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12-28 04:50 AM

The Congressional starter pistol on comprehensive immigration reform (CIR) has been fired skyward with the release of a 644-page mish-mash of proposed changes to the Immigration and Nationality Act that will both please and infuriate pro- and anti-immigration combatants in the Capitol and throughout the land. Introduced by Rep. Luis V. Gutierrez (D-IL), the bill with three names (the ��Comprehensive Immigration Reform for America�s Security and Prosperity Act of 2009,�� the ��Comprehensive Immigration Reform ASAP Act of 2009,��and the ��CIR ASAP Act of 2009��) is the first sortie in the coming Congressional ground war over immigration policy. With the release...

More... (http://blogs.ilw.com/angelopaparelli/2009/12/cir-asap-an-immigration-hard-slap-to-business.html)

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Funky_Monkey

09-13 11:56 PM

Thanks for all your replies!

My understanding is the same as Glus and Raj. However, I am also afraid that GCHope2011 might be right, in which case I might stay illegally more than 180 days if I wait long enough and would have to wait 3 years to get back to the U.S.

I was holding H4 visa before I started using the EAD.

Relinking the 485 with my approved NIW 140 is probably not going to work as my priority date for that is Feb,2008 and it is not current yet.

I definitely want to speak with an attorney so Gus I will PM you.

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singhsa3

08-19 08:03 AM

Forgive me but being an active volunteer I am seeing state of the affair so was compelled to make these comments.

You are on 8th year of extension and this is a very stressful moment for you.
IV probably can't help you a lot at this time as it is after the fact but it can help others before such thing happens.

We are a growing union, which is run by people like you and me. If folks are not actively involved loobying for a) getting laws changed b) developing relationships with law makers and USCIS c) creating leverage of our unity over lawyers, these incidents will continue to happen.

If we had become powerful enough, then in the cases like this IV would have hold high level meeting with USCIS to resolve this gentleman problem. But unfortunately, we are still a strugling union to get members to volunteer.


Hi,

My PD is Dec 2002 (on 8th year H-1 extension and just applied to renew H-1 again) and my company recd the 45-day letter in April 06 and responded in time. I checked my case status in July 07 and it displayed case closed. I called my lawyer and basically the response I got was she did not respond in time to a rescruitment instructions report sent by DOL in March 07 and hence the case was closed. My company has been supportive through this process and its only my lawyer whose been horrible.

While part of me wanted to do strangle her, the other part (guessing the sendible part) made me realize I needed to get this resolved.

1. Have any of you been in this situation and had your case reopened and if so, how?

2. Can I change my attorney in this situation and have him/her try to get the case reopened?

Any advice would be much appreciated.

Thanks.

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gc_kosam

06-02 02:09 PM

Guru's,

My employer filed my I 485 last year during July visa bulletin under EB3. My I 140 is already approved from the same employer. Now my employer is planning to apply for EB2 labor. My question is

1) Once my EB2 labor gets approved, Do they have to file new I 140 again (OR) can they use the approved I 140 (EB3) to port my PD to EB2 application

2) If they apply for new EB2 140...does this invalidate my approved EB3 140 ???:confused:

3) If they have to file I 140 again for EB2...is this I 140 goes through the regular time frames (12months) (OR) since my EB3 140 is already approved my EB2 140 gets approved faster.

Please Guru's share your thoughts.

Thanks in Advance

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learning01

05-25 06:41 AM

and we need to close one, prefererably this one.

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m306m

04-15 02:27 PM

Congrats. Enjoy your GC. Do pray for us and continue to support our efforts.

I have been with the same employer for over 8 years. I am sure it will be 9 years before I get my GC. I am very happy with my employer and want to continue with them after I get my GC.

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needhelp!

01-28 05:34 PM

How can we be sure unless we ask them?

Deepak Chopra is a medical doctor, so pretty sure he would have used EB immigration.. you think he was family based?

Sabeer Bhatia is from BITS.. he studied here.. so I guess that would have been F1 first then started working here.

I am not sure if Deepak Chopra and other above are EB immigrants. I was asking for examples of people from EB immigrants community.
Thanks.

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tinuverma

11-09 10:10 AM

First, what is "diwali"? Are you just assuming that all members here understand your language and are same nationality?

There is a website called Google. Its amazing in that it is above nationality and responds to every "what is..."


Second,
180 days after applying for AOS you can use AC21 and change job.
Thanks. So my AOS is which of the two: july 23rd (date courier received) or oct 17th (date checks encashed)?

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ski_dude12

02-22 07:21 PM

Did you inform USCIS that you are changing jobs using EAD and invoking AC21?

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SGP

10-28 11:24 AM

Was the threat or intimidation verbal or do you have any paper trail. This can go both ways as the company's have a right to protect their intellectual property and on the same was that non compete legal (meaning if you challenge that in the court, can the judge say yes this needs 5 years of non compete).
Take the non compete and any paper trail about the termination to an HR attorney ASAP. Also see whether any of your colleagues were impacted and go for a class action.

The threat was verbal, I do not have any paper trail. I know that 2 of the 4 colleagues have already signed the agreement. I do not know about the other 2 as they are the owners close blood relation.

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meridiani.planum

07-18 11:39 PM

Hi,
My wife's 485 is rejected with the following reason "The application/petition was filed on the outdated version of this form". The rejection notice has a receive date of July 1st 2010 and a LIN number. Now the problem-

My 485 was approved on July 8th, 2010 and I received a "Welcome to USA" notice on July 12th. My H1 has expired on July 14th, 2010 along with wife's H4 and our I-94's. We applied for both the H extensions in may. Now if we resubmit the 485 with the new application will the USCIS honor the July 1st receive date?


My main concern is on her status, any input will be greatly appreciated.

Thank you.

yes you can still file her 485 since you were married before your approval. upto 6 months of out of status is anyway acceptable for 485 filing, so dont worry about the 5 days.
However get hold of a real good lawyer (Murthy/Rajiv Khanna etc) to file this case now so there is no screw-up again.

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saimrathi

07-12 01:55 PM

I used the template on one of the other threads "I am a highly skilled... " attached the program for 7/14 Rally and the two letters from Zoe.. Express posted it to Arnie and it will be delivered tomm at Sacramento... Didnt save the word doc, so I wont be able to send it across.. sorry...

Can you send me the letter by PM or post it here? Would like to see the format. I could send one as well or fax it to him.

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willgetgc2005

03-22 07:37 PM

Sent to my Attorney.

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satishku_2000

08-04 11:52 PM

Unless you want to get ready for boilerplate RFEs on the 140 dont go for premium processing. They just issue RFEs to make sure that case is "processed".

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aviv

09-25 11:34 AM

before the new quota begins..
Any ideas how many visas are left? I still see a few approvals in ...
Could we see more approvals coming starting Oct 1 st?
I am getting desperate. MY PD is Aug 03 EB2 and it is current. Every day is a torture working for my current employer...

my last resort will be AC-21 Jan 2008


Mr LouDobbs!!

What does only 3 days left mean and how does it impact you? Would a new quota kicking mean anything

EB2/India/PD - July 2003
I140 approved - Dec 2006 at TSC
I485 mailed on 29th June to TSC
RD for 485, 131 and 765 is 8/15
recd EAD with Country of birth USA!! - 8/23
FP done on 9/14 - Got LUD after FP
Recd I 765 on 9/19

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for_gc

02-11 08:46 AM

My previous company hires them and I used to deal with Chugh firm a lot. They are very good and professional. I did not see any issues.

Best of luck with your EB2.

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sledge_hammer

06-30 06:18 PM

Hello all,

I need clarifications on how to answer certain questions in the I-134 form. Can someone here please help?

__________________________________________________ _______________
2. I am __ years of age and have resided in the United States since (date) ______

Do I enter the date I first landed in the US, or the most recent landing?

__________________________________________________ _______________
3. Name of spouse and children accompanying or following to join person:

I am sponsoring my mother and father. Do I name them here? Or should I have separate I-134 forms for each parent and leave "Name of spouse" above blank?
__________________________________________________ _______________
7. I am employed as or engaged in the business of _______ with _______

Should I enter my company's business type in the first blank and name of the company in the second blank?____________________________________________ _____________________
8. The following persons are dependent on me for support:

My wife and I file our tax as married/joint, and we do not claim each other as dependents. Should I leave the above item blank? Do I leave this blank?
__________________________________________________ _______________
9. I have previously submitted affidavit(s) of support for the following person(s). If none, state none.

I had sponsored my wife's H4 when she came to the US 2 years ago. I'm not sure if I did I-134. Do generally people file this during H4 sponsorship?
__________________________________________________ _______________
10. I have submitted a visa petition(s) to U.S. Citizenship and Immigration Services (USCIS) on behalf of the......Date Submitted?

I had of course sponsored my wife's H4. For date submitted, what date should I use?
__________________________________________________ _______________
11. I xIntend xdo not intend to make specific contributions to the support of the person(s) named in item 3

What should I enter here?
__________________________________________________ _______________

Thanks in advance!

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snathan

02-05 12:09 PM

Hello,

I graduated with a MS degree and I had 4 years of experience (on H1B) as a Test Engineer. I changed the job to a Software Engineer after 4 years. I am now applying for my labor certification for EB2 category. Do I have to apply as MS + 4 years of experience as a Test Engineer position only? (Since my past experience is as a Test Engineer?) OR Can I apply MS + 0 years of experience as a Software Engineer?

Or is there any other combination, that would help approve labor in EB2?

I am aware about the "MS degree requirement" in the position requirements for the case to qualify in the EB2 category and the employer is willing to do that.

Thanks in advance for all your insights.

You need to check with your HR and Attorney for the legal requirements. Make sure you are not breaking any law.

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10-02 02:57 PM

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vijayfx35

03-02 06:16 PM

Hi,

I've been an infrequent visitor to this site in the past, but it has helped me substantially especially when I've been frustrated with the GC situation - I feel the need to share this, hoping that it might help others. I'm posting in this forum because this is the place people tend to ask questions of lawyers. I'll try to keep this simple so that its easy to understand.

Me: EB2 PD March 2005 for first job. I-140 approved 2006. Promoted to different tile in 2007 Jan, second EB2 filed in March 2007.
Wife: EB2 PD Feb 2007.

During the 'fiasco' of 2007, because I did not have an approved PERM for my new job title, we filed for 485's and 140s through my wife with me as the dependent (Having an AP is worth it when traveling overseas, especially if you anticipate traveling for emergencies and don't have the luxury of checking in for an appointment with the consulate to get a visa renewal - also removes the stress of another interview). Neither of us applied for EADs because we were more secure on the H1 visas - your status is immediately screwed if you switch to EAD and your 485 is denied.

In 2008, I received an RFE on my 2nd PERM application (which was addressed by my company - I have no clue what it was about). In 2009, I received an RFE on my 485 application through my wife, we replied to it through a very good lawyer.

Last year, my original LC PD became current! However, our 485s were tied to my wife's application. After speaking to many lawyers, we understood that there were the following options:-

1. Withdraw the earlier 485s, file completely new ones based on my PD (supposedly the safest from GC point of view, because it leaves no room for confusion. Downside is processing time, app getting lost, losing AP/EAD from earlier 485 etc)
2. File another completely new set of parallel 485s, and leave it to UCSIS to figure out that they needed to pick one with the earlier PD (overkill and confusing as well. UCSIS now deals with 4 485 applications, and chances that they will get confused magnify. High processing time as well)
3. Send a letter requesting that the 485 applications be reviewed based on my PD as opposed to my wife's. (Upside is that its potentially the fastest, is approved by the UCSIS, and you can track it by calling up. Downside is that they may simply don't respond because its not really a legal document that's being sent. Then you get stuck just running for Infopass, SR, Congressman etc)

I have to say that choosing the right lawyer to handle your case is possibly the most important thing you can do. What some of us don't know is that while the earlier stages of the GC process are applications made by the company, the 485 application is an individual application, and you are legally allowed to do so through any lawyer you wish to. In our case, we chose the law firm we trusted, even though it was more expensive. They recommended option 3, and we went with it. That was 4 months ago.

On Saturday (2/25) we received email saying that the card were in processing. This afternoon we got our cards in the mail - a nice surprise.

Moral of the story:-

1. Do your homework, get multiple opinions - no one will care about your GC app like you do.
2. When you move and update the AR-11, make sure you update the address for pending cases as well - this will ensure they mail your GC to the correct place.
3. Don't do anything illegal :)
4. Hire the best lawyer you can if your case is not straightforward. Our lawyer was always willing to talk to us at a few hours notice, was very prompt, and was proactive in checking up on UCSIS updates, bulletins etc.

Best wishes.

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newbie2020

07-07 01:52 PM

Generally you need not pay the taxes right upfront, However if at the end of the year when you file your taxes, if the IRS determines that you owed lot of taxes and you hadn't make any advance payment it could create lot of issues,

Also imagine getting a tax bill for $$$$$ at the end of the year and you need to shell out right huge amount instead of making a small installments (Similar to the W2 withholdings )

Better choice, Make an advance tax payment, it would reduce the tax burden at the end, You may also get a refund.....

You can make the advance payment by getting an voucher and filling the details...., It need not be in both names, it can be just in your wife's name.

Again it doesn't matter how much you want to pay up...Pay like 3-4K per quarter and you are good...At the end of the year if you owe any additional amount you will pay it else if you made any extra payments you will get refund

All of it is just one single payment, Nothing to separate

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