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Friday, June 24, 2011

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  • karthikgk
    02-19 07:01 PM
    Thanks guys for making the effort to understand my situation.

    i now need a couple of clarifications:

    pune_guy, you are spot on in your interpretation that it would be a hard sell for an EB-2 application with the current employer.

    So now, if I do change a job, I would have to use my EAD and hence I would have to join as an engineer(Because my understanding is, even though my current role is Business Development, my GC application is for an Engineer role and hence any new job based on EAD would have to be that of an Engineer).

    Is that understanding correct?

    Further, the new Eb-2 application from my would-be employer would be for an Engineer position.

    Are my assumptions correct?

    Thanks much





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  • lazycis
    02-11 02:04 PM
    You are right! Some people did not notice that moe is not illegal. But some people did notice the moe is an anti-immigrant disguising someone he is not. moe wanted to hear exactly what you told him. Now he will bash legal immigration saying all legal immigrants are actually illegals. Please try to use your brains, maybe just a couple of times every few years.

    .

    How about using your heart? I feel sorry for you...





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  • gsrknth
    08-22 12:16 PM
    My RD is 7/2/08, still waiting for approval, not even an LUD after notice date. I see EB2 folks getting renewals within 30 days or so. Isn't this descrimination?

    I am EB2 and EAD approval tool almost 60 days. Some folks got it in 30 days during June/July before implementing 2 yr EAD. I didnot hear anyone getting it in 30 days or less . May be some lucky ones are getting.





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  • Asian
    12-07 09:26 AM
    Hi,

    I am EB-3 ROW, PD in Nov.03, I-140 approved. I am planning on changing my current employer (non profit) to for-profit company.

    I am in my H-1 B fifth year. I renewed once on my third year. By the time I change my job to the new employer, I will have about one year left in my current H-1B.

    If I change the employer, will I be subject to H-1 B visa quota restriction?

    I have stayed with my current employer (University) for five years just for the hope of green card. But I think this is time to move on. Staying in my current job is so detrimental to my career.

    However, if the new company that may hire me, cannot find any H-1 B visa quota left for me, I will be in trouble if it is the case.

    I would appreciate your advice very much.

    Thank you always.



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  • javadeveloper
    07-21 12:44 AM
    thanks tinamatthew for your time and answers,

    yeah it's fair law for those who re enters into usa , but not for those who lived in US for many years and have few gaps in employment.Anyhow it's a real scenario and it's my case.I gave all W2s to my company and I am not sure whether they submitted all the W2s or not , I need to check with them.I am much worried about how to proceed if my company sends all w2s to CIS and if CIS sends me RFE/NOID.I am also in dilemma to whether to consult any lawyer or not (My company uses corporate lawyers and I can't contact them directly) , even if contact any good lawyer , I am not sure if i have any options left.There are many unanswerd questions :mad: .Thanks again.





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  • kaisersose
    04-28 04:22 PM
    Hello,

    I have been on H1 for last 3 years and had applied for 485 last july as dependant for my spouse's AOS. My spouse is primary applicant for 485. I have my EAD also. I am worried that I may get RFE if I file for an H1 extension. If I am not able to respond to RFE and my H1 extension gets denied will this affect my I-485 in anyway. I am wondering whether or not to apply for H1 extension and just use my EAD.

    This is how I see it.

    What you should really consider is to see if there are possible reasons for your spouse's 485 to get rejected.

    If you cannot find any, then simply switch to EAD.



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  • EkAurAaya
    03-19 09:46 PM
    I think you need to talk to the CPA for tax and not lawyer....

    This came from a real estate lawyer... usually they know what they are talking about. But you are right, wont be a bad idea to run this by a CPA





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  • validIV
    06-16 11:09 AM
    Thank you Ms. Martin for your replies, it has been very helpful. As a follow up to hiralal's post, I have a question regarding H-1 status, totally unrelated to the original poster.

    If one has a valid H-1, already extended beyond 6 years and is valid till 2011, has a pending I-485: what happens when that I-485 is denied? Is the H-1 status lost immdeiately as is the EAD/AP situation?



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  • bbenhill
    11-13 08:51 PM
    I believe whenever you apply H1 or H4 in US, you will get new I-94 so you don't need to go outside US.

    #3 : no, only show H1B approval from ur spouse.
    #4 : I don't know about 60 days rule but this is like chicken and egg situation. to get paid (using H1), you will need to have SSN. if you don't get paid then you are violating ur H1 condition. so I believe the reasonable answer is you have to get SSN and a project so you can get paid and stay using H1B status (if not revert to H4 asap).
    #5 : I believe you are not out of status but you are violating H1 condition.

    But again, Please check with ur attorney since I am not an attorney.

    Sorry if my answers will scare you a bit.

    Regards,





    I came to USA in March-2009 on H4 visa, I have H4 visa stamp on my passport valid till 2011 which is my husband�s valid H1 date. Then i applied for H1B through one of consulting companies. I got H1B approval in June-2009. I am searching for the project from June-2009 but, don't have project till date. So now i wanted to change my status again from H1B to H4. I believe my H1B is automatically activated on 1st Oct 2009. I still don�t have any paychecks since I did not get the project and haven�t yet applied for SSN.
    So my questions are,
    1.Can I apply for visa status change from H1B to H4 in USA or
    a. I need to go outside USA and reapply for H4 visa in my home country or
    b.just go outside USA and enter back with my current H4 on my passport which is valid until 2011?
    2. Is there any alternative that I can apply for status change from H1B to H4 immediately in USA to continue my H4 visa again and can get H4 visa stamp in future when I will go outside USA?
    3. Do I need to show paystubs from Oct-2009 while applying for H4 COS in USA while filling the form?
    4. Is there a 60 day rule during which I need to apply for my SSN? What would happen if I delay applying for my SSN?
    5. Under what scenarios and When would I be considered out of status?

    Thank You in advance.

    Arpu





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  • kpsm88
    02-13 07:55 PM
    See no GC? Hear no GC? Talk to IV



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  • rajuram
    01-14 03:47 PM
    It is just frustrating to visit these forums and see nothing is happening. We need more members and more money. But if that happens in 10 years, what is the use. Not much anyone can do. Might as well as start packing.





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  • Mayra75
    12-31 05:22 PM
    In the Comprehensive Bill (Pls. see summary of this bill) to be discussed on the Senate/House floor Feb-06, Page 6 Section 311 provides for exemption on temporary workers with advanced degrees from US universities from numerical limit.
    http://www.immigrationforum.org/documents/PolicyWire/Legislation/SpecterChairmanMark.pdf
    With this provision going into effect, it will free up current H1s that have gone towards the count of numerical limit in current financial Yr. USCIS may have to do the count again to differentiate between applicants with advanced degrees from US universities and come up with the number of free H1s. My guestimate is it maybe 30% of the total visa avaliable which is something like 30% of (65K+20K) ~ 25K.
    Waldenpond :
    Thanks for your reply,I read section 311 , it talks about people with advanced degree from US universities , so what about forgein-trained with noraml degree ? will these H1s visas will only for advanced degree ?
    Thanks



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  • smisachu
    06-09 08:25 PM
    Can you be more specific. In India you have 3 year diploma and then 4 year BE. The 4 year BE is same as 4 year BS here, plus the MS puts you in form for an EB2 category if the job requires a MS.

    If my post helped, please contribute to IV. You have just entered the mess, support IV and help yourself get out of this mess soon. Best of luck.

    Hello All,

    I was reading at some of the posts in this forum and they seem to have been quiet helpful.

    My company has decided to go ahead with my GC process.
    Its in the very early stage, but my immigration specialist gave me a heads up regarding something.

    She said, that as I have a 3 yrs BE degree the USCIS may not recognize me under EB2 category :confused: So I explained her the education system in India, but she said that it depends upon the Credential Evaluation Agency which will process my educational qualification and prepare a report and submit it to USCIS.
    Following this USCIS will make a decision whether to grant EB2 or EB3 category.

    I am sure many of the members may have faced a similar Dilemma....Is there any specific solution to this?

    To be precise I completed my Diploma from Mumbai & Degree from Pune University, followed by MS in US and currently working on H1B.

    Please Advice.

    Thanks,
    Shakti





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  • jasmin45
    08-08 04:49 PM
    Employer not revoking your I-140 itself proves "employer intention" to hire him back on adjudication. You may have intention to work for sponsoring employer but if you are laid off its not in your control, right? Adjudicator always looks by law and there is no law which says if you are laid off within 180 days your I-485 can not be approved.

    There you go now.. You are correct in saying that "laidoff" thing. If you decide to sit at home as you said earlier.. there are chances that you get doomed by IO during 485 adjudication. I already mentioned about employer initiated termination and protection under AC21 in my previous post.

    There's already a thread for "laidoff" related issues.. if you have further questions or suggestions you may drop it in there. why do we have to have several thread for same issues?



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  • ashwinicool67
    04-29 10:44 AM
    Thanks kaisersose.

    Anyone else have any inputs. I need to make this decision soon and would appreciate as many inputs as possible.

    Thanks.





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  • sanjay02
    07-28 02:47 AM
    Hi
    My PD is Nov 2005 , I had I-485 interview in Feb 2009, because dates werent current I was given a letter saying "Your case has been continued because of VISA unavailability"

    My question is if I claim unemployment insurance would I have issues in GC adjucation? ( Since my case is already pre-adjucated)?

    Thnks



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  • gbof
    11-20 09:01 PM
    Come one folks. Since posting this, I had another beautiful addition to my family and then a minor surgery. Any insights or opinion will be highly appreciarted.

    Congrats on your family addition. Any advise on your AOS is really dicey-- more so, when uscis follows their own rules at their whims. Even if they decided favorably for someone, no body can be sure what the IO handling your case decides. I will say play safe and go by the advise of an experienced attorney.





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  • bibhudc
    08-21 02:40 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."

    By these numbers, it looks like there are 7%x140K = 9,800 GC approvals for India in each year. If we factor in 1 dependent for each GC applicant, the number of primary applicants approved is roughly 9,800/2 = 4900 Indians per year. And this supposedly includes the EB1, EB2, EB3 categories. If we divide that equally, it could mean hardly 4900/3 =1633 primary applicants get approved each year in each category !! Is my inferences incorrect ? [someone tell me its better than this]

    I don't know how many Indians are waiting for their GCs, but it sure seems like everybody I meet on the street is waiting for his GC .. so, I guess its going to be a long long wait.

    [I am an Indian and hence, I took the example of Indians above. I guess the numbers are similar for all other countries. My Labor PD is Jul-2002]





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  • msp1976
    05-27 01:40 PM
    Problem with the poll is that only people with not current PD come here, people with current PD do not come here any longer...





    vnsriv
    06-25 03:29 PM
    My suggestion better be in US while your I-485 is in progress or wait till when you both get AP.





    arrarrgee
    07-13 11:35 AM
    :p :p :p

    The details here
    Firstly, by investing $1 million and hiring 10 employees anywhere in the US. Secondly, investing $500,000 and hiring 10 employees in an area where the unemployment rate exceeds the national average unemployment rate by 150%. Thirdly, investing in regional centres designated by the INS that are eligible to receive immigrant investor capital. The US immigration and naturalization services (INS), United States citizenship and immigration services (US CIS) have approved over 20 regional centres.


    You're a bit confused. To get investor's visa, you need to invest either in certain underdeveloped areas (half a million will be sufficient), or you need to create a certain number of jobs with your investment/business. I wonder, however, if one would qualify by buying an expensive house and providing jobs for 10+ people maintaining your house on a full-time basis. :)



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