glus
10-17 09:31 AM
If you enter on AP, but have a valid H1 extension approval to xx date, and the xx date approaches and you are working for only the original H-1 employer maintaining ALL the conditions of H-1, you can request an extension of H1 status and if all is ok and it will be granted and you will get back on H1B non-immigrant status. But until such time, one is not considered in H1 non-immigrant status but "adjustee of status," which is NOT any non-immigrant status.
Read closely if you did not understand the above.
Read closely if you did not understand the above.
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redindian
08-05 04:47 PM
This part refers to family benefits, i.e. payments to spouse based on your SS contributions.
The family benefits are explained on the ss website but there is no clear information about how the worker will get the benefits. On further digging, I found a document which indicates that the worker must be in the US to get the benefits.
i read that they will send a check to india if u qualify. where did u read otherwise?
The family benefits are explained on the ss website but there is no clear information about how the worker will get the benefits. On further digging, I found a document which indicates that the worker must be in the US to get the benefits.
i read that they will send a check to india if u qualify. where did u read otherwise?
eagerr2i
05-22 02:49 PM
Tear up your passports which any way does not have any pages left with all the yearly renewals and flush them down the toilet. Join the line for Z visas. Believe me that would give you more options, no problems while traveling, no tie up with your employer, no H1B's, no LC, No 140, no 485, no AC21, no advance parole paper work. You will be a free bird in this great nation. I thought that it was only in African and Asian countries that you beak the law and get away with it but here the lawmakers are encouraging the LEGAL's tax paying law abiding to do that. And most of the time these individuals are best and brightest in their fields.
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UNFLUX
05-21 06:11 PM
good stuff DJ :thumb:
I think once your battle-plate is cleared off a bit more, you and I should tangle. whattaya say?
I think once your battle-plate is cleared off a bit more, you and I should tangle. whattaya say?
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glus
01-25 08:12 AM
You have already violated your F1 status. You can not have a company apply for PERM & i140 while on F1 status, period. All that stuff of "it�s for a future position" or "you did not authorize the company to apply for I 140" is B.S. The only thing that matters is that F1 is not a dual intent visa, and initiating a immigrant process in your name (yes the PERM and I140 applications have your name on it meaning you authorized it) means you violated F1 status. You need to consult an attorney before you file for H1.
Your answer is incorrect as far as I know. Please do a little research before giving such answers.
G
Your answer is incorrect as far as I know. Please do a little research before giving such answers.
G
somegchuh
04-04 06:47 PM
Eb3India,
You make very good points.
Actually a lot of folks who are beyond 6 years are themselves to blame to some extent. We did not realize that its a long process and the sooner you start the better it is.
Here's the deal. The GC process takes 4 years on average if you are from India/China. Some ppl get it it in 3 years. Some get it in 5 years. The systems is built in a way that it has to take at least 3 years. Back when labor processing used to take 2 years (1yr state + 1yr federal), the rest took 1-2 years. Now labor is really fast and the dates are retrogressed.
So, now it will take 6 months to get labor and then 2+ years of waiting for dates to become current then processing for 1 year. So about 4 years.
Off course some of us got the short end of the stick when cases got shipped to BEC's and labor took 4 instead of 2 years. and then some people are stuck in retrogression after getting out of BEC's. Its all about knowing the entire game before getting into it. I kick myself for not starting the process sooner.
So, your options are 1) Labor subs 2) Go to India and come back as L1 3) Fight the system 4) Do nothing and wait.
look I have been here for 10 years and I kick my self everyday for not getting card, if I played my cards right I should have been worrying about citizenship now :)
many of are here for good reasons of our own deed and situations which are beyound our control, 9/11, immigration politics etc. the best way to get around this either to follow some lope hole such as labor subst, L1 etc, or fight the system thru IV, or just simply wait,
complaining that someone else is getting greencard is nothing but childesh and I hate to say this as it comes from a "Highly educated" guy like who did is MS from US :D
You make very good points.
Actually a lot of folks who are beyond 6 years are themselves to blame to some extent. We did not realize that its a long process and the sooner you start the better it is.
Here's the deal. The GC process takes 4 years on average if you are from India/China. Some ppl get it it in 3 years. Some get it in 5 years. The systems is built in a way that it has to take at least 3 years. Back when labor processing used to take 2 years (1yr state + 1yr federal), the rest took 1-2 years. Now labor is really fast and the dates are retrogressed.
So, now it will take 6 months to get labor and then 2+ years of waiting for dates to become current then processing for 1 year. So about 4 years.
Off course some of us got the short end of the stick when cases got shipped to BEC's and labor took 4 instead of 2 years. and then some people are stuck in retrogression after getting out of BEC's. Its all about knowing the entire game before getting into it. I kick myself for not starting the process sooner.
So, your options are 1) Labor subs 2) Go to India and come back as L1 3) Fight the system 4) Do nothing and wait.
look I have been here for 10 years and I kick my self everyday for not getting card, if I played my cards right I should have been worrying about citizenship now :)
many of are here for good reasons of our own deed and situations which are beyound our control, 9/11, immigration politics etc. the best way to get around this either to follow some lope hole such as labor subst, L1 etc, or fight the system thru IV, or just simply wait,
complaining that someone else is getting greencard is nothing but childesh and I hate to say this as it comes from a "Highly educated" guy like who did is MS from US :D
more...
gsc999
05-29 11:29 AM
[QUOTE=beppenyc]The problem in French is different. They bring the immigrants from Africa and North Africa to work to build the subway, La Defense (ask yourfriends),Eurostar ect ect. French has a controll of the number of immigrants, is not so difficult. The problem is that they put the immigrants living in the ghetto (Banlieu) and to not give any hope of future. When all the big project were done, they forced to sent the immigrants home, but without success. If you are really interest to see what is the reality in France, get this movie made in 1997, LA HAINE....
Yes, this is not a linear equation that illegals take American jobs and Amecans do not take menial jobs because of lower pay. If Americans were ever to take such jobs, and pays were higher, it would add to inflation, as beppenyc correctly points out. You have to be able to think strategically to understand this.
Now this issue about fairness for the legal immigrants. Normal wait time for this process is 5 to 6 years, if you are lucky. Which means that lives of such people are on "hold." They can't be promoted, accept salary increases. This is "tacit" exploitation. 5 to 6 years is a long time in US where things are more dynamic. How unfair. Also, per the law any social security they contribute will never be credited back to them because they have to work for atleast 10 years, the work visa duration is six year. Skilled workers make reasonable salaries so this is a huge amount of money which thay might never see.
Perceptions maybe far removed from reality. One of them is that immigrants will continue to bear injustice in US while globalization takes its toll on US competitiveness because of populist measures, that will hurt it in the long run.
Yes, this is not a linear equation that illegals take American jobs and Amecans do not take menial jobs because of lower pay. If Americans were ever to take such jobs, and pays were higher, it would add to inflation, as beppenyc correctly points out. You have to be able to think strategically to understand this.
Now this issue about fairness for the legal immigrants. Normal wait time for this process is 5 to 6 years, if you are lucky. Which means that lives of such people are on "hold." They can't be promoted, accept salary increases. This is "tacit" exploitation. 5 to 6 years is a long time in US where things are more dynamic. How unfair. Also, per the law any social security they contribute will never be credited back to them because they have to work for atleast 10 years, the work visa duration is six year. Skilled workers make reasonable salaries so this is a huge amount of money which thay might never see.
Perceptions maybe far removed from reality. One of them is that immigrants will continue to bear injustice in US while globalization takes its toll on US competitiveness because of populist measures, that will hurt it in the long run.
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BharatPremi
11-07 01:23 PM
Hi guyz,
Bit of addtional information that might be just what was needed to make final call.
I spoke to Fragomen, my Law firm, and they informed me that priority date for filing I 45 (Green Card last stage) is current for Labor applications (EB3) filed in April 2001 and unless something dramatic happens again, things will move at its own pace.
My Labor (in EB3) was filed in March 2003. Estimated time to get GC might be anywhere between 1 year to ... who knows....
I am leaning towards resigning and start it fresh.. wherever...even If it is US fresh H1 will always be there.
Thanks for your help and advises
Regards,
Alp
What if France is at par or worst than USA for immigration/visa purposes? Your fresh start may become rotten there too.
Bit of addtional information that might be just what was needed to make final call.
I spoke to Fragomen, my Law firm, and they informed me that priority date for filing I 45 (Green Card last stage) is current for Labor applications (EB3) filed in April 2001 and unless something dramatic happens again, things will move at its own pace.
My Labor (in EB3) was filed in March 2003. Estimated time to get GC might be anywhere between 1 year to ... who knows....
I am leaning towards resigning and start it fresh.. wherever...even If it is US fresh H1 will always be there.
Thanks for your help and advises
Regards,
Alp
What if France is at par or worst than USA for immigration/visa purposes? Your fresh start may become rotten there too.
more...
rajsand
10-04 11:29 AM
We cannot predict the future but we can predict with some given statistics!
If people who got their AP from NSC could just menion how long it took for them to receive ap document it would be statistical and we can there upon make some judgements !!
Noone is asking for exact dates from USCIS. We are all still very much in a limbo and this is just for getting some heads up!!
If people who got their AP from NSC could just menion how long it took for them to receive ap document it would be statistical and we can there upon make some judgements !!
Noone is asking for exact dates from USCIS. We are all still very much in a limbo and this is just for getting some heads up!!
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santa123
08-14 07:31 AM
Good points: Here is what I think:
- future VBs
- visa availability in the coming months
FOR THIS I HAVE DISCUSSED DETAILED PREDICTION IN FOLLOWING THREAD:
http://immigrationvoice.org/forum/showthread.php?t=20863
- awareness about visa wastage
DEFINITELY A MAJOR ACHIEVEMENT. ALL THE HAPPENINGS OF THIS YEAR (USCIS AND DOL DEPOSITIONS FOR IMMIGRATION BILLS ETC..) THERE IS CLEARLY MUCH MORE AWARENESS ABOUT VISA WASTAGE AND IT APPEARS THAT THEY ARE TRYING REAL HARD TO AVOID IT...:)
- dates becoming current for most EB categories
- light at the end of tunnel for most of us
I GUESS BOTH THESE THINGS ARE THE SAME. I THINK EB2 AND EB3 ROW WILL BE CURRENT BY THE END OF THE FISCAL YEAR AND EB3 INDIA AND CHINA WILL MOVE FORWARD SIGNIFICANTLY TO USE UP THE OVERFLOW (AS THERE ARE NO 485S FILED AFTER JULY 2007). HOPEFULLY MOST EB2 WILL GET THEIR GCS IN NEXT TWO YEARS. ADDITIONAL ONE YEAR FOR EB3 INDIA AND CHINA (ONLY A GUESS)
- USCIS efficiencies
NO COMMENT ON THIS: THEY PROVED IT AGAIN....THEY CAN NEVER BE EFFICIENT...EITHER THEY DONT HAVE RESOURCES OR THEY DONT HAVE MECHANISM TO USE THEM (LIKELY LATER SCENARIO)..AND NOTHING WILL HAPPEN WITHOUT MAJOR RESTRUCTURING OF THE SYSTEM. EVEN AFTER EVERYTHING BECOMES CURRENT, THERE WILL BE PEOPLE WITH PD IN 2001 AND 2002 STILL WAITING.
Bottomline: CHANGE is happening... Hope and prayers are helping... Good luck to all
- future VBs
- visa availability in the coming months
FOR THIS I HAVE DISCUSSED DETAILED PREDICTION IN FOLLOWING THREAD:
http://immigrationvoice.org/forum/showthread.php?t=20863
- awareness about visa wastage
DEFINITELY A MAJOR ACHIEVEMENT. ALL THE HAPPENINGS OF THIS YEAR (USCIS AND DOL DEPOSITIONS FOR IMMIGRATION BILLS ETC..) THERE IS CLEARLY MUCH MORE AWARENESS ABOUT VISA WASTAGE AND IT APPEARS THAT THEY ARE TRYING REAL HARD TO AVOID IT...:)
- dates becoming current for most EB categories
- light at the end of tunnel for most of us
I GUESS BOTH THESE THINGS ARE THE SAME. I THINK EB2 AND EB3 ROW WILL BE CURRENT BY THE END OF THE FISCAL YEAR AND EB3 INDIA AND CHINA WILL MOVE FORWARD SIGNIFICANTLY TO USE UP THE OVERFLOW (AS THERE ARE NO 485S FILED AFTER JULY 2007). HOPEFULLY MOST EB2 WILL GET THEIR GCS IN NEXT TWO YEARS. ADDITIONAL ONE YEAR FOR EB3 INDIA AND CHINA (ONLY A GUESS)
- USCIS efficiencies
NO COMMENT ON THIS: THEY PROVED IT AGAIN....THEY CAN NEVER BE EFFICIENT...EITHER THEY DONT HAVE RESOURCES OR THEY DONT HAVE MECHANISM TO USE THEM (LIKELY LATER SCENARIO)..AND NOTHING WILL HAPPEN WITHOUT MAJOR RESTRUCTURING OF THE SYSTEM. EVEN AFTER EVERYTHING BECOMES CURRENT, THERE WILL BE PEOPLE WITH PD IN 2001 AND 2002 STILL WAITING.
Bottomline: CHANGE is happening... Hope and prayers are helping... Good luck to all
more...
Ramba
09-25 12:34 PM
I recently moved to CA (San Diego). I have a DL valid till 2011, from the state where I lived before. Now, I am in AOS pending status. No more H1B visa and I-94 expired long time back. I have EAD and AP. If I go to DL office for california DL,what will be the validity period? Will it be till the EAD ( which is going to expire in next 3 months ) ? In this case I do not want to show my EAD to apply the licence. Will they accept 485 recipt notice to prove my legal status in USA ? Will they give five year license in this case?
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rockstart
04-06 09:40 AM
Change of states is trigeering RFE. If you have moved considerable distance from your previous location the RFE will ask for an updated EVL explaining that you still have the job. Which can be easily addressed by your employer & lawyer. So dont worry and wait for 5 working days to receive the RFE.
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sri1309
08-14 07:32 AM
Dear IV,
Its not about me. I am planning to do a flower or some campaign that all will agree upon in less than a week. We must do before the next bulletin comes out.
Is it possible for IV to send a very good number of flowers to the departments.
The basis for this is that some of the people here probably may not be comfortable to send to all the members due to whatever restrictions they may have(ideally they must be able to do themselves). If so, we can start a new campaign and make some fund and once again shoot that may flowers to make some difference. IV can go to a big place and place a huge order. Just my 2c.
Sorry if I sounded stupid.
Sri..
Its not about me. I am planning to do a flower or some campaign that all will agree upon in less than a week. We must do before the next bulletin comes out.
Is it possible for IV to send a very good number of flowers to the departments.
The basis for this is that some of the people here probably may not be comfortable to send to all the members due to whatever restrictions they may have(ideally they must be able to do themselves). If so, we can start a new campaign and make some fund and once again shoot that may flowers to make some difference. IV can go to a big place and place a huge order. Just my 2c.
Sorry if I sounded stupid.
Sri..
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yestogc
04-06 06:12 PM
I totally agree, you should first have an RFE in hand and the decide if it is urgent or a simple one which one can handle.......... if URGENT then do search threads to see what solutions are stated, if none match your criteria then you are welcome to post on a new thread.
Without RFE in hand, you will only get unrelated answers, instead of giving you solace it will worry you more. Like people might suggest, your old employer may have revoked your petition or you might have done something wrong in filing for AC21 (IF you have done that)............... so let it just come and then decide.
Since this was your first RFE , do not worry. I believe all of us pass through this stage of RFE , now it may be at any stage. I too got mine on 140, but gotaway with it.
Relax you will be fine.
Without RFE in hand, you will only get unrelated answers, instead of giving you solace it will worry you more. Like people might suggest, your old employer may have revoked your petition or you might have done something wrong in filing for AC21 (IF you have done that)............... so let it just come and then decide.
Since this was your first RFE , do not worry. I believe all of us pass through this stage of RFE , now it may be at any stage. I too got mine on 140, but gotaway with it.
Relax you will be fine.
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gc28262
12-10 03:02 PM
The idea here could be to give tough time for people who do not have valid visas. If they cannot get drivers license because they are on expired visa they cannot drive.
Illegals will anyway figure out a way to drive. They may even drive without a drivers license.
We are the ones who have to bear the brunt of all these illogical rules.
Can't we do anything about this ?
I read somewhere in IV that employers can't even ask for the type of work authorization when giving a job.
How come DMVs can ask our immigration status for drivers license ?
There may be scope for some action here.
Illegals will anyway figure out a way to drive. They may even drive without a drivers license.
We are the ones who have to bear the brunt of all these illogical rules.
Can't we do anything about this ?
I read somewhere in IV that employers can't even ask for the type of work authorization when giving a job.
How come DMVs can ask our immigration status for drivers license ?
There may be scope for some action here.
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Circus123
02-11 03:35 PM
Sept 2001 PD'ers (if that is a word) can expect the PD's to be current this fiscal year. I somehow feel strongly about this.
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snathan
08-17 12:35 PM
If it was EB2, you have better chance of winning lotto than get EB2 approved with 3 year degree. I had 3yrs + PG Diploma + 6 Years of Indian Experience + 13 Years of US experience and I was never able to cross the labor certification hurdle. BTW, I tried 2 times.
There is a little chance if you had 3+2 years degree and the labor was looking for Bachelor�s and would accept equalent foreign degree as evaluated by reputed firm. I believe your diploma was the hurdle.
There is a little chance if you had 3+2 years degree and the labor was looking for Bachelor�s and would accept equalent foreign degree as evaluated by reputed firm. I believe your diploma was the hurdle.
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logiclife
11-12 07:38 PM
You should have done this at least 6 months before your I-94 expiry date so that you could have used automatic Visa revalidation to reenter US after which you could have handed over your I-94 and left Canada by plane.
Now that you're running out of options, my suggestion is that you leave US by plane and find alternatives to transport your car. This is a surefire way to get your records updated.
Don't even bother about following up with attorneys or mailing the documents to "ACS - CBP SBU" as it's all time consuming and complicated. If the CBP didn’t update their records due to whatever reason, then the onus is on you to prove that you didn’t overstay your I-94.
Refer http://www.amcits.com/form_i-94.asp and search for “What If No One Takes Your I-94 Form Upon Departure”
Geez...you cant even abandon this country in peace. Even after you give up on your greencard process and relocate your life to another country, there is still a complicated mess of paperwork to be done - mail I-94 here, fill this form, fill that form, prove that you didnt overstay your stay, this whole new thing about Kentucky where I-94 needs to be mailed, and worst case, you have to come back again and take a plane just so someone would collect this stupid little piece of 3rd grade recycled paper card called the I-94 ? WTF ?
I'd be mad at this process and if I was leaving this country for good, and if they told me that I have to take a airline flight just so the might lords of CBP would be kind enough to collect my I-94 that they wont collect on the land border on highway, then I would not go thru that maze and mail that I-94 to Kentucky or wherever the hell is that place and leave it be.
Now that you're running out of options, my suggestion is that you leave US by plane and find alternatives to transport your car. This is a surefire way to get your records updated.
Don't even bother about following up with attorneys or mailing the documents to "ACS - CBP SBU" as it's all time consuming and complicated. If the CBP didn’t update their records due to whatever reason, then the onus is on you to prove that you didn’t overstay your I-94.
Refer http://www.amcits.com/form_i-94.asp and search for “What If No One Takes Your I-94 Form Upon Departure”
Geez...you cant even abandon this country in peace. Even after you give up on your greencard process and relocate your life to another country, there is still a complicated mess of paperwork to be done - mail I-94 here, fill this form, fill that form, prove that you didnt overstay your stay, this whole new thing about Kentucky where I-94 needs to be mailed, and worst case, you have to come back again and take a plane just so someone would collect this stupid little piece of 3rd grade recycled paper card called the I-94 ? WTF ?
I'd be mad at this process and if I was leaving this country for good, and if they told me that I have to take a airline flight just so the might lords of CBP would be kind enough to collect my I-94 that they wont collect on the land border on highway, then I would not go thru that maze and mail that I-94 to Kentucky or wherever the hell is that place and leave it be.
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sirimalli
08-21 03:08 PM
applied on 29th june
reached on 2nd july TX.
our checks got cleared on 15th AUG.
on 17th our i-765(EAD)-status changed to card production ordered.
but we are waiting of our receipt and FP notice
reached on 2nd july TX.
our checks got cleared on 15th AUG.
on 17th our i-765(EAD)-status changed to card production ordered.
but we are waiting of our receipt and FP notice
kkn006
08-07 09:32 PM
My priority date is June 2006.
I was with consulting company till 06/2009 after which I joined the client (fortune 10) company as full time employee. I'm on EB3 category using my EAD.
When I was with consulting company before I left they filed for my EB2 labor which is now approved.
Here is my DILEMMA.
OPTION#1) I can join my previous employer. i.e. the consulting company for interfiling between EB3 and EB2 so in which case if I go for premium I140 processing I will be on EB2 within a month or so.
BUT I'll have to leave my current full time employment which is with a fortune 10 company and good pay, I'm not comfortable to leave this position AND I do NOT want to loose the opportunity of getting my GC as soon as possible as EB2 dates are so close to my priority date.
OPTION#2) Discard the approved EB2 labor that my previous employer (consulting company) have for me and ask my current employer (fortune 10)company start my EB2 PERM labor and premium I140 and then interfile. IN THIS CASE, it might take about an year for me to get on to EB2 category BUT by then I'll miss the EB2 train if the dates become current before I get on to EB2 category....
------------------
Please provide your advice/inputs on what options I have, Do you know any other options than above specified.
Has anyone gone through this situation and how did you handle?
Any other feasible ideas that help me keep my full time position with fortune 10 company and as well get my GC on EB2 category.
-------------
Forum members helped me in the past with valuable inputs so I counting on your inputs. Please spare few minutes and help me with your inputs/advice.
I appreciate your help and time.
PS: I have 10 yrs IT experience with Master degree from US univ.
I was with consulting company till 06/2009 after which I joined the client (fortune 10) company as full time employee. I'm on EB3 category using my EAD.
When I was with consulting company before I left they filed for my EB2 labor which is now approved.
Here is my DILEMMA.
OPTION#1) I can join my previous employer. i.e. the consulting company for interfiling between EB3 and EB2 so in which case if I go for premium I140 processing I will be on EB2 within a month or so.
BUT I'll have to leave my current full time employment which is with a fortune 10 company and good pay, I'm not comfortable to leave this position AND I do NOT want to loose the opportunity of getting my GC as soon as possible as EB2 dates are so close to my priority date.
OPTION#2) Discard the approved EB2 labor that my previous employer (consulting company) have for me and ask my current employer (fortune 10)company start my EB2 PERM labor and premium I140 and then interfile. IN THIS CASE, it might take about an year for me to get on to EB2 category BUT by then I'll miss the EB2 train if the dates become current before I get on to EB2 category....
------------------
Please provide your advice/inputs on what options I have, Do you know any other options than above specified.
Has anyone gone through this situation and how did you handle?
Any other feasible ideas that help me keep my full time position with fortune 10 company and as well get my GC on EB2 category.
-------------
Forum members helped me in the past with valuable inputs so I counting on your inputs. Please spare few minutes and help me with your inputs/advice.
I appreciate your help and time.
PS: I have 10 yrs IT experience with Master degree from US univ.
Law Loving Alien
09-28 10:27 PM
Dude,
Nebraska is infact slower than Texas as far I-140/I485 goes. Checkout this link....http://www.murthy.com/news/n_nscexp.html
It says NSC is slower because they have extra VSC cases to deal with but would improve significantly once they are done with VSC cases in future.
My I-140/I-485 was filled in June 2006 too and its being processed in NSC. All we can do is wait and watch...
Nebraska is infact slower than Texas as far I-140/I485 goes. Checkout this link....http://www.murthy.com/news/n_nscexp.html
It says NSC is slower because they have extra VSC cases to deal with but would improve significantly once they are done with VSC cases in future.
My I-140/I-485 was filled in June 2006 too and its being processed in NSC. All we can do is wait and watch...
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