Sunday, June 26, 2011

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  • AK_GC
    07-22 02:42 PM
    Or can we work on EAD and let the H1B lapse. The employer is the same. Thanks for the information!





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  • redcard
    10-05 08:29 PM
    finally approved... got magic emails this morning :D:D

    How does one go about canceling the pending EB2-NIW i-485 (possibly get the money back... will be glad to donate it all to IV :D:D)

    Congrats!

    Just a small glitch in your case.. when USCIS approves a case it automatically rejects any other pending application for 485.. infact it is a prerequisite for the AO to check this before the application can be approved. Surprised that in your case it did not happen.

    BTW you did mention that your dependents got approved on your EB2 application and your got on EB1.. seems like USCIS went out of the way to accommodate and change the process in your case...well seems like you might end up getting naturalized in another month of so.. Lucky you...





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  • greenmonster
    11-23 10:50 AM
    Hi,

    I am on EAD with my GC sponsor, 485 pending - PD Dec2006. I was a Sr.QA Analyst while my Labor was filed. Those job responsibilities were submitted in labor along with generic titles like programmer analyst etc.

    Now that I have planned a technology change, I am moving into SAP BI. As it is getting tough to get contract positions and lot of FTE opportunities. I am wondering what my options are. Having said that I am also anticipating my PD to be current in july/aug/sep 2011.

    I was told by my employer that I could temporarily resign , take a FT with another company and join back within 6 months.
    During this time they would continue with my green process.

    In this situation while I am very close ( 6-9 months) for my PD to be current, what are my best options?

    1. AC21 - get it all done with new company ? Job title from Sr.Qa to SAP BI would it be a problem?

    2. Temporary resignation and rejoining - is it really feasible?

    3. Stay with current company - try for contract positions even if it means that I have to stay long on bench. I have been already out since Aug.

    Please pour in your thoughts.

    Thanks for your help.





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  • Carlau
    01-10 09:24 PM
    If S.2611 is going to be discussed, isn't it possible that they ammend where it says that the spouse of the Blue card status worker (previously illegal worker) can work for any employer, that the same applies for the H-1B spouses? The L-1spouses can work too so why do we H-4s have to suffer?



    "... (iii) EMPLOYMENT- The spouse of an alien granted blue card status may apply to the Secretary for a work permit to authorize such spouse to engage in any lawful employment in the United States while such alien maintains blue card status. ..."

    http://thomas.loc.gov/cgi-bin/bdquery/z?d109:SN02611: then select "Text of legislation" and then select "2 . Comprehensive Immigration Reform Act of 2006 (Engrossed as Agreed to or Passed by Senate)[S.2611.ES] " (unfortunately the direct link is temporary so you need to follow these instructions to reach it)

    .2611
    Comprehensive Immigration Reform Act of 2006 (Engrossed as Agreed to or Passed by Senate)
    ________________________________________
    TITLE IV--NONIMMIGRANT AND IMMIGRANT VISA REFORM
    Subtitle A--Temporary Guest Workers
    CHAPTER 1--PILOT PROGRAM FOR EARNED STATUS ADJUSTMENT OF AGRICULTURAL WORKERS
    SEC. 613. AGRICULTURAL WORKERS.
    (a) Blue Card Program-
    (1) IN GENERAL- Notwithstanding any other provision of law, the Secretary shall confer blue card status upon an alien who qualifies under this subsection if the Secretary determines that the alien--
    (A) has performed agricultural employment in the United States for at least 863 hours or 150 work days during the 24-month period ending on December 31, 2005;
    (B) applied for such status during the 18-month application period beginning on the first day of the seventh month that begins after the date of enactment of this Act; and
    (C) is otherwise admissible to the United States under section 212 of the Immigration and Nationality Act (8 U.S.C. 1182), except as otherwise provided under subsection (e)(2).
    (2) AUTHORIZED TRAVEL- An alien in blue card status has the right to travel abroad (including commutation from a residence abroad) in the same manner as an alien lawfully admitted for permanent residence.
    (3) AUTHORIZED EMPLOYMENT- An alien in blue card status shall be provided an `employment authorized' endorsement or other appropriate work permit, in the same manner as an alien lawfully admitted for permanent residence.
    (4) TERMINATION OF BLUE CARD STATUS-
    (A) IN GENERAL- The Secretary may terminate blue card status granted under this subsection only upon a determination under this subtitle that the alien is deportable.
    (B) GROUNDS FOR TERMINATION OF BLUE CARD STATUS- ...

    (b) Rights of Aliens Granted Blue Card Status-
    (1) IN GENERAL- Except as otherwise provided under this subsection, an alien in blue card status shall be considered to be an alien lawfully admitted for permanent residence for purposes of any law other than any provision of the Immigration and Nationality Act (8 U.S.C. 1101 et seq.).
    (A) IN GENERAL- Except as provided in subparagraph (B), the Secretary shall adjust the status of an alien granted blue card status to that of an alien lawfully admitted for permanent residence if the Secretary determines that the following requirements are satisfied:
    (i) QUALIFYING EMPLOYMENT- The alien has performed at least--
    (I) 5 years of agricultural employment in the United States, for at least 100 work days or 575 hours, but in no case less than 575 hours per year, during the 5-year period beginning on the date of the enactment of this Act; or
    (II) 3 years of agricultural employment in the United States, for at least 150 work days or 863 hours, but in no case less than 863 hours per year, during the 5-year period beginning on the date of the enactment of this Act.
    (ii) PROOF- An alien may demonstrate compliance with the requirement under clause (i) by submitting--
    ...
    (C) GROUNDS FOR REMOVAL- Any alien granted blue card status who does not apply for adjustment of status under this subsection before the expiration of the application period described in subparagraph (A)(iv), or who fails to meet the other requirements of subparagraph (A) by the end of the applicable period, is deportable and may be removed under section 240 of the Immigration and Nationality Act (8 U.S.C. 1229a).
    (D) PAYMENT OF TAXES-
    (i) IN GENERAL- Not later than the date on which an alien's status is adjusted under this subsection, the alien shall establish the payment of any applicable Federal tax liability by establishing that--
    (I) no such tax liability exists;
    (II) all outstanding liabilities have been paid; or
    (III) the alien has entered into an agreement for payment of all outstanding liabilities with the Internal Revenue Service.
    ....

    (2) SPOUSES AND MINOR CHILDREN-(A) IN GENERAL- Notwithstanding any other provision of law, the Secretary shall confer the status of lawful permanent resident on the spouse and minor child of an alien granted status under paragraph (1), including any individual who was a minor child on the date such alien was granted blue card status, if the spouse or minor child applies for such status, or if the principal alien includes the spouse or minor child in an application for adjustment of status to that of a lawful permanent resident.
    (B) TREATMENT OF SPOUSES AND MINOR CHILDREN BEFORE ADJUSTMENT OF STATUS-
    (i) REMOVAL- The spouse and any minor child of an alien granted blue card status may not be removed while such alien maintains such status, except as provided in subparagraph (C).
    (ii) TRAVEL- The spouse and any minor child of an alien granted blue card status may travel outside the United States in the same manner as an alien lawfully admitted for permanent residence.
    (iii) EMPLOYMENT- The spouse of an alien granted blue card status may apply to the Secretary for a work permit to authorize such spouse to engage in any lawful employment in the United States while such alien maintains blue card status.
    (C) GROUNDS FOR DENIAL OF ADJUSTMENT OF STATUS AND REMOVAL- The Secretary may deny an alien spouse or child adjustment of status under subparagraph (A) and may remove such spouse or child under section 240 of the Immigration and Nationality Act (8 U.S.C. 1229a) if the spouse or child--
    (i) commits an act that makes the alien spouse or child inadmissible to the United States under section 212 of such Act (8 U.S.C. 1182), except as provided under subsection (e)(2);
    (ii) is convicted of a felony or 3 or more misdemeanors committed in the United States; or
    (iii) is convicted of a single misdemeanor for which the actual sentence served is 6 months or longer.



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  • sammyb
    09-24 12:45 PM
    In June'09 USCIS issued RFE for both of our I-485 for medical and it was sent to my old address even tough I updated address online for both the application ... fortunately a copy was sent to the lawyer and we were able to respond in time ...

    This whole system is a crap - their IT i mean .... no proper house keeping ... and do not depend on the online status ... even though one of the AOS appl has been denied ny USCIS the online status still shows pending - what a joke .... also the MTR for the same denial shows pending :) :) :) ...

    I got it for missing Medicals for both me and my wife.

    I would trust anytime my lawyer than USCIS.

    here is what they did.

    Wrong address even though filed for AR11 online and received Soft LUD online. This is one year old address and they didn't even put APT# in my old address. God's Grace I received it by mail fowarding without APT#

    Didn't update my online status. Still showing Pending and no LUD or soft LUD

    I know my lawyer put in G28 and medicals both when he was mailing it as I was the one who finally inspected and mailed the package.

    Some other folks also got for Medicals. Looks to me a routine to get rid off pending cases or preadjudicate.

    Weird but true in my case





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  • jvordar
    04-07 03:08 PM
    ok one question i have here is lets say if you have crossed your 6 years H1B limit and now the current employer does not give u copies of I140 and labor, in this case the new company wont be able to file for your H1 renewal coz the renewal is based on labor and I-140.. in this case there is no choice and u r forced to use your EAD... is that right??



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  • Whitemonkey
    07-15 10:45 PM
    This is a hard call. I would probably wait for the EAD before deciding which one to cancel. you might be canceling one that is about to send you your EAD. It is risky.





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  • fearonlygod
    10-04 01:08 AM
    hmmm....cannot say in my case i had all the paystubs for the months before i resigned...it was only i left i didnt got the 2 paystubs though for 1 salary was paid and even bank statement is reflecting that and my employer confirmed by sending a mail......

    It is a serious breach of not giving paystub bit kind of chicken egg problem becoz if u complain ot DOL tey ara for certin going to tear him off but he has liberty of cancelling you r visa.....

    I know a ldy who was harrases in this manner , she wrote to DOL...and action was very promt.....and after few months she left those guys....

    I hope this helps.......



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  • sanjay
    08-29 12:29 PM
    I saw many 2nd July Polls but doesn't have full proof information.
    So thaught creating New Poll.
    Hope everyone will participate in the Poll.


    where is the poll? Any way there more than 5 - 6 polls as of now and there is no way to find a full proof information. We all do more speculations and analysis. So, no need to create new threads with these polls. We got many.





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  • trueguy
    08-28 11:19 AM
    Ron sent an inquiry and here is the answer he got

    Ron also says


    Visa Bulletin says


    So I predict the EB3 RoW Oct bulletin will be what it was on June Bulletin but EB3 China and India will not be the same as June bulletin.



    When they say "Continued Heavy Demand", what does it mean? Howcome there can be demand with Older Priority Dates? Labor Substitution is no longer possible so there can't be new demand with Older PD. So howcome PD goes back? Does anybody have insight into that?



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  • mangelschots
    05-02 09:02 PM
    Senator Obama has filed the "Citizenship Promotion Act 2007" which
    tries to alleviate this process and mandate the FBI to perform this in
    a reasonable timeframe without limiting US Security.

    following is an exceprt of this.
    "...Act to limit the timeframe of the FBI name check and background
    check. We ask of the honorable members of the Congress and Senate to
    approve Senator Obama's Act in its entirety and facilitate the
    feasibility of it. As the security of this country is considered a
    priority, it is important that the adequate budget and resources are
    devoted to the security checks ..."

    This sounds like a good initiative to help out all of us that finally end up making in I-485. Suggest we rally all IV members to sign this petition:

    http://www.petitiononline.com/nc082505/petition.html





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  • greyhair
    09-30 10:24 PM
    ... there are always idiots in any group.

    I wouldn't be worried if there were some idiots in this Chinese group. The reason I'm worried is because the entire group is idiot. These Chinese are knowing shooting themselves in the foot. They are ok as long as Indians are getting shot too. If this is not dumb then I don't know what is.



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  • solraj
    03-19 01:24 PM
    Check with the employer and the designated lawyer if they received a notice saying 140 denied.If not check with your employer and see how the trend is wrt 140 approvals recently if anyone got approvals or any denials if yes is it an Ability to pay or Education.Either way you can file a Motion to reopen for both 140 and 485.I believe it has to be done in 30 days. So you should really rush getting this done.I would advise doing it from a very experienced lawyer than the actual lawyer who filed your original cae.





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  • cagedcactus
    07-31 07:22 AM
    Your input is much appreciated. I filed my I 140.
    Thanks a lot again.....



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  • rajum02
    05-14 11:07 AM
    Howard County .. ( Columbia, ellicotcity)





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  • drirshad
    11-14 03:01 AM
    You need exp letter before filing 140 or 485 so don't worry anymore, checkout the following website get your salary you deserve a lot more than he owes ......

    http://www.dhs.gov/xabout/structure/editorial_0482.shtm



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  • needhelp!
    11-13 01:31 PM
    Thank you to all the 8 volunteers who worked for IV on Saturday.
    Thank you sw33t for making it all the way from San Antonio.





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  • kumargovin
    06-03 10:33 AM
    I posted this question sometime back since I am in the same situation. I did get some response back and you are in the right track. On this issue, the regulations are very unclear. So far I have not found anything that says we can transfer to a new employer on 7th year and gain 8th year with them. AC21 allows H1B portability but unclear when it comes to 7/8th year. In my oppinion, safest way to go thru this issue is to apply for remaining 7th year and 8th year extension, 6 months before the 7th year expires. My new employer will only hire me only if 8th year gets approved since this will allow them to file for the new GC thru PERM. I did talk to couple lawyers but Mr. Micheal Khosla (http://www.usimmigration.net/index.html) is very confident & clear about this issue. Plese check his website for other informations. I hope I am being helpful here and please let me know how things work out for you.





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  • santosh08872
    12-02 10:06 PM
    Thanks for sharing the great news, I am going to join on EAD for new job and at least one thing less to think about.





    itstimenow
    08-07 11:06 PM
    If all the documents are submitted - court related -- in that case are we good to go?





    trueguy
    08-28 02:09 PM
    Yes, I can profess a guess, but that does not account for the statement about "A formal decision determination of the October cut-off dates will not be possible until early September"

    With all the labor certification being sold on or around June 2007, old labors started getting used up. These applications are probably trickling in during the course of the year, and may have seen a huge rush when they announced that they are going to make EB3 unavailable. Therefore, their earlier assumption that they can move forward was wrong. On the other hand, they probably totally messed up in counting the number of cases they already had on hand.

    I dont agree to the continued "heavy demand" comment. What demand? Were they accepting applications when the queue was already closed for the year? If not, there is no case of "heavy demand", unless there was a bunch of applications around Dec02-Mar03 for China but as usual they used a 3 year old to count the number applications


    That is exactly what I don't understand. How can they have new applications coming in with PD as old as 2001? I can understand if somebody have family outside US and their new born will be eligible to file with Older PD. But how many people have family outside India, not at all.



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