copsmart
06-09 05:29 PM
Admins and moderators have other important work to do than deleting worthless threads like this.
Just ignore this crap and move on.
Just ignore this crap and move on.
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kaisersose
05-29 11:17 AM
Gurus,
I currently have an EAD (Received it in September 07) and my PD is July 2003 and I am on EB3. I am close to getting an offer with another company and I have a few questions:
1. My EAD is up for renewal and will there be any problems renewing it If either I am with a new employer or in between jobs when the application is being submitted?
2. My current employer will hand me my I-140. Can I restart my GC process with my new employer and still maintain my old PD of July 2003?
3. If I restart my GC process, do I have to start my Labor and I-140 as well or do I just re-file my 485?
Thank You for answering my questions.
KC Indian
1. My EAD is up for renewal and will there be any problems renewing it If either I am with a new employer or in between jobs when the application is being submitted?
-- No.
2. My current employer will hand me my I-140. Can I restart my GC process with my new employer and still maintain my old PD of July 2003?
-- You do not have to restart anything if it has been 180 days since 485 filing and I assume it is the case as you have an EAD since last year.
3. If I restart my GC process, do I have to start my Labor and I-140 as well or do I just re-file my 485?
-- You are fine as you are. There is need to restart anything. The provision is called AC21 and you can google it for more info.
I currently have an EAD (Received it in September 07) and my PD is July 2003 and I am on EB3. I am close to getting an offer with another company and I have a few questions:
1. My EAD is up for renewal and will there be any problems renewing it If either I am with a new employer or in between jobs when the application is being submitted?
2. My current employer will hand me my I-140. Can I restart my GC process with my new employer and still maintain my old PD of July 2003?
3. If I restart my GC process, do I have to start my Labor and I-140 as well or do I just re-file my 485?
Thank You for answering my questions.
KC Indian
1. My EAD is up for renewal and will there be any problems renewing it If either I am with a new employer or in between jobs when the application is being submitted?
-- No.
2. My current employer will hand me my I-140. Can I restart my GC process with my new employer and still maintain my old PD of July 2003?
-- You do not have to restart anything if it has been 180 days since 485 filing and I assume it is the case as you have an EAD since last year.
3. If I restart my GC process, do I have to start my Labor and I-140 as well or do I just re-file my 485?
-- You are fine as you are. There is need to restart anything. The provision is called AC21 and you can google it for more info.
satishbsk
07-17 04:46 PM
D. JULY EMPLOYMENT-BASED VISA AVAILABILITY
After consulting with Citizenship and Immigration Services, the Visa Office advises readers that Visa Bulletin #107 (dated June 12) should be relied upon as the current July Visa Bulletin for purposes of determining Employment visa number availability, and that Visa Bulletin #108 (dated July 2) is hereby withdrawn.
After consulting with Citizenship and Immigration Services, the Visa Office advises readers that Visa Bulletin #107 (dated June 12) should be relied upon as the current July Visa Bulletin for purposes of determining Employment visa number availability, and that Visa Bulletin #108 (dated July 2) is hereby withdrawn.
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hemanth22
07-05 08:40 PM
or if some future entreprener gets so disgusted with this process and leaves the US and starts a world class company in another country la google
That will cause eyes to open of all the anti-immigration lobby and uscis/dos
That will cause eyes to open of all the anti-immigration lobby and uscis/dos
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spouse485
01-10 05:18 PM
Thanks so much for all the replies.
I'm going to follow the links provided.
Should your bank statements reflect specific minimun balance ?
Thank you.
does anyone have an answer
I'm going to follow the links provided.
Should your bank statements reflect specific minimun balance ?
Thank you.
does anyone have an answer
stucklabor
03-16 12:38 PM
I am confused stucklabor. I thought that labor decided ur job qualifications etc. I mean when i applied for my I-140 (i did not file concurrently btw). I was asked more info regarding my company and all of the company documents. I wasnt being sarcastic or anything i am just trying to understand what is going on.
Eb3_nepa, you should probably read the "Green Card process and problems" FAQ.
In addition, when in my post I said "you" I didn't mean you personally. It was a general "you". And that was an example, not directed at your situation personally since I have no idea about your situation.
In labor cert, the company only advertises for an American for the job that is being proposed to be given to the foreigner. It also does include the foreigner's resume to a certain degree, but in general, the foreign worker's qualifications only get examined at I140. So a labor cert could be filed that is very tailored so that the chances of an American being qualified for the job is 0.01%. Then the foreign worker has to prove that he/she is qualified for the job. I140 also is the stage where USCIS also satisfies itself that the job is a standard job, not a made up job that will exclude most Americans. So all this happens at the 140 stage. Meanwhile, someone who wants to file a 485 can do it concurrently and get EAD and AP. They can even file a second labor cert at their own time and do things the right way. So the possibilities of fraud exist. USCIS has to balance quick processing vs diligent processing.
So anyway, read the report. The report doesn't say anything about mismanagement or corruption at USCIS.
Eb3_nepa, you should probably read the "Green Card process and problems" FAQ.
In addition, when in my post I said "you" I didn't mean you personally. It was a general "you". And that was an example, not directed at your situation personally since I have no idea about your situation.
In labor cert, the company only advertises for an American for the job that is being proposed to be given to the foreigner. It also does include the foreigner's resume to a certain degree, but in general, the foreign worker's qualifications only get examined at I140. So a labor cert could be filed that is very tailored so that the chances of an American being qualified for the job is 0.01%. Then the foreign worker has to prove that he/she is qualified for the job. I140 also is the stage where USCIS also satisfies itself that the job is a standard job, not a made up job that will exclude most Americans. So all this happens at the 140 stage. Meanwhile, someone who wants to file a 485 can do it concurrently and get EAD and AP. They can even file a second labor cert at their own time and do things the right way. So the possibilities of fraud exist. USCIS has to balance quick processing vs diligent processing.
So anyway, read the report. The report doesn't say anything about mismanagement or corruption at USCIS.
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poorslumdog
10-11 08:08 PM
poorslumdog is tunnel rat
Dont put words into my mouth. get lost.
Dont put words into my mouth. get lost.
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insbaby
11-15 12:37 PM
Me.
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viper673
11-14 02:16 PM
Hello guys,
I e-filed my EAD renewal in July 3rd, did my FP in August 1 and I still don't have my card.
I opened a Service Request last week since it's been way beyond the "regulatory" 90 days and I got a letter yesterday basically saying that "even though my case is serious, I didn't provide them with an extreme reason to expedite the issuing of the card". Then on a separate line they have: "pending security clearance".
What in the world is an "extreme" reason to get my EAD renewed?? And why is it pending a security clearance if It's already been more than 120 days and it's a "renewal" -not a new card!!
My original EAD expired in 8/10 (I never used it) and my H1B will expire in 1/21/2009.
Anyone got the same thing? What can I do here?
I e-filed my EAD renewal in July 3rd, did my FP in August 1 and I still don't have my card.
I opened a Service Request last week since it's been way beyond the "regulatory" 90 days and I got a letter yesterday basically saying that "even though my case is serious, I didn't provide them with an extreme reason to expedite the issuing of the card". Then on a separate line they have: "pending security clearance".
What in the world is an "extreme" reason to get my EAD renewed?? And why is it pending a security clearance if It's already been more than 120 days and it's a "renewal" -not a new card!!
My original EAD expired in 8/10 (I never used it) and my H1B will expire in 1/21/2009.
Anyone got the same thing? What can I do here?
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eborbust
07-01 09:19 AM
To Administrator: Why are you deleting my post. I am just copy pasting a PURE TRUTH i.e. a TEXT OF LEGISLATION. I am not making up things. There are many other threads where people are just discussing unnecessary stuff. I am just saying that legal immigrants who have not yet applied for EB should contact congress to include us in any kind of amnesty - not exclude us. How does this view go against anybody in this forum?? Infact it will benefit everybody. A "blanket" amnesty will give everybdy a GC including those who have and those who havent applied for EB yet.
I am not saying the 2009 or 2010 CIR would definitely exclude legals in US from amnesty but we should contact congress and white house that it should not happen like the it was almost going to happen in 2006.
Search Results - THOMAS (Library of Congress)
S.2611
Comprehensive Immigration Reform Act of 2006 (Placed on Calendar in Senate)
SEC. 601. ACCESS TO EARNED ADJUSTMENT AND MANDATORY DEPARTURE AND REENTRY.
(a) Short Title- This section may be cited as the `Immigrant Accountability Act of 2006'.
(b) Adjustment of Status-
(1) IN GENERAL- Chapter 5 of title II (8 U.S.C. 1255 et seq.) is amended by inserting after section 245A the following:
`SEC. 245B. ACCESS TO EARNED ADJUSTMENT.
`(a) Adjustment of Status-
`(1) PRINCIPAL ALIENS- Notwithstanding any other provision of law, including section 244(h) of this Act, the Secretary of Homeland Security shall adjust to the status of an alien lawfully admitted for permanent residence, an alien who satisfies the following requirements:
`(A) APPLICATION- The alien shall file an application establishing eligibility for adjustment of status and pay the fine required under subsection (m) and any additional amounts owed under that subsection.
`(B) CONTINUOUS PHYSICAL PRESENCE-
`(i) IN GENERAL- The alien shall establish that the alien--
`(I) was physically present in the United States on or before the date that is 5 years before April 5, 2006;
`(II) was not legally present in the United States on April 5, 2006, under any classification set forth in section 101(a)(15); and
`(III) did not depart from the United States during the 5-year period ending on April 5, 2006, except for brief, casual, and innocent departures.
................
Under any such plan, an Illegal guy living in US for 2 or 3 years will get green card before a legal guy on F1 visa or working on H1B living in US for 2 or 3 years.
We should all contact congress to not to limit any kind of so called "Legalization or Earned path to Green Card" to illegals in US only. Legals should also be included. BUG THE WHITE HOUSE AND SENATORS FOR THIS OTHERWISE YOU'LL BE LEFT OUT. ACT NOW...
I am not saying the 2009 or 2010 CIR would definitely exclude legals in US from amnesty but we should contact congress and white house that it should not happen like the it was almost going to happen in 2006.
Search Results - THOMAS (Library of Congress)
S.2611
Comprehensive Immigration Reform Act of 2006 (Placed on Calendar in Senate)
SEC. 601. ACCESS TO EARNED ADJUSTMENT AND MANDATORY DEPARTURE AND REENTRY.
(a) Short Title- This section may be cited as the `Immigrant Accountability Act of 2006'.
(b) Adjustment of Status-
(1) IN GENERAL- Chapter 5 of title II (8 U.S.C. 1255 et seq.) is amended by inserting after section 245A the following:
`SEC. 245B. ACCESS TO EARNED ADJUSTMENT.
`(a) Adjustment of Status-
`(1) PRINCIPAL ALIENS- Notwithstanding any other provision of law, including section 244(h) of this Act, the Secretary of Homeland Security shall adjust to the status of an alien lawfully admitted for permanent residence, an alien who satisfies the following requirements:
`(A) APPLICATION- The alien shall file an application establishing eligibility for adjustment of status and pay the fine required under subsection (m) and any additional amounts owed under that subsection.
`(B) CONTINUOUS PHYSICAL PRESENCE-
`(i) IN GENERAL- The alien shall establish that the alien--
`(I) was physically present in the United States on or before the date that is 5 years before April 5, 2006;
`(II) was not legally present in the United States on April 5, 2006, under any classification set forth in section 101(a)(15); and
`(III) did not depart from the United States during the 5-year period ending on April 5, 2006, except for brief, casual, and innocent departures.
................
Under any such plan, an Illegal guy living in US for 2 or 3 years will get green card before a legal guy on F1 visa or working on H1B living in US for 2 or 3 years.
We should all contact congress to not to limit any kind of so called "Legalization or Earned path to Green Card" to illegals in US only. Legals should also be included. BUG THE WHITE HOUSE AND SENATORS FOR THIS OTHERWISE YOU'LL BE LEFT OUT. ACT NOW...
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ImmiQ
11-30 07:06 PM
Guys,
If one IV member moves from State A to B, what would be the process of transferring membership to state chapter?
Will it merely be a deleting datbase record from one state and adding it to another state? Or would it be again filling up survey to new state chapter..?
Thanks.
Man, you make me laugh :D :D :D
If one IV member moves from State A to B, what would be the process of transferring membership to state chapter?
Will it merely be a deleting datbase record from one state and adding it to another state? Or would it be again filling up survey to new state chapter..?
Thanks.
Man, you make me laugh :D :D :D
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sertasheep
03-31 01:15 AM
Excellent newspiece, there. Here's hoping you're able to sort out your situation, Anand. By the way, salaries in India are now nearly 1/3rd of that in the US(in the bigger companies, of course)
more...
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sweet_jungle
12-12 10:51 PM
Wife's EAD changed to "card production ordered", after a tiresome wait of almost 4 months. This was after 2 expedite faxes and 1 infopass.
My wife went for her biometrics today and what a surprise, her date of birth on the system was wrong.
She only had DL on her and no passport. So, the ASC staff took her biometrics but refused to correct her DOB, claiming that passport was needed.
So, we called up USCIS and upon description of the problem,were immediately transferred to level 2. Level 2 looked at the cases and confirmed that DOB was wrong on I-485. It was correct in I-765 and I-131. She said that the only way to correct it was to take infopass and present passport and DL.
It is now more or less clear that DOB mismatch has caused her EAD to be stalled for so long.I have already got my EAD.
Moral of the story : take passport for FP, infopass, etc. all the time.
Our EADs and APs were filed separately with I-485 courier receipt. What a mess !!
lets see what happens at infopass.
My wife went for her biometrics today and what a surprise, her date of birth on the system was wrong.
She only had DL on her and no passport. So, the ASC staff took her biometrics but refused to correct her DOB, claiming that passport was needed.
So, we called up USCIS and upon description of the problem,were immediately transferred to level 2. Level 2 looked at the cases and confirmed that DOB was wrong on I-485. It was correct in I-765 and I-131. She said that the only way to correct it was to take infopass and present passport and DL.
It is now more or less clear that DOB mismatch has caused her EAD to be stalled for so long.I have already got my EAD.
Moral of the story : take passport for FP, infopass, etc. all the time.
Our EADs and APs were filed separately with I-485 courier receipt. What a mess !!
lets see what happens at infopass.
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chandupatla
02-25 10:22 AM
Thanks for sending the information..and one more thing is there any road test?
more...
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indyanguy
06-29 07:28 PM
Thanks for the reply. Here's why it becomes more complicated. I asked my attorney about starting a new EB2 process (I have a MS from US). However, the attorney says he doesn't recommend starting a new PERM process as he strongly believes that this will affect the current EB3 I-140 application. He feels that USCIS will look at the ongoing EB3 application and deem it unnecessary to approve it (as I would have applied for a different position for EB2). Hence I might lose my PD !!
He suggests that I wait till my EB I-140 is approved. But that might take another year considering the slow NSC processing times!!
Any suggestions?
He suggests that I wait till my EB I-140 is approved. But that might take another year considering the slow NSC processing times!!
Any suggestions?
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intheyan
08-13 09:05 PM
I should those got the CARD PRODUCTION ORDER without name check are lucky and that are only few cases. Most of the cases are stuck with name check even though the PD is current and the RD rule applicable.
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gg_ny
09-18 06:33 PM
If you are referring to my earlier mail about NIH, it is not a university but an umbrella term for 12 + National Institutes of Health. The institutions are completely funded by and part of the federal government. If there are immigrant investigators working there as staff members, they should at least have GC already. But, postdocs and other 'glorified' staff positions require either J1, H1, EAD from NIH or employed in such visas by contracting staffing companies.
If any IV member works in the university, could you find out if there are any Indian and chineese assistant professors that have joined in the recent past. Such people might have applied in EB2 through university and will be retrogressed.
Also pls get in touch with post-docs in your universities and inform them about IV. Hopefully some of them might be willing to help us with the interview.
If any IV member works in the university, could you find out if there are any Indian and chineese assistant professors that have joined in the recent past. Such people might have applied in EB2 through university and will be retrogressed.
Also pls get in touch with post-docs in your universities and inform them about IV. Hopefully some of them might be willing to help us with the interview.
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haveaquestion
03-06 01:07 AM
Hi I'm currently working as a strategist in an ad agency on OPT, which expires in June this year. My H1B application was denied because my major in college was French and the lawyer obviously wasn't able to establish the connection between my major and my work (although in my defense, my college was a liberal arts college, there weren't any specialized majors such as advertising, communications, etc. It's all about cultivating critical thinking, analytical skills, communication skill, which are all essential to working in advertising). So my question is, if in the future I want to come back to the US on an H1B visa, would that be possible? Is this issue with my major going to haunt me for at least 12 years (as in 3 years of working experience equal 1 year of college education)? Given that I do want to stay in the advertising industry, what are my options to solve this issue? Would getting an MBA with a marketing focus solve this?
PS: I understand another way to come back to the US by employment is via L1 visa. However, the prerequisite would be that I was already working in that company's overseas office, correct? So, if I received an offer from a company in the US without having worked in one of its overseas branch, I would still have to apply an H1B, correct?
Thank you very much!
PS: I understand another way to come back to the US by employment is via L1 visa. However, the prerequisite would be that I was already working in that company's overseas office, correct? So, if I received an offer from a company in the US without having worked in one of its overseas branch, I would still have to apply an H1B, correct?
Thank you very much!
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martinvisalaw
01-12 02:19 PM
My husband and I are British, not sure if that slows things up or down :)
Being British makes it as fast as anyone. India, China, Mexico and the Phillipines are sometimes slower.
Being British makes it as fast as anyone. India, China, Mexico and the Phillipines are sometimes slower.
coopheal
11-05 06:46 AM
Show your confidence and support to IV by contributing.
rheoretro
11-07 02:18 PM
cool
rheoretro,
Many of the threads posted here are not directly related to "Employment-Based Green Card Retrogression". Most of them are related to problems we immigrants face day after day.
I started this thread with a good intent. Many people who are searching for jobs are lured by "flashing advertisements" in sulekha. They find out the reality only once they start working for them and "Green Card" is sponsored.
So if each one of us can post about good consulting companies we know about, it will help the current job hunters. (By the way, as far as I know, the majority of us in this forum work as consultants rather than as full-time employees)
rheoretro,
Many of the threads posted here are not directly related to "Employment-Based Green Card Retrogression". Most of them are related to problems we immigrants face day after day.
I started this thread with a good intent. Many people who are searching for jobs are lured by "flashing advertisements" in sulekha. They find out the reality only once they start working for them and "Green Card" is sponsored.
So if each one of us can post about good consulting companies we know about, it will help the current job hunters. (By the way, as far as I know, the majority of us in this forum work as consultants rather than as full-time employees)
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