Alabaman
04-05 03:57 PM
Nice Article... hits the nail on the head!! I wish it also highlighted the need for high skilled immigrants to be able to get GCs easily too.
thakkarbhav
09-15 12:49 PM
Congrats...Book the ticket and fly to india to give big hug to your wife and son and motherland...
priti8888
10-17 07:17 PM
In conservative view, though both are in same field, both are not similar occupation becuse one is "engineer" and other is "manager". Engineer skills and responsibilites and duties are different than manager. So it will not qualify to AC21 portability. For similar occupation classification, both should be in same family in Onet or it should have first 2 numbers in the code should be same.
thats not true..AC 21 does'nt deny a promotion..Since it takes over 5-7 years to get GC approval, most of my friends got their GC when they were project managers/product managers but started as applications/network engineers.
thats not true..AC 21 does'nt deny a promotion..Since it takes over 5-7 years to get GC approval, most of my friends got their GC when they were project managers/product managers but started as applications/network engineers.
shx
06-29 03:13 PM
This is not a shady practice. The employer had petitioned for a labor certification earlier to sponsor GC for an employee who might have left the company. Now they filled the position with you, so its perfectly alright to use the same petition for you.
As far as the documents are concerned, they are employer centric and they have no reason to give them to you. You will have nothing to do with those even if you get them. If the only purpose you want to solve is to know whether or not your labor and I40 were infact approved as your employer says, you should request your employer to show you a copy.
The copies are wothless to you if you leave the company anyways, before you get an EAD.
Don't heed the advise of people who ask you to find a better employer. Such people are only trying to get their own GCs faster, since there will be one less person with an earlier priority date.
As far as the documents are concerned, they are employer centric and they have no reason to give them to you. You will have nothing to do with those even if you get them. If the only purpose you want to solve is to know whether or not your labor and I40 were infact approved as your employer says, you should request your employer to show you a copy.
The copies are wothless to you if you leave the company anyways, before you get an EAD.
Don't heed the advise of people who ask you to find a better employer. Such people are only trying to get their own GCs faster, since there will be one less person with an earlier priority date.
more...
gcformeornot
12-31 01:23 PM
vote
damialok
04-22 03:45 PM
I-485 could be from family based, EB1 and ROW categories. I dont all these became Unavailable on July 2nd. Also you are right, USCIS didnt reject applications even though they came in between July 2nd and 17th.
more...
immiusa
06-16 09:18 AM
Hi,
Pay stubs & Tax returns for all your stay in USA are most important. Some times, you may be asked to submit w2 form for all your employer changes. If you have worked with company that had a H1B transfer denial, You need to have pay stubs & w2 form from that company also.
The office at any USA consulate may ask you the following items,
1. recent pay stubs (Probably for 3 months)
2. W2 form from your old company & new company (If you have worked for 2 companies in the FY 2007.
3. Last pay stub from your old company & first pay stub form your new company. This is to verify your continuity on the work
Pay stubs & Tax returns for all your stay in USA are most important. Some times, you may be asked to submit w2 form for all your employer changes. If you have worked with company that had a H1B transfer denial, You need to have pay stubs & w2 form from that company also.
The office at any USA consulate may ask you the following items,
1. recent pay stubs (Probably for 3 months)
2. W2 form from your old company & new company (If you have worked for 2 companies in the FY 2007.
3. Last pay stub from your old company & first pay stub form your new company. This is to verify your continuity on the work
masala dosa
05-12 09:43 AM
Great Job.I heard your call & I think you tried your best to explain our issues.I'm sure that something will surely change for the legal community in coming months.We have taken enough s..... till now.
Once again, nice job buddy
Keep up the spirits,we will get there
Thanks
GCcomesoon
I cannot open the audio file on internet explorer/Windows media player
can anyone tell me why?
Once again, nice job buddy
Keep up the spirits,we will get there
Thanks
GCcomesoon
I cannot open the audio file on internet explorer/Windows media player
can anyone tell me why?
more...
snathan
09-02 10:41 AM
Thanks GCDreamer and sbmallik.
Are you saying that an H4 visa holder cannot work online for an Indian co. and earn Indian income while residing in the US?
on H4, you can do only volunteer work without pay. Other than that you sleep or sit idle/watch TV.
Are you saying that an H4 visa holder cannot work online for an Indian co. and earn Indian income while residing in the US?
on H4, you can do only volunteer work without pay. Other than that you sleep or sit idle/watch TV.
yabadaba
06-18 12:00 PM
thanks tnite!!!... u r right my opt/h1b overlaped comfortably and i was never out of status
more...
Winner
04-21 03:39 PM
Thanks.
Well, if your H1B is based on approved 140 (post 6 years), even that gets invalidated when your 485 is denied due to revocation of I-140.
Now that is news to me. Can any attorneys confirm this?
Well, if your H1B is based on approved 140 (post 6 years), even that gets invalidated when your 485 is denied due to revocation of I-140.
Now that is news to me. Can any attorneys confirm this?
polapragada
10-23 05:56 PM
This seems pretty amazing. I wonder how it will play out in action.
"On October 20, the Senate followed the House of Representatives in voting to protect surviving family members when either the petitioner or the principal beneficiary of a petition dies. President Obama is expected to sign this legislation shortly.
Presently, the law provides that when the petitioner or the principal beneficiary dies, so does the petition. Typically, if the beneficiaries are present in the U.S., their applications for adjustment of status are denied and they are placed in removal proceedings.
* WHO WILL BENEFIT FROM THE NEW LAW?
Not only does the new law eliminate the infamous "widow penalty", it does so much more!
When either the petitioner or the principal beneficiary dies in a wide variety of instances, the law acts to protect the surviving family members:
There are few options for surviving relatives:
For example, there is a section of the law which provides that a surviving spouse of a U.S. citizen can self-petition for permanent residence, but only if the marriage occurred at least two years before the petitioner's death.
There is also a regulation which provides that where the petitioner of a family-based petition dies before the beneficiaries of the petition became permanent residents, the beneficiaries may request that the USCIS reinstate the petition for "humanitarian" reasons.
1) Parents, spouses and children of a U.S. citizen with pending or approved petitions;
2) Beneficiaries, principal or derivative, of pending or approved family-based petitions;
3) Beneficiaries, principals or derivative, of pending or approved employment-based petitions;
4) Beneficiaries, principal or derivative, of pending or approved asylee/refugee relative petitions;
5) Nonimmigrants entitled to "T" (trafficking victims) or "U" (crime victims) status.
Since the waiting times for family-based and employment-based preference can range up to between five and 22 years, often petitioners and principal beneficiaries die before the beneficiaries of the petition can obtain permanent residence.
........
* EXAMPLE #4 - Employment-Based Petition
Dr. Kumar is a physician born in India. His wife and daughter reside with him in the U.S. He is in H-1B status. His wife and daughter are in H-4 status. Dr. Kumar completed his medical residency in the U.S. on a J-1 visa. Then, for three years, he worked in a medically-underserved area in H-1B status. In 2006, his employer submitted a PERM application on his behalf. It was approved in the Spring of 2007. In July 2007, when all the employment-based numbers became current, Dr. Kumar's employer submitted an EB-2 visa petition on his behalf. Simultaneously, Dr. Kumar, his wife and daughter all applied for adjustment of status. Then his priority date retrogressed. In 2009, Dr. Kumar was killed by a drunk driver. Under present law, the visa petition would be revoked. Under the new law, Dr. Kumar's wife and daughter would be permitted to continue with their applications to adjust status. The visa petition could only be revoked if the USCIS determined that its continued approval would not be "in the public interest".
* CONCLUSION
The new law will provide immigration benefits to "survivors" in various types of immigration cases where either the petitioner or the principal beneficiary dies before the other family members are able to become permanent residents.
However, the law is complex, and the extent of its benefits will not be known until after the USCIS and the State Department promulgate regulations, or issue memos, explaining how they plan to implement the new law."
http://shusterman.typepad.com/nation...y-members.html
It is very good law...Thanks for sharing..
"On October 20, the Senate followed the House of Representatives in voting to protect surviving family members when either the petitioner or the principal beneficiary of a petition dies. President Obama is expected to sign this legislation shortly.
Presently, the law provides that when the petitioner or the principal beneficiary dies, so does the petition. Typically, if the beneficiaries are present in the U.S., their applications for adjustment of status are denied and they are placed in removal proceedings.
* WHO WILL BENEFIT FROM THE NEW LAW?
Not only does the new law eliminate the infamous "widow penalty", it does so much more!
When either the petitioner or the principal beneficiary dies in a wide variety of instances, the law acts to protect the surviving family members:
There are few options for surviving relatives:
For example, there is a section of the law which provides that a surviving spouse of a U.S. citizen can self-petition for permanent residence, but only if the marriage occurred at least two years before the petitioner's death.
There is also a regulation which provides that where the petitioner of a family-based petition dies before the beneficiaries of the petition became permanent residents, the beneficiaries may request that the USCIS reinstate the petition for "humanitarian" reasons.
1) Parents, spouses and children of a U.S. citizen with pending or approved petitions;
2) Beneficiaries, principal or derivative, of pending or approved family-based petitions;
3) Beneficiaries, principals or derivative, of pending or approved employment-based petitions;
4) Beneficiaries, principal or derivative, of pending or approved asylee/refugee relative petitions;
5) Nonimmigrants entitled to "T" (trafficking victims) or "U" (crime victims) status.
Since the waiting times for family-based and employment-based preference can range up to between five and 22 years, often petitioners and principal beneficiaries die before the beneficiaries of the petition can obtain permanent residence.
........
* EXAMPLE #4 - Employment-Based Petition
Dr. Kumar is a physician born in India. His wife and daughter reside with him in the U.S. He is in H-1B status. His wife and daughter are in H-4 status. Dr. Kumar completed his medical residency in the U.S. on a J-1 visa. Then, for three years, he worked in a medically-underserved area in H-1B status. In 2006, his employer submitted a PERM application on his behalf. It was approved in the Spring of 2007. In July 2007, when all the employment-based numbers became current, Dr. Kumar's employer submitted an EB-2 visa petition on his behalf. Simultaneously, Dr. Kumar, his wife and daughter all applied for adjustment of status. Then his priority date retrogressed. In 2009, Dr. Kumar was killed by a drunk driver. Under present law, the visa petition would be revoked. Under the new law, Dr. Kumar's wife and daughter would be permitted to continue with their applications to adjust status. The visa petition could only be revoked if the USCIS determined that its continued approval would not be "in the public interest".
* CONCLUSION
The new law will provide immigration benefits to "survivors" in various types of immigration cases where either the petitioner or the principal beneficiary dies before the other family members are able to become permanent residents.
However, the law is complex, and the extent of its benefits will not be known until after the USCIS and the State Department promulgate regulations, or issue memos, explaining how they plan to implement the new law."
http://shusterman.typepad.com/nation...y-members.html
It is very good law...Thanks for sharing..
more...
chanduv23
03-15 06:57 AM
In 1996 I joined a residency on J-1
1999-2001 i did a fellowship
2001-2003 another fellowship- needed special permission from ECFMG
2003 started a waiver job and I'm still in the same job in my 4th year.
Good job in a very nice metropolitan area.
Home residency requirement is 2 years
The new Conrad law is certainly better and should make things somewhat easier.
Hi Paskal, I am trying to understand things here. So you got a "J1" transfer to do your fellowship and again another J1 transfer/extension to do your fellowship?
The reason I ask is, my wife is on h1b and is currently in her 1st year residency (IM) and wants to do a fellowship, so the fellowship must be done on a h1b only I guess and h1b is only for 6 years unless the organization files for GC and get extensions. In general how are fellowships on h1b or J1? As such residency on h1b is extremely in recent times so I guess same is with fellowship.
If you have gone through a J1 residency and 2 fellowships and a wiaver job for 4 years, means you really worked it out very hard. Members like you must be an inspiration for other IV members. Maybe you must submit your story to IV.
1999-2001 i did a fellowship
2001-2003 another fellowship- needed special permission from ECFMG
2003 started a waiver job and I'm still in the same job in my 4th year.
Good job in a very nice metropolitan area.
Home residency requirement is 2 years
The new Conrad law is certainly better and should make things somewhat easier.
Hi Paskal, I am trying to understand things here. So you got a "J1" transfer to do your fellowship and again another J1 transfer/extension to do your fellowship?
The reason I ask is, my wife is on h1b and is currently in her 1st year residency (IM) and wants to do a fellowship, so the fellowship must be done on a h1b only I guess and h1b is only for 6 years unless the organization files for GC and get extensions. In general how are fellowships on h1b or J1? As such residency on h1b is extremely in recent times so I guess same is with fellowship.
If you have gone through a J1 residency and 2 fellowships and a wiaver job for 4 years, means you really worked it out very hard. Members like you must be an inspiration for other IV members. Maybe you must submit your story to IV.
ss1026
08-03 04:32 PM
This is the latest on my LIN number ...
Response to request for evidence received, and case processing has resumed.
What does it mean ... Any Ideas folks ...
I understand everyone is anxious but this is simple language. I am sure you can 'decipher' it
Response to request for evidence received, and case processing has resumed.
What does it mean ... Any Ideas folks ...
I understand everyone is anxious but this is simple language. I am sure you can 'decipher' it
more...
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apb
09-05 02:27 PM
This should go to top of queue. BUMPING
felix31
10-05 02:31 PM
same here,
we have applied every year and I often hear back from people who do win this loterry, somehow it didi not work out for us...at least, not yet!
anyway, getting ready to apply this weekend..who knows, maybe this is our lucky year..
cheers
we have applied every year and I often hear back from people who do win this loterry, somehow it didi not work out for us...at least, not yet!
anyway, getting ready to apply this weekend..who knows, maybe this is our lucky year..
cheers
more...
glosrfc
10-22 11:00 AM
When I was a kid, I built a tree-house with the tops of some discarded collapsible tables. I really can't imagine trying to do the same with CSS.
ajay
04-13 11:13 AM
Opening up an IRA account is not a big deal. There has been lot of deals going on with different brokers. I think brokers would be Vanguard/Troweprice/Etrade,etc. Now, try to set up an appointment with a consultant of the aforementioned brokers and they will be more than happy to assist you with your own choice of funds for your IRA.
Best time to switch and choose your funds.
Good luck.
Best time to switch and choose your funds.
Good luck.
buvane
09-10 03:04 PM
I also got the same answer saying my case is under Extended Review. I'm confused what do they review for 2 years? Any Clue??
What should I do now??
PD -May 7,2004
RD-July 2,2004
ND- Aug 28,2007
What should I do now??
PD -May 7,2004
RD-July 2,2004
ND- Aug 28,2007
waitingnwaiting
01-21 08:00 AM
I had an appointment at Mumbai Consulate on Jan 5th , 7th year ext. Since my I 797 approval date and stamping date was too short ( 1-2 weeks ) USCIS or DOS failed to update info in PIMS on time. I got yellow slip after few basic questions and told to wait for 2-3 biz days. I informed my lawyer in USA and he made contact to DOS there and ask them to update record. Also I had renewed my Indian passport since I applied for I 797 so they had old pp no in record. Lady from DOS promised to work on my case but didn't give any definite time limit.
but I got reply from Consulate on 4th biz day. Submitted passport via local VFS office and with in 3 days got it back. I think if you contact DOS it would take less time , otherwise 2-3 weeks is normal and 4 weeks or longer is for some rare cases. As long as your history is clean nothing to worry even it takes 3-4 weeks.
Whom did the lawyer contact in DOS. Did he tell you? It will help if we know.
but I got reply from Consulate on 4th biz day. Submitted passport via local VFS office and with in 3 days got it back. I think if you contact DOS it would take less time , otherwise 2-3 weeks is normal and 4 weeks or longer is for some rare cases. As long as your history is clean nothing to worry even it takes 3-4 weeks.
Whom did the lawyer contact in DOS. Did he tell you? It will help if we know.
villamonte6100
06-27 09:48 AM
I have I140 approval notice, Where can I see the A#?
It should appear on your I140 approval under the Beneficiary. Under your name, the A# should appear there.
Even my lawyer could not remember where my A# came from and I pointed it out to her.
Some people say, they didn't get it. I'm not really sure.
Please check your I140 approval.
It should appear on your I140 approval under the Beneficiary. Under your name, the A# should appear there.
Even my lawyer could not remember where my A# came from and I pointed it out to her.
Some people say, they didn't get it. I'm not really sure.
Please check your I140 approval.