umndude
06-17 03:19 PM
Let's say there is a problem. What can you do to fix it? You want to start GC fresh?
Relax... I have seen many people who bought PDs from consultants paying 10k and got GCs too. Don't worry. If you post these kind of threads, it make people waiting for years more frustrating. Be happy for your luck. Go chill. Don't keep saying you are afraid and all.
I can empathize. I might me more luckier than you, and there are people *luckier* than me. (You know what I mean..) But, if for some reason I don't get my GC, and you get your GC in a few years, me being lucky to start with is of no use. Nothing is sure till GC is on-hand for anyone.
So, I would appreciate if someone could let me know if there are any disadvantages process-wise when it comes to I-485 adjudication on a pre-approved labor.
Thanks.
Relax... I have seen many people who bought PDs from consultants paying 10k and got GCs too. Don't worry. If you post these kind of threads, it make people waiting for years more frustrating. Be happy for your luck. Go chill. Don't keep saying you are afraid and all.
I can empathize. I might me more luckier than you, and there are people *luckier* than me. (You know what I mean..) But, if for some reason I don't get my GC, and you get your GC in a few years, me being lucky to start with is of no use. Nothing is sure till GC is on-hand for anyone.
So, I would appreciate if someone could let me know if there are any disadvantages process-wise when it comes to I-485 adjudication on a pre-approved labor.
Thanks.
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pd_recapturing
08-22 05:07 PM
I sent u another PM, pls respond whenever u get a chance.
Appu
04-08 05:56 PM
I am not sure why you think Sensenbrenner will be receptive to the problems of legal immigrants. Here's a summary of the legal immigration clauses he put in HR4437 - they are not there by accident:
http://www.immigrationforum.org/documents/PolicyWire/Legislation/SenseKingGlance.pdf
Make it harder for legal permanent residents to become citizens. Legal immigrants who have waited
patiently for the chance to become U.S. citizens may have their dreams dashed by this bill. It would:
� Allow government bureaucrats to deny citizenship to any legal permanent resident on a whim;
� Permit the government to keep the reason for that denial a secret;
� Eliminate a judge�s power to override a mistake DHS made in denying citizenship; and
� Change the rules of the game so that long-time legal permanent residents can be barred from citizenship
and deported, even if they were never convicted of a crime or it was a minor offense from decades ago.
http://www.immigrationforum.org/documents/PolicyWire/Legislation/SenseKingGlance.pdf
Make it harder for legal permanent residents to become citizens. Legal immigrants who have waited
patiently for the chance to become U.S. citizens may have their dreams dashed by this bill. It would:
� Allow government bureaucrats to deny citizenship to any legal permanent resident on a whim;
� Permit the government to keep the reason for that denial a secret;
� Eliminate a judge�s power to override a mistake DHS made in denying citizenship; and
� Change the rules of the game so that long-time legal permanent residents can be barred from citizenship
and deported, even if they were never convicted of a crime or it was a minor offense from decades ago.
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Berkeleybee
05-17 01:08 PM
All,
As we wait for the Senate debate to move along, I know there is a great deal of restlessness and a desire to have something, anything happen. A need for reassurance that something will happen fast, or that provision X will be signed into law by ZZZ date.
I am starting this thread for such questions. Otherwise we have an ever proliferating set of threads with very specific questions like "can we have provision X become its own bill and have it signed by next Friday so I can go home and stop worrying?":)
I will move such posts in to this thread.
We will do our best to answer these questions. Hang in there, keep heart.
best,
Berkeleybee
As we wait for the Senate debate to move along, I know there is a great deal of restlessness and a desire to have something, anything happen. A need for reassurance that something will happen fast, or that provision X will be signed into law by ZZZ date.
I am starting this thread for such questions. Otherwise we have an ever proliferating set of threads with very specific questions like "can we have provision X become its own bill and have it signed by next Friday so I can go home and stop worrying?":)
I will move such posts in to this thread.
We will do our best to answer these questions. Hang in there, keep heart.
best,
Berkeleybee
more...
chanduv23
09-10 07:54 AM
Though there are companies that do have ethics - most of these people have exploited their employees and continue to behave unethically - they drive expensive cars and behave with arrogance on face of their employees who are working hard and earning for these cayotes.
These cayotes have this love affair with Attorneys - and they have this common protocol on how to handle their employee.
As long as the community is scared - wants to lie low and not want to rise - we will still be in this situation.
IV HAS PROVIDED AN EXCELLENT PLATFORM FOR ALL THE PEOPLE TO COME FORWARD.
I would recommend that IV members who are affected by such cayotes must utilize the resources IV has provided and try to get more media attention.
I encourage people to do youtube videos using hidden cameras when their employers are trying to talk or do dirty deals.
Write blogs, make all this visible.
These cayotes have this love affair with Attorneys - and they have this common protocol on how to handle their employee.
As long as the community is scared - wants to lie low and not want to rise - we will still be in this situation.
IV HAS PROVIDED AN EXCELLENT PLATFORM FOR ALL THE PEOPLE TO COME FORWARD.
I would recommend that IV members who are affected by such cayotes must utilize the resources IV has provided and try to get more media attention.
I encourage people to do youtube videos using hidden cameras when their employers are trying to talk or do dirty deals.
Write blogs, make all this visible.
makemygc
09-19 07:21 PM
Hi Joozz,
I've faced a similar situation. My H1B was issues in Nov 2000 and I also changed employer 2 times and joined by current company in Mar 2005. As a part of H1 transfer, my visa got extended until Mar 2008, whereas my 6 year expires in Nov 2006. In April 2006, since we knew that actualy visa expiration date is Nov 2006, my employer's attorney's filed for H1 extension based on my pending labor with my current company and also clearly stating in the application that my H1 extension for 8 years is a mistake from USCIS part.
Though USCIS has not responded admitting their mistake, but I've got 1 year H1 exntesion until Nov 2007. So even though I've lost 1 year added advantage but I got my piece of mind. My company will file for 3 years extension, once we get I-140 approved.
Hope this helps,
MakeMyGC
Hi guys,
Is there anyway somebody can give me an advice what to do?
My first H1B was issued in December 2000, then I changed employer 2 times and joined my current company in January of 2005. My current employer got my visa transferred and new visa was issued till April 2006. In March my employer sent another petition for H1B extension and this petition was approved in June 2006 and it says its valid till October 2008. It means totally I can stay on H1B almost 8 years? It seems to me its some sort of clerical mistake and I am not sure that I do not violate any immigration law staying here.
Here is another thing that confuses me even more. My current employer started my GC on EB3 though. In January 2006 the employer filed I140 that has been approved May 15 2006. Even though, we did not file any additional requests (I heard I can extend H1B for 3 years with approved 140) I am wondering if USCIS figured it by themselves when they were approving my H1B petition.
Recently I have got decent job offer from another employer that willing to transfer my H1B and start my GC from the beginning. Will it be a huge risk to accept this job offer?
I am sorry for asking it here. We do not have a layer for GC procedure. I was trying to find one that can clarify my situation but layers who I found did not want to give me a legal advice even I was ready to pay for it. They were demanding $1000 retainer prior any work done.
Thanks in advance.
I've faced a similar situation. My H1B was issues in Nov 2000 and I also changed employer 2 times and joined by current company in Mar 2005. As a part of H1 transfer, my visa got extended until Mar 2008, whereas my 6 year expires in Nov 2006. In April 2006, since we knew that actualy visa expiration date is Nov 2006, my employer's attorney's filed for H1 extension based on my pending labor with my current company and also clearly stating in the application that my H1 extension for 8 years is a mistake from USCIS part.
Though USCIS has not responded admitting their mistake, but I've got 1 year H1 exntesion until Nov 2007. So even though I've lost 1 year added advantage but I got my piece of mind. My company will file for 3 years extension, once we get I-140 approved.
Hope this helps,
MakeMyGC
Hi guys,
Is there anyway somebody can give me an advice what to do?
My first H1B was issued in December 2000, then I changed employer 2 times and joined my current company in January of 2005. My current employer got my visa transferred and new visa was issued till April 2006. In March my employer sent another petition for H1B extension and this petition was approved in June 2006 and it says its valid till October 2008. It means totally I can stay on H1B almost 8 years? It seems to me its some sort of clerical mistake and I am not sure that I do not violate any immigration law staying here.
Here is another thing that confuses me even more. My current employer started my GC on EB3 though. In January 2006 the employer filed I140 that has been approved May 15 2006. Even though, we did not file any additional requests (I heard I can extend H1B for 3 years with approved 140) I am wondering if USCIS figured it by themselves when they were approving my H1B petition.
Recently I have got decent job offer from another employer that willing to transfer my H1B and start my GC from the beginning. Will it be a huge risk to accept this job offer?
I am sorry for asking it here. We do not have a layer for GC procedure. I was trying to find one that can clarify my situation but layers who I found did not want to give me a legal advice even I was ready to pay for it. They were demanding $1000 retainer prior any work done.
Thanks in advance.
more...
ash27
04-01 01:21 PM
Is there any clause that for AC-21 to be valid, a full time offer is required? The offer letters provided by companies like TekSystems are more contract based and you basically get paid/hour.
Please advice!
Please advice!
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vedicman
01-20 01:46 PM
Any EB3 here?
Famous American Immigrants � Immigration Update (http://immigrationupdate.wordpress.com/famous-american-immigrants/)
Even your link does not provide which category these immigrants came from - possibly because employment category did not exist, they came early in childhood with parents......
Besides stop creating the rift between the categories in this forum!
Einstein - Germany
Madeleine Albright: Czechoslovakia
John Muir: Scotland
Joseph Pulitzer Hungary
Felix Frankfurter: Austria
Martina Navratilova: Czechoslovakia
Irving Berlin: Russia
Saint Frances X. Cabrini: Italy
Mary Harris Jones: Ireland
Edward M. Bannister: Canada
Rita M. Rodriguez: Cuba
Ieoh Ming Pei: China
Subranhmanyan Chandrasekhar: India
David Ho: Taiwan
Ang Lee: Taiwan
Hakeem Olajuwon: Nigeria
Famous American Immigrants � Immigration Update (http://immigrationupdate.wordpress.com/famous-american-immigrants/)
Even your link does not provide which category these immigrants came from - possibly because employment category did not exist, they came early in childhood with parents......
Besides stop creating the rift between the categories in this forum!
Einstein - Germany
Madeleine Albright: Czechoslovakia
John Muir: Scotland
Joseph Pulitzer Hungary
Felix Frankfurter: Austria
Martina Navratilova: Czechoslovakia
Irving Berlin: Russia
Saint Frances X. Cabrini: Italy
Mary Harris Jones: Ireland
Edward M. Bannister: Canada
Rita M. Rodriguez: Cuba
Ieoh Ming Pei: China
Subranhmanyan Chandrasekhar: India
David Ho: Taiwan
Ang Lee: Taiwan
Hakeem Olajuwon: Nigeria
more...
smisachu
06-08 03:28 PM
Hi
I wanted to know how long it took for I-140 approval. I also got Labor by PERM filed in Dec05 and will be filing I-140, EB2.
Thanks
I wanted to know how long it took for I-140 approval. I also got Labor by PERM filed in Dec05 and will be filing I-140, EB2.
Thanks
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Rishi123
11-09 12:23 PM
Dear Friends :
Appreciate if you could provide some insight to my situation.
I had filed my labor certification from company (A) ( Based on future employment ) .
PD Sep/04
I did not work for the company (A)
My labor certification has got approved and now I am preparing to file I-140.
In the mean while my current employer (B) had approved to file my GC- ( PERM labor ) will get it filed in beginning of 2007.
Should I file my I-140 from company (A) in order to retain PD...I am told that once the I-140 gets approved from (A ) the priority date can get transferred to the company B when ever that I-140 stage reaches.
Is this a recommended course ? would there be flags raised when I file PERM labor & subsequent I-140 for company (B)..I came across items on the I-140 form that asks " has any Immigration visa petition ever being filed behalf of this person"..Not sure what are the implications if one confirms the same.
I am not able to get a clearer picture.
You help will be highly appreciated
Rishi
Appreciate if you could provide some insight to my situation.
I had filed my labor certification from company (A) ( Based on future employment ) .
PD Sep/04
I did not work for the company (A)
My labor certification has got approved and now I am preparing to file I-140.
In the mean while my current employer (B) had approved to file my GC- ( PERM labor ) will get it filed in beginning of 2007.
Should I file my I-140 from company (A) in order to retain PD...I am told that once the I-140 gets approved from (A ) the priority date can get transferred to the company B when ever that I-140 stage reaches.
Is this a recommended course ? would there be flags raised when I file PERM labor & subsequent I-140 for company (B)..I came across items on the I-140 form that asks " has any Immigration visa petition ever being filed behalf of this person"..Not sure what are the implications if one confirms the same.
I am not able to get a clearer picture.
You help will be highly appreciated
Rishi
more...
smarth
02-01 09:42 AM
congratulations...
We r sill waiting for GC, no idea when I will give message "Received GC"...:-)
We r sill waiting for GC, no idea when I will give message "Received GC"...:-)
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BharatPremi
12-07 11:59 AM
Hi!
I have a question about wether a person with US Masters can qualify for EB1 category? Please comment.
I know generally people with such qualification fall into EB2 category. However, does years of expereience and say Patents qualify you to be considered as EB1?
Thanks for reading this thread and commenting.
In theory, About our own "genuine" educational qualifications We can all discuss this all our life. BUT our educational qualification is SECONDARY for any EB based GC process. The first and foremost qualification is your employer
"should have such a position where EB1/2/3 hiring is must" OR be willing to "create such job position". Then your "Genuine" or "Created" educational qualification and/or "prior work experience" comes into play.
So it is possible that you may come across more advanced people rotting in Eb3 category as they might have choosen "Genuine" way and their employer "could have only Eb3 requirement" while s/he had to file GC and "not willing to create" any acomodative position/s.
And you may also be able to see dumb ones as far as "Genuine educational qualification" is concerned but street smart already having GC based on EB1/2 and perhaps sarcasticlly laughing towards us. Now that does not necessarily mean all EB1/2 are dumb ones and street smart OR viceaversa. And that does not mean all EB3 are "genuine ones" and Viceaversa.
Frustrating? Isn't it? Welcome to the GC world.. Bottomline, it is all about what your "Employer wishes and how s/he wants to proceed and what level s/he can accomodate your "needs" "....
I have a question about wether a person with US Masters can qualify for EB1 category? Please comment.
I know generally people with such qualification fall into EB2 category. However, does years of expereience and say Patents qualify you to be considered as EB1?
Thanks for reading this thread and commenting.
In theory, About our own "genuine" educational qualifications We can all discuss this all our life. BUT our educational qualification is SECONDARY for any EB based GC process. The first and foremost qualification is your employer
"should have such a position where EB1/2/3 hiring is must" OR be willing to "create such job position". Then your "Genuine" or "Created" educational qualification and/or "prior work experience" comes into play.
So it is possible that you may come across more advanced people rotting in Eb3 category as they might have choosen "Genuine" way and their employer "could have only Eb3 requirement" while s/he had to file GC and "not willing to create" any acomodative position/s.
And you may also be able to see dumb ones as far as "Genuine educational qualification" is concerned but street smart already having GC based on EB1/2 and perhaps sarcasticlly laughing towards us. Now that does not necessarily mean all EB1/2 are dumb ones and street smart OR viceaversa. And that does not mean all EB3 are "genuine ones" and Viceaversa.
Frustrating? Isn't it? Welcome to the GC world.. Bottomline, it is all about what your "Employer wishes and how s/he wants to proceed and what level s/he can accomodate your "needs" "....
more...
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dngoyal
07-27 05:10 PM
hello rolrblade
Thanks for all this,
in the last you have said,
"Also the email from you is "legal authorization" to sign"
But in my case email is not attached with the application.
as I sent mail after filing the application.
is it OK?/
Thanks for all this,
in the last you have said,
"Also the email from you is "legal authorization" to sign"
But in my case email is not attached with the application.
as I sent mail after filing the application.
is it OK?/
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seba
09-24 03:29 PM
GreenTech, that's a good question. I am considering to transfer to offices in Asia or Europe next year and then attend B-school in the US after 2 years. That way, once I graduate, I will also at least have the option to get another 6-year H1 in the US.
thepaew, thanks for the advice. I have been thinking about this for a while, and my options are:
1) Start the GC process now and wait until I get the GC. Then think about B-school after I get the GC (I am not interested in part-time programs).
2) Forget the GC process and transfer to Europe or Asia next year and then attend B-school in the US after a few years.
Personally for me, having an MBA in 5 years is more valuable than having a GC in 5 years, so I am leaning towards option 2 above. However, if I don't get into B-school, then that's another story... I would probably transfer back to the US on L1 and start the GC process. At that point, I would apply under EB2 anyway with my Bachelor's and 5+ years experience.
Thanks again everyone for the replies and advice. And yes, of course you are not lawyers, but your help is still very useful. During my H1 renewal process, I got more useful info from here than from my company's lawyer!
thepaew, thanks for the advice. I have been thinking about this for a while, and my options are:
1) Start the GC process now and wait until I get the GC. Then think about B-school after I get the GC (I am not interested in part-time programs).
2) Forget the GC process and transfer to Europe or Asia next year and then attend B-school in the US after a few years.
Personally for me, having an MBA in 5 years is more valuable than having a GC in 5 years, so I am leaning towards option 2 above. However, if I don't get into B-school, then that's another story... I would probably transfer back to the US on L1 and start the GC process. At that point, I would apply under EB2 anyway with my Bachelor's and 5+ years experience.
Thanks again everyone for the replies and advice. And yes, of course you are not lawyers, but your help is still very useful. During my H1 renewal process, I got more useful info from here than from my company's lawyer!
more...
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Appu
04-02 10:31 PM
So if (for example) an H1B worked in the US for a few weeks before their visa became available, are they technically eligible for this? Or perhaps they were out of status for a week or two between jobs? I'm sure many H1's might have been in this situation. It's unclear who this applies to.
Yep, my thinking, exactly. Also, people going between F1 and H1 or between H1 and H4 could all claim a few weeks or months of "undocumented" status.
I just read the Specter amendments to 2454 and I can't see where in 218D or 602 it says the alien must have been here illegally. Can someone quote that part? All I can see is this requirement in 601.
`(1) PRESENCE; EMPLOYMENT.--The alien establishes that the alien--
``(A) was physically present in the United States before January 7, 2004; and
``(B) was employed in the United States before January 7, 2004, and has been employed in the United States since that date.
That's right, it doesn't. I have enquired my lawyer about this. She'll get back to me on Tuesday. I will post more information then.
Yep, my thinking, exactly. Also, people going between F1 and H1 or between H1 and H4 could all claim a few weeks or months of "undocumented" status.
I just read the Specter amendments to 2454 and I can't see where in 218D or 602 it says the alien must have been here illegally. Can someone quote that part? All I can see is this requirement in 601.
`(1) PRESENCE; EMPLOYMENT.--The alien establishes that the alien--
``(A) was physically present in the United States before January 7, 2004; and
``(B) was employed in the United States before January 7, 2004, and has been employed in the United States since that date.
That's right, it doesn't. I have enquired my lawyer about this. She'll get back to me on Tuesday. I will post more information then.
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nixstor
12-01 05:19 PM
I dont think you can amend the labor petition's job description. You may have to file new labor again for new description.
If I may ask, why are you so worried about job desc of labor and your everyday duties. Really, if they have changed a little bit, its not a big deal.
There is a lot of overlap between what programmers do, what programmers/analysts do and what Business analysts do. I know a lot of business analysts who at times write their own code and a lot of programmers who document stuff - kind of documentation that BAs do.
People who adjudicate cases at USCIS are not really IT guys who can differentiate between fine nuances like BA, programmers etc.
Then again, we dont know much about your case, better talk to a lawyer if you are still not comfortable with your situation. Forums are not an alternate to professional legal advice. Be careful before you act on advice from forums. No one here is lawyer and no one here knows the full case. Spending 200 dollars to get the right legal advice when making important decisions is worth every penny.
You can also submit your question for the free legal advice program we have (see the homepage) and your question would be taken up.
My job duties haven't changed a lot. I hear what you are saying. I sent an email to the lawyer asking what kind of issue I might have if any. She is out of town for a week unfortunately. I just wanted to get some input mean while.
If I may ask, why are you so worried about job desc of labor and your everyday duties. Really, if they have changed a little bit, its not a big deal.
There is a lot of overlap between what programmers do, what programmers/analysts do and what Business analysts do. I know a lot of business analysts who at times write their own code and a lot of programmers who document stuff - kind of documentation that BAs do.
People who adjudicate cases at USCIS are not really IT guys who can differentiate between fine nuances like BA, programmers etc.
Then again, we dont know much about your case, better talk to a lawyer if you are still not comfortable with your situation. Forums are not an alternate to professional legal advice. Be careful before you act on advice from forums. No one here is lawyer and no one here knows the full case. Spending 200 dollars to get the right legal advice when making important decisions is worth every penny.
You can also submit your question for the free legal advice program we have (see the homepage) and your question would be taken up.
My job duties haven't changed a lot. I hear what you are saying. I sent an email to the lawyer asking what kind of issue I might have if any. She is out of town for a week unfortunately. I just wanted to get some input mean while.
more...
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gsc999
01-24 11:06 PM
Hello Nor. Cal,
If we don't get going, I am afraid that we will not be able to achieve our objective, your objective.
A few motivated people can only go so far. It is unfair to think that your time is more precious than any other volunteer's time. You just might be surprised to learn from us how busy we ourselves are.
Please stand up for your rights. Don't take this campaign for granted.
If we don't get going, I am afraid that we will not be able to achieve our objective, your objective.
A few motivated people can only go so far. It is unfair to think that your time is more precious than any other volunteer's time. You just might be surprised to learn from us how busy we ourselves are.
Please stand up for your rights. Don't take this campaign for granted.
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ganam
10-03 10:02 PM
Does anybody know in what order GC will be issueed ?
Is it based on priority date or just randomly ?
Is it based on priority date or just randomly ?
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mbartosik
06-22 05:15 PM
They charge $2, blimey, that's nothing. They want to increase to $9, hey increase it to $100 and to the job properly!
If I was stuck in name check I'd happy write them a check for $900 not just $9.
This is a typical example of how doing things on the cheap is just plain stupid.
If they are going to do a name check for the 12,000,000 to 20,000,000 then how does that affect them. In computing we have to write systems that scale, I doubt their system will scale to cope with an extra 20,000,000 checks.
If I was stuck in name check I'd happy write them a check for $900 not just $9.
This is a typical example of how doing things on the cheap is just plain stupid.
If they are going to do a name check for the 12,000,000 to 20,000,000 then how does that affect them. In computing we have to write systems that scale, I doubt their system will scale to cope with an extra 20,000,000 checks.
sunny1000
02-03 05:37 PM
Hi EveryOne,
I got my Green card in mail yesterday. I want to thank IV and everyone for all the support during this GC journey. I wish everyone all the best for their green card process. I wish everyone gets to file 485 irrespective of priority dates and ultimately get their green cards. This is a question to Admin, i have a recursive donation going on, I would like to make a one time donation and stop the recursive donation.
Thanks.
Congrats ivar! Good luck and God bless.
I got my Green card in mail yesterday. I want to thank IV and everyone for all the support during this GC journey. I wish everyone all the best for their green card process. I wish everyone gets to file 485 irrespective of priority dates and ultimately get their green cards. This is a question to Admin, i have a recursive donation going on, I would like to make a one time donation and stop the recursive donation.
Thanks.
Congrats ivar! Good luck and God bless.
reddyram
07-18 12:46 PM
First of consult some American Lawyer who is close to labor law , because even lawyers act at times with some point of interest , which need not be yours . There is no such thing as a "bond" in US ( Unless you are on L1 ) so to BOMK , you are fine.
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