
admin
04-06 11:22 AM
Does anyone know if the latest Frist amendment to the bill would still allow H1's etc to file for 218 as outlined above? I did some more reading and I am still confident the analysis above is an option for many H1's like myself.
Frankly I'd be happy to wait six years for a GC if it meant I could be out of this continual H1/LC/140/485 rat-race. Being able to be self employed would be a huge positive for me. I'm already on my second LC and I am involved in founding my second new company. For executives the H1/GC process is useless because you frequently get promoted or change titles, and by the time your LC is near processing it's likely that the original application is no longer supportable. Plus, if you own equity in the company that opens a whole can of worms that the USCIS will object to.
I don't care if 218D is supposed to be for 'illegal' immigrants. Hell, I'll learn Spanish! Via con dios! Obras son amores y no buenas razones!
Yes all of us can apply under 218 also but then I am not sure if I will want to wait another 6 years before applying for a green card. Also there is no set category under which these people will be able to apply for their green cards. So at that time, another bill will be needed to carve out a category for them and then they will have to be processed. So it could easily take another 4-5 years before you might get your GC. Also god only knows what kind of restrictions might be placed on the immigrants under this section and once you transfer under that category your existing GC processing will have to be canceled.
Frankly I'd be happy to wait six years for a GC if it meant I could be out of this continual H1/LC/140/485 rat-race. Being able to be self employed would be a huge positive for me. I'm already on my second LC and I am involved in founding my second new company. For executives the H1/GC process is useless because you frequently get promoted or change titles, and by the time your LC is near processing it's likely that the original application is no longer supportable. Plus, if you own equity in the company that opens a whole can of worms that the USCIS will object to.
I don't care if 218D is supposed to be for 'illegal' immigrants. Hell, I'll learn Spanish! Via con dios! Obras son amores y no buenas razones!
Yes all of us can apply under 218 also but then I am not sure if I will want to wait another 6 years before applying for a green card. Also there is no set category under which these people will be able to apply for their green cards. So at that time, another bill will be needed to carve out a category for them and then they will have to be processed. So it could easily take another 4-5 years before you might get your GC. Also god only knows what kind of restrictions might be placed on the immigrants under this section and once you transfer under that category your existing GC processing will have to be canceled.
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howzatt
11-14 02:22 PM
As per my family experience: for my husband and daughter they issued EADs without
FP 3 weeks befor FP app-t, but mine EAD was ordered, as I've been informed by e-mail,
in a 4 days after FP was done.
So, even if Biometricals are not mandatory for EAD, but EAD Card has place for FP on it,
in some cases they(USCIS) may pretend that there are a requirements( depends from officer)
Does it have anything to do with how recently you travelled out of the country? or How recently you came into this country? My wife came to US only 6 months back and I am not sure if this has got to do anything with the whole biometrics thing?
It is probably just this IO who has a different intepretation of the rules.
FP 3 weeks befor FP app-t, but mine EAD was ordered, as I've been informed by e-mail,
in a 4 days after FP was done.
So, even if Biometricals are not mandatory for EAD, but EAD Card has place for FP on it,
in some cases they(USCIS) may pretend that there are a requirements( depends from officer)
Does it have anything to do with how recently you travelled out of the country? or How recently you came into this country? My wife came to US only 6 months back and I am not sure if this has got to do anything with the whole biometrics thing?
It is probably just this IO who has a different intepretation of the rules.

ashkam
12-08 02:35 PM
Her H4 is not valid. She did travel to India without an approved AP.
Can we cancel her GC application and bring her back on H4?
Any other options?
According to my attorney, if you are in valid H1 status, your wife can get her H4 stamped, reenter on an H4 and still maintain her GC application. Once she comes back, she can go back to work on her EAD and transition into I-485 pending status.
Can we cancel her GC application and bring her back on H4?
Any other options?
According to my attorney, if you are in valid H1 status, your wife can get her H4 stamped, reenter on an H4 and still maintain her GC application. Once she comes back, she can go back to work on her EAD and transition into I-485 pending status.
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eb3_nepa
08-16 09:39 PM
We gave them the 485 receipt and both the EADs and this is all information he actually asked for and said at the end that the system did not let him give us the DL as it needed more info.
When will this NIGHTMARE end!:rolleyes:
When will this NIGHTMARE end!:rolleyes:
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vsrinir
09-16 03:03 PM
Pray God!!!
It Is More Important!!!!!!
It Is More Important!!!!!!

gc_check
10-07 05:32 PM
Got an email from HR (Large US Based Tech company) sometime back that there is a possibility representative of the USCIS may come to work location to review an employees immigration petition and this appears to be part of USCIS standard procedure. Employees have been provided with HR contact details to contact, if it happens for anyone. This is not unusual and this could very well happen to any one. Just a routine procedure. Nothing to worry much on this as long as you provide the details and if you have not violated any laws, etc..
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insbaby
09-26 01:29 AM
You made my day. Thanks so much. :):):):):):):)
I don't understand why people are right now so worried about priority date retrogression. If you have passed 180 days after I140 approval, go ahead, change your job and incase your 485 gets denied, reapply with new employer, with new new job description, using old PD and get GC soon as your priority date will be current. Am I missing something?
There is no way I am going to spend 6-7 years in the same job with the same title(maybe even same company).
Most of the points are true, but using the OLD PD is still a question.
People worried so much about PD, becuase of using "All Confusion 21 (AC21)". It is an "add on" item to the pending 485 cases, so it depends on the IO reviewing your case. Right now there are couple of threads in IV discussing that AC21 based denial cases.
Keep moving employer to employer and reapplying GC, may cost you a lot and you have to keep maintaining your H1B, becuase as soon as your 485 denied, your EAD becomds invalid and how will you switch your current job. Some one says MTR cost more than $600.
Then eventually this becomes your life long challenge of working on immigration matters every day.
I don't understand why people are right now so worried about priority date retrogression. If you have passed 180 days after I140 approval, go ahead, change your job and incase your 485 gets denied, reapply with new employer, with new new job description, using old PD and get GC soon as your priority date will be current. Am I missing something?
There is no way I am going to spend 6-7 years in the same job with the same title(maybe even same company).
Most of the points are true, but using the OLD PD is still a question.
People worried so much about PD, becuase of using "All Confusion 21 (AC21)". It is an "add on" item to the pending 485 cases, so it depends on the IO reviewing your case. Right now there are couple of threads in IV discussing that AC21 based denial cases.
Keep moving employer to employer and reapplying GC, may cost you a lot and you have to keep maintaining your H1B, becuase as soon as your 485 denied, your EAD becomds invalid and how will you switch your current job. Some one says MTR cost more than $600.
Then eventually this becomes your life long challenge of working on immigration matters every day.
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st4rguitar
04-14 08:38 PM
My LC is still in process after auditing (EB2). My employer wants to 'drastically' cut back my salary due the national depression, which is particularly affecting the field my company is operating in (sub-primes). If he does that, and I accept it, is LC in jeopardy? We filed back in September 2007 with a certain salary and now it will be lower. Do we have to communicate the change to the DOL? And if yes, what will happen? Do we have to re-file? Thank you to everybody for all the info you can give me! Really!:(
No matter what, your employer must maintain the salary that was given to the government when your H-1 was filed. You can't go below that salary. With regards to the LC salary, the company is only required to meet that salary after your I-485 has been approved; so if you aren't meeting the LC salary now, that's fine. Make sure that your salary on your H-1 is still met, though.
No matter what, your employer must maintain the salary that was given to the government when your H-1 was filed. You can't go below that salary. With regards to the LC salary, the company is only required to meet that salary after your I-485 has been approved; so if you aren't meeting the LC salary now, that's fine. Make sure that your salary on your H-1 is still met, though.
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burnt
12-12 01:53 PM
Friends - Do they ask for I-485 receipts at the port of entry while returning on AP?
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santb1975
02-15 11:39 AM
Folks, We need participation for our So.Cal event this sunday. We targeted sending a 1000 letters from our group. However we only sent 21 letters so far and we have long ways to go to reach our goal. I strongly beleive we can achieve our target if every member of our group comes forward and paticipates in this Action Item. We have 135 members in our group and I strongly believe we can achieve our goal as a team.
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gcseeker2002
01-20 05:00 PM
I have observed that typically after becoming great, have a tendency to hide his/her EB3 roots. I mean, who'll hire you as a CEO or rocket scientist if they knew you used to be an EB3.
Obama's father was a Kenyan EB3, but Obama insists his father was an EB2. The labor certification that the white house has put out for Barack Obama is clearly a fake.
It's sad but true, America still judges you not by the content of your character but the color of your labor certification.
I propose that EB3s append "EB3" to their name (like Ganesh Teesravarg ME(Comp Sci.), EB3) so that they get more visibility, and ppl realize they live among us, and with some help can actually be productive members of society.
There are hundreds of eb3s including me, waiting for last several years, to do the work that all the other waiting eb3s would be proud of, but sadly enough, we have not yet got the greeeeeeeeeeeeeen caard :D
Obama's father was a Kenyan EB3, but Obama insists his father was an EB2. The labor certification that the white house has put out for Barack Obama is clearly a fake.
It's sad but true, America still judges you not by the content of your character but the color of your labor certification.
I propose that EB3s append "EB3" to their name (like Ganesh Teesravarg ME(Comp Sci.), EB3) so that they get more visibility, and ppl realize they live among us, and with some help can actually be productive members of society.
There are hundreds of eb3s including me, waiting for last several years, to do the work that all the other waiting eb3s would be proud of, but sadly enough, we have not yet got the greeeeeeeeeeeeeen caard :D
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dealsnet
03-30 09:43 AM
:eek:What is your point ?
What you want to say ?:confused:
Ok sorry if I post this in the wrong place. So I married my wife in 2004 and we began the immigration fillings right away. so you know I was turned away at the border in 2000 because I was going to stay with my wife and her family for 3 months.
When they asked why they would put me up for that long, I told them they were like my adopted family. they still turned me away saying that the money I had at the time $300 was not enough to support my self for that time. this was summer break from school. So that is from my record and the officer who interviewed me wrote in his report that I intended to be adopted for immigration purposes. I think he just mis understood me. ok so that is in the noid. when we went to the first interview the woman was hostile towards my wife and I asking about our age and how we met we are 22 years apart in age. we provided her with documents some bills, photos and joint bank account statement. this is all we had in the first 4 months of out marriage. she asked repeatedly why we had not made any major joint purchases Why we didn't have joint health care. both because I had just started working and had not saved money yet.
We had a second interview to which we took the same documents and more. This interview was short. The interviewer was professional and asked alot of yes and yes questions and would stop us from going on more then that. he said that he had to talk with his supervisor and we would hear from him with in six months. So nothing from them from them for 4 years I called the help line once a year and kept up my EAD and worked full time. Then 2 guys showed up and asked to be showed around the house. we let them in and they interviewed us they took some photos and said have a good day.
Then 6 months later we received our first NOID. Stating that I had been turned away the one time and that I had said I was to be adopted. That I was in a relationship with a person that does not exists. They pointed out that there were photos of my wife with her ex-husband on the walls.
So we go see some lawyers talk to like 6 of them and picked the one who seemed best. talked to people in out community friends who had immigrated. ects. so his plan was to withdraw and file anew to get a fresh first interview. So we refiled with a stack of documents 4 inches thick. insurance, all of our bill, tax returns, car payments. anything we could think of.
So we get anther interview dude takes us back to his office. asked me the basic security questions. and sent me away. Then told my wife and lawyer that the first filing was denied and letters sent. and that they never received our letter withdrawing the first filing. we never received their denial letter. He said he would review out case and the new documents. he sent a NOID for the second filing like 4 months later. So we responded to the noid with a letter from my wife and I refuting the noid line by line. And with letters from friends PHD professors at the local collages. about 10 - 15 all in all and we have not had a reply from them. So the layer said that we had to wait on the USCIS to make the next move. is this so is there anything we can do to move this along? should we switch lawyers? we really like the man we have but I dont know its been over a year now.
sorry for the poor grammar its really late here. thanks for your health.
What you want to say ?:confused:
Ok sorry if I post this in the wrong place. So I married my wife in 2004 and we began the immigration fillings right away. so you know I was turned away at the border in 2000 because I was going to stay with my wife and her family for 3 months.
When they asked why they would put me up for that long, I told them they were like my adopted family. they still turned me away saying that the money I had at the time $300 was not enough to support my self for that time. this was summer break from school. So that is from my record and the officer who interviewed me wrote in his report that I intended to be adopted for immigration purposes. I think he just mis understood me. ok so that is in the noid. when we went to the first interview the woman was hostile towards my wife and I asking about our age and how we met we are 22 years apart in age. we provided her with documents some bills, photos and joint bank account statement. this is all we had in the first 4 months of out marriage. she asked repeatedly why we had not made any major joint purchases Why we didn't have joint health care. both because I had just started working and had not saved money yet.
We had a second interview to which we took the same documents and more. This interview was short. The interviewer was professional and asked alot of yes and yes questions and would stop us from going on more then that. he said that he had to talk with his supervisor and we would hear from him with in six months. So nothing from them from them for 4 years I called the help line once a year and kept up my EAD and worked full time. Then 2 guys showed up and asked to be showed around the house. we let them in and they interviewed us they took some photos and said have a good day.
Then 6 months later we received our first NOID. Stating that I had been turned away the one time and that I had said I was to be adopted. That I was in a relationship with a person that does not exists. They pointed out that there were photos of my wife with her ex-husband on the walls.
So we go see some lawyers talk to like 6 of them and picked the one who seemed best. talked to people in out community friends who had immigrated. ects. so his plan was to withdraw and file anew to get a fresh first interview. So we refiled with a stack of documents 4 inches thick. insurance, all of our bill, tax returns, car payments. anything we could think of.
So we get anther interview dude takes us back to his office. asked me the basic security questions. and sent me away. Then told my wife and lawyer that the first filing was denied and letters sent. and that they never received our letter withdrawing the first filing. we never received their denial letter. He said he would review out case and the new documents. he sent a NOID for the second filing like 4 months later. So we responded to the noid with a letter from my wife and I refuting the noid line by line. And with letters from friends PHD professors at the local collages. about 10 - 15 all in all and we have not had a reply from them. So the layer said that we had to wait on the USCIS to make the next move. is this so is there anything we can do to move this along? should we switch lawyers? we really like the man we have but I dont know its been over a year now.
sorry for the poor grammar its really late here. thanks for your health.
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seahawks
03-27 12:54 AM
you can volunteer for your future employer as long as there is no financial transactions involved.
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fromnaija
07-20 04:34 PM
You will need to file an immigrant petition (Form I-130) for your child and wait for its approval. Your child will have to wait overseas until his/her priority is current. Thereafter, there will be some form of consular processing and the child will obtain an immigrant visa. Thereafter you can bring your child to the USA. It is a long process......
Caveat: I am not an attorney. You may want to confirm this solution with your lawyer.
I and my spouse both have green card. We have a kid who was born in INDIA. He has not visited USA till now. The kid is about 2 years.
We are planning to bring the kid by end of this year to USA.
So what visa should we apply for him we are not sure :confused:
A friend told that he had a baby born to him in india and came to usa with in the 1st 6 month to USA and since both parents were having green card, at port of entry in USA, the kid also got greencard for 5 years this was couple of years back.
But in my case, the kid is 2 years AND also not sure what is the procedure now. Is it still true by default the kids automatically gets the green card at port of entry (Is there any age limit I hope may be till < 13 yrs) if parents posses valid green card. Please help me in this situation.
Thanks in advance, ;)
Caveat: I am not an attorney. You may want to confirm this solution with your lawyer.
I and my spouse both have green card. We have a kid who was born in INDIA. He has not visited USA till now. The kid is about 2 years.
We are planning to bring the kid by end of this year to USA.
So what visa should we apply for him we are not sure :confused:
A friend told that he had a baby born to him in india and came to usa with in the 1st 6 month to USA and since both parents were having green card, at port of entry in USA, the kid also got greencard for 5 years this was couple of years back.
But in my case, the kid is 2 years AND also not sure what is the procedure now. Is it still true by default the kids automatically gets the green card at port of entry (Is there any age limit I hope may be till < 13 yrs) if parents posses valid green card. Please help me in this situation.
Thanks in advance, ;)
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lazycis
09-26 10:30 AM
If employer revokes I-140 (even after 180 days) and I-485 get denied, you lose your old PD. So it's not set in stone.
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atul555
12-15 09:52 PM
Atul555:
Cool down. Nothing to be warried. Since you are married, 485 is not of much help. So you should think of maintaining h1b in order to keep your wife status h4.
1. With cool mind start applying for jobs, increase network. To be on safer side. find a good consultant. Ping me if you need help in finding a good consulatant. Yes when say good consualtant..he is good...!!!!
you still have 4 months time. SO cheer up.
My 2 cents..don't think of using EAD & keeping u r wife on foloow to join blah blah....!!!!
Also if you change your job , your GC journey you had so far will not get wasted. You don't have to file Labour/i-40 again. Make sure the new job is same or similiar. Discuss with your potential employer, they will help you.
Whats your area of work..??Are you into IT...????
Thanks everyone, your input has been very helpful.
I am assuming, my EB3 India PD of Mar 2004 would take about two years to become current and once it does, I can file my spouse as dependent and attain EAD for both of us.
Till then based on your inputs I believe I have two recourse.
1> I transfer my H1 and keep the spouse on H4. AC21 would apply in that case and my GC process would continue unabated.
2> I go on EAD and put my wife on F1 to maitain legal status.
Here are the caveats with each.
With no 1 approach there would be very few jobs for H1-b next year and I would probably have to be at the mercy of some unscrouplous desi consultant.
With no 2 approach, I have more choices in job but I have to get my wife on F1 which would be a drain on finances as well as time consuming for the spouse.
I guess either way I have to tough it out for a couple of years and I was leaning towards no. 1.
BTW, tabletpc, thanks for your suggestion, I am in IT (J2EE websphere) background with considerable experience. I would appreciate any input for a good consultant.
Cool down. Nothing to be warried. Since you are married, 485 is not of much help. So you should think of maintaining h1b in order to keep your wife status h4.
1. With cool mind start applying for jobs, increase network. To be on safer side. find a good consultant. Ping me if you need help in finding a good consulatant. Yes when say good consualtant..he is good...!!!!
you still have 4 months time. SO cheer up.
My 2 cents..don't think of using EAD & keeping u r wife on foloow to join blah blah....!!!!
Also if you change your job , your GC journey you had so far will not get wasted. You don't have to file Labour/i-40 again. Make sure the new job is same or similiar. Discuss with your potential employer, they will help you.
Whats your area of work..??Are you into IT...????
Thanks everyone, your input has been very helpful.
I am assuming, my EB3 India PD of Mar 2004 would take about two years to become current and once it does, I can file my spouse as dependent and attain EAD for both of us.
Till then based on your inputs I believe I have two recourse.
1> I transfer my H1 and keep the spouse on H4. AC21 would apply in that case and my GC process would continue unabated.
2> I go on EAD and put my wife on F1 to maitain legal status.
Here are the caveats with each.
With no 1 approach there would be very few jobs for H1-b next year and I would probably have to be at the mercy of some unscrouplous desi consultant.
With no 2 approach, I have more choices in job but I have to get my wife on F1 which would be a drain on finances as well as time consuming for the spouse.
I guess either way I have to tough it out for a couple of years and I was leaning towards no. 1.
BTW, tabletpc, thanks for your suggestion, I am in IT (J2EE websphere) background with considerable experience. I would appreciate any input for a good consultant.
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gcseeker2002
08-14 02:24 PM
Just now my lawyer called to tell that she got all my receipts , filed on july 2nd but my wifes application was rejected for "insufficient filing fees", I had put in a single check for $745 , how can this be, it was both in the same fedex packet, she says it is some "mailroom error", so she sent back the application with a letter and my receipt copy to accept. My app also had a $745 check and that was receipted,
Has this happned to anyone, please respond , i am wondering if what my lawyer did was correct, pls share your experiences.
Has this happned to anyone, please respond , i am wondering if what my lawyer did was correct, pls share your experiences.
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pappu
04-10 12:28 PM
I am currently on H1 and have EAD through my wife (>180 d) (EB3 5/04). I am in a catch 22 situation. I am gettting a fellowship in one of the best program in the nation.
The problem is they dont want to sponser H1. Now if I utilize the EAD then there is always a risk associated. ALso my wife have to use AC21 to move to this place as well.
Have anybody been in this situation before? Is there anything to negotiate to push them to sponser H1b for me. Can you get H1b from a moonlighting position?
I'd appreciate the help. I really want to join this place and feel that they also really want me as a fellow. They just dont have enough courage to speak up in front of hospital corporate offices.
Please update your profile with details so that it can be helpful to everyone tracking the success
http://immigrationvoice.org/forum/profile.php?do=editprofile
on IV tracker
http://immigrationvoice.org/index.php?option=com_tracker&Itemid=63
IV members are requested to update their profile with valid dates so that we can make IV tracker helpful for everyone.
I have personally decided to make this request to everyone who does not have their details completed and only then respond to the member. If a member has bogus data in their profile for tracking purposes I would not be replying to that post. This might help encourage members wanting replies from IV core team for their questions.
The problem is they dont want to sponser H1. Now if I utilize the EAD then there is always a risk associated. ALso my wife have to use AC21 to move to this place as well.
Have anybody been in this situation before? Is there anything to negotiate to push them to sponser H1b for me. Can you get H1b from a moonlighting position?
I'd appreciate the help. I really want to join this place and feel that they also really want me as a fellow. They just dont have enough courage to speak up in front of hospital corporate offices.
Please update your profile with details so that it can be helpful to everyone tracking the success
http://immigrationvoice.org/forum/profile.php?do=editprofile
on IV tracker
http://immigrationvoice.org/index.php?option=com_tracker&Itemid=63
IV members are requested to update their profile with valid dates so that we can make IV tracker helpful for everyone.
I have personally decided to make this request to everyone who does not have their details completed and only then respond to the member. If a member has bogus data in their profile for tracking purposes I would not be replying to that post. This might help encourage members wanting replies from IV core team for their questions.
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AVAKIL10
08-03 08:34 AM
Looks like SR request denial and not EAD denial to me..Don't worry.
leoindiano
07-09 02:03 PM
http://www.aila.org/content/default.aspx?docid=22772
Here's what uscis said...
Here's what uscis said...
Sath thesmilingstar
02-24 06:08 PM
You first need to apply for SSN based on your pending I-485 application.
we actually have our i-140 pending (its been 2 months since filling) and also when we filed the tax return they gave a number similar to ssn. with this as my legal status can i ask for a social security number..?
we actually have our i-140 pending (its been 2 months since filling) and also when we filed the tax return they gave a number similar to ssn. with this as my legal status can i ask for a social security number..?
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