LegallyGC
07-27 09:56 AM
1. Try to convince that new employer (B) that you have a vast experience and have already filed GC under EB-2, so it wouldnt be difficult to apply again under EB-2. Tell them you will use your own attorney (Like Mrs. Murthy) to file EB-2. They might change their view
2. If they dont agree and If you really feel this is the job of your dream then go for new job and dont think..
3. But if you think that this is just a small "upgrade" to your current job in terms of growth and money then stay where you are.
4. Because if ur new company applies for GC u will have a priority date of 2010 or 2011 EB-3. And even if ur wife applies next year for her GC thru employer whom she is yet to find, her priority date will be 2011 or even 2012 EB2. Both these options will take u 6-10 years down the GC pipelile... which is not so good..
5. You will get ur GC with current priority dates in 2011 or worst case 2012. Your wife will get GC too.. so no worries and both can work multiple jobs and make money..
Good luck with ur choice..
2. If they dont agree and If you really feel this is the job of your dream then go for new job and dont think..
3. But if you think that this is just a small "upgrade" to your current job in terms of growth and money then stay where you are.
4. Because if ur new company applies for GC u will have a priority date of 2010 or 2011 EB-3. And even if ur wife applies next year for her GC thru employer whom she is yet to find, her priority date will be 2011 or even 2012 EB2. Both these options will take u 6-10 years down the GC pipelile... which is not so good..
5. You will get ur GC with current priority dates in 2011 or worst case 2012. Your wife will get GC too.. so no worries and both can work multiple jobs and make money..
Good luck with ur choice..
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paskal
12-26 04:24 PM
please mark your pocket pc's or whatever your choice of poison...
axp817
02-03 01:49 PM
Documentation informing the USCIS of your having utilized AC21 benefits isn't necessary, but is a proactive measure usually taken to have a clean slate on the applicant's part.
It is true that in a majority of the cases the AC21 documentation might never reach the applican't 485 file, but in an unforeseen circumstance such as the denial of one's 485 based on 140 revocation (which, as we know isn't very uncommon) and matters reaching an immigration court, proof that one had taken proactive steps and gone out of one's way to inform the USCIS might make one's case stronger and thus make it easier to have the case reopened.
I was fortunate enough to not have to make that decision -whether to send AC21 documentation or not, the attorneys (Fragomen) representing the new employer recommended sending it making it easy for me.
Just my 2 cents,
It is true that in a majority of the cases the AC21 documentation might never reach the applican't 485 file, but in an unforeseen circumstance such as the denial of one's 485 based on 140 revocation (which, as we know isn't very uncommon) and matters reaching an immigration court, proof that one had taken proactive steps and gone out of one's way to inform the USCIS might make one's case stronger and thus make it easier to have the case reopened.
I was fortunate enough to not have to make that decision -whether to send AC21 documentation or not, the attorneys (Fragomen) representing the new employer recommended sending it making it easy for me.
Just my 2 cents,
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howzatt
07-12 09:33 AM
This and the new rumor that two senators were influencing USCIS clearly implies that the whole mess is a result of the CIR bill.
I can recall watching c-span a few days before the july bulletin came out. He said something on these lines "If we have 400-500,000 legal immigrants in the backlog for the past 4-5 years, how do you think we will able to provide GC to 11 million illegal immigrants?"
A few days after this, the July visa bulletin is released. CIR dies on June 26th or 27th and the two senators(whoever they are) influenced USCIS to "use up" all the numbers. THe more you read into this mess, it becomes clear that CIR was the root cause for the roller coaster ride of emotions.
This stuff is not a revelation but it confirms our suspicion all along that this was a political drama. I dont think this had anything to do with the fee increase.
I hope 60 minutes covers this scandal. If anyone has contacted 60 minutes, can you please let us know their email address?
I can recall watching c-span a few days before the july bulletin came out. He said something on these lines "If we have 400-500,000 legal immigrants in the backlog for the past 4-5 years, how do you think we will able to provide GC to 11 million illegal immigrants?"
A few days after this, the July visa bulletin is released. CIR dies on June 26th or 27th and the two senators(whoever they are) influenced USCIS to "use up" all the numbers. THe more you read into this mess, it becomes clear that CIR was the root cause for the roller coaster ride of emotions.
This stuff is not a revelation but it confirms our suspicion all along that this was a political drama. I dont think this had anything to do with the fee increase.
I hope 60 minutes covers this scandal. If anyone has contacted 60 minutes, can you please let us know their email address?
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AK01
03-26 10:48 PM
Don't listen to those who would tell you that you need 5 years after your degree was awarded. TALK TO A FREAKING LAWYER.
Simply untrue.. The magic word is: progressive, progressive, progressive...
From horse's mouth:
http://www.immigrationlinks.com/news/news215.htm
(see example from the above link below). If you file EB-2 without MS and your 5-years of experience is not post Bachelor's (or the underlying job doesn't require 5-years of post Bachelor's experience), your I-140 will be denied. If you file it, and it doesn't get denied, then the adjudicator made a mistake and consider yourself lucky.
EB-2 is Masters or BS + 5 years of progressive experience. Both for job requirement and alien qualification.
From the link:
The following are examples of actual statements contained at blocks 14 and 15 of the ETA-750. They are by no means exhaustive. Their inclusion here is intended to simply illustrate concepts discussed in this memorandum.
Position 1: Staff Software Engineer
ETA 750 Item 14:
Education - B.S. (or foreign equiv.) comp. science, elec. eng., or related field.
Experience - 5 years job offered or 5 years related occupation software engineer.
ETA 750 Item 15:
Exp. must include: design & development of major software subsystems; RDBMS internals; operating system internals; complex systems software design; symmetric multiprocessing and large scale network systems.
It is unclear whether this job requires 5 years of experience following receipt of the baccalaureate. For this reason, the adjudicator should request that the petitioner provide a supplemental statement clarifying whether the position requires five years of post-baccalaureate experience that is truly progressive in nature. If the supplemental statement establishes that the minimum qualifications for the position require a member of the professions holding an advanced degree and, assuming the beneficiary possesses these qualifications, the petition should be approved.
Simply untrue.. The magic word is: progressive, progressive, progressive...
From horse's mouth:
http://www.immigrationlinks.com/news/news215.htm
(see example from the above link below). If you file EB-2 without MS and your 5-years of experience is not post Bachelor's (or the underlying job doesn't require 5-years of post Bachelor's experience), your I-140 will be denied. If you file it, and it doesn't get denied, then the adjudicator made a mistake and consider yourself lucky.
EB-2 is Masters or BS + 5 years of progressive experience. Both for job requirement and alien qualification.
From the link:
The following are examples of actual statements contained at blocks 14 and 15 of the ETA-750. They are by no means exhaustive. Their inclusion here is intended to simply illustrate concepts discussed in this memorandum.
Position 1: Staff Software Engineer
ETA 750 Item 14:
Education - B.S. (or foreign equiv.) comp. science, elec. eng., or related field.
Experience - 5 years job offered or 5 years related occupation software engineer.
ETA 750 Item 15:
Exp. must include: design & development of major software subsystems; RDBMS internals; operating system internals; complex systems software design; symmetric multiprocessing and large scale network systems.
It is unclear whether this job requires 5 years of experience following receipt of the baccalaureate. For this reason, the adjudicator should request that the petitioner provide a supplemental statement clarifying whether the position requires five years of post-baccalaureate experience that is truly progressive in nature. If the supplemental statement establishes that the minimum qualifications for the position require a member of the professions holding an advanced degree and, assuming the beneficiary possesses these qualifications, the petition should be approved.
anindya1234
07-17 10:13 PM
Need some views on this
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chanduv23
09-10 07:54 AM
Though there are companies that do have ethics - most of these people have exploited their employees and continue to behave unethically - they drive expensive cars and behave with arrogance on face of their employees who are working hard and earning for these cayotes.
These cayotes have this love affair with Attorneys - and they have this common protocol on how to handle their employee.
As long as the community is scared - wants to lie low and not want to rise - we will still be in this situation.
IV HAS PROVIDED AN EXCELLENT PLATFORM FOR ALL THE PEOPLE TO COME FORWARD.
I would recommend that IV members who are affected by such cayotes must utilize the resources IV has provided and try to get more media attention.
I encourage people to do youtube videos using hidden cameras when their employers are trying to talk or do dirty deals.
Write blogs, make all this visible.
These cayotes have this love affair with Attorneys - and they have this common protocol on how to handle their employee.
As long as the community is scared - wants to lie low and not want to rise - we will still be in this situation.
IV HAS PROVIDED AN EXCELLENT PLATFORM FOR ALL THE PEOPLE TO COME FORWARD.
I would recommend that IV members who are affected by such cayotes must utilize the resources IV has provided and try to get more media attention.
I encourage people to do youtube videos using hidden cameras when their employers are trying to talk or do dirty deals.
Write blogs, make all this visible.
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enggr
10-02 10:20 AM
you could try getting a letter from university that you had completed all the requirements for your degree in 2000 but your degree was formally awarded in 2002
immi_seeker,
That was a nice idea, but I won't get a letter from university saying that the degree requirements are completed in 2000. Also, the transcripts for one supplementary exam (in 2002) may speak against us. Do you think there's a chance? Please reply
immi_seeker,
That was a nice idea, but I won't get a letter from university saying that the degree requirements are completed in 2000. Also, the transcripts for one supplementary exam (in 2002) may speak against us. Do you think there's a chance? Please reply
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pasupuleti
09-25 05:08 PM
I got denied by discover credit card due to not having a green card.
They said, it is just their policy that they won't give credit cards to
people who don't have green cards.
I could't co-sign my friends student loan application as i did't have a green card. They said, i have to be Permanent legal resident to co-sign.
Though i have a mortgage now, my first mortagage application got denied on same grounds.
Apparently fannie mae guildelines stipulates that H1B(foriegn investment) needs to put 60% down to get a mortgage loan.
But most of the lenders do mortgages anyways even for the people who does't have a ssn:).
No one has ever been denied mortgage because their green card is pending, all other things (credit record, finances etc) being equal...that would constitute housing discrimintaion...
Just a thought, especially in response to those (and there are some on this forum) who feel discriminated in this country and compare their situation to that of exploited laborers in some podunk land...
They said, it is just their policy that they won't give credit cards to
people who don't have green cards.
I could't co-sign my friends student loan application as i did't have a green card. They said, i have to be Permanent legal resident to co-sign.
Though i have a mortgage now, my first mortagage application got denied on same grounds.
Apparently fannie mae guildelines stipulates that H1B(foriegn investment) needs to put 60% down to get a mortgage loan.
But most of the lenders do mortgages anyways even for the people who does't have a ssn:).
No one has ever been denied mortgage because their green card is pending, all other things (credit record, finances etc) being equal...that would constitute housing discrimintaion...
Just a thought, especially in response to those (and there are some on this forum) who feel discriminated in this country and compare their situation to that of exploited laborers in some podunk land...
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tnite
09-30 02:21 PM
Can you please tell us what the RFE was about....Did you use AC21.
Me and my spouse both have RFE....so i dont know what to expect. And I have used AC21 and changed jobs....I am just hoping it is not related to this.
The RFE was for my I20's and OPT EAD card and Marriage certificate.
Me and my spouse both have RFE....so i dont know what to expect. And I have used AC21 and changed jobs....I am just hoping it is not related to this.
The RFE was for my I20's and OPT EAD card and Marriage certificate.
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new2gc
08-13 01:42 PM
Total H1Bs sponsored by the dirty 4 Indian companies are 12000 multiplied by $2000, gives 12 million if you add same no of L1 visas its only 24 million not 600 million. Obama requires a calculator .
Poor guys... they can give away $7.5 Billion to some country as Aid, but cannot secure their own borders without increasing burden on H1/L1 Visas for $0.6 Billion(not even 10% in comparison ) ....what a pity.... :mad:
This is pure B.S. politics....
Poor guys... they can give away $7.5 Billion to some country as Aid, but cannot secure their own borders without increasing burden on H1/L1 Visas for $0.6 Billion(not even 10% in comparison ) ....what a pity.... :mad:
This is pure B.S. politics....
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Rakson
02-28 11:12 AM
Can anybody please help in answering below questions on my case? I really appreciate your help. This is urgent for me.
#1: I am working for Company A (current company). My GC processing details (with current company):
1. Labor Approved.
2. I-140 Approved with priority date of Aug 2006 (Category -EB2)
3. I-485 - NOT filed
#2: I am on 6th year of H1-B. My current H1-B is valid till Jan 29, 2011 (less than 365 days from today).
I want to change job and join Company B (new company) for excellent offer and life long stability.
As per my understanding, for continuous H1-B extension & GC approval on existing priority date, I must stay with existing company(A). But attorney of new company(B) is saying he will be able to handle my H1-B extension and may be able to save my priority date also by filing new PERM & I-140. I am not sure whether attorney of new company(B) is correct or not. Can anybody please help in answering below questions?
Ques : If new company(B) transfers H1-B and USCIS will grant H1-B for 3 years based on approved I-140 with current company(A):
A. Can USCIS revokes extended period ( after Jan 29, 2011) if current company(A) revokes their approved I-140 before new company(B) gets approval of new PERM and I-140?
B. Can new company (B) start new PERM application during my extension period (after Jan 29, 2011)?
C. Can new company (B) transfer Priority date even if existing company(A) revokes their I-140?
#1: I am working for Company A (current company). My GC processing details (with current company):
1. Labor Approved.
2. I-140 Approved with priority date of Aug 2006 (Category -EB2)
3. I-485 - NOT filed
#2: I am on 6th year of H1-B. My current H1-B is valid till Jan 29, 2011 (less than 365 days from today).
I want to change job and join Company B (new company) for excellent offer and life long stability.
As per my understanding, for continuous H1-B extension & GC approval on existing priority date, I must stay with existing company(A). But attorney of new company(B) is saying he will be able to handle my H1-B extension and may be able to save my priority date also by filing new PERM & I-140. I am not sure whether attorney of new company(B) is correct or not. Can anybody please help in answering below questions?
Ques : If new company(B) transfers H1-B and USCIS will grant H1-B for 3 years based on approved I-140 with current company(A):
A. Can USCIS revokes extended period ( after Jan 29, 2011) if current company(A) revokes their approved I-140 before new company(B) gets approval of new PERM and I-140?
B. Can new company (B) start new PERM application during my extension period (after Jan 29, 2011)?
C. Can new company (B) transfer Priority date even if existing company(A) revokes their I-140?
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swede
07-19 08:47 PM
How many years of years of W-2 form copies do we need to attach, when we file I-485 applications?
The more the better. Maybe you don't need to file them at all but rather than risk getting an RFE later, send them as much info as possible.
I sent all my W2 and tax returns since 7 years back...
An RFE shouldn't be too bad, you just waste a week or so. You'll be ok in any case.
The more the better. Maybe you don't need to file them at all but rather than risk getting an RFE later, send them as much info as possible.
I sent all my W2 and tax returns since 7 years back...
An RFE shouldn't be too bad, you just waste a week or so. You'll be ok in any case.
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amitga
11-15 03:48 PM
CORRECT ME IF I AM WRONG...IF I94 IS EXPIRED DOES IT NOT MEAN U R OUT OF STATUS. SHOULD YOU NOT RENEW I94 BASED ON I797 ?
He got a new I-94 in H1B approval. So he has a old expired I-94 and a new I-94 valid till 2008
He got a new I-94 in H1B approval. So he has a old expired I-94 and a new I-94 valid till 2008
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trucks55
06-04 03:46 PM
I had recent gt my in-laws visa stamped at chennai consulate, i has send my 3 months bank statements from my online statements..
hope this help you ...
hope this help you ...
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kumar1
12-05 02:04 PM
Mita, before you start your lecture, please explain your following idiotic comment....
You made my day!!!!
I was waiting for someone to spit venom at timesofindia but did not happen till today.
You made my day!!!!
I was waiting for someone to spit venom at timesofindia but did not happen till today.
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raysaikat
04-23 03:28 PM
Hello thanks for the reply.
By applying for a petition did you mean:
- give the job advertisement in a newsletter,
- get the LCA
- then apply for a petition - I-129
>> what is the time frame for this petition application?
- apply for the waiver (i mean J1 applies and gets it lets say in 2-3 months)
>> i'll be still working with my J2 EAD, during waiver comes.
- once the waiver comes, then what is the procedure?\
Thanks again!
Your company needs to hire an immigration lawyer for doing the H1-B petition and you need to talk to that person. The forums are not a substitute for lawyers; for one, you may not get the response/information/answer that fits your specific situation. Forums are for getting a good overview --- general knowledge, so to say --- so that you know what is happening --- and you already have more than enough general information.
By applying for a petition did you mean:
- give the job advertisement in a newsletter,
- get the LCA
- then apply for a petition - I-129
>> what is the time frame for this petition application?
- apply for the waiver (i mean J1 applies and gets it lets say in 2-3 months)
>> i'll be still working with my J2 EAD, during waiver comes.
- once the waiver comes, then what is the procedure?\
Thanks again!
Your company needs to hire an immigration lawyer for doing the H1-B petition and you need to talk to that person. The forums are not a substitute for lawyers; for one, you may not get the response/information/answer that fits your specific situation. Forums are for getting a good overview --- general knowledge, so to say --- so that you know what is happening --- and you already have more than enough general information.
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acecupid
04-01 10:50 AM
I am looking for some serious help and advice here , I hate to see any non-immigrant in US in my circumstances .Here some information about it , My company has sponsored my work visa , soon I entered into they customs and Immigration there is some mistake with my paper work , and they charged me and later deported me .In the middle we came to know the company has sponsored some other people B/J visas for their own benefits and officers acted so racially .when i got deported they never issued my passport back , I keep on calling them now , they always say , They can't hear , some times they mention call after 5 mins , 1hr .I am so vexed with all they do , I felt so victim in this . Please advice me can i get my passport back, and my case is in pending appeal , before I got deported
At the POE, did immigration understand which language you were speaking ? No wonder they deported you. Btw, I think you are fake !
At the POE, did immigration understand which language you were speaking ? No wonder they deported you. Btw, I think you are fake !
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GCD
07-27 09:21 PM
Me, Wife and I signed for Daughter on all applications(485(3)/EAD(2)/AP(3))
We also sent signed G28 for everybody for every application( 8 total)
It doesn't hurt to be over cautious.
I hope we are fine.
We also sent signed G28 for everybody for every application( 8 total)
It doesn't hurt to be over cautious.
I hope we are fine.
iv_only_hope
02-16 09:47 PM
http://immigration-information.com/forums/showthread.php?t=4285
JazzByTheBay
09-08 11:49 AM
Given the demographics of the greater Seattle area in general, and Redmond in particular - I'm surprised "softies" haven't taken over the WA chapter completely... :)
Hope to see all of you in DC..
cheers!
jazz
My wife and me have joined the yahoogroups for WA chapter, We are going for the rally, how can we encourage more friends in WA state to go? I know there are people willing to sponsor, provide part of funds, help with accommodation and so on and if anyone in WA has any of these limitations, people are willing to coordinate. How do we get the point across to all Washingtonian GC sufferers or people who just filed for 485 and don't see the bleak tomorrow. How do we wake them up all up? We have so many employers here, is there something we can do to wake them up from the slumber and mirage of filing 485? I must admit, I was sleeping too until yesterday when we booked our tickets.
Hope to see all of you in DC..
cheers!
jazz
My wife and me have joined the yahoogroups for WA chapter, We are going for the rally, how can we encourage more friends in WA state to go? I know there are people willing to sponsor, provide part of funds, help with accommodation and so on and if anyone in WA has any of these limitations, people are willing to coordinate. How do we get the point across to all Washingtonian GC sufferers or people who just filed for 485 and don't see the bleak tomorrow. How do we wake them up all up? We have so many employers here, is there something we can do to wake them up from the slumber and mirage of filing 485? I must admit, I was sleeping too until yesterday when we booked our tickets.
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