четверг, 9 июня 2011 г.

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  • frostrated
    08-10 12:00 PM
    A person holding H-4 can attend college in the U.S. In fact, some colleges offer in-state tuition for H-4 students. Check Brooklyn College for instance. INA does not specifically disallow from attending college of H-4 nor H-1 and colleges are aware of this. So if your wife is doing this only because she would like to pursue degree, I would suggest she explores the options and if possible remains on H-4, which is a dual intent status.

    Best Wishes,

    true, but she will not be able to work while on H4. She will also not be able to apply for any internships or work on campus.




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  • bondgoli007
    07-14 04:39 PM
    I was audited on 6/09 and Fragommenr responded on 6/30...No response so far and I have emailed my Fragommen paralegal the following questions;

    1. Typically how long does DOL take to respond to an Audit?
    2. What kind of response can I expect? Will it be an approval or a further Audit?
    3. What % of cases get a further audit after a response is filed to an initial Audit?

    I will send out a response when I hear from him.

    Side question: Is my Priority date the date when PERM was applied or the date the PERM will be approved?

    Thanks.




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  • ufo2002
    09-05 06:12 PM
    Dems getting the house and improve our situation? Doubt it.
    Does anyone remember what Ted Kennedy said about us legal migrants?
    He said we don't have the same issues with the illegals regarding coming into
    this country.
    And what about Diane Feinstein? She's pro-agriculture and anti-IT.

    Remember: Republicans are a party with bad ideas, Dems are a party with no ideas.
    Reps: "We got a really bad idea!"
    Dems: "We can make it sh*ttier!"




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  • gc_on_demand
    06-22 10:09 AM
    I think OP is correct as CIR will not pass this year. Remember Mr bush took advantage 8 years ago and won election. Even he may knew that it will not pass. Same way Raid may know that it may not pass but what is wrong to take advantage of pushing CIR. Even if it doesnot pass or introduced he may win because Hispanic will think if he wins he may bring CIR for sure.

    Now in near future Mr President does not have any benefit of CIR unless he runs for next term. So for him delayed CIR is good. till 2011. So it may be win-win for both. Raid will make a vocal for it now and will win election and OBAMA will keep silence and make attempt in 2011. If passes or not he may win election again.

    Only catch is if hispanic people think that Replicans didnot help them and now dems not going to help again so they may not give vote to Dems as punishment and that may hurt.



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  • laksmi
    12-03 08:02 PM
    I am also in same boat, I was gathering information on the same and found different solutions.

    1)To be on safer side you can transfer H1B and also invoke AC21 to the new employer, if the new employer is willing to support,
    2)If H1B is not revoked by the old employer then Yes , you can work on EAD or H1B for the same old employer
    3) since I140 is approved for more then 6 months, you are safe, he may not have options to revoke I140.
    4)If you have validity of H1B stamping on your passport then no need of using AP as well to go in and out of country, even after using EAD.

    please advice on the same, good questions synergy.




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  • arunmohan
    11-14 03:51 PM
    Thank you roseball. What is H1 COE?



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  • priderock
    06-16 01:59 PM
    Once you file for 485/AP/EAD, I guess the rule is that you cannot switch jobs for 6 months.....

    1. can we choose the start date of our EAD or does USCIS decide that date?

    2. can you have separate start dates for you and your wife's EAD?

    3. does the new job have to be exactly the same title or can it be a new title? e.g. if your current role is a software engineer, can the new one be a Project manager?

    thanks

    1) You can stay in your H1 status (assuming you are currently on H1) even after applying and getting your EAD. You can decide when to use your EAD.

    2) Your wife can start using EAD even though you are still on H1.

    3) You can use AC21 provision and change to a different company provided:

    a) Your I140 is approved
    b) Your I485 is pending for at least 180 days
    and
    c) The new job is significantly similar to the existing job. Must be doing at least about 60% same tasks. (Ex : Developer to a Tech Lead or an architect). Developer to Project Manager , I doubt.

    Note: I am not a lawyer , seek legal help in doubt.




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  • Sandeep
    05-22 07:30 PM
    US Congress warned on green card backlog

    http://msnbc.msn.com/id/12919954/



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  • ita
    10-25 04:42 PM
    Online status says 'we received your application on Oct 2....'
    My receipt notice show the right date in August.
    I don't know why the online status says OCt.

    Should I do somethng about it or just ignore?




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  • BharatPremi
    10-10 12:10 PM
    Q: �You are a citizen of India. You came in USA on H1B visa in year 2000.
    Your employer filed your Green Card under EB3 � NON RIR category. Down
    the road your company filed the Green Card for your Pakistani colleague
    in year 2005 and in year 2006 November you came to know that your
    Pakistani colleague became permanent resident as his GC application
    approved. Upon hearing this news you get frustrated. What do you think
    why your Green card is not yet approved? What could be the reasons
    behind this long delay?

    A: Sorry to hear that your ancestors did not migrate to Pakistan in 1947. :)
    For that mistake what your ancestors did,USCIS is making you to pay the
    price for that as now you have decided to become permanent resident of
    USA.

    O.K. Humor asides.

    First reason:

    It could be discriminatory country based limit - USCIS has implemented country based quota for India, Philippines, Mexico and China and each of this country has cap 7 % of total EB based applications
    (Recommended top limit is 140000 visa applications worldwide).

    Second reason:

    In my opinion it could be as reported by various media that during first quarter of 2001 lot of unfair/ghost/bogus filing was done by many people under EB3and EB2 categories to take the advantage of AC21 law and so USCIS tightened the screws on processing method and make it a slow bleed strategy.

    Third reason:

    Somehow EB3 India category has to face heaviest retrogression historically from year 2001 to 2003 end and from start of 2005 with comparison to other EB categories for labor approval as well as for visa number allotment process.

    Fourth reason:

    USCIS's decision to convert existing labor process administration (which was of two fold: state level approval and region level approval) into centralized administration by creating backlog centers on the name of streamlining and faster conclusions. This decision could easily introduce at least average 6 to 7 months of delay and more sluggishness.

    Fifth reason:

    Pakistan being a part of "Rest of the world" your colleague did not have to face severe retrogressions as rest of the world category did not face the typical severe retrogressions like what EB3 China-India-Mexico had to face and as it is there are less applicants from rest of the world with comparison to China and India for EB categories, your colleague did not have to face lot of competetion and wait within his category.



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  • NIW
    08-31 12:24 PM
    Just Ignore him. He thinks foreign workers are cheap labor. My wife recently got Outstanding Resident physician award in a huge urban hospital where she competed with 100% bright and talented American MDs.

    Lou! I don't think we have any classes to improve IQ. Its genetic.




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  • willigetagc
    08-15 09:06 AM
    Hi,

    If I am working with X company & Y company is ready to file GC.
    (Assuming Y has no objections even if I do not join the company at all)
    Is it mandatory for the candidate to join company Y at certain stage which has file GC?
    I would appreciate your comments.

    Regards,
    Sanjeev.

    Yes and no. Yes it is mandatory by definition. No because there are ways around. You could go join a school to get higher education. You could ask Y to terminate your employment.

    Better still. AFter your GC is approved, get a letter from Y that "unfortunately the position is no longer available. You are most welcome to try for jobs in other areas". Then submit your resume and go for an interview or two, if called. Keep all records, emails. Then you are completely off the hook!!!



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  • manand24
    08-03 12:14 PM
    Why is it that people who have filed after me have already received their notice and had checks cashed? I thought it is based on when the application is received is how they process- I am freaking out thinking that my application fell behind a desk somewhere....

    Wonder what is going on at USCIS? A July 2nd filer with neither receipts nor cashed checks.




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  • hyderabad123
    01-04 01:51 PM
    Hi Chris,

    I expedite my petion by calling to customercare. I recieved a letter from USCIS, saying that, your file assigned to adjudicating office. Can you please share your experience and if you get any update please do share with me.

    Thanks in advance



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  • spicy_guy
    04-07 11:49 AM
    Tech firms warn of impacts of tight visa quota - MarketWatch (http://www.marketwatch.com/story/tech-firms-warn-of-impacts-of-tight-visa-quota-2011-04-07?siteid=rss&rss=1)




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  • jayz
    07-02 11:59 PM
    This is the only mode of silent protest. We need to act on it and everyone needs to send the same message...

    "ALLTHE BEST FOR FUTURE EB VISA ESTIMATES"

    Truly,
    A victim of revised July 07 visa bulletin



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  • axp817
    07-05 11:31 AM
    Can these 200 please contribute to the agenda laid out by IV, instead?

    thanks,




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  • devamanohar
    08-15 05:00 AM
    Is it necessary to file second time with I-140 reciept?
    What is the fee?
    Do you have new form I-485 and I-765 (EAD)?




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  • thirumalkn
    07-23 06:26 PM
    Hi all,

    I'm not sure if this has been already discussed before. I did a little bit of search, but couldn't find any relevant thread / posts in this issue on IV forums. Hence posting this question. If it is already discussed, thanks for providing the link.

    If a company is willing to promote a Green Card applicant, how long should they wait after filing for Adjustment of Status (I-485) ? Let's assume the promotion Job description would be including all the current responsibilities and in addition there will be some more managerial responsibilities.

    1. As soon as AOS (I-485) is filed.
    2. After getting the I-485 receipt.
    3. After the Finger Printing process (Biometric).
    4. After getting the EAD.
    5. After the 180 days mark (since the date of file) using AC21 portability.
    6. After the I-485 is approved.
    7. Only after getting the Green Card on hand.

    Please provide references if there are any clear legal / procedural documents explaining this online.




    fide_champ
    04-07 09:37 AM
    AC21 allows you to change jobs after 180 days of filing before getting your green card. I do not think that you can invoke AC 21 after you have got your GC.

    Greencard is usually for future employment. But with the EB immigration, the same employer who you work for applies for your greencard. With this AC21 law, they allow you to change jobs if your 485 is pending for more than 6 months which means that after you get your greencard INS don't expect you to be back working for the employer who applied for your greencard.

    Eventhough there is no fixed time period specified, if you work for 6 months they should not have any issues.




    boston_gc
    02-23 09:53 PM
    I am not sure if BS (3 yrs) + MCA is considered to be equivalent to MS or not. But if it is, then you can definitely file for EB2 (MS +0). However, your company will need to have a job that requires these qualifications.

    Also, I am not sure why you couldn't use the experience gained with your employer. If the job description is at least 50% different than your EB3 job, you can certainly use the experience gained at your current employer.

    I am also planning to file under EB2 using the experience gained with current employer. However, I have been concerned about possible audit. Nonetheless, when I asked the audit question (in a different thread), couple of folks shared their personal experience who had gotten approval (using experience gained at same employer) without any audit.

    Has anyone seen a case where someone got audited for using the experience gained with the same employer? I think this will be a useful information for several others as well...



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