ghost
06-22 03:25 PM
Before this thread spirals into a controversial discussion, I'd like to clarify that some members may be desperate to see the results but they have to understand that it will take time. So be patient and please stop writing accusing posts, even if you mean it in a lighter vein. It will do no good to any of us.
Any one who understands how american politics work should realize that we are in a conundrum and the best way to get out of this is to recruit more members to represent us.
Now dont waste time posting useless messages like this one:p on this forum and divert your energy towards recruiting new members.
Mods, if possible, please delete the un-related messages from this post. Thanks!
Any one who understands how american politics work should realize that we are in a conundrum and the best way to get out of this is to recruit more members to represent us.
Now dont waste time posting useless messages like this one:p on this forum and divert your energy towards recruiting new members.
Mods, if possible, please delete the un-related messages from this post. Thanks!
ssdtm
03-22 01:02 AM
My EB-3 priority date is 10/17/2004 Non-PERM. My I-140 was filed in May 2007 and is approved in Aug 2008. Meanwhile I also filed for I-485 for me and my spouse (thanks to DOS Visagate June 2007 event)
I am also on H1B 6th year. Looking at the delay in the EB3 I am contemplating if there is any risk in filing for EB-2.
---- No risk in filing in EB2
Since I came into US in 2003, I moved up in the company ranks few times and am in managerial position. Am I eligible for interfiling my GC case to EB2 without losing original priority date.
---- Yes you are. It is not only your qualifications that matter but Job MUST demand all those qualifications + exp to justify EB2. Many cos do not file in EB2 even if you are PHD because job does not need that.
Another way is file the EB2 485 in CP. I was told by a reputed lawyer that interfiling is not the only way to use earlier PD.
Is it mandatory that I should be eligible for EB2 criteria (like 5 years experience or Post Grad Degree) as on original Priority Date for interfiling to work.
---- There is lack of clarity on this. I have read lawyer opinions on both sides.
Any advice is appreciated. I will initiate it in our company. Also any potential risks and RFEs I should expect?
Thanks
----
I am also on H1B 6th year. Looking at the delay in the EB3 I am contemplating if there is any risk in filing for EB-2.
---- No risk in filing in EB2
Since I came into US in 2003, I moved up in the company ranks few times and am in managerial position. Am I eligible for interfiling my GC case to EB2 without losing original priority date.
---- Yes you are. It is not only your qualifications that matter but Job MUST demand all those qualifications + exp to justify EB2. Many cos do not file in EB2 even if you are PHD because job does not need that.
Another way is file the EB2 485 in CP. I was told by a reputed lawyer that interfiling is not the only way to use earlier PD.
Is it mandatory that I should be eligible for EB2 criteria (like 5 years experience or Post Grad Degree) as on original Priority Date for interfiling to work.
---- There is lack of clarity on this. I have read lawyer opinions on both sides.
Any advice is appreciated. I will initiate it in our company. Also any potential risks and RFEs I should expect?
Thanks
----
slowwin
07-09 11:48 AM
Funny that this lawyer is Ok with transferring H-1b, but does not want to accept an EAD. .
It's obvious. This lawyer wants to make money for applying H1-b (transfer ~ $5000 typically). If you use EAD he gets zilch.:D:D:D:D:D:D
It's obvious. This lawyer wants to make money for applying H1-b (transfer ~ $5000 typically). If you use EAD he gets zilch.:D:D:D:D:D:D
dsneyog
11-30 10:49 PM
Thank you. I have my package ready. I am thinking about including prepaid self addressed envelope so I can track the package. How do you do it? Just go to postoffice and get one from them? I always ship out packages using paypal and I was thinking about printing a shipping label for priority envelope. Not sure if I should do that.I have filed for and recieved AP twice so far. I have done both paper and e-filing and combinations. When I lawyer files, he e-files. When I do it - I paper file. I have done different combinations. First time, with 485 - lawyer filed both for me and wife. Next year, my company suddenly decided they dont want to pay the lawyer fee for the dependent AP/EAD - so I paper-filed for my wife while mine was e-filed. Next year - my company decided to pay for both and my lawyer did e-filed mine and paper-filed my wife's application (dont know why).
Based on my experience (which is pretty extensive on both modes of filing as explained above for both AP and EAD) - I will always perfer paper filing. It has always been faster, easier and less hassle for me.
It sounds counter-intuitive that paper-filing would be faster/easier than e-filing - but that is USCIS for you.
Based on my experience (which is pretty extensive on both modes of filing as explained above for both AP and EAD) - I will always perfer paper filing. It has always been faster, easier and less hassle for me.
It sounds counter-intuitive that paper-filing would be faster/easier than e-filing - but that is USCIS for you.
more...
kcindian
08-03 11:11 PM
I have a follow-up question. If I do not get my EAD before my current one expires, am i out of status? I have a LIN number for the renewal submission.
h1techSlave
03-17 01:03 PM
With out a GC, you may not get the best rate. But you sure can get a mortgage loan while in H1/EAD.
Hello all,
Me and my wife are planning to buy a home, we are in 485 stage and both are working and have EAD. Do you think there can be issues for getting a joint loan on EAD ? I still have my H1, but my wife never had an H1 before, so she is working on EAD. Do lenders consider EADs for mortgages ? Did you have any issues with this ?
Thank you.
Hello all,
Me and my wife are planning to buy a home, we are in 485 stage and both are working and have EAD. Do you think there can be issues for getting a joint loan on EAD ? I still have my H1, but my wife never had an H1 before, so she is working on EAD. Do lenders consider EADs for mortgages ? Did you have any issues with this ?
Thank you.
more...
jfredr
08-02 04:52 PM
what good news is every body talking.
jiraprapaasa
04-13 11:40 AM
My 4 yr old niece went in person for the visa along with an adult of course.
What document does my niece need to bring to the embassy?
So far she has I-20, SEVIS fee receipt, MRV receipt from post office, school letter, passport, photo 2x2, her address in US, her father statement and book account.
Will consulate officer interview her or her mother who will be going with her?
She is 12 going to be 13 in May does she need a letter from her parent permission to go study abroad.
Can she say that she has her aunt which is me in the US where she will be staying with (We have the same last name) or should she say that she live in a hosted family in the US where school provided.
Her GPA is 4.0 from her 6th grade. Her father statement is good. Is there any how that she will get deny for her student visa.
What document does my niece need to bring to the embassy?
So far she has I-20, SEVIS fee receipt, MRV receipt from post office, school letter, passport, photo 2x2, her address in US, her father statement and book account.
Will consulate officer interview her or her mother who will be going with her?
She is 12 going to be 13 in May does she need a letter from her parent permission to go study abroad.
Can she say that she has her aunt which is me in the US where she will be staying with (We have the same last name) or should she say that she live in a hosted family in the US where school provided.
Her GPA is 4.0 from her 6th grade. Her father statement is good. Is there any how that she will get deny for her student visa.
more...
Indiaxyz
03-26 11:22 AM
Hi, I want to go from h1 to h4 to h1 all within 1 year, plus I have a US Master's degree . Please let me know if this is possible without falling under the H1B cap.
I appreciate your help. Thanks.
I appreciate your help. Thanks.
another one
07-09 01:26 PM
8 Million elderly americans live alone....
p.s. sorry not a legal immigration issue
I know its hard to get it noticed, but in order to make a real impact, we must strive to put this news on the front page of major media, while its sill hot. Last week CNN had an article on the front page regarding the "plight of hindu widows". I was baffled to see an article like that get the headline space and not a small comment from CNN about the JULY VB fiasco.
p.s. sorry not a legal immigration issue
I know its hard to get it noticed, but in order to make a real impact, we must strive to put this news on the front page of major media, while its sill hot. Last week CNN had an article on the front page regarding the "plight of hindu widows". I was baffled to see an article like that get the headline space and not a small comment from CNN about the JULY VB fiasco.
more...
adhantari
08-12 07:33 AM
with your efforts. I hope you don't get banned...
bigboy007
11-05 04:15 PM
Forget about comprehensive bills. With the gridlock in Washington, and both parties trying to gain points for 2012, nothing meaningful will happen !!!!!
Forget about congress.. Immigrantion reform should start with us Immigrants if we dont go and meet atleast our lawmakers who will help us ?
Forget about congress.. Immigrantion reform should start with us Immigrants if we dont go and meet atleast our lawmakers who will help us ?
more...
kinvin
03-17 10:21 AM
Jay,
You did a great job of the drive and many thanks to you!.
"Help me Help you!"
You did a great job of the drive and many thanks to you!.
"Help me Help you!"
apahilaj
09-28 05:04 PM
graj012, thanks for your input. You phrased it nicely.
Actually, I was trying to avoid kanhaiya's comments....as we say in our country, barking does does not affect the walking elephant.
Being a professional, I think everyone realizes here how to talk and what to talk. So guys lets not try to ignite sparks against each other...we are all here in this forum for a common cause.
Good luck!
Actually, I was trying to avoid kanhaiya's comments....as we say in our country, barking does does not affect the walking elephant.
Being a professional, I think everyone realizes here how to talk and what to talk. So guys lets not try to ignite sparks against each other...we are all here in this forum for a common cause.
Good luck!
more...
uvatbc
11-07 07:44 AM
i have no particular affinity for either democrats or republicans (and since i cannot vote - dont care much either) - but not everything in this list is bad......
1. almost no other country has an unqualified birth-right on citizenship........so, if americans at some point want this changed - this is well within their rights.......however, constitution amendment process is so complex in this country ( i believe all states have to ratify or something like that) - it is near impossible.
2. balanced budget is not a bad idea - deficit financing ad infinitum does not make much sense
3. most of us dont like tax hikes - so if GOP folks agree with that view - whats wrong with that?
4. Estate Tax is just the Govt's way of destroying individual wealth even after death - repealing it is actually a fairly good idea.
the unfortunate reality is that both parties have some good ideas and some nutty ideas and the pity is we cannot choose what we like best from each - the set of beliefs is a like a package deal - you get the good with the bad.........
1. The 14th amendment is what this country created as a result of the civil war to end slavery. The congress-critters thinking of repealing this amendment either have forgotten their history or are evil in ways people have not understood.
2 and 3. Expectations of a balanced budget is an excellent example of not understanding the consequences of previous policies. Either a. reduce spending or b. increase taxation.
Neither is acceptable, but we still want a balanced budget. When I was young, I learnt these basics of supply and demand by carefully managing my pocket money. I suppose the rich congress kids never had to think like that.
4. I don't really know enough to comment on this
1. almost no other country has an unqualified birth-right on citizenship........so, if americans at some point want this changed - this is well within their rights.......however, constitution amendment process is so complex in this country ( i believe all states have to ratify or something like that) - it is near impossible.
2. balanced budget is not a bad idea - deficit financing ad infinitum does not make much sense
3. most of us dont like tax hikes - so if GOP folks agree with that view - whats wrong with that?
4. Estate Tax is just the Govt's way of destroying individual wealth even after death - repealing it is actually a fairly good idea.
the unfortunate reality is that both parties have some good ideas and some nutty ideas and the pity is we cannot choose what we like best from each - the set of beliefs is a like a package deal - you get the good with the bad.........
1. The 14th amendment is what this country created as a result of the civil war to end slavery. The congress-critters thinking of repealing this amendment either have forgotten their history or are evil in ways people have not understood.
2 and 3. Expectations of a balanced budget is an excellent example of not understanding the consequences of previous policies. Either a. reduce spending or b. increase taxation.
Neither is acceptable, but we still want a balanced budget. When I was young, I learnt these basics of supply and demand by carefully managing my pocket money. I suppose the rich congress kids never had to think like that.
4. I don't really know enough to comment on this
vishage
09-05 04:41 PM
She checked my file over 20 minutes and also talked to her supervisor. they thought USCIS maybe lost my application somewhere. right now, I am waiting response from NSC for my application. I really do not know what need to do.
wish I am the only bad luck one here and good luck to everyone.
Thanks Divakrr,
Tried this the lady on the second level said she couldnt find anything on the file yet.gues have to keep waitin
wish I am the only bad luck one here and good luck to everyone.
Thanks Divakrr,
Tried this the lady on the second level said she couldnt find anything on the file yet.gues have to keep waitin
more...
kaisersose
09-17 12:17 PM
Same situation here. As per my lawyer (good lawyer can be trusted but could be ill informed) If my wife doesn't join the employer there is no status change. No need to file any reinstatement from H4 to H1. And I have reconfirmed this a couple of times now.
If you hear anything different from a legit source please do let me know.
Other relevant details in my case is that my wife's ead/ap application was filed on 2nd July. and She is under Adjustment of Status (485) as a derivative. On a second thought, I am not sure if this is the same case as yours.
I am pretty sure your lawyer is wrong. Many lawyers assume the same rule of H-1 to H-1 transfer applies everywhere which is not the case. A change of status is not the same as H-1 to H-1.
A H-4 to H-1 will take effect on October 1st. The surest way to not let this happen is if she has a valid H-4 visa stamp. She can get out of the country on Sep 30 and return back on Oct 02 as H-4.
The other alternative is to apply for a H-1 to H-4 status change and wait it out. This status change is not effective until approval which can take a while. Meanwhile she will be on H-1 without pay which is not good.
There may be a third choice where the employer cancels the H-1b as she does not intend to join. Then she is in 485 status from October 1st and can apply for a h-4 extension. But this option has to be confirmed by a $450-for-15-mins attorney. If this works, this is the simplest and cheapest option (minus the attorney fee)
If you hear anything different from a legit source please do let me know.
Other relevant details in my case is that my wife's ead/ap application was filed on 2nd July. and She is under Adjustment of Status (485) as a derivative. On a second thought, I am not sure if this is the same case as yours.
I am pretty sure your lawyer is wrong. Many lawyers assume the same rule of H-1 to H-1 transfer applies everywhere which is not the case. A change of status is not the same as H-1 to H-1.
A H-4 to H-1 will take effect on October 1st. The surest way to not let this happen is if she has a valid H-4 visa stamp. She can get out of the country on Sep 30 and return back on Oct 02 as H-4.
The other alternative is to apply for a H-1 to H-4 status change and wait it out. This status change is not effective until approval which can take a while. Meanwhile she will be on H-1 without pay which is not good.
There may be a third choice where the employer cancels the H-1b as she does not intend to join. Then she is in 485 status from October 1st and can apply for a h-4 extension. But this option has to be confirmed by a $450-for-15-mins attorney. If this works, this is the simplest and cheapest option (minus the attorney fee)
mayhemt
04-20 06:33 PM
For all the critiques against this march....
Remember, this march is for pushing lawmakers to 'take up comprehensive immigration reform'. This is not for granting immediate amnesty to undocumented/illegals.
If you are waiting for exclusive reform on H1B/EB3-I/EB2-I instant-green-card-welcoming kit, well, good luck in your shell for another 1000 years. Why not join hands with another group for a similar & bigger goal? Like I said in my initial post, there's nothing to lose... Consider it. Its a 'I scratch your back, you scratch my back' thing..
With a lot of media attention, they finally might take it up seriously before another year is wasted.
From Why March? � May 1 March � Reform Immigration For America (http://reformimmigrationforamerica.org/blog/why-march/) ..
Our broken immigration system hurts millions of families across America. It keeps workers under the exploitative heel of employers, pitting workers against each other when we could be united to move our economy forward. It keeps men, women, and children living in fear of raids, detainment, and deportation. Every day that our government doesn�t pass immigration reform, the fabric of America is unraveled, and the American dream is deferred.
Our leaders� promises are meaningless if they don�t turn their rhetoric into concrete actions and legislation. President Obama, Congress, and the bureaucracy in Washington DC have not delivered the action America needs. We�re marching on May 1st to show them, and the world, that we�re not going to let them get away with it.
Remember, this march is for pushing lawmakers to 'take up comprehensive immigration reform'. This is not for granting immediate amnesty to undocumented/illegals.
If you are waiting for exclusive reform on H1B/EB3-I/EB2-I instant-green-card-welcoming kit, well, good luck in your shell for another 1000 years. Why not join hands with another group for a similar & bigger goal? Like I said in my initial post, there's nothing to lose... Consider it. Its a 'I scratch your back, you scratch my back' thing..
With a lot of media attention, they finally might take it up seriously before another year is wasted.
From Why March? � May 1 March � Reform Immigration For America (http://reformimmigrationforamerica.org/blog/why-march/) ..
Our broken immigration system hurts millions of families across America. It keeps workers under the exploitative heel of employers, pitting workers against each other when we could be united to move our economy forward. It keeps men, women, and children living in fear of raids, detainment, and deportation. Every day that our government doesn�t pass immigration reform, the fabric of America is unraveled, and the American dream is deferred.
Our leaders� promises are meaningless if they don�t turn their rhetoric into concrete actions and legislation. President Obama, Congress, and the bureaucracy in Washington DC have not delivered the action America needs. We�re marching on May 1st to show them, and the world, that we�re not going to let them get away with it.
murali77
09-16 03:10 AM
What does this mean ?
"Our electronic records show that your application is with the adjudications officer for review."
EB2
PD JAN-06(NSC)
Thanks
"Our electronic records show that your application is with the adjudications officer for review."
EB2
PD JAN-06(NSC)
Thanks
ghost
02-04 08:52 AM
Yeah, H-1B is a dual-intent visa where you are allowed to apply for permanent residency besides temporarily working in US...so, unless there are any specific Malaysian Immigration restrictions, your US Consulate in KL should not be asking you for any proof of air ticket purchase.
Having said that, this list of additional supporting documents that they might ask is not standard across various consulates. So, it is better for you to directly get a list of "additional supporting documents" that they have on radar either through the consulate or any of your Malaysian friends/network.
Since it is a H-1B extension, at the bare minimum, you should carry the certified copy of I-129 by your immigration attorney, most recent employment verification letter signed by your supervisor, most recent pay statements, W2s and bank statements. This is in addition to your I-797 original, original educational degree certificates, a copy of your resume and the completed DS-156, DS-157 forms.
Good Luck!
Having said that, this list of additional supporting documents that they might ask is not standard across various consulates. So, it is better for you to directly get a list of "additional supporting documents" that they have on radar either through the consulate or any of your Malaysian friends/network.
Since it is a H-1B extension, at the bare minimum, you should carry the certified copy of I-129 by your immigration attorney, most recent employment verification letter signed by your supervisor, most recent pay statements, W2s and bank statements. This is in addition to your I-797 original, original educational degree certificates, a copy of your resume and the completed DS-156, DS-157 forms.
Good Luck!
sdeshpan
07-21 03:13 PM
Has your experience via Delhi been any different (better/worse) than Bombay...mostly in terms of harassment by customs officials etc?
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