
validIV
03-18 04:18 PM
So does that mean that if one's I-485 is rejected (Has no luck with MTR either) - Then he cannot continue after his current H1-B expires (After 0 to 3 years)?
Going back to his home country is the only option?
RXSimha, the best advice you can take is to talk to an immigration lawyer. Nobody that has posted here has stated any facts, only interpretations. If you wish to learn more follow this thread:
http://www.immigration-information.com/forums/showthread.php?t=5293&page=3
Make an account and ask your question to Ron, which has already been answered multiple times. He is an immigration attorney. But do not stop there. Confirm all information with multiple immigration attorneys of your preference at your discretion.
Good luck.
Going back to his home country is the only option?
RXSimha, the best advice you can take is to talk to an immigration lawyer. Nobody that has posted here has stated any facts, only interpretations. If you wish to learn more follow this thread:
http://www.immigration-information.com/forums/showthread.php?t=5293&page=3
Make an account and ask your question to Ron, which has already been answered multiple times. He is an immigration attorney. But do not stop there. Confirm all information with multiple immigration attorneys of your preference at your discretion.
Good luck.
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kshitijnt
06-10 11:23 PM
Press coverage in India is an excellent idea. I think this bloody american press is biased. We should all write to Indian press and highlight our issues in strong words. If we can get 100+ letters to TimesofIndia, HT, IE , NDTV, Deccan, Hindu, etc, we can highlight the discrimination and indentured servitude to the young Indian generation who has high hopes for USA. If 100+ H2B workers can stage dharna in front of an embassy/white house why cant issues of Indian people get highlighted? Lets us show the job here in the same light as slavery in middle east. I am sure David Mulford will be ringing a few phones after that.

ski_dude12
10-14 02:55 AM
2 months movement for for EB2-I to June 2003. EB3-I 3 months.
http://mumbai.usconsulate.gov/cut_off_dates.html
India
E1 Current
E2 1 June 2003
E3 1 October 2001
Let us hope dates move forward in December.
http://mumbai.usconsulate.gov/cut_off_dates.html
India
E1 Current
E2 1 June 2003
E3 1 October 2001
Let us hope dates move forward in December.
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needgc2004
07-20 09:53 AM
When is the last case for EB2 India approved?Just wanted to know the priority date of it.Mine is June 2006 EB2 when can i get my GC?Any guess?
I am waiting Since DEC 2004. You are not even close to the Heaven Gates :D May be you will have card in 2012,2013 around :-)
I am waiting Since DEC 2004. You are not even close to the Heaven Gates :D May be you will have card in 2012,2013 around :-)
more...

ntpatil
11-10 04:15 PM
LostInGCProcess,
The only reason I want to still enter on H4 is that my H4 is stamped until 2010, hence why not use it and save money and hassle on AP entry. As you have said that working on EAD immediately invalidates the H4 status. This is OK for me, but at least I have avoided the AP procedure stuff. Plus the primary applicant is on H1 and hence we both can enter on H1 and H4 respectively rather than one entering on H1 and the other on AP. Let me know if this clears your doubt and if so, can you think this would work out. Also, if you can, please respond to my other questions
Thanks,
The only reason I want to still enter on H4 is that my H4 is stamped until 2010, hence why not use it and save money and hassle on AP entry. As you have said that working on EAD immediately invalidates the H4 status. This is OK for me, but at least I have avoided the AP procedure stuff. Plus the primary applicant is on H1 and hence we both can enter on H1 and H4 respectively rather than one entering on H1 and the other on AP. Let me know if this clears your doubt and if so, can you think this would work out. Also, if you can, please respond to my other questions
Thanks,
_Sea_Urchin_Fossil-SPL.jpg%252525253Fid%252525253D670051023)
smsthss
11-29 10:08 AM
any body on this !!
no answers on this !! Does a RFE notice go to both employer as well as attorney???
no answers on this !! Does a RFE notice go to both employer as well as attorney???
more...

kishorek111
11-12 04:22 PM
asking for donations is nothing wrong. After all Immigration voice is for everyone's benefit.
At the same time, keeping everything transparent is IV's duty. IV should not wait for someone to ask these details...
At the same time, keeping everything transparent is IV's duty. IV should not wait for someone to ask these details...
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mjdup
02-28 12:33 PM
That is just great news ! Kudos to those volunteers, I don't have words to express gratitude.
thank you.
thank you.
more...
BumbleBee
03-16 05:01 PM
from Ron's newsletter
"One additional reason for making sure that you have a valid EAD at all times is so that you can claim unemployment benefits in the event you lose your job"
This is my understanding too, one doesn't have to have a continues employment in AOS status, only required to have a job or a job offer at the time of adjudications of I-485. I know one person who was able to get his green card on the basis of a new job offer at the time of adjudication (during interview process). Ron's newsletter is the first I have seen which is specifically mentioning unemployment benefit for AOS applicants. Thanks OP!!!
"One additional reason for making sure that you have a valid EAD at all times is so that you can claim unemployment benefits in the event you lose your job"
This is my understanding too, one doesn't have to have a continues employment in AOS status, only required to have a job or a job offer at the time of adjudications of I-485. I know one person who was able to get his green card on the basis of a new job offer at the time of adjudication (during interview process). Ron's newsletter is the first I have seen which is specifically mentioning unemployment benefit for AOS applicants. Thanks OP!!!
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EB3_SEP04
07-16 01:08 PM
I do not want to spoil the party fun but somewhere in my mind there is a lingering doubt. I read Ron Gotcher's post about August 2008 bulletin.
http://immigration-information.com/forums/showthread.php?p=20233#post20233
He says that Eb2 India will retrogress to 2003 or 2004.
.
Ron gotcher makes sense to me. Considering the (quota + spill over) vs. the demand, it is just wishful thinking that all EB2-I with PD < 06/06 will get GC in the next few months. I also agree with others that in Oct EB2-I will retrogress back to the original levels (2004), it could go even beyond (to late 2002 or early 2003) that if a handful of EB2-I (who did not get a chance a last year) file 485 in the next 1-2 months.
2 yr EAD rule and this big EB2-I advancement could just be an unfortunate coincidence. But a lot of folks will sure find a 100% correlation nonetheless.
http://immigration-information.com/forums/showthread.php?p=20233#post20233
He says that Eb2 India will retrogress to 2003 or 2004.
.
Ron gotcher makes sense to me. Considering the (quota + spill over) vs. the demand, it is just wishful thinking that all EB2-I with PD < 06/06 will get GC in the next few months. I also agree with others that in Oct EB2-I will retrogress back to the original levels (2004), it could go even beyond (to late 2002 or early 2003) that if a handful of EB2-I (who did not get a chance a last year) file 485 in the next 1-2 months.
2 yr EAD rule and this big EB2-I advancement could just be an unfortunate coincidence. But a lot of folks will sure find a 100% correlation nonetheless.
more...

diptam
12-23 12:46 PM
Being in Consulting and searching a new contract at the same place of residence (during Nov-Dec) is always a nightmare. I'm in IT industry for last 10 yrs and into consulting for last 5 yrs and always tried to keep clients Extra-Happy starting Nov 1st , so that i could get thru these 2 winter months.
Starting Mid-Jan the budgets will open up and you will surely land up.
IT Jobs are there - worst case you may need to relocate.
Congratulations on becoming a new Father. Though your name sounds as if you were the mother :). Anyway, if you got 4 interviews in 6 weeks, that sure does not look like weak economy. I remember the recession of 2001-2002. People used to get one interview in 4 months back then.
Starting Mid-Jan the budgets will open up and you will surely land up.
IT Jobs are there - worst case you may need to relocate.
Congratulations on becoming a new Father. Though your name sounds as if you were the mother :). Anyway, if you got 4 interviews in 6 weeks, that sure does not look like weak economy. I remember the recession of 2001-2002. People used to get one interview in 4 months back then.
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mojo_jojo
01-17 08:48 PM
to those who are currently working in the usa,
what is the employment trend now?
are people slowly being laid off?
are we slowly seeing the effects of the recession?
:confused:
what is the employment trend now?
are people slowly being laid off?
are we slowly seeing the effects of the recession?
:confused:
more...
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vbkris77
09-23 08:06 PM
i'm not campaigning for obama...... simply trying to set the record straight.....
the title of this thread implies that obama is not doing admin fix.... its not always about the campaign & votes, sometimes its about the truth and the truth is that republicans leaked the draft admin memo and wrote letters to oppose admin fix.... but now everyone here is blaming obama..... i'm simply defending the absent.....
most people pass judgments based on incomplete or incorrect headlines...... i'm merely saying that there is more to the news than just the headlines.... & this is related to immigration.... unless u think that the only valid immigration question is - when will i get my gc......
it's a fact that he favors unions more. If tomorrow unions say no to hispanics he would kick most out...
the title of this thread implies that obama is not doing admin fix.... its not always about the campaign & votes, sometimes its about the truth and the truth is that republicans leaked the draft admin memo and wrote letters to oppose admin fix.... but now everyone here is blaming obama..... i'm simply defending the absent.....
most people pass judgments based on incomplete or incorrect headlines...... i'm merely saying that there is more to the news than just the headlines.... & this is related to immigration.... unless u think that the only valid immigration question is - when will i get my gc......
it's a fact that he favors unions more. If tomorrow unions say no to hispanics he would kick most out...
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nonimmi
06-15 02:33 PM
You can just walkin to Dr Stern office. Even if you have an appointment with them, you may have to wait 0.5-1.5 hours depending on the time you go. If you go on weekend or weekdays after 5 you may have to wait longer but afternoon should be faster. And there fee may be more than $350 if you need to get shots and xray. Hope this help.
If you call them recp. will tell that appt is required but actually it is just walk-in and you may not get any preference ver people who walked-in.
Please share your experience with us when done.
If you call them recp. will tell that appt is required but actually it is just walk-in and you may not get any preference ver people who walked-in.
Please share your experience with us when done.
more...
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EkAurAaya
12-10 07:17 PM
Our cases are different - in my case both me and wife were primary and dependent on respective cases.
Did you file a derivative 485 for yourself based on your wife's application before it was approved?
I think your lawyer made a huge mistake of not filing a derivative 485 application for you beginning of September when her PD got current, this would have ensured you got tagged along with her application, mere letter to look at your case when your priority date (2001 eb3) is not current doesn't make any logical sense...
Keep the hope... on the bright side your PD is 2001. Best wishes and good luck!
Did you file a derivative 485 for yourself based on your wife's application before it was approved?
I think your lawyer made a huge mistake of not filing a derivative 485 application for you beginning of September when her PD got current, this would have ensured you got tagged along with her application, mere letter to look at your case when your priority date (2001 eb3) is not current doesn't make any logical sense...
Keep the hope... on the bright side your PD is 2001. Best wishes and good luck!
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kaisersose
04-18 11:35 AM
An interview does not mean approval. This is just part of CIS pre-processing cases when the PD is not current. They will interview the applicant, process it and then throw it into storage.
About 5% of cases are randomly selected for interviews. This does not mean that they are out to approve a 2007 case ahead of a 2001 case.
About 5% of cases are randomly selected for interviews. This does not mean that they are out to approve a 2007 case ahead of a 2001 case.
more...
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walking_dude
11-19 05:07 PM
As per the current guidelines adjudicating officer makes the determination based on Department of Labor SOC/O*net code in the Labror Certification Application (ETA 9098) form. ( It's very critical to have a copy of LC application, before considering AC21. If you don't have it through employer, you can get a copy from DOL through FOIA request )
DOLs SOC/O*Net gives the job description for the Job code as well as "same or similar" jobs (if you search on your SOC/O*net code)
http://www.onetcodeconnector.org/
Here's an example - http://www.onetcodeconnector.org/ccreport/15-1031.00
This is the website IOs are supposed to be using (as per guidelines). Becoming a Sr. Software Engineer from Software Engineer shouldn't be an issue. Salary hike beyond 50% could (or could not) be a problem based on the IOs sole discretion. 50% is just a ball-park assumed by most immigration attorneys. In reality, there is no such preset limit. It's entirely upto the IOs decision.
Promotion as manager is a tricky situation, as Job description changes. IO may consider it 'same or similar', or consider it altogether different. In such cases it may be possible to prove the jobs are similar by obtaining an 'Expert Opinion Letter' from an expert in the field ( such as a Professor of Computer Science from a University).
How do Promotions impact one's existing GC application?
for example: one filed for the GC as a Software Engineer, 5 years down the road one switches to a different company in the same area/location using EAD (avoiding AC21 for now) and the salary is 30 % higher than that was mentioned on one's LC filing and the job title is sr software engineer (same or similar responsibilities, senior title). How would something like this impact one's GC application?
I also wonder what would happen to the GC application if one was to get another promotion and become a manager with even a higher salary (some job responsibilities stay the same and some new managerial responsibilites get added).
I am sure many of us would have faced this since clearly many of us have been waiting for many many years - I would really appreciate your input on this. Thanks!
DOLs SOC/O*Net gives the job description for the Job code as well as "same or similar" jobs (if you search on your SOC/O*net code)
http://www.onetcodeconnector.org/
Here's an example - http://www.onetcodeconnector.org/ccreport/15-1031.00
This is the website IOs are supposed to be using (as per guidelines). Becoming a Sr. Software Engineer from Software Engineer shouldn't be an issue. Salary hike beyond 50% could (or could not) be a problem based on the IOs sole discretion. 50% is just a ball-park assumed by most immigration attorneys. In reality, there is no such preset limit. It's entirely upto the IOs decision.
Promotion as manager is a tricky situation, as Job description changes. IO may consider it 'same or similar', or consider it altogether different. In such cases it may be possible to prove the jobs are similar by obtaining an 'Expert Opinion Letter' from an expert in the field ( such as a Professor of Computer Science from a University).
How do Promotions impact one's existing GC application?
for example: one filed for the GC as a Software Engineer, 5 years down the road one switches to a different company in the same area/location using EAD (avoiding AC21 for now) and the salary is 30 % higher than that was mentioned on one's LC filing and the job title is sr software engineer (same or similar responsibilities, senior title). How would something like this impact one's GC application?
I also wonder what would happen to the GC application if one was to get another promotion and become a manager with even a higher salary (some job responsibilities stay the same and some new managerial responsibilites get added).
I am sure many of us would have faced this since clearly many of us have been waiting for many many years - I would really appreciate your input on this. Thanks!
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blue_line
03-02 01:06 PM
is it even legal for you to pay for G.C.
by law i think your company should pay for all G.C. related expenses..
correct me if i am wrong
by law i think your company should pay for all G.C. related expenses..
correct me if i am wrong
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walking_dude
03-20 10:29 AM
I for one will not be surprised. These undocumented immigrants march in thousands at their rallies [even though they face chances of deportation]. They are active in talking to media and getting publicity for their cause. They are also more actively contributing to help their cause. They have very strong backers - Agri-business, fast-food chains, restaurant owners, construction business , and immigration attorneys [ who will make lot of money if Z-visa gets passed], strong ethnocentric groups with considerable political clout, and many of them have US citizen relatives [who vote]
On the other hand, support of many immigration attoneys to EB immigration is half-hearted, high-tech employers care more about increasing H1B quota. Like it or not - IV is the only organization that is 100% devoted to EB immigration and working for our cause. Given this reality, IV should have got full support monetary and participation from 25,000 strong community here. As we know, only a minority of the community are doing all they can to help IV achieve its goal.
If we are not doing enough to help our cause, what right to we have to blame others for not helping us? In a way, we do deserve the step-motherly treatment for all the lethargy our community shows in standing up for its issues, and demanding a solution.
We will see and will be surprised to see that an illegal will be granted a status independent of an employer and will also have the travel permit and he/she can live here forever renewing his status.
On the other hand, support of many immigration attoneys to EB immigration is half-hearted, high-tech employers care more about increasing H1B quota. Like it or not - IV is the only organization that is 100% devoted to EB immigration and working for our cause. Given this reality, IV should have got full support monetary and participation from 25,000 strong community here. As we know, only a minority of the community are doing all they can to help IV achieve its goal.
If we are not doing enough to help our cause, what right to we have to blame others for not helping us? In a way, we do deserve the step-motherly treatment for all the lethargy our community shows in standing up for its issues, and demanding a solution.
We will see and will be surprised to see that an illegal will be granted a status independent of an employer and will also have the travel permit and he/she can live here forever renewing his status.
smsthss
12-03 02:05 PM
Relax, LUDS could be internal updates no one can tell you with absolute certainty what they mean. I saw this whole thread you are in panic mode and restless. Just relax man your case will be approved soon.Think of it this that they are working on your case not like others who have filed and heir cases are lying on the shelf.
thanks buddy
thanks buddy
needhelp!
01-09 04:20 PM
OK I double checked the new license. Even though the Expiry is 2014, it does have in red "Temporary Visitor Status Expires: 09/09"
and got 7 year (or is it 8) renewed license
and got 7 year (or is it 8) renewed license
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