rajarao
10-21 12:29 PM
I sent mine yesterday. Do we get an acknowledgement and a number after this?.
wallpaper Maverick#39;s Surf Break Pillar
rock
06-22 10:54 PM
When you get 485 approval you will not need EAD or AP :D
It's OK to file for EAD and AP yourself, I did it 4 times but you need I-485 receipt notice and I-140 receipt and then approval notice to do that. So if you are wiling to wait till your lawyer get notices (it could be months for those who are filing in July) and your employer and lawyer will provide you a copy of all notices - it's fine to file yourself.
Hi voldemar,
I am also in the similar but not exact situation. Recently I changed the employer. My new employer is going to file I-140 and I-485 using the Labor substitution.I also want to file EAD and AP but the company attorney is saying it is safer to file the EAD and AP once the I-140 is approved. Can any one please answer this is true or not? Should I wait for I-140 to be approved or should I try convince the attorney to file EAD and AP also along with I-140 and I-485. I have one more question which is if We do not file the EAD and AP along with the I-485 and once the priority dates are retrogessed. Can we file EAD and AP even though the priority dates are not current and our I-485 is pending?
I would appreciate the answers and any official links if available.
Thanks
It's OK to file for EAD and AP yourself, I did it 4 times but you need I-485 receipt notice and I-140 receipt and then approval notice to do that. So if you are wiling to wait till your lawyer get notices (it could be months for those who are filing in July) and your employer and lawyer will provide you a copy of all notices - it's fine to file yourself.
Hi voldemar,
I am also in the similar but not exact situation. Recently I changed the employer. My new employer is going to file I-140 and I-485 using the Labor substitution.I also want to file EAD and AP but the company attorney is saying it is safer to file the EAD and AP once the I-140 is approved. Can any one please answer this is true or not? Should I wait for I-140 to be approved or should I try convince the attorney to file EAD and AP also along with I-140 and I-485. I have one more question which is if We do not file the EAD and AP along with the I-485 and once the priority dates are retrogessed. Can we file EAD and AP even though the priority dates are not current and our I-485 is pending?
I would appreciate the answers and any official links if available.
Thanks
WAIT_FOR_EVER_GC
06-10 02:03 PM
Why r we fighting over pity things like EAD needs employment letter, their political position
etc. Wait for pappu's update and try getting as many people as you can to support this issue. We need a good head count to win this.
etc. Wait for pappu's update and try getting as many people as you can to support this issue. We need a good head count to win this.
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snathan
03-11 09:19 PM
If we put the word H1B in the Visa Re-capturing bill, the bill would be doomed. As few have rightly pointed out, it would be taken out of context probably advertised and interpreted as increasing H1B visas.
If we put the words, eliminating per country limits, it would doomed. The CNN headlines would scream "Indians and Chinese are coming".
If we put any changes to the current requirements of I-485 filing, it would be interpreted as diluting the existing laws to import more cheap foreign workers faster. The anti-immigration forces would be all over it like a monkey on a cupcake.
If we keep it simple : Re-capturing unused visa numbers for Employment Based Categories for Foreign Born Professionals already employed in the US legally and in the queue for Permanent Residency, we have a high chance of success.
IV team please start the fund raising for re-capturing visa numbers. Thanks.
Before starting new fund raising...do you consider to contribute for the current drive.
If we put the words, eliminating per country limits, it would doomed. The CNN headlines would scream "Indians and Chinese are coming".
If we put any changes to the current requirements of I-485 filing, it would be interpreted as diluting the existing laws to import more cheap foreign workers faster. The anti-immigration forces would be all over it like a monkey on a cupcake.
If we keep it simple : Re-capturing unused visa numbers for Employment Based Categories for Foreign Born Professionals already employed in the US legally and in the queue for Permanent Residency, we have a high chance of success.
IV team please start the fund raising for re-capturing visa numbers. Thanks.
Before starting new fund raising...do you consider to contribute for the current drive.
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desi3933
01-31 05:51 PM
Thanks a lot Desi3933. I dont have words to thank you...
Another question - Once she gets on EAD does she have to get paid for 'x' number of period (Say 15 day or a month0 on EAD? And then when she re-enters on h1b (Nov 15 2009) then she will get paid from Nov 15 - Dec 31, so for year 2009 she will just have Jan month and 15 Nov till Dec 31 2009 on w-2. Is that fine since all the other time she was on EAD or out of country.
That would be absolutely fine.
Also, she will be maintaining H1 status. That is always good to have when I-485 application is pending.
____________________
Not a legal advice.
US Citizen of Indian Origin
Another question - Once she gets on EAD does she have to get paid for 'x' number of period (Say 15 day or a month0 on EAD? And then when she re-enters on h1b (Nov 15 2009) then she will get paid from Nov 15 - Dec 31, so for year 2009 she will just have Jan month and 15 Nov till Dec 31 2009 on w-2. Is that fine since all the other time she was on EAD or out of country.
That would be absolutely fine.
Also, she will be maintaining H1 status. That is always good to have when I-485 application is pending.
____________________
Not a legal advice.
US Citizen of Indian Origin
imv116
04-02 03:59 PM
I can put 100 arguments in support of MS students graduating and trying to get into a new job. Similarly you can come up with 100 other arguments that they are all non ethical and lies.
It is more costly for companies big and small to hire a new grad, train and eventually have him work on the business and that process is carried only by a minute percentage of all the companies that do business and also they look at elite schools.
Every MS student has to undergo a vigorous financial crisis situation there by the time they graduate they are left with no choice other than accepting what ever comes there way, at the earliest.
They don't have the liberty financially as well as law wise to sit and try for 1 year to get into a full time job. Given those kind of situations it is nothing wrong in projecting themselves to certain years of experience.
At the same, contracting, consulting is all about this. When no party likes, they can always let go.
-the116
It is more costly for companies big and small to hire a new grad, train and eventually have him work on the business and that process is carried only by a minute percentage of all the companies that do business and also they look at elite schools.
Every MS student has to undergo a vigorous financial crisis situation there by the time they graduate they are left with no choice other than accepting what ever comes there way, at the earliest.
They don't have the liberty financially as well as law wise to sit and try for 1 year to get into a full time job. Given those kind of situations it is nothing wrong in projecting themselves to certain years of experience.
At the same, contracting, consulting is all about this. When no party likes, they can always let go.
-the116
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DallasBlue
01-24 11:06 PM
IV members,
We need to come up with some great ideas like "flower campaign". Something that will mobilize IV members.
Let us not be pessimistic. There are thousand of reasons that one can think of why the new administration may not act soon. But that should not stop us from making our cause being heard. The new adminsitration has been taking many decisions that are not economy related. Economy is their #1 priority but it is not their only priority.
The visa recapture issue has been pending for a long time now (atleast 3 years). Either we continue to wait and suffer and remain frustrated or we take some action. Choice is ours.
PS: Let us be civil. I second using non-accusatory language on this forum.
How about we start writing letters to the WhiteHouse/President on
(i) Eliminate per country quota limits
(ii) Recapture the lost visas
(iii) Porcessing dates cannot go back
for administrative fixes ?
We need to come up with some great ideas like "flower campaign". Something that will mobilize IV members.
Let us not be pessimistic. There are thousand of reasons that one can think of why the new administration may not act soon. But that should not stop us from making our cause being heard. The new adminsitration has been taking many decisions that are not economy related. Economy is their #1 priority but it is not their only priority.
The visa recapture issue has been pending for a long time now (atleast 3 years). Either we continue to wait and suffer and remain frustrated or we take some action. Choice is ours.
PS: Let us be civil. I second using non-accusatory language on this forum.
How about we start writing letters to the WhiteHouse/President on
(i) Eliminate per country quota limits
(ii) Recapture the lost visas
(iii) Porcessing dates cannot go back
for administrative fixes ?
2010 the Mavericks Surf Contest
pointlesswait
11-17 03:49 PM
why cant they spell out the damn rule.. instead of leaving it out for speculations...
insane!
insane!
more...
prioritydate
12-22 12:51 AM
You should've thought about this that whole year that you were goofin' off! Why are you bringing this up at this late juncture, anyway? Your PD is Dec, 2004. What makes you your petition will trigger an RFE for not working during 2001? You raise a very perplexing and contradicting query...
I wasn't goofin off, by choice. I had no option but wait and pray that my employer would find a job for me. I had every reason to bother at his stage, because I invested so much time and money to file my GC. Natually, I am bothered because you never know what USCIS would ask; they are always ready to pull the carpet underneath you. What if IO ask me to prove that I am not out of status ? would I be able to show the proof? No! I can't...
I wasn't goofin off, by choice. I had no option but wait and pray that my employer would find a job for me. I had every reason to bother at his stage, because I invested so much time and money to file my GC. Natually, I am bothered because you never know what USCIS would ask; they are always ready to pull the carpet underneath you. What if IO ask me to prove that I am not out of status ? would I be able to show the proof? No! I can't...
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mhathi
06-11 11:52 AM
Sent early this morning, then resent after Pappu's message.
more...
485Mbe4001
06-08 11:57 AM
I would agree with the others that name check is a black hole. I had contacted congressman and senators during 'meet the lawmakers', but my contact at the congressmans office said that there is nothing that he can do to help me expediate the name check.
After 3.5 years waiting for my PD to be current i took an infopass appointment only to find out that i am stuck in name check. I had no reason to think about namecheck, i dont even have a parking ticket. Even the immigration officer said that there is nothing much he can do about it. For all other RFE's etc we can provide documentation etc. there is nothing you can do to speed up your name check. if you are stuck then just pray that you get out of this hell hole.
There is a yahoo group called namechecktrackker that was started by an IV member, it has about 1000 members.
FBI has also stopped responding to congressional requests and WOM. refer to aytes memo of Dec 2006
http://www.cyrusmehta.com/related/Ayetes_Memo_on_Name_Checks.pdf
I would actually also suggest requesting a meeting with both senators and congressperson in your area, rather than sending a webfax.
After 3.5 years waiting for my PD to be current i took an infopass appointment only to find out that i am stuck in name check. I had no reason to think about namecheck, i dont even have a parking ticket. Even the immigration officer said that there is nothing much he can do about it. For all other RFE's etc we can provide documentation etc. there is nothing you can do to speed up your name check. if you are stuck then just pray that you get out of this hell hole.
There is a yahoo group called namechecktrackker that was started by an IV member, it has about 1000 members.
FBI has also stopped responding to congressional requests and WOM. refer to aytes memo of Dec 2006
http://www.cyrusmehta.com/related/Ayetes_Memo_on_Name_Checks.pdf
I would actually also suggest requesting a meeting with both senators and congressperson in your area, rather than sending a webfax.
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jungalee43
02-06 09:37 AM
Though I am posting very late, I fully agree with the intent of the thread starter. If there is anything that we can convince the "balanced" law makers, it is the discrimination based on country based quota.
A person with certain skill set brings same and equal benefits to this country. S/He is hired because the economy of this country needs him/her. Then why issue green card to one because s/he was born in XYZ country and why ask another to wait almost endlessly because s/he was born in ABC country. This is absurd, unjust, unfair and discriminatory, particularly considering the values that United States respects, believes in and follows.
We can sell only this one point to law makers. Selling an idea on how much benefits we bring to this country, and if we can buy homes with 20% down payment, is like waking up a person who is pretending to be asleep. They have decided not to buy that argument no matter what. And then there is Dick Durbyn, Grassley, Jeff Sessions, Steve King and many like them...............
A person with certain skill set brings same and equal benefits to this country. S/He is hired because the economy of this country needs him/her. Then why issue green card to one because s/he was born in XYZ country and why ask another to wait almost endlessly because s/he was born in ABC country. This is absurd, unjust, unfair and discriminatory, particularly considering the values that United States respects, believes in and follows.
We can sell only this one point to law makers. Selling an idea on how much benefits we bring to this country, and if we can buy homes with 20% down payment, is like waking up a person who is pretending to be asleep. They have decided not to buy that argument no matter what. And then there is Dick Durbyn, Grassley, Jeff Sessions, Steve King and many like them...............
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prioritydate
12-21 02:15 PM
This is from Murthy chat.
Question: If in the past I have been out of H1B status for 6 months (I-94 not expired), is this going to hurt my GC (or any new petitions to change / extend / adjust status)?
Answer: A person who fails to maintain status for over 180 days may have a problem obtaining the approval of the I-485, which allows a maximum of 180 days for one to be out of status under Section 245(k) of the INA, unless the person is covered under 245(i) of the INA. Sometimes, though, the fault of the employer in not paying the salary while the person is considered an employee may not pose a problem but at other times it may pose a problem. Not having pay stubs will certainly adversely impact the ability to obtain an extension or change of status from the USCIS. Jun-20-2005.
:mad::mad::mad::mad::mad::mad::mad::mad:
Question: If in the past I have been out of H1B status for 6 months (I-94 not expired), is this going to hurt my GC (or any new petitions to change / extend / adjust status)?
Answer: A person who fails to maintain status for over 180 days may have a problem obtaining the approval of the I-485, which allows a maximum of 180 days for one to be out of status under Section 245(k) of the INA, unless the person is covered under 245(i) of the INA. Sometimes, though, the fault of the employer in not paying the salary while the person is considered an employee may not pose a problem but at other times it may pose a problem. Not having pay stubs will certainly adversely impact the ability to obtain an extension or change of status from the USCIS. Jun-20-2005.
:mad::mad::mad::mad::mad::mad::mad::mad:
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tooclose
07-13 10:54 AM
Mar 1 2006 - Mar 7 2006 --> will be processed when cutoff date is Mar 08 2006.
Well its a no-brainer that Mar 1-7 would be processed if Mar 8 is the cut off date. It makes me think twice when they have the clause about Mar 1 - 7 if 1st is the cut-off date.
We will get to know early next month. Good luck to all !!!
Well its a no-brainer that Mar 1-7 would be processed if Mar 8 is the cut off date. It makes me think twice when they have the clause about Mar 1 - 7 if 1st is the cut-off date.
We will get to know early next month. Good luck to all !!!
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pictures spot known as Maverick#39;s.
singhsa3
03-03 01:16 PM
I just sent a request to CNN to take a look at this thread. A formal letter may be sent soon. So please continue to vote and participate.
dresses 8 Surf where the surfers are
PHANI_TAVVALA
05-15 03:59 PM
Dont take current year as a standard (unless you believe that things will get only worse from here). About your ROI description, it is very generic. Each person has to take his or her personal circumstances into consideration before making this calculation. Another problem with this ROI calculation being applied to engineers (I am one too) is that our initial salaries tend to be high but we tend to hit a ceiling around the time we hit 30 (what next after project manager or product manager?).
One more important thing to think about is what do you want to do in life. If MBA can get you there, there is probably not much meaning to this ROI calculation as you cannot put a price on ability to do what you wanted to (and be happy). This is precisely why I said find out why do you want an MBA in the prior post. That is the most important part of this discovery process. I understand that lives change and people change, which is why it is important to talk to people who have "been there and done that".
I agree this is a bad year but this was an article from 2006. I also completely agree that people need to pursue M.B.A with the aim of improving their skills or with the aim of improving their marketability or future career growth but then once you pay the big bucks it alwyas filters down to ROI. But spending 2 years of one's life at a full-time school shelling out 100's of thousands of dollars (especially if it is out of their own pocket) will make sense only if one can justify the investment in terms of dollars. People expect sunk costs to be recovered in the future. Investment banking and finance offered that opportunity to M.B.A professionals where they could draw anywhere between $300k-450k in base salary alone apart from millions of dollars in bonuses. Going into the future, the current socialistic government will keep tabs on such exuberant pays.
I weighed all these when deciding to start part-time. I always wanted to be a Mechanical Engineer and I want to be associated with my field for rest of my life. My intent of pursuing M.B.A is to move up the ladder quickly in Engineering/Technology Management.
One more important thing to think about is what do you want to do in life. If MBA can get you there, there is probably not much meaning to this ROI calculation as you cannot put a price on ability to do what you wanted to (and be happy). This is precisely why I said find out why do you want an MBA in the prior post. That is the most important part of this discovery process. I understand that lives change and people change, which is why it is important to talk to people who have "been there and done that".
I agree this is a bad year but this was an article from 2006. I also completely agree that people need to pursue M.B.A with the aim of improving their skills or with the aim of improving their marketability or future career growth but then once you pay the big bucks it alwyas filters down to ROI. But spending 2 years of one's life at a full-time school shelling out 100's of thousands of dollars (especially if it is out of their own pocket) will make sense only if one can justify the investment in terms of dollars. People expect sunk costs to be recovered in the future. Investment banking and finance offered that opportunity to M.B.A professionals where they could draw anywhere between $300k-450k in base salary alone apart from millions of dollars in bonuses. Going into the future, the current socialistic government will keep tabs on such exuberant pays.
I weighed all these when deciding to start part-time. I always wanted to be a Mechanical Engineer and I want to be associated with my field for rest of my life. My intent of pursuing M.B.A is to move up the ladder quickly in Engineering/Technology Management.
more...
makeup Maverick#39;s is a surf spot
eb3retro
08-18 08:52 PM
Alright retro I'm sorry I upset you so much,it was not a remark which was meant to be taken seriously.I know there is no difference in intelligence between the two.Hope you will get cheered now and maybe drop in for a beer sometime.And I hope you get you green card soon too.
thanks for the beer offer, but i dont drink..just an fyi - i got the receipts long back..
thanks for the beer offer, but i dont drink..just an fyi - i got the receipts long back..
girlfriend the Mavericks Surf Shop,
kumar1
03-16 12:31 AM
Your language says everything about you. I am glad I do not work with you.
dudester,
I work for a REAL big company and have a REAL good job. Don't get worked up you might get a cardiac arrest. :)
And, please, gimme a break. H1B = high skilled? ya right.............keep living in your dream world buddy.........good for you. Most H1Bs, according to PUBLISHED research, earn less than $50,000.
Freaking diploma holders from India get an H1B easily...........you think the monkeys who work for the outsourcing firms in India are "highly-skilled" ??
:p
Dude, IT and software are low skill jobs..........wake up and smell the coffee. Your saying "highly skilled" and holding up a placard won't change that reality. No one wants any more low skilled EB3 types in this country anymore. They are found dime a dozen.
If your highness is so highly skilled, how come you are stuck in the EB3 queue and whine to get into EB2 ???
Yes i AM selfish..........you got a problem with that?
dudester,
I work for a REAL big company and have a REAL good job. Don't get worked up you might get a cardiac arrest. :)
And, please, gimme a break. H1B = high skilled? ya right.............keep living in your dream world buddy.........good for you. Most H1Bs, according to PUBLISHED research, earn less than $50,000.
Freaking diploma holders from India get an H1B easily...........you think the monkeys who work for the outsourcing firms in India are "highly-skilled" ??
:p
Dude, IT and software are low skill jobs..........wake up and smell the coffee. Your saying "highly skilled" and holding up a placard won't change that reality. No one wants any more low skilled EB3 types in this country anymore. They are found dime a dozen.
If your highness is so highly skilled, how come you are stuck in the EB3 queue and whine to get into EB2 ???
Yes i AM selfish..........you got a problem with that?
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psk79
07-18 08:37 AM
Mine reached on July 2nd 9:01 AM. I don't think they must have rejected any application. I think, if someone is saying "rejected" means USCIS refused to accept the fedex, in which case package should be returned back to lawyers in 3/4 days.
If your package was accepeted by USCIS then it would be on hold and based on yesterday's news, now it should be ready for processing. I am checking this with couple of lawyers and I will update this thread with anything I find out.
You may be right, But I didn't hear about a single case where USCIS refused to accept the Fedex. How can they do it ?because they don't know what's inside the package. if anything is sent via usps they just drop it of in the drop box.
Also, does anyone know if the package has to be transferred to Texas or wherever your I140 is approved and then that particular center issues a receipt?? That's what I heard...
If your package was accepeted by USCIS then it would be on hold and based on yesterday's news, now it should be ready for processing. I am checking this with couple of lawyers and I will update this thread with anything I find out.
You may be right, But I didn't hear about a single case where USCIS refused to accept the Fedex. How can they do it ?because they don't know what's inside the package. if anything is sent via usps they just drop it of in the drop box.
Also, does anyone know if the package has to be transferred to Texas or wherever your I140 is approved and then that particular center issues a receipt?? That's what I heard...
yagw
07-13 10:06 AM
Thanks...Excerpt from the same document
Only persons with a priority date earlier than a cut-off date are entitled to allotment of a visa number. The cut-off dates are the 1st, 8th, 15th, and 22nd of a month, since VO groups demand for numbers under these dates. (Priority dates of the first through seventh of a month are grouped under the 1st, the eighth through the fourteenth under the 8th, etc.)
It is not a contradiction to the previous statement.
Cut-off-date = 1 ==> PDs before 1st can file (i.e mar-01 cut-off date mean pds till apr-30 can file)
Cut-off-date = 8 ==> PDs before 8 can file (i.e pds 1 to 7 since they are in one bucket)
Cut-off-date = 15 ==> PDs before 15 can file (specifically pds in bucket 8-14 can file)
etc...
Hope it helps. As others predicted, I really think the numbers will not move back. You will get your GC soon.
Only persons with a priority date earlier than a cut-off date are entitled to allotment of a visa number. The cut-off dates are the 1st, 8th, 15th, and 22nd of a month, since VO groups demand for numbers under these dates. (Priority dates of the first through seventh of a month are grouped under the 1st, the eighth through the fourteenth under the 8th, etc.)
It is not a contradiction to the previous statement.
Cut-off-date = 1 ==> PDs before 1st can file (i.e mar-01 cut-off date mean pds till apr-30 can file)
Cut-off-date = 8 ==> PDs before 8 can file (i.e pds 1 to 7 since they are in one bucket)
Cut-off-date = 15 ==> PDs before 15 can file (specifically pds in bucket 8-14 can file)
etc...
Hope it helps. As others predicted, I really think the numbers will not move back. You will get your GC soon.
GCKaIntezar
02-20 08:39 PM
Durga Temple Plan for Sunday 2/26
All-
Vineet and I chated today and he confirmed our appointment at Durga Temple in South Brunswick. Please reply to this message and confirm that you will be coming in. The tentative time to reach and setup the table is between 4:00-4:30pm.
So far I have me and Vineet coming in. We need atleast 3 more to join us in this drive.
Ajay,
I left you a voice mail on this also.
Thanks,
Sanjay
All-
Vineet and I chated today and he confirmed our appointment at Durga Temple in South Brunswick. Please reply to this message and confirm that you will be coming in. The tentative time to reach and setup the table is between 4:00-4:30pm.
So far I have me and Vineet coming in. We need atleast 3 more to join us in this drive.
Ajay,
I left you a voice mail on this also.
Thanks,
Sanjay
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