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  • redcard
    12-12 02:04 PM
    im waiting for the groans and moans

    You don't have to wait you could do some work at your office.





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  • GCBy3000
    01-02 11:41 AM
    1. Find an employer who is willing to H1 sponsorship.
    2. The filing data starts by April 1st I beleive. Check with attorney.
    3. Make sure your future employer does all the paper work required to file an H1. Ex. adv etc etc. Do not wait until April as the quota gets over in very short span of time. May be in few days.
    4. Make sure you have all the paper work ready by march end and file it on April 1st or 2nd.
    5. Check with attorney whether you need stamping to start working. I dont think so, but make sure. If you need a stamping, make proper arrangements to get it stamped. Once all are done, you are ready to rock from OCT 2007.

    Time consuming part is finding an employer to do H1 and working with them to all the ground work before April 2007. Good luck.

    Hi Group,

    Am on H4 since Sep 06. I want to apply for a H1 this year. Can any one of u tell me the procedure? How long will it take for me to get a H1 and start working?

    Thanks in advance.





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  • eb3_nepa
    06-05 01:56 PM
    Since the H-1 will be cancelled by the previous employer, the answer is No.

    I am more curious to know if you can use the EAD in conjunction with the H1B (working 2 jobs 1 on H1B and one on EAD).





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  • Green.Tech
    06-27 02:36 PM
    Janak et. al.

    Guys, please read what people are asking for before you insert your smart ass comments and start preaching. No one is talking about saving money. People are just trying to know which photos are acceptable to USCIS.

    Get a life man!



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  • mhathi
    07-17 10:36 AM
    WELL SAID!!!

    The only thing I would like to add is, when we eventually get our GC, lets not forget those behind us!

    jasquil

    Absolutely!





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  • manand24
    08-01 10:44 AM
    Folks,

    Just now i called up USCIS (1-800-375-5283 Option 1,2,2,6,2,2,1) since my App was mailed more than 4 weeks.

    The lady who picked up was nice enough to explain me the revised ETA for receipting from 4 weeks to 60 Calendar days. She also said that they generally receipts in 2 weeks (not even 4 weeks) but because of this rush that ETA is set to 60 days. She appreciated all of our anxiety and re-assured me that i dont have to call after 60 days because the receipt will be definitely with me ( if everything is filed correctly as per rules )

    One thing i found funny - she explained me that this Rush is just for avoiding the 'Fee Increase' - She has no idea about the Retrogression and stuffs like that :)

    Good luck guys - chat with you after another 29 days !!

    I also just got off the phone with USCIS, I am July 2nd filer with no receipts yet. The nice lady at USCIS customer service told me that due the increase in the in-flux of applications, it is taking USCIS longer to generate the receipt notices. She told me to call them back after 2 weeks.



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  • gclabor07
    12-01 12:21 PM
    Pappu,

    Thanks for the great analysis. One suggestion for USCIS. They need to make EB GC process a linear one, meaning that you file for labor, then I-140, and I-485 as soon as your first two stages are cleared. Concurrent filing process is a hit or miss. It doesn't make sense anymore when you've so much retrogression.

    This linear approach will be good for USCIS for two reasons:
    1. They will get constant flow of applications rather than all at once. Plus they can control it by regulating the flow of I-140 approvals.
    2. They will be able to better predict the visa movement based on their inventory.

    For people like me, it will be good for two reasons:
    1. I'll enjoy similar EAD/AP benefits that most of the people enjoy who filed during July 07.
    2. No more H1B stamping.

    Thanks.





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  • kode
    02-10 02:17 PM
    i'm starting to believe that you're right ...



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  • GCBy3000
    06-19 04:21 PM
    If they process by RD, then this month TONS of people with 2007/2006 PD will apply for 485 along with 1999-2005 guys.

    So if 1999-2000 guys are even late a day, then they will be behind 10k people (Assuming 10K files per day). If USCIS processes 100 applications per month, then a delay in single day cause delay of a year.

    Again, I pray for those guys who are still stuck with BEC with PDs 2000-01-02-03-04-05. Their situation is really bad.

    This will be a catch 22 situation. If they retrogress to 2004, then how would they know to process the 485 application based on PD. They will keep on processing the 485 based on RD. If they see some PD of 2004 or earlier, they will approve else they will continue the 485 processing.

    In this case, it is better for people with later PD 2005-2006-2007 to wait for couple of weeks in July and file later. This will make sure no VISA number is lost in coming years if they could process some earlier PD cases. Just a thought.

    Example: July 2nd-10th, if 100K 2006/2007 PD cases were filed and July 11th-20th 100k 2000-2004 PD cases were filed and the VB has 2004 as current date. In this case, USCIS spends time in processing non current PD 485 applications for a year or two. Ultimately the visa numbers are lost.


    In a way it is always RD, even if it is retrogressed, they process by RD within the eligible cases with some exception scenarios.





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  • Alabaman
    09-14 03:22 PM
    I have several friends who were waiting for GC desparately and they thought it was the final destination. They had many reasons why to get GC and once they get, they will be free and can do / will do everything possible. But, once they got it, they settled in a permanent job. Without GC, they were working for the same client with even more pay and life was good if not better.

    I was thinking the same way; because I am no different.

    Oflate, I realised, I am un-necessarily worried about something which is not in my control. I realised that I am well paid, with this pay even the benefits I am not getting are compensated. Why am I worried? Should I be after GC in order to get peace of mind? I started looking it little differently. I am in this country to earn more money and live comfortably. I am already enjoying what I wanted. Then, why am I worried still? May be it is in human nature to always look for something which is not in the hands.

    I still need GC for other things like Children education and get some other benefits (our education / starting business etc). I agree, but there is lot of time for that in my case. There are several people who are in the same state as me if not all. Everyone's needs are different.

    I thought I will just share my ideas so that atleast some of the people will be happier.


    So what are your ideas?



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  • niidawg3
    01-26 06:01 PM
    So my old company's lawyers got my Denial Notice today. USCIS is unbelievable in their incompetence. I got denied because apparently I filed when a visa date was not available. Why would i do such a stupid thing? Obviously the IO didnt take the time to do a little research to see why I filed when I did, nor did his Director who rubber-stamped the denial.

    My I-485 was filed on August 2nd, 2007. The August 2007 visa bulletin released on July 12th, 2007 did indicate UNAVAILABLE (http://travel.state.gov/visa/frvi/bulletin/bulletin_3269.html). However, USCIS, amended that a few days later with an update allowing a month (through August 17, 2007) for all individuals who were current as of the July 2007 bulletin (including me) to file. See the attached link: http://www.uscis.gov/files/pressrelease/VisaBulletinUpdate17Jul07.pdf, USCIS issues an update allowing

    It took me about 1.5 minutes on Google to locate the Update Memo. To think that an IO cannot locate this essential memo and would blatantly deny a valid application is beyond me. This is insane that an organization as important as the USCIS can be so inefficient.

    I called their customer service number to see if i could resolve it in a simple manner. The jerk of an IO I spoke to said "you are not going to like what I am going to say, but you are currently out of status (since I am on EAD and AP) and will need to file an MTR. People may tell you to not pay the fee for the MTR, but I recommend you do, since that is the only way your case will be reviewed"

    Thanks Jerk - i hope the Ombudsman's office gets to the bottom of these erroneous denials and fires all y'all.

    I know i would have lost my job if i made such a life-altering and blatant error!!

    I cant believe an Infopass can't resolve this, and I need to go down the MTR route.





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  • ramaonline
    08-07 11:14 PM
    Congrats suresh..it's good to see Dec 05 getting approved..best option would be to get your wife here on F1..Some of the schools required only TOEFL ..after coming to US get married again in US and apply for 485..

    485 derivative status is only available if you were married before the 485 approval not after

    If someone marries after 485 approval then you need to file I130 under family category for spouse

    Of course it is always possible to come on h1 and get a new new gc application filed thru employer - but it is not possible to add as derivative application with a lawful permanent resident



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  • logiclife
    01-09 12:00 PM
    Hi,

    I am joining new job using AC21 provision coming monday. My new employer does not provide medical insurance for the first month. I am eligible for after I complete 1 month.

    So my question is: till the time I get medical coverage from new employer (approx. 20 - 30 days), can I invoke COBRA? I heard that one can not invoke COBRA if he or she is employed (only meant for un-employement) is this true?

    Also, should I call my current insurance company for COBRA now, or I can wait if I really need to visit a doctor? is there a grace period for this? Because there is a possiblity that I may never would have to visit a doctor for next 20-30 days, but who knows!

    Appreciate your answers.

    Firstly, COBRA has pretty much nothing to do with AC21.

    COBRA is a law related to job loss or job change to an employer who doesnt offer insurance or job change to a new employer who offers insurance only after a certain time (like one month or so).

    I think the previous author is right. From the time you lose/resign from previous job, you have 60 days to fill out the COBRA paperwork. Do that as soon as possible, dont wait for 60 days.

    Basics : Basically, what COBRA does is allow you to continue your health insurance (as-is without any changes, you cannot change deductibles or switch from HMO to PPO or vice-versa, whatever you had on last day of work, that would continue) at your own expense and the insurance would now be only between you and the insurance company. Your previous employer would be out of the picture. This can continue until 18 months.

    Sometimes there is a third party company that will process the paperwork for your cobra and deal with insurance company. This third party company or service provider is usually retained and hired by your previous employer so that they dont have to deal with COBRA paperwork. Just like many employers outsource payroll paperwork to ADP or Paychex etc. So in that case, you would by asked by your previous employer to contact this service provider who will hook you up on COBRA coverage with existing benefits with your insurance provider.

    You would be paying the entire premium amount every month. Basically, it can come down to about 1000-1400 dollars a month for a family of 3-4. Amount depends on state and also on your coverage quality.


    Payments : Insurance companies are VERY VERY strict about the timeliness of the payment of insurance. If you are late one time, they will yank your insurance. So if you need COBRA be very very prompt about sending the payments.

    Alternative work-arounds (Having it both ways) :):) : Here is what some people do. COBRA payments dont begin until about 45-60 days after you stop working for previous employer. So you have 45 - 60 days until you can get on board with your new employer's coverage.

    So for 45 to 60 days, if you get COBRA, and you dont see a doctor, you just spend 1000-2000 dollars for nothing. ON the other hand, if you dont enroll and you are in a car wreck, you will be bankrupt for a long long time to come.

    But there is a middle ground. Send in the paper-work and fill out all forms to enroll in COBRA. That way, you are formally enrolled in COBRA. However, before the first premium payment is due, (45-60 days later), you might be already on board with new insurance with new employer. So at that time, if you are already with new insurance and then your first payment is due, just dont send the payment. They will cancel the COBRA immediately. But then you have nothing to lose as you didnt need any coverage in intermediate 45-60 days and now you are already with new insurance.

    On the flip side, if you actually need coverage (Doctor appt, surgery, etc) during 45-60 days while you are waiting for new insurance, then please send the first (and probably second payment if neccesary) for COBRA so that you are continously covered and your claims are not denied.

    This is totally legal and I was advised to do this by my current company's HR. She said "Wing it". To paraphrase her, if you dont need coverage, then dont send payment and let them cancel. If you need coverage, then send them payment so that you are covered while you needed doctor/hospital. It works. No one likes to send a check of 1000-1500 dollars to insurance company for one month COBRA insurance if you end up not needing any benefits at all during that month. Right?

    Links on COBRA :

    DOL website info : http://www.dol.gov/dol/topic/health-plans/cobra.htm





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  • singhsa3
    11-21 12:26 PM
    Interestingly, on our last visit to DC two congressional offices asked the very same question. They were actually surprised to hear that there is a problem.
    The baby that cries the most gets the milk first...

    The question I was asked my the Congressional staff repeatedly was - 'If so many thousands are impacted, why are we seeing just 4-5 coming to DC asking for help?



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  • ganguteli
    06-01 04:12 PM
    I cannot imagine how educated illiterate IV members are. You think voting on some site will get the bill passed? I agree with Fresheb2 that this is a waste of time. You guys are only promoting some new site. This site will capture your email addresses and send you marketing material. If you read about the site owners, they are commerical companies and they seek to make profit from this site. Do not be fooled that someone will send your bogus votes to congress and the bill will be passed. The site only aims at generating awareness among US citizens about congress and bill. They probably got some grant or decided to make money off this idea and started this website.

    How about I also start a website and create voting on it and ask everyone to vote. Will it help a bill pass?





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  • dpp
    07-19 02:48 PM
    But how do one become out of status?

    One way is, if he/she didn't apply for extension, thats the only way. Otherthan that pay stubs, job, bench, these will not make anybody out of status. These are all trash.

    As long as the employer/employee relationship exists, nobody can't do anything. This is for sure.


    Let me correct it.. I read somewhere that it is considered not a major problem if some one is out of status for less than 180 days cumulatively.



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  • mhathi
    07-17 10:33 AM
    FBI background check delay is the only reason why visa numbers are wasted every year. Pending I485 cannot be adjudicated and allocated visa numbers due to pending security checks. At the same time these pending I485s also don't let the visa bulletin dates move forward fast enough. Just wait and see how this problem is going to get worse in the coming years.

    Retrogression is a serious problem right now due to quotas and country quotas. But backlogged FBI checks will make it worse for thousands of people.

    I agree with everybody on this thread. I agree this solution ( if any) will be a band aid. I also agree the band-aid is needed to prevent the wound from becoming fetid. I agree this may exacerbate problems.

    For all these reasons, it is imperative we do not stop after this anouncement. Our long term goal has to be retrogression relief in one form or the other, including all or some of recapture of unused visas, increase in annual quota, resolution of the FBI name chack black hole, and more that able persons in IV can doubtless think of better than yours truly.

    I, for one, am going to be a member of IV long after this anouncement.





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  • jsb
    12-30 02:07 PM
    I think the DHS-7001 form needs to be signed by the HR of your company.So I guess your company/lawyer will need to be involved.

    No, that is not true. It has nothing to do with lawyers or the HR people. I-485 is YOUR filing (not of your employer's HR). By sending this you merely want to draw attention about something which you believe or hope should happen, and unless immediate attention is drawn you might suffer a loss (in this case, visas may be used up by others simply because someone did not care about your case, or just took the case to process and then went on long holiday etc. Such thing can happen and do happen particularly when paper files have to be worked with). Best...





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  • alisa
    03-29 01:31 AM
    ^^^^
    This is the most important thing right now.

    Members needed in Wisconsin. Please PM me.





    rb_248
    12-13 01:09 PM
    Look, the situation is terrible but let's not get carried away. We're still here by choice. We bargain going through all this for having the life we have here and not having the energy enough to unroot and head to Canada, Aus or Europe.

    May be you are right....but, I feel that the whole thing is a broken promise. And I feel like I fell right in the trap set for people like us.





    Drifter
    04-06 02:59 PM
    A core member has been helping me in this matter. I really have to thank the core for being so responsive and for giving this matter the kind of attention it deserves. There is some progress in this case and the quickness with which the IV Core acted on this and moved the issue forward gives me and my family hope.
    We have been patiently waiting in the immigration queue for close to 10 years and finally when we are so close to the end of this long journey become victims of a clerical error which was completely out of our control. IV has provided our family with hope. I thank IV for that
    We pray that this issue gets resolved and I hope that no one else has to go thorugh this trying situation.



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