jasguild
07-17 11:02 AM
6 years for everyone? is everyone's PD 2007? Are they going to issue GC only after 6 years? use a little common sense and you will find that GCs are given based on PD, Older the PD sooner you will get GC. for example a person with PD 2003 will get GC within 6 months.
I am not sure of this but from studying data, I get the impression that the GC are given out on a FIFO system based on when USCIS receives your I-485 (assuming it clears NC) and NOT PD date
jasquil
I am not sure of this but from studying data, I get the impression that the GC are given out on a FIFO system based on when USCIS receives your I-485 (assuming it clears NC) and NOT PD date
jasquil
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santb1975
01-22 03:40 PM
Now I am going to take up the task of calling people I know to send letters and organize a letter campaign in So.Cal. I will talk to my employer as well
heywhat
05-30 02:04 AM
Done
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spindoctor
07-19 07:42 PM
this is a good response, seconding it.
Yes, and unfortunately meaningless for me, because my current company won't do an H1 for me. When I joined this new company on EAD, they clearly told me that maintaining valid immigration status is my headache. They won't file any applications to US govt for me. It was made absolutely clear to me. :-(
To OP: Even if you moved to EAD you can come back to H1. If dates had not moved so much to make your PD current, what was your plan for your wife?
B1 visa of course. :-) . Hey, as I said, I did not think about intent issues at that time. Hindsight is always 20-20. But the deed is done. I never look back. In my dictionary, there is no such word as "should have". I either do something or don't do something. Only losers think they "should have" done something.
B1/F1 is not a good idea (immigration intent is obvious, and it will catch up with you at some point most probably during 485 processing and could result in a rejection). It looks like H1-H4 is the best option if you two lovebirds want to be together.
Yes, it does seem so. But I hate to jump to a third company just to get an H1. Let me see if what are my options now.
If you do get approved early, then as someone else has said, use follow-to-join to bring her back here.
Also, using cruel in the thread title is uncalled for.
Hey guys, just go easy on that. As I already mentioned, it was a weak attempt at humor which went over the head of most people. In any case, this looks like another of my deed which is done and refuses to be undone now. I tried to change the title of the thread but could not do so.
The root cause of most of your problems here seems to be the decision to invoke AC-21 using EAD instead of using H1. If you dont mind sharing: why did you jump to EAD knowing that it would mean your wife would be out of status and would have to return to India?
Too many issues at that time. Old h1 was anyway expiring soon. Desi bodyshoper employer was going nuts sqeezing me dry. He was demanding money for everything from H1 extension to giving out compnay letters for GC related issues and thousands of such reasons. But as I already said.. it's done..it's done...
Yes, and unfortunately meaningless for me, because my current company won't do an H1 for me. When I joined this new company on EAD, they clearly told me that maintaining valid immigration status is my headache. They won't file any applications to US govt for me. It was made absolutely clear to me. :-(
To OP: Even if you moved to EAD you can come back to H1. If dates had not moved so much to make your PD current, what was your plan for your wife?
B1 visa of course. :-) . Hey, as I said, I did not think about intent issues at that time. Hindsight is always 20-20. But the deed is done. I never look back. In my dictionary, there is no such word as "should have". I either do something or don't do something. Only losers think they "should have" done something.
B1/F1 is not a good idea (immigration intent is obvious, and it will catch up with you at some point most probably during 485 processing and could result in a rejection). It looks like H1-H4 is the best option if you two lovebirds want to be together.
Yes, it does seem so. But I hate to jump to a third company just to get an H1. Let me see if what are my options now.
If you do get approved early, then as someone else has said, use follow-to-join to bring her back here.
Also, using cruel in the thread title is uncalled for.
Hey guys, just go easy on that. As I already mentioned, it was a weak attempt at humor which went over the head of most people. In any case, this looks like another of my deed which is done and refuses to be undone now. I tried to change the title of the thread but could not do so.
The root cause of most of your problems here seems to be the decision to invoke AC-21 using EAD instead of using H1. If you dont mind sharing: why did you jump to EAD knowing that it would mean your wife would be out of status and would have to return to India?
Too many issues at that time. Old h1 was anyway expiring soon. Desi bodyshoper employer was going nuts sqeezing me dry. He was demanding money for everything from H1 extension to giving out compnay letters for GC related issues and thousands of such reasons. But as I already said.. it's done..it's done...
more...
milind70
06-19 02:38 PM
Were u in EB2 or EB3 catergory???
gjoe
11-09 02:09 PM
Maybe USCIS thinks that our cases mayn't become approvable within the next 15 months. This is just my theory, because I see lot of people have got FP but with early PD's
more...
nrk
10-29 09:46 AM
Hi,
I followed up two more cases with the same status as mine,
All the 3 SR's opened in TSC on 10/14/2009 or 10/15/2009 and answered by the same representative.
Today one of them took an info pass and talked to IO. they said the information could be wrong as they don't see any status like that. and one more thing their case is pre approved.
I followed up two more cases with the same status as mine,
All the 3 SR's opened in TSC on 10/14/2009 or 10/15/2009 and answered by the same representative.
Today one of them took an info pass and talked to IO. they said the information could be wrong as they don't see any status like that. and one more thing their case is pre approved.
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h1b_slave
09-14 05:24 PM
Without GC, they were working for the same client with even more pay and life was good if not better.
.
i don't think settling for a lesser salary after getting GC is a wise thing to do & i hope you as well as most of the people here would not like to do that unless a person has outdated skills & does not want to upgrade or wants to accept whatever he gets without any efforts.
.
i don't think settling for a lesser salary after getting GC is a wise thing to do & i hope you as well as most of the people here would not like to do that unless a person has outdated skills & does not want to upgrade or wants to accept whatever he gets without any efforts.
more...
lca2004
04-02 05:10 PM
sent both
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stemcell
01-10 11:04 AM
Shamu
Hospitals will NOT provide medical insurance. They can provide financial assistance based on your income if you do qualify. Usually it is a payment plan after some discounts on the total cost of the care provided.
Secondly if you are looking for maternity coverage after getting pregnant the premiums are going to be high, and mostly the insurance companies deny coverage.
Thirdly i would check with your local medicaid office which on occasion do provide emergency maternity coverage even for legal immigrants in some states.
Hospitals will NOT provide medical insurance. They can provide financial assistance based on your income if you do qualify. Usually it is a payment plan after some discounts on the total cost of the care provided.
Secondly if you are looking for maternity coverage after getting pregnant the premiums are going to be high, and mostly the insurance companies deny coverage.
Thirdly i would check with your local medicaid office which on occasion do provide emergency maternity coverage even for legal immigrants in some states.
more...
gsc999
08-31 02:45 PM
Wear the Gear:
California, thanks for showing your support! If you are on the fence and still deciding to attend the rally or not. Do what the sheep did, jump the fence and put the issue to rest or sleep :)
I ordered my IV T-shirt, it looks cool, with California printed on the back. It takes a couple of days in the mail so order now. I am excited about the event, it would be fun.
Flaunt that Flag:
We are ordering American flags and California state flag for the rally.
Who wants to carry the California state flag at the rally:)? This is an honor so who ever volunteer's first gets to hold it and probably get on TV. You will represent the Silicon valley.
Guys in Nor. Cal. Can you help me carry some stuff to DC? I have some T-shirts I need to get to DC.
California, thanks for showing your support! If you are on the fence and still deciding to attend the rally or not. Do what the sheep did, jump the fence and put the issue to rest or sleep :)
I ordered my IV T-shirt, it looks cool, with California printed on the back. It takes a couple of days in the mail so order now. I am excited about the event, it would be fun.
Flaunt that Flag:
We are ordering American flags and California state flag for the rally.
Who wants to carry the California state flag at the rally:)? This is an honor so who ever volunteer's first gets to hold it and probably get on TV. You will represent the Silicon valley.
Guys in Nor. Cal. Can you help me carry some stuff to DC? I have some T-shirts I need to get to DC.
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pd_recapturing
01-26 03:51 PM
1. Your old employer can revoke your I-140, however they cannot do anything to your I-485 application. Technically this should not matter since you are eligible for AC-21 (greater than 180 days, same or similar job).
2. Unfortunately, for one reason or another USCIS has been mistakenly issuing immediate denials (no NOID or RFE - just straight denial) for people with revoked I-140s.
3. After the I-485 denial, the process involves filing an MTR to explain to the USCIS that your case should be portable based on the AC 21 law, Yates memo etc.
4. If you do not have H1b, and are solely dependent on EAD, then you should technically not work when I-485 gets denied. However, there are 2 schools of thought out there: one school believes not to work since the 485 is denied, and another school believes to work since EAD was not explicitly revoked, and since you believe USCIS wrongly denied your I-485. Also, the latter school argues that since your MTR would be opened withing 2-3 months, you can accrue less than 180 days presence, and use 245k to seek pardon for that. Its all about the risk appetite of the new company and their lawyers.
5. Based on my research, it looks like MTR is taking anywhere from 2 weeks to 3 months, with the latter being more likely due to the increase in MTRs lately. My advice here will be to discuss all these options with your new employee, to see what their thought is. Obviously, if you feel they will tell you to go home, and won't keep the job open for 2-3 months, then it might make sense to either find another employer who will be willing to file H1b, or stay put.
6. I invoked AC 21, moved on EAD, and got denied last week. I had done all my research, and got guarantee from prior company that they would not revoke I-140. I called them after i got the CRIS email and they said they had not revoked I-140. So i am still waiting for Denial Notice to see reason why.
Bottom line, AC 21 comes with risk, and you have to be ready to ride the wave, if things are to get delayed or you are to be out of work for some time. If there was anything I could have done differently, I would have REALLY forced new employer to file H1b on my behalf. I feel i laid down too easily on this request after my previous company said they would not revoke I-140. I did ask the legal team of the new company, and they said no. I should have discussed with my bosses, since they really wanted me, and would have probably overriden the legal team.
But life goes on...
Very accurate and to-the-point answers. Awesome post !!
Can you please keep us informed about the reason as to why did the deny your I-485?
2. Unfortunately, for one reason or another USCIS has been mistakenly issuing immediate denials (no NOID or RFE - just straight denial) for people with revoked I-140s.
3. After the I-485 denial, the process involves filing an MTR to explain to the USCIS that your case should be portable based on the AC 21 law, Yates memo etc.
4. If you do not have H1b, and are solely dependent on EAD, then you should technically not work when I-485 gets denied. However, there are 2 schools of thought out there: one school believes not to work since the 485 is denied, and another school believes to work since EAD was not explicitly revoked, and since you believe USCIS wrongly denied your I-485. Also, the latter school argues that since your MTR would be opened withing 2-3 months, you can accrue less than 180 days presence, and use 245k to seek pardon for that. Its all about the risk appetite of the new company and their lawyers.
5. Based on my research, it looks like MTR is taking anywhere from 2 weeks to 3 months, with the latter being more likely due to the increase in MTRs lately. My advice here will be to discuss all these options with your new employee, to see what their thought is. Obviously, if you feel they will tell you to go home, and won't keep the job open for 2-3 months, then it might make sense to either find another employer who will be willing to file H1b, or stay put.
6. I invoked AC 21, moved on EAD, and got denied last week. I had done all my research, and got guarantee from prior company that they would not revoke I-140. I called them after i got the CRIS email and they said they had not revoked I-140. So i am still waiting for Denial Notice to see reason why.
Bottom line, AC 21 comes with risk, and you have to be ready to ride the wave, if things are to get delayed or you are to be out of work for some time. If there was anything I could have done differently, I would have REALLY forced new employer to file H1b on my behalf. I feel i laid down too easily on this request after my previous company said they would not revoke I-140. I did ask the legal team of the new company, and they said no. I should have discussed with my bosses, since they really wanted me, and would have probably overriden the legal team.
But life goes on...
Very accurate and to-the-point answers. Awesome post !!
Can you please keep us informed about the reason as to why did the deny your I-485?
more...
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swarnapuri
12-12 12:47 PM
http://travel.state.gov/visa/frvi/bulletin/Visa_Bulletin_For_January_2007.html
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Gravitation
12-13 12:48 PM
Can you explain why EB2 ROW is flowing to EB3 and not to EB2 India?
It's just a decision that state department makes. I'm not saying it's justified. I'm not saying that's how it should be.
I think the logic is that when India EB2 became Unavailable and EB2-RoW was Current (for example in Sept Bulletin: http://travel.state.gov/visa/frvi/bulletin/bulletin_3009.html
If EB2 RoW were flowing into EB3 RoW, this would not have been possible.
I think it's an attempt to bring EB3 on par with EB2 (this is just my guess).
It's just a decision that state department makes. I'm not saying it's justified. I'm not saying that's how it should be.
I think the logic is that when India EB2 became Unavailable and EB2-RoW was Current (for example in Sept Bulletin: http://travel.state.gov/visa/frvi/bulletin/bulletin_3009.html
If EB2 RoW were flowing into EB3 RoW, this would not have been possible.
I think it's an attempt to bring EB3 on par with EB2 (this is just my guess).
more...
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waitingnwaiting
05-12 12:13 PM
That brings a new point for IV leadership. In line with HISPANIC movement, can we take/seek help from various associations of India/China like the ones in link Indian Associations in the US : NRI Desi Associations in USA : India Social, Cultural, Religious Organisations (http://www.thokalath.com/North-America/Indo-American-Community.php)
Who is we?
why not you try to contact them?
Who is we?
why not you try to contact them?
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raysaikat
04-10 01:41 AM
^^This is not gonna happen... and even if it did....well I guess the companies will finally take notice when there are no new people to hire and fire and their bottom lines are hit with permanent hires for every small and odd project......guess what that they will do then....outsource more work to other countries......:)
Good or bad, Virtue or Vice, companies simply can't hire permanent employees with full 'American' benefits for short-term projects....this where the consulting leeches come in.....its all supply and demand man....
And what makes you think that software consultancies cannot be run without H1-B visas?
Good or bad, Virtue or Vice, companies simply can't hire permanent employees with full 'American' benefits for short-term projects....this where the consulting leeches come in.....its all supply and demand man....
And what makes you think that software consultancies cannot be run without H1-B visas?
more...
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meridiani.planum
06-06 03:09 AM
My manager surprised me today saying that I was promoted yesterday from a programmer analyst to a systems analyst. I have an approved i-140 and have filed my 485. My priority date for EB3 is current. I also have a 3 year extension of H1B.
There is no change in the job responsibilities.
Question:
1. How soon should I file my AC21 request?
2. What is the impact of this promotion on my H1B?
3. I have waited for 7 years and I may be close to getting my Green Card. How does the AC 21 impact my pending 485?
I declined my promotion. My manager said that it would take a lot of effort to unwind this promotion. He was not pleased with my request.
Any ideas?
since your duties are the same I would think there was no issue in accepting this promotion. Even teh DOL job codes page mentions that those two titles apply to similar jobs: http://online.onetcenter.org/link/summary/15-1051.00.
you my want to undo the rejection, and go ahead and accept the promotion... confirm with your immigraiton attorney.
Does your immigration attorney say that your H1 needs to be updated with a revised LCA?
There is no change in the job responsibilities.
Question:
1. How soon should I file my AC21 request?
2. What is the impact of this promotion on my H1B?
3. I have waited for 7 years and I may be close to getting my Green Card. How does the AC 21 impact my pending 485?
I declined my promotion. My manager said that it would take a lot of effort to unwind this promotion. He was not pleased with my request.
Any ideas?
since your duties are the same I would think there was no issue in accepting this promotion. Even teh DOL job codes page mentions that those two titles apply to similar jobs: http://online.onetcenter.org/link/summary/15-1051.00.
you my want to undo the rejection, and go ahead and accept the promotion... confirm with your immigraiton attorney.
Does your immigration attorney say that your H1 needs to be updated with a revised LCA?
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prashant1_sharma
12-01 12:01 AM
Send you a PM also.
Can you please send it to me also
Can you please send it to me also
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gimme_GC2006
08-21 11:14 AM
Let me gather all the info first and I can disclose everything here. Meanwhile please come up with any other suggestions if any.
Are you planning to take action against attorney as well?
Even though it may not be illegal for him to not to respond to you, but it clearly proves that attorney is aware, that your life is being screwed by not filing 485.
I am sure there exists some ethical responsbilities for them too, Did you check with the Bar association helpdesk (or anyone there) where your attorney is registered?
Also, please post attorney's details also whenever you think its time to disclose
:cool:
Are you planning to take action against attorney as well?
Even though it may not be illegal for him to not to respond to you, but it clearly proves that attorney is aware, that your life is being screwed by not filing 485.
I am sure there exists some ethical responsbilities for them too, Did you check with the Bar association helpdesk (or anyone there) where your attorney is registered?
Also, please post attorney's details also whenever you think its time to disclose
:cool:
vinzak
12-21 12:07 PM
The only time I have had to deal with the Houston Consulate (or any Indian Consualate in the US) was last year when I needed a new/renewed passport. Sent it by mail and received it back in 1 week. I really can't complain since it's the best experience I have had with any consulate.
I applied for a UK visa, and they stuck someone else's visa in my passport. To call them, there's only a paid line for 99c a minute, even if it's their fault. And I was put on hold for 15 mins.
Applied for a Canadian visa, 3 mnths in advance of my trip. When I asked after 3 weeks, they told me pretty rudely that of I enquire about the status, it'll take even longer to process. (This is a tactic I would love to use with my boss whenever he asks about the status of things I'm working on) :) Finally processed it in 2.5 months. This was a simple single entry for 4 days.
Applied for a schengen visa(Germany), they took 3 weeks to process a simple business visa. Sent back my documents saying that I didn't have coverage for repatriation of corpse should I die in Europe, even though my policy clearly had it and this was verified when I presented the documents in person at the consulate. Schengen countries demand that you apply in person, because they want to make sure you have the face for going to Europe.
I have a Dutch friend whose Indian wife took 3 mnths to get a visitor visa. This is because he complained to the Dutch foreign ministry when her visa wasn't done in 3 weeks. He was outraged that the wife of a Dutch citizen should be treated by his govt. like that. Oh well, they showed him.
So given all this, I would assume that all embassies/consulates are inefficient, simply because they are government workers who are not answerable to anyone and can't get fired. And they work in a monopoly.
Of course, we like to think Indian babus are either stupid, lazy, corrupt or a combination of the above because it's a mindset we have. But looking at how USCIS and the embassies above operate, I think Indians are pretty much on par with everyone else.
I applied for a UK visa, and they stuck someone else's visa in my passport. To call them, there's only a paid line for 99c a minute, even if it's their fault. And I was put on hold for 15 mins.
Applied for a Canadian visa, 3 mnths in advance of my trip. When I asked after 3 weeks, they told me pretty rudely that of I enquire about the status, it'll take even longer to process. (This is a tactic I would love to use with my boss whenever he asks about the status of things I'm working on) :) Finally processed it in 2.5 months. This was a simple single entry for 4 days.
Applied for a schengen visa(Germany), they took 3 weeks to process a simple business visa. Sent back my documents saying that I didn't have coverage for repatriation of corpse should I die in Europe, even though my policy clearly had it and this was verified when I presented the documents in person at the consulate. Schengen countries demand that you apply in person, because they want to make sure you have the face for going to Europe.
I have a Dutch friend whose Indian wife took 3 mnths to get a visitor visa. This is because he complained to the Dutch foreign ministry when her visa wasn't done in 3 weeks. He was outraged that the wife of a Dutch citizen should be treated by his govt. like that. Oh well, they showed him.
So given all this, I would assume that all embassies/consulates are inefficient, simply because they are government workers who are not answerable to anyone and can't get fired. And they work in a monopoly.
Of course, we like to think Indian babus are either stupid, lazy, corrupt or a combination of the above because it's a mindset we have. But looking at how USCIS and the embassies above operate, I think Indians are pretty much on par with everyone else.
jonty_11
07-06 06:20 PM
just been informed that the newscast is going is to happen tommorow. apparently there was some "breaking" news!! guys make sure you tune in tomorrow!!
tommorow what time (provide Time Zone also)
tommorow what time (provide Time Zone also)
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