vedicman
10-28 12:53 PM
Skilled immigration: Green-card blues | The Economist (http://www.economist.com/node/17366155)
America�s immigration policies have long put a higher priority on family reunification than on employment. Legal immigrants to the country are more likely to have failed to finish high school than either native-born Americans or immigrants to other English-speaking countries. Immigrants to Canada are far more likely to have a college degree.
what visa are these legal immigrants coming on?
Still, it would be premature to write off the odds of immigration reform. If Mr Obama is to accomplish anything in the next Congress, he needs to find common ground with Republicans on something. Business-friendly immigration reform might just qualify.
The real question would be, after winning the elections, will there be a need for the republicans to find common ground with the president? Will they not be emboldened to be stubborn and just say "NO" to everything......... Why not? they (will) got rewarded by taking over the House!
America�s immigration policies have long put a higher priority on family reunification than on employment. Legal immigrants to the country are more likely to have failed to finish high school than either native-born Americans or immigrants to other English-speaking countries. Immigrants to Canada are far more likely to have a college degree.
what visa are these legal immigrants coming on?
Still, it would be premature to write off the odds of immigration reform. If Mr Obama is to accomplish anything in the next Congress, he needs to find common ground with Republicans on something. Business-friendly immigration reform might just qualify.
The real question would be, after winning the elections, will there be a need for the republicans to find common ground with the president? Will they not be emboldened to be stubborn and just say "NO" to everything......... Why not? they (will) got rewarded by taking over the House!
vicks_don
01-23 08:22 AM
You guys are great Leaders...
bharol
08-18 11:52 PM
I dont have any changes to status when I check my 485 case status online but today in the mail i received I797c notice welcoming me as a premenant residence. I am a bit hesitant to celebrate, but am I seeing green?:o
Raj
EB2- India [ Oct 2005 @ NSC]
485 filed Aug 2007
So you are saying the mail welcoming you as a permanent resident may not be confirmation of GC?
Come on. Dont be dumb.
Raj
EB2- India [ Oct 2005 @ NSC]
485 filed Aug 2007
So you are saying the mail welcoming you as a permanent resident may not be confirmation of GC?
Come on. Dont be dumb.
GCD
07-31 11:25 PM
I got a bunch that has photocopies from my lawyer of everything that went out to USCIS. 485, EAD, AP for myself and my wife.
Everything is ok, except that there is an extra copy of G 28 each for myself and my wife and these extra copies are not signed by attorneys.
In the middle of the package, right above the 485 forms, there are G28 forms that are properly signed. Everywhere else there is signatures where needed. But at the bottom of the bunch, there is extra G28 for each one of us that is missing signature from the attorney.
Could this be a problem? Also, where is the URL for USCIS FAQ that states under what conditions that petitions can boomerang back to us?
My lawyer filed the I-485, EAD and AP package for me and my wife. She put a G-28 notice for each application (with our and her signatures). She missed signing the AP G-28 for my wife. I asked her about this. She said it should be fine. They would not consider her notice of representation for this particular case, and would mail her AP approval directly at our home address.
Everything is ok, except that there is an extra copy of G 28 each for myself and my wife and these extra copies are not signed by attorneys.
In the middle of the package, right above the 485 forms, there are G28 forms that are properly signed. Everywhere else there is signatures where needed. But at the bottom of the bunch, there is extra G28 for each one of us that is missing signature from the attorney.
Could this be a problem? Also, where is the URL for USCIS FAQ that states under what conditions that petitions can boomerang back to us?
My lawyer filed the I-485, EAD and AP package for me and my wife. She put a G-28 notice for each application (with our and her signatures). She missed signing the AP G-28 for my wife. I asked her about this. She said it should be fine. They would not consider her notice of representation for this particular case, and would mail her AP approval directly at our home address.
more...
myimmiv
12-17 03:58 PM
There is no problem re-entering with a valid AP, even if the validity date is the day you re-enter.
You will have a problem if your AP is expired. My daughter came back with just one month on her AP and she was stamped with extra 6 months on I-94. But I don't know the reason for that.
Thanks lagsum. So after 6 months, did you extend her I-94?. My understanding is that if you enter as parolee, there is no need to do anything even if your I-94 expires.
You will have a problem if your AP is expired. My daughter came back with just one month on her AP and she was stamped with extra 6 months on I-94. But I don't know the reason for that.
Thanks lagsum. So after 6 months, did you extend her I-94?. My understanding is that if you enter as parolee, there is no need to do anything even if your I-94 expires.
hmehta
08-08 03:36 PM
No problem - we are all here to rant...and find solutions....so don't feel bad abt it:)
I have applied 485 just last month (haven't got my receipt yet though) but I didn't get any RFE in the 140 process, it was approved last year. But yes, go ahead and do the 'paid consultation' - as you mentioned, most certainly they will ask you to file an ammended H1 - personally, I don't think that will be an issue in the GC process.
How did your GC process turn out? Any RFEs because of this?
Basically I don't have a problem with amending my H1B if it does not do me any harm when it comes to my GC. What's most irritating is that my GC attny who has all the answers and could very easily advice me what to do suggested to set up a PAID CONSULTATION with their H1B attorney to discuss this. I am almost certain that eventual conclusion will be that its o.k. to amend the H1B. Even during this time after having spent the 1000s of $$$ for my GC they still want to milk me for more money and that's more troublesome than anything else. Its just the attitude.
Having said all this, I think I am going to spend the $$, talk to the H1B attny just for my own satisfaction.
Sorry about the rant and thanks for hearing me out.
I have applied 485 just last month (haven't got my receipt yet though) but I didn't get any RFE in the 140 process, it was approved last year. But yes, go ahead and do the 'paid consultation' - as you mentioned, most certainly they will ask you to file an ammended H1 - personally, I don't think that will be an issue in the GC process.
How did your GC process turn out? Any RFEs because of this?
Basically I don't have a problem with amending my H1B if it does not do me any harm when it comes to my GC. What's most irritating is that my GC attny who has all the answers and could very easily advice me what to do suggested to set up a PAID CONSULTATION with their H1B attorney to discuss this. I am almost certain that eventual conclusion will be that its o.k. to amend the H1B. Even during this time after having spent the 1000s of $$$ for my GC they still want to milk me for more money and that's more troublesome than anything else. Its just the attitude.
Having said all this, I think I am going to spend the $$, talk to the H1B attny just for my own satisfaction.
Sorry about the rant and thanks for hearing me out.
more...
subba
01-04 03:57 PM
Is there a place the membership number is shown?
So we are over 8000 strong. Lets target 10,000 by Jan 15?
So we are over 8000 strong. Lets target 10,000 by Jan 15?
american_dreams
08-01 01:51 PM
Below is the link where the new forms are posted on the USCIS website. Also note that beside each form under "Edition" colum it says: "Previous editions accepted." for I-485, I-765, I-131. So you can use either the new forms or the olf forms. But if you are applying based on Department of State’s July Visa Bulletin No. 107 you can file your application till August 17th 2007 and have to pay the old fee.
In fact USCIS posted on 7/30/2007 for I-765 previos versions will not be accepted. but they have updated the website on 7/31/2007 that previos versions will be accepted for I-765.
So do not worry about which version of the form you are using. Make sure you are including the correct fee.
http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=db029c7755cb9010VgnVCM10000045f3d6a1RCR D&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1 RCRD
BTW, i have the old forms if anyone really needs them.
In fact USCIS posted on 7/30/2007 for I-765 previos versions will not be accepted. but they have updated the website on 7/31/2007 that previos versions will be accepted for I-765.
So do not worry about which version of the form you are using. Make sure you are including the correct fee.
http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=db029c7755cb9010VgnVCM10000045f3d6a1RCR D&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1 RCRD
BTW, i have the old forms if anyone really needs them.
more...
getgreensoon1
05-11 02:27 PM
I will be applying for Employment Based green card (EB 1) as I am a multinational Manger . Would also like to include my spouse in the process. He is currently entering the US in July on F1 Visa to enroll into full time masters for 2 years My employer can file for a green card anytime
I would like to understand the following 1) Can my spouse continue in F1 status and be eligible for internship and OPT until the green card is received 2) Is there any consequences to his present status (F1) because we are going to process his green card? 3) Can he obtain EAD/H1 after his education if the green card is still pending
We don't want to get into a situation where he has lost his privilages as a F1 student because he has applied for green card.Please advice
WHy should his greencard be pending after two years ? He should get it as soon as you get it. In your case, since you are a MULTINATIONAL MANAGER, you should get this in a few weeks.
If you work for companies that commit EB1 multinational manager fraud everyday such as Infosys, TCS, congizant, LT, Wipro, its very likely that your EB1 application will be rejected. USCIS is now aware of these frauds very well and they are cracking down on this very rigourously. I am sure in your case you must be having a bachelors degree (may not be in engineering) and you must have worked in the parent company for a few years and now moved to the US. There must be one software engineer reporting to you in India for a few months until your case is processed. This has been a recipe for disaster in the last few months but you can still try your luck.
I would like to understand the following 1) Can my spouse continue in F1 status and be eligible for internship and OPT until the green card is received 2) Is there any consequences to his present status (F1) because we are going to process his green card? 3) Can he obtain EAD/H1 after his education if the green card is still pending
We don't want to get into a situation where he has lost his privilages as a F1 student because he has applied for green card.Please advice
WHy should his greencard be pending after two years ? He should get it as soon as you get it. In your case, since you are a MULTINATIONAL MANAGER, you should get this in a few weeks.
If you work for companies that commit EB1 multinational manager fraud everyday such as Infosys, TCS, congizant, LT, Wipro, its very likely that your EB1 application will be rejected. USCIS is now aware of these frauds very well and they are cracking down on this very rigourously. I am sure in your case you must be having a bachelors degree (may not be in engineering) and you must have worked in the parent company for a few years and now moved to the US. There must be one software engineer reporting to you in India for a few months until your case is processed. This has been a recipe for disaster in the last few months but you can still try your luck.
Dhundhun
10-19 09:27 PM
#1. When AP is applied, you need to mention duration. I doubt any one mentions duration as six months or one year. Usually people mention time is weeks or a month.
#2. When AP is applied, you need to mention reason. No primary I1485 applicant says to be "When I'll be out of job".
Whenever IOs feels that there is no voilation of duration/reason and intent of AP being used for emergency (family) and business purpose, they don't harass.
Refer to http://www.uscis.gov/files/form/I-131instr.pdf, page 3. Even if AP is applied for "Employment Based AOS Pending", clearly it mentions that "You may apply if you have an adjustment-of-status application pending and you seek to travel abroad for emergent personal or bona fide business reasons".
So USCIS has clearly mandated the use of AOS pending AP, it simple. We interpret as per out convenience and IOs interpret as per guidelines they have.
We can always say going to home country in case of loss of job to cut down expenses is an "emergent personal reason". How many IOs agree with that? But we have examples of dependants going for studies for several months and still return on AP was not an issue.
#2. When AP is applied, you need to mention reason. No primary I1485 applicant says to be "When I'll be out of job".
Whenever IOs feels that there is no voilation of duration/reason and intent of AP being used for emergency (family) and business purpose, they don't harass.
Refer to http://www.uscis.gov/files/form/I-131instr.pdf, page 3. Even if AP is applied for "Employment Based AOS Pending", clearly it mentions that "You may apply if you have an adjustment-of-status application pending and you seek to travel abroad for emergent personal or bona fide business reasons".
So USCIS has clearly mandated the use of AOS pending AP, it simple. We interpret as per out convenience and IOs interpret as per guidelines they have.
We can always say going to home country in case of loss of job to cut down expenses is an "emergent personal reason". How many IOs agree with that? But we have examples of dependants going for studies for several months and still return on AP was not an issue.
more...
willigetagc
08-09 05:51 PM
then why is'nt NSC approving 2006 cases at the rate at which TSC is?
Its not just what year petitions are getting approvals, the two service centers are taking different approaches. That makes a mockery of the visa bulletin. Its almost NSC giving the middle finger to DOS saying, we dont care where you move dates, we'll approve whatever petitions we wnat, at whatever rate we want.
Don't you know? they hate each other. If TSC does somethin NSC will do the opposite. That makes for nice coffee room gossip...
All these folks have only one finger - the middle one... And that leads to a lot of miscommunications even if unintended!!! :D
Its not just what year petitions are getting approvals, the two service centers are taking different approaches. That makes a mockery of the visa bulletin. Its almost NSC giving the middle finger to DOS saying, we dont care where you move dates, we'll approve whatever petitions we wnat, at whatever rate we want.
Don't you know? they hate each other. If TSC does somethin NSC will do the opposite. That makes for nice coffee room gossip...
All these folks have only one finger - the middle one... And that leads to a lot of miscommunications even if unintended!!! :D
akkakarla
09-01 04:45 PM
Then, I am unlucky then...Can you check your message please...i got interviewed in 10/2005 in Boston and once again in July 2008. They mentioned it is pending visa number available..
more...
RNGC
02-12 10:03 AM
How about we greet Obama on President's day ?
Lets all send a Congratulations greeting card on the President day and mention "ImmigrationVoice.org" . Its not too late to do this. If they receive 1000s of these cards, defenitely IV will be take notice....
Admins - Is this a good idea, can we make this a action item ?
Lets all send a Congratulations greeting card on the President day and mention "ImmigrationVoice.org" . Its not too late to do this. If they receive 1000s of these cards, defenitely IV will be take notice....
Admins - Is this a good idea, can we make this a action item ?
sandy_anand
10-09 04:25 PM
yup, no movement at all! Gotta wait till Jan for some movement. :mad:
more...
bo12b
11-22 05:13 PM
Hello all,
My 6 year H1B is ending on May 21, 2009. I am eligible to file for a 3 year extension since my 140 is approved and I485 has been filed in Aug 2007. However, my current job situation is pretty shaky and I could be laid off anytime. I have an EAD but would like to continue my H1 because my priority date is Jan 2007 (EB3 India)...i.e. a long GC wait. I have been told by my current employer's attorney that I can start the process of extension 6 months prior to current H1B expiring.
But given my job situation, I was thinking of looking for employment with another employer as soon as possible. Will the new employer be able to file for my H1 transfer AND H1 extension at the same time?
OR
Will they have to file for a transfer first (valid from date of switching to May 21, 2009), then wait for approval and then file for the 3 year extension??
I tried looking around for my question but could not find good thread for answer. Please let me know your views and/or point me to a good source for this information.
Thanks
Bo12b
My 6 year H1B is ending on May 21, 2009. I am eligible to file for a 3 year extension since my 140 is approved and I485 has been filed in Aug 2007. However, my current job situation is pretty shaky and I could be laid off anytime. I have an EAD but would like to continue my H1 because my priority date is Jan 2007 (EB3 India)...i.e. a long GC wait. I have been told by my current employer's attorney that I can start the process of extension 6 months prior to current H1B expiring.
But given my job situation, I was thinking of looking for employment with another employer as soon as possible. Will the new employer be able to file for my H1 transfer AND H1 extension at the same time?
OR
Will they have to file for a transfer first (valid from date of switching to May 21, 2009), then wait for approval and then file for the 3 year extension??
I tried looking around for my question but could not find good thread for answer. Please let me know your views and/or point me to a good source for this information.
Thanks
Bo12b
usgc07
02-18 08:46 AM
Gurus, Please advise for my above question.
Thanks a lot.
Thanks a lot.
more...
eb3retro
12-13 10:05 AM
The U.S. Department of State (DOS) Visa Bulletin for January 2008 contains more bad news for Indian nationals in the EB2 category. The cutoff date for EB2, India, retrogressed by two additional years, to January 1, 2000. Moreover, the prediction contained in the Visa Bulletin for EB2, India, is that the annual limit could be reached within the next few months. If this occurs, the category will become "unavailable" for the remainder of the fiscal year.
The explanation for this is simply that demand for visa numbers by the USCIS for EB2, India, adjustment-of-status cases far exceeds supply
EB3 cutoff dates either remained unchanged or moved slightly forward, depending upon country of chargeability. The January Visa Bulletin cutoff dates become effective on January 1, 2008. Until that time, the December 2007 Visa Bulletin cutoff dates remain valid.
thanks
ram
good morning sunshine...
The explanation for this is simply that demand for visa numbers by the USCIS for EB2, India, adjustment-of-status cases far exceeds supply
EB3 cutoff dates either remained unchanged or moved slightly forward, depending upon country of chargeability. The January Visa Bulletin cutoff dates become effective on January 1, 2008. Until that time, the December 2007 Visa Bulletin cutoff dates remain valid.
thanks
ram
good morning sunshine...
hyddsnr
04-30 08:45 PM
I am not sure if this question being answered in this forum.
Need experties if any one have this situation.
Employer: X (Old Employer)
Labor - EB2
PD - Sept , 2006
I-140 Approved
Employer : Y (Current)
Labor : EB3
PD : May 9 2003I
1-140 Approved
I-485 : Pending
Q : Is it possible to change/port category EB3 - EB2 and keeping the EB3 Date of 2003
Q : How is the apeal done considering I-485 is already filled.
My Attorney says better to file fresh EB2 with current company.
Please reply with your experties or if being deal with this one.
-Thanks
Potrero
Hi,
Mine is same case, but with same employer, In my case my attorney used below law.PD is done successfully and got GC . But it took nearly 1 year time. I don't think we need to apply new EB2. But anyways talk to experienced lawyer who has done PD earlier.
According to 8 C.F. R. 204.5(e), When a Beneficiary has multiple approved I-140 petitions,
he is entitled to the earliest priority date....
Need experties if any one have this situation.
Employer: X (Old Employer)
Labor - EB2
PD - Sept , 2006
I-140 Approved
Employer : Y (Current)
Labor : EB3
PD : May 9 2003I
1-140 Approved
I-485 : Pending
Q : Is it possible to change/port category EB3 - EB2 and keeping the EB3 Date of 2003
Q : How is the apeal done considering I-485 is already filled.
My Attorney says better to file fresh EB2 with current company.
Please reply with your experties or if being deal with this one.
-Thanks
Potrero
Hi,
Mine is same case, but with same employer, In my case my attorney used below law.PD is done successfully and got GC . But it took nearly 1 year time. I don't think we need to apply new EB2. But anyways talk to experienced lawyer who has done PD earlier.
According to 8 C.F. R. 204.5(e), When a Beneficiary has multiple approved I-140 petitions,
he is entitled to the earliest priority date....
gondalguru
06-20 12:09 AM
All I can say is for J1 physician is different then regular J1 visa. If you are J1 physician you have to serve 3 years in an underserved area on H1b visa and then and then you can get your GC. If you file NIW for physician you can apply for I-140 and I-485 but you will get GC after 5 yrs of service in an underserved area.
piperwarrior
08-14 05:18 PM
Most personal finance books will tell you that cash life policies (such as Universal Life) are financially bad investments. They are laced with all sorts of fees, which is why salespeople recommend them.
Yes, rates may be different if you are H-1B Vs GC holder. I had taken insurance through an agent recently and he suggested to go for a combination (Universal Life + Term). ULI works differently, its like a savings account, meaning you can always take the premium you paid after 10 or 20 or whatever period you choose (with interest rate). Their interest rates are same as ING or HSBC. Ever wonder how much money we are wasting with Term over a period of 20 or 30 years?
Yes, rates may be different if you are H-1B Vs GC holder. I had taken insurance through an agent recently and he suggested to go for a combination (Universal Life + Term). ULI works differently, its like a savings account, meaning you can always take the premium you paid after 10 or 20 or whatever period you choose (with interest rate). Their interest rates are same as ING or HSBC. Ever wonder how much money we are wasting with Term over a period of 20 or 30 years?
Dhundhun
08-06 07:32 PM
Dhundhun
I've seen your posts since long and just noticed that we have the same RD/ND @ NSC.
RD: 08/02/2007, ND: 09/17/2007 @NSC
Have you seen any LUD's recently?
No, last LUD was in Dec. It does not matter, because in between LUDs are not happening. Directly people are getting a HARD LUD for GC approval.
I've seen your posts since long and just noticed that we have the same RD/ND @ NSC.
RD: 08/02/2007, ND: 09/17/2007 @NSC
Have you seen any LUD's recently?
No, last LUD was in Dec. It does not matter, because in between LUDs are not happening. Directly people are getting a HARD LUD for GC approval.
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