dilber
08-21 03:47 PM
Based on one of the core member's request, I did the research and shared the information with IV members, so that when you get the GC, you could make informed decision.
Please be optimistic. You getting GC should not be a question of “if”, it should be a question of “when and how soon”.
REQUEST ::
Please support IV and make it happen soon.
I think this thread is very informative and relevant at this time a lot of people are getting green cards and that has to be on their mind.
I did read about a case long back in 19XX there was a brink mason who came here on an EB GC and worked for his original employer for just 1 day and switched the employer sued or may be the INS charged him (Not to clear on it) but the gist is that he got his GC and courts ruled in his favor because he showed that the work promised was not the one he was asked to do the conditions were different and hence he was not bound to work in those conditions.
BTW I think this is very relevant thread gave you some green. (Actually my green turned your status from Red to Green):D
Please be optimistic. You getting GC should not be a question of “if”, it should be a question of “when and how soon”.
REQUEST ::
Please support IV and make it happen soon.
I think this thread is very informative and relevant at this time a lot of people are getting green cards and that has to be on their mind.
I did read about a case long back in 19XX there was a brink mason who came here on an EB GC and worked for his original employer for just 1 day and switched the employer sued or may be the INS charged him (Not to clear on it) but the gist is that he got his GC and courts ruled in his favor because he showed that the work promised was not the one he was asked to do the conditions were different and hence he was not bound to work in those conditions.
BTW I think this is very relevant thread gave you some green. (Actually my green turned your status from Red to Green):D
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roseball
11-10 05:26 PM
The only issue I see with using H1/H4 visa for re-entry is that if your I-485 is approved while you are outside US and you use H1/H4 for re-entry, it invalidates your GC and you have to start all over again. You either need to have your GC or an approved AP in hand when you re-enter US in this scenario...
pani_6
08-13 06:26 PM
send out the letters
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gaz
03-16 01:59 PM
Stop advertising a lawyer. I find him very speculative. He wants everyone to come to his site and you are falling for it.
stupid comments considering one could say the same about IV if looking at it from the perspective of some of the posts here.
If you have nothing nice to say, maybe saying nothing may be the nicest thing. Sometimes links like this are actually very useful - especially to people coming here for the first time (or first few times)
stupid comments considering one could say the same about IV if looking at it from the perspective of some of the posts here.
If you have nothing nice to say, maybe saying nothing may be the nicest thing. Sometimes links like this are actually very useful - especially to people coming here for the first time (or first few times)
more...
ashkam
12-10 11:10 AM
Ok I think we are reaching new heights of RIDICULOUS here. An IV member has asked a SIMPLE question about whether or not an Indian citizen needs a visa for the Bahamas.
Who the heck do we think we are to ask him/her to NOT go on that cruise and instead donate to IV?? People i know that we need to raise money and quickly, but this is really not the way to go about it. Everyone needs a vacation to recharge their batteries and spend quality time with their families. The GC is a "MEANS to the END", NOT "The END". Going by this logic, lets not do anything for the next 2-3 years. Lets not buy houses, cars, furniture etc. Lets instead contribute to IV. Besides what is to say that this person has not contributed to IV already?
Agree with eb3_nepa. Couldn't have said it better. Bullying people is usually not a very effective tool for recruitment.
Who the heck do we think we are to ask him/her to NOT go on that cruise and instead donate to IV?? People i know that we need to raise money and quickly, but this is really not the way to go about it. Everyone needs a vacation to recharge their batteries and spend quality time with their families. The GC is a "MEANS to the END", NOT "The END". Going by this logic, lets not do anything for the next 2-3 years. Lets not buy houses, cars, furniture etc. Lets instead contribute to IV. Besides what is to say that this person has not contributed to IV already?
Agree with eb3_nepa. Couldn't have said it better. Bullying people is usually not a very effective tool for recruitment.
gene77
03-03 10:01 PM
My 2nd I-140 which I wanted to use for interfiling was denied based on A2P - it is under Appeals now which will take forever; so I'm not a candidate for interfiling for the time being.
more...
reddy77
01-18 08:12 AM
Well, I beleive my company is doing well and I am in a Strong Position as of now and even we are hiring a lot ....
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skc526
05-09 08:44 AM
I disagree with waitingnwaiting. I had got 221G about 5 years back. I work for one of the fortune 500 company and had all the paperwork sent by our company's professional law firm. US embassy randomly picks application for processing. It took abt a month to get the approval. As long as the application/documentation is correct and there is nothing to worry.
I would suggest to spend more relaxed time with family or going out which we rarely get with 3-4 weeks vacation.
I would suggest to spend more relaxed time with family or going out which we rarely get with 3-4 weeks vacation.
more...
aau
08-27 04:41 PM
Guys,
I took an info pass last week to check the status of my case. Specifically to check whether the interfile is success or not. IO at USCIS office mentioned that she cannot check whether my case is in EB2 or EB3. I am surprised to hear that. Gurus any has this kind of experience?
Also, She mentioned that my case is assigned to an Officer on August 13th. Do any one has any info how many days(on average), an Office will take to approve a case. Any info. is helpful to me and all.
Overall the Field Office people were polite.
Thanks,
Thun.
EB3 INDIA:
PD: Jan 21, 2004
I-140 approved: July 2005
I-485 ND: 09/04/2007
RD: 07/03/2007
EB2: (Same Employer)
PERM: Jan 21, 2007
I-140 Approved: 07/14/2008 with PD of Jan 21, 2004.
Case Interfiled on 08/06/2008 (Attached the EB2 I-140 to the existing I-485 Application).
Hoping that interfile is success.
Yep, I got the same answer from the IO at my Infopass, when I asked about my Interfile. BTW, what process did your lawyer follow to inform USCIS about the interfile request?
PD : Oct 2005
EB3 - I140
I-485 RD 07/02/2007
EB2 - I140 , Approved 10/2007, PD : Oct 2005
Interfiled May 2008, no reply, no info.
I took an info pass last week to check the status of my case. Specifically to check whether the interfile is success or not. IO at USCIS office mentioned that she cannot check whether my case is in EB2 or EB3. I am surprised to hear that. Gurus any has this kind of experience?
Also, She mentioned that my case is assigned to an Officer on August 13th. Do any one has any info how many days(on average), an Office will take to approve a case. Any info. is helpful to me and all.
Overall the Field Office people were polite.
Thanks,
Thun.
EB3 INDIA:
PD: Jan 21, 2004
I-140 approved: July 2005
I-485 ND: 09/04/2007
RD: 07/03/2007
EB2: (Same Employer)
PERM: Jan 21, 2007
I-140 Approved: 07/14/2008 with PD of Jan 21, 2004.
Case Interfiled on 08/06/2008 (Attached the EB2 I-140 to the existing I-485 Application).
Hoping that interfile is success.
Yep, I got the same answer from the IO at my Infopass, when I asked about my Interfile. BTW, what process did your lawyer follow to inform USCIS about the interfile request?
PD : Oct 2005
EB3 - I140
I-485 RD 07/02/2007
EB2 - I140 , Approved 10/2007, PD : Oct 2005
Interfiled May 2008, no reply, no info.
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alok
04-08 07:46 PM
IV has been endorsed by Dr Vijay N Koli, President of American Association of Physicians of Indian Origin! http://www.aapiusa.org/index.aspx
American Association of Physicians of Indian Origin (AAPI) is a national organization. Founded in 1981 by a handful physicians, from its humble beginning now AAPI has emerged as premiere ethnic medical organization in the US. Today it represents more than 41,000 + physicians of Indian Origin in the US and 10,000 medical students, residents and fellows in training. Its mission is to provide forum to facilitate and enable Indian American Physicians, to excel in patient care, teaching and research and to pursue their aspirations in professional and community affairs. Its motto is Unity of Purpose, Collegiality in Action, Commitment to Excellence and compassion towards Fellow-beings. To bring to American medicine the distinctive contributions from India. Headquartered in Chicago it serves as an umbrella organization to 130 component associations.
Its legislative office in Washington D.C. coordinates advocacy efforts and has been a strong voice in the healthcare policies and legislation. Through AAPI Charitable Foundation, AAPI members support and promote philanthropic activities in India and in the US. The distinguished faculty offers medical education programs throughout year.
AAPI, under the able leadership of Dr Koli and its Legislative Director, Anurag Varma, have been helping us behind the scenes. With acceptance of this Advisory Role Dr Koli has chosen to formalize this relationship.
Dr Koli is an Internal Medicine physician who has been in practice for over 27 years in San Antonio, TX and who has ably led AAPI on some fresh initiatives. One of these involves AAPI formally providing expertise to the Indian Government in healthcare � this was formally acknowledged by the Prime Minister of India as one of the great initiatives at the latest Pravasi Bharatia Divas.
Our cause is strengthened by Dr Koli and AAPI & their blessings!
American Association of Physicians of Indian Origin (AAPI) is a national organization. Founded in 1981 by a handful physicians, from its humble beginning now AAPI has emerged as premiere ethnic medical organization in the US. Today it represents more than 41,000 + physicians of Indian Origin in the US and 10,000 medical students, residents and fellows in training. Its mission is to provide forum to facilitate and enable Indian American Physicians, to excel in patient care, teaching and research and to pursue their aspirations in professional and community affairs. Its motto is Unity of Purpose, Collegiality in Action, Commitment to Excellence and compassion towards Fellow-beings. To bring to American medicine the distinctive contributions from India. Headquartered in Chicago it serves as an umbrella organization to 130 component associations.
Its legislative office in Washington D.C. coordinates advocacy efforts and has been a strong voice in the healthcare policies and legislation. Through AAPI Charitable Foundation, AAPI members support and promote philanthropic activities in India and in the US. The distinguished faculty offers medical education programs throughout year.
AAPI, under the able leadership of Dr Koli and its Legislative Director, Anurag Varma, have been helping us behind the scenes. With acceptance of this Advisory Role Dr Koli has chosen to formalize this relationship.
Dr Koli is an Internal Medicine physician who has been in practice for over 27 years in San Antonio, TX and who has ably led AAPI on some fresh initiatives. One of these involves AAPI formally providing expertise to the Indian Government in healthcare � this was formally acknowledged by the Prime Minister of India as one of the great initiatives at the latest Pravasi Bharatia Divas.
Our cause is strengthened by Dr Koli and AAPI & their blessings!
more...
akhichopra
03-01 07:34 PM
Hello Folks,
I am on H1-B since Aug2009 and last year I transferred around 40K USD to parents. All these transfers were spread over the year in the denominations of 5K per transaction.(As and when I saved money).
My question is, do I have to pay taxes in US on this money transferred to India. I know that my parents don't have to but I am not sure about myself.
Any pointers in this regard will be highly appreciated. Thanks,
I am on H1-B since Aug2009 and last year I transferred around 40K USD to parents. All these transfers were spread over the year in the denominations of 5K per transaction.(As and when I saved money).
My question is, do I have to pay taxes in US on this money transferred to India. I know that my parents don't have to but I am not sure about myself.
Any pointers in this regard will be highly appreciated. Thanks,
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chisinau
02-01 06:54 AM
I started the US immigration in 2006, PD-September 2006, by CP, EB3ROW. DS230 renewed 3 times since then... a couple of months ago I applied to Canadian PR, now I am waiting for my interview date. So I have two processes parallel - US GC & Canadian PR. My question is : How these two immigrations can jeopardise each other? :confused:
Logicaly I will attend the Canadian interview first, will they ask me about US immigration? should I tell the truth? Will they deny the PR because of the GC process?
Presume that I have successfuly done with canadians and have landed in Canada with my PR in 8-10 months from now, and suddenly, I,ve got an invitation to the GC interview... :eek: Does the fact that I have a Can. PR will kill my future GC and at the interview the will deny and cancell my case? :confused: Or The interview will be successful and I will have my GC, but somewere in the future there is a point where I should refuse one - GC or PR? :confused:
I should mention that the GC is the choise No1 , and PR is a plan "B"...
I believe that my situation is not unique, but now I am out side the US and in my country it is difficult to find a competent lawer. So I hope that somebody from this forum could answer my questions.
Appreciate all useful answers and ancillary information. :):)
Logicaly I will attend the Canadian interview first, will they ask me about US immigration? should I tell the truth? Will they deny the PR because of the GC process?
Presume that I have successfuly done with canadians and have landed in Canada with my PR in 8-10 months from now, and suddenly, I,ve got an invitation to the GC interview... :eek: Does the fact that I have a Can. PR will kill my future GC and at the interview the will deny and cancell my case? :confused: Or The interview will be successful and I will have my GC, but somewere in the future there is a point where I should refuse one - GC or PR? :confused:
I should mention that the GC is the choise No1 , and PR is a plan "B"...
I believe that my situation is not unique, but now I am out side the US and in my country it is difficult to find a competent lawer. So I hope that somebody from this forum could answer my questions.
Appreciate all useful answers and ancillary information. :):)
more...
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kaisersose
07-19 02:09 PM
My Lawyer does whatever my employer tells him. They never give any receipt notice or approval notice to employees.
They did not even let me file my EAD and AP along with I-485.
I can file EAD/AP myself but I'm worried they might not give me the receipt notice of my I-485 filed in july, in a last ditch effort to prevent me from fleeing(I don't yet have any intention btw) or atleast make it difficult for me.
I'm sure there would be many in this situation.
Any thoughts what can be done?
If they do not show you anything, how do you know your I140 was applied/cleared? How do you know your 485 was filed?
If we place ourselves in the employer position, almost everyone who can file 485 now is dreaming of invoking AC21 6 months from now. Imagine the mayhem if everyone or almost everyone quits. Many companies which are not direct vendors & where the employees are mostly H-1b will probably have to close shop. Naturally, employers would want to be cautious.
In your case, since you do not have the intention, you do not need the EAD anyway. At the least, try to get the case number. Even if your attorney does not give it to you, you can call USCIS and get your case number for 485 as 485 is really your application. You can also change the 485 address to yours during the call and then all communication will come to you.
You can invoke AC21 with your H-1b. That is the preferred method.
They did not even let me file my EAD and AP along with I-485.
I can file EAD/AP myself but I'm worried they might not give me the receipt notice of my I-485 filed in july, in a last ditch effort to prevent me from fleeing(I don't yet have any intention btw) or atleast make it difficult for me.
I'm sure there would be many in this situation.
Any thoughts what can be done?
If they do not show you anything, how do you know your I140 was applied/cleared? How do you know your 485 was filed?
If we place ourselves in the employer position, almost everyone who can file 485 now is dreaming of invoking AC21 6 months from now. Imagine the mayhem if everyone or almost everyone quits. Many companies which are not direct vendors & where the employees are mostly H-1b will probably have to close shop. Naturally, employers would want to be cautious.
In your case, since you do not have the intention, you do not need the EAD anyway. At the least, try to get the case number. Even if your attorney does not give it to you, you can call USCIS and get your case number for 485 as 485 is really your application. You can also change the 485 address to yours during the call and then all communication will come to you.
You can invoke AC21 with your H-1b. That is the preferred method.
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sbabunle
01-26 06:45 PM
Anirudh
Its sad situation, people are walking away or feeling bad becaus
of IVs decision about I485 filing. Couple of core members already
file 485 and still they support it. Even I filed my I485 2 years ago.
There are 2 things here.
1) Think about people who file their labors 3 or 4 years ago and got I140 approved or in the filing process. If a lay off or something happens they will lose everything. All these years wait, frustration everything... whereas if you have file I485 you have a chance to shift jobs. Their only chance is to file I485.
2) 485 filed people think they will be affected. Thats why they are opposing it. But the point is that since the whole thing is going based on priority date,
it doesn't matter much. With present situations if a person has a PD older than you, he/she will get GC before you for sure (90%). Even if his /hers LC is still pending.( Because PD will move very slow. For EB3 to advance an year it would take 2 years. By the time all the old LCs will be cleared.) I dont see anything to be concerned here. Because we all are fucked up so badly :) :) :) :). Take a deep breath and think about it. The only way out is to collect a ton of money and lobby very hard.
So I request you to work actively, induct more members, contribute
more money to our cause. We will win soon man!!!!!
I made a one time contribution myself but I have a feeling that IV is going away from the goal of increasing EB visas and just focusing on the 485 filing.Many people that have contributed earlier feel that by prioritizing the 485 filing over increase of EB visas, IV has gone away from atleast some of stakeholders .The stakeholders were promised initially that increase of EB visas would be a top priority or atleast on a even keel with any other objectives, but now we are in phased approach.I have talked to lot of people and the feeling is same.
Its sad situation, people are walking away or feeling bad becaus
of IVs decision about I485 filing. Couple of core members already
file 485 and still they support it. Even I filed my I485 2 years ago.
There are 2 things here.
1) Think about people who file their labors 3 or 4 years ago and got I140 approved or in the filing process. If a lay off or something happens they will lose everything. All these years wait, frustration everything... whereas if you have file I485 you have a chance to shift jobs. Their only chance is to file I485.
2) 485 filed people think they will be affected. Thats why they are opposing it. But the point is that since the whole thing is going based on priority date,
it doesn't matter much. With present situations if a person has a PD older than you, he/she will get GC before you for sure (90%). Even if his /hers LC is still pending.( Because PD will move very slow. For EB3 to advance an year it would take 2 years. By the time all the old LCs will be cleared.) I dont see anything to be concerned here. Because we all are fucked up so badly :) :) :) :). Take a deep breath and think about it. The only way out is to collect a ton of money and lobby very hard.
So I request you to work actively, induct more members, contribute
more money to our cause. We will win soon man!!!!!
I made a one time contribution myself but I have a feeling that IV is going away from the goal of increasing EB visas and just focusing on the 485 filing.Many people that have contributed earlier feel that by prioritizing the 485 filing over increase of EB visas, IV has gone away from atleast some of stakeholders .The stakeholders were promised initially that increase of EB visas would be a top priority or atleast on a even keel with any other objectives, but now we are in phased approach.I have talked to lot of people and the feeling is same.
more...
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ptolia
08-04 10:27 PM
Looks like it is the photos. I got the RFE after opening a Service Request and they have asked for photos. Morons. They could have made it clear in the instructions to send photos.
It doesn't happen to everyone. A couple of my friends got the ead without sending the photos. It all depends on who processes your application. If he is an ass, you are in trouble.
So, better send the pictures if you are planning to e-file.
I have sent the photos and now have to wait for another 45 days. Hopefully a smart guy who knows what he is doing will process it this time.
GCplease,
Have you received your EAD? if so how many days it took after responding to RFE?
Thanks
It doesn't happen to everyone. A couple of my friends got the ead without sending the photos. It all depends on who processes your application. If he is an ass, you are in trouble.
So, better send the pictures if you are planning to e-file.
I have sent the photos and now have to wait for another 45 days. Hopefully a smart guy who knows what he is doing will process it this time.
GCplease,
Have you received your EAD? if so how many days it took after responding to RFE?
Thanks
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eyeinfinitude
12-30 10:00 AM
I don't know if it's my comp, but I can't view Lost's piece, the link is dead so I'll wait till I can take a look before voting. I did get to see Soul's piece and it's amazing, very conceptual. =)
more...
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needhelp!
01-09 04:20 PM
OK I double checked the new license. Even though the Expiry is 2014, it does have in red "Temporary Visitor Status Expires: 09/09"
and got 7 year (or is it 8) renewed license
and got 7 year (or is it 8) renewed license
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neelu
12-11 02:25 PM
SO if USCIS wants to make a new rule of filing I485 for the one whose I 140 is cleared and priority date is not current, It CAN DO That RULE Right?
We do not need any Congress approval for that Right?
If so can we explore this option??
Yes, I was wondering the same thing.
The only plausible explanation for requiring congress' approval, that I am able to come up with, is that we bundled many requests along with the request for concurrent processing of 140/485, like additional visa numbers etc., which I think are not in the hands of USCIS.
We would need congress approval to increase visa numbers, etc. But for changing the rule to allow concurrent 140/485 processing is probably within the jurisdiction of the USCIS.
We do not need any Congress approval for that Right?
If so can we explore this option??
Yes, I was wondering the same thing.
The only plausible explanation for requiring congress' approval, that I am able to come up with, is that we bundled many requests along with the request for concurrent processing of 140/485, like additional visa numbers etc., which I think are not in the hands of USCIS.
We would need congress approval to increase visa numbers, etc. But for changing the rule to allow concurrent 140/485 processing is probably within the jurisdiction of the USCIS.
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Ramba
11-19 06:59 PM
Higher salary should not be a problem at all. Important thing is, the salary should be equal or above the prevailing wage at new location for that job classification at that position/level. PW also a survey of wage by DOL. It does not mean that one should not earn considerably more than average. Lets see an hypothetical example,
A young Software engineer joins microsoft using AC21 and dates Bill gates son/daughter and marry him/her. Bill gates increase that person salary to 1 million, but he/she continuously doing same SW engineer job. In that case 1 million salary should not be a problem for AC21, because it is higher than PW in seattle.
(Dont ask me why not if a person marry Bill gates son/daughter they can come in family category)
As per the current guidelines adjudicating officer makes the determination based on Department of Labor SOC/O*net code in the Labror Certification Application (ETA 9098) form. ( It's very critical to have a copy of LC application, before considering AC21. If you don't have it through employer, you can get a copy from DOL through FOIA request )
DOLs SOC/O*Net gives the job description for the Job code as well as "same or similar" jobs (if you search on your SOC/O*net code)
http://www.onetcodeconnector.org/
Here's an example - http://www.onetcodeconnector.org/ccreport/15-1031.00
This is the website IOs are supposed to be using (as per guidelines). Becoming a Sr. Software Engineer from Software Engineer shouldn't be an issue. Salary hike beyond 50% could (or could not) be a problem based on the IOs sole discretion. 50% is just a ball-park assumed by most immigration attorneys. In reality, there is no such preset limit. It's entirely upto the IOs decision.
Promotion as manager is a tricky situation, as Job description changes. IO may consider it 'same or similar', or consider it altogether different. In such cases it may be possible to prove the jobs are similar by obtaining an 'Expert Opinion Letter' from an expert in the field ( such as a Professor of Computer Science from a University).
A young Software engineer joins microsoft using AC21 and dates Bill gates son/daughter and marry him/her. Bill gates increase that person salary to 1 million, but he/she continuously doing same SW engineer job. In that case 1 million salary should not be a problem for AC21, because it is higher than PW in seattle.
(Dont ask me why not if a person marry Bill gates son/daughter they can come in family category)
As per the current guidelines adjudicating officer makes the determination based on Department of Labor SOC/O*net code in the Labror Certification Application (ETA 9098) form. ( It's very critical to have a copy of LC application, before considering AC21. If you don't have it through employer, you can get a copy from DOL through FOIA request )
DOLs SOC/O*Net gives the job description for the Job code as well as "same or similar" jobs (if you search on your SOC/O*net code)
http://www.onetcodeconnector.org/
Here's an example - http://www.onetcodeconnector.org/ccreport/15-1031.00
This is the website IOs are supposed to be using (as per guidelines). Becoming a Sr. Software Engineer from Software Engineer shouldn't be an issue. Salary hike beyond 50% could (or could not) be a problem based on the IOs sole discretion. 50% is just a ball-park assumed by most immigration attorneys. In reality, there is no such preset limit. It's entirely upto the IOs decision.
Promotion as manager is a tricky situation, as Job description changes. IO may consider it 'same or similar', or consider it altogether different. In such cases it may be possible to prove the jobs are similar by obtaining an 'Expert Opinion Letter' from an expert in the field ( such as a Professor of Computer Science from a University).
msvnkk
03-03 10:12 AM
Hi I have a question in regard renewal of my expired passport can anyone help me in this regard please.
my question is if my permanenet address in india is changed. can we keep new permanent address in india. and do we need to submit any documents in regard of new address if so what might be
my question is if my permanenet address in india is changed. can we keep new permanent address in india. and do we need to submit any documents in regard of new address if so what might be
GC_SUCK
03-01 12:32 PM
Labor RIR Case from MN (Approved Recently)
Labor RIR Case from TX (Approved Recently)
Labor PERM EB3 (Approved in 2006)
Paid so far 8K
Lawyer is asking more now for
Filing I-140 - I-485 - EAD - AP (for both me and my wife)
Have I paid too much? Should I pay more to him?
Labor RIR Case from TX (Approved Recently)
Labor PERM EB3 (Approved in 2006)
Paid so far 8K
Lawyer is asking more now for
Filing I-140 - I-485 - EAD - AP (for both me and my wife)
Have I paid too much? Should I pay more to him?