mmanurker
02-07 01:39 PM
Sorry to hear that your 485 is denied....
My question to all the gurus here...I wonder what happens to EAD and AP after you appeal 485 denial?
I know that if your 485 gets denied then EAD and AP are void but lets say OP files 485 MTR(motion to reopen), does he have to reapply for EAD and AP or does that get reinstated based on the reciept he gets on 485 MTR?
Should the person stop working till he gets 485 MTR receipt or till he reapplies for new EAD and gets the approval?
Just curoius to know as these days denials seems to be the trend at USCIS and it would be helpful for all those who rely on EAD only and not sure what to do when there is a 485 denials for what ever reason.
FYI...I am still maintaining my H1 and also have a EAD but plan to switch to EAD only and not renew my H1 this year.
My question to all the gurus here...I wonder what happens to EAD and AP after you appeal 485 denial?
I know that if your 485 gets denied then EAD and AP are void but lets say OP files 485 MTR(motion to reopen), does he have to reapply for EAD and AP or does that get reinstated based on the reciept he gets on 485 MTR?
Should the person stop working till he gets 485 MTR receipt or till he reapplies for new EAD and gets the approval?
Just curoius to know as these days denials seems to be the trend at USCIS and it would be helpful for all those who rely on EAD only and not sure what to do when there is a 485 denials for what ever reason.
FYI...I am still maintaining my H1 and also have a EAD but plan to switch to EAD only and not renew my H1 this year.
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chanduv23
10-03 11:41 AM
^^^^^^^^^
jusky
02-23 10:00 AM
Please provide the email address/new thread where we can write the articles. Perhaps the admins can review all the articles submitted, and then choose some of the articles which they think are worthy, and other users can then try to post their comments. Last, the admins can edit the article based on those suggestions.
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vikki76
04-09 05:00 PM
If you are in IT-only discrimination you will face is against a fellow IT worker who is willing to work 14 hours a day.Caste ism politics is valid for less fortunate 70% of indian population who are not part of urban India.
I really doubt that anyone who is posting on this forum belongs to that group.So please don't bring unrelated topics while discussing -who is giving on frustrations of H1-B
I really doubt that anyone who is posting on this forum belongs to that group.So please don't bring unrelated topics while discussing -who is giving on frustrations of H1-B
more...
darslee
07-10 12:02 PM
If Martin Luther King Jr. can use the views of Gandhi successfully, why bother what we learnt in School?
Has anyone seen the statue of Mahatma Gandhi at the MLK memorial at Atlanta as well as a whole section devoted to Gandhi in the museum.
Huh? I was trying to convey that Gandhi's philosophy of passive resistance was so awesome that it had a strong impact on even a "little" person like me, growing up in Apartheid South Africa. And frankly, nations are made up of more "little" people than heroes ;)
Has anyone seen the statue of Mahatma Gandhi at the MLK memorial at Atlanta as well as a whole section devoted to Gandhi in the museum.
Huh? I was trying to convey that Gandhi's philosophy of passive resistance was so awesome that it had a strong impact on even a "little" person like me, growing up in Apartheid South Africa. And frankly, nations are made up of more "little" people than heroes ;)
vulcanfly
07-19 01:42 PM
I have my I140 approved long back but I wanted to make sure that we can get 3 yr extensions if we file 485 extensions.
more...
belmontboy
03-19 04:44 PM
Ye...we all see your moral standard here.
You reputation has gone up because you are supporting a shoplifter over hook...? wow. Support sex offenders, rapist and drug addict and kidnappers... you would get even more reputation.
Each of our past has its own dark stories buried somewhere.
Who are we to decide whats wrong and what right? are we that "good" to say that OP is "bad"??
Have we lived a honest and sincere life?? we should ask these questions to ourselves before weilding knife at OP.
Give the OP guy a break. He is expressing remorse for what happened [again i am not getting into the discussion of whether he is innocent or criminal here].
But do remember that all "shoplifters" are not criminals. Some go through misunderstanding process and get convicted. So without understanding what exactly happened, don't start judging people.
OP: you are showing remorse, you are one step closer to forgiveness from god.
Regarding immigration issues, please consult a criminal immigration attorney [they do case analysis and give you memo kind of thing that describes whether you case falls into CMT or not, and whether you are admissible or not]
You reputation has gone up because you are supporting a shoplifter over hook...? wow. Support sex offenders, rapist and drug addict and kidnappers... you would get even more reputation.
Each of our past has its own dark stories buried somewhere.
Who are we to decide whats wrong and what right? are we that "good" to say that OP is "bad"??
Have we lived a honest and sincere life?? we should ask these questions to ourselves before weilding knife at OP.
Give the OP guy a break. He is expressing remorse for what happened [again i am not getting into the discussion of whether he is innocent or criminal here].
But do remember that all "shoplifters" are not criminals. Some go through misunderstanding process and get convicted. So without understanding what exactly happened, don't start judging people.
OP: you are showing remorse, you are one step closer to forgiveness from god.
Regarding immigration issues, please consult a criminal immigration attorney [they do case analysis and give you memo kind of thing that describes whether you case falls into CMT or not, and whether you are admissible or not]
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vin13
03-04 01:39 PM
A question to the people who used AC21 and on EAD:
I am on EAD and changed job (six months after the I-485 is submitted). The new employer - a well know tech company - insisted on sending the AC21 letter to USCIS, and I sent it. After sending the letters there were LUD's on I485 applications for me and wife and I assumed the letter reached the files. There was no activity after wards. Recently my wife went out of country and while coming back she went thru the AP parol process. The immigration officer asked her a few questions, one of them is where I am working. She mentioned my current company which made the officer to have a question mark on his face (the file he is looking at has my previous employer name). We were expecting this to happen and my wife quickly explained to him that my application was sponsored by so-and-so company (my previous employer) but later I changed jobs as per AC21. She even had a copy of AC21 rules with her. There was no problem but she was kept in waiting for another 30+ minutes until the immigration officer talked to 2 other officers. She got the impression that most of immigration people there are not really aware of AC21 and this made us think this could be a potential issue for those who used AC21.
Did anyone had any issues like this. We were lucky not having too much of a hassle but was thinking on how to handle these port of entry interviews if someone used AC21.
Thanks to IV for taking this up.
First of all, the letter is not a requirement when you switch jobs. It is a matter of personal preference on whether you want to send the letter. So there may not be any record in your file about the change.
I have travelled using AP. I was not specifically asked this question.
Now, all Immigration officers may not be aware of the AC21 law. It may be good to mention the law and wait for them to verify. From your example, looks like it is good for all the family members to know the AC21 law and maybe carry a document stating the law.
Its a good heads-up for some of us who have switched jobs to carry AC21 document.
I am on EAD and changed job (six months after the I-485 is submitted). The new employer - a well know tech company - insisted on sending the AC21 letter to USCIS, and I sent it. After sending the letters there were LUD's on I485 applications for me and wife and I assumed the letter reached the files. There was no activity after wards. Recently my wife went out of country and while coming back she went thru the AP parol process. The immigration officer asked her a few questions, one of them is where I am working. She mentioned my current company which made the officer to have a question mark on his face (the file he is looking at has my previous employer name). We were expecting this to happen and my wife quickly explained to him that my application was sponsored by so-and-so company (my previous employer) but later I changed jobs as per AC21. She even had a copy of AC21 rules with her. There was no problem but she was kept in waiting for another 30+ minutes until the immigration officer talked to 2 other officers. She got the impression that most of immigration people there are not really aware of AC21 and this made us think this could be a potential issue for those who used AC21.
Did anyone had any issues like this. We were lucky not having too much of a hassle but was thinking on how to handle these port of entry interviews if someone used AC21.
Thanks to IV for taking this up.
First of all, the letter is not a requirement when you switch jobs. It is a matter of personal preference on whether you want to send the letter. So there may not be any record in your file about the change.
I have travelled using AP. I was not specifically asked this question.
Now, all Immigration officers may not be aware of the AC21 law. It may be good to mention the law and wait for them to verify. From your example, looks like it is good for all the family members to know the AC21 law and maybe carry a document stating the law.
Its a good heads-up for some of us who have switched jobs to carry AC21 document.
more...
waiting4gc02
06-19 08:24 AM
Guys:
Just checked the AP and EAD dates are back within the 90 day limit at all centers.
No Panic..!!!!
Just checked the AP and EAD dates are back within the 90 day limit at all centers.
No Panic..!!!!
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Thecardnyc
07-19 11:57 AM
PD: Feb 04, EB3
I-140 Pending
I-485 - Delivered on July 2nd, 9.01 AM; NSC
I-140 Pending
I-485 - Delivered on July 2nd, 9.01 AM; NSC
more...
mack
02-28 10:51 PM
Here is the first cut at story on 'Issues with GC + Retrogression 101' for media & public. Here goes:
Why there is no green light on green cards?
- By Vijay Reddiar
There have been lots of discussion and spotlights on H1-B issues in the past. One of the least heard, but the most pressing issue that continues to plague day-to-day lives of thousands of high-skilled legal immigrant workers in the US is Retrogression causing deep anxiety, frustration and considerable delay in processing and approving of permanent residency, also called Green Card.
For employment-based green cards, every country has a fixed number of immigrant visas or quota on a per-year basis. When I-485 adjudication or adjustment of status from non-immigrant to immigrant status (example H1-B to Permanent Resident) successfully concludes, it leads to approval of green card. This approval requires a visa number to be available. But, if the visa quota for a country has been used up, visa numbers become unavailable for that country. This unavailability of visa number is the effect of retrogression, wherein, the US Department of State, based on the current demand for the visas decides allocation of how many visa numbers can be released to meet the demand and be in conformance with the pre-set quota.
Employers file for green cards for skilled professionals to obtain a legal immigrant status for future employment. Skilled professionals who have green card processing pending typically wait for their green cards to be approved for an average period of 5 years. During this period, they have very limited, if any, freedom to exercise choice with changing jobs, or getting a raise or promotions, being with the same job, title, position and employer with no way out until it gets approved. The only way out would be to risk losing your green card or having to start all over again. Family members of such skilled professionals share the pain as well. Spouses who would like to obtain jobs and attain financial freedom do not have the legal rights to work until they at the least have an employment authorization. Children of such professionals who apply for college cannot benefit from federal government loans, but instead need their parents to seek private loans. Becoming a legal immigrant has become an increasingly challenging and frustrating experience as has been noted by the experiences of each individual of this community. Unless a legislative reform is made, green cards are not only going to be tough, but also seemingly impossible to materialize.
Immigration Voice, a non-profit organization in the US, founded in Nov 2005 has begun grassroots level effort to alleviate the untold sufferings of high skilled professionals and has been working actively through volunteer members of the organization, that has grown to 9,000+ members in just more than a year. Immigration Voice recently hired Patton Boggs, a top public affairs firm for lobbying efforts towards the immigration goals of the high skilled worker community. Immigration Voice is now heavily engaged pursuing CIR or the Comprehensive Immigration Reform which will be introduced in the Senate in early March 2007 and then proceed to the House before it will be signed by the President to be enacted. This may very well be the ray of hope for the thousands of immigrants stranded on the not-so-green-now land of green cards.
For more information on Immigration Voice, please visit – www.immigrationvoice.org
Why there is no green light on green cards?
- By Vijay Reddiar
There have been lots of discussion and spotlights on H1-B issues in the past. One of the least heard, but the most pressing issue that continues to plague day-to-day lives of thousands of high-skilled legal immigrant workers in the US is Retrogression causing deep anxiety, frustration and considerable delay in processing and approving of permanent residency, also called Green Card.
For employment-based green cards, every country has a fixed number of immigrant visas or quota on a per-year basis. When I-485 adjudication or adjustment of status from non-immigrant to immigrant status (example H1-B to Permanent Resident) successfully concludes, it leads to approval of green card. This approval requires a visa number to be available. But, if the visa quota for a country has been used up, visa numbers become unavailable for that country. This unavailability of visa number is the effect of retrogression, wherein, the US Department of State, based on the current demand for the visas decides allocation of how many visa numbers can be released to meet the demand and be in conformance with the pre-set quota.
Employers file for green cards for skilled professionals to obtain a legal immigrant status for future employment. Skilled professionals who have green card processing pending typically wait for their green cards to be approved for an average period of 5 years. During this period, they have very limited, if any, freedom to exercise choice with changing jobs, or getting a raise or promotions, being with the same job, title, position and employer with no way out until it gets approved. The only way out would be to risk losing your green card or having to start all over again. Family members of such skilled professionals share the pain as well. Spouses who would like to obtain jobs and attain financial freedom do not have the legal rights to work until they at the least have an employment authorization. Children of such professionals who apply for college cannot benefit from federal government loans, but instead need their parents to seek private loans. Becoming a legal immigrant has become an increasingly challenging and frustrating experience as has been noted by the experiences of each individual of this community. Unless a legislative reform is made, green cards are not only going to be tough, but also seemingly impossible to materialize.
Immigration Voice, a non-profit organization in the US, founded in Nov 2005 has begun grassroots level effort to alleviate the untold sufferings of high skilled professionals and has been working actively through volunteer members of the organization, that has grown to 9,000+ members in just more than a year. Immigration Voice recently hired Patton Boggs, a top public affairs firm for lobbying efforts towards the immigration goals of the high skilled worker community. Immigration Voice is now heavily engaged pursuing CIR or the Comprehensive Immigration Reform which will be introduced in the Senate in early March 2007 and then proceed to the House before it will be signed by the President to be enacted. This may very well be the ray of hope for the thousands of immigrants stranded on the not-so-green-now land of green cards.
For more information on Immigration Voice, please visit – www.immigrationvoice.org
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Caliber
04-02 12:27 PM
PS : I work with one of best semiconductor companies in world and earn decent salary .
All GULTIs , start giving me red and i don't give a** for that.
I understand the pain of dependents. My son is also will be aging out.
Ability to work comes from EAD which would come from filing of 485. July 2007 filing was pushed mainly by IV and only then other organizations have pushed for it. I hope you are aware of this. 2 year EAD is IV's achievement.
All this happenned due to IV members and dedicated IV core. The president of this site IV is not a GULTI, but an Indian who donated about 60,000.00 US dollars. Yes, US $ 60K. He is also just like you and me. Never thought of divisions among immigrants: Neither Indian, Chinese, Philippines nor any origin. We have members from all over the world. The majority unfortunately is from India due to severe retrogression.
Had president of IV not donated 60,000.00, majority of us would still be struggling for spouse to work.
Please read IV's goals. Then you can comment whatever you want. Without funds, nothing can be moved. We have to lobby. That is the only option we have. IV core is also like you and me with normal jobs. They can not fly to DC every week or month for lobbying.
Please think before posting some thing.
I am not part of core, but have symtahies on them for doing a THANKLESS job for every one's good.
All GULTIs , start giving me red and i don't give a** for that.
I understand the pain of dependents. My son is also will be aging out.
Ability to work comes from EAD which would come from filing of 485. July 2007 filing was pushed mainly by IV and only then other organizations have pushed for it. I hope you are aware of this. 2 year EAD is IV's achievement.
All this happenned due to IV members and dedicated IV core. The president of this site IV is not a GULTI, but an Indian who donated about 60,000.00 US dollars. Yes, US $ 60K. He is also just like you and me. Never thought of divisions among immigrants: Neither Indian, Chinese, Philippines nor any origin. We have members from all over the world. The majority unfortunately is from India due to severe retrogression.
Had president of IV not donated 60,000.00, majority of us would still be struggling for spouse to work.
Please read IV's goals. Then you can comment whatever you want. Without funds, nothing can be moved. We have to lobby. That is the only option we have. IV core is also like you and me with normal jobs. They can not fly to DC every week or month for lobbying.
Please think before posting some thing.
I am not part of core, but have symtahies on them for doing a THANKLESS job for every one's good.
more...
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sac-r-ten
05-10 09:41 AM
So the question still remains. Which is better school for MS with a little lesser load on the pocket.
I wonder why every dicussion has to take a E2 vs E3, regional discrimination and other such things. Can't we have a proper engaging, fruitful discussion on any topic. Learn to respect and appreciate others. In God's scheme of things nobody is greater or smaller.
Good luck.
I wonder why every dicussion has to take a E2 vs E3, regional discrimination and other such things. Can't we have a proper engaging, fruitful discussion on any topic. Learn to respect and appreciate others. In God's scheme of things nobody is greater or smaller.
Good luck.
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siravi
10-12 05:27 PM
yes
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venkypal
02-15 07:07 PM
Pleaassssssssse dont fight among oursleves ....
Lets fight against immigration bureacracy and unfair policies...
Lets fight against immigration bureacracy and unfair policies...
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chi_shark
01-15 03:54 PM
what is diff between llc and s-corp and which one is good to start?
The latest issue of the inc magazine has a good article on this topic... that way you will get unbiased non-debate information...
The latest issue of the inc magazine has a good article on this topic... that way you will get unbiased non-debate information...
more...
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WithoutGCAmigo
06-18 11:40 AM
Do they have a rule that an interim EAD has to be issued in 90 days???
Looks like USICS wants extra money for EAD and APO also ..They may come out with a Premium Processing route
Looks like USICS wants extra money for EAD and APO also ..They may come out with a Premium Processing route
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chanduv23
08-04 11:42 AM
Pappu,
Please let me know your thoughts..
I-140 is approved. I-485 was filed in July 2007. I have an opportunity to move to another company for a similar job profile. But the new company wants me to work as a contractor (hourly) on W2.
Is that a problem when filing AC-21?
Please advise.
You can be paid hourly or weekly or monthly or by weekly, does not matter as long as your job is fulltime and in same or similar occupation. Hourly pay is a more convinient tool for employers to keep you as contigent worker at times it works both ways because you can get paid more if you work more hours (depends on the state I guess).
You may verify the same with lawyers and gurus.
Please let me know your thoughts..
I-140 is approved. I-485 was filed in July 2007. I have an opportunity to move to another company for a similar job profile. But the new company wants me to work as a contractor (hourly) on W2.
Is that a problem when filing AC-21?
Please advise.
You can be paid hourly or weekly or monthly or by weekly, does not matter as long as your job is fulltime and in same or similar occupation. Hourly pay is a more convinient tool for employers to keep you as contigent worker at times it works both ways because you can get paid more if you work more hours (depends on the state I guess).
You may verify the same with lawyers and gurus.
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nashorn
12-17 01:59 PM
buddy...iv core are not magicians, they have lives too. so please stop asking for more. when you say "iv has the luxury" hopefully you mean all 25,000 who make up iv. the core is not iv. they are just volunteers already breaking their backs...
there are good reasons for the temporary stops to the checks. everything need not be publicly anounced. please leave it at that.
and while we are at it...we need help with the leg work...please complete your profile so we can get you involved with some of it...it would be great to have you as a volunteer!
With all due respect, the probelem I have with volunteers is that I don't think amtures can pull a job this big, you've got to have profesionals, somethng like a compain maneger.
I admire the courage of your guys, and think the goal is fantastic. But the way it goes, I don't see how it can be achieved.
I've learned a great deal about immigration from the forum here. I very much appreciate it. I try to give back by answering questions others may have. I think IV has been doing a great job serving as that capacity.
But you guys want do something bigger. Well, you have faith in it, I don't, at least not now, neither many others. Maybe that is why you are still asking for money and volunteers.
there are good reasons for the temporary stops to the checks. everything need not be publicly anounced. please leave it at that.
and while we are at it...we need help with the leg work...please complete your profile so we can get you involved with some of it...it would be great to have you as a volunteer!
With all due respect, the probelem I have with volunteers is that I don't think amtures can pull a job this big, you've got to have profesionals, somethng like a compain maneger.
I admire the courage of your guys, and think the goal is fantastic. But the way it goes, I don't see how it can be achieved.
I've learned a great deal about immigration from the forum here. I very much appreciate it. I try to give back by answering questions others may have. I think IV has been doing a great job serving as that capacity.
But you guys want do something bigger. Well, you have faith in it, I don't, at least not now, neither many others. Maybe that is why you are still asking for money and volunteers.
gc101
07-18 09:50 AM
Ask her to come back immediately to the US and go to the local court and get married. It is a simple solution.
Hi eager_immi, thank you for your reply. See here is the situation, let's say for very personal reasons, we cannot get married before Sept 2007, then, what are my options?
Thank you,
gc101.
Hi eager_immi, thank you for your reply. See here is the situation, let's say for very personal reasons, we cannot get married before Sept 2007, then, what are my options?
Thank you,
gc101.
LostInGCProcess
09-19 04:35 PM
1) should I invoke Ac 21 ??-- I am worried that the EVL may not meet USCIS needs as it may not be fully detailed
2) The other option I have is to take a leave of absence from my present company for one year and start working for the new company? IN this case what happens if I get RFE for EVL ? Which company should I say I am working for present or the future ? Also If I do take a leave of absence should I send in AC 21 paperwork or no?
PLEASE HELP I am very confused--- I strongly feel that the leave of absence might be an insurance policy but I don't know how to approach it !!
There is no such thing as "invoking" AC21. Its a law. Most important thing is, your I-140 must have been approved and I-485 is pending for more then 180 days....you are Free to sail in the same or similar field.
Forget about option 2.
2) The other option I have is to take a leave of absence from my present company for one year and start working for the new company? IN this case what happens if I get RFE for EVL ? Which company should I say I am working for present or the future ? Also If I do take a leave of absence should I send in AC 21 paperwork or no?
PLEASE HELP I am very confused--- I strongly feel that the leave of absence might be an insurance policy but I don't know how to approach it !!
There is no such thing as "invoking" AC21. Its a law. Most important thing is, your I-140 must have been approved and I-485 is pending for more then 180 days....you are Free to sail in the same or similar field.
Forget about option 2.
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