53885
08-16 07:20 PM
According to the EAD, she can work. She has TIN number, but I am not sure if she can use that...
TIN is not SSN. Employer would need SSN.
I guess we need another tracker for those who received EAD, but no SSN.
TIN is not SSN. Employer would need SSN.
I guess we need another tracker for those who received EAD, but no SSN.
chosenone52
10-01 09:37 PM
Hello ,
First of all, this is a great forum and members are really helpful out here!
My case is something like this
Currently I am on h1( completed 1 year) working in construction industry. My profile consist of Bachelors from India and Masters from USA.
The company I work for is not willing to go ahead with my green card. ( With the economy going south, its not wise to jump). But know a company who liked my profile and is willing to sponsor my green card-EB2. The reason they are not willing to hire now is due to economy, but willing to help me in my GC process before hiring and might pick me up at first opportunity.
Something like this: I am employed for Company A on h1 and company B is willing to do my paperwork as a future potential employee?
I had various concerns:
>> Is green card application based on future employment possible, (as in my situation)?
>> GC takes 4-5 yrs to process. What if they decide not to hire me?
>> What are the risk factors involved on my side as well as on Companies side who is sponsoring my GC?
I know its a complex situation and would appreciate thoughts and comments from all users.
Thanks
First of all, this is a great forum and members are really helpful out here!
My case is something like this
Currently I am on h1( completed 1 year) working in construction industry. My profile consist of Bachelors from India and Masters from USA.
The company I work for is not willing to go ahead with my green card. ( With the economy going south, its not wise to jump). But know a company who liked my profile and is willing to sponsor my green card-EB2. The reason they are not willing to hire now is due to economy, but willing to help me in my GC process before hiring and might pick me up at first opportunity.
Something like this: I am employed for Company A on h1 and company B is willing to do my paperwork as a future potential employee?
I had various concerns:
>> Is green card application based on future employment possible, (as in my situation)?
>> GC takes 4-5 yrs to process. What if they decide not to hire me?
>> What are the risk factors involved on my side as well as on Companies side who is sponsoring my GC?
I know its a complex situation and would appreciate thoughts and comments from all users.
Thanks
deafTunes123
09-10 09:43 AM
There is one more option. Calculate all the time you are out of US over the past 5 years and sum them up.
Eg., If you are 5 months out of country, then you can recapture those 5 months and add it to your 6th year limit. In which case you may fall in the category of applying your Labor before start of 6th. Your Lawyer should be aware of this. I know one person who did this successfully.
The other option is take 3 or 4 months off (out of country) and recapture if necessary.
Good Luck.
Eg., If you are 5 months out of country, then you can recapture those 5 months and add it to your 6th year limit. In which case you may fall in the category of applying your Labor before start of 6th. Your Lawyer should be aware of this. I know one person who did this successfully.
The other option is take 3 or 4 months off (out of country) and recapture if necessary.
Good Luck.
Brightsider
11-08 07:11 PM
Permit me to differ....with ND Bhatt.
With all due respect, I would like to point out that visas to dependents may not be the issue. The report includes all pending I-485 cases. It does not differentiate between principal applicants and derivative-dependents.
The problem must be elsewhere. Possibly, they may not have released complete and accurate figures, though I would hate to believe that. For a governmental agency that is answerable to Congress, it will be difficult for them to obfuscate beyond a point.
You are right on the 245 (i) issue. I do know a friend whose wife and child went to the consulate when their PDs became current. Since it was consular processing, it was not a case of I-485....they use some other form DS1030 or some such form.
That said, hang in there. Enjoy life while in the queue.
Best
With all due respect, I would like to point out that visas to dependents may not be the issue. The report includes all pending I-485 cases. It does not differentiate between principal applicants and derivative-dependents.
The problem must be elsewhere. Possibly, they may not have released complete and accurate figures, though I would hate to believe that. For a governmental agency that is answerable to Congress, it will be difficult for them to obfuscate beyond a point.
You are right on the 245 (i) issue. I do know a friend whose wife and child went to the consulate when their PDs became current. Since it was consular processing, it was not a case of I-485....they use some other form DS1030 or some such form.
That said, hang in there. Enjoy life while in the queue.
Best
more...
eeezzz
08-28 10:12 AM
Ron sent an inquiry and here is the answer he got
Yes I probably should have said Worldwide Employment Third. My primary concern at this point is with the China E3 cut-off date which has an extremely large amount of demand.
Ron also says
He definitely referred to China E3, not India. There has been a huge build up of Chinese E3 cases over the past few years. There has been an even larger buildup of Indian E3 over the years, but that is a given.
Visa Bulletin says
...Then with the start of the new fiscal year in October the cut-off dates would have returned to those which had applied during June. However, continued heavy demand in those categories may require the establishment of cut-off dates which are earlier than those which had applied in June....
So I predict the EB3 RoW Oct bulletin will be what it was on June Bulletin but EB3 China and India will not be the same as June bulletin.
Yes I probably should have said Worldwide Employment Third. My primary concern at this point is with the China E3 cut-off date which has an extremely large amount of demand.
Ron also says
He definitely referred to China E3, not India. There has been a huge build up of Chinese E3 cases over the past few years. There has been an even larger buildup of Indian E3 over the years, but that is a given.
Visa Bulletin says
...Then with the start of the new fiscal year in October the cut-off dates would have returned to those which had applied during June. However, continued heavy demand in those categories may require the establishment of cut-off dates which are earlier than those which had applied in June....
So I predict the EB3 RoW Oct bulletin will be what it was on June Bulletin but EB3 China and India will not be the same as June bulletin.
zimmy100
03-25 10:58 AM
TwinkleM ,
Why I said great mistake filing I 485 in EB3 COZ,
1) I have seen many people who has PD in 2006 has already received GC last year
2) I read one of the forum ( I guess it is Murthy forum), it was a little advise that if you have an opportunity go for HIGH, in my case EB2 and file I 485, if in case it get rejected or so then they are suggesting to file EB3.
3) History says after 2000 it self dates are current in 2 times one early 2000 and other one recently 2007. Look at the mass filing in 2007 and you can imagine same in early 2000.
I have been seeing EB3 at 2001 from past 3 years, all I see is May 2001 to Nov 2001 (of course it went up for small time)
And on different reply,
Attorney said she will file porting when I get a chance to file I 485 under EB2. In this economy I do not know how long I can stick to the employer.
Thanks,
Why I said great mistake filing I 485 in EB3 COZ,
1) I have seen many people who has PD in 2006 has already received GC last year
2) I read one of the forum ( I guess it is Murthy forum), it was a little advise that if you have an opportunity go for HIGH, in my case EB2 and file I 485, if in case it get rejected or so then they are suggesting to file EB3.
3) History says after 2000 it self dates are current in 2 times one early 2000 and other one recently 2007. Look at the mass filing in 2007 and you can imagine same in early 2000.
I have been seeing EB3 at 2001 from past 3 years, all I see is May 2001 to Nov 2001 (of course it went up for small time)
And on different reply,
Attorney said she will file porting when I get a chance to file I 485 under EB2. In this economy I do not know how long I can stick to the employer.
Thanks,
more...
dkupadhyay
11-25 01:14 PM
Thanks for all your replies.
My new attorney has all the e-mail communication to the congressman's office and he has replied to USCIS NOID for my I-1485 with all the details. But he believes that our case is not strong enough because we have no proof about the first I-140 filing date (the first I-140 was filed by previous attorney who is not reachable any more). We just have a copy of the first I-140 receipt. Even the first I-140 application (filed by previous attorney) has no date anywhere. My new attorney tried to get the original receipt for first I-140 or even copy of the canceled check for the application fees from the previous attorney. But previous attorney is not responding. I went to the previous attorney's office several times and found his office locked all the time.
Don't know what to do. Hopefully USCIS will pay attention to the e-mail communication with congressman and will find out some way.
Is there any legal step I can take against the previous attorney for not providing me the document? Can I file any consume complaint against him?
My new attorney has all the e-mail communication to the congressman's office and he has replied to USCIS NOID for my I-1485 with all the details. But he believes that our case is not strong enough because we have no proof about the first I-140 filing date (the first I-140 was filed by previous attorney who is not reachable any more). We just have a copy of the first I-140 receipt. Even the first I-140 application (filed by previous attorney) has no date anywhere. My new attorney tried to get the original receipt for first I-140 or even copy of the canceled check for the application fees from the previous attorney. But previous attorney is not responding. I went to the previous attorney's office several times and found his office locked all the time.
Don't know what to do. Hopefully USCIS will pay attention to the e-mail communication with congressman and will find out some way.
Is there any legal step I can take against the previous attorney for not providing me the document? Can I file any consume complaint against him?
bitzbytz
05-12 06:47 PM
waiting...
more...
mmk123
04-26 11:06 PM
Many of us came here because an American University admitted us and sent us invitation (aka I20) to attend the program and many are working here because american companies invited us and sponsored our work documents and pays us very well at par with other knowledge workers. The company and industry we work in, needs our skills (even in this recession) and that's why we are here.
Believe me, most of us won't let GC situation drive our lives and will succeed no matter where we will be and will make sure to be helpful and grateful to all people and the country we are in. May be it's India or US or Canada or else ...
Believe me, most of us won't let GC situation drive our lives and will succeed no matter where we will be and will make sure to be helpful and grateful to all people and the country we are in. May be it's India or US or Canada or else ...
ping1
07-17 05:48 PM
Dear Lofgren,
Thank you very much for your effort.
Thank you very much for your effort.
more...
pa_arora
02-10 06:32 PM
The usage for Eb4(religious worker)+Eb5(investment) for 2008 was 3699.
These two categories are undersubscribed so the real spill over impact is closer to 3699. (which might bump up Eb2 india by 1 month more than otherwise.)
Good analysis.. but whatever it is - every drop counts. ;-)
These two categories are undersubscribed so the real spill over impact is closer to 3699. (which might bump up Eb2 india by 1 month more than otherwise.)
Good analysis.. but whatever it is - every drop counts. ;-)
Ramba
06-18 06:15 PM
485 is a very simle procedure you can do your self. The best thing is download the latest I-485 form from USCIS website and spend some time in reading it. It clearly says what should be attached. Each lwyer says different things. Do not send too much. Do not send all the pages of paspoort. It will defenitly add weight.
Here is the list I sent long time back.
I-485 form
Attachements:
1. 140 approval notice
2. Offer letter.
3. Fee
These three are very important.
3. 4 biographic pages
4.Medical cover.
5. Latest I-94
6. All the approval notice to prove your non-immigrant stay (most cases H1B approval notices)
7. Bio-graphic and visa pages of old and new passport.
8. Birht certificate.
Dependent and Child.
All the 3 to 8.
1.I-134 (sponsership)
2. Bank statemnet (no tax or w2 forms, not needed)
3. Marrage certificate.
Thats all.
got RFE for Birth certifcate, as it was late registered. I sent a affidavit and very old school document in response to RFE.
Here is the list I sent long time back.
I-485 form
Attachements:
1. 140 approval notice
2. Offer letter.
3. Fee
These three are very important.
3. 4 biographic pages
4.Medical cover.
5. Latest I-94
6. All the approval notice to prove your non-immigrant stay (most cases H1B approval notices)
7. Bio-graphic and visa pages of old and new passport.
8. Birht certificate.
Dependent and Child.
All the 3 to 8.
1.I-134 (sponsership)
2. Bank statemnet (no tax or w2 forms, not needed)
3. Marrage certificate.
Thats all.
got RFE for Birth certifcate, as it was late registered. I sent a affidavit and very old school document in response to RFE.
more...
lccleared
08-02 11:11 AM
Thanks for your effort. I am in.
ghost
06-22 01:14 PM
Just an assessment on where we are collectively as a group:
312 new members in June 2006
1100 new members in May 2006
1400 new members in April 2006
1000 new members in March 2006
400 new members in February 2006
600 new members in January 2006
4812 in total membership.
Each one of us should personally get involved in engaging legal immigrants who are affected by the retrogression problem. It is hard to imagine that there are 6-figure number of people in retrogression but there are less than 5-figure number (4812) of people participating in this voluntary effort undertaken by IV.
Please talk to people around you and make them aware of the situation. Creating an account in IV and clicking a button to send web faxes is the least these people can do for their own benefit.
I'm sure that IV core will also become stronger and can gain more leverage during negotiations/lobbying with the appropriate authorities.
On a side note, please have some faith in the strategic decisons made by IV core. I understand that a lot of people here are desperate to see some progress but I personally feel that IV core is on a great strategic path to acheive our goals. In the mean time, if each of us can do our part by recruiting 10 people to join IV by the end of July. We will be stronger and more effective.
Just imagine if our membership is close to 50000 by the end of July, we can take a rally just like the Irish lobby group. Ours will be much legitimate because we are not rallying for illegal immigrants, unlike them. So divert your time resources in the next month in achieving this goal and leave the strategic decision making to IV Core and QGA.
Peace out!
312 new members in June 2006
1100 new members in May 2006
1400 new members in April 2006
1000 new members in March 2006
400 new members in February 2006
600 new members in January 2006
4812 in total membership.
Each one of us should personally get involved in engaging legal immigrants who are affected by the retrogression problem. It is hard to imagine that there are 6-figure number of people in retrogression but there are less than 5-figure number (4812) of people participating in this voluntary effort undertaken by IV.
Please talk to people around you and make them aware of the situation. Creating an account in IV and clicking a button to send web faxes is the least these people can do for their own benefit.
I'm sure that IV core will also become stronger and can gain more leverage during negotiations/lobbying with the appropriate authorities.
On a side note, please have some faith in the strategic decisons made by IV core. I understand that a lot of people here are desperate to see some progress but I personally feel that IV core is on a great strategic path to acheive our goals. In the mean time, if each of us can do our part by recruiting 10 people to join IV by the end of July. We will be stronger and more effective.
Just imagine if our membership is close to 50000 by the end of July, we can take a rally just like the Irish lobby group. Ours will be much legitimate because we are not rallying for illegal immigrants, unlike them. So divert your time resources in the next month in achieving this goal and leave the strategic decision making to IV Core and QGA.
Peace out!
more...
Libra
07-15 04:10 PM
Its very simple, they are anti-immigrant channels, dont you know lou dobbs, o'rielly anti-immigrant shows have more ratings, so there is no way they want their viewer change their mind on immigration system. they are surviving on anti-immigrant programs.
All we can do is exposing their lies, and make atleast few of them know most trusted new channels are not so trustable.
I have the same question. If somebody knows please let us know
All we can do is exposing their lies, and make atleast few of them know most trusted new channels are not so trustable.
I have the same question. If somebody knows please let us know
quizzer
08-18 01:49 PM
Need help ....
Today I receive an email from USCIS about my PERM EB2 I-140 PP application that they have have made a decision on my case. Here what it says
"On August 17, 2007, we mailed you a decision on your I140, IMMIGRANT PETITION FOR ALIEN WORKER. Please follow the instructions on the notice. If you move before you receive the notice, please contact customer service."
What does it mean? They approved my case or denied it? Any idea from gurus here. Please respond.
whats your receipt date and service/center (NSC/TCS)?
Today I receive an email from USCIS about my PERM EB2 I-140 PP application that they have have made a decision on my case. Here what it says
"On August 17, 2007, we mailed you a decision on your I140, IMMIGRANT PETITION FOR ALIEN WORKER. Please follow the instructions on the notice. If you move before you receive the notice, please contact customer service."
What does it mean? They approved my case or denied it? Any idea from gurus here. Please respond.
whats your receipt date and service/center (NSC/TCS)?
more...
kaushik07
10-30 08:13 AM
Iam july 2nd filers for I-485, I-765 and I-131 at the Nebraska Service center. Haven't seen any activity yet. called the USCIS last evening and the answer I got is still not in the system. Is there anyone who is still in the same boat? please update!
mena
11-26 11:36 AM
Hi,
I received an RFE on my AP and it's says Proof of that I have complied with NSEERS. Now how do I proof this as looks like nobody have got such an RFE.
Thanks
I received an RFE on my AP and it's says Proof of that I have complied with NSEERS. Now how do I proof this as looks like nobody have got such an RFE.
Thanks
ksrk
06-02 07:01 PM
I'm sorry -- I didn't follow. Can I use the H1-B which has been extended for 3 yrs since my 140 was approved already for a yr and the visa numbers weren't current? (I've already used up by 6 yrs)
Thanks,
Murali
Sorry Murali, I wasn't clear in my earlier post.
1. Your new "extended for 3-yrs" H1B can be trasferred to your new employer. Your new employer files for the transfer of this approved H1B and you can work for the new employer legally with no hassles.
2. Now regarding your green card, since your PD is not current and you haven't been able to apply for AOS yet (and thus, "AOS pending for 180 days" isn't relevant either), you will have to restart your GC process - PERM and then I-140 followed by I-485 (when PD is current). At the last stage, when you apply for I-485 (AOS), you can recapture your older PD (Feb 2008), but not before that.
3. If you wait till you are able to file your AOS and then 180 days after you do file it, and THEN move to a similar job, then you won't have to restart your GC process. Now, given the current visa bulletin, this is hard to predict and there are no guarantees your job offer will still be available at that time.
Hope this clarifies my earlier post - sorry for the confusion.
Thanks,
Murali
Sorry Murali, I wasn't clear in my earlier post.
1. Your new "extended for 3-yrs" H1B can be trasferred to your new employer. Your new employer files for the transfer of this approved H1B and you can work for the new employer legally with no hassles.
2. Now regarding your green card, since your PD is not current and you haven't been able to apply for AOS yet (and thus, "AOS pending for 180 days" isn't relevant either), you will have to restart your GC process - PERM and then I-140 followed by I-485 (when PD is current). At the last stage, when you apply for I-485 (AOS), you can recapture your older PD (Feb 2008), but not before that.
3. If you wait till you are able to file your AOS and then 180 days after you do file it, and THEN move to a similar job, then you won't have to restart your GC process. Now, given the current visa bulletin, this is hard to predict and there are no guarantees your job offer will still be available at that time.
Hope this clarifies my earlier post - sorry for the confusion.
factoryman
02-09 07:46 PM
Feel free to use this material and beat the efforts to snatch unused EB3 visas. Demand that these be allocated to all retrogressed categories.
U.S. Plan to Lure Nurses May Hurt Poor Nations
As the United States runs short of nurses, senators are looking abroad. A little-noticed provision in their immigration bill would throw open the gate to nurses and, some fear, drain them from the world's developing countries.
............
The exodus of nurses from poor to rich countries has strained health systems in the developing world, which are already facing severe shortages of their own. Many African countries have begun to demand compensation for the training and loss of nurses and doctors who move away.
....................
Public health experts in poor countries, told about the proposal in recent days, reacted with dismay and outrage, coupled with doubts that their nurses would resist the magnetic pull of the United States, which sits at the pinnacle of the global labor market for nurses.
..............
Removing the immigration cap, they said, would particularly hit the Philippines, which sends more nurses to the United States than any other country, at least several thousand a year. Health care has deteriorated there in recent years as tens of thousands of nurses have moved abroad. Thousands of ill-paid doctors have even abandoned their profession to become migrant-ready nurses themselves, Filipino researchers say.
................
Holly Burkhalter, with Physicians for Human Rights, an advocacy group, said the nurse proposal could undermine the United States' multibillion-dollar effort to combat AIDS and malaria by potentially worsening the shortage of health workers in poor countries. "We're pouring water in a bucket with a hole in it, and we drilled the hole," she said.
LINK at NYTIMES.COM (http://www.nytimes.com/2006/05/24/world/americas/24nurses.html?ex=1171170000&en=5f216b04314ec71c&ei=5070) (requires free registration)
U.S. Plan to Lure Nurses May Hurt Poor Nations
As the United States runs short of nurses, senators are looking abroad. A little-noticed provision in their immigration bill would throw open the gate to nurses and, some fear, drain them from the world's developing countries.
............
The exodus of nurses from poor to rich countries has strained health systems in the developing world, which are already facing severe shortages of their own. Many African countries have begun to demand compensation for the training and loss of nurses and doctors who move away.
....................
Public health experts in poor countries, told about the proposal in recent days, reacted with dismay and outrage, coupled with doubts that their nurses would resist the magnetic pull of the United States, which sits at the pinnacle of the global labor market for nurses.
..............
Removing the immigration cap, they said, would particularly hit the Philippines, which sends more nurses to the United States than any other country, at least several thousand a year. Health care has deteriorated there in recent years as tens of thousands of nurses have moved abroad. Thousands of ill-paid doctors have even abandoned their profession to become migrant-ready nurses themselves, Filipino researchers say.
................
Holly Burkhalter, with Physicians for Human Rights, an advocacy group, said the nurse proposal could undermine the United States' multibillion-dollar effort to combat AIDS and malaria by potentially worsening the shortage of health workers in poor countries. "We're pouring water in a bucket with a hole in it, and we drilled the hole," she said.
LINK at NYTIMES.COM (http://www.nytimes.com/2006/05/24/world/americas/24nurses.html?ex=1171170000&en=5f216b04314ec71c&ei=5070) (requires free registration)
waiting4gc
07-17 07:33 PM
eb2/eb3
I am from Africa..my Priority date is 9-2004 - Labor, and I 140 approved. havent filed the 485 yet - But i guess I will....So my question was if i get married like in Dec or so...can i apply for the GC for my wife...Thanks! Cheers..Just joined today.....this site rocks!
Ps how do i post like a new topic without replying... and I am on h 1 b paper only..not stamped in passport..exp 6-2009
I am from Africa..my Priority date is 9-2004 - Labor, and I 140 approved. havent filed the 485 yet - But i guess I will....So my question was if i get married like in Dec or so...can i apply for the GC for my wife...Thanks! Cheers..Just joined today.....this site rocks!
Ps how do i post like a new topic without replying... and I am on h 1 b paper only..not stamped in passport..exp 6-2009
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