alterego
10-27 12:15 PM
It is precisely this type of ignorance and reluctance to address the real issues by both sides of the issue that makes our predicament so difficult to fix(as with many other policy issues that need fixing in this country). It is an almost insurmountable feat to get the policy makers and even the debaters on this issue to distinguish between the issues of illegal immigration and legal immigration in this country. This obfuscation is not by accident but by clear intent to serve each their specific interests.
Were that not the case, why don't these "we need to stand by the rule of law" enforcement types, call for an improvement in the situation for those "who have followed the law", simply put, it is only convenient for them to say that when they are speaking about the illegals, but alas they are against us legals as well................. so how can they ask anyone to believe that they are anything but anti immigrant period.
The pro immigrant guys blur the distinction specifically because they consider us a sweetener in the deal no less and no more they really don't consider the way we came any better or worse than the way others arrived, it is simply either all or none for them.
A rational policy that the American people can be asked to accept IMHO would involve, strict enforcement both at the border and interior at multiple sites including workplace, policies to alleviate the plight of the legals to demonstrate that way is rewarded and finally a strict case by case evaluation of illegals where some are given amnesty(if they have US children, spouse, lived here over X number of years and can prove it etc) Some will have to be made to have to leave to demonstrate that illegal behavior is not condoned or rewarded, be they Mexicans, Indians or Irish.
Alas, this cannot and will not be done due to the cowardice OF BOTH SIDES of this debate. Cowardice is sadly now changing to outright disdain for immigrants and that is sad in this great country of immigrants. Now the obfuscation will see a backlash emerging against us legals as well.
Were that not the case, why don't these "we need to stand by the rule of law" enforcement types, call for an improvement in the situation for those "who have followed the law", simply put, it is only convenient for them to say that when they are speaking about the illegals, but alas they are against us legals as well................. so how can they ask anyone to believe that they are anything but anti immigrant period.
The pro immigrant guys blur the distinction specifically because they consider us a sweetener in the deal no less and no more they really don't consider the way we came any better or worse than the way others arrived, it is simply either all or none for them.
A rational policy that the American people can be asked to accept IMHO would involve, strict enforcement both at the border and interior at multiple sites including workplace, policies to alleviate the plight of the legals to demonstrate that way is rewarded and finally a strict case by case evaluation of illegals where some are given amnesty(if they have US children, spouse, lived here over X number of years and can prove it etc) Some will have to be made to have to leave to demonstrate that illegal behavior is not condoned or rewarded, be they Mexicans, Indians or Irish.
Alas, this cannot and will not be done due to the cowardice OF BOTH SIDES of this debate. Cowardice is sadly now changing to outright disdain for immigrants and that is sad in this great country of immigrants. Now the obfuscation will see a backlash emerging against us legals as well.
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shreekarthik
06-08 05:57 PM
Guys,
I have approved EB3 LC and approved I 140 with PD JAN 2002. My wife has approved EB2 LC (Perm) and Approved I 140 with PD JAN 2006
As we represent one family can't my wife use my PD and apply I 485 under EB2.
for example If husband is born in a retrogressed country and wife in a non retrogressed country in that case, husband gets a free ride !
Why not in this case ? Just curious !
in case of spouses having different nationality, we can flip the primary applicant and are not mis-matching the priority dates. So if ur wife is from a non-retro country her PD is still going JAN 2006 but since she is from non-retro she has greater chance of success.
But here u want ur priority date to be applied to your spouse application and that's not legally possible. As the other poster says u can try PERM for EB2 and xfer ur old PD to the new PERM.
I have approved EB3 LC and approved I 140 with PD JAN 2002. My wife has approved EB2 LC (Perm) and Approved I 140 with PD JAN 2006
As we represent one family can't my wife use my PD and apply I 485 under EB2.
for example If husband is born in a retrogressed country and wife in a non retrogressed country in that case, husband gets a free ride !
Why not in this case ? Just curious !
in case of spouses having different nationality, we can flip the primary applicant and are not mis-matching the priority dates. So if ur wife is from a non-retro country her PD is still going JAN 2006 but since she is from non-retro she has greater chance of success.
But here u want ur priority date to be applied to your spouse application and that's not legally possible. As the other poster says u can try PERM for EB2 and xfer ur old PD to the new PERM.
forgerator
04-29 03:39 PM
The majority of people who return to their home countries do so due to family related reasons. America is still the land of opportunity and the best bet to earn big bucks.
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smuggymba
10-06 04:06 PM
My friend (same person as ronhira, same tone and lang always...anyway)
I'm from india just in the process of starting my labor on H1-B for the alst 4.5 years. You say I'm an anti-immigrant....based on what? I can't waste my time with you.
Please have fun in issuing toll alerts. ppl like me will still respond if I can help. I have received tremendous help from here and other forums also and I will reply if I can asnwer any question. Have fun.
smuggymba, every one knows you are an anti immigrant. dont waste time here with fake posts.
Why should I make the fact gaps public and train anti immigrants like you ?
I'm from india just in the process of starting my labor on H1-B for the alst 4.5 years. You say I'm an anti-immigrant....based on what? I can't waste my time with you.
Please have fun in issuing toll alerts. ppl like me will still respond if I can help. I have received tremendous help from here and other forums also and I will reply if I can asnwer any question. Have fun.
smuggymba, every one knows you are an anti immigrant. dont waste time here with fake posts.
Why should I make the fact gaps public and train anti immigrants like you ?
more...
GCBy3000
11-09 03:32 PM
Does anyone have exact idea on what is meant my PD portability. I have my i140 approved on locaiton A. Then I moved to location B and started a new labor and filed for 140 last month.
There was no mention in my second 140 about the old PD. When does exactly I have to mention that I have a PD to use. Is this in 485 stage? When I checked with my attorney he said, I have now two PDs and I can use any of them. But when and how I dont know?
There was no mention in my second 140 about the old PD. When does exactly I have to mention that I have a PD to use. Is this in 485 stage? When I checked with my attorney he said, I have now two PDs and I can use any of them. But when and how I dont know?
browncow
05-20 09:43 PM
From what I understand, if you have an H1b extended based on your Labor or I140 approval, if your I485 is denied, all applications/extensions based on your Adjustment of Status also expire.
From the lawyers' perspective, all of them promoting H1bs is more a business push than a 'favorable situation for the applicant' push.
Most EAD/AP applications/renewals are now filed by applicants directly, whereas H1Bs go thru the lawyers.
But keeping the moolah part aside, why would an EAD be invalid whereas a H1b be valid, when both are based on the Green Card application?
From the lawyers' perspective, all of them promoting H1bs is more a business push than a 'favorable situation for the applicant' push.
Most EAD/AP applications/renewals are now filed by applicants directly, whereas H1Bs go thru the lawyers.
But keeping the moolah part aside, why would an EAD be invalid whereas a H1b be valid, when both are based on the Green Card application?
more...
immig4me
04-22 01:44 PM
try it and let us know how that works out for you :D:DSo basically you are saying you cannot sue the people responsible for greencard problem.
I think the only option left is to either sue God or sue yourself for your bad luck.
I think the only option left is to either sue God or sue yourself for your bad luck.
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immiguy
07-20 04:47 PM
If your friend maintains H status, she could bring her baby back on H4 visa.
Well, actually she does. But they are worried that they GC might be approved and their child would be out of status- any suggestions?
Well, actually she does. But they are worried that they GC might be approved and their child would be out of status- any suggestions?
more...
aarzoo
01-18 08:40 AM
Is the employer violating H1B requirements?? I understand legally H1B fees is the responsibility of the employer.
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PHANI_TAVVALA
12-02 04:17 PM
>>>You cannot transfer to H4, since the 6 year limit is for the "H" category<<<<
I thought this rule changed couple of years back. H4 time is not considered towards H1B anymore and generally the spouses who were on h4 became eligible for full 6 years of H1B. Isn't this right? Sorry for testing your patience with too many questions. Generally I am a cool head but I guess I have been way overcool on this issue.
I thought this rule changed couple of years back. H4 time is not considered towards H1B anymore and generally the spouses who were on h4 became eligible for full 6 years of H1B. Isn't this right? Sorry for testing your patience with too many questions. Generally I am a cool head but I guess I have been way overcool on this issue.
more...
zCool
04-13 06:36 PM
Hello All,
I came across this site while researching for *urgent* solutions or options that my friend needs to pursue or has.
These are my friend's details --
EB3 -- India.
I140 approved in July 2007.
485 filed in July 2007.
MS in Engg from USA.
MBA in Finance from top ten school in USA.
Has applied for couple of patents in tech field.
Author of few papers in tech field.
My friend worked for his green card petitioning employer for 7 years in a technical position on H1 visa. He had to leave this job under some unfavorable circumstances around a month back. He has now taken a job as Marketing Manager for a big firm and is using his EAD. Two weeks back he has received an RFE on his 485 application. (Very curious and bad timing indeed too). This RFE needs a Employment Verification Letter. The current position that my friend works as does not match the position description on his labor petition. The RFE reply needs to be sent in within next 2 weeks.
What are his options to reply to the RFE? One of the lawyers that was consulted said that since Green Card is for a future position, he needs to get a legit letter from a future employer that the employer is willing to hire my friend after he gets his green card.
Also suggested were EB2-NIW and self-employment options.
What would you suggest -- best course of action? Would you know anybody who has gone through a similar situation. Any fallback options that my friend needs to evaluate?
I really appreciate all your replies. Pl treat this as very urgent.
Thanks.
Lawyer is correct. letter needs to be from future employer.
EB2 NIW generally can not be applied by Marketing Manager, where is the National interest when you hawk the wares or services? Unless he's marketing Boeing planes and saving jobs thro' his branding brilliance, it's crapshoot..
I came across this site while researching for *urgent* solutions or options that my friend needs to pursue or has.
These are my friend's details --
EB3 -- India.
I140 approved in July 2007.
485 filed in July 2007.
MS in Engg from USA.
MBA in Finance from top ten school in USA.
Has applied for couple of patents in tech field.
Author of few papers in tech field.
My friend worked for his green card petitioning employer for 7 years in a technical position on H1 visa. He had to leave this job under some unfavorable circumstances around a month back. He has now taken a job as Marketing Manager for a big firm and is using his EAD. Two weeks back he has received an RFE on his 485 application. (Very curious and bad timing indeed too). This RFE needs a Employment Verification Letter. The current position that my friend works as does not match the position description on his labor petition. The RFE reply needs to be sent in within next 2 weeks.
What are his options to reply to the RFE? One of the lawyers that was consulted said that since Green Card is for a future position, he needs to get a legit letter from a future employer that the employer is willing to hire my friend after he gets his green card.
Also suggested were EB2-NIW and self-employment options.
What would you suggest -- best course of action? Would you know anybody who has gone through a similar situation. Any fallback options that my friend needs to evaluate?
I really appreciate all your replies. Pl treat this as very urgent.
Thanks.
Lawyer is correct. letter needs to be from future employer.
EB2 NIW generally can not be applied by Marketing Manager, where is the National interest when you hawk the wares or services? Unless he's marketing Boeing planes and saving jobs thro' his branding brilliance, it's crapshoot..
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qualified_trash
08-27 09:48 PM
IV does not represent people like you. Now get the hell out of here.
You may not agree with what everyone says on these forums. It is not your business to ask them to get out.
You may not agree with what everyone says on these forums. It is not your business to ask them to get out.
more...
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krithi
02-04 08:11 AM
I am in similar situation but the only difference is I applied for 485 after graduating and currently working on EAD, can I visit India and come back on AP with no isses? and BTW what did ur attorney say exactly? appreciate ur help.
krithi
krithi
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akhilmahajan
07-01 04:33 PM
This is the link.
http://immigrationvoice.org/forum/ac21-portability-after-180-days-485-filing/21472-student-aid-ead-stage.html
http://immigrationvoice.org/forum/ac21-portability-after-180-days-485-filing/21472-student-aid-ead-stage.html
more...
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hopefulgc
05-12 11:10 PM
newuser,
If you are ever in florida.. jacksonville area... give me a shout.
For this kinda support, i totally owe you a drink at buffalo wild wings.
I am in for it. I am ready to put 2K if members are going to come forward
If you are ever in florida.. jacksonville area... give me a shout.
For this kinda support, i totally owe you a drink at buffalo wild wings.
I am in for it. I am ready to put 2K if members are going to come forward
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raysaikat
04-23 03:28 PM
Hello thanks for the reply.
By applying for a petition did you mean:
- give the job advertisement in a newsletter,
- get the LCA
- then apply for a petition - I-129
>> what is the time frame for this petition application?
- apply for the waiver (i mean J1 applies and gets it lets say in 2-3 months)
>> i'll be still working with my J2 EAD, during waiver comes.
- once the waiver comes, then what is the procedure?\
Thanks again!
Your company needs to hire an immigration lawyer for doing the H1-B petition and you need to talk to that person. The forums are not a substitute for lawyers; for one, you may not get the response/information/answer that fits your specific situation. Forums are for getting a good overview --- general knowledge, so to say --- so that you know what is happening --- and you already have more than enough general information.
By applying for a petition did you mean:
- give the job advertisement in a newsletter,
- get the LCA
- then apply for a petition - I-129
>> what is the time frame for this petition application?
- apply for the waiver (i mean J1 applies and gets it lets say in 2-3 months)
>> i'll be still working with my J2 EAD, during waiver comes.
- once the waiver comes, then what is the procedure?\
Thanks again!
Your company needs to hire an immigration lawyer for doing the H1-B petition and you need to talk to that person. The forums are not a substitute for lawyers; for one, you may not get the response/information/answer that fits your specific situation. Forums are for getting a good overview --- general knowledge, so to say --- so that you know what is happening --- and you already have more than enough general information.
more...
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drona
08-31 12:47 AM
Am I missing something here. Isn't it via country of birth and not country of citizenship. There might be better ways to get around the system. EB2 Indians should marry EB3 ROW folk and apply cross-chargeability! I have yet to think of a way out for EB3 India!
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saileshdude
09-04 11:37 AM
You can work on h1b - you will get H1b based on existing approved 140 and pending 485.
If 140 is revoked by employer you may get a RFE or NOID or in rare cases erroneous denial but you can continue on h1b while you respond to RFE or NOID oor through MTR to erroneous denial.
Sending AC21 docs does not necessarily mean you may not get NOID - AC21 docs seldom go into your file.
This is yet another inefficiency on their part. When it comes to AC21 your file does not even get updated even though you may have attached I-485 receipt along with AC21 filing. But when the employer revokes I-140 they don't forget to send you NOID or even I-485 denial.
If 140 is revoked by employer you may get a RFE or NOID or in rare cases erroneous denial but you can continue on h1b while you respond to RFE or NOID oor through MTR to erroneous denial.
Sending AC21 docs does not necessarily mean you may not get NOID - AC21 docs seldom go into your file.
This is yet another inefficiency on their part. When it comes to AC21 your file does not even get updated even though you may have attached I-485 receipt along with AC21 filing. But when the employer revokes I-140 they don't forget to send you NOID or even I-485 denial.
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Roger Binny
07-25 04:42 PM
No idea what to say, yes they have all rights but doesn't this never ends?
Or Are these cases rare ?
Some one entered into US legally in 2001, slogged(ing) 8 or more years for GC...so 2009..then 5 more years for citizen ship so 2014....with this news it looks like they need to keep up the paper work and employer contacts for 12 years, as well the family need to realize that their stay in US is temporary ???
Oh my god too much of reality.
Or Are these cases rare ?
Some one entered into US legally in 2001, slogged(ing) 8 or more years for GC...so 2009..then 5 more years for citizen ship so 2014....with this news it looks like they need to keep up the paper work and employer contacts for 12 years, as well the family need to realize that their stay in US is temporary ???
Oh my god too much of reality.
anandrajesh
12-19 08:31 PM
core member- Ashish Sharma (eager2i) will be attending this call on behalf of the core team.
I'LL BE THERE
I'LL BE THERE
kaizersoze
03-21 12:30 PM
I just posted this on another thread. I'lls et up a conf call, hopefully this weekend. We need to build some momentum and meet as many lawmakers as possible.
PS: This post pertains to seattle area congressmen. I'll post a contact list of lawmakers in the northwest region. I noticed that someone from portland als posted here.
Folks,
As part of the WA state chapter, we have started meeting lawmakers. We met one congressman last week, are meeting one this friday and another next week and more as appointments get scheduled. I just want to share at this point that the initial reaction was very positive. They are very approachable, and very willing to listen. They understood the pain we are going through and noted the suggestions we made and the provisions that we want them to support.
I want to point out that although they were aware of the ongoing debate on immigration and the difference between H1B issues and GC issues, they dont fully understand the GC process and how long and how much we suffer in the process. Once they realize this, they look at it differently. The only way they will know is if we go and talk to them !!
I request and urge everyone to take 2 mins out of their busy schedules and just call their congressmen/senators. Help the core team out. They cannot do everything themselves. IV has all the material ready on the website. All you have to do is spend 30 mins talking to the representatives about it. I am speaking from personal experience. IT GOES A LONG WAY !!
Once we have met a couple more lawmakers, I'll put a detailed post about the takeaways.
PS: This post pertains to seattle area congressmen. I'll post a contact list of lawmakers in the northwest region. I noticed that someone from portland als posted here.
Folks,
As part of the WA state chapter, we have started meeting lawmakers. We met one congressman last week, are meeting one this friday and another next week and more as appointments get scheduled. I just want to share at this point that the initial reaction was very positive. They are very approachable, and very willing to listen. They understood the pain we are going through and noted the suggestions we made and the provisions that we want them to support.
I want to point out that although they were aware of the ongoing debate on immigration and the difference between H1B issues and GC issues, they dont fully understand the GC process and how long and how much we suffer in the process. Once they realize this, they look at it differently. The only way they will know is if we go and talk to them !!
I request and urge everyone to take 2 mins out of their busy schedules and just call their congressmen/senators. Help the core team out. They cannot do everything themselves. IV has all the material ready on the website. All you have to do is spend 30 mins talking to the representatives about it. I am speaking from personal experience. IT GOES A LONG WAY !!
Once we have met a couple more lawmakers, I'll put a detailed post about the takeaways.
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