Saturday, June 11, 2011

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  • longwait4gc
    02-23 04:58 PM
    Talk to your company lawyer first. I can try to answer few questions based on my interpretation which might be wrong.
    Hi,
    I just started my 5th year on H1-B (EB-2) at a very large software firm. I also have a Masters degree from a good university etc. I was delaying filing my PERM (part stupidity and partly thinking of changing my job). Now, I received information from the company that new PERM applications may be impacted because we had layoffs recently. Although I am not personally aware of anyone with my job title being fired, I am wondering if they will wait for 6 months after the layoffs to actually start filing new applications.
    I am new to this, and this may be a simple question. What usually happens? Do they put off all PERM applications for 6 months after layoffs? Does this mean that companies that have not had layoffs can continue to file PERM applications?
    Yes, if there is no layoff you can continue file PERM in that company. If there is layoffs and you file PERM then they will reject it after that your company can file request for reconsideration.
    I ask this because I am thinking that maybe then I should look for a company that has not had layoffs (best of luck to me, right? :) I think there's a couple out there :) ). If I do go down this route, can I start a PERM application immediately or do I have to work at the company for a while before I can do this?
    Yes you can start PERM but make sure you negotiate this condition before accepting their job.

    I am also worried that the PERM could get delayed by 6 months or more because there might be more layoffs. If there are further delays in the time to be approved (more than a year), then I might be cutting it really close as far as my H1-B term goes. Is anyone in a similar situation? Am I at risk here? What happens if PERM filing is in process when H1-B duration comes to an end? Do I just have to leave?
    If the priority date is 365 days old then they can file extension for H1B. You will get yearly extensions until your I140 is approved. Best of luck.

    A lot of these are maybe newbie questions, but I am kind of worried and I would appreciate it if you can contribute answers to whichever questions of mine that you are familiar with.

    Thanks





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  • BeCoolGuy
    04-04 07:27 AM
    https://efiling.uscis.dhs.gov/efile/ allows you to efile your applications. Not all can be efiled, but the EAD and AP can be! For sure.

    Max you can do is 180 days in advance. It is unnecessary for the most part. But won't say it is not advised. Only some folks have experienced delays in getting their EADs on time, and such events, its always to be earlier than late in filing.

    In terms of processing - and which one is better - i would assume e-file is slightly faster. Only difference is USCIS gets paid a lot faster. One may be required to do FPs in any case. It doesnt matter, if they need new fingerprints, they'll ask for it. After efiling, USCIS may still ask you to send supporting documents to their mailing address, along witha printout of the receipt of efiling. Other benefit of e-filing is, that you get your EAC (Receipt # stating that appln has been filed) right away. That is a huge benefit according to me, than anything else, for efiling. Other one is ofcourse, you dont pay to your lawyer for that processing fees.

    Goodluck.





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  • Sai gc
    05-12 10:49 AM
    Anyone please advice.





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  • crystal
    10-26 02:48 PM
    It is like h1 aproval notice with a photograph in it

    how does AP look like?. is it like EAD or just a piece of paper.thanks:)



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  • lostinbeta
    09-10 02:30 AM
    Actually it is 3 seperate images all of which are .png images with transparency, all which use A/S. You are right though, they are small images and it is a small flash movie. I guess with something bigger it wouldn't be a good idea.

    Thanks for the info david. Much appreciated:)





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  • prabirmehta
    03-22 10:58 AM
    The webfaxes are effective! I just got off the phone with Senator Chambliss' immigration department. The person I spoke with (can't remember his name) mentioned the usual spiel: They were working on increasing the H1-B cap. They didn't seem aware of the retrogression issues. I clarified the problems we are facing and how they shouldn't be combined with illegal immigration and H1-b issues. He mentioned that the senate (with Senator Chambliss' help) passed legislation a couple of months ago to recapture visa numbers and was waiting for the House to pass the same measure. Is that true? In any case, our message is reaching the corridors of power. Good job guys!



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  • obviously
    11-06 10:00 PM
    Dear Friends,

    It is great to see so much momentum in writing letters to elected officials. May I suggest that those impacted by retrogression/backlogs take an extra effort to articulate the issues and focus on differentiating it from the H1-B issues.

    Here are some ways to frame 'thought provoking' discussions regarding retrogression:

    Start off by stating in your letter that you are a non-US Citizen and non-Permanent Resident, currently in the Legal Immigration Queue!!

    - In a country where there can be no legal bias on the basis of one's country of origin, why do we tolerate artificial quotas and restrictions during the legal immigration process based on country of origin?
    - In an economy known for its dynamism and pace, where meritrocracy and hard work alone matter in principle, partly shored up by its hire and fire policy, granting Green Cards expeditously only enables them to more fully participate in the dynamic economy.
    - In a country known for constant innovation and change, where the Top 10 firms of 50 years ago are so very different from the Top 10 firms of today, not enabling value-added immigration by highly skilled workers will only prevent such exponential innovation in the next 50 years.

    - In a global economy where knowledge work can be done at any place where you have high speed networks, delays in granting Green Cards to highly skilled workers within the US only risks them and their high tax-paying jobs moving to other countries; including India, Canada, Ireland, New Zealand, Singapore etc..
    - From a public policy perspective, the time delay effect of not implementing a forward-looking policy in this regard will only inhibit economic growth because good ideas, able workers and creative capital finds its natural level over time. If the unreasonable backlogs continue for a foreseeable future, it is the US economy that will suffer in the long term because people and ideas will find a welcome home in other countries.
    - Seeking resolution to the retrogression issue is neither a claim of entitlement or social promotion. It is requesting fairness, equity and reasonableness for those that respected the law and sought legal immigration through hard work and economic value-addition.
    - Recapturing unused visa numbers does not create a net addition to the immigrant worker pool. In fact, it only creates a more mobile workforce, that can seek higher paying jobs, and in return contribute through taxes and social security.
    - Ignoring the retrogression issue, would at one level, amount to gross injustice to citizens of countries that are democratic allies of the US.

    Let us list out factual, cause-effect statements of non-resolution and hope that Congressional staffers will present these 'bullet points' in front of lawmakers.

    I would urge everyone to send a personal email/ message.

    1. Start off the email/message saying that you would like to share your pain points and perspectives so that the lawmakers can better learn about your interests, and that you hope that they will be sympathetic enough to come to the aid of legal high tax paying workers, and their respective employers.
    2. Be frank and honest about the pains that you face due to retrogression - e.g. wife unable volunteer/seek work, unable to travel to other countries, unable to seek higher paying jobs, unable to grow professionally, unable to plan personal lives and investments, unable to live the American Dream, unable to move across State lines, unable to quell spouse's frustrations in being under 'house arrest', unable to feel the true freedom of this country, unable to maximize your value to the economy ... and other struggles and sacrifices
    3. Take each of the above points and customize it to fit your needs
    4. Close the email with a note to the effect that you would like to constantly remind the lawmakers that in their constituency, in this great democracy, in this meritrocratic economy, the current policies have created a slew of issues and hardships on professional and personal fronts due to the state of limbo.
    5. Remind the audience that retrogression is an issue of 'backlogging' and is separate from the H1-B issue.
    6. Remind them that not long ago, the Civil Rights movement started on the rather simple premise of ensuring that each and every man, woman and child in this country could live free and keep this nation free and make this a better world. The need for legal immigrants of the 21st century is no different in that you have a class of artificially segregated society that is unable to break free of its shackles of artificial quotes and arbitrary waiting times ... for no fault or folly of the person except that they dared to dream that they can live the Great American Dream.
    7. Seeking resolution is not something to be ashamed or afraid about, and it definitely is not about 'guest workers not wanting to go back'. There is a legal process for guest workers to seek permanent residency and as applicants in the process, you are only seeking fair, judicious and expeditious resolution to backlogs and artificial 'hold backs'. This is a nation of immigrants and if one went back three to four generations, you would find stories of brave, bold believers that sought out the New World. Legal immigration is the modern Ellis Island. An entrance to the land of the brave, the land of the free.

    Please, please take a moment to send out messages so that this features on their radar. Keep the messages professional, yet personable. Don't harrass or 'name call' anyone or any constituent in the messages. Our job should be to highlight the pain point, let us leave the resolution in their capable hands.

    There are 1000's of members in IV. If each member seriously committed to sending just 1 message, chances are that we would be reaching ALL the elected members.

    Remember, you can come back here and rant and rave as much as you want; or pontificate or predict about the issues. None of that makes a difference as much as your ability to challenge current beliefs and turn the tide in your favor through constant, consistent communication to lawmakers.

    It's your turn... with the elections coming to close tomorrow, NOW is the time to set things right. Go ahead, please, I beg each one of you, make a commitment to send A Personal Message of Pain(AMAW)

    Obviously

    P.S. I would not recommend the 'Message A Week' from one person. I meant to say, if each of us took time to send 1 message each, over the next couple of weeks, together, we would end up having at least 1 message a week from this constituent body reach lawmakers and their offices. Please DO NOT flood them with messages every week, from the same person. This would waste their time and not be respectful of their attention. Again, just 1 message per person with all the points in there, would be helpful.





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  • satish_hello
    08-21 11:08 AM
    Please let us know what was the RFE, did you change job AC21. What do you expect in RFE?.

    Thanks
    satish



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  • KabAyegaMeraGc
    10-22 01:07 PM
    Admin2 - thank u much for your motivation. I do understand IV is doing great work but if you can shed some light on whats going on behind the scenes, it you really help me decide on many things. One of the thing, my lawyer is recommending is to initiate porting to EB-2 which I understand may take anywhere around 18 mnths if all goes well...





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  • fromnaija
    07-22 09:24 AM
    You nearly aged out but since your priority date became current before your 21st birthday, you should be eligible to get an immigrant visa. CSPA protects you here. Also they should deduct about four months (period your father's I140 was outstanding) from your current age. This makes you eligible for a visa. See what happens at your next appointment but ask your Dad to talk to an immigration attorney in the US.



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  • gc28262
    09-01 06:27 PM
    I'm in the same hole. Oct'2003 is my PD EB2I. had interview 3 months back. Was waiting so eagerly for this day. no update on my case. While I see Dec'2004 cases getting approved. Why can't USCIS do some organization and issue green card purely by priority dates rather than at the mercy of the officer. Why should they make lives of poor immigrants and green card applicants as miserable and touch as possible? Can't do anything more than feeling bad. :-(

    If your PD is current, try creating a service request. This will force IO to look at your case. If it is ready for approval, he would probably approve it.





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  • copsmart
    02-10 09:30 PM
    Congrats!

    It�s good have a GC in this very bad economy.

    Erase the H1 worries and enjoy your green.



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  • Jaime
    09-18 10:16 PM
    We saw many toddlers and older kids! Brave little ones!!!

    By the way chanduv, I looked for you everywhere! Too bad we didn't get to meet this time. You have done a truly amazing job and wanted to congratulate your in person! Hope to meet you soon!





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  • waitnwatch
    12-07 06:49 PM
    Note that once you get a new passport the old one will be stamped as cancelled. So effectively you only get to use the new passport and all stamping will be done on that.

    for payal nag

    did you by any chance not send the extra $15 or so which guarantees overnight delivery. My experience is that I got my new passport back within 7 days. Same with my wife's passport. This is SF I am talking about.



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  • hpandey
    11-11 11:14 AM
    Look at the bright side buddy . It is definitely something to look forward to and provides hope that you might get the magic email of getting your GC any day. Of course three year H1 extension and two year EAD is the problem but you are looking on the wrong side. If you get the GC neither will you need the H1 nor the EAD.

    And I don't think you are thinking about the money wasted by just having a 1 year H1 and EAD because I am sure you will get your GC in the next one year at least . Cheer up. Things could be worse ( you could be EB3 - 2008 ! )





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  • veni001
    05-19 10:38 AM
    Guys,

    I did 3 Years Diploma in Computer Science after 10+2(Non Medical) from India and I have about 16 years of experience in IT. I am thinking of using this education to complete my Bachelors here in US. I would like to know what would my education equate to US Education.

    I need an Idea how many courses I would have to take to complete the Bachelors? Please share any tips that would help me take less number of courses.It's not easy with kids.

    Thanks

    I think it is equivalent to Associate degree!!



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  • RandyK
    02-16 10:57 AM
    How is the FBI check different for H1 Vs I-485/CP ? Don't they look for criminal history at both times ?





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  • vishwak
    10-11 09:07 AM
    Better Luck in December bulletin for EB2 and Hope Eb3 will move forward too.

    All the best to all waiting for GC like me.





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  • sailing_through
    02-18 01:31 PM
    Well, thanks all for your responses, but I am as cfused as I was before I posted the question. Do any of you have any sources to back your claims. I know for sure that worldwide income has to be reported, so thanks for that clarification desi3933. But do you have a source that mentions that a person on H4 can for sure work outside. Many thanksa again guys. All your help is appreciated.





    hebbar77
    09-16 12:25 PM
    I am not sure if there is a law that requires us to stay with the GC employer after getting GC. However, many lawyers have suggested a general rule of thumb of at least 6 months after getting GC approval.

    However, the rule that can be invoked to prove you have stayed with the GC sponsoring company could be the 245(i) which requires a 180 days after filing 485 application, which I believe many of us must have already abided by.....


    I heard it is 6 months from many sources(no-attorney ). The rule is you should have had genuine intention of working for sponsoring employer after GC. Eg , if you switch in a week after GC, it is obvious you did not have such intention....
    6 months is long enough for me if I were to switch. But of course you need to have something better than current thing to switch!!
    Also have a genuine unforseen reason due to which you need to leave your sponsoring GC employer.

    Note : I am not a attorney...





    addsf345
    11-11 03:46 PM
    I am a july 2007 filler as well and my GC was approved last month though the processing date was few months behind. I know some other cases as well whose 485 was approved when the processing date was not current. So i would say that just stay positive and keep your fingers crossed. Happy days should be just around the corner.

    can you share more details about your case?



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