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  • immi2006
    08-21 05:49 PM
    1. To be fair to all, Ask all h1b's to gain 2 - 3 years of US experience, before filing for GC. (2 years of Paystub at the minumum and or tax returns).

    If there are pending apps already, at LC or 140 stage, push it on a 2 or 3 year stack and then get the h1b who has applied the GC a preference to start the process. This will ensure the oldest apps gets its merit of preference. Do it across all categories (Eb1, Eb2 , Eb3 )

    This is not too much to ask, also senators and companies - business cannot feel bitter.

    This will make the system slow down on the new applications, it will not jam the existing Que.

    (2) Second Possibility, ask all the new h1 B's who have contributed by way of taxes to US system of an amount of 80,000 USD or higher to be eligible, that way only the cream of strata is not eliminated. For instance if someone earns 125000 then he can submit his app after a year. This will demonstrate the guy is smart and needed here, since companies will not pay 125K for a guy who is not worth.

    (3) H1Bs should apply for GC from their home country and processing is to be based in their home country for the first 2 stages. (This will reduce DOL to focus on the 485 strictly, so it will reduce work load)
    Edit/Delete Message





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  • jkmc
    02-15 05:03 PM
    Hi everyone.

    i entered usa on j-1 visa. it expired on october 1, 2007. i got married a little before that - in the first week of september.
    in november i filed i-130, i-485 together with AP and EAD. a week ago i received my AP and EAD. as i planned a trip to Europe for 3 weeks to see my parents - my wife consulted a lawyer (a friend of a friend). the lawyer said that i should not leave the country since i have been out of status since october 1st and it is now dangerously close to 6 months and if i leave i can get a 3 year bar and will not be admitted back. my i-130 and i-485 are still pending. my j-1 does not have 2 year rule.

    PS. i did use search and didn't find a similar situation. my wife is freaked and i just wanted to hear second opinion from others.
    will be very grateful.
    thank you.

    HI Surge
    As far as i have understood , if you have filed your I485 before expiry of your I-94 then you are legal in the country and you can use your AP to travel.





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  • logiclife
    06-25 06:36 PM
    Hi all,
    My attorney (a great guy by the way) filed my I485 without my employment verification letter. When I raised the question, he argued that the employment verification letter cannot be a ground for denial and that worst case scenario will be USCIS sending a RFE.
    Is it true that it is not a ground for denial?
    Is is possible to send it it separately to complete the file?
    What would be your advice?
    Thanks is advance.

    The most recent USCIS memo says that if initial evidence is missing, then they can deny the petition without bothering to send the RFE. This is memo as of June 17th.

    Employment verification letter is listed in the intial evidence on 485 form. So it is very risk to send 485 without that coz it could get denied without you ever seeing an RFE.

    Ask your lawyer if he has read the USCIS memo on June 17th. If he hasnt, then send him/her this link:

    http://www.uscis.gov/files/pressrelease/RFEFinalRule060107.pdf

    Thanks.





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  • SDdesi
    08-29 05:01 PM
    This includes 2nd July 2007 received date.....

    Its very ambiguous.....on one hand they say:The processing dates shown below represent the receipt dates of petitions and applications currently being processed by the USCIS field office
    and then they also say: If the receipt date shown on your receipt notice is prior to the processing date shown below, you may call USCIS Customer Service at 1-800-375-5283

    So we cannot call the USCIS even if the RD is July 2. :confused::confused::confused:



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  • GlobalCitizen
    07-26 09:05 AM
    Hello everyone,
    I got to know about this website recently and I wish I had known it earlier.


    Anyway, I need advice/conformation


    I got married recently outside the US. However, I did not come back with my wife b/c of a couple of reasons. And I cannot bring her here in the next 3 weeks. (My H1B is getting renewed...)

    The company's lawyer is advising me not file for I-485 and wait till I become current again and apply with my wife then. (I am EB3 and my PD is March 2005)

    After reading this web and others, if I go ahead and apply now the following are the choices that I have later. Please confirm if I am right or wrong

    1. Get every document ready for my wife at all times and apply for I-485 immediately after I become current. As long as they receive her I-485 before they approve mine, she is going to be fine. She will be fine even if they receive her I-485 a day before they approve mine.

    2. If my I-485 gets approved before my wife�s I-485 get there, under section 245(k), she has 180 days to send in her I-485 as long as PD is current. And there is no penalty and no other problem with this. She can stay in the country and wait for her I-485 to approve.

    3. If I though that it was a grave mistake to apply for my I-485, I can withdraw it before it gets approved and reapply later with my wife�s when I become current again. No problem with this other than paying the fees again.

    4. My wife and change her H4 to F1 any time she wants to as long as she goes to school full time. She could be on F1 and apply for I-485 when I become current (I feel uneasy on this one).

    Please, let me know if what I listed above is right. These are the only choices that I have ready about. If there are more choices please, let me know that too. I have to make a decision by the end of tomorrow. Thank you all!





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  • dassumi
    12-23 03:00 PM
    You can use your AP with no issues. That's the exact intent of that document.


    Hi Guys,

    My wife was on a H1B visa with a company until June 2010. She is no longer working and her Her H1B visa is now expired.

    I am in the final stage of my green card process and we have both EAD and Advance parole. Since we have valid EADs and Advance Parole documents, we didn�t bother to pursue a H4 dependent visa for her. We are planning to go to Thailand next week for a 10 day vacation. I just want to confirm that she will be able to come back into the US with her Advance Parole document which is valid until June 2011.

    I would really appreciate your quick response since we are looking to purchase tickets in the next couple hours.

    Thanks and have a great weekend,



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  • solaris27
    04-20 02:41 PM
    6 months





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  • snathan
    02-23 10:07 PM
    I am not sure if BS (3 yrs) + MCA is considered to be equivalent to MS or not. But if it is, then you can definitely file for EB2 (MS +0). However, your company will need to have a job that requires these qualifications.

    Also, I am not sure why you couldn't use the experience gained with your employer. If the job description is at least 50% different than your EB3 job, you can certainly use the experience gained at your current employer.

    I am also planning to file under EB2 using the experience gained with current employer. However, I have been concerned about possible audit. Nonetheless, when I asked the audit question (in a different thread), couple of folks shared their personal experience who had gotten approval (using experience gained at same employer) without any audit.

    Has anyone seen a case where someone got audited for using the experience gained with the same employer? I think this will be a useful information for several others as well...

    Why dont you ask this question in a free attorney's call.



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  • naturopathicpt
    06-25 10:54 PM
    Actually, it is my recruiter "who" made the contract and my employer uses that as a basis. I work here in Florida. I have no sign on bonuses whatsoever. It is only the immigration, recruitment, and exam fees that were included. Basically my employer paid my recruiter just to get me here.





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  • TeddyKoochu
    04-01 08:44 AM
    Thanks all for your help and great inputs. IV has helped me a lot.

    I wish you all the best ...

    TKs, GG

    Congratulations & Best Wishes. Enjoy the moment !



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  • GlobalCitizen
    07-26 09:07 AM
    Hello everyone,
    I got to know about this website recently and I wish I had known it earlier.


    Anyway, I need advice/conformation


    I got married recently outside the US. However, I did not come back with my wife b/c of a couple of reasons. And I cannot bring her here in the next 3 weeks. (My H1B is getting renewed...)

    The company's lawyer is advising me not file for I-485 and wait till I become current again and apply with my wife then. (I am EB3 and my PD is March 2005)

    After reading this web and others, if I go ahead and apply now the following are the choices that I have later. Please confirm if I am right or wrong

    1. Get every document ready for my wife at all times and apply for I-485 immediately after I become current. As long as they receive her I-485 before they approve mine, she is going to be fine. She will be fine even if they receive her I-485 a day before they approve mine.

    2. If my I-485 gets approved before my wife�s I-485 get there, under section 245(k), she has 180 days to send in her I-485 as long as PD is current. And there is no penalty and no other problem with this. She can stay in the country and wait for her I-485 to approve.

    3. If I though that it was a grave mistake to apply for my I-485, I can withdraw it before it gets approved and reapply later with my wife�s when I become current again. No problem with this other than paying the fees again.

    4. My wife and change her H4 to F1 any time she wants to as long as she goes to school full time. She could be on F1 and apply for I-485 when I become current (I feel uneasy on this one).

    Please, let me know if what I listed above is right. These are the only choices that I have ready about. If there are more choices please, let me know that too. I have to make a decision by the end of tomorrow. Thank you all!





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  • saimrathi
    08-10 03:51 PM
    Great find..

    Please post all news related info here http://immigrationvoice.org/forum/showthread.php?t=4805&highlight=media



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  • dtekkedil
    07-06 09:17 AM
    If somebody wants to create a seperate message, release it, I can dig it.
    I am specifically interested in getting media mileage out of this. I feel, you can get media mileage, if the media is alerted before hand, otherwise 50-60-100 or 200 boukets of flowers by itself wont be enough to get attention.

    Iv has not endorsed it, probably because we have been trying to get serious media attention, and we have not gotten as much as we would like. If you are going with this flower idea - Make sure you get some reporters already involved, otherwise wont be worth it. (My take).

    Check out the plan of action here -

    http://immigrationvoice.org/forum/showthread.php?t=6029





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  • nousername
    03-30 08:08 PM
    Congratulations.. Enjoy your freedom.

    Yahoooooooooooooo......We (Me and my wife) received welcome notice today . Our 485 is approved on 25 th March.

    no updates online just received postal mail from USCIS today .

    I guess end of long wait , been in country from 2001 .

    I wish you all the best and hang in there if your PD is current you can expect the notice any time so keep checking your postal mail box .

    FYI - I dont know if my back ground check is clear or not , I guess it is .



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  • frostrated
    09-09 04:03 PM
    but the question is can someone mail the AP to India by postal mail or can someone take it along with them for their spouse if they are travelling. Precisely my question is when someone has applied for AP and when its not approved, can they travel without it and come back with AP that was approved after travel to India? This is always a grey area and no one seems to have a clear answer.

    the rule states that you have to be present in the country when you apply for AP. It does not say anything on where you need to be when it is approved. There are many cases where the applicant left the US to have the document mailed or taken along with someone to the person out of the US. The applicants on return were not asked anything. It was business as usual.





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  • Suva
    01-26 01:22 PM
    You are absolutely right. I have also completely lost the hope about it.

    Yeah....in 2011 again it will be viewed too late for CIR, because in 2012 they have to face presidential election and incumbent president would be preparing for 2nd term. And again there will be a promise for CIR and 2013 will be a fresh year, 2014 will be a mid-term election year, 2015 will be too late for the term as they have to face presidential elections in 2016. Cycle repeats...after 5 cycles (i.e. 20 years) we all will get GC or kicked out of queue by issuing rfe/memo or totally frustrated and gone back to our home country or we might be still waiting in line for CIR to rescue us.

    Along with election cycle there will be economic cycles. When cycle-of-politics favors the CIR, cycle-of-economy unfavors CIR and vice versa. Instead of reading pages and pages of news and blogs simply read it as 'CIR will never happen'.



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  • thomachan72
    11-10 02:47 PM
    Never heard of this before. Wouldn't know what to do either. Can you call them and ask? or send an email? what does your attorney say? Was an educational evaluation done on this?





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  • arsh007
    04-14 07:22 PM
    Hey all,

    I have exactly 1.8 yrs left on my h1b. My 6th year starts March 2008.

    I am in a permanent job now and my labor (EB3) priority date is Aug 2006.
    I-140 with Nebraska has been pending for the last 6 months. (yes I am going to pay 1K and get it converted to premium )

    I have another job offer (permanent) from a company in bedford, boston.

    The problem is they (like most) will not start GC processing immediately. They may start after 3 months or after 6 months per policy. No promises. :confused:

    So Questions:
    1. If the new employer submits labor after my 6th year starts, what are my options? (is it risk?)

    2. I may not be able to port PD from my current employer as my I140 is still ending and if I give my notice, they will very well cancel it before it gets approved. (Even if I convert to premium now, it will take 3 weeks to get approval and I doubt if the other employer will wait). besides I am doubtful if I can get a copy of the 140 approval.

    3. Another option I can think of is, give up this offer.
    Stick to my current employer, get I140 approved, get my 3 yr H1b extension and then try to switch. Is this even a practical option?

    Appreciate any opinions.

    I would go with option 3 based on your current situation. Getting your 3 year H1 extension after I-140 approval should be your objective. You can always switch companies after getting the 3 year extension, restart your GC process (PERM and new I-140) and port your PD from the approved I-140. Good Luck.





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  • jsb
    03-25 03:47 PM
    Give us some relief during the period of recession and make some rules for H1B guys to stay legal and claim unemployment benifits

    1. Allow H1B holders to stay unemployed but legal during this time of recession. They should be allowed unemployment insurance for the amount of money they contributed during the years of their work.
    2. Don't send RFE to those in EAD during the this time of recession.

    I don't know if these points are written as a joke. Technically H1B's are guest workers. If there is no work, they need not be here. "...Don't send RFE to those on EAD...", seems to tell don't do your job of checking whatever you are supposed to check before admitting a new immigrant.

    Best thing is do nothing, just wait and hope for the best. Any actions are not likely to favour immigration or speedup GC granting, as these are not favoured in difficult economic times.





    PHANI_TAVVALA
    10-10 10:36 AM
    When a person is on H1B with a multi-national company, he/she is an full-time employee of its U.S division and has nothing to do with the company's overseas SBU's. Even if the employee has worked at overseas division and later moved to U.S on H1B, USCIS considers the employee to have been hired fresh due to difficulty the company faced in hiring an qualified American in U.S.

    Your husband is allowed to stay in U.S (until validity of H1B) as long as you do not resign your job in U.S. But if you move to India permanently to work at your company's Indian subsidary you are automatically considered to have resigned your job in U.S. At this point your H1B becomes invalid as soon as you leave U.S and thereby your husband's H4 becomes invalid too. If he stays in U.S despite this (without changing to an alternate visa) he will be accruing out-of-status stay which will allow DHS to ban him from U.S for 3-10 years.





    nixstor
    11-14 02:22 PM
    Got notification from lawyer that my RIR for LC got rejected. It is pending in Phily BEC with a PD of Oct 2003.

    What does this mean? Kiss my LC good bye? Please explian

    Did your lawyer tell you why it got rejected? If not,ask him for more info.



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