lazycis
08-15 02:14 PM
In most critical situations a person can file a lawsuit in federal court and ask court to 1) compel USCIS to process your EAD within 1-2 days and 2) enjoin DHS from going after the employer if person continues working with expired EAD. Part 2 is available only if employer wants to participate in a lawsuit. Otherwise, file it yourself, it requires the same amount of time as filing for EAD.
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SGP
12-31 06:23 AM
Thanks SGP. Did I read this correctly ? you switched in 9th yr of h1 ? was ur I-485 pending or did u have EAD to change ? I just have I-140 approved. so if I change to a new job now, can the new employer use this old I-140 for extensions ? can new employer ask USCIS to port old priority date ?
floridasun: Yes, you are reading it right. I switched in the 9th yr of H1. As you can see from my signature I am yet waiting to apply for I-485. I have an approved I140 based on which I switched from Company A to Company B. The only things I had to do was transfer H1 to Company B and start New Labor. Once new labor is approved then, will have to do New I-140. You can ask USCIS for old priority date at the stage when you apply for new I-140. The new labor and I-140 can take anywhere between 6 to 8 months. Your old employer cannot revoke your approved I-140. Make sure that you have the copy of the approved I-140 before you quit.
Don't worry go for it. I know what it feels like.
Good Luck!
If you will be benefited by “I-485 filing without current priority Date”, please vote YES on the Poll.
Then please send an email to ivcoordinator@gmail.com with subject - "I485 filing without current PD - Impacted Member". Include your 1) IV username 2) Email address 3) Ph#, 4) State of Residence so that grassroot efforts can be coordinated. Please refer to the first post on the thread and use the flier,talk to your friends/colleagues to spread the message.We need all members to get involved.
floridasun: Yes, you are reading it right. I switched in the 9th yr of H1. As you can see from my signature I am yet waiting to apply for I-485. I have an approved I140 based on which I switched from Company A to Company B. The only things I had to do was transfer H1 to Company B and start New Labor. Once new labor is approved then, will have to do New I-140. You can ask USCIS for old priority date at the stage when you apply for new I-140. The new labor and I-140 can take anywhere between 6 to 8 months. Your old employer cannot revoke your approved I-140. Make sure that you have the copy of the approved I-140 before you quit.
Don't worry go for it. I know what it feels like.
Good Luck!
If you will be benefited by “I-485 filing without current priority Date”, please vote YES on the Poll.
Then please send an email to ivcoordinator@gmail.com with subject - "I485 filing without current PD - Impacted Member". Include your 1) IV username 2) Email address 3) Ph#, 4) State of Residence so that grassroot efforts can be coordinated. Please refer to the first post on the thread and use the flier,talk to your friends/colleagues to spread the message.We need all members to get involved.
pcs
05-22 03:28 PM
Can some memebers come forward to keep this thread up as WE NEED CONTRIBUTIONS !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
thanks
thanks
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sbabunle
04-09 05:58 PM
Alisa
Best post so far on this thread :D
I will never go back. I'll stay legal as long as I could.
And then I'll stay illegal and make mone :D :D :D
babu
You can't get more than 10K people to sign up to IV.
And you can't get more than 300 people to sign up for $20 per month.
What makes you think you can convince 20-30K people to move with you?
:)
Best post so far on this thread :D
I will never go back. I'll stay legal as long as I could.
And then I'll stay illegal and make mone :D :D :D
babu
You can't get more than 10K people to sign up to IV.
And you can't get more than 300 people to sign up for $20 per month.
What makes you think you can convince 20-30K people to move with you?
:)
more...
hunkuncontrolled
04-02 12:59 PM
Please do not misinterpret IV.
If tomorrow there is a bill to stop all H1B from coming to USA or to make life difficult for H1B, do you really think we will keep quiet just because we have filed our greencards?
Do you know IV worked hard for decoupling of H4 time from H1 in 2006 and we thought nothing may happen and started to focus on next action item. Then few months later it was changed. That was the first small step.
I would appreciate if you ask your spouse if she/he can volunteer time for IV. You both can get more involved. Send us an email if you are interested. We are always interested in people who can volunteer more time than us (We do full time jobs too. A couple of us also are enrolled in a part time degree program). We are willing to have such an H4 be a leader in IV.
IV is a platform that will allow you voice your plight. But you will need to come forward and be willing to actively work on it with others. If the strategy is right, you are committed and have right intentions there is no reason why IV will not help.
Thanks .
If tomorrow there is a bill to stop all H1B from coming to USA or to make life difficult for H1B, do you really think we will keep quiet just because we have filed our greencards?
Do you know IV worked hard for decoupling of H4 time from H1 in 2006 and we thought nothing may happen and started to focus on next action item. Then few months later it was changed. That was the first small step.
I would appreciate if you ask your spouse if she/he can volunteer time for IV. You both can get more involved. Send us an email if you are interested. We are always interested in people who can volunteer more time than us (We do full time jobs too. A couple of us also are enrolled in a part time degree program). We are willing to have such an H4 be a leader in IV.
IV is a platform that will allow you voice your plight. But you will need to come forward and be willing to actively work on it with others. If the strategy is right, you are committed and have right intentions there is no reason why IV will not help.
Thanks .
sparky_jones
02-23 01:38 PM
Yes, most Attorneys advise against proactive filing primarily because AC21 has no formal process associated like form, fee, reciepting or standard. It is based on guidance, most times the AC21 docs may or may not reach your file.
Some Attorneys advise the HR to proactively file for AC21. There is one company (huge) where when you are being offered a job on EAD after AC21 - the HR dept makes a big fuss - asks for all documents like copy if Labor, 140, 485 reciept any any other documents and then makes you sign G 28 and then file for a G28 change in Attorney and associate AC21 docs with those. I guess, the Attorneys charge money so it is a business. If RFE or denial - then more money.
My recomendation is to hire a ethical and realistic lawyer and not a greedy one
Assuming that AC21 documentation does reach my file, is there any harm in it?
Some Attorneys advise the HR to proactively file for AC21. There is one company (huge) where when you are being offered a job on EAD after AC21 - the HR dept makes a big fuss - asks for all documents like copy if Labor, 140, 485 reciept any any other documents and then makes you sign G 28 and then file for a G28 change in Attorney and associate AC21 docs with those. I guess, the Attorneys charge money so it is a business. If RFE or denial - then more money.
My recomendation is to hire a ethical and realistic lawyer and not a greedy one
Assuming that AC21 documentation does reach my file, is there any harm in it?
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GKBest
10-23 10:40 PM
feb 06
YOU ARE INDEED LUCKY! I THOUGHT THE CURRENT PRIORITY DATE for EB3 WORLD is August 2002. MAYBE THERE ARE NO MORE 2002-2005 WAITING FOR EB3 WORLD. THEY NEED TO REVISE THE VISA BULLETIN. HOPE I WILL BE PICKED NEXT....MY LC WAS FILED JAN. 2006...A MONTH AHEAD OF YOU.
YOU ARE INDEED LUCKY! I THOUGHT THE CURRENT PRIORITY DATE for EB3 WORLD is August 2002. MAYBE THERE ARE NO MORE 2002-2005 WAITING FOR EB3 WORLD. THEY NEED TO REVISE THE VISA BULLETIN. HOPE I WILL BE PICKED NEXT....MY LC WAS FILED JAN. 2006...A MONTH AHEAD OF YOU.
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Michael chertoff
12-30 08:49 PM
I always loved this board for what it does - especially the Gurus who always spend their precious time giving input to member's queries. Well... this is not query. I just want to vent my frustration, helplessness to fellow friends in this board. In spite of graduating from a reputed univ with a Masters and very good GPA and also having 7 years of professional experience, I am bound to be a slave to my current Employer without any promotions, career growth or anything remote to that for next (God knows how many Decades) several years. ppl who are junior to me in every aspect are growing left and right and are also getting brighter opportunities. I dont care if you guys think I am jealous of them.... But does God really exist ? sorry for wasting your time with this depressing note. I guess there is a limit to how unlucky I can be !! call me a cry baby but I am one real unlucky individual !
How old are you my dear friend?
MC
How old are you my dear friend?
MC
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gceverywhere
03-19 02:55 PM
What are you talking about? Let me have two of whatever you are smoking or drinking.
You have it all wrong. Your experience or qualification DO NOT QUALIFY you for EB2. It is the requirement of JOB that matters. GOT IT.
Now go scream your lungs out in front of the Capitol, Yelling "DISCRIMINATION".:mad:
Instead of finding his faults, wouldn't it be easier to show some empathy to the point he is raising?
IV has to do something specifically for EB3 I soon or else we'll lose the confidence of a lot of supporters. 2001...are you kidding me?
You have it all wrong. Your experience or qualification DO NOT QUALIFY you for EB2. It is the requirement of JOB that matters. GOT IT.
Now go scream your lungs out in front of the Capitol, Yelling "DISCRIMINATION".:mad:
Instead of finding his faults, wouldn't it be easier to show some empathy to the point he is raising?
IV has to do something specifically for EB3 I soon or else we'll lose the confidence of a lot of supporters. 2001...are you kidding me?
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wizpal
02-25 01:00 PM
I don't know how to open a thread to run a poll to track the number of people ready to send flowers to white house/president to highlight our case to buy houses if there is a a provision to approve GCs on a fast-track basis. With a substantial fast track fee (>4000 dollars) and 20% down payment toward house payment, we have a strong case. If we get hundreds of people ready to send to flowers, may be IV can make it an action item.
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invincibleasian
03-27 02:01 PM
My request is 82K something in a queue of 89k. Applied in the 1st week of Jan2007. Que status as of MAR 2nd 2007!!
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canadaPR
07-21 09:18 PM
I am from India and I have worked in the USA for the last 6 years. I have immigrated to Canada with a Job 6 months back to avoid overystaying. My experience in Canada is very bad. I am a MCAD and Sun Certifitied Developer having more than 8 years experience. I am looking for a job for more than 3 months in Canada and still not able to get a job. There is lots of racism here and people are not polite. I have been regularly applying for .NET jobs and the response is very bad. Maybe because I am from India. Try avoiding Canada as much as you can.
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Humhongekamyab
01-15 03:07 PM
I went through the Federal Firearm Law and here is what I found:
(d) It shall be unlawful for any person to sell or otherwise dispose of any firearm or ammunition to any person knowing or having reasonable cause to believe that such person�
(5) who, being an alien�
(A) is illegally or unlawfully in the United States; or
(B) except as provided in subsection (y)(2), has been admitted to the United States under a nonimmigrant visa (as that term is defined in section 101(a)(26) of the Immigration and Nationality Act (8 U.S.C. 1101 (a)(26)));
-----------------------------------------------------------------------------------------------
(y) Provisions Relating to Aliens Admitted Under Nonimmigrant Visas.�
(1) Definitions.� In this subsection�
(A) the term �alien� has the same meaning as in section 101(a)(3) of the Immigration and Nationality Act (8 U.S.C. 1101 (a)(3)); and
(B) the term �nonimmigrant visa� has the same meaning as in section 101(a)(26) of the Immigration and Nationality Act (8 U.S.C. 1101 (a)(26)).
(2) EXCEPTIONS: Subsections (d)(5)(B), (g)(5)(B), and(s)(3)(B)(v)(II) do not apply to any alien who has been lawfully admitted to the United States under a nonimmigrant visa, if that alien is:
(A) admitted to the United States for lawful hunting or sporting purposes or is in possession of a hunting license or permit lawfully issued in the United States;
(B) an official representative of a foreign government who is:
(i) accredited to the United States Government or the Government's mission to an international organization having its headquarters in the United States;or
(ii) en route to or from another country to which that alien is accredited;
101(a)(3) The term "alien" means any person not a citizen or national of the United States.
-----------------------------------------------------------------------------------------------
101(a)(26) The term "nonimmigrant visa" means a visa properly issued to an alien as an eligible nonimmigrant by a competent officer as provided in this Act.
(d) It shall be unlawful for any person to sell or otherwise dispose of any firearm or ammunition to any person knowing or having reasonable cause to believe that such person�
(5) who, being an alien�
(A) is illegally or unlawfully in the United States; or
(B) except as provided in subsection (y)(2), has been admitted to the United States under a nonimmigrant visa (as that term is defined in section 101(a)(26) of the Immigration and Nationality Act (8 U.S.C. 1101 (a)(26)));
-----------------------------------------------------------------------------------------------
(y) Provisions Relating to Aliens Admitted Under Nonimmigrant Visas.�
(1) Definitions.� In this subsection�
(A) the term �alien� has the same meaning as in section 101(a)(3) of the Immigration and Nationality Act (8 U.S.C. 1101 (a)(3)); and
(B) the term �nonimmigrant visa� has the same meaning as in section 101(a)(26) of the Immigration and Nationality Act (8 U.S.C. 1101 (a)(26)).
(2) EXCEPTIONS: Subsections (d)(5)(B), (g)(5)(B), and(s)(3)(B)(v)(II) do not apply to any alien who has been lawfully admitted to the United States under a nonimmigrant visa, if that alien is:
(A) admitted to the United States for lawful hunting or sporting purposes or is in possession of a hunting license or permit lawfully issued in the United States;
(B) an official representative of a foreign government who is:
(i) accredited to the United States Government or the Government's mission to an international organization having its headquarters in the United States;or
(ii) en route to or from another country to which that alien is accredited;
101(a)(3) The term "alien" means any person not a citizen or national of the United States.
-----------------------------------------------------------------------------------------------
101(a)(26) The term "nonimmigrant visa" means a visa properly issued to an alien as an eligible nonimmigrant by a competent officer as provided in this Act.
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Cheran
02-23 09:52 AM
What is your issue? All he said was that Rahman was better in other movies and how do you link that with terrorists? I guess you get cheap laughter by igniting some stupid issues like this. All we need is people like you to be the spokesperson for immigrationvoice.
Let me guess, you are a pakistani terrorist. Now you are jealous that how come an Indian muslim win 2 oscars? How will you give out your hateful message to other pakistanis terrorists that indian muslims are being torchured, so you have to "save" indian muslims. Too bad, no pakistani got an oscar. I know why, because the terror capital of the world is going down the drain pretty fast.
.
Let me guess, you are a pakistani terrorist. Now you are jealous that how come an Indian muslim win 2 oscars? How will you give out your hateful message to other pakistanis terrorists that indian muslims are being torchured, so you have to "save" indian muslims. Too bad, no pakistani got an oscar. I know why, because the terror capital of the world is going down the drain pretty fast.
.
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gk_2000
04-19 03:45 PM
Would this be a good time to launch email/meeting campaign on Lofgren? Since she is on the defensive
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lskreddy
05-21 12:38 PM
I140 at TSC is August 26th. Several others and I have their July apps pending. Gosh, this concurrent crap without current PD is playing havoc in several of our lives..
What a nightmare and sad state of affairs.
What a nightmare and sad state of affairs.
more...
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smuggymba
01-01 06:37 PM
Thanks Almond... your post summarizes exactly how ppl in my position feel. one of my frds did MBA from top 20 B-school but could not change to a new job in management career becoz his I-140 approved but did not file for I-485 yet and worse yet he crossed 6 year H1b. now he is also living on 3 year h-1b extensions with approved I-140. when he was venting his frustration like me, one a$$hole (GC holder) suggested he move back to his home country. funny thing was this a$$hole got her GC becoz she married some bakra who already applied for GC. within 6 months after she arrived in US, her huby got them GCs. This dumb wothless piece of $hit doesnt know how hard (impossible ?) to get GC in this lifetime becoz she got it in 6 months :mad: .
The price of GC is what you assign to it. The value of GC is not what other people tell you it is. If you get depressed, make your life hell - it's because you chose it. My PD is 2010 in EB2 and I came here in 2004. I know what I'm getting into and it's my decision so I won't fret about it or get depressed. GC is just a document, it should not define you or your life.
Enjoy time with your Family, wife, kids - it's priceless.....a new sports car will also help. Life is a great gift and will have ups and downs....don't let GC define who you are. I rejected filing in EB3 3 years back with a big 4 consulting firm and changed jobs. I also feel this "promotion" thing but I chose to be in that position. My friends in India are all PM's and Sr PM's.....they got what they chose.
Life is decided by the choices we make, not GC. GC is just a document. Enjoy and celebrate life.
The price of GC is what you assign to it. The value of GC is not what other people tell you it is. If you get depressed, make your life hell - it's because you chose it. My PD is 2010 in EB2 and I came here in 2004. I know what I'm getting into and it's my decision so I won't fret about it or get depressed. GC is just a document, it should not define you or your life.
Enjoy time with your Family, wife, kids - it's priceless.....a new sports car will also help. Life is a great gift and will have ups and downs....don't let GC define who you are. I rejected filing in EB3 3 years back with a big 4 consulting firm and changed jobs. I also feel this "promotion" thing but I chose to be in that position. My friends in India are all PM's and Sr PM's.....they got what they chose.
Life is decided by the choices we make, not GC. GC is just a document. Enjoy and celebrate life.
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engineer
10-05 03:46 PM
are we sure that they are not talking only about H1b?
Does following mean they are looking at Green Card as well ?
"attract and retain high-skilled workers to contribute and excel in the U.S. economy without unnecessary delays and waiting periods?
Does following mean they are looking at Green Card as well ?
"attract and retain high-skilled workers to contribute and excel in the U.S. economy without unnecessary delays and waiting periods?
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NoMoreSilence
01-18 07:35 AM
:confused: I donated $101 thru Paypal yesterday to move the number 14386 up fast. But it did not change at all!!:confused:
ascetic
04-21 03:29 PM
Mother fucker I am not married and I dont have kids.
And I thought I should give the forum website a visit in the afternoon during my tea break to see in what sort of disarray it is in. Not surprised, I am not surprised. :(
And I thought I should give the forum website a visit in the afternoon during my tea break to see in what sort of disarray it is in. Not surprised, I am not surprised. :(
panky72
06-24 03:18 AM
There has been time check used to be payable to:
U.S. Department of Homeland Security - USCIS
Now at some places it is shortened to:
U.S. Department of Homeland Security
And at other places it is shortened to:
USCIS
I think, they are interchangeable.
On USCIS site: Fees should be made payable to Department of Homeland Security or U.S. Citizenship and Immigration Services. refer to first dotted instruction of http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=db029c7755cb9010VgnVCM10000045f3d6a1RCR D&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1 RCRD
It does not talk about putting US in front of Department of Homeland Security. Going exactly by USCIS instructions, lawyer did mistake - but it is OK.
Look at the PDF file for I-765 and I-131 Instructions from USCIS website (Checkout page 8)
http://www.uscis.gov/files/form/I-765instr.pdf
http://www.uscis.gov/files/form/I-131instr.pdf
Here is the relevant info from the USCIS instructions:
Use the following guidelines when you prepare your check or
money order for the Form I-765 fee:
1. The check or money order must be drawn on a bank or
other financial institution located in the United States
and must be payable in U.S. currency; and
2. Make the check or money order payable to U.S.
Department of Homeland Security, unless:
A. If you live in Guam and are filing your petition
there, make it payable to Treasurer, Guam.
B. If you live in the U.S. Virgin Islands and are filing
your petition there, make it payable to
Commissioner of Finance of the Virgin Islands.
U.S. Department of Homeland Security - USCIS
Now at some places it is shortened to:
U.S. Department of Homeland Security
And at other places it is shortened to:
USCIS
I think, they are interchangeable.
On USCIS site: Fees should be made payable to Department of Homeland Security or U.S. Citizenship and Immigration Services. refer to first dotted instruction of http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=db029c7755cb9010VgnVCM10000045f3d6a1RCR D&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1 RCRD
It does not talk about putting US in front of Department of Homeland Security. Going exactly by USCIS instructions, lawyer did mistake - but it is OK.
Look at the PDF file for I-765 and I-131 Instructions from USCIS website (Checkout page 8)
http://www.uscis.gov/files/form/I-765instr.pdf
http://www.uscis.gov/files/form/I-131instr.pdf
Here is the relevant info from the USCIS instructions:
Use the following guidelines when you prepare your check or
money order for the Form I-765 fee:
1. The check or money order must be drawn on a bank or
other financial institution located in the United States
and must be payable in U.S. currency; and
2. Make the check or money order payable to U.S.
Department of Homeland Security, unless:
A. If you live in Guam and are filing your petition
there, make it payable to Treasurer, Guam.
B. If you live in the U.S. Virgin Islands and are filing
your petition there, make it payable to
Commissioner of Finance of the Virgin Islands.