sukhyani
05-11 12:18 PM
A premature question : Does somebody know if there is a time limit set by law to start and finish negotiation on two competing bills by House and Senate?
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CADude
07-06 12:58 PM
Don't boil.. map_boiler. :D
CAdude, possibly you're the person in DENIAL mode. You are free to take the chill pill or any other pill you want (I am not seeking your advice for that purpose anyways). If you have a direct response to the point I made, feel free to respond, otherwise, please don't bother...
CAdude, possibly you're the person in DENIAL mode. You are free to take the chill pill or any other pill you want (I am not seeking your advice for that purpose anyways). If you have a direct response to the point I made, feel free to respond, otherwise, please don't bother...
superdoc
09-22 10:00 PM
I think your plan may work out just fine. I would make a couple of suggestions:
1. If you are taking LOA from original employer, for practical purposes (for USCIS), you are not employed with that employer any more (they go by pay stubs). But if doing so helps to avoid revocation of 140, go ahead and do it that way.
2. Because you will actually get your pay check from new employer, you are employed by them (and you will work on EAD with them, make sure that this is mentioned on your I-9 form). No matter how much ignorant your employer is, they will have to have I-9 on file and it must have your EAD (not H1).
3. After doing this, you will be on I 485 pending status (no longer on H status), and so make sure you have current EAD and AP all the time.
4. If something goes wrong with your I 485 (very unlikely); you will have to leave the country and enter back on H visa and work for H visa sponsoring employer (probably your old employer).
5. It is perfectly fine to not file AC21. AC21 is needed only if you do not plan to join original sponsoring employer after GC approval. However, if you do want to file AC21, you do not need much documentation from your new employer. It just needs the simple letter stating your job position as a "physician" and brief job duties (briefer the better!) and salary (should be proportional or higher). If you do not file AC21, you may just keep that documentation on file with your attorney (which I would do to be on safe side). The implication of having this is as follows:
--If you have this documentation (even if not filed with USCIS), at the time of approval of your GC you will have the option of just staying with new employer or going back to original employer.
--If you do not have this, you will have to go back to original employer after GC approval with a "good faith intention of permanent job".
PM me if you have questions about what I said above, and I will be happy to talk to you.
Good Luck.
very helpful reply..I guess i will go ahead and take the plunge next year ...who knows if the stars are right we may all be greened soooooon.!
gave u $$..thanx
1. If you are taking LOA from original employer, for practical purposes (for USCIS), you are not employed with that employer any more (they go by pay stubs). But if doing so helps to avoid revocation of 140, go ahead and do it that way.
2. Because you will actually get your pay check from new employer, you are employed by them (and you will work on EAD with them, make sure that this is mentioned on your I-9 form). No matter how much ignorant your employer is, they will have to have I-9 on file and it must have your EAD (not H1).
3. After doing this, you will be on I 485 pending status (no longer on H status), and so make sure you have current EAD and AP all the time.
4. If something goes wrong with your I 485 (very unlikely); you will have to leave the country and enter back on H visa and work for H visa sponsoring employer (probably your old employer).
5. It is perfectly fine to not file AC21. AC21 is needed only if you do not plan to join original sponsoring employer after GC approval. However, if you do want to file AC21, you do not need much documentation from your new employer. It just needs the simple letter stating your job position as a "physician" and brief job duties (briefer the better!) and salary (should be proportional or higher). If you do not file AC21, you may just keep that documentation on file with your attorney (which I would do to be on safe side). The implication of having this is as follows:
--If you have this documentation (even if not filed with USCIS), at the time of approval of your GC you will have the option of just staying with new employer or going back to original employer.
--If you do not have this, you will have to go back to original employer after GC approval with a "good faith intention of permanent job".
PM me if you have questions about what I said above, and I will be happy to talk to you.
Good Luck.
very helpful reply..I guess i will go ahead and take the plunge next year ...who knows if the stars are right we may all be greened soooooon.!
gave u $$..thanx
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vinodmp
02-05 09:32 PM
I received USCIS email today saying My I485 is denied . ( I have not received the letter yet). I did sow LUD on my I 140 last week.
I have switched employer after 7 months of 140 aproval. I also sent AC21 letters .
I do not know whether my previous employer revoked the I140 . ( it never changed the status from approved)
For those who got 485 deniel letter , did you see any LUD in I140 just before that ?
Thanks
-vinod
I have switched employer after 7 months of 140 aproval. I also sent AC21 letters .
I do not know whether my previous employer revoked the I140 . ( it never changed the status from approved)
For those who got 485 deniel letter , did you see any LUD in I140 just before that ?
Thanks
-vinod
more...
suresh.emails
12-12 09:41 AM
Looks like we need to catch hold �Larry King�. If we can project our Green Card issue through 'Larry King', then it would easily catch US National attention.
Can some one throw ideas on this please?.
Can some one throw ideas on this please?.
ryanjoe_99
10-24 08:12 PM
We(my husband,my two kids,and I) did finger printing on July 19,2007. Now My older son 13 years old got finger printing again. Why?, what does it mean.
I am scared
I am scared
more...
satishku_2000
08-22 06:00 PM
This is what happens after 485 receipts.
1. If one has not applied for EAD and TD , one applies for them and wait anxiously for their receipts.
2. Meanwhile some people start getting FP notices and one does not receive them he or she gets anxious. Finally one gets FP.
3. Meanwhile one gets the receipts for EAD, TD. One keeps checking the status online.
4. One goes and gives finger prints for INS.
5. Finally one gets his or her EAD and TD after 5 to 6 months , One enjoys the moment briefly.
6. Its almost a month since one received EAD and AP , Its time to apply for renewal.
7. Repeat step 1
8. Its almost 15 months since the first FP and one receives the second one because "Finger prints expire" ,
One has to repeat these steps in a cycle for almost 6 to 10 years depending on PD and "Nationality"
Meanwhile if USCIS changes any processes anywhere in the pipeline expect further delays.
I think best thing is to do participate in IV activities.
1. If one has not applied for EAD and TD , one applies for them and wait anxiously for their receipts.
2. Meanwhile some people start getting FP notices and one does not receive them he or she gets anxious. Finally one gets FP.
3. Meanwhile one gets the receipts for EAD, TD. One keeps checking the status online.
4. One goes and gives finger prints for INS.
5. Finally one gets his or her EAD and TD after 5 to 6 months , One enjoys the moment briefly.
6. Its almost a month since one received EAD and AP , Its time to apply for renewal.
7. Repeat step 1
8. Its almost 15 months since the first FP and one receives the second one because "Finger prints expire" ,
One has to repeat these steps in a cycle for almost 6 to 10 years depending on PD and "Nationality"
Meanwhile if USCIS changes any processes anywhere in the pipeline expect further delays.
I think best thing is to do participate in IV activities.
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jonty_11
06-18 11:17 AM
I think now EADs will get delayed...surely..
If its not one thing its the other....we just too many in number....God save us..
If its not one thing its the other....we just too many in number....God save us..
more...
sunnysharma
06-28 01:47 PM
Does this indicate that all dates will be 'C' in July?
Lets hope so
Lets hope so
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saileshdude
02-06 02:30 PM
vinod,
Few days ago, the IV team was looking for genuine people who got their I-485 denied because of AC21 issues. You should try to contact them. They will be able to help you out.
Also try to write to Ombudsman of the wrongful denial. This is all if indeed your AOS was denied because of I-140 revocation and pending AOS after 180 days.
Can I ask you something? Is your case a labor substitution ? If it is,I know that if the company tries subsitute a labor for a person whose moved using AC21 for another person that is not allowed.
Few days ago, the IV team was looking for genuine people who got their I-485 denied because of AC21 issues. You should try to contact them. They will be able to help you out.
Also try to write to Ombudsman of the wrongful denial. This is all if indeed your AOS was denied because of I-140 revocation and pending AOS after 180 days.
Can I ask you something? Is your case a labor substitution ? If it is,I know that if the company tries subsitute a labor for a person whose moved using AC21 for another person that is not allowed.
more...
chanduv23
07-10 09:50 AM
Don't select a lawyer just because they have a website.
Having a website does not mean they maybe really good in immigration law or customer service to their clients. It only means they know how to market themselves.
That is right. It is very difficult to judge. But the question is all about choice.
Who is good and who is not?
Who do we ask?
Can we ask USCIS?
Having a website does not mean they maybe really good in immigration law or customer service to their clients. It only means they know how to market themselves.
That is right. It is very difficult to judge. But the question is all about choice.
Who is good and who is not?
Who do we ask?
Can we ask USCIS?
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malaGCPahije
09-26 12:40 PM
hi,
i say great post! i actually was very happy in aug/sep this year and counted chicken much earlier than the eggs hatched... my eggs have not hatched... anyway, i set up an s-corp and got going... i did on my own name and with just me in it... the purpose of my s-corp was to do some non-IT work i.e. not consulting... though my day job is IT. my immigration lawyer warned me against being self employed for the GC sponsoring job... basically, if the USCIS ever becomes interested in your small business, they can ask any questions... including whether there is enough work to justify a full time employment and the burden of proof will be upon you... so if you plan to use AC21 to switch to your own company, i'd say think about it a little hard...
as for legal formalities with the state... that was a breeze... i incorporated with the state of illinois... filled out the form (2 pages). put it in the envelope with the check and sent it out... there are some other formalities too... i read the book "inc yourself" which had a bunch of easy instructions and things to watch out for... that was one amongst many books i read... did not consult any lawyer other than my immi lawyer... i use quickbooks for record keeping and have a free business checking account with national city... (i am in the midwest)... dont have cpa or lawyer yet... primarily, i want to learn the law and accounting myself before i outsource to lawyers/cpas...
all the best, let me know if i can help.. i would enjoy it...
I started an LLC earlier this year. Much easier and less risk with an LLC. It is still early to say whether the company will make it to higher grounds or not. But I sure am trying. I have me and my wife as manager members. No employees at the moment.
Best of luck to you all. GC or no GC, we can still make the entrepreneur dream happen.
i say great post! i actually was very happy in aug/sep this year and counted chicken much earlier than the eggs hatched... my eggs have not hatched... anyway, i set up an s-corp and got going... i did on my own name and with just me in it... the purpose of my s-corp was to do some non-IT work i.e. not consulting... though my day job is IT. my immigration lawyer warned me against being self employed for the GC sponsoring job... basically, if the USCIS ever becomes interested in your small business, they can ask any questions... including whether there is enough work to justify a full time employment and the burden of proof will be upon you... so if you plan to use AC21 to switch to your own company, i'd say think about it a little hard...
as for legal formalities with the state... that was a breeze... i incorporated with the state of illinois... filled out the form (2 pages). put it in the envelope with the check and sent it out... there are some other formalities too... i read the book "inc yourself" which had a bunch of easy instructions and things to watch out for... that was one amongst many books i read... did not consult any lawyer other than my immi lawyer... i use quickbooks for record keeping and have a free business checking account with national city... (i am in the midwest)... dont have cpa or lawyer yet... primarily, i want to learn the law and accounting myself before i outsource to lawyers/cpas...
all the best, let me know if i can help.. i would enjoy it...
I started an LLC earlier this year. Much easier and less risk with an LLC. It is still early to say whether the company will make it to higher grounds or not. But I sure am trying. I have me and my wife as manager members. No employees at the moment.
Best of luck to you all. GC or no GC, we can still make the entrepreneur dream happen.
more...
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gsc999
09-22 12:21 AM
The broken system is causing a reverse brain rain, right? Well How about we:
1- Each one of us buys 10 bath tub stoppers (you know, the stoppers you use when taking a bath, to stop the water from going down the drain) and mail them to Congress, Media, USCIS, etc- With a letter "Please stop the self-inflicted U.S. Reverse Brain Drain, already 100,000 highly-skilled have left, stop the 10-year green card delays for LEGAL highly-skilled immigrants that is pushing them out of the country in frustration and lured by the boming economies of their home countries. Retain these highly-skilld immigrats that the U.S. needs while American universities train more Americans in the sciences, math and technology that the country does NOT currently have and desperately needs to retain U.S. global leadership and competitiveness"...or something like that
2-At the same time, we ALL send WHITE roses to Congress (Roses are now IV's trademark, we are known for them and the peace they mean, and roses should probably be on IV's logo too) Attach same note
THAT will send a strong message!!! (trust me)
----------
Last year anti-immigrants send bricks to lawmakers to make a point about broken borders, strong symbolism, bricks to construct walls.
In a similar way, this seems like an interesting idea.
1- Each one of us buys 10 bath tub stoppers (you know, the stoppers you use when taking a bath, to stop the water from going down the drain) and mail them to Congress, Media, USCIS, etc- With a letter "Please stop the self-inflicted U.S. Reverse Brain Drain, already 100,000 highly-skilled have left, stop the 10-year green card delays for LEGAL highly-skilled immigrants that is pushing them out of the country in frustration and lured by the boming economies of their home countries. Retain these highly-skilld immigrats that the U.S. needs while American universities train more Americans in the sciences, math and technology that the country does NOT currently have and desperately needs to retain U.S. global leadership and competitiveness"...or something like that
2-At the same time, we ALL send WHITE roses to Congress (Roses are now IV's trademark, we are known for them and the peace they mean, and roses should probably be on IV's logo too) Attach same note
THAT will send a strong message!!! (trust me)
----------
Last year anti-immigrants send bricks to lawmakers to make a point about broken borders, strong symbolism, bricks to construct walls.
In a similar way, this seems like an interesting idea.
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chanduv23
10-09 05:47 AM
^^^^^^^^^^^^^^^^^^^
more...
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gc28262
02-15 11:31 AM
here also they process so many H1s..... for various many people.... skills/no skills... keep them on bench.... inflate resumes....
Some American citizens/anti-immigrant will tell you you are taking their jobs with your H1.
For them, this is their country. All jobs should go to them rather than a foreigner like you.
What is your response for that ?
Some American citizens/anti-immigrant will tell you you are taking their jobs with your H1.
For them, this is their country. All jobs should go to them rather than a foreigner like you.
What is your response for that ?
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r2i2009
05-13 03:26 PM
Guys
During 2000/01/02 around 300,000 Desis entered the country.
This is the reason for oversubscription........and FIFO is working out here.
EB2 will soon follow EB3. If you planning to change to EB2....you are inviting further delays.
Let us hang on to our EADs....this is equally well as GC....
During 2000/01/02 around 300,000 Desis entered the country.
This is the reason for oversubscription........and FIFO is working out here.
EB2 will soon follow EB3. If you planning to change to EB2....you are inviting further delays.
Let us hang on to our EADs....this is equally well as GC....
more...
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eb3_nepa
05-11 03:07 PM
Guys,
I keep hearing that "STEM will be exempt from the quota". What EXACTLY does that mean? Does it mean that:
1) STEM's can apply for 485 straight away if labor is approved regardless of PD?
2) STEM's still Cannot apply until PD is current, but after that no more waiting for the country quota
I keep hearing that "STEM will be exempt from the quota". What EXACTLY does that mean? Does it mean that:
1) STEM's can apply for 485 straight away if labor is approved regardless of PD?
2) STEM's still Cannot apply until PD is current, but after that no more waiting for the country quota
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hetuweb
10-23 09:38 PM
I received my EAD last month. But no AP yet. However, i received an email from my lawyer today that.....my AP got rejected. The rejection letter is saying that I485 got approved that's why the I131 is rejected.....therefore, my lawyer is waiting for the I485 approval.....but my lawyer told me that I can expect my card soon.
I don't know how to react. The online doesn't have any update about the I485 status yet. They received my application on July 2, 2007.
congratulation on ur grand success of getting green card.
I don't know how to react. The online doesn't have any update about the I485 status yet. They received my application on July 2, 2007.
congratulation on ur grand success of getting green card.
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chanukya
04-13 02:22 PM
It will be intersting to see how Indian Economy will flare, which is essantially driven by Outsourcing, which will take the greatest hit.
Remember Indian Economy's engine is outsourcing, once it starts to see the $ exchange pressure, forget about people coming to US, think of what will happen to standard of lving in Inida.
Can India still maintain the new glow with dollar coming down , I doubt as the Govt of India has not made any big steps to make permanent changes to infrastructure set up.
Remember Indian Economy's engine is outsourcing, once it starts to see the $ exchange pressure, forget about people coming to US, think of what will happen to standard of lving in Inida.
Can India still maintain the new glow with dollar coming down , I doubt as the Govt of India has not made any big steps to make permanent changes to infrastructure set up.
485Mbe4001
05-13 03:50 PM
EB migration was a added almost as an after thought to the family based immigration bill. Current or future considerations were not taken into account when they wrote the bill, the prime focus was (is and will be) the family based immigration as they get the most votes, they have the most 'heartbreaking' stories. I understand your point. I also dont want to argue about how USCIS distributes overflow. I have been dealt a hand i am dealing with it.
I do want to say that nothing will happen unless you make efforts to make it happen. We need to talk to the lawmakers about our problems. Half of them still think we are talking about H1 and launch into a spin about outsourcing. The H1 lobby has major companies backing them, anti immigration groups are flush with cash and are very vocal. Hispanic caucus is a big group. What about us, do we just keep discussing issues or try to educate people on our problems...if we dont we will stay a minority with no voice, simply pawns used and abused by others.
As I see, most of you are missing the point. Instead of trying to understand, you showing the maturity of mind. The whole purpose of EB immigration is to meet the Demand(Job opportunities) vs the supply(immediately available candidates).
When there are a lot of opportunities exists for EB3 level(skilled profession) and less opportunities exists for EB1(Ph.D/Executive Director), USCIS should give more no. of Visas to EB3, then EB1.
A country cannot be built with only the kings, and not even a home can be built with only Ph.Ds(Nobody do the dishes).
I do want to say that nothing will happen unless you make efforts to make it happen. We need to talk to the lawmakers about our problems. Half of them still think we are talking about H1 and launch into a spin about outsourcing. The H1 lobby has major companies backing them, anti immigration groups are flush with cash and are very vocal. Hispanic caucus is a big group. What about us, do we just keep discussing issues or try to educate people on our problems...if we dont we will stay a minority with no voice, simply pawns used and abused by others.
As I see, most of you are missing the point. Instead of trying to understand, you showing the maturity of mind. The whole purpose of EB immigration is to meet the Demand(Job opportunities) vs the supply(immediately available candidates).
When there are a lot of opportunities exists for EB3 level(skilled profession) and less opportunities exists for EB1(Ph.D/Executive Director), USCIS should give more no. of Visas to EB3, then EB1.
A country cannot be built with only the kings, and not even a home can be built with only Ph.Ds(Nobody do the dishes).
andy garcia
05-24 07:34 PM
when you can become an illegal, what prevents you from becoming an illegal with retrospective effect.. goto Hialeah near Miami,FL & you can get all the fake stuff for under $500..
Why do you need to go to Miami?
Go on e-Bay and bid for illegal certification.
Why do you need to go to Miami?
Go on e-Bay and bid for illegal certification.
