qualified_trash
08-28 10:08 PM
What's needed is a pithy powerful message
do you have any better ideas for a pithy and powerful message?
Would be great if we can find a better way to get through our problems and frustrations.
we ARE professionals and dignified individuals
some of us are here working for more than 8 years
Is it dignified to keep working for more than 8 years without a decision on our pending cases?
We dont seek it as an entitlement
Once again, to anyone who read the original thread that started this one, we are not claiming entitlement to getting a green card, but is it unreasonable to claim entitlement to a decision on already pending applications within a reasonable amount of time?
8 years is not reasonable.
And for the right to free speech on this forum, I wonder why the original thread was closed by the administrator.
Is this IV's way of saying they do not support the boycott idea?
Then why not state this explicitly?
Otherwise, clearly the idea is controversial enough to get mixed reactions, and maybe by leaving it up a better idea can come out of it.
IV's work is good and should not be undermined, but maybe we can supplement it by additional ways to get a powerful message across.
how about contributing money to IV? that will help more than stirring up a hornet's nest about boycotts etc.
as far as powerful messages go, what more powerful message can there be than having a bill or two passed that can help us. with the necessary support from its members, I am confident that IV can deliver.
do you have any better ideas for a pithy and powerful message?
Would be great if we can find a better way to get through our problems and frustrations.
we ARE professionals and dignified individuals
some of us are here working for more than 8 years
Is it dignified to keep working for more than 8 years without a decision on our pending cases?
We dont seek it as an entitlement
Once again, to anyone who read the original thread that started this one, we are not claiming entitlement to getting a green card, but is it unreasonable to claim entitlement to a decision on already pending applications within a reasonable amount of time?
8 years is not reasonable.
And for the right to free speech on this forum, I wonder why the original thread was closed by the administrator.
Is this IV's way of saying they do not support the boycott idea?
Then why not state this explicitly?
Otherwise, clearly the idea is controversial enough to get mixed reactions, and maybe by leaving it up a better idea can come out of it.
IV's work is good and should not be undermined, but maybe we can supplement it by additional ways to get a powerful message across.
how about contributing money to IV? that will help more than stirring up a hornet's nest about boycotts etc.
as far as powerful messages go, what more powerful message can there be than having a bill or two passed that can help us. with the necessary support from its members, I am confident that IV can deliver.
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mpadapa
06-13 04:36 PM
Thanks for the update.
Folks, please call u'r own lawmakers and the lawmakers listed on the phone campaign. Every call from constituents are very important.
Just a quick update:
All 3 Lofgren bills will be marked up next week in the subcommittee.
IV is working with the committee members at this time and will give more updates as the bills move forward. Please continue to make calls.
Folks, please call u'r own lawmakers and the lawmakers listed on the phone campaign. Every call from constituents are very important.
Just a quick update:
All 3 Lofgren bills will be marked up next week in the subcommittee.
IV is working with the committee members at this time and will give more updates as the bills move forward. Please continue to make calls.
shana04
06-03 01:58 AM
My previous employer is not providing the document required in RFE in fact of format request.
Is there any way we can get the documents from previous employer (desi)
Thanks in advance
Is there any way we can get the documents from previous employer (desi)
Thanks in advance
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katewill
08-24 01:20 PM
180K per BEC and 2 of them so 360K cases overall.
hello days go by,
kinda new here.
is there a way to find out, out of 360K case overall, how many are EB1, EB2 or EB3? Or how many files in year 01, 02, and 03?
overheard most are EB2/3 cases and not many 245i cases.
hello days go by,
kinda new here.
is there a way to find out, out of 360K case overall, how many are EB1, EB2 or EB3? Or how many files in year 01, 02, and 03?
overheard most are EB2/3 cases and not many 245i cases.
more...
sku
01-16 03:29 PM
The situation seems to be so bad that my immigration attorney sent out a seminar invitation to discuss the lay-off of immigrant workers what to do what not to do. Their agenda includes:
Termination and Layoff Tips
Ensuring that decisions are properly documented and supported
Evaluating if Worker Adjustment and Retraining Notification Act (WARN) or similar state law applies to your company
Complying with employer obligations for laid off nonimmigrant workers and understanding impact on employees' immigration status
Avoiding Legal Landmines When Reducing Pay or Hours
Avoiding potential discrimination and overtime claims
Preventing wage violations for nonimmigrant employees and employees sponsored for green cards
Managing Office Closures: Forced Vacation or Time Off Without Pay
Avoiding wage and hour violations
Strategies for Reducing Immigration Costs
Establishing policies for employee payment of certain immigration costs
Drafting enforceable repayment agreements
Termination and Layoff Tips
Ensuring that decisions are properly documented and supported
Evaluating if Worker Adjustment and Retraining Notification Act (WARN) or similar state law applies to your company
Complying with employer obligations for laid off nonimmigrant workers and understanding impact on employees' immigration status
Avoiding Legal Landmines When Reducing Pay or Hours
Avoiding potential discrimination and overtime claims
Preventing wage violations for nonimmigrant employees and employees sponsored for green cards
Managing Office Closures: Forced Vacation or Time Off Without Pay
Avoiding wage and hour violations
Strategies for Reducing Immigration Costs
Establishing policies for employee payment of certain immigration costs
Drafting enforceable repayment agreements
glus
10-09 01:07 PM
I came to the USA on 3rd November, 2006 in company A. I did not work a single day in company A. I joined to company B on 17th January, 2007. I have no idea how my employer filed my H1B in company B without any paystub. I joined to company C on 24th July as they started my GC process right away. My H1B with company B and C are still pending. Company C has filed my labor on 31st August and got approval on 11th September. I am planning to file I-140, I-485, I-765 and I-131 together. So my questions are:
1) Is there any possibility to get denied/RFE for my GC as my last two H1B are still pending ?
2) What are the risks to be considered if I go back to my country and come back on AP as I don't have a visa stamp on my passport ? I am from a non-retrogressed country.
3) I heard that it takes too much time to bring spouse here if I marry after GC approval. I am planning to go back and marry and come back but don't want to bring my future wife on H4. Will it help me later to avoid unnecessesary waiting time to bring her here once my GC is approved ?
I shall be thankful to you to get my answer.
Thanks & regards,
SU1979
This is a complicated situation. Technically you are in "authorized status" stay because your H1 transfer is pending. I don't know what happens if and when USCIS realizes you never worked for company A. I assume, they will grant your H1 transfer but will not extend your period of stay in H1 and you would need to re-enter on a vailid H1. I would suggest contacting a good lawyer regarding this quickly. Once you are out-of-status for 181days you should not file I485 as it would not be approvable.
As for the second question; if you manage to receive AP and at the time you re-enter the US your I485 is pending, normally you will be able to re-enter without any visas in your passport.
Third question; yes, If you get married after you get GC, it will take much longer; about 4 years at this time, for her to get a GC. If you marry her before your I485 is approved, you can attach her to your GC and she will receive GC at the same time (approximately) as you do assuming all other conditions are met.
Speak to attorney regarding item 1 as soon as possible or do H1 premium to see what happens.
1) Is there any possibility to get denied/RFE for my GC as my last two H1B are still pending ?
2) What are the risks to be considered if I go back to my country and come back on AP as I don't have a visa stamp on my passport ? I am from a non-retrogressed country.
3) I heard that it takes too much time to bring spouse here if I marry after GC approval. I am planning to go back and marry and come back but don't want to bring my future wife on H4. Will it help me later to avoid unnecessesary waiting time to bring her here once my GC is approved ?
I shall be thankful to you to get my answer.
Thanks & regards,
SU1979
This is a complicated situation. Technically you are in "authorized status" stay because your H1 transfer is pending. I don't know what happens if and when USCIS realizes you never worked for company A. I assume, they will grant your H1 transfer but will not extend your period of stay in H1 and you would need to re-enter on a vailid H1. I would suggest contacting a good lawyer regarding this quickly. Once you are out-of-status for 181days you should not file I485 as it would not be approvable.
As for the second question; if you manage to receive AP and at the time you re-enter the US your I485 is pending, normally you will be able to re-enter without any visas in your passport.
Third question; yes, If you get married after you get GC, it will take much longer; about 4 years at this time, for her to get a GC. If you marry her before your I485 is approved, you can attach her to your GC and she will receive GC at the same time (approximately) as you do assuming all other conditions are met.
Speak to attorney regarding item 1 as soon as possible or do H1 premium to see what happens.
more...
perm2gc
08-26 01:19 AM
Dude it is pretty clear you dont belong here. If you joined a body-shop that replaced americans with cheap bodies then your employer violated the law and you were a willing accomplice. You are no better than an illegal alien. No wonder you are so scared of being replaced by yet another cheap body ! IV does not represent people like you.
Now get the hell out of here.well said dude
Now get the hell out of here.well said dude
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ganam
10-03 10:02 PM
Does anybody know in what order GC will be issueed ?
Is it based on priority date or just randomly ?
Is it based on priority date or just randomly ?
more...
eb3_nepa
08-25 12:54 PM
I work for Company A, applied i-485 and both got EAD & AP.She is the dependent.
My Wife works for Company B which sponsored her H1.
So, I guess she cannot continue to work on H1(company B) upon returning using AP(got as my dependent thru Company A) !!!?? am I correct?
As per my laywer, you should be able to work for an H1B and still re-enter using an AP. However for questions like these it is best to consult a GOOD attorney.
My Wife works for Company B which sponsored her H1.
So, I guess she cannot continue to work on H1(company B) upon returning using AP(got as my dependent thru Company A) !!!?? am I correct?
As per my laywer, you should be able to work for an H1B and still re-enter using an AP. However for questions like these it is best to consult a GOOD attorney.
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aknynd
05-21 01:12 PM
how to start a new thread?
more...
ns33
03-18 04:22 PM
Answers below:
1. Technically there is no Salary restriction. As stated above it is a grey area. But, if the job duties are the same and the salary difference is too big (no one knows how much is acceptable without raising questions), then it brings into question if you are still performing the same duties. But basically, you have to make equal to or more than the LC.
2. I have used AC21 before. Have not done EAD renewal yet.
Have a question about point1. Most of larger corp employees who have been in the wait cycle 6-8 years, entered in this coprs at rather lower salaries compared to current day standards. Once inside, pending GC process, you do not get too much of raise or adjustments (2-5% - more of inflation adjustments every 1.5-2 years or so).
Going out of these positions, within similar technical positions, even at lower - rather conservative end of the current pay scale (on AC21-EAD) it is very easy to reach bracket closer to 40-50% higher. Converting to full time consultants, even in tighter market due to current economy; would actually mean closer to 60-70% difference. How do we handle this? Staying within large corp on FT basis does not make sense financially after all these years. Espcially when EB3 category PD doesn't show any sign of life.
If you have a good suggestion/solution please PM me.
Thanks
NS
PS. this entire rant is about people who have been in the same FT position without promotions and very minimal pay adjustments in large corporations - probably outside west cost. So please keep any and all flaming at my post in the context.
1. Technically there is no Salary restriction. As stated above it is a grey area. But, if the job duties are the same and the salary difference is too big (no one knows how much is acceptable without raising questions), then it brings into question if you are still performing the same duties. But basically, you have to make equal to or more than the LC.
2. I have used AC21 before. Have not done EAD renewal yet.
Have a question about point1. Most of larger corp employees who have been in the wait cycle 6-8 years, entered in this coprs at rather lower salaries compared to current day standards. Once inside, pending GC process, you do not get too much of raise or adjustments (2-5% - more of inflation adjustments every 1.5-2 years or so).
Going out of these positions, within similar technical positions, even at lower - rather conservative end of the current pay scale (on AC21-EAD) it is very easy to reach bracket closer to 40-50% higher. Converting to full time consultants, even in tighter market due to current economy; would actually mean closer to 60-70% difference. How do we handle this? Staying within large corp on FT basis does not make sense financially after all these years. Espcially when EB3 category PD doesn't show any sign of life.
If you have a good suggestion/solution please PM me.
Thanks
NS
PS. this entire rant is about people who have been in the same FT position without promotions and very minimal pay adjustments in large corporations - probably outside west cost. So please keep any and all flaming at my post in the context.
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fundo14
10-15 02:52 PM
I don't think it has anything to do with H1. I think its just a mistake on their part that they issued this to derivative instead of principal applicant. This is because they are asking for intended permanent employer letter and that terms of LC /I-140 is same. This seems typical of standard employment letter RFE that is issued to the principal applicant.
Is there a way you contact the IO to get confirmation if the RFE is for you or principal applicant? Do keep us updated on how your attorney plans to respond to this.
My Attorney is preparing the reply explaining my derivative applicant status, for all others docs like W2's, Tax returns etc. I am anyway submitting.
Is there a way you contact the IO to get confirmation if the RFE is for you or principal applicant? Do keep us updated on how your attorney plans to respond to this.
My Attorney is preparing the reply explaining my derivative applicant status, for all others docs like W2's, Tax returns etc. I am anyway submitting.
more...
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aarzoo
01-18 08:40 AM
Is the employer violating H1B requirements?? I understand legally H1B fees is the responsibility of the employer.
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lost_in_migration
11-08 02:05 PM
Why are number of I-485 less than number of I-130
I-130, Petition for Alien Relative
I-140, Immigrant Petition for Alien Worker
Both require a I-485 to adjust status
I-130, Petition for Alien Relative
I-140, Immigrant Petition for Alien Worker
Both require a I-485 to adjust status
more...
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Green06
08-24 11:02 AM
Keep cheking the link below. It is archive of Kathy's shows. EOD today or by tomorrow the show should be archived here.
http://wpr.org/webcasting/audioarchives_display.cfm?Code=dun
http://wpr.org/webcasting/audioarchives_display.cfm?Code=dun
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leo2606
07-29 01:09 PM
Old Pork Chops asked:
Has anyone heard of cases where immigration lawyers have successfully petitioned on behalf of parents of a US baby (way before the age of 18) to become GC holders or citizens?
But he didn't ask if the application is through Baby or Not (he just asked petitioned on behalf of parents of a US baby).
So I was just saying My application is filed in EB2 through my employment being parent of a US baby.I tried to be funny but I got red square for my reputation:(
Any way I would like to be out of this thread.
I did not understand your answer.
How come your 4 year old son apply in EB2 category and sponsor the parents. I know the application is for future employment. But this one is stretching too far? :)
Has anyone heard of cases where immigration lawyers have successfully petitioned on behalf of parents of a US baby (way before the age of 18) to become GC holders or citizens?
But he didn't ask if the application is through Baby or Not (he just asked petitioned on behalf of parents of a US baby).
So I was just saying My application is filed in EB2 through my employment being parent of a US baby.I tried to be funny but I got red square for my reputation:(
Any way I would like to be out of this thread.
I did not understand your answer.
How come your 4 year old son apply in EB2 category and sponsor the parents. I know the application is for future employment. But this one is stretching too far? :)
more...
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gveerab
02-23 01:18 AM
Hey Guys,
I am not sure about the status in 2009, but till the end of year 2008 I didn't face any problems. I used to travel at least once in a quarter to over seas during 2006,2007,2008 and almost all the times my POE is SFO. I never faced any problem, in fact entry in through SFO is like a automated process at vending machine or grocery store . Submit the form, copy of H1B and then give finger prints and smile for photo(if you have energy after long hours flight). Only question they used to ask is "are you bring any food items?"
One thing I observed is, if you confuse IOs by trying to give more information or giving more documents etc, you will be creating problems . Always I used to answer YES for the question "are you bringing any food?". Some IOs questioned about that and didn't bother to ask H1B related questions. This trick has been worked so far for me. I have all the documents and didn't have any problem with status, job etc. But still why you want to discuss more about those and create problems for yourself.
I heard one guy gave his AP document with H1B visa and requested the IO to consider only H1B. In this case IO didn't accept the H1B, as IO thought this guy has more advanced visa(in this case AP). These are the things we should be very careful, if you want to use your H1B, don't even talk about or show AP or any other documents.
Thanks,
Veera
I am not sure about the status in 2009, but till the end of year 2008 I didn't face any problems. I used to travel at least once in a quarter to over seas during 2006,2007,2008 and almost all the times my POE is SFO. I never faced any problem, in fact entry in through SFO is like a automated process at vending machine or grocery store . Submit the form, copy of H1B and then give finger prints and smile for photo(if you have energy after long hours flight). Only question they used to ask is "are you bring any food items?"
One thing I observed is, if you confuse IOs by trying to give more information or giving more documents etc, you will be creating problems . Always I used to answer YES for the question "are you bringing any food?". Some IOs questioned about that and didn't bother to ask H1B related questions. This trick has been worked so far for me. I have all the documents and didn't have any problem with status, job etc. But still why you want to discuss more about those and create problems for yourself.
I heard one guy gave his AP document with H1B visa and requested the IO to consider only H1B. In this case IO didn't accept the H1B, as IO thought this guy has more advanced visa(in this case AP). These are the things we should be very careful, if you want to use your H1B, don't even talk about or show AP or any other documents.
Thanks,
Veera
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perm2gc
08-28 10:34 AM
Guys i think we had enough discussion on it in the other thread..Admins can you please close the thread..
Some members are making personal remaks and i hope that admins will take care of them...
We all here for debating what is wrong and what is right for our cause ..Please dont disgrade yourself
Some members are making personal remaks and i hope that admins will take care of them...
We all here for debating what is wrong and what is right for our cause ..Please dont disgrade yourself
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gc_chahiye
12-10 11:35 AM
Hi All,
Just posting my experience of traveling on AP as a reference for others:
I traveled to Japan on a business visit with all 3 copies of my AP , and on return stood in the normal visitor line. When I came up to the officer, he said I should go to the "new immigrants" line, since only those officers have the necessary parole stamps.
In the other line, the officer said it was good that I brought all three copies, since they stamp all three, keep one original for themselves and return two back. The next time I travel, they will stamp the two I have, keep one and return one to me. After that, they will stamp the one original I have left, and make copies for themselves.
The officer did not ask any special questions, except which city I stay in, the rest of it was just chit-chat.
Simple process, no hassles.
Enjoy!
thanks for sharing the experience. One more question: which port-of-entry was this at? Interesting that it all completed at the main counter, many people ended up in secondary inspection when they used the AP.
Just posting my experience of traveling on AP as a reference for others:
I traveled to Japan on a business visit with all 3 copies of my AP , and on return stood in the normal visitor line. When I came up to the officer, he said I should go to the "new immigrants" line, since only those officers have the necessary parole stamps.
In the other line, the officer said it was good that I brought all three copies, since they stamp all three, keep one original for themselves and return two back. The next time I travel, they will stamp the two I have, keep one and return one to me. After that, they will stamp the one original I have left, and make copies for themselves.
The officer did not ask any special questions, except which city I stay in, the rest of it was just chit-chat.
Simple process, no hassles.
Enjoy!
thanks for sharing the experience. One more question: which port-of-entry was this at? Interesting that it all completed at the main counter, many people ended up in secondary inspection when they used the AP.
pappu
10-23 11:01 AM
Significance of Priority date???
PD is important to get your dates current faster. Earlier PD will get a better shot at being current early.
After your PD becomes current your 485s are assigned visa numbers (if your FP, namechecks and processing are done) GCs are allocated based on 3 important factors : Dates must be current, date the I485 was received (FIFO as per their SOP but factors like namechecks make it unfeasible) and country of chargeability. It is thus tough to review approval trends on tracker threads and sites because of small and incomplete data set and no info on factors that influence faster or slower I485 approvals.
Coming back to the country quota, I do not know how country quotas are allocated throughout the year. How overflow happens each month/quarter and how future demand is predicted each month for the entire year when providing visas to oversubscribed countries from the quota of under subscribed countries. This will be a good topic to research.
PD is important to get your dates current faster. Earlier PD will get a better shot at being current early.
After your PD becomes current your 485s are assigned visa numbers (if your FP, namechecks and processing are done) GCs are allocated based on 3 important factors : Dates must be current, date the I485 was received (FIFO as per their SOP but factors like namechecks make it unfeasible) and country of chargeability. It is thus tough to review approval trends on tracker threads and sites because of small and incomplete data set and no info on factors that influence faster or slower I485 approvals.
Coming back to the country quota, I do not know how country quotas are allocated throughout the year. How overflow happens each month/quarter and how future demand is predicted each month for the entire year when providing visas to oversubscribed countries from the quota of under subscribed countries. This will be a good topic to research.
Roger Binny
07-25 04:42 PM
No idea what to say, yes they have all rights but doesn't this never ends?
Or Are these cases rare ?
Some one entered into US legally in 2001, slogged(ing) 8 or more years for GC...so 2009..then 5 more years for citizen ship so 2014....with this news it looks like they need to keep up the paper work and employer contacts for 12 years, as well the family need to realize that their stay in US is temporary ???
Oh my god too much of reality.
Or Are these cases rare ?
Some one entered into US legally in 2001, slogged(ing) 8 or more years for GC...so 2009..then 5 more years for citizen ship so 2014....with this news it looks like they need to keep up the paper work and employer contacts for 12 years, as well the family need to realize that their stay in US is temporary ???
Oh my god too much of reality.
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