meridiani.planum
09-14 02:48 AM
first of all congrates! I wish Goodluck to everyone waiting for GC....
Life after GC: These issues are already discussed on IV In detail.
Check it out - valuable info: http://immigrationvoice.org/forum/forum95-life-after-greencard/25349-life-after-gc-dos-and-donots.html
Check out the Official govt document for new immigrants:
Welcome to the United States - A Guide for New Immigrants
http://www.uscis.gov/files/nativedocuments/M-618.pdf
Enjoy your Green Card! and do Pray for good luck for all IV members :)
I am keeping a printout taken in a very large font, of those docs. God alone knows how my eyesight will be in old age when the VB rolls around to my PD and that document becomes useful to read.
Life after GC: These issues are already discussed on IV In detail.
Check it out - valuable info: http://immigrationvoice.org/forum/forum95-life-after-greencard/25349-life-after-gc-dos-and-donots.html
Check out the Official govt document for new immigrants:
Welcome to the United States - A Guide for New Immigrants
http://www.uscis.gov/files/nativedocuments/M-618.pdf
Enjoy your Green Card! and do Pray for good luck for all IV members :)
I am keeping a printout taken in a very large font, of those docs. God alone knows how my eyesight will be in old age when the VB rolls around to my PD and that document becomes useful to read.
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gc_chahiye
12-04 12:59 AM
Optimist, thanks for the clarification. Do you get a 3 year extention if?
a) I140 is aproved
b) I140 filed but pending
Thx
To get a 3 year extension:
* I-140 needs to be approved, AND
* your PD in the current months VB needs to be retrogressed.
If I-140 is still pending, either it needs to be pending >365 days, or your LC itself should have been filed >365 days ago.
a) I140 is aproved
b) I140 filed but pending
Thx
To get a 3 year extension:
* I-140 needs to be approved, AND
* your PD in the current months VB needs to be retrogressed.
If I-140 is still pending, either it needs to be pending >365 days, or your LC itself should have been filed >365 days ago.
sreeanne
02-27 07:44 PM
Its better to have LC copy with you, so that you know for what position your employer applied GC.
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bbenhill
05-22 02:51 PM
Don't worry so much.... just get someone who you love and marry that person :) sometimes your situation can get better than now .. it happened with me too .. and also you can have someone who can share ur feeling with :cool:
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joydiptac
05-28 01:54 PM
....
Wake up people .... E-filing is better than paper filing !!!
Why me and some other Desis still do not e-file - cause, most likely our company lawyers takes care of it. And it works just as well. We get to do the all important task of signing the papers. :D
Good point though... seriously consider e-filing next time. With the retrogressed dates and no CIR in sight, most of us Desis will get ample opportunity to test out newer technologies by the time we get our GCs. :D
Everyone, have a great long weekend!
Wake up people .... E-filing is better than paper filing !!!
Why me and some other Desis still do not e-file - cause, most likely our company lawyers takes care of it. And it works just as well. We get to do the all important task of signing the papers. :D
Good point though... seriously consider e-filing next time. With the retrogressed dates and no CIR in sight, most of us Desis will get ample opportunity to test out newer technologies by the time we get our GCs. :D
Everyone, have a great long weekend!
jsb
12-17 02:35 PM
Thank you very much for valuable answer. I appreciate LazyCIS, pmb76 and sam. Then I will wait till 180 days to go.
Just to clarify, Do I need to look / take jobs only permanent after 180 days?
Thank you,
Mani
As other members have advised, until 180 days+, maintain good relationship with your current employer as if you are going to be with them for ever (don't even give an inkling that you might be planning to leave). After 180 days you may leave, but you will have to find a new employer who is willing to hire you on permanent basis upon getting you GC for same/similar job as in the LC. What you do until your GC is approved (contract job with this employer or something else) is a different matter. Those employments can be on EAD, H1, temp/permanent, etc.
Just to clarify, Do I need to look / take jobs only permanent after 180 days?
Thank you,
Mani
As other members have advised, until 180 days+, maintain good relationship with your current employer as if you are going to be with them for ever (don't even give an inkling that you might be planning to leave). After 180 days you may leave, but you will have to find a new employer who is willing to hire you on permanent basis upon getting you GC for same/similar job as in the LC. What you do until your GC is approved (contract job with this employer or something else) is a different matter. Those employments can be on EAD, H1, temp/permanent, etc.
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thomachan72
08-17 02:06 PM
EB2 is for advanced degree with exceptional ability.
3 year degree is not a advanced degree. (Here will consider as 3 year college studies- may be comparable to an associate degree or greater)
Diploma is not considered for GC. It is useful for H1B.
Try in EB3. Still not give 100% guarentee.
They need 4 year single source education/degree, for US equivalent.
My friend with 3 year degree + 1 year B.ED degree + 2 year MSc denied for EB2 for education. Evaluation done with most advanced evaluator. Still denied, now on appeal with AAO. Even with 6 year total university studies not accepted. How they accept your 3 year degree.
USCIS refers to EDGE database. It is not equate 3 year with US bachelor degree.
It equate 3+2 Indian degree (not diploma) to US 4 year degree.
Agree with what you pointed out but shouldn't the attorney know this?? If this cannot be apealed this individual has lost valuable time and money (attorney looses nothing). I am curious to know what the attorney says about this:mad:
3 year degree is not a advanced degree. (Here will consider as 3 year college studies- may be comparable to an associate degree or greater)
Diploma is not considered for GC. It is useful for H1B.
Try in EB3. Still not give 100% guarentee.
They need 4 year single source education/degree, for US equivalent.
My friend with 3 year degree + 1 year B.ED degree + 2 year MSc denied for EB2 for education. Evaluation done with most advanced evaluator. Still denied, now on appeal with AAO. Even with 6 year total university studies not accepted. How they accept your 3 year degree.
USCIS refers to EDGE database. It is not equate 3 year with US bachelor degree.
It equate 3+2 Indian degree (not diploma) to US 4 year degree.
Agree with what you pointed out but shouldn't the attorney know this?? If this cannot be apealed this individual has lost valuable time and money (attorney looses nothing). I am curious to know what the attorney says about this:mad:
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vijju123
05-01 01:37 AM
Very well written blog
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greencardfever
02-17 02:16 PM
So if I do an H1B transfer to another company, there is no way to file a dependent 485 application for my future spouse?
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eagerr2i
07-10 01:10 AM
The aim of participation on these talk shows is two fold- One to increase the awareness amongst the general masses regarding the problems being faced by legals as the masses are mostly ignorant about out situation. Secondly, for people who are waiting for their GC's and could be potentail members of Immigration Voice for them to join the organization. It has been proven time and again that there is strength in numbers and also the organization needs resources from it's members.
It is a logistical challange to put a program like this together with the host and the panel and IV did a good job at it with knowledgebile authorities like Stuart coming out strongly supporting our cause. Every one felt that the moderation could have been better. It is the skill of Larry King or Neil Conan of NPR that sets them apart but some times there are moderators who are very knowledgible, not necessarily on every issue but are challenged becuase of their heavy accent and other reasons.
One of the posts questioned about the publicity stunt of having a senator on the program. I am not sure if every one realizes the amount of ground work that has to be done to make that happen and must I say that all the efforts were made to get them but it did not work out finally in the end because of issues with timing.
Over all, in my opinion, it was a good program and served IV's agenda.
It is a logistical challange to put a program like this together with the host and the panel and IV did a good job at it with knowledgebile authorities like Stuart coming out strongly supporting our cause. Every one felt that the moderation could have been better. It is the skill of Larry King or Neil Conan of NPR that sets them apart but some times there are moderators who are very knowledgible, not necessarily on every issue but are challenged becuase of their heavy accent and other reasons.
One of the posts questioned about the publicity stunt of having a senator on the program. I am not sure if every one realizes the amount of ground work that has to be done to make that happen and must I say that all the efforts were made to get them but it did not work out finally in the end because of issues with timing.
Over all, in my opinion, it was a good program and served IV's agenda.
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hpandey
08-20 03:51 PM
I Still think we have a good chance atleast all those with priority date before today.
The economy is not improving and I doubt if it will in next 4-5 years. Even though there is slight improvent the jobless claims went up
U.S. Initial Jobless Claims Rose by 15,000 to 576,000 (Update1) - Bloomberg.com (http://www.bloomberg.com/apps/news?pid=20601087&sid=aMhGnVzXaSfM)
No way nurses and EB1 would count more than 5-6k per year....
Even out of the 30-40k like I said before about 50% would be from india and china (mostley Eb3) with later priority dates which puts them behind us
Eb2 Filings have drasticaally gone down because of the USCIS rule
Even after giving away all spill over visas to EB2 india and china they will have a lot of visas pending and If USCIS has made the decision that no Visa will go wasted period then we definitely have a great chance
Again my assumption is based on the FACT that USCIS has a policy that all employment Visa numebrs must be used
Lets keep it simple. In the next 4 years there will be 140k * 4 = 560K visas and I would say out of that the only ones with priority before Eb3 india and China are
Eb1 ROW +india & china
EB2 ROW
EB2 India + china (very limited new cases)
and I don't think the above categories would count more than 150k which should leave a lot of pending visas for Eb3
Which would leave a lot of Visa numbers for Eb3 India/china and ROW
Only time would tell if you are right or wrong but I like your view. Shows a ray of hope in an otherwise bleak outlook of the future.
:)
The economy is not improving and I doubt if it will in next 4-5 years. Even though there is slight improvent the jobless claims went up
U.S. Initial Jobless Claims Rose by 15,000 to 576,000 (Update1) - Bloomberg.com (http://www.bloomberg.com/apps/news?pid=20601087&sid=aMhGnVzXaSfM)
No way nurses and EB1 would count more than 5-6k per year....
Even out of the 30-40k like I said before about 50% would be from india and china (mostley Eb3) with later priority dates which puts them behind us
Eb2 Filings have drasticaally gone down because of the USCIS rule
Even after giving away all spill over visas to EB2 india and china they will have a lot of visas pending and If USCIS has made the decision that no Visa will go wasted period then we definitely have a great chance
Again my assumption is based on the FACT that USCIS has a policy that all employment Visa numebrs must be used
Lets keep it simple. In the next 4 years there will be 140k * 4 = 560K visas and I would say out of that the only ones with priority before Eb3 india and China are
Eb1 ROW +india & china
EB2 ROW
EB2 India + china (very limited new cases)
and I don't think the above categories would count more than 150k which should leave a lot of pending visas for Eb3
Which would leave a lot of Visa numbers for Eb3 India/china and ROW
Only time would tell if you are right or wrong but I like your view. Shows a ray of hope in an otherwise bleak outlook of the future.
:)
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nozerd
12-24 12:56 PM
I recently came across an old friend of mine. I was shocked to hear his case. He is an original applicant EB3 India with PD of September 1998. Please note he is the original applicant and this is not labor substitution.
Here are the details
Sep 1998 : Applied with Texas Workforce Commision as regular Non RIR.
Oct 2001: TWC asked to do recruitment. No action was taken on submitting results.
October 2006 : Labor finally approved from Dallas BEC. Concurrently file I 140 and I 485.
Jan 2007 : I 140 approved.
Nov 2007: Took Infopass appointment. Was told case pending name check.
This case is absolutely amazing. My friend doesnt care anymore since he recently married US citizen (genuine case ABCD). He has worked at the same company since 1998 and stuck to stupid job (non IT). My PD is August 2001 and seeing his case I am getting mentally prepared for much much longer wait.
Thanks
Here are the details
Sep 1998 : Applied with Texas Workforce Commision as regular Non RIR.
Oct 2001: TWC asked to do recruitment. No action was taken on submitting results.
October 2006 : Labor finally approved from Dallas BEC. Concurrently file I 140 and I 485.
Jan 2007 : I 140 approved.
Nov 2007: Took Infopass appointment. Was told case pending name check.
This case is absolutely amazing. My friend doesnt care anymore since he recently married US citizen (genuine case ABCD). He has worked at the same company since 1998 and stuck to stupid job (non IT). My PD is August 2001 and seeing his case I am getting mentally prepared for much much longer wait.
Thanks
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dba9ioracle
09-18 11:12 AM
Many asked you about H1B employees...but I have a different question for you...
Do you place consultants (and they are not your employees) thru vendor to the client place ? Like just forwarding resume to vendor (not to client) and charge every hour say 5-20$ per hour as long as the consultant is on the project for just forwarding the resume ? I know many desi employers do so I wanted to ask you.
Do you place consultants (and they are not your employees) thru vendor to the client place ? Like just forwarding resume to vendor (not to client) and charge every hour say 5-20$ per hour as long as the consultant is on the project for just forwarding the resume ? I know many desi employers do so I wanted to ask you.
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dilbert_cal
10-08 11:51 AM
If a person has a copy of 140 approval, can he/she port the PD even
if the employer revoke it?
thanks
babu
Different lawyers have different opinion about it. Some believe you lose the PD once the 140 is revoked but others believe the PD is yours for life even if the underlying 140 is revoked later on.
There are some risks in changing jobs based on 140 and depending on your personal situation, you got to decide whether the risk is worthy or not.
One reason that all lawyers agree on is you can lose your PD if the 140 is revoked for fraud. But then thats a completely different ball game.
if the employer revoke it?
thanks
babu
Different lawyers have different opinion about it. Some believe you lose the PD once the 140 is revoked but others believe the PD is yours for life even if the underlying 140 is revoked later on.
There are some risks in changing jobs based on 140 and depending on your personal situation, you got to decide whether the risk is worthy or not.
One reason that all lawyers agree on is you can lose your PD if the 140 is revoked for fraud. But then thats a completely different ball game.
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maheshf
01-24 09:22 PM
Thank you all for information. I confirmed with our lawyer one more time
here is the response
"It is the combination of her I-485 receipt and the EAD that demonstrate her current status of adjustment applicant. If the admissions people are confused they need to talk with their foreign student advisor who should be well versed in this stuff. She is no longer an F-1 and therefore not subject to any F-1 rules �
I guess it's up to the school to determine if they will allow her to finish her degree on AOS/EAD. some of you suggested ..school can make rules. We suggested to school that that other school do allow partial course load in certain situations. They say it may be true ..but they don't have that policy.
If they don't allow her..i don't see any option but to fork up 7-8K. It would be great if you can provide me an official document /link indicating she can study during AOS.
Do you see any problem if I say please go ahead and report it to INS ? I don�t see any problem as long as they allow her to finish her degree.
here is the response
"It is the combination of her I-485 receipt and the EAD that demonstrate her current status of adjustment applicant. If the admissions people are confused they need to talk with their foreign student advisor who should be well versed in this stuff. She is no longer an F-1 and therefore not subject to any F-1 rules �
I guess it's up to the school to determine if they will allow her to finish her degree on AOS/EAD. some of you suggested ..school can make rules. We suggested to school that that other school do allow partial course load in certain situations. They say it may be true ..but they don't have that policy.
If they don't allow her..i don't see any option but to fork up 7-8K. It would be great if you can provide me an official document /link indicating she can study during AOS.
Do you see any problem if I say please go ahead and report it to INS ? I don�t see any problem as long as they allow her to finish her degree.
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gcnirvana
05-17 05:52 PM
Sorry to bump it up as I know all are busy glued to the CIR thread and applying 485. But I have an appoitment with the local immi officer and thought any advice here would supplement my discussion with him/her. Thanks again!
more...
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angelfire76
12-04 12:11 PM
We all know this EB3-EB2 game is total non-sense and unjust.
So many extra-ordinary people who could/should have been in EB2 are in EB3 simply because : corporate lawyer filed in wrong category, they did not want to work for a desi employer who would file in EB2 in exchange for a lot of things, they did not want to buy an approved labor and create fake experience certs/affidavits, or for various other family/job realated reasons which have nothing to do with his/her education/skills/experience.
At the same time, a lot of street smart people got their EB2 labor/I140 approved while they worked at gas stations.
In my opinion all IT professionals, MBA's, Lawyers, Doctors and all other BE/Btech/ME/MTech engg. should be in SAME category (EB2 or EB3). The only people who should be in a preferred category are the scientists who are actually working as research scientists for a govt or non-profit organization (not just anyone who bought a PhD from Dhanabad University for Rs 15000).
If there must be EB2 vs. EB3 then it should be based on a well-defined, measurable and well followed criteria, for example a aptitude/IQ test, interview/GD, there are many other ways to cover all types of talents.
There is already a preferred category for research scientists worth their salt: EB1 with NIW. What's there to say that an IQ test / aptitude test cannot be gamed?
EB2 vs EB3 already has a well defined criteria: job requirements. You could be a Ph.d from a hot-shot university, but may not be able to perform or may not be as valuable to a company as somebody with BS/MS with x yrs of work related experience.
Also if you are truly extraordinary, then it should be a cinch to scale up the corporate ladder and apply for a green card when you've reached a position that can qualify as EB2. No: you want to have your cake and eat it too: i.e. get an early PD and also apply in a faster (is it really now?) category. Can't sympathize with that.
So many extra-ordinary people who could/should have been in EB2 are in EB3 simply because : corporate lawyer filed in wrong category, they did not want to work for a desi employer who would file in EB2 in exchange for a lot of things, they did not want to buy an approved labor and create fake experience certs/affidavits, or for various other family/job realated reasons which have nothing to do with his/her education/skills/experience.
At the same time, a lot of street smart people got their EB2 labor/I140 approved while they worked at gas stations.
In my opinion all IT professionals, MBA's, Lawyers, Doctors and all other BE/Btech/ME/MTech engg. should be in SAME category (EB2 or EB3). The only people who should be in a preferred category are the scientists who are actually working as research scientists for a govt or non-profit organization (not just anyone who bought a PhD from Dhanabad University for Rs 15000).
If there must be EB2 vs. EB3 then it should be based on a well-defined, measurable and well followed criteria, for example a aptitude/IQ test, interview/GD, there are many other ways to cover all types of talents.
There is already a preferred category for research scientists worth their salt: EB1 with NIW. What's there to say that an IQ test / aptitude test cannot be gamed?
EB2 vs EB3 already has a well defined criteria: job requirements. You could be a Ph.d from a hot-shot university, but may not be able to perform or may not be as valuable to a company as somebody with BS/MS with x yrs of work related experience.
Also if you are truly extraordinary, then it should be a cinch to scale up the corporate ladder and apply for a green card when you've reached a position that can qualify as EB2. No: you want to have your cake and eat it too: i.e. get an early PD and also apply in a faster (is it really now?) category. Can't sympathize with that.
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rbharol
08-31 01:34 PM
100% of the calls to today's program were from anti-H1B people. Not 1 call supported the H1Bs. If corporates are supporting more GCs for us, and since the fate of H1B/Employment GCs is linked, we ought to support H1B legislation.
How can we get an advance notification of this recordings?? Seems the anti-immigrant forces have the inside tack
here...
Also, the C-SPAN commentator on H1B/immigration issues is frequntly Dena Bunis of the Orange County register. She said the corporate lobbies "have convinced congressman" there is a shortage...implying that there wasn't one. She needs to be contacted . Here contact info (202) 628-6381 or dbunis@ocregister.com
Will it be a good idea to send Lance Kapman's testimony to her?
How can we get an advance notification of this recordings?? Seems the anti-immigrant forces have the inside tack
here...
Also, the C-SPAN commentator on H1B/immigration issues is frequntly Dena Bunis of the Orange County register. She said the corporate lobbies "have convinced congressman" there is a shortage...implying that there wasn't one. She needs to be contacted . Here contact info (202) 628-6381 or dbunis@ocregister.com
Will it be a good idea to send Lance Kapman's testimony to her?
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arihant
10-05 09:30 PM
Pappu, I sent you a PM
Does anybody recall an old TV serial in India named 'Appu aur Pappu' about a boy and his elephant?! :D
Looks like the long GC wait is turning me into a crazy person if I start recalling such old serials! :(
Does anybody recall an old TV serial in India named 'Appu aur Pappu' about a boy and his elephant?! :D
Looks like the long GC wait is turning me into a crazy person if I start recalling such old serials! :(
raysaikat
01-15 12:59 PM
Thank you for your response raysaikat! Could you please rephrase your first part of the answer "This is not a valid reasoning. The "no" is not related to immigration intent. It is related to if you made factually correct statements."? It's a bit confusing.
There are two different things. (i) Intention to commit immigration fraud by mis-representing facts; (ii) Intention to immigrate.
By returning from the US after your trip, you have proved (ii) to be false (i.e., you did not have intention to immigrate at least at that time). However, that evidence does not prove (i) to be false.
You're saying I need to *prove* that I have no intention for immigrating to US. Do you mean that they must clearly see that I have no intention to stay in the US after I finish college?
Yes, it is a requirement for issuing F-1.
The I-130 form is pending so it's obvious I have such intentions. However, the process takes a very long time. Do you think that if I prove that I plan to go back home after school and then wait for the process in my home country I'll be issued a visa?
Good question, and I do not know the answer. What you say may be true. Please consult a qualified attorney (or ask your brother to consult one).
Do they have information regarding the "I-130" process in their database?
Yes. The IO should have access to all prior and pending immigration related activities associated with you.
I mean there is a chance they don't even ask about it. Well, last time we applied they didn't.
Also, do you think that my previous false response to the application form question could in some way affect my I-130 process? I mean I've returned back so in my understanding it shouldn't be a problem. Please explain.
It should not affect your I-130, but again, I am not a lawyer and you seem to need reliable answers (i.e., you need to consult a lawyer).
If I get lucky and get a visa issued. What happens next? Is it easy to switch to a working "H1B" visa from "F-1" visa and maintain this status until the end of the "I-130" process?
Yes, H1-B is dual-intent. I.e., you do not need to prove non-immigration intent for getting an H1-B stamp.
Is it ok to leave the country while on "H1B" status while "I-130" pending? Please comment. Thank you.
I am not familiar about I-130 that much. If I-130 is similar to I-140, then it is okay to leave US while it is pending. However, if you file I-485, then you must have Advanced Parole before leaving US. Again, a question for a lawyer.
There are two different things. (i) Intention to commit immigration fraud by mis-representing facts; (ii) Intention to immigrate.
By returning from the US after your trip, you have proved (ii) to be false (i.e., you did not have intention to immigrate at least at that time). However, that evidence does not prove (i) to be false.
You're saying I need to *prove* that I have no intention for immigrating to US. Do you mean that they must clearly see that I have no intention to stay in the US after I finish college?
Yes, it is a requirement for issuing F-1.
The I-130 form is pending so it's obvious I have such intentions. However, the process takes a very long time. Do you think that if I prove that I plan to go back home after school and then wait for the process in my home country I'll be issued a visa?
Good question, and I do not know the answer. What you say may be true. Please consult a qualified attorney (or ask your brother to consult one).
Do they have information regarding the "I-130" process in their database?
Yes. The IO should have access to all prior and pending immigration related activities associated with you.
I mean there is a chance they don't even ask about it. Well, last time we applied they didn't.
Also, do you think that my previous false response to the application form question could in some way affect my I-130 process? I mean I've returned back so in my understanding it shouldn't be a problem. Please explain.
It should not affect your I-130, but again, I am not a lawyer and you seem to need reliable answers (i.e., you need to consult a lawyer).
If I get lucky and get a visa issued. What happens next? Is it easy to switch to a working "H1B" visa from "F-1" visa and maintain this status until the end of the "I-130" process?
Yes, H1-B is dual-intent. I.e., you do not need to prove non-immigration intent for getting an H1-B stamp.
Is it ok to leave the country while on "H1B" status while "I-130" pending? Please comment. Thank you.
I am not familiar about I-130 that much. If I-130 is similar to I-140, then it is okay to leave US while it is pending. However, if you file I-485, then you must have Advanced Parole before leaving US. Again, a question for a lawyer.
inskrish
07-20 07:03 PM
My Birth Certificate is in the Regional Language of the State that I was born in India. The name of my parents are in English and misspelled. please advice what additional supporting documents do I need to submit for filing I-485.
Please advice.
Hi Sxk,
You have to contact a certified foreign language translator in your area and get your document translated in to English, but I am not sure how to handle the spelling mistake issue. However, spelling mistake in parents name is not a major issue, and USCIS will send RFE when there is a spelling mistake in applicants' names.
Regards,
IK
Please advice.
Hi Sxk,
You have to contact a certified foreign language translator in your area and get your document translated in to English, but I am not sure how to handle the spelling mistake issue. However, spelling mistake in parents name is not a major issue, and USCIS will send RFE when there is a spelling mistake in applicants' names.
Regards,
IK