TomTancredo
03-16 04:33 PM
I was in a similar frame of mind like you a few days ago...thinking whether to switch to EAD with different company or not.
On technical side, job title and description does not need to be word-to-word same. Just use common-sense (if a programmer is going to be working as an Electrician or Systems Administrator, that might cause a problem. Otherwise you should be able to prove the similarity.)
On the other side, EAD is a gift USCIS has given while your 485 is pending. Even being on H1B, there is nothing much you can do if you run out of luck. So, why not enjoy the freedom? Come out in the sky. You will "feel" it, especially if your current employer is "desi" or if you have to call them 10 times in a month to get your paycheck.
I am myself invoking AC21 in April. Whatever happens, I know I will survive. Wherever I live later (India or US), I know I will be with my family and I will still have tens of reasons to thank God for.
If you want to be a little more conservative, spend few dollars and get a back-up of an attorney.
Let go of the negativity. Do it.
Good luck.
There is no point in worrying about a future RFE ... My lawyer told me not to file AC21..
I dont think its worth it to fight the rejection of 485 and start all over again.. If they reject my 485 I will go home and be happy ... Most of the people on this forum are blessed compared to so many other Indians ..
This is my view with 2004 PD :)
On technical side, job title and description does not need to be word-to-word same. Just use common-sense (if a programmer is going to be working as an Electrician or Systems Administrator, that might cause a problem. Otherwise you should be able to prove the similarity.)
On the other side, EAD is a gift USCIS has given while your 485 is pending. Even being on H1B, there is nothing much you can do if you run out of luck. So, why not enjoy the freedom? Come out in the sky. You will "feel" it, especially if your current employer is "desi" or if you have to call them 10 times in a month to get your paycheck.
I am myself invoking AC21 in April. Whatever happens, I know I will survive. Wherever I live later (India or US), I know I will be with my family and I will still have tens of reasons to thank God for.
If you want to be a little more conservative, spend few dollars and get a back-up of an attorney.
Let go of the negativity. Do it.
Good luck.
There is no point in worrying about a future RFE ... My lawyer told me not to file AC21..
I dont think its worth it to fight the rejection of 485 and start all over again.. If they reject my 485 I will go home and be happy ... Most of the people on this forum are blessed compared to so many other Indians ..
This is my view with 2004 PD :)
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BharatPremi
05-21 10:23 PM
Also even if you use EAD you can actually get back on H1 status without being counted against the quota as long as your I-485 is pending.
Saileshdude,
Can you eloborate more on this? My understanding is that once you use EAD, H1 is gone for good. And particularly How one can revert back to H1 if EAD is used to join different employer?
Saileshdude,
Can you eloborate more on this? My understanding is that once you use EAD, H1 is gone for good. And particularly How one can revert back to H1 if EAD is used to join different employer?
ilikekilo
06-11 06:14 PM
again u r out of ur mind
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dontcareanymore
11-12 05:54 PM
Go for it! She can volunteer (obviously, she cannot get paid for the work she will do). I think it is a great idea to volunteer to establish connections and gain work experience to get ready for a real job.
My wife did the same thing when she was on H-4 and HR had no issues with that.
Cheers!
If you see the regulations, you can't work for free on H4 if that work is generally done for money.
As some one stated, if you can't work on some thing that appears to have replaced an eligible worker.
Say for example you can't run a friends consulting company and say I am not being paid. Or teach in a for profit organization. You can however do some community work.
Some people might have gotten away by doing so , but I don't think that makes it legal or right.
My wife did the same thing when she was on H-4 and HR had no issues with that.
Cheers!
If you see the regulations, you can't work for free on H4 if that work is generally done for money.
As some one stated, if you can't work on some thing that appears to have replaced an eligible worker.
Say for example you can't run a friends consulting company and say I am not being paid. Or teach in a for profit organization. You can however do some community work.
Some people might have gotten away by doing so , but I don't think that makes it legal or right.
more...
amit79
04-10 05:00 PM
WASHINGTON � U.S. Citizenship and Immigration Services (USCIS) today announced a preliminary number of nearly 163,000 H-1B petitions received during the filing period ending on April 7, 2008. More than 31,200 of those petitions were for the advanced degree category.
I read this as saying this....
The 163k number includes the advance degree number. So it is 132K for general and 31k for advance
Ys, total petitions received are 163,000
I read this as saying this....
The 163k number includes the advance degree number. So it is 132K for general and 31k for advance
Ys, total petitions received are 163,000
saileshdude
06-25 11:00 AM
You could argue that you don't need to have a job now, just that you need to be in a "same or similar"position when the 485 is approved. if your priority date is very backlogged, you have lots of time to find a job.
Would this kind of RFE response be acceptable ? If the RFE asks for employment letter and you send a response that you dont have a job and also that you are not required to have one until your Priority date becomes current, I think your AOS can be denied. Based on the memo you can argue that but I am not sure if anyone has actually done this and their AOS has continued to be processed.
Please elaborate if you can on this.
Would this kind of RFE response be acceptable ? If the RFE asks for employment letter and you send a response that you dont have a job and also that you are not required to have one until your Priority date becomes current, I think your AOS can be denied. Based on the memo you can argue that but I am not sure if anyone has actually done this and their AOS has continued to be processed.
Please elaborate if you can on this.
more...
bfadlia
03-22 09:51 AM
may be two weeks later than the website indicated, but i got the approval.
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drona
07-08 08:00 PM
Can we please not insult anyone who is working for our cause. We need all the support we can get. Can we please be more productive in this forum.
Om Mathew is obviously a publicity freak, now he has his picture on his website. I think he wants people to look at his picture and admire him
Om Mathew is obviously a publicity freak, now he has his picture on his website. I think he wants people to look at his picture and admire him
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REQUIRE_GC
07-13 10:08 AM
This is mistake. I got my EAD last year with validity only between 10/01/2007 and 01/01/2008. I called USCIS. They have asked me to send a new application for a new card with out the application fee. You probably have to do the same. Since it is mistake on their part you don't have pay any fee. Please talk to USCIS, they will let you know how to proceed.
I agree with Eb2India, It appears to be a mistake or typo on the part of USCIS.
You should approcah them. Hopefully they will react the same way as his case and you will get extended EAD. Goodluck
I agree with Eb2India, It appears to be a mistake or typo on the part of USCIS.
You should approcah them. Hopefully they will react the same way as his case and you will get extended EAD. Goodluck
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Dhundhun
09-20 10:33 PM
What is GC?
What is it anyway?
If it is philosophical question, then it is something which takes away couple of years of life of some of those people born in India and China (wait and wait and wait and ...), who want to have it. In return it frees them from bond of slavery.
What is it anyway?
If it is philosophical question, then it is something which takes away couple of years of life of some of those people born in India and China (wait and wait and wait and ...), who want to have it. In return it frees them from bond of slavery.
more...
coolmanasip
02-01 09:49 AM
Congrates! Please stay in touch as others can benefit from your advice considering your extensive experience with the process.
Thanks.
Thanks.
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desitechie
07-14 08:43 PM
One should be good enough.
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skagitswimmer
June 6th, 2005, 08:35 AM
Would the 20D or D1MkII have greater tolerances i.e. wider range algorithms in the camera?
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saileshdude
07-21 09:44 PM
You actually have active TB? Or you are saying your TB skin test came out positive as you had BCG?
If you had given BCG and your skin test came positive, that's very normal. If your doctor here wants to treat you because your skin test came positive although your chest x-ray is clear, then you probably should change your doctor.
mhtanim,
My skin test was positive but chest x-ray was negative. As far as changing the doctor goes, this doctor is actually the USCIS doctor who I went to during last July 2007 fiasco. At that time of rush I did not bother on what he wrote on the medical forms. Even though I had negative x-ray , he wrote I need to follow up with my primary care for INH treatment.
Also with regards to BCG vaccine , the skin test comes positive only within 10 years after BCG is given. If you still have a reaction after 10 years then that means that you have a passive TB and it is recommended that you get it treated. I had a long conversation with an Infectious Disease specialist and he mentioned that there is no urgency to start the treatment because of age factor. So if there is a doctor you know who says that you do not need to be treated even after 10 years of taking the BCG , then probably you should change your doctor for the sake of your own health.
If you had given BCG and your skin test came positive, that's very normal. If your doctor here wants to treat you because your skin test came positive although your chest x-ray is clear, then you probably should change your doctor.
mhtanim,
My skin test was positive but chest x-ray was negative. As far as changing the doctor goes, this doctor is actually the USCIS doctor who I went to during last July 2007 fiasco. At that time of rush I did not bother on what he wrote on the medical forms. Even though I had negative x-ray , he wrote I need to follow up with my primary care for INH treatment.
Also with regards to BCG vaccine , the skin test comes positive only within 10 years after BCG is given. If you still have a reaction after 10 years then that means that you have a passive TB and it is recommended that you get it treated. I had a long conversation with an Infectious Disease specialist and he mentioned that there is no urgency to start the treatment because of age factor. So if there is a doctor you know who says that you do not need to be treated even after 10 years of taking the BCG , then probably you should change your doctor for the sake of your own health.
more...
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rangakutta
02-10 11:24 AM
Hi ,
I need help !!!! I am a Electrical Engineering , but I joined a Indian consultant and my H1b is approved. I am working as system admin for past 2 years. I want to apply my GC in EB2 catogory.. Can some 1 advise me what to do or how to proceed with this. I am very much confused because I am not so comfortable with EB3.
Please advise !!!!!!!!
Thanks
I need help !!!! I am a Electrical Engineering , but I joined a Indian consultant and my H1b is approved. I am working as system admin for past 2 years. I want to apply my GC in EB2 catogory.. Can some 1 advise me what to do or how to proceed with this. I am very much confused because I am not so comfortable with EB3.
Please advise !!!!!!!!
Thanks
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GCwaitforever
08-15 10:58 AM
I am from India having masters in engineering and i have 9 years IT experience. Ofcourse my Lawyer filed in EB3 (in 2003) thinking that PD will be current in future. Now i140 cleared in EB3 . What next? Since i am in consulting company i don't have any problem sticking to company. Only problem is maintaining status. As long as i am in job no problem. Who knows market will be like this. I am just re thinking to go for EB2 filing. But not sure how many were able to clear Eb2 in PERM.How much salary required ? (My company located in Detroit).
See this and if it helps you courtesy Murthy.com (http://murthy.com/news/n_tscnsc.html)
Second I-140 Allowed without Revocation of Earlier I-140 Petition
The TSC confirmed that, in some cases it is possible for the employer to file two or more I-140 petitions for the same beneficiary, based on a single labor certification, in multiple EB categories. If the job requirements are proper for EB2, the case could be filed in either category. Thus, multiple I-140s could be filed in some cases. If the first was filed in EB3, there would be no need to withdraw it in order to file in EB2. The TSC recommended submitting copies of the approved I-140 with the later-filed I-140 petition.
This could be quite helpful in situations where the I-140 petition is incorrectly filed in the wrong, lower category. We do hear about such instances from time to time. It seems that if the I-140 was filed in EB3, but the case would meet EB2, the TSC would permit the re-filing of the I-140 petition without revocation of the earlier EB3 filing.
See this and if it helps you courtesy Murthy.com (http://murthy.com/news/n_tscnsc.html)
Second I-140 Allowed without Revocation of Earlier I-140 Petition
The TSC confirmed that, in some cases it is possible for the employer to file two or more I-140 petitions for the same beneficiary, based on a single labor certification, in multiple EB categories. If the job requirements are proper for EB2, the case could be filed in either category. Thus, multiple I-140s could be filed in some cases. If the first was filed in EB3, there would be no need to withdraw it in order to file in EB2. The TSC recommended submitting copies of the approved I-140 with the later-filed I-140 petition.
This could be quite helpful in situations where the I-140 petition is incorrectly filed in the wrong, lower category. We do hear about such instances from time to time. It seems that if the I-140 was filed in EB3, but the case would meet EB2, the TSC would permit the re-filing of the I-140 petition without revocation of the earlier EB3 filing.
more...
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Dhundhun
10-13 04:16 PM
Visited several countries.
Whenever, visa interview was for Technical Presentations, Business Meeting and Business Development, I used purely formal dress (Black polished shoes, black/dark grey trousers, white/light blue, a good tie, appropriate hair style).
For engineering roles, business casual, casual shoes, black/grey/brown trouser (I never used jeans), shirt with light stripe/check.
For H-1B, it has been business casual as role was engineering.
I got every time visa - virtually no questions asked - almost within minutes. I faced questions like: Out of 14-15 stamiping these are only few questions asked
In US consulate Ottawa: Business Casual
Q: Why you want to go to US?
A: Some of my friends driving to NY, I want to join them for shopping
In US consulate Delhi: Business Casual
Q: Last time we gave you Visa and you did not go, why?
A: I did enough shopping before friends went to NY and so dropped the idea of going.
In US consulate Mexico: Formal
Q: Why do you need Visa Revalidation, you could have continued to work without it.
A: Company have plans to send me for business meeting in other countries.
My input and thinking is that appropriate dress helps - and in this context, I mentioned understanding of appropriate as above.
Good Luck
Whenever, visa interview was for Technical Presentations, Business Meeting and Business Development, I used purely formal dress (Black polished shoes, black/dark grey trousers, white/light blue, a good tie, appropriate hair style).
For engineering roles, business casual, casual shoes, black/grey/brown trouser (I never used jeans), shirt with light stripe/check.
For H-1B, it has been business casual as role was engineering.
I got every time visa - virtually no questions asked - almost within minutes. I faced questions like: Out of 14-15 stamiping these are only few questions asked
In US consulate Ottawa: Business Casual
Q: Why you want to go to US?
A: Some of my friends driving to NY, I want to join them for shopping
In US consulate Delhi: Business Casual
Q: Last time we gave you Visa and you did not go, why?
A: I did enough shopping before friends went to NY and so dropped the idea of going.
In US consulate Mexico: Formal
Q: Why do you need Visa Revalidation, you could have continued to work without it.
A: Company have plans to send me for business meeting in other countries.
My input and thinking is that appropriate dress helps - and in this context, I mentioned understanding of appropriate as above.
Good Luck
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waitingnwaiting
01-19 04:02 PM
I think this is indeed a great idea.... but it might be difficult to get this information. Let me start by giving one name...
1) waitingwating
Others pls add more if you know:D:D
Not funny.
If an EB3 is so good he will not apply in EB3. He will apply in EB1. I am asking about people who were EB3 but became big after getting Green Card.
1) waitingwating
Others pls add more if you know:D:D
Not funny.
If an EB3 is so good he will not apply in EB3. He will apply in EB1. I am asking about people who were EB3 but became big after getting Green Card.
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Alabaman
05-15 09:17 PM
All these articles say we are hoping to get citizenship. I think this word raises more shackeles than saying getting green card. Cmon, we are only thinking GC now. Ctizinship after 5 years is somewhat of a time bound process. Why don these articles say we are waiting for GC. This atleast will be more palatable to the anti leagl immigration forces.More importanatly it refelects our true problem as of now.
Thats what annoys me... that they say we are trying to get citizenship. We just want to be free. If GC would give us that then we are fine. They can give us GC and say 10 years before we can apply for citizenship as long as we are free. Right now I feel like I am chained down. I can not plan I can not move forward... living a stagnant live.
The problem though is that there is no line to get into. Employers are not even willing to sponsor GC anymore. There is the need to be able to self petition.
Most people writing all these articles dont even know what is going on. They need to experience the immigration system for them to know. A lot of the facts they present are wrong. They say there is a legal way of getting GC. There is no defined legal way. It is dependent on employers wi
Thats what annoys me... that they say we are trying to get citizenship. We just want to be free. If GC would give us that then we are fine. They can give us GC and say 10 years before we can apply for citizenship as long as we are free. Right now I feel like I am chained down. I can not plan I can not move forward... living a stagnant live.
The problem though is that there is no line to get into. Employers are not even willing to sponsor GC anymore. There is the need to be able to self petition.
Most people writing all these articles dont even know what is going on. They need to experience the immigration system for them to know. A lot of the facts they present are wrong. They say there is a legal way of getting GC. There is no defined legal way. It is dependent on employers wi
tamil12
10-15 02:04 PM
I think you must have a valid H1B stamped in your passport to get H4 stamp for your wife.
BharatPremi
07-18 01:06 PM
Depending upon the uscis announcement in a day or two (i.e,7/17 or 7/18)things may change for the short term so we will plan any specific action item after that.
But for now lets continue to urge everyone we know in Texas to join IV to continue pursuing our efforts as much intelligent, elite and vivid group for acheiving our goals and objectives.
Can I expect Conference call this Sunday (07/21) ? Please provide me the Phone number / Any password-Pin/ ANd time for the conference call.
But for now lets continue to urge everyone we know in Texas to join IV to continue pursuing our efforts as much intelligent, elite and vivid group for acheiving our goals and objectives.
Can I expect Conference call this Sunday (07/21) ? Please provide me the Phone number / Any password-Pin/ ANd time for the conference call.
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