needhelp!
11-12 03:47 PM
for the member who helps us complete our first century..
anu_t
05-08 07:08 PM
just wondering
How gaining so much experience or education is possible in such a short amount of time?
No , I'm not jelous or anything. Please don't misunderstand.
EB1 requires very high education. Right?
just wondering. I 'm ready to work hard. Just need direction?
How people do it. Do they take a MBA/PHD?
Thanks
How gaining so much experience or education is possible in such a short amount of time?
No , I'm not jelous or anything. Please don't misunderstand.
EB1 requires very high education. Right?
just wondering. I 'm ready to work hard. Just need direction?
How people do it. Do they take a MBA/PHD?
Thanks
sledge_hammer
02-23 12:44 PM
I would say YOU need that "good luck" more than the members that answered your question!!!
Thanks for your response.
I will stay in touch & keep posting if I need more clarifications in my case.
Until then, Good Luck:)
Shivani.
Thanks for your response.
I will stay in touch & keep posting if I need more clarifications in my case.
Until then, Good Luck:)
Shivani.
logiclife
12-16 04:46 PM
Department of State, Bureau of Immigration statistics will have that information publicly available to all who want it.
You dont need FOIA to do that.
You dont need FOIA to do that.
more...
bekugc
07-18 03:08 PM
These are the times when things pple do are either legal or illegal. (its hard to say if its right or wrong)
if govt allowed labor substitution and people used it; then it only goes to say they were oppurtunistic. they dint do anything wrong!
if a company had an idle labor and if Mr X was interested in using it, if its legal, let him use. 1000s entered into win-win situations and got their GCs via this.
:-) why get mad and just blame one person?
if govt allowed labor substitution and people used it; then it only goes to say they were oppurtunistic. they dint do anything wrong!
if a company had an idle labor and if Mr X was interested in using it, if its legal, let him use. 1000s entered into win-win situations and got their GCs via this.
:-) why get mad and just blame one person?
indianoverclocker
07-01 05:31 AM
Thanks :)
more...
logiclife
07-23 11:11 AM
I am moving/transfer to another state within the same company in same position within US. My 140 is approved and 485 filed on July 2nd, 2007 My question:
Would my transfer affect my 485 processing. If yes, is there a solution?
GUYS: Do not advise if you dont know AC21 portability for sure.
To CanadianIndian:
No. Nothing will be impacted. You can move to a new location.
During the first 180 days:
You can move to any location or to a new employer. The only thing is that during first 180 days, your current GC sponsor employer can revoke your 140 and make your GC petition junk. However, since you are not doing it and only changing location you should be fine. You need to stick to the same job description.
After 180 days of filing:
You can move to any location or to a new employer. However after 180 days of 485 filing, you dont need your employer's co-operation because the employer cannot revoke your 140. Also, he cannot do anything about your pending greencard. You still do need to stay within the same job description at new location and new employer.
If you 485 is approved in less than 180 days:
This is very unlikely to happen to candidates from India and China. Mostly this happens to ROW applicants. However, if your 485 is approved in less than 180 days from filing, then you do not have the option of invoking your AC21 portability options. Therefore, you MUST go back to the location for which your GC was filed and work there atleast for 6-8 weeks. (The location mentioned in your labor cert.). In some cases, in consulting, the labor cert mentions a vague location such as "Unanticipated locations across US" -- in that case, you may not have to go back anywhere but please check with your lawyer if that is the case on your labor cert.
Would my transfer affect my 485 processing. If yes, is there a solution?
GUYS: Do not advise if you dont know AC21 portability for sure.
To CanadianIndian:
No. Nothing will be impacted. You can move to a new location.
During the first 180 days:
You can move to any location or to a new employer. The only thing is that during first 180 days, your current GC sponsor employer can revoke your 140 and make your GC petition junk. However, since you are not doing it and only changing location you should be fine. You need to stick to the same job description.
After 180 days of filing:
You can move to any location or to a new employer. However after 180 days of 485 filing, you dont need your employer's co-operation because the employer cannot revoke your 140. Also, he cannot do anything about your pending greencard. You still do need to stay within the same job description at new location and new employer.
If you 485 is approved in less than 180 days:
This is very unlikely to happen to candidates from India and China. Mostly this happens to ROW applicants. However, if your 485 is approved in less than 180 days from filing, then you do not have the option of invoking your AC21 portability options. Therefore, you MUST go back to the location for which your GC was filed and work there atleast for 6-8 weeks. (The location mentioned in your labor cert.). In some cases, in consulting, the labor cert mentions a vague location such as "Unanticipated locations across US" -- in that case, you may not have to go back anywhere but please check with your lawyer if that is the case on your labor cert.
ayaskant
02-01 09:34 AM
Dude,
My employer filed it on my behalf. I didn't pay anything for it.
I think ur question is unrelated to what I asked.
Try answering my questions if you can.
AK
My employer filed it on my behalf. I didn't pay anything for it.
I think ur question is unrelated to what I asked.
Try answering my questions if you can.
AK
more...
yabadaba
07-18 11:00 AM
i google checked out $100... lets all do this....think of it as 3 flower bouquets to IV.. plus no shipping charge.
lets all contribute!!!!
lets all contribute!!!!
desi3933
02-23 11:44 AM
Hey,
Thanks for the response.
One quick clarification:
a) COS from H4 to H1 B status, does'nt need me to go through the quota/lottery system etc. Am I right?, because I did hear this from some folks that I would *not* have to go through the quota since I originally had a H1 B visa with validity date. ?
b) In case of my finding an opening with new employer & shifting COS back to H1 from H4, what time frame would it take?
c) further addition to point b) what kinds of documents would I need to submit to INS for COS back to H1? any idea?
Again thanks guys! Have a great day...
Shivani :)
a) Your H1 will be exempt from quota.
b) Since you were on H1 status before, you can start working immediately after getting receipt for COS from H4 to H1.
c) Same as any H1 petition. Also, since this is COS, you must be in valid H4 status when COS to H1 is filed.
______________________
Not a legal advice.
US citizen of Indian origin
Thanks for the response.
One quick clarification:
a) COS from H4 to H1 B status, does'nt need me to go through the quota/lottery system etc. Am I right?, because I did hear this from some folks that I would *not* have to go through the quota since I originally had a H1 B visa with validity date. ?
b) In case of my finding an opening with new employer & shifting COS back to H1 from H4, what time frame would it take?
c) further addition to point b) what kinds of documents would I need to submit to INS for COS back to H1? any idea?
Again thanks guys! Have a great day...
Shivani :)
a) Your H1 will be exempt from quota.
b) Since you were on H1 status before, you can start working immediately after getting receipt for COS from H4 to H1.
c) Same as any H1 petition. Also, since this is COS, you must be in valid H4 status when COS to H1 is filed.
______________________
Not a legal advice.
US citizen of Indian origin
more...
ras
08-02 08:57 AM
I checked my online status online. It only shows the application is recieved but not the name. If I create my profile would I be able to see my name when I check status online. I haven't created my profile yet.
JunRN
12-17 06:22 PM
No, it's not but you will get in trouble if you don't.
more...
vrbest
11-14 11:36 AM
our case was recvd by uscis on July 23. we got our EAD card, FP notices , 485 receipts already. But 485 status is not online yet. I really dont need to worry about it, but was wondering if anyone is similar situation..
thanks
thanks
Pagal
09-22 09:17 AM
Hello,
The cards and notices for my family did multiple rounds of 'undelivered' mail .... it is quite frustrating as the USPS doesn't fail to deliver any and all junk mail, but doesn't blink twice before sending back the USCIS communication as undeliverable ... wish they were equally prompt with junk mail as well! :rolleyes:
It took about 4-6 weeks to resolve the drama ... didn't open SR, just called the standard USCIS number and changed the address to that of my lawyer ... lawyer received one card, other came to my home address and some notices were sent to an address that I had in 2005!!! Didn't bother with returned notices (welcomes and card production ordered etc) ... have our cards now and have also traveled abroad and returned to US with new cards without any issue...
In short, it is a hit and miss game ... but normally, it all works out fine in the end...
The cards and notices for my family did multiple rounds of 'undelivered' mail .... it is quite frustrating as the USPS doesn't fail to deliver any and all junk mail, but doesn't blink twice before sending back the USCIS communication as undeliverable ... wish they were equally prompt with junk mail as well! :rolleyes:
It took about 4-6 weeks to resolve the drama ... didn't open SR, just called the standard USCIS number and changed the address to that of my lawyer ... lawyer received one card, other came to my home address and some notices were sent to an address that I had in 2005!!! Didn't bother with returned notices (welcomes and card production ordered etc) ... have our cards now and have also traveled abroad and returned to US with new cards without any issue...
In short, it is a hit and miss game ... but normally, it all works out fine in the end...
more...
gcisadawg
07-29 07:36 AM
I doubt that. Returning after a long period on AP would sure make the POE officer grill that person, as AP is supposed to be used in case of emergencies and humanitarin grounds. I was grilled at IAD on return after 30 days and the POE officer asked me to present documentary evidence of the emergency to travel outside US.
The officer you met did not know the difference between AP applied on humanitarian grounds and AP applied based on pending I-485.
My wife entered NEWARK after 6 months in India ( using I-485 based AP) and no questions were asked although the waiting time inside the secondary inspection room was really long.
The officer you met did not know the difference between AP applied on humanitarian grounds and AP applied based on pending I-485.
My wife entered NEWARK after 6 months in India ( using I-485 based AP) and no questions were asked although the waiting time inside the secondary inspection room was really long.
PHANI_TAVVALA
02-25 10:18 AM
Hi Friends..I am staying in MD and i am H4 visa holder..and i have international driving license with me.. Let me know how can i get the driving license in MD and what is the processes..
It is easy for International License Holder. You can give your knowledge test first and immediately appear for driver test. If you pass the test they issue a driver license which will be mailed to your address. You will need to provide 2 proof of addresses.
It is easy for International License Holder. You can give your knowledge test first and immediately appear for driver test. If you pass the test they issue a driver license which will be mailed to your address. You will need to provide 2 proof of addresses.
more...
GC_1000Watt
10-12 09:57 PM
jcrajput.. I have had my renewal stamping done last month in India and am purely stating from personal experience. I was asked for to show 6 months of paystub by the officer. Luckily I had them on me so I could show it.
You can take the minimum but travelling with the minimum puts your family at a risk when you go for the interview. No lawyer or any other member at IV can help you there.It Doesnt hurt to be proactive and prepared in the right way. In this time of recession, more documentation has been asked then ever. For my earlier stamping no documents were required, but this time W2's and paystubs were asked.
You may even want to ask Mr 1000 watt when he last got his stamping done and go by whatever he recommends.
Can you tell us if you renewed your H1B with the one who filed your previous H1B or you filed with a new employer this time?
You can take the minimum but travelling with the minimum puts your family at a risk when you go for the interview. No lawyer or any other member at IV can help you there.It Doesnt hurt to be proactive and prepared in the right way. In this time of recession, more documentation has been asked then ever. For my earlier stamping no documents were required, but this time W2's and paystubs were asked.
You may even want to ask Mr 1000 watt when he last got his stamping done and go by whatever he recommends.
Can you tell us if you renewed your H1B with the one who filed your previous H1B or you filed with a new employer this time?
ramaonline
06-12 07:46 PM
Can I change the employer after I get my 3 year extension on H1 ?
The 3 year extension of h1 also allows portability - so emp change is ok.
2) If I change the employer and If I transfer my H1, Will I get 3 years on my H1 based on 140 approval?
Yes - gc is a future job offer - ur previous 140 can be used for h1 status extensions
3) After switching to new employer, if I start the GC process all over again, can I keep my old priority date?
Yes - once u have an approved 140 ur pd can be ported to any new gc applications
4) I heard Gc process should be filed before expiry of 5th yr on H1 b, if i change my employer can i file for GC process in 6th yr and get furthur extension ?
there is no such requirement - i guess ur asking if u start the gc thru new emp in 6th year can u get extn? in this case u can use the old 140 approval and request 3 year extn, or if u get the new approval use that instead
The 3 year extension of h1 also allows portability - so emp change is ok.
2) If I change the employer and If I transfer my H1, Will I get 3 years on my H1 based on 140 approval?
Yes - gc is a future job offer - ur previous 140 can be used for h1 status extensions
3) After switching to new employer, if I start the GC process all over again, can I keep my old priority date?
Yes - once u have an approved 140 ur pd can be ported to any new gc applications
4) I heard Gc process should be filed before expiry of 5th yr on H1 b, if i change my employer can i file for GC process in 6th yr and get furthur extension ?
there is no such requirement - i guess ur asking if u start the gc thru new emp in 6th year can u get extn? in this case u can use the old 140 approval and request 3 year extn, or if u get the new approval use that instead
pappu
02-11 10:23 AM
On the contrary I think IV forum can be stress relievers. One can share their pain, anxiety, news and questions with other people in the same boat.
admin
01-29 11:50 AM
Earlier many of us were happy that as per AILA's report, the effect of retrogression might be significantly reduced. Now lawyer Mathew Oh has come out with the some analysis as to why this exuberance might be showtlived and why we need to fight for legislative reform with respect to Employment Based Green Cards. So remember "It aint over till its over".
Here is an excerpt of his analysis from http://www.immigration-law.com/
The State Department's new prediction is derived from two changed circumstances. One is the slow-down of I-485 adjudications by the USCIS and the resultant decrease of the EB visa numbers demand on the part of the USCIS. The second factor is the delays in processing of the old labor certification cases in the Backlog Eliminination Centers of the DOL. It is not clear what has caused the decreased visa number demand from the USCIS EB-485 proceedings, but it may have something to do with the on-going reengineering of the USCIS processing and adjudication system. As for the Backlog Elimination Centers, they have yet to complete the ground work of data entry and 45-day letters, before they can focus on adjudication of the backlog applications. Currently, the USCIS is scheduled to complete the reengineering by the end of September 2006 and the DOL is scheduled to complete the ground work of data entries and 45-day letter processing by approximately the end of June 2006. As we reported earlier, a substantial number of these BEC cases are known to be 245(i) cases, meaning that the cases were filed in traditional regular application type of EB-3 in most cases on or before April 30, 2001. A substantial number of these cases have yet to go through the "supervised" recruitment process to complete the labor certification processing and it will take a substantial period of time before these cases will move into the USCIS I-485 processing system.
From the foregoing analysis, one can predict that the big winners of the new prediction may include (1) those old priority date I-485 cases pending before the USCIS including 245(i) cases which may be approved within next several months; (2) those old priority date I-140 cases pending before the USCIS which may at least move into the I-485 phase and getting the benefits of EAD, AP, and AC 21 change of employment eligibility; and (3) those old priority date backlog labor certification cases which can move into the I-140/I-485 concurrent filing phase upon approval of the delayed backlog labor certification processing with the ancillary benefits that come along with the filing of I-485 applications such as EAD, AP, and AC-21 change of employment benefits. It is anticipated that the cases under the foregoing (3) may remain very limited in numbers due to the BEC processing delays.
The real losers may turn out to be those with late priority dates. Once the USCIS reengineering work is completed by the end of this fiscal year and the BECs start processing backlog cases en masse around the end of this fical year, the stream of visa number demand will move into the State Department visal allocation system. The pressure to the allocation system will mount tremendously as time passes, and unless the Comprehensive Immigration Reform legislation brings a cure to the current ailing immigrant visa quota system within this year, it is likely that these late priority date cases may experience tremendous difficulties due to the stand-still or further retrogression of the visa numbers and the resultant unavailability of the ancillary benefits of EAD, AP, and AC 21 change of employment opportunities. It is anticipated that the real crisis may be witnessed beginning the end of this calendar year as by that time it is anticipated that the BECs are expected to pump out certifications of backlog cases.
It is thus obvious that the new prediction of the State Department can turn out to be a short-lived relief for a limited number of immigrants and a sign of foreseeable dark cloud and storm moving into the visa number system for most of the immigrants. The only answer to the clogged employment-based immigration system lies with the reform of the employment-based immigrant quota allocation system and related reform, including but not limited to (1) dependants immigration without taking out visa numbers from the employment-based quota system and (2) eligibility of I-485 applications for those who attained the labor certification approvals or I-140 petitions even during the period of visa number unavailability. For these reasons, the immigrant community should not stop its efforts to bring back (1) the legislative proposals which were reflected in the failed Section 8001 and 8002 of S. 1932 and (2) the adjustment of EB-immigrant quota substantially upward as reflected in the McCain-Kennedy bill.
Here is an excerpt of his analysis from http://www.immigration-law.com/
The State Department's new prediction is derived from two changed circumstances. One is the slow-down of I-485 adjudications by the USCIS and the resultant decrease of the EB visa numbers demand on the part of the USCIS. The second factor is the delays in processing of the old labor certification cases in the Backlog Eliminination Centers of the DOL. It is not clear what has caused the decreased visa number demand from the USCIS EB-485 proceedings, but it may have something to do with the on-going reengineering of the USCIS processing and adjudication system. As for the Backlog Elimination Centers, they have yet to complete the ground work of data entry and 45-day letters, before they can focus on adjudication of the backlog applications. Currently, the USCIS is scheduled to complete the reengineering by the end of September 2006 and the DOL is scheduled to complete the ground work of data entries and 45-day letter processing by approximately the end of June 2006. As we reported earlier, a substantial number of these BEC cases are known to be 245(i) cases, meaning that the cases were filed in traditional regular application type of EB-3 in most cases on or before April 30, 2001. A substantial number of these cases have yet to go through the "supervised" recruitment process to complete the labor certification processing and it will take a substantial period of time before these cases will move into the USCIS I-485 processing system.
From the foregoing analysis, one can predict that the big winners of the new prediction may include (1) those old priority date I-485 cases pending before the USCIS including 245(i) cases which may be approved within next several months; (2) those old priority date I-140 cases pending before the USCIS which may at least move into the I-485 phase and getting the benefits of EAD, AP, and AC 21 change of employment eligibility; and (3) those old priority date backlog labor certification cases which can move into the I-140/I-485 concurrent filing phase upon approval of the delayed backlog labor certification processing with the ancillary benefits that come along with the filing of I-485 applications such as EAD, AP, and AC-21 change of employment benefits. It is anticipated that the cases under the foregoing (3) may remain very limited in numbers due to the BEC processing delays.
The real losers may turn out to be those with late priority dates. Once the USCIS reengineering work is completed by the end of this fiscal year and the BECs start processing backlog cases en masse around the end of this fical year, the stream of visa number demand will move into the State Department visal allocation system. The pressure to the allocation system will mount tremendously as time passes, and unless the Comprehensive Immigration Reform legislation brings a cure to the current ailing immigrant visa quota system within this year, it is likely that these late priority date cases may experience tremendous difficulties due to the stand-still or further retrogression of the visa numbers and the resultant unavailability of the ancillary benefits of EAD, AP, and AC 21 change of employment opportunities. It is anticipated that the real crisis may be witnessed beginning the end of this calendar year as by that time it is anticipated that the BECs are expected to pump out certifications of backlog cases.
It is thus obvious that the new prediction of the State Department can turn out to be a short-lived relief for a limited number of immigrants and a sign of foreseeable dark cloud and storm moving into the visa number system for most of the immigrants. The only answer to the clogged employment-based immigration system lies with the reform of the employment-based immigrant quota allocation system and related reform, including but not limited to (1) dependants immigration without taking out visa numbers from the employment-based quota system and (2) eligibility of I-485 applications for those who attained the labor certification approvals or I-140 petitions even during the period of visa number unavailability. For these reasons, the immigrant community should not stop its efforts to bring back (1) the legislative proposals which were reflected in the failed Section 8001 and 8002 of S. 1932 and (2) the adjustment of EB-immigrant quota substantially upward as reflected in the McCain-Kennedy bill.
digital2k
08-03 06:31 PM
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