maristella61
01-30 12:33 PM
Does all this mean that if you have an approved LC it will only remain valid for 45 days?!
I am waiting to file my I-140 until my PD gets closer because I don't want to risk my daughter aging out.
EB3 with PD June 03
I am waiting to file my I-140 until my PD gets closer because I don't want to risk my daughter aging out.
EB3 with PD June 03
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ameryki
11-10 12:35 PM
Pros of using H1B:
1. If I-485 denied or having issues in getting approved, then you can still continue with your H1B and have peace of mind.
2. You can bring your spouse / dependents using H4
3. Getting Driving License renewal up to the duration of H1 is not a problem.
4. Can renew in 3 years time period after I-140 approval and can avoid frequent renewal of EAD hassle.
5. EAD renewal every year is expensive and can save money!
Pros of using EAD:
1. Can get a job where the company is not willing to sponsor.
2. Can save H1B time and can be used in future, if needed. [I read about this some time back and users need to check regarding it's validity]
3. Can change companies without any documentation using AC21. [USCIS don�t ask don�t tell policy?]
Please add in appropriate category, if I missed any information.
My 2 cents!
I read on some lawyers site from someone that posted it here in this forum if you move to EAD and surrender your H1 status you can no longer tap in to the unused time frame if you do get in to a situation at a later time. just my 2 cents.
1. If I-485 denied or having issues in getting approved, then you can still continue with your H1B and have peace of mind.
2. You can bring your spouse / dependents using H4
3. Getting Driving License renewal up to the duration of H1 is not a problem.
4. Can renew in 3 years time period after I-140 approval and can avoid frequent renewal of EAD hassle.
5. EAD renewal every year is expensive and can save money!
Pros of using EAD:
1. Can get a job where the company is not willing to sponsor.
2. Can save H1B time and can be used in future, if needed. [I read about this some time back and users need to check regarding it's validity]
3. Can change companies without any documentation using AC21. [USCIS don�t ask don�t tell policy?]
Please add in appropriate category, if I missed any information.
My 2 cents!
I read on some lawyers site from someone that posted it here in this forum if you move to EAD and surrender your H1 status you can no longer tap in to the unused time frame if you do get in to a situation at a later time. just my 2 cents.
virald
07-19 10:03 PM
Viral,
There is not much we can do. From Greg's yesterday's latest response that there were very few which were returned/rejected on July 2nd itself and this thread proves that we are not alone ...there are so many and status is unknown. Matthew Oh is also suggesting that it will be receipted. I think we are all safe and with time we will get receipt. Nobody...none of the attorney's are suggesting refiling. Now the thought that whether my packet was properly filed or not? I think that will always be there in the back of one's mind but if the attorney has done his/her job correctly I think we should not worry. Its not rocket science and documents required for filing are well known...so I would discount this risk. It appears we are all safe because as we all know that no rejection notices have been generated, packets if returned should have come back by now as per Greg....All in all it all points towards our packets being on hold there at respective centers....but as you rightly pointed out..towards the last week of July keep calling centers to know..but even before that keep eye on check clearing as that by far is the best and earliest clue that all is well with the case.
Stay tuned and I will keep on updating here on this nice thread that you created...i really appreciate it. Keep up the good work buddy!!
Best Regards,
Well written xyz2005 (sorry dunno your real name :D)..
I agree with what you say. Oh well ... we just have to wait and find out.. Good Luck to you too :D
There is not much we can do. From Greg's yesterday's latest response that there were very few which were returned/rejected on July 2nd itself and this thread proves that we are not alone ...there are so many and status is unknown. Matthew Oh is also suggesting that it will be receipted. I think we are all safe and with time we will get receipt. Nobody...none of the attorney's are suggesting refiling. Now the thought that whether my packet was properly filed or not? I think that will always be there in the back of one's mind but if the attorney has done his/her job correctly I think we should not worry. Its not rocket science and documents required for filing are well known...so I would discount this risk. It appears we are all safe because as we all know that no rejection notices have been generated, packets if returned should have come back by now as per Greg....All in all it all points towards our packets being on hold there at respective centers....but as you rightly pointed out..towards the last week of July keep calling centers to know..but even before that keep eye on check clearing as that by far is the best and earliest clue that all is well with the case.
Stay tuned and I will keep on updating here on this nice thread that you created...i really appreciate it. Keep up the good work buddy!!
Best Regards,
Well written xyz2005 (sorry dunno your real name :D)..
I agree with what you say. Oh well ... we just have to wait and find out.. Good Luck to you too :D
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gcisadawg
04-09 03:14 PM
i will go ahead and give my take on this based on my experience
1) some doctors DO NOT give a waiver since they think its OK to take a TB test during pregnancy itself, let alone not taking after child birth. so call the doc b4 you go.
2) I believe as long as the doctor gives you a blanket waiver it should be fine, thats all the proof you probably mifght need..
I dont think USCIS is so crude to go into getting excruciating evidence in these type of situations...good luck;)
I would call the USCIS if first off , they could give you more time..saying that she is traveling....if not get a blanker waiver..
Our immigration doctor, as a std. practice, don't do TB test during pregnancy. That's the reason we didn't do TB test for her during July 2007 fiasco.
1) some doctors DO NOT give a waiver since they think its OK to take a TB test during pregnancy itself, let alone not taking after child birth. so call the doc b4 you go.
2) I believe as long as the doctor gives you a blanket waiver it should be fine, thats all the proof you probably mifght need..
I dont think USCIS is so crude to go into getting excruciating evidence in these type of situations...good luck;)
I would call the USCIS if first off , they could give you more time..saying that she is traveling....if not get a blanker waiver..
Our immigration doctor, as a std. practice, don't do TB test during pregnancy. That's the reason we didn't do TB test for her during July 2007 fiasco.
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bharad
01-30 04:35 PM
Voted now.
chantu
09-17 01:29 PM
are you sure?
If today its approved in the house..we are done..it goes the Prez for signing and we all add another card to our wallets:o
If today its approved in the house..we are done..it goes the Prez for signing and we all add another card to our wallets:o
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permfiling
12-02 09:57 PM
As some one suggested ads are good source, I think the local state chapters should encourage members to donate/ join for recrurring contributions.
I just contributed $300. I will sign up for recurring ...
Google Order #448925927215726
Sunil
PD: Eb2 - 05
Contributions so far: $500
Member of North California Chapter
I just contributed $300. I will sign up for recurring ...
Google Order #448925927215726
Sunil
PD: Eb2 - 05
Contributions so far: $500
Member of North California Chapter
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chanduv23
07-02 02:57 PM
No disrespect but your signature is "The first step in fighting injustice, is to make it visible" - Mahatma Gandhi
I am not discouraging pople but aasking them to stand up. Only trying to gauge the leveel att which companies are affected.
I am not discouraging pople but aasking them to stand up. Only trying to gauge the leveel att which companies are affected.
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alien2006
06-08 07:49 AM
A lot was said above but some basic things still need clarification.
I do believe that I HAVE THE RIGHT to get my LCA adjudicated in 2-3 months time (OK, make it 6 months, having in mind you are dealing with an inefficient administration).
I do believe that I HAVE THE RIGHT to know in short term (2-3 months, not 3-4 years !) if I am eligible for permanent residency.
I do believe that I HAVE THE RIGHT to know how long (if approved) will take the I-485 process.
These are clear, simple questions that require clear, simple answers. Getting these answers (NO is also an answer) in a reasonable period of time is a right, not a privilege...
No I want the RIGHT to get my GC as soon as I land here on a H1B. They should give me the GC at the airport itself. I'm not waiting one day even. ;)
I do believe that I HAVE THE RIGHT to get my LCA adjudicated in 2-3 months time (OK, make it 6 months, having in mind you are dealing with an inefficient administration).
I do believe that I HAVE THE RIGHT to know in short term (2-3 months, not 3-4 years !) if I am eligible for permanent residency.
I do believe that I HAVE THE RIGHT to know how long (if approved) will take the I-485 process.
These are clear, simple questions that require clear, simple answers. Getting these answers (NO is also an answer) in a reasonable period of time is a right, not a privilege...
No I want the RIGHT to get my GC as soon as I land here on a H1B. They should give me the GC at the airport itself. I'm not waiting one day even. ;)
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chicago60607
09-17 10:52 AM
I thought they start on time but discussions drag and thus reschedulings happen. But then the very start of the day so damn delayed. Prolly everyone is meeting at some Starbucks.
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unitednations
03-31 12:06 PM
UnitedNations,
Whatever be the shift in policy, they cannot go against the AC21 law, which is if the job is in similar classification then the applicant can use portability if the underlying I-140 is revoked. Also you must have seen the latest yates memo , link, http://www.uscis.gov/files/pressrelease/AC21Intrm122705.pdf
If you see Q.11 it asks,
Question 11. When is an I-140 no longer valid for porting purposes?
Answer: An I-140 is no longer valid for porting purposes when:
A. an I-140 is withdrawn before the alien�s I-485 has been pending 180 days, or
B. an I-140 is denied or revoked at any time except when it is revoked based on a withdrawal that was submitted after an I-485 has been pending for 180 days.
Answer B seems pretty vague. How do you interpret this?
Also can you tell, if the case you are referring to is based in TSC or NSC. I have seen cases where TSC applicants are facing this kind of situations more.
We have to understand that there is a myriad of laws; INA, CFR's; USCIS policy binding memos; internal memos; appeals decisions, court cases, precedent aao decisions, precedent legal cases.
Now; the ac21 memo is a memo that uscis officers have to follow. However; the memo is not in accordanc with INA 245 or AC21.
INA 245 states that a valid and approved 140 is needed for a person to get lawful permanent residency.
ac21 says that a person can change jobs after 485 has been pending for more then 180 days.
The above two things are the law.
In ac21 law; it doesn't say anything about the scenario if 140 is revoked by employer. It is totally silent to it.
USCIS in their memos realized that ac21 law would not have any meaning if the employer still controlled the 140 if a person was eligible for ac21; therefore, they issued the memo (memo is not law but binding; memos can be changed; however, there has been nothing public about any possible change).
Memo is clarification which they have been following for many years and as far as I know still binding.
Whatever be the shift in policy, they cannot go against the AC21 law, which is if the job is in similar classification then the applicant can use portability if the underlying I-140 is revoked. Also you must have seen the latest yates memo , link, http://www.uscis.gov/files/pressrelease/AC21Intrm122705.pdf
If you see Q.11 it asks,
Question 11. When is an I-140 no longer valid for porting purposes?
Answer: An I-140 is no longer valid for porting purposes when:
A. an I-140 is withdrawn before the alien�s I-485 has been pending 180 days, or
B. an I-140 is denied or revoked at any time except when it is revoked based on a withdrawal that was submitted after an I-485 has been pending for 180 days.
Answer B seems pretty vague. How do you interpret this?
Also can you tell, if the case you are referring to is based in TSC or NSC. I have seen cases where TSC applicants are facing this kind of situations more.
We have to understand that there is a myriad of laws; INA, CFR's; USCIS policy binding memos; internal memos; appeals decisions, court cases, precedent aao decisions, precedent legal cases.
Now; the ac21 memo is a memo that uscis officers have to follow. However; the memo is not in accordanc with INA 245 or AC21.
INA 245 states that a valid and approved 140 is needed for a person to get lawful permanent residency.
ac21 says that a person can change jobs after 485 has been pending for more then 180 days.
The above two things are the law.
In ac21 law; it doesn't say anything about the scenario if 140 is revoked by employer. It is totally silent to it.
USCIS in their memos realized that ac21 law would not have any meaning if the employer still controlled the 140 if a person was eligible for ac21; therefore, they issued the memo (memo is not law but binding; memos can be changed; however, there has been nothing public about any possible change).
Memo is clarification which they have been following for many years and as far as I know still binding.
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Bokke
06-19 11:28 AM
so tomorow is the last day ?
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eb3_nepa
02-05 04:18 PM
Folks
Stay focused our (IV) Main Agenda, please dont get distracted with all these ideas.
Krishna we are focussed on the main goal, Unfortunately we have yet to see any headway and may not see any this year either coz of the million other problems. Hence my suggestion of alternate strategies. Like I said, just a suggestion.
Stay focused our (IV) Main Agenda, please dont get distracted with all these ideas.
Krishna we are focussed on the main goal, Unfortunately we have yet to see any headway and may not see any this year either coz of the million other problems. Hence my suggestion of alternate strategies. Like I said, just a suggestion.
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Berkeleybee
02-23 08:22 PM
Hmmm. Immigration issues are conspicuously absent from this (Kennedy Right TRACK) version of the Competitiveness theme. Could be because he has the McCain-Kennedy bill to deal with that.
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black_logs
04-07 12:57 PM
Guys it is really upto you to decide how much you are willing to contribute towards something which will change your future. I'm on 7th year H1B extension I pay $200 for my dependents visas. I am going to my home country and I'm paying close to $600 for Visa stamping, plus pain for doing all the paper work, and pain of taking a visa interview after living 7 years here. We don't get anything done then this visa will expire in 6 months, so another $200 for visa, another $600 for stamping, another form & another filing and above all another sleepless night. This is endless, we need to support this effort, please contribute generously.
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spdy_mn
06-14 01:34 PM
This is how it works. If you file for your 485 now, the next thing that is expected from you is to wait for the receipt, that would take 3 to 4 weeks. Then you will get finger print notice, that might come in three months time. Once you are done with all this then check the processing date of the respective service centre where you have filed your 485 application.
Now coming to the question of unmarried filers, if the principal aplicant's date of marriage is beofe his or her 485 adjudication of adjustment of status, there are two ways principal applicant file for 485 for his or her spouse. The spouse can travel to US on H4 and file for 485 or the principal applicant can do consular processing. Now consular processing is good for those cases whosw w PD is current but since retrogression can kick in anytime it is better to travel to US on H4 and file for 485.
Another important aspect is if you file 485, EAD, Advance Parole and you use EAD, you loose your H1 status, hence on EAD you can not bring in your wife. So unmarried filersn it goes like thisn you go ahead and fileyour 485, then go to your home country brng in your wife on H4n as you have aleast s months of time if NSC, TSC or CSC 485 processing is not current and it is hown 1 month for receipt of 485, three months of time for getting the finger print notice and you can postpone by another month of FP by rescheduling it to another month. So literally you have 4 to 5 months to get married and by that time the dates will retrogress again. So dont worry, just go ahead file your 485 and start looking to get married. But try to bring in your spouse asap so that you can file for your spouses 485 also till the time PD is current. If you are not able to file for 485 for your spouse and you have filed for yourself and whenthe dates retrogresses again when your spouse comed to US you would not be able to use EAD as using EAD nullifies H1 and H4 status. So desi consulting companies will keep on sucking your blood as you cannot change job using EAD. If you need more info on this let me know I have gone through this and waited for almost three years to file for my spouse I resheduled my FP notice in 2004 to get married by the time my wife came retrogression kicked in and waited till June 2007 to file for my wife. My PD june 2002 still waiting
That explains almost every thing. Thanks so much
Now coming to the question of unmarried filers, if the principal aplicant's date of marriage is beofe his or her 485 adjudication of adjustment of status, there are two ways principal applicant file for 485 for his or her spouse. The spouse can travel to US on H4 and file for 485 or the principal applicant can do consular processing. Now consular processing is good for those cases whosw w PD is current but since retrogression can kick in anytime it is better to travel to US on H4 and file for 485.
Another important aspect is if you file 485, EAD, Advance Parole and you use EAD, you loose your H1 status, hence on EAD you can not bring in your wife. So unmarried filersn it goes like thisn you go ahead and fileyour 485, then go to your home country brng in your wife on H4n as you have aleast s months of time if NSC, TSC or CSC 485 processing is not current and it is hown 1 month for receipt of 485, three months of time for getting the finger print notice and you can postpone by another month of FP by rescheduling it to another month. So literally you have 4 to 5 months to get married and by that time the dates will retrogress again. So dont worry, just go ahead file your 485 and start looking to get married. But try to bring in your spouse asap so that you can file for your spouses 485 also till the time PD is current. If you are not able to file for 485 for your spouse and you have filed for yourself and whenthe dates retrogresses again when your spouse comed to US you would not be able to use EAD as using EAD nullifies H1 and H4 status. So desi consulting companies will keep on sucking your blood as you cannot change job using EAD. If you need more info on this let me know I have gone through this and waited for almost three years to file for my spouse I resheduled my FP notice in 2004 to get married by the time my wife came retrogression kicked in and waited till June 2007 to file for my wife. My PD june 2002 still waiting
That explains almost every thing. Thanks so much
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arkrish68
01-17 12:03 PM
Though I am not affected, but count on me
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Dalai Lama
02-06 02:22 PM
India, sorry for missing that in the earlier post.
I think all countries other then India and china are already current for EB2.
For India EB2 2005.....I say 20 to 30 years...
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I think all countries other then India and china are already current for EB2.
For India EB2 2005.....I say 20 to 30 years...
dalai lama from tibbet
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vikramark
01-30 05:07 PM
Voted, Question has slipped to 20, more people need to vote
ilikekilo
03-03 11:32 AM
After reading through all the posts at IV, I've decided to get the Atlas America Medical insurance for my parents. This is the only comprehensive insurance I could find and most others have limited coverage. The cost is around $900 for 3 months for a $500000 policy with $2500 deductible.
Could members who had this insurance post their experience?
Also, is there any other comprehensive plan available for visitors?
we used IMG international's/sirius international patriot america with a $250 decutible 90/10, for 50K...
one thing I noticed is this company takes a long time ( most other visitor insurance companies too I suspect) for settling cliams..we still have a claim not settled since for a one in december and most of these dont cover pre existing conditions and they are very very restrictive.. however there are some insuranc companies who provide a rider for pre existing conditions for an extra dough..
just make sure to call them for any major visit (hopefdully not needed but in any case) , the one above we got was a comprehensive NOT a limited one..still I think these insurance carriers in my opinion do their best to delay the claim and do whatever they can to sneak up on you with a surprise
I would love to hear from members who had a great CLAIMS experience (not price) with any visitor ins carrier..
Could members who had this insurance post their experience?
Also, is there any other comprehensive plan available for visitors?
we used IMG international's/sirius international patriot america with a $250 decutible 90/10, for 50K...
one thing I noticed is this company takes a long time ( most other visitor insurance companies too I suspect) for settling cliams..we still have a claim not settled since for a one in december and most of these dont cover pre existing conditions and they are very very restrictive.. however there are some insuranc companies who provide a rider for pre existing conditions for an extra dough..
just make sure to call them for any major visit (hopefdully not needed but in any case) , the one above we got was a comprehensive NOT a limited one..still I think these insurance carriers in my opinion do their best to delay the claim and do whatever they can to sneak up on you with a surprise
I would love to hear from members who had a great CLAIMS experience (not price) with any visitor ins carrier..
desi3933
06-22 08:19 AM
I had the same kind of situation . I work for a Fortune 5 company . The prevailing wage some how came to $5000 more than the salary than the company pays me ( I think I am pretty competitively paid ) . Our attorney team told me that this is nothing to worry about . The wage difference actually matters when your I-485 is filed and about to be approved . So you could actually go ahead and file the labor and get the I140 approved and wait for your wage to rise to the levels ( you will have to wait anyhow for a few years ).So if I have to wait for like 3 years for my GC my wage will surely rise to USD 5000 in 3 years . Also remember that the total wage is the sum Salary + Joining bonus + awards + yearly bonus . So you could add these things to give your total wage .
>> The prevailing wage some how came to $5000 more than the salary than the company pays me
That is really odd. Is your I-140 approved?
Joining Bonus, Awards, and Year Bonus are NOT part of salary unless it is defined and guaranteed for every year.
Not a legal advice.
------------------------------------
Permanent Resident since May 2002
>> The prevailing wage some how came to $5000 more than the salary than the company pays me
That is really odd. Is your I-140 approved?
Joining Bonus, Awards, and Year Bonus are NOT part of salary unless it is defined and guaranteed for every year.
Not a legal advice.
------------------------------------
Permanent Resident since May 2002
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