EB2 Predictions (Rather Calculations) - 2012

Printable View

Show 40 post(s) from this thread on one page

11-01-2011, 10:15 AM
leo07

Vaccines and tests are good for 12 months. So, it's totally up to you. If I were you, I'd wait because getting appointment is not a big deal and it only takes 3 days to get the I-693 form from a doctor.

Quote:

Originally Posted by venkimakthal

Good Idea, thank you my friend
11-01-2011, 10:18 AM
leo07

Nishant_imt, if your PD is any where close to being current or otherwise, rush to a good attorney. Answers in these forums are not tailor made so, may not fit your situation.

That said, my experience tells me that you will have to amend your I-140 at the least. Again, I have always worked corporations and full-time, every time there's a change, I had applied for I-140 amendment.I have never been a consultant, so, I can't answer how different rules will apply.( I'm thinking they are same not sure how far you can bend the rules)

Quote:

Originally Posted by Nishant_imt

My greencard was filed in Richmond VA, I moved to another location twice since then. Also, my company is head quartered in Minneapolis, but at the time of filing, they had a branch office located in Richmond which is now closed. My I140 is approved. How does this situation affect my future greencard processing?
11-01-2011, 10:34 AM
girish989

Quote:

Originally Posted by leo07

Nishant_imt, if your PD is any where close to being current or otherwise, rush to a good attorney. Answers in these forums are not tailor made so, may not fit your situation.

That said, my experience tells me that you will have to amend your I-140 at the least. Again, I have always worked corporations and full-time, every time there's a change, I had applied for I-140 amendment.I have never been a consultant, so, I can't answer how different rules will apply.( I'm thinking they are same not sure how far you can bend the rules)

I work for a extremely large consulting firm and in my labor it says - 'Various unanticipated work sites though out US'. Generally I travel to various client sites on a weekly basis. They file LCAs for each new client but my 140 has never been amended.

Hope this helps. But always contact your companies attorney. They generally have all the answers because they know your situation best.
11-01-2011, 10:48 AM
geterdone

Ead & ap

I am not an expert on GC related stuff- so a basic question:

If you are on H-1 and when you apply for 485 I think you have the option to apply for EAD/AP. I guess AP is for travelling, is there any advantage in applying for EAD or is it better to stay with H-1? if you have EAD and your H-1 stamp is not current on the passport do you have to go for visa stamping or since you have EAD you can use that as the stamped visa? Also do people apply only for AP? how long are they valid? sorry for these basic questions
11-01-2011, 11:09 AM
krishnav

Thanks Leo,

I am not worried about the address part as I used the same address for all the applications.
My worry was about the fact that I first submitted ar 11 saying I was a visitor (by mistake) and then resubmitted another ar 11 saying I am on H1B.
I was worried if I would be in any trouble when they do address checks and somehow see that I was a visitor and see that there is some mismatch in my status and put an RFE.
Hopefully all this should not be an issue.

Quote:

Originally Posted by leo07

Basically, all your pending applications with CIS will have address updated with AR-11. So, don't worry and relax.
11-01-2011, 11:43 AM
leo4ever

Is this any important? Just read about it somewhere. May be there are scritinizing L1 more?

starting December 1, the US Consulate General in Chennai will be the US Mission to India's [ Images ] sole blanket L category visa acceptance and processing centre ("blanket" L visas are issued to managers, executives, or specialised knowledge professionals transferring within their company).

Companies throughout India will be requested to send blanket L applicants exclusively to Chennai for visa interviews.

The L1B and L1A categories include specialised knowledge professionals, executives and managers transferring to the US.

This change is in order to streamline the blanket L visa issuance process, and is part of the U.S. Government's ongoing effort to provide efficient visa services throughout India. It does not affect the spouses and children of L1 visa holders – they and individual L1B and L1A visa applicants may still be processed at any US Consular section in India.

This centralisation affects only the location for processing of L-1 blanket visas; it does not change the law or policy for visa processing.
http://imads.rediff.com/0/default/empty.gif

Source: http://www.rediff.com/business/repor...1/20111101.htm
11-01-2011, 11:54 AM
cbpds1

ur pd is in jun 2007, what are u doing till now :).....did u not file ur 485?

Quote:

Originally Posted by leo07

AFAIK, none of these immigration related tests/vaccines are covered by insurance. I'd like to be proven wrong and save some money :)
11-01-2011, 12:10 PM
leo07

I have filed already :). I paid all these vaccination expenses out of pocket.
Thanks!

Quote:

Originally Posted by cbpds1

ur pd is in jun 2007, what are u doing till now :).....did u not file ur 485?
11-01-2011, 12:12 PM
leo07

My 2 cents...
--apply for EAD/AP
--keep and continue H1b, Renew it if you have to for the primary employment for which you applied 485.

Quote:

Originally Posted by geterdone

I am not an expert on GC related stuff- so a basic question:

If you are on H-1 and when you apply for 485 I think you have the option to apply for EAD/AP. I guess AP is for travelling, is there any advantage in applying for EAD or is it better to stay with H-1? if you have EAD and your H-1 stamp is not current on the passport do you have to go for visa stamping or since you have EAD you can use that as the stamped visa? Also do people apply only for AP? how long are they valid? sorry for these basic questions
11-01-2011, 12:13 PM
leo07

At the first glance, it translates to more SOFAD next summer :)

Quote:

Originally Posted by leo4ever

Is this any important? Just read about it somewhere. May be there are scritinizing L1 more?

starting December 1, the US Consulate General in Chennai will be the US Mission to India's [ Images ] sole blanket L category visa acceptance and processing centre ("blanket" L visas are issued to managers, executives, or specialised knowledge professionals transferring within their company).

Companies throughout India will be requested to send blanket L applicants exclusively to Chennai for visa interviews.

The L1B and L1A categories include specialised knowledge professionals, executives and managers transferring to the US.

This change is in order to streamline the blanket L visa issuance process, and is part of the U.S. Government's ongoing effort to provide efficient visa services throughout India. It does not affect the spouses and children of L1 visa holders – they and individual L1B and L1A visa applicants may still be processed at any US Consular section in India.

This centralisation affects only the location for processing of L-1 blanket visas; it does not change the law or policy for visa processing.
http://imads.rediff.com/0/default/empty.gif

Source: http://www.rediff.com/business/repor...1/20111101.htm
11-01-2011, 12:14 PM
cbpds1

The bigger question is whether BO supports it?

Quote:

Originally Posted by vizcard

Possible? Yes. Probable? No.

The bill is in the legislative process so anything's possible. But there are major hurdles (economy, elections) so makes it less probable.

PS: the only thing it has going for it is that it doesn't change anything for Americans
11-01-2011, 12:15 PM
nishant2200

Quote:

Originally Posted by leo07

At the first glance, it translates to more SOFAD next summer :)

this L1 intratransfer work visa is the guy which torments ultimately in EB1C.

I hope this streamlining has an hidden agenda to scrutinize these candidates. There also is a dire need of labor certification with appropriate PWD for this category, so that it is certified that the salary is commensurate with someone who commands a category even above EB2.
11-01-2011, 12:17 PM
cbpds1

so what happens if u have EAD/AP and they reject ur H1 during visa stamping at the consulate?

Quote:

Originally Posted by leo07

My 2 cents...
--apply for EAD/AP
--keep and continue H1b, Renew it if you have to for the primary employment for which you applied 485.
11-01-2011, 12:24 PM
vizcard

Quote:

Originally Posted by cbpds1

so what happens if u have EAD/AP and they reject ur H1 during visa stamping at the consulate?

I believe your H1 automatically is voided once you get EAD/AP.
11-01-2011, 12:29 PM
nishant2200

Quote:

Originally Posted by cbpds1

so what happens if u have EAD/AP and they reject ur H1 during visa stamping at the consulate?

Quote:

Originally Posted by vizcard

I believe your H1 automatically is voided once you get EAD/AP.

This is my belief.

If H1 got rejected, it does not put in harm your AOS, and you can enter on AP, and work on EAD.

H1 is not voided on EAD/AP, H1 is voided on getting actual green card.

A person on EAD/AP, can go to India, continue to have H1, may not even get H1 stamped, and next time can go and get stamped, can change jobs using H1 transfer if he wishes to have H1 cushion.
11-01-2011, 12:37 PM
pdmay2008

December Visa Bulleting coming soon message is up.

Upcoming month's visa bulletin: December 2011 (Coming Soon)
11-01-2011, 12:46 PM
qblogfan

Dear friend, Thanks for your introduction of golpappas. I like street food too.

I am sorry to hear you are checked in India. I was checked in China several years ago. It took me about one month to get visa.

I would like to provide this phone number to you: 202-663-1225, extension 100.

You can call this number to check your status in DC.

It's much pain to go through the admin check and it's totally bull shit and a waste of time. Their goal is to minimize your communication/visit to your home country, thus minimize the possibility of technology transfer.

Quote:

Originally Posted by imdeng

Thanks Q, srimurthy, sandeep11, indiasunil, manubhai and mysati for your thoughtful replies. I am much relieved after your advice. Since they have not asked for any documents, I am just going to keep my fingers crossed, check my email like a maniac, inform my company of the stupidity, call VFS with the regularity of going to the loo after having golgappas* and finally, send laddus* to all of you once I land back in US.

*PS> QBF - golgappas are a street food in India that are sure to give you diarrhea (although I have avoided the fate on this trip) - but they are so tasty that you can not resist them. Laddus are a kind of sweet - usually distributed on occasions of celebration.
11-01-2011, 12:49 PM
qblogfan

my friend, I was busy with some research these days and I didn't post in the past several days.

now I am back and will post more!

Quote:

Originally Posted by nishant2200

This is my belief.

If H1 got rejected, it does not put in harm your AOS, and you can enter on AP, and work on EAD.

H1 is not voided on EAD/AP, H1 is voided on getting actual green card.

A person on EAD/AP, can go to India, continue to have H1, may not even get H1 stamped, and next time can go and get stamped, can change jobs using H1 transfer if he wishes to have H1 cushion.
11-01-2011, 12:51 PM
mysati

Not being a spoilsport here or bursting your balloon of enthu. As soon as a month's VB comes out, the next month is updated on top with the standard phrase. So please wait...apka number be ayega :) (Translation: You'll get your turn/chance soon.)

Quote:

Originally Posted by pdmay2008

Upcoming month's visa bulletin: December 2011 (Coming Soon)
11-01-2011, 01:02 PM
leo4ever

Quote:

Originally Posted by nishant2200

this L1 intratransfer work visa is the guy which torments ultimately in EB1C.

I hope this streamlining has an hidden agenda to scrutinize these candidates. There also is a dire need of labor certification with appropriate PWD for this category, so that it is certified that the salary is commensurate with someone who commands a category even above EB2.

I hope this helps misusing EB1. May be have search to see if they are planning to do only in india or also in other countries including china.
11-01-2011, 01:11 PM
leo07

Those are all hypothetical questions. Why would you go for a H1b Visa when you have AP?
What I meant by renewing H1 is to extend your legal-petition not the Visa part. may be I was not clear there.

Quote:

Originally Posted by cbpds1

so what happens if u have EAD/AP and they reject ur H1 during visa stamping at the consulate?
11-01-2011, 01:13 PM
leo07

Not true. Only after your adjustment of status application is approved will your H1b becomes void. As Nishanth mentioned that's after your GC

Quote:

Originally Posted by vizcard

I believe your H1 automatically is voided once you get EAD/AP.
11-01-2011, 01:15 PM
vizcard

Quote:

Originally Posted by leo07

Not true. Only after your adjustment of status application is approved will your H1b becomes void. As Nishanth mentioned that's after your GC

Thanks for the clarification. But that brings up another question. What if the AOS gets rejected. Does the underlying H1 get cancelled?
11-01-2011, 01:21 PM
nishant2200

Quote:

Originally Posted by vizcard

Thanks for the clarification. But that brings up another question. What if the AOS gets rejected. Does the underlying H1 get cancelled?

no, that is why people recommend maintaining a H1 also alongwith.
11-01-2011, 01:33 PM
pdmay2008

Quote:

Originally Posted by mysati

Not being a spoilsport here or bursting your balloon of enthu. As soon as a month's VB comes out, the next month is updated on top with the standard phrase. So please wait...apka number be ayega :) (Translation: You'll get your turn/chance soon.)

Thanks for the clarification. I thought it only shows up 3 or 4 days before the VB comes out.
11-01-2011, 01:37 PM
sandeep11

Apply for EAD and AP. Don't use EAD if you think it would be better off to continue on H1until you get greened. You still have to pay the same fee. They don't charge you extra for EAD and AP. The fee is $985 + $85 = $1070. Its just that you will get EAD and AP just in case.

Edit: EAD + AP (both on one card) valid for 2 years

Quote:

Originally Posted by geterdone

I am not an expert on GC related stuff- so a basic question:

If you are on H-1 and when you apply for 485 I think you have the option to apply for EAD/AP. I guess AP is for travelling, is there any advantage in applying for EAD or is it better to stay with H-1? if you have EAD and your H-1 stamp is not current on the passport do you have to go for visa stamping or since you have EAD you can use that as the stamped visa? Also do people apply only for AP? how long are they valid? sorry for these basic questions
11-01-2011, 01:39 PM
leo4ever

Quote:

Originally Posted by vizcard

Thanks for the clarification. But that brings up another question. What if the AOS gets rejected. Does the underlying H1 get cancelled?

i liked your way of having PD in signature and copied you :-)
11-01-2011, 01:40 PM
cbpds1

its more abt avoiding the H1 stamping peace killing process while on "vacation" for many folks.

Quote:

Originally Posted by sandeep11

Apply for EAD and AP. Don't use EAD if you think it would be better off to continue on H1until you get greened. You still have to pay the same fee. They don't charge you extra for EAD and AP. The fee is $985 + $85 = $1070. Its just that you will get EAD and AP just in case.
11-01-2011, 01:41 PM
leo07

Again, I feel that you are asking all hypothetical questions.
These are two separate and almost independent applications on a different points of a time line. Just because AOS is rejected doesn't mean your H1B will be rejected, however, if your h1b is rejected chances of AOS slim down significantly. Because one of the line items on your AOS is about 'Rejection' of any type of petition with CIS.

Quote:

Originally Posted by vizcard

Thanks for the clarification. But that brings up another question. What if the AOS gets rejected. Does the underlying H1 get cancelled?
11-01-2011, 01:41 PM
vchirakala

Pd 04/18/2008

Guru's,

Do I have any chance of becoming current in this or next bulletin.
11-01-2011, 01:46 PM
sandeep11

If not in the upcoming bulletin, you should be current in the next (Jan VB) if what CO has mentioned in the last wednesday's stakeholders meeting stands true. Atleast I am relying on it rather with a grain of salt.

Quote:

Originally Posted by vchirakala

Guru's,

Do I have any chance of becoming current in this or next bulletin.
11-01-2011, 01:47 PM
srd4gc

If a candidate got a rejection on an F1 visa attempt before entry into US and then got the approval for the same in another attempt, should this visa rejection be included in the 485 application???

Quote:

Originally Posted by leo07

Again, I feel that you are asking all hypothetical questions.
These are two separate and almost independent applications on a different points of a time line. Just because AOS is rejected doesn't mean your H1B will be rejected, however, if your h1b is rejected chances of AOS slim down significantly. Because one of the line items on your AOS is about 'Rejection' of any type of petition with CIS.
11-01-2011, 01:53 PM
venkimakthal

Quote:

Originally Posted by sandeep11

If not in the upcoming bulletin, you should be current in the next (Jan VB) if what CO has mentioned in the last wednesday's stakeholders meeting stands true. Atleast I am relying on it rather with a grain of salt.

I am also more over in same boat, my PD is April 08, 08, last wednesday's stakeholders meeting both Jan and Feb VB can be like Dec movement, even if CO does in Jan we will be current, lets hope for the best, cross fingers
11-01-2011, 01:54 PM
leo07

YES. you got to be truthful to the best of your knowledge when you sign on the dotted line.

Quote:

Originally Posted by srd4gc

If a candidate got a rejection on an F1 visa attempt before entry into US and then got the approval for the same in another attempt, should this visa rejection be included in the 485 application???
11-01-2011, 01:59 PM
srd4gc

Good to know...Thanks!
11-01-2011, 02:22 PM
Karma1979

Filing fees for I-485 is total of $1070. Does this include your spouse or you have to pay $1070 each (a total of $2140) ??
11-01-2011, 02:30 PM
vchirakala

Good luck to everyone ...
11-01-2011, 02:32 PM
venkimakthal

Quote:

Originally Posted by Karma1979

Filing fees for I-485 is total of $1070. Does this include your spouse or you have to pay $1070 each (a total of $2140) ??

I think it will be $2140
11-01-2011, 02:45 PM
tackle

Quote:

Originally Posted by venkimakthal

I think it will be $2140

This is correct.
11-01-2011, 02:46 PM
Transformer

Quote:

Originally Posted by Karma1979

Filing fees for I-485 is total of $1070. Does this include your spouse or you have to pay $1070 each (a total of $2140) ??

$1070 for each 485 application.

Show 40 post(s) from this thread on one page

All times are GMT -5. The time now is 07:39 PM.