kirupa
11-11 01:07 PM
This is multi-week process ritwik. I wouldn't expect the public poll to go up any sooner than the 18th.
:)
:)
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tnite
06-18 12:10 PM
thanks tnite!!!... u r right my opt/h1b overlaped comfortably and i was never out of status
But the problem is that you have to send in a copy of your H1B visa for I485.
The visa will mention the fact that it was issued in May 2007
USCIS might ask you 'Place of last entry: 2000" and how come you have a visa with a issue date of May 2007.
That means that you were at a US port of entry recently.
I think putting your canadian date is the best option.(My opinion)
You can always tell USCIS that you were issued a visa in Canada and technically you left the US and came back again in May 2007
But the problem is that you have to send in a copy of your H1B visa for I485.
The visa will mention the fact that it was issued in May 2007
USCIS might ask you 'Place of last entry: 2000" and how come you have a visa with a issue date of May 2007.
That means that you were at a US port of entry recently.
I think putting your canadian date is the best option.(My opinion)
You can always tell USCIS that you were issued a visa in Canada and technically you left the US and came back again in May 2007
inskrish
07-16 08:37 PM
hey inskrish,
you should be getting a welcome e mail any day now!
where's the party man?
Paskal,
Thanks for your words. You will be the first one to get a party from me, when it happens.:p
you should be getting a welcome e mail any day now!
where's the party man?
Paskal,
Thanks for your words. You will be the first one to get a party from me, when it happens.:p
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natrajs
09-10 05:42 PM
I have 6 IV T- Shirts and I am wearing them already.
When ever I go to distribute the flyers I wear them, it will make others look at you.
Folks Don't wait till last minute, buy them now
When ever I go to distribute the flyers I wear them, it will make others look at you.
Folks Don't wait till last minute, buy them now
more...
rockstart
02-20 07:14 PM
I submitted my passport renewal in december 09 and received my new passport in feb 10. Exactly 3 months to the date. Its a pretty slow process. Initially they gave me a Jan date to pick the passport ( I did not personally not via mail) and when I went there they said they had not received police clearance from India (no change in house or any info from old passport) but good part was they said they will call me when the passport is ready and they did call. Other wise there is no way to contact them. The phone just rings and rings and message box is full.
krishnam70
03-26 12:28 AM
My case details below:
EB3 INDIA
PD of Jul 2004.
I am still working for same GC sponsoring employer since last 5 years. I still perform the same job title/job duties as mentioned in labor.
My employer had mentioned a salary of 87,000$ in my labor. --> what does your H1 LCA say?
My 485 was filed way back in Sep 2004. OK
My 140 was approved way back in Nov 2004. GOOD
I have had 2 FPs done and 1 RFE replied to about 2 years ago. RFE was for EVL & TB Skin test.you are good here
2004 W2 – shows 74,000$/yr (Less than the salary mentioned in approved labor which is 87,000$) --> your current employment is on H1B/A or whatever you need to be worried about the salary mentioned there
2005 W2 – shows 57,000$/yrsame as above
2006 W2 – shows 50,000$/yrsame as above
2007 W2 – shows 58,000$/yrsame as above
2008 W2 – shows 67,000$/yrsame as above
Never changed employers nor job titles. good
My concerns and questions below:
Q1) Will my 485 approval be affected due to the W2’s as mentioned above showing less way less salary than mentioned in the labor. I still work for same employer with same job duties/title as mentioned in labor. YES if your salary is less than what is on your H1B/A LCA application if not then you should be fine
Q2) Am I safe because GC is intended for future job offer? If there is any issue with me getting less salary all these years than my labor petition then can my employer say the 87,000$/yr salary is after 485 approval? Will this suffice? Or am I in jeopardy here? same as above, GC is future job you will be fine
Q3) With my EB3-India Jul 2004 PD how much more long do you think I need to wait to see a 485 approval? My FBI name checks are cleared.only USCIS can tell
Q4) With June 2004 PD/EB3 India do you advise me at this stage after 5 years to switch to CP? How will it help? talk to an attorney
Q5) Would you advise me to start a brand new EB2 India labor and 140 considering my retrogressed eb3 India category and dates?you can try but i this current scenario it might be difficult to get PERM approved and then your company needs to prove you are eligible for EB2. If they can and you are eligible you can port your PD and you should be almost current.
Q6) I have been on bench for about 3 times (periods of 2 to 3 months) in the last several years witout pay. But I have always had EAD but never used EAD as I had H1B from same GC sponsoring employer. But I always got paid every year more than the prevailing LCA wage for my geographical location? Will this affect my GC? Technically there is nothing such as bench. You should get paid. However there seems to be an interpretation that in a current year if you get paid more than what is mentioned in your LCA(H1) you are safe. I would speak to an attorney about this.
Thanks.
- cheers
kris
EB3 INDIA
PD of Jul 2004.
I am still working for same GC sponsoring employer since last 5 years. I still perform the same job title/job duties as mentioned in labor.
My employer had mentioned a salary of 87,000$ in my labor. --> what does your H1 LCA say?
My 485 was filed way back in Sep 2004. OK
My 140 was approved way back in Nov 2004. GOOD
I have had 2 FPs done and 1 RFE replied to about 2 years ago. RFE was for EVL & TB Skin test.you are good here
2004 W2 – shows 74,000$/yr (Less than the salary mentioned in approved labor which is 87,000$) --> your current employment is on H1B/A or whatever you need to be worried about the salary mentioned there
2005 W2 – shows 57,000$/yrsame as above
2006 W2 – shows 50,000$/yrsame as above
2007 W2 – shows 58,000$/yrsame as above
2008 W2 – shows 67,000$/yrsame as above
Never changed employers nor job titles. good
My concerns and questions below:
Q1) Will my 485 approval be affected due to the W2’s as mentioned above showing less way less salary than mentioned in the labor. I still work for same employer with same job duties/title as mentioned in labor. YES if your salary is less than what is on your H1B/A LCA application if not then you should be fine
Q2) Am I safe because GC is intended for future job offer? If there is any issue with me getting less salary all these years than my labor petition then can my employer say the 87,000$/yr salary is after 485 approval? Will this suffice? Or am I in jeopardy here? same as above, GC is future job you will be fine
Q3) With my EB3-India Jul 2004 PD how much more long do you think I need to wait to see a 485 approval? My FBI name checks are cleared.only USCIS can tell
Q4) With June 2004 PD/EB3 India do you advise me at this stage after 5 years to switch to CP? How will it help? talk to an attorney
Q5) Would you advise me to start a brand new EB2 India labor and 140 considering my retrogressed eb3 India category and dates?you can try but i this current scenario it might be difficult to get PERM approved and then your company needs to prove you are eligible for EB2. If they can and you are eligible you can port your PD and you should be almost current.
Q6) I have been on bench for about 3 times (periods of 2 to 3 months) in the last several years witout pay. But I have always had EAD but never used EAD as I had H1B from same GC sponsoring employer. But I always got paid every year more than the prevailing LCA wage for my geographical location? Will this affect my GC? Technically there is nothing such as bench. You should get paid. However there seems to be an interpretation that in a current year if you get paid more than what is mentioned in your LCA(H1) you are safe. I would speak to an attorney about this.
Thanks.
- cheers
kris
more...
bobzibub
05-15 12:50 PM
1) Backlog breeds backlogs.
- Long processing times means that related things must get renewed. For instance, if you are waiting for an I-140, you have to renew the h-1b because the I-140 processing takes so long. This creates unnecessary extra work load for USCIS. They need to address work flow issues and legal issues to streamline the process.
2) If Americans waited five years for a driver's license or a building permit because of a quota, they'd have a second revolution.
3) USCIS is so busy that we believe that they use Requests for Evidence as workload management. Send an RFE if you can't get to it. This creates more work.
4) When we are waiting for these backlogs to clear, we need company's lawyers to change jobs. This places undue burdens upon prospective employers and restricts to larger firms. Labor mobility is important for wage levels to increase. Often someone gets a job and waits for many years to get another one. In many sectors of the economy, the job market can fluctuate leaving the employee in a position with a previous cycle's wage level.
5) We miss our freedom. (The irony!) Being locked into this process limits our ability to be able to contract with a business associate to do things on the side. For a computer guy, that hurts. Plus, if we are not legally allowed to work (waiting for USCIS), we should be able to volunteer. Volunteer work is a tradition for Americans, why not us too?
6) Countries compete for a limited pool of skilled labor. Countries subsidize training to increase their skilled labor pools. Should our issues not get resolved, many of us will leave for better deals in other lands. The economic question the US should consider is: Are more skilled workers better for an economy or are less skilled workers better for the economy? Clearly the answer is more skilled workers. What country would want less skilled workers? There are significant economic advantages to having skilled workers in an economy that overwhelm any wage rate influences. The people who founded many of Silicon Valley's giants were immigrants and have created countless jobs.
There are issues with training native IT professionals, but that is separate to immigrants. We have benefited from our training and we do agree to the need to train and re-train. But policy is not of our making and we should not be blamed for it. Introduce a subsidy for training, but do not blame foreigners for those policy issues.
7) Many attempt to pit the US low skilled worker against the low skilled immigrants. Also they attempt to pit the US high skilled US worker against the high skilled immigrants. It is simply a matter of "divide and conquer" for political ends. Because immigrants do not make policy, Americans do. It is unfair to blame immigrants for US policy.
- Long processing times means that related things must get renewed. For instance, if you are waiting for an I-140, you have to renew the h-1b because the I-140 processing takes so long. This creates unnecessary extra work load for USCIS. They need to address work flow issues and legal issues to streamline the process.
2) If Americans waited five years for a driver's license or a building permit because of a quota, they'd have a second revolution.
3) USCIS is so busy that we believe that they use Requests for Evidence as workload management. Send an RFE if you can't get to it. This creates more work.
4) When we are waiting for these backlogs to clear, we need company's lawyers to change jobs. This places undue burdens upon prospective employers and restricts to larger firms. Labor mobility is important for wage levels to increase. Often someone gets a job and waits for many years to get another one. In many sectors of the economy, the job market can fluctuate leaving the employee in a position with a previous cycle's wage level.
5) We miss our freedom. (The irony!) Being locked into this process limits our ability to be able to contract with a business associate to do things on the side. For a computer guy, that hurts. Plus, if we are not legally allowed to work (waiting for USCIS), we should be able to volunteer. Volunteer work is a tradition for Americans, why not us too?
6) Countries compete for a limited pool of skilled labor. Countries subsidize training to increase their skilled labor pools. Should our issues not get resolved, many of us will leave for better deals in other lands. The economic question the US should consider is: Are more skilled workers better for an economy or are less skilled workers better for the economy? Clearly the answer is more skilled workers. What country would want less skilled workers? There are significant economic advantages to having skilled workers in an economy that overwhelm any wage rate influences. The people who founded many of Silicon Valley's giants were immigrants and have created countless jobs.
There are issues with training native IT professionals, but that is separate to immigrants. We have benefited from our training and we do agree to the need to train and re-train. But policy is not of our making and we should not be blamed for it. Introduce a subsidy for training, but do not blame foreigners for those policy issues.
7) Many attempt to pit the US low skilled worker against the low skilled immigrants. Also they attempt to pit the US high skilled US worker against the high skilled immigrants. It is simply a matter of "divide and conquer" for political ends. Because immigrants do not make policy, Americans do. It is unfair to blame immigrants for US policy.
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like_watching_paint_dry
01-08 10:59 AM
The bad part is when you look to answer the question "what are the odds that the first baby of a new year would be born to an illegal leech?" .. There are so many illegals out here that they have good odds of having a sweepstake winning baby, while legals suffer all kinds of bureaucratic hurdles.
They should give the baby the money and CIS should deport the illegal woman.
They should give the baby the money and CIS should deport the illegal woman.
more...
pcs
05-16 02:52 PM
I wrote a strong but polite letter with a special request on the very top of the letter for his staff ...." Office staff, for GOD's sake please read this letter & DO not send a generic reply"
I got a call back from their office in no time & she said... please let me know what you want us to do to solve your problem.
This was in Ohio
I will suggest you to call the Congressman instead of Senator as they are more focussed. Send a letter & even better just drive up & meet them. You will not be able to meet the Congressman but the office staff will take care of your problem
all the best
I got a call back from their office in no time & she said... please let me know what you want us to do to solve your problem.
This was in Ohio
I will suggest you to call the Congressman instead of Senator as they are more focussed. Send a letter & even better just drive up & meet them. You will not be able to meet the Congressman but the office staff will take care of your problem
all the best
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gultie2k
07-02 09:19 PM
Thanks for your replies.
My original H1 expired last week. And I do have EAD. But need to bring my spouse in few months on H4. So can i use my EAD while H1 MTR is filed. And then go back on H1.
My original H1 expired last week. And I do have EAD. But need to bring my spouse in few months on H4. So can i use my EAD while H1 MTR is filed. And then go back on H1.
more...
Becks
02-01 09:49 PM
Few of my friends had expressed their views that John McCain is better than others when immigration matters. But who ever comes they have to understand legal skilled immigrants problem because these are the people who contribute more to the economy.
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MSCapBust
07-20 06:41 PM
Thanks everyone for replying.
However, the opinions seems to be conflicting. Is there a place where I can verify precisely what the law says?
I have not stayed outside the US for more than 3 months since 2002. Does this exempt me from the cap?
I need to be sure, otherwise, I would have to apply for a H1-B right now with a consultant who is ready to sponsor me.
I'm quite reluctant to do this because the work involved with the consultant is not in my field and does not allow for good long term prospects. Plus there might be contractual obligations.
Please advice.
Thanks very much,
Sick with worry.
However, the opinions seems to be conflicting. Is there a place where I can verify precisely what the law says?
I have not stayed outside the US for more than 3 months since 2002. Does this exempt me from the cap?
I need to be sure, otherwise, I would have to apply for a H1-B right now with a consultant who is ready to sponsor me.
I'm quite reluctant to do this because the work involved with the consultant is not in my field and does not allow for good long term prospects. Plus there might be contractual obligations.
Please advice.
Thanks very much,
Sick with worry.
more...
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ashkam
12-04 01:42 PM
I think ashkam is missing the main point here. You are on EAD which is based on an employment based GC application where you have to be employed all the time. You (EAD and people who are on H1) are not supposed to tell that are unemployed! Duh!
A people who are on H1 (same goes to people with EAD based on a employment based GC) and out of payroll for more than 28 days (not sure about the exact # of days, some says 42 days), you are out of status.
So think twice before you disclose that you are unemployed.
"You are on EAD which is based on an employment based GC application where you have to be employed all the time" : False and for the "duh" part, FAIL.
Also, FAIL for the second paragraph as well.
You can be unemployed while in I-485 pending status as long as you are able to show proof of future employment, if requested by the USCIS. The key phrases being "future employment" and "if requested".
A people who are on H1 (same goes to people with EAD based on a employment based GC) and out of payroll for more than 28 days (not sure about the exact # of days, some says 42 days), you are out of status.
So think twice before you disclose that you are unemployed.
"You are on EAD which is based on an employment based GC application where you have to be employed all the time" : False and for the "duh" part, FAIL.
Also, FAIL for the second paragraph as well.
You can be unemployed while in I-485 pending status as long as you are able to show proof of future employment, if requested by the USCIS. The key phrases being "future employment" and "if requested".
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sbeyyala
07-17 05:40 PM
I pledge to contribute $200 once I get the receipt notice
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gc_in_30_yrs
09-27 10:08 AM
so why dont you look at the palnets and tell us what the futre hold for us.. you are doing on astroqury.com
Lets see what the future holds for us.
Hold on snhn:
rbharol is right in saying once it is filed in one category can not be changed. If you want to retain the PD from one category to another, you need to start the process in the category you wanted and ask USCIS to retain the PD from the other category. there is no astroqury.com intervention is required here.
Lets see what the future holds for us.
Hold on snhn:
rbharol is right in saying once it is filed in one category can not be changed. If you want to retain the PD from one category to another, you need to start the process in the category you wanted and ask USCIS to retain the PD from the other category. there is no astroqury.com intervention is required here.
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ksvreg
03-29 04:05 PM
As per my attorney, number of PERM applications filed in 2nd half of 2009 is very low (He has some good contacts at Atlanta DOL). He was expecting all 2009 non-audited cases to be processed in a couple of months....Not getting audited is the key in PERM process. My PERM will be finally filed this week, and I am hoping its not going be audited (MS + 6 yrs or BS + 8 yrs exp, 4G Mobile Communications R&D) though my attorney feels it will be....Keeping my fingers crossed...A successful EB3 to Eb2 conversion seems to be the only hope...
How long the process took before filing? How much time for PWD alone?
How long the process took before filing? How much time for PWD alone?
more...
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smuggymba
03-30 08:30 PM
Finally my PERM was filed today. I'm just praying everything gets approved smoothly.:D
The attorney said they are processing cases as of aug 2009. Fingers crossed.
The attorney said they are processing cases as of aug 2009. Fingers crossed.
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RajWantsGC
05-19 03:20 PM
Online case status and infopass are useful for things like address change, namecheck status, finger printing issues , and other issues being dealt where no processing or less processing is required like GC not received, approval not received , letters lost etc...
When it comes to such complicated issues, you have to get real help.
Basically - you have to somehow cut through beurocracy and get your issues resolved.
Good luck, I am sure, things will get under control soon.
Thank you Chandu for the reply. You are right about the info pass. Yesterday I took the info pass. I thought it would be very helpful because I can talk to IO face to face and explain my situation in detail. One thing I would appreciate about IO is she was very patient and she tried to understand my case fully. But at last she said she cannot help me. She said the only option I have left is just to wait to hear from AAO. She said her daily job is to give the latest status of the cases, giving immigration forms and help people if they have any doubts.
I asked her that can I file EAD when my MTR for I485 is pending with AAO? She was not sure about it. Then she made a call to Nebraska Service Centre and found out that I can file EAD. I need to attach I290B receipt along with EAP application form. I am just wondering has any one has done this before? Is that really possible?
Thanks
Raj
When it comes to such complicated issues, you have to get real help.
Basically - you have to somehow cut through beurocracy and get your issues resolved.
Good luck, I am sure, things will get under control soon.
Thank you Chandu for the reply. You are right about the info pass. Yesterday I took the info pass. I thought it would be very helpful because I can talk to IO face to face and explain my situation in detail. One thing I would appreciate about IO is she was very patient and she tried to understand my case fully. But at last she said she cannot help me. She said the only option I have left is just to wait to hear from AAO. She said her daily job is to give the latest status of the cases, giving immigration forms and help people if they have any doubts.
I asked her that can I file EAD when my MTR for I485 is pending with AAO? She was not sure about it. Then she made a call to Nebraska Service Centre and found out that I can file EAD. I need to attach I290B receipt along with EAP application form. I am just wondering has any one has done this before? Is that really possible?
Thanks
Raj
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X-Wing
05-16 11:28 AM
Bindas,
I believe one can send all applications in one packet, but be sure to include separate copies of supporting documents for each application with each sub-packet (per app). If paying by check, send separate checks (although I seem to recall you saying you'd paid by credit card).
Keep us posted on your renewal experience!
Thanks,
I believe one can send all applications in one packet, but be sure to include separate copies of supporting documents for each application with each sub-packet (per app). If paying by check, send separate checks (although I seem to recall you saying you'd paid by credit card).
Keep us posted on your renewal experience!
Thanks,
franklin
02-10 10:14 PM
It actually depends what nationality you are, since that CAN mean a huge amount of difference with the speed of getting your greencard through EB3 or EB2.
I'm in a similar situation, and could apply in the EB2 category, if I decided to change my job, however, I do have a good deal of company loyalty so I am reluctant to do that.
If I did that, my EB2 category is current, my EB3 category is retrogressed - but I value my job and quality of life at my current company higher than the risk of moving to another job JUST to get a greencard quicker
You should eligible for Eb2 by default because of your education unless your current job does not need one..
It is nothing to do with the individuals education level, a person with a PhD would qualify for an EB3 only, if that was what the job description stated
I'm in a similar situation, and could apply in the EB2 category, if I decided to change my job, however, I do have a good deal of company loyalty so I am reluctant to do that.
If I did that, my EB2 category is current, my EB3 category is retrogressed - but I value my job and quality of life at my current company higher than the risk of moving to another job JUST to get a greencard quicker
You should eligible for Eb2 by default because of your education unless your current job does not need one..
It is nothing to do with the individuals education level, a person with a PhD would qualify for an EB3 only, if that was what the job description stated
leoindiano
08-28 02:56 PM
apume,
I am just asking why i lost my Donor Access? Not begging.
They opened a thread, "Good News on preadjudication"...I just wanted to take a look at it.
If you count how many people contributed more than me, you will not find more than 100 members. If top 100 contributers dont have access, who will have accesss to Donor Forums.... What is the freaking use? Why even have Donor Threads?
No Accountability results in No Credibility.
I am not against donating (have done it myself) but do you guys really think they are giving out GCs to the donors?
Or is someone giving out the secret to a quicker GC in the donor forum?
Or is there the address of the shop selling GCs?
Whatever appears in RED color - supposedly for donors - to me seems to be a marketing trick to attract more donation (sadly, they had to resort to this) - but remember that if there is a big news that is relevant to us - it will be flashed everywhere, even in Indian newspapers!
Don't go begging access to the donor forum or start salivating at the thought of accessing it... just seems kinda childish to me.
Don't gimme reds for this, it was only worth 0.02 - not enough for donation!
Chill, Peace!
I am just asking why i lost my Donor Access? Not begging.
They opened a thread, "Good News on preadjudication"...I just wanted to take a look at it.
If you count how many people contributed more than me, you will not find more than 100 members. If top 100 contributers dont have access, who will have accesss to Donor Forums.... What is the freaking use? Why even have Donor Threads?
No Accountability results in No Credibility.
I am not against donating (have done it myself) but do you guys really think they are giving out GCs to the donors?
Or is someone giving out the secret to a quicker GC in the donor forum?
Or is there the address of the shop selling GCs?
Whatever appears in RED color - supposedly for donors - to me seems to be a marketing trick to attract more donation (sadly, they had to resort to this) - but remember that if there is a big news that is relevant to us - it will be flashed everywhere, even in Indian newspapers!
Don't go begging access to the donor forum or start salivating at the thought of accessing it... just seems kinda childish to me.
Don't gimme reds for this, it was only worth 0.02 - not enough for donation!
Chill, Peace!
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