kumar_herald
04-04 05:28 PM
I need expert advice -
My I-140 has been approved and I-485 pending for more than 18 months. I have a valid EAD & AP. I also have a valid H1-B visa valid till 2011,
that I am using for my current employment with my current employer
1. If I get laid-off, how long can I stay in US without another job?
2. I understand that in order to maintain my eligibility to "port" to a new employer / sponsor under AC21, I should have another job in same or similar occupation. Till I find another job, am I allowed to do some part-time job in different occupation?
3. If new employer gives me the option to move permanently to its subsidiary in another country, what are the available option for me to continue with green card processing?
4. If after going out of the country , I want to come back in future before Green card approval, what will be the available options?
My I-140 has been approved and I-485 pending for more than 18 months. I have a valid EAD & AP. I also have a valid H1-B visa valid till 2011,
that I am using for my current employment with my current employer
1. If I get laid-off, how long can I stay in US without another job?
2. I understand that in order to maintain my eligibility to "port" to a new employer / sponsor under AC21, I should have another job in same or similar occupation. Till I find another job, am I allowed to do some part-time job in different occupation?
3. If new employer gives me the option to move permanently to its subsidiary in another country, what are the available option for me to continue with green card processing?
4. If after going out of the country , I want to come back in future before Green card approval, what will be the available options?
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s416504
12-09 01:46 PM
EB?/ALL/China/India/MEXICO/PHILIPPINES
1st C C C C C
2nd C 22JUN06 08MAY06 C C
3rd 22MAR05 15DEC03 01FEB02 15APR03 22MAR05
1st C C C C C
2nd C 22JUN06 08MAY06 C C
3rd 22MAR05 15DEC03 01FEB02 15APR03 22MAR05
solaris27
10-11 03:06 PM
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MetteBB
05-11 01:20 PM
Hey thx!
Guess what -The appel (know I miss-spelled it) I accedently deleted... I'm such an as$ :whistle:
/mette
Guess what -The appel (know I miss-spelled it) I accedently deleted... I'm such an as$ :whistle:
/mette
more...
Lasantha
04-11 11:38 AM
I had the same experience on Wednesday. Do not hang up, you will be connected to an IO after a while.
I called (First time in last 4 months) to TSC using POJ method to check how they are trying to process cases. I know it was a futile attempt but wanted to try my luck regardless.
Guess what? When you can't get through right away (which is never) you get put on hold in queue. Instead of background music you would get with any other wait in queue system - the message kept repeating every second - "Your estimated wait time is between 10-15 minutes"...
It annoyed the heck out of me and I hung up rather than hearing the message over and over again.
Since I have not called in past few months, I do not know if this is how it always worked or is this a recent change. As far as I recall, they did have background music which made it a little bearable to wait 10 minutes.
I called (First time in last 4 months) to TSC using POJ method to check how they are trying to process cases. I know it was a futile attempt but wanted to try my luck regardless.
Guess what? When you can't get through right away (which is never) you get put on hold in queue. Instead of background music you would get with any other wait in queue system - the message kept repeating every second - "Your estimated wait time is between 10-15 minutes"...
It annoyed the heck out of me and I hung up rather than hearing the message over and over again.
Since I have not called in past few months, I do not know if this is how it always worked or is this a recent change. As far as I recall, they did have background music which made it a little bearable to wait 10 minutes.
minimalist
10-02 11:13 AM
I don't know why the guy brought up sarah palin when discussing joe biden. is it a must that something should be said about her for every gaffee that joe makes?remember how the congressman was sent packing after the macaca comment. why no outcry on this 7-11 comment? double standard?
Joe Biden is stating a fact that in Delaware most 711s are owned/operated by Indians. It is a fact the same way as most motels are owned/operated by Patels. You might have heard the saying " In US there are hotels, motels and Patels" Where as Macaca comment is making a insult based on how some one looks and also the specific word is a racial slur.
Joe Biden is stating a fact that in Delaware most 711s are owned/operated by Indians. It is a fact the same way as most motels are owned/operated by Patels. You might have heard the saying " In US there are hotels, motels and Patels" Where as Macaca comment is making a insult based on how some one looks and also the specific word is a racial slur.
more...
GKBest
09-29 03:24 PM
Looks like an unique situation...no reply from anybody...
I'm just wondering why would they waive the fee. Are you exempt from paying?
I'm just wondering why would they waive the fee. Are you exempt from paying?
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eilsoe
10-16 12:11 PM
I must say, that Aeris of FF7 was my fav character...
more...
ashutrip
06-15 04:11 PM
What about the option
Refiling LC in PERM due to .... changing jobs, etc
Even PERM is Baclogged.......per my lawyer Atlanta is taking 6 months.....Amazing
Refiling LC in PERM due to .... changing jobs, etc
Even PERM is Baclogged.......per my lawyer Atlanta is taking 6 months.....Amazing
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yagw
07-27 01:55 PM
yagw,
Regarding your comment
>>BTW, if your address changed (since you mentioned the job is in different city), then you HAVE to file the AR-11 within 10 days. Don't take chance on that...
Since i do not want to rock the boat can i wait till Sep 1st before i submit the address change else they would probably notice why i changed to a different city?
By law, you need to notify change of address within 10 days of your move.
DISCLAIMER: I am not an Attorney and this is not a legal advice.
Regarding your comment
>>BTW, if your address changed (since you mentioned the job is in different city), then you HAVE to file the AR-11 within 10 days. Don't take chance on that...
Since i do not want to rock the boat can i wait till Sep 1st before i submit the address change else they would probably notice why i changed to a different city?
By law, you need to notify change of address within 10 days of your move.
DISCLAIMER: I am not an Attorney and this is not a legal advice.
more...
dilipb
02-13 03:54 PM
What all countries in the world require is young intelligent sensible people like us to become politicians....so that we can make fast changes and make this world a more interesting place to live in.
but but but....
but but but....
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ras
02-12 11:08 AM
Why dont you consider one of attorney offices that provide free call services to IV members. That would help you as well as help IV community. May be you can consider Prashanthi Reddy or Raj at Shusterman or Siskind Law firm.
Hello,
My company is planning to do an EB2 GC for me. My H1B was done with this law firm called Chugh Law Firm which my company hires.
I had no problem in my H1B.
Here in these discussions I see many people asking to go to the best lawyers for greencards etc.
Does anybody know about this law firm, and your experiences please. Do you recommend I can be safe with them.
Thank you,
Bobby
Hello,
My company is planning to do an EB2 GC for me. My H1B was done with this law firm called Chugh Law Firm which my company hires.
I had no problem in my H1B.
Here in these discussions I see many people asking to go to the best lawyers for greencards etc.
Does anybody know about this law firm, and your experiences please. Do you recommend I can be safe with them.
Thank you,
Bobby
more...
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TeddyKoochu
07-29 03:26 PM
The calculations have a huge margin or error there because it is based on 2 wrongs. USCIS data is not fully accurate and tracker data is small. 2 wrongs do not make a right. It is better to trust information directly from people talking to Department of State and USCIS. Lawyers know better as they do this everyday for many years.
I must correct the following facts for you.
- Last year FB to EB was 10K approx so this year the expectations are similar according to your attorney. All these numbers are distributed proportionately amongst all categories, refer demand data document.
- The confusion seems to in the administrative language, spillover means FB to EB.
I think you should read atleast a few pages or posts on the predictions calculations thread before being judgmental. The calculations have been done from all possible sources a) Inventory b) USCIS processing volumes and from large samples from other sites. If you have better sources with facts and figures please let us know. Somebody merely saying something will happen has no meaning. With regards accuracy said what is happening months back and many people believe that his predictions are accurate and very close to reality. I believe you should read atleast the post on page 1 it may clear many of your misconceptions.
I must correct the following facts for you.
- Last year FB to EB was 10K approx so this year the expectations are similar according to your attorney. All these numbers are distributed proportionately amongst all categories, refer demand data document.
- The confusion seems to in the administrative language, spillover means FB to EB.
I think you should read atleast a few pages or posts on the predictions calculations thread before being judgmental. The calculations have been done from all possible sources a) Inventory b) USCIS processing volumes and from large samples from other sites. If you have better sources with facts and figures please let us know. Somebody merely saying something will happen has no meaning. With regards accuracy said what is happening months back and many people believe that his predictions are accurate and very close to reality. I believe you should read atleast the post on page 1 it may clear many of your misconceptions.
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Blog Feeds
09-12 09:40 AM
AILA Leadership Has Just Posted the Following:
Today's guest blogger is William Stock (http://www.klaskolaw.com/our-team.php?action=view&id=3), member of AILA's Board of Governors and partner in the law firm Klasko, Rulon, Stock & Seltzer
Employers who rely on foreign nationals to provide needed expertise in their workforce - from technical programmers to biochemists to wind turbine engineers - should take notice of three troubling trends which are becoming clearer as the discussion about employment-based immigration reform gets drowned out by the ongoing debate about comprehensive immigration reform.
The first trend is captured in this blog post (http://www.klaskolaw.com/our-team.php?action=view&id=3) by Vivek Wadhwa, a professor at Duke University who has studied high-tech entrepreneurship extensively. Current backlogs in the employment-based immigration categories trap foreign workers in the original job for which they were sponsored, meaning their companies cannot promote them to positions where their experience and skills can best be used. Nor can the workers take the initiative to start their own companies - while a small company may be able to sponsor one of its owners as an H-1B, a green card is much less likely in that situation. Wadhwa points out that eliminating the green card backlog (a major part of which consists of cases trapped by bureaucratic delays that should have been approved in past years� quotas, which do not carry over from year to year) would free an enormous amount of human capital to innovate and create the next generation of companies that will drive economic growth in the US.
More troubling, a combination of the green card quotas (which tie foreign nationals to one specific job) and rules for terminated H-1B workers (described in detail here (http://www.klaskolaw.com/articles.php?action=view&id=8)) are driving away the most talented foreign graduates of our universities. Recent surveys and profiles of foreign nationals in the US - particularly Indian engineers in Silicon Valley (http://www.sanfranmag.com/story/home-where-brain) - have highlighted an increase in the number of H-1B who are opting to return home, either from necessity or because the Indian economy now offers them opportunities to start or manage companies that the U.S. can�t match because of their visa situation. While opponents of high-tech immigration love to argue that H-1B visas allow tech workers to come to the US and learn skills that they can use back home, the fact is that most tech workers would prefer to use those skills in the US - and that immigrants are a key part of the Silicon Valley start-up community (given how many start-ups have at least one immigrant founder).
The most troubling trend, however, will not be immediate in its impact. For the first time in five years, US graduate programs reported a drop (http://www.businessweek.com/bschools/content/aug2009/bs20090820_960342.htm) in the number of international applications to their programs and the number of accepted applicants who chose to come to their programs. These students are the best and brightest from their countries, and when they choose to go to other countries rather than the US, we lose out not only on the tuition dollars they would have spent (at rates higher than out-of-state students pay), but also on their talents for companies in the US.
While these trends are troubling, they are not irreversible. What it will take, however, is a rational reform of our employment-based immigration system to recognize the contributions these immigrants make, and the national interest in providing a welcome mat to them.https://blogger.googleusercontent.com/tracker/186823568153827945-8233644330835442863?l=ailaleadership.blogspot.com
More... (http://ailaleadership.blogspot.com/2009/09/americas-shrinking-immigration.html)
Today's guest blogger is William Stock (http://www.klaskolaw.com/our-team.php?action=view&id=3), member of AILA's Board of Governors and partner in the law firm Klasko, Rulon, Stock & Seltzer
Employers who rely on foreign nationals to provide needed expertise in their workforce - from technical programmers to biochemists to wind turbine engineers - should take notice of three troubling trends which are becoming clearer as the discussion about employment-based immigration reform gets drowned out by the ongoing debate about comprehensive immigration reform.
The first trend is captured in this blog post (http://www.klaskolaw.com/our-team.php?action=view&id=3) by Vivek Wadhwa, a professor at Duke University who has studied high-tech entrepreneurship extensively. Current backlogs in the employment-based immigration categories trap foreign workers in the original job for which they were sponsored, meaning their companies cannot promote them to positions where their experience and skills can best be used. Nor can the workers take the initiative to start their own companies - while a small company may be able to sponsor one of its owners as an H-1B, a green card is much less likely in that situation. Wadhwa points out that eliminating the green card backlog (a major part of which consists of cases trapped by bureaucratic delays that should have been approved in past years� quotas, which do not carry over from year to year) would free an enormous amount of human capital to innovate and create the next generation of companies that will drive economic growth in the US.
More troubling, a combination of the green card quotas (which tie foreign nationals to one specific job) and rules for terminated H-1B workers (described in detail here (http://www.klaskolaw.com/articles.php?action=view&id=8)) are driving away the most talented foreign graduates of our universities. Recent surveys and profiles of foreign nationals in the US - particularly Indian engineers in Silicon Valley (http://www.sanfranmag.com/story/home-where-brain) - have highlighted an increase in the number of H-1B who are opting to return home, either from necessity or because the Indian economy now offers them opportunities to start or manage companies that the U.S. can�t match because of their visa situation. While opponents of high-tech immigration love to argue that H-1B visas allow tech workers to come to the US and learn skills that they can use back home, the fact is that most tech workers would prefer to use those skills in the US - and that immigrants are a key part of the Silicon Valley start-up community (given how many start-ups have at least one immigrant founder).
The most troubling trend, however, will not be immediate in its impact. For the first time in five years, US graduate programs reported a drop (http://www.businessweek.com/bschools/content/aug2009/bs20090820_960342.htm) in the number of international applications to their programs and the number of accepted applicants who chose to come to their programs. These students are the best and brightest from their countries, and when they choose to go to other countries rather than the US, we lose out not only on the tuition dollars they would have spent (at rates higher than out-of-state students pay), but also on their talents for companies in the US.
While these trends are troubling, they are not irreversible. What it will take, however, is a rational reform of our employment-based immigration system to recognize the contributions these immigrants make, and the national interest in providing a welcome mat to them.https://blogger.googleusercontent.com/tracker/186823568153827945-8233644330835442863?l=ailaleadership.blogspot.com
More... (http://ailaleadership.blogspot.com/2009/09/americas-shrinking-immigration.html)
more...
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mayurcreation
01-13 09:23 AM
Hi,
My previous employer had filed my I-140 (EB3) and it got approved after I left the company. So I don�t have I-140 approved notice copy with me but I do have I-140 receipt notice. They haven�t canceled my I-140 (I can check the status at USCIS web site).
My new employer had filed my I-140 (EB2) and it got approved last month. As I was not having my previous I-140 approval notice with me so I did not mentioned to my new employer about my previous I-140 approval at the time of filing new labor and I-140.
1) There is anyway I can do Priority Date Porting from my previous I-140 (EB3) receipt copy ( as I don't have approval notice copy with me at present) to my second I-140 (Eb2) after it got approved last month.
I have checked with my company lawyer, they�re saying that the priority date gets fixed at the I-140 stage and it is very difficult to get USCIS to update it once they�ve issued the I-140. They say that usually there�s no response from USCIS on such cases even if we put in a request. I�ve asked them to see if there are any other options
There is any other option!!
Thanks in advance.
1st PD EB3 11/17/2007
2nd PD EB2 07/27/2009
My previous employer had filed my I-140 (EB3) and it got approved after I left the company. So I don�t have I-140 approved notice copy with me but I do have I-140 receipt notice. They haven�t canceled my I-140 (I can check the status at USCIS web site).
My new employer had filed my I-140 (EB2) and it got approved last month. As I was not having my previous I-140 approval notice with me so I did not mentioned to my new employer about my previous I-140 approval at the time of filing new labor and I-140.
1) There is anyway I can do Priority Date Porting from my previous I-140 (EB3) receipt copy ( as I don't have approval notice copy with me at present) to my second I-140 (Eb2) after it got approved last month.
I have checked with my company lawyer, they�re saying that the priority date gets fixed at the I-140 stage and it is very difficult to get USCIS to update it once they�ve issued the I-140. They say that usually there�s no response from USCIS on such cases even if we put in a request. I�ve asked them to see if there are any other options
There is any other option!!
Thanks in advance.
1st PD EB3 11/17/2007
2nd PD EB2 07/27/2009
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Macaca
01-20 12:41 PM
I have already contributed $ 200 in the past. I prefer to make one time contributions instead of recurring.
Contributions is the need of the hour. Please help in contributions from other members. Thanks.
Contributions is the need of the hour. Please help in contributions from other members. Thanks.
more...
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Alabaman
06-22 03:05 PM
IV core team itself is not active these day.
Some people started a group, created a web site, featured on several news shows and have been flying miles to meet with powers that be. Some other people just joined the group by logging in from their website and all they can do is say that the first group as been inactive. Thats funny.
Some people started a group, created a web site, featured on several news shows and have been flying miles to meet with powers that be. Some other people just joined the group by logging in from their website and all they can do is say that the first group as been inactive. Thats funny.
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aravi
06-29 03:32 PM
Hi - I haven't obtained a Schengen visa from the Swedish consulate, but have obtained one several times from the French consulate. I also had trouble obtaining exactly worded letters from my insurance company. The best option for these embassy visa requirements, for me, was to purchase one for $12-$14 from InsureMyVisa.com. They give you a letter as per exact requirements of whichever country's consulate you are applying at. Good luck!
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dkupadhyay
11-23 12:59 PM
Hi,
I am from India. My previous attorney paper filed my I-140 in Nov. 2006. My new attorney filed I-485 in July 2007. My new attorney has received only the copy of I-140 application and receipt from the previous attorney.
In late 2008, with the help of a congressman, my new attorney was able to figure out that USCIS has lost my original I-140 application (filed at Nebraska center) and USCIS has issued the same I-140 receipt no. to somebody else. Then USCIS auto-created a new I-140 and gave me SRC receipt no. with filing date as Jan 2008 and as electronically filed by my previous attorney.
The new I-140 (SRC one) got approved in March 2009.
Got RFE in August 2009 for my I-485 application asking for the approval notice of my original I-140. My new attorney responded with all the history and the new I-140 approval notice.
Now I have received NOID for my I-485 threatening that if I don't submit the original receipt for the original I-140 then USCIS will deny my application. The USCIS is saying that auto-created I-140 has been filed more than 6 months later than filing I-485 case and can't be the base for filing I-485.
The previous attorney has not provided the original receipt of the original I-140 application and is not reachable via any means (doesn't respond to e-mail or phone calls. Office remains locked whenever I tried to visit him). So getting the original receipt from him is almost impossible. USCIS is not happy with the copy of the receipt.
Right now I don't have any proof (other than copy of the receipt of the original I-140 filing) to support that my I-140 was filed before I-485 filing.
What should I do in this case? Any suggestion will be appreciated.
I am from India. My previous attorney paper filed my I-140 in Nov. 2006. My new attorney filed I-485 in July 2007. My new attorney has received only the copy of I-140 application and receipt from the previous attorney.
In late 2008, with the help of a congressman, my new attorney was able to figure out that USCIS has lost my original I-140 application (filed at Nebraska center) and USCIS has issued the same I-140 receipt no. to somebody else. Then USCIS auto-created a new I-140 and gave me SRC receipt no. with filing date as Jan 2008 and as electronically filed by my previous attorney.
The new I-140 (SRC one) got approved in March 2009.
Got RFE in August 2009 for my I-485 application asking for the approval notice of my original I-140. My new attorney responded with all the history and the new I-140 approval notice.
Now I have received NOID for my I-485 threatening that if I don't submit the original receipt for the original I-140 then USCIS will deny my application. The USCIS is saying that auto-created I-140 has been filed more than 6 months later than filing I-485 case and can't be the base for filing I-485.
The previous attorney has not provided the original receipt of the original I-140 application and is not reachable via any means (doesn't respond to e-mail or phone calls. Office remains locked whenever I tried to visit him). So getting the original receipt from him is almost impossible. USCIS is not happy with the copy of the receipt.
Right now I don't have any proof (other than copy of the receipt of the original I-140 filing) to support that my I-140 was filed before I-485 filing.
What should I do in this case? Any suggestion will be appreciated.
Lok_sumi
07-24 02:57 PM
You can file 2 applications. It's likely that they will not issue two Advance Parole and EAD applications to each of you. At some point down the road USCIS will make you choose which application to pursue to completion.
golgappa
08-17 09:03 PM
Thanks to all for there replies
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