485Mbe4001
06-17 04:03 PM
Please make the calls, recapture of unused visas helps all the affected parties, irrespective of country or categories. It will help EB3-I
Do we have any agenda for EB3-I?
Do we have any agenda for EB3-I?
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ajs4123
10-24 11:47 AM
why bother about I129 if you have a GC ?
I'm just keen to find out what's going on, and to get input on whether the I-129 being revoked is anything that can affect the I-140/I-485. I doubt it but would like to be sure. And to share what's going on in my case with others where it may have more of an impact if their H-1B ends up being revoked.
Anyway, I doubt if it's anything that can't be fixed; my company is very reputable and our attorneys are already engaged.
I'm just keen to find out what's going on, and to get input on whether the I-129 being revoked is anything that can affect the I-140/I-485. I doubt it but would like to be sure. And to share what's going on in my case with others where it may have more of an impact if their H-1B ends up being revoked.
Anyway, I doubt if it's anything that can't be fixed; my company is very reputable and our attorneys are already engaged.
khadash
08-19 01:01 PM
Poll Done
PD Oct 2002
EB3 India
I 140 Approved Oct 2004
I485 Pending since Oct 2004.
PD Oct 2002
EB3 India
I 140 Approved Oct 2004
I485 Pending since Oct 2004.
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rimzhim
02-07 12:05 PM
Thank you for your elaboration.
How do you know that all the unused visas go to EB3 before go to EB2?
Even if the immigration reform happens, will it take effect next year or sometime later? How come my PD can become current immediately once the immigration reform happens?
thanks
as soon as the president signs on the SKIL bill, it will become a law, and uscis will implement it within 24 hours. However, regarding your point about PD becoming current immediately: since many MS degree holders are in EB2, their PDs will become current immediately. So uscis will be able to move EB3 very fast. If it doesn't happen immediately, it will happen within a couple of months.
How do you know that all the unused visas go to EB3 before go to EB2?
Even if the immigration reform happens, will it take effect next year or sometime later? How come my PD can become current immediately once the immigration reform happens?
thanks
as soon as the president signs on the SKIL bill, it will become a law, and uscis will implement it within 24 hours. However, regarding your point about PD becoming current immediately: since many MS degree holders are in EB2, their PDs will become current immediately. So uscis will be able to move EB3 very fast. If it doesn't happen immediately, it will happen within a couple of months.
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Lacris
07-17 09:33 PM
I agree with your opinion however we might be in the minority here, fellow members(some of them) are just concerned about getting an EAD and AP. They do now know the issues we face after that. Every year renewals, associated risk of not getting AP in time to travel out and not to metion that fact that this will definitely add to the waiting period indefinitely again unless we get together and initiate a campaign for
1. Recapturing unused visa numbers from past years
2. Getting USCIS to treat Primary + Derivatives as one Visa number rather than individual.
any takers?
cheers - peace
How about they don't count dependent children under maybe 14 to the annual quota. They don't need EADs and they will not compete for jobs with anyone for a long time.
1. Recapturing unused visa numbers from past years
2. Getting USCIS to treat Primary + Derivatives as one Visa number rather than individual.
any takers?
cheers - peace
How about they don't count dependent children under maybe 14 to the annual quota. They don't need EADs and they will not compete for jobs with anyone for a long time.
ujjvalkoul
05-24 01:59 PM
Say how many will be Forced to Leave after it passes ??? Remember we are kicked out now -- we will circle back with them after 3-4 years at low cost high tech hubs like Bangalore/Shanghai !!!!
Kicked out or not....I know some of us will continue to work on H1B as long as possible...
What i want to find out are some willing to leave as soon as this bill passes...QUIT JOB and LEAVE?
So that we can get those numbers and these people realize that they are indeed losing something.
Kicked out or not....I know some of us will continue to work on H1B as long as possible...
What i want to find out are some willing to leave as soon as this bill passes...QUIT JOB and LEAVE?
So that we can get those numbers and these people realize that they are indeed losing something.
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ps57002
01-30 05:29 PM
I see another question too on legal immigration...vote for that too..we need to bring forward legal immigration questions
Question on: Immigration
Illegal immigration has been a topic of heated debate and has received much needed attention during this election. In the midst of all the hype and bickering about ILLEGAL immigration, there is a group of people, often forgotten and ignored, who are caught up in a bureaucratic mess and yet are patiently waiting on the path to LEGAL immigration. This is a group of high skilled workers, most of whom have advanced degrees in medicine, engineering and science from Universities in the US. These people have obeyed all laws, worked hard, paid taxes and waited their turn, many for a decade, because of a system that is hopelessly broken and inefficient. I am one of these people and I have been in the US legally for 10 years and still years away from getting a green card. As the President of the United States how do you intend to address the problems faced by future Americans already living and working LEGALLY in the United States? Please note, this question is NOT about ILLEGAL immigration but about LEGAL immigration.
Question on: Immigration
Illegal immigration has been a topic of heated debate and has received much needed attention during this election. In the midst of all the hype and bickering about ILLEGAL immigration, there is a group of people, often forgotten and ignored, who are caught up in a bureaucratic mess and yet are patiently waiting on the path to LEGAL immigration. This is a group of high skilled workers, most of whom have advanced degrees in medicine, engineering and science from Universities in the US. These people have obeyed all laws, worked hard, paid taxes and waited their turn, many for a decade, because of a system that is hopelessly broken and inefficient. I am one of these people and I have been in the US legally for 10 years and still years away from getting a green card. As the President of the United States how do you intend to address the problems faced by future Americans already living and working LEGALLY in the United States? Please note, this question is NOT about ILLEGAL immigration but about LEGAL immigration.
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pcs
07-14 07:57 PM
done
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eb3_nepa
02-05 05:16 PM
Ok Logiclife, i did not intend to start a war or anything of the sort. I was just giving suggestions in light of the fact that inspite of IV working VERY hard, nothing is happening on the GC front. That is the ONLY reason I put up this post.
One more thing. You mentioned that a lot of people are not contributing, maybe the reason is that not everyone wants a GC that desperately. Some people are fine with working here temporarily and then going back after making some money. Besides some members who have contributed in the past may be wondering if it even makes sense to contribute again, being that there has been no real progress on the GC front since Dec 2005 (the birth of IV). Now do not get me wrong I KNOW how hard the IV team has worked and how many time we came SO SO SO close to getting our dreams realized in the Senate only to be crushed in the house again.
My point was, maybe it is time to face the facts. The government has changed but the basic attitude towards the "immigrant" is the same. This is because the average American, views immigrants as a threat. Now we can argue all we want on that statement, but in our hearts we know that the "AVERAGE American" would rather Not have immigrants come to the US (legal or illegal). In light of these events does it not make sense to ask for simpler goals? Goals like 485 filing or H4 Eads etc. Sure it makes us look weak in front of the anti-immigrants, but then are we here to solve our problems or to prove the anti-immigrants wrong?
Lastly this was NOT a threat nor was it intended to be a Threat that "take my advice or i will leave". Just a simple suggestion in light of things to come.
One more thing. You mentioned that a lot of people are not contributing, maybe the reason is that not everyone wants a GC that desperately. Some people are fine with working here temporarily and then going back after making some money. Besides some members who have contributed in the past may be wondering if it even makes sense to contribute again, being that there has been no real progress on the GC front since Dec 2005 (the birth of IV). Now do not get me wrong I KNOW how hard the IV team has worked and how many time we came SO SO SO close to getting our dreams realized in the Senate only to be crushed in the house again.
My point was, maybe it is time to face the facts. The government has changed but the basic attitude towards the "immigrant" is the same. This is because the average American, views immigrants as a threat. Now we can argue all we want on that statement, but in our hearts we know that the "AVERAGE American" would rather Not have immigrants come to the US (legal or illegal). In light of these events does it not make sense to ask for simpler goals? Goals like 485 filing or H4 Eads etc. Sure it makes us look weak in front of the anti-immigrants, but then are we here to solve our problems or to prove the anti-immigrants wrong?
Lastly this was NOT a threat nor was it intended to be a Threat that "take my advice or i will leave". Just a simple suggestion in light of things to come.
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dpp
11-01 04:05 PM
These things are not going to fly. Just go back and work. When time comes GC will come to your mail box, until then keep extending your status, work and enjoy the life. Why do you think too much and lose mental balance.
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GCBy3000
07-19 06:47 PM
http://economictimes.indiatimes.com/articleshow/1779187.cms
With an increasingly ageing population, the EU wants to grab a greater share of Indian professionals who are, at present, more interested in moving to the US. India, on its part, would be asked to bring down its import duties on industrial goods for EU members.
With an increasingly ageing population, the EU wants to grab a greater share of Indian professionals who are, at present, more interested in moving to the US. India, on its part, would be asked to bring down its import duties on industrial goods for EU members.
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addsf345
10-08 03:04 PM
I had H1B valid up to 2010 (3 years extension because of I-140 being approved). Then I traveled abroad and entered US last December using AP. My new I-94 said "paroled in" and had an expiry date of Dec 2008 (till the date the AP was valid). Last week my company applied for transferring my H1B to one of it's subsidiaries as my position was transferred to the new subsidiary. They applied using premium processing and got an approval this week. My new H1 is valid for the next three years now (till 2011) :)
Also, although I entered US using AP I continued working using my old H1B. I did not use EAD. I talked to my attorney and according to them entering on AP does NOT automatically switch you to EAD. You can still keep on working on your original H1B. Since my H1B transfer was approved later I believe they are correct in this regard.
Hope this helps.
Thank you for sharing this useful information with the rest of us.
Also, although I entered US using AP I continued working using my old H1B. I did not use EAD. I talked to my attorney and according to them entering on AP does NOT automatically switch you to EAD. You can still keep on working on your original H1B. Since my H1B transfer was approved later I believe they are correct in this regard.
Hope this helps.
Thank you for sharing this useful information with the rest of us.
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sayonara
01-31 10:35 AM
no. 10 now..
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edaltsis
09-24 12:57 PM
Take it easy! He vented out his anger for no reason, just forgive him or ignore his ignorance. IV welcomes donations but its for a reason, to maintain such a good portal. May be he dint like this.
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apple
06-11 10:27 AM
Sorry to hear about your case. Trust me, such liability suits are extremely common these days in America, and there is no cause for alarm as long as you take all the necessary steps.
If you had liability insurance for your auto at the time of the accident, the first thing you have to do is to call that insurance company and let them know about the lawsuit. THEY will hire and pay for a lawyer to defend you. If you want to be even more comfortable, you might also hire another defense attorney by yourself.
The catch is, your insurance lawyer will only defend you upto the amount of liability mentioned in your insurance. If there is any judgement over that amount, your personal assets are at stake. This happens only in very very rare scenarios. Most of the times, such lawsuits are settled out-of-court. The amount mentioned in the lawsuit ($3.25 M) is totally irrelevant- what they would eventually get (if any), will be far far away from this figure.
Assuming that there are no criminal charges, and this is a civil tort case, there will be no impact on your immigration proceedings at all.
Make sure you take all the paperwork very seriously and do not ignore any letter/notice/deadlines. Don't even think of running away- its not worth losing your career you have worked so hard for. Unless yours is an extremely unusual case, all that you stand to lose is several nights of sleep and thats all.
I have some links for you to look at:
http://www.illinoisprobono.org/index.cfm?fuseaction=home.dsp_content&contentID=2116
http://www.laborlawtalk.com/showthread.php?t=111066
http://www.millerandzois.com/Maryland-Personal-Injury-Lawsuit.html
http://ask.metafilter.com/18037/Insurance-Company-Woes
http://www.ashcraftandgerel.com/autoacc.html
http://www.psp-interactive.com/issues/articles/2007-02_09.asp
http://www.rbs2.com/cc.htm
http://medicaleconomics.modernmedicine.com/memag/article/articleDetail.jsp?id=111402
Good Luck!
Thx for the response..
I am already in touch with my insurance claim representative. He told that the insurance's attorney will be responding to the suit and requested me the send the papers asap (which I am going to do today). and they will take care of attorney's expenses.
One more thing that he clearly told is, that they can pay up to $50K and beyond that I have to take care.
-- I don't have any assets here(like shares, house etc)
-- Though I have a house in my country(not sure that would be counted as asset here in this case)
-- Even my bank balance is minimal
I already went thru lots of pain since the accident, and when I thought its all over, it is coming back..Hope I will be able to pass this test, as it is not as complicated as long waiting of GC :)
If you had liability insurance for your auto at the time of the accident, the first thing you have to do is to call that insurance company and let them know about the lawsuit. THEY will hire and pay for a lawyer to defend you. If you want to be even more comfortable, you might also hire another defense attorney by yourself.
The catch is, your insurance lawyer will only defend you upto the amount of liability mentioned in your insurance. If there is any judgement over that amount, your personal assets are at stake. This happens only in very very rare scenarios. Most of the times, such lawsuits are settled out-of-court. The amount mentioned in the lawsuit ($3.25 M) is totally irrelevant- what they would eventually get (if any), will be far far away from this figure.
Assuming that there are no criminal charges, and this is a civil tort case, there will be no impact on your immigration proceedings at all.
Make sure you take all the paperwork very seriously and do not ignore any letter/notice/deadlines. Don't even think of running away- its not worth losing your career you have worked so hard for. Unless yours is an extremely unusual case, all that you stand to lose is several nights of sleep and thats all.
I have some links for you to look at:
http://www.illinoisprobono.org/index.cfm?fuseaction=home.dsp_content&contentID=2116
http://www.laborlawtalk.com/showthread.php?t=111066
http://www.millerandzois.com/Maryland-Personal-Injury-Lawsuit.html
http://ask.metafilter.com/18037/Insurance-Company-Woes
http://www.ashcraftandgerel.com/autoacc.html
http://www.psp-interactive.com/issues/articles/2007-02_09.asp
http://www.rbs2.com/cc.htm
http://medicaleconomics.modernmedicine.com/memag/article/articleDetail.jsp?id=111402
Good Luck!
Thx for the response..
I am already in touch with my insurance claim representative. He told that the insurance's attorney will be responding to the suit and requested me the send the papers asap (which I am going to do today). and they will take care of attorney's expenses.
One more thing that he clearly told is, that they can pay up to $50K and beyond that I have to take care.
-- I don't have any assets here(like shares, house etc)
-- Though I have a house in my country(not sure that would be counted as asset here in this case)
-- Even my bank balance is minimal
I already went thru lots of pain since the accident, and when I thought its all over, it is coming back..Hope I will be able to pass this test, as it is not as complicated as long waiting of GC :)
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cableching
08-25 02:21 PM
I think SBI is best in convesion rate and also the time it takes to transfer the money.
ICICI gave nearly $1 less than prevailing rate they had on their website.
Even if you send a check, you get better rate if you deposit into an SBI account in India.
ICICI gave nearly $1 less than prevailing rate they had on their website.
Even if you send a check, you get better rate if you deposit into an SBI account in India.
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GCard_Dream
01-31 11:21 AM
If you are not using a sub labor and filing 140 in a week or so, there is nothing for you to worry about.
Thanks for the reply.
I am not using substitution labor. I do not condone any one who does it for monetary reasons.
So the rule hasn't taken affect yet huh! I will definitely send my application out in premium processing this week. Just worried that I have passed the 45-day time period :( . Does my I-140 have to be approved before this rule is implemented, or just that my application needs to be filed ?
Thanks for the reply.
I am not using substitution labor. I do not condone any one who does it for monetary reasons.
So the rule hasn't taken affect yet huh! I will definitely send my application out in premium processing this week. Just worried that I have passed the 45-day time period :( . Does my I-140 have to be approved before this rule is implemented, or just that my application needs to be filed ?
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raj2007
06-16 12:50 AM
To raaj2007, just getting an EAD does not nullify your H1, but if you use EAD you loose H1. Go and check with your attorney. If you use EAD you cannot enter US using H1 or H4, you have to use Advance parole.
Adding to the replies to other post
(i) I heard after filing 485 I could change employers? Yes or no? If yes, then which state would I be in? (EAD, AP or none)?
Answer - You can change employer after 180 days of pending 485 using AC 21 and you would be in EAD and use AP to enter US
(ii) After filing 485, do I HAVE to get my wife into US before the dates retrogress again?? Whoa never heard that...are you sure?
Answer -Yes, if you dont, you would not be able to file for her if the dates retrogresses again, also to file 485 for your wife , she should be in US at the time of filing 485.
(iii) Is there no step after 485 filing that I can keep postponing to not let 485 approve (like delaying 485 fingerprinting multiple times) so that I can let 485 approve only after I am married and can bring my wife in?
Answer - No, you cannot postpone it on your own will. But if your marriage date is before 485 approval (even one day) and tour wife could not make it to US, she can come to US using follow to join process. That process is also available if PD are current. In that scenario you ask USCIS to send US consulate in India to send a notice that the principal applicant's 485 has been approved and since the marriage was before 485 approval, she should be called for Interview at the US consulate in India and given the immigrant VISA, The Follow to join process is like Consular Processing.
Hope I answered your doubts.
It again depends..if you use EAD with same employer .you will not use your h1. I have done that and very clear on that.
Adding to the replies to other post
(i) I heard after filing 485 I could change employers? Yes or no? If yes, then which state would I be in? (EAD, AP or none)?
Answer - You can change employer after 180 days of pending 485 using AC 21 and you would be in EAD and use AP to enter US
(ii) After filing 485, do I HAVE to get my wife into US before the dates retrogress again?? Whoa never heard that...are you sure?
Answer -Yes, if you dont, you would not be able to file for her if the dates retrogresses again, also to file 485 for your wife , she should be in US at the time of filing 485.
(iii) Is there no step after 485 filing that I can keep postponing to not let 485 approve (like delaying 485 fingerprinting multiple times) so that I can let 485 approve only after I am married and can bring my wife in?
Answer - No, you cannot postpone it on your own will. But if your marriage date is before 485 approval (even one day) and tour wife could not make it to US, she can come to US using follow to join process. That process is also available if PD are current. In that scenario you ask USCIS to send US consulate in India to send a notice that the principal applicant's 485 has been approved and since the marriage was before 485 approval, she should be called for Interview at the US consulate in India and given the immigrant VISA, The Follow to join process is like Consular Processing.
Hope I answered your doubts.
It again depends..if you use EAD with same employer .you will not use your h1. I have done that and very clear on that.
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StuckInTheMuck
04-27 11:02 PM
Why should speeding tickets matter?
(To make sure we are on the same page, I am talking about maintaining PR status after you have GC, and not while your I-485 petition is pending.) Speeding tickets do not matter in maintaining PR status, neither do they matter in your eventual citizenship status, but you must include them in the citizenship application form N-400 (http://www.uscis.gov/files/form/N-400.pdf), Part 10, Question 16: "Have you even been arrested, cited, or detained by any law enforcement officer for any reason?" Speeding tickets mean both citation and temporary detention (this is why parking violations are excluded). However, for such minor infractions you do not need to attach documents wth your application (see the bottom sentence in page 25 here (http://www.uscis.gov/files/article/M-476.pdf)). But it is still a good idea to keep all documentation, no matter how trivial.
(To make sure we are on the same page, I am talking about maintaining PR status after you have GC, and not while your I-485 petition is pending.) Speeding tickets do not matter in maintaining PR status, neither do they matter in your eventual citizenship status, but you must include them in the citizenship application form N-400 (http://www.uscis.gov/files/form/N-400.pdf), Part 10, Question 16: "Have you even been arrested, cited, or detained by any law enforcement officer for any reason?" Speeding tickets mean both citation and temporary detention (this is why parking violations are excluded). However, for such minor infractions you do not need to attach documents wth your application (see the bottom sentence in page 25 here (http://www.uscis.gov/files/article/M-476.pdf)). But it is still a good idea to keep all documentation, no matter how trivial.
willgetgc2005
11-16 11:59 AM
PAPPU and Others,
We pay taxes PLUS Social Security for which we dont get any benefit. Dont miss that.
Let us be assertive about that.
we try to mention in our media interviews about us paying all the taxes and playing by the rules, still the anti immigrants pursue this misinformation campaign against us. We will all try to ensure that in every media interview we say that we pay all taxes..
We pay taxes PLUS Social Security for which we dont get any benefit. Dont miss that.
Let us be assertive about that.
we try to mention in our media interviews about us paying all the taxes and playing by the rules, still the anti immigrants pursue this misinformation campaign against us. We will all try to ensure that in every media interview we say that we pay all taxes..
bharad
01-30 04:35 PM
Voted now.