i4u
12-22 10:07 AM
permfiling have you got your gc? approved and waiting for the card?
Trying to figure out if all the eb2 05 filers are cleared.
Trying to figure out if all the eb2 05 filers are cleared.
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Beta_mle
02-19 09:04 PM
I am starting my 10th year on H1 Visa, and thus my company has renewed a few times already. On one of those instances, through ignorance I suppose, my H1 was renewed but my dependents were not. There was an assumption, which I now understand to be wrong, that my renewal would cover my dependents as well. Since after that we have renewed for all of us successfully.
One of the dependents, the wife, traveled out of the country and re entered with a H4 Stamp, which I understand cures her status. My son, however has never done this. We all have I-485's pending and I am worried about what that means for him. I am thinking of travelling out of the country, like Canada, to get our visas stamped and re - enter on the H status.
Question is: Is there any risk in that? If we go to, say Toronto to get the visa renewal, is there any chance that they would deny him? We have the 797 approvals for all of us. The last thing I want is to get stuck outside the country. I have reason to believe we have been pre adjudicated, if this means anything, and it is possible that if I do nothing it would all work out. However, I do not want to take chances with my kid's future.
Any one have any insight? Would going to Canada and returning on H4 cure his status? And are there any risks to this strategy? Thanks for the insight.
One of the dependents, the wife, traveled out of the country and re entered with a H4 Stamp, which I understand cures her status. My son, however has never done this. We all have I-485's pending and I am worried about what that means for him. I am thinking of travelling out of the country, like Canada, to get our visas stamped and re - enter on the H status.
Question is: Is there any risk in that? If we go to, say Toronto to get the visa renewal, is there any chance that they would deny him? We have the 797 approvals for all of us. The last thing I want is to get stuck outside the country. I have reason to believe we have been pre adjudicated, if this means anything, and it is possible that if I do nothing it would all work out. However, I do not want to take chances with my kid's future.
Any one have any insight? Would going to Canada and returning on H4 cure his status? And are there any risks to this strategy? Thanks for the insight.
amsgc
01-22 10:08 PM
You shouldn't confuse porting I-140 using AC21 and H-1B - these are two different things.
You can start working for a new employer - using EAD or H-1B, while your I-485 is pending.
When people say that they have used AC21, they usually mean that they are using the provisions in AC21 (clarified by the Yate's memo), to port their I-140 to a new employer after 180 days of applying for I-485.
What do yo mean by siwtching employer using AC-21 and again H1B status? Do you mean that you have a H1B with the new company? In that case isnt that just a H1B transfer? noa Ac021 switch?
You can start working for a new employer - using EAD or H-1B, while your I-485 is pending.
When people say that they have used AC21, they usually mean that they are using the provisions in AC21 (clarified by the Yate's memo), to port their I-140 to a new employer after 180 days of applying for I-485.
What do yo mean by siwtching employer using AC-21 and again H1B status? Do you mean that you have a H1B with the new company? In that case isnt that just a H1B transfer? noa Ac021 switch?
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maverick_joe
02-12 02:24 PM
I've been trying to find out the same info for a while now. Has anyone been successful trying to make use of cross chargeability? I had read sometime back that when you file for ur 485 you could provide a covering letter to say "Please consider Cross Chargeability", but isnt there a better way of doing it?
Jonty,
But the question is how do we change it when I-485 has already been applied. Is there a form for it? Or just a letter with what details attached?
Regards,
Anurag
Jonty,
But the question is how do we change it when I-485 has already been applied. Is there a form for it? Or just a letter with what details attached?
Regards,
Anurag
more...
greyhair
04-21 11:45 AM
I did try to get into it so that i can start an effort to file a lawsuit but it seems after spending couple of hundread dollars to talk to lawyers I came across that federal courts have no power to do anything against USCIS if it is ineffeciency due to beurocracy delays.
So Technically you can file a lawsuit even as an individual but then Federal Court wont be able to held USCIS accountable as USCIS will give excuse as beurocracy delays and lack of resources and that lands on Congress so Federal court will have to get Congress involved.
Very Sad ... but its true ... this is a clean example how unfair this country is and it still preaches other countries on this planet about liberty, justice blah blah ...
Look at the bright side. Now you can sue US Congress. When is that lawsuit coming up? Please keep us posted.
So Technically you can file a lawsuit even as an individual but then Federal Court wont be able to held USCIS accountable as USCIS will give excuse as beurocracy delays and lack of resources and that lands on Congress so Federal court will have to get Congress involved.
Very Sad ... but its true ... this is a clean example how unfair this country is and it still preaches other countries on this planet about liberty, justice blah blah ...
Look at the bright side. Now you can sue US Congress. When is that lawsuit coming up? Please keep us posted.
Scythe
11-29 02:34 AM
Gah, I knew it! :deranged:
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radhagd
03-09 04:01 PM
There is no premium processing for Labour. but you can premium process your I140 and file I485 together since your dates are current. The reason why I suggested Consular processing is because it will be much faster like within 6 months you will get GC.
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gcdreamer05
11-10 02:11 PM
Hi forum users,
My wife is on h4 visa and we have found a volunteering position for a profit company.
Is it legal for people on h4 visa to volunteer (meaning not getting paid any type of salary) for a profit making company.
You may ask why we are doing this, if we dont make money, we are doing this to gain experience here.
So that once we get our EAD we can use it to work.
Does any one have any information about this. Because it is not a non-profit company it is a profit making company.
The field is not IT , it is drug and pharmaceutical related and is mainly bio-tech.
Thanks.
My wife is on h4 visa and we have found a volunteering position for a profit company.
Is it legal for people on h4 visa to volunteer (meaning not getting paid any type of salary) for a profit making company.
You may ask why we are doing this, if we dont make money, we are doing this to gain experience here.
So that once we get our EAD we can use it to work.
Does any one have any information about this. Because it is not a non-profit company it is a profit making company.
The field is not IT , it is drug and pharmaceutical related and is mainly bio-tech.
Thanks.
more...
harrydr
01-06 08:05 AM
Please advise if 5.5+ years of experience and an Advanced degree in Electronics would qualify me for porting me from EB2 to EB1. I have been waiting to file for my I-140 over an year now but things aren't looking anywhere near to it.
So just wanted to understand if this was even legally possible.
So just wanted to understand if this was even legally possible.
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rhdiln
06-06 03:23 PM
I was associated with allied informatics for 4 years. My experience is very bad with company. Please be careful. they are bunch of bad people.
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CRAZYMONK
07-20 03:24 PM
Did you guys (@Sanjay, @linuxra, @Suvendra, @Optimizer) hear any thing back from USCIS? Any updates on your Case?
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admin
04-02 03:08 PM
Rajatish,
Please take a look at our National Interest Fact Sheet.
http://immigrationvoice.org/index.php?option=com_content&task=view&id=71&Itemid=36
Please take a look at our National Interest Fact Sheet.
http://immigrationvoice.org/index.php?option=com_content&task=view&id=71&Itemid=36
more...
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lskreddy
04-12 09:51 AM
Can you not reply anonymously? If you couldn't, if you respond, I don't think they would put your existing application in jeopardy if you respond truthfully. You certainly have a good reason to move and they seem to already know that.
If you are worried, why don't you wait until your H1's approved and then respond? Its never too late to report these scumbags and you would be doing a service to others who might fall trap.
If you decide to not report, I totally understand. It is fair to feel queasy with anything related to immigration here.
If you are worried, why don't you wait until your H1's approved and then respond? Its never too late to report these scumbags and you would be doing a service to others who might fall trap.
If you decide to not report, I totally understand. It is fair to feel queasy with anything related to immigration here.
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ebizash
07-24 05:06 PM
Sanjay:
Most likely you will not have to do anything further and your application will be approved when the Visa Bulletin reaches your priority date. However it will depend on how long it is before that date is reached. you may have to be fingerprinted again, as the fingerprint checks are only valid for 18 months. Also, if the wait is long enough, USCIS may want you to go for another interview to make sure you are still eligible.
I heard contrary to what you mentioned about the fingerprints being valid only for 18 months. I think someone had posted a document from USCIS site that said that they have digitized FPs and can reuse them without having to do fingerprinting every 18 months. I will try to search for that document and will post if I find it
Most likely you will not have to do anything further and your application will be approved when the Visa Bulletin reaches your priority date. However it will depend on how long it is before that date is reached. you may have to be fingerprinted again, as the fingerprint checks are only valid for 18 months. Also, if the wait is long enough, USCIS may want you to go for another interview to make sure you are still eligible.
I heard contrary to what you mentioned about the fingerprints being valid only for 18 months. I think someone had posted a document from USCIS site that said that they have digitized FPs and can reuse them without having to do fingerprinting every 18 months. I will try to search for that document and will post if I find it
more...
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H1B2GC
10-01 10:39 AM
Here are my thoughts, I-485 application is accepted by USCIS based on priority date set by DOS in order to distribute available visa per country violating the basics "All men should be treated equally".
Remember, the rules are made by the system not for itself.
Remember, the rules are made by the system not for itself.
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pappu
05-31 04:33 PM
After seeing United to Secure America's lobbying expenses- 600K, I feel we are very lucky to have achieved so much within a meagre amount. I am sure lobbying is very expensive and there was no way we could have hired a firm. We should thank QGA to have agreed to help us out.
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brij523
02-17 10:10 AM
Test Siganture
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makemygc
07-20 03:28 PM
I sent in form G-325 for both me and my wife along with my I-485 instead of the G-325A as required on I-485 instructions by oversight. What do you guys recommend I do? Should I send in a new application or just send in the G-325A form with a letter stating the issue? Please help.
Yes, it's definitely a issue. Talk to your lawyer immediately.
Even though the form looks similar, G-325A requires 4 copies where G-325 has only 2 copies. I was almost about to make the same mistake.
Yes, it's definitely a issue. Talk to your lawyer immediately.
Even though the form looks similar, G-325A requires 4 copies where G-325 has only 2 copies. I was almost about to make the same mistake.
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uma001
02-01 01:31 PM
Congrats and dont forget to continue to stay on this forum to help others if they have any questions regarding green card process
zCool
02-25 10:38 PM
Do not move to IT!
Are you crazy?? IT is indentured servitude for some desi consultant!
stay away.. there are already plenty of slaves..
Are you crazy?? IT is indentured servitude for some desi consultant!
stay away.. there are already plenty of slaves..
meridiani.planum
11-21 01:47 AM
Meridiani.planum.... Thanks for your reply....
Is the GC under EB-2 that quick? I wonder why my attorney didn't try to FIT me on EB-2... I'll definitely research my 'fitting' options as an EB-2.... now, do you know if are there hidden issues on getting a GC as an EB-2 rather than an EB-3? Or, Is a GC the same regardless the employment-based category?
There the 3 stages to the GC: PERM, I-140, i-485. PERM takes 3-4 months on an average. I-140 takes 6-12, and I-485 taeks about 6-8. So in general getting the GC can take anywhere from 1 to 2 years. HOWEVER other than USCIS delays in processing, there are two BIG catches:
- I-485 security/name check : this is an FBI background check where some percentage of people get stuck for years. Most people clear this within a month, but some unfortunate few get screwed.
- RETROGRESSION: To get the I-485 approval your priority date (the day you have filed your PERM) needs to be "current". Each month the Department of State publishes a "Visa Bulletin" indicating what dates are current. The latest bulletin is here:
http://travel.state.gov/visa/frvi/bulletin/bulletin_1360.html
Because of per-country quota's of visas, some countries are more backlogged than others. Actually only some countries have specific backlogs (India, china, mexico, philipinnes). Others are clubbed together into whats called Rest-Of-The-World (ROW) or "All Charge-ability Areas Except Those Listed".
As you can see in the bulletin for EB3-ROW they are currently assigning visa numbers to applications filed before September 2002. Meaning your 485 cannot be applied or approved until the date in the VB moves past your PERM filing date. EB2-ROW as you can see has a nice little "C" next to it. That means its "Current" meaning there is no backlog, meaning you can immediately file your 485, and if all goes well and 6 months later its still "C", you'll have your GC.
bottomline: for you moving from EB3 to EB2 changes your greencard processing time from say 7 years to 2 years.
Is the GC under EB-2 that quick? I wonder why my attorney didn't try to FIT me on EB-2... I'll definitely research my 'fitting' options as an EB-2.... now, do you know if are there hidden issues on getting a GC as an EB-2 rather than an EB-3? Or, Is a GC the same regardless the employment-based category?
There the 3 stages to the GC: PERM, I-140, i-485. PERM takes 3-4 months on an average. I-140 takes 6-12, and I-485 taeks about 6-8. So in general getting the GC can take anywhere from 1 to 2 years. HOWEVER other than USCIS delays in processing, there are two BIG catches:
- I-485 security/name check : this is an FBI background check where some percentage of people get stuck for years. Most people clear this within a month, but some unfortunate few get screwed.
- RETROGRESSION: To get the I-485 approval your priority date (the day you have filed your PERM) needs to be "current". Each month the Department of State publishes a "Visa Bulletin" indicating what dates are current. The latest bulletin is here:
http://travel.state.gov/visa/frvi/bulletin/bulletin_1360.html
Because of per-country quota's of visas, some countries are more backlogged than others. Actually only some countries have specific backlogs (India, china, mexico, philipinnes). Others are clubbed together into whats called Rest-Of-The-World (ROW) or "All Charge-ability Areas Except Those Listed".
As you can see in the bulletin for EB3-ROW they are currently assigning visa numbers to applications filed before September 2002. Meaning your 485 cannot be applied or approved until the date in the VB moves past your PERM filing date. EB2-ROW as you can see has a nice little "C" next to it. That means its "Current" meaning there is no backlog, meaning you can immediately file your 485, and if all goes well and 6 months later its still "C", you'll have your GC.
bottomline: for you moving from EB3 to EB2 changes your greencard processing time from say 7 years to 2 years.
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