manderson
11-09 08:57 AM
unless you are a European on EB3.
My lawyer told me the backlog is 400K. As an European, I am expecting to wait between 2 to 3 years for my GC. Anything sooner would be a nice surprise!
My lawyer told me the backlog is 400K. As an European, I am expecting to wait between 2 to 3 years for my GC. Anything sooner would be a nice surprise!
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amsgc
04-02 08:47 PM
I agree, if you have applied for I-485, F1 is not a good idea. I wasn't aware of the OP's GC situation.
Editing post: It seems that the OP applied for I-140 late last year, and the country of chargeability is India (public profile). So, in this case, F1 is probably a better bet.
All other points are on the dot!
Only F1 being better than h4 is really depending on one's situation..
F1 is Non-Immigrant intent status.. meaning, if you apply for 140, or even have LC applied and USCIS finds out.. you can forget abt getting visa..
Secondly, F1 has become much restrictive since implementation of SEVIS.
H4 on the other hand is duel intent
Major advantages of F1 would be
1. Possible on-campus 20hr work authorization and later OPT authorization.
2 Chances of getting assistanceship.
So it's not black and white..
and if you've applied for 485.. F1 is really definitely not the way to go..
Editing post: It seems that the OP applied for I-140 late last year, and the country of chargeability is India (public profile). So, in this case, F1 is probably a better bet.
All other points are on the dot!
Only F1 being better than h4 is really depending on one's situation..
F1 is Non-Immigrant intent status.. meaning, if you apply for 140, or even have LC applied and USCIS finds out.. you can forget abt getting visa..
Secondly, F1 has become much restrictive since implementation of SEVIS.
H4 on the other hand is duel intent
Major advantages of F1 would be
1. Possible on-campus 20hr work authorization and later OPT authorization.
2 Chances of getting assistanceship.
So it's not black and white..
and if you've applied for 485.. F1 is really definitely not the way to go..
Dhundhun
09-02 08:47 PM
Folks,
Due to the priority data transfer issue my I-485 application was rejected in June'08 (submitted based on June'08 visa bulletin).
As part of my application necessary medical exam tests were conducted in May'08. If I were to submit my application today based on the new visa bulletin do you think I need to take all medical exams again and re-submit? Won't the first set of medical exams have any validity?
Also, on the forums there is a talk about medical forms being changed? Can anyone confirm?
Thanks in advance for all your responses.
As I remember, the validity is one year.
Due to the priority data transfer issue my I-485 application was rejected in June'08 (submitted based on June'08 visa bulletin).
As part of my application necessary medical exam tests were conducted in May'08. If I were to submit my application today based on the new visa bulletin do you think I need to take all medical exams again and re-submit? Won't the first set of medical exams have any validity?
Also, on the forums there is a talk about medical forms being changed? Can anyone confirm?
Thanks in advance for all your responses.
As I remember, the validity is one year.
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pathiren
07-21 03:16 PM
Guys this is not a post to project your problems. This is the post to build up support and encourage immigration voice to plan a campaign to address current backlogs and future backlogs which will sent in after August. Please build up support instead of asking questions. It is almost obvious the situation is not gonna improve in october, but it will go worse!!!
Cheers and keep on building support!!
Cheers and keep on building support!!
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eb3_nepa
08-25 12:54 PM
I work for Company A, applied i-485 and both got EAD & AP.She is the dependent.
My Wife works for Company B which sponsored her H1.
So, I guess she cannot continue to work on H1(company B) upon returning using AP(got as my dependent thru Company A) !!!?? am I correct?
As per my laywer, you should be able to work for an H1B and still re-enter using an AP. However for questions like these it is best to consult a GOOD attorney.
My Wife works for Company B which sponsored her H1.
So, I guess she cannot continue to work on H1(company B) upon returning using AP(got as my dependent thru Company A) !!!?? am I correct?
As per my laywer, you should be able to work for an H1B and still re-enter using an AP. However for questions like these it is best to consult a GOOD attorney.
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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darsh678
12-26 03:17 PM
No you cant do that. One should not leave country when 485 pending. Once you laid off from sponsor you can not do counsural processing also. Travelling in AP should be for a mimimum period. It will be big mistake, if you leave country without job offer. No one knows when they issue RFE for employment verification during your 485 pending period. If you do not have job when they issue RFE, thats it. Bottomline is, it is better to be employed during 485 pending and stay in the country to reply any RFE.
Can we take vacation for 2 months when we have pending 485 and 140 approved for more than six months. I had applied for 485 and 140 when i was on h4 but have now lost that status...
I plan to be under new employer with the same job description while going on for vacation and returning back on AP.
Please clearify...
Can we take vacation for 2 months when we have pending 485 and 140 approved for more than six months. I had applied for 485 and 140 when i was on h4 but have now lost that status...
I plan to be under new employer with the same job description while going on for vacation and returning back on AP.
Please clearify...
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ebizash
09-28 10:38 AM
On a side note, what do you guys suggest to use for trading for someone like me who does it occasionally and very low volume both in terms of quantity and $. Currently I use share builder... is there anything cheaper and better than this.
Try Zecco. I was also using ShareBuilder but some of their fees are ridiculous like charging % on total trade if no. of stocks traded in an order is more than 1000. On the other hand, Zecco charges flat $4.50 no matter how big the trade is.
PM me if you need more info about Zecco.
Try Zecco. I was also using ShareBuilder but some of their fees are ridiculous like charging % on total trade if no. of stocks traded in an order is more than 1000. On the other hand, Zecco charges flat $4.50 no matter how big the trade is.
PM me if you need more info about Zecco.
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andy garcia
08-23 02:57 PM
How many visas are there for India in a year in EB3, EB2 and EB1?
YEAR **** EB1 ****** EB2 ****** EB3 **** Total(EB)
2000 *** 2,306 ***** 7,233 ***** 5,360 *** 15,381
2001 *** 3,543 **** 21,355 **** 16,405 *** 41,720
2002 *** 2,820 **** 21,310 **** 17,428 *** 41,919
2003 *** 1,266 ***** 8,536 ****10,680 *** 20,818 :confused:
2004 *** 2,998 **** 16,262 **** 19,962 *** 39,496
2005 *** 6,336 **** 16,687 **** 23,399 *** 47,160 :)
These figures are from this link
http://travel.state.gov/visa/frvi/statistics/statistics_1476.html
YEAR **** EB1 ****** EB2 ****** EB3 **** Total(EB)
2000 *** 2,306 ***** 7,233 ***** 5,360 *** 15,381
2001 *** 3,543 **** 21,355 **** 16,405 *** 41,720
2002 *** 2,820 **** 21,310 **** 17,428 *** 41,919
2003 *** 1,266 ***** 8,536 ****10,680 *** 20,818 :confused:
2004 *** 2,998 **** 16,262 **** 19,962 *** 39,496
2005 *** 6,336 **** 16,687 **** 23,399 *** 47,160 :)
These figures are from this link
http://travel.state.gov/visa/frvi/statistics/statistics_1476.html
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h1techSlave
06-25 04:52 PM
jobs, which require unskilled labor (walmart jobs, starbucks jobs, farm jobs, janitorial work - all are examples) should be paid a living wage. Which means, if a person works for 40 hours a week, he/she should be able to live with the salary.
I can throw in some numbers for Washington, DC area. For a family of 4.
Living wage: Accommodation ($800 apartment) + Food ($500 a month) + Vehicle, since most of America is not well served by public transportation ($400) + Entertainment, Communication, Clothes, Medicine etc ($500). Total = $2200 a month. Divide this by 160 hours a month and you will get $13.75.
So this is the minimum wage all jobs in Washington, DC area should be paying. Companies often get away with paying way below this amount. Then the society ends up paying the difference.
Congrads brother. You have posted one of the "most ridiculous and hillarious" posts ever!! Comparing Starbucks to picking strawberries??? Wow! why not compare strawberry picking to hollywood acting? Why is hollywood not employing ilegal aliens even when reportedly they need millions to produce a single movie? Tough questions eh?? or does it seem ilogical and crazy reasoning??
If you "pay enough" to the laborer, then who will pay for the produce at the walmart?? and how much is "pay enough" as per the current expectations?
I can throw in some numbers for Washington, DC area. For a family of 4.
Living wage: Accommodation ($800 apartment) + Food ($500 a month) + Vehicle, since most of America is not well served by public transportation ($400) + Entertainment, Communication, Clothes, Medicine etc ($500). Total = $2200 a month. Divide this by 160 hours a month and you will get $13.75.
So this is the minimum wage all jobs in Washington, DC area should be paying. Companies often get away with paying way below this amount. Then the society ends up paying the difference.
Congrads brother. You have posted one of the "most ridiculous and hillarious" posts ever!! Comparing Starbucks to picking strawberries??? Wow! why not compare strawberry picking to hollywood acting? Why is hollywood not employing ilegal aliens even when reportedly they need millions to produce a single movie? Tough questions eh?? or does it seem ilogical and crazy reasoning??
If you "pay enough" to the laborer, then who will pay for the produce at the walmart?? and how much is "pay enough" as per the current expectations?
more...
capriol
12-02 11:32 AM
hey dude I hv an appointment on 10 dec as well in Mumbai! Its 10 am. However I wont be able to share acco with you as I will be coming from somewhere else.
Anyway, just finished sorting up all the docs. Good luck to you too. :)
Dear Friend:
I will also be going to the Kolkata Consulate to get my H1B stamped in May 2008 (HIB expires Aug 2008). Since getting an appointment at the US Consulate requires a prior payment of visa fees at a Consulate designated bank, I would apprecitae if you would let me know how this process works: I.e: (1) How to pay the visa application fee and the visa issuance fee at that bank; and (2) how to book an appointment at the Consulate at Kolkata. Thanks again.
Anyway, just finished sorting up all the docs. Good luck to you too. :)
Dear Friend:
I will also be going to the Kolkata Consulate to get my H1B stamped in May 2008 (HIB expires Aug 2008). Since getting an appointment at the US Consulate requires a prior payment of visa fees at a Consulate designated bank, I would apprecitae if you would let me know how this process works: I.e: (1) How to pay the visa application fee and the visa issuance fee at that bank; and (2) how to book an appointment at the Consulate at Kolkata. Thanks again.
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gc_dream07
08-05 06:30 AM
I am in similar situation.
I have AP valid till Oct 3rd, 2010. My new AP application is with USCIS and have not received the approval. I will be traveling to Canada on August 15th for one week. I am planning to return on current AP. My question is: if my new AP gets approved when I am in Canada, will that cause any issue in my I-485 or re-entry to US.
i was in same situation. couldn't get new AP in time. went for stamping in India.
my attorney's advise was, u can't use the new AP, if u weren't here in US when it was approved. but after u come back using old valid AP or H stamp, u can use the new AP, for travel next time.
if u read 131 instructions, it talks about abandoning app.
basically, if u have no other status like H status, if u are using EAD for work and AP for travel,
and if u leave US before approval of AP, ur 485 considered abandoned.
Ref:
http://www.uscis.gov/files/form/i-131instr.pdf
Page 4, Section E.
I have AP valid till Oct 3rd, 2010. My new AP application is with USCIS and have not received the approval. I will be traveling to Canada on August 15th for one week. I am planning to return on current AP. My question is: if my new AP gets approved when I am in Canada, will that cause any issue in my I-485 or re-entry to US.
i was in same situation. couldn't get new AP in time. went for stamping in India.
my attorney's advise was, u can't use the new AP, if u weren't here in US when it was approved. but after u come back using old valid AP or H stamp, u can use the new AP, for travel next time.
if u read 131 instructions, it talks about abandoning app.
basically, if u have no other status like H status, if u are using EAD for work and AP for travel,
and if u leave US before approval of AP, ur 485 considered abandoned.
Ref:
http://www.uscis.gov/files/form/i-131instr.pdf
Page 4, Section E.
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maine_gc
04-20 02:00 PM
I-94 also does not have the date written
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AK01
03-26 10:48 PM
Don't listen to those who would tell you that you need 5 years after your degree was awarded. TALK TO A FREAKING LAWYER.
Simply untrue.. The magic word is: progressive, progressive, progressive...
From horse's mouth:
http://www.immigrationlinks.com/news/news215.htm
(see example from the above link below). If you file EB-2 without MS and your 5-years of experience is not post Bachelor's (or the underlying job doesn't require 5-years of post Bachelor's experience), your I-140 will be denied. If you file it, and it doesn't get denied, then the adjudicator made a mistake and consider yourself lucky.
EB-2 is Masters or BS + 5 years of progressive experience. Both for job requirement and alien qualification.
From the link:
The following are examples of actual statements contained at blocks 14 and 15 of the ETA-750. They are by no means exhaustive. Their inclusion here is intended to simply illustrate concepts discussed in this memorandum.
Position 1: Staff Software Engineer
ETA 750 Item 14:
Education - B.S. (or foreign equiv.) comp. science, elec. eng., or related field.
Experience - 5 years job offered or 5 years related occupation software engineer.
ETA 750 Item 15:
Exp. must include: design & development of major software subsystems; RDBMS internals; operating system internals; complex systems software design; symmetric multiprocessing and large scale network systems.
It is unclear whether this job requires 5 years of experience following receipt of the baccalaureate. For this reason, the adjudicator should request that the petitioner provide a supplemental statement clarifying whether the position requires five years of post-baccalaureate experience that is truly progressive in nature. If the supplemental statement establishes that the minimum qualifications for the position require a member of the professions holding an advanced degree and, assuming the beneficiary possesses these qualifications, the petition should be approved.
Simply untrue.. The magic word is: progressive, progressive, progressive...
From horse's mouth:
http://www.immigrationlinks.com/news/news215.htm
(see example from the above link below). If you file EB-2 without MS and your 5-years of experience is not post Bachelor's (or the underlying job doesn't require 5-years of post Bachelor's experience), your I-140 will be denied. If you file it, and it doesn't get denied, then the adjudicator made a mistake and consider yourself lucky.
EB-2 is Masters or BS + 5 years of progressive experience. Both for job requirement and alien qualification.
From the link:
The following are examples of actual statements contained at blocks 14 and 15 of the ETA-750. They are by no means exhaustive. Their inclusion here is intended to simply illustrate concepts discussed in this memorandum.
Position 1: Staff Software Engineer
ETA 750 Item 14:
Education - B.S. (or foreign equiv.) comp. science, elec. eng., or related field.
Experience - 5 years job offered or 5 years related occupation software engineer.
ETA 750 Item 15:
Exp. must include: design & development of major software subsystems; RDBMS internals; operating system internals; complex systems software design; symmetric multiprocessing and large scale network systems.
It is unclear whether this job requires 5 years of experience following receipt of the baccalaureate. For this reason, the adjudicator should request that the petitioner provide a supplemental statement clarifying whether the position requires five years of post-baccalaureate experience that is truly progressive in nature. If the supplemental statement establishes that the minimum qualifications for the position require a member of the professions holding an advanced degree and, assuming the beneficiary possesses these qualifications, the petition should be approved.
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thomachan72
01-21 12:07 PM
I had a doctor's appointment today and my doc asked if I had read this article: Why Chinese Mothers Are Superior - WSJ.com (http://online.wsj.com/article/SB10001424052748704111504576059713528698754.html) and if I agreed with the author (coming from an asian/indian family)
What do you think?
I agree 101%:D:D
What do you think?
I agree 101%:D:D
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dehradoon
11-13 06:08 PM
ok. let's say I-140 approved and pass 180 days. the person is working using ac21 and ead with a new company. the person is travelling using AP , the old company withdraw I-140, will he be able to come back in the us ?
once the person is working for the new company can he send the offer letter to avoid problem with 485. kinda of preemption - proactive approach or does the person needs to wait until ins request?
Dude, you really need to use the search feature on this forum. after I140 is approved and 485 pending for 180 days, the I140 stays in effect even if the company tried to revoke it.
Once you invoke AC21, it is not required (although suggested) to send papers to USCIS. I have read that you should not do anything until you get an RFE which I think is the best way, This makes sure that your case is being properly handled if you are unlucky enough to get an RFE. Y would anyone what to raise a flag by sending in paperwork to USCIS indicating the use of AC21, I personally know atleast 15 friends who have done this with out telling USCIS and have received their GC's
So, The bottom line is if -
I140 approved and 485 pending for more than 180.
START LIVING YOUR DREAM, DO WHAT YOU WANT TO DO. CHANGE YOUR JOB, GET A RAISE, OPEN A COMPANY, BUY A HOUSE .... WHATEVER, DON'T GET MARRIED - SHOULD HAVE DONE THAT WHILE YOU WERE ON H1
THE AC21 IS A LAW - USE IT, YOU DO NOT HAVE TO TELL ANYONE ABOUT USING A LAW UNLESS YOU HAVE TO JUSTIFY YOUR SITUATION IN FRONT OF AN AGENCY THAT REQUIRES YOU BY LAW TO PROVE IT.
OH! AND AS FAR AS TRAVEL IS CONCERNED, JUST HAVE THE DOCS IN HAND AND NOTHING ELSE MATTERS (don't commit a crime though, or be drunk in front of the immigration officer). LOL
once the person is working for the new company can he send the offer letter to avoid problem with 485. kinda of preemption - proactive approach or does the person needs to wait until ins request?
Dude, you really need to use the search feature on this forum. after I140 is approved and 485 pending for 180 days, the I140 stays in effect even if the company tried to revoke it.
Once you invoke AC21, it is not required (although suggested) to send papers to USCIS. I have read that you should not do anything until you get an RFE which I think is the best way, This makes sure that your case is being properly handled if you are unlucky enough to get an RFE. Y would anyone what to raise a flag by sending in paperwork to USCIS indicating the use of AC21, I personally know atleast 15 friends who have done this with out telling USCIS and have received their GC's
So, The bottom line is if -
I140 approved and 485 pending for more than 180.
START LIVING YOUR DREAM, DO WHAT YOU WANT TO DO. CHANGE YOUR JOB, GET A RAISE, OPEN A COMPANY, BUY A HOUSE .... WHATEVER, DON'T GET MARRIED - SHOULD HAVE DONE THAT WHILE YOU WERE ON H1
THE AC21 IS A LAW - USE IT, YOU DO NOT HAVE TO TELL ANYONE ABOUT USING A LAW UNLESS YOU HAVE TO JUSTIFY YOUR SITUATION IN FRONT OF AN AGENCY THAT REQUIRES YOU BY LAW TO PROVE IT.
OH! AND AS FAR AS TRAVEL IS CONCERNED, JUST HAVE THE DOCS IN HAND AND NOTHING ELSE MATTERS (don't commit a crime though, or be drunk in front of the immigration officer). LOL
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qwert_47
09-27 12:41 PM
^^^^^^^ bump
Appreciate any advice...thanks
Appreciate any advice...thanks
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badluck
06-22 09:41 AM
TB test should be positive or nigative. does it make any different in immigration
any responce
any responce
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santb1975
02-14 05:12 PM
and we can.
Great to see this thread... gotta keep it on top!
TOGETHER, WE SHALL BRING HOME THE TROPHY!
Great to see this thread... gotta keep it on top!
TOGETHER, WE SHALL BRING HOME THE TROPHY!
GCNirvana007
04-08 04:50 PM
Also, did you know we have some action items? and did you notice some people donate time and money?
Winner - Thanks for the recommendation. You should have stopped right there. I ask questions to understand how it functions and whats going on. If you dont know the answer. Just be quiet. Stop making smartass comments. I dont have time go back and forth on it.
Winner - Thanks for the recommendation. You should have stopped right there. I ask questions to understand how it functions and whats going on. If you dont know the answer. Just be quiet. Stop making smartass comments. I dont have time go back and forth on it.
prem_goel
03-08 09:57 AM
Hello Ann,
Thanks for your prompt reply. The situation it seems is more precarious than I thought. She's carrying the official letter from her company that describes her B-1 duties (like requirement gathering, project transition, business meetings etc).
Would you suggest any other measure? I want to make sure she's not denied entry. It'll be terrible if anything of that sort happens especially with no fault of hers.
If she's denied entry, who'll be responsible for sending her back to India? Will CBP make arrangements? Will she be bar entry to US again?
Hi Prem,
Your sister will certainly be subject to greater scrutiny if she returns immediately to the US after an extended stay. Whether she is is ultimately admitted to the US or denied admission and sent back home really depends on several factors. First, can your sister persuasively demonstrate that she has strong ties to her home in India, to which she intends to return at the conclusion of her business trip? Next, can she document that she will be engaged in permissible B-1 activities of limited duration? And finally, on what side of the bed did the CBE officer wake up?
Thanks for your prompt reply. The situation it seems is more precarious than I thought. She's carrying the official letter from her company that describes her B-1 duties (like requirement gathering, project transition, business meetings etc).
Would you suggest any other measure? I want to make sure she's not denied entry. It'll be terrible if anything of that sort happens especially with no fault of hers.
If she's denied entry, who'll be responsible for sending her back to India? Will CBP make arrangements? Will she be bar entry to US again?
Hi Prem,
Your sister will certainly be subject to greater scrutiny if she returns immediately to the US after an extended stay. Whether she is is ultimately admitted to the US or denied admission and sent back home really depends on several factors. First, can your sister persuasively demonstrate that she has strong ties to her home in India, to which she intends to return at the conclusion of her business trip? Next, can she document that she will be engaged in permissible B-1 activities of limited duration? And finally, on what side of the bed did the CBE officer wake up?
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