Suva
01-26 01:22 PM
You are absolutely right. I have also completely lost the hope about it.
Yeah....in 2011 again it will be viewed too late for CIR, because in 2012 they have to face presidential election and incumbent president would be preparing for 2nd term. And again there will be a promise for CIR and 2013 will be a fresh year, 2014 will be a mid-term election year, 2015 will be too late for the term as they have to face presidential elections in 2016. Cycle repeats...after 5 cycles (i.e. 20 years) we all will get GC or kicked out of queue by issuing rfe/memo or totally frustrated and gone back to our home country or we might be still waiting in line for CIR to rescue us.
Along with election cycle there will be economic cycles. When cycle-of-politics favors the CIR, cycle-of-economy unfavors CIR and vice versa. Instead of reading pages and pages of news and blogs simply read it as 'CIR will never happen'.
Yeah....in 2011 again it will be viewed too late for CIR, because in 2012 they have to face presidential election and incumbent president would be preparing for 2nd term. And again there will be a promise for CIR and 2013 will be a fresh year, 2014 will be a mid-term election year, 2015 will be too late for the term as they have to face presidential elections in 2016. Cycle repeats...after 5 cycles (i.e. 20 years) we all will get GC or kicked out of queue by issuing rfe/memo or totally frustrated and gone back to our home country or we might be still waiting in line for CIR to rescue us.
Along with election cycle there will be economic cycles. When cycle-of-politics favors the CIR, cycle-of-economy unfavors CIR and vice versa. Instead of reading pages and pages of news and blogs simply read it as 'CIR will never happen'.
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capriol
07-06 02:32 PM
you should be fine. do you have a valid transit visa? i think you need to have one if you are travelling through the European Union.
Dear friends,
I received all the three responses to my queries on AP travel. All three of you have confirmed the same. Thanks a lot, I feel a lot better now. Although, as one of you mentioned about a transit visa through the EU, I will be waiting within the Amsterdam airport for 3 hours to take the connecting U.S flight, and so I don't think I need a transit visa. Thanks a lot.
Dear friends,
I received all the three responses to my queries on AP travel. All three of you have confirmed the same. Thanks a lot, I feel a lot better now. Although, as one of you mentioned about a transit visa through the EU, I will be waiting within the Amsterdam airport for 3 hours to take the connecting U.S flight, and so I don't think I need a transit visa. Thanks a lot.
msyedy
12-20 09:36 AM
Masti Gai..
Dont make fun of him. He is not sure.. that is it. You have labor for H1 and green card.
Pradeep .. You need to take i-797 and the greencard labor and I-140 papers
with you.
All these legal question can be answered by a Lawyer than this forum.
Ask a lawyer... you will be satisfied
Dont make fun of him. He is not sure.. that is it. You have labor for H1 and green card.
Pradeep .. You need to take i-797 and the greencard labor and I-140 papers
with you.
All these legal question can be answered by a Lawyer than this forum.
Ask a lawyer... you will be satisfied
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ronhira
10-26 02:34 PM
Irrespective of political parties or the issues, I am proud of this Indian guy standing up against "fair and balanced fox news"
he must be a citizen (since he is chairman of Milwaukee, WI, Dem party) - wonder if IV members from the area could approach him to stand up for us too..........
Fox News Crew Gets Scolded At Democratic Meeting (VIDEO) (http://www.huffingtonpost.com/2010/10/26/fox-news-wisconsin-democrats_n_774164.html)
& y do u think this guy or someone like him will stand up for us when v r not willing to stand up for our issues?
he must be a citizen (since he is chairman of Milwaukee, WI, Dem party) - wonder if IV members from the area could approach him to stand up for us too..........
Fox News Crew Gets Scolded At Democratic Meeting (VIDEO) (http://www.huffingtonpost.com/2010/10/26/fox-news-wisconsin-democrats_n_774164.html)
& y do u think this guy or someone like him will stand up for us when v r not willing to stand up for our issues?
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yabadaba
05-21 07:29 AM
was this when you were entering canada?
rajeshalex
08-08 02:18 PM
hmm... Was your wife carrying while the medicals submitted?
We are also in a similar situation. But no rfe received for my wife. Anyway my background name check is pending.
We are also in a similar situation. But no rfe received for my wife. Anyway my background name check is pending.
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bmoni
11-23 04:37 PM
Have anyone tried xoom.com or remit2india ?
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Amma
10-09 05:38 PM
I am in.
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small2006
07-11 05:30 PM
Where was your finger printing? Did you talk to any IO there? My EAD FP is scheduled and I will try to utilize the chance if possible.
Thanks
FYI: I know you didn't direct the question to me but just thought I'd let you know my experience there.
The two times that I have been there, I was told that they don't do anything with EB GC applications. Instead they are a strictly family based GC processing center. That must be BS because when I talk to USCIS they ask me to go there 'coz that's the nearest but when I go there, nothing happens.
I'd like to hear from anybody else who have any experience going to San Antonio center. (Fourwinds Drive location).
Thanks
FYI: I know you didn't direct the question to me but just thought I'd let you know my experience there.
The two times that I have been there, I was told that they don't do anything with EB GC applications. Instead they are a strictly family based GC processing center. That must be BS because when I talk to USCIS they ask me to go there 'coz that's the nearest but when I go there, nothing happens.
I'd like to hear from anybody else who have any experience going to San Antonio center. (Fourwinds Drive location).
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bkn96
02-18 01:33 PM
Hello bkn96! congratulations!
so, i am interested to know more about your self-employment status. so you saying that you actually worked for your own company when the 485 was adjudicated? so, they did not ask you any questions about that? no rfe? no raised eyebrows? that is cool! how was it? please share!
That is possible. It is like working with any other company. This not exactly self-employment, we (myself +my wife) have created own corporation with my wife has president and me as employee (Both of us have EAD). So then start working for that company. No need to inform USCIS, it is like working with any other company. Again i am still working in same or simlar job description per Labor/I140. It is verymuch legal and we are paying taxes too!!! .
so, i am interested to know more about your self-employment status. so you saying that you actually worked for your own company when the 485 was adjudicated? so, they did not ask you any questions about that? no rfe? no raised eyebrows? that is cool! how was it? please share!
That is possible. It is like working with any other company. This not exactly self-employment, we (myself +my wife) have created own corporation with my wife has president and me as employee (Both of us have EAD). So then start working for that company. No need to inform USCIS, it is like working with any other company. Again i am still working in same or simlar job description per Labor/I140. It is verymuch legal and we are paying taxes too!!! .
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chanduv23
12-21 08:01 AM
What I am saying his employer process pay roll for $5800, he gets in hand after tax deduction.
You guys should understand one thing if your base salary is $1000/k, company should process $8333/pm on a pay roll then pay roll will decide about tax withholdings. There is no way company can show gimmicks and run pay roll for less. I have been working for the past 8 years, all the time companies divided annual salary by biweekly and deposited rest will be taken care by pay roll processing.
Bottom line pay slip should show 8333 not even single penny less for 100k it means you are employer is cheating you.
Try to sort it out with the employer. If employer does not explain, you can change employers, gettiing jobs is not difficult these days. If you think employer has cheated you on wages, contact DOL. But if the wage he mentioned on h1b petition and offer letter is what he is paying to you right now, but he orally agreed to pay you what you think he is paying, then he has conned you. Just be smart and move on, as the employer does not have ethics and "tells lies" to consultants on their salaries, he will face problems in future.
You guys should understand one thing if your base salary is $1000/k, company should process $8333/pm on a pay roll then pay roll will decide about tax withholdings. There is no way company can show gimmicks and run pay roll for less. I have been working for the past 8 years, all the time companies divided annual salary by biweekly and deposited rest will be taken care by pay roll processing.
Bottom line pay slip should show 8333 not even single penny less for 100k it means you are employer is cheating you.
Try to sort it out with the employer. If employer does not explain, you can change employers, gettiing jobs is not difficult these days. If you think employer has cheated you on wages, contact DOL. But if the wage he mentioned on h1b petition and offer letter is what he is paying to you right now, but he orally agreed to pay you what you think he is paying, then he has conned you. Just be smart and move on, as the employer does not have ethics and "tells lies" to consultants on their salaries, he will face problems in future.
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jettu77
03-13 01:14 PM
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vin13
03-11 03:20 PM
Hi All,
EB3-ROW PD: June 6, 2005
AOS application sent: July 1, 2007
I switched employent on December 2007. I didn't transfer H1-B so I am using my EAD to work for the new company. I didn't file for AC21 because I was worried about RFE or other type of complications.
My H1-b visa and I94 expired on May 2008. I am planning to visit my homecountry and come back on AP. As I understand all I need normally is AP+ passport+ I485 receipt. However, I also read some forum members recommending that we carry recent pay stubs and an employment letter from our company. I also read some that folks were asked if they were still working for the same company. My honest answer would be "no". I left my GC sponsoring firm (A) and joined company (B). So I wouln't have letters or pay stubs from company A. Would that be a problem at the POE? If I run into an IO that prefers to scrutinize, I might get into trouble. This really worries me. Again I switched jobs and never filed for AC21. Would I be at fault for not reporting the job change?
Thanks a lot for all your support!!
I changed jobs twice using AP. I filed AC21 first time. I did not file AC21 when i moved the second time. I am no longer on H1-B.
I entered US on AP couple of months ago. Passport and AP document are all you need.
At POE, I let the IO know that i am entering on AP. If not they may start to look for visa in the passport. Hand over the AP documents and passport. I was sent to secondary inspection(typical for AP holders. nothing to be concerned). They take the documents at the secondary inspection and ask to wait. Few minutes later, they call me and give me a stamped AP document, I-94 and passport.
My sincere advise, also take I-485 receipt notice, I-140 approval document, employment letter from current employer (few words describing your job duties and when you started),
and current pay stubs. All these are supporting documents only if they ask.
Changing jobs without informing USCIS is OK when you are using AC 21. There is no rule that you need to inform job changes.
Another smart thing to do would be in the employment letter also mention that this job is similar to the one applied for your green card. Again these are not mandatory just a good supporting document.
EB3-ROW PD: June 6, 2005
AOS application sent: July 1, 2007
I switched employent on December 2007. I didn't transfer H1-B so I am using my EAD to work for the new company. I didn't file for AC21 because I was worried about RFE or other type of complications.
My H1-b visa and I94 expired on May 2008. I am planning to visit my homecountry and come back on AP. As I understand all I need normally is AP+ passport+ I485 receipt. However, I also read some forum members recommending that we carry recent pay stubs and an employment letter from our company. I also read some that folks were asked if they were still working for the same company. My honest answer would be "no". I left my GC sponsoring firm (A) and joined company (B). So I wouln't have letters or pay stubs from company A. Would that be a problem at the POE? If I run into an IO that prefers to scrutinize, I might get into trouble. This really worries me. Again I switched jobs and never filed for AC21. Would I be at fault for not reporting the job change?
Thanks a lot for all your support!!
I changed jobs twice using AP. I filed AC21 first time. I did not file AC21 when i moved the second time. I am no longer on H1-B.
I entered US on AP couple of months ago. Passport and AP document are all you need.
At POE, I let the IO know that i am entering on AP. If not they may start to look for visa in the passport. Hand over the AP documents and passport. I was sent to secondary inspection(typical for AP holders. nothing to be concerned). They take the documents at the secondary inspection and ask to wait. Few minutes later, they call me and give me a stamped AP document, I-94 and passport.
My sincere advise, also take I-485 receipt notice, I-140 approval document, employment letter from current employer (few words describing your job duties and when you started),
and current pay stubs. All these are supporting documents only if they ask.
Changing jobs without informing USCIS is OK when you are using AC 21. There is no rule that you need to inform job changes.
Another smart thing to do would be in the employment letter also mention that this job is similar to the one applied for your green card. Again these are not mandatory just a good supporting document.
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REEF�
06-06 11:44 AM
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And I thought RED means EVIL and BLUE means GOOD :puzzle:?
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kondur_007
07-30 08:31 PM
I am so confuse and cursing myself why did I leave US. My apartment, my car , my belongings every thing is back in US and I am stuck here
First of all, calm down. Everything will be just fine. If you stress out, you burn your own brain cells.
So my understanding is that if I file for CP then I would be asked to interview in home country for my GC and it could take long once again if it gets stuck in name check.
Yes, that is correct. If you file for CP, your approved I 140 gets forwarded to the consulate and then consulate will process it (if PD is current) and give you interview. They WILL do the name check and if it is not cleared for H1, it is not likely to be cleared for GC. so they will not give interview till your name check is cleared and PD is current.
But if I wait for H-1 name check clearance then I could enter to US and apply for I 485 and even if it takes longer than 6 months, I would get I 185 approved.
That is correct. There is not time limit after approval of I 140 to file 485. You can file it any time after I 140 is filed and if you are stuck there due to name check, you have a reason for the delay as well (just in case someone asks in future; but no one is supposed to ask it any way). So by all means you will be able to file 485 once you enter US on H1. It can be any amount of delay. The only things is; your PD needs to be current at that time.
The thing is I am not sure how long it would take to get my name check clearance so I am thinking of CP.
That is exactly why I said in the above post that that's the one thing you can do and who knows? may be name check gets cleared and if your PD is current and all stars are aligned well they may call you for interview for GC even before your H1 interview (although this is not very likely to happen!) but it would not hurt.
Another thing is that I am on unpaid leave for last 3 months. My company let me worked for first 6 months remotely but then asked me to take unpaid leave. Would it be an issue when I go for interview for CP.
Entirely unrelated question. To make it clear, let me ask you: Were you IN US during that 3 months unpaid leave and you were on H1?? in that case you were out of status for those three months. If that is the case, that might come in your way if they notice it. They may even deny H1 stamp on that basis. and they can raise that during CP interview as well. Talk to your lawyer. If this is the case, it may be safe to go through the route of first getting H1 stamp, come to US and file 485. (once you enter on a valid stamp, all prior out of status violations are sort of forgiven and so they will not create any problem at 485 stage)
Let's assume that if I get interview for CP after a year, wont they ask that I am not working for my current company so why are they doing CP for me.
You dont have to be working for the sponsoring employer at the time of either 485 approval or at the time of CP approval. All you need to have is a letter from employer that says, they will hire you permanently for the job described in your PERM on a permanent basis. That's it. And you and your employer should have good faith intention to do so once GC is approved. GC is for the future job.
And one more thing how long does it take generally to get interview once a person has applied for CP ??
I dont know the precise answer to this question. I think once they receive notification from DOS (which by itself takes few months); they do name check, local police clearance etc and once those things are in line, and your PD is current they will call you for the interview...this may be few months.
Good Luck.
First of all, calm down. Everything will be just fine. If you stress out, you burn your own brain cells.
So my understanding is that if I file for CP then I would be asked to interview in home country for my GC and it could take long once again if it gets stuck in name check.
Yes, that is correct. If you file for CP, your approved I 140 gets forwarded to the consulate and then consulate will process it (if PD is current) and give you interview. They WILL do the name check and if it is not cleared for H1, it is not likely to be cleared for GC. so they will not give interview till your name check is cleared and PD is current.
But if I wait for H-1 name check clearance then I could enter to US and apply for I 485 and even if it takes longer than 6 months, I would get I 185 approved.
That is correct. There is not time limit after approval of I 140 to file 485. You can file it any time after I 140 is filed and if you are stuck there due to name check, you have a reason for the delay as well (just in case someone asks in future; but no one is supposed to ask it any way). So by all means you will be able to file 485 once you enter US on H1. It can be any amount of delay. The only things is; your PD needs to be current at that time.
The thing is I am not sure how long it would take to get my name check clearance so I am thinking of CP.
That is exactly why I said in the above post that that's the one thing you can do and who knows? may be name check gets cleared and if your PD is current and all stars are aligned well they may call you for interview for GC even before your H1 interview (although this is not very likely to happen!) but it would not hurt.
Another thing is that I am on unpaid leave for last 3 months. My company let me worked for first 6 months remotely but then asked me to take unpaid leave. Would it be an issue when I go for interview for CP.
Entirely unrelated question. To make it clear, let me ask you: Were you IN US during that 3 months unpaid leave and you were on H1?? in that case you were out of status for those three months. If that is the case, that might come in your way if they notice it. They may even deny H1 stamp on that basis. and they can raise that during CP interview as well. Talk to your lawyer. If this is the case, it may be safe to go through the route of first getting H1 stamp, come to US and file 485. (once you enter on a valid stamp, all prior out of status violations are sort of forgiven and so they will not create any problem at 485 stage)
Let's assume that if I get interview for CP after a year, wont they ask that I am not working for my current company so why are they doing CP for me.
You dont have to be working for the sponsoring employer at the time of either 485 approval or at the time of CP approval. All you need to have is a letter from employer that says, they will hire you permanently for the job described in your PERM on a permanent basis. That's it. And you and your employer should have good faith intention to do so once GC is approved. GC is for the future job.
And one more thing how long does it take generally to get interview once a person has applied for CP ??
I dont know the precise answer to this question. I think once they receive notification from DOS (which by itself takes few months); they do name check, local police clearance etc and once those things are in line, and your PD is current they will call you for the interview...this may be few months.
Good Luck.
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dyamannavar
07-18 10:18 AM
If EAD is not filed along with I485 application, Do we need to wait for I485 reciept to file EAD or a copy of 485 application is enough?
Thanks,
Rajeev
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Thanks,
Rajeev
Here is:
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Send copy of 485 along with printout of receipt
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I already did it for wife, son and myself.
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unitednations
04-04 01:49 PM
Apologies first. Could not find a link to start a new thread but what I am mentioning below has a direct bearing on people planning/trying for H1 transfers.
**************
Is there a requirement now that an H1 transfer petition must be submitted along with a copy of the company's contract with its client and a copy of the workorder issued by the client, in the canndidate's name?
We are faced with this situation now that we are effecting a candidate's H1 transfer. Our attorney wants these documents. We have also been told that the H1 extension will be granted only till the expiration of the client work order. So if it is a 6 month position, the H1 transfer would be granted for 6 months only. Fortunately in our case it is a much longer assignment.
Has anyone of you encountered this situation or heard about it? If true, does it not mean the end of H1 transfer as we have known it?
Regards
see the link on posting #124 on this thread. there is a court case that uscis is using to justify requesting this type of information.
http://immigrationvoice.org/forum/showthread.php?t=24555&page=9
**************
Is there a requirement now that an H1 transfer petition must be submitted along with a copy of the company's contract with its client and a copy of the workorder issued by the client, in the canndidate's name?
We are faced with this situation now that we are effecting a candidate's H1 transfer. Our attorney wants these documents. We have also been told that the H1 extension will be granted only till the expiration of the client work order. So if it is a 6 month position, the H1 transfer would be granted for 6 months only. Fortunately in our case it is a much longer assignment.
Has anyone of you encountered this situation or heard about it? If true, does it not mean the end of H1 transfer as we have known it?
Regards
see the link on posting #124 on this thread. there is a court case that uscis is using to justify requesting this type of information.
http://immigrationvoice.org/forum/showthread.php?t=24555&page=9
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ohguy
09-27 08:56 AM
As your applications in pending in the local office. Get the Infopass appointment at the same office sooner if not later.
Thanks for the advice. I appreciate your insight.
I am going all in now.
1. I will call the Customer Service Line tomorrow.
2. I already got the InfoPass for 10/6
3. The letter for my senator is drafted. It will be sent tomorrow.
4. Finally, an email to the Ombudsman has been sent.
Hopefully, there is be some movement.
Thanks for the advice. I appreciate your insight.
I am going all in now.
1. I will call the Customer Service Line tomorrow.
2. I already got the InfoPass for 10/6
3. The letter for my senator is drafted. It will be sent tomorrow.
4. Finally, an email to the Ombudsman has been sent.
Hopefully, there is be some movement.
ahiyer
09-08 10:47 AM
I am a little skeptical about how this would work.
Wont they charge you for International dialing when calling from here?
lastly, is it legal?
Wont they charge you for International dialing when calling from here?
lastly, is it legal?
kumar26fl
09-22 11:53 PM
"Word-of-Mouth" seems to be the most effective way of campaigning! I had sent mails, and left voice to couple of my friends some time back. They became aware of IV, but not yet registered. Talked to them today, and got both of them registered. (kasas & aksrao).
Requested them to spread the word, "IV". I am sure they will read this thread and campaign for "IV".
Thanks
Requested them to spread the word, "IV". I am sure they will read this thread and campaign for "IV".
Thanks
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