Vysh
11-21 09:55 AM
Sent an email
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desi3933
02-01 07:58 AM
thanks for the reply..this means having a dependent visa is the key at the time of approval..
This is NOT what I said in my post. I mentioned "Dependent Relationship". Dependent Visa applies in most cases, though. Example - Your wife could be on F1 or other visa and that is not dependent visa.
Contrary to popular myth, it is ok to file I-485 on F1 visa status.
if the application was approved and the wife was on h4 (but didn't file her i485 yet..) then she could still file for her i485?
Correct. It is advisable to file I-485 as soon as your PD is current. However, section 245(k) covers for 180 calendar days. In some cases, she may have more time, but those cases are linked to visa status and usually don't apply to H4 status holders.
Good Luck.
____________________
Not a legal advice.
US Citizen of Indian Origin
This is NOT what I said in my post. I mentioned "Dependent Relationship". Dependent Visa applies in most cases, though. Example - Your wife could be on F1 or other visa and that is not dependent visa.
Contrary to popular myth, it is ok to file I-485 on F1 visa status.
if the application was approved and the wife was on h4 (but didn't file her i485 yet..) then she could still file for her i485?
Correct. It is advisable to file I-485 as soon as your PD is current. However, section 245(k) covers for 180 calendar days. In some cases, she may have more time, but those cases are linked to visa status and usually don't apply to H4 status holders.
Good Luck.
____________________
Not a legal advice.
US Citizen of Indian Origin
desi_hardcore_techie
08-13 12:32 PM
oye chappan... ever been to indore?
there is a small shops complex there called chappan dukaan... very famous hangout place for all indorians... just remembered :)
Chappan Dukaan is too good...even non indorians have heard about it...
I just had a morning dream that EB3 will be current in coming months.
May all EBs get current and all desis can switch jobs/companies/professions....
Good Luck to everybody!
there is a small shops complex there called chappan dukaan... very famous hangout place for all indorians... just remembered :)
Chappan Dukaan is too good...even non indorians have heard about it...
I just had a morning dream that EB3 will be current in coming months.
May all EBs get current and all desis can switch jobs/companies/professions....
Good Luck to everybody!
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gcseeker2002
02-20 03:16 PM
I was looking at the flcdatacenter website for Perm labors filed in 2006, and here are the numbers of total perm filed :
Total : 105960
India : 26636 = 25.2%
China : 8222 = 7.75%
No wonder china is moving faster in the EB categories
Total : 105960
India : 26636 = 25.2%
China : 8222 = 7.75%
No wonder china is moving faster in the EB categories
more...
iv_only_hope
02-17 11:00 PM
What abt the other categories which seem to be current 4th 5th religious workers etc. Where will their visas go if they stay current?
bmoni
12-22 11:55 AM
Guys, Currently i am in my 7th year. I-140 pending planning to move to another company after my I-140 approval. My understanding if you have a approved I-140 you get to keep the priority date even if you didn't apply 485...
But when i talked to my attorney he said only i can keep the I-140 if i apply 485 and its 180 days pending ...guys could you please verify is this true...
If it not could you please point to necessary document so i can shed some lights to my attorney ..
Thanks,
Viva IV
But when i talked to my attorney he said only i can keep the I-140 if i apply 485 and its 180 days pending ...guys could you please verify is this true...
If it not could you please point to necessary document so i can shed some lights to my attorney ..
Thanks,
Viva IV
more...
ns33
03-18 04:22 PM
Answers below:
1. Technically there is no Salary restriction. As stated above it is a grey area. But, if the job duties are the same and the salary difference is too big (no one knows how much is acceptable without raising questions), then it brings into question if you are still performing the same duties. But basically, you have to make equal to or more than the LC.
2. I have used AC21 before. Have not done EAD renewal yet.
Have a question about point1. Most of larger corp employees who have been in the wait cycle 6-8 years, entered in this coprs at rather lower salaries compared to current day standards. Once inside, pending GC process, you do not get too much of raise or adjustments (2-5% - more of inflation adjustments every 1.5-2 years or so).
Going out of these positions, within similar technical positions, even at lower - rather conservative end of the current pay scale (on AC21-EAD) it is very easy to reach bracket closer to 40-50% higher. Converting to full time consultants, even in tighter market due to current economy; would actually mean closer to 60-70% difference. How do we handle this? Staying within large corp on FT basis does not make sense financially after all these years. Espcially when EB3 category PD doesn't show any sign of life.
If you have a good suggestion/solution please PM me.
Thanks
NS
PS. this entire rant is about people who have been in the same FT position without promotions and very minimal pay adjustments in large corporations - probably outside west cost. So please keep any and all flaming at my post in the context.
1. Technically there is no Salary restriction. As stated above it is a grey area. But, if the job duties are the same and the salary difference is too big (no one knows how much is acceptable without raising questions), then it brings into question if you are still performing the same duties. But basically, you have to make equal to or more than the LC.
2. I have used AC21 before. Have not done EAD renewal yet.
Have a question about point1. Most of larger corp employees who have been in the wait cycle 6-8 years, entered in this coprs at rather lower salaries compared to current day standards. Once inside, pending GC process, you do not get too much of raise or adjustments (2-5% - more of inflation adjustments every 1.5-2 years or so).
Going out of these positions, within similar technical positions, even at lower - rather conservative end of the current pay scale (on AC21-EAD) it is very easy to reach bracket closer to 40-50% higher. Converting to full time consultants, even in tighter market due to current economy; would actually mean closer to 60-70% difference. How do we handle this? Staying within large corp on FT basis does not make sense financially after all these years. Espcially when EB3 category PD doesn't show any sign of life.
If you have a good suggestion/solution please PM me.
Thanks
NS
PS. this entire rant is about people who have been in the same FT position without promotions and very minimal pay adjustments in large corporations - probably outside west cost. So please keep any and all flaming at my post in the context.
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admin
06-04 06:44 AM
The Heritage Foundation is a powerful Conservative Think Tank based out of Washington DC.
More at http://www.heritage.org
More at http://www.heritage.org
more...
manderson
11-09 08:57 AM
unless you are a European on EB3.
My lawyer told me the backlog is 400K. As an European, I am expecting to wait between 2 to 3 years for my GC. Anything sooner would be a nice surprise!
My lawyer told me the backlog is 400K. As an European, I am expecting to wait between 2 to 3 years for my GC. Anything sooner would be a nice surprise!
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monkeyman
02-26 11:28 PM
You are all set if you have gone through your FP.
more...
santb1975
03-24 12:49 PM
I wish I did one of these in So.Cal
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gcnirvana
05-12 01:42 PM
Thanks for your template but also please include IV's name wherever possible so that they can contact IV for a full coverage.
I Used their tool but sent the folllowing message
Greetings. My name is XXXXXXXXXXXXX. I
am a citizen of India and have been living in the United States for close
to 7 years on a H1b visa and work as a Senior Software Consultant catering
to various Ammerican clients and my employer is located in Irving, Texas.
My Green Card petition was filed by my employer under the EB2 category and
my I 140 petition has been approved, but I am unable to file for i485
(Adjustment of Status) because visa numbers are not available. My wife is
also on a H1b visa and is a first year resident physician at a Community
Hospital in Brooklyn, New York on a H1b visa.
Based on the fact that we have been law abiding tax paying legal
immigrants, we would like to reach out to you and let you know our issues.
Our main issue is career stagnation. Unavilability of visa number
(retrogression) locks us up with the same employer for years together and
does not allow us to grow careerwise and unable to make critical and life
decisions.
We duly understand that there is a 7% per country upper limit when
Visa numbers are allocated and the fact that India and China has been over
subscribed. These caps and limits are hurting us. STRIVE ACT and SKIL
Bill have provisions to raise the cap and we would like to support these
bills and the provisions.
High tech and health care are sectors where highly skilled immigrants
from all over the world are attracted to and want to contribute in the
best ways we can to pursue our American dream. We would like to contribute
to the growth and development of America in the best possible way. Please
support us and help us in our cause.
Sincerely,
XXXXXXXXXXX
718XXXXXXXX
I Used their tool but sent the folllowing message
Greetings. My name is XXXXXXXXXXXXX. I
am a citizen of India and have been living in the United States for close
to 7 years on a H1b visa and work as a Senior Software Consultant catering
to various Ammerican clients and my employer is located in Irving, Texas.
My Green Card petition was filed by my employer under the EB2 category and
my I 140 petition has been approved, but I am unable to file for i485
(Adjustment of Status) because visa numbers are not available. My wife is
also on a H1b visa and is a first year resident physician at a Community
Hospital in Brooklyn, New York on a H1b visa.
Based on the fact that we have been law abiding tax paying legal
immigrants, we would like to reach out to you and let you know our issues.
Our main issue is career stagnation. Unavilability of visa number
(retrogression) locks us up with the same employer for years together and
does not allow us to grow careerwise and unable to make critical and life
decisions.
We duly understand that there is a 7% per country upper limit when
Visa numbers are allocated and the fact that India and China has been over
subscribed. These caps and limits are hurting us. STRIVE ACT and SKIL
Bill have provisions to raise the cap and we would like to support these
bills and the provisions.
High tech and health care are sectors where highly skilled immigrants
from all over the world are attracted to and want to contribute in the
best ways we can to pursue our American dream. We would like to contribute
to the growth and development of America in the best possible way. Please
support us and help us in our cause.
Sincerely,
XXXXXXXXXXX
718XXXXXXXX
more...
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seahawks
07-21 09:52 AM
I still can't imagine Sen Hillary Clinton did not support legal immigrations..hmm, may be when we send it to Obama, he can take it up with his opponent to get her support too.. who knows, it is all a tricky issue
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for_gc
04-27 04:55 PM
First of all, no need to be so concerned. Also this is not unique situation.
Just apply for I140 for the EB3 (the labor you just got approved).
Once you get the EB3 I140 approved, you have 2 ways to port the PD:
1. Wait for EB2 to be corrent for year 2003(for the PD of your EB3). when its current, apply the 485 with your EB2 I140 and a copy of the EB3 I140 requesting the PD tarnsfer. Basically, your lawyer need to keep a cover letter in very bold letters that your application uses the PD of 2003 based on the EB3 I140 (copy of which need to be attached).
2. Send a request to the service center where your EB2 I140 is approved requesting to update your I140 approval notice with the new PD date. You need to send a copy of the EB3 I140.
The option 1 is the most commonly used procedure. How ever, if the PD is not current, you may use option 2. The option 2 may take time and the lawyer should send the PD transfering details in case of an RFE.
YOU NEED TO PROCEED WITH FILING THE I140 FOR THE EB3 AND WAIT FOR THE APPROVAL. THE PD CAN BE PORTED ONLY AFTER YOU GET THE EB3 I140 APPROVED.
My main concern though is with the chances of approval of I140 with EB3 category LC since I already got I140 approved in higher category (EB2) with the same company.
My company's lawyer said that since you already have I140 approved for EB2 category it is not possible or easy or risky (can't remember exactly what she said) to justify why we are going down from EB3 category to EB2 category.
Just apply for I140 for the EB3 (the labor you just got approved).
Once you get the EB3 I140 approved, you have 2 ways to port the PD:
1. Wait for EB2 to be corrent for year 2003(for the PD of your EB3). when its current, apply the 485 with your EB2 I140 and a copy of the EB3 I140 requesting the PD tarnsfer. Basically, your lawyer need to keep a cover letter in very bold letters that your application uses the PD of 2003 based on the EB3 I140 (copy of which need to be attached).
2. Send a request to the service center where your EB2 I140 is approved requesting to update your I140 approval notice with the new PD date. You need to send a copy of the EB3 I140.
The option 1 is the most commonly used procedure. How ever, if the PD is not current, you may use option 2. The option 2 may take time and the lawyer should send the PD transfering details in case of an RFE.
YOU NEED TO PROCEED WITH FILING THE I140 FOR THE EB3 AND WAIT FOR THE APPROVAL. THE PD CAN BE PORTED ONLY AFTER YOU GET THE EB3 I140 APPROVED.
My main concern though is with the chances of approval of I140 with EB3 category LC since I already got I140 approved in higher category (EB2) with the same company.
My company's lawyer said that since you already have I140 approved for EB2 category it is not possible or easy or risky (can't remember exactly what she said) to justify why we are going down from EB3 category to EB2 category.
more...
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nixstor
08-24 11:29 AM
http://boards.immigrationportal.com/showthread.php?t=222935
I understand the plight, but you aint alone bro.. 360K people are along with you. Dont look for shortcuts (in case if both the posts are by one person ) and get what you deserve. Do what you can to educate your friends and contribute.
I understand the plight, but you aint alone bro.. 360K people are along with you. Dont look for shortcuts (in case if both the posts are by one person ) and get what you deserve. Do what you can to educate your friends and contribute.
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arrarrgee
07-13 11:29 AM
Read on CNN that west coast is hitting 125 in some places...if thats the case guess you guys should be good not wearing any suits...would look odd:eek:
Its a good idea but make sure you guyz are comfortable. It must be hot out there.
Its a good idea but make sure you guyz are comfortable. It must be hot out there.
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myvinbox@gmail.com
08-17 01:44 PM
I just decided to wait and see . hopefully it will get cleared in next 2-3 months
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shsk
07-16 11:36 PM
Hi,
My attorney is requesting that I need to submit Tax return for filing AOS.
I had sent W2 forms
Is tax return separate from W2 , I am confused..:confused:
Pls help
My attorney is requesting that I need to submit Tax return for filing AOS.
I had sent W2 forms
Is tax return separate from W2 , I am confused..:confused:
Pls help
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Life2Live
01-23 10:56 AM
Hi,
When I go online to get the visa appointment for parents I'm not able to get a date and this has been going since 25 days(It asks to check back in 24 hours)
They changed the visa fee this year (2008).
The message on the vfs site says all those with HDFC receipt# obtained last year should try and get visa appointment before Jan/31/08.
What can I do now?
There is also no way I can put my name in the signature box while filling the application.(When the application is filled by someone not parents themselves they ask for siganture of the person filling the application )
What should we do in this case as we are filing online?
Will there be any problem when you don't have H1 stamping on the passport (but have valid H1 and have EAD and AP)
Will there be any problem in visa approval for parents.
Thank you.
You can use the same fee if you schedule interview before Jan 31 2008, Otherwise Visa applicants who paid the $100 application fee and who appear for an interview after January 31, 2008 will be required to bring a non-refundable demand draft for the $31 difference in fee.
Following are the information from VFS website:
United States Government announces worldwide revision of machine
readable visa application fee
December 27, 2007
The U.S.Department of State has revised the worldwide nonimmigrant Machine Readable Visa (MRV) fee from $100 to $131 effective January 1, 2008.
Visa applicants who paid the $100 application fee and who appear for an interview after January 31, 2008 will be required to bring a non-refundable demand draft for the $31 difference in fee.
The U.S. Mission in India will not be able to significantly increase the number of visa appointments in January.
Travelers are cautioned against speculative purchases of $100 MRV appointment receipts in December. Applicants who have not yet purchased a MRV fee receipt from HDFC bank are encouraged to wait until 2008 to pay the application fee to avoid the inconvenience of obtaining a demand draft for the $31 fee difference after January 31, 2008.
When I go online to get the visa appointment for parents I'm not able to get a date and this has been going since 25 days(It asks to check back in 24 hours)
They changed the visa fee this year (2008).
The message on the vfs site says all those with HDFC receipt# obtained last year should try and get visa appointment before Jan/31/08.
What can I do now?
There is also no way I can put my name in the signature box while filling the application.(When the application is filled by someone not parents themselves they ask for siganture of the person filling the application )
What should we do in this case as we are filing online?
Will there be any problem when you don't have H1 stamping on the passport (but have valid H1 and have EAD and AP)
Will there be any problem in visa approval for parents.
Thank you.
You can use the same fee if you schedule interview before Jan 31 2008, Otherwise Visa applicants who paid the $100 application fee and who appear for an interview after January 31, 2008 will be required to bring a non-refundable demand draft for the $31 difference in fee.
Following are the information from VFS website:
United States Government announces worldwide revision of machine
readable visa application fee
December 27, 2007
The U.S.Department of State has revised the worldwide nonimmigrant Machine Readable Visa (MRV) fee from $100 to $131 effective January 1, 2008.
Visa applicants who paid the $100 application fee and who appear for an interview after January 31, 2008 will be required to bring a non-refundable demand draft for the $31 difference in fee.
The U.S. Mission in India will not be able to significantly increase the number of visa appointments in January.
Travelers are cautioned against speculative purchases of $100 MRV appointment receipts in December. Applicants who have not yet purchased a MRV fee receipt from HDFC bank are encouraged to wait until 2008 to pay the application fee to avoid the inconvenience of obtaining a demand draft for the $31 fee difference after January 31, 2008.
gcdreamer05
11-10 03:59 PM
Well things are really tough out here (US), even volunteering is not allowed ...... :confused:
Again thanks to all the guys who posted , 50% say its ok to volunteer, 50% say it is not ok as we are displacing an american worker's job.
It makes it more confusing.
Let me ask one more question here, is it ok to volunteer on h4 visa for a non-profit organization like hospital.......
But man, this is really so bad for folks on H4 visa, what fault is theirs that they cannot even try to bring out their skills and work in this land of opportunity (for no salary).
Again thanks to all the guys who posted , 50% say its ok to volunteer, 50% say it is not ok as we are displacing an american worker's job.
It makes it more confusing.
Let me ask one more question here, is it ok to volunteer on h4 visa for a non-profit organization like hospital.......
But man, this is really so bad for folks on H4 visa, what fault is theirs that they cannot even try to bring out their skills and work in this land of opportunity (for no salary).
logiclife
08-03 05:37 PM
I know what I did was wrong. But what should I do now?
I am worried if USCIS will be sending the copy of the experience letter for verification?
If the letter looks altered and if the ink and shade of your addition looks different from ink/shade of other text, then yes, they would doubt. If they doubt, they will follow procedure and verify the document's authenticity. I am not sure, check with lawyer but I think they will do that via RFE/inquiry. In that case, if you have LIN number, then case status will be updated and you will know that "Something" from USCIS is headed to your employer/lawyer for inquiry or verification. The online status info wont tell you what it is, but you will know if something from USCIS is on the way for inquiry/RFE.
Check all info I provided here with a lawyer. I am not a lawyer.
If that happens, you may want to really get a good attorney to provide you with options.
You should have asked on forums or a lawyer if you even needed to alter the letter. Coz really, the employer need to provide a letter saying that job offer is still valid. If roles/resp are required and if they are missing, USCIS will send RFE for that. And then you can correct it.
But if you get caught in this, then its going to be bad news.
I am worried if USCIS will be sending the copy of the experience letter for verification?
If the letter looks altered and if the ink and shade of your addition looks different from ink/shade of other text, then yes, they would doubt. If they doubt, they will follow procedure and verify the document's authenticity. I am not sure, check with lawyer but I think they will do that via RFE/inquiry. In that case, if you have LIN number, then case status will be updated and you will know that "Something" from USCIS is headed to your employer/lawyer for inquiry or verification. The online status info wont tell you what it is, but you will know if something from USCIS is on the way for inquiry/RFE.
Check all info I provided here with a lawyer. I am not a lawyer.
If that happens, you may want to really get a good attorney to provide you with options.
You should have asked on forums or a lawyer if you even needed to alter the letter. Coz really, the employer need to provide a letter saying that job offer is still valid. If roles/resp are required and if they are missing, USCIS will send RFE for that. And then you can correct it.
But if you get caught in this, then its going to be bad news.
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