vjkypally
07-26 02:09 PM
This is not good news for us. The recaptured visas will go towards nurses and none from us wil benefit.We need to shout out loud.
vinabath
03-24 01:56 PM
Now everything is queued..... no more cutting lines.
Brightsider
11-16 03:31 PM
Guys,
Am trying to find out the relevant parts of HR 2892 that extends that benefit to EB cases.
Havent been able to find it?
Apart from Shusterman's commentary, I havent seen anything about the extension of benefits of the 'widow's penalty' to EB cases.
Maybe I am not looking at the right doc.
But those of you who have been able to see it in the statute/law, could you please point it out .....by sending the url, or noting the section/article of the law or any other way.
Many thanks
Am trying to find out the relevant parts of HR 2892 that extends that benefit to EB cases.
Havent been able to find it?
Apart from Shusterman's commentary, I havent seen anything about the extension of benefits of the 'widow's penalty' to EB cases.
Maybe I am not looking at the right doc.
But those of you who have been able to see it in the statute/law, could you please point it out .....by sending the url, or noting the section/article of the law or any other way.
Many thanks
jonty_11
07-17 06:10 PM
might serve IV community better if we contribute for funds...
more...
GreenCardLegion
03-25 06:36 PM
My case details below:
EB3 INDIA
PD of Jul 2004.
I am still working for same GC sponsoring employer since last 5 years. I still perform the same job title/job duties as mentioned in labor.
My employer had mentioned a salary of 87,000$ in my labor.
My 485 was filed way back in Sep 2004.
My 140 was approved way back in Nov 2004.
I have had 2 FPs done and 1 RFE replied to about 2 years ago. RFE was for EVL & TB Skin test.
2004 W2 – shows 74,000$/yr (Less than the salary mentioned in approved labor which is 87,000$)
2005 W2 – shows 57,000$/yr
2006 W2 – shows 50,000$/yr
2007 W2 – shows 58,000$/yr
2008 W2 – shows 67,000$/yr
Never changed employers nor job titles.
My concerns and questions below:
Q1) Will my 485 approval be affected due to the W2’s as mentioned above showing less way less salary than mentioned in the labor. I still work for same employer with same job duties/title as mentioned in labor.
Q2) Am I safe because GC is intended for future job offer? If there is any issue with me getting less salary all these years than my labor petition then can my employer say the 87,000$/yr salary is after 485 approval? Will this suffice? Or am I in jeopardy here?
Q3) With my EB3-India Jul 2004 PD how much more long do you think I need to wait to see a 485 approval? My FBI name checks are cleared.
Q4) With June 2004 PD/EB3 India do you advise me at this stage after 5 years to switch to CP?
Q5) Would you advise me to start a brand new EB2 India labor and 140 considering my retrogressed eb3 India category and dates?
Q6) I have been on bench for about 3 times (periods of 2 to 3 months) in the last several years witout pay. But I have always had EAD but never used EAD as I had H1B from same GC sponsoring employer. But I always got paid every year more than the prevailing LCA wage for my geographical location? Will this affect my GC?
Thanks.
EB3 INDIA
PD of Jul 2004.
I am still working for same GC sponsoring employer since last 5 years. I still perform the same job title/job duties as mentioned in labor.
My employer had mentioned a salary of 87,000$ in my labor.
My 485 was filed way back in Sep 2004.
My 140 was approved way back in Nov 2004.
I have had 2 FPs done and 1 RFE replied to about 2 years ago. RFE was for EVL & TB Skin test.
2004 W2 – shows 74,000$/yr (Less than the salary mentioned in approved labor which is 87,000$)
2005 W2 – shows 57,000$/yr
2006 W2 – shows 50,000$/yr
2007 W2 – shows 58,000$/yr
2008 W2 – shows 67,000$/yr
Never changed employers nor job titles.
My concerns and questions below:
Q1) Will my 485 approval be affected due to the W2’s as mentioned above showing less way less salary than mentioned in the labor. I still work for same employer with same job duties/title as mentioned in labor.
Q2) Am I safe because GC is intended for future job offer? If there is any issue with me getting less salary all these years than my labor petition then can my employer say the 87,000$/yr salary is after 485 approval? Will this suffice? Or am I in jeopardy here?
Q3) With my EB3-India Jul 2004 PD how much more long do you think I need to wait to see a 485 approval? My FBI name checks are cleared.
Q4) With June 2004 PD/EB3 India do you advise me at this stage after 5 years to switch to CP?
Q5) Would you advise me to start a brand new EB2 India labor and 140 considering my retrogressed eb3 India category and dates?
Q6) I have been on bench for about 3 times (periods of 2 to 3 months) in the last several years witout pay. But I have always had EAD but never used EAD as I had H1B from same GC sponsoring employer. But I always got paid every year more than the prevailing LCA wage for my geographical location? Will this affect my GC?
Thanks.
ajju
09-25 12:22 PM
Good find - shows the plight of legal immigrants.
A bit of nitpicking - actually the chart is underestimating the time for EmploymentBased / skilled immigrants wait - says 11-16 years to get citizenship sort of suggesting 16 years is the worst case scenario to get citizenship. Its a bit underestimate especially for people coming from India/China. I have seen many people (including me) on these forums who entered US "legally" ten years ago and still waiting for GC with no idea when they would finally get it. Some of them might finally get citizenship 20 years after entering the country "legally".
On the whole it shows the reality of legal immigration and its waiting times.
Add wait time or prev unsuccesful attempts of paplying 485... So you can add... addition 4-5 years., fore unlucky people like me to be able to apply for a GC Application :D
A bit of nitpicking - actually the chart is underestimating the time for EmploymentBased / skilled immigrants wait - says 11-16 years to get citizenship sort of suggesting 16 years is the worst case scenario to get citizenship. Its a bit underestimate especially for people coming from India/China. I have seen many people (including me) on these forums who entered US "legally" ten years ago and still waiting for GC with no idea when they would finally get it. Some of them might finally get citizenship 20 years after entering the country "legally".
On the whole it shows the reality of legal immigration and its waiting times.
Add wait time or prev unsuccesful attempts of paplying 485... So you can add... addition 4-5 years., fore unlucky people like me to be able to apply for a GC Application :D
more...
srikondoji
07-02 05:45 PM
hemanth22:
I definitely agree that there are many mexicans who are legal here.
However, be it on TV or papers the term mexican is so interwined with illegal that one can't help but continue with that same convention.
Also, in my above post i never said illegal mexians are so....
Again iam not branding everybody here for not following rules. I expected readers to read it has people who overstayed and or sneaked into United states and thus became illegals.
However, i will make sure that i am politically correct in my future posts.
Personally i am not against anybody. My statements may be construed differently by different people and iam not too terribly worried about it.
At the end we want to see a smile on everyone's face.
gemini23:
Thanks for correction dude.
srikondiji,
I agree with your input, all of us have lost money, time and a lot of effort scrambling to get ready to file.
what i feel is that they realized that they will be getting only $1000 * 200 k in july and that they will be getting $2000 * 200k when they make the dates current later on. the difference is huge , now that CIR is dead and they cant raise the $4.5 billion they said for border protection
As to what we have spent on medical reports , tickets , lawyers etc etc, they do not care
But we should stay away from branding any body as not following the rules.
there a lot of mexicans who are here legally and are hard-working.
hemanth
I definitely agree that there are many mexicans who are legal here.
However, be it on TV or papers the term mexican is so interwined with illegal that one can't help but continue with that same convention.
Also, in my above post i never said illegal mexians are so....
Again iam not branding everybody here for not following rules. I expected readers to read it has people who overstayed and or sneaked into United states and thus became illegals.
However, i will make sure that i am politically correct in my future posts.
Personally i am not against anybody. My statements may be construed differently by different people and iam not too terribly worried about it.
At the end we want to see a smile on everyone's face.
gemini23:
Thanks for correction dude.
srikondiji,
I agree with your input, all of us have lost money, time and a lot of effort scrambling to get ready to file.
what i feel is that they realized that they will be getting only $1000 * 200 k in july and that they will be getting $2000 * 200k when they make the dates current later on. the difference is huge , now that CIR is dead and they cant raise the $4.5 billion they said for border protection
As to what we have spent on medical reports , tickets , lawyers etc etc, they do not care
But we should stay away from branding any body as not following the rules.
there a lot of mexicans who are here legally and are hard-working.
hemanth
jagan13
02-21 09:18 AM
HRPRO,
I could go in person , but since I submitted it thru mail, I am not sure if they will even give it to me personally. As of right now, i am planning on waiting it out till the end of 8 weeks atleast, which will be the end of next week.
satishav,
I am from KY and currently they need to validate all the original documents, proof of address,etc before they issue this blue form, whih identifies the last date of your legal status and the DMV issues the license till that date. I already tried with copied on the original passport but the guy in the administrative office refused to issue the form.
aaren253,
Sorry about the lost passport.
rockstart,
I believe there were a lot of delays between 09 and 10, based on my research. Lately, it seems to be about 40 working days. Hopefully, my passport has the same processing timeline. As I mentioned in my post, both my checks(application fee and returm mailing fee) were cashed on 24th Jan which to me is still unclear, as my appointment date was on 24th Dec and my documents were received by the embassy on 31st Dec. I am not sure what they were upto with my passport, till 24th Jan.
Jagan
I could go in person , but since I submitted it thru mail, I am not sure if they will even give it to me personally. As of right now, i am planning on waiting it out till the end of 8 weeks atleast, which will be the end of next week.
satishav,
I am from KY and currently they need to validate all the original documents, proof of address,etc before they issue this blue form, whih identifies the last date of your legal status and the DMV issues the license till that date. I already tried with copied on the original passport but the guy in the administrative office refused to issue the form.
aaren253,
Sorry about the lost passport.
rockstart,
I believe there were a lot of delays between 09 and 10, based on my research. Lately, it seems to be about 40 working days. Hopefully, my passport has the same processing timeline. As I mentioned in my post, both my checks(application fee and returm mailing fee) were cashed on 24th Jan which to me is still unclear, as my appointment date was on 24th Dec and my documents were received by the embassy on 31st Dec. I am not sure what they were upto with my passport, till 24th Jan.
Jagan
more...
h1bnogc
07-13 08:27 PM
thanks raysaikat for your response.
In your opinion, F1/F2/B1/B2 is not option to keep GC process alive.
I can not apply 485 if I am in India.
please tell me what are options then? Any Senior member or Attorney, please respond to this query.
thanks!
In your opinion, F1/F2/B1/B2 is not option to keep GC process alive.
I can not apply 485 if I am in India.
please tell me what are options then? Any Senior member or Attorney, please respond to this query.
thanks!
ivjobs
11-06 05:26 PM
newbie2020 has taken the initiative of arranging the first conference call which was well received among the members. And one of the points he mentioned in the meeting is worth noting here.
People who are driven towards entrepreneurship have expertise in one or the other field. However they may be looking for help in fields other than their area of expertise. That is where IV members can help each and build their successful businesses.
For example, some of us may be experts in IT, few in Accounting, few in Marketing, few legal, few finance, etc. And a startup/business needs all these to become successful. That is where we can help each other and grow the businesses. And this is one intention behind starting the IV Entrepreneur yahoo group.
People who are driven towards entrepreneurship have expertise in one or the other field. However they may be looking for help in fields other than their area of expertise. That is where IV members can help each and build their successful businesses.
For example, some of us may be experts in IT, few in Accounting, few in Marketing, few legal, few finance, etc. And a startup/business needs all these to become successful. That is where we can help each other and grow the businesses. And this is one intention behind starting the IV Entrepreneur yahoo group.
more...
Raju
07-05 06:20 AM
Actually it would have been greater mess if they would have allowed to file 500 to 700k persons if that number is correct. Mainly those who are missing the bus due to marriage and other reasons would have suffered a lot. PD date movement
should be as accurate as possible or gc number should be increased. Or if they allow to file everyone then processing of application should be based on PD.
Senthil1,
You are wrong. I-485 approval is based on the combination of PD and RD. When a PD is current for an application then they look at RD. So if the dates retrogress after applying then the apps will sit on the shelves till the PD becomes current. You are stupid to think that just because a few people cannot apply, no one should be allowed to apply. There is a reason why they have to wait and you will find this kind of people all the time.
should be as accurate as possible or gc number should be increased. Or if they allow to file everyone then processing of application should be based on PD.
Senthil1,
You are wrong. I-485 approval is based on the combination of PD and RD. When a PD is current for an application then they look at RD. So if the dates retrogress after applying then the apps will sit on the shelves till the PD becomes current. You are stupid to think that just because a few people cannot apply, no one should be allowed to apply. There is a reason why they have to wait and you will find this kind of people all the time.
duttasurajit
10-18 02:22 PM
I did some research and it seems for AC21 the job description matters and it should be same or similar. The job title may be different.
I think we should be fine but it is safe to take the opinion of at least two good immigration attorneys before proceeding.
I think we should be fine but it is safe to take the opinion of at least two good immigration attorneys before proceeding.
more...
kirupa
10-11 04:25 AM
Thanks - fixed! :)
bklog_sufferer
12-05 08:45 PM
can anyone answer this please??
more...
Templarian
08-26 10:43 AM
That one looks perfect gundark.
gapala
07-06 05:54 PM
Did you mean to say new H1B from a different sponsor? If it is the same sponsor and new H1B, what difference would that make? Since they have not provided any reason, MTR is the best option and this could be a genuine mistake from CIS.
more...
.jpg "Scarlett Johansson wallpapers")
friend99
10-09 04:17 PM
Hi,
I called up and spoke to the IO and asked him about the rejection of I-485 due to old fees and he defended that the application would be rejected without the new fee, I tried to explain him about the July bulletin 107 and that people who were on employment based category and whose dates were current should have used only the OLD FEES till August 17th, he did not agree about it and I did not force the issue!
If the IO officers don't agree about the right facts how would the people who just check the fee! I am sure that is why my application was rejected!
I am not sure what to do! Can somebody suggest anything!
How to let those people know that when we applied in August there was a bulletin which said that we can apply with old fee!
I called up and spoke to the IO and asked him about the rejection of I-485 due to old fees and he defended that the application would be rejected without the new fee, I tried to explain him about the July bulletin 107 and that people who were on employment based category and whose dates were current should have used only the OLD FEES till August 17th, he did not agree about it and I did not force the issue!
If the IO officers don't agree about the right facts how would the people who just check the fee! I am sure that is why my application was rejected!
I am not sure what to do! Can somebody suggest anything!
How to let those people know that when we applied in August there was a bulletin which said that we can apply with old fee!
bbct
02-01 03:13 PM
Thanks for each on every one of you!
some gave me red, its ok.
I had a problem which I though of sharing, may be some one could provide some insight.
It may be my bad that I have posted in wrong thread, but that does not have to mean to give red.
But any ways, for every one who gave red and for every who did leave a message, I thank each and every one of you and wish you good luck on getting your GC.
Could you please share the city and apartment complex name so other people are aware and would be careful in moving?
some gave me red, its ok.
I had a problem which I though of sharing, may be some one could provide some insight.
It may be my bad that I have posted in wrong thread, but that does not have to mean to give red.
But any ways, for every one who gave red and for every who did leave a message, I thank each and every one of you and wish you good luck on getting your GC.
Could you please share the city and apartment complex name so other people are aware and would be careful in moving?
pd_recapturing
05-22 08:37 PM
In my case, I have my EB3 labor and I140 approved with PD as May 2004. I have already started a new PERM EB2 from same company in order to port PD. I have not reached to the stage where I can apply I140 (under EB2) to actually start porting PD. With the new rule of "21st May 2007", I am not sure how would my case be treated? Can somebody shed some light on this?
jagan13
02-22 04:35 PM
HRPRO,
Although I need my passport desperately, I dont want to spend a fortune on a last min. flight or drive for 16 hours, just to hear that I did not wait for 8 weeks as I am supposed or that I can only receive it through mail. Unless I am 100% confident that I will get it, I do not want to go there, atleast not till the end of February. Especially, I dont want to go there in depseration and pay $150 for the tatkaal.The employees neither justlify their salaries nor the positions they hold which were primarily meant for helping Indians in US.
vactorboy29,
I am glad the Chicago CGI was helpful in your case.
I personally believe, that just being an Embassy somewhat explains the delays in DC office but clearly, it does not justify the attitiude of the employees there.
Although I need my passport desperately, I dont want to spend a fortune on a last min. flight or drive for 16 hours, just to hear that I did not wait for 8 weeks as I am supposed or that I can only receive it through mail. Unless I am 100% confident that I will get it, I do not want to go there, atleast not till the end of February. Especially, I dont want to go there in depseration and pay $150 for the tatkaal.The employees neither justlify their salaries nor the positions they hold which were primarily meant for helping Indians in US.
vactorboy29,
I am glad the Chicago CGI was helpful in your case.
I personally believe, that just being an Embassy somewhat explains the delays in DC office but clearly, it does not justify the attitiude of the employees there.
enggr
10-12 08:15 PM
Here is my recent experience. I have only 2yrs out of 6yrs of H1B.Recently i applied for extension(applied for 3yrs instead of 2yrs based on approved 140) and received RFE from USCIS and asked for approved copy of 140. We send it and got the approval.
Thanks
Hi Kmdhar,
Thank you for your reply. My issue is I don't have an approved I-140 as the first one was denied and 2nd one is pending.
Any thoughts on how we get this extension petition approved to the max of my 6 years?
Thanks
Hi Kmdhar,
Thank you for your reply. My issue is I don't have an approved I-140 as the first one was denied and 2nd one is pending.
Any thoughts on how we get this extension petition approved to the max of my 6 years?
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