rsrikant
08-26 10:50 AM
NSC applications are getting receipt notices atleast...
don't know when will we get it from TSC...
receipt notice gives confidence that our application is accepted.
EAD can wait for a month or 2. anyway its my personal opinion
don't know when will we get it from TSC...
receipt notice gives confidence that our application is accepted.
EAD can wait for a month or 2. anyway its my personal opinion
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somegchuh
08-07 03:20 PM
On papaer it sounds like a very good idea. I have canadian PR and I was also very tempted when I read this. But here are some disadvantages:
1. Windsor is a small place so hard for wife to find a job there.
2. Schools may not be the same quality as Toronto.
3. You might be putting your career in holding mode for another 1-2 years whereas you could do a much better job in Toronto.
Basically, my point is in order to try to wait for GC for another 1-2 years, you might have to compromise with your job/wife's job/kids education. I am at a point where I don't want to compromise with any of these if I move to canada. I want to make full use of the freedom of having a PR (take up whatever job/start a business/have wife take up whatever job/good school for kids etc)
I really depends on your situation, by what date do u need to move to canada to retain the PR and what stage of GC process are you in?
I was thinking this is a good way for short term period until we know for sure what is going to happen to us as far as GC situation is concerned. It may not make the most sense in the long term but is a good way of hedging your bets until you know for sure which way immigration issues are headed.
This may be a good soln for people who do not want to loose their Canadian PR or those who dont want to move back to India for their own reasons (ppl like me who have been in this country for 10 plus yrs on F1 and H1 cobined but with no GC in sight).
1. Windsor is a small place so hard for wife to find a job there.
2. Schools may not be the same quality as Toronto.
3. You might be putting your career in holding mode for another 1-2 years whereas you could do a much better job in Toronto.
Basically, my point is in order to try to wait for GC for another 1-2 years, you might have to compromise with your job/wife's job/kids education. I am at a point where I don't want to compromise with any of these if I move to canada. I want to make full use of the freedom of having a PR (take up whatever job/start a business/have wife take up whatever job/good school for kids etc)
I really depends on your situation, by what date do u need to move to canada to retain the PR and what stage of GC process are you in?
I was thinking this is a good way for short term period until we know for sure what is going to happen to us as far as GC situation is concerned. It may not make the most sense in the long term but is a good way of hedging your bets until you know for sure which way immigration issues are headed.
This may be a good soln for people who do not want to loose their Canadian PR or those who dont want to move back to India for their own reasons (ppl like me who have been in this country for 10 plus yrs on F1 and H1 cobined but with no GC in sight).
Ennada
03-18 08:21 AM
First of all EAD is not a status - Its just a work authorization. GC is for a future job.
With EAD, you can work with your current gc employer, or do nothing, or do any other job.
The only important thing is that you must either be working in a same/similar job for any employer (using AC21) or have a valid job offer in the same/similar job classification as on the labor certification at the time of 485 adjucation. It is easy to get rfe if you are no longer working for the sponsoring employer.
At that time, you should not be actively searching for a job - You should have a job offer which shows the employer's intent to hire you on a future date.
This is correct.......once the employer revokes H1B, that is a red flag for the immigration officer. Officer may or may not ask for evidence. Be prepared to show a same or similar job offer.
With EAD, you can work with your current gc employer, or do nothing, or do any other job.
The only important thing is that you must either be working in a same/similar job for any employer (using AC21) or have a valid job offer in the same/similar job classification as on the labor certification at the time of 485 adjucation. It is easy to get rfe if you are no longer working for the sponsoring employer.
At that time, you should not be actively searching for a job - You should have a job offer which shows the employer's intent to hire you on a future date.
This is correct.......once the employer revokes H1B, that is a red flag for the immigration officer. Officer may or may not ask for evidence. Be prepared to show a same or similar job offer.
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Naveen
06-20 09:49 AM
What if your state does not have a state chapter?
If you wish the entire immigrationvoice community to assist then some sharing of updates will be necessary outside of these.
What he said!
it is ok to contact any of the leaders for the update
you can link with a neighboring chapter, right now this is an action item being coordinated by the chapters so they have the info.
http://immigrationvoice.org/index.php?option=com_content&task=view&id=72&Itemid=52
If you wish the entire immigrationvoice community to assist then some sharing of updates will be necessary outside of these.
What he said!
it is ok to contact any of the leaders for the update
you can link with a neighboring chapter, right now this is an action item being coordinated by the chapters so they have the info.
http://immigrationvoice.org/index.php?option=com_content&task=view&id=72&Itemid=52
more...
vlad0002
01-25 04:22 PM
Hi all,
I don't believe having I-140 filed by a company constitutes a violation of beneficiary's non-immigrant status.
To be eligible for the student status, among other things, you must demonstrate non-immigrational intent, that's true. When applying for a visa and going through immigration control at the port of entry, the burden of proof is on you. Therefore, the chances of getting F1 visa or being admitted on F1 status with I-140 filed are very slim. Nobody will believe you are entrying to study and go back when you have approved labour and I-140 pending (or even approved). Once you inside the country, however, INS have the burden of proof in the status violation cases. And for them to proove in a court of law that you violated your status by changing your intention to go back would be impossible without some sort of open confession and signed affadevit from you. So, don't worry about it.
Person's intentions change over time, there's nothing wrong with it. Peolple file adjustment od status applications all the time: B1 to F1, F1 to H1B, etc. Filing I-485 from student status, or from any status, should not be a problem in itself either, as that is precicely what you are declaring by this application: "My intention changed, I don't want to go back anymore, please adjust my status to Permanent resident".
There is a potential problem here, though. If you apply for a position and initiate LC process shortly after you entered the country on non-immigrant visa, you might be giving INS in future a reason to suspect that you were not truthful on your original non-immigrant visa application, and your "real" intention was not study but work in the USA. That's where there could be trouble, as if they are sucsessful in prooving this, it could lead to deportation and lifetime ban. Per my lawer, the safe time to wait before initiating any status changing process is one year.
My personal situation: I was on F1 visa for 6 years before I started LC process with a company for a totally unrelated to my field of studies position (EB3). We had PERM approved and filed I-140, with me still on F1. I-140 was approved and now we are stuck in retrogression. Meanwhile, and after I-140 was approved, I graduated and applied for H1B based on my major. I have disclosed on H1B application that I have I-140 approved from another company and attached a copy. Not a question asked. H1B was approved within 9 days (cap exempt). And there's more. Because I violated my F1 status years ago by accepting unauthorized employment (tracable through taxes), my lawer told me to leave the country and re-enter, to cut the tail clean and be eligable for adjustment of status when the quotas open up. I went to Canada, and applied for H1B visa stamp, disclosing on the applicqation that I have I-140 approved and have violated my visa terms previously ("yes" to question 38, in "kiss of death" section of the application). Very stressful time that was. But in the end - no problem, got the stamp and was back in two days.
Anyway, sorry for the long post. I hope this helps.
I don't believe having I-140 filed by a company constitutes a violation of beneficiary's non-immigrant status.
To be eligible for the student status, among other things, you must demonstrate non-immigrational intent, that's true. When applying for a visa and going through immigration control at the port of entry, the burden of proof is on you. Therefore, the chances of getting F1 visa or being admitted on F1 status with I-140 filed are very slim. Nobody will believe you are entrying to study and go back when you have approved labour and I-140 pending (or even approved). Once you inside the country, however, INS have the burden of proof in the status violation cases. And for them to proove in a court of law that you violated your status by changing your intention to go back would be impossible without some sort of open confession and signed affadevit from you. So, don't worry about it.
Person's intentions change over time, there's nothing wrong with it. Peolple file adjustment od status applications all the time: B1 to F1, F1 to H1B, etc. Filing I-485 from student status, or from any status, should not be a problem in itself either, as that is precicely what you are declaring by this application: "My intention changed, I don't want to go back anymore, please adjust my status to Permanent resident".
There is a potential problem here, though. If you apply for a position and initiate LC process shortly after you entered the country on non-immigrant visa, you might be giving INS in future a reason to suspect that you were not truthful on your original non-immigrant visa application, and your "real" intention was not study but work in the USA. That's where there could be trouble, as if they are sucsessful in prooving this, it could lead to deportation and lifetime ban. Per my lawer, the safe time to wait before initiating any status changing process is one year.
My personal situation: I was on F1 visa for 6 years before I started LC process with a company for a totally unrelated to my field of studies position (EB3). We had PERM approved and filed I-140, with me still on F1. I-140 was approved and now we are stuck in retrogression. Meanwhile, and after I-140 was approved, I graduated and applied for H1B based on my major. I have disclosed on H1B application that I have I-140 approved from another company and attached a copy. Not a question asked. H1B was approved within 9 days (cap exempt). And there's more. Because I violated my F1 status years ago by accepting unauthorized employment (tracable through taxes), my lawer told me to leave the country and re-enter, to cut the tail clean and be eligable for adjustment of status when the quotas open up. I went to Canada, and applied for H1B visa stamp, disclosing on the applicqation that I have I-140 approved and have violated my visa terms previously ("yes" to question 38, in "kiss of death" section of the application). Very stressful time that was. But in the end - no problem, got the stamp and was back in two days.
Anyway, sorry for the long post. I hope this helps.
gc_in_30_yrs
02-13 04:02 PM
hi,
where is the format and what words to use and to whom we have to address. i am not on IV website all thru the day, so, i am missing the great chunk of information by evening i log in. can anyone guide me thru the process, i am willing to hand written the letter. i have seen several threads on this admin fix / letters campaign; but to be honest, i could not find anything than asking members to write letters.
thanks for the help.
where is the format and what words to use and to whom we have to address. i am not on IV website all thru the day, so, i am missing the great chunk of information by evening i log in. can anyone guide me thru the process, i am willing to hand written the letter. i have seen several threads on this admin fix / letters campaign; but to be honest, i could not find anything than asking members to write letters.
thanks for the help.
more...
rakesh_one
11-19 12:37 PM
Congrats. Now donate some money to US presidential candiates and tell them to look at the plight of EB applicants expecially from India, China, Mexico and Philliphines.
Guysssssss N Gals , I got it (I-485 approval) 10 minutes ago!!!!!!!!!!! NO RFE. Recent Luds were on I-140 / I-129 / I-131 ( Luds occered on 10/29 & 11/4) . Been in USA (F1, H1) since Aug 1997.
My case Details
EB3, India , PD Oct 2000(Sub.)
I-140 / I-485 RD : 2/2005
I-140 : AD 07/2005
4 EAD / 4 APs
Guysssssss N Gals , I got it (I-485 approval) 10 minutes ago!!!!!!!!!!! NO RFE. Recent Luds were on I-140 / I-129 / I-131 ( Luds occered on 10/29 & 11/4) . Been in USA (F1, H1) since Aug 1997.
My case Details
EB3, India , PD Oct 2000(Sub.)
I-140 / I-485 RD : 2/2005
I-140 : AD 07/2005
4 EAD / 4 APs
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h1techSlave
09-23 08:39 AM
Lest you forget, he is the President for the anti-immigrants too. His job is to uphold the constitution, not to do stuff to get re-elected.
Mr. President, pls. stop lip service.. Anti immigrants doesn't vote for you in 2012 even if you deport all 12 Million illegals and stop all immigration..
Get to know your friends..
Mr. President, pls. stop lip service.. Anti immigrants doesn't vote for you in 2012 even if you deport all 12 Million illegals and stop all immigration..
Get to know your friends..
more...
gc_wow
10-17 07:51 PM
The media caters to its audience just like any other business nterested in its own customers. When markets worldwide rise or fall in response to election results in India, it gets major media attention everywhere because the audience is interested. Diwali is as unimportant in America as Thanksgiving in the U.K. There is no point fretting over it. Diwali could become newsworthy when people globally start tracking shopping sales in India since their businesses might depend on them. It's better to sharpen our skills so that we can seamlessly join the global highway than to sit on the sides cursing those passing by that they don't care about us.
DingDong
Whats the deal with Albania over Mother Teresa. Mother Teresa life has became lessons for kids in text books in INdia.
DingDong
Whats the deal with Albania over Mother Teresa. Mother Teresa life has became lessons for kids in text books in INdia.
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WeShallOvercome
07-19 02:19 PM
My employer has always provided me the receipt numbers. I'm talking about the physical receipt notice which I might need just in case i need to invoke AC21.
IF you have used your personal checks the receipt is usually at the back of the checks. Esle just call the help desk and give all your information and if the guy is in good mood he can provide you the receipt number.
IF you have used your personal checks the receipt is usually at the back of the checks. Esle just call the help desk and give all your information and if the guy is in good mood he can provide you the receipt number.
more...
willwin
08-13 11:46 PM
If IV core can help us to set these meetings up and also provide suggestions/ideas, I think with 50 participants, we can convey what we want to. If EB2 folks are also joining us, we can seek support from compete America and have representation from them as well.
We should keep this very low profile - meaning:
1. No high demands - shouldn't ask to make EB3 I current in October
2. Shouldn't compare or discuss EB2 I and C
3. Shouldn't complain their (USCIS/DOS) work style or inefficiency.
4. Don't compare us with illegals.
What we should be discussing:
1. Reference to EB3 I 2001 and 2002 cases and possibilities with new VISA flow structure
2. Difficulties in using AC21/EAD to switch jobs
3. Very importantly - how they view EB3 I dates not moving forward in the last few years (besides last july) and what their plans are to address it (besides passing a legislation)
4. To give us some direction in planning for the GC wait - by providing us how many cases are pending with break-down year wise - will indicate that people can make their own decision either to continue GC process or give up and go elsewhere (we will not demand GC but seek information to enable ourselves to make a wiser decision)
5. Their game plan if a legislation does not pass, say, for the next 2 years. Can they make some changes at administration level to help us? Like relax EAD restrictions?
These are not high demands but fair enough questions from aspiring immigrants who are in the queue as long as 8 years!!
We will send letters to President, Immigration sub-committee, DOS and USCIS chief, CHC members either before or immediately after the meeting.
The intention is not to come back with GC for every EB3 I but atleast make a representation and seek some quality information from them. Also, give them the feeling that we may not wait forever.
If these ideas are stupid, my apologies.
I strongly believe nothing like meeting with people in person.
And, if we are doing this, we should do this as early as 1st week of September.
Thoughts?
We should keep this very low profile - meaning:
1. No high demands - shouldn't ask to make EB3 I current in October
2. Shouldn't compare or discuss EB2 I and C
3. Shouldn't complain their (USCIS/DOS) work style or inefficiency.
4. Don't compare us with illegals.
What we should be discussing:
1. Reference to EB3 I 2001 and 2002 cases and possibilities with new VISA flow structure
2. Difficulties in using AC21/EAD to switch jobs
3. Very importantly - how they view EB3 I dates not moving forward in the last few years (besides last july) and what their plans are to address it (besides passing a legislation)
4. To give us some direction in planning for the GC wait - by providing us how many cases are pending with break-down year wise - will indicate that people can make their own decision either to continue GC process or give up and go elsewhere (we will not demand GC but seek information to enable ourselves to make a wiser decision)
5. Their game plan if a legislation does not pass, say, for the next 2 years. Can they make some changes at administration level to help us? Like relax EAD restrictions?
These are not high demands but fair enough questions from aspiring immigrants who are in the queue as long as 8 years!!
We will send letters to President, Immigration sub-committee, DOS and USCIS chief, CHC members either before or immediately after the meeting.
The intention is not to come back with GC for every EB3 I but atleast make a representation and seek some quality information from them. Also, give them the feeling that we may not wait forever.
If these ideas are stupid, my apologies.
I strongly believe nothing like meeting with people in person.
And, if we are doing this, we should do this as early as 1st week of September.
Thoughts?
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dvb123
07-16 12:09 AM
I do not want to spoil the party fun but somewhere in my mind there is a lingering doubt. I read Ron Gotcher's post about August 2008 bulletin.
http://immigration-information.com/forums/showthread.php?p=20233#post20233
He says that Eb2 India will retrogress to 2003 or 2004.
This is my opinion. TSC 485 processing time is July 17,2007. NSC 485 processing cut off date is July 28th, 2007. I don't know if CSC is still processing 485 EB applications but CSC EB processing cut off date on its website is April 04, 2006. The priority date for June 2007 bulletin was April 1st2004.
Lot of big law firms filed 485's around August 1st because the date for filing 485's was extended to August 17th. So I think these 485's are still unadjudicated. Once they get adjudicated there would be retrogression. Analysts analyze. However the silver lining would be removal of concurrent processing of I-140 and I-485 which may give some additional EB 2 numbers next year.
http://immigration-information.com/forums/showthread.php?p=20233#post20233
He says that Eb2 India will retrogress to 2003 or 2004.
This is my opinion. TSC 485 processing time is July 17,2007. NSC 485 processing cut off date is July 28th, 2007. I don't know if CSC is still processing 485 EB applications but CSC EB processing cut off date on its website is April 04, 2006. The priority date for June 2007 bulletin was April 1st2004.
Lot of big law firms filed 485's around August 1st because the date for filing 485's was extended to August 17th. So I think these 485's are still unadjudicated. Once they get adjudicated there would be retrogression. Analysts analyze. However the silver lining would be removal of concurrent processing of I-140 and I-485 which may give some additional EB 2 numbers next year.
more...
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WillIBLucky
12-11 11:58 AM
I would love to know how many people are here in michigan who are members.
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roseball
03-29 03:57 PM
Hi Guys,
I need your help on this. My cousin is running this small IT company in india and he mentioned that when US client sends their money to India via Pay Pal or some secure money transfer , they are charging them 4 % of transfer amount.
He ask me that what could be the best way to avoid this fees , some of the option that we thought about,
1) If they (cousin's company) open an bank account in USA and utilize this to transfer the money to indian bank account - Would they still need to pay US tax as money is being deposited into the US account?
2) If I utlize my bank account - I think in this scenarion I have to pay the US tax for whatever money the client is depositing into my account in order to make this legal transfer
3)If US client utilize remit2india, ICICI to transfer money which I highly doubt
I appriciate your responce on this.
If you are working on H1, #2 is not an option. You will be violating immigration laws by accepting payment from unauthorized sources by doing so.
I need your help on this. My cousin is running this small IT company in india and he mentioned that when US client sends their money to India via Pay Pal or some secure money transfer , they are charging them 4 % of transfer amount.
He ask me that what could be the best way to avoid this fees , some of the option that we thought about,
1) If they (cousin's company) open an bank account in USA and utilize this to transfer the money to indian bank account - Would they still need to pay US tax as money is being deposited into the US account?
2) If I utlize my bank account - I think in this scenarion I have to pay the US tax for whatever money the client is depositing into my account in order to make this legal transfer
3)If US client utilize remit2india, ICICI to transfer money which I highly doubt
I appriciate your responce on this.
If you are working on H1, #2 is not an option. You will be violating immigration laws by accepting payment from unauthorized sources by doing so.
more...
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eb3retro
09-23 10:46 PM
Centre: Nebraska
I485: July 2
EAD: Approved
hi iheartindia79, is your EAD approved by NE? and where was your I-140 approved from?
I485: July 2
EAD: Approved
hi iheartindia79, is your EAD approved by NE? and where was your I-140 approved from?
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smisachu
07-19 05:36 PM
[QUOTE=GCBy3000]Guys dont get trapped. Since USCIS is exposed now and forced to accept 1 million application for AOS, these things are coming up. USCIS and DHS are the pets of US Govt. Govt wont let them down under any circumstances.
No Resources- Bull..How did they process 60K in 13 days with no resources..
I betcher, we will get 3 year EAD and AP, plus some kind of reform so that they can get out of this mess..
No Resources- Bull..How did they process 60K in 13 days with no resources..
I betcher, we will get 3 year EAD and AP, plus some kind of reform so that they can get out of this mess..
more...
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lazycis
04-25 09:16 PM
ask lawyer to file MTR and resend response to RFE along with it. You should get a quick response (within 4-6 weeks). If MTR is denied, ask to file appeal, but sometimes it's better to change employer and start from scratch. Appeal can be a long process.
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485Mbe4001
07-31 07:01 PM
According to my lawyer, " dont worry, USCIS routinely redistributes cases between offices to adjust its workload." (confirm with your lawyer too)
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hopefulgc
08-13 11:50 PM
paskal,
you are telling me someone thought of this before me.. dang.. people are fast.. but i guess its hard to know because i don't really read all the forum topics.. too many. i think i will there at the dc rally. logistics in order. i m excited .. yay!
texcan,
allow me to indulge you with this rhyme
member -> 50 posts
senior member -> 100 posts
administrator -> 5 gazillion posts
one small card green in color -> PRICELESS
peace of mind is something forum post can never bring.. for that you need green card !
hopeful gc for this insight.
we have been through this numerous times now on threads that can no longer be counted. may i request you not to create new threads for discussions that are already taking place in every conceivable corner of this forum?
i hope to see you in DC, your enthusiasm would be well directed in iv's efforts to end retrogression once and for all. just consider it...never having to worry about receipts again :-)
sounds good? let's do DC on 9/18!
you are telling me someone thought of this before me.. dang.. people are fast.. but i guess its hard to know because i don't really read all the forum topics.. too many. i think i will there at the dc rally. logistics in order. i m excited .. yay!
texcan,
allow me to indulge you with this rhyme
member -> 50 posts
senior member -> 100 posts
administrator -> 5 gazillion posts
one small card green in color -> PRICELESS
peace of mind is something forum post can never bring.. for that you need green card !
hopeful gc for this insight.
we have been through this numerous times now on threads that can no longer be counted. may i request you not to create new threads for discussions that are already taking place in every conceivable corner of this forum?
i hope to see you in DC, your enthusiasm would be well directed in iv's efforts to end retrogression once and for all. just consider it...never having to worry about receipts again :-)
sounds good? let's do DC on 9/18!
TheCanadian
04-03 07:46 PM
Scythe - that would mean that the three tied entries would get around $85 dollars (150+100 divided by 3), and that seems a bit unfair considering second place is $150 and third place is $100.
I'll get the poll up right now. It took me a little longer than expected because Temp poked me in the eye with his poke.
:P
Technically this is a tie for third, not first. So all of the first, second and third prize money could've been combined and split between the three tied entries.
But run-offs are better anywho.
I'll get the poll up right now. It took me a little longer than expected because Temp poked me in the eye with his poke.
:P
Technically this is a tie for third, not first. So all of the first, second and third prize money could've been combined and split between the three tied entries.
But run-offs are better anywho.
bugsbunny
03-29 03:55 PM
I am confused because I read that you have to declare any foreign accounts held.
This applies to US Citizens ...it may apply to you if you already have your green card...but i am not fully sure about this....and i am quite sure it does not apply if you are on a work visa
This applies to US Citizens ...it may apply to you if you already have your green card...but i am not fully sure about this....and i am quite sure it does not apply if you are on a work visa
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