EB2-PD May 22, 2006-India-Reached July 2nd, 2007. Checks Not Cashed Yet.
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1. If your labor was filed in Nov 06 or earlier then you can file for 7th year extension (based on rule that labor pending for more than 365 days)
2. I'm not 100% sure but i think when your labor is approved if PDs are current, you can file i-140, 485, EAD together and get EAD by before your visa expires and you would be fine.
3. Labor substitution will not be allowed after July 17th, and there are a lot approved labors whose beneficiaries have left the company. Employers are willing to use these labors for whatever they get (excuse me!). If you really want to stay in US, find an approved labor with PD older than Nov 06 and then file I140/485/EAD, if you don't get EAD by Dec 07 then file 7th year ext based on the GC pending more than 365 days. Hurry up for labor..
Aren't you allow to extend your H1 if your I-140 is approved and I-485 is pending?
2. I'm not 100% sure but i think when your labor is approved if PDs are current, you can file i-140, 485, EAD together and get EAD by before your visa expires and you would be fine.
3. Labor substitution will not be allowed after July 17th, and there are a lot approved labors whose beneficiaries have left the company. Employers are willing to use these labors for whatever they get (excuse me!). If you really want to stay in US, find an approved labor with PD older than Nov 06 and then file I140/485/EAD, if you don't get EAD by Dec 07 then file 7th year ext based on the GC pending more than 365 days. Hurry up for labor..
Aren't you allow to extend your H1 if your I-140 is approved and I-485 is pending?
I would stay at least 6 months with employer after getting a GC, unless ofcourse demanded by circumstances!
Are there any implications of leaving my employer now who sponsored me for GC? I got my GC on the first week of July. I plan to leave on the 1st week of September. Thank you very much.
Addendum: I applied for AOS for my spouse this July. Will there be a problem with her AOS?
Are there any implications of leaving my employer now who sponsored me for GC? I got my GC on the first week of July. I plan to leave on the 1st week of September. Thank you very much.
Addendum: I applied for AOS for my spouse this July. Will there be a problem with her AOS?
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Can you please name those companies for the benefit of everyone...
Isn't law abiding employers and visa abusers not enough to make a distinction???
It has just started, wait for a couple of months. Then you will get a long list :D
Isn't law abiding employers and visa abusers not enough to make a distinction???
It has just started, wait for a couple of months. Then you will get a long list :D
Purgan,
I respect your green dots which tells you are responsible IVean, however my suggestion is not to post NumbersUSA links.
Why give them free publicity on IV resources.
Just ignore them.
Many friends and foes read IV forums so just keep this for our discussions only.
I respect your green dots which tells you are responsible IVean, however my suggestion is not to post NumbersUSA links.
Why give them free publicity on IV resources.
Just ignore them.
Many friends and foes read IV forums so just keep this for our discussions only.
Let us say USCIS has unused visas, which they want to allocate and they have moved cutoff dates to Jun, 2006 for EB2, similarly Sep 03 for EB3.
My question is, will the visa issuance would be in the order of Priority Dates? or Notification Dates? Recently there has been lot of pressure on USCIS to issue processing results based on Priority Dates, will this force USCIS to correct its ways and issue visas based on Priority Dates.
I might have digressed a little bit on the topic of predicting cutoff dates but this question is lingering among all the IV folks who would be current or already current.
USCIS procedures suggest that for preadjudicated cases, they assign visas in order of PD, which should be the case now as focus appears to be on preadjudication. However, if there are no preadjudicated cases, as seemingly was the case last year, they have no way to do it in PD sequence. In that case, they pick files case by case in sequence of receive date (not the RD on your receipt, but the date when someone entered case data, which is close to ND) which works better for USCIS (but not for us) with wide open cut off dates.
My question is, will the visa issuance would be in the order of Priority Dates? or Notification Dates? Recently there has been lot of pressure on USCIS to issue processing results based on Priority Dates, will this force USCIS to correct its ways and issue visas based on Priority Dates.
I might have digressed a little bit on the topic of predicting cutoff dates but this question is lingering among all the IV folks who would be current or already current.
USCIS procedures suggest that for preadjudicated cases, they assign visas in order of PD, which should be the case now as focus appears to be on preadjudication. However, if there are no preadjudicated cases, as seemingly was the case last year, they have no way to do it in PD sequence. In that case, they pick files case by case in sequence of receive date (not the RD on your receipt, but the date when someone entered case data, which is close to ND) which works better for USCIS (but not for us) with wide open cut off dates.
Hello,
I have a similar situation, but different factors. My labor has been approved May 2007 and I can apply for my 140 and 485 together and I'll do it now well before Aug 16. I'm getting married and my wife would be here by September or October. She'll be on H4. I won't be applying for my EAD if she decides to be on H4. If the dates go back to say 2005, I will need to wait for my priority date of May 2007 to come CURRENT again and then only do her AOS (I'm assuming until then even my 485 won't be touched by USCIS). Once my date becomes current and my application starts processing, I'll add her immediately.
Now the only thing I'd be missing in such a case would be applying for my EAD anytime soon. If she decides to apply for H1B next year or even go on
F1, then I can apply my EAD and start using it. I'll be on my EAD and she'll be on H1/F1. When my priority date becomes current (in a few years assuming), then I can add her AOS.
Please suggest what should I do now ??
Thanks
I have a similar situation, but different factors. My labor has been approved May 2007 and I can apply for my 140 and 485 together and I'll do it now well before Aug 16. I'm getting married and my wife would be here by September or October. She'll be on H4. I won't be applying for my EAD if she decides to be on H4. If the dates go back to say 2005, I will need to wait for my priority date of May 2007 to come CURRENT again and then only do her AOS (I'm assuming until then even my 485 won't be touched by USCIS). Once my date becomes current and my application starts processing, I'll add her immediately.
Now the only thing I'd be missing in such a case would be applying for my EAD anytime soon. If she decides to apply for H1B next year or even go on
F1, then I can apply my EAD and start using it. I'll be on my EAD and she'll be on H1/F1. When my priority date becomes current (in a few years assuming), then I can add her AOS.
Please suggest what should I do now ??
Thanks
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Let us just focus on our contribution drive.
The pro immigration group wants these benefits given to illegals, Anti (any) immigration groups wants no immigration to begin with and want to curtail the current immigration options (H1B and GC for legals etc.) , therefore the compromise is that the pro illegal immigration group lets them cut the current LEGAL immigration channels and anti immigrants let the illegals get all these privileges.
There is no one to argue our cause , there goes our fate :(
There is no one to argue our cause , there goes our fate :(
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I love you guys, I love IV.
Keep it up.
Keep it up.
How disappointing!
Visa Bulletin For April 2011 (http://travel.state.gov/visa/bulletin/bulletin_5368.html)
EMPLOYMENT-BASED PREFERENCES
...
...
Further retrogressions cannot be ruled out should demand continue at the current levels for some categories and countries.
Visa Bulletin For April 2011 (http://travel.state.gov/visa/bulletin/bulletin_5368.html)
EMPLOYMENT-BASED PREFERENCES
...
...
Further retrogressions cannot be ruled out should demand continue at the current levels for some categories and countries.
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Guys if the employer's lawyer is not giving you information regarding the I140 and you are going behind their back for this information is it really going to help you with portability? It looks like they are just trying to make life miserable for you and what guarantee is there that they will not revoke your I140? I140 portability does not work if they revoke your I 140.
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I am not saying that it is working on the USCIS. We dont know yet coz the flowers start reaching there tommorow. If it is working on USCIS, we would know by the end of the week. Not now.
But it is working on the media.
What I am saying is we are getting a good amount of attention from a lot of newspapers - which is important to create more awareness on the plight of half a million law abiding immigrants and the backlogs they are facing.
Which newspapers are these guys? Which newspapers are covering or are interested in covering this story?
But it is working on the media.
What I am saying is we are getting a good amount of attention from a lot of newspapers - which is important to create more awareness on the plight of half a million law abiding immigrants and the backlogs they are facing.
Which newspapers are these guys? Which newspapers are covering or are interested in covering this story?
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Seems as though every time there is a funding drive there are always people who come with questions that have been answered so many times before. It almost seems that these inflammatory posts are deliberate. All the answers to such questions are already on the forums and it takes less time to search than to post.
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not personal, addressing many issues.
1. if your company pays for everything, why such reluctance to put up a few more dollars for your own cause? think of those that pay for everything themselves and still contribute.
2. each contribution to paypal costs, they take a chunk off it. making small 10 buck contribution is really not the intelligent way to go.
3. there used to be a 20/mnth recurring contribution. now it does no exist. what do you want? should we throw out the original 20 buck guys? of course they can continue doing it. i can't imagine why it would put you off? btw we did not really lose any money by going to a minimum of 50- you know why? those who were serious still contributed. others who were whining at that time (why is there not a 10/mnth option) were in many (though not all) cases not going to contribute anyway. this is just fyi.
4. what is 50 bucks a month? step back and think sometime. a family meal/movie? do you indulge yourself occasionally worth 50 bucks?
i think in many cases the answer is yes. the money we need for lobbying ie very large....it's hard to make it form 20 bucks at a time when barely 5% of the membership contributes.
you have the choice hereof donating 100 now and considering it as two 50 buck donations, so your next one will be delayed. there are various ways of looking at this.
there are various ways to contribute, money is just one of them- although very important. if you have not done this, join a state chapter and start meeting lawmakers in your area. get friends to join iv. put up fliers and posters in local grocery stores/fairs and festivals etc. there are many good examples of these activities being done successfully. in the end it's going to matter is whether we put enough effort to push over the line- whether it's today or in 2 years.
we all have a choice. please make a wise one.
1. if your company pays for everything, why such reluctance to put up a few more dollars for your own cause? think of those that pay for everything themselves and still contribute.
2. each contribution to paypal costs, they take a chunk off it. making small 10 buck contribution is really not the intelligent way to go.
3. there used to be a 20/mnth recurring contribution. now it does no exist. what do you want? should we throw out the original 20 buck guys? of course they can continue doing it. i can't imagine why it would put you off? btw we did not really lose any money by going to a minimum of 50- you know why? those who were serious still contributed. others who were whining at that time (why is there not a 10/mnth option) were in many (though not all) cases not going to contribute anyway. this is just fyi.
4. what is 50 bucks a month? step back and think sometime. a family meal/movie? do you indulge yourself occasionally worth 50 bucks?
i think in many cases the answer is yes. the money we need for lobbying ie very large....it's hard to make it form 20 bucks at a time when barely 5% of the membership contributes.
you have the choice hereof donating 100 now and considering it as two 50 buck donations, so your next one will be delayed. there are various ways of looking at this.
there are various ways to contribute, money is just one of them- although very important. if you have not done this, join a state chapter and start meeting lawmakers in your area. get friends to join iv. put up fliers and posters in local grocery stores/fairs and festivals etc. there are many good examples of these activities being done successfully. in the end it's going to matter is whether we put enough effort to push over the line- whether it's today or in 2 years.
we all have a choice. please make a wise one.
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Guys - I have 2 sets of questions:
1. Case 1: Re-enter on AP with a valid H1-B visa till Oct 2010 (not stamped in Passport though). What status do I have (AOS or H1-B)? This is assuming that I work for the same GC sponsoring employer. I currently have 3 copies of AP (and 3 for my wife) - will I have to turn in all 3 of them at the POE? I have read that the Immigration Officers keep 2 of the 3 APs and return one back to you. The I-94 is stamped for 1 year - what do I do after a year? Do I have to renew my AP every year to maintain my status in the US?
2. Case II: Re-enter on AP (not working for sponsoring employer - using AC 21) - Is this safe? How does one explain AC21 to the Immigration Officer..how should one answer the question: 'Who is your current employer?'
thanks in advance!
charlotte-gc
1. Case 1: Re-enter on AP with a valid H1-B visa till Oct 2010 (not stamped in Passport though). What status do I have (AOS or H1-B)? This is assuming that I work for the same GC sponsoring employer. I currently have 3 copies of AP (and 3 for my wife) - will I have to turn in all 3 of them at the POE? I have read that the Immigration Officers keep 2 of the 3 APs and return one back to you. The I-94 is stamped for 1 year - what do I do after a year? Do I have to renew my AP every year to maintain my status in the US?
2. Case II: Re-enter on AP (not working for sponsoring employer - using AC 21) - Is this safe? How does one explain AC21 to the Immigration Officer..how should one answer the question: 'Who is your current employer?'
thanks in advance!
charlotte-gc
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As I understand that the Tri State area is very big and has a huge population and everyone would love to make it to the events, a lot of events are being planned.
Now for those who cannot make it to NYC, please arrange your own MEET AND GREET events in a local Starbucks or meet up in a local mall food court or any other place you think is best - conference rooms in apartment complexes are very ideal places for meetings.
We want volunteers from the following areas
(1) Long Island, farther east - till Riverhead
(2) South Jersey, West Jersey
(3) Connecticut (Northern)
(4) Upstate NY (Albany and Poughkeepsie)
(5) Upstate NY - Syracuse, Rochester and Buffalo
Folks in this area please volunteer for events in your areas. PM me of you need details. Join the Tri State Chapter by following the link on my signature.
Folks from CT , if you would like to meet up please do PM me or mention it in this thread.
Now for those who cannot make it to NYC, please arrange your own MEET AND GREET events in a local Starbucks or meet up in a local mall food court or any other place you think is best - conference rooms in apartment complexes are very ideal places for meetings.
We want volunteers from the following areas
(1) Long Island, farther east - till Riverhead
(2) South Jersey, West Jersey
(3) Connecticut (Northern)
(4) Upstate NY (Albany and Poughkeepsie)
(5) Upstate NY - Syracuse, Rochester and Buffalo
Folks in this area please volunteer for events in your areas. PM me of you need details. Join the Tri State Chapter by following the link on my signature.
Folks from CT , if you would like to meet up please do PM me or mention it in this thread.
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How about getting somebody who already got his green card, and after getting the card created jobs or did some inventions.
In such a case, we can definitely contact some of the desi CEO's etc. I am sure that they will be sympathetic to our case ??
In such a case, we can definitely contact some of the desi CEO's etc. I am sure that they will be sympathetic to our case ??
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Logiclife,
Below is a recent story on travel on AP. I see many posts where folks are asked at POE by CBP offcials if they are still working from the petitioning employer.
Can you advise why CBP officers are even asking to several AP travellers if they are still working for the GC petitioning employer?
My situation: I am not working for the petitioning employer anymore and dont have an attorney as well and so need to get prepared to answer the CBP officails why i am not working for the petitioning employer at POE and you know, CBP officails dont understand AC-21 etc
Please read below.
================================================== =
japs19
Junior Member Join Date: May 2006
Posts: 22
My story...
--------------------------------------------------------------------------------
I feel like sharing mine as mine is the most horrifying.
After scanning my expired H-1 and reviewing my AP, I was sent to "secondary check" where they ask you few questions and verify the authenticity of the documents.
I was asked if I work for the original petitioner? I said no, currently I work for another employer. I showed them my H-1 approval (I-797). The CBP officer was about to stamp my AP and he was told by a "side-kick" that I have to be employed at the same employer otherwise what is the guarantee that I will go and work for that employer. I calmly explained the fact that GC is for future employment and per AC-21 I can change after 180 days. The CBP officer said wait here and then he walked in to some room. He returned after 20 minutes and I was told to go and wait and other officer will take care of the situation. From one officer to another and another to another. I was asked if I am trying to do any fraud. Finally after 5 hours of questioning, I somewhat lost my temper and told them that either send me back to home country or let me go. So after making few phone calls, they concluded that they don't have access to all my records on their system and it is very gray situation so the office in downtown will take care of the situation.
They took my passport, AP, H-1 approval letter and told me to go to downtown office after 30 days and they will decide what to do.
My lawyer was kind enough to accompany me as she was also upset with their act. When I went there, we were rudely asked completely out of place questions which had nothing to do with whose employer I work for or anything and I was told that "I" confused CBP officers by showing AP and H-1 and I should have just shown them AP and everything would have been fine. I am the culprit and I choose to get myself in trouble.....
I said nothing and just saw him stamping my AP and walked out. I don't know what to conclude out of it. But A friend of mine had valid H-1 and AP and they asked "has any one applied for AOS for you?" he said yes. They asked him to show 485 and AP if he had and same story,,,one officer to another and another to another which lasted for 3 hours and finally his H-1 was stamped.
So, again I am not sure what they are trying to get out of this but this is happening at the airport. I am not trying to scare anyone but just be prepared to deal with such situation and keep in mind that you are not doing any fraud and keep the honesty.
I don' think they should have been rude. However they do have a point. He should NOT have shown BOTH H1b visa and AP. You can enter on one or the other.
I have entered on AP previously and my experience was very good. Only thing is you have to undergo that "secondary inspection" process where they have to verify your pending status details.
When you hand them both, you might feel you are doing it in full disclosure,
however they perceive you are not clear in your intentions. When you show them your AP, their main verification is, whether this 485 case is still open and pending. With H1b they want to know if you are working for your visa petitioning employer.
The morale of the story is, if you have availed yourself of AC21 and moved into another job, you must use AP to reenter, either that or if you moved with a H1 transfer you can use that, however, presenting your old H1b is asking for trouble. H1b is employer specific. We always need to remember that. AP is not.
Below is a recent story on travel on AP. I see many posts where folks are asked at POE by CBP offcials if they are still working from the petitioning employer.
Can you advise why CBP officers are even asking to several AP travellers if they are still working for the GC petitioning employer?
My situation: I am not working for the petitioning employer anymore and dont have an attorney as well and so need to get prepared to answer the CBP officails why i am not working for the petitioning employer at POE and you know, CBP officails dont understand AC-21 etc
Please read below.
================================================== =
japs19
Junior Member Join Date: May 2006
Posts: 22
My story...
--------------------------------------------------------------------------------
I feel like sharing mine as mine is the most horrifying.
After scanning my expired H-1 and reviewing my AP, I was sent to "secondary check" where they ask you few questions and verify the authenticity of the documents.
I was asked if I work for the original petitioner? I said no, currently I work for another employer. I showed them my H-1 approval (I-797). The CBP officer was about to stamp my AP and he was told by a "side-kick" that I have to be employed at the same employer otherwise what is the guarantee that I will go and work for that employer. I calmly explained the fact that GC is for future employment and per AC-21 I can change after 180 days. The CBP officer said wait here and then he walked in to some room. He returned after 20 minutes and I was told to go and wait and other officer will take care of the situation. From one officer to another and another to another. I was asked if I am trying to do any fraud. Finally after 5 hours of questioning, I somewhat lost my temper and told them that either send me back to home country or let me go. So after making few phone calls, they concluded that they don't have access to all my records on their system and it is very gray situation so the office in downtown will take care of the situation.
They took my passport, AP, H-1 approval letter and told me to go to downtown office after 30 days and they will decide what to do.
My lawyer was kind enough to accompany me as she was also upset with their act. When I went there, we were rudely asked completely out of place questions which had nothing to do with whose employer I work for or anything and I was told that "I" confused CBP officers by showing AP and H-1 and I should have just shown them AP and everything would have been fine. I am the culprit and I choose to get myself in trouble.....
I said nothing and just saw him stamping my AP and walked out. I don't know what to conclude out of it. But A friend of mine had valid H-1 and AP and they asked "has any one applied for AOS for you?" he said yes. They asked him to show 485 and AP if he had and same story,,,one officer to another and another to another which lasted for 3 hours and finally his H-1 was stamped.
So, again I am not sure what they are trying to get out of this but this is happening at the airport. I am not trying to scare anyone but just be prepared to deal with such situation and keep in mind that you are not doing any fraud and keep the honesty.
I don' think they should have been rude. However they do have a point. He should NOT have shown BOTH H1b visa and AP. You can enter on one or the other.
I have entered on AP previously and my experience was very good. Only thing is you have to undergo that "secondary inspection" process where they have to verify your pending status details.
When you hand them both, you might feel you are doing it in full disclosure,
however they perceive you are not clear in your intentions. When you show them your AP, their main verification is, whether this 485 case is still open and pending. With H1b they want to know if you are working for your visa petitioning employer.
The morale of the story is, if you have availed yourself of AC21 and moved into another job, you must use AP to reenter, either that or if you moved with a H1 transfer you can use that, however, presenting your old H1b is asking for trouble. H1b is employer specific. We always need to remember that. AP is not.
if your PD remains current for at least three months in a row and everything else is clear, there is good chance you are out of the pipeline.
My PD is current for almost a year and Name check is cleared in July 2008.
No soft or hard LUD's sofar. :mad:
My PD is current for almost a year and Name check is cleared in July 2008.
No soft or hard LUD's sofar. :mad:
Well, I like you because you are just a straight shooter. If you are such a straight shooter then let me do some straight talk, so just catch this.
what makes you think hiring managers eat commission? are you a hiring manager? you think in such big hierarchies in big companies few people who are doing hiring can actually eat commissions lol. you think it works like indian police department where havaladar collects money and buys bidi for fellow havaldars and buys 2 for himself and gives the rest to his sub inspector who in turn gives to inspector and so on and so on? if that was the case one would not want to get promoted to anything other than the idiotic role of hiring manager of consultants. that is the most idiotic thing i have ever heard. there could be few exceptional bad apples but with any descent sized reputable company a manager would risk going to jail and being sued by employer and future life and career screwed if he eats commission like that. i have seen people getting fired and stripped naked for doing this again incidentaly some desis who attempted it. there would be lot of other real or perceived services provided by consulting companies which are keeping a huge chunk of the hourly rate and will keep the person on bench for descent time give other benefits train them and yes with this kind of idiotic software packages train some guy picked up from the street and put him to work. if someone gets a job like that he should be more than happy with 55/hour. dont know what is the educational background of this gentleman who has started the thread but i would like to know what makes him so super special to earn salary of say even 150/hour or 100/hour out of what he thinks is the billing rate of 180/hour that will propel him to about top 3% earners in the economy.
what makes you think hiring managers eat commission? are you a hiring manager? you think in such big hierarchies in big companies few people who are doing hiring can actually eat commissions lol. you think it works like indian police department where havaladar collects money and buys bidi for fellow havaldars and buys 2 for himself and gives the rest to his sub inspector who in turn gives to inspector and so on and so on? if that was the case one would not want to get promoted to anything other than the idiotic role of hiring manager of consultants. that is the most idiotic thing i have ever heard. there could be few exceptional bad apples but with any descent sized reputable company a manager would risk going to jail and being sued by employer and future life and career screwed if he eats commission like that. i have seen people getting fired and stripped naked for doing this again incidentaly some desis who attempted it. there would be lot of other real or perceived services provided by consulting companies which are keeping a huge chunk of the hourly rate and will keep the person on bench for descent time give other benefits train them and yes with this kind of idiotic software packages train some guy picked up from the street and put him to work. if someone gets a job like that he should be more than happy with 55/hour. dont know what is the educational background of this gentleman who has started the thread but i would like to know what makes him so super special to earn salary of say even 150/hour or 100/hour out of what he thinks is the billing rate of 180/hour that will propel him to about top 3% earners in the economy.
