Saturday, June 18, 2011

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  • nayekal
    02-20 06:17 PM
    Hi

    To best of my knowledge
    A1. H1
    A2. no time limit.
    A3. Yes she needs H1 Stamping.
    A4. You can reapply H4 for her

    If I am wrong please correct me.

    I disagree with A3.
    She doesn't haven't have a job, so no pay stubs and also no W2 form for 2008. It will be very difficult for her to get H1 stamping.
    She can try for H4 stamping, but again it is also difficult as she is already on H1 and is out of status.But, may be it is not as difficult as H1 stamping.

    IMHO, applying for I-539 from within US for H1 to H4, would be a better idea. This is what I did for my wife and she got approval within 2 months.My wife tried a lot for projects (she had 3 years exp) and she couldn't get one interview call in 5 months. I didn't submit her pay stubs, since has none. It is painful to go back to H4, but in this market, I think that is the best option.





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  • eb3retro
    02-06 11:17 PM
    I have seen lots of thread talking about filing 485 and getting EAD and having the opportunity to jump jobs. I faced a unique situation where I realized being on H1 is lot better than having EAD and invoking AC21. Correct me if I am wrong.

    H1B:

    1. Spouse cannot work.
    2. Do not worry about 485 rejection.
    3. Jump companies and go up the ladder as you are in H1 and not in EAD and still port the PD. THIS IS VERY USEFUL. CORRECT ME IF I AM WRONG.
    4. No expenses for the employee for H1 related issues ( legally).
    5. Stamping required. But only once in three years if you get 3 year extn after 140 approval.

    EAD / AC21:

    1. Spouse can work.
    2. Invoke AC21, but you have to switch to similar job. This is very frustrating if you are looking to go up the ladder.
    3. If you dont have any time left in your first 6 years of H1, you will be in big trouble if your 485 gets rejected for unknown reasons.
    4. No stamping, but advance parole required.
    5. Spend yearly on parole, EAD.

    Anything else to be added to the above list?


    EAD vs H1 - which is better.. my answer is whichever stage u are in - "Supporting IV is always better"...





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  • Prashanthi
    07-30 06:25 PM
    My kids and I got our I485 (EB2 I PD 2005) approval in July 2008 and my wife's case was sent for Interview which we attended in December when they asked to redo the medicals. Medicals were submitted to them after which the case has gone "dead".
    Questions :
    1. What is the Immigration status of my wife during this time? Her H4 (which would have been nulled due to my AOS anyway) in December.

    She has Advance Parole and EAD but everyday we are worried about challenges ranging from not being able to buy life insurance for her at competitive rates (she has been declined due to THIS immigration status), Drivers license renewal coming up. We havent been able to travel freely as a family outside the country due to the fact that AP is for emergency travel only.

    2. What will happen to her case if something happens and I pass away while she is waiting?

    3. Do I have to wait for my earlier PD (2005) to become current again before she gets approval. The way it is going with retrogression my kids and I may get citizenship before she gets her greencard.

    4. Will writing to a congressman / senator help? It is really having a significant impact on our lives as a virtually "broken family".

    Your help would be much appreciated.

    First of all, lets hope nothing happens to you. At this time i suggest waiting, something might come up later this year or early next year with reference to making use of unused visa numbers, if this happens, your wifes date will become current and her I-485 will get approved. Unfortunately the petition dies with the petitioner. However in the case of family based I-130 petitions, The Attorney General may in his discretion reinstate the approval of your family-based visa. The Attorney General may exercise favorable discretion where "for humanitarian reasons revocation would be inappropriate." 8 C.RR. Sec. 205.1(a)(3)(i)(C).





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  • pappu
    07-28 12:09 PM
    I dont know whether IV could raise this issue or members of each state could talk with the DMV (highest official) or even the governor of the state so that this ridiculous rule which is causing a lot of pain to lot of our members is taken care off. They introduced this rule to keep away people who are out of status to renew the lisence. For that they only need to check the visas / other documents and need not require the person to retake the whole test. The DMV claims that this is required because as of the date of expiry of your (non renewable) lisence, you actually dont have a lisence to renew and therefore have to redo the whole thing.

    Good idea. It is something state chapters can take up as an issue and take it to the local authorities. Michigan chapter had successfully done some advocacy effort. Those members can provide guidance if you are interested in taking it up in your state. IV will also help as needed and put its weight behind you, once you take it up as your action item at chapter level.



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  • CatsintheCraddle
    05-04 04:59 PM
    No, the I-130 was never denied, I don't think it was ever approved either though. I have receipt notices for everything we applied for but on the website, I can only check updates for my EAD (forgot the # of form) and my I-485.

    The letter of denial states it's my I-485 that has been denied, there is no mention of the I-130. Of course it then goes on to mention that any EAD's travel docs. etc have been revoked. I can not appeal the decision but I'm allowed to reapply or file for motion to have case re-opened.

    I am worried about what box to check but I'm going to an info pass meeting tomorrow, I'm hoping they can help me with that.





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  • retropain
    08-14 02:07 PM
    Congratulations my cuban friends!

    You no longer have to wait in this friggin' green card line

    http://www.miami.com/mld/miamiherald/15256657.htm

    Perhaps the most important measure is the decision to parole into the United States thousands more Cubans with close relatives here, thus reducing a backlog in family-based immigrant visas. While Homeland Security did not say how big the backlog is, it's said to be in the thousands.



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  • camilopino
    01-08 04:48 PM
    Well the processing times for my cathegory are January 07, which I supose means that there are five months later than my I485 receipt date: July 07. I suppose it will happen one day. Thanks!





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  • Bpositive
    12-05 12:20 AM
    "On December 4, 2009, we ordered production of your new card. Please allow 30 days for your card to be mailed to you."

    My PD was Dec 4, 2004. EB2. Exactly 5 years from PD and over 10 years from first entry to US. Getting stuck in the BEC backlog and my wife getting stuck in India with 221(g) were among my most painful experiences through the journey. And not being able to take a fabulous offer at double my salary in 2007 hurt too.

    Thanks for all the support. And congratulations again to the leaders of IV for creating a platform for Employment based GC applicants.

    Feel free to contact me if you are starting high-growth businesses and need someone to bounce ideas off. And of course I am happy to help with IV initiatives to clear EB backlog.

    Bpositive.



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  • grupak
    03-14 04:41 PM
    Infact I know one Texas member who has contributed a percentage of his tax return last year, and will be doing it again.

    BTW.. please explain what is this $600 rebate? I already filed my taxes myself, and maybe I missed this.

    Its part of Bush's stimulus package... I don't don't think anything is required on your part besides filing taxes. The rebates should be coming in around May according to NPR, if I am not mistaken. $600 per individual filing. In a joint filing $600 each for husband and wife, $300 for each kid (ceiling?)





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  • signin241
    07-24 09:15 PM
    Thanks for the responses.

    I have the affidavits and the birth certificate with me. The problem is with the misspelled names on those when compared to my passport.



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  • Edison99
    01-27 02:29 PM
    Good job IV team and keep going...

    Press release. Jan 26, 2011
    ==================

    Immigration Voice: President's vision on immigration "in the right direction"

    Immigration Voice (ImmigrationVoice.org - Home (http://www.ImmigrationVoice.org)) applauds the President�s recognition of our broken immigration system that allows for educating foreign nationals in the best universities this country has to offer and refrain from utilizing the investment made on them. The President�s call to reform in his State of the Union speech last night is an acknowledgement that has been decades in the making, he took it a step further by rightly calling out on policies that �makes no sense.� His vision and continued support on finding solutions to fix these problems is a step in the right direction.

    America�s competitiveness and the initiative of keeping the jobs in the US, from being outsourced rests with the highly educated and skilled labor force within the country. The President�s vision of �let�s stop expelling talented, responsible young people who can staff our research labs, start new businesses, and further enrich this nation" is commendable. The highly educated foreign nationals are forced to seek employment elsewhere due to the long waiting periods in attaining green cards. Nearly a million people are stuck in the process and their prime creative years are submerged in the uncertainties of acquiring permanent residency in the country, and their entrepreneurial ventures are curtailed. The need for a bipartisan solution to reform the employment based green card systems that American employers use to recruit and retain the best and the brightest from around the world has become an immediate necessity.

    As the President noted, �No workers - no workers are more productive than ours. No country has more successful companies or grants more patents to inventors and entrepreneurs. We're the home to the world's best colleges and universities, where more students come to study than any place on Earth.� Immigrants come to this country with the very dream the President described, to be a part of the great American workforce, working hard and giving their very best to the country. Aman Kapoor, Immigration Voice founder and president stated, �By tying the economic prosperity with innovation, President Obama has successfully merged the prosperity of our economy with fixing employment based immigration and the tremendous talents that is just waiting to be unleashed.�

    Immigration Voice is greatly honored to work with the Congress and the Administration in finding solutions to the root problems of the backlogs and help clear a path for talented immigrants to contribute to the cutting edge in American innovation and exceptionalism.


    Immigration Voice is a non-profit, national grassroots organization promoting awareness and providing solutions to fix the problems faced by high skilled legal immigrants in the employment based immigration system. Learn more at ImmigrationVoice.org - Home (http://www.immigrationvoice.org)





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  • CrazyWorld
    08-04 05:58 PM
    I've applied for EAD/AP renewal for both myself and my wife. I spent $1,290 for this.

    Say I got my GC approved and then I call USCIS and withdraw my pending EAD/AP application. Will I get a refund for pending EAD/AP application, if I get my GC approved before EAD/AP approval?

    Thanks,

    India EB2; PD - Nov 05
    I-140 - Filed Mar '06; Approved Jun '06
    I-485 - Reached NSC July 26'07;



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  • sanjaymk
    11-09 07:17 PM
    Hello,

    I am willing to contribute my time. I have decent writing skills and can create some PPT.

    Sanjay.
    $150 donation so far.





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  • sodh
    07-27 04:43 PM
    For getting the Copy of my Labor Certificate, Do I still need to submit the FOIA form to USCIS or should it be submitted to different department. Please advise.
    Go to USCIS site and download the G-639 form it has the address you can mail the FOIA request to



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  • JunRN
    11-05 08:26 PM
    I guess one option is "follow-to-join". Go back to home country and apply for follow to join.

    But you should not miss that period when your PD becomes current. It usually takes one whole month for PD being current so I don't see a reason why they cannot file in time.





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  • WeShallOvercome
    07-23 04:26 PM
    You cannot file EAD/AP without the Receipt notice. Since u will be filing it urself anyways(no layer fee involved), y dont u file it with just stating the 485File number in the covering letter, also attach the prints of the checks cashed.

    I would say its worth giving a shot.

    [You may also state any lame reason that u/employer/lawyer have misplaced the receipt notice in the covering letter ...try this at ur own risk]


    Thanks pa_Arora

    That's what I'm planning to do in the end. Just waiting for my case to be receipted. Aa friend suggested putting a copy of the FP notice as it looks just like I-485 RN and has all the information in it.



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  • nousername
    09-04 12:57 PM
    More than the economy, companies willingness to pay, agreement, etc I think it is very important for the applicant to understand the delays s/he "might" face while the GC process is ongoing. As we all know it can take as much as up to 10 years for the GC. During this processing time, some of us decide not to take risk and avoid things like expanding the family, buying a house, etc, etc (everyone has their own list).. Which is totally understandable but is GC worth putting your life on hold?

    If the answer is no then go for it man and apply but if the answer is yes then you might want to reconsider the GC thing..

    At the end of the day it is very important for the applicant to set their priorities and expectations right, as mid-way many of use get really frustrated..

    But again, there is no good or bad time to file for GC if you know what you want then by all means go for it.

    Disclaimer: I am not discouraging anyone from applying for the GC. Everyone should go for it as bigger the line bigger the pain, result bigger the gain for all of us :)

    One of my good friend asked me this questions yesterday? I did not have an answer for him and wanted to ask if someone could have any suggestions on this.

    Thanks you for your time.

    His company wants to start his EB2 green card process. He was wondering if this a good time to do this? Is it recommended that he delay this process for 6 months or so? He is currently in his 3rd year of H1B.

    Thanks
    -M





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  • gemini23
    08-02 12:57 PM
    my experience with all carriers including fedex/dhl and others have been bad. Infact no one can guarantee a timely delivery for international shipments, as there is customs check, that can delay the delivery. Customs clearance is not controlled by these carrier companies, though they can only expedite it.

    my 2 cents.





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  • sixburgh
    06-28 05:50 PM
    Read carefully. It says 'However, there is an exception for people in H, L, K or V'. You are not on H1 right. That condition won't applicable for you.

    I have an expired H1 VISA stamp, but an approved h1 i797 form approved till 2013, but I am using my EAD to work.

    Assuming that, are you saying that I can go to a consulate, get a h1 stamp and reenter on h1 ? and by doing so I WILL NOT jeopardize my AOS?

    Sorry to be a pain.
    I am just trying to understand this properly.
    I do not intend trouble.
    Any replies that you guys are giving is very much appreciated.





    Domino
    09-14 01:24 PM
    Thank you raysaikat.
    I just see one more option-- NIW...
    Hope at least one of these would work in the end.





    gc_kaavaali
    12-09 10:53 AM
    Guys,

    Right now there are 154 guests accessing this site...please become a member, join state chapter and please please contribute to IV..



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