ImmiLosers
09-25 05:25 PM
That is not true. Unless the second I-140 was filed(the EB2) requesting to use the earlier priority date, I dont think they will accept the Eb2 application with the Eb3 priority date
They did for me...
They did for me...
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vin13
02-09 07:34 AM
Immigration Visa Attorney Blog Has Just Posted the Following:
As immigration attorneys with very strong roots in the immigrant communities of Los Angeles, the lawyers at Fong & Chun stay current on legislative developments that could affect our clients and their families. On 15 December 2009, over ninety House Democrats unveiled a comprehensive immigration reform bill. The bill is called the Comprehensive Immigration Reform for America's Security and Prosperity Act of 2009 (CIR-ASAP).
President Obama has said there should be comprehensive immigration reform. The bill includes an "earned" legalization program. The program as currently proposed would allow undocumented people in the USA as of 15 December 2009 to apply for legalization. There would be special, more lenient rules for young persons. Many people want to call this an "amnesty," but it is important to see all the details about the program before getting too excited.
There are other provisions for "visa recapture" to reduce waiting times and backlogs. This bill would also put a new employment-eligibility-verification system into place. There would be harsh penalties for hiring unauthorized workers.
These proposed changes are very exciting; however, we must remember that this bill is only a PROPOSAL. It will have many reincarnations before a final bill passes, if a bill passes at all. The President has said he wants CIR on his desk by the end of 2010, but there are obviously many other things occupying the attention of Congress at this time. Stay tuned. --jcf
More... (http://www.immigrationvisaattorneyblog.com/2010/02/immigration-reform-bill-introd.html)
If you click the link attached, the article is dated February 11, 2010 and was posted yesterday (February 08, 2010):confused:
Old news........ Dated for future....:D
As immigration attorneys with very strong roots in the immigrant communities of Los Angeles, the lawyers at Fong & Chun stay current on legislative developments that could affect our clients and their families. On 15 December 2009, over ninety House Democrats unveiled a comprehensive immigration reform bill. The bill is called the Comprehensive Immigration Reform for America's Security and Prosperity Act of 2009 (CIR-ASAP).
President Obama has said there should be comprehensive immigration reform. The bill includes an "earned" legalization program. The program as currently proposed would allow undocumented people in the USA as of 15 December 2009 to apply for legalization. There would be special, more lenient rules for young persons. Many people want to call this an "amnesty," but it is important to see all the details about the program before getting too excited.
There are other provisions for "visa recapture" to reduce waiting times and backlogs. This bill would also put a new employment-eligibility-verification system into place. There would be harsh penalties for hiring unauthorized workers.
These proposed changes are very exciting; however, we must remember that this bill is only a PROPOSAL. It will have many reincarnations before a final bill passes, if a bill passes at all. The President has said he wants CIR on his desk by the end of 2010, but there are obviously many other things occupying the attention of Congress at this time. Stay tuned. --jcf
More... (http://www.immigrationvisaattorneyblog.com/2010/02/immigration-reform-bill-introd.html)
If you click the link attached, the article is dated February 11, 2010 and was posted yesterday (February 08, 2010):confused:
Old news........ Dated for future....:D
shreekhand
07-04 10:47 PM
Look at the May VB, it was current, obviously;)
"__________________
EB3 Worldwide
PD 07/11/03
I-140 RD 02/27/06 AD 03/22/06
I-485 RD 05/07/07 filed at TSC
FP 06/02/07 (Code 3) - sent to USCIS same day
LUD 06/05/07
"
For RD to be 05/07/07, you must be eligible to file in the month of May and hence PD should be current as per April VB.
EB3 ROW was still Aug 2002 in April visa bulletin. How could you file for I-485?
"__________________
EB3 Worldwide
PD 07/11/03
I-140 RD 02/27/06 AD 03/22/06
I-485 RD 05/07/07 filed at TSC
FP 06/02/07 (Code 3) - sent to USCIS same day
LUD 06/05/07
"
For RD to be 05/07/07, you must be eligible to file in the month of May and hence PD should be current as per April VB.
EB3 ROW was still Aug 2002 in April visa bulletin. How could you file for I-485?
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vamsi_poondla
01-19 01:17 PM
Thank you for correcting. I was under the impression that most of the folks were pre-July 2007 filers (retro effective fees until Aug 17th ruling given by CIS). So I thought all impacted by June and July bulletins will be paying a lot without the admin fixes. And the whole hassle of renewals every year. Just cant imagine that we are in a developed country with such silly rules and all. This country needs immigrants now more than ever...People like us who can act, change and move things in a pragmatic way...
Like you said...$2 is many times cheaper even if it is combo filing according to new fees. Let us not procrastinate further...this weekend, let us complete the letter and mail it.
All, please act...time is the essence.
The contrast correct, however the math behind is slightly wrong:
Special Instructions :
If you filed a Form I-485, Application to Register Permanent Residence or Adjust Status, on July 30, 2007, or after, then no fee is required to file a request for employment authorization on Form I-765. You may file the I-765 concurrently with your I-485, or you may submit the I-765 at a later date. If you file Form I-765 separately, you must also submit a copy of your Form I-797C, Notice of Action, receipt as evidence of the filing of an I-485.
You may be eligible to file this form electronically. Please see the related link "Introduction to Electronic Filing" for more information.
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=73ddd59cb7a5d010VgnVCM10000048f3d6a1RCR D
So regardless of number of years a family of 3 upon next renewal will pay $2099 (which is still a huge number compares to $2 :) ) once and for all. That's why USCIS thinks it a good business alternative to give out 3 year EAD/AP so that they can cut cost. At the end of the day this change if implemented will be mutually beneficial.
Like you said...$2 is many times cheaper even if it is combo filing according to new fees. Let us not procrastinate further...this weekend, let us complete the letter and mail it.
All, please act...time is the essence.
The contrast correct, however the math behind is slightly wrong:
Special Instructions :
If you filed a Form I-485, Application to Register Permanent Residence or Adjust Status, on July 30, 2007, or after, then no fee is required to file a request for employment authorization on Form I-765. You may file the I-765 concurrently with your I-485, or you may submit the I-765 at a later date. If you file Form I-765 separately, you must also submit a copy of your Form I-797C, Notice of Action, receipt as evidence of the filing of an I-485.
You may be eligible to file this form electronically. Please see the related link "Introduction to Electronic Filing" for more information.
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=73ddd59cb7a5d010VgnVCM10000048f3d6a1RCR D
So regardless of number of years a family of 3 upon next renewal will pay $2099 (which is still a huge number compares to $2 :) ) once and for all. That's why USCIS thinks it a good business alternative to give out 3 year EAD/AP so that they can cut cost. At the end of the day this change if implemented will be mutually beneficial.
more...
rolrblade
07-20 01:33 PM
What happens if I get my EAD after 180 days of concurrent filing i-140 & i-485, and my employer no longer has a vacancy for me. Can I start at another job or do I have to refile the i-140. (I'm not presently working for the company yet)
All :
this discussion is covered in more detail on this thread.
http://immigrationvoice.org/forum/showthread.php?t=10693
Please follow it there. It will help answer so many of your questions.
Sorry techbuyer....to steal your thunder :)
All :
this discussion is covered in more detail on this thread.
http://immigrationvoice.org/forum/showthread.php?t=10693
Please follow it there. It will help answer so many of your questions.
Sorry techbuyer....to steal your thunder :)
gotgc?
09-16 06:48 PM
Yesterday my employer received notice that my co-workers I-140 was denied and when she went home she received denial notice for her I-485 too. She filed EB2 concurrent.
Hi,
I agree...I am not sure whether your co-worker had another approved I-140... My lawyer said that if I dont have my other I-140 approved, my I-485 would be denied too..since I have that, she is saying that my AOS will continue to be active based on the other I-140...i want to confirm that whether its true and how can I verify that?
Gurus..please share your thoughts....
Hi,
I agree...I am not sure whether your co-worker had another approved I-140... My lawyer said that if I dont have my other I-140 approved, my I-485 would be denied too..since I have that, she is saying that my AOS will continue to be active based on the other I-140...i want to confirm that whether its true and how can I verify that?
Gurus..please share your thoughts....
more...
priti8888
01-08 03:55 PM
Is there any relation between biometrics and the final green card approval time?
I have got annecdotal info from several friends. With one exception (because of a name check process that has taken over two years!) most people receive the green card around three months after the biometrics.
Is that the case?
not true. You can be approved only if your PD is current.
I have got annecdotal info from several friends. With one exception (because of a name check process that has taken over two years!) most people receive the green card around three months after the biometrics.
Is that the case?
not true. You can be approved only if your PD is current.
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psaxena
06-30 01:13 PM
When I asked my attorney she said no you cannot.. thats what I quoted here.
Now with your suggestion, where this H1B gonna be coming from, the every year quota or will be the part of the existing H1B( that means one will not have to wait for the yearly quota.)
On visa revalidation visa stamp will show which H1B , the fulltime one or parttime?
This way everyone running out of the 6 years on Visa can actually use this route to have a total 11 years without filing the I-485. Moreover if this is true, everyone can have the backup H1B from any company in case they loose the jobs they can have the backup H1B to stay in status in the country. Now the other thing from that arises is if the main H1B is terminated on Layoff, which LCA will be in effect for salary condition.
I can work in the Software company fulltime but at the same time can work in a motel parttime, now when I get lay off from the software company ..I'll be in status but working for motel, also not full filling the condition of Highly skilled labor etc.
Can someone please explain all this. So far I know you cannot have this and this is what my attorney told me when I thought of doing that to open up a company and work as an employee partitme in it.
Mr Saxena
Please do not post misleading information. If you are not sure of something, please refrain from posting on such topics.
Now on to the OP :-
YES, you can have another H1. It is considered as a concurrent H1 or part time H1. You may work on it without any issues once you get it.
It would be a seperate case.
It should not have any effect on your current H1 or 140.
Now with your suggestion, where this H1B gonna be coming from, the every year quota or will be the part of the existing H1B( that means one will not have to wait for the yearly quota.)
On visa revalidation visa stamp will show which H1B , the fulltime one or parttime?
This way everyone running out of the 6 years on Visa can actually use this route to have a total 11 years without filing the I-485. Moreover if this is true, everyone can have the backup H1B from any company in case they loose the jobs they can have the backup H1B to stay in status in the country. Now the other thing from that arises is if the main H1B is terminated on Layoff, which LCA will be in effect for salary condition.
I can work in the Software company fulltime but at the same time can work in a motel parttime, now when I get lay off from the software company ..I'll be in status but working for motel, also not full filling the condition of Highly skilled labor etc.
Can someone please explain all this. So far I know you cannot have this and this is what my attorney told me when I thought of doing that to open up a company and work as an employee partitme in it.
Mr Saxena
Please do not post misleading information. If you are not sure of something, please refrain from posting on such topics.
Now on to the OP :-
YES, you can have another H1. It is considered as a concurrent H1 or part time H1. You may work on it without any issues once you get it.
It would be a seperate case.
It should not have any effect on your current H1 or 140.
more...
perm2gc
07-08 09:57 PM
I was wondering if we have approached "Consulate General of India" and Ministry for Immigrant Indians (Aapravasi Bhartiya Mantralaya) and check if they can help us in this visa fiasco. Indian statesman and good enough in visiting America to get foreign investment at the state or central level, but where do they stand when the same disapora need their help to find injustice they face on the foreign land. Any thoughts?
May be we can get their help to gather support from pro India congressmen and senators
India govt will not involve in USA internal matters.Idea was floated long back by few members and core team responded to it.
May be we can get their help to gather support from pro India congressmen and senators
India govt will not involve in USA internal matters.Idea was floated long back by few members and core team responded to it.
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prom2
10-22 07:47 PM
Opening this new thread due admin closed the other one.
Lets track June 07 filers.
Good luck !
TSC Jun 25
Waiting AP and GC.
Lets track June 07 filers.
Good luck !
TSC Jun 25
Waiting AP and GC.
more...
nj_03_2004
07-26 02:36 PM
I think if it is voted then it will pass. It also has Senator Chuck Schumer�s (D-NY) amendment (2448) provision.
It should get more Democrat votes this time.
It should get more Democrat votes this time.
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crazyghoda
03-25 03:43 PM
"There are tons of skilled LEGAL immigrants from India/China waiting to buy houses with 20% down payment but wont because our immigration system have yet to process their green cards. Reform immigration & it will eventually improve the housing market."
Got it in with 1 character to spare :D
Please vote on this guys!!
Got it in with 1 character to spare :D
Please vote on this guys!!
more...
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Robert Kumar
01-03 10:46 AM
Hello,
Respectfully, but Yinzak is incorrect. While working for a law office, we researched the issue for a client. There is a memo issued by uscis many years ago. There is NOTHING in INA that says that a person on H-1B visa or status can't attend college and the memo states that as long as attendance to college is "incidental" to the H-1B, not a problem. As such, if a person Maintains H-1B employment, and all the H-1B requirements continue to exist, one can attend college part of full time. In fact, some colleges offer in-state tuition for H-1B applicants. Changing to F-1 is impossible because of immigrant intent showed by GC petition pending for this person.
Brooklyn college is one that offers in-state tuition for H-1s and does not require change in status at all.
Thanks for information.
So are you saying, the employer need not pay me, while I'm full time in school.
1. How does it effect H1B status.
2. OK, I'm willing to loose H1B status, but can be on EAD. Is that ok, and not work anywhere.
3. I'll convince my employer about this option, and he will in 90% case will say that he'll still sponsor GC.
Respectfully, but Yinzak is incorrect. While working for a law office, we researched the issue for a client. There is a memo issued by uscis many years ago. There is NOTHING in INA that says that a person on H-1B visa or status can't attend college and the memo states that as long as attendance to college is "incidental" to the H-1B, not a problem. As such, if a person Maintains H-1B employment, and all the H-1B requirements continue to exist, one can attend college part of full time. In fact, some colleges offer in-state tuition for H-1B applicants. Changing to F-1 is impossible because of immigrant intent showed by GC petition pending for this person.
Brooklyn college is one that offers in-state tuition for H-1s and does not require change in status at all.
Thanks for information.
So are you saying, the employer need not pay me, while I'm full time in school.
1. How does it effect H1B status.
2. OK, I'm willing to loose H1B status, but can be on EAD. Is that ok, and not work anywhere.
3. I'll convince my employer about this option, and he will in 90% case will say that he'll still sponsor GC.
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LongJourny
01-20 07:25 PM
Is it ok to mention the last date of my previous employment at august 23rd. The employment letter I receive from company A states the same. Last time I got my H1 visa stamped using same information. However, this time I am going to a different consulate and not sure what could be the out come. I also have advance parole with me. If worst happens can I use advance parole?
more...
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gandalf_gray
06-02 10:13 AM
Kaiser.
thx for replying . but I do not want both Visa on Oct1.
My L1 ends sometime in mid September.
My H1 would be effective only from Oct 1.
So, during this time I will be out of status right ?
So if I do my L1 Extension, I might solve the problem.
But Will doing that affect the approved H1 ?
Pls. help. thanks.
thx for replying . but I do not want both Visa on Oct1.
My L1 ends sometime in mid September.
My H1 would be effective only from Oct 1.
So, during this time I will be out of status right ?
So if I do my L1 Extension, I might solve the problem.
But Will doing that affect the approved H1 ?
Pls. help. thanks.
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smartboy75
11-02 02:25 AM
next time make sure only news pertaining to smartboy is posted...all else can wait...hail smartboy
cjain...
Everybody has a right to express their opinions...immuser has the freedom to share information..I have the freedom to express my opinion....Hope you learn something from posts from alterego..He shared a different view which was very informative....I admit I had'nt thought about it that way...showed me a different perspective...
I guess it's time you grow up....by making sarcastic comments you help no one....If you have nothing to say....there is no rule in the forumn that you have to.....Ever tried keeping your mouth Shut...
Its better to keep your mouth Shut and let others think you are a fool, rather than opening your mouth and confirming all doubts ...
cjain...
Everybody has a right to express their opinions...immuser has the freedom to share information..I have the freedom to express my opinion....Hope you learn something from posts from alterego..He shared a different view which was very informative....I admit I had'nt thought about it that way...showed me a different perspective...
I guess it's time you grow up....by making sarcastic comments you help no one....If you have nothing to say....there is no rule in the forumn that you have to.....Ever tried keeping your mouth Shut...
Its better to keep your mouth Shut and let others think you are a fool, rather than opening your mouth and confirming all doubts ...
more...
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perm2gc
07-08 09:57 PM
I was wondering if we have approached "Consulate General of India" and Ministry for Immigrant Indians (Aapravasi Bhartiya Mantralaya) and check if they can help us in this visa fiasco. Indian statesman and good enough in visiting America to get foreign investment at the state or central level, but where do they stand when the same disapora need their help to find injustice they face on the foreign land. Any thoughts?
May be we can get their help to gather support from pro India congressmen and senators
India govt will not involve in USA internal matters.Idea was floated long back by few members and core team responded to it.
May be we can get their help to gather support from pro India congressmen and senators
India govt will not involve in USA internal matters.Idea was floated long back by few members and core team responded to it.
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trips2010
08-27 07:36 PM
Any one get refund from USCIS ??
I sent EAD application on 05/01,was approved on 06/14 and never received to my address,called after 30 days of receiving email,they said card lost in the mail and they suggested to apply replacement card.I applied for replacement card,approved and also received last week and since monday receiving emails saying card production ordered on old one which was mentioned as lost in the email.I just spoke to USCIS representative,he suggested to send a letter to TSC for refund request.
any one sent letter for refund before ? do we have any form for refund ?
How this will work out ?
I sent EAD application on 05/01,was approved on 06/14 and never received to my address,called after 30 days of receiving email,they said card lost in the mail and they suggested to apply replacement card.I applied for replacement card,approved and also received last week and since monday receiving emails saying card production ordered on old one which was mentioned as lost in the email.I just spoke to USCIS representative,he suggested to send a letter to TSC for refund request.
any one sent letter for refund before ? do we have any form for refund ?
How this will work out ?
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kondur_007
05-12 01:45 PM
The above statement is incorrect. You will have to re-file the LC in addition to the I-140 for a port. There is some more info on Eb3 to Eb2 here: Upgrading from EB3 to EB2 (http://www.imminfo.com/Library/green_cards/EB/upgrading_eb3_eb2.html)
While it is true that majority of the time (when job titles and descriptions are substantially different) you need to new PERM; I know at least two cases who were able to port using the SAME labor and filed new I 140 under EB2. It all depends on original job description and language of original PERM vs new job description.
Bottom line: get a consultation from a good attorney before giving it up.
Good Luck.
While it is true that majority of the time (when job titles and descriptions are substantially different) you need to new PERM; I know at least two cases who were able to port using the SAME labor and filed new I 140 under EB2. It all depends on original job description and language of original PERM vs new job description.
Bottom line: get a consultation from a good attorney before giving it up.
Good Luck.
vamsi_poondla
01-20 11:56 PM
I wrote two copies of handwritten letters. I will mail them tomorrow. Now I can bash all fence sitters with no guilt :-) Kidding.
Folks, please resolve to write the letter at least today Dr. MLK's Birthday. He fought for civil rights and we are fighting for human rights...well not really but still a serious issue for over half million future Americans (or parents of Americans)
Folks, please resolve to write the letter at least today Dr. MLK's Birthday. He fought for civil rights and we are fighting for human rights...well not really but still a serious issue for over half million future Americans (or parents of Americans)
chanduv23
02-05 03:39 PM
I know the residency application process. I needed help in finding out any hospitals or institutions offering the observership programs.
Thanks
go to usmleforum.org , you will get excellent help there, it is most happening for FMGs , from what I hear, getting an observership needs recomendation, so start using your network to find any doctors. Observerships are generally not given to people without recomendation because of the HIPAA rules. You may be better off seeking a research position too, stick to New York City where you have a lot of community hospitals and are h1b friendly and you will definitely find some of your alumni, seniors etc... So start off now and try to get some leads.
Good Luck
One more piece of advice: Though u may find a lot of Indians/South Asians on h1b doing residencies, things are changing now, hospitals are now very choosy on h1bs and it is a challenge to secure a residency on h1b. A lot of H1bs are given to people with exceptional scores with experience and most of them go to people who have UK clinical experience (people worked 5 to 10 years in UK) as they seem to be a natural fit. So do your homework and work towards your target.
Thanks
go to usmleforum.org , you will get excellent help there, it is most happening for FMGs , from what I hear, getting an observership needs recomendation, so start using your network to find any doctors. Observerships are generally not given to people without recomendation because of the HIPAA rules. You may be better off seeking a research position too, stick to New York City where you have a lot of community hospitals and are h1b friendly and you will definitely find some of your alumni, seniors etc... So start off now and try to get some leads.
Good Luck
One more piece of advice: Though u may find a lot of Indians/South Asians on h1b doing residencies, things are changing now, hospitals are now very choosy on h1bs and it is a challenge to secure a residency on h1b. A lot of H1bs are given to people with exceptional scores with experience and most of them go to people who have UK clinical experience (people worked 5 to 10 years in UK) as they seem to be a natural fit. So do your homework and work towards your target.
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