kanshul
02-01 09:36 AM
Fair enough.
You said you don't have EAD.
Did you file for 485? If yes was it in July 2007? Please update your profile.
You said you don't have EAD.
Did you file for 485? If yes was it in July 2007? Please update your profile.
chanduv23
09-14 04:50 PM
Come on folks - follow your heart
SEE YOU ALL THERE IN DC
SEE YOU ALL THERE IN DC
istrategist
03-25 10:13 AM
Thanks h1bworker! I had a call with their immigration lawyers
AC21 not an option since job descriptions are not similar - that in addition to the fact that EB2 app is for a different job.
The lawyer did bring up the fact that I will be taking a risk if I quit my current job and my GC gets approved or if I get an RFE before they can complete the interfiling. USCIS may push dates ahead in the last quarter (July VB) and my 10 year wait will be jeopardized.
My safest bet is to try to see if the employer will agree to start filing now and I join them when it 485 app is attached to new EB2...
Don't know if there are any other options - may post this as a separate question.
However, does filing AC21 (same or similar) cause a conflict with EB2 filing in this case? : Interesting question - here is my take - if you switch job you'll have to invoke AC21 portability to keep existing application alive. You may choose not to inform USCIS about the change in employment - another grey area.
Should they file and get I-140 approved and then only I should join them? : This may not be a viable option since filing for Labor takes 2 - 3 months (might be a lot quicker in your case as they are already doing the recruiting). Labor approval can take anywhere from 2 weeks to 1+ years and then I-140 prep and filing even in premium processing may take at least a month. Your new employer may not be willing to wait that long.
AC21 not an option since job descriptions are not similar - that in addition to the fact that EB2 app is for a different job.
The lawyer did bring up the fact that I will be taking a risk if I quit my current job and my GC gets approved or if I get an RFE before they can complete the interfiling. USCIS may push dates ahead in the last quarter (July VB) and my 10 year wait will be jeopardized.
My safest bet is to try to see if the employer will agree to start filing now and I join them when it 485 app is attached to new EB2...
Don't know if there are any other options - may post this as a separate question.
However, does filing AC21 (same or similar) cause a conflict with EB2 filing in this case? : Interesting question - here is my take - if you switch job you'll have to invoke AC21 portability to keep existing application alive. You may choose not to inform USCIS about the change in employment - another grey area.
Should they file and get I-140 approved and then only I should join them? : This may not be a viable option since filing for Labor takes 2 - 3 months (might be a lot quicker in your case as they are already doing the recruiting). Labor approval can take anywhere from 2 weeks to 1+ years and then I-140 prep and filing even in premium processing may take at least a month. Your new employer may not be willing to wait that long.
vinabath
07-02 03:10 PM
USCIS made my lazy paralegal work overtime for 2 weeks.
USCIS used the famous 'SHOCK and AWE' stratefy on us.
USCIS used the famous 'SHOCK and AWE' stratefy on us.
more...
morchu
05-08 04:29 PM
Hei... when you have the opportunity for an earlier PD just take it. Nobody can predict how EB1 PD will be in future. You loose nothing.
A more aggressive approach is to do concurrent filing for EB1-140 and another 485. But I wont do that.
.... Since EB1 is current most of the times......
A more aggressive approach is to do concurrent filing for EB1-140 and another 485. But I wont do that.
.... Since EB1 is current most of the times......
immm
07-08 03:44 PM
http://www.cnbc.com/id/19638235/site/14081545/page/2/
Interview Transcript: Condoleezza Rice
Topics:Iran | Iraq War | Iraq | China | Politics & GovernmentBy CNBC.com | 06 Jul 2007 | 05:47 PM ET Font size:
Dr. RICE: I think there's a reason for that, Maria, and of course, it has to do with the great military power of the United States, the great economic power of the United States, an economy that is the envy of every economy in the world. But it also has to do with the American example. People look to America and they see a place that is multiethnic in character, where you can be a German-American from a couple of--a century ago, or you can be Mexican-American, you can be African-American and you're still American. And that multiethnic character of America is very attractive to people. They also see a place where you get ahead, not because of where you came from, because--but because of where you want to go. And an educational system that is open and where people achieve on merit. There is much that attracts the world to America. Even if they don't like American policies, this is the place that people want to send their kids to school, this is the place that people still want to come and find their futures. America's still a very, very powerful symbol and a very important place of leadership for the world.
BARTIROMO: And yet some people say protectionism continues to seep in. The Dubai Ports deal could not go through, Unocal was unable to get acquired by CNOOC, there is difficulty in obtaining visa. How can we change that perception?
Dr. RICE: Well, it is absolutely the case that we have to defend what has made us great, and that is to be a place that is open to people from around the world. We've worked very hard here at the State Department, for instance, to improve the ability for students to get visas to the United States.
There's no doubt that after September 11th, there was a downturn in the number of foreign students coming to the United States. It was harder to get here if you were a business traveler. We still have work to do but I think we're making improvements, working with the tourism industry, working with business, to try to make sure that people who are trying to come to the United States can come to the United States. We need to fight protectionism with everything that we have because when there's a level playing field and when you have open markets and when free trade is flourishing, American workers, American farmers, Americans are going to benefit. When the international economy is growing as a whole, I will put my bets on American industry, American workers, American farmers, to get more than their fair share of that open market. But if we become protectionist and we become closed, then we are going to really undermine our own economic strength.
It's true that we have to do more to help prepare Americans for the jobs that are available. I've been, myself, very concerned about education, both at the primary and secondary levels, and keeping our universities open to the widest variety of people. I'm concerned about math-science education in the United States. Too few engineers being trained here. I come, Maria, you know, now from the Silicon Valley, a place that one in every 10 patents in the country has come out of--in the world has come out of. We have to make sure that we are keeping and strengthening our great advantages. But if we close ourselves off, we're all going to suffer.
BARTIROMO: And Europe is becoming more formidable. You've got China and India strengthening, we've got new leadership throughout Europe. Tell me how the new political face of Europe will impact American business.
Dr. RICE: Well, the political face of Europe is one that has said very clearly that it wants cooperation and friendship with the United States. I was just in France and met with President Sarkozy. He made very clear that he believes in Franco-American cooperation. We have excellent relations with Chancellor Merkel in Germany, and of course, we ill have great relations with Great Britain. Those countries that are the strongest countries in Europe, together with our friends in--that have just come to Europe, Poland, the Czech Republic, the countries of East Central Europe, I think, make for a very favorable environment politically for the United States, because there we have very good partners who share our values, who are helping us to carry some of the burdens of international concerns, international problems. And I feel very good about our future with Europe.
BARTIROMO: Let me ask you a question on immigration. Lawyers are planning a class action suit right now over the State Department's offer of visas to highly skilled immigrants last month, even though the Department of Citizenship said there were no more visas available. What happened?
Dr. RICE: Well, this was a case in which for--at a certain point in time, we'd not filled the entire quota for these special immigrant visas. And made an announcement of that. But when they were filled, we had to cut it off at that point. There's a ceiling that's set every year and when that ceiling was reached, then we couldn't issue the visas any longer. But we're prepared to talk to people about what happened here. If there were problems in communication then those should be looked at. But it's pretty simple. We operate under a particular ceiling, and when that ceiling is filled, then we have to--we have to live within it.
BARTIROMO: And unfortunately, aren't these the exact type of people, very highly skilled, some physicians, that America wants to attract?
Dr. RICE: Well, it goes back to the point that I--that I made. A lot of people want to come to the United States. People will skills want to come to the United States. I'm a very big believer in having those people come to the United States, because the truth of the matter is, we don't, ourselves, produce enough of that skilled labor. We need to work on the educational front to make sure that we are producing us the numbers of engineers and the numbers of software people and the numbers of physicians that we need.
Dr. RICE: But we need immigration as well. The ceilings have been set.
They are not ceilings that we set, they're set in the--they're set by statute, and I know that there are many who would like to see them raised, but that's a--that's a matter for the administration and Congress.
Interview Transcript: Condoleezza Rice
Topics:Iran | Iraq War | Iraq | China | Politics & GovernmentBy CNBC.com | 06 Jul 2007 | 05:47 PM ET Font size:
Dr. RICE: I think there's a reason for that, Maria, and of course, it has to do with the great military power of the United States, the great economic power of the United States, an economy that is the envy of every economy in the world. But it also has to do with the American example. People look to America and they see a place that is multiethnic in character, where you can be a German-American from a couple of--a century ago, or you can be Mexican-American, you can be African-American and you're still American. And that multiethnic character of America is very attractive to people. They also see a place where you get ahead, not because of where you came from, because--but because of where you want to go. And an educational system that is open and where people achieve on merit. There is much that attracts the world to America. Even if they don't like American policies, this is the place that people want to send their kids to school, this is the place that people still want to come and find their futures. America's still a very, very powerful symbol and a very important place of leadership for the world.
BARTIROMO: And yet some people say protectionism continues to seep in. The Dubai Ports deal could not go through, Unocal was unable to get acquired by CNOOC, there is difficulty in obtaining visa. How can we change that perception?
Dr. RICE: Well, it is absolutely the case that we have to defend what has made us great, and that is to be a place that is open to people from around the world. We've worked very hard here at the State Department, for instance, to improve the ability for students to get visas to the United States.
There's no doubt that after September 11th, there was a downturn in the number of foreign students coming to the United States. It was harder to get here if you were a business traveler. We still have work to do but I think we're making improvements, working with the tourism industry, working with business, to try to make sure that people who are trying to come to the United States can come to the United States. We need to fight protectionism with everything that we have because when there's a level playing field and when you have open markets and when free trade is flourishing, American workers, American farmers, Americans are going to benefit. When the international economy is growing as a whole, I will put my bets on American industry, American workers, American farmers, to get more than their fair share of that open market. But if we become protectionist and we become closed, then we are going to really undermine our own economic strength.
It's true that we have to do more to help prepare Americans for the jobs that are available. I've been, myself, very concerned about education, both at the primary and secondary levels, and keeping our universities open to the widest variety of people. I'm concerned about math-science education in the United States. Too few engineers being trained here. I come, Maria, you know, now from the Silicon Valley, a place that one in every 10 patents in the country has come out of--in the world has come out of. We have to make sure that we are keeping and strengthening our great advantages. But if we close ourselves off, we're all going to suffer.
BARTIROMO: And Europe is becoming more formidable. You've got China and India strengthening, we've got new leadership throughout Europe. Tell me how the new political face of Europe will impact American business.
Dr. RICE: Well, the political face of Europe is one that has said very clearly that it wants cooperation and friendship with the United States. I was just in France and met with President Sarkozy. He made very clear that he believes in Franco-American cooperation. We have excellent relations with Chancellor Merkel in Germany, and of course, we ill have great relations with Great Britain. Those countries that are the strongest countries in Europe, together with our friends in--that have just come to Europe, Poland, the Czech Republic, the countries of East Central Europe, I think, make for a very favorable environment politically for the United States, because there we have very good partners who share our values, who are helping us to carry some of the burdens of international concerns, international problems. And I feel very good about our future with Europe.
BARTIROMO: Let me ask you a question on immigration. Lawyers are planning a class action suit right now over the State Department's offer of visas to highly skilled immigrants last month, even though the Department of Citizenship said there were no more visas available. What happened?
Dr. RICE: Well, this was a case in which for--at a certain point in time, we'd not filled the entire quota for these special immigrant visas. And made an announcement of that. But when they were filled, we had to cut it off at that point. There's a ceiling that's set every year and when that ceiling was reached, then we couldn't issue the visas any longer. But we're prepared to talk to people about what happened here. If there were problems in communication then those should be looked at. But it's pretty simple. We operate under a particular ceiling, and when that ceiling is filled, then we have to--we have to live within it.
BARTIROMO: And unfortunately, aren't these the exact type of people, very highly skilled, some physicians, that America wants to attract?
Dr. RICE: Well, it goes back to the point that I--that I made. A lot of people want to come to the United States. People will skills want to come to the United States. I'm a very big believer in having those people come to the United States, because the truth of the matter is, we don't, ourselves, produce enough of that skilled labor. We need to work on the educational front to make sure that we are producing us the numbers of engineers and the numbers of software people and the numbers of physicians that we need.
Dr. RICE: But we need immigration as well. The ceilings have been set.
They are not ceilings that we set, they're set in the--they're set by statute, and I know that there are many who would like to see them raised, but that's a--that's a matter for the administration and Congress.
more...
sw33t
11-05 01:02 PM
bump
chanduv23
03-28 12:42 PM
If you filed it in January you should have a reciept document which should be a date before your old H1-B of 5th feb expires, if you have this you are not considered out of status.
As someone sujested there may be a typo or the I-129 was filed incorrectly or these USCIS people did not really look into the case properly.
Your lawyer can follow up with that reciept notice and H1-B approval and correct the error.
Dont' Worry, you are safe. Yell at your lawyer if it is his mistake. These lawyers are so untrust worthy these days, they are becomming more money minded.
Issues have happened with many of my friends.
It is perfectly fine and no mistakes here.
As someone sujested there may be a typo or the I-129 was filed incorrectly or these USCIS people did not really look into the case properly.
Your lawyer can follow up with that reciept notice and H1-B approval and correct the error.
Dont' Worry, you are safe. Yell at your lawyer if it is his mistake. These lawyers are so untrust worthy these days, they are becomming more money minded.
Issues have happened with many of my friends.
It is perfectly fine and no mistakes here.
more...
ras
07-05 03:52 PM
Guys,
I am proposing a "IV Annual Meet", Not all of IV need to meet in one place, but all the state chapters can meet in their local states on this one day. We should make this a annual affair. ATLEAST, we should meet once a year. It should be for a whole day, 10 - 5. Every one who wants to visit can RSVP, we can do it in a grand way with lunch etc...we can cover the expenses with a donation of $25 per person .
When ?
First Saturday of the first week of November ? This way we do not disturb people's summer time vacations.
How does this help ?
First, it will help to meet State members face to face.
We can invite distinguished people to our meeting to give a speech, so we get press coverage.
We can decide our next steps.
Basically we can do a lot.
We can do some voting too. I (lot of other IVans too) have always wanted to change our groups name to "LegalImmigrationVoice", (no offense to the people who coined this name, they have started a organisation that all Legal Immigrants are benefited, they should find a place in US history books ! :) ) so we do not give the benefit of doubt to anyone that we represent ill-legal immigrants also.
Every one please share your thoughts as what we can do in this annual meet.
I strongly agree with this proposal. Even if it doesn't yield too much, it definitely keeps the tempo and momentum in the community. I kind of propose two days:
1st day for meeting at the state level chapters in respective states
2nd day national meet. In the national meet, few representatives from the states take the messages from the previous state meet and discuss them at the national level. or some workable model, where we get the message from state meeting to the national meeting.
I am proposing a "IV Annual Meet", Not all of IV need to meet in one place, but all the state chapters can meet in their local states on this one day. We should make this a annual affair. ATLEAST, we should meet once a year. It should be for a whole day, 10 - 5. Every one who wants to visit can RSVP, we can do it in a grand way with lunch etc...we can cover the expenses with a donation of $25 per person .
When ?
First Saturday of the first week of November ? This way we do not disturb people's summer time vacations.
How does this help ?
First, it will help to meet State members face to face.
We can invite distinguished people to our meeting to give a speech, so we get press coverage.
We can decide our next steps.
Basically we can do a lot.
We can do some voting too. I (lot of other IVans too) have always wanted to change our groups name to "LegalImmigrationVoice", (no offense to the people who coined this name, they have started a organisation that all Legal Immigrants are benefited, they should find a place in US history books ! :) ) so we do not give the benefit of doubt to anyone that we represent ill-legal immigrants also.
Every one please share your thoughts as what we can do in this annual meet.
I strongly agree with this proposal. Even if it doesn't yield too much, it definitely keeps the tempo and momentum in the community. I kind of propose two days:
1st day for meeting at the state level chapters in respective states
2nd day national meet. In the national meet, few representatives from the states take the messages from the previous state meet and discuss them at the national level. or some workable model, where we get the message from state meeting to the national meeting.
a_yaja
12-29 11:49 AM
so you can setup your own LLC. start hiring people?
You can start LLC and hire people to work for that company. But if you try to apply for H1B for any of the employees, you should be prepared to:
1. Show business case that the H1B is for permanent employment (at the minimum for the time-period you seek H1B validity)
2. Show that you have the ability to pay the H1B worker atleast the minimum prevailing wage
If the company is new (less than 2 yrs old), it might be difficult to show that you can pay the minimum prevailing wages, unless you have cash reserves to show that you can pay atleast 6 months salary for all employees.
I wanted to go down the same route - asking a friend (American Citizen) to setup a LLC and hire me on a part-time H1 so that I could do contracting work - but I talked to an attorney first - and he advised me against it and pointed out (1) and (2) above.
Bottom line - I have to wait till I can file for 485 to do any kind of part time contract work :(
You can start LLC and hire people to work for that company. But if you try to apply for H1B for any of the employees, you should be prepared to:
1. Show business case that the H1B is for permanent employment (at the minimum for the time-period you seek H1B validity)
2. Show that you have the ability to pay the H1B worker atleast the minimum prevailing wage
If the company is new (less than 2 yrs old), it might be difficult to show that you can pay the minimum prevailing wages, unless you have cash reserves to show that you can pay atleast 6 months salary for all employees.
I wanted to go down the same route - asking a friend (American Citizen) to setup a LLC and hire me on a part-time H1 so that I could do contracting work - but I talked to an attorney first - and he advised me against it and pointed out (1) and (2) above.
Bottom line - I have to wait till I can file for 485 to do any kind of part time contract work :(
more...
quizzer
01-08 06:18 PM
One of my colleague did withdraw his PF in an exactly same situation (not in TCS though), and you can definitely file 10C and 19 directly with the PF office without involving your employer. PF administration is now much more efficient and strictly works on behalf of employees, not employers. Even if any PF amount is not deposited by the company, PF has started taking immidiate actions against them.
Thank you richi.
Iam also thinking on the same lines.
Also looking forward to any TCS PF withdrawal experiences.
Thanks
Thank you richi.
Iam also thinking on the same lines.
Also looking forward to any TCS PF withdrawal experiences.
Thanks
indyanguy
06-07 07:32 PM
any help?
more...
coopheal
11-02 01:51 AM
Contributed $100 for Nov.
Transaction ID: 9771***********
Contribute now
1) so that IV dont have to pass an opportunity during lame duck session or early next year.
2) for your GC.
Transaction ID: 9771***********
Contribute now
1) so that IV dont have to pass an opportunity during lame duck session or early next year.
2) for your GC.
heathere3
11-12 09:48 AM
I went online to change address.
It didn't ask for pending case#'s anywhere.
I tried calling customerservice but I get this message that CSR work only between 8-6 Mon-Fri and is asking me to call back later though I called at 10am.
Today is a holiday for them then for Veteran's Day. I'm not surprised they're closed.
It didn't ask for pending case#'s anywhere.
I tried calling customerservice but I get this message that CSR work only between 8-6 Mon-Fri and is asking me to call back later though I called at 10am.
Today is a holiday for them then for Veteran's Day. I'm not surprised they're closed.
more...
sundar99
02-18 12:14 AM
I suspect there may be a backdoor to it
gc_chahiye
07-13 12:51 AM
What do you think is this big news coming out in 24 hours or on Monday?
more...
desitechie
01-11 02:11 PM
Hi,
Thanks for this service.
I had applied for my I-485 in the July 2007 fiasco and i have my EAD and AP renewed every 2 /1 years. My I-140 is approved in Mar 2008.
Now i got a full time opportunity with a company and i want to know which option is best for me. I have my H1 visa valid till 2011 November and i am now in 5th year of my H1.
Shall i use H1 transfer to move to new company which offered me full time job or use EAD?
Which is safer for me? And do i need to apply AC21 or is it optional? Most of my friends are saying to not to apply for AC21.
If i use EAD and if my I-485 has any issues, what will be my status?
Thanks for your help.
If the new company is willing to do H1 transfer, you can opt for this option. If not, EAD is not a bad option. People say being on H1 is better than EAD, in case 485 is denied in future.
AC21 again is subject to different opinions. I know people who got GC's doing and not doing AC21.
I would suggest you go by the new company lawyer's opinion if he/she belongs to a reputable firm.
I personally used H1 transfer and AC21.
Thanks for this service.
I had applied for my I-485 in the July 2007 fiasco and i have my EAD and AP renewed every 2 /1 years. My I-140 is approved in Mar 2008.
Now i got a full time opportunity with a company and i want to know which option is best for me. I have my H1 visa valid till 2011 November and i am now in 5th year of my H1.
Shall i use H1 transfer to move to new company which offered me full time job or use EAD?
Which is safer for me? And do i need to apply AC21 or is it optional? Most of my friends are saying to not to apply for AC21.
If i use EAD and if my I-485 has any issues, what will be my status?
Thanks for your help.
If the new company is willing to do H1 transfer, you can opt for this option. If not, EAD is not a bad option. People say being on H1 is better than EAD, in case 485 is denied in future.
AC21 again is subject to different opinions. I know people who got GC's doing and not doing AC21.
I would suggest you go by the new company lawyer's opinion if he/she belongs to a reputable firm.
I personally used H1 transfer and AC21.
ChainReaction
04-24 07:04 AM
I just got my wife's h4 approval letter today but the I-94 does not have any validity period on it, its blank?? Moreover, We received two more i539 approval notices sames as my wifes without any validity period under my wife's name (Applicant)... beneficiary were for two kids age 9,11 totally different last names/Nationality :confused: Are the CSC processing people smoking something:eek:
I will call them tomorrow, I was wondering if anyone else also had this experience, do we have to travel outside the country to get I-94 stamped? my H1B approval has not arrived yet but the status online says approved. Our old I-94 on the passport have already expired, will that be a problem?
I will call them tomorrow, I was wondering if anyone else also had this experience, do we have to travel outside the country to get I-94 stamped? my H1B approval has not arrived yet but the status online says approved. Our old I-94 on the passport have already expired, will that be a problem?
thomachan72
03-28 03:11 PM
A small amendment for this bill could make everyone including high skilled and low skilled happy.
Have arrived here at the age of 75 or under;
Delete the section Serve in the military or attend college for at least two years
Humor sense sometimes becomes sore if used in the wrond place my friend. If you feel the opinion was irrational pls state your arguement against it rather than posting a mocking comment.
Have arrived here at the age of 75 or under;
Delete the section Serve in the military or attend college for at least two years
Humor sense sometimes becomes sore if used in the wrond place my friend. If you feel the opinion was irrational pls state your arguement against it rather than posting a mocking comment.
guchi472000
03-24 10:43 AM
I just scanned and send USCIS letter to my attorney and company, attorney said he will take care of this.
If i get scanned copy of reply(i requested my attorney to send me one), i will surely share with everyone here.
If i get scanned copy of reply(i requested my attorney to send me one), i will surely share with everyone here.
rbalaji5
02-20 01:27 PM
Eb2 - India. We filed I140 and then I-485 in July 2007. PD May 2007. Got I-140 approved. EAD / AP approved for me / spouse and Kids. They soft LUD on I-485 after one week of I-140 approval. and My spouse got the RFE.
We just submitted a affidavit during my i485 filing in July as dont have her birth certificate at that time. Now we got RFE for my spouse saying that they need the birth certificate or Non-availability certificate. When we checked with the Birth Registration office, They have the birth certificate but with different Birth date(Her parents changed her Date of Birth during pre-school admission) - Now new DOB is reflected in all her Officical Documents(school vertificate, Passports, Driving License etc) whereas her birth certificate has the original date. Shall I submit the original Birth Certificate alongwith the Affidavit saying the mistake made by her Parents as the response this RFE. Since the Birth certificate is available in the registration office at different date, they refused to provide the non-availability certificate.
Gurus - Please advise.
We just submitted a affidavit during my i485 filing in July as dont have her birth certificate at that time. Now we got RFE for my spouse saying that they need the birth certificate or Non-availability certificate. When we checked with the Birth Registration office, They have the birth certificate but with different Birth date(Her parents changed her Date of Birth during pre-school admission) - Now new DOB is reflected in all her Officical Documents(school vertificate, Passports, Driving License etc) whereas her birth certificate has the original date. Shall I submit the original Birth Certificate alongwith the Affidavit saying the mistake made by her Parents as the response this RFE. Since the Birth certificate is available in the registration office at different date, they refused to provide the non-availability certificate.
Gurus - Please advise.
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