GC08
03-10 05:53 PM
Welcome hopelessinseattle!
I live in Seattle as well.
You are right. They do not tell you likely because employers enjoy the idea that people visa dependent many times turn out to be "more productive" for the company. This is just a nuance, but I can speak from my own experience that I used to work longer hours and demand less when I was on H1B. It is a fact.
Only time will tell. There is no lawsuit angle to be explored against this as far as I know.
It is interesting what other members reported about people being in denial, even when you clarify about the difficulties about the greencard process. I had my own brother coming here and his employer talked big about greencard, etc and he started making plans to bring his wife. I told him everything we have been through and he didn't pay attention to it. In the end it turned out that his profession was not even eligible for H visas.
Good luck to us all. God Bless America.
Tito
This is absolutely the truth. I think that's why some people likened H1B to "slavery"... The only difference is probably you have choice to not come under H1B, which may even disguise H1B's true nature further. :o
Maybe IV can also help spread the words about the whole H1B and GC thing to people who are thinking about coming here... not exactly as rosy as some people thought. Hopefully when people know more, they will make more informed decisions. :p
I live in Seattle as well.
You are right. They do not tell you likely because employers enjoy the idea that people visa dependent many times turn out to be "more productive" for the company. This is just a nuance, but I can speak from my own experience that I used to work longer hours and demand less when I was on H1B. It is a fact.
Only time will tell. There is no lawsuit angle to be explored against this as far as I know.
It is interesting what other members reported about people being in denial, even when you clarify about the difficulties about the greencard process. I had my own brother coming here and his employer talked big about greencard, etc and he started making plans to bring his wife. I told him everything we have been through and he didn't pay attention to it. In the end it turned out that his profession was not even eligible for H visas.
Good luck to us all. God Bless America.
Tito
This is absolutely the truth. I think that's why some people likened H1B to "slavery"... The only difference is probably you have choice to not come under H1B, which may even disguise H1B's true nature further. :o
Maybe IV can also help spread the words about the whole H1B and GC thing to people who are thinking about coming here... not exactly as rosy as some people thought. Hopefully when people know more, they will make more informed decisions. :p
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BoletoGC
11-18 05:27 PM
Hello Gurus,
My I-140 was recently approved. 140-485 filed concurently in July 2007. I have a new job offer and plan to use AC21. However I am worried because the wages at new job would be significantly higher than the old job. There are two reasons for the big difference
1-Desi employer v/s corporate employer
2-Dallas v/s New York
Any comments from people who have faced similar situation will be highly appreciated.
Thanks
My I-140 was recently approved. 140-485 filed concurently in July 2007. I have a new job offer and plan to use AC21. However I am worried because the wages at new job would be significantly higher than the old job. There are two reasons for the big difference
1-Desi employer v/s corporate employer
2-Dallas v/s New York
Any comments from people who have faced similar situation will be highly appreciated.
Thanks
kothari_rupesh
08-13 11:56 PM
possible reason for mysterious rejections :
You are a mail room guy, you go home friday (06/29) and comeback on monday (06/02).
You start the monkey business of timestamping incoming mail, but half an hours into the day (around 8 or 9:00 am), you realize "sshhttt: i did not change the date on my stamp, its still read 06-29-2007". In the classical govt. fashion, you do not bother to go back and restamp the applications with the correct datetime. Not because you are evil, but because you simply don't understand the ramifications of early stamping. You think u are doing the guy a favor, putting him/her early in line.. but guess what... the guy's application is gonna get rejected.
Could this be the case with some apps mysteriously being rejected?
my application reached NSC at 7:55am on July 2nd and I got my physical receipt notice today, mine was signed for by R Williams. checks didnt get cashed yet.
You are a mail room guy, you go home friday (06/29) and comeback on monday (06/02).
You start the monkey business of timestamping incoming mail, but half an hours into the day (around 8 or 9:00 am), you realize "sshhttt: i did not change the date on my stamp, its still read 06-29-2007". In the classical govt. fashion, you do not bother to go back and restamp the applications with the correct datetime. Not because you are evil, but because you simply don't understand the ramifications of early stamping. You think u are doing the guy a favor, putting him/her early in line.. but guess what... the guy's application is gonna get rejected.
Could this be the case with some apps mysteriously being rejected?
my application reached NSC at 7:55am on July 2nd and I got my physical receipt notice today, mine was signed for by R Williams. checks didnt get cashed yet.
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apatel_17
07-11 05:03 PM
My mother was here last year for almost 9 months (I got her visa extended). I thought one can only claim a person on visitor visa as dependent if he/she is a US or Canadian permanent resident. Is this not true? If not, how can I claim exemtions for her if she is back in India.
The key is to get IRS to issue her an ITIN. Not sure if you will be able to get her ITIN unless she is physically in the US. Please check with your local IRS office. They are quite helpful. You can amend your 2006 taxes in 2007, 2008, or even in 2009, I believe.
The key is to get IRS to issue her an ITIN. Not sure if you will be able to get her ITIN unless she is physically in the US. Please check with your local IRS office. They are quite helpful. You can amend your 2006 taxes in 2007, 2008, or even in 2009, I believe.
more...
WeldonSprings
06-13 02:00 PM
If one changes from EB3 to EB2, then priority date is lost!
Karthik,
(I am not expert) but I believe , you have to refile (New application) under EB2 catagory and port the EB3 date to EB2.
GCCovet
Karthik,
(I am not expert) but I believe , you have to refile (New application) under EB2 catagory and port the EB3 date to EB2.
GCCovet
ss_col
04-04 12:30 PM
Hi everybody,
I fail to understand how L1's are getting Green cards in 6-8 months. I have done my masters here and am waiting forever for my GC and here I met someone who has come here as a BPO devlpt manager for an Indian company and in 1 year after coming to the US gets his GC after 6 months of application. He is just a BCOM from India. On top of it he told me many of his friends in the same company and other Indian companies have got GC's in less than 6 months. I dont get it. On top of it his wife can work here on L2. How can they file under EB1 - isnt that meant for doctors and Phds? He is not even intelligent which is the saddest part. Here we are with education and exp and contributed much more to the govt here than they have and we wait for bulletins every month hoping it would move at least 15 days, getting our h1's extended everytime and dreading to go to India because of visa stamping each year. This is such a sad situation. Should not the DOL do something about this.
Regards
I fail to understand how L1's are getting Green cards in 6-8 months. I have done my masters here and am waiting forever for my GC and here I met someone who has come here as a BPO devlpt manager for an Indian company and in 1 year after coming to the US gets his GC after 6 months of application. He is just a BCOM from India. On top of it he told me many of his friends in the same company and other Indian companies have got GC's in less than 6 months. I dont get it. On top of it his wife can work here on L2. How can they file under EB1 - isnt that meant for doctors and Phds? He is not even intelligent which is the saddest part. Here we are with education and exp and contributed much more to the govt here than they have and we wait for bulletins every month hoping it would move at least 15 days, getting our h1's extended everytime and dreading to go to India because of visa stamping each year. This is such a sad situation. Should not the DOL do something about this.
Regards
more...
pointlesswait
03-21 08:06 AM
How many paystubs do you need to file for H1-extension.
In biweekly pays..can i send in 3-4 stubs....that is 2 months ..but i had taken a few days off (LOP)..hence they are not for full 80 hrs.. only the last months stubs are fro full 80 hrs.
will that be enough or do i need all 4-stubs to be 80 hrs????
In biweekly pays..can i send in 3-4 stubs....that is 2 months ..but i had taken a few days off (LOP)..hence they are not for full 80 hrs.. only the last months stubs are fro full 80 hrs.
will that be enough or do i need all 4-stubs to be 80 hrs????
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gumnam_guy
07-18 04:33 PM
Funds, There are more ideas than funds. For every new campaign, plan, we need funds. So it is an ever needed commodity. We can do a lot and lobby effectively, we just need more funds, plain and simple. Inspite of several hundreds contributing, it is not enough. Remember IV is a non-profit, so every penny is accounted for. People handling money (core IV) are sincere, honest hardworking people on work-visas, they have much to lose from not being accountable. And the most important thing is, please take a look at these hard-working IV CORE PEOPLE, please. Some of them have put thousands of dollars (I mean 5 and ten thousand) into this effort. I am not counting personal expenses, travelling to DC, lost work hours etc.
So your $100 at the bowling arena, or $50 at dinner or $35 bouquet wont get you much farther, but your recurring contribution to IV will.
Amitjoey,
Don't you think it's a good idea to post:
Total Contributions Received:
Total Expenses:
Balance:
Efforts Undertaken:
On a weekly or monthly basis by the IV Core?
I think that would motivate fellow members to contribute more (or less in some cases).
Gumnam
So your $100 at the bowling arena, or $50 at dinner or $35 bouquet wont get you much farther, but your recurring contribution to IV will.
Amitjoey,
Don't you think it's a good idea to post:
Total Contributions Received:
Total Expenses:
Balance:
Efforts Undertaken:
On a weekly or monthly basis by the IV Core?
I think that would motivate fellow members to contribute more (or less in some cases).
Gumnam
more...
uslegals
09-21 10:01 AM
Stop polluting this thread..! Please stand on your respective street corners and voice your opinion...!!!
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d123
10-04 10:13 AM
I am waiting for my AP since Aug 31 . Aug 31 is when they approved the AP and Its is lost in Transition or may be it was not at all mailed.
My wife got her AP in time we were both approved at the same time.
-D
My wife got her AP in time we were both approved at the same time.
-D
more...
kumarc123
01-26 01:50 PM
Interesting...looks like this bill is moving faster than we'd think...it would be interesting to see where it ends up. Also, it appears that this bill does not talk about giving the DV visas to existing EB-X categories but instead to create a new EB category for STEM graduates...not sure, but that's what it sounds like.
"In simple English, the bill would eliminate the annual green card lottery and give the 55,000 green cards each year to foreign-born graduates of U.S. universities with advanced degrees in the sciences or in medicine.
With the employment-based second preference category (EB-2) backlogged for many years for persons born in India and mainland China, our country would benefit greatly if 55,000 more green cards were available annually for highly-educated people."
--------------------------------------------------------------------
However the bill would also benefit EB3, as the numbers will roll down from EB2. Not a bad deal, as it would reduce everyone's stress.
"In simple English, the bill would eliminate the annual green card lottery and give the 55,000 green cards each year to foreign-born graduates of U.S. universities with advanced degrees in the sciences or in medicine.
With the employment-based second preference category (EB-2) backlogged for many years for persons born in India and mainland China, our country would benefit greatly if 55,000 more green cards were available annually for highly-educated people."
--------------------------------------------------------------------
However the bill would also benefit EB3, as the numbers will roll down from EB2. Not a bad deal, as it would reduce everyone's stress.
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user9
06-04 11:33 PM
Seems like finally you nailed it Dhundhun...:)
Also at
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=96b53591ec04d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=52a46c854523d010VgnVCM10000048f3d6a1 RCRD
read under the section
Applications/Petitions filed at this Service Center
Since all applications and petitions adjudicated at the NSC are entered into the electronic receipting systems for tracking, any application or petition received at the NSC and that has been accepted elsewhere by a USCIS office will be assigned a "LIN" (short for Lincoln.) number.
Also, just today, my lawyer asked me to file where the I485 is pending. After I filled the application online today, it too generated the LIN address where my 485 is pending, although I have now moved to PA which is under the Texas service center.
I have a quick question for everyone who has filed online. The I765 that is generated and appended at the end of the receipt pdf is an older version for me. The top left corner header is U.S. Department of Homeland Security,
Bureau of Citizenship and Immigration Service and the top right header is some OMB# and Expires 04-30-05. The bottom right footer reads Form I-765 (Rev. 5/09/02)Y
Q11. Also reads
Have you ever before applied for employment authorization from BCIS?
Which CIS Office?
Did anyone of you get the same older version. Because I would expect the online receipt form to resemble the latest paper version. Which it doesn't..atleast for me?? :confused::confused:
Please respond...Thanks...
Where to send application? This is part of instructions describing Federal Code Section "8 CFR 274a.12" and where to send.
We understand that http://www.uscis.gov/files/form/I-765instr.pdf is main reference.
This document also summarizes where to send EAD application: http://www.visapro.com/US-INS-Forms/Form-I-765.asp.
for (c)(9) I-485 pending
-- #1 Either Service Center with jurisdiction over your residence (NSC or TSC)
-- #2 or Local Office - depending on where your case is pending
The #1 is consistent with http://www.uscis.gov/files/form/I-765instr.pdf. I am confused about it #2 and perhaps my interpretation is not correct. NSC and TSC is not Local Office. As long as case is with NSC and TSC, we may need to send I-765 based on juridiction.
I have other observation also: http://www..com/discussion-forums/i765-1/121036147/last-page/
People are filing based on #1 and #2 above and it has been going OK. Seems that USCIS is able to process regardless.
Also at
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=96b53591ec04d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=52a46c854523d010VgnVCM10000048f3d6a1 RCRD
read under the section
Applications/Petitions filed at this Service Center
Since all applications and petitions adjudicated at the NSC are entered into the electronic receipting systems for tracking, any application or petition received at the NSC and that has been accepted elsewhere by a USCIS office will be assigned a "LIN" (short for Lincoln.) number.
Also, just today, my lawyer asked me to file where the I485 is pending. After I filled the application online today, it too generated the LIN address where my 485 is pending, although I have now moved to PA which is under the Texas service center.
I have a quick question for everyone who has filed online. The I765 that is generated and appended at the end of the receipt pdf is an older version for me. The top left corner header is U.S. Department of Homeland Security,
Bureau of Citizenship and Immigration Service and the top right header is some OMB# and Expires 04-30-05. The bottom right footer reads Form I-765 (Rev. 5/09/02)Y
Q11. Also reads
Have you ever before applied for employment authorization from BCIS?
Which CIS Office?
Did anyone of you get the same older version. Because I would expect the online receipt form to resemble the latest paper version. Which it doesn't..atleast for me?? :confused::confused:
Please respond...Thanks...
Where to send application? This is part of instructions describing Federal Code Section "8 CFR 274a.12" and where to send.
We understand that http://www.uscis.gov/files/form/I-765instr.pdf is main reference.
This document also summarizes where to send EAD application: http://www.visapro.com/US-INS-Forms/Form-I-765.asp.
for (c)(9) I-485 pending
-- #1 Either Service Center with jurisdiction over your residence (NSC or TSC)
-- #2 or Local Office - depending on where your case is pending
The #1 is consistent with http://www.uscis.gov/files/form/I-765instr.pdf. I am confused about it #2 and perhaps my interpretation is not correct. NSC and TSC is not Local Office. As long as case is with NSC and TSC, we may need to send I-765 based on juridiction.
I have other observation also: http://www..com/discussion-forums/i765-1/121036147/last-page/
People are filing based on #1 and #2 above and it has been going OK. Seems that USCIS is able to process regardless.
more...
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madhuvj
04-22 09:23 AM
Try the thedegreepeople.com. These people can evaluate your degree/Diploma course by course specifically for Immigration purpose with in 4-5 business days and you can consult with your lawyer to appeal against the I-140 rejection. They offer you good help when you reach them thru the phone, they have one of the best Free consultation service ( And I dont work for them .. ! lol ! ). Their rates are nominal. Iam sure this is gonna help you.
Good Luck
Good Luck
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JunRN
10-19 09:34 AM
I am not telling the July and August application only, but total pending. The 320,000 is the total AOS application receipted due to JULY VB....that is not including those pending before July.
My estimate based on that file I posted is that there are about 600k pending...and correct, it also included family based application like K1.
My estimate based on that file I posted is that there are about 600k pending...and correct, it also included family based application like K1.
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Fightwithfate
03-19 06:11 PM
My wife changed her job after getting H1B transfer receipt. Her previous H1B is not expired or revoked. After one month with new employer, her H1B is denied. We didn't appeal, but immediately filed new H1B with another employer and give paystub of the denied employer with all details. She got her H1B approved with the latest employer. This happened 4 years back.
So, if H1B denied, you can file appeal or find a new job and file new petition ASAP.
Thank you for your information.I hope you know the situation right now in USA.In jan 2010 H1 people came to Newark Airport were asked to form in a separate queue as soon as they get down from the flight for two levels of interview.Some of them are sent back.Now you can't find employer to transfer your H1 immediately.Before two years it was possible to transfer H1 with out having recent pay stubs and they never asked client letter.Now if you don't have a job you can't transfer your H1 to anybody.
Before Sep 2009 it was two minutes time to take LCA. Now it takes 1 week time to approve LCA. We never heard about Employer-Employee relationship before 2010.
So, if H1B denied, you can file appeal or find a new job and file new petition ASAP.
Thank you for your information.I hope you know the situation right now in USA.In jan 2010 H1 people came to Newark Airport were asked to form in a separate queue as soon as they get down from the flight for two levels of interview.Some of them are sent back.Now you can't find employer to transfer your H1 immediately.Before two years it was possible to transfer H1 with out having recent pay stubs and they never asked client letter.Now if you don't have a job you can't transfer your H1 to anybody.
Before Sep 2009 it was two minutes time to take LCA. Now it takes 1 week time to approve LCA. We never heard about Employer-Employee relationship before 2010.
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stuckinretro
10-16 12:12 PM
I had the exact same RFE. I'm on H1 since 1998, and you can imagine how many times I have left and entered USA. I have about 8 H1B extensions. Here's what I sent...
1). Cover Letter stating list of document to show evidence of law ful status in US.
2). I-94 card issued by CBP at the last port of entry.
3). ALL the H1B extension notices issued by USCIS. Its important that there are no gaps in dates on the extension/change of status notices.
4). passport copy containing all US visas and entry and exit stamps.
5). A document explaining the entry and exit dates matching the stamps in the passport.
6). Few pay stubs from the current H1B/green card employer that you are currently working.
7). Few W-2s for last few years.
Usually the I-94 that is on the extension of stay issued by USCIS is the same number thats issued by CBP at the Port of Entry. So, USCIS should be able to match the entry and exit information and extension of stay notices
I'm sure they know that one surrenders the white I-94 card when they leave US.
Hi ,
I received RFE on my I-131 application asking for all the I-94's that is being issued to me.
I had been in and out of US many times and there's lot if I-94's involved and I don't anything with me except the latest. What options do I have?... Also couple of times during my earlier trip (initial visits in US), the AIR Line didn't even take the I-94 from my Passport which ultimately I lost.
My Passport has all the entries indicating my Date in and Date out...
Gurus - What do you advise on my case...
Anybody's input are highly appreciated and I know we could somehow get the I-94 copies by requesting USCIS. (That is time consuming)... I have to respond in next five to ten days...
What options do I have?...
Thanks.
1). Cover Letter stating list of document to show evidence of law ful status in US.
2). I-94 card issued by CBP at the last port of entry.
3). ALL the H1B extension notices issued by USCIS. Its important that there are no gaps in dates on the extension/change of status notices.
4). passport copy containing all US visas and entry and exit stamps.
5). A document explaining the entry and exit dates matching the stamps in the passport.
6). Few pay stubs from the current H1B/green card employer that you are currently working.
7). Few W-2s for last few years.
Usually the I-94 that is on the extension of stay issued by USCIS is the same number thats issued by CBP at the Port of Entry. So, USCIS should be able to match the entry and exit information and extension of stay notices
I'm sure they know that one surrenders the white I-94 card when they leave US.
Hi ,
I received RFE on my I-131 application asking for all the I-94's that is being issued to me.
I had been in and out of US many times and there's lot if I-94's involved and I don't anything with me except the latest. What options do I have?... Also couple of times during my earlier trip (initial visits in US), the AIR Line didn't even take the I-94 from my Passport which ultimately I lost.
My Passport has all the entries indicating my Date in and Date out...
Gurus - What do you advise on my case...
Anybody's input are highly appreciated and I know we could somehow get the I-94 copies by requesting USCIS. (That is time consuming)... I have to respond in next five to ten days...
What options do I have?...
Thanks.
more...
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file485
07-12 07:32 PM
best is to find another job..and do a H1 transfer premium processing..since the RFE was with his company and not his credentials he should be safe..
My i94 expired on May 18th 2007,filed for extn around May 11th..then I filed for a H1 transfer on June 25th before the H1 extn was approved,we dint have the H1 reciept notice too as NSC was delaying issuing of reciept notices..
thankfully it was approved though the earlier H1 was not extended(this is called H1 bridging...)
but it may raise flags to the Immigration officer,cos the i94 expired in Dec..rfe was issued..better to consult attorney instead of taking wild chances..
trust me 1000$ speak/work a lot in these issues..
My i94 expired on May 18th 2007,filed for extn around May 11th..then I filed for a H1 transfer on June 25th before the H1 extn was approved,we dint have the H1 reciept notice too as NSC was delaying issuing of reciept notices..
thankfully it was approved though the earlier H1 was not extended(this is called H1 bridging...)
but it may raise flags to the Immigration officer,cos the i94 expired in Dec..rfe was issued..better to consult attorney instead of taking wild chances..
trust me 1000$ speak/work a lot in these issues..
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GCNaseeb
10-16 03:24 PM
Its risky to change job (other than same or similar) using AC21 Rule:
Here's an extracts from Shusterman.
"To determine whether the new job is the same or similar to the old job, the USCIS consults the Labor Department Dictionary of Occupational Titles (DOT) or the online O*NET Classification System (one of the two), or similar publications. The memo prohibits INS officers from denying I-485 based on failure to demonstrate that the new job is in the same or a similar occupation as the initial job unless they have consulted, on a case-by-case basis with USCIS headquarters."
Shusterman.com links to the memo at http://shusterman.com/toc-gc.html#2A1 and to the DOT and the O*NET from http://shusterman.com/toc-dol.html#7.
Here's an extracts from Shusterman.
"To determine whether the new job is the same or similar to the old job, the USCIS consults the Labor Department Dictionary of Occupational Titles (DOT) or the online O*NET Classification System (one of the two), or similar publications. The memo prohibits INS officers from denying I-485 based on failure to demonstrate that the new job is in the same or a similar occupation as the initial job unless they have consulted, on a case-by-case basis with USCIS headquarters."
Shusterman.com links to the memo at http://shusterman.com/toc-gc.html#2A1 and to the DOT and the O*NET from http://shusterman.com/toc-dol.html#7.
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georchen
09-13 01:20 PM
I received receipt nos. from CSC. Later i received EAD also. Today i received mail from USCIS stating that my case is transferred to Nebraska. :(
Does anyone know that what is the processing speed on getting mail receipt from CSC? my checks were just got encashed last night 9/12/2207.
Does anyone know that what is the processing speed on getting mail receipt from CSC? my checks were just got encashed last night 9/12/2207.
Blog Feeds
01-26 09:00 AM
Think that the Democrats and Republicans in Congress will never be able to agree about immigration policy? Better think again! When I started working as an immigration attorney, Jerry Ford was the President of the United States. Over the past 35 years, I have seen the two parties unite to pass dozens of immigration laws. Yes, I know the parties are so divided on the issue of what to do about the 12 million illegal immigrants in the U.S. that they couldn't even get together a few weeks ago to pass the DREAM Act. However, when it comes to reforming...
More... (http://blogs.ilw.com/carlshusterman/2011/01/55000-green-cards-for-employment-based-immigrants.html)
More... (http://blogs.ilw.com/carlshusterman/2011/01/55000-green-cards-for-employment-based-immigrants.html)
sh2005
03-28 10:04 AM
Wish we would not getinto United States Civics discussions and concentrate on Increasing memberships and contributing.
Dont forget the goal....there are a lot of hurdles ahead as pointed out by Sen Durbin and elk already
To have a meaningful discussion / resolution to our problems we should be aware of the process.
We SHOULD have discussions on United States civics. If we are trying to become permanent residents of this country, we need to learn about the political process.
Dont forget the goal....there are a lot of hurdles ahead as pointed out by Sen Durbin and elk already
To have a meaningful discussion / resolution to our problems we should be aware of the process.
We SHOULD have discussions on United States civics. If we are trying to become permanent residents of this country, we need to learn about the political process.
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