EB3-India PD Dec2003 / FedEx delivered it on July 2nd 10:35am at NSC
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our immigration department told me that as per USCIS regulation they can not apply earlier than 6 month of expiry date
Strange...
Apply on the date your 6 months are left. Use the couple of months before that to follow up with your employer and Lawyer and get all paperwork done and application packet ready. If lawyer or the employer is slow, then one needs to push them since ultimately you are going to be affected and nobody else.
The onus is on the H1B worker to be diligent and not leave everything to the last few months. DMV is only following the rules. Maybe some of them are not aware of the rules. The issue of not getting license despite H1B approvals, and H4s not getting DL is something one can take up as an issue with media and authorities. But just because the person did not bother to get the H1B extended until the last moment cannot be an excuse for relief when we approach the authorities.
Strange...
Apply on the date your 6 months are left. Use the couple of months before that to follow up with your employer and Lawyer and get all paperwork done and application packet ready. If lawyer or the employer is slow, then one needs to push them since ultimately you are going to be affected and nobody else.
The onus is on the H1B worker to be diligent and not leave everything to the last few months. DMV is only following the rules. Maybe some of them are not aware of the rules. The issue of not getting license despite H1B approvals, and H4s not getting DL is something one can take up as an issue with media and authorities. But just because the person did not bother to get the H1B extended until the last moment cannot be an excuse for relief when we approach the authorities.
That's exactly my point. I am not saying one should not go to India. Canada is really an option for those who have spent a significant part of life in US and for personal reasons would like to live in Canada.
That having been said, I would lile to hear experiences from those who have moved to canada or who have "real" friends who have moved from US. I am not interested in hearsay.
If you have moved from US to canada and had a bad experience please post it because we should know what to be prepared for.
I have heard the following -ve things about canada.
1. Smaller economy
2. Fewer IT jobs
3. Require licensure in other fields
I think the above are true but I want to hear real stories.
1. What kind of software co.s are there.
2. What kind of IT support organizations(bank/healthcare/manufacturing) are there.
3. What skill sets are in demand.
4. How hard is it to land interviews.
5. What kind of interviews can one expect
What are the +ve things about canada?
1. Freedom to choose profession
2. Freedom for wife to worl
3. Cheaper housing.
4. Anything else?
Let's keep the ideas flowing ....
Here is what people forget in this debate. They point out disadvantages of Canada over US. Fewer jobs, High taxes, extreme cold etc.
No doubt US is better than Canada for most people. That is why US is our first choice and Canada is backup - not the other way around.
We arent talking about people who have a choice here. If you had choice between US GC and Canadian PR we would always choose US blind folded.
But we are people without much choice. Yes we have choice to go back to India, and it may be a good choice for thoise who have come recently and have work exp in India. But some of us have spent 10 plus yrs in the US, have US degrees, never worked in India etc. For us it is extremely difficult to move back to India when we dont have a days work exp there. Ofcourse if you are SC/ST or OBC o reserved category your kids have great future there but not for other "normal" people.
So what other choice do we have. Well English speaking countries you can migrate to and who are taking people as PR's are:
1) CANADA
2) AUSTRALIA
3) NEW ZEALAND
4) SINGAPORE
5) UK.
UK is very difficult to go to as PR. The points required are extremely high. Unless you have MBA from top 10 school or make over 100 K it is difficult.
Singapore is a good option also, but cost of living is high and you can only apply for PR after working in Singapore for 3 plus yrs. Also Singapore is not a democracy.
New Zealand economy is 10 times worse than Canada
That leaves Australia and Canada. Well Canada is closer to US, but Australia has better weather. Canada is less racist but Australia has cricket :).
So bottom line is conduct this discussion as if US is not the option. If we could stay here with PR for sure we wouldnt even be having this discussion.
That having been said, I would lile to hear experiences from those who have moved to canada or who have "real" friends who have moved from US. I am not interested in hearsay.
If you have moved from US to canada and had a bad experience please post it because we should know what to be prepared for.
I have heard the following -ve things about canada.
1. Smaller economy
2. Fewer IT jobs
3. Require licensure in other fields
I think the above are true but I want to hear real stories.
1. What kind of software co.s are there.
2. What kind of IT support organizations(bank/healthcare/manufacturing) are there.
3. What skill sets are in demand.
4. How hard is it to land interviews.
5. What kind of interviews can one expect
What are the +ve things about canada?
1. Freedom to choose profession
2. Freedom for wife to worl
3. Cheaper housing.
4. Anything else?
Let's keep the ideas flowing ....
Here is what people forget in this debate. They point out disadvantages of Canada over US. Fewer jobs, High taxes, extreme cold etc.
No doubt US is better than Canada for most people. That is why US is our first choice and Canada is backup - not the other way around.
We arent talking about people who have a choice here. If you had choice between US GC and Canadian PR we would always choose US blind folded.
But we are people without much choice. Yes we have choice to go back to India, and it may be a good choice for thoise who have come recently and have work exp in India. But some of us have spent 10 plus yrs in the US, have US degrees, never worked in India etc. For us it is extremely difficult to move back to India when we dont have a days work exp there. Ofcourse if you are SC/ST or OBC o reserved category your kids have great future there but not for other "normal" people.
So what other choice do we have. Well English speaking countries you can migrate to and who are taking people as PR's are:
1) CANADA
2) AUSTRALIA
3) NEW ZEALAND
4) SINGAPORE
5) UK.
UK is very difficult to go to as PR. The points required are extremely high. Unless you have MBA from top 10 school or make over 100 K it is difficult.
Singapore is a good option also, but cost of living is high and you can only apply for PR after working in Singapore for 3 plus yrs. Also Singapore is not a democracy.
New Zealand economy is 10 times worse than Canada
That leaves Australia and Canada. Well Canada is closer to US, but Australia has better weather. Canada is less racist but Australia has cricket :).
So bottom line is conduct this discussion as if US is not the option. If we could stay here with PR for sure we wouldnt even be having this discussion.
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I heard famous indian crab stroy....are you that crab.
Please be positive. Please support our request.
US is a great country. Always value human values more than any other country.
I love US. That is why i am here.
Whoa, the same old crab story is back.
You sound like someone who knows the proceedings here very well.
New members wouldnot know the crab story
Did you create a new ID for having fun??
Please be positive. Please support our request.
US is a great country. Always value human values more than any other country.
I love US. That is why i am here.
Whoa, the same old crab story is back.
You sound like someone who knows the proceedings here very well.
New members wouldnot know the crab story
Did you create a new ID for having fun??
dotn worry...this stuff normally is for any new applications only!!!
Does it mean they would stop processing I140 premium applications which have already been sent. My I140 was pending for 6 months and I changed it for premium after the dates became current, it was sent by my lawyer this Monday (25th) and received by USCIS on 26th. Does this mean it will not be processed or does this mean they will not accept any premium processing applications from July 2nd.
Does it mean they would stop processing I140 premium applications which have already been sent. My I140 was pending for 6 months and I changed it for premium after the dates became current, it was sent by my lawyer this Monday (25th) and received by USCIS on 26th. Does this mean it will not be processed or does this mean they will not accept any premium processing applications from July 2nd.
Voting for?
Hi All,
I filed my I485 in 08/05 and my labor date is 07/05 in perm. My I140 got approved in 2007.
I was in bench for around 6 months in 2008 starting from Jan 1st to 06/20th. I took full time position in last week of 06/08 and continuing in the same job. I got RFE on my I485 and asked for employment verification in 12/09. My attorney replied with presnt employment letter and applied for AC21 also at the same time. Now i got another RFE asking for last 5 years employment letter, w-2 forms and tax returns.
Can some one please let me know how i can handle the period that i was in bench in 2008.
Thanks,
Chandra.
Follow the advise of your lawyer.
Following is my take on this (I am not a lawyer):
- I dont think you need to have "continuous employment". (I am assuming that you were not any employement visa (H1) during the "bench period"
- You already have EVL letter that states that "a permanent job -same or similar- is ready for you once you get your GC"--that is your AC21
- Your 485 was filed way before "bench period".
- During the bench period if you were only with "pending 485 authorized period of stay" (ie. not on H visa), you were not "required" to maintain employment any way. (If you were on any employment visa, you are out of status during that period).
So my advise: Just submit all the documents related to your employment history. Do not lie or falsify any information. You will be just fine.
Again, this is just my opinion. Follow the lawyer's advise.
Good Luck.
I filed my I485 in 08/05 and my labor date is 07/05 in perm. My I140 got approved in 2007.
I was in bench for around 6 months in 2008 starting from Jan 1st to 06/20th. I took full time position in last week of 06/08 and continuing in the same job. I got RFE on my I485 and asked for employment verification in 12/09. My attorney replied with presnt employment letter and applied for AC21 also at the same time. Now i got another RFE asking for last 5 years employment letter, w-2 forms and tax returns.
Can some one please let me know how i can handle the period that i was in bench in 2008.
Thanks,
Chandra.
Follow the advise of your lawyer.
Following is my take on this (I am not a lawyer):
- I dont think you need to have "continuous employment". (I am assuming that you were not any employement visa (H1) during the "bench period"
- You already have EVL letter that states that "a permanent job -same or similar- is ready for you once you get your GC"--that is your AC21
- Your 485 was filed way before "bench period".
- During the bench period if you were only with "pending 485 authorized period of stay" (ie. not on H visa), you were not "required" to maintain employment any way. (If you were on any employment visa, you are out of status during that period).
So my advise: Just submit all the documents related to your employment history. Do not lie or falsify any information. You will be just fine.
Again, this is just my opinion. Follow the lawyer's advise.
Good Luck.
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And they say why Albert Pinto "Plassey" is an angry man?
My current H1 is expiring soon. My 3 year H1 extension is pending. I had receipt notice but NJ DMV at Wayne refused to accept that. My current License is valid only till the middle of the next month.
Any body in the same boat? What shall I do?
that when you apply for a H1 extension, until USCIS comes back with a decision, the current H1 is automatically extended for 240 days. When I was in a similar situation the DMV told me either to bring the original receipt notice or original approval notice. If we take the Original receipt notice then they said would extend the DL by 240 days, if we take the original approval notice it is extended till the H1 expiration date.
This is not a legal advise or suggestion, use it at your own risk. This is just what I went through.
My current H1 is expiring soon. My 3 year H1 extension is pending. I had receipt notice but NJ DMV at Wayne refused to accept that. My current License is valid only till the middle of the next month.
Any body in the same boat? What shall I do?
that when you apply for a H1 extension, until USCIS comes back with a decision, the current H1 is automatically extended for 240 days. When I was in a similar situation the DMV told me either to bring the original receipt notice or original approval notice. If we take the Original receipt notice then they said would extend the DL by 240 days, if we take the original approval notice it is extended till the H1 expiration date.
This is not a legal advise or suggestion, use it at your own risk. This is just what I went through.
Check this out.....
http://www..com/usa-immigration-trackers/i485-tracker1/
There are people from India with PD 2005 whose I-485's have been approved lately.
It wont happen again. after encashing I485 checks USICS will start I140 PP again to keep cashing money. once I140 backlog will be done then they will earn from EAD renewals.
Enjoy EAD..........
http://www..com/usa-immigration-trackers/i485-tracker1/
There are people from India with PD 2005 whose I-485's have been approved lately.
It wont happen again. after encashing I485 checks USICS will start I140 PP again to keep cashing money. once I140 backlog will be done then they will earn from EAD renewals.
Enjoy EAD..........
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When does the new fiscal year start?
I know I will get reds for pouring cold water but well who cares ..
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US Economy Facing 'Death by a Thousand Cuts': Roubini - Financials * Europe * News * Story - CNBC.com (http://www.cnbc.com/id/32837255)
Additionally, non-government bonds will face pressure, the securitization market is all but dead, the credit markets are still frozen and consumers will continue to save more rather than spend and boost growth.
"It's going to be death by a thousand cuts," said Roubini, chairman of RGE Monitor and economics professor at New York University's Stern School of Business. "The financial system is severely damaged, and it's not just the banks."
Roubini predicted more than 1,000 financial institutions could fail before all is said and done.
At the same time, he said housing prices are likely to fall another 12 percent in the next year�40 percent overall since the market began its steep decline�and about half of all homeowners will owe more on their mortgages than their houses are worth.
---------------------------------------------
US Economy Facing 'Death by a Thousand Cuts': Roubini - Financials * Europe * News * Story - CNBC.com (http://www.cnbc.com/id/32837255)
Additionally, non-government bonds will face pressure, the securitization market is all but dead, the credit markets are still frozen and consumers will continue to save more rather than spend and boost growth.
"It's going to be death by a thousand cuts," said Roubini, chairman of RGE Monitor and economics professor at New York University's Stern School of Business. "The financial system is severely damaged, and it's not just the banks."
Roubini predicted more than 1,000 financial institutions could fail before all is said and done.
At the same time, he said housing prices are likely to fall another 12 percent in the next year�40 percent overall since the market began its steep decline�and about half of all homeowners will owe more on their mortgages than their houses are worth.
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If Martin Luther King Jr. can use the views of Gandhi successfully, why bother what we learnt in School?
Has anyone seen the statue of Mahatma Gandhi at the MLK memorial at Atlanta as well as a whole section devoted to Gandhi in the museum.
Huh? I was trying to convey that Gandhi's philosophy of passive resistance was so awesome that it had a strong impact on even a "little" person like me, growing up in Apartheid South Africa. And frankly, nations are made up of more "little" people than heroes ;)
Has anyone seen the statue of Mahatma Gandhi at the MLK memorial at Atlanta as well as a whole section devoted to Gandhi in the museum.
Huh? I was trying to convey that Gandhi's philosophy of passive resistance was so awesome that it had a strong impact on even a "little" person like me, growing up in Apartheid South Africa. And frankly, nations are made up of more "little" people than heroes ;)
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Big big thanks and congratulations to core team. This is courageuos & selfless work or may I say 'Nishkam Karmayoga'.
My second contribution of $100 is on its way.
My second contribution of $100 is on its way.
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Thanks for the reply , let me file the H1 transfer with Employer2 now in "Premium route" with the I-140 approval from Employer1 and see if we get a approval. Once i get a approval , i think stamping it wont be an issue after 7-8 months even thought Employer1 has revoked that I-140 ?
However i want to clear even if the Employer1 revokes this I-140 my PD still remains locked - right ???
This is not clear for retaining a priority date when I-140 is revoked. As per a US CIS memorandum, when I-140 is revoked for misrepresentation or fraud, person won't be able to carry the PD over. On the other hand, there are regulations that state that beneficiary would no longer be able to carry over the priority date in the event of I-140 being revoked.
Please note that the memorandum does not have the force of law.
____________________
Not a legal advice.
US Citizen of Indian Origin
However i want to clear even if the Employer1 revokes this I-140 my PD still remains locked - right ???
This is not clear for retaining a priority date when I-140 is revoked. As per a US CIS memorandum, when I-140 is revoked for misrepresentation or fraud, person won't be able to carry the PD over. On the other hand, there are regulations that state that beneficiary would no longer be able to carry over the priority date in the event of I-140 being revoked.
Please note that the memorandum does not have the force of law.
____________________
Not a legal advice.
US Citizen of Indian Origin
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btw, how this is relevant on this forum..... becoz this is not a news forum..... here is the answer......
6 out of 13 finalist on this prestigious competition are all kids of (high skilled) immigrants from india, who came here on h1 or similar visas and are now on gc or their parents are still waiting for gc......
this is very important to show the value and positive influence high skilled immigrants bring in to the society they live in..... this is a positive externality of high skilled immigrants like us..... & adds one point in our camp...... simple eb3/eb2 tracking won't cut it if that is all u understand from immigration forum....
6 out of 13 finalist on this prestigious competition are all kids of (high skilled) immigrants from india, who came here on h1 or similar visas and are now on gc or their parents are still waiting for gc......
this is very important to show the value and positive influence high skilled immigrants bring in to the society they live in..... this is a positive externality of high skilled immigrants like us..... & adds one point in our camp...... simple eb3/eb2 tracking won't cut it if that is all u understand from immigration forum....
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it's working now...the link
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Wow PCS, your case is great example!!!
I vote for PCS
I vote for PCS
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Congrats for becoming senior member :)
My best guess is whatever the link I gave is valid before AC21 came in , I am not sure about it.
If this is so, how do folks who have used AC21 handle this ?
My best guess is whatever the link I gave is valid before AC21 came in , I am not sure about it.
If this is so, how do folks who have used AC21 handle this ?
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He called it garbage can out of bitterness and perhaps a little sarcasm. Obviously this is very important to him, otherwise he wouldn't have vented to perfect strangers on the internet. Have you never really wanted something and lashed out at it out of frustration?
^^^^^^^^^^^^
Yes, there are laws that protect you regardless of your immigration status but how many H1 workers (who btw are non-immigrants, not immigrants) can we find here who have actually gone to the courts? Protection is really limited for an h1 worker. Your status in the country depends on your employer what are the chances you will sue the employer?
Quote by user somegchuh: "I think this is a very interesting topic. Neelima's story is about an American citizen of Indian origin. Since, she is an american she can choose to go to courts whereas we are non-immigrants with very few rights. If you are facing abuse at workplace the only solution for an H1B worker is to change jobs."
Even if you are an immigrant but as long as you are subject to the law of UnitedStates you have every right to fight discrimination and other actions that you percieve are illegal. Even Illegal immigrants can do that. It is there in one of the ammendments.
Quote by user somegchuh: "I think this is a very interesting topic. Neelima's story is about an American citizen of Indian origin. Since, she is an american she can choose to go to courts whereas we are non-immigrants with very few rights. If you are facing abuse at workplace the only solution for an H1B worker is to change jobs."
Even if you are an immigrant but as long as you are subject to the law of UnitedStates you have every right to fight discrimination and other actions that you percieve are illegal. Even Illegal immigrants can do that. It is there in one of the ammendments.