ItIsNotFunny
05-01 03:34 PM
Well, you assume family members can get AP and EAD after submitting I-485. Not true for many people. Take myself as an example, I was not lucky enough to file my I485 in 2007. So with a PD of early 2007, I have none of the benefit from AOS at all.
Although for me it's not a big deal because my wife will soon get her PhD and will file for her own immigration petition. This actually works better for us, because it will make the line much shorter and both of us will get the green card much quicker.
However, for those who do not work and solely depend on their spouses to get green card. This change can spell disaster for them during the long wait caused by retrogression without the ability to file AOS.
Chan is right. If interpretation will start the way you are proposing, it will be sheer disaster for people who didn't file I-485 yet.
Although for me it's not a big deal because my wife will soon get her PhD and will file for her own immigration petition. This actually works better for us, because it will make the line much shorter and both of us will get the green card much quicker.
However, for those who do not work and solely depend on their spouses to get green card. This change can spell disaster for them during the long wait caused by retrogression without the ability to file AOS.
Chan is right. If interpretation will start the way you are proposing, it will be sheer disaster for people who didn't file I-485 yet.
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minimalist
01-30 07:33 PM
1) Read about how treacherous a path they take when they cross the border. The position they were in their home country is what drives them to risk life to get to a place where they can find a better life and moreover provide a better life to family back at home , whom they may not see even once in few years.
Once you have a fair understanding of their path, in my opinion,you will never compare yourself with them and feel bad about few things that may have gone right for them.
2)The government bringing them to the front of the line is definitely injustice to people who are already there in the queue as well as to those who are going to apply legally in future. They should make sure they don't get precedence over the current applicants and they have to make sure the don't create a block for the future legal applicants.
And none of us should even complain when millions of illegals are suddenly made legal by the Government and they jump the line in front of us for no fault of ours and there are EB3s still waiting from 2001. The illegals have taken a risk right by jumping across the border and staying here illegally???
:rolleyes::rolleyes:
Once you have a fair understanding of their path, in my opinion,you will never compare yourself with them and feel bad about few things that may have gone right for them.
2)The government bringing them to the front of the line is definitely injustice to people who are already there in the queue as well as to those who are going to apply legally in future. They should make sure they don't get precedence over the current applicants and they have to make sure the don't create a block for the future legal applicants.
And none of us should even complain when millions of illegals are suddenly made legal by the Government and they jump the line in front of us for no fault of ours and there are EB3s still waiting from 2001. The illegals have taken a risk right by jumping across the border and staying here illegally???
:rolleyes::rolleyes:
archanais
07-04 09:48 PM
When I joined Company X (prior employer) I paid for H1b transfer fee and h1b renewal fee(total $3200 + $3000).
They agreed to sponsor my green card(just to give required paperwork) and they asked me to pay GC cost, So far I have paid $1500 for labor +$1700 advertisement + $1700 for I-140 + $3750 just now to file I-485 for me and for my spouse as dates were current to my lawyer . I have labor and I-140 approved from Company X.
I was compromising my personal life by staying away from my family and company X didn't find any client near to my home. I decided to stay at home hoping Company X will find some client near to my home. I was on a bench(no salary for a month).When I asked for a "employment letter "to file I-485 Comapny X said they can't give because they are
not paying me , I said I will resign and then you give me "future employement letter". I resiged Company X( i found company Y near to my home), in 10 days they cancelled my H1b visa without informing me, gladly I found Company Y and H1b transfer took place before they could cancel my H1b. Company X is reluctant even today to give future emplyement
letter.They are ready to do corp-to-corp, for that I have to pay them H1b tranfer cost of $3200(as my prior h1b got cancelled by company X) . I don't beleive its worth going back to them , but at the same time never wanted to lose $8650 green card cost. To join Company Y again I paid h1b transfer fee and , company Y expects me to pay Green card cost again. I am on 7th year extension. New H1b is valid till 2010(3 yr extension on I-140 approval from company X).
Shall I start green card again with company Y ?
Company X doesn't respond to emails/calls. There should some law to protect us from such employers. BTW Employer X was an american employer and wants to follow book-rules.Example .. informing USCIS to windraw H1b petition.
They agreed to sponsor my green card(just to give required paperwork) and they asked me to pay GC cost, So far I have paid $1500 for labor +$1700 advertisement + $1700 for I-140 + $3750 just now to file I-485 for me and for my spouse as dates were current to my lawyer . I have labor and I-140 approved from Company X.
I was compromising my personal life by staying away from my family and company X didn't find any client near to my home. I decided to stay at home hoping Company X will find some client near to my home. I was on a bench(no salary for a month).When I asked for a "employment letter "to file I-485 Comapny X said they can't give because they are
not paying me , I said I will resign and then you give me "future employement letter". I resiged Company X( i found company Y near to my home), in 10 days they cancelled my H1b visa without informing me, gladly I found Company Y and H1b transfer took place before they could cancel my H1b. Company X is reluctant even today to give future emplyement
letter.They are ready to do corp-to-corp, for that I have to pay them H1b tranfer cost of $3200(as my prior h1b got cancelled by company X) . I don't beleive its worth going back to them , but at the same time never wanted to lose $8650 green card cost. To join Company Y again I paid h1b transfer fee and , company Y expects me to pay Green card cost again. I am on 7th year extension. New H1b is valid till 2010(3 yr extension on I-140 approval from company X).
Shall I start green card again with company Y ?
Company X doesn't respond to emails/calls. There should some law to protect us from such employers. BTW Employer X was an american employer and wants to follow book-rules.Example .. informing USCIS to windraw H1b petition.
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alisa
12-12 09:22 PM
Thanks for your advice. The intent of the letter is to show a different perspective to Senator Sessions. Nothing more or nothig less. He said he did not receive any feedback from legal immigrants. Fine, we say here it comes. If he continues to block legal immigration reform bills, he has to find another pretext, not "no feedback from immigrants".
There is always a rational side in every human being. Senator Sessions is smart. Let us hope Senator Sessions surprises us by bringing his own version of EB immigration reform.
I agree whole-heartedly.
Senators/Congressmen are rational, smart and intelligent people. We HAVE to apprise them of our situation.
We have a legitimate, common sense and good cause on our side.
In this time of globalization and increased competition, do the senators/congressmen really want this country to lose half a million highly skilled, experienced and trained-in-America-for-years people to India and China, and to Europe and canada?
If they put 'holds' or refuse to take up our cause after they are fully aware of our situation, then atleast you know that they are doing it out of racism and/or narrow political and parochial motives.
But unless we make our situation known to these guys, we shouldn't really blame them.......Also, those with kids born in America might get more of a response from the legislators.
It is pathetic that there is a thread from NJ, and the guy is begging people to join/respond; it is mind-boggling that there are only seven members from NJ. It is absolutely ridiculous that the only two responses on the 'Calling all Wisconsin members' have been from myself, and another person. And that other person is from Illinois......
Can there be any guidance from the core team about personalizing our stories, and making those known to the legislators?
There is always a rational side in every human being. Senator Sessions is smart. Let us hope Senator Sessions surprises us by bringing his own version of EB immigration reform.
I agree whole-heartedly.
Senators/Congressmen are rational, smart and intelligent people. We HAVE to apprise them of our situation.
We have a legitimate, common sense and good cause on our side.
In this time of globalization and increased competition, do the senators/congressmen really want this country to lose half a million highly skilled, experienced and trained-in-America-for-years people to India and China, and to Europe and canada?
If they put 'holds' or refuse to take up our cause after they are fully aware of our situation, then atleast you know that they are doing it out of racism and/or narrow political and parochial motives.
But unless we make our situation known to these guys, we shouldn't really blame them.......Also, those with kids born in America might get more of a response from the legislators.
It is pathetic that there is a thread from NJ, and the guy is begging people to join/respond; it is mind-boggling that there are only seven members from NJ. It is absolutely ridiculous that the only two responses on the 'Calling all Wisconsin members' have been from myself, and another person. And that other person is from Illinois......
Can there be any guidance from the core team about personalizing our stories, and making those known to the legislators?
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anzerraja
07-20 08:42 AM
Thanks sdrk !!!
I pledge $100
I pledge $100
485Mbe4001
07-28 03:05 PM
:D well said..
self interest is the ONLY binding factor amongst 'highly skilled' workers
Others are scared sh*it that the real deal will be revealed. Just goes to prove that if the current system goes to serve YOUR narrow self interest, you will go to no end to justify it AND defend it... even at the cost of creating deep divides amongst a larger group. Suddenly, your sense of outrage has been channeled against EB3 I's seeking a voice and not against the 'system' that you claimed to care fixing. Nice. A chameleon would be proud to welcome you to the family.
The visecral reaction to my thread (not threat!) has only gone to prove my hypothesis - self interest is the ONLY binding factor amongst 'highly skilled' workers
Others are scared sh*it that the real deal will be revealed. Just goes to prove that if the current system goes to serve YOUR narrow self interest, you will go to no end to justify it AND defend it... even at the cost of creating deep divides amongst a larger group. Suddenly, your sense of outrage has been channeled against EB3 I's seeking a voice and not against the 'system' that you claimed to care fixing. Nice. A chameleon would be proud to welcome you to the family.
.....
Peace!
self interest is the ONLY binding factor amongst 'highly skilled' workers
Others are scared sh*it that the real deal will be revealed. Just goes to prove that if the current system goes to serve YOUR narrow self interest, you will go to no end to justify it AND defend it... even at the cost of creating deep divides amongst a larger group. Suddenly, your sense of outrage has been channeled against EB3 I's seeking a voice and not against the 'system' that you claimed to care fixing. Nice. A chameleon would be proud to welcome you to the family.
The visecral reaction to my thread (not threat!) has only gone to prove my hypothesis - self interest is the ONLY binding factor amongst 'highly skilled' workers
Others are scared sh*it that the real deal will be revealed. Just goes to prove that if the current system goes to serve YOUR narrow self interest, you will go to no end to justify it AND defend it... even at the cost of creating deep divides amongst a larger group. Suddenly, your sense of outrage has been channeled against EB3 I's seeking a voice and not against the 'system' that you claimed to care fixing. Nice. A chameleon would be proud to welcome you to the family.
.....
Peace!
more...
franklin
06-17 09:33 PM
I am waiting ..
ditto
ditto
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nozerd
03-08 07:44 AM
Just forget about GC and save as much as you can to take back home. Treat US the same way Indians treat ME.
Just take your fortune with you. If the GC comes then great, if not thats fine too. You are going back home with something - hard cash.
Remember US $ 210 K is nearly 1 crore rupees.
Just take your fortune with you. If the GC comes then great, if not thats fine too. You are going back home with something - hard cash.
Remember US $ 210 K is nearly 1 crore rupees.
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chetanjumani
08-26 03:11 AM
I have only seen one person get through background check in the last year. That was through senator intervention. Person got approved (it was a premium processing case). companies generally do not want to go throgh senator/congressmen intervention due to fear of tweaking uscis.
Since his 140 is approved then he is not subject to the quota. However; he could just wait or file another h-1b with another comany. If he asks for I-94 card then uscis could ask for maintaining status. He is in what is considered a "bridge period". that is when I-94 card expires; you are legally here but if you fle an h-1b with another company then they shouldn't approve the second h-1b until the first one is approved (uscis doesn't always do this). Sometimes they approve the second one. However; if the first one gets denied then you wuld not be considered in "status" from date I-94 card expired until second companies h-1b got approved with I-94 card (would have greencard implications later).
He could just file an h-1b with another company in premium (do not ask for I-94 card). If/when uscis approves it then he would have to go for visa stamping and get I-94 card at the border.
Thank you united nation. You views/inputs are very valuable. Regards.
Since his 140 is approved then he is not subject to the quota. However; he could just wait or file another h-1b with another comany. If he asks for I-94 card then uscis could ask for maintaining status. He is in what is considered a "bridge period". that is when I-94 card expires; you are legally here but if you fle an h-1b with another company then they shouldn't approve the second h-1b until the first one is approved (uscis doesn't always do this). Sometimes they approve the second one. However; if the first one gets denied then you wuld not be considered in "status" from date I-94 card expired until second companies h-1b got approved with I-94 card (would have greencard implications later).
He could just file an h-1b with another company in premium (do not ask for I-94 card). If/when uscis approves it then he would have to go for visa stamping and get I-94 card at the border.
Thank you united nation. You views/inputs are very valuable. Regards.
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akhilmahajan
02-09 04:24 PM
..
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gcgonewild
02-14 10:27 AM
Signed up for Recurring contributions
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brij523
03-11 09:54 PM
How can a person find out that you are there when you have not written a word after the first post. Now that you have replied, that is good. Everyone knows that you have read the responses.
A kind request. Think about the question I am writing.
What do you think we should be doing at this site? What is the objective of this site? Is everyone being part of that objective? What would be a constructive post to be a part of objective? What effort people have put toward the objective?
Well, I am not annonymous and not ran away :). I read all the posts here and having a sense of "belonging". And the word "helpless" comes to mind.
Thank you ALL for responding to my post.
I also sent an email to my congress-women and lets see if go through.
Thanks again to all of you out there.
A kind request. Think about the question I am writing.
What do you think we should be doing at this site? What is the objective of this site? Is everyone being part of that objective? What would be a constructive post to be a part of objective? What effort people have put toward the objective?
Well, I am not annonymous and not ran away :). I read all the posts here and having a sense of "belonging". And the word "helpless" comes to mind.
Thank you ALL for responding to my post.
I also sent an email to my congress-women and lets see if go through.
Thanks again to all of you out there.
more...
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Sachin_Stock
09-23 02:18 PM
Another basic information. I-140 needs to be approved on its own merit. Once it is approved, the dates would be ported. There's no such extra-scrutiny added related to "porting" exercise as such.
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legal_gc_seeker
05-11 05:31 PM
Guys,
VISA BULLETIN FOR JUNE 2009 sets back EB2 priority back to 01JAN00.
Some thing needs to be done. The easist will be not counting ebdependents in ebquota. This should be very easy. There is no INA law linking ebquota with ebdependents.
I need IV Core help for this.
I don't think this is as simple as you say. Probably this would not affect young married couple who may have very young children and some may not even have one. This will affect children of those immigrants who are reaching 18 or 21. The law says you can get the dependent GC only if you are under 18 or 21. All of them will be affected. (I was not sure of the age if it was 18 or 21). They will be in limbo.
The best thing would be not to count them in any quota like they do for immediate relatives of citizens.
VISA BULLETIN FOR JUNE 2009 sets back EB2 priority back to 01JAN00.
Some thing needs to be done. The easist will be not counting ebdependents in ebquota. This should be very easy. There is no INA law linking ebquota with ebdependents.
I need IV Core help for this.
I don't think this is as simple as you say. Probably this would not affect young married couple who may have very young children and some may not even have one. This will affect children of those immigrants who are reaching 18 or 21. The law says you can get the dependent GC only if you are under 18 or 21. All of them will be affected. (I was not sure of the age if it was 18 or 21). They will be in limbo.
The best thing would be not to count them in any quota like they do for immediate relatives of citizens.
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sanjay
12-19 02:02 PM
I have a question regarding the 180 day rule. I am a July 2nd filer, got EAD and AP and did my FP. my I-140 was also approved in oct 2007. So, I will be meeting the 180 day rule and I-140 approved criteria in jan 2nd,08.
Can I change job after Jan 2nd or I have to wait for 180 days from the time of 140 approval date. I think if its from 485 receipt date, I do meet 180 days rule and am safe to move on with another job/employer.
I know this question should had been asked by other members also, but I don't want to search all threads.
Looking for some genuine answers instead of thread bashings.
Thanks in Adv.
Can I change job after Jan 2nd or I have to wait for 180 days from the time of 140 approval date. I think if its from 485 receipt date, I do meet 180 days rule and am safe to move on with another job/employer.
I know this question should had been asked by other members also, but I don't want to search all threads.
Looking for some genuine answers instead of thread bashings.
Thanks in Adv.
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pd052009
11-17 03:28 PM
Sent to Sen. and Rep. of NC.
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tikka
06-05 08:15 PM
In spite of all the forum spamming, I have contributed, thank you
And yes, I've sent multiple faxes to every senator.
And yes, I've visited, phoned and emailed multiple senators and congressmen.
And yes, I've sent approximately 700 emails to media outlets nationwide
PLEASE stop spamming the forums
so much franklin for all your efforts!
And yes, I've sent multiple faxes to every senator.
And yes, I've visited, phoned and emailed multiple senators and congressmen.
And yes, I've sent approximately 700 emails to media outlets nationwide
PLEASE stop spamming the forums
so much franklin for all your efforts!
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Naveen
05-04 07:59 PM
Hello Sir,
While opinions are good and welcome. My requirement is to see the exact INA language.
I have read the INA Sec 203 multiple times, I could not find the link between ebquota and ebdependents. May be I am missing it. Can some one show the exact lines in INA ?
Think about this "5 year old derivative kid" is counted in ebquota. How did the kid qualify for ebquota ? The law clearly says "to qualified immigrants who are aliens described in any of the following subparagraphs" and then goes on to say the exact qualification.
Don't take me out of context. I do want the kid to get greencard, however I am against the kid being counted in ebquota.
I am yet to get the access to ( I am a recent donor ) donor thread that refers the exact INA language. Can some other donor post the exact INA language in this thread ?
Thanks
Hello Madam,
22 CFR 42.32 a(2),b(2),C(2) page 224
http://edocket.access.gpo.gov/cfr_2005/aprqtr/pdf/22cfr42.32.pdf
(2) Entitlement to derivative status. Pursuant to INA 203(d), and whether or not named in the petition, the child or spouse of an employment-based first preference immigrant, if not otherwise entitled to an immigrant status and the immediate issuance of a visa, is entitled to a derivative status corresponding to the classification and priority date of the beneficiary of the petition.
Hope this helps you sleep better at night.
Thanks
P.S: This is just to prove your attorney is wrong. Now thanks for donating and lets fight to remove the country limits and exempt dependents from the quota. Are you with us?
While opinions are good and welcome. My requirement is to see the exact INA language.
I have read the INA Sec 203 multiple times, I could not find the link between ebquota and ebdependents. May be I am missing it. Can some one show the exact lines in INA ?
Think about this "5 year old derivative kid" is counted in ebquota. How did the kid qualify for ebquota ? The law clearly says "to qualified immigrants who are aliens described in any of the following subparagraphs" and then goes on to say the exact qualification.
Don't take me out of context. I do want the kid to get greencard, however I am against the kid being counted in ebquota.
I am yet to get the access to ( I am a recent donor ) donor thread that refers the exact INA language. Can some other donor post the exact INA language in this thread ?
Thanks
Hello Madam,
22 CFR 42.32 a(2),b(2),C(2) page 224
http://edocket.access.gpo.gov/cfr_2005/aprqtr/pdf/22cfr42.32.pdf
(2) Entitlement to derivative status. Pursuant to INA 203(d), and whether or not named in the petition, the child or spouse of an employment-based first preference immigrant, if not otherwise entitled to an immigrant status and the immediate issuance of a visa, is entitled to a derivative status corresponding to the classification and priority date of the beneficiary of the petition.
Hope this helps you sleep better at night.
Thanks
P.S: This is just to prove your attorney is wrong. Now thanks for donating and lets fight to remove the country limits and exempt dependents from the quota. Are you with us?
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CADude
08-22 10:38 PM
Congrats!!. Good to know that TSC started processing for July NSC --> TSC transfer cases. Hope in next 2 weeks they will finish July 2nd NSC --> TSC transfer cases.
My checks got encashed this friday. Applications were delivered to NSC on July 2nd, later forwarded to TSC. My I140 was approved in TSC.
When the checks get encashed, the receipts number are printed on the back of the check. Using the receipt number you can track your application. I also subscribed for automated email from the USCIS website if there is any change in the status. I got an automated reply from USCIS yesterday.
Application Type: I765, APPLICATION FOR EMPLOYMENT AUTHORIZATION
Current Status: Card production ordered.
On August 21, 2007, we ordered production of your new card. Please allow 30 days for your card to be mailed to you. If we need something from you we will contact you. If you move before you receive the card, call customer service. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register.
My checks got encashed this friday. Applications were delivered to NSC on July 2nd, later forwarded to TSC. My I140 was approved in TSC.
When the checks get encashed, the receipts number are printed on the back of the check. Using the receipt number you can track your application. I also subscribed for automated email from the USCIS website if there is any change in the status. I got an automated reply from USCIS yesterday.
Application Type: I765, APPLICATION FOR EMPLOYMENT AUTHORIZATION
Current Status: Card production ordered.
On August 21, 2007, we ordered production of your new card. Please allow 30 days for your card to be mailed to you. If we need something from you we will contact you. If you move before you receive the card, call customer service. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register.
BharatPremi
11-08 11:47 AM
Thanks SIRINEME for Sharing your experiance.
Quick Question though,
What Happens if you are offered Higher Position then the responsibility listed in Job descirption? For eg. Lots of perople apply for Programmer/Analyst Position and over the years of cumulative experiance he is offered Architect Position.
Thanks,
In my opinion, This Job code/description related facts ONLY relates to immigration related paper work. In real life , practically one may be handling the load of directing or managing people though for immigration pupose s/he may just be a software engineer or programmer. But in this kind of scenario one has to be extra cautious to have "Software Engineer or programmer" on offer letter till s/he gets done with immigration. Now some companies may prefer to go by book then one may not have a lot of levarage or choice other than performing the things what offer letter says.. And in that case one should not accept the oppertunity of higher skill and/or function inspite of its lucrativeness as to conclude immigration successfully.
Quick Question though,
What Happens if you are offered Higher Position then the responsibility listed in Job descirption? For eg. Lots of perople apply for Programmer/Analyst Position and over the years of cumulative experiance he is offered Architect Position.
Thanks,
In my opinion, This Job code/description related facts ONLY relates to immigration related paper work. In real life , practically one may be handling the load of directing or managing people though for immigration pupose s/he may just be a software engineer or programmer. But in this kind of scenario one has to be extra cautious to have "Software Engineer or programmer" on offer letter till s/he gets done with immigration. Now some companies may prefer to go by book then one may not have a lot of levarage or choice other than performing the things what offer letter says.. And in that case one should not accept the oppertunity of higher skill and/or function inspite of its lucrativeness as to conclude immigration successfully.
Ramba
07-09 02:41 PM
Getting a letter is not a big deal. What if I am a full time consultant in that company?
consultant does not consitute employer-employee relationship. This WILL NOT satisfy the full time permanant employment.
consultant does not consitute employer-employee relationship. This WILL NOT satisfy the full time permanant employment.
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