Friday, June 10, 2011

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  • ksairi
    08-17 04:47 PM
    See all of you in rally !.





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  • senthil1
    07-24 12:02 AM
    No easy options. F1 is an option but chance of rejection is more as spouse is GC holder. Probably F1 before marriage is a best option. Or join Indian company work in India one year or more and get L1. But L1 also there is possiblity of rejection in the consulate but better than F1 as L1 can be dual intent. Someone had similar experience can better explain

    This is for my friend who received Greencard in 2006. She just got married in June 2007 to an Indian citizen.
    What are the options for her to bring her spouse to US ?
    The spouse has an MBA.
    I know H1 is not an option as they have to wait atleast till October 2008.
    What are the other quick options?





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  • shreekhand
    07-26 10:06 PM
    Dear Vikram,

    Maybe you can list the sites you have configured to search in this custom search and we can suggest adding a few more if need be.

    Nice work.





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  • tammigaw
    02-06 03:35 PM
    All,

    i am new member of this community . I greatly appreciate the effort that IV is putting forward to address immgration issue .


    I got my green card recently and now i want to leave a blood sucking employer whom i work as independent Contractor after i got my EAD for 3years .Because of his torture of not paying me on time and defaulting some payments and constant harassments i called to quit .

    Now i got an offer from a client to join as full time . Now he is threating me with some non compete clause which is redundant , when i signed he said that i cant join his competition .Now he is saying that i cant join with the client as well and threating to pursue legally against me.

    i have lot of money at stake. Gurus i greatly appreciate if any one can throw some light in this area and possibly provide me any Lawyers in NJ area .

    I apolosize for posting this non relevant issue .



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  • gcformeornot
    01-10 06:13 PM
    please





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  • tejonidhi
    11-27 01:54 PM
    Hello GC_Chaiye,

    Thanks for your reply. The consulting firm is saying that they have sent it to DOL before July 15 and are waiting for the reply for the Substitution( I really doubt the legality of that statement). In case if there is a provision then How can we check the status of it?

    MY friend has to bear the expenditure for the I140. He just came back to US after 5 months and would like to know weather he can spend 1500$ on this unrealistic Labor.
    thank you



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  • mpadapa
    08-15 02:28 PM
    give the guy some credit. He might have taken the risk by jumping in the PERM bandwagon early while many like me took safe approach by filing traditional LC:mad:

    One of my buddies got his GC approved yesterday and his Priority Date is June 2005, EB2 India. I am here waiting since 2004 March to file for my I485. There are no methods to USCIS Madness.





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  • satishku_2000
    10-05 06:49 PM
    Another important thing whole EB2 and EB3 classification is , it does not matter how much experience or educational credetials a benificiary has. The job should require it too...



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  • vikram_singh
    07-26 08:31 PM
    Guys,

    I just created a search engine (http://immisearch.blogspot.com/) to help all people looking for a better way to search topics around immigration related activites. The search engine came as a result of my countless hours that I spent searching to answers around the web.
    Try searching for any information with h1b, h4, Green Card, I-485, I140, citizenship etc, and the engine should give you a better result.

    Leave a comment at the blog and let me know what else could be improved.
    http://immisearch.blogspot.com/

    Also suggest any sites you may want to add to improve the seach engine.


    -Vikram





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  • dontcareanymore
    07-30 04:15 AM
    I liked the joke.. the title originally was: "Difficult Spouse related GC question" ;)

    I will definitely consider doing that. I am just afraid that I might get my GC even before I get a chance to do a court marriage.

    Thanks for the input.

    I think it is time for quick action :):)
    I agree with the above poster, that was my first impression as soon as i saw the title. Don't put "difficult" and "spouse" next to each other. There is only one universal meaning for that :)

    At least you have a good problem , rather than rotting in various queues for a decade.



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  • Nagireddi
    07-16 04:53 PM
    Admin :
    This kind of question should be banned. You should have some self-respect and show the same towards your native country. If you know you can do it, whats the point of making it public. Go get it done. Are you asking IV to pay the sum on your behalf also ?

    I agree with you strongly, with microfrost. I have heard people talking about their country men are stupid, driving on the wrong side and bla bla...... Comeon guys have some self respect and watch out, when you speak.
    Somebody gave you red, I just turnred it to green.





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  • ivrox
    01-29 03:31 PM
    Able/willing!!
    Look how EB process affected our life.. Labor certification terminology now feels so natural to us

    Yep, any qualified person can notice his inability/unwillingness !



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  • desi3933
    06-21 10:30 AM
    In case the I-485 is filed concurrently with I-140 or on the basis of a I-140 "pending approval", if the "I-140" is rejected (say because it was incorrectly classified as EB-2 when it should have been EB-3), then is the I-485 also automatically rejected? (My guess: YES)

    If this happens to you, does this mean you may not be able to resubmit I-485 if your "priority date" is not current at the time you came to know it got rejected? (My guess: YES... and this is a scary scenario.)

    Finally, if the I-140 (EB2) is mentions the requirement to be "BS + 5 years of post BS experience", but the the reviewing officer thinks that the 140 application is not supported by "proper" evidence of 5 years of progressive post BS experience.... then would it generate an RFE or would it straightaway cause a rejection of the I-140?

    Experts, please comment. I may have to face this scenario.

    Thanks!

    Abhijit
    Contribution so far: $100

    Unless you have another I-140 (or I-130) that can be used to support I-485, there is good chance that I-485 will be denied.

    Not a legal advice.





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  • GC2B
    03-30 10:52 PM
    Congratulations....
    A couple of questions, which could everybody in analysis
    - Did you use EAD ?
    - Did you use AC21 ?

    Thanks



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  • Dhundhun
    03-19 12:11 AM
    I am also thinking on same line. I requested lawyer to provide me details.
    Hi guys,

    My wife doesnt have SSN yet. We both have our 485's pending. I have my SSN.

    To get the Economic stimulus amount, we both have to file taxes with our SSNs. Since we dont her SSN, we cannot file before APR 17th.

    So,
    I am going to apply for a tax filing extension (which gives me 6 mths)
    Simultaneously, I am going to apply for her EAD
    Hopefully EAD takes 4 mths
    Then I will apply for SSN
    and then file our taxes with both our SSNs
    hopefully, we get our economic stimulus after that.

    Does this sound reasonable? or is there any other way I can do this?

    Thanks.

    Good luck to everybody.





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  • abq_gc
    07-18 06:16 PM
    HI Guys,

    How do you decide, whether to file at NSC or TSC ?



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  • RayP
    12-11 02:31 AM
    wow !! Good... so you too applied after your EAD had expired... and you continued to work on H1. That gives me a good feeling... thanks. Can you share your situation a little more (or I can give my email seperately). I was also wanting to know if you ae aware whether EAD can be applied from outside the US, just in case I had to do that...





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  • jay75
    07-12 10:19 PM
    Count me in for this law suit. I'm willing to contribute money for this.

    Most people think law suit is a bad thing, but that is not right. In a democratic country law suit is the right way to deal with things. We are legal immigrants, we have all the rights to file a law suit, but with full support of IV.

    People have already filed a law suit on the same day the President signed the bill! (yesterday, the wire tapping bill...)

    By filing a law suit, all we are trying to do is to fix the laws which are not working. Basically, we are doing the right thing. Not only us, but future Legal immigrants will be benefitted, they don't have to go thru what we had to...

    Here are the things that needs to be fixed...

    1. Country quota
    2. Recapturing visas.
    3. 3 year EAD/AP
    4. End the endless wait ( Proposing a new law )
    5. Remove the same/similar confusion in AC21


    What is "End the endless wait" ?

    EAD is a very good example, If 90 days have passed after filing EAD, you have the option to go to a local USCIS office and get a temp one. We should have a similar option for all the peper work. For example, each and every stage in green card process should have a a day count for processing. Like name check should be completed in 180 days.

    Basically, when we receive any receipt notice, it should have a statement which reads "We have received your application and we will take action within 180 days. If we fail to act by MM-DD-YYYY, Please go to the nearest USCIS for approval.."

    Sounds little ambitious ?? well, we are not asking for too much, just a day count. Lets say if the whole Green card process takes 3 years or 10 years based on the day count for each stage, people can decide whether they want to immigrate to USA with a clear idea that it will take x days to become a permanent resident ( like how it works in all other countries except USA)

    Even a person jailed gets to know how long he is going to spend his time behind bars, but we do not know when we will be free from this immigration mess!
    __________________
    Attended the DC Rally
    Contribution: $150
    Sent letters to President/IV
    Status : I-485 pending, PD Feb 2005, EB3 - India





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  • maxy
    04-28 09:43 AM
    this renewal i believe will be with new fees, so will it be extended for 1 yr or 3 yrs ?





    panks
    04-02 12:07 PM
    Thank you gc28262. It's just that my attorney havent seen this issue with Pre PERM cases. May be it is because PERM had more specific questions to answer so that there is little flexibility. Form 750 which was used before PERM did not have that many specific questions regarding labor conditions. So there was room for interpretation.

    Thanks for murthy's link. Yes, It makes sense Gald I extended my H1 after returning on AP. So I am better positioned there.

    Yes, actually the USCIS has argued the same in their revocation response which is that my labor requirements on Form 9089 aren't flexible enough to transfer me to EB3.
    ----

    Regarding your H1B status, please read the following newsletter from murthy.com
    Effect of Travel While in H1B / L-1 Status and Pending I-485 (http://www.murthy.com/news/n_efftrv.html)
    Traveling on AP doesn't necessarily switch you out of H1B. If you are working for the same employer after entering on AP, you can still extend your H1 and continue to be on H1 status.

    Based on my limited understanding, your lawyer is wrong when he says "3 year degree issue is mostly with PERM applications and not with others". 3 year degree issue comes up during I-140 stage. Nowadays USCIS has a strict requirement that the degree should be a "single source" 4 year degree for EB2 applications.

    As for the successful outcome of trying to downgrade your application to EB3, your labor certification should be flexible enough to allow your application to be downgraded to EB3.

    IMO it is better to get a second opinion/consultation with a reputed lawyer. If I were you I wouldn't trust your current lawyer.





    SunnySurya
    08-03 09:42 PM
    I think thousand is over exagerated. Most people have filled their application at NSC.
    I also have a consiparacy theory now. The dates porbably have moved out because of TSC as they did not have enough cases to process.
    Not only July 2nd but probably 1000s of 2004 PDs with July 2 as RD are waiting......Its great to see 2006 approvals - at least USCIS is working......but FIFO does not exist in their dictionary.....Its probably LIFO....



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