perm
09-02 03:10 PM
Akhil, can you PM the copy of the letter you sent in with your AP renewal (efile). Also what did you enter in Class of admission? how much fee did you have to pay - 305 or 385?
Thanks in advance
perm
Thanks in advance
perm
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perm2gc
12-29 07:28 PM
Hello all...
being on H4 for the past 4yrs scenario...?
what are the chances of the H1b approval being 4yrs on h4...? as in how strong is the resume being..?
will they question about the past 2 yrs of H1 status...asking cos I was dint work for a while as I dint get a project..?
converting to H1 in such a situation, will this be risky and asking for trouble..?
They may look at your H1B record.The approval depends on the officer who handles in your case.Contact a good immigration attorney.
being on H4 for the past 4yrs scenario...?
what are the chances of the H1b approval being 4yrs on h4...? as in how strong is the resume being..?
will they question about the past 2 yrs of H1 status...asking cos I was dint work for a while as I dint get a project..?
converting to H1 in such a situation, will this be risky and asking for trouble..?
They may look at your H1B record.The approval depends on the officer who handles in your case.Contact a good immigration attorney.
gcnj
02-13 12:58 PM
Hi! Shana
Thanks for your valuable feedback .
GCNJ
Thanks for your valuable feedback .
GCNJ
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spindoctor
07-19 05:47 PM
Hi all legal eagles, advice please
My case is quite complicated. Here is my situation.
(1) Applied for I-485 (Adjustment of status) in July 2007. EB2-India category, PD March 2006.
(2) Wife missed the bus when I applied for I-485. Her papers were not ready at that time.
(3) Changed job utilizing AC21. So no more H1 status for me. Working on EAD in a new company. Living in US on a pending I-485 status.
(4) Sent wife to India so that she will not stay in the US on an invalid H4. (After I quit my company, I assumed my H1 and my wife's H4 became automatically invalid because they belonged to my previous company. In any case those H1/H4 have expired too now.).
(5) I was planning to call wife on a visitor visa. We planned to apply her I-485 once she is in US and dates become current for her.
(6) Suddenly, my PD is current as per the latest bulletin!! Totally unexpected!!
(7) Wife can't come back to US on a short notice on a visitor visa because of many pending tasks back at home.
Now the big question is, is it worthwhile to apply for my wife's I-485 in India through a consular processing route? My understanding is that consular processing does not provide the benefits of EAD and advanced parole. So my wife will anyway have to come to US on a visitor visa. So we may as well apply her I-485 in US itself. At least then our applications will be processed together and she will get the benefits of EAD. And if there are any immigration interviews we can go together too.
But the risk in this plan is that
(1) By the time she is back in US the dates may retrogress again.
(2) Worse, my GC may get approved this month itself, before my wife even has a chance of applying her own I-485, cutting off my wife's chances of getting a dependent GC based on my GC forever.
Now my hunch is that risk no. 1 is a low risk. Either the dates won't retrogress again, or even if they do, they will move forward in October again. So we can live with that.
Risk no. 2 is a bigger risk. But can USCIS take a decision on my I-485 petition so quickly. I don't think so. But if it does, then we lovers will be torn apart.
And lastly, has anybody ever heard of "Follow to join" procedure? What exactly is it and can we utilize it to our benefit?
My case is quite complicated. Here is my situation.
(1) Applied for I-485 (Adjustment of status) in July 2007. EB2-India category, PD March 2006.
(2) Wife missed the bus when I applied for I-485. Her papers were not ready at that time.
(3) Changed job utilizing AC21. So no more H1 status for me. Working on EAD in a new company. Living in US on a pending I-485 status.
(4) Sent wife to India so that she will not stay in the US on an invalid H4. (After I quit my company, I assumed my H1 and my wife's H4 became automatically invalid because they belonged to my previous company. In any case those H1/H4 have expired too now.).
(5) I was planning to call wife on a visitor visa. We planned to apply her I-485 once she is in US and dates become current for her.
(6) Suddenly, my PD is current as per the latest bulletin!! Totally unexpected!!
(7) Wife can't come back to US on a short notice on a visitor visa because of many pending tasks back at home.
Now the big question is, is it worthwhile to apply for my wife's I-485 in India through a consular processing route? My understanding is that consular processing does not provide the benefits of EAD and advanced parole. So my wife will anyway have to come to US on a visitor visa. So we may as well apply her I-485 in US itself. At least then our applications will be processed together and she will get the benefits of EAD. And if there are any immigration interviews we can go together too.
But the risk in this plan is that
(1) By the time she is back in US the dates may retrogress again.
(2) Worse, my GC may get approved this month itself, before my wife even has a chance of applying her own I-485, cutting off my wife's chances of getting a dependent GC based on my GC forever.
Now my hunch is that risk no. 1 is a low risk. Either the dates won't retrogress again, or even if they do, they will move forward in October again. So we can live with that.
Risk no. 2 is a bigger risk. But can USCIS take a decision on my I-485 petition so quickly. I don't think so. But if it does, then we lovers will be torn apart.
And lastly, has anybody ever heard of "Follow to join" procedure? What exactly is it and can we utilize it to our benefit?
more...
smmakani
03-26 04:37 PM
I have already sheduled a meeting on April 6with one of congressman in minneapolis to whom you also contacted to seek appointment. Lets go together. Please send me PM.
Thanks,
Shakil
Thanks,
Shakil
milestogo
07-22 04:53 PM
any inputs....?
more...
TwinkleM
02-23 02:11 PM
I guess, other then marriage certificate, wedding photographs, wedding card invitation & property papers on joint name & other investments on joint name might help. I know that wedding photos & wedding invitation card does help to an extent.
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jonty_11
06-07 12:21 PM
Dont worry after teh CIRcus in senate for the last feweks..I think no one will dare touch the immigration issue until 2008 Pres Eelctions now...This bill will defintely die away.
more...
same_old_guy
05-15 02:08 AM
Contending that the H-1B visa programme is being abused to displace qualified American workers, two US lawmakers have asked nine foreign-based firms, including some leading Indian companies that used 20,000 of such visas, to disclose details about their workforce and their use of the special programme.
The companies the senators sent letters to were Infosys Technologies, Wipro Ltd., Tata Consultancy Services Ltd., Patni Computer Systems, I-Flex Solutions Inc., Satyam Computer Services Ltd., Larsen & Toubro Infotech Ltd., Tech Mahindra Americas Inc. and Mphasis Corp.
http://timesofindia.indiatimes.com/US_asks_Infy_Wipro_to_explain_use_of_H-1Bs/articleshow/2046743.cms
The companies the senators sent letters to were Infosys Technologies, Wipro Ltd., Tata Consultancy Services Ltd., Patni Computer Systems, I-Flex Solutions Inc., Satyam Computer Services Ltd., Larsen & Toubro Infotech Ltd., Tech Mahindra Americas Inc. and Mphasis Corp.
http://timesofindia.indiatimes.com/US_asks_Infy_Wipro_to_explain_use_of_H-1Bs/articleshow/2046743.cms
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mirage
03-11 06:26 PM
You made an extremely important and valid point here...
Such an escalated tone has been established due to various reasons, based on the fact that there is documented evidence of some abuse. It is not to scare every h1b visa holder.
See - people are writing so many posts their their friend is having trouble in h1b , friends friend is having trouble in POE etc... but none of them are original posts. Just look around yourself and your friends - check to see if anyone really got screwed (genuine folks) - there may be some people who got additional grilling and that's it.
People are still traveling everyday and getting stamping and no issues at POE.
Like I said earlier "unless you set the ass on fire those who abuse will not straighten themselves" - greed overtakes any good forward thought.
Senators are not your own country senators and we cannot influence their thoughts or feel bad about what they think about h1b visa. All we do is make a case for ourselves that we are genuine and really interested in following the system.
AFAIK every h1b and GC case has been dealt with on a case to case basis and people who have really followed rules did not have much issues - we continue to follow the system because we believe in it.
Such an escalated tone has been established due to various reasons, based on the fact that there is documented evidence of some abuse. It is not to scare every h1b visa holder.
See - people are writing so many posts their their friend is having trouble in h1b , friends friend is having trouble in POE etc... but none of them are original posts. Just look around yourself and your friends - check to see if anyone really got screwed (genuine folks) - there may be some people who got additional grilling and that's it.
People are still traveling everyday and getting stamping and no issues at POE.
Like I said earlier "unless you set the ass on fire those who abuse will not straighten themselves" - greed overtakes any good forward thought.
Senators are not your own country senators and we cannot influence their thoughts or feel bad about what they think about h1b visa. All we do is make a case for ourselves that we are genuine and really interested in following the system.
AFAIK every h1b and GC case has been dealt with on a case to case basis and people who have really followed rules did not have much issues - we continue to follow the system because we believe in it.
more...
lazycis
11-30 01:30 PM
Congress never thought that I-485 processing would take more than 1 year (I-485 pending for 180 days is called "long-delayed" in 8 USC 1154(j), see also 8 USC 1571). If the USCIS was able to process all I-485 in one year time frame, there would be no retrogression!
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sobers
02-21 09:33 AM
Guys,
I don't think we need to get too worked about this, or spend much time responding to such "needless needling". I think your posts above should answer all questions.
Let's focus on our mission- which is, to apprise lawmakers of the genuine plight of skilled, legal immigrants- folks who bring much needed skills to work for this country, folks who pay high taxes and contribute to their communities, folks who respect and follow the law!
I don't think we need to get too worked about this, or spend much time responding to such "needless needling". I think your posts above should answer all questions.
Let's focus on our mission- which is, to apprise lawmakers of the genuine plight of skilled, legal immigrants- folks who bring much needed skills to work for this country, folks who pay high taxes and contribute to their communities, folks who respect and follow the law!
more...
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pitha
12-29 11:37 PM
Can you or somebody tell me the nature of RFE that was issued after invoking AC21. Was it related to semilar/same job category or ability to pay or educational qualification etc etc.
Omm,
n2b,
I have seen many people in the forums getting RFE after invoking AC21. You know how USCIS works, right?? If they ever keep track of what they are doing and if they have a definite process in place, neither there will be any retrogression nor any of these forums. Be prepared for RFE if you are invoking AC21. Though you can survive that, imagine the period between receiving the RFE and responding to it. What if that happens in your 5th or 6th year of wait?? I pray that your wait is not that long.
Thanks
Omm,
n2b,
I have seen many people in the forums getting RFE after invoking AC21. You know how USCIS works, right?? If they ever keep track of what they are doing and if they have a definite process in place, neither there will be any retrogression nor any of these forums. Be prepared for RFE if you are invoking AC21. Though you can survive that, imagine the period between receiving the RFE and responding to it. What if that happens in your 5th or 6th year of wait?? I pray that your wait is not that long.
Thanks
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mybid2003
11-18 04:28 PM
I am still waiting for my FP. :-(
more...
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whatsupwithgc
02-28 01:48 PM
Can you please let us know the URL for the latest name check FAQ posted today.
http://www.aila.org/content/default.aspx?docid=24696
http://www.aila.org/content/default.aspx?docid=24696
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indianabacklog
07-13 09:46 PM
The DREAM act is specific in that it only applies if you can prove you came here and still remain in ILLegal status. I have a son who aged out a year and a half ago. I CANNOT support an act that gives an illegal child of the same age a path to green card that does not provide at least the same for him. If we can get the act amended to include all children who do not have a path to residency and ultimately citizenship that would be OK.
more...
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sc3
06-20 01:50 AM
Thought I should share my EB-3 (horror) story:
First initiated my RIR labor in 01/2002
PD: Aug 02,2002
RD: Sept 18, 2003
Approval: June 19 2007
I765 & 131 renewed 4 times.
Though I graduated with a Masters' degree from here back in '98, I was wrongly advised by a lawyer (who I unfortunately knew) who said I did'nt meet min. salary requirements and put me in EB-3 instead of EB-2 (though all my friends who graduated with me were in EB-2 and I knew they could'nt be making a whole lot more than I was). So if your lawyer wants to put you in EB-3 even though you're eligible for EB-2 change lawyers right away; It will mean a world of difference when things go bad. Chances are, the lawyer wants minimum paperwork & hassles to deal with. To add to bad luck, I had an Indian manager who refused to pay for my green card and even the ads for RIR labor, even though he got his green card paid for. Anyways priority dates were current for all categories back then (2002-3) just like it is today when they reclaimed unused numbers so this attorney had said EB3 vs EB2 won't be a problem and convinced me to go with EB3. This 'current' situation went on for some time (a year or so perhaps(?) to 2004 or 05; I do not remember) and then the DOS went and retrogressed EB3 back to 1999! During the year or two Priority Dates were current the INS (as it was called then) took their sweet time in processing cases progressing real slow. So when they were about 3-4 months away from processing my PD and I thought I was real close to 485 approval, the DOS did their thing and retrogressed dates all the way back to 1999 and has become current only now. It hit me with a gale force effect when it retrogressed.
It's almost like things swing like a pendulum between the two departments. If you're real lucky and time it right things can go smooth. If not yes you're screwed like I was and things can go bad one after the other. This time around I was almost sure the USCIS will take a go slow policy and wait for dates to retrogress once again like the last time. I was very surprised by the HUGE movements of 485 processing dates. Things are looking far better this time with these dates. Focus on getting your EAD and Advance paroles ASAP. I-140 premium processing will be worth it. Good luck to you all.
Congrats on your approval. I see that you got your labor in less than a year, surprising you got stuck with 485, lots of the ones I know got their 485s within 8-10 months during 2004-2005 time frame. Of course being in west coast meant that we waited for our labor certs for about 3 years. Green Card, not unlike death, is a great leveler. Enjoy your GC.
BTW: Your lawyer is not necessarily wrong. USCIS will look into the company's other applicants, if most of them are applying for EB3 with your pay grade in your own company, then it becomes difficult to justify your EB2 position. USDOL may consider it as excessive tailoring of job requirements.
First initiated my RIR labor in 01/2002
PD: Aug 02,2002
RD: Sept 18, 2003
Approval: June 19 2007
I765 & 131 renewed 4 times.
Though I graduated with a Masters' degree from here back in '98, I was wrongly advised by a lawyer (who I unfortunately knew) who said I did'nt meet min. salary requirements and put me in EB-3 instead of EB-2 (though all my friends who graduated with me were in EB-2 and I knew they could'nt be making a whole lot more than I was). So if your lawyer wants to put you in EB-3 even though you're eligible for EB-2 change lawyers right away; It will mean a world of difference when things go bad. Chances are, the lawyer wants minimum paperwork & hassles to deal with. To add to bad luck, I had an Indian manager who refused to pay for my green card and even the ads for RIR labor, even though he got his green card paid for. Anyways priority dates were current for all categories back then (2002-3) just like it is today when they reclaimed unused numbers so this attorney had said EB3 vs EB2 won't be a problem and convinced me to go with EB3. This 'current' situation went on for some time (a year or so perhaps(?) to 2004 or 05; I do not remember) and then the DOS went and retrogressed EB3 back to 1999! During the year or two Priority Dates were current the INS (as it was called then) took their sweet time in processing cases progressing real slow. So when they were about 3-4 months away from processing my PD and I thought I was real close to 485 approval, the DOS did their thing and retrogressed dates all the way back to 1999 and has become current only now. It hit me with a gale force effect when it retrogressed.
It's almost like things swing like a pendulum between the two departments. If you're real lucky and time it right things can go smooth. If not yes you're screwed like I was and things can go bad one after the other. This time around I was almost sure the USCIS will take a go slow policy and wait for dates to retrogress once again like the last time. I was very surprised by the HUGE movements of 485 processing dates. Things are looking far better this time with these dates. Focus on getting your EAD and Advance paroles ASAP. I-140 premium processing will be worth it. Good luck to you all.
Congrats on your approval. I see that you got your labor in less than a year, surprising you got stuck with 485, lots of the ones I know got their 485s within 8-10 months during 2004-2005 time frame. Of course being in west coast meant that we waited for our labor certs for about 3 years. Green Card, not unlike death, is a great leveler. Enjoy your GC.
BTW: Your lawyer is not necessarily wrong. USCIS will look into the company's other applicants, if most of them are applying for EB3 with your pay grade in your own company, then it becomes difficult to justify your EB2 position. USDOL may consider it as excessive tailoring of job requirements.
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nave_kum
07-31 03:08 AM
Howz one to live a moral and compassionate existence when one is fully aware of the blood, the horror inherent in life, when one finds darkness not only in onez culture but within oneself? If there is a stage at which an individual life becomes truly adult, it must be when one grasps the irony in its unfolding and accepts responsibility for a life lived in the midst of such paradox. One must live in the middle of contradiction, because if all contradiction were eliminated at once life would collapse. There r simply no answers to some of the great pressing questions. You continue to live them out, making your life a worthy expression of leaning into the light.
One of the contradictions is NOT obtaining a Green Card.
One of the contradictions is NOT obtaining a Green Card.
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akred
07-14 09:21 AM
I suspect that the sponsors of this bill aren't aware that some children who entered legally also need a break.
It may be worth writing to Dick Durbin and some of the co-sponsors asking for favorable treatment for children who are here legally. Write a letter and send it via Fedex/Priority Mail as this is being considered next week.
The text of the bill is here: http://rs9.loc.gov/cgi-bin/bdquery/z?d109:SN02075:
It may be worth writing to Dick Durbin and some of the co-sponsors asking for favorable treatment for children who are here legally. Write a letter and send it via Fedex/Priority Mail as this is being considered next week.
The text of the bill is here: http://rs9.loc.gov/cgi-bin/bdquery/z?d109:SN02075:
485Mbe4001
12-05 11:12 AM
Pune, India in 1996, i just filled out a form, attached a no objection certificate from my company and got a check in 2 weeks. I did not have to pay a dime, i wasnt asked any. I guess it was probably because i was in no rush to get the money.
I try not to pay out money in india, it takes time to get things done, but they do get done...maybe things have changed alot since, but i hope it should not be that bad.
I do not know in which city of India you took out your PPF.,
But I heard you have to pay atleast 5% to get PPF back in Hyd.,
Hope corruption will not be that high by next 20 years in India!!
I try not to pay out money in india, it takes time to get things done, but they do get done...maybe things have changed alot since, but i hope it should not be that bad.
I do not know in which city of India you took out your PPF.,
But I heard you have to pay atleast 5% to get PPF back in Hyd.,
Hope corruption will not be that high by next 20 years in India!!
whattodo21
01-04 09:14 AM
Got approval and card on time! Collectively everything worked out. Got EAD for 2 years.
There was talk about combining EAD and AP - did it happen and how does one file for it?
There was talk about combining EAD and AP - did it happen and how does one file for it?
