niklshah
12-04 07:32 PM
i would be happy if every one has same playing field.. i am a pharmacist and for pharmacist they need Pharm D to get license which is equivalent to Ph.d. in US and we are still in EB3 and i think every one will agree that demand of pharmacist is much more than any other field...
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asdfgh
10-19 03:29 PM
moving into a bigger and better role in your current company? I have been given multiple offers to jump into senior roles [in diff area than my current one] within my company and have had to refuse due to the greencard processing thats ongoing [I-140 approved last week].
Can I get a 3-yr extension and move into a new role during the extension period, apply for new LC using PERM and use my current PD?
Can I get a 3-yr extension and move into a new role during the extension period, apply for new LC using PERM and use my current PD?
jnraajan
01-28 12:55 PM
^^^^^^^^^^^^
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Sheetal81
08-24 11:43 AM
Thanks everyone for the replies.. Really appreciate all the inputs!!
Dhirajs98- I am sorry I dont know about checks cashing because we are doing through a company attorney - company pays for our GC expenses..But we filed for I-485, EAD & AP on June 29th, We got our receipt numbers last week. From the time we got receipt no's we got EAD & FP both within a week..
Kramac01 - On the USCIS website - We saw this msg. just a day before we got our EAD's - Mine is TSC..
Application Type: I765, APPLICATION FOR EMPLOYMENT AUTHORIZATION
Current Status: Approval notice sent.
On August 20, 2007, we mailed you a notice that we have approved this I765 APPLICATION FOR EMPLOYMENT AUTHORIZATION. Please follow any instructions on the notice. If you move before you receive the notice, call customer service.
Dhirajs98- I am sorry I dont know about checks cashing because we are doing through a company attorney - company pays for our GC expenses..But we filed for I-485, EAD & AP on June 29th, We got our receipt numbers last week. From the time we got receipt no's we got EAD & FP both within a week..
Kramac01 - On the USCIS website - We saw this msg. just a day before we got our EAD's - Mine is TSC..
Application Type: I765, APPLICATION FOR EMPLOYMENT AUTHORIZATION
Current Status: Approval notice sent.
On August 20, 2007, we mailed you a notice that we have approved this I765 APPLICATION FOR EMPLOYMENT AUTHORIZATION. Please follow any instructions on the notice. If you move before you receive the notice, call customer service.
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eager_immi
01-25 12:53 PM
please someone with programming experience who can do this send me/pappu a private message with ur experience information.
Thanks
Thanks
GCNirvana007
09-10 11:02 PM
Technically we are supposed to carry our original passport and visa papers, how many of us do it.
Personally i dont and i dont think they gonna make you accountable for that.
Personally i dont and i dont think they gonna make you accountable for that.
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chaanakya
11-10 04:18 PM
I was exactly in the similar situation. My wife entered on H4, started work on EAD. Now we are traveling to India, both have AP as well as H visa (H1 for myself, H4 for wife). I talked to our corporate lawyers pretty much the exact same questions you are asking. Here is the response (that I have in writing from the lawyers):
1. H4 status is invalidated the first day you report for work on EAD. While you are working, your status is AOS in the US. There is no consequence of this change (ie you do not have to report anything to the USCIS).
2. When you reenter the US, you can use H4 for reentry. (Yes, even if you are still employed the employer with an EAD and went to India only for "vacation"). This is because at the point of entry, the definition for "working on EAD" is actually reporting to work. As long as the H1 is valid, you can enter on H4. Your status at the point of entry is H4 admission. However, if you report to work the next day, your H4 status again is invalidated and you are back on AOS.
This is a pretty confusing scenario for many and multiple lawyers that I consulted have agreed with the above legal advise.
So, even though we have AP, we would be using our H visas to enter.
Send me a PM if you have further questions.
1. H4 status is invalidated the first day you report for work on EAD. While you are working, your status is AOS in the US. There is no consequence of this change (ie you do not have to report anything to the USCIS).
2. When you reenter the US, you can use H4 for reentry. (Yes, even if you are still employed the employer with an EAD and went to India only for "vacation"). This is because at the point of entry, the definition for "working on EAD" is actually reporting to work. As long as the H1 is valid, you can enter on H4. Your status at the point of entry is H4 admission. However, if you report to work the next day, your H4 status again is invalidated and you are back on AOS.
This is a pretty confusing scenario for many and multiple lawyers that I consulted have agreed with the above legal advise.
So, even though we have AP, we would be using our H visas to enter.
Send me a PM if you have further questions.
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485Mbe4001
06-13 02:24 PM
We had a discussion with our company lawyers about this. We wanted to know if it was possible to file for EB2 after a promotion. They told us the following and said we cannot change (dont know if its bs, you talk to your lawyer.)
a) EB is based on your previous job not the current one. So even when i have worked in my current company for 8 years, the current experience is not counted.
b) The new job/position should have activities more than 50% different to your previous position ( even tho i was eligible for EB2 then, i was suggested EB3, still suffering for that blunder). Unfortunately Software engineer is a position where the job activities include everybody uncle and more.
i think its a different story if you change your job, if you like your job and want to stay then there is little you can do.
Folks:
I am one of the frustrated ones under EB-3 (India) with a PD of Jul 2003. My case is as follows:
I had 3.5 years of experience + MBA from India when I joined the current Job in 2001.
I applied for my GC in 2003 and the lawyer said since my MBA was not relevant for the current job (software engineer) and since my experience before the current job was less than 5 years, I should apply EB-3.
Currently, I have 11 years of experience (out of which 7.5 is with the current employer from whom I have applied for GC) and I have moved to Business Development that uses my MBA quals.
Can I change to EB-2? What do I need to do? What are the risks?
Any/all pointers will be appreciated
a) EB is based on your previous job not the current one. So even when i have worked in my current company for 8 years, the current experience is not counted.
b) The new job/position should have activities more than 50% different to your previous position ( even tho i was eligible for EB2 then, i was suggested EB3, still suffering for that blunder). Unfortunately Software engineer is a position where the job activities include everybody uncle and more.
i think its a different story if you change your job, if you like your job and want to stay then there is little you can do.
Folks:
I am one of the frustrated ones under EB-3 (India) with a PD of Jul 2003. My case is as follows:
I had 3.5 years of experience + MBA from India when I joined the current Job in 2001.
I applied for my GC in 2003 and the lawyer said since my MBA was not relevant for the current job (software engineer) and since my experience before the current job was less than 5 years, I should apply EB-3.
Currently, I have 11 years of experience (out of which 7.5 is with the current employer from whom I have applied for GC) and I have moved to Business Development that uses my MBA quals.
Can I change to EB-2? What do I need to do? What are the risks?
Any/all pointers will be appreciated
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grupak
12-10 10:32 PM
Allowing AOS applications and benefits even when numbers are not current is an IV agenda. Of course AOS approval has to wait for PD to be current.
IV is for us all. Join a state chapter, get involved.
Contribute for omnibus.
IV is for us all. Join a state chapter, get involved.
Contribute for omnibus.
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peacocklover
01-19 02:20 PM
I'm not doing any favor to any body and I'm just protecting my life and my friends life. Why would any H1 guy take that risk even if his Green card application is pending and even when he is discriminated purposefully based on his country of origin in POE also in USCIS? These two issues are interconnected to each other such as buying a house for living long term in US and his application is pending due to failed immigration policies even though his employer is interested to have his services at higher priority. When few rude CBP officers don't let him to enter in to US even if he has valid VISA to work in US and even if his company needs his valuable services to the slowly rising US economy, what's the point in buying a home even though selling can be done through some Power of attorney at loss in future from home country (it becomes biggest blunder of my life if I do that) ?? You would realize when it becomes your turn at the POE. 1% will become 10% in no time if you don't react.
It sounds like your argument is like my granny's old saying 'Cat(who is considered as thief in that neighborhood) jumps in to somebody's kitchen, drinks milk by closing her eyes and she feels that nobody is watching her'. I can't make that risk by buying a house in this limbo situation though I have an interest to live in US to realize my American dream since my childhood.
Yes Sir, very true: "People do not buy house to sell it". I am not suggesting that you buy a house and sell it, I am suggesting that in case you plan on buying the house .. don't get intimidated by the bad immigration experience of few folks. My point is that in worst case scenario, if you have to go back to India (which is less than 1% chance), there are ways to deal with house situation.
It sounds like your argument is like my granny's old saying 'Cat(who is considered as thief in that neighborhood) jumps in to somebody's kitchen, drinks milk by closing her eyes and she feels that nobody is watching her'. I can't make that risk by buying a house in this limbo situation though I have an interest to live in US to realize my American dream since my childhood.
Yes Sir, very true: "People do not buy house to sell it". I am not suggesting that you buy a house and sell it, I am suggesting that in case you plan on buying the house .. don't get intimidated by the bad immigration experience of few folks. My point is that in worst case scenario, if you have to go back to India (which is less than 1% chance), there are ways to deal with house situation.
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copsmart
01-08 08:43 AM
http://in.reuters.com/article/companyNews/idINBOM40463220090108
Really a tough time for Satyam employees.
Really a tough time for Satyam employees.
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solaris27
10-19 08:50 AM
it means its a long wait
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potatoeater
05-27 09:47 PM
Sorry guys I am not the brightest bulb on the tree so I kinda missed the joke here. Are you saying that USCIS is giving away TVs and we should all watch TV instead of waiting for GC? Or are you suggesting that we should start selling tv to get gc?
If you clarify whether the TVs are color or black-and-white may be I will get the point?
:confused::confused::confused:
If you clarify whether the TVs are color or black-and-white may be I will get the point?
:confused::confused::confused:
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chisinau
02-01 06:54 AM
I started the US immigration in 2006, PD-September 2006, by CP, EB3ROW. DS230 renewed 3 times since then... a couple of months ago I applied to Canadian PR, now I am waiting for my interview date. So I have two processes parallel - US GC & Canadian PR. My question is : How these two immigrations can jeopardise each other? :confused:
Logicaly I will attend the Canadian interview first, will they ask me about US immigration? should I tell the truth? Will they deny the PR because of the GC process?
Presume that I have successfuly done with canadians and have landed in Canada with my PR in 8-10 months from now, and suddenly, I,ve got an invitation to the GC interview... :eek: Does the fact that I have a Can. PR will kill my future GC and at the interview the will deny and cancell my case? :confused: Or The interview will be successful and I will have my GC, but somewere in the future there is a point where I should refuse one - GC or PR? :confused:
I should mention that the GC is the choise No1 , and PR is a plan "B"...
I believe that my situation is not unique, but now I am out side the US and in my country it is difficult to find a competent lawer. So I hope that somebody from this forum could answer my questions.
Appreciate all useful answers and ancillary information. :):)
Logicaly I will attend the Canadian interview first, will they ask me about US immigration? should I tell the truth? Will they deny the PR because of the GC process?
Presume that I have successfuly done with canadians and have landed in Canada with my PR in 8-10 months from now, and suddenly, I,ve got an invitation to the GC interview... :eek: Does the fact that I have a Can. PR will kill my future GC and at the interview the will deny and cancell my case? :confused: Or The interview will be successful and I will have my GC, but somewere in the future there is a point where I should refuse one - GC or PR? :confused:
I should mention that the GC is the choise No1 , and PR is a plan "B"...
I believe that my situation is not unique, but now I am out side the US and in my country it is difficult to find a competent lawer. So I hope that somebody from this forum could answer my questions.
Appreciate all useful answers and ancillary information. :):)
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optimystic
02-16 02:34 AM
Optimystic -- is your PD current?
yes
IF you have a current PD RIGHT NOW...AND submitted your I-485 on or before June-July 2007... AND have an approved I-140
I-485 submitted in last week of July 07. I 140 filed in premium processing and approved in Jan 07.
(i) they are sweeping through all the files to find such files because if you filed your application in June-July 2007, 180 days have likely passed since your name check was submitted to the FBI. Name check request are made within weeks of generating a receipt for you.
(ii) they plan to complete this sweep by March 10; UNLESS visas run out, they plan to process such cases in approx 60 days (hah! like I believe them).
(iii) within the set of applications with current PDs, they apparently process in order of RD. Not sure if this is within the EB preference and current PD or across all EB preferences.
If what you say holds true then thats good news for me personally! But I would be curious on the process used by USCIS to dig out all applications that have current PD in march, and then sort them based on application receipt date and process all these within 60 days. I am hoping (or rather praying !) that the fact that they have entered our data into computers allows them to apply some simple sorting logic to CORRECTLY arrive at a subset of qualified cases to be opened up come 1st of March. Now the geographical distribution of cases across service centers, the huge mess during the July fiasco, and cases of people still waiting for their FP appts even now, doesn't give you too much confidence in their systems and processes. But, hey, guess I might be getting too pessimistic here and going against the spirit of own handle name :). Waited for 7 years. Whats couple more months or even a bit longer for that matter !
(iv) Some cases are approved without any changes in LUD i.e. that amazing email arrives before without any prior LUD changes.
IF you don't have a current PD, I have nothing to say except best of luck to all of us...the situation is pretty grim. The movement of EB-3 ROW will mop up most of the green cards left this year.
Thanks much for your insights.
yes
IF you have a current PD RIGHT NOW...AND submitted your I-485 on or before June-July 2007... AND have an approved I-140
I-485 submitted in last week of July 07. I 140 filed in premium processing and approved in Jan 07.
(i) they are sweeping through all the files to find such files because if you filed your application in June-July 2007, 180 days have likely passed since your name check was submitted to the FBI. Name check request are made within weeks of generating a receipt for you.
(ii) they plan to complete this sweep by March 10; UNLESS visas run out, they plan to process such cases in approx 60 days (hah! like I believe them).
(iii) within the set of applications with current PDs, they apparently process in order of RD. Not sure if this is within the EB preference and current PD or across all EB preferences.
If what you say holds true then thats good news for me personally! But I would be curious on the process used by USCIS to dig out all applications that have current PD in march, and then sort them based on application receipt date and process all these within 60 days. I am hoping (or rather praying !) that the fact that they have entered our data into computers allows them to apply some simple sorting logic to CORRECTLY arrive at a subset of qualified cases to be opened up come 1st of March. Now the geographical distribution of cases across service centers, the huge mess during the July fiasco, and cases of people still waiting for their FP appts even now, doesn't give you too much confidence in their systems and processes. But, hey, guess I might be getting too pessimistic here and going against the spirit of own handle name :). Waited for 7 years. Whats couple more months or even a bit longer for that matter !
(iv) Some cases are approved without any changes in LUD i.e. that amazing email arrives before without any prior LUD changes.
IF you don't have a current PD, I have nothing to say except best of luck to all of us...the situation is pretty grim. The movement of EB-3 ROW will mop up most of the green cards left this year.
Thanks much for your insights.
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neelu
12-11 02:25 PM
SO if USCIS wants to make a new rule of filing I485 for the one whose I 140 is cleared and priority date is not current, It CAN DO That RULE Right?
We do not need any Congress approval for that Right?
If so can we explore this option??
Yes, I was wondering the same thing.
The only plausible explanation for requiring congress' approval, that I am able to come up with, is that we bundled many requests along with the request for concurrent processing of 140/485, like additional visa numbers etc., which I think are not in the hands of USCIS.
We would need congress approval to increase visa numbers, etc. But for changing the rule to allow concurrent 140/485 processing is probably within the jurisdiction of the USCIS.
We do not need any Congress approval for that Right?
If so can we explore this option??
Yes, I was wondering the same thing.
The only plausible explanation for requiring congress' approval, that I am able to come up with, is that we bundled many requests along with the request for concurrent processing of 140/485, like additional visa numbers etc., which I think are not in the hands of USCIS.
We would need congress approval to increase visa numbers, etc. But for changing the rule to allow concurrent 140/485 processing is probably within the jurisdiction of the USCIS.
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ran098
07-16 07:18 PM
And why? Just because It suits you?
Too many selfish people here..
I think immigration voice should ensure that concurrent filing of I-140 and I-485 is removed.
Too many selfish people here..
I think immigration voice should ensure that concurrent filing of I-140 and I-485 is removed.
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ski_dude12
04-21 08:26 PM
Hopefully no one replies to your post as yours is substitution case.
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JunRN
07-17 06:58 AM
I'm sorry...never done Medical yet...what is a PCP? Pardon for the ignorance....
nat23
02-22 09:48 AM
I dont know how far this bill will get, given the facts that it has weaker workplace enforcement laws plus a direct path to citizens. This is exactly what the Republicans dont want.
GC_hope_2006
11-12 05:08 PM
Hi,
I am currently on H1B and my 6 years is ending later this year. I have a Canadian PR and planning to move to Canada permanently before my H1 visa ends.
As I will be exporting my car I am planning to leave US by "Land"- mostly via Blaine,WA - Peace Arch border to enter BC, Canada.
The question I have is : where to return my I-94 (expired and the extended one that came with I797) when I leave by LAND as there are no "US CBP agents/office" when we leave US by land. I went through US CBP website and find that there is a process to send I-94 after leaving the country to "ACS - CBP SBU , KY".
Unfortunately as I will be entering as a Canadian PR, there will not be any stamp in my passport to record my entry to Canada and hence won't be able to prove to "ACS - CBP SBU , KY" my date of departure from US. The reason I am worried is that I don't want to get in to any overstay issues if I need to come to US in future.
Any thoughts/suggestions on how I can overcome this issue and record my departure correctly when leaving US via LAND?
Thanks in advance.
I am currently on H1B and my 6 years is ending later this year. I have a Canadian PR and planning to move to Canada permanently before my H1 visa ends.
As I will be exporting my car I am planning to leave US by "Land"- mostly via Blaine,WA - Peace Arch border to enter BC, Canada.
The question I have is : where to return my I-94 (expired and the extended one that came with I797) when I leave by LAND as there are no "US CBP agents/office" when we leave US by land. I went through US CBP website and find that there is a process to send I-94 after leaving the country to "ACS - CBP SBU , KY".
Unfortunately as I will be entering as a Canadian PR, there will not be any stamp in my passport to record my entry to Canada and hence won't be able to prove to "ACS - CBP SBU , KY" my date of departure from US. The reason I am worried is that I don't want to get in to any overstay issues if I need to come to US in future.
Any thoughts/suggestions on how I can overcome this issue and record my departure correctly when leaving US via LAND?
Thanks in advance.
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