gk_2000
08-10 03:14 PM
If this bill becomes a law, all retrogression will end. All provisions favorable to us, are there in the bill.
1. Increase of Immigrant visa to 290,000.
2. Master's degree from US in STEM field not counted in any quota.
3. Master's degree from a foreign country and three years of US experience not counted in any quota.
4. Family counted as one.
5. Recapture of visas from previous years
I hope I am DEAD WRONG. But this seems too good to be true!
1. Increase of Immigrant visa to 290,000.
2. Master's degree from US in STEM field not counted in any quota.
3. Master's degree from a foreign country and three years of US experience not counted in any quota.
4. Family counted as one.
5. Recapture of visas from previous years
I hope I am DEAD WRONG. But this seems too good to be true!
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a_yaja
10-05 11:07 PM
yep .. that was my thinking.
Have seen a lot of posts where people insist that on EAD the job that you do needs to match the one you did on h1 .. at least 50%.
So am looking for documentation on what the exact rules are related to an EAD.
Any weblinks on this?
I think there is some confusion in the way you have asked your question. Your question is really about AC21 and not EAD. AC21, among many things, allows one to change employers 180 days after the filing of the I-485 as long as the new job is same or similar to the job description in your Labor Certification. If this is what you are asking - then this has nothing to do with EAD. You can invoke AC21 even on H1B.
EAD stands for Employment Authorization Document. It is a means by which a person can work legally in the U.S. Students who have completed requirement for a degree are eligible for EAD, anyone who has applied for I-485 is eligible for EAD, anyone who has applied for refugee status is eligible for EAD. Anyone who has an EAD is not restricted to a job category or classification which is unlike the H1B which is specific to a job, its classification, its location, employer, wage requirements, etc. If your I-485 is employment based and you have an EAD, you can quit your job and work in McDonalds as a cashier. The EAD will not prevent you from doing this. However, your I-485 application is no longer approvabe and it will be denied (this does not mean that you should quit your job and take up a waiter's job to see if the above statement is true - if you do - you are doing so at your own risk). And once your I-485 is denied, then your EAD is automatically invalid.
What you really need to look up is the American Competitiveness In the Twenty-first Century Act (in short - AC21). This is the one that governs if your I-485 is approvable (a.k.a "getting a Green Card") or not after you change your job. Again, this applies to only if you are the primary applicant for an Employment Based I-485. If your I-485 application is based on marriage to a US citizen or is based on Family Ties to a US citizen or is based on application for Refugee Status (or any other category like finishing 4 year degree or higher in a US university), then the job you take up will not affect your I-485 application. Even dependents like spouse and children of an employment based I-485 applicatant can take up any job with an EAD and it will not affect the I-485 process.
Have seen a lot of posts where people insist that on EAD the job that you do needs to match the one you did on h1 .. at least 50%.
So am looking for documentation on what the exact rules are related to an EAD.
Any weblinks on this?
I think there is some confusion in the way you have asked your question. Your question is really about AC21 and not EAD. AC21, among many things, allows one to change employers 180 days after the filing of the I-485 as long as the new job is same or similar to the job description in your Labor Certification. If this is what you are asking - then this has nothing to do with EAD. You can invoke AC21 even on H1B.
EAD stands for Employment Authorization Document. It is a means by which a person can work legally in the U.S. Students who have completed requirement for a degree are eligible for EAD, anyone who has applied for I-485 is eligible for EAD, anyone who has applied for refugee status is eligible for EAD. Anyone who has an EAD is not restricted to a job category or classification which is unlike the H1B which is specific to a job, its classification, its location, employer, wage requirements, etc. If your I-485 is employment based and you have an EAD, you can quit your job and work in McDonalds as a cashier. The EAD will not prevent you from doing this. However, your I-485 application is no longer approvabe and it will be denied (this does not mean that you should quit your job and take up a waiter's job to see if the above statement is true - if you do - you are doing so at your own risk). And once your I-485 is denied, then your EAD is automatically invalid.
What you really need to look up is the American Competitiveness In the Twenty-first Century Act (in short - AC21). This is the one that governs if your I-485 is approvable (a.k.a "getting a Green Card") or not after you change your job. Again, this applies to only if you are the primary applicant for an Employment Based I-485. If your I-485 application is based on marriage to a US citizen or is based on Family Ties to a US citizen or is based on application for Refugee Status (or any other category like finishing 4 year degree or higher in a US university), then the job you take up will not affect your I-485 application. Even dependents like spouse and children of an employment based I-485 applicatant can take up any job with an EAD and it will not affect the I-485 process.
gc_chahiye
07-26 11:17 AM
I would file for 485, but maintain my H1, and bring her here on H4. A PD of EB3-March-2005 is not going to get current anytime soon, I would not miss out on the option to use AC21 to switch jobs...
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glus
05-31 09:02 AM
Just contributed $100 through paypal. ID: 78D447032J342041H
Please, do the same. It is critical to get IV going further.
Please, do the same. It is critical to get IV going further.
more...
srinivas_o
01-08 10:53 AM
Thank you for the quick response.
You said there are 3 copies of AP. But my lawyer sent me only 2 copies. Is that a problem???
I recently entered US on AP. At the POE, I gave ONLY my passport and AP(it was 3 copies stapled together). Thats all.
The IO gave me one copy and said "you can keep one for your reference" and took the other 2. Then escorted to another room, where more people were waiting, and I had to wait for about 10 minutes and an officer called my last name and handed me over, my passport along with one copy of AP with some stamp on it.
I am still on H1, also got my EAD. I-485 is pending. The other documents that I carried was, a letter from my company stating that I work for them, and all my H1 copies...but I never showed any of those documents.
edit: While I was standing in line to be called by the IO, the person(indian) in front of me who was being served by the IO, gave many documents, eventhough the IO was saying "I don't need them". This guy was pro-actively telling her that he is working for so-and-so company, took some papers and was giving it to her, and she said politely that its not required...he was also entering on AP cause I saw that guy in the room.
So, Please don't over do. just give only the document that is asked for.
You said there are 3 copies of AP. But my lawyer sent me only 2 copies. Is that a problem???
I recently entered US on AP. At the POE, I gave ONLY my passport and AP(it was 3 copies stapled together). Thats all.
The IO gave me one copy and said "you can keep one for your reference" and took the other 2. Then escorted to another room, where more people were waiting, and I had to wait for about 10 minutes and an officer called my last name and handed me over, my passport along with one copy of AP with some stamp on it.
I am still on H1, also got my EAD. I-485 is pending. The other documents that I carried was, a letter from my company stating that I work for them, and all my H1 copies...but I never showed any of those documents.
edit: While I was standing in line to be called by the IO, the person(indian) in front of me who was being served by the IO, gave many documents, eventhough the IO was saying "I don't need them". This guy was pro-actively telling her that he is working for so-and-so company, took some papers and was giving it to her, and she said politely that its not required...he was also entering on AP cause I saw that guy in the room.
So, Please don't over do. just give only the document that is asked for.
gene-O
10-20 05:27 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,
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,
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kaisersose
07-26 03:16 PM
My company filed my green card and have applied for 485 for me and my wife on July 19 with July visa bulletin reinstated. We have also applied for AP and EAD for my wife. We both are on H1 at this time. My wife' job is going to end by month end.
Does she need to file change of status to H4 or it is fine to stay in US with AOS pending status.
My 140 is still pending
As far as I know, if a 485 is pending, a person can continue to be in the US without a visa. So she would not require a H-4.
All the same, I would still get a H-4 as this will be advantageous as,
1. Your receipt has not yet arrived. What if the Application is rejected for initial evidence problem?
2. AP takes a long time to come and she has to make an urgent trip back home?
3. 485 gets denied by mistake. She has to have a valid status to fall back on, so you can file motion to reopen, etc.
The chances of any of the above happening are low, but it is better to anticipate trouble and be as prepared as we can.
Does she need to file change of status to H4 or it is fine to stay in US with AOS pending status.
My 140 is still pending
As far as I know, if a 485 is pending, a person can continue to be in the US without a visa. So she would not require a H-4.
All the same, I would still get a H-4 as this will be advantageous as,
1. Your receipt has not yet arrived. What if the Application is rejected for initial evidence problem?
2. AP takes a long time to come and she has to make an urgent trip back home?
3. 485 gets denied by mistake. She has to have a valid status to fall back on, so you can file motion to reopen, etc.
The chances of any of the above happening are low, but it is better to anticipate trouble and be as prepared as we can.
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chanduv23
11-15 11:18 AM
What a shame and Ignorant people we are trying to motivate...
We are getting requests for getting into the State Chapter but when we ask people to take the survey they are not taking it.
If people cannot take a simple survey, how can they help themselves.
The Join State chapters campaign is going on for months now and it is pathetic that people are still sitting and cribbing and doing nothing but crying on IV forums.
It is really a shame on so called Highly skilled immigrants. Rather it must be highly skilled unmotivated lazy cowards.
We are getting requests for getting into the State Chapter but when we ask people to take the survey they are not taking it.
If people cannot take a simple survey, how can they help themselves.
The Join State chapters campaign is going on for months now and it is pathetic that people are still sitting and cribbing and doing nothing but crying on IV forums.
It is really a shame on so called Highly skilled immigrants. Rather it must be highly skilled unmotivated lazy cowards.
more...
tempgc
09-24 01:27 PM
The green side of the story is, USCIS will try to attract new applications. For this DOS need to move the dates further.
OR
Introduce a new process of filing 485 for administrative processing (which is in talks) even before your PD is current as per visa bulletin as soon as 140 approval.
I see this good for people waiting to file for 485.
OR
Introduce a new process of filing 485 for administrative processing (which is in talks) even before your PD is current as per visa bulletin as soon as 140 approval.
I see this good for people waiting to file for 485.
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fandu
10-24 01:41 PM
My friend's I-485 application was sent to NSC on 26th July. No RN as yet...
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saileshdude
09-07 10:49 AM
Yes� It�s me Sreedhar. According to the conversation with my cousin, what ever I posted here is true. I am not sure what IO said is going to be happen or not. My cousin and myself working in the same office. I will keep update what ever happen to his case.
-Sree
Thanks for sharing this. I find it hard to believe what IO said (not you) . I think IO must have meant it will be current for PD 2003/2004 people. And using unused numbers from past is more of legislative thing that I am not sure if USCIS has the power to do it.
-Sree
Thanks for sharing this. I find it hard to believe what IO said (not you) . I think IO must have meant it will be current for PD 2003/2004 people. And using unused numbers from past is more of legislative thing that I am not sure if USCIS has the power to do it.
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gman
03-19 10:04 PM
That's just like any other transactions. There is no sales tax for real este transactions. There maybe long or short term gains depending on how the house was acquired. Once you are filing as a permanent resident for tax reasons, EAD, AP, H1 etc, do not matter. Bottom line you pay taxes on income (whether short term or long term gain and other rule) and it has no bearing on the details of your legal status.
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neelu
02-09 11:27 PM
Hi
My status has changed recently from H4 to H1. I haven't got my H1 visa stamped in passport. I need to travel to India due to family emergency.
1. Can I get an emergency appointment?
2. Would I have any problem related to transit visa if travelling via Amsterdam or Frankfurt?
3. How long does it take to recieve the passport after stamping?
Any help would be greatly appreciated.
Thanks,
TEKNMEK
1. You should be able to get an emergency appointment. Check out the following links:
http://chennai.usconsulate.gov/appointments2.html
https://www.vfs-usa.co.in/Home.aspx
2. My mother recently flew via Frankfurt. She did not require a transit VISA.
3. If you get VISA stamped in India, it usually is given to you the same evening (at least in Chennai).
Hope this helps. Wish you good Luck!
My status has changed recently from H4 to H1. I haven't got my H1 visa stamped in passport. I need to travel to India due to family emergency.
1. Can I get an emergency appointment?
2. Would I have any problem related to transit visa if travelling via Amsterdam or Frankfurt?
3. How long does it take to recieve the passport after stamping?
Any help would be greatly appreciated.
Thanks,
TEKNMEK
1. You should be able to get an emergency appointment. Check out the following links:
http://chennai.usconsulate.gov/appointments2.html
https://www.vfs-usa.co.in/Home.aspx
2. My mother recently flew via Frankfurt. She did not require a transit VISA.
3. If you get VISA stamped in India, it usually is given to you the same evening (at least in Chennai).
Hope this helps. Wish you good Luck!
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Pineapple
07-24 10:36 AM
Bumping thread up.. here is an excellent YouTube video, already created by an IV member..
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gcloner
03-28 02:39 PM
until today my I485 was 60 days outside the processing times.
Now it is not.
I had previously inquired (service request) what's up, I was told by phone they cannot even process SR because they are more than 60 days behind published dates.
Things that caused Nebraska to move back:
Transfers from Texas Service Center
180 day name check rule
Some categories moving forward in VB, and they had not been doing pre-adjudication.
They are trying to make processing dates reflect reality (and reduce service requests)
The only logical thing was to move the processing date back, if only to reduce the service requests coming in.
I don't know if they still have to process my SR, it was raised when 60 days behind, but now it is only about 34 days behind.
This is some sign of some LIMITED attempt to process as FIFO for receipt date.
hi there! but what if mine's rcpt date is july 21? the last processing time was July 30, 2007??? my friend who has a rcpt date of July 19 got her gc already. Do you think they already finished processing the cases from July 20-July 30?? cause its been a month and they should finish it before they moved back because it's just 10 freakin days! right? last january 2008 they processed from april 2007-June 19 (my friend had hers already).. im so upset
Now it is not.
I had previously inquired (service request) what's up, I was told by phone they cannot even process SR because they are more than 60 days behind published dates.
Things that caused Nebraska to move back:
Transfers from Texas Service Center
180 day name check rule
Some categories moving forward in VB, and they had not been doing pre-adjudication.
They are trying to make processing dates reflect reality (and reduce service requests)
The only logical thing was to move the processing date back, if only to reduce the service requests coming in.
I don't know if they still have to process my SR, it was raised when 60 days behind, but now it is only about 34 days behind.
This is some sign of some LIMITED attempt to process as FIFO for receipt date.
hi there! but what if mine's rcpt date is july 21? the last processing time was July 30, 2007??? my friend who has a rcpt date of July 19 got her gc already. Do you think they already finished processing the cases from July 20-July 30?? cause its been a month and they should finish it before they moved back because it's just 10 freakin days! right? last january 2008 they processed from april 2007-June 19 (my friend had hers already).. im so upset
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tnite
10-15 02:02 PM
Sorry Gurus, Couldn't figure out how to start a new thread. So posting here,
My spouse is on H4, Now she wants to use EAD and work.She wants to work part time, She has found a job as well, but the employer is sayng she can do parttime only for few months, after that she has to do full time or find a job somewhere else. Now if she cannot find another parttime job after few months, and has to stop working , will it affect her status?
Thankx in advance.
Once she goes from H4 to AOS(using EAD), it doesnt matter .she can work partime, FT or not work at all.
My spouse is on H4, Now she wants to use EAD and work.She wants to work part time, She has found a job as well, but the employer is sayng she can do parttime only for few months, after that she has to do full time or find a job somewhere else. Now if she cannot find another parttime job after few months, and has to stop working , will it affect her status?
Thankx in advance.
Once she goes from H4 to AOS(using EAD), it doesnt matter .she can work partime, FT or not work at all.
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srkamath
07-21 11:23 AM
FYI:
I don't know if this is old news but thought of sharing it anyway.
I was in the same boat as many others here i.e, no FP notice even 1yr after filing for 485. With my PD becoming current in Aug 2008, I called my attorney to see if he can do anything to help me out. He told me that due to several complaints from people like us and a law suit threat (or an actual lawsuit, not sure) from AILA, the Texas center has sent has set up an exclusive fax line for such requests. This system came into existence only about 2-3 weeks ago.
He sent a fax on my behalf to that number last Tuesday 7/15/08. My wife and I both received FP notices on Sat 7/19/08! So looks like for a change, something that�s set up for our own good is actually working. Frankly, I hadn�t pinned any hopes on the fax having a positive impact but I was pleasantly surprised. Our appointments are for next week.
Hope this little tip will help others in the same boat if their attorneys are either not aware and/or haven�t told their clients about it.
The fax number is not made available to the general public. Only attorneys have access to it.
BTW: As a result of all this, I haven't seen any LUD changes (soft or hard) on my case status online....I thought that was strange.
What is the fax number?
I don't know if this is old news but thought of sharing it anyway.
I was in the same boat as many others here i.e, no FP notice even 1yr after filing for 485. With my PD becoming current in Aug 2008, I called my attorney to see if he can do anything to help me out. He told me that due to several complaints from people like us and a law suit threat (or an actual lawsuit, not sure) from AILA, the Texas center has sent has set up an exclusive fax line for such requests. This system came into existence only about 2-3 weeks ago.
He sent a fax on my behalf to that number last Tuesday 7/15/08. My wife and I both received FP notices on Sat 7/19/08! So looks like for a change, something that�s set up for our own good is actually working. Frankly, I hadn�t pinned any hopes on the fax having a positive impact but I was pleasantly surprised. Our appointments are for next week.
Hope this little tip will help others in the same boat if their attorneys are either not aware and/or haven�t told their clients about it.
The fax number is not made available to the general public. Only attorneys have access to it.
BTW: As a result of all this, I haven't seen any LUD changes (soft or hard) on my case status online....I thought that was strange.
What is the fax number?
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msekhargc
02-13 05:08 PM
Want multi-year EAD !
Want to get out of retrogression !!
Want to get GC faster !!!
Then click here on IV
Want to get out of retrogression !!
Want to get GC faster !!!
Then click here on IV
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illusions
08-31 12:06 PM
Prashant --- lol now that's scientific :D
prince_waiting: I couldn't agree with you more. Rather than fixing the problem this poll covers up the harsh truth that most American's are not upto the jobs that it's own society demands. Most people think that H1B candidates are brought in as cheap labor. Which is not the case, we all know that we get paid the same as any American in the same field, if not higher.
Mr. Dobbs has shot himself in the foot, yet once again.
prince_waiting: I couldn't agree with you more. Rather than fixing the problem this poll covers up the harsh truth that most American's are not upto the jobs that it's own society demands. Most people think that H1B candidates are brought in as cheap labor. Which is not the case, we all know that we get paid the same as any American in the same field, if not higher.
Mr. Dobbs has shot himself in the foot, yet once again.
cox
June 18th, 2005, 07:51 PM
Boy, you really get up early! I'm still in bed when the sun's rising :p ... The rainbow pic, well, it's like a woman Cox.... it has curves that need to be nudged, and it becomes a different creature! (Did I actually say that!?) ... benefit from just a smidgen of post processing, but the second one becomes a very dramatic photo. Great lighting.
Dawn is the best light in my opinion, especially here in central California, where the marine layer often ruins the sunset. Also, I don't sleep much... I am apalled by your metaphor (yet also strangely excited)! :D I have CS2 installed, so I can start nudging curves, and will start with the rainbow.
(and having a good friend!)
Bob, all I can say is, Aw Shucks... Come visit and I'll let you use the lens :)
Dawn is the best light in my opinion, especially here in central California, where the marine layer often ruins the sunset. Also, I don't sleep much... I am apalled by your metaphor (yet also strangely excited)! :D I have CS2 installed, so I can start nudging curves, and will start with the rainbow.
(and having a good friend!)
Bob, all I can say is, Aw Shucks... Come visit and I'll let you use the lens :)
sargon
07-12 03:48 PM
May be you should not keep two spouses. Sounds kinda risky.
Just kidding. The title of the thread goaded me into making a wisecrack.
Just kidding. The title of the thread goaded me into making a wisecrack.
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