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  • raamskl
    07-07 12:40 PM
    Done..

    Good luck to ur son.





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  • Better_Days
    11-03 07:13 PM
    Thats the concern. CIR pits illegals vs legals. The CIR bill allocates quotas from legals to illegals.

    Depends on how the CIR is crafted. To bring the republicans on board, it may have biz friendly provisions and hence may be beneficial for us all.

    Last time there was a point based system which was meant to replace the Employment based system; big biz hated that idea. They might introduce a point based system in addition to the employment based stream. It would be specially great if it has its own quota. Every US PhD and Master degree holder that gets into the point based system, frees us visa for others. We may be relief in form of permanent number capture: numbers wasted are automatically rolled over to next year.

    Bottom line is that we cannot be absolutely sure that any CIR will result in a net loss to EB green card aspirants. On the other hand, at my age, you come to realize that the devil you know, is indeed often better than the devil that you dont know.





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  • BharatPremi
    09-06 01:06 PM
    I personally love and am proficient in Hindi but I don't think we should make this site look like a Desi forum. Even if your post about India, a lot south/east indian people don't speak/understand hindi.

    Well, first you need to learn basic English first. You should have written "Can we write in English?" rather than "Can we speak English?" as on these boards we write, we do not speak. And for your information, if any posts (In Hindi) are valuable, people of other nationalities will learn Hindi to gain knowledge out of those posts. So please don't worry much about other people writing in Hindi. I understand that you may be a born slave but do not impose your slavery attidue on others.





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  • gctoget
    09-26 12:22 PM
    How long does it take to get EAD card by post after Finger printing is done?



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  • mantagon
    07-16 08:23 AM
    You can still work on EAD and maintain your H4 as long as you do not go out of the country. If you go out and enter on AP, then you switch back to AOS, no reporting to USCIS is necessary. But if you can still file I-539 and switch back to H4 again.

    But on H4 you can still work on EAD, while maintaining your H4 status.

    I would ask everyone , pls be careful while responding to someone's querry. And the person asking should also consult a lawyer. In this case, since I am in the same boat, and the advice came from the lawyer. I just got my spouse H4 extended for another 3 years, the after 6 years extension, while she is working on her EAD.

    That does not make sense! Peaople on H4 are not allowed to work, period! Thats how the Visa category is defined. Now, how will one on H4 to work? Enter EAD! So, while EAD allows him/her to work, it changes the Visa status (be it H1 or H4) to AOS. It does not matter if you travel outside or not.
    I do not know how you extended your spouse's H4 with the help of the attorney. It is an error on USCIS part, may be because you (or your spouse's employer) have not notified the USCIS about your spouse using the EAD for employment.





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  • masti_Gai
    12-20 09:29 AM
    u don't even know what a labor is and u gotten through ur 140 stage... sounds weird tho...:rolleyes:



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  • dfwhunt
    05-22 11:54 AM
    Yes, if they can file their 485 after June10..there will be certainely some more movement of PDs...





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  • krustycat
    03-11 09:12 AM
    Anyone Know How To Start New Thread?
    Use New Thread button
    http://immigrationvoice.org/forum/newthread.php?do=newthread&f=5
    But if you need to change employer you might open your new thread in this forum: AC21 Portability after 180 days of 485 filing.


    How does USCIS know about salary ?
    They have your previous W-2, taxes or paystubs from your previous applications and extensions (such as H1, Perm, I-140) and they'll ask for your W-2 or tax return if your application is non-concurrent and your I-140 was approved at least one year before. Otherwise they'll ask for your company's tax return or financial statements to check their ability to pay.

    485 non-concurrent check list:

    1. copy of all of the pages of the Passport (valid for 6 months or longer);
    2. Copy of recent I-94, Arrival/Departure Record, front and back side;
    3. Copy of all Approval Notices (i.e., H-1, H-4, L-1, L-2 and etc�) from first entry to the U.S. ;
    4. Copy of I-20 (s), student visa, if applicable;
    5. Copy of Employment Authorization Document (i.e., from practical training while on F-1 status), if applicable;
    6. Birth Certificate or One affidavit and School Leaving Certification along with a Non-Availability Certificate or Two Affidavits of Birth along with a Non-Availability Certificate;
    7. Petitioner, U.S. Citizen�s Income Tax returns along with W-2�s for the period after I-140 was approved;
    8. Alien beneficiary�s Income Tax returns along with W-2�s for the period after I-140 was approved;
    9. Medical Examination including immunizations in a sealed envelope;
    10. Birth Certificate from each applicant (original language and translated if language is different than english), additional to item 6 for dependents, if applicable;
    11. Marriage Certificate (original language and translated if language is different than english), if applicable;
    12. Divorce Certificate (original language and translated if language is different than english), if applicable; and
    13. Photographs (4) from each applicant

    IRS also send the w2 information to USCIS? No.

    whats the criteria of judging the salary? Is it w-2 or pay stub ?
    Either way that fit best for you should be OK, but usually is W-2 or/and tax return. You can attach a note stating if you used personal leave or sick leave. I don't know if that's useful. I think that in some situations less documents you send, less questions they'll ask. Anyway, they'll issue a RFE if they want something more from you.
    The fact is that they don't judge your salary, they just judge your company's ability to pay you in a future employment. They have to prove that ability before approve your GC. If you are currently getting paid as much as the proposed salary, you should be fine.



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  • stirfries
    01-29 10:10 AM
    My AP is approved on 27th, but I did not receive it so far. I already booked my tickets and have only one day left for my travel.

    Would it be safe to travel now? Are there any risks involved in doing so?

    Please advice.

    Thank you

    Hey nrakkati !!!

    congrats on your AP approval. I was in the same boat as you are now, a while back...Your situation is very dicey...You can travel now provided someone can mail you the approved AP when they receive the AP at the specified address...The only risk is, if it gets lost in the MAIL, YOU ARE SCREWED !!! USCIS, as a matter of policy, will not reissue a lost AP and would require you to start the AP process from the scratch...

    Ofcourse there are alternatives when you get SCREWED that way...:)

    If you already made the trip assuming that you would get the AP on hand and if the AP is lost in mail, You can go to the US Embassy in the country that you are visiting,( not US Consulate) and show them the proof of the AP approval and request temporary pass to return back to US...More details on this can be found on researching this forum...

    Thanks,





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  • fromnaija
    11-17 11:51 AM
    Hmmm...

    In my view I would say that it has more chances to go through between Jan 2007 and August 2007. After that, it is poticial campaign all over again.

    That is just my humble opinion.

    Regards,

    Tito

    You are right! I also do not think anything will get passed until 2007. SKILL or CIR will only get passed in the January to August 2007 timeframe. By 2008, focus will be on the Presidential election.



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  • thirumalkn
    07-26 05:11 PM
    Thanks for the info vxg. Thanks for sharing.
    So, did you notify USCIS at any stage about your promotion ?

    My duties increased, in past i was doing more tech work now i mostly manage people who do the same tech work but as i said it's all subjected to the lawyer and employer.





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  • nousername
    11-23 05:06 PM
    I have used remit2india and they do not give good rate.. They will offer you free calling card, etc.. but their rate sucks. I have used Citi also and they are same.. I actually found my bank to give best rate via wire transfer.

    Wellsfargo has some understanding with ICICI and they only charge $5 per wire transfer if you are sending the money to an ICICI account in India. Otherwise they charge $20-$25 but give best rate..

    Have anyone tried xoom.com or remit2india ?



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  • bkn96
    02-18 11:06 AM
    Did you work during this period?


    Yes, I worked during that time using EAD as I dont have H1b. My Lawyer said I can work as EAD was not revoked. I work for myself (self employment) through my own company.

    Again I didn't get refund of MTR money... that is good news if we get our $585 fee back..





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  • nfinity
    06-18 10:46 PM
    My lawyer asked me to put the control #!! Who is right?



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  • shankar_thanu
    07-27 09:10 AM
    Very helpful man, thanks.

    and yes, it would be helpful to have this somewhere in a prominent spot on IV..





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  • prioritydate
    03-27 09:58 PM
    It will not be a problem at all. I know a person who was without a job for 9 months during that time period and still got his green card, so I would assume that you are safe. You should be worried about this at all. This is just my opinion. The final outcome depends upon the person who is approving the case.



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  • ingegarcia
    04-17 09:08 AM
    Hi All,

    I am an aspiring US immigrant, and currently work with a desi-like employer who has not been paying me for last 3 months. I have resigned and started working at a new employer, using portability options. I will also contact DOL and report this to get my money back, however, DOL may not be able to recover it if the employer files for bankruptcy. I donot care much about money now, as its not too much and my new job increment covers it.

    Here are my questions

    1) Is there a way i can report this misdoing to USCIS directly. Is there any phone number/contact info to report frauds on I-140s and I-485s as he is holding some employees hostage (not allowing them to move out because of this situation where your money is stuck and so is your immigration).

    2) What else should i do to make this injustice visible? I will work with DOl and get my money back.

    3) I am thinking of reporting this directly to the I-140 processing centers. Is this is a good idea?


    PK

    My guess would be to report it with Labor Department instead...





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  • Kalidindi
    07-26 04:30 PM
    The PD was current in August 2005 for EB2.





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  • FinalGC
    10-16 01:52 PM
    Kambi:

    Based on current stats,

    LC - It will take about 4 months from the date you initiate your case with your lawyer
    140- Eb2 or eb 3 will take from 4 weeks to 4 months
    485 - If u are from India or China and based on current situation for Eb2 it could take upto 4 years and 6-7 years for EB3. If you are from Rest of the world it would be 1-2 years.

    However, if the SKIL bill passes, things could change and you could get the whole GC within 2 years or so.........Keep hopeful...that is what I am doing after 8 years on H1........with a MBA from a US University!!





    bluekayal
    06-22 05:41 AM
    I know of cases where AOS person got laid off and tool unemployment. Remember, GC is for the future. So a letter from a future employer...or being employed as GC is being approved will help. My 2 cents...but check.

    if your EAD is based on YOUR I-140, then I dont think you have a valid status. During AOS, you need to have a job in the same category the EAD is valid for, unless you are the dependent.

    In AOS, you cannot apply for unemployment benefit as it will trigger an USCIS audit.
    By US law, if you are unemployed and are PRESENT in the US, you are entitled to umemployment benefit as you paid into the system.
    By law again, if you are in non-immigrant status (AOS is considered non-immigrant until you get the green card), and you lose your job, you have to leave the country or you will start accuring illegal stay.

    Check with your lawyer before you do anything.





    belmontboy
    11-17 02:19 AM
    [source: http://www.jackson-hertogs.com/misc/permdesc.htm]

    The PERM form includes an attestation that asks whether the employer has laid off any employees in the occupation, or in a related occupation, within the past six months. If the employer has laid off workers in the occupation within the past six months, the employer must attest whether it contacted and considered these workers for the job on the AEC application [this step is called "Notice and Consider"]. For some employers, a layoff may mean that a PERM application cannot be filed until six months after the date of the layoff.