Friday, June 10, 2011

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  • ajju
    09-25 12:22 PM
    Good find - shows the plight of legal immigrants.

    A bit of nitpicking - actually the chart is underestimating the time for EmploymentBased / skilled immigrants wait - says 11-16 years to get citizenship sort of suggesting 16 years is the worst case scenario to get citizenship. Its a bit underestimate especially for people coming from India/China. I have seen many people (including me) on these forums who entered US "legally" ten years ago and still waiting for GC with no idea when they would finally get it. Some of them might finally get citizenship 20 years after entering the country "legally".

    On the whole it shows the reality of legal immigration and its waiting times.

    Add wait time or prev unsuccesful attempts of paplying 485... So you can add... addition 4-5 years., fore unlucky people like me to be able to apply for a GC Application :D





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  • roseball
    03-29 08:31 PM
    This is definitely good news for people who are in PERM stage but this also means fewer spill overs since all ROW EB-2 who were waiting for PERM will now file 485

    In addition, with the economy picking up, I believe there will be a lot more people who will be porting their old EB-3 I PDs by starting a new Eb-2 case....effectively consuming more EB-2 I numbers but with no forward PD movement.





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  • MannyD
    10-25 01:19 PM
    should be valid preferably until you get your new I140 approved.

    Wanted to seek clarification: When you say "valid" do you mean past employer doesn't withdraw the 140 petition / substitute the LC? Or does 140 have a "valid till" date?

    And I note that someone mentioned we can go for any EB category in the new company. Can we also port the PD for any other job profile or should the job profile (as in approved LC/140) be matching in the new job?

    Thanks!





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  • venky08
    10-30 06:15 PM
    bump



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  • Munna Bhai
    08-30 07:53 AM
    copy of first and last paystubs of all employers?
    :eek: :eek:
    I can hardly find any paystub beyond 6 months, in my case. I hope and pray that I dont get an RFE like that. Do people really keep all the paystubs they ever received from employers? that is an outrage.
    If this is not unfair that what else is?
    WOW.......

    I think the best way to handle this is, atleast contact couple of attorneys and sit down with them. Go over every single detail, and dont miss out on any papers. Some of the papers you listed, are standard attachements anyways. I wonder why your lawyer didnt submit those along with original form?

    These type of issues will come only if at some stage(H1b or GC) USCIS has a red-flag associated with this case(or company).





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  • Robert Kumar
    01-03 10:46 AM
    Hello,

    Respectfully, but Yinzak is incorrect. While working for a law office, we researched the issue for a client. There is a memo issued by uscis many years ago. There is NOTHING in INA that says that a person on H-1B visa or status can't attend college and the memo states that as long as attendance to college is "incidental" to the H-1B, not a problem. As such, if a person Maintains H-1B employment, and all the H-1B requirements continue to exist, one can attend college part of full time. In fact, some colleges offer in-state tuition for H-1B applicants. Changing to F-1 is impossible because of immigrant intent showed by GC petition pending for this person.

    Brooklyn college is one that offers in-state tuition for H-1s and does not require change in status at all.

    Thanks for information.
    So are you saying, the employer need not pay me, while I'm full time in school.
    1. How does it effect H1B status.
    2. OK, I'm willing to loose H1B status, but can be on EAD. Is that ok, and not work anywhere.
    3. I'll convince my employer about this option, and he will in 90% case will say that he'll still sponsor GC.



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  • MDix
    09-18 10:05 PM
    How do we know that there would be more FB Visa. This allocation is by law and whatever left by FB get distributed in EB.

    Does any one on this forum know under what section of law family to emp based spill over happens ? Last year DOS allocated some 10k family visas ( unused) to emp quota but it was distributed.

    Just checking if this allocation is by book of law or interpretation of DOS based on some law. There are some chances that this year family based quota could be more and if DOS make them to fall down from Eb1 -- > Eb2 --> Eb3 -- > Eb4 -- > Eb5. then it could make C for all EB2 and those visas can fall down to Eb3 and this way in Oct 2010 atleast EB3 India get some 10-15 k extra visas. but if DOS allocate them across all category from day one then Eb2 row and Eb1 , 4, 5 keep consuming them and during last quarter spill over come down less..

    Lets find out if there is any thing in law.





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  • trueguy
    08-08 09:22 PM
    you shd have come with after 2004 before 2005 bullet too ..actually not sure if this poll is of use since there are many EB3 people who don't even visit this site...

    How do I add more options in this Poll now? I didn't mean to discriminate and I was being realistic here. Sorry about that. Please someone, help me add more options to this poll.

    Thanks.



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  • add78
    08-01 11:54 AM
    Shows the power of "phone calls" vs faxes/emails/petitions
    Awesome.





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  • sbmallik
    06-24 10:18 AM
    Yes, I would attempt Premium Processing on the pending I-140 first so that I can invoke AC21. I never heard of anyone's GC process jeopardized due to H-1B denial.



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  • NolaIndian32
    08-31 01:54 PM
    At the risk of sounding like a broken record, please read my earlier posts on re-using finger prints through the BSS (Biometrics Storage System) implemented a while back by USCIS. Only a small number of applicants will get a second FP notice. See the below for more information:

    http://immigrationvoice.org/forum/forum5-all-other-green-card-issues/23795-2nd-finger-printing-notice-anyone.html#post318744

    Thanks for re-posting this. I obviously missed all your previous posts on this topic. It gives me some hope for approval next month; I haven't received a 2nd FP request since 9/28/07. (I have an LUD, I have an LUD yay!)


    -Nola





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  • vikrantp
    01-23 08:45 AM
    I think with PERM in place you have to be on the payroll for the employer to apply for the GC. Pre-PERM you were not required to be on payroll..

    Thats the info that I know of (Not from lawyers) from friends.. Please correct me if i am wrong.:confused:



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  • smartboy75
    12-04 07:01 PM
    Does that mean the above rules apply only when u want to become a citizen ???





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  • Dhundhun
    11-21 06:11 PM
    Please let me know the way to contact USCIS. Phone number or mail id. I tried contacting them through the 1800 number but it is an automated system, there is no human to talk to.

    I had problem with I94 and used the services of USCIS field office (San Jose) to get it fixed.

    If you want to follow my approach, you may find field office using this URL, get an appointment there, discuss it (that you are in US and check your records, if shows outside US, get it updated) and handover I-102.

    https://egov.uscis.gov/crisgwi/go?action=offices.type&OfficeLocator.office_type=LO

    Good luck



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  • OLDMONK
    06-15 03:07 PM
    its 11 digit the alien number on ur I94 card.

    I read somewhere that A# is assigned for life, thats the reason for my belief that its not I-94#, but seems like I may be wrong.





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  • eb2_immigrant
    09-16 02:35 PM
    I would say go ahead with your plans, There is no risk at all. I got back from India 2 weeks ago,showed my AP (I was asked to join a seperate line for AP holders). Officer asked for my SSN# thats it.

    Do not wait for USCIS to make decisions.



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  • gcformeornot
    04-30 09:21 AM
    out... that's from yesterday....





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  • babuworld
    02-08 11:11 AM
    Hi,

    I filed it for my wife. Please follow the following steps

    1. https://efiling.uscis.dhs.gov/efile/ Register your by clicking on new user
    2.After Registering it will ask you to select with forms you want to file online.
    3. Select I-765 (EAD) file . Make sure you have the following information with you Passport number,Current I-94, DOB, A# number etc, H1B or H4 info ready.
    4. Once you fill the form , it will ask for credit card information.
    5. Once you submit the form . it will automatically generate LIN number for you.
    6. Please Post that form to TSC or NSC what ever center you belong.
    NOTE: Please do not post any other document unless asked by USCIS.
    7. You will get Recipt number in One week also you will get Figure Print Notice the following week.

    Hope this information will help you alot.

    I did efiling for Myself and we got Receipt Notice is one week. Figure Print in next week and EAD in 11 weeks.

    Good Luck!

    Thanks,
    babuworld.





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  • cdeneo
    06-01 08:49 PM
    With the news of onset of RFE's - does the attorney only get the RFE or do both the attorney and the applicant get a copy of the RFE.

    I am sure many would have this question - my attorney on the submitted G-28 form was one tied to my previous company. I have switched jobs since then but have not submitted AC-21 notification (though I qualify for the same). I have not submitted a new G-28 form to change attorney representation since I do not have an attorney at this time.

    I just want to make sure that incase an RFE is issued - I get a copy even though my old attorney is on file. Any input/advise will be much appreciated on how to make sure of the same.





    mohitb272
    12-10 06:54 PM
    I was hired by my present company as a software engineer. I did development for 3 yrs and the company later moved me to a Business Analyst's role later. However, my labor application lists my job duties as s/w Engineer in a programmer's role.

    Would I be able to use AC21? Do I need to find a s/w development job or can I join as BA as well? I am in a big predicament. Any help here is greatly appreciated.





    ARUNRAMANATHAN
    10-24 02:47 PM
    Yes you can, but you need to go thru the labor and i-140 once again.... Yes you can use the PD from EB3 to EB2 .. But do check what kind of proof you need to do so ......

    Good Luck !



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