coopheal
04-28 05:27 AM
Added to Wiki here After GC Dos and Donts (http://immigrationvoice.org/wiki/index.php/US_Life_After_GC)
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sku
09-15 05:13 PM
Can I get link for New POJ method of reaching Nebraska IO.
Anyone Please ?
Anyone Please ?
DesiGuy
09-17 11:31 AM
back for me too.
they are speaking abt 6020...ours is next
they are speaking abt 6020...ours is next
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prinive
03-13 10:37 AM
Thanks ... Yes I guess so...
Good luck - Guess u r through
Good luck - Guess u r through
more...
mirage
03-11 09:46 AM
In my opinion USCIS will not give inaccurate information, in writing, to a Senator. The letter clearly mentions 'Application Pending for India'...
"EB Applications pending from India" is very vague, and most probably is not what we are looking for.
USCIS has indicated earlier that they don't know chargeability country until application is ready for approval, which may be true although we didn't want to believe this. Most likely until 485 application is approved birth country is not written anywhere other than the paper application. In most 485 application cases (family, EB and others), chargeability country is a just a matter of recording at approval time. At final approval time, when birth country is found to be retrogressed, application goes back to pending (or cold storage), but ready to approve. This also explains why cutoff dates have to rely purely on guess work, and move back and forth.
For proper handling of cases for retrogressed countries, USCIS/DOS really have no workable method in place.
"EB Applications pending from India" is very vague, and most probably is not what we are looking for.
USCIS has indicated earlier that they don't know chargeability country until application is ready for approval, which may be true although we didn't want to believe this. Most likely until 485 application is approved birth country is not written anywhere other than the paper application. In most 485 application cases (family, EB and others), chargeability country is a just a matter of recording at approval time. At final approval time, when birth country is found to be retrogressed, application goes back to pending (or cold storage), but ready to approve. This also explains why cutoff dates have to rely purely on guess work, and move back and forth.
For proper handling of cases for retrogressed countries, USCIS/DOS really have no workable method in place.
Vexir
06-16 10:07 PM
amazing. How did you do that intricate vector? i really want to know =)
more...
Raju
07-19 04:09 PM
Yes IV members and other EB folks who are/will benefit(ing) from this are indebted big time to Aman and IV core. Com'on guys this fellow sold his house and spends a good chuck of his time for a selfless cause. IV core can sit on a couch like you and me watch TV, spend time with their family and not bother about contributing a penny. The least we could do is support them.
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theshiningsun
07-24 02:40 PM
excellent response qasleuth! raji's Q's seem to be genuine and merit answers. ur response covers details of what can/cannot be covered in a public forum n why n what r the other options to work across it. one of the best responses i hv seen regarding how IV works.
thx,
thx,
more...
nycguy30
07-19 08:58 AM
Amanbhai,
Thank you so much, you got the leadeship skill, man go for it......
Thank you so much, you got the leadeship skill, man go for it......
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pappu
01-29 09:29 PM
This is a welcome change.
-AILA and others had been and are are still trying to oppose this rule as it benefits them and their clients (employers).
-Labor substitution has been abused and has given a bad name to the GC process.
- Lot of desi companies have become notorious for selling it. Some of them were brave enough to sell it online on sites. Iv condemns any kind of misuse of the system and breaking of law.
- A lot of labor certifications coming out of BECs continue to be substituted. This has caused more delay in PDs moving forward.
- The 45 day rule to use the LC will force employers and Lawyers to work quickly on the application. Lawyers are known to be slow in filing process so they will need to change.
Lets hope USCIS, DOL and DOS make further changes in their regulations and the process is better suited to reduce the pain for applicants. FBI Name checks, long wait times in various steps etc are also worth reforming. On various occasions IV has drawn USCIS attention to various items in the greencard process that need reform. IV will continue to raise all such issues that hurt our members with media, USCIS and lawmakers.
-AILA and others had been and are are still trying to oppose this rule as it benefits them and their clients (employers).
-Labor substitution has been abused and has given a bad name to the GC process.
- Lot of desi companies have become notorious for selling it. Some of them were brave enough to sell it online on sites. Iv condemns any kind of misuse of the system and breaking of law.
- A lot of labor certifications coming out of BECs continue to be substituted. This has caused more delay in PDs moving forward.
- The 45 day rule to use the LC will force employers and Lawyers to work quickly on the application. Lawyers are known to be slow in filing process so they will need to change.
Lets hope USCIS, DOL and DOS make further changes in their regulations and the process is better suited to reduce the pain for applicants. FBI Name checks, long wait times in various steps etc are also worth reforming. On various occasions IV has drawn USCIS attention to various items in the greencard process that need reform. IV will continue to raise all such issues that hurt our members with media, USCIS and lawmakers.
more...
sc3
08-11 02:52 PM
I am wondering the same for 2002 applicants. I wonder if many people were approved in 2007 fiasco and if yes, then why PD is stuck at Nov 2001?
I am also thinking the same that many might have been approved in 2007, because most of these applicants had a chance to apply before the gates were closed in 2005, and would have been approved in 2007. But 0 responses is still odd.
The reasons for Nov 2001 PD could be due to backlog processing centers that held sway over these applicants (non-RIR cases), but by same yardstick, there still should be some cases in early 2002. Odd indeed (though a good kind of "odd", as we will get a welcome jump in dates once they ball starts rolling).
I am also thinking the same that many might have been approved in 2007, because most of these applicants had a chance to apply before the gates were closed in 2005, and would have been approved in 2007. But 0 responses is still odd.
The reasons for Nov 2001 PD could be due to backlog processing centers that held sway over these applicants (non-RIR cases), but by same yardstick, there still should be some cases in early 2002. Odd indeed (though a good kind of "odd", as we will get a welcome jump in dates once they ball starts rolling).
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kshitijnt
07-17 10:21 PM
Dear Sir:
I have seen Mr Lou Dobbs show a number of times over the years. Never have I seen a single good remark he has made against immigrants. His journalism is highly biased and is misleading american people.
Kshitij Tumbde
I have seen Mr Lou Dobbs show a number of times over the years. Never have I seen a single good remark he has made against immigrants. His journalism is highly biased and is misleading american people.
Kshitij Tumbde
more...
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vejella
07-11 09:47 AM
Guys,
Any Idea when we can come to know if the rumor is true or not ....
If this happens then a BIG gain for us and Some companies may even get washed out :)
Any Idea when we can come to know if the rumor is true or not ....
If this happens then a BIG gain for us and Some companies may even get washed out :)
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tonyHK12
04-08 03:00 PM
/\/\/\
more...
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krishjack
07-16 09:48 AM
Signed
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needhelp!
12-03 02:00 PM
I agree with this, we should definitely do this.
Since IV has contact e-mails for all its members, it can also send periodic e-mails on its activities, funding drives, recent achievements and ask for the members to contibute. This will be helpful for those who dont visit the site very often. For Example, recent update given by pappu inspired me to sign up for monthly contribution. But that would happen only if i visited the site very often. I would have missed it if i am not a regular visitor to the site.
Since IV has contact e-mails for all its members, it can also send periodic e-mails on its activities, funding drives, recent achievements and ask for the members to contibute. This will be helpful for those who dont visit the site very often. For Example, recent update given by pappu inspired me to sign up for monthly contribution. But that would happen only if i visited the site very often. I would have missed it if i am not a regular visitor to the site.
more...
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add78
08-20 12:48 PM
Here are the answers -
To begin with first, there are two different things
1) Document that determines your STATUS IN USA - Your CURRENT I-94 and what it says (stamp/handwritten valid status with valid until date)
2) Document that determines your EMPLOYMENT ELIGIBILITY IN USA - Your H1-B I797 with Employer Name and valid until date OR Your H1-B Visa Stamp with Employer Name and valid until date (OR your L1 visa with employer name and valid until date or F-1 visa with CPT/OPT) OR Your EAD card (any employer) OR Your Green Card (any employer) OR Your USA Passport (holy grail).
You have H1-B I-797, You may have H1-B Stamp, Your I-94 says H1-B, Therefore Your Status is H-1B, Your Work Authorization Document is H1-B.
You file 485, You file for AP and EAD, You get AP and EAD, You haven't used either yet.
You exit USA, You return to USA using AP.
Your I-94 now says "Parolee", Your status now in USA is "Parolee/Pending AOS"
Your Work Authorization for SAME (continuing) employer is H1-B
A.K.A. NO NEED to use EAD.
There is NO SUCH THING as H1-B Transfer
Every H1-B filing is a new one, USCIS checks if
1) You have valid remaining 6 year period at the time this new H1-B that they have received AND
2) You have been counted against the H1-B before in the last 6 years or not.
So now after I-94 says "Parolee/Pending AOS", You CAN
A) Extend your H1-B with the SAME EMPLOYER provided you have time left in your 6 year window
OR
B) File a new H1-B with a DIFFERENT EMPLOYER provided you have time left in your 6 year window AND you are counted in the cap
OR
C) Move to this DIFFERENT EMPLOYER WITHOUT filing H1-B by using your EAD.
in scenario A) your status CHANGES from "Parolee/WaitingAOS" to H1-B with SAME EMPLOYER once you receive your new I-797 that has I-94 at the bottom, you keep working on current H1-B that is being extended
in scenario B) your status CHANGES from "Parolee/WaitingAOS" to H1-B with DIFFERENT EMPLOYER once you receive your new I-797 that has I-94 at the bottom, you start working on new H1-B receipt notice until that gets approved and then on the new approved H1-B
in scenario C) your status STAYS "Parolee/WaitingAOS", you start working on your EAD which is NOT tied to any employer.
Many people FEAR that they should CLING ON TO H1-B "just in case" 485 is denied. Well that fear is not well placed since if your 485 is denied at any point in either scenario A) or B) even though you may remain "IN STATUS" you probably have run out of 6 year clock by then. Conversely, in scenario C) in case of 485 denial, even though you may temporarily become "OUT OF STATUS" you can immediately file H1-B with the working or a different employer to get back "IN STATUS" if your clock has not expired by then.
between scenarios B) and C), scenario C) is simpler and easier as long as the job is same/similar if you are using AC-21.
Hope This Helps.
To begin with first, there are two different things
1) Document that determines your STATUS IN USA - Your CURRENT I-94 and what it says (stamp/handwritten valid status with valid until date)
2) Document that determines your EMPLOYMENT ELIGIBILITY IN USA - Your H1-B I797 with Employer Name and valid until date OR Your H1-B Visa Stamp with Employer Name and valid until date (OR your L1 visa with employer name and valid until date or F-1 visa with CPT/OPT) OR Your EAD card (any employer) OR Your Green Card (any employer) OR Your USA Passport (holy grail).
You have H1-B I-797, You may have H1-B Stamp, Your I-94 says H1-B, Therefore Your Status is H-1B, Your Work Authorization Document is H1-B.
You file 485, You file for AP and EAD, You get AP and EAD, You haven't used either yet.
You exit USA, You return to USA using AP.
Your I-94 now says "Parolee", Your status now in USA is "Parolee/Pending AOS"
Your Work Authorization for SAME (continuing) employer is H1-B
A.K.A. NO NEED to use EAD.
There is NO SUCH THING as H1-B Transfer
Every H1-B filing is a new one, USCIS checks if
1) You have valid remaining 6 year period at the time this new H1-B that they have received AND
2) You have been counted against the H1-B before in the last 6 years or not.
So now after I-94 says "Parolee/Pending AOS", You CAN
A) Extend your H1-B with the SAME EMPLOYER provided you have time left in your 6 year window
OR
B) File a new H1-B with a DIFFERENT EMPLOYER provided you have time left in your 6 year window AND you are counted in the cap
OR
C) Move to this DIFFERENT EMPLOYER WITHOUT filing H1-B by using your EAD.
in scenario A) your status CHANGES from "Parolee/WaitingAOS" to H1-B with SAME EMPLOYER once you receive your new I-797 that has I-94 at the bottom, you keep working on current H1-B that is being extended
in scenario B) your status CHANGES from "Parolee/WaitingAOS" to H1-B with DIFFERENT EMPLOYER once you receive your new I-797 that has I-94 at the bottom, you start working on new H1-B receipt notice until that gets approved and then on the new approved H1-B
in scenario C) your status STAYS "Parolee/WaitingAOS", you start working on your EAD which is NOT tied to any employer.
Many people FEAR that they should CLING ON TO H1-B "just in case" 485 is denied. Well that fear is not well placed since if your 485 is denied at any point in either scenario A) or B) even though you may remain "IN STATUS" you probably have run out of 6 year clock by then. Conversely, in scenario C) in case of 485 denial, even though you may temporarily become "OUT OF STATUS" you can immediately file H1-B with the working or a different employer to get back "IN STATUS" if your clock has not expired by then.
between scenarios B) and C), scenario C) is simpler and easier as long as the job is same/similar if you are using AC-21.
Hope This Helps.
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immigrant2007
03-21 11:59 AM
I know many people are going to blast me and curse for after reading my post but I think NEw H1b , greencard applicaitons , or any other route that leads to GC should be banned for countries that are severly retrogressed in EB category ...same for the FB based new applications....Doesn;t make sense..one side US business needs H1s so they fight to get it in thier favor but on other side the life of these H1b / L1/L2 guys becomes miserable the moment they get in the GC line.....
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getgreensoon1
04-19 11:26 AM
Just a 3 years in USA, getting a GC by porting into EB2 with a B.Com and some online degree!!!!!! What a pathetic situation for us!!!!!!!!!. Wake up USCIS!!!!!!!!!!!!
Fully agree with each word you said. Many people with legit US education (not TVU kind that many not so educated people on this forum are taking shelter under the umbra of) who have been in the US for more than 10 years are still lawfully waiting in the line. And this idiot with a BCOM and MCA ( correspondence course from IGNOU) is dreaming of porting into EB2 and screw us up. Shame on USCIS and Shame on DOL. I am really concerned that if legit EB2 applicants don't talk to lawmakers and send emails to USCIS, we will be stuck here for years due to these fradulent porting.
Fully agree with each word you said. Many people with legit US education (not TVU kind that many not so educated people on this forum are taking shelter under the umbra of) who have been in the US for more than 10 years are still lawfully waiting in the line. And this idiot with a BCOM and MCA ( correspondence course from IGNOU) is dreaming of porting into EB2 and screw us up. Shame on USCIS and Shame on DOL. I am really concerned that if legit EB2 applicants don't talk to lawmakers and send emails to USCIS, we will be stuck here for years due to these fradulent porting.
mdmd10
09-17 11:50 AM
Rep. Lamar Smith is proposing another amendment to amendment proposed by Rep. Lofgren.
chi_shark
11-25 11:01 AM
i have dumped h1 and am on ead... i am on a job for which they were not going to do H1... and am having real good fun, have a inc company on side and am working to set it up so that i can leave my job and work on my own...
essentially, i am taking a very optimistic view of things... thing is i know that there are cases of illegal people doing great in their lives... disabled people winning medals, then my immigration demon is such a small one!! so should i worry about all this and screw myself up? or should i just do what i gotta do? I chose latter... if bad things have to happen to me, then anything could happen... are the odds of gc rejection more than losing my job (in this economy?). i mean... there could be so many things going wrong!!! plus, i dont think this gc process was made for f***ing people up... it is surely a long process, but that does not mean it is uncertain to the extent that rejection is certain!!! hence my choices...
have fun! and let me know what you decide...
I know it has been discussed a couple of times but more I read about the keeping H1 status/Using EAD &AP the more confused I get. The problem stems from the fact that we want to use the goodies offered by AOS (EAD and AP) but concerned what happens to H1 status. Don't want to get H1 stamping but want to use H1 status.
I talked to my lawyer and she prefers that I get H1 stamping when I go abroad and keep H1 as long as possible.
We have been longing for a while to apply for AOS so that it frees us from H1B shackles and gives us freedom to work. But now that most of us got the EAD, most people don't want to use it (except perhaps the dependents who can now work)
I want to play the devil's advocate for a min and say why not dump H1 and go with EAD/AP route.
One of the advantages people cite with maintaining H1 status is that if some thing goes wrong with I485 , you can still stay here as long as H1 is valid. Another advantage is you don't need to renew EAD/AP every year (Cost) because H1 is given for 3 years (If retrogressed or have H1 time left).
1) But if my I140 is approved and I am working with a good company and the GC is applied in good faith and have good lawyers working on it, what are the chances of rejection ?
2) What is the appetite to start the GC all over by staying on H1 in case this GC is denied after 4-5 years(Likely for most). Ability to challenge the denial of course is different story.
3) I believe most people who got EAD/AP now will continue to extend them just in case (to be safe). So the cost benefit is out of the window. And if the company pays for all the expenses for EAD/AP renewals should I care to keep the H1 status from the cost point of view.
4) If I am willing to use AC21 and change the employer, I believe using EAD gives me more bargaining power than using the H1 because there are more options (Some companied don't do H1) and there is less work for the company (No need to file for H1 transfer)
5) On other hand if I dump H1 status , I can work part time using EAD or start my own business etc.
I see that it is a unanimous opinion that keeping the H1 is a good idea (Including my lawyer suggestion).
I intention here is not to make a statement one way or the other. As I mentioned earlier, I wanted to play devils advocate and challenge some of the perceived benefits of keeping H1 and provoke some responses so that I know I am NOT missing the benefits of H1 that other people see.
Your 2 cents please !!!!
essentially, i am taking a very optimistic view of things... thing is i know that there are cases of illegal people doing great in their lives... disabled people winning medals, then my immigration demon is such a small one!! so should i worry about all this and screw myself up? or should i just do what i gotta do? I chose latter... if bad things have to happen to me, then anything could happen... are the odds of gc rejection more than losing my job (in this economy?). i mean... there could be so many things going wrong!!! plus, i dont think this gc process was made for f***ing people up... it is surely a long process, but that does not mean it is uncertain to the extent that rejection is certain!!! hence my choices...
have fun! and let me know what you decide...
I know it has been discussed a couple of times but more I read about the keeping H1 status/Using EAD &AP the more confused I get. The problem stems from the fact that we want to use the goodies offered by AOS (EAD and AP) but concerned what happens to H1 status. Don't want to get H1 stamping but want to use H1 status.
I talked to my lawyer and she prefers that I get H1 stamping when I go abroad and keep H1 as long as possible.
We have been longing for a while to apply for AOS so that it frees us from H1B shackles and gives us freedom to work. But now that most of us got the EAD, most people don't want to use it (except perhaps the dependents who can now work)
I want to play the devil's advocate for a min and say why not dump H1 and go with EAD/AP route.
One of the advantages people cite with maintaining H1 status is that if some thing goes wrong with I485 , you can still stay here as long as H1 is valid. Another advantage is you don't need to renew EAD/AP every year (Cost) because H1 is given for 3 years (If retrogressed or have H1 time left).
1) But if my I140 is approved and I am working with a good company and the GC is applied in good faith and have good lawyers working on it, what are the chances of rejection ?
2) What is the appetite to start the GC all over by staying on H1 in case this GC is denied after 4-5 years(Likely for most). Ability to challenge the denial of course is different story.
3) I believe most people who got EAD/AP now will continue to extend them just in case (to be safe). So the cost benefit is out of the window. And if the company pays for all the expenses for EAD/AP renewals should I care to keep the H1 status from the cost point of view.
4) If I am willing to use AC21 and change the employer, I believe using EAD gives me more bargaining power than using the H1 because there are more options (Some companied don't do H1) and there is less work for the company (No need to file for H1 transfer)
5) On other hand if I dump H1 status , I can work part time using EAD or start my own business etc.
I see that it is a unanimous opinion that keeping the H1 is a good idea (Including my lawyer suggestion).
I intention here is not to make a statement one way or the other. As I mentioned earlier, I wanted to play devils advocate and challenge some of the perceived benefits of keeping H1 and provoke some responses so that I know I am NOT missing the benefits of H1 that other people see.
Your 2 cents please !!!!
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