LostInGCProcess
09-19 04:35 PM
1) should I invoke Ac 21 ??-- I am worried that the EVL may not meet USCIS needs as it may not be fully detailed
2) The other option I have is to take a leave of absence from my present company for one year and start working for the new company? IN this case what happens if I get RFE for EVL ? Which company should I say I am working for present or the future ? Also If I do take a leave of absence should I send in AC 21 paperwork or no?
PLEASE HELP I am very confused--- I strongly feel that the leave of absence might be an insurance policy but I don't know how to approach it !!
There is no such thing as "invoking" AC21. Its a law. Most important thing is, your I-140 must have been approved and I-485 is pending for more then 180 days....you are Free to sail in the same or similar field.
Forget about option 2.
2) The other option I have is to take a leave of absence from my present company for one year and start working for the new company? IN this case what happens if I get RFE for EVL ? Which company should I say I am working for present or the future ? Also If I do take a leave of absence should I send in AC 21 paperwork or no?
PLEASE HELP I am very confused--- I strongly feel that the leave of absence might be an insurance policy but I don't know how to approach it !!
There is no such thing as "invoking" AC21. Its a law. Most important thing is, your I-140 must have been approved and I-485 is pending for more then 180 days....you are Free to sail in the same or similar field.
Forget about option 2.
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h1bmajdoor
10-07 07:15 PM
will be there.
vikki76
04-08 02:09 PM
GC is for better working conditions while being here in US. If US says that you can not work here anymore, then clearly , only option is to go back to your home country.Lot of people want GC so that they have freedom of changing jobs,starting their own business,spouse work etc. Desire to serve home country or not has nothing to do with it.
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chanduv23
10-08 03:49 PM
^^^^^^^^^^^^^^
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DDash
07-18 10:07 AM
Hi,
Here is my situation. I can apply for I-485 since my labor(PD - Mar 05) has cleared and I-140 has been filed.
But, I have a fiancee and we are getting married in September 2007. She is on H1-B but currently traveling in India.
We cannot get married before September 2007, so, as far as I understand, I cannot add her into my AOS filing right now. And, as far as I understand they are gonna retrogress the dates to oblivion after August 17, 2007.
1. So, my question is, would she have to wait until my priority date become current again before she can add herself into my AOS application?
2. Let's say the answer for question 1 is YES. What happens if due to whatever reason, my I-140 gets approved BEFORE my priority date becomes current, so, in that scenario I wouldn't have been able to apply for her AOS anyway? Then, what are our options?
3. Let's say the answer for question 1 is NO. Then, is there a special processing I need to do to add her since my priority dates will not be current anytime soon because of the retrogression?
Please remember, she DOES carry H1-B on her own.
Thank you,
gc101.
Ask her to come back to USA, get married in USA. You have plenty of time to make this happen. Personal reasons aside, you are in a way better situation that most others (including myself). Good luck!
Here is my situation. I can apply for I-485 since my labor(PD - Mar 05) has cleared and I-140 has been filed.
But, I have a fiancee and we are getting married in September 2007. She is on H1-B but currently traveling in India.
We cannot get married before September 2007, so, as far as I understand, I cannot add her into my AOS filing right now. And, as far as I understand they are gonna retrogress the dates to oblivion after August 17, 2007.
1. So, my question is, would she have to wait until my priority date become current again before she can add herself into my AOS application?
2. Let's say the answer for question 1 is YES. What happens if due to whatever reason, my I-140 gets approved BEFORE my priority date becomes current, so, in that scenario I wouldn't have been able to apply for her AOS anyway? Then, what are our options?
3. Let's say the answer for question 1 is NO. Then, is there a special processing I need to do to add her since my priority dates will not be current anytime soon because of the retrogression?
Please remember, she DOES carry H1-B on her own.
Thank you,
gc101.
Ask her to come back to USA, get married in USA. You have plenty of time to make this happen. Personal reasons aside, you are in a way better situation that most others (including myself). Good luck!
bitzbytz
06-24 02:52 PM
what do you mean by fake pay stubs, can you please clarify.
I am in process of generating pay stubs for my wife by paying the employer tax...so that she is covered for the un paid H1 period.
Why will this cause problem
I am in process of generating pay stubs for my wife by paying the employer tax...so that she is covered for the un paid H1 period.
Why will this cause problem
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fromnaija
02-07 12:16 PM
Thank you all for the responses.
I am EB-ROW and EB2 is current for me.
GoneSouth,
you said "you must get a job zone 5 classification to file EB-2. Note that "information technology manager" is job zone 5". I am not in a manager position. I am software engineer/developer.
Is there any way EB2 can be filed. What should I tell my compary lawyer? I told him my friends in other companies are able to file EB2. they are also software developers. He says "The other companies should not be able to file EB2 for software engineers but I can't say what another company's hiring history would allow and what they are willing to risk in filing a case which surpasses the minimum requirements allowed by DOL."
How do I convince him. Is there any documentation or link which I can show him which states that software developers can file EB2?
Thanks again all..
<rant>
These corporate lawyers are something else! I had the same problem and was only able to file EB3 even though I have Bachelor with over 20 years experience. I think they just like to play it safe. My job was advertized as Bachelor plus four years experience even though HR agreed it required 5 years experience. God save us from fat a** corporate lawyers.
</end rant>
I am EB-ROW and EB2 is current for me.
GoneSouth,
you said "you must get a job zone 5 classification to file EB-2. Note that "information technology manager" is job zone 5". I am not in a manager position. I am software engineer/developer.
Is there any way EB2 can be filed. What should I tell my compary lawyer? I told him my friends in other companies are able to file EB2. they are also software developers. He says "The other companies should not be able to file EB2 for software engineers but I can't say what another company's hiring history would allow and what they are willing to risk in filing a case which surpasses the minimum requirements allowed by DOL."
How do I convince him. Is there any documentation or link which I can show him which states that software developers can file EB2?
Thanks again all..
<rant>
These corporate lawyers are something else! I had the same problem and was only able to file EB3 even though I have Bachelor with over 20 years experience. I think they just like to play it safe. My job was advertized as Bachelor plus four years experience even though HR agreed it required 5 years experience. God save us from fat a** corporate lawyers.
</end rant>
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gunsnkars
07-19 02:56 PM
What Raj is saying is get your GC first and process your wife's through family based which would take a very loong time...10 years!!!
Now to my views..Your wife will be able to piggyback on your 485 application irrespective of her status H1-B or H-4 or F-1..She's your wife PERIOD...no problems there!!what i don't understand is this bangwagon "lets apply ours first and include our wife's petition later when PD becomes current"...Instead y not apply both petitions together when PD becomes current again!!Atleast you wouldn't have to worry what if my petition gets approved b4 my PD becomes current!!!And god knows how many years of H1-B extensions they would give you once you have your applied 485 receipt!!!At the end of the day it is your choice!!!
Now to my views..Your wife will be able to piggyback on your 485 application irrespective of her status H1-B or H-4 or F-1..She's your wife PERIOD...no problems there!!what i don't understand is this bangwagon "lets apply ours first and include our wife's petition later when PD becomes current"...Instead y not apply both petitions together when PD becomes current again!!Atleast you wouldn't have to worry what if my petition gets approved b4 my PD becomes current!!!And god knows how many years of H1-B extensions they would give you once you have your applied 485 receipt!!!At the end of the day it is your choice!!!
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rameshvaid
09-11 06:33 PM
what you are talking about...... in winter when there a ton of snow on drive way...:D or when your grass grows too fast... :D
You got it right..too much of work in the house..
You got it right..too much of work in the house..
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andycool
08-11 07:53 AM
Visa Bulletin for September 2010 (http://travel.state.gov/visa/bulletin/bulletin_5113.html)
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rkg000
09-14 11:53 AM
I don't think linking GC to anything, leave alone buying a house, is such a good idea. I bought my house when only my 140 was approved.
But on the other hand buying a house is a huge responsibility which will, at the very least, take out the flexibility in your movement. Paying rent is not always a waste of money if you look for other means of investment. Hoses are not going to appreciate the way they used to. You'll be lucky if they appreciate by even 1%.
If your eventual plan is live here permanently, then yes go ahead by all means. You won't find better home prices and better loan rates than now.
Pay attention to the expenses you'll incur after buying a home, most importantly
1) Utility Costs (be particularly worried if you live in snow areas).
2) Maintenance (Regular community maintenance and interior maintenance).
3) Property Taxes (if you live in areas like NY, NJ, they'll only go up from already Highs)
4) Child Day care expenses (When you are ready to send your kids to day care, this expense will hurt you the biggest in terms of meeting your mortgage commitments).
But on the other hand buying a house is a huge responsibility which will, at the very least, take out the flexibility in your movement. Paying rent is not always a waste of money if you look for other means of investment. Hoses are not going to appreciate the way they used to. You'll be lucky if they appreciate by even 1%.
If your eventual plan is live here permanently, then yes go ahead by all means. You won't find better home prices and better loan rates than now.
Pay attention to the expenses you'll incur after buying a home, most importantly
1) Utility Costs (be particularly worried if you live in snow areas).
2) Maintenance (Regular community maintenance and interior maintenance).
3) Property Taxes (if you live in areas like NY, NJ, they'll only go up from already Highs)
4) Child Day care expenses (When you are ready to send your kids to day care, this expense will hurt you the biggest in terms of meeting your mortgage commitments).
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saimrathi
07-10 11:48 AM
Any news from the men/women on the "front line"?
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aadimanav
07-15 05:41 PM
A big bump with small push. :)
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Gravitation
01-23 09:18 AM
Here is a post from Ron Gotcher's website which might be of interest to some of us trapped in EB3 I retrogression .
http://www.immigration-information.com/forums/showthread.php?t=7065
He expects visa bulletin cut off for EB3 I to jump to 2004 in coming months. No reasoning behing this though..
Ron has not made prediction specifically about India. Somebody asked Ron about filing I-485 with May 2004 PD without mentioning that (s)he was from India. So Ron probably assumed RoW. The OP later clarified that (s)he is from India and Ron hasn't replied to that. So let's wait for Ron to reply before getting excited about it.
If Ron meant EB3-I, he's probably expecting a July 2007 kind of bump, which allows a lot of people to file but results in very few approvals. This can be inferred from his statement that, "your priority date will become current, briefly, in a few months".
We EB3-I's are looking for any sign, just any sign of hope. But let's be cautious in disseminating such information further.
http://www.immigration-information.com/forums/showthread.php?t=7065
He expects visa bulletin cut off for EB3 I to jump to 2004 in coming months. No reasoning behing this though..
Ron has not made prediction specifically about India. Somebody asked Ron about filing I-485 with May 2004 PD without mentioning that (s)he was from India. So Ron probably assumed RoW. The OP later clarified that (s)he is from India and Ron hasn't replied to that. So let's wait for Ron to reply before getting excited about it.
If Ron meant EB3-I, he's probably expecting a July 2007 kind of bump, which allows a lot of people to file but results in very few approvals. This can be inferred from his statement that, "your priority date will become current, briefly, in a few months".
We EB3-I's are looking for any sign, just any sign of hope. But let's be cautious in disseminating such information further.
more...
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Canadian_Dream
04-21 02:05 PM
Hmm, What part of the words "Good, Reliable and Comprehensive" you did not understand.
Health insurance is not an issue these days as there are several indian firms covering it for foreign travel
Health insurance is not an issue these days as there are several indian firms covering it for foreign travel
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saimrathi
07-10 09:08 AM
:D
I seriously hope that the Director of the USCIS understands our "Gandhigiiri".
We dont want the Americans thinking, "hey lets keep screwing these immigrants and getting stuff like free flowers and free blood from them"
I seriously hope that the Director of the USCIS understands our "Gandhigiiri".
We dont want the Americans thinking, "hey lets keep screwing these immigrants and getting stuff like free flowers and free blood from them"
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rheoretro
11-10 04:25 PM
Can we send email to George Bush Directly
Dude, The President doesn't make laws...he only signs off on them.
Ciao!
RR
Dude, The President doesn't make laws...he only signs off on them.
Ciao!
RR
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cygent
05-02 02:39 PM
What is this OBC battle you are talking about?
My comment was in reference to the poster's Africa comment. Do you think it is well informed & 'classy' ?
As for the OBC battle, is this the right forum to discuss such issues ?
My comment was in reference to the poster's Africa comment. Do you think it is well informed & 'classy' ?
As for the OBC battle, is this the right forum to discuss such issues ?
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pmpforgc
10-17 08:28 AM
Bluekayal
I had all paper work ready for PP and were sent to my Lawyer for premium processing of my Sch. A case. But retrogession occured that night in Nov. visa bulletin. So my lawyer advised me that it is not advantageous to go for it unless your date is current. So we did not filed it.
As I remeber you were not ready for premium process. Any reason or justification for rethinking your decision? let me know if you can outline some advatage of PP of Sch. A at this point, or have seen some cases which enjoyed some advantage due to PP very recently.
I had all paper work ready for PP and were sent to my Lawyer for premium processing of my Sch. A case. But retrogession occured that night in Nov. visa bulletin. So my lawyer advised me that it is not advantageous to go for it unless your date is current. So we did not filed it.
As I remeber you were not ready for premium process. Any reason or justification for rethinking your decision? let me know if you can outline some advatage of PP of Sch. A at this point, or have seen some cases which enjoyed some advantage due to PP very recently.
atul555
06-10 02:56 PM
for self protection.. I can Jackie Chan anyone's ass if they mess with me.. :D
Yet if unemployment reaches 20-25%, I will need a glock.. or if the NWO opens up the fema camps ;)
Yet if unemployment reaches 20-25%, I will need a glock.. or if the NWO opens up the fema camps ;)
logiclife
11-08 02:07 AM
A quick analysis of election results and its relevance to us:
As of 11:45 PM PST, House has gone to Democrats in a landslide; the Senate is on its way depending on outcome in Montana and Virginia. If Democrats win MT and VA (Jon Tester in MT, Jim Webb in VA), the Democrats would control the Senate too.
What it means for us:
Change of control in the House:
This is of biggest consequence. Since Democrats won the House, every chairman of every committee in the house will be a Democrat. They will decide what goes into each committee, what comes out of the committee, what gets floored on the house floor and when. They set the agenda, they set the timetable. They run everything...including what gets served in the House Cafeteria and who occupies which office and who gets how much budget to run their offices. Republicans in the last few years have followed the mantra of “Majority of the majority” when it came to setting the agenda and timetable of house floor votes. What this did was, bills that would win the majority of 435 votes by combining Democrats plus moderate Republicans never got floored onto the house, since the majority of majority (conservative republicans) were against such CIR and by that token non-receptive to the legal variety of immigration.
To get an idea of the minority in the house read this quote from more than a 100 years ago:
”The job of the minority is to make a quorum and to draw its pay.”
-- Speaker Thomas B. Reed, 1890.
Throughout 2006, the biggest obstacle to high-skills-only bill to be floor on the full house or on the judiciary committee was the Republican controlled judiciary committee headed by Jim Sensenbrenner. He has won his own race(Wisconsin’s 5th) – no surprise there – he would not be heading the house Judiciary committee. Even if Republicans would have controlled the house, it would not have been Sensenbrenner, it was his last term as chair of judiciary committee. With Democrats winning, the difference is that it would not be Lamar Smith heading the house judiciary committee; it would be the Democrat John Conyers of Michigan. Whenever there was a non-CIR bill related to high-skills employment based immigration, like the one sponsored by John Shadegg (SKIL bill of the house) it was referred to House Judiciary committee. And Sensenbrenner basically put it on the shelf. That would change. How much? Only time will tell.
Individual Races:
Firstly, J.D. Hayworth of Arizona is on his way to losing his house seat. That’s house congressman called by Arizona Republic Newspaper as a “bully”, a strong anti-immigrant, who is gone from the House.
Secondly, Jim Kolbe (pro-immigrant) retired from Arizona and a Democrat(Giffords) now occupies that seat. A strong anti-immigration candidate (Graf) lost election for that seat. That’s another good news.
Thirdly, Jon Kyl almost lost his Senate seat in Arizona. If it’s any indication that anti-immigration noises are no career-savers, this may be it.
CIR and Democratic majority:
Democrats may still be weary of CIR because of its Amnesty component, but if they win with a landslide they may go for it. If they have a slim majority in the house, CIR could still be in jeopardy. But once CIR is dead, a legal skilled immigration bill may have a better chance as the House Judiciary committee wont be killing it every time it sees it and the Senate has already passed high-skills relief in one form or other more than once since December 2005 – S 1932 provisions, Managers amendments to CIR and Cornyn’s SKIL amendment to CIR.
As of 11:45 PM PST, House has gone to Democrats in a landslide; the Senate is on its way depending on outcome in Montana and Virginia. If Democrats win MT and VA (Jon Tester in MT, Jim Webb in VA), the Democrats would control the Senate too.
What it means for us:
Change of control in the House:
This is of biggest consequence. Since Democrats won the House, every chairman of every committee in the house will be a Democrat. They will decide what goes into each committee, what comes out of the committee, what gets floored on the house floor and when. They set the agenda, they set the timetable. They run everything...including what gets served in the House Cafeteria and who occupies which office and who gets how much budget to run their offices. Republicans in the last few years have followed the mantra of “Majority of the majority” when it came to setting the agenda and timetable of house floor votes. What this did was, bills that would win the majority of 435 votes by combining Democrats plus moderate Republicans never got floored onto the house, since the majority of majority (conservative republicans) were against such CIR and by that token non-receptive to the legal variety of immigration.
To get an idea of the minority in the house read this quote from more than a 100 years ago:
”The job of the minority is to make a quorum and to draw its pay.”
-- Speaker Thomas B. Reed, 1890.
Throughout 2006, the biggest obstacle to high-skills-only bill to be floor on the full house or on the judiciary committee was the Republican controlled judiciary committee headed by Jim Sensenbrenner. He has won his own race(Wisconsin’s 5th) – no surprise there – he would not be heading the house Judiciary committee. Even if Republicans would have controlled the house, it would not have been Sensenbrenner, it was his last term as chair of judiciary committee. With Democrats winning, the difference is that it would not be Lamar Smith heading the house judiciary committee; it would be the Democrat John Conyers of Michigan. Whenever there was a non-CIR bill related to high-skills employment based immigration, like the one sponsored by John Shadegg (SKIL bill of the house) it was referred to House Judiciary committee. And Sensenbrenner basically put it on the shelf. That would change. How much? Only time will tell.
Individual Races:
Firstly, J.D. Hayworth of Arizona is on his way to losing his house seat. That’s house congressman called by Arizona Republic Newspaper as a “bully”, a strong anti-immigrant, who is gone from the House.
Secondly, Jim Kolbe (pro-immigrant) retired from Arizona and a Democrat(Giffords) now occupies that seat. A strong anti-immigration candidate (Graf) lost election for that seat. That’s another good news.
Thirdly, Jon Kyl almost lost his Senate seat in Arizona. If it’s any indication that anti-immigration noises are no career-savers, this may be it.
CIR and Democratic majority:
Democrats may still be weary of CIR because of its Amnesty component, but if they win with a landslide they may go for it. If they have a slim majority in the house, CIR could still be in jeopardy. But once CIR is dead, a legal skilled immigration bill may have a better chance as the House Judiciary committee wont be killing it every time it sees it and the Senate has already passed high-skills relief in one form or other more than once since December 2005 – S 1932 provisions, Managers amendments to CIR and Cornyn’s SKIL amendment to CIR.
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