baburob2
10-03 10:32 AM
Basically to retain the PD you should have the copy of the I-140 approved and you could retain the PD. Having said that, different lawyers have different interpretations when you switch jobs and retain the PD. Basicallly some lawyers say you could retain the PD even if your old employer uses it for another person after revoking yours, while others say you can't retain PD if your old employer revokes your I-140. However if your old employer willn't revoke your I-140 then you could definetely port your PD with your new employer. If you employer is hesitant to give, you could try asking him other ways if possible for H1B stamping etc.
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Libra
07-12 12:51 PM
My question is a person with no shame, can he feel shameful???:confused:
honest123
01-27 07:59 PM
Personally I do think giving this 55,000 annual quota green cards to employment-based Science & Medicine immigrants is better than giving DV-lottery to other lucky people just win the lottery but without any high educational qualification. Also, since international students have stayed in US for long years and they have documents such as social security no. and driver licenses' to run the comprehensive background check. Therefore, it minimizes a lot of the risk to invite the criminals to immigrate.
However, I am curious whether this bill will be beneficial to all US advanced graduates in Science & Medicine or not. I know some new H-1B workers in those advanced degrees may NOT be the EB-type and they need to wait for certain years and then the employers will sponsor them green cards as the EB-category. And if the employers don't sponsor them green cards due to companies' merging different departments or for other accidental reason, they will lose their green cards.
Also, some advanced graduates in Science & Medicine cannot get the H-1B working visa smoothly due to H-1B quota is full and need to leave US and some of them can't get the
H-1B extension and need to leave US. Or some of them got laid off during their employment period due to merge of 2 companies and if they can't find another employer, they need to leave US too.
Therefore, if they can't get into the EB category, this bill cannot help them out!! Personally I do think if to allow all those advanced graduates in Science & Medicine to enroll online by "first come, first served basis" and once the 55,000 quota is filled, then they need to wait for the next year to immigrate. This will be fair and can retain all those US advanced gradudates in Science & Medicine who are graduated in different years with different luck to get the H-1B working visa.
However, I am curious whether this bill will be beneficial to all US advanced graduates in Science & Medicine or not. I know some new H-1B workers in those advanced degrees may NOT be the EB-type and they need to wait for certain years and then the employers will sponsor them green cards as the EB-category. And if the employers don't sponsor them green cards due to companies' merging different departments or for other accidental reason, they will lose their green cards.
Also, some advanced graduates in Science & Medicine cannot get the H-1B working visa smoothly due to H-1B quota is full and need to leave US and some of them can't get the
H-1B extension and need to leave US. Or some of them got laid off during their employment period due to merge of 2 companies and if they can't find another employer, they need to leave US too.
Therefore, if they can't get into the EB category, this bill cannot help them out!! Personally I do think if to allow all those advanced graduates in Science & Medicine to enroll online by "first come, first served basis" and once the 55,000 quota is filled, then they need to wait for the next year to immigrate. This will be fair and can retain all those US advanced gradudates in Science & Medicine who are graduated in different years with different luck to get the H-1B working visa.
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kris04
07-10 01:58 AM
Anyone who had good knowledge of AC21 same/similar, please reply.
My original labor has an annual salary of 50,000. My current salary is 95,000. I got an RFE to provide EVL. My job duties are mostly similar to that of the original labor. However job title is different.
is this a problem? My attorney is saying the salary differenence will cause an issue. He is asking me to convince my HR to add a range 50,000 - 95,000 as my salary, which i am sure my HR would be against doing that as it is a big company. I don't even want to ask them since they might think i am trying to do some kind of fraud and raise a red flag.
is there anyone in the IV community who had successfully used AC21 with a considerable difference in salary?. Please respond with your comments.
How old is your labor, if the PD is somewhere around 2002, dont worry,it is better that it is more than $50 K, lesser than $50 k will create problem, as I mentioned in one of the thread my friend's labor claimed $60000, but he used AC 21 and was working sort of independent consultant for a vendor, who provided EVL when RFE came, at the time of approval he was earning $120 K. with the lack of regulation, it is grey area and each lawyer provide different advise, until a regulation is passed by USCIS it is subjective to various interpretation.
Good Luck
kris
My original labor has an annual salary of 50,000. My current salary is 95,000. I got an RFE to provide EVL. My job duties are mostly similar to that of the original labor. However job title is different.
is this a problem? My attorney is saying the salary differenence will cause an issue. He is asking me to convince my HR to add a range 50,000 - 95,000 as my salary, which i am sure my HR would be against doing that as it is a big company. I don't even want to ask them since they might think i am trying to do some kind of fraud and raise a red flag.
is there anyone in the IV community who had successfully used AC21 with a considerable difference in salary?. Please respond with your comments.
How old is your labor, if the PD is somewhere around 2002, dont worry,it is better that it is more than $50 K, lesser than $50 k will create problem, as I mentioned in one of the thread my friend's labor claimed $60000, but he used AC 21 and was working sort of independent consultant for a vendor, who provided EVL when RFE came, at the time of approval he was earning $120 K. with the lack of regulation, it is grey area and each lawyer provide different advise, until a regulation is passed by USCIS it is subjective to various interpretation.
Good Luck
kris
more...
bestin
05-23 04:24 AM
Try student visa for your prospective spouse.
shirish
03-07 04:13 PM
I have heard the above from a lawyer. I think there is lot truth in the above statement.
However, in teaching the Univ processes H1B and most faculty pay the USCIS fees. I have written a check to USCIS for my H1B fees. Most faculty also pay their GC dues including lawyer + USCIS fees.
I have also heard that faculty can negotiate for the Deptt to pay the H1B + GC fees.
In my case i paid for the H1B expenses (includig lawyer fees) my self , but my company re-embered the amount once i completed three months. Same with GC, i paid till now, 3500 as lawyer fees. Filling fees extra. But haven't paid any filing fee yet as i am waiting for my PD to be current. And the company is going to give me the money i paid till now back once i complete three years. After which company will pay every thing.
However, in teaching the Univ processes H1B and most faculty pay the USCIS fees. I have written a check to USCIS for my H1B fees. Most faculty also pay their GC dues including lawyer + USCIS fees.
I have also heard that faculty can negotiate for the Deptt to pay the H1B + GC fees.
In my case i paid for the H1B expenses (includig lawyer fees) my self , but my company re-embered the amount once i completed three months. Same with GC, i paid till now, 3500 as lawyer fees. Filling fees extra. But haven't paid any filing fee yet as i am waiting for my PD to be current. And the company is going to give me the money i paid till now back once i complete three years. After which company will pay every thing.
more...
glus
10-19 08:22 AM
USCIS officially released the information that total I-485 applications which were related to July VB fiasco before August 16, 2007 were 320,000. During the period, the USCIS received 400,000 anxillary applications (EAD and AP), and substantial number of concurrent I-140 petitions. All of these figures added upto 800,000. For the USCIS verification of this information, please Q&A between the USCIS and AILA as part of the Community Relations meeting on September 25, 2007. This has been made available today.
http://www.immigration-law.com/Canada.html
:):):):):):):D:D:D
Good to see "good news." It will take many many years for our dates to become current if there is no change in the law. So yes, it appears like some positive news, but without law being changed we are screwed anyway.
Regards,
http://www.immigration-law.com/Canada.html
:):):):):):):D:D:D
Good to see "good news." It will take many many years for our dates to become current if there is no change in the law. So yes, it appears like some positive news, but without law being changed we are screwed anyway.
Regards,
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Libra
08-13 09:58 PM
hopefulgc, will you please concentrate on action items..........
more...
milind70
10-17 02:41 PM
I got an RFE for I-131 for both myself and my wife. They have asked for absolutely everything (I-485 receipt, I-140 approval, I-94s, I-797s, marriage certificate, Passport copies etc). As my lawyer said "they have thrown the kitchen sink at you".
I dont even know why - but the amount of documentation they have asked for seems absurd just to issue a travel document.
BTW - my EAD from the sample application was approved!
______________________
EB3 India (PD: 05/01/2004)
I-485 Receipt date: 07/23/2007
EAD approved: 09/04/2007
FP notices: ????
I-131 - RFE
GC: god knows when
Which Service Center has asked for these docs???
NSC or TSC ????
I dont even know why - but the amount of documentation they have asked for seems absurd just to issue a travel document.
BTW - my EAD from the sample application was approved!
______________________
EB3 India (PD: 05/01/2004)
I-485 Receipt date: 07/23/2007
EAD approved: 09/04/2007
FP notices: ????
I-131 - RFE
GC: god knows when
Which Service Center has asked for these docs???
NSC or TSC ????
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sudhakar_p_v
05-27 07:25 PM
Hi all,
I have sent my application for ead renewal on 05/03 to phoenix lockbox. The application was rxd. and signed for on 05/04.
However i have not seen my checks cashed yet nor received any information from USCIS.
has anyone else experienced delays with phoenix lockbox?
What steps can i take now?
please advice.
I have sent my application for ead renewal on 05/03 to phoenix lockbox. The application was rxd. and signed for on 05/04.
However i have not seen my checks cashed yet nor received any information from USCIS.
has anyone else experienced delays with phoenix lockbox?
What steps can i take now?
please advice.
more...
jamesbond007
10-07 10:47 PM
Let us all pray for their souls and close this thread.
The longer this thread remains open, the more accusations will be thrown at the dead family.
If there are any known survivors in their immediate family (parents, siblings etc), they would need support in this hour.
Other than that, please let us try to not insult some one who is dead.
The longer this thread remains open, the more accusations will be thrown at the dead family.
If there are any known survivors in their immediate family (parents, siblings etc), they would need support in this hour.
Other than that, please let us try to not insult some one who is dead.
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PD_Dec2002
08-07 08:22 PM
I'm not sure about H1 after using AP. Make sure with others.
Yup, I had checked this because even I thought entering on AP invalidates H-1B, but he said that's not the case. In fact, my company still renews H-1B for my colleagues who have used AP to reenter.
Has anyone heard otherwise from a lawyer?
Thanks,
Jayant
Yup, I had checked this because even I thought entering on AP invalidates H-1B, but he said that's not the case. In fact, my company still renews H-1B for my colleagues who have used AP to reenter.
Has anyone heard otherwise from a lawyer?
Thanks,
Jayant
more...
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casinoroyale
02-07 10:20 AM
Hello Friends:
Recently Vermont center processing time for H-1B extensions moved to Oct-1-2007. As per new USCIS reporting method of processing times, what this means is, they have COMPLETED processing applications received as of Oct-1-2007. This means, people who have applied for extension after Oct-1st should be getting their approvals these days.
I want to find out which dates currently they are at based on your feedback of your application date and whether you received approval or not as of today.
My case: Applied Oct-30-2007 Status: Pending
Thanks.
Recently Vermont center processing time for H-1B extensions moved to Oct-1-2007. As per new USCIS reporting method of processing times, what this means is, they have COMPLETED processing applications received as of Oct-1-2007. This means, people who have applied for extension after Oct-1st should be getting their approvals these days.
I want to find out which dates currently they are at based on your feedback of your application date and whether you received approval or not as of today.
My case: Applied Oct-30-2007 Status: Pending
Thanks.
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truthinspector
01-07 12:31 PM
Yes, unfortunately the clients (mostly US based ) react quickly and negatively to such news because much work happens offshore. The board members of the client organizations are bound to raise questions about reliability of doing business with such a company.Due to this new contracts may be hard to come by.
I feel sorry for the employees.
oh..is that true..
I tired to read economic times and couldnt understand how much they cooked.
sucha big scam..employees will be on the edge now
I feel sorry for the employees.
oh..is that true..
I tired to read economic times and couldnt understand how much they cooked.
sucha big scam..employees will be on the edge now
more...
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smc
07-03 08:03 PM
I live in the city. Would like to register
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dealsnet
08-18 01:33 PM
This case is must be handled by an experienced lawyer.
Contact Murthy or other reputed lawyers.
How about this education for EB2
10th + 3 year Polytechnic (Electronics) + 3 years B.E (Computer Science & Engineering) Degree = 16 years of education
+
8 Years IT Experiance
Contact Murthy or other reputed lawyers.
How about this education for EB2
10th + 3 year Polytechnic (Electronics) + 3 years B.E (Computer Science & Engineering) Degree = 16 years of education
+
8 Years IT Experiance
more...
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sri1309
07-06 06:30 AM
Search immigration.com ("i-140 denied, urgent help please"). I went thru this, attorney was so-so, not experienced in handling cases like this as he is a small firm. So I went to one of the BIG firms and got it MTR'd and cleared in 3 weeks. I spent 3K, but never thought about it before or after.
While you work on backup options, dont just let go the current status that you got in 4-6 yrs.
The new attorney could easily make up for the pay.
Sri.
While you work on backup options, dont just let go the current status that you got in 4-6 yrs.
The new attorney could easily make up for the pay.
Sri.
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DallasBlue
07-05 12:19 AM
here you go...
Reversal Frustrates
Green-Card Applicants
By MIRIAM JORDAN
July 5, 2007; Page A2
The government's surprise offer, then abrupt reversal, of an opportunity for thousands of skilled foreign workers to obtain permanent residency in the U.S. highlights the problems of the overtaxed immigration system and the frenzy that results from a chance to apply for a green card.
The scramble has put tens of thousands of workers and their families in limbo after many of them and their employers spent thousands of dollars in hopes of securing permanent residency. It may result in a class-action lawsuit against the government by frustrated applicants.
The problem began on June 12 when the government seemed to open the door for thousands of foreign workers and their families to end the long wait to apply for a green card. That is when the State Department published a Visa Bulletin, which is a monthly notice closely watched by immigration attorneys and their clients because it determines who is eligible to file a green-card application the next month. The June bulletin announced that practically all skilled foreign workers who had been previously deemed eligible for an employer-sponsored visa could now take the final step of applying for a green card.
By law, the U.S. can issue about 140,000 employment-based green cards each year. Last year, the government fell short by about 10,000, despite the long waiting list; leftover visas cannot be rolled over to the next year. The June announcement aimed to prevent the visa slot from going to waste, according to a State Department spokeswoman.
The announcement was greeted with a mix of jubilation and panic by thousands of engineers, lab scientists and other high-skilled foreigners who had waited years for their place in line. Working ahead of a July 2 date for filing the application, intending immigrants rushed to gather documents, complete paperwork and obtain medical exams. Many of their dependents boarded planes for the U.S. to meet a requirement that all family members be present at the time of filing.
"The bulletin created a land rush among legal immigrants desperate to finalize their green-card applications," said Steve Miller, a Seattle-based immigration attorney.
Then, on July 2, the State Department issued an "update" that reversed the previous bulletin. It stated, effective immediately, there would be no further authorizations for employment-based cases. The U.S. Citizenship and Immigration Services, which processes the applications, said it would instead simply process existing applications to meet this year's quota. "We already had sufficient applications pending without new applicants...," a spokesman said.
Mike Aytes, head of domestic operations for the USCIS, said all 147,141 employment-based green cards have now been issued for the year.
Write to Miriam Jordan at miriam.jordan@wsj.com
Reversal Frustrates
Green-Card Applicants
By MIRIAM JORDAN
July 5, 2007; Page A2
The government's surprise offer, then abrupt reversal, of an opportunity for thousands of skilled foreign workers to obtain permanent residency in the U.S. highlights the problems of the overtaxed immigration system and the frenzy that results from a chance to apply for a green card.
The scramble has put tens of thousands of workers and their families in limbo after many of them and their employers spent thousands of dollars in hopes of securing permanent residency. It may result in a class-action lawsuit against the government by frustrated applicants.
The problem began on June 12 when the government seemed to open the door for thousands of foreign workers and their families to end the long wait to apply for a green card. That is when the State Department published a Visa Bulletin, which is a monthly notice closely watched by immigration attorneys and their clients because it determines who is eligible to file a green-card application the next month. The June bulletin announced that practically all skilled foreign workers who had been previously deemed eligible for an employer-sponsored visa could now take the final step of applying for a green card.
By law, the U.S. can issue about 140,000 employment-based green cards each year. Last year, the government fell short by about 10,000, despite the long waiting list; leftover visas cannot be rolled over to the next year. The June announcement aimed to prevent the visa slot from going to waste, according to a State Department spokeswoman.
The announcement was greeted with a mix of jubilation and panic by thousands of engineers, lab scientists and other high-skilled foreigners who had waited years for their place in line. Working ahead of a July 2 date for filing the application, intending immigrants rushed to gather documents, complete paperwork and obtain medical exams. Many of their dependents boarded planes for the U.S. to meet a requirement that all family members be present at the time of filing.
"The bulletin created a land rush among legal immigrants desperate to finalize their green-card applications," said Steve Miller, a Seattle-based immigration attorney.
Then, on July 2, the State Department issued an "update" that reversed the previous bulletin. It stated, effective immediately, there would be no further authorizations for employment-based cases. The U.S. Citizenship and Immigration Services, which processes the applications, said it would instead simply process existing applications to meet this year's quota. "We already had sufficient applications pending without new applicants...," a spokesman said.
Mike Aytes, head of domestic operations for the USCIS, said all 147,141 employment-based green cards have now been issued for the year.
Write to Miriam Jordan at miriam.jordan@wsj.com
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rb_248
09-11 07:17 PM
first of all congrates! I wish Goodluck to everyone waiting for GC....
Life after GC: These issues are already discussed on IV In detail.
Check it out - valuable info: http://immigrationvoice.org/forum/forum95-life-after-greencard/25349-life-after-gc-dos-and-donots.html
Check out the Official govt document for new immigrants:
Welcome to the United States - A Guide for New Immigrants
http://www.uscis.gov/files/nativedocuments/M-618.pdf
Enjoy your Green Card! and do Pray for good luck for all IV members :)
Just the information I was looking for. Thanks.
Life after GC: These issues are already discussed on IV In detail.
Check it out - valuable info: http://immigrationvoice.org/forum/forum95-life-after-greencard/25349-life-after-gc-dos-and-donots.html
Check out the Official govt document for new immigrants:
Welcome to the United States - A Guide for New Immigrants
http://www.uscis.gov/files/nativedocuments/M-618.pdf
Enjoy your Green Card! and do Pray for good luck for all IV members :)
Just the information I was looking for. Thanks.
ssingh92
02-24 11:03 PM
Hello,
In all the stories of INS, USCIS, DHS that I've read here, the lack of visibility, customer service and accountability seem to be the common theme.
However, I was pleasantly surprized by a call from IO a few weeks back in local office asking me for extra documents (Current employment letter as the original one was from 2007, 2007 tax returns and 2007/08 W-2).
He told me that though he had sent a letter, the letter would take a few days to reach and hence he wanted to call me up. He also told me that as my original fingerprints are expiring on 26th Feb, I should send the response as soon as possible to enable him to process the application.
Though I still don't have any extra hope that the application will be processed soon, it was nice to see a change in USCIS approach.
Hope this was not an exception to rule and we see more such behavior from USCIS that helps in clearing us from this awkward limbo situation.
They might thinking to deport you asap!!!!!!!! Just kidding!!! I dont have much hope from these guys. My finger print medical expired last year and I didn't get any letter or call.
Anyway having + Attitude and is good thing.
In all the stories of INS, USCIS, DHS that I've read here, the lack of visibility, customer service and accountability seem to be the common theme.
However, I was pleasantly surprized by a call from IO a few weeks back in local office asking me for extra documents (Current employment letter as the original one was from 2007, 2007 tax returns and 2007/08 W-2).
He told me that though he had sent a letter, the letter would take a few days to reach and hence he wanted to call me up. He also told me that as my original fingerprints are expiring on 26th Feb, I should send the response as soon as possible to enable him to process the application.
Though I still don't have any extra hope that the application will be processed soon, it was nice to see a change in USCIS approach.
Hope this was not an exception to rule and we see more such behavior from USCIS that helps in clearing us from this awkward limbo situation.
They might thinking to deport you asap!!!!!!!! Just kidding!!! I dont have much hope from these guys. My finger print medical expired last year and I didn't get any letter or call.
Anyway having + Attitude and is good thing.
JunRN
12-16 07:29 AM
Mani, the advise given to you is to be on the safe side. Do not risk your GC process for just a few weeks of inconvenience.
Anyone EB AOS applicant can look for a job/take job BEFORE 180 days however you run a risk of your I-140 being revoked by the previous employer and USCIS will automatically deny your petition. If you are sure that the current employer will not revoke the I-140 petition, then you can do it before 180 days.
However, make sure that you inform USCIS that you're invoking AC21 and changing employer. You need to do that AFTER 180 days.
Anyone EB AOS applicant can look for a job/take job BEFORE 180 days however you run a risk of your I-140 being revoked by the previous employer and USCIS will automatically deny your petition. If you are sure that the current employer will not revoke the I-140 petition, then you can do it before 180 days.
However, make sure that you inform USCIS that you're invoking AC21 and changing employer. You need to do that AFTER 180 days.
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