admin
06-01 11:02 PM
This is a PM from for_ac21iv to me. He couldn't post here as I had closed the thread.
Hi Admin,
I started the new thread and poll "Separate bill for legal immigrants from CIR provisions", with the intention to help realise and pursue what appeard to me as a option/opportunity that might help us legal immigrants. It just seems to me from media and other forums that cir may take a long long time.
I donot have complete knowledge of the process and timing of how legislation and lobbying works. Educating myself from aritles and posts on this and similar forums.
It has been almost 5 years since I started my gc process and am really looking for ways that might make it faster for people like me and future applicants going forward and I really appreciate what IV is doing in this direction.
I apologize if my poll, thread or intentions came across as anything but the above. Also, I will change my username, it has "iv" and may have lead others to interpret my messages as from IV.
Please post this message in that thread for me. It looks like "Separate bill for legal immigrants from CIR provisions" thread is closed.
Sincerely,
Hi Admin,
I started the new thread and poll "Separate bill for legal immigrants from CIR provisions", with the intention to help realise and pursue what appeard to me as a option/opportunity that might help us legal immigrants. It just seems to me from media and other forums that cir may take a long long time.
I donot have complete knowledge of the process and timing of how legislation and lobbying works. Educating myself from aritles and posts on this and similar forums.
It has been almost 5 years since I started my gc process and am really looking for ways that might make it faster for people like me and future applicants going forward and I really appreciate what IV is doing in this direction.
I apologize if my poll, thread or intentions came across as anything but the above. Also, I will change my username, it has "iv" and may have lead others to interpret my messages as from IV.
Please post this message in that thread for me. It looks like "Separate bill for legal immigrants from CIR provisions" thread is closed.
Sincerely,
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felix31
04-18 03:20 PM
well,
I hope I interpret this correctly.
Only cases filed after April 1st will be going into Nebraska-texas centers for processing.
Which means, earlier cases that are already filed will be processed where they were filed...
I have no clue how they decide which case will stay in nebraska and which will be transfered to texas.
In my case, I-140 was sent to Nebraska on April 6th and when I received receipt notice 10 days later; first three letters showed that the case has been transfered to Texas, hence texas issued receipt number...and they will be processing the case..
Since you filed in vermont - you are fine, you will get it processed from vermont. If you filed concurrently with I-485 then that application too will be processed in vermont.
The new rule and transfer of cases applies to cases applied on or after April 1st 2006
I hope I interpret this correctly.
Only cases filed after April 1st will be going into Nebraska-texas centers for processing.
Which means, earlier cases that are already filed will be processed where they were filed...
I have no clue how they decide which case will stay in nebraska and which will be transfered to texas.
In my case, I-140 was sent to Nebraska on April 6th and when I received receipt notice 10 days later; first three letters showed that the case has been transfered to Texas, hence texas issued receipt number...and they will be processing the case..
Since you filed in vermont - you are fine, you will get it processed from vermont. If you filed concurrently with I-485 then that application too will be processed in vermont.
The new rule and transfer of cases applies to cases applied on or after April 1st 2006
gccube
03-19 04:14 PM
Its unfortunate that you have a very recent RD. I talked to an IO at NSC yesterday and i was told that they will process the case based on the order they recieved. So they go by RD. If this is true then i guess you will have to wait some more time. Because thousands of people applied I-485 between June first to July 30.
May be this is the general process, but I know of a case with RD in June last week and PD in 2003 Mar got approved last Nov/Dec area. It is an EB3 India case.
May be this is the general process, but I know of a case with RD in June last week and PD in 2003 Mar got approved last Nov/Dec area. It is an EB3 India case.
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vad
09-17 11:53 PM
Arnets reply is pretty comprehensive.
The main point is the are looking at 8-10 years fro nowto settle. Are they willin to look at short term difficulties in ordder to move? Also the usual waiting time for GC after all the hassles. So they have to judge what they have there against what they might get in 10 years:eek:
vinay
disclaimer: i'm nt an immigration attroney, so please consult one for exact situation, as laws and procedures are constantly changing.
I'm NOT in medical field but writing based on what i heard..thought might be useful for you.....below is the most common way of coming to US for MBBS degree holders in india....
they can write USMLE exam (check www.usmle.org) and if they pass the step1, step2, step3 exams they can apply to US universities (atleast few of them based on the score) for MD residency programs which is usually four years course.
some say step1 and step2 is enough to apply but step3 gives more advantage but nt sure. BUT CHECK THE ELIGILIBITY FOR EXAM AND DO RESEARCH ON THESE COURSE AND OTHER TOPICS TO GET EXACT DETAILS...
they can come here in H1 or J1 visa if they get into residency programs but check the procedures. but in general, after residency program, they need to work 3 yrs in underreserved areas (mostly 30-50 miles away from city, nt bad, oppurtunites are good there).
writing USMLE and getting into residency programs is really very very tough as more competition now and need very top score and their previous experience, degree/diplomas, research, etc helps.
if they both try and one get it through, then the one who get it into residency program can come into J1 or H1 visa and others can come in H4 visa (dependents-children and spouse).
they will be paid atleast 40-50k per yr during the residency (four yrs) and after that based on their work and experience, they will paid more atleast >100k per yr.
regd greencard, i think, they can apply only after 3yrs of working in under-reserved areas. some say they wont have to do labor because they get waiver because they worked 3 yrs in under-reserved areas but for this you need to consult an immigration lawyer.
but for all this, they have to first COLLECT all the details and CHECK THE ELIGILIBITY FOR ALL THIS...they have to plan properly because while studying for USMLE or during this entire process, it is nt easier but they have to undergo a LOT of stress as they might think we are doing well in india why we moved here. but remember, it pays them in long run, it depends on each one how they look.
good luck....:)
The main point is the are looking at 8-10 years fro nowto settle. Are they willin to look at short term difficulties in ordder to move? Also the usual waiting time for GC after all the hassles. So they have to judge what they have there against what they might get in 10 years:eek:
vinay
disclaimer: i'm nt an immigration attroney, so please consult one for exact situation, as laws and procedures are constantly changing.
I'm NOT in medical field but writing based on what i heard..thought might be useful for you.....below is the most common way of coming to US for MBBS degree holders in india....
they can write USMLE exam (check www.usmle.org) and if they pass the step1, step2, step3 exams they can apply to US universities (atleast few of them based on the score) for MD residency programs which is usually four years course.
some say step1 and step2 is enough to apply but step3 gives more advantage but nt sure. BUT CHECK THE ELIGILIBITY FOR EXAM AND DO RESEARCH ON THESE COURSE AND OTHER TOPICS TO GET EXACT DETAILS...
they can come here in H1 or J1 visa if they get into residency programs but check the procedures. but in general, after residency program, they need to work 3 yrs in underreserved areas (mostly 30-50 miles away from city, nt bad, oppurtunites are good there).
writing USMLE and getting into residency programs is really very very tough as more competition now and need very top score and their previous experience, degree/diplomas, research, etc helps.
if they both try and one get it through, then the one who get it into residency program can come into J1 or H1 visa and others can come in H4 visa (dependents-children and spouse).
they will be paid atleast 40-50k per yr during the residency (four yrs) and after that based on their work and experience, they will paid more atleast >100k per yr.
regd greencard, i think, they can apply only after 3yrs of working in under-reserved areas. some say they wont have to do labor because they get waiver because they worked 3 yrs in under-reserved areas but for this you need to consult an immigration lawyer.
but for all this, they have to first COLLECT all the details and CHECK THE ELIGILIBITY FOR ALL THIS...they have to plan properly because while studying for USMLE or during this entire process, it is nt easier but they have to undergo a LOT of stress as they might think we are doing well in india why we moved here. but remember, it pays them in long run, it depends on each one how they look.
good luck....:)
more...
glus
03-19 11:29 AM
If you have left your I-140 company, that I-140 is dead. No wonder you have not heard back. It's not pending, it's cancelled. I-140 is employer based and therefore if USCIS said they were not satisfied with place of work, which reads: not enough income for the company to be able to pay you the salary declared in the I140 app. If you did not reply to their show-cause within the time frame stated, your I-140 application is deemed abandoned.
This is not true. I140 can be approved even after one leaves the company. I140 is only a "check" that the person i qualified and a company able to pay a "FUTURE OFFER OF EMPLOYMENT." Please do not post untrue statements unless your are absolutely sure. He can work in CA and have a 140 approved in NY, and move to NY when his Priority Date becomes current.
I140 is only dead if a company request to withdraw I140 petition before it is approved. If his I140 is "pending" it is not dead.
This is not true. I140 can be approved even after one leaves the company. I140 is only a "check" that the person i qualified and a company able to pay a "FUTURE OFFER OF EMPLOYMENT." Please do not post untrue statements unless your are absolutely sure. He can work in CA and have a 140 approved in NY, and move to NY when his Priority Date becomes current.
I140 is only dead if a company request to withdraw I140 petition before it is approved. If his I140 is "pending" it is not dead.
saro28
12-26 07:57 PM
It took about 4 weeks. Do you have H1-B extension? If so, I would suggest to use that instead of waiting for AP. The AP has new date instead of old one. Good Luck in getting the AP sooner.
agc2005,
Thanks for the reply.
I already send my EAD card. on Dec 11th. When did you resubmitted EAD Card and how many day USCIS took to reissue new EAD cards.
THanks
Any body who has simillary issue with AP and did you guys did. and how it took for u you to new cards.
Please send your experince.
Can I make this expedite. As I planning to go to India in Jan.
agc2005,
Thanks for the reply.
I already send my EAD card. on Dec 11th. When did you resubmitted EAD Card and how many day USCIS took to reissue new EAD cards.
THanks
Any body who has simillary issue with AP and did you guys did. and how it took for u you to new cards.
Please send your experince.
Can I make this expedite. As I planning to go to India in Jan.
more...
DallasBlue
08-01 11:53 PM
Is there a real need of seperate group other than IV.
Just curious.
we just want to group together locally to meet local lawmakers. Most importantly Senator Cornyn's office in near future and push for our goals.
And it is not any seperate group. join the yahoo group to find out who is doing what in their local cities in Texas.
Just curious.
we just want to group together locally to meet local lawmakers. Most importantly Senator Cornyn's office in near future and push for our goals.
And it is not any seperate group. join the yahoo group to find out who is doing what in their local cities in Texas.
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nirdlalegcade
02-26 12:37 PM
what if my I-485 is July 20, 2007 (it is processing), how long will it take before they can send my GC to me?
more...
gcformeornot
05-14 10:20 AM
http://immigrationvoice.org/forum/forum5-all-other-green-card-issues/1403687-new-blow-for-us.html
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arihant
05-23 06:54 AM
As many of you have been following, there are some provisions that benefit folks with advanced degree in STEM from US universities by exempting them from the Visa quota. I think CIR in its current form has a provision and the Cornyn (4005) and the Brownback (4058) ammendments that are yet to be introduced also have some such provisions.
My question is, will people who qualify under this category still have to clear labor? If so, then those of us who are stuck in BEC can only wait and watch while those who have cleared using PERM will go ahead. We could transfer from BEC to PERM but this is not as easy as it sounds. We could also apply fresh in PERM (as retrogression will not apply, hence PD will not matter) but this is also not as easy as it sounds for folks who are in 7th year or greater in H1B.
Any thoughts or comments?
My question is, will people who qualify under this category still have to clear labor? If so, then those of us who are stuck in BEC can only wait and watch while those who have cleared using PERM will go ahead. We could transfer from BEC to PERM but this is not as easy as it sounds. We could also apply fresh in PERM (as retrogression will not apply, hence PD will not matter) but this is also not as easy as it sounds for folks who are in 7th year or greater in H1B.
Any thoughts or comments?
more...
samshah
07-14 09:34 PM
We are in Houston and are interested to join.
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brit89
07-07 02:02 PM
How many years of years of W-2 form copies do we need to attach, when we file I-485 applications?
more...
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Edison99
09-23 06:57 AM
What a foresight�
Corporations save more than 10K.. It doesn't work..
Average cost of employment in US for high tech is around 90$ per hour and social security
percentage is 6%, So the max is less than 10K per year or less than 0.5 USD per hour.
These companies actually pay far less than 90$ for offshore resources..
Since it really doesn't work, it has high chances of passage into bill :rolleyes: and president will promptly sign it before this session recesses.. :cool:
It will also be passed in an unanimous consent by both parties..
Corporations save more than 10K.. It doesn't work..
Average cost of employment in US for high tech is around 90$ per hour and social security
percentage is 6%, So the max is less than 10K per year or less than 0.5 USD per hour.
These companies actually pay far less than 90$ for offshore resources..
Since it really doesn't work, it has high chances of passage into bill :rolleyes: and president will promptly sign it before this session recesses.. :cool:
It will also be passed in an unanimous consent by both parties..
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reddymjm
02-22 10:24 PM
in this dream land my friend.
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MONCYS
01-20 03:50 PM
My I-140 got approved in EB2 category in USA. My spouse who is on H4, born in U.A.E (Dubai) holds an Indian passport.
I would like to know that whether possible to apply for 485, EAD and AP using my spouse's Country of Birth.
Apprecite any help.
I would like to know that whether possible to apply for 485, EAD and AP using my spouse's Country of Birth.
Apprecite any help.
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rsayed
04-27 08:08 PM
there is no strive in senate....what r they goona debate? I don't think they are going to discuss other than circus if at all they do
Yep, true. But, sounds like there's just too many Bills floating around, this year!
Yep, true. But, sounds like there's just too many Bills floating around, this year!
more...
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howzatt
11-14 02:22 PM
As per my family experience: for my husband and daughter they issued EADs without
FP 3 weeks befor FP app-t, but mine EAD was ordered, as I've been informed by e-mail,
in a 4 days after FP was done.
So, even if Biometricals are not mandatory for EAD, but EAD Card has place for FP on it,
in some cases they(USCIS) may pretend that there are a requirements( depends from officer)
Does it have anything to do with how recently you travelled out of the country? or How recently you came into this country? My wife came to US only 6 months back and I am not sure if this has got to do anything with the whole biometrics thing?
It is probably just this IO who has a different intepretation of the rules.
FP 3 weeks befor FP app-t, but mine EAD was ordered, as I've been informed by e-mail,
in a 4 days after FP was done.
So, even if Biometricals are not mandatory for EAD, but EAD Card has place for FP on it,
in some cases they(USCIS) may pretend that there are a requirements( depends from officer)
Does it have anything to do with how recently you travelled out of the country? or How recently you came into this country? My wife came to US only 6 months back and I am not sure if this has got to do anything with the whole biometrics thing?
It is probably just this IO who has a different intepretation of the rules.
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pointlesswait
06-04 10:23 AM
looks like yours is a small bank..
call up their central customer service..or talk to the manager.... manager shoudl be of help...else..i guess u have to go in person!
call up their central customer service..or talk to the manager.... manager shoudl be of help...else..i guess u have to go in person!
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makemygc
09-19 07:21 PM
Hi Joozz,
I've faced a similar situation. My H1B was issues in Nov 2000 and I also changed employer 2 times and joined by current company in Mar 2005. As a part of H1 transfer, my visa got extended until Mar 2008, whereas my 6 year expires in Nov 2006. In April 2006, since we knew that actualy visa expiration date is Nov 2006, my employer's attorney's filed for H1 extension based on my pending labor with my current company and also clearly stating in the application that my H1 extension for 8 years is a mistake from USCIS part.
Though USCIS has not responded admitting their mistake, but I've got 1 year H1 exntesion until Nov 2007. So even though I've lost 1 year added advantage but I got my piece of mind. My company will file for 3 years extension, once we get I-140 approved.
Hope this helps,
MakeMyGC
Hi guys,
Is there anyway somebody can give me an advice what to do?
My first H1B was issued in December 2000, then I changed employer 2 times and joined my current company in January of 2005. My current employer got my visa transferred and new visa was issued till April 2006. In March my employer sent another petition for H1B extension and this petition was approved in June 2006 and it says its valid till October 2008. It means totally I can stay on H1B almost 8 years? It seems to me its some sort of clerical mistake and I am not sure that I do not violate any immigration law staying here.
Here is another thing that confuses me even more. My current employer started my GC on EB3 though. In January 2006 the employer filed I140 that has been approved May 15 2006. Even though, we did not file any additional requests (I heard I can extend H1B for 3 years with approved 140) I am wondering if USCIS figured it by themselves when they were approving my H1B petition.
Recently I have got decent job offer from another employer that willing to transfer my H1B and start my GC from the beginning. Will it be a huge risk to accept this job offer?
I am sorry for asking it here. We do not have a layer for GC procedure. I was trying to find one that can clarify my situation but layers who I found did not want to give me a legal advice even I was ready to pay for it. They were demanding $1000 retainer prior any work done.
Thanks in advance.
I've faced a similar situation. My H1B was issues in Nov 2000 and I also changed employer 2 times and joined by current company in Mar 2005. As a part of H1 transfer, my visa got extended until Mar 2008, whereas my 6 year expires in Nov 2006. In April 2006, since we knew that actualy visa expiration date is Nov 2006, my employer's attorney's filed for H1 extension based on my pending labor with my current company and also clearly stating in the application that my H1 extension for 8 years is a mistake from USCIS part.
Though USCIS has not responded admitting their mistake, but I've got 1 year H1 exntesion until Nov 2007. So even though I've lost 1 year added advantage but I got my piece of mind. My company will file for 3 years extension, once we get I-140 approved.
Hope this helps,
MakeMyGC
Hi guys,
Is there anyway somebody can give me an advice what to do?
My first H1B was issued in December 2000, then I changed employer 2 times and joined my current company in January of 2005. My current employer got my visa transferred and new visa was issued till April 2006. In March my employer sent another petition for H1B extension and this petition was approved in June 2006 and it says its valid till October 2008. It means totally I can stay on H1B almost 8 years? It seems to me its some sort of clerical mistake and I am not sure that I do not violate any immigration law staying here.
Here is another thing that confuses me even more. My current employer started my GC on EB3 though. In January 2006 the employer filed I140 that has been approved May 15 2006. Even though, we did not file any additional requests (I heard I can extend H1B for 3 years with approved 140) I am wondering if USCIS figured it by themselves when they were approving my H1B petition.
Recently I have got decent job offer from another employer that willing to transfer my H1B and start my GC from the beginning. Will it be a huge risk to accept this job offer?
I am sorry for asking it here. We do not have a layer for GC procedure. I was trying to find one that can clarify my situation but layers who I found did not want to give me a legal advice even I was ready to pay for it. They were demanding $1000 retainer prior any work done.
Thanks in advance.
mrdelhiite
08-07 10:57 AM
Though its not mentioned it is good file I-134. You are not eligible for I-864.
Yes u are right about I-864. Any employement based green card like ours ( EB2/EB3) should not file it. Here is the text from the I864 form -->
Employment-based preference immigrants in cases onlywhen a U.S. citizen or lawful permanent resident relativefiled the immigrant visa petition or such relative has asignificant ownership interest (five percent or more) in theentity that filed the petition.
Thanks a ton for your help guys. :-)
-M
Yes u are right about I-864. Any employement based green card like ours ( EB2/EB3) should not file it. Here is the text from the I864 form -->
Employment-based preference immigrants in cases onlywhen a U.S. citizen or lawful permanent resident relativefiled the immigrant visa petition or such relative has asignificant ownership interest (five percent or more) in theentity that filed the petition.
Thanks a ton for your help guys. :-)
-M
whattodo21
04-23 12:18 PM
working with USCIS may yield us better results than suing them. the process may be slow, and it won't antagonize them against us (if they are not already!)
iv is pursuing the right strategy.
iv is pursuing the right strategy.
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