thandan
03-17 06:07 PM
For sure, I will be consulting with an attorney, but just wanted to get as much information as possible. From what I have seen, the lawyers who reply to these posts here give some very valid points which can then be the basis of further discussions
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amitjoey
01-11 11:46 AM
Just so everybody understands:
This bill has been referred to the House Committee on the Judiciary on Jan 5th 2011.
This bill is in the first step in the legislative process. Introduced bills and resolutions first go to committees that deliberate, investigate, and revise them before they go to general debate. The majority of bills and resolutions never make it out of committee.
There have been a lot of bills in the previous years that have not made it to the floor.
IV can make it an action item if the bill comes out of the committee and is going to go on the floor for debate.
Members need to constantly educate lawmakers, approach the judiciary committe and tell them about the issues we face. Unless we educate and build pressure, these kind of bills will never come to the floor.
Venting or wishing for some bill to come on floor will not help. Talking to lawmakers in person, educating lawmaker's staff and building pressure to keep our issues alive is the only way forward.
This bill has been referred to the House Committee on the Judiciary on Jan 5th 2011.
This bill is in the first step in the legislative process. Introduced bills and resolutions first go to committees that deliberate, investigate, and revise them before they go to general debate. The majority of bills and resolutions never make it out of committee.
There have been a lot of bills in the previous years that have not made it to the floor.
IV can make it an action item if the bill comes out of the committee and is going to go on the floor for debate.
Members need to constantly educate lawmakers, approach the judiciary committe and tell them about the issues we face. Unless we educate and build pressure, these kind of bills will never come to the floor.
Venting or wishing for some bill to come on floor will not help. Talking to lawmakers in person, educating lawmaker's staff and building pressure to keep our issues alive is the only way forward.
msyedy
03-24 04:05 PM
Hello fellows in pain!
I have a question, I am currently stuck in EB3 retrogression with 140 approved. I am contemplating switching jobs and try out for EB2. Could anyone please share thoughts on my chances? Below are my education / experience details:
- US Bachelors in Computer Science
- More less 5-6 years of experience in my field plus a number of advanced certifications from Microsoft and Sun (I suppose these don't really matter).
- However, the above mentioned years of experience have not been all gained right after college. Last 2 years of college I was working full time in my field and going to school full time.
Any suggestions would be extremely helpful!
Cheers,
Me.
I believe that EB2 means - Bachelors + 5years experience after getting a degree. Many of my friends have filed under Eb2 with bachelor + 5 as their lawyer suggested them to.
It depends on the lawyer. Get a good lawyer and find out if he can help you.
I have a question, I am currently stuck in EB3 retrogression with 140 approved. I am contemplating switching jobs and try out for EB2. Could anyone please share thoughts on my chances? Below are my education / experience details:
- US Bachelors in Computer Science
- More less 5-6 years of experience in my field plus a number of advanced certifications from Microsoft and Sun (I suppose these don't really matter).
- However, the above mentioned years of experience have not been all gained right after college. Last 2 years of college I was working full time in my field and going to school full time.
Any suggestions would be extremely helpful!
Cheers,
Me.
I believe that EB2 means - Bachelors + 5years experience after getting a degree. Many of my friends have filed under Eb2 with bachelor + 5 as their lawyer suggested them to.
It depends on the lawyer. Get a good lawyer and find out if he can help you.
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H1B-GC
07-15 04:49 PM
you can say that.USCIS processes the case Erratically . No Logic . No FIFO. Its just like playing the French Roulette. Sad but True.
more...
Winner
05-21 12:31 PM
Good post
Pappu, Can this post be moved to "Ask lawyers" area of forum to get other lawyers opinion as well?
I've seen many companies trying their best to convince their employees to use their EAD instead of paying 10 times more for the H1B extension. This is very valid from company's stand point.
But it will be helpful for fellow immigrants to know exactly what they are getting into when they decide to when they abandon their H1B visa.
Pappu, Can this post be moved to "Ask lawyers" area of forum to get other lawyers opinion as well?
I've seen many companies trying their best to convince their employees to use their EAD instead of paying 10 times more for the H1B extension. This is very valid from company's stand point.
But it will be helpful for fellow immigrants to know exactly what they are getting into when they decide to when they abandon their H1B visa.
MahaBharatGC
10-14 01:39 PM
agree.. 90 days is too much.. esp when just dates need to be extended.. In the first place.. it should be non-expiring .. something like valid with I-485 Receipt... and then when accepting EAD employer can check the I-485 status that its still pending... and any change will send email to the employer about 485 current status...
But then my dear.. where's the money...
Gov: Show me the money?
USCIS: let sdo 1 year EAD/AP renewal... and we can sit for 90 days on it for generating this much money... and find cheapest ways of printing the card and mailing... If errors happen we might get more money :-)
Gov: why are you not moving dates and making more money?
USCIS: Okay we'll issue 2year EAD and accept more new apps...
and so on...
Well said and may be we should add to Show me the money...
USCIS: We should implement a application storage fee for each pending I-485 which should be paid every year to determine if the person is still in work?
Very very ridiculous!!!
But then my dear.. where's the money...
Gov: Show me the money?
USCIS: let sdo 1 year EAD/AP renewal... and we can sit for 90 days on it for generating this much money... and find cheapest ways of printing the card and mailing... If errors happen we might get more money :-)
Gov: why are you not moving dates and making more money?
USCIS: Okay we'll issue 2year EAD and accept more new apps...
and so on...
Well said and may be we should add to Show me the money...
USCIS: We should implement a application storage fee for each pending I-485 which should be paid every year to determine if the person is still in work?
Very very ridiculous!!!
more...
govind440
08-30 07:05 AM
Hi
tanx for ur reply. I already quit the job since i could not bear him..any more nd his mental torture...I ma planing to give a compliant to DOL and wanna c if it can be helpful to me..Si i cnat record anymore i tohught of recording it but never really got a courage to do that. I will c if i cna sue him...
Try to record few of your conversations with him with a hidden camcorder and/or voice recorder, once you are sure you have enough evidence - talk to a good lawyer, also file for a h1b transfer and change job and once you get into your new job sue this old employer for mental agony and torture etc....... lawyer will manage this
tanx for ur reply. I already quit the job since i could not bear him..any more nd his mental torture...I ma planing to give a compliant to DOL and wanna c if it can be helpful to me..Si i cnat record anymore i tohught of recording it but never really got a courage to do that. I will c if i cna sue him...
Try to record few of your conversations with him with a hidden camcorder and/or voice recorder, once you are sure you have enough evidence - talk to a good lawyer, also file for a h1b transfer and change job and once you get into your new job sue this old employer for mental agony and torture etc....... lawyer will manage this
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swamy
04-22 09:28 PM
why ban- let bigots have their say too & demean themselves in full view (what kind of degenerate would use terms like 'anchor babies')
more...
anurakt
01-08 09:21 AM
I agree with GC007. I have just been through a similar situation. My previous stamp was expiring on jan 21 07 and had gotten an extension upto 20010. I made trip to India this past december (2006) and was told by my lawyer to get the new visa stamped in India. This is because the new I-94 that you get with the extension has to be surrendered when you leave the country and on reentry you get a new I-94. That will be only valid upto the date stamped on ur passport and there is a rule that with regard to I-94, the last action takes precedence on previous actions.
This was for my H1 and my Spouse's H4 visa.
Are you 100% sure that it's the stamped visa date which will be given on the arrival and not the extension date ?? I was under the impression other way round ?
This was for my H1 and my Spouse's H4 visa.
Are you 100% sure that it's the stamped visa date which will be given on the arrival and not the extension date ?? I was under the impression other way round ?
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kpchal2
03-03 12:26 PM
hi chanduv
i am not worried about RFE or NOID. I am very much concerned about direct denial and then having to go through MTR and all the stress associated with that. Can you shed some light on the scenarios that miught cause denial other than plain old stupidity of the USCIS.
thanks
i am not worried about RFE or NOID. I am very much concerned about direct denial and then having to go through MTR and all the stress associated with that. Can you shed some light on the scenarios that miught cause denial other than plain old stupidity of the USCIS.
thanks
more...
Pineapple
11-07 10:41 AM
My lawyer did NOT fill up I-765 again. That is not required in case of obvious typos or mistakes done by USCIS. She just wrote a letter explaining the error, attached two copies of my wife's photos, and included a copy of proof of identity. (Drivers license copy). No need to write a check, obviously. Also, the letter has to be sent to the service center which issued your EAD card.
I has been about three weeks since the lawyer sent out the letter.. no replacement EAD card yet, but got a couple of LUDs in the past few days.. so I'm hopeful.. let us see..
Will post when we get the EAD card, so other's in the same boat can estimate how long it takes to get EAD cards corrected. Hope his helps..
I has been about three weeks since the lawyer sent out the letter.. no replacement EAD card yet, but got a couple of LUDs in the past few days.. so I'm hopeful.. let us see..
Will post when we get the EAD card, so other's in the same boat can estimate how long it takes to get EAD cards corrected. Hope his helps..
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kookoo
08-03 06:17 PM
What the chances are of an inquiry between the USCIS and my Previous Employer?
:confused:
:confused:
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viva
01-31 10:44 PM
United Nations, Pls help Immigration Voice.
we know your capability.
BTW, sorry for some members rude behaviour towards you.
Probably they may not know about your role in
immigrationportal.com and they may not even know how you helped lot of guys with I140 ability to pay issues.
Hi Guys, pls encourage good people like United Nations to help us.
He will be good asset for us to utilize his time and service.
He has an amazing knowledge in immigration matters.
Need not to say, knowledge is power, in present era.
What's your point? Ok, this person is knowledgeable and has helped to answer a lot of questions, I get that. What else can he do for IV? Does he have any influence with lawmakers? Can he help us increase our fundraising? If not, he is just one regular member and therefore, you need to stop wasting time trying to focus so much attention on him.
Maybe, he is a valuable addition in terms of answering other members' questions and nudging them to contribute. Beyond that, what more can he do than what the IV core team is doing with the lawmakers? Before you waste everybody's time with multiple posts singing the praises of a person, please carefully analyze how they can benefit the whole organization. Use your brains and don't just be awed by his knowledge!
we know your capability.
BTW, sorry for some members rude behaviour towards you.
Probably they may not know about your role in
immigrationportal.com and they may not even know how you helped lot of guys with I140 ability to pay issues.
Hi Guys, pls encourage good people like United Nations to help us.
He will be good asset for us to utilize his time and service.
He has an amazing knowledge in immigration matters.
Need not to say, knowledge is power, in present era.
What's your point? Ok, this person is knowledgeable and has helped to answer a lot of questions, I get that. What else can he do for IV? Does he have any influence with lawmakers? Can he help us increase our fundraising? If not, he is just one regular member and therefore, you need to stop wasting time trying to focus so much attention on him.
Maybe, he is a valuable addition in terms of answering other members' questions and nudging them to contribute. Beyond that, what more can he do than what the IV core team is doing with the lawmakers? Before you waste everybody's time with multiple posts singing the praises of a person, please carefully analyze how they can benefit the whole organization. Use your brains and don't just be awed by his knowledge!
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rangaswamy
10-04 08:10 PM
1) Find employment in some company.. preferably a small one with india /overseas operations: - reason being they can send you to india / overseas and you can work from that country. Here also you will have a small problem.. you may have to switch to local payroll because your period will be greater than 6 months (i assume dec to oct 08)
2) Get a job in a non profit... im assuming this is hard.. if its been hard for you to get a job in 9 months after graduating, narrowing down the employers will only make it more difficult.
3)Enroll in some C grade school, where you pay less fees and then try again for h1b in 2008 quota but youwill have to be on F1 at least till then.
4) Dollar rate is less, India Inc is doing well.. forget this place and go home .. get a good job... think about coming back through consultant some other time
I know a lot of people who graduated in May 07 and are in this situation.. but you graduated in Dec 06 and should have been able to find a job in your field.
If you havent so far.. then i assume your field is not doing so well or there are better candidates available.. both of which make your job hunt harder.
If i may ask.. which university did you go to?
A
2) Get a job in a non profit... im assuming this is hard.. if its been hard for you to get a job in 9 months after graduating, narrowing down the employers will only make it more difficult.
3)Enroll in some C grade school, where you pay less fees and then try again for h1b in 2008 quota but youwill have to be on F1 at least till then.
4) Dollar rate is less, India Inc is doing well.. forget this place and go home .. get a good job... think about coming back through consultant some other time
I know a lot of people who graduated in May 07 and are in this situation.. but you graduated in Dec 06 and should have been able to find a job in your field.
If you havent so far.. then i assume your field is not doing so well or there are better candidates available.. both of which make your job hunt harder.
If i may ask.. which university did you go to?
A
more...
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kris04
07-06 03:25 PM
Hi, there,
I've just done my final interview with one company. they are very satisfied with my experiences and tech skills and have strong intent to hire me. after several time interviews with them, there is only 2 candidates left. I am the one of them. but now the hiring manager has concern on my visa problem. I am currently have EAD (will expire 1 year later) and my 140 has been approved and 485 pending is far over 180 days. I should not have visa problem, right? may I get your comments how I can convince this hiring manager on my status?
thank you a lot!
:confused:
Tell the hiring manager you don't need any Visa sponsorship, but just would require a EVL detailing job description and salary details, EVL is common not just for immigration, but for securing a home loan or car loan, so HR will not have any problem in providing a EVL. I did the same last year got the job offer and notified the hiring manager and HR that I am on EAD, told them that I don't need any visa sponsorship, but a detailed EVL, hired a private attorney informed USCIS about the new employer with the EVL I secured after joining the new employer, submitted the document as part of AC 21. Last year around Aug. 2008 I got my GC got approved without any RFE.
Good luck
HTH
kris
I've just done my final interview with one company. they are very satisfied with my experiences and tech skills and have strong intent to hire me. after several time interviews with them, there is only 2 candidates left. I am the one of them. but now the hiring manager has concern on my visa problem. I am currently have EAD (will expire 1 year later) and my 140 has been approved and 485 pending is far over 180 days. I should not have visa problem, right? may I get your comments how I can convince this hiring manager on my status?
thank you a lot!
:confused:
Tell the hiring manager you don't need any Visa sponsorship, but just would require a EVL detailing job description and salary details, EVL is common not just for immigration, but for securing a home loan or car loan, so HR will not have any problem in providing a EVL. I did the same last year got the job offer and notified the hiring manager and HR that I am on EAD, told them that I don't need any visa sponsorship, but a detailed EVL, hired a private attorney informed USCIS about the new employer with the EVL I secured after joining the new employer, submitted the document as part of AC 21. Last year around Aug. 2008 I got my GC got approved without any RFE.
Good luck
HTH
kris
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morchu
05-21 12:45 AM
H1 doesn't get invalidated on a 485 rejection, even if it was approved beyond 6 year based on the pending 485. You just may not be eligible for another extension.
if your I485 is denied, all applications/extensions based on your Adjustment of Status also expire.
if your I485 is denied, all applications/extensions based on your Adjustment of Status also expire.
more...
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InTheMoment
12-10 02:33 PM
I read somewhere that CBP officers are instructed to make a photocopy themselves if 2 originals are not given.
The photocopying is best left to them as the one you make has potential of having been tampered.
Some one few days ago posted that the she was was adviced by the lawyer to hand over Photocopies of AP and keep the original for herself.
So do you have to give them the original or have them take a photocopy of it and give you back the original ?
The photocopying is best left to them as the one you make has potential of having been tampered.
Some one few days ago posted that the she was was adviced by the lawyer to hand over Photocopies of AP and keep the original for herself.
So do you have to give them the original or have them take a photocopy of it and give you back the original ?
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sandy_anand
11-09 03:27 PM
Filled out the form...
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gccovet
05-08 02:31 PM
:confused:
I am changing job and moving to EAD from h1b. My 140 is approved and 485 has been pending more than 180 days. I am in EB2 category.
Question 1 - New employer wants to inform USCIS about job change and I dont want to do so as it just might delay AOS process? suggestions/thoughsts?
Question 2 - New employer wants to apply for EAD and AP via corporate attorney and I prefer that my attorney do that but if i will have no choice I will have to give up BUT can corporate lawyers apply for my EAD and AP without me changing my legal rep with USCIS?
Question 3 - The job title was "Sr Systems Analyst" and now it would be "System Quality Analyst 5" 5 is the highest level in this company after which it goes to Tech. Manager. I dont see issue with the title...do you see any issue? (job description are similar-I would say about 70%)
Question 4 - Salary at the time of filing 140 was 60k offered for the Sr. System Analyst position and now with the new job is 100k. Can that be a problem?
Hi, I am not an expert, quoting from things I have read in the past.
Ans 1: Notifying or not notifying about job change should not delay AOS process. It might help that you might not get a RFE. People on IV and RK forum have mixed views on this. Some choose to notify some do not. In case you do not notify, you might get an RFE asking for pay stub and current company. I know Shila Murthy and some other lawyers prefer to notify.
Ans 2: Your corporate lawyer can apply, they will have to get a G28 filled out and signed from you.
Ans 3: As of now, using AC21, job title is not a problem at all. What matters is, job description, should be same or similar (definition on same/similar not clear yet- may be very soon). If the job description is very similar then it should not be a problem.
Ans 4: If salary is more then it is not a problem, should not be less then specified in I-140/LC.
Again, I don't consider myself an expert. so take this with a pinch of salt.
Good luck.
GCCovet
I am changing job and moving to EAD from h1b. My 140 is approved and 485 has been pending more than 180 days. I am in EB2 category.
Question 1 - New employer wants to inform USCIS about job change and I dont want to do so as it just might delay AOS process? suggestions/thoughsts?
Question 2 - New employer wants to apply for EAD and AP via corporate attorney and I prefer that my attorney do that but if i will have no choice I will have to give up BUT can corporate lawyers apply for my EAD and AP without me changing my legal rep with USCIS?
Question 3 - The job title was "Sr Systems Analyst" and now it would be "System Quality Analyst 5" 5 is the highest level in this company after which it goes to Tech. Manager. I dont see issue with the title...do you see any issue? (job description are similar-I would say about 70%)
Question 4 - Salary at the time of filing 140 was 60k offered for the Sr. System Analyst position and now with the new job is 100k. Can that be a problem?
Hi, I am not an expert, quoting from things I have read in the past.
Ans 1: Notifying or not notifying about job change should not delay AOS process. It might help that you might not get a RFE. People on IV and RK forum have mixed views on this. Some choose to notify some do not. In case you do not notify, you might get an RFE asking for pay stub and current company. I know Shila Murthy and some other lawyers prefer to notify.
Ans 2: Your corporate lawyer can apply, they will have to get a G28 filled out and signed from you.
Ans 3: As of now, using AC21, job title is not a problem at all. What matters is, job description, should be same or similar (definition on same/similar not clear yet- may be very soon). If the job description is very similar then it should not be a problem.
Ans 4: If salary is more then it is not a problem, should not be less then specified in I-140/LC.
Again, I don't consider myself an expert. so take this with a pinch of salt.
Good luck.
GCCovet
heywhat
08-03 06:23 PM
This is kind of fraud. My previous employer was not ready to give me experience letter so one of my friend recommended same but I did not feel comfortable doing that ( not due to fear of USCIS REF ). Just recently I came to know from one of my friend that INS randomly checks with employers and verifies experience letters. So keep your fingure crossed.
To qualify for EB2, you need detail experience letter if you do not have masters. Also I do not think you need experience letter at LC stage, but usually lawyer asks all these upfornt because they can advertise it as per roles and responsibilities performed by you. You still have time to talk to your lawyer and take that letter back. In meantime talk to your ex-employer or manager to issue letter ...
Administrator, please delete this thread .. we do not want to give more scoring points to our opponent..
To qualify for EB2, you need detail experience letter if you do not have masters. Also I do not think you need experience letter at LC stage, but usually lawyer asks all these upfornt because they can advertise it as per roles and responsibilities performed by you. You still have time to talk to your lawyer and take that letter back. In meantime talk to your ex-employer or manager to issue letter ...
Administrator, please delete this thread .. we do not want to give more scoring points to our opponent..
nyckings
10-15 12:44 PM
My wife attended for H4 stamping at Hyderabad consulate yesterday, 10/13/09. The consulate officer was asking for my current visa copy even though my wife gave my H1B extension approval copy with valid I-94.
Here is the immigration status so far:
1. Current H1 valid from Oct 09-Sep 11 with I-94
2. Earlier changed from L1 to H1 in April 2007. Then traveled to India using AP as I filed for 485 in Aug 07.
3. Had L1 visa stamping in Jan 2006.
So my old passport has L1 visa and new passport has AP stamp. Now I am thinking to answer the US Consulate Hyderabad explaining my current status - that I have a approved H1 petition but no visa stamping.
Please let me know your suggestions!!! Is there any chance that the visa can be rejected and revoked.
Now my last option is to apply for AP for my wife while she is in India.
Can I apply for AP when she is in India?
Thanks
Here is the immigration status so far:
1. Current H1 valid from Oct 09-Sep 11 with I-94
2. Earlier changed from L1 to H1 in April 2007. Then traveled to India using AP as I filed for 485 in Aug 07.
3. Had L1 visa stamping in Jan 2006.
So my old passport has L1 visa and new passport has AP stamp. Now I am thinking to answer the US Consulate Hyderabad explaining my current status - that I have a approved H1 petition but no visa stamping.
Please let me know your suggestions!!! Is there any chance that the visa can be rejected and revoked.
Now my last option is to apply for AP for my wife while she is in India.
Can I apply for AP when she is in India?
Thanks
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