asiehouston
09-08 10:58 AM
Ok.. I spoke to the USCIS customer service. They want me to refile I -131 either e-file or paper based and send the original (wrong picture AP) along with it and also all the supporting documents (passport copies, etc)
What a pain....
What a pain....
allen_1974
01-21 11:23 AM
I think you have maintained a legal status thru the transfer from A to B. So in my view your are fine even though there is a gap in terms of Pay stub for some days. But your status is legal.
So dont worry.
:)
So dont worry.
:)
mariner5555
05-15 04:53 PM
The reason for my saying so....this election is different from others. Very tight race and either party do not want to pass any bill that would negatively affect the results.
Our problem is the least of the problems the country is facing right now.
They would pass bill which would stimuate economy not help EB3 folks(who already have EADs) to get GC and make them sleep easily.
So let us be patient. Even if we get GCs...it is not useful for either parties....because we cannot vote.
Secondly, GOVT would lose EAD renewal, AP revenue etc.
So let us get out the illusion that our bills would be passed....it is not going to help the ailing economy. It might help lawyers to earn some good bucks.
my understanding of the US system is this ..a law passes in 2 scenarios ..one is if there is a great need due to urgent issues (example homeland security etc) and the second one is lobbying ..which takes place behind the scenes
(for e.g. nurse lobbyists, university lobbyists - increase of student OPT, oil companies, home builders, tech lobbyists etc etc)
earlier tech lobby was responsible for passage of most immi bills ..but nowadays they have more flexibility and hence they maynot be supporting much in terms of money. (because they simply outsource or they use company to company transfers).
so the only hope is for a new group of lobbyists to come in the picture and the only one that I can think of is the realtors / home builders etc. (for our benefit)
ofcourse the problem for us is that homebuilders / realtors are lobbying for passage of tax credits for new buyers etc (and hence you can see the speed at which housing bill is cruising) ..now if someone were to make a link between immi and housing ..then who knows something could happen
Our problem is the least of the problems the country is facing right now.
They would pass bill which would stimuate economy not help EB3 folks(who already have EADs) to get GC and make them sleep easily.
So let us be patient. Even if we get GCs...it is not useful for either parties....because we cannot vote.
Secondly, GOVT would lose EAD renewal, AP revenue etc.
So let us get out the illusion that our bills would be passed....it is not going to help the ailing economy. It might help lawyers to earn some good bucks.
my understanding of the US system is this ..a law passes in 2 scenarios ..one is if there is a great need due to urgent issues (example homeland security etc) and the second one is lobbying ..which takes place behind the scenes
(for e.g. nurse lobbyists, university lobbyists - increase of student OPT, oil companies, home builders, tech lobbyists etc etc)
earlier tech lobby was responsible for passage of most immi bills ..but nowadays they have more flexibility and hence they maynot be supporting much in terms of money. (because they simply outsource or they use company to company transfers).
so the only hope is for a new group of lobbyists to come in the picture and the only one that I can think of is the realtors / home builders etc. (for our benefit)
ofcourse the problem for us is that homebuilders / realtors are lobbying for passage of tax credits for new buyers etc (and hence you can see the speed at which housing bill is cruising) ..now if someone were to make a link between immi and housing ..then who knows something could happen
Winner
04-21 02:26 PM
This is a grey area subject to interpretations. Talk to an Anttorney - the reason I say this is - when your 485 gets denied wrongfully (your Attorney will tell you if the REASON was wrongful) - say AC21 old employer revoke 140 after 180 days - then an MOTIC whould resolve your issue - which typically takes a few weeks to 2 months or a bit more. Whether you stay here or work here - it is the same - no "Particular status". Once your MOTIC gets approved, you are back in status - so it is a big grey area subject to interpretation and Attorneys have different views based on how conservative one wants to be.
If you are sure your 485 can get denied for a "right reason" - then MTR or Appeal may not work - so you have to work out other options.
Thanks Chandu. I'm not in this situation right now, but my comany is trying to force me to use my EAD instead of renewing my H1B, so I'm just looking for some vaild reasons which I can present them and request them to renew my H1B.
If you are sure your 485 can get denied for a "right reason" - then MTR or Appeal may not work - so you have to work out other options.
Thanks Chandu. I'm not in this situation right now, but my comany is trying to force me to use my EAD instead of renewing my H1B, so I'm just looking for some vaild reasons which I can present them and request them to renew my H1B.
more...
prom2
07-22 12:02 AM
New fee is 1010 (I-485 + FP) + $305 (AP) + $340 (EAD) = $1655
I-485 new filing fee is a package fee (I-485+EAD+AP)= 1,010
I-485 new filing fee is a package fee (I-485+EAD+AP)= 1,010
vandanaverdia
09-12 07:08 PM
23 members & growing...
Wake up Washingtonians & Oregonians....
Wake up Washingtonians & Oregonians....
more...
USCISSucks
11-14 01:34 AM
Before 180 Days for those 140 approved
Do a H1 transfer and extension to new company which you like..
(don't use EAD with the new company)
Stay with the present company for some secondary part time job just not to get him mad (or take a vacation)
2 months would fly when you are making now decent money...
do whatever after 180 days.
I spoke with my Lawyer on this approach and says he doesn;t see any issue with this since I140 approved..
otehrs who have answered favourably please let us know if anybody did this?
Do a H1 transfer and extension to new company which you like..
(don't use EAD with the new company)
Stay with the present company for some secondary part time job just not to get him mad (or take a vacation)
2 months would fly when you are making now decent money...
do whatever after 180 days.
I spoke with my Lawyer on this approach and says he doesn;t see any issue with this since I140 approved..
otehrs who have answered favourably please let us know if anybody did this?
Bhaskar_80
05-21 04:45 PM
Hi,
Yes. PERM is taking close to 7 months if not stuck in Audit. My case was filed on 10/12/2009.
My employer saw that the status of my case changed to Certified in the following website
yesterday. So approximately it is taking b/w 7 to 8 months which is good news.
http://www.plc.doleta.gov/splash.cfm
Can anybody let me know, how long will it take to get the approval notice in hand.
Thanks and Regards
Yes. PERM is taking close to 7 months if not stuck in Audit. My case was filed on 10/12/2009.
My employer saw that the status of my case changed to Certified in the following website
yesterday. So approximately it is taking b/w 7 to 8 months which is good news.
http://www.plc.doleta.gov/splash.cfm
Can anybody let me know, how long will it take to get the approval notice in hand.
Thanks and Regards
more...
gc_on_demand
01-20 09:37 PM
I had same situation in 2009.. petition was approved in Mid 2008 and stamping was in feb 2009. No PIMS delay. I think if gap is more than few months , PIMS records are updated.
s416504
12-04 02:23 PM
I think EAD doesn't give us any STATUS. EAD gives us authorization to work.
We can live legally with pending AOS status. And due to AC21 protection, AOS can't be denied.
I think ashkam is missing the main point here. You are on EAD which is based on an employment based GC application where you have to be employed all the time. You (EAD and people who are on H1) are not supposed to tell that are unemployed! Duh!
A people who are on H1 (same goes to people with EAD based on a employment based GC) and out of payroll for more than 28 days (not sure about the exact # of days, some says 42 days), you are out of status.
So think twice before you disclose that you are unemployed.
We can live legally with pending AOS status. And due to AC21 protection, AOS can't be denied.
I think ashkam is missing the main point here. You are on EAD which is based on an employment based GC application where you have to be employed all the time. You (EAD and people who are on H1) are not supposed to tell that are unemployed! Duh!
A people who are on H1 (same goes to people with EAD based on a employment based GC) and out of payroll for more than 28 days (not sure about the exact # of days, some says 42 days), you are out of status.
So think twice before you disclose that you are unemployed.
more...
GCProbs
09-15 07:10 PM
Hi All,
I need an advise from IV folks..
here is my situation..
I've got my I-485 approved through company A (Future Employment) on 09-2010 (Case details: PD 06 I-140 AD 02 I-485 RD 07-2007 AD 09-2010). I've never worked for the Company A and my GC-sponsoring company is about to close any time. Since 01-2008 I've been working for company B in same/similar field and did not file AC-21. If I want to continue working for company B, do I have to file AC-21? Please let me know if I need to concern about any thing in future.
Since GC-Sponsoring company is going to close any time... So I cannot return back to that company...
Please advise me...
I need an advise from IV folks..
here is my situation..
I've got my I-485 approved through company A (Future Employment) on 09-2010 (Case details: PD 06 I-140 AD 02 I-485 RD 07-2007 AD 09-2010). I've never worked for the Company A and my GC-sponsoring company is about to close any time. Since 01-2008 I've been working for company B in same/similar field and did not file AC-21. If I want to continue working for company B, do I have to file AC-21? Please let me know if I need to concern about any thing in future.
Since GC-Sponsoring company is going to close any time... So I cannot return back to that company...
Please advise me...
rockstart
03-02 10:00 AM
The answer is Yes & No. You are correct that CIS should only care of status from last entry on visa. But CIS does ask for all the documents from your first entry to US. Though you can always invoke 245(k) in case you have status issues that does not stop CIS from asking old documents
As I said before, one needs to show that he/she is maintaining status since last entry only. Your attorney should know this.
____________________
Not a legal advice
US citizen of Indian origin
As I said before, one needs to show that he/she is maintaining status since last entry only. Your attorney should know this.
____________________
Not a legal advice
US citizen of Indian origin
more...
Jitamitra
05-29 07:56 PM
Get a good attorney to solve this issue as practically speaking, you were out of status from period of 2006-2008 as your Company A's Approval overrided your university H1.
USCIS is expecting that you submitted Company A's Approval for transfer instead of University's H1B Approval
This is not a legal advise. Please get in touch with a immigration attorney.
USCIS is expecting that you submitted Company A's Approval for transfer instead of University's H1B Approval
This is not a legal advise. Please get in touch with a immigration attorney.
felix31
10-05 02:31 PM
same here,
we have applied every year and I often hear back from people who do win this loterry, somehow it didi not work out for us...at least, not yet!
anyway, getting ready to apply this weekend..who knows, maybe this is our lucky year..
cheers
we have applied every year and I often hear back from people who do win this loterry, somehow it didi not work out for us...at least, not yet!
anyway, getting ready to apply this weekend..who knows, maybe this is our lucky year..
cheers
more...
amitjoey
06-17 06:50 PM
Total Contributions on this thread: $650- I am moving these to the funding thread. Please post your contributions on the funding thread.
EkAurAaya
05-24 12:42 PM
http://timesofindia.indiatimes.com/articleshow/msid-2072510,prtpage-1.cms
Great immigration debate has Indians steamed up
24 May, 2007 l 2200 hrs ISTlCHIDANAND RAJGHATTA/TIMES NEWS NETWORK
WASHINGTON: The fate of tens of thousands of high-skilled Indian professionals waiting to be permanent US residents is being sidelined in an immigration debate that is heavily tilted in favor of illegal workers, according to advocates of high-tech immigration and Indian activists.
Close to 450,000 Indian professionals are caught up in the H1-B-Green Card gridlock, but the immigration bill currently being debated in Congress will exacerbate their agony instead of resolving the matter, activists
for the skilled immigrants lobby say.
Despite the support of US high-tech companies such as Microsoft and Cisco, and business-industry lobbying groups, the ongoing debate centers mainly on the 12 million mostly illegal immigrants, who, under the new proposals being mooted, will jump ahead of high-skilled Indians and qualify to become US citizens.
"What's being debated here is a pro-illegal worker, anti-skilled professional bill," says Aman Kapoor, co-founder of the advocacy group Immigration Voice(www.immigrationvoice.com)
According to Kapoor and others, some of the new rules being considered will be heartbreaking for skilled Indian professionals. Not only is there a proposal to reduce skilled worker Green Cards from 140,000 to 90,000, there is also a move that would require H1B holders to renew their visas on an annual basis.
A new merit-based points system is also loaded against skilled professionals, they say. For instance, economic contribution by the undocumented is recognized by awarding points for property ownership but not for people working legally.
Even accounting for proposed hike in skilled worker Green Card allocation to individual countries from 7 per cent to ten per cent of the total quota, it will take 45 years to clear the backlog from India at the rate of around 10,000 Green Cards a year, claims Kapoor. "What this country is saying is that it prefers cherry pickers to high skilled work force, not that I have anything against cherry pickers," he said.
Vinod Agarwal's immigration saga is a typical narrative that describes the tortured lives of the nearly half million young Indians mired in the great wrangle currently roiling the United States.
Vinod came to the 'States for his masters' degree in 1997 on an F-1 student visa and changed to an H1-B visa when he was hired by a U.S tech company in 2000. In 2001, his employer started the process to help him secure a permanent resident visa, or Green Card, the first step towards eventual US citizenship.
Thanks to a gridlock arising from complicated rules and a huge backlog, this process, now five years old, could take another two to three years. Among the big hurdles: a yearly limit of 140,000 on employment-based Green Cards for skilled workers.
To further stymie things, no more than seven per cent of Green Cards � less than 10,000 -- are allowed to be allocated to immigrants (including their spouses and children) from any one country. The per-country limitation was meant to avoid monopolization by any one country, but it puts a crimp on countries such as India, China and Russia, which send far more high skilled workers to the US than others.
Because of this mess, Vinod has had to put a hold on some of the most important decisions in his life � like marriage, or making investment commitments. And because his Green Card process is tied to his employer, he cannot make career moves and has to put a lid on his entrepreneurial ambitions and options.
So, a decade after he came to the land of opportunity, Vinod is still a guest, although the contribution of his ilk to the American economy is a matter of record.
According to a recent study, 24% of all the US patents filed from the US are by foreign nationals on temporary visas. Nearly a quarter of tech companies in Silicon Valley are started by skilled professionals who came to the US on H1-B visas.
If Vinod and his type thought the new immigration bill now being debated in the US Congress could address their plight, the were mistaken. The bill, say Immigration Voice activists, has been hijacked by advocates for restricting high-skilled immigrants and those promoting vote bank politics.
"Illegal immigrants are sucking all the air in the room," adds Vikas Chowdhury, a tech professional also caught in the Green Card imbroglio. "The message from the US Senate to legal, skill based immigrants is, 'so long suckers!"
Great immigration debate has Indians steamed up
24 May, 2007 l 2200 hrs ISTlCHIDANAND RAJGHATTA/TIMES NEWS NETWORK
WASHINGTON: The fate of tens of thousands of high-skilled Indian professionals waiting to be permanent US residents is being sidelined in an immigration debate that is heavily tilted in favor of illegal workers, according to advocates of high-tech immigration and Indian activists.
Close to 450,000 Indian professionals are caught up in the H1-B-Green Card gridlock, but the immigration bill currently being debated in Congress will exacerbate their agony instead of resolving the matter, activists
for the skilled immigrants lobby say.
Despite the support of US high-tech companies such as Microsoft and Cisco, and business-industry lobbying groups, the ongoing debate centers mainly on the 12 million mostly illegal immigrants, who, under the new proposals being mooted, will jump ahead of high-skilled Indians and qualify to become US citizens.
"What's being debated here is a pro-illegal worker, anti-skilled professional bill," says Aman Kapoor, co-founder of the advocacy group Immigration Voice(www.immigrationvoice.com)
According to Kapoor and others, some of the new rules being considered will be heartbreaking for skilled Indian professionals. Not only is there a proposal to reduce skilled worker Green Cards from 140,000 to 90,000, there is also a move that would require H1B holders to renew their visas on an annual basis.
A new merit-based points system is also loaded against skilled professionals, they say. For instance, economic contribution by the undocumented is recognized by awarding points for property ownership but not for people working legally.
Even accounting for proposed hike in skilled worker Green Card allocation to individual countries from 7 per cent to ten per cent of the total quota, it will take 45 years to clear the backlog from India at the rate of around 10,000 Green Cards a year, claims Kapoor. "What this country is saying is that it prefers cherry pickers to high skilled work force, not that I have anything against cherry pickers," he said.
Vinod Agarwal's immigration saga is a typical narrative that describes the tortured lives of the nearly half million young Indians mired in the great wrangle currently roiling the United States.
Vinod came to the 'States for his masters' degree in 1997 on an F-1 student visa and changed to an H1-B visa when he was hired by a U.S tech company in 2000. In 2001, his employer started the process to help him secure a permanent resident visa, or Green Card, the first step towards eventual US citizenship.
Thanks to a gridlock arising from complicated rules and a huge backlog, this process, now five years old, could take another two to three years. Among the big hurdles: a yearly limit of 140,000 on employment-based Green Cards for skilled workers.
To further stymie things, no more than seven per cent of Green Cards � less than 10,000 -- are allowed to be allocated to immigrants (including their spouses and children) from any one country. The per-country limitation was meant to avoid monopolization by any one country, but it puts a crimp on countries such as India, China and Russia, which send far more high skilled workers to the US than others.
Because of this mess, Vinod has had to put a hold on some of the most important decisions in his life � like marriage, or making investment commitments. And because his Green Card process is tied to his employer, he cannot make career moves and has to put a lid on his entrepreneurial ambitions and options.
So, a decade after he came to the land of opportunity, Vinod is still a guest, although the contribution of his ilk to the American economy is a matter of record.
According to a recent study, 24% of all the US patents filed from the US are by foreign nationals on temporary visas. Nearly a quarter of tech companies in Silicon Valley are started by skilled professionals who came to the US on H1-B visas.
If Vinod and his type thought the new immigration bill now being debated in the US Congress could address their plight, the were mistaken. The bill, say Immigration Voice activists, has been hijacked by advocates for restricting high-skilled immigrants and those promoting vote bank politics.
"Illegal immigrants are sucking all the air in the room," adds Vikas Chowdhury, a tech professional also caught in the Green Card imbroglio. "The message from the US Senate to legal, skill based immigrants is, 'so long suckers!"
more...
lostinbeta
10-21 02:27 AM
Awesome.
Nice start also :)
Nice start also :)
Brightsider
11-16 03:31 PM
Guys,
Am trying to find out the relevant parts of HR 2892 that extends that benefit to EB cases.
Havent been able to find it?
Apart from Shusterman's commentary, I havent seen anything about the extension of benefits of the 'widow's penalty' to EB cases.
Maybe I am not looking at the right doc.
But those of you who have been able to see it in the statute/law, could you please point it out .....by sending the url, or noting the section/article of the law or any other way.
Many thanks
Am trying to find out the relevant parts of HR 2892 that extends that benefit to EB cases.
Havent been able to find it?
Apart from Shusterman's commentary, I havent seen anything about the extension of benefits of the 'widow's penalty' to EB cases.
Maybe I am not looking at the right doc.
But those of you who have been able to see it in the statute/law, could you please point it out .....by sending the url, or noting the section/article of the law or any other way.
Many thanks
pappu
07-28 12:09 PM
I dont know whether IV could raise this issue or members of each state could talk with the DMV (highest official) or even the governor of the state so that this ridiculous rule which is causing a lot of pain to lot of our members is taken care off. They introduced this rule to keep away people who are out of status to renew the lisence. For that they only need to check the visas / other documents and need not require the person to retake the whole test. The DMV claims that this is required because as of the date of expiry of your (non renewable) lisence, you actually dont have a lisence to renew and therefore have to redo the whole thing.
Good idea. It is something state chapters can take up as an issue and take it to the local authorities. Michigan chapter had successfully done some advocacy effort. Those members can provide guidance if you are interested in taking it up in your state. IV will also help as needed and put its weight behind you, once you take it up as your action item at chapter level.
Good idea. It is something state chapters can take up as an issue and take it to the local authorities. Michigan chapter had successfully done some advocacy effort. Those members can provide guidance if you are interested in taking it up in your state. IV will also help as needed and put its weight behind you, once you take it up as your action item at chapter level.
gconmymind
11-05 03:50 AM
Situation - During the month of July, I filed my 485 when all categories were current. Got my receipt too. Missed wife's application because her papers were not ready. Now priority dates have retrogressed again.
Saving grace - Our H1/H4 are in order with many long years left on them.
Question - Can I file my wife 485 now as a dependent, even though "my" PD is not current yet. The core point is that, does the concept of PD applies to the dependent 485 applications too?
I am in almost the same boat, with the exception that my receipts have not arrived yet!! :mad:
Only saving grace is that I am EB2 and my priority date is May '04, so hoping the bulletin to be current for me in a few months so I can file for my wife..keeping my fingers crossed...
Saving grace - Our H1/H4 are in order with many long years left on them.
Question - Can I file my wife 485 now as a dependent, even though "my" PD is not current yet. The core point is that, does the concept of PD applies to the dependent 485 applications too?
I am in almost the same boat, with the exception that my receipts have not arrived yet!! :mad:
Only saving grace is that I am EB2 and my priority date is May '04, so hoping the bulletin to be current for me in a few months so I can file for my wife..keeping my fingers crossed...
gaurav_sh2
07-18 10:20 AM
what is your country of birth? I know dates never went current to sep'08 for india...
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