bluez25
06-29 09:20 PM
Mantric,
Yes the service center will send your employer a curtesy copy and attorney the origial approval. Once you get the Feel bill letter and send the cachiers check, they will create a case and send the packet 3. in which you can find the NVC case number.
Yes the service center will send your employer a curtesy copy and attorney the origial approval. Once you get the Feel bill letter and send the cachiers check, they will create a case and send the packet 3. in which you can find the NVC case number.
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glus
06-18 11:35 AM
I don't know what's the logic behind the processing dates. How could all the dates move back so much? It does not make any sense. I wonder if we could contact someone regarding this or maybe, USCIS wants to minimize the number of queries and moved the dates back so fewer people call and ask for status?? I have no idea what's behind it.....
G
G
rkay
06-03 11:00 AM
PS: Take ot easy if there are any spelling mistakes in my reply.
Are you making these spelling mistakes on purpose, or is it just natural ?:D
Are you making these spelling mistakes on purpose, or is it just natural ?:D
2011 Victoria Silvstedt
nk2006
11-08 06:57 AM
Democrat majority in House; and evenly split Senate (2 seats are still at stake which will decide who is in control; democrats seems to have majority in both of them). Wow this is good and hopefully great for us.
More than winning control, the list of people who lost (or almost lost) in senate/house shows that majority of Americans are not as against on immigration issues as some media people project very often. Of course the main issues of this election are different; but some of the lost candidates made a big issue out of immigration and hoped that would get them elected. Well�they are wrong.
I was just listening to NPR about a discussion on Bush and how he/his administration would deal with these election reversals. One of the analysts was pointing out that this is in some way good for him and that he can push some of his measures more comfortably, the first one he mentioned is guest worker / CIR. The logic is, since majority of democrats are in favor of that measure and even the new senate will be comfortably in favor; he can push for the guest worker program. In fact this measure might be used to make friends with both houses and to divert some extended attention to war. I liked his analysis and hope that it will come true :) .
As logiclife pointed above, CIR may be too controversial even with democrat leading house. They have a different set of agenda and might push the immigration issues to the back burner. Lets hope that some less controversial bill like SKIL will be taken up soon.
One question for the experts: CIR was passed in the old senate but was not reconciled with house. Can this bill be taken up again or is it already considered dead. My understanding is the bill has to be discussed / voted again in both senate and house (assuming majority leader set this on agenda). Is that true? Instead can the house majority leader now decide to reconcile with CIR already passed in senate.
More than winning control, the list of people who lost (or almost lost) in senate/house shows that majority of Americans are not as against on immigration issues as some media people project very often. Of course the main issues of this election are different; but some of the lost candidates made a big issue out of immigration and hoped that would get them elected. Well�they are wrong.
I was just listening to NPR about a discussion on Bush and how he/his administration would deal with these election reversals. One of the analysts was pointing out that this is in some way good for him and that he can push some of his measures more comfortably, the first one he mentioned is guest worker / CIR. The logic is, since majority of democrats are in favor of that measure and even the new senate will be comfortably in favor; he can push for the guest worker program. In fact this measure might be used to make friends with both houses and to divert some extended attention to war. I liked his analysis and hope that it will come true :) .
As logiclife pointed above, CIR may be too controversial even with democrat leading house. They have a different set of agenda and might push the immigration issues to the back burner. Lets hope that some less controversial bill like SKIL will be taken up soon.
One question for the experts: CIR was passed in the old senate but was not reconciled with house. Can this bill be taken up again or is it already considered dead. My understanding is the bill has to be discussed / voted again in both senate and house (assuming majority leader set this on agenda). Is that true? Instead can the house majority leader now decide to reconcile with CIR already passed in senate.
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somegchuh
05-24 01:25 PM
I understand and agree with all the points except I am not sure how it puts ppl with pending 140 at risk. Can you please elaborate?
Also, AC 21 repealed? So no switching of jobs after 6 months of 485? What about those who have already switched?
Also, the current visa numbers are 9800 for a country annually. That limit goes down to 9000. Its a 10% cut but is that going to have major impact on retrogression?
AC 21 repealed (disastrous)
Bad for pending I 140 .... left in limbo
Bad for pending LC .... left in complete limbo
Bad for retrogressed.... backlog will increase phenomenally 'cos of decreased visa numbers
Also, AC 21 repealed? So no switching of jobs after 6 months of 485? What about those who have already switched?
Also, the current visa numbers are 9800 for a country annually. That limit goes down to 9000. Its a 10% cut but is that going to have major impact on retrogression?
AC 21 repealed (disastrous)
Bad for pending I 140 .... left in limbo
Bad for pending LC .... left in complete limbo
Bad for retrogressed.... backlog will increase phenomenally 'cos of decreased visa numbers
chi_shark
09-26 03:44 PM
all i can say is that your situation sounds like an illegal situation... if you are simply going to provide offer letter without actually having a job... but thats between you and your company and you may be perfectly legal and fine... check with a lawyer dude
So what is the general feeling about the Original GC sponsoring Job, Should we continue the Primary Job and Start a company on the sides. In my case
1. I am not on H1B anymore
2. I am already using my EAD with my GC sponsoring employer.
3. My Employer is ok if i leave the company ( i have been with them for 6-7 yrs now and they have made enough from me...fair enough i think)
4. My employer will not revoke the I-140 for sure.
5. My client is ok to work with me if i start my own company.
All the above points make me inclined towards starting a company and work for it, Do you think it is not advisable to change the employer specially in the case when you are starting your own company..
So what is the general feeling about the Original GC sponsoring Job, Should we continue the Primary Job and Start a company on the sides. In my case
1. I am not on H1B anymore
2. I am already using my EAD with my GC sponsoring employer.
3. My Employer is ok if i leave the company ( i have been with them for 6-7 yrs now and they have made enough from me...fair enough i think)
4. My employer will not revoke the I-140 for sure.
5. My client is ok to work with me if i start my own company.
All the above points make me inclined towards starting a company and work for it, Do you think it is not advisable to change the employer specially in the case when you are starting your own company..
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gveerab
04-12 11:12 AM
Thanks
Veera
Veera
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gk_2000
02-10 09:44 PM
I did online MS degree and it took 3 years, although I could have completed it in 2.5 years. First year I completed only 1 course per sem, then I started doing 2 per sem. I took non-thesis option and the total cost was aprx 15K from ISU. Thye charge flat rate fee per subject ( aprx 3 credits) irrespective of residency requirements (you can actually do this course from anywhere in the world and it would cost the same) . This degree requires 30 total credits (one of them must be a project, so technically only 9 subjects/courses to take).
Even I am curious to know if that helps you to file EB2. Please, tell us your experience
Even I am curious to know if that helps you to file EB2. Please, tell us your experience
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somegchuh
11-18 10:32 PM
Just out of curiosity how many of those 60% were citizens? I know a lot of friends who have put in extra 5 years to get the citizenship.
I think aging parents is probably the biggest and valid concern a lot of ppl have.
I think there are plenty of people who always planned to go back .. the GC /USC was just a career advancement tool for these people. In fact, a survey of US returnees to India after 2000 shows that the majority (around 60%) were USCs/ GC holders, which is clearly an indication that the relocation was by choice rather than any immigration issues.
And finally, many of us have family issues like taking care of aged parents which either makes the re-location inevitable or in some cases may coincide with career goals.
I have seen that most ppl who have been here for over 5 years have almost fallen in love with the possibilities. They talk about going back to take advantage of the booming growth but very few actually do go back.
Or maybe some of us came here precisely for the reasons you mention, seeking greener pastures but fell in love with the openness, informality and the possibilities here .
I think aging parents is probably the biggest and valid concern a lot of ppl have.
I think there are plenty of people who always planned to go back .. the GC /USC was just a career advancement tool for these people. In fact, a survey of US returnees to India after 2000 shows that the majority (around 60%) were USCs/ GC holders, which is clearly an indication that the relocation was by choice rather than any immigration issues.
And finally, many of us have family issues like taking care of aged parents which either makes the re-location inevitable or in some cases may coincide with career goals.
I have seen that most ppl who have been here for over 5 years have almost fallen in love with the possibilities. They talk about going back to take advantage of the booming growth but very few actually do go back.
Or maybe some of us came here precisely for the reasons you mention, seeking greener pastures but fell in love with the openness, informality and the possibilities here .
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belmontboy
03-15 09:31 PM
Gurus,
Need your valuable advice on this serious issue. Involved in shoplifting case, got arrested and plead guilty. Served the community service, and paid fine. Got the �Court Disposition Document� which states that I am all clear. My status is I-485 pending and have EAD, AP documents.
1. Is it safe to travel to India and come back on AP?
2. What are the possible chances that visa officer may not let me into the USA?
3. Do I need to carry any letters from my criminal attorney explaining the situation?
4. Any one in similar situation, please update me on this?
5. Please list of documents I need to carry during my travel
Please reply and post your valuable opinions/suggestions/advices.
Appreciate all your inputs.
Have a nice day!!!
Thank you,
Sahaayam.
There are few things you need to findout first:
1.) what section did u get conviction? does this section constitute a CMT in your state?
2.) if its a CMT, then what was the maximum sentence for this crime in your state?
Do research on "inadmissibility" w.r.t CMT's. There are waivers for first time offenders. See if you qualify for any.
Since these vary state to state, I am not sure if any on this forum could help you. Also not to mention, only an expert could give you correct advise on this.
I suggest the best person to get this addressed is criminal immigration attorneys. If you are from state of CA, you could research on Norton Tooby.
Good luck and god bless
Need your valuable advice on this serious issue. Involved in shoplifting case, got arrested and plead guilty. Served the community service, and paid fine. Got the �Court Disposition Document� which states that I am all clear. My status is I-485 pending and have EAD, AP documents.
1. Is it safe to travel to India and come back on AP?
2. What are the possible chances that visa officer may not let me into the USA?
3. Do I need to carry any letters from my criminal attorney explaining the situation?
4. Any one in similar situation, please update me on this?
5. Please list of documents I need to carry during my travel
Please reply and post your valuable opinions/suggestions/advices.
Appreciate all your inputs.
Have a nice day!!!
Thank you,
Sahaayam.
There are few things you need to findout first:
1.) what section did u get conviction? does this section constitute a CMT in your state?
2.) if its a CMT, then what was the maximum sentence for this crime in your state?
Do research on "inadmissibility" w.r.t CMT's. There are waivers for first time offenders. See if you qualify for any.
Since these vary state to state, I am not sure if any on this forum could help you. Also not to mention, only an expert could give you correct advise on this.
I suggest the best person to get this addressed is criminal immigration attorneys. If you are from state of CA, you could research on Norton Tooby.
Good luck and god bless
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hebron
06-30 12:43 PM
Only when the democratic party weakens things can move forward for the skilled (EB- GC ) folks. Democratic party is never for skilled immigratiion, it is all for illegal masses only.
Agree 100%. Atleast when Bush was in office there were bills introduced that encouraged skilled immigration Eg: Those who have been around for a while would remember the Cornyn-Kyl bill from 2005.
Everybody likes to talk about the Clinton era, but don't forget that Republicans had majority then. So we may see good things happen after the November 2010 elections if dems lose majority in both house and senate. And it will be good for Mr.Bamster to govern from the center going forward than to hang out with the far-left, may even fetch him another 4 years.
Agree 100%. Atleast when Bush was in office there were bills introduced that encouraged skilled immigration Eg: Those who have been around for a while would remember the Cornyn-Kyl bill from 2005.
Everybody likes to talk about the Clinton era, but don't forget that Republicans had majority then. So we may see good things happen after the November 2010 elections if dems lose majority in both house and senate. And it will be good for Mr.Bamster to govern from the center going forward than to hang out with the far-left, may even fetch him another 4 years.
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rkg000
09-14 11:53 AM
I don't think linking GC to anything, leave alone buying a house, is such a good idea. I bought my house when only my 140 was approved.
But on the other hand buying a house is a huge responsibility which will, at the very least, take out the flexibility in your movement. Paying rent is not always a waste of money if you look for other means of investment. Hoses are not going to appreciate the way they used to. You'll be lucky if they appreciate by even 1%.
If your eventual plan is live here permanently, then yes go ahead by all means. You won't find better home prices and better loan rates than now.
Pay attention to the expenses you'll incur after buying a home, most importantly
1) Utility Costs (be particularly worried if you live in snow areas).
2) Maintenance (Regular community maintenance and interior maintenance).
3) Property Taxes (if you live in areas like NY, NJ, they'll only go up from already Highs)
4) Child Day care expenses (When you are ready to send your kids to day care, this expense will hurt you the biggest in terms of meeting your mortgage commitments).
But on the other hand buying a house is a huge responsibility which will, at the very least, take out the flexibility in your movement. Paying rent is not always a waste of money if you look for other means of investment. Hoses are not going to appreciate the way they used to. You'll be lucky if they appreciate by even 1%.
If your eventual plan is live here permanently, then yes go ahead by all means. You won't find better home prices and better loan rates than now.
Pay attention to the expenses you'll incur after buying a home, most importantly
1) Utility Costs (be particularly worried if you live in snow areas).
2) Maintenance (Regular community maintenance and interior maintenance).
3) Property Taxes (if you live in areas like NY, NJ, they'll only go up from already Highs)
4) Child Day care expenses (When you are ready to send your kids to day care, this expense will hurt you the biggest in terms of meeting your mortgage commitments).
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desi3933
06-18 11:50 AM
Another important question is: Will USCIS allow AC21 without an approved EAD?
One does NOT need EAD to use AC21. I don't understand the panic.
In fact, one can be working at Employer B and can claim AC-21 for Employer C as a future job.
----------------------------------
Permanent Resident since May 2002
One does NOT need EAD to use AC21. I don't understand the panic.
In fact, one can be working at Employer B and can claim AC-21 for Employer C as a future job.
----------------------------------
Permanent Resident since May 2002
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a.j.2048
02-15 07:39 PM
actually pre 2000 the visa's were available all year long , then there was a crunch due to the y2K and then when the bubble burst it shrank again.
No, it wasn't. The 1999 quota was exhausted in April 1999. Granted this is better than the situation today, but not by much as the quota was larger that year and the economy was smaller.
http://www.murthy.com/arc_news/a_h1quot.html
and again 20% was just taken from a sample space of about 260 or so
They said the results are statistically significant, which means that you can extrapolate to draw conclusions about the entire H1 population.
when USCIS said 20% were fraudulent , they meant complete fraud like , people paid $$ bought in here as programmers and then worked in gas stations , driving cabs etc
Not really. They used one example of someone working in a gas station for shock effect. The main complaint from the anti-immigrant side about the report was not that the 20% rate was understated, but that the rate would have been higher if it had included anyone paying a Level 1 wage as well.
No, it wasn't. The 1999 quota was exhausted in April 1999. Granted this is better than the situation today, but not by much as the quota was larger that year and the economy was smaller.
http://www.murthy.com/arc_news/a_h1quot.html
and again 20% was just taken from a sample space of about 260 or so
They said the results are statistically significant, which means that you can extrapolate to draw conclusions about the entire H1 population.
when USCIS said 20% were fraudulent , they meant complete fraud like , people paid $$ bought in here as programmers and then worked in gas stations , driving cabs etc
Not really. They used one example of someone working in a gas station for shock effect. The main complaint from the anti-immigrant side about the report was not that the 20% rate was understated, but that the rate would have been higher if it had included anyone paying a Level 1 wage as well.
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ASR
05-21 06:01 PM
I agree. My I140 also got approved. See my signature for details.
looks like you just missed in june cutoff dates
looks like you just missed in june cutoff dates
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muthiahmerchant
06-28 09:54 AM
Hi desi3933,
My wife got approval notice from 10/01/2006. Her employer is willing to give paystubs from March 2007. Will this put her back in status so that she can file I-485?
We are planning to resign after she file I-485 at July end and apply for COS with 2 paystubs. Will this cause a problem or is it legal?
Could you please advice?
Thanks
I read from a different post that you can file for AOS if you are out of status for less than 180 days. there is a section 245(k) which allows you to do this. I don't know the accuracy of this info.
this is from murthy.com site
Section 245(k) enables a person who is adjusting status in an employment-based category (whether on the basis of a labor certification or in one of the special Green Card categories that does not require a labor certification or job offer) to adjust, even if s/he has been out of status or worked without authorization for less than 180 days. This provision does not require an immigrant petition or labor certification to have been filed on or before any particular date and there is also no penalty fee involved.
My wife got approval notice from 10/01/2006. Her employer is willing to give paystubs from March 2007. Will this put her back in status so that she can file I-485?
We are planning to resign after she file I-485 at July end and apply for COS with 2 paystubs. Will this cause a problem or is it legal?
Could you please advice?
Thanks
I read from a different post that you can file for AOS if you are out of status for less than 180 days. there is a section 245(k) which allows you to do this. I don't know the accuracy of this info.
this is from murthy.com site
Section 245(k) enables a person who is adjusting status in an employment-based category (whether on the basis of a labor certification or in one of the special Green Card categories that does not require a labor certification or job offer) to adjust, even if s/he has been out of status or worked without authorization for less than 180 days. This provision does not require an immigrant petition or labor certification to have been filed on or before any particular date and there is also no penalty fee involved.
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whiteStallion
09-07 02:23 AM
Thanks Sanju for bringing this up...
From my experience, I have seen the hiring managers being hand-in-glove with the Consulting companies(both desi and non-desi) from which they frequently hire...these consulting companies get the most favored status for every opening that hiring manager publishes... And I'm not talking about some non-descript company...I'm talking about Fortune 100 companies...
@alapkd -> Unfortunately they hardly get caught...
When a Consulting company is being hired to do a job, they take the responsibility of things going wrong...they are also hired for a fairly defined time...These are few reasons why they are paid high...also bigger the company, bigger the overhead costs...you are sponsoring a lot of cost centers dept from what you earn....
Try independent consulting to get a better share of your earning....
From my experience, I have seen the hiring managers being hand-in-glove with the Consulting companies(both desi and non-desi) from which they frequently hire...these consulting companies get the most favored status for every opening that hiring manager publishes... And I'm not talking about some non-descript company...I'm talking about Fortune 100 companies...
@alapkd -> Unfortunately they hardly get caught...
When a Consulting company is being hired to do a job, they take the responsibility of things going wrong...they are also hired for a fairly defined time...These are few reasons why they are paid high...also bigger the company, bigger the overhead costs...you are sponsoring a lot of cost centers dept from what you earn....
Try independent consulting to get a better share of your earning....
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pappu
10-16 10:10 AM
If you marry a girl after geting greencard you have to wait 5 years to bring her to US. So better yet, marry after you get citizenship :D which might be when you are ready to collect your social security
:D
Good to see some light hearted comments to help uplift our moods in the gloomy greencard situation.
:D
Good to see some light hearted comments to help uplift our moods in the gloomy greencard situation.
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deepakmathew
09-08 06:01 AM
voted
javadeveloper
01-15 10:52 AM
http://www.cga.ct.gov/2008/rpt/2008-R-0347.htm
roseball
02-11 05:21 PM
Even if the Labor cert says "Masters" then as long as you had BS + 5 years experience before you filed for labor, to qualify for EB2, this should be ok.
This statement is not true. Minimum job qualifications should clearly mention the degree required or other alternate degree(s) with experience which would suffice. Moreover, it is a standard misconception among the community about Eb-2/Eb-3 categories being determined under Labor Certification stage. USCIS is the one which classifies applications under different categories (EB-1,2,3, etc) based on degree and/or yrs of experience, not DOL.
Labor certification determines the following: Minimum Job requirements (Education + experience required, if any), Job description/duties, Prevailing Wage. When filing I-140, if the job requirements meet a particular category and labor certification has been approved and the candidate meets the job requirements (education/experience as defined in LC), then the company can file in the appropriate EB category. Note that, even though if you have an approved LC that will qualify you for an EB-2 case, you also have an option to file for EB-3 I-140 with that LC instead of EB-2. Some companies deliberately do this to keep the beneficiaries employed with them for a longer duration.
Now coming back to the OPs case, I observe the following from the information posted so far:
- Labor was filed with a minimum requirement as Masters degree. No alternate degree requirement or equivalency was mentioned.
- USCIS mistakenly approved the I-140 (I am assuming OP does not have a US Masters and only has masters equivalent or BS + 5 yrs)
- Sponsoring employer revoked approved I-140
- USCIS checked the I-140 and realized it made a mistake in initial I-140 approval
- USCIS denied the pending I-485 based on incorrect I-140 approval
If all of the above is correct, then I doubt if anything can be done. I dont see any grounds to file MTR based on the fact that beneficiary does not have a US Masters degree which is the requirement as indicated in LC filing. I dont think you can do anything with respect to USCIS's mistake in approving I-140 earlier and now denying it. Got to wait and see what the attorney's view is in this regard.
This statement is not true. Minimum job qualifications should clearly mention the degree required or other alternate degree(s) with experience which would suffice. Moreover, it is a standard misconception among the community about Eb-2/Eb-3 categories being determined under Labor Certification stage. USCIS is the one which classifies applications under different categories (EB-1,2,3, etc) based on degree and/or yrs of experience, not DOL.
Labor certification determines the following: Minimum Job requirements (Education + experience required, if any), Job description/duties, Prevailing Wage. When filing I-140, if the job requirements meet a particular category and labor certification has been approved and the candidate meets the job requirements (education/experience as defined in LC), then the company can file in the appropriate EB category. Note that, even though if you have an approved LC that will qualify you for an EB-2 case, you also have an option to file for EB-3 I-140 with that LC instead of EB-2. Some companies deliberately do this to keep the beneficiaries employed with them for a longer duration.
Now coming back to the OPs case, I observe the following from the information posted so far:
- Labor was filed with a minimum requirement as Masters degree. No alternate degree requirement or equivalency was mentioned.
- USCIS mistakenly approved the I-140 (I am assuming OP does not have a US Masters and only has masters equivalent or BS + 5 yrs)
- Sponsoring employer revoked approved I-140
- USCIS checked the I-140 and realized it made a mistake in initial I-140 approval
- USCIS denied the pending I-485 based on incorrect I-140 approval
If all of the above is correct, then I doubt if anything can be done. I dont see any grounds to file MTR based on the fact that beneficiary does not have a US Masters degree which is the requirement as indicated in LC filing. I dont think you can do anything with respect to USCIS's mistake in approving I-140 earlier and now denying it. Got to wait and see what the attorney's view is in this regard.
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