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Saturday, June 11, 2011

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  • amulchandra
    02-06 05:54 PM
    Hi Anand,

    I am in the same boat as your spouse. I am on H4. Just today I got a very harsh reply from an attorney saying that I cannot volunteer in any way that is related to my field ( I am an IT pro) even in a non-profit organization. I am little bit upset after this episode because I wanted to volunteer for a non-profit Org.

    In the land of opportunities I don't have opportunity even to volunteer in a non-profit organization to keep in touch with my subject. First time I realized that I am living in a prison.

    Don't take my word. Consult an attorney because H4 holder volunteering in one's own field is illegal it seems. Wish you all the best.


    Amul





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  • Refugee_New
    08-02 12:47 PM
    I'm surprised u got a 2 yr extn despite the fact that ur case is current. When did u file and which date was it approved?

    i e-filed my ead on the last week of june. sent documents during the first week of july. July 17th, went for FP. Got the approval two days back





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  • sunnymit
    02-17 03:54 PM
    The PD for my GC application is Dec 10, 2001. I filed under EB3 category and my chargeability is India. Going by the backlog that we are currently experiencing for EB3, is it worth filing for an upgrade of the GC application from EB3 to EB2 based purely on timelines for both EB3 and EB2?





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  • Alabaman
    04-30 06:23 PM
    all talk... talk talk talk...no action



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  • sanju
    02-05 09:40 PM
    My wife received the FP notice 3 weeks ago and her FP is tomorrow. I never received it even though I am the primary applicant. I do see updates on my I-485 application but no FP notice. The USCIS center is quite far away from my home. Can I try to go there with my wife and see if they can do my FP also tomorrow or is that a lost cause?

    This happened to me twice in last 3 years and this is what I can tell you from my experience.

    All member of the family should go for the finger print because often times figer print notices are lost in the mail. I went to the IO at the center and told IO officer that I did not receive the FP notice. She checked in the system and said that FP notice was sent for me as well. IO officer printed a FP notice right at the spot and handed that to me so that my wife and I could give finger prints together. If you do not give the finger print, the risks is that CIS may send you another notice or may send you the "last notice" before considering your application as abandoned.

    I would say - better safe than sorry.





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  • sanju_dba
    12-21 12:36 PM
    Hi,

    In another thread, IV is proposing only pushing filing 485 before priority date. I try to understand what the benefits are by filing it. For one thing, you can switch jobs after 6 months? How about setting up your own consulting company?

    Regards,
    My understanding is you can setup business even with your H1 status, and has no dependency on 485.



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  • IneedAllGreen
    09-22 10:45 PM
    I would suggest to stay with your employer and get your I-140 done through premium processing . Once I-140 done then transfer H1B with new employer and start new GC processing too.

    I highly appreciate your advice. It sads that you had to go throught GC process so many times. In fact this is my third I-140 too. The first two never got approved due to silly administartive errors on employers part ( old check and job notice at wrong site) and I had to abandon them.

    One of the other fix I have is : if I should leave my present job or not , as my fear of loosing job might just be in mind. I am wondering, if worse comes to worse and if I loose job with an approved I-140, will I be able to secure job with another employer and use this I-140 to get an extension. I am a Physical Therapist and EB-2 positions are hard to come by in the state I am in. I want to take the risk to stay with this employer and take my chances. But I also want to have a back plan ( premium processing I-140).I dont know if it can work. Please share your thoughts.





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  • needhelp!
    11-05 06:27 PM
    ..



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  • vin13
    01-13 12:16 PM
    You can have 2 different applications for PERM from different prospective employers. It is just like filing for 2 different H1-B visas.

    I believe, typically you apply for I-485 with one employer. So until then having multiple PERM or I-140 should be OK.

    I do not have any personal experience with multiple filing.





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  • roseball
    02-20 06:35 PM
    It is not a Valid Birth Certificate for USCIS

    Just an FYI, I applied my wife's I-485 with the Birth Certificate issued by Indian Embassy in Houston, TX....I went there personally and got it issued the same day...They issue it based on the DOB in your passport...Then later I got her BC done from the local municipality along with affidavits from her parents...I sent them to my attorney and he said he will only send them to USCIS if they send a RFE asking for the same.....He said its of no use to mail them without an RFE as they will lose them.....My PD is EB-3 India Nov 2003, and I haven't received any RFE so far regarding her BC...



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  • ayaskant
    01-31 11:08 PM
    Hi,
    I came to US on h1b in 2007.
    I got my labor substituted in 2007 in EB3. My priority date is December 2004.
    I got my 140 approved in january 2008. Its been 2 yrs since.
    I dont have EAD.
    I dont know when the date will be current. But the problem is,
    My client wants me to join their company. Can I leave my current company and still maintain my priority date. Do h1b companies normally cancel the i140 if employees leave.
    if i join the new company I am planning to start GC in EB2 again. Is it wise to do so. Can I port my Priority date. Or should I stick onto my existing employer.
    How much time its taking now a days to get the Labor and 140 in EB2.
    ANy help and advice in this regards will be very much appreciated
    ak





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  • riva2005
    05-21 06:01 PM
    But what if some amendment convert 90K to 190K ? Will IV support the bill then? I think the entire bill is not that bad we can swing it into our favor by changing few details :)


    Yes, I guess they have to then. If your problems are taken care of, then you would support the bill. Wouldnt you?

    If you remember last year...Sen. Cornyn was opposed to S 2611 before it was dabated. And he was opposed to it even after amendments and debate were over. He voted against S. 2611. However, he still put SKIL amendments even though he was against the bill before he inserted his amendment and after.

    Like I said, if you cannot take a position, how can you even justify reason for amendments? The very reason to offer amendments is disagreement with the current form. If you support this bill, you might as well say "Thanks for sticking it to us and giving away GCs to Y visa holders and untested merits system at our expense. We love to get screwed and we support this bill".

    Its not like that the powers to be would take it as an offence and block our amendments. This is the US senate. Not a bunch of prickly teenagers. You can work together with people even if you fundamentally disagree with them.



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  • 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





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  • drirshad
    06-22 05:46 AM
    Be fast u only got a month ....

    Get in touch with a good attorney, call shusterman.com and get an hour of consultation charges for u.

    Tell him the situation, give him the two options. He will point you in the right direction. Remember July is the only month you have a chance. August and retrogress can kick in for Indians.

    Let me add one more option to the above 2. Talk to your employers thru whom you got the approved I-140 and ask them to allow you file the I-485 since GC is for future employment u don't have to be working for them for filing I-485 now once 6 months are over with the 485 filed you can port it to ur current employer. Email me if u have questions dr_irshad2001@yahoo.com

    Good luck & hurry ...



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  • PresidentO
    02-07 12:37 PM
    Hi! I am on a H1 - B visa and had a question. If I marry someone from my home country India and she is working out there as a physiotherapist, can she come here and start practicing immediately or she needs to give some exams and do I need to file her H1 - B in the quota opening in April or is she outside the quota?

    Please update your profile to reflect your Labor cert/I-140/ I-485 status and I will answer your Q in detail.





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  • sgX05
    02-17 08:30 AM
    Another update on 485 today after it was transferred to TSC...

    "The I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS was transferred and is now being processed at a USCIS office."



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  • BharatPremi
    11-05 09:54 AM
    /\/\/\/\/\/\/\





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  • perm2gc
    11-09 04:33 PM
    Your Approval Notice is sent to the attorny not to you.If the current one you have is original one from attorney then your wife has to out of country immediately and enter with I94 ...Please note I94 is the one that determines you status in this country...





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  • gps001
    02-23 02:34 PM
    Hi,

    1. I have my I-140 approved, applied for I-485 and have EAD/AP
    2. Spouse has her own H1-B, and applied for I-485, based on my I-140, and has EAD/AP
    3. Both have 6 years of H1-B expiring later this year (both from different companies)

    I can extend my H1-B based on pending applications.
    QUESTION 1: Can my wife extend her H1-B (beyond 6th year) based on her pending I-485?


    My present H1-B expires in November, but I will probably get my new H1-B renewed by June. I intend to travel in September. I don't intend to go for visa stamping and not use my AP. This is because I have a valid stamp until November.

    Question: When I am at the port of entry, I will have my old H1-B valid for 2 more months and also the visa stamp valid for 2 more months, but a new H1-B I-797 is already approved. Will this cause a problem?


    Thanks.





    go_guy123
    09-09 09:38 AM
    Words in CIR are supporting high skilled. At the same time Schumer mentioned that they will not allow companies to replace Americans with lower wage foreign workers. You can easily get the meaning of it. First CIR need to be introduced. And it needs to seen What CIR will offer for high skilled immigrants. Many lobbying groups waiting with laundry list of demands for them. Basically every group wants unlimited guest workers and green cards. Someone in congress has to take leadeship initiatives without politics and without any bias. Then only CIR is feasible

    If you see the political realities, Obama has lost a lot of political capital on health care.
    Plus something I mentioned before: Schumer is a senator. CIR faces main opposition
    in the Congress and not Senate.

    You are right that many interest groups are lobbying for themselves. That is where EBs are at a disadvantage.
    Just check www.ilw.com. Everyday there are articles wailing the plight of illegals but not a peep about
    skilled immigrants.





    noida123
    03-14 01:43 PM
    Indian Banks are not obligated to report interest Income and send a 1099 as they are not bound by US Laws. Citi sends it since it is a US Bank



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