radhagd
03-09 04:21 PM
Your EB3 application is still safe. You can use your current EAD.
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abhijitp
07-08 01:53 PM
07/08/2007: Massive Flower Send-In Campaign by Indian Community in Spirit of Mahatma Gandhi's Nonviolent Protest Against the Injustice Involving Visa Bulletin Fiasco
The East Indian community has been engaging in an interesting campaign sending a massive bouque of flowers with a message of protest to the leaders of the USCIS and the State Deparment, including Mr. Emilio Gonzalez, Director of USCIS and Dr. Rice, Secretary of Department of State relating to the ongoing Visa Bulletin commotion. Indians are the primary sources of foreign high-tech workers and the country's much needed sources of brains for the businesses and the employers, and it turns out that the current Visa Bulletin fiasco has hit most them and their U.S. employers. Considering the fact that the Congress sidelined foreign legal workers and brains as a backburner issue in the ill-fated CIR, the current Visa Bulletin fiasco appears to add the heat of outrage to the Congress' unfair and unjust treatment of the legal immigrants by leaders in this country. OUCH!
Thanks a lot for posting!
Please post the URL, always, if I may add.
The East Indian community has been engaging in an interesting campaign sending a massive bouque of flowers with a message of protest to the leaders of the USCIS and the State Deparment, including Mr. Emilio Gonzalez, Director of USCIS and Dr. Rice, Secretary of Department of State relating to the ongoing Visa Bulletin commotion. Indians are the primary sources of foreign high-tech workers and the country's much needed sources of brains for the businesses and the employers, and it turns out that the current Visa Bulletin fiasco has hit most them and their U.S. employers. Considering the fact that the Congress sidelined foreign legal workers and brains as a backburner issue in the ill-fated CIR, the current Visa Bulletin fiasco appears to add the heat of outrage to the Congress' unfair and unjust treatment of the legal immigrants by leaders in this country. OUCH!
Thanks a lot for posting!
Please post the URL, always, if I may add.
samsu
03-22 08:31 AM
Hi,
My Situation is very similar to above mentioned and I would appreciate if someone can give comments.
My I-485 was filed during July'07 and I-140 was approved during the same time but I was on H1 until Feb'10 working for employer directly and lost my job. I have found new job now starting March 15 but I am not going to transfer H1 and started working on EAD. I am not sure about filling AC21 as it might create unnecessary confusion and I don't want to miss out in case my date become current (Nov'06) due to spill over.
Now, I have to travel internationally for work and will be using first time my AP but not sure how to answer question on my employer without filling AC21.
I can bring AC21 memo and show them paycheck from last employer and new employer (with little more than one month gap in between) but not sure if that is enough. Let me know your suggestion.
Also, my old employer will most likely not revoke 140.
Thanks,
Sam
My Situation is very similar to above mentioned and I would appreciate if someone can give comments.
My I-485 was filed during July'07 and I-140 was approved during the same time but I was on H1 until Feb'10 working for employer directly and lost my job. I have found new job now starting March 15 but I am not going to transfer H1 and started working on EAD. I am not sure about filling AC21 as it might create unnecessary confusion and I don't want to miss out in case my date become current (Nov'06) due to spill over.
Now, I have to travel internationally for work and will be using first time my AP but not sure how to answer question on my employer without filling AC21.
I can bring AC21 memo and show them paycheck from last employer and new employer (with little more than one month gap in between) but not sure if that is enough. Let me know your suggestion.
Also, my old employer will most likely not revoke 140.
Thanks,
Sam
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alterego
04-12 08:39 PM
Thanks all. I called my lawyer, and she mentioned that there have been specific cases of the Neb Service Center rejecting I485 applications for internists while they are doing fellowships. I guess my plan would be to find a 'full time' position working a couple of nights a week in the same city where I am working as a fellow, and use that as proof of ongoing full time internist work.
I am not sure if they need just a letter, or a w2s also. I guess 'full time' is a very arbitrary word, and can be applied to more than 28-32 hrs a week, which is very easily doable.
Full time would be the standard definition of 40 hrs per week. It is clearly defined in the J1 waiver regulations for physicians and will likely be extended to the labor based applications as well since adjudicators are very familiar with the J1 waiver and NIW physician cases. Ultimately you have to decide whether the risk is worth it. W-2s as well as paystubs, as well as employers letters attesting to the scope of, and the full time nature of the work are often requested.
I am not sure if they need just a letter, or a w2s also. I guess 'full time' is a very arbitrary word, and can be applied to more than 28-32 hrs a week, which is very easily doable.
Full time would be the standard definition of 40 hrs per week. It is clearly defined in the J1 waiver regulations for physicians and will likely be extended to the labor based applications as well since adjudicators are very familiar with the J1 waiver and NIW physician cases. Ultimately you have to decide whether the risk is worth it. W-2s as well as paystubs, as well as employers letters attesting to the scope of, and the full time nature of the work are often requested.
more...
jonty_11
01-15 02:25 PM
els.edu guys are very slow is responding....
Anyone appeared for IELTS test from els.edu location apart from those mentioned on this link for USA.
http://www.ielts.org/searchresults/default.aspx?TestCentreSearchSubRegion=4a489b2a-083a-45de-a65e-6514bc133cb4
Anyone appeared for IELTS test from els.edu location apart from those mentioned on this link for USA.
http://www.ielts.org/searchresults/default.aspx?TestCentreSearchSubRegion=4a489b2a-083a-45de-a65e-6514bc133cb4
puskeygadha
12-02 07:32 AM
but employer keeps the LC and I-140. If I move to new employer
what is the proof that my I-140 was approved.
Thanks
what is the proof that my I-140 was approved.
Thanks
more...
aph0025
11-12 10:36 AM
Thanks a ton, edaltsis. Do you happen to know any good lawyer in and around Dallas? Or anywhere for that mater, who can handle this issue with ease? I did speak to a couple of them here, but I did not get a good feeling about my case from them.
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desi3933
07-19 11:35 AM
Hello IV Members,
I have a question about my Wife status(H4) here in United States, My I-485 (EB3/PD DEC 2003) got approved on July 16'th and my lawyer says they have applied my wife I-485 application on July 17'th after USCIS released rescinded July 2'nd bulletin.
My I-485 was applied before our marriage,Can anybody please share some thoughts on my wife status(H4) at present??.
Any help on getting more information will be greatly appreciated..My lawyer says she should be fine.please share your experiences.
Thanks.
You are ok.
Your wife had 180 days to file her I-485 after your approval. And that has been already filed. So no need to worry.
And, Congratulations for your I-485 approval. Welcome to the GC club.
______________________
Not a legal advice.
I have a question about my Wife status(H4) here in United States, My I-485 (EB3/PD DEC 2003) got approved on July 16'th and my lawyer says they have applied my wife I-485 application on July 17'th after USCIS released rescinded July 2'nd bulletin.
My I-485 was applied before our marriage,Can anybody please share some thoughts on my wife status(H4) at present??.
Any help on getting more information will be greatly appreciated..My lawyer says she should be fine.please share your experiences.
Thanks.
You are ok.
Your wife had 180 days to file her I-485 after your approval. And that has been already filed. So no need to worry.
And, Congratulations for your I-485 approval. Welcome to the GC club.
______________________
Not a legal advice.
more...
logiclife
02-16 01:02 PM
There is a 7% limit per country. This 7% is applicable when all countries have large number of applicants. I case of several countries not filling their own 7% limit, those numbers have gone to India and China whose demand far outstrips 7% of 140,000 EB visas.
In 2004 and 2005, India and China already got way more than 7% since there wasnt much demand from other countries.
I think India got 42,000 EB visas out of 140,000, the visas that overflowed from those countries whose demand was negligible. Do you want this to be in IV goals still and draw attention to yourself especially since India got almost 30% of EB visas? Coz if you do so, someone will say : What are you talking about...what 7%? Indian employees consumed 30% of EB visa numbers in previous years.
Per country quota limit, if eliminated will not have any benefit but will draw attention to India and China already claiming way more than 7% of 140,000 visas. Its a counterproductive strategy.
The quota itself is a problem. The per country limit within the quota is NOT a problem.
--logiclife.
In 2004 and 2005, India and China already got way more than 7% since there wasnt much demand from other countries.
I think India got 42,000 EB visas out of 140,000, the visas that overflowed from those countries whose demand was negligible. Do you want this to be in IV goals still and draw attention to yourself especially since India got almost 30% of EB visas? Coz if you do so, someone will say : What are you talking about...what 7%? Indian employees consumed 30% of EB visa numbers in previous years.
Per country quota limit, if eliminated will not have any benefit but will draw attention to India and China already claiming way more than 7% of 140,000 visas. Its a counterproductive strategy.
The quota itself is a problem. The per country limit within the quota is NOT a problem.
--logiclife.
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paskal
08-22 03:04 PM
" Rally in each state" is a fantastic idea. Lets do it.
But lets concentrate on one location in Texas and for that matter in
every state to pack more punch.
I think everyone can drive to one common location in texas.
Since Austin is capital, i propose rally in Austin for Texas.
Let do it.
but has the unfortunate effect of diluting DC rally attendance and attention. plenty of fence sitters will not bother to travel. also the effect of a large DC rally is far far more significant that multiple small rallies. your good intentions are much appreciated...but please help with the main rally...we need a massive one!
But lets concentrate on one location in Texas and for that matter in
every state to pack more punch.
I think everyone can drive to one common location in texas.
Since Austin is capital, i propose rally in Austin for Texas.
Let do it.
but has the unfortunate effect of diluting DC rally attendance and attention. plenty of fence sitters will not bother to travel. also the effect of a large DC rally is far far more significant that multiple small rallies. your good intentions are much appreciated...but please help with the main rally...we need a massive one!
more...
eb3India
09-25 04:40 PM
it's creative idea thou ;), and there is no harm in trying
on the same note, I am planning to buy humve if I get a GC and get that hike I am hoping for, may be I should write to GM to do someting about my Green card, no I am not kidding, I really love that car,
on the same note, I am planning to buy humve if I get a GC and get that hike I am hoping for, may be I should write to GM to do someting about my Green card, no I am not kidding, I really love that car,
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zCool
04-03 03:35 PM
See below for answers:
Hi there,
this is going to be a bit complicated but I'd appreciate any thoughts (or even just the advice to go get a/which lawyer for this one)....
Anyway, I am on an H1B right now but am going to switch jobs. My understanding is that once the new petition is filed I can start working for the second employer. I also would like to travel home during this time... So, here are my questions:
- Can you work for 2 employers at the same time while making the switch?
-- Simple words. NO. If you want to be on the payroll of 2 full-time employers at the same time, unless otherwise it is mentioned so in LCA it's illegal.
That does not stop you from holding approved H1b Petitions from 2 (or for that matter more than 2) employers at the same time. But you can only work for 1 employer.
- How long does it take to file a petition (can i/my new employer do that myself)? If no, any advice on which lawyer to pick??? Anybody heard of Visa PRO?
-- It should take less than 3 days. If an attorney has previously worked with your employer and has their records on the file etc. then maybe less. A lot of h1b and LCA application documentation involves writing big statements and letters related to employer's business, their need for your speciality skills etc. First time applications for any new employer-attorney pair will take couple of days to prepare these docs.
Good part is you can apply and get receipt in couple of weeks (Earlier if you apply in Premium) and then you are allowed to work for new employer.
- Is traveling to my home country OK while filing the petition or is it better to wait until I come back?
-- It it better to wait. Coz any travel outside can get you stranded if something goes wrong. but if you MUST travel then postpone change of employer till you come back. Meaning you can apply for h1 from new employer but do not join them, Continue working for your current employer. Go visit india, come back , join your current employer and then after 1 paycheck at least give notice and work for new employer. Hopefulyl by then your transfer would have come thro' there by reducing your risk of joining them before h1 approval and then RFE or denial creating issues for you.
Thanks a lot!
BTW, as queries go.. this one wasn't complicated :) Relax!
Hi there,
this is going to be a bit complicated but I'd appreciate any thoughts (or even just the advice to go get a/which lawyer for this one)....
Anyway, I am on an H1B right now but am going to switch jobs. My understanding is that once the new petition is filed I can start working for the second employer. I also would like to travel home during this time... So, here are my questions:
- Can you work for 2 employers at the same time while making the switch?
-- Simple words. NO. If you want to be on the payroll of 2 full-time employers at the same time, unless otherwise it is mentioned so in LCA it's illegal.
That does not stop you from holding approved H1b Petitions from 2 (or for that matter more than 2) employers at the same time. But you can only work for 1 employer.
- How long does it take to file a petition (can i/my new employer do that myself)? If no, any advice on which lawyer to pick??? Anybody heard of Visa PRO?
-- It should take less than 3 days. If an attorney has previously worked with your employer and has their records on the file etc. then maybe less. A lot of h1b and LCA application documentation involves writing big statements and letters related to employer's business, their need for your speciality skills etc. First time applications for any new employer-attorney pair will take couple of days to prepare these docs.
Good part is you can apply and get receipt in couple of weeks (Earlier if you apply in Premium) and then you are allowed to work for new employer.
- Is traveling to my home country OK while filing the petition or is it better to wait until I come back?
-- It it better to wait. Coz any travel outside can get you stranded if something goes wrong. but if you MUST travel then postpone change of employer till you come back. Meaning you can apply for h1 from new employer but do not join them, Continue working for your current employer. Go visit india, come back , join your current employer and then after 1 paycheck at least give notice and work for new employer. Hopefulyl by then your transfer would have come thro' there by reducing your risk of joining them before h1 approval and then RFE or denial creating issues for you.
Thanks a lot!
BTW, as queries go.. this one wasn't complicated :) Relax!
more...
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thepaew
02-07 11:43 AM
I am not in the IT field - and my data set is limited.
But based on conversations with some friends from my BTech batch, the range seems to be 22 Lakhs to 40 Lakhs per year. I went India to look in to salary costs on behalf of a VC firm last year and found most good programmers would cost more than Rs. 2Lakh per month. The survey was done in Bangalore.
Of course, these were individuals who could hit the ground running.
Hello Friends,
Just curious to know your opinion / experience regarding the current job opportunities in India (near DELHI / NCR) for a IT guys? What realistic salary/benefits should someone expect with graduate degree (masters) from US and 8 years of working experience as Programmer Analyst/ Developer / Sr Developer in desi/vedesi mid-sized consulting companies in US. I have no clue, no rough idea, so I thought may be I should ask you guys.
Regards,
But based on conversations with some friends from my BTech batch, the range seems to be 22 Lakhs to 40 Lakhs per year. I went India to look in to salary costs on behalf of a VC firm last year and found most good programmers would cost more than Rs. 2Lakh per month. The survey was done in Bangalore.
Of course, these were individuals who could hit the ground running.
Hello Friends,
Just curious to know your opinion / experience regarding the current job opportunities in India (near DELHI / NCR) for a IT guys? What realistic salary/benefits should someone expect with graduate degree (masters) from US and 8 years of working experience as Programmer Analyst/ Developer / Sr Developer in desi/vedesi mid-sized consulting companies in US. I have no clue, no rough idea, so I thought may be I should ask you guys.
Regards,
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zCool
07-16 07:21 PM
I think IV did great today. BUT
lets not act as children and pick fights with AILA. Please remember, due to their vested interest, there is NO ONE else who is more PRO-immigrant than AILA.. not even tech-employers..
So if they are saying situation might be fluid and if they are saying not to spread rumours.. then so BE it..
I hope I am wrong but seems like tiny access and frustration is causing few IV core members BIG heads ..
This is time to be calm, AND YES DISCREET!!!!
Before people start dumping on me.. please note.. we are among friends here and one of the ways to keep in check these things is to call upon friends when you feel they made a mistake.. and I FEEL IV made a mistake.. NOT in disclosing the knowledge but making an issue out of AILA warning and picking fights with them..! So lets take that out.. we know you stand by.. why keep it..?
lets not act as children and pick fights with AILA. Please remember, due to their vested interest, there is NO ONE else who is more PRO-immigrant than AILA.. not even tech-employers..
So if they are saying situation might be fluid and if they are saying not to spread rumours.. then so BE it..
I hope I am wrong but seems like tiny access and frustration is causing few IV core members BIG heads ..
This is time to be calm, AND YES DISCREET!!!!
Before people start dumping on me.. please note.. we are among friends here and one of the ways to keep in check these things is to call upon friends when you feel they made a mistake.. and I FEEL IV made a mistake.. NOT in disclosing the knowledge but making an issue out of AILA warning and picking fights with them..! So lets take that out.. we know you stand by.. why keep it..?
more...
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Bpositive
01-05 10:20 PM
Thanks. We are answering the 221g questions. Not clear about the format of the "invitation letter" from the sponsor/employer. Should this be in txt format and in the same document as the answers to the other questions? Or can this be a separate scanned pdf...
Anyone?
This thing is driving me crazy...
Do we need to send an invitation letter in a .txt format? How do I send an invitation letter with letterhead and signature in a .txt format?
Anyone?
This thing is driving me crazy...
Do we need to send an invitation letter in a .txt format? How do I send an invitation letter with letterhead and signature in a .txt format?
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Desertfox
04-06 04:39 AM
I found this in another website:
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=685c8d8b3b760210VgnVCM1000004718190aRCR D&vgnextchannel=4f719c7755cb9010VgnVCM10000045f3d6a1 RCRD
"Since the beginning of this fiscal year (October 2008), USCIS has adjudicated over 75,000 employer petitions, reducing the pending caseload of petitions to under 55,000.USCIS� goal is to have adjudicated all the older employer petitions, and to be processing newer petitions within 4 months, by the end of September 2009"
Good find! I have never seen such a thorough explanation about the EB process backlog/delay from USCIS. Something has definitely changed after our ex governor Janet Napolitano became the DHS secretary.
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=685c8d8b3b760210VgnVCM1000004718190aRCR D&vgnextchannel=4f719c7755cb9010VgnVCM10000045f3d6a1 RCRD
"Since the beginning of this fiscal year (October 2008), USCIS has adjudicated over 75,000 employer petitions, reducing the pending caseload of petitions to under 55,000.USCIS� goal is to have adjudicated all the older employer petitions, and to be processing newer petitions within 4 months, by the end of September 2009"
Good find! I have never seen such a thorough explanation about the EB process backlog/delay from USCIS. Something has definitely changed after our ex governor Janet Napolitano became the DHS secretary.
more...
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nlssubbu
10-02 11:38 AM
Thanks for the response and I have recd the same kind of response from my lawyer too. What I find confusing is everyone cautions me saying "As a backup, maintain your H1." Is there a real need to maintain a backup? Meaning if I need to maintain my H1 why should I apply for EAD for myself? Or is it so that I can continue on H1 right now with my same company and If I get laid off I can use EAD to get another job (not everyone hires H1-Bs) and in later case my daughter will be covered because our AOS is pending? In that case if I leave the country I can reenter using our receipts and APs, is that right?
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 :) )
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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vparam
05-23 01:49 AM
Mchundi,
I understand your anxiety. To answer your questions:
There is no chance of having any single set of provisions "become law immediately."
Unfortunately, we have to let this current round of discussions on CIR play out. What should we root for? That amendments to the current CIR that basically gut the bill fail. If the bill survives these amendments then we stand a good chance of succeeding in our efforts.
For strategic reasons, we cannot disclose everything we know about behind the scenes agreements.
Hang in there!
best,
Berkeleybee
- Why is it not possible for IV to convince brownback or cronyn to support in a amedment that backlog reduction section for legal immigrants could take effect immdiately. it looks like for legal immigrants except for sen.session no one opposes any provision.
Thanks
vikram
I understand your anxiety. To answer your questions:
There is no chance of having any single set of provisions "become law immediately."
Unfortunately, we have to let this current round of discussions on CIR play out. What should we root for? That amendments to the current CIR that basically gut the bill fail. If the bill survives these amendments then we stand a good chance of succeeding in our efforts.
For strategic reasons, we cannot disclose everything we know about behind the scenes agreements.
Hang in there!
best,
Berkeleybee
- Why is it not possible for IV to convince brownback or cronyn to support in a amedment that backlog reduction section for legal immigrants could take effect immdiately. it looks like for legal immigrants except for sen.session no one opposes any provision.
Thanks
vikram
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sree_99
02-03 11:54 AM
Thanks Everyone, Your comments are really helpful. I was able get hold of my attorney and he mentioned the same thing as most of you replied. She should come back on AP.
Thanks
Thanks
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.
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.
mmrao2007
07-30 03:14 PM
I did not understand your answer.
How come your 4 year old son apply in EB2 category and sponsor the parents. I know the application is for future employment. But this one is stretching too far? :)
With the way things are going we never know :)
How come your 4 year old son apply in EB2 category and sponsor the parents. I know the application is for future employment. But this one is stretching too far? :)
With the way things are going we never know :)
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