looivy
03-19 03:33 PM
Can a legal expert provide advice as to whether I can use EAD/AP to get in?
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rubaru
12-10 09:45 AM
My wife got approval email yesterday.Mine was approved in October 209.She received fingerprint notice .we gave her finger prints on November 23.I am glad her got approved soon.
Rubaru
Rubaru
satishku_2000
07-30 02:10 AM
If the applicant has US degree its good to goto canand for stamping as it will be easy for them to varify degree documents.
Even i was scared...2 years back when i went to calgary for stamping. But having a US degree did help me. Later many of my frinds who din't had US degree had problems from cananda.
If u r going to canada its better to go with a approved h1B(I797) rather than directly asking them for extension.
Yes if it gets rejected...u need to take an appointment in india and return to US.
My friend and his wife went for h1b stamping in Ottawa canada last week. None of them have any "US degrees". My friends wife was changing her status from H4 to H1. This is second time for my friend in Canada.
Even i was scared...2 years back when i went to calgary for stamping. But having a US degree did help me. Later many of my frinds who din't had US degree had problems from cananda.
If u r going to canada its better to go with a approved h1B(I797) rather than directly asking them for extension.
Yes if it gets rejected...u need to take an appointment in india and return to US.
My friend and his wife went for h1b stamping in Ottawa canada last week. None of them have any "US degrees". My friends wife was changing her status from H4 to H1. This is second time for my friend in Canada.
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nk2006
04-17 03:36 PM
As per today I have an H1b visa, I have my I140 approved, and my 6th year ends on April 25, 2008. My actual employer have gave me a contract that says that upon I become a permanent resident i will have to work for him for 5 years, then if I quit after the 5th year or before I will not able to work on the same industry on all the united states, also mention what my salary would be but there is no mention of increase. Since I will have to wait until my residence at least 3 more years, that means that I will have to work on these conditions for 8 or 9 years.!!!!
I do not know what to do , this is almost illegal (I think !), do I have time to change employer and do again my visa, and I140, so I don't lost status ??
The contract is rather stringent � working for 5 years after getting the greencard and not able to work in same industry??? You are right it may not even legal � and may not stand in any court.
Having said that, I can say that it is very common in IT industry to make the visa candidates sign a contract. Generally these contracts ask you to work for the employer for at least 2 years �after� getting the green card; and if you leave before 2 years then you have to pay all the legal charges that employer incurred for the GC processing. Many employers require this before starting the process � but I heard many big companies don�t really enforce this. Also there are other couple workarounds: the contract (even in your case) says �after� getting the GC, so if you are eligible to apply for 485 then sign the contract and apply for 485; after six months you can use AC21 and leave the employer � technically you havn�t yet got the GC card and so the contract is not violated. I know a couple friends did this exactly in our company.
If you are not yet eligible to apply for 485 (retrogressed country) then try to collect some documents like a copy of your approved I140 and if possible a copy of approved labor (this may not be required). Then find a new job now and transfer your H1B there; during transfer ask for three years extension based on your approved I140+not able to apply for 485 status. With new employer start fresh PERM+I140. If you have copies of I140 you might be able to get you priority date too. I know there are lot of ifs and buts here but I think this is the best case scenario for you especially if you don�t like your present job (Disclaimer: I am not a lawyer).
I do not know what to do , this is almost illegal (I think !), do I have time to change employer and do again my visa, and I140, so I don't lost status ??
The contract is rather stringent � working for 5 years after getting the greencard and not able to work in same industry??? You are right it may not even legal � and may not stand in any court.
Having said that, I can say that it is very common in IT industry to make the visa candidates sign a contract. Generally these contracts ask you to work for the employer for at least 2 years �after� getting the green card; and if you leave before 2 years then you have to pay all the legal charges that employer incurred for the GC processing. Many employers require this before starting the process � but I heard many big companies don�t really enforce this. Also there are other couple workarounds: the contract (even in your case) says �after� getting the GC, so if you are eligible to apply for 485 then sign the contract and apply for 485; after six months you can use AC21 and leave the employer � technically you havn�t yet got the GC card and so the contract is not violated. I know a couple friends did this exactly in our company.
If you are not yet eligible to apply for 485 (retrogressed country) then try to collect some documents like a copy of your approved I140 and if possible a copy of approved labor (this may not be required). Then find a new job now and transfer your H1B there; during transfer ask for three years extension based on your approved I140+not able to apply for 485 status. With new employer start fresh PERM+I140. If you have copies of I140 you might be able to get you priority date too. I know there are lot of ifs and buts here but I think this is the best case scenario for you especially if you don�t like your present job (Disclaimer: I am not a lawyer).
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asanghi
07-17 06:50 PM
I am overjoyed to the extent of tearing up!! I cannot thank IV and all the people who have made an effort at turning this table.
How must I thank you all? Really I mean it from the bottom of my heart, You guys have done such an incredible job!!! When there was no hope, you have made me believe in one thing for sure - Where there is will, there is a way.
Thank you!!!!! You have made many people happy and I am sure everyone is blessing this team and all the people who have worked for it so hard.
Always will remember this day. I will continue to help and be a part of this team.
Perhaps new members are not aware that core members have spent money out of their pockets in the range of $20000-$30000 for the cause of IV. So one way to really thank them would be to contribute generously.
How must I thank you all? Really I mean it from the bottom of my heart, You guys have done such an incredible job!!! When there was no hope, you have made me believe in one thing for sure - Where there is will, there is a way.
Thank you!!!!! You have made many people happy and I am sure everyone is blessing this team and all the people who have worked for it so hard.
Always will remember this day. I will continue to help and be a part of this team.
Perhaps new members are not aware that core members have spent money out of their pockets in the range of $20000-$30000 for the cause of IV. So one way to really thank them would be to contribute generously.
Nagireddi
03-03 11:28 AM
adjusted Gross Income:)
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digitalborealis
01-10 10:51 AM
That probably was unnecessary and may triggered the additional check due to export control of high end researches.
I can imagine.. I work on Assisted GPS platform on US Wireless Carrier Phones. So When he heard GPS, he (VO) must have raised the flag. Having said that, I am a direct employee, not through any consulting company or so. it is just a matter of time. Just wait and watch.
I will update any reply I would get.
D
I can imagine.. I work on Assisted GPS platform on US Wireless Carrier Phones. So When he heard GPS, he (VO) must have raised the flag. Having said that, I am a direct employee, not through any consulting company or so. it is just a matter of time. Just wait and watch.
I will update any reply I would get.
D
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pcs
08-01 09:31 AM
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franklin
02-10 10:14 PM
It actually depends what nationality you are, since that CAN mean a huge amount of difference with the speed of getting your greencard through EB3 or EB2.
I'm in a similar situation, and could apply in the EB2 category, if I decided to change my job, however, I do have a good deal of company loyalty so I am reluctant to do that.
If I did that, my EB2 category is current, my EB3 category is retrogressed - but I value my job and quality of life at my current company higher than the risk of moving to another job JUST to get a greencard quicker
You should eligible for Eb2 by default because of your education unless your current job does not need one..
It is nothing to do with the individuals education level, a person with a PhD would qualify for an EB3 only, if that was what the job description stated
I'm in a similar situation, and could apply in the EB2 category, if I decided to change my job, however, I do have a good deal of company loyalty so I am reluctant to do that.
If I did that, my EB2 category is current, my EB3 category is retrogressed - but I value my job and quality of life at my current company higher than the risk of moving to another job JUST to get a greencard quicker
You should eligible for Eb2 by default because of your education unless your current job does not need one..
It is nothing to do with the individuals education level, a person with a PhD would qualify for an EB3 only, if that was what the job description stated
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bobzibub
05-08 03:20 PM
My opinion:
...
Btw, I am in the programming line myself in case someone thinks I have a problem with programmers. But I wouldn't mind swapping places with a successful model ;)
Call you Zoolander! :D
Fashion models and nurses have one thing in common. Both professions are dominated by females. I think the Congress critters (mostly elderly males) are simply looking for new exotic foreign opportunities. Dates with Java programmers? Not so interesting, sorry! :p
PS: my java coding is being a pain in the butt today.
...
Btw, I am in the programming line myself in case someone thinks I have a problem with programmers. But I wouldn't mind swapping places with a successful model ;)
Call you Zoolander! :D
Fashion models and nurses have one thing in common. Both professions are dominated by females. I think the Congress critters (mostly elderly males) are simply looking for new exotic foreign opportunities. Dates with Java programmers? Not so interesting, sorry! :p
PS: my java coding is being a pain in the butt today.
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thamizhan
07-17 10:17 PM
CHEERS TO AILA, AILF AND IMMIGRATION VOICE
Aside from Representative Lofgren, thanks are also due to the American Immigration Lawyers Association, the American Immigration Law Foundation and Immigration Voice. AILA as usual worked behind the scenes to try and push USCIS to reverse course while it's sister organization AILF quickly assembled a large number of plaintiffs for a major class action law suit. With the threat of a lawsuit of a massive lawsuit, USCIS felt the heat needed to motivate them and the fact that the suit was about to be filed surely contributed to USCIS' quick reversal of course. AILF is playing an increasingly vital role in the pro-immigration community giving us the ability to stand up for immigrants in the courts - often the only place many problems can be resolved.
Finally, a new voice - Immigration Voice - emerged to do what has never been effectively done in the past - organize the grassroots employment immigrant community. IV's Flower Campaign and its San Jose protest were firsts and garnered the attention of the nation's media and managed to humanize what for many was a dry technical issue. IV was also extremely effective at conveying news to its members and to the entire pro-immigration community (including this lawyer) and know IV will now be a critical part of future advocacy efforts. I'm looking forward to seeing the organization grow in size and influence.
Just a few days back I was decrying how the anti-immigration community was able to whip the pro-immigration community in the CIR bill because of their ability to mobilize their grassroots supporters. Now you can see how our side - which, after all, represents the views of most Americans - can win the same way.
Aside from Representative Lofgren, thanks are also due to the American Immigration Lawyers Association, the American Immigration Law Foundation and Immigration Voice. AILA as usual worked behind the scenes to try and push USCIS to reverse course while it's sister organization AILF quickly assembled a large number of plaintiffs for a major class action law suit. With the threat of a lawsuit of a massive lawsuit, USCIS felt the heat needed to motivate them and the fact that the suit was about to be filed surely contributed to USCIS' quick reversal of course. AILF is playing an increasingly vital role in the pro-immigration community giving us the ability to stand up for immigrants in the courts - often the only place many problems can be resolved.
Finally, a new voice - Immigration Voice - emerged to do what has never been effectively done in the past - organize the grassroots employment immigrant community. IV's Flower Campaign and its San Jose protest were firsts and garnered the attention of the nation's media and managed to humanize what for many was a dry technical issue. IV was also extremely effective at conveying news to its members and to the entire pro-immigration community (including this lawyer) and know IV will now be a critical part of future advocacy efforts. I'm looking forward to seeing the organization grow in size and influence.
Just a few days back I was decrying how the anti-immigration community was able to whip the pro-immigration community in the CIR bill because of their ability to mobilize their grassroots supporters. Now you can see how our side - which, after all, represents the views of most Americans - can win the same way.
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smartboy75
05-25 05:53 PM
Most of I-485 applications are currently stuck with the State Department's Visa Bulletin retrogression which are many years behind. However, aside delays which are attributed to the visa number retrogressions, the cases which were filed during the July 2007 Visa Bulletin fiasco period are expected to take nearly three years from the end of the USCIS itsself processing and adjudications in terms of the workloads, according to the CRS report. July 2007 VB fiasco filers, go figure!
According to the CRS report, the USCIS issues before the Congress are as follows from the perspectives of FY 2009 budget:
USCIS Issues for Congress. USCIS issues for Congress include the surgein immigration benefit applications that occurred in FY2007 and which resulted in an increase in the agency’s backlog, and the use of the Federal Bureau ofInvestigation’s (FBI’s) National Name Check program to vet immigration benefitapplications.
Surge in Benefit Applications and Resulting Backlog. According to the testimony of USCIS Director Emilo T. Gonzalez, USCIS experienced an increasein its backlog of naturalization applications in the second half of FY2007.116 From May through July of 2007 USCIS received three and a half times more applications than during the same three months in the previous year.117 Consequently, published accounts indicate that processing time for applications filed during the FY2007 “surge” would be between 16-18 months, as compared to 6-7 months for applications filed in the same period during FY2006.118 For all immigration benefits, the USCIS director testified that the agency received over 1.2 million more applications during the FY2007 surge than in the same period during FY2006, for a total of over 3 million applications. According to media reports, USCIS officials believe that the backlog created by the application surge could take close to three years to clear. Although citizenship campaigns and a contentious national immigration debate have been cited as contributing factors, many observers believe most of the surge in
applications may be attributed to the USCIS fee increase of July 30, 2007. These fee adjustments followed an internal cost review and they increased application fees by a weighted average of 96% for each benefit. The cost of naturalization, formmigration benefit applications that occurred in FY2007 and which resulted in an increase in the agency’s backlog, and the use of the Federal Bureau of Investigation’s (FBI’s) National Name Check program to vet immigration benefit applications.example, increased from $330 to $595. Critics of this new naturalization backlog have mainly raised concerns that applicants would not naturalize in time toparticipate in the 2008 election. USCIS did not include a request for direct appropriations to hire additional temporary personnel to adjudicate the backlog.
Use of FBI National Name Check Program. An additional potential issue for Congress concerns USCIS’ use of the Federal Bureau of Investigation’s (FBI) National Name Check Program. USCIS officials have estimated that roughly 44% of 320,000 pending name checks for immigration benefit applications have taken more than six months to process, including applications for legal permanent residence (LPR) and naturalization. As a result, the White House has authorized USCIS to grant approximately 47,000 LPR applicants their immigration benefits without requiring completed FBI name checks. Critics of this decision believe it could expose the United States to more security threats. The USCIS ombudsman, however, has argued that USCIS employment of the FBI name check process is of limited value to public safety or national security because in most cases the applicants are living and working in the United States without restriction.
Source: www.immigration-law.com
According to the CRS report, the USCIS issues before the Congress are as follows from the perspectives of FY 2009 budget:
USCIS Issues for Congress. USCIS issues for Congress include the surgein immigration benefit applications that occurred in FY2007 and which resulted in an increase in the agency’s backlog, and the use of the Federal Bureau ofInvestigation’s (FBI’s) National Name Check program to vet immigration benefitapplications.
Surge in Benefit Applications and Resulting Backlog. According to the testimony of USCIS Director Emilo T. Gonzalez, USCIS experienced an increasein its backlog of naturalization applications in the second half of FY2007.116 From May through July of 2007 USCIS received three and a half times more applications than during the same three months in the previous year.117 Consequently, published accounts indicate that processing time for applications filed during the FY2007 “surge” would be between 16-18 months, as compared to 6-7 months for applications filed in the same period during FY2006.118 For all immigration benefits, the USCIS director testified that the agency received over 1.2 million more applications during the FY2007 surge than in the same period during FY2006, for a total of over 3 million applications. According to media reports, USCIS officials believe that the backlog created by the application surge could take close to three years to clear. Although citizenship campaigns and a contentious national immigration debate have been cited as contributing factors, many observers believe most of the surge in
applications may be attributed to the USCIS fee increase of July 30, 2007. These fee adjustments followed an internal cost review and they increased application fees by a weighted average of 96% for each benefit. The cost of naturalization, formmigration benefit applications that occurred in FY2007 and which resulted in an increase in the agency’s backlog, and the use of the Federal Bureau of Investigation’s (FBI’s) National Name Check program to vet immigration benefit applications.example, increased from $330 to $595. Critics of this new naturalization backlog have mainly raised concerns that applicants would not naturalize in time toparticipate in the 2008 election. USCIS did not include a request for direct appropriations to hire additional temporary personnel to adjudicate the backlog.
Use of FBI National Name Check Program. An additional potential issue for Congress concerns USCIS’ use of the Federal Bureau of Investigation’s (FBI) National Name Check Program. USCIS officials have estimated that roughly 44% of 320,000 pending name checks for immigration benefit applications have taken more than six months to process, including applications for legal permanent residence (LPR) and naturalization. As a result, the White House has authorized USCIS to grant approximately 47,000 LPR applicants their immigration benefits without requiring completed FBI name checks. Critics of this decision believe it could expose the United States to more security threats. The USCIS ombudsman, however, has argued that USCIS employment of the FBI name check process is of limited value to public safety or national security because in most cases the applicants are living and working in the United States without restriction.
Source: www.immigration-law.com
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doctor
01-26 08:37 AM
Hi Friends, I searched through some of the prior posts and did not find the answer. I am not looking for cities to live in from the point of view of job, taxes, weather, desi population, desi amenties such as movies, restaurants etc. I am looking for answers from our indian friends living in various parts of usa, about where they felt was the best place for their children to live and go to school in terms of less racism and equal opportunities at school and playgrounds. I am also not looking at the whole state but cities themselves.
Many of us can't choose our job and where we want to live. but children are more vulnerable than us and in an environment you may not be able to control. A pooled information from my friends will be useful to me and I am sure my other friends. Also information about cities which you didn't like from your children's point of view and may reconsider living in if you had a chance.
I will say it first- some of the smaller cities in PA are not the best for your children.
Thanks in advance.
Many of us can't choose our job and where we want to live. but children are more vulnerable than us and in an environment you may not be able to control. A pooled information from my friends will be useful to me and I am sure my other friends. Also information about cities which you didn't like from your children's point of view and may reconsider living in if you had a chance.
I will say it first- some of the smaller cities in PA are not the best for your children.
Thanks in advance.
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kirupa
10-12 10:07 PM
Oh, I made them out of your PSD file :)
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elanegeng
12-29 04:32 PM
I am in Bham...;)
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madmax78
01-26 08:47 AM
Come down to Atlanta my friend. There is a large indian community here, lot of good schools, all options for entertainment, and a reasonable weather. I have been living here for 6 years and I am happy with this place.
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stevensjd
04-28 11:59 AM
My wife came at JFK airport on AP in AI flight BOM to NYC. she did not have any issue at all.
She was on H1b until Aug 2008. After laid off she is on EAD and AP. She is not working since then.
I was worried that they may ask couple of questions but it was very smooth.
She was on H1b until Aug 2008. After laid off she is on EAD and AP. She is not working since then.
I was worried that they may ask couple of questions but it was very smooth.
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bkam
01-31 10:55 PM
Dear "colleagues in faith" :-) There is a rule in life - if you want something and beg for it, you most probably will not get it. You have to fight and find a (legal) way to get it. This is the way the American Anglo-Saxon population mixed with smart Jews and other hard working nations achieved economical and political power over the last centuries. Not by begging for rights and being scared of people with different opinion.
These people who are against the uncontrolled immigration have their point. This process has to be controlled or the USA would become just another "developing" country. However, we are talking about something else. We are talking about rules set by the US government. When most of us came in this country years ago, we knew the rules and we expected those rules to be followed. If a government agency keeps my LC certification for years without processing it and even without indicating when it would be processed, then the government is not following those rules. And it is my right to know why is that. If I honestly pay my taxes and follow the laws of this country, I expect the government of the very same country to fulfill its obligations to me and (in particular) to process my application in a reasonable time and by following the current laws. If I do not qualify - OK, I will "pack back". But I want to know that, not to be kept in the dark.
This is what should be the main goal of the "volunteers" of this forum or organization (whatever) - fairness and following the rules by the government. If the immigration agency is a bunch of people incapable to sort out their problems, then they have to be replaced and problems solved quickly and efficiently. Excuses like "no money, understaffing" do not work because we throw $$$ in lawyers laps - part of this money can be easily used by the government for "overstaffing".
I see that some people got annoyed of my opinion but again, they should not forget that the issue we discuss concerns 350,000 highly qualified professionals who support the economy of this country. The opponents from numbersusa etc do not represent all Americans and most people are not against this king of immigration, if properly regulated. They just have to be properly informed.
In addition, do not be afraid to voice your opinion if you think you are right and if you do not hide something. Then people will respect you.
These people who are against the uncontrolled immigration have their point. This process has to be controlled or the USA would become just another "developing" country. However, we are talking about something else. We are talking about rules set by the US government. When most of us came in this country years ago, we knew the rules and we expected those rules to be followed. If a government agency keeps my LC certification for years without processing it and even without indicating when it would be processed, then the government is not following those rules. And it is my right to know why is that. If I honestly pay my taxes and follow the laws of this country, I expect the government of the very same country to fulfill its obligations to me and (in particular) to process my application in a reasonable time and by following the current laws. If I do not qualify - OK, I will "pack back". But I want to know that, not to be kept in the dark.
This is what should be the main goal of the "volunteers" of this forum or organization (whatever) - fairness and following the rules by the government. If the immigration agency is a bunch of people incapable to sort out their problems, then they have to be replaced and problems solved quickly and efficiently. Excuses like "no money, understaffing" do not work because we throw $$$ in lawyers laps - part of this money can be easily used by the government for "overstaffing".
I see that some people got annoyed of my opinion but again, they should not forget that the issue we discuss concerns 350,000 highly qualified professionals who support the economy of this country. The opponents from numbersusa etc do not represent all Americans and most people are not against this king of immigration, if properly regulated. They just have to be properly informed.
In addition, do not be afraid to voice your opinion if you think you are right and if you do not hide something. Then people will respect you.
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r_ferns82
03-08 10:35 PM
Hey mlkedave you embarrass me my works no way top notch. I did it in just a couple of hours and there a lot of faults. I am not too happy with the header region. I was way to busy at that time and since I had promised I submitted or else that’s was no way I was going to submit it. The vote will tell you the story. I like your layout the best but I had some doubts. Do you plan to use flash in the entire top region? (I hope you get my point) the buttons look more realistic for flash.
dealsnet
02-27 09:33 AM
That is why US consulate is not giving visit visa to Indian youths 15-35 years of age.
They know, these guys will come here and work then marry a US citizen to remain legal.
So need legal entry is required, then remain illegal, without any problem, just marry a US citizen.
This is giving a problem to deserving visit visa applicants.
Thank you. I was going to reply to Dealsnet and state that, but you beat me to it.
On a side note, i was going to add that out of status itself does not determine the start of the clock, for the 3 and 10 year bans, .. that would be "unlawful stay" determined from the expiration of the date on the I-94 OR an administrative determination of unlawful stay based on when they discovered the out of status situation. However, for the above purposes [GC based on marriage], this point is moot.
They know, these guys will come here and work then marry a US citizen to remain legal.
So need legal entry is required, then remain illegal, without any problem, just marry a US citizen.
This is giving a problem to deserving visit visa applicants.
Thank you. I was going to reply to Dealsnet and state that, but you beat me to it.
On a side note, i was going to add that out of status itself does not determine the start of the clock, for the 3 and 10 year bans, .. that would be "unlawful stay" determined from the expiration of the date on the I-94 OR an administrative determination of unlawful stay based on when they discovered the out of status situation. However, for the above purposes [GC based on marriage], this point is moot.
jayleno
10-08 02:30 PM
Yes I did.
Did you take original 485 receipt with you?
Did you take original 485 receipt with you?
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