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GCSOON-Ihope
05-25 12:07 AM
Like all of you guys on this forum, I am absolutely stunned by this new F^&*%&(%^G bill. I believe that the root of the problem is that, no matter how hard you try to explain our situation, unless those congressmen could experience by themselves the precarious and highly stressful life of the legal would be immigrant...they will never get it.
They just don't see a problem because...we are legal!
Years ago, I was talking with a colleague of mine (a born US citizen) and I was telling him how stressed up and depressed I was because of that endless GC wait. He looked at me increduously and said: "what are you complaining about? You are here legally, have a good job, just bought your own place, drive a nice car...By all accounts, your situation is quite enviable!"
You see? They see us as privileged or even worse, I truly believe they see us as cry babies! This is their perception and even the hard facts that we are highly contributing to this country and that we don't deserve to be treated like s..t won't change it.
No wonder they don't give a damn about us.
They just don't see a problem because...we are legal!
Years ago, I was talking with a colleague of mine (a born US citizen) and I was telling him how stressed up and depressed I was because of that endless GC wait. He looked at me increduously and said: "what are you complaining about? You are here legally, have a good job, just bought your own place, drive a nice car...By all accounts, your situation is quite enviable!"
You see? They see us as privileged or even worse, I truly believe they see us as cry babies! This is their perception and even the hard facts that we are highly contributing to this country and that we don't deserve to be treated like s..t won't change it.
No wonder they don't give a damn about us.
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sc3
08-07 07:42 PM
1. Will this(porting EB3 pd to EB2) be possbile even if you change companies (moved from the sponsoring company) after 485 is filed for?:confused:
Yes, you can do the porting even after 485 is filed, but keep in mind that for the porting to happen, you need the I140 approved (I believe PD porting is not a AC21 benefit,it has been there for a while).
If you are using the experience route, then it is preferred to go for a different company. It is somewhat difficult to get EB2 certification from the same company if the experience was gained in it. Most lawyers shy away from doing this.
What I know for sure: if you have your 140 approved, and the company does not withdraw (ask USCIS to revoke) then you can do port it.
What I believe (and have read): If you have had your i140 approved (and add some time out, say 6 months), then you retain the PD even if employer asks to withdraw.
Note that in both cases, if there was a fraud or misrepresentation in i140, and USCIS revokes the approval, you cant claim the porting even after the timeout mentioned above .
Hope that helps.
Yes, you can do the porting even after 485 is filed, but keep in mind that for the porting to happen, you need the I140 approved (I believe PD porting is not a AC21 benefit,it has been there for a while).
If you are using the experience route, then it is preferred to go for a different company. It is somewhat difficult to get EB2 certification from the same company if the experience was gained in it. Most lawyers shy away from doing this.
What I know for sure: if you have your 140 approved, and the company does not withdraw (ask USCIS to revoke) then you can do port it.
What I believe (and have read): If you have had your i140 approved (and add some time out, say 6 months), then you retain the PD even if employer asks to withdraw.
Note that in both cases, if there was a fraud or misrepresentation in i140, and USCIS revokes the approval, you cant claim the porting even after the timeout mentioned above .
Hope that helps.
sss9i
11-30 05:06 PM
Can I transfer my H1B to differnet Comany without I-140 Approved Copy For H1B extension??
Filed 140 and 485 Concurrently On August 1st,07 under July Bull.
Tahnk you.
Filed 140 and 485 Concurrently On August 1st,07 under July Bull.
Tahnk you.
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at0474
04-14 12:00 PM
"Does anyone know if the GC is valid given my friend's death?"
--A friend of mine had to go through the same experience. Her husband passed away while awaiting GC. She talked to some prominent lawyers and it was told that GC stands invalid upon beneficiary's demise. I am not vouching for the exact terminology.
"Can his family return to US?"
--Somebody in the forum was suggesting that she can use new GC to get back into the country. I wouldn't take that bold step. She has to consult some lawyer here and weigh in the repurcussions. Mother and daughter must be going through tremendous grief already. For some reason, if the officer finds out that her GC is invalid and denies entry into the country at POE, it is going to be an unbearable blow for them. It would have been a different story if she had not left the country.
--A friend of mine had to go through the same experience. Her husband passed away while awaiting GC. She talked to some prominent lawyers and it was told that GC stands invalid upon beneficiary's demise. I am not vouching for the exact terminology.
"Can his family return to US?"
--Somebody in the forum was suggesting that she can use new GC to get back into the country. I wouldn't take that bold step. She has to consult some lawyer here and weigh in the repurcussions. Mother and daughter must be going through tremendous grief already. For some reason, if the officer finds out that her GC is invalid and denies entry into the country at POE, it is going to be an unbearable blow for them. It would have been a different story if she had not left the country.
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moonrah
06-26 02:18 AM
hey stop bashing the bush admin for everything that's happening. If at all someone's helping our cause it's the repubs, and not the dems who are more concerned with appeasing the illegals.
body....nobody is bashing anybody...please read the post carefully and be objective abt it..
body....nobody is bashing anybody...please read the post carefully and be objective abt it..
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swamy
09-29 10:29 AM
Didn't notice that the passport was still in my jeans when I did the laundry:( The passport ID pages don't look damaged but the picture on the visa page looks fuzzy - & I just got my visa restamped 3 weeks ago! Anyone knows what the procedure is to get a new stamp? The consulate pages mention only about lost passports
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GoneSouth
09-20 12:27 PM
Hi Folks, I am in the process of switching from EB-3 to EB-2 myself. The key to filing EB-2 vs. EB-3 is the qualifications required by the position, NOT the qualifications possessed by the candidate. You might have a Ph.D and 25 years experience, but if you're being hired for a Computer Programmer position, you cannot file EB-2.
How do you know if your position is EB-2 eligible? You can look on the DoL foreign labor certification website (www.flcdatacenter.org), for your job category, if it says Job Zone 5 or higher, the position qualifies for EB-2. I have heard that certain Job Zone 4 positions have qualified for EB-2, such as "senior software enginer" or "senior systems analyst", however I have been advised by two different lawyers at two different firms that this is not the case.
You can only amend your I-140, like the previous poster stated, *IF* the original labor certification was for a position that would normally qualify for EB-2 (e.g., "Computer Information Systems Manager" - Job Zone 5) and for some reason your dumbass lawyer filed as EB-3. Otherwise, if your labor certification is for a position that would normally only qualify for EB-3, your employer/sponsor will need to come up with a new position that *does* qualify for EB-2 and then you have to restart the entire process.
How do you know if your position is EB-2 eligible? You can look on the DoL foreign labor certification website (www.flcdatacenter.org), for your job category, if it says Job Zone 5 or higher, the position qualifies for EB-2. I have heard that certain Job Zone 4 positions have qualified for EB-2, such as "senior software enginer" or "senior systems analyst", however I have been advised by two different lawyers at two different firms that this is not the case.
You can only amend your I-140, like the previous poster stated, *IF* the original labor certification was for a position that would normally qualify for EB-2 (e.g., "Computer Information Systems Manager" - Job Zone 5) and for some reason your dumbass lawyer filed as EB-3. Otherwise, if your labor certification is for a position that would normally only qualify for EB-3, your employer/sponsor will need to come up with a new position that *does* qualify for EB-2 and then you have to restart the entire process.
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eb3_nepa
03-22 04:31 PM
There is no need to make this a Federal case, but there is no harm in mentioning it in one of the Faxes/Emails either.
Like a lot of other things, it is another angle. You had mentioned about Fraud from Indian/Chinese companies. I wud say that, it is the Job of the Labor Department/UCSIS to check that fraud out. Even currently there is fraud with the Selling of LCs etc. They can increase the fees but thoroughly investigate companies applying for large number of Green cards.
Like a lot of other things, it is another angle. You had mentioned about Fraud from Indian/Chinese companies. I wud say that, it is the Job of the Labor Department/UCSIS to check that fraud out. Even currently there is fraud with the Selling of LCs etc. They can increase the fees but thoroughly investigate companies applying for large number of Green cards.
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new_horizon
03-04 02:33 PM
yes we don't want any profanity or name calling on this forum. We ought to be civil in our discourse no matter what harm someone does to our cause.
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brij523
12-02 10:00 AM
What country do you belong to? Is your priority date (PD) current? If you belong to retrogressed country and PD is not current, it may be denial notice.
As someone wrote, you can file Motion to Reopen (MTR) case. Research this site n immigration.com for MTR.
I do not know what is the possibility of applying for PERM labor?
My dear friend are you involved with IV or you are just using this site for one day!! Please get involved with IV. Give some time in a day or in a week or in a month or donate some money or ask some people to join this site. That will help you in long run.
Guys,
I still am waiting to see the actual response of USCIS which suppose to be come in mail either on monday or tuesday, but just for the sake of it, does any body see any approvals also with the message that just says that a decision has been made and have been mailed to you. since I still dont know yet what is the DECISION that they have made.
RB
As someone wrote, you can file Motion to Reopen (MTR) case. Research this site n immigration.com for MTR.
I do not know what is the possibility of applying for PERM labor?
My dear friend are you involved with IV or you are just using this site for one day!! Please get involved with IV. Give some time in a day or in a week or in a month or donate some money or ask some people to join this site. That will help you in long run.
Guys,
I still am waiting to see the actual response of USCIS which suppose to be come in mail either on monday or tuesday, but just for the sake of it, does any body see any approvals also with the message that just says that a decision has been made and have been mailed to you. since I still dont know yet what is the DECISION that they have made.
RB
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hsingh82
03-05 01:19 PM
But if they are asking this even for H1 B extension???
You think the client is going to give the letter.... Going to india for visa extn. looks grimmy....
Looks like they are asking for all these documents for extension too.
If you were previously employed in the United States, copies of all pay slips and monthly bank statements for the time you were employed.
ALL PAY SLIPS??? wow!
You think the client is going to give the letter.... Going to india for visa extn. looks grimmy....
Looks like they are asking for all these documents for extension too.
If you were previously employed in the United States, copies of all pay slips and monthly bank statements for the time you were employed.
ALL PAY SLIPS??? wow!
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godbless
03-04 01:15 PM
But can the first emloyer through whom you got your EAD harm you in any way if you leave his company and join the other one using EAD/AC21?
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GCwaitforever
04-21 02:13 PM
Good to see some movement.
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neerajkandhari
12-28 08:27 AM
I had spoken to my attorney regarding this in March 2008
I am still looking for second opinion Pls post your Attorneys opinion so i can make my final decision
I am pasting his reply
My question
I am presently on EAD its been more than 365 day since my 485 was filed
Please advice whether i can work with Avs in the same positon as contractor,in that case they will give me 1099 at the end of the year
His Answer
As previously mentioned, in order for your I-485 to be approved you need to have the offer of employment in the same occupational classification as you were petitioned with the same or higher salary. Whether you work in the interim on W-2 or 1099, it makes no difference.
Sincerely,
--
Friend of mine has small project in his company and he needed me to help him to complete the project. He was asking me if I can work under 1099(independent contractor) for few hours a week.
Is there anybody who is using EAD to work for an employer under W2 and also works part time on 1099?
Anybody knows about whether this is fine or not good?
Best regards,
I am still looking for second opinion Pls post your Attorneys opinion so i can make my final decision
I am pasting his reply
My question
I am presently on EAD its been more than 365 day since my 485 was filed
Please advice whether i can work with Avs in the same positon as contractor,in that case they will give me 1099 at the end of the year
His Answer
As previously mentioned, in order for your I-485 to be approved you need to have the offer of employment in the same occupational classification as you were petitioned with the same or higher salary. Whether you work in the interim on W-2 or 1099, it makes no difference.
Sincerely,
--
Friend of mine has small project in his company and he needed me to help him to complete the project. He was asking me if I can work under 1099(independent contractor) for few hours a week.
Is there anybody who is using EAD to work for an employer under W2 and also works part time on 1099?
Anybody knows about whether this is fine or not good?
Best regards,
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REEF�
06-25 10:26 PM
Debating between sen and freeskier...:(
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amsgc
08-06 07:54 PM
What was the ND on your app?
SRC07264
Approved
SRC07264
Approved
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freeskier89
06-29 05:18 PM
I really liked Free's too but I wish it had boundaries. It's really easy to "lose" it off the edge of the screen and I agree that novices may have trouble controlling it.
And actually I thought Defective's was great too. Nothing fancy but very well organized and implemented. :thumb:
Every single one of these is hella better than I could do!! :P I knew the boundary issue would be the death of my gallery :) . I'll fix that shortly and post it after the poll is done. BTW, when does the poll end?
BTW: Thanks for the votes everyone :hugegrin:.
And actually I thought Defective's was great too. Nothing fancy but very well organized and implemented. :thumb:
Every single one of these is hella better than I could do!! :P I knew the boundary issue would be the death of my gallery :) . I'll fix that shortly and post it after the poll is done. BTW, when does the poll end?
BTW: Thanks for the votes everyone :hugegrin:.
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virald
08-13 12:15 AM
Hello,
I was at Milpitas gathering tonight. Here is a question I wanted to ask there, but ran out of time.
Most of the immigration related bills introduced in house/senate we thought would pass were denied because one or two clauses in there that they didn't like. Is it possible to exclude stuff like increasing H1 visas and include it in a separate bill; that we may have better chance in getting green card bills passed.
It was just my thought.
Hi there,
Can anyone post updates/videos from the gathering?
Thanks
I was at Milpitas gathering tonight. Here is a question I wanted to ask there, but ran out of time.
Most of the immigration related bills introduced in house/senate we thought would pass were denied because one or two clauses in there that they didn't like. Is it possible to exclude stuff like increasing H1 visas and include it in a separate bill; that we may have better chance in getting green card bills passed.
It was just my thought.
Hi there,
Can anyone post updates/videos from the gathering?
Thanks
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logiclife
10-05 07:27 PM
Logiclife the guy watered and wiped my finger about 15 times (no exaggeration). He tried all sorts of permutations and combinations, but he did not know how to place the fingers and how much pressure to apply. Trust me fingerprinting should not be SUCH a major task.
Will simple washing of hands right b4 the fingerprinting work just as well?
Ok, if he had to do it 15 times, then I think it must be a training issue. Even one finger done improperly is enough for FBI to reject it and ask for new prints.
Just go and get it done and pray that its someone new who does it at that location.
Will simple washing of hands right b4 the fingerprinting work just as well?
Ok, if he had to do it 15 times, then I think it must be a training issue. Even one finger done improperly is enough for FBI to reject it and ask for new prints.
Just go and get it done and pray that its someone new who does it at that location.
nixstor
11-22 10:06 AM
Lets have a conf call wednesday evening. Let me know what time works for you guys.
Only Paimai has responded to me with his contact info. Any one else listening here?? syed, where are you?
Only Paimai has responded to me with his contact info. Any one else listening here?? syed, where are you?
Hassan11
01-08 11:31 AM
Thank you for the advice but I am done waiting 1 more year after the other. it might be 1 more year and maybe 2 or 3, who knows. Sorry to be pessimistic :( but I have no hope about CIR. Instead of wasting these important years of my life waiting for something that might or might not happen, I have decided to go back home to start a family and a career near my parents. I have lived 9.5 years away from them and missed on so many things because of this false hope of the GC. if it is in my destiny to come back here 1 day, then we will see, but for now I am done.
Hassan I would recommend waiting maybe another year. If CIR passes it might help expedite GC for everybody.
I am also in the same boat, and will probably wait maybe another couple of years before throwing in the towel as well.
On a sidenote I have a question for the gurus on IV:
I have a lot of shares in the US stock market, as well as IRA and 401k, and some saving accounts. If I do decide to leave US, do I need to cash out everything or can I let everything stay as is ?
Hassan I would recommend waiting maybe another year. If CIR passes it might help expedite GC for everybody.
I am also in the same boat, and will probably wait maybe another couple of years before throwing in the towel as well.
On a sidenote I have a question for the gurus on IV:
I have a lot of shares in the US stock market, as well as IRA and 401k, and some saving accounts. If I do decide to leave US, do I need to cash out everything or can I let everything stay as is ?
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