Thursday, June 9, 2011

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  • chanduv23
    11-26 02:00 PM
    Folks - due to an unforeseen emergency Attorney Prashanthi Reddy was not able to make it on November 20th to IV chat.

    The next IV Chat with Attorney Prashanthi Reddy will be on Thursday, December 4th at 9.30 PM EST.

    If there is any change that I know of, I will post it on this thread




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  • logiclife
    07-17 04:14 PM
    Congrats Retrohatao.

    What's depressing about the process is that it takes so long for greencard that people dont even remember their priority date by the time they get greencards.

    Retrohatao has posted PD of his first GC file as :"Sometime in 1998". Note the word sometime.

    This word, "Sometime" shows the delay.

    In America, glaciers move faster then the Greencard process.

    That's the reason Universities are going to pay a dear price of all this when the next generation of potential students and research scholars dont come here.




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  • jonty_11
    12-26 11:44 AM
    Just allowing filing of I-485 while You are retrogressed, is a boon, so u can get EAD and are allowed to change Jobs in the Same profession




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  • royus77
    06-21 08:48 PM
    If there is a valid I-94 that you can mention on 485 form and if that I-94 is not expired and it is also the latest I-94, then you may be ok.


    What if the I 94 is expired and an H1B extension is filed and still waiting for the Approval ?Will that one will also be rejected or by attaching the receipt copy will be good enough?



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  • MetteBB
    05-16 03:48 PM
    hey kirupa...

    will any of these stamps be added up? http://www.senocular.com/smilies/think.gif


    /mette




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  • starscream
    05-30 11:08 AM
    Here is a general question to all:

    My understanding is that immigration reform bill that the house is set to discuss in June (STRIVE Act) does not recommend a point based system instead it incoporates certain elements of SKILL Bill like inc. H1B quota / reducing EB backlog. So let us say in June if the house passes the STrive Act and by then the Senate has already passed the CIR with MBS then how does Congress decide between the MBS of the Senate CIR and the EB proposals of the STRIVE Act. How will they choose between the two?



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  • i99
    08-30 06:25 PM
    Sayanora,

    Thanks, I will let know if I get anything better.

    :)




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  • GC109
    06-22 02:54 AM
    Labor process through PERM can take anywhere from 3 weeks to more than a year (after filing). Most time consuming part is (if you are just initaing the process with your employer) the pre-filing documentation.


    If you have a masters or better, and your current job does not REQUIRE a Masters degree, then you might want to ask HR to change/tweak your job profile. If thats an option and they are willing to do it, might take some time, but in the longer run, you will be better off under EB2 than EB3.


    You will need letters from all your previous employers, verifying the job discription


    Once that is in hand, your company will have to post your job in a newspaper/internal company website/job board and also in a visible place in your company premises for a month (X + 30 days)


    After that 30 day period, you wait for any responses for an addidtional 30 days (X+60 days)


    After that, your company/HR/Lawyer would need some time to put everything together before filing (X + 70 days)

    Bear in mind this is the best case scenario. I started the process in December mid...filed for Labor in 1st week of June.
    On your second point (dates being current), Iam very doubtfull that by the time Iam ready to file for 140/485, the dates will be current.

    And ofcourse, if this ain't too daunting, THE CIR might put a wrench in your best laid plans, There is a talk about May 15th being the deadline for this process, untill Oct-08 when the new point system comes into play...good luck

    Thanks for your response. You have got your Labor approved but don't you think that u can file I140 and 485 concurrently by end of July? Where do think that ur filing is going to get delayed?



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  • ek_bechara
    10-01 04:49 PM
    Take it as a compliment. There is nothing wrong in what Joe Biden said. If you watch the last second of the video, Joe has both his hands on the Indian guy's shoulders and I'm sure he must have said good things after that as well.

    I have a word of advice for you. Don�t use TOI (Times of India) style headlines to mislead people into reading your post. If you are one of those Indians who has an innate desire to look at everything with a shade of pink glasses you should reconsider living here. Airlines don�t fly one way from India to US. You can always take the flight back home. 16-hour workdays, a fantastic work life balance, and all basic amenities await you in the land of kamadhenu (the sacred mythological cow that gave the Hindu Gods everything they needed for a happy life)




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  • sledge_hammer
    06-29 10:34 AM
    I thought of adding that in the poll as I am in a similar situation. The only difference for me is that the attorney is a very big law firm and are EXTREMELY busy. My compnay is not able to do anything either since their involvement in I-485 is negligible.

    I am in a bit of a pickle here :(

    How about adding "No control as Lawyer will not inform when he will file".
    This option may be valid for many users using the Corporate attorney.



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  • needhelp!
    10-24 10:34 AM
    for gary!




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  • joydiptac
    04-14 02:58 PM
    Hi All,

    Please advise me on status below.

    My wife currently working on EAD, previusly she is on H1B and here employer cancelled H1B when she took permanent.
    Before coming to EAD, she travelled abrod and got I-94 till Sep-2010.
    My Question is: Does she needs to get new I-94 after Sep-2010. I believe if she goes out of country she gets I-94 when travelling with AP...is this correct?? Can someone please tell me necessary steps to take care to maintain status when on EAD.

    Thanks,
    Vishwa.

    I have been advised by some good attorneys that with AOS you do not need to go out and come back just to change status from Non-immigrant to Parolee or to extend I-94. AOS protects status and will not accrue any illegal presence. If you have vacation planned by all means go (take your AP along).
    There is however a Neufeld Memo which if conservatively interpreted will mean that you have to either maintain Non-immigrant status or become a parolee (come back in AP).
    �Example 2: An alien is admitted as a nonimmigrant, with a Form 1-94 that expires on January 1, 2009. On October 5, 2008, he properly files an application for adjustment of status. He does not, however, file any application to extend his nonimmigrant stay, which expires on January 1, 2009. The adjustment of status application is still pending on January 2, 2009. On January 2, 2009, he become subject to removal as a deportable alien under section 237(a)(1 )(C) of the Act because he has remained after the expiration of his nonimmigrant admission. For purposes of future inadmissibility, however, the pending adjustment application protects him from the accrual of unlawful presence. �
    -Source: http://www.laborimmigration.com/wp-content/uploads/2009/05/neufeld-memorandum-may-6-2009.pdf
    But the Attorneys believe that this alone will not cause you to get in trouble.
    My interpretation is, this is just meant so that they have the right to deport you if things go sour for multiple reasons e.g. you are caught carrying drugs, or get a DUI, or you go up and ask for unemployment benefit or something stupid like that (i.e. become public charge which is a big no no).
    But one thing to note is always ALWAYS make sure that your employment is authorized. (have EAD current or you aren't allowed to work). Working for the employer who filed for your I485 IMHO is best under the current ICY environment.

    This brings up a seperate question if employment gaps are not allowed in EB AOS then what if EAD renewal does not come in time. I have no idea about that one. Its messy. US really needs CIR they need to do some house cleaning.



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  • DianaSteve
    12-07 11:23 AM
    I cannot find the status online or on the phone. I get the same message. They don't give info to the beneficiary. So attorney called and after spending 30 mins on the phone they were able to locate my I140. He said that once they put it online they will sent an email. This was few weeks ago and still nothing happened. But my employer received a letter from Nebraska stating that attorney or someone called to find the status of the I140 and that it will take some days(I don't remember the exact number as I know that it will take much longer than what they specified) to process this case.

    There are so many people who are in this situation.

    Hope this helps.




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  • eb3retro
    08-03 06:35 PM
    This is a small idea and let us see if it works.

    We all help each other on the forum by answering questions. Let us answer questions of members of our community and politely request the person asking the question, if your answer helped him. If it helped him, the member can consider contributing to Immigrationvoice.

    I think if all active members add this small note in their signatures, it may help us generate more funds to continue this effort. You can choose to modify this message to make it more appealing or create a link to the high five campaign that is currently running.

    Suggestions are welcome.


    great idea...



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  • dsneyog
    01-15 09:07 AM
    Great, so I see so many fast cases here.
    I had all my docs well organized, also put tabs corresponding to the list numers on cover letter for quick access. I also included self addressed prepaid priority envelope.

    I paper filed at TSC on Dec16th got approval on Jan11th, the pace is pretty good considering the holidays in between.
    There are several factor which helps aid in faster processing of the applications, mainly the required docs has to be in order and complete.




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  • swartzphotography
    March 4th, 2007, 08:56 PM
    i am not sure what it is about the 300d or known by most as the digital rebel that makes it not a good choice. i used and still use the digital rebel. i consider it to be worthy of professional status. it lacks a few capabilities but for studio work i still feel more comfortable with that camera and i must admit even though i have the rebel xt i have not used it near as much as the 300 d.



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  • Ramba
    05-14 04:27 PM
    Guys,

    The timing of this visa bulletin is suspicious. Right at the nick of time, when the senate is discussing increasing EB quotas, this news comes in. Plus they are saying that there will be forward movement, in the EB cut-off dates in the coming months to rhyme with the current negotatitions in Congress on CIR/ SKIL.

    IV should not step behind in their legislation efforts. Even, if visa bulletin dates are current today, they might retrogress later, when the I-485 application starts to process (Current I-485 processing time shows applications processing as of Sept. 10, 2006, which is 8 months before). No one knows, if eight months from now, the cut-off dates will retrogress further or advance, due to the BEC closing out in Sept. 2007 and PERM applications processed from March 2005 onwards.

    This may be a valid suspiecion, we may not ruled out ...




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  • caydee
    06-15 02:16 PM
    Will continue contributing at least till guys stuck in the backlog centers get to file their I-140s.




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  • ksiddaba
    08-22 11:43 AM
    I have looked into this and talked to my lawyer. The basic consensus seems to be -- yes you can start your own business (wither alone or in partnership with someone else). But as long as you are on H1B VISA and do not have at least an EAD, you cannot actively(which means you cannot be running the day to day operations) work on your business. You can promote the business perform occasional volunteer work, but cannot be paid for this work.

    I believe you can derive profits from the business (check with your lawyer because he's the one who will have to deal with any USCIS headaches), but as with all things, if the profits are high enough, your business may be scrutinized by the USCIS. Also remember when you go to the consulate to stamp your H1B, they will examine your tax records, and you will have to have a good enough explanation as to how you owned the business without violating the H1B status (by actively working on it). It's tricky and unless you are talking about small amounts of money think very carefully about starting your own business.

    Since you cannot actively run the business, it makes sense to partner with a person who is authorized to run the day to day operations of the business (either a citizen of the US or a perm resident).




    Ramba
    08-07 03:44 PM
    I am a consultant and work for a client. My client wants to extend me a permanent offer and my consulting company that I presently work with would have no problems if I accepted the offer from the client.

    I have asked the client to remote work from India and they said I could for six months and re-evaluate at that point. I can get a three year extension based on my I-140 approval with my consulting company (no 485, dates not current) if my client applies for a H1. I am not sure if I should or apply for a different visa.

    The company that I intend to do remote work for does not have presence in India. Cannot do L1 I think.

    What are my options?

    Can I ask the company extending me an offer to apply for H1 and then work from India for six months?
    (or) Can I just leave, work for them in India, and visit them periodically on B1?

    I am planning to work remote with the company's understanding that this would be for the long term. So, it may actually extend beyond 6 months with possible periodic visits. Both the company and I would like to see how the first six month goes.

    Any other suggestions. If there are tax implications, I would appreciate some feedback.

    Thanks for the service.

    It is not as simple as you think. If your client sponsors H1, it is based on LCA; which is location specific. Therefore, if you work remotely in India, and you were included in US payroll based on H1B approval, then your employer will be violating the terms of LCA. Therefore, that is not possible. However, your employer can outsource the work to you to India without maintaining eomploee-emploer relationship. You need to consult business lawyers to engage in this kind of business. Of course, you need to pay corresponding business and income taxes.




    baburob2
    07-02 10:34 AM
    based on my knowledge you could file I-824 (correction to make adjustment of status to CP or viceversa) or you could file for new I-140 opting for Consular processing. You don't have to work till the end of the GC process in US. If the employer is willing to sponsor you GC and upon approval offer you the job described in GC petition(ie at US) then you should be fine. Hence if you employer is ok with that you could move to Canada without any issues and your GC im US will still be ok. AOS(Adjustment of Status) is only possible if you are staying within US and hence if you move to Canada you can't do AOS.



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