JunRN
09-13 10:44 AM
I believe that for Schedule A Professionals like nurses and PTs, the only solution is the bridge amendment to make it faster. They are now using EB3, which means competing against hundreds of thousands of Engineers. With the latest bulletin, it seems the wait is five to six years...wow! that was long! But I think that is not the true picture. By mid of the 2008 fiscal year, we will see the real picture so hang on. The wait could be in reality 3 years.
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I_need_GC
03-25 02:27 PM
I am in a bind now, appreciate any advice,
I am planning on using my EAD to switch to another job in a couple of months. Meanwhile I have booked tickets for May 26th to send my son to India for the summer. He has H4 stamped in his passport valid till 2010.
My question is
**Can my son come back on H4 even though I use my EAD to change jobs ?
**Does he need to have advance parole ? Even if I apply for AP tomorrow, chances are very slim that he will get it before he leaves on May 26th.
Thanks in Advance
If you switch Jobs, and you don't have your H1B transfered to the new employer this means your H1B is not valid. No your son can not entry the country on H4 he must use AP. But if you continue to work full time on H1B and work part time on EAD with another employer then he can come on H4.
I am planning on using my EAD to switch to another job in a couple of months. Meanwhile I have booked tickets for May 26th to send my son to India for the summer. He has H4 stamped in his passport valid till 2010.
My question is
**Can my son come back on H4 even though I use my EAD to change jobs ?
**Does he need to have advance parole ? Even if I apply for AP tomorrow, chances are very slim that he will get it before he leaves on May 26th.
Thanks in Advance
If you switch Jobs, and you don't have your H1B transfered to the new employer this means your H1B is not valid. No your son can not entry the country on H4 he must use AP. But if you continue to work full time on H1B and work part time on EAD with another employer then he can come on H4.
qasleuth
03-12 08:15 PM
I consider FOIA is a multifold success. Not only we achieved milestone 1 of $5K, we were successful enough to wake up members to do something after long time. Why do you think the very same members were sleeping? I don't believe IV Core was not doing anything in last few months but members always felt that there is no plan of action from IV. There is nothing worst could happen to us just by disclosing our plan of actions in controlled way like:
1. <<ABC>> is preparing document for final data information.
2. <<XYZ>> is evaluating other options how we could retrieve this information.
3. <<DEF>> is understanding how FOIA works and how long it will take us to get data and what will be the best option to get it earlier.
4. <<MMM>> is working on funding drive for this.
There is no reason to hide even this kind of information. But if we do this, members understand what we are doing at high level.
My 2 cents.
I totally agree. It is not a question of being transparent Vs secretive, it just gives us all a sense of purpose and direction.
Also, information like how much IV is spending on lobbying on a monthly basis ? As this information is publicly available (in fact Sanju could find it by searching for under 10 mins and can be googled),why can't it be displayed on the website ?
1. <<ABC>> is preparing document for final data information.
2. <<XYZ>> is evaluating other options how we could retrieve this information.
3. <<DEF>> is understanding how FOIA works and how long it will take us to get data and what will be the best option to get it earlier.
4. <<MMM>> is working on funding drive for this.
There is no reason to hide even this kind of information. But if we do this, members understand what we are doing at high level.
My 2 cents.
I totally agree. It is not a question of being transparent Vs secretive, it just gives us all a sense of purpose and direction.
Also, information like how much IV is spending on lobbying on a monthly basis ? As this information is publicly available (in fact Sanju could find it by searching for under 10 mins and can be googled),why can't it be displayed on the website ?
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sj2273
08-04 05:00 PM
I have seen some really well written letters from CORE before. If core can help us - we will all put in our two cents and can come up with a really good letter rather than rush in one!
My email address is sj2273@yahoo.com and I am in!
But does the core believe in this. They obviously know more about dealing with senate and house and other influential parties.
Core members: Do you think mass mailing will get any attention. And do you think mass mailing everymonth to a selected group of people will work at all.
I believe that persistence without causing any annoyance works. But thats just my thought. I would like know yours! thanks for reading.
My email address is sj2273@yahoo.com and I am in!
But does the core believe in this. They obviously know more about dealing with senate and house and other influential parties.
Core members: Do you think mass mailing will get any attention. And do you think mass mailing everymonth to a selected group of people will work at all.
I believe that persistence without causing any annoyance works. But thats just my thought. I would like know yours! thanks for reading.
more...
chanduv23
11-20 07:48 PM
Don't get me wrong. There are so many good lawyers. I have talked to few of them who are reputed and didn't even charge me for my first call. However what I said above is based on this (http://immigration-information.com/forums/showpost.php?p=18642&postcount=9). If you read entire thread, you would know what I meant.
http://immigration-information.com/forums/showthread.php?t=5293
"As those of you who have read this forum for many years know, I believe that it is a waste of time and money for someone to try to maintain H status while waiting for AOS approval. I know that the conventional Internet wisdom is that this is the thing to do. The problem is, proponents of that position cannot offer any legal or rational authority for their position.
There are a number of law firms that represent employers only. They do work on behalf of their clients' employees, but they don't directly represent those employees. The employees are third party beneficiaries of their work.
While it costs an employer more to keep an employee in H status, many companies undertake this cost because they know that if an employee wishes to move elsewhere, it is more difficult to do so if the new employer has to file an H transfer petition, rather than simply recording the new employee's EAD number.
If an attorney represents the company, and not the employee, then the attorney has no duty to the employee and does not have to advise the employee as to what is best for him or her. Also, attorney's make far more money filing H petitions as opposed to filing EAD/AP applications."
So one MUST ALWAYS keep EAD in hand till 485 is adjujicated.
This is a very interesting find. But lets keep doing more research until we are concrete about whats the best option
http://immigration-information.com/forums/showthread.php?t=5293
"As those of you who have read this forum for many years know, I believe that it is a waste of time and money for someone to try to maintain H status while waiting for AOS approval. I know that the conventional Internet wisdom is that this is the thing to do. The problem is, proponents of that position cannot offer any legal or rational authority for their position.
There are a number of law firms that represent employers only. They do work on behalf of their clients' employees, but they don't directly represent those employees. The employees are third party beneficiaries of their work.
While it costs an employer more to keep an employee in H status, many companies undertake this cost because they know that if an employee wishes to move elsewhere, it is more difficult to do so if the new employer has to file an H transfer petition, rather than simply recording the new employee's EAD number.
If an attorney represents the company, and not the employee, then the attorney has no duty to the employee and does not have to advise the employee as to what is best for him or her. Also, attorney's make far more money filing H petitions as opposed to filing EAD/AP applications."
So one MUST ALWAYS keep EAD in hand till 485 is adjujicated.
This is a very interesting find. But lets keep doing more research until we are concrete about whats the best option
spicy_guy
10-22 10:04 AM
Is there a chance or is is possible at all PERM could complete in less than 3-4 months? Or is there a minimum timeframe?
more...
psaxena
12-15 11:29 AM
Please don't think as if the IV guys walk in and talk and there you go.... the change is in effect.
It takes a lot to get the fixes like these.
Moreover , do not donate with the "IF" condition. Just donate and trust IV , everyone is working as hard ,to get the relief in any way possible for the guys in the line.
SO JUST DON'T WAIT AND START DONATING.
Thanks to IV for that ..
But the word "later" seems to be very distant, not just for us. but for the dependents too
I believe this is administrative fix at least pre filing . This is more acheivable
It takes a lot to get the fixes like these.
Moreover , do not donate with the "IF" condition. Just donate and trust IV , everyone is working as hard ,to get the relief in any way possible for the guys in the line.
SO JUST DON'T WAIT AND START DONATING.
Thanks to IV for that ..
But the word "later" seems to be very distant, not just for us. but for the dependents too
I believe this is administrative fix at least pre filing . This is more acheivable
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everonh1
07-22 12:25 PM
Isnt there a concept of an interim EAD.
I heard if you dont get EAD within 90 days,you can go to your local USCIS office and get an interim EAD?
I heard if you dont get EAD within 90 days,you can go to your local USCIS office and get an interim EAD?
more...
shreekhand
07-18 12:14 AM
Guys...all applications are pre-adjudicated irrespective of whether a PD is current according to the receipt date.
Once receipted they go on the shelf and are given for adjudication to an adjudicator as in a fairly FIFO manner.
Let's not confuse this with those who were pre-adjudicated and then placed on the shelf for lack of visa number availability. Most of the petitions approved in June were from this shelf.
As a rule they don't jump and take the "PD current" ones even if they are submitted late.
Again I also read this from a question posed to the "I-485 Production Line Supervisor" in an open house document posted by an organization.
Once receipted they go on the shelf and are given for adjudication to an adjudicator as in a fairly FIFO manner.
Let's not confuse this with those who were pre-adjudicated and then placed on the shelf for lack of visa number availability. Most of the petitions approved in June were from this shelf.
As a rule they don't jump and take the "PD current" ones even if they are submitted late.
Again I also read this from a question posed to the "I-485 Production Line Supervisor" in an open house document posted by an organization.
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new_gc_guy
09-11 03:48 PM
second 100$ contribution...
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priti8888
07-23 05:12 PM
Thanks for the reply and encouragement. This is what makes this Immigration Voice community different from others...
no problem
no problem
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Green.Tech
09-14 03:45 PM
Well ...well ..well.... All this opposition tells me that I am on the right track along with all the people who support this cause.
Infact, we had seen similar opposition when we spoke against labor substitution in 2004 on immigrationcom website.
But labor substitution was stopped and DOL is currently auditing/investigating so many who used it. If you used labor substitution, you mostly should find that your I-140 is not getting adjudicated these days.
Interfiling while being the same company is totally illegal. Its tantamounts to fabricating the job requirements or asking you HR to "create a job position".
I whole heartedly support all EB3s who were qualified for EB2 when they filed their EB3 and we will keep this clause in mind when preparing the lawsuit.
Rest.. good luck.. you might even get your I-140 (or GC) approved based on PD porting ... but we will make sure that you get investigated eventually and the "incorrect decision" overturned.
gctest,
I respectfully disagree with your comment on "Interfiling while being the same company is totally illegal". What if the person is moving up to a senior position in the company where the job requirements have changed substantially (more than 50%). Why in that case is he/she not eligible to port his earlier pd?
I honestly think that we should worry less about these issues and channel all our energy to fight for a common cause - 'end of retrogression' via legislative changes. In the long run, EB1 vs EB2 or EB2 vs EB3 or EB-I vs EB-ROW will not matter, things will eventually even out!
Infact, we had seen similar opposition when we spoke against labor substitution in 2004 on immigrationcom website.
But labor substitution was stopped and DOL is currently auditing/investigating so many who used it. If you used labor substitution, you mostly should find that your I-140 is not getting adjudicated these days.
Interfiling while being the same company is totally illegal. Its tantamounts to fabricating the job requirements or asking you HR to "create a job position".
I whole heartedly support all EB3s who were qualified for EB2 when they filed their EB3 and we will keep this clause in mind when preparing the lawsuit.
Rest.. good luck.. you might even get your I-140 (or GC) approved based on PD porting ... but we will make sure that you get investigated eventually and the "incorrect decision" overturned.
gctest,
I respectfully disagree with your comment on "Interfiling while being the same company is totally illegal". What if the person is moving up to a senior position in the company where the job requirements have changed substantially (more than 50%). Why in that case is he/she not eligible to port his earlier pd?
I honestly think that we should worry less about these issues and channel all our energy to fight for a common cause - 'end of retrogression' via legislative changes. In the long run, EB1 vs EB2 or EB2 vs EB3 or EB-I vs EB-ROW will not matter, things will eventually even out!
more...
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ragz4u
03-16 08:37 AM
any update?
I just spoke with a CapitolHearings rep and she said she is going to get the technical team in charge of this to look into it
Hopefully it should start soon
I just spoke with a CapitolHearings rep and she said she is going to get the technical team in charge of this to look into it
Hopefully it should start soon
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tinamatthew
07-20 09:28 PM
All are exagerated values. Unless we have the correct values, these predictions are just waste of time and mind disturbing.:(
Thank you!! That's true exagerated values. With concurrent filing you can travel in and out of the country, you can work etc. Now we are moaning that the greencard is going to take forever! Wow! Be happy with this situation (file your i-140 & i-485) and stop these pessimistic views!
Thank you!! That's true exagerated values. With concurrent filing you can travel in and out of the country, you can work etc. Now we are moaning that the greencard is going to take forever! Wow! Be happy with this situation (file your i-140 & i-485) and stop these pessimistic views!
more...
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glus
07-05 12:44 PM
I JUST FAXED DC OFFICES OF THE FOLLOWING SENATORS WITH MY PERSONAL LETTER:
CLINTON FAX: 202-228-0282
CANTWELL FAX: 202-228-0514
SCHUMER FAX: 202-228-3027
KENNEDY FAX: 202-224-2417
CORNYN FAX: 202-228-2856
I will call their offices later and talk about the issue.
CLINTON FAX: 202-228-0282
CANTWELL FAX: 202-228-0514
SCHUMER FAX: 202-228-3027
KENNEDY FAX: 202-224-2417
CORNYN FAX: 202-228-2856
I will call their offices later and talk about the issue.
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hopefullegalimmigrant
01-09 02:33 PM
The status of AP seems to be changing practically everyday. The message (document mailed) first appeared on Jan 7, Then changed to Jan 8 with same message and today I see a date change in my portfolio (last updated section). Not sure when the document will actually get mailed...
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satyasaich
07-14 02:24 PM
Dear IVians
Please make it happen. Just $5 will never hurt anybody's economy / budget.
I wanted to cover 9 more souls if there is any acute shortage of even $5 (not to offend anyone), hence sent a check for $50
Suport IV
Satya
Please make it happen. Just $5 will never hurt anybody's economy / budget.
I wanted to cover 9 more souls if there is any acute shortage of even $5 (not to offend anyone), hence sent a check for $50
Suport IV
Satya
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reddymjm
03-03 03:46 PM
Looks like MDix is making fun of EB3-I bcoz current law doesn't allow any spillover for EB3-I category. Damn you MDix.
Law never changed. Its how USCIS interprets it.
Law never changed. Its how USCIS interprets it.
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amitjoey
05-13 09:45 AM
2 more days. Please call. those who have not please help.
kevinkris
06-06 03:03 PM
Goto Top. Guys, can we make this thread STICKY ?
sathweb
03-04 04:59 PM
Not sure if something is cooking at USCIS, last week an USCIS office called my attroney to get clarification on why we (my wife and I) are residing at separate addresses. We are in the process of relocation (company moved), my wife chose to continue her employment while she's searching for opportunities in the new location. The officer stated that they are trying to adjudicate the cases ASAP, hence he's inquiring to ensure there isnt any marriage fraud. My attorney responsed back will all the possible evidence to proved we are together.
Has anyone had a similar experience.
My PD: Aug 2004
Cat: EB3 India.
This is what I think is happening.
USCIS/DOL system is getting sophisticated day by day. I am positive that they must have some triggers in the system that will automatically notify Immigration Officers about suspicious activity.
Now a day�s USCIS is trying to deny as many cases as possible. So, they don�t want to miss any opportunity to deny or investigate your case.
It is not pre adjudication process. It is aggressive denials.
Has anyone had a similar experience.
My PD: Aug 2004
Cat: EB3 India.
This is what I think is happening.
USCIS/DOL system is getting sophisticated day by day. I am positive that they must have some triggers in the system that will automatically notify Immigration Officers about suspicious activity.
Now a day�s USCIS is trying to deny as many cases as possible. So, they don�t want to miss any opportunity to deny or investigate your case.
It is not pre adjudication process. It is aggressive denials.
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