mkashif4
08-04 11:26 AM
My priority date Sept 5, 2006 is almost current and I am switching job to another company but similar job duties. From Sr. Systems Analyst to Sr. Business Systems Analyst. Should I file the AC21 now or wait till the RFE? If I wait and they approve my 485 without an RFE, then should I file AC21 at all?
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coolman
08-25 06:05 PM
I could not vote .My PD is Dec 2005
gc28262
04-14 09:26 PM
Thanks you all for the responses and help. We are searching for employers who can help me out in the situation. Most of them are thinking twice bcoz I am pregnant and have to take maternity leave within a 2- 3 weeks.
Which will be the good option for me in this situation H1 transfer or EAD? I have EAD in hand, but never used. I like to maintain the status of H1-B as long as time permits. My husband is going to get health information next week once he joined in the job.
It is safer to be on EAD when you are without job. You don't have to be working on EAD as long as you have a valid job offer at the time of I485 adjudication as GC is for a future job.
Even on H1B ,taking leave without pay during pregnancy does not cause you any status issue.
See the following link
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=a62bec897643f010VgnVCM1000000ecd190aRCR D&vgnextchannel=1847c9ee2f82b010VgnVCM10000045f3d6a1 RCRD
Q : Must an H-1B alien be working at all times?
As long as the employer/employee relationship exists, an H-1B alien is still in status. An H-1B alien may work in full or part-time employment and remain in status. An H-1B alien may also be on vacation, sick/maternity/paternity leave, on strike, or otherwise inactive without affecting his or her status.
Which will be the good option for me in this situation H1 transfer or EAD? I have EAD in hand, but never used. I like to maintain the status of H1-B as long as time permits. My husband is going to get health information next week once he joined in the job.
It is safer to be on EAD when you are without job. You don't have to be working on EAD as long as you have a valid job offer at the time of I485 adjudication as GC is for a future job.
Even on H1B ,taking leave without pay during pregnancy does not cause you any status issue.
See the following link
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=a62bec897643f010VgnVCM1000000ecd190aRCR D&vgnextchannel=1847c9ee2f82b010VgnVCM10000045f3d6a1 RCRD
Q : Must an H-1B alien be working at all times?
As long as the employer/employee relationship exists, an H-1B alien is still in status. An H-1B alien may work in full or part-time employment and remain in status. An H-1B alien may also be on vacation, sick/maternity/paternity leave, on strike, or otherwise inactive without affecting his or her status.
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Gravitation
01-23 10:00 AM
EB3 - ROW is already 01MAY05. He would not be saying 2004 for sure on EB3 ROW.
Good point. Eliminating that option, he must be talking about the year-end surge in EB3-I becasue he said that PD will become current briefly.
Good point. Eliminating that option, he must be talking about the year-end surge in EB3-I becasue he said that PD will become current briefly.
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qualified_trash
11-01 07:30 PM
I renewed my DL in NJ on Aug 31st 2006. The process is the same as in they will verify and give you the license right away. It took me 40 minutes as I went during rush hour.
ofcourse NJ licenses are until the validity on your Visa/I94.
ofcourse NJ licenses are until the validity on your Visa/I94.
terriblething
06-12 01:28 PM
Some correction. 2 witness, one is a neighbour in another building. We live in 3rd floor, that woman live in 3rd floor on another building, there is one driveway between 2 building! Another witness is from leasing office staff, she claimed just near that area. That "help" is from that damn staff.
We only move to this apartment in 2 ~3 month, and both of us biz traveled lot, so don't think we bother neighbor much. And one of neighbor knew our miserable experience, he and his wife said would volunteer to support us in court if necessary.
Thanks!!!!!
YOu are right, it would be "STATE" Vs terriblething. I wonder, why the neighbour gave "false" statement of hearing "help!...."?
Terriblething, looks like you were not in good terms with your neighbours or must have pissed them off in one way or other.
GCCovet
We only move to this apartment in 2 ~3 month, and both of us biz traveled lot, so don't think we bother neighbor much. And one of neighbor knew our miserable experience, he and his wife said would volunteer to support us in court if necessary.
Thanks!!!!!
YOu are right, it would be "STATE" Vs terriblething. I wonder, why the neighbour gave "false" statement of hearing "help!...."?
Terriblething, looks like you were not in good terms with your neighbours or must have pissed them off in one way or other.
GCCovet
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needhelp!
05-30 01:38 AM
I just watched the piece on Spelling Bee by Jimmy Falon on Late Night.. seems like they went all out to "encourage" Tim Ruiter for next year, because he is "origin Virginia". Did any of you guys watch this?
Aren't all the kids American kids?
Aren't all the kids American kids?
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dixie
07-22 01:41 PM
You will never be as good!!!
Life is different, if you are not a tourist. Try working with them day in day out. And I m talking about Toronto.
Experiences of friends says - blue collar, jobs that Canadian do not want to do you, you are more than welcome.
But dont ever try to get a White collar job... And if you want to - work as Software engineer - and forget of any career development....
Again -
http://www.notcanada.com
http://www.canadaimmigrants.com
My company has offices in both canada(toronto and vancouver) and US .. i have worked for extended periods of time in canada. I agree that career development oppourtunities are limited due to economic reasons, but I there is no way toronto or vancouver can be considered "racist". And talking of high skilled workers, who said there is absolutely no discrimination in the US ? Isnt that what programmers guild and other labor unions are all about ? how come so many people support the blue collar illegal aliens (mostly meat-packers and lettuce pickers), but nobody cares about us, tax-paying, law-abiding highly skilled people ?
The difference is at least the canadian immigration policy doesnt institutionalize the discrimination by making us wait in limbo forever, unlike the US laws. At the end of the day, I would rather live with "limited career development" opportunity in canada and change employers at will than be surrounded by plenty of such opportunity but have my hands tied behind my back by the US laws.
As for "discrimination", we as immigrants always will have to bear with some discrimination,subtle or overt, from the native-born white collar workers whether in the US or anywhere else in the developed world. Our home country is the only one where you can expect to go and join the workforce without discrimination.
Life is different, if you are not a tourist. Try working with them day in day out. And I m talking about Toronto.
Experiences of friends says - blue collar, jobs that Canadian do not want to do you, you are more than welcome.
But dont ever try to get a White collar job... And if you want to - work as Software engineer - and forget of any career development....
Again -
http://www.notcanada.com
http://www.canadaimmigrants.com
My company has offices in both canada(toronto and vancouver) and US .. i have worked for extended periods of time in canada. I agree that career development oppourtunities are limited due to economic reasons, but I there is no way toronto or vancouver can be considered "racist". And talking of high skilled workers, who said there is absolutely no discrimination in the US ? Isnt that what programmers guild and other labor unions are all about ? how come so many people support the blue collar illegal aliens (mostly meat-packers and lettuce pickers), but nobody cares about us, tax-paying, law-abiding highly skilled people ?
The difference is at least the canadian immigration policy doesnt institutionalize the discrimination by making us wait in limbo forever, unlike the US laws. At the end of the day, I would rather live with "limited career development" opportunity in canada and change employers at will than be surrounded by plenty of such opportunity but have my hands tied behind my back by the US laws.
As for "discrimination", we as immigrants always will have to bear with some discrimination,subtle or overt, from the native-born white collar workers whether in the US or anywhere else in the developed world. Our home country is the only one where you can expect to go and join the workforce without discrimination.
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lelica32
05-22 11:56 AM
I cannot open the processing times site. Can be that they change samething, or my computer didn't work.
Can someone proof please.
Server is currently unavailable or down for maintenance
Can someone proof please.
Server is currently unavailable or down for maintenance
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kondur_007
02-22 08:29 PM
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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paskal
12-17 03:22 PM
I believe congratulations are in order if I am not mistaken.
Congrats! nashorn for your approved EB1
Good luck.
if this true congratulations are in order!
it's great...enjoy it! :)
Congrats! nashorn for your approved EB1
Good luck.
if this true congratulations are in order!
it's great...enjoy it! :)
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getgreensoon1
04-20 12:04 PM
My advice to most people who do not perfectly fit into eb2 is to do the eb3 petition first (which is guaranteed to be approved). Get your place in line for the greencard.
Good suggestion.
If it is taking too long then you can try an eb2 later; if it gets approved then you will get the old priority date. If it doesn't; well you can say you tried but you didn't lost your place in line for the greencard because you still have the old eb3 in place.
As if the porting rules are going to stay the same. There are many things legit eb2 people are doing that will make this bogus porting impossible.
However, if your cases is not clear for eb2 and you try this first and it gets denied then you will lose valuable time in line for the greencard because you have to start from the beginning.
Since, last august DOL has become weird with even approving eb3 labors. Generally, attornies will put language in the eta 9089 that they will accept three years of experience for each year of bachelors degree missing (this is in line with education evaluators and uscis).
These days USCIS is trying to stick to the rules, so all people who are trying to beat the system by using wrong credentials are getting stuck. Lawyers have nothing to lose, they will make more money from you.....one from your eb3 application and two from your high risk eb2 application which will eventually be rejected.
However, this isn't the same criteria DOL uses. They will state that if a person doesn't have a degree then you are willing to accept 12 years of experience which is excessive and they deny the labor (before they were giving hard time to eb2 but not it is eb3 that they are after). So now we have an issue that DOL criteria is different then uscis critera. You use dol criteria, labor gets approved but 140 gets denied. Use uscis criteria and labor gets denied.
Now, everyone has to adjust and file eb3 labors as skilled workers and only require two years of experience (it's getting more and more messy)
I did not know unskilled workers can file for greencards in EB3. I think things are getting better and USCIS is now trying to stick to the rules.
Good suggestion.
If it is taking too long then you can try an eb2 later; if it gets approved then you will get the old priority date. If it doesn't; well you can say you tried but you didn't lost your place in line for the greencard because you still have the old eb3 in place.
As if the porting rules are going to stay the same. There are many things legit eb2 people are doing that will make this bogus porting impossible.
However, if your cases is not clear for eb2 and you try this first and it gets denied then you will lose valuable time in line for the greencard because you have to start from the beginning.
Since, last august DOL has become weird with even approving eb3 labors. Generally, attornies will put language in the eta 9089 that they will accept three years of experience for each year of bachelors degree missing (this is in line with education evaluators and uscis).
These days USCIS is trying to stick to the rules, so all people who are trying to beat the system by using wrong credentials are getting stuck. Lawyers have nothing to lose, they will make more money from you.....one from your eb3 application and two from your high risk eb2 application which will eventually be rejected.
However, this isn't the same criteria DOL uses. They will state that if a person doesn't have a degree then you are willing to accept 12 years of experience which is excessive and they deny the labor (before they were giving hard time to eb2 but not it is eb3 that they are after). So now we have an issue that DOL criteria is different then uscis critera. You use dol criteria, labor gets approved but 140 gets denied. Use uscis criteria and labor gets denied.
Now, everyone has to adjust and file eb3 labors as skilled workers and only require two years of experience (it's getting more and more messy)
I did not know unskilled workers can file for greencards in EB3. I think things are getting better and USCIS is now trying to stick to the rules.
more...
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Leo07
05-21 01:32 PM
The part I disagree is this:"What will students get out of it? Their Green cards are not stuck? Are you offering them H1B visa that they desperately want? They do not care about Green cards. They only care for scholarship, a job after graduation and H1B sponsorship from the employer. You are offering nothing from this list.
People whose green cards are stuck should come rather than outsourcing to students?"
IMO, we all are in the same path, some ahead of others, but basically belong to the same larger SET. Some of us have faced the problems that students are facing now, and in all likelihood these students will face the same problems that we are facing now. More personally though, I always think, if only I knew more about the GC process back when I was in school( 12 years ago), I'd have been much better now.
If we start digging a well every time we are thirsty it takes forever to get anything done. To give a 4 letter word why students must participate-(not what you think, dirty minds:)) STEM
What will students get out of it? Their Green cards are not stuck? Are you offering them H1B visa that they desperately want? They do not care about Green cards. They only care for scholarship, a job after graduation and H1B sponsorship from the employer. You are offering nothing from this list.
People whose green cards are stuck should come rather than outsourcing to students?
If we cannot help ourselves and stand up for ourselves, nobody else would.
I am trying to take at least a day off from work. I would lose money from my wages if I take day off but I am ready to lose money for the sake of doing something good for myself and family. Others who are sitting on their armchairs should also consider coming to DC if they want their greencards.
People whose green cards are stuck should come rather than outsourcing to students?"
IMO, we all are in the same path, some ahead of others, but basically belong to the same larger SET. Some of us have faced the problems that students are facing now, and in all likelihood these students will face the same problems that we are facing now. More personally though, I always think, if only I knew more about the GC process back when I was in school( 12 years ago), I'd have been much better now.
If we start digging a well every time we are thirsty it takes forever to get anything done. To give a 4 letter word why students must participate-(not what you think, dirty minds:)) STEM
What will students get out of it? Their Green cards are not stuck? Are you offering them H1B visa that they desperately want? They do not care about Green cards. They only care for scholarship, a job after graduation and H1B sponsorship from the employer. You are offering nothing from this list.
People whose green cards are stuck should come rather than outsourcing to students?
If we cannot help ourselves and stand up for ourselves, nobody else would.
I am trying to take at least a day off from work. I would lose money from my wages if I take day off but I am ready to lose money for the sake of doing something good for myself and family. Others who are sitting on their armchairs should also consider coming to DC if they want their greencards.
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gcisadawg
01-14 09:26 PM
Crazy,
I am with you. I ugree with you.
I have been vaiting for nearly 6 ears now to get my GC and I vill have no issue to ubandon it and re-apply in this kategory. What an apportunity.
Buy the vay how long have you been in Umerica. The poynt based cystum is stupid, it gibes independence to upplicants. uver lagic is really grate.
Based on what crazy said in his/her post, seems like you wont be getting your GC under the new system. :D
I am with you. I ugree with you.
I have been vaiting for nearly 6 ears now to get my GC and I vill have no issue to ubandon it and re-apply in this kategory. What an apportunity.
Buy the vay how long have you been in Umerica. The poynt based cystum is stupid, it gibes independence to upplicants. uver lagic is really grate.
Based on what crazy said in his/her post, seems like you wont be getting your GC under the new system. :D
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NKR
01-15 11:41 AM
Sanju, I agree. One of the news papers went a step further and their headline read "Satyam's employee shot dead in US". Shameless people, they are trying to cash in on this incident by linking with another sensational incident...
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pbojja
05-21 04:32 PM
My I140 is pending at TSC from Apr 2007. No RFE. Called the CS and opened an SR in jan 08 and i got the standard reply. My Attorney opened another SR in May. Hoping to get some information on my case from TSC this time
I think all these processing times are unreal and who knows how they process these cases (may be GOD)
You are right , Its like a lottory now . I know a freind who applied in August 07got his 140 approved ...
How about forming a group whose dates are beyond processing times and send them to Ombudsman ... Problem with this is no one particaptes hoping next month my case will be approved ... I think only choice is praying to God so CIS can find our files
I think all these processing times are unreal and who knows how they process these cases (may be GOD)
You are right , Its like a lottory now . I know a freind who applied in August 07got his 140 approved ...
How about forming a group whose dates are beyond processing times and send them to Ombudsman ... Problem with this is no one particaptes hoping next month my case will be approved ... I think only choice is praying to God so CIS can find our files
more...
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GCNirvana007
08-24 04:09 PM
Are there any transfered cases which got approved? I am yet to see one. My service center is TSC but my case starts with WAC as it was sent to Calif for data uploading ...my bad luck...I will be current next month but i doubt any transfered cases will get approved...
just fell thru the cracks....anyway good luck for those who are straight forward cases (if there are any)
SoP
Your case might just be a coincidence unless we have lot of transferred cases not being approved. Speaking of which we see this handle Visual whose PD is Jan 03.
If transferred case is the road block, you guys have a strong case to raise, even legal action.
just fell thru the cracks....anyway good luck for those who are straight forward cases (if there are any)
SoP
Your case might just be a coincidence unless we have lot of transferred cases not being approved. Speaking of which we see this handle Visual whose PD is Jan 03.
If transferred case is the road block, you guys have a strong case to raise, even legal action.
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amitjoey
08-19 11:04 AM
There are no bills being discussed. House as well as senate are on recess and will convine after Sept 10th. After it reconvenes, between 10th sept and Oct 8th - it has a lot of tasks at hand, and no apetite for any big and controversial issues like immigration. Mid term elections are in early nov and nobody wants controversial bills debated just before that. Morover it has been made clear that GOP does not want any immigration bills except "fencing the border". Democrats do not have required votes for cloture.
So, nothing is going to happen on the immigration front- legislatively untill after nov elections. Attitudes towards this issue will change and more GOP Lawmakers wil favor talking about this after. It will be a different ball-game depending on who keeps the majority. In the lame-duck there might be a chance.
August/Labor Day Recess
House - August 9 – September 12
Senate August 9 – September 10
Target Adjournment:
House - October 8
Senate - TBD
So, between now and the lame-duck session, if we can educate lawmakers- especially now- since they are comming back home and to their constituents in the recess. Most of them have town-hall meetings arranged and want to hear from their constituents. It will be good to make ourselves visible and heard.
So, nothing is going to happen on the immigration front- legislatively untill after nov elections. Attitudes towards this issue will change and more GOP Lawmakers wil favor talking about this after. It will be a different ball-game depending on who keeps the majority. In the lame-duck there might be a chance.
August/Labor Day Recess
House - August 9 – September 12
Senate August 9 – September 10
Target Adjournment:
House - October 8
Senate - TBD
So, between now and the lame-duck session, if we can educate lawmakers- especially now- since they are comming back home and to their constituents in the recess. Most of them have town-hall meetings arranged and want to hear from their constituents. It will be good to make ourselves visible and heard.
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boreal
10-10 10:12 PM
I hope it does some good to you and makes your PD current/closer so that you dont eat/sleep/drink VB. C mon man... There are other things you can do. Dont get offended by what I am saying. If your PD is closer, I can understand your excitement. But a lot of people are just killing time in forums by working their ass off on predictions and call it comic relief. I hope IV core members stop encouraging this kind of behavior.
Oh God! Take a break buddy. Why does everything have to end with - "please close this thread" or "hope someone closes this thread.." If you dont like to read something, just ignore the thread..dont show off the two feet inside the big mouth!!
Oh God! Take a break buddy. Why does everything have to end with - "please close this thread" or "hope someone closes this thread.." If you dont like to read something, just ignore the thread..dont show off the two feet inside the big mouth!!
go_guy123
01-15 11:02 AM
5 for legals and 10 for illegals.
That's the only fair thing to do, for us suckers as well as for the illegals. And the lawmakers anyway have to create the perception that illegals are being "punished" in some form (In this case, by having a greater number of years)
The other option is to state, that they can apply but they wont get processed (approved) until all the other applicants in the legal categories are processed first. Given the size of the illegal community, they will start pushing the USCIS through their morchas, etc to process faster and the legals can benefit as a result.
If the amnesty bill passes, you are better off pointing immigration violation and perhaps tearing you passport and claiming being illegal
That's the only fair thing to do, for us suckers as well as for the illegals. And the lawmakers anyway have to create the perception that illegals are being "punished" in some form (In this case, by having a greater number of years)
The other option is to state, that they can apply but they wont get processed (approved) until all the other applicants in the legal categories are processed first. Given the size of the illegal community, they will start pushing the USCIS through their morchas, etc to process faster and the legals can benefit as a result.
If the amnesty bill passes, you are better off pointing immigration violation and perhaps tearing you passport and claiming being illegal
franklin
09-25 07:25 PM
I love how the majority of these "new" ideas are coming from people who didn't attend either rallies!
Good to see we have sparked some forward motion with more people becoming engaged
In reality, a few of the suggestions were carried out both in San Jose and in DC.
Good to see we have sparked some forward motion with more people becoming engaged
In reality, a few of the suggestions were carried out both in San Jose and in DC.