Legal
07-16 08:33 AM
Can you pick an year and month for EB2-India for the October 2008 Visa Bulletin (start of new fiscal year)?
Ron Gotcher believes EB2-India will be somewhere at 2002/2003.
Even the prediction of end of the universe could be made more accurately than what will happen to the visa bulletin. It's true there may be retrogression in Sep 08 for EB2-I, but the movements back and forth are likely to be minimal.
Ron Gotcher believes EB2-India will be somewhere at 2002/2003.
Even the prediction of end of the universe could be made more accurately than what will happen to the visa bulletin. It's true there may be retrogression in Sep 08 for EB2-I, but the movements back and forth are likely to be minimal.
wallpaper Cruising Auckland New Zealand
jung.lee
03-03 01:22 PM
Thanks for responding to my post.
The Forum post on the link says that its not necessary to have the same or similar job description when working on EAD. What will happen when I ask for EAD renewal?
Also, what will happen when my Priority date becomes current? Will I be able to get a GC thru this I-485 since I have left the employer who filed my GC?
I should clarify that is "better" to have same or similar job when you are on EAD so that you labor certification-based green card application has a good standing if it is challenged at any point by the USCIS - it is a safe bet if you have a similar job. When I say it is not a necessary condition - it means that you can get any job you like, since there is nothing noted on the EAD application like it is on H1-B (with specific wage and job descrition) and if there is a challenge to your application by the USCIS, your attorney might be able to find reasons to justify why you are not in a same or similar job.
Again, to reiterate, as far as I remember, EAD renewal does not ask for job description. It is a simple application to issue an new card.
Since your I-140 has been approved for more than 6 months, you are within your legal portability rights (so called AC-21 clause) to switch employers without jeopardizing your pending adjustment of status "AOS" I-485.
My understanding is that one of two things might happen- either you will get an RFE or not. RFE can be triggered by many factors including notification from your previous employer to USCIS revoking the H1-B or other issues, including simple things like address changes. You can either provide AC-21 letter from your new employer when you get the RFE or do it proactively - listen to your attorney's advice on this.
If no RFE and priority date is current, you should get your GC as if nothing else happened. If priority date is current and at the time of GC adjudication there is an RFE, your attorney should be able to help you respond.
Don't sweat things too much - a lot of people have experienced life after the protective umbrella of H1-B and it is much nicer out here in the sun :)
Just get a good attorney to represent you personally in case your new emplyer does not have an immigration attorney on retainer for other immigrant employees.
The Forum post on the link says that its not necessary to have the same or similar job description when working on EAD. What will happen when I ask for EAD renewal?
Also, what will happen when my Priority date becomes current? Will I be able to get a GC thru this I-485 since I have left the employer who filed my GC?
I should clarify that is "better" to have same or similar job when you are on EAD so that you labor certification-based green card application has a good standing if it is challenged at any point by the USCIS - it is a safe bet if you have a similar job. When I say it is not a necessary condition - it means that you can get any job you like, since there is nothing noted on the EAD application like it is on H1-B (with specific wage and job descrition) and if there is a challenge to your application by the USCIS, your attorney might be able to find reasons to justify why you are not in a same or similar job.
Again, to reiterate, as far as I remember, EAD renewal does not ask for job description. It is a simple application to issue an new card.
Since your I-140 has been approved for more than 6 months, you are within your legal portability rights (so called AC-21 clause) to switch employers without jeopardizing your pending adjustment of status "AOS" I-485.
My understanding is that one of two things might happen- either you will get an RFE or not. RFE can be triggered by many factors including notification from your previous employer to USCIS revoking the H1-B or other issues, including simple things like address changes. You can either provide AC-21 letter from your new employer when you get the RFE or do it proactively - listen to your attorney's advice on this.
If no RFE and priority date is current, you should get your GC as if nothing else happened. If priority date is current and at the time of GC adjudication there is an RFE, your attorney should be able to help you respond.
Don't sweat things too much - a lot of people have experienced life after the protective umbrella of H1-B and it is much nicer out here in the sun :)
Just get a good attorney to represent you personally in case your new emplyer does not have an immigration attorney on retainer for other immigrant employees.
optimist578
03-07 12:43 PM
Q1: Yes
Q2: I-140 does not include any dependents. Without visa availability Child protection act does not work.
I guess that leaves only two options. Either leave US or file for his/her own Green Card application. Too bad.
Q2: I-140 does not include any dependents. Without visa availability Child protection act does not work.
I guess that leaves only two options. Either leave US or file for his/her own Green Card application. Too bad.
2011 Auckland Harbour Bridge New
namm80
11-19 10:55 PM
dpp: did you open a SR or contact USCIS that you think might have expedited your FP? Also, what was the timeline of your case Xfr from CSC back to NSC? Also, is your FP scheduled at an ASC in CA Bay area? Pleasr provide more information.
I have got FP appt notice 7 days back. I am July 2nd filer, filed at NSC, but transferred to CSC and then back to NSC. Also, got AP and EAD approved long time back from CSC.
I have got FP appt notice 7 days back. I am July 2nd filer, filed at NSC, but transferred to CSC and then back to NSC. Also, got AP and EAD approved long time back from CSC.
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la6470
10-18 04:23 AM
The media caters to its audience just like any other business nterested in its own customers. When markets worldwide rise or fall in response to election results in India, it gets major media attention everywhere because the audience is interested. Diwali is as unimportant in America as Thanksgiving in the U.K. There is no point fretting over it. Diwali could become newsworthy when people globally start tracking shopping sales in India since their businesses might depend on them. It's better to sharpen our skills so that we can seamlessly join the global highway than to sit on the sides cursing those passing by that they don't care about us.
Strangely google.com did show a logo in 2008 .. I wonder what made them feel that their audience has changed? Is it a sign that immigrants from India are becoming increasingly irrelevant or the numbers are dwindling or there is simply a unofficial policy to just ignore the brownies (please no offence and dont take it too seriously) ;)
Google Holiday Logos: 2008 October - December (http://www.google.com/logos/logos08-4.html)
Strangely google.com did show a logo in 2008 .. I wonder what made them feel that their audience has changed? Is it a sign that immigrants from India are becoming increasingly irrelevant or the numbers are dwindling or there is simply a unofficial policy to just ignore the brownies (please no offence and dont take it too seriously) ;)
Google Holiday Logos: 2008 October - December (http://www.google.com/logos/logos08-4.html)
lrindy
10-05 03:39 PM
One of my colleagues got audit for two consecutive years and he received his green card last month.
I can back that one up. We received audit August 13 for 2005. Had to prove we are married & kids live with us. When called and spoke to officer she said it was an "INS flag"! Honest to God that is what she said. She then asked if we had applied in the last couple of months for 485's??? She knew all about the USCIS system and said one way of telling is if you file jointly at the same address each year then why would IRS be asking for proof of marriage and kids living there etc. She was great and confirmed they had received all paperwork. Had to resend due to liquid being spilled on copies.... Even H&R Block said it was INS based.
Then we get 4 out of 5 EAD's approved, but spouse gets RFE and it is proof of name change please resubmit marriage certificate!
Cheers,
LRIndy
I can back that one up. We received audit August 13 for 2005. Had to prove we are married & kids live with us. When called and spoke to officer she said it was an "INS flag"! Honest to God that is what she said. She then asked if we had applied in the last couple of months for 485's??? She knew all about the USCIS system and said one way of telling is if you file jointly at the same address each year then why would IRS be asking for proof of marriage and kids living there etc. She was great and confirmed they had received all paperwork. Had to resend due to liquid being spilled on copies.... Even H&R Block said it was INS based.
Then we get 4 out of 5 EAD's approved, but spouse gets RFE and it is proof of name change please resubmit marriage certificate!
Cheers,
LRIndy
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ita
11-14 02:52 PM
Those giving the interview please make sure that the point that you put across is that though you lost job . could get another one but couldn't take it up/apprehensive about taking it up because of the AC21 uncertainty/GC uncertainty.
(Home owners)
Because of the above reason there is this confusion for the immigrant house owners which is forcing the foreclosure (like the post by alrbertpinto suggests)which wouldn't happen if the GC process was smooth and less time consuming.
If not careful about what should be highlighted and put across in the interview there is a chance of people picking up just three words "immigrants" "jobloss" "foreclosure" and start making unfair/unnecessary accusations like:
' Immigrants are contributing to foreclosures/housing crisis
What are the immigrants that lost jobs doing here when many of the citizens are losing jobs and are not able to find new jobs'
I'm not sure if this post will be any helpful but I just wanted to share these thoughts after reading the posts in this thread.
Thank you.
this point will be useful when finding a person who meets the criteria for the interview - atleast he/she should mention the point mentioned below ..and this has happened to many immigrants (i.e. their houses go to foreclosure as they have to leave the country because of GC delays).
-------
if the person (the one who will give interview) has lost his job and there is a danger that he will go out of status and this may/will cause his house to go to foreclosure.
the reporter can then get more attention by showing how GC delay is contributing to foreclosure crisis ..as more legal immigrants end up leaving their houses etc etc.
----
I am writing this in a hurry but I hope my point is clear ..actually few months back I read a post in IV from a Italian lady who was facing the above issue
(Home owners)
Because of the above reason there is this confusion for the immigrant house owners which is forcing the foreclosure (like the post by alrbertpinto suggests)which wouldn't happen if the GC process was smooth and less time consuming.
If not careful about what should be highlighted and put across in the interview there is a chance of people picking up just three words "immigrants" "jobloss" "foreclosure" and start making unfair/unnecessary accusations like:
' Immigrants are contributing to foreclosures/housing crisis
What are the immigrants that lost jobs doing here when many of the citizens are losing jobs and are not able to find new jobs'
I'm not sure if this post will be any helpful but I just wanted to share these thoughts after reading the posts in this thread.
Thank you.
this point will be useful when finding a person who meets the criteria for the interview - atleast he/she should mention the point mentioned below ..and this has happened to many immigrants (i.e. their houses go to foreclosure as they have to leave the country because of GC delays).
-------
if the person (the one who will give interview) has lost his job and there is a danger that he will go out of status and this may/will cause his house to go to foreclosure.
the reporter can then get more attention by showing how GC delay is contributing to foreclosure crisis ..as more legal immigrants end up leaving their houses etc etc.
----
I am writing this in a hurry but I hope my point is clear ..actually few months back I read a post in IV from a Italian lady who was facing the above issue
2010 Auckland, New Zealand
permfiling
12-11 04:00 PM
I did not like the idea of getting a red dot inspite of contributing $500 to IV. This is not a good idea of IV to flag members. I will take this up with my state chapter.
Member of North California
Member of North California
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kak1978
06-16 01:34 PM
Try one of your local banks, and a walk in might help get answers while you are there. Recently a friend got a good rate from a local bank.
hair of Auckland, New Zealand,
saketkapur
10-26 02:41 PM
consult a good immigration attorney.....they know how to navigate the legal mumbo jumbo and what kind of response that needs to be sent.....
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Macaca
01-25 10:47 AM
Hi Macaca:
USCIS cannot reject PERM as USCIS has nothing to do with PERM. PERM is done by the dept of labor, and this agency is not part of USCIS.
In terms of PERM, PERM is not considered an "immigrant petition" and thus would not be deemed as violation of status. PERM is berely the assurance there is no workers who want to take the job in the position beeing sought. Note, that when you go for a visa, one of the questions asked is, Have you ever filed an immigrant visa petions, or has an immigrant visa petiion was ever filed on your behalf?"
The law finds an immigrant petion only when one applies via I130 (family based immigrant petition" or I140 (employment based immigrant petition). Only filing of IMMIGRANT PETITION would constituate a violation of one's non-immigrant intent and status.
I went for consular approval last year. At that time I had applied for LC. The form had the question Have you ever filed an immigrant visa petion, or has an immigrant visa petiion was ever filed on your behalf? My attorney told me to say No.
USCIS has F1 file. Why did they not reject I-140?
USCIS cannot reject PERM as USCIS has nothing to do with PERM. PERM is done by the dept of labor, and this agency is not part of USCIS.
In terms of PERM, PERM is not considered an "immigrant petition" and thus would not be deemed as violation of status. PERM is berely the assurance there is no workers who want to take the job in the position beeing sought. Note, that when you go for a visa, one of the questions asked is, Have you ever filed an immigrant visa petions, or has an immigrant visa petiion was ever filed on your behalf?"
The law finds an immigrant petion only when one applies via I130 (family based immigrant petition" or I140 (employment based immigrant petition). Only filing of IMMIGRANT PETITION would constituate a violation of one's non-immigrant intent and status.
I went for consular approval last year. At that time I had applied for LC. The form had the question Have you ever filed an immigrant visa petion, or has an immigrant visa petiion was ever filed on your behalf? My attorney told me to say No.
USCIS has F1 file. Why did they not reject I-140?
hot Auckland, New Zealand,
JAWAD
05-03 09:07 AM
Don't lose focus of what we are trying to do here. Let's not get caught in the hysteria of media exposure. Our cause is just and our demands are reasonable. They are demands that most Americans would sympathize with if they were properly informed. So, let's stay above board on this. Let's be the smart and educated bunch that we are and be saavy and articulate - This means laying our case to responsible and respectable members of the media and not rabid pundits and ideologues.
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house Auckland New Zealand has
sanjay
02-21 11:12 AM
Hi,
My company is asking me to pay the extension fees for 3rd term with same company. I had approved 140. In USCIS receipt it says amount received: $320. Then why I am asked to pay $1820. Is the $1500 towards training is to be paid by employee or employer?
My company is asking me to pay the extension fees for 3rd term with same company. I had approved 140. In USCIS receipt it says amount received: $320. Then why I am asked to pay $1820. Is the $1500 towards training is to be paid by employee or employer?
tattoo New Zealand - Assorted Photos
sanju
04-04 01:28 PM
BTW, I am not on "L" visa so plese don't make it sound like L1 V/s H1.
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pictures New Zealand Auckland location
485Mbe4001
05-24 06:20 PM
They can do a lot. on monday one mentioned that listeners should call a particular senators office and state their opinion against the bill, by tuesday 7000 had called the office.
Hello All,
My take: these talk radio hosts cannot do anything for our cause. They spend all the time in radio. Only lobbying works and that too a focussed effort. Our focus must be in getting the message across to the Judiciary Commitee members, then as many senators as possible. Next step will be with the house members and this is the most difficult task.
IV is doing this and the results are there in the form of amendments. On another track, Sen Cornyn has introduced a good point in his SKIL bill Section 402. This I am sure is the result of letter from someone affected by retrogression / backlog.
So, we can get results only by presenting our problems directly to Senators and Congressman.
Hello All,
My take: these talk radio hosts cannot do anything for our cause. They spend all the time in radio. Only lobbying works and that too a focussed effort. Our focus must be in getting the message across to the Judiciary Commitee members, then as many senators as possible. Next step will be with the house members and this is the most difficult task.
IV is doing this and the results are there in the form of amendments. On another track, Sen Cornyn has introduced a good point in his SKIL bill Section 402. This I am sure is the result of letter from someone affected by retrogression / backlog.
So, we can get results only by presenting our problems directly to Senators and Congressman.
dresses Auckland, New Zealand Location
mygc2006
03-25 12:44 PM
H1 ext Applied : Nov 4th 2007
Approved (for 3 years): Mar 24th 2008
this is my 8th year extension
Approved (for 3 years): Mar 24th 2008
this is my 8th year extension
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makeup Auckland - The Coastal Classic
bestofall
06-20 10:20 AM
simple action item , worked on this morning !
Nice approach --
Thanks
bestOfall
Nice approach --
Thanks
bestOfall
girlfriend Auckland, New Zealand
kumarc123
11-24 10:31 AM
Listen,
What difference does it make if it is EB@ or EB3, the point is, we should stand UNITED we all benefit. If the recapture visa bill passes, then we all will benefit.
Please don't post any more viewpoints stating " I wont fight"
It is your loss and everyone's . If you choose to step out of IV and fight all by yourself, I wish you all the best.
We senior members have been fighting for the greater cause, it for you junior members to carry this forward. The foundation of IV has to be strong, it has been strong.
IV has not patience for people who want to discriminate between EB2 or EB3, we need people who see a broader perspective of things, EB community as a whole.
If the recapture visa bill passes, think we all will benefit, will we still question about EB2 or EB3.
Please be wise and be patient, we need everyone to change this system
What difference does it make if it is EB@ or EB3, the point is, we should stand UNITED we all benefit. If the recapture visa bill passes, then we all will benefit.
Please don't post any more viewpoints stating " I wont fight"
It is your loss and everyone's . If you choose to step out of IV and fight all by yourself, I wish you all the best.
We senior members have been fighting for the greater cause, it for you junior members to carry this forward. The foundation of IV has to be strong, it has been strong.
IV has not patience for people who want to discriminate between EB2 or EB3, we need people who see a broader perspective of things, EB community as a whole.
If the recapture visa bill passes, think we all will benefit, will we still question about EB2 or EB3.
Please be wise and be patient, we need everyone to change this system
hairstyles Auckland, New Zealand
manojp4
07-19 05:12 PM
I agree that IV should be focused, but this doesn't mean that all the tasks within that focus group need to be worked on in one go. I was just suggesting that excluding dependents from visa numbers is something that we can probably add to a forthcoming bill. Or at the very least, let dependents file for I-485 without the requirement that PD of the primary applicant be current. Just think about it, the main reason why the majority of the members are happy now is because they expect to get EADs for their spouses so they can start working, not because their GCs will be obtained any sooner. Let's not forget a potentially sizable portion of our member base (whether they have already contributed is another matter, this might actually inspire them all to contribute) who while thankful to IV are unsure of what lies ahead for them and their (future) spouses.
And yes, my sympathies out to the labor backlog victims too. With hundreds of thousands of people applying for their AOS now, I wonder when they would be able to file for their I485 at all. The same question is being asked by many singles as well.
And yes, my sympathies out to the labor backlog victims too. With hundreds of thousands of people applying for their AOS now, I wonder when they would be able to file for their I485 at all. The same question is being asked by many singles as well.
sudhakar_p_v
05-28 05:51 PM
Wanted to see if there is a provision to call the lockbox facility or uscis to enquire on the status of the application.
i am worried since i have not seen any activity on this for about a 4 weeks now.
please advise.
i am worried since i have not seen any activity on this for about a 4 weeks now.
please advise.
tv25
09-16 04:18 PM
This waiver seems to be for Citizens and Green card holders right?
I have applied for 485 is this waiver applicable to me. Any thoughts?
I have applied for 485 is this waiver applicable to me. Any thoughts?