ivar
03-20 06:42 PM
Im EB3. so should I say my PD is the filing date?
Your Labour filing date.
Your Labour filing date.
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485Mbe4001
06-13 02:24 PM
We had a discussion with our company lawyers about this. We wanted to know if it was possible to file for EB2 after a promotion. They told us the following and said we cannot change (dont know if its bs, you talk to your lawyer.)
a) EB is based on your previous job not the current one. So even when i have worked in my current company for 8 years, the current experience is not counted.
b) The new job/position should have activities more than 50% different to your previous position ( even tho i was eligible for EB2 then, i was suggested EB3, still suffering for that blunder). Unfortunately Software engineer is a position where the job activities include everybody uncle and more.
i think its a different story if you change your job, if you like your job and want to stay then there is little you can do.
Folks:
I am one of the frustrated ones under EB-3 (India) with a PD of Jul 2003. My case is as follows:
I had 3.5 years of experience + MBA from India when I joined the current Job in 2001.
I applied for my GC in 2003 and the lawyer said since my MBA was not relevant for the current job (software engineer) and since my experience before the current job was less than 5 years, I should apply EB-3.
Currently, I have 11 years of experience (out of which 7.5 is with the current employer from whom I have applied for GC) and I have moved to Business Development that uses my MBA quals.
Can I change to EB-2? What do I need to do? What are the risks?
Any/all pointers will be appreciated
a) EB is based on your previous job not the current one. So even when i have worked in my current company for 8 years, the current experience is not counted.
b) The new job/position should have activities more than 50% different to your previous position ( even tho i was eligible for EB2 then, i was suggested EB3, still suffering for that blunder). Unfortunately Software engineer is a position where the job activities include everybody uncle and more.
i think its a different story if you change your job, if you like your job and want to stay then there is little you can do.
Folks:
I am one of the frustrated ones under EB-3 (India) with a PD of Jul 2003. My case is as follows:
I had 3.5 years of experience + MBA from India when I joined the current Job in 2001.
I applied for my GC in 2003 and the lawyer said since my MBA was not relevant for the current job (software engineer) and since my experience before the current job was less than 5 years, I should apply EB-3.
Currently, I have 11 years of experience (out of which 7.5 is with the current employer from whom I have applied for GC) and I have moved to Business Development that uses my MBA quals.
Can I change to EB-2? What do I need to do? What are the risks?
Any/all pointers will be appreciated
LONGGCQUE
03-31 11:56 AM
for me its erroring out saying incorrect alert id. Any thoughts ?
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irha
12-07 12:01 PM
120th day
So you apply about 4 months in advance? Are you then not losing about 3 months of your previous validity due to this practice?
So you apply about 4 months in advance? Are you then not losing about 3 months of your previous validity due to this practice?
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dhirajs98
11-29 10:38 AM
My 140 got approved yesterday! Just 7 days after they received the response to the RFE. :D
Btw, someone asked abt 3 yr or 4 yr degree. Mine is 4 yr degree.
==============
When did you file your I-140?
Btw, someone asked abt 3 yr or 4 yr degree. Mine is 4 yr degree.
==============
When did you file your I-140?
apatel_17
07-11 02:51 PM
They will not get I-94 for more than 6 months. You need to do following things to claim them as dependet(s) -
1. Extend their stay beyond I-94 i.e. 6 months.
2. Get ITIN number for them. (I am not sure how you get it on B1/B2)
This is the primary reason, immigration does not give more than 6 months I-94 on B1/B2 and avoid extending their stay....even if those are genuine reason(s).
My parents only stay here for about 170 days/year. Though, for every 30 days they stayed here last year, I can count 10 days towards their substantial presence in the US this year. That's how they can pass substantial presence without staying more than 180 days any single year. And B1/B2 visa holders can get ITINs. Undocumented immigrants who had no visas, in many states could use their ITINs to get Driver Licenses. IRS recently cracked down on this practice and asked all agencies to stop accepting ITINs as a form of identification and also made it harder to get an ITIN, but visa holders can get one. You may need to take the applicant (with their valid passport and visa) to an IRS office for verification. They can then accept the form in person, and return you a stamped copy of the application
1. Extend their stay beyond I-94 i.e. 6 months.
2. Get ITIN number for them. (I am not sure how you get it on B1/B2)
This is the primary reason, immigration does not give more than 6 months I-94 on B1/B2 and avoid extending their stay....even if those are genuine reason(s).
My parents only stay here for about 170 days/year. Though, for every 30 days they stayed here last year, I can count 10 days towards their substantial presence in the US this year. That's how they can pass substantial presence without staying more than 180 days any single year. And B1/B2 visa holders can get ITINs. Undocumented immigrants who had no visas, in many states could use their ITINs to get Driver Licenses. IRS recently cracked down on this practice and asked all agencies to stop accepting ITINs as a form of identification and also made it harder to get an ITIN, but visa holders can get one. You may need to take the applicant (with their valid passport and visa) to an IRS office for verification. They can then accept the form in person, and return you a stamped copy of the application
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santb1975
12-09 01:59 PM
to the omnibus funding drive
http://immigrationvoice.org/forum/showthread.php?t=15905
I wish I can be a bad cop and push this thread down but I am bumping it up instead. Now I have to bump my favorite omnibus drive up :(
Situation:
H1b valid until 2010, visa stamp expired.
AP available
Not recieved EAD yet
Can you we go on a cruise to Bahamas?
Also do Indian citizens need visa to Bahamas cruise?
Thanks in advance
http://immigrationvoice.org/forum/showthread.php?t=15905
I wish I can be a bad cop and push this thread down but I am bumping it up instead. Now I have to bump my favorite omnibus drive up :(
Situation:
H1b valid until 2010, visa stamp expired.
AP available
Not recieved EAD yet
Can you we go on a cruise to Bahamas?
Also do Indian citizens need visa to Bahamas cruise?
Thanks in advance
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sundarpn
10-01 11:03 AM
Need to travel via British airways. H1b visa is expired and need to get UK transit visa.
Any experiences on the quickest way to get this?
thx
Any experiences on the quickest way to get this?
thx
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a_to_z_gc
04-04 07:16 PM
Keep up the good work but be cautious- Not everyone will appreciate your efforts and be aware that I do appreciate your efforts!
I have myself talked to Congressman and the Senator in my community and know what it takes to drag yourself to take such initiatives....
Cheers!!!
I have myself talked to Congressman and the Senator in my community and know what it takes to drag yourself to take such initiatives....
Cheers!!!
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singhsa3
05-22 05:01 PM
I have some good news and some bad news!
The bad news is that. You will get your green card in 5 years and after other five years you will get your citizenship. So in 10 years will be in position to get married.
Now , you will be wondering what is the good news.
Well!, I just saved a bunch of money on my car insurance by switiching to GEICO.:D
The bad news is that. You will get your green card in 5 years and after other five years you will get your citizenship. So in 10 years will be in position to get married.
Now , you will be wondering what is the good news.
Well!, I just saved a bunch of money on my car insurance by switiching to GEICO.:D
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WeShallOvercome
08-24 03:49 PM
Thanks for your reply "WeShallOvercome", The question which you answered is on top of my head from so many days, I asked some many people and they are not sure, Thanks your help
One more question is right now my wife is on H4, My I140 and 485 are in pending, if my wife got EAD she can use it right?
2) If my I140 denied and her EAD become Void, Is she permitted to stay in USA or She needs to go out of country and enter with h4 status?
Thanks
Ajay
I do know that you guys will be safe on your H1 and H4 status. I do not know for sure if she needs to go out of the country and re-enter on H4..I've heard something like that before though..
One more question is right now my wife is on H4, My I140 and 485 are in pending, if my wife got EAD she can use it right?
2) If my I140 denied and her EAD become Void, Is she permitted to stay in USA or She needs to go out of country and enter with h4 status?
Thanks
Ajay
I do know that you guys will be safe on your H1 and H4 status. I do not know for sure if she needs to go out of the country and re-enter on H4..I've heard something like that before though..
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msp1976
10-19 04:19 PM
Not really, broadly speaking lack of information can never be a benefit to consumer. (Read: hidden clauses in agreements). It might be that they have been doing that and we don't know. You will ONLY know if you apply for another H1B transfer or any other application say I-140/I-485 with new employer and then USCIS MIGHT tell you that your I-140 is revoked on MM/DD/YYYY and you are no longer in valid H1B status since then. That would be too late and it is not retroactive. Remember that onus is on you to maintain valid H1B status all the time during the period of H1B. Once again I am not saying what I mention above is the correct interpretation of law, but in the absence of any clarify it can be one of the implication.
well...The history is that USCIS did release the proposed regulation dealing with all these back in 2002 if I remember correctly..Then there was a comment period...They got so many comments...that after that they did not even bother to publish the regulations in the federal register...That was the last heard of it....Now the only time when the issue of these regulations can possibliy come up is when there is a leadership change in USCIS...Any our fate would depend on who is in control of USCIS at that particular instance...
But this sword would fall some day..I donot know when..I donot know if it would fall on us....or we would just steer clear....The thing is that there is a lot of resistance to changes in status quo both inside USCIS and AILA...
Well AILA would want the status quo to continue....Them lawyers are making money of us anyway.....
I am in US last 7 years...The career is stagnant..No sign of GC anywhere....I am very despondent...But then what else is new ???
well...The history is that USCIS did release the proposed regulation dealing with all these back in 2002 if I remember correctly..Then there was a comment period...They got so many comments...that after that they did not even bother to publish the regulations in the federal register...That was the last heard of it....Now the only time when the issue of these regulations can possibliy come up is when there is a leadership change in USCIS...Any our fate would depend on who is in control of USCIS at that particular instance...
But this sword would fall some day..I donot know when..I donot know if it would fall on us....or we would just steer clear....The thing is that there is a lot of resistance to changes in status quo both inside USCIS and AILA...
Well AILA would want the status quo to continue....Them lawyers are making money of us anyway.....
I am in US last 7 years...The career is stagnant..No sign of GC anywhere....I am very despondent...But then what else is new ???
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gcformeornot
10-19 09:15 AM
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yellowrocket
08-26 01:49 AM
Just got my license renew in CO. Besides CO complying with the Real ID Act, Mr. Owens the governor call a special session to pass legislation to require people to be cleared (legally can be here) in order to get benefits. So before you get your DL, you need to be clear by going through the Systematic Alien Verification for Entitlements (SAVE) program (http://www.uscis.gov/graphics/services/SAVE.htm). Basically another federal database that is expose to local govt. If they SAVE doesn't respond with clearance right away, then you need to provide documentation of why you have lawful presence in the US and give the DMV a stamped legal size envelope so DMV can mail out to Homeland Security. I didn't clear at first but since the DMV initiated the search and told Homeland Security that they will be mailing documents in, Homeland Security actually did some more checks just to avoid more paperwork. I got clearance 1.5hrs after the initial query. My wife got clearance on the spot. There was a fellow before me that was trying to find out why he and his wife still haven't cleared. Its been 3 weeks and of course his license is expired. For those on the 1 yr renewal of h1b and waiting for their gc, they have to renew their license every yr. That means we need to pay the renewal fee every yr. I know this isn't really a Head Tax but in reality, as a legal immigrant, I'm paying more than the regular permanent resident and american citizen to get a DL. Also the politicians just don't think things out clearly. The right DL should not be use as main identification. The original purpose of a DL is to show proof that you're competent, have been tested on your ability to drive and understand the rules of the road. They're not just hurting legal immigrants, they're hurting their own American citizens (children born to legal immigrants). These children won't get the freedom to move about, etc. PS, the SAVE program even affect American Citizens. If somehow 20 yrs ago, someone makes a typo, the DMV won't find you so you would have to go through the SAVE program to get cleared.
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indigo10
03-01 09:54 PM
Thanks for your kind reply. Yes this amount of 40K is what i saved from my salary after my employer deducts taxes via withholding. I am confused because I read that you have to declare any foriegn accounts help while filling for taxes here in US. I made these trasnfers to my dad's account and I dont have any NRI account. I am not sure if I will fall into this category and have to declare all this. Thanks again for your help.
You dont fall in to that category and as several members mentioned you dont have to pay taxes for remittances as you already paid tax while earning it.
You dont fall in to that category and as several members mentioned you dont have to pay taxes for remittances as you already paid tax while earning it.
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GCAmigo
02-05 01:50 PM
The response doesn't address retrogression.. the focus is purely on illegal immigrants..
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greatzolin
09-25 03:22 PM
My EAD card ordered and LUD on AP on 9/25/07
Salud!
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cdeneo
08-24 02:10 PM
What if the I-140 is approved, I-485 pending less than 180 days and change of jobs to happen?
In this case, can the employer still revoke the I-140 though it has been approved already?
if you change your employer within 180 days of 485 RD, the employer can revoke your 140 which will invalidate your 485.
After 180 days you can switch using your H-1 too. The EAD is not necessary.
In this case, can the employer still revoke the I-140 though it has been approved already?
if you change your employer within 180 days of 485 RD, the employer can revoke your 140 which will invalidate your 485.
After 180 days you can switch using your H-1 too. The EAD is not necessary.
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Gravitation
08-29 03:00 PM
My LC and I140 approved (PD: may 2004). Applied 485 on Aug 8.
I became father last month.
My new born son is sick and he needs total attention for next 4 months. I have used up all my vacation and planning to apply for medical leave. Pediatrician recommends me getting medical leave and support my wife.
I work in a very big hardware company. I have completed 3.5yrs in H1B so far.f I apply for medical leave, I may get a pay cut (like 20 to 30%). Will I be affected because of this medical leave? Are H1B's allowed to take medical leave (upto 4 months)..
Your comments are very much appreciated.
thanks
This should be non-issue as far as GC is concerned. This is a very genuine reason to take a medical leave.
Also consider other options such as getting your mother or mother-in-law come to US to provide care, hiring nurse or live-in-nanny.
I became father last month.
My new born son is sick and he needs total attention for next 4 months. I have used up all my vacation and planning to apply for medical leave. Pediatrician recommends me getting medical leave and support my wife.
I work in a very big hardware company. I have completed 3.5yrs in H1B so far.f I apply for medical leave, I may get a pay cut (like 20 to 30%). Will I be affected because of this medical leave? Are H1B's allowed to take medical leave (upto 4 months)..
Your comments are very much appreciated.
thanks
This should be non-issue as far as GC is concerned. This is a very genuine reason to take a medical leave.
Also consider other options such as getting your mother or mother-in-law come to US to provide care, hiring nurse or live-in-nanny.
Googler
02-15 09:47 PM
Ok, so my PD got current (EB3 India). What next?
Optimystic -- is your PD current?
IF you have a current PD RIGHT NOW...AND submitted your I-485 on or before June-July 2007... AND have an approved I-140
(i) they are sweeping through all the files to find such files because if you filed your application in June-July 2007, 180 days have likely passed since your name check was submitted to the FBI. Name check request are made within weeks of generating a receipt for you.
(ii) they plan to complete this sweep by March 10; UNLESS visas run out, they plan to process such cases in approx 60 days (hah! like I believe them).
(iii) within the set of applications with current PDs, they apparently process in order of RD. Not sure if this is within the EB preference and current PD or across all EB preferences.
(iv) Some cases are approved without any changes in LUD i.e. that amazing email arrives before without any prior LUD changes.
IF you don't have a current PD, I have nothing to say except best of luck to all of us...the situation is pretty grim. The movement of EB-3 ROW will mop up most of the green cards left this year.
Optimystic -- is your PD current?
IF you have a current PD RIGHT NOW...AND submitted your I-485 on or before June-July 2007... AND have an approved I-140
(i) they are sweeping through all the files to find such files because if you filed your application in June-July 2007, 180 days have likely passed since your name check was submitted to the FBI. Name check request are made within weeks of generating a receipt for you.
(ii) they plan to complete this sweep by March 10; UNLESS visas run out, they plan to process such cases in approx 60 days (hah! like I believe them).
(iii) within the set of applications with current PDs, they apparently process in order of RD. Not sure if this is within the EB preference and current PD or across all EB preferences.
(iv) Some cases are approved without any changes in LUD i.e. that amazing email arrives before without any prior LUD changes.
IF you don't have a current PD, I have nothing to say except best of luck to all of us...the situation is pretty grim. The movement of EB-3 ROW will mop up most of the green cards left this year.
roseball
04-06 12:43 AM
My I485 is pending, recently I have changed my address online. I also recieved confirmation letters for this address change.
After 2 weeks of address change, USCIS issued an RFE. I have not yet received it, but I just want to prepare for this.
What could be the reason for this RFE? Is it common?
I have seen changing address triggered RFEs in some cases where an applicant moved out of state or even to a new city within the same state. In such cases, RFE was asking for proof of employment in the same or similar role.
After 2 weeks of address change, USCIS issued an RFE. I have not yet received it, but I just want to prepare for this.
What could be the reason for this RFE? Is it common?
I have seen changing address triggered RFEs in some cases where an applicant moved out of state or even to a new city within the same state. In such cases, RFE was asking for proof of employment in the same or similar role.
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