cache22
06-14 12:18 AM
Congrats to all who can apply for I 485.oUR situation is that my husband is a fellow in medicine speciality and already been offered a job which he wil start in july 2008.Our details
lc approved for the future job
i 140 pending.
Are we eligible to apply for i 485 ..ead for a future job etc.
I am on h4 .
Thanks People.
Hi,
Yes, 485 is for future job, you can apply 485. Lawyers do recommend candidate to join the firm ASAP.
If you have any questions, feel free to send me a message.
All the best !!
lc approved for the future job
i 140 pending.
Are we eligible to apply for i 485 ..ead for a future job etc.
I am on h4 .
Thanks People.
Hi,
Yes, 485 is for future job, you can apply 485. Lawyers do recommend candidate to join the firm ASAP.
If you have any questions, feel free to send me a message.
All the best !!
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eb_retrogession
03-17 11:17 AM
I dont see anything which will allow us to file for 485 as soon as the labor is approved, s1932 had a point whcih would allow us to file for 485 without waiting for the priority date.
Or am I missing some thing.
If this amendment can be included, and all our provisions passed, then Bill Frist for president :D
Or am I missing some thing.
If this amendment can be included, and all our provisions passed, then Bill Frist for president :D
knnmbd
07-06 01:05 PM
Good one :-)
:p
Well it would be easier to work with Oracle, Microsoft etc and get their support and provide your support to them.
Get support from whom? The same corporations that want to outsource jobs to low cost countries AND also lobby for H1B increase, again to keep wages low and all this to increase their bottom line. We need to re think our strategy and get it straight as to who is on our side and who is not.
:p
Well it would be easier to work with Oracle, Microsoft etc and get their support and provide your support to them.
Get support from whom? The same corporations that want to outsource jobs to low cost countries AND also lobby for H1B increase, again to keep wages low and all this to increase their bottom line. We need to re think our strategy and get it straight as to who is on our side and who is not.
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CaliGC
06-14 03:17 PM
Vinn,
Here are just a few that I can think of rightaway.
1. Once shifted to EAD you loose opportunity to renew or apply for a new H1B if you have not completed six years though.
2. You have to apply for EAD renewal every year and much in advance. H1Bs are issues for 3 year periods.
3. Suppose there is a delay in getting the renewal, you are NOT allowed to work until the renewal comes through. Renewal duration depends on the work load.
4. Fee of EAD is being hiked to $340 per year.
5. Couple of my EAD starting date was the approval date even though the current EAD had not exipred effectively loosing couple of months validity each time.
6. Due to some issues if I-485 gets revoked the EAD/AP are invalidated the very next moment and you accumulate illegal stay and would not have time to get the process going.
On the other hand having a H1B you can apply for EAD any time or not even apply if you have sufficient validity on it. Suppose the I-485 gets rejected you can reapply for a new one or from an another employer and still work/live legally in the US.
EAD allows you to work any type/number of jobs that is the big PLUS though!
TIA
Here are just a few that I can think of rightaway.
1. Once shifted to EAD you loose opportunity to renew or apply for a new H1B if you have not completed six years though.
2. You have to apply for EAD renewal every year and much in advance. H1Bs are issues for 3 year periods.
3. Suppose there is a delay in getting the renewal, you are NOT allowed to work until the renewal comes through. Renewal duration depends on the work load.
4. Fee of EAD is being hiked to $340 per year.
5. Couple of my EAD starting date was the approval date even though the current EAD had not exipred effectively loosing couple of months validity each time.
6. Due to some issues if I-485 gets revoked the EAD/AP are invalidated the very next moment and you accumulate illegal stay and would not have time to get the process going.
On the other hand having a H1B you can apply for EAD any time or not even apply if you have sufficient validity on it. Suppose the I-485 gets rejected you can reapply for a new one or from an another employer and still work/live legally in the US.
EAD allows you to work any type/number of jobs that is the big PLUS though!
TIA
more...
Kodi
06-26 12:11 PM
Did they change it to add a clause that illegal immigrants need to leave USA and re-enter in order to apply for Z visa?
mundada
01-13 09:09 AM
I disagree with you. I will try again but you can continue to disagree with me.
Guy from ROW joins Company A in 2001. The Company A files his EB2 ROW in 2004.
Guy from Retrogressed Country (India/China) joins same Company A in 2001. The Company A files his EB2 India in 2004.
Both guys are brilliant and have same talent.
ROW guy gets approval in 2005, while Retrogressed guy has not got approval even in 2010.
ROW guy gets promotion and moves up in the ladder in 5 years from 2005 to 2010, while Retrogressed guy cannot move up the ladder even though he qualifies for the promotion because he does not have green card and is required to maintain same or similar job.
Agreed immigration is benefit. But immigration laws should apply equally. It cannot be the case that people from only few countries are retrogressed by 5 more years than the people from all the other countries, which causes people from few countries to be at disadvantage at work.
It would have been fine legally if people from all the countries had to wait for green card for same amount of time, even for 10 years because immigration is benefit.
I think when the law was designed this situation was not considered. Hence, I think the law as it is has had an unintended consequence of discrimination at work.
I therefore think if someone with EB2 from 2004 or EB3 from 2002 has a good chance of convincing EEOC of work discrimination because
CAUSE:
1. He/She is required to have same or similar job; AND
2. He/She is qualified for the promotion; AND
3. People in his/her group and in the same/similar situation who were from ROW received their GC at least 3 years earlier and have got the promotion; AND
4. People from only few countries are retrogressed; AND
5. The only reason for his/her not receiving the GC is visa number unavailability because of country quota and there is no other reason
EFFECT: (though unintended)
He/She cannot get promotion; while his collegue from ROW can i.e. People from only few countries are at disadvantage at work compared to people from ROW.
You are missing the key point here.
Equal Employment Opportunity applies only to applicants who are eligible to apply for that job. It does NOT apply to immigrant visa allocation and any other visa benefit such as H-1B approval.
In other words, Equal Employment Opportunity is applicable to US Citizens and residents with work authorization (Green Card holders, EAD holders, person with H-1B approved) and this is limited to job hiring, job promotion, discharge, pay, fringe benefits, job training, classification, referral, and other aspects of employment. This does not extend to immigration benefit or opportunity lost due to lack of immigration benefit (such as I-485 approval).
________________
Not a legal advice.
Guy from ROW joins Company A in 2001. The Company A files his EB2 ROW in 2004.
Guy from Retrogressed Country (India/China) joins same Company A in 2001. The Company A files his EB2 India in 2004.
Both guys are brilliant and have same talent.
ROW guy gets approval in 2005, while Retrogressed guy has not got approval even in 2010.
ROW guy gets promotion and moves up in the ladder in 5 years from 2005 to 2010, while Retrogressed guy cannot move up the ladder even though he qualifies for the promotion because he does not have green card and is required to maintain same or similar job.
Agreed immigration is benefit. But immigration laws should apply equally. It cannot be the case that people from only few countries are retrogressed by 5 more years than the people from all the other countries, which causes people from few countries to be at disadvantage at work.
It would have been fine legally if people from all the countries had to wait for green card for same amount of time, even for 10 years because immigration is benefit.
I think when the law was designed this situation was not considered. Hence, I think the law as it is has had an unintended consequence of discrimination at work.
I therefore think if someone with EB2 from 2004 or EB3 from 2002 has a good chance of convincing EEOC of work discrimination because
CAUSE:
1. He/She is required to have same or similar job; AND
2. He/She is qualified for the promotion; AND
3. People in his/her group and in the same/similar situation who were from ROW received their GC at least 3 years earlier and have got the promotion; AND
4. People from only few countries are retrogressed; AND
5. The only reason for his/her not receiving the GC is visa number unavailability because of country quota and there is no other reason
EFFECT: (though unintended)
He/She cannot get promotion; while his collegue from ROW can i.e. People from only few countries are at disadvantage at work compared to people from ROW.
You are missing the key point here.
Equal Employment Opportunity applies only to applicants who are eligible to apply for that job. It does NOT apply to immigrant visa allocation and any other visa benefit such as H-1B approval.
In other words, Equal Employment Opportunity is applicable to US Citizens and residents with work authorization (Green Card holders, EAD holders, person with H-1B approved) and this is limited to job hiring, job promotion, discharge, pay, fringe benefits, job training, classification, referral, and other aspects of employment. This does not extend to immigration benefit or opportunity lost due to lack of immigration benefit (such as I-485 approval).
________________
Not a legal advice.
more...
reddog
05-29 03:28 PM
I have never flown Air France before and I will never fly them again, even if they are the cheapest. And I mean it.
If every indian can do that, it will bring a change in attitude.
If every indian can do that, it will bring a change in attitude.
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sanju
04-10 03:55 PM
and then theres sanju, whenever a talk on why people should pay, comes up, he has only one compaison to make:
"Dont you pay to your Cable company to watch Television?"
Don't you? :p
"Dont you pay to your Cable company to watch Television?"
Don't you? :p
more...
Lasantha
07-09 04:33 PM
Can you send multiple applications in the same package.
Coz. my attorney gave me a tracking number and there are almost 4 names in the reference section of the Fedex Online Tracking System.
Same here. There were three other names for my tracking number. I guess that's OK.
Coz. my attorney gave me a tracking number and there are almost 4 names in the reference section of the Fedex Online Tracking System.
Same here. There were three other names for my tracking number. I guess that's OK.
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go_guy123
08-09 03:31 PM
go_guy123, since you have MS+MBA, you should seriously consider applying for US GC in EB1 category. I know a friend who had similar qualifications and he got this EB1 GC approved within a year. You need not be in US to apply in EB1 and you can do all the paperwork in Canada via consular processing. My .02 cents.
I dont think MS+MBA makes a case for EB1. Anyway I can look into it. Pease PM me some details/contact of your friend if you can give.
I know long long back in early 90s they were liberal about EB1, not any more.
I dont think MS+MBA makes a case for EB1. Anyway I can look into it. Pease PM me some details/contact of your friend if you can give.
I know long long back in early 90s they were liberal about EB1, not any more.
more...
lvgc
06-25 12:20 PM
I and few of my friends called into Rep. Smith's office. The reply we got was that it would be effective only if more of his constituents called.
So, we need to get more locals from Rep. Smiths district to call ...
So, we need to get more locals from Rep. Smiths district to call ...
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walking_dude
10-07 10:40 AM
Kumar,
Are you attending 10/20 meeting at Troy Community Center (Troy) at 10:00 am [ Details are published else where in this thread]?
Also, chintu25 (sam) was looking for someone from Grand Rapids to talk to local (Grand Rapids) media reporter interested in doing a story on EB GC wait period. You should contact him and use this opportunity to highlight our issue and the way we have come together as 'Immigration Voice' to change the situation through lobbying and grassroots-level action
Hello Members ,
Is there any one living in and around Grand Rapids ?? Please mail me
thanks
kumar
Are you attending 10/20 meeting at Troy Community Center (Troy) at 10:00 am [ Details are published else where in this thread]?
Also, chintu25 (sam) was looking for someone from Grand Rapids to talk to local (Grand Rapids) media reporter interested in doing a story on EB GC wait period. You should contact him and use this opportunity to highlight our issue and the way we have come together as 'Immigration Voice' to change the situation through lobbying and grassroots-level action
Hello Members ,
Is there any one living in and around Grand Rapids ?? Please mail me
thanks
kumar
more...
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msyedy
02-11 06:01 PM
Pappu's post
Other companies/coalitions have stopped pushing for temporary H-1B increase as they do not want to be in the bad books of committee chairmen and the leadership offices by trying to sneak temporary relief that divides the supporters of CIR. Leadership wants support for CIR and want all sides to wait for CIR. And not doing so and trying to get interim relief before CIR would put them in bad books of Senate and House leadership, which no one wants coz if CIR fails, then after CIR, these offices will not co-operate with any group that tried to take away support from CIR. So it would be counter-productive politically to do things that take away good stuff from CIR. Also, if you think that any effort in the final week could help in anyway, then let me to share with you that most provisions and their language are decided much in advance and last minute efforts almost never yield any result on the Hill."
I don't want to oppose IV, but think it this way.. If Microsoft and many big companies asking an increase in H1-B for so many years did not get anything done since 2005, then what are our chances of our voice even reaching them.
Everyone were so desparatly waiting for the I-485 relief before 15th feb.
Now that we know that the provisions and their language are decided much in advance, can we know if senate is really going to introduce CIR next month and are inclined towards passing it.
After reading the complete post, I have come to conclusion that we cannot
hope confidently that anything can pass this year or in the comming years.
Other companies/coalitions have stopped pushing for temporary H-1B increase as they do not want to be in the bad books of committee chairmen and the leadership offices by trying to sneak temporary relief that divides the supporters of CIR. Leadership wants support for CIR and want all sides to wait for CIR. And not doing so and trying to get interim relief before CIR would put them in bad books of Senate and House leadership, which no one wants coz if CIR fails, then after CIR, these offices will not co-operate with any group that tried to take away support from CIR. So it would be counter-productive politically to do things that take away good stuff from CIR. Also, if you think that any effort in the final week could help in anyway, then let me to share with you that most provisions and their language are decided much in advance and last minute efforts almost never yield any result on the Hill."
I don't want to oppose IV, but think it this way.. If Microsoft and many big companies asking an increase in H1-B for so many years did not get anything done since 2005, then what are our chances of our voice even reaching them.
Everyone were so desparatly waiting for the I-485 relief before 15th feb.
Now that we know that the provisions and their language are decided much in advance, can we know if senate is really going to introduce CIR next month and are inclined towards passing it.
After reading the complete post, I have come to conclusion that we cannot
hope confidently that anything can pass this year or in the comming years.
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Suva
05-18 08:18 PM
I have also forwarded this to 6 of my friends.
more...
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saileshdude
09-12 07:42 PM
This is a very common problem. They are not following their own rules when it comes to 180 day rule of I-140 revocation. And I have heard AC21 letter almost never reaches your file. But because you have filed AC21 , you are in good shape. You have all the proof that you did send the AC21 letter and I-140 was revoked after 180 days.
So you will be able to open this case using MTR. Do not worry , you just need good lawyer to represent you.
So you will be able to open this case using MTR. Do not worry , you just need good lawyer to represent you.
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gomirage
06-15 01:42 AM
Thanks for writing. Supposing everything goes smoothly, what is on average the time frame to get to the stage where you get a PD. I'm not looking for miracles to get GC through nobel prize or gold medal. Just trying to have an idea here. Take it easy on a the poor man bro :)
If there was much advice we could give about expediting the process, there would be very few people on this board, unfortunately!
Even those who are just eligible to file for the last stage, its likely to take years longer on average.
Other than suggesting you win a Nobel prize, win an Olympic gold medal, or select the country of your birth, there is little feasible that I can say.
The good news is, things could move a lot faster than those of us that are or were stuck in the Backlog Elimination Centers.
Oh - and those talking about the reintroduction of CIR - remember, it also was taking out pretty much all AC21 provisions which will still affect people on EAD
If there was much advice we could give about expediting the process, there would be very few people on this board, unfortunately!
Even those who are just eligible to file for the last stage, its likely to take years longer on average.
Other than suggesting you win a Nobel prize, win an Olympic gold medal, or select the country of your birth, there is little feasible that I can say.
The good news is, things could move a lot faster than those of us that are or were stuck in the Backlog Elimination Centers.
Oh - and those talking about the reintroduction of CIR - remember, it also was taking out pretty much all AC21 provisions which will still affect people on EAD
more...
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harrydr
06-11 06:47 AM
Dates moving forward is a good sign and also based upon USCIS prediction of dates reaching to April 2006 by the end of FY, i don't think dates will retrogress but with these folks you never know.
Anyways, a sideline question is even though they are moving the dates, why don't they let other applicants waiting for their date to be current file 485. Filing 485 could give them flexibility and income for USCIS. Right??
Anyways, a sideline question is even though they are moving the dates, why don't they let other applicants waiting for their date to be current file 485. Filing 485 could give them flexibility and income for USCIS. Right??
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GC_2004
07-20 04:42 PM
I completely agree with U. Let Us Fight.
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kevin08
05-21 08:49 PM
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eb3_nepa
03-08 03:34 PM
I totally agree with you. Besides all our spouses wud LOVE that idea :)
Unfortunately i doubt that anyone wud raise it in the senate. As it is the H1Bs are facing issues, can u imagine the uproar NumbersUSA wud create on hearing this. There are a LOT of things wrong with the US immigration system.
Just curious, how is H4s not working a "Discrimination"?
Unfortunately i doubt that anyone wud raise it in the senate. As it is the H1Bs are facing issues, can u imagine the uproar NumbersUSA wud create on hearing this. There are a LOT of things wrong with the US immigration system.
Just curious, how is H4s not working a "Discrimination"?
NolaIndian32
05-01 10:51 AM
New count approx $8,411.
Go IV
Go IV
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