hk196712
07-16 12:40 PM
My PD is Sept 2005, EB2-NIW.
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gc_on_demand
01-05 12:44 PM
seems like it. A lot of people seem to be doing it which is why EB2 is not moving fast enough
there were 400k application pending for AOS as of last year. 50% Eb3 would make them 200k..
can anyone know how much of 200k ported to Eb2 ? if no is above 50k then its an issue. under less than 50k will justify by slow economy and new labor rule ( no more Eb2 for Software Engineer ).
there were 400k application pending for AOS as of last year. 50% Eb3 would make them 200k..
can anyone know how much of 200k ported to Eb2 ? if no is above 50k then its an issue. under less than 50k will justify by slow economy and new labor rule ( no more Eb2 for Software Engineer ).
keepwalking
05-14 08:06 AM
I am sorry for the confusion. My wife is already in US in H-4 status. My question is once I add her to my green card process (on June 1st 2011), how long will it take for her to get her green card.
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chandrajp
06-19 01:18 PM
The USCIS website says one need to file 6 months in advance for EAD. It may come out to be true now based on the flood of applications received after July 1st this year. I filed for EAD extentions 3 times in last three years and last 2 times I got in less than a month, this year it took close to 3 months. So always apply 6 months in advance as advised in website
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=d502194d3e88d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=1847c9ee2f82b010VgnVCM10000045f3d6a1 RCRD
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=d502194d3e88d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=1847c9ee2f82b010VgnVCM10000045f3d6a1 RCRD
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ndialani
11-19 03:42 PM
2 weeks back , An agent from Homeland security came to visit my office and spoke to my Employer and me . He wanted to make sure , i work there and everything is true.
He also saw all the H1B documents and took photos of our dental office.
So ,yup! it is true. I m working there since 2003 and just got another extension till 2012 on H1B. Still waiting for GC!!!
He also saw all the H1B documents and took photos of our dental office.
So ,yup! it is true. I m working there since 2003 and just got another extension till 2012 on H1B. Still waiting for GC!!!
girishvar
07-28 04:06 PM
When we have traveled to Matamoros, MX for stamping we had AP and H1/H4. On return we have used H1/H4. NO questions asked at the border check post.
I am planning a family trip to Mexico for few days and would like to get some suggestion or personal experience on how to re-enter to United States. Here is my situation:
Wife has a valid H4 stamp in her passport which is good for another year. We also applied for travel document after we filed for I-485 but she has never used that travel document. Now the question is what do we use for her, H4 or travel doc, when we re-enter US from Mexico? I can't think of any reason why she shouldn't be able to use her H4 to re-enter but the fact that she also has a travel document, will the officer require her to use travel doc and enter and parole. In that case, does she lose her H4 status and just become a parole or should she not even show the travel doc and just the H4.
Any help will be very much appreciated.
I am planning a family trip to Mexico for few days and would like to get some suggestion or personal experience on how to re-enter to United States. Here is my situation:
Wife has a valid H4 stamp in her passport which is good for another year. We also applied for travel document after we filed for I-485 but she has never used that travel document. Now the question is what do we use for her, H4 or travel doc, when we re-enter US from Mexico? I can't think of any reason why she shouldn't be able to use her H4 to re-enter but the fact that she also has a travel document, will the officer require her to use travel doc and enter and parole. In that case, does she lose her H4 status and just become a parole or should she not even show the travel doc and just the H4.
Any help will be very much appreciated.
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Macaca
02-23 01:21 PM
Some core members are already in DC since yesterday and working on it.
Pappu, please post such tit bits (of your choice) at regular intervals. Thanks.
As you must have learnt by now, we have 97% babies who need a feeding bottle at regular intervals.
Pappu, please post such tit bits (of your choice) at regular intervals. Thanks.
As you must have learnt by now, we have 97% babies who need a feeding bottle at regular intervals.
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n2b
04-17 02:13 PM
I thought if you invoked your AC21 - you hopped on to the pending-immigrant boat leaving the non-immigrant boat altogether ... and that boat is now gone ...
To get back to a non-immigrant boat .. you may have to get a new one ... but in that case you'll have to show your intent of non-permanent stay in the US ... which your 485 would contradict anyways ...
A better option would be to have your legs in both the boats for as long as possible - i.e. transfer your H1 (and not get on to your EAD) while your 485 is still pending.
I may be wrong .. but this is how i perceive it
Peace.
H1B is dual intent so even if I go back on H1B I can still keep intentions to immigrate right?
To get back to a non-immigrant boat .. you may have to get a new one ... but in that case you'll have to show your intent of non-permanent stay in the US ... which your 485 would contradict anyways ...
A better option would be to have your legs in both the boats for as long as possible - i.e. transfer your H1 (and not get on to your EAD) while your 485 is still pending.
I may be wrong .. but this is how i perceive it
Peace.
H1B is dual intent so even if I go back on H1B I can still keep intentions to immigrate right?
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GCSOON-Ihope
11-02 10:25 AM
Can someone here on this forum list down all the documents that are required to file 140 and 485. Or if this has been discussed in a thread can you please point me to the right forum?
Are you sure you want to do it on your own? If it was that easy, everybody would do it. Considering all the potential pitfalls, it just puzzles me why somebody would go for such a process on their own.
What are you trying to achieve? Save some bucks or show that you are smarter than other people? Even to save a lot of bucks, I don't see how I would do it without a reputed attorney.
Yes they are expensive, but there is a good reason for it: you are buying their expertise. Don't you think that it is worth it?
Anyway, that's just me...Good luck to you.
Are you sure you want to do it on your own? If it was that easy, everybody would do it. Considering all the potential pitfalls, it just puzzles me why somebody would go for such a process on their own.
What are you trying to achieve? Save some bucks or show that you are smarter than other people? Even to save a lot of bucks, I don't see how I would do it without a reputed attorney.
Yes they are expensive, but there is a good reason for it: you are buying their expertise. Don't you think that it is worth it?
Anyway, that's just me...Good luck to you.
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meridiani.planum
03-12 06:38 PM
Would anyone know if there is a third valid case for H1 extension i.e.
LC approved, I140 pending (just a month) but LC is less than 365 days old?
My LC has been approved but will be only pending for 360 days on the day my H1 expires, I140 is pending and sixth year is going to be up this June. Can I extend or would i be forced to recapture some of my time outside US?
From what I know your options are:
- recpature time outside
- spend some time outside right now
- change status to H4, then back to H1 when LC is old enough
if you have filed your 485 you can even jump to EAD, then file the H1 extension when eligible. You would need to leave the US and re-enter to activate that H1 (because using EAD would have put you into this AOS-Pending status)
LC approved, I140 pending (just a month) but LC is less than 365 days old?
My LC has been approved but will be only pending for 360 days on the day my H1 expires, I140 is pending and sixth year is going to be up this June. Can I extend or would i be forced to recapture some of my time outside US?
From what I know your options are:
- recpature time outside
- spend some time outside right now
- change status to H4, then back to H1 when LC is old enough
if you have filed your 485 you can even jump to EAD, then file the H1 extension when eligible. You would need to leave the US and re-enter to activate that H1 (because using EAD would have put you into this AOS-Pending status)
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stemcell
02-12 02:15 PM
Thanks for the advice. The problem is that my employer is really small and it will cost him money to do it all and if it doesn't work out he will have to eat up the cost. Here in New York it will be very expensive to advertise for the job and the chance of getting qualified replies are really high and of course this economy makes it even worse. Maybe I'm just a pesimist but I seriously have doubts it will work out.
puzon
There are a lot of folks who shell out on their own for the GC process.
Just weigh the risks vs benefits....
do u wanna spend money on your own and start working on your PERM and if PERM gets approved and so does I-140 good for you
OR
leaving the U.S for an year and then risking the lottery, and be further down the line for the priority dates when you come back and start over the process.
The way i look at it dont waste an opportunity, just apply and worse case u have a plan B
only my 0.02
puzon
There are a lot of folks who shell out on their own for the GC process.
Just weigh the risks vs benefits....
do u wanna spend money on your own and start working on your PERM and if PERM gets approved and so does I-140 good for you
OR
leaving the U.S for an year and then risking the lottery, and be further down the line for the priority dates when you come back and start over the process.
The way i look at it dont waste an opportunity, just apply and worse case u have a plan B
only my 0.02
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sdeshpan
08-05 07:27 PM
It auto-converts all H1Bs and EADs into Green Cards effective immediately. :)
Do you really think H1-B folks (or even those waiting for PD to be current) will be considered "Long-term conditional residents"?
Not questioning, just wondering...there has to be a catch! But alas, someone is trying for some relief...let's see of this bill ever sees the light of day!
Do you really think H1-B folks (or even those waiting for PD to be current) will be considered "Long-term conditional residents"?
Not questioning, just wondering...there has to be a catch! But alas, someone is trying for some relief...let's see of this bill ever sees the light of day!
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sanju_dba
07-22 04:20 PM
is this is right?
-> H1 (797 approval notice) is valid
-> you enter USA on AP, you will get AOS status.
-> H1 is still valid but unusable as the status is AOS.
-> If anything happens to GC processing then you loose status, H1 will NOT become a backup.
-> The only way you change from AOS to visa status is by renewing your H1 or change jobs with H1 ( or reenter USA on H1 Visa ).
PS : I understand , H1 ( 791 approval notice ) and H1Visa are different.
-> H1 (797 approval notice) is valid
-> you enter USA on AP, you will get AOS status.
-> H1 is still valid but unusable as the status is AOS.
-> If anything happens to GC processing then you loose status, H1 will NOT become a backup.
-> The only way you change from AOS to visa status is by renewing your H1 or change jobs with H1 ( or reenter USA on H1 Visa ).
PS : I understand , H1 ( 791 approval notice ) and H1Visa are different.
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calboy78
08-02 08:48 PM
This document:
http://www.uscis.gov/files/article/B5.pdf
Says that :
If you stay outside of the
U.S. for one year or more and did not apply for a re-entry
permit before you left, then you may be considered to have
abandoned your permanent resident status and may be refused
entry into the U.S. if you try to return. If you are in this situation,
contact the U.S. Consulate about a returning resident visa.
You might want to talk to an attorney before !
Good Luck and hope DHS/USCIS will provide some relief to you.
They have decades old laws, which don't make much sense and they have no agenda to change 'em.
http://www.uscis.gov/files/article/B5.pdf
Says that :
If you stay outside of the
U.S. for one year or more and did not apply for a re-entry
permit before you left, then you may be considered to have
abandoned your permanent resident status and may be refused
entry into the U.S. if you try to return. If you are in this situation,
contact the U.S. Consulate about a returning resident visa.
You might want to talk to an attorney before !
Good Luck and hope DHS/USCIS will provide some relief to you.
They have decades old laws, which don't make much sense and they have no agenda to change 'em.
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PD_Dec2002
07-05 04:53 PM
jonty_11, sundevil:
Isn't it possible that "sts_seeker" did not buy a subst LC or secure it illegally? Are you going to assume he's guilty unless proven innocent?
What if he's working for a decent company, and the company had a LC available because one of their employees left? What would they do with the LC other than offer it to another deserving employee? And why shouldn't "sts_seeker" take it if it was offered through perfectly legal channels?
You guys have a problem when DOS/USCIS does something illegal. But you have a problem even when "sts_seeker" and his/her company did something perfectly legal!
Your fellow senior members "nixstor", "tikka", "ramus", etc are working hard to get people to contribute to IV. And here, you are driving new members (and potential contributors) away?
Before replying to this, please read my disclaimer below. I have to add it given the fact how hot-headed/short-tempered members have been in the last few days where they will flame someone just because their opinions differ.
Thanks,
Jayant
P.S.: And for the record, I have not applied for GC using a subst LC. I know you must be itching to ask me this since I am offering a different opinion.
Disclaimer: These are my opinions. You don't have to agree with them. If you disagree, just ignore them. I am not interested in justifying anything that you might have to say. I would, however, reply to a civil and a healthy discussion.
Isn't it possible that "sts_seeker" did not buy a subst LC or secure it illegally? Are you going to assume he's guilty unless proven innocent?
What if he's working for a decent company, and the company had a LC available because one of their employees left? What would they do with the LC other than offer it to another deserving employee? And why shouldn't "sts_seeker" take it if it was offered through perfectly legal channels?
You guys have a problem when DOS/USCIS does something illegal. But you have a problem even when "sts_seeker" and his/her company did something perfectly legal!
Your fellow senior members "nixstor", "tikka", "ramus", etc are working hard to get people to contribute to IV. And here, you are driving new members (and potential contributors) away?
Before replying to this, please read my disclaimer below. I have to add it given the fact how hot-headed/short-tempered members have been in the last few days where they will flame someone just because their opinions differ.
Thanks,
Jayant
P.S.: And for the record, I have not applied for GC using a subst LC. I know you must be itching to ask me this since I am offering a different opinion.
Disclaimer: These are my opinions. You don't have to agree with them. If you disagree, just ignore them. I am not interested in justifying anything that you might have to say. I would, however, reply to a civil and a healthy discussion.
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txh1b
08-18 11:34 AM
does anyone know to whom should i report the issues i have with my previous employer?
it is regarding the salary and unpaid dues..
Unless you specifically say what your status is, what the dues are for, the agency that could help you cannot be determined.
State Labor Department, US DOL Wage and Hour division or a civil/small claims case are your options depending on your state laws.
it is regarding the salary and unpaid dues..
Unless you specifically say what your status is, what the dues are for, the agency that could help you cannot be determined.
State Labor Department, US DOL Wage and Hour division or a civil/small claims case are your options depending on your state laws.
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brasil
07-29 09:32 PM
Brasil,
I think after reading your case, it is just a standard operating procedure. Not sure why you thought of it as being punished unless some dmv official behaved unprofessionally or rudely with you . I suggest you wait for sometime and you will definitely get your license renewed back.
All the best :)
Getting the driver's license is not the problem, I know it will come. Problem here is why I cannot drive outside SC for up to 60 days waiting for the DL card? Remember I've to surrender my old SC license. This is serious limitation to my work, e.g. I need to go to Atlanta on 08/19 and I cannot drive there.
In September I will go to Italy, what if I don’t get my DL till then?
And you say “Not sure why you thought of it as being punished”
This is ridiculous
I think after reading your case, it is just a standard operating procedure. Not sure why you thought of it as being punished unless some dmv official behaved unprofessionally or rudely with you . I suggest you wait for sometime and you will definitely get your license renewed back.
All the best :)
Getting the driver's license is not the problem, I know it will come. Problem here is why I cannot drive outside SC for up to 60 days waiting for the DL card? Remember I've to surrender my old SC license. This is serious limitation to my work, e.g. I need to go to Atlanta on 08/19 and I cannot drive there.
In September I will go to Italy, what if I don’t get my DL till then?
And you say “Not sure why you thought of it as being punished”
This is ridiculous
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gcobsessed
10-23 02:36 PM
Employment based GC is based on intent to work for sponsoring employer or similar profession. For most of us, who are retrogressed, we would have worked with sponsoring employer already for 4 to 5 years. the main issue here is whether sufficient intent existed at the time of filing 140 and 485. after having been in 485 filed status for long, it is natural for intent to change.
so, i do not see why full time MBA with 485 pending is an issue. the laws are quite unclear, for sure.
My understanding from my lawyer is that a person's intent while filing GC should be that he will work in that position "indefinitely". So, if intent changes before the application is approved, then one might argue that the application itself should be withdrawn or is invalid.
The regulations do seem clear on what kind of work one must take up immediately after GC is approved. But, how it is enforced and the consequences of not abiding by it are open to debate. It depends on the person's risk tolerance profile to act as he chooses...who knows what will happen 5+ years from now...
so, i do not see why full time MBA with 485 pending is an issue. the laws are quite unclear, for sure.
My understanding from my lawyer is that a person's intent while filing GC should be that he will work in that position "indefinitely". So, if intent changes before the application is approved, then one might argue that the application itself should be withdrawn or is invalid.
The regulations do seem clear on what kind of work one must take up immediately after GC is approved. But, how it is enforced and the consequences of not abiding by it are open to debate. It depends on the person's risk tolerance profile to act as he chooses...who knows what will happen 5+ years from now...
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panky72
06-20 03:01 PM
Now I have a question?
My H1 is valid till May 2010 but not stamped. I have AP with me. If I go to India and come back on AP, I will still be on H1 and can even extend beyond 2010. If this is valid, then I think I do not have to get my visa stamped. That will be cool.
I am also planning to do that. I think we can do that but I will clarify with my attorney next week.
My H1 is valid till May 2010 but not stamped. I have AP with me. If I go to India and come back on AP, I will still be on H1 and can even extend beyond 2010. If this is valid, then I think I do not have to get my visa stamped. That will be cool.
I am also planning to do that. I think we can do that but I will clarify with my attorney next week.
andreafejes26
03-31 08:42 PM
I have been working in the USA with an H1B Visa since Nov, 2007; this until August 2009 when I was laid off by my employer/sponsor (Company A). Last time I entered the US was August 13, 2009 (I was admitted until Sep 23, 2010 day the H1B visa expires). Last pay stub August 2009.
I dedicated myself to get a new job (I didn't know at the time that my staying represented a huge risk for me). I finally got a job offer on November 15, 2009. It is an international group who just opened an office in Miami.
Holidays, all the foreign management start up procedures, along with the fact that the lawyer was very slow, made that the actual application date for I-129 March 1st.2010. Imagine that. We required premium processing.
On January 15, I asked my lawyer if considering the delay of the new employer (it is a new business here in the US), and all other issues, it was better for me just to leave the country and simple apply again on April 2010. He said no.
On March 1, 2010 (effective date of the application) I started to formally work for company B -I just got my first pay stub. On March 22, 2009, USCIS sent a request for further evidence. The lawyer has the letter -I enclosed- in his desk since last Thursday. Response is due May 6, 2010.
As you can see USCIS requires, among other matters, pay stubs from January 1 2010 to present (from Company A). For 2009 we filed my W2 and 2009 income tax return. They didn't ask for 2009.
What should I do? Should I say that I don't have the pay stubs (implicit recognition I didn't maintain status), explaining that I indeed got an offer, and all the reasons for the delay?, or try to ask my ex employer if they give me a letter indicating I'm still her employee (I doubt they will do that, but I can try).
What are my options/risks; deportation for instance? Should I leave the country immediately?
I dedicated myself to get a new job (I didn't know at the time that my staying represented a huge risk for me). I finally got a job offer on November 15, 2009. It is an international group who just opened an office in Miami.
Holidays, all the foreign management start up procedures, along with the fact that the lawyer was very slow, made that the actual application date for I-129 March 1st.2010. Imagine that. We required premium processing.
On January 15, I asked my lawyer if considering the delay of the new employer (it is a new business here in the US), and all other issues, it was better for me just to leave the country and simple apply again on April 2010. He said no.
On March 1, 2010 (effective date of the application) I started to formally work for company B -I just got my first pay stub. On March 22, 2009, USCIS sent a request for further evidence. The lawyer has the letter -I enclosed- in his desk since last Thursday. Response is due May 6, 2010.
As you can see USCIS requires, among other matters, pay stubs from January 1 2010 to present (from Company A). For 2009 we filed my W2 and 2009 income tax return. They didn't ask for 2009.
What should I do? Should I say that I don't have the pay stubs (implicit recognition I didn't maintain status), explaining that I indeed got an offer, and all the reasons for the delay?, or try to ask my ex employer if they give me a letter indicating I'm still her employee (I doubt they will do that, but I can try).
What are my options/risks; deportation for instance? Should I leave the country immediately?
vdlrao
05-02 12:10 PM
Don't go for the ICICI home loan. They are the first ones to increase the interest rate when ever theres a RBI changes the base rate. And the last one to decrease the interest rate when ever there's a base rate change. And some times they don't decrease at all.
They start charging higher interest rate than the fore said rate once you taken the loan from them. On top of it they charge 2% extra for the prepayment amounts. Best is SBI.
They start charging higher interest rate than the fore said rate once you taken the loan from them. On top of it they charge 2% extra for the prepayment amounts. Best is SBI.
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