gcformeornot
08-09 11:08 AM
People filed on July 2nd are still not getting check cashed. July 19th is like a light year ahead man.
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shana04
06-15 11:34 AM
Dear Friends,
Please advise me
1. Does the birth certificate issued by Indian consulate in foreign country is deemed acceptable?
Thanks you all.
Zimmyneuro
If Birth Certificate issue by Indian consulate then it should be ok, as it is from consulate
Please advise me
1. Does the birth certificate issued by Indian consulate in foreign country is deemed acceptable?
Thanks you all.
Zimmyneuro
If Birth Certificate issue by Indian consulate then it should be ok, as it is from consulate
amoljak
03-24 09:30 AM
Read this thread:
http://immigrationvoice.org/forum/showthread.php?t=346
http://immigrationvoice.org/forum/showthread.php?t=346
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silk2fire
07-18 09:59 AM
;) Thanks you for efforts and long live IV
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mikrupee
05-02 11:58 AM
I am in similar situation.
I checked with the lawyer. They confirmed that it should notbe a problem. if you change employer you will have to have H1B tranfered to new Company.
I am thinking to change cannot continue hoping for GC and EAD
Take advice from Laywer
I checked with the lawyer. They confirmed that it should notbe a problem. if you change employer you will have to have H1B tranfered to new Company.
I am thinking to change cannot continue hoping for GC and EAD
Take advice from Laywer
martinvisalaw
10-21 04:30 PM
Your wife can't change her status because she is not currently maintaining status if the H-1B was approved as a change of status. CIS will only approve a change of status with proof that the applicant has maintained status. She needs to leave the US and return in H-4 status to effect H-4 status. She has been out of status since October 2008.
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gc_on_demand
09-09 02:23 PM
These references are from the statement made on 24th June 2009. Nothing after that !!!!!!!!!!
:rolleyes:
CIR could not even get passed in 06 . 07 and right now economy is down so no hope for it. May be Obama wants to keep hope alive in Hispanic Voters so dems can win election in Nov 2010. Health Care is lagging behind schedule and it is very hard for him to press. How can people support CIR....?
also Hispanic caucus will not allow piecemeal until CIR fails. So I don't see even little ray of hope for recapture. Now left over is admin fixes. God knows what can be done under admin fixes..
:rolleyes:
CIR could not even get passed in 06 . 07 and right now economy is down so no hope for it. May be Obama wants to keep hope alive in Hispanic Voters so dems can win election in Nov 2010. Health Care is lagging behind schedule and it is very hard for him to press. How can people support CIR....?
also Hispanic caucus will not allow piecemeal until CIR fails. So I don't see even little ray of hope for recapture. Now left over is admin fixes. God knows what can be done under admin fixes..
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IneedAllGreen
09-21 02:31 PM
Your story looks similar to mine. Before I go for my side of story let me tell you that going for premium is always good idea. I got my new I-140 (EB3) got approved within 2 weeks after we applied for my third green card process. Now with your labor and approve I-140 and remaining H1B visa you can go to new employer. I think you have plenty of time to go to new employer and transfer remaining time in your H1B. In between you can ask current employer not to revoke I-140 once it processed. This way you can later transfer dates from current GC process to new one. I think you are quite secure at this point of time to move to new employer. Just take in confidence with current employer for not to invoke I-140 until you transfer your date.
On my side of the story I did same thing (as explained above) in 2006 because of lay off . I had almost 1 year of time remaining on my H1B and had already crossed 6 years limit on H1B.). I did transferred my remaining H1B time to new employer (where I am right now) and started my GC process (2nd green card. I did not complete labor process or I-140 at my earlier employer so could not get transferred date). I got my labor approved for 2nd GC within few days of filling in late 2006 so my attorney filed for my H1B extension in 2007 for one more year based on my new labor. I don't know you call it luck that I got my extension of H1B for 1 more year based on new labor. As of now we have filed for 3rd GC for me because my I-140 got denied based on my education (A year ago we have appealed for the same)
In short what you can do is to go for premium proc for I-140 and transfer remaining H1 to new employer and try filling extension of H1 at new employer after it expires. Its little risky but like you said you might get laid off sooner or later. As always above information is from my experience but attorney can give you right advice. I did pay $200 to Murthy for advice on what to do while I was in your kind of situation in 2006.
Good luck.
My six year term of H-1B ends on 15th Nov 2011. My present employer is filling my I-140 ( as I am paying all the expenses) and the lawyer tells me that she will be able to file in 30 days in EB-2 ctaegory. However , now my job does not look very secure and I am afraid I might be laid off while my I-140 is pending. Thats why I am considering filing under premium processing by paying money out of my pocket.
My reasoning behind this is:
1) If laid off, with an approved I-140, I can apply for 3 year extension on a new H-1B with another employer and then work towards capturing my PD when time permits.
I realize I might have to go to H-4 to avoid getting out of satus while I am looking for new employer. Can anyone please guide if I have my bases covered or if there is a flaw in my reasoning. Should I go for premium processing or not.
Thanks
On my side of the story I did same thing (as explained above) in 2006 because of lay off . I had almost 1 year of time remaining on my H1B and had already crossed 6 years limit on H1B.). I did transferred my remaining H1B time to new employer (where I am right now) and started my GC process (2nd green card. I did not complete labor process or I-140 at my earlier employer so could not get transferred date). I got my labor approved for 2nd GC within few days of filling in late 2006 so my attorney filed for my H1B extension in 2007 for one more year based on my new labor. I don't know you call it luck that I got my extension of H1B for 1 more year based on new labor. As of now we have filed for 3rd GC for me because my I-140 got denied based on my education (A year ago we have appealed for the same)
In short what you can do is to go for premium proc for I-140 and transfer remaining H1 to new employer and try filling extension of H1 at new employer after it expires. Its little risky but like you said you might get laid off sooner or later. As always above information is from my experience but attorney can give you right advice. I did pay $200 to Murthy for advice on what to do while I was in your kind of situation in 2006.
Good luck.
My six year term of H-1B ends on 15th Nov 2011. My present employer is filling my I-140 ( as I am paying all the expenses) and the lawyer tells me that she will be able to file in 30 days in EB-2 ctaegory. However , now my job does not look very secure and I am afraid I might be laid off while my I-140 is pending. Thats why I am considering filing under premium processing by paying money out of my pocket.
My reasoning behind this is:
1) If laid off, with an approved I-140, I can apply for 3 year extension on a new H-1B with another employer and then work towards capturing my PD when time permits.
I realize I might have to go to H-4 to avoid getting out of satus while I am looking for new employer. Can anyone please guide if I have my bases covered or if there is a flaw in my reasoning. Should I go for premium processing or not.
Thanks
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sushilup
08-19 03:50 PM
Rajarao,
I think many of us send the affidavit of non availablity..your case must be in mad man's hand....I guess what other guys suggesting should do the job for you...
Did you c a update online or you just recived the RFE with no online status change.
Good Luck to you.
Thanx
I have submitted 3 affidavits and non-availability certificate, but NSC sent RFE asking for oldest evidence of birth
a. medical records with child and both parents name
b. hospital records with child and both parents name
c. census records with child and both parents name
d. school records with child and both parents name
e. religious records with child and both parents name for naming ceremony.
I do not have any of them, at the most the school record is 10th grade with only fathers name.
Any ideas?,. Lawyer says its OK, send whatever is available and write an explanation why any of the above can't be obtained.
--------------------------------
EB2- India/
PD: June 2004
RD; July 1 2007
I think many of us send the affidavit of non availablity..your case must be in mad man's hand....I guess what other guys suggesting should do the job for you...
Did you c a update online or you just recived the RFE with no online status change.
Good Luck to you.
Thanx
I have submitted 3 affidavits and non-availability certificate, but NSC sent RFE asking for oldest evidence of birth
a. medical records with child and both parents name
b. hospital records with child and both parents name
c. census records with child and both parents name
d. school records with child and both parents name
e. religious records with child and both parents name for naming ceremony.
I do not have any of them, at the most the school record is 10th grade with only fathers name.
Any ideas?,. Lawyer says its OK, send whatever is available and write an explanation why any of the above can't be obtained.
--------------------------------
EB2- India/
PD: June 2004
RD; July 1 2007
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Suva
07-18 03:26 PM
I don't think you are right for first question. AC21 can be invoked if you have applied 485 more than 180 days. Why EAD is related here. You can change the job after 180 days by transferring your H1 to new company. This is the information I have but it is better to verify it from a lawyer.
1. Can we use AC21 provision without EAD card ?for 485 AOS -- NO
2. My H1 expires in Jan 2008. Do I need to have EAD card before that ? - If you wish to have one, You can apply EAD to use AC21 after 6 months /renew your H1 and continue working
3. Can we apply for EAD later, after you have filed 485 and AP? yes If so do we need any reciept of 485 application Yes
1. Can we use AC21 provision without EAD card ?for 485 AOS -- NO
2. My H1 expires in Jan 2008. Do I need to have EAD card before that ? - If you wish to have one, You can apply EAD to use AC21 after 6 months /renew your H1 and continue working
3. Can we apply for EAD later, after you have filed 485 and AP? yes If so do we need any reciept of 485 application Yes
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ranksxy
12-14 01:44 PM
geesee_99, listen to Rajiv Khanna's call on Nov 29. You can find it in the recordings section on his website.
http://www.immigration.com/improving_immigration/conference_calls.html
After around 10 mins in this call, he answered a question where a guy said that his 140 and 485 were pending and recently the 140 got rejected. Rajiv told him that he could file another 140 and interfile it with 485 to save his 485. So you might want to consult a lawyer and save your 485.
http://www.immigration.com/improving_immigration/conference_calls.html
After around 10 mins in this call, he answered a question where a guy said that his 140 and 485 were pending and recently the 140 got rejected. Rajiv told him that he could file another 140 and interfile it with 485 to save his 485. So you might want to consult a lawyer and save your 485.
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qplearn
12-03 12:45 PM
I have been thru K-1 crap and finally got my wife here from vietnam. I only have one last thing to say to you all......you should ALL be working for the red tape system. No one willing to take a second and offer ANY useful advice, which was my query. Instead I have not filled out the proper form, crossed all the T's and dotted the I's and can't get any help...form rejected....NEXT!
Wonder how you jump into that conclusion about red tape. If you are frustrated with the red tape, that doesn't mean we are causing it. Also, there are several charity organizations that may have suggestions for you.
Wonder how you jump into that conclusion about red tape. If you are frustrated with the red tape, that doesn't mean we are causing it. Also, there are several charity organizations that may have suggestions for you.
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house Ultimate Andy Roddick
a_yaja
12-29 11:49 AM
so you can setup your own LLC. start hiring people?
You can start LLC and hire people to work for that company. But if you try to apply for H1B for any of the employees, you should be prepared to:
1. Show business case that the H1B is for permanent employment (at the minimum for the time-period you seek H1B validity)
2. Show that you have the ability to pay the H1B worker atleast the minimum prevailing wage
If the company is new (less than 2 yrs old), it might be difficult to show that you can pay the minimum prevailing wages, unless you have cash reserves to show that you can pay atleast 6 months salary for all employees.
I wanted to go down the same route - asking a friend (American Citizen) to setup a LLC and hire me on a part-time H1 so that I could do contracting work - but I talked to an attorney first - and he advised me against it and pointed out (1) and (2) above.
Bottom line - I have to wait till I can file for 485 to do any kind of part time contract work :(
You can start LLC and hire people to work for that company. But if you try to apply for H1B for any of the employees, you should be prepared to:
1. Show business case that the H1B is for permanent employment (at the minimum for the time-period you seek H1B validity)
2. Show that you have the ability to pay the H1B worker atleast the minimum prevailing wage
If the company is new (less than 2 yrs old), it might be difficult to show that you can pay the minimum prevailing wages, unless you have cash reserves to show that you can pay atleast 6 months salary for all employees.
I wanted to go down the same route - asking a friend (American Citizen) to setup a LLC and hire me on a part-time H1 so that I could do contracting work - but I talked to an attorney first - and he advised me against it and pointed out (1) and (2) above.
Bottom line - I have to wait till I can file for 485 to do any kind of part time contract work :(
tattoo Milky Andy
ujjwal_p
08-14 09:12 PM
good morning.
This horse has been beaten to death before.
the pre-adjudication process does not give u any benefits of I-1485.
I hope they don't charge money for pre-adjucation, else this would be another scheme for money making!
From the link, it appears that the talk here is about filing I-485 even when priority date is not current. That's different from before. Having said that, we'll see when it happens and if anything happens.
This horse has been beaten to death before.
the pre-adjudication process does not give u any benefits of I-1485.
I hope they don't charge money for pre-adjucation, else this would be another scheme for money making!
From the link, it appears that the talk here is about filing I-485 even when priority date is not current. That's different from before. Having said that, we'll see when it happens and if anything happens.
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bekugc
07-18 01:56 PM
hello,
MY Opinion!!
since u have used substitute labor, id guess that the Priority date of labor is pretty old (hopeing 2000-2002 range).
if ur PD is old, then rushing for 485 doesnt make sense. Rushing now is for those whose PD is 2005/2006, its their only chance before dates retrogress again. if u have OLD PD, then pretty soon, ur date will become current again, and when ur 140 comes thro u switch job & can apply for 485.
1. Anyway, resigning ur existing job and applying 485 with new company is not much beneficial. u cant use AC21 untill ur i140 is approved, anyway u have to stick at one place till ur eligible for AC21. if i were u , given a choice, id stay with a known demon (rather than unknown angel)
2. if ur substitute's labors 140 gets cleared..then switch to new company...apply 485 and in 180 days , ull be eligible for AC21, if relationship with new employer gets sour use AC21 and move on.
3. u still have 2.5 yrs on H1..this is a +ve point on ur side to take RISK of switching employer now. Id do this only if the PAY in new empoyer is so much high than existing, so that its WORTH taking the risk.
since its substitute labor, ur 140 cant be premium processes. as per previous experiences , if ur nebraska, 140 mite take 9-12 months , texas its little faster. so even after 1 yr,,if ur substitution Failed, u still have 1.5 yrs on H1, enuf time to switch H-1 job, get/apply for perm and get 6+ yrs extension.
Your lucky that new employer applied for 140 without expecting u to get on the payroll. if i were you, id thank God for that, and wait till 140 gets cleared before joining new job.
:-)
MY Opinion!!
since u have used substitute labor, id guess that the Priority date of labor is pretty old (hopeing 2000-2002 range).
if ur PD is old, then rushing for 485 doesnt make sense. Rushing now is for those whose PD is 2005/2006, its their only chance before dates retrogress again. if u have OLD PD, then pretty soon, ur date will become current again, and when ur 140 comes thro u switch job & can apply for 485.
1. Anyway, resigning ur existing job and applying 485 with new company is not much beneficial. u cant use AC21 untill ur i140 is approved, anyway u have to stick at one place till ur eligible for AC21. if i were u , given a choice, id stay with a known demon (rather than unknown angel)
2. if ur substitute's labors 140 gets cleared..then switch to new company...apply 485 and in 180 days , ull be eligible for AC21, if relationship with new employer gets sour use AC21 and move on.
3. u still have 2.5 yrs on H1..this is a +ve point on ur side to take RISK of switching employer now. Id do this only if the PAY in new empoyer is so much high than existing, so that its WORTH taking the risk.
since its substitute labor, ur 140 cant be premium processes. as per previous experiences , if ur nebraska, 140 mite take 9-12 months , texas its little faster. so even after 1 yr,,if ur substitution Failed, u still have 1.5 yrs on H1, enuf time to switch H-1 job, get/apply for perm and get 6+ yrs extension.
Your lucky that new employer applied for 140 without expecting u to get on the payroll. if i were you, id thank God for that, and wait till 140 gets cleared before joining new job.
:-)
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ca_immigrant
07-02 12:09 AM
Folks,
How are the taxi charges from Chennia airport to the town or station ? Do the drivers charge whatever they feel like or is it controlled?
My parents are leaving back from the US and will be landing in Chennai, they are not from Chennai....so not sure if I should try to book a taxi before hand...or the charges are controlled ? Also, do they have something like pre-paid taxi ?
The flight (emirates) lands at 3 or 4 am.
Also, any recomendations for Hotels ? Ideally near the railway station.
Thanks in Advance !!
Regards,
How are the taxi charges from Chennia airport to the town or station ? Do the drivers charge whatever they feel like or is it controlled?
My parents are leaving back from the US and will be landing in Chennai, they are not from Chennai....so not sure if I should try to book a taxi before hand...or the charges are controlled ? Also, do they have something like pre-paid taxi ?
The flight (emirates) lands at 3 or 4 am.
Also, any recomendations for Hotels ? Ideally near the railway station.
Thanks in Advance !!
Regards,
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little_willy
05-02 12:56 PM
I am in a similar situation. I was offered the job but was later declined in a top 5 fortune company because of this scenario. My 6-yr H1 ends on Sep 2007 and I have a 3-yr extension based on approved I-140 with current employer till Sep 2010. The company attorney that initially offered me the job reasoned that this is a grey area and they are not willing to take the risk. So, bottomline is different immigration lawyers have different opinion on this matter. It is a case of how you read the grey print.
Can someone point me to any document under AC21 that clearly states this is allowed. If possible, i will try to convince them, but i don't have anything to validate my point at this moment.
Can someone point me to any document under AC21 that clearly states this is allowed. If possible, i will try to convince them, but i don't have anything to validate my point at this moment.
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paskal
08-22 07:02 PM
I have your request to join, we are indeed very active.
My sincere apologies at not getting back to you so far- will redress that asap!
Welcome...we are delighted to have you with us.....:)
My sincere apologies at not getting back to you so far- will redress that asap!
Welcome...we are delighted to have you with us.....:)
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bslraju
05-27 11:31 AM
May I make a sincere suggestion. Please, go back to school, take a course in English grammar, writing mechanisms and reading comprehension. People can better respond to you, when they understand whatever is it you are asking. You may also be able to file as a qualified EB2 applicant. No pun intended.
Thank you for your advise and hostility. I understand your frustration.
I was in hurry when I was posting it. How ever I have deleted it and I will follow what you said.
My sincere advise to you is better you learn how to answer to a question and
focus on things along with correcting others.
It would have been nice if you post some useful reply which would help some one.
Thank you for your advise and hostility. I understand your frustration.
I was in hurry when I was posting it. How ever I have deleted it and I will follow what you said.
My sincere advise to you is better you learn how to answer to a question and
focus on things along with correcting others.
It would have been nice if you post some useful reply which would help some one.
j_manav
07-17 04:55 PM
D. JULY EMPLOYMENT-BASED VISA AVAILABILITY
After consulting with Citizenship and Immigration Services, the Visa Office advises readers that Visa Bulletin #107 (dated June 12) should be relied upon as the current July Visa Bulletin for purposes of determining Employment visa number availability, and that Visa Bulletin #108 (dated July 2) is hereby withdrawn.
E. AUGUST EMPLOYMENT-BASED VISA AVAILABILITY
What does this mean... Is this an annoucement
After consulting with Citizenship and Immigration Services, the Visa Office advises readers that Visa Bulletin #107 (dated June 12) should be relied upon as the current July Visa Bulletin for purposes of determining Employment visa number availability, and that Visa Bulletin #108 (dated July 2) is hereby withdrawn.
E. AUGUST EMPLOYMENT-BASED VISA AVAILABILITY
What does this mean... Is this an annoucement
Edison99
06-02 08:15 AM
Congrats satyachowdary on your I-140 approval. Is your I-485 has been approved with or with out interfile request, let me know...
My new EB2 140 is approved with new date, so I sent following email to EBupdate.tsc@dhs.gov on 05/18 and my case is approved on 05/25. You don't have to wait until new I-140 is ported with old 140 date, the following email worked for me.
In the subject line, put : I-485 Multiple I-140s
Body of the email :
Dear Sir/Madam
I request you to kindly approve my pending I 485 case with new approved EB-2 (SRCXXXXXXXXXX) I-140. My I 485 was originally filed with EB-3 (LINXXXXXXXXXX). As per Pearson memo I am eligible to take advantage of priority date from EB3 to EB2.
Please contact me if you need any other information.
My case receipt numbers:
EB-3 : Receipt# LINXXXXXXXXXX with Priority Date XX/XX/2004
EB-2 : Receipt# SRCXXXXXXXXXX with Priority Date XX/XX/2011
I-485: Receipt# SRCXXXXXXXXXX
Primary details:
First name :
Last name :
A# :
485 receipt number :
Spouse Details:
First name :
Last name :
A# :
485 receipt number :
Thanking you
Sincerely,
Name
Address
Ph No :
Email :
My new EB2 140 is approved with new date, so I sent following email to EBupdate.tsc@dhs.gov on 05/18 and my case is approved on 05/25. You don't have to wait until new I-140 is ported with old 140 date, the following email worked for me.
In the subject line, put : I-485 Multiple I-140s
Body of the email :
Dear Sir/Madam
I request you to kindly approve my pending I 485 case with new approved EB-2 (SRCXXXXXXXXXX) I-140. My I 485 was originally filed with EB-3 (LINXXXXXXXXXX). As per Pearson memo I am eligible to take advantage of priority date from EB3 to EB2.
Please contact me if you need any other information.
My case receipt numbers:
EB-3 : Receipt# LINXXXXXXXXXX with Priority Date XX/XX/2004
EB-2 : Receipt# SRCXXXXXXXXXX with Priority Date XX/XX/2011
I-485: Receipt# SRCXXXXXXXXXX
Primary details:
First name :
Last name :
A# :
485 receipt number :
Spouse Details:
First name :
Last name :
A# :
485 receipt number :
Thanking you
Sincerely,
Name
Address
Ph No :
Email :
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