WaitingForMyGC
02-02 04:22 PM
Congrats!
But are you serious? Look at your PD ... am sure a ton of IV folks will now get mild heart attacks when they compare their PD to your PD :)
Enjoy the freedom!
-A.
I think Sharma is planted by our own EB3 community so that many EB2s can die of heart attack and their unused visa would trickle down to EB3. :)
Btw, Congratulatiions SharmaJi.
But are you serious? Look at your PD ... am sure a ton of IV folks will now get mild heart attacks when they compare their PD to your PD :)
Enjoy the freedom!
-A.
I think Sharma is planted by our own EB3 community so that many EB2s can die of heart attack and their unused visa would trickle down to EB3. :)
Btw, Congratulatiions SharmaJi.
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va_labor2002
11-09 04:04 PM
Hello Va_labor2002,
Thank for positing information about lame duck session from Mathew Oh's site. However, this is not yet a confirmed report yet. The current situation is that everybody is waiting for a decision on the length of lame duck session. If the leadership (in the congress) decides to do 6 weeks lame duck session, in that case we will get an appropriate vehicle for our provisions. But if the Senate/House leadership decides to do a 2 weeks lame duck session, in that case there would not be any bill.
We have a plan and we are on top of things. Also, please know that with your support, Immigration Voice is also growing stronger and we get more update info. But acting prematurely would not help in anyway. Webfax is a very important component of IV�s efforts. IV (and other like minded organizations) are all keeping our fingers crossed, hoping for a decision for a 6 weeks lame duck session.
Thanks,
WaldenPond
Thank you for your update. We strongly support your goals and tactics.I am very sure that we will succeed very soon.
Good luck and best wishes.
Thanks
Thank for positing information about lame duck session from Mathew Oh's site. However, this is not yet a confirmed report yet. The current situation is that everybody is waiting for a decision on the length of lame duck session. If the leadership (in the congress) decides to do 6 weeks lame duck session, in that case we will get an appropriate vehicle for our provisions. But if the Senate/House leadership decides to do a 2 weeks lame duck session, in that case there would not be any bill.
We have a plan and we are on top of things. Also, please know that with your support, Immigration Voice is also growing stronger and we get more update info. But acting prematurely would not help in anyway. Webfax is a very important component of IV�s efforts. IV (and other like minded organizations) are all keeping our fingers crossed, hoping for a decision for a 6 weeks lame duck session.
Thanks,
WaldenPond
Thank you for your update. We strongly support your goals and tactics.I am very sure that we will succeed very soon.
Good luck and best wishes.
Thanks
singhsa3
07-16 09:34 PM
red1234
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WaitingYaar
07-23 06:38 PM
The question I had was from citizen perspective not GC holder. Let's say if parents arrive on first of the month on Visitor Visa, can the citizen apply their GC next day of their arrival or if there is any wait time...
GC holders can not sponser for thier parents. Only the following peoples can apply ..
In order for a relative to sponsor you to immigrate to the United States, they must meet the following criteria:
They must be a citizen or lawful permanent resident of the U.S. and be able to provide documentation providing that status.
They must prove that they can support you at 125% above the mandated poverty line, by filling out an Affidavit of Support
The relatives which may be sponsored as an immigrant vary depending on whether the sponsor is a U.S. Citizen or a lawful permanent resident.
If the sponsor is a U.S. Citizen, they may petition for the following foreign national relatives to immigrate to the U.S:
Husband or wife
Unmarried child under 21 years of age
Unmarried son or daughter over 21
Married son or daughter of any age
Brother or sister, if the sponsor is at least 21 years old, or
Parent, if the sponsor is at least 21 years old.
If the sponsor is a lawful permanent resident, they may petition for the following foreign national relatives to immigrate to the U.S.:
Husband or wife, or
Unmarried son or daughter of any age.
In any case, the sponsor must be able to provide proof of the relationship.
Preference Categories
If you wish to immigrate as a relative of a U.S. Citizen or lawful permanent resident, you must obtain an immigrant visa number based on the preference category in which you fall.
People who want to become immigrants are classified into categories based on a preference system. The immediate relatives of U.S. citizens, which includes parents, spouses and unmarried children under the age of 21, do not have to wait for an immigrant visa number to become available once the visa petition filed for them is approved by USCIS. An immigrant visa number will become immediately available. The relatives in the remaining categories must wait for an immigrant visa number to become available according to the following preferences:
First preference: Unmarried, adult sons and daughters of U.S. citizens. Adult means 21 years of age or older.
Second Preference: Spouses of lawful permanent residents, their unmarried children (under twenty-one), and the unmarried sons and daughters of lawful permanent residents.
Third Preference: Married sons and daughters of U.S. Citizens.
Fourth Preference: Brothers and sisters of adult U.S. Citizens.
GC holders can not sponser for thier parents. Only the following peoples can apply ..
In order for a relative to sponsor you to immigrate to the United States, they must meet the following criteria:
They must be a citizen or lawful permanent resident of the U.S. and be able to provide documentation providing that status.
They must prove that they can support you at 125% above the mandated poverty line, by filling out an Affidavit of Support
The relatives which may be sponsored as an immigrant vary depending on whether the sponsor is a U.S. Citizen or a lawful permanent resident.
If the sponsor is a U.S. Citizen, they may petition for the following foreign national relatives to immigrate to the U.S:
Husband or wife
Unmarried child under 21 years of age
Unmarried son or daughter over 21
Married son or daughter of any age
Brother or sister, if the sponsor is at least 21 years old, or
Parent, if the sponsor is at least 21 years old.
If the sponsor is a lawful permanent resident, they may petition for the following foreign national relatives to immigrate to the U.S.:
Husband or wife, or
Unmarried son or daughter of any age.
In any case, the sponsor must be able to provide proof of the relationship.
Preference Categories
If you wish to immigrate as a relative of a U.S. Citizen or lawful permanent resident, you must obtain an immigrant visa number based on the preference category in which you fall.
People who want to become immigrants are classified into categories based on a preference system. The immediate relatives of U.S. citizens, which includes parents, spouses and unmarried children under the age of 21, do not have to wait for an immigrant visa number to become available once the visa petition filed for them is approved by USCIS. An immigrant visa number will become immediately available. The relatives in the remaining categories must wait for an immigrant visa number to become available according to the following preferences:
First preference: Unmarried, adult sons and daughters of U.S. citizens. Adult means 21 years of age or older.
Second Preference: Spouses of lawful permanent residents, their unmarried children (under twenty-one), and the unmarried sons and daughters of lawful permanent residents.
Third Preference: Married sons and daughters of U.S. Citizens.
Fourth Preference: Brothers and sisters of adult U.S. Citizens.
more...
karthiknv143
07-27 12:55 AM
Always try using FedEx instead of USPS........ Thats my personal experience..
saturnring11
04-05 11:34 AM
See responses to your questions below:
1) If I switch to F-1, it is easy to switch back to H-1 right? I will have a year left on my H-1B.
Answer: A change of status is easy enough to file. The issue you will run into is whether anybody other than your current employer will hire you back with just 1 year left on your H1-B.
2) This is definitely the best option. I hope my employer lets me take a 2 year leave of absence. I've heard of people taking a year but 2 years might be a challenge.
I can go to a full-time program on my H-1B but it expires on Oct 2012. I will join in Fall 2011 and graduate in 2013. What visa will I be on from 2012 to 2013? How long does it typically take to get an EAD?
Answer: It depends on your eligibility to file an adjustment of status (I-485) application. This is governed by priority dates based on your country of birth. Please read up on the Green Card process for this information.
So I just wanted to clarify - if I do not have an EAD, I can do an internship in a different division within the company but not the one I worked for?
Answer: You can get an internship within any group of your current company as long as the employer agrees. You can work for your current group.
3) OK, so it looks like the only way to make this work is to request a 2 year leave of absence.
Answer: There are alternatives for you here as well. There are some good 1 year MBA programs both here and in Europe. I attended one of the best 1 year programs in the world and have had a very positive outcome so far.
4) Do you mean a new green card application? If my green card process has already started, why will I have to file a new H-1?
Answer: No, I mean you need to file a new H1 if you don't have an EAD. It all depends where you are in the green card application process.
1) If I switch to F-1, it is easy to switch back to H-1 right? I will have a year left on my H-1B.
Answer: A change of status is easy enough to file. The issue you will run into is whether anybody other than your current employer will hire you back with just 1 year left on your H1-B.
2) This is definitely the best option. I hope my employer lets me take a 2 year leave of absence. I've heard of people taking a year but 2 years might be a challenge.
I can go to a full-time program on my H-1B but it expires on Oct 2012. I will join in Fall 2011 and graduate in 2013. What visa will I be on from 2012 to 2013? How long does it typically take to get an EAD?
Answer: It depends on your eligibility to file an adjustment of status (I-485) application. This is governed by priority dates based on your country of birth. Please read up on the Green Card process for this information.
So I just wanted to clarify - if I do not have an EAD, I can do an internship in a different division within the company but not the one I worked for?
Answer: You can get an internship within any group of your current company as long as the employer agrees. You can work for your current group.
3) OK, so it looks like the only way to make this work is to request a 2 year leave of absence.
Answer: There are alternatives for you here as well. There are some good 1 year MBA programs both here and in Europe. I attended one of the best 1 year programs in the world and have had a very positive outcome so far.
4) Do you mean a new green card application? If my green card process has already started, why will I have to file a new H-1?
Answer: No, I mean you need to file a new H1 if you don't have an EAD. It all depends where you are in the green card application process.
more...
indianindian2006
07-13 12:52 PM
gsiskind
Junior Member Join Date: Jul 2007
Posts: 5
--------------------------------------------------------------------------------
Quote:
Originally Posted by justAnotherFile
The law says the status can "be adjusted" IF
Condition A and
Condition B and
Condition C (immigrant visa number immediately vailable upon filing)
Thus if it is not immediately available upon filing the status CANNOT be adjusted, it has to be in pending status.
Nowhere does it say that a immigrant visa number is required as a pre-condition to file.
I think Greg is wrong on this one. I have posted on his blog.
-------------------------------
"(a)--Status as Person Admitted for Permanent Residence on Application and Eligibility for Immigrant Status
The status of an alien who was inspected and admitted or paroled into the United States or the status of any other alien having an approved petition for classification under subparagraph (A)(iii), (A)(iv), (B)(ii), or (B)(iii) of section 204(a)(1) or may be adjusted by the Attorney General, in his discretion and under such regulations as he may prescribe, to that of an alien lawfully admitted for permanent residence if (1) the alien makes an application for such adjustment, (2) the alien is eligible to receive an immigrant visa and is admissible to the United States for permanent residence, and (3) an immigrant visa is immediately available to him at the time his application is filed. "
Believe me, I would like to be wrong and that's why I asked people to weigh in with their views. But I think my role should be to at least offer my expertise on what might be happening and I don't the 245(a)(3) can be ignored. I think it might be possible to read 245(a)(3) as only being one way to adjust, but this is really unchartered territory and one that would mean USCIS is going fairly far out on a limb. I'm sure that my friend Lynden Melmed, the USCIS' chief counsel, is probably going nuts right now weighing what is lawful. They probably are equally concerned about the scrutiny they'll get if they take a position that is not within the bounds of the statute.
Junior Member Join Date: Jul 2007
Posts: 5
--------------------------------------------------------------------------------
Quote:
Originally Posted by justAnotherFile
The law says the status can "be adjusted" IF
Condition A and
Condition B and
Condition C (immigrant visa number immediately vailable upon filing)
Thus if it is not immediately available upon filing the status CANNOT be adjusted, it has to be in pending status.
Nowhere does it say that a immigrant visa number is required as a pre-condition to file.
I think Greg is wrong on this one. I have posted on his blog.
-------------------------------
"(a)--Status as Person Admitted for Permanent Residence on Application and Eligibility for Immigrant Status
The status of an alien who was inspected and admitted or paroled into the United States or the status of any other alien having an approved petition for classification under subparagraph (A)(iii), (A)(iv), (B)(ii), or (B)(iii) of section 204(a)(1) or may be adjusted by the Attorney General, in his discretion and under such regulations as he may prescribe, to that of an alien lawfully admitted for permanent residence if (1) the alien makes an application for such adjustment, (2) the alien is eligible to receive an immigrant visa and is admissible to the United States for permanent residence, and (3) an immigrant visa is immediately available to him at the time his application is filed. "
Believe me, I would like to be wrong and that's why I asked people to weigh in with their views. But I think my role should be to at least offer my expertise on what might be happening and I don't the 245(a)(3) can be ignored. I think it might be possible to read 245(a)(3) as only being one way to adjust, but this is really unchartered territory and one that would mean USCIS is going fairly far out on a limb. I'm sure that my friend Lynden Melmed, the USCIS' chief counsel, is probably going nuts right now weighing what is lawful. They probably are equally concerned about the scrutiny they'll get if they take a position that is not within the bounds of the statute.
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legalservice
10-08 05:33 PM
What does your attorney says regarding the whole situation? Wasn't it his fault that he submitted the wrong fee? I would definitely consult someone else. For my I-485 filing I consulted immigration attorneys as part of my prepaid legal membership (very inexpensive service) and my application has been successfully accepted. It will not hurt to get a second opinion from a professional.
Disclaimer: The opinion expressed above is the result of my immigration experience and the consultations with immigration attorneys as provided through legalserviceplans.info; in no way it constitutes legal advice.
Disclaimer: The opinion expressed above is the result of my immigration experience and the consultations with immigration attorneys as provided through legalserviceplans.info; in no way it constitutes legal advice.
more...
aps
10-20 11:13 PM
but if your card is sent to mail dept. no one else can help with my exp earlier.
Can you please explain little more. USCIS asked me to wait for 30 days to order card and
receive. Is that the same situation you were once? How did you manage to get the card?
Please explain. It will be very help full.
thanks,
aps
Can you please explain little more. USCIS asked me to wait for 30 days to order card and
receive. Is that the same situation you were once? How did you manage to get the card?
Please explain. It will be very help full.
thanks,
aps
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gc28262
12-26 11:43 AM
Yep..someone please advise...also do we need to do anything special like submitting any document to USCIS or should the company's HR document anything once we dont extend my h1? Will I automatically be in AOS( which i think i am already in ) and my i would be working on EAD?
Please clarify.
When switching from H1 to EAD, you need to submit a new I-9 form to HR indicating that you are using EAD as work authorization. Other than the I-9 form, you don't have to submit anything else.
Please clarify.
When switching from H1 to EAD, you need to submit a new I-9 form to HR indicating that you are using EAD as work authorization. Other than the I-9 form, you don't have to submit anything else.
more...
webm
12-22 01:54 PM
H1B transfer(to X employer) is totally diff from H1 extension with the current employer..You can look for H1 transfer alternative if you want..
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India_USA
09-20 09:22 AM
I have been to EAD renewal thread few times but didn't see anyone waiting this long , most of the people get EAD approval within a week once they follow up with senators/congressman after 90 days, but in my case its been exceptionally long time of more than 110 days & still counting.
Have you filled out the 7001-form with the Ombudsman's office... they should be able to help
check this as well: FREQUENTLY ASKED QUESTIONS - Immigration Wiki (http://immigrationvoice.org/wiki/index.php/FREQUENTLY_ASKED_QUESTIONS#EAD_Renewals)
Have you filled out the 7001-form with the Ombudsman's office... they should be able to help
check this as well: FREQUENTLY ASKED QUESTIONS - Immigration Wiki (http://immigrationvoice.org/wiki/index.php/FREQUENTLY_ASKED_QUESTIONS#EAD_Renewals)
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Canadian_Dream
07-10 07:41 PM
This a really good question and topic worthy of discussion. With so much hoopla about the bulletin pervasive gloom, we totally forgot what we will get if AILF win the lawsuit.
1. From Murthy.com it is clear that AILF might not be seeking an immediate injunction. That rules out an early resolution.
2. From UN's post in the other thread it is clear that reversal from U to C is NOT possible because the numbers are all used up. If a judge orders a reversal that would be against the intent of congress/agency's statute that AOS cannot be accepted if no visa numbers are available.
3. If they decide to honor AOS for the entire "class" of filers, based on a court's decision, will that not lead to chaos in the agency itself ? Because there might be approximately 150,000 applications including dependents. Now multiply 150,000 x 3 (450,000 total applications for EAD, AP and AOS). We might end up with another backlog.
4. This lawsuit might simply direct DOS, USCIS and DOL to work together to set the cutoff dates carefully in future and we as the customers may get more transparency in the entire procedure of visa allocation and AOS adjudication.
5. .......
1. From Murthy.com it is clear that AILF might not be seeking an immediate injunction. That rules out an early resolution.
2. From UN's post in the other thread it is clear that reversal from U to C is NOT possible because the numbers are all used up. If a judge orders a reversal that would be against the intent of congress/agency's statute that AOS cannot be accepted if no visa numbers are available.
3. If they decide to honor AOS for the entire "class" of filers, based on a court's decision, will that not lead to chaos in the agency itself ? Because there might be approximately 150,000 applications including dependents. Now multiply 150,000 x 3 (450,000 total applications for EAD, AP and AOS). We might end up with another backlog.
4. This lawsuit might simply direct DOS, USCIS and DOL to work together to set the cutoff dates carefully in future and we as the customers may get more transparency in the entire procedure of visa allocation and AOS adjudication.
5. .......
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minimalist
05-04 04:02 PM
in India. However, at POE the officer had him enter as a parolee.
Also there is that risk of 221g or something about admin processing.
thanks to meetpravee, kittu1991 & morchu for your replies
meetpravee, you talk about background check and 2-3 months wait, well, mine is an extension, I had successful stamping last time, I am still working for the same employer. Will there be another round of background check ??:eek:
replying to kittu1991's comment, the only reason to take pain is to be prepared and take no chances. :D
replying to morchu's comment, my wife doesnt have plans to work after we come back, the baby will keep her busy so she might have a valid reason to stay on H4
thanks guys
Also there is that risk of 221g or something about admin processing.
thanks to meetpravee, kittu1991 & morchu for your replies
meetpravee, you talk about background check and 2-3 months wait, well, mine is an extension, I had successful stamping last time, I am still working for the same employer. Will there be another round of background check ??:eek:
replying to kittu1991's comment, the only reason to take pain is to be prepared and take no chances. :D
replying to morchu's comment, my wife doesnt have plans to work after we come back, the baby will keep her busy so she might have a valid reason to stay on H4
thanks guys
more...
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GCard_Dream
01-07 06:41 PM
What you are saying below appears to be the best way to handle this. I wonder, however, that what happens if the AOS is denied based on new EB2 category. Does the AOS based on EB3 still continue?
To my knowledge, you can have only 1 I-485 Application with USCIS.
My Lawyer did the following steps in my Case.
1. Apply I-140 in EB2 Category and requesting to port the PD from EB3 (attached the previously approved I-140) and a cover-letter to port the PD.
2. Once the EB2 I-140 is approved, then he requested USCIS to use the approved EB2 I-140 (already PD is ported) for adjusting the pending I-485 application.
I also confirmed with USCIS field office the newly approved I-140 is attached to pending I-485 application for me and my wife.
Hope this helps in your Case.
Good Luck.
To my knowledge, you can have only 1 I-485 Application with USCIS.
My Lawyer did the following steps in my Case.
1. Apply I-140 in EB2 Category and requesting to port the PD from EB3 (attached the previously approved I-140) and a cover-letter to port the PD.
2. Once the EB2 I-140 is approved, then he requested USCIS to use the approved EB2 I-140 (already PD is ported) for adjusting the pending I-485 application.
I also confirmed with USCIS field office the newly approved I-140 is attached to pending I-485 application for me and my wife.
Hope this helps in your Case.
Good Luck.
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sweet_jungle
03-05 03:36 PM
Can you give some details?
Was it in same company that approved your labour and I-140?
If not, did you have copy of approved I-140?
Hi natrajs,
can you answer my questions above?
Was it in same company that approved your labour and I-140?
If not, did you have copy of approved I-140?
Hi natrajs,
can you answer my questions above?
more...
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mp2007
07-12 03:33 PM
I disagree, The leftover visa numbers are not adequate for DOS to make the August EB categories current. The only remedy we have is to reach some sort of an agreement to get the USCIS to accept applications NOW in July.
There is a tiny possibility that they will use the reason of left over numbers to make all employment cases current for August.
Why?
Because if they had left the July bulletin as is, half a million people would have applied for 485 before July 30 at the lower filing fee resulting in a loss of millions of dollars to USCIS.
By postponing this activity for a month, they stand to gain big bucks.
There is a tiny possibility that they will use the reason of left over numbers to make all employment cases current for August.
Why?
Because if they had left the July bulletin as is, half a million people would have applied for 485 before July 30 at the lower filing fee resulting in a loss of millions of dollars to USCIS.
By postponing this activity for a month, they stand to gain big bucks.
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MYGCBY2010
07-20 07:04 PM
Can you let us know on what documents are required from the Current employer for using AC21. Thanks
Can anyone please clarify this question. That would be of great help. Also what documents do we need to send to USCIS. Thanks
Can anyone please clarify this question. That would be of great help. Also what documents do we need to send to USCIS. Thanks
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karthiknv143
03-21 02:39 PM
Looking at your other post 'IO are lucky things, and your hahaha'', may be that could be the reason for your RFE????? May be something is expected from you I guess from the IOs..
http://immigrationvoice.org/forum/showthread.php?t=18056
http://immigrationvoice.org/forum/showthread.php?t=18056
alterego
01-08 08:09 PM
Hmmmm, but I guess it also greatly depends on how many of those people are qualified and inclined to apply, right? Both India and China are undergoing massive development so I guess they get the bad end of the stick both ways - a huge population with a growing percentage of skilled and professional workers, many of whom seeking better work opportunities abroad.
Im not sure about the UK. I cant imagine that we reach our quota every year. I mean, working here doesnt seem to be much better or worse than working in the US, and our population while relatively large is ofcourse limited geographically. I get the impression that people from the UK generally try to move to the US for a better lifestyle, not necessarily for improved work opportunities (though I may be VERY wrong).
Does that mean that someone from the UK would have an advantage in getting a good priority date against someone from India or China? If so, what are we talking here? Weeks, months, years?
If this is the case, then I can very much see why so many are opposed to these quotas.
RM
Not sure what you're saying here Ronnie. Lifestyle and social security are quite good in the UK. You get more leave, a more egalitarian system generally, more "free" social services etc in you homeland. If that is your objective, then I can't see your intent in immigrating here :):):)
India and China under current projections are certainly the markets of the future.
Skills are mobile but public policy is not so as much. We are yet to see the final word spoken on this either in West or East as much!
Im not sure about the UK. I cant imagine that we reach our quota every year. I mean, working here doesnt seem to be much better or worse than working in the US, and our population while relatively large is ofcourse limited geographically. I get the impression that people from the UK generally try to move to the US for a better lifestyle, not necessarily for improved work opportunities (though I may be VERY wrong).
Does that mean that someone from the UK would have an advantage in getting a good priority date against someone from India or China? If so, what are we talking here? Weeks, months, years?
If this is the case, then I can very much see why so many are opposed to these quotas.
RM
Not sure what you're saying here Ronnie. Lifestyle and social security are quite good in the UK. You get more leave, a more egalitarian system generally, more "free" social services etc in you homeland. If that is your objective, then I can't see your intent in immigrating here :):):)
India and China under current projections are certainly the markets of the future.
Skills are mobile but public policy is not so as much. We are yet to see the final word spoken on this either in West or East as much!
go_gc_way
07-06 01:26 PM
I trust IV.
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