General Immigration Discussion

[qesehmk]

I will echo with Veni. Tourist visa is ok. But PIO is better and citizenship is best. But unless you and your wife are citizens they are not going to give the kids Indian citizenship.


I dont want to apply fot PIO or OCI card for my daughter. i want to apply for Indian Visa. Can some one tell me under which visa category should i apply ? Can we just apply for tourist visa ?


Thanks
Ravi Menta

[Kanmani]

Q
PIO card has nothing to do with citizenship . It is just like tourist visa but has some difference which I didnt dig in to it . In a situation if a PIO card holder wants to stay beyond 6 months , he/she has to report to the local police station for clearance ( by law)

Though all the NRI s' refer it as dual citizenship , in reality India has no option of dual citizenship . Any PIO or OCI card holder cannot obtain a Indian Passport , cannot stay beyond 6 months without notice, cannot vote or buy land or property . But they can inherit the ancestoral properties.

Dual citizenship in other countries really mean dual citizenship, for example Canadians can hold number of passports . travel with a USA passport to enter USA and with Canadian passport to go back home .

[veni001]

Q
PIO card has nothing to do with citizenship . It is just like tourist visa but has some difference which I didnt dig in to it . In a situation if a PIO card holder wants to stay beyond 6 months , he/she has to report to the local police station for clearance ( by law)

Though all the NRI s' refer it as dual citizenship , in reality India has no option of dual citizenship . Any PIO or OCI card holder cannot obtain a Indian Passport , cannot stay beyond 6 months without notice, cannot vote or buy land or property . But they can inherit the ancestoral properties.

Dual citizenship in other countries really mean dual citizenship, for example Canadians can hold number of passports . travel with a USA passport to enter USA and with Canadian passport to go back home .

Kanmani,
As Q pointed above to be eligible for OCI, one of the parents must be US Citizen or the applicant must me 18 years or older, applicant parents/grandparents held INDIAN citizenship (current/past).

One with OCI can stay as long as he/she wish and is not required to report to local police station, but not with PIO.

[qesehmk]

Right. .... additionally - both PIO and OCI can be considered Indian persons when applying to educational institutes. I am 100% sure OCI can buy property. 90% confident that PIOs can too buy property.


Kanmani,
As Q pointed above to be eligible for OCI, one of the parents must be US Citizen or the applicant must me 18 years or older, applicant parents/grandparents held INDIAN citizenship (current/past).

One with OCI can stay as long as he/she wish and is not required to report to local police station, but not with PIO.

[Kanmani]

Ministry of Homeland affairs website says both cannot acquire agaricultural/ plantation lands . I doubt on residential properties.

here.....http://mha.nic.in/pdfs/oci-chart.pdf

[qesehmk]

There you go from teh same document. Partity everywhere except in Political field and buying agri land.

Parity with NRIs in respect of all facilities available to the later in the economic, financial and educational fields
except in maters relating to the acquisition of agricultural/ plantation properties.
No parity shall be allowed in the sphere of political rights.



Ministry of Homeland affairs website says both cannot acquire agaricultural/ plantation lands . I doubt on residential properties.

here.....http://mha.nic.in/pdfs/oci-chart.pdf

[cool_mj007]

@RMS_V13 I see your point of no benefit thru the petition but allow me to flip the question on you.
Do you think this (or any similar) petition can cause any harm to our cause of reducing the GC backlogs and wait times?




Q: I would have expected you to have responded better than that. Besides being impractical, this petition makes absolutely 0 sense and this is from a person that has lived in the US longer than what is mentioned in the petition.

[qblogfan]

The most hated woman in China came to USA last year and she is working in a nail salon in NYC. She already got her green card through refugee path. Many talented Phds are still waiting after ten years in USA. What a joke!

http://www.nypost.com/p/news/local/brooklyn/the_bachelorette_gfiTOFBJotDDDDeSDGRhxL

[gc0907]

@RMS_V13 I see your point of no benefit thru the petition but allow me to flip the question on you.
Do you think this (or any similar) petition can cause any harm to our cause of reducing the GC backlogs and wait times?

This % limit based on country-of-birth looks like the reservation quota in India. There is reservation everywhere whether it be for admissions to school/colleges or jobs. I think it needs to be abolished as well. It should be purely based on merits and not on caste/religion/etc. But instead of abolishing people want more and more reservation. May be someone like Annaji can do something about it.

[nishant2200]

The most hated woman in China came to USA last year and she is working in a nail salon in NYC. She already got her green card through refugee path. Many talented Phds are still waiting after ten years in USA. What a joke!

http://www.nypost.com/p/news/local/brooklyn/the_bachelorette_gfiTOFBJotDDDDeSDGRhxL

seriously man. what a joke. I am at loss of words.

[shivarajan]

The most hated woman in China came to USA last year and she is working in a nail salon in NYC. She already got her green card through refugee path. Many talented Phds are still waiting after ten years in USA. What a joke!

http://www.nypost.com/p/news/local/brooklyn/the_bachelorette_gfiTOFBJotDDDDeSDGRhxL


You appear to be quite an interesting character.
No offense! (in good spirits for consistent ranting)

[self.coach]

The most hated woman in China came to USA last year and she is working in a nail salon in NYC. She already got her green card through refugee path. Many talented Phds are still waiting after ten years in USA. What a joke!

http://www.nypost.com/p/news/local/brooklyn/the_bachelorette_gfiTOFBJotDDDDeSDGRhxL

Interesting...let me marry her. I am suitable and I will get out of this GC cycle and blood sucking bosses at least.

[ssvp22]

seriously man. what a joke. I am at loss of words.

bhaiya, joke tau hamara ban gava.

[soggadu]

Interesting...let me marry her. I am suitable and I will get out of this GC cycle and blood sucking bosses at least.

usually women become most hated after marriage... voilaa... u r lucky... u r marrying a woman who is already the most hated...

waise... what do you self coach in? just wondering ;-)

[qblogfan]

yeah, I just feel the current system is not fair to EB immigrants. Sorry for ranting.


You appear to be quite an interesting character.
No offense! (in good spirits for consistent ranting)

[Monica12]

Interesting...let me marry her. I am suitable and I will get out of this GC cycle and blood sucking bosses at least.
LOL ! Think 1000 times before you decide to marry her...pehele USCIS ke nakhare sehene pade......phir iske nakhare sehen karne padenge ( you will get rid of one trouble but will invite another trouble)

[Monica12]

The most hated woman in China came to USA last year and she is working in a nail salon in NYC. She already got her green card through refugee path. Many talented Phds are still waiting after ten years in USA. What a joke!

http://www.nypost.com/p/news/local/brooklyn/the_bachelorette_gfiTOFBJotDDDDeSDGRhxL
So, the easiest way to GC is to become the most hated person in your country...hmmm...interesting..Wonder what I would have to do to go that path ???? LOL!!!

[self.coach]

usually women become most hated after marriage... voilaa... u r lucky... u r marrying a woman who is already the most hated...

waise... what do you self coach in? just wondering ;-)

I self coach in the sainthood of giggityness :P

Q - sorry boss for a 'slight' diviation to subject (dont boot me pls)!

[soggadu]

So, the easiest way to GC is to become the most hated person in your country...hmmm...interesting..Wonder what I would have to do to go that path ???? LOL!!!

Lets see the check list whether you qualify...

1. Female --> Your name sounds like u r a female... Done
2. Foreign Country born --> :-) Done
3. Want to get GC --> Done
4. Status is/will be current --> Done come Oct 01
5. Most hated --> hmm...abb ye toh woh baat ho gayi na... You have to try very very hard to be hated dear... i see no chance for you to get qualified on this merit...

Final result --> Let me see.... i am using specs complicated algorithm here....Voilaaaa....you will still be getting your GC next month... because love > hate.... samjhe kung phuu panda ....

[gcseeker]

Soggadu bhai

:) good one .You sir are the comedy king around here .
One doubt though :) with that quote of yours did you mean Monica behen is sorta of like the http://3.bp.blogspot.com/-MXemDNGwy44/TfWDr76k0BI/AAAAAAAAANM/SytDVqfQIQ4/s200/Lord-Shen-kung-fu-panda-2-22347600-185-122.png and you are trying to make her see the light.




Final result --> Let me see.... i am using specs complicated algorithm here....Voilaaaa....you will still be getting your GC next month... because love > hate.... samjhe kung phuu panda ....

[Monica12]

Soggadu bhai

:) good one .You sir are the comedy king around here .
One doubt though :) with that quote of yours did you mean Monica behen is sorta of like the http://3.bp.blogspot.com/-MXemDNGwy44/TfWDr76k0BI/AAAAAAAAANM/SytDVqfQIQ4/s200/Lord-Shen-kung-fu-panda-2-22347600-185-122.png and you are trying to make her see the light.
Soggadu, Gcseeker...LMAO !!!!!!!!! You guys are the best !!!!
Personal disclaimer : I hereby abandon all my plans to become the most hated person in India.

[skpanda]

Good one!!

for a moment i thought...you were referring to me... (last word in your post panda)


Lets see the check list whether you qualify...

1. Female --> Your name sounds like u r a female... Done
2. Foreign Country born --> :-) Done
3. Want to get GC --> Done
4. Status is/will be current --> Done come Oct 01
5. Most hated --> hmm...abb ye toh woh baat ho gayi na... You have to try very very hard to be hated dear... i see no chance for you to get qualified on this merit...

Final result --> Let me see.... i am using specs complicated algorithm here....Voilaaaa....you will still be getting your GC next month... because love > hate.... samjhe kung phuu panda ....

[smuggymba]

Please sign this petition

Fix Admin Processing

http://wh.gov/4E9

[10102007]

Please sign this petition

Fix Admin Processing

http://wh.gov/4E9

Will sign it. But for folks who live in and around the DC area, how about making an appointment with the CIS ombudsman and explain him the situation. Meanwhile we should continue to write to senators/ representatives.

[iamdeb]

Humne sign kar diya hei Manubhai. What's the time frame for this to pass?

[kd2008]

This petition is close to getting the required 5000 signatures.

https://wwws.whitehouse.gov/petitions#!/petition/allow-seriously-backlogged-eb2eb3-beneficiaries-their-i-140-approved-file-i-485-and-apply-ead-ap/d3D62yTt (https://wwws.whitehouse.gov/petitions#%21/petition/allow-seriously-backlogged-eb2eb3-beneficiaries-their-i-140-approved-file-i-485-and-apply-ead-ap/d3D62yTt)

It has obtained the required number of signatures!!!

[Feb2008]

5k is the passing limit. The more the better!

This petition is close to getting the required 5000 signatures.

https://wwws.whitehouse.gov/petitions#!/petition/allow-seriously-backlogged-eb2eb3-beneficiaries-their-i-140-approved-file-i-485-and-apply-ead-ap/d3D62yTt (https://wwws.whitehouse.gov/petitions#%21/petition/allow-seriously-backlogged-eb2eb3-beneficiaries-their-i-140-approved-file-i-485-and-apply-ead-ap/d3D62yTt)

It has obtained the required number of signatures!!!

[geterdone]

https://wwws.whitehouse.gov/petitions#!/petition/legal-employment-based-immigration-petitioners-help-us-companies-and-should-not-be-heavily/1NLS8G5c

this one needs some help to reach 5k

[iamdeb]

Friends please go through the following links for New York mayor's address on immigration

http://www.marketwatch.com/story/bloomberg-presses-for-immigration-reform-2011-09-28?link=MW_latest_news

http://www.youtube.com/watch?v=waXX6ioaAhc

the following video is more clear.

http://www.c-spanvideo.org/program/MayorBl&showFullAbstract=1

[skpanda]

Hope the talks turn into some action..



Friends please go through the following links for New York mayor's address on immigration

http://www.marketwatch.com/story/bloomberg-presses-for-immigration-reform-2011-09-28?link=MW_latest_news

http://www.youtube.com/watch?v=waXX6ioaAhc

the following video is more clear.

http://www.c-spanvideo.org/program/MayorBl&showFullAbstract=1

[jackbrown_890]

we ve got another hearing on immigration topic in the House. i wonder who is going to be at the hearing this time.
I am hoping this will motivate them to do something beyond hearings,, pass few bills. This hearing is by the direction of chairman who is co-sponsor of that bill 3012 mentioned by Kanmani.
the topic of the hearing is: "STEM the Tide: Should America Try to Prevent an Exodus of Foreign Graduates of U.S. Universities with Advanced Science Degrees?"
It is on Oct. 5 at 1:30

[10102007]

we ve got another hearing on immigration topic in the House. i wonder who is going to be at the hearing this time.
I am hoping this will motivate them to do something beyond hearings,, pass few bills. This hearing is by the direction of chairman who is co-sponsor of that bill 3012 mentioned by Kanmani.
the topic of the hearing is: "STEM the Tide: Should America Try to Prevent an Exodus of Foreign Graduates of U.S. Universities with Advanced Science Degrees?"
It is on Oct. 5 at 1:30

Do You know if the general public can attend these hearings?

[leo4ever]

Do You know if the general public can attend these hearings?

Can we see it on CSPAN?

[iamdeb]

Can we see it on CSPAN?

I believe so. Yesterday I heard the Bloomberg speech on C-Span channel.

[Kanmani]

we ve got another hearing on immigration topic in the House. i wonder who is going to be at the hearing this time.
I am hoping this will motivate them to do something beyond hearings,, pass few bills. This hearing is by the direction of chairman who is co-sponsor of that bill 3012 mentioned by Kanmani.
the topic of the hearing is: "STEM the Tide: Should America Try to Prevent an Exodus of Foreign Graduates of U.S. Universities with Advanced Science Degrees?"
It is on Oct. 5 at 1:30

Yes , I saw the same in the house hearing schedule . It is actually an oversight of the topic ,generally a discussion. ( Topic is Staple act which would staple GCs to MS ,Phd & Post Phd degrees obtained from US universities- instead of opt they give gc after an job offer).

[jackbrown_890]

Do You know if the general public can attend these hearings?

You will be able to see on CSPAN
here is the link to the hearing schedule. There will be a link to live streaming on this page on the day of the hearing.

http://judiciary.house.gov/hearings/hear_10052011_2.html

[nishant2200]

Yes , I saw the same in the house hearing schedule . It is actually an oversight of the topic ,generally a discussion. ( Topic is Staple act which would staple GCs to MS ,Phd & Post Phd degrees obtained from US universities- instead of opt they give gc after an job offer).

This is not a practical act the way it is being said. Maybe the details are better, I need to read more. I myself would benefit from it, but I think these are the points to do if want to do something like this:
a. Staple should be valid only for PhD. NIU (chinese organization already rooting for PhD only, albeit they have a selfish interest in it, most chinese do PhDs vs Indians who do masters)
b. For Masters in STEM, EB2 and a certain number of years of waiting done due to backlog in job offer in USA. I don't know what the years is, 3 years, 4 years, 5 years. Or someway to qualitatively qualify top tier universities whose masters really qualifies for STAPLE vs Delayed Grace Filing with special visa number given. Or maybe a quota to be carved out in EB2 for STEM graduates.

I am not taking any sides here, or saying above should be done. I am not going to complain if I get a GC because of STAPLE. I am only saying that I do not support blindly stapling GC to just masters from STEM without any other criteria.

Otherwise there will be just influx of people buying their way in with masters degrees in the huge amount of various universities here. Tuition even at Ivy League for Masters say 80k for two years is much less than 500k for EB5 investor!

[iamdeb]

Thanks for the link Jack.
When do you expect anything concrete to happen in this regard?

Deb

[iamdeb]

Well Nishant you are reiterating the existing EB1,EB2,EB3 criteria.
PhDs anyway fall under EB1 which is always current.
Masters with EB2 have a wait time of 4-5 years if they are from India,China and ROW is current which I feel is not fair.

[Kanmani]

There was a discussion in the Senate judiciary committee to recommend stapling of gcs to masters too.

There were opposition too, considering the fact that the US universities would be a visa generating industries later on .

[nishant2200]

Well Nishant you are reiterating the existing EB1,EB2,EB3 criteria.
PhDs anyway fall under EB1 which is always current.
Masters with EB2 have a wait time of 4-5 years if they are from India,China and ROW is current which I feel is not fair.

PhDs don't necessarily fall in EB1 just because PhD, just like Masters don't fall in EB2 just because masters.

see: http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=17b983453d4a3210VgnVCM100000b92ca60aRCR D&vgnextchannel=17b983453d4a3210VgnVCM100000b92ca60a RCRD

Staple for PhD takes away need for any GC immigration process, it kind of gives them a GC instead of OPT card. This is incomparable flexibility.

Masters with EB2 the wait time you mention is not guaranted, today it looks like 4-5 years, 2 years from now, with good economy, it make look like 8-9 years. Only reason EB2 I moves at all is because of Spillover. If there is no Spillover, entire 2800 will be eaten up by porting or most of it, and dates will move really miserably if they move at all.

But I do see where you are coming from, and understand your point. I seem to be too harsh on STEM masters :)

Fine, looking at the various bountiful wastage of various visas, lotteries, refugees, and various avenues available to people from most of the world to immigrate here, I take it back. May god help us, legal hardworking community, in whatever way possible. If it takes one to study STEM, do higher studies in it, to get in, because he is from the world's second largest populated country, I don't think it's anything to be frowned upon. I agree.

(But this will be a contention point in the place where it matters, the house, the senate, etc. , a big one, blindly stapling GC to masters from STEM).

[10102007]

Something like a conditional work permit can be given instead for MS graduates. This can be just like H1B, but allowing us to travel freely and Just one H1B for three years and if the person has lived by the rules, a GC can be issued.

Of course if they decide to just do it (GC) when we get right out of college, I wouldn't complain. But I agree with Nishanth that it may not be practical.

[nishant2200]

Something like a conditional work permit can be given instead for MS graduates. This can be just like H1B, but allowing us to travel freely and Just one H1B for three years and if the person has lived by the rules, a GC can be issued.

Of course if they decide to just do it (GC) when we get right out of college, I wouldn't complain. But I agree with Nishanth that it may not be practical.

Yes, this definitely now sounds like an idea which could get traction. very good idea.

[mysati]

Something like a conditional work permit can be given instead for MS graduates. This can be just like H1B, but allowing us to travel freely and Just one H1B for three years and if the person has lived by the rules, a GC can be issued.

Of course if they decide to just do it (GC) when we get right out of college, I wouldn't complain. But I agree with Nishanth that it may not be practical.

Looks like that was how it was until the late 80s, getting GCs right after your Masters/PhD. When I was in school, there was one person who had come to provide us information on the immigration process. He was originally a Masters student from India who came here in the 80s and he actually showed us a photocopy of his "GreenCard" and how he got it immediately after his Masters. He did not have to go through H1. But the situation is a lot different now with the number of students increasing exponentially in the past 25 years.

[iamdeb]

Nishant I agree with your point that blindly stapling GC to US Masters might lead to misuse.
I might be fine with the waiting time too. However I feel those with approved I 140 should be able to file for EAD/AP. This will prevent lot of qualified immigrants from returning to their own country espc. in scenarios where their spouse is also highly qualified but unable to work on H4.

[nishant2200]

I agree with your point that blindly stapling GC to US Masters might lead to misuse.
I might be fine with the waiting time too. However I feel those with approved I 140 should be able to file for EAD/AP. This will prevent lot of qualified immigrants from returning to their own country espc. in scenarios where their spouse is also highly qualified but unable to work on H4.

Completely agree. It makes no sense to delay interim benefits to EB folks. The need for the GC job is right now, not 5 years later on. EB should be more about the need for the job being filled, not about diversity. There is GC lottery for diversity where India and China can't apply, as well as FB is always there for diversity.

[10102007]

Nishant I agree with your point that blindly stapling GC to US Masters might lead to misuse.
I might be fine with the waiting time too. However I feel those with approved I 140 should be able to file for EAD/AP. This will prevent lot of qualified immigrants from returning to their own country espc. in scenarios where their spouse is also highly qualified but unable to work on H4.

I agree. The whole concept of PD should apply only to the actual GC and not to EAD/ AP. That way we can breathe a bit easily.

[ssvp22]

Completely agree. It makes no sense to delay interim benefits to EB folks. The need for the GC job is right now, not 5 years later on. EB should be more about the need for the job being filled, not about diversity. There is GC lottery for diversity where India and China can't apply, as well as FB is always there for diversity.

You are right on nishant. EAD is pretty much worthless these days for Eb2 folks since either you get your GC right away, in case of EB2 ROW, or you cannot file for 485 and hence never get it for EB2 I/C.

[immitime]

All these mess could have avoided if the spillover law interpretation could not have changed, starting from Year 2008.

From EB1, the SOFAD and all other spillover Visas if equally distrubuted to EB2 & EB3 , EB3 ROW and EB3 India dates will be moved at least by 2 years ahead from what it is now. Heard the move to change the interpretation of spillover is initiated by USCIS from lobbying pressure from IV and some EB-2 India people.. That is sad on our part as Highly educated immigrant community.

I accpet the other opinions also no fights should be started by this statments. just thought of reminding all, the Truth behind this BIG mess. which was already a mess.

EB3 India people who missed the 2007 boat are waiting from Year 2002 onwards. And EB3 Row and EB-3 India will never ever get the spillover. Because there will always be demand for EB-2 India! And again don't adivse to Port... Porting is not very easy nowadyas even you are qualified for that.This spillover law helps now only One category EB2 India to some extent, the further movement we need to wait and see for the next VB

Good Luck to all immaterial of category.

[Pedro Gonzales]

All these mess could have avoided if the spillover law interpretation could not have changed, starting from Year 2008.


I don't doubt the rest of your statement but I have to disagree with this sentence. The spillover law interpretation would have allowed all EB3 to move forward by only a few years. A 10 year wait is not that different from an 8 year wait when you are on year 1. And, from this thread you probably realize that EB2 India folk aren't all that thrilled about where things stand. We're not very happy with a 5 year wait either. So, this mess wouldn't have been avoided, as you suggest, just the share of the pain would have been different, and perhaps (as all EB3 and even many EB2 will contend) more fairly. Still, sure you agree that it is nowhere near as unfair as per country limits, which discriminate based on nationality, while this tries to discriminate based on qualifications (though I admit there are many exceptions).

[RMS_V13]

immitime: what do you stand for?
You lobby for removal of per country visa cap and support EB3 I. Now for convenience you pity EB3 ROW just so that EB2 I does not get spillover. Don't flip flop. Take a stand and stick to it please
I don't buy the fact that an immi forum can change rules please...shows your maturity level

[suninphx]

All these mess could have avoided if the spillover law interpretation could not have changed, starting from Year 2008.

From EB1, the SOFAD and all other spillover Visas if equally distrubuted to EB2 & EB3 , EB3 ROW and EB3 India dates will be moved at least by 2 years ahead from what it is now. Heard the move to change the interpretation of spillover is initiated by USCIS from lobbying pressure from IV and some EB-2 India people.. That is sad on our part as Highly educated immigrant community.

I accpet the other opinions also no fights should be started by this statments. just thought of reminding all, the Truth behind this BIG mess. which was already a mess.

EB3 India people who missed the 2007 boat are waiting from Year 2002 onwards. And EB3 Row and EB-3 India will never ever get the spillover. Because there will always be demand for EB-2 India! And again don't adivse to Port... Porting is not very easy nowadyas even you are qualified for that.This spillover law helps now only One category EB2 India to some extent, the further movement we need to wait and see for the next VB

Good Luck to all immaterial of category.

You mean for all catagories?(which would mean that EB2I would have been at Jul 2009 etc etc?) ...Do you have any numbers to share to back this statement?

[username]

Few more petitions:

"Holders of valid, legal visas should be able to renew their visa without having to exit the country"
link: https://wwws.whitehouse.gov/petitions#!/petition/holders-valid-legal-visas-should-be-able-renew-their-visa-without-having-exit-country/X016NylF

Allow H-4 visa member to work legally
link:https://wwws.whitehouse.gov/petitions/!/petition/allow-h-4-visa-member-work-legally/N7wKxBpN

[manubhai]

... petitions' futility in bringing any change in immigration system...

"Futility" is a very relative word.

Having 5000 people sign 4 different petitions within a matter of days does not mean that those petitions will become laws. Agreed with that.

But getting people to notice and attracting attention to the issues that bring you to this forum is NOT FUTILE.

Talk is cheap. So are reading and typing. Taking action is all that matters.



Here's the action part: http://wh.gov/4d1



The only reason a law should pass is if that law serves the interests of the United States. HR 3012 does. This darn thing actually stands a chance given its current support from both sides and the timing of elections.

Spread the word... email... facebook... twitter. Take Action. DO SOMETHING.

[qesehmk]

manu ... I do think its worthwhile to do something. Keep doing what you are doing.

Those who don't agree, lets respect others right to do what they think is worthwhile.


"Futility" is a very relative word.

Having 5000 people sign 4 different petitions within a matter of days does not mean that those petitions will become laws. Agreed with that.

But getting people to notice and attracting attention to the issues that bring you to this forum is NOT FUTILE.

Talk is cheap. So are reading and typing. Taking action is all that matters.

[ssvp22]

ssvp bhai, I totally understand your feelings and I sometimes wish I had gone to UK instead but there are many people here ( you know who I mean..Q..Spec..etc) who don't have to be worried about GC etc and still help us out so much... and that gives me real hope. I love this quote Q posted a while back....very inspirational !

"There is a terrific statement by pastor Martin Niemoller (from wikipedia) about the Nazi rise to power and the purging of their chosen targets, group after group.
First they came for the communists,
and I didn't speak out because I wasn't a communist.
Then they came for the trade unionists,
and I didn't speak out because I wasn't a trade unionist.
Then they came for the Jews,
and I didn't speak out because I wasn't a Jew.
Then they came for me
and there was no one left to speak out for me."

@Monica. For long, i was always in favor of speaking out. But past couple of years have taught me to move on, instead of hoping that things would change for better. This is same with school district in my area. I no longer favor speaking out. My(and other people who care) moving out of the area will itself speak out against the pathetic school district, where we pay $8k/year in realestate tax, and get 3 out of 10 points worth of school district.

[suninphx]

Folks, vote all you can on bills, but end of the day, when your PD is current is only when you will get the GC. Personally i have stopped hoping any bill will ever get passed. I have spent past 4 years listening to videos, reading articles from Bloomberg, Vivek Wadhwa et al, but the needle on immigration reform has not moved a bit. So, work hard, avoid contracting jobs like plague, and if already contracting and PD in 2010+, go back to home country. And not to forget, dont recommend people to come to US to get screwed unless they can get on the ponzi EB1 scheme financed by CTS, Infy, UBS, Qualcomm....

..and reason/logic behind above statement is...??

[qesehmk]

ssvp, "moving on" is a very valid choice. If that works for somebody, by all means they should embrace that. This damn GC process shouldnt hold their dreams and aspirations HOSTAGE and make them SLAVES.

For most people though - they would think - " i have invested so much time into this - let me wait a few more days/months/years". For some people "moving on" is not a choice at all.

So i think there is no single version of truth here that will fit all people. Its really an individuals situation and what they want to make out of it. And this forum is here only to help. Ultimately its the individual who will decide what's good for him/her.


@Monica. For long, i was always in favor of speaking out. But past couple of years have taught me to move on, instead of hoping that things would change for better. This is same with school district in my area. I no longer favor speaking out. My(and other people who care) moving out of the area will itself speak out against the pathetic school district, where we pay $8k/year in realestate tax, and get 3 out of 10 points worth of school district.

[ssvp22]

..and reason/logic behind above statement is...??

0 growth, no vacation, no healthcare, you are treated like s___, ..... Till the time you are 27-28 years old, you dont realize. But crossover to 30 and it hits you hard.

[10102007]

Perhaps you meant to say bad employers and not contracting jobs. There us nothing wrong with contracting jobs. I have have been working for a 'desi' employer for the past 7+ years and it has been decent. He pays on time, pays 40% of medical insurance for emp+spouse, matches 401k to a certain %, has 2 weeks (not great) of vacation that can be fully carried over to the next year, and pays during bench period.

Of course unlike other regular companies there is no performance review or promotion. But even in regular companies, you may not have room to grow. In most cases it is the employees who are guilty. Buyers beware - and hence we should thoroughly enquire about the company before joining. In most cases people talk to the 'sweet talking' boss over the phone
and decide to join and later whine and cry foul. Whatever happens in our life, we are responsible for it.

The point is avoid bad employers.





Folks, vote all you can on bills, but end of the day, when your PD is current is only when you will get the GC. Personally i have stopped hoping any bill will ever get passed. I have spent past 4 years listening to videos, reading articles from Bloomberg, Vivek Wadhwa et al, but the needle on immigration reform has not moved a bit. So, work hard, avoid contracting jobs like plague, and if already contracting and PD in 2010+, go back to home country. And not to forget, dont recommend people to come to US to get screwed unless they can get on the ponzi EB1 scheme financed by CTS, Infy, UBS, Qualcomm....

[ssvp22]

ssvp, "moving on" is a very valid choice. If that works for somebody, by all means they should embrace that. This damn GC process shouldnt hold their dreams and aspirations HOSTAGE and make them SLAVES.

For most people though - they would think - " i have invested so much time into this - let me wait a few more days/months/years". For some people "moving on" is not a choice at all.

So i think there is no single version of truth here that will fit all people. Its really an individuals situation and what they want to make out of it. And this forum is here only to help. Ultimately its the individual who will decide what's good for him/her.

Q i am not recommending moving on on GC. Instead i am referring to all these immigration related bills and talk. Its all well prepared rhetoric to get votes. Bloomberg being in NYC aint going to give anti-immigrant talk. But his real track record speaks for itself - http://www.nytimes.com/2010/06/29/nyregion/29diversity.html?pagewanted=all . So, all i want to suggest is that lets not get fooled again and again.

[PlainSpeak]

The same feeling EB-3 India people have when the spillover interpretation changed by USCIS from 2008 onwards, We all should know how to think in others shoes. This is one of the example. When EB-3 people cry about the spillover. most of the EB2 guys will advice them to port. now EB1 people can say the same thing to EB2 asking them to port!!!!... so the thinking should be broader as one EB immigrant community.

If EB2 could put themselves in EB3 shoes we would not have half the problems we are having now....

[bieber]

If EB2 could put themselves in EB3 shoes we would not have half the problems we are having now....
care to explain?

[qesehmk]

Understood. Thanks. Most of the politicians are that way. So yes, we can't always take things at facevalue.


Q i am not recommending moving on on GC. Instead i am referring to all these immigration related bills and talk. Its all well prepared rhetoric to get votes. Bloomberg being in NYC aint going to give anti-immigrant talk. But his real track record speaks for itself - http://www.nytimes.com/2010/06/29/nyregion/29diversity.html?pagewanted=all . So, all i want to suggest is that lets not get fooled again and again.

[immitime]

The President says he cannot fix immigration alone...(and he meant only "Illegal Immigration" I think he forgot that immigration means it is LEGAL IMMIGRATION!)


http://www.cbsnews.com/stories/2011/09/28/ap/business/main20112594.shtml

[waiting]

0 growth, no vacation, no healthcare, you are treated like s___, ..... Till the time you are 27-28 years old, you dont realize. But crossover to 30 and it hits you hard.

I made one decision as soon as I came to know about GC mess in US - Life must go on, me or my family will not compromise(buying home/cars, having kids etc. etc) due to long wait to get GC. GC will happen on its time.. if it doesn't happen then anyways you are screwed why not enjoy prime years of your life. I don't have GC yet but have never hold off anything for GC.

[qesehmk]

Very well said!

I made one decision as soon as I came to know about GC mess in US - Life must go on, me or my family will not compromise(buying home/cars, having kids etc. etc) due to long wait to get GC. GC will happen on its time.. if it doesn't happen then anyways you are screwed why not enjoy prime years of your life. I don't have GC yet but have never hold off anything for GC.

gcq great insight. Gave props to you for this. One more thing one needs to understand is that these Indian companies are now competing in serious space and they have started to give serious salaries to their higher end people. So it makes perfect sense to sponsor GC and retain them for even bigger plans.
The true management consulting business for Indian firms in US has started booming and i think they are going to make a serious dent into the likes of IBM Accenture CSC etc. McKinsey BCG Bain is still too far. But the first 3 i mentioned are going to face some serious challenge.

Most of the times we see all the worker bees and forget this big picture where these companies have their next target. They are working accordingly and moving up the ladder and in process their trusted people are getting benefited.

Will there be one or two cases of fraud? Its possible. But by and large they are playing by the rules set by USCIS.

Anybody who thinks otherwise and blames EB1 EB3 EB2 or ROW or in general other immigrant and how that person is "Khuda meherban to gadha pehlawan"-kind-of-beneficiary is only increasing his own blood pressure. If I were that person, I would refrain from it.

Why is outsourcing firms willing to sponsor more greencards in EB1 ? Unavailability/scrutiny in H1/L1 etc. These outsourcing firms were infamous for not applying GC for their employees. They even avoided filing H1B as the employee could jump the ship once they are in US. Initially they relied on L1s, good margins, no chance of employee leaving them. Then USCIS tightened L1. They started using H1 in large numbers. When USCIS started tightening H1s, they did the unthinkable, started applying GC in EB1 so that they can bring employees to US fast.


Infy is asking people to sign 1.5-2 year contract in exchange for GC in EB1.
I would've though such contracts would be illegal in US.


Connecting the Dots - While we waited in line(on the same job title) for GC for past 5(EB2)-10(EB3) years, folks in Infy/TCS became managers. And now, these folks are managing teams from 50-100-200 people. That is a great experience to put down on the resume. And all that is resulting in is that these managers are now becoming CIOs of small to mid-sized US corporates. And corporates prefer them as CIOs since they have first-hand contacts with outsourcing companies, which makes outsourcing easier. While i am happy for I/C people in achieving this, but it has come at a cost of careers of H1-B folks. So, when we finally graduate with a GC, we will be looking at a market with very few jobs in our skillset, since CIOs have already shipped them back home. It's been a amazing twist of fate.

ssvp you have a good handle on reality. Thats pretty much how i see it.

[mysati]

I made one decision as soon as I came to know about GC mess in US - Life must go on, me or my family will not compromise(buying home/cars, having kids etc. etc) due to long wait to get GC. GC will happen on its time.. if it doesn't happen then anyways you are screwed why not enjoy prime years of your life. I don't have GC yet but have never hold off anything for GC.

Great decision. I personally have followed what you have mentioned. Had to go through a big uncertainity and uphavel in 2008 due to the downturn but just focussed on the short term to keep focussed and cross the bridge (not becoz' of great insight but whatelse can you do when things are beyond your control!)

One other thing that maybe helpful is not following/ tracking all sites daily (no offense to anyone here :) You guys are doing a great job). I have refrained from this for the past almost 3.5 years...used to check visa bulletins once a quarter just to get updates. It helped maintain my sanity and not keep myself pre-occupied with the worries. Now that my PD is within a year, I started going through the stuff to appraise myself of the next steps.

This method worked for me not suggesting it is the best for all. Everyone's situation is different and can follow whatever works for them and makes them sleep at night.

[soggadu]

OMG... lot of Duvaa(issmoke) in the forums now a days...har koi, kissi aur pe jal raha hein... i understand guys all those EB1's or not passing bills is not fair... but come on, life mein kuch bhi toh fair nahi hein... Like WAITING bhai... Never comprmise, i recently met a guy, his wife was working in pharma with very good pay (nearly 5 figure) on H1... They deliberately shifted her to H4 for planning for kid (second one)...they are not old and they could have waited until GC and all...His PD will be current next month... But what he told makes lot of sense... Never mix anything in life with immigration if possible and let it go in its own track... I was very impressed with him... So people of the forum... Fight for your rights with pride but not with jealous or frustration and always LIVE LIFE KING SIZE...vuuuuiiiimaaaa ee toh bhashan ho gaya re baba....

[leo4ever]

ssvp bhai, I totally understand your feelings and I sometimes wish I had gone to UK instead but there are many people here ( you know who I mean..Q..Spec..etc) who don't have to be worried about GC etc and still help us out so much... and that gives me real hope. I love this quote Q posted a while back....very inspirational !

"There is a terrific statement by pastor Martin Niemoller (from wikipedia) about the Nazi rise to power and the purging of their chosen targets, group after group.
First they came for the communists,
and I didn't speak out because I wasn't a communist.
Then they came for the trade unionists,
and I didn't speak out because I wasn't a trade unionist.
Then they came for the Jews,
and I didn't speak out because I wasn't a Jew.
Then they came for me
and there was no one left to speak out for me."

Nice Quote, love it.

[evoori]

I agree..

OMG... lot of Duvaa(issmoke) in the forums now a days...har koi, kissi aur pe jal raha hein... i understand guys all those EB1's or not passing bills is not fair... but come on, life mein kuch bhi toh fair nahi hein... Like WAITING bhai... Never comprmise, i recently met a guy, his wife was working in pharma with very good pay (nearly 5 figure) on H1... They deliberately shifted her to H4 for planning for kid (second one)...they are not old and they could have waited until GC and all...His PD will be current next month... But what he told makes lot of sense... Never mix anything in life with immigration if possible and let it go in its own track... I was very impressed with him... So people of the forum... Fight for your rights with pride but not with jealous or frustration and always LIVE LIFE KING SIZE...vuuuuiiiimaaaa ee toh bhashan ho gaya re baba....
So today is going to be the last day for this thread ? I am waiting to welcome new thread with new energy in a new year (Ofcourse not CY but FY) tomorrow.. Lets do not have Duvaa on the new thread..

[immitime]

I am airing a good thought and a good prayer let all of US EB immigrants get a GC within 2 years from now. Let this Prayer happen. Sending good thoughts to every body to have a lesser conflict. and to weigh fulfilled and unfulfilled desires, keep the high ambition along with prayers.(and of course we need to do our part) Things will and should happen. Let everyone get their GC. Because suffering is the same for each one of us immaterial of category. And Politricks and economy along with lobbying is bad out there. And exploitation by so called Big consulting companies.. with greedy mentaity effects each one's life. Let us wish for a more peaceful, Free and Knowledgable life!

[soggadufan]

Excellent soggadu, that is true. I like this, I am going to put these kind of quotes on my wall, so i can read them to feel better
OMG... Fight for your rights with pride but not with jealous or frustration and always LIVE LIFE KING SIZE...vuuuuiiiimaaaa ee toh bhashan ho gaya re baba....

[soggadu]

Excellent soggadu, that is true. I like this, I am going to put these kind of quotes on my wall, so i can read them to feel better

thnx dude...where have you been... also what is your PD?

[soggadufan]

I am hiding all this time, not missing any humor. My PD is Aug 2008. You are close to getting it right?


thnx dude...where have you been... also what is your PD?

[soggadu]

I am hiding all this time, not missing any humor. My PD is Aug 2008. You are close to getting it right?

i dont know....mine is Oct 22 2007... not sure when but this FY for sure atleast to apply for EAD and AP...

[qesehmk]

Some interesting news from Ron Gotcher.

http://www.imminfo.com/News/Newsletter/2011-9-30/interesting-comments.html
http://www.imminfo.com/News/Newsletter/2011-9-30/DOL-wasted-effort.html

Basically he makes 3 points:
1. UCSIS may ask people to file amended H1B if they switch jobs. This is quite scary.
2. USCIS confirmed that H1 extension beyond 6 years continues to remain valid even if 140-485 gets rejected.
3. The whole PERM stoppage in last 2 months turned out a wasted exercise.

On the 3rd point - Surprise Surprise!! We keep telling you guys that the way backlog is eliminated is policy driven. note- As per 2012 this doesn't impact predictions. The PERM approvals throughput will remain the same its the timing of approval that will be affected.






Q, The ecosystem that you created is great.
needid, thanks for kind words. We were lucky that people like respectful and helpful environment. In terms of knowledge and intelligence, I think there already are people on this forum who are more intelligent and knowledgeable than me :)

[qblogfan]

Thanks for sharing.

For point 3, do you mean our backlog will be reduced quicker because of the pause of PERM?

How much impact can it cause? I remember the pause was from June 30th to September, right?


Some interesting news from Ron Gotcher.

http://www.imminfo.com/News/Newsletter/2011-9-30/interesting-comments.html
http://www.imminfo.com/News/Newsletter/2011-9-30/DOL-wasted-effort.html

Basically he makes 3 points:
1. UCSIS may ask people to file amended H1B if they switch jobs. This is quite scary.
2. USCIS confirmed that H1 extension beyond 6 years continues to remain valid even if 140-485 gets rejected.
3. The whole PERM stoppage in last 2 months turned out a wasted exercise.

On the 3rd point - Surprise Surprise!! We keep telling you guys that the way backlog is eliminated is policy driven. note- As per 2012 this doesn't impact predictions. The PERM approvals throughput will remain the same its the timing of approval that will be affected.





needid, thanks for kind words. We were lucky that people like respectful and helpful environment. In terms of knowledge and intelligence, I think there already are people on this forum who are more intelligent and knowledgeable than me :)

[qesehmk]

qbf, i think there should be no impact of #3. It only impacts EB2ROW from SOFAD perspective. And since the numbers are relatively small ... 2 months impact is next to nothing.

Thanks for sharing.

For point 3, do you mean our backlog will be reduced quicker because of the pause of PERM?

How much impact can it cause? I remember the pause was from June 30th to September, right?


LoL! So true!

Wonder what the H in H1B stands for? Harassment?

I am not sure but I think amendment would be revalidation rather than just saying this is same job different employer.

applying for a new H1B (transfer ) is already in place when we switch jobs right... so whats new Q?



I think this rule is not applying H1B when chaging employer, but amending H1B when changing client (project) with the same employer.
I do not know if that is true. But I wouldn't be surprised if it is. That would be yet another roadblock for legal immigrants.

[nishant2200]

I agree somewhat!. Please watch cspan discussion held on 28th sep 2011, it seems many industry-academia leaders accept the fact that immigration policies need to be changed. However it would be interesting to see how does it take effect when the popular opinion is against the immigration.. even the legal immigration. Did you see California pack commercials during Republican debates ? Many groups/organizations are demanding the curb on legal immigration.
You can watch cspan discussion here : www.c-spanvideo.org/program/301798-3

I really like your username: codesmith

[immitime]

This is so True, and it is happening

Source:-http://www.ilw.com/articles/2011,0927-algase.shtm

According to another Headline in the same ID issue, nativist groups are now ramping up their attacks on authorized ("legal", "documented") immigrants by trying to make them scapegoats for the bad economy and high unemployment. When have we heard this before? Open up a book about almost any period in American history.

What does this mean for the current administration and President Obama's re-election chances?Only one thing - no matter how many non-criminal immigrants he continues to deport, families he breaks up, American children he leaves without a parent or breadwinner; no matter how many skilled foreign professionals are denied approval of petitions or visas for no good reason or have them held up by meritless, politically motivated RFE's, the anti-immigrant right will never vote to re-elect Obama. There will always be a more extreme anti-immigrant position that the demagogues and hate groups will try to exploit.

I am not even mentioning the right wing nuts who think that Obama himself is America's "Illegal Immigrant In Chief". As the president himself says, even if he built a fence, the antis would want a moat. Even if he built a moat, they would want to put alligators in it. Then why is the president himself continuing to build a fence separating his Department of Homeland Security from any actions that would show real fairness, justice or compassion to minority immigrants? Why is he still throwing them in a moat with the twin alligators of deportation and unjustified petition and visa denials?

[qblogfan]

AC21 removed the country limit in quarter basis. Any leftover in each quarter should go to EB2-IC, but in the past the leftover didn't go to EB2-CI until each end of fiscal year. Here is a quote from this document:

"The American Competitiveness in the Twenty-First Century Act (AC21) removed
the per-country limit in any calendar quarter in which overall applicant
demand for Employment-based visa numbers is less than the total of such
numbers available."


Basically Mr.CO should have assigned visa numbers to EB2-CI on a quarter basis, but he didn't follow the rule.

I found the official link from USCIS:

http://www.travel.state.gov/pdf/Immigrant%20Visa%20Control%20System_operation%20of .pdf



Nishant

we have diff meaning in our South Indian languages
Tamil - Uncle

[immitime]

I think, nothing is going to happen, until economy is up and the unemployment goes back to 6% or 5 %, until that EB immigrants will be the political football!! that is the sad Truth everyone of us should accept, no amount of online petitions, nothing is going to work, Even though all these so called authorities knows what is the reality. they don't give any value to that.. that means our frustrations about GC will remain Until economy gorws and unemployment rates comes down. or we all join the Indian companies and apply on EB1 international manager category!!!

[nishant2200]

I can feel you my friend. I know what you are saying.

About the investment part I agree, US is right now trying to literally sell the EB5 GC like a car salesman to a "bakra" (meaning unknowing, literally translates to a male goat :) that has a different context) buyer. I had some little bit stuff in my IRA savings, and that is now in the negative. I have less money than my contributions, forget earnings. Totally screwed up by the stock market. I like your comparison to one big casino, very apt! I should have bought real estate in India. someone kick me in the backside... ouch.


And Q this is the sole reason i had mentioned the wrong doings of Qualcomm, Infy, Cognizant. When one has crossed over to the right side of GC, he/she suddenly does not feel the stress anymore, and one feels entitled to act like a mahatma giving sermons of right and wrong. Please note that neither i am not angry of the discussion last week and nor making pun. All this is a pretty human way of reacting to a situation. But when you are in the shoes of someone who cannot take a new job, cannot take a new contract, your PD even though so near, feels like light years away.

@nishant i IMHO, someone would be out of hid mind to invest $500k to $1 million to invest in US via EB5. Past few years of stock market has shown that anything you put over there, just gets taken off pretty soon and you are left with a red colored TD account. That is the sole reason big companies are stock piling their billions and not investing 'cause the whole system has become a one big casino.

[gcseeker]

Kingcaesar

AC-21 Memo

http://www.uscis.gov/USCIS/Laws/Memoranda/Static_Files_Memoranda/Archives%201998-2008/2005/ac21intrm122705.pdf

Just to add to the information.

1.AC-21 can be invoked after your 485 has been pending after 180 days .Rule says you must be granted the EAD before that.
2.It is not be intrepreted as waiting for 180 days after EAD has been received.
3.Your friend might not have been confused.He might have filed concurrently his I-40 and I-485 and in his case 180 days from either I-40 or I-485 would be same.However still I-140 approval would be necessary to invoke AC-21.

I would not recommend doing an AC-21 even after 180 days in the current economy with so many questions nowadays being raised about portability and occupational classification codes etc.Just wait till the whole thing is over.


Dear Friends!
I was always under the impression that one should be with the employer for a 180-day period after receiving the EAD. But a friend rubbished my opinion and said it is at least 180 days after approval of I-140 (which I already had). Is this correct? Could anyone please advise? In this case, when can I change jobs? after filing I-485 or After getting EAD? BTW: My PD is 17-sep-2007.

[10102007]

I would not recommend doing an AC-21 even after 180 days in the current economy with so many questions nowadays being raised about portability and occupational classification codes etc.Just wait till the whole thing is over.

Exactly. I read in murthy.com that even after getting your GC, it is better to stick with the same employer for 6 months to 1 year to avoid any issues during naturalization process, if anyone wishes to get that far.

[nishant2200]

Exactly. I read in murthy.com that even after getting your GC, it is better to stick with the same employer for 6 months to 1 year to avoid any issues during naturalization process, if anyone wishes to get that far.

My friend took a paid phone consultation with murthy firm and was advised same thing.

[qblogfan]

The root of all these things is: a re-balance between developed countries and developing countries.

People in developing countries have been working hard for many years and they deserve more. The wealth is going to the developing countries now.

In US I found many people are very lazy and don't do much work, but they are making thousands of dollars. Do you think this will last forever?


I too feel what ssvp22 is saying.It still gets my blood pressure very high and that is the sole reason avoid thinking about the EB1C fraud and other visa frauds.

The experience of the past ten years has taught me nothing will be done by the authorities.Tons of reasons( Anti Immigrant sentiment,economy,Lobbying,Companies which are actively participating in this ponzi scheme )

Anywaz on the topic of the stock market.Just some general advice.

1.The days of buy and hold are long gone.These are the days of HFT ( high frequency trading) .
2.The only ones that benefit from this market are day traders in general and big money.
3.If you are not playing options you will not get to short the market.
4.US recession is 200% sure with the current crisis in Greece.If the greek bullet misses ...next in line will be the PIGS countries.
5.Even if Europe is saved there are sufficient structural problems in the US itself ( Copper down,Railroads down...Unemployment sky high....Fed printing money) .

Anywaz I just hope it contributes something to the SOFAD.

[SmileBaba]

Dear Friends!
I was always under the impression that one should be with the employer for a 180-day period after receiving the EAD. But a friend rubbished my opinion and said it is at least 180 days after approval of I-140 (which I already had). Is this correct? Could anyone please advise? In this case, when can I change jobs? after filing I-485 or After getting EAD? BTW: My PD is 17-sep-2007.
If you are getting a good opportunity then talk to your current employer and tell him that you will be interested in filing the 485 with them. If your employer agrees, then transfer H1, and while working with the new employer you can file 485 with your old employer
(when your PD gets current).

Now if your 485 gets approved before 180 days of filing then you must join your old employer after GC approval. Or else, if your 485 doesn't get approved for 180+ days, then you can file AC21 and continue to work with new employer even after getting GC approval (with old employer).
Hope I am making sense here.
Gurus: What could be the risks involved in this scenario?

[cool_mj007]

Apologies for being off topic on this but saw an interesting article in the news today and couldn't resist sharing with the group.

http://thehill.com/blogs/on-the-money/801-economy/184401-bloomberg-calls-for-four-part-immigration-reform

Call me an (overly) optimistic if you want but I feel like relief for folks like us is on the way. Within a year there will be some major changes to the legal immigration system and there will not be any retrogression within EB2 category. I am seeing appetite building on both sides of the isle to make changes to legal immigration system.
Thanks!

[qesehmk]

ssvp you don't seem to be interested in any fruitful discussion. You are quite frustrated with EB1C and I understand that and I respect your opinion. But you initially attacked me and even after I gently responding you are doing the same again by saying this is my forum. I repeat, I have always opposed any ill talk about any EB or FB category even when I didn't have a GC.

You are damn right about one thing though. This is my forum and one thing that I have always gone long lenths is preserving the freedom of speech. However, if you care to trace my behavior I am not one shy for fight because there many such scumbags like you on some of the other forums and people on this forum are sick of that culture and that is why they come here.

I just hate that you have just wasted precious few minutes of such readers who will end up reading my response to you. And I don't want that to happen again. So good luck to you and I say without any regrets that you are not welcome to post here to even visit here. Go figure your GC path yourself. You seem to have pretty good handle on it.


Q, i am not making personal attack. All i am saying is that once you are no longer under a situation, it is very hard to understand the stress and situation of other person. This is basic human nature. Its the same for me. For the people who are in this situation right now, it has become like people on ladder pulling the leg of the one on top, and the players are - Recession - INS - and and People without GC.

Also its not about making a point on EB1C and moving on. From my experience and perception, this forum is about forming opinion, analyzing contradicting opinions, and if possible contribute(vote on bills) and take decisions(on personal level till now - like getting medical done....). In the case of EB1C, it is a rampant abuse of law that is happening and people and media need to be aware of that. And from the discussion till now, quite a few people agree to that. And till the time abuse impacts people personally, there cannot be a moving on scenario. If you really want to treat it as your forum, so be it, and i can call it quits on the EB1C issue.

[gcoracle]

Oh wow Q! Never saw you worked up so much. Seems like the guy got to you. Just ignore him (easier said than done, especially after a tiring work day). Most of us spend so much time here that we love you and don't want to see you get upset.

[leo4ever]

Apologies for being off topic on this but saw an interesting article in the news today and couldn't resist sharing with the group.

http://thehill.com/blogs/on-the-money/801-economy/184401-bloomberg-calls-for-four-part-immigration-reform

Call me an (overly) optimistic if you want but I feel like relief for folks like us is on the way. Within a year there will be some major changes to the legal immigration system and there will not be any retrogression within EB2 category. I am seeing appetite building on both sides of the isle to make changes to legal immigration system.
Thanks!

I think i am more kind of pessimist on legal immigration... I read such articles everyday and i lost confidence if anyone is really intrested in legal immigration. But i will the happiest person if something good can happen to us..

[qblogfan]

me too. These proposals have been discussed since 2007, but nothing happened in the past four years. I hope they can do something to help out the legal immigrants with late PDs. Many families need a huge relief!


I think i am more kind of pessimist on legal immigration... I read such articles everyday and i lost confidence if anyone is really intrested in legal immigration. But i will the happiest person if something good can happen to us..

[srimurthy]

What blows me away is this! If I had $500K to invist in a business in US, roughly translated 2.5 crores in Inidan Rupees liquid assets or free cash, I would setup the same business in a growing economy like India and also I will live a lavish life there with helpers and handy-man's at disposal than coming over to US and working on the logistics on my own. So the EB5 is for someone who made and saved that much money while in US and then planning to go indepenent. And I guess my the time someone saves that much, they would have alredy been greened. So EB5 would not make sense - my thoughts.


I can feel you my friend. I know what you are saying.

About the investment part I agree, US is right now trying to literally sell the EB5 GC like a car salesman to a "bakra" (meaning unknowing, literally translates to a male goat :) that has a different context) buyer. I had some little bit stuff in my IRA savings, and that is now in the negative. I have less money than my contributions, forget earnings. Totally screwed up by the stock market. I like your comparison to one big casino, very apt! I should have bought real estate in India. someone kick me in the backside... ouch.

[soggadu]

i see the expectations rising again like mercury during indian summer... chil out bro's and sister's of those bro's... every time expectations are high, the VB is going bad...

[gcseeker]

Srimurthy

Definetly your perspective makes sense for many of us . Q had posted an article from msnbc which talked about the desire of many rich chinese and europeans who had made a lot of money but desired the explore the life in a western society for its appeal of an open culture and were using the EB5 to immigrate to the US.

EB5 makes huge sense for these people.Also this trend will increase with the increase of wealth in Asia .

From the Time magazine.

http://www.time.com/time/world/article/0,8599,2077139,00.html






What blows me away is this! If I had $500K to invist in a business in US, roughly translated 2.5 crores in Inidan Rupees liquid assets or free cash, I would setup the same business in a growing economy like India and also I will live a lavish life there with helpers and handy-man's at disposal than coming over to US and working on the logistics on my own. So the EB5 is for someone who made and saved that much money while in US and then planning to go indepenent. And I guess my the time someone saves that much, they would have alredy been greened. So EB5 would not make sense - my thoughts.

[qesehmk]

I also keep thinking aboutthe same logic you laid out below. But then sometimes I think people really value the peace, freedom and openness after they have attained a minimum stability in life.


What blows me away is this! If I had $500K to invist in a business in US, roughly translated 2.5 crores in Inidan Rupees liquid assets or free cash, I would setup the same business in a growing economy like India and also I will live a lavish life there with helpers and handy-man's at disposal than coming over to US and working on the logistics on my own. So the EB5 is for someone who made and saved that much money while in US and then planning to go indepenent. And I guess my the time someone saves that much, they would have alredy been greened. So EB5 would not make sense - my thoughts.

[qblogfan]

I agree. I know the US agencies are promoting this EB5 program in China. Many rich people moved here for the less crowded environment. It is very crowded in China especially in big cities. Usually it's difficult to find a seat in McDonalds and the speed on local roads with serious traffic jam is less than 20MPH in Beijing. The parking facilities are also very limited. A tiny 1000 sqft apartment in Beijing can cost 300k-400k USD. I heard many rich people really want to drive on the American highway and buy fancy houses in USA, which are much nicer. Because they are rich, so they can spend 6 months in US and 6 months back home, really enjoy themselves and don't feel lonely. Small guys like myself have to keep working and enjoy one month vacation under employer's mercy. Life is boring and lonely.


Srimurthy

Definetly your perspective makes sense for many of us . Q had posted an article from msnbc which talked about the desire of many rich chinese and europeans who had made a lot of money but desired the explore the life in a western society for its appeal of an open culture and were using the EB5 to immigrate to the US.

EB5 makes huge sense for these people.Also this trend will increase with the increase of wealth in Asia .

From the Time magazine.

http://www.time.com/time/world/article/0,8599,2077139,00.html

[srimurthy]

Got it, any idea if we have stats that break up EB5 Approval numbers on Country basis! Also I grew up with the notion that Europe is also a western society, also heard its more beautiful. never got a chance to travel there.. and hoping to do so after getting greened.

Srimurthy

Definetly your perspective makes sense for many of us . Q had posted an article from msnbc which talked about the desire of many rich chinese and europeans who had made a lot of money but desired the explore the life in a western society for its appeal of an open culture and were using the EB5 to immigrate to the US.

EB5 makes huge sense for these people.Also this trend will increase with the increase of wealth in Asia .

From the Time magazine.

http://www.time.com/time/world/article/0,8599,2077139,00.html

[gcseeker]

qblogfan

You hit the nail on the head and definetly your perspective of having lived there helps.I too agree this trend will only increase with time and it is an natural outgrowth of wealth being spread.


I agree. I know the US agencies are promoting this EB5 program in China. Many rich people moved here for the less crowded environment. It is very crowded in China especially in big cities. Usually it's difficult to find a seat in McDonalds and the speed on local roads with serious traffic jam is less than 20MPH in Beijing. The parking facilities are also very limited. A tiny 1000 sqft apartment in Beijing can cost 300k USD. I heard many rich people really want to drive on the American highway and buy fancy houses in USA, which is much nicer. Because they are rich, so they can spend 6 months in US and 6 months back home, really enjoy themselves. Small guys like myself have to keep working and enjoy one month vacation under employer's mercy.

10102007

:) Fav song of mine from Baba ( actually love the movie as well since it dared to potray an metaphysical subject in a commercial venture...) .Actually gonna listen to it since you reminded me .

Wishing good luck to everybody.



'thalaivar' (leader/ head/ chief) Rajni takes it one step further. He says everything is maaya and 'chaya' (shadow). Nothing is real. Geez..it's scary.

I think we should start telling people that only the flight ticket is in your control. Everything else - visa, H1 stability, GC etc. - is bonus or maaya.

[Spectator]

Got it, any idea if we have stats that break up EB5 Approval numbers on Country basis! Also I grew up with the notion that Europe is also a western society, also heard its more beautiful. never got a chance to travel there.. and hoping to do so after getting greened.srimurthy,

Figures here http://www.qesehmk.org/forums/showthread.php?56-i140-to-i1485-Ratios-%28From-DHS-Year-Books-of-Statistics%29 will give you an idea.

If you want the full breakdown go here http://www.travel.state.gov/visa/statistics/statistics_5240.html You will find the breakdown in Table V, Part 3 e.g for FY2010 http://www.travel.state.gov/pdf/FY10AnnualReport-TableV-PartIII.pdf

Generally China and ROW consume virtually all the visas issued.

[needid]

I'll be more than happy for people who find a way to get GC quickly. This process is really big pain, we loose so much, we postpone everything/anything until GC is in hand, that's too bad. That's why i am happy for people who could get it faster, they may be finding shortcuts, no body is stopping anybody in finding one, They are taking risk.We don't want to take risk and play by rules and ready to suffer. So rather than having other feeling be happy for people who could find a way to get out of this mess.
The country limit is a mess, some countries don't even have a workforce that is the size of Graduates from India and China put together.My colleague could start GC process after one year of my I-140 approval and everything done in 1 and half year. After his I-140 approval i asked him when are you filing I-485, his answer is i'll file after few months, anyway it is current all the time. That is a luxury, IC could never afford to enjoy. I see people rushing here and there to keep everything ready in 20 days , always worrying about the next VB.
Nobody is taking ours, they would have suffered like us if not for that short cut. Be happy.
PS:I am yet to my I-485.And none of my buddies/relatives gone through short cuts.

[gcseeker]

needid

You shared your opinion honestly and I am going to respect it and share mine plainly as well. This is an topic that will invite much heated responses and I do not wish to prolong this much further at a time when many are waiting for the VB.

I will simply put it this way. What is the difference between this and corruption in India. So everybody willing to take an bribe and willing to give an bribe is sleeping happily and getting something they did not deserve.Everybody else worrying for years to get an job, pay his dues , pay their taxes and wait in line patiently is an fool who could not do the research to find those loopholes and deserves that fate.

I will never in my life agree with such an logic.I am happy to be an fool and not trample on other's live's blatantly in search of my own selfish happiness.

Again I do not wish to prolong this topic ,just am tired of this logic of defending people who exploit shortcuts as some entrepreneur's trekking to the north pole.It takes guts to stick to the rules.Any damn coward can bribe his way out of the system.It is not an question of being happy for those people jumping lines...imagine if everybody did that ...then you will have pretty much the law of the jungle ruling societies.

Where does one draw the line.


I'll be more than happy for people who find a way to get GC quickly. This process is really big pain, we loose so much, we postpone everything/anything until GC is in hand, that's too bad. That's why i am happy for people who could get it faster, they may be finding shortcuts, no body is stopping anybody in finding one, They are taking risk.We don't want to take risk and play by rules and ready to suffer. So rather than having other feeling be happy for people who could find a way to get out of this mess.
The country limit is a mess, some countries don't even have a workforce that is the size of Graduates from India and China put together.My colleague could start GC process after one year of my I-140 approval and everything done in 1 and half year. After his I-140 approval i asked him when are you filing I-485, his answer is i'll file after few months, anyway it is current all the time. That is a luxury, IC could never afford to enjoy. I see people rushing here and there to keep everything ready in 20 days , always worrying about the next VB.
Nobody is taking ours, they would have suffered like us if not for that short cut. Be happy.
PS:I am yet to my I-485.And none of my buddies/relatives gone through short cuts.

[srimurthy]

Thanks Spec, the numbers make sense and support the thoughts. Also the more time I spend here I am able to understand those numbers better. After I created a profile here, I took my own time, infact still taking my own time to understand each and every fact that is laid out there. Since I have a lot of time with PD in 2010, I hope to digest every number crunching the fab 5 are doign all the time ;-)
I am in no hurry as I know this is the path I took and will focus more on maintaining the status and job than worrying why some category is getting more or less visas. Meanwhile keep contributing to any votes, donations on the senators part where they can push some bill that will ease the wait times for EB2 and EB3.


srimurthy,

Figures here http://www.qesehmk.org/forums/showthread.php?56-i140-to-i1485-Ratios-%28From-DHS-Year-Books-of-Statistics%29 will give you an idea.

If you want the full breakdown go here http://www.travel.state.gov/visa/statistics/statistics_5240.html You will find the breakdown in Table V, Part 3 e.g for FY2010 http://www.travel.state.gov/pdf/FY10AnnualReport-TableV-PartIII.pdf

Generally China and ROW consume virtually all the visas issued.

[immitime]

I'll be more than happy for people who find a way to get GC quickly. This process is really big pain, we loose so much, we postpone everything/anything until GC is in hand, that's too bad. That's why i am happy for people who could get it faster, they may be finding shortcuts, no body is stopping anybody in finding one, They are taking risk.We don't want to take risk and play by rules and ready to suffer. So rather than having other feeling be happy for people who could find a way to get out of this mess.
The country limit is a mess, some countries don't even have a workforce that is the size of Graduates from India and China put together.My colleague could start GC process after one year of my I-140 approval and everything done in 1 and half year. After his I-140 approval i asked him when are you filing I-485, his answer is i'll file after few months, anyway it is current all the time. That is a luxury, IC could never afford to enjoy. I see people rushing here and there to keep everything ready in 20 days , always worrying about the next VB.
Nobody is taking ours, they would have suffered like us if not for that short cut. Be happy.
PS:I am yet to my I-485.And none of my buddies/relatives gone through short cuts.

Taking shortcuts may give one immediate happiness or pleasure but how about USCIS finds the loop hole and revoking the GC or Citizenship of those who got the green card /citizenship in this easy loop hole way. that is more scary than waiting in line.

Hope the everybody gets what they want and there is absolute PEACE!

[soggadu]

I'll be more than happy for people who find a way to get GC quickly. This process is really big pain, we loose so much, we postpone everything/anything until GC is in hand, that's too bad. That's why i am happy for people who could get it faster, they may be finding shortcuts, no body is stopping anybody in finding one, They are taking risk.We don't want to take risk and play by rules and ready to suffer. So rather than having other feeling be happy for people who could find a way to get out of this mess.
The country limit is a mess, some countries don't even have a workforce that is the size of Graduates from India and China put together.My colleague could start GC process after one year of my I-140 approval and everything done in 1 and half year. After his I-140 approval i asked him when are you filing I-485, his answer is i'll file after few months, anyway it is current all the time. That is a luxury, IC could never afford to enjoy. I see people rushing here and there to keep everything ready in 20 days , always worrying about the next VB.
Nobody is taking ours, they would have suffered like us if not for that short cut. Be happy.
PS:I am yet to my I-485.And none of my buddies/relatives gone through short cuts.

Needid, you shouldnt be happy for people who get GC fast ( they will have some other reason to postpone things ), you should be happy for people who dont procrastinate important things in life until GC in hand... I know lot of people might not agree with me ( i was one of them till recently ), but it is very easy to not mix the way of life and GC... have seen it to believe it...

Going in shortcuts is not considered taking risk morally, please understand not everyone is afraid of risks but want to live with ethics... i know a lot of my friends who dont want to cheat on resume, not because they cant support it, just because they dont want to do it...DOT...

The grass is greener on the other side always dear... i would say dont worry about ROW getting GC's soon... if you are in for a long wait, these feelings will only multiply the frustration... if a little boy in somalia questions why he was not born in a rich family in india, there is no answer... its the karma, if you want to believe in one... move on brother...

i dont write/lecture in this way normally, but now a days i am seeing lot of frustration in people for things which are not in their control... chill out people.... life is more beautiful than this...

[Kanmani]

but it is very easy to not mix the way of life and GC...

No It is not that easy ......particulary if the applicant has a lot of commitments backhome .

[soggadu]

understand offshore responsibilities make life little harder but once you accept certain things, it will at least not turn into frustration which i was trying to point out and also, getting a GC can only get you in and out of country (which even H1 or ead can also achieve it for you ) freely and nothing else...ask your GC friends... my main response was to the Needid's idea... PM me for more discussions :-) ...

[qblogfan]

The problem is it's not easy for everybody to travel with H1B.

Firstly, for Chinese nationals, the H1B visa is only valid for 3 months and we have to get stamped almost every time. In Beijing we have to make appointments one month earlier. For the workers in the senstive fields, the US embassy will check background for 1-6 months. I have been checked last time and I almost missed my flight. Many friends had to change their tickets. One guy got checked for 6 months and he lost his job of course. It's a lot of hassle to travel back without a GC. If I get a GC, I can take short trips like 2 or 3 weeks and visit my family more often. But now I can't take these short trips, every time I have to take 1 month or more.

Secondly, We are all under the employer's mercy without GC. Sometimes we really want to change our jobs immediately, but we can't do that without GC. We have to keep our head down and pretend we are happy. If we have a GC, we can stand up in front of the employers. I think many of us have been mistreated by the employers, but we can't fight back because we are under their mercy. Every time we back up and don't have the courage to fight for what we deserve.

These are the two reasons why a GC can make a huge difference.


understand offshore responsibilities make life little harder but once you accept certain things, it will at least not turn into frustration which i was trying to point out and also, getting a GC can only get you in and out of country (which even H1 or ead can also achieve it for you ) freely and nothing else...ask your GC friends... my main response was to the Needid's idea... PM me for more discussions :-) ...

[soggadu]

The problem is it's not easy for everybody to travel with H1B.

Firstly, for Chinese nationals, the H1B visa is only valid for 3 months and we have to get stamped almost every time. In Beijing we have to make appointments one month earlier. For the workers in the senstive fields, the US embassy will check background for 1-6 months. I have been checked last time and I almost missed my flight. Many friends had to change their tickets. One guy got checked for 6 months and he lost his job of course. It's a lot of hassle to travel back without a GC. If I get a GC, I can take short trips like 2 or 3 weeks and visit my family more often. But now I can't take these short trips, every time I have to take 1 month or more.

Secondly, We are all under the employer's mercy without GC. Sometimes we really want to change our jobs immediately, but we can't do that without GC. We have to keep our head down and pretend we are happy. If we have a GC, we can stand up in front of the employers. I think many of us have been mistreated by the employers, but we can't fight back because we are under their mercy. Every time we back up and don't have the courage to fight for what we deserve.

These are the two reasons why a GC can make a huge difference.

i understand all the reasons my friend, my argument was not to procrastinate things in life because of GC as specified by the original poster... your response is how having a GC can help us better...

[SmileBaba]

If you are getting a good opportunity then talk to your current employer and tell him that you will be interested in filing the 485 with them. If your employer agrees, then transfer H1, and while working with the new employer you can file 485 with your old employer
(when your PD gets current).

Now if your 485 gets approved before 180 days of filing then you must join your old employer after GC approval. Or else, if your 485 doesn't get approved for 180+ days, then you can file AC21 and continue to work with new employer even after getting GC approval (with old employer).
Hope I am making sense here.
Gurus: What could be the risks involved in this scenario?

Friends: Please comment.

[qesehmk]

Applicability of AC21 ceases to exist (technically) after 485 approval. The good news is 485 approval means - technically - you can work for anybody immediately.

I am not aware of ANY law or regulation that says that you have to stay with the GC sponsor for an X period of time after 485 approval. Lawyers do say 6 months. But I am not aware of any law that states that or implies that.

Spec / Teddy - do you know any better on this topic?



If you are getting a good opportunity then talk to your current employer and tell him that you will be interested in filing the 485 with them. If your employer agrees, then transfer H1, and while working with the new employer you can file 485 with your old employer
(when your PD gets current).

Now if your 485 gets approved before 180 days of filing then you must join your old employer after GC approval. Or else, if your 485 doesn't get approved for 180+ days, then you can file AC21 and continue to work with new employer even after getting GC approval (with old employer).
Hope I am making sense here.
Gurus: What could be the risks involved in this scenario?

[nishant2200]

Q, my friend took a paid consultation with Murthy law firm for this.

He works with me, and got a GC few months back and wants to change job.

Murthy law firm told him that, there used to be a law or a field manual memo kind of thing about this and anything less than 6 months used to be a trigger for investigation into EB GC fraud if you went for naturalization and your job history indicated less than 6 months working on GC on the company. They said that there is no such law or directive anymore, but still the naturalization people tend to follow this, and you should work for 6 months to a year after GC, to avoid a EB GC fraud investigation if you go for naturalization.


Applicability of AC21 ceases to exist (technically) after 485 approval. The good news is 485 approval means - technically - you can work for anybody immediately.

I am not aware of ANY law or regulation that says that you have to stay with the GC sponsor for an X period of time after 485 approval. Lawyers do say 6 months. But I am not aware of any law that states that or implies that.

Spec / Teddy - do you know any better on this topic?

[qblogfan]

I-94 Extension

My H-1B expired Sep 17th 2011 and I'm currently warking on EAD. The expiration on my I-94 is also Sep 17th 2011. Do i need to renew my 1-94, re-enter with AP, or surrended/mail it to CIS/CBP? I am assuming I am not violating my legal status being here on an AOS but with an expired I-94. Please advise/comment.

[qesehmk]

Your status is tied to your pending 485. So as long as it is pending or approved you are in status.

EAD gives you ability to work. Working on Expired EAD is certainly illegal. But that doesn't put you out of status.


I-94 Extension

My H-1B expired Sep 17th 2011 and I'm currently warking on EAD. The expiration on my I-94 is also Sep 17th 2011. Do i need to renew my 1-94, re-enter with AP, or surrended/mail it to CIS/CBP? I am assuming I am not violating my legal status being here on an AOS but with an expired I-94. Please advise/comment.

[nishant2200]

qblogfan, weren't you supposed to be still waiting to file 485, how come you have an EAD.

Are you asking for a friend this question, am I missing something here.


I-94 Extension

My H-1B expired Sep 17th 2011 and I'm currently warking on EAD. The expiration on my I-94 is also Sep 17th 2011. Do i need to renew my 1-94, re-enter with AP, or surrended/mail it to CIS/CBP? I am assuming I am not violating my legal status being here on an AOS but with an expired I-94. Please advise/comment.

[qesehmk]

Thanks Nishant. Good info!
qblogfan, weren't you supposed to be still waiting to file 485, how come you have an EAD.

Are you asking for a friend this question, am I missing something here.

[GhostWriter]

gcseeker, difference is corruption is illegal in India and EB1 is a legal category and all the people are getting GCs with their applications meeting specific criteria. Does it hurt me as an EB2-I applicant - Yes, but do i think it is unfair - No. A part of this category is designed to bring in managers. If two people graduated at the same time from college, one worked 5 years in US, then applied for EB2-IC GC 4 years ago, the other worked in India or China moved up the ladder in those 9 years and is now eligible for EB1, how is it unfair. Will there be some abuse of the category by law firms, yes, but it wont be significantly more in percentage terms from the corresponding abuse in EB-2 or EB-3. At the end of the day we all choose the best options available to us within the legal framework.

needid

You shared your opinion honestly and I am going to respect it and share mine plainly as well. This is an topic that will invite much heated responses and I do not wish to prolong this much further at a time when many are waiting for the VB.

I will simply put it this way. What is the difference between this and corruption in India. So everybody willing to take an bribe and willing to give an bribe is sleeping happily and getting something they did not deserve.Everybody else worrying for years to get an job, pay his dues , pay their taxes and wait in line patiently is an fool who could not do the research to find those loopholes and deserves that fate.

I will never in my life agree with such an logic.I am happy to be an fool and not trample on other's live's blatantly in search of my own selfish happiness.

Again I do not wish to prolong this topic ,just am tired of this logic of defending people who exploit shortcuts as some entrepreneur's trekking to the north pole.It takes guts to stick to the rules.Any damn coward can bribe his way out of the system.It is not an question of being happy for those people jumping lines...imagine if everybody did that ...then you will have pretty much the law of the jungle ruling societies.

Where does one draw the line.

[qblogfan]

I don't understand what is going on. Somebody used my account and posted.

I think somebody stole my account!!!



qblogfan, weren't you supposed to be still waiting to file 485, how come you have an EAD.

Are you asking for a friend this question, am I missing something here.

[qblogfan]

who are you? why did you use my account to post here?


I-94 Extension

My H-1B expired Sep 17th 2011 and I'm currently warking on EAD. The expiration on my I-94 is also Sep 17th 2011. Do i need to renew my 1-94, re-enter with AP, or surrended/mail it to CIS/CBP? I am assuming I am not violating my legal status being here on an AOS but with an expired I-94. Please advise/comment.

[nishant2200]

I don't understand what is going on. Somebody used my account and posted.

I think somebody stole my account!!!

change your password qblogfan and make it tough password.

[Monica12]

change your password qblogfan and make it tough password.
yes, and also if you are at work or using a public computer, log out when you step away from your computer. There is all kind of scam these days on the internet... the other day, read that someone got scammed on Facebook by posing as their sister... geez, all this enough to make one paranoid. Be careful, guys!

[needid]

Looks like i need to throw some words here to close it.

Probably i should not have used "shortcut" in my original post. Replace short cut with EB1C.You and me know how fair is GC/VISA process.
Consider this, you are standing in queue since 4AM for door buster sale for item X. Your friend also want X , but does not want to stand in line, sits home and searches for online deals. Before you even reach the door to bust it, he gets the order confirmation for X. Did he jump in line, no he just found another quick and risky way to get it. You are sure you'll get it by standing in line. I too would stand in line, bcoz i want X and don't want to take risk of not having one.

Projecting resumes part: You have multiple skills, but it is always how you project your skills gets you the job. I am not talking about people who do not have skill, but have in their resume. 90% world is running on how you package and market it.

Some people choose to work so that they can get guaranteed and regular income. Some people take risk and do business. Normally business people life is risky, but it may be the quickest way to riches.

Let us not find fault with others, just pick your path and move on.

[waitingEB2]

I hope dates move fast. The check list that I got from my attorney to file I-485 do not require any pay stubs or W2s. I checked with them and they say it is not necessary and they do not want to provide any thing more than required. is it ok to apply for
I-485 without pay stubs and two years of W2 ???

[ChampU]

wow wow wow...Q... r u serious? BTM or MKCK ( maa ki!!!!...current kardo)?????

MKCK.. Love it!! Please add this term to the glossary..

[tackle]

tackle
I am on full time off:)

Oops, sorry. And, all the best!

[soggadu]

on a lighter note... after monday and tuesday even calender is saying WTF (MTWTF)... might be about this bulletin...

[gchopeful123]

Lol... qblogfan, I really love the way you are constantly after Mr. CO :)

Good luck to you and us all for the Nov VB.


I don't understand what is going on.

What Mr.CO is doing is totally unpredictable!

Sometimes he says we should get 200 per month, sometimes he says we can get 5600 per month. What is his logic behind all these?

He is a crazy man indeed!

[10102007]

Let's start the refresh game now.:D

http://travel.state.gov/pdf/visabulletin/VisaBulletin_November2011.pdf

Never worried too much about filing for 485, GC etc. in the past because there were no issues with H1B. Now with the stamping torture, we badly need it. For me that is the number 1 reason.

Unable to work in the office with all this waiting and anticipation. All the very best to everybody.

[cbpds1]

On a lighter side its funny that qblogfan is asking qblogfan "who are you" :)


who are you? why did you use my account to post here?

[soggadu]

Looks like i need to throw some words here to close it.

Probably i should not have used "shortcut" in my original post. Replace short cut with EB1C.You and me know how fair is GC/VISA process.
Consider this, you are standing in queue since 4AM for door buster sale for item X. Your friend also want X , but does not want to stand in line, sits home and searches for online deals. Before you even reach the door to bust it, he gets the order confirmation for X. Did he jump in line, no he just found another quick and risky way to get it. You are sure you'll get it by standing in line. I too would stand in line, bcoz i want X and don't want to take risk of not having one.

Projecting resumes part: You have multiple skills, but it is always how you project your skills gets you the job. I am not talking about people who do not have skill, but have in their resume. 90% world is running on how you package and market it.

Some people choose to work so that they can get guaranteed and regular income. Some people take risk and do business. Normally business people life is risky, but it may be the quickest way to riches.

Let us not find fault with others, just pick your path and move on.

you are missing the whole point..kabhi old monk ke saath bhetna padega tumhe leeke... (you me and old monk will better understand you things)

[immitime]

EB-3 could take 70 years!!!!

http://www.rediff.com/business/slide-show/slide-show-1-skilled-indian-will-have-to-wait-70-years-for-green-card/20111005.htm

[nishant2200]

EB-3 could take 70 years!!!!

http://www.rediff.com/business/slide-show/slide-show-1-skilled-indian-will-have-to-wait-70-years-for-green-card/20111005.htm

Basically I think currently, there is certainly a push going on to portray the sad plight of EB based immigration. It would be interesting to find out who funded this report.

There are groups like IV, NIU, then election year coming up, Republicans, even us all signing those tons of petitions, large companies supporting. Even today I think there is a hearing by some people on STEM students retaining in the house. See OH law firm breaking news.

[gcseeker]

Q

:) All of you physics buffs are forgetting the great mumbai consulate which will contribute its share of the butterfly effect and results will be solely determined by that factor.

One small letter typed wrong...Mr X(Mumbai consulate visa person ) intends to type Jan 2008 and in his hurry to rush to the bathroom ( dont ask why he just had a spicy dinner at the dakshin restaurant) types Jan 2080. This sets off alarm bells in the office of the CO located somewhere deep underground the CIA office in Langley.

Poor CO has to cover up for the mistakes of his employee's..he is like a father to them (actually godfather like and he will deal with this insolence later...) .So CO puts his reputation at stake and makes it current .

And all this while we were blaming the CO.

P.S (The camera zooms out and images are rewinding and one catches an shadowy figure spiking the food with hot jalapenos at the Dakshin restaurant ) .

What you see is an apparent reality.

" The flap of an butterfly over africa will produce an storm over New York"
" The brilliance of mumbai consulate will make this category current "




On another physics side note - i think chaos theory could be quite useful in predicting VB movement and catastrophe theory will useful in explaining events like 2007 fiasco!!

[nishant2200]

dude you really need a drink :D


Q

:) All of you physics buffs are forgetting the great mumbai consulate which will contribute its share of the butterfly effect and results will be solely determined by that factor.

One small letter typed wrong...Mr X(Mumbai consulate visa person ) intends to type Jan 2008 and in his hurry to rush to the bathroom ( dont ask why he just had a spicy dinner at the dakshin restaurant) types Jan 2080. This sets off alarm bells in the office of the CO located somewhere deep underground the CIA office in Langley.

Poor CO has to cover up for the mistakes of his employee's..he is like a father to them (actually godfather like and he will deal with this insolence later...) .So CO puts his reputation at stake and makes it current .

And all this while we were blaming the CO.

P.S (The camera zooms out and images are rewinding and one catches an shadowy figure spiking the food with hot jalapenos at the Dakshin restaurant ) .

What you see is an apparent reality.

" The flap of an butterfly over africa will produce an storm over New York"
" The brilliance of mumbai consulate will make this category current "

[Spectator]

EB-3 could take 70 years!!!!

http://www.rediff.com/business/slide-show/slide-show-1-skilled-indian-will-have-to-wait-70-years-for-green-card/20111005.htmI think the figures are completely overblown and the article loses credence because of that.

There is no need to do that, because the true numbers are quite bad enough anyway.

[needid]

one off topic question
Do we(Employee) receive original I-140 approval? I have only approval notice, Never saw the original I-140, according our admin guy they(Employer) would get only approval notice.It looks like for filing I-485,we don't need original I-140, if one exist, we just need,
--Approval notice for I-140, Immigrant Petition for Alien Worker;

Anybody thinks otherwise.

[Monica12]

q

:) all of you physics buffs are forgetting the great mumbai consulate which will contribute its share of the butterfly effect and results will be solely determined by that factor.

One small letter typed wrong...mr x(mumbai consulate visa person ) intends to type jan 2008 and in his hurry to rush to the bathroom ( dont ask why he just had a spicy dinner at the dakshin restaurant) types jan 2080. This sets off alarm bells in the office of the co located somewhere deep underground the cia office in langley.

Poor co has to cover up for the mistakes of his employee's..he is like a father to them (actually godfather like and he will deal with this insolence later...) .so co puts his reputation at stake and makes it current .

And all this while we were blaming the co.

P.s (the camera zooms out and images are rewinding and one catches an shadowy figure spiking the food with hot jalapenos at the dakshin restaurant ) .

What you see is an apparent reality.

" the flap of an butterfly over africa will produce an storm over new york"
" the brilliance of mumbai consulate will make this category current "
lol !!!!!! LOVE the camera zooms out part...hilarious !

[cbpds1]

based on what we learnt from 3 idiots, guess u are currently in the wrong profession, ur talent is in film scripting :)


Q

:) All of you physics buffs are forgetting the great mumbai consulate which will contribute its share of the butterfly effect and results will be solely determined by that factor.

One small letter typed wrong...Mr X(Mumbai consulate visa person ) intends to type Jan 2008 and in his hurry to rush to the bathroom ( dont ask why he just had a spicy dinner at the dakshin restaurant) types Jan 2080. This sets off alarm bells in the office of the CO located somewhere deep underground the CIA office in Langley.

Poor CO has to cover up for the mistakes of his employee's..he is like a father to them (actually godfather like and he will deal with this insolence later...) .So CO puts his reputation at stake and makes it current .

And all this while we were blaming the CO.

P.S (The camera zooms out and images are rewinding and one catches an shadowy figure spiking the food with hot jalapenos at the Dakshin restaurant ) .

What you see is an apparent reality.

" The flap of an butterfly over africa will produce an storm over New York"
" The brilliance of mumbai consulate will make this category current "

[gcseeker]

dude you really need a drink :D

Nishant can we pleaase pleaase grab the charming CO also and then all three of us can sit down for a drink somewhere pleasant like the Thar desert in Rajasthan...:) ...want to convey my happiness to the CO personally :).

(Thodi si hi to pee hai plays in the background )

Glad the post made both of you smile ( cbpds1 and Monica behen)

[nishant2200]

Don't even take me to my crazy days. Can't say in public forum :)

Let me give you all an example of happiness and freedom after GC.

I just talked to my friend at workplace, he got GC a few months back. He will be completing 6 months after GC in December end and didn't want to change job before that, he was just fishing around a bit, just started. He already got an offer from HP, and they agreed to start date of January 2012, and shall wait for him. The hiring manager has a target to fill out to hire, and he is ok with this. He has been offered 100k salary in Texas, with all benefits as one would expect from HP, he can work from home, any hours, and if relocates to Texas, will get an office.

Nishant can we pleaase pleaase grab the charming CO also and then all three of us can sit down for a drink somewhere pleasant like the Thar desert in Rajasthan...:) ...want to convey my happiness to the CO personally :).

(Thodi si hi to pee hai plays in the background )

Glad the post made both of you smile ( cbpds1 and Monica behen)

[qblogfan]

Hi, my friend, you are so funny!

You should work in Hollywood! I like your scripts!


Q

:) All of you physics buffs are forgetting the great mumbai consulate which will contribute its share of the butterfly effect and results will be solely determined by that factor.

One small letter typed wrong...Mr X(Mumbai consulate visa person ) intends to type Jan 2008 and in his hurry to rush to the bathroom ( dont ask why he just had a spicy dinner at the dakshin restaurant) types Jan 2080. This sets off alarm bells in the office of the CO located somewhere deep underground the CIA office in Langley.

Poor CO has to cover up for the mistakes of his employee's..he is like a father to them (actually godfather like and he will deal with this insolence later...) .So CO puts his reputation at stake and makes it current .

And all this while we were blaming the CO.

P.S (The camera zooms out and images are rewinding and one catches an shadowy figure spiking the food with hot jalapenos at the Dakshin restaurant ) .

What you see is an apparent reality.

" The flap of an butterfly over africa will produce an storm over New York"
" The brilliance of mumbai consulate will make this category current "

[leo4ever]

what happened dude, you changed your avatar? you look good now :-)

[qblogfan]

haha, yeah, I was so surprised to see another guy used my account to post.




On a lighter side its funny that qblogfan is asking qblogfan "who are you" :)

[bhayzone]

As far as I know, you can. Your GC is for future employment and hence you should be able to apply for 485. Double check with your lawyer.

Hey same PD for me too

Yup bud ... we shud hang out !!!!! :-)

Thanks for your reply, I will also check with my lawyer.

[kd2008]

https://wwws.whitehouse.gov/petitions#!/responses


COMING SOON - Responses to Your Petitions

We the People gives Americans across the country the opportunity to petition the Obama Administration to take action on a range of important issues facing our country. If a petition gets enough support, the Obama Administration will review it, make sure it gets to the appropriate policy officials, and issue an official response.

If a petition gets 25,000 signatures within 30 days, it will go into a queue for the Administration to review and respond. We will do our best to respond to petitions that meet this threshold in a timely manner, but it may take a few weeks to issue an official response. All responses will be posted in this section of the We the People platform, and if you signed a petition that we respond to, you'll get an email from the White House to with the response.

Be sure to check back in the coming days and weeks to see petition responses from the White House.

In the meantime you can search for petitions on issues you care about, or create your own petition.


Its 25000 signatures now and not 5000 as before.

[immitime]

Hearing on STEM the TIDE!

Hearing on: "STEM the Tide: Should America Try to Prevent an Exodus of Foreign Graduates of U.S. Universities with Advanced Science Degrees?"


Testimony by VivekWadhwa.

1. The right solution is to significantly increase the numbers of visas that are offered to skilled workers in the EB1-through-3 categories. We also need to remove the per-country limits. If a move such as this proves politically untenable, then the conversion of temporary visas to permanent residencies could be tied to the purchase of a house, of say $250,000 or more in value. 2. We should provide permanent-resident visas for graduates of top U.S. colleges. Given that, among U.S. postgraduate engineering and science students, nearly half of masters and most PhD students are foreign nationals, it makes sense to encourage these students to stay in the U.S. after graduation. Though it will not guarantee that they will stay, it will certainly make it more likely. To limit abuse of this program, it should only apply to degree holders from research universities or universities with established and well-regarded science, technology, engineering and mathematics (STEM) programs. We should also require that students receive job offers from legitimate U.S. corporations. 3. Another solution is to allow skilled workers to get a green card if they start a company that employs Americans. As we noted from our research, the majority of the foreign-born entrepreneurs who started Silicon Valley companies entered the U.S. for education or work. They started companies 13 years, on average, after their arrival in the U.S. So, this was the cohort that had entered the U.S. in the ’80s and early ’90s. A sizeable proportion of the 2000 cohort is stuck in “immigration limbo.” There are tens of thousands of such immigrants who are ready to start companies that create jobs if we let them.

http://judiciary.house.gov/hearings/pdf/Wadhwa%2010052011.pdf


Read the whole

http://judiciary.house.gov/hearings/hear_10052011_2.html

[Kanmani]

I think , Soggadu bhai is taking an afternoon nap. Wake up!!!!!!!!!! Good news is waiting .

Sorry Nishant you missed it by a week.

[cbpds1]

He is trying to change his image but Q's website isnt letting him do so :)


I think , Soggadu bhai is taking a afternoon nap.

Sorry Nishant you missed it by a week.

[gcseeker]

gcseeker, if you are in Los Angeles, would be glad to have drinks and observe a minute of silence for both of us :)

Bro I am quite closeby in San jose and would be more than happy anyday to have drinks with you. Also there is no icon for Jaado ki Jhappi :) for both of us.

May the visa gods hear your words and move it in the next VB too.

[Kanmani]

Yes she must be in USA to apply for AOS.

[ram_40001]

Question

For people who will be filing their I-485's in November, based on current trends, what is the anticipated timeline for receiving

a) EAD/ AP
b) Actual GC

[nishant2200]

EAD/AP within 90 days of application receipt.

GC in dying phases of Q3 FY 2012 if EB1 shows mercy, otherwise anytime in Q4 FY 2012. This is my current take.

I am not sure about quarterly SO model if it's going to be used, if that happens, then it might be in dying phases of Q2 if you are lucky, are already documentarily qualified (your case is clean and pre-approved fast), and EB1, EB2 ROW show mercy. I have not yet paid much thought to quarterly SO model.


Question

For people who will be filing their I-485's in November, based on current trends, what is the anticipated timeline for receiving

a) EAD/ AP
b) Actual GC

[RRRRRR]

Hi All,

Congratulations to all of you who got current and wish good luck to others.

My situation:
My priority date will be current from Nov 1 and I am in US and will be submitting my 485 application. My question is I need to travel to CANADA in first week of November by land and have a valid visa and I-94. My question is do you have any idea how travel affects the application considering that my I-94 will remain as i am leaving and entering by Land.

It will be great if you guys can share your thoughts on this. Thanks for your help.

[Kanmani]

Yes just noticed. In 2007 it was 6 months

[10102007]

Hi All,

Congratulations to all of you who got current and wish good luck to others.

My situation:
My priority date will be current from Nov 1 and I am in US and will be submitting my 485 application. My question is I need to travel to CANADA in first week of November by land and have a valid visa and I-94. My question is do you have any idea how travel affects the application considering that my I-94 will remain as i am leaving and entering by Land.

It will be great if you guys can share your thoughts on this. Thanks for your help.

If it is a short visit, then you get to keep your existing I-94. My friend went for a week and he came back on the same I-94. But as always, please triple check before you do anything. Am not a lawyer and they keep changing rules frequently.

[RRRRRR]

If it is a short visit, then you get to keep your existing I-94. My friend went for a week and he came back on the same I-94. But as always, please triple check before you do anything. Am not a lawyer and they keep changing rules frequently.

Thank You for your quick response

[RRRRRR]

Thank You Q for your quick response


I think she can apply for AOS while you can opt for 485.

To file 485 she needs to be in US which means her H4 needs to come through.

Worst case is your 485 is approved and then she applies for hers based on your GC. But most likely things should be sorted out much before that.






I don't see any problem. H1 is dual intent so even if you are travelling on H1, its not a problem.

[gchopeful123]

Congrats Man!! I am still gchopeful...but now EAD/AP positive (and thankfully it's not a disease) !!!

Just booked my civil surgeon appt for this Sat. Next get forms filled and photos done.


hopefull bhai...ur hopes are full now.... yes i am in too...



Oh my God!! I am current (Sep 2007) !!!

I dont believe this. I was expecting the VB to be out on Fri, not today. Was not ready for this pleasant shock. To think we were discussing about vaccinations just a couple of weeks back.

I was busy today so didnt browse the forum much. I was going page by page until i reached page 13 and voila!!

Soggadu, my jersey desi bhai - are u current?

Congrats to all who are current!!

[natvyas]

Please also let us know how you guys are planning to celebrate the great news !!!!

[qriousjunta]

You can travel to canada with a valid I-94 and or valid stamping.
Do not give the I-94 at the port of entry, this is called AVR(Automatic Visa Re validation), so when you head back within 30 days back to US , you show the same I-94 and probably get a new one with new I-797 if any by the US border officer.
Rule is you have to return within 30 days to use AVR. Good luck.



Hi All,

Congratulations to all of you who got current and wish good luck to others.

My situation:
My priority date will be current from Nov 1 and I am in US and will be submitting my 485 application. My question is I need to travel to CANADA in first week of November by land and have a valid visa and I-94. My question is do you have any idea how travel affects the application considering that my I-94 will remain as i am leaving and entering by Land.

It will be great if you guys can share your thoughts on this. Thanks for your help.

[belmontboy]

wow, amazing...just heard the news...I am happy for all of our guys who are current.
My immediate thought was Nishant missed it, i felt very disgusting ( as some of you know, we have so many things incommon like when we got here when we bought home, when our parents visa's got rejected etc, i am having sentiment that i will get my EAD just after Nishant).
I was going through some of our older posts, i felt Q and guru's are reasonably correct with given data in calculating the forecast ( better than weather man).

we are getting good information on how to file and where to get certain information in this forum, that is what i like most - better than prediction.
Those who are current please pray for us who are not current.

just received AP news alert that Steve Jobs has died. OH Boy! What a day today has been...

[qesehmk]

Thats an awefully sad news on an awesomely brilliant day.

What a great CEO and inventor he has been. Believe it or not in 1995 I evaluated NEXT operating system and Objective C language for him on behalf of IIT where I interned. Then also he was a great personality. But we never knew how much high he was going to soar. God bless his soul.

p.s. belmontboy - on a personal note congratulations on being current.


just received AP news alert that Steve Jobs has died. OH Boy! What a day today has been...

[belmontboy]

Thats an awefully sad news on an awesomely brilliant day.

What a great CEO and inventor he has been. Believe it or not in 1995 I evaluated NEXT operating system and Objective C language for him on behalf of IIT where I interned. Then also he was a great personality. But we never knew how much high he was going to soar. God bless his soul.

p.s. belmontboy - on a personal note congratulations on being current.

Thank you qesehmk.
Today's happiness has been overshadowed by the sad news. Indeed, he was a great visionary and excellent CEO.

[gcseeker]

Monica behen

Those wishes mean a lot and in turn I too pray releif should be in sight for the others waiting down in the line. Many of the posters have mentioned that finally they will have a chance to visit their homeland and see their parents more often...really makes me emotional.Really really happy for all those who are current and in the near future really pray an legislative fix is enacted so that nobody has to jump through so many hoops and be separated from one's dear ones.

Also I hope you get your actual card soon.

I will be listening to "Noor E Khuda --Tu kahan chupa hai hame bata " tonight :) .


Buddy... hang on ! Another month and you'll be in. Praying for you, Gcseeker and others :)

[10102007]

Thats an awefully sad news on an awesomely brilliant day.

What a great CEO and inventor he has been. Believe it or not in 1995 I evaluated NEXT operating system and Objective C language for him on behalf of IIT where I interned. Then also he was a great personality. But we never knew how much high he was going to soar. God bless his soul.



Very sad indeed. It is very upsetting. Donno much about him as a person, but there is no comparison to what he has done for Apple and for the world of technology in general. Donno what to say. Very upsetting.

[Monica12]

Very sad indeed. It is very upsetting. Donno much about him as a person, but there is no comparison to what he has done for Apple and for the world of technology in general. Donno what to say. Very upsetting.
Yes, very sad indeed. He was a great guy...he retired just 6 weeks ago. Hope he had a good life...RIP

[snathan]

Very sad indeed. It is very upsetting. Donno much about him as a person, but there is no comparison to what he has done for Apple and for the world of technology in general. Donno what to say. Very upsetting.

feel the same...very sad. R.I.P steve. We are all going to miss you.

[soggadu]

how can you do this Steve .... Not getting words to describe my anguish... He was THE ICON....

[Monica12]

how can you do this Steve .... Not getting words to describe my anguish... He was THE ICON....
Yeah ! bitter-sweet day today :):(
On a lighter note, glad to see you dancing again. Bet you are not going to sleep tonite :p he.. he..

[Spectator]

I agree it has been a very bitter-sweet day.

Something that always cheers me up and quite poignant I think.

http://www.youtube.com/watch?v=-ECUtkv2qV8

Don't forget to whistle!

A sing-a-long version with better video quality (if you don't know the words).

http://www.youtube.com/watch?v=JrdEMERq8MA&feature=related

Dedicated to Steve Jobs and those others who died too young today (as well as to cheer up those that missed out on being Current).

[veni001]

I agree it has been a very bitter-sweet day.

Something that always cheers me up and quite poignant I think.

http://www.youtube.com/watch?v=-ECUtkv2qV8

Don't forget to whistle!

A sing-a-long version with better video quality (if you don't know the words).

http://www.youtube.com/watch?v=JrdEMERq8MA&feature=related

Dedicated to Steve Jobs and those others who died too young today (as well as to cheer up those that missed out on being Current).

Spec,
Very true, "Always look on the bright side of life...."

[RRRRRR]

You can travel to canada with a valid I-94 and or valid stamping.
Do not give the I-94 at the port of entry, this is called AVR(Automatic Visa Re validation), so when you head back within 30 days back to US , you show the same I-94 and probably get a new one with new I-797 if any by the US border officer.
Rule is you have to return within 30 days to use AVR. Good luck.

Hi qriousjunta,

Thanks for your response, I have been to CANADA before and used AVR, My only concern was since i am getting current on November 1 and my application will most probably be submitted sometime during first week of Nov then does it really matters if i go to CANADA in the following week

Since the things are so close so I thought getting tips from you all. I guess it should not matter but not sure if people who have submitted 485 in 2007 or recently had a similar situation and might have traveled out of USA, They might be able to provide some insight on this.

[qesehmk]

Spec

While I checked out that song of yours, I found this one. You may like it. http://www.youtube.com/watch?v=V1bFr2SWP1I&feature=fvwrel



I agree it has been a very bitter-sweet day.

Something that always cheers me up and quite poignant I think.

http://www.youtube.com/watch?v=-ECUtkv2qV8

Don't forget to whistle!

A sing-a-long version with better video quality (if you don't know the words).

http://www.youtube.com/watch?v=JrdEMERq8MA&feature=related

Dedicated to Steve Jobs and those others who died too young today (as well as to cheer up those that missed out on being Current).

[Monica12]

Hi qriousjunta,

Thanks for your response, I have been to CANADA before and used AVR, My only concern was since i am getting current on November 1 and my application will most probably be submitted sometime during first week of Nov then does it really matters if i go to CANADA in the following week

Since the things are so close so I thought getting tips from you all. I guess it should not matter but not sure if people who have submitted 485 in 2007 or recently had a similar situation and might have traveled out of USA, They might be able to provide some insight on this.

You have to be in US when you submit your I-485. After that you can travel...this is my understanding. Some people recommend waiting for the receipt of I-485, just in case they ask at POE. In my many travels outside US so far , no one has ever asked for it, so I don't think it matters. Again please confirm this before you travel.... but this is my understanding.

[RRRRRR]

You have to be in US when you submit your I-485. After that you can travel...this is my understanding. Some people recommend waiting for the receipt of I-485, just in case they ask at POE. In my many travels outside US so far , no one has ever asked for it, so I don't think it matters. Again please confirm this before you travel.... but this is my understanding.

Thanks Monica for the details and it makes sense to me, appreciate it.

[Monica12]

Thanks Monica for the details and it makes sense to me, appreciate it.
Actually, I remember now why they say it's safer to wait for the receipt.... because just in case USCIS claims not to have received the I-485 for whatever reasons...one can get into trouble. That's all ! If you have it in your hand,it's proof that you were in US when you filed the I-485.
So, I think it's going to be your call and decide accordingly.

[FNAANURAG]

Hi,

Thanks to everyone for this valuable discussions, and congrats to everyone who are going to be current in Nov. My PD is 30-Jul-2007, so I will be current in Nov. I have already filed my I-485 in July 2007. So my question is , does anyone has any idea how much time it takes to get the GC once the PD is current, as I am planning to go to india in end of Nov, and will have to get the visa stamped(no AP)

[Spectator]

Spec

While I checked out that song of yours, I found this one. You may like it. http://www.youtube.com/watch?v=V1bFr2SWP1I&feature=fvwrelQ,

I did enjoy it. Interesting video.

Some songs are - well just cheery.

[veni001]

Hi qriousjunta,

Thanks for your response, I have been to CANADA before and used AVR, My only concern was since i am getting current on November 1 and my application will most probably be submitted sometime during first week of Nov then does it really matters if i go to CANADA in the following week

Since the things are so close so I thought getting tips from you all. I guess it should not matter but not sure if people who have submitted 485 in 2007 or recently had a similar situation and might have traveled out of USA, They might be able to provide some insight on this.


You have to be in US when you submit your I-485. After that you can travel...this is my understanding. Some people recommend waiting for the receipt of I-485, just in case they ask at POE. In my many travels outside US so far , no one has ever asked for it, so I don't think it matters. Again please confirm this before you travel.... but this is my understanding.


Actually, I remember now why they say it's safer to wait for the receipt.... because just in case USCIS claims not to have received the I-485 for whatever reasons...one can get into trouble. That's all ! If you have it in your hand,it's proof that you were in US when you filed the I-485. So, I think it's going to be your call and decide accordingly.

You must physically be present in US when your AOS application reaches USCIS, you can travel on valid H/L status after that. The requirement for receipt at POE for those travelling on valid H/L status was removed in 2007.
Please check Federal Register Volume 72 Number 211 (http://edocket.access.gpo.gov/2007/pdf/E7-21506.pdf) for additional information.

[TheTexan]

Q and other gurus,

I know you've been asked this question a number of times. But my pd is July 2008 and although I know there is slim chance of it becoming current until next year, I wanted to know your thoughts. It is getting difficult with each passing day at work and I have another offer in hand. I am not sure whether to take the risk or hang on a bit longer.

Thnx

[RRRRRR]

You must physically be present in US when your AOS application reaches USCIS, you can travel on valid H/L status after that. The requirement for receipt at POE for those travelling on valid H/L status was removed in 2007.
Please check Federal Register Volume 72 Number 211 (http://edocket.access.gpo.gov/2007/pdf/E7-21506.pdf) for additional information.

Hi Veni,

Thank you, great stuff, this is an excellent supporting Document but i guess it is still better to make sure applications reaches while i am in US or i submit it once i come back. Just out of Curiosity in which scenario they could have asked for receipt at the POE since I have a valid visa and a valid I94 and will be using AVR to re-enter.

Thanks once again

[qesehmk]

Tex

Your is even longer shot for approval in 2012. But filing 485 may happen this year.

Just my personal opinion - I will take the other offer in your case if my current job may be at risk sometime in near future.


Q and other gurus,

I know you've been asked this question a number of times. But my pd is July 2008 and although I know there is slim chance of it becoming current until next year, I wanted to know your thoughts. It is getting difficult with each passing day at work and I have another offer in hand. I am not sure whether to take the risk or hang on a bit longer.

Thnx

[TheTexan]

It is not at risk but I want a change. I am not expecting to be greened by next year but want to be able to file 485 (for EAD) My dilemma is should I move before 485 or should I wait?


Thnx again

[qesehmk]

6 months after 485 filing you can switch andretain the same application.

Anytime before that means you have to restart GC process. That's your decision factor.


It is not at risk but I want a change. I am not expecting to be greened by next year but want to be able to file 485 (for EAD) My dilemma is should I move before 485 or should I wait?


Thnx again

[Monica12]

Hi Veni,

Thank you, great stuff, this is an excellent supporting Document but i guess it is still better to make sure applications reaches while i am in US or i submit it once i come back. Just out of Curiosity in which scenario they could have asked for receipt at the POE since I have a valid visa and a valid I94 and will be using AVR to re-enter.

Thanks once again
According to the document Veni posted, if one has a valid visa (H1,H4,L1,L2), then the receipt is not needed and just the visa is enough to enter POE. If one had an AP, then a receipt might be asked for.... but I have always travelled on AP and have never been asked for the I-485 receipt.

But like I said, just in case USCIS claims that they didn't receive your 1-485 for whatever reasons...and you dont have the receipt as proof, one is in serious trouble as that would mean that one was not physically present in US when they filed the I-485 . The receipt basically covers all bases. It's proof that you did file i-485 while being physically present in US

[RRRRRR]

According to the document Veni posted, if one has a valid visa (H1,H4,L1,L2), then the receipt is not needed and just the visa is enough to enter POE. If one had an AP, then a receipt might be asked for.... but I have always travelled on AP and have never been asked for the I-485 receipt.

But like I said, just in case USCIS claims that they didn't receive your 1-485 for whatever reasons...and you dont have the receipt as proof, one is in serious trouble as that would mean that one was not physically present in US when they filed the I-485 . The receipt basically covers all bases. It's proof that you did file i-485 while being physically present in US

Hi Monica,

Makes sense, thanks for the detailed insight and for your time.

[UkayDkay]

As long as you have EAD or H1 you can join anytime. Or you can join after obtaining GC.

Thanks Q. I am on another company's H1 at present, not on/with GC sponsoring company's. Given that I should wait for EAD at minimum. Am I correct in my understanding?

[qesehmk]

U can always transfer H1 to a new company. Or even have hiring company sponsor a new H1. In this economy there probably is some H1 quota left. (oh wait the quota just started so there must be plenty left!)
Thanks Q. I am on another company's H1 at present, not on/with GC sponsoring company's. Given that I should wait for EAD at minimum. Am I correct in my understanding?

[Spectator]

The original NFAP document upon which the 70 year wait time news articles were based, can be found here (http://www.nfap.com/pdf/WAITING_NFAP_Policy_Brief_October_2011.pdf)

N F A P P O L I C Y B R I E F » O C T O B E R 2 0 1 1

WA I T I N G A N D M O R E WA I T I N G : AM E R I C A ’ S F AM I L Y A N D E M P L O Y M E N T - B A S E D I M M I G R A T I O N S Y S T E M

B Y S T U A R T A N D E R S O N

[xeroxem]

Can you tell me if you renew your AP through efile or by mail? Did USCIS charge your AP renewal fees?

Thanks!!!


wow i cant believe myself.. MY pd is July 11th 2007. I think i found a logic behind this.. hopefully cuz recently i applied for AP renewal and also applied for my wife on oct1st one of these two triggered them to open my application and being current just approved my 485.

[UkayDkay]

U can always transfer H1 to a new company. Or even have hiring company sponsor a new H1. In this economy there probably is some H1 quota left. (oh wait the quota just started so there must be plenty left!)

Got it. Thank you very much Q.

[imdeng]

Just wanted to mention that after I sent the printed petition letters to Congress/Senate/POTUS, I received a reply from my local congressman. The reply of course was all about illegal immigration and completely boilerplate. So I just sent a hand written reply focusing on a single issue - the 7% per country limit.

I would urge you all to send a hand-written letter to your local congressman and senator (their office addresses can be easily googled) and ask them to give serious consideration to the following issues of importance to the legal immigration community:

1. Remove 7% Per Country Limit. The country needs the best and the brightest talent from all around the world - the limit only hurts USA's ability to get the best people from large countries like India and China.
2. Stop Counting Dependents in Annual Limits. USA allows 140K employment based green cards every year. However, since dependents are also counted in the limit, we end up with only about 40K productive workers getting Green Card every year, assuming 1-2 dependents for every primary applicant.
3. Allow Applicants to File I-485 Concurrently with I-140. Considering the long delays in getting an employment based green card, if the USCIS allows applicants from retrogressed countries to file I-485 concurrently with I-140, then the applicants will have the ability to change jobs and travel internationally with greater ease and certainty.

Folks - consider how much time you spend here and on IV. Please take 15 mins of this time and write an actual letter. It might fall on deaf years and have no impact whatsoever - but we should at least try to have our voice heard.

[mygctracker]

I have the same request. Please provide pointer...


Nishant, i am really feeling bad for you, you just missed it by a whisker. I hope you become current in the next VB.

I have a request for Q and other friends who recently went through filing 485 - can you please post the procedure for filing 485? I apologize if it has been been discussed already. In that case, may i request to point me to the relevant thread.
My lawyer is on vacation till 20th October and i don't want to wait till he comes back. Congratulations again to everyone who have become current during this VB.

[Nishant_imt]

Gurus,

I have a very redundant question - you can consider it stupid, but please help. I have a I-140 cleared through an american consulting company. But right now, i will soon go out of contract and if i don't find another job through them, I can request them to continue my greencard. But the question is,
1. can i transfer my H1B to another company who is ready to hire me but not ready to process greencard?
2. My H1 expires in May 2012 and i have completed 7 years in US. This time any H1B extension will depend on I-140 approval. Is it even possible for company B to file for transfer (for validity of 3 years) based on I-140 through company A?
3. Would i need the original I-140 from company A for transfer of visa, i currently have a pdf version with me?

[Pedro Gonzales]

It is not at risk but I want a change. I am not expecting to be greened by next year but want to be able to file 485 (for EAD) My dilemma is should I move before 485 or should I wait?
Thnx again

Texan,
I was in a similar boat, so maybe my decision process may help you. I had interest from a prospective employer offering me my 'dream job' 3 months ago (July/August) and with a PD of April 25 2008, I was uncertain as to whether to take the plunge now or wait it out. I decided to accept the offer contingent on their applying for my GC immediately. My rationale was as follows:
a) No one knows how long it will really take to get the GC/EAD. At the earliest, I was looking at being able to apply for my I485 in late 2011 which would mean i could make a move in summer of 2012. While there aren't many people around with my exact skillset, I couldn't be sure that the offer would remain until next summer.
b) With a move, if the new employer starts the GC process right away, I could port my PD and April 2008 would likely be current by the time my Labor clearance is received (~8 months from August = April 2012), so i would be able to concurrently file for my I140/I485 so in reality, i wouldn't be more than 4 or 5 months later than my best case scenario if i'd stayed on with my current employer.
c) the only risk with a move would be if the dates were to move forward and then retrogress (like in July 2007) while I was still in the labor process, i would have missed a window to get my EAD. General consensus is that that is highly unlikely to happen. We are more likely to see small sustainable moves forward with smaller term retrogression.

Ultimately your call. I am in general, more risk tolerant and less likely to pass up an opportunity to better my position than most. You need to introspect and figure out where you are on the risk spectrum. As it turned out, I ended up not getting/taking the job because the company wouldn't be able to apply for my GC right away, and there was no way to be certain of when they could. We've agreed to get back in touch next summer and see where things stand.

[Reader]

My priority date is 12th Dec 2007. I am thinking of going for medicals and get the vaccinations completed now with the hope that my date will become current in the next month or at least in the next 3 months. Do you guys think it is good idea or should I just stay put until I see my dates being current? Any thoughts please?

[cbpds1]

I like ur positive approach and perspective !!


Texan,
I was in a similar boat, so maybe my decision process may help you. I had interest from a prospective employer offering me my 'dream job' 3 months ago (July/August) and with a PD of April 25 2008, I was uncertain as to whether to take the plunge now or wait it out. I decided to accept the offer contingent on their applying for my GC immediately. My rationale was as follows:
a) No one knows how long it will really take to get the GC/EAD. At the earliest, I was looking at being able to apply for my I485 in late 2011 which would mean i could make a move in summer of 2012. While there aren't many people around with my exact skillset, I couldn't be sure that the offer would remain until next summer.
b) With a move, if the new employer starts the GC process right away, I could port my PD and April 2008 would likely be current by the time my Labor clearance is received (~8 months from August = April 2012), so i would be able to concurrently file for my I140/I485 so in reality, i wouldn't be more than 4 or 5 months later than my best case scenario if i'd stayed on with my current employer.
c) the only risk with a move would be if the dates were to move forward and then retrogress (like in July 2007) while I was still in the labor process, i would have missed a window to get my EAD. General consensus is that that is highly unlikely to happen. We are more likely to see small sustainable moves forward with smaller term retrogression.

Ultimately your call. I am in general, more risk tolerant and less likely to pass up an opportunity to better my position than most. You need to introspect and figure out where you are on the risk spectrum. As it turned out, I ended up not getting/taking the job because the company wouldn't be able to apply for my GC right away, and there was no way to be certain of when they could. We've agreed to get back in touch next summer and see where things stand.

[superdesi2100]

My priority date is 12th Dec 2007. I am thinking of going for medicals and get the vaccinations completed now with the hope that my date will become current in the next month or at least in the next 3 months. Do you guys think it is good idea or should I just stay put until I see my dates being current? Any thoughts please?

When I filed my I-485 in August 2007, I did not have time to get medicals done. I filed it without medicals. I got an RFE in May 2009 for medicals, 3 days before I was scheduled to leave for India on a 5 week vacation. RFE has a deadline of 30 days to reply. I had to run around and find a civil surgeon who did this for me and my wife in 2 days. I would recommend not to jump the gun and wait for your date to become current. Once you become current, you will have minimum of 3 weeks to get the medicals done. That should be sufficient time.

[vizcard]

6 months after 485 filing you can switch andretain the same application.

Anytime before that means you have to restart GC process. That's your decision factor.

Q - Is it 6 months after filing 485 or after an approved EAD ? I thought it was after an approved EAD

[imdeng]

I wouldn't count on immigration reform. What might help is the low demand from EB2C and perhaps EB2-SouthKorea getting retrogressed.


My friend, I am in the same boat as you. My PD is 05/20/2011 (EB2I) and have an approved LC and I-140. Your estimate seems to be correct in my opinion. We probably need to wait till 2016 if nothing happens. But if any immigration reform happens before that (which is possible), all our woes will end and we will get greened before 2016. On the other side, if the economy improves and EB2I and EB2C gets less SOFAD, we will be greened even later than 2016. I am not an expert obviously and perhaps Q, Teddy, Spec or Nishant can throw more light on this.

[immitime]

Interesting speculation about a 70 Year! wait for Employment Based immigrants if things goes as of now.


http://www.nfap.com/pdf/WAITING_NFAP_Policy_Brief_October_2011.pdf

[immi2910]

My friend, I am in the same boat as you. My PD is 05/20/2011 (EB2I) and have an approved LC and I-140. Your estimate seems to be correct in my opinion. We probably need to wait till 2016 if nothing happens. But if any immigration reform happens before that (which is possible), all our woes will end and we will get greened before 2016. On the other side, if the economy improves and EB2I and EB2C gets less SOFAD, we will be greened even later than 2016. I am not an expert obviously and perhaps Q, Teddy, Spec or Nishant can throw more light on this.

I doubt there will be any immigration reform until the economy improves. And if the economy improves without any reform then that would decrease SOFAD. So I am not sure whether to cheer for improvement in economy or not :)

The number of applications (at least based on PERM) for EB2IC were still greater than the quota in 2008 & 2009, therefore, instead of people waiting 4 to 5 years (as anyone who filed in late 2007, early 2008) we have to wait at least 5 to 6 years (as anyone who filed in 2011)

Is there a source for I-140 approvals? I know there are statistics in http://www.immigrationwatch.com/uscis-processing-statistics.html but am not sure of the source.

I have also seen this (http://www.uscis.gov/USCIS/Resources/Reports%20and%20Studies/Immigration%20Forms%20Data/Static_files/I-140-data-2011-june.pdf) report from USCIS on I-140 approvals between Jan 2008 and Jun 2011 but I do not believe it is correct.

[immi2910]

I wouldn't count on immigration reform. What might help is the low demand from EB2C and perhaps EB2-SouthKorea getting retrogressed.
How would EB2 - South Korea retrogression help?

[srimurthy]

My take is your MD would qualify under STEM as its science -> health science.
And in my opinion you are more in line than a person who has a masters and is working as computer programmer.


Just out of curiosity, this question came to my mind today and this is not related to immigration itself.

I came here on F1 and did my Masters in Public Health (MPH) from a US University. Meanwhile, while doing masters, I gave my US Medical Licensing Exams, obtained a residency in Internal Medicine and converted my visa in to H1B. I finished my MD in Internal Medicine from a US Hospital.

My question is if in case, the Congress passes a legislation to give green cards to international students with STEM (Science, Technology, Engineering, Math) degree, would my MPH or MD qualify under any of the four categories?

Any input would be appreciated.

[Jonty Rhodes]

My take is your MD would qualify under STEM as its science -> health science.
And in my opinion you are more in line than a person who has a masters and is working as computer programmer.


There is only one way to be sure. See if the CIP code on your I-20 is listed in the STEM list on the ICE.gov website.

Thanks a lot for the input. This information is definitely helpful.

[Monica12]

I agree it has been a very bitter-sweet day.

Something that always cheers me up and quite poignant I think.

http://www.youtube.com/watch?v=-ECUtkv2qV8

Don't forget to whistle!

A sing-a-long version with better video quality (if you don't know the words).

http://www.youtube.com/watch?v=JrdEMERq8MA&feature=related

Dedicated to Steve Jobs and those others who died too young today (as well as to cheer up those that missed out on being Current).
Spec, you are a Monty Python fan ? Me too ! Did you ever get the chance to see " Spamalot". It was hilarious :D
Thanks for the link, it brought back some great memories.

[TheTexan]

Pedro,

Thanks for sharing your story. It does offer a perspective. I was thinking along the same terms - to take up the offer assuming and making sure that porting is possible. I was late in negotiating with my co to start gc process and missed the 2007 window (I did not know the significance then) hence the dilemma.

-

[soggadu]

Here is how i am going about it
10/5/2011
--- Immediately after reaching home, called attorney, they sent a word doc to fill in with details of me and my family
--- Called Clinic for medical test, set up reminder to call next monday morning
--- Started collecting scanned copies of Passports, I-94s,BirthCertificates( Need to arrange for Affidavits)
10/6/2011
-- called clinic for immigration medical test, the nurse talked about the list of vaccines they would look for, I asked her if you do any test if i don't have any records of my previous vaccines, She suggested to get it done with family physician as it would be cheaper.She gave list of what vaccines we need to look if they are already present(Rubella,Tetanus,RPR,PPD) in our blood. Since my daughter started school this year she does not need any except TB test.
--Called family physician, luckily found a morning appointment, they took boold sample to check for Rubella and RPR, but said TB skin test and tetanus shot would be on monday, she said 48Hrs theory i did not get it.
-- They did not accept my wife for test, as she never been there, my wife also found appointment today afternoon for vaccines test
-- After we get the results of the above tests, we'll go to USCIS Doc to get the medical reports in sealed cover. They said it would cost $500 per head and doc would charge $200 for preparation of report. No choice! got to do it.But we have already some vaccines the $500 would go less.
-- more scanned docs

Will update progress.

needid, i understand your enthu...but understand there are lot of our brethren who would get irritated by this as many are waiting from long time... post here if you have a question or a joke not your daily dairy... just my 2 cents... rest is for you to understand/upperstand...

[gcseeker]

Vizcard

AC-21 kicks in after I-485 has been pending for 180 days. (Calendar days not business days which is even more good news

Not 180 days after receiving the EAD. So one can technically move after 180 days to different employer.

However in the past one and half years USCIS has given a lot of trouble to applicants by asking them to prove the equivalence of occupation codes when the AC-21 is invoked and there are multiple blog posts and forum posts on other places like Murthy.com that it might not be advisable.Also you would need to have the same job title and similar responsibilites ( responsibilites will be different for different jobs but similar is the key word ...guess they are more particular on the job title and occupancy code ) .

Also people are being asked to stay 6 months with the employer who sponsored the green card to avoid problems at naturalization.




Q - Is it 6 months after filing 485 or after an approved EAD ? I thought it was after an approved EAD

[Spectator]

Spec, you are a Monty Python fan ? Me too ! Did you ever get the chance to see " Spamalot". It was hilarious :D
Thanks for the link, it brought back some great memories.You could say that, although I never got a chance to see Spamalot.

Earlier, I was enjoying a Gannet On A Stick! in the sunshine whilst Pining for the Fjords.

Now I will need a good kip after this prolonged squawk, before returning to my job at the Ministry Of Funny Walks. I need to make sure I avoid Doug & Dinsdale Piranha's sharp tongues on the way there. Their Irony, Hyperbole and Pathos are legendary.

Two points, ah, two flats, and a packet of gravel please.

I'd had a lovely supper, and all I said to my wife was 'That piece of halibut was good enough for Jehovah.'

Such blasphemy!

Well that's quite enough of that.

[veni001]

Hi Veni,

Thank you, great stuff, this is an excellent supporting Document but i guess it is still better to make sure applications reaches while i am in US or i submit it once i come back. Just out of Curiosity in which scenario they could have asked for receipt at the POE since I have a valid visa and a valid I94 and will be using AVR to re-enter.

Thanks once again

To be on the safe side, you need to be physically present in the US on the date of receipt of your application at USCIS. It trip is only for few days, i would get all documents ready and mail them out upon return.

[kingcaeser]

this is only for applying under family quota...we are doing it in employment quota which doesnt need this... no affadivit of support needed...it is a generalised checklist which has this...my checklist has it too...
Thanks for the clarification Soggadu! Good luck with your application too. I am sure very soon we will look like hulk (green).

[soggadu]

Buddy, It is not to irritate somebody. I never saw a single post capturing all that we do to file I-485. I thought it would help somebody in future. I am sure it is better than some of the jokes that people wouldn't care. But I leave it to big boss Q to kick it out.

sure...provide a checklist...we already have this in other section...magar, but, paranthu... you are giving the whole log and information including your wife, kid and etc etc...so anyway...i will leave it here...nobody will force you to do anything in this forum...its up to you to decide...have fun...

P.S. As reader bhai said, it might be useful to him...please keep posting :-)...

[Reader]

Buddy, It is not to irritate somebody. I never saw a single post capturing all that we do to file I-485. I thought it would help somebody in future. I am sure it is better than some of the jokes that people wouldn't care. But I leave it to big boss Q to kick it out.

Yes. I thought the details you have provided are going to be very useful to me and many others. I request you to keep going and it is certainly better than some of the time-pass stuff.

[soggadu]

I hope you know the difference between plan and execution. Checklist is just plan. How one executed helps somebody to avoid some hiccups. I am nervous too. If i put it here experienced guys can point me if i am doing something wrong/or there is better way of doing it or prioritizing some of the items. Q has every right to kick this out if it he feels it is right.

arre bhaiya ji ... nobody is going to throw anything out... my main concern was for people who were waiting with frustration and see this log of things and feel bad... everybody is human at the end of the day... so my suggestion was to get into a new thread for this... if you are sure this is it...then go ahead until someone...you know...ding dong...sing a song...

Mods...please delete/move my postings on this issue to make way....

[qesehmk]

guys take it easy. If you don't like - don't read - dont respond. Usually the only time we will remove posts is when people engage in personal attacks. So please take care. Also please use your own judgement while posting. We don't want to police you on whats right vs wrong (again unless its really offensive).

p.s. - Not to take sides with soggadu .... but he generally means well. So just take what's useful in what he is saying and leave the rest.

I hope you know the difference between plan and execution. Checklist is just plan. How one executed helps somebody to avoid some hiccups. I am nervous too. If i put it here experienced guys can point me if i am doing something wrong/or there is better way of doing it or prioritizing some of the items. Q has every right to kick this out if it he feels it is right.

[needid]

Thanks for the info. Will update you final number.

[pch053]

Vizcard

However in the past one and half years USCIS has given a lot of trouble to applicants by asking them to prove the equivalence of occupation codes when the AC-21 is invoked and there are multiple blog posts and forum posts on other places like Murthy.com that it might not be advisable.Also you would need to have the same job title and similar responsibilites ( responsibilites will be different for different jobs but similar is the key word ...guess they are more particular on the job title and occupancy code ) .



It is not necessary to have same job title when you invoke AC21, however you need to have similar job responsibilities. I know multiple people who have got their GC approval using AC21 without issues (as long as they satisfied the requirements of having a similar job as describe in their Labor & I140). The following FAQ pages (which albeit a bit dated but still holds true) might help in getting more info about AC21:
http://www.murthy.com/news/UDac21qa.html
http://www.murthy.com/news/n_nuacp1.html
http://www.murthy.com/news/n_nuacp2.html

[nishant2200]

a. if you have H1, you can transfer to them anytime right now and work with them.
b. if you have EAD, and it's been 180 days since you applied for 485 alongwith EAD request, or it's already a renewed EAD meaning you are well past that 180 days anyways, you can join them on a same or similar occupation.
c. You can join them the day you get physical GC in hand, for the GC position and the salary (same or higher) as promised in PERM.

I still can't believe it, Congratulations to everyone who got current. Thank you all for the great work with the numbers and providing invaluable insight into this complex subject.

Couple of questions going on in my mind and requesting Guru's thoughts on it. I am not with the company thats sponsoring my GC & Nov. bulletin gave an opportunity to file I-485 with them. I understand its for future job, but at what point I am elegible to join them? Is it after filing I-485, or after receiving the EAD or after receiving the GC?

Thnx

[SmileBaba]

6 months after 485 filing you can switch andretain the same application.

Anytime before that means you have to restart GC process. That's your decision factor.

Q,
When you say that, it gives an impression that you can't file 485 with the same company once you leave them before filing 485, or before 6 months of completion of filing 485. I am sure that's not the case.
It gives me lots of scary thoughts man..:eek:

[nishant2200]

there is no STEM list for GC as of yet, since there is no such requirement. There is STEM list for the enhanced OPT etc.

http://www.ice.gov/sevis/stemlist.htm




Just out of curiosity, this question came to my mind today and this is not related to immigration itself.

I came here on F1 and did my Masters in Public Health (MPH) from a US University. Meanwhile, while doing masters, I gave my US Medical Licensing Exams, obtained a residency in Internal Medicine and converted my visa in to H1B. I finished my MD in Internal Medicine from a US Hospital.

My question is if in case, the Congress passes a legislation to give green cards to international students with STEM (Science, Technology, Engineering, Math) degree, would my MPH or MD qualify under any of the four categories?

Any input would be appreciated.

[qesehmk]

In a rare case the old employer can continue processing your GC since GC is meant for future employment. However if the old employer choooses to not pursue GC anymore for you; then you can no longer use the same GC application anymore. So the new employer has to restart GC process.

That is the whole reason why AC21 is so useful. 6 months after your 485 is filed, you can change employers/jobs. As long as the new job is same or similar, you can use the old GC application with new employer.


Q,
When you say that, it gives an impression that you can't file 485 with the same company once you leave them before filing 485, or before 6 months of completion of filing 485. I am sure that's not the case.
It gives me lots of scary thoughts man..:eek:

[nishant2200]

I actually liked the information put by needid about how he/she went about once got current. I found it useful to know for me. Just my personal thought on it.


guys take it easy. If you don't like - don't read - dont respond. Usually the only time we will remove posts is when people engage in personal attacks. So please take care. Also please use your own judgement while posting. We don't want to police you on whats right vs wrong (again unless its really offensive).

p.s. - Not to take sides with soggadu .... but he generally means well. So just take what's useful in what he is saying and leave the rest.

[SmileBaba]

Texan,
I was in a similar boat, so maybe my decision process may help you. I had interest from a prospective employer offering me my 'dream job' 3 months ago (July/August) and with a PD of April 25 2008, I was uncertain as to whether to take the plunge now or wait it out. I decided to accept the offer contingent on their applying for my GC immediately. My rationale was as follows:
a) No one knows how long it will really take to get the GC/EAD. At the earliest, I was looking at being able to apply for my I485 in late 2011 which would mean i could make a move in summer of 2012. While there aren't many people around with my exact skillset, I couldn't be sure that the offer would remain until next summer.
b) With a move, if the new employer starts the GC process right away, I could port my PD and April 2008 would likely be current by the time my Labor clearance is received (~8 months from August = April 2012), so i would be able to concurrently file for my I140/I485 so in reality, i wouldn't be more than 4 or 5 months later than my best case scenario if i'd stayed on with my current employer.
c) the only risk with a move would be if the dates were to move forward and then retrogress (like in July 2007) while I was still in the labor process, i would have missed a window to get my EAD. General consensus is that that is highly unlikely to happen. We are more likely to see small sustainable moves forward with smaller term retrogression.

Ultimately your call. I am in general, more risk tolerant and less likely to pass up an opportunity to better my position than most. You need to introspect and figure out where you are on the risk spectrum. As it turned out, I ended up not getting/taking the job because the company wouldn't be able to apply for my GC right away, and there was no way to be certain of when they could. We've agreed to get back in touch next summer and see where things stand.

Hi Friend! You can also think of leaving the current employer on good terms, and with the intent of joining them back on your 485 approval. That way you will not miss lucrative job offer. I know that your current employer should agree on that.
I was reading somewhere that in order to withdraw an approved 140, employers have to spent s'where around $3k. I am sure lot of desi employer wouldn't do that..:p

[SmileBaba]

In a rare case the old employer can continue processing your GC since GC is meant for future employment. However if the old employer choooses to not pursue GC anymore for you; then you can no longer use the same GC application anymore. So the new employer has to restart GC process.

That is the whole reason why AC21 is so useful. 6 months after your 485 is filed, you can change employers/jobs. As long as the new job is same or similar, you can use the old GC application with new employer.
Makes perfect sense. Thanks Q!

[Kanmani]

Stapling GCs to STEM graduates is still going as a controversial discussion in the Senate as well as in the House.

Statement of Judiciary Committee Chairman Member Lamar Smith on Stem discussion held yesterday http://judiciary.house.gov/news/Statement%20STEM.html

[Jitesh]

Vizcard

AC-21 kicks in after I-485 has been pending for 180 days. (Calendar days not business days which is even more good news

Not 180 days after receiving the EAD. So one can technically move after 180 days to different employer.

However in the past one and half years USCIS has given a lot of trouble to applicants by asking them to prove the equivalence of occupation codes when the AC-21 is invoked and there are multiple blog posts and forum posts on other places like Murthy.com that it might not be advisable.Also you would need to have the same job title and similar responsibilites ( responsibilites will be different for different jobs but similar is the key word ...guess they are more particular on the job title and occupancy code ) .

Also people are being asked to stay 6 months with the employer who sponsored the green card to avoid problems at naturalization.

So that means we should not change employers even after 180 days of applying I-485?How about after getting EAD?

[nishant2200]

So that means we should not change employers even after 180 days of applying I-485?How about after getting EAD?

You can change 180 days after applying (I would start counting from receipted date), and your I-485 is pending, provided you have also applied for EAD when you applied for 485 and you have the EAD with you.

[pch053]

So that means we should not change employers even after 180 days of applying I-485?How about after getting EAD?
Also, another thing based on past experience on using AC21: during mid/late 2008 to early 2009, USCIS issued many NOIDS and even denials when an employer revoked I140 or USCIS became aware that the job offer doesn't exist anymore (search old trackitt threads from that time). This was mainly due to the fact that many of USCIS employees didn't even knew about the AC21 provision. From 2009 onwards, there has been a cohesive effort from USCIS so that their employees are aware of the AC21 rule. In the last couple of years, USCIS might have issued RFEs on employment verification, especially on AC21 cases but not straight denials. As long as the documents addressed the RFE questions/concerns, people had their cases either approved or probably pre-adjudicated (if the PD was not current).

I myself have used AC21 to switch employers. I haven't got my I485 approval yet, though I got a confirmation from USCIS saying that they have received all the AC21 documents that I forwarded them back in 2009. However, note that there is no guarantee that one will receive such a confirmation from USCIS and one can still receive RFE in relation to EVL, paystubs, etc.

Finally, it is your call on whether you will switch employers but I feel that as long as you have a valid job with similar job duties as listed in your Labor/I140 application, you shouldn't have any problems. As others noted, you are free to move 180 days after the receipt date of I485. You will be almost definitely have your EAD by then (on an average it takes ~3 months).

[cantwaitlonger]

Congratulations to all whose PDs are current. My prayers for the dates to move forward at lightning pace in the months to come.
My PD is Aug 30, 2007. The day the bulletin came out, I also got my dream job offer - great title, growing market (Smartphones, which other market is growing:-) company doing H1 premium and EB2. Pay is ok but a great strategic move. Wife has her own visa.
Dilemma: Stay in super lousy current job or jump ship? Chances of retrogression past 8/30/07 ?
Appreciate any points to ponder.
Thanks. Good luck. GodSPEED

[qesehmk]

Its funny how many of you ask the questions in the situations i have already been.

I received a pretty good offer and i became current. I declined the offer not knowing how many days it would take to get GC. There was absolutely no risk even if i had jumped the ship. But I just declined. I don't know if it helps at all. But thought wouldn't hurt to share.

p.s. - AC21 would've applied to me. 485 was preadj. So GC was close. In your case if 485 is to be filed anew then you have less incentive to continue with old GC.



Congratulations to all whose PDs are current. My prayers for the dates to move forward at lightning pace in the months to come.
My PD is Aug 30, 2007. The day the bulletin came out, I also got my dream job offer - great title, growing market (Smartphones, which other market is growing:-) company doing H1 premium and EB2. Pay is ok but a great strategic move. Wife has her own visa.
Dilemma: Stay in super lousy current job or jump ship? Chances of retrogression past 8/30/07 ?
Appreciate any points to ponder.
Thanks. Good luck. GodSPEED

[nishant2200]

Continue in lousy job for one more year. Just get it over with. IMHO.


Congratulations to all whose PDs are current. My prayers for the dates to move forward at lightning pace in the months to come.
My PD is Aug 30, 2007. The day the bulletin came out, I also got my dream job offer - great title, growing market (Smartphones, which other market is growing:-) company doing H1 premium and EB2. Pay is ok but a great strategic move. Wife has her own visa.
Dilemma: Stay in super lousy current job or jump ship? Chances of retrogression past 8/30/07 ?
Appreciate any points to ponder.
Thanks. Good luck. GodSPEED

[pch053]

Congratulations to all whose PDs are current. My prayers for the dates to move forward at lightning pace in the months to come.
My PD is Aug 30, 2007. The day the bulletin came out, I also got my dream job offer - great title, growing market (Smartphones, which other market is growing:-) company doing H1 premium and EB2. Pay is ok but a great strategic move. Wife has her own visa.
Dilemma: Stay in super lousy current job or jump ship? Chances of retrogression past 8/30/07 ?
Appreciate any points to ponder.
Thanks. Good luck. GodSPEED

If I were you and be absolutely sure that I love the new job, then I would have moved with the new opportunity. This might delay your green card by at most 1 year; your new employer will do EB2 processing, you will get an approved I140 within a year. Since you are happy with the job offer and your spouse has her visa sponsorship, I don't see much problem with this delay. You can ask your new employer to start the green card processing as soon as you join and this will expedite things. One risk people mention is that it might be risky to go through the Labor/I140 process again but honestly, if the job meets EB2 criteria, I don't see any problems either.

At the end of the day, it is your call and different people react differently on various situations. Good luck with whatever decision you take!

[muntazir]

My EB2 PD is September 2006 from NSC and I finally got an I-485 RFE on Oct 4th which means the wheels are in motion, processing has restarted for EB2.

On a side note, I almost got into very serious trouble with my EAD. It was set to expire on Oct 1st and because of the "current on June 1st" euphoria and everybody and their naani getting their greencard (except me), plus a bit of stinginess trying to save $800 (2 EAD renewal costs), I kept delaying my EAD renewal till 50 days before expiration. Also in the past my company never asked for the EAD but this time just two weeks before expiration they started sending reminders categorically stating that my employment would end if I didn't produce the EAD by Oct 1st. From what I hear, many states are now strictly enforcing the EAD rules and companies are under pressure to comply. I contacted my local congressman's office and his staff member was super helpful, made many phone calls, forwarded my company's termination threat letter to USCIS, and I got my EAD approval notice just 3 days before Oct 1st. EAD arrived in mail on Oct 3rd. Lesson learned - if you are still waiting for your GC pls don't risk delaying the EAD renewal application. File as close to the 120 day mark as possible. Your local congress person can help in cases where your job is in jeopardy.

[Teja9999]

Folks,

I have a Question regarding 485 Filing, MY PD is 12/19/2007 hoping that i will be current in next bulletin, Currently my wife is in India and she wont be returning back until end of Jan and i am planning to fly in second week of December and comeback with them.

I hope i can file in first week of December if u can complete all my medicals in time, only problem is how should i handle my wife's 485 Filing if dates retrogress back?

will i be able to file at later time ( july/aug 2012 time frame)?, or is it painful process?

if i get a fingerprint notice can i postpone it? and do i need to update Dept with new I94 once i am back?

Appreciate any kind of response, and thanks to all who provide lot of info in this forum

[Monica12]

Folks,

I have a Question regarding 485 Filing, MY PD is 12/19/2007 hoping that i will be current in next bulletin, Currently my wife is in India and she wont be returning back until end of Jan and i am planning to fly in second week of December and comeback with them.

I hope i can file in first week of December if u can complete all my medicals in time, only problem is how should i handle my wife's 485 Filing if dates retrogress back?

will i be able to file at later time ( july/aug 2012 time frame)?, or is it painful process?

You can file for her later, if dates dont retrogress but why take the chance? Why don't you ask her to come back if your date gets current in next VB

if i get a fingerprint notice can i postpone it? and do i need to update Dept with new I94 once i am back?

You can postpone the FP notice but you might get it while in India. The actual FP date on the notice is usually 1-2 weeks later, so depending on your travel plans, if you get the notice while you are gone and don't appear for it or postpone it, you are at risk of abandonding your 1-485

Appreciate any kind of response, and thanks to all who provide lot of info in this forum

If you can it's advisable for you and wife to be both present in US and file together. It's also advisable to wait for I-485 receipts and FP notice before you travel ( Please see responses to username RRRRR questions before).

[soggadu]

everybody...one question...for my good friend....

He is working for a company in civil engg and is having PD of 2009 EB3 with 140 approved 1 year back... Now he want to shift to another company and file in EB2, during this process if his first employer cancels the 140... can he still avail the 2009 priority date for EB2?

[qesehmk]

I think he can.

everybody...one question...for my good friend....

He is working for a company in civil engg and is having PD of 2009 EB3 with 140 approved 1 year back... Now he want to shift to another company and file in EB2, during this process if his first employer cancels the 140... can he still avail the 2009 priority date for EB2?

[soggadu]

I think he can.

Q, can you please confirm..."THINK" is a such an ambiguous word...Does AC21 apply to his case with just 140 approved?

[nishant2200]

everybody...one question...for my good friend....

He is working for a company in civil engg and is having PD of 2009 EB3 with 140 approved 1 year back... Now he want to shift to another company and file in EB2, during this process if his first employer cancels the 140... can he still avail the 2009 priority date for EB2?

Yes he is fine unless cancel is due to fraud. Sometimes nevertheless USCIS doesnt see that, doesnt port the PD, other problems, etc, and always the applicant jumps through hoops with lawyers, and finally USCIS agrees. So there is chance of heartache, but the truth shall prevail. satyameva jayate.

http://www.uscis.gov/files/article/afm_ch22_091206R.pdf

page 27
read the determining pd
section

[10102007]

everybody...one question...for my good friend....

He is working for a company in civil engg and is having PD of 2009 EB3 with 140 approved 1 year back... Now he want to shift to another company and file in EB2, during this process if his first employer cancels the 140... can he still avail the 2009 priority date for EB2?
Message removed...

[nishant2200]

AFAIK, once the I-140 is approved, the employer cannot cancel/revoke it. Gurus, correct me if I'm wrong.


Employer can cancel an approved I-140.

[qesehmk]

AC21 and ability to retain PD are two different things. AC21 allowes you to not only retain PD but leverage the same labor and 140 to directly gain 485 with a new employer. This kicks in 6 months after 485 filing and receipt.

Retaining PD means, even if you start over GC with another employer, your place in Q is determined by your old PD. But in this case labor 140 and 485 everything is done fresh.

Q, can you please confirm..."THINK" is a such an ambiguous word...Does AC21 apply to his case with just 140 approved?


AFAIK, once the I-140 is approved, the employer cannot cancel/revoke it. Gurus, correct me if I'm wrong.
Employer can revoke it anytime. But the revokation 180 days after 485 filing & receipt doesn't have any bearing on your GC. Before that deadline your GC is at risk.

[nishant2200]

Wow Nishanth. You have to send that lady a big Panettone for Christmas. It is very nice of her to take this extra step to help you.

Yes, going the extra step. Really kind lady.

http://www.birdsnest.com/garcia.htm

[qesehmk]

Thank you.
On another note - its not a good idea to use LOGO from another company as your Avatar. Just sayin ...


Cool. I have the i797 which i never used. Ok then i will submit.

[romanitaly]

Hello Gurus,

My PD is nov 1 2007 (EB2). Do you guys think I will have a chance to file for EAD next month?

Thanks,

[Pedro Gonzales]

Hello Gurus,

My PD is nov 1 2007 (EB2). Do you guys think I will have a chance to file for EAD next month?

Thanks,

Gurus, I'll take this one.

Yes!

[nishant2200]

Sounds good. We should keep an eye out for any pleas to call , email, contact congressmen senators etc.

qblogfan, are the Chinese on to it too.


Hi All,

I hope you guys wont mind for posting this...please check this thread.

http://immigrationvoice.org/forum/forum16-iv-agenda-and-legislative-updates/2483369-after-6-years-of-hard-work-patience-and-persistence-we-are-at-the-doorstep-of-success.html