Wednesday, June 15, 2011

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  • phillyag
    05-30 03:33 PM
    I meant what docs we need to make sure we have from the employer whom we will be quitting.

    Any suggestion on what is the best way to quit the existing employer ? What kind of explanation would let them create least trouble when I exit.




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  • dilbert_cal
    04-27 12:37 PM
    for_gc

    PDs are typically recaptured at I-140 stage. Since your EB2 140 is already approved, you cannot use this process.

    But I believe there is another state at which you can recapture PD. i.e. @485 stage. You would need to talk to your lawyer - or search for it in immigration forums. If say EB2 dates are current for your EB3 PD , you can file 485 and with that application itself submit the EB3 140 approval AND ask for PD transfer. One of our lawyers had once commented you can port PD at either 140 or 485 stage - we never followed up on the 485 part as we all wanted to keep it safe and at 140 stage. Check with your lawyer and you still have a good chance.




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  • mbartosik
    03-24 01:58 PM
    http://wamu.org/programs/kn/08/03/24.php#20155

    Our segment is available without fast forward
    If the Windows Media does not load try with Real Player that normally works better for me.




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  • waitnwatch
    05-30 01:42 PM
    Ideally all H1B people who are interested in immigrating will apply for GC around the 2nd or 3rd year of H1B.

    If you are in EB2/EB3 you will and apply for Labor and/or I140 during the 3rd year, by the time you reach the 6th year you will be surely be able to apply for extension as by then you will be eligible even if your I140 is not approved as it will cross 365 days in pending state by then. If its approved then all the more you are safe.

    The problem comes only for those who delay their GC process till the end of the H1B visas 5th or 6th year and those who are stuck in BEC.

    Otherwise having this rule actually wont affect many people in future. So I would not worry about this rule.

    Please see my previous post. I am talking about the new system which does not have the EB1/2/3 classification. Please do not confuse it with the existing system. Also under the new system you have 6 points for employer recommendation and 10 points for experience. So 1st year employees may not get either an employer recommendation or any points for work experience.



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  • SU1979
    10-09 01:05 PM
    Dude!! Don't even think of applying for AOS now. The dates are not current and you have some issues with your H1-B. Please consult an Attorney immediately!!!!......


    I am from a non-retrogressed country. For me the priority date is always current...both in October and November visa buletin. I understand, there are some issues. Do you know, what can happen at worst case ?



    Thanks




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  • ArunAntonio
    08-31 12:33 AM
    And I can get your country registered.
    The registration comes with
    - A free template to help you draft a constition
    - Free template designs for the flag of the nation
    - A dummies guide on how to make your country the most powerful nation.
    - A dummies guide on fool proof immigration laws to your country
    - A free guide on the mistakes of the empires of the past.

    To avail the above you will have to send a cashiers cheque in $$ (Your countries currency is not accepted .. yet)

    -- All monies from this transaction will go towards sponsoring IV members for the Rally.
    -- Vote here --> http://immigrationvoice.org/forum/showthread.php?t=12441



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  • Krilnon
    03-04 07:28 PM
    It hasn't even been 23 hours yet, calm down! :P




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  • corleone
    03-19 11:19 AM
    On the Senators,
    We tried them twice - they are useless.



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  • breddy2000
    04-04 03:31 PM
    Nothing to get excited about. As far as I know, USCIS definition of backlog does not include cases waiting for visa number availability...But surely, this will be a great relief for people whose dates have been current for a long time but for some reason USCIS has put their cases under admin processing...

    Typically, USCIS adjudicates applications on a first in first out basis, however, as explained above, since USCIS cannot approve an adjustment application and grant permanent residence until an individual visa number is available, the first in first out principle does not apply to these “visa regressed” cases. USCIS is processing adjustment applications based on projections of when a visa number will become available.

    Maybe the recent RFEs and pre-adjudication cases have something to do with the remaining visa numbers of 55,000. So USICS is gearing to clear these numbers within next 4-5 months.




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  • chrisj
    01-18 02:09 PM
    All the written agreements are valid in most of the states. but you can argue on the terms of agreement. He cannot ask her to stay in the company for 4 years. If she works in that company for 1 year, her employer should recover all the money he spent on her.
    The best way is to work there for 1 or 2 years and walk out without paying anything. Or just pay the filing fee and get out right away.



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  • vkrishn
    10-13 10:02 PM
    I went in shorts/t-shirt for my H-1 renewal in chennai this jan 08. They don't really care...

    I/O asked me what do i do in my company... Gave her the response.

    she said "sounds interesting and fun".. thats it... Hardly 2 mins. For most of the guys who live in the u.s and going to india for a vacation you should be if you dress decent...

    Don't worry...

    Just answer the question I/O ask you...

    There were lots folks from Infosys, TCS with full tie and formals and sweating.




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  • bazuka6
    09-01 11:41 AM
    I-140 and I-485 are always for future employment. Current employment only assures that employer has future permanent employment on your GC approval (employment on H1 is supposed to be temporary). There is nothing to stop you from working anywhere (or not working at all) until you get GC, at which time sponsoring employer is obligated to give you a job (for which he got LC and I-140 approved), and you are obligated to work for him. If AOS is not approved within 180 days, AC21 can be applied leaving no obligation to work for sponsoring employer.

    BTW, I-140 is an employer filing. They are expected to pay for it. Since July 07 it is illegal for employers to ask employees to pay immigration related fees (or ask to fill a bond to work for certain period).

    You may not use AC-21 AOS portability for future employment green cards. This is because the start date of employment on your AC-21 letter(from I assume your current employer) should be 180 days after filing of your future employment 485. Since you have been working for your current employer prior to that - USCIS will deny your 485



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  • sledge_hammer
    04-08 07:26 PM
    Your join date is March 2009. We know you are not a donor. We know you have not participated in any IV campaigns. But you want IV to be answerable to you.

    Please tell us why!

    Please feel free to delete my id.

    I am done here. Wish good luck to everybody. Hope everyone gets GC soon.




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  • BharatPremi
    03-17 10:26 AM
    Substitute labors for EB2 should not IMPACT the delay more than 3 to 6 months. The reason is total EB2 labor india cases approved with PD in 2004 itself is 3500(Straight out of DOL database, published on this forum last year). Some of these cases may have been substituted, worst case, lets say 100% of them applied to I-485. Now the number is 3 times that of 3500. that is 10500(including spouse and 1 child on average).

    Another thing you need to consider is If anycase had a PD before sept 2004 and was filed for I-485 before July 2007. That must have got the approval unless there was a namecheck delay.

    That should reduce the number to half., 5500(including dependent cases). This is my educated guess, Please dont pick on me. It wont help anybody.

    Below are 3 categories left in 2004 as per my analysis....

    1) the applications filed in or after july 2007 OR
    2) applications had a PD after sept 2004
    3) Namecheck delayed cases.


    Your flow of logic is correct but you ar ebuilding this palace on soft land...:). Your "numbers" base is way way small... There are thousands of EB2 switch over occured and there are thousands and thousands of applications are waiting in EB2. If you add up thosands and thousands then you can reach million speedly.. right? Only July 2007 filing was around 500000. You just apply crude maths: 500000/3 (Categories) = So EB2 numbers are = 1,66,667.
    Now divide 1,66,667/5 ( IN,CHina,MX, Philipines,ROW, assuming equal number of each country category applied during july though in reality max. applicants should have been from China and India) = 33333. That is just for July 2007. Now to scare you more let me tell you that there was number around during July 2007 in all immigration boards that around 500000 applications are stuck in the process including Name Check (No claim on accuracy of that number but pretty much bignames were talking about that number so generally you would trust that number.) So now start applying your logic andyou would realize the seriousness of the problem.



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  • ragz4u
    04-13 09:58 AM
    So total is 90 days after Prez signs (normal for every bill) + 90 days (sessions amendment) = 6 months




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  • enggr
    11-21 01:47 PM
    enggr: You have completed the course in 2000 (per course completion certificate), but your degree was awarded in 2002 after you completed a supplemental exam. Since the position requires a candidate who qualifies for EB2, USCIS will deny your 140 petition. IMHO, you will have to start your green card journey from scratch.

    Hi Wandmaker,
    thank you for paying attention to my thread. Did you mean the position requires a EB2 candidate because of the 5 years of required exp?
    I do have 5 years of exp, but its not progressive to graduation due to the 2000, 2002 issue. Also on the labor certification the employer has mentioned that he is ready to accept any alternative combination of experience/skills. Will this help? Please advice



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  • glosrfc
    11-24 04:37 PM
    Good luck guys. :fab:


    Thanks...looks like I need it too! Now I've just got to figure out how I can split my solitary vote between my two entries :look:




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  • JulyFiler
    10-08 06:15 PM
    FWIK, EAD is just a work permit. It does not give you any status. So you have your H4 to keep your status and EAD to work.




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  • Libra
    10-24 10:08 AM
    yeah it took almost a year to send an RFE that too after repeated calls to CIS.

    Libra,

    Congrats!!! Did it take an year for the RFE itself???

    Romesh and naresh,

    Any updates?

    thanks,
    Sampath




    snathan
    03-28 04:22 PM
    As per my tax preparer's advice, I sent both the tax return and W-7 form to IRS ITIN Operation office in Austin, Texas. Is this the correct address?

    yes...




    ushkand
    07-20 10:44 AM
    I sent in form G-325 for both me and my wife along with my I-485 instead of the G-325A as required on I-485 instructions by oversight. What do you guys recommend I do? Should I send in a new application or just send in the G-325A form with a letter stating the issue? Please help.



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