chanukya
02-20 10:50 PM
Yes it is positive --At-least senators are sticking to their timetable of CIR by March and April.
I guess that is the reason IV is asking for stories by Wednesday noon, This hearing is also on the same day.
Is this something positive, that can give us some hope? There hasn't been any good news for a long time.
I guess that is the reason IV is asking for stories by Wednesday noon, This hearing is also on the same day.
Is this something positive, that can give us some hope? There hasn't been any good news for a long time.
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lonedesi
06-02 08:55 PM
The video clip has been posted on the website and the link is
www.ktvu.com/video/9315563/index.html?taf=fran
Great job IV and Pratik !!!
www.ktvu.com/video/9315563/index.html?taf=fran
Great job IV and Pratik !!!
nozerd
02-01 12:59 PM
At POE they will ask you for an address for the PR card. Normally at land border they are strict and wont take a friends address etc. At airport they tend to be easier on you in accepting any address.
You dont need to do anything else. You may apply for a SIN number (Canada equivalent for an SSN) so that in the future if and when you do move there you can start working from day 1 because YOU WILL need SIN to work in Canada.
Many also start a bank account to show ties. You can do this depending on how much chance you think there is if you move there in the next 3 yrs before you loose your PR status.
You dont need to do anything else. You may apply for a SIN number (Canada equivalent for an SSN) so that in the future if and when you do move there you can start working from day 1 because YOU WILL need SIN to work in Canada.
Many also start a bank account to show ties. You can do this depending on how much chance you think there is if you move there in the next 3 yrs before you loose your PR status.
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Humhongekamyab
08-21 11:08 AM
EB-2, 140 approved, December 2005. File trasferred to TXSC last week.
more...
itsmesabby
08-27 01:16 PM
Even I have moved a bit in the past and hence provided one address of a family member for all GC related communication.
A lot of times people have multiple properties that they rent out in one state and they themselves work and live in a seperate state. So you would be fine, else you would have to update your address every 4 months and will have to make sure by calling etc that the address was updated in time.
A lot of times people have multiple properties that they rent out in one state and they themselves work and live in a seperate state. So you would be fine, else you would have to update your address every 4 months and will have to make sure by calling etc that the address was updated in time.
aa_ke_phas_gaya
04-30 05:09 PM
I am not being pessimistic; this is just my opinion about CIR: I don't have high hopes for CIR when it comes to EB immigration.
Every article that I read about CIR mentions issues related to undocumented workers/residents/aliens and border security. These are high priority issues within immigration reform domain. Legal immigration (family & employment) are secondary and in this segment Family based immigration gets precedence due to large number of immigrants from Latin America has larger vote.
I think issue of H1B visa will be at a higher priority as larger population of US is aware of this category so it has more political value and of course thanks to Sen. Grassley.
That puts Legal Skilled workers' issues related to immigration (GC) at the bottom of the pile. Not that other issues are non-important but since this issue has least priority we at IV need to emphasize more and explain the dire need for relief for those who are waiting for long time.
Bottom Line: Immigration is multi-issue agenda, IV needs to assign separate teams for these issues so even if CIR doesn't go through we at least will have success at fixing some of the issues.
Every article that I read about CIR mentions issues related to undocumented workers/residents/aliens and border security. These are high priority issues within immigration reform domain. Legal immigration (family & employment) are secondary and in this segment Family based immigration gets precedence due to large number of immigrants from Latin America has larger vote.
I think issue of H1B visa will be at a higher priority as larger population of US is aware of this category so it has more political value and of course thanks to Sen. Grassley.
That puts Legal Skilled workers' issues related to immigration (GC) at the bottom of the pile. Not that other issues are non-important but since this issue has least priority we at IV need to emphasize more and explain the dire need for relief for those who are waiting for long time.
Bottom Line: Immigration is multi-issue agenda, IV needs to assign separate teams for these issues so even if CIR doesn't go through we at least will have success at fixing some of the issues.
more...
needhelp!
11-15 11:15 AM
Go IV
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vin13
04-16 10:23 AM
Hello Attorney,
My wife received a RFE on her I-485 for missing medical test (TB test).
The deadline for responding to RFE is May 9th. She is out of the country currently and is scheduled to return on June 3rd.
Can we request an extension of time to reply to RFE based on hardship?
We just need one more month to comply with RFE.
Does USCIS normally provide extension for situations like the one above?
I took an infopass appointmnet at Baltimore and they couldn't offer a concrete answer since the case is pending with TSC. They asked me to reply to RFE asking for extension and provide supporting documents. I'm not sure if that would be accepted and results in denial of I-485.
Thanks in advance,
GCisaDawg
Can you not ask your wife to fly back early? Is there a genuine hardship.
When we had our fingerprint appointment and my wife was out of town, the attorneys said it is better not to reschedule. So she flew in before the appointment just to get the fingerprints done on time.
My wife received a RFE on her I-485 for missing medical test (TB test).
The deadline for responding to RFE is May 9th. She is out of the country currently and is scheduled to return on June 3rd.
Can we request an extension of time to reply to RFE based on hardship?
We just need one more month to comply with RFE.
Does USCIS normally provide extension for situations like the one above?
I took an infopass appointmnet at Baltimore and they couldn't offer a concrete answer since the case is pending with TSC. They asked me to reply to RFE asking for extension and provide supporting documents. I'm not sure if that would be accepted and results in denial of I-485.
Thanks in advance,
GCisaDawg
Can you not ask your wife to fly back early? Is there a genuine hardship.
When we had our fingerprint appointment and my wife was out of town, the attorneys said it is better not to reschedule. So she flew in before the appointment just to get the fingerprints done on time.
more...
pappu
08-01 10:50 AM
Texas chapter members pls contact IV at info at immigrationvoice.org if you like to be interviewd.
pls briefly describe your story to us in the email.
send us your full name and phone number
pls briefly describe your story to us in the email.
send us your full name and phone number
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spicy_guy
09-04 06:01 PM
Hello,
Last November I quit my job in the US and left the country as well. Two days ago, I received an email saying my 485 is approved, and card production was ordered. The card will go to an address in the US where someone can forward me the mail.
What should I do? Try to enter the U.S. with the card? What to say to POE officials? WIll I be questioned?
Thanks.
If you have AP you will be able to enter into the country without any issues / questions.
Last November I quit my job in the US and left the country as well. Two days ago, I received an email saying my 485 is approved, and card production was ordered. The card will go to an address in the US where someone can forward me the mail.
What should I do? Try to enter the U.S. with the card? What to say to POE officials? WIll I be questioned?
Thanks.
If you have AP you will be able to enter into the country without any issues / questions.
more...
raysaikat
07-10 08:50 PM
Hello,
I currently hold H1b visa (cap quota), i have an offer from a non profit organization and they are willing to sponsor for my H1b (non cap as this is from a non profit org). I'd like to know will there be any problem if in future i plan to move to a company that will sponsor h1b (cap). How difficult is to transfer from non cap h1 to cap h1?
There is nothing called "transfer". Every time the employer makes a new H1-B petition on behalf of the employee. There is no extra difficulty when you plan to move from your current job to another position that is subject to cap. The new employer will simply file a new H1-B petition.
I read online that if i plan to move from a non-cap h1 to cap h1 in future i have to apply in April under the general quota and wait until Oct to start work again.
This is not true in all cases (including your case). The rule is that if you have once counted in the last 6 years, then you are not subject to cap again. This however also means that you will only be able to get the remaining years from the 6 years limit. For instance, suppose you were counted the first time 5 years before. Then when you again another H1-B, although you will not be subject to cap, you will be able to remain in H1-B only for 1 year. If you do something to reset your H1-B clock (by staying outside US for 1 year, for example), then you will again be subject to cap.
Here is the actual language of the law:
(7) 2/ Any alien who has already been counted within the 6 years prior to the approval of a petition described in subsection (c), toward the numerical limitations of paragraph (1)(A)shall not again be counted toward those limitations unless the alien would be eligible for a full 6 years of authorized admission at the time the petition is filed. Where multiple petitions are approved for 1 alien, that alien shall be counted only once.
I highly recommend that you read the 8 CFR from uscis.gov.
What you "heard" is true for a person who never was on H1-B, and starts his/her career in a cap-exempt position. That person, when s/he wants to move to a non-cap-exempt position, will be subject to cap.
though i can work until the petition is pending.
I'd really appreciate any advise...
Thanks
Raj
I currently hold H1b visa (cap quota), i have an offer from a non profit organization and they are willing to sponsor for my H1b (non cap as this is from a non profit org). I'd like to know will there be any problem if in future i plan to move to a company that will sponsor h1b (cap). How difficult is to transfer from non cap h1 to cap h1?
There is nothing called "transfer". Every time the employer makes a new H1-B petition on behalf of the employee. There is no extra difficulty when you plan to move from your current job to another position that is subject to cap. The new employer will simply file a new H1-B petition.
I read online that if i plan to move from a non-cap h1 to cap h1 in future i have to apply in April under the general quota and wait until Oct to start work again.
This is not true in all cases (including your case). The rule is that if you have once counted in the last 6 years, then you are not subject to cap again. This however also means that you will only be able to get the remaining years from the 6 years limit. For instance, suppose you were counted the first time 5 years before. Then when you again another H1-B, although you will not be subject to cap, you will be able to remain in H1-B only for 1 year. If you do something to reset your H1-B clock (by staying outside US for 1 year, for example), then you will again be subject to cap.
Here is the actual language of the law:
(7) 2/ Any alien who has already been counted within the 6 years prior to the approval of a petition described in subsection (c), toward the numerical limitations of paragraph (1)(A)shall not again be counted toward those limitations unless the alien would be eligible for a full 6 years of authorized admission at the time the petition is filed. Where multiple petitions are approved for 1 alien, that alien shall be counted only once.
I highly recommend that you read the 8 CFR from uscis.gov.
What you "heard" is true for a person who never was on H1-B, and starts his/her career in a cap-exempt position. That person, when s/he wants to move to a non-cap-exempt position, will be subject to cap.
though i can work until the petition is pending.
I'd really appreciate any advise...
Thanks
Raj
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waitin_toolong
11-08 02:04 PM
show your H1 documents as well as EAD at SSN office.
it does not matter how you get SSN.
even if you get SSn based on H1 only you will be fine.
it does not matter how you get SSN.
even if you get SSn based on H1 only you will be fine.
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gcseeker2002
02-12 05:14 PM
If you have approved labor and 140, why you want to file EB2 perm?
1. Are you jumping to another company? Yes you can do this as you are not substituting any labor. You are just porting YOUR PD.
2. Are you thinking to apply ther PERM from the same company? It is possible only if you jump to different department. Yes, you can still port the PD.
Substitution is the terminology used only when the beneficiary name changes. As long as the original labor is in your name, you can port the PD n number of times.
Folks , for someone with March 2004 Eb3 India PD , is converting to Eb2 really going to help in any way at all ? Please suggest.
1. Are you jumping to another company? Yes you can do this as you are not substituting any labor. You are just porting YOUR PD.
2. Are you thinking to apply ther PERM from the same company? It is possible only if you jump to different department. Yes, you can still port the PD.
Substitution is the terminology used only when the beneficiary name changes. As long as the original labor is in your name, you can port the PD n number of times.
Folks , for someone with March 2004 Eb3 India PD , is converting to Eb2 really going to help in any way at all ? Please suggest.
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freedom_fighter
03-08 02:38 PM
another one bites the card.
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piyu7444
04-10 11:33 AM
Hi Guys -
I have a question about EAD and related to it is a question of re entry in US.
I am currently on h1b visa and have approved I 140 and was able to file for I-485 application alongwith EAD in July 07 fiasco. I got my EAD in Aug 2007 but never used it. I did not apply for AP.
Currently I am working as a consultant for (say) Co. ABC but my h1b holder is a desi consulting firm (say) Co. XYZ.
Now Co. ABC wants to hire me on EAD and I also want to take up this position. My current h1b expires in SEP 08 and my contract with Co. ABC expires May 2nd 2008.
If I take up a FT job with Co. ABC on May3rd and then go to Canada on May 15th for 10 days and then come back on May 25th and enter on h1b, what could be the impacts???
It is too late for me to apply and get the AP but I have to travel on May 15, at the same time I dont want to lose this position and want to take up the FT job.
Any suggestion on what could be my options to consider. I know that as soon as you use your EAD you lose h1b status but how does USCIS comes to know? How much time it takes for them to actually know that you have moved from h1b to EAD?
Gurus - please help me here...........
I have a question about EAD and related to it is a question of re entry in US.
I am currently on h1b visa and have approved I 140 and was able to file for I-485 application alongwith EAD in July 07 fiasco. I got my EAD in Aug 2007 but never used it. I did not apply for AP.
Currently I am working as a consultant for (say) Co. ABC but my h1b holder is a desi consulting firm (say) Co. XYZ.
Now Co. ABC wants to hire me on EAD and I also want to take up this position. My current h1b expires in SEP 08 and my contract with Co. ABC expires May 2nd 2008.
If I take up a FT job with Co. ABC on May3rd and then go to Canada on May 15th for 10 days and then come back on May 25th and enter on h1b, what could be the impacts???
It is too late for me to apply and get the AP but I have to travel on May 15, at the same time I dont want to lose this position and want to take up the FT job.
Any suggestion on what could be my options to consider. I know that as soon as you use your EAD you lose h1b status but how does USCIS comes to know? How much time it takes for them to actually know that you have moved from h1b to EAD?
Gurus - please help me here...........
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akred
04-10 12:44 AM
Try Wells Fargo or Chase. They have been quite good about lending me money for a couple of rental properties.
Also ask them for rebates as they are eager to get business.
Another one I came across was Penfed.org. They may work for you since you seem to be borrowing for a primary residence.
Also ask them for rebates as they are eager to get business.
Another one I came across was Penfed.org. They may work for you since you seem to be borrowing for a primary residence.
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Tommy_S
04-08 03:02 PM
Yup, the text "suffers".
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veni001
11-05 09:27 AM
That is true, however, would that result in the 140 being cancelled? As per several discussions the 140 can still be used for extensions (assuming that the 140 has not been revoked/cancelled by USCIS due to fraud and that the PD is not current for that catagory). Again this is debatable and there are lots of opinions on this issue out there.
Some people say that the PD of the older 140 (even if revoked/cancelled by the former employer) can be used when the new company clears the labor and is applying for the new 140.
You need to consider two scenarios here...
First: Approved I-140 revoked by employer, since the employee is no longer with him and or employer no longer want to proceed with immigrant worker petition.
In this case the beneficiary of I-140 can recapture priority date to a future immigrant worker petition by his prospective employer ( at new I-140 stage)
Second: Approved I-140 revoked by USCIS due to Fraud
In this case the employer or employee can no-longer eligible to use that I-140 , which includes recapturing priority date.
Remember: To get H1B extension beyond 6th year one need to have valid approved and/or pending labor/I-140.
If the PERM labor expires then you can not use that to get 1 year extension
If I-140 revoked by employer then you can not use that to get extension even for the same employer ( if you come back to him):p
Some people say that the PD of the older 140 (even if revoked/cancelled by the former employer) can be used when the new company clears the labor and is applying for the new 140.
You need to consider two scenarios here...
First: Approved I-140 revoked by employer, since the employee is no longer with him and or employer no longer want to proceed with immigrant worker petition.
In this case the beneficiary of I-140 can recapture priority date to a future immigrant worker petition by his prospective employer ( at new I-140 stage)
Second: Approved I-140 revoked by USCIS due to Fraud
In this case the employer or employee can no-longer eligible to use that I-140 , which includes recapturing priority date.
Remember: To get H1B extension beyond 6th year one need to have valid approved and/or pending labor/I-140.
If the PERM labor expires then you can not use that to get 1 year extension
If I-140 revoked by employer then you can not use that to get extension even for the same employer ( if you come back to him):p
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arnet
10-23 07:21 PM
My EAD card (renewal) has data entry error, it is USCIS mistake, so called them and they asked me to file new EAD application and send with this card to the center where it got approved. they asked me to send new EAD application with card (but no filing fee) and if it is not their problem and if it mine, then they will ask for the filing fee.
Did anyone had this experience before? please let me know the procedure, thanks.
Did anyone had this experience before? please let me know the procedure, thanks.
Karthikthiru
07-18 01:14 AM
We all should organize and fight for Recapturing the VISA numbers and also for SKIL bill
Karthik
Karthik
gcwait2007
12-21 08:23 PM
Friends,
I need your opinion. I came to USA in May 2005 and my H1-B is going to expire in Feb 2008, as per I-94 card as well as stamping of the H1-B visa. Thanks to USCIS ;) for opening the gates in July 2007, I had applied for I-140, I-485, I-131 & I-765, based on my approved EB-3 labor with PD 02/2007. While my I-140 and I-485 are pending, my EAD & AP were approved and received by me. My existing H1-B is expiring in Feb 2008 and my employer company has not taken any steps to renew. The Legal Assistant replied me cooly that why I cannot use EAD. I had been taken aback by her answer.
I have planned to talk to the top management of the company, but before talking to them I want to take all your opinion. Is it adviseable to use EAD in my situation? I have 3-yrs degree qualification and have been anxiously waiting for clearance of I-140.
I look forward for your advice,
Thanks in advance
I need your opinion. I came to USA in May 2005 and my H1-B is going to expire in Feb 2008, as per I-94 card as well as stamping of the H1-B visa. Thanks to USCIS ;) for opening the gates in July 2007, I had applied for I-140, I-485, I-131 & I-765, based on my approved EB-3 labor with PD 02/2007. While my I-140 and I-485 are pending, my EAD & AP were approved and received by me. My existing H1-B is expiring in Feb 2008 and my employer company has not taken any steps to renew. The Legal Assistant replied me cooly that why I cannot use EAD. I had been taken aback by her answer.
I have planned to talk to the top management of the company, but before talking to them I want to take all your opinion. Is it adviseable to use EAD in my situation? I have 3-yrs degree qualification and have been anxiously waiting for clearance of I-140.
I look forward for your advice,
Thanks in advance
