milind70
07-27 11:01 AM
I would file for 485, but maintain my H1, and bring her here on H4. A PD of EB3-March-2005 is not going to get current anytime soon, I would not miss out on the option to use AC21 to switch jobs...
He cant use AC21 as he will lose his H1 status and his wife will out of status.
He would be advised to keep his H1 status all the way till he gets his green card or till his wife is able to apply for 485.
He cant use AC21 as he will lose his H1 status and his wife will out of status.
He would be advised to keep his H1 status all the way till he gets his green card or till his wife is able to apply for 485.
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Anders �stberg
April 17th, 2004, 12:56 PM
]']I only own a Tamron 28-200 XR at the moment :), mounted in my 300D :) . But maybe is possible to create big bubbles using bath gel... I should try :D .
Definitely has the potential for a clean shot! :p
(Ugghh, bad joke)
Definitely has the potential for a clean shot! :p
(Ugghh, bad joke)
sanbaj
02-20 10:12 AM
Your lawyer or any competent lawyer should be able to interfile your application. The lawyer has to write a letter to USCIS along with the original approval notice of the newly approved but older PD I140. As per today's EB2/EB3 PD scenario, interfile is the best option for you. Earlier PD transfers ruled when EB2 PD used to be ahead of EB3 PD. Now, EB2 PD is Unavailable. Again, get a competent lawyer who has extensive experience in this particular issue.
The following thread has most of the information and knowledge you would need: http://immigrationvoice.org/forum/showthread.php?t=912&highlight=transfer.
Best of luck !!
The following thread has most of the information and knowledge you would need: http://immigrationvoice.org/forum/showthread.php?t=912&highlight=transfer.
Best of luck !!
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acecupid
07-05 12:32 PM
I understand and appreciate people trying to do the whole flower thing, but I am not sure if it will work the way they expect it to.
I once worked in the admissions office at a very selective school. Applicants that didn't get selected resorted to such gimmicks (sending cards, presents, flowers to the dean of admissions), not sure what they expected - The dean to feel bad about his/the dept.'s decision and reconsider?
Anyway, one of my responsibilities was to screen the dept. mail, and sort out what was uselss and trash it.
Chances are, that is what will happen to the flowers sent to USCIS.
I don't mean to discourage anyone, but that money ($25-$40) you spend on flowers, could help IV a lot.
Thanks,
Hey we are doing what we believe in, so just shut up and dont discourage people.:mad:
I once worked in the admissions office at a very selective school. Applicants that didn't get selected resorted to such gimmicks (sending cards, presents, flowers to the dean of admissions), not sure what they expected - The dean to feel bad about his/the dept.'s decision and reconsider?
Anyway, one of my responsibilities was to screen the dept. mail, and sort out what was uselss and trash it.
Chances are, that is what will happen to the flowers sent to USCIS.
I don't mean to discourage anyone, but that money ($25-$40) you spend on flowers, could help IV a lot.
Thanks,
Hey we are doing what we believe in, so just shut up and dont discourage people.:mad:
more...
techskill
06-23 02:23 PM
White House Says Immigration Reform Unlikely in ’09 - Roll Call (http://www.rollcall.com/news/36115-1.html)
lord_labaku
07-28 11:48 AM
I had to sacrifice my career a little bit due to GC. I regret that. I dont think GC is worth enough to sacrifice career advancements; especially for people from India & China.
Yes; India has infrastructure challenges....but they are being addressed slowly...the worst part is people in the US are missing out the growth in India. accelerating growth always feels better than advanced developed stable nation.
I have my GC already...I can say for sure that it wasnt worth it.
Yes; India has infrastructure challenges....but they are being addressed slowly...the worst part is people in the US are missing out the growth in India. accelerating growth always feels better than advanced developed stable nation.
I have my GC already...I can say for sure that it wasnt worth it.
more...
shaktiyshah
06-09 06:52 PM
Hello All,
I was reading at some of the posts in this forum and they seem to have been quiet helpful.
My company has decided to go ahead with my GC process.
Its in the very early stage, but my immigration specialist gave me a heads up regarding something.
She said, that as I have a 3 yrs BE degree the USCIS may not recognize me under EB2 category :confused: So I explained her the education system in India, but she said that it depends upon the Credential Evaluation Agency which will process my educational qualification and prepare a report and submit it to USCIS.
Following this USCIS will make a decision whether to grant EB2 or EB3 category.
I am sure many of the members may have faced a similar Dilemma....Is there any specific solution to this?
To be precise I completed my Diploma from Mumbai & Degree from Pune University, followed by MS in US and currently working on H1B.
Please Advice.
Thanks,
Shakti
I was reading at some of the posts in this forum and they seem to have been quiet helpful.
My company has decided to go ahead with my GC process.
Its in the very early stage, but my immigration specialist gave me a heads up regarding something.
She said, that as I have a 3 yrs BE degree the USCIS may not recognize me under EB2 category :confused: So I explained her the education system in India, but she said that it depends upon the Credential Evaluation Agency which will process my educational qualification and prepare a report and submit it to USCIS.
Following this USCIS will make a decision whether to grant EB2 or EB3 category.
I am sure many of the members may have faced a similar Dilemma....Is there any specific solution to this?
To be precise I completed my Diploma from Mumbai & Degree from Pune University, followed by MS in US and currently working on H1B.
Please Advice.
Thanks,
Shakti
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InTheMoment
08-04 02:24 PM
Sure...cannot deny your experience, but since my spouse had gone twice to the SS office, first to change her name and then to remove the restrictions after GC and I as well; on all occasions we were never asked for the old SS nor did they take it when we offered. They specifically mentioned that they do not need to see old cards. So if you surrendered, good for you.
That said, I would say, it is better to destroy old SS cards to avoid confusion in our records as well as... why have old useless cards with SS numbers on them lurking around anyways. I shredded ours at home :p
We cannot keep 2 Social Security cards at the same time.
They took my card and put into a drawer containing old returned card.
I have seen an american women infront of me apply for a new card after her name change(after marrige). They took her old card and put into the drawer.
You can apply for a new card without the old card if you inform the card is lost.
You can replace your Social Security card if it is lost or stolen. You are limited to three replacement cards in a year and 10 during your lifetime.
Name change, taking out the restrictions will not count towards the replacement limit.
That said, I would say, it is better to destroy old SS cards to avoid confusion in our records as well as... why have old useless cards with SS numbers on them lurking around anyways. I shredded ours at home :p
We cannot keep 2 Social Security cards at the same time.
They took my card and put into a drawer containing old returned card.
I have seen an american women infront of me apply for a new card after her name change(after marrige). They took her old card and put into the drawer.
You can apply for a new card without the old card if you inform the card is lost.
You can replace your Social Security card if it is lost or stolen. You are limited to three replacement cards in a year and 10 during your lifetime.
Name change, taking out the restrictions will not count towards the replacement limit.
more...
arkanand
06-22 01:31 PM
To EB3June03
I got an RFE for TB test too last week and got all of it done by June 19. I did a TB test in 2002 was 20mm induration which is positive. Because it was positive in 2002, I did not do TB test in 2007 when I sent in my I-485.
I got an RFE for a TB test last week and decided to do another test although I got positive in 2002. I also did one in India in 2000 and was positive then also.
So after two positive tests done in 2000 and 2002, I did one again last week and got positive with 19mm induration (2002 induration was 20 mm). Anyways, I am fine so far and no problem. I attached my chest x-ray which was clear and all documents sent.
Since this my 3rd test and all 3 positive, i think you can do the test and will become positive. However I do want to EMPHASIZE...the doctors and the nurses RECOMMEND NOT taking the test again as it will be positive.
But I took it anyways for sake of RFE and nothing happened.
I am not a doctor and just shared my personal experience if it helps!!
I got an RFE for TB test too last week and got all of it done by June 19. I did a TB test in 2002 was 20mm induration which is positive. Because it was positive in 2002, I did not do TB test in 2007 when I sent in my I-485.
I got an RFE for a TB test last week and decided to do another test although I got positive in 2002. I also did one in India in 2000 and was positive then also.
So after two positive tests done in 2000 and 2002, I did one again last week and got positive with 19mm induration (2002 induration was 20 mm). Anyways, I am fine so far and no problem. I attached my chest x-ray which was clear and all documents sent.
Since this my 3rd test and all 3 positive, i think you can do the test and will become positive. However I do want to EMPHASIZE...the doctors and the nurses RECOMMEND NOT taking the test again as it will be positive.
But I took it anyways for sake of RFE and nothing happened.
I am not a doctor and just shared my personal experience if it helps!!
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Bhaskar_80
06-10 02:42 PM
Once again Thanks Mr. Glutin,
So it means, when I apply for H1B Transfer this time, I will get an H1B Visa valid till May 2012 right? Please let me know whether my assumption is right.
Also am I eligible to process my i140 through Premium Processing?
Thanks and Regards,
So it means, when I apply for H1B Transfer this time, I will get an H1B Visa valid till May 2012 right? Please let me know whether my assumption is right.
Also am I eligible to process my i140 through Premium Processing?
Thanks and Regards,
more...
lacrossegc
12-21 01:20 PM
Its in the Visa Bulletin itself
First: Priority Workers: 28.6% of the worldwide employment-based preference level, plus any numbers not required for fourth and fifth preferences.
Second: Members of the Professions Holding Advanced Degrees or Persons of Exceptional Ability: 28.6% of the worldwide employment-based preference level, plus any numbers not required by first preference.
Third: Skilled Workers, Professionals, and Other Workers: 28.6% of the worldwide level, plus any numbers not required by first and second
preferences, not more than 10,000 of which to "Other Workers".
Fourth: Certain Special Immigrants: 7.1% of the worldwide level.
Fifth: Employment Creation: 7.1% of the worldwide level, not less than 3,000 of which reserved for investors in a targeted rural or high-unemployment area, and 3,000 set aside for investors in regional centers by Sec. 610 of P.L. 102-395.
First: Priority Workers: 28.6% of the worldwide employment-based preference level, plus any numbers not required for fourth and fifth preferences.
Second: Members of the Professions Holding Advanced Degrees or Persons of Exceptional Ability: 28.6% of the worldwide employment-based preference level, plus any numbers not required by first preference.
Third: Skilled Workers, Professionals, and Other Workers: 28.6% of the worldwide level, plus any numbers not required by first and second
preferences, not more than 10,000 of which to "Other Workers".
Fourth: Certain Special Immigrants: 7.1% of the worldwide level.
Fifth: Employment Creation: 7.1% of the worldwide level, not less than 3,000 of which reserved for investors in a targeted rural or high-unemployment area, and 3,000 set aside for investors in regional centers by Sec. 610 of P.L. 102-395.
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kaisersose
05-29 09:29 PM
Hi kaisersose
can you please take a few mins and send web faxes?
for tonight we are trying to reach a goal of 2750 faxes......
your efforts will be highly appreciated
thank you
I went to the web fax link from the home page and sent out the only web fax that was there.
can you please take a few mins and send web faxes?
for tonight we are trying to reach a goal of 2750 faxes......
your efforts will be highly appreciated
thank you
I went to the web fax link from the home page and sent out the only web fax that was there.
more...
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santiwar
07-21 09:38 PM
If John Lennon was alive, i am quite sure he would be a member of IV. considering how much paint he was put through to get a green card...
For those who have seen the documentary " U.S. vs John Lennon" documentary will certainly know what i am talking about.
His way of protesting was actually quite similar to ours. He was a self proclaimed "Peacenik". He protested by laying in bed and growing his hair...
For those interested in this documentary can look for it on Google Video. Just checked, its still there. Just search for "USVSJL.avi "
"All we are saying.....is give GC a chance"
Peace out!
For those who have seen the documentary " U.S. vs John Lennon" documentary will certainly know what i am talking about.
His way of protesting was actually quite similar to ours. He was a self proclaimed "Peacenik". He protested by laying in bed and growing his hair...
For those interested in this documentary can look for it on Google Video. Just checked, its still there. Just search for "USVSJL.avi "
"All we are saying.....is give GC a chance"
Peace out!
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GCard_Dream
03-15 11:40 AM
Would you please elaborate on "substantially different". If the job title is different and job duties are very different, would that qualify as "substantially different". I have been thinking about doing the same.
If the first labor is done through PERM, can the 2nd labor be filed? I had heard that there is a policy of one PERM per company per employee. Does that not apply if the new job with the same company is substantially different.
Would you please give me as much info as you can cause I am seriously thinking about this option.
Thanks in advance.
You can only file a second LC for the same employee at the same company, if the new position is "substantially different" from the old position. [ I am happy to report, that I just received my PERM approval for doing exactly this :) ]
If your LC was filed via PERM and approved, you do not need to refile just because you lost the receipt. If you're filing an H1-B renewal, a screen shot / printout of the PERM app, showing the case #, is sufficient. If you're filing an I-140, there's a check box on the I-140 to indicate that USCIS should request a PERM approval receipt directly from DoL.
- gs
If the first labor is done through PERM, can the 2nd labor be filed? I had heard that there is a policy of one PERM per company per employee. Does that not apply if the new job with the same company is substantially different.
Would you please give me as much info as you can cause I am seriously thinking about this option.
Thanks in advance.
You can only file a second LC for the same employee at the same company, if the new position is "substantially different" from the old position. [ I am happy to report, that I just received my PERM approval for doing exactly this :) ]
If your LC was filed via PERM and approved, you do not need to refile just because you lost the receipt. If you're filing an H1-B renewal, a screen shot / printout of the PERM app, showing the case #, is sufficient. If you're filing an I-140, there's a check box on the I-140 to indicate that USCIS should request a PERM approval receipt directly from DoL.
- gs
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mhathi
02-13 01:56 PM
Immigration Voice - the voice of LEGAL immigrants!
Click here to learn more.
Click here to learn more.
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americandesi
08-11 05:39 PM
That is not a flaw in the system and in the USCIS manual, they know it. Since the previous I-140 is already approved and you've stayed more than 6 months in that I-140, then there's no need for the ability to pay. USCIS is treating your case as if you already have a GC, it is just that it is pending.
If one has a GC, he can transfer to another employer. It is your risk if your new employer has not the ability to pay you. The same is true with portability, USCIS doesn't care anymore if you transfer to an employer with no ability to pay you because the first I-140 is already approved and you worked for it already. They are concerned now about your I-485 (AOS) and your qualifications under it.
What you say holds good only if employer A had already paid the proffered wage during those 6 months.
Suppose employer A is currently paying 70K and the wage for the proposed GC position is 80K and if employer A is able to prove that his Net Income or Net Assets is >=80K then it’s sufficient to prove ability to pay. In such a case, he is bound to pay 80K only after I-485 approval.
Going by above, the employee wasn’t paid 80K at anytime. Even then, USCIS approves his I-485 if he is able to provide an offer letter from employer C with similar roles, responsibilities and wage as the proposed GC position with Company A, though the abilty to pay 80K by employer C is in question.
If one has a GC, he can transfer to another employer. It is your risk if your new employer has not the ability to pay you. The same is true with portability, USCIS doesn't care anymore if you transfer to an employer with no ability to pay you because the first I-140 is already approved and you worked for it already. They are concerned now about your I-485 (AOS) and your qualifications under it.
What you say holds good only if employer A had already paid the proffered wage during those 6 months.
Suppose employer A is currently paying 70K and the wage for the proposed GC position is 80K and if employer A is able to prove that his Net Income or Net Assets is >=80K then it’s sufficient to prove ability to pay. In such a case, he is bound to pay 80K only after I-485 approval.
Going by above, the employee wasn’t paid 80K at anytime. Even then, USCIS approves his I-485 if he is able to provide an offer letter from employer C with similar roles, responsibilities and wage as the proposed GC position with Company A, though the abilty to pay 80K by employer C is in question.
more...
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gc_check
02-22 08:07 PM
http://competeamerica.org/news/media_coverage/2006_02/20060222_rno.html
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snathan
01-22 08:25 PM
I was working for a Company A with whom I recently had my petition extended until this year Aug. Then I got laid off and then changed to Company B in Dec 09. But since then until now which is 6 weeks my current employer (his lawyer) has not filed my H1 to USCIS and going to do it shortly. But then Company A again want to rehire me now. One good thing is my Current I-797 petition is with Company A which is not revoked and is valid. But the bad news is they say I've been out of H1 Status since I left them in Dec and that would be a problem for them and for me to rehire me.
The Options Company A is giving me is to go out and get restamping done based on the current petition I have and agree/confess to Consulate that I was out of H1 status for 6 weeks and was under unauthorized employment (which I did not intent to break law as I only came to know a week back that my new employer has not filed the H1) and ask their forgiveness to come out clean. But under the current H1 weather I really don't want to risk going for restamping is one and revealing that I was out of status for 6 weeks which leave my chances of restamping slim.
So I'm really looking for an answer here from someone who either has went through my situation or someone with experience or a professional advice. Just let me know how can I join back Company A legally without going out of US to restamp?
Ask them to run the pay roll for those six weeks and pay the salary. Then you should be fine as your H1 is not yet revoked.
PS: Check with attorney.
The Options Company A is giving me is to go out and get restamping done based on the current petition I have and agree/confess to Consulate that I was out of H1 status for 6 weeks and was under unauthorized employment (which I did not intent to break law as I only came to know a week back that my new employer has not filed the H1) and ask their forgiveness to come out clean. But under the current H1 weather I really don't want to risk going for restamping is one and revealing that I was out of status for 6 weeks which leave my chances of restamping slim.
So I'm really looking for an answer here from someone who either has went through my situation or someone with experience or a professional advice. Just let me know how can I join back Company A legally without going out of US to restamp?
Ask them to run the pay roll for those six weeks and pay the salary. Then you should be fine as your H1 is not yet revoked.
PS: Check with attorney.
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ashwinicool67
04-28 04:13 PM
What possible reasons , you think you might get an RFE on h1-b extension?
No pay stubs for first 4-5 months of H1 start year and so low W2 for year. Also job location different in LCA than where actually worked since last 1.5 years. My employer is saying I should not have any problems and he is also recommending to stay on H1 rather than EAD as he is saying if my AOS gets in trouble I will not have status to fall back on.
Very confused and upset as I do not want to jeapordize my aos.
No pay stubs for first 4-5 months of H1 start year and so low W2 for year. Also job location different in LCA than where actually worked since last 1.5 years. My employer is saying I should not have any problems and he is also recommending to stay on H1 rather than EAD as he is saying if my AOS gets in trouble I will not have status to fall back on.
Very confused and upset as I do not want to jeapordize my aos.
chanduv23
04-27 09:16 AM
Not sure how true this is but I got this email from my friend who is also an IV member.
Dear All,
Be Careful At the Indian Airports , This is a well organized conspiracy by Indian Immigration, Police, Customs and Air India staff with networking at all the Indian
International Airports. Be watchful when ever you give your passport to Immigration/ Customs/Air India staff. The pass port can be easily tampered and can create trouble to you. They have found easy way of making money from NRIs. This is the way it works:
At the time of the passenger's departure, if the passenger is not looking at the officer while he is stamping the exit, the officer very cleverly tears away one of the page from the passport. When the passenger leaves the immigration counter, the case is reported on his computer terminal with full details. Now all over India they have got full details of the passenger with Red Flag flashing on the Passport number entered by the departure immigration officer. They have made their money by doing above. On arrival next time, he is interrogated. Subject to the passenger's period of stay abroad, his income and standing etc., the price to get rid of the problem is settled by the Police and Immigration people. If someone argues, his future is spoiled because there are always some innocent fellows who think the honesty is the basis of getting justice in India ..
Please advise every passenger to be careful at the airport. Whenever they hand over the passport to the counters of Air India , or immigration or the customs, they must be vigilant, should not remove eyes from the passport even if the officer in front tries to divert their attention. Also, please pass this information to all friends, media men and important politicians. Every month 20-30 cases are happening all over India to rob the NRIs the minute he lands. Similar case has happened with Aramco's Arifuddin. He was travelling with his family. They had six passports. They got the visa of America and decided to go via Hyderabad from Jeddah. They reached Hyderabad. Stayed about a month and left for the States. When they reached the States, the page of the American visa on his wife's passport
was missing. At the time of departure from Hyderabad it was there, the whole family had to return to Hyderabad helplessly. On arrival at Bombay back, they were caught by the police and now it is over 2 months, they are running after the Police, Immigration officers and the Courts. On going in to details with him, he found out the following: One cannot imagine, neither can believe, that the Indian Immigration dept can play such a nasty game to harass the innocent passengers.
All the passengers travelling to & fro India via Bombay and Hyderabad must be aware of this conspiracy. Every month 15 to 20 cases are taking place, at each mentioned airport, of holding the passengers in the crime of tearing away the passport pages. On interviewing some of them, none of them was aware of what had happened. They don't know why, when and who tore away the page from the middle of the passport. One can imagine the sufferings of such people at the hands of the immigration, police and the court procedures in India after that. The number of cases is increasing in the last 2-3 years. People who are arriving at the immigration, they are questioned and their passports are being held and they have to go in interrogations. Obviously, the conspiracy started about 2 to 3 years ago, now the results are coming. Some of the Air India counter staff too is involved in this conspiracy.
Dear All,
Be Careful At the Indian Airports , This is a well organized conspiracy by Indian Immigration, Police, Customs and Air India staff with networking at all the Indian
International Airports. Be watchful when ever you give your passport to Immigration/ Customs/Air India staff. The pass port can be easily tampered and can create trouble to you. They have found easy way of making money from NRIs. This is the way it works:
At the time of the passenger's departure, if the passenger is not looking at the officer while he is stamping the exit, the officer very cleverly tears away one of the page from the passport. When the passenger leaves the immigration counter, the case is reported on his computer terminal with full details. Now all over India they have got full details of the passenger with Red Flag flashing on the Passport number entered by the departure immigration officer. They have made their money by doing above. On arrival next time, he is interrogated. Subject to the passenger's period of stay abroad, his income and standing etc., the price to get rid of the problem is settled by the Police and Immigration people. If someone argues, his future is spoiled because there are always some innocent fellows who think the honesty is the basis of getting justice in India ..
Please advise every passenger to be careful at the airport. Whenever they hand over the passport to the counters of Air India , or immigration or the customs, they must be vigilant, should not remove eyes from the passport even if the officer in front tries to divert their attention. Also, please pass this information to all friends, media men and important politicians. Every month 20-30 cases are happening all over India to rob the NRIs the minute he lands. Similar case has happened with Aramco's Arifuddin. He was travelling with his family. They had six passports. They got the visa of America and decided to go via Hyderabad from Jeddah. They reached Hyderabad. Stayed about a month and left for the States. When they reached the States, the page of the American visa on his wife's passport
was missing. At the time of departure from Hyderabad it was there, the whole family had to return to Hyderabad helplessly. On arrival at Bombay back, they were caught by the police and now it is over 2 months, they are running after the Police, Immigration officers and the Courts. On going in to details with him, he found out the following: One cannot imagine, neither can believe, that the Indian Immigration dept can play such a nasty game to harass the innocent passengers.
All the passengers travelling to & fro India via Bombay and Hyderabad must be aware of this conspiracy. Every month 15 to 20 cases are taking place, at each mentioned airport, of holding the passengers in the crime of tearing away the passport pages. On interviewing some of them, none of them was aware of what had happened. They don't know why, when and who tore away the page from the middle of the passport. One can imagine the sufferings of such people at the hands of the immigration, police and the court procedures in India after that. The number of cases is increasing in the last 2-3 years. People who are arriving at the immigration, they are questioned and their passports are being held and they have to go in interrogations. Obviously, the conspiracy started about 2 to 3 years ago, now the results are coming. Some of the Air India counter staff too is involved in this conspiracy.
apb
08-06 06:54 PM
Bump
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