GCard_Dream
09-15 05:39 PM
No one knows and that is why I said at this time of election period, it is better for them to maintain status quo than favoring legal immigrants.
You are exactly right and that's what house is doing, keeping the status quo. As close to losing the house as repubs are, they don't want to take any chances by upsetting either pro or anti immigration group and are just keeping the status quo for the most part. They have certainly pissed off the illegal folks but I am not sure how that impacts them on Nov 7th.
On the flip side, however, repubs might have pissed off both pro and anti immigration group by not doing anything at all about the illegal immigration. It just depends on how much people care about immigration issue and if that translates in to votes in November. They might be perceived as a do-nothing party. It is such a dividing issue for both repubs and dems that it will probably be a while before it is settled. We shall wait for that to happen. ;)
You are exactly right and that's what house is doing, keeping the status quo. As close to losing the house as repubs are, they don't want to take any chances by upsetting either pro or anti immigration group and are just keeping the status quo for the most part. They have certainly pissed off the illegal folks but I am not sure how that impacts them on Nov 7th.
On the flip side, however, repubs might have pissed off both pro and anti immigration group by not doing anything at all about the illegal immigration. It just depends on how much people care about immigration issue and if that translates in to votes in November. They might be perceived as a do-nothing party. It is such a dividing issue for both repubs and dems that it will probably be a while before it is settled. We shall wait for that to happen. ;)
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gccube
04-11 03:18 PM
I am searching on the wrong parameters. My bad. Thanks again for the reply.
mysticblue
08-17 01:57 AM
I assume you are on B's payroll and B is paying you with pay stub since you joined them though you are bench. If this is true -
Provide company C with your A approval notice (and any other prior approval notices, if required) and B's H1 transfer receipt notice along with the B's paystub. Apply for premium processing ASAP - Most importantly do not resign until you join Company C.
Thanks for the valuable inputs.
Applying for premium processing with Company C seems to be best option. However sometimes premium processing takes more than 15 days to get a result. Since Company B has indicated that they will terminate my employment by the end of this month (less than 15 days from now), I may not have the option of resigning from Company B, before getting Company C's approval.
1. Did you mean that I should resign from B only after getting a transfer receipt from C, or I should resign from B only after getting visa approval from C ?
2. If B terminates my employment, and my transfer to C is still Pending, what will happen in such a case ?
Provide company C with your A approval notice (and any other prior approval notices, if required) and B's H1 transfer receipt notice along with the B's paystub. Apply for premium processing ASAP - Most importantly do not resign until you join Company C.
Thanks for the valuable inputs.
Applying for premium processing with Company C seems to be best option. However sometimes premium processing takes more than 15 days to get a result. Since Company B has indicated that they will terminate my employment by the end of this month (less than 15 days from now), I may not have the option of resigning from Company B, before getting Company C's approval.
1. Did you mean that I should resign from B only after getting a transfer receipt from C, or I should resign from B only after getting visa approval from C ?
2. If B terminates my employment, and my transfer to C is still Pending, what will happen in such a case ?
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vinoddas
07-29 08:57 PM
I have a unique problem with possibly getting a green card too early. Please let me know how I can make this situation better. My priority date in EB2 India is in Jan 2006, which means potentially I could get my green card in 2-3 months.
I plan to get engaged in December 2008 and married in December 2009 to an Indian born Australian citizen. As far as I can see, her chargeability would be from India.
What are my options to make my life easier and to be able to successfully bring my future wife to the US the easiest possible way. So far, I have 2 options:
1. Use the special E3 work visa for Australian citizens.
2. If I dont get my GC within the next few months, do an early court marriage and invoke the following-to-join spouse when she is ready to come to the US.
I plan to get engaged in December 2008 and married in December 2009 to an Indian born Australian citizen. As far as I can see, her chargeability would be from India.
What are my options to make my life easier and to be able to successfully bring my future wife to the US the easiest possible way. So far, I have 2 options:
1. Use the special E3 work visa for Australian citizens.
2. If I dont get my GC within the next few months, do an early court marriage and invoke the following-to-join spouse when she is ready to come to the US.
more...
walking_dude
10-25 02:14 PM
Full credits belong to CagedCactus who took the initiative to call the meet, chose the venue and time, brought snacks and coffee to the meet. And also to Bestin who drove all the way from Lansing to be with us.
It was nice to touch-base with some of the DC rally veterans and share our experience. And also to discover some neighbors :)
State chapter meets are a nice opportunity to meet people and build your network - which may prove very useful to you in the future. People who skip the meets don't know what they're missing.
Thanks again to you and everyone that attended.
Thanks Vivek (Walking_Dude) for taking effort and arranging this. Nice meeting all of you at Troy.
Interestingly, when we got introduced our self I found that couple of guys are from my apartment complex where I live for the past three years but never met them before. Another two guys from nearby apartments which are in walk able distance.
It is for sure that the State Chapters are good networking opportunity for everybody. Definitely it will help each of us one or the other way. Let us keep it going.
It was nice to touch-base with some of the DC rally veterans and share our experience. And also to discover some neighbors :)
State chapter meets are a nice opportunity to meet people and build your network - which may prove very useful to you in the future. People who skip the meets don't know what they're missing.
Thanks again to you and everyone that attended.
Thanks Vivek (Walking_Dude) for taking effort and arranging this. Nice meeting all of you at Troy.
Interestingly, when we got introduced our self I found that couple of guys are from my apartment complex where I live for the past three years but never met them before. Another two guys from nearby apartments which are in walk able distance.
It is for sure that the State Chapters are good networking opportunity for everybody. Definitely it will help each of us one or the other way. Let us keep it going.
vegasbaby
06-10 09:50 AM
Hello All,
I was reading at some of the posts in this forum and they seem to have been quiet helpful.
My company has decided to go ahead with my GC process.
Its in the very early stage, but my immigration specialist gave me a heads up regarding something.
She said, that as I have a 3 yrs BE degree the USCIS may not recognize me under EB2 category :confused: So I explained her the education system in India, but she said that it depends upon the Credential Evaluation Agency which will process my educational qualification and prepare a report and submit it to USCIS.
Following this USCIS will make a decision whether to grant EB2 or EB3 category.
I am sure many of the members may have faced a similar Dilemma....Is there any specific solution to this?
To be precise I completed my Diploma from Mumbai & Degree from Pune University, followed by MS in US and currently working on H1B.
Please Advice.
Thanks,
Shakti
I have a 3 yrs Diploma from BTE - Mumbai & 3 years B.E. from Univ of Mumbai. In Mumbai, you can do 10 + 3yr Dip + 3yr BE OR you can do 12 + 4yr BE. Eventually 16 yrs of education is more important + there is no difference between the degree awarded to you & someone who does a 4 yrs degree.
I have EB3 pending & have currently labor done under EB2 with no issues.
I was reading at some of the posts in this forum and they seem to have been quiet helpful.
My company has decided to go ahead with my GC process.
Its in the very early stage, but my immigration specialist gave me a heads up regarding something.
She said, that as I have a 3 yrs BE degree the USCIS may not recognize me under EB2 category :confused: So I explained her the education system in India, but she said that it depends upon the Credential Evaluation Agency which will process my educational qualification and prepare a report and submit it to USCIS.
Following this USCIS will make a decision whether to grant EB2 or EB3 category.
I am sure many of the members may have faced a similar Dilemma....Is there any specific solution to this?
To be precise I completed my Diploma from Mumbai & Degree from Pune University, followed by MS in US and currently working on H1B.
Please Advice.
Thanks,
Shakti
I have a 3 yrs Diploma from BTE - Mumbai & 3 years B.E. from Univ of Mumbai. In Mumbai, you can do 10 + 3yr Dip + 3yr BE OR you can do 12 + 4yr BE. Eventually 16 yrs of education is more important + there is no difference between the degree awarded to you & someone who does a 4 yrs degree.
I have EB3 pending & have currently labor done under EB2 with no issues.
more...
Maverick1
11-16 01:45 PM
Let me restate to make sure I understood your question right :
Are you currently working as described in "A" and going to join a job as described in "B" ?
They don't look similar to me. If your LC was files verbatim as described in "A" and the new job description from your new employer is going to be as described in "B" you will have an issue.
As always the standard disclaimer : Take a legal advise. But it appears even to a lay man that they are not same/similar as described by you.
Do the following job descriptions qualify for AC21 provided all other factors such as salary and 485 pending for 180+ days have been met
Job A: Techincal Consultant
- Configures and implements risk management solutions using ASP.NET, VB.NET, XML, XSLT/XPATH.
- Basic working understanding of SQL Server, Oracle and related query language and tools
- Consulting development experience in IT or Systems Integration
- Excellent communication skills; written and verbal.
Job B: Project Manager
- Accomplishes project objectives by planning and evaluating project activities.
- Creates and executes project work plans and revises as appropriate to meet changing needs and requirements
- Identifies resources needed and assigns individual responsibilities.
- Manages day-to-day operational aspects of a project and scope.
- Reviews deliverables prepared by team before passing to client.
etc etc.
On promotion with the same employer, i will have responsibilities for job B but i am looking to change employers. can i join new employer with job B and use AC21 ?
Are you currently working as described in "A" and going to join a job as described in "B" ?
They don't look similar to me. If your LC was files verbatim as described in "A" and the new job description from your new employer is going to be as described in "B" you will have an issue.
As always the standard disclaimer : Take a legal advise. But it appears even to a lay man that they are not same/similar as described by you.
Do the following job descriptions qualify for AC21 provided all other factors such as salary and 485 pending for 180+ days have been met
Job A: Techincal Consultant
- Configures and implements risk management solutions using ASP.NET, VB.NET, XML, XSLT/XPATH.
- Basic working understanding of SQL Server, Oracle and related query language and tools
- Consulting development experience in IT or Systems Integration
- Excellent communication skills; written and verbal.
Job B: Project Manager
- Accomplishes project objectives by planning and evaluating project activities.
- Creates and executes project work plans and revises as appropriate to meet changing needs and requirements
- Identifies resources needed and assigns individual responsibilities.
- Manages day-to-day operational aspects of a project and scope.
- Reviews deliverables prepared by team before passing to client.
etc etc.
On promotion with the same employer, i will have responsibilities for job B but i am looking to change employers. can i join new employer with job B and use AC21 ?
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calboy78
11-10 03:02 PM
I will send email(s) to consulates and ministry of affairs UNTIL they hear us. They can't take us for granted and create the rules like they want for different consulates.
PS: I got mine renewed (10 yr validity) this year from SFO, with expired visa, without a problem.
PS: I got mine renewed (10 yr validity) this year from SFO, with expired visa, without a problem.
more...
h1b_tristate
07-28 08:35 PM
Hi Everyone,
Thanks for your replies. I called a couple of lawyer offices and this is the response i got.
For the candidate to switch jobs here are the rules:
1) The labour in the new company should be filed 365 days BEFORE the end of the second H1B.
AND
2) To keep getting 3 year extentions, your I-140 in the First company should be approved
AND
3) The First company should NOT revoke your existing Green Card application.
Thanks for your replies. I called a couple of lawyer offices and this is the response i got.
For the candidate to switch jobs here are the rules:
1) The labour in the new company should be filed 365 days BEFORE the end of the second H1B.
AND
2) To keep getting 3 year extentions, your I-140 in the First company should be approved
AND
3) The First company should NOT revoke your existing Green Card application.
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rsdang
08-15 03:54 PM
Couldn't resist opening a new thread and sharing this with fellow IVians.
We got our green cards today. It is actually green (in the back).
Another announcement is that I recently relocated to northern Mississippi. Would like to join up with other state chapter members. I am willing to coordinate with the group in Memphis TN.
Thanks IV. I and my spouse benefited a lot from the July 2007VB and the work IV did concerning it. So, I will do more than just stick around but continue to be active as usual. The system is still broken and we will have to work to fix it.
And thank you for staying to help the rest...
We got our green cards today. It is actually green (in the back).
Another announcement is that I recently relocated to northern Mississippi. Would like to join up with other state chapter members. I am willing to coordinate with the group in Memphis TN.
Thanks IV. I and my spouse benefited a lot from the July 2007VB and the work IV did concerning it. So, I will do more than just stick around but continue to be active as usual. The system is still broken and we will have to work to fix it.
And thank you for staying to help the rest...
more...
mantagon
07-15 01:01 PM
If your wife has given the EAD info to her employer (may be through W-9 form), then she does not have to report the change of status to USCIS, rather the employer is responsible for the notification.
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vinoddas
07-29 08:57 PM
I have a unique problem with possibly getting a green card too early. Please let me know how I can make this situation better. My priority date in EB2 India is in Jan 2006, which means potentially I could get my green card in 2-3 months.
I plan to get engaged in December 2008 and married in December 2009 to an Indian born Australian citizen. As far as I can see, her chargeability would be from India.
What are my options to make my life easier and to be able to successfully bring my future wife to the US the easiest possible way. So far, I have 2 options:
1. Use the special E3 work visa for Australian citizens.
2. If I dont get my GC within the next few months, do an early court marriage and invoke the following-to-join spouse when she is ready to come to the US.
I plan to get engaged in December 2008 and married in December 2009 to an Indian born Australian citizen. As far as I can see, her chargeability would be from India.
What are my options to make my life easier and to be able to successfully bring my future wife to the US the easiest possible way. So far, I have 2 options:
1. Use the special E3 work visa for Australian citizens.
2. If I dont get my GC within the next few months, do an early court marriage and invoke the following-to-join spouse when she is ready to come to the US.
more...
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redds777
09-20 08:47 PM
Hi
I would suggest you to go with employer B and get the EVL from them and sunbit to USCIS.
if possible delay H1B filing from employer C if you can
I also strogly suggest you to talk to an experienced attorney who has experience with AC21 like Murthy , khanna etc.. and respond to the RFE .
Hope this helps
Redds
Someone please help...I have a limited time to respond to this and would be great to hear from someone who received similar RFE and responded.
I would suggest you to go with employer B and get the EVL from them and sunbit to USCIS.
if possible delay H1B filing from employer C if you can
I also strogly suggest you to talk to an experienced attorney who has experience with AC21 like Murthy , khanna etc.. and respond to the RFE .
Hope this helps
Redds
Someone please help...I have a limited time to respond to this and would be great to hear from someone who received similar RFE and responded.
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dtekkedil
07-05 02:21 PM
by now everybody might have heard stories about how USCIS pulled staff and worked overtime and weekends to utilize the 60k visas in one month to prevent the july 485 filings.
What I am wondering is why did they do it. One obvious reason is the incresed fee comming into effect from July 30 2007. In addition to it what are the other reasons.
Is there any agenda within USCIS to prevent people from getting EAD and ac21 benefits?
Is USCIS filled with anti immgrant mentality who have takem upon themselves to make our lives difficult?
My guess is that this was done by the Bush Govt! So that there would be an outcry and he can get his CIR bill back into the senate. I hope it works!
What I am wondering is why did they do it. One obvious reason is the incresed fee comming into effect from July 30 2007. In addition to it what are the other reasons.
Is there any agenda within USCIS to prevent people from getting EAD and ac21 benefits?
Is USCIS filled with anti immgrant mentality who have takem upon themselves to make our lives difficult?
My guess is that this was done by the Bush Govt! So that there would be an outcry and he can get his CIR bill back into the senate. I hope it works!
more...
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travellertvr
03-22 03:15 PM
smuggymba,
Old I-94 expiration date was January 3, 2010, and new I-94 started from October 18, 2010.
Old I-94 expiration date was January 3, 2010, and new I-94 started from October 18, 2010.
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Ann Ruben
06-29 03:00 PM
Note that you cannot legally be required to reimburse certain immigration fees such as the $1500 or $750 ACWIA fee. Also,you cannot legally be required to reimburse USCIS filing fees and/or immigration related legal fees which, when subtracted from your salary, bring your salary below the required LCA wage.
more...
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LookingForGC
01-14 06:33 PM
Congratulation. Enjoy your freedom.
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peekay
06-29 03:03 PM
Hi,
I dont have a direct answer to your question but I do know that insurance has to be taken within the 30 days of your wife's arrival in US. I had the same situation where I applied for insurance on 32nd day and got a reply from the insurance company that I have to apply within 30 days. I finally was able to convince them and take the insurance. Try your luck by talking to some insurance company like BCBS or Humana. They should be able to provide more info. I cant be of more help than this.
Peekay
I dont have a direct answer to your question but I do know that insurance has to be taken within the 30 days of your wife's arrival in US. I had the same situation where I applied for insurance on 32nd day and got a reply from the insurance company that I have to apply within 30 days. I finally was able to convince them and take the insurance. Try your luck by talking to some insurance company like BCBS or Humana. They should be able to provide more info. I cant be of more help than this.
Peekay
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bkarnik
09-06 05:01 PM
I believe that could be a problem. If your Company is paying you in Canada, but asking you to work in the US I am not sure if your H1 would be valid. Per my limited knowledge, H1 can be sponsored by an employer having a business in the US. I am sure this is an issue that is a clash between the tax laws and the immigration laws. I would request you to submit your question for the next attorney call and hopefully we get an clear answer.
eb3_nepa
11-06 12:21 PM
Concurrent H-1Bs are always non-cap.:)
What does that mean?
I guess the reason i am asking is coz my spouse can possibly get a job offer in the near future and i was wondering if there was ANY way in which she can get an H1 and start working without having to wait for Oct 2007 :(
ANY alternative solutions guys? She is on H4 right now and we are both Indian citizens (born in India).
What does that mean?
I guess the reason i am asking is coz my spouse can possibly get a job offer in the near future and i was wondering if there was ANY way in which she can get an H1 and start working without having to wait for Oct 2007 :(
ANY alternative solutions guys? She is on H4 right now and we are both Indian citizens (born in India).
sandy_anand
01-24 10:16 AM
We are back to 140K, refer to demand data. This year both EB1 and EB2 are showing much lower consumption the dates will definitely move into 2007.
Based on the information available i am expecting EB2-I will get 8-12K visa this year (2011), unlike 20k last year (2010). Which means the PD will move as far as Nov-06 or Dec-06 the best this year.
No FB Spillover
High PERM approvals
Divergent opinions. Let's hope for the best!
Based on the information available i am expecting EB2-I will get 8-12K visa this year (2011), unlike 20k last year (2010). Which means the PD will move as far as Nov-06 or Dec-06 the best this year.
No FB Spillover
High PERM approvals
Divergent opinions. Let's hope for the best!
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