girishvar
07-19 06:17 PM
1.Apply for new H1 petition(premium processing) for you before July 31.
2.On approval send the H1 papers to your wife so that she can get H4.
3. On her entry to USA apply for her I-485.
Then you can live happily together in america.
P.S: Even when you have used AC21, in hindsight you should have got H1B instead of using EAD.
2.On approval send the H1 papers to your wife so that she can get H4.
3. On her entry to USA apply for her I-485.
Then you can live happily together in america.
P.S: Even when you have used AC21, in hindsight you should have got H1B instead of using EAD.
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Carlau
06-19 10:17 PM
I think u r in a trap here. I recently talked to a HR of a desi company and he clearly told me his boss does not want to file for 485 for all eligible applicants and is working on strategies to fool his employees into prolonging things till dates retrogress.
U can choose ur lawyer, u don't have to let employer know u applying for 485 at all. Do not link ur lawyer and employer for any reason. Keep them both away. U already have 140 approved and u have nothing to lose.
Don't fall into ur employer - lawyer trap
Sats123, Chanduv23 is correct, also reading that with the paystubs you can avoid the employer letter saying that you work in such position and for such salary, finding out what position they used to file your labor (did you find it in the database on my previous post) and considering that you are about to get ripped off, it would be advisable that you go through that lawyer that someone was saying charges 1000 to file your papers and 500 for your spouse;
Did you get the medicals? I know it takes time now to get an appointment, and if you want to file the I-485 on your own, please ask if you have questions, I think you can get out of this trap and before the immigration rates hike on July 30th.
U can choose ur lawyer, u don't have to let employer know u applying for 485 at all. Do not link ur lawyer and employer for any reason. Keep them both away. U already have 140 approved and u have nothing to lose.
Don't fall into ur employer - lawyer trap
Sats123, Chanduv23 is correct, also reading that with the paystubs you can avoid the employer letter saying that you work in such position and for such salary, finding out what position they used to file your labor (did you find it in the database on my previous post) and considering that you are about to get ripped off, it would be advisable that you go through that lawyer that someone was saying charges 1000 to file your papers and 500 for your spouse;
Did you get the medicals? I know it takes time now to get an appointment, and if you want to file the I-485 on your own, please ask if you have questions, I think you can get out of this trap and before the immigration rates hike on July 30th.
nozerd
04-13 11:35 AM
This basicalkly means that too many cases are stuck in name check at I 140 and I 485 stage or that USCIS is not processing as fast as it ought to.
To give you an ex I have a friend with PD of Dec 1998 (original case not substitution) whose I 485 is stuck in name check., My friend is not a Muslim. There could be many others too.
What does this mean? That there are not as many approved labor cases as anticipated originally by the USCIS????
"F. VISA AVAILABILITY DURING THE COMING MONTHS
Recent discussions have indicated that both the Citizenship and Immigration Services (CIS) and the Department of Labor still have a significant amount of cases in their backlog reduction efforts. As a result, the anticipated increase in demand has not yet materialized and may not for some time. Therefore, in an effort to maximize number use under the annual numerical limit, the Worldwide and Philippines Employment Third preference cut-off dates have been advanced by one year.
Unless there is a significant increase in Employment demand, it will be necessary to continue this rate of movement during the upcoming months. Such movement could be expanded to include other chargeability areas and preference categories.
One consequence of rapid cut-off date advancement is the inevitable increase in demand for numbers as adjustment of status cases are brought to conclusion at CIS Offices. Such increased demand could have dramatic impact on the cut-off dates. Readers will be provided as much advance notice as possible should this occur."
To give you an ex I have a friend with PD of Dec 1998 (original case not substitution) whose I 485 is stuck in name check., My friend is not a Muslim. There could be many others too.
What does this mean? That there are not as many approved labor cases as anticipated originally by the USCIS????
"F. VISA AVAILABILITY DURING THE COMING MONTHS
Recent discussions have indicated that both the Citizenship and Immigration Services (CIS) and the Department of Labor still have a significant amount of cases in their backlog reduction efforts. As a result, the anticipated increase in demand has not yet materialized and may not for some time. Therefore, in an effort to maximize number use under the annual numerical limit, the Worldwide and Philippines Employment Third preference cut-off dates have been advanced by one year.
Unless there is a significant increase in Employment demand, it will be necessary to continue this rate of movement during the upcoming months. Such movement could be expanded to include other chargeability areas and preference categories.
One consequence of rapid cut-off date advancement is the inevitable increase in demand for numbers as adjustment of status cases are brought to conclusion at CIS Offices. Such increased demand could have dramatic impact on the cut-off dates. Readers will be provided as much advance notice as possible should this occur."
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sheela
02-21 01:17 PM
can you please tell were you working for a consulting company or a american company? Also in which city are you located?
Might be they are doing it at some particular location?
I worked at a university and I140 approved TSC/AOS at TSC
Might be they are doing it at some particular location?
I worked at a university and I140 approved TSC/AOS at TSC
more...
drirshad
02-20 05:02 PM
http://www.immigration-law.com/Canada.html
02/20/2008: USCIS Releases FBI Namecheck Policy Q&A Today
* The Q&A indicates that there are about 47,000 cases that fall under this changed policy and most of these cases are expected to be processed by mid-March 2008.
02/20/2008: USCIS Releases FBI Namecheck Policy Q&A Today
* The Q&A indicates that there are about 47,000 cases that fall under this changed policy and most of these cases are expected to be processed by mid-March 2008.
wandmaker
10-23 05:48 PM
With a comment "ooooo". I want the IV admin's to find out who that coward is and ban them from any and every board that is out there on internet. If they don't do it, I will be so scared of posting any of my thoughts in future as that person will come and give me more red , depriving IV of a valuable member.
Just kidding. As you guessed, things are a little slow at work today.
:D
Just kidding. As you guessed, things are a little slow at work today.
:D
more...
franklin
04-17 07:52 PM
I have a EB3 India PD of May 2002.. That said, the snippet in the visa bulletin sounds very promising..
It does sound promising, unless you are still stuck in the BECs... Then, not so
It does sound promising, unless you are still stuck in the BECs... Then, not so
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aquarianf
02-03 03:04 PM
hello,
my qualification is 10 + 12 + 3 BSc Physics + 3 MCA. My LC clearly states that a Master's is required.
does this qualify for a US Master's? please note the fields are different.
My i-140 has been denied and waiting for notice...mostly it education and i filed under EB2 in TSC...
any input guys?????
I know so many people who got approved in EB2 with MCA degree. I don't know a single person who got denied with 3 yearc BSc + 3 Year MCA.
my qualification is 10 + 12 + 3 BSc Physics + 3 MCA. My LC clearly states that a Master's is required.
does this qualify for a US Master's? please note the fields are different.
My i-140 has been denied and waiting for notice...mostly it education and i filed under EB2 in TSC...
any input guys?????
I know so many people who got approved in EB2 with MCA degree. I don't know a single person who got denied with 3 yearc BSc + 3 Year MCA.
more...
Naveen
05-18 04:57 PM
Look at it this way -- An additional quota means more regular EB visa's to go around which will help all. Asking to give 20k more GC's for US Graduates will sound more easy on the ears than asking for a general 20k increase.
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bidhanc
03-21 02:15 PM
I am in NYC. Shall we team up?
Yes, we should.
I am a little late on this "meet the lawyers" drive.
Do we have any more people around here from NY?
Bidhan
Yes, we should.
I am a little late on this "meet the lawyers" drive.
Do we have any more people around here from NY?
Bidhan
more...
sujith1
12-03 01:47 PM
I do not understand Number 4 : As far as I understand and what lawyers told me - your salary can go up and as long as it does not go below the posted number in your Labor Petition you are fine. But I hear this comment always - This confuses me as to how much truth is there in it.
Most employers use this as an excuse to not raise your salary but that does not mean that you salary cannot be raised if the employer is willing.
1) Life Insurance ... AIG refuses to give me the quot for 30 years (Ready to give me a 20 year term life quot) term life insurance knowing I am on work visa, US GC is in process (Though I did not mention that I am Canadian permanent immigrant). AAA issued me a policy that is 20 years not 30 years (Simply refused) when I gave the proof of Canadian permanent immigration and US GC filing. This is most current experience.
2) After 2001 bubble burst many credit unions stopped taking H1B visa holders as member. I do not know the current practice.
3) I think in illinoi, I have heard that H4 people can't get driving licence simply as they do not have social security. Now legally H4 can not have social security and thus no driving license. ITIN would not be considered for driving license. This story I also heard a while back. I do not know about current situation.
4) In job, you can not have promotion, salary increment (Though Accounting workarounds ultimately can provide you what you want from the company).
5) 401 K investment can become risky if you will have to go out of uSA permanently in a sense of 10 % penalty for early withdraw. Ya, Somebody can say that then do not withdraw. In that case, managing it would be hell by sitting thousands of miles away from US.
6) You can not invest in Educational investments schemes ( Theoratically you can invest and they will take your money gladly) as those are ONE-WAY money, once gone you can not take out, only your children can take out. Now imagine you are on H1.. Invetsed money in eduction schemes for your children. Down the road after 10 years suddenly finding yourself in limbo you go back to your country... money is stuck.. ( I do not have full scale study of workarounds..Someone more elite on this subject can put mor light on this)
7) By any chance if you get kicked out (For whatever reason including you kicked out yourself) from USA before 10 years of work.. you loose all of your social security (Not applicable to people of all other countries, but ceratinly applicable to Indians)
Most employers use this as an excuse to not raise your salary but that does not mean that you salary cannot be raised if the employer is willing.
1) Life Insurance ... AIG refuses to give me the quot for 30 years (Ready to give me a 20 year term life quot) term life insurance knowing I am on work visa, US GC is in process (Though I did not mention that I am Canadian permanent immigrant). AAA issued me a policy that is 20 years not 30 years (Simply refused) when I gave the proof of Canadian permanent immigration and US GC filing. This is most current experience.
2) After 2001 bubble burst many credit unions stopped taking H1B visa holders as member. I do not know the current practice.
3) I think in illinoi, I have heard that H4 people can't get driving licence simply as they do not have social security. Now legally H4 can not have social security and thus no driving license. ITIN would not be considered for driving license. This story I also heard a while back. I do not know about current situation.
4) In job, you can not have promotion, salary increment (Though Accounting workarounds ultimately can provide you what you want from the company).
5) 401 K investment can become risky if you will have to go out of uSA permanently in a sense of 10 % penalty for early withdraw. Ya, Somebody can say that then do not withdraw. In that case, managing it would be hell by sitting thousands of miles away from US.
6) You can not invest in Educational investments schemes ( Theoratically you can invest and they will take your money gladly) as those are ONE-WAY money, once gone you can not take out, only your children can take out. Now imagine you are on H1.. Invetsed money in eduction schemes for your children. Down the road after 10 years suddenly finding yourself in limbo you go back to your country... money is stuck.. ( I do not have full scale study of workarounds..Someone more elite on this subject can put mor light on this)
7) By any chance if you get kicked out (For whatever reason including you kicked out yourself) from USA before 10 years of work.. you loose all of your social security (Not applicable to people of all other countries, but ceratinly applicable to Indians)
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ilikekilo
01-09 12:53 PM
not sure what you meant but all your benefits CEASE on the day of your termination in the job..
more...
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jitnair
08-05 09:50 PM
But consider this: I just posted this in the approval thread:
Looking at the overall approval trend in IV, , Murthy forum etc it is clear to me that FIFO is out of the door and in most likelihood low hanging fruit is being plucked from the tree. At the next Ombudsman call I am going to raise the issue of USCIS's declared commitment to FIFO but actions that seem completely contrary to it.
Obviously anonymous postings in open forums cannot be presented as evidence but one can certainly request the Ombudsman's office to ask for monthly 485 approval statistics and the cat will be out of the bag. By the time the wheels of Goverment bureaucracy move it might be a month or two before this data is made available to the Ombudsman's Office; forget the applicants - that will be like asking for the moon.
Regardless of whether I get approved or not in the next month or two; from a process perspective a monthly approval report going from the USCIS to the Ombudsman's Office each month should hopefully force them to stop this stonewalling and walk the talk.
This will not only help EB2s down the line but spare a thought for next year when EB2 is current, EB3 has a cut off of June 1, 2006 and we start seeing May 2006 EB3 approvals when 2001/02 EB3s are still pending. Again I welcome suggestions but the focus of my effort is going to be the approval process rather than a personal case or two.
Agree - Only solution is to process by PD, rather than anyother dates - Also the PD porting mechanism needs some review. Once the position in line is set it should be set for ever - It is simply unfair for deserving folks waiting in line from 01 (if they are truly 'waiting' that is) if an 04 guy gets approved just becoz. he got his app at NSC/TSC's door a few days earlier. I dont think anyone will complain with that kind of a rule - other than may be USCIS as their processing statistics/metrics may become complicated.
May be writing to Ombudsman will help in this regard.
Looking at the overall approval trend in IV, , Murthy forum etc it is clear to me that FIFO is out of the door and in most likelihood low hanging fruit is being plucked from the tree. At the next Ombudsman call I am going to raise the issue of USCIS's declared commitment to FIFO but actions that seem completely contrary to it.
Obviously anonymous postings in open forums cannot be presented as evidence but one can certainly request the Ombudsman's office to ask for monthly 485 approval statistics and the cat will be out of the bag. By the time the wheels of Goverment bureaucracy move it might be a month or two before this data is made available to the Ombudsman's Office; forget the applicants - that will be like asking for the moon.
Regardless of whether I get approved or not in the next month or two; from a process perspective a monthly approval report going from the USCIS to the Ombudsman's Office each month should hopefully force them to stop this stonewalling and walk the talk.
This will not only help EB2s down the line but spare a thought for next year when EB2 is current, EB3 has a cut off of June 1, 2006 and we start seeing May 2006 EB3 approvals when 2001/02 EB3s are still pending. Again I welcome suggestions but the focus of my effort is going to be the approval process rather than a personal case or two.
Agree - Only solution is to process by PD, rather than anyother dates - Also the PD porting mechanism needs some review. Once the position in line is set it should be set for ever - It is simply unfair for deserving folks waiting in line from 01 (if they are truly 'waiting' that is) if an 04 guy gets approved just becoz. he got his app at NSC/TSC's door a few days earlier. I dont think anyone will complain with that kind of a rule - other than may be USCIS as their processing statistics/metrics may become complicated.
May be writing to Ombudsman will help in this regard.
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H4_losing_hope
03-14 06:20 PM
Were the letters mailed? Btw I sent my letter to IV aswell as to President.
IV will be taking the letters to their meeting with the Administration officials. Thanks for joining in the efforts :)
IV will be taking the letters to their meeting with the Administration officials. Thanks for joining in the efforts :)
more...
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Jimi_Hendrix
12-29 03:15 PM
this is all quite confusing and probably you need to consult an expert.
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mhb
07-06 03:24 PM
Maybe the podcast is released the day after the news is telecast? Any idea?
who knows how these guys function?!!! i just hope they show th enews cast if not tonight then tommorow night.
who knows how these guys function?!!! i just hope they show th enews cast if not tonight then tommorow night.
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sayantan76
05-10 12:33 PM
..
There is something seriously wrong here.....one gets red dots for even simply truthfully recording answers to some questions asked by administrator......or are the red dots simply to protest/ express displeasure with the fact that my GC process was not as difficult as some other people.......its like "misery likes company" - i am miserable bcos i dont have a GC and hence am pissed off at this guy who despite not being crazy about GC got his in 7 months.........so i will give him red dots..............
Guys - get over it.........look at the general tone of posts from all on this particular thread - GC did not make any "big" change to most folks.......
For the more rational beings - i genuinely hope that you get your gcs within reasonable wait times and the waiting time does not take away from the personal and professional successes you deserve!
There is something seriously wrong here.....one gets red dots for even simply truthfully recording answers to some questions asked by administrator......or are the red dots simply to protest/ express displeasure with the fact that my GC process was not as difficult as some other people.......its like "misery likes company" - i am miserable bcos i dont have a GC and hence am pissed off at this guy who despite not being crazy about GC got his in 7 months.........so i will give him red dots..............
Guys - get over it.........look at the general tone of posts from all on this particular thread - GC did not make any "big" change to most folks.......
For the more rational beings - i genuinely hope that you get your gcs within reasonable wait times and the waiting time does not take away from the personal and professional successes you deserve!
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rajuseattle
07-21 11:51 AM
NSC: July 02nd 2008
Received Paper Receipts: July 11 2008
Waiting for the FP notices.
Received Paper Receipts: July 11 2008
Waiting for the FP notices.
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jonty_11
07-02 03:23 PM
Total 1000 for Medical - self
UUSees and Attorney Fees - EMployer
UUSees and Attorney Fees - EMployer
prabasiodia
08-09 05:24 PM
I think these memos might have been dissected a thousand times, but here they are:
Continuing validity of I-140: http://www.uscis.gov/files/pressrelease/I140_AC21_8403.pdf
AC21 guidelines: http://www.uscis.gov/files/pressrelease/AC21intrm051205.pdf
It's clear that the stress is on "intent". If at the filing of I-485, both the employer and the employee had the intent, it's fine. The only restriction is, one may not be looking for "same or similar" job at the time of I-485 adjudication. Why this restriction is even there is beyond me. It doesn't clearly state how much time after the adjudication, you should not be looking.
Of course, the lawyers seem to be on the cautious side. Read the last sentence under intent in the following site (AC21: Changing employer while waiting for pending adjustment of status (http://www..com/greencard/adjustmentofstatus/changing-employer.html) ). It says that ...theoretically, USCIS might be able to revisit the adjudication of I-485 and initiate revocation processing.
This inference is without any attribution.
Then again, I couldn't find a single case where the I-485 was revoked because of suspected fraud in "Intent". We do need clarification from USCIS on this.
Continuing validity of I-140: http://www.uscis.gov/files/pressrelease/I140_AC21_8403.pdf
AC21 guidelines: http://www.uscis.gov/files/pressrelease/AC21intrm051205.pdf
It's clear that the stress is on "intent". If at the filing of I-485, both the employer and the employee had the intent, it's fine. The only restriction is, one may not be looking for "same or similar" job at the time of I-485 adjudication. Why this restriction is even there is beyond me. It doesn't clearly state how much time after the adjudication, you should not be looking.
Of course, the lawyers seem to be on the cautious side. Read the last sentence under intent in the following site (AC21: Changing employer while waiting for pending adjustment of status (http://www..com/greencard/adjustmentofstatus/changing-employer.html) ). It says that ...theoretically, USCIS might be able to revisit the adjudication of I-485 and initiate revocation processing.
This inference is without any attribution.
Then again, I couldn't find a single case where the I-485 was revoked because of suspected fraud in "Intent". We do need clarification from USCIS on this.
pasupuleti
04-02 11:53 AM
sent both faxes
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