dartkid31
05-17 11:30 PM
That is true. This thing called "special handling" in common parlance is, thank god, not a hot topic of discussion. I hope this clause doesn't get weeded out given the current scenario where they have killed F4. I really wonder if "highly skilled" legal immigrants would ultimately get any benefit out of this bill. Limboland is where many people are - and at the end of the day you still get to live in Limboland and become its citizens by default.
My two cents! :( :(
The original language that was in CIR would exempt from the quota STEM graduates who have worked for 3 years, under the F 4 provision. More importantly, it allows for self petitioning and adjustment of status following a $2000 fee. If this amendment passes, all that would be gone, and simply replaced with the exemption that was already in the original bill. Again I'm puzzled: why are we supporting this amendment?
My two cents! :( :(
The original language that was in CIR would exempt from the quota STEM graduates who have worked for 3 years, under the F 4 provision. More importantly, it allows for self petitioning and adjustment of status following a $2000 fee. If this amendment passes, all that would be gone, and simply replaced with the exemption that was already in the original bill. Again I'm puzzled: why are we supporting this amendment?
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lvinaykumar
08-15 07:54 PM
good luck with your green...
binadh
07-09 02:24 PM
OK. Thanks for your advise. I guess I can not do much about this. I'll try to butter him up to get what he promised. We'll see. Thanks.
Don't let your emotions cloud your judgment.
Don't let your emotions cloud your judgment.
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Prashanthi
06-29 01:28 PM
I have questions on the facts of your case, you say that a recruiter signed a contract on your behalf?, how is that possible?, the contract would then be between the recruiter and your employer, unless you signed a separate contract with the recruiter agreeing to certain terms and conditions, also it is not clear if your recruiter is in the US or in Phillipines, many other aspects are not very clear. Therefore i gave you a general response as to what happens in these situations, if you need a more specific response to your questions, i suggest that you consult an attorney over the phone or in person, it would make more sense to look at the contract in question and then give you advice on your problem.
more...
punjabi77
08-08 10:11 AM
Calgirl,
In my case, i was told to wait for 90 days from the date EAD was filed. USCIS did not help me. So After more than 90 days. i called Senator office. Within a week or so they sent me a letter saying that they have contacted the TSC office and they will let me know when they hear from them.
Then in about another month, they sent me letter, which in turn had a reply from TSC office, saying that my application is pending due to background check (something like that).
So then i came to know what is wrong with my application. Mind it, i am talking about my EAD, 485 is still out of picture. Now every senator has an Immigration department and the person in that dpt follows-up with individual cases. Even TSC offices take some time to respond to Senator office's email. But atleast they have to respond back. If we call, they just give us a hard time.
In my case, i was told to wait for 90 days from the date EAD was filed. USCIS did not help me. So After more than 90 days. i called Senator office. Within a week or so they sent me a letter saying that they have contacted the TSC office and they will let me know when they hear from them.
Then in about another month, they sent me letter, which in turn had a reply from TSC office, saying that my application is pending due to background check (something like that).
So then i came to know what is wrong with my application. Mind it, i am talking about my EAD, 485 is still out of picture. Now every senator has an Immigration department and the person in that dpt follows-up with individual cases. Even TSC offices take some time to respond to Senator office's email. But atleast they have to respond back. If we call, they just give us a hard time.
vdlrao
06-01 09:26 PM
labor certificate for gc application and LCA for H1 are two different things. labor certificate for gc application is for a future job and employer is certifying that they will pay you per gc labor certificate once you get your gc and has nothing to do with h1 LCA.
really good information.
really good information.
more...
immi_seeker
04-06 12:10 AM
Bump.
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reachinus
09-26 01:52 PM
I think you are already late. You should have done all you can, like meeting the senator, writing to uscis, infopass appt, as soon as you PD was current. Now the Visa numbers are over for the FY 2010. You may get lucky in October when new visa number are available. Hope this helps.
Hello,
The 485 applications for me and wife are still being processed by USCIS in Los Angeles. My priority date (August 1, 2005) became current almost 3 months ago.
We have waited patiently since the priority date became current. There has been no movement except that they wanted to fingerprint us again, which we completed 2 months ago. My lawyer says he put in two referral inquiries but of no avail.
I have already obtained InfoPass for a couple of weeks from now. I will go and check in with the USCIS office here in LA.
1. What should my next steps be? Write to my senator? Or should I wait until after the InfoPass appointment
2. Am I pushing too hard on USCIS? Is it that they are simply backlogged? Should I just wait more?
I am concerned that the dates will retrogress again. Any advice or comments will be helpful.
Thanks,
SR
Hello,
The 485 applications for me and wife are still being processed by USCIS in Los Angeles. My priority date (August 1, 2005) became current almost 3 months ago.
We have waited patiently since the priority date became current. There has been no movement except that they wanted to fingerprint us again, which we completed 2 months ago. My lawyer says he put in two referral inquiries but of no avail.
I have already obtained InfoPass for a couple of weeks from now. I will go and check in with the USCIS office here in LA.
1. What should my next steps be? Write to my senator? Or should I wait until after the InfoPass appointment
2. Am I pushing too hard on USCIS? Is it that they are simply backlogged? Should I just wait more?
I am concerned that the dates will retrogress again. Any advice or comments will be helpful.
Thanks,
SR
more...
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madhu345
03-14 07:09 AM
From my experince you can earn referral fees but you have to file your taxes for that amount, send me PM if you need any further details.
-Madhu
I hope someone out there in a similar situation can help me out.
I have given my real estate agent several referrals and for each I receive a cash amount. I'm on an H1B visa, am I able to receive income from someone other than my employer?
I've searched the web and have been able to find out that this should be reported as taxable income, I'm just not sure if I can receive it due to my immigration status.
Any comments or tips are welcome.
-Madhu
I hope someone out there in a similar situation can help me out.
I have given my real estate agent several referrals and for each I receive a cash amount. I'm on an H1B visa, am I able to receive income from someone other than my employer?
I've searched the web and have been able to find out that this should be reported as taxable income, I'm just not sure if I can receive it due to my immigration status.
Any comments or tips are welcome.
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mrdelhiite
07-20 10:09 AM
I am a July fiasco survivor. My 485 has been filed through AOS, so no worries there. I was supposed to get married in a few months, but my fiancee has rushed down to the US on her tourist visa. The plan was to get a civil marriage certificate done and have her atach her AOS with mine. Lawyer has now informed me that she needs to stay here till she gets AP otherwise the application is considered 'abandoned'. She has a life in her home country that she needs to get back to, She can't just drop everything and park herself here for the 4-6 months that AP is likelt to take for July applicants. Does anyone have any advice, or a similar situation? As I see it, my options are -
1. File AOS for her and let her leave, and take the chance that they will track her departure and cancel her application. If this happens, is she allowed to refile if the PD becomes current later?
2. Rush out of the US with her to get her back in on H4 visa. Challenge here is that it is near impossible to get an appointment at a US consulate before the 17th Aug window closes.
3. File her application through CP. She doesn't get interim benefits that way. Given my PD of EB3-June 2006, I'm not expecting a GC for at least 3 years, so this option really sucks.
Any suggestions from the community out there?
""""2. Rush out of the US with her to get her back in on H4 visa. Challenge here is that it is near impossible to get an appointment at a US consulate before the 17th Aug window closes.""" --> FYI delhi still has August 3 onwards visa dates
1. File AOS for her and let her leave, and take the chance that they will track her departure and cancel her application. If this happens, is she allowed to refile if the PD becomes current later?
2. Rush out of the US with her to get her back in on H4 visa. Challenge here is that it is near impossible to get an appointment at a US consulate before the 17th Aug window closes.
3. File her application through CP. She doesn't get interim benefits that way. Given my PD of EB3-June 2006, I'm not expecting a GC for at least 3 years, so this option really sucks.
Any suggestions from the community out there?
""""2. Rush out of the US with her to get her back in on H4 visa. Challenge here is that it is near impossible to get an appointment at a US consulate before the 17th Aug window closes.""" --> FYI delhi still has August 3 onwards visa dates
more...
arunmohan
02-04 06:25 PM
Lets meet up on the weekend in a park or something, we can do the potluck. It will be an open place , so no restriction or shortage of space if there are a lot of people. Would be a good social networking and also the meeting as well.
I am open to all the suggestions. I am pretty new to the website, can administrator provide the list, that can be used to communicate
Thanks
I am in. It is a very good idea, this way we will have a family gathering, networking and planning for next step. How about Feb 14, 2009? I know a very good park in Chandler. If someone else suggest a park, please let us know.
I will drive from Tucson. I sent you a PM too.
I am open to all the suggestions. I am pretty new to the website, can administrator provide the list, that can be used to communicate
Thanks
I am in. It is a very good idea, this way we will have a family gathering, networking and planning for next step. How about Feb 14, 2009? I know a very good park in Chandler. If someone else suggest a park, please let us know.
I will drive from Tucson. I sent you a PM too.
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ufo2002
09-05 06:12 PM
Dems getting the house and improve our situation? Doubt it.
Does anyone remember what Ted Kennedy said about us legal migrants?
He said we don't have the same issues with the illegals regarding coming into
this country.
And what about Diane Feinstein? She's pro-agriculture and anti-IT.
Remember: Republicans are a party with bad ideas, Dems are a party with no ideas.
Reps: "We got a really bad idea!"
Dems: "We can make it sh*ttier!"
Does anyone remember what Ted Kennedy said about us legal migrants?
He said we don't have the same issues with the illegals regarding coming into
this country.
And what about Diane Feinstein? She's pro-agriculture and anti-IT.
Remember: Republicans are a party with bad ideas, Dems are a party with no ideas.
Reps: "We got a really bad idea!"
Dems: "We can make it sh*ttier!"
more...
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pappu
01-24 11:47 AM
If there is going to be any more discussion on if IV should push for 485 or not push, moderators will close the threads. There has been enough discussion and arguements in the past over this and members are more than willing to give hundreds of ideas and opinions for free but only a few actually care to implement them or help IV with a mere $20. If you want to discuss it, go to other forums and discuss it and be an armchair strategist.
If you have ideas and want to implement them, join your local chapter and get active. Contribute in the funding drive so that IV can continue to be a platform for everyone in ths struggle.
If you have ideas and want to implement them, join your local chapter and get active. Contribute in the funding drive so that IV can continue to be a platform for everyone in ths struggle.
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vxb2004
10-04 09:08 PM
Thanks for this valuable piece of information.
more...
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sam_hoosier
03-26 10:18 AM
I am hoping to travel via emirates to bangalore..I have avoided other airlines due to transit visa issues...any experince using Emirates??.
I have traveled on Emirates to Chennai a couple of times but that was via London. Emirates is definitely among the top 5 airlines in the world in terms of customer service. Nice & comfirtable seats, great food, transit at Dubai was a breeze. Would definitely recommend :)
I have traveled on Emirates to Chennai a couple of times but that was via London. Emirates is definitely among the top 5 airlines in the world in terms of customer service. Nice & comfirtable seats, great food, transit at Dubai was a breeze. Would definitely recommend :)
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needhelp!
03-16 02:50 PM
I got this letter from USCIS last week, but wasn't aware of this action item. I hope it's not too late.
Thnaks!
Please fax/email if any of you get the responses.
Thnaks!
Please fax/email if any of you get the responses.
more...
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ramnadhan
12-13 04:49 PM
January 2008 Visa Bulletin and Predicament of Unmarried Indian EB-2
India has a tradition of family match-making marriage that more or less determines the timing of a marriage for a single person. When the EB visa numbers were open a few months ago, the unmarried single EB-2 worried about premature approval of their I-485 applications before they would have married and often talked about the way to delay approval of I-485 applications until they would marry. The January 2008 Visa Bulletin and the State Department prediction for the EB availability in coming months have removed such worry from these Indian professionals. However, in an unanticpated twist and irony of the development, they will instead face a different problem, to wit, their future spouses may not be able to apply for a following-to-join derivative EB immigrant visa benefits for a long time. Considering the amount of time the future spouse will have to wait to file for the immigrant benefits, it may be important for these EB-2 Indian professional to take at least two actions. These unmarried Indians have maintained a H-1B status to bring their future spouses in a H-4 visa status so that they are not separated after they marry. This strategy will become more real and critically important, meaning that they should keep staying on a H-1B status and not using EAD and AP. If they returned using AP, they may at some point of time, reinstate their H-1B status before their H-1B validity runs out. The other action which they should take is to file concurrent EB-2 and EB-3 I-140 petitions using the same EB-2 labor certification. Since the EB-3 is more favorable or at least will have a cut-off date rather than "unavailable," in certain situation they may maneuver the immigration rules that permit transfer of pending I-485 applications between EB-2 and EB-3 during the period when the visa numbers remain current for him/her. Such maneuver may at least allow the spouse to file I-485/EAD/AP. When EB-2 becomes more favorable, they may have to transfer the I-485 applications back to EB-2 petition. This maneuver is not a good option for everyone as it will require a log of juggling. However, some earlier priority date EB-2 Indians may dare to venture such juggling because of their unique circumstances that require filing of I-485 application for the spouse. It is something to think about and people should seek legal counsel.
I hope this info useful for our fellow members.
Thanks,
Ram
India has a tradition of family match-making marriage that more or less determines the timing of a marriage for a single person. When the EB visa numbers were open a few months ago, the unmarried single EB-2 worried about premature approval of their I-485 applications before they would have married and often talked about the way to delay approval of I-485 applications until they would marry. The January 2008 Visa Bulletin and the State Department prediction for the EB availability in coming months have removed such worry from these Indian professionals. However, in an unanticpated twist and irony of the development, they will instead face a different problem, to wit, their future spouses may not be able to apply for a following-to-join derivative EB immigrant visa benefits for a long time. Considering the amount of time the future spouse will have to wait to file for the immigrant benefits, it may be important for these EB-2 Indian professional to take at least two actions. These unmarried Indians have maintained a H-1B status to bring their future spouses in a H-4 visa status so that they are not separated after they marry. This strategy will become more real and critically important, meaning that they should keep staying on a H-1B status and not using EAD and AP. If they returned using AP, they may at some point of time, reinstate their H-1B status before their H-1B validity runs out. The other action which they should take is to file concurrent EB-2 and EB-3 I-140 petitions using the same EB-2 labor certification. Since the EB-3 is more favorable or at least will have a cut-off date rather than "unavailable," in certain situation they may maneuver the immigration rules that permit transfer of pending I-485 applications between EB-2 and EB-3 during the period when the visa numbers remain current for him/her. Such maneuver may at least allow the spouse to file I-485/EAD/AP. When EB-2 becomes more favorable, they may have to transfer the I-485 applications back to EB-2 petition. This maneuver is not a good option for everyone as it will require a log of juggling. However, some earlier priority date EB-2 Indians may dare to venture such juggling because of their unique circumstances that require filing of I-485 application for the spouse. It is something to think about and people should seek legal counsel.
I hope this info useful for our fellow members.
Thanks,
Ram
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greencardfever5
08-23 07:56 PM
I am working as an industrial engineer since 2006. My labor certification approved in 2006 mentioned job title of industrial engineer (SOC Code- 17:2112), My I485 is pending since 2007, I have also kept H1B status alive, six years will expire in dec however current I-797 for H1B is valid till June 2011.
I may get promoted to an engineering manager position in next few weeks. I have few questions related �Promotion while I485 pending issue�.
1. Is the change from engineer to engineering manager allowed? If I guess correctly USCIS will take guidance from SOC codes 17:2112 (ENGINEER) and 11.9041(for manager)
a. Can one work as an engineer (SOC code 17:2112) and supervise junior engineers. Does USCIS assume that a person is a manager if engineers are reporting to an individual? On the other hand in some cases I have seen managers without anybody reporting to them.
2. If I can fulfill my employer�s expectation by accepting ENGINEER V position instead of engineering manager, will that be an option? (Few engineers will be reporting to me in either option).
a. I am positive that I will be able to fulfill my boss�s expectations in either position.
b. Can I accept the promotion immediately or employer will have to seek some sort of approval from USCIS?
3. If for some reason, employer can not give me a job title of Engineering V, Can I accept Engineering Manager�s position till my I-485 is pending and go back to Engineer V position upon I-485 approval, I read that in such cases, one needs to go back to original position mentioned in labor certification I-140 for six months upon I-485 approval? In this case how we will handle extension of my H1B petition which expires in 2011?
4. Can I accept position of Engineering Manager assuming that employer will issue an employment verification letter with a description similar to labor certification (if USCIS issues RFE for any other underlying reason)?
5. If for some reasons above options are ruled out, Can I accept promotion as a Manager assuming employer can submit new I-140 ( I guess this will be starting green card process all over) .Definitely this is the least preferred option considering current processing time and relative ease in searching a job for my wife ( through EAD).
In this case
a. What will be the priority date?
b. Can I and my spouse maintain the EAD card?
6. As the I485 is for future job, Can I work at engineering manager position till I receive RFE or I485 is approved
a. In case of RFE USCIS typically gives 15 to 45 days to respond, Can I change my position during that time i.e. switching back to the position mentioned in labor and I485
b. Upon I485 approval, can I go back to original position for few months (how much is that required period, is it six months?). I might have to take salary cut in the case; can I informally lead the team in that case?
c. I guess my interpretation is that what you do when I485 is pending does not matter as long as you switch back to the original position upon I485 approval.
Thanking you in anticipation.
I may get promoted to an engineering manager position in next few weeks. I have few questions related �Promotion while I485 pending issue�.
1. Is the change from engineer to engineering manager allowed? If I guess correctly USCIS will take guidance from SOC codes 17:2112 (ENGINEER) and 11.9041(for manager)
a. Can one work as an engineer (SOC code 17:2112) and supervise junior engineers. Does USCIS assume that a person is a manager if engineers are reporting to an individual? On the other hand in some cases I have seen managers without anybody reporting to them.
2. If I can fulfill my employer�s expectation by accepting ENGINEER V position instead of engineering manager, will that be an option? (Few engineers will be reporting to me in either option).
a. I am positive that I will be able to fulfill my boss�s expectations in either position.
b. Can I accept the promotion immediately or employer will have to seek some sort of approval from USCIS?
3. If for some reason, employer can not give me a job title of Engineering V, Can I accept Engineering Manager�s position till my I-485 is pending and go back to Engineer V position upon I-485 approval, I read that in such cases, one needs to go back to original position mentioned in labor certification I-140 for six months upon I-485 approval? In this case how we will handle extension of my H1B petition which expires in 2011?
4. Can I accept position of Engineering Manager assuming that employer will issue an employment verification letter with a description similar to labor certification (if USCIS issues RFE for any other underlying reason)?
5. If for some reasons above options are ruled out, Can I accept promotion as a Manager assuming employer can submit new I-140 ( I guess this will be starting green card process all over) .Definitely this is the least preferred option considering current processing time and relative ease in searching a job for my wife ( through EAD).
In this case
a. What will be the priority date?
b. Can I and my spouse maintain the EAD card?
6. As the I485 is for future job, Can I work at engineering manager position till I receive RFE or I485 is approved
a. In case of RFE USCIS typically gives 15 to 45 days to respond, Can I change my position during that time i.e. switching back to the position mentioned in labor and I485
b. Upon I485 approval, can I go back to original position for few months (how much is that required period, is it six months?). I might have to take salary cut in the case; can I informally lead the team in that case?
c. I guess my interpretation is that what you do when I485 is pending does not matter as long as you switch back to the original position upon I485 approval.
Thanking you in anticipation.
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kisana
04-11 04:27 PM
Can any one who has used e-file , please advice for my last two questions.
thescadaman
07-26 08:40 PM
I used your website to search "USPS Express" and I got the answer I needed very quickly. Thanks for the website..
For everyones else benefit...
for cases that has to be filed by overnight courier that is by the USPS Express Mail the center will only pick up mails from the U.S Postal Service once a day and in the morning. Therefore any mail that is not picked up in the morning will be picked only the following day and is given a next day receipt date.
link
http://www.immigration.com/fromtheagency/nsc112006.html
For everyones else benefit...
for cases that has to be filed by overnight courier that is by the USPS Express Mail the center will only pick up mails from the U.S Postal Service once a day and in the morning. Therefore any mail that is not picked up in the morning will be picked only the following day and is given a next day receipt date.
link
http://www.immigration.com/fromtheagency/nsc112006.html
LostInGCProcess
01-08 11:23 AM
I don't think so. I applied for AP on my own - and I got only 2 copies, not three.
I too applied on my own and I got 3. May be 1 extra copy...that's why, i guess, the first offices gave me one copy right away and took 2 other copies.
I too applied on my own and I got 3. May be 1 extra copy...that's why, i guess, the first offices gave me one copy right away and took 2 other copies.