hopeful08
04-21 02:19 PM
I wanted to inform the community that our GC is finally approved... I just checked my email hoping against hope that I might see some good news and good news is what I saw...
This is a tremendous relief to us.
They have approved and ordered card production to myself and my spouse. But looks like they have not approved our son's GC. Hope they don't delay that last piece of processing any longer.
Good luck to everybody else and hope you all the best.
Isn't this everyody's concern ? GC process is something that has absolutely no predictability. It's all luck...I've been waiting for that moment from almost 8 years postponing many important decisions in life. So, I've come to the realization that the only thing we can do is hope.
This is a tremendous relief to us.
They have approved and ordered card production to myself and my spouse. But looks like they have not approved our son's GC. Hope they don't delay that last piece of processing any longer.
Good luck to everybody else and hope you all the best.
Isn't this everyody's concern ? GC process is something that has absolutely no predictability. It's all luck...I've been waiting for that moment from almost 8 years postponing many important decisions in life. So, I've come to the realization that the only thing we can do is hope.
wallpaper happy birthday rother poems
sanjuatl
09-04 10:40 AM
I think the Medical's are valid for 18 Months and not one year.I checked this out when i took infopass.Correct me if i am wrong .
As I remember, the validity is one year.
As I remember, the validity is one year.
fuzzy logic
06-30 09:51 PM
Hi,
I was hoping to get some help on my situation. I have I-140 approved, received EAD and AP. Also my H1B was also recently extended. I am expecting a promotion and also will have to change location to a different city with the same employer.
Would this require filing for AC21? Also would this require amendment to H1B visa?
Any help would be appreciated.
I was hoping to get some help on my situation. I have I-140 approved, received EAD and AP. Also my H1B was also recently extended. I am expecting a promotion and also will have to change location to a different city with the same employer.
Would this require filing for AC21? Also would this require amendment to H1B visa?
Any help would be appreciated.
2011 Happy Birthday Brother Poems
gondalguru
07-08 07:53 PM
As tax returns are filed online now (I used turbotax).... do u need to attach all the 1099s (1099 div, 1099 misc etc) that u get from bank, brokers etc to 1040 forms???
more...
sac-r-ten
08-07 09:34 AM
Extremely sorry to hear this.I must be v stressful for both of you and your near ones too. Take help from professional conselling. Talk to friends and family. whatever you do, think v v v hard about it. let your spouse know about your feelings.
I hope and pray that the matter gets resolved amicably.
Take care.
I hope and pray that the matter gets resolved amicably.
Take care.
makemygc
06-14 10:52 AM
Guys,
Don't create new thred for every single question you have.. You can find right thred and put it there..
Yes you can file for 485 even though your H1B extension is pending.
Lets use this thread for I485 and H1 Ext queries. Anil can you change the title to look like this "All I485 and H1 Ext Issues related postings here".
I also have a similar question. I've to file for 3 yr H1 ext on basis of approved I-140. Immigration-law.com says that there could be an issue with that:-
*************************************************
It is uncertain how this visa number change will affect the pending H-1B extension petitions beyond six years under 104(c) based on the approved I-140 petition. There is some chance that it may be denied. Additionally, those who need H-1B extension beyond six years and are not eligible for one-year increment extention because 360 days have not passed since the filing of labor certification or I-140 petition (labor certification waiver cases) will face a problem in extending the H-1B status. They should, however, take advantage of 245(K) benefit that makes I-485 eligible inasmuch as the unauthorized employment or unalwful status did not last more than 180 days since the latest admission to the United States. Those who can file the I-485 timely under 245(K) should cease.
***************************************
Can someone has done this earlier and can put their experience in. Please.
Don't create new thred for every single question you have.. You can find right thred and put it there..
Yes you can file for 485 even though your H1B extension is pending.
Lets use this thread for I485 and H1 Ext queries. Anil can you change the title to look like this "All I485 and H1 Ext Issues related postings here".
I also have a similar question. I've to file for 3 yr H1 ext on basis of approved I-140. Immigration-law.com says that there could be an issue with that:-
*************************************************
It is uncertain how this visa number change will affect the pending H-1B extension petitions beyond six years under 104(c) based on the approved I-140 petition. There is some chance that it may be denied. Additionally, those who need H-1B extension beyond six years and are not eligible for one-year increment extention because 360 days have not passed since the filing of labor certification or I-140 petition (labor certification waiver cases) will face a problem in extending the H-1B status. They should, however, take advantage of 245(K) benefit that makes I-485 eligible inasmuch as the unauthorized employment or unalwful status did not last more than 180 days since the latest admission to the United States. Those who can file the I-485 timely under 245(K) should cease.
***************************************
Can someone has done this earlier and can put their experience in. Please.
more...
quizzer
10-16 09:10 PM
Any EB2 folks with RD prior to Jan 2007 still waiting for approvals?
2010 poems for rother. happy
gcsucks
06-01 02:37 PM
I dont know about others but for me stuck with the same compay for 5 years. I really want to move on !!But it does increase the GC quota which will substantially hasten the process
more...
sagittariusarm
08-27 12:45 PM
Can we go in person, I thought they would encourage only in case of emergency. Any one know that if we can go to the consulate and get the passport renewed quickly for sure.
Thanks
Govardhan
I am not sure, if you can go in person to houston, mine was sent to washington dc and I got it in 10 days. I had tough time for a different case.
Try to avoid Houston, you will not get any response or anyhelp, I guess they are sleeping for ever.
Thanks
Govardhan
I am not sure, if you can go in person to houston, mine was sent to washington dc and I got it in 10 days. I had tough time for a different case.
Try to avoid Houston, you will not get any response or anyhelp, I guess they are sleeping for ever.
hair i miss you rother poems.
easygoer
02-09 02:38 PM
NCR Region
Sr Developer / Lead Developer (7-15yrs exp) - 8 - 15 lakhs
Project Manager (10-15yrs exp) - 10-20 lakhs
Above this level, the jobs are far and few, but some are
Principal Consultant / Program Manager (in cos like Wipro, Infy, HP) (12- 18 yrs exp) - 18-28 lakhs
Also note, just because someone has worked in US for a few years does not get any advantage above Project Manager level.
Information based on many well placed contacts at these levels.
Thanks ssdtm! You gave useful information
Sr Developer / Lead Developer (7-15yrs exp) - 8 - 15 lakhs
Project Manager (10-15yrs exp) - 10-20 lakhs
Above this level, the jobs are far and few, but some are
Principal Consultant / Program Manager (in cos like Wipro, Infy, HP) (12- 18 yrs exp) - 18-28 lakhs
Also note, just because someone has worked in US for a few years does not get any advantage above Project Manager level.
Information based on many well placed contacts at these levels.
Thanks ssdtm! You gave useful information
more...
frostrated
06-25 01:17 PM
Here are the questions that I have:
1) As per recent news, a lot of applications are PRE-ADJUDICATED. Now does this mean that those applications will be adjudicated when their PD becomes current , meaning to be approved based on a current PD , does the application has to go through the process of adjudication. Or does it mean adjudication is defined as "processing complete but is independent of PD being current or not" . What does the adjudication means in the above particular context.
2) IN this particular question, the answer does not specifically mean PD being current or not. It only mentions that "need to have job offer when AOS is being adjudicated". If you interpret it this way , then yes PD being current or not does not matter. And you will need to show u have job offer. BUT if definition of adjudication also involves approving the I-485 then one can argue that yes unless ur PD is current u cannot be approved and hence u do not need to have job offer if your PD is current.
I would like to know what various attorneys think about this
1. My view on pre-adjudication is that they processing is done on the application and is put in an approvable status. once the PD is current and the immigrant visa number is available, then such an application can be approved. but it has to be noted that these applications can be reviewed again before approving and can be denied at that time.
2. when an AOS application is being adjudicated, if the underlying terms of the 485 application are not satisfied, then it can be denied. it does not matter if the PD is current. the 485 is based on the 140, which in turn is based on a bonafide job. using ac21, you can change employers, but i still feel that you need to be employed in a similar position and not looking for a similar position.
any thoughts anyone?
1) As per recent news, a lot of applications are PRE-ADJUDICATED. Now does this mean that those applications will be adjudicated when their PD becomes current , meaning to be approved based on a current PD , does the application has to go through the process of adjudication. Or does it mean adjudication is defined as "processing complete but is independent of PD being current or not" . What does the adjudication means in the above particular context.
2) IN this particular question, the answer does not specifically mean PD being current or not. It only mentions that "need to have job offer when AOS is being adjudicated". If you interpret it this way , then yes PD being current or not does not matter. And you will need to show u have job offer. BUT if definition of adjudication also involves approving the I-485 then one can argue that yes unless ur PD is current u cannot be approved and hence u do not need to have job offer if your PD is current.
I would like to know what various attorneys think about this
1. My view on pre-adjudication is that they processing is done on the application and is put in an approvable status. once the PD is current and the immigrant visa number is available, then such an application can be approved. but it has to be noted that these applications can be reviewed again before approving and can be denied at that time.
2. when an AOS application is being adjudicated, if the underlying terms of the 485 application are not satisfied, then it can be denied. it does not matter if the PD is current. the 485 is based on the 140, which in turn is based on a bonafide job. using ac21, you can change employers, but i still feel that you need to be employed in a similar position and not looking for a similar position.
any thoughts anyone?
hot i miss you rother poems
raj2007
02-18 10:32 PM
Unfortunately, we won't be able to do anything in your wife's matter. The people you are referring to as the ones whose cases got accepted are the ones with bounced checks. There is a difference between the manner in which USCIS treats cases with bounced checks and cases where checks are missing, are in an incorrect amount, there is a mismatch between words and figures in the check, check is not dated, check is not signed, etc.
In the first category, there is prima fascie evidecne that the check is in the proper amount, check is dated, signed, made payable to the proper authority. In those cases, the USCIS considers bounced checks as a matter for collection. The reason that there is a difference is that in the first case, the properly signed check IS NEGOTIABLE INSTRUMENT AND COMPLETELY VALID UNDER LAW.
In your case, the check was deficient because it put the party (the USCIS/Government) on notice of a defect. A party to whom a defective negotiable instrument is given with notice of the defect does not become a HOLDER IN DUE COURSE (VERY IMPORTANT UNDER THE LAW ). IN OTHER WORDS, THE CHECK LOSES ITS POWER OF NEGOTIABILITY UNDER LAW. Even if the Check is deficient that it does not affect its negotiability ( for example, check is not dated, or the check only contains the amount in words), the party to whom it is presented is under no liability to accept the check. For these reasons, THERE IS A BIG DIFFERENCE BETWEEN YOUR WIFE'S MATTER AND THE EXAMPLES YOU PROVIDE.
For this reason, I advised you to wait until the PD for your category become current again.
I see no harm to take infopass and explain your situation in person.
In the first category, there is prima fascie evidecne that the check is in the proper amount, check is dated, signed, made payable to the proper authority. In those cases, the USCIS considers bounced checks as a matter for collection. The reason that there is a difference is that in the first case, the properly signed check IS NEGOTIABLE INSTRUMENT AND COMPLETELY VALID UNDER LAW.
In your case, the check was deficient because it put the party (the USCIS/Government) on notice of a defect. A party to whom a defective negotiable instrument is given with notice of the defect does not become a HOLDER IN DUE COURSE (VERY IMPORTANT UNDER THE LAW ). IN OTHER WORDS, THE CHECK LOSES ITS POWER OF NEGOTIABILITY UNDER LAW. Even if the Check is deficient that it does not affect its negotiability ( for example, check is not dated, or the check only contains the amount in words), the party to whom it is presented is under no liability to accept the check. For these reasons, THERE IS A BIG DIFFERENCE BETWEEN YOUR WIFE'S MATTER AND THE EXAMPLES YOU PROVIDE.
For this reason, I advised you to wait until the PD for your category become current again.
I see no harm to take infopass and explain your situation in person.
more...
house happy birthday rother poems.
ABC of GC
06-08 06:30 AM
Its not abt H1-B abuse, its abt the way it was brought up. Instead of looking into his own house (USCIS and DOL) Sen.Durbin held Indian companies responsible and almost started bashing them. Little did he anticipate that they will come back in this way.
H1-B abuse is a different issue. Sen. Durbin should have looked into rulemaking part of the game than bashing players of the game.
When the US was instrumental in doing WTO negotiations during late 90's (BTW-your's truely grew up during that period witnessing this through newspaper articles - was an exact reversal of roles played by India and US then)they never realized that globalizing markets would lead to globalizing labor market also. Now, IT has become a virtual industry with a pretty much open labor market. Professionals making Rs.50000 ($1200) are competing with those making $5000 a month. US politicians made a classic judgement error in 90's. Now, protectionist measures are being brought in by the very same people who championed globalization for a decade.
The letter puts things in perspective for sen. Durbin. It seems to carry a veiled warning about backlash of these protectionist measures on the US companies doing business in India. Starting from McDonalds,subway,coke (now even Walmart) to Ford, GM, IBM, Pfizer, Merck, Novartis, Abott, J&J, JP Morgan, Bank of America and many more have huge business interests in India. The size of Indian market totals upto atleast 0.8 billion human individuals with need for housing, auto, computers, electronics, healthcare, finance, consumer products etc. Losing an inch of it can make an international co. nervous.
As far as Indian consumers go they now have options- British, German, Japanese, French and now even the Indian companies.
Durbin tried to scare a cat, unfortunately for him it turned out to be a big wild cat- aTiger.
Well Said
H1-B abuse is a different issue. Sen. Durbin should have looked into rulemaking part of the game than bashing players of the game.
When the US was instrumental in doing WTO negotiations during late 90's (BTW-your's truely grew up during that period witnessing this through newspaper articles - was an exact reversal of roles played by India and US then)they never realized that globalizing markets would lead to globalizing labor market also. Now, IT has become a virtual industry with a pretty much open labor market. Professionals making Rs.50000 ($1200) are competing with those making $5000 a month. US politicians made a classic judgement error in 90's. Now, protectionist measures are being brought in by the very same people who championed globalization for a decade.
The letter puts things in perspective for sen. Durbin. It seems to carry a veiled warning about backlash of these protectionist measures on the US companies doing business in India. Starting from McDonalds,subway,coke (now even Walmart) to Ford, GM, IBM, Pfizer, Merck, Novartis, Abott, J&J, JP Morgan, Bank of America and many more have huge business interests in India. The size of Indian market totals upto atleast 0.8 billion human individuals with need for housing, auto, computers, electronics, healthcare, finance, consumer products etc. Losing an inch of it can make an international co. nervous.
As far as Indian consumers go they now have options- British, German, Japanese, French and now even the Indian companies.
Durbin tried to scare a cat, unfortunately for him it turned out to be a big wild cat- aTiger.
Well Said
tattoo i miss you rother poems.
eb3retro
04-17 04:44 PM
I didnt sign this petition.
more...
pictures Poems, together with Brother Jacob and The lifted veil
crystal
02-04 02:42 PM
You are right only if they dont want to use EAD after they come back. If they use EAD once they come back to USA, then they are back to adjustee status.
Well..you can fall back to H-4 if something goes wrong with 485. But if you are on AP you will have to leave the country.
Well..you can fall back to H-4 if something goes wrong with 485. But if you are on AP you will have to leave the country.
dresses 235th and 236th poem.
saro28
11-02 09:19 AM
Now my Lawyer is advising me to include the old fees and a new application with a letter stating motion to refile seeking correction. He is insisting on us to send the fees ($350) again. Any suggestions? Can I send it directly to INS?
more...
makeup film of my poem quot;Brother
singhsa3
05-18 05:31 PM
How about getting one own's Phd....
How long does it takes?
How long does it takes?
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keerthi
05-13 02:26 PM
Many thanks for that reply.
My core responsibility in the organization is Engineering. As a side note, I also manage the Engineering team. I suppose that L1-B suits my role.
I would also let my employer know of the H1-B option. In the meantime, I will ask my employer to withdraw the L1-B appeal from AAO and file a new L1-B with proper documentation or a H1-B.
But, can we apply for a H1-B when my L1-B is pending in the AAO?
My core responsibility in the organization is Engineering. As a side note, I also manage the Engineering team. I suppose that L1-B suits my role.
I would also let my employer know of the H1-B option. In the meantime, I will ask my employer to withdraw the L1-B appeal from AAO and file a new L1-B with proper documentation or a H1-B.
But, can we apply for a H1-B when my L1-B is pending in the AAO?
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gc28262
07-18 03:47 PM
On H1B it is illegal for employer to enforce bond:
Please read employees rights in DOL page:
Employment Law Guide - Workers in Professional and Specialty Occupations (H-1B, H-1B1, and E-3 Visas) (http://www.dol.gov/compliance/guide/h1b.htm)
Employee Rights
H-1B, H-1B1, and E-3 workers are granted a number of rights. The employer must give the worker a copy of the LCA. The employer must pay the worker at least the same wage rate as paid to other employees with similar experience and qualifications or the local prevailing wage for the occupation in the area of employment, whichever is higher. The employer must pay for non-productive time caused by the employer or by the worker's lack of a license or permit. The employer must offer the worker fringe benefits on the same basis as its other employees. Also, the employer may not require the worker to pay a penalty for leaving employment prior to any agreed date. However, this restriction does not preclude the employer from seeking "liquidated damages" pursuant to relevant state law. Liquidated damages are generally estimates stated in a contract of the anticipated damages to the employer caused by the worker's breach of contract.
Please read employees rights in DOL page:
Employment Law Guide - Workers in Professional and Specialty Occupations (H-1B, H-1B1, and E-3 Visas) (http://www.dol.gov/compliance/guide/h1b.htm)
Employee Rights
H-1B, H-1B1, and E-3 workers are granted a number of rights. The employer must give the worker a copy of the LCA. The employer must pay the worker at least the same wage rate as paid to other employees with similar experience and qualifications or the local prevailing wage for the occupation in the area of employment, whichever is higher. The employer must pay for non-productive time caused by the employer or by the worker's lack of a license or permit. The employer must offer the worker fringe benefits on the same basis as its other employees. Also, the employer may not require the worker to pay a penalty for leaving employment prior to any agreed date. However, this restriction does not preclude the employer from seeking "liquidated damages" pursuant to relevant state law. Liquidated damages are generally estimates stated in a contract of the anticipated damages to the employer caused by the worker's breach of contract.
needhelp!
08-31 12:14 AM
OK so we're 1 million in the backlog. That could be a small country.
Instead of spending hundreds of thousands on lobbying, we can just buy a piece of land somewhere (big enough to have a passport office building), get immediate citizenship in our new country and then USCIS will be able to process our GC applications within a year.
Someone from Taiwan (and smaller neighboring countries) can get GC in 1 year but if you're from China you will wait 6-10 years. I am not sure of how much cultural differences exist between these two countries, all I know is that my Taiwanese friend speaks Chinese, goes to Chinese church. So much for diversity.
So.. if anyone has the info on how to register a new country, I'd like to know.
Sorry, its the wee hours and I just felt like posting this. Please close thread as and when desired.
Sidenote: Hear IV Rally announcement on Dallas Radio www.funasia.net (http://www.funasia.net) in the following slots (Central Time)
8/31:7.45am & 6pm;
9/3: 9.25am & 6pm;
9/4: 7.45am & 6pm;
9/5: 9.25am & 6pm;
9/6: 7.45am & 6pm;
9/7: 9.25am & 6pm;
9/10: 9.25am & 6pm;
9/11: 7.45am & 6pm;
Also live discussion for few minutes about IV Rally on Saturday during immigration show at 3pm central
Sponsored by members of TX chapter of IV (http://groups.yahoo.com/group/texasiv) &
the Law offices of Sherin Thawer http://www.thawerlaw.com and TX chapter of IV
Instead of spending hundreds of thousands on lobbying, we can just buy a piece of land somewhere (big enough to have a passport office building), get immediate citizenship in our new country and then USCIS will be able to process our GC applications within a year.
Someone from Taiwan (and smaller neighboring countries) can get GC in 1 year but if you're from China you will wait 6-10 years. I am not sure of how much cultural differences exist between these two countries, all I know is that my Taiwanese friend speaks Chinese, goes to Chinese church. So much for diversity.
So.. if anyone has the info on how to register a new country, I'd like to know.
Sorry, its the wee hours and I just felt like posting this. Please close thread as and when desired.
Sidenote: Hear IV Rally announcement on Dallas Radio www.funasia.net (http://www.funasia.net) in the following slots (Central Time)
8/31:7.45am & 6pm;
9/3: 9.25am & 6pm;
9/4: 7.45am & 6pm;
9/5: 9.25am & 6pm;
9/6: 7.45am & 6pm;
9/7: 9.25am & 6pm;
9/10: 9.25am & 6pm;
9/11: 7.45am & 6pm;
Also live discussion for few minutes about IV Rally on Saturday during immigration show at 3pm central
Sponsored by members of TX chapter of IV (http://groups.yahoo.com/group/texasiv) &
the Law offices of Sherin Thawer http://www.thawerlaw.com and TX chapter of IV
anindya1234
07-17 10:15 PM
Bump
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