sroym
06-18 05:25 PM
The FBI name check is not a side problem that once we finish fighting other problems, let's come back and pick up another problem. This is one of the major obstacles in the GC and Citizenship process which unfortunately is not transparent and there is no data available to tell you when you will pass this obstacle. If the attitude of some of the members in this organization is the delay in FBI name check is not going to happen to them and it is only random and a side problem, think again and watch out for what will be coming your way. By no means, this is not a side problem, this is one of those hidden obstacles that you don't know it is in your way once you hit it...and once you hit it, you are stuck. There is no congressman, senator or individual to help you. If we are going to be united and make the GC process transparent, we should not hand pick some of the problems that we want to fight today and come back to other problems later. You are going to soon realize how gigantic the delay with FBI name check is.
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hmehta
10-05 03:33 PM
It is 7 years for sure.
I think its more than 3 since I got a notice about my 2003 state taxes in 2007 which they said they never received and I got stuck with a penalty ( although I was getting a refund ). I paid the penalty since it would have been too much of a hassle to go through 2003 records and then duelling it out with the IRS.
I think its more than 3 since I got a notice about my 2003 state taxes in 2007 which they said they never received and I got stuck with a penalty ( although I was getting a refund ). I paid the penalty since it would have been too much of a hassle to go through 2003 records and then duelling it out with the IRS.
apatel_17
07-11 02:51 PM
They will not get I-94 for more than 6 months. You need to do following things to claim them as dependet(s) -
1. Extend their stay beyond I-94 i.e. 6 months.
2. Get ITIN number for them. (I am not sure how you get it on B1/B2)
This is the primary reason, immigration does not give more than 6 months I-94 on B1/B2 and avoid extending their stay....even if those are genuine reason(s).
My parents only stay here for about 170 days/year. Though, for every 30 days they stayed here last year, I can count 10 days towards their substantial presence in the US this year. That's how they can pass substantial presence without staying more than 180 days any single year. And B1/B2 visa holders can get ITINs. Undocumented immigrants who had no visas, in many states could use their ITINs to get Driver Licenses. IRS recently cracked down on this practice and asked all agencies to stop accepting ITINs as a form of identification and also made it harder to get an ITIN, but visa holders can get one. You may need to take the applicant (with their valid passport and visa) to an IRS office for verification. They can then accept the form in person, and return you a stamped copy of the application
1. Extend their stay beyond I-94 i.e. 6 months.
2. Get ITIN number for them. (I am not sure how you get it on B1/B2)
This is the primary reason, immigration does not give more than 6 months I-94 on B1/B2 and avoid extending their stay....even if those are genuine reason(s).
My parents only stay here for about 170 days/year. Though, for every 30 days they stayed here last year, I can count 10 days towards their substantial presence in the US this year. That's how they can pass substantial presence without staying more than 180 days any single year. And B1/B2 visa holders can get ITINs. Undocumented immigrants who had no visas, in many states could use their ITINs to get Driver Licenses. IRS recently cracked down on this practice and asked all agencies to stop accepting ITINs as a form of identification and also made it harder to get an ITIN, but visa holders can get one. You may need to take the applicant (with their valid passport and visa) to an IRS office for verification. They can then accept the form in person, and return you a stamped copy of the application
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hsarao
12-06 04:32 PM
Hello! My husband and I are in Lansing, and became a member today. I read the last post from Sep about some conference or meeting. Is there one scheduled soon? Venue? Date?
more...
krishna_brc
03-02 01:43 PM
As far as i know-----
Answer to Q#10 :
Country Of Birth drives priority date and NOT Naturalized Citizenship.
So, if you were born in India then your priority date goes by India PD no matter what citizenship you currently have.
Thanks,
Krishna
Answer to Q#10 :
Country Of Birth drives priority date and NOT Naturalized Citizenship.
So, if you were born in India then your priority date goes by India PD no matter what citizenship you currently have.
Thanks,
Krishna
skilledWorker
09-19 01:58 AM
Truly awesome.. 1500 is still a big number and I sincerely appreciate all the volunteers for spending countless hours organizing this rally.
Congrats once again to all the people who made it to the rally and participating in a historic event.
Go IV...
Congrats once again to all the people who made it to the rally and participating in a historic event.
Go IV...
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piyu7444
04-30 07:22 PM
You should make sure that your employer is willing to support you. I dont know what kind of employer you have so cant speak about it. I moved to EAD and my employer fully supports me........be it 140 be it h1b or w/e. I have always helped him via sending people to join the company and now its his turn to give it back to me........so one has to evaluate his situation and then deicde.....
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gcisadawg
02-15 04:02 PM
Guys, chill out! Hammer's concerns are genuine...but a bit misplaced.
H1B visas democratized the American dream. Initially, American Dream was available only to people who came to US to do Masters and people who were hired in India directly by American companies for jobs in US. The second option was extremely rare.
People who didnt fall under the above two category could have invariably come through a Body shopper who democratized and socialized the American dream. They made millions not only by being at the right place at the right time but also due to some questionable practices. Those questionable practices are the one that has lead to what we witness now.
Remember one thing, most of the people on H1B (excluding most masters and all direct hires) would have started their US career with a Body shopper (includes both Desi and other firms like Wipro, TCS, Infy, Satyam etc)
We need to look BOTH at our current situation and the path that we traveled to reach there.
H1B visas democratized the American dream. Initially, American Dream was available only to people who came to US to do Masters and people who were hired in India directly by American companies for jobs in US. The second option was extremely rare.
People who didnt fall under the above two category could have invariably come through a Body shopper who democratized and socialized the American dream. They made millions not only by being at the right place at the right time but also due to some questionable practices. Those questionable practices are the one that has lead to what we witness now.
Remember one thing, most of the people on H1B (excluding most masters and all direct hires) would have started their US career with a Body shopper (includes both Desi and other firms like Wipro, TCS, Infy, Satyam etc)
We need to look BOTH at our current situation and the path that we traveled to reach there.
more...
HereIComeGC
10-02 03:06 PM
Yeah, sticking up for the Muggle-born :)
Salary should not be drastically different, but -20-30% should not be a red flag. Can you construct a more complicated compensation agreement that would include defined compensation (salary) and your share in profits or equity of the company? On one hand, it may be a good idea overall (and will protect your friendship), on the other hand, it is a lot harder for USCIS to cause trouble if they can't clearly understand what your total compansation compared to old job would be.
Yep - putting a "confundus charm" on compensation agreement could work. Good idea. Thank you Hermione.
Salary should not be drastically different, but -20-30% should not be a red flag. Can you construct a more complicated compensation agreement that would include defined compensation (salary) and your share in profits or equity of the company? On one hand, it may be a good idea overall (and will protect your friendship), on the other hand, it is a lot harder for USCIS to cause trouble if they can't clearly understand what your total compansation compared to old job would be.
Yep - putting a "confundus charm" on compensation agreement could work. Good idea. Thank you Hermione.
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maverick_neo
08-14 06:41 PM
According to my attorney 2 things
1. You just need the receipts to travel not the Ap approval perse.
LINKS please
2. If your H1B petition is still valid, you are OK, if you notice the botton part of your petition is your original I94, so you are covered with that.
Petition does not help if you don't have a visa and one wants to travel, Visa is for entry and I94 is for staying in country
3. according to my attorney CIS will take 45 days for the RD to deliver the I797 notice to you home, so if you applied the last days of July, by the 3rd week of September you will receive the I797 notice.
As note my attorney was president of the AILA last year and her husband work in the CIS, so some how the info is trustable.
Good Luck
See above.
1. You just need the receipts to travel not the Ap approval perse.
LINKS please
2. If your H1B petition is still valid, you are OK, if you notice the botton part of your petition is your original I94, so you are covered with that.
Petition does not help if you don't have a visa and one wants to travel, Visa is for entry and I94 is for staying in country
3. according to my attorney CIS will take 45 days for the RD to deliver the I797 notice to you home, so if you applied the last days of July, by the 3rd week of September you will receive the I797 notice.
As note my attorney was president of the AILA last year and her husband work in the CIS, so some how the info is trustable.
Good Luck
See above.
more...
javadeveloper
03-17 10:56 PM
I just read in Murthy.com that if a H1B is terminated and the same company wants him back they have to pay the entire salary for the period he was out of job. (google H1B employers obligations) So i think that won't be your case. You should be on EAD.
When you are on EAD they need not inform USCIS. There is no need for you to join your old company back.
Correct.But it's surprising that my company wants to inform USCIS about my lay off even though I am using EAD to work with them.
When you are on EAD they need not inform USCIS. There is no need for you to join your old company back.
Correct.But it's surprising that my company wants to inform USCIS about my lay off even though I am using EAD to work with them.
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waitingnwaiting
05-09 10:06 AM
I guess its much better for frauds to have an EAD/AP, then they can easily bypass the checking at consulates.
For them there are strict check at airports.
For them there are strict check at airports.
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gc_vbin
03-31 12:27 PM
done!
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voldemar
03-03 09:03 PM
---
Employer pays H1B and green card costs, Period.Prove it. I trust my lawyer. She says that only H1B expenses should be paid by employer. Period.
Employer pays H1B and green card costs, Period.Prove it. I trust my lawyer. She says that only H1B expenses should be paid by employer. Period.
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santa123
08-14 07:31 AM
Good points: Here is what I think:
- future VBs
- visa availability in the coming months
FOR THIS I HAVE DISCUSSED DETAILED PREDICTION IN FOLLOWING THREAD:
http://immigrationvoice.org/forum/showthread.php?t=20863
- awareness about visa wastage
DEFINITELY A MAJOR ACHIEVEMENT. ALL THE HAPPENINGS OF THIS YEAR (USCIS AND DOL DEPOSITIONS FOR IMMIGRATION BILLS ETC..) THERE IS CLEARLY MUCH MORE AWARENESS ABOUT VISA WASTAGE AND IT APPEARS THAT THEY ARE TRYING REAL HARD TO AVOID IT...:)
- dates becoming current for most EB categories
- light at the end of tunnel for most of us
I GUESS BOTH THESE THINGS ARE THE SAME. I THINK EB2 AND EB3 ROW WILL BE CURRENT BY THE END OF THE FISCAL YEAR AND EB3 INDIA AND CHINA WILL MOVE FORWARD SIGNIFICANTLY TO USE UP THE OVERFLOW (AS THERE ARE NO 485S FILED AFTER JULY 2007). HOPEFULLY MOST EB2 WILL GET THEIR GCS IN NEXT TWO YEARS. ADDITIONAL ONE YEAR FOR EB3 INDIA AND CHINA (ONLY A GUESS)
- USCIS efficiencies
NO COMMENT ON THIS: THEY PROVED IT AGAIN....THEY CAN NEVER BE EFFICIENT...EITHER THEY DONT HAVE RESOURCES OR THEY DONT HAVE MECHANISM TO USE THEM (LIKELY LATER SCENARIO)..AND NOTHING WILL HAPPEN WITHOUT MAJOR RESTRUCTURING OF THE SYSTEM. EVEN AFTER EVERYTHING BECOMES CURRENT, THERE WILL BE PEOPLE WITH PD IN 2001 AND 2002 STILL WAITING.
Bottomline: CHANGE is happening... Hope and prayers are helping... Good luck to all
- future VBs
- visa availability in the coming months
FOR THIS I HAVE DISCUSSED DETAILED PREDICTION IN FOLLOWING THREAD:
http://immigrationvoice.org/forum/showthread.php?t=20863
- awareness about visa wastage
DEFINITELY A MAJOR ACHIEVEMENT. ALL THE HAPPENINGS OF THIS YEAR (USCIS AND DOL DEPOSITIONS FOR IMMIGRATION BILLS ETC..) THERE IS CLEARLY MUCH MORE AWARENESS ABOUT VISA WASTAGE AND IT APPEARS THAT THEY ARE TRYING REAL HARD TO AVOID IT...:)
- dates becoming current for most EB categories
- light at the end of tunnel for most of us
I GUESS BOTH THESE THINGS ARE THE SAME. I THINK EB2 AND EB3 ROW WILL BE CURRENT BY THE END OF THE FISCAL YEAR AND EB3 INDIA AND CHINA WILL MOVE FORWARD SIGNIFICANTLY TO USE UP THE OVERFLOW (AS THERE ARE NO 485S FILED AFTER JULY 2007). HOPEFULLY MOST EB2 WILL GET THEIR GCS IN NEXT TWO YEARS. ADDITIONAL ONE YEAR FOR EB3 INDIA AND CHINA (ONLY A GUESS)
- USCIS efficiencies
NO COMMENT ON THIS: THEY PROVED IT AGAIN....THEY CAN NEVER BE EFFICIENT...EITHER THEY DONT HAVE RESOURCES OR THEY DONT HAVE MECHANISM TO USE THEM (LIKELY LATER SCENARIO)..AND NOTHING WILL HAPPEN WITHOUT MAJOR RESTRUCTURING OF THE SYSTEM. EVEN AFTER EVERYTHING BECOMES CURRENT, THERE WILL BE PEOPLE WITH PD IN 2001 AND 2002 STILL WAITING.
Bottomline: CHANGE is happening... Hope and prayers are helping... Good luck to all
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tonyHK12
04-28 09:51 AM
"Revitalizing the Golden State" looks great for reading but....
- Does legalized illegals really pay taxes?
- what is the possibility that they don't depend on Gov from the day they get their Citizenship?
- Illegals are here from more than 10 years....do the average age is around 40'.... they may work for 10 more years and then depend on Gov.
It is a know truth the advantage of giving GC to Legal EB's then Illegals but as you said we need clear message posted....
We see a lot of these articles every day praising illegal immigration. How about creating a google group with volunteers that will pick up such similar articels and post a rebuttal, either online or through another website?
The one we discussed yesterday was about how illegals contribute to the economy by paying $1.5 Billion in income tax for an estimated 15-20 million illegals.
This was estimated from the 2010 Census data.
We could initially post these rebuttals online on probably a section of the IV website and also send it to other news sites.
People who are good at parsing excel/MDB, csv sheets will be useful.
Most people are not aware of our issues and contributions to society.
- Does legalized illegals really pay taxes?
- what is the possibility that they don't depend on Gov from the day they get their Citizenship?
- Illegals are here from more than 10 years....do the average age is around 40'.... they may work for 10 more years and then depend on Gov.
It is a know truth the advantage of giving GC to Legal EB's then Illegals but as you said we need clear message posted....
We see a lot of these articles every day praising illegal immigration. How about creating a google group with volunteers that will pick up such similar articels and post a rebuttal, either online or through another website?
The one we discussed yesterday was about how illegals contribute to the economy by paying $1.5 Billion in income tax for an estimated 15-20 million illegals.
This was estimated from the 2010 Census data.
We could initially post these rebuttals online on probably a section of the IV website and also send it to other news sites.
People who are good at parsing excel/MDB, csv sheets will be useful.
Most people are not aware of our issues and contributions to society.
more...
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jnicklo
04-18 12:29 AM
its ok quinton ;) you and i dont work in the design field :)
We're bums and Im my own worst enemy, and to think that I thought Pc's, Flash and small monitors were my worst enemy!! ;)
We're bums and Im my own worst enemy, and to think that I thought Pc's, Flash and small monitors were my worst enemy!! ;)
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GCBy3000
07-19 05:18 PM
Why not? They have to send the receipt notice on time. They have to send AP / EAD within certain days. Immigrants plan certain events based on these laws. If anyone decides to prepare and file a lawsuit for not getting EAD, he/she could do it now as per the law. Some one said, there is a law that they should be giving EAD in 90 days.
Again EAD is valid for only one year. You have to file in advance and you will get one year from the date of filing or approval I am not sure. If you dont get EAD on time, then youare not supposed to work. PERIOD. If this happens a lot, then lawsuit is for sure from someone like me who have family with two kids and play by rules. I have strong backing of my company HR.
If I interpret correctly you are saying because USCIS will not like to work on so many EADs and APs year after year AND SO they themselves will seek increase in annual GC numbers to clear up the mess. I wish your predictions would turn out to be true.:)
However, if enough EB GC numbers are not available, USCIS can not be repsonsibe for this. They have corrected the one mistake they did with the visa bulletin fiasco. I don't see any other basis for additional lawsuits.
Again EAD is valid for only one year. You have to file in advance and you will get one year from the date of filing or approval I am not sure. If you dont get EAD on time, then youare not supposed to work. PERIOD. If this happens a lot, then lawsuit is for sure from someone like me who have family with two kids and play by rules. I have strong backing of my company HR.
If I interpret correctly you are saying because USCIS will not like to work on so many EADs and APs year after year AND SO they themselves will seek increase in annual GC numbers to clear up the mess. I wish your predictions would turn out to be true.:)
However, if enough EB GC numbers are not available, USCIS can not be repsonsibe for this. They have corrected the one mistake they did with the visa bulletin fiasco. I don't see any other basis for additional lawsuits.
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saro28
12-10 06:44 PM
Congrats! I tried the same like you, so far INS didn't respond.
My PD 12/2001 - EB3
My wife's PD 12/204 -EB2
Filed cased independently back in 2007 (pre & post july fiasco). In september lawyer sent
a letter to INS with marriage certificate to adjudicate both the cases together. By september end INS promptly approved my wife's GC. When I spoke to INS over phone, they mentioned the letter is of no use, since my wife's case is approved.:confused:
Any suggestions how to proceed. Out of job now, moving on to EAD from H1 after 10 years!
My PD 12/2001 - EB3
My wife's PD 12/204 -EB2
Filed cased independently back in 2007 (pre & post july fiasco). In september lawyer sent
a letter to INS with marriage certificate to adjudicate both the cases together. By september end INS promptly approved my wife's GC. When I spoke to INS over phone, they mentioned the letter is of no use, since my wife's case is approved.:confused:
Any suggestions how to proceed. Out of job now, moving on to EAD from H1 after 10 years!
kumar1
05-27 11:59 AM
Sure Buddy !! Sure !!
So....What's the point? The employees at USCIS are humans too. Give them a break will ya? They are doing the best they can to accomodate everyone in here.
So....What's the point? The employees at USCIS are humans too. Give them a break will ya? They are doing the best they can to accomodate everyone in here.
meridiani.planum
04-03 12:09 PM
18.
Regulations
Please provide an update on the status of regulations regarding the following: AC21, CSPA, T regulations for adjustment of status, EB-5, and religious workers.
Response: The AC21 rule and the EB-5 Special Class rule are both undergoing revision and should be published in the near future.
I wonder what the AC21 rule revision is going to be?
good catch. Yeah that one is a bit scary. I believe they said somewhere that they were going to tighten the AC-21 requirements, and if they do so, then it will also apply retroactively (meaning if htey say salary cannot change by more than 10%, and someone invoked AC-21 to a new job with salary change of 30% that person could potentially be in trouble). I hope they dont do that (I myself have invoked AC-21 with >40% salary change!)
Regulations
Please provide an update on the status of regulations regarding the following: AC21, CSPA, T regulations for adjustment of status, EB-5, and religious workers.
Response: The AC21 rule and the EB-5 Special Class rule are both undergoing revision and should be published in the near future.
I wonder what the AC21 rule revision is going to be?
good catch. Yeah that one is a bit scary. I believe they said somewhere that they were going to tighten the AC-21 requirements, and if they do so, then it will also apply retroactively (meaning if htey say salary cannot change by more than 10%, and someone invoked AC-21 to a new job with salary change of 30% that person could potentially be in trouble). I hope they dont do that (I myself have invoked AC-21 with >40% salary change!)