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  • Hope for best. Good Luck.

    As another member already indicated , I already mentioned my PD, country and EB category in my post.

    Anyway, I had already waited 7 years in the GC process before recently coming across this forum and choosing this handle name when joining. Guess you could say that I was prepared to dig in and stay for the long haul if required which is why I chose that handle name. A few ups and downs/ forwards & backwards (even if in years !) in the priority dates won't deter me much now :).
    Although, I could just be drunk with euphoria of my PD becoming current in March and blabbering away pompously. So don't you steal that login (pessimystic) away from me ! I reserve the right to choose it if and when I feel so :)

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  • I am in a similar situation and was rejected due to the same reasons.

    Has the original poster received any update on their E-file yet?

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  • meridiani.planum, thanks for giving me red.

    Don't worry about the red I just gave you green to counter the effect if it has any :)

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  • I landed in Canada in April 2005 so I have until April 2008. However if I decide to do this I may move by Jan 2008 latest ( probaly earlier - If you are from a warm state I would urge you never to move to Canada in winter because your life will be hell. Getting used to a new place is bad enough without the clold weather).

    I would love to be an optimist but Im not certain my PD will be current in 1 yr. I think we all underestimate the 245 i angle. If however my PD does get current then this whole issue is null and void.


    As long as your wife is getting paid by Canadian Payroll as a Canadian employee she should be fine. Even better if pay is in canadian dollars and being deposited in a canadian bank account. This should not be an issue.

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  • NatrajS - I got my FP notice - its scheduled for 1st week of Sep.
    Ivaka -I am sorry I dont know about checks cashing because we are doing through a company attorney - company pays for our GC expenses..
    Dhirajs - There's no FP on my EAD, Is that a prob.?


    USCIS had issued 60K visas(EAD) by in a month or so and I believe they cannot do FP if they issued those visas in months time. SO I don't think you have to worry about FP for now. If they need it they will get it from you sometime later in the process.

    BTW, how it took for you get the EAD after your cheks were cashed?

    All the best.

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  • I am in for running/jogging/hiking in NY area. Planning to go hikig this week end.... Any body in? ....

    U Sure, with the kind of weather? Currently it is pounding snow at my workplace in New Jersey - unless you want to do a "threadmill" marathon :)

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  • I had my I140 approved too and had mentioned it in my application. They dont bother you. They however gave me 221g to verify student status and delayed my visa for two weeks. Interview was less than 2 mins and the vo said she had to verify student status thats it.

    What is that? Never heard of that before. Do I have to take anymore documants with me for this?

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  • If DOS has set the priority date for EB2 India to Jun 2006, and USCIS does not want to waste visas, they have no other choice but to forward the processing dates at NSC/TSC. Even though the 485 processing dates may not move significantly in much awaited July Processing dates publishing, the August Processing dates bulletin will show the massive forward movement (485 processing date will reach till June 2006).

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  • gimme_my_gc, do you have EAD?

    If yes then.. you are NOT out of status...only worry would be Annual W2 salary of your needs to be around gross specified in Labor..

    Hi All,

    I just joined this site today and wanted to get some input on the following situation:

    My current situation is:

    Working for a company ABC
    completed 6 years on H1 and currently in the 7th year extension
    Green card in process for more than a year - Eb3 with PD Jun 2002, I-140 approved
    Can extend H1B again in about 6 months, for a 3 year extension

    The question I have is , if one has a valid extended H1B for the 7th year and beyond, what happens if one were to lose their job during the extended H1B period, without getting their GC?

    1) Can they continue to stay till the end of the extended H1B period by applying for a job with another company?
    2) Or should they leave the USA as the first 6 years have been completed without getting a GC, and the extended H1B period would become invalid as soon as they lose the job with the company that processed the extended H1B?

    Any input is appreciated. Thanks for your time.

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  • Hi,
    I am from Ann arbor- It is 40 miles away from Detroit.
    If there is any chance to meet all of us at some place we can meet.
    Let me know any actvities we need to do like Meeting Senate or House Representatives.
    I can participate .


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  • infopass apt couple of weeks back..IO told me NC pending, case with officer (whatever that means :().
    Approved 140 has the details, there wasn't any point in me asking whatever was already clear to me.

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  • for your continued great sacrification, dedication and hard work to resolve employment based immigration issue. We are with you...please keep it up!! :)

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  • The following is the result of my research for the countries which
    permit an Indian passport-holder to enter without a visa or by
    obtaining a visa upon arrival.

    Visa required, which can be obtained on arrival if holding
    confirmation from Albanian Ministry of Interior stating that visa will
    be available on arrival. Confirmation must be obtained before
    departure to Albania.

    Visa required, which can be issued on arrival for a max. stay of 30
    days. An invitation is not necessary but it is recommended to hold a
    document that shows the purpose of the visit. Visa is only valid for
    the cities listed in the visa.

    If travelling for business purposes visa can be obtained on arrival,
    but this is subject to Immigration evaluation.

    Visa not required.
    Bermuda Immigration officers will decide on max. period of stay (up to
    6 months) depending on reason for travel. Stays exceeding 6 months
    require application for residency in person.

    Visa not required for a max. stay of 2 weeks, provided permit is
    issued upon arrival by Immigration Department.

    Visa required. However, visa can be obtained on arrival, if no diplomatic
    representation of Burundi is located in country of origin.

    Visa required. However, visa can be obtained on arrival, if coming for:
    - touristic purposes for a stay of max. 1 month.
    - business purposes for a stay of max. 1 month.

    Visa required. Visa on arrival can only be issued to those holding a prior
    approval from Le Diligue General de L'Immigration.

    Visa required.
    If entering from the U.S.A. with a used single entry visa, the visitor
    may re-enter without obtaining a new Canadian visa, provided the I-94
    from the U.S.A. and the Canadian port stamps are still valid.

    Visa not required if:
    - Passenger was a former national of Cape Verde Isl.,
    incl. wife, husband or children provided holding
    proof thereof;
    - travelling as tourist in organized group and holding
    Certificado Colectivo de Identidade et Viagem
    (no limit for number of tourists).
    Individual passengers coming from countries where no diplomatic
    representation of Cape Verde is established may obtain visa on

    If visit is solely for touristic purposes visa not required for a stay
    of max. 31 days.
    If visit is for business purposes (which may include acting for or on
    behalf of a person/firm established outside Cook Islands) visa
    required (which can be issued on arrival), for a stay of max. 21 days.

    Visa not required for a stay of 30 days.

    Visa required.
    If coming for touristic purposes and holding Tourist Card
    ("Tarjeta del Turista"): visa not required.

    Visa required, which can be obtained on arrival provided holding
    return ticket, for a max. stay of 1 month.

    Visa not required for stay of max. 21 days.

    Visa required. However, a 14 days visa -free of charge- can be obtained on
    arrival, if entering Egypt via South Sinai (through Sant Katherine,
    Sharm El Sheik or Taba airports), provided:
    - remaining in South Sinai resorts; and
    - not continuing to any other city in Egypt.

    Visa required, which can be obtained on arrival for a stay of max. 1
    month (renewable for another 2 months), provided request has been made
    by sponsor to Eritrea Immigration at least 48 hours before arrival.

    Visa required, which can be obtained on arrival for a max. stay of 3
    months if attending African Union meetings and holding official
    letters pertaining to the travel. In some other cases visa can also be
    obtained if coming for business purposes.

    Visa not required. On arrival a visitor's permit can be obtained for a
    stay of max. 4 months.

    Visa required.
    Visa (of various types and length of stays) can be obtained on arrival
    at the Ministry of Foreign Affairs Visa Dept. at the airport. However,
    one months notice of arrival is required.

    Visa required. However, if holding:
    - a multiple entry visa (valid for at least 1 year) to the
    United Kingdom; OR
    - a passport endorsed "Certificate of Entitlement to the
    Right of Abode in the United Kingdom" visa not required.

    Visa not required for a stay of max. 3 months.

    If arriving directly from U.S. Mainland, Alaska, Hawaii, Puerto Rico
    or U.S. Virgin Islands, no entry documents required due to no
    immigration control.

    Visa required.
    If arriving from a country without representation of Guinea-Bissau,
    visa applications by letter to be made 14 days prior to arrival to:
    Comissariado de Estado da Seguranca Nacional e Ordem Publica da
    Republica da Guinea-Bissau (State Directorate of National Security and
    Public order of the Republic of Guinea-Bissau). The visa will then be
    available at the airport of Guinea-Bissau.

    Visa not required for a stay of max. 3 months.

    Visa not required for stay of max. 14 days.

    Visa required, which can be obtained on arrival for a max. stay of 30
    days provided:
    - passport contains at least one unused visa page for the
    visa-on-arrival sticker, which covers entire passport page; AND
    - holding ticket and other documents for return/onward journey.

    Visa required. However, it can be issued on arrival provided:
    - coming for tourist purposes only for a max. stay of 7 days; OR
    - passenger has been introduced by means of a letter from
    valid organization or government at least two days prior to
    arrival, for a max. stay of 72 hours.

    Visa required. However, if travelling in a group of 10 or more passengers
    and holding prior approval from Ministry of Interior visa can be
    obtained on arrival.

    Visa not required, for a max. stay of 14 days.

    Visa required.
    A visa can be issued on arrival at Almaty/Astana airports (provided
    pre-arranged and approved by the Ministry of Foreign Affairs of
    Kazakhstan) for both private and business purposes, for a stay of max.
    one month.

    Visa required.
    It is possible for a visa for a max. stay of 3 months to be
    issued on arrival. However, this will cause considerable delay.

    Visa required.
    However, visa not required for a stay of max. 30 days provided:
    A. holding visa for Australia, Canada, Japan, New Zealand or
    U.S.A. and travelling to or from these countries; OR
    B. having visited Korea (Rep.) 4 times within the last 2 years
    or 10 times or more in total.

    Visa required. However, visa can be obtained on arrival if coming for vacation
    or leisure for a stay of max. 1 month, provided:
    - having sponsor in Kuwait holding the original visa; and
    - holding confirmation from transporting airline that visa is
    available on arrival.

    Visa required.
    Visa can be issued on arrival for a stay of max. one month when coming from:
    - countries with Kyrgyzstan representation, provided holding
    confirmation from Kyrgyzstan authorities;
    - countries without Kyrgyzstan representation, provided
    a sponsor can announce the passenger(s) to the authorities.

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  • He's not my lawyer. I just hear of him out here in the various posts.

    As for the things you ask below - why should he do any of the things you ask for - its none of his business. Or actually, its none of our business to tell him how to conduct his business.

    Don't want to get into a mudslinging fest here - just wanted to point out that sometimes posts like the original one are useful.

    You can do hero worship of your lawyer whoever it is. I will not.
    Ask him/her if he will do advocacy effort for you or sue USCIS since all his clients are struggling in the long wait and spending a lot of money on immigration consultations, fees etc.

    Ask him if he contribute to IV instead?

    Ask him to give you priority instead of your employer who gives him business every year.

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  • Important Note - I think the fine print of this bill was discussed a few days/weeks ago and the visas will actually be going to recent grads (within the past 5 years). It will in now way help the EB2's and EB3's who are waiting in line forever.

    I think this is the right time to work on modifying the text of this bill. If not these GC's will be given away to people who haven't even applied yet !

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  • I don't know much about Canada PR, but the 2nd option sounds good to me. Make sure your new employer is willing to give you a Joining Letter with the similar job responsibilities, job title, etc upon which your 485 is based.

    Good Luck.

    Dude - think practically. If the billing rate that the company is going to get from the client is $70/hr and they keep only $5/hr then they have to give him $65/hr. If they have to keep him on the payroll, they will have to pay 7.45% in payroll tax, which is employer's portion of Social Security Tax and Medicare (reducing their rate from $70 to $65.1575). This means they will be making 15.75 cents/ hr (translates to $315 for a year assuming that you work for 2000 hrs - the remaining 80 hrs go in holidays - for which they may or may not pay). Even if they are outsourcing payroll, do you think that it will cost them less than $315 a year to pay him? even if it costs $0 - who would be willing to keep you on their payroll to make only $315 a year? Would you? and if you take unemployment insurance and liability insurance into account, the company would make a loss. If you owned a company would you follow this business model? If you are - you might as well just give your money for free to all your employees.

    The only way you can get a company to keep $5/ hr and give you the rest is if you agree to a 1099 (and you cannot do that on a H1B - you need to use EAD for that). On a 1099 - there are other tax implications - now you have to pay both your share and the employer share of payroll tax (14.9%). And now since you are an independent consultant (which is what a 1099 is), you have to get your own Liability Insurance. To prevent people from suing you, you will need to form a LLC or some other type of corporation. You might want to get a good CPA to setup your company so that you can setup the right kind of company to benefit from the right tax deductions.

    There is nothing wrong in making more money - just like you want more money, the corporations are out there to make money too. No one is in the business for charity. As long as the relationship between employee and employer is symbiotic, all is good. Once the equation changes, it is either time for the employee to say good bye to the employer or for the employer to off-load the employee from the corporate bus.

    I have seen many posts in this forum complaining of "blood-sucking" employers and how they exploit employees. To me, that is the same as:
    - programmer's guild complaining about us stealing their jobs or
    - people losing their home and blaming the banks "for not disclosing terms"
    - anyone who is blaming anyone else for their troubles
    If you are being exploited, it is because you are willing to be exploited. Don't blame the employer. Blame yourself. If you don't want to pack your bags and go home when you lose a job and cannot get another one, don't blame the employer and tell others that they are "sucking your blood". Everyone is here to make money.

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  • My LC and I140 approved (PD: may 2004). Applied 485 on Aug 8.
    I became father last month.
    My new born son is sick and he needs total attention for next 4 months. I have used up all my vacation and planning to apply for medical leave. Pediatrician recommends me getting medical leave and support my wife.

    I work in a very big hardware company. I have completed 3.5yrs in H1B so far.f I apply for medical leave, I may get a pay cut (like 20 to 30%). Will I be affected because of this medical leave? Are H1B's allowed to take medical leave (upto 4 months)..

    Your comments are very much appreciated.


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  • Hey, I thought these were like math geek forums. I was expecting you to just combine the amounts of all the prizes and just split it amongst the winners or whatever.

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  • Guys and gals,

    My AP application entered in the system on Sep 13th at NSC - what is the likely approval time these days for AP.

    I have vacation plans but i've very slim H-time left and that too not stamped (its a extension) so i have to have the AP at hand before leaving. I can't book tickets because i dont know if AP wil at all come before my Journey date.

    Any advise or experience sharing would be a big help. Is there any way i can rush/expedite my AP application from NSC ?

    Thank you so much,

    Check my signature. The AP approval time is approx 3 months to my best knowledge

    Pankaj did a great job by Singing it . From Strategic point of view-I feel Singing American National Anthem when you are not even a Permanent Resident not to talk about Citizenship was a over reaction just to show Americans, how assimilated we are . Every other activity in the rally looked great except the national Anthem singing. Generally whenever you sing someone else's National Anthem, protocol is that it is either preceded or followed by your own. We still owe allegiance to the country whose passports we hold. Just my 2 cents....

    As far as I know, the only obligation for the company is to provide a return air ticket to your home. Other than that, you are on your won!

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