sameet
09-15 12:20 PM
Lets get statistics on numbers on pending I-485 application for EB2-India by year of PD.
My PD is Aug 06 .. post yours :-)
Can we start one for EB3 - India too?
My PD is Aug 06 .. post yours :-)
Can we start one for EB3 - India too?
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kondur_007
02-23 08:37 PM
I have applied for renewal of H1b and H4 by premium processing on 10-Jan-2010 based on pending green card. I got an RFE for my H1b for which my employer replied on 10-Feb-2010. My H1b got approved where as my wifes H4 got rejected on 22-Feb-2010. Still waiting for denial letter from USCIS. My wifes I-94 got expired on 11-Feb-2010. So is she out of status since 11-Feb-2010. What are my options. Is it better to re-open (MTR) case or go to india and re apply for H4. how is this out of status going to affect her chances of getting renewd in India or her green card application. Any other ideas. Please help.
First a correction: your wife is not "out of status from Feb 11", but actually she is supposed to leave once the denial came on Feb 22. (she was fine between feb 11 and feb 22 as her extension was pending).
She starts to accure illegal presence starting from Feb 22.
Best option for her would be to go back, get a new H4 stap based on your approved H1 and come back; I can not see any problem with that (as far as I can see). Now risk with this entirely depends on the grounds of the denial of her H4 (but if it was denied for some minor reason or by mistake, I dont see any problem at all). This is the best way to solve this and also to make sure GC process is not affected.
Good Luck.
ps: I am not a lawyer. Follow your lawyer's advise.
First a correction: your wife is not "out of status from Feb 11", but actually she is supposed to leave once the denial came on Feb 22. (she was fine between feb 11 and feb 22 as her extension was pending).
She starts to accure illegal presence starting from Feb 22.
Best option for her would be to go back, get a new H4 stap based on your approved H1 and come back; I can not see any problem with that (as far as I can see). Now risk with this entirely depends on the grounds of the denial of her H4 (but if it was denied for some minor reason or by mistake, I dont see any problem at all). This is the best way to solve this and also to make sure GC process is not affected.
Good Luck.
ps: I am not a lawyer. Follow your lawyer's advise.
fastergcwanted
07-26 09:13 AM
My attorney tells me they don't give employees copies of labor applications.
Is this normal? Would I need it in future - if I switch jobs 180 days after 485 etc?
Same thing with me. Lawyer does not release copies of Certified LC or I-140 approval.
From what I understand that should not cause issues with AC21; however I would feel much better having these copies in my hand just in case....my 2 cents...of course ask attorney before making any moves...
Is this normal? Would I need it in future - if I switch jobs 180 days after 485 etc?
Same thing with me. Lawyer does not release copies of Certified LC or I-140 approval.
From what I understand that should not cause issues with AC21; however I would feel much better having these copies in my hand just in case....my 2 cents...of course ask attorney before making any moves...
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JunRN
07-18 08:59 AM
I was thinking about that as well...but I have minor problems that might not be solved within July so it better for me to apply in August.
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Shams
10-24 03:06 PM
BTW my case was received by NSC on 8/15, and so was my wife's. Her EAD card status still says "Case received and Pending".
santb1975
05-17 11:00 PM
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Shailesh76
12-09 10:34 AM
Here is my letter with names out:
Dear Senator,
My name is -------, and I am a highly skilled technology consulting professional from India. I came to the U.S. back in 2000 on employment and since then, I have made an excellent contribution to all the employers that I have worked for. My current work involves consulting in Public Sector for a State Police Agency. I am involved in developing an information system that will increase officer safety, and boost crime prevention and control.
However, I feel that my human rights are being violated.
My wife, --------, is a CPA - a highly qualified and accomplished individual. She cleared the NASBA CPA exam with flying colors in first attempt.
However, she feels her human rights are being violated.
This is so due to an issue called Employer Based Green Card Retrogression.
In these years, we have earned top notch dollars, paid taxes, made charitable contributions, visited numerous craft fairs and bought American products, and participated in the cultural diversity of this country. Highly skilled and accomplished as we are, we don't have a life.
We don't have a life, because we don't have security and peace of mind. We don't have peace of mind because after toiling for more than six years, we are still temporary workers. We don't have a green card yet.
Because we don't have a green card, life has come to a hold. Here's how.
For the longest time we didn't participate in my employer's 401 K plan because we weren't sure if we will get our green card and become permanent residents and hence be able to enjoy fruit of our labor after retirement. I didn�t buy life insurance, or make long term investments for the same reason - unless we get a green card it seems like we are living in an exotic refugee camp. We haven't bought a home because our H1Bs have always been tied to a particular employer, and there is always this chance where if for some reason one of us loses our job, then we will not be able to afford the mortgage and may also have to leave the country in a matter of days, leaving no time for us to sell the house.
Senator, where is my American Dream? Why has America created a temporary workers' program which is completely unfavorable to the worker's quality of life and long term welfare?
My wife's H1B visa is expiring this February 2007, and since her green card was not filed and mine has no chances of showing up in that time, she will have to quit her job and sit at home - almost under house arrest. I can't even imagine what it would do the morale and self-confidence of a dignified woman who has earned her living through her hard work all these years.
Senator, we are in a crisis.
EB Green Card backlogs have resulted for individuals coming from high-demand countries, even when the overall cap has not been reached and regardless of the fact that these high-demand countries are often the only source of individuals capable of filling high-skilled jobs. Those caught in the backlog are forced to spend up to seven years waiting, unable to become true stakeholders in this country, putting their lives on hold in the hopes that a green card will eventually become available to them. Not surprisingly, these talented professionals often tire of waiting and leave the U.S. to put their knowledge and skills to use in other countries eager to compete with and surpass the U.S.
But this need not be the case.
By passing legislation that provides H-1B and EB green card backlog relief, you will be showing your support for enabling the best and brightest from around the globe to contribute their skills and knowledge to the U.S. economy, which is good for American workers, American businesses, and the country�s long-term economic health.
I request your support for the High-Skilled Immigrant Interim Relief Act of 2006 bill introduced in the Senate by Senator Cornyn. This bill provides relief to legal high-skilled immigrants waiting patiently for their permanent residency and gives required impetus to innovation and competitiveness in the U.S. A similar bill popularly known as the Securing Knowledge, Innovation and Leadership (SKIL) bill was introduced in the Senate by Senator Cornyn and co-sponsored by Senators Allard, Allen, Bennett, Enzi, Hutchison and Lott. This bill has also been introduced in the House by Rep. Shadegg and co-sponsored by Reps. Conaway, Doolittle, Flake, Hoekstra, McCaul, Pence, Shimkus and Tiahrt.
I am a member of Immigration Voice, a national grassroots organization of legal high-skilled immigrants. Our organization is committed to helping the United States maintain economic competitiveness by retaining the world's best and brightest talent in the United States.
My family and about 500,000 others are in urgent need of your action in this matter.
Dear Senator,
My name is -------, and I am a highly skilled technology consulting professional from India. I came to the U.S. back in 2000 on employment and since then, I have made an excellent contribution to all the employers that I have worked for. My current work involves consulting in Public Sector for a State Police Agency. I am involved in developing an information system that will increase officer safety, and boost crime prevention and control.
However, I feel that my human rights are being violated.
My wife, --------, is a CPA - a highly qualified and accomplished individual. She cleared the NASBA CPA exam with flying colors in first attempt.
However, she feels her human rights are being violated.
This is so due to an issue called Employer Based Green Card Retrogression.
In these years, we have earned top notch dollars, paid taxes, made charitable contributions, visited numerous craft fairs and bought American products, and participated in the cultural diversity of this country. Highly skilled and accomplished as we are, we don't have a life.
We don't have a life, because we don't have security and peace of mind. We don't have peace of mind because after toiling for more than six years, we are still temporary workers. We don't have a green card yet.
Because we don't have a green card, life has come to a hold. Here's how.
For the longest time we didn't participate in my employer's 401 K plan because we weren't sure if we will get our green card and become permanent residents and hence be able to enjoy fruit of our labor after retirement. I didn�t buy life insurance, or make long term investments for the same reason - unless we get a green card it seems like we are living in an exotic refugee camp. We haven't bought a home because our H1Bs have always been tied to a particular employer, and there is always this chance where if for some reason one of us loses our job, then we will not be able to afford the mortgage and may also have to leave the country in a matter of days, leaving no time for us to sell the house.
Senator, where is my American Dream? Why has America created a temporary workers' program which is completely unfavorable to the worker's quality of life and long term welfare?
My wife's H1B visa is expiring this February 2007, and since her green card was not filed and mine has no chances of showing up in that time, she will have to quit her job and sit at home - almost under house arrest. I can't even imagine what it would do the morale and self-confidence of a dignified woman who has earned her living through her hard work all these years.
Senator, we are in a crisis.
EB Green Card backlogs have resulted for individuals coming from high-demand countries, even when the overall cap has not been reached and regardless of the fact that these high-demand countries are often the only source of individuals capable of filling high-skilled jobs. Those caught in the backlog are forced to spend up to seven years waiting, unable to become true stakeholders in this country, putting their lives on hold in the hopes that a green card will eventually become available to them. Not surprisingly, these talented professionals often tire of waiting and leave the U.S. to put their knowledge and skills to use in other countries eager to compete with and surpass the U.S.
But this need not be the case.
By passing legislation that provides H-1B and EB green card backlog relief, you will be showing your support for enabling the best and brightest from around the globe to contribute their skills and knowledge to the U.S. economy, which is good for American workers, American businesses, and the country�s long-term economic health.
I request your support for the High-Skilled Immigrant Interim Relief Act of 2006 bill introduced in the Senate by Senator Cornyn. This bill provides relief to legal high-skilled immigrants waiting patiently for their permanent residency and gives required impetus to innovation and competitiveness in the U.S. A similar bill popularly known as the Securing Knowledge, Innovation and Leadership (SKIL) bill was introduced in the Senate by Senator Cornyn and co-sponsored by Senators Allard, Allen, Bennett, Enzi, Hutchison and Lott. This bill has also been introduced in the House by Rep. Shadegg and co-sponsored by Reps. Conaway, Doolittle, Flake, Hoekstra, McCaul, Pence, Shimkus and Tiahrt.
I am a member of Immigration Voice, a national grassroots organization of legal high-skilled immigrants. Our organization is committed to helping the United States maintain economic competitiveness by retaining the world's best and brightest talent in the United States.
My family and about 500,000 others are in urgent need of your action in this matter.
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freedom1
01-24 12:37 PM
I turned out to be my I-485 approval notice!
I just received it yesterday.
Thanks all.
Freedom1.
I just received it yesterday.
Thanks all.
Freedom1.
more...
gveerab
10-21 12:39 AM
Companies can pay employees expenses when they ask the employee to work in different place and employee has to travel. As long as that expense doesn't show up in your pay stub you are good.
I am working on H1B. Recently what has happened that my family lives in state A, and I am working in state B. My family could not move to state B because my sone is going to school. I have to pay alot of expenses to go back and fort from state B to A, like air ticket and cab ect. I talking to my compnay regarding this and they said that whatever are my expenses submit to every month end and he will send a check for those expenses which will be pre taxed amount. i.e. if my pre taxed salary is $ 5000 per-month , if I submit expense statemet for $500. Then my employer will send a check of 500 and paystub i.e. direct deposit after applying tax on $4500.
I am not sure whatever he is suggesting is good tyhing to do and it will not have any problem for me.
I am working on H1B. Recently what has happened that my family lives in state A, and I am working in state B. My family could not move to state B because my sone is going to school. I have to pay alot of expenses to go back and fort from state B to A, like air ticket and cab ect. I talking to my compnay regarding this and they said that whatever are my expenses submit to every month end and he will send a check for those expenses which will be pre taxed amount. i.e. if my pre taxed salary is $ 5000 per-month , if I submit expense statemet for $500. Then my employer will send a check of 500 and paystub i.e. direct deposit after applying tax on $4500.
I am not sure whatever he is suggesting is good tyhing to do and it will not have any problem for me.
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ajay_hyd
06-21 11:45 AM
My case was approved yesterday. EB3/NSC - India - PD June 02 - RD April 04.
thanks and good luck to all who are waiting. i will send an additional check to immigrationvoice soon.
thanks and good luck to all who are waiting. i will send an additional check to immigrationvoice soon.
more...
pd_recapturing
10-15 12:00 PM
I think you need to show visa proof when you go to most of the DMVs.
But one of friend renewd his lic(PA DMV) without showing H1 or EAD. He renewed it online.
When I tried to renew my licence online it prompted me that my citizenship requires me to go to DMV local office personally.
Well, if your friend was able to get it renewed online, that mean, he must have got his first DL in PA long time ago and at that time, there was no flag that talked about immigration status like I-94. But at the later stage, DMV started attaching a restriction with H1B and other visa hoders to check the I-94 H1B status etc ...those ppl r still enjoying same setup and ppl like us are going through this whole excercise.
But one of friend renewd his lic(PA DMV) without showing H1 or EAD. He renewed it online.
When I tried to renew my licence online it prompted me that my citizenship requires me to go to DMV local office personally.
Well, if your friend was able to get it renewed online, that mean, he must have got his first DL in PA long time ago and at that time, there was no flag that talked about immigration status like I-94. But at the later stage, DMV started attaching a restriction with H1B and other visa hoders to check the I-94 H1B status etc ...those ppl r still enjoying same setup and ppl like us are going through this whole excercise.
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gc_on_demand
03-18 01:09 PM
Hi gc_on_demand:
Great Analysis! What are your predictions for EB3 for this year?
You mean to say that EB3 (40K) is already used up for this year :-(
Thanks,
Rayoflight
All Eb3 will get close to 40k this year . There will not be any spill over from Eb1 or Eb2. Also Eb3 ROW is not current so chances are very minimal that Eb3 india and China will get any exxtra visa. Only CIR or Recapture is hope for Eb3. OR as I said in earliar post that if Labor dept makes too hard to file for Eb2 in coming years then after 2-3 years you may see spill over to Eb3. otherwise it will crawl. But chances are there that they will recapture or do CIR in between.
Great Analysis! What are your predictions for EB3 for this year?
You mean to say that EB3 (40K) is already used up for this year :-(
Thanks,
Rayoflight
All Eb3 will get close to 40k this year . There will not be any spill over from Eb1 or Eb2. Also Eb3 ROW is not current so chances are very minimal that Eb3 india and China will get any exxtra visa. Only CIR or Recapture is hope for Eb3. OR as I said in earliar post that if Labor dept makes too hard to file for Eb2 in coming years then after 2-3 years you may see spill over to Eb3. otherwise it will crawl. But chances are there that they will recapture or do CIR in between.
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dogking
08-14 02:56 PM
there is always risk. If the PERM is denied, the RIR will be denied as well, that is the procedure for conversion cases. You can re-file 6 months later.
I just had my PERM filed. My job hasn't changed and I have 2 years left. My lawyer said it's worth to try. Now I have my finger crossed.
rb_248, after you filed the conversion how long for you to got it approved?
I just had my PERM filed. My job hasn't changed and I have 2 years left. My lawyer said it's worth to try. Now I have my finger crossed.
rb_248, after you filed the conversion how long for you to got it approved?
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hsingh82
04-09 05:33 PM
I think we will be in the long wait together :D, my perm should be filed in next couple of days.
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Antonio Trivelin
June 16th, 2006, 08:09 PM
They look good to me Antonio. I wish I could get results like this with my 50mm 1.8, but then I've only tried on bands in small clubs, you had a few more stage lights to work with it looks like to me.
Nik, tks a lot for comments too !!!
This show was in a big place, look:
http://img147.imageshack.us/img147/256/showbarao0jw.jpg (http://imageshack.us)
This is not my photo, but i was there in that place where i write in red the most part of the time of the show.
I think there was 62.000 people there !!!!
More details here: http://www.paomusic.com.br/2005/default_noticias_interna.asp?idNoticia=5819&cod_area=2
To see the photos click at the right where is write GALERIA and choose - "Bar�o Vermelho e convidados - Piracicaba-SP". This is the oficial site and the photos there is not mine.
Best regards my friend,
Antonio
Nik, tks a lot for comments too !!!
This show was in a big place, look:
http://img147.imageshack.us/img147/256/showbarao0jw.jpg (http://imageshack.us)
This is not my photo, but i was there in that place where i write in red the most part of the time of the show.
I think there was 62.000 people there !!!!
More details here: http://www.paomusic.com.br/2005/default_noticias_interna.asp?idNoticia=5819&cod_area=2
To see the photos click at the right where is write GALERIA and choose - "Bar�o Vermelho e convidados - Piracicaba-SP". This is the oficial site and the photos there is not mine.
Best regards my friend,
Antonio
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masti_Gai
01-05 09:04 AM
coz...
Many people have started moving from EB3 to EB2 and retaining their priority date.
Many people have started filing in EB2 now as they know the result will be known within 2 to 3 months as PERM is faster.
So the no of cases in EB2 have increased in an alarmin scale after 05.
but still i would choose EB2 instead of EB3 coz the amount of retrogression in EB3 is more compared to EB2
All the best. Hope ur decision really pays off....:)
Many people have started moving from EB3 to EB2 and retaining their priority date.
Many people have started filing in EB2 now as they know the result will be known within 2 to 3 months as PERM is faster.
So the no of cases in EB2 have increased in an alarmin scale after 05.
but still i would choose EB2 instead of EB3 coz the amount of retrogression in EB3 is more compared to EB2
All the best. Hope ur decision really pays off....:)
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Pineapple
02-09 01:51 PM
That's a good one :)
..
PS: You know that Power = IV right? = )
..
PS: You know that Power = IV right? = )
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onemorecame
07-23 12:14 PM
Dont know whether it matters.
But R. Mickels.
How do you know who signed your I-485?
But R. Mickels.
How do you know who signed your I-485?
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zCool
05-17 07:27 PM
you are going to have to do some type of litigation.. which court and how are questions for your lawyers.. This forum is probably not right place.. start with attorny.. make sure it's not your attornies who screwed up..
have proof of documents for all the facts
and then go file in one of the federal courts..
have proof of documents for all the facts
and then go file in one of the federal courts..
anu_t
08-13 06:05 PM
joining back to EB2 company is the only option I see. But if EB2 company doesn't exist , this is a unique situation. Talk with the lawyer immidiately.
meridiani.planum
08-15 09:31 PM
Hi Mods, I am new to the forum so in case I asked this in the wrong section then do pardon me.
I am currently working on L1 visa and had applied for H1 visa for fiscal 2010. I did file the visa via a consultant based in ease coast. Now, i got an email 8 days back from CRIS that there was a RFE against my application.
And finally, earlier today I got another email from my consultant that my visa was denied.
My consultant says that he never received any RFE request from USCIS and all he got was a random rejection PDF from them (he in-fact says that I wasn't the only one ... he got 5 more denials today without getting the RFE)
My question to you folks is :
- Can he be lying and trying to cover-up the fact that he never bothered to respond back (even though the RFE came 2 months back)
- Can this actually happen (that RFE doesn't get delivered at all) ??
- He says he has asked the attorney to appeal further. Would that help. Also, how would I know if this guy has actually appealed or just gave another false assurance.
- Also what are my chances getting a H1B via the appeal route ?
Thanks in advance
the quota is not filled. Try looking for another job and sponsorer asap!
I am currently working on L1 visa and had applied for H1 visa for fiscal 2010. I did file the visa via a consultant based in ease coast. Now, i got an email 8 days back from CRIS that there was a RFE against my application.
And finally, earlier today I got another email from my consultant that my visa was denied.
My consultant says that he never received any RFE request from USCIS and all he got was a random rejection PDF from them (he in-fact says that I wasn't the only one ... he got 5 more denials today without getting the RFE)
My question to you folks is :
- Can he be lying and trying to cover-up the fact that he never bothered to respond back (even though the RFE came 2 months back)
- Can this actually happen (that RFE doesn't get delivered at all) ??
- He says he has asked the attorney to appeal further. Would that help. Also, how would I know if this guy has actually appealed or just gave another false assurance.
- Also what are my chances getting a H1B via the appeal route ?
Thanks in advance
the quota is not filled. Try looking for another job and sponsorer asap!
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