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  • Sammo
    08-23 03:25 PM
    Wow - thanks for all the votes on mine :)




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  • file485
    04-10 07:29 PM
    wellwishergc..

    looks like u have some more knowledge in these matters. My ex employer got a 45day letter filed in Oct2003 EB2 case. they replied to go ahead with the case. When the labor approves and in a scenario, that employer has no project at the point of time to hire me back, can he file my 140 and then the 485...??

    That employer is not a consulting company and thus needs a position for me and is a big-big company. If I request them they will file the 140, but will taht be okay if I am not working at that time...??

    thx




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  • sam2006
    01-21 04:59 PM
    I have contacted TAMU ( texas A M)
    USC ( univ of south cali )
    Penn State

    through some of my friends

    keep posted




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  • Berkeleybee
    09-19 09:03 PM
    I hope you all took note of the fact that the article dates from May 6, 2006. Very old news. Discussed in the news article thread. IV also wrote a response to NYT.

    See
    http://immigrationvoice.org/forum/showthread.php?t=280&page=28



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  • makemygc
    07-18 12:08 PM
    There's no need for you to be negative.

    Obviously you have benefitted already from what's happened. Think about people who are stuck (just as you were up until recently) and want to 'try' to make things work for them too....

    wish people were more understanding of others also. Why is it people forget what it was like for them when they were in same boat?

    That's exactly what I'm saying. Flowers campaign has run its course and it's not going to benefit anymore. We need to come up with fresh ideas.




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  • mugwump
    11-30 12:24 PM
    I have also applied for the canadian PR 1.5 months ago. Yesterday I got a letter from canadian consulate to sit for IELTS as I am clamming 16 points on language skill with supporting documents. Now, I do not want to sit for IELTS..is there any way out? Do you guys know any small consulting firm in canada who can give me a HRSDC approved job offer? I will not mind to work for them for a year if I get my PR (it's better then waiting for GC for another 10 years)...

    I had sent my application 3 months ago w/o IELTS and had given myself 16 points. I did write a paragraph explaining that throughout my schooling in India the medium of instruction was english and i have an American bachelors degree and have been working here.

    Last month I got a letter from Buffalo asking me to submit results of IELTS exam that substantiates my assesment of 16 points. It also said that if i did not submit IELTS results they will evaluate and assess points on their own.

    I am planning to take the exam, since i am border line with 70 points and can not afford to loose points. But if you have say 80-85 points, you may not take it and let them assess you whatever they want, may be 8 or even less points and you could still qualify.



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  • japs19
    01-22 11:18 AM
    Red my other posts where I wrote my experience as I was asked the same question. But here's the answers to your questions in nut shell.

    If you have a valid H-1 visa then just stick to it and don't us AP unless you have to.
    If CBP officer don't ask, you don't tell, but if s/he does, be HONEST and tell them that you don't. It will really stir the pot but politely tell them that GC on Employment Base is for future employment and that has been my understanding and in good faith my intentions are to go and work for that employer.
    They can really harass you for hours like they did me for 6 hrs and then was told to go downtown office. BTW just on a positive note, my AP has been stamped and I am good to go.
    There is no law that defines that you have to be working for the original petitioner while your application is being processed but just ethically it's a much better situation if you are employed by the same employer. CBP offficer's argument was that "what's the guarantee that you will go and work for that employer after approval of your GC? or what is the guarantee that they will have that position open for all these years as it may take a very long time?" I told them with a chuckle on my face that if it hadn't taken USCIS 3-4 years to process that application, that wouldn't be the question but they are still processing my file...I mean how many people you gave an offer letter who you want to start after 4 years as a CBP officer?" He gave me a rude smile and walked away to secondary check section.
    Anyways....long story short, be honest, have patience and don't show desperation to enter the country.
    Good luck...
    Looks like Immigration Officers at Port of Entry are asking the AP entry individuals if they are still working from the GC sponsoring company.

    I am planning to travel on AP and is not working anymore for the GC sponsoring company.

    1. What would be the reaction of the Immigration Officer if he finds out that I am NOT working from the sponsoring company?

    2. What documents should I carry to ensure the I will be allowed to re-enter to US on AP with my current non-GC sponsoring company offer letter, pay-stubs etc?

    PLease advise




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  • desi3933
    02-18 06:21 PM
    Are guys nut? Don't you want to watch your child grow?! :confused:

    Given your situation, you guys will be staying away from kid for a decade or more. Once your wife delivers the baby in India, file for a baby's green card. For tentative dates on family reunion, please refer family based 2nd preferences at http://travel.state.gov/visa/frvi/bulletin/bulletin_4428.html - lighter note these dates or tentative only not written in stone :D

    If I were you, I would not allow your wife to give birth in India and miss watching the child grow.

    wandmaker -

    Child will be GC holder by birth, if both parents are GC holders. Child must make a trip to US before he/she turns two and trip must be with mother.

    Child will, of course, need passport. But no visa.

    This is one of the few exceptions when person does not need visa to travel.

    Hope it helps.

    _________________
    Not a legal advise.



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  • newuser
    10-07 07:56 PM
    Keep a copy of your paystub at your work place
    PS: Official comes from DHS to your office not your home

    Moreover how hard it is to keep a copy of your paystub at your desk

    Its not a matter of piece of paper. What's the guarntee that they make not start asking
    W2's, exp letters, passport copy, approval letter's etc.




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  • rc10580
    06-13 03:06 PM
    South of Brazil sounds good to me but my husband is not open to it and he is the one who is Brazilian :rolleyes:
    He is much more in favor of Europe and since I have EU passport we can basically live anywhere and he would be able to work the next day :D I feel like I have put so much effort into this by now that I'm not walking away this close. We will hang on and make decisions once we have GC and options to chose. You are so close! Don't give up now after waiting so long! Is your situation at work that bad? Is your wife working?



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  • swamy
    05-21 11:55 PM
    This I think comes from AC21 regulations as well as one of the AC21 memos that were released. It mentions that a person can get H1 beyond 6 years even though they are not maitaining the H status as long as they can prove that their GC is pending . This may include pending I-485. I think the memo says that person need not maintain H status to get extension beyond 6 years without being counted against quota.

    I think the H1 can be filed but since you are on EAD, you will not get I-94. This means that you will need to go out and get the H1 stamped and re-enter to get back on H status.

    Again, various attorneys differ on this too. So consult few good attorneys for this would be good idea.

    yes this is true (confirmed it with a top law firm)- but 140 needs to have been approved though and pd shouldnt be current. and you need to get the h1 stamped too.




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  • fide_champ
    08-04 07:05 PM
    Hi , Thanks again for the reply.

    Related to Point 3 ,reason why im trying to this is to avoid all of us leaving country due to non approval of my COS, I dont have luxury to stay on L1 beyond next 2 months..

    well, i realistically see two options here:

    1. Get your family here ASAP and apply COS for all. If your COS gets approved, most likely theirs will get approved as well. You can do yours in premium and theirs by regular. As long as they get the receipt within 2 months, they'll be in status.
    2. You can apply COS for yourself in premium and ask your family to stamp H4. If they get stuck in 221g, then it could be months before they get here. That's the downside.

    Your L1 visa stays if your COS gets rejected, so you don't have to leave immediately.



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  • trramesh
    11-19 07:55 AM
    If you know any of your friends that qualify for the survey but have not participated, pls ask them to fill it in. The more data we have, the more it is to our advantage.




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  • usirit
    11-21 12:21 AM
    I second this. In fact I would say if you are ROW-EB3, see how you can find a job that allows you to file your GC in EB2. Even if you dont like the job. You will need to stick to it maybe an year or two and then you'll have your GC and will be all set!
    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?



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  • bluez25
    07-16 01:58 AM
    i guess I am going to be in trouble in case I have to get a new PCC. I will try and get a new one when I reach India. Also update to my status is that chennai consulate has sent a letter to my local address in India about the interview appointment date.




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  • nogc12
    07-29 11:45 AM
    You can use the Eb2 failing to wait another 17 years:p



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  • rajuram
    11-08 11:54 PM
    According to the following document from USCIS they issued receipts for approx 150K applications for AOS in sept. So my estimate of the total back log is


    June filers 75k
    July - 25k
    August 200k
    Sept 150k
    Oct 50K

    Total = 500k

    http://www.uscis.gov/files/article/APPLICATIONS%20FOR%20IMMIGRATION%20BENEFITS_Septem ber07.pdf




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  • nirdlalegcade
    02-26 11:50 AM
    The above said is correct only if you have an approved AP with you.

    But I have only my H4 visa. I can go out of US with the H4 right?




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  • aamchimumbai
    12-08 12:16 PM
    Vik352,

    I am in the same situation as yours. I am assuming that this is your first AP application and not renewal, right?

    In my case, I am on H1 and my wife is on H4. For both, visa is NOT stamped in our passports. We received a letter from NSC saying that both our AP applications were approved on 10/21/08. I received my approved AP application but we never received hers. We followed up with the NSC and local USCIS office both confirmed that our application were approved. Therefore, she left US to visit India on 11/15/08. Two days later after her departure we received RFE on photos. Weird. Anyways. We did respond her RFE few days ago.

    But now the question is can she return with her approved AP, which may have a later date than her departure OR we need to go for H1/H4 stamping. I am not sure what will happen at the POE when we show up with our APs.

    Anyone in similar situation?

    Thanks.




    My wife is not H4, she is working on EAD and we applied her I-485 last July. She has to travel to India for an emegency. We applied for AP last month, have the receipt but it is not approved. Is it okay if she travels to India without AP approval? I will be here and I can take her approved AP when I go there after two months.

    I heard that if she travels without AP, her I-485 is considered abonded. Is this true? Can we apply for her H4 (as I am still on H1). Any advice on how to get her back?

    Thanks!




    eb3retro
    11-03 05:03 PM
    I have applied for my H1B extension in july and got the approval in Aug...:D

    premium processing???




    villamonte6100
    10-05 11:03 AM
    Nobody knows but my friend got his green card 2 weeks EB3 Philippines. Filed 485 June 2007.



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