Monday, June 20, 2011

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  • japs19
    01-22 11:18 AM
    Red my other posts where I wrote my experience as I was asked the same question. But here's the answers to your questions in nut shell.

    If you have a valid H-1 visa then just stick to it and don't us AP unless you have to.
    If CBP officer don't ask, you don't tell, but if s/he does, be HONEST and tell them that you don't. It will really stir the pot but politely tell them that GC on Employment Base is for future employment and that has been my understanding and in good faith my intentions are to go and work for that employer.
    They can really harass you for hours like they did me for 6 hrs and then was told to go downtown office. BTW just on a positive note, my AP has been stamped and I am good to go.
    There is no law that defines that you have to be working for the original petitioner while your application is being processed but just ethically it's a much better situation if you are employed by the same employer. CBP offficer's argument was that "what's the guarantee that you will go and work for that employer after approval of your GC? or what is the guarantee that they will have that position open for all these years as it may take a very long time?" I told them with a chuckle on my face that if it hadn't taken USCIS 3-4 years to process that application, that wouldn't be the question but they are still processing my file...I mean how many people you gave an offer letter who you want to start after 4 years as a CBP officer?" He gave me a rude smile and walked away to secondary check section.
    Anyways....long story short, be honest, have patience and don't show desperation to enter the country.
    Good luck...
    Looks like Immigration Officers at Port of Entry are asking the AP entry individuals if they are still working from the GC sponsoring company.

    I am planning to travel on AP and is not working anymore for the GC sponsoring company.

    1. What would be the reaction of the Immigration Officer if he finds out that I am NOT working from the sponsoring company?

    2. What documents should I carry to ensure the I will be allowed to re-enter to US on AP with my current non-GC sponsoring company offer letter, pay-stubs etc?

    PLease advise




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  • TeddyKoochu
    01-06 09:11 AM
    Please advise if 5.5+ years of experience and an Advanced degree in Electronics would qualify me for porting me from EB2 to EB1. I have been waiting to file for my I-140 over an year now but things aren't looking anywhere near to it.

    So just wanted to understand if this was even legally possible.

    Even I have a very similar question. I have bachelors in engineering from a prominent college in India with almost 10 Years of work experience in IT. My EB2 I140 is approved but I have not been able to apply for I485 as I missed the July 07 window. Please advise if there is a possibility that I can apply for EB1-A. I understand that EB1-B requires a PhD. and EB1-C requires the current / future job to have a global /mnc managerial profile so Iam not eligible for that, I do have managerial experienece from my previous job / positions in India. Please advice if EB1-A also mandates a research profile or can professionals not having a research background also apply. I believe that EB1-A is a self application not a company application. Really appreciate some valued advice.




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  • cox
    November 2nd, 2005, 12:31 AM
    Hey, if you have a paying customer that is happy and a freeloading web-browsing "advisor" that isn't...

    Yeah, but I respect the opinions of the web-browsing advisor more... :)

    Need some urgent help [Archive] - Immigration Voice

    View Full Version : Need some urgent help





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  • gcformeornot
    08-14 02:32 PM
    Just now my lawyer called to tell that she got all my receipts , filed on july 2nd but my wifes application was rejected for "insufficient filing fees", I had put in a single check for $745 , how can this be, it was both in the same fedex packet, she says it is some "mailroom error", so she sent back the application with a letter and my receipt copy to accept. My app also had a $745 check and that was receipted,
    Has this happned to anyone, please respond , i am wondering if what my lawyer did was correct, pls share your experiences.

    to send separate checks so they can generate LIN/SRC numbers against each application.:(



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  • brb2
    08-10 11:28 AM
    I have copied the information from the link below. It clearly states DOS checks background overseas and DHS ensures the person entering is the same person who was issued the Visa. So, my point is that DHS is only responsible for conducting background checks for EB/N400 applicants only. Anyway we will know later today. Hopefully something good news after the chaos in the stock market:)



    "In many cases, US-VISIT begins overseas, at the U.S. consular offices issuing visas, where visitors� biometrics (digital fingerscans and photographs) are collected and checked against a database of known criminals and suspected terrorists. When the visitor arrives at the port of entry, we use the same biometrics � digital fingerscans � to verify the person at our port is the same person who received the visa."



    Isnt this already in place in the form of US Visit (http://www.dhs.gov/xtrvlsec/programs/editorial_0525.shtm)




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  • Berkeleybee
    04-06 03:41 PM
    Before you get carried away please note that even in the Specter Bill people filing for status under Title VI have to

    (a) Wait for the PDs that are pending when the Act passes to become current.

    (b) If the current PDs do not become current in 6 years -- their applications will be "held in abeyance" till the PDs PDs that are pending when the Act passes to become current.

    I take the "held in abeyance" to mean that they might get I-485 filing privileges at that point but those applications will not be adjudicated.

    So you will not really get your green card after 6 years -- you'll be pending till all current PDs become current. Given that family PDs are still back in 1983 per the April 2006 bulletin, they won't be getting their green cards any time soon.

    The parity issue is really that Title VI recognizes that

    (1) worldwide and per-country quotas make no sense -- and yet, the immigrants who go through the arduous labor cert process that protects the American worker are subject to per-country quotas.

    (2) Workers should be mobile and be able to self-petition -- yet skilled workers going through the labor cert process are tied to employer AND job description for years.

    best,
    Berkeleybee



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  • immi_seeker
    07-16 07:46 PM
    ^^




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  • JunRN
    09-17 10:10 AM
    Once this bill passed the Committee, there are more work to do. We need to call again so that it will be put to vote at the Full House level and then, at the Senate.

    I sent "Thank you!!!" flowers to Sen. Menendez for sponsoring the same bill in the Senate.

    Let's call again today. Time is precious.



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  • tonyHK12
    12-02 10:29 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.

    We can use all the help we can get. Could you send details of this to our moderators StarSun and Pappu.
    I will also indicate this to our admins at Donor forum to check how they can best use your employer's help and get back.




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  • Pineapple
    10-10 09:44 PM
    Yes, I did. That is how I came to know that I had to send the card back, with a fresh I765 (but no fees), and a letter explaining the error (as it it wasn't obvious).. my worry was (still is) that my application would join the pile of applications, and would sit there in the bottom.. another potential wait of six months..
    So, I did all I could. I called up USCIS a couple of times, took an Info Pass appointment, and talked to an official at ASC when I went for my finger printing appointment.. They were all sorry about it, but could not do much to help. Returning and re-applying are the only options. However, I was told (not sure how much to believe), that since it is obviously their error, it would not take long to fix and they'll send me a corrected card earlier than it would have taken if it were a regular fresh application.

    Anyway, my lawyer did her own checking and calling - we gave her the EAD and two fresh photos, and a copy of proof of identity (drivers license)
    , and she promised to take care of it.
    Will post if it works out well.. :)



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  • immigration1111
    06-11 10:35 PM
    Hi,

    One of my friends got fired from a company and the company made him to sign a document that he was resigning. This guy somehow signed it so that he could get his salary. The employer eventually paid him the salary after signing the resignation document.

    Few questions about his H1B visa.

    1. How many days can he legally stay in the US before he finds one more job gets new H1B.

    2. Can he transfer his H1B visa to a new company or does he need to apply for a new H1B visa (which is within the cap)?

    3. Incase if he doesn't find a job within the legally permitted time, what are his options apart from going back?

    4. Will he have any problem when he tries to transfer his H1B after the legally permitted time?


    I would really appreciate if anyone can please help me with this questions.

    Thank you very much!




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  • brij523
    02-17 08:16 AM
    Good job Varsha.

    As promised I have prepared the list of 110th congress member and send to Himanshu. Hope he likes the format.

    I am working on getting appointment with our congress member - John Barrow of GA.

    Based on the list I prepared, it seems maximum number of congress member come from NY,NJ,FL,CA,TX,IL. So I think member from these states have to be more active.



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  • coolduggar
    05-07 02:33 PM
    What will happen to those who have already used AC21 if you suspect this rule is going to change and not favourable to us ?




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  • gesfox
    03-27 01:06 AM
    BIG K, please add my 2nd try. tnx!



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  • akred
    06-08 12:10 AM
    But the letter doesn't seem to address the direct behaviour of the companies in question. Seems like a bunch of broader level issues were tackled - while true, it doesn't address H1B abuse in any way. Wasn't that the point?

    I'm sure that is not addressed in this letter because from their POV there is no abuse.

    The Senators are convieniently overlooking the fact that they need to get deadbeat departments like the DOL and USCIS to shape up. And where is their concern for the American worker when they make these departments process massive loads of illegals without providing additional funding?




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  • gcisadawg
    04-05 08:50 PM
    I found this in another website:

    http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=685c8d8b3b760210VgnVCM1000004718190aRCR D&vgnextchannel=4f719c7755cb9010VgnVCM10000045f3d6a1 RCRD

    "Since the beginning of this fiscal year (October 2008), USCIS has adjudicated over 75,000 employer petitions, reducing the pending caseload of petitions to under 55,000.USCIS� goal is to have adjudicated all the older employer petitions, and to be processing newer petitions within 4 months, by the end of September 2009"

    This is talking about I-140 and not I-485.....

    My I-140 filed with TSC is still pending since August 2007. I hope I get a decision ( hopefully positive) by Sep 2009!



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  • saileshdude
    05-21 11:13 PM
    Saileshdude,

    Can you eloborate more on this? My understanding is that once you use EAD, H1 is gone for good. And particularly How one can revert back to H1 if EAD is used to join different employer?

    This I think comes from AC21 regulations as well as one of the AC21 memos that were released. It mentions that a person can get H1 beyond 6 years even though they are not maitaining the H status as long as they can prove that their GC is pending . This may include pending I-485. I think the memo says that person need not maintain H status to get extension beyond 6 years without being counted against quota.

    I think the H1 can be filed but since you are on EAD, you will not get I-94. This means that you will need to go out and get the H1 stamped and re-enter to get back on H status.

    Again, various attorneys differ on this too. So consult few good attorneys for this would be good idea.




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  • carbon
    09-19 12:46 PM
    Looks like the article is coming straight out of NumberUSA's mouth!




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  • GCard_Dream
    07-13 04:49 PM
    Don't be greedy now. You are the only member I know aside from two admins who has 2 green dots. You should be proud of that. You are doing great.

    Now go enjoy your friday evening and weekend or I'll give you a -ve vote :D
    Have a great weekend.

    That means there are some positive and some negative votes for you.

    It looks I now have two green squares. With three squares I will get my GC within the next two years. So if only I can get a few more votes :D

    P.S - I can't believe I am spending my Friday evening that too in Summer in front of my computer.




    MahaBharatGC
    10-14 01:39 PM
    agree.. 90 days is too much.. esp when just dates need to be extended.. In the first place.. it should be non-expiring .. something like valid with I-485 Receipt... and then when accepting EAD employer can check the I-485 status that its still pending... and any change will send email to the employer about 485 current status...

    But then my dear.. where's the money...

    Gov: Show me the money?
    USCIS: let sdo 1 year EAD/AP renewal... and we can sit for 90 days on it for generating this much money... and find cheapest ways of printing the card and mailing... If errors happen we might get more money :-)
    Gov: why are you not moving dates and making more money?
    USCIS: Okay we'll issue 2year EAD and accept more new apps...
    and so on...

    Well said and may be we should add to Show me the money...
    USCIS: We should implement a application storage fee for each pending I-485 which should be paid every year to determine if the person is still in work?
    Very very ridiculous!!!




    Leo07
    02-01 03:03 PM
    Good luck!



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