dilbert_cal
02-09 02:01 AM
I have a question to concerning my employment status. My manager recently told me that I should look out for a new job within company or outside. I am assuming he is saying that a layoff is looming out for me. I am currently on H-1B/EAD and my wife is also working on EAD.
I can inquire about the prsopects of getting leave of absence which will help me in getting through the immigration process since my priority date is Feb. 18,2005 EB2 India. So I am almost there.
But I am not sure what happens if there is a RFE asking for paystubs.In that case I may not be able to produce paystubs from my company since I am on LOA. And not from any other company since I have an H-1B, I cannot be working for any other company also.
So which is better, LOA or termination of job? Hard choice..
I doubt you will be allowed to take LOA. The company still has obligations on you when you take LOA - like employee insurance, medical premium, etc. How big the company is also matters. If the company is small and you have the right connections, this may possibly work but I doubt so still.
Your best bet will be to look for another job and take the AC21 route.
I can inquire about the prsopects of getting leave of absence which will help me in getting through the immigration process since my priority date is Feb. 18,2005 EB2 India. So I am almost there.
But I am not sure what happens if there is a RFE asking for paystubs.In that case I may not be able to produce paystubs from my company since I am on LOA. And not from any other company since I have an H-1B, I cannot be working for any other company also.
So which is better, LOA or termination of job? Hard choice..
I doubt you will be allowed to take LOA. The company still has obligations on you when you take LOA - like employee insurance, medical premium, etc. How big the company is also matters. If the company is small and you have the right connections, this may possibly work but I doubt so still.
Your best bet will be to look for another job and take the AC21 route.
mhathi
09-12 03:41 PM
my case was sent to TX office on 6/29 for 7/2 delivery and i checked online the receipt date was 7/31. dont know why. should be 7/2
but i got FP notice on 9/10 for appt dt = 9/25
hope this helps.
are you from MD? I received FP notice for 9/25 as well. just wondering.. maybe we will see each other if you are from Baltimore.
but i got FP notice on 9/10 for appt dt = 9/25
hope this helps.
are you from MD? I received FP notice for 9/25 as well. just wondering.. maybe we will see each other if you are from Baltimore.
Pallavi79
01-29 10:41 AM
what is bc & nabc?? :(
sriharirag
07-16 10:47 AM
Here is the full article.
>>>>>>>>>>>
U.S. to Reverse
Some Denials
Of Work Visas
By MIRIAM JORDAN
July 16, 2007; Page A2
Looking to resolve a messy immigration tangle, the U.S. government is close to announcing that it will accept at least some applications for work-based green cards that were filed by thousands of skilled workers in early July at the government's invitation and then abruptly rejected.
Tens of thousands of skilled workers, many of them in the U.S. on temporary H1B visas, responded to an official invitation, in a June 12 "visa bulletin" issued by the State Department, to take the final step in July toward attaining U.S. permanent residency. That sent workers, their families and their employers scrambling to compile paperwork and meet other requirements such as medical exams. Normally, eligible employment-sponsored workers wait years for their numbers to be called.
Then, July 2, as applications poured into processing centers, the State Department announced in a bulletin "update" that no employment-based immigrant visas were left for the fiscal year ending Sept. 30 because of "sudden backlog reduction" by U.S. Citizenship and Immigration Services. USCIS announced it would reject applications that it received.
People familiar with the situation say that officials are working out the final details of a plan that would at least partially rectify the problem.
It isn't clear, however, whether the immigration agency will now accept all applications and process them later, accept only those that have arrived, or come up with some other approach.
The July 2 decision provoked outrage among immigration lawyers, foreign workers and their employers. July 5, Microsoft Corp. announced that it plans soon to open a software-development center in Vancouver, Canada, with a view to "recruit and retain highly skilled people affected by immigration issues in the U.S." The announcement sent a clear signal to the government of the high-tech industry's dissatisfaction with the visa situation.
July 6, a large Chicago immigration law firm filed a lawsuit seeking class-action status against the government. Separately, the American Immigration Law Foundation, a nonprofit group, said it will file this week its own suit seeking class-action status.
Meanwhile, disgruntled green-card applicants cried foul, saying they had been unfairly treated by the government despite playing by the rules.
July 10, they registered their disappointment at the immigration system by dispatching hundreds of flower bouquets to the office of U.S. Citizenship and Immigration Services chief Emilio Gonzalez.
The next day, Rep. Zoe Lofgren (D-Calif.), whose district includes Silicon Valley, sent a letter to Secretary of Homeland Security Michael Chertoff requesting "all correspondence, emails, memoranda, notes, field guidance or other documentation" leading to the immigration system's about-face July 2.
The problem may have resulted from a communications breakdown between the State Department, which issues a monthly bulletin detailing who is eligible to file a green-card application, and USCIS, which processes the visa applications. The State Department has said that its role is to ensure that every visa slot available is used. In the past, however, the immigration agency has failed to use all of the slots.
Write to Miriam Jordan at miriam.jordan@wsj.com
>>>>>>>>>>>
U.S. to Reverse
Some Denials
Of Work Visas
By MIRIAM JORDAN
July 16, 2007; Page A2
Looking to resolve a messy immigration tangle, the U.S. government is close to announcing that it will accept at least some applications for work-based green cards that were filed by thousands of skilled workers in early July at the government's invitation and then abruptly rejected.
Tens of thousands of skilled workers, many of them in the U.S. on temporary H1B visas, responded to an official invitation, in a June 12 "visa bulletin" issued by the State Department, to take the final step in July toward attaining U.S. permanent residency. That sent workers, their families and their employers scrambling to compile paperwork and meet other requirements such as medical exams. Normally, eligible employment-sponsored workers wait years for their numbers to be called.
Then, July 2, as applications poured into processing centers, the State Department announced in a bulletin "update" that no employment-based immigrant visas were left for the fiscal year ending Sept. 30 because of "sudden backlog reduction" by U.S. Citizenship and Immigration Services. USCIS announced it would reject applications that it received.
People familiar with the situation say that officials are working out the final details of a plan that would at least partially rectify the problem.
It isn't clear, however, whether the immigration agency will now accept all applications and process them later, accept only those that have arrived, or come up with some other approach.
The July 2 decision provoked outrage among immigration lawyers, foreign workers and their employers. July 5, Microsoft Corp. announced that it plans soon to open a software-development center in Vancouver, Canada, with a view to "recruit and retain highly skilled people affected by immigration issues in the U.S." The announcement sent a clear signal to the government of the high-tech industry's dissatisfaction with the visa situation.
July 6, a large Chicago immigration law firm filed a lawsuit seeking class-action status against the government. Separately, the American Immigration Law Foundation, a nonprofit group, said it will file this week its own suit seeking class-action status.
Meanwhile, disgruntled green-card applicants cried foul, saying they had been unfairly treated by the government despite playing by the rules.
July 10, they registered their disappointment at the immigration system by dispatching hundreds of flower bouquets to the office of U.S. Citizenship and Immigration Services chief Emilio Gonzalez.
The next day, Rep. Zoe Lofgren (D-Calif.), whose district includes Silicon Valley, sent a letter to Secretary of Homeland Security Michael Chertoff requesting "all correspondence, emails, memoranda, notes, field guidance or other documentation" leading to the immigration system's about-face July 2.
The problem may have resulted from a communications breakdown between the State Department, which issues a monthly bulletin detailing who is eligible to file a green-card application, and USCIS, which processes the visa applications. The State Department has said that its role is to ensure that every visa slot available is used. In the past, however, the immigration agency has failed to use all of the slots.
Write to Miriam Jordan at miriam.jordan@wsj.com
more...
vikki76
10-02 10:01 PM
Just want to double confirm, are you sure that if G-28 is filed along with I-485, ONLY lawer receives RFE letter. Can you please point to any official link?
I left my old job where I filed G-28 with I-485. At my new job, HR in immigration department are telling me that there is no need to file G-28 since RFE is received by the applicant. Nor they recommend filing AC21. So no G-28 no AC21
Please guide.
I changed my company and filed G-28. My RFE went to new lawyers only. I didn't get any personal letter. My new company was adamant to file AC21 and G-28. Real glad that I did that!
I left my old job where I filed G-28 with I-485. At my new job, HR in immigration department are telling me that there is no need to file G-28 since RFE is received by the applicant. Nor they recommend filing AC21. So no G-28 no AC21
Please guide.
I changed my company and filed G-28. My RFE went to new lawyers only. I didn't get any personal letter. My new company was adamant to file AC21 and G-28. Real glad that I did that!
IAspire
02-20 11:54 PM
Hi All
I am very confused with the entire Green Card process. Any help will be much appreciated. I will give a background.
I have an experience of almost 6 years and work in an reputed Indian IT firm on H1B for a US bank. I am working in US on H1B for past 4 years. My wife is doing an MBA from a reputed US university on H4 visa.
What Employment Based Green Card category am I eligible for? How long does it take to get EAD approval from the beginning of the process? Can my wife work only after the EAD is approved?
Regards
IAspire
I am very confused with the entire Green Card process. Any help will be much appreciated. I will give a background.
I have an experience of almost 6 years and work in an reputed Indian IT firm on H1B for a US bank. I am working in US on H1B for past 4 years. My wife is doing an MBA from a reputed US university on H4 visa.
What Employment Based Green Card category am I eligible for? How long does it take to get EAD approval from the beginning of the process? Can my wife work only after the EAD is approved?
Regards
IAspire
more...
iwantmygreen
08-06 08:02 PM
I sent you PM. Please, check the same I havent received any PM from you. Can you resend.
lj_rr
07-09 05:25 PM
Well. If you are planning to use EAD, it is probably not an issue.
However if someone is transferring H1 at 7th year it has to be based on a pending labor or pending/approved I-140.
How do you prove that you have a I-140 pending/approved without attaching the documentation?
If 180 days have passed after I-140 approval, then there is nothing to worry about not having a copy of I-140.
GCCovet
However if someone is transferring H1 at 7th year it has to be based on a pending labor or pending/approved I-140.
How do you prove that you have a I-140 pending/approved without attaching the documentation?
If 180 days have passed after I-140 approval, then there is nothing to worry about not having a copy of I-140.
GCCovet
more...
coolgc
05-08 08:48 PM
Hello anu_t,
I know that you are not jealous. But just for your information, I have a Ph.d degree. Just because my office attorney filed our GC under EB-2, I thought that should be fine. But now I changed my mind (after waiting for couple of years) and planning to file EB1. You have to do Ph.d plus some years of experience to file in EB-1 category.
Hope that helps,
I know that you are not jealous. But just for your information, I have a Ph.d degree. Just because my office attorney filed our GC under EB-2, I thought that should be fine. But now I changed my mind (after waiting for couple of years) and planning to file EB1. You have to do Ph.d plus some years of experience to file in EB-1 category.
Hope that helps,
sands_14
03-20 05:12 PM
Doesnt matter.
Past experience shows that finally it doesnt matter.File in the category u r eligible for.
Past experience shows that finally it doesnt matter.File in the category u r eligible for.
more...
wildvoice
02-06 06:33 PM
Hi Amulchandra,
I am on the same boat with you. I am on H4 and is continuously exploring all possibilities that would enable me to work. I wonder how volunteering for work in one's field would be illegal. You will not be paid hence there will not be papertrails, taxes or any documents that can be traced to you working (illegally?). Besides, how will they know it, if there's no additional income in your bank accounts coming from your wages or salary? Isn't it? If the illegals could work in the shadows w/o getting penalized, hell, they even would have a chance to get a blue card in the future enabling their spouses to work. There's a very little chance that the USCIS or ICE would penalize you. Don't know even if they would bother give time to it.
Even if they would bother, you are highly educated, could hire a lawyer and easily explain it to court. Your current immigration lawyer is just too paranoid and is unreasonable.
Go for it man!
I am on the same boat with you. I am on H4 and is continuously exploring all possibilities that would enable me to work. I wonder how volunteering for work in one's field would be illegal. You will not be paid hence there will not be papertrails, taxes or any documents that can be traced to you working (illegally?). Besides, how will they know it, if there's no additional income in your bank accounts coming from your wages or salary? Isn't it? If the illegals could work in the shadows w/o getting penalized, hell, they even would have a chance to get a blue card in the future enabling their spouses to work. There's a very little chance that the USCIS or ICE would penalize you. Don't know even if they would bother give time to it.
Even if they would bother, you are highly educated, could hire a lawyer and easily explain it to court. Your current immigration lawyer is just too paranoid and is unreasonable.
Go for it man!
augustus
07-17 06:31 PM
I cannot believe the numbersUSA people. How cruel.
more...
AK_GC
02-13 05:28 PM
The tool you are looking for is Google. Just search for your local Senator and give him a call, they will tell you what they need. As you said, Senator is very effective if your date is current.
Thank you Sathweb.
Thank you Sathweb.
broadcaster
11-08 03:42 PM
On July 27, I sent my I-485/I-765 to the TSC. Case was delivered on July 31. I have no receipts, my checks have not been cashed. I called NCS, they asked me to wait two more weeks.
more...
Bush
03-10 10:33 PM
URGENT -
I already have approved I-140 in eb3/Sept 2002. I am substituting a labor (EB2) - if approved I would be able to apply for I-485 right away.
My Lawyer has advised to apply I-140 as it is for EB2. (which means no reference to earlier eb3 PD ) And upon its approval during I-485 application, request for earlier PD. In fact, as per him - only reference I need is to seek eligibility for I-485 application. Which is true but shouldn�t I-140 which is basis of I-485 application should show eligible PD.
Please let me know yr opinion.
As per my attorney it should be during the time of 140 you have to apply along with a copy of old PD.
Now I am not sure.
I already have approved I-140 in eb3/Sept 2002. I am substituting a labor (EB2) - if approved I would be able to apply for I-485 right away.
My Lawyer has advised to apply I-140 as it is for EB2. (which means no reference to earlier eb3 PD ) And upon its approval during I-485 application, request for earlier PD. In fact, as per him - only reference I need is to seek eligibility for I-485 application. Which is true but shouldn�t I-140 which is basis of I-485 application should show eligible PD.
Please let me know yr opinion.
As per my attorney it should be during the time of 140 you have to apply along with a copy of old PD.
Now I am not sure.
kshitijnt
05-05 12:38 AM
This is regarding status, if GC or CITIZEN there should not be any problem. If its H1B visa, then it should have validity. Means H1B visa should not have expired. I heard this story from my brother in law and in fact travel agents know this and they themselves advice on this. Those with expired H1B visa cannot travel through EUROPE. So my brother in law went to India through middle east.
CHECK OUT BASED ON YOUR STATUS.
Thanks
Rangan
This is not true. If you have AP, no problem. My wife was traveling in Dec-08 with no visa stamp in passport. No body checked for it, either in US or germany and no one asked for any transit visa or even AP.
CHECK OUT BASED ON YOUR STATUS.
Thanks
Rangan
This is not true. If you have AP, no problem. My wife was traveling in Dec-08 with no visa stamp in passport. No body checked for it, either in US or germany and no one asked for any transit visa or even AP.
more...
4yourforGC
04-02 01:41 AM
I filed my LC using regular process in EB3 category in Dec. 2003 and then LC was thrown to backlog center and pending there for ever. then I filed another LC using PERM in EB2 category in Dec. 2006 and got it approved in Jan. 2007, then filed I140 in Feb. 2007. Now my lawyer told me my EB3 case got recruitment instruction, but our company's policy doesn't allow same person to file two I140 application. Due to I already start my EB2 I-140 application, I can not continue my EB3 case, means I will have to withdraw it (if I have not file EB2 I-140 yet, I can continue my EB3 LC, but still need to decide which one I will pursue when file I-140 for either of them later on). I was planning to get two I140 approved and then carry over my earlier PD to file EB2 485. but now things get blocked by company's policy, which even prohibited me from paying by myself. Sign! Would you guys give me any good idea to see if I have way to get my EB3 case moving forward? thank you in advance.
yagw
03-30 12:25 PM
According to current visa bulletttin, EB2 -INDIA is 15 FEB 04.
Your profile shows your PD DEC. 2005.
How you got the GC, when the PD is not current?
If my mistake, you need to contact USCIS, otherwise they can find out the mistake and revoke any time.
Not necessarily. USCIS works in a magical way. They might allot a number when the dates were current and work on the application leisurely and approve it after a while.
(btw, this is purely based on info from different forums and I don't have any clue (neither USCIS :) of how they work)
Your profile shows your PD DEC. 2005.
How you got the GC, when the PD is not current?
If my mistake, you need to contact USCIS, otherwise they can find out the mistake and revoke any time.
Not necessarily. USCIS works in a magical way. They might allot a number when the dates were current and work on the application leisurely and approve it after a while.
(btw, this is purely based on info from different forums and I don't have any clue (neither USCIS :) of how they work)
pratibha
04-23 09:25 PM
When My immigration came through, my family and I all flew down by air, stamped ourselves as Landed Immigrants and then came back to states.
You will have to give somebody's address at the airport and also apply for your PR card before you come back to states. Once you get your PR card then you are free to travel even by road passing the border post otherwise without the PR card you will have to apply for a visa every time you go to Canada. The PR card will be posted to the that somebody's house so that person can post it to the US. I am a landed immigrant since Feb 2005 but still live in states.
To maintain the PR status you have to be the country for 2 years.
You will have to give somebody's address at the airport and also apply for your PR card before you come back to states. Once you get your PR card then you are free to travel even by road passing the border post otherwise without the PR card you will have to apply for a visa every time you go to Canada. The PR card will be posted to the that somebody's house so that person can post it to the US. I am a landed immigrant since Feb 2005 but still live in states.
To maintain the PR status you have to be the country for 2 years.
pete
05-04 01:54 PM
I had a rfe on my 140. About a degree from Bombay University. After the reply within 48 hours my case was approved.
Hi all,
I received an RFE on my I-140. I responded to NSC last week with what was requested in RFE. NSC acknowledged receipt of my response. How long do you think it would take for them to take a decision on my case (non-premium process).
gchopes
Hi all,
I received an RFE on my I-140. I responded to NSC last week with what was requested in RFE. NSC acknowledged receipt of my response. How long do you think it would take for them to take a decision on my case (non-premium process).
gchopes
ilikekilo
05-04 03:46 PM
i know FRA is abig airport hwoever I think 2 hrs is fine..