watch your tongue, before commenting on someone....
if you can not suggest a good place to get photos, that's ok. but
watch your tongue, before commenting on someone....
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wellwishergc
04-10 09:02 PM
I agree with bharnik..
Perhaps, we are looking at things through the same perspective that everybody is looking at. Remember that the senators and congressmen include clauses what are provided by people like us or by businesses; for instance - the wording of the amendment that Senator Borwnback brought about, should have been a combination of materials from IV and other sources. I am sure that very few congressmen/leaders know what I-485 process or EAD actually means. People like us who are affected by the GC process have these form numbers and the corresponding processes on the top of our head. I suspect this is the case with the senators/congressmen or their staff, since 'legal immigration' is just 1 topic out of the numerous topics that they have to deal with.
So, I re-iterate that we need to work on things simultaneously. If one group is working through the congress, another group should target the agencies such as DOL, Service Centers.
I think, it is much easier for DOL or Service centers to bring about a 'memorandum' within the legal boundaries of the existing law; to best put it, to change the interpretations.
It is the same with the current bill under debate. It will take years before each and every aspect of the bill, once passed, is intrepreted and implemented. In the meanwhile some may get lucky by a certain interpretation, some may not. - until the final interpretation is confirmed.
IV has the clout now to approach agencies, explain to them our argument and see if we are able to convince them for short-term reliefs. It is just a matter of trying.
Bee:
Thanks for the link to the summary. But therein itself lies the solution. As you can see from the summary, the EAD eligibility in all cases explained above is in cases which does not impact the GC quota. Apparently, people against whom removal process is initiated is eligible to receive an EAD!!! Also, as you mentioned in your post, the CFR is not a law, it is an interpretation of law made by the agencies and the agencies are free to change the applicability, extension, conditions of eligibility for EAD as they seem fit. The reason is because COngress never foresaw these huge wait times when they passed the INA (in fact our FAQs make that pretty clear). I think if a little bit of persuasion is applied by the right people to the right places, we may just make this work. I agree with Raj, maybe we should take this a bit farther and see what develops.
Another compelling reason for doing this is the fact that even if the CIR were to be passed, by the time the agencies develop their regulations we are easily looking at another 2 yrs plus before we see the effects of the CIR.
I guess I am done on this topic. It was just a thought that I felt should be put out there for discussion.
Perhaps, we are looking at things through the same perspective that everybody is looking at. Remember that the senators and congressmen include clauses what are provided by people like us or by businesses; for instance - the wording of the amendment that Senator Borwnback brought about, should have been a combination of materials from IV and other sources. I am sure that very few congressmen/leaders know what I-485 process or EAD actually means. People like us who are affected by the GC process have these form numbers and the corresponding processes on the top of our head. I suspect this is the case with the senators/congressmen or their staff, since 'legal immigration' is just 1 topic out of the numerous topics that they have to deal with.
So, I re-iterate that we need to work on things simultaneously. If one group is working through the congress, another group should target the agencies such as DOL, Service Centers.
I think, it is much easier for DOL or Service centers to bring about a 'memorandum' within the legal boundaries of the existing law; to best put it, to change the interpretations.
It is the same with the current bill under debate. It will take years before each and every aspect of the bill, once passed, is intrepreted and implemented. In the meanwhile some may get lucky by a certain interpretation, some may not. - until the final interpretation is confirmed.
IV has the clout now to approach agencies, explain to them our argument and see if we are able to convince them for short-term reliefs. It is just a matter of trying.
Bee:
Thanks for the link to the summary. But therein itself lies the solution. As you can see from the summary, the EAD eligibility in all cases explained above is in cases which does not impact the GC quota. Apparently, people against whom removal process is initiated is eligible to receive an EAD!!! Also, as you mentioned in your post, the CFR is not a law, it is an interpretation of law made by the agencies and the agencies are free to change the applicability, extension, conditions of eligibility for EAD as they seem fit. The reason is because COngress never foresaw these huge wait times when they passed the INA (in fact our FAQs make that pretty clear). I think if a little bit of persuasion is applied by the right people to the right places, we may just make this work. I agree with Raj, maybe we should take this a bit farther and see what develops.
Another compelling reason for doing this is the fact that even if the CIR were to be passed, by the time the agencies develop their regulations we are easily looking at another 2 yrs plus before we see the effects of the CIR.
I guess I am done on this topic. It was just a thought that I felt should be put out there for discussion.
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ppt.b
04-09 11:42 AM
Agreed 100%. Last year I was part of this lottery system, had a genuine job offer but was not lucky enough to be selected in the lottery. I know so many people who were lucky to get thru the lottery but are still hunting for jobs.
I hope this changes....may be after Presidential elections....
I hope this changes....may be after Presidential elections....
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gc@waiting
10-03 03:12 PM
Mine was filed in NSC on July 24th, I140/485 only got transfered to TSC on Sept 14th, Got EAD from CSC on Sept 21, AP from CSC on Sept 25, FP notice on Sept 29th for october 16th.
EB3 India, PD:Feb 2005.
EB3 India, PD:Feb 2005.
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salcom3
07-13 07:59 PM
I totally agree with you akgind.
Here is my daughter's case:
1994 she was 8 years old when we brought her to USA
2002 asylum case was denied, we had to go back to our country (we didn't stay illegaly)
2002 after one month we came back, with H-1 visa, daughter with H-4
2003 I applied for LC
2006 My daughter turned 21 - She had to change status to F-1 (of course college fees were triple). She is out of LC process because of her age.
2007 LC approved, she is still F-1 and paying a lot of money in tuition.
I mean, these kids like my daughter (and I am sure there are thousands like her), deserve a break too. If the DREAM ACT is going to benefit illegal persons, it should also benefit children that have waited for their parents' LC process for long years only to see their hopes destroyed.
Here is my daughter's case:
1994 she was 8 years old when we brought her to USA
2002 asylum case was denied, we had to go back to our country (we didn't stay illegaly)
2002 after one month we came back, with H-1 visa, daughter with H-4
2003 I applied for LC
2006 My daughter turned 21 - She had to change status to F-1 (of course college fees were triple). She is out of LC process because of her age.
2007 LC approved, she is still F-1 and paying a lot of money in tuition.
I mean, these kids like my daughter (and I am sure there are thousands like her), deserve a break too. If the DREAM ACT is going to benefit illegal persons, it should also benefit children that have waited for their parents' LC process for long years only to see their hopes destroyed.
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ameryki
10-09 11:20 PM
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boreal
01-19 04:08 PM
I have sent the letter to President as well as IV.
Sent the letter to the President and IV.
Sent the letter to the President and IV.
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maine_gc
07-06 04:55 PM
I support this action item.
Here is my story. I came to US in 2001 and was able to get the visa stamping done in US twice. My visa expired in 2005. Since the revalidation in US is stopped in 2004, i did not go to India until i received my AP in 2007. This is because i know couple of friends (brothers) who were stuck in India for almost 3 months when they went for marriage in 2005. So i decided not to take the risk. I went to India in 2008 and returned back on AP.
Now i cannot use AP anymore because my I140 was denied by USCIS. This is for sure an error by USCIS. In the denial letter they said my company applied for X number of green cards which is not true. Green cards applied by the company are too low compared to the number provided by the USCIS. My appeal is pending at AAO. If the revalidation of visa can be done in US, i can get it stamped and visit the family in India instead of waiting for the decision on the appeal.
Here is my story. I came to US in 2001 and was able to get the visa stamping done in US twice. My visa expired in 2005. Since the revalidation in US is stopped in 2004, i did not go to India until i received my AP in 2007. This is because i know couple of friends (brothers) who were stuck in India for almost 3 months when they went for marriage in 2005. So i decided not to take the risk. I went to India in 2008 and returned back on AP.
Now i cannot use AP anymore because my I140 was denied by USCIS. This is for sure an error by USCIS. In the denial letter they said my company applied for X number of green cards which is not true. Green cards applied by the company are too low compared to the number provided by the USCIS. My appeal is pending at AAO. If the revalidation of visa can be done in US, i can get it stamped and visit the family in India instead of waiting for the decision on the appeal.
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InTheMoment
08-15 02:42 PM
Two things I would like to mention here:
First, a possibilty of an RFE for your laetest Employment Verification only arises when certain red-flags are raised. Among them are:
1.) Address on file (which has changed after filing I-485) is in a different state from the place of employment. Now I am sure the officer knows that DC and Virginia/Maryland or NH and MA are different states but still they can be daily commuter workers sou could be spared.
I have seen more than a bunch of folks getting RFE's for this specific reason.
2.) Long time (upto the discretion of the CAO..but I feel it is more than 18 months) has passed since the I-485 has filed.
3.) Any other history of excessive job-hopping.
Please pitch in if you know any other substantive reason.
Second,
For the job description from the new employer: I would say put whatever the new employer says but make sure ...for sure to copy paste two related sentences from your old job desc. into the new one to be the first bullets in the description.
I had changed jobs using AC21, used EAD, moved to a different state (5-6 states apart, i.e not a daily commuter) had a slightly different job title. Oh I was so sure that I would get an RFE ...I made sure I sent the AC21 docs against the advise of my attorney (he wanted CIS to send the RFE, made no sense as that would have literally wasted time and my money ;))...and did all the things that I just said about the new EVL...and got the I-485 approved without any issues.
Go ahead and make the best of AC21!:)
First, a possibilty of an RFE for your laetest Employment Verification only arises when certain red-flags are raised. Among them are:
1.) Address on file (which has changed after filing I-485) is in a different state from the place of employment. Now I am sure the officer knows that DC and Virginia/Maryland or NH and MA are different states but still they can be daily commuter workers sou could be spared.
I have seen more than a bunch of folks getting RFE's for this specific reason.
2.) Long time (upto the discretion of the CAO..but I feel it is more than 18 months) has passed since the I-485 has filed.
3.) Any other history of excessive job-hopping.
Please pitch in if you know any other substantive reason.
Second,
For the job description from the new employer: I would say put whatever the new employer says but make sure ...for sure to copy paste two related sentences from your old job desc. into the new one to be the first bullets in the description.
I had changed jobs using AC21, used EAD, moved to a different state (5-6 states apart, i.e not a daily commuter) had a slightly different job title. Oh I was so sure that I would get an RFE ...I made sure I sent the AC21 docs against the advise of my attorney (he wanted CIS to send the RFE, made no sense as that would have literally wasted time and my money ;))...and did all the things that I just said about the new EVL...and got the I-485 approved without any issues.
Go ahead and make the best of AC21!:)
more...
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willigetagc
07-26 11:26 AM
oooh! the worries never cease...:D
I am now worried that eventually we will all get the GC and then we will sit out for 5-7 years and get a citizenship... Then make a trip to india only to realize that the the world has shifted.
Then it is all back to square 1, H1, GC, citizenship in India.... :D
I am now worried that eventually we will all get the GC and then we will sit out for 5-7 years and get a citizenship... Then make a trip to india only to realize that the the world has shifted.
Then it is all back to square 1, H1, GC, citizenship in India.... :D
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singhsa3
02-12 12:11 PM
Unfortunately, this will require change in Law and is not an Admin Fix
I request everybody to add one line in the letter for Consular processing filers as they should be allowed to get AC21 and EAD facilities now. This law came earlier only for 485 filers because CP process was fast but now due to retrogession all CP filers are waiting for Years and in the worst sitauation as 485 filers are enjoying their freedom with AC21 and EAD
Immmigration Voice I'll appreciate if you could add this agenda in you campaign letter.
Thanks
I request everybody to add one line in the letter for Consular processing filers as they should be allowed to get AC21 and EAD facilities now. This law came earlier only for 485 filers because CP process was fast but now due to retrogession all CP filers are waiting for Years and in the worst sitauation as 485 filers are enjoying their freedom with AC21 and EAD
Immmigration Voice I'll appreciate if you could add this agenda in you campaign letter.
Thanks
more...
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vghc
07-25 11:08 AM
Do this: Be happy with what you already have and expect (don�t worry) more good things in life. Just compare with somebody who doesn't even have food, clothes, shelter, health care, etc... in their lives.
You are VERY fortunate to make it to US and living a decent life than most of the Indians.
Cheer up....
Yup, i went back to my homecountry in February after 10 years away from home and trust me, our lives here are good. People back there will trade your place in a heartbeat. Just be glad that you are in the pipeline for a PR.
You are VERY fortunate to make it to US and living a decent life than most of the Indians.
Cheer up....
Yup, i went back to my homecountry in February after 10 years away from home and trust me, our lives here are good. People back there will trade your place in a heartbeat. Just be glad that you are in the pipeline for a PR.
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laborday
07-17 10:35 AM
The processing time is still as of June 18th... There is no july yet
Close all of your browser and start a new one. This may work.
Close all of your browser and start a new one. This may work.
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Dandruff
07-29 12:02 PM
EAD Renewal / EB2-I
E-filed : 06/15/08
FP : 07/11/08
Card Production Email : 07/28/08
43 days.
will update when card is recvd re: duration
E-filed : 06/15/08
FP : 07/11/08
Card Production Email : 07/28/08
43 days.
will update when card is recvd re: duration
gcwaiter
04-01 09:41 PM
Guys,
Thats it !! We dont want to suffer more. Fllow the forum advise & let people know how we are suffering.
Help them to achive 1000 faxes & more target !!
thanks
May god bless all of us !!
Thats it !! We dont want to suffer more. Fllow the forum advise & let people know how we are suffering.
Help them to achive 1000 faxes & more target !!
thanks
May god bless all of us !!
smsthss
06-12 11:10 AM
Is there a link online for that???
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