solaris27
07-12 08:33 AM
http://www.immigration-law.com/
Even though the USCIS will accelerate processing of some of these cases, these I-485 waiters and their family members may want to take care of following three relief within this month:
I-140 Premium Processing: The first condition of present limited I-140 premium processing is the unavailability of the visa numbers for you. If your H-1B six-year limit will reach within the next two months and one-year increment extension is not available in your situation, please make it sure that you file the premium processing of I-140 petition before the end of July, 2008 for the three reasons: (1) Without the approval of I-140 petition, I-485 cannot be adjudicated. Since the premium processing will not be available from August 1, 2008, you should not fail to file premium processing services. (2) If the circumstances are such that you may have to change employment using approved I-140 petition, approval of I-140 petition by premium processing will be particularly critical. (3) As explained below, approval of I-140 is one condition for the H-1B three-year increment extension. If such extension is critical for you, you should seek premium processing services as quickly as possible within this month.
104(c) Three-Year H-1B Extension Petition: If you filed I-140 and I-485 concurrently during the period of July 2007 Visa Bulletin fiasco, some of you may have obtained the I-140 petition and are just waiting for the adjudication of I-485 application. Again, some of you who fit this description may not be eligible for one-year increment H-1B extension because of specific situation in each case. You may then have to file the three-year increment H-1B petition within this month as the 104(c) petition can be filed only during the visa number is not available for you.
Two-Year EAD Extension Application: If your EAD will expire within the next four months (120 days), you should file the EAD application within this month since the first condition for the two-year EAD is unavailability of visa number for the applicant.
The foregoing actions will be particularly important for the late I-485 receipt date filers. Since the USCIS is likely to adjudicate the I-485 applications in processing queue which is generally determined by the date of receipt of I-485 applications, the later the filing date is, the longer the adjudication will take in general, and the earlier the filing date is, the shorter the adjudication will take unless some issues are involved. Good luck.
Even though the USCIS will accelerate processing of some of these cases, these I-485 waiters and their family members may want to take care of following three relief within this month:
I-140 Premium Processing: The first condition of present limited I-140 premium processing is the unavailability of the visa numbers for you. If your H-1B six-year limit will reach within the next two months and one-year increment extension is not available in your situation, please make it sure that you file the premium processing of I-140 petition before the end of July, 2008 for the three reasons: (1) Without the approval of I-140 petition, I-485 cannot be adjudicated. Since the premium processing will not be available from August 1, 2008, you should not fail to file premium processing services. (2) If the circumstances are such that you may have to change employment using approved I-140 petition, approval of I-140 petition by premium processing will be particularly critical. (3) As explained below, approval of I-140 is one condition for the H-1B three-year increment extension. If such extension is critical for you, you should seek premium processing services as quickly as possible within this month.
104(c) Three-Year H-1B Extension Petition: If you filed I-140 and I-485 concurrently during the period of July 2007 Visa Bulletin fiasco, some of you may have obtained the I-140 petition and are just waiting for the adjudication of I-485 application. Again, some of you who fit this description may not be eligible for one-year increment H-1B extension because of specific situation in each case. You may then have to file the three-year increment H-1B petition within this month as the 104(c) petition can be filed only during the visa number is not available for you.
Two-Year EAD Extension Application: If your EAD will expire within the next four months (120 days), you should file the EAD application within this month since the first condition for the two-year EAD is unavailability of visa number for the applicant.
The foregoing actions will be particularly important for the late I-485 receipt date filers. Since the USCIS is likely to adjudicate the I-485 applications in processing queue which is generally determined by the date of receipt of I-485 applications, the later the filing date is, the longer the adjudication will take in general, and the earlier the filing date is, the shorter the adjudication will take unless some issues are involved. Good luck.
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piyu7444
02-02 02:21 PM
I am glad to be of help. If my post was helpful, I urge you to consider making a donation to IV.
Thanks.
____________________
Not a legal advice.
US Citizen of Indian Origin
Donation should be on the way today.
Thanks.
____________________
Not a legal advice.
US Citizen of Indian Origin
Donation should be on the way today.
GCVivek
03-21 02:33 PM
There is no requirement for any company to sponsor green cards for any employee. A job is granted to you based on requirement of the company. Once that requirement no longer exists, the company can (and should) lay off the employee. This applies to H1 extensions and filing of GC.
GC filing is completely based on the company needing your service. Unless you totally excel and become indispensible to the company, they do not need to keep you. This is unlike a secure Govt. job in most 3rd world countries.
The conclusion is that this list would include ALL COMPANIES IN THE WORLD (and some Govts jobs). However, the list is not of rogue companies but simply companies that are run well.
There is nothing wrong in what I have posted to invite defamation suit.We should be filing defamation suit against them for not filing green cards as promised.Whatever my friend said I posted here.
GC filing is completely based on the company needing your service. Unless you totally excel and become indispensible to the company, they do not need to keep you. This is unlike a secure Govt. job in most 3rd world countries.
The conclusion is that this list would include ALL COMPANIES IN THE WORLD (and some Govts jobs). However, the list is not of rogue companies but simply companies that are run well.
There is nothing wrong in what I have posted to invite defamation suit.We should be filing defamation suit against them for not filing green cards as promised.Whatever my friend said I posted here.
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mpadapa
09-26 11:39 AM
I just got a call from Eilene Zimmerman regarding the article and she promised me that she is working on fixing the error soon
more...
sukhwinderd
03-15 10:13 AM
some you of have offered accomodation. i sent private messages, but i am unable to reach these individuals. people offering accomodation please email me directly with address/phone#/details of accomodation offered directly to 2011carpool@gmail.com
time is short and i need to accomodate visiting members.
time is short and i need to accomodate visiting members.
Madhuri
10-15 01:46 PM
and will mail it tomorrow.
more...
raysaikat
07-11 02:30 PM
In order to use left-over visa numbers from EB1 and EB2-ROW, the PD cut-off for China and India must be locked. That's one of the reason why India's cut-off date has also moved.
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sbindval
06-13 09:49 AM
Please check this out...might give you guys some hope and laughter :)
immigration_the_human_cost (http://www.theonion.com/content/video/immigration_the_human_cost)
immigration_the_human_cost (http://www.theonion.com/content/video/immigration_the_human_cost)
more...
ita
01-30 10:03 PM
How does one know what is the amount mentioned on H1 LCA? Do we have to ask the employer about it?
Now how do you show that you were in status since last entry to 485 filing date? Do we have to produce monthly pay stubs or will the W2 be sufficient?
Will appreciate your response.
Thank you.
Example[/U]
Mr Chanakya Pandit (fictitious name) has filed for eb-3 India in July 2007 for I-485. He has PD of Sep 2005 (not current).
Mr Pandit entered last on H1 visa on Jan 21st 2006 and he is working for ABC company. As per H1 LCA, his salary is 65k and he is getting paid 62k.
He entered on USA using AP in Oct 2008. He is using EAD to work.
Since he was getting paid less athn H1 salary, he is out of status since Jan 21st 2006 and he has accumulating out of status days until date of I-485 filing. If this out of status > 180 days, his I-485 can be denied just on this basis alone.
If person is out of status for more than 180 days at thetime of filing for I-485, he can denied entry even on AP. Read your AP document, it mentions warning about of out of status right there.
____________________
Not a legal advice.
US Citizen of Indian Origin
Now how do you show that you were in status since last entry to 485 filing date? Do we have to produce monthly pay stubs or will the W2 be sufficient?
Will appreciate your response.
Thank you.
Example[/U]
Mr Chanakya Pandit (fictitious name) has filed for eb-3 India in July 2007 for I-485. He has PD of Sep 2005 (not current).
Mr Pandit entered last on H1 visa on Jan 21st 2006 and he is working for ABC company. As per H1 LCA, his salary is 65k and he is getting paid 62k.
He entered on USA using AP in Oct 2008. He is using EAD to work.
Since he was getting paid less athn H1 salary, he is out of status since Jan 21st 2006 and he has accumulating out of status days until date of I-485 filing. If this out of status > 180 days, his I-485 can be denied just on this basis alone.
If person is out of status for more than 180 days at thetime of filing for I-485, he can denied entry even on AP. Read your AP document, it mentions warning about of out of status right there.
____________________
Not a legal advice.
US Citizen of Indian Origin
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delhiguy
07-09 04:12 PM
delhi..
what is your PD?
2007
what is your PD?
2007
more...
Hope_GC
07-16 08:05 PM
Guys Looking at this false propagandas my blood boils after paying whole lot of taxes... we get to see these claims. :mad:
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shannonxi
07-18 10:47 AM
Mine reached NSC on July 2 at 9:02 AM. Got Fedex delivery confirmation and no receipt from CIS yet. Will check with my lawyer for advise.
more...
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idlinginc
04-09 03:40 PM
Hello Everyone,
I have created google group for NJ Chapter and there are four members in this group so far. If you can send me your email ID then I will let you join..
Varsha: I will see if I can change ownership of group to you. It is much easier to communicate through emails then looking at chapter posting..
Thank you
ak27
Dear ak27,
Could you post the groups URL so that I can join?
Best Regards.
I have created google group for NJ Chapter and there are four members in this group so far. If you can send me your email ID then I will let you join..
Varsha: I will see if I can change ownership of group to you. It is much easier to communicate through emails then looking at chapter posting..
Thank you
ak27
Dear ak27,
Could you post the groups URL so that I can join?
Best Regards.
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desi3933
02-04 01:44 PM
Recently got Laid off. Here are my details:
-485 has been pending >180 days
-PD: Feb 2006
-Last day of work is 6th March, 2009
-EAD valid for another 6 months or so.
-I am working on H1-B, which is valid till 2010.
I understand that I can use AC21 and work on my EAD as long as the job is similar or same. I also understand that it is a good idea to get the H1-B transferred rather than using the EAD.
My comments are in blue ....
My questions are:
-Can one stay unemployed on EAD without jeopardizing the GC process?
Depends on timing for RFE and approval time. At the time of RFE and I-485 approval, beneficiary should have permanent job offer that matches with LC Job duties. Technically, one can be unemployed during AOS stage, as long as he/she has permanent job offer that begins after I-485 approval.
-Do I have to inform USCIS that I am unemployed as of March 6th, 2009 in case I do not find a job?
There is no such regulation at this time.
-Do I inform the USCIS in case I find a job and work on my EAD or my H1-B.
There is no such regulation at this time.
I mean when do I have to inform USCIS if at all?
In the event of RFE.
Also, I live in Windsor, Canada, and used to commute everyday to work to Detroit. Can I stay in Windsor subsequent to March 6th in case I don't find a job. Will it affect my 485 process?
Maintaining US presence is better IMHO. Typically trips, that are less than 24 hours, are not counted as presence outside USA, therefore daily trip to Windsor was ok.
Contributions: $350 +
Led various fund raising efforts for Tristate Area
Was in the DC rally
Priority Date: Feb 2006
Good Luck.
____________________
Not a legal advice.
US Citizen of Indian Origin
-485 has been pending >180 days
-PD: Feb 2006
-Last day of work is 6th March, 2009
-EAD valid for another 6 months or so.
-I am working on H1-B, which is valid till 2010.
I understand that I can use AC21 and work on my EAD as long as the job is similar or same. I also understand that it is a good idea to get the H1-B transferred rather than using the EAD.
My comments are in blue ....
My questions are:
-Can one stay unemployed on EAD without jeopardizing the GC process?
Depends on timing for RFE and approval time. At the time of RFE and I-485 approval, beneficiary should have permanent job offer that matches with LC Job duties. Technically, one can be unemployed during AOS stage, as long as he/she has permanent job offer that begins after I-485 approval.
-Do I have to inform USCIS that I am unemployed as of March 6th, 2009 in case I do not find a job?
There is no such regulation at this time.
-Do I inform the USCIS in case I find a job and work on my EAD or my H1-B.
There is no such regulation at this time.
I mean when do I have to inform USCIS if at all?
In the event of RFE.
Also, I live in Windsor, Canada, and used to commute everyday to work to Detroit. Can I stay in Windsor subsequent to March 6th in case I don't find a job. Will it affect my 485 process?
Maintaining US presence is better IMHO. Typically trips, that are less than 24 hours, are not counted as presence outside USA, therefore daily trip to Windsor was ok.
Contributions: $350 +
Led various fund raising efforts for Tristate Area
Was in the DC rally
Priority Date: Feb 2006
Good Luck.
____________________
Not a legal advice.
US Citizen of Indian Origin
more...
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vin
06-13 11:08 AM
I have seen this same footage months ago and to it don't look real, its cooked. Some facts there are just un-digestible like the gora guy will take job of a waiter immediately after working as senior exec. cmon market is not that bad unless he don't know anything else and don't have ability to get other similar job, then he should be fired anyways. and then that carlos guy, his dress up don't seems convincing that other execs will give me good response after presentation. its all cooked... showing 600k+ numbers are all bogus.
LOL. Come on man. No need to seriously justify so much! Looking at it, straightway anyone can make out that it was made to be a joke!
LOL. Come on man. No need to seriously justify so much! Looking at it, straightway anyone can make out that it was made to be a joke!
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eb3_nepa
07-01 09:40 PM
At this time, IV is analyzing the impact of the speculation around the July visa bulletin closure, and is reaching out to attorneys, including AILA and planning next steps. tomorrow being a working day will also help us get more information and opportunity to reach appropriate levels of government . We will share more information with you as soon as there are developments. In the meanwhile, you should go about business as usual, and file your 485/140 applications as planned.
IMPORTANT: At this time, you are encouraged to update your user profiles on IV with the most current information and the best way to reach you. If we have an urgent action item, we may also send newsletters to all members.
What exactly CAN the IV core even do about this? I mean no disrespect here, I am just trying to imagine how IV can even help with this issue?
IMPORTANT: At this time, you are encouraged to update your user profiles on IV with the most current information and the best way to reach you. If we have an urgent action item, we may also send newsletters to all members.
What exactly CAN the IV core even do about this? I mean no disrespect here, I am just trying to imagine how IV can even help with this issue?
more...
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tjayant
11-21 09:45 PM
Correct me guys if this is worng, it is my undestanding i can convert from EB3 to EB2 from same employer or from another employer but retain the priroirty date, say i applied by GC under EB3 say in 2003, i can ask my employer to convert to EB2 or another employer can file a new application under EB2 using PERM and use the same priority date as EB3 while file the I485
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gjoe
12-11 06:26 PM
If US does not benefit from giving the visas, are they doing it as a part of social service?
Social Service GC is called as Asylum and that comes with added benefits like medicaid and social security checks for a few years.
Black Hole research GC is also called EB3 GC which comes with lot of uncertanities until you really get it :) Unfortunately many of us choose this type because of our math and science background :)
Social Service GC is called as Asylum and that comes with added benefits like medicaid and social security checks for a few years.
Black Hole research GC is also called EB3 GC which comes with lot of uncertanities until you really get it :) Unfortunately many of us choose this type because of our math and science background :)
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seahawks
01-28 11:36 AM
In the new year, I have not seen any posts expalining how IV is "working" on resolving our issues. All that is posted now is requests for money. I know more money is needed and would be glad to contribute, if only the senior members show that some serious efforts are being made in the background. Yes IV did do very good work last year, but that is history now; but what work is going on now, nobody knows. Don't need details, but even broad details will help. Is something being done for appropriation bills, no one knows or tells.
For example, after the elections no attempts virtually no attempts have been done to do webfax campaign tragetted towards pro-immigration inclined politicians. No lists have been made of such politicians. Just by waking up few days before the bills are discussed is not going to help.
Persistence, patience, hard work, financial support, timing and combined efforts with one voice representing us will pay off! Lets all do our part. I feel I don't have skills to be in the front, taking initiatives, talking to people, volunteering my time. We must salute all that IV is doing, whatever little we can, we should support to make those efforts multiple folds. If we don't believe in the cause or the people, we fail. If you read a few threads closely you will find out, IV cannot publicly post all the efforts or progress being made, you cannot publish a game plan that everyone can read and groups working against IV can muscle in their amendments. I totally understand doubts when the going gets tough, but hangin there and all of us do our part, not just the money alone! IF you have the skills to volunteer and organize things, contact the core group too, everything they can get is valuable.
For example, after the elections no attempts virtually no attempts have been done to do webfax campaign tragetted towards pro-immigration inclined politicians. No lists have been made of such politicians. Just by waking up few days before the bills are discussed is not going to help.
Persistence, patience, hard work, financial support, timing and combined efforts with one voice representing us will pay off! Lets all do our part. I feel I don't have skills to be in the front, taking initiatives, talking to people, volunteering my time. We must salute all that IV is doing, whatever little we can, we should support to make those efforts multiple folds. If we don't believe in the cause or the people, we fail. If you read a few threads closely you will find out, IV cannot publicly post all the efforts or progress being made, you cannot publish a game plan that everyone can read and groups working against IV can muscle in their amendments. I totally understand doubts when the going gets tough, but hangin there and all of us do our part, not just the money alone! IF you have the skills to volunteer and organize things, contact the core group too, everything they can get is valuable.
abhijitp
07-25 02:29 PM
http://www.google.com/answers/threadview?id=559556
If an applicant for adjustment wishes to take a new job in the same
or similar occupational classification at the job that was the basis
of his or her employment-based I-140 AND the I-485 has been pending
180 days or more, the new employer may be substituted into the
existing I-485 application without disrupting the application at all.
This is accomplished very easily - NO new petition and no new fees.
Step 1: The applicant notifies INS of the change in intent by letter.
Step 2: The Service should then make a request for a letter of
employment from the new employer.
Voila! Done deal."
http://www.ilw.com/articles/2001,0705-Latour.shtm
If an applicant for adjustment wishes to take a new job in the same
or similar occupational classification at the job that was the basis
of his or her employment-based I-140 AND the I-485 has been pending
180 days or more, the new employer may be substituted into the
existing I-485 application without disrupting the application at all.
This is accomplished very easily - NO new petition and no new fees.
Step 1: The applicant notifies INS of the change in intent by letter.
Step 2: The Service should then make a request for a letter of
employment from the new employer.
Voila! Done deal."
http://www.ilw.com/articles/2001,0705-Latour.shtm
sc09876
07-29 01:14 PM
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Legg Meson
All these companies take people on H1 and after an year of year an half they say they have changed policy and they can't file H1. They have big lawyers like M**** and R**** and those lawyers tell employers even if your employee is on 5th year and if you don't file GC (PERM) b4 365 days its alright.... we can send them out and re catpture time and all BS and ultimately employees suffer.... as they r in their 5th or some are in 6th year and are completely screwed up.
We should think of taking some legal actions...
Ya..make sure you consult your attorney to know if such a thing is viable. :). Make sure you read the "employment at will" agreement along with all the other 28 pages that you will abide by the HR policies and also make sure that you read the 125 pages of HR policies.
Legg Meson
All these companies take people on H1 and after an year of year an half they say they have changed policy and they can't file H1. They have big lawyers like M**** and R**** and those lawyers tell employers even if your employee is on 5th year and if you don't file GC (PERM) b4 365 days its alright.... we can send them out and re catpture time and all BS and ultimately employees suffer.... as they r in their 5th or some are in 6th year and are completely screwed up.
We should think of taking some legal actions...
Ya..make sure you consult your attorney to know if such a thing is viable. :). Make sure you read the "employment at will" agreement along with all the other 28 pages that you will abide by the HR policies and also make sure that you read the 125 pages of HR policies.
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