Devils_Advocate
03-12 10:36 PM
Congrats !, please do continue to contribute some of your time and effort to this site, your experience can help others still stuck in their misery
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abhishek101
04-13 03:34 PM
One of my friends neighbours Aunt who lives in Australia has a cousin in South Africa
This cousin's sister's uncles' kids' friend got his GC last month, his PD was 2007. He was in EB3.
I have heard quite a few cases like that,
like other day I was at Safeway and the counter lady told me that her friend's cousin's son just got the whole process completed in 2 months and that too in EB3.
I can only say it is just unbelivable that these things still happen in this world. USCIS is just full of bums, we should definitely do some campaign about it.
But then ignorance is bliss :D
This cousin's sister's uncles' kids' friend got his GC last month, his PD was 2007. He was in EB3.
I have heard quite a few cases like that,
like other day I was at Safeway and the counter lady told me that her friend's cousin's son just got the whole process completed in 2 months and that too in EB3.
I can only say it is just unbelivable that these things still happen in this world. USCIS is just full of bums, we should definitely do some campaign about it.
But then ignorance is bliss :D
wandmaker
10-20 06:08 PM
Hello! I'm on H1B, and my spouse is on H4. We received an ITIN for my spouse for our taxpaying needs. My spouse managed to get employed using the ITIN. We filed a joint tax return this year. We received a letter from SS administration saying "We cannot put these earnings on your Social Security record until the name and SSN reported agree with our records." My lawyer says: "your spouse is now barred from GC, because when she's worked for more than X amount of days she became OOS."
When the time will come for my employer to process my GC, what consequences will my spouse's unauthorised employment have on Her ability to receive a Greencard? What are the ways to rectify the situation? Appeals? Special provisions/clauses? Cost?
Thank you,
This is a forum for lawful immigrants, not for unlawful.
When the time will come for my employer to process my GC, what consequences will my spouse's unauthorised employment have on Her ability to receive a Greencard? What are the ways to rectify the situation? Appeals? Special provisions/clauses? Cost?
Thank you,
This is a forum for lawful immigrants, not for unlawful.
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pash02
05-26 11:37 AM
Thanks to IV core members, QGA, senators and their staff.
Kudos to Immigration Voice!
Kudos to Immigration Voice!
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Seems
02-13 05:46 PM
Legal Immigrants - Speak up!
Immigration Voice is your voice
Find your voice with Immigration Voice
A Time To Act - don't just sit and wait for GC
Get Involved - Its Your Life!
Boond boond sey banta saagar - Join IV and be heard!
Immigration Voice is your voice
Find your voice with Immigration Voice
A Time To Act - don't just sit and wait for GC
Get Involved - Its Your Life!
Boond boond sey banta saagar - Join IV and be heard!
number30
06-10 08:24 PM
Hello All,
I was reading at some of the posts in this forum and they seem to have been quiet helpful.
My company has decided to go ahead with my GC process.
Its in the very early stage, but my immigration specialist gave me a heads up regarding something.
She said, that as I have a 3 yrs BE degree the USCIS may not recognize me under EB2 category :confused: So I explained her the education system in India, but she said that it depends upon the Credential Evaluation Agency which will process my educational qualification and prepare a report and submit it to USCIS.
Following this USCIS will make a decision whether to grant EB2 or EB3 category.
I am sure many of the members may have faced a similar Dilemma....Is there any specific solution to this?
To be precise I completed my Diploma from Mumbai & Degree from Pune University, followed by MS in US and currently working on H1B.
Please Advice.
Thanks,
Shakti
It is not 3 years degree. All UK degrees are three years degrees and USCIS accepts the degree as equivalent. Important thing 16 years of education to attain the degree. Ask your evaluator to stress on the point that the your Bachelors was awarded after 16 years of education.
I was reading at some of the posts in this forum and they seem to have been quiet helpful.
My company has decided to go ahead with my GC process.
Its in the very early stage, but my immigration specialist gave me a heads up regarding something.
She said, that as I have a 3 yrs BE degree the USCIS may not recognize me under EB2 category :confused: So I explained her the education system in India, but she said that it depends upon the Credential Evaluation Agency which will process my educational qualification and prepare a report and submit it to USCIS.
Following this USCIS will make a decision whether to grant EB2 or EB3 category.
I am sure many of the members may have faced a similar Dilemma....Is there any specific solution to this?
To be precise I completed my Diploma from Mumbai & Degree from Pune University, followed by MS in US and currently working on H1B.
Please Advice.
Thanks,
Shakti
It is not 3 years degree. All UK degrees are three years degrees and USCIS accepts the degree as equivalent. Important thing 16 years of education to attain the degree. Ask your evaluator to stress on the point that the your Bachelors was awarded after 16 years of education.
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antonyabraham
04-20 04:32 PM
I am also going to India and will be attending appearing for interview at Chennai consulate. I wanted to use AP, but I-140 which was filed on Feb 2007 at NSC is still pending.
Indian consulates do not check the details in PIMS in advance, unlike some consulates in Mexico and Canada. I have written to Chennai consulate and they said they wouldn�t verify my information until I appear for interview in person. I wonder why different consulates have different policies.
But according to murthy.com, PIMS system is more comprehensive now and should have more people in it (as communicated by USCIS to ALIA)
http://www.murthy.com/news/n_nivpim.html
Indian consulates do not check the details in PIMS in advance, unlike some consulates in Mexico and Canada. I have written to Chennai consulate and they said they wouldn�t verify my information until I appear for interview in person. I wonder why different consulates have different policies.
But according to murthy.com, PIMS system is more comprehensive now and should have more people in it (as communicated by USCIS to ALIA)
http://www.murthy.com/news/n_nivpim.html
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guru76
11-27 12:42 AM
I recently used the AP to enter the US. There were no issues in the US. However, the immigration official in India had some confusion trying to understand the AP. I had to show him a letter that my company's lawyer had given me listing the details of the AP and that I could use it for entering the US.
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EB3June03
06-22 07:24 AM
Thanks for your reply hiralal.
Actually, the PPD was positive due to the BCG vaccination. I have heard so many cases that show positive PPD due to the BCG vaccination.
Until 2008, the USCIS was fine with the X Ray clear after the PPD is positive. That has changed and now they need the size of the induration of the test. I don't have the documentation with me right now.
I agree with you that health is wealth and treatment should be taken (if needed). But, I do want to take un-necessary medicine. I don't have any issue with my health. I have been in the US for 12 years now and have no active symptoms of TB. What is the point in trying to the route where you are NOT needed to?
Actually, the PPD was positive due to the BCG vaccination. I have heard so many cases that show positive PPD due to the BCG vaccination.
Until 2008, the USCIS was fine with the X Ray clear after the PPD is positive. That has changed and now they need the size of the induration of the test. I don't have the documentation with me right now.
I agree with you that health is wealth and treatment should be taken (if needed). But, I do want to take un-necessary medicine. I don't have any issue with my health. I have been in the US for 12 years now and have no active symptoms of TB. What is the point in trying to the route where you are NOT needed to?
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on_h1b_since_1998
02-08 03:11 PM
Thanks guys for the quick reply. Just one thing I would like to clarify. My old company was not acquired by the new one. It shut down and the client for which I was working then, transferred my H1B and employed me.
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PlainSpeak
02-24 09:21 AM
Hi,
Im from India and joined the company 4 years back as Programmer/Analyst. I have an Bachelors in Computer Science (3 Yrs) + MCA (3 Yrs) and experience of 4 years & 8 months before joining the company. The company field for GC under EB3, priority date: November 2008 and I-140 approved date: November 2009.
With nearing 9 years of experience company promoted me to Sr. Programmer/Analyst consultant and is ready to file the case in EB2.
My question:
1. My priority date from EB3 is November 6, 2008. So after approval of fresh labor for EB2, can the new I-140 for EB2 be filed with the old priority date of EB3 ?
2. Can the same company hold two I-140 for the same employee? That is keep the EB3 I-140 active and apply for EB2 I-140 till the EB2 clears/approves ?
3. The designation & job duties can be the same as that of EB3 or need to be changed.
Thanks in advance!
For clarification .....
Which company do you work? I only ask because i thought Programmer/Analyst and Sr Programmer/Analyst are only eligible for EB3. I was one more step ahead Apps Dev Cons (which is a system manager postion) and that was also consIdered EB3
Im from India and joined the company 4 years back as Programmer/Analyst. I have an Bachelors in Computer Science (3 Yrs) + MCA (3 Yrs) and experience of 4 years & 8 months before joining the company. The company field for GC under EB3, priority date: November 2008 and I-140 approved date: November 2009.
With nearing 9 years of experience company promoted me to Sr. Programmer/Analyst consultant and is ready to file the case in EB2.
My question:
1. My priority date from EB3 is November 6, 2008. So after approval of fresh labor for EB2, can the new I-140 for EB2 be filed with the old priority date of EB3 ?
2. Can the same company hold two I-140 for the same employee? That is keep the EB3 I-140 active and apply for EB2 I-140 till the EB2 clears/approves ?
3. The designation & job duties can be the same as that of EB3 or need to be changed.
Thanks in advance!
For clarification .....
Which company do you work? I only ask because i thought Programmer/Analyst and Sr Programmer/Analyst are only eligible for EB3. I was one more step ahead Apps Dev Cons (which is a system manager postion) and that was also consIdered EB3
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gconmymind
03-25 01:26 PM
I remember this bill being brought up last year also and was "supposed" to be passed but never even came up for voting...why do u anticipate this will go through this time? My wife is applying for her "H1B" and she is awaiting the lotto results...
I strongly disapprove of ppl waiting for their GC voicing against H1B cap increase because they have crossed that bridge and have H1B. I am only safely assume such ppl will voice against IV and all IV activities once they receive their GC...
H1B increase is ok, but it will cause further backlog for the new filers because of 7% country limit and very few visa numbers. Business is only interested in H1Bs as it gets them the workforce. A GC makes an employee freer and less valuable to a company????
I strongly disapprove of ppl waiting for their GC voicing against H1B cap increase because they have crossed that bridge and have H1B. I am only safely assume such ppl will voice against IV and all IV activities once they receive their GC...
H1B increase is ok, but it will cause further backlog for the new filers because of 7% country limit and very few visa numbers. Business is only interested in H1Bs as it gets them the workforce. A GC makes an employee freer and less valuable to a company????
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crazyghoda
05-06 02:54 PM
Wearing a badge and walking around doesnt have that much impact. What would make an impact would be if someone from IV was a speaker at the conference and highlighting the issues and wait times faced my legal immigrants from India and China.
Presenting a case study of 2-3 immigrants - one who came and was successful and one who got fed up and went back and became successful would drive home the point nicely.
Presenting a case study of 2-3 immigrants - one who came and was successful and one who got fed up and went back and became successful would drive home the point nicely.
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Lisap
08-03 12:11 PM
Why is it that people who have filed after me have already received their notice and had checks cashed? I thought it is based on when the application is received is how they process- I am freaking out thinking that my application fell behind a desk somewhere....
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tabletpc
12-16 10:22 AM
Don't Panic but retaliate.
Appraise your self with form wh4 and AC21 rules and then appreaise your new employer attorney. You and your new employer attorney are in good situation to take your Ex-employer for a ride. Good luck....
After 180 days I-485 is pending and I-140 is approved, your priority date remains valid even if your employer withdraws approved I-140. Basically, your ex-employer cannot stop the case, and as long as you find a new job in similar ocupation and very similar duties, you I-485 can still be approved. Read AC-21 for more information.
Suggestion: keep the employment termination letter/note/email for records for future reference.
Appraise your self with form wh4 and AC21 rules and then appreaise your new employer attorney. You and your new employer attorney are in good situation to take your Ex-employer for a ride. Good luck....
After 180 days I-485 is pending and I-140 is approved, your priority date remains valid even if your employer withdraws approved I-140. Basically, your ex-employer cannot stop the case, and as long as you find a new job in similar ocupation and very similar duties, you I-485 can still be approved. Read AC-21 for more information.
Suggestion: keep the employment termination letter/note/email for records for future reference.
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akred
06-03 02:05 PM
The question that was asked was - is Statistics a STEM discipline. That cannot be answered from that page even though it looks so. For e.g if I choose the Mathematics Major, it only lists the occupation that requires a Math Major and not the disciplines under Math. For e.g. one one of the occupation is Natural Sciences Managers which is an occupation and not exactly a discipline.
sta�tis�tics (stə-tĭs'tĭks)
n.
(used with a sing. verb) The mathematics of the collection, organization, and interpretation of numerical data, especially the analysis of population characteristics by inference from sampling.
(used with a pl. verb) Numerical data.http://www.answers.com/statistics&r=67
I would be astounded if statistics is not considered a STEM major. The only way to know for sure beyond this forum is to check with a lawyer.
sta�tis�tics (stə-tĭs'tĭks)
n.
(used with a sing. verb) The mathematics of the collection, organization, and interpretation of numerical data, especially the analysis of population characteristics by inference from sampling.
(used with a pl. verb) Numerical data.http://www.answers.com/statistics&r=67
I would be astounded if statistics is not considered a STEM major. The only way to know for sure beyond this forum is to check with a lawyer.
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GC_1000Watt
07-29 05:43 PM
Thank you gc_1000_waats, My attorney also suggested the same as you had mentioned.
So, what is the difference between filing MTR and re-filing after it is declined? Why can't everybody whose h-1 petition has been declined, re-file for H-1 rather than going through the tedious path of MTR?
Well the reason is money. When you are reapplying you are paying the full fees to USCIS again ( I am sure USCIS likes it :D).
I am not too sure but I guess when you file MTR, you are not required to pay any fees.
So, what is the difference between filing MTR and re-filing after it is declined? Why can't everybody whose h-1 petition has been declined, re-file for H-1 rather than going through the tedious path of MTR?
Well the reason is money. When you are reapplying you are paying the full fees to USCIS again ( I am sure USCIS likes it :D).
I am not too sure but I guess when you file MTR, you are not required to pay any fees.
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eb3retro
09-26 12:10 PM
i am a july 2nd filer at NSC , got EAD too. i-140 originally from NSC also.
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s416504
11-17 10:40 AM
Your reply looks OK except your lawyer's suggestion to inform employer about parole status. I don't mind informing employer but the Question is "Is that mandatory to inform employer ?" I think Lawyer's intention could be we need to inform employer (as well as lawyer ) about AP during applying next H1B extention.
Thanks...
Here you go:
If you use AP to reenter, you will no long in H1B status, and you will be a "parolee", but you may still work under the authorization of the original H1B term for the same employer; at the end of the period, you may apply to extend the H1B and then you will get your H1B status back....Sounds not logical, but this is current the CIS interpretation of the regulation.
If you lose H1B, your dependent may no longer on H4; you may keep working for same firm without using EAD until the end of current H1B but you need let employer know that you enter with AP.
Please consult a immigration lawyer and get clarification, above is the reply I got from my lawyer when I told him about using AP while re-entering US.
Thanks...
Here you go:
If you use AP to reenter, you will no long in H1B status, and you will be a "parolee", but you may still work under the authorization of the original H1B term for the same employer; at the end of the period, you may apply to extend the H1B and then you will get your H1B status back....Sounds not logical, but this is current the CIS interpretation of the regulation.
If you lose H1B, your dependent may no longer on H4; you may keep working for same firm without using EAD until the end of current H1B but you need let employer know that you enter with AP.
Please consult a immigration lawyer and get clarification, above is the reply I got from my lawyer when I told him about using AP while re-entering US.
Bhaskar_80
06-17 04:25 PM
Mr.gnutin or any other expert,
Can you please confirm whether I have to stick with the company for 180 days after the 140 approval, if i am planning to change the job to port the Priority date?
Thanks
Can you please confirm whether I have to stick with the company for 180 days after the 140 approval, if i am planning to change the job to port the Priority date?
Thanks
akhilmahajan
08-16 03:52 PM
I will like to suggest is, try to talk to them nicely and try to make them understand what they have talked to you before filing GC.
Otherwise u dont have any choice, definitely u cant risk being rude with them. They can still hurt you as they still have all the cards in their hand.
About the G328 form, i have read in other posts that for some companies HR have signed for the applicant.
It seems like every company has their own way of filling GC. I am sure u are not the first one who are filing GC through your company.
I hoep this helps.
Otherwise u dont have any choice, definitely u cant risk being rude with them. They can still hurt you as they still have all the cards in their hand.
About the G328 form, i have read in other posts that for some companies HR have signed for the applicant.
It seems like every company has their own way of filling GC. I am sure u are not the first one who are filing GC through your company.
I hoep this helps.
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