gc_check
02-04 12:16 PM
Yes, I did get 10 yr multiple entry visa for my mom. Sponsored my mom for visa in late 08, Dad no more, and was very worried since she is a widow and couple friends mom's visa was denied with similar circumstance. I'm on AOS, also used AC21. Did included all the documents, including copy of EAD, 485 RN and EVL from current employer. My mom works for central govt, in addition to docs I submitted she also took a NOC from her office and also a leave approval showing 3 months leave and copy of document showing property (only home) ownership in India. But nothing was asked/reviewed except a couple question about the sponsor(me) like work, duration of stay in US, last time in India, etc and was issued a visa. Ensure the paper work is done correctly and placed in order. The better the paper work, fewer the questions. Good luck.
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sandy_anand
02-28 08:31 PM
So are scotland, wales considered dependencies? Kashmiris can get passport from Pakistan if they want. Who would give passports to Hyderabadis?
Goa and Pondicherry are states now.
It is difficult without knowing the meaning of dependencies and how it is defined.
Pondicherry is still a Union Territory.
Goa and Pondicherry are states now.
It is difficult without knowing the meaning of dependencies and how it is defined.
Pondicherry is still a Union Territory.
chandrajp
04-28 09:35 AM
You cannot change employer unfortunately with just I-140 approved. You need to apply for I-485, be with the current employer for 180 days and then you are eligible
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bipin
03-18 03:28 PM
Complaining to DOL is an option, but that's a long process. I'm trying to avoid red flag gets raised and making my attorney richer by RFE, MTR etc.
Since my current company is ready to help, I'm looking for ways to get the $10K (from my this year's salary) included in the current W2 before I file my taxes.
Later I can take on my ex-employer and it can take it's own time.
This employer already hurt you by revoking your 140 and seems like you are not a big fan of his. Why don't you file a WH4 form with DOL for Feb'08 to Apr'08 salary. That way it becomes your ex-employer problem and you can explain your status all the way from Jan'08 to Apr'08.
Since my current company is ready to help, I'm looking for ways to get the $10K (from my this year's salary) included in the current W2 before I file my taxes.
Later I can take on my ex-employer and it can take it's own time.
This employer already hurt you by revoking your 140 and seems like you are not a big fan of his. Why don't you file a WH4 form with DOL for Feb'08 to Apr'08 salary. That way it becomes your ex-employer problem and you can explain your status all the way from Jan'08 to Apr'08.
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illusions
07-11 12:39 PM
Ah Snap. I'm From Sri Lanka and would be willing to go, but i work till 5, then have other arrangements till 7pm. Let me call her in a bit and see if anything can be worked out.
lskreddy
08-14 04:28 PM
You can start Tata Motors car dealership. Once the nano starts hitting roads. there will be a huge demand for nano
Good idea. Although, a piece of small land seems to be just about impossible to buy, a dealership will probably be in the realm of ~10 crores or higher. Neat idea though..
Good idea. Although, a piece of small land seems to be just about impossible to buy, a dealership will probably be in the realm of ~10 crores or higher. Neat idea though..
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rockstart
07-02 03:17 PM
Have you seen any 2008 case getting approved before 2007.
Guys,
I want to sue them for 3 things -
1) Touching I-140 cases way outside processing times (eg. 2008 when the date is July, 2007)
2) Approving 2008 cases before 2007, ie., no FIFO
3) Discrimination against EB3 cases during I-140 stage. I-140 case processing should be independent of Eb category, I have not read any rule where it should be.
Any idea how to start this process of accountability and justice. After 10 yrs., >$15k invested in a black hole, dealing with **** employers in a fragile economy, but mainly precious time which can never be recovered - I have HAD ENOUGH!!
Guys,
I want to sue them for 3 things -
1) Touching I-140 cases way outside processing times (eg. 2008 when the date is July, 2007)
2) Approving 2008 cases before 2007, ie., no FIFO
3) Discrimination against EB3 cases during I-140 stage. I-140 case processing should be independent of Eb category, I have not read any rule where it should be.
Any idea how to start this process of accountability and justice. After 10 yrs., >$15k invested in a black hole, dealing with **** employers in a fragile economy, but mainly precious time which can never be recovered - I have HAD ENOUGH!!
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mk26
02-24 08:18 AM
I am also looking for answer on this..Anyone please??
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seekerofpeace
08-14 04:40 PM
I am a July 23rd filer with ND of Sept 24th....no LUDs but RFE last year.....I know of ppl who got GCs with no LUDs to their records...so it is anybody's guess.
I have a WAC no. for TSC so I am screwed further....TSC overflowed my case to CSC and then back to TSC....ppl like me are the worst affected....but since I got an RFE last year they must have opened my file and why would they open my I-485 if they are following ND which i not current even now...
It is all a big mess...god only knows....USCIS is a black box we only know what goes inside that box...what comes out is a lottery....satta...
SoP
I have a WAC no. for TSC so I am screwed further....TSC overflowed my case to CSC and then back to TSC....ppl like me are the worst affected....but since I got an RFE last year they must have opened my file and why would they open my I-485 if they are following ND which i not current even now...
It is all a big mess...god only knows....USCIS is a black box we only know what goes inside that box...what comes out is a lottery....satta...
SoP
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akred
04-17 12:07 AM
It does not matter when no bill is passed and also we are not even close to it. This is giving just false hope .Hope for best and prepare for worst
True. Best possible window of action may be immediately after a Democratic victory in 08. Probably will take another Clinton to undo what the first Clinton wrought with 245(i).
True. Best possible window of action may be immediately after a Democratic victory in 08. Probably will take another Clinton to undo what the first Clinton wrought with 245(i).
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bbct
03-05 06:01 PM
Do we have to start withdrawing or transfer back to India? It's hard earned money after the employer exploitation.
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hk196712
07-16 12:44 PM
Sorry Friends...I am new here and don't know how to deal with this.
I filed both I-140 and I485 in Sept 2005.
Thanks
I filed both I-140 and I485 in Sept 2005.
Thanks
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small2006
06-09 01:43 PM
Guys,
Chill out...Everybody is unnecessarily getting worked up just because our frustrations are not reflected in the article.
It doesn't say "that people are waiting for GC because of strict rules". That is totally taken out of context. Re-read the article.
Keep in mind where the article has appeared - BBC. Keep in mind the audience of the article - people who don't know anything about this issue. From that perspective it does a decent job of providing someone with some idea as to what the H1B/GC issues are about. It is in no way meant to be (or attempts to do) a thorough in depth report on what is going on. Think of it as just a "big picture" overview of the PATHETIC state of US immigration system as it applies to H1Bs and GCs.
On the point of painting "H1B issue as Indian issue" - Although the article doesn't claim to do that, don't you think that when 65% of H1Bs are taken up by Indian nationals (at least in 2000, probably more later, http://www.murthy.com/news/UDtechi.html)
, it is at least a "65% Indian issue."
In any case, my intent was not to be rude but just to point out that there is no need to get so riled up on an article that neither hurts or helps our cause.
Take it easy.
The reporter does not seem to know the issue at all and coming from an Indian/Pakistani background painted the whole issue as if it were a Desi issue.
Dude writes that visas dry up and he quotes USCIS spokes person saying we are sitting at 45,000 from week 1 and haven't still moved an inch. Damn it! Gimme a break! Get real
The attorney featured sings to his tune and talks about all things Indian, Indian companies, Indian nationals, India. Wow! Does any one need more ammunition to take charge and paint H1B issue as Indian issue? Sorry to be harsh but this is more of a bad press than any thing helpful.
Then he goes on to say that people are waiting for GC because of strict rules?? Excuse me! until Jul 2007 rules were not implemented. This guy says strict rules.
Chill out...Everybody is unnecessarily getting worked up just because our frustrations are not reflected in the article.
It doesn't say "that people are waiting for GC because of strict rules". That is totally taken out of context. Re-read the article.
Keep in mind where the article has appeared - BBC. Keep in mind the audience of the article - people who don't know anything about this issue. From that perspective it does a decent job of providing someone with some idea as to what the H1B/GC issues are about. It is in no way meant to be (or attempts to do) a thorough in depth report on what is going on. Think of it as just a "big picture" overview of the PATHETIC state of US immigration system as it applies to H1Bs and GCs.
On the point of painting "H1B issue as Indian issue" - Although the article doesn't claim to do that, don't you think that when 65% of H1Bs are taken up by Indian nationals (at least in 2000, probably more later, http://www.murthy.com/news/UDtechi.html)
, it is at least a "65% Indian issue."
In any case, my intent was not to be rude but just to point out that there is no need to get so riled up on an article that neither hurts or helps our cause.
Take it easy.
The reporter does not seem to know the issue at all and coming from an Indian/Pakistani background painted the whole issue as if it were a Desi issue.
Dude writes that visas dry up and he quotes USCIS spokes person saying we are sitting at 45,000 from week 1 and haven't still moved an inch. Damn it! Gimme a break! Get real
The attorney featured sings to his tune and talks about all things Indian, Indian companies, Indian nationals, India. Wow! Does any one need more ammunition to take charge and paint H1B issue as Indian issue? Sorry to be harsh but this is more of a bad press than any thing helpful.
Then he goes on to say that people are waiting for GC because of strict rules?? Excuse me! until Jul 2007 rules were not implemented. This guy says strict rules.
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brij523
02-21 05:06 PM
Sorry for the confusion.
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Murthy
05-07 08:10 PM
The Beacon (http://blog.uscis.gov/)
Over the past few weeks, readers have written in with a number of comments. We wanted to take a moment to address five of the most frequent suggestions.
1) Combine EAD and AP into one document and issue for 3 years.
USCIS is in the process of developing a combination work authorization (EAD) and Advance Parole (AP) card. An announcement regarding this combination card will be made later this year.
2) Allow people with approved immigrant petition to file an I-485.
The regulations at 8 C.F.R. 245.1(a) prohibit a beneficiary of an approved I-140 or I-130 petition from filing an I-485 until a visa number is available.
3) Do not count the dependents against visa numbers.
The requirement to count dependents against available visa numbers is statutory. This is not something that USCIS is able to change on its own; it would require new legislation to be enacted by Congress in order for this to happen.
4) Publish all the backlog data including that of district offices.
USCIS is currently developing an inventory spreadsheet, similar to the one for employment-based inventory, for family-based cases awaiting visa numbers. This spreadsheet would include information about the number of cases at field offices awaiting visa numbers.
5) Publish visa numbers that have been used to date in the current year.
Unfortunately, USCIS is not able to do this, because USCIS is not the only agency that uses visa numbers (the Department of State also uses visa numbers). Accordingly, publishing USCIS�s visa number usage would not be an accurate representation of the numbers used and the numbers remaining. To determine where you stand in the visa number queue, please review the Visa Bulletin.
Three years is OK for those whose I-485 applications are not yet pre-adjudicated.
They should implement 10-year EAD plus 10 year Advance Parole to those I-485 applicants who got pre-adjudicated awaiting visa numbers.
Over the past few weeks, readers have written in with a number of comments. We wanted to take a moment to address five of the most frequent suggestions.
1) Combine EAD and AP into one document and issue for 3 years.
USCIS is in the process of developing a combination work authorization (EAD) and Advance Parole (AP) card. An announcement regarding this combination card will be made later this year.
2) Allow people with approved immigrant petition to file an I-485.
The regulations at 8 C.F.R. 245.1(a) prohibit a beneficiary of an approved I-140 or I-130 petition from filing an I-485 until a visa number is available.
3) Do not count the dependents against visa numbers.
The requirement to count dependents against available visa numbers is statutory. This is not something that USCIS is able to change on its own; it would require new legislation to be enacted by Congress in order for this to happen.
4) Publish all the backlog data including that of district offices.
USCIS is currently developing an inventory spreadsheet, similar to the one for employment-based inventory, for family-based cases awaiting visa numbers. This spreadsheet would include information about the number of cases at field offices awaiting visa numbers.
5) Publish visa numbers that have been used to date in the current year.
Unfortunately, USCIS is not able to do this, because USCIS is not the only agency that uses visa numbers (the Department of State also uses visa numbers). Accordingly, publishing USCIS�s visa number usage would not be an accurate representation of the numbers used and the numbers remaining. To determine where you stand in the visa number queue, please review the Visa Bulletin.
Three years is OK for those whose I-485 applications are not yet pre-adjudicated.
They should implement 10-year EAD plus 10 year Advance Parole to those I-485 applicants who got pre-adjudicated awaiting visa numbers.
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uma001
11-05 11:48 AM
For a long time, between 2001 to late 2004, All PDs (EB1-EB5) were current. Main reason for this was, labor certification used to take 2-4 years during that time. If you do not have labor certification coming out, you always have visa numbers available. Just when PERM hit, retrogression came in to the picture.
Thanks Kumar
Thanks Kumar
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kondur_007
09-24 01:30 PM
Hi,
I have received an EAD (I-140 Approved) for future employment through a company that I never worked for. Can I use AC21 to port the GC process to the current employer? Does the current employer need to file a new LC/140?
Please let me know. Thanks for your help.
I am assuming that your I 485 is pending for more than 180 days and I 140 is approved with an employer who you never worked for. You are working for different employer on EAD and want to use AC21 to continue working for that employer:
THIS MAY BE A PROBLEM.
When you never worked for GC sponsoring employer, USCIS can raise the question of actual existance of the job position ever. Burden of proof will fall on you and your GC sponsoring employer that "There was a position for real and it was offered to you and you intended to work indefinitely for that position upon approval of GC". This is difficult to prove if you NEVER worked for that position. This may become grounds for denial of 485 and also may create problems in future (at the time of naturalization).
I would advise you to get a good advise from a competent attorney (it is money worth spent). Starting a new GC process with the new employer may be a safer option, but it may mean several years. Another option is to wait for GC and then upon approval of GC work for the sponsoring employer for at least some time.
Good Luck.
I have received an EAD (I-140 Approved) for future employment through a company that I never worked for. Can I use AC21 to port the GC process to the current employer? Does the current employer need to file a new LC/140?
Please let me know. Thanks for your help.
I am assuming that your I 485 is pending for more than 180 days and I 140 is approved with an employer who you never worked for. You are working for different employer on EAD and want to use AC21 to continue working for that employer:
THIS MAY BE A PROBLEM.
When you never worked for GC sponsoring employer, USCIS can raise the question of actual existance of the job position ever. Burden of proof will fall on you and your GC sponsoring employer that "There was a position for real and it was offered to you and you intended to work indefinitely for that position upon approval of GC". This is difficult to prove if you NEVER worked for that position. This may become grounds for denial of 485 and also may create problems in future (at the time of naturalization).
I would advise you to get a good advise from a competent attorney (it is money worth spent). Starting a new GC process with the new employer may be a safer option, but it may mean several years. Another option is to wait for GC and then upon approval of GC work for the sponsoring employer for at least some time.
Good Luck.
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usgc07
02-15 08:27 AM
:confused:
Gurus,
Please advise.
Can a spouse of Green card holder get an H1b visa.
Spouse is currently studying MBA final sem.
She has 3 year industry work experience.
An US based corporation might be willing to sponser her h1b visa because she has worked for their indian counterparty.
The question :
Her husband is a green card holder and she must disclose it either on the H1B petition or at the time of visa interview.
What are chances of her obtaining h1b visa ?
I heard H1B is a dual intent visa.
Thanks in advance for your time and efforts on this issue.
USGC07
Gurus,
Please advise.
Can a spouse of Green card holder get an H1b visa.
Spouse is currently studying MBA final sem.
She has 3 year industry work experience.
An US based corporation might be willing to sponser her h1b visa because she has worked for their indian counterparty.
The question :
Her husband is a green card holder and she must disclose it either on the H1B petition or at the time of visa interview.
What are chances of her obtaining h1b visa ?
I heard H1B is a dual intent visa.
Thanks in advance for your time and efforts on this issue.
USGC07
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rvr_jcop
02-17 10:57 PM
I have H1 approval I-797 with me (received in last year quota) and H4 approval (which was applied before applying H1). Now I have a family emergency back home. I have to travel asap. My current H4 stamp in the passport is expired. So I have to go for stamping, either it be using H1 or using H4. Since I am unemployed at present I can't use H1 for stamping. If I come back on H4, what will happen to my H1 status? Will it be still valid to accept an employment or becomes void.
Please share your thoughts...
Thanks
You are in H-1 status now as you applied for COS from H4 to H-1. So I am not sure if going for H4 stamping is still an option for you. I will let others weighin on this one.
Do you have AP instead? You can always come back on AP, doing so will not invalidate your H-1
Please share your thoughts...
Thanks
You are in H-1 status now as you applied for COS from H4 to H-1. So I am not sure if going for H4 stamping is still an option for you. I will let others weighin on this one.
Do you have AP instead? You can always come back on AP, doing so will not invalidate your H-1
sanju_eb3
03-27 12:54 PM
May be we need to run our salary against the Cost Of Living Index to get the fair picture.
Agreed.
Unfotunately, there is no way to poll more than one option.
Agreed.
Unfotunately, there is no way to poll more than one option.
anilsal
06-14 11:13 PM
Think based on G-28 form, receipts for 485 will go to ur atty.