whattodo21
05-11 12:02 PM
Pappu,
Please let me know your thoughts..
I-140 is approved. I-485 was filed in July 2007. I have an opportunity to move to another company for a similar job profile. But the new company wants me to work as a contractor (hourly) on W2.
Is that a problem when filing AC-21?
Please advise.
You may be able to find answers in the IV wikki - have you tried it?
AC21 FAQ - Immigration Wiki (http://immigrationvoice.org/wiki/index.php/AC21_FAQ)
Please let me know your thoughts..
I-140 is approved. I-485 was filed in July 2007. I have an opportunity to move to another company for a similar job profile. But the new company wants me to work as a contractor (hourly) on W2.
Is that a problem when filing AC-21?
Please advise.
You may be able to find answers in the IV wikki - have you tried it?
AC21 FAQ - Immigration Wiki (http://immigrationvoice.org/wiki/index.php/AC21_FAQ)
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NNReddy
09-15 03:03 PM
I am trying to say something about my financial success instead of lifestyle.
But I have a good lifestyle too. I socialize, have parties all the time, have 2 nice kids and a nice house and a nice family. What else you want in life.
but after some time, you get bored by these things, you want to go up in your career(I am just maintaining status quo), want to do some other things, for which I need GC.
But I have a good lifestyle too. I socialize, have parties all the time, have 2 nice kids and a nice house and a nice family. What else you want in life.
but after some time, you get bored by these things, you want to go up in your career(I am just maintaining status quo), want to do some other things, for which I need GC.
delhirocks
06-28 02:08 PM
http://www.jackson-hertogs.com/JH/memos/3090.pdf
Please see the attached document section B2.
It implies that one can apply for EAD even if I-140 is pending, but the said law firm advises against it if the case is not straight forward (Labor substitution etc...)
Also, I just got off the phone with my lawyer and she confirmed that
"Though it is advisable to apply for EAD after I-140 is approved, it is not neccesary".
In my particular case, since my H1 is valid till July'08, she mentioned it shouldn't be a problem. But she mentioned that they intend to convert the I-140 application to Premium, the moment USCIS reinstates it to be on the safer side.
Please see the attached document section B2.
It implies that one can apply for EAD even if I-140 is pending, but the said law firm advises against it if the case is not straight forward (Labor substitution etc...)
Also, I just got off the phone with my lawyer and she confirmed that
"Though it is advisable to apply for EAD after I-140 is approved, it is not neccesary".
In my particular case, since my H1 is valid till July'08, she mentioned it shouldn't be a problem. But she mentioned that they intend to convert the I-140 application to Premium, the moment USCIS reinstates it to be on the safer side.
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getgreensoon1
04-20 11:45 AM
You are right -- 3 Year Bachelor + 3 year Master (in related field) is good to go. 3 Year Bachelor + 2 year Master is unlikely to sail through.
In this case, OP need to establish that his/her Masters is 3 years.
Looks like a few people at USCIS know that some kind of masters degree from india with a 3 years bachelors unrelated to ones profession cannot be used in place of US masters. Did not realize that USCIS has some people who know the rules and play by them. If all USCIS people who approve these cases know about this and if lawyers stop justifying that correspondence masters degree is equivalent of US masters, bogus initial eb2 applications as well as porting could be stopped.
Looks like policiticans are doing some work here.
In this case, OP need to establish that his/her Masters is 3 years.
Looks like a few people at USCIS know that some kind of masters degree from india with a 3 years bachelors unrelated to ones profession cannot be used in place of US masters. Did not realize that USCIS has some people who know the rules and play by them. If all USCIS people who approve these cases know about this and if lawyers stop justifying that correspondence masters degree is equivalent of US masters, bogus initial eb2 applications as well as porting could be stopped.
Looks like policiticans are doing some work here.
more...
Macaca
08-12 11:23 AM
Pending cases = EB + Family + Refugee + Asylum + ... = Backlogged cases + Unripe cases = 1,275,795 (page 11) + 1,316,740 (Figure 1, page 14) = 2,592,535 (as of March 2007)
What is an unripe case?
even if the application or petition were approved today, a benefit could not be conferred for months or years to come. (page 11)
cases that do not have an available visa or an FBI name check, and cases that are in suspense for other reasons deemed beyond USCIS’ control (page 12)
There will be severe consequences from rapid fluctuations in priority dates.
If the priority date became current today, due to delayed USCIS processing and thus underutilization of visa numbers, some have predicted that within a few months as many as 500,000 to 750,000 individuals now residing in the United States under a temporary worker visa could apply for a green card.
Additionally, DOL’s recent backlog elimination efforts, scheduled to be completed by September 30, 2007, are predicted to add 70,000 or more approved labor certifications yielding as many as 170,000 additional green card applications.
As USCIS begins to complete these applications and request visa numbers from DOS, the 140,000 statutorily authorized visa numbers will be used. DOS then will be required to retrogress priority dates.
Consequently, most applicants in this scenario will find themselves trapped whereas they anticipated timely receipt of a green card, their wait exceeds seven or more years.
In addition, all future employment-based green card applicants effectively would be barred from applying for many years.
(From page 35 of Ombudsman's Report (http://www.dhs.gov/xlibrary/assets/CISOMB_Annual_Report_2007.pdf))
What is an unripe case?
even if the application or petition were approved today, a benefit could not be conferred for months or years to come. (page 11)
cases that do not have an available visa or an FBI name check, and cases that are in suspense for other reasons deemed beyond USCIS’ control (page 12)
There will be severe consequences from rapid fluctuations in priority dates.
If the priority date became current today, due to delayed USCIS processing and thus underutilization of visa numbers, some have predicted that within a few months as many as 500,000 to 750,000 individuals now residing in the United States under a temporary worker visa could apply for a green card.
Additionally, DOL’s recent backlog elimination efforts, scheduled to be completed by September 30, 2007, are predicted to add 70,000 or more approved labor certifications yielding as many as 170,000 additional green card applications.
As USCIS begins to complete these applications and request visa numbers from DOS, the 140,000 statutorily authorized visa numbers will be used. DOS then will be required to retrogress priority dates.
Consequently, most applicants in this scenario will find themselves trapped whereas they anticipated timely receipt of a green card, their wait exceeds seven or more years.
In addition, all future employment-based green card applicants effectively would be barred from applying for many years.
(From page 35 of Ombudsman's Report (http://www.dhs.gov/xlibrary/assets/CISOMB_Annual_Report_2007.pdf))
luckylavs
04-17 03:00 PM
except for the corrupt system in india,things are pretty much the same weather US or India. After all India is our country and we must not blame for each small things. If all start thinking like this then our country will never progress.
We need to see what our country lacks and to bring them up to speed.This is been done in the past and thats why we see our country is progressing in all ways.
Wether we are here in US or india , we must never forget the things we learnt in our home country after all we are calling ourselves High tech skilled professionals.
We need to see what our country lacks and to bring them up to speed.This is been done in the past and thats why we see our country is progressing in all ways.
Wether we are here in US or india , we must never forget the things we learnt in our home country after all we are calling ourselves High tech skilled professionals.
more...
h1bmajdoor
04-28 11:19 PM
Then there will always be people like Lou Dobbs who will say that "potential immigrants will get points only if they make 240K a year and are 25 years of age". The UK is also restricting people by increasing the point based system. Now people who make 35,000 GBP a year do not get any points in the HSMP.
the problem currently is that the system is full of lies. when you came here did you know that only 10,000 indians, by LAW, are allowed to get employment GCs per year? No. They gave you all that green grass story about how your math skills are needed here. how they don't like to study math here (and why not? all the books I studied math from were by American profs. ).
They don't want to study math because it doesn't pay. Lawyers, doctors and MBAs (bullshitters) make money here. someone has to do the work. that's where the illegal mexican and WE come in.
Let them make whatever rules they want. If the rules are bad people will stop coming here. But BEFORE a company makes an offer for an H1 employee, it should provide all the fineprint. How long the queues are, how many people get added per year, the expected time for GC processing, the fact that changing employers is almost impossible.
You know what they used to tell the africans on the ships when they were brought as slaves? "american dream, liberty and all that BS".
http://www.pbs.org/wgbh/aia/part1/1i3001.html
"If I'm an African brought to Virginia, brutally mistreated, there's no way that that negative feedback can return home to alert my relatives of the problem. And that lack of communication means that the exploitation can continue."
the problem currently is that the system is full of lies. when you came here did you know that only 10,000 indians, by LAW, are allowed to get employment GCs per year? No. They gave you all that green grass story about how your math skills are needed here. how they don't like to study math here (and why not? all the books I studied math from were by American profs. ).
They don't want to study math because it doesn't pay. Lawyers, doctors and MBAs (bullshitters) make money here. someone has to do the work. that's where the illegal mexican and WE come in.
Let them make whatever rules they want. If the rules are bad people will stop coming here. But BEFORE a company makes an offer for an H1 employee, it should provide all the fineprint. How long the queues are, how many people get added per year, the expected time for GC processing, the fact that changing employers is almost impossible.
You know what they used to tell the africans on the ships when they were brought as slaves? "american dream, liberty and all that BS".
http://www.pbs.org/wgbh/aia/part1/1i3001.html
"If I'm an African brought to Virginia, brutally mistreated, there's no way that that negative feedback can return home to alert my relatives of the problem. And that lack of communication means that the exploitation can continue."
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reno_john
02-09 01:09 PM
Hi,
I have applied in EB2 category with job title of Sr. software engineer. and I have frnds who have applied for EB2 under, Programmer analyst, team lead.
But all of them had Master of science from USA.
And all of us have our I140 cleared and waiting to apply for I485 when its gets current.
I have applied in EB2 category with job title of Sr. software engineer. and I have frnds who have applied for EB2 under, Programmer analyst, team lead.
But all of them had Master of science from USA.
And all of us have our I140 cleared and waiting to apply for I485 when its gets current.
more...
WeShallOvercome
11-06 03:43 PM
I agree, It's not worth investing in India and going through all the legal hassles when it comes to getting it back.
I myself invested a small amount there 2 years ago, which has grown quite a bit but I'm not sure if and how I can get it here.
One thing I'm doing is that whenever myself or my family goes to India, We don't take much money with us from here. We just spend from whatever we already have in India. My brother is a joint account holder in my savings account with HDFC. I just sell some stocks and transfer that money to our HDFC account, he withdraws money and hands it over to us when we reach there.
Whatever you earn in India, spend in India :)
I myself invested a small amount there 2 years ago, which has grown quite a bit but I'm not sure if and how I can get it here.
One thing I'm doing is that whenever myself or my family goes to India, We don't take much money with us from here. We just spend from whatever we already have in India. My brother is a joint account holder in my savings account with HDFC. I just sell some stocks and transfer that money to our HDFC account, he withdraws money and hands it over to us when we reach there.
Whatever you earn in India, spend in India :)
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axp817
05-14 08:27 AM
I won't be able to make it, but I plan to contribute to help cover airfare or a couple nights' stay for someone else that goes.
more...
snathan
04-21 02:34 PM
I heard famous indian crab stroy....are you that crab.
Please be positive. Please support our request.
US is a great country. Always value human values more than any other country.
I love US. That is why i am here.
You will have to decide between your Parents and the US...which one you love the most.
Please be positive. Please support our request.
US is a great country. Always value human values more than any other country.
I love US. That is why i am here.
You will have to decide between your Parents and the US...which one you love the most.
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vishwak
08-11 01:22 PM
Can some one clarify if the PD is based on the day labor application was received or the day it was approved?
My I140 states it as the day it was approved.
A priority date, in an employment-based (EB) case requiring Labor Certification (LC), is the officially acknowledged date that the case was filed at the state level Department of Labor office, referred to as the SESA. If the EB case was filed in a category that does not require labor certification, then the priority date assigned by the INS is the date the I-140 (Immigrant Visa Petition) is received by the INS Service Center.
source: MurthyDotCom : Priority Dates : How Do They Work? (http://www.murthy.com/news/UDpdhdtw.html)
My I140 states it as the day it was approved.
A priority date, in an employment-based (EB) case requiring Labor Certification (LC), is the officially acknowledged date that the case was filed at the state level Department of Labor office, referred to as the SESA. If the EB case was filed in a category that does not require labor certification, then the priority date assigned by the INS is the date the I-140 (Immigrant Visa Petition) is received by the INS Service Center.
source: MurthyDotCom : Priority Dates : How Do They Work? (http://www.murthy.com/news/UDpdhdtw.html)
more...
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ragz4u
04-12 12:42 PM
Yours will be cashed soon.
Thanks
Thanks
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validIV
03-17 03:18 PM
Thanks for inputs in the forums.
EB3-India cannot be discriminated.
Anyone in EB3 after 2-3 years waiting is qualified under EB2-I. And we see people waiting for much more. How can we be discriminated then. We have to do something.
And exactly how is India being discriminated? Do you have proof that they are giving India less visas than the per country limit?
EB3-India cannot be discriminated.
Anyone in EB3 after 2-3 years waiting is qualified under EB2-I. And we see people waiting for much more. How can we be discriminated then. We have to do something.
And exactly how is India being discriminated? Do you have proof that they are giving India less visas than the per country limit?
more...
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garybanz
11-29 12:05 PM
All,
My wife and I applied for EAD together almost 110 days back. My EAD came through within 60 days but no signs of any progress on my wife's EAD.
Are more of you facing the same issue? We called USCIS and the officer expected another 3-4 month delay.
What are our Options? I thought USCIS had a commitment to send out EADs within 90 days! Any idea why the interim EAD thing was dropped? Any exceptions under which they actually give interim EADs?
Thanks,
My wife and I applied for EAD together almost 110 days back. My EAD came through within 60 days but no signs of any progress on my wife's EAD.
Are more of you facing the same issue? We called USCIS and the officer expected another 3-4 month delay.
What are our Options? I thought USCIS had a commitment to send out EADs within 90 days! Any idea why the interim EAD thing was dropped? Any exceptions under which they actually give interim EADs?
Thanks,
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unknown123
05-13 11:58 PM
This is just to let you all know that my I-140 has been approved.
As a response to an RFE, following evidences were submitted:
1) Transcripts for all the years (BSc and MCA)
2) List of courses completed (Just a list without any course by course evaluations)
3) Education Evaluation Report (Re-submitted)
Thank you all for your support
As a response to an RFE, following evidences were submitted:
1) Transcripts for all the years (BSc and MCA)
2) List of courses completed (Just a list without any course by course evaluations)
3) Education Evaluation Report (Re-submitted)
Thank you all for your support
more...
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kshitijnt
11-16 02:55 AM
Bill rate? 70/30 basis?? Contract??? I would like the OP to report his employer to DoL. DoL and USCIS will kick both the OP and the employer. It is easy to get carried away saying that the employer is blood sucker etc. But very clearly, you should know that there can't be these kinds of contracts on H1. The employer knows that people who go to them are on thin ice, and so does the employee (employer is there to do business -- he is not running charity).
Maybe you guys want OP to go to DoL so that both the employer and OP get kicked out of this country (that is good for all of us) due to obvious immigration fraud.
To top it, OP goes on an offensive when people point of the bitter truth to him. This site should not promote illegal behavior, anybody seeking advise on these topics should be severely castigated, because they broke the law too (and they know it, just dont want to admit it). Or maybe we should encourage these people to report to DoL so that all of them can be punished for misusing the laws.
While I did not suggest him to go to DOL. Let me tell you that working on hourly wages is legal on H1. The best solution is to find the job quietly. How do you know how much is his employer making and what he has got? There could be very significant difference.
Maybe you guys want OP to go to DoL so that both the employer and OP get kicked out of this country (that is good for all of us) due to obvious immigration fraud.
To top it, OP goes on an offensive when people point of the bitter truth to him. This site should not promote illegal behavior, anybody seeking advise on these topics should be severely castigated, because they broke the law too (and they know it, just dont want to admit it). Or maybe we should encourage these people to report to DoL so that all of them can be punished for misusing the laws.
While I did not suggest him to go to DOL. Let me tell you that working on hourly wages is legal on H1. The best solution is to find the job quietly. How do you know how much is his employer making and what he has got? There could be very significant difference.
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gc28262
05-27 06:23 PM
IV admins,
For those who are attending the event, it would be beneficial if someone could provide some tips about moving around DC area/Capitol Hill area for these lobby days. Will there be an IV arranged transportation ?
Appreciate if we could get more details about the planning for these three days.
For those who are attending the event, it would be beneficial if someone could provide some tips about moving around DC area/Capitol Hill area for these lobby days. Will there be an IV arranged transportation ?
Appreciate if we could get more details about the planning for these three days.
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roseball
02-10 12:01 PM
Any Ball park amount I should expect as attorney fee for the MTR ? I know some one mentioned about a CA attorney who does it for $500 but since I don't have H1 as backup , incase if I need switch back to the 2nd employer it is better to keep the current attorney ( 2nd employer ) . looks like he may not come cheap . they asked whether I want to file for Adv parol and it will cost attorney fee $800 . ( I don't have a clue why asked when my I485 is in denial stage) .
I looked at the I290B form and looks not so complicated.
But in this situation I do not want to take the risk of filing myself .
Thanks
-vinod
I-290B is pretty straightforward and I helped my friend with his filing and we were successful in getting his I-140 approval. Having said that, whether to self file or hire a lawyer will depend on the complexity of the case and the reason for denial. If its a straightforward case/denial (wrongful) and you have all the documents to prove it otherwise, you can go ahead and file I-290B yourself. Otherwise, hire a lawyer. Did you get the I-485 denial notice yet and whats the reason for denial?
I looked at the I290B form and looks not so complicated.
But in this situation I do not want to take the risk of filing myself .
Thanks
-vinod
I-290B is pretty straightforward and I helped my friend with his filing and we were successful in getting his I-140 approval. Having said that, whether to self file or hire a lawyer will depend on the complexity of the case and the reason for denial. If its a straightforward case/denial (wrongful) and you have all the documents to prove it otherwise, you can go ahead and file I-290B yourself. Otherwise, hire a lawyer. Did you get the I-485 denial notice yet and whats the reason for denial?
coolngood4u80
08-10 11:00 PM
bulletin looks very much real...at the end of the bulletin it even has the date stamp as Aug 9,2010
pa_arora
10-20 08:05 PM
Good to hear that 01, 02 & 03 ppl r getting approved. Atleast they are following FIFO and the line is getting shorter. Not that I am not happy abut the 06 folks who got GC but it should realistic 'First In First Out'.
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