srh1
10-30 11:19 AM
bluez25 ....thank you so much for your reply.
addsf345 looks like you have a chicken head.
you dont have the common sense to understand the thread might be useful for people like me who could'nt decide whether to jump to a new employer with in 6 months or not as it would trigger any problem during Naturalization.
Seeing your comments i see your jealous of others getting GC. Change your thinking as the question which i asked at some point or the other you will also have the same question then at that point you will look like a chicken.
addsf345 looks like you have a chicken head.
you dont have the common sense to understand the thread might be useful for people like me who could'nt decide whether to jump to a new employer with in 6 months or not as it would trigger any problem during Naturalization.
Seeing your comments i see your jealous of others getting GC. Change your thinking as the question which i asked at some point or the other you will also have the same question then at that point you will look like a chicken.
wallpaper 2009 Hyundai Santa Fe Photo
kerstbrd
08-31 12:53 PM
maybe I should register another country, declare war on your's, and then all your citizens can apply for refugee/asylum.
abqguy
09-16 03:35 PM
Will call the rest during my next break :)
2011 See also: Hyundai Santa Fe
ARUNRAMANATHAN
06-11 03:03 PM
Is there reason you say that I cannot port the PD ...? Please explain.
Arun
You cannot port your I-140 to the new company. So, your H1B will also get affected as it extn is based on the underlying I-140. The only way you can accomplish moving to company B is by filing for I-485 while still at Company A (if your dates are current), wait for 6 months and then, use the AC21 provision.
This is just my view. There might be better ways but, that is the only one I can think right now.
Arun
You cannot port your I-140 to the new company. So, your H1B will also get affected as it extn is based on the underlying I-140. The only way you can accomplish moving to company B is by filing for I-485 while still at Company A (if your dates are current), wait for 6 months and then, use the AC21 provision.
This is just my view. There might be better ways but, that is the only one I can think right now.
more...
usirit
11-21 12:14 AM
You are from ROW....here are some things to consider....
Is your new employer filing your GC under EB-2? If the answer is yes, then you should definitely take the new job and re-file GC and not worry about your EB-3 perm that is pending.
If your new employer is going to file under EB-3, then you have to evaluate which job is better for you (as far as pay, position etc.). If you think the new job is much better than what you have now, then I think you should still go for it. Your PD is very recent and a PD of Aug 2007 and a PD of (say) Feb/Mar 2008 has approximately the same value (according to me).
You have a valid H-1B until June 2009 and since you will apply for your perm LC before June 2008, you are eligible for atleast 1 year H-1B renewals.
Hope this helps. Good luck.
Thank you for your quick reply 'loudoggs'... of course it helps and it raise my confidence on the IV group....
I've actually just e-mailed the new employer attorney in order to evaluate the possibility of filling on a different employment-based category. Do you think I will be able to evaluate if I fit on EB-2 rather than my current category EB-3?
Comparing employers (IT field) the new one is offering a more up-to-date technology and improved package but I am so attached to my current one...
Is your new employer filing your GC under EB-2? If the answer is yes, then you should definitely take the new job and re-file GC and not worry about your EB-3 perm that is pending.
If your new employer is going to file under EB-3, then you have to evaluate which job is better for you (as far as pay, position etc.). If you think the new job is much better than what you have now, then I think you should still go for it. Your PD is very recent and a PD of Aug 2007 and a PD of (say) Feb/Mar 2008 has approximately the same value (according to me).
You have a valid H-1B until June 2009 and since you will apply for your perm LC before June 2008, you are eligible for atleast 1 year H-1B renewals.
Hope this helps. Good luck.
Thank you for your quick reply 'loudoggs'... of course it helps and it raise my confidence on the IV group....
I've actually just e-mailed the new employer attorney in order to evaluate the possibility of filling on a different employment-based category. Do you think I will be able to evaluate if I fit on EB-2 rather than my current category EB-3?
Comparing employers (IT field) the new one is offering a more up-to-date technology and improved package but I am so attached to my current one...
jo3350
05-13 10:16 AM
President Bush is going to be giving a speech on Immigration this Monday at 8 p.m EST. Is there any way IV can get the Issue of Legal Immikgration addressed in his speech.
more...
ganguteli
04-08 06:21 PM
Please feel free to delete my id.
I am done here. Wish good luck to everybody. Hope everyone gets GC soon.
As if your ID has any value?
Who cares about annonymous IDs anyways. :D:D:D
I am happy you did not get any reply. You thought you are some Senator or VIP...
Go show off your ego to your CEO and lawyer. You will get the treatment that will put you on ground level.
I am done here. Wish good luck to everybody. Hope everyone gets GC soon.
As if your ID has any value?
Who cares about annonymous IDs anyways. :D:D:D
I am happy you did not get any reply. You thought you are some Senator or VIP...
Go show off your ego to your CEO and lawyer. You will get the treatment that will put you on ground level.
2010 2003 Hyundai Santa Fe
mpadapa
10-10 06:40 AM
H1 extensions are never subjected to cap. But if U start using EAD (by filing I-9) then U loose H1 status and hence U break the continuity of H1, so in future if U decide to go back to H1B (for reason like 485 rejected), then U have to apply a NEW H1 which is subjected to cap (not applicable for cap-exempt employment).
H4 is not lost when U use EAD, it is just that U R in AOS status on H4. It is similar to F1, F1 status doesn't allow ppl to work outside campus, but after U graduate, U can work anywhere on EAD (for 1yr) and still be on F1 status and travel using F1. The same Q is answered by susan henner on the IV free conf on Sep 30, the recording of that can be found at http://immigrationvoice.blogspot.com/
augustus U'r lawyer is absolutely correct. Come on folks don't scare people..
Afaik, you can file for an H1 extension without being subject to caps as long as an AOS pending. For instance, you can take a break and go to school, and then file for another H1 extension - it won't be subject to the caps. Confirm it with your lawyer.
jazz
H4 is not lost when U use EAD, it is just that U R in AOS status on H4. It is similar to F1, F1 status doesn't allow ppl to work outside campus, but after U graduate, U can work anywhere on EAD (for 1yr) and still be on F1 status and travel using F1. The same Q is answered by susan henner on the IV free conf on Sep 30, the recording of that can be found at http://immigrationvoice.blogspot.com/
augustus U'r lawyer is absolutely correct. Come on folks don't scare people..
Afaik, you can file for an H1 extension without being subject to caps as long as an AOS pending. For instance, you can take a break and go to school, and then file for another H1 extension - it won't be subject to the caps. Confirm it with your lawyer.
jazz
more...
ashkam
12-15 08:37 AM
Probably his problems are due to H 4 visa situation where as his 140 approved and got EAD.
Option 1) Get work on EAD, send your wife back to India and get her on Follow To Join.
Option 2) H1 transfer, she can stay. Apply labor/140 again and port the 140 priority date apply for 485, when date becomes current.
But option 1 is far far better, even it needs little sacrifise from your spouse point of view.
Or she can continue to stay by switching to F1 status.
Thai is the best way.
Why would he have to redo his labor and I-140? Why can't he just use AC21 even with H1 transfer?
I would say the best option (if possible) is to try and get his wife on an F1 visa as a backup plan for the fall 2009 semester.
Option 1) Get work on EAD, send your wife back to India and get her on Follow To Join.
Option 2) H1 transfer, she can stay. Apply labor/140 again and port the 140 priority date apply for 485, when date becomes current.
But option 1 is far far better, even it needs little sacrifise from your spouse point of view.
Or she can continue to stay by switching to F1 status.
Thai is the best way.
Why would he have to redo his labor and I-140? Why can't he just use AC21 even with H1 transfer?
I would say the best option (if possible) is to try and get his wife on an F1 visa as a backup plan for the fall 2009 semester.
hair Hyundai Elantra Touring Top
Berkeleybee
09-01 08:39 PM
Michael Cutler is a Fellow of the Center for Immigration Studies, a notoriously anti-immigrant organization.
It is part of the John Tanton network of anti-immigrant organizations (includes NumbersUSA, FAIR etc.). See here (http://www.splcenter.org/intel/intelreport/article.jsp?sid=72)
He is not currently at CIS, he is an ex-employee of the INS, and given his sentiments I am glad he is an ex-employee.
Google the guy, you'll see his rage all over the web.
These hearings were organized by our best friend Sensenbrenner. Other policymakers by now ought to recognize FAIR, NumbersUSA and its ilk what what they are.
best,
Berkeleybee
It is part of the John Tanton network of anti-immigrant organizations (includes NumbersUSA, FAIR etc.). See here (http://www.splcenter.org/intel/intelreport/article.jsp?sid=72)
He is not currently at CIS, he is an ex-employee of the INS, and given his sentiments I am glad he is an ex-employee.
Google the guy, you'll see his rage all over the web.
These hearings were organized by our best friend Sensenbrenner. Other policymakers by now ought to recognize FAIR, NumbersUSA and its ilk what what they are.
best,
Berkeleybee
more...
stucklabor
09-19 06:43 PM
BKarnik is partially correct, I got a H1 extension for 3 years after my I-140 approval but my lawyers had to specifically call USCIS' attention to the approved I-140. It is possible that your lawyers did a good job of putting together the H1 application so USCIS was aware of your GC application and cross checked and gave you a 3 year extension based on the approved I-140.
Re: your situation with the new job situation, you should submit this question to the next Lawyers' conf call.
Re: your situation with the new job situation, you should submit this question to the next Lawyers' conf call.
hot the Tuscon and Santa Fe.
ncgc2005
10-15 01:43 PM
I am in the same boat. I have recieved my 2nd EAD with wrong dates (validity dates same as my 1st EAD). Called USCIS and was told to fill out I-765 and along with the card and send it back to service center (w/o any fees).
Just curious if it worked out for you, as I am afraid that I don't want to re-start my 90-day clock all over again.
Just curious if it worked out for you, as I am afraid that I don't want to re-start my 90-day clock all over again.
more...
house 2002 Hyundai Santa Fe GLS
chanduv23
07-27 09:50 PM
The good indication of anyone 485 is pre-adjudicated, if LUD changes continously for 3 or 4 days on their online account with uscis. To notice thist, one has to moniter every day. If they receive RFE, it is the good indication of the application will be pre-adjudicated based on the aswer to the RFE. If they recive answer to RFE, the LUD will normalyy change with in 10 days continously. Pre-adjudicatred does not mean that it is 100% pre-approved. They may ask a question at the time of approval, if the 485 is pending for pro-lonnged time after it is pre-adjudicated.
Need not necessarily be the case. Soft LUDs are not reliable and sometimes the online system never reflects LUDs, but offocurse when there are soft LUDs it is obvious that the file is being processed and status getting updated.
There could be cases that are preadjudicated but we never really see any continuous soft LUDs and there could be cases that arenot preadjudicated but we see tons of LUDs hitting.
I spoke to a person who recently received his GC - no LUDs nothing, no status change after responding to RFE and no approval email - the GCs were lying in the mailbox one fine day.
Need not necessarily be the case. Soft LUDs are not reliable and sometimes the online system never reflects LUDs, but offocurse when there are soft LUDs it is obvious that the file is being processed and status getting updated.
There could be cases that are preadjudicated but we never really see any continuous soft LUDs and there could be cases that arenot preadjudicated but we see tons of LUDs hitting.
I spoke to a person who recently received his GC - no LUDs nothing, no status change after responding to RFE and no approval email - the GCs were lying in the mailbox one fine day.
tattoo 2010 Hyundai Santa Fe Facelift
vallabhu
01-02 01:53 PM
I am in my 8th year extension which is ending in April, My attorney think its 100% win case for one main reason
my labor is filed EB3 Skilled worker
he mentioned with in EB3 there are 2 categories Skilled and professional
for EB3 professional USCIS has complete authority to deny based educational requirements and they can define educational requirements based on job profile.
but for eb3 skilled employer has complete discretion of defining edu requirements.
mine was filed in eb3 skilled and ETA clearly says client will accept 3 year foreign degree.
h thinks any second eye would have approved this but it was unfortunate to be processed by a adjudicator who does have comeplete knwledge and does not know difference between eb3 prof and eb3 skilled
his plan of action is to send them evaluations from multiple academies as you guys have mentioned.
and it looks very fishy from the denial letter
denial states I have now taken any maths courses in graduation but course in physics and chemistry in graduation, and one math course in intermediate which is not sufficient.
and maths is mentioned between physics and chemistry we don't know how he could miss that, Intermediate transcripts does mention mathematics.
I can paste exact content of denial by tomorrow.
my labor is filed EB3 Skilled worker
he mentioned with in EB3 there are 2 categories Skilled and professional
for EB3 professional USCIS has complete authority to deny based educational requirements and they can define educational requirements based on job profile.
but for eb3 skilled employer has complete discretion of defining edu requirements.
mine was filed in eb3 skilled and ETA clearly says client will accept 3 year foreign degree.
h thinks any second eye would have approved this but it was unfortunate to be processed by a adjudicator who does have comeplete knwledge and does not know difference between eb3 prof and eb3 skilled
his plan of action is to send them evaluations from multiple academies as you guys have mentioned.
and it looks very fishy from the denial letter
denial states I have now taken any maths courses in graduation but course in physics and chemistry in graduation, and one math course in intermediate which is not sufficient.
and maths is mentioned between physics and chemistry we don't know how he could miss that, Intermediate transcripts does mention mathematics.
I can paste exact content of denial by tomorrow.
more...
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hpandey
06-02 03:16 PM
you are right, but isnt that found only when you are travelling outside of the USA? If I am in USA till i get a gc and then add my wife, how will anyone know if she is out of status ?
As people have said above as soon as you move from H1 to EAD your H1 would be no longer be valid and hence the corresponding H-4 status will no longer be valid and since you cannot file for AOS for your wife now , your wife will be out of status.
This information will come up in future when you apply for I-485 for your wife.It does not matter if your wife is still in the US or not. She will be out of status if you lose your H1 status ( just like anyone who loses his H1 status the dependent also loses his status ).
As people have said above as soon as you move from H1 to EAD your H1 would be no longer be valid and hence the corresponding H-4 status will no longer be valid and since you cannot file for AOS for your wife now , your wife will be out of status.
This information will come up in future when you apply for I-485 for your wife.It does not matter if your wife is still in the US or not. She will be out of status if you lose your H1 status ( just like anyone who loses his H1 status the dependent also loses his status ).
dresses 2009 Hyundai Santa Fe Limited
americandesi
06-17 11:48 PM
There is an option in US Greencard called “Commuter Permanent Resident Card”. Refer the link below for more details
http://www.lanepowell.com/pressroom/pubs/pdfold/bc_2002_0005.pdf
This GC allows you to live in Canada/Mexico and commute to United States for work. Though you are loosing the year count towards US Citizenship with this GC, I think it’s a better option for anyone who wants to apply for citizenship in both countries.
(ie) Convert the regular Permanent resident card to “Commuter Permanent Resident Card” (Form I-90) -> Live in canada and commute to work in US for the next 3 years (Windsor-Detroit) -> get the canadian citizenship after 3 years -> convert the “Commuter Permanent Resident Card” to regular Permanent resident card (Form I-90) and settle down in US -> Get the US citizenship after 5 years.
The advantage with this approach is that you earn in US dollars though you live in Canada during the first 3 years.
http://www.lanepowell.com/pressroom/pubs/pdfold/bc_2002_0005.pdf
This GC allows you to live in Canada/Mexico and commute to United States for work. Though you are loosing the year count towards US Citizenship with this GC, I think it’s a better option for anyone who wants to apply for citizenship in both countries.
(ie) Convert the regular Permanent resident card to “Commuter Permanent Resident Card” (Form I-90) -> Live in canada and commute to work in US for the next 3 years (Windsor-Detroit) -> get the canadian citizenship after 3 years -> convert the “Commuter Permanent Resident Card” to regular Permanent resident card (Form I-90) and settle down in US -> Get the US citizenship after 5 years.
The advantage with this approach is that you earn in US dollars though you live in Canada during the first 3 years.
more...
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Quest99
09-14 03:30 PM
Here is my story:
I work for Company A. Got an offer from Company B who is a consulting company. Got placed in a project which is like 1.5 hrs away from my home (I accepted this opportunity for my GC and everything was fine). Company B filed for my LCA for the H1-B transfer. They accepted to pay all the H1-B transfer fees.
Here is my problem:
1 week after my LCA was filed, I came to know that my wife was pregnant. As per the doctor she needs some close attention and care because of her health condition(atleast for 2 months). Also, I have to take her for tests minimum once per week at a hospital which is quite opposite in direction where company B placed me (2hrs ride).
I came to a conclusion not to take this opportunity because of my wife's health and also keeping in mind how the new job will treat me (in terms of flexibility. leaving early, WFH etc - for my wife's treatment). I felt this was a genuine reason from my side.
I informed Company B about this change of plan because I cannot commute such a long distance having these constraints in mind (not good for me as well as not good for the new project).
Company B is asking me pay $3000 for some damages and they say that it is as per the contract.
To my true knowledge I did not sign any kind of contract with them neither the recruiter told me anything. Now Company B is saying that minimum 3 months is required or I have to pay for H1-B transfer and all other fees.
The offer letter that I signed clearly stated that the employment is "At Will" in nature which when asked now, Company B is saying that is for GC and Citizens (which is not mentioned anywhere in the offer letter).
The thing is that they are threatening me and they were so rough and hard when I finally spoke to them. They said that they will be sending the vouchers for me to pay them back.
I thank God for not joining this company as I came to know about their true colors now, they are so money minded and the words they spoke were so harmful. I am pretty sure they would have created more problems for some other reasons if I had joined them.
Even though I did not sign any bond, I am really scared by the way they spoke to me. Any help or advice will be greatly appreciated.
I work for Company A. Got an offer from Company B who is a consulting company. Got placed in a project which is like 1.5 hrs away from my home (I accepted this opportunity for my GC and everything was fine). Company B filed for my LCA for the H1-B transfer. They accepted to pay all the H1-B transfer fees.
Here is my problem:
1 week after my LCA was filed, I came to know that my wife was pregnant. As per the doctor she needs some close attention and care because of her health condition(atleast for 2 months). Also, I have to take her for tests minimum once per week at a hospital which is quite opposite in direction where company B placed me (2hrs ride).
I came to a conclusion not to take this opportunity because of my wife's health and also keeping in mind how the new job will treat me (in terms of flexibility. leaving early, WFH etc - for my wife's treatment). I felt this was a genuine reason from my side.
I informed Company B about this change of plan because I cannot commute such a long distance having these constraints in mind (not good for me as well as not good for the new project).
Company B is asking me pay $3000 for some damages and they say that it is as per the contract.
To my true knowledge I did not sign any kind of contract with them neither the recruiter told me anything. Now Company B is saying that minimum 3 months is required or I have to pay for H1-B transfer and all other fees.
The offer letter that I signed clearly stated that the employment is "At Will" in nature which when asked now, Company B is saying that is for GC and Citizens (which is not mentioned anywhere in the offer letter).
The thing is that they are threatening me and they were so rough and hard when I finally spoke to them. They said that they will be sending the vouchers for me to pay them back.
I thank God for not joining this company as I came to know about their true colors now, they are so money minded and the words they spoke were so harmful. I am pretty sure they would have created more problems for some other reasons if I had joined them.
Even though I did not sign any bond, I am really scared by the way they spoke to me. Any help or advice will be greatly appreciated.
girlfriend Hyundai Santa Fe
GCNirvana007
04-08 04:46 PM
Ok, i appreciate all the answers/recommendations. Now since You guys are the IV, can i get answer to my original questions
Thanks.
Thanks.
hairstyles 2009 Hyundai Santa Fe GLS
greenguru
01-31 10:34 AM
Hi,
Yes, UnitedNations please join us. I know there are lot of people waiting for your serivces.
You might not have the time to respond to all the posts, but if you could give your inputs that would be great.
Cheers
Yes, UnitedNations please join us. I know there are lot of people waiting for your serivces.
You might not have the time to respond to all the posts, but if you could give your inputs that would be great.
Cheers
mchundi
02-16 06:02 PM
Let us put it this way. Short term we can get some benefits of the 90 k visas that can be recaptured (140k according to the Ombudsman - 50k which went to Schedule A last year) But now 90k , regardless of whether it frees numbers for all countries, is going to be a short lived relief . With so many cases coming out of the backlog, there has to be some long term solution for this. All the comprehensive immigration bills had been talking of raising the per country quota by a couple of % but you have to also see that they are redistributing the allocations to EB1, 2 and 3. So I guess in the long run, there is no other option but to increase the overall quota
In the long run yes, we need to think big. One reason i brought this up as several of the immigration bills were to be taken up last year, but the Senate is not allocating enough time to discuss this. The house for its part passed a partisan bill with very little benefits for the legal immigrants.
If the discussion on some of the controversial issues in the "CIR" get ugly things may be postponed to the next year(Not much activity may be planned as we get closer to elections, most house members may go back to campaigning).
90k is not much, but the way USCIS works is odd. Because they cannot process 90k +140K petetions in a short time, it will allow everybody to file I-485 and get portability.
--MC
In the long run yes, we need to think big. One reason i brought this up as several of the immigration bills were to be taken up last year, but the Senate is not allocating enough time to discuss this. The house for its part passed a partisan bill with very little benefits for the legal immigrants.
If the discussion on some of the controversial issues in the "CIR" get ugly things may be postponed to the next year(Not much activity may be planned as we get closer to elections, most house members may go back to campaigning).
90k is not much, but the way USCIS works is odd. Because they cannot process 90k +140K petetions in a short time, it will allow everybody to file I-485 and get portability.
--MC
wellwishergc
06-13 03:33 PM
I agree with Raydhan!!
Forget the visa bulletin, GCs, etc for a month and enjoy your team crushing every other team for the next one month.
Go Brazil!!!:) Go Ronaldinho, Ronaldo, Roberto, Kaka!!!
camberiu,
Let's forget about the visa numbers. My P.D. is Jan'02 (EB3-India :( )and I am not expecting any movement significant movement for the next 4-6 months.
Atleast you can expect some good news in the World Cup on July 9th. Hope to see Cafu lift Brazil's 6th Cup.
You better log off and watch Brazil-Croatia in 10 minutes.
Forget the visa bulletin, GCs, etc for a month and enjoy your team crushing every other team for the next one month.
Go Brazil!!!:) Go Ronaldinho, Ronaldo, Roberto, Kaka!!!
camberiu,
Let's forget about the visa numbers. My P.D. is Jan'02 (EB3-India :( )and I am not expecting any movement significant movement for the next 4-6 months.
Atleast you can expect some good news in the World Cup on July 9th. Hope to see Cafu lift Brazil's 6th Cup.
You better log off and watch Brazil-Croatia in 10 minutes.
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