akred
07-19 04:33 PM
EAD does not confer any status to live in the US. Your status continues to be AOS. When the EB2 I140 is approved, the lawyer will either interfile it with the pending I485, or the USCIS will auto-approve your case if the EB2 priority date is current.
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raj2007
02-17 11:40 PM
Yes I declared my arrest in I485 and have got my EAD and AP aproved.
Did anyone in this situation travel on AP?
I think you should be OK.. try to consult the lawyer.
Did anyone in this situation travel on AP?
I think you should be OK.. try to consult the lawyer.
vikki76
10-10 12:33 AM
So what was the outcome of roundtable?
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mkr_s05
03-26 11:30 PM
Mine is a labor substitution filing and 140 is filed in TSC in April-2007. This case is transferred from TSC to NSC in Nov-2007. There are no LUDs after that. I have seen similar cases transferrred in November. Did anyone receive an approval/LUD in such cases ?
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aristotle
06-24 12:53 AM
Whats your point? This is not a medical forum :)
BTW, its PPD test and I know quite a few people of Indian origin who had to go for the X-ray. Follow some of the other threads on this forum as well.
I hear a lot about Indian's getting positive PDP (TB Skin Test)result. But when I talked to many of my Indian friends, they say they got negative result. Met only one who got positive skin test result.
Hope this poll sheds some light on what is the percentage of people that got positive reaction to PDP tests. Please participate.
BTW, its PPD test and I know quite a few people of Indian origin who had to go for the X-ray. Follow some of the other threads on this forum as well.
I hear a lot about Indian's getting positive PDP (TB Skin Test)result. But when I talked to many of my Indian friends, they say they got negative result. Met only one who got positive skin test result.
Hope this poll sheds some light on what is the percentage of people that got positive reaction to PDP tests. Please participate.
Project_A
11-15 04:36 PM
Looks like the demand data does not include the backlog at NVC. How does it work? I am not familiar with the process. Any ideas...?
Please see my earlier posting:
Here is the latest snapshot of the backlog of EB applications:
EB1= 7,595 + 2,961 ( at NVC) + new applications.
EB2= 45,573 + 6,738 ( at NVC) + Huge backlog waiting in line.
EB3= 114,442 + 102,395 ( at NVC) + unknown backlog waiting in line.
*NVC stands for National Visa Center.
** Does not include service centers.
* Spillover to EB3 may not happen for several years due to a large number of EB2's waiting to submit their 485 applications.
* Even if spillover occurs, majority of them will go to EB3 Philippines (please See the NVC backlog).
* From the above, assuming no spillover to EB3-I, it would take (56,640 + 20,873)/2600=30 years.
* With spillover (lets say after 5++ years due to the pending EB2�s), it may take another 5 to 7 years to clear the EB3 backlog.
Please see my earlier posting:
Here is the latest snapshot of the backlog of EB applications:
EB1= 7,595 + 2,961 ( at NVC) + new applications.
EB2= 45,573 + 6,738 ( at NVC) + Huge backlog waiting in line.
EB3= 114,442 + 102,395 ( at NVC) + unknown backlog waiting in line.
*NVC stands for National Visa Center.
** Does not include service centers.
* Spillover to EB3 may not happen for several years due to a large number of EB2's waiting to submit their 485 applications.
* Even if spillover occurs, majority of them will go to EB3 Philippines (please See the NVC backlog).
* From the above, assuming no spillover to EB3-I, it would take (56,640 + 20,873)/2600=30 years.
* With spillover (lets say after 5++ years due to the pending EB2�s), it may take another 5 to 7 years to clear the EB3 backlog.
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immi_enthu
01-12 02:04 AM
Hey here is a situation:
I have over 7 years of experience in IT
Come with a 4 year bachelor and 2 year masters from India from a non-computers background.
Have a diploma (1 year in computers)
few other computer certificate courses.
I work for Fortune's Best software company as sr. software qa engineer. My company wants to go ahead filing for my GC.
My company attorney says am not eligbile for EB2 based on the above but eligible for EB3. I am confused because I already have an EB2 being filed for future employment from a small company.
So I kind of guessing my company attorney's want to play safe to be on EB3 rather than EB2.
So what do u guys think that my company attorney is correct.
My understanding is that with the above qualifications, I am eligible for EB2.
Am I wrong????
Why EB2 ? Isn't EB3 doing better for India than EB2.
I have over 7 years of experience in IT
Come with a 4 year bachelor and 2 year masters from India from a non-computers background.
Have a diploma (1 year in computers)
few other computer certificate courses.
I work for Fortune's Best software company as sr. software qa engineer. My company wants to go ahead filing for my GC.
My company attorney says am not eligbile for EB2 based on the above but eligible for EB3. I am confused because I already have an EB2 being filed for future employment from a small company.
So I kind of guessing my company attorney's want to play safe to be on EB3 rather than EB2.
So what do u guys think that my company attorney is correct.
My understanding is that with the above qualifications, I am eligible for EB2.
Am I wrong????
Why EB2 ? Isn't EB3 doing better for India than EB2.
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sunny1000
05-03 06:07 PM
All,
I am a little confused. I just got my H1B extension done recently and my attorney sent me a letter saying that if I go out of the country for stamping I need to make sure my Passport is valid beyond the H1B period.
My passport expires in May 2008 and my current H1 is valid till July 2010. Does anyone see any issues in going for stamping in India in July 2007 with my current passport and later on some time next year applying for a new Indian passport.
Appreciate your help
You can apply for your new passport a year in advance. It might take a week to 10 days to receive by mail. If you go to the Indian Embassy or Consulate, you can get it the same day. But, you should be ok with the current passport since you have almost a year left on it.:cool:
I am a little confused. I just got my H1B extension done recently and my attorney sent me a letter saying that if I go out of the country for stamping I need to make sure my Passport is valid beyond the H1B period.
My passport expires in May 2008 and my current H1 is valid till July 2010. Does anyone see any issues in going for stamping in India in July 2007 with my current passport and later on some time next year applying for a new Indian passport.
Appreciate your help
You can apply for your new passport a year in advance. It might take a week to 10 days to receive by mail. If you go to the Indian Embassy or Consulate, you can get it the same day. But, you should be ok with the current passport since you have almost a year left on it.:cool:
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veni001
07-20 05:57 PM
Since the current job requirement is bachelor, your employer can not file GC in EB2.:o
Hi All,
First off, thank you for taking the time read this.
Now I did see a lot of discussions around this topic but could not get a real answer to my situation, Can someone please help me understand this better.
Currently working for the same employer who started my GC process, Labour applied and approved in Sep 06, I-40 approved in 2007, 485 pending. I'm with the employer for 6 years now. I have a masters degree (MCA) but the job does not require a masters when I joined. I have my bachelors (both 3yr degrees from India). I have close to 10 years of professional experience.
Do I qualify for the port, assuming my job does not require masters degree. Thank you all in advance.
Hi All,
First off, thank you for taking the time read this.
Now I did see a lot of discussions around this topic but could not get a real answer to my situation, Can someone please help me understand this better.
Currently working for the same employer who started my GC process, Labour applied and approved in Sep 06, I-40 approved in 2007, 485 pending. I'm with the employer for 6 years now. I have a masters degree (MCA) but the job does not require a masters when I joined. I have my bachelors (both 3yr degrees from India). I have close to 10 years of professional experience.
Do I qualify for the port, assuming my job does not require masters degree. Thank you all in advance.
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snathan
05-19 07:10 PM
Thanks for quick reply.
As of now, my friend is getting trained by local institutes in other IT realted field and searching for job. If things go well he might get a project in a month or so.
Q.Till he gets a project what risk does he have to his status?
Q.If he gets a project will everything be ok?
Pls advise
Thank you.
1. If he is in H1B and not getting salary its out of status.
2. As long as there is no investigation or in the GC process or next time stamping - if there is no RFE or the IO is not asking for the pay stub, W2 he is fine.
3. If they ask pay stub or tax statement while stamping or gc process he will be in trouble
As of now, my friend is getting trained by local institutes in other IT realted field and searching for job. If things go well he might get a project in a month or so.
Q.Till he gets a project what risk does he have to his status?
Q.If he gets a project will everything be ok?
Pls advise
Thank you.
1. If he is in H1B and not getting salary its out of status.
2. As long as there is no investigation or in the GC process or next time stamping - if there is no RFE or the IO is not asking for the pay stub, W2 he is fine.
3. If they ask pay stub or tax statement while stamping or gc process he will be in trouble
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iptel
03-15 05:35 PM
Guys, please don't start Indian firm bashing here. This site is being visited by people of other nationalities as well as offices of the lawmakers. We don't want to throw mush on the companies of our own country and look small. The info spgtopper has asked for is being asked by our lobbyst, so I would appreciate if you provide the relevant info.
Just a request. Please delete your posts.
Thanks for listening
I totally agree with black_log. Involving Indian firm or trying to use Indian political influence can cause sever damage to our cause. Its not just applies India abut any nation other than US. Unfortunately this is not the first thread of its kind.
Instead of having TCS, Infosys or Wipro trying to put influence why cant we have companies like Google, Intel, Micrsoft, Cisco or Yahoo. Their voices will be heard with respect.
Just a request. Please delete your posts.
Thanks for listening
I totally agree with black_log. Involving Indian firm or trying to use Indian political influence can cause sever damage to our cause. Its not just applies India abut any nation other than US. Unfortunately this is not the first thread of its kind.
Instead of having TCS, Infosys or Wipro trying to put influence why cant we have companies like Google, Intel, Micrsoft, Cisco or Yahoo. Their voices will be heard with respect.
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PDOCT05
11-19 12:30 PM
Congrats man...what date did you do the resubmit?
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mattresscoil
12-09 11:02 AM
Hi everyone,
I applied for my I-131, I-765 and I-485 together under EB-2 category on the 13th of September 2010. I got approval letters for both I-131 and I-765 by the 9th of November 2010. My wife and I also received our EAD cards and travel documents. But today I got another set of receipts for both I-765 and I-131 with rfe for photographs. The receipts number are different in both the previous and new receipts and the new ones are showing up in pending state on the USCIS website.
Please let me know what can be the reason I got these duplicate receipts and what should be the next steps.
Thank you all in advance,
Bathuzp
Take Infopass and talk to them. In my opinion if you have approvals in your hand, they stand valid.
USCIS - Left hand does not know what right hand does and vice versa.
I understand your confusion, I hope you find a patient officer at your infopass appointment.
Question:
Did you apply for your EAD/AP yourself and did your lawyer(if you hired) also apply for EAD/AP. Check with your lawyer and employer too.
I applied for my I-131, I-765 and I-485 together under EB-2 category on the 13th of September 2010. I got approval letters for both I-131 and I-765 by the 9th of November 2010. My wife and I also received our EAD cards and travel documents. But today I got another set of receipts for both I-765 and I-131 with rfe for photographs. The receipts number are different in both the previous and new receipts and the new ones are showing up in pending state on the USCIS website.
Please let me know what can be the reason I got these duplicate receipts and what should be the next steps.
Thank you all in advance,
Bathuzp
Take Infopass and talk to them. In my opinion if you have approvals in your hand, they stand valid.
USCIS - Left hand does not know what right hand does and vice versa.
I understand your confusion, I hope you find a patient officer at your infopass appointment.
Question:
Did you apply for your EAD/AP yourself and did your lawyer(if you hired) also apply for EAD/AP. Check with your lawyer and employer too.
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dskhabra
09-22 08:57 AM
My H-1B petition is currently under processing in Vermont sevice center.
The receipt status shows it was recieved on May 8th and currently pending.
The processing dates on the USCIS website show May 31st as the current date.
Any reason why I still didnt receive a decision from USICS for my H-1B Petition? Does this mean anything? Or can i still keep the hope that I may receive a decision from USCIS?
They usually try to approve most of the new H1B before 9/30. You might get it approved in this week.
The receipt status shows it was recieved on May 8th and currently pending.
The processing dates on the USCIS website show May 31st as the current date.
Any reason why I still didnt receive a decision from USICS for my H-1B Petition? Does this mean anything? Or can i still keep the hope that I may receive a decision from USCIS?
They usually try to approve most of the new H1B before 9/30. You might get it approved in this week.
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cool_desi_gc
03-18 06:26 PM
Thats a good set of documents to be sent. You should be all set.
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txh1b
08-18 09:53 AM
Agree with wandmaker.
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starscream
06-06 10:29 AM
Below is a decsription of this amendment from AILA document which lists all the amendments that were discussed yesterday
http://www.aila.org/content/default.aspx?docid=22584
It confirms that the amendment #1231 applies to Y visa only. On the Senate discussion thread yesterday when this amedment was being discussed some body mentioned something along the lines that that Sen. Kennedy said he supported employer recruitment for all jobs and that really scared me ... I think Sen. Kennedy might have been referring to jobs that require the Y visa
This amendment does not mention anything on H1Bs. There was a lot of discussion on this point yesterday. I think we can breathe a litlle easy now.
The CIR does have other restrictions on H1B like $5000 more fees, restrictions for consulting companies & non-disaplacement clause but I don't think any GC type LABOR CERTIFICATION is required.
From the aila doc:
Durbin Amendment (#1231) to Remove DOL-Determined Labor Shortages as an Exception to Y Visa Recruitment Requirements
Senator Durbin (D-IL) introduced an amendment that eliminates DOL-determined labor shortages as an exception to employer recruitment requirements for Y visas. Senator Durbin argued that the amendment is an attempt to require that jobs be offered to Americans before they are offered to Y visa holders in the new worker program. Removing the provision in the underlying bill allowing the Secretary of Labor to declare labor shortages, he said, would achieve this, since all employers who use the Y visa program would always be required to offer jobs to Americans first. Senator Durbin cited the AFL-CIO as a strong supporter of his measure. Senator Grassley (R-IA), a co-sponsor of the amendment, also expressed his support for the amendment.
Senator Specter argued in response that this amendment is simply unnecessary, since American workers and their wages are already protected under the law. Senator Kennedy, however, expressed support for the amendment. He agreed with the general principle that a measure protecting American workers is good for the country. Ensuring that new Y visa workers don’t encroach upon American jobs or affect American wages, he said, is a step in that direction.
The amendment was agreed to by a vote of 71-22.
--------------------------------------------------------------------------------
http://www.aila.org/content/default.aspx?docid=22584
It confirms that the amendment #1231 applies to Y visa only. On the Senate discussion thread yesterday when this amedment was being discussed some body mentioned something along the lines that that Sen. Kennedy said he supported employer recruitment for all jobs and that really scared me ... I think Sen. Kennedy might have been referring to jobs that require the Y visa
This amendment does not mention anything on H1Bs. There was a lot of discussion on this point yesterday. I think we can breathe a litlle easy now.
The CIR does have other restrictions on H1B like $5000 more fees, restrictions for consulting companies & non-disaplacement clause but I don't think any GC type LABOR CERTIFICATION is required.
From the aila doc:
Durbin Amendment (#1231) to Remove DOL-Determined Labor Shortages as an Exception to Y Visa Recruitment Requirements
Senator Durbin (D-IL) introduced an amendment that eliminates DOL-determined labor shortages as an exception to employer recruitment requirements for Y visas. Senator Durbin argued that the amendment is an attempt to require that jobs be offered to Americans before they are offered to Y visa holders in the new worker program. Removing the provision in the underlying bill allowing the Secretary of Labor to declare labor shortages, he said, would achieve this, since all employers who use the Y visa program would always be required to offer jobs to Americans first. Senator Durbin cited the AFL-CIO as a strong supporter of his measure. Senator Grassley (R-IA), a co-sponsor of the amendment, also expressed his support for the amendment.
Senator Specter argued in response that this amendment is simply unnecessary, since American workers and their wages are already protected under the law. Senator Kennedy, however, expressed support for the amendment. He agreed with the general principle that a measure protecting American workers is good for the country. Ensuring that new Y visa workers don’t encroach upon American jobs or affect American wages, he said, is a step in that direction.
The amendment was agreed to by a vote of 71-22.
--------------------------------------------------------------------------------
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pasupuleti
04-04 03:20 PM
Here is the link explaining contributions to IV are legal..
http://immigrationvoice.org/index.php?option=com_content&task=view&id=43&Itemid=48
http://immigrationvoice.org/index.php?option=com_content&task=view&id=43&Itemid=48
GCeffect
11-13 07:51 PM
Hi there:
My mother in law is visiting us. This is her 2nd time in this country. In 2007 when she visited us in USA, we applied for the extension and it was approved but the 2nd time when we applied for the extension again it was denied.
She is visiting us this year too. As usual she receved 6 months visa on the port of entry, we're planning to apply for the extension again. 6 month will expire on 29th of november, 2009. Also as we have out first kids about 4 months ago and that is another reson she wants to stay another 4/5 months.
In the reson of extension should we mention "she wants to stay for the baby" or should we mentioned about her anticipated trip to other states?
There are only 15 days left in her passport; is that okay to apply for the extension?
i'm ready with all the application paperworks. Any input is appreciated in the above mentioned matter.
My wife and my current status: i-485 pending for last 2.5 years.
Thanks ahead
My mother in law is visiting us. This is her 2nd time in this country. In 2007 when she visited us in USA, we applied for the extension and it was approved but the 2nd time when we applied for the extension again it was denied.
She is visiting us this year too. As usual she receved 6 months visa on the port of entry, we're planning to apply for the extension again. 6 month will expire on 29th of november, 2009. Also as we have out first kids about 4 months ago and that is another reson she wants to stay another 4/5 months.
In the reson of extension should we mention "she wants to stay for the baby" or should we mentioned about her anticipated trip to other states?
There are only 15 days left in her passport; is that okay to apply for the extension?
i'm ready with all the application paperworks. Any input is appreciated in the above mentioned matter.
My wife and my current status: i-485 pending for last 2.5 years.
Thanks ahead
contact.vr
12-01 12:01 AM
I'm trying to do H1 transfer but my case has some complications and henc am worried if I should go forward or stick with my current company though they are sucking my blood outright.
1. My company does not give me paystubs(which I know is illegal, but they are ruthless that they might withdraw their application if I fight them). Is it possible to do H1 transfer with one paystub if I somehow manage to get one from them(By lyin as in for bank loan)?
2. I had done only undergrad (3 yrs) when they applied for my H1. I had my MBA going but havent graduated when H1 applied and they actually applied by putting my part time experince as full time experience and got my H1. They totaly masked my masters.Is it advisable to continue with my 3 yrs degree and partly fake experience or put my masters in the transfer appln. Would I get any query on that? But one good explanation is I finished my MBs around the same time as I applied H1 and so I can explain it to USCIS but still I'm worried. Any body in smilar boat?
1. My company does not give me paystubs(which I know is illegal, but they are ruthless that they might withdraw their application if I fight them). Is it possible to do H1 transfer with one paystub if I somehow manage to get one from them(By lyin as in for bank loan)?
2. I had done only undergrad (3 yrs) when they applied for my H1. I had my MBA going but havent graduated when H1 applied and they actually applied by putting my part time experince as full time experience and got my H1. They totaly masked my masters.Is it advisable to continue with my 3 yrs degree and partly fake experience or put my masters in the transfer appln. Would I get any query on that? But one good explanation is I finished my MBs around the same time as I applied H1 and so I can explain it to USCIS but still I'm worried. Any body in smilar boat?
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