Beemar
12-14 11:41 PM
Dude, are you serious? You will, only possibly, be laid off in April next year. Means you have got 4 months to find yourself a new job. You already are in I-485 stage, so you don't need any immediate visa to maintain status. And you are telling me you are distressed?
Grow up. I know many guys who are already sitting without job and valid status for 6 months, and even more. I mean, I can't believe you are serious.
Grow up. I know many guys who are already sitting without job and valid status for 6 months, and even more. I mean, I can't believe you are serious.
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nmdial
04-22 11:26 AM
enjoy food.. best place to enjoy all sorts of food in US
I'll. I am big foodie (from all places)...
I'll. I am big foodie (from all places)...
drirshad
04-18 11:18 PM
http://hammondlawgroup.blogspot.com/
Friday, April 13, 2007
Bills Introduced
There have been two bills introduced which may help our cause and are surely of interest to readers of this Blog.
The first is a re-introduction of the SKIL Bill (S. 1083). The text of the bill has not yet been released to the public. It is expected that this will contain the same retrogression-elimination language that was contained in the 2006 version of the bill. The bill was introduced by Senator Cornyn and cosponsors include Senators Allard (R-CO), Bennett (R-UT), Hutchison (R-TX), and Lott (R-MS). As readers of this blog may be aware, Sen. Hutchison has long been a leader on Schedule A visa reform.
The second bill (S. 1092) seeks to immediately raise the H-1 quota, and was proposed directly as a result of last week�s immediately-reached H-1 visa cap. Sen. Hagel is the sponsor of this bill. The text of this bill is unavailable at this time as well.
Both bills shortly should be available on THOMAS.
UPDATE: As expected the 2007 version of the SKIL Bill contains favorable language.
Friday, April 13, 2007
Bills Introduced
There have been two bills introduced which may help our cause and are surely of interest to readers of this Blog.
The first is a re-introduction of the SKIL Bill (S. 1083). The text of the bill has not yet been released to the public. It is expected that this will contain the same retrogression-elimination language that was contained in the 2006 version of the bill. The bill was introduced by Senator Cornyn and cosponsors include Senators Allard (R-CO), Bennett (R-UT), Hutchison (R-TX), and Lott (R-MS). As readers of this blog may be aware, Sen. Hutchison has long been a leader on Schedule A visa reform.
The second bill (S. 1092) seeks to immediately raise the H-1 quota, and was proposed directly as a result of last week�s immediately-reached H-1 visa cap. Sen. Hagel is the sponsor of this bill. The text of this bill is unavailable at this time as well.
Both bills shortly should be available on THOMAS.
UPDATE: As expected the 2007 version of the SKIL Bill contains favorable language.
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$eeGrEeN
05-15 09:31 AM
This is totally ludacris to me. Even though the bulletin expects movement going forward, there is no assurance that the dates will not go back. On the flip side, I am wondering if USCIS/DOS wanted to fully utilize the 140K visas this year and just moved the dates too much ahead. If thats the case, the dates might not move again or retrogress back further. DOS official Oppenheimer mentioned that atleast 10-11k were wasted last year. I still feel that the dates are going to go back some time sooner or later without congressional law changes.
This means that we have to stay put and work towards our common goal of getting the system fixed.
yup , rightly said....
This means that we have to stay put and work towards our common goal of getting the system fixed.
yup , rightly said....
more...
vnsriv
07-19 01:53 PM
I was in the same shoes once...did some reseach and gather some info hope it will be helpful to resolve your case.
You can file spouse 485 later but not always
--------------------------------------------------------------------------------
Following is my scenario and the advice I received from a Top (at least high fee: $250 for a 20 minute phone session) lawyer.
EB3 PD Nov 2002 I-140 Approved Jan/04 1-485 filed June 04. I got married in Dec 04 and we were back in USA in Jan 05. Unfortunately we were 2 week too late to beat the retrogression.
My lawyer told me to file wife's 485 as she is dependent and PD is not an issue. Absolutely wrong. USCIS returned her application after 5 weeks.
We waited almost 2.5 years to finally file her application in June 07. I got approved on 23 June but we are OK since her application was filed before that
Key:
1. Get married before your GC approval (before/after 140/485 does not matter as long as you are not approved.
2. Bring spouse on H4 (No derivative status with EAD so maintain H1)
3. Keep all the documents ready (Birth certificate/Marriage certificate etc.)
4. Follow visa bulletin as soon as dates are current get medical test completed
5. File her 485 (Make sure USCIS receives it after the dates become current)
(If USCIS receives your application before dates being current they may still accept the package and reject it after couple of weeks. )
6. What if you are married before GC approval but get approved before her 485 is filed
1. Spouse out of USA
No other way but to file 'Follow to join' in home country. Spouse will not be able to entry on any other visa before his/her GC approval.
2. Spouse in USA on his/her own status ( i.e. wither H1/L1/F1 etc.)
File 485 as a derivative no special processing
3. Spouse in USA as your dependent ( i.e. H4 etc.)
he/she will be 'out of status' as soon as your GC is approved. Inspected by an immigration agent at entry point. Not on parole. You can file 485 under [Section 245(K)] within 180 days. No special processing. NO fines.
Please talk to a reputed lawyer before doing any thing.
My story
EB3 RIR PD Jul 2002,
Filed I-485 in Jun 2005 was not married at that time
Did a speedy marriage in Sept 2005 in US, wife was on H1 and submitted the papers for wife, USCIS rejected because of retrogession
Waited till Jun 2007 to get dates current, filed wife's case on 7th jun
Got my I-485 approved on 28th Jun. Still waiting for wife's receipt notices.
You can file spouse 485 later but not always
--------------------------------------------------------------------------------
Following is my scenario and the advice I received from a Top (at least high fee: $250 for a 20 minute phone session) lawyer.
EB3 PD Nov 2002 I-140 Approved Jan/04 1-485 filed June 04. I got married in Dec 04 and we were back in USA in Jan 05. Unfortunately we were 2 week too late to beat the retrogression.
My lawyer told me to file wife's 485 as she is dependent and PD is not an issue. Absolutely wrong. USCIS returned her application after 5 weeks.
We waited almost 2.5 years to finally file her application in June 07. I got approved on 23 June but we are OK since her application was filed before that
Key:
1. Get married before your GC approval (before/after 140/485 does not matter as long as you are not approved.
2. Bring spouse on H4 (No derivative status with EAD so maintain H1)
3. Keep all the documents ready (Birth certificate/Marriage certificate etc.)
4. Follow visa bulletin as soon as dates are current get medical test completed
5. File her 485 (Make sure USCIS receives it after the dates become current)
(If USCIS receives your application before dates being current they may still accept the package and reject it after couple of weeks. )
6. What if you are married before GC approval but get approved before her 485 is filed
1. Spouse out of USA
No other way but to file 'Follow to join' in home country. Spouse will not be able to entry on any other visa before his/her GC approval.
2. Spouse in USA on his/her own status ( i.e. wither H1/L1/F1 etc.)
File 485 as a derivative no special processing
3. Spouse in USA as your dependent ( i.e. H4 etc.)
he/she will be 'out of status' as soon as your GC is approved. Inspected by an immigration agent at entry point. Not on parole. You can file 485 under [Section 245(K)] within 180 days. No special processing. NO fines.
Please talk to a reputed lawyer before doing any thing.
My story
EB3 RIR PD Jul 2002,
Filed I-485 in Jun 2005 was not married at that time
Did a speedy marriage in Sept 2005 in US, wife was on H1 and submitted the papers for wife, USCIS rejected because of retrogession
Waited till Jun 2007 to get dates current, filed wife's case on 7th jun
Got my I-485 approved on 28th Jun. Still waiting for wife's receipt notices.
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ns33
03-18 04:22 PM
Answers below:
1. Technically there is no Salary restriction. As stated above it is a grey area. But, if the job duties are the same and the salary difference is too big (no one knows how much is acceptable without raising questions), then it brings into question if you are still performing the same duties. But basically, you have to make equal to or more than the LC.
2. I have used AC21 before. Have not done EAD renewal yet.
Have a question about point1. Most of larger corp employees who have been in the wait cycle 6-8 years, entered in this coprs at rather lower salaries compared to current day standards. Once inside, pending GC process, you do not get too much of raise or adjustments (2-5% - more of inflation adjustments every 1.5-2 years or so).
Going out of these positions, within similar technical positions, even at lower - rather conservative end of the current pay scale (on AC21-EAD) it is very easy to reach bracket closer to 40-50% higher. Converting to full time consultants, even in tighter market due to current economy; would actually mean closer to 60-70% difference. How do we handle this? Staying within large corp on FT basis does not make sense financially after all these years. Espcially when EB3 category PD doesn't show any sign of life.
If you have a good suggestion/solution please PM me.
Thanks
NS
PS. this entire rant is about people who have been in the same FT position without promotions and very minimal pay adjustments in large corporations - probably outside west cost. So please keep any and all flaming at my post in the context.
1. Technically there is no Salary restriction. As stated above it is a grey area. But, if the job duties are the same and the salary difference is too big (no one knows how much is acceptable without raising questions), then it brings into question if you are still performing the same duties. But basically, you have to make equal to or more than the LC.
2. I have used AC21 before. Have not done EAD renewal yet.
Have a question about point1. Most of larger corp employees who have been in the wait cycle 6-8 years, entered in this coprs at rather lower salaries compared to current day standards. Once inside, pending GC process, you do not get too much of raise or adjustments (2-5% - more of inflation adjustments every 1.5-2 years or so).
Going out of these positions, within similar technical positions, even at lower - rather conservative end of the current pay scale (on AC21-EAD) it is very easy to reach bracket closer to 40-50% higher. Converting to full time consultants, even in tighter market due to current economy; would actually mean closer to 60-70% difference. How do we handle this? Staying within large corp on FT basis does not make sense financially after all these years. Espcially when EB3 category PD doesn't show any sign of life.
If you have a good suggestion/solution please PM me.
Thanks
NS
PS. this entire rant is about people who have been in the same FT position without promotions and very minimal pay adjustments in large corporations - probably outside west cost. So please keep any and all flaming at my post in the context.
more...
logiclife
02-16 06:12 PM
The house bill HR 4437 does not have little benefit for legal employees. It has NOTHING for legal employees. NOTHING.
USCIS wont allow 485 applications coz its slow and cant process everyone, it will allow filing based on number of applicants it expects compared to number of visas available. And the beauty of this thing is...USCIS has NO FRIGGIN CLUE how many 485 applications it would expect if it moved the PD forward by so and so date. They are doing this on guesstimate basis. And another beautiful thing is that if they play too safe, the quota of 140 K might not even be used fully even this year in 2006. Those unused visas will sit there either unused or issue to our dear nurses under Schedule A.
USCIS wont allow 485 applications coz its slow and cant process everyone, it will allow filing based on number of applicants it expects compared to number of visas available. And the beauty of this thing is...USCIS has NO FRIGGIN CLUE how many 485 applications it would expect if it moved the PD forward by so and so date. They are doing this on guesstimate basis. And another beautiful thing is that if they play too safe, the quota of 140 K might not even be used fully even this year in 2006. Those unused visas will sit there either unused or issue to our dear nurses under Schedule A.
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mnkaushik
06-04 04:57 PM
Slightly off topic. But do we need to send our original BC if we are sponsoring someone other than your parents. I am in the process of sponsoring my aunt and would like to know if i need to send my orginal BC. Sorry for going off topic.
more...
desigirl
12-02 10:12 AM
As i had indicated earlier, I spoke with my employer, he cannot do anything in terms of lobbying - but has agreed to do things. He will donate to IV and he will write a letter stating that small businesses like ours need to be able to fully utilize the capabilities of the employers...and it helps to have the green card.
Not sure who the letter needs to be addressed to, any suggestions would be helpful.
Not sure who the letter needs to be addressed to, any suggestions would be helpful.
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sanjeev_2004
10-02 09:54 AM
Me-:(
I am on eb2 and the application is in Nebreska service center...3 weeks back or so they got a RFE, do not know what the RFE is about yet ....!!
Are you also waiting for 140 approval ?
I think h my filing (or was it receipt date) was oct 24, 2006.
Hi,
what is your online status after RFE. Does online status change to "RFE" from "Received and pending" once we get RFE. My employer dont tell me much about my I140 status or RFE but I have receipt number. I can check online
Thanks.
I am on eb2 and the application is in Nebreska service center...3 weeks back or so they got a RFE, do not know what the RFE is about yet ....!!
Are you also waiting for 140 approval ?
I think h my filing (or was it receipt date) was oct 24, 2006.
Hi,
what is your online status after RFE. Does online status change to "RFE" from "Received and pending" once we get RFE. My employer dont tell me much about my I140 status or RFE but I have receipt number. I can check online
Thanks.
more...
nozerd
01-15 09:52 PM
Looks like the best bet for you would be to give the exam in either Houston or Dallas.
I am in Denver, Colorado...there is els center here...but that is nt mentioned on the ielts.org website.
I am in Denver, Colorado...there is els center here...but that is nt mentioned on the ielts.org website.
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Mumbai_girl
12-02 12:06 PM
Dear Friend:
I will also be going to the Kolkata Consulate to get my H1B stamped in May 2008 (HIB expires Aug 2008). Since getting an appointment at the US Consulate requires a prior payment of visa fees at a Consulate designated bank, I would apprecitae if you would let me know how this process works: I.e: (1) How to pay the visa application fee and the visa issuance fee at that bank; and (2) how to book an appointment at the Consulate at Kolkata. Thanks again.
This link should explain all your queries
http://www.vfs-usa.co.in
I will also be going to the Kolkata Consulate to get my H1B stamped in May 2008 (HIB expires Aug 2008). Since getting an appointment at the US Consulate requires a prior payment of visa fees at a Consulate designated bank, I would apprecitae if you would let me know how this process works: I.e: (1) How to pay the visa application fee and the visa issuance fee at that bank; and (2) how to book an appointment at the Consulate at Kolkata. Thanks again.
This link should explain all your queries
http://www.vfs-usa.co.in
more...
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hopefulgc
05-12 04:35 PM
while that i true... imagine where we would have been if MLk had decided to sit back..
or talk about another great soul from your motherland
...If Sherpa Tenzing had decided that he is happy climbing a knoll than conquer the heights of everest.... would he be distinguished.
As someone said, We will have to be the change, we wish to see in this world.
or talk about another great soul from your motherland
...If Sherpa Tenzing had decided that he is happy climbing a knoll than conquer the heights of everest.... would he be distinguished.
As someone said, We will have to be the change, we wish to see in this world.
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Nil
11-09 11:10 AM
^^^^^
more...
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thomachan72
01-21 12:07 PM
I had a doctor's appointment today and my doc asked if I had read this article: Why Chinese Mothers Are Superior - WSJ.com (http://online.wsj.com/article/SB10001424052748704111504576059713528698754.html) and if I agreed with the author (coming from an asian/indian family)
What do you think?
I agree 101%:D:D
What do you think?
I agree 101%:D:D
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neoklaus
11-14 03:33 PM
Does it have anything to do with how recently you travelled out of the country? or How recently you came into this country? My wife came to US only 6 months back and I am not sure if this has got to do anything with the whole biometrics thing?
It is probably just this IO who has a different intepretation of the rules.
I came to US in June,07, my husband & daughter -Aug.14,07...probably just interpretation matters
It is probably just this IO who has a different intepretation of the rules.
I came to US in June,07, my husband & daughter -Aug.14,07...probably just interpretation matters
more...
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eb3retro
06-17 04:33 PM
u r right, green for you...
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.
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.
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viper673
06-08 11:11 PM
Hi Dingudi,
The problem is not the hours I worked as I've always worked legally and within the laws of the University and visa status.
The problem is proving that I filed my taxes, which I did but I can't produce evidence and neither can the IRS.
The problem is not the hours I worked as I've always worked legally and within the laws of the University and visa status.
The problem is proving that I filed my taxes, which I did but I can't produce evidence and neither can the IRS.
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pariraj
08-26 02:21 PM
She can work for any company she wants... her EAD is not limited to any job/profession... So she can work for Company B or C or D
PS - My wife works for company B using AP/EAD that came as a result of my I485 done by my employer. So she should enter on AP and use EAD to work. No issues. She can always have the H1 in her back pocket for back up... I would consult a lawyer if I were you before using the H1...
She can not get an H4 though... thats seen as abandoning your AOS status...
Hope this helps...
Are you sure about this? My wife is on H1-B right now having EAD and AP both and she wants to quit her job. So I am planning to switch her from H1-B to H4. Will that abandon her I-485 filed as a dependent?
PS - My wife works for company B using AP/EAD that came as a result of my I485 done by my employer. So she should enter on AP and use EAD to work. No issues. She can always have the H1 in her back pocket for back up... I would consult a lawyer if I were you before using the H1...
She can not get an H4 though... thats seen as abandoning your AOS status...
Hope this helps...
Are you sure about this? My wife is on H1-B right now having EAD and AP both and she wants to quit her job. So I am planning to switch her from H1-B to H4. Will that abandon her I-485 filed as a dependent?
joydiptac
09-30 05:37 PM
I liked the tone and tenor of aila...
Before you get all mushy about AILA and start bashing USCIS take deep look and see if AILA is really acting as a friend or a adversary in friends disguise?
Before you get all mushy about AILA and start bashing USCIS take deep look and see if AILA is really acting as a friend or a adversary in friends disguise?
snathan
03-28 04:22 PM
As per my tax preparer's advice, I sent both the tax return and W-7 form to IRS ITIN Operation office in Austin, Texas. Is this the correct address?
yes...
yes...
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