uma001
05-24 09:44 AM
Here is my case:
MS (computer engg) in US
US IT experience more than 6 years
No TOEFEL ( what native english speaker??)
Worked in high growth technology/employer (I assume)
come under STEM.
My employer is sponsering my green card
How many points will i get??
MS (computer engg) in US
US IT experience more than 6 years
No TOEFEL ( what native english speaker??)
Worked in high growth technology/employer (I assume)
come under STEM.
My employer is sponsering my green card
How many points will i get??
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dhesha
11-17 02:53 PM
Nope. That is not true. Either the company/lawyer is screwing your friend!
You can avoid the waiting period by using "Notice and Consider".
I had the same experience with FDBL lawyers, those guys were awful.
Luckily BAL took over, and they mentioned about "Notice and Consider" and did make use of that for labor filing.
Hope this helps.
It is true and company never files new labor when layoff happens. Almost all companies do wait for at least 6 months after layoffs and this is well know fact.
You can avoid the waiting period by using "Notice and Consider".
I had the same experience with FDBL lawyers, those guys were awful.
Luckily BAL took over, and they mentioned about "Notice and Consider" and did make use of that for labor filing.
Hope this helps.
It is true and company never files new labor when layoff happens. Almost all companies do wait for at least 6 months after layoffs and this is well know fact.
chantu
07-16 03:12 PM
Admin :
This kind of question should be banned. You should have some self-respect and show the same towards your native country. If you know you can do it, whats the point of making it public. Go get it done. Are you asking IV to pay the sum on your behalf also ?
Unfortunately, this is the fact in our country. But the thing is he will get it by spending Rs.100 - Rs.200. Here, after spending $10,000 legally for GC..it is nowhere in sight.
This kind of question should be banned. You should have some self-respect and show the same towards your native country. If you know you can do it, whats the point of making it public. Go get it done. Are you asking IV to pay the sum on your behalf also ?
Unfortunately, this is the fact in our country. But the thing is he will get it by spending Rs.100 - Rs.200. Here, after spending $10,000 legally for GC..it is nowhere in sight.
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div_bell_2003
01-06 01:55 PM
Interesting read since my lawyer had informed me specifically that the CBP officer at POE is not supposed to lift one copy of advanced parole, he's supposed to stamp it and hand it back over to me and make a copy for his own records. They have also told me that if a CBP officer looks to lift a copy, we should politely ask him/her if there is any specific reason he needs an original and can't make a copy.
On the same note, if every time they lift a copy, then how can one make more than say 2 trips on one AP ? I have seen lots of people using AP for business travel and they do make more trips.
You need both copies of the AP. The IO will keep one copy and stamp the other one and return it. When I got back to the USA in December 2008, my POE was Miami. My lawyer had told me to take both copies of the AP with me.
When I was in the Secondary room, there was another person who had only one copy of the AP. The IO asked him for the other copy. The dude told the IO that he had only one copy and the lawyer had told him that one copy is enough (you could see that he was nervous). The IO sarcastically told him to change his lawyer. The dude then said that he was not planning on traveling anytime before the expiry of the AP and said that the IO could keep the copy he had submitted. The IO again wryly told him that things don't work that way. He told the dude to take a seat and he wold see what he could do (the IO was actually polite all the time to this dude - even thought he sounded sarcastic at times - especially when he said "I would not waste any more money on this lawyer"). To make a long story short, I saw him get his stamped AP back and we left the room at around the same time).
My advise to you is - take both the copies - you will not regret it.
On the same note, if every time they lift a copy, then how can one make more than say 2 trips on one AP ? I have seen lots of people using AP for business travel and they do make more trips.
You need both copies of the AP. The IO will keep one copy and stamp the other one and return it. When I got back to the USA in December 2008, my POE was Miami. My lawyer had told me to take both copies of the AP with me.
When I was in the Secondary room, there was another person who had only one copy of the AP. The IO asked him for the other copy. The dude told the IO that he had only one copy and the lawyer had told him that one copy is enough (you could see that he was nervous). The IO sarcastically told him to change his lawyer. The dude then said that he was not planning on traveling anytime before the expiry of the AP and said that the IO could keep the copy he had submitted. The IO again wryly told him that things don't work that way. He told the dude to take a seat and he wold see what he could do (the IO was actually polite all the time to this dude - even thought he sounded sarcastic at times - especially when he said "I would not waste any more money on this lawyer"). To make a long story short, I saw him get his stamped AP back and we left the room at around the same time).
My advise to you is - take both the copies - you will not regret it.
more...
h4visa
07-27 12:24 PM
Can someone go fr 2 jobs after EAD approval( i will use my EAD). Is is required that the job description of these jobs has to be same as filed in the application ? appreciate your help
bestia
08-08 09:08 PM
...you can also consider getting married :) which will open up more options for you
... as well as closing down many other... ;)
... as well as closing down many other... ;)
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chunky
07-26 03:21 PM
We are planning to go India in October (after receipt of 185). If I apply for change of status it will be cancelled because she left country before aprooval".
I was thinking if we do not get AP by then she can go to embassy and request for H4 visa. Will it be fine. I am asking too many questions
Quote"As far as I know, if a 485 is pending, a person can continue to be in the US without a visa. So she would not require a H-4.
All the same, I would still get a H-4 as this will be advantageous as,
1. Your receipt has not yet arrived. What if the Application is rejected for initial evidence problem?
2. AP takes a long time to come and she has to make an urgent trip back home?
3. 485 gets denied by mistake. She has to have a valid status to fall back on, so you can file motion to reopen, etc.
The chances of any of the above happening are low, but it is better to anticipate trouble and be as prepared as we can."
I was thinking if we do not get AP by then she can go to embassy and request for H4 visa. Will it be fine. I am asking too many questions
Quote"As far as I know, if a 485 is pending, a person can continue to be in the US without a visa. So she would not require a H-4.
All the same, I would still get a H-4 as this will be advantageous as,
1. Your receipt has not yet arrived. What if the Application is rejected for initial evidence problem?
2. AP takes a long time to come and she has to make an urgent trip back home?
3. 485 gets denied by mistake. She has to have a valid status to fall back on, so you can file motion to reopen, etc.
The chances of any of the above happening are low, but it is better to anticipate trouble and be as prepared as we can."
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sathishav
03-07 01:39 PM
To remain in status, please file asap. large companies, do revoke H1 after layoffs.
If you don't get laid off, you can just ignore the H1 you filed. its also a challenge to get H1 sponsors these days.
If you don't get laid off, you can just ignore the H1 you filed. its also a challenge to get H1 sponsors these days.
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ttdam
10-02 04:42 PM
EB2 or EB3 ?
I m tensed based on your experience,
How big is the company (your H1 employer) in terms of employees and revenue ?
Thanks for sharing the info.
I m tensed based on your experience,
How big is the company (your H1 employer) in terms of employees and revenue ?
Thanks for sharing the info.
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h1techSlave
10-01 11:02 AM
I just wanted to point out that a delayed FBI name check is useless any way.
If the purpose of the name check is to identify criminals, that process must be completed within a few hours. If the checking process takes more than 24 hours, than what is the use of the check?
Currently the FBI name check system is a bonanza for a criminal. He/She will have 2 - 3 years to commit the crime, before the FBI catches up with him/her.
I think the system was originally designed to check the names of people outside the country. In that case, a delay is not at all harmful.
If the purpose of the name check is to identify criminals, that process must be completed within a few hours. If the checking process takes more than 24 hours, than what is the use of the check?
Currently the FBI name check system is a bonanza for a criminal. He/She will have 2 - 3 years to commit the crime, before the FBI catches up with him/her.
I think the system was originally designed to check the names of people outside the country. In that case, a delay is not at all harmful.
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dealsnet
07-23 02:12 PM
See this thread for it.
http://immigrationvoice.org/forum/forum105-immigrant-visa/200436-abandoning-aos-how-to-withdraw-i-485-options.html#post528499
In the stated situation, I would opt for changing the I-485 case to consular processing.
http://immigrationvoice.org/forum/forum105-immigrant-visa/200436-abandoning-aos-how-to-withdraw-i-485-options.html#post528499
In the stated situation, I would opt for changing the I-485 case to consular processing.
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snram4
02-27 09:37 AM
Though Ron Hira is in anti immigrant side a few points are correct. Companies like TCS,Wipro and Infosys are not processing green cards. Also their pay is much less than the employees who are processing green cards. Even we can compare with Current IV members. I am sure 90% IV members will be getting more than TCS or infosys pay. No one can deny that. Of course TCS,Infosys are paying more than or equal to DOL specified pay but they beat other companies just by cost . Also those companies main aim is to outsource the jobs and that may end up in losing jobs from USA and there is no evidence that outsourcing creates more jobs in USA but quality of products might improve and might have savings in cost. At the same time those who are staying permanently here atleast some chance of creating jobs in USA directly and indirectly. Also his article supports faster green cards for high skilled persons.
As for Ron Hira, the only reason I find him playing with anti-crowd is, he like himself to be identified with some European white skinned immigrants who immigrated to this country much before these "asians/indians" immigrated to US.
No crow has ever become a pigeon by eating along with pigeons.
As for Ron Hira, the only reason I find him playing with anti-crowd is, he like himself to be identified with some European white skinned immigrants who immigrated to this country much before these "asians/indians" immigrated to US.
No crow has ever become a pigeon by eating along with pigeons.
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BimmerFAn
06-23 06:48 PM
I you're right about that! At least that takes all this immigration stuff off my plate. It would be nice not to have to worry about having to go back to a country I don't even know anymore. I came to the US (legally) when I was 10 and now im approaching my mid 20s. I don't think the DREAM act if passed would even apply to me.. which is BS but that's another discussion all together.
Anyways... I would still like someone to give me a more definitive answer about possibly qualifying for EB2. My impression is that since most people my level have a Masters and it was an implied requirement that could be substituted with a Masters equivalent than wouldn't it stand to reason that I have a great shot at EB2. It's impossible to get a CPA License in my state without having a Masters in accounting or a Bachelor's degree ant 150 credits + experience. It's not "unskilled labor". The CFA is even crazier.
Anyways... I would still like someone to give me a more definitive answer about possibly qualifying for EB2. My impression is that since most people my level have a Masters and it was an implied requirement that could be substituted with a Masters equivalent than wouldn't it stand to reason that I have a great shot at EB2. It's impossible to get a CPA License in my state without having a Masters in accounting or a Bachelor's degree ant 150 credits + experience. It's not "unskilled labor". The CFA is even crazier.
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fide_champ
03-28 05:59 PM
Based on the information, it seems like the consulate is not convinced about the employment or the client letter was not sufficient to prove the employment. You might have to seek help from lawyer sheela murthy to find out what the US consular is looking for in a client letter.
I wouldn't suggest a visitor visa as it might signal other intentions. They probably are aware that you can apply change of status(I-539) from B2 to H4. Consult lawyer murthy and try the H4 once again.
I wouldn't suggest a visitor visa as it might signal other intentions. They probably are aware that you can apply change of status(I-539) from B2 to H4. Consult lawyer murthy and try the H4 once again.
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helph1b
08-28 07:03 AM
Hi Vani,
Even I have not yet received receipt number for the H1 application filed on 7-April-2009 by my employer in NJ USA. I was also given fedex tracking number for the application that was sent on 7-April-2009. But there is really no clue if the packet sent was really mine. So we are hopeless.
Are you still in contact with your employer about the H1 application case?
Let me know if you get any updates.
Even I have not yet received receipt number for the H1 application filed on 7-April-2009 by my employer in NJ USA. I was also given fedex tracking number for the application that was sent on 7-April-2009. But there is really no clue if the packet sent was really mine. So we are hopeless.
Are you still in contact with your employer about the H1 application case?
Let me know if you get any updates.
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Jaime
08-06 02:16 PM
On the money, perfectly described. good choice of words.
Agreed, perfect response. At least some Senators are talking about this. Let us be optimistic and stay on it!
Agreed, perfect response. At least some Senators are talking about this. Let us be optimistic and stay on it!
more...
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mmaxima
08-21 04:24 PM
From http://immigrationvoice.org/index.php?option=com_content&task=view&id=56&Itemid=25
"The annual limit for EB visa numbers is 140,000. This number also includes the dependents of an EB applicant. In addition there is a per-country limit set at 7% of the total."
That's provided that India gets 7%. ROW is in retrogression as well. The visa number is divided among all country. 7% rule only apply when visa number is abundant otherwise it's shared.
"The annual limit for EB visa numbers is 140,000. This number also includes the dependents of an EB applicant. In addition there is a per-country limit set at 7% of the total."
That's provided that India gets 7%. ROW is in retrogression as well. The visa number is divided among all country. 7% rule only apply when visa number is abundant otherwise it's shared.
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wikipedia_fan
04-09 03:04 PM
Guys and Gals,
I heard this from immigrant coworkers in my company (Consulting company with 1000+ consultants in USA, 15000+ all over the world), I�m hearing that employees are forced to us EAD instead of renewing H1B visa. Funny part here is, they did not pay for filing I485, all expenses including medical were paid by the employee.
Now they say that they will reimburse EAD filing expense and trying to force employees to use EAD once H1B expires.
Questions:
Is this legal?
Is it a common practice?
Assuming it�s legal and employees have no other choice other than using EAD, I�ve couple more questions.
If for some reason, I485 is denied and you challenge the decision using MTR, will you still be legal status if the MTR process takes several months?
Is there a limit on how many times you can challenge USCIS decision? If they reject your application 10 times and you know the reason they rejected each time is incorrect, do you get to challenge them if you have enough evidence that your application was rejected incorrectly?
Thanks for your time.
If you are past 180 days after filing 485 and 140 approved, nothing stops you from looking for employment elsewhere.
It all depends on your comfort levels - if you want to stick with this employer - you may - does not matter if it is h1b or EAD. If you want to move, you can.
a 140 revoke triggers a 485 denial - some officers do not go through the AC21 process and immediately issue a denial notice.
The law states that you have the right to file for MTR if you think there are facts ignored by the officer.
It all depends on the timing of denial. If during the denial you are out of country - there is no way to do MTR so it depends on luck too.
Working after an erroneous denial is an ambiguous call. The law allows you to file for an MTR, so why not just keep working?
Usually upto 180 days of stay without status is covered by 245K, but as of this date, there has not been any RFEs for status because one filed MTR and waited.
Please talk to an experienced immigration Attorney and they can explain all this stuff.
I heard this from immigrant coworkers in my company (Consulting company with 1000+ consultants in USA, 15000+ all over the world), I�m hearing that employees are forced to us EAD instead of renewing H1B visa. Funny part here is, they did not pay for filing I485, all expenses including medical were paid by the employee.
Now they say that they will reimburse EAD filing expense and trying to force employees to use EAD once H1B expires.
Questions:
Is this legal?
Is it a common practice?
Assuming it�s legal and employees have no other choice other than using EAD, I�ve couple more questions.
If for some reason, I485 is denied and you challenge the decision using MTR, will you still be legal status if the MTR process takes several months?
Is there a limit on how many times you can challenge USCIS decision? If they reject your application 10 times and you know the reason they rejected each time is incorrect, do you get to challenge them if you have enough evidence that your application was rejected incorrectly?
Thanks for your time.
If you are past 180 days after filing 485 and 140 approved, nothing stops you from looking for employment elsewhere.
It all depends on your comfort levels - if you want to stick with this employer - you may - does not matter if it is h1b or EAD. If you want to move, you can.
a 140 revoke triggers a 485 denial - some officers do not go through the AC21 process and immediately issue a denial notice.
The law states that you have the right to file for MTR if you think there are facts ignored by the officer.
It all depends on the timing of denial. If during the denial you are out of country - there is no way to do MTR so it depends on luck too.
Working after an erroneous denial is an ambiguous call. The law allows you to file for an MTR, so why not just keep working?
Usually upto 180 days of stay without status is covered by 245K, but as of this date, there has not been any RFEs for status because one filed MTR and waited.
Please talk to an experienced immigration Attorney and they can explain all this stuff.
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imneedy
02-04 10:27 AM
Today is the 22nd calendar day.
Shahuja,
Is this your first time application for H1 or is it a renewal?
Its been over 3 weeks since my wife have H4 interview and the passport is still under "admin processing".
Raju,
Is this your wife's first time application for H4 or is it a renewal?
Shahuja,
Is this your first time application for H1 or is it a renewal?
Its been over 3 weeks since my wife have H4 interview and the passport is still under "admin processing".
Raju,
Is this your wife's first time application for H4 or is it a renewal?
amitjoey
10-23 11:57 AM
No question is stupid, we are all learning and there are always these complex and everchanging provisions. I-140 Premium is not available as of now. It could change anytime. Is $1000.00 Lawyers fees? for filing I-140? COs s/he cannot ask for PP fees. Go to USCIS home page to figure out what the I-140 and I-485 FEES are and add your lawyers fees to it to get an approximate total.
Depends on the center, Texas or Nebraska, I-140 approval takes anywhere between 2months and 14 months. Nebraska is taking 14 months.
With an older PD, you are very certain to get GC within the next 3-6 months if you do not get stuck in name check and if your I-140 gets cleared.
Do not lose hope.
I apologize from the beginning if I�m asking some stupid questions but I�m really confused after I read all those I-140 issues posted on this forum.
I just received today my LC after a long wait in backlog from 04/2001.
1. My lawyer is asking me for $1000.00 premium processing fee and some documents from my employer for this PP for I-140. Is it still available?
2. How long will be until this I-140 gets approved? Anyone who did this lately?
3. I�m filling I-140 together with I-485. It matters, time PP wise?
4. Is there another�next step� towards the GC or just wait for those to be approved?
5. I�m so �squeezed� on my wallet, how much money will be still needed until the GC is in my hand?
I paid so far more then 35G. - The previous �steps� in processing fees and lawyer�s fees.
I would really appreciate some honest answers; I�m seriously thinking to go back to my country if the GC will be too far away.
Thank you guys for your attention and thanks IV for the good work done so far.
:)
Depends on the center, Texas or Nebraska, I-140 approval takes anywhere between 2months and 14 months. Nebraska is taking 14 months.
With an older PD, you are very certain to get GC within the next 3-6 months if you do not get stuck in name check and if your I-140 gets cleared.
Do not lose hope.
I apologize from the beginning if I�m asking some stupid questions but I�m really confused after I read all those I-140 issues posted on this forum.
I just received today my LC after a long wait in backlog from 04/2001.
1. My lawyer is asking me for $1000.00 premium processing fee and some documents from my employer for this PP for I-140. Is it still available?
2. How long will be until this I-140 gets approved? Anyone who did this lately?
3. I�m filling I-140 together with I-485. It matters, time PP wise?
4. Is there another�next step� towards the GC or just wait for those to be approved?
5. I�m so �squeezed� on my wallet, how much money will be still needed until the GC is in my hand?
I paid so far more then 35G. - The previous �steps� in processing fees and lawyer�s fees.
I would really appreciate some honest answers; I�m seriously thinking to go back to my country if the GC will be too far away.
Thank you guys for your attention and thanks IV for the good work done so far.
:)
aranya
07-03 05:30 PM
Who told you that you can not return when H1 transfer is pending? As long as H1B with company B was filed prior to canceling H1 from company A and H1B from company B is a bonafide job that assures H1b status, you can enter with the receipt notice itself, no need to wait for approval.
If you have to know, my company lawyer when my then H1B was currrent but expiring in a few days and extension of H1B was pending. My proposed travel was for a week-long conference in Canada.
You might have had a different experience and these forums are for sharing our experiences to help each other :)
If you have to know, my company lawyer when my then H1B was currrent but expiring in a few days and extension of H1B was pending. My proposed travel was for a week-long conference in Canada.
You might have had a different experience and these forums are for sharing our experiences to help each other :)
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