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  • meridiani.planum
    04-21 05:09 PM
    Hi,

    I am working in US on L1 and my company would start my green card filling in next few months.

    I also have valid H1B pettion stamped and can switch to H1B which would mean that I can work freely here at US.

    But many of my friends told me that green card processing is faster on L1.

    I am not able to make decision whether I should continue working on L1 or change my status to H1 to get better hike and more opportunity.

    Pls can anyone tell me which would be wise choice. Is green card processing for L1 visa is faster?

    Thanks in advance.

    ~Greeta

    GC in L1 is not faster than H1. Its just that L1-As are typically multinational managers who qualify for EB1, and H1s typically are engineers/worker-bees who qualify for the longer EB2/EB3 Process. So first find out what your category is going to be, EB1 or one of the other two.
    If you qualify for EB1, your GC process will be fast (~6 months), if its EB2 or EB3, hunker down for a long (5?10 years?) wait. This is irrespective of whether you are in L1 Or H1.

    advantages of H1
    - can be extended indefinately past 6 years in 1-3 year increments; once you have a GC going (LC >365 days old or I-140 approved).
    - can change employers in the US.

    advantages of L1
    - if your spouse is on L2, he/she can get an EAD and work.

    so main issues with your current status of L1:
    - If you have not filed your 485 within your L1 time, you need to change status to something else or return to home country. You cant get the extensions that you can get with H1.
    - if you lose your job, if you already had an H1 In the past you can move to that status, otherwise you need to go to home country and then get lucky in next years lottery.
    - there are no salary restrictions, so the employer can potentially legally underpay you. With H1 you must atleast be paid the prevailing wage.

    So unless you have a spouse that is currently on an L2-EAD, I would think moving to H1 makes more sense. (time in L1 counts agianst your time for H1 and vice-versa)




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  • Desertfox
    11-09 05:33 PM
    Is it possible to change this thread title to "Indian doctors win legal battle in UK"??




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  • BharatPremi
    03-17 02:35 PM
    You cant just divide 500000 by 3. The numbers are not same for all categories.

    Eb1-3 all are granted 28% and I am assuming there as equal number of applications in each category though it would not be the case in reality but I was just giving a crude math example.This 500000 load was from EB1/2/3 only.In reality it is more scary for EB2/3 India particular last july filing as most filings should have been from EB2/3- China and India considering the H1 arrivals from these 2 countries during the year 2003-7. And yet in that example I did not mirror USCIS's limits such as 7%, load from previous filing which is not yet clear. Bottom line EB2 with 2004 PD will have to see a long road before becoming current.




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  • fenrir
    07-09 06:34 PM
    Yes! The 'does not adhere to guidelines' one is coolness.



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  • buehler
    11-20 11:25 AM
    Hmm interesting - I can smell CIR coffee brewing.

    EB folks - brace for a bumpy ride

    Secretaries are from the Executive Branch and are responsible for the execution of the laws and are not directly responsible for the creation of the laws. So we could expect Memos that are more favorable to us but I wouldn't hold my breath over CIR yet.




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  • msp1976
    01-31 06:03 AM
    If one transfers H1 after I140 approval, employers should have no reason to withdraw the I140. Unless ofcourse for revenge :)

    Right now, a lot of big companies withdraw I140 and reuse the labor for another applicant. With the new law in place, employers have no motivation to withdraw the I140.

    Yeah..
    In fact the act of withdrawing also costs money which many employers would not be willing to pay...
    Good one....Never thought of it this way...



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  • GCaspirations
    10-02 12:08 PM
    My wife has a non-working SSN. Will she need to convert it (or apply for a new SSN) to working SSN once she starts working persuant to EAD?

    You do not have to apply for new SSN but do the following taken from SSA website:

    If your work eligibility has changed or if have become a U.S. citizen, you must apply for a replacement card. Your replacement card will no longer read “Not Valid for Employment,” but you will retain the same Social Security number.

    To get a replacement card:

    Complete an Application For A Social Security Card (Form SS-5); and
    Show us documents proving your:
    Immigration status;
    Work eligibility; and
    Identity.
    Take (or mail) your completed application and documents to your local Social Security office.
    All documents must be either originals or copies certified by the issuing agency. We cannot accept photocopies or notarized copies of documents.

    We will mail your number and card as soon as we have all of your information and have verified your documents.
    For details about the type of evidence you must provide, see Social Security Numbers For Noncitizens (Publication No. 05-10096) or Documents You Need for a Social Security Card.




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  • pappu
    11-06 10:13 AM
    I see that for EB2 the PD is 01 APR 2004 now. I want to know if I-485 approvals is linked to this PD date or they will work independent to these days.



    Thanks,
    Sury

    -------------------------------
    PD : Feb'07
    I-140 - Pending
    I-131 - Approved
    I-485 - Pending
    Center: TEXAS SERVICE CENTER

    Recieved EAD Card and FP done.
    -------------------------------

    with a PD of Feb'07, be prepared for a several years of wait time. Unless any law passes.
    However there is a silver lining:
    You should thank IV members whose hard work enabled the I485 filing for everyone. Even people with PD of 2007, could file their AOS. You can enjoy your EAD and its benefits.



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  • indianabacklog
    02-24 12:57 PM
    it was for visa stamping

    Visa stamping is not necessary to remain in the US so wondering why a CPA would consider this a necessary work expense.




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  • pappu
    05-11 11:49 AM
    This is a suggestion for members using AILA tool. While we appreciate AILA for creating these useful tools, IV is not part of this AILA campaign.

    If you want to use the AILA tool. Use your own letter and not AILA letter. Make sure not to use words like 'H1B' and 'illegal/undocumented' in the letter. Lawmaker offices will look at it and will not even care to read it fully. They will assume it is for H1B increase or about illegal immigration. Sometimes you will get an automated reply that has nothing to do with your issues you raised in your letter.

    There are some good letter templates in http://immigrationvoice.org/forum/showthread.php?t=3999
    and some of them do not use H1B word at all. They are totally focussed on 'Green card'. You can choose to use any one of them. As we see the progress on CIR IV will have its own webfax and call the lawmakers campaign.



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  • bergotti
    08-23 05:27 PM
    Is this category seen as one or is it split into many countries and if so how do you find out about a particular country within ROW?

    Thanks




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  • malibuguy007
    09-16 01:38 PM
    House Judiciary Committee MembersBelow or go to the thread mentioned above


    Elton Gallegly (R-Calif.)202- 225-5811
    Darrell Issa (R-Calif.)202- 225-3906 (NOT IN FAVOR)
    Dan Lungren (R-Calif.)202- 225-5716
    Brad Sherman (D-Calif.) 202-225-5911
    Adam B. Schiff (D-Calif.)202- 225-4176
    Rick Boucher (D-Va.) 202-225-3861
    Robert C. Scott (D-Va.) (202) 225-8351
    Bob Goodlatte (R-Va.)202- 225-5431
    J. Randy Forbes (R-Va.)202- 225-6365
    Tom Feeney (R-Fla.) 202-225-2706
    Ric Keller (R-Fla.)202- 225-2176
    Louie Gohmert (R-Texas) 202-225-3035
    Lamar S. Smith (R-Texas), Ranking Member 202- 225-6906/ 202- 225-4236 (NOT IN FAVOR)
    Jim Jordan (R-Ohio) 202-225-2676
    Betty Sutton (D-Ohio) 202-225-3401
    Chris Cannon (R-Utah)202- 225-7751
    Steve Chabot (R-Ohio) 202-225-2216
    Howard Coble (R-N.C.) 202-225-3065
    Steve Cohen (D-Tenn.)202- 225-3265
    John Conyers (D-Mich.), Chairman 202-225-5126
    William D. Delahunt (D-Mass.)202- 225-3111
    Keith Ellison (D-Minn.) 202-225-4755
    Trent Franks (R-Ariz.)202- 225-4576
    Luis Gutierrez (D-Ill.)202- 225-8203
    Steve King (R-Iowa)202- 225-4426 (NOT IN FAVOR)
    Mike Pence (R-Ind.) 202-225-3021
    Howard L. Berman (D-Calif.) 202-225-4695
    Debbie Wasserman Schultz (D-Fla.) 202-225-7931 (IN FAVOR - Reported by IV member new_horizon)
    Tammy Baldwin (D-Wis.) 202- 225-2906 (IN FAVOR - Reported by IV members cnag & Prashant)
    Maxine Waters (D-Calif.) 202-225-2201 (IN FAVOR - Reported by IV member little_willy)
    Anthony D. Weiner (D-N.Y.) 202-225-6616 (IN FAVOR - Reported by IV member punjabi77)
    Robert Wexler (D-Fla.) 202-225-3001 (IN FAVOR - Reported by IV member punjabi77)
    Hank Johnson (D-Ga.) 202-225-1605 (IN FAVOR - Reported by IV member punjabi77)
    Zoe Lofgren (D-Calif.)202- 225-3072 (ALREADY SPONSOR DO NOT CALL)
    Jim Sensenbrenner (R-Wis.) 202-225-5101 (ALREADY COSPONSOR DO NOT CALL)
    Linda Sanchez (D-Calif.) 202-225-6676 (ALREADY COSPONSOR DO NOT CALL)
    Jerrold Nadler (D-N.Y.) 202-225-5635 (ALREADY COSPONSOR DO NOT CALL)
    Artur Davis (D-Ala.) 202-225-2665 (ALREADY COSPONSOR DO NOT CALL)
    Sheila Jackson-Lee (D-Texas)202- 225-3816 (ALREADY COSPONSOR DO NOT CALL)
    Melvin L. Watt (D-N.C.)202- 225-1510 (ALREADY COSPONSOR DO NOT CALL)



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  • ujjvalkoul
    01-17 05:21 PM
    huh!!! no responses...Am I the only one with this issue????




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  • Tshelar
    01-02 02:11 PM
    The consulate usually do need more info if you work for Pharmaceucatical or Biotech company. I work for a Pharmaecutical company and when I had gone for my Visa interview they were very specific to ask me if my work deals in any kind of research in chemicals etc. Since I work in the IT department and has nothing to do with reasearch they did not ask for any more info.
    I think your wife should be fine if she furnishes the info that they need.



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  • sweet_jungle
    02-25 03:55 PM
    If somebody wants to enter IT field from a non-IT background, any list of suggestions of the certifications and courses to be taken? There are so many of them that it is hard to choose.




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  • fromnaija
    07-20 04:34 PM
    You will need to file an immigrant petition (Form I-130) for your child and wait for its approval. Your child will have to wait overseas until his/her priority is current. Thereafter, there will be some form of consular processing and the child will obtain an immigrant visa. Thereafter you can bring your child to the USA. It is a long process......

    Caveat: I am not an attorney. You may want to confirm this solution with your lawyer.

    I and my spouse both have green card. We have a kid who was born in INDIA. He has not visited USA till now. The kid is about 2 years.
    We are planning to bring the kid by end of this year to USA.
    So what visa should we apply for him we are not sure :confused:

    A friend told that he had a baby born to him in india and came to usa with in the 1st 6 month to USA and since both parents were having green card, at port of entry in USA, the kid also got greencard for 5 years this was couple of years back.

    But in my case, the kid is 2 years AND also not sure what is the procedure now. Is it still true by default the kids automatically gets the green card at port of entry (Is there any age limit I hope may be till < 13 yrs) if parents posses valid green card. Please help me in this situation.

    Thanks in advance, ;)



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  • Amy
    07-12 10:17 PM
    I have the copy of I-140 approval notice. If the old employer revokes I-140 after I leave, can I still carry over my PD? Is there any risk on this? Thanks!

    I-140 can not be ported. You need to start all over again at your new company with new PERM labor and new I-140.
    However, if you have a copy of old approved I-140, you can use that to port older priority date at the time of 485 filing.Companies usually don't give copies of I-140.




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  • bank_king2003
    04-21 12:28 PM
    I don't think constitution allows suing Congress because it has immunity. Based on the their approval ratings you would see thousands of lawsuits everyday if it was allows to sue congress.

    RealClearPolitics - Election Other - Congressional Job Approval (http://www.realclearpolitics.com/epolls/other/congressional_job_approval-903.html)

    In that case we would have to take a number in line to sue congress because it will be big line. In other words there will be backlog to sue Congress and that backlog would be bigger than the green card backlog. :)

    So it seems we cant do much against USCIS on the lawsuit besides making congress to act. why 'Politicians' are not good in any country ???

    Btw, even i am EB2 - i support porting as i have seen EB3 people working with me and they are no where less in skills .... i want to file a lawsuit so that we can bring some lazy asses to justice like USCIS.




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  • 53885
    08-02 04:00 AM
    Here is my prediction.
    With July Fiasco INS has learnt their lessons.
    They have potential to process and approve 40K cases in one month.

    Once all receipting is done by Sept 17th for all late Aug 17th filers, they will immediately start processing all oct 08 current cases.
    I think they might even issue again 40K cases in october ?
    Why not ?
    So it is important to quickly do the FP and after FP within 3 weeks the name check gets cleared.
    So anyone who does FP in Sept and who is current in oct , be ready to get your GC soon.
    I would say dont be surprised if it takes just one month to approve ?????


    Guys,

    Discussing this topic all day will not get you any closer to getting GC.

    Though this has been mentioned many times, I will say that the only thing in your hand right now is to take some ACTIONS.

    Make sure Congress members hear your voice.

    If you have not already check these threads out http://immigrationvoice.org/forum/showthread.php?t=11428

    http://immigrationvoice.org/forum/showthread.php?t=10747




    indianabacklog
    02-01 02:14 PM
    Please let me know whether my I-140 will be approved under EB3.I have 3 year bachelors degree(Maths) from India and 2yr diploma from Aptech. Your suggestions will be highly appreciated


    Column 14
    Education

    Grade School : 8 years
    High School : 4 years
    College : 4 years

    College Degree(Required) : Bachelor's Degree
    Major Fied of Study : Computer Science*

    Column 15

    Travel and/or relocation required

    *compluter Applications, Computer Information Systems, Electrical, Mechanical, Mathematcis, Physics or its foriegn Education Equivalent. Will accept any suitable combination of Education , training or expeirence in lieu of stated requirements.


    Do you have any relevant work experience that can boost this application. Three years relevant experience can be seen as the equivalent of one years education.




    seahawks
    06-26 02:39 PM
    While filing for my wife's G-325A form, her last name was filled in first name and first name as last name. We got our FP notice yesterday and thats when I went back and reviewed all the forms I filed. I was wondering if any of you know what can be done so that an honest mistake can be corrected?

    Any input appreciated. I understand it is for information purpose only and not many of us are attorneys, so no disclosure required :)



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