Wednesday, June 8, 2011

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  • vik352
    12-08 11:58 AM
    Her H4 is not valid. She did travel to India without an approved AP.

    Can we cancel her GC application and bring her back on H4?

    Any other options?




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  • Steve Mitchell
    November 8th, 2003, 10:50 PM
    To bad this image got corrupted somehow in the server move....a repost of the full image would sure be great.



    i don't normally go for tricked-up stuff, but this one kind of hooked me. I did the "Ansel Adams" conversion to B&W which gave me a contrasty and "antique' look. Then I merged it with the original at about 45%.

    This gave the shot a very surreal look.

    Don




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  • kramac01
    08-13 06:18 PM
    Yes, i opened a new thread so that everybody can see that CIS does mostly work on cases according to 485 Receipt Date. Otherwise i can't justify my EAD approval. I filed 485 and AP on June 18th and got RNs 2 weeks later. But EAD was filed later on July 12th. I got the receipt number for EAD from the back of my cashed check but never got actual Receipt Notice. Today i got the email that card production has been ordered.

    So if they have to approve an EAD filed in mid July, they must have gone with the 485 Receipt date. There is an LUD for our APs too for this Sunday. I'm happy that they are processing the cases in somewhat FIFO order. I was expecting EAD only 3-4months later since i filed it along with the July flood of applications.

    Dec2002 EB3 India.

    How to check the LUDs in USCIS website?




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  • vallabhu
    09-16 02:59 PM
    Done



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  • morchu
    04-21 01:40 PM
    Wrong.
    H1B has nothing to do with an AOS. AOS has its own requirements, and having an H1B or even being "employed" at the time, is not a requirement for AOS.

    So "brick2006", theoreticaly can file for AOS, even when he is in H4.

    -Morchu

    ....To file AOS once PD is current, it is essential that one be in H1-B status.




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  • martinvisalaw
    08-18 12:46 PM
    The RFE as per my employer is about Vendor/Client Details and a latest paystub from the current job. Since I started working already and was getting paid, my employer generated a paystub and supplied the same.

    I would be surprised if CIS wanted a paystub from the current employer. They are more likely to have asked for one from the previous employer to prove that you were maintaining status.

    I would normally not advise someone who was already out of work to use H-1B portability to start working for a new employer. I always recommend waiting until the new H-1B is approved. Given the gap between ending the old job and filing this H-1B, there is a strong chance that CIS will not approve the change of employer petition. This means that you have been working without authorization.

    See this blog posting for more details: Law Office of Elaine Martin - immigration news: Consequences of layoffs on H-1B workers - Part 1 (http://martinvisalaw.blogspot.com/2009/02/consequences-of-layoffs-on-h-1b-workers.html).



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  • cool_guy_onnet1
    06-01 01:28 PM
    New Immigration Bill Amendment Could Help Keep Foreign Tech Workers In U.S.
    A proposal to create a dual green-card system that favors high tech talent has bi-partisan support in the Senate.

    By Marianne Kolbasuk McGee
    InformationWeek
    May 31, 2007 04:50 PM


    A bi-partisan group of U.S. senators next week is expected to introduce to the immigration reform bill an amendment that proposes to retain a pool of 140,000 employer-sponsored green cards for foreign workers seeking permanent residence in the United States.
    Amendment S.1249, being co-sponsored by senators Maria Cantwell (D-Wash), John Cornyn (R-Tex.), Patrick Leahy (D-Vt.), Orrin Hatch (R-Pa.), and Robert Bennett (R-Utah) proposes that the U.S. create a dual green-card system that, in addition to a new merit-point green card system that's proposed in the main bill, would also keep an annual pool of 140,000 employer-sponsored based green cards for foreign workers.

    The revised legislation also proposes the United States establish no limit on H-1B visas for foreign professionals with masters or doctoral degrees in science, technology, engineering and math, or STEM fields.

    "This would set up a complementary and parallel employer-sponsored system to the merit system" said Robert Hoffman, Oracle VP of government affairs and co-chair of Compete America, a coalition of technology companies. "This system would be more like Australia's" where immigration is granted in dual programs that includes employer-based sponsorship and merit points.

    By the U.S. retaining a system allowing employer-based green cards to be issued each year, businesses would have better control over the talent they'd like to keep in the U.S., say tech employers.

    One of the biggest criticisms that tech employers have about the current immigration reform bill being hammered out in the Senate is the proposed merit-based green card system. The process awards individuals with points based on the person's education, skills, and other factors.

    Tech companies complain that a point-based system would shift to government bureaucrats too much control about the kind of talent pool that's available to employers in U.S. Amendment S.1249 proposes retaining employer-based immigration and expanding permanent residency to those foreigners with advanced STEM degrees, said Hoffman.

    The amendment also proposes eliminating caps on H-1B visas issued to foreign students who have advanced degrees from U.S. universities. Right now, in addition to the 65,000 H-1B visas issued each year by the United States, an additional 20,000 H-1B visas are available to foreign students with advanced degrees from U.S. universities. The new amendment would eliminate that annual ceiling for advanced U.S. degrees.

    In addition, the amendment also proposes providing 20,000 H-1B visas annually to foreigners with advanced degrees in STEM fields from foreign schools.

    "Masters and PhDs would be exempt from the cap on H-1Bs and green cards," said Hoffman.

    The amendment also proposes retracting a provision in the immigration reform bill that H-1B visa holders must have degrees that match their jobs. However, under the amendment, an H-1B visa holder with a degree in mathematics could continue to apply for work in a software engineering job, even without the software engineering degree.

    "We're strongly in favor of this amendment," said Hoffman. "It's the single most important amendment in this [immigration] bill," he said.

    Not everyone feels the same way. In a statement, U.S tech-professional advocacy group the Programmers Guild, called the amendment "a declaration of war on American tech workers."




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  • chris
    02-05 09:02 PM
    One time one IO told me once you file your 485 or any application means USCIS is working on your case. You have to wait until they mail a decission. (what are we going to do though :p)

    Here under review means same above meaning. Since your PD is not current. Even though they are working on your case doesn't mean any thing. :p

    Good luck though. (we are seeing on forums that people are getting GCs without PD's are current.) :mad:

    Cris,

    I just called teh number and was able to talk to the officer.. he said the case under review.. means.. Any idea.

    Thanks again.



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  • seba
    02-08 12:41 AM
    Arjun, thanks for clarifying those things. I have a couple of final questions before I book my trip if you could please help me again.

    (1) My first H1B was valid from Oct 2004 to Oct 2007, and I got my stamp in Dubai. The stamp expired on Oct 2007. My second H1B is valid from Oct 2007 to Oct 2010, and I am planning to go to Halifax for the stamping. I have stayed at the same company all this time. Does "revalidation" include my situation?

    (2) When leaving for Canada, they did not take your white I-94 card (stapled to passport) at the US airport. When arriving in the US, they replaced your old I-94 with a new I-94 at the US airport. Please confirm that all this is correct.

    Thanks again. My company uses "immigration lawyers", but they seem rather incompetent, as many of you have experienced.




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  • lccleared
    08-26 06:04 PM
    I have not received it either, where as my spouse and child got theirs 10 days back. Wonder whats happening, called up USCIS they asked me wait for couple of more days.



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  • NKR
    09-22 09:00 AM
    Thats what GC means to me.

    On the other hand...Its just the current state of mind...

    You are asking 'What is GC, is it worth it?'. But you don't ask the same thing about other things...like 'What is Money, is it worth it?' !! 'What is family, is it worth it?'

    But people do enter a state of mind, where other things become more important to them than what is important to you or me (like money, family....GC etc).
    .

    Dude, Your PD is in early 2001 and you are so calm and composed?. I am amazed with your �current state of mind�. I hope you get your GC soon.




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  • dixie
    02-15 10:11 AM
    Definitely an idea worth considering. Of late we hvae had too many "new members" who turn out to be 2-3 post wonders - get their questions answered and vanish without a trace. But given the subsidy mentality prelavent among our "educated and skilled" community, I doubt the idea will fly.



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  • indianabacklog
    11-09 09:20 AM
    My lawyer told me the backlog is 400K. As an European, I am expecting to wait between 2 to 3 years for my GC. Anything sooner would be a nice surprise!

    It is going to very much depend on your priority date and employment based category.




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  • kate123
    09-16 03:02 PM
    Called all the representatives.... guys it took only 15 minutes.. burn all the fone lines!!!!!!!!its our last chance and only hope...



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  • Rb_newsletter
    04-29 07:59 PM
    This is another fake story and push to try to get Congress to do something about easing immigration. 150K entrepreneurs have returned home. Really? I have not seen more than 100 Indian+Chinese NEW companies - worth their name - come up in the last at least 10 years. And about 5000 US firms that are making waves have come up in the US, 90% of which are started by born-Americans.
    Moral: those that returned home were not entrepreneurs!


    "Entrepreneurs" doesn't mean to start a new company. they can just start a new business unit inside a big corporate. For example the google-maps is a new venture inside google. The guy who initiated the google-map idea is an entrepreneur.

    Sometime 2 or 3 people join together and venture into one thing.

    And there is a saying "95% of the businesses fail". So one cannot see all the companies started.




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  • rongha_2000
    10-02 11:42 AM
    Gotcha..!! Thanks..

    No I dont plan to invoke AC21 anytime soon.

    Your assumptions are exactly right. Do you plan to invoke AC21 in near future? I think if you switch to a company who is willing to transfer your H1B, you can transfer it as well. This is what my attorney told me some time back when I was in your stage and can still avoid using EAD.

    The purpose of maintaining the backup is for safety. Even if your 485 denied, you can still have some time period left on your H1 and can look for other alternative avenues to be here legally and can restart your GC process as well. Without this H1 backup, you have a very little time to do so.

    (Though I got GC now, my H1 is valid till end of 2010 :) )



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  • eb3_nepa
    08-16 09:39 PM
    We gave them the 485 receipt and both the EADs and this is all information he actually asked for and said at the end that the system did not let him give us the DL as it needed more info.

    When will this NIGHTMARE end!:rolleyes:




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  • GCapplicant
    10-12 04:04 PM
    I am also from NJ-I have to get FP from HAckensack-NJ thats my nearest .

    When we called USCIS she said its delay because of traffic in ASC in our location.So they have to correspond with them,when ever they get a reminder in their system.
    So as of now they havnt mailed...waiting for FP.
    I hope the process does not delay further beacuse of this FP...I wish they do fast.
    I just wonder NJ is a populated area and they have only two ASC...one in newark and another in Hackensack.I hope it doesnt take months for this FP.

    Does name check start after FP?



    My ND is Sep/11.




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  • needhelp!
    08-31 12:50 AM
    You guys are the experts.. I am a newbie. Good I asked, I would have never known!!

    Am I missing something here. Isn't it via country of birth and not country of citizenship. There might be better ways to get around the system. EB2 Indians should marry EB3 ROW folk and apply cross-chargeability! I have yet to think of a way out for EB3 India!




    Sheetal_MA
    06-09 10:52 AM
    If you have w-2's you just need to fill 1040NR-EZ and send it back to the requesting officer. I don't understand what is the problem in fill a form and signing it and sending in the copies of it... what difference does it make if it was filled in 1999 or 2008 as it will be the same thing.... if they have a problem ask them to verify it with IRS which I am sure they will not able to do as there is no way so they have to accept what you submit... just my $0.02.. ask your attorney about this...

    Hmm...isn't this illegal?




    alterego
    06-13 06:21 PM
    It means the immigration sub-committee will discuss and vote on this issue and it is a positive sign in my view that the democratic leadership is allowing this to go forward. If it passes the subcommittee then it will be sent to the floor and may be scheduled for a vote there. I am desperately hoping for a floor vote on this, hopefully the democratic leadership will see the justice on this one.

    The CHC needs to realize that this is not about elitism. The EB community has been through this cycle of delayed EB reform for the sake of CIR on previous occasions and continuously since 2005. We have never opposed a pathway to legal status for the undocumented. It is time that they give us some consideration for our own plight. Failing which they will be seen by moderates as the hardliners.

    Make the calls people. Your call may make the difference, especially if you are in the congressional district of a key contact, please, please make that call. Make a call and consider it your duty to persuade another colleague do one too.



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