Wednesday, June 8, 2011

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  • Ramba
    03-28 01:46 PM
    The Advance degree + 3 years of experience on H1B are not just a matter of fact formulation from the senators. It�s an effort to revert back to the 60�s through 80�s formula where the only way to immigrate to the US (at least for Engineers) was to pursue a master�s degree in the US and then adjust their status to a PR. There is a growing demand from academic institutions to revive this culture. America wants people to study here, specialize in evolving technologies and drive the technological innovation. Every day we see posts on this forum of folks wanting to include laws and regulations to fix the situation that they are in. We need to have a unified front with a common goal. May be we should learn from the �less educated� Latino community. They probably do not have the internet media to rally support but boy did they have their voice heard with ONE COMMON AGENDA.

    I agree with you. All the peoples want to fix the problem currently they are in. We should have a comman, broad sense goal.




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  • Suva
    07-19 11:43 PM
    Why not? 140 is not retrogressed. Anytime you can file I-140. So if i-485 is valid between Aug 1-17 then you can file both between that dates also.

    As per the last revised visa bulletin, the extension period for filling I-485 is Aug 17. But it talks about only I485 and not about I-140.

    So can anyone confirm, if one can file I-140 and I-485 concurrently from Aug 1 to Aug 17.




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  • gc_chahiye
    12-18 07:04 PM
    Even approved GC and Neutralized Citizenship certificates also can be revoked, if it was found later that there was some fraud involved in it.

    I know the GC and citizenship process is long and hard, but did not realize it required such sacrifices (http://www.urbandictionary.com/define.php?term=neuterizing)... :D




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  • go_guy123
    06-09 11:14 PM
    Dear Viewers

    Could anyone please advice me on how to claim the unpaid salary from the previous employers.

    I was working for a company based in Michigan run by an Indian. This person did not pay me my last month salary. He does not pick up his phone or respond to my email. I have all the proof that my client has paid him the money for which I worked but he continue to ignore my request. This guy owes me around 5000 dollars.

    Any piece of advice would be of great help.

    WH-4 form is for complaining to dol



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  • dreamgc_real
    04-30 08:32 AM
    Obama did say that there might not be an appetite for it currently.......... However, making the bill a delicacy might bring back the appetite :D just kidding.....

    Seriously, if other states follow Arizona, it becomes a pressing issue and whether Obama or Congress has the appetite or not, they have to learn to deal with it. Can't let the Arizona law go viral.

    One of the biggest complaint that AZ is making is that the federal government is not addressing the border problem.........well, the federal govt has to wake up and start addressing immigration reform on the whole .......... as so many sections of the immigration system is broken.

    In conclusion, the mood and environment sets the stage. We have one. Got to take advantage of it.




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  • purgan
    05-25 09:39 AM
    please post the names and email adddresses of the authors....so we can all contact them.

    Clearly, legal, skilled immigrants from countires like India, China, Mexico and Phillipines are already facing 5-7 years backlogs and this bill, by reducing quotes from 140K to only 90K, is going to make this problem worse!!! To relieve this problem, they should've expanded quotas (atlteast temporarily), made soft countrycaps, and exempted dependents, but they are going in the totally opposite direction.

    I read the bill posted for IV, and on page 259 it says for first 5 years after enactment, level of EB immigrants will be at 2005 levels (which was 246K)
    90K will for for pending EB applicants, while ATLEAST 10K will for exceptional aliens in nonimmigrant status under section 101(a)(15)(Y). This means that these "exceptional aliens" will have a new quota of 246K-90K= 156K a year, while the qouta for existing EB immigrants will be reduced by 50K, thereby accentuating the horrific backlog that already
    exists...

    Question is, who are these "exceptional aliens" under section 101(a)(15)(Y)??



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  • rajivkane
    12-08 11:17 PM
    Guys!

    Thanks for your answers.


    Regards,

    Raj




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  • PD_Dec2002
    06-24 12:28 PM
    I agree with you.

    We are apply independently since both of us are in H1B status
    I presume that this marriage in foreign country may not be valid because the marriage was neither registered in India nor done according to Foreign Marriage Act, 1969, since both of us are citizen of India at this present time.
    However; we are working out with our parents to get married and register in India, but unsure when this will happen.
    You�re Thoughts please?

    I have no knowledge on this subject so I can't help you out here. As Ramba also said, seek legal help. Also, if getting married is important to you, your partner, and you are sure about your relationship, and if you guys are getting it done in India anyways, why not get a court marriage here ASAP before filing for your I-485.

    From a GC perspective, it "might" be better to have one I-485 application with spouse as the beneficiary rather than pursuing two I-485s independently.

    Good luck.

    Thanks,
    Jayant



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  • alexmat01
    01-13 01:43 PM
    Thanks for the advice on that.
    Could you let me know if "recession and the lack of jobs in US" would be a good enough reason to delay the stamping ? Apparently the job offer on which the visa was applied in 2007 dried out in 2008 and can that be stated or would the embassy question if the job offer was not a stable one , why did one apply for the visa ?

    Also could you let me know what is an amended petition with new start date and new salary offer.Would this be the same as a new petition or would this be faster and cheaper than a new petition.Pls let me know
    Thanks
    Alex




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  • funny
    08-13 12:41 PM
    Hi Folks

    I have 2 Approved I140's.

    EB3-I PD oct 10, 2003 - Approved - TSC
    EB2-I PD July 6th 2006 - Approved - NSC

    I filed my 485 on july 2nd 2007 - TSC

    RD July 2 2007
    ND Aug 16th 2007.

    My 485 is based on the EB3 I140, My lawyer sent a Letter to TSC on June 19 2008 request to interfile/PD recapture, I saw soft LUD on my 485/140/131/765 on june 23 2008 since then we have not recievd any +ve information about it. Now with the release of Sep 08 bulletin, My EB2 date is current by itself without without any interfiling/PD porting.

    I have called USCIS couple of times and every time i got the same old reply from them, "The IO will pick up the most favourable PD for your case." The sad thing is that the IO's are not touching the case. What are the options i have, Do you think they will pick up my 485 based on the Eb2 - 140 automatically since it has become current, Or it will still have to go thru the interfiling/PD Porting/PD recapture/140 amendment..../WHATEVER.

    Thanks



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  • seahawks
    07-27 03:13 PM
    Even though receipts are generated based on received date, I assume they will process by priority date , if not what is use of priority date after filing I-485?
    Gurus, any body know how USCIS will process 485 applications?

    if visa dates are current or available per country limit, receive date will be, if retrogressed, the PD on or before cut off date will be the order.




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  • neeidd
    07-10 11:35 AM
    Hi,

    I got the standard RFE
    1) End date in client letter
    2) EE relationship
    3) show project validity till h extension requested( 3 years)

    RFE response to be received on or before July 10 2010

    With all problems from vendor and client i was able to get letters but my lawyer sent the packet on July 9 and when I was tracking the status it says that UPS due to some unforeseen reason will now deliver this packet on 7/12 ..2 days after deadline, the packet has sent date 7/9 and was marked next day AIR

    My question is

    ) Am I screwed in this case and my H1 is gone. current H1 period expires 07/15
    2) Or will USCIS will accept the respnse since it was posted before on 7/9

    I am so mad at my lawyer but looks like H1 is gone and I have to pack my belongings ...

    any advice please
    I think, you can still work on H1 even though your current extension is pending



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  • waitin_toolong
    08-15 06:51 AM
    and since you applications are not being filed with I-485 you will have to pay the new fee.




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  • qplearn
    10-02 03:06 PM
    Hi All

    Thanks for a great forum. I am EB3 India (PD Dec 02) with 140 approved June this year. Rumor has it that the small firm I work for, is going to be acquired by a much larger firm with thousands of employees globally. I am concerned about my ongoing GC process. First question

    Q1. What happens to my GC process?

    Considering the behemoth like size of the company that is going to acquire us I am quite sure that the GC process of the few employees from my present employer will take a back seat.

    Q2. What are the things I can do proactively.

    I have read on various threads that it is possible to join other employers and port the PD to them. But considering the fact that company that started the GC process is no longer there, how would this porting of PD with new labor, 140 etc would occur...

    I would appreciate if someone can provide answers to my questions. Thanks for taking the time to read this.

    After your I-140 is approved, according to my lawyer, the PD is yours to keep. Even if they withdraw your I-140, you get to keep your PD.

    I talked to my lawyer in the morning today, and this is precisely what he told me.



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  • geesee_99
    12-14 12:00 PM
    Any more Ideas/Advise guys?




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  • gc26
    02-05 02:09 PM
    Does the 45 day limit on being able to use a LC mean that priority dates from an approved LC and I-140 can no longer be ported when the GC process is started again through a new employer ?



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  • laborchic
    01-20 02:33 PM
    Superb new look... IV gets a facelift along with the nation..
    :)




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  • s416504
    08-13 02:29 PM
    Thanks for Prompt reply.
    My application got delivered at 11:31 & Received by B GERKENSMEYER.
    Do u think I shoould file again using Lawyer before Aug 17?




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  • snathan
    02-23 06:53 PM
    I successfully ported from EB3 to EB2 in the same company while on EAD

    Now i am working on the new Eb2 position using the EAD obtained from the EB3 position. I have still not filed my Eb2 485 since dates are not current (priority date jan 2007)

    The new Eb2 job description was similiar to Eb3 but the difference was that now it required masters degree and 1 year experience. This is becasue of more resposnitlity and supervisory role in the eb2 position. Also natural progression...

    I qualified for the Eb2 position without using the Experience gained in the existing company. I had masters and previous experience which was used for qualification....


    Also the older Eb3 position does not exist as it was modified to the new Eb2 position as the role now required more complexity...

    Sharing my experience and wondering if everything is ok with my current situation? I do not have a h1b. I still work on EAd obtained from the Eb3 app and travel on AP and have not had any issues yet....

    Porting is not walk in the park anymore. USCIS is scrutizing everything...you should be ok as long as everything is documented properly. Keep us posted.




    puddonhead
    07-24 04:44 PM
    Hey, what is the cash back rate? 1%, 2%? Is there any limit?

    Platinum amex, for first 2 years of membership, gives me 3 thankyou points per $ spent (5 for bonus categories of gas, supermarket and drugstore). Premierpass I think is 1 and 3 (not sure).

    I think there is an annual limit per year - never needed to worry about it.

    You should be able to find the details at citibank.com.

    I personally use Platinum amex as my primary card and premierpass elite as the secondary for places where American Express is not accepted. I've already got > $1400 in GCs and other stuff from thankyou network between myself and my wife. This $1400 includes the $500 from airline bonus points for my india trip.




    frostrated
    10-26 02:07 PM
    EAD is required for only working IN the country. If you want to work for a company office that is located in the US, but perform the work remotely, then you need to have a legal status in the country where you are going to stay. The taxes you pay will be in the city where the office is located, not where you perform the work remotely. Just keep your EAD and AP current, and visit the US every now and then so as not to jeopardize your 485 application.



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