radhay
04-01 10:30 PM
Sorry to hear the screw up. I had some what similar issue with H1B extension when attorney didn't timely file my application. USCIS approved H1B with no I-94 attached basically asking to leave country and get stamping in India.
We then contacted Murthy firm who filed 'nunc-pro-tunk' petition saying it was a mistake by employer/attorney and I shouldn't be penalized. USCIS then issued new approval with I-94.
I am not sure if this works for 485 but a competent attorney should be able to give a conclusive answer. Since you have the document you should try this and also change the attorney at the same time. You can also get a statement from old attorney about his mistake.
We then contacted Murthy firm who filed 'nunc-pro-tunk' petition saying it was a mistake by employer/attorney and I shouldn't be penalized. USCIS then issued new approval with I-94.
I am not sure if this works for 485 but a competent attorney should be able to give a conclusive answer. Since you have the document you should try this and also change the attorney at the same time. You can also get a statement from old attorney about his mistake.
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Karthikthiru
02-06 05:53 PM
Myself and my wife sent letters to President and ImmigrationVoice
Karthik
Karthik
rkanth12
09-10 12:02 AM
This is what I got from 4 separate lawyers when I was invoking AC-21. I think everybody should speak to a lawyer before invoking AC-21.
A lot of people out there think that after getting EAD one can invoke AC-21 to change to any job at any employer. This is not true. AC-21 is pretty complicated and I think that in the future, if there is no change in the law, a lot of 485 applications will be pending for 6-8 years or more. And for the duration of this period, a lot of people will invoke AC-21. I also think that the rate for rejection for number of AC-21 cases at USCIS will be higher. Nobody told me about the approximate wait time and rejection rate. It is just what I think based upon the developing situation.
Sanju, I noticed you invoked AC21. Is that correct?
Please post all your details such as how long you were with your old employer,
when did u inform uscis about your new employer.
Was there much difference in ur salary?
Is your GC approved? Which stage are u in.
Is ur new employer from same state?
I know I'm asking so many questions. But always wise to get opinion from experienced person.
So far in this thread you answerd so many questions. Be little patience and answer the above. Also I missed and you think important to share, please.
A lot of people out there think that after getting EAD one can invoke AC-21 to change to any job at any employer. This is not true. AC-21 is pretty complicated and I think that in the future, if there is no change in the law, a lot of 485 applications will be pending for 6-8 years or more. And for the duration of this period, a lot of people will invoke AC-21. I also think that the rate for rejection for number of AC-21 cases at USCIS will be higher. Nobody told me about the approximate wait time and rejection rate. It is just what I think based upon the developing situation.
Sanju, I noticed you invoked AC21. Is that correct?
Please post all your details such as how long you were with your old employer,
when did u inform uscis about your new employer.
Was there much difference in ur salary?
Is your GC approved? Which stage are u in.
Is ur new employer from same state?
I know I'm asking so many questions. But always wise to get opinion from experienced person.
So far in this thread you answerd so many questions. Be little patience and answer the above. Also I missed and you think important to share, please.
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perm2gc
12-29 07:28 PM
Hello all...
being on H4 for the past 4yrs scenario...?
what are the chances of the H1b approval being 4yrs on h4...? as in how strong is the resume being..?
will they question about the past 2 yrs of H1 status...asking cos I was dint work for a while as I dint get a project..?
converting to H1 in such a situation, will this be risky and asking for trouble..?
They may look at your H1B record.The approval depends on the officer who handles in your case.Contact a good immigration attorney.
being on H4 for the past 4yrs scenario...?
what are the chances of the H1b approval being 4yrs on h4...? as in how strong is the resume being..?
will they question about the past 2 yrs of H1 status...asking cos I was dint work for a while as I dint get a project..?
converting to H1 in such a situation, will this be risky and asking for trouble..?
They may look at your H1B record.The approval depends on the officer who handles in your case.Contact a good immigration attorney.
more...
felix31
04-02 03:43 AM
i've just checked. As of now
300 faxes sent (fax # 10)
267 faxes sent (fax # 11)
we need more faxes.....more more many many more...
300 faxes sent (fax # 10)
267 faxes sent (fax # 11)
we need more faxes.....more more many many more...
hpandey
12-27 11:42 AM
First of all, not everyone here is from India. Second, not everyone here is from programming/IT background. It is easy to make that assumption, but believe me, there are plenty of non-indians, or non-IT people, and even non-Indian, non-IT people here. :D
For these, what is or is not happening in Bangalore is completely irrelevant.
Second, people who are still here have already decided where they want to be. (Which is why they are on the forum in the first place). People change countries for more reasons than just following the next IT boom.
Anyway, regarding impact on opportunities here, there is a common misconception that companies have unlimited access to talent in other countries, and the only limiting factor is the quota of H1B visas.
Not true, by a long shot.
To give a simple example, our company is looking for people in Australia, Denmark, Finland, Canada and UK since the pool of qualified people in India has dried up in our field. Can anyone guess where is the biggest talent pool? Nope, not in Bangalore, its right here in USA!! Not all companies are looking for the cheapest person. They are looking for the best person. And in many cases, the best person is already here, and has gathered more experience over the years working for US companies. But they cannot hire her, simply because she is on a visa and thereby beholden to another company. If she had a GC, that would free up the talent pool and thereby make many companies less reliant on H1Bs. Increasing GCs for EB candidates has the same effect as increasing H1 quota, with the added benefit of making the cream of the crop available and reducing the uncertainty and hassle of hiring an H1.
When you outsource, you lose this talent pool which is already sitting in your backyard. You may still outsource, of course, but the most cost effective solution would be to hire the top talent already here. This is especially true in professions which do not work very well in outsourced situations, like business consulting, marketing, management etc.
This is why it is in the best interest of companies to support EB GCs.
Pineapple .. you hit the nail right on the head. It is a misconception that everything is cool in India. There are a lot more problems than just your salary. Money is not everything . I think standard of living and less corruption , cleanliness and less crowd do count towards life.
For these, what is or is not happening in Bangalore is completely irrelevant.
Second, people who are still here have already decided where they want to be. (Which is why they are on the forum in the first place). People change countries for more reasons than just following the next IT boom.
Anyway, regarding impact on opportunities here, there is a common misconception that companies have unlimited access to talent in other countries, and the only limiting factor is the quota of H1B visas.
Not true, by a long shot.
To give a simple example, our company is looking for people in Australia, Denmark, Finland, Canada and UK since the pool of qualified people in India has dried up in our field. Can anyone guess where is the biggest talent pool? Nope, not in Bangalore, its right here in USA!! Not all companies are looking for the cheapest person. They are looking for the best person. And in many cases, the best person is already here, and has gathered more experience over the years working for US companies. But they cannot hire her, simply because she is on a visa and thereby beholden to another company. If she had a GC, that would free up the talent pool and thereby make many companies less reliant on H1Bs. Increasing GCs for EB candidates has the same effect as increasing H1 quota, with the added benefit of making the cream of the crop available and reducing the uncertainty and hassle of hiring an H1.
When you outsource, you lose this talent pool which is already sitting in your backyard. You may still outsource, of course, but the most cost effective solution would be to hire the top talent already here. This is especially true in professions which do not work very well in outsourced situations, like business consulting, marketing, management etc.
This is why it is in the best interest of companies to support EB GCs.
Pineapple .. you hit the nail right on the head. It is a misconception that everything is cool in India. There are a lot more problems than just your salary. Money is not everything . I think standard of living and less corruption , cleanliness and less crowd do count towards life.
more...
doggy
07-21 02:17 PM
doggy, (what a name) u just signed-up and this is your first post..... r u an agent of anti-immigrant website doing their media campaign :cool:
:-)
If I was anti immigrant, why would I post the information about the "Secret meeting of the Antis" in this forum?
I suggest people here join the conference call and post back the findings. I'll be a little busy around that time.
:D
:-)
If I was anti immigrant, why would I post the information about the "Secret meeting of the Antis" in this forum?
I suggest people here join the conference call and post back the findings. I'll be a little busy around that time.
:D
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ksurjan
07-07 06:22 PM
Condi Rice burshed the question about the DOS and USCIS fiasco. Bill CLinton has rightly said recently ..Law is minor obscacle for this administration.
more...
roseball
07-27 09:52 PM
http://murthyforum.atinfopop.com/4/OpenTopic?a=tpc&s=1024039761&f=7474050822&m=3411020351&r=4691050351#4691050351
Not sure if nasir is bluffing...But a July 9th filer getting a receipt b4 the rest (July 2nd - July 8th) --- Something fishy isnt it?
Here is the content from the post on murthyforum, doesn't make any sense to me. Checkout text in bold...:confused:
Application Received on : 07/03/2007
Agency : Nebraska
Status : Delivered on 07/09/2007 :confused:
Case: EB3-India Jan 2004
Returned/Rejected : Accepted, got Receipt # LIN xxx-xxx-xxxx.
Not sure if nasir is bluffing...But a July 9th filer getting a receipt b4 the rest (July 2nd - July 8th) --- Something fishy isnt it?
Here is the content from the post on murthyforum, doesn't make any sense to me. Checkout text in bold...:confused:
Application Received on : 07/03/2007
Agency : Nebraska
Status : Delivered on 07/09/2007 :confused:
Case: EB3-India Jan 2004
Returned/Rejected : Accepted, got Receipt # LIN xxx-xxx-xxxx.
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glus
04-13 12:09 PM
I am sure this is the right place to ask such questions but I could not find other thread to post my question.
When we file for I-485, what document do we need to attach to the I-485 form?
Do we need valid Passports?
In general a person who is in the US should have a valid and unexpired passport at all times. In addition, there is a whole loooooong list of documents that you attach to the I485- your attorney should advise you on this. The most important once for employment based immigration are documents showing legal status up until the I485 application and current offer letter from your company. There are many many more documents you need to provide...search the net for the necessary documents...
When we file for I-485, what document do we need to attach to the I-485 form?
Do we need valid Passports?
In general a person who is in the US should have a valid and unexpired passport at all times. In addition, there is a whole loooooong list of documents that you attach to the I485- your attorney should advise you on this. The most important once for employment based immigration are documents showing legal status up until the I485 application and current offer letter from your company. There are many many more documents you need to provide...search the net for the necessary documents...
more...
Springflower
11-09 05:30 PM
Ram_C,
Did you open a service request for FP? (for you or for your wife).
If you did not, all NSC-CSC-NSC people, should be getting FP notices also.
______________________
Contribution : $150 so far
Did you open a service request for FP? (for you or for your wife).
If you did not, all NSC-CSC-NSC people, should be getting FP notices also.
______________________
Contribution : $150 so far
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arc
10-02 02:27 PM
Whose case was transferred from NSC to CSC and back have got their Finger Printing Notice? (Any other dates/category does not matter)
PLS PLS LET US KNOW!!!
PLS PLS LET US KNOW!!!
more...
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flipflop
11-18 02:23 AM
As we all know, the Housing crisis in US is getting worse day by day, with the inventory of houses available for sale increasing, and buyers not willing/able to buy those houses.
Giving speedy Green Cards to July Visa bulletin cases will ease the Housing Crisis in US.
Most of the people affected by the July Visa bulletin are highly skilled people who have the capacity to buy houses, but are not investing in houses, since their future in US is not secure until they get Green Cards.
Instead they end up investing in real estate in Bangalore/Hyderabad etc, thereby helping in housing boom in those places.
If Congress passes a law to give speedy Green Cards to these highly skilled people ASAP; these highly skilled people, who have good jobs and capacity to buy houses inspite of the difficult situation regarding getting loans etc, will help US tide over the current difficult housing situation.
This is something for the US law makers to ponder.
Vowww... what a wishful thinking.
Definitely nobody would have thought giving Green Cards to Legal Immigrants who are making renting industry thrive can also solve US Housing Slump.
Next time, they may even see a possibility if giving Green Cards can also solve Global Warming!!!!
You know actually it can happen with majority of desis driving green vehicles (honda/toyota).
Giving speedy Green Cards to July Visa bulletin cases will ease the Housing Crisis in US.
Most of the people affected by the July Visa bulletin are highly skilled people who have the capacity to buy houses, but are not investing in houses, since their future in US is not secure until they get Green Cards.
Instead they end up investing in real estate in Bangalore/Hyderabad etc, thereby helping in housing boom in those places.
If Congress passes a law to give speedy Green Cards to these highly skilled people ASAP; these highly skilled people, who have good jobs and capacity to buy houses inspite of the difficult situation regarding getting loans etc, will help US tide over the current difficult housing situation.
This is something for the US law makers to ponder.
Vowww... what a wishful thinking.
Definitely nobody would have thought giving Green Cards to Legal Immigrants who are making renting industry thrive can also solve US Housing Slump.
Next time, they may even see a possibility if giving Green Cards can also solve Global Warming!!!!
You know actually it can happen with majority of desis driving green vehicles (honda/toyota).
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Jipjap74
02-09 01:24 AM
My company let ME go the day after i got my GC. My attorney said it didnt matter as once you have your GC you are free to work for whomever you want.
more...
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sroyc
11-30 12:18 AM
People with '01/'02 PD's getting GCs before the rest is a bad thing because .....?
One minor side effect is that India EB dates might further retrogress because still there a lot of folks with PD 2001,2002 etc pending namecheck clearance.
One minor side effect is that India EB dates might further retrogress because still there a lot of folks with PD 2001,2002 etc pending namecheck clearance.
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plp039
10-02 01:35 PM
hi,
my lawyers filed for AOS (for my wife and me) on july 2nd in NSC. still dont have any reciepts/ead/ap etc. i have no idea why. my i-140 was approved in TSC. i was hoping that i'd get the reciepts since everyone seems to be getting them!
puzzled
plp
my lawyers filed for AOS (for my wife and me) on july 2nd in NSC. still dont have any reciepts/ead/ap etc. i have no idea why. my i-140 was approved in TSC. i was hoping that i'd get the reciepts since everyone seems to be getting them!
puzzled
plp
more...
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hpandey
11-19 02:44 PM
United we stand - Divided we fall.. if you only want something for people with US Masters just think how far you can go without the support of the rest of the IV community.
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guyfromsg
07-16 11:05 PM
expecting only to get EAD/AP near term and prepared to wait few years. I have PD of 2005 and don't mind waitin if I get EAD/AP benefits for myself and spouse.
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ras
07-19 09:37 PM
I would urge you to change the title as most of your problems are due to your own decisions and not due to agency.
This may not be true. This is the problem being faced by many singles. Ofcourse those singles are postponing their plans just because of USCIS policies which in the case of singles is ridiculous. There is no meaning to make a person wait for 5-10 years to get one's spouse just because he applied for a Green Card. I see various kinds of visas for the spouses in other categories like H1 has H4
L1 has L2/L4 ( I dont know what that is)
and so on so forth..
but for a spouse of AOS? nothing.
All the crap of going on H1 are ridiculous. At the first place one has to get a sponsor for H1 and then there are all those issues out of being H1 with the employer and USCIS. There is no benefit of being on AOS. They cannot use EAD. They cannot start companies freely, etc because they are supposed to be on H1 or L1 etc.
This may not be true. This is the problem being faced by many singles. Ofcourse those singles are postponing their plans just because of USCIS policies which in the case of singles is ridiculous. There is no meaning to make a person wait for 5-10 years to get one's spouse just because he applied for a Green Card. I see various kinds of visas for the spouses in other categories like H1 has H4
L1 has L2/L4 ( I dont know what that is)
and so on so forth..
but for a spouse of AOS? nothing.
All the crap of going on H1 are ridiculous. At the first place one has to get a sponsor for H1 and then there are all those issues out of being H1 with the employer and USCIS. There is no benefit of being on AOS. They cannot use EAD. They cannot start companies freely, etc because they are supposed to be on H1 or L1 etc.
makemygc
08-01 10:10 AM
Yes she can go alone. She will need her H4 approval notice as well as your H1B approval notice. Additionally since you have applied for AOS take them for good measure. My husband recently went for H4 stamping in London and they did not actually require the adjustment receipt notice but did take anyway with his documents.
I don't think she will have a H1 approval notice if she is coming to US first time.
I don't think she will have a H1 approval notice if she is coming to US first time.
wellwishergc
04-10 07:24 PM
Berkeley,
I am of the opinion that issues such as 'allowing I-485 even if visa data not current' or 'allowing for application of EAD once I-140 approved' could be addressed by urging appropriate agencies to make changes to the existing regulations. As bharnik pointed out there is no effect on the visa numbers for the USCIS, by allowing this. While we fight and wait for legislation, this is a very good short-term relief.
Is it possible for IV to brain-storm on this? and come up with an approach to address this, without having to go through the congress?..
Please advise..
Sincerely,
Raj
bkarnik,
Excellent, creative question. Alas, the answer to this lies not in the INA itself but the Code of Federal Regulations.
To be specific, 8 CFR 274 a.12(c) (9) (http://a257.g.akamaitech.net/7/257/2422/01jan20061500/edocket.access.gpo.gov/cfr_2006/janqtr/pdf/8cfr274a.12.pdf) is what allows employment authorization at the adjustment of status stage. See page 658 of the linked document.
I was about to write an explanation of 8 CFR 274, but then I found this excellent summary which describes the regulation of the employment of aliens http://www.coane.com/pdfs/workpermits.pdf
Now how do we go about changing this provision to include I-140 -- not sure.
However, it is simply a case of moving the ball around --
either you ask that people be able to file adjustment of status even if visa numbers are not available
OR
you ask that 8 CFR 274 a.12(c) (9) be amended so that people with approved I-140s be allowed to get EADs and Advance Parole.
I am of the opinion that issues such as 'allowing I-485 even if visa data not current' or 'allowing for application of EAD once I-140 approved' could be addressed by urging appropriate agencies to make changes to the existing regulations. As bharnik pointed out there is no effect on the visa numbers for the USCIS, by allowing this. While we fight and wait for legislation, this is a very good short-term relief.
Is it possible for IV to brain-storm on this? and come up with an approach to address this, without having to go through the congress?..
Please advise..
Sincerely,
Raj
bkarnik,
Excellent, creative question. Alas, the answer to this lies not in the INA itself but the Code of Federal Regulations.
To be specific, 8 CFR 274 a.12(c) (9) (http://a257.g.akamaitech.net/7/257/2422/01jan20061500/edocket.access.gpo.gov/cfr_2006/janqtr/pdf/8cfr274a.12.pdf) is what allows employment authorization at the adjustment of status stage. See page 658 of the linked document.
I was about to write an explanation of 8 CFR 274, but then I found this excellent summary which describes the regulation of the employment of aliens http://www.coane.com/pdfs/workpermits.pdf
Now how do we go about changing this provision to include I-140 -- not sure.
However, it is simply a case of moving the ball around --
either you ask that people be able to file adjustment of status even if visa numbers are not available
OR
you ask that 8 CFR 274 a.12(c) (9) be amended so that people with approved I-140s be allowed to get EADs and Advance Parole.
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