Karthikthiru
11-09 05:03 PM
Just completed
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chi_shark
03-11 11:06 AM
I worked for an employer in WY 2004 as a physician and since then i resigned and moved onto another job with a new labor and I-140. However last year at the time of July isa bulletin fiasco, I asked my employer from WY in 2004 to file for an I-140 based on the previous approved labor condition in 2004 to retain that priority date under EB -2.
Employer knows I have no intent of joining them after the green card and I have my own practice , so i donot intend to join the practice.
In this scenario, if this considered a misuse of retaining priority date and how do i prove the intent and will the USCIS allow a situation like this?
i think you need to have intent to work for the employer when filing 140... without intent, it is likely that this will be considered fraud. but all this comes up only if you are called for interview or if there are detailed rfe(s)... then, when you go for citizenship, this could come up again... but like someone else said, you are better off with a lawyer's opinion...
Employer knows I have no intent of joining them after the green card and I have my own practice , so i donot intend to join the practice.
In this scenario, if this considered a misuse of retaining priority date and how do i prove the intent and will the USCIS allow a situation like this?
i think you need to have intent to work for the employer when filing 140... without intent, it is likely that this will be considered fraud. but all this comes up only if you are called for interview or if there are detailed rfe(s)... then, when you go for citizenship, this could come up again... but like someone else said, you are better off with a lawyer's opinion...
mita
08-05 06:17 AM
My husband's I485 was approved yesterday but mine and my son's, no change.
I got the magic mail today ---Card production ordered!!! Just for me.
The status of my wife's I485 remains the same ---> Received and pending?
Any one in similar situation?
I got the magic mail today ---Card production ordered!!! Just for me.
The status of my wife's I485 remains the same ---> Received and pending?
Any one in similar situation?
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topgun_gc
07-12 11:05 AM
Vivek,
Can you please share more.? My company also deals with Littler Global, and have not heard such news as of now.
Our lawyer Company has decided to file the AOS application in July
I work for a big 5 Software company & our lawyer Littler Global had taken a stand on July that they will not file our AOS application after the June VB was revoked/amended on July 2nd.
Surprisingly , today we have received a mail from them that that keeping in view our best interest they have decided to file our AOS case in July regardless of CIS receipting them.
Wanted to share this information as it may be helpful for you folks too ...
Vivek
Can you please share more.? My company also deals with Littler Global, and have not heard such news as of now.
Our lawyer Company has decided to file the AOS application in July
I work for a big 5 Software company & our lawyer Littler Global had taken a stand on July that they will not file our AOS application after the June VB was revoked/amended on July 2nd.
Surprisingly , today we have received a mail from them that that keeping in view our best interest they have decided to file our AOS case in July regardless of CIS receipting them.
Wanted to share this information as it may be helpful for you folks too ...
Vivek
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abhijitp
01-26 09:32 PM
^^
sundarpn
08-03 06:45 PM
Is the below in bold which mambarg has mentioned true?
I thought once an I-140 is approved, one carries that priority date for life.... (even if the 140 is revoked). At any point if he files another 140, the priority date can be ported.
its news to me that 485+180 day rule applied to mere porting of priority date too?
Question 11. When is an I-140 no longer valid for porting purposes?
Answer: An I-140 is no longer valid for porting purposes when:
A. an I-140 is withdrawn before the alien�s I-485 has been pending 180 days, or
B. an I-140 is denied or revoked at any time except when it is revoked based on a withdrawal that was submitted after an I-485 has been pending for 180 days.
I thought once an I-140 is approved, one carries that priority date for life.... (even if the 140 is revoked). At any point if he files another 140, the priority date can be ported.
its news to me that 485+180 day rule applied to mere porting of priority date too?
Question 11. When is an I-140 no longer valid for porting purposes?
Answer: An I-140 is no longer valid for porting purposes when:
A. an I-140 is withdrawn before the alien�s I-485 has been pending 180 days, or
B. an I-140 is denied or revoked at any time except when it is revoked based on a withdrawal that was submitted after an I-485 has been pending for 180 days.
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Dakota Newfie
03-27 09:18 AM
My immigration attorney said it was OK for my wife to "volunteer" as long as the work was "volunteer", i.e. something a US citizen could "volunteer" to do.
She volunteered to work at a local library and it was a good diversion until they set a schedule for her and removed a job posting in the same library - then it became both a question of her being exploited and taking a job away from a US citizen, so she had to give it up. So, the lessen is, if it is truly volunteer work, then your spouse should be able to set his/her own schedule; if the schedule is set for him/her, then it becomes a problem.
She volunteered to work at a local library and it was a good diversion until they set a schedule for her and removed a job posting in the same library - then it became both a question of her being exploited and taking a job away from a US citizen, so she had to give it up. So, the lessen is, if it is truly volunteer work, then your spouse should be able to set his/her own schedule; if the schedule is set for him/her, then it becomes a problem.
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eb3_nepa
04-17 04:32 PM
Not sure if this is for us legal immigrants or against us. It says "hardworking americans". We are not americans yet. It could well mean that join the fight AGAINST H1Bs..
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quizzer
11-08 05:26 PM
EB-2, NSC, PD 10/30/07. Only LUD on 11/22/06, since then nothing
Romesh,
Any updates?
Thanks
Romesh,
Any updates?
Thanks
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sabudanawada
02-27 03:20 PM
once EB3 Row gets current, some relief can be expected for the retrogressed countires where unused visas can be assigned...
before 2007, lot of labor substitution cases are in picture, also people with multiple LC's too...
the actual no. will be smaller...it just depends on how proactively they will manage to capture the unused numbers etc..that will matter the most.
About 25,000 PERM labors were approved in 2007 for Indian nationals. Assuming a 2.5:1 ratio of 'GC filed:Labor approved', implies that each year 62,500 GC are demanded by Indians under EB. Since only 10,000 are available (across all EB classes), this implies each year a backlog of 50,000 cases is created for Indians.
Since PD are essentially retrogressed from Nov. 2005, we can assume that since then another 100,000 Indians have joined the GC backlog. It can also be assumed that between 2001 and Nov. 2005 there must be another (atleast) 50,000 waiting for GC.
Assuming these numbers are correct, a person filing for labor today is looking to wait for atleast 15 years before getting a GC (150,000/10,000).
As for those wth PD prior to Nov. 2005 - well..... probably anywhere between 1 to 5 years .....
Comments on the analysis.........?
before 2007, lot of labor substitution cases are in picture, also people with multiple LC's too...
the actual no. will be smaller...it just depends on how proactively they will manage to capture the unused numbers etc..that will matter the most.
About 25,000 PERM labors were approved in 2007 for Indian nationals. Assuming a 2.5:1 ratio of 'GC filed:Labor approved', implies that each year 62,500 GC are demanded by Indians under EB. Since only 10,000 are available (across all EB classes), this implies each year a backlog of 50,000 cases is created for Indians.
Since PD are essentially retrogressed from Nov. 2005, we can assume that since then another 100,000 Indians have joined the GC backlog. It can also be assumed that between 2001 and Nov. 2005 there must be another (atleast) 50,000 waiting for GC.
Assuming these numbers are correct, a person filing for labor today is looking to wait for atleast 15 years before getting a GC (150,000/10,000).
As for those wth PD prior to Nov. 2005 - well..... probably anywhere between 1 to 5 years .....
Comments on the analysis.........?
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xbohdpukc
04-02 10:06 AM
You guys probably verified this already but -
if you read (the intended) Sec 218D (amendment to the INA) and Sec 602 of S.2454, they do not exclude legal aliens.
All that is required under 218D is that a person must have been in the US on or before Jan 7, 2004 and have proof of employment.
Why shouldn't a legal nonimmigrant visa holder apply for AOS under 218D?
What am I missing here?
you are missing the whole point: you should've been undocumented on or before Jan 7th 2004
if you read (the intended) Sec 218D (amendment to the INA) and Sec 602 of S.2454, they do not exclude legal aliens.
All that is required under 218D is that a person must have been in the US on or before Jan 7, 2004 and have proof of employment.
Why shouldn't a legal nonimmigrant visa holder apply for AOS under 218D?
What am I missing here?
you are missing the whole point: you should've been undocumented on or before Jan 7th 2004
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KVHTMBA
01-11 01:12 PM
Good to see this bill and it will be great if it is passed even with less than 60% allocation from the lottery program. I don’t think they would completely eliminate lottery program and the lottery program might have their own advocacies. As mentioned in this thread they might have the lottery program for many reasons. I am hoping for the bill to pass as it is :-)
Regarding satyasrd’s question I think section 2 . line #15 thru #19 in the bill (I copied the text below) helps who obtain the advanced degree in USA before 01/05/2011 (preceding the date of the petition) and obtain the degree within 5 years you should be good to go. Others please correct me if I am wrong.
15 ‘‘(ii)(I) obtained such degree within
16 the United States during the 5-year period
17 preceding the date on which the petition
18 filed under section 204(a)(1)(F) for
19 classification under this subparagraph is filed;
Regards,
KVHTMBA
Regarding satyasrd’s question I think section 2 . line #15 thru #19 in the bill (I copied the text below) helps who obtain the advanced degree in USA before 01/05/2011 (preceding the date of the petition) and obtain the degree within 5 years you should be good to go. Others please correct me if I am wrong.
15 ‘‘(ii)(I) obtained such degree within
16 the United States during the 5-year period
17 preceding the date on which the petition
18 filed under section 204(a)(1)(F) for
19 classification under this subparagraph is filed;
Regards,
KVHTMBA
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a1b2c3
02-05 10:12 PM
I'm also in the same boat. Cases after me are getting approved.:)
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hebron
08-16 01:47 PM
If the employer did not pay you salary that he agreed to pay then you could complain to DOL. You stand a sure chance to get paid if you bring this to DOL's notice. You can do this anonymously. DOL would also slap your employer with a fine and he would be banned from hiring H1-B workers for few years.
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trueguy
12-11 01:43 AM
In a testimony to the House Judiciary Committee back in Apr/May 08, the USCIS clearly stated that it had changed its policy regarding which applications would be adjudicated first.
As I remember, USCIS stated that it was now following a policy where cases that had a possibility of getting a visa number in the near future were adjudicated first. It said that this change in policy was made in order to reduce waste of immigrant visas.
The problem with this approach is that:
- It is not FIFO
- EB2-I/C and EB3 not only continue to remain retrogressed, but retrogression worsens.
Here is how:
Since EB2-I/EB3-I categories are already retrogressed, the I-485 applications in this category will be shelved until it appears that a visa number may become available in the foreseeable future.
So, USCIS puts most of these cases in cold storage while it adjudicates and approves the EB2ROW applications as it receives them on a continuous basis.
When time comes to roll over excess EB2 ROW numbers, two things happen:
- Already substantial use of EB2ROW numbers make few numbers available for roll over
- Limited adjudication of Eb2-I/C and EB3 cases make a very small pool of pre-adjudicated applications. USCIS requests DOS to move dates so that it has access to a larger pool for cherry picking.
The result is that VB dates move forward by leaps and bounds and cases are approved haphazardly with PDs all over the map. When the excess numbers are used up, the dates for EB2-I/C and EB3 retrogress back to previous cutoff dates because there are still a lot of old cases that have not even been brought out of cold storage. The EB2ROW dates are again current because USCIS has adjudicated and approved EB2ROW cases throughout the year- so no backlog there.
If USCIS followed FIFO, then the following would happen:
- USCIS would be adjudicating old EB2I/C and EB3 cases right now, and not the recently received EB2ROW cases.
- This would reduce the number of pre-adjudicated EB2ROW cases and hence lower the demand in the EB2ROW category.
- When time would come to roll over numbers not used by EB2ROW:
- A large pool number of excess visas would be available
- A large pool of pre-adjudicated EB2-I/C and EB3 cases with old PDs would be available that could be readily assigned visa numbers.
As a result, old cases would be assigned visa numbers and backlog would be reduced.
Unfortunately, USCIS has confused its process of adjudicating cases (which is FIFO) with its effort to enforce the country quota. The country limits come into picture only when cases ready for adjudication are to be assigned visa numbers. The process of adjudication should still be FIFO, and not determined by the country quota.
Very good points. I can't agree with you any more.
The question is how do we raise it as an issue so USCIS follow FIFO.
As I remember, USCIS stated that it was now following a policy where cases that had a possibility of getting a visa number in the near future were adjudicated first. It said that this change in policy was made in order to reduce waste of immigrant visas.
The problem with this approach is that:
- It is not FIFO
- EB2-I/C and EB3 not only continue to remain retrogressed, but retrogression worsens.
Here is how:
Since EB2-I/EB3-I categories are already retrogressed, the I-485 applications in this category will be shelved until it appears that a visa number may become available in the foreseeable future.
So, USCIS puts most of these cases in cold storage while it adjudicates and approves the EB2ROW applications as it receives them on a continuous basis.
When time comes to roll over excess EB2 ROW numbers, two things happen:
- Already substantial use of EB2ROW numbers make few numbers available for roll over
- Limited adjudication of Eb2-I/C and EB3 cases make a very small pool of pre-adjudicated applications. USCIS requests DOS to move dates so that it has access to a larger pool for cherry picking.
The result is that VB dates move forward by leaps and bounds and cases are approved haphazardly with PDs all over the map. When the excess numbers are used up, the dates for EB2-I/C and EB3 retrogress back to previous cutoff dates because there are still a lot of old cases that have not even been brought out of cold storage. The EB2ROW dates are again current because USCIS has adjudicated and approved EB2ROW cases throughout the year- so no backlog there.
If USCIS followed FIFO, then the following would happen:
- USCIS would be adjudicating old EB2I/C and EB3 cases right now, and not the recently received EB2ROW cases.
- This would reduce the number of pre-adjudicated EB2ROW cases and hence lower the demand in the EB2ROW category.
- When time would come to roll over numbers not used by EB2ROW:
- A large pool number of excess visas would be available
- A large pool of pre-adjudicated EB2-I/C and EB3 cases with old PDs would be available that could be readily assigned visa numbers.
As a result, old cases would be assigned visa numbers and backlog would be reduced.
Unfortunately, USCIS has confused its process of adjudicating cases (which is FIFO) with its effort to enforce the country quota. The country limits come into picture only when cases ready for adjudication are to be assigned visa numbers. The process of adjudication should still be FIFO, and not determined by the country quota.
Very good points. I can't agree with you any more.
The question is how do we raise it as an issue so USCIS follow FIFO.
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alterego
10-19 08:15 PM
Buy only if you have a time horizon of over 5 yrs now. Preferably 10 yrs.
If you are in the enviable position of having a lot of cash or a big income ie cash flow. Then buy in steps every few months over the next 12-18 months, depending on when you see the recovery coming. Generally stocks predate the economy by 6 months and vice versa.
Here is my guess. This recession will be deeper and longer than other recent ones. I'm thinking recovery by 2010 at best here. So, I'm guessing the stocks markets will languish here or hereabouts for atleast a few months. If the credit markets improve, you might see a relief rally of 20% or so, but when the economic reality of deleveraging sets in, a pull back is likely. So much of 2009 will likely be ripe with long term investment opportunities.
The recovery will be more anemic than previous credit driven expansions as credit will almost certainly be more difficult to obtain going forward. So forget the days of 20 plus percent stocks gains, if you're making 10% you are making a killing going forward. If doubling or slightly better for your money in 10 yrs sounds like a good deal to you, that is the kind of deal you can probably expect and should go ahead and invest. If you feel you can do better elsewhere, buy that. We will see virtually no home price appreciation for the next 5 yrs, and perhaps a little longer. The concept of real estate as an investment is now out of vogue and will be so for some time, that along with tougher credit, and an inventory overhang will flatten any price appreciation anytime soon.
Taxes will almost certainly go up in some way or the other and future earnings power will probably erode in the coming decade. From the immigrant community perspective the best we can hope for is that the US decides to use the tax code to encourage savings by switching to a consumption tax and encourage savings and investments. It remains to be seen what approach they will take to taxes. In my view to purely tax the rich will not be as successful (though it will almost certainly be part of the mix of measures) as a more comprehensive and thoughtful overhaul.
Good luck!
If you are in the enviable position of having a lot of cash or a big income ie cash flow. Then buy in steps every few months over the next 12-18 months, depending on when you see the recovery coming. Generally stocks predate the economy by 6 months and vice versa.
Here is my guess. This recession will be deeper and longer than other recent ones. I'm thinking recovery by 2010 at best here. So, I'm guessing the stocks markets will languish here or hereabouts for atleast a few months. If the credit markets improve, you might see a relief rally of 20% or so, but when the economic reality of deleveraging sets in, a pull back is likely. So much of 2009 will likely be ripe with long term investment opportunities.
The recovery will be more anemic than previous credit driven expansions as credit will almost certainly be more difficult to obtain going forward. So forget the days of 20 plus percent stocks gains, if you're making 10% you are making a killing going forward. If doubling or slightly better for your money in 10 yrs sounds like a good deal to you, that is the kind of deal you can probably expect and should go ahead and invest. If you feel you can do better elsewhere, buy that. We will see virtually no home price appreciation for the next 5 yrs, and perhaps a little longer. The concept of real estate as an investment is now out of vogue and will be so for some time, that along with tougher credit, and an inventory overhang will flatten any price appreciation anytime soon.
Taxes will almost certainly go up in some way or the other and future earnings power will probably erode in the coming decade. From the immigrant community perspective the best we can hope for is that the US decides to use the tax code to encourage savings by switching to a consumption tax and encourage savings and investments. It remains to be seen what approach they will take to taxes. In my view to purely tax the rich will not be as successful (though it will almost certainly be part of the mix of measures) as a more comprehensive and thoughtful overhaul.
Good luck!
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richasamuel@yahoo.com
08-29 10:51 PM
Hi frnds,
I used to work for a company A in california.. Boss is kind of using very bad language constantly and torchers almost everyday. Is there any1 who can help me out or has similar situations. Is there any1 that i can file a complain. Since he knew that I am on H1B and international student he was continuously abusing. any help would appreciated.
Tanx.
Keep one thing in mind every decision in life has its own pro's and con's.First of all with all self respect for yourself change your job.H1b itself is legalised slavery or human trafficking whatever you call it.unfortunately whether your employer tortures you or not every employer irrespective of whether you are a H1b or a Green card or a citizen will exploit you to the fullest, no matter what, that's the irony.
I used to work for a company A in california.. Boss is kind of using very bad language constantly and torchers almost everyday. Is there any1 who can help me out or has similar situations. Is there any1 that i can file a complain. Since he knew that I am on H1B and international student he was continuously abusing. any help would appreciated.
Tanx.
Keep one thing in mind every decision in life has its own pro's and con's.First of all with all self respect for yourself change your job.H1b itself is legalised slavery or human trafficking whatever you call it.unfortunately whether your employer tortures you or not every employer irrespective of whether you are a H1b or a Green card or a citizen will exploit you to the fullest, no matter what, that's the irony.
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techskill
08-14 02:48 PM
How did you come up with $745? I-485 application fees were $325 + $70 fee for biometrics. That makes it $395 per application or $790 for two applications. Maybe your lawyer gave you incorrect advice about the fees??
$325 + $70 + $180 (EAD) + $170(AP)=$745
$325 + $70 + $180 (EAD) + $170(AP)=$745
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luckysiri
02-18 07:32 PM
One of my close friend and her husband both had Greencard. She delivered baby in India in 2002. They were not able to get their son to US. They tried visitors visa for the baby but the consulate rejected the visa. The baby is still in India with his grandparents. They filed for his greencard (family based). They are counting days to get their son to US. He is already 6 years old. It is very tough for the parents and kid. I am not sure about the other options that people has mentioned. But I see my friend family directly who are facing this problem. I don't think it is a good idea.
iv_only_hope
02-17 11:00 PM
What abt the other categories which seem to be current 4th 5th religious workers etc. Where will their visas go if they stay current?
raamskl
07-20 09:57 PM
I sent in form G-325 for both me and my wife along with my I-485 instead of the G-325A as required on I-485 instructions by oversight. What do you guys recommend I do? Should I send in a new application or just send in the G-325A form with a letter stating the issue? Please help.
browsing through this link
http://www.ilw.com/seminars/august2002_citation2b.pdf
it seems they do use all the 4 pages of G325A (Check out section 3). But page 10 also mentions that if only one copy G28 is present, then the manual instructs the contractor to make a copy. Well, they might be able to make copies, but that is just a guess. And if you skim through this pdf it talks about various mistakes that the applicants might make and on how the contractor (guy handling the application) should work around it. So they seem pretty forgiving.
My advice is to call USCIS and inquire about it, sometimes they are very helpful.
Cheers.
browsing through this link
http://www.ilw.com/seminars/august2002_citation2b.pdf
it seems they do use all the 4 pages of G325A (Check out section 3). But page 10 also mentions that if only one copy G28 is present, then the manual instructs the contractor to make a copy. Well, they might be able to make copies, but that is just a guess. And if you skim through this pdf it talks about various mistakes that the applicants might make and on how the contractor (guy handling the application) should work around it. So they seem pretty forgiving.
My advice is to call USCIS and inquire about it, sometimes they are very helpful.
Cheers.
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