Wednesday, June 8, 2011

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  • LostInGCProcess
    08-18 07:36 PM
    I thank you all for your encouraging and kind response.
    The new job I have is like a contract job to a client. A big consulting firm has hired me. So, I have not yet spoken to them about any letters that I may require in future should there be an RFE.
    My situation was very desperate to get a job...i was without job for more then 3 months and its hard to run a family...and I came to the point where we were planning to return back home....but I got the job just in the last minute, i must say....The requirement for the job was, only GC or Citizens. I told them I am on EAD they said fine we can take you as long as we don't have to sponsor you....So, I took it.
    The other issue is, I am getting paid far less then what I used to get. ..so, I don't know if that's acceptable or not with regards to the GC process.
    But the work is same. What I used to do earlier, I am doing the same kind of job here with the new client.
    So, all these factors has caused lot of confusion in my mind whether to continue with old address or not. I still have 2 more months on the lease for the old apt address...so I got some more time to think about this job.

    Thanks again for all your advice.

    Chanduv, I know you started a thread on "RFE for AR-11" to poll, but I did not followup on that.





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  • gcobsessed
    10-23 02:36 PM
    Employment based GC is based on intent to work for sponsoring employer or similar profession. For most of us, who are retrogressed, we would have worked with sponsoring employer already for 4 to 5 years. the main issue here is whether sufficient intent existed at the time of filing 140 and 485. after having been in 485 filed status for long, it is natural for intent to change.
    so, i do not see why full time MBA with 485 pending is an issue. the laws are quite unclear, for sure.

    My understanding from my lawyer is that a person's intent while filing GC should be that he will work in that position "indefinitely". So, if intent changes before the application is approved, then one might argue that the application itself should be withdrawn or is invalid.

    The regulations do seem clear on what kind of work one must take up immediately after GC is approved. But, how it is enforced and the consequences of not abiding by it are open to debate. It depends on the person's risk tolerance profile to act as he chooses...who knows what will happen 5+ years from now...





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  • meridiani.planum
    07-19 03:20 AM
    Thank you Ganguteli and Elaine for your responses.

    It appears there was a problem with the website status update. Today my attorney received a letter that my MTR has been approved. I guess my I-485 is back on track now.

    Thank you once again for your replies.

    good to hear that it worked out ok in your case!
    One Q: how long did it take for USCIS to get back to you with a confirmation that the MTR was accepted? [from the day you requested it]





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  • gc_chahiye
    11-27 06:32 PM
    USCIS just went through the laborous task of processing more than 1 million applications for 485, ead, ap combined and also sending out FP notices and guess what, come Feb-march most of us will be ready to reapply for EAD and AP and USCIS has to go through the same process and this is likely to continue for next 4-5 years atleast..All USCIS wil be doing is processing EADs and AP..

    Don't you guys think USCIS must be seriuosly thinking of a solution to clear this mess once and for all
    Options

    1) Give 3 yr ead and AP

    2) As a one time thing make priority dates of all july applications only current :) (highly unlikely)

    Give us all GCs? Nice idea, now meet reality:

    http://www.washingtonpost.com/wp-dyn/content/article/2007/05/27/AR2007052701118.html
    Last June, U.S. immigration officials were presented a plan that supporters said could help slash waiting times for green cards from nearly three years to three months and save 1 million applicants more than a third of the 45 hours they could expect to spend in government lines.

    It would also save about $350 million.

    The response? No thanks.

    Leaders of U.S. Citizenship and Immigration Services rejected key changes because ending huge immigration backlogs nationwide would rob the agency of application and renewal fees that cover 20 percent of its $1.8 billion budget, according to the plan's author, agency ombudsman Prakash .


    USCIS as well as immigration attorneys LOVE retrogression, backlogs, constant renewals...


    3 year EAD is a possiblity. Someone even mentioned that this was discussed in the last meeting with AILA. As NeedHelp! has mentioned in an earlier post as long as they charge 3x the fees, it simply reduces pain for them (& for us).



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  • yabadaba
    04-22 02:28 PM
    May-08 1-Jan-04
    i guess the question is where does it move next...we have been at april1 2004 before...will it move beyond 04 into 05 or not.





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  • songlan
    12-05 08:16 AM
    That's true for my case. My labor certification was denied once due to the naive aknowledge of my para-legal attorney. It caused my LC was delay 1 year then I was stuck by Retrogression. Again at filing I-485, if I have not carefully studied the immi laws and reviewed my case, my attorney might mess it up. Many times I found my non-professional, clumsy knowledge on Immi laws is even better than my para-legal attorney



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  • Anil_s
    06-29 05:55 PM
    Hi Ari,

    Thank you for your response.

    I have few other questions.

    As I have B1 can I stay till October?

    Incase I am going back to my country is it advisable to comeback on B1 for the gap period?

    My prime job is business development.

    Thank you again and appreciate your help!!

    Anil





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  • GCwaitforever
    09-28 02:33 PM
    Once retrogression starts, I-485 processing is held for all cases with priority date after the cut-off date.

    Even if your priority is current, I-485 will not be processed until you clear FBI name check and other security checks (and also I-140 in case of concurrent processing).

    If you believe you cleared name check process from FBI, and only processing of I-140 is holding your I-485, then switching to I-140 premium processing makes sense.

    You could try premium I-140 process and hope for name check to be cleared in time so that your I-485 is processed before retrogression kicks in.



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  • meridiani.planum
    11-04 02:41 AM
    inline...

    I thought "we are getting married soon" is implied in my post. Anyways to be more clear ..we are getting married next month i.e. December. I have recently got i 140 cleared . Next month i will have my marriage done and marriage certificate ready. Her country of birth is different that of mine i.e. not India and is current for EB-2. Could you please help me with these doubts.

    1.) I have a masters degree from USA and my employer is willing to file under EB-2. my wife is bachelors. Can i apply in EB-2 for both of us and charge it to her quota since it is current for her country.

    yes. Since your job profile seems to meet EB2 requirements and you qualify, you can file under EB2. She will be a dependent in this case, her qualifications dont really matter, the petition is based on your job and qualifications.

    2.)Would she need to be physically here in USA for filing i 485.

    for filing an adjustment of status, which is what you typically want, yes.

    3.) one of my acquaintance was telling me that the GC we get using cross chargeability is a conditonal one and not like regular GC. Is this true.?

    no. a GC through marriage is conditional, yours is through employment, so its not.

    4.)Is cross chargeability always possible or does it depend on the will and mercy of uscis.

    always possible, its the law, its not upto the discretion of the USCIS

    5.) Is it true that we might have to go through rigorous and sometimes humiliating interview processes to finally get the GC.

    no. Yours is an EB(employment based) case, you are confusing this with getting a GC through marriage to a US citizen. In that scenario people face a rigorous and indeed sometimes humiliating experience simply because USCIS does not know whether you are marrying only for the GC. (Mail-order bride - Wikipedia, the free encyclopedia (http://en.wikipedia.org/wiki/Mail-order_bride))

    6.)Does she also have to do MS to use cross chargeability and file in EB-2

    Nope, her qualifications dont matter. Think if this as a team effort: your qualifications take care of the EB2 part of things and her country of birth defines the priority date





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  • pa_arora
    04-21 04:26 PM
    Someone told me recently, if ur on EAD and 485 gets rejected, ur H1 can be reinstated. This H1 will not be from the cap and you will only be getting the left over time from 6 yrs.

    Is it true, if yes, can someone thow some light on this.



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  • eastindia
    05-03 02:39 PM
    Who asked for a combined AP and EAD?

    What help will it offer really?

    It would have been better to ask for a 5 year EAD. But some person would have posted asking for a combined document?

    What will we really do with a 2 in 1 document????





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  • Alabaman
    07-11 05:03 PM
    I am not making fun of anybody... I didnt write that. I dont even know the rep in question. Thats from ilw.com. Immigrations lawyers or something like that. This is more like a press article I am bringing to your attention.



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  • dreamworld
    05-05 12:24 PM
    Hi

    I was under the impression that there would be some talks about the discussed bills on floor this week.I see no signs of any debate or any discussion.I have some read some posts saying that nothing would happen this year. This really confuses me as I had & I think many of us had hopes that coming weeks would decide something.

    I would appreciate if someone could give everyone very clear picture of what going on ?

    Thanks
    GCcomesoon

    If you think out-off-box.... guess what? If US-govt wants to give employment-based-green card based on priority date. Then there won�t be any new immigration law in place without clearing Backlog center cases/queue and I140.

    So what... As per the labor department web site, the DOL needs another 17/18 months to clear all pending labors.

    I guess any new bill to become law will take another 19 to 24 months. Keep your spirit going to support the best immigration-bill.

    My 2 cents.





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  • sunny1000
    04-07 03:56 PM
    Hi,

    I submitted my 485 in julyEven i applied for my wife too.....we both got EAD, AP...She left to India...we have problems and we may seperate each other...So not sure when we get divorce because of outdated Indian marriage laws...Are there going to be any problems when they are adjudicating my 485 application? Her FP done and she got AP until Sep 2008...Now what will happen if USCIS sends out an FP notice for my wife...She won't be doing finger printing...Is it going effect my GC in anyway?

    It will not affect your GC in anyway. They will send RFE for your wife when it comes for adjudication. You can reply thru your lawyer, based on your marital status at that time, the appropriate answer.

    AFAIK, if she does not come back before the date mentioned in the AP (sept 2008), she will abandon the GC application unless she has a valid dual intent visa.

    Hope things work out between you and your wife.



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  • gc_chahiye
    07-09 03:50 PM
    over 250 people responded to the earlier poll and we see that atleast among IV'ites the PDs are spread all over the years (10% 20% 20% 30%-2006 10%-2007), and there are significant number of 2003/2004 PDs out there.

    This followup poll is to see how many of these people are already in the I-485 system (likely to use up visa number as soon as one is available) vs waiting to file I-485.

    ************************************************** ***************************************
    ************************************************** ***************************************
    ***DO NOT COUNT YOUR I-485 FILING IN JULY 2007 FOR THIS POLL. EVEN IF YOU FILED ON JULY 1ST OR JULY 2ND***
    ************************************************** ***************************************
    ************************************************** ***************************************

    ONLY EB2-INDIA PLEASE.

    -------------------------------------------------------------------------------------------------------------------
    This poll can be read in conjunction with another poll on EB2 priority-dates:
    http://immigrationvoice.org/forum/showthread.php?t=6128
    -------------------------------------------------------------------------------------------------------------------





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  • sertasheep
    08-23 09:42 PM
    Dear IV Members,

    We are welcoming questions for subsequent conference calls with immigration attorney Ms. Sonal Mehta-Verma.


    --------------------------------------------------------------------------
    Procedure to send in your questions:
    Email us at legal_advise@immigrationvoice.org
    Please provide us with the following information, preferably in the following format, and keep it consise and crisp:

    Name:
    City/Area:
    Added 08/26/2006: <<Country of citizenship>>:
    Question:

    REQUEST: In the interest of everyone, we request you to run a spellcheck on your questions before you email it to us, to minimize the effort taken by us to clean it up and send it to the attorney. It provides a professional touch if we use formal, business English. (ie, refrain from using slang, shorthand, abbreivations, all capitals, all lowercase, colloquialism, et-al).Microsoft Word among other Word Processors provide excellent spellcheckers and thesaurus options to help you with this.

    --------------------------------------------------------------------------



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  • fall1998
    01-12 01:42 AM
    :p
    Call me superstitious but just wanted to kick off this thread again in the hope that this miracle will repeat this year. I have a gut feeling 2011 will bring that magic moments again.

    Probably, your wish is granted (even if it is just for few hours while they correct the error :p). Why I say this? Look at visa bulletin on Mumbai Consulate's website, here's the link:

    Cut Off Dates- Consulate General of the United States Mumbai, India (http://mumbai.usconsulate.gov/cut_off_dates.html)

    By the way, if it has changed (and does not have good news when you see it), it is currently showing 'current' for EB2.

    Cheers!!!





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  • Lasantha
    09-07 12:25 PM
    I still think like_watching_paint_dry 's post is just hilarious! :D





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  • Leo07
    02-13 03:12 PM
    There is no rule/law that'll help you get a green card if you stay here for 10 years or even 50 years.

    People are not trying to be rude, just a little confused with your innocence.
    Honestly, some of us are waiting legally for more than 12 years for the green card. So, given our situation, your question tickled us.





    pappu
    09-09 08:01 PM
    http://www.h1bfraud.com

    If you are the owner of this site, pls post information how people should report any breaking of law.

    Thanks for posing IV link on your homepage.





    gc_bucs
    03-25 01:10 PM
    Well this is a organization that is run by volunteers and given what they are already doing I personally don't expect them to notify everytime a web fax is put up. I just make it a point to check the website regularly and do whatever I can to chip in...thats my 2 cents...
    Well How do you know that all the members who are registered with IV is aware of this Webfax? Did you guys notify them in anyway? Do you expect/mandate all the IV members should be checking the website/forums all the time? No Hard feeling.... Just my 2 cents



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