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  • kaisersose
    10-15 03:04 PM
    If you have two jobs on hand, and your sponsoring employer keeps the offer for the future job open, then you can simply use your EAD for both jobs. What would you need the H1B for unless you have reasons to believe the I-485 will be denied?
    If you wish to change employers, i.e. no longer take up the job with the employer who did your labor cert, then wait for 180 days after the receipt date of your I-485, find a " same or similar" job and use AC21 portability. - The AC21 law is kind of complex, most use the services of a (competent) lawyer.


    A top attorney's fee for sending an AC21 letter to the USCIS is $3000. I assume all competent lawyers would be priced similarly.

    But he also adds it is not necessary to use his services for Ac21, if the case is simple and straightforward. If you feel there are some twists or ambiguities in your case, then it is best to pony up the dough and have a lawyer send the letter instead of you.





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  • stxvr
    07-20 03:44 AM
    From the website http://www.immigration-law.com/Canada.html we can see that there are only 140000 GCs are given for employment. Also as per the current prediction on the same page shows that there will be 750000 new applications will be added in to system because of this recent events. Now follwing are some facts what I can see from these details:

    1. As only 140000 visas can be givens per year. USCIS OR DOS can not cross this limit.
    2. There is also per country limit. (I don't know what is the exact % for per country - think 10 -20 %)
    3. If you count 20 % then for India the figure per year is 28000.
    4 Now imagine how many years it will take to cover up the number like 750000.

    My analysis:
    -Based on these details you can predict that there is going to be more than 10 years to clear this thing. (except some new law passes).
    - Some may get GC after 10 years of filing A485.
    - For atleast 10 years PD remains Unavailable.

    What do you say on this?





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  • mpadapa
    08-15 09:19 AM
    singhsa3, Thanks for compiling this report. Could you tone down the statement in the below quote.. make it "You have to be in the same position with same job responsibilities for quite a few years....."

    It would be nice if you could provide a link to the USCIS Ombudsman report because you are referring to it a lot. This make the report more authentic for the reader.


    Employment Based (EB) Green Card (GC) Laws
    � You have to be in the same position with same job responsibilities for an indefinite time period, otherwise your GC application will be rejected.
    [/B]





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  • ravi2patel
    07-24 05:19 PM
    I was wondering if you file for perm with company B and then at the time of 140 try to get the 2002 date of the RIR which is approved,if that can happen then you may be fine.I can be wrong in this.

    good point...i will try that option. BTW, i have made an appointment to see another attorney...lets see what they have to say.



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  • jthomas
    12-04 08:41 PM
    If my wife is a US Green card holder and i am in H1B and if we both file for candian green card and move to canada for a week for stamping. Would it create a problem on US citizenship for my wife.

    the third rule on the first thread.





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  • kumar1305
    02-10 01:07 PM
    5 Years should be fine.

    The best would be something like " As soon as some one paid a net $50000 as federal taxes over the years" can get the GC.

    Or

    As soon some one pays the federal tax for half a million dollars will be eligible for GC.

    With a minimum of 5 years of stay in the US and on any employment visa.

    All this employer sponsorship, labor, 140, 485 are BS.

    This is how it is all over Europe.



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  • vbkris77
    04-13 09:03 PM
    I don't think child's country works.. Most of the guys would have been
    out by now including myself.. . But let us know.. I will fly to my lawyers office if it is true ..





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  • ramaonline
    11-21 04:15 PM
    I am not sure how uscis sent you a query after the h1 was approved. Please take infopass appointment on http://www.infopass.uscis.gov/ and speak to an immig officer about your case

    Once you have the h1 approval i797 you should be eligible to start work from the start date on the petition. You also need a new i94 showing h1b status. The new i94 may be attached to the approval notice. You also have the option to work on OPT for some time after completion of your studies.



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  • tiinap
    02-01 08:22 PM
    Right, the Senate is definitely the key. Because after all, right now we have a president who has always supported expanding legal immigration and look how far that has taken us in the last 8 years :).
    Still, the President has important powers:

    (S)he can set the course on this issue, and continue to push for CIR and shape the discussion in a positive direction, or just neglect this topic.
    More importantly, the President has veto powers. If our president will be Romney, I'm afraid he'd veto bills that do anything to expand legal immigration, and just ramble on about the fence. If our president will be Hillary, I'm afraid she might gladly sign a bill that wipes out the H1B program (she has said that she wants to have a temporary worker program for agriculture only) or cuts back on EB immigration even further.


    I think our fates do depend to some extent on who the next President will be. I'm just curious who should I be rooting for and who should I recommend that my U.S. citizen friends vote for, because it's hard to make sense of their message.





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  • kriskris
    08-22 02:35 PM
    there are no issues: your H1 and 485 are independent (until the 485 is approved, at which point your H1 is invalid). Until then, even if you have filed your 485, whether you have receipts or not you can keep filing extensions and getting new I-94s. You can also transfer your H1 around (better to do after 180 days and invoke AC21) whether you have a 485 receipt or not.

    dont worry, go ahead and bump up your H1 extension to PP. As long as you qualify for the extension (LC >365 days or 140 approved) you will get it and your 485 continues getting processed independently.

    Thanks for the reply gc_chahiye.
    If i upgrade my H1 to premium, would they upgrade and process my wife's H4 in premium. I know that there is no premium for H4. If i would have opted for PP at the time of submission, both the apps would have been processed in premium, but now since we have separate receipt numbers for H1 and H4, would they be processed at the same time. Any past experiences?????



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  • ski_dude12
    07-16 09:33 AM
    see Greg Siskind's blog :
    http://blogs.ilw.com/gregsiskind/

    An alert reader sent me the following this morning. Miriam Jordan of the WSJ is reporting


    Looking to resolve a messy immigration tangle, the U.S. government is close to announcing that it will accept at least some applications for work-based green cards that were filed by thousands of skilled workers in early July at the government's invitation and then abruptly rejected.

    This would be hugely disappointing news if true and, according to a source, this was NOT the deal on the table over the weekend. It also will fail to address the three crises facing USCIS:

    - fighting multiple lawsuits including at least two class action matters
    - staving off congressional hearings and the release of embarrassing documents
    - answering press inquiries over why USCIS skipped security clearances during a time when the US is under threat of a major terrorist attack

    One would hope that common sense would outweigh USCIS' anti-immigrant instincts. Like an addict that's out of control, it's time for an intervention.

    Please change the misleading title. Already lot of people are frustrated with this flip-flop and posting something with a misleading title will make things worse.

    Thanks,
    -Ski





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  • trueguy
    07-17 11:06 AM
    Admin should have closed this thread by now.

    Thanks.



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  • andy garcia
    02-09 12:47 PM
    I found one of Pappu's post with a list of resources :0 http://immigrationvoice.org/forum/showthread.php?t=694&page=3

    Pappu was nice enough to send another http://immigrationvoice.org/forum/showthread.php?t=694&page=8

    Within both posts are massive amounts of email addresses and organizations that we can all spend 5 mins a day contacting. This isn't "my idea", I'm just repeating it.

    Please note that the following is meant with no offense to anyone, it is more my brainstorming how to "exploit the system" to our advantage. No matter what you say about american society, it is still a racially discriminatory one. People find the subject of immigration distasteful since a lot of immigrants (legal or otherwise) don't look like them. If they see the diversity of people in their face, it might chip away at the bias.

    Why am I doing this? I've been fairly vocal criticizing the lack of diversity on this board. It was pointed out that other nationalities pick up the pace, so here I am :)

    With some irony, I spent a chunk of time searching last night for associations in the states that are from my nationality background (don't hate me, I'm English). All I could find are associations regarding livestock (cows) and golf.... Gotta dig deeper!

    You guys invented them both. Golf and madcows:)





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  • Aah_GC
    06-10 03:33 PM
    A bit corny - but a good intention! At some level the message should not be misconstrued. If you really do want your GC real quick, do all you can. All actions toward a genuine cause have their own proportional returns, at unexpected times.

    Between, called up 5 congressmen/ women today..

    Ok..So now that I have your attention, I can say how I feel about our top priority right now.

    Most IV members can see the current action item about calling 6 representatives on the home page at the top. If you are someone who has already made the phone calls then you have my respect and admiration.

    For the rest of you, here is the link
    http://immigrationvoice.org/forum/showthread.php?t=19387

    I think a lot of people come to IV to find a pleasant surprise waiting for them but close it when they don't see any good news. They also browse around a bit to see what others are talking about and also get in discussions/arguments when they have some time. But not a lot of people actually spend time to read action items and follow what the core team is asking them to do. I'm not sure what the reasons are. May be people are afraid that calling someone in Washington will get them on some list. May be they don't like to be told what to do. May be this may be that.. I don't know.

    But if you are someone who hasn't joined IV in any of its various efforts to bring attention to our issues then I'm not sure if you do anything good for yourselves. I'm not saying that I have participated in every single campaign. But I have tried my best to do something. When will you do something for yourselves? Do you realize that if you don't act now, it will be TOO late to act? Do you realize IV is all of us? If we don't act, IV remains ineffective. So Act now or wait forever. It only takes 10 minutes to call all the numbers and they don't even ask for your name in most cases.

    I just checked the tracker and only saw 41 people who have called all the numbers. I don't get it. What is wrong with the rest of you?

    I also want to say that you owe it to IV after everything IV has done for you. (e.g Rally +Funding drive+many many campaigns).

    IV has united us. Now lets show the strength of our unity.


    Disclaimer: I'm not a core team member. I'm neither a state chapter leader nor one of the truely active IV members. I'm just an ordinary person like most of you but I think I finally GET IT. Nothing will happen unless I do my part. Now how about clicking that link above and making a few phone calls. Trust me, you will feel good about yourself after you do it. And please update the poll after you have completed your calls.



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  • GooblyWoobly
    08-08 04:49 PM
    Yeah!! It was posted on USCIS site also!!

    See, I mostly frequent this forum only (and I think that's true for a lot others), and didn't see it posted here. So, went ahead and posted it. The other thread is in members only forum!!

    Sorry if it offends anyone. Moderators, please close this thread if you see deemed. If the Moderators are fine with this thread, don't worry about commenting if this is duplicate!!





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  • rvr_jcop
    02-17 11:33 AM
    Ok ..
    Now I dont want to change my employer .
    But my employer doent pay when I am on bench . So I may not having paystubs after March .
    Will it cause any problem to H1 extention ?

    Ofcourse, if H1-extension requires the last couple of pay checks, there is a possibility they would ask for the 'latest', as opposed to March pay stubs, if you apply for extension say in August. Again, if you apply for extension in April with March paystubs (within 6 months of expiry), then there is a less possibility. But you cant rule that out if they ask for latest stubs in the potential RFE in the future. So its up to you.



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  • smiledentist
    06-14 06:33 PM
    Any more advices please





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  • pnjbindia
    12-11 12:44 PM
    guys,
    I have hired as an "Auditor" in 2002, which is also the title of my position in my LC. If I use AC21 for AUdit manager, which is considered to be in the same occupational classification, will it be a problem? My salary will probably be double of what is on the LC application.... your thoughts are appreciated..

    I heard that a major change in salary with regards to AC21 can be a problem..and the the title "manager" will always excite IOs ...for RFEs...





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  • rkumar18
    11-21 11:23 AM
    Cubans are politically active and highly vocal in advocacy of their cause. Are you?

    No they are NOT if you are talking about immigration!They are highly passionate and vocal in support for their own country and its leader (well are we???). Only reason they are enjoying immigration benfits is due to the US policy towards Cuba and its regime.

    Well I do agree with you that we should avoid highlighting such issues and channelize our time and efforts towards the betterment of our own cause.





    GabonpharmD
    04-15 10:45 PM
    also update ur profile..

    I did not wan to create a separate thread since I have similar questions:

    My situation:

    US pharmD graduating in may 09
    H1B approved ( start oct 09)
    OPT not approved yet
    Married to F-1
    child born in US
    Country- Gabon (both)
    city- nashville TN
    Company-CVS


    Facts:

    My company told me I qualify for GC sponsoring after 90 days of full time as pharmacist and to just buzz them when I am ready. I will be full time rx on my OPT, which shoudl come out before graduation.
    I pass my boards in June, I should be go to go for GC filing as soon as October.

    Questions:

    1. is changing address within the same city affect GC procress? I heard of people changing city and having to start the 1st step over. If address change within the same city is a big deal. We will buy our house before starting GC filing if not we will take our time.

    2. What r the pros and cons of filing GC that early into employment? The CVS guy told me usually people prefer to wait longer before filing for GC. why? ( I am thinking if it's going to take that many years, I might as well start early because my husband has the possibility to transform his phD into MD/phD after his qualifying exam in 2-3 years and we hope to be Gc holder by then)

    3. When GC filing start can I include my husband from the start with his F1 status or do we have to switch him to H4 status first?. For now, we prefer to keep him on his F1 visa because of a friend experience with H4, she was F1, went H4 but went back to F1 cause F1 can get stipend for lab work but H4 can't)

    4. any suggestion, that you think I can benefit from on how to approach is welcomed. I 've been F1 for 5-6 years now..just looking forward to ending my life as an international student, but I don't want to rush into things out of ignorance.





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