MahaBharatGC
10-14 01:39 PM
agree.. 90 days is too much.. esp when just dates need to be extended.. In the first place.. it should be non-expiring .. something like valid with I-485 Receipt... and then when accepting EAD employer can check the I-485 status that its still pending... and any change will send email to the employer about 485 current status...
But then my dear.. where's the money...
Gov: Show me the money?
USCIS: let sdo 1 year EAD/AP renewal... and we can sit for 90 days on it for generating this much money... and find cheapest ways of printing the card and mailing... If errors happen we might get more money :-)
Gov: why are you not moving dates and making more money?
USCIS: Okay we'll issue 2year EAD and accept more new apps...
and so on...
Well said and may be we should add to Show me the money...
USCIS: We should implement a application storage fee for each pending I-485 which should be paid every year to determine if the person is still in work?
Very very ridiculous!!!
But then my dear.. where's the money...
Gov: Show me the money?
USCIS: let sdo 1 year EAD/AP renewal... and we can sit for 90 days on it for generating this much money... and find cheapest ways of printing the card and mailing... If errors happen we might get more money :-)
Gov: why are you not moving dates and making more money?
USCIS: Okay we'll issue 2year EAD and accept more new apps...
and so on...
Well said and may be we should add to Show me the money...
USCIS: We should implement a application storage fee for each pending I-485 which should be paid every year to determine if the person is still in work?
Very very ridiculous!!!
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saileshdude
06-25 11:00 AM
You could argue that you don't need to have a job now, just that you need to be in a "same or similar"position when the 485 is approved. if your priority date is very backlogged, you have lots of time to find a job.
Would this kind of RFE response be acceptable ? If the RFE asks for employment letter and you send a response that you dont have a job and also that you are not required to have one until your Priority date becomes current, I think your AOS can be denied. Based on the memo you can argue that but I am not sure if anyone has actually done this and their AOS has continued to be processed.
Please elaborate if you can on this.
Would this kind of RFE response be acceptable ? If the RFE asks for employment letter and you send a response that you dont have a job and also that you are not required to have one until your Priority date becomes current, I think your AOS can be denied. Based on the memo you can argue that but I am not sure if anyone has actually done this and their AOS has continued to be processed.
Please elaborate if you can on this.
unseenguy
06-16 01:12 AM
I agree with above posters.
Ask for shorter duration visa.
leave siblings out
Show strong financial position to supprt their stay in US
Show strong ties to home country. (leaving siblings out & adding grandparents care is a good thing), but also show strong monetory ties such as property in home country.
Ask for shorter duration visa.
leave siblings out
Show strong financial position to supprt their stay in US
Show strong ties to home country. (leaving siblings out & adding grandparents care is a good thing), but also show strong monetory ties such as property in home country.
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makemygc
07-18 12:12 PM
There's no need for you to be negative.
Obviously you have benefitted already from what's happened. Think about people who are stuck (just as you were up until recently) and want to 'try' to make things work for them too....
wish people were more understanding of others also. Why is it people forget what it was like for them when they were in same boat?
I edited my previous message as I do agree I sounded negative but that's not what I mean.
Some of my suggestions:-
1. Creating a petition and getting it signed by more than 10000 victims stuck in BEC and sending it to relevant people in congress and USCIS.
2. Doing a rally in NY, Sanjose etc.
3. Working closely with USCIS and IV core and see how we can improve the situation.
Obviously you have benefitted already from what's happened. Think about people who are stuck (just as you were up until recently) and want to 'try' to make things work for them too....
wish people were more understanding of others also. Why is it people forget what it was like for them when they were in same boat?
I edited my previous message as I do agree I sounded negative but that's not what I mean.
Some of my suggestions:-
1. Creating a petition and getting it signed by more than 10000 victims stuck in BEC and sending it to relevant people in congress and USCIS.
2. Doing a rally in NY, Sanjose etc.
3. Working closely with USCIS and IV core and see how we can improve the situation.
more...
estrela21
02-09 12:03 AM
thank you,,,,i will..
have a good night
have a good night
SU1979
10-09 01:02 PM
Please provide additional details regarding U'r labor like EB1/2/3
GC approval process is a long process, U just started U'rs. I don't understand whatz the panic..
Pleaseprovide appropriate titles when U create a thread...
Thanks for your response. I shall put a good heading from next time. As this was my first post, I would like to take the opportunity to ask for apology.
My GC is in EB-2 category. My questions are very much clear. I do not have much idea about GC processing like you for which I have so much panic.
It would be great if you could please answer my above mentioned questions explicitely.
Thanks
GC approval process is a long process, U just started U'rs. I don't understand whatz the panic..
Pleaseprovide appropriate titles when U create a thread...
Thanks for your response. I shall put a good heading from next time. As this was my first post, I would like to take the opportunity to ask for apology.
My GC is in EB-2 category. My questions are very much clear. I do not have much idea about GC processing like you for which I have so much panic.
It would be great if you could please answer my above mentioned questions explicitely.
Thanks
more...
usirit
11-21 12:14 AM
You are from ROW....here are some things to consider....
Is your new employer filing your GC under EB-2? If the answer is yes, then you should definitely take the new job and re-file GC and not worry about your EB-3 perm that is pending.
If your new employer is going to file under EB-3, then you have to evaluate which job is better for you (as far as pay, position etc.). If you think the new job is much better than what you have now, then I think you should still go for it. Your PD is very recent and a PD of Aug 2007 and a PD of (say) Feb/Mar 2008 has approximately the same value (according to me).
You have a valid H-1B until June 2009 and since you will apply for your perm LC before June 2008, you are eligible for atleast 1 year H-1B renewals.
Hope this helps. Good luck.
Thank you for your quick reply 'loudoggs'... of course it helps and it raise my confidence on the IV group....
I've actually just e-mailed the new employer attorney in order to evaluate the possibility of filling on a different employment-based category. Do you think I will be able to evaluate if I fit on EB-2 rather than my current category EB-3?
Comparing employers (IT field) the new one is offering a more up-to-date technology and improved package but I am so attached to my current one...
Is your new employer filing your GC under EB-2? If the answer is yes, then you should definitely take the new job and re-file GC and not worry about your EB-3 perm that is pending.
If your new employer is going to file under EB-3, then you have to evaluate which job is better for you (as far as pay, position etc.). If you think the new job is much better than what you have now, then I think you should still go for it. Your PD is very recent and a PD of Aug 2007 and a PD of (say) Feb/Mar 2008 has approximately the same value (according to me).
You have a valid H-1B until June 2009 and since you will apply for your perm LC before June 2008, you are eligible for atleast 1 year H-1B renewals.
Hope this helps. Good luck.
Thank you for your quick reply 'loudoggs'... of course it helps and it raise my confidence on the IV group....
I've actually just e-mailed the new employer attorney in order to evaluate the possibility of filling on a different employment-based category. Do you think I will be able to evaluate if I fit on EB-2 rather than my current category EB-3?
Comparing employers (IT field) the new one is offering a more up-to-date technology and improved package but I am so attached to my current one...
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FinalGC
12-02 01:21 PM
If your company is paying for GC, then go ahead and apply for GC and hope 140 will be approved, so that u can apply for H1.
Yes you have run out of time, since you have already crossed the 365 day limit before 6 year ends, before which u needed to apply for GC. Otherwise you could have applied for H1 renewal based on GC application. Now u have only 3 options.
1. Go back to India after 6year expires
2. Hope 140 gets approved before sept 30, 09 and apply for premium processing h1 if you want h1 to be done quickly
3. Convert to F1...you can send the papers for F1 to your college and you can have that available without affecting your H1, until u begin using F1 status
hope that helps
Yes you have run out of time, since you have already crossed the 365 day limit before 6 year ends, before which u needed to apply for GC. Otherwise you could have applied for H1 renewal based on GC application. Now u have only 3 options.
1. Go back to India after 6year expires
2. Hope 140 gets approved before sept 30, 09 and apply for premium processing h1 if you want h1 to be done quickly
3. Convert to F1...you can send the papers for F1 to your college and you can have that available without affecting your H1, until u begin using F1 status
hope that helps
more...
rockstart
06-10 08:30 AM
I have copies of all my I-20's and H1B's with me but I never kept copies of I 94 cards. Now if they start asking for all such documents its going to be very difficult. What happens if you are missing an old I20 can you ask school to go thro their records and issue a duplicate. To be honest from 2003 onwards everything is online via SEVIS so they should not even ask us for paper documents. Same with H1 with this new system they have started from this year.
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funny
09-16 02:54 PM
Keep those phone lines busy..
more...
black_logs
04-12 04:44 PM
It's like a scam. I wonder how could labor substitution live for so long. My labor was filed in sep'2003 and I'm still waiting. My next door was planning to go back to his country and had never applied for Green card, but 6 months ago, when he had 2-3 months left for his 6th year, he got a labor and he filed I-140 & I-485 together. Now he and his wife works on EAD & I'm still waiting for my labor. What kind of @#@$@# is this ? And who know before my attorney receives my labor cert. it'll allready be 45 days and I will have to pack my bags. that'll be @#$@#$!!!!
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ashres11
05-30 09:58 AM
I am going to use AC21 and H1 transfer. Now my situation is with wife status. Any information is appericiated
Wife Came in USA on H4 Visa
Then Convert it t0 H1
Now She activated her EAD and working fulltime.
Can she go back to H4 now. I am a primary applicant for GC.
Wife Came in USA on H4 Visa
Then Convert it t0 H1
Now She activated her EAD and working fulltime.
Can she go back to H4 now. I am a primary applicant for GC.
more...
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nmember
04-03 07:38 PM
Rono Dutta: former CEO of United Airlines
Rakesh Gangwal: CEO of US Airways
Sabir Bhatia: Hotmail
Rakesh Gangwal: CEO of US Airways
Sabir Bhatia: Hotmail
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dealsboy
07-19 10:27 PM
Trance,
Either you or your wife have to curb the career growth.
As of today EB2 is progressing well. There is a gossip out there that EB2 will be current in a year. If you stay with your current company you will get your Green Card.
If you stay in EB2 you may have to cut the career progression for 2 more years (Assumption - EB2 will be current in a year). If you move to Eb3 then it will be 10 yrs or more.
How sure are you that they will process her Green Card in EB2 or atleast they will file for a GC? If your wife only wants to join a company that processes GC in EB2 then there may be a chance that they will pay your wife less.
Decide on your own.
My personal suggestion.
Do not get into EB3 hell.
Answers
1. Do not take the offer. IMO.
2. Yes
3. No
Note : I am in EB3 and my wife is in health care. She will get her job next year.
Either you or your wife have to curb the career growth.
As of today EB2 is progressing well. There is a gossip out there that EB2 will be current in a year. If you stay with your current company you will get your Green Card.
If you stay in EB2 you may have to cut the career progression for 2 more years (Assumption - EB2 will be current in a year). If you move to Eb3 then it will be 10 yrs or more.
How sure are you that they will process her Green Card in EB2 or atleast they will file for a GC? If your wife only wants to join a company that processes GC in EB2 then there may be a chance that they will pay your wife less.
Decide on your own.
My personal suggestion.
Do not get into EB3 hell.
Answers
1. Do not take the offer. IMO.
2. Yes
3. No
Note : I am in EB3 and my wife is in health care. She will get her job next year.
more...
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mhtanim
02-26 03:18 PM
Please recheck your info before dispensing advice. Adjustment of Status application is based on premise that you are already present in USA. At the time approval, you should be present in USA. Thus the need for AP. If your Green card AOS application has been approved while you are out of country. You NEED AP to enter.
You have raised an interesting point that I have not thought about before. My advice was based on few people who actually did came back to the U.S. using GC while they were abroad.
You have to be in the U.S. while you are filing I-485. However, I will be willing to see where you got "At the time approval, you should be present in USA".
There are lot of people who have valid H1/H4 stamp and did not bother to apply for AP because of that. If what you are saying is the fact, then all those people are taking risks when they are leaving the U.S. without AP.
http://www.murthy.com/chatlogs/ch021808_P.html
Chat User : How can one return to the USA if his I-485 is approved while abroad?
Attorney Murthy : Per the March 2000 and the May 2000 Legacy INS Memos, one could presumably use the AP to reenter, if one has the AP approved before departing the U.S. If not, that could add more complications. The CBP inspectors could refuse entry, technically, but they are allowed to parole an individual into the U.S. If one has an H-1/H-4 or L-1/L-2, s/he could use those documents to get on the plane, and then explain the I-485 approval at the POE.
http://www.murthy.com/chatlogs/ch120307_P.html
Chat User : Thanks for your great service, I am in India with AP right now and my GC has been approved now. Is there any problem with reentering using AP?
Attorney Murthy : Generally, the CBP Inspector is allowed to use the AP for the person to be able to enter the U.S. and then the individual should get the I-551 card (GC) in the mail. In fact, if one has a family member or friend checking the mail, it could be possible to have the GC sent abroad, so that it can be used to reenter the U.S. In either event, it should not pose a problem, as long as the AP has not yet expired per the Legacy INS policy guidance on this issue.
I guess the second scenario is for someone who does not have a valid H1/H4 stamp in the passport. In both scenarios, it was not mentioned what happens if someone mails you the GC.
Anybody has more experience in this please comment.
You have raised an interesting point that I have not thought about before. My advice was based on few people who actually did came back to the U.S. using GC while they were abroad.
You have to be in the U.S. while you are filing I-485. However, I will be willing to see where you got "At the time approval, you should be present in USA".
There are lot of people who have valid H1/H4 stamp and did not bother to apply for AP because of that. If what you are saying is the fact, then all those people are taking risks when they are leaving the U.S. without AP.
http://www.murthy.com/chatlogs/ch021808_P.html
Chat User : How can one return to the USA if his I-485 is approved while abroad?
Attorney Murthy : Per the March 2000 and the May 2000 Legacy INS Memos, one could presumably use the AP to reenter, if one has the AP approved before departing the U.S. If not, that could add more complications. The CBP inspectors could refuse entry, technically, but they are allowed to parole an individual into the U.S. If one has an H-1/H-4 or L-1/L-2, s/he could use those documents to get on the plane, and then explain the I-485 approval at the POE.
http://www.murthy.com/chatlogs/ch120307_P.html
Chat User : Thanks for your great service, I am in India with AP right now and my GC has been approved now. Is there any problem with reentering using AP?
Attorney Murthy : Generally, the CBP Inspector is allowed to use the AP for the person to be able to enter the U.S. and then the individual should get the I-551 card (GC) in the mail. In fact, if one has a family member or friend checking the mail, it could be possible to have the GC sent abroad, so that it can be used to reenter the U.S. In either event, it should not pose a problem, as long as the AP has not yet expired per the Legacy INS policy guidance on this issue.
I guess the second scenario is for someone who does not have a valid H1/H4 stamp in the passport. In both scenarios, it was not mentioned what happens if someone mails you the GC.
Anybody has more experience in this please comment.
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raj1998
04-13 12:49 PM
I am not 100% sure but when you are on H1B should'nt you be working from where your LCA was approved for? In OP's case, its remote work but outside USA, in that case I am not sure
1. if the LCA filed will any longer be valid and that might cause issues with labor dept
2. what happens when USCIS finds out that you left the country and physically not present in USA and still running payroll in USA plus also the LCA is no longer valid, this might be an issue when your renewal comes up.
3.how your payroll can be run when you are not in the country?what are the tax implications? you need to have a physical address in US to file taxes, is'nt it? without an address in the specified location and specific state, you will be considered as non-resident.
when you file taxes as non-resident but a resident of a different country, then you will have to understand the tax treaties between the USA and the resident country and file taxes accordingly.
You might want to talk to an immigration attorney as well as someone who specializes in taxes(not just CPA, but an attorney who understands tax laws). I dont think this can be as simple as others mentioned. this is just my opinion and I could be wrong. talk to legal experts.
In my company 3 of my collegues are doing exactly this. All are representing US company in the offshore development centre. there payrolls are run here in US, they are in India and all there expenses are paid by US company. They pay taxes here in US show some friends address and there 485 is also in progress
I am on H1b and also travel a lot at times upto 4 months. (same LCA issue should be true for me also) but never had an issue....
But I hear you, so better check with an lawyer and have a complete picture, but as I say this is completely doable.
1. if the LCA filed will any longer be valid and that might cause issues with labor dept
2. what happens when USCIS finds out that you left the country and physically not present in USA and still running payroll in USA plus also the LCA is no longer valid, this might be an issue when your renewal comes up.
3.how your payroll can be run when you are not in the country?what are the tax implications? you need to have a physical address in US to file taxes, is'nt it? without an address in the specified location and specific state, you will be considered as non-resident.
when you file taxes as non-resident but a resident of a different country, then you will have to understand the tax treaties between the USA and the resident country and file taxes accordingly.
You might want to talk to an immigration attorney as well as someone who specializes in taxes(not just CPA, but an attorney who understands tax laws). I dont think this can be as simple as others mentioned. this is just my opinion and I could be wrong. talk to legal experts.
In my company 3 of my collegues are doing exactly this. All are representing US company in the offshore development centre. there payrolls are run here in US, they are in India and all there expenses are paid by US company. They pay taxes here in US show some friends address and there 485 is also in progress
I am on H1b and also travel a lot at times upto 4 months. (same LCA issue should be true for me also) but never had an issue....
But I hear you, so better check with an lawyer and have a complete picture, but as I say this is completely doable.
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jonty_11
01-31 01:49 PM
I think we need to help ourselves, please contribute to IV and help yourselves.
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Alabaman
05-15 09:17 PM
All these articles say we are hoping to get citizenship. I think this word raises more shackeles than saying getting green card. Cmon, we are only thinking GC now. Ctizinship after 5 years is somewhat of a time bound process. Why don these articles say we are waiting for GC. This atleast will be more palatable to the anti leagl immigration forces.More importanatly it refelects our true problem as of now.
Thats what annoys me... that they say we are trying to get citizenship. We just want to be free. If GC would give us that then we are fine. They can give us GC and say 10 years before we can apply for citizenship as long as we are free. Right now I feel like I am chained down. I can not plan I can not move forward... living a stagnant live.
The problem though is that there is no line to get into. Employers are not even willing to sponsor GC anymore. There is the need to be able to self petition.
Most people writing all these articles dont even know what is going on. They need to experience the immigration system for them to know. A lot of the facts they present are wrong. They say there is a legal way of getting GC. There is no defined legal way. It is dependent on employers wi
Thats what annoys me... that they say we are trying to get citizenship. We just want to be free. If GC would give us that then we are fine. They can give us GC and say 10 years before we can apply for citizenship as long as we are free. Right now I feel like I am chained down. I can not plan I can not move forward... living a stagnant live.
The problem though is that there is no line to get into. Employers are not even willing to sponsor GC anymore. There is the need to be able to self petition.
Most people writing all these articles dont even know what is going on. They need to experience the immigration system for them to know. A lot of the facts they present are wrong. They say there is a legal way of getting GC. There is no defined legal way. It is dependent on employers wi
wait4ever
11-09 05:44 PM
What is wrong with people here ?
The UK Doctors WON the case on Appeal - the UK courts ruled that the actions by the UK Governments were unlawful.
People - please no doomsday expressions on these forums if you are so unhappy look elsewhere - I read a post where one poster (Invincibleasian) mentioned that "I hope that they dont flood the US from UK" - well you came here and no one said anything so why this "pull up the ladder" mentality.
Folks - Remember United we stand ! we are immigrant Employment based workers and in this flat world we are all impacted by legislation equally irrespective of which country enforces them.
Enough said :mad:
The UK Doctors WON the case on Appeal - the UK courts ruled that the actions by the UK Governments were unlawful.
People - please no doomsday expressions on these forums if you are so unhappy look elsewhere - I read a post where one poster (Invincibleasian) mentioned that "I hope that they dont flood the US from UK" - well you came here and no one said anything so why this "pull up the ladder" mentality.
Folks - Remember United we stand ! we are immigrant Employment based workers and in this flat world we are all impacted by legislation equally irrespective of which country enforces them.
Enough said :mad:
Blog Feeds
05-20 05:40 PM
�You don�t need to extend your H-1B status, you�ve got an EAD!� If I read such a statement on a message board, I might understand that since the author was not trained as an immigration attorney, this may seem logical to him. However, when someone who is seeking my advice tells me that his former attorney told me this, I cringe. Why should someone with an Employment Authorization Document (EAD) not use it, but instead keep renewing their H-1B status? Consider this real life example: Last week, an Indian professional had a legal consultation with me. He had been in...
More... (http://blogs.ilw.com/carlshusterman/2009/05/the-importance-of-maintaining-your-h1b-status.html)
More... (http://blogs.ilw.com/carlshusterman/2009/05/the-importance-of-maintaining-your-h1b-status.html)
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