nkavjs
11-09 09:15 PM
[QUOTE=tinuverma;193745]Hello guys,
Firstly happy diwali to everyone at IV
Quick background:
H1-B valid till jan-2010
Application for GC filed on July 23rd 2007 (reached USCIS - DHL i think)
All checks encashed on oct 17th 2007
Received fingure printing notice on Nov 6th for both - wife and I
Received EAD for both nov 8th.
I work for a consulting company like many others here. This puts me in a spot, if I call the lawyer and ask for advise, he says he is representing my company and cannot answer certain questions. I cannot ask my consulting company for obvious reasons. Hence turning to you guys for help.
Now here is my question:
my priority date is sept 2005. With the dates above, when is it safest to change jobs?
-- If you take my advise. Its not advisable to switch jobs now. Starting July 23rd, count 180 days before even you decide to make a jump using AC12.
Also what is the reason my lawyer (or paralegal) indicated that it is better if I change jobs only after getting my green card?
-- If you move jobs using EAD, then if for any reason if your 485 is denied then you will be out of status and have to leave US.. But if you are employed with same employer on H1 and if your 485 is rejected, you are still safe.. can again file for second 485 petition. Dont have to leave US right away.
When I asked if it is ok to travel on H1/H4 to India ...I was informed that it is better not to travel until all this is over. Is there something I am missing?
-- If you receive AP, its ok to travel if your passport is not with H1 stamping.
Once you get back, you will be stamped as parollee.
Why is it not safe to travel while on EAD and yet to have the GC in hand?
-EAD has got nothing to do with your travel plans. You either need H1 stamped passport or a AP notice.
Last and most imp, is there any on when I can hope to get the actual green card?
-- Dont know the answer.. Its like a lottery.
Firstly happy diwali to everyone at IV
Quick background:
H1-B valid till jan-2010
Application for GC filed on July 23rd 2007 (reached USCIS - DHL i think)
All checks encashed on oct 17th 2007
Received fingure printing notice on Nov 6th for both - wife and I
Received EAD for both nov 8th.
I work for a consulting company like many others here. This puts me in a spot, if I call the lawyer and ask for advise, he says he is representing my company and cannot answer certain questions. I cannot ask my consulting company for obvious reasons. Hence turning to you guys for help.
Now here is my question:
my priority date is sept 2005. With the dates above, when is it safest to change jobs?
-- If you take my advise. Its not advisable to switch jobs now. Starting July 23rd, count 180 days before even you decide to make a jump using AC12.
Also what is the reason my lawyer (or paralegal) indicated that it is better if I change jobs only after getting my green card?
-- If you move jobs using EAD, then if for any reason if your 485 is denied then you will be out of status and have to leave US.. But if you are employed with same employer on H1 and if your 485 is rejected, you are still safe.. can again file for second 485 petition. Dont have to leave US right away.
When I asked if it is ok to travel on H1/H4 to India ...I was informed that it is better not to travel until all this is over. Is there something I am missing?
-- If you receive AP, its ok to travel if your passport is not with H1 stamping.
Once you get back, you will be stamped as parollee.
Why is it not safe to travel while on EAD and yet to have the GC in hand?
-EAD has got nothing to do with your travel plans. You either need H1 stamped passport or a AP notice.
Last and most imp, is there any on when I can hope to get the actual green card?
-- Dont know the answer.. Its like a lottery.
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natrajs
06-24 11:24 PM
http://www.msnbc.msn.com/id/25356825/
http://money.cnn.com/news/newsfeeds/articles/apwire/99b403f496f2ed426260e2b3b3a589c0.htm
http://money.cnn.com/news/newsfeeds/articles/apwire/99b403f496f2ed426260e2b3b3a589c0.htm
Lisap
08-28 11:59 AM
If you stopped payment on individual checks (My banks charges $30 for each check stoppage) it would have been denied eventhough USCIS tried to cash it (instantly as it is electronic transaction).That you received receipt notices means, the checks went through, and your application is considered properly filed.
If stopped as a batch of checks (it is free of charge with my bank), it would still go through, despite your stoppage request, as it is like paper check.
So to be absolutely certain, you should stop them individually if you want to stop payment on the 2nd set of application too.
Looks like you are indeed very lucky to have got things in order despite your attorney's best efforts to screw up!
I am in some what similar situation;my checks are seen today as encashed on 8/23 for a July 2 filing.I too send out a 2nd set of I-485 applications on 8/16, as I got scared of missing out on the window of opportunity.I have asked today for stop payment on all my checks individually for this 8/16 filing.
I actually did a stop payment on the checks (they were personal checks) and was charged the 30/ per check. I did the stop payment on the 14th of Aug. At the bank they were able to see that uscis had not tried to cash the checks as of yet. We managed to get the stop payment reversed so I guess we wait and see now!
Now that I do have receipts- should I go ahead and stop payment on the 2nd set??
If stopped as a batch of checks (it is free of charge with my bank), it would still go through, despite your stoppage request, as it is like paper check.
So to be absolutely certain, you should stop them individually if you want to stop payment on the 2nd set of application too.
Looks like you are indeed very lucky to have got things in order despite your attorney's best efforts to screw up!
I am in some what similar situation;my checks are seen today as encashed on 8/23 for a July 2 filing.I too send out a 2nd set of I-485 applications on 8/16, as I got scared of missing out on the window of opportunity.I have asked today for stop payment on all my checks individually for this 8/16 filing.
I actually did a stop payment on the checks (they were personal checks) and was charged the 30/ per check. I did the stop payment on the 14th of Aug. At the bank they were able to see that uscis had not tried to cash the checks as of yet. We managed to get the stop payment reversed so I guess we wait and see now!
Now that I do have receipts- should I go ahead and stop payment on the 2nd set??
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kak1978
09-24 10:50 AM
but we received an RFE Yday forwarded from my old address which I moved out 1 year ago and filed AR11.
also the RFE stated that there is no G28 representation on our case and worst thing was online status is still pending.
We had lost 13 valuable days because of address they used in RFE.
Good Luck.!!
What was your RFE about?
also the RFE stated that there is no G28 representation on our case and worst thing was online status is still pending.
We had lost 13 valuable days because of address they used in RFE.
Good Luck.!!
What was your RFE about?
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nixstor
09-20 05:37 PM
Just wondering how many souls are out there in the country with EB-2 India PD of 2004 and earlier but are not here on IV.
Even with a 1% representation ( assuming that 2004 folks such as us are NOT tired to participate in poll), the total number should be some thing like 8000-9000. 1.5 dependents makes it 20K-25Knumbers.
Also I noticed that a lot of people who voted here has their profile listed as EB-3. Did those guys took the wrong poll or did interfiling?
I feel that OCT EB-2 I & C reversal of DOS was a knee jerk reaction to USCIS's random approvals and we should see a good jump's in next few months.
Even with a 1% representation ( assuming that 2004 folks such as us are NOT tired to participate in poll), the total number should be some thing like 8000-9000. 1.5 dependents makes it 20K-25Knumbers.
Also I noticed that a lot of people who voted here has their profile listed as EB-3. Did those guys took the wrong poll or did interfiling?
I feel that OCT EB-2 I & C reversal of DOS was a knee jerk reaction to USCIS's random approvals and we should see a good jump's in next few months.
jeda
10-26 06:36 PM
Thanks everybody for the responses.
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axp817
07-22 08:05 AM
NSC has an interesting way of working. Oct 06 cases are pending and they are approving Dec 06 cases.... never think of predicting what govt is (in)capable of :D
Look at Sayantan's signature, he is EB-1, not EB-2. EB-1 I-140 cases at the NSC, are a bit ahead of EB-2.
Look at Sayantan's signature, he is EB-1, not EB-2. EB-1 I-140 cases at the NSC, are a bit ahead of EB-2.
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ngopikrishnan
06-18 07:12 PM
^^^Bump^^^
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mirchiseth
10-07 11:47 PM
May be I am reading it incorrectly. But this news (http://www.livemint.com/2008/10/08001058/Govt-mandates-EPF-for-foreign.html?h=A1) concerns me
New Delhi: The labour ministry has made it mandatory for international workers � both Indians working outside the country and non-Indian citizens working here � to contribute 12% of their salary (matched by an equal amount from the employer) to the Employees� Provident Fund Organisation (EPFO), irrespective of the contributions they may be making to such schemes in other countries.
Does this mean that now if I am working for a US based company, they would have to contribute to Indian EPF on my behalf. That would put a lot of burden on them and essentially give them a dis-incentive to not hire Indian workers.
What are your interpretations?
New Delhi: The labour ministry has made it mandatory for international workers � both Indians working outside the country and non-Indian citizens working here � to contribute 12% of their salary (matched by an equal amount from the employer) to the Employees� Provident Fund Organisation (EPFO), irrespective of the contributions they may be making to such schemes in other countries.
Does this mean that now if I am working for a US based company, they would have to contribute to Indian EPF on my behalf. That would put a lot of burden on them and essentially give them a dis-incentive to not hire Indian workers.
What are your interpretations?
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smsthss
07-02 10:16 AM
I just spoke to my attorney. He told me that he also have the same information that we guys know. He told he is on top of this (keeping track of the developments). He also told me according to him..that the revised july visa need not necessarily come out on 2nd or 3rd. it may be now or mid july. He also told me..there might not even be a revised bulletin. Nobody is sure. He told he is tryin to rush in his applications. Told me..mine was going out today.
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Legal
05-20 08:16 AM
http://www.immigration-law.com/
05/19/2008: Passage of H.R. 5571 for IMGs Failed Today and Postponed Until a Later Date
The House floor failed to pass this bill and postponed until the undetermined date for final action. :(
This bill was supposed to be less controversial than EB recapture bills?
05/19/2008: Passage of H.R. 5571 for IMGs Failed Today and Postponed Until a Later Date
The House floor failed to pass this bill and postponed until the undetermined date for final action. :(
This bill was supposed to be less controversial than EB recapture bills?
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dskhabra
01-06 09:42 AM
There will be no movement for EB2I without spill over. It seems this year is the key as the spillover expected is much more than the previous years (based on the pending application numbers). 10K from last year's family based leftover numbers should also go to EB2 I and EB2 C.
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eb_retrogession
01-09 09:56 AM
The past couple days, I've had this very strange experience. Several of the affected people GREATLY appreciate the efforts being done by ImmigrationVoice and strongly support us (by words). This is all good encouragement. But for monetary contribution, even though the promise is made, they want to take some time to think about it.
Now, Think about what?? If this was some kind of an ad campaign or a puppet show, I did understand. The bottomline is either we get support from affected folks and stand a chance by involving lobbyist, media etc with full force, OR we just keep busting our butts and no money comes up, and we will be where we are 2 years from now.
There are some more folks that contributed SOME money and said they are willing to contribute again later. Fair enough. Only issue is we are running against the clock. It would be a pity if we get all the support in the world a little too late.
My guesstimate is that there are about 350K to 400K people affected by retrogression. As of yesterday, around 50 people have come forward with monetary contribution for the cause. Even though we have done progress by collecting about $8,500, this isn't cutting it. I am hard pressed to understand why affected people prefer to just wait and pray for the best, rather than taking the bull by the horn and try your best.
In our presentations to the lawmakers, we say, EB workers add so much value to the economy and have so much to contribute to this country. How about contributing something for ourselves for once? then maybe you'll have a chance to do the aforementioned contributions!!
I hope people don't regret not helping when the window was atleast slightly open, after it has been shut on their faces. Come May/June, election activities take precedence, don't expect anything to happen second half of this year.
I hope EVERYONE on here understands the importance and significance of acting RIGHT NOW.
I, for one, can sleep well at night, thinking that I did all I can.
contribute at www.immigrationVoice.org
Now, Think about what?? If this was some kind of an ad campaign or a puppet show, I did understand. The bottomline is either we get support from affected folks and stand a chance by involving lobbyist, media etc with full force, OR we just keep busting our butts and no money comes up, and we will be where we are 2 years from now.
There are some more folks that contributed SOME money and said they are willing to contribute again later. Fair enough. Only issue is we are running against the clock. It would be a pity if we get all the support in the world a little too late.
My guesstimate is that there are about 350K to 400K people affected by retrogression. As of yesterday, around 50 people have come forward with monetary contribution for the cause. Even though we have done progress by collecting about $8,500, this isn't cutting it. I am hard pressed to understand why affected people prefer to just wait and pray for the best, rather than taking the bull by the horn and try your best.
In our presentations to the lawmakers, we say, EB workers add so much value to the economy and have so much to contribute to this country. How about contributing something for ourselves for once? then maybe you'll have a chance to do the aforementioned contributions!!
I hope people don't regret not helping when the window was atleast slightly open, after it has been shut on their faces. Come May/June, election activities take precedence, don't expect anything to happen second half of this year.
I hope EVERYONE on here understands the importance and significance of acting RIGHT NOW.
I, for one, can sleep well at night, thinking that I did all I can.
contribute at www.immigrationVoice.org
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pd052009
01-03 10:41 AM
As this bill hurts big corporations, the govt may try something like this. But I sincerely doubt "Indian" Govt will seriously do something for this.
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vegasbaby
10-04 12:14 AM
Would greatly appreciate some advice regarding my fiancee.
She is currently in the US on a B1-B2 Tourist/Business visa. This is her fifth visa and has visited the US a total of 10 times over the past 5 years, spending 1-5 months each time. She has NEVER had a problem on arrival at the airport, never been called into the room for questioning, etc.
We are planning on getting married, but we need to make a trip to her home country for my work in the next few weeks for about a month. We were planning on waiting till 30 days after our return to marry and then to apply for her I-130/I-485 after that.
We just had a consultation with an immigration lawyer who recommended that she does NOT leave the country, and that we should get married ASAP and apply for the I-130/I-485 now, wait 2-3 months and make our trip then. The lawyer thought that there was a possibility that she might not be admitted the next time she comes in if the border agent has even the tiniest suspicion that she is entering to get married.
Although her previous B1-B2 visas were renewed each year without an interview, this year she was called in and they asked her some questions. She mentioned that she was doing some work for me in China, and that she would be staying with me in the US. She also put me down as her financial guarantee in the US.
I understand the basics of dual intent, and would not want to compromise her ability to enter the country.
Of course no one can know for sure, but would be grateful for some experienced advice about this. What are her chances of being refused entry when she returns? (Her visa is valid for one year, so it would be on the same visa she arrived here on this summer.) Would it be better if she arrived on a different flight than me? Or even better if she arrived on a flight to another city rather than the one where we live?
Any suggestions or advice would be greatly appreciated. Thank you.
I have to agree with the attorney here...B1/B2s visa are not much of a gain to USCIS. The beneficiary is not paying any taxes while in US. So there is every possibility of rejection/denial at POE. Best would be getting married while in US..The attorney's would have much more control if COS was done from US. Most attorney's would not be of much help when consular processing is involved.
She is currently in the US on a B1-B2 Tourist/Business visa. This is her fifth visa and has visited the US a total of 10 times over the past 5 years, spending 1-5 months each time. She has NEVER had a problem on arrival at the airport, never been called into the room for questioning, etc.
We are planning on getting married, but we need to make a trip to her home country for my work in the next few weeks for about a month. We were planning on waiting till 30 days after our return to marry and then to apply for her I-130/I-485 after that.
We just had a consultation with an immigration lawyer who recommended that she does NOT leave the country, and that we should get married ASAP and apply for the I-130/I-485 now, wait 2-3 months and make our trip then. The lawyer thought that there was a possibility that she might not be admitted the next time she comes in if the border agent has even the tiniest suspicion that she is entering to get married.
Although her previous B1-B2 visas were renewed each year without an interview, this year she was called in and they asked her some questions. She mentioned that she was doing some work for me in China, and that she would be staying with me in the US. She also put me down as her financial guarantee in the US.
I understand the basics of dual intent, and would not want to compromise her ability to enter the country.
Of course no one can know for sure, but would be grateful for some experienced advice about this. What are her chances of being refused entry when she returns? (Her visa is valid for one year, so it would be on the same visa she arrived here on this summer.) Would it be better if she arrived on a different flight than me? Or even better if she arrived on a flight to another city rather than the one where we live?
Any suggestions or advice would be greatly appreciated. Thank you.
I have to agree with the attorney here...B1/B2s visa are not much of a gain to USCIS. The beneficiary is not paying any taxes while in US. So there is every possibility of rejection/denial at POE. Best would be getting married while in US..The attorney's would have much more control if COS was done from US. Most attorney's would not be of much help when consular processing is involved.
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overhere
07-18 08:28 AM
So it means I can apply in August as I am qualified to apply in July. How about my PD? Will it be August since I applied in August? For schedule A, the PD is the I-140 receipt date.
yes, i think so. your pd will definitely be august if you're going to file your 140 and 485 in august (before the 17th). don't forget to file ead (765) and ap (131) together with the 140 and 485.
yes, i think so. your pd will definitely be august if you're going to file your 140 and 485 in august (before the 17th). don't forget to file ead (765) and ap (131) together with the 140 and 485.
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hpandey
02-10 08:23 PM
The bigger problem is that your parents visa has already been rejected twice and that would be in their database. And that was when your parents were working. Now they are also retired which also adds another complication since the visa officers look to see if the people who a asking for a visitors visa have anything left in India to come back to ( like real estate , good bank balances , jobs , family etc )
I don't think it matters much if you are sponsering them or they are paying for it themselves.. its the twice visa denial in past that might be the key.
I don't think it matters much if you are sponsering them or they are paying for it themselves.. its the twice visa denial in past that might be the key.
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shreekhand
08-05 10:29 AM
True. I had the same question at a one point but got a verbal reply from CBP that since the I-94 has the same number with a new expiry date (the one given on the I-797), you are safe in the records.
Frankly, I never understodd why they can't put the valid until on the I-797's I-94. If you are asked to show your proof of legal stay, you would also need to carry your I-797 everytime now !
Thanks for the reply.
The printed I-797 bottom left is for employee's records and the right part is the equivalent of the I-94. The officer did not put a seal with the expiry date (normally they put a seal on I-94 mentioning the visa type and expiry date) on the right part. If I am surrendering this part while leaving the country,how can they determine if I overstayed my I-94 date or not since there is no expiry date on the bottom right part.
Frankly, I never understodd why they can't put the valid until on the I-797's I-94. If you are asked to show your proof of legal stay, you would also need to carry your I-797 everytime now !
Thanks for the reply.
The printed I-797 bottom left is for employee's records and the right part is the equivalent of the I-94. The officer did not put a seal with the expiry date (normally they put a seal on I-94 mentioning the visa type and expiry date) on the right part. If I am surrendering this part while leaving the country,how can they determine if I overstayed my I-94 date or not since there is no expiry date on the bottom right part.
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cooler
07-07 01:43 PM
Bump.
I am in the same situation. Any insight from the original owner or others would be appreciated
I am in the same situation. Any insight from the original owner or others would be appreciated
ns007
01-04 09:37 AM
1. If you are paying for the GC process, then fire your attorney and get a new one who knows how to port the priority dates.
2. If employer is paying for it, ask them that you would pay for the second I-140.
3. If employer does not agree on either of the choices listed above:
a. File for EB3 I-140
b. Join a new employer and file a new EB2 labor and port your EB3 priority date.
They can't do that they are asking to make a choice .Per them porting eb3 priority date is not possible. I am not sure what are legal issues involved in porting the priority date. I am asked to make a choice either EB3 04 OR eb2 06.
2. If employer is paying for it, ask them that you would pay for the second I-140.
3. If employer does not agree on either of the choices listed above:
a. File for EB3 I-140
b. Join a new employer and file a new EB2 labor and port your EB3 priority date.
They can't do that they are asking to make a choice .Per them porting eb3 priority date is not possible. I am not sure what are legal issues involved in porting the priority date. I am asked to make a choice either EB3 04 OR eb2 06.
sanjeev.mehra@gmail.com
08-06 12:21 PM
i would say apply for the Eb2. I am on Eb3 right now and i will plan to apply for eb2 after Dec 2008.
I have 3 years degree (15 year education). I am not sure if I can file on EB2.
You have filed on EB3 & planning to file on EB2; could you please share the logic for this & why are you waiting end of 2008, please share the reason, so if needed I can also plan something like you.
Thanks,
Sanjeev
I have 3 years degree (15 year education). I am not sure if I can file on EB2.
You have filed on EB3 & planning to file on EB2; could you please share the logic for this & why are you waiting end of 2008, please share the reason, so if needed I can also plan something like you.
Thanks,
Sanjeev
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