same_old_guy
07-09 06:00 PM
AILA update :
AILF's Legal Action Center Seeks Plaintiffs on EB Visa Number Availability
Issue (Updated 7/9/07)
What's cooking ?
AILF's Legal Action Center Seeks Plaintiffs on EB Visa Number Availability
Issue (Updated 7/9/07)
What's cooking ?
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sbmallik
06-30 01:19 PM
In that situation, your wife can re-enter using the H-4 stamp.
jamesingham
05-29 10:16 AM
As far as I know, nothing that is being considered in the Senate is going to relieve the Green Card backlog.
They have plans to eliminate the backlog in 5 to 8 years not immediately. So if one chooses not to re-apply under the new point based system, waiting time doesnt change much for him. (It may be become worse because they are cutting down immigrant visas in EB category from 130k to 90k)
But if one decides to re-apply under the new point based system, things may become faster.
I am hoping that under the new system, they will give some priority to people who already waited for a significant amount of time under the old system.
This is just my analysis based on the articles I read on the internet and the bill text itself.
They have plans to eliminate the backlog in 5 to 8 years not immediately. So if one chooses not to re-apply under the new point based system, waiting time doesnt change much for him. (It may be become worse because they are cutting down immigrant visas in EB category from 130k to 90k)
But if one decides to re-apply under the new point based system, things may become faster.
I am hoping that under the new system, they will give some priority to people who already waited for a significant amount of time under the old system.
This is just my analysis based on the articles I read on the internet and the bill text itself.
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longwait4gc
09-28 08:20 PM
I am EB2, Indian. Filed for PERM earlier this summer and waiting for approval which I don't expect for another 4-6 months. The situation is that my company is in a very shaky financial position but they have been very supportive and I am hoping to be okay for the next 6 mo to year. My strategy is (assuming I don't lose my job) to just sit out my I-140 approval and that way I get the 3-yr extension and lock in my PD. I don't see being able to file for I-485 at this job.
Soo -- 2 questions:
1) Do you think the financial position of the company will affect the I-140 approval? It's a financial services firm and we have had a bunch of layoffs.
2) Assuming I get my I-140 approved, could I, in theory, leave the US for a while (I am very interested in a one-year fellowship program in Europe) and then come back and go work for a new company using the 3-year H1-B extension and begin the green card process again with my current (2009) priority date?
Thanks very much!
For question 2: Answer Yes.
If your company had lay offs there is a good chance you might get audit. If you get an audit the Perm process might take upto 2-3 years. If you dont get an audit perm process could finish in a year. Plan accordingly. All the best.
Soo -- 2 questions:
1) Do you think the financial position of the company will affect the I-140 approval? It's a financial services firm and we have had a bunch of layoffs.
2) Assuming I get my I-140 approved, could I, in theory, leave the US for a while (I am very interested in a one-year fellowship program in Europe) and then come back and go work for a new company using the 3-year H1-B extension and begin the green card process again with my current (2009) priority date?
Thanks very much!
For question 2: Answer Yes.
If your company had lay offs there is a good chance you might get audit. If you get an audit the Perm process might take upto 2-3 years. If you dont get an audit perm process could finish in a year. Plan accordingly. All the best.
more...
gsc999
07-31 11:09 PM
Hi,
I have already posted this news on News thread -3:
http://immigrationvoice.org/forum/showthread.php?t=4805&page=58
Please don't open new threads for news stories that are already posted elsewhere on the forum.
I have already posted this news on News thread -3:
http://immigrationvoice.org/forum/showthread.php?t=4805&page=58
Please don't open new threads for news stories that are already posted elsewhere on the forum.
carbon
03-12 06:25 PM
Today I found my frustration transform into creativity.. so I've created this program (instead of doing some actual wrork) for you to enjoy!
Life of an American
========================================
live(){
while(1){
work();
money = earn();
enjoy(money - taxes + government_benefits);
}
}
Life of H1B Worker:
========================================
live(){
visa = getVisa();
while(1){
if(visa == valid){
work();
money = earn();
money = money - send_some_home - save_some - taxes
- visa_expenses - travel_expenses; /// - immigration_voice_contributions; :)
if(money > 0){
if(PD == CURRENT && talented_spouse_not_on_H4){
enjoy(money);
}
else{
spend(money);
suffer();
}
}
}
if(you_want_to_travel){
stamping();
}
if(isVisaGoingToExpire()){
if(renew(visa) == failed)
goto the_end;
}
if(laid_off)
goto the_end;
}
the_end:
pack_your_bags();
go_home();
}
sub enjoy(){
buy_a_house(money);
buy_a_new_car(money);
go_on_a_vacation();
jump_jobs_like_a_kangaroo_or_start_your_own_compan y();
get_promotions();
}
sub suffer(){
no_raise();
no_hope_for_promotion();
let_them_exploit_you();
cant_do_long_term_planning();
watch_others_progress();
predict_visa_bulletines();
check_visa_bulletines();
check_immigration_voice_dot_com_every_day();
blame_everybody_except_yourself();
}
sub renew(){
if(visa.age > 6){
if(aproved_I140){
visa_expiration_date += three_years;
}
else if(approved_labor){
visa_expiration_date += one_year;
}
else
return failed;
}
return passed;
}
sub stamping(){
go_home();
wait_in_line(hours);
talk_to_snobs_at_the_embassy();
show_same_documents_thousands_of_times();
return;
}
Life of an American
========================================
live(){
while(1){
work();
money = earn();
enjoy(money - taxes + government_benefits);
}
}
Life of H1B Worker:
========================================
live(){
visa = getVisa();
while(1){
if(visa == valid){
work();
money = earn();
money = money - send_some_home - save_some - taxes
- visa_expenses - travel_expenses; /// - immigration_voice_contributions; :)
if(money > 0){
if(PD == CURRENT && talented_spouse_not_on_H4){
enjoy(money);
}
else{
spend(money);
suffer();
}
}
}
if(you_want_to_travel){
stamping();
}
if(isVisaGoingToExpire()){
if(renew(visa) == failed)
goto the_end;
}
if(laid_off)
goto the_end;
}
the_end:
pack_your_bags();
go_home();
}
sub enjoy(){
buy_a_house(money);
buy_a_new_car(money);
go_on_a_vacation();
jump_jobs_like_a_kangaroo_or_start_your_own_compan y();
get_promotions();
}
sub suffer(){
no_raise();
no_hope_for_promotion();
let_them_exploit_you();
cant_do_long_term_planning();
watch_others_progress();
predict_visa_bulletines();
check_visa_bulletines();
check_immigration_voice_dot_com_every_day();
blame_everybody_except_yourself();
}
sub renew(){
if(visa.age > 6){
if(aproved_I140){
visa_expiration_date += three_years;
}
else if(approved_labor){
visa_expiration_date += one_year;
}
else
return failed;
}
return passed;
}
sub stamping(){
go_home();
wait_in_line(hours);
talk_to_snobs_at_the_embassy();
show_same_documents_thousands_of_times();
return;
}
more...
belmontboy
08-10 10:43 PM
perhaps we should have "Addictive! Beware" warnings in the home page :D
all my games, Gamesboys, GameCubes, my bike, tennis rackets and all. Since I am addicted to IV so much I don't have time to play.
My wife is so jealous that if she sees IV site on my PC she asks me to change goo(shit in English) filled dipers of our baby...:eek:
all my games, Gamesboys, GameCubes, my bike, tennis rackets and all. Since I am addicted to IV so much I don't have time to play.
My wife is so jealous that if she sees IV site on my PC she asks me to change goo(shit in English) filled dipers of our baby...:eek:
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pscdk
08-05 08:15 PM
Sure can! See the tracker. There is at least one person who filed in Texas and has his/her EAD approval date before the Finger Printing date
I also had got my EAD way before my 1st FP - but that was in 2005
Referring to your signature, did you file your spouse 485 after you got green card?
I also had got my EAD way before my 1st FP - but that was in 2005
Referring to your signature, did you file your spouse 485 after you got green card?
more...
zeusjerry
03-26 01:30 PM
Hello Mates & Buddies,
I am currently holding Indian Citizenship and planning to file my H1 on Indian passport.
But at this year end I am also planning to take my Australian Citizenship.
So could anyone please suggest or share his experience whether transferring H1 on totally new citizenship is possible or not ? if yes then what's the way ?
And does anyone has any experience or knowledge of E3 (Australian Work visa to USA).
Thank in advance !!!
Always,
Nirms
Are you planning to shift the H1 to a different citizenship for retrogression based issues ?? if so, i dont think there would be any advantage as Green Card Quota's are based on "Country of Birth" and not citizenship..
I am currently holding Indian Citizenship and planning to file my H1 on Indian passport.
But at this year end I am also planning to take my Australian Citizenship.
So could anyone please suggest or share his experience whether transferring H1 on totally new citizenship is possible or not ? if yes then what's the way ?
And does anyone has any experience or knowledge of E3 (Australian Work visa to USA).
Thank in advance !!!
Always,
Nirms
Are you planning to shift the H1 to a different citizenship for retrogression based issues ?? if so, i dont think there would be any advantage as Green Card Quota's are based on "Country of Birth" and not citizenship..
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chris
11-15 12:07 AM
My PD is current for 12 months (from Oct 2007) .
Today i got reply for my June 2008 service request, saying my back ground check is not cleared :mad:
I know from Infopass that my NC is cleared long back.:)
If your PD is not current cant do any thing but PD is current, contact your local congressman.
Hi All,
I opened a service request with USCIS when my I485 was current in 09/08 and i got response saying that still investigation into my background remains open, so the case is not yet ready for decision. I filed my I 485 in August 2005 and in july 2007(then my file was current) also i was told that the background check is still going on.
Now we know that if it has been more than 180 days after we file I485, no need to wait for background check to process the petetion. My intention is to get my file out of this loop by the time PD becomes current. If any one had this issue and got it resolved, please advise me how i can handle it.
Thanks.
Today i got reply for my June 2008 service request, saying my back ground check is not cleared :mad:
I know from Infopass that my NC is cleared long back.:)
If your PD is not current cant do any thing but PD is current, contact your local congressman.
Hi All,
I opened a service request with USCIS when my I485 was current in 09/08 and i got response saying that still investigation into my background remains open, so the case is not yet ready for decision. I filed my I 485 in August 2005 and in july 2007(then my file was current) also i was told that the background check is still going on.
Now we know that if it has been more than 180 days after we file I485, no need to wait for background check to process the petetion. My intention is to get my file out of this loop by the time PD becomes current. If any one had this issue and got it resolved, please advise me how i can handle it.
Thanks.
more...
GSingh
06-19 01:01 AM
Folks,
How long does it takes to get an Advanced Parole documents after filing I485?
Will it be safe to file I485 and AP/EAD if I am planning to go to India in next 4 or 5 months?
Thanks
Contributed $ 200
How long does it takes to get an Advanced Parole documents after filing I485?
Will it be safe to file I485 and AP/EAD if I am planning to go to India in next 4 or 5 months?
Thanks
Contributed $ 200
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pappu
02-27 01:35 PM
welcome new member naveenarjun ! Dont count on it, else you will be disappointed every month. Only an Immigration bill can help us.
more...
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gxtrader
10-12 01:19 AM
Just pray that the next notice wont be "Today we sent notice to you that we forgot to enclose your card" :D
Actually im on same boat i.e. Oct 5 - card ordered , Oct 11 - approval notice sent. Wish they saved on stamps & enclosed the d**n card! :)
Actually im on same boat i.e. Oct 5 - card ordered , Oct 11 - approval notice sent. Wish they saved on stamps & enclosed the d**n card! :)
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snathan
06-16 11:05 PM
L1 or H1....For your own benefit please support this
http://immigrationvoice.org/forum/showthread.php?p=356035#post356035
http://immigrationvoice.org/forum/showthread.php?p=356035#post356035
more...
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raysaikat
03-01 03:08 PM
I was in united states for 5 years and 2 months on H1-B visa. I did not apply for green card during my stay and had to return to India in Aug'2008 due to personal reasons. I want to find out if I am eligible for applyng H1 in this year's quota through same employer with whom I had earlier H1.
Here is my situation -
1. My H1-B petition is valid till 12th July 2009. My passport is not stamped to reflect this date.
2. I came back to India for good on 31st August 2008.
3. If I go back to US before 12th July, I will only get extension for remaining 10 months (as I was in us for 5 years and 2 months). But I want to go for couple of years, so have to go on new visa after completion of 1 year in India.
So I want to check if I am eligible for filing H1-B in this year's quota through same employer ?
If you physically live outside US for 365 days or more, then your H1B visa time will reset, however, your new application will be subject to cap; i.e., if your application is not picked up in the lottery, you will not be able to work. Note that if you apply for new H1B, it will start from Oct 1, 2009. The employer -- a new one or the old one -- is immaterial in this calculation.
Here is my situation -
1. My H1-B petition is valid till 12th July 2009. My passport is not stamped to reflect this date.
2. I came back to India for good on 31st August 2008.
3. If I go back to US before 12th July, I will only get extension for remaining 10 months (as I was in us for 5 years and 2 months). But I want to go for couple of years, so have to go on new visa after completion of 1 year in India.
So I want to check if I am eligible for filing H1-B in this year's quota through same employer ?
If you physically live outside US for 365 days or more, then your H1B visa time will reset, however, your new application will be subject to cap; i.e., if your application is not picked up in the lottery, you will not be able to work. Note that if you apply for new H1B, it will start from Oct 1, 2009. The employer -- a new one or the old one -- is immaterial in this calculation.
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kirupa
04-16 09:30 PM
It's a bit inflammatory AND the quality of the text and the purple gradient background suffers :)
more...
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wandmaker
11-01 10:20 AM
PD isn't current, but just check i-485 online status, showing "Document production or Oath Ceremony" (i.e., the last cycle).
There was indeed a soft LUD in June this year. After that nothing much else. Is there sth good coming along my way?
Appreciate if anyone here can share his/her thoughts/comments.
Don't rely on online status, take infopass and check it out. BTW, it is most likely a FP notice, not an approval.
There was indeed a soft LUD in June this year. After that nothing much else. Is there sth good coming along my way?
Appreciate if anyone here can share his/her thoughts/comments.
Don't rely on online status, take infopass and check it out. BTW, it is most likely a FP notice, not an approval.
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crazyghoda
08-17 06:06 PM
.... for 4 years. It was expiring in Dec 2009 and they renewed it till Dec 2013. No questions asked about immigration status at all. I did have to show a utility bill to show my new address and that was it. Paid $10 and got my license.
Chicago rocks!
Chicago rocks!
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resident1374
01-26 03:43 PM
I am requesting some expert answers -
Recently had family-based AOS interview with the USCIS (my wife is a naturalized citizen). One question was asked by the officer - "Did I travel outside US after filing the AOS?" and my answer "Yes - to Canada for few days - by car".
I traveled to Canada on my company�s H1B.
The officer explained that once you file you Marriage based GC the only way you can travel is on Advance Parole. Travel on H1B is possible as long as the H1 and the AOS is of the same employer. In my case the AOS was family-based and the travel was on H1B. Such a travel may be considered to be abandonment of the Family based GC process.
The officer was extremely helpful in providing us information and said he needed more time to go through my case and decide on approval/denial of my case after consulting with other officers/supervisors (I130 looks good for approval) but there is a possibility (he said) that I may have to re-file the I-485 but there is a possibility that I may be approved.
He told he is waiting on some papers which is in some other State and that will take some time (not sure what papers was he talking about)
He also said that he will also look into my employer-based GC and see if he can approve that case if possible? Well, I am not sure about that as my priority date is SEP 2004 (EB3). This he said will save me some money of not re-filing and also instead of 2yr conditional GC (marrige is less than 2yrs) I will be able to get 10 yr GC. He took a copy of my I-140 receipt.
Now, I have a full-time offer from a company and not sure what to do? What if I use my Family-based EAD - that will invalidate my employer based pending AOS - correct? And what if my Family-based I485 gets denied due to abandonment while on the EAD - is the EAD still valid or is it valid only after re-filing the I485?
Any suggestions?
Recently had family-based AOS interview with the USCIS (my wife is a naturalized citizen). One question was asked by the officer - "Did I travel outside US after filing the AOS?" and my answer "Yes - to Canada for few days - by car".
I traveled to Canada on my company�s H1B.
The officer explained that once you file you Marriage based GC the only way you can travel is on Advance Parole. Travel on H1B is possible as long as the H1 and the AOS is of the same employer. In my case the AOS was family-based and the travel was on H1B. Such a travel may be considered to be abandonment of the Family based GC process.
The officer was extremely helpful in providing us information and said he needed more time to go through my case and decide on approval/denial of my case after consulting with other officers/supervisors (I130 looks good for approval) but there is a possibility (he said) that I may have to re-file the I-485 but there is a possibility that I may be approved.
He told he is waiting on some papers which is in some other State and that will take some time (not sure what papers was he talking about)
He also said that he will also look into my employer-based GC and see if he can approve that case if possible? Well, I am not sure about that as my priority date is SEP 2004 (EB3). This he said will save me some money of not re-filing and also instead of 2yr conditional GC (marrige is less than 2yrs) I will be able to get 10 yr GC. He took a copy of my I-140 receipt.
Now, I have a full-time offer from a company and not sure what to do? What if I use my Family-based EAD - that will invalidate my employer based pending AOS - correct? And what if my Family-based I485 gets denied due to abandonment while on the EAD - is the EAD still valid or is it valid only after re-filing the I485?
Any suggestions?
desi485
11-13 01:57 PM
As far as I know, you can file (or even decide not to file if you have H-1) anytime. This should not be an issue. In fact, one my friend's was in similar boat, he filed his EAD after gap of 3 months and got it approved.
EAD is only a backup for most of us if we are working on H1B. But it is better to have it renewed as you never know when you may have to use it due to layoff, firing or any other unfortunate event. It is more likely to happen due to current state of economy. CIS allows us to continue working on EAD after 180 days of filling 485 under AC21 rule.
However there are some unfortunate incidents going on where IO wrongfully denied 485 petitions when a person changed jobs using AC-21. I urge you to take part in IV AC-21 letters campaign which will help you and all of us to survive any unfortunate, unforseen job loss due to current downturn in economy. It is actully very easy, just print 4 pages and mail it thru' USPS. Won't even cost you $2. Remember this for yours and our future and peace of mind. (http://immigrationvoice.org/forum/showthread.php?t=22182) I humbly request you to do so for sake of our community. Thanks!
EAD is only a backup for most of us if we are working on H1B. But it is better to have it renewed as you never know when you may have to use it due to layoff, firing or any other unfortunate event. It is more likely to happen due to current state of economy. CIS allows us to continue working on EAD after 180 days of filling 485 under AC21 rule.
However there are some unfortunate incidents going on where IO wrongfully denied 485 petitions when a person changed jobs using AC-21. I urge you to take part in IV AC-21 letters campaign which will help you and all of us to survive any unfortunate, unforseen job loss due to current downturn in economy. It is actully very easy, just print 4 pages and mail it thru' USPS. Won't even cost you $2. Remember this for yours and our future and peace of mind. (http://immigrationvoice.org/forum/showthread.php?t=22182) I humbly request you to do so for sake of our community. Thanks!
reddy2cool
09-12 12:58 PM
bump..guys plz do reply