waitnwatch
07-17 12:06 PM
As of now this thread has had over 3700 views! GCK..... definitely knows how to get attention.
martinvisalaw
06-04 05:37 PM
You don't need to be working in the US while the AOS is pending. You just need to have the job when permanent residence is approved, or to have a job in the "same or similar occupational classification."
pdx_Soft_Eng
07-10 12:33 AM
as far as I know, since she had H1B already with her previous company, she can get a new H1B right now. She doesn't have to wait for Oct 2007. However, the time she spent on H4 is also used against her H1B time since H1 and H4 are both H visas and everybody gets 6 years in total. You should use this info at yor own risk. Double check with a lawyer. Maybe other members can confirm my response as well...
InTheMoment
07-11 10:37 PM
With all correct things said above: Yates Memo, Conditions of AC21 met (same/similar job, salary etc. 180+ days) and proof that you are regularly paid since joining the company (paystubs), EVL from new employer...
With all of the above supplied I can say from my own experience of joining a small company (50 employees) and submitting AC21 docs (to pre-empt any RFE - because I changed address and state of workplace; against my attorneys advise of waiting for an RFE) that it was the best thing I did. I had no RFE issued before I-485 approval.
So just send in the AC21 docs if you feel that there are redflags that may trigger an RFE for EVL (I-140 getting revoked, address change across state - diff from original employer, petition being very old)
With all of the above supplied I can say from my own experience of joining a small company (50 employees) and submitting AC21 docs (to pre-empt any RFE - because I changed address and state of workplace; against my attorneys advise of waiting for an RFE) that it was the best thing I did. I had no RFE issued before I-485 approval.
So just send in the AC21 docs if you feel that there are redflags that may trigger an RFE for EVL (I-140 getting revoked, address change across state - diff from original employer, petition being very old)
more...
srkamath
10-15 02:58 PM
If you have two jobs on hand, and your sponsoring employer keeps the offer for the future job open, then you can simply use your EAD for both jobs. What would you need the H1B for unless you have reasons to believe the I-485 will be denied?
If you wish to change employers, i.e. no longer take up the job with the employer who did your labor cert, then wait for 180 days after the receipt date of your I-485, find a " same or similar" job and use AC21 portability. - The AC21 law is kind of complex, most use the services of a (competent) lawyer.
If you wish to change employers, i.e. no longer take up the job with the employer who did your labor cert, then wait for 180 days after the receipt date of your I-485, find a " same or similar" job and use AC21 portability. - The AC21 law is kind of complex, most use the services of a (competent) lawyer.
desi3933
05-11 05:11 PM
Hello Attorney,
About Myself:
=============
Myself EB2 Mar-06 now in I485.
deeply concerned about the current retrogression of eb2 priority date to 2000.
Background:
===========
Currently CIS and Statedept count ebdependents / derivatives under ebquota (according to CFR22)
However Sec 203, INA seems to layout the eb quota volume and lists eligibilities.
Looking at INA I am unable to find the link between ebdependent/detivaties and ebquota.
The I485 application "Part 2: App Type" Option b (derivative status for spouses and children)
seems to be related to quota listed in INA Sec. 203. [8 U.S.C. 1153] a - 2. (family quota)
and seems to be not related to INA Sec. 203. [8 U.S.C. 1153] b - * (employment quota).
Question:
=========
What quota do dependents of Employment based AOS(I-485) LEGALLY fall into - is it the EB quota or FB quota?
If incorrectly classified ? Is there any legal option this mis-classification be corrected?
Thanks a lot in advance for your time.
INA 203(d) Treatment of family members
A spouse or child as defined in subparagraph (A), (B), (C), (D), or (E) of section 1101(b)(1) of this title shall, if not otherwise entitled to an immigrant status and the immediate issuance of a visa under subsection (a), (b), or (c) of this section, be entitled to the same status, and the same order of consideration provided in the respective subsection, if accompanying or following to join, the spouse or parent.
This means that if primary beneficiary is using visa number from EB(2) classification then dependent(s) will also be using same classification as primary beneficiary (i.e. EB(2) in this example).
______________________
Not a legal advice
US citizen of Indian origin
About Myself:
=============
Myself EB2 Mar-06 now in I485.
deeply concerned about the current retrogression of eb2 priority date to 2000.
Background:
===========
Currently CIS and Statedept count ebdependents / derivatives under ebquota (according to CFR22)
However Sec 203, INA seems to layout the eb quota volume and lists eligibilities.
Looking at INA I am unable to find the link between ebdependent/detivaties and ebquota.
The I485 application "Part 2: App Type" Option b (derivative status for spouses and children)
seems to be related to quota listed in INA Sec. 203. [8 U.S.C. 1153] a - 2. (family quota)
and seems to be not related to INA Sec. 203. [8 U.S.C. 1153] b - * (employment quota).
Question:
=========
What quota do dependents of Employment based AOS(I-485) LEGALLY fall into - is it the EB quota or FB quota?
If incorrectly classified ? Is there any legal option this mis-classification be corrected?
Thanks a lot in advance for your time.
INA 203(d) Treatment of family members
A spouse or child as defined in subparagraph (A), (B), (C), (D), or (E) of section 1101(b)(1) of this title shall, if not otherwise entitled to an immigrant status and the immediate issuance of a visa under subsection (a), (b), or (c) of this section, be entitled to the same status, and the same order of consideration provided in the respective subsection, if accompanying or following to join, the spouse or parent.
This means that if primary beneficiary is using visa number from EB(2) classification then dependent(s) will also be using same classification as primary beneficiary (i.e. EB(2) in this example).
______________________
Not a legal advice
US citizen of Indian origin
more...
Raju
07-04 09:32 PM
My state in four lines
1) Came to US on F-1 Visa, never completed my masters
2) Shifted to H-1B and i have been with the same client and havent been to India for four years.
3) Now i am doing part time MBA from a top Ivy league school and i have $40,000 in loans from my MBA. i have not finished it as yet.
4) Applied for labor and priority date is Jan 2007 and i wanted to apply for 1-485 and AP and Skip H-1B stamping
But because of the july 2nd i cant do that anymore and i will have to go to H-1B stamping. I wonder what will happen if my stamping gets rejected. If dont attend classes for 4 months. My student loan will start asking for monthly payments. I am in a quagmire.
But still i have decided that i will go to India in any case and if payments become overdue for more months. I dont know what to do.
I had so many hoped on the current numbers . Any idea guys what can i do?
Dont panick man. Your should not have a problem with H1 stamping!
1) Came to US on F-1 Visa, never completed my masters
2) Shifted to H-1B and i have been with the same client and havent been to India for four years.
3) Now i am doing part time MBA from a top Ivy league school and i have $40,000 in loans from my MBA. i have not finished it as yet.
4) Applied for labor and priority date is Jan 2007 and i wanted to apply for 1-485 and AP and Skip H-1B stamping
But because of the july 2nd i cant do that anymore and i will have to go to H-1B stamping. I wonder what will happen if my stamping gets rejected. If dont attend classes for 4 months. My student loan will start asking for monthly payments. I am in a quagmire.
But still i have decided that i will go to India in any case and if payments become overdue for more months. I dont know what to do.
I had so many hoped on the current numbers . Any idea guys what can i do?
Dont panick man. Your should not have a problem with H1 stamping!
dupedinjuly
07-15 02:07 AM
http://www.nytimes.com/2007/07/15/us/politics/15immig.html?_r=1&ref=us&oref=slogin
A Little-Known Group Claims a Victory on Immigration
July 15, 2007
A Little-Known Group Claims a Victory on Immigration
By ROBERT PEAR
WASHINGTON, July 14 � When a comprehensive immigration bill collapsed last month on the Senate floor, it was a victory for a small group that had been lobbying Congress for a decade to reduce the number of immigrants � legal and illegal � in the United States.
The group, Numbers USA, tracked every twist and turn of the bill. Its members flooded the Senate with more than a million faxes, sent through the organization�s Web site. It supplied arguments and information to senators opposing the bill.
�It was a David-and-Goliath struggle,� said Roy H. Beck, the president of Numbers USA, who had been preparing for this moment since 1996, when he wrote a book titled �The Case Against Immigration.�
Supporters of the bill included President Bush, the United States Chamber of Commerce, the high-tech industry, the Roman Catholic Church, many Hispanic organizations, farmers, restaurants, hotels and the construction industry.
�The bill had support from the opinion elite in this country,� Mr. Beck said. �But we built a grass-roots army, consumed with passion for a cause, and used the power of the Internet to go around the elites and defeat a disastrous amnesty bill.�
The measure, which died on June 28, would have offered legal status and a path to citizenship to millions of illegal immigrants and created a new temporary worker program while increasing border security.
�Numbers USA initiated and turbocharged the populist revolt against the immigration reform package,� said Frank Sharry, executive director of the National Immigration Forum, a pro-immigrant advocacy group. �Roy Beck takes people who are upset about illegal immigration for different reasons, including hostility to Latino immigrants, and disciplines them so their message is based on policy rather than race-based arguments or xenophobia.�
Representative Brian P. Bilbray, Republican of California and chairman of the Immigration Reform Caucus, said, �We�re involved in weekly discussions with Numbers USA and other immigration-control groups as part of a team effort.�
Numbers USA had fewer than 50,000 members at the end of 2004, but now counts more than 447,000, with an increase of 83 percent since January alone.
Turning to the next phase of the debate, those members will push for enforcement of existing laws and new measures to curb the employment of illegal immigrants.
�Our No. 1 legislative goal is to begin a system of mandatory workplace verification, to confirm that every employee is a United States citizen or an alien authorized to work in this country,� said Rosemary E. Jenks, director of government relations at Numbers USA.
The organization wants to reduce immigration � as Mr. Beck says in the subtitle of his book � for �moral, economic, social and environmental reasons.�
He contends that immigrants and their children are driving population growth, which he says is gobbling up open space, causing urban sprawl and creating more traffic congestion.
Moreover, Mr. Beck asserts that immigrants and temporary workers, by increasing the supply of labor, have depressed wages in industries from meatpacking to information technology. Numbers USA has worked most closely with conservative Republicans, but in recent weeks has built alliances with Democrats who share the concern.
Numbers USA keeps a scorecard showing every vote by every member of Congress on immigration-related issues since 1989. The group assigns a letter grade to each member.
Lawmakers who received an A-plus were all Republicans and included Representatives J. Dennis Hastert of Illinois and Tom Tancredo of Colorado, a presidential candidate. The lowest grades � F-minuses � went to Democrats, including Speaker Nancy Pelosi and Representative Joe Baca of California, chairman of the Congressional Hispanic Caucus.
Numbers USA objects to proposals that increase the number of legal or illegal immigrants. It steers clear of debates over the allocation of visas.
�It does not matter to us whether a visa goes to a high-tech worker, a farm worker or the sibling of a U.S. citizen,� Mr. Beck said.
Numbers USA is one of many organizations fostered by John H. Tanton, an ophthalmologist from Michigan who has also championed efforts to protect the environment, limit population growth and promote English as an official language.
Critics like the Southern Poverty Law Center and Representative Chris Cannon, Republican of Utah, have described Dr. Tanton as a father of the anti-immigration movement. Mark A. Potok, a senior researcher at the law center, called Numbers USA the �kinder, gentler side of that movement.�
Mr. Beck said Numbers USA had been independent of Dr. Tanton since 2002. On the group�s Web site, Mr. Beck cautions against �immigrant bashing� and says, �Even illegal aliens deserve humane treatment as they are detected, detained and deported.�
In the fight over the Senate bill, Numbers USA had daily conference calls with conservative groups like the Heritage Foundation and the Eagle Forum.
For tax purposes, Numbers USA has two arms, an educational foundation and an advocacy group that lobbies Congress. Together, Mr. Beck said, they have a budget of $3 million this year, but will probably raise and spend $4.5 million.
Mr. Beck said that in the past the group received about two-thirds of its money from foundations like the Colcom Foundation of Pittsburgh and the Weeden Foundation in New York. Many of these foundations have an interest in conservation.
Numbers USA has raised the rest of its money from individual contributors over the Internet. The group collects detailed information on its members � their ethnic background, politics, religious affiliations, occupations and concerns � so it can choose the most effective advocates on any particular issue.
In a survey question on religion, the group said the information would be useful because many lawmakers were likely to respond better to people with �a very similar religious worldview.�
�This is our citizen army,� Mr. Beck said, pointing to a map that showed members of his group in every Congressional district.
Home
World U.S. N.Y. / Region Business Technology Science Health Sports Opinion Arts Style Travel Jobs Real Estate Automobiles Back to Top
Copyright 2007 The New York Times Company
A Little-Known Group Claims a Victory on Immigration
July 15, 2007
A Little-Known Group Claims a Victory on Immigration
By ROBERT PEAR
WASHINGTON, July 14 � When a comprehensive immigration bill collapsed last month on the Senate floor, it was a victory for a small group that had been lobbying Congress for a decade to reduce the number of immigrants � legal and illegal � in the United States.
The group, Numbers USA, tracked every twist and turn of the bill. Its members flooded the Senate with more than a million faxes, sent through the organization�s Web site. It supplied arguments and information to senators opposing the bill.
�It was a David-and-Goliath struggle,� said Roy H. Beck, the president of Numbers USA, who had been preparing for this moment since 1996, when he wrote a book titled �The Case Against Immigration.�
Supporters of the bill included President Bush, the United States Chamber of Commerce, the high-tech industry, the Roman Catholic Church, many Hispanic organizations, farmers, restaurants, hotels and the construction industry.
�The bill had support from the opinion elite in this country,� Mr. Beck said. �But we built a grass-roots army, consumed with passion for a cause, and used the power of the Internet to go around the elites and defeat a disastrous amnesty bill.�
The measure, which died on June 28, would have offered legal status and a path to citizenship to millions of illegal immigrants and created a new temporary worker program while increasing border security.
�Numbers USA initiated and turbocharged the populist revolt against the immigration reform package,� said Frank Sharry, executive director of the National Immigration Forum, a pro-immigrant advocacy group. �Roy Beck takes people who are upset about illegal immigration for different reasons, including hostility to Latino immigrants, and disciplines them so their message is based on policy rather than race-based arguments or xenophobia.�
Representative Brian P. Bilbray, Republican of California and chairman of the Immigration Reform Caucus, said, �We�re involved in weekly discussions with Numbers USA and other immigration-control groups as part of a team effort.�
Numbers USA had fewer than 50,000 members at the end of 2004, but now counts more than 447,000, with an increase of 83 percent since January alone.
Turning to the next phase of the debate, those members will push for enforcement of existing laws and new measures to curb the employment of illegal immigrants.
�Our No. 1 legislative goal is to begin a system of mandatory workplace verification, to confirm that every employee is a United States citizen or an alien authorized to work in this country,� said Rosemary E. Jenks, director of government relations at Numbers USA.
The organization wants to reduce immigration � as Mr. Beck says in the subtitle of his book � for �moral, economic, social and environmental reasons.�
He contends that immigrants and their children are driving population growth, which he says is gobbling up open space, causing urban sprawl and creating more traffic congestion.
Moreover, Mr. Beck asserts that immigrants and temporary workers, by increasing the supply of labor, have depressed wages in industries from meatpacking to information technology. Numbers USA has worked most closely with conservative Republicans, but in recent weeks has built alliances with Democrats who share the concern.
Numbers USA keeps a scorecard showing every vote by every member of Congress on immigration-related issues since 1989. The group assigns a letter grade to each member.
Lawmakers who received an A-plus were all Republicans and included Representatives J. Dennis Hastert of Illinois and Tom Tancredo of Colorado, a presidential candidate. The lowest grades � F-minuses � went to Democrats, including Speaker Nancy Pelosi and Representative Joe Baca of California, chairman of the Congressional Hispanic Caucus.
Numbers USA objects to proposals that increase the number of legal or illegal immigrants. It steers clear of debates over the allocation of visas.
�It does not matter to us whether a visa goes to a high-tech worker, a farm worker or the sibling of a U.S. citizen,� Mr. Beck said.
Numbers USA is one of many organizations fostered by John H. Tanton, an ophthalmologist from Michigan who has also championed efforts to protect the environment, limit population growth and promote English as an official language.
Critics like the Southern Poverty Law Center and Representative Chris Cannon, Republican of Utah, have described Dr. Tanton as a father of the anti-immigration movement. Mark A. Potok, a senior researcher at the law center, called Numbers USA the �kinder, gentler side of that movement.�
Mr. Beck said Numbers USA had been independent of Dr. Tanton since 2002. On the group�s Web site, Mr. Beck cautions against �immigrant bashing� and says, �Even illegal aliens deserve humane treatment as they are detected, detained and deported.�
In the fight over the Senate bill, Numbers USA had daily conference calls with conservative groups like the Heritage Foundation and the Eagle Forum.
For tax purposes, Numbers USA has two arms, an educational foundation and an advocacy group that lobbies Congress. Together, Mr. Beck said, they have a budget of $3 million this year, but will probably raise and spend $4.5 million.
Mr. Beck said that in the past the group received about two-thirds of its money from foundations like the Colcom Foundation of Pittsburgh and the Weeden Foundation in New York. Many of these foundations have an interest in conservation.
Numbers USA has raised the rest of its money from individual contributors over the Internet. The group collects detailed information on its members � their ethnic background, politics, religious affiliations, occupations and concerns � so it can choose the most effective advocates on any particular issue.
In a survey question on religion, the group said the information would be useful because many lawmakers were likely to respond better to people with �a very similar religious worldview.�
�This is our citizen army,� Mr. Beck said, pointing to a map that showed members of his group in every Congressional district.
Home
World U.S. N.Y. / Region Business Technology Science Health Sports Opinion Arts Style Travel Jobs Real Estate Automobiles Back to Top
Copyright 2007 The New York Times Company
more...
GCScrewed
07-12 10:47 AM
actually, i think that the EB3 will also make rapid advances come October.
with the quota exhausted for this year, and the pre-adjudication taking place and with most of the EB3 India applicants having received their GC between 2002 and 2005, i think the dates will advance to 2003 by Dec and to mid 2004 by Feb/March. After that, it is anyone's guess if the quota for India will hold out. As for me, I see at least another year or two wait for my GC, unless the Congress passes a miracle.
Sorry dude for saying this... but you must be in an illusion. There are tons of EB3s before 2005 simply because before that time, there was no retrogression for quite a while and nobody cared about EB2/EB3 that much.:rolleyes:
with the quota exhausted for this year, and the pre-adjudication taking place and with most of the EB3 India applicants having received their GC between 2002 and 2005, i think the dates will advance to 2003 by Dec and to mid 2004 by Feb/March. After that, it is anyone's guess if the quota for India will hold out. As for me, I see at least another year or two wait for my GC, unless the Congress passes a miracle.
Sorry dude for saying this... but you must be in an illusion. There are tons of EB3s before 2005 simply because before that time, there was no retrogression for quite a while and nobody cared about EB2/EB3 that much.:rolleyes:
pitha
06-28 03:12 PM
This is a very common issue. Most of the times the HR title and job title and Labor title do not match.
You need to use "Programmer Analyst" for Employment verification letter, but Employment offer letter, you need to use "Software Programmer Engineer".
This is 100% correct.
Employment verification letter is for current occupation what you mentioned in LCA when applying for H1. If you say something else, then you are voilating what you mentioned. Then it is going to problem if a strict USCIS officer observes that.
But for Employment offer letter, since it is for future emploment, you need to have the title mentioned in PERM application.
You need to use "Programmer Analyst" for Employment verification letter, but Employment offer letter, you need to use "Software Programmer Engineer".
This is 100% correct.
Employment verification letter is for current occupation what you mentioned in LCA when applying for H1. If you say something else, then you are voilating what you mentioned. Then it is going to problem if a strict USCIS officer observes that.
But for Employment offer letter, since it is for future emploment, you need to have the title mentioned in PERM application.
more...
Kapils573
06-15 03:11 PM
I believe it is the number which is assigned to you when your I-140 is approved. It is mentioned on your I -140 approval notice. and it is used to fill your AR-11 form
Adam
08-26 11:10 AM
That one looks perfect gundark.
agreed, very nice :thumb:
redelite, I like your angry one :) Reminds me of my wife :D
agreed, very nice :thumb:
redelite, I like your angry one :) Reminds me of my wife :D
more...
kirupa
11-21 05:42 AM
The poll will go live tomorrow (Saturday) :)
skark
03-03 09:53 AM
what am I missing here? other than the hassle of getting paper copies filled out/ printed and the advantage of getting a refund a few weeks earlier, what is the advantage of e-filing?
Those are pretty desirable advantages plus there is a chance that your mail could be lost and there is no confirmation with paper filing!
Anyway I efiled it and it was accepted as well. I had no response from IRS regarding the letter we sent about getting a new SSN!
Those are pretty desirable advantages plus there is a chance that your mail could be lost and there is no confirmation with paper filing!
Anyway I efiled it and it was accepted as well. I had no response from IRS regarding the letter we sent about getting a new SSN!
more...
priya82
02-18 08:57 PM
Thanks for your advice snathan...
The7zen
01-27 09:36 AM
If this bill was introduced, we need to meet with lawmaker offices and put pressure on them. Our responsibility is to do our part and leave the outcome to prayers, But not even trying should not be an option. What are we going to loose?
Pardon my ignorance, what is in this bill to support EB community ?
Pardon my ignorance, what is in this bill to support EB community ?
more...
mukeshjaiswal
11-07 10:51 AM
Gurus,
On Aug 13th got an automated email from USCIS that they received information from DOS on Aug 9th and the present status is "Post Decision Actvity". I think my case is moving. Anybody knows how long it took from now?. I appreciate your valuable answers.
Hello bharmohan,
What is status of your current status, did you got the visa or still waiting for the response.
I am also in same boat and got the 221 - g green slip on Aug 11th at Delhi consulate and later my I-797 status was changed to Post Decision Activity, I am still waiting on my case, please update on your status.
On Aug 13th got an automated email from USCIS that they received information from DOS on Aug 9th and the present status is "Post Decision Actvity". I think my case is moving. Anybody knows how long it took from now?. I appreciate your valuable answers.
Hello bharmohan,
What is status of your current status, did you got the visa or still waiting for the response.
I am also in same boat and got the 221 - g green slip on Aug 11th at Delhi consulate and later my I-797 status was changed to Post Decision Activity, I am still waiting on my case, please update on your status.
redelite
08-27 10:48 AM
Here's my go at it...
Calvin & Hobbes -> http://www.kirupa.com/forum/attachment.php?attachmentid=47743&stc=1&d=1219871683 http://www.kirupa.com/forum/attachment.php?attachmentid=47744&stc=1&d=1219871687
Btw, that Sonic is awesome! :thumb2:
Calvin & Hobbes -> http://www.kirupa.com/forum/attachment.php?attachmentid=47743&stc=1&d=1219871683 http://www.kirupa.com/forum/attachment.php?attachmentid=47744&stc=1&d=1219871687
Btw, that Sonic is awesome! :thumb2:
help43
09-11 05:03 PM
i am applying for H1-B amendment before going to the stamping
is it a good step to handle the situation?
They said like you have been applied for a new H1-B, NOT for Change of status thats y u didnt got the I-94.
Please advise on these options....
is it a good step to handle the situation?
They said like you have been applied for a new H1-B, NOT for Change of status thats y u didnt got the I-94.
Please advise on these options....
gckosam
08-09 07:04 PM
for every 6 months from Jan 2004 till June 2008. That will give the overall idea on how EB3 trend is going on.
GCNirvana007
08-31 02:07 PM
Finger print done Nov 2007. After that, one LUD in June 2009. Thats it.
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