neogator
01-19 05:20 PM
Although your question is quite laughable and absurd, you could make a point by asking of a list of people who gave up on immigration to the US because of the EB3 backlog. And if these people did make it big..then you have a point.
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delax
07-16 08:20 PM
Check this post from logiclife
http://immigrationvoice.org/forum/showthread.php?p=117422#post117422
Originally Posted by logiclife
IV core stands by the information it provided this afternoon about a solution that will be announced soon. If not on Monday, it will be annouced on Tuesday or Wednesday (Latest). These things could take time to process because of numerous departments and agencies involved and various procedures involved.
AILA has reported that decision has not yet been reached and wont be reached without lawsuit.
That information is not true based on what we know and we stick to our assertion that a solution that gives us relief has been worked out and a lawsuit will not be needed.
AILA/AILF is free to file its lawsuit if it feels the need to do that, however we have been hearing about them filing the lawsuit since July 2nd. And if they are so sure that lawsuit is the only way that solution will come out, then why dont we see the lawsuit yet ? After all, private parties and smaller lawfirms have filed lawsuit so what's the hold-up at AILA/AILF if they are so sure that no solution is possible without lawsuits ?
Logiclife - I think it was a great idea to delete your post above - I truly think that the efforts of IV need to be commended but lets not forget that it was equally a combined effort of ALL stakeholders involved. Lets be humble during this hour of aniticipation.
http://immigrationvoice.org/forum/showthread.php?p=117422#post117422
Originally Posted by logiclife
IV core stands by the information it provided this afternoon about a solution that will be announced soon. If not on Monday, it will be annouced on Tuesday or Wednesday (Latest). These things could take time to process because of numerous departments and agencies involved and various procedures involved.
AILA has reported that decision has not yet been reached and wont be reached without lawsuit.
That information is not true based on what we know and we stick to our assertion that a solution that gives us relief has been worked out and a lawsuit will not be needed.
AILA/AILF is free to file its lawsuit if it feels the need to do that, however we have been hearing about them filing the lawsuit since July 2nd. And if they are so sure that lawsuit is the only way that solution will come out, then why dont we see the lawsuit yet ? After all, private parties and smaller lawfirms have filed lawsuit so what's the hold-up at AILA/AILF if they are so sure that no solution is possible without lawsuits ?
Logiclife - I think it was a great idea to delete your post above - I truly think that the efforts of IV need to be commended but lets not forget that it was equally a combined effort of ALL stakeholders involved. Lets be humble during this hour of aniticipation.
GCard_Dream
04-27 05:15 PM
I am not sure. May be it is. Details are still not out yet and I don't see the text of the bill on thomas. Hopefully more detail will emerge in next day or so and then we will know for sure.
http://www.swnebr.net/newspaper/cgi-bin/articles/articlearchiver.pl?160478
http://www.swnebr.net/newspaper/cgi-bin/articles/articlearchiver.pl?160478
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bestia
11-21 03:16 AM
Meridiani.planum.... Thanks for your reply....
Is the GC under EB-2 that quick? I wonder why my attorney didn't try to FIT me on EB-2... I'll definitely research my 'fitting' options as an EB-2.... now, do you know if are there hidden issues on getting a GC as an EB-2 rather than an EB-3? Or, Is a GC the same regardless the employment-based category?
Attorneys prefer EB3, since there is less evidence needs to be submitted, less scrutiny, less risk of RFE or denial, and therefore less work for the attorney.
"Is GC same..." - philosophical question.. I guess not :) I guess GC for someone who waited for 10 years is not the same as for someone who got it first year being in the US.
Is the GC under EB-2 that quick? I wonder why my attorney didn't try to FIT me on EB-2... I'll definitely research my 'fitting' options as an EB-2.... now, do you know if are there hidden issues on getting a GC as an EB-2 rather than an EB-3? Or, Is a GC the same regardless the employment-based category?
Attorneys prefer EB3, since there is less evidence needs to be submitted, less scrutiny, less risk of RFE or denial, and therefore less work for the attorney.
"Is GC same..." - philosophical question.. I guess not :) I guess GC for someone who waited for 10 years is not the same as for someone who got it first year being in the US.
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Rakson
03-01 12:25 PM
Another front to think about :
Recently I have heard that when the company publishes advertisement for the labor when filling for fresh PERM, every time there is a response coming back because of the higher rate of unemployment in the market. The issue is, if any response comes back then the company cannot proceed with the labor and new GC process gets hung.
So, to be on safer side just check on ur skill set before resigning the current job as it should not be readily available in the market.
You have added important point for consideration. Thanks!
Recently I have heard that when the company publishes advertisement for the labor when filling for fresh PERM, every time there is a response coming back because of the higher rate of unemployment in the market. The issue is, if any response comes back then the company cannot proceed with the labor and new GC process gets hung.
So, to be on safer side just check on ur skill set before resigning the current job as it should not be readily available in the market.
You have added important point for consideration. Thanks!
wandmaker
11-16 11:38 AM
FYI - While I was talking to CSR regarding my AP. There was discussion about processing times, she told me that the new processing times will be posted this Friday.
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anurakt
01-08 09:21 AM
I agree with GC007. I have just been through a similar situation. My previous stamp was expiring on jan 21 07 and had gotten an extension upto 20010. I made trip to India this past december (2006) and was told by my lawyer to get the new visa stamped in India. This is because the new I-94 that you get with the extension has to be surrendered when you leave the country and on reentry you get a new I-94. That will be only valid upto the date stamped on ur passport and there is a rule that with regard to I-94, the last action takes precedence on previous actions.
This was for my H1 and my Spouse's H4 visa.
Are you 100% sure that it's the stamped visa date which will be given on the arrival and not the extension date ?? I was under the impression other way round ?
This was for my H1 and my Spouse's H4 visa.
Are you 100% sure that it's the stamped visa date which will be given on the arrival and not the extension date ?? I was under the impression other way round ?
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a_yaja
04-27 11:47 AM
Get I-140 approved for EB3 case and then swtich to another company and start fresh GC and once you are ready to file I-140 at new company, take this approved I-140 for EB3 and port it.
Hope this helps.
Might be an issue as the EB2 I-140 is already approved. Talk to a good lawyer and see what is the best course of action.
Although it is late now, you should have withdrawn the original LC and refiled in PERM with same PD. That way you would have maintained the original priority date for EB2. Your lawyer must have told you that when you refiled your LC.
Hope this helps.
Might be an issue as the EB2 I-140 is already approved. Talk to a good lawyer and see what is the best course of action.
Although it is late now, you should have withdrawn the original LC and refiled in PERM with same PD. That way you would have maintained the original priority date for EB2. Your lawyer must have told you that when you refiled your LC.
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mhtanim
02-26 03:18 PM
Please recheck your info before dispensing advice. Adjustment of Status application is based on premise that you are already present in USA. At the time approval, you should be present in USA. Thus the need for AP. If your Green card AOS application has been approved while you are out of country. You NEED AP to enter.
You have raised an interesting point that I have not thought about before. My advice was based on few people who actually did came back to the U.S. using GC while they were abroad.
You have to be in the U.S. while you are filing I-485. However, I will be willing to see where you got "At the time approval, you should be present in USA".
There are lot of people who have valid H1/H4 stamp and did not bother to apply for AP because of that. If what you are saying is the fact, then all those people are taking risks when they are leaving the U.S. without AP.
http://www.murthy.com/chatlogs/ch021808_P.html
Chat User : How can one return to the USA if his I-485 is approved while abroad?
Attorney Murthy : Per the March 2000 and the May 2000 Legacy INS Memos, one could presumably use the AP to reenter, if one has the AP approved before departing the U.S. If not, that could add more complications. The CBP inspectors could refuse entry, technically, but they are allowed to parole an individual into the U.S. If one has an H-1/H-4 or L-1/L-2, s/he could use those documents to get on the plane, and then explain the I-485 approval at the POE.
http://www.murthy.com/chatlogs/ch120307_P.html
Chat User : Thanks for your great service, I am in India with AP right now and my GC has been approved now. Is there any problem with reentering using AP?
Attorney Murthy : Generally, the CBP Inspector is allowed to use the AP for the person to be able to enter the U.S. and then the individual should get the I-551 card (GC) in the mail. In fact, if one has a family member or friend checking the mail, it could be possible to have the GC sent abroad, so that it can be used to reenter the U.S. In either event, it should not pose a problem, as long as the AP has not yet expired per the Legacy INS policy guidance on this issue.
I guess the second scenario is for someone who does not have a valid H1/H4 stamp in the passport. In both scenarios, it was not mentioned what happens if someone mails you the GC.
Anybody has more experience in this please comment.
You have raised an interesting point that I have not thought about before. My advice was based on few people who actually did came back to the U.S. using GC while they were abroad.
You have to be in the U.S. while you are filing I-485. However, I will be willing to see where you got "At the time approval, you should be present in USA".
There are lot of people who have valid H1/H4 stamp and did not bother to apply for AP because of that. If what you are saying is the fact, then all those people are taking risks when they are leaving the U.S. without AP.
http://www.murthy.com/chatlogs/ch021808_P.html
Chat User : How can one return to the USA if his I-485 is approved while abroad?
Attorney Murthy : Per the March 2000 and the May 2000 Legacy INS Memos, one could presumably use the AP to reenter, if one has the AP approved before departing the U.S. If not, that could add more complications. The CBP inspectors could refuse entry, technically, but they are allowed to parole an individual into the U.S. If one has an H-1/H-4 or L-1/L-2, s/he could use those documents to get on the plane, and then explain the I-485 approval at the POE.
http://www.murthy.com/chatlogs/ch120307_P.html
Chat User : Thanks for your great service, I am in India with AP right now and my GC has been approved now. Is there any problem with reentering using AP?
Attorney Murthy : Generally, the CBP Inspector is allowed to use the AP for the person to be able to enter the U.S. and then the individual should get the I-551 card (GC) in the mail. In fact, if one has a family member or friend checking the mail, it could be possible to have the GC sent abroad, so that it can be used to reenter the U.S. In either event, it should not pose a problem, as long as the AP has not yet expired per the Legacy INS policy guidance on this issue.
I guess the second scenario is for someone who does not have a valid H1/H4 stamp in the passport. In both scenarios, it was not mentioned what happens if someone mails you the GC.
Anybody has more experience in this please comment.
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santb1975
02-13 11:48 PM
This doesn't feel good :o
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thandan
03-15 07:19 PM
Typo fix
They have also obtained a I-797 for me as a backup which I have not used
They have also obtained a I-797 for me as a backup which I have not used
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aranya
07-01 11:42 AM
Thanks for your replies.
I understand the use of AC21 and I think I am fine as far as GC process goes. My main concern is the continuity of the H1B visa. Since the designation and the location of the employment will change, will there have to be H1B amendment, since the employer is same so there won't be any H1B transfer.
I am eventually going to contact the employer's lawyer, but wanted to do my own research ahead of that. I couldn't get very clear answer from online sources and blogs. Any suggestion here would be very help full. Thanks!
Only yesterday I had a converstion with my compnay lawyer on this topic.
Her view is that I would have to amend the H1 for any location and/or responsibility changes.
I understand the use of AC21 and I think I am fine as far as GC process goes. My main concern is the continuity of the H1B visa. Since the designation and the location of the employment will change, will there have to be H1B amendment, since the employer is same so there won't be any H1B transfer.
I am eventually going to contact the employer's lawyer, but wanted to do my own research ahead of that. I couldn't get very clear answer from online sources and blogs. Any suggestion here would be very help full. Thanks!
Only yesterday I had a converstion with my compnay lawyer on this topic.
Her view is that I would have to amend the H1 for any location and/or responsibility changes.
more...
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logiclife
01-05 11:31 AM
There may be members posting their thoughts and suggestions on multiple websites. Right now immigrationvoice.org is separate org and has a different approach to others that I know. This org is going to raise funds and hire professional strategist who knows how to cross a minefield and get our priorites introduced in one or other vehicle of legislation.
Everyone here on this org is:
1. Affected by retrogression.
2. Already tried individual efforts to educate/convince congress to eliminate employment based retrogression and raise GC quote for EB2, EB3.
3. Realized after defeat of provisions in S 1932 in the house that we need professional help and need to spend money, time and efforts to get it done.
While individual efforts are not bad, lobbying certainly makes a lot of difference when it comes to get our priorities stay in legislation during intense debate over immigration in general.
Please keep you valuable contributions coming in terms of your time, forum replies and money. We have raised $5000 dollars in 2 days and our goal is $100,000 for professional lobbying help and we need to raise that much in next few weeks.
Thanks,
logiclife.
Everyone here on this org is:
1. Affected by retrogression.
2. Already tried individual efforts to educate/convince congress to eliminate employment based retrogression and raise GC quote for EB2, EB3.
3. Realized after defeat of provisions in S 1932 in the house that we need professional help and need to spend money, time and efforts to get it done.
While individual efforts are not bad, lobbying certainly makes a lot of difference when it comes to get our priorities stay in legislation during intense debate over immigration in general.
Please keep you valuable contributions coming in terms of your time, forum replies and money. We have raised $5000 dollars in 2 days and our goal is $100,000 for professional lobbying help and we need to raise that much in next few weeks.
Thanks,
logiclife.
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lagsam
07-22 07:26 PM
We have the same case. Our AP's (mine, my wife's and daughter's) are expiring next month. Fortunately, I have a close friend and an immigration attorney.
He said that it is not mandatory to renew the APs. Unless to you wanted to travel outside of the US, then you will need to renew your APs. If they are expired, you need to apply for a new one.
Three of us are paroled.
He also explained that it will not affect your AOS.
I hope I was able to help you.
FYI--this was the explaination of my immigration attorney. I am not an immigration attorney myself.
Goodluck
He said that it is not mandatory to renew the APs. Unless to you wanted to travel outside of the US, then you will need to renew your APs. If they are expired, you need to apply for a new one.
Three of us are paroled.
He also explained that it will not affect your AOS.
I hope I was able to help you.
FYI--this was the explaination of my immigration attorney. I am not an immigration attorney myself.
Goodluck
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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.
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snathan
01-22 04:22 PM
Hi,
My H1B extension got denied, I have n't got the denial notice yet. Can someone please advice what options do i have with out going out of status? and how long i can stay in this country?. My current I94 expired in sept 2009.
Please advice.
Whats the reason for denial...
My H1B extension got denied, I have n't got the denial notice yet. Can someone please advice what options do i have with out going out of status? and how long i can stay in this country?. My current I94 expired in sept 2009.
Please advice.
Whats the reason for denial...
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ak_manu
07-23 03:15 PM
The way EB2 is progressing now, it looks like you might get your GC in a year or two. I would definitely recommend staying with current company. Once you have GC you can choose any job you want and earn more too:-). Also, it might help you spouse with tution and job (in case no one sponsers H1). So, I would think patience is the Key.
If you really want to switch to Top company then have them sponsor in EB2 by porting priority date. If that company cannot sponsor in EB2 and you are more interesting in career the choose an other Top company that would sponsor you GC in EB2. After all they all are just consulting companies no matter big or small. If it is a client then I might grab the opportunity even though they sponsor in EB3 as at least you might be safe with them (if you are lucky!!) and don't have to travel.
Makes sense??
If you really want to switch to Top company then have them sponsor in EB2 by porting priority date. If that company cannot sponsor in EB2 and you are more interesting in career the choose an other Top company that would sponsor you GC in EB2. After all they all are just consulting companies no matter big or small. If it is a client then I might grab the opportunity even though they sponsor in EB3 as at least you might be safe with them (if you are lucky!!) and don't have to travel.
Makes sense??
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gsc999
04-18 09:39 PM
I asked this question few days ago but no one responded. I guess nothing is going on. Why do they waste tax payers money by introducing bills and not acting on them.
Any way, pack your bags or wait for ten years.
--
Patience my lovelies. This may be the calm before the storm, who knows.
Per some news report, a debate has been scheduled on Senate floor to debate a comprehensive immigration reform bill during last two weeks of May'07
Any way, pack your bags or wait for ten years.
--
Patience my lovelies. This may be the calm before the storm, who knows.
Per some news report, a debate has been scheduled on Senate floor to debate a comprehensive immigration reform bill during last two weeks of May'07
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yalavarthi_sree
08-18 03:26 PM
In 2008 My wife applied for H1B and My wife got her H1B approved and along with the approval she got new I-94
valid till Sep 2011.
But she was not able to start working/ find a job due to family reasons and economy conditions.
1. Whether she Out of status since she did not work on her H1?
2. If she starts working now for the employer can she get back the status?
3. What are the ways for her get back to H4 if she not going work?
4. How we can correct her status?
valid till Sep 2011.
But she was not able to start working/ find a job due to family reasons and economy conditions.
1. Whether she Out of status since she did not work on her H1?
2. If she starts working now for the employer can she get back the status?
3. What are the ways for her get back to H4 if she not going work?
4. How we can correct her status?
camarasa
07-09 01:45 PM
Buddy,
Why you are so angry??. I know more than you about immigration and all the rules. you try to understand the English properly and the meaning. I hope you are from a very remote place in India. So for you to understand better, Here is the meanign fo my message.
GUYS, YOUR PRIORITY DATE IS 2006 and why you are asking for the premium processing when many of your friends are still waiting to file their I 140 or I 485.
Don't try to put harsh words in public forums. You will get them back as a Boomerang...... Understand?:mad:
Dude - that doesn't make any sense. Just because there are people who have been waiting since 1998 (for whatever reason) doesn't mean that others should make their process as slow as possible so they can also wait 9 years with their "friends". Why would anyone want to do that?
Why you are so angry??. I know more than you about immigration and all the rules. you try to understand the English properly and the meaning. I hope you are from a very remote place in India. So for you to understand better, Here is the meanign fo my message.
GUYS, YOUR PRIORITY DATE IS 2006 and why you are asking for the premium processing when many of your friends are still waiting to file their I 140 or I 485.
Don't try to put harsh words in public forums. You will get them back as a Boomerang...... Understand?:mad:
Dude - that doesn't make any sense. Just because there are people who have been waiting since 1998 (for whatever reason) doesn't mean that others should make their process as slow as possible so they can also wait 9 years with their "friends". Why would anyone want to do that?
hopefulgc
05-12 03:33 PM
^^
