addsf345
07-17 07:19 PM
Please read this: Entering Canada � U.S. Consular Services in Canada (http://www.consular.canada.usembassy.gov/enter_canada.asp)
Thanks! this is useful link anyway. I quickly browsed through it. But still the question I asked is not answered.
The thread is for people with Canadian perm residentship and also have US green card. They may face issue due to conflict of interest (intent) between both white/green cards.
while, most of us do not have Canada perm residentship. why should we face that issue? I was only concerned with any other issue due to the fact of mere visiting canada on greencard? if it can raise any suspicion (or any technical issue) of abandoning the pending or approved GC?
Thanks! this is useful link anyway. I quickly browsed through it. But still the question I asked is not answered.
The thread is for people with Canadian perm residentship and also have US green card. They may face issue due to conflict of interest (intent) between both white/green cards.
while, most of us do not have Canada perm residentship. why should we face that issue? I was only concerned with any other issue due to the fact of mere visiting canada on greencard? if it can raise any suspicion (or any technical issue) of abandoning the pending or approved GC?
puskeygadha
07-17 03:56 PM
They give very generic answer to clients
i dont think they care about individuals...
if they continue like this they will loose business..lots of people are
suffering
i dont think they care about individuals...
if they continue like this they will loose business..lots of people are
suffering
When Green?
07-30 09:05 AM
Dear Experts and Attorneys:
Here is my situation:
My employment was terminated by my Manager (no reasons given on paper, and the reasons he gave me were not valid when I discussed with my previous manager even per the company policy)
I am in the process of finalizing between a couple of offers (Hopefully would be able to make a decision by sometime next week). My previous manager is trying to get me into his project after I explained my I-485 application status. My PD is Aug-06 (EB-3), I-140 pending.
My spouse is on H-4. My initial plan before all this drama (Initial withdrawal of July visa bulletin and employment termination), I got all my documents signed and ready to be sent out from my attorney's office.
After this sequence of events, the attorney refuses to submit my I-485 application (because it could be considered Fraud).
Now I need your expert advice on the following situations:
1. Would it be ideal to join the same company in a different department and ask the lawyer to file my I-485? Use the AC21 portability after 180 days of pending application?
2. I read somewhere that for me to use the AC21 portability, I need to be in the same profile and also same pay range that was approved on my initial labor application. Is it true? I am currently being offered 15K more than what I have been making till now.
3. I have 3 more years of H-1B left, so what are the chances of getting a new green card process started under EB-2, and port the Aug-06 priority date after the I-140 is approved? How long would you anticipate it would take for me to get to the I-485 stage? Just a ball park from the experience on the forum would be great!
I have been out of the job for the past 2 weeks. would it be a problem for me while applying for a new labor certification?
I greatly appreciate your responses.
Thank you.
Here is my situation:
My employment was terminated by my Manager (no reasons given on paper, and the reasons he gave me were not valid when I discussed with my previous manager even per the company policy)
I am in the process of finalizing between a couple of offers (Hopefully would be able to make a decision by sometime next week). My previous manager is trying to get me into his project after I explained my I-485 application status. My PD is Aug-06 (EB-3), I-140 pending.
My spouse is on H-4. My initial plan before all this drama (Initial withdrawal of July visa bulletin and employment termination), I got all my documents signed and ready to be sent out from my attorney's office.
After this sequence of events, the attorney refuses to submit my I-485 application (because it could be considered Fraud).
Now I need your expert advice on the following situations:
1. Would it be ideal to join the same company in a different department and ask the lawyer to file my I-485? Use the AC21 portability after 180 days of pending application?
2. I read somewhere that for me to use the AC21 portability, I need to be in the same profile and also same pay range that was approved on my initial labor application. Is it true? I am currently being offered 15K more than what I have been making till now.
3. I have 3 more years of H-1B left, so what are the chances of getting a new green card process started under EB-2, and port the Aug-06 priority date after the I-140 is approved? How long would you anticipate it would take for me to get to the I-485 stage? Just a ball park from the experience on the forum would be great!
I have been out of the job for the past 2 weeks. would it be a problem for me while applying for a new labor certification?
I greatly appreciate your responses.
Thank you.
chanduv23
07-27 09:51 AM
I searched for my IV handle, and all my messages showed up. Impressive
more...
santb1975
03-28 11:47 PM
We have a potential opportunity to get featured in LA times. We are looking for examples from our student community who has missed the H1B lotto last year and pursued an opportunity in another country or for students who are anxiously waiting this year's Lotto. We have been asking in Southern California for examples from yesterday but no one came forward yet
Many thanks for IV to get this fixed for students. I am student member of IV since 2007.
I have posted this message in other forums and urged the student community to join IV.
IV rocks!
Balan
Many thanks for IV to get this fixed for students. I am student member of IV since 2007.
I have posted this message in other forums and urged the student community to join IV.
IV rocks!
Balan
greencardfever5
08-24 01:18 AM
poorslumdog,
I do appologize. I have made some donations today, will be making in the future.
i will be more active in the posts and compaigns.
will you please encourage others to respond to my questions?
Thanks for giving me a wake -up call.
I do appologize. I have made some donations today, will be making in the future.
i will be more active in the posts and compaigns.
will you please encourage others to respond to my questions?
Thanks for giving me a wake -up call.
more...
pitha
07-05 12:41 PM
by now everybody might have heard stories about how USCIS pulled staff and worked overtime and weekends to utilize the 60k visas in one month to prevent the july 485 filings.
What I am wondering is why did they do it. One obvious reason is the incresed fee comming into effect from July 30 2007. In addition to it what are the other reasons.
Is there any agenda within USCIS to prevent people from getting EAD and ac21 benefits?
Is USCIS filled with anti immgrant mentality who have takem upon themselves to make our lives difficult?
What I am wondering is why did they do it. One obvious reason is the incresed fee comming into effect from July 30 2007. In addition to it what are the other reasons.
Is there any agenda within USCIS to prevent people from getting EAD and ac21 benefits?
Is USCIS filled with anti immgrant mentality who have takem upon themselves to make our lives difficult?
gcpain
03-29 08:22 AM
I agree although absolute aim is getting GC , But It is too vague to put as a clearly defined objective.
Whereas asking for "current Priority Date for every category above EB3" clearly defines our goal.I think categories below EB3 is beyond the scope of this forum.
It is more complicated/different and there are forums which knows the issues clearly and are adressing them
We need to work towards all category of Employment Immigration like EB1, EB2 and EB3. Apart from other priorities including getting GC as early as possible, our top priority is applying I485,AP & EAD for all categories when they are not current.
DPSG: Again do not post any messages like for only EB2 or EB1. It has to be all EB categories.
Whereas asking for "current Priority Date for every category above EB3" clearly defines our goal.I think categories below EB3 is beyond the scope of this forum.
It is more complicated/different and there are forums which knows the issues clearly and are adressing them
We need to work towards all category of Employment Immigration like EB1, EB2 and EB3. Apart from other priorities including getting GC as early as possible, our top priority is applying I485,AP & EAD for all categories when they are not current.
DPSG: Again do not post any messages like for only EB2 or EB1. It has to be all EB categories.
more...
gc2005
11-17 01:35 PM
SKIL is the best bet for us. Hopefully we will see it being discussed soon in Senate.
I agree, SKIL is the best bet for us. There are chances of something happenning before Oct 2007 because of no H1B visa numbers being available unitl then. I don't think it has been that bad situation with H1B until now.
I agree, SKIL is the best bet for us. There are chances of something happenning before Oct 2007 because of no H1B visa numbers being available unitl then. I don't think it has been that bad situation with H1B until now.
md2003
04-05 08:36 AM
I talked to my company (i.e company A) about my decision to join company B. He provided the following explaination :
1. EB2 to EB2 porting is not possible: According to him EB3 to EB2 porting seems possible but he wasnt sure about EB2 to EB2. He needs to look into the matter. Can you please provide some more information on this...
Ans: you can port your priority date from A to B as long as i140 is not cancelled because of fraud. No problem whether it is EB2 to EB2 or Eb3 to EB2
2. Query on Ability to Pay: He said that when company files 140 for current employee who are on company payroll right now, he might get REF regarding ability to pay. At that time he has to cancel my 140 as well as number of approved 140 that are unaccounted for (i.e employee left or he didnt cancel), to prove company's ability to pay for current employees. So his argument was that it will be difficult for him to retain my 140 for next 1 year. But i believe GC is for future employment and he has to pay me the salary as per the LC. The company seems to be making good amount of profit. So i feel he is trying to hold me back by providing excuses. Or is this a valid reason ?
Ans: company 'A' may be correct. He need to cancel your i140 as soon as leave the company.It depends on employer. Some companies does some companies not.
But, i am not sure whether you can port your priority date or not if 'A' cancel your i140.
Few Attornies saying yes few saying no.
1. EB2 to EB2 porting is not possible: According to him EB3 to EB2 porting seems possible but he wasnt sure about EB2 to EB2. He needs to look into the matter. Can you please provide some more information on this...
Ans: you can port your priority date from A to B as long as i140 is not cancelled because of fraud. No problem whether it is EB2 to EB2 or Eb3 to EB2
2. Query on Ability to Pay: He said that when company files 140 for current employee who are on company payroll right now, he might get REF regarding ability to pay. At that time he has to cancel my 140 as well as number of approved 140 that are unaccounted for (i.e employee left or he didnt cancel), to prove company's ability to pay for current employees. So his argument was that it will be difficult for him to retain my 140 for next 1 year. But i believe GC is for future employment and he has to pay me the salary as per the LC. The company seems to be making good amount of profit. So i feel he is trying to hold me back by providing excuses. Or is this a valid reason ?
Ans: company 'A' may be correct. He need to cancel your i140 as soon as leave the company.It depends on employer. Some companies does some companies not.
But, i am not sure whether you can port your priority date or not if 'A' cancel your i140.
Few Attornies saying yes few saying no.
more...
gconmymind
03-25 03:18 PM
Is this true?
http://www..com/discussion-forums/i485-1/86900247/
That seems to be correct. STRIVE had similar provisions when it was introduced last time. HOWEVER, is STRIVE being discussed currently by Congress? Do you have a link to that?
http://www..com/discussion-forums/i485-1/86900247/
That seems to be correct. STRIVE had similar provisions when it was introduced last time. HOWEVER, is STRIVE being discussed currently by Congress? Do you have a link to that?
prioritydate
03-27 09:58 PM
It will not be a problem at all. I know a person who was without a job for 9 months during that time period and still got his green card, so I would assume that you are safe. You should be worried about this at all. This is just my opinion. The final outcome depends upon the person who is approving the case.
more...
maddipati1
08-15 12:54 PM
Great.. please contribute to DC rally in anyway you can.
Great.. update ur profile with ur contribution
Great.. update ur profile with ur contribution
PDOCT05
08-15 01:17 PM
Sent on 07/02, reached on 07/03. Notice date is 08/13. Checks were encashed on 08/14. :):)
140 was approved from Nebraska.
Good luck to all of you. You will get it soon.
Congrats.Can you share who signed your packet and what time it reached NSC? I am just curious whether i will have any luck..to get the RN in next couple of days.
140 was approved from Nebraska.
Good luck to all of you. You will get it soon.
Congrats.Can you share who signed your packet and what time it reached NSC? I am just curious whether i will have any luck..to get the RN in next couple of days.
more...
.jpg "quotes and sayings about")
Blog Feeds
07-15 03:01 PM
Foreign nationals who enter the United States with a non-immigrant visa are issued Form I-94 card at the port of entry. Form I-94 is a white piece of paper issued by the Customs and Border Protection (CBP) which shows the Department of Homeland Security (DHS)/CBP a record of your arrival and departure date from the United States. If you returned to your home country with Form I-94 in your passport, then your departure from the United States was not properly recorded. It is vital that you close out your earlier record of arrival to the U.S. Otherwise DHS will have in their records that you remained in the U.S. beyond the time you were authorized to stay.
If you are now in your home country with Form I-94 (or if you lost Form I-94), then you must validate your departure from the United States with DHS/CBP. The following are ways to validate departure with DHS/CBP:
· original boarding passes used to depart the United States;
· departure stamps in your passport indicating entry and exist from the United States;
· pay check stubs or letter from employer indicating that you worked in another country after you departed the United States;
· bank records illustrating transactions made showing you were in another country after you left the United States;
· school records showing attendance at a school outside the U.S. indicating you were in another country after you left the United States;
· Receipts showing your name and date illustrating you made purchases outside the U.S., after leaving the United States.
Send the appropriate documentation to the following address ONLY:
DHS-CBP ACS Inc.
1084 South Laurel Road
London, KY 40744 USA
This is the only location where they will make the necessary changes to the DHS/CBP record. Do not forget to make copies of the materials you mail to DHS!
More... (http://feedproxy.google.com/~r/Immigration-law-answers-blog/~3/Twrhc4dzyZ4/)
If you are now in your home country with Form I-94 (or if you lost Form I-94), then you must validate your departure from the United States with DHS/CBP. The following are ways to validate departure with DHS/CBP:
· original boarding passes used to depart the United States;
· departure stamps in your passport indicating entry and exist from the United States;
· pay check stubs or letter from employer indicating that you worked in another country after you departed the United States;
· bank records illustrating transactions made showing you were in another country after you left the United States;
· school records showing attendance at a school outside the U.S. indicating you were in another country after you left the United States;
· Receipts showing your name and date illustrating you made purchases outside the U.S., after leaving the United States.
Send the appropriate documentation to the following address ONLY:
DHS-CBP ACS Inc.
1084 South Laurel Road
London, KY 40744 USA
This is the only location where they will make the necessary changes to the DHS/CBP record. Do not forget to make copies of the materials you mail to DHS!
More... (http://feedproxy.google.com/~r/Immigration-law-answers-blog/~3/Twrhc4dzyZ4/)
kimbhoot
09-15 09:45 AM
Hi,
I just got my I-140 approved, under EB3 I am waiting to file 485, now I got an offer from another department in the same company.. both are tech positions, my current title is Network Specialist although I do web development too, and this new one is programmer Analyst (mostly web programming), the job description matches a little bit, but they're not completely the same..
I would greatly appreciate if someone can tell me what I'm allowed to do and what not.. I don't want to go thru the PERM process again. I looked around and looks like if the job description is similar then I can but it depends how u define similar.. Please Help.
Also how do you report (if you need to report) that the position title or salary or responsibility changes to INS. if the new department is willing to change their description to match my current one will that be fine?
I just got my I-140 approved, under EB3 I am waiting to file 485, now I got an offer from another department in the same company.. both are tech positions, my current title is Network Specialist although I do web development too, and this new one is programmer Analyst (mostly web programming), the job description matches a little bit, but they're not completely the same..
I would greatly appreciate if someone can tell me what I'm allowed to do and what not.. I don't want to go thru the PERM process again. I looked around and looks like if the job description is similar then I can but it depends how u define similar.. Please Help.
Also how do you report (if you need to report) that the position title or salary or responsibility changes to INS. if the new department is willing to change their description to match my current one will that be fine?
more...
vinzak
04-26 04:25 PM
from what a friend told me very recently, if you've booked through lufthansa, 2 bags. But sometimes u may have booked thru another airline, in that case it maybe 1 bag.
eg. if ur going from dallas to mumbai, and flying AA to frankfurt and booked thru AA then it'll be 1 bag. but if ur flying lufthansa from dallas to frankfurt it'll be 2 bags. this is my understanding. Please don't hold me to it.
eg. if ur going from dallas to mumbai, and flying AA to frankfurt and booked thru AA then it'll be 1 bag. but if ur flying lufthansa from dallas to frankfurt it'll be 2 bags. this is my understanding. Please don't hold me to it.
reachinus
07-16 06:53 PM
Numbers USA already working to block the SKIL Bill. Please see my reply to them for the problems that they are sending to Senator.
Hi There,
If you don't know how the H1B Visa works first educate your self and then give the facts to the senators. I am not sure where you get this info.
(1) The six-year visas allow foreign workers to bring in their families, and guarantee thousands of anchor babies.
So u say that people on H1 should not have wife and children????
(2) H-1B salaries are tax-exempt - no FICA, no federal or state income taxes. They can live at the same level as tax-paying Americans at a lower cost. Therefore, Congress allows foreigners to "low-ball" American workers.
You people eat on the taxes that we pay and leave once our 6 years are compelte. Can you show where and how the H1B's are tax exempt.
(3) H-1Bs can leave the job they came to fill and seek other jobs, not necessarily in the "hard to fill" category.
H1B's cannot take any job as they like first they have to get the H1 processed by that company that is willing to employ them. If you don't know how H1B works then educate your self by going thru the requirements for the H1B.
(4) Most H-1Bs are of a "protected" ethnic group, so H-1Bs have an affirmative action preference when competing with Americans for the same jobs.
What do you mean by that???
Hi There,
If you don't know how the H1B Visa works first educate your self and then give the facts to the senators. I am not sure where you get this info.
(1) The six-year visas allow foreign workers to bring in their families, and guarantee thousands of anchor babies.
So u say that people on H1 should not have wife and children????
(2) H-1B salaries are tax-exempt - no FICA, no federal or state income taxes. They can live at the same level as tax-paying Americans at a lower cost. Therefore, Congress allows foreigners to "low-ball" American workers.
You people eat on the taxes that we pay and leave once our 6 years are compelte. Can you show where and how the H1B's are tax exempt.
(3) H-1Bs can leave the job they came to fill and seek other jobs, not necessarily in the "hard to fill" category.
H1B's cannot take any job as they like first they have to get the H1 processed by that company that is willing to employ them. If you don't know how H1B works then educate your self by going thru the requirements for the H1B.
(4) Most H-1Bs are of a "protected" ethnic group, so H-1Bs have an affirmative action preference when competing with Americans for the same jobs.
What do you mean by that???
mbartosik
11-09 07:17 PM
The only reason that I can see for not filing yourself, is if company is offering to pay. EAD & AP filing are simple and do not require to be done my employer.
If you think that the lawyer sucks, and you have a good relationship with your bosses, see if they will let you expense the fees and do it yourself. They save the lawyer's fees too that way.
If you think that the lawyer sucks, and you have a good relationship with your bosses, see if they will let you expense the fees and do it yourself. They save the lawyer's fees too that way.
amsgc
06-20 09:43 PM
Your interpretation of the original poster's statement and your bottom line assertion are both incorrect.
The original poster has said that s/he has a valid visa till 2010. Even if s/he has the I-94 that came with the H-1B approval notice (assuming they did a change/extension of status), that I-94 doesn't define the status of the benficiary once s/he leaves and re-enteres the country.
What matters is the Class of admission and duration of status on the most recent I-94, not just any I-94.
S/he has to have a valid I-94 to stay in the country legally. I-797 usually comes with an I-94. However, what the original poster said is that his/her I-94 is going to expire. I am interpreting the statement to mean that among the I-94's (one or more) s/he holds, the one with farthest validity is going to expire. If it does, s/he has to go out and get a new I-94 while re-entering. If s/he applies for some other status, and relevant I-797 comes with another I-94, then that's different. The bottom-line is, s/he has to have a valid I-94. It is irrelevant if the I-94 is given by the IO at the entry post or attached to an I-797.
The original poster has said that s/he has a valid visa till 2010. Even if s/he has the I-94 that came with the H-1B approval notice (assuming they did a change/extension of status), that I-94 doesn't define the status of the benficiary once s/he leaves and re-enteres the country.
What matters is the Class of admission and duration of status on the most recent I-94, not just any I-94.
S/he has to have a valid I-94 to stay in the country legally. I-797 usually comes with an I-94. However, what the original poster said is that his/her I-94 is going to expire. I am interpreting the statement to mean that among the I-94's (one or more) s/he holds, the one with farthest validity is going to expire. If it does, s/he has to go out and get a new I-94 while re-entering. If s/he applies for some other status, and relevant I-797 comes with another I-94, then that's different. The bottom-line is, s/he has to have a valid I-94. It is irrelevant if the I-94 is given by the IO at the entry post or attached to an I-797.
md2003
04-05 08:36 AM
I talked to my company (i.e company A) about my decision to join company B. He provided the following explaination :
1. EB2 to EB2 porting is not possible: According to him EB3 to EB2 porting seems possible but he wasnt sure about EB2 to EB2. He needs to look into the matter. Can you please provide some more information on this...
Ans: you can port your priority date from A to B as long as i140 is not cancelled because of fraud. No problem whether it is EB2 to EB2 or Eb3 to EB2
2. Query on Ability to Pay: He said that when company files 140 for current employee who are on company payroll right now, he might get REF regarding ability to pay. At that time he has to cancel my 140 as well as number of approved 140 that are unaccounted for (i.e employee left or he didnt cancel), to prove company's ability to pay for current employees. So his argument was that it will be difficult for him to retain my 140 for next 1 year. But i believe GC is for future employment and he has to pay me the salary as per the LC. The company seems to be making good amount of profit. So i feel he is trying to hold me back by providing excuses. Or is this a valid reason ?
Ans: company 'A' may be correct. He need to cancel your i140 as soon as leave the company.It depends on employer. Some companies does some companies not.
But, i am not sure whether you can port your priority date or not if 'A' cancel your i140.
Few Attornies saying yes few saying no.
1. EB2 to EB2 porting is not possible: According to him EB3 to EB2 porting seems possible but he wasnt sure about EB2 to EB2. He needs to look into the matter. Can you please provide some more information on this...
Ans: you can port your priority date from A to B as long as i140 is not cancelled because of fraud. No problem whether it is EB2 to EB2 or Eb3 to EB2
2. Query on Ability to Pay: He said that when company files 140 for current employee who are on company payroll right now, he might get REF regarding ability to pay. At that time he has to cancel my 140 as well as number of approved 140 that are unaccounted for (i.e employee left or he didnt cancel), to prove company's ability to pay for current employees. So his argument was that it will be difficult for him to retain my 140 for next 1 year. But i believe GC is for future employment and he has to pay me the salary as per the LC. The company seems to be making good amount of profit. So i feel he is trying to hold me back by providing excuses. Or is this a valid reason ?
Ans: company 'A' may be correct. He need to cancel your i140 as soon as leave the company.It depends on employer. Some companies does some companies not.
But, i am not sure whether you can port your priority date or not if 'A' cancel your i140.
Few Attornies saying yes few saying no.
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